Pages 15633±15914 Vol. 64 4±1±99 eDt 3MR9 90 a 1 99Jt134 O000Fm001Ft41 ft41 :F\M0AW.X fm7PsN:01APWS pfrm07 E:\FR\FM\01APWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 19:08Mar31, 1999 VerDate 23-MAR-99 No. 62 federal register April 1,1999 Thursday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onhowtousetheFederalRegister 1 II Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. 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How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.

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Contents Federal Register Vol. 64, No. 62

Thursday, April 1, 1999

Agency for International Development Coast Guard RULES PROPOSED RULES Organization, functions, and authority delegations: Boating safety: Executive agency status, 15685 Passenger Safety Act of 1998— NOTICES Uninspected passenger vessels safety, 15709–15711 Organization, functions, and authority delegations: Executive agency status, 15717 Commerce Department See Foreign-Trade Zones Board Agency for Toxic Substances and Disease Registry See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Grants and cooperative agreements; availability, etc.: Educational and community-based programs, 15768– Commodity Credit Corporation 15770 NOTICES Human health studies applied research and development, Agency information collection activities: 15770–15772 Proposed collection; comment request, 15717–15718 Meetings: Inter-tribal Council on Hanford Health Projects, 15772 Corporation for National and Community Service Public Health Service Citizens Advisory Committee, NOTICES 15772–15773 Agency information collection activities: Proposed collection; comment request, 15731–15732 Agricultural Marketing Service RULES Customs Service Oranges, grapefruit, tangerines, and tangelos grown in— PROPOSED RULES Florida, 15634–15636 Foreign trade zones; weekly entry procedure; withdrawal Correction, 15873 Agriculture Department NOTICES See Agricultural Marketing Service Tariff rate quotas: See Commodity Credit Corporation Tuna fish, 15870–15871 See Farm Service Agency See Forest Service Defense Department See Grain Inspection, Packers and Stockyards See Air Force Department Administration See Navy Department NOTICES Air Force Department Meetings: NOTICES National Security Senior Advisory Board, 15732 Patent licenses; non-exclusive, exclusive, or partially exclusive: Drug Enforcement Administration Laser Photonics Technology, Inc., 15732–15733 NOTICES Antitrust Division Applications, hearings, determinations, etc.: Ansys Diagnostics, Inc., 15803 NOTICES Cadiz Thrift-T Drug, Inc., 15803–15805 Competitive impact statements and proposed consent Dietz, Nichael W., D.D.S., 15805–15806 judgments: Irix Pharmauticals, Inc., 15807 Central Parking Corp. & Aliright Holdings, Inc., 15795– Johnson Matthey, Inc., 15807–15808 15803 Knoll Pharmaceutical Co., 15808 Arms Control and Disarmament Agency Lilly Del Caribe, Inc., 15808 RULES Mallinckrodt Chemical, Inc., 15808–15809 Repeal of CFR regulations, 15686 Noramco of Delaware, Inc., 15809 Nycomed, Inc., 15809 Centers for Disease Control and Prevention Prior, William Franklin, Jr. M.D., 15806–15807 NOTICES PRODIM, 15809–15810 Agency information collection activities: Roxane Laboratories, Inc., 15810–15811 Submission for OMB review; comment request, 15773– Taro Pharmaceuticals U.S.A., Inc., 15811 15774 Thomas, George, PA-C, 15811–15812 Civil Rights Commission Education Department NOTICES NOTICES Meetings; State advisory committees: Agency information collection activities: New York, 15725–15726 Proposed collection; comment request, 15733–15734 Pennsylvania, 15726 Submission for OMB review; comment request, 15734 Virginia, 15726 Grants and cooperative agreements; availability, etc.: Wyoming, 15726 Safe Schools/Healthy Students Initiative, 15905–15909

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Employment and Training Administration PROPOSED RULES NOTICES Class D airspace, 15708–15709 Grants and cooperative agreements; availability, etc.: NOTICES Job Training Partnership Act— Meetings: Contextual learning demonstration program, 15819– RTCA, Inc., 15868 15830 Passenger facilities charges; applications, etc.: Hagerstown Regional Airport, MD, 15868–15869 Energy Department Applications, hearings, determinations, etc.: See Energy Information Administration RTCA, Inc., 15867–15868 See Federal Energy Regulatory Commission Federal Communications Commission See Western Area Power Administration PROPOSED RULES NOTICES Defense Nuclear Facilities Safety Board recommendations: Radio stations; table of assignments: Intergrated safety management and DOE facilities, 15734– Iowa, 15714–15716, 15712 15735 Nevada, 15713–15714 Powerplant and industrial fuel use; new electric New York, 15714 powerplant coal capability: South Dakota, 15713 Self-certification filings— Wyoming, 15713 NOTICES Panda Guadalupe Power, L.P., et al., 15735 Agency information collection activities: Energy Information Administration Proposed collection; comment request, 15753–15754 NOTICES Reporting and recordkeeping requirements, 15754–15755 Agency information collection activities: Rulemaking proceedings; petitions filed, granted, denied, Proposed collection; comment request, 15735–15736 etc., 15755–15756 Applications, hearings, determinations, etc.: Environmental Protection Agency Norcom Communications Corp., 15755 RULES Federal Contract Compliance Programs Office Air quality implementation plans; approval and RULES promulgation; various States: Affirmative action and nondiscrimination obligations of Missouri, 15688–15690 PROPOSED RULES contractors: Air quality implementation plans; approval and Individuals with disabilities; special disabled veterans, promulgation; various States: 15690–15691 Missouri, 15711–15712 Federal Deposit Insurance Corporation NOTICES Superfund; response and remedial actions, proposed RULES Deposit insurance coverage: settlements, etc.: Joint accounts and payable-on-death accounts, 15653– Friedrichsohn’s Cooperage, Inc. Site, 15746 15657 Toxic and hazardous substances control: NOTICES Lead-based paint activities in target housing and child- Agency information collection activities: occupied facilities; State and Indian Tribe Proposed collection; comment request, 15756–15758 authorization applications— West Virginia, 15746–15749 Federal Energy Regulatory Commission Water pollution; discharge of pollutants (NPDES): NOTICES Saipan; reverse osmosis desalinization facilities; general Environmental statements; availability, etc.: permit, 15749–15753 Alabama Power Co., 15740 Hydroelectric applications, 15740–15744 Export-Import Bank Applications, hearings, determinations, etc.: NOTICES AEE 2, L.L.C., 15736–15737 Meetings: CNG Transmission Corp., 15737 Sub-Saharan African Advisory Committee, 15753 Frontier Gas Storage Co., 15737 Midwestern Gas Transmission Co., 15737–15738 Farm Service Agency Natural Gas Pipeline Co. of America, 15738 NOTICES Tennessee Gas Pipeline Co., 15738–15739 Agency information collection activities: Texas Eastern Transmission Corp., 15739 Proposed collection; comment request, 15717–15718 TriState Pipeline, L.L.C., 15739–15740 Federal Aviation Administration Federal Maritime Commission RULES NOTICES Air traffic operating and flight rules, etc.: Agreements filed, etc., 15758 Pilot responsibility for compliance with air traffic control clearances and instructions, 15911–15914 Financial Management Service Airworthiness directives: See Fiscal Service Bell Helicopter Textron, Inc., 15661–15669 Construcciones Aeronauticas, S.A., 15659–15660 Fiscal Service McDonnell Douglas, 15657–15659 NOTICES Sikorsky, 15669–15673 Agency information collection activities: Class E airspace, 15673–15680 Proposed collection; comment request, 15871

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Fish and Wildlife Service Health Resources and Services Administration RULES NOTICES Endangered and threatened species: Meetings: Flatwoods salamander, 15691–15704 Health Professions and Nurse Education Special NOTICES Emphasis Panel, 15775 Endangered and threatened species permit applications, Infant Mortality Advisory Committee, 15775–15776 15779–15780 Meetings: Housing and Urban Development Department Aquatic Nuisance Species Task Force, 15780–15781 NOTICES Environmental statements; availability, etc.: Food and Drug Administration Hartford, CT; section 108 loan gaurantee funded RULES infrastructure project, 15777–15778 Animal drugs, feeds, and related products: Grants and cooperative agreements; availability, etc.: New drug applications— Public and Indian housing— Dinoprost tromethamine sterile solution, 15685 Proceeds of sales of former 1937 Act homeownership Sponsor names and drug labeler codes, etc.; technical units; transition requirements revision, 15778– amendments, 15683–15684 15779 Sulfadimethoxine tablets and boluses; technical amendment, 15684–15685 Immigration and Naturalization Service NOTICES NOTICES Food for human consumption: Agency information collection activities: Adulteration involving hard or sharp foreign objects; Submission for OMB review; comment request, 15812– compliance policy guide; availability, 15774–15775 15817 Temporary protected status program designations: Nicaragua; correction, 15817 Foreign-Trade Zones Board NOTICES Interior Department Applications, hearings, determinations, etc.: Michigan See Fish and Wildlife Service ESCO Co. L.P.; colorformer chemicals manufacturing See Land Management Bureau facility, 15726–15727 See Minerals Management Service See National Park Service

Forest Service Internal Revenue Service NOTICES RULES Environmental statements; notice of intent: Employment taxes and collection of income taxes at source: Ouachita National Forest, OK, 15718–15723 Federal Insurance Contributions Act (FICA); taxation of amounts under employee benefit plans Grain Inspection, Packers and Stockyards Administration Correction, 15687–15688 NOTICES Excise taxes: Agency designation actions: Group health plans; continuation coverage requirements; Illinois, 15723 correction, 15873 Nebraska, et al., 15724–15725 Income taxes: Foreign partnerships and corporations; property transfers by U.S. persons; information reporting requirements Health and Human Services Department Correction, 15686–15687 See Agency for Toxic Substances and Disease Registry Transfers of stock or securities by U.S. persons to foreign See Centers for Disease Control and Prevention corporations and related reporting requirements; See Food and Drug Administration correction, 15687 See Health Care Financing Administration Reporting and recordkeeping requirements See Health Resources and Services Administration Correction, 15688 See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Meetings: Administration Information Reporting Program Advisory Committee, NOTICES 15871–15872 Grants and cooperative agreements; availability, etc.: Temporary Assistance to Needy Families, 15758–15767 International Trade Administration Health promotion and disease prevention objectives for NOTICES Healthy People 2010 project; partnership initiative, Antidumping: 15767 Tapered roller bearings and parts, four inches or less in Meetings: outside diameter andcomponents from— Vital and Health Statistics National Committee, 15767– Japan, 15729–15730 15768 Antidumping and countervailing duties: Five-year (sunset) reviews— Health Care Financing Administration Conduct policies, 15727–15728 NOTICES Final results and revocations, 15728–15729 Agency information collection activities: Cheese quota; foreign government subsidies: Proposed collection; comment request, 15775 Quarterly update, 15730–15731

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Countervailing duties: National Institutes of Health Tillage tools from— NOTICES Brazil; correction, 15731 Meetings: National Institute of Mental Health, 15776 National Library of Medicine, 15776–15777 International Trade Commission NOTICES National Oceanic and Atmospheric Administration Import investigations: RULES Bearings from— Fishery conservation and management: China, et al., 15783–15786 Northeastern United States fisheries— Internal combustion forklift trucks from— Framework adjustment 28; harbor porpoise protection, Japan, 15786–15788 15704–15707 Nitrile rubber from— Japan, 15788–15790 National Park Service Potassium chloride from— NOTICES Canada, 15790–15792 Native American human remains and associated funerary objects: Judicial Conference of the United States Pecos National Historical Park, NM; inventory NOTICES Correction, 15873 Judicial Conduct and Disability Act: Petitions for review of circuit council orders, 15792– Navy Department 15794 NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Justice Department Madison Technology International, Ltd., 15733 See Antitrust Division See Drug Enforcement Administration Nuclear Regulatory Commission See Immigration and Naturalization Service RULES See Juvenile Justice and Delinquency Prevention Office Classified information, access and protection; conformance NOTICES to national policies, 15636–15653 Community Oriented Policing Services Office: PROPOSED RULES Safe Schools/Healthy Students Initiative, 15905–15909 Fee schedules revision; 100% fee recovery (1999 FY), Pollution control; consent judgments: 15897–15903 Butterfield Joint Venture, Ltd., 15794 NOTICES Cantrel et al. and Ohio Power Co. et al., 15794–15795 Environmental statements; availability, etc.: Janssen Ortho LLC, 15795 Kerr-McGee Corp., 15831–15834 Linda Carroll and Carroll Carolina Corp., 15795 Meetings: Reactor Safeguards Advisory Committee, 15834–15835 Juvenile Justice and Delinquency Prevention Office Petitions; Director’s decisions: NOTICES Vermont Yankee Nuclear Power Corp., 15835–15836 Grants and cooperative agreements; availability, etc.: Regulatory agreements: Safe Schools/Healthy Students Initiative, 15905–15909 Agreement State programs; policy statements, 15837– 15841 Applications, hearings, determinations, etc.: Labor Department First Energy Nuclear Operating Co., 15831 See Employment and Training Administration See Federal Contract Compliance Programs Office Personnel Management Office NOTICES RULES Agency information collection activities: Health benefits, Federal employees: Submission for OMB review; comment request, 15817– Contributions and withholdings; weighted average of 15819 subscription charges, 15633

Land Management Bureau Public Debt Bureau NOTICES See Fiscal Service Realty actions; sales, leases, etc.: Public Health Service Oregon, 15781 Recreation management rescrictions, etc.: See Agency for Toxic Substances and Disease Registry Vale District Baker Resource Area, OR; special permit, See Centers for Disease Control and Prevention 15781 See Food and Drug Administration Withdrawal and reservation of lands: See Health Resources and Services Administration Arizona, 15781 See National Institutes of Health Wyoming; correction, 15873 See Substance Abuse and Mental Health Services Administration

Minerals Management Service Railroad Retirement Board NOTICES NOTICES Agency information collection activities: Agency information collection activities: Reporting and recordkeeping requirements, 15781–15782 Proposed collection; comment request, 15841–15842

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Research and Special Programs Administration Transportation Department NOTICES See Coast Guard Meetings: See Federal Aviation Administration Pipeline Safety Advisory Committees, 15869 See Research and Special Programs Administration See Surface Transportation Board Securities and Exchange Commission NOTICES RULES Agency information collection activities: Investment advisers: Proposed collection; comment request, 15866–15867 Ohio investment advisers; transition rule, 15680–15683 NOTICES Treasury Department Investment Company Act of 1940: See Customs Service Deregistration applications— See Fiscal Service Kemper Gold Fund, et al., 15852–15854 See Internal Revenue Service Self-regulatory organizations; proposed rule changes: NOTICES MBS Clearing Corp., 15854–15855 Meetings: Municipal Securities Rulemaking Board, 15855–15856 Community Adjustment and Investment Program Pacific Stock Exchange, Inc., 15856–15857 Advisory Committee, 15870 Philadelphia Stock Exchange, Inc., 15857–15866 Applications, hearings, determinations, etc.: Western Area Power Administration Manufactures Investment Trust et al., 15842–15844 NOTICES PFL Life Insurance Co. et al., 15844–15846 Environmental statements; availability, etc.: Sun Capital Advisers Trust et al., 15846–15852 Calpine Corp., Southpoint Power Plant Project; record of decision, 15744–15746 Small Business Administration PROPOSED RULES Small business size standards: Separate Parts In This Issue Manufacturer and remanufacturer; definitions as they apply to computer industry, 15708 Part II Substance Abuse and Mental Health Services Nuclear Regulatory Commission, 15875–15903 Administration Part III NOTICES Agency information collection activities: Department of Education; Department of Justice, Juvenile Submission for OMB review; comment request, 15777 Justice and Deliquency Prevention Office, 15905–15909 Grants and cooperative agreements; availability, etc.: Safe Schools/Healthy Students Initiative, 15905–15909 Part IV Department of Transportation, Federal Aviation Surface Transportation Board Administration, 15911–15914 NOTICES Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., 15869–15870 Reader Aids Consult the Reader Aids section at the end of this issue for Toxic Substances and Disease Registry Agency phone numbers, online resources, finding aids, reminders, See Agency for Toxic Substances and Disease Registry 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.

5 CFR 24...... 15709 890...... 15633 25...... 15709 26...... 15709 7 CFR 28...... 15709 905...... 15634 70...... 15709 944...... 15634 169...... 15709 10 CFR 175...... 15709 2...... 15636 47 CFR 10...... 15636 11...... 15636 Proposed Rules: 25...... 15636 73 (10 documents) ...... 15712, 95...... 15636 15713, 15714, 15715 Proposed Rules: 50 CFR 170...... 15876 17...... 15691 171...... 15876 648...... 15704 12 CFR 330...... 15653 13 CFR Proposed Rules: 121...... 15708 14 CFR 39 (4 documents) ...... 15657, 15659, 15661, 15669 71 (7 documents) ...... 15673, 15674, 15675, 15676, 15678, 15679 91...... 15912 Proposed Rules: 71...... 15708 17 CFR 275...... 15680 279...... 15680 19 CFR Proposed Rules: 146...... 15873 21 CFR 510...... 15683 520 (2 documents) ...... 15683, 15684 522 (2 documents) ...... 15683, 15685 558...... 15683 22 CFR Ch. II ...... 15685 Ch. VI...... 15686 26 CFR 1 (2 documents) ...... 15686, 15687 7...... 15687 31...... 15687 602 (4 documents) ...... 15687, 15688, 15873 33 CFR Proposed Rules: 175...... 15709 177...... 15709 179...... 15709 181...... 15709 183...... 15709 40 CFR 52...... 15688 Proposed Rules: 52...... 15711 41 CFR 60-250...... 15690 60-999...... 15690 46 CFR Proposed Rules: 10...... 15709 15...... 15709

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Rules and Regulations Federal Register Vol. 64, No. 62

Thursday, April 1, 1999

This section of the FEDERAL REGISTER amended the FEHB law to authorize a FEHB plan, and cases in which a health contains regulatory documents having general new Government contribution formula maintenance organization alters its applicability and legal effect, most of which effective on the first day of the contract previous rating structure. are keyed to and codified in the Code of year that begins in January 1999. In Also, the interim regulation deleted Federal Regulations, which is published under place of the ‘‘Big-6’’ formula, which 50 titles pursuant to 44 U.S.C. 1510. outdated provisions in paragraph 5 CFR evolved under FEHB law during the 890.501(b), and the reference to early 1970’s, the new formula bases The Code of Federal Regulations is sold by paragraph (b) in 5 CFR 890.501(a), the Superintendent of Documents. Prices of Government contributions on the which reflected FEHB law prior to 1974 new books are listed in the first FEDERAL program-wide weighted average costs, REGISTER issue of each week. for self only and for self and family amendments to the Government enrollments, respectively. contribution formula (Pub. L. 93–246, The Big-6 formula provided a section 1, 88 Stat. 3). OFFICE OF PERSONNEL Government contribution for eligible We received no comments on the MANAGEMENT enrollees in any FEHB plan or option interim rule. equal to the lesser of: (1) 60 percent of 5 CFR Part 890 the simple average of self only or self Regulatory Flexibility Act RIN 3206±AI33 and family enrollment charges for the I certify that these regulations will not highest level of benefits offered under Federal Employees Health Benefits have a significant economic impact on six large plans described in law, or (2) a substantial number of small entities Program: Contributions and 75 percent of charges for the particular because the regulations only affect Withholdings plan an individual elects to enroll in. Federal Government contributions The intent of the new FEHB AGENCY: Office of Personnel toward enrollment costs under the contribution formula, which is referred Management. to as the ‘‘Fair Share’’ formula, is to Federal Employees Health Benefits ACTION: Final rule. maintain a consistent level of Program. SUMMARY: The Office of Personnel Government contributions, as a percent Executive Order 12866, Regulatory Management (OPM) is issuing final of the total program costs, regardless of Review regulations under the Federal the configuration of participating health Employees Health Benefits (FEHB) law plans or FEHB enrollment patterns. This rule has been reviewed by the that specify procedures for OPM’s The Fair Share formula requires a Office of Management and Budget in annual determination of the weighted determination by the Office of Personnel accordance with Executive Order 12866. Management (OPM) in advance of each average of subscription charges, for self List of Subjects in 5 CFR Part 890 only and for self and family FEHB contract year of the weighted average of enrollments respectively. The subscription charges that will be in Administrative practice and determinations are a requirement under effect during the year under all FEHB procedure, Government employees, recent amendments to the FEHB law plans, for self only and for self and Health facilities, Health insurance, family types of enrollment, respectively. that authorize a new method for Health professions, Hostages, Iraq, For employees and annuitants generally, adjusting Government contributions Kuwait, Lebanon, Reporting and the law provides a Government toward health plan enrollment charges. recordkeeping requirements, contribution equal to the lesser of: (1) 72 Effective with the FEHB contract year Retirement. that begins in January 1999, the percent of the amount OPM determines Government contribution generally is the program-wide weighted average of Office of Personnel Management. amounts to 72 percent of the weighted subscription charges for the type of Janice R. Lachance, average of subscription charges in effect enrollment the individual selects, or (2) Director. for self only and for self and family 75 percent of the subscription charge for Accordingly, under authority of 5 enrollments respectively. a particular plan (5 U.S.C. 8906 (a) and (b)). U.S.C. 8913, OPM is adopting its DATES: This final regulation is effective The FEHB law, as amended, is very interim regulation amending 5 CFR part May 3, 1999. clear regarding the methodology for 890 as published on August 28, 1998 (63 FOR FURTHER INFORMATION CONTACT: determining the program-wide weighted FR 45933), as a final rule without Bonnie R. Rose (202) 606–0004. average of subscription charges in cases change. SUPPLEMENTARY INFORMATION: On August where health plans continue 28, 1998, OPM published interim participation from year to year. OPM’s [FR Doc. 99–8011 Filed 3–31–99; 8:45 am] regulations in the Federal Register (63 regulations explain how we intend to BILLING CODE 6325±01±M FR 45933) that amended 5 CFR 890.501, treat individual plans for purposes of in paragraphs (a) and (b), to provide for determining the program-wide weighted the administration of a new Government average of subscription charges when contribution formula under the Federal the conditions of a plan’s FEHB Employees Health Benefits (FEHB) law. participation change from one year to The Balanced Budget Act of 1997, the next, including cases in which plans approved on August 5, 1997 (Pub. L. enter the FEHB Program, cease 105–33, sec. 7002, 111 Stat. 662), participation, or merge with another

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DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: This rule are designed to provide fresh markets is issued under Marketing Agreement with fruit of acceptable quality and size, Agricultural Marketing Service No. 84 and Marketing Order No. 905, thereby maintaining consumer both as amended (7 CFR part 905), confidence for fresh Florida citrus. This 7 CFR Parts 905 and 944 regulating the handling of oranges, contributes to stable marketing grapefruit, tangerines, and tangelos conditions in the interest of growers, [Docket No. FV99±905±1 FIR] grown in Florida, hereinafter referred to handlers, and consumers, and helps Oranges, Grapefruit, Tangerines, and as the ‘‘order.’’ The marketing increase returns to Florida citrus Tangelos Grown in Florida and agreement and order are effective under growers. The current minimum grade Imported Grapefruit; Relaxation of the the Agricultural Marketing Agreement standard for red seedless grapefruit is Minimum Size Requirement for Red Act of 1937, as amended (7 U.S.C. 601– U.S. No. 1. The current minimum size Seedless Grapefruit 674), hereinafter referred to as the requirement for domestic shipments is ‘‘Act.’’ size 56 (at least 35⁄16 inches in diameter) AGENCY: Agricultural Marketing Service, This rule is also issued under section through November 7, 1999, and size 48 USDA. 8e of the Act, which provides that (39⁄16 inches in diameter) thereafter. The ACTION: Final rule. whenever specified commodities, current minimum size for export including grapefruit, are regulated shipments is size 56 throughout the SUMMARY: The Department of under a Federal marketing order, year. Agriculture (Department) is adopting, as imports of these commodities into the This rule continues in effect changes a final rule, without change, the United States are prohibited unless they to the order’s rules and regulations provisions of an interim final rule meet the same or comparable grade, relaxing the minimum size requirement relaxing the minimum size requirement size, quality, or maturity requirements for domestic shipments of red seedless for red seedless grapefruit and for red as those in effect for the domestically grapefruit from size 48 (39⁄16 inches seedless grapefruit imported into the produced commodities. diameter) to size 56 (35⁄16 inches United States from size 48 (39⁄16 inches The Department of Agriculture diameter) through November 7, 1999. diameter) to size 56 (35⁄16 inches (Department) is issuing this rule in This rule allows for the continued diameter) under the Florida citrus conformance with Executive Order shipment of size 56 red seedless marketing order. The marketing order 12866. grapefruit. Absent this relaxation, the regulates the handling of oranges, This rule has been reviewed under minimum size would be size 48 (39⁄16 grapefruit, tangerines, and tangelos Executive Order 12988, Civil Justice inches diameter). The Committee met grown in Florida and is administered Reform. This rule is not intended to on September 3, 1998, and unanimously locally by the Citrus Administrative have retroactive effect. This rule will recommended this action. Committee (Committee). This rule not preempt any State or local laws, Section 905.52 of the order, in part, continues to allow handlers and regulations, or policies, unless they authorizes the Committee to recommend importers to ship size 56 red seedless present an irreconcilable conflict with minimum grade and size regulations to grapefruit through November 7, 1999, this rule. the Secretary. Section 905.306 (7 CFR and is expected to maximize grapefruit The Act provides that administrative 905.306) specifies minimum grade and shipments to fresh market channels. proceedings must be exhausted before size requirements for different varieties parties may file suit in court. Under of fresh Florida grapefruit. Such EFFECTIVE DATE: May 3, 1999. section 608c(15)(A) of the Act, any requirements for domestic shipments FOR FURTHER INFORMATION CONTACT: handler subject to an order may file are specified in § 905.306 in Table I of William G. Pimental, Southeast with the Secretary a petition stating that paragraph (a), and for export shipments Marketing Field Office, Marketing Order the order, any provision of the order, or in Table II of paragraph (b). This final Administration Branch, F&V, AMS, any obligation imposed in connection rule continues the adjustment to Table USDA, PO Box 2276, Winter Haven, with the order is not in accordance with I establishing a minimum size of 56 Florida 33883; telephone: (941) 299– law and request a modification of the through November 7, 1999. Minimum 4770, Fax: (941) 299–5169; or George order or to be exempted therefrom. A grade and size requirements for Kelhart, Technical Advisor, Marketing handler is afforded the opportunity for grapefruit imported into the United Order Administration Branch, F&V, a hearing on the petition. After the States are currently in effect under AMS, USDA, room 2522–S, PO Box hearing, the Secretary would rule on the § 944.106 (7 CFR 944.106). This final 96456, Washington, DC 20090–6456; petition. The Act provides that the rule also continues the adjustment telephone: (202) 720–2491, Fax: (202) district court of the United States in any § 944.106 establishing a minimum size 720–5698. Small businesses may request district in which the handler is an of 56 through November 7, 1999. Export information on complying with this inhabitant, or has his or her principal requirements for Florida red seedless regulation, or obtain a guide on place of business, has jurisdiction to grapefruit are not changed by this rule. complying with fruit, vegetable, and review the Secretary’s ruling on the In making its recommendation, the specialty crop marketing agreements petition, provided an action is filed not Committee considered estimated supply and orders by contacting Jay Guerber, later than 20 days after the date of the and demand. The supply of red seedless Marketing Order Administration entry of the ruling. grapefruit is expected to be slightly Branch, Fruit and Vegetable Programs, There are no administrative higher than last season based on the AMS, USDA, room 2525–S, PO Box procedures which must be exhausted Department’s official crop estimate of 96456, Washington, DC 20090–6456; prior to any judicial challenge to the 31,500,000 13⁄5 bushel boxes as telephone: (202) 720–2491, Fax: (202) provisions of import regulations issued compared to last season’s utilized 720–5698, or E-mail: under section 8e of the Act. supply of 30,600,000 boxes. The fruit is [email protected]. You may The order for Florida citrus provides expected to be high quality with a good also view the marketing agreements and for the establishment of minimum grade appearance. The Committee reports that orders small business compliance guide and size requirements with the it expects fresh market demand to be at the following web site: http:// concurrence of the Secretary. The sufficient to permit the shipment of size www.ams.usda.gov/fv/moab.html. minimum grade and size requirements 56 red seedless grapefruit grown in

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Florida during the entire 1998–99 regulated under a Federal marketing receipts. Using the average f.o.b. price, season. order, imports of that commodity must about 80 percent of the Florida This size relaxation will enable meet the same or comparable grade, grapefruit handlers could be considered Florida grapefruit shippers to continue size, quality, and maturity requirements. small businesses under the SBA shipping size 56 red seedless grapefruit Since this rule continues to relax the definition and about 20 percent of the to the domestic market. This rule will minimum size requirement under the handlers could be considered large have a beneficial impact on producers domestic handling regulations, a businesses. The majority of grapefruit and handlers, since it will permit corresponding change to the import handlers, growers, and importers may Florida grapefruit handlers to make regulations is necessary. be classified as small entities. available those sizes of fruit needed to Minimum grade and size Florida handlers shipped meet consumer needs. This is consistent requirements for grapefruit imported approximately 42,410,000 4⁄5 bushel with current and anticipated demand in into the United States are currently in cartons of grapefruit to the fresh market those markets for the 1998–99 season, effect under § 944.106. This rule during the 1997–98 season. Of these and will provide for the maximization continues the minimum size cartons, about 21,860,000 were of shipments to fresh market channels. requirement for imported red seedless exported. In the past three seasons, The Committee believes that domestic grapefruit at 35⁄16 inches in diameter domestic shipments of Florida markets have been developed for size 56 (size 56) until November 7, 1999, to grapefruit averaged about 21,148,000 fruit and that the industry should reflect the relaxation under the order for cartons. During the period 1991 through continue to supply those markets. This red seedless grapefruit grown in Florida. 1996, imports have averaged 734,800 minimum size change pertains to the Pursuant to requirements set forth in cartons a season. Imports account for domestic market, and does not change the Regulatory Flexibility Act (RFA), the less than five percent of domestic the minimum size for export shipments Agricultural Marketing Service (AMS) shipments. which will continue at size 56 has considered the economic impact of Section 905.52 of the order, in part, throughout the season. The largest this action on small entities. authorizes the Committee to recommend market for size 56 small red grapefruit Accordingly, AMS has prepared this minimum grade and size regulations to is for export. final regulatory flexibility analysis. the Secretary. Section 905.306 specifies During the first 11 weeks of the The purpose of the RFA is to fit minimum grade and size requirements season (September 21 through December regulatory actions to the scale of for different varieties of fresh Florida 6) a volume regulation limited the business subject to such actions in order grapefruit. This rule continues to relax volume of small red seedless grapefruit that small businesses will not be unduly the minimum size requirement for entering the fresh market. That action or disproportionately burdened. domestic shipments of red seedless was successful in moving smaller-sized Marketing orders issued pursuant to the grapefruit from size 48 (39⁄16 inches fruit to those markets demanding such Act, and the rules issued thereunder, are diameter) to size 56 (35⁄16 inches sizes (63 FR 51511, September 28, 1998; unique in that they are brought about diameter) through November 7, 1999. 64 FR 3807, January 26, 1999). The through group action of essentially No change is being made in the Committee agreed that this regulation small entities acting on their own minimum size 56 requirement for export helped reduce the negative effects of behalf. Thus, both statutes have small shipments. Absent this relaxation, the size 56 on the domestic market. entity orientation and compatibility. minimum size requirement for domestic In addition, the currency and Import regulations issued under the Act shipments would be size 48. The motion economic problems currently facing the are based on those established under to allow shipments of size 56 red Pacific Rim countries remain a concern. Federal marketing orders. seedless grapefruit through November 7, These countries traditionally have been There are approximately 80 grapefruit 1999, was passed by the Committee good markets for size 56 grapefruit. handlers subject to regulation under the unanimously. In addition, there was a Current conditions there could reduce order, approximately 11,000 growers of volume regulation in effect for the first demand for grapefruit, and alternative citrus in the regulated area, and about 11 weeks of this season (September 21 outlets need to be available. It will be 25 grapefruit importers. Small through December 6) that limited the advantageous to have the ability to ship agricultural service firms, which volume of small red seedless grapefruit size 56 red seedless grapefruit to the include handlers and importers, have entering the fresh market (63 FR 51511, domestic market should problems been defined by the Small Business September 28, 1998; 64 FR 3807, materialize in the export market. Administration (SBA) as those having January 26, 1999). Based on available information, the annual receipts of less than $5,000,000, This rule will have a positive impact Committee unanimously recommended and small agricultural producers are on affected entities. This action allows that the minimum size for shipping red defined as those having annual receipts for the continued shipment of size 56 seedless grapefruit to the domestic of less than $500,000 (13 CFR 121.601). red seedless grapefruit. This change is market should be size 56 through Based on the industry and Committee not expected to increase costs associated November 7, 1999. This rule will have data for the 1997–98 season, the average with the order requirements. a beneficial impact on producers and annual f.o.b. price for fresh Florida red This rule continues to relax the handlers because it will permit Florida seedless grapefruit during the 1997–98 minimum size from size 48 (39⁄16 inches grapefruit handlers to make available season was around $6.30 per 4⁄5 bushel diameter) to size 56 (35⁄16 inches those sizes of fruit needed to meet cartons, and total fresh shipments for diameter) through November 7, 1999. anticipated market demand for the the 1997–98 season are estimated at 15.5 This change will allow handlers to 1998–99 season. Additionally, importers million cartons of red seedless continue to ship size 56 red seedless will be favorably affected by this change grapefruit. Approximately 20 percent of grapefruit to the domestic market. This since the relaxation of the minimum all handlers handled 60 percent of rule will have a beneficial impact on size regulation will also apply to Florida grapefruit shipments. In producers and handlers, since it will imported grapefruit. addition, many of these handlers ship permit Florida grapefruit handlers to Section 8e of the Act provides that other citrus fruit and products which make available those sizes of fruit when certain domestically produced are not included in Committee data but needed to meet consumer needs. This is commodities, including grapefruit, are would contribute further to handler consistent with current and anticipated

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.105 pfrm03 PsN: 01APR1 15636 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations demand in those markets for the 1998– information collection requirements and PART 905ÐORANGES, GRAPEFRUIT, 99 season, and will provide for the duplication by industry and public TANGERINES, AND TANGELOS maximization of shipments to fresh sectors. GROWN IN FLORIDA market channels. In addition, the Department has not The currency and economic problems identified any relevant Federal rules PART 944ÐFRUITS; IMPORT currently facing the Pacific Rim REGULATIONS countries remain a concern. These that duplicate, overlap or conflict with countries traditionally have been good this rule. However, red seedless Accordingly, the interim final rule markets for size 56 grapefruit. Current grapefruit must meet the requirements amending 7 CFR parts 905 and 944 conditions there could reduce demand as specified in the U.S. Standards for which was published at 63 FR 62919 on for grapefruit, and alternative outlets Grades of Florida Grapefruit (7 CFR November 10, 1998, is adopted as a final need to be available. It will be 51.760 through 51.784) issued under the rule without change. advantageous to have the ability to ship Agricultural Marketing Act of 1946 (7 Dated: March 26, 1999. size 56 red seedless grapefruit to the U.S.C. 1621 through 1627). Robert C. Keeney, domestic market should problems Further, the Committee’s meeting was Deputy Administrator, Fruit and Vegetable materialize in the export market. widely publicized throughout the citrus Programs. This change will allow for the industry and all interested persons were [FR Doc. 99–8067 Filed 3–31–99; 8:45 am] continued shipment of size 56 red invited to attend the meeting and BILLING CODE 3410±02±P seedless grapefruit. The opportunities and benefits of this rule are expected to participate in Committee deliberations. be equally available to all grapefruit Like all Committee meetings, the handlers, growers, and importers September 3, 1998, meeting was a NUCLEAR REGULATORY regardless of their size of operation. public meeting and all entities, both COMMISSION In 1996, imports of grapefruit totaled large and small, were able to express 15,000 tons (approximately 705,880 their views on this issue. Finally, 10 CFR Parts 2, 10, 11, 25, and 95 cartons). The Bahamas were the interested persons were invited to RIN 3150±AF97 principal source, accounting for 95 submit information on the regulatory percent of the total. Remaining imports and informational impacts of this action Conformance to National Policies For were supplied by the Dominican on small businesses. Access to and Protection of Classified Information Republic and Israel. Imported grapefruit In accordance with section 8e of the enters the United States from October Act, the United States Trade AGENCY: Nuclear Regulatory through May. Imports account for less Representative has concurred with the Commission. than five percent of domestic shipments. issuance of this final rule. ACTION: Final rule. Section 8e of the Act provides that An interim final rule concerning this SUMMARY: The Nuclear Regulatory when certain domestically produced action was published in the Federal Commission (NRC) is amending its commodities, including grapefruit, are Register on November 10, 1998 (63 FR regulations to conform the requirements regulated under a Federal marketing 62919). Copies of the rule were mailed for the protection of and access to order, imports of that commodity must by the Committee’s staff to all classified information to new national meet the same or comparable grade, Committee members and grapefruit security policy documents. This final size, quality and maturity requirements. handlers. In addition, the rule was made rule is necessary to ensure that Because this rule changes the minimum available through the Internet by the classified information in the possession size for domestic red seedless grapefruit Office of the Federal Register. That rule of NRC licensees, certificate holders, shipments, this change will also be provided for a 60-day comment period and others under the NRC’s regulatory applicable to imported grapefruit. This which ended January 11, 1999. No requirements is protected in accordance rule relaxes the minimum size to size comments were received. with current national policies. 56. This regulation will benefit importers to the same extent that it After consideration of all relevant EFFECTIVE DATE: May 3, 1999. benefits Florida grapefruit producers material presented, including the FOR FURTHER INFORMATION CONTACT: and handlers because it allows Committee’s recommendation, and James J. Dunleavy, Division of Facilities shipments of size 56 red seedless other information, it is found that and Security, Office of Administration, grapefruit into U.S. markets through finalizing the interim final rule, without U.S. Nuclear Regulatory Commission, November 7, 1999. change, as published in the Federal Washington, DC 20555–0001 telephone The Committee considered one Register (63 FR 62919, November 10, (301) 415–7404, E-mail [email protected]. alternative to this action. The 1998) will tend to effectuate the SUPPLEMENTARY INFORMATION: Committee discussed relaxing the declared policy of the Act. minimum size to size 56 on a permanent I. Background basis rather than just for a year. List of Subjects On August 3, 1998 (63 FR 41206), the Members said that each season is 7 CFR Part 905 NRC published a proposed rule in the different, and they prefer to consider Federal Register to amend 10 CFR parts this issue on a yearly basis. Therefore, Grapefruit, Marketing agreements, 10, 11, 25, and 95 to conform its this alternative was rejected. Oranges, Reporting and recordkeeping requirements for the protection of This rule will not impose any requirements, Tangelos, Tangerines. classified Information at licensee, additional reporting or recordkeeping certificate holder and other facilities to requirements on either small or large 7 CFR Part 944 new national security policy red seedless grapefruit handlers or documents. The national requirements Avocados, Food grades and standards, importers. As with all Federal marketing for the protection of and access to Grapefruit, Grapes, Imports, Kiwifruit, order programs, reports and forms are classified National Security Information periodically reviewed to reduce Limes, Olives, Oranges. were revised by the issuance of the

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National Industrial Security Program permitted by national security and other have been protected from public Operating Manual (NISPOM), Executive applicable law; a change to the period disclosure. NRC, however, has no Order 12958, ‘‘Classified National between reinvestigations for ‘‘L’’ and objection to clarifying this issue in the Security Information,’’ dated April 17, ‘‘R’’ access authorizations from five rulemaking and has adopted the 1995, and Executive Order 12968, years to ten years; a change to the fee recommendation by adding ‘‘classified ‘‘Access to Classified Information,’’ schedules of 10 CFR parts 11 and 25 due matter protection’’ to § 2.790(d). dated August 2, 1995. The final rule to a change in the investigative Comment: The commenter amends the provisions of 10 CFR parts requirements for ‘‘Q,’’ ‘‘L,’’ ‘‘U,’’ and recommended that § 11.3 be clarified to 2, 10, 11, 25, and 95 that deal with ‘‘R’’ access authorizations; and changing indicate more prominently that the requirements for access to and the security classification markings to scope of the rule is only applicable to protection of classified information that conform to Executive Order 12958. those licensees who possess formula have been changed or added by the The rule also eliminates the proposed quantities of strategic special nuclear NISPOM, the executive orders, or new changes to §§ 25.15 and 95.35 that material. national guidelines on the scope and would have permitted access to most Response: Section 11.3 has been adjudication of personnel security Secret Restricted Data based on an ‘‘L’’ modified for clarity. investigations. Specifically, changes clearance rather than a ‘‘Q’’ clearance. Comment: The commenter noted that include a new definition in 10 CFR part The rule also incorporates a change to ‘‘As currently described in 10 CFR 95.5, 10 for the ‘‘Personnel Security Review §§ 25.11 and 95.11, ‘‘Specific a container must have both a ‘‘Test Panel’’ and revisions to a number of exemptions,’’ to clarify requirements for Certification Label’’ and a ‘‘General definitions in parts 10, 11, 25, and 95 requesting and approving exemptions. Services Administration Approved to reflect a change in the name of the This change was based on experience Security Container’’ marking to qualify Division of Security to the Division of with exemption requests following as a ‘‘Security Container.’’ Since either Facilities and Security. Additionally, publication of the proposed rule and is reflects acceptable qualification, one or several changes to definitions were intended to follow more closely the the other should be adequate and both made to reflect: A change in language of § 50.12, ‘‘Specific should not be required.’’ responsibility for certain decisions from exemptions.’’ Response: Section 95.5 has been the Executive Director for Operations to Finally, the rule amends paragraph modified for clarity. 11.15(e)(1) and appendix A to 10 CFR the Deputy Executive Director for Comment: The commenter stated that part 25 to reflect recent Office of Management Services; revised due ‘‘It is unclear (to USEC) what constitutes Personnel Management investigative process procedures; a new requirement a significant event or change affecting cost changes. Most of the changes have for a facility clearance for those foreign ownership, control, or influence resulted in significant cost decreases for licensees or others who require access to (FOCI). It is our understanding that the affected parties. For example, the cost of classified information at a facility other NRC is responsible for making FOCI a single scope background investigation than their own; additional information determinations. Therefore, the NRC for a ‘‘U’’ or ‘‘Q’’ access authorization is on the scope and reporting requirements should establish criteria that licensees reduced from $3275 to $2856. Where for the Foreign Ownership, Control, or and certificate holders can use to make costs have increased, it has been on the Influence (FOCI) program; a the determination of what events/ order of two to three dollars. requirement to resubmit an update to changes should be reported to the NRC. the Security Practice Procedures Plan II. Comments on the Proposed Rule For example, in 10 CFR 95.19(b) the every five years; a requirement for a The Commission received three letters NRC has described what ‘minor, non- visitor control program; and greater commenting on the proposed rule, one substantive changes’ include.’’ specificity as to when particular reports from the U.S. Enrichment Corporation, Response: The rule language in 10 are required. one from the Department of Defense CFR 95.17 has been modified to The rule also adopts new (DoD), and one from the Department of describe the types of significant changes requirements in areas where the Energy (DOE). Copies of the letters are that will require NRC notification. executive orders, the NISPOM, or the available for public inspection and Comment: The commenter stated that adjudicative guidelines require specific copying for a fee at the Commission’s ‘‘The language of 10 CFR 95.19(a) procedures not included in the previous Public Document Room, located at 2120 indicates that any change to the security versions of the rules. These new L Street, NW. (Lower Level), procedures and controls would require requirements include: The change to a Washington, DC. the certificate holder to obtain prior three member Personnel Security Cognizant Security Agency (CSA) Review Panel from three Review Comments from the USEC approval. The rule, however, only Examiners, acting individually, Comment: The commenter provided a requires prior approval of substantive reviewing the record of a case where an comment on 10 CFR 2.790(d), ‘‘Public changes. Further, the language is individual’s eligibility for access inspections, exemptions, requests for inconsistent with other parts of the authorization or employment clearance withholding.’’ They stated that ‘‘10 CFR regulations with regard to the definition is in question; an explicit notification 2.790(d) now provides for protection of of ‘‘substantive.’’ Section 50.54(p)(1), that individuals whose eligibility for a licensee’s physical security plan and the process followed by the agency access authorization or employment material control and accounting concerning the preparation and clearance is in question have the right program documents. It seems maintenance of safeguards contingency to be represented by counsel or other appropriate to protect classified matter plan procedures for part 50 licensees, representative at their own expense and protection plans from public disclosure describe substantive changes as those that they have a right to the documents, in the same way as physical security that decrease the effectiveness of the records, and reports which form the plans and fundamental nuclear material security plan. Therefore, to (i) clarify basis for the question of their eligibility controls plans are protected.’’ that prior approval is only needed for to the extent they are unclassified and Response: Classified matter protection substantive changes, and (ii) be do not reveal a confidential source, and plans have always been considered as a consistent with other parts of the to the entire investigative file, as part of the physical protection plan and regulations, USEC requests that the rule

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.035 pfrm03 PsN: 01APR1 15638 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations language in 10 CFR 95.19(a) be locks and keys are treated differently available for review by the NRC. In this modified. * * *’’ than combinations. Combinations only way, the NRC can still track the Response: It has always been NRC require change out if evidence of movement of foreign nationals and policy that only substantive changes compromise exists. Changing locks analyze potential threats. * * * Finally, require prior CSA approval. Section every 12 months can be an expensive the retention period for maintenance of 95.19(a) clearly states, ‘‘Except as procedure at a large facility employing records described in 10 CFR 95.34(b)(2) specified in paragraph (b) of this section several thousand people.’’ Because both calls for five years. It does not appear each licensee * * * shall obtain prior devices serve the same purpose (i.e., that this change is related to the approval * * *.’’ Section 95.19(b) states physical controls which deny access to National Industrial Security Program.’’ ‘‘A licensee or other person may effect classified matter), the commenter Response: Although the NISPOM a minor, non-substantive change to an believes they should be treated requires security controls for foreign approved Standard Practice Procedures consistently. nationals, it does not contain a Plan for the safeguarding of classified Response: Although the comment is requirement for a 60-day advance matter without receiving prior CSA not unreasonable, the national notification of visits by foreign approval * * *.’’ The current language requirement, as reflected in section 5– nationals. NRC agrees that the proposed is clear. The examples cited as 310, ‘‘Supervision of Keys and 60-day requirement is not needed and substantive changes in § 95.19(a) fully Padlocks,’’ of the NISPOM, is explicit. It that the existing controls dealing with qualify as changes affecting the security states, ‘‘Use of key-operated padlocks foreign nationals are adequate. of NRC classified matter. If a licensee are subject to the following However, the requirement to maintain were to change a classified mailing requirements: (i) A key and lock the records of these visits for five years address without notification to the CSA, custodian shall be appointed to ensure is consistent with the NRC requirements it is likely that other facilities would proper custody and handling of keys under § 95.36 for the International continue to send classified information and locks used for protection of Atomic Energy Agency (IAEA) to the old classified mailing address classified material; * * *; (vii) locks inspectors. NRC has modified § 95.34 to which was no longer qualified to receive shall be changed or rotated at least remove the 60-day notification it. That would create a serious threat of annually, and shall be replaced after requirement but is maintaining the five- compromise to the information. The loss or compromise of their operable year recordkeeping requirement. change to a new location for the keys; * * *’’ The NRC requirement is a Comment: The commenter noted that approved facility would have potential direct implementation of the national the proposed changes to § 95.35 ‘‘. major impacts on the security of the policy. ** * could save hundreds of classified matter. Facility approval is Comment: The commenter noted that thousands of dollars by essentially granted based on the physical and ‘‘10 CFR 95.33(f) provides an example of eliminating the need for ‘‘Q’’ clearances procedural safeguards at a given the type of refresher briefing that would at our facilities. However, USEC location. If a licensee could move the be appropriate to meet the requirements clearances are maintained by the DOE facility without prior approval, it would of this section, namely, the use of and we are required to follow DOE be very similar to granting the right to ‘‘audio/video materials and by issuing personnel security regulations per NRC/ initially approve themselves. Therefore written materials.’’ The example DOE agreement. And although the these comments have not been adopted. appears to preclude written or audio/ Secretary of Energy signed the National Comment: The commenter indicated video by themselves, both of which are Industrial Security Program required by that ‘‘10 CFR 95.25(i) requires the adequate training tools. The commenter Presidential Executive Order, it should inventory of a container found open. requests that the rule language in 10 be noted that, DOE’s Office of Because the NRC does not require an CFR 95.33(f) be modified to permit Safeguards and Security does not initial inventory of container contents, it either audio-visual or written materials. endorse this concept. This discrepancy is not clear what purpose the latter Response: It has never been NRC’s between the two agencies may result in inventory serves. Regulations (10 CFR intent to require both audio-visual and complications for USEC.’’ 95.41) were revised in 1996 to remove written materials. We agree with the Response: As noted below, DOE inventory requirements for classified commenter that either alone, or both strongly objects to a reduction in the documents, with the exception of together, is an acceptable approach. The investigative requirements for access to external receipt and dispatch records. paragraph has been modified to clarify Secret Restricted Data until such time as Further, inventories may no longer have this point. DOE and DoD reconcile their significant much meaning since documents, Comment: The commenter noted that differences in the protection computer disks, and other ADP media ‘‘10 CFR 95.34(b)(1) requires that certain requirements of Secret Restricted Data. are easily copied with today’s information concerning foreign visitors Because DOE rather than NRC maintains technology. Finally, 10 CFR 95.25(i) has be provided to the NRC 60 days in security clearances for the commenter, reporting language that is unnecessary advance of the visit. USEC operates a USEC apparently desires to avoid and should be eliminated. Finding an commercial uranium enrichment facility complications that may result from open security container would and already implements a security differing standards between NRC and constitute an infraction and would, program which precludes the DOE. The commenter is the organization therefore, be reportable under 10 CFR dissemination/exposure of classified that would be most affected by this 95.57.’’ information to Foreign Nationals. * ** change. No other licensee or certificate Response: For the reasons cited by the As a commercial operation with holder commented on this change. NRC commenter, the rule language in Section extensive foreign customers, USEC has decided to withdraw the proposed 95.25(i) has been modified to eliminate cannot operate under such conditions. change and allow the current the requirements for an inventory and Our security program has already been requirements to remain in effect until report. reviewed and determined to be effective DOE and DoD reconcile their significant Comment: The commenter stated that in precluding foreign nationals from differences in the protection ‘‘10 CFR 95.25(j)(7) requires that keys gaining access to classified information. requirements of Secret Restricted Data. and spare locks be changed or rotated Security plans for all visits by foreign Comment: The commenter stated that every 12 months. It is not clear why nationals are prepared, maintained, and ‘‘while the proposed regulations

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(§ 95.57) should reduce the number of changed the rule to provide for these revisions to its rules until DOE telephonic reports, it will not decrease submission of logs on a monthly basis. and DoD reconcile their significant the greater administrative burden on the NRC does not agree that a single point differences in the protection certificate holder created by the of contact is practical for events of a requirements of Secret Restricted Data. high level of significance (note that we required written reports. NRC should Comments from the Department of have agreed above to significantly adopt a reporting system similar to that Energy (DOE) used by the power reactor industry and reduce the number of events that will required by 10 CFR 73.71. Specifically, qualify for one-hour reporting). Because Comment: The commenter stated that 10 CFR 95.57(a) should explain what only truly serious events will now they ‘‘. * * * have significant concerns type of event would require a one hour qualify, it is important that both the that this rule, if amended as stated in report (similar to 10 CFR 73.71(a)(1)). CSA and the NRC regional office be your proposal, will compromise some of ** * Similarly, 10 CFR 95.57(b) should notified promptly. This change has not the nations most sensitive nuclear be revised to include those events not been adopted. NRC agrees that restoring weapons information. Our position rising to the level of events described in the reporting requirement for the NRC remains unchanged from our comment 10 CFR 95.57(a). Events involving Form 790 to ‘‘monthly’’ is acceptable to the previous revision to this infractions, losses, or compromises and has so revised § 95.57(c). However, regulation. During the process of should be logged for review. All NRC will not remove the ‘‘as developing a single security standard loggable events should be sent to the completed’’ option for those entities that for. * * * the protection of classified NRC on a quarterly basis. * * * The prefer to submit information information, it was discovered that requirement for 30 day written reports electronically as documents are significant differences existed between (follow up) should be eliminated for all classified. NRC does not see any the Department of Energy and the except one hour reports. Experience has particular advantage to moving the Department of Defense in the protection shown that these follow up reports reporting requirement to a different of Secret Restricted Data. * * * The two involve extensive review by paragraph and has not adopted that agencies agreed to work toward a management and are time intensive. By recommendation. The commenter also solution. We are still in the process of using the logging process identified in provided comments on the NRC reconciling those differences. * ** 10 CFR 73.71, the NRC would still document, ‘‘Standard Practice Neither the NISPOM nor the NISPOM receive written indication of an event Procedures Plan Standard Format and Supplement allow for access to Secret Restricted Data based on an ‘‘L’’ access for inspection review or follow up. Such Content for the Protection of Classified authorization. * * * When information loggable events could show corrective Matter for NRC Licensees, Certificate is created, there is no distinction within actions or problem report numbers for Holder, and Related Organizations,’’ Secret Restricted Data of ‘‘critical’’ or further review if desired. Also, the NRC which is not a part of this rulemaking. ‘‘nuclear weapons design, should consider a single point of contact Comments From the DoD manufacturing, or vulnerability.’’ for reportable events. The proposed Comment: The commenter noted that Without the identification and marking reporting requirements require multiple ‘‘During the development of the of this type of information, the reports within NRC. * * * Experience NISPOM, it became necessary to resolve implementation of the requirement has shown that time delays may occur dissimilar requirements for the handling within NRC would be impossible. If this before the proper NRC individual can be of RD between the Department of requirement were implemented, it poses located. This places severe time Energy, the Commission, and this a potential threat to Secret Restricted constraints on a licensee/certificate Department. For the past 40+ years, the Data, that is, this country’s most holder who must make a determination Defense Department has successfully sensitive weapons design information for reporting and notify two separate handled and stored RD according to its being accessed by ‘‘L’’ cleared offices within the NRC of an event. classification level, protecting SECRET/ individuals.’’ USEC believes that the criteria for RD as SECRET national security Response: As stated above, because submission of NRC Form 790 more information. * * * We have been DOE strongly objects to changing the appropriately belongs in § 95.37, working to resolve these differing rule until DOE and DoD reconcile their ‘‘Classification and Preparation of requirements since 1995 * * * and that significant differences in the protection Documents.’’ Additionally, NRC has ** * in the interim, in (their) view requirements of Secret Restricted Data, changed the requirement for submission ** * unnecessarily costly background and USEC, the organization most of Form 790 from monthly to ‘‘* * * as investigations are continuing to be run affected by this aspect of the rule, completed basis or every 30 days.’’ in Energy and the Commission for advised that a discrepancy between Typically, the NRC has used the 30 day access to the same information that is DOE and NRC on this issue may result time period for submission of reports or accessed based on a lesser investigation in complications for them, NRC has events, not standard document in the Defense Department. * ** decided not to modify §§ 25.15 and submission. Because USEC files this Therefore, the Defense Department fully 95.35 at this time. form on a regular basis, we prefer to supports §§ 25.15 and 95.35 of the keep the current wording, * * * on a referenced proposed rule.’’ III. The Final Rule monthly basis. * * *’’ Response: NRC does not have With the exception of the items Response: NRC agrees that examples significant numbers of licensee or addressed under ‘‘Comments on the of events requiring one-hour reporting certificate holder personnel with ‘‘Q’’ Proposed Rule,’’ clarifying changes to should be included and § 95.57(a) has clearances. Most of those with ‘‘Q’’ §§ 25.11 and 95.11, ‘‘Specific been revised to include these examples. clearances are at USEC. USEC exemptions,’’ a slight change to fees NRC is also amenable to reducing the commented that a discrepancy between charged for investigations in § 11.15 and formal reporting requirements for DOE and NRC personnel security Appendix A to 10 CFR part 25, and security infractions to accommodate the requirements for access to Secret minor editorial and clarifying changes, logging procedure recommended by the Restricted Data may result in the final rule is the same as the commenter. We do not agree that complications for USEC. As noted proposed rule. The specific changes quarterly reporting is adequate and have above, NRC has elected not to make from the proposed rule are—

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• A slight modification to § 2.790(d) as a categorical exclusion in 10 CFR Washington, DC 20555, telephone: (301) to clarify that it applies to plans for the 51.22(c)(1). Therefore, neither an 415–7404, e-mail: [email protected]. protection of classified matter; environmental impact statement nor an • A modification to § 10.22(d) to environmental assessment has been Regulatory Flexibility Certification clarify what information may be prepared for this final rule. As required by the Regulatory provided to an individual whose Paperwork Reduction Act Statement Flexibility Act of 1980, 5 U.S.C. 605(b), eligibility for access authorization is in the Commission certifies that this rule This final rule amends information question; will not have a significant economic • collection requirements that are subject A slight modification to § 11.3 to impact upon a substantial number of to the Paperwork Reduction Act of 1995 clarify that it only applies to facilities small entities. The NRC carefully posessing formula quantities of strategic (44 U.S.C. 3501, et seq.). These requirements were approved by the considered the effect on small entities in special nuclear material; developing this final rule on the • A change to the fees charged for Office of Management and Budget, approval numbers 3150–0046, 3150– protection of classified information and personnel security investigations in has determined that none of the § 11.15 and Appendix A to 10 CFR part 0047, 3150–0050, and 3150–0062. The public reporting burden for this facilities affected by this rule would 25; qualify as a small entity under the • Modifications to §§ 25.11 and 95.11, information collection is estimated to NRC’s size standards (10 CFR 2.810). ‘‘Specific exemptions,’’ to clarify average 12.5 hours per response, requirements for requesting and including the time for reviewing Backfit Analysis approving exemptions. This change is instructions, searching existing data based on experience with exemption sources, gathering and maintaining the The NRC has determined that the requests following publication of the data needed, and completing and backfit rules in 10 CFR 50.109 and 76.76 proposed rule and more closely follows reviewing the information collection. apply to this rulemaking initiative the language of § 50.12, ‘‘Specific The average burden hours per response because it falls within the criteria in 10 exemptions.’’ for the proposed rule was estimated at CFR 50.109(a)(1) and 76.76(a)(1). • The proposed changes to §§ 25.15 8.3 hours instead of 7.5 hours because However, a backfit analysis is not and 95.35 have been withdrawn; the recordkeeping hours were not required because this rulemaking falls • A clarification of the definition of included in the burden estimate. The under the 10 CFR 50.109(a)(4)(iii) and ‘‘Security Container’’ in § 95.5; final rule burden increase includes the 76.76(a)(4)(iii) exceptions for a • The provision of several examples reduction of 8 responses and 4 burden regulatory action that involves of what constitutes ‘‘significant events hours because of the deletion of the ‘‘redefining what level of protection to or changes’’ affecting the Foreign requirement at 10 CFR 95.34(b)(1) for the . . . common defense and security Ownership, Control or Influence status advance notification of foreign visitors. should be regarded as adequate.’’ of a facility in § 95.17; Send comments on any aspect of this Furthermore, the NRC has determined • Section 95.25(i) has been changed information collection, including that this rulemaking does not constitute to eliminate the requirement to suggestions for reducing the burden, to a backfit under the backfit rule in 10 inventory the contents of a security the Records Management Branch (T–6 CFR 72.62(a). container found open; F33), U.S. Nuclear Regulatory List of Subjects • Section 95.33 has been changed to Commission, Washington, DC 20555– permit either audio-visual or written 0001, or by Internet electronic mail at 10 CFR Part 2 materials for security education; [email protected]; and to the Desk • Section 95.34 has been changed to Officer, Office of Information and Administrative practice and eliminate the requirement for a 60-day Regulatory Affairs, NEOB–10202, procedure, Antitrust, Byproduct advance notice to NRC visits by foreign (3150–0046, –0047, –0050, and –0062), material, Classified information, nationals; and Office of Management and Budget, Environmental protection, Nuclear • Section 95.57 has been changed to Washington, DC 20503. material, Nuclear power plants and provide examples of the types of events reactors, Penalties, Sex discrimination, that would require one-hour reporting, Public Protection Notification Source material, Special nuclear to reduce the number of events If a means used to impose an material, Waste treatment and disposal. requiring one-hour reporting, and to information collection does not display 10 CFR Part 10 replace some of the existing reports with a currently valid OMB control number, a log maintained by a licensee/ the NRC may not conduct or sponsor, Administrative practice and certificate holder. and a person is not required to respond procedure, Classified information, to, the information collection. Small Business Regulatory Enforcement Criminal penalties, Investigations, Fairness Act Regulatory Analysis Security measures. In accordance with the Small The Commission has prepared a 10 CFR Part 11 Business Regulatory Enforcement regulatory analysis for this final Fairness Act of 1996, the NRC has regulation. The analysis examines the Hazardous materials—transportation, determined that this action is not a costs and benefits of the alternatives Investigations, Nuclear Materials, major rule and has verified this considered by the Commission. The Reporting and recordkeeping determination with the Office of analysis is available for inspection in requirements, Security measures, Information and Regulatory Affairs of the NRC Public Document Room, 2120 Special nuclear material. OMB. L Street, NW (Lower Level), 10 CFR Part 25 Washington, DC. Single copies of the Environmental Impact: Categorical analysis may be obtained from James J. Classified information, Criminal Exclusion Dunleavy, Division of Facilities and penalties, Investigations, Reporting and The NRC has determined that this Security, Office of Administration, U. S. recordkeeping requirements, Security final rule is the type of action described Nuclear Regulatory Commission, measures.

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10 CFR Part 95 (d) * * * (d) Any other person designated by Classified information, Criminal (1) Correspondence and reports to or the Deputy Executive Director for penalties, Reporting and recordkeeping from the NRC which contain Management Services of the Nuclear requirements, Security measures. information or records concerning a Regulatory Commission. For the reasons set out in the licensee’s or applicant’s physical 6. In § 10.5, the introductory text is preamble and under the authority of the protection, classified matter protection, removed, the paragraph designations Atomic Energy Act of 1954, as amended; or material control and accounting preceding each of the defined terms are the Energy Reorganization Act of 1974, program for special nuclear material not removed, the definitions are rearranged as amended; and 5 U.S.C. 553; the NRC otherwise designated as Safeguards in alphabetical order, and the is adopting the following amendments Information or classified as National definitions of Access Authorization, to 10 CFR parts 2, 10, 11, 25, and 95. Security Information or Restricted Data. Employment Clearance, National * * * * * Security Information, are revised and PART 2ÐRULES OF PRACTICE FOR the definition of NRC Personnel Security DOMESTIC LICENSING PROCEEDINGS PART 10ÐCRITERIA AND Review Panel is added to read as AND ISSUANCE OF ORDERS PROCEDURES FOR DETERMINING follows: ELIGIBILITY FOR ACCESS TO 1. The authority citation for part 2 RESTRICTED DATA OR NATIONAL § 10.5 Definitions. continues to read as follows: SECURITY INFORMATION OR AN Access authorization means an Authority: Secs.161, 181, 68 Stat. 948, 953, EMPLOYMENT CLEARANCE administrative determination that an as amended (42 U.S.C. 2201, 2231); sec. 191, individual (including a consultant) who as amended, Pub. L. 87–615, 76 Stat. 409 (42 3. The authority citation for part 10 is is employed by or an applicant for U.S.C. 2241); sec. 201, 88 Stat.1242, as revised to read as follows: employment with the NRC, NRC amended (42 U.S.C. 5841); 5 U.S.C. 552. Authority: Secs. 145, 161, 68 Stat. 942, contractors, agents, and licensees of the Section 2.101 also issued under secs. 53, 948, as amended (42 U.S.C. 2165, 2201); sec. NRC, or other person designated by the 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 201, 88 Stat. 1242, as amended (42 U.S.C. Deputy Executive Director for 933, 935, 936, 937, 938, as amended (42 5841); E.O. 10450, 3 CFR parts 1949—1953 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, Management Services, is eligible for a COMP., p. 936, as amended; E.O. 10865, 3 security clearance for access to 2135); sec. 114(f), Pub. L. 97–425, 96 Stat. CFR 1959–1963 COMP., p. 398, as amended; 2213, as amended (42 U.S.C. 10134(f)); sec. Restricted Data or National Security 3 CFR Table 4.; E.O. 12968, 3 CFR 1995 Information. 102, Pub. L. 91–190, 83 Stat. 853, as amended COMP., p.396. (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 * * * * * U.S.C. 5871). Sections 2.102, 2.103, 2.104, 4. Section 10.1 is revised to read as Employment Clearance means an 2.105, 2.721 also issued under secs. 102, 103, follows: administrative determination that an 104, 105, 183, 189, 68 Stat. 936, 937, 938, individual (including a consultant) who 954, 955, as amended (42 U.S.C. 2132, 2133, § 10.1 Purpose. is an NRC employee or applicant for 2134, 2135, 2233, 2239). Section 2.105 also (a) This part establishes the criteria, NRC employment and other persons issued under Pub. L. 97–415, 96 Stat. 2073 procedures, and methods for resolving designated by the Deputy Executive (42 U.S.C. 2239). Sections 2.200–2.206 also questions concerning: Director for Management Services of the issued under secs. 161 b, i, o, 182, 186, 234, (1) The eligibility of individuals who 68 Stat. 948–951, 955, 83 Stat. 444, as NRC is eligible for employment or are employed by or applicants for amended (42 U.S.C. 2201 (b), (i), (o), 2236, continued employment pursuant to employment with NRC contractors, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). subsection 145(b) of the Atomic Energy agents, and licensees of the NRC, Sections 2.205(j) also issued under Pub. L. Act of 1954, as amended. 101–410, 104 Stat. 890, as amended by individuals who are NRC employees or section 31001(s), Pub. L. 104–134, 110 Stat. applicants for NRC employment, and * * * * * 1321–373 (28 U.S.C. 2461 note). Sections other persons designated by the Deputy National Security Information means 2.600–2.606 also issued under sec. 102, Pub. Executive Director for Management information that has been determined L. 91–190, 83 Stat. 853, as amended (42 Services of the NRC, for access to pursuant to Executive Order 12958 or U.S.C. 4332). Sections 2.700a, 2.719 also Restricted Data pursuant to the Atomic any predecessor order to require issued under 5 U.S.C. 554. Sections 2.754, Energy Act of 1954, as amended, and protection against unauthorized 2.760, 2.770, 2.780 also issued under 5 U.S.C. disclosure and that is so designated. 557. Section 2.764 also issued under secs. the Energy Reorganization Act of 1974, 135, 141, Pub. L. 97–425, 96 Stat. 2232, 2241 or for access to national security * * * * * (42 U.S.C. 10155, 10161). Section 2.790 also information; and NRC Personnel Security Review Panel issued under sec. 103, 68 Stat. 936, as (2) The eligibility of NRC employees, means an appeal panel appointed by the amended (42 U.S.C. 2133) and 5 U.S.C. 552. or the eligibility of applicants for Deputy Executive Director for Sections 2.800 and 2.808 also issued under employment with the NRC, for Management Services and consisting of 5 U.S.C. 553. Section 2.809 also issued under employment clearance. three members, two of whom shall be 5 U.S.C. 553 and sec. 29, Pub. L. 85–256, 71 (b) This part is published to selected from outside the security field. Stat. 579, as amended (42 U.S.C. 2039). One member of the Panel shall be Subpart K also issued under sec. 189, 68 Stat. implement the Atomic Energy Act of 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97– 1954, as amended, the Energy designated as Chairman. 425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart Reorganization Act of 1974, as * * * * * L also issued under sec. 189, 68 Stat. 955 (42 amended, Executive Order 10865, 25 FR 7. In § 10.10 the introductory text of U.S.C. 2239). Appendix A also issued under 1583 (February 24, 1960) Executive paragraph (d) is revised to read as sec. 6, Pub. L. 91–560, 84 Stat. 1473 (42 Order 10450, 18 FR 2489 (April 27, follows: U.S.C. 2135). 1954), and Executive Order 12968, 60 § 10.10 Application of the criteria. 2. In § 2.790 paragraph (d)(1) is FR 40245 (August 2, 1995). revised to read as follows: 5. In § 10.2, paragraph (d) is revised * * * * * to read as follows: (d) In resolving a question concerning § 2.790 Public Inspections, exemptions, the eligibility or continued eligibility of requests for withholding. § 10.2 Scope. an individual for access authorization * * * * * * * * * * and/or employment clearance, the

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In § 10.12, paragraphs (a) and (c) of Facilities and Security, shall consider letter or 20 days after receipt of the are revised to read as follows: factors such as the seriousness of the information provided in response to a derogatory information developed, the request made under paragraph (d) of § 10.12 Interview and other investigation. degree of access of the individual to this section, whichever is later, the (a) The Director, Division of Facilities classified information, and the Director, Division of Facilities and and Security, Office of Administration, individual’s opportunity by reason of Security, through the Director, Office of may authorize the granting of access his or her position to commit acts Administration, will submit a authorization and/or employment adversely affecting the national security. recommendation as to the final action to clearance on the basis of the information An individual’s access authorization the Deputy Executive Director for in the possession of the NRC or may and/or employment clearance may not Management Services on the basis of the authorize an interview with the be suspended except by the direction of information in the possession of the individual, if the individual consents to the Executive Director for Operations, NRC; be interviewed, or other investigation as Deputy Executive Director for (f) That if the individual files a the Director deems appropriate. On the Management Services or other Deputy written request for a hearing with the basis of this interview and/or an Executive Director. Director, Office of Administration, the 11. Section 10.22 is revised to read as investigation, the Director may individual shall file with that request a follows: authorize the granting of access written answer under oath or authorization and/or employment § 10.22 Notice to individual. affirmation that admits or denies clearance. A notification letter, prepared by the specifically each allegation and each * * * * * Division of Facilities and Security, supporting fact contained in the (c) If the Director, Division of approved by the Office of the General notification letter. A general denial is Facilities and Security, cannot make a Counsel, and signed by the Director, not sufficient to controvert a specific favorable finding regarding the Office of Administration, must be allegation. If the individual is without eligibility of an individual for access presented to each individual whose knowledge, he or she shall so state and authorization and/or employment eligibility for an access authorization that statement will operate as a denial. clearance, the question of the and/or an employment clearance is in The answer must also state any individual’s eligibility must be resolved question. Where practicable, the letter additional facts and information that the in accordance with the procedures set will be presented to the individual in individual desires to have considered in forth in § 10.20 et seq. person. The letter will be accompanied explanation or mitigation of allegations 9. Section 10.20 is revised to read as in the notification letter. Failure to follows: by a copy of this part and must state: (a) That reliable information in the specifically deny or explain or deny § 10.20 Purpose of the procedures. possession of the NRC has created a knowledge of any allegation or These procedures establish methods substantial doubt concerning the supporting fact will be deemed an for the conduct of hearings and individual’s eligibility for an access admission that the allegation or fact is administrative review of questions authorization and/or an employment true. concerning an individual’s eligibility for clearance; (g) That if the individual does not an access authorization and/or an (b) The information that creates a want to exercise his or her right to a employment clearance pursuant to the substantial doubt regarding the hearing, but does want to submit an Atomic Energy Act of 1954, as amended, individual’s eligibility for an access answer to the allegations in the and Executive Orders 10450, 10865, and authorization and/or an employment notification letter, the individual may 12968 when a resolution favorable to clearance, that must be as do so by filing with the Director, Office the individual cannot be made on the comprehensive and detailed as the of Administration, within 20 days of basis of the interview or other national security interests and other receipt of the notification letter or 20 investigation. applicable law permit; days after receipt of the information 10. Section 10.21 is revised to read as (c) That the individual has the right provided in response to a request made follows: to be represented by counsel or other under paragraph (d) of this section, representative at their own expense; whichever is later, a written answer in § 10.21 Suspension of access (d) That the individual may request accordance with the requirements of authorization and/or employment clearance. within 20 days of the date of the paragraph (f) of this section; In those cases where information is notification letter, any documents, received which raises a question records and reports which form the (h) That the procedures in § 10.24 et concerning the continued eligibility of basis for the question of their eligibility seq. will apply to any hearing and an individual for an access for an access authorization and/or an review. authorization and/or an employment employment clearance. The individual 12. In § 10.23, paragraph (a) is revised clearance, the Director, Division of will be provided within 30 days all such to read as follows: Facilities and Security, through the documents, records and reports to the Director, Office of Administration, shall extent they are unclassified and do not § 10.23 Failure of individual to request a hearing. forward to the Deputy Executive reveal a confidential source. The Director for Management Services or individual may also request the entire (a) In the event the individual fails to other Deputy Executive Director, his or investigative file, which will be file a timely written request for a her recommendation as to whether the promptly provided, as permitted by the hearing pursuant to § 10.22, a individual’s access authorization and/or national security interests and other recommendation as to the final action to employment clearance should be applicable law; be taken will be made by the Director,

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Division of Facilities and Security, proceed, the Hearing Examiner shall, later than 10 days after receipt of the through the Director, Office of unless good cause is shown, return the notice. Administration, to the Deputy Executive case to the Director, Division of (2) In the event the individual fails to Director for Management Services on Facilities and Security, who shall make request a review by the NRC Personnel the basis of the information in the a recommendation on final action to be Security Review Panel of an adverse possession of the NRC, including any taken, through the Director, Office of recommendation within the prescribed answer filed by the individual. Administration, to the Deputy Executive time, the Deputy Executive Director for * * * * * Director for Management Services on Management Services may at his or her 13. In § 10.25, paragraphs (a) and (c) the basis of the information in the discretion request a review of the record are revised to read as follows: possession of the NRC. of the case by the NRC Personnel 15. In § 10.28, paragraph (n) is revised Security Review Panel. The request will § 10.25 NRC Hearing Counsel. to read as follows: set forth those matters at issue in the (a) Hearing Counsel assigned pursuant hearing on which the Deputy Executive to § 10.24 will, before the scheduling of § 10.28 Conduct of hearing. Director for Management Services the hearing, review the information in * * * * * desires a review by the NRC Personnel the case and will request the presence (n) A written transcript of the entire Security Review Panel. of witnesses and the production of proceeding must be made by a person (c) Where the Hearing Examiner has documents and other physical evidence possessing appropriate NRC access made a recommendation favorable to relied upon by the Director, Division of authorization and/or employment the individual, the Deputy Executive Facilities and Security, in making a clearance and, except for portions Director for Management Services may finding that a question exists regarding containing Restricted Data or National at his or her discretion request a review the eligibility of the individual for an Security Information, or other lawfully of the record of the case by the NRC NRC access authorization and/or an withholdable information, a copy of the Personnel Security Review Panel. If this employment clearance in accordance transcript will be furnished the request is made, the Deputy Executive with the provisions of this part. When individual without cost. The transcript Director for Management Services shall the presence of a witness and the or recording will be made part of the immediately cause the individual to be production of documents and other applicant’s or employee’s personnel notified of that fact and of those matters physical evidence is deemed by the security file. at issue in the hearing on which the Hearing Counsel to be necessary or 16. Section 10.31 is revised to read as Deputy Executive Director for desirable for a determination of the follows: Management Services desires a review issues, the Director, Division of by the NRC Personnel Security Review Facilities and Security, will make § 10.31 Actions on the recommendations. Panel. The Deputy Executive Director arrangements for the production of (a) Upon receipt of the findings and for Management Services will further evidence and for witnesses to appear at recommendation from the Hearing inform the individual that within 10 the hearing by subpoena or otherwise. Examiner, and the record, the Director, days of receipt of this notice, the * * * * * Office of Administration, shall forthwith individual may submit a brief (c) The individual is responsible for transmit it to the Deputy Executive concerning those matters at issue for the producing witnesses in his or her own Director for Management Services who consideration of the NRC Personnel behalf and/or presenting other evidence has the discretion to return the record Security Review Panel. The brief must before the Hearing Examiner to support to the Director, Office of be forwarded to the Deputy Executive the individual’s answer and defense to Administration, for further proceedings Director for Management Services for the allegations contained in the by the Hearing Examiner with respect to transmission to the NRC Personnel notification letter. When requested by specific matters designated by the Security Review Panel. the individual, however, the Hearing Deputy Executive Director for (d) In the event of a request for a Counsel may assist the individual to the Management Services. review pursuant to paragraphs (b) and extent practicable and necessary. The (b)(1) In the event of a (c) of this section, the Hearing Counsel Hearing Counsel may at his or her recommendation by the Hearing may file a brief within 10 days of being discretion request the Director, Division Examiner that an individual’s access notified by the Deputy Executive of Facilities and Security, to arrange for authorization and/or employment Director for Management Services that a the issuance of subpoenas for witnesses clearance be denied or revoked, the review has been requested. The brief to attend the hearing in the individual’s Deputy Executive Director for will be forwarded to the Deputy behalf, or for the production of specific Management Services shall immediately Executive Director for Management documents or other physical evidence, notify the individual in writing of the Services for transmission to the NRC provided a showing of the necessity for Hearing Examiner’s findings with Personnel Security Review Panel. assistance has been made. respect to each allegation contained in (e) The Hearing Counsel may also 14. In § 10.27 paragraph (c) is revised the notification letter, and that the request a review of the case by the NRC to read as follows: individual has a right to request a Personnel Security Review Panel. The review of his or her case by the NRC request for review, which will set forth § 10.27 Prehearing proceedings. Personnel Security Review Panel and of those matters at issue in the hearing on * * * * * the right to submit a brief in support of which the Hearing Counsel desires a (c) The parties will be notified by the his or her contentions. The request for review, will be submitted to the Deputy Hearing Examiner at least ten days in a review must be submitted to the Director Executive for Management advance of the hearing of the time and Deputy Executive Director for Services within five days after receipt of place of the hearing. For good cause Management Services within five days the Hearing Examiner’s findings and shown, the Hearing Examiner may order after the receipt of the notice. The brief recommendation. Within 10 days of the postponements or continuances from will be forwarded to the Deputy request for review, the Hearing Counsel time to time. If, after due notice, the Executive Director for Management may file a brief which will be forwarded individual fails to appear at the hearing, Services, for transmission to the NRC to the Deputy Executive Director for or appears but is not prepared to Personnel Security Review Panel not Management Services for transmission

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The NRC Personnel within 10 days of receipt of a copy of member shall be selected who has Security Review Panel shall prepare a the request for review, submit a brief knowledge of the case or of any report of its findings and concerning those matters at issue for information relevant to the disposition recommendations and submit the report consideration of the NRC Personnel of it, or who for any reason would be in writing to the Deputy Executive Security Review Panel. The brief will be unable to issue a fair and unbiased Director for Management Services, who forwarded to the Deputy Executive recommendation. shall furnish a copy to the individual. Director for Management Services for (b) The NRC Personnel Security The findings and recommendations transmission to the NRC Personnel Review Panel shall consider the matter must be fully supported by stated Security Review Panel and Hearing under review based upon the record reasons. Counsel. A copy of the brief will be supplemented by any brief submitted by 18. Section 10.33 is revised to read as made a part of the applicant’s personnel the individual or the Hearing Counsel. follows: security file. The NRC Personnel Security Review (f) The time limits imposed by this Panel may request additional briefs as § 10.33 Action by the Deputy Executive section for requesting reviews and the the Panel deems appropriate. When the Director for Management Services. filing of briefs may be extended by the NRC Personnel Security Review Panel (a) The Deputy Executive Director for Deputy Executive Director for determines that additional evidence or Management Services, on the basis of Management Services for good cause further proceedings are necessary, the the record accompanied by all findings shown. record may be returned to the Deputy and recommendations, shall make a (g) In the event a request is made for Executive Director for Management final determination whether access a review of the record by the NRC Services with a recommendation that authorization and/or employment Personnel Security Review Panel, the the case be returned to the Director, clearance shall be granted, denied, or Deputy Executive Director for Office of Administration, for revoked, except when the provisions of Management Services shall send the appropriate action, which may include § 10.28 (i), (j), or (l) have been used and record, with all findings and returning the case to the Hearing the Deputy Executive Director for recommendations and any briefs filed Examiner and reconvening the hearing Management Services determination is by the individual and the Hearing to obtain additional testimony. When adverse, the Commission shall make the Counsel, to the NRC Personnel Security additional testimony is taken by the final agency determination. Review Panel. If neither the individual, Hearing Examiner, a written transcript (b) In making the determination as to the Deputy Executive Director for of the testimony will be made a part of whether an access authorization and/or Management Services, nor the Hearing the record and will be taken by a person an employment clearance shall be Counsel requests a review, the final possessing an appropriate NRC access granted, denied, or revoked, the Deputy determination will be made by the authorization and/or employment Executive Director for Management Deputy Executive Director for clearance and, except for portions Services or the Commission shall give Management Services on the basis of the containing Restricted Data or National due recognition to the favorable as well record with all findings and Security Information, or other lawfully as the unfavorable information withholdable information, a copy of the recommendations. concerning the individual and shall take transcript will be furnished the 17. Section 10.32 is revised to read as into account the value of the follows: individual without cost. (c) In conducting the review, the NRC individual’s services to the NRC’s § 10.32 Recommendation of the NRC Personnel Security Review Panel shall program and the consequences of Personnel Security Review Panel. make its findings and recommendations denying or revoking access (a) The Deputy Executive Director for as to the eligibility or continued authorization and/or employment Management Services shall designate an eligibility of an individual for an access clearance. NRC Personnel Security Review Panel authorization and/or an employment (c) In the event of an adverse to conduct a review of the record of the clearance on the record supplemented determination, the Deputy Executive case. The NRC Personnel Security by additional testimony or briefs, as has Director for Management Services shall Review Panel shall be comprised of been previously determined by the NRC promptly notify the individual through three members, two of whom shall be Personnel Security Review Panel as the Director, Office of Administration, selected from outside the security field. appropriate. of his or her decision that an access To qualify as an NRC Personnel Security (d) The NRC Personnel Security authorization and/or an employment Review Panel member, the person Review Panel shall not consider the clearance is being denied or revoked designated shall have an NRC ‘‘Q’’ possible impact of the loss of the and of his or her findings with respect access authorization and may be an individual’s services upon the NRC to each allegation contained in the employee of the NRC, its contractors, program. notification letter for transmittal to the agents, or licensees. However, no (e) If, after considering all the factors individual. employee or consultant of the NRC shall in light of the criteria set forth in this (d) In the event of a favorable serve as an NRC Personnel Security part, the NRC Personnel Security determination, the Deputy Executive Review Panel member reviewing the Review Panel is of the opinion that Director for Management Services shall case of an employee (including a granting or continuing an access promptly notify the individual through consultant) or applicant for employment authorization and/or an employment the Director, Office of Administration. with the NRC; nor shall any employee clearance to the individual will not 19. In § 10.34, paragraph (a) is revised or consultant of an NRC contractor, endanger the common defense and to read as follows:

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§ 10.34 Action by the Commission. affidavit setting forth in detail the 23. In § 11.7 the paragraph (a) Whenever, under the provisions of information referred to above. The designations are removed, the § 10.28(i), (j), or (l) an individual has not Deputy Executive Director for definitions are rearranged in been afforded an opportunity to Management Services shall cause the alphabetical order, and the definitions confront and cross-examine witnesses individual to be notified as to whether of NRC–‘‘U’’ special nuclear material who have furnished information adverse his or her eligibility for an access access authorization and NRC–‘‘R’’ to the individual and an adverse authorization and/or an employment special nuclear material access recommendation has been made by the clearance will be reconsidered and if so, authorization are revised to read as Deputy Executive Director for the method by which a reconsideration follows: Management Services, the Commission will be accomplished. shall review the record and determine (c) Where an access authorization § 11.7 Definitions. whether an access authorization and/or and/or an employment clearance has * * * * * an employment clearance should be been granted to an individual by the NRC–‘‘U’’ special nuclear material granted, denied, or revoked, based upon Director, Division of Facilities and access authorization means an the record. Security, without recourse to the administrative determination based * * * * * procedures set forth in §§ 10.20 through upon a single scope background 20. Section 10.35 is revised to read as 10.34, the individual’s eligibility for an investigation, normally conducted by follows: access authorization and/or an the Office of Personnel Management, employment clearance will be that an individual in the course of § 10.35 Reconsideration of cases. reconsidered only in a case where, employment is eligible to work at a job (a) Where, pursuant to the procedures subsequent to the granting of the access falling within the criterion of 11.11(a)(1) set forth in §§ 10.20 through 10.34, the authorization and/or employment or 11.13. Deputy Executive Director for clearance, new derogatory information NRC–‘‘R’’ special nuclear material Management Services or the has been received or the scope or access authorization means an Commission has made a determination sensitivity of the Restricted Data or administrative determination based granting an access authorization and/or National Security Information to which upon a national agency check with law an employment clearance to an the individual has or will have access and credit investigation that an individual, the individual’s eligibility has significantly increased. All new individual in the course of employment for an access authorization and/or an derogatory information, whether is eligible to work at a job falling within employment clearance will be resulting from the NRC’s reinvestigation the criterion of § 11.11(a)(2). reconsidered only when subsequent to program or other sources, will be * * * * * the time of that determination, new evaluated relative to an individual’s 24. Section 11.15 is revised to read as derogatory information has been continued eligibility in accordance with follows: received or the scope or sensitivity of the procedures of this part. the Restricted Data or National Security § 11.15 Application for special nuclear material access authorization. Information to which the individual has PART 11ÐCRITERIA AND or will have access has significantly PROCEDURES FOR DETERMINING (a)(1) Application for special nuclear increased. All new derogatory ELIGIBILITY FOR ACCESS TO OR material access authorization, renewal, information, whether resulting from the CONTROL OVER SPECIAL NUCLEAR or change in level must be filed by the NRC’s reinvestigation program or other MATERIAL licensee on behalf of the applicant with sources, will be evaluated relative to an the Director, Division of Facilities and individual’s continued eligibility in 21. The authority citation for part 11 Security, U.S. Nuclear Regulatory accordance with the procedures of this continues to read as follows: Commission, Washington, DC 20555. part. Authority: Sec. 161, 68 Stat. 948, as Applications for affected individuals (b) Where, pursuant to these amended (42 U.S.C. 2201); sec. 201, 88 Stat. employed on October 28, 1985, shall be procedures, the Commission or Deputy 1242, as amended (42 U.S.C. 5841). submitted within 60 days of notification Executive Director for Management Section 11.15(e) also issued under sec. 501, of Commission approval of the amended Services has made a determination 85 Stat. 290 (31 U.S.C. 483a). security plan. denying or revoking an access 22. Section 11.3(a) is revised to read (2) Licensees who wish to secure authorization and/or an employment as follows: NRC–U or NRC–R special nuclear clearance to an individual, the material access authorizations for individual’s eligibility for an access § 11.3 Scope. individuals in possession of an active authorization and/or an employment (a) The requirements, criteria, and NRC Q or L access authorization or clearance may be reconsidered when procedures of this part apply to the other security clearance granted by there is a bona fide offer of employment establishment of and eligibility for another Federal agency based on an and/or a bona fide need for access to special nuclear material access equivalent investigation shall submit a Restricted Data or National Security authorization for employees, ‘‘Security Acknowledgment’’ (NRC Information and either material and contractors, consultants of, and Form 176) and a ‘‘Request for Access relevant new evidence is presented, applicants for employment with Authorization’’ (NRC Form 237). NRC which the individual and his or her licensees or contractors of the Nuclear will process these requests by verifying representatives are without fault in Regulatory Commission. This the data on an NRC-cleared individual, failing to present before, or there is employment, contract, service, or or by contacting the Federal agency that convincing evidence of reformation or consultation may involve any duties or granted the clearance, requesting rehabilitation. Requests for assignments within the criteria of certification of the security clearance, reconsideration must be submitted in § 11.11 or § 11.13 requiring access to, or and determining the investigative basis writing to the Deputy Executive Director control over, formula quantities of and level of the clearance. Licensees for Management Services through the special nuclear material (as defined in may directly request the Federal agency Director, Office of Administration. part 73 of this chapter). that administered the security clearance, Requests must be accompanied by an * * * * * if other than NRC, to certify to the NRC

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(4) Notwithstanding the provisions of material access authorization for (2) An exception to the time for paragraph (c)(2) of this section, the individuals, other than those qualifying submission of NRC–U special nuclear under the provisions of § 11.15(a)(2), material access authorization renewal period of time for the initial and each must be made on forms supplied by the applications and the paperwork subsequent NRC–U renewal application Commission, including: required is provided for individuals to NRC may not exceed seven years. (1) Questionnaire for National who have a current and active DOE–Q (5) Notwithstanding the provisions of Security Positions (SF–86, Parts 1 and access authorization and are subject to paragraph (c)(3) of this section, the 2); DOE Reinvestigation Program period of time for the initial and each (2) Two completed standard requirements. For these individuals, the subsequent NRC–R renewal application fingerprint cards (FD–258); submission to DOE of the SF–86 to NRC may not exceed twelve years. (3) Security Acknowledgment (NRC pursuant to DOE Reinvestigation Any individual who is subject to the Form 176); Program requirements (generally every (4) Other related forms where DOE Reinvestigation Program five years) will satisfy the NRC renewal specified in accompanying instruction requirements but, for administrative or submission and paperwork (NRC–254); and other reasons, does not submit (5) A statement by the employer, requirements even if less than five years reinvestigation forms to DOE within prospective employer, or contractor has passed since the date of issuance or seven years of the previous submission, identifying the job to be assigned to or renewal of the NRC–U access for a NRC–U renewal or twelve years of authorization. Any NRC–U special assumed by the individual and the level the previous submission for a NRC–R nuclear material access authorization of authorization needed, justified by renewal, shall submit a renewal renewed in response to provisions of appropriate reference to the licensee’s application to NRC using the forms security plan. this paragraph will not be due for renewal until the date set by DOE for prescribed in paragraph (c)(1) of this (c)(1) Except as provided in paragraph section before the expiration of the (c)(2) of this section, NRC–U special the next reinvestigation of the individual pursuant to DOE’s seven year period for NRC–U or twelve nuclear material access authorizations year period for NRC–R renewal. must be renewed every five years from Reinvestigation Program. the date of issuance. Except as provided (3) An exception to the time for (d) If at any time, due to new in paragraph (c)(3) of this section, NRC– submission of NRC–R special nuclear assignment or assumption of duties, a R special nuclear material access material access authorization renewal change in a special nuclear material authorizations must be renewed every applications and the paperwork access authorization level from NRC ten years from the date of issuance. An required is provided for individuals ‘‘R’’ to ‘‘U’’ is required, the individual application for renewal must be who have a current and active DOE–L shall apply for a change of level of submitted at least 120 days before the or DOE–Q access authorization and are special nuclear material access expiration of the five-year period for subject to DOE Reinvestigation Program authorization. The application must NRC–U and ten-year period for NRC–R, requirements. For these individuals, the include a description of the new duties respectively, and must include: submission to DOE of the SF–86 to be assigned or assumed, justified by (i) A statement by the licensee that at pursuant to DOE Reinvestigation appropriate reference to the licensee’s Program requirements will satisfy the the time of application for renewal the security plan. individual’s assigned or assumed job NRC renewal submission and requires an NRC–U or an NRC–R special paperwork requirements even if less (e)(1) Each application for a special nuclear material access authorization, than ten years have passed since the nuclear material access authorization, justified by appropriate reference to the date of issuance or renewal of the NRC– renewal, or change in level must be licensee’s security plan; R access authorization. Any NRC–R accompanied by the licensee’s (ii) The Questionnaire for National special nuclear material access remittance, payable to the U.S. Nuclear Security Positions (SF–86, Parts 1 and authorization renewed pursuant to this Regulatory Commission, according to 2); paragraph will not be due for renewal the following schedule: i. NRC–R ...... 1$130 ii. NRC–R (expedited processing) ...... 1203 iii. NRC–R based on certification of comparable investigation ...... 20 iv. NRC–R renewal ...... 1130 v. NRC–U requiring single scope investigation...... 2856 vi. NRC–U requiring single scope investigation (expedited processing) ...... 3295 vii. NRC–U based on certification of comparable investigation ...... 20 viii. NRC–U renewal ...... 21705 1 If the NRC determines, based on its review of available data, that a National Agency Check with law and credit investigation is nec- essary, a fee of $130 will be assessed prior to the conduct of the investigation; however, if a single scope investigation is deemed necessary by the NRC, based on its review of available data, a fee of $2,856 will be assessed prior to the conduct of the investigation. 2 If the NRC determines, based on its review of available data, that a single scope investigation is necessary, a fee of $2,856 will be as- sessed prior to the conduct of the investigation. (2) Material access authorization fees investigation rate it charges NRC for authorization request received upon or will be published each time the Office conducting the investigation. Any after the date of publication. of Personnel Management notifies NRC changed access authorization fees will Applications from individuals having of a change in the background be applicable to each access current Federal access authorizations

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(f)(1) Any Federal employee, 201, 88 Stat. 1242, as amended (42 U.S.C. * * * * * employee of a contractor of a Federal 5841); E.O. 10865, as amended, 3 CFR 1959– agency, licensee, or other person (c) When the reports of an 1963 Comp., p. 398 (50 U.S.C. 401, note); investigation of an individual contain E.O. 12829, 3 CFR, 1993 Comp. p. 570; E.O. visiting an affected facility for the 12958, 3 CFR, 1995 Comp., p .333; E.O. purpose of conducting official business, information reasonably falling within 12968, 3 CFR, 1995 Comp., p .396. Appendix who possesses an active NRC or DOE– one or more of the classes of derogatory A also issued under 96 Stat. 1051 (31 U.S.C. Q access authorization or an equivalent information listed in § 10.11, it creates 9701). Federal security clearance granted by a question as to the individual’s 28. In § 25.5 the definitions of ‘‘L’’ another Federal agency (‘‘Top Secret’’) eligibility for special nuclear material access authorization, National Security based on a comparable single scope access authorization. In these cases, the Information, and ‘‘Q’’ access background investigation may be application of the criteria must be made authorization are revised to read as permitted, in accordance with § 11.11, in light of and with specific regard to follows: the same level of unescorted access that whether the existence of the information an NRC–U special nuclear material supports a reasonable belief that the § 25.5 Definitions. access authorization would afford. granting of a special nuclear material * * * * * (2) Any Federal employee, employee access authorization would be inimical ‘‘L’’ access authorization means an of a contractor of a Federal agency, to the common defense and security. access authorization granted by the licensee, or other person visiting an The Director, Division of Facilities and Commission that is normally based on affected facility for the purpose of Security, may authorize the granting of a national agency check with a law and conducting official business, who credit investigation (NACLC) or an a special nuclear material access possesses an active NRC or DOE–L access national agency check and authorization on the basis of the access authorization or an equivalent inquiries investigation (ANACI) security clearance granted by another information in the case or may authorize conducted by the Office of Personnel Federal agency (‘‘Secret’’) based on a the conduct of an interview with the Management. individual and, on the basis of the comparable or greater background * * * * * investigation consisting of a national interview and other investigation as the National Security Information means agency check with law and credit may Director deems appropriate, may information that has been determined be permitted, in accordance with authorize the granting of a special pursuant to Executive Order 12958 or § 11.11, the same level of unescorted nuclear material access authorization. any predecessor order to require access that an NRC–R special nuclear Otherwise, a question concerning the protection against unauthorized material access authorization would eligibility of an individual for a special disclosure and that is so designated. afford. An NRC or DOE–L access nuclear material access authorization * * * * * authorization or an equivalent security must be resolved in accordance with the ‘‘Q’’ access authorization means an clearance (‘‘Secret’’), based on a procedures set forth in §§ 10.20 through access authorization granted by the background investigation or national 10.38 of this chapter. Commission normally based on a single agency check with credit granted or (d) In resolving a question concerning scope background investigation being processed by another Federal the eligibility or continued eligibility of conducted by the Office of Personnel agency before January 1, 1998, is an individual for a special nuclear Management, the Federal Bureau of acceptable to meet this requirement. material access authorization by action Investigation, or other U.S. Government 25. Section 11.16 is revised to read as of the Hearing Examiner or a Personnel agency which conducts personnel follows: Security Review Panel, 3 the following security investigations. § 11.16 Cancellation of request for special principle shall be applied by the * * * * * nuclear material access authorization. Examiner and the Personnel Security 29. Section 25.9 is revised to read as When a request for an individual’s Review Panel: Where there are sufficient follows: access authorization is withdrawn or grounds to establish a reasonable belief § 25.9 Communications. canceled, the licensee shall notify the as to the truth of the information Except where otherwise specified, all Chief, Personnel Security Branch, NRC regarded as substantially derogatory and communications and reports concerning Division of Facilities and Security when the existence of this information the regulations in this part should be immediately, by telephone, so that the supports a reasonable belief that addressed to the Director, Division of investigation may be discontinued. The granting access would be inimical to the Facilities and Security, U.S. Nuclear caller shall provide the full name and common defense and security, this will Regulatory Commission, Washington, date of birth of the individual, the date be the basis for a recommendation for DC 20555. of request, and the type of access denying or revoking special nuclear 30. Section 25.11 is revised to read as authorization originally requested (‘‘U’’ material access authorization if not follows: or ‘‘R’’). The licensee shall promptly satisfactorily rebutted by the individual submit written confirmation of the or shown to be mitigated by § 25.11 Specific exemptions. telephone notification to the Personnel circumstance. The NRC may, upon application by Security Branch, NRC Division of any interested person or upon its own Facilities and Security. A portion of the 3 The functions of the Hearing Examiner and the initiative, grant exemptions from the fee for the ‘‘U’’ special nuclear material Personnel Security Review Panel are described in requirements of the regulations of this access authorization may be refunded part 10 of this chapter. part, that are—

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(a) Authorized by law, will not § 25.21 Determination of initial and the NRC using the forms prescribed in present an undue risk to the public continued eligibility for access § 25.17(d) before the expiration of the health and safety, and are consistent authorization. seven-year period for a ‘‘Q’’ renewal or with the common defense and security; * * * * * twelve-year period for an ‘‘L’’ renewal. or (c)(1) Except as provided in paragraph (3) If the NRC is not the CSA, (c)(2) of this section, an NRC ‘‘Q’’ access (b) Coincidental with one or more of reinvestigation program procedures and authorization must be renewed every the following: requirements will be set by the CSA. five years from the date of issuance. 33. In § 25.23, paragraph (a) is revised (1) An application of the regulation in Except as provided in paragraph (c)(2) to read as follows: the particular circumstances conflicts of this section, an NRC ‘‘L’’ access with other NRC rules or requirements; authorization must be renewed every § 25.23 Notification of grant of access (2) An application of the regulation in ten years from the date of issuance. An authorization. the particular circumstances would not application for renewal must be * * * * * serve the underlying purpose of the rule submitted at least 120 days before the (a) In those cases when the or is not necessary to achieve the expiration of the five-year period for a determination was made as a result of underlying purpose of the rule; ‘‘Q’’ access authorization and the ten- a Personnel Security Hearing or by a Personnel Security Review Panel ; or (3) When compliance would result in year period for an ‘‘L’’ access undue hardship or other costs that authorization, and must include: * * * * * significantly exceed those contemplated (i) A statement by the licensee or 34. Section 25.25 is revised to read as when the regulation was adopted, or other person that the individual follows: that significantly exceed those incurred continues to require access to classified National Security Information or § 25.25 Cancellation of requests for by others similarly situated; access authorization. Restricted Data; and (4) When the exemption would result (ii) A personnel security packet as When a request for an individual’s in benefit to the common defense and described in § 25.17(d). access authorization or renewal of an security that compensates for any (2) Renewal applications and the access authorization is withdrawn or decrease in the security that may result required paperwork are not required for canceled, the requestor shall notify the from the grant of the exemption; individuals who have a current and CSA immediately by telephone so that (5) When the exemption would active access authorization from another the single scope background provide only temporary relief from the Federal agency and who are subject to investigation, national agency check applicable regulation and the licensee or a reinvestigation program by that agency with law and credit investigation, or applicant has made good faith efforts to that is determined by the NRC to meet other personnel security action may be comply with the regulation; the NRC’s requirements. (The DOE discontinued. The requestor shall identify the full name and date of birth (6) When there is any other material Reinvestigation Program has been of the individual, the date of request, circumstance present that was not determined to meet the NRC’s and the type of access authorization or considered when the regulation was requirements.) For these individuals, access authorization renewal requested. adopted that would be in the public the submission of the SF–86 by the The requestor shall confirm each interest to grant an exemption. If this licensee or other person to the other telephone notification promptly in condition is relied on exclusively for Government agency pursuant to their reinvestigation requirements will satisfy writing. satisfying paragraph (b) of this section, the NRC’s renewal submission and 35. In § 25.27, paragraph (b) is revised the exemption may not be granted until paperwork requirements, even if less to read as follows: the Executive Director for Operations than five years have passed since the has consulted with the Commission. § 25.27 Reopening of cases in which date of issuance or renewal of the NRC 31. Section 25.19 is revised to read as requests for access authorizations are ‘‘Q’’ access authorization, or if less than canceled. follows: 10 years have passed since the date of * * * * * § 25.19 Processing applications. issuance or renewal of the NRC ‘‘L’’ (b) Additionally, if 90 days or more access authorization. Any NRC access have elapsed since the date of the last Each application for an access authorization continued in response to authorization or access authorization Questionnaire for National Security the provisions of this paragraph will, Positions (SF–86), or CSA equivalent, renewal must be submitted to the CSA. thereafter, not be due for renewal until If the NRC is the CSA, the application the individual must complete a the date set by the other Government personnel security packet (see and its accompanying fee must be agency for the next reinvestigation of submitted to the NRC Division of § 25.17(d)). The CSA, based on the individual pursuant to the other investigative or other needs, may Facilities and Security. If necessary, the agency’s reinvestigation program. NRC Division of Facilities and Security require a complete personnel security However, the period of time for the packet in other cases as well. A fee, may obtain approval from the initial and each subsequent NRC ‘‘Q’’ appropriate Commission office equal to the amount paid for an initial renewal application to the NRC may not request, will be charged only if a new exercising licensing or regulatory exceed seven years or, in the case of an authority before processing the access or updating investigation by the NRC is NRC ‘‘L’’ renewal application, twelve required. authorization or access authorization years. Any individual who is subject to renewal request. If the applicant is 36. In § 25.31, paragraphs (a), (b), and the reinvestigation program (c) are revised to read as follows: disapproved for processing, the NRC requirements of another Federal agency Division of Facilities and Security shall but, for administrative or other reasons, § 25.31 Extensions and transfers of access notify the submitter in writing and does not submit reinvestigation forms to authorizations. return the original application (security that agency within seven years for a ‘‘Q’’ (a) The NRC Division of Facilities and packet) and its accompanying fee. renewal or twelve years for an ‘‘L’’ Security may, on request, extend the 32. In § 25.21, paragraph (c) is revised renewal of the previous submission, authorization of an individual who to read as follows: shall submit a renewal application to possesses an access authorization in

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APPENDIX A TO PART 25ÐFEES FOR NRC ACCESS AUTHORIZATION

Category Fee

Initial ``L'' access authorization ...... 1 $130 Initial ``L'' access authorization (expedited processing) ...... 1 203 Reinstatement of ``L'' access authorization ...... 2 130 Extension or Transfer of ``L'' access authorization ...... 2 130 Renewal of ``L'' access authorization ...... 1 130 Initial ``Q'' access authorization ...... 2856 Initial ``Q'' access authorization (expedited processing) ...... 3295 Reinstatement of ``Q'' access authorization ...... 2 2856 Reinstatement of ``Q'' access authorization (expedited processing) ...... 2 3295 Extension or Transfer of ``Q'' ...... 2 2856 Extension or Transfer of ``Q'' (expedited processing) ...... 2 3295 Renewal of ``Q'' access authorization ...... 2 1705 1 If the NRC determines, based on its review of available data, that a single scope investigation is necessary, a fee of $2856 will be assessed before the conduct of the investigation. 2 Full fee will only be charged if an investigation is required.

41. The heading of Part 95 is revised p. 333; E.O. 12968, 3 CFR 1995 Comp., p. NRC ‘‘Q’’ access authorization means to read as follows: 391. an access authorization granted by the 43. In § 95.5 the definitions of NRC Commission normally based on a single PART 95ÐFACILITY SECURITY ‘‘L’’ access authorization, NRC ‘‘Q’’ scope background investigation CLEARANCE AND SAFEGUARDING access authorization, and Security conducted by the Office of Personnel OF NATIONAL SECURITY container are revised to read as follows: Management, the Federal Bureau of INFORMATION AND RESTRICTED Investigation, or other U.S. Government DATA § 95.5 Definitions. agency that conducts personnel security * * * * * investigations. 42. The authority citation for part 95 NRC ‘‘L’’ access authorization means * * * * * continues to read as follows: an access authorization granted by the Commission normally based on a Security container includes any of the Authority: Secs. 145, 161, 193, 68 Stat. following repositories: 942, 948, as amended (42 U.S.C. 2165, 2201); national agency check with law and sec. 201, 88 Stat. 1242, as amended (42 credit investigation (NACLC) or an (1) A security filing cabinet—one that U.S.C. 5841); E.O. 10865, as amended, 3 CFR access national agency check and bears a Test Certification Label on the 1959–1963 Comp., p. 398 (50 U.S.C. 401, inquiries investigation (ANACI)) side of the locking drawer, inside wall note); E.O. 12829, 3 CFR 1993 Comp., p. 570; conducted by the Office of Personnel adjacent to the locking drawer, or E.O. 12958, as amended, 3 CFR 1995 Comp., Management. interior door plate, or is marked,

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‘‘General Services Administration § 95.11 Specific exemptions. require use, storage, or possession of Approved Security Container’’ on the The NRC may, upon application by classified information outside of NRC exterior of the top drawer or door. any interested person or upon its own facilities. However, it is not necessary (2) A safe—burglar-resistive cabinet or initiative, grant exemptions from the for a licensee, certificate holder, or other chest which bears a label of the requirements of the regulations of this person to request an NRC facility Underwriters’ Laboratories, Inc. part, that are— clearance for access to another agency’s certifying the unit to be a TL–15, TL– (a) Authorized by law, will not classified information at that agency’s 30, or TRTL–30, and has a body present an undue risk to the public facilities or to store that agency’s fabricated of not less than 1 inch of steel health and safety, and are consistent classified information at their facility, and a door fabricated of not less than with the common defense and security; provided no NRC classified information 11⁄2 inches of steel exclusive of the or is involved and they meet the security combination lock and bolt work; or (b) Coincidental with one or more of requirements of the other agency. If NRC bears a Test Certification Label on the the following: classified information is involved, the inside of the door, or is marked (1) An application of the regulation in requirements of § 95.17 apply. ‘‘General Services Administration the particular circumstances conflicts * * * * * Approved Security Container’’ and has with other rules or requirements of the 48. In § 95.17, the introductory text of a body of steel at least 1⁄2′′ thick, and a NRC; paragraph (a) and paragraph (a)(1) are combination locked steel door at least (2) An application of the regulation in revised to read as follows: 1′′ thick, exclusive of bolt work and the particular circumstances would not § 95.17 Processing facility clearance. locking devices; and an automatic unit serve the underlying purpose of the rule locking mechanism. or is not necessary to achieve the (a) Following the receipt of an acceptable request for facility clearance, (3) A vault—a windowless enclosure underlying purpose of the rule; the NRC will either accept an existing constructed with walls, floor, roof, and (3) When compliance would result in facility clearance granted by a current door(s) that will delay penetration undue hardship or other costs that are CSA and authorize possession of license sufficient to enable the arrival of significantly in excess of those or certificate related classified emergency response forces capable of contemplated when the regulation was information, or process the facility for a preventing theft, diversion, damage, or adopted, or that are significantly in facility clearance. Processing will compromise of classified information or excess of those incurred by others similarly situated; include— matter, when delay time is assessed in (1) A determination based on review conjunction with detection and (4) When the exemption would result in benefit to the common defense and and approval of a Standard Practice communication subsystems of the Procedures Plan that granting of the physical protection system. security that compensates for any decrease in security that may result Facility Clearance would not be (4) A vault-type room—a room that from the grant of the exemption; inconsistent with the national interest, has a combination lock door and is (5) When the exemption would including a finding that the facility is protected by an intrusion alarm system provide only temporary relief from the not under foreign ownership, control, or that alarms upon the unauthorized applicable regulation and the licensee or influence to such a degree that a penetration of a person anywhere into applicant has made good faith efforts to determination could not be made. An the room. comply with the regulation; NRC finding of foreign ownership, (5) Other repositories that would (6) When there is any other material control, or influence is based on factors provide comparable physical protection circumstance not considered when the concerning the foreign intelligence in the judgment of the Division of regulation was adopted for which it threat, risk of unauthorized technology Facilities and Security. would be in the public interest to grant transfer, type and sensitivity of the * * * * * an exemption. If such a condition is information that requires protection, the 44. In § 95.8, paragraph (b) is revised relied on exclusively for satisfying extent of foreign influence, record of to read as follows: paragraph (b) of this section, the compliance with pertinent laws, and the exemption may not be granted until the nature of international security and § 95.8 Information collection information exchange agreements. The requirements: OMB approval. Executive Director for Operations has consulted with the Commission. licensee, certificate holder, or other * * * * * 47. In § 95.15, paragraph (a) is revised person must advise the NRC within 30 (b) The approved information to read as follows: days of any significant events or collection requirements contained in changes that may affect its status this part appear in §§ 95.11, 95.15, § 95.15 Approval for processing licensees concerning foreign ownership, control, and others for facility clearance. 95.17, 95.18, 95.21, 95.25, 95.33, 95.34, or influence (e.g., changes in ownership; 95.36, 95.37, 95.39, 95.41, 95.43, 95.45, (a) A licensee, certificate holder, or changes that affect the company’s 95.47, 95.53, and 95.57. other person who has a need to use, answers to original FOCI questions; 45. Section 95.9 is revised to read as process, store, reproduce, transmit, indebtedness; and changes in the follows: transport, or handle NRC classified required form that identifies owners, information at any location in § 95.9 Communications. officers, directors, and executive connection with Commission-related personnel). Except where otherwise specified, all activities shall promptly request an NRC * * * * * communications and reports concerning facility clearance. This specifically 49. Section 95.19 is revised to read as the regulations in this part should be includes situations where a licensee, follows: addressed to the Director, Division of certificate holder, or other person needs Facilities and Security, Nuclear a contractor or consultant to have access § 95.19 Changes to security practices and Regulatory Commission, Washington, to NRC classified information. Also procedures. DC 20555. included are others who require access (a) Except as specified in paragraph 46. Section 95.11 is revised to read as to classified information in connection (b) of this section, each licensee, follows: with NRC regulated activities but do not certificate holder, or other person shall

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Facilities and Security, Office of acceptance of another agency’s facility * * * * * Administration, NRC, Washington, DC clearance, denial, or termination of (f) Combinations will be changed only 20555–0001 (if NRC is not the CSA), facility clearance. This information by persons authorized access to Secret and the NRC Regional Administrator of must also be furnished to or Confidential National Security the cognizant Regional Office listed in representatives of the NRC, NRC Information and/or Restricted Data appendix A of part 73 of this chapter. licensees, NRC certificate holders, NRC depending upon the matter authorized These substantive changes to the contractors, or other Federal agencies to be stored in the security container. Standard Practice Procedures Plan that having a need to transmit classified (g) Posted information. Containers affect the security of the facility must be information to the licensee or other may not bear external markings submitted to the NRC Division of person. indicating the level of classified matter Facilities and Security, or CSA, at least 51. Section 95.21 is revised to read as authorized for storage. A record of the 30 days prior to the change so that they follows: names of persons having knowledge of may be evaluated. The CSA shall the combination must be posted inside promptly respond in writing to all such § 95.21 Withdrawal of requests for facility the container. proposals. Some examples of security clearance. (h) End of day security checks. substantive changes requiring prior CSA When a request for facility clearance (1) Facilities that store classified approval include— is to be withdrawn or canceled, the matter shall establish a system of (1) A change in the approved facility’s requester shall notify the NRC Division security checks at the close of each classified mail address; or of Facilities and Security in the most working day to ensure that all classified (2) A temporary or permanent change expeditious manner so that processing matter and security repositories have in the location of the approved facility for this approval may be terminated. been appropriately secured. (e.g., moving or relocating NRC’s The notification must identify the full (2) Facilities operating with multiple classified interest from one room or name of the individual requesting work shifts shall perform the security building to another). Approved changes discontinuance, his or her position with checks at the end of the last working will be reflected in a revised Standard the facility, and the full identification of shift in which classified matter had Practice Procedures Plan submission the facility. The requestor shall confirm been removed from storage for use. The within 30 days of approval. Page the telephone notification promptly in checks are not required during changes rather than a complete rewrite writing. continuous 24-hour operations. of the plan may be submitted. 52. In § 95.25, the heading, the (i) Unattended security container introductory text of paragraph (a), found opened. If an unattended security (b) A licensee or other person may paragraphs (a)(2), (b), (c)(2), (f), (g), (h), container housing classified matter is effect a minor, non-substantive change (i), (j)(1), (j)(6), and (j)(7) are revised to found unlocked, the custodian or an to an approved Standard Practice read as follows: alternate must be notified immediately. Procedures Plan for the safeguarding of Also, the container must be secured by classified information without receiving § 95.25 Protection of National Security protective personnel. An effort must be prior CSA approval. These minor Information and Restricted Data in storage. made to determine if the contents were changes that do not affect the security (a) Secret matter, while unattended or compromised not later than the next of the facility may be submitted to the not in actual use, must be stored in— day. addressees noted in paragraph (a) of this * * * * * (j) * * * section within 30 days of the change. (1) A key and lock custodian shall be Page changes rather than a complete (2) Any steel file cabinet that has four appointed to ensure proper custody and rewrite of the plan may be submitted. sides and a top and bottom (all handling of keys and locks used for Some examples of minor, non- permanently attached by welding, protection of classified matter; substantive changes to the Standard rivets, or peened bolts so the contents Practice Procedures Plan include— cannot be removed without leaving * * * * * visible evidence of entry) and is secured (6) Keys and spare locks must be (1) The designation/appointment of a by a rigid metal lock bar and an protected equivalent to the level of new facility security officer; or approved key operated or combination classified matter involved; (2) A revision to a protective padlock. The keepers of the rigid metal (7) Locks must be changed or rotated personnel patrol routine, provided the lock bar must be secured to the cabinet at least every 12 months, and must be new routine continues to meet the by welding, rivets, or bolts, so they replaced after loss or compromise of minimum requirements of this part. cannot be removed and replaced their operable keys; and (c) A licensee, certificate holder, or without leaving evidence of the entry. * * * * * other person must update its NRC The drawers of the container must be 53. Section 95.27 is revised to read as facility clearance every five years either held securely so their contents cannot follows: by submitting a complete Standard be removed without forcing open the Practice Procedures Plan or a drawer. This type of cabinet will be § 95.27 Protection while in use. certification that the existing plan is accorded supplemental protection While in use, classified matter must fully current to the Division of Facilities during non-working hours. be under the direct control of an and Security. (b) Confidential matter while authorized individual to preclude 50. Section 95.20 is revised to read as unattended or not in use must be stored physical, audio, and visual access by follows: in the same manner as SECRET matter persons who do not have the prescribed

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A § 95.29 Establishment of restricted or licensee or other person subject to this closed areas. agreements. (a) Based upon written disclosure part shall also retain Division of (a) If, because of its nature, sensitivity authorization from the NRC Division of Facilities and Security disclosure or importance, classified matter cannot Facilities and Security that an authorizations for 5 years beyond the otherwise be effectively controlled in individual is an authorized date of any visit or inspection when accordance with the provisions of representative of the International access to classified information was §§ 95.25 and 95.27, a Restricted or Atomic Energy Agency (IAEA) or other permitted. Closed area must be established to international organization and that the * * * * * protect this matter. individual is authorized to make visits 58. In § 95.37, paragraph (c)(1)(iv) is * * * * * or inspections in accordance with an removed and paragraphs (c)(1)(i) and (c) * * * established agreement with the United (h)(2) are revised to read as follows: (2) Access must be limited to States Government, a licensee, authorized persons who have an certificate holder, or other person § 95.37 Classification and preparation of appropriate security clearance and a subject to this part shall permit the documents. need-to-know for the classified matter individual (upon presentation of the * * * * * within the area. Persons without the credentials specified in § 75.7 of this (c) * * * appropriate level of clearance and/or chapter and any other credentials (1) * * * need-to-know must be escorted at all identified in the disclosure (i) Derivative classifications of times by an authorized person where authorization) to have access to matter classified National Security Information inadvertent or unauthorized exposure to classified as National Security must contain the identity of the source classified information cannot otherwise Information that is relevant to the document or the classification guide, be effectively prevented. conduct of a visit or inspection. A including the agency and office of * * * * * disclosure authorization under this origin, on the ‘‘Derived From’’ line and (4) Open shelf or bin storage of section does not authorize a licensee, its classification date. If more than one classified matter in Closed Areas certificate holder, or other person source is cited, the ‘‘Derived From’’ line requires CSA approval. Only areas subject to this part to provide access to should indicate ‘‘Multiple Sources.’’ protected by an approved intrusion Restricted Data. The derivative classifier shall maintain detection system will qualify for * * * * * the identification of each source with approval. (c) In accordance with the specific the file or record copy of the 55. In § 95.33, paragraph (f) is revised disclosure authorization provided by derivatively classified document. to read as follows: the Division of Facilities and Security, * * * * * licensees or other persons subject to this (h) * * * § 95.33 Security education. part are authorized to release (i.e., * * * * * transfer possession of) copies of (2) In the event of a question (f) Refresher Briefings. The licensee or documents that contain classified regarding classification review, the other facility shall conduct refresher National Security Information directly holder of the information or the briefings for all cleared employees every to IAEA inspectors and other authorized classifier shall consult the 3 years. As a minimum, the refresher representatives officially designated to NRC Division of Facilities and Security, briefing must reinforce the information request and receive classified National Information Security Branch, for provided during the initial briefing and Security Information documents. These assistance. inform employees of appropriate documents must be marked specifically * * * * * changes in security regulations. This for release to IAEA or other 59. In § 95.39, paragraphs (b)(3) and requirement may be satisfied by use of international organizations in (c)(2) are revised to read as follows: audio/video materials and/or by issuing accordance with instructions contained written materials. § 95.39 External transmission of classified in the NRC’s disclosure authorization matter. * * * * * letter. Licensees and other persons 56. A new § 95.34 is added to read as subject to this part may also forward * * * * * follows: these documents through the NRC to the (b) * * * international organization’s (3) The outer envelope or wrapper § 95.34 Control of visitors. headquarters in accordance with the must contain the addressee’s classified (a) Uncleared visitors. Licensees, NRC disclosure authorization. Licensees mailing address. The outer envelope or certificate holders, or others subject to and other persons may not reproduce wrapper may not contain any this part shall take measures to preclude documents containing classified classification, additional marking or access to classified information by National Security Information except as other notation that indicate that the uncleared visitors. provided in § 95.43. enclosed document contains classified (b) Foreign visitors. Licensees, (d) Records regarding these visits and information. The Classified Mailing certificate holders, or others subject to inspections must be maintained for 5 Address shall be uniquely designated this part shall take measures as may be years beyond the date of the visit or for the receipt of classified information. necessary to preclude access to inspection. These records must The classified shipping address for the classified information by foreign specifically identify each document receipt of material (e.g., equipment) visitors. The licensee, certificate holder, released to an authorized representative should be different from the classified

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Accounts transmission of Confidential documents 63. Section 95.57 is revised to read as AGENCY: Federal Deposit Insurance to Puerto Rico or any United States follows: Corporation (FDIC). territory or possession. ACTION: Final rule. * * * * * § 95.57 Reports. 60. In § 95.45, paragraph (a) is revised Each licensee or other person having SUMMARY: The FDIC is amending its to read as follows: a facility clearance shall report to the regulations governing the insurance § 95.45 Changes in classification. CSA and the Regional Administrator of coverage of joint ownership accounts and revocable trust (or payable-on- (a) Documents containing classified the appropriate NRC Regional Office listed in 10 CFR part 73, appendix A: death) accounts. The amendments are National Security Information must be almost identical to the amendments downgraded or declassified as (a) Any alleged or suspected violation proposed by the FDIC in July 1998; they authorized by the NRC classification of the Atomic Energy Act, Espionage supplement other revisions that became guides or as determined by the NRC. Act, or other Federal statutes related to effective in July. The purpose of the Requests for downgrading or classified information (e.g., deliberate amendments is to increase the public’s declassifying any NRC classified disclosure of classified information to understanding of the insurance rules information should be forwarded to the persons not authorized to receive it, through simplification. NRC Division of Facilities and Security, theft of classified information). The final rule makes three changes to Office of Administration, Washington, Incidents such as this must be reported the deposit insurance regulations. First, DC 20555–0001. Requests for within 1 hour of the event followed by it eliminates step one of the two-step downgrading or declassifying of written confirmation within 30 days of process for determining the insurance Restricted Data will be forwarded to the the incident; and coverage of joint accounts. Second, it NRC Division of Facilities and Security changes the insurance coverage of for coordination with the Department of (b) Any infractions, losses, compromises, or possible compromise ‘‘payable-on-death’’ accounts by adding Energy. parents and siblings to the list of of classified information or classified * * * * * ‘‘qualifying beneficiaries’’. Third, it documents not falling within paragraph 61. Section 95.47 is revised to read as makes certain technical amendments to (a) of this section. Incidents such as follows: the FDIC’s rules regarding the coverage these must be entered into a written log. of accounts held by agents or § 95.47 Destruction of matter containing A copy of the log must be provided to fiduciaries. classified information. the NRC on a monthly basis. Details of DATES: Effective April 1, 1999. Documents containing classified security infractions including corrective information may be destroyed by action taken must be available to the FOR FURTHER INFORMATION CONTACT: burning, pulping, or another method CSA upon request. Christopher L. Hencke, Counsel, (202) that ensures complete destruction of the 898–8839, or Joseph A. DiNuzzo, (c) In addition, NRC requires records information that they contain. The Counsel, (202) 898–7349, Legal for all classification actions (documents method of destruction must preclude Division, Federal Deposit Insurance classified, declassified, or downgraded) recognition or reconstruction of the Corporation, 550 17th Street, NW, classified information. Any doubts on to be submitted to the NRC Division of Washington, DC 20429. methods should be referred to the CSA. Facilities and Security. These may be SUPPLEMENTARY INFORMATION: submitted either on an ‘‘as completed’’ 62. Section 95.53 is revised to read as I. Simplifying the Insurance follows: basis or monthly. The information may be submitted either electronically by an Regulations § 95.53 Termination of facility clearance. on-line system (NRC prefers the use of Federal deposit insurance plays a (a) If the need to use, process, store, a dial-in automated system connected to critical role in assuring stability and reproduce, transmit, transport, or the Division of Facilities and Security) public confidence in the nation’s handle classified matter no longer or by paper copy using NRC Form 790. financial system. Deposit insurance exists, the facility clearance will be Dated at Rockville, MD, this 22nd day of cannot play this role, however, unless terminated. The facility may deliver all March, 1999. the rules governing the application of documents and matter containing the $100,000 insurance limit are classified information to the For the Nuclear Regulatory Commission. understood by depositors. Commission, or to a person authorized William D. Travers, Misunderstandings can lead to a loss of to receive them, or must destroy all Executive Director for Operations. depositors’ funds with a resulting loss of classified documents and matter. In [FR Doc. 99–7842 Filed 3–31–99; 8:45 am] public confidence. either case, the facility shall submit a BILLING CODE 7590±01±P Unfortunately, some of the FDIC’s certification of nonpossession of insurance rules have been widely classified information to the NRC misunderstood. See 63 FR 38521 (July Division of Facilities and Security 17, 1998). This confusion prompted the within 30 days of the termination of the FDIC to initiate a simplification effort. facility clearance. As a result of that effort, the FDIC issued

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.056 pfrm03 PsN: 01APR1 15654 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations a final rule, effective July 1, 1998, to them would have access to the money up to $500,000 if the account names five ‘‘clarify and simplify’’ the FDIC’s in the event of an emergency or sudden qualifying beneficiaries. deposit insurance regulations. See 63 FR illness. When the institution failed, step If one of the named beneficiaries of a 25750 (May 11, 1998). The final rule one of the two-step process required the POD account is not a qualifying made numerous technical and aggregation of the three joint accounts. beneficiary, the funds corresponding to substantive amendments to the The amount in excess of $100,000 was that beneficiary are treated for insurance insurance regulations, including the use uninsured. purposes as single ownership funds of of plainer language and examples. To In this example, all of the funds the owner (i.e., the account holder). In further simplify and clarify the deposit owned by the three joint owners could other words, they are aggregated with insurance rules, in July 1998, the FDIC have been insured if the funds had been any funds in any single ownership published a proposed rule to amend the held in individual accounts as opposed accounts of the owner and insured to a regulations dealing with joint accounts to joint accounts. Thus, the depositors limit of $100,000. See 12 CFR 330.10(b). and ‘‘payable-on-death’’ (or POD) did not suffer a loss because they placed On a number of occasions, depositors accounts. See 63 FR 38521 (July 17, too much money in a single depository have lost money upon the failure of an 1998). The proposed rule is described in institution that failed. Rather, they insured depository institution because detail below. suffered a loss simply because they they believed that POD accounts are misunderstood the FDIC’s regulations. insured on a simple ‘‘per beneficiary’’ or II. The Proposed Rule See also Sekula v. FDIC, 39 F.3d 448 (3d ‘‘per family member’’ basis. They did A. Joint Accounts Cir. 1994). not understand the difference between In order to simplify the coverage of qualifying beneficiaries and non- Under the FDIC’s insurance rules, joint accounts, the FDIC proposed to qualifying beneficiaries. Typically, in qualifying joint accounts are insured eliminate the first step of the two-step such cases, the named beneficiary has separately from any single ownership process. been a parent or sibling. In the absence accounts maintained by the co-owners of a qualifying beneficiary, the POD B. POD Accounts at the same insured depository account has been aggregated with the institution. See 12 CFR 330.9(a). A joint Under the current rules (i.e., the rules owner’s single ownership accounts. account is a ‘‘qualifying’’ joint account in effect prior to the effective date of In response to such cases, the FDIC if it satisfies certain requirements: (1) this final rule), qualifying revocable proposed adding siblings and parents to The co-owners must be natural persons; trust (or POD) accounts are insured the list of qualifying beneficiaries. The (2) each co-owner must personally sign separately from any other types of purpose of this proposal was to protect a deposit account signature card; and (3) accounts maintained by either the most depositors who misunderstand the the withdrawal rights of the co-owners owner or the beneficiaries at the same rules governing POD accounts without must be equal. See 12 CFR 330.9(c)(1). insured depository institution. See 12 abandoning the basic concept that The requirement involving signature CFR 330.10(a). insurance for such accounts is provided cards is inapplicable if the account at A POD account is a ‘‘qualifying’’ POD up to $100,000 on a ‘‘per qualifying issue is a certificate of deposit, a deposit account if it satisfies certain beneficiary’’ basis. obligation evidenced by a negotiable requirements: (1) The beneficiaries must instrument, or an account maintained be the spouse, children or grandchildren III. The Final Rule for the co-owners by an agent or of the owner; (2) the beneficiaries must The FDIC received forty-one custodian. See 12 CFR 330.9(c)(2). be specifically named in the deposit comments on the proposed rule. The Assuming these requirements are account records; (3) the title of the commenters can be divided into five satisfied, the current rules (i.e., the rules account must include a term such as ‘‘in categories: depository institutions (25); in effect prior to the effective date of trust for’’ or ‘‘payable-on-death to’’ (or banking trade associations (9); bank this final rule) provide that the $100,000 any acronym therefor); and (4) the holding companies (3); individuals (3); insurance limit shall be applied in a intention of the owner of the account (as and other (1) (a computer software two-step process. First, all joint evidenced by the account title or any company). Of these comments, the vast accounts owned by the same accompanying revocable trust majority supported the proposed combination of persons at the same agreement) must be that the funds shall amendments. Only two comments were insured depository institution are added belong to the named beneficiaries upon critical of the proposed amendments. together and insured to a limit of the owner’s death. If the account has The typical comment on the joint $100,000. Second, the interests of each been opened pursuant to a formal account revision praised the FDIC for person in all joint accounts, whether ‘‘living trust’’ agreement, the fourth proposing to eliminate the ‘‘most owned by the same or some other requirement means that the agreement confusing and misunderstood’’ part of combination of persons, are added must not place any conditions upon the the current insurance regulations. The together and insured to a limit of interests of the beneficiaries that might most pervasive comment on the POD $100,000. See 12 CFR 330.9(b). prevent the beneficiaries (or their estates account revision was that the The two-step process for insuring or heirs) from receiving the funds amendment to add parents and siblings joint accounts has been misunderstood following the death of the owner. Such as qualified beneficiaries has been ‘‘long by bank employees as well as conditions are known as ‘‘defeating overdue’’. depositors. This widespread confusion contingencies’’. Of the two critical comments, one has resulted in the loss by some Assuming these requirements are suggested that the FDIC lacks the depositors of significant sums of money. satisfied, the $100,000 insurance limit is authority to eliminate step one of the For example, at one failed depository not applied on a ‘‘per owner’’ basis. two-step process for insuring joint institution, three individuals held three Rather, the $100,000 insurance limit is accounts. In the commenter’s opinion, joint accounts (and no other types of applied on a ‘‘per beneficiary’’ basis to the elimination of step one would accounts). The interest of each all POD accounts owned by the same violate the statutory mandate that the individual was less than $100,000. The person at the same insured depository FDIC—in applying the $100,000 individuals chose to place all of their institution. For example, a POD account insurance limit—must ‘‘aggregate the funds in joint accounts so that each of owned by one person would be insured amounts of all deposits in the insured

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.059 pfrm03 PsN: 01APR1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations 15655 depository institution which are by the vast majority of commenters, a regulations. The term ‘‘recordkeeping maintained by a depositor in the same one-step process is simpler than a two- requirement’’ may suggest to some capacity and the same right for the step process. In the case of the POD depository institutions that they possess benefit of the depositor * * *.’’ 12 account amendment, the argument is an affirmative duty to collect U.S.C. 1821(a)(1)(C). Specifically, the stronger because the amendment will information regarding fiduciary commenter argued that an account held not eliminate the concept of ‘‘qualifying relationships. In fact, no such duty by a particular combination of co- beneficiaries’’. By adding parents and exists. For this reason, the FDIC has owners represents a single ‘‘right and siblings to the list of ‘‘qualifying decided to rephrase certain sections of capacity’’. In other words, under this beneficiaries’’, however, the amendment the regulations. argument, the combinations of co- will reduce the number of cases in The final rule removes owners—and not the individual which a depositor’s confusion results in ‘‘recordkeeping requirements’’ from the persons—are the ‘‘depositors’’ of joint a loss of funds. In other words, the section heading at 12 CFR 330.5 and the accounts. Therefore, such an account amendment may not eliminate paragraph headings at 12 CFR 330.5(b) cannot be insured for more than the confusion but will protect most and 12 CFR 330.5(b)(4). Also, the term statutory insurance limit of $100,000 (as depositors from the negative is removed from 12 CFR 330.14(a). prescribed by step one). consequences of such confusion. For The paragraph at 12 CFR 330.5(b)(1) The argument above is consistent this reason, the Board has decided to provides that no claim for insurance with the FDIC’s approach toward adopt the proposed amendment. Unlike coverage based on a fiduciary insuring joint accounts prior to 1967. It the proposed rule, the final rule defines relationship will be recognized unless is inconsistent, however, with the the terms ‘‘parents’’, ‘‘brothers’’ and the fiduciary relationship is disclosed in FDIC’s creation in 1967 of step two of ‘‘sisters’’. the account records. The final rule the two-step process. See 32 FR 10408 The subject of ‘‘living trust’’ accounts revises this paragraph so as to remove (July 14, 1967). Under step two, the should be mentioned. A ‘‘living trust’’ any suggestion that depository FDIC has treated the individual persons account is a POD account opened institutions are subject to reporting as the ‘‘depositors’’. Nothing in the pursuant to a formal ‘‘living trust’’ requirements with respect to accounts Federal Deposit Insurance Act precludes agreement. By expanding the list of held by agents or fiduciaries. this longstanding interpretation. ‘‘qualifying beneficiaries’’, the final rule Specifically, the final rule changes Through the elimination of step one, will not remove the complicated language resembling a command the regulations provide a simple methodology for determining the directed at depository institutions $100,000 insurance limit for the interest insurance coverage of such accounts. (‘‘[t]he ‘deposit account records’ * ** of each person (a depositor) in all joint This methodology requires a of an insured depository institution accounts (an ownership right and determination as to whether the interest must expressly disclose * * * the capacity). The FDIC believes that this of each beneficiary is subject to any existence of any fiduciary relationship’’) result will be consistent with the conditions or contingencies (referred to to a statement describing the statutory limit of $100,000 for ‘‘the by the FDIC as defeating contingencies) consequences of failing to disclose a amounts of all deposits in the insured that might prevent the beneficiary from fiduciary relationship (‘‘[t]he FDIC will depository institution which are receiving his/her share of funds recognize a claim for insurance coverage maintained by a depositor in the same following the death of the owner. Most based on a fiduciary relationship only if capacity and the same right * * *.’’ 12 ‘‘living trust’’ agreements include the relationship is expressly disclosed U.S.C. 1821(a)(1)(C). Moreover, as defeating contingencies. As a result, * * *’’). recognized by the vast majority of most ‘‘living trust’’ accounts are These amendments are technical. commenters, this result will be much classified by the FDIC for insurance Their sole purpose is clarification. For easier to understand than the two-step purposes as single ownership accounts. this reason, the Board finds ‘‘good process. Accordingly, the Board has In other words, the account is cause’’ for adopting these amendments decided to adopt the proposed aggregated with any single ownership without the rulemaking procedures elimination of step one. accounts of the owner at the same generally required by the As a result of this final rule, the depository institution and insured to a Administrative Procedure Act. See 5 maximum insurance coverage of a limit of only $100,000. See 12 CFR U.S.C. 553. Inasmuch as this particular joint account (or group of 330.10(f). amendment will have no effect upon the joint accounts owned by the same operation of the insurance regulations, combination of persons) will no longer IV. Technical Amendments these procedures are unnecessary. be $100,000. In the case of a joint Under the FDIC’s rules regarding the account of $200,000 owned by two insurance coverage of accounts held by V. Effective Date persons, for example, the maximum agents or fiduciaries, the funds in such The Administrative Procedure Act coverage will increase from $100,000 to accounts are insured to the same extent generally requires the publication of a $200,000 (or $100,000 for the interest of as if deposited in the names of the substantive rule at least thirty days each owner). The maximum coverage principals. See 12 CFR 330.7(a). In other before its effective date. One of the that any one person can obtain for his/ words, the insurance coverage ‘‘passes exceptions is for ‘‘good cause’’. 5 U.S.C. her interests in all qualifying joint through’’ the agent or custodian to the 553(d). In the case of this final rule, the accounts, however, will remain principal or actual owner. The account Board finds ‘‘good cause’’ to make the $100,000. will not be entitled to such ‘‘pass- amendments effective immediately The second critical comment argued through’’ coverage, however, unless the upon publication in the Federal that the proposed amendments would agency or fiduciary relationship is Register. ‘‘Good cause’’ exists because not accomplish the objective of disclosed in the deposit account the amendments will not prejudice any simplifying the regulations. In the case records. See 12 CFR 330.5(b). depositor or depository institution. On of the elimination of step one of the The necessity of disclosing fiduciary the contrary, the amendments will two-step process for insuring joint relationships in the account records has result in increased insurance coverage accounts (discussed above), this been referred to as a ‘‘recordkeeping for some depositors who may argument is unfounded. As recognized requirement’’ in the insurance misunderstand the current rules (for

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If any deposit PART 330ÐDEPOSIT INSURANCE thirty-day period following publication. obligation of an insured depository COVERAGE With certain exceptions, the Riegle institution is evidenced by a negotiable Community Development and 1. The authority citation for part 330 certificate of deposit, negotiable draft, Regulatory Improvement Act of 1994 continues to read as follows: negotiable cashier’s or officer’s check, (Public Law 103–325) provides that the negotiable certified check, negotiable federal banking agencies may not Authority: 12 U.S.C. 1813(l), 1813(m), 1817(i), 1818(q), 1819(Tenth), 1820(f), traveler’s check, letter of credit or other impose new regulatory reporting 1821(a), 1822(c). negotiable instrument, the FDIC will requirements on insured depository recognize the owner of such deposit institutions except on the first day of a 2. In § 330.3, paragraph (h) is revised to read as follows: obligation for all purposes of claim for calendar quarter after the date of insured deposits to the same extent as publication. See 12 U.S.C. 4802(b). This § 330.3 General principles. if his or her name and interest were rule is inapplicable because the final * * * * * disclosed on the records of the insured rule imposes no reporting, disclosure or (h) Application of state or local law to depository institution; provided, that other new requirements on insured deposit insurance determinations. In the instrument was in fact negotiated to depository institutions. general, deposit insurance is for the such owner prior to the date of default VI. Paperwork Reduction Act benefit of the owner or owners of funds of the insured depository institution. on deposit. However, while ownership The owner must provide affirmative The final rule will simplify the FDIC’s under state law of deposited funds is a proof of such negotiation, in a form deposit insurance regulations governing necessary condition for deposit satisfactory to the FDIC, to substantiate joint accounts and POD accounts. It will insurance, ownership under state law is his or her claim. Receipt of a negotiable not involve any collections of not sufficient for, or decisive in, instrument directly from the insured information under the Paperwork determining deposit insurance coverage. depository institution in default shall, Reduction Act (44 U.S.C. 3501 et seq.). Deposit insurance coverage is also a in no event, be considered a negotiation Consequently, no information has been function of the deposit account records of said instrument for purposes of this submitted to the Office of Management of the insured depository institution and provision. and Budget for review. of the provisions of this part, which, in * * * * * VII. Regulatory Flexibility Act the interest of uniform national rules for 4. In § 330.9, paragraph (b) is revised deposit insurance coverage, are to read as follows: The final rule will not have a controlling for purposes of determining significant impact on a substantial deposit insurance coverage. § 330.9 Joint ownership accounts. number of small businesses within the * * * * * * * * * * meaning of the Regulatory Flexibility 3. In § 330.5, the section heading and Act (5 U.S.C. 601 et seq.). The (b) Determination of insurance paragraphs (b)(1), (b)(4) heading, and coverage. The interests of each co-owner amendments to the deposit insurance (b)(4)(i) are revised to read as follows: rules will apply to all FDIC-insured in all qualifying joint accounts shall be depository institutions and will impose § 330.5 Recognition of deposit ownership added together and the total shall be no new reporting, recordkeeping or and fiduciary relationships. insured up to $100,000. (Example: ‘‘A&B’’ have a qualifying joint account other compliance requirements upon * * * * * those entities. Accordingly, the Act’s (b) Fiduciary relationships—(1) with a balance of $60,000; ‘‘A&C’’ have requirements relating to an initial and Recognition. The FDIC will recognize a a qualifying joint account with a balance final regulatory flexibility analysis are claim for insurance coverage based on a of $80,000; and ‘‘A&B&C’’ have a not applicable. fiduciary relationship only if the qualifying joint account with a balance relationship is expressly disclosed, by of $150,000. A’s combined ownership VIII. Small Business Regulatory way of specific references, in the interest in all qualifying joint accounts Enforcement Fairness Act ‘‘deposit account records’’ (as defined in would be $120,000 ($30,000 plus The Office of Management and Budget § 330.1(e)) of the insured depository $40,000 plus $50,000); therefore, A’s has determined that the final rule is not institution. Such relationships include, interest would be insured in the amount a ‘‘major rule’’ within the meaning of but are not limited to, relationships of $100,000 and uninsured in the the relevant sections of the Small involving a trustee, agent, nominee, amount of $20,000. B’s combined Business Regulatory Enforcement guardian, executor or custodian ownership interest in all qualifying joint Fairness Act of 1996 (SBREFA) (5 U.S.C. pursuant to which funds are deposited. accounts would be $80,000 ($30,000 801 et seq.). As required by SBREFA, The express indication that the account plus $50,000); therefore, B’s interest the FDIC will file the appropriate is held in a fiduciary capacity will not would be fully insured. C’s combined reports with Congress and the General be necessary, however, in instances ownership interest in all qualifying joint Accounting Office so that the final rule where the FDIC determines, in its sole accounts would be $90,000 ($40,000 may be reviewed. discretion, that the titling of the deposit plus $50,000); therefore, C’s interest account and the underlying deposit would be fully insured.) List of Subjects in 12 CFR Part 330 account records sufficiently indicate the * * * * * Bank deposit insurance, Banks, existence of a fiduciary relationship. 5. In § 330.10, paragraphs (a) and (e) banking, Reporting and recordkeeping This exception may apply, for example, are revised to read as follows:

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§ 330.10 Revocable trust accounts. participant, provided that the rules may be examined at the Federal (a) General rule. Funds owned by an prescribed in § 330.5 are satisfied. Aviation Administration (FAA), individual and deposited into an * * * * * Transport Airplane Directorate, Rules account with respect to which the By order of the Board of Directors. Docket, 1601 Lind Avenue, SW., owner evidences an intention that upon Dated at Washington, D.C., this 23rd day of Renton, Washington; or at the FAA, his or her death the funds shall belong March, 1999. Transport Airplane Directorate, Los to one or more qualifying beneficiaries Federal Deposit Insurance Corporation. Angeles Aircraft Certification Office, shall be insured in the amount of up to Robert E. Feldman, 3960 Paramount Boulevard, Lakewood, California; or at the Office of the Federal $100,000 in the aggregate as to each Executive Secretary. such named qualifying beneficiary, Register, 800 North Capitol Street, NW., [FR Doc. 99–7736 Filed 3–31–99; 8:45 am] suite 700, Washington, DC. separately from any other accounts of BILLING CODE 6714±01±P the owner or the beneficiaries. For FOR FURTHER INFORMATION CONTACT: purposes of this provision, the term Brent Bandley, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, ‘‘qualifying beneficiaries’’ means the DEPARTMENT OF TRANSPORTATION owner’s spouse, child/children, Transport Airplane Directorate, Los Angeles Aircraft Certification Office, grandchild/grandchildren, parent/ Federal Aviation Administration parents, brother/brothers or sister/ 3960 Paramount Boulevard, Lakewood, sisters. (Example: If A establishes a 14 CFR Part 39 California 90712–4137; telephone (562) qualifying account payable upon death 627–5237; fax (562) 627–5210. to his spouse, sibling and two children, [Docket No. 98±NM±166±AD; Amendment SUPPLEMENTARY INFORMATION: A 39±11099; AD 99±07±14] assuming compliance with the rules of proposal to amend part 39 of the Federal this provision, the account would be RIN 2120±AA64 Aviation Regulations (14 CFR part 39) to insured up to $400,000 separately from include an airworthiness directive (AD) any other different types of accounts Airworthiness Directives; McDonnell that is applicable to certain McDonnell either A or the beneficiaries may have Douglas Model DC±9±80 Series Douglas Model DC–9–80 series with the same depository institution.) Airplanes, and Model MD±88 Airplanes airplanes, and Model MD–88 airplanes Accounts covered by this provision are was published in the Federal Register AGENCY: Federal Aviation commonly referred to as tentative or on June 26, 1998 (63 FR 34832). That Administration, DOT. ‘‘Totten trust’’ accounts, ‘‘payable-on- action proposed to require a one-time death’’ accounts, or revocable trust ACTION: Final rule. inspection to detect corrosion of the lug accounts. bores and the surface of the hinge plates SUMMARY: This amendment adopts a of the vertical-to-horizontal stabilizer; * * * * * new airworthiness directive (AD), and corrective actions, if necessary. (e) Definition of ‘‘children’’, applicable to certain McDonnell ‘‘grandchildren’’, ‘‘parents’’, ‘‘brothers’’ Douglas Model DC–9–80 series Comments Received and ‘‘sisters’’. For the purpose of airplanes, and Model MD–88 airplanes, Interested persons have been afforded establishing the qualifying degree of that requires a one-time inspection to an opportunity to participate in the kinship identified in paragraph (a) of detect corrosion of the lug bores and the making of this amendment. Due this section, the term ‘‘children’’ surface of the hinge plates of the consideration has been given to the includes biological, adopted and step- vertical-to-horizontal stabilizer; and comments received. children of the owner. The term corrective actions, if necessary. This Support for the Proposed Rule ‘‘grandchildren’’ includes biological, amendment is prompted by reports of adopted and step-children of any of the corrosion of the lug bores and the Two commenters support the owner’s children. The term ‘‘parents’’ surface of the hinge plates of the proposed rule. includes biological, adoptive and step- vertical-to-horizontal stabilizer, Requests To Revise Initial Inspection parents of the owner. The term apparently due to the improper Method ‘‘brothers’’ includes full brothers, half brushing of cadmium on the hinge Several commenters request that the brothers, brothers through adoption and plates during manufacture. The actions FAA require, within 18 months, an step-brothers. The term ‘‘sisters’’ specified by this AD are intended to ‘‘external’’ visual inspection for includes full sisters, half sisters, sisters detect and correct corrosion of the lug evidence of corrosion of the hinge plates through adoption and step-sisters. bores and the surface of the hinge plates with fairings removed. If corrosion is * * * * * of the vertical-to-horizontal stabilizer, found during the ‘‘external’’ visual 6. In § 330.14, paragraph (a) is revised which could result in reduced structural inspection, the commenters suggest that, to read as follows: integrity of the airplane. prior to further flight, the one-time DATES: Effective May 6, 1999. visual inspection specified in paragraph § 330.14 Retirement and other employee The incorporation by reference of (a) of the proposed AD then be benefit plan accounts. certain publications listed in the accomplished. If no corrosion is found (a) ‘‘Pass-through’’ insurance. Except regulations is approved by the Director during the ‘‘external’’ visual inspection, as provided in paragraph (b) of this of the Federal Register as of May 6, the commenters suggest that operators section, any deposits of an employee 1999. repeat the ‘‘external’’ visual inspection benefit plan or of any eligible deferred ADDRESSES: The service information thereafter at intervals not to exceed 18 compensation plan described in section referenced in this AD may be obtained months, until the one-time visual 457 of the Internal Revenue Code of from Boeing Commercial Aircraft inspection is accomplished within 6 1986 (26 U.S.C. 457) in an insured Group, Long Beach Division, 3855 years. The commenters state that depository institution shall be insured Lakewood Boulevard, Long Beach, because removing the pivot pin and on a ‘‘pass-through’’ basis, in the California 90846, Attention: Technical horizontal stabilizer to conduct the amount of up to $100,000 for the non- Publications Business Administration, proposed one-time visual inspection is contingent interest of each plan Dept. C1–L51 (2–60). This information very time consuming, it will cause an

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Adoption of the Amendment Boeing supports its inspection Accordingly, pursuant to the procedures and is prepared to revise Conclusion authority delegated to me by the McDonnell Douglas Service Bulletin After careful review of the available Administrator, the Federal Aviation MD80–55–054, dated March 3, 1998 data, including the comments noted Administration amends part 39 of the (which was referenced in the proposed above, the FAA has determined that air Federal Aviation Regulations (14 CFR AD as the appropriate source of service part 39) as follows: information for accomplishment of the safety and the public interest require the proposed actions). adoption of the rule as proposed. PART 39ÐAIRWORTHINESS The FAA concurs partially. The FAA Cost Impact DIRECTIVES acknowledges that the procedures recommended by the commenters could There are approximately 1,059 1. The authority citation for part 39 be developed and implemented by the airplanes of the affected design in the continues to read as follows: manufacturer in a revised service worldwide fleet. The FAA estimates that Authority: 49 U.S.C. 106(g), 40113, 44701. bulletin. However, because a revised 706 airplanes of U.S. registry will be § 39.13 [Amended] service bulletin does not exist at this affected by this AD. It will take 2. Section 39.13 is amended by time, the FAA finds that no change to approximately 117 work hours per adding the following new airworthiness the final rule is warranted. When the airplane (which includes removal and directive: manufacturer does revise the existing installation) to accomplish the required 99–07–14 McDonnell Douglas: Amendment service bulletin, the FAA may approve inspection, at an average labor rate of 39–11099. Docket 98–NM–166–AD. that service bulletin as an alternative $60 per work hour. Based on these Applicability: Model DC–9–81 (MD–81), method of compliance (AMOC) to the figures, the cost impact of the AD on DC–9–82 (MD–82), DC–9–83 (MD–83), and requirements of this final rule. U.S. operators is estimated to be DC–9–87 (MD–87) series airplanes, and Request To Include a Provision for $4,956,120, or $7,020 per airplane. Model MD–88 airplanes; as listed in McDonnell Douglas Service Bulletin MD80– Certain Inspections Performed The cost impact figure discussed 55–054, dated March 3, 1998; certificated in Previously above is based on assumptions that no any category. One commenter requests that the FAA operator has yet accomplished any of Note 1: This AD applies to each airplane revise the proposed AD to include a the requirements of this AD action, and identified in the preceding applicability provision for inspections of Significant that no operator would accomplish provision, regardless of whether it has been Structural Items (SSI) 55.11.053, those actions in the future if this AD modified, altered, or repaired in the area 55.11.054, and 55.51.066 accomplished were not adopted. subject to the requirements of this AD. For airplanes that have been modified, altered, or previously within the last 18 months. Regulatory Impact repaired so that the performance of the The commenter states that the subject requirements of this AD is affected, the hinge plates are inspected when SSI’s The regulations adopted herein will owner/operator must request approval for an are inspected. The FAA does not not have substantial direct effects on the alternative method of compliance in concur. The FAA finds that the SSI States, on the relationship between the accordance with paragraph (c) of this AD. inspections proposed by the commenter national government and the States, or The request should include an assessment of the effect of the modification, alteration, or do not adequately address the identified on the distribution of power and unsafe condition of this AD, because repair on the unsafe condition addressed by responsibilities among the various this AD; and, if the unsafe condition has not they are much less rigorous than the levels of government. Therefore, in been eliminated, the request should include inspections required in this AD. accordance with Executive Order 12612, specific proposed actions to address it. However, under the provisions of it is determined that this final rule does Compliance: Required as indicated, unless paragraph (c) of the final rule, the FAA not have sufficient federalism accomplished previously. may approve requests for alternative implications to warrant the preparation To detect and correct corrosion of the lug methods of compliance if data are of a Federalism Assessment. bores and the surface of the hinge plates of submitted to substantiate that such an the vertical-to-horizontal stabilizer, which alternative would provide an acceptable For the reasons discussed above, I could result in reduced structural integrity of level of safety. certify that this action (1) is not a the airplane, accomplish the following: ‘‘significant regulatory action’’ under (a) Within 18 months after the effective Request To Delay Issuance of Final Executive Order 12866; (2) is not a date of this AD, perform a one-time visual Rule ‘‘significant rule’’ under DOT inspection to detect corrosion of the lug bores Regulatory Policies and Procedures (44 and the surface of the hinge plates of the One commenter requests that the vertical-to-horizontal stabilizer, in Structural Repair Manual (SRM) be FR 11034, February 26, 1979); and (3) accordance with McDonnell Douglas Service revised prior to issuance of the final will not have a significant economic Bulletin MD80–55–054, dated March 3, 1998. rule. The commenter contends that the impact, positive or negative, on a (1) Condition 1: If no corrosion is detected, SRM does not provide procedures for substantial number of small entities no further action is required by this any protective finish after corrosion under the criteria of the Regulatory paragraph. removal is accomplished. The Flexibility Act. A final evaluation has (2) Condition 2: If any corrosion is detected commenter suggests a protective finish been prepared for this action and it is that is within the limits specified in the Structural Repair Manual, prior to further of fluid-resistant primer. The FAA contained in the Rules Docket. A copy flight, remove the corrosion in accordance concurs. The FAA has verified with the of it may be obtained from the Rules with the service bulletin. manufacturer that a Temporary Revision Docket at the location provided under (3) Condition 3: If any corrosion is detected to Chapter 55 of the SRM has been the caption ADDRESSES. that exceeds the limits specified in the

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Structural Repair Manual, prior to further DEPARTMENT OF TRANSPORTATION 98055–4056; telephone (425) 227–2110; flight, replace the hinge plates with new fax (425) 227–1149. parts, in accordance with the service bulletin. Federal Aviation Administration SUPPLEMENTARY INFORMATION: A (b) Within 10 days after accomplishing the proposal to amend part 39 of the Federal inspection required by paragraph (a) of this 14 CFR Part 39 Aviation Regulations (14 CFR part 39) to AD, or within 10 days after the effective date include an airworthiness directive (AD) of this AD, whichever occurs later, submit a [Docket No. 98±NM±219±AD; Amendment 39±11098; AD 99±07±13] that is applicable to certain CASA report of the inspection results (both positive Model CN–235 series airplanes was and negative findings) to the Manager, Los RIN 2120±AA64 published in the Federal Register on Angeles Aircraft Certification Office (ACO), January 20, 1999 (64 FR 3052). That FAA, Transport Airplane Directorate, 3960 Airworthiness Directives; action proposed to require a one-time Paramount Boulevard, Lakewood, California Construcciones Aeronauticas, S.A. visual inspection to detect relative 90712–4137; fax (562) 627–5210. Information (CASA) Model CN±235 Series movement or deformation of the joint collection requirements contained in this Airplanes areas of the rear attaching supports and regulation have been approved by the Office lower skin of the left and right outer of Management and Budget (OMB) under the AGENCY: Federal Aviation flaps; repetitive borescopic inspections provisions of the Paperwork Reduction Act of Administration, DOT. to detect cracking of the spar and of the 1980 (44 U.S.C. 3501 et seq.) and have been ACTION: Final rule. rear internal support fittings of the outer assigned OMB Control Number 2120–0056. flaps; and corrective actions, if (c) An alternative method of compliance or SUMMARY: This amendment adopts a necessary. That action also proposed to adjustment of the compliance time that new airworthiness directive (AD), provide for optional terminating action provides an acceptable level of safety may be applicable to certain CASA Model CN– for the repetitive inspections. used if approved by the Manager, Los 235 series airplanes. This amendment Angeles ACO. Operators shall submit their requires a one-time visual inspection to Comments requests through an appropriate FAA detect relative movement or Interested persons have been afforded Principal Maintenance Inspector, who may deformation of the joint areas of the rear an opportunity to participate in the add comments and then send it to the attaching supports and lower skin of the making of this amendment. No Manager, Los Angeles ACO. left and right outer flaps; repetitive comments were submitted in response Note 2: Information concerning the borescopic inspections to detect to the proposal or the FAA’s existence of approved alternative methods of cracking of the spar and of the rear determination of the cost to the public. compliance with this AD, if any, may be internal support fittings of the outer obtained from the Los Angeles ACO. flaps; and corrective actions, if Conclusion (d) Special flight permits may be issued in necessary. This amendment also The FAA has determined that air accordance with sections 21.197 and 21.199 provides for optional terminating action safety and the public interest require the of the Federal Aviation Regulations (14 CFR for the repetitive inspections. This adoption of the rule as proposed. 21.197 and 21.199) to operate the airplane to amendment is prompted by issuance of Cost Impact a location where the requirements of this AD mandatory continuing airworthiness can be accomplished. information by a foreign civil The FAA estimates that 2 airplanes of (e) Except as provided by paragraph (b) of airworthiness authority. The actions U.S. registry will be affected by this AD, this AD, the actions shall be done in specified by this AD are intended to that it will take approximately 1 work accordance with McDonnell Douglas Service detect and correct fatigue cracking of the hour per airplane to accomplish the Bulletin MD80–55–054, dated March 3, 1998. rear internal support fittings of the outer required visual inspection, at an average This incorporation by reference was flap structure, which could result in labor rate of $60 per work hour. Based approved by the Director of the Federal failure of the outer flaps, and on these figures, the cost impact of the Register in accordance with 5 U.S.C. 552(a) consequent reduced controllability of visual inspection required by this AD on and 1 CFR part 51. Copies may be obtained U.S. operators is estimated to be $120, from Boeing Commercial Aircraft Group, the airplane. DATES: Effective May 6, 1999. or $60 per airplane. Long Beach Division, 3855 Lakewood It will take approximately 4 work Boulevard, Long Beach, California 90846, The incorporation by reference of certain publications listed in the hours to accomplish the required Attention: Technical Publications Business borescopic inspection, at an average Administration, Dept. C1-L51 (2–60). Copies regulations is approved by the Director labor rate of $60 per work hour. Based may be inspected at the FAA, Transport of the Federal Register as of May 6, on these figures, the cost impact of the Airplane Directorate, 1601 Lind Avenue, 1999. borescopic inspection required by this SW., Renton, Washington; or at the FAA, ADDRESSES: The service information AD on U.S. operators is estimated to be Transport Airplane Directorate, Los Angeles referenced in this AD may be obtained Aircraft Certification Office, 3960 Paramount $480, or $240 per airplane, per from Construcciones Aeronauticas, S.A., inspection cycle. Boulevard, Lakewood, California; or at the Getafe, Madrid, Spain. This information Office of the Federal Register, 800 North The cost impact figures discussed may be examined at the Federal above are based on assumptions that no Capitol Street, NW., suite 700, Washington, Aviation Administration (FAA), DC. operator has yet accomplished any of Transport Airplane Directorate, Rules the requirements of this AD action, and (f) This amendment becomes effective on Docket, 1601 Lind Avenue, SW., May 6, 1999. that no operator would accomplish Renton, Washington; or at the Office of those actions in the future if this AD Issued in Renton, Washington, on March the Federal Register, 800 North Capitol 23, 1999. were not adopted. Street, NW., suite 700, Washington, DC. Should an operator elect to Darrell M. Pederson, FOR FURTHER INFORMATION CONTACT: accomplish the terminating action that Acting Manager, Transport Airplane Norman B. Martenson, Manager, is provided by this AD action, it would Directorate, Aircraft Certification Service. International Branch, ANM–116, FAA, take approximately 30 work hours to [FR Doc. 99–7691 Filed 3–31–99; 8:45 am] Transport Airplane Directorate, 1601 accomplish, at an average labor rate of BILLING CODE 4910±13±U Lind Avenue, SW., Renton, Washington $60 per work hour. The cost of required

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For Regulatory Impact airplanes that have been modified, altered, or Alternative Methods of Compliance repaired so that the performance of the The regulations adopted herein will requirements of this AD is affected, the (e) An alternative method of not have substantial direct effects on the owner/operator must request approval for an compliance or adjustment of the States, on the relationship between the alternative method of compliance in compliance time that provides an national government and the States, or accordance with paragraph (e) of this AD. acceptable level of safety may be used on the distribution of power and The request should include an assessment of if approved by the Manager, responsibilities among the various the effect of the modification, alteration, or International Branch, ANM–116, FAA, levels of government. Therefore, in repair on the unsafe condition addressed by Transport Airplane Directorate. accordance with Executive Order 12612, this AD; and, if the unsafe condition has not Operators shall submit their requests been eliminated, the request should include it is determined that this final rule does specific proposed actions to address it. through an appropriate FAA Principal not have sufficient federalism Compliance: Required as indicated, unless Maintenance Inspector, who may add implications to warrant the preparation accomplished previously. comments and then send it to the of a Federalism Assessment. To detect and correct fatigue cracking of Manager, International Branch, ANM– For the reasons discussed above, I the rear internal support fittings of the outer 116. certify that this action (1) is not a flap structure, which could result in failure Note 2: Information concerning the ‘‘significant regulatory action’’ under of the outer flaps, and consequent reduced existence of approved alternative methods of Executive Order 12866; (2) is not a controllability of the airplane, accomplish compliance with this AD, if any, may be ‘‘significant rule’’ under DOT the following: obtained from the International Branch, (a) Prior to the accumulation of 4,000 total ANM–116. Regulatory Policies and Procedures (44 landings, or within 30 days after the effective FR 11034, February 26, 1979); and (3) date of this AD, whichever occurs later, Special Flight Permits will not have a significant economic perform a one-time detailed visual inspection impact, positive or negative, on a to detect relative movement or deformation (f) Special flight permits may be substantial number of small entities of the joint areas of the rear attaching issued in accordance with sections under the criteria of the Regulatory supports and lower skin of the left and right 21.197 and 21.199 of the Federal Flexibility Act. A final evaluation has outer flaps, in accordance with CASA Aviation Regulations (14 CFR 21.197 been prepared for this action and it is Maintenance Instructions COM 235–123, and 21.199) to operate the airplane to a contained in the Rules Docket. A copy Revision 01, dated October 7, 1997. location where the requirements of this (1) If no relative movement or deformation AD can be accomplished. of it may be obtained from the Rules is detected: Within 300 landings, perform the Docket at the location provided under requirements of paragraph (b) of this AD. Incorporation by Reference the caption ADDRESSES. (2) If any relative movement or (g) The inspections shall be done in List of Subjects in 14 CFR Part 39 deformation is detected: Prior to further flight, perform the requirements of paragraph accordance with CASA Maintenance Air transportation, Aircraft, Aviation (b) of this AD. Instructions COM 235–123, Revision safety, Incorporation by reference, (b) Remove the rear support attach bolts, 01, dated October 7, 1997. The Safety. one at a time, and perform a borescopic replacement, if accomplished, shall be inspection to detect cracking of the spar and Adoption of the Amendment of the rear internal support fittings of the done in accordance with CASA Service outer flaps, in accordance with CASA Bulletin SB–235–57–20, dated Accordingly, pursuant to the Maintenance Instructions COM 235–123, December 23, 1997, as applicable. This authority delegated to me by the Revision 01, dated October 7, 1997. incorporation by reference was Administrator, the Federal Aviation (1) If no crack is detected, repeat the approved by the Director of the Federal Administration amends part 39 of the borescopic inspection thereafter at Register in accordance with 5 U.S.C. Federal Aviation Regulations (14 CFR intervals not to exceed 600 landings 552(a) and 1 CFR part 51. Copies may part 39) as follows: until the replacement specified in be obtained from Construcciones Aeronauticas, S.A., Getafe, Madrid, PART 39ÐAIRWORTHINESS paragraph (c) of this AD is Spain. Copies may be inspected at the DIRECTIVES accomplished. (2) If any crack is detected, prior to FAA, Transport Airplane Directorate, 1. The authority citation for part 39 further flight, replace the cracked outer 1601 Lind Avenue, SW., Renton, continues to read as follows: flap with a new outer flap on which Washington; or at the Office of the Federal Register, 800 North Capitol Authority: 49 U.S.C. 106(g), 40113, 44701. modified rear internal support fittings are installed, in accordance with CASA Street, NW., suite 700, Washington, DC. § 39.13 [Amended] Service Bulletin SB–235–57–20, dated Note 3: The subject of this AD is addressed 2. Section 39.13 is amended by December 23, 1997. Such replacement in Spanish airworthiness directive 01/97, adding the following new airworthiness constitutes terminating action for the dated March 19, 1997. directive: repetitive borescopic inspection (h) This amendment becomes required by paragraph (b) of this AD for effective on May 6, 1999. 99–07–13 Construcciones Aeronauticas, the replaced outer flap only. S.A. (CASA): Amendment 39–11098. Issued in Renton, Washington, on March Docket 98–NM–219–AD. (c) Accomplishment of the replacement specified in CASA Service 23, 1999. Applicability: Model CN–235 series Darrell M. Pederson, airplanes, as listed in CASA Service Bulletin Bulletin SB–235–57–20, dated Acting Manager, Transport Airplane SB–235–57–20, dated December 23, 1997; December 23, 1997, constitutes Directorate, Aircraft Certification Service. and Model CN–235 series airplanes having terminating action for the repetitive serial number C–011; certificated in any borescopic inspections required by [FR Doc. 99–7690 Filed 3–31–99; 8:45 am] category. paragraph (b) of this AD. BILLING CODE 4910±13±U

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DEPARTMENT OF TRANSPORTATION Standards Staff, 2601 Meacham Blvd., previously described critical unsafe Fort Worth, Texas 76137, telephone condition can adversely affect the Federal Aviation Administration (817) 222–5128, fax (817) 222–5961. controllability and structural integrity of SUPPLEMENTARY INFORMATION: This the helicopter tail rotor. Therefore, the 14 CFR Part 39 amendment adopts a new AD that is actions contained in the AD are required [Docket No. 98±SW±31±AD; Amendment applicable to BHTI-manufactured Model prior to further flight, and this AD must 39±11101; AD 99±07±15] HH–1K, SW204, SW204HP, SW205, be issued immediately. Since a situation exists that requires RIN 2120±AA64 SW205A–1, TH–1F, TH–1L, UH–1A, UH–1B, UH–1E, UH–1F, UH–1H, UH– the immediate adoption of this Airworthiness Directives; Bell 1L, and UH–1P helicopters. This action regulation, it is found that notice and Helicopter Textron, Inc.-manufactured requires, before further flight, inspecting opportunity for prior public comment Model HH±1K, SW204, SW204HP, the yoke assembly historical records to hereon are impracticable, and that good SW205, SW205A±1, TH±1F, TH±1L, determine if it has been involved in any cause exists for making this amendment UH±1A, UH±1B, UH±1E, UH±1F, UH± incidents that may have induced a effective in less than 30 days. 1H, UH±1L, and UH±1P Helicopters bending load in the yoke, and if so, Cost Impact immediately replacing the yoke The FAA estimates that 75 helicopters AGENCY: Federal Aviation assembly with a yoke assembly that has Administration, DOT. will be affected by this AD, that it will been x-ray diffraction inspected or has take approximately 9 work hours to ACTION: Final rule; request for zero hours TIS as well as replacing the accomplish the inspections and comments. flapping stop or trunnion assembly. It installations, and that the average labor further requires, within the next 180 SUMMARY: This amendment adopts a rate is $60 per work hour. Required calendar days, for yokes other than new airworthiness directive (AD) that is parts will cost approximately $6,637 per those that are required to be replaced applicable to Bell Helicopter Textron, yoke, and $936 per flapping stop or before further flight, removing and Inc. (BHTI)-manufactured Model HH– $1,028 per trunnion. Based on these replacing the yoke assembly with an 1K, SW204, SW204HP, SW205, figures, the total cost impact of the AD airworthy assembly. This AD also SW205A–1, TH–1F, TH–1L, UH–1A, on U.S. operators is estimated to be requires inspection of the replaced UH–1B, UH–1E, UH–1F, UH–1H, UH– $608,475 to replace the yoke and trunnion assembly or flapping stop at 1L, and UH–1P helicopters. This action flapping stop in the entire fleet, or intervals not to exceed 25 hours time-in- requires inspecting the tail rotor yoke $615,375 to replace the yoke and service (TIS), or before further flight, (yoke) assembly historical records to trunnion in the entire fleet. after any incident involving a hard determine if the affected yoke assembly landing, or any other incident involving Comments Invited has been involved in any incidents that excessive tail rotor flapping loads. may have induced a bending load. It Although this action is in the form of Examples of bending loads include high further requires replacement of the yoke a final rule that involves requirements wind gusts (such as those from prop assembly with a yoke assembly that has affecting flight safety and, thus, was not blast), improper ground handling (in been x-ray diffraction inspected or has preceded by notice and an opportunity which the tail rotor blade has been used zero hours time-in-service (TIS); for public comment, comments are as a hand hold), improper feathering installing and inspecting an airworthy invited on this rule. Interested persons bearing removal (in which the yoke is flapping stop or trunnion assembly to are invited to comment on this rule by not properly supported when pressing detect excessive bending loads; and submitting such written data, views, or out bearings), or a static ground strike of revising the applicable Rotorcraft Flight arguments as they may desire. some type (such as being struck by a Manual. This amendment is prompted Communications should identify the vehicle). This amendment is prompted by in-flight failures of yokes installed on Rules Docket number and be submitted by reports of in-flight failures of yokes civilian and military helicopters of in triplicate to the address specified installed on civilian and military similar type design, including three under the caption ADDRESSES. All helicopters of similar type design, reported accidents. The actions communications received on or before including 3 reported accidents. The specified in this AD are intended to the closing date for comments will be actions specified in this AD are detect static or dynamic overload on the considered, and this rule may be intended to detect static or dynamic yoke due to external bending forces, amended in light of the comments overload on the yoke due to external which could result in failure of the received. Factual information that bending forces, which could result in yoke, loss of the tail rotor, and supports the commenter’s ideas and failure of the yoke, loss of the tail rotor, subsequent loss of control of the suggestions is extremely helpful in and subsequent loss of control of the helicopter. evaluating the effectiveness of the AD helicopter. action and determining whether DATES: Effective May 3, 1999. Since an unsafe condition has been additional rulemaking action would be Comments for inclusion in the Rules identified that is likely to exist or needed. Docket must be received on or before develop on other BHTI Model HH–1K, Comments are specifically invited on June 1, 1999. SW204, SW204HP, SW205, SW205A–1, the overall regulatory, economic, ADDRESSES: Submit comments in TH–1F, TH–1L, UH–1A, UH–1B, UH– environmental, and energy aspects of triplicate to the Federal Aviation 1E, UH–1F, UH–1H, UH–1L, and UH–1P the rule that might suggest a need to Administration (FAA), Office of the helicopters of the same type design, this modify the rule. All comments Regional Counsel, Southwest Region, AD is being issued to detect static or submitted will be available, both before Attention: Rules Docket No. 98–SW–31– dynamic overload on the yoke due to and after the closing date for comments, AD, 2601 Meacham Blvd., Room 663, excessive bending forces, which could in the Rules Docket for examination by Fort Worth, Texas 76137. result in failure of the yoke, loss of the interested persons. A report that FOR FURTHER INFORMATION CONTACT: tail rotor, and subsequent loss of control summarizes each FAA-public contact Charles Harrison, Aerospace Engineer, of the helicopter. The short compliance concerned with the substance of this AD FAA, Rotorcraft Directorate, Rotorcraft time involved is required because the will be filed in the Rules Docket

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Commenters wishing the FAA to § 39.13 [Amended] (such as those from rotor wash or prop blast), acknowledge receipt of their comments 2. Section 39.13 is amended by improper ground handling (in which the tail submitted in response to this rule must adding a new airworthiness directive to rotor blade has been used as a hand hold), improper feathering bearing removal (in submit a self-addressed, stamped read as follows: which the yoke is not properly supported postcard on which the following AD. 99–07–15 California Department of when pressing out bearings), or an incident statement is made: ‘‘Comments to Forestry; Firefly Aviation Helicopter in which a damaged tail rotor blade was Docket No. 98–SW–31–AD.’’ The Services (Previously Erickson Air- replaced due to a static ground blade strike. postcard will be date stamped and Crane); Garlick Helicopters; Hawkins & (b) Identify the trunnion assembly or returned to the commenter. Powers Aviation, Inc.; International flapping stop that is installed on the aircraft Helicopters, Inc.; Ranger Helicopter tail rotor assembly to determine if it is a Regulatory Impact Services; Robinson Aircrane, Inc.; Scott flapping stop or trunnion and, if it is a Paper Co. (Formerly Off Shore); Smith flapping stop, to determine if the correct The regulations adopted herein will Helicopters; Southern Helicopter, Inc.; flapping stop is installed (see Figures 1 and not have substantial direct effects on the Southwest Florida Aviation; Utah State 2). States, on the relationship between the University; UNC Helicopter Inc. Note 3: Helicopters with yoke assemblies, (Formerly Williams Helicopter); US national government and the States, or P/N 212–010–704-all dash numbers or P/N Helicopter, Inc.; and Western 212–010–744-all dash numbers, have on the distribution of power and International Aviation Inc.: Amendment trunnion assemblies installed that look responsibilities among the various 39–11101. Docket No. 98–SW–31–AD. q similar. Trunnion assemblies, P/N 205–012– levels of government. Therefore, in Applicability: Model HH–1K (Type 716–001 and P/N 212–010–703–001, are accordance with Executive Order 12612, Certificate Data Sheet (TCDS) H5NM), TH–1F manufactured from machined material and it is determined that this final rule does (TCDS H12NM, and R0008AT), TH–1L do not have the proper characteristics to act not have sufficient federalism (TCDS H5NM, H7SO, and H4NM), UH–1A as a yield indicators for the yoke assembly. (TCDS H3SO), UH–1B (TCDS H1RM, H3NM, When installed, these trunnion assemblies implications to warrant the preparation H13WE, H3SO, H5SO, and R00012AT), UH– may be identified by the presence of a of a Federalism Assessment. 1E (TCDS H5NM, H7SO, H8NM, and H4NM), flanged bushing (split lines) at each bolt hole, The FAA has determined that this UH–1F (TCDS H2NM, H7NE, H11SW, readily visible externally when viewed inboard of the trunnion halves adjacent to regulation is an emergency regulation H12NM, and R0008AT), UH–1H (TCDS H13WE, H3SO, and H15NM), UH–1L (TCDS each bearing. The trunnion assembly, P/N that must be issued immediately to H5NM, H7SO, and H4NM), UH–1P (TCDS 212–010–738–001, is manufactured from a correct an unsafe condition in aircraft, H12NM, and R0008AT), and SW204 (TCDS casting and does not incorporate bushings at and that it is not a ‘‘significant H6SO), SW204HP (TCDS H6SO), SW205 the bolt locations. No bushing will be visible regulatory action’’ under Executive (TCDS H6SO), and SW205A–1 (TCDS H6SO) when viewing the assembled trunnion. Order 12866. It has been determined helicopters, with tail rotor yoke, part number Helicopters with yoke assemblies, P/N 212– (P/N) 212–011–702-all dash numbers, P/N 011–702-all dash numbers, are assembled further that this action involves an 212–010–704-all dash numbers, or P/N 212– with a flapping stop configuration. The emergency regulation under DOT 010–744-all dash numbers, installed, original flapping stop, P/N 212–011–713–001 Regulatory Policies and Procedures (44 certificated in any category. has been redesigned. The redesigned flapping FR 11034, February 26, 1979). If it is Note 1: This AD applies to each helicopter stop, P/N 212–011–713–103, will act as a determined that this emergency identified in the preceding applicability yield indicator to provide visual verification provision, regardless of whether it has been of a yoke assembly that has been subjected regulation otherwise would be to excessive out-of-plane bending loads (see significant under DOT Regulatory otherwise modified, altered, or repaired in the area subject to the requirements of this Figure 5). Policies and Procedures, a final AD. For helicopters that have been modified, (c) Within the next 180 calendar days (for regulatory evaluation will be prepared altered, or repaired so that the performance yokes not replaced immediately in and placed in the Rules Docket. A copy of the requirements of this AD is affected, the accordance with paragraph (a) of this AD), of it, if filed, may be obtained from the owner/operator must request approval for an remove the yoke assembly and replace it with Rules Docket at the location provided alternative method of compliance in an airworthy yoke assembly having zero accordance with paragraph (g) of this AD. hours time-in-service (TIS), or with an under the caption ADDRESSES. The request should include an assessment of airworthy yoke assembly (regardless of TIS) List of Subjects in 14 CFR Part 39 the effect of the modification, alteration, or that has passed an X-ray diffraction repair on the unsafe condition addressed by inspection in accordance with Part II of Bell Air transportation, Aircraft, Aviation this AD; and, if the unsafe condition has not Helicopter Textron, Inc. Alert Service safety, Safety. been eliminated, the request should include Bulletin 212–96–100, Revision A, dated May specific proposed actions to address it. 18, 1998. Adoption of the Amendment Compliance: Required as indicated, unless (d) When the yoke assembly is replaced, accomplished previously. for helicopters with a yoke assembly, P/N Accordingly, pursuant to the To detect static or dynamic overload on the 212–011–702-all dash numbers, install an authority delegated to me by the tail rotor yoke (yoke) due to external bending airworthy tail rotor flapping stop, P/N 212– Administrator, the Federal Aviation forces, which could result in failure of the 011–713–103, and for helicopters with yoke assemblies, P/N 212–010–704-all dash Administration amends part 39 of the yoke, loss of the tail rotor, and subsequent loss of control of the helicopter, accomplish numbers or P/N 212–010–744-all dash Federal Aviation Regulations (14 CFR the following: numbers, install an airworthy trunnion part 39) as follows: (a) Before further flight, review all assembly, P/N 212–010–738–001. If any historical records of the helicopter and the incident as described in paragraph (a) of this PART 39ÐAIRWORTHINESS identified yoke assembly for any static or AD occurs after the effective date of this AD DIRECTIVES dynamic incident history that could have and prior to compliance with paragraph (c), imposed an excessive bending load on the then compliance with paragraphs (c) and (d) 1. The authority citation for part 39 yoke. If such a history exists, before further is required before further flight. continues to read as follows: flight, replace the yoke assembly with a yoke Note 4: Yoke assemblies that have passed assembly specified in paragraph (c) and an x-ray diffraction inspection at BHTI will Authority: 49 U.S.C. 106(g), 40113, 44701. install the flapping stop or trunnion assembly have the letters ‘‘FM’’ vibro-etched on them as specified in paragraph (d). following the serial number. Note 2: Examples of excessive bending (e) After accomplishing the requirements of loads include exposure to high wind gusts paragraphs (c) and (d) of this AD, thereafter,

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BILLING CODE 4910±13±C

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(f) Within 30 calendar days after the overhaul and inspections. The actions safety and the public interest require the effective date of this AD, insert the following specified by this AD are intended to adoption of the rule with the changes pen and ink changes under the Operating prevent failure of the plate due to described previously. The FAA has Procedures and Maneuvers Pre-Flight Checks fatigue cracking, which could result in determined that these changes will section of the Rotorcraft Flight Manual or Operational Manual: failure of the main gearbox, failure of neither increase the economic burden ‘‘Tail rotor yoke—Preflight visual check for the drive system, and subsequent loss of on any operator nor increase the scope static stop contact damage (deformed static control of the helicopter. of the AD. stop or trunnion yield indicator).’’ EFFECTIVE DATE: May 6, 1999. The FAA estimates that 9 helicopters Note 5: Operators who use aircraft that FOR FURTHER INFORMATION CONTACT: of U.S. registry will be affected by this have any of these affected yoke assemblies Uday Garadi, Aerospace Engineer, FAA, AD, that it will take approximately 8 installed should use tail rotor tie downs Rotorcraft Directorate, Rotorcraft when the aircraft is parked or stored. work hours per helicopter to accomplish Certification Office, Fort Worth, Texas the proposed inspections and 56 hours (g) An alternative method of compliance or 76193–0170, telephone (817) 222–5157, to remove and replace the plate, and adjustment of the compliance time that fax (817) 222–5959. provides an acceptable level of safety may be that the average labor rate is $60 per used if approved by the Manager, Rotorcraft SUPPLEMENTARY INFORMATION: A work hour. Required parts will cost Standards Staff, Rotorcraft Directorate, FAA. proposal to amend part 39 of the Federal approximately $8,000 per helicopter. Operators shall submit their requests through Aviation Regulations (14 CFR part 39) to Based on these figures, the total cost an FAA Principal Maintenance Inspector, include an airworthiness directive (AD) impact of the proposed AD on U.S. who may concur or comment and then send that is applicable to Sikorsky Aircraft- operators is estimated to be $106,560; it to the Manager, Rotorcraft Standards Staff. manufactured Model CH–54A $4,320 to accomplish the inspections Note 6: Information concerning the helicopters was published in the and rework, and $102,240 to replace the existence of approved alternative methods of Federal Register on February 10, 1998 plate in the main gearbox assembly in compliance with this AD, if any, may be (63 FR 6685). That action proposed to all 9 helicopters, if necessary. obtained from the Rotorcraft Certification require an initial and recurring Office. The regulations adopted herein will inspections and rework or replacement, not have substantial direct effects on the (h) Special flight permits may be issued in if necessary, of the plate. It is believed accordance with sections 21.197 and 21.199 that cracks on the plate, part number States, on the relationship between the of the Federal Aviation Regulations (14 CFR national government and the States, or 21.197 and 21.199) to operate the helicopter 6435–20229–102, initiate at and radiate from the lightening holes in the plate on the distribution of power and to a location where the requirements of this responsibilities among the various AD can be accomplished. web due to fatigue. (i) This amendment becomes effective on Interested persons have been afforded levels of government. Therefore, in May 3, 1999. an opportunity to participate in the accordance with Executive Order 12612, Issued in Fort Worth, Texas, on March 23, making of this amendment. Due it is determined that this final rule does 1999. consideration has been given to the not have sufficient federalism Mark R. Schilling, comment received. implications to warrant the preparation of a Federalism Assessment. Acting Manager, Rotorcraft Directorate, The sole commenter states that the Aircraft Certification Service. inclusion of an Erickson Air-Crane For the reasons discussed above, I [FR Doc. 99–7778 Filed 3–31–99; 8:45 am] Company Service Bulletin (SB) in the certify that this action (1) is not a BILLING CODE 4910±13±P Compliance Section of the AD should be ‘‘significant regulatory action’’ under removed. The commenter states that the Executive Order 12866; (2) is not a FAA does not have the authority to ‘‘significant rule’’ under DOT DEPARTMENT OF TRANSPORTATION utilize Erickson Air-Crane Company Regulatory Policies and Procedures (44 documentation for continued FR 11034, February 26, 1979); and (3) Federal Aviation Administration airworthiness of CH–54A model will not have a significant economic helicopters or any other helicopters impact, positive or negative, on a 14 CFR Part 39 other than Erickson Air-Crane S–64E substantial number of small entities [Docket No. 97±SW±60±AD; Amendment helicopters. The FAA concurs with the under the criteria of the Regulatory 39±11102; AD 99±07±16] comment to the extent that the Erickson Flexibility Act. A final evaluation has Air-Crane SB only applies to the RIN 2120±AA64 been prepared for this action and it is Erickson Air-Crane Company Model S– contained in the Rules Docket. A copy Airworthiness Directives; Sikorsky 64E series helicopters. However, Note 2 of it may be obtained from the Rules Aircraft-manufactured Model CH±54A of the Notice of Proposed Rulemaking Docket at the FAA, Office of the Helicopters (NPRM) only stated that the Erickson Regional Counsel, Southwest Region, Air-Crane SB pertained to the same 2601 Meacham Blvd., Room 663, Fort AGENCY: Federal Aviation subject as is addressed by the FAA in Worth, Texas. Administration, DOT. this rule. It was not incorporated by ACTION: Final rule. reference into the compliance List of Subjects in 14 CFR Part 39 procedures proposed by the NPRM. SUMMARY: This amendment adopts a However, to avoid any confusion as to Air transportation, Aircraft, Aviation new airworthiness directive (AD), the model applicability, the FAA has safety, Safety. applicable to Sikorsky Aircraft- deleted proposed Note 2 relating to the Adoption of the Amendment manufactured Model CH–54A Erickson Air-Crane Company SB helicopters, that requires an initial and because the note is unnecessary. Also, Accordingly, pursuant to the recurring inspections and rework or the wording of Note 1 has changed from authority delegated to me by the replacement, if necessary, of the second that published in the NPRM. Administrator, the Federal Aviation stage lower planetary plate (plate). This After careful review of the available Administration amends part 39 of the amendment is prompted by cracked data, including the comment noted Federal Aviation Regulations (14 CFR plates that have been found during above, the FAA has determined that air part 39) as follows:

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PART 39ÐAIRWORTHINESS this AD; and, if the unsafe condition has not (iv) Vapor blast or bead exposed surfaces DIRECTIVES been eliminated, the request should include to remove protective finish. Use 220 specific proposed actions to address it. aluminum oxide grit at a pressure of 80 to 90 1. The authority citation for part 39 Compliance: Required as indicated, unless pounds per square inch. continues to read as follows: accomplished previously. (v) Shot peen exposed surfaces and inside To prevent failure of the second stage and edges of lightening holes to 0.008– Authority: 49 U.S.C. 106(g), 40113, 44701. lower planetary plate (plate), P/N 6435– 0.012A intensity. Use cast steel shot, size § 39.13 [Amended] 20229–102, due to fatigue cracking, which 170; 200 percent coverage is required. Use could lead to failure of the main gearbox, the tracer dye inspection method to ensure 2. Section 39.13 is amended by failure of the drive system, and subsequent the required coverage. Also, visually inspect adding a new airworthiness directive to loss of control of the helicopter, accomplish the shot peened surfaces for correct shot peen read as follows: the following: coverage. Inspect the intensity of the shot by AD 99–07–16 Columbia Helicopter; Heavy (a) On or before accumulating 1,300 hours performing an Almen strip height Lift; Silver Bay Logging: Amendment time-in-service (TIS), conduct a fluorescent measurement. 39–11102. Docket No. 97–SW–60–AD. magnetic particle inspection of the plate, P/ (vi) Clean reworked surfaces using acetone. N 6435–20229–102, in the circumferential Touch up the reworked areas using Presto Applicability: Model CH–54A helicopters and longitudinal directions using the wet with lower planetary plate, part number (P/ Black or an equivalent touchup solution. continuous method. Pay particular attention Ensure that the touchup solution is at a N) 6435–20229–102, installed, certificated in to the area around the 9 lightening holes. ° ° any category. temperature between 70 F to 120 F during (1) If any crack is discovered, replace the use. Keep the reworked surfaces wet with Note 1: This AD applies to each helicopter plate with an airworthy plate. touchup solution for 3 minutes to obtain a identified in the preceding applicability (2) If no crack is discovered, rework the uniform dark color. Rinse and dry the provision, regardless of whether it has been plate as follows: reworked areas. otherwise modified, altered, or repaired in (i) Locate the center of each 1.750 inch- (vii) Polish the reworked surfaces with a the area subject to the requirements of this diameter lightening hole and machine holes grade 00 or finer steel wool and polish with AD. For helicopters that have been modified, 0.015 to 0.020 oversize on a side (0.030 to a soft cloth. Coat the reworked surfaces with altered, or repaired so that the performance 0.040 diameter oversize). Machined surface preservative oil. of the requirements of this AD is affected, the roughness must not exceed 63 microinches (viii) Identify the reworked plate by adding owner/operator must request approval for an AA rating (see Figure 1). ‘‘TS–107’’ after the part number using a low- alternative method of compliance in (ii) Radius each hole 0.030 to 0.050 inches stress depth-controlled impression-stamp accordance with paragraph (d) of this AD. on each edge as shown in Figure 1. with a full fillet depth of not more than 0.003 The request should include an assessment of (iii) Mask the top and bottom surfaces of inch (see Figure 1). the effect of the modification, alteration, or the plate to expose 3.20 inch minimum width repair on the unsafe condition addressed by circumferential band as shown in Figure 1. BILLING CODE 4910±13±P

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(b) For any plate, P/N 6435–20229–102, that has been reworked and identified with ‘‘TS–107,’’ on or before the accumulation of 1,500 hours TIS and thereafter at intervals not to exceed 70 hours TIS, accomplish the following: (1) Inspect the plate for a crack in the area around all nine lightening holes using a Borescope or equivalent inspection method (see Figure 2). (2) If a crack is found, replace the plate with an airworthy plate.

BILLING CODE 4910±13±C

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(c) On or before the accumulation of 2,600 DATES: Effective 0901 UTC, September negative comments were received and hours TIS, remove from service plates, P/N 9, 1999. Comments must be received on confirming the date on which the final 6435–20229–102, reidentified as P/N 6435– or before May 17, 1999. rule will become effective. If the FAA 20229–102–TS–107 after rework. This AD does receive, within the comment revises the airworthiness limitation section of ADDRESSES: Send comments on the rule the maintenance manual by establishing a in triplicate to Manager, Airspace period, an adverse or negative comment, retirement life of 2,600 hours TIS for the Branch, Air Traffic Division, Federal or written notice of intent to submit main gearbox assembly second stage lower Aviation Administration, Southwest such a comment, a document planetary plate, P/N 6435–20229–102, Region, Docket No. 99–ASW–07, Fort withdrawing the direct final rule will be reidentified as P/N 6435–20229–102–TS–107 Worth, TX 76193–0520. published in the Federal Register, and after rework. The official docket may be examined a notice of proposed rulemaking may be (d) An alternative method of compliance or in the Office of the Regional Counsel, published with a new comment period. adjustment of the compliance time that Southwest Region, Federal Aviation provides an acceptable level of safety may be Comments Invited used if approved by the Manager, Rotorcraft Administration, 2601 Meacham Certification Office, FAA, Rotorcraft Boulevard, Room 663, Fort Worth, TX, Although this action is in the form of Directorate. Operators shall submit their between 9:00 AM and 3:00 PM, Monday a final rule and was not preceded by a requests through an FAA Principal through Friday, except Federal holidays. notice of proposed rulemaking, Maintenance Inspector, who may concur or An informal docket may also be comments are invited on this rule. comment and then send it to the Manager, examined during normal business hours Interested persons are invited to Rotorcraft Certification Office. at the Airspace Branch, Air Traffic comment on this rule by submitting Note 2: Information concerning the Division, Federal Aviation such written data, views, or arguments existence of approved alternative methods of Administration, Southwest Region, as they may desire. Communications compliance with this AD, if any, may be Room 414, Fort Worth, TX. should identify the Rules Docket obtained from the Rotorcraft Certification number and be submitted in triplicate to Office. FOR FURTHER INFORMATION CONTACT: Donald J. Day, Airspace Branch, Air the address specified under the caption (e) Special flight permits may be issued in Traffic Division, Southwest Region, ADDRESSES. All communications accordance with sections 21.197 and 21.199 received on or before the closing date of the Federal Aviation Regulations (14 CFR Federal Aviation Administration, Fort 21.197 and 21.199) to operate the helicopter Worth, TX 76193–0520, telephone 817– for comments will be considered, and to a location where the requirements of this 222–5593. this rule may be amended or withdrawn AD can be accomplished. SUPPLEMENTARY INFORMATION: This in light of the comments received. (f) This amendment becomes effective on amendment to 14 CFR part 71 revises Factual information that supports the May 6, 1999. the Class E airspace at Shawnee, OK. commenter’s ideas and suggestions is Issued in Fort Worth, Texas, on March 25, The development of a GPS SIAP, at extremely helpful in evaluating the 1999. Seminole Municipal Airport, Seminole, effectiveness of this action and Mark R. Schilling, OK has made this rule necessary. This determining whether additional Acting Manager, Rotorcraft Directorate, action is intended to provide adequate rulemaking action is needed. Aircraft Certification Service. controlled airspace extending upward Comments are specifically invited on [FR Doc. 99–7978 Filed 3–31–99; 8:45 am] from 700 feet or more above the surface the overall regulatory, economic, BILLING CODE 4910±13±P for Instrument Flight Rules (IFR) environmental, and energy aspects of operations to Seminole Municipal the rule that might suggest a need to Airport, Seminole, OK. modify the rule. All comments DEPARTMENT OF TRANSPORTATION Class E airspace designations are submitted will be available, both before published in Paragraph 6005 of FAA and after the closing date for comments, Federal Aviation Administration Order 7400.9F, dated September 10, in the Rules Docket for examination by interested persons. A report that 14 CFR Part 71 1998, and effective September 16, 1998, which is incorporated by reference in 14 summarizes each FAA-public contact CFR 71.1. The Class E airspace concerned with the substance of this [Airspace Docket No. 99±ASW±07] designation listed in this document will action will be filed in the Rules Docket. Revision of Class E Airspace; be published subsequently in the order. Commenters wishing the FAA to Shawnee, OK acknowledge receipt of their comments The Direct Final Rule Procedure submitted in response to this rule must AGENCY: Federal Aviation The FAA anticipates that this submit a self-addressed, stamped Administration, (FAA), DOT. regulation will not result in adverse or postcard on which the following ACTION: Direct final rule; request for negative comment and therefore is statement is made: ‘‘Comments to comments. issuing it as a direct final rule. A Docket No. 99–ASW–07.’’ The postcard substantial number of previous will be date stamped and returned to the SUMMARY: This amendment revises the opportunities provided to the public to commenter. Class E airspace at Shawnee, OK. The comment on substantially identical Agency Findings development of a Global Positioning actions have resulted in negligible System (GPS) Standard Instrument adverse comments or objections. Unless The regulations adopted herein will Approach Procedure (SIAP), at a written adverse or negative comment, not have substantial direct effects on the Seminole Municipal Airport, Seminole, or a written notice of intent to submit States, on the relationship between the OK has made this rule necessary. This an adverse or negative comment is national government and the States, or action is intended to provide adequate received within the comment period, on the distribution of power and controlled airspace extending upward the regulation will become effective on responsibilities among the various from 700 feet or more above the surface the date specified above. After the close levels of government. Therefore, in for Instrument Flight Rules (IFR) of the comment period, the FAA will accordance with Executive Order 12612, operations to Seminole Municipal publish a document in the Federal it is determined that this final rule does Airport, Seminole, OK. Register indicating that no adverse or not have sufficient federalism

VerDate 23-MAR-99 16:23 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\01APR1.XXX pfrm08 PsN: 01APR1 15674 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations implications to warrant the preparation (Lat. 35°31′00′′N., long. 96°43′07′′W.) DATES: Effective 0901 UTC, July 15, of a Federalism Assessment. Chandler Municipal Airport, OK 1999. Comments must be received on or ° ′ ′′ ° ′ ′′ Further, the FAA has determined that (Lat. 35 43 26 N., long. 96 49 13 W.) before May 17, 1999. Tilghman NDB this regulation is noncontroversial and ° ′ ′′ ° ′ ′′ ADDRESSES: Send comments on the rule unlikely to result in adverse or negative (Lat. 35 43 20 N., long. 96 49 07 W.) Cushing Municipal Airport, OK in triplicate to Manager, Airspace comments and only involves an (Lat. 35°57′00′′N., long. 96°46′23′′W.) Branch, Air Traffic Division,Federal established body of technical Cushing NDB Aviation Administration, Southwest regulations that require frequent and (Lat. 35°53′24′′N., long. 96°46′31′′W.) Region, Docket No. 99–ASW–06, Fort routine amendments to keep them Cushing Regional Hospital Heliport, OK Worth, TX 76193–0520. operationally current. Therefore, I Point In Space Coordinates The official docket may be examined ° ′ ′′ ° ′ ′′ certify that this regulation (1) is not a (Lat. 35 57 58 N., long. 96 45 12 W.) in the Office of the Regional Counsel, ‘‘significant regulatory action’’ under That airspace extending upward from 700 Southwest Region, Federal Aviation Executive Order 12866; (2) is not a feet above the surface within a 7-mile radius Administration, 2601 Meacham ‘‘significant rule’’ under DOT of Shawnee Municipal Airport and within a Boulevard, Room 663, Fort Worth, TX, 6.6-mile radius of Seminole Municipal Regulatory Policies and Procedures (44 between 9:00 a.m. and 3:00 p.m., FR 11034; February 26, 1979); and (3) if Airport and within a 6.5-mile radius of Prague Municipal Airport and within 2 miles Monday through Friday, except Federal promulgated, will not have a significant each side of the 360° bearing from the Prague holidays. An informal docket may also economic impact, positive or negative, NDB extending from the 6.5-mile radius to be examined during normal business on a substantial number of small entities 8.9 miles north of the airport and within a hours at the Airspace Branch, Air under the criteria of the Regulatory 6.4-mile radius of Chandler Municipal Traffic Division, Federal Aviation Flexibility Act. Since this rule involves Airport and within 2.5 miles each side of the Administration, Southwest Region, ° routine matters that will only affect air 352 bearing from the Tilghman NDB Room 414, Fort Worth, TX. traffic procedures and air navigation, it extending from the 6.4-mile radius to 7.3 miles north of the airport and within a 6.5- FOR FURTHER INFORMATION CONTACT: does not warrant preparation of a Donald J. Day, Airspace Branch, Air Regulatory Flexibility Analysis because mile radius of Cushing Municipal Airport and within 2.1 miles each side of the 185° Traffic Division, Southwest Region, the anticipated impact is so minimal. bearing from the Cushing NDB extending Federal Aviation Administration, Fort List of Subjects in 14 CFR part 71 from the 6.5-mile radius to 9.3 miles south Worth, TX 76193–0520, telephone 817– of the airport and that airspace within a 6- 222–5593. Airspace, Incorporation by reference, mile radius of the Point In Space serving SUPPLEMENTARY INFORMATION: This Navigation (air). Cushing Regional Hospital Heliport. amendment to 14 CFR part 71 revises Adoption of the Amendment * * * * * the Class E airspace at Guthrie, OK. The Issued in Forth Worth, TX, on March 24, development of a GPS SIAP at Guthrie Accordingly, pursuant to the 1999. Municipal Airport, Guthrie, OK has authority delegated to me, the Federal Albert L. Viselli, Aviation Administration amends 14 made this rule necessary. This action is Acting Manager, Air Traffic Division, CFR part 71 as follows: intended to provide adequate controlled Southwest Region. airspace extending upward from 700 PART 71ÐDESIGNATION OF CLASS A, [FR Doc. 99–8021 Filed 3–31–99; 8:45 am] feet or more about the surface for CLASS B, CLASS C, CLASS D, AND BILLING CODE 4910±13±M instrument flight rules (IFR) operations CLASS E AIRSPACE AREAS; to Guthrie Municipal Airport, Guthrie, AIRWAYS; ROUTES; AND REPORTING OK. POINTS DEPARTMENT OF TRANSPORTATION Class E airspace designations are Federal Aviation Administration published in Paragraph 6005 of FAA 1. The authority citation for 14 CFR Order 7400.9F, dated September 10, part 71 continues to read as follows: 14 CFR Part 71 1998, and effective September 16, 1998, Authority: 49 U.S.C. 106(g), 40103, 40113, which is incorporated by reference in 14 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– CFR 71.1. The Class E airspace [Airspace Docket No. 99±ASW±06] 1963 Comp., p. 389 designation listed in this document will § 71.1 [Amended] Revision of Class E Airspace; Guthrie, be published subsequently in the order. 2. The incorporation by reference in OK The Direct Final Rule Procedure 14 CFR 71.1 of the Federal Aviation AGENCY: Federal Aviation The FAA anticipates that this Administration Order 7400.9F, Airspace Administration (FAA), DOT. regulation will not result in any adverse Designations and Reporting Points, or negative comment and therefore is dated September 10, 1998, and effective ACTION: Direct final rule; request for comments. issuing it as a direct final rule. A September 16, 1998, is amended ad substantial number of previous follows: SUMMARY: This amendment revises Class opportunities provided to the public to Paragraph 6005: Class E airspace areas E airspace at Guthrie, OK. The comment on substantially identical extending upward from 700 feet or more development of a global positioning actions have resulted in negligible above the surface of the earth. system (GPS) standard instrument adverse comments or objections. Unless * * * * * approach procedure (SIAP) to Guthrie a written adverse or negative comment, ASW OK E5 Shawnee, OK [Revised] Municipal Airport, Guthrie, OK has or a written notice of intent to submit made this rule necessary. This action is an adverse or negative comment, is Shawnee Municipal Airport, OK intended to provide adequate controlled received within the comment period, (Lat 35°21′26′′N., long. 96°56′34′′W.) Semiinole Municipal Airport, OK airspace extending upward from 700 the regulation will become effective on (Lat. 35°16′29′′N., long. 96°40′31′′W.) feet or more above the surface for the date specified above. After the close Prague Municipal Airport, OK instrument flight rules (IFR) operations of the comment period, the FAA will (Lat 35°28′55′′N., long. 96°43′07′′W.) to Guthrie Municipal Airport, Guthrie, publish a document in the Federal Prague NDB OK. Register indicating that no adverse or

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If the FAA Further, the FAA has determined that extending from the 6.4-mile radius to 16 does receive, within the comment this regulation is noncontroversial and miles north of the NDB period, an adverse or negative comment unlikely to result in adverse or negative * * * * * or written notice of intent to submit comments and only involves and Issued in Fort Worth, TX, on March 24, such comment, a document established body of technical 1999. withdrawing the direct final rule will be regulations that require frequent and Albert L. Viselli, published in the Federal Register, and routine amendments to keep them Acting Manager, Air Traffic Division, a notice of proposed rulemaking may be operationally current. Therefore, I Southwest Region. published with a new comment period. certify that this regulation (1) is not a [FR Doc. 99–8020 Filed 3–31–99; 8:45 am] ‘‘significant regulatory action’’ under BILLING CODE 4910±13±M Comments Invited Executive Order 12866; (2) is not a Although this action is in the form of ‘‘significant rule’’ under DOT a final rule and was not preceded by a Regulatory Policies and Procedures (44 DEPARTMENT OF TRANSPORTATION notice of proposed rulemaking, FR 11034; February 26, 1979); and (3) if Federal Aviation Administration comments are invited on this rule. promulgated, will not have a significant Interested persons are invited to economic impact, positive or negative, 14 CFR Part 71 comment on this rule by submitting on a substantial number of small entities such written data, views, or arguments under the criteria of the Regulatory [Airspace Docket No. 99±ASW±05] as they may desire. Communications Flexibility Act. Since this rule involves Establishment of Class E Airspace; should identify the Rules Docket routine matters that will only affect air Escobas, TX number and be submitted in triplicate to traffic procedures and air navigation, it the address specified under the caption does not warrant preparation of a AGENCY: Federal Aviation ADDRESSES. All communications Regulatory Flexibility Analysis because Administration (FAA), DOT. received on or before the closing date the anticipated impact is so minimal. ACTION: Direct final rule; request for for comments will be considered, and List of Subjects in 14 CFR Part 71 comments. this rule may be amended or withdrawn in light of the comments received. Airspace, Incorporation by reference, SUMMARY: This amendment establishes Factual information that supports the Navigation (air). Class E airspace at Escobas, TX. The commenter’s ideas and suggestions is Adoption of the Amendment development of two global positioning extremely helpful in evaluating the system (GPS) standard instrument Accordingly, pursuant to the effectiveness of this action and approach procedures (SIAP), to Zachry authority delegated to me, The Federal determining whether additional Ranch, Escobas, TX, has made this rule Aviation Administration amends 14 rulemaking action is needed. necessary. This action is intended to CFR part 71 as follows: Comments are specifically invited on provide adequate controlled airspace the overall regulatory, economic, PART 71ÐDESIGNATION OF CLASS A, extending upward from 700 feet or more environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND above the surface for instrument flight the rule that might suggest a need to CLASS E AIRSPACE AREAS; rules (IFR) operations to Zachry Ranch, modify the rule. All comments AIRWAYS; ROUTES; AND REPORTING Escobas, TX. submitted will be available, both before POINTS DATES: Effective 0901 UTC, July 15, and after the closing date for comments, 1999. Comments must be received on or in the Rules Docket for examination by 1. The authority citation for 14 CFR before May 17, 1999. interested persons. A report that part 71 continues to read as follows: ADDRESSES: Send comments on the rule summarizes each FAA public contact Authority: 49 U.S.C. 106(g), 40103, 40113, in triplicate to Manager, Airspace concerned with the substance of this 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– Branch, Air Traffic Division, Federal action will be filed in the Rules Docket. 1963 Comp., p. 389. Aviation Administration, Southwest Commenters wishing the FAA to § 71.1 [Amended] Region, Docket No. 99–ASW–05, Fort Worth, TX 76193–0520. acknowledge receipt of their comments 2. The incorporation by reference in submitted in response to this rule must The official docket may be examined 14 CFR 71.1 of the Federal Aviation in the Office of the Regional Counsel, submit a self-addressed, stamped Administration Order 7400.9F, Airspace postcard on which the following Southwest Region, Federal Aviation Designations and Reporting Points, Administration, 2601 Meacham statement is made: ‘‘Comments to dated September 10, 1998, and effective Docket No. 99–ASW–06.’’ The postcard Boulevard, Room 663, Fort Worth, TX, September 16, 1998, is amended as between 9:00 a.m. and 3:00 p.m., will be date stamped and returned to the follows: commenter. Monday through Friday, except Federal Paragraph 6005 Class E airspace areas holidays. An informal docket may also Agency Findings extending upward from 700 feet or more be examined during normal business The regulations adopted herein will above the surface of the earth. hours at the Airspace Branch, Air not have substantial direct effects on the * * * * * Traffic Division, Federal Aviation states, on the relationship between the ASW OK E5 Guthrie, OK [Revised] Administration, Southwest Region, Room 414, Fort Worth, TX. national government and the states, or Guthrie Municipal Airport, OK on the distribution of power and (Lat. 35°50′59′′ N., long. 97°24′56′′ W.) FOR FURTHER INFORMATION CONTACT: responsibilities among the various Logan County NDB Donald J. Day, Airspace Branch, Air levels of government. Therefore, in (Lat. 35°50′44′′ N., long. 97°24′57′′ W.) Traffic Division, Southwest Region, accordance with Executive Order 12612, That airspace extending upward from 700 Federal Aviation Administration, Fort it is determined that this final rule does feet above the surface within a 6.4-mile Worth, TX 76193–0520, telephone 817– not have sufficient federalism radius of Guthrie Municipal Airport and 222–5593.

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SUPPLEMENTARY INFORMATION: This commenter’s ideas and suggestions is Adoption of the Amendment amendment to 14 CFR part 71 extremely helpful in evaluating the Accordingly, pursuant to the establishes Class E airspace at Escobas, effectiveness of this action and authority delegated to me, the Federal TX. The development of two GPS determining whether additional Aviation Administration amends 14 SIAP’s, to Zachry Ranch, Escobas, TX, rulemaking action is needed. CFR part 71 as follows: has made this rule necessary. This Comments are specifically invited on action is intended to provide adequate the overall regulatory, economic, PART 71ÐDESIGNATION OF CLASS A, controlled airspace extending upward environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND from 700 feet or more above the surface the rule that might suggest a need to CLASS E AIRSPACE AREAS; for IFR operations to Zachry Ranch, modify the rule. All comments AIRWAYS; ROUTES; AND REPORTING Escobas, TX. submitted will be available, both before POINTS Class E airspace designations are and after the closing date for comments, 1. The authority citation for 14 CFR published in Paragraph 6005 of FAA in the Rules Docket for examination by part 71 continues to read as follow: Order 7400.9F, dated September 10, interested persons. A report that 1998, and effective September 16, 1998, summarizes each FAA public contact Authority: 49 U.S.C. 106(g), 40103, 40113, which is incorporated by reference in 14 concerned with the substance of this 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– CFR 71.1. The Class E airspace action will be filed in the Rules Docket. 1963 Comp., p. 389. designation listed in this document will Commenters wishing the FAA to be published subsequently in the order. § 71.1 [Amended] acknowledge receipt of their comments 2. The incorporation by reference in The Direct Final Rule Procedure submitted in response to this rule must 14 CFR 71.1 of the Federal Aviation The FAA anticipates that this submit a self-addressed, stamped Administration Order 7400.9F, Airspace regulation will not result in any adverse postcard on which the following Designations and Reporting Points, or negative comment and therefore is statement is made: ‘‘Comments to dated September 10, 1998, and effective issuing it as a direct final rule. A Docket No. 99–ASW–05.’’ The postcard September 16, 1998, is amended as substantial number of previous will be date stamped and returned to the follows: commenter. opportunities provided to the public to Paragraph 6005 CLass E airspace areas comment on substantially identical Agency Findings extending upward from 700 feet or more actions have resulted in negligible above the surface of the earth. The regulations adopted herein will adverse comments or objections. Unless * * * * * a written adverse or negative comment, not have substantial direct effects on the or a written notice of intent to submit states, on the relationship between the ASW TX E5 Escobas, TX [New] an adverse or negative comment, is national government and the states, or Zachry Ranch, TX received within the comment period, on the distribution of power and (Lat. 27°04′21′′N., long. 98°56′19′′W.) the regulation will become effective on responsibilities among the various That airspace extending upward from 700 the date specified above. After the close levels of government. Therefore, in feet above the surface within a 6.4-mile of the comment period, the FAA will accordance with Executive Order 12612, radius of Zachry Ranch and within 1.3 miles publish a document in the Federal it is determined that this final rule does each side of the 322° bearing from the airport Register indicating that no adverse or not have sufficient federalism extending from the 6.4-mile radius to 9.0 negative comments were received and implications to warrant the preparation miles northwest of the airport. confirming the date on which the final of a Federalism Assessment. * * * * * rule will become effective. If the FAA Further, the FAA has determined that Issued in Fort Worth, TX, on March 24, does receive, within the comment this regulation is noncontroversial and 1999. period, an adverse or negative comment unlikely to result in adverse or negative Albert L. Viselli, or written notice of intent to submit comments and only involves an Acting Manager, Air Traffic Division, such a comment, a document established body of technical Southwest Region. withdrawing the direct final rule will be regulations that require frequent and [FR Doc. 99–8019 Filed 3–31–99; 8:45 am] published in the Federal Register, and routine amendments to keep them BILLING CODE 4910±13±M a notice of proposed rulemaking may be operationally current. Therefore, I published with a new comment period. certify that this regulation (1) is not a ‘‘significant regulatory action’’ under DEPARTMENT OF TRANSPORTATION Comments Invited Executive Order 12866; (2) is not a Although this action is in the form of ‘‘significant rule’’ under DOT Federal Aviation Administration a final rule and was not preceded by a Regulatory Policies and Procedures (44 14 CFR Part 71 notice of proposed rulemaking, FR 11034; February 26, 1979); and (3) if comments are invited on this rule. promulgated, will not have a significant [Airspace Docket No. 99±ASW±04] Interested persons are invited to economic impact, positive or negative, comment on this rule by submitting on a substantial number of small entities Revision of Class E Airspace; Lake such written data, views, or arguments under the criteria of the Regulatory Charles, LA as they may desire. Communications Flexibility Act. Since this rule involves AGENCY: Federal Aviation should identify the Rules Docket routine matters that will only affect air Administration (FAA), DOT. number and be submitted in triplicate to traffic procedures and air navigation, it ACTION: Direct final rule; request for the address specified under the caption does not warrant preparation of a comments. ADDRESSES. All communications Regulatory Flexibility Analysis because received on or before the closing date the anticipated impact is so minimal. SUMMARY: This amendment revises Class for comments will be considered, and E airspace at Lake Charles, LA. The List of Subjects in 14 CFR Part 71 this rule may be amended or withdrawn development of a global positioning in light of the comments received. Airspace, Incorporation by reference, system (GPS) standard instrument Factual information that supports the Navigation (air). approach procedure (SIAP) to

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Chennault International Airport, Lake or a written notice of intent to submit national government and the states, or Charles, LA has made this rule an adverse or negative comment, is on the distribution of power and necessary. This action is intended to received within the comment period, responsibilities among the various provide adequate controlled airspace the regulation will become effective on levels of government. Therefore, in extending upward from 700 feet or more the date specified above. After the close accordance with Executive Order 12612, above the surface for instrument flight of the comment period, the FAA will it is determined that this final rule does rules (IFR) operations to Chennault publish a document in the Federal not have sufficient federalism International Airport, Lake Charles, LA. Register indicating that no adverse or implications to warrant the preparation DATES: Effective 0901 UTC, July 15, negative comments were received and of a Federalism Assessment. 1999. Comment must be received on or confirming the date on which the final Further, the FAA has determined that before May 17, 1999. rule will become effective. If the FAA this regulation is noncontroversial and ADDRESSES: Send comments on the rule does receive, within the comment unlikely to result in adverse or negative in triplicate to Manager, Airspace period, and adverse or negative comments and only involves an Branch, Air Traffic Division, Federal comment or written notice of intent to established body of technical Aviation Administration, Southwest submit such a comment, a document regulations that require frequent and Region, Docket No. 99–ASW–04, Fort withdrawing the direct final rule will be routine amendments to keep them Worth, TX 76193–0520. The official published in the Federal Register, and operationally current. Therefore, I docket may be examined in the Office a notice of proposed rulemaking may be certify that this regulation (1) is not a of the Regional Counsel, Southwest published with a new comment period. ‘‘significant regulatory action’’ under Region, Federal Aviation Comment Invited Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Administration, 2601 Meacham Although this action is in the form of Regulatory Policies and Procedures (44 Boulevard, Room 663, Fort Worth, TX, a final rule and was not preceded by a FR 11034; February 26, 1979); and (3) if between 9:00 a.m. and 3:00 p.m., notice of proposed rulemaking, promulgated, will not have a significant Monday through Friday, except Federal comments are invited on this rule. holidays. An informal docket may also Interested persons are invited to economic impact, positive or negative, be examined during normal business comment on this rule by submitting on a substantial number of small entities hours at the Airspace Branch, Air such written data, views, or arguments under the criteria of the Regulatory Traffic Division, Federal Aviation as they may desire. Communications Flexibility Act. Since this rule involves Administration, Southwest Region, should identify the Rules Docket routine matters that will only affect air Room 414, Fort Worth, TX. number and be submitted in triplicate to traffic procedures and air navigation, it FOR FURTHER INFORMATION CONTACT: the address specified under the caption does not warrant preparation of a Regulatory Flexibility Analysis because Donald J. Day, Airspace Branch, Air ADDRESSES. All communications Traffic Division, Southwest Region, received on or before the closing date the anticipated impact is so minimal. Federal Aviation Administration, Fort for comments will be considered, and List of Subjects in 14 CFR Part 71 Worth, TX 76193–0520, telephone 817– this rule may be amended or withdrawn 222–5593. in light of the comments received. Airspace, Incorporation by reference, SUPPLEMENTARY INFORMATION: This Factual information that supports the Navigation (air). amendment to 14 CFR part 71 revises commenter’s ideas and suggestions is Adoption of the Amendment the Class E airspace at Lake Charles, LA. extremely helpful in evaluating the The development of a GPS SIAP at effectiveness of this action and Accordingly, pursuant to the Chennault International Airport, Lake determining whether additional authority delegated to me, the Federal Charles, LA has made this rule rulemaking action is needed. Aviation Administration amends 14 necessary. This action is intended to Comments are specifically invited on CFR part 71 as follows: provide adequate controlled airspace the overall regulatory, economic, PART 71ÐDESIGNATION OF CLASS A, extending upward from 700 feet or more environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND above the surface for instrument flight the rule that might suggest a need to CLASS E AIRSPACE AREAS; rules (IFR) operations to Chennault modify the rule. All comments AIRWAYS; ROUTES; AND REPORTING International Airport, Lake Charles, LA. submitted will be available, both before POINTS Class E airspace designations are and after the closing date for comments, published in Paragraph 6005 of FAA in the Rules Docket for examination by 1. The authority citation for 14 CFR Order 7400.9F, dated September 10, interested persons. A report that part 71 continues to read as follows: 1998, and effective September 16, 1998, summarizes each FAA public contact which is incorporated by reference in 14 concerned with the substance of this Authority: 49 U.S.C. 106(g), 40103, 40113, CFR 71.1. The Class E airspace 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– action will be filed in the Rules Docket. 1963 Comp., p. 389. designation listed in this document will Commenters wishing the FAA to be published subsequently in the order. acknowledge receipt of their comments § 71.1 [Amended] submitted in response to this rule must The Direct Final Rule Procedure 2. The incorporation by reference in submit a self-addressed, stamped 14 CFR 71.1 of the Federal Aviation The FAA anticipates that this postcard on which the following regulation will not result in any adverse Administration Order 7400.9F, Airspace statement is made: ‘‘Comments to Designations and Reporting Points, or negative comment and therefore is Docket No. 99–ASW–04.’’ The postcard issuing it as a direct final rule. A dated September 10, 1998, and effective will be date stamped and returned to the September 16, 1998, is amended as substantial number of previous commenter. opportunities provided to the public to follows: comment on substantially identical Agency Findings Paragraph 6005 Class E airspace areas actions have resulted in negligible The regulations adopted herein will extending upward from 700 feet or more adverse comments or objections. Unless not have substantial direct effects on the above the surface of the earth. a written adverse or negative comment, states, on the relationship between the * * * * *

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ASW LA E5 Lake Charles, LA [Revised] airspace at Farmington, NM, was PART 71ÐDESIGNATION OF CLASS A, Lake Charles Regional Airport, LA published in the Federal Register (61 CLASS B, CLASS C, CLASS D, AND (Lat. 30°07′34′′N., long. 93°13′24′′W.) FR 1875). The development of a GPS CLASS E AIRSPACE AREAS; Lake Charles, Chennault International SIAP to Rwy 25 at Four Corners AIRWAYS, ROUTES; AND REPORTING Airport, LA Regional Airport, Farmington, NM, has ° ′ ′′ ° ′ ′′ POINTS [AMENDED] (Lat. 30 12 45 N., long. 93 08 37 W.) made this rule necessary. The intended Sulphur, Southland Field, LA effect of the proposal was to provide (Lat. 30°07′53′′N., long. 93°22′34′W.) 1. The authority citation for 14 CFR adequate Class E airspace to contain Part 71 continues to read as follows: That airspace extending upward from 700 aircraft executing the GPS SIAP at Four feet above the surface within a 7.5-mile Authority: 49 U.S.C. 106(g), 40103, 40113, radius of Lake Charles Regional Airport and Corners regional Airport, Farmington, NM. 40120; E.O. 10854: 24 FR 9565, 3 CFR, 1959– within a 7-mile radius of Chennault 1963 Comp., p. 389. International Airport and within 3.5 miles Interested parties were invited to each side of the 155° bearing from the airport participate in this rulemaking § 71.1 [Amended] extending from the 7-mile radius to 16.7 proceeding by submitting written miles southeast of the airport and within a comments on the proposal to the FAA. 2. The incorporation by reference in 5.9-mile radius of Southland Field. No comments to the proposal were 14 CFR 71.1 of the Federal Aviation * * * * * received. The rule is adopted as Administration Order 7400.9F, Airspace Issued in Fort Worth, TX, on March 24, proposed with the exception of minor Designations and Reporting Points, 1999. editorial changes. dated September 10, 1998, and effective Albert L. Viselli, The coordinates for this airspace September 16, 1998, is amended as Acting Manager, Air Traffic Division, docket are based on North American follows: Southwest Region. Datum 83. Designated Class E airspace Paragraph 6005 Class E airspace areas [FR Doc. 99–8018 Filed 3–31–99; 8:45 am] areas are published in Paragraph 6005 of extending upward from 700 feet or more BILLING CODE 4910±13±M FAA Order 7400.9F, dated September above the surface of the earth. 10, 1998, and effective September 16, * * * * * 1998, which is incorporated by DEPARTMENT OF TRANSPORTATION reference in 14 CFR 71.1. The Class E ASW NM E5 Farmington, NM [Revised] airspace designation listed in this Federal Aviation Administration Farmington, Four Corners Regional Airport, document will be published NM 14 CFR Part 71 subsequently in the order. (Lat. 36°44′31′′ N., long. 108°13′47′′ W.) The Rule Farmington VORTAC [Airspace Docket No. 95±ASW±18] (Lat. 36°44′54′′ N., long. 108°05′56′′ W.) This amendment to 14 CFR part 71 Revision of Class E Airspace; That airspace extending upward from 700 revises Class E airspace at Farmington, Farmington, NM feet above the surface within a 6.7-radius of NM, extending upward from 700 feet Four Corners Regional Airport, and within AGENCY: Federal Aviation above the surface within a 6.7-mile 1.7 miles each side of the 088° bearing from Administration (FAA), DOT. radius of the Four Corners Regional the airport extending from the 6.7-mile ACTION: Final rule. Airport, Farmington, NM. radius to 9 miles east of the airport and The FAA has determined that his within 1.6 miles each side of the 266° radial SUMMARY: This action revises the Class regulation only involves an established of the Farmington VORTAC extending from E airspace extending upward from 700 body of technical regulations that the 6.7–mile radius to 10.7 miles west of the feet above ground level (AGL) at Four require frequent and routine airport; and that airspace extending from Corners Regional Airport, Farmington, amendments to keep them operationally 1,200 feet above the surface bounded by a NM. The development of a global current. It therefore (1) is not a line extending from lat. 37°04′00′′ N., long, positioning system (GPS) standard ‘‘significant regulatory action’’ under 108°56′54′′ W.; to lat. 37°04′00′′ N., long instrument approach procedure (SIAP) Executive Order 12866; (2) is not a 108°27′03′′ W.; thence clockwise within a to Runway (Rwy) 25 at Four Corners ‘‘significant rule’’ under DOT 25.5-mile radius of the Farmington VORTAC Regional Airport, Farmington, NM, has Regulatory Policies and Procedures (44 to lat. 37°00′00′′ N., long. 107°40′18′′ W.; to made this rule necessary. This action is FR 11034; February 26, 1979); and (3) lat. 37°00′00′′ N., long. 107°12′58′′ W.; then intended to provide adequate controlled does not warrant preparation of a clockwise within a 45.1-mile radius of the airspace extending upward from 700 regulatory evaluation as the anticipated Farmington VORTAC to point of beginning; feet or more above the surface for impact is so minimal. Since this is a excluding that airspace within the Durango, aircraft executing the GPS Rwy 25 SIAP routine matter that will only affect air CO, Class E airspace area, that airspace at Four Corners Regional Airport, traffic procedures, and air navigation, it within and underlying the Crownpoint, NM, Farmington, NM. is certified that this rule will not have Class E airspace area. EFFECTIVE DATE: 0901 UTC, May 20, a significant economic impact on a * * * * * 1999. substantial number of small entities Issued in Fort Worth, TX, on March 24, FOR FURTHER INFORMATION CONTACT: under the criteria of the Regulatory 1999. Donald J. Day, Airspace Branch, Air Flexibility Act. Albert L. Viselli, Traffic Division, Southwest Region, List of Subjects in 14 CFR Part 71 Acting Manager, Air Traffic Division, Federal Aviation Administration, Fort Southwest Region. Worth, TX 76193–0520, telephone 817– Airspace, Incorporation by reference, [FR Doc. 99–8017 Filed 3–31–99; 8:45 am] 222–5593. Navigation (air). BILLING CODE 4910±13±M SUPPLEMENTARY INFORMATION: Adoption of the Amendment History In consideration of the foregoing, the On January 24, 1996, a proposal to Federal Aviation Administration amend 14 CFR part 71 to revise Class E amends 14 CFR Part 71 as follows:

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DEPARTMENT OF TRANSPORTATION The Rule DEPARTMENT OF TRANSPORTATION This amendment to Part 71 of the Federal Aviation Administration Federal Aviation Administration Federal Aviation Regulations (14 CFR 14 CFR Part 71 Part 71) removes Class E airspace at 14 CFR Part 71 Palmyra, NY. The need for controlled airspace extending from 700 feet AGL at [Airspace Docket No. 99±AEA±02] [Airspace Docket No. 99±AEA±03] the Palmyra Airpark no longer exists. This area will be removed from the Establishment of Class E Airspace; Amendment to Class E Airspace; Logan, WV Palmyra, NY appropriate aeronautical charts. The FAA has determined that this AGENCY: Federal Aviation regulation only involves an established AGENCY: Federal Aviation Administration (FAA) DOT. Administration (FAA), DOT. body of technical regulations for which frequent and routine amendments are ACTION: Final rule. ACTION: Final rule. necessary to keep them operationally SUMMARY: This action establishes Class current. Therefore, this regulation—(1) SUMMARY: This action removes Class E E airspace extending upward from 700 is not a ‘‘significant regulatory action’’ airspace at Palmyra Airpark, Palmyra, feet Above Ground Level (AGL) at under Executive Order 12866; (2) is not NY. The airport has been reclassified Logan, WV. The development of new a ‘‘significant rule’’ under DOT from public to private use and Standards Instrument Approach Regulatory Policies and Procedures (44 instrument procedures to the airport Procedures (SIAP) based on the Global FR 11034; February 26, 1979); and (3) have been cancelled. The need for Class Positioning System (GPS) to Logan does not warrant preparation of a E airspace no longer exists for County Airport, Logan, WV, requires the Regulatory Evaluation as the anticipated Instrument Flight Rules (IFR) operations establishment of controlled airspace impact is so minimal. Since this is a at the airport. This action will result in extending upward from 700 feet Above routine matter that will only affect air the airspace reverting to Class G Ground Level (AGL) to accommodate traffic procedures and air navigation it airspace. the SIAPs and for Instrument Flight is certified that this rule will not have Rules (IFR) operations to the airport. EFFECTIVE DATE: 0901 UTC, May 20, significant economic impact on a This action is intended to provide 1999. substantial number of small entities adequate Class E airspace to contain IFR under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT: Mr. operations to Logan County Airport at Flexibility Act. Francis Jordan, Airspace Specialist, Logan, WV. Airspace Branch, AEA–520, Air Traffic List of Subjects in 14 CFR Part 71 EFFECTIVE DATE: 0901 UTC, May 20, Division, Eastern Region, Federal 1999. Aviation Administration, Federal Airspace, Incorporation by reference, Building #111, John F. Kennedy Navigation (air). FOR FURTHER INFORMATION CONTACT: Mr. International Airport, Jamaica, New Adoption of the Amendment Francis Jordan, Airspace Specialist, York 11430, telephone: (718) 553–4251. Airspace Branch, AEA–520, Air Traffic In consideration of the foregoing, the Division, Eastern Region, Federal SUPPLEMENTARY INFORMATION: Federal Aviation Administration Aviation Administration, Federal amends 14 CFR part 71 as follows: # History Building 111, John F. Kennedy International Airport, Jamaica, New PART 71Ð[AMENDED] On February 19, 1999, a proposal to York 11430, telephone: (718) 553–4521. amend Part 71 of the Federal Aviation 1. The authority citation for 14 CFR SUPPLEMENTARY INFORMATION: Regulations (14 CFR Part 71) to remove part 71 continues to read as follows: the Class E airspace extending upward History from 700 feet above the surface at Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– On February 19, 1999, a notice Palmyra Airpark, Palmyra, NY, was 1963 Comp., p. 389. proposing to amend Part 71 of the published in the Federal Register (64 Federal Aviation Regulations (14 CFR FR 8272). § 71.1 [Amended] Part 71) to establish Class E airspace at Interested parties were invited to The incorporation by reference in 14 Logan, WV, was published in the participate in this rulemaking CFR 71.1 of Federal Aviation Federal Register (64 FR 8271). A GPS proceeding by submitting written Administration Order 7400.9F, Airspace RWY 6 SIAP and GPS RWY 24 SIAP comments on the proposal to the FAA. Designations and Reporting Points, have been developed for Logan County No comments to the proposal were dated September 10, 1998, and effective Airport. Controlled airspace extending received. The rule is adopted as September 16, 1998, is amended as upward from 700 feet AGL is needed to proposed. follows: accommodate the SIAPs and for IFR The coordinates for this airspace Paragraph 6005 Class E airspace areas operations at the airport. docket are based on North American extending upward from 700 feet or more The notice proposed to establish Datum 83. Class E airspace areas above the surface of the earth controlled airspace extending upward designations for airspace extending * * * * * from 700 feet AGL to contain IFR upward from 700 feet AGL are operations in controlled airspace during published in paragraph 6005 of FAA AEA NY E5, Palmyra, NY [Removed] portions of the terminal operation and Order 7400.9F, dated September 10, * * * * * while transitioning between the enroute 1998, and effective September 16, 1998, Issued in Jamaica, New York on March 23, and terminal environments. which is incorporated by reference in 14 1999. Interested parties were invited to CFR 71.1. The Class E airspace Franklin D. Hatfield, participate in this rulemaking designation listed in this document will Manager, Air Traffic Division, Eastern Region. proceeding by submitting written be removed subsequently from the [FR Doc. 99–8015 Filed 3–31–99; 8:45 am] comments on the proposal to the FAA. Order. BILLING CODE 4910±13±M No comments to the proposal were

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Class E airspace areas above the surface of the earth. the Commission has regulatory designations for airspace extending * * * * * responsibility for investment advisers upward from 700 feet AGL are that have at least $25 million of assets published in paragraph 6005 of FAA AEA WV E5 Logan, WV [New] under management or advise a Order 7400.9F, dated September 10, Logan County Airport, WV registered investment company.2 The ° ′ ′′ ° ′ ′′ 1998, and effective September 16, 1998, (Lat. 37 51 20 N., long. 81 54 57 W.) Commission also has regulatory which is incorporated by reference in 14 That airspace extending upward from 700 responsibility for advisers that have CFR 71.1. The Class E airspace feet above the surface within a 10-mile radius their principal place of business in a designation listed in this document will of Logan County Airport. state that has not enacted an investment be published subsequently in the Order. * * * * * adviser statute, regardless of their assets Issued in Jamaica, New York on March 23, 3 The Rule under management. At the time the 1999. Coordination Act was adopted, Ohio This amendment to Part 71 of the Franklin D. Hatfield, was one of four states that did not have Federal Aviation Regulations (14 CFR Manager, Air Traffic Division, Eastern Region. an investment adviser statute.4 part 71) establishes Class E airspace at [FR Doc. 99–8014 Filed 3–31–99; 8:45 am] Recently, Ohio enacted investment Logan, WV, to provide controlled BILLING CODE 4910±13±M adviser legislation that will become airspace extending upward from 700 effective on March 18, 1999.5 feet AGL for aircraft executing the GPS On January 29, 1999, we issued a RWY 6 SIAP and GPS RWY 24 SIAP to release proposing rule 203A–6 Logan County Airport. SECURITIES AND EXCHANGE (‘‘Proposing Release’’) to assist the Ohio The FAA has determined that this COMMISSION Division of Securities and to facilitate regulation only involves an established the transition of regulatory body of technical regulations for which 17 CFR Parts 275 and 279 responsibilities for smaller Ohio frequent and routine amendments are advisers.6 We also proposed technical, necessary to keep them operationally [Release No. IA±1794; File No. S7±2±99] corresponding changes to Schedule I to current. Therefore, this regulation—(1) Form ADV. We received two comment is not a ‘‘significant regulatory action’’ RIN 3235±AH60 letters in response to the proposal, both under Executive Order 12866; (2) is not of which supported the new rule and a ‘‘significant rule’’ under DOT Transition Rule for Ohio Investment form amendments.7 The Commission is Regulatory Policies and Procedures (44 Advisers adopting rule 203A–6 and technical FR 11034; February 26, 1979); and (3) revisions to Schedule I to Form ADV as does not warrant preparation of a AGENCY: Securities and Exchange proposed. Commission. Regulatory Evaluation as the anticipated II. Discussion impact is so minimal. Since this is a ACTION: Final rule. routine matter that will only affect air Under new rule 203A–6, new Ohio traffic procedures and air navigation it SUMMARY: The Securities and Exchange advisers (i.e., those advisers that are not is certified that this rule will not have Commission (‘‘Commission’’) is currently registered with the significant economic impact on a adopting a new rule and form Commission) that would not be eligible substantial number of small entities amendments under the Investment for Commission registration would under the criteria of the Regulatory Advisers Act of 1940 for investment Flexibility Act. advisers that will be subject to a new 1 Title III of the National Securities Markets Ohio investment adviser statute. The Improvement Act of 1996, Pub. L. No. 104–290, 110 List of Subjects in 14 CFR Part 71 Stat. 3416 (1996) (codified in scattered sections of new rule provides a transition process the United States Code). Airspace, Incorporation by reference, for these investment advisers to switch 2 15 U.S.C. 80b–3A(a). Navigation (air). from Commission to state registration. 3 See Rules implementing Amendments to the EFFECTIVE DATES: Rule 203A–6 (17 CFR Investment Advisers Act of 1940, Investment Adoption of the Amendment Advisers Act Release No. 1633 (May 15, 1997) [64 275. 203A–6) will become effective May FR 28112 (May 22, 1997)] at II.E.1. In consideration of the foregoing, the 3, 1999. Amendments to Schedule I to 4 Colorado, Iowa and Wyoming also did not have Federal Aviation Administration Form ADV (279.1) will become effective investment adviser statutes at the time Congress amends 14 CFR part 71 as follows: on December 31, 1999. enacted the Coordination Act. Since that time, Colorado and Iowa have enacted investment adviser FOR FURTHER INFORMATION CONTACT: PART 71Ð[AMENDED] legislation, and we recently amended Schedule I to Jeffrey O. Himstreet, Attorney, at (202) Form ADV to reflect these developments. Technical 942–0716, Task Force on Investment Changes to Schedule I to Form ADV, Investment 1. The authority citation for 14 CFR Advisers Act Release No. 1733A (Jan. 7, 1999) [64 part 71 continues to read as follows: Adviser Regulation, Division of FR 2120 (Jan. 13, 1999)]. Investment Management, Securities and 5 Authority: 49 U.S.C. 106(g), 40103, 40113, H.B. 695, 122d Gen. Ass., Reg. Sess. (Ohio 1997– Exchange Commission, 450 Fifth Street, 1998). 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– NW, Washington, DC 20549–0506. 6 Transition Rule for Ohio Investment Advisers, 1963 Comp., p. 389. Investment Advisers Act Release No. 1787 (Jan. 29, SUPPLEMENTARY INFORMATION: The 1999) [64 FR 5722 (Feb. 5, 1999)]. § 71.1 [Amended] Commission is adopting rule 203A–6 7 Letter from Thomas Geyer, Commissioner, Ohio 2. The incorporation by reference in (17 CFR 275.203A–6) and technical Securities Division to Jonathan G. Katz, Secretary, 14 CFR 71.1 of Federal Aviation amendments to Schedule I of Form ADV SEC (Feb. 17, 1999), File No. S7–2–99; Letter from Peter C. Hildreth, President, North American Administration Order 7400.9F, Airspace (17 CFR 279.1 W), both under the Securities Administrators Association, Inc. to Designations and Reporting Points, Investment Advisers Act of 1940 (15 Johathan G. Katz, Secretary, SEC (Mar. 8, 1999), File dated September 10, 1998, and effective U.S.C. 80b)(‘‘Advisers Act’’ or ‘‘Act’’. No. S7–2–99.

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Schedule I to Form ADV registered with the Commission will as no longer requiring them to file contains a currently approved collection switch over to registration with the Ohio amendments to Form ADV with the of information under OMB control Division of Securities between March Commission. The costs the Advisers Act number 3235–0490. OMB has approved 18,1999 and December 31, 1999.9 These imposes on advisers withdrawing from the PRA request in accordance with 44 advisers may withdraw their Commission registration is estimated to U.S.C. 3507(d), and has assigned control Commission registration after they be $10 per adviser (or, $5,400 in the number 3235–0490 to Schedule I to register with the Ohio Division of aggregate).11 The new rule does not alter Form ADV with an expiration date of Securities, but not later than March 30, these burdens and benefits, but merely March 31, 2002. 2000.10 establishes a time by which advisers are The Commission is adopting With the enactment of the Ohio law, required to switch their registration amendments to Schedule I to Form ADV smaller Ohio advisers may no longer from the Commission to the Ohio that will delete references to Ohio rely on the location of their principal Division of Securities.12 Therefore, the contained in Schedule I and the office and place of business as a basis net costs imposed by the new rule and Instructions to Schedule I. Each for Commission registration. The form amendments are negligible. investment adviser must declare on Commission therefore is amending Smaller Ohio advisers may withdraw Schedule I to Form ADV whether it is Schedule I by deleting the references to from Commission registration at any eligible for Commission registration. Ohio from both Schedule I and the time and avoid any potential burdens The rules imposing this collection of Instructions to Schedule I. The associated with new rule 203A–6. information are found at 17 CFR amendments to Schedule I will become In the Proposing Release, we 275.203–1 and 17 CFR 279.1. Rule 204– effective on December 31, 1999. As a requested comment on the cost/benefit 1 (17 CFR 275.204–1) requires an result of the amendments to Schedule I, analysis. No comments on the cost/ investment adviser registered with the advisers will no longer be able to claim benefit analysis were provided. The Commission to file an amended eligibility for Commission registration Commission believes that the costs Schedule I to From ADV annually based on the location of their principal imposed by the new rule are within 90 days after the end of the office and place of business in Ohio and insignificant. investment adviser’s fiscal year. The must withdraw from Commission Commission is amending Schedule I IV. Paperwork Reduction Act registration, unless otherwise eligible. only, and not Form ADV. As discussed in the Proposing There are no additional burdens III. Cost/Benefit Analysis Release, the amendments to Schedule I associated with this filing that are not New rule 203A–6 and the technical to Form ADV contain a ‘‘collection of already imposed by the statutory amendments to Schedule I to Form ADV information within the meaning of the requirement that advisers withdraw are designed to facilitate the transition Paperwork Reduction Act of 1995 (44 from Commission registration if no of certain advisers from Commission to U.S.C. 3501 to 3520). The amendments longer eligible for Commission state registration. This transition further to Schedule I to Form ADV are registration. The withdrawal procedures implements congressional intent to necessary to implement the impose no additional paperwork reallocate regulatory responsibilities for Coordination Act with respect to burdens on advisers. The new rule investment advisers between the advisers with their principal office in creates a March 30, 2000 deadline by Commission and state securities Ohio. The Commission received no which smaller Ohio advisers must authorities. public comment in response to its withdraw from Commission registration. New rule 203A–6 will not have a request for comments on the Paperwork Additionally, smaller Ohio advisers may significant effect on the regulatory Reduction Act analysis. withdraw from Commission registration Under Office of Management and at any time prior to March 30, 2000 and 8 The Ohio Division of Securities estimates that Budget rules, an agency may not not be subject to the new rule. its implementing rules would be effective by March conduct or sponsor, and a person is not The Commission estimates that there 24, 1999. required to respond to, a collection of 9 Ohio Legislation, supra note 5 (to be codified at are approximately 8,200 investment section 1707.161(E) of the Ohio Revised Code). In information unless the agency displays advisers registered with the addition, advisers ineligible for Commission a valid OMB control number.13 Commission. Approximately 899 registration may be required to register with other Therefore, we have submitted the investment advisers with their principal state securities authorities, subject to the Advisers collection of information requirements Act. The Coordination Act amended the Advisers office in Ohio that are registered with Act to add Section 222(d) [15 U.S.C. 80b–22(d)], the Commission would respond which makes state investment adviser statues 11 The Office of Management and Budget has annually to the information inapplicable to advisers that do not have a place of approved a collection of information for Form requirements of Schedule I. In addition, business in the state and have fewer than six clients ADV–W (OMB Control No. 3235–0313). The who are residents of that state. estimated burden is 1.0 hours, per response. Based an estimated 760 new advisers will file 10 New rule 203A–6(b). We recognize that Ohio on an average salary of $10 per hour, including Schedule I to Form ADV annually, investment advisers may be registered with, and benefits, the total costs imposed by the Advisers approximately 83 of which are regulated by, both the Ohio Divison of Securities Act on Ohio advisers required to withdraw from estimated to have their principal office and the Commission until the advisers withdraw Commission registration is approximately $5,400. from Commission registration. During this time, 12 Under current rules, advisers that are no longer in Ohio. Of these 83 advisers, an Ohio investment advisers may be subject to both eligible for Commission registration under section estimated 72 will file Schedule I to federal and state regulatory requirements. Ohio 203A(a) of the Act [15 U.S.C. 80b–3a(a)] must Form ADV an average of once a year, investment advisers no longer eligible for withdraw from registration within 90 days after the and the remaining 11 that rely on the Commission registration may avoid this ‘‘duplicate date the adviser is required by rule 204–1(a)[17 CFR regulation’’ by withdrawing from Commission 275.204–1(a)]. See 17 CFR 279.1 (Schedule I, exemption provided by rule 203A–2(d) registration at any time after they registered with instruction 6). (17 CFR 275.203A–d) will file Schedule the State of Ohio. 13 13 44 U.S.C. 3506(c)(1)(B)(v). I to Form ADV an average of twice each

VerDate 23-MAR-99 16:23 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\01APR1.XXX pfrm08 PsN: 01APR1 15682 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations year. It is estimated that the another investment adviser that is not a that the burden to investment advisers Commission will receive approximately small entity.14 subject to the rule should be outweighed 993 total responses from investment It is estimated that approximately by the benefits to the investment advisers with their principal office in 1,000 Commission-registered advisers advisers subject to the new rule and Ohio. are small entities. It is estimated that form amendments. There are no rules The form amendments will affect only approximately 540 of these small-entity that duplicate, overlap, or conflict with, investment advisers with their principal advisers have their principal office in the new rule and form amendments. office in Ohio, and will not materially Ohio. Relatively few small entities thus Finally, the FRFA states that, in alter the number of burden hours for will be affected by the new rule and adopting the new rule and form those advisers. It is estimated that the form amendments. As explained in the amendments, we considered (a) the amendments to Schedule I to Form ADV FRFA, the majority of these advisers are establishment of differing compliance or imposes on Ohio investment advisers smaller Ohio advisers that will be reporting requirements or timetables 852.75 total burden hours. This estimate required by the Coordination Act to that take into account resources would likely remain constant absent the withdraw from Commission registration available to small entities; (b) the new rule and form amendments. The and register with the various state clarification, consolidation, or collection of information required by securities authorities. Absent simplification of compliance and Schedule I is mandatory, and responses Commission rulemaking, the reporting requirements under the new are not kept confidential. The form Coordination Act requires smaller Ohio rule for small entities; (c) the use of amendments, as adopted, do not impose advisers to withdraw from Commission performance rather than design a greater paperwork burden upon registration after the Ohio law is standards; and (d) an exemption from respondents than that estimated and effective. It takes, on average, one hour coverage of the new rule, or any part of described in the Proposing Release. to complete form ADV–W.15 The costs the new rule, for small entities. The FRFA explains that the Commission V. Summary of Final Regulatory associated with withdrawing from concluded that establishing different Flexibility Analysis Commission registration would exist absent the new rule and form standards for small entities is The Commission has prepared a Final amendments. Therefore, the net costs unnecessary and inappropriate. Regulatory Flexibility Analysis imposed by the new rule and form The FRFA is available for public (‘‘FRFA’’) in accordance with the amendments are negligible. inspection in File No. S7–2–99, and a Regulatory Flexibility Act (‘‘Reg. Flex. The FRFA states that the rule copy may be obtained by contacting Act’’) (5 U.S.C. 604) in connection with amendments will impose no new Jeffrey O. Himstreet, Attorney, the adoption of the rule described in reporting or recordkeeping requirements Securities and Exchange Commission, this Release. An Initial Regulatory and will eliminate certain other 450 5th Street, NW, Washington, DC Flexibility Analysis (‘‘IRFA’’) was requirements. The new rule does, 20549–0506. prepared in accordance with 5 U.S.C. however, create a deadline for VI. Statutory Authority 603 in conjunction with the Proposing complying with an existing Release and was made available to the requirement. Smaller Ohio advisers no The Commission is adopting new rule public. A summary of the IRFA was longer eligible for Commission 203A–6 pursuant to the authority set published in the Proposing Release. We registration will be required to forth in section 203(h) (15 U.S.C. 80b– received no comments on the IRFA. withdraw from Commission registration 3(h)); section 203A(c) (15 U.S.C. 80b– The FRFA discusses both the need by March 30, 2000. These advisers will 3a(c)); and section 211(a) (15 U.S.C. for, and objectives of, the rule and form no longer be required to file an amended 80b–11(a)) of the Investment Advisers amendments adopted by the Schedule I with the Commission each Act of 1940. The Commission is adopting Commission. The new rule and form year, or the other annual updates to amendments to Form ADV pursuant to amendments, as adopted, create a Form ADV. the authority set forth in section transition process for smaller Ohio The new rule and form amendments 203(c)(1) (15 U.S.C. 80b–3(c)(1)); and advisers. The new rule (a) provides a will not materially alter the time section 204 (15 U.S.C. 80b–4) of the one-year transition period for advisers required for investment advisers to Investment Advisers Act of 1940. to switch from Commission registration comply with these rules.16 The new rule to state registration, and (b) requires and form amendments also are List of Subjects in 17 CFR Parts 275 and smaller Ohio advisers to withdraw from necessary to implement the 279 Commission registration by March 30, Coordination Act with respect to Reporting and recordkeeping 2000. The amendments to Schedule I smaller Ohio advisers. The FRFA states delete references to Ohio to reflect that requirements, Securities. Ohio has recently enacted an 14 Rule 0–7 [17 CFR 275.0–7]. Text of Rule and Form Amendments investment adviser statute. 15 The Office of Management and Budget has For the reasons set out in the The FRFA also provides a description approved a collection of information for Form preamble, Title 17, Chapter II of the and an estimate of the number of small ADV–W (OMB Control No. 3235–0313). The Code of Federal Regulations is amended entities to which the rule amendments estimated average burden is 1.0 hours, per response. Based on an average salary of $10 per hour, as follows: will apply. For the purposes of the including benefits, the total costs imposed by the Advisers Act and the Reg. Flex. Act, an Advisers Act on Ohio advisers required to PART 275ÐRULES AND investment adviser, under Commission withdraw from Commission registration is REGULATIONS, INVESTMENT rules, generally is a small entity if (i) it approximately $5,400. 16 ADVISERS ACT OF 1940 has assets under management of less Currently, investment advisers that are required to withdraw from Commission registration 1. The authority citation for Part 275 than $25 million reported on its most because they are no longer eligible under section recent Schedule I to Form ADV (17 CFR 203A(a) of the Act [15 U.S.C. 80b–3a(a)] are continues to read in part as follows: 279.1); (ii) it does not have total assets required to withdraw from registration within 90 Authority: 15 U.S.C. 80b–2(a)(17), 80b–3, days after the date the adviser’s Schedule I was 80b–4, 80b–6(4), 80b–6a, 80b–11, unless of $5 million or more on the last day of required by rule 204–1(a) [17 CFR 275.204–1(a)] to the most recent fiscal year; and (iii) it is have been filed with the Commission. See Schedule otherwise noted. not in a control relationship with I, instruction 6 [17 CFR 279.1] * * * * *

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2. Section 275.203A–6 is added to DEPARTMENT OF HEALTH AND 21 CFR Part 558 read as follows: HUMAN SERVICES Animal drugs, Animal feeds. § 275.203A±6 Transition period for Ohio Food and Drug Administration Therefore, under the Federal Food, investment advisers. 21 CFR Parts 510, 520, 522, and 558 Drug, and Cosmetic Act and under (a) Ohio Authority. Notwithstanding authority delegated to the Commissioner Animal Drugs, Feeds, and Related section 203A(b) of the Act (15 U.S.C. of Food and Drugs and redelegated to Products; Technical Amendments the Center for Veterinary Medicine, 21 80b–3a(b)), the Ohio Revised Code, CFR parts 510, 520, 522, and 558 are sections 1707.01 to 1707.99, is effective AGENCY: Food and Drug Administration, amended as follows: with respect to an investment adviser HHS. registered with the Commission that, ACTION: Final rule; technical PART 510ÐNEW ANIMAL DRUGS but for having its principal office and amendment. place of business in Ohio, would be 1. The authority citation for 21 CFR prohibited from registering with the SUMMARY: The Food and Drug part 510 continues to read as follows: Commission under section 203A of the Administration (FDA) is updating the Authority: 21 U.S.C. 321, 331, 351, 352, Act (15 U.S.C. 80b–3a). animal drug regulations to reflect 353, 360b, 371, 379e. corrections of previously approved new (b) Withdrawal Required. Every animal drug applications (NADA’s). 2. Section 510.600 Names, addresses, investment adviser that is registered Several sponsors currently specified in and drug labeler codes of sponsors of with the Commission solely because its the list of sponsors of approved approved applications is amended in principal office and place of business is applications and in the animal drug the table in paragraph (c)(1) by located in Ohio must withdraw from approval regulations are incorrect. This removing the entries for ‘‘Affiliated Commission registration by March 30, action is being taken to improve the Laboratories Division, Whitmoyer 2000. accuracy of the regulations. Laboratories, Inc.’’, ‘‘Albers Milling EFFECTIVE DATE: April 1, 1999. Co.’’, ‘‘Allied Pharmacal, Division of PART 279ÐFORMS PRESCRIBED FOR FURTHER INFORMATION CONTACT: K.C. Pharmacal, Inc.’’, ‘‘Ayerst UNDER THE INVESTMENT ADVISERS Judith M. O’Haro, Center for Veterinary Laboratories, Division of American ACT OF 1940 Medicine (HFV–6), Food and Drug Home Products, Corp.’’, ‘‘Bristol Administration, 7500 Standish Pl., Laboratories, Div. of Bristol-Myers Co.’’, 3. The authority citation for part 279 Rockville, MD 20855, 301–827–3664. ‘‘Cooper U.S.A., Inc.’’, ‘‘Cutter continues to read as follows: SUPPLEMENTARY INFORMATION: FDA has Laboratories, Inc.’’, ‘‘Dawes Laboratories, Inc.’’, ‘‘Feed Products, Authority: The Investment Advisers Act of found several errors in the agency’s Inc.’’, ‘‘H. Clay Glover Co., Inc.’’, 1940, 15 U.S.C. 80b–1, et seq. regulations concerning approval of animal drugs, feeds, and related ‘‘Gooch Feed Mill Corp.’’, ‘‘Grain 4. By amending Schedule I to Form products including the list of sponsors Processing Corp.’’, ‘‘ICI Americas, Inc.’’, ADV (referenced in § 279.1) to remove of approved applications. To correct ‘‘KASCO–EFCO Laboratories, Inc.’’, ‘‘Dr. all references to ‘‘Ohio’’ and by those errors, FDA is amending 21 CFR LeGear, Inc.’’, ‘‘McNeil Laboratories, amending the Instructions to Schedule I 510.600(c)(1) and (c)(2) to remove Inc.’’, ‘‘Triple ‘‘F’’, Inc.’’, ‘‘Tutag to Form ADV (referenced in § 279.1) to several sponsor names and drug labeler Pharmaceuticals, Inc.’’, and ‘‘Western remove all references to ‘‘Ohio’’. codes because the firms are no longer Serum Co.’’; by alphabetically adding a the holders of any approved NADA’s. new entry for ‘‘Equi Aid Products, Inc.’’; § 279.1 [Amended] This document is also amending the and in the table in paragraph (c)(2) by Note: The text of Schedule I to Form ADV animal drug approval regulations by removing the entries for ‘‘000015, (§ 279.1) does not and the amendments will correcting the nonsubstantive errors in 000045, 000046, 000124, 000161, not appear in the Code of Federal 21 CFR 520.260, 520.2184, 520.2220b, 000794, 010471, 010616, 011398, Regulations. 522.723, 522.800, 558.140, 558.485, and 011490, 011492, 011511, 011825, 558.635. 011950, 012983, 013959, 017826, Dated: March 25, 1999. 021798, 022591, and 024264’’; and by List of Subjects By the Commission. numerically adding a new entry for Margaret H. McFarland, 21 CFR Part 510 ‘‘062240’’ to read as follows: Deputy Secretary. Administrative practice and § 510.600 Names, addresses, and drug [FR Doc. 99–7955 Filed 3–31–99; 8:45 am] procedure, Animal drugs, Labeling, labeler codes of sponsors of approved BILLING CODE 8010±01±P Reporting and recordkeeping applications. requirements. * * * * * 21 CFR Parts 520 and 522 (c) * * * Animal drugs. (1) * * *

Firm name and address Drug labeler code

******* Equi Aid Products, Inc., 1517 West Knudsen Dr., Phoenix, AZ 85027 062240 *******

(2) * * *

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Drug labeler code Firm name and address

******* 062240 Equi Aid Products, Inc., 1517 West Knudsen Dr., Phoenix, AZ 85027 *******

PART 520ÐORAL DOSAGE FORM § 558.635 [Amended] December 14, 1964, and therefore, NEW ANIMAL DRUGS 13. Section 558.635 Virginiamycin is amends 21 CFR 520.2220b to reflect the amended in paragraph (b)(2) by approval. Also, FDA is amending the 3. The authority citation for 21 CFR removing ‘‘011490’’ and adding in its regulation to add several editorial part 520 continues to read as follows: place ‘‘046573’’. changes by removing paragraph (a), by Authority: 21 U.S.C. 360b. Dated: March 23, 1999. redesignating paragraphs (b), (d), and (e) Margaret Ann Miller, as paragraphs (a), (b), and (d), § 520.260 [Amended] Acting Director, Office of New Animal Drug respectively, and by revising new 4. Section 520.260 n-Butyl chloride Evaluation, Center for Veterinary Medicine. paragraphs (a) and (d)(2) to reflect the capsules is amended in paragraph (b)(2) [FR Doc. 99–7925 Filed 3–31–99; 8:45 am] codification. by removing ‘‘012983’’ and adding in its BILLING CODE 4160±01±F Approval of this supplemental NADA place ‘‘038782’’. does not require additional safety and effectiveness data. Therefore, a freedom § 520.2184 [Amended] DEPARTMENT OF HEALTH AND of information summary is not required. 5. Section 520.2184 Sodium HUMAN SERVICES The agency has determined under 21 sulfachloropyrazine monohydrate is Food and Drug Administration CFR 25.33(a)(1) that this action is of a amended in paragraph (b) by removing type that does not individually or the phrase ‘‘Nos. 010042 and 053501’’ 21 CFR Part 520 and adding in its place ‘‘No. 010042’’. cumulatively have a significant effect on Oral Dosage Form New Animal Drugs; the human environment. Therefore, PART 522ÐIMPLANTATION OR Sulfadimethoxine Tablets and Boluses; neither an environmental assessment INJECTABLE DOSAGE FORM NEW Technical Amendment nor an environmental impact statement ANIMAL DRUGS is required. AGENCY: Food and Drug Administration, 6–7. The authority citation for 21 CFR HHS. List of Subject 21 CFR Part 520 part 522 continues to read as follows: ACTION: Final rule; technical Animal drugs. Authority: 21 U.S.C. 360b. amendment. Therefore, under the Federal Food, Drug, and Cosmetic Act and under § 522.723 [Amended] SUMMARY: The Food and Drug Administration (FDA) is amending the authority delegated to the Commissioner 8. Section 522.723 Diprenorphine animal drug regulations to codify an of Food and Drugs and redelegated to hydrochloride injection is amended in approved new animal drug application the Center for Veterinary Medicine, 21 pargraph (c) by removing ‘‘010042’’ and (NADA) held by Pfizer, Inc. The NADA CFR part 520 is amended as follows: adding in its place ‘‘053923’’. provides for use of sulfadimethoxine PART 520ÐORAL DOSAGE FORM § 522.800 [Amended] (SDM) tablets to treat bacterial infections of dogs and cats. NEW ANIMAL DRUGS 9. Section 522.800 Droperidol and EFFECTIVE DATE: April 1, 1999. fentanyl citrate injection is amended in FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 21 CFR pargraph (b) by removing ‘‘000045’’ and Diane T. McRae, Center for Veterinary part 520 continues to read as follows: adding in its place ‘‘000061’’. Medicine (HFV–102), Food and Drug Authority: 21 U.S.C. 360b. Administration, 7500 Standish Pl., PART 558ÐNEW ANIMAL DRUGS FOR Rockville, MD 20855, 301–827–0212. 2. Section 520.2220b is amended by USE IN ANIMAL FEEDS SUPPLEMENTARY INFORMATION: Pfizer, removing paragraph (a), by 10. The authority citation for 21 CFR Inc., 235 East 42d St., New York, NY redesignating paragraphs (b), (d), and (e) part 558 continues to read as follows: 10017, is sponsor of NADA 15–102 that as paragraphs (a), (b), and (d), provides for oral use of SDM tablets for respectively, and by revising newly Authority: 21 U.S.C. 360b, 371. the treatment of SDM-susceptible redesignated paragraphs (a) and (d)(2) to bacterial infections of dogs and cats. read as follows: § 558.140 [Amended] The NADA was approved on December 11. Section 558.140 Chlortetracycline 14, 1964, for Hoffmann LaRoche, Inc. § 520.2220b Sulfadimethoxine tablets and and sulfamethazine is amended in After several changes of sponsors, the boluses. paragraph (a) by removing ‘‘000004’’ current sponsor of the NADA, Pfizer, (a) Sponsors. Approval to firms and adding in its place ‘‘063238’’. Inc., has filed a supplement to NADA identified in § 510.600(c) of this chapter 15–102 providing information § 558.485 [Amended] supporting prior approval of their as follows: 12. Section 558.485 Pyrantel tartrate NADA and has requested codification. (1) To 000069, approval for use as in is amended by removing and reserving FDA concurs that NADA 15–102 was paragraphs (d)(1), (d)(2), and (d)(3) of paragraph (a)(17). approved for use in dogs and cats on this section.

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(2) To 000061, approval for use as in nonlactating cattle; for parturition AGENCY FOR INTERNATIONAL paragraph (d)(2). induction in swine; and for controlling DEVELOPMENT * * * * * the timing of estrus in estrous cycling (d) * * * mares and clinically anestrous mares 22 CFR Chapter II (2) Dogs and cats. (i) Amount. 12.5 to that have a corpus luteum. 25 milligrams per pound of body Approval of Phoenix’s ANADA 200– Establishment of Agency for weight. 253 for ProstaMateTM (dinoprost International Development as an (ii) Indications for use. Treatment of tromethamine injection) sterile solution Executive Agency sulfadimethoxine-susceptible bacterial is as a generic copy of Pharmacia & infections. Upjohn’s NADA 108–901 Lutalyse AGENCY: U.S. Agency for International (iii) Limitations. Administer 25 (dinoprost tromethamine) sterile Development. milligrams per pound of body weight on solution. ANADA 200–253 is approved ACTION: Final rule. the first day followed by 12.5 milligrams as of February 12, 1999, and the per pound of body weight per day until regulations are amended in 21 CFR SUMMARY: The U.S. Agency for the animal is free of symptoms for 48 522.690(b) to reflect the approval. The hours. Federal law restricts this drug to International Development (‘‘USAID’’) is basis of approval is discussed in the amending its chapter in the Code of use by or on the order of a licensed freedom of information summary. veterinarian. Federal Regulations (‘‘CFR’’) to delete In accordance with the freedom of the reference to the U.S. International * * * * * information provisions of 21 CFR part Development Cooperation Agency Dated: March 17, 1999. 20 and 514.11(e)(2)(ii), a summary of (‘‘IDCA’’). Under the provisions of the Margaret Ann Miller, safety and effectiveness data and Foreign Affairs Reform and Acting Director, Office of New Animal Drug information submitted to support Restructuring Act of 1998, IDCA was Evaluation, Center for Veterinary Medicine. approval of this application may be seen abolished and USAID was established as [FR Doc. 99–7924 Filed 3–31–99; 8:45 am] in the Dockets Management Branch an Executive agency, effective April 1, BILLING CODE 4160±01±F (HFA–305), Food and Drug 1999. Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 DATES: Effective April 1, 1999. DEPARTMENT OF HEALTH AND a.m. and 4 p.m., Monday through FOR FURTHER INFORMATION CONTACT: Jan HUMAN SERVICES Friday. Miller, Office of General Counsel, 202– The agency has determined under 21 Food and Drug Administration 712–4174; jmiller @usaid.gov. CFR 25.33(a)(1) that this action is of a SUPPLEMENTARY INFORMATION: Under the 21 CFR Part 522 type that does not individually or cumulatively have a significant effect on provisions of the Foreign Affairs Reform Implantation or Injectable Dosage the human environment. Therefore, and Restructuring Act of 1998, as Form New Animal Drugs; Dinoprost neither an environmental assessment contained in Public Law 105–277, IDCA Tromethamine Sterile Solution nor an environmental impact statement was abolished and USAID was is required. established as an Executive agency, AGENCY: Food and Drug Administration, effective April 1, 1999. List of Subjects in 21 CFR Part 522 HHS. The abolition of IDCA does not affect ACTION: Final rule. Animal drugs. the status and validity of USAID SUMMARY: The Food and Drug Therefore, under the Federal Food, regulations, directives, rulings, policies; Administration (FDA) is amending the Drug, and Cosmetic Act and under they continue in effect. animal drug regulations to reflect authority delegated to the Commissioner This is a procedural rule exempt from approval of an abbreviated new animal of Food and Drugs and redelegated to notice and comment under 5 U.S.C. drug application (ANADA) filed by the Center for Veterinary Medicine, 21 533(b)(3)(a). This rule is not a Phoenix Scientific, Inc. The ANADA CFR part 522 is amended as follows: significant rule for purposes of provides for intramuscular use of PART 522ÐIMPLANTATION OR Executive Order 12866 and has not been dinoprost tromethamine sterile solution INJECTABLE DOSAGE FORM NEW reviewed by the Office of Management in cattle, swine, and mares. ANIMAL DRUGS and Budget. This rule does not have a EFFECTIVE DATE: April 1, 1999 significant impact on small business FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 21 CFR entities under the Regulatory Flexibility Lonnie W. Luther, Center For Veterinary part 522 continues to read as follows: Act. Medicine (HFV–102), Food and Drug Authority: 21 U.S.C. 360b. For the reasons set forth in the Administration, 7500 Standish Pl., preamble and under the authority of 22 Rockville, MD 20855, 301–827–0209. § 522.690 [Amended] U.S.C. 2381, revise the heading of SUPPLEMENTARY INFORMATION: Phoenix 2. Section 522.690 Dinoprost chapter II of title 22 of the Code of Scientific, Inc., 3915 South 48th St. tromethamine sterile solution is Federal Regulations to read as follows: Terrace, P.O. Box 6457, St. Joseph, MO amended in paragraph (b) by removing CHAPTER II—AGENCY FOR 64506–0457, filed ANADA 200–253 that ‘‘No. 000009’’ and adding in its place TM INTERNATIONAL DEVELOPMENT provides for use of ProstaMate ‘‘Nos. 000009 and 059130’’. (dinoprost tromethamine injection) for Singleton B. McAllister, Dated: March 18, 1999. intramuscular, veterinary prescription General Counsel. Stephen F. Sundlof, use for estrus synchronization, [FR Doc. 99–7968 Filed 3–31–99; 8:45 am] treatment of unobserved (silent) estrus Director, Center for Veterinary Medicine. BILLING CODE 6116±01±M and pyometra (chronic endometritis) in [FR Doc. 99–7922 Filed 3–31–99; 8:45 am] cattle; for abortion of feedlot and other BILLING CODE 4160±01±F

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ARMS CONTROL AND DISARMAMENT 22 CFR Part 606 misleading and are in need of AGENCY Conflict of interests. clarification. 22 CFR Chapter VI 22 CFR Part 607 Correction of Publication Accordingly, the publication of the Repeal of the Arms Control and Administrative practice and final regulations (TD 8817), that were Disarmament Agency's Regulations procedure, Civil rights, Equal employment opportunity, Federal the subject of FR Doc. 99–2798, is AGENCY: Arms Control and Disarmament buildings and facilities, Individuals corrected as follows: Agency. with disabilities. § 1.6038B±1 [Corrected] ACTION: Final rule. 22 CFR Part 608 1. On page 5715, column 1, SUMMARY: Pursuant to the consolidation Administrative practice and amendatory instruction Par. 2, of the Arms Control and Disarmament procedure, Courts, Government instruction 2. is corrected to read ‘‘2. In Agency (‘‘ACDA’’) and the Department employees. paragraph (b)(1)(i), the first sentence is of State as mandated by the Foreign Accordingly, for the reasons set forth removed and two new sentences are Affairs Agencies Consolidation Act of above, upon the abolition of ACDA added in its place.’’. 1998, this rule repeals ACDA’s public under Public Law 105–277, Parts 601 1a. On page 5715, column 1, regulations in the Code of Federal through 608 of Title 22, Code of Federal § 1.6038B–1(b)(1)(i), lines 4 through 7, Regulations (CFR). Regulations are hereby removed and the language ‘‘paragraph (b)(2) of this DATES: Effective April 1, 1999. chapter VI of Title 22 is vacated. section, or cash, which is subject to FOR FURTHER INFORMATION CONTACT: Dated: March 29, 1999. special rules contained in paragraph Mary Elizabeth Hoinkes, (202)–647– John D. Holum, (b)(3) of this section, any U.S. person 4621. Director, U.S. Arms Control and Disarmament that makes a’’ is corrected to read Agency. ‘‘paragraph (b)(2) of this section, any SUPPLEMENTARY INFORMATION: In order to U.S. person that makes a’’. 1b. On page avoid having duplicative regulations [FR Doc. 99–8129 Filed 3–31–99; 8:45 am] BILLING CODE 6820±32±M 5715, column 1, in § 1.6038B–1(b)(1)(i), after ACDA is consolidated with the a new sentence is added after the first Department of State pursuant to the sentence to read ‘‘For special rules Foreign Affairs Agencies Consolidation DEPARTMENT OF THE TREASURY regarding cash transfers made in tax Act of 1998, Public Law 105–277, this years beginning after February 5, 1999, rule repeals ACDA’s public regulations, Internal Revenue Service see paragraphs (b)(3) and (g) of this which appear in 22 CFR Chapter VI, section.’’. upon the abolition of ACDA under the 26 CFR Part 1 Act. This repeal shall take effect in 2. On page 5715, column 1, accordance with the savings provisions [TD 8817] § 1.6038B–1(b)(3) introductory text, line 2, the language ‘‘foreign corporation at Section 1615(b)–(f) of the Act. RIN 1545±AV70 This rule involves agency must report the’’ is corrected to read ‘‘foreign corporation in a transfer management functions and, therefore, is Notice of Certain Transfers to Foreign described in section 6038B(a)(1)(A) not subject to the procedures required Partnerships and Foreign must report the’’. by 5 U.S.C 553 and 801. It is also Corporations; Correction exempt from review under Executive 3. On page 5715, column 2, Order 12866 but has been reviewed AGENCY: Internal Revenue Service (IRS), § 1.6038B–1(c), line 6, the language internally by ACDA to ensure Treasury. ‘‘section 6038B(a)(1)(A) (including consistency with the purposes thereof. ACTION: Correction to final regulations. cash’’ is corrected to read ‘‘section This amendment has been found to be 6038B(a)(1)(A) (including cash a minor rule within the meaning of the SUMMARY: This document contains transferred in taxable years beginning Small Business Regulatory Enforcement corrections to final income tax after February 5, 1999,’’. Fairness Act of 1996, Public Law 104– regulations that were published in the 4. On page 5715, column 2, 121. It does not require analysis under Federal Register on Friday, February 5, § 1.6038B–1(g), lines 3 through 8, the the Regulatory Flexibility Act or the 1999 (64 FR 5713) relating to certain language ‘‘July 20, 1998, except that the Unfunded Mandates Reform Act. transfers to foreign partnerships and first sentence of paragraph (b)(1)(i), corporations by U.S. persons. List of Subjects paragraph (b)(3), and the first sentence DATES: This correction is effective of paragraph (c) apply to transfers 22 CFR Part 601 February 5, 1999. occurring in taxable years beginning Organization and functions FOR FURTHER INFORMATION CONTACT: after February 5, 1999. See § 1.6038B-’’ (Government agencies). Eliana Dolgoff (202)622–3860 (not a toll- is corrected to read ‘‘July 20, 1998, free number). except that transfers of cash made in 22 CFR Part 602 SUPPLEMENTARY INFORMATION: taxable years beginning on or before Freedom of information. February 5, 1999 are not required to be Background reported under section 6038B. See 22 CFR Part 603 The final regulations that are the § 1.6038B-’’. Privacy. subject of this correction are under § 1.6038B±2 [Corrected] section 6038B of the Internal Revenue 22 CFR Part 604 Code. 5. On page 5717, column 2, Claims. § 1.6038B–2(j)(1)(ii) line 1, the language, Need for Correction ‘‘Filing a Form 926 with the’’ is 22 CFR Part 605 As published, the final regulations corrected to read ‘‘Filing a Form 926 Classified information. contain errors that may prove to be (modified to reflect that the transferee is

VerDate 23-MAR-99 17:27 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\01APR1.XXX pfrm07 PsN: 01APR1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations 15687 a partnership, not a corporation) with § 1.367(a)±3 [Corrected] from a nonqualified deferred the’’. 2. On page 33556, column 1, compensation plan are taken into Cynthia E. Grigsby, § 1.367(a)–3(a), lines 22 through 24, the account as wages for purposes of the Chief, Regulations Unit, Assistant Chief language ‘‘a U.S. person exchanges stock employment taxes imposed by the Counsel (Corporate). of one foreign corporation for stock of Federal Insurance Contributions Act [FR Doc. 99–7793 Filed 3–31–99; 8:45 am] another foreign corporation in a (FICA). BILLING CODE 4830±01±U reorganization’’ is corrected to read ‘‘a DATES: This correction is effective U.S. person exchanges stock of a foreign January 29, 1999. corporation in a reorganization’’. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY 3. On page 33556, column 1, Janine Cook, Linda E. Alsalihi, or § 1.367(a)–3(a), line 27, the language Margaret Owens, (202) 622–6040 (not a Internal Revenue Service ‘‘domestic corporation for stock of a’’ is toll-free number). corrected to read ‘‘domestic or foreign 26 CFR Parts 1, 7, and 602 corporation for stock of a’’. SUPPLEMENTARY INFORMATION: 4. On page 33559, column 1, ground [TD 8770] § 1.367(a)–3(d)(3), paragraph (ii) of Example 6, line 10, the language The final regulations that are the subject of these corrections are under RIN 1545±AP81 and 1545±AI32 ‘‘§ 1.367(a)–8(g)(3)(i) (which includes the’’ is corrected to read § 1.367(a)– section 3121 of the Internal Revenue Certain Transfers of Stock or 8(g)(3) (which includes the’’. Code. Securities by U.S. Persons to Foreign Need for Correction Corporations and Related Reporting § 1.367(b)±4 [Corrected] As published, TD 8814 contains errors Requirements; Correction 5. On page 33568, column 1, § 1.367(b)–4(b)(5)(i), line 4, the language which may prove to be misleading and AGENCY: Internal Revenue Service (IRS), ‘‘transaction described in paragraph are in need of clarification. Treasury. (b)(1)’’ is corrected to read ‘‘transaction Correction of Publication ACTION: Correction to final regulations. described in paragraph (a)’’. 6. On page 33568, column 2, Accordingly, the publication of the SUMMARY: This document contains § 1.367(b)–4(b)(5)(ii), paragraph (ii) of final regulations (TD 8814), which were corrections to Treasury Decision 8770, the Example, line 2, the language ‘‘an the subject of FR Doc. 99–1663, is which was published in the Federal exchange described in paragraph (b) of’’ corrected as follows: Register on Friday, June 19, 1998 (63 FR is corrected to read ‘‘an exchange 1. On page 4542, column 1, in the 33550) relating to certain transfers of described in paragraph (a) of’’. regulation heading, line 5, the language stock or securities by U.S. persons to ‘‘RIN 1545–AT27’’ is corrected to read foreign corporations pursuant to the § 1.6038B±1 [Corrected] ‘‘RIN 1545–AF97’’. 7. On page 33569, column 1, corporate organization and § 31.3121(v)(2)±1 [Corrected] reorganization provisions of the Internal § 1.6038B–1(b)(2)(i) introductory text, 2. On page 4550, column 3, Revenue Code, and the reporting line 4, the language ‘‘in section § 31.3121(v)(2)–1(b)(5), paragraph (i) of requirements related to such transfers. 6038(a)(1)(A) will be’’ is corrected to read ‘‘in section 6038B(a)(1)(A) will be’’. Example 10, line 9, the language DATES: These corrections are effective ‘‘employee’s designated beneficiary in a July 20, 1998. Cynthia E. Grigsby, Chief, Regulations Unit, Assistant Chief single’’ is corrected to read ‘‘employee’s FOR FURTHER INFORMATION CONTACT: Counsel (Corporate). designated beneficiary in a single Philip L. Tretiak, (202) 622–3860 (not a [FR Doc. 99–7792 Filed 3–31–99; 8:45 am] lump’’. toll-free number). 3. On page 4551, column 1, BILLING CODE 4830±01±U ` SUPPLEMENTARY INFORMATION: § 31.3121(v)(2)–1(b)(5), paragraph (ii) of Example 10, line 3 from the bottom of Background DEPARTMENT OF THE TREASURY the paragraph, the language ‘‘payable in The final regulations that are the the event of the Employee E’s’’ is subject of these corrections are under Internal Revenue Service corrected to read ‘‘payable in the event sections 367 and 6038B of the Internal of Employee E’s’’. Revenue Code. 26 CFR Parts 31 and 602 4. On page 4551, column 1, [TD 8814] § 31.3121(v)(2)–1(b)(5), paragraph (ii) of Need for Correction Example 11, line 4 from the bottom of As published, TD 8770 contains errors RIN 1545±AF97 the paragraph, the language ‘‘E under which may prove to be misleading and the plan during the Employee E’s’’ is Federal Insurance Contributions Act are in need of clarification. corrected to read ‘‘E under the plan (FICA) Taxation of Amounts Under during Employee E’s’’. Correction of Publication Employee Benefit Plans; Correction 5. On page 4566, column 3, Accordingly, the publication of the AGENCY: Internal Revenue Service (IRS), § 31.3121(v)(2)–1(g)(5), paragraph (i) of final regulations (TD 8770), which was Treasury. Example 8, line 14, the language ‘‘Based the subject of FR Doc. 98–15454, is ACTION: Correction to final regulations. Employer R’s estimate that Employee’’ corrected as follows: is corrected to read ‘‘Based on Employer 1. On page 33555, column 2, in the SUMMARY: This document contains R’s estimate that Employee’’. preamble under the paragraph heading corrections to Treasury Decision 8814, 6. On page 4566, column 3, ‘‘Effective Dates’’, line 19, the language which was published in the Federal § 31.3121(v)(2)–1(g)(5), paragraph (i) of ‘‘a United States shareholder but does’’ Register on Friday, January 29, 1999 (64 Example 8, line 5 from the bottom of the is corrected to read ‘‘a United States FR 4542) that provides guidance as to paragraph, the language ‘‘which shareholder but does not’’. when amounts deferred under or paid Employee R has a legally binding right’’

VerDate 23-MAR-99 17:27 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\01APR1.XXX pfrm07 PsN: 01APR1 15688 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations is corrected to read ‘‘which Employee F Authority: 26 U.S.C. 7805. SUPPLEMENTARY INFORMATION: has a legally binding right’’. § 602.101 [Corrected] What Is an SIP? Cynthia E. Grigsby, Par. 2. In § 602.101, paragraph (a), Chief, Regulations Unit, Assistant Chief Section 110 of the Clean Air Act second sentence, the language Counsel (Corporate). (CAA) requires states to develop air ‘‘(together with 26 CFR 601.9000)’’ is [FR Doc. 99–7791 Filed 3–31–99; 8:45 am] pollution regulations and control removed. strategies to ensure that state air quality BILLING CODE 4830±01±U Par. 3. In § 602.101, paragraph (b) is meets the national ambient air quality removed and paragraph (c) is standards established by EPA. These redesignated as paragraph (b). DEPARTMENT OF THE TREASURY ambient standards are established under Cynthia E. Grigsby, section 109 of the CAA, and they Internal Revenue Service Chief, Regulations Unit, Assistant Chief currently address six criteria pollutants. Counsel (Corporate). These pollutants are: carbon monoxide, 26 CFR Part 602 [FR Doc. 99–7823 Filed 3–31–99; 8:45 am] nitrogen dioxide, ozone, lead, [TD 8011] BILLING CODE 4830±01±U particulate matter, and sulfur dioxide. Each state must submit these OMB Control Numbers Assigned regulations and control strategies to EPA Pursuant to the Paperwork Reduction ENVIRONMENTAL PROTECTION for approval and incorporation into the Act; Correction AGENCY Federally enforceable SIP. AGENCY: Internal Revenue Service (IRS), 40 CFR Part 52 The CAA requires each state to have Treasury. a Federally approved SIP which protects ACTION: Correcting amendment. [MO 067±1067a; FRL±6315±9] air quality primarily by addressing air pollution at its point of origin. These Approval and Promulgation of SUMMARY: This document contains SIPs can be extensive, containing state Implementation Plans; State of corrections to final regulations (TD regulations or other enforceable Missouri 8011), which were published in the documents and supporting information Federal Register on Thursday, March AGENCY: Environmental Protection such as emission inventories, 14, 1985 (50 FR 10221) relating to the Agency (EPA). monitoring networks, and modeling displaying of OMB control numbers on demonstrations. this agency’s regulations that solicit or ACTION: Direct final rule. What Is the Federal Approval Process obtain information from the public. SUMMARY: EPA is announcing direct for an SIP? DATES: This correction is effective final approval of revisions to Missouri’s November 12, 1996. Open Burning Rule (10 CSR 10–3.030) In order for state regulations to be FOR FURTHER INFORMATION CONTACT: and Sampling Methods Rule (10 CSR incorporated into the Federally Marshall Feiring, (202) 622–3940, (not a 10–6.030) as an amendment to the enforceable SIP, states must formally toll-free number). Missouri State Implementation Plan adopt the regulations and control SUPPLEMENTARY INFORMATION: (SIP). This action will update the SIP strategies consistent with state and rules to include revisions which add Background Federal requirements. This process sampling methods and otherwise generally includes a public notice, The final regulations that are the improve the clarity of the rules. public hearing, public comment period, subject of these corrections displays this DATES: This direct final rule is effective and a formal adoption by a state- agency’s control numbers and on June 1, 1999 without further notice, authorized rulemaking body. implemented requirements of unless EPA receives adverse comment Once a state rule, regulation, or regulations promulgated by the Office of by May 3, 1999. If adverse comment is control strategy is adopted, the state Management and Budget pursuant to the received, EPA will publish a timely submits it to EPA for inclusion into the Paperwork Reduction Act of 1980. withdrawal of the direct final rule in the SIP. EPA must provide public notice Need for Correction Federal Register and inform the public and seek additional public comment As published, final regulations (TD that the rule will not take effect. regarding the proposed Federal action 8011) contain errors which may prove to ADDRESSES: All comments should be on the state submission. If adverse be misleading and are in need of addressed to Joshua A. Tapp at the comments are received, they must be clarification. Environmental Protection Agency, Air addressed prior to any final Federal Planning and Development Branch, 726 action by EPA. List of Subjects in 26 CFR Part 602 Minnesota Avenue, Kansas City, Kansas All state regulations and supporting Reporting and recordkeeping 66101. information approved by EPA under requirements. Copies of the state submittals are section 110 of the CAA are incorporated available at the following addresses for Correcting Amendment to Regulations into the Federally approved SIP. inspection during normal business Records of such SIP actions are Accordingly, 26 CFR part 602 is hours: Environmental Protection maintained in the Code of Federal corrected by making the following Agency, Air Planning and Development Regulations (CFR) at Title 40, Part 52 correcting amendments: Branch, 726 Minnesota Avenue, Kansas entitled ‘‘Approval and Promulgation of City, Kansas 66101; and the PART 602ÐOMB CONTROL NUMBERS Implementation Plans.’’ The actual state Environmental Protection Agency, Air regulations which are approved are not UNDER THE PAPERWORK and Radiation Docket and Information REDUCTION ACT reproduced in their entirety in the CFR Center, Air Docket (6102), 401 M Street, but are incorporated by reference, which Paragraph 1. The authority citation SW, Washington, D.C. 20460. means that EPA has approved a given for part 602 continues to read as FOR FURTHER INFORMATION CONTACT: state regulation with a specific effective follows: Joshua A. Tapp at (913) 551–7606. date.

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What Does Federal Approval of a State MDNR has added the Federal reference government unless the Federal Regulation Mean to Me? test method for condensible particulate government provides the funds Enforcement of the state regulation matter (method 202) to Subsection necessary to pay the direct compliance before and after it is incorporated into (5)(E). MDNR has also added the Federal costs incurred by those governments or the Federally approved SIP is primarily reference test method for visible EPA consults with those governments. If a state responsibility. However, after the emissions (method 22) to Subsection EPA complies by consulting, E.O. 12875 regulation is Federally approved, EPA is (9)(B). requires EPA to provide to the OMB a description of the extent of EPA’s prior authorized to take enforcement action What Action Is Being Taken by EPA? consultation with representatives of against violators. Citizens are also MDNR submitted the Out-State Open affected state, local, and tribal offered legal recourse to address Burning Rule (10 CSR 10–3.030) and the governments, the nature of their violators as described in the CAA. Sampling Methods Rule (10 CSR 10– concerns, copies of any written What Is Being Addressed in This 6.030) for incorporation into the communications from the governments, Document? Federally approved SIP on November and a statement supporting the need to On November 13, 1998, the Missouri 13, 1998, and on December 7, 1998, issue the regulation. In addition, E.O. Department of Natural Resources respectively. 12875 requires EPA to develop an (MDNR) submitted revisions to rule 10 EPA has reviewed these submittals effective process permitting elected CSR 10–3.030 entitled ‘‘Open Burning which consolidate rule language, clarify officials and other representatives of Restrictions.’’ A public hearing was held rule language, and add Federal reference state, local, and tribal governments ‘‘to provide meaningful and timely input in on the revisions to this rule on March sampling methods. These submittals the development of regulatory proposals 26, 1998. Following a response to meet applicable statutory, regulatory, containing significant unfunded comments, the Missouri Air and policy guidelines. EPA is therefore taking direct final mandates.’’ Conservation Commission (MACC) Today’s rule does not create a adopted these revisions on April 30, action to approve these rule revisions as amendments to the Missouri SIP. mandate on state, local, or tribal 1998, and they became effective on governments. The rule does not impose August 30, 1998. EPA is publishing this rule without prior proposal, because the Agency any enforceable duties on these entities. On December 7, 1998, the MDNR Accordingly, the requirements of submitted revisions to rule 10 CSR 10– views this as a noncontroversial submittal and anticipates no adverse section 1(a) of E.O. 12875 do not apply 6.030 entitled ‘‘Sampling Methods for to this rule. Air Pollution Sources.’’ A public comments. However, in the proposed hearing was held on the revisions to this rules section of this Federal Register C. E.O. 13045 publication, EPA is publishing a rule on June 25, 1998. No comments Protection of Children from were submitted. Consequently, on July separate document that will serve as the proposal to approve the SIP revision Environmental Health Risks and Safety 30, 1998, the MACC adopted these Risks (62 FR 19885, April 23, 1997) revisions, and on November 30, 1998, should adverse comments be filed. This rule will be effective June 1, 1999 applies to any rule that: (1) Is they became effective. determined to be ‘‘economically In each of its submittal letters, MDNR without further notice unless the Agency receives adverse comments by significant’’ as defined under E.O. 12866 has requested that EPA revise the and (2) concerns an environmental Missouri SIP to include the changes May 3, 1999. If EPA receives such comments, then health or safety risk that EPA has reason incorporated into these rules. to believe may have a disproportionate The three most significant revisions EPA will publish a document withdrawing the final rule and effect on children. If the regulatory incorporated by MDNR into rule 10 CSR action meets both criteria, the Agency 10–3.030 include: (1) A consolidation of informing the public that the rule will not take effect. All public comments must evaluate the environmental health the open burning restriction provisions or safety effects of the planned rule on into one section; (2) a new provision received will then be addressed in a subsequent final rule based on the children and explain why the planned that requires certain sources which regulation is preferable to other obtain a permit to conduct open burning proposed rule. EPA will not institute a second comment period. Parties potentially effective and reasonably to utilize an air curtain destructor; and feasible alternatives considered by the (3) revisions which allow open burning interested in commenting should do so at this time. If no such comments are Agency. during emergency response situations, This rule is not subject to E.O. 13045, received, the public is advised that this to protect human health or for because it is not an economically rule will be effective on June 1, 1999 authorized natural resource significant regulatory action as defined and no further action will be taken on management. It should be noted that by E.O. 12866 and does not concern an the proposed rule. this rule pertains to out-state Missouri environmental health or safety risk that only. It does not include Kansas City, St. Administrative Requirements EPA has reason to believe may have a Louis, or Springfield. disproportionate effect on children. Missouri has made two basic types of A. Executive Order (E.O.) 12866 revisions to rule 10 CSR 10–6.030 The Office of Management and Budget D. E.O. 13084 relating to reference sampling methods. (OMB) has exempted this regulatory Under E.O. 13084, Consultation and The first type of revision is to clarify the action from E.O. 12866, entitled Coordination with Indian Tribal meaning and intent of the reference ‘‘Regulatory Planning and Review.’’ Governments, EPA may not issue a method citations by making non- regulation that is not required by substantive word changes. The second B. E.O. 12875 statute, that significantly or uniquely type of revision that was made was to Under E.O. 12875, Enhancing the affects the communities of Indian tribal add certain Federal reference sampling Intergovernmental Partnership, EPA governments, and that imposes methods to the Missouri rule. may not issue a regulation that is not substantial direct compliance costs on Specifically, two test methods were required by statute and that creates a those communities, unless the Federal added to the rule during this revision. mandate upon a state, local, or tribal government provides the funds

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.002 pfrm03 PsN: 01APR1 15690 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations necessary to pay the direct compliance may result in estimated annual costs to reference, Nitrogen dioxide, Ozone, costs incurred by the tribal governments state, local, or tribal governments in the Particulate matter, Reporting and or EPA consults with those aggregate; or to private sector, of $100 recordkeeping requirements, Volatile governments. If EPA complies by million or more. Under section 205, organic compounds. consulting, E.O. 13084 requires EPA to EPA must select the most cost-effective Dated: March 16, 1999. provide to the OMB, in a separately and least burdensome alternative that Dennis Grams, identified section of the preamble to the achieves the objectives of the rule and rule, a description of the extent of EPA’s is consistent with statutory Regional Administrator, Region VII. prior consultation with representatives requirements. Section 203 requires EPA Part 52, Chapter I, Title 40 of the Code of affected tribal governments, a to establish a plan for informing and of Federal Regulations is amended as summary of the nature of their concerns, advising any small governments that follows: and a statement supporting the need to may be significantly or uniquely issue the regulation. In addition, E.O. impacted by the rule. PART 52Ð[AMENDED] EPA has determined that the approval 13084 requires EPA to develop an 1. The authority citation for Part 52 action promulgated does not include a effective process permitting elected continues to read as follows: officials and other representatives of Federal mandate that may result in Indian tribal governments ‘‘to provide estimated annual costs of $100 million Authority: 42 USC 7401–7671q. meaningful and timely input in the or more to either state, local, or tribal Subpart AAÐMissouri development of regulatory policies on governments in the aggregate, or to the matters that significantly or uniquely private sector. This Federal action 2. Section 52.1320 is amended by affect their communities.’’ This action approves pre-existing requirements adding new paragraph (c)(112) to read does not significantly or uniquely affect under state or local law and imposes no as follows: tribal communities, so E.O. 13084 does new requirements. Accordingly, no not apply. additional costs to state, local, or tribal § 52.1320 Identification of plan. governments, or to the private sector, * * * * * E. Regulatory Flexibility Act result from this action. (c) * * * The Regulatory Flexibility Act (112) Revisions submitted on G. Submission to Congress and the generally requires an agency to conduct November 13, 1998, and December 7, Comptroller General a regulatory flexibility analysis of any 1998, by the MDNR that modify rule subject to notice and comment The Congressional Review Act, 5 Missouri’s Out-state Open Burning Rule rulemaking requirements, unless the U.S.C. 801 et seq., as added by the Small and add sampling methods to Missouri’s agency certifies that the rule will not Business Regulatory Enforcement Sampling Method Rule, respectively. have a significant economic impact on Fairness Act of 1996, generally provides (i) Incorporation by reference: a substantial number of small entities. that before a rule may take effect, the (A) Revisions to Missouri rule 10 CSR Small entities include small businesses, agency promulgating the rule must 10–3.030 entitled ‘‘Open Burning small not-for-profit enterprises, and submit a rule report, which includes a Restrictions,’’ effective August 30, 1998. small governmental jurisdictions. This copy of the rule, to each House of the (B) Revisions to Missouri rule 10 CSR final rule will not have a significant Congress and to the Comptroller General 10–6.030 entitled ‘‘Sampling Methods impact on a substantial number of small of the United States. EPA will submit a for Air Pollution Sources,’’ effective entities, because SIP approvals under report containing this rule and other November 30, 1998. section 110 and Subchapter I, Part D of required information to the U.S. Senate, [FR Doc. 99–7905 Filed 3–31–99; 8:45 am] the CAA do not create any new the U.S. House of Representatives, and requirements but simply approve the U.S. Comptroller General prior to BILLING CODE 6560±50±P requirements that the state is already publication of the rule in the Federal imposing. Therefore, because the Register. This rule is not a ‘‘major rule’’ Federal SIP approval does not create as defined by 5 U.S.C. 804(2). DEPARTMENT OF LABOR any new requirements, I certify that this action will not have a significant H. Petitions for Judicial Review Office of Federal Contract Compliance economic impact on a substantial Under section 307(b)(1) of the CAA, Programs number of small entities. Moreover, due petitions for judicial review of this 41 CFR Parts 60±250 and 60±999 to the nature of the Federal-state action must be filed in the United States relationship under the CAA, preparation Court of Appeals for the appropriate Affirmative Action and of flexibility analysis would constitute circuit by June 1, 1999. Filing a petition Nondiscrimination Obligations of Federal inquiry into the economic for reconsideration by the Administrator Contractors and Subcontractors reasonableness of state action. The CAA of this final rule does not affect the Regarding Special Disabled Veterans forbids EPA to base its actions finality of this rule for the purposes of and Vietnam Era Veterans; OMB concerning SIPs on such grounds. judicial review, nor does it extend the Control Numbers for OFCCP Union Electric Co., v. U.S. EPA, 427 time within which a petition for judicial Information Collection Requirements U.S. 246, 255–66 (1976); 42 U.S.C. review may be filed, and shall not 7410(a)(2). postpone the effectiveness of such rule AGENCY: Office of Federal Contract or action. This action may not be Compliance Programs (OFCCP), Labor. F. Unfunded Mandates challenged later in proceedings to ACTION: Final rule. Under section 202 of the Unfunded enforce its requirements. [See section Mandates Reform Act of 1995 307(b)(2).] SUMMARY: This rule informs the public (‘‘Unfunded Mandates Act’’), signed that the Office of Management and into law on March 22, 1995, EPA must List of Subjects in 40 CFR Part 52 Budget (OMB) has approved, under the prepare a budgetary impact statement to Environmental protection, Air Paperwork Reduction Act of 1995 accompany any proposed or final rule pollution control, Carbon monoxide, (PRA), the collection of information that includes a Federal mandate that Hydrocarbons, Incorporation by requirements contained in the OFCCP

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.004 pfrm03 PsN: 01APR1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations 15691 rule published on November 4, 1998, In accordance with OMB DEPARTMENT OF THE INTERIOR which revised the regulations recommendations, 5 CFR 1320.3(f)(3), implementing the affirmative action OFCCP publishes a single table in 41 Fish and Wildlife Service provisions of the Vietnam Era Veterans’ CFR part 60–999 that lists the OMB- 50 CFR Part 17 Readjustment Assistance Act of 1974, as assigned control numbers for amended (VEVRAA). OMB has information collection requirements RIN 1018±AE38 approved of these revisions under contained in OFCCP rules. The list of existing PRA control numbers. This rule OMB-assigned control numbers Endangered and Threatened Wildlife republishes the table of OMB central published at 41 CFR Part 60–999 is and Plants; Final Rule To List the numbers in the Code of Federal republished and remains unchanged. Flatwoods Salamander as a Regulations. Threatened Species List of Subjects in 41 CFR Part 60–999 DATES: This rule is effective April 1, AGENCY: Fish and Wildlife Service, 1999. Information collection Reporting and recordkeeping Interior. requirements contained in the final rule requirements. ACTION: Final rule. which revised part 60–250 published at Signed at Washington, D.C. this 25th day 63 FR 59630 have been approved by SUMMARY: We, the Fish and Wildlife OMB and must be complied with as of of March, 1999. Service, determine the flatwoods April 1, 1999. Bernard E. Anderson, salamander (Ambystoma cingulatum) to FOR FURTHER INFORMATION CONTACT: Assistant Secretary for Employment be a threatened species under the James I. Melvin, Director, Division of Standards authority of the Endangered Species Act Policy, Planning, and Program Shirley J. Wilcher, of 1973, as amended (Act). This Development, Office of Federal Contract Deputy Assistant Secretary for Federal salamander occurs in isolated Compliance Programs, Room N3424, Contract Compliance. populations scattered across the lower 200 Constitution Avenue, NW, southeastern Coastal Plain in Florida, Part 60–999 of title 41 of the Code of Georgia, and South Carolina. Habitat Washington DC 20210. Telephone: (202) Federal Regulations is hereby amended 693–0102 (voice). Copies of this rule in loss and degradation from agriculture, as follows: alternate formats may be obtained by urbanization, and silvicultural practices have resulted in the loss of more than calling OFCCP at (202) 693–0102 PART 60±999Ð[AMENDED] (voice). The alternate formats available 80 percent of its pine flatwoods habitat. Surviving populations are currently are large print, an electronic file on 1. The authority citation for part 60– threatened by the continued destruction computer disk and audiotape. This 999 continues to read as follows: document also is available on the and degradation of their habitat. This Internet at http://www.dol.gov/dol/esa. Authority: 44 U.S.C. Ch. 35. action extends the protection of the Act for the flatwoods salamander. SUPPLEMENTARY INFORMATION: 2. Section 60–999.2 is republished EFFECTIVE DATE: May 3, 1999. Paperwork Reduction Act Approval further convenience of the reader to read follows: ADDRESSES: The complete On November 4, 1998, OFCCP administrative file for this rule is published a final rule (63 FR 59630) § 60±999.2 Display. available for inspection, by revising its regulations at 41 CFR part appointment, during normal business 60–250 implementing the affirmative 41 CFR Part where hours at the U.S. Fish and Wildlife the information collec- Current OMB control Service, Jackson Field Office, 6578 action provisions of the Vietnam Era tion requirement is lo- No. Veterans’ Readjustment Assistance Act cated Dogwood View Parkway, Jackson, of 1974, as amended, 38 U.S.C. 4212 Mississippi 39213. (VEVRAA). VEVRAA requires Part 60±1 ...... 1215±0072, 1215± FOR FURTHER INFORMATION CONTACT: Ms. Government contractors and 0131, 1215±0163. Linda LaClaire at the above address, or subcontractors to take affirmative action Part 60±2 ...... 1215±0072. telephone 601/965–4900, extension 26; to employ and advance in employment Part 60±3 ...... 3046±0017 facsimile 601/965–4340. Part 60±4 ...... 1215±0163. qualified special disabled veterans, SUPPLEMENTARY INFORMATION: veterans of the Vietnam era, and other Part 60±20 ...... 1215±0072, 1215± designated veterans. 0163. Background Part 60±30 ...... 1215±0072, 1215± OFCCP reviewed the collection of 0163. The earliest reference to the flatwoods information aspects of the rule in Part 60±40 ...... 1215±0072, 1215± salamander, Ambystoma cingulatum, accordance with the PRA and OMB 0163. was by Cope in 1867 from specimens he implementing regulations published at 5 Part 60±50 ...... 1215±0072, 1215± collected in Jasper County, South CFR part 1320. OFCCP believes that the 0163. Carolina (referenced in Martof 1968). rule will not result in an increase in Part 60±250 ...... 1215±0072, 1215± This salamander is a member of the paperwork burdens from what was 0131, 1215±0163. family Ambystomatidae, the mole previously required by the OFCCP Part 60±741 ...... 1215±0072, 1215± salamanders, which contains 15 North regulations. In accordance with the 0131, 1215±0163. American species. Shaffer et al. 1991, PRA, OFCCP submitted to OMB the conducted a phylogenetic (evolutionary information collection requirements [FR Doc. 99–7835 Filed 3–31–99; 8:45 am] history or genealogy) analysis of contained in the rule. OMB approved BILLING CODE 4510±27±M ambystomatid salamanders and the information collection requirements determined that the flatwoods in the rule as revisions to existing PRA salamander is most closely related to the control numbers 1215–0163 ringed salamander (A. annulatum), (Construction) and 1215–0072 (Supply which occurs in portions of Arkansas, and Service). Missouri, and Oklahoma.

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The flatwoods salamander is a Adult and subadult flatwoods Williamson 1976, Means 1986). Egg slender, small-headed mole salamander salamanders are fossorial (adapted for masses have also been found at the that rarely exceeds 13 centimeters (cm) living underground) (Mount 1975). They entrances of and within crayfish (approximately 5 inches (in)) in length enlarge crayfish burrows (Ashton 1992) burrows (Anderson and Williamson when fully mature (Means 1986, Conant or build their own. Captive flatwoods 1976). Embryos begin development and Collins 1991, Ashton 1992). Adult salamanders have been observed digging immediately, but the egg must be dorsal color ranges from black to burrows and resting at night with just inundated before it will hatch. chocolate-black with highly variable, the tip of their heads exposed (Goin Depending on when eggs are inundated, fine, light gray lines forming a netlike or 1950). Preliminary data indicate that the larvae usually metamorphose cross-banded pattern across the back flatwoods salamander males first breed (change into adult form) in March or (Palis 1996). Undersurfaces are plain at 1 year of age and females at 2 years April; the length of the larval period gray to black with a few creamy or of age (Palis 1996). There are no data on varies from 11 to 18 weeks (Palis pearl-gray blotches or spots. Sexual survivorship by age class for the species. 1995d). dimorphism (the existence of separable The longevity record for their close The timing and frequency of rainfall male and female forms) is only apparent relative, A. annulatum, is 4 years, 11 are critical to the successful in breeding males (swollen cloacal months; however, many reproduction and recruitment of region) or in gravid (with fertilized eggs) Ambystomatidae live 10 years or longer flatwoods salamanders. Fall rains are females. Adults most closely resemble (Snider and Bowler 1992). An adult required to facilitate movements to the Mabee’s salamander, A. mabeei, with female flatwoods salamander has been pond and winter rains are needed to which it shares part of its range in South maintained in captivity for 4 years, 4 ensure that ponds are filled sufficiently Carolina (Martof 1968). Mabee’s months (R. Ashton pers. comm. 1998). to allow hatching, development, and salamanders are often more brownish; Adult flatwoods salamanders move to metamorphosis of larvae. In contrast, have light flecking concentrated on their their wetland breeding sites during too much rainfall in the summer will sides rather than the overall pattern of rainy weather, in association with cold keep pond levels from dropping below the flatwoods salamander; and have a fronts, from October to December (Palis the grassy pond edge, as needed to single row of jaw teeth as opposed to 1997a). Breeding sites are isolated (not provide dry substrate for egg deposition. multiple rows in the flatwoods connected to any other water body) This reliance on specific weather salamander (Conant and Collins 1991). pond cypress (Taxodium ascendens), conditions results in unpredictable blackgum (Nyssa sylvatica var. biflora), breeding events and reduces the Flatwoods salamander larvae are long or slash pine dominated depressions likelihood that recruitment will occur and slender, broad-headed and bushy- which dry completely on a cyclic basis. every year. gilled, with white bellies and striped They are generally shallow and Adult flatwoods salamanders leave sides (Means 1986, Ashton 1992, Palis relatively small. Breeding sites in the pond site after breeding. Studies 1995d). They have distinctive color Florida have a mean size of 1.49 have suggested a homing ability, based patterns, typically a tan mid-dorsal hectares (ha) (3.68 acres (ac)) and a on data that salamanders exit the (middle of upper surface) stripe mean depth of less than 39.2 cm (15.4 breeding pond near the point of their followed by a grayish black dorsolateral in) (Palis 1997b). These wetlands have arrival (Palis 1997a). In a study by (back and sides) stripe, a pale cream a marsh-like appearance with sedges Ashton (1992), flatwoods salamanders mid-lateral (side) stripe, a blue-black often growing throughout and were found greater than 1,700 m (1,859 lower lateral stripe, and a pale yellow wiregrasses (Aristida sp.), panic grasses yards (yd)) from their breeding pond. ventrolateral (belly) stripe (Palis 1995d). (Panicum spp.), and other herbaceous Thus, a flatwoods salamander The head has a dark brown stripe species concentrated in the shallow population has been defined as those passing through the eye from the nostril water edges. Trees and shrubs grow both salamanders using breeding sites within to the gills (Means 1986). in and around the ponds. A relatively 3.2 kilometers (km) (2 miles (mi)) of Optimum habitat for the flatwoods open canopy is necessary to maintain each other, barring an impassable salamander is an open, mesic (moderate the herbaceous component, which barrier such as a perennial stream (Palis moisture) woodland of longleaf/slash serves as cover for flatwoods 1997b). pine (Pinus palustris/P. elliottii) salamander larvae and their aquatic Flatwoods salamanders need to flatwoods maintained by frequent fires. invertebrate prey. Sekerak et al. 1996, maintain moist skin for respiration and Pine flatwoods are typically flat, low- did not capture flatwoods salamander osmoregulation (to control the amounts lying open woodlands that lie between larvae in sample plots with a high of water and salts in their bodies) the drier sandhill community upslope proportion of detritus (loose material (Duellman and Trueb 1986). Since they and wetlands down slope (Wolfe et al. from the disintegration of rocks and may disperse long distances from their 1988). An organic hardpan, 0.3 to 0.7 organic material) or open water in a breeding ponds to upland sites where meters (m) (1 to 2 feet (ft)) into the soil study on the Apalachicola National they live as adults, desiccation (drying profile, inhibits subsurface water Forest in Florida. Ponds typically have out) can be a limiting factor in their penetration and results in moist soils a burrowing crayfish fauna (genus movements. Thus, it is important that with water often at or near the surface Procambarus) and a diverse areas connecting their wetland and (Wolfe et al. 1988). Historically, longleaf macroinvertebrate fauna, but lack large terrestrial habitats are protected in order pine generally dominated the flatwoods predatory fish (e.g., Lepomis (sunfish), to provide cover and appropriate with slash pine restricted to the wetter Macropterus (bass), Amia calva moisture regimes during their migration. areas (Wolfe et al. 1988). Wiregrasses (bowfin)). Using the available information on (Aristida sp.), especially A. beyrichiana, Before the breeding sites become distances traveled by six species from are often the dominant grasses in the flooded, the males and females court. their breeding sites to terrestrial herbaceous (non-woody) ground cover The females lay their eggs (singly or in habitats, Semlitsch (1998) determined (Wolfe et al. 1988). The ground cover clumps) beneath leaf litter, under logs the size area around a wetland needed supports a rich herbivorous invertebrate and sphagnum moss (grows in wet acid to protect pond-breeding ambystomatid community that serves as a food source areas) mats, or at bases of bushes, small salamanders. The mean distance for the flatwoods salamander. trees, or clumps of grass (Anderson and transversed by the six species was 164.3

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.007 pfrm03 PsN: 01APR1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations 15693 m (534 ft). This value was used as a appropriate habitat throughout this area one another are considered the same radius to generate a buffer zone (Means pers. comm. 1995). The present population) (Seyle 1994; Jensen 1995; surrounding a breeding site. Semlitsch distribution of the flatwoods salamander Moulis 1995a, 1995b; Jensen and estimated this area would encompass consists of isolated populations Johnson 1998; K. Lutz, The Nature 95% of a population of any of the study scattered across the remaining longleaf Conservancy of Georgia pers. comm. species, but cautioned that this may be pine/slash pine flatwoods. We have 1994; D. Stevenson, The Nature an underestimate of the habitat used by compiled 110 historical records for the Conservancy of Georgia pers. comm. other species, including the flatwoods flatwoods salamander. Historical 1996; L. LaClaire pers. obs. 1995, 1997). salamander. He further clarified that his records are defined as those localities Most of these breeding sites occur on definition of a buffer zone focused on found before 1990. Localities consist of Fort Stewart Military Installation. the conservation of local populations collections made either by sampling In South Carolina, there are 29 and did not take into account habitat breeding sites or of individuals crossing historical records for the flatwoods quality or the issues of metapopulation highways on their way to or from salamander. Despite annual surveys dynamics and landscape-level breeding sites. During surveys of these since 1990, flatwoods salamanders have processes. A metapopulation is an localities over the last 8 years, 97 been relocated at only three of these interacting network of local historical records were visited. sites (all sites represent a different subpopulations with varying Flatwoods salamanders were relocated population). One site is located on the frequencies of migration and gene flow at only 12 localities (12 percent). The Francis Marion National Forest and the among them. Local subpopulations may exact site was located for 52 records (47 other two are on private land. A new become extinct, but can be reestablished percent) and the general area (within flatwoods salamander breeding site, by individuals from other several miles) was determined for 45 representing a fourth population, was subpopulations. others (41 percent). Thirteen sites could recently found on the Francis Marion High quality habitat for the flatwoods not be located due to limited National Forest (Moulis pers. comm. salamander includes a number of information in the record. 1998) during state-wide surveys of isolated wetland breeding sites within a Range-wide surveys of available approximately 118 wetlands considered landscape of longleaf pine/slash pine habitat in Alabama, Florida, Georgia, to be potential habitat for this species. flatwoods having an abundant and South Carolina have been ongoing In Florida, 39 of the 43 historical sites herbaceous ground cover (Sekerak since 1990 in an effort to locate new were relocated (or the general area 1994). Since temporary ponds are not populations. A total of at least 1,303 thought to be the location). Nine (23 likely permanent fixtures of the wetlands, which had a minimum of percent) contained flatwoods landscape due to succession, there will marginal suitability for the flatwoods salamanders. Additional survey work be inevitable extinctions of local salamander, were sampled, most of over the past 8 years, in 23 counties and populations (Semlitsch 1998). By them multiple times. Of these, at least 530 wetlands with potential maintaining a mosaic of ponds with flatwoods salamanders were found at habitat, resulted in the location of 81 varying hydrologies and by providing 110 sites (8 percent success rate). Most new breeding sites (15 percent of total terrestrial habitats for use as surveys were presence/absence searches sites surveyed). Fifty-six (69 percent) of colonization corridors, some protection for larvae in the grassy edges of ponds these new breeding sites occur in against extinction can be achieved. A and we cannot infer an estimate of total Liberty and Okaloosa counties. These mosaic of ponds will ensure that population size or viability from these sites were found due to extensive appropriate breeding conditions will be data. surveys of the Apalachicola National achieved under different climatic Information on the current status of Forest and Eglin Air Force Base, both of regimes. Colonization corridors will the flatwoods salamander by State which contain some of the best allow movement of salamanders to new follows: remaining pine flatwoods habitat in the breeding sites or previously occupied In Alabama, there are five historical Southeast. The total number of extant ones (Semlitsch 1998). localities for the flatwoods salamander, flatwoods salamander populations The historical range of the flatwoods all in the extreme southern portion of known to occur in Florida is 36 with 15 salamander included parts of the States the State. Surveys conducted from 1992 (42 percent) occurring on the of Alabama, Florida, Georgia, and South to 1995 at the historical breeding ponds Apalachicola National Forest and Eglin Carolina that are in the lower Coastal and from 1992 through 1998 at other Air Force Base (Palis 1993, 1994, 1995a, Plain of the southeastern United States. potential breeding sites were 1995b, 1995c; Printiss and Means 1996; Knowledgeable researchers discounted a unsuccessful at locating any flatwoods Means 1998; Southeastern Amphibian museum record from Mississippi that salamander populations (Godwin 1994, Survey Cooperative 1998; H. Cooper, was previously thought to be a pers. comm.; Southeastern Amphibian U.S. Fish and Wildlife Service pers. flatwoods salamander (Moler pers. Survey Cooperative 1998). The comm. 1998). comm. 1988). However, it is possible salamander was last observed in The combined State data from all that flatwoods salamanders once Alabama in 1981 (Jones et al. 1982). survey work completed since 1990 occurred in extreme southeastern Thirty-three historical records in 19 indicate that 51 populations of Mississippi due to similarities in habitat counties have been reported for Georgia flatwoods salamanders are known from to historical sites in adjacent Alabama. (Goin 1950, Seyle 1994, Williamson and across the historical range. Most of these Recent surveys (Kuss 1988, L. LaClaire Moulis 1994); however, flatwoods occur in Florida (36 populations or 71 pers. obs. 1995) have not documented salamanders have not been relocated at percent). Eleven populations have been the occurrence of flatwoods any of these sites in recent years. found in Georgia, four in South salamanders in Mississippi. Surveys over the last 8 years of at least Carolina, and none have been found in Historical records for the flatwoods 478 wetlands with potential habitat for Alabama. Some of these populations are salamander are limited. Longleaf pine/ the flatwoods salamander have resulted inferred from the capture of a single slash pine flatwoods historically in the location of 28 new breeding sites individual. Slightly more than half the occurred in a broad band across the (6 percent success rate). These 28 known populations for the flatwoods lower southeastern Coastal Plain. The breeding sites comprise 11 populations salamander occur on public land (32 of flatwoods salamander likely occurred in (sites within a 3.2 km (2 mi) radius of 51, or 63 percent). Federal land holdings

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.009 pfrm03 PsN: 01APR1 15694 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations that harbor flatwoods salamanders violation of the Act. The petitioners felt processing administrative findings on include the Apalachicola National that we had, in effect, already made a petitions (to add species to the Lists, Forest, Osceola National Forest, St. determination of ‘‘may be warranted’’ delist species, or reclassify listed Marks National Wildlife Refuge, Eglin through the inclusion of the flatwoods species), and processing a limited Air Force Base, Hurlburt Field, and salamander as a Category 2 species on number of proposed or final rules to Naval Air Station Whiting Field’s the comprehensive notices of review for delist or reclassify species; and third Holley Out-lying Field in Florida; Fort animals published before 1993. On priority (Tier 3) to processing proposed Stewart Military Installation and April 25, 1994, the suit was filed. In or final rules designating critical habitat. Townsend Bombing Range in Georgia; response to an agreed upon settlement Processing of this final rule is a Tier 2 and Francis Marion National Forest in of this suit, and based upon our 1994 action. South Carolina. State agencies manage draft guidance relating to petitions for Summary of Comments and three additional populations—in listing former Category 2 species, we Recommendations Florida, Pine Log State Forest and Pt. rescinded the 90-day finding announced Washington State Forest harbor a single on May 12, 1993, and replaced it by a In the December 16, 1997, proposed population each; and in Georgia, the finding that the petitioned action may rule (62 FR 65787) and associated Mayhaw Wildlife Management Area be warranted. We announced this notifications, we requested all interested supports a recently discovered finding in the Federal Register on parties to submit factual reports or population. The remaining 19 September 21, 1994 (59 FR 48406), and information that might contribute to the populations are on private land. included a request for comments and development of a final rule. We biological data on the status of the contacted appropriate Federal and State Previous Federal Action flatwoods salamander. agencies, county governments, scientific We identified the flatwoods Section 4(b)(3)(B) of the Act and organizations and other interested salamander as a Category 2 candidate implementing regulations at 50 CFR parties and requested their comments. species in our notices of review for 424.14, require the Secretary of the Legal notices announcing the proposal animals published in the Federal Interior, to the maximum extent and inviting public comment were Register on December 30, 1982 (47 FR practicable, within 12 months of receipt published in newspapers across the 58454), September 18, 1985 (50 FR of a petition, to make a finding whether range of the species. We published 37958), January 6, 1989 (54 FR 554), the action requested in the petition is (a) notices in The Albany Herald and The November 21, 1991 (56 FR 58804), and not warranted, (b) warranted, or (c) Claxton Enterprise on February 5, 1998; November 15, 1994 (59 FR 58982). warranted but precluded. Because of in The Dothan Eagle and the Before 1996, we defined a Category 2 budgetary constraints and the lasting Tallahassee Democrat on February 6, candidate species as one that we were effects of a congressionally imposed 1998; in The Florida Times-Union, the considering for possible addition to the listing moratorium from April 1995 to Mobile Press Register, and the Pensacola Federal List of Endangered and April 1996, we processed petitions and News Journal on February 7, 1998; in Threatened Wildlife, but for which other listing actions according to the the Coastal Courier and the Savannah conclusive data on biological listing priority guidance published in Morning News on February 8, 1998; in vulnerability and threat were not the Federal Register on December 5, The Berkeley Independent and the currently available to support a 1996 (61 FR 64475). The guidance Jasper County Sun on February 11, proposed rule. We discontinued clarified the order in which we 1998; and in The Darien News on designation of Category 2 species in the processed listing actions during fiscal February 12, 1998. The comment period February 28, 1996, notice of review (61 year 1997. The guidance called for for the proposal closed on February 17, FR 7956). giving highest priority to handling 1998. On May 18, 1992, we received a emergency situations (Tier 1) and During the initial comment period, petition dated May 8, 1992, from the second highest priority (Tier 2) to Rayonier (Southeast Forest Resources) Biodiversity Legal Foundation, Boulder, resolving the status of outstanding and the Florida Forestry Association in Colorado, and Elizabeth Carlton, proposed listings. We gave third priority Florida; Georgia-Pacific and Gilman Gainesville, Florida, to list the (Tier 3) was given to resolving the Paper Company in Georgia; and the flatwoods salamander as an endangered conservation status of candidate species American Forest & Paper Association in or threatened species throughout its and processing administrative findings Washington, D.C., submitted requests historic range and to designate critical on petitions to add species to the lists for a public hearing. As a result, on habitat. The petition stated that or reclassify threatened species to March 25, 1998, we published a notice available evidence indicated that the endangered status. The processing of the in the Federal Register (63 FR 14414) flatwoods salamander had declined petition and the proposed rule to list the announcing two public hearings and the precipitously, that it was on the flatwoods salamander fell under Tier 3. reopening of the comment period until threshold of extirpation in many The proposal to list the flatwoods June 1, 1998. In addition, we announced locations, and that it had been salamander as threatened was published the public hearings and invited public extirpated from a large portion of its in the Federal Register on December 16, comment in The Berkeley Independent historic range. 1997 (62 FR 65787). and the Jasper County Sun on April 8, We announced a 90-day finding that On May 8, 1998, we published Listing 1998; in The Claxton Enterprise and The the petition did not present substantial Priority Guidance for fiscal years 1998 Darien News on April 9, 1998; in the information that the requested action and 1999 (63 FR 25502). This guidance Coastal Courier, the Mobile Press may be warranted in the Federal gives highest priority (Tier 1) to Register, and the Savannah Morning Register on May 12, 1993 (58 FR 27986). processing emergency rules to add News on April 10, 1998; and in the On August 23, 1993, attorneys species to the Lists of Endangered and Tallahassee Democrat, The Florida representing the Biodiversity Legal Threatened Wildlife and Plants (Lists); Times-Union, and the Pensacola News Foundation, Jasper Carlton, the Director second priority (Tier 2) to processing Journal on April 11, 1998. We of the Biodiversity Legal Foundation, final determinations on proposals to add conducted public hearings on April 14, and Elizabeth Carlton notified us of species to the Lists, processing new 1998, at the Savannah Technical their intent to sue the Service for proposals to add species to the Lists, Institute in Savannah, Georgia, and on

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April 15, 1998, at the Hermitage Centre The Service, State wildlife agencies, and following a catastrophic event, if in Tallahassee, Florida. Each hearing flatwoods salamander researchers adjacent habitat is degraded or began with our opening comments recognize the difficulties associated destroyed and no source populations to followed by oral statements by the with conducting flatwoods salamander recolonize the area occur within public. In Savannah, Georgia, 9 of the 44 surveys. For this reason, qualified dispersal distance. people attending the hearing presented surveyors repeatedly surveyed Information, studies, field data, and comments. In Tallahassee, Florida, 28 of previously documented flatwoods site analyses provided by biologists and the 110 people attending the hearing salamander sites, that still bore evidence others familiar with the flatwoods presented comments. At both hearings, of potentially suitable habitat, before salamander and its habitat provided the majority of comments concerned the concluding that flatwoods salamanders adequate information on the effects listing the flatwoods salamander were indeed extirpated from the site. In distribution, habitat requirements, and would have on private landowners. order to have the highest probability of threats to the species to warrant the We received 193 comments (letters finding flatwoods salamanders, most present action. The listing process and oral testimony) including 7 from surveys for new populations targeted includes an opportunity for the public State agencies and 186 from individuals, areas of remaining intact pine flatwoods to comment and provide information groups, and organizations. Of these, 136 habitat. We do not consider quantitative that we evaluate and consider before opposed, 39 supported, and 18 were sampling essential to determine the making a final decision. The additional neutral on the proposed action. We status of rare species. Rare species, data provided by respondents during received an additional 19 letters from a including the flatwoods salamander, are the comment period, and other sixth grade class in Georgetown, South often distributed non-randomly. appropriate information available to us, Carolina. The Georgia Department of Random quantitative sampling is less support our determination that listing is Natural Resources and Alabama efficient than choosing sites based on warranted. Department of Conservation and Natural criteria such as available habitat. Issue 2: More research on the Resources supported the listing action. Since 1990, numerous studies have flatwoods salamander’s life history and The Florida Game and Fresh Water Fish addressed the status and distribution of habitat needs is necessary before a Commission requested that we consider the flatwoods salamander (see listing determination can be made. the development of a Candidate ‘‘Background’’ section). Weather Response: We agree that there is Conservation Agreement instead of conditions during these years have limited information on the flatwoods listing. We received no comments from covered the range of extremes from salamander’s life history and specific the South Carolina Department of drought to flooding. Scientists surveyed environmental requirements. However, Natural Resources. We have reviewed a total of at least 1,303 sites where the information standard in section all written and oral comments received flatwoods salamanders had not 4(b)(1)(A) of the Act—‘‘A determination during the comment period and have previously been documented to to list a species shall be based on the incorporated comments updating the determine occupancy by the species, best available scientific and commercial available data in the ‘‘Background’’ or most multiple times. Only 8 percent of information on the species’ status’’ does ‘‘Summary of Factors Affecting the these sites were found to harbor the not require us to possess detailed or Species’’ sections of this rule. We have species. Limited access to private lands extensive information about the general organized opposing comments and other has hampered survey efforts at some biology of the species or to make an substantive comments concerning the locations; however, we believe that the actual determination of the causes for rule into specific issues, which may be information gathered during the field the species’ status to make a listing paraphrased. We grouped comments of work is of sufficient extent and duration determination. The Act’s information a similar nature together by issue and to document the rarity of the flatwoods standard requires only that the best summarized as follows. salamander and a decline in its available information must support a Issue 1: Status surveys for the distribution due to habitat alteration or conclusion that the species meets the flatwoods salamander were insufficient destruction. Act’s definition for threatened or to make a listing determination. Populations of most species are cyclic endangered after consideration of the Commenters expressed concern over in nature, responding to such natural five factors defined in section 4(a) of the sampling methodologies (including lack factors as weather events, disease, and Act (see discussion in the ‘‘Summary of of quantitative sampling), sites sampled, predation. However, populations of the Factors Affecting the Species’’ section). interpretation of historical data, and the flatwoods salamander are small, The most compelling threat to the difficulty in documenting the species’ fragmented, and isolated by various flatwoods salamander is the severe presence at sites. Commenters stated human-related factors including habitat reduction of available habitat and its that surveys were not long-term or conversion. Fifty-five percent of extant continued loss from conversion, comprehensive enough to provide populations are widely separated from fragmentation, and degradation. evidence for the decline of the species each other by unsuitable habitat. Only Additional information on flatwoods and that more surveys were needed 18 percent of the original acreage of salamander life history and habitat during periods of optimum pine flatwoods habitat remains and needs is not necessary to support a environmental conditions. Other much of it exists as isolated fragments listing determination. However, this commenters stated that more data are imbedded in agricultural and urban- information will be important in the needed to determine if the remaining dominated landscapes (see development of a recovery plan and populations of the flatwoods ‘‘Background’’ section for more management guidelines for the salamander represent ‘‘normal’’ natural discussion). The isolated nature of flatwoods salamander. life cycles of a species without high flatwoods salamander populations Issue 3: Timber harvesting and pine population densities. makes them vulnerable to extirpation by plantation management are not well Response: Surveys were conducted random events. If their populations do documented as threats to the flatwoods during the breeding season using D- cycle naturally at low densities, they salamander. The location of existing frame or flat-bottomed dip nets, a will be less likely to rebound or become flatwoods salamander breeding sites standardized field method for sampling reestablished after a catastrophic event. adjacent to intensively managed forests larval amphibians (Shaffer et al. 1994). Extinction becomes a possibility indicates the species has some level of

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Therefore, although quantitative evidence rather than data from nor data indicating flatwoods sampling has not been completed for the controlled experiments. Other salamanders were evenly distributed species, pertinent and significant commenters recommended that the throughout historic pine flatwoods information regarding the other aspects Service more completely describe areas. As a result, commenters felt that of the species’ status is available. The silvicultural activities, especially those the listing proposal was based on decreasing quality and quantity of related to continued or future habitat trends without supporting data flatwoods salamander sites throughout management of pine plantations, that on declining population trends. In fact, the species’ historical and current range would be likely or unlikely to result in new flatwoods salamander populations are a more accurate reflection of the section 9 violations on private lands. have been discovered in recent surveys. salamander’s status than is a rough Response: Land uses that have a Therefore, even with the loss of estimate of total population. dramatic adverse impact on flatwoods historical sites, the number of known Issue 6: The flatwoods salamander has salamander habitat can present sites is stable or increasing. always been a rare species and this significant threats to the existence of the Response: In assessing the status of rarity does not justify listing it as a species. The relationships between the flatwoods salamander, we reviewed threatened species. timber management and flatwoods the best available information regarding Response: Historical rarity of the salamander populations are past and present distribution of the flatwoods salamander has not been undoubtedly complex and need further species. In the past, this reclusive quantitatively documented. It is true study. The manner, timing, and extent species was not frequently studied or that historical collections of the species of silvicultural activities all dictate what collected. However, lack of historical are limited; however, most amphibians effects they may have on the flatwoods data is not a consideration in have not been extensively surveyed, salamander and its habitat. We are determining whether a species is even species that are considered aware of flatwoods salamander localities endangered or threatened. It has been common. Surveys have confirmed the adjacent to pine plantations. However, well documented that the distribution of current rarity of the flatwoods the viability of these populations is pine flatwoods has declined salamander and also the decline in unknown. The best available precipitously throughout the Southeast. quantity and quality of the pine information on the effects of timber Therefore, it is logical to assume that flatwoods habitat needed for its management on the flatwoods populations of animals associated with survival. This decline in habitat was a salamander, cited in the ‘‘Background’’ this habitat, including those of the significant factor in determining that the and ‘‘Summary of Factors Affecting the flatwoods salamander, have also flatwoods salamander warranted listing. Species’’ sections, indicates that habitat declined. Surveys of the known Issue 7: There is a need to research alteration, including destruction of historical localities, conducted over the the impacts of predatory species, such ground cover vegetation and alteration past 8 years, have resulted in the of hydrology at occupied sites, has been relocation of a limited number of as armadillos and coyotes, on the a causative factor in the decline of populations (12 percent success rate). flatwoods salamander. The imported red flatwoods salamander populations. We We believe that newly discovered fire ant may also be a potential threat to believe, however, that silvicultural localities, in counties where the species the species. activities that avoid adverse effects to was not previously recorded, do not Response: While the flatwoods important habitat characteristics (i.e., represent newly colonized sites but salamander has coexisted with a ground cover, hydrology) are compatible rather extant sites in areas not community of predators over time, little with maintenance of flatwoods previously surveyed by field biologists. is known regarding the effect of salamander populations. These newly discovered isolated predators on the species. Human We have relied on the best available populations, within the described range development, for example, may increase scientific and commercial data in of the species, provide evidence of a the numbers of armadillos, coyotes, and making this listing determination. broad historical distribution of the fire ants that inhabit flatwoods Silvicultural activities are included as species across pine flatwoods habitat in salamander localities. However, there just one of the threats identified in our the Southeast. are no data to indicate predators are a analysis of the status of the species Issue 5: There is no range-wide significant threat to the flatwoods under the ‘‘Summary of Factors estimate for the total number of salamander. Affecting the Species’’ section of this flatwoods salamanders. Issue 8: Much of the data used in rule. Using the best available Response: We agree that an estimate support of the proposed rule was not information, we have developed of the total population is lacking for the peer reviewed. The Service also relied guidelines for silvicultural practices that flatwoods salamander. However, we on personal observations that were not would not be likely to result in a considered several additional factors part of any report for such subjects as violation of section 9 of the Act (see the that also are important in developing a optimum habitat, movements, and ‘‘Available Conservation Measures’’ biologically accurate species status activity ranges. section). We look forward to working assessment. The biological security of Response: We consider all available cooperatively with the timber industry, many declining species is more a information in making a listing researchers, and others to refine these function of the number of healthy local determination. This includes reliable guidelines and determine what levels of populations than the total number of unpublished reports, non-literature timber extraction, site preparation, and individuals in the wild. Besides documentation, and personal other management activities are most considering the number of sites and communications with experts. The beneficial to the recovery of the distribution of subpopulations across public reviewed the proposed rule, flatwoods salamander. the species’ range, we also considered which also was peer reviewed according

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.014 pfrm03 PsN: 01APR1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations 15697 to our policy (see ‘‘Peer Review’’ through the habitat conservation small fraction of the total range of the section). planning process. species. We believe protection of these Issue 9: A buffer area defined by a 1.6- Issue 10: The social and economic sites alone would not alleviate the need km (1-mi) radius around a known impacts of listing the flatwoods to list the flatwoods salamander. flatwoods salamander breeding site is salamander were not considered. Issue 12: The Florida Game and Fresh not supported by the scientific Timber harvest will be restricted in the Water Fish Commission (Commission) literature. Placing a protective area Southeast and the timber industry will proposed that the concept of a around a breeding site should be on a be negatively impacted. Listing will Candidate Conservation Agreement site-specific basis. negatively affect the ability of non- (CCA) be explored as an alternative to Response: We have received new data industrial private landowners to make a listing. The Commission stated that a (Semlitsch 1998) on protective buffer profit from their lands and they should CCA, involving voluntary cooperation areas needed around salamander be compensated for any financial loss by private landowners, would provide a breeding ponds (see discussion in resulting from the listing of the greater benefit to the species than ‘‘Background’’ section). In addition, we flatwoods salamander. Without listing. The additional benefit of a CCA have received information gathered financial compensation, there is no would result because more landowners from a meeting of herpetologists, State incentive for landowners to keep land in would be willing to participate in the agency biologists, and other experts that timber, and habitat available for the recovery of the flatwoods salamander if was held to review management issues flatwoods salamander will be lost Federal intervention and regulation was relative to the flatwoods salamander, through conversion to agriculture and minimized. Another governmental including the applicability of urban development. agency, the Florida Division of Forestry, Semlitsch’s paper to the species (Jensen Response: Under section 4(b)(1)(A) of expressed support for this concept. in litt. 1998). Of the six species the Act, we must base a listing Many other commenters supported reviewed by Semlitsch, the marbled determination solely on the best some type of voluntary public/private salamander (A. opacum) was judged to scientific and commercial data sector cooperation instead of listing. be the most similar in habitat needs to available. The legislative history of this Response: CCAs are formal the flatwoods salamander. The provision clearly states the intent of agreements between the Service and one maximum recorded distance moved by Congress to ‘‘ensure’’ that listing or more parties (e.g., landowners, land the marbled salamander was 450 m decision are ‘‘. . . based solely on managers, or State fish and wildlife (1,476 ft) (see Semlitsch 1998). biological criteria and to prevent agencies) to address the conservation Therefore, in order to estimate the nonbiological criteria from affecting needs of proposed or candidate species. dimensions of a buffer that would such decisions . . .’’ H.R. Rep. No. 97– The participants take on the protect the majority of a flatwoods 835, 97th Cong., 2d Sess. 19 (1982). As responsibility of developing the CCA, salamander population, a radius of 450 further stated in the legislative history, and voluntarily commit to m (1,476 ft) out from the wetland edge ‘‘. . . economic considerations have no implementing specific actions that will was suggested. Forest management relevance to determinations regarding remove or reduce the threats to the recommendations within the buffer the status of species . . .’’ Id. at 20. subject species, thereby contributing to included harvesting only in dry periods, Because we are specifically precluded stabilizing or restoring the species. The clear-cutting if no more than 25 percent from considering economic impacts, ultimate goal of any CCA is to of the buffer is cut at each harvest, either positive or negative, in a final adequately remove threats to the restricting the use of mechanical site decision on a proposed listing, we did species, so that the need for listing preparation techniques or other actions not consider the economic impacts of under the Act can be eliminated. that would disturb the upper soil layers, listing the flatwoods salamander. To preclude the need to list the and restricting herbicides to use for Issue 11: As an alternative to listing, flatwoods salamander, a sufficient control of woody shrub encroachment populations of flatwoods salamanders number of CCAs on both public and only when fire could not be employed. should be established on Federal and private lands would have to be An inner zone within the buffer with a State lands by using animals removed developed and implemented to radius of 164 m (538 ft) out from the from private lands or bred through adequately remove threats, so that we wetland edge, the area needed to protect captive propagation. could conclude that protection under 95 percent of an ambystomatid Response: The purpose of the Act is the Act was no longer be needed. population as estimated by Semlitsch, to provide a means whereby the natural Although the Commission suggested the was considered to be important. Within ecosystems upon which endangered and development of such an agreement, they this inner zone, it was recommended threatened species depend may be did not provide a specific plan. Also, that clear-cutting be excluded. conserved. Loss of suitable habitat is the the Commission would not have control Based on this new information, we primary threat to the flatwoods over implementation of such a plan have revised the dimensions of the salamander. Therefore, continued loss since they own or manage land buffer area and associated management of habitat by removing the salamander containing only two of the scenario that would not be considered from occupied sites would be counter to approximately 50 known flatwoods ‘‘take’’ (see discussion of violations of protection for the species and would salamander populations. section 9 under ‘‘Available Conservation accelerate its decline. We are working We fully realize that recovery of the Measures’’ section). Whether or not with the Department of Defense, the flatwoods salamander will partially ‘‘take’’ is a consideration, we will work U.S. Forest Service, and States within depend upon voluntary cooperation of with any interested landowner to the range of the salamander to ensure private landowners, and welcome them determine the specific set of conditions that conservation of the flatwoods as partners in the recovery effort. We appropriate for protection of a known salamander is carried out on all public will work to provide technical flatwoods salamander site on his or her lands where it currently exists. While assistance to those property owners and property. Depending on the needs of the several Federal land holdings support land managers who wish to implement landowner, a protective area might be apparently stable populations of conservation measures for this species. developed in conjunction with the flatwoods salamanders, they represent Although we cannot delay the listing issuance of an incidental take permit widely separated sites that compose a process while an agreement or plan is

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.017 pfrm03 PsN: 01APR1 15698 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations being developed, we still encourage other interested parties. The public had appropriate timber management to be their development subsequent to a final the opportunity to comment on the the land use activity most compatible listing decision. Such plans may serve proposed rule for over 4 months. The with the continued existence of the as a foundation for a recovery plan and Act requires listing be based solely on flatwoods salamander (see discussion of could lead to earlier recovery and the five criteria in section 4(a). section 9 in ‘‘Available Conservation delisting. Issue 16: If the flatwoods salamander Measures’’ section). Issue 13: The Commission requested is listed, Alabama should be omitted Issue 20: The conversion of pine that a listing decision be postponed for from the listed range. The Service can flatwoods habitats to pine plantations 12 months to allow development of a then concentrate recovery efforts in has been reduced and does not CCA in Florida. The Florida Division of States where the species still occurs. represent a threat to the flatwoods Forestry also requested that a listing Response: We will concentrate salamander. Since future conversion to decision be postponed for 1 year. recovery efforts in States where the plantations will be minimal, more Response: The Act requires that we species still occurs. It is possible, flatwoods salamander sites will be use the best scientific and commercial however, that isolated populations of threatened by urbanization and information available to make a final the flatwoods salamander may still be agricultural development. determination on a proposed listing extant in Alabama. Nevertheless, Response: Most of the remaining pine within 1 year of the date a species is species may be listed in the States flatwoods habitat is in private proposed. The flatwoods salamander where they have been documented to ownership. Many consulting foresters was proposed in December 16, 1997. occur historically, regardless of the recommend that private landowners The Act stipulates that this 1-year current distribution of the species. convert existing pine flatwoods sites to deadline may be extended for up to 6 Issue 17: State BMPs designed to short rotation timber management with months to solicit additional data only if control water quality problems with high stocking rates to maximize short- there is substantial scientific chemical applications are already in term financial gain. Data compiled disagreement among the scientists place that would protect flatwoods through State forest inventories between knowledgeable about the species salamander breeding ponds. 1989 and 1995 indicate that the loss of regarding the sufficiency or accuracy of Response: Landowners who use State pine flatwoods through land use the data used in the proposed BMPs around existing flatwoods conversion is still occurring (see determination. We find no substantial salamander breeding ponds will be discussion in factor A of ‘‘Summary of disagreement among scientists benefitting the salamander. These BMPs Factors Affecting the Species’’). knowledgeable about the flatwoods do not protect against the conversion of Therefore, we consider conversion of salamander that would serve as a basis upland sites, however. Thus, the use of existing flatwoods sites to pine for extension of the 1-year deadline. BMPs does not completely alleviate the plantations to be a continuing threat, Issue 14: Use of herbicides and threat of habitat destruction to the along with conversion of habitat fertilizers has not been proven to be flatwoods salamander. through urban and agricultural detrimental to flatwoods salamanders. Issue 18: The 3.2 km (2 mi) distance development. In fact, given the proper selection and used as a basis for identifying separate Issue 21: The proposed rule did not use of herbicide, rate, method, and populations of the flatwoods provide compelling reasons for not timing, herbicides may be useful in salamander is not justified based on the designating critical habitat. maintaining or enhancing habitat movement data from other Response: We have determined that conditions for the flatwoods ambystomatids. As a result, the actual designation of critical habitat will not salamander. number of populations may be higher provide additional benefit beyond that Response: Management of flatwoods than that reported by Service. achieved by the listing of the flatwoods salamander habitat is best accomplished Response: The only movement data salamander (see the ‘‘Critical Habitat’’ through a regime of growing season available for the flatwoods salamander section). We may reevaluate designation burns. In some cases though, burning indicate the species is capable of of critical habitat at some future time if may not be a viable option, due to moving distances greater than 1,700 m new information becomes available or smoke liability or other concerns, and (1,859 yd). Historically, the species was circumstances change. herbicides may be needed to control most likely distributed as woody vegetation. Amphibians have metapopulations dispersed throughout Peer Review shown a vulnerability to herbicides and available pine flatwoods habitat. We In conformance with our policy on other chemicals in their environment believe, based on the best available data information standards, published on (see factor E under ‘‘Summary of Factors on the flatwoods salamander, that the July 1, 1994 (59 FR 34270), we solicited Affecting the Species’’). However, we use of a 3.2 km (2 mi) distance as a basis the expert opinions of independent agree there is likely a role for herbicides for identifying separate populations is specialists regarding pertinent scientific in the management of flatwoods justified. or commercial data and assumptions salamander habitat if Best Management Issue 19: Listing the flatwoods relating to the supportive biological and Practices (BMPs) are used and salamander will halt timber sales on ecological information for the flatwoods herbicides are carefully selected to public lands. salamander. The purpose of such review target hardwood encroachment. Response: Section 7(a) of the Act is to ensure that the listing decision is Issue 15: All private landowners who states that Federal agencies have a based on scientifically sound data, would be affected by a potential listing responsibility to conserve endangered assumptions, and analyses, including of the flatwoods salamander were not and threatened species and use their input of appropriate experts and contacted. They should have a say in authorities to further the purposes of the specialists. the listing decision. Act. On Federal lands containing Three peer reviewers commented Response: We published legal notices populations of flatwoods salamanders, upon the accuracy of the information in 12 local newspapers. In addition, we modifications of some timber practices presented within the proposed rule. We contacted appropriate Federal and State may be needed in the vicinity of known asked them to provide any relevant agencies, county governments, scientific breeding sites to further the recovery of scientific data relating to taxonomy, organizations, forestry associations, and the species. However, we consider distribution, or to the supporting

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We are converted after harvest to intensive observations below. followed procedures found at section management regimes (i.e., heavy 4(a)(1) of the Act and regulations (50 mechanical site preparation, high All three reviewers discussed threats stocking rates) similar to pine to the flatwoods salamander. Threats CFR part 424) implementing the listing provisions of the Act. A species may be plantations. Urban development is identified included loss of forested pine expanding into forested areas, especially flatwoods habitat, alteration of determined to be an endangered or threatened species due to one or more in rapidly developing areas of Florida hydrology of existing pine flatwoods and Georgia. If present rates of loss sites, soil disturbance, fire suppression, of the five factors described in section 4(a)(1). These factors and their continue, in 25 years nearly all natural and changes in ground cover that application to the flatwoods salamander pine flatwoods stands could be resulted in a sparse herbaceous (Ambystoma cingulatum Cope) are as destroyed in these two States (Outcalt component and a dense weedy shrub follows: 1997). layer. Based on their field experience Flatwoods salamander wetland with the species, all three reviewers A. The Present or Threatened breeding sites have also been degraded expressed the view that the decline of Destruction, Modification, or and destroyed. Alterations in hydrology, the flatwoods salamander was a result of Curtailment of Its Habitat or Range agricultural and urban development, loss of both wetland and forested The major threat to the flatwoods silvicultural practices (described in habitat. One reviewer stated that Federal salamander is loss of both its longleaf more detail below), dumping in or listing of the species was important, pine/slash pine flatwoods terrestrial filling of ponds, conversion of wetlands because at present there is no protection habitat and its isolated, seasonally to fish ponds, domestic animal grazing, against the loss of the flatwoods ponded breeding habitat. The combined and soil disturbance reduced the salamander’s habitat. pine flatwoods (longleaf pine-wiregrass number and diversity of these small wetlands (Vickers et al. 1985, Ashton One reviewer stated that due to the flatwoods and slash pine flatwoods) historical acreage was approximately 1992). Hydrological alterations cyclic nature of breeding in many 12.8 million ha (32 million ac) (Wolfe et represent the primary threat to amphibians, caution should be used in al. 1988, Outcalt 1997). Today, the flatwoods salamander breeding sites. interpreting the absence of flatwoods combined flatwoods acreage has been Size and suitability of wetlands as salamanders at previously occupied reduced to 2.3 million ha (5.6 million breeding sites depend on subsoil sites. The reviewer felt that the status of ac) or approximately 18 percent of its moisture, the permeability of the amphibians, including the flatwoods original extent. These remaining pine hardpan, the pond’s drainage area, and salamander, should be evaluated based flatwoods (non-plantation forests) are other factors. Alterations to any of these on the disappearance of known habitats typically fragmented, degraded, second- factors can affect the pond’s ability to (see discussion of habitat loss under growth forests. hold water and function as a breeding factor A in ‘‘Summary of Factors Land use conversions, primarily site. Affecting the Species’’ section). urban development and conversion to Forest management strategies The reviewers discussed specific agriculture and pine plantations, commonly used on pine plantations impacts to the flatwoods salamander. eliminated large acreages of pine contribute to degradation of flatwoods One reviewer, experienced with the flatwoods (Schultz 1983, Stout and salamander forested and wetland species and its habitat in several States, Marion 1993, Outcalt and Sheffield habitat. These include soil-disturbing described quality sites as fire- 1996, Outcalt 1997). Surveys of site preparation techniques, lowered fire maintained, open, mature longleaf pine historical flatwoods salamander frequencies and reductions in average woodland with a well developed and localities documented the destruction of area burned per fire event (see factor E), nine sites from urban development or high seedling stocking rates, and diverse herbaceous ground cover. When agriculture and loss of three additional herbicide use, which may reduce plant these conditions were found, flatwoods sites due to their conversion to pine diversity in the understory. The result of salamanders could be abundant. On the plantations. State forest inventories these strategies is a forest that other hand, when flatwoods sites were completed between 1989 and 1995 approaches even-age structure, has a ditched and/or drained and converted to indicate that flatwoods losses through dense understory, and low herbaceous even-aged slash pine plantations with a land use conversion are still occurring cover. Forestry practices that directly sparse herbaceous component, (Outcalt 1997). In Florida and Georgia, affect wetland breeding sites include flatwoods salamanders were rarely the States where flatwoods habitat is ditching ponds or low areas to drain found. Another of the reviewers also concentrated and where most flatwoods water from a site, converting second- agreed that hydrologic changes and salamander populations occur, 52,600 growth pine forests to bedded pine heavy soil disturbance were a problem ha (130,000 ac) were lost to urban and plantations, harvesting cypress from the for the species. This reviewer pointed to agricultural use during the survey cycle ponds, disposing of slash in wetlands drainage of habitat types as a threat to of 8 years (Outcalt 1997). Conversion of during timber operations, using ponds the species that probably reduces existing pine flatwoods second-growth as part of ditched fire breaks, using overall activities including feeding. He forests to managed plantations is also fertilizers near wetlands which can also stated that direct mechanical continuing. In Georgia and Florida, result in eutrophication (water enriched impact to upper soil layers likely there was a yearly loss of this habitat to in nutrients), and disturbing the soil at destroys the burrow complexes required pine plantations of nearly 20,200 ha a wetland (Vickers et al. 1985; Ashton by this fossorial species. (50,000 ac) in each State with a loss of 1992; Means et al. 1996; Palis, 1997b).

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Clear-cut harvesting of forested sites Conversion of sites to slash pine Extensive surveys have been appears to be an additional threat. plantations was also an important factor conducted over the past 8 years in Studies have demonstrated negative in the loss of habitat suitability (L. Alabama, Georgia, Florida, South short-term impacts on the density of LaClaire pers. obs. 1997). Carolina, and Mississippi to search for local amphibian populations as a result In Florida, Palis (1997b) characterized flatwoods salamanders at historical of clear-cuts (deMaynadier and Hunter habitat quality surrounding historical localities and at other potential sites. 1995), although amphibian species flatwoods salamander breeding ponds, The low level of success of these composition and richness may be where the species has been found in surveys is believed to be a reflection of unchanged (Enge and Marion 1986, recent surveys. Each site was assigned a both the loss of upland and isolated Dominigue-O’Neill 1995). The decrease score based on pine species dominance wetland breeding habitat and the in density of some species of and disturbance (second-growth reduction in the quality of the amphibians may be the result of flatwoods versus plantation sites) and remaining habitats. alterations in hydroperiods, decreased the relative abundance of wiregrass B. Overutilization for Commercial, relative humidity, and disturbance of (Aristida sp.) ground cover. Wiregrass plant litter, stumps, and fallen logs used Recreational, Scientific, or Educational was chosen as a factor of habitat quality Purposes as refugia (Enge and Marion 1986). because its loss has been used as an Amphibians, especially salamanders, indicator of site degradation from fire Overcollecting for scientific purposes are vulnerable to habitat drying and suppression and/or soil disturbance may have contributed to the decline of reduction of refugia because their moist (Clewell 1989). In Palis’ study, a South Carolina population, which was permeable skin acts as a respiratory approximately 70 percent of the active impacted also by habitat degradation. organ and must remain moist to breeding sites were surrounded by Between 1970 and 1976, a minimum of function properly (Duellman and Trueb second-growth longleaf or slash pine 84 adults and 870 larvae were collected 1986). Raymond and Hardy (1991) flatwoods with nearly undisturbed in this area (Savannah Science Museum monitored the mole salamander (A. wiregrass ground cover. In general, Palis collection records). Only two flatwoods talpodieum) at a breeding site adjacent found that the extant populations of the salamanders have been captured at this to a recent clear-cut. They found that flatwoods salamander principally locality since 1990, in spite of annual salamanders were displaced from the occurred on forest lands managed for monitoring. cut side of the pond and that there was long rotation, saw-timber production, Overcollecting does not presently lowered survivorship in individuals of rather than on short rotation pine appear to be a significant threat to the the breeding population that immigrated plantations managed for pulp species; however, it may become a to the breeding pond from the clear-cut. production. problem if the specific breeding Means et al. 1996, implicated Road construction plays a part in locations become available to the silvicultural practices affecting both habitat degradation and destruction. At general public. The rarity, uniqueness, upland and breeding habitats in the least one historical flatwoods breeding and attractiveness of the species make decline of a flatwoods salamander the flatwoods salamander a candidate population monitored for over 20 years site has been filled in association with for the pet trade, should it become easy in the panhandle of western Florida. the construction of a road (Palis 1993). to obtain. They attributed the decline at this site Roads increase the accessibility of to habitat modifications resulting from breeding ponds to off-road vehicle At some sites, Palis (1996) found that clear-cutting, conversion of the site to a enthusiasts that use pond basins for the harvest of crayfish for bait was pine plantation, and fire suppression. ‘‘mud bogging,’’ which disturbs the soil associated with the killing of larval Habitat modifications included soil and vegetation and degrades the quality flatwoods salamanders. However, while disturbance, hydrologic changes, of a site for flatwoods salamander this practice has caused the loss of some canopy closure, and loss of herbaceous breeding. Roads may also alter the individuals, it is not currently thought ground cover. quality of isolated wetlands by draining, to be a significant threat to the species Due to the cyclic nature of breeding damming, or redirecting the water in a as a whole. basin and contributing hydrocarbons in many amphibians, an analysis of C. Disease or Predation habitat quality is important in providing and other chemical pollutants via runoff information to be used in interpreting and sedimentation. Disease is currently unknown in the absence of a species from a site. LaClaire A number of habitat degradation flatwoods salamander. (1997) collected data on habitat quality factors are implicated in the decline of Exposure to increased predation from from recent surveys of historical sites one South Carolina flatwoods fish is a potential threat to the flatwoods where flatwoods salamanders were not salamander population monitored for salamander when isolated, seasonally relocated (85 of 97, or 88 percent). Data over 20 years (Moulis 1987, Bennett ponded breeding sites are converted to combined aspects of both wetland and pers. comm. 1997). The site is bisected more permanent wetlands inhabited by upland habitat attributes at each site. by a road that flatwoods salamanders fish. Ponds may be modified specifically Habitat quality was characterized as have to cross to reach their breeding to serve as fish ponds or sites may be none (site destroyed), low (flatwoods site. Much of the upland area, in which altered due to the construction of salamanders unlikely), moderate the salamanders dwell as adults, has drainage ditches or firebreaks, which (salamanders possible but habitat undergone urban development (Bennett provide avenues for fish to enter the degraded), or high (habitat appears pers. comm. 1997). In addition, fire wetlands. Studies of other suitable for flatwoods salamanders). suppression has resulted in the loss of ambystomatid species have Fifty-three of the unoccupied historical the open, grassy pond edge associated demonstrated a decline in larval sites (53 of 85, or 62 percent) had been with quality breeding sites. Habitat survival in the presence of predatory destroyed or were of low or moderate quality at this site has degraded to the fish (Semlitsch 1987, 1988). Ashton (in habitat quality. Contributing factors in point where successful reproduction litt. 1998) witnessed predation on ornate the loss of habitat suitability included and recruitment are infrequent and the chorus frogs (Pseudacris ornata) by fire conversion of sites to agriculture, home population is at risk (LaClaire pers. obs. ants and stated that fire ants may pose sites, pastures, and highways. 1995). a threat to the flatwoods salamander.

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D. The Inadequacy of Existing consider fire suppression the primary disrupt migration routes and dispersal Regulatory Mechanisms reason for the degradation of remaining of individuals to and from breeding Regulatory mechanisms currently in longleaf pine forest acreage. Wolfe et al. sites. In addition, vehicles may also kill effect do not provide adequate (1988) reported that pine flatwoods flatwoods salamanders when they are protection for the flatwoods salamander naturally burn every 3 to 4 years, attempting to cross roads (Means and its habitat. There are no existing probably most commonly in the summer 1996a). Pesticides and herbicides may pose a regulatory mechanisms for the months. Sampling of longleaf pine threat to amphibians such as the protection of the upland habitats where flatwoods sites in Florida indicated that less than 30 percent of sites on private flatwoods salamander, because their flatwoods salamanders spend most of lands received prescribed burning to permeable eggs and skin readily absorb their lives. Section 404 of the Clean mimic the effects of natural fire (Outcalt substances from the surrounding aquatic Water Act is the primary Federal law 1997). The disruption of the natural fire or terrestrial environment (Duellman that has the potential to provide some cycle has resulted in an increase in and Trueb 1986). In frogs, use of protection for the wetland breeding sites slash pine on sites formerly dominated agricultural pesticides has resulted in of the flatwoods salamander. Under by longleaf pine, an increase in lower survival rates, deformities, and section 404, nationwide permit 26 hardwood understory, and a decrease in lethal effects on tadpoles (Sanders 1970, allows these wetlands to be filled with herbaceous ground cover (Wolfe et al. FROGLOG 1993). Other negative effects no review process if wetlands are less 1988; Means pers. comm. 1995). Ponds of commonly used pesticides and than 0.13 ha (1/3 ac), and with only surrounded by pine plantations and herbicides on amphibians include minimal review if they are between 0.13 protected from the natural fire regime delayed metamorphosis, paralysis, ha and 1.2 ha (3 ac) in size. become unsuitable flatwoods reduced growth rates, and mortality Some populations on Federal lands salamander breeding sites, due to (Bishop 1992). Herbicides may also alter have benefitted where prescribed canopy closure and the resultant the density and species composition of burning has been used as a regular reduction in emergent herbaceous vegetation surrounding a breeding site management tool. However, multiple vegetation needed for egg deposition and reduce the number of potential sites use priorities on public lands, such as and larval development sites (Palis for egg deposition, larval development, timber production, and military and 1993). Of the 13 historical flatwoods or shelter for migrating salamanders. recreational use, make protection of the salamander localities altered to the Long-lasting droughts or frequent flatwoods salamander secondary. The point where the habitat was no longer floods may affect local flatwoods National Environmental Policy Act suitable, fire suppression was a salamander populations. Although these requires an intensive environmental contributing factor in at least 5 (38 are natural processes, other threats, such review of projects that may adversely percent). Current forest management is as habitat fragmentation and habitat affect a federally listed species, but moving away from burning as a degradation, may stress a population to project proponents are not required to management tool due to liability the point that it cannot recover or avoid impacts to non-listed species. considerations and concerns that fire recolonize other sites. At the State and local levels, will damage the quality of the timber. We have carefully assessed the best regulatory mechanisms are also limited. Habitat fragmentation of the longleaf scientific and commercial information The flatwoods salamander is listed as a pine ecosystem, resulting from habitat available regarding the past, present, rare protected species in the State of conversion, threatens the survival of the and future threats faced by this species Georgia (Seyle 1994). This designation remaining flatwoods salamander in determining to make this rule final. protects the species by prohibiting populations. Fifty-one populations Based on this evaluation, the preferred actions that cause direct mortality or the occur across four States. Fifty-five action is to list the flatwoods destruction of its habitat on lands percent (28 of 51) of these populations salamander as threatened. Activities owned by the State of Georgia and by are widely separated from each other by associated with conversion of forests to preventing its sale, purchase, or unsuitable habitat. Research conducted agriculture and urban development, possession (Jensen pers. comm. 1997). in Florida documented that 25 percent silvicultural practices, and the At present, there is only one known of remaining longleaf pine flatwoods disruption of natural fire cycles have flatwoods salamander population on sites were isolated fragments imbedded contributed to significantly reducing the lands owned by the State of Georgia. In in agricultural and urban-dominated range and habitat of this species. South Carolina, the flatwoods landscapes (Outcalt 1997). Studies have Remaining populations are vulnerable salamander is listed as endangered shown that the loss of small fragmented as suitable habitat continues to be lost (Bennett 1995). Prohibitions extend only populations is common, and or degraded by these activities. While to the direct take of the flatwoods recolonization is critical for their not in immediate danger of extinction, salamander (Bennett pers. comm. 1997). regional survival (Fahrig and Merriam the flatwoods salamander is likely to These regulations offer no protection 1994, Burkey 1995). As patches of become an endangered species in the against the most significant threat to the available habitat become separated foreseeable future if the present trend flatwoods salamander, which is loss of beyond the dispersal range of a species, continues. its habitat. The flatwoods salamander is populations are more sensitive to Critical Habitat considered rare in Florida by the Florida genetic, demographic, and Committee on Rare and Endangered environmental variability and may be Critical habitat is defined in section 3 Plants and Animals (Ashton 1992); unable to recover (Gilpin 1987, Sjogren of the Act as: (i) The specific areas however, there are no protective 1991). Amphibian populations may be within the geographical area occupied regulations for this species or its habitat unable to recolonize areas after local by a species, at the time it is listed in in the State (Moler 1990). extinctions due to their physiological accordance with the Act, on which are constraints, relatively low mobility, and found those physical or biological E. Other Natural or Manmade Factors site fidelity (Blaustein et al. 1994). features (I) essential to the conservation Affecting Its Continued Existence Roads contribute to habitat of the species and (II) that may require Fire is needed to maintain the natural fragmentation by isolating blocks of special management consideration or pine flatwoods community. Ecologists remaining contiguous habitat. They may protection; and (ii) specific areas

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.026 pfrm03 PsN: 01APR1 15702 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations outside the geographical area occupied however, the primary activities affecting and reproduction around breeding by a species at the time it is listed, upon habitat for the flatwoods salamander on ponds, where they are most vulnerable a determination that such areas are private lands are silvicultural, and are to collecting. Publication of specific essential for the conservation of the not subject to the Federal review localities of breeding ponds would be species. ‘‘Conservation’’ means the use process under section 7. However, required in the critical habitat of all methods and procedures needed activities that may result in a taking of designation process in order to obtain to bring the species to the point at the flatwoods salamander that are not the notification benefit provided by which listing under the Act is no longer already authorized by a Federal agency such designation. The publication of necessary. under section 7, do require breeding pond sites would increase the Section 4(a)(3) of the Act, as authorization under section 10 of the flatwoods salamander’s level of amended, and implementing regulations Act. Section 10(a)(1)(B) authorizes us to vulnerability to illegal collecting. (50 CFR 424.12) require that, to the issue permits for take of listed species Based on the above analysis, we maximum extent prudent and incidental to otherwise lawful activities conclude that critical habitat determinable, the Secretary designate such as agriculture, foresty, and urban designation would provide little critical habitat at the time the species is development. A habitat conservation additional benefit for the flatwoods determined to be endangered or plan that is submitted by the applicant salamander, beyond that which would threatened. Our regulations (50 CFR as part of the permit application would result from listing under the Act. We 424.12(a)(1)) state that designation of identify measures to be taken to also conclude that an increased level of critical habitat is not prudent when one conserve the species. We must also vulnerability to collecting would offset or both of the following situations exist: ensure, under section 7 of the Act, that any potential benefit from such a (i) The species is threatened by taking the issuance of an incidental permit will designation. or other activity and the identification not jeopardize the continued existence Available Conservation Measures of critical habitat can be expected to of the listed species. Thus, habitat increase the degree of threat to the protection on private lands may be Conservation measures provided to species or (ii) Such designation of accomplished through section 10 of the species listed as endangered or critical habitat would not be beneficial Act. threatened under the Act include to the species. We find that designation On private lands, industrial timber recognition, recovery actions, of critical habitat is not prudent for the landowners are cooperating with us to requirements for Federal protection, and flatwoods salamander. conduct surveys for the flatwoods prohibitions against certain activities. Critical habitat designation, by salamander and to develop management Recognition through listing results in definition, directly affects only Federal strategies to protect its habitat. We will public awareness and conservation agency actions. Activities that might continue to coordinate with State and actions by Federal, State, and local affect the flatwoods salamander on Federal agencies, as well as private agencies, private organizations, and Federal lands include forestry property owners and other affected individuals. The Act provides for management, military activities, and parties through the recovery process to possible land acquisition and Federal actions that would impact the manage habitat for the flatwoods cooperation with the States and requires hydrology of the wetlands used by the salamander. that recovery actions be carried out for flatwoods salamander for reproduction. We believe that any potential benefits all listed species. The protection Such activities would be subject to to critical habitat designation are required of Federal agencies and the review under section 7(a)(2) of the Act, outweighed by additional threats to the prohibitions against taking and harm are whether or not critical habitat was species that would result from such discussed, in part, below. designated. designation. Collecting for scientific and Section 7(a) of the Act, as amended, Section 7(a)(2) requires Federal recreational purposes is a potential requires Federal agencies to evaluate agencies to ensure that activities they threat to the survival of the flatwoods their actions with respect to any species authorize, fund, or carry out are not salamander (see factor B in the that is listed as endangered or likely to jeopardize the continued ‘‘Summary of Factors Affecting the threatened and with respect to its existence of a listed species or to Species’’ section). Flatwoods critical habitat, if any is designated. destroy or adversely modify its critical salamanders are a rare and attractive Regulations implementing this habitat. Common to definitions of the species, and these characteristics make interagency cooperation provision of the ‘‘jeopardy’’ and ‘‘adverse modification’’ them potentially valuable in the pet Act are codified at 50 CFR part 402. standards is an appreciable detrimental trade. The collection of amphibians and Section 7(a)(4) requires Federal agencies effect on both survival and recovery of reptiles for the pet trade has increased to confer informally with us on any the species. We believe that any in recent years. For example, all box action that is likely to jeopardize the significant adverse modification or turtles have been placed on Appendix II continued existence of a proposed destruction of flatwoods salamander of the Convention on International species or result in destruction or habitat, to the extent that survival and Trade in Endangered Species of Wild adverse modification of proposed recovery are appreciably diminished, Fauna and Flora due to the increased critical habitat. If a species is would likely jeopardize this species’ commercialization of these species. subsequently listed, section 7(a)(2) continued existence. Therefore, habitat Collection of amphibians and reptiles requires Federal agencies to ensure that protection from Federal actions can be for personal use and the pet trade is activities they authorize, fund, or carry accomplished for the flatwoods common in the vicinity of the most out are not likely to jeopardize the salamander through application of the viable flatwoods salamander continued existence of the species or section 7 jeopardy standard. We are populations (K. Enge, Florida Game and destroy or adversely modify its critical currently working with the appropriate Fresh Water Fish Commission, pers. habitat. If a Federal action may affect a Federal land managing agencies to comm. 1997). Permits are required for listed species or its critical habitat, the identify, protect, and manage flatwoods commercial collecting; however, responsible Federal agency must enter salamander habitat. collection regulations are difficult to into formal consultation with us. Federal permit issuance on private monitor and enforce. Flatwoods The flatwoods salamander occurs on lands would also be subject to review; salamanders concentrate for breeding Federal lands administered by the

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Department of Defense, Fish and is listed, those activities that are or are and bridges. Locate skid trails parallel Wildlife Service, and U.S. Forest not likely to constitute a violation of to, rather than perpendicular to, the Service. These land management section 9 of the Act. The intent of this wetland edge to reduce alterations in agencies would be required to evaluate policy is to increase public awareness of wetland hydrology. Locate all log the potential adverse impacts to the the effects of the listing on proposed landings outside the primary and flatwoods salamander from their and ongoing activities within a species’ secondary zones. activities. Federal activities that could range. We believe that, based upon the (d) Keep soil disturbance to a affect the flatwoods salamander through best available information, the following minimum. Do not conduct intensive destruction or modification of suitable actions are not likely to result in a mechanical site preparation (i.e., root- habitat include, but are not limited to, violation of section 9, provided these raking, discing, stumping, bedding) or forest management, military operations, activities are carried out in accordance any other actions that cause significant and road construction. Other Federal with existing regulations and permit soil disturbance. agencies that may be involved in requirements: (e) Prescribed fire should be the authorizing, funding, or permitting (1) Possession of legally acquired preferred method for site preparation activities that may affect the flatwoods flatwoods salamanders; and control of woody vegetation. Limit salamander include the Army Corps of (2) Lawful hunting activities; herbicide use to manual application, Engineers, due to their review of dredge (3) Lawful burning of habitat where following BMPs, when fire cannot be and fill of isolated wetlands under the flatwoods salamander is known to employed. section 404 of the Clean Water Act, occur, including winter burning; (7) Timber harvesting (including (4) Federally approved projects that nationwide permit 26; the Federal clear-cutting) in pine flatwoods habitat involve activities such as discharge of Energy Regulatory Commission, due to where the flatwoods salamander does fill material, draining, ditching, tiling, their oversight of gas pipeline and not occur or outside the 450–m (1,476– bedding, diversion or alteration of power line rights-of-way; and the ft) buffer zone described above; and surface or ground water flow into or out Federal Highway Administration, when (8) Bait harvesting for crayfish in of a wetland (i.e., due to roads, Federal funds are involved in road ephemeral ponds. impoundments, discharge pipes, etc.), construction. We have resolved nearly We believe the following activities when you conduct the activity in all section 7 consultations to protect the would be likely to result in a violation accordance with any reasonable and species and meet the project objectives. of section 9; however, possible prudent measures given by the Service The Act and its implementing violations are not limited to these regulations set forth a series of general in accordance with section 7 of the Act; actions alone: prohibitions and exceptions that apply (5) Conversion of pine flatwoods (1) Unauthorized collecting, handling, to all threatened wildlife. The habitat where the flatwoods salamander or harassing of individual flatwoods prohibitions, codified at 50 CFR 17.31 does not occur; salamanders; for threatened wildlife, in part, make it (6) Timber harvesting in pine (2) Possessing, selling, transporting, or illegal for any person subject to the flatwoods habitat within a 450–m jurisdiction of the United States to take (1,476–ft) radius buffer zone shipping illegally taken flatwoods (includes harass, harm, pursue, hunt, surrounding a known flatwoods salamanders; shoot, wound, kill, trap, capture, or salamander breeding pond, in (3) Unauthorized destruction or collect; or to attempt any of these), accordance with the following alteration of wetlands used as breeding import, export, ship in interstate guidelines: sites by flatwoods salamanders. These commerce in the course of commercial (a) Use selective harvest, only during actions would include discharge of fill activity, or sell or offer for sale in dry periods and at a minimum of 10- material, draining, ditching, tiling, interstate or foreign commerce any year intervals, within an inner primary bedding, clear-cutting within the listed species. It is also illegal to zone extending 164 m (538 ft) out from wetland, diversion or alteration of possess, sell, deliver, carry, transport, or the edge of the breeding pond. Maintain surface or ground water flow into or out ship any such wildlife that has been a basal area of 4.2 to 4.7 square meters of a wetland (i.e., due to roads, taken illegally. Certain exceptions apply (sq m) per ha (45 to 50 square feet (sq impoundments, discharge pipes, etc.), to agents of the Service and State ft) per ac) in the primary zone. and operation of any vehicles within the conservation agencies. (b) Use a mix of clear-cutting and wetland; We may issue permits to carry out selective harvest, only during dry (4) Discharge or dumping of toxic otherwise prohibited activities periods and at a minimum of 10-year chemicals, silt, or other pollutants (i.e., involving threatened wildlife species intervals, in an outer secondary zone sewage, oil, and gasoline) into isolated under certain circumstances. extending from 164 m (538 ft) to 450 m wetlands or upland habitats supporting Regulations governing permits are (1,476 ft) out from the edge of the the species; and codified at 50 CFR 17.32 for threatened breeding pond. Clear-cut up to 25 (5) Unlawful destruction or alteration species. You may obtain permits for percent of this secondary zone at any of suitable pine flatwoods habitat within scientific purposes, to enhance the given time, as long as you maintain 75 a 450-m (1,476-ft) radius surrounding a propagation or survival of the species, percent of the secondary zone in pine known flatwoods salamander breeding and/or for incidental take in connection flatwoods habitat at a basal area of 4.2 pond. These actions would include, but with otherwise lawful activities. For to 4.7 sq m per ha (45 to 50 sq ft per are not limited to, conversion of habitat threatened species, you may also obtain ac). Do not separate the primary and to agricultural or urban use, or ditching permits for zoological exhibition, secondary zone from each other by and draining a site. educational purposes, or special cleared or inappropriate habitat (e.g., (6) Use of pesticides or herbicides in purposes consistent with the purposes non-pine flatwoods habitat such as violation of label restrictions. of the Act. agriculture, urban development or other We will review other activities not It is our policy, published in the forest types). identified above on a case-by-case basis Federal Register on July 1, 1994 (59 FR (c) Minimize skid trails and their to determine whether they may be likely 34272), to identify, to the maximum effects through the use of prescription to result in a violation of section 9 of the extent practicable at the time a species planning and techniques such as pallets Act. We do not consider these lists to be

VerDate 23-MAR-99 09:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\A01AP0.030 pfrm03 PsN: 01APR1 15704 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations exhaustive and provide them as National Environmental Policy Act Author information to the public. You should direct questions regarding We have determined that we do not The primary author of this final rule whether specific activities may need to prepare an Environmental is Linda V. LaClaire, Jackson Field constitute a future violation of section 9 Assessment, as defined under the Office (see ADDRESSES section) (601/ to the Field Supervisor of the Service’s authority of the National Environmental 965–4900, ext. 26). Jackson Field Office (see ADDRESSES Policy Act of 1969, in connection with List of Subjects in 50 CFR Part 17 section). You may request copies of the regulations adopted pursuant to section regulations regarding listed wildlife 4(a) of the Act. A notice outlining our Endangered and threatened species, from and address questions about reasons for this determination was Exports, Imports, Reporting and prohibitions and permits to the U.S. published in the Federal Register on recordkeeping requirements, Fish and Wildlife Service, 1875 Century October 25, 1983 (48 FR 49244). Transportation. Blvd., Suite 200, Atlanta, Georgia 30345, or telephone 404/679–7313; facsimile Paperwork Reduction Act Regulation Promulgation 404/679–7081. This rule does not contain any new Accordingly, we amend part 17, Section 10(a)(1)(B) authorizes us to collections of information other than subchapter B of chapter I, title 50 of the issue permits for the taking of listed those already approved under the Code of Federal Regulations, as follows: species incidental to otherwise lawful Paperwork Reduction Act, 44 U.S.C. activities such as agriculture, forestry, 3501 et seq., and assigned Office of PART 17Ð[AMENDED] and urban development. A habitat Management and Budget clearance conservation plan (HCP) identifying number 1018–0094. An agency may not 1. The authority citation for part 17 conservation measures that the conduct or sponsor, and a person is not continues to read as follows: permittee agrees to implement to Authority: 16 U.S.C. 1361–1407; 16 U.S.C. conserve the species, is a requirement to required to respond to a collection of information, unless it displays a 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– obtaining this permit. A key element of 625, 100 Stat. 3500, unless otherwise noted. our review of a HCP is a determination currently valid control number. For of the plan’s effect upon the long-term additional information concerning 2. Amend section 17.11(h) by adding conservation of the species. We would permit and associated requirements for the following, in alphabetical order approve a HCP and issue a section threatened species, see 50 CFR 17.32. under AMPHIBIANS, to the List of 10(a)(1)(B) permit if the plan provides References Cited Endangered and Threatened Wildlife: for minimization and mitigation of the impacts of the taking and for not You may request a complete list of all § 17.11 Endangered and threatened wildlife. appreciably reducing the likelihood of references cited herein, as well as the survival and recovery of that species others, from the Jackson Field Office * * * * * in the wild. (see ADDRESSES section). (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

******* AMPHIBIANS

******* Salamander, Ambystoma U.S.A. (AL, Entire ...... T 658 NA NA flatwoods. cingulatum. FL,GA,SC).

*******

Dated: March 18, 1999. DEPARTMENT OF COMMERCE ACTION: Final rule. Jamie Rappaport Clark, Director, Fish and Wildlife Service. National Oceanic and Atmospheric SUMMARY: NMFS issues this final rule to Administration implement measures contained in [FR Doc. 99–7942 Filed 3–31–99; 8:45 am] Framework 28 of the Northeast BILLING CODE 4310±55±P 50 CFR Part 648 Multispecies Fishery Management Plan (FMP). This final rule allows the use, at [Docket No. 990324080±9080±01; I.D. specified times, of gillnets in areas 031599D] otherwise closed to gillnet gear, provided they are equipped with RIN 0648±AM10 pingers; removes the pinger Fisheries of the Northeastern United specifications currently contained in the States; Northeast Multispecies regulations and references the pinger Fishery; Framework Adjustment 28 specifications found in the Harbor Porpoise Take Reduction Plan (HPTRP); AGENCY: National Marine Fisheries extends the Cape Cod South and Service (NMFS), National Oceanic and Massachusetts Bay Closure Areas Atmospheric Administration (NOAA), (March 1–March 30) to December 1– Commerce. May 31; modifies the Mid-Coast Closure

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Area coordinates in the regulations to coastal gillnet fishery was classified as comment, the Council may recommend comport with those specified in the a Category II fishery. to the Administrator, Northeast Region, HPTRP; and replaces the framework In response to MMPA mandates, on NMFS, that the measures be published adjustment procedure requiring the New December 2, 1998 (63 FR 66464), NMFS as a final rule if certain conditions are England Fishery Management Council’s issued regulations implementing the met. NMFS may publish the measures (Council’s) Harbor Porpoise Review HPTRP. The HPTRP contains measures as a final rule, or as a proposed rule if Team to annually review harbor to reduce harbor porpoise takes in the additional public comment is necessary. porpoise mortality goals with a Gulf of Maine Northeast multispecies The public was provided the procedure using the information and gillnet fishery and the Mid-Atlantic opportunity to comment on the recommendations provided by the coastal gillnet fishery. Regulations management measures contained in HPTRP’s Harbor Porpoise Take issued under the authority of the Framework 28 at the Council’s January Reduction Team. The intent of this Magnuson-Stevens Act to implement 28, 1999, and February 24, 1999, action is to make the regulations to the FMP also contain measures to meetings. Documents summarizing the protect harbor porpoise in the Northeast achieve harbor porpoise mortality Council’s proposed action and the multispecies fishery, issued under the reduction goals. However, some of the analysis of biological and economic authority of the Magnuson-Stevens FMP implementing regulations are impacts of this and alternative actions Fishery Conservation and Management inconsistent with the HPTRP and the were available for public review one Act (Magnuson-Stevens Act) consistent, regulations issued to implement the week prior to the final February 24, to the extent allowed by the Magnuson- HPTRP. This action would eliminate the 1999, meeting, as is required under the Stevens Act, with the HPTRP and the inconsistencies in the Magnuson- framework adjustment procedures. regulations issued under the authority Stevens Act FMP implementing Written comments could be submitted of the Marine Mammal Protection Act regulations, to the extent allowed by the up to and during that meeting. No (MMPA) to implement the HPTRP. Magnuson-Stevens Act, by allowing the comments were received. use, at specified times, of gillnets in DATES: Classification Effective March 29, 1999. areas currently closed to gillnet gear, ADDRESSES: Copies of Amendment 7 to provided they are equipped with This rule makes the regulations the FMP, its regulatory impact review pingers; removing the pinger protecting harbor porpoise in the (RIR), and the final regulatory flexibility specifications currently contained in the Northeast multispecies fishery in the analysis contained within the RIR, its regulations and referencing the pinger FMP implementing regulations final supplemental environmental specifications found in the HPTRP; consistent, to the extent allowed by the impact statement, and Framework extending the Cape Cod South and Magnuson-Stevens Act, with the HPTRP Adjustment 28 documents are available Massachusetts Bay Closure Areas and the regulations implementing the on request from Paul J. Howard, (March 1–March 30) to December 1– HPTRP. Notice and opportunity for Executive Director, New England May 31; modifying the Mid-Coast public comment were provided to Fishery Management Council, 5 Closure Area coordinates in the discuss the management measures Broadway, Saugus, MA 01906–1097. regulations to comport with those implemented by this final rule. In addition, this framework needs to be FOR FURTHER INFORMATION CONTACT: specified in the HPTRP; and replacing filed with the Office of the Federal David M. Gouveia, Fishery Management the framework adjustment procedure Register as soon as possible in order to Specialist, 978–281–9280. requiring the Council’s Harbor Porpoise Review Team to annually review harbor allow gillnet vessels to fish in the Mid- SUPPLEMENTARY INFORMATION: porpoise mortality goals with a Coast Closure Area, as allowed under Framework Adjustment 28 was procedure using the information and the HPTRP. Therefore, the Assistant developed by the Council to make the recommendations provided by the Administrator for Fisheries, NOAA regulations to protect harbor porpoise in HPTRP’s Harbor Porpoise Take Review (AA), finds for good cause, under 5 the Northeast multispecies fishery, Team. Because of the limitations of U.S.C. 553(b)(B), that additional prior issued under the authority of the NMFS authority in regulating fishing notice and additional opportunity for Magnuson-Stevens Act, consistent, to vessels without Federal permits that fish public comment are unnecessary and the extent allowed by the Magnuson- exclusively in state waters, the contrary to the public interest. Stevens Act, with the HPTRP and the multispecies regulations cannot mirror Because Framework Adjustment 28 regulations issued under the authority state regulations on fishing activity as relieves more stringent measures by of the MMPA to implement the HPTRP. specified in the HPTRP and HPTRP providing industry the opportunity to The 1994 amendments to the MMPA implementing regulations. fish with gillnet gear equipped with require the preparation and pingers in areas currently closed to implementation of take reduction plans Abbreviated Rulemaking gillnet gear, under 5 U.S.C. 553(d)(1), it for strategic marine mammal stocks that NMFS is making these revisions to the is not subject to a 30-day delay in interact with Category I or II fisheries. regulations under the framework effectiveness. A fishery is designated by NMFS as a abbreviated rulemaking procedure Because prior notice and an Category I fishery if it has frequent codified at 50 CFR part 648, subpart F. opportunity for public comment are not incidental mortality and serious injury This procedure requires the Council, required to be provided for this rule by of marine mammals while a fishery is when making specifically allowed 5 U.S.C. 553, or by any other law, the designated by NMFS as a Category II adjustments to the regulations, to analytical requirements of the fishery if it has occasional serious develop and analyze the actions over Regulatory Flexibility Act, 5 U.S.C. 601 injuries and mortalities of marine the span of at least two Council et seq., are inapplicable. A Final mammals. Based on harbor porpoise meetings. The Council must provide the Regulatory Flexibility Analysis (FRFA) bycatch information contained in the public with advance notice of both the was prepared as part of the referenced marine mammal stock assessment proposals and the analysis, and with an Environmental Assessment for the reports, the Northeast multispecies sink opportunity to comment on them prior HPTRP. Although the FRFA indicates gillnet fishery was classified as a to and at a second Council meeting. that the HPTRP is significant because of Category I fishery and the Mid-Atlantic Upon review of the analysis and public the increased operating costs caused by

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MC2 ...... 42 30 70 15 (a)(3) of this section must remove all of MC3 ...... 42°40′ 70°15′ This final rule has been determined to their sink gillnets and other gillnet gear MC4 ...... 42°40′ 70°00′ be not significant for the purposes of capable of catching multispecies, with MC5 ...... 43°00′ 70°00′ E.O. 12866. the exception of pelagic gillnets MC6 ...... 43°00′ 69°30′ ° ′ ° ′ List of Subjects in 50 CFR Part 648 (conforming to all requirements for the MC7 ...... 43 30 69 30 MC8 ...... 43°30′ 69°00′ Fisheries, Fishing, Reporting and use of such gillnets in § 648.81(f)(2)(ii)) MC9 ...... (2) 69°00′ recordkeeping requirements. or gillnet gear equipped with pingers (as described in § 229.33(b) of this title), 1 Massachusetts shoreline. 2 Maine shoreline. Dated: March 29, 1999. and may not use, set, haul back, fish Andrew A. Rosenberg, with, or possess on board, unless (ii) Vessels subject to the restrictions Deputy Assistant Administrator for Fisheries, stowed in accordance with the and regulations specified in paragraph National Marine Fisheries Service. requirements of § 648.81(e)(4), sink (a) of this section may fish in the Mid- For the reasons set out in the gillnets and other gillnet gear capable of coast Closure Area, as defined under preamble, 50 CFR part 648 is amended catching multispecies, with the paragraph (a)(1)(i) of this section, from as follows: exception of pelagic gillnets September 15 through May 31 of each fishing year, provided that pingers are PART 648ÐFISHERIES OF THE (conforming to all requirements for the use of such gillnets in § 648.81(f)(2)(ii)) used in accordance with the NORTHEASTERN UNITED STATES requirements found at § 229.33(b) of this or gillnet gear equipped with pingers (as 1. The authority citation for part 648 title. described in § 229.33(b) of this title) in (2) Cape Cod South Closure Area. (i) continues to read as follows: the EEZ portion of the areas and for the From December 1 through May 31 of Authority: 16 U.S.C. 1801 et seq. times specified in paragraphs (a)(1), each fishing year, the restrictions and (a)(2), and (a)(3) of this section. Also, all 2. In § 648.14, paragraphs (a)(90) and requirements specified in paragraph (a) (c)(10) are revised to read as follows: persons owning or operating vessels of this section apply to the Cape Cod issued a limited access multispecies South Closure Area (copies of a chart § 648.14 Prohibitions. permit must remove all of their sink depicting this area are available from (a) * * * gillnets and other gillnet gear capable of the Regional Administrator upon (90) Use, set, haul back, fish with, fail catching multispecies, with the request), except as provided in to remove, or possess on board a vessel, exception of pelagic gillnets paragraph (a)(2)(ii) of this section, unless stowed in accordance with (conforming to all requirements for the which is the area bounded by straight § 648.81(e)(4), sink gillnets and other use of such gillnets in § 648.81(f)(2)(ii)) lines connecting the following points in gillnet gear capable of catching or gillnet gear equipped with pingers (as the order stated. multispecies, with the exception of described in § 229.33(b) of this title), pelagic gillnets (conforming to all from the areas and for the times CAPE COD SOUTH CLOSURE AREA requirements for the use of such gillnets specified in paragraphs (a)(1), (a)(2), and in § 648.81(f)(2)(ii)) or gillnet gear (a)(3) of this section, and, may not use, Point N. latitude W. longitude equipped with pingers (as described in set, haul back, fish with, or possess on CCS1 ...... (1) 71°45′ § 229.33(b) of this title), in the areas and board, unless stowed in accordance ° ′ ° ′ for the times specified in § 648.87 (a) CCS2 ...... 40 40 71 45 with the requirements of § 648.81(e)(4), CCS3 ...... 40°40′ 70°30′ and (b), except as provided in sink gillnets and other gillnet gear CCS4 ...... (2) 70°30′ § 648.81(f)(2)(ii) and § 648.87 (a) and (b), capable of catching multispecies, with 1 or unless otherwise authorized in RI Shoreline. 2 writing by the Regional Administrator. the exception of pelagic gillnets MA Shoreline. (conforming to all requirements for the * * * * * (ii) Vessels subject to the restrictions use of such gillnets in § 648.81(f)(2)(ii)) (c) * * * and regulations specified in paragraph (10) Enter, fail to remove sink gillnets or gillnet gear equipped with pingers (as (a) of this section may fish in the Cape and other gillnet gear capable of described in § 229.33(b) of this title) in Cod South Closure Area, as defined catching multispecies from, or be in the the areas and for the times specified in under paragraph (a)(2)(i) of this section, areas, and for the times, described in paragraphs (a)(1), (a)(2), and (a)(3) of from December 1 through the last day of § 648.87 (a) and (b), except as provided this section. February and April 1 through May 31 of in § 648.81(d), and (f)(2), and in (1) Mid-coast Closure Area. (i) From each fishing year, provided that pingers § 648.87(a)(1)(ii), (a)(2)(ii), and (a)(3)(ii). September 15 through May 31 of each are used in accordance with the * * * * * fishing year, the restrictions and requirements found at § 229.33(b) of this 3. In § 648.87, paragraphs (a) and (c) requirements specified in paragraph (a) title. are revised to read as follows: of this section apply to the Mid-coast (3) Massachusetts Bay Closure Area. (i) From December 1 through May 31 of Closure Area (copies of a chart depicting § 648.87 Gillnet requirements to reduce or each fishing year, the restrictions and this area are available from the Regional prevent marine mammal takes. requirements specified in paragraph (a) Administrator upon request), except as (a) Areas closed to gillnet gear capable of this section apply to the provided in paragraph (a)(1)(ii) of this of catching multispecies to reduce Massachusetts Bay Closure Area (copies harbor porpoise takes. Section 648.81(f) section, which is the area bounded by of a chart depicting this area are sets forth a closed area restriction to straight lines connecting the following available from the Regional reduce the take of harbor porpoise points in the order stated. Administrator upon request), except as

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Proposed Rules Federal Register Vol. 64, No. 62

Thursday, April 1, 1999

This section of the FEDERAL REGISTER inorganic or organic substances, 6. Your recommendation(s) for contains notices to the public of the proposed including the assembly of parts and classifying these types of small issuance of rules and regulations. The components, into the end item being businesses as manufacturers. purpose of these notices is to give interested acquired.’’ Some computer industry 7. The impact that a reclassification of persons an opportunity to participate in the businesses believe that SBA’s definition these small businesses would have on rule making prior to the adoption of the final the small business community. rules. of Manufacturer is too broad, and allows a firm that has made only minor Dated: March 5, 1999. modifications to a finished product Richard L. Hayes, SMALL BUSINESS ADMINISTRATION (manufactured by another company) to Associate Deputy Administrator for be classified as a Manufacturer. This Government Contracting and Minority 13 CFR Part 121 loose interpretation of the definition Enterprise Development. may have caused the inappropriate [FR Doc. 99–7740 Filed 3–31–99; 8:45 am] Small Business Size Standards; application of SBA’s Nonmanufacturer BILLING CODE 8025±01±P Request for Comments Rule (13 CFR 121.406 (b)). The AGENCY: Small Business Administration. Nonmanufacturer Rule is intended to provide assurance that agency contract ACTION: DEPARTMENT OF TRANSPORTATION Request for comments. awards are directed solely for the SUMMARY: The Small Business purpose of assisting and developing Federal Aviation Administration Administration (SBA) is requesting small business manufacturers. public comment on the definition In order to provide more precise 14 CFR Part 71 guidance on the application of the ‘‘Manufacturer,’’ which appears in [Airspace Docket No. 99±AWS±08] SBA’s regulations on small business size Nonmanufacturer Rule, SBA, in standards, as it applies to the computer conjunction with public input, wants to Proposed Revocation of Class D industry. Because some in the computer develop a current definition of the term Airspace; Dallas NAS, Dallas, TX industry have interpreted this definition ‘‘Manufacturer,’’ and a new definition too broadly, SBA’s Nonmanufacturer for the term ‘‘Remanufacturer.’’ SBA has AGENCY: Federal Aviation Rule may have been applied developed the following description for Administration (FAA), DOT. inappropriately. The Nonmanufacturer Remanufacturer: ‘‘any person that ACTION: Notice of proposed rulemaking. Rule is intended to provide assurance processes, conditions, renovates, repackages, restores, or does any other SUMMARY: This notice proposes to that agency contract awards are directed revoke the Class D airspace area at solely for the purpose of assisting and act to a finished product that significantly changes the finished Dallas Naval Air Station (NAS), Dallas, developing small business TX. The FAA is taking this action due manufacturers. In order to provide more products performance or specification, or intended use.’’ SBA would appreciate to the closure of Dallas NAS. The precise guidance on the application of United States Navy no longer requires the Nonmanufacturer Rule, SBA, in comments from the public. The SBA also seeks public comment use of the airspace. The intended effect conjunction with public input, wants to of this proposal is to revoke the Class D develop a modern definition of the term and industry-based data on the specific questions listed below. Commenters are airspace at Dallas NAS since it is no ‘‘Manufacturer’’ and to establish a new longer needed. definition for the term not limited to, nor obligated to address, DATES: Comments must be received on ‘‘Remanufacturer.’’ every question. In providing comments, please key your response to the number or before June 1, 1999. DATES: Submit comments on or before of the applicable question (e.g., ADDRESSES: Send comments on the June 1, 1999. ‘‘Response to question 1.’’). Please be proposal in triplicate to Manager, ADDRESSES: Submit comments to David industry specific. Comments should be Airspace Branch, Air Traffic Division, Wm. Loines, Procurement Analyst, U.S. as precise as possible. The use of Federal Aviation Administration, Small Business Administration, 409 3rd examples is encouraged. Southwest Region, Docket No. 99– Street, SW., Washington, DC 20416. Comments are requested on the ASW–08, Fort Worth, TX 76193–0520. FOR FURTHER INFORMATION CONTACT: following issues: The official docket may be examined in David Wm. Loines, Procurement 1. Should small business concerns the Office of the Regional Counsel, Analyst, (202) 205–6475, FAX (202) that make minor modifications to Southwest Region, Federal Aviation 205–7324. finished products be classified as Administration, 2601 Meacham SUPPLEMENTARY INFORMATION: The Small manufacturers? Boulevard, Fort Worth, TX, between Business Administration (SBA) is 2. What is manufacturer in the 9:00 a.m. and 3:00 p.m., Monday requesting public comment on the computer industry (hardware, Value- through Friday, except Federal holidays. definition ‘‘Manufacturer,’’ which added changes, Software)? As informal docket may also be appears in SBA’s regulations on small 3. What classifies as minor examined during normal business hours business size standards, as it applies to modifications? at the Airspace Branch, Air Traffic the computer industry. In 13 CFR 4. Should Value-Added Resellers Division, Federal Aviation 121.406(b)(2), SBA currently defines (VARs) be considered manufacturers? Administration, southwest Region, 2601 Manufacturer as ‘‘the concern which, 5. Should the definition for Meacham Boulevard, Fort Worth, TX. with its own facilities, performs the Remanufacturer be used to describe FOR FURTHER INFORMATION CONTACT: primary activities in transforming these small businesses? Donald J. Day, Airspace Branch, Air

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Traffic Division, Federal Aviation action due to the closure of Dallas NAS. Paragraph 5000 Class D airspace areas. Administration, Southwest Region, Fort The United States Navy no longer * * * * * Worth, TX 76193–0520; telephone: (817) requires use of the airspace. The ASW TX D Dallas NAS Dallas, TX 222–5593. intended effect of this proposal is to [Removed] SUPPLEMENTARY INFORMATION: revoke the Class D airspace at Dallas NAS since it is no longer needed. * * * * * Comments Invited Issued in Fort Worth, TX on March 24, The coordinates for this airspace 1999. Interested parties are invited to docket are based on North American participate in this proposed rulemaking Albert L. Viselli, Datum 83. Designated Class D airspace Acting Manager, Air Traffic Division, by submitting such written data, views, areas are published in Paragraph 5000 of or arguments as they may desire. Southwest Region. FAA Order 7400.9F, dated September [FR Doc. 99–8022 Filed 3–31–99; 8:45 am] Comments that provide the factual basis 10, 1998, and effective September 16, supporting the views and suggestions 1998, which is incorporated by BILLING CODE 4910±13±M presented are particularly helpful in reference in 14 CFR 71.1. The Class D developing reasoned regulatory airspace designations listed in this decisions on the proposal. Comments DEPARTMENT OF TRANSPORTATION document would be published are specifically invited on the overall subsequently in the order. regulatory, aeronautical, economic, Coast Guard environmental, and energy-related The FAA has determined that this proposed regulation only involves a 33 CFR Parts 175, 177, 179, 181, and aspects of the proposal. 183 Communications should identify the revised body of technical regulations that require frequent and routine airspace docket number and be 46 CFR Parts 10, 15, 24, 25, 26, 28, 70, submitted in triplicate to the address amendments to keep them operationally 169, and 175 listed under the caption ADDRESSES. current. It, therefore—(1) is not a Commenters wishing the FAA to ‘‘significant rule’’ under ‘‘significant [USCG±1999±5040] acknowledge receipt of their comments regulatory action’’ under Executive RIN 2115±AF69 on this notice must submit, with those Order 12866; is not a DOT Regulatory comments, a self-addressed, stamped, Policies and Procedures (44 FR 11034; Safety of Uninspected Passenger postcard containing the following February 26, 1979); and (3) does not Vessels Under the Passenger Vessel statement: ‘‘Comments to Airspace warrant preparation of a regulatory Safety Act of 1993 (PVSA) Docket No. 99–ASW–08.’’ The postcard evaluation as the anticipated impact is AGENCY: Coast Guard, DOT. will be date and time stamped and so minimal. Since this is a routine ACTION: returned to the commenter. All matter that will only affect air traffic Advance notice of proposed communications received on or before procedures and air navigation, it is rulemaking. the specified closing date for comments certified that this rule, when SUMMARY: The Coast Guard will propose will be considered before taking action promulgated, will not have a significant regulations that implement safety on the proposed rule. The proposal impact on a substantial number of small measures for uninspected passenger contained in this notice may be changed entities under the criteria of the vessels under the Passenger Vessel in the light of comments received. All Regulatory Flexibility Act. Safety Act of 1993 (PVSA). These comments submitted will be available List of Subjects in 14 CFR Part 71 regulations will implement the new for examination in the Office of the class of uninspected passenger vessel of Regional Counsel, Southwest Region, Airspace, Incorporation by reference, at least 100 gross tons, address the Federal Aviation Administration, 2601 Navigation (air). confusion regarding bareboat charters, Meacham Boulevard, Fort Worth, TX, The Proposed Amendment provide for the issuance of special bothe before and after the closing date permits to certain uninspected for comments. A report summarizing In consideration of the foregoing, the passenger vessels, and develop specific each substantive public contact with Federal Aviation Administration manning, structural fire protection, FAA personnel concerned with this proposes to amend 14 CFR part 71 as operating, and equipment requirements rulemaking will be filed in the docket follows: for a limited fleet of PVSA exempted Availability of NPRM’s PART 71ÐDESIGNATION OF CLASS A, vessels. To obtain information needed to develop appropriate rules, the Coast Any person may obtain a copy of this CLASS B, CLASS C, CLASS D, AND Guard asks for comments from the Notice of Proposed Rulemaking (NPRM) CLASS E AIRSPACE AREAS; public on the questions listed in this by submitting a request to the AIRWAYS; ROUTES; AND REPORTING document. Operations Branch, Air Traffic Division, POINTS Federal Aviation Administration, DATES: Comments must reach the Southwest Region, Fort Worth, TX 1. The authority citation for 14 CFR Docket Management Facility on or 76193–0520. Communications must part 71 continues to read as follows: before June 30, 1999. identify the notice number of this Authority: 49 U.S.C. 106(g), 40103, 40113, ADDRESSES: You may mail your NPRM. Persons interested in being 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959– comments to the Docket Management placed on a mailing list for future 1963 Comp., 389. Facility, (USCG–1999–5040), U.S. Department of Transportation, room PL– NPRM’s should also request a copy of § 71.1 [Amended] Advisory Circular No. 11–2A that 401, 400 Seventh Street SW., describes the application procedure. 2. The incorporation by reference in Washington DC 20590–0001, or deliver 14 CFR 71.1 of the Federal Aviation them to room PL–401 on the Plaza level The Proposal Administration Order 7400.9F, Airspace of the Nassif Building at the same The FAA is considering an Designations and Reporting Points, address between 9 a.m. and 5 p.m., amendment to 14 CFR part 71 to revoke dated September 10, 1998, and effective Monday through Friday, except Federal the Class D airspace area at Dallas NAS, September 16, 1998, is amended as holidays. The telephone number is 202– Dallas, TX. The FAA is taking this follows: 366–9329.

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The Docket Management Facility • Carrying more than 6 passengers, at period for application expired June 21, maintains the public docket for this least one of whom is a passenger for 1994, and the period for compliance rulemaking. Comments and documents, hire, whether chartered or not; expired on December 21, 1996. With as indicated in this preamble, will • Carrying more than 6 passengers widespread public notification, several become part of this docket and will be when chartered with the crew provided hundred charter vessels applied for and available for inspection or copying at or specified; or met the conditions for certification with room PL–401 on the Plaza level of the • Carrying more than 12 passengers the requirements of the PVSA and Nassif Building at the same address when chartered with no crew provided. policy guidance of Navigation and between 9 a.m. and 5 p.m., Monday Second, the PVSA establishes a new Inspection Circular (NVIC) 7–94. This through Friday, except Federal holidays. class of uninspected passenger vessel of NVIC is available on the Internet at You may also access this docket on the at least 100 gross tons. This new class www.uscg.mil/hq/g-m/nvic/ Internet at http://www.dms.gov. of uninspected passenger vessel is index90.htm. Additionally, the PVSA FOR FURTHER INFORMATION CONTACT: For limited to: authorizes the Coast Guard to develop • questions on this notice, contact Carrying no more than 12 specific operating and equipment Lieutenant Keith B. Janssen, Office of passengers, at least one of whom is a requirements for 16 charter vessels Operating and Environmental passenger for hire, whether chartered or greater than 100 gross tons that met Standards, (G–MSO–2), U.S. Coast not; exemption criteria contained in the • Guard, telephone 202–267–1055. For Carrying no more than 12 PVSA and NVIC 7–94. questions on viewing, or submitting passengers when chartered with the The Coast Guard plans to develop material to, the docket, contact Dorothy crew provided or specified; or regulations that will implement the new • Walker, Chief, Documentary Services Carrying no more than 12 class of uninspected passenger vessel of Division, Department of Transportation, passengers when chartered with no at least 100 gross tons, address the telephone 202–366–9329. crew provided. confusion regarding bareboat charters, Uninspected passenger vessels, SUPPLEMENTARY INFORMATION: provide for the issuance of special greater than 100 gross tons, that carry permits to certain uninspected Request for Comments more than 12 passengers for hire are to passenger vessels, and develop specific The Coast Guard encourages you to be inspected as a passenger vessel under operating and equipment requirements participate in this rulemaking by 46 CFR Subchapter H. for a limited fleet of PVSA exempted submitting written data, views, or Third, the PVSA requires the Coast vessels. arguments. Persons submitting Guard to develop equipment, Assistance for Small Entities comments should include their names construction, and operating standards and addresses, identify this rulemaking for uninspected passenger vessels In accordance with section 213(a) of (USCG–1999–5040) and the specific greater than 100 gross tons. the Small Business Regulatory section of this document to which each Fourth, the PVSA allows the Coast Enforcement Fairness Act of 1996 (Pub. comment applies, and give the reason Guard to develop regulations for special L. 104–121), the Coast Guard wants to for each comment. The Coast Guard will permits that allow the operation of assist small entities in understanding consider all comments received during uninspected passenger vessels as this notice so that they can better the comment period. Please submit all authorized in section 511 of the PVSA. evaluate the effects of any future rule on comments and attachments in an These special circumstances and them and participate in the rulemaking unbound format, no larger than 81⁄2 by conditions were described in Senate process. If your small business or 11 inches, suitable for copying and Report 103–198 and include among organization is affected by the PVSA electronic filing to the Docket other items that: and you have questions concerning its • Management Facility at the address Special permits for uninspected provisions or options for compliance, under ADDRESSES. Persons wanting passenger vessels will only be issued for please contact Lieutenant Keith B. charitable purposes; Janssen, Office of Operating and acknowledgment of receipt of comments • should enclose stamped self-addressed That a certain vessel may only be Environmental Standards, (G–MSO–2), postcards or envelopes. granted a special permit a maximum of U.S. Coast Guard, telephone 202–267– The Coast Guard plans no public four times per year; and • 1055. hearing. You may request a public That an application for a special Questions hearing by writing to the Docket permit must be made to and approved Management Facility at the address by the cognizant Officer in Charge of The Coast Guard asks the public for under ADDRESSES. The request should Marine Inspection prior to the voyage. input on the issues discussed in this include the reasons why a hearing Fifth, and finally, the PVSA document. To help develop a proposed would be beneficial. If it determines that eliminates confusion regarding the use rule, the Coast Guard requests the opportunity for oral presentations of bareboat charter agreements for the comments on the following questions, will aid this rulemaking, the Coast carriage of passengers for hire. The although comments on other issues Guard will hold a public hearing at a previous statutory definition of addressed in this document are also time and place announced by a later ’passenger’ did not limit a vessel from welcome. When responding to notice in the Federal Register. having an unlimited number of questions, please explain your reasons charterers (owners). Therefore, vessels for each answer and follow the Background and Purpose that were not certificated by the Coast instructions located under REQUEST The Passenger Vessel Safety Act of Guard were able to carry large numbers FOR COMMENTS. 1993 (PVSA) (Pub. L. 103–206) was of people. The PVSA’s narrow signed on December 20, 1993. The definition of ‘passenger’ subjected some Questions 1 through 16 refer to PVSA makes several changes to the laws formerly chartered vessels to Coast uninspected passenger vessels of at for uninspected passenger vessels. First, Guard inspection for certification for the least 100 gross tons the PVSA requires vessels less than 100 first time. The PVSA allowed these (1) The Coast Guard is seeking gross tons to be inspected as a small vessels to apply for inspection with a information regarding the size of the passenger vessel if they are: phase-in period for compliance. The fleet of uninspected passenger vessels of

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What are current, advertised permit must be made to and approved which additional port(s) do they daily or weekly passenger-for-hire by the cognizant Officer in Charge of operate? Please identify some specific service rates for this class of vessel? Marine Inspection prior to the voyage. port(s) rather than a region. That helps How will the implementation of the (17) Based on this criteria, should the the Coast Guard identify any port(s) PVSA impact charter or passenger-for- Coast Guard develop regulations to with a large population of this class of hire service rates? allow a special permit for uninspected vessel. Please indicate what percentage (9) How many days per year do these passenger vessels? Please identify the of the year these vessels are in each vessels currently operate in charter or reason(s) for your answer(s). location. passenger-for-hire service? How will the Dated: March 26, 1999. (3) What type of safety equipment do implementation of the PVSA impact the these vessels ordinarily carry? What R.C. North, number of days per year that these type of safety equipment, at a minimum, Assistant Commandant for Marine Safety and vessels operate in charter or passenger- should the Coast Guard require these Environmental Protection. for-hire service? vessels to carry? Examples of safety [FR Doc. 99–8024 Filed 3–31–99; 8:45 am] (10) On average, how many hours per equipment include, but are not limited BILLING CODE 4910±15±P day do these vessels spend underway to: Type I personal flotation devices; with at least one passenger for hire ring life buoys; life rafts; auxiliary aboard? vessels; emergency position indicating (11) Are these vessels underway in radio beacon (EPIRB); high water ENVIRONMENTAL PROTECTION the passenger-for-hire service more than alarms; fire and smoke alarms/detectors; AGENCY 12 hours during a 24-hour period? If so, and other fire fighting equipment or is this representative of normal systems. What standard(s) should the 40 CFR Part 52 operations or the occasional voyage? If safety equipment meet? Examples of possible, please identify the annual existing standards for safety equipment [MO 067±1067b; FRL±6315±8] breakdown of passenger-for-hire service include, but are not limited to: voyages less than and more than 12 Approval and Promulgation of American Yacht and Boat Council hours duration in a 24-hour period. Implementation Plans; State of (AYBC); National Fire Protection Please indicate this information by Missouri Association (NFPA); or American percentage. Bureau of Shipping (ABS). (12) On which route(s) do these AGENCY: Environmental Protection (4) What generally accepted Agency (EPA). construction standard(s) should these vessels operate routinely? On which ACTION: Proposed rule. vessels meet? Examples of generally route(s) do these vessels operate occasionally? Do traditional routes accepted construction standards SUMMARY: The EPA proposes to approve exist? If so, where? include, but are not limited to: AYBC, the SIP revision submitted by the state (13) Are the majority of voyage NFPA, or ABS. Do any applications or of Missouri related to revisions to itineraries for these vessels individually systems on these vessels currently meet Missouri’s Open Burning Rule (10 CSR (custom) planned or are they regularly generally accepted standards? Which 10–3.030) and Sampling Methods Rule scheduled? generally accepted standards normally (10 CSR 10–6.030). In the final rules (14) What is the percentage apply to which application or systems? section of this Federal Register, the EPA breakdown between domestic and Examples of applications and systems is approving the state’s SIP submittal as international voyages? Please indicate include, but are not limited to: a direct final rule without prior percentages on an annual basis. lifesaving equipment, heating/cooling proposal, because the Agency views this (15) What are the major areas of facilities, marine sanitation devices, as a noncontroversial submittal and concern regarding the impact that the structural fire-protection devices, and anticipates no adverse comments. A implementation of the PVSA might have electrical wiring. detailed rationale for the approval is set on the vessel fleet? Are there any (5) Do owners, operators, or charter forth in the direct final rule. If no generally recognized problems within brokers require a minimum level of adverse comments are received in the vessel fleet that should be addressed licensing and experience for a vessel response to this action, no further by regulation? operator? If so, what are those activity is contemplated. If the EPA (16) What are other general areas of requirements? What licensing receives adverse comments, the direct concern regarding possible regulatory requirements should the Coast Guard final rule will be withdrawn, and all action to implement the PVSA? require for operators of uninspected public comments received will be passenger vessels of at least 100 gross Question 17 refers to any uninspected addressed in a subsequent final rule tons? passenger vessel based on this proposed rule. The EPA (6) How many businesses operate a will not institute a second comment full-time or part-time charter or The PVSA allows the Coast Guard to period. Any parties interested in passenger-for-hire service operation for develop regulations for special permits commenting on this action should do so this type of vessel? What portion of that allow the operation of uninspected at this time. these businesses employ less than 500 passenger vessels as authorized in people? section 511 of the PVSA. These special DATES: Written comments must be (7) Are these vessels operated in circumstances and conditions were received on or before May 3, 1999. passenger-for-hire service on a full-time described in Senate Report 103–198 and ADDRESSES: All comments should be or part-time basis? How often are these include among other items that: addressed to Joshua A. Tapp at the

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Environmental Protection Agency, Air President, Mountain West Broadcasting, Channel 280A can be allotted to Planning and Development Branch, 726 6807 Foxglove Drive, Cheyenne, Dunkerton in compliance with the Minnesota Avenue, Kansas City, Kansas Wyoming 82009 (Petitioner). Commission’s minimum distance 66101. FOR FURTHER INFORMATION CONTACT: separation requirements with a site Copies of the state submittals are Sharon P. McDonald, Mass Media restriction of 8.9 kilometers (5.6 miles) available at the following addresses for Bureau, (202) 418–2180. north to avoid a short-spacing to the inspection during normal business SUPPLEMENTARY INFORMATION: This is a licensed site of Station KLTI–FM, hours: Environmental Protection synopsis of the Commission’s Notice of Channel 281C, Ames, Iowa. The Agency, Air Planning and Development Proposed Rule Making, MM Docket No. coordinates for Channel 280A at Branch, 726 Minnesota Avenue, Kansas 99–94, adopted March 17, 1999, and Dunkerton are 42–38–59 North Latitude City, Kansas 66101; and the released March 26, 1999. The full text and 92–10–32 West Longitude. Environmental Protection Agency, Air of this Commission decision is available DATES: Comments must be filed on or and Radiation Docket and Information for inspection and copying during before May 17, 1999, and reply Center, Air Docket (6102), 401 M Street, normal business hours in the FCC comments on or before June 1, 1999. SW, Washington, DC 20460. Reference Center (Room 239), 1919 M ADDRESSES: Federal Communications FOR FURTHER INFORMATION CONTACT: Street, NW., Washington, DC. The Commission, Washington, DC 20554. In Joshua A. Tapp at (913) 551–7606. complete text of this decision may also addition to filing comments with the SUPPLEMENTARY INFORMATION: For be purchased from the Commission’s FCC, interested parties should serve the additional information see the direct copy contractor, International petitioner, his counsel, or consultant, as final rule which is located in the rules Transcription Service, Inc., (202) 857– follows: Victor A. Michael, Jr., section of this Federal Register. 3800, 1231 20th Street, NW., President, Mountain West Broadcasting, Dated: March 16, 1999. Washington, DC 20036. 6807 Foxglove Drive, Cheyenne, Provisions of the Regulatory Wyoming 82009 (Petitioner). Dennis Grams, Flexibility Act of 1980 do not apply to Regional Administrator, Region VII. FOR FURTHER INFORMATION CONTACT: this proceeding. Sharon P. McDonald, Mass Media [FR Doc. 99–7907 Filed 3–31–99; 8:45 am] Members of the public should note Bureau, (202) 418–2180. BILLING CODE 6560±50±P that from the time a Notice of Proposed SUPPLEMENTARY INFORMATION: This is a Rule Making is issued until the matter synopsis of the Commission’s Notice of is no longer subject to Commission Proposed Rule Making, MM Docket No. FEDERAL COMMUNICATIONS consideration or court review, all ex COMMISSION 99–95, adopted March 17, 1999, and parte contacts are prohibited in released March 26, 1999. The full text Commission proceedings, such as this 47 CFR Part 73 of this Commission decision is available one, which involve channel allotments. for inspection and copying during [MM Docket No. 99±94; RM±9532] See 47 CFR 1.1204(b) for rules normal business hours in the FCC governing permissible ex parte contacts. Reference Center (Room 239), 1919 M Radio Broadcasting Services; Hinton, For information regarding proper Street, NW., Washington, DC. The IA filing procedures for comments, see 47 complete text of this decision may also CFR 1.415 and 1.420. AGENCY: Federal Communications be purchased from the Commission’s Commission. List of Subjects in 47 CFR Part 73 copy contractor, International Transcription Service, Inc., (202) 857– ACTION: Proposed rule. Radio broadcasting. 3800, 1231 20th Street, NW., SUMMARY: The Commission requests Federal Communications Commission. Washington, DC 20036. comments on a petition filed by John A. Karousos, Provisions of the Regulatory Mountain West Broadcasting proposing Chief, Allocations Branch, Policy and Rules Flexibility Act of 1980 do not apply to the allotment of Channel 267A at Division, Mass Media Bureau. this proceeding. Hinton, Iowa, as the community’s first [FR Doc. 99–8048 Filed 3–31–99; 8:45 am] Members of the public should note local aural transmission service. BILLING CODE 6712±01±P that from the time a Notice of Proposed Channel 267A can be allotted to Hinton Rule Making is issued until the matter in compliance with the Commission’s is no longer subject to Commission minimum distance separation FEDERAL COMMUNICATIONS consideration or court review, all ex requirements with a site restriction of COMMISSION parte contacts are prohibited in 1.8 kilometers (1.1 miles) south to avoid Commission proceedings, such as this a short-spacing to the licensed site of 47 CFR Part 73 one, which involve channel allotments. Station KLQL(FM), Channel 266C2, [MM Docket No. 99±95; RM±9533] See 47 CFR 1.1204(b) for rules Luverne, Minnesota. The coordinates for governing permissible ex parte contacts. Channel 267A at Hinton are 42–36–43 Radio Broadcasting Services; For information regarding proper North Latitude and 96–17–29 West Dunkerton, IA filing procedures for comments, see 47 Longitude. CFR 1.415 and 1.420. AGENCY: Federal Communications DATES: Comments must be filed on or Commission. List of Subjects in 47 CFR Part 73 before May 17, 1999, and reply ACTION: Proposed rule. comments on or before June 1, 1999. Radio broadcasting. ADDRESSES: Federal Communications SUMMARY: The Commission requests Federal Communications Commission. Commission, Washington, DC 20554. In comments on a petition filed by John A. Karousos, addition to filing comments with the Mountain West Broadcasting proposing Chief, Allocations Branch, Policy and Rules FCC, interested parties should serve the the allotment of Channel 280A at Division, Mass Media Bureau. petitioner, his counsel, or consultant, as Dunkerton, Iowa, as the community’s [FR Doc. 99–8050 Filed 3–31–99; 8:45 am] follows: Victor A. Michael, Jr., first local aural transmission service. BILLING CODE 6712±01±P

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FEDERAL COMMUNICATIONS one, which involve channel allotments. Street, NW., Washington, DC. The COMMISSION See 47 CFR 1.1204(b) for rules complete text of this decision may also governing permissible ex parte contacts. be purchased from the Commission’s 47 CFR Part 73 For information regarding proper copy contractor, International [MM Docket No. 99±96; RM±9534] filing procedures for comments, see 47 Transcription Service, Inc., (202) 857– CFR 1.415 and 1.420. 3800, 1231 20th Street, NW., Radio Broadcasting Services; Newell, List of Subjects in 47 CFR Part 73 Washington, DC 20036. SD Provisions of the Regulatory Radio broadcasting. Flexibility Act of 1980 do not apply to AGENCY: Federal Communications Federal Communications Commission. this proceeding. Commission. John A. Karousos, Members of the public should note ACTION: Proposed rule. Chief, Allocations Branch, Policy and Rules that from the time a Notice of Proposed Division, Mass Media Bureau. Rule Making is issued until the matter SUMMARY: The Commission requests [FR Doc. 99–8051 Filed 3–31–99; 8:45 am] is no longer subject to Commission comments on a petition filed by consideration or court review, all ex BILLING CODE 6712±01±P Mountain West Broadcasting proposing parte contacts are prohibited in the allotment of Channel 288C2 at Commission proceedings, such as this Newell, South Dakota, as the one, which involve channel allotments. community’s first local aural FEDERAL COMMUNICATIONS COMMISSION See 47 CFR 1.1204(b) for rules transmission service. Channel 288C2 governing permissible ex parte contacts. can be allotted to Newell in compliance 47 CFR Part 73 For information regarding proper with the Commission’s minimum filing procedures for comments, see 47 [MM Docket No. 99±97; RM±9535] distance separation requirements at city CFR 1.415 and 1.420. reference coordinates. The coordinates for Channel 288C2 at Newell are 44–43– Radio Broadcasting Services; Manville, List of Subjects in 47 CFR Part 73 WY 00 North Latitude and 103–25–18 West Radio broadcasting. Longitude. AGENCY: Federal Communications Federal Communications Commission. DATES: Comments must be filed on or Commission. John A. Karousos, before May 17, 1999, and reply ACTION: Proposed rule. comments on or before June 1, 1999. Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. ADDRESSES: Federal Communications SUMMARY: The Commission requests [FR Doc. 99–8052 Filed 3–31–99; 8:45 am] Commission, Washington, DC 20554. In comments on a petition filed by addition to filing comments with the Mountain West Broadcasting proposing BILLING CODE 6712±01±P FCC, interested parties should serve the the allotment of Channel 255C1 at petitioner, his counsel, or consultant, as Manville, Wyoming, as the community’s first local aural transmission service. FEDERAL COMMUNICATIONS follows: Victor A. Michael, Jr., COMMISSION President, Mountain West Broadcasting, Channel 255C1 can be allotted to 6807 Foxglove Drive, Cheyenne, Manville in compliance with the 47 CFR Part 73 Wyoming 82009 (Petitioner). Commission’s minimum distance separation requirements at city [MM Docket No. 99±88, RM±9515] FOR FURTHER INFORMATION CONTACT: reference coordinates. The coordinates Sharon P. McDonald, Mass Media for Channel 255C1 at Manville are 42– Radio Broadcasting Services; Wells, Bureau, (202) 418–2180. 46–45 North Latitude and 104–37–02 NV SUPPLEMENTARY INFORMATION: This is a West Longitude. synopsis of the Commission’s Notice of AGENCY: Federal Communications DATES: Comments must be filed on or Proposed Rule Making, MM Docket No. Commission. before May 17, 1999, and reply 99–96, adopted March 17, 1999, and ACTION: Proposed rule. comments on or before June 1, 1999. released March 26, 1999. The full text SUMMARY: of this Commission decision is available ADDRESSES: Federal Communications The Commission requests for inspection and copying during Commission, Washington, DC 20554. In comments on a petition filed by normal business hours in the FCC addition to filing comments with the Mountain West Broadcasting seeking Reference Center (Room 239), 1919 M FCC, interested parties should serve the the allotment of Channel 280C1 to Street, NW., Washington, DC. The petitioner, his counsel, or consultant, as Wells, NV, as the community’s first complete text of this decision may also follows: Victor A. Michael, Jr., local aural service. Channel 280C1 can be purchased from the Commission’s President, Mountain West Broadcasting, be allotted to Wells in compliance with copy contractor, International 6807 Foxglove Drive, Cheyenne, the Commission’s minimum distance Transcription Service, Inc., (202) 857– Wyoming 82009 (Petitioner). separation requirements without the 3800, 1231 20th Street, NW., FOR FURTHER INFORMATION CONTACT: imposition of a site restriction, at Washington, DC 20036. Sharon P. McDonald, Mass Media coordinates 41–06–42 NL; 114–57–48 Provisions of the Regulatory Bureau, (202) 418–2180. WL. Flexibility Act of 1980 do not apply to SUPPLEMENTARY INFORMATION: This is a DATES: Comments must be filed on or this proceeding. synopsis of the Commission’s Notice of before May 17, 1999, and reply Members of the public should note Proposed Rule Making, MM Docket No. comments on or before June 1, 1999. that from the time a Notice of Proposed 99–97, adopted March 17, 1999, and ADDRESSES: Federal Communications Rule Making is issued until the matter released March 26, 1999. The full text Commission, 445 12th Street, S.W., is no longer subject to Commission of this Commission decision is available Room TW–A325, Washington, DC consideration or court review, all ex for inspection and copying during 20554. In addition to filing comments parte contacts are prohibited in normal business hours in the FCC with the FCC, interested parties should Commission proceedings, such as this Reference Center (Room 239), 1919 M serve the petitioner, or its counsel or

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AGENCY: Federal Communications Proposed Rule Making, MM Docket No. Commission. 99–88, adopted March 17, 1999, and ADDRESSES: Federal Communications released March 26, 1999. The full text Commission, 445 12th Street, S.W., ACTION: Proposed rule; dismissal of. of this Commission decision is available Room TW–A325, Washington, DC 20554. In addition to filing comments SUMMARY: The Commission, at the for inspection and copying during request of Cram Communications, LLC, normal business hours in the FCC with the FCC, interested parties should serve the petitioner, or its counsel or dismisses its request to reallot Channel Reference Center (Room 239), 1919 M 286B from DeRuyter to Chittenango, NY, Street, NW., Washington, DC. The consultant, as follows: Victor A. Michael, Jr., President, Mountain West and modify its license for Station complete text of this decision may also WVOA to specify Chittenango as its be purchased from the Commission’s Broadcasting, 6807 Foxglove Drive, Cheyenne, WY 82009 (Petitioner). community of license. See 63 FR 11400, copy contractor, International March 9, 1998. With this action, this Transcription Services, Inc., (202) 857– FOR FURTHER INFORMATION CONTACT: proceeding is terminated. 3800, 1231 20th Street, NW, Leslie K. Shapiro, Mass Media Bureau, FOR FURTHER INFORMATION CONTACT: Washington, DC 20036. (202) 418–2180. Provisions of the Regulatory Leslie K. Shapiro, Mass Media Bureau, Flexibility Act of 1980 do not apply to SUPPLEMENTARY INFORMATION: This is a (202) 418–2180. this proceeding. synopsis of the Commission’s Notice of SUPPLEMENTARY INFORMATION: This is a Members of the public should note Proposed Rule Making, MM Docket No. synopsis of the Commission’s Report that from the time a Notice of Proposed 99–89, adopted March 17, 1999, and and Order, MM Docket No. 98–22, Rule Making is issued until the matter released March 26, 1999. The full text adopted March 17, 1999, and released is no longer subject to Commission of this Commission decision is available March 26, 1999. The full text of this consideration or court review, all ex for inspection and copying during Commission decision is available for parte contacts are prohibited in normal business hours in the FCC inspection and copying during normal Commission proceedings, such as this Reference Center (Room 239), 1919 M business hours in the FCC Reference one, which involve channel allotments. Street, NW., Washington, DC. The Center (Room 239), 1919 M Street, NW., See 47 CFR 1.1204(b) for rules complete text of this decision may also Washington, DC. The complete text of governing permissible ex parte contacts. be purchased from the Commission’s this decision may also be purchased For information regarding proper copy contractor, International from the Commission’s copy contractor, filing procedures for comments, see 47 Transcription Services, Inc., (202) 857– International Transcription Services, CFR 1.415 and 1.420. 3800, 1231 20th Street, NW, Inc., (202) 857–3800, 1231 20th Street, Washington, DC 20036. NW, Washington, DC 20036. List of Subjects in 47 CFR Part 73 Provisions of the Regulatory List of Subjects in 47 CFR Part 73 Radio broadcasting. Flexibility Act of 1980 do not apply to Radio broadcasting. Federal Communications Commission. this proceeding. Federal Communications Commission. John A. Karousos, Members of the public should note John A. Karousos, that from the time a Notice of Proposed Chief, Allocations Branch, Policy and Rules Rule Making is issued until the matter Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. Division, Mass Media Bureau. is no longer subject to Commission [FR Doc. 99–8053 Filed 3–31–99; 8:45 am] consideration or court review, all ex [FR Doc. 99–8044 Filed 3–31–99; 8:45 am] BILLING CODE 6712±01±P parte contacts are prohibited in BILLING CODE 6712±01±P Commission proceedings, such as this one, which involve channel allotments. FEDERAL COMMUNICATIONS FEDERAL COMMUNICATIONS See 47 CFR 1.1204(b) for rules COMMISSION COMMISSION governing permissible ex parte contacts. 47 CFR Part 73 For information regarding proper 47 CFR Part 73 [MM Docket No. 99±89, RM±9516] filing procedures for comments, see 47 CFR 1.415 and 1.420. [MM Docket No. 99±91; RM±9529] Radio Broadcasting Services; Caliente, List of Subjects in 47 CFR Part 73 Radio Broadcasting Services; Manson, NV IA Radio broadcasting. AGENCY: Federal Communications AGENCY: Federal Communications Commission. Federal Communications Commission. Commission. SUMMARY: The Commission requests John A. Karousos, ACTION: Proposed rule. comments on a petition filed by Mountain West Broadcasting seeking Chief, Allocations Branch, Policy and Rules SUMMARY: The Commission requests the allotment of Channel 233C1 to Division, Mass Media Bureau. comments on a petition filed by Caliente, NV, as the community’s first [FR Doc. 99–8054 Filed 3–31–99; 8:45 am] Mountain West Broadcasting proposing local aural service. Channel 233C1 can BILLING CODE 6712±01±P the allotment of Channel 259A at

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Manson, Iowa, as the community’s first FEDERAL COMMUNICATIONS See 47 CFR 1.1204(b) for rules local aural transmission service. COMMISSION governing permissible ex parte contacts. Channel 259A can be allotted to Manson For information regarding proper in compliance with the Commission’s 47 CFR Part 73 filing procedures for comments, see 47 minimum distance separation [MM Docket No. 99±92; RM±9530] CFR 1.415 and 1.420. requirements at city reference List of Subjects in 47 CFR Part 73 coordinates. The coordinates for Radio Broadcasting Services; Rudd, IA Channel 259A at Manson are 42–31–48 Radio broadcasting. North Latitude and 94–32–00 West AGENCY: Federal Communications Federal Communications Commission. Commission. Longitude. John A. Karousos, ACTION: Proposed rule. DATES: Comments must be filed on or Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. before May 17, 1999, and reply SUMMARY: The Commission requests comments on or before June 1, 1999. comments on a petition filed by [FR Doc. 99–8046 Filed 3–31–99; 8:45 am] ADDRESSES: Federal Communications Mountain West Broadcasting proposing BILLING CODE 6712±01±P Commission, Washington, DC 20554. In the allotment of Channel 268A at Rudd, addition to filing comments with the Iowa, as the community’s first local FEDERAL COMMUNICATIONS FCC, interested parties should serve the aural transmission service. Channel COMMISSION petitioner, his counsel, or consultant, as 268A can be allotted to Rudd in follows: Victor A. Michael, Jr. President, compliance with the Commission’s 47 CFR Part 73 Mountain West Broadcasting, 6807 minimum distance separation Foxglove Drive, Cheyenne, Wyoming requirements at city reference [MM Docket No. 99±93; RM±9531] 82009 (Petitioner). coordinates. The coordinates for Channel 268A at Rudd are 43–07–34 Radio Broadcasting Services; FOR FURTHER INFORMATION CONTACT: Pleasantville, IA Sharon P. McDonald, Mass Media North Latitude and 92–54–20 West Bureau, (202) 418–2180. Longitude. AGENCY: Federal Communications DATES: Comments must be filed on or Commission. SUPPLEMENTARY INFORMATION: This is a before May 17, 1999, and reply synopsis of the Commission’s Notice of ACTION: Proposed rule. comments on or before June 1, 1999. Proposed Rule Making, MM Docket No. ADDRESSES: Federal Communications SUMMARY: The Commission requests 99–91, adopted March 17, 1999, and comments on a petition filed by released March 26, 1999. The full text Commission, Washington, DC 20554. In addition to filing comments with the Mountain West Broadcasting proposing of this Commission decision is available the allotment of Channel 242A at for inspection and copying during FCC, interested parties should serve the petitioner, his counsel, or consultant, as Pleasantville, Iowa, as the community’s normal business hours in the FCC first local aural transmission service. Reference Center (Room 239), 1919 M follows: Victor A. Michael, Jr., President, Mountain West Broadcasting, Channel 242A can be allotted to Street, NW., Washington, DC. The Pleasantville in compliance with the complete text of this decision may also 6807 Foxglove Drive, Cheyenne, Wyoming 82009 (Petitioner). Commission’s minimum distance be purchased from the Commission’s separation requirements with a site FOR FURTHER INFORMATION CONTACT: copy contractor, International restriction of 4.9 kilometers (3.0 miles) Sharon P. McDonald, Mass Media Transcription Service, Inc., (202) 857– east to avoid a short-spacing to the Bureau, (202) 418–2180. 3800, 1231 20th Street, NW., licensed site of Station KSOM(FM), Washington, DC 20036. SUPPLEMENTARY INFORMATION: This is a Channel 243C1, Audubon, Iowa. The Provisions of the Regulatory synopsis of the Commission’s Notice of coordinates for Channel 242A at Flexibility Act of 1980 do not apply to Proposed Rule Making, MM Docket No. Pleasantville are 41–23–59 North this proceeding. 99–92, adopted March 17, 1999, and Latitude and 93–14–36 West Longitude. released March 26, 1999. The full text Members of the public should note DATES: Comments must be filed on or of this Commission decision is available that from the time a Notice of Proposed before May 17, 1999, and reply for inspection and copying during Rule Making is issued until the matter comments on or before June 1, 1999. is no longer subject to Commission normal business hours in the FCC ADDRESSES: Federal Communications consideration or court review, all ex Reference Center (Room 239), 1919 M Street, NW., Washington, DC. The Commission, Washington, DC 20554. In parte contacts are prohibited in addition to filing comments with the Commission proceedings, such as this complete text of this decision may also be purchased from the Commission’s FCC, interested parties should serve the one, which involve channel allotments. petitioner, his counsel, or consultant, as See 47 CFR 1.1204(b) for rules copy contractor, International Transcription Service, Inc., (202) 857– follows: Victor A. Michael, Jr., governing permissible ex parte contacts. President, Mountain West Broadcasting, For information regarding proper 3800, 1231 20th Street, NW., Washington, DC 20036. 6807 Foxglove Drive, Cheyenne, filing procedures for comments, see 47 Wyoming 82009 (Petitioner). CFR 1.415 and 1.420. Provisions of the Regulatory Flexibility Act of 1980 do not apply to FOR FURTHER INFORMATION CONTACT: List of Subjects in 47 CFR Part 73 this proceeding. Sharon P. McDonald, Mass Media Bureau, (202) 418–2180. Radio broadcasting. Members of the public should note that from the time a Notice of Proposed SUPPLEMENTARY INFORMATION: This is a Federal Communications Commission. Rule Making is issued until the matter synopsis of the Commission’s Notice of John A. Karousos, is no longer subject to Commission Proposed Rule Making, MM Docket No. Chief, Allocations Branch, Policy and Rules consideration or court review, all ex 99–93, adopted March 17, 1999, and Division, Mass Media Bureau. parte contacts are prohibited in released March 26, 1999. The full text [FR Doc. 99–8045 Filed 3–31–99; 8:45 am] Commission proceedings, such as this of this Commission decision is available BILLING CODE 6712±01±P one, which involve channel allotments. for inspection and copying during

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Notices Federal Register Vol. 64, No. 62

Thursday, April 1, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE regulations at 7 CFR part 1400 provide contains documents other than rules or for an ‘‘actively engaged in farming’’ proposed rules that are applicable to the Farm Service Agency determination be made for individuals public. Notices of hearings and investigations, or entities, with respect to a particular committee meetings, agency decisions and Commodity Credit Corporation farming operation, in order to determine rulings, delegations of authority, filing of their eligibility for payments under petitions and applications and agency Notice of Request for Extension of a covered programs. The regulations at 7 statements of organization and functions are Currently Approved Information CFR part 1400 also require a examples of documents appearing in this Collection section. determination of ‘‘person’’ as defined in AGENCIES: Farm Service Agency and the the same regulations for the use in Commodity Credit Corporation, USDA. limiting payments to an amount AGENCY FOR INTERNATIONAL ACTION: Notice and request for specified in each of the covered DEVELOPMENT comments. programs. These programs impact a potential participant universe of Establishment of the U.S. Agency for SUMMARY: In accordance with the 2,000,000 respondents. Forms CCC– International Development as an Paperwork Reduction Act, this notice 502A, CCC–502B, CCC–502C, CCC– Executive Agency announces the Farm Service Agency’s 502D, CCC–502EZ, CCC–501A, and (FSA) intention to request an extension CCC–501B will continue to be used for AGENCY: U.S. Agency for International for a currently approved information making determinations under part 1400, Development. collection. This information is used to as will ASCS–561, ASCS–561A, and support payment eligibility ASCS–561B, which are used for these ACTION: Notice. determinations for the Conservation purposes in connection with the Reserve Program, the Price Support Conservation Reserve Program. The SUMMARY: The U.S. Agency for Program, and the Production Flexibility forms are not required to be completed International Development (‘‘USAID’’) Contract Program authorized by the on an annual basis. Once the gives notice of the establishment of Agricultural Marketing Transition Act. appropriate forms are submitted and the USAID as an Executive agency and the DATES: Comments on this notice must be corresponding determinations made, the abolition of the U.S. International received on or before June 1, 1999 to be producer is not required to provide this Development Cooperation Agency assured consideration. information again, unless there is a (‘‘IDCA’’). Under the provisions of the Additional Information and substantial change in the farming Foreign Affairs Reform and Comments: Contact James Baxa, operation or status of the producer Restructuring Act of 1998, as contained Agricultural Program Specialist, requesting program benefits that would in Public Law 105–277, IDCA was Production, Emergencies, and affect the payment eligibility and abolished and USAID was established as Compliance Division, Farm Service payment limitation determinations an Executive agency, effective April 1, Agency, United States Department of previously made. 1999. Agriculture, STOP 0517, 1400 Estimate of Burden: Public reporting Independence Avenue, SW, burden for this collection of information DATES: Effective April 1, 1999. Washington, DC 20250–0517, (202) 720– is estimated to be 52 minutes per FOR FURTHER INFORMATION CONTACT: Jan 4189, facsimile (202) 720–4941. response. Miller, Office of General Counsel, 202– SUPPLEMENTARY INFORMATION: Respondents: Producers who, as 712–4174; jmiller @usaid.gov. Title: Payment Eligibility and owner, landlord, tenant, or Payment Limitation Determinations for sharecropper, are involved in the SUPPLEMENTARY INFORMATION: Under the the receipt of program benefits under farming operations and who would seek provisions of the Foreign Affairs Reform the Conservation Reserve Program, Price benefits under the Conservation Reserve and Restructuring Act of 1998, as Support Program, and the Production Program, Price Support and the contained in Public Law 105–277, IDCA Flexibility Contract Program. Production Flexibility Contract was abolished and USAID was OMB Control Number: 0560–0096. Programs. established as an Executive agency, Expiration Date of Approval: April 30, Estimated Number of Respondents: effective April 1, 1999. 1999. 351,960. Elsewhere in this issue of the Federal Type of Request: Extension and Estimated Number of Responses per Register, USAID has amended chapter II revision of a currently approved Respondent: To determine initial of title 22 of the Code of Federal information collection. eligibility or when a substantial change Regulations to delete the reference to Abstract: The collection of this in operations or status occurs. . IDCA. The abolition of IDCA does not information is necessary to determine Estimated Total Burden Hours: affect the status and validity of USAID the eligibility of individuals and entities 305,032. regulations, directives, rulings, policies; for program payments for various Proposed topics for comment include, they continue in effect. programs administered by Farm Service but are not limited to: (1) Whether the Agency, on behalf of the Commodity collection of information is necessary Singleton B. McAllister, Credit Corporation, including the for the proper performance of the General Counsel. Conservation Reserve Program, Price functions of the agency, including [FR Doc. 99–7969 Filed 3–31–99; 8:45 am] Support Programs, and the Production whether the information will have BILLING CODE 6116±01±M Flexibility Contract Program. The practical utility; (2) the accuracy of the

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.089 pfrm03 PsN: 01APN1 15718 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices agency’s estimate of burden including DEPARTMENT OF AGRICULTURE of the eligibility and suitability of the the validity of the methodology and Glover and Mountain Fork Rivers for assumptions used; (3) ways to enhance Forest Service possible Congressional designation the quality, utility and clarity of the under the National Wild and Scenic Significant Amendment of the Land information to be collected; or (4) ways River System (NWSRS). and Resource Management Plan of the to minimize the burden of collection on Significant amendments to Forest Ouachita National Forest for Managing Plans follow the same procedures those who are to respond, including the Approximately 111,580 Acres of use of appropriate automated, required for the development and Acquired Lands in McCurtain County, approval of forest plans (36 CFR part electronic, mechanical, or other OK technological collection techniques or 219.10(f)), including completion of an other forms of informational technology. AGENCY: Forest Service, USDA. EIS. The Forest Service determined that Comments regarding this information ACTION: Notice of intent to prepare an the amendment discussed in this notice will be significant because (a) it will collection requirement should be environmental impact statement. establish goals, objectives, management directed to the Office of Information and SUMMARY: Pursuant to 16 U.S.C. areas, standards, and guidelines for a Regulatory Affairs, Office of 1604(f)(4), the Forest Service will block of approximately 111,580 acres of Management and Budget, Attention: prepare an environmental impact acquired lands newly added to the Desk Officer for Agriculture, statement (EIS) for the decision to National Forest System (the ‘‘Broken Washington, DC 20503, and to Diane amend the Land and Resource Bow unit’’) and (b) as a result of Sharp, Director, Production, Management Plan (Forest Plan) for the allocating these lands to management Emergencies, and Compliance Division, Ouachita National Forest. Comments areas, this amendment may change the Farm Service Agency, United States should focus specifically on the overall desired future condition of the Department of Agriculture, STOP 0517, preliminary proposal described below Ouachita National Forest. An EIS is also Room 4754-South Building, 1400 and on possible alternatives. needed because the analysis conducted Independence Avenue, SW, The current Forest Plan, which during the amendment process may Washington, DC 20250–0517. provides programmatic guidance for result in a recommendation to Congress All responses to this notice will be management of the Ouachita National concerning possible additions to the summarized and included in the request Forest, was implemented in 1986 and NWSRS. for OMB approval. All comments also subsequently has been amended 30 As part of the overall effort to ensure will become a matter of public record. times (including a significant that treaty rights are honored and amendment in 1990 that resulted in the responsibilities to American Indian Signed at Washington, D.C., on March 24, publication of a new Forest Plan.) As Tribes are met, the Forest Service will 1999. many as six primary decisions may be consult and exchange information Parks Shackelford, made in the amendment described in routinely with affected and interested Acting Administrator, Farm Service Agency, this notice: (a) Modification of forest- Tribes on a government-to-government and Acting Executive Vice President, wide goals, objectives, standards, and/or basis throughout this amendment Commodity Credit Corporation. guidelines (if needed); (b) allocation of process. The Forest Service will also [FR Doc. 99–7873 Filed 3–31–99; 8:45 am] lands and waters to management areas; work closely with local governments, BILLING CODE 3410±05±P (c) identification of lands suitable for State and Federal agencies, and elected timber production; (d) re-determination officials. of forest-wide allowable sale quantity The environmental analysis and (ASQ) (if needed); (e) identification of decision-making process will include lands suitable and potentially available the following opportunities for public for cattle grazing; and (f) determination participation and comment:

Estimated date Step Public involvement

Late March 1999 ...... Publish formal Notice of Intent (with preliminary pro- 30-day formal comment period; Newsletter; press re- posal). leases, Web site. Mid-May 1999 ...... Summarize issues in response to the proposal and Workshop Newsletter, Web page update. amendment. By mid-June 1999 ...... Develop alternatives ...... Mailing, Web page update; Workshop and informal meetings, if needed. July 1999 ...... Issue draft EIS ...... Invite public comment; 90-day formal review; Workshop and informal meetings; Newsletter, press releases, Web site update. December 1999 ...... Issue amendment and EIS ...... Newsletter, press releases, Web site update.

The Forest Service will meet with amending the Forest Plan. The Forest alternative will be developed based on interested groups, organizations, and Service will also consider comments issues that are raised in response to the individuals to discuss the proposed received at any time during the preliminary proposal presented in this amendment. The agency will also host amendment process. NOI. The Forest Service will then again at least one workshop in McCurtain Following the publication of this actively seek information, comments, County, Oklahoma, to present and Notice of Intent (NOI), a draft EIS will and assistance from Federal, State and clarify the preliminary proposal, be prepared and published. The draft local agencies and from individuals and describe ways the public can participate EIS will include a preferred alternative organizations that may be interested in in the process, and accept comments with specific language to amendment or affected by the preferred alternative from the public on the proposal for the Forest Plan. This preferred in the draft EIS. It is very important that

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.002 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15719 those interested in this proposal are now included in the Broken Bow Suitability and Allowable Sale Quantity; participate at that time. unit.) Wild and Scenic Rivers; Range (cattle DATES: Comments responding to this The Federal legislation that grazing) and Vegetation Patterns. Notice of Intent (NOI) should be authorized the land exchange (Omnibus The Forest Service has prepared a received in writing (electronic mail Parks and Public Lands Management brief discussion paper for each acceptable) by April 30, 1999. The draft Act of 1996) specified that the Forest amendment topic. These papers EIS should be available for public Service would manage these acquired (available at www.fs.fed.us/oonf/ review in July 1999. The comment lands and waters (here and in other mccurtain/papers2.htm) define topics in period for the draft EIS will commence counties) under the forestwide the context of related Forest Plan on the day the Environmental Protection standards and guidelines in the existing decisions to be made, the existing Agency publishes the Notice of Forest Plan until the acquired lands situation on the Broken bow unit, and Availability in the Federal Register. were incorporated in the Plan through a current Forest Plan direction. The After a comment period of 90 days, the formal amendment process. The proposal described later in this Notice is Final EIS and Forest Plan Amendment legislation further stipulated that the an attempt to integrate the concerns and should be completed by December 1999. Forest Service would initiate the opportunities presented by each of the process to incorporate these lands and broad topics summarized below. ADDRESSES: Send written comments waters in the Forest Plan within 12 Recreation: Public interest in concerning this Notice to: Plan months after the exchange was enhancing recreation and tourism Amendment, Ouachita National Forest, completed. (An interdisciplinary team opportunities in southeastern Oklahoma P.O. Box 1270, Hot Springs, AR 71902, was formed and work began within the was a strong factor in local and State for send electronic mail to: the prominent features of the Broken All comments received about the purpose of this amendment, then, is to establish the goals, objectives, Bow unit are 10 miles of the Mountain Forest Plan amendment, including the management areas, standards, and Fork River, more than 14 miles of the names and addresses of those who guidelines under which the acquired Glover River, proximity to the 14,000- comment, will be considered part of the lands in question will be managed. acre Broken Bow lake, steep forested public record concerning this proposed ridges, large areas of pine plantations, action and will be available for public Topics To Be Addressed (What Topics and an extensive road network. Rugged inspection. Comments submitted Will Be Addressed in the Forest Plan topography, natural stands of oak and anonymously will be accepted and Amendment and How Were They pine, and lack of road access on the considered; however, those who submit Determined?) northwest, north, and east sides of the anonymous comments will not have Forest Plans provide programmatic lake contrast with less severe standing to appeal the subsequent frameworks for decision-making on each topography, extensive pine plantations, decision under 36 CFR part 217. National Forest. Each Plan sets forth and many miles of low standard roads FOR FURTHER INFORMATION CONTACT: John goals, objectives, advisable courses of on the west. These lands and waters Cleeves, Forest Planner, Ouachita action, and limitations to actions. These offer a great variety of recreational National Forest, (501) 321–5251; or Bill advisable courses and limitations to opportunities. Pell, Acting Team Leader for Planning actions are called standards and Places of high visual sensitivity and Recreation, (501) 321–5320; TDD guidelines. Some standards and include those within the view of heavily (501) 321–5307. guidelines apply forestwide. Others traveled roads and trails, recreation SUPPLEMENTARY INFORMATION: apply only to specific subdivisions of areas, and other scenic vistas in the the National Forest called Management area. The U.S. Army Corps of Engineers Purpose and Need To Amend the Forest Areas. The National Forest Management manages Broken Bow Lake and much of Plan (Why Is the Forest Service Act and associated agency regulations its shoreline. The Oklahoma Tourism Proposing To Amend the Ouachita (36 CFR part 219.10(f)) provide and Recreation Department and the National Forest Plan? direction for amendment Forest Plans. Oklahoma Department of Wildlife In November 1996, approximately To set the stage for this amendment, Conservation manage other parts of the 111,300 acres were added to the the Forest Service developed a shoreline (some under lease Ouachita National Forest in the north- preliminary list of topics likely to be arrangement with the Corps) and central portion of McCurtain County, relevant to the decision-making process. portions of the uplands around the lake, Oklahoma, as a result of a major land This list was based on a review of legal including McCurtain County Wilderness exchange. Approximately 28,093 acres requirements; current conditions in the Area, which is nearly surrounded by of land in the southeastern corner of the Broken Bow unit, including social, National Forest land. county were subtracted from the cultural, economic, and environmental The general area already receives National Forest System at the same factors; and public interest. The considerable recreation use from local time. As part of this land exchange, the interdisciplinary team also considered residents and many people who travel Forest Service also acquired lands in Le the results of monitoring and evaluation from Texas, elsewhere in Oklahoma, Flore County, Oklahoma and several activities, Forest Plan and project level and other states. Dallas/Ft. Worth, Arkansas counties and disposed of appeal issues and decisions, lawsuit Tulsa, and Oklahoma City are within a additional National Forest System lands issues and decisions, new scientific half-day’s drive of these lands. People in Arkansas. Lands added to the information, changing public demands, are attracted to the area for its natural Ouachita National Forest in these and Forest Service direction concerning settings on both public and timber counties were addressed in Amendment ecosystem management and the Natural industry lands and for the various 30 to the Forest Plan. The amendment Resource Agenda. This amendment will recreation facilities currently available. described in this NOI deals only with address the following broad topics, Beaver’s Bend-Hochatown State Park, lands acquired in McCurtain County. (In among others: Recreation; Off-Road located on the west shore of the lake, is addition to lands acquired through the Vehicles; Threatened, Endangered, and one of the most popular parks in exchange, the Ouachita National Forest Sensitive Species; Transportation Oklahoma; a Corps recreation area purchased approximately 280 acres that System; Roadless Areas; Timber (managed by the State of Oklahoma) on

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Reserved or outstanding a nature/education center, 47 cabins, red-cockaded woodpeckers during a mineral rights do not necessarily picnic and swimming areas, a marina, 1995 ecological assessment of what are disqualify an area from being numerous boat launching ramps, a now national forest lands: Locust ‘‘roadless,’’ especially if mineral rights system of hiking trails, and a golf Mountain, Hee Mountain, Little White are obtainable and/or there is no surface course. Oak Mountain, and Five Mile Hollow. occupancy or development. Currently Broken Bow Lake is a major attraction The endangered peregrine falcon no development exists in either area. for fishing and boating enthusiasts. The (Falco peregrinus anatum) has been The State-owned McCurtain County lower part of the Mountain Fork is a observed near Brokem Bow Lake as a Wilderness Area lies in the northern stocked trout fishery, and the Glover transient during migration. There is a part of the block of National Forest River is considered the finest high probability that this species roosts lands under consideration here. smallmouth bass fishery in Oklahoma. on National Forest land near the lake. Vegetation Patterns: Based on Both the Glover and Mountain Fork The threatened bald eagle (Haliaeetus analysis of satellite imagery from May Rivers receive considerable use by leucocephalus) uses habitat along the 1998, the team estimated that there are anglers and floaters. Mountain Fork River in the vicinity of about 61,600 acres where pines Off-road Vehicles: ORV use is a Broken Bow Lake in the winter, roosting predominate the forest canopy and at popular activity on the acquired lands, on the National Forest. Based on recent lest 46,000 where hardwoods which have a high density of low summer observations, biologists suspect predominate. Roads and other standard roads that provide access to that bald eagles may also nest in the nonforested conditions occupy about thousands of acres of pine plantations. vicinity. 4,000 acres. More than half of the pine- These roads have traditionally been Another federally listed species that dominated acreage consists of loblolly open to ORV riding (when they were in may occur in the Broken Bow unit is the pine plantations less than 30 years old; private ownership). However, current endangered American burying beetle the remainder consists of more natural Oklahoma State law prohibits ORV (Nicrophorus americanus). Due to the forest cover in which shortleaf pines riding on public roads, including similarity of habitat types present on predominate. The pine plantations National Forest roads. Because of the these lands to occupied habitats average 110 acres in size, but several rugged terrain north and east of the lake elsewhere on the National Forest, there exceed 200 acres. As more detailed, and low road density, ORV use there is is potential for this species to occur in ground-based forest inventories are probably restricted to the road system the Broken Bow unit. Several other completed, these estimates will be and lake access points. Little is known sensitive species occur within the unit. refined. The team recognizes that many about the extent or nature of any See the topic paper concerning members of the public are concerned resource damage due to ORV use in the Terrestrial Threatened, Endangered, and about conserving hardwood trees and area. Some members of the public Sensitive Species for further conserving or restoring older forests and support allowing continued ORV use in information. woodlands of all kinds. the area; others would like to see some Transportation System: The acquired Timber Suitability and Allowable Sale restrictions, such as limiting cross- lands include an extensive road network Quantity (ASQ): Timber management on country travel to that necessary to that was developed by Weyerhaeuser the Ouachita National Forest is designed transport game. Company for intensive timber to perpetuate native forests, sustain Threatened, Endangered, Sensitive management. The roads and associated habitat for viable populations of native Species: Another selling point for the drainage structures vary considerably in plants and animals (including sensitive land exchange was that it would offer width, design standards, and general species), protect water quality and enhanced opportunities for conservation condition. An inventory of the existing aesthetic values, yield valuable timber of threatened, endangered, and sensitive roads on the Broken Bow unit identified products, and support local economic species on public lands, particularly in about 566 miles on National Forest land activity. National Forest lands McCurtain County, Oklahoma. For (a road density of 3.26 miles per square ‘‘suitable’’ for timber production (as one starters, the sections of the Mountain mile). element of their management) are those Fork and Glover Rivers and their Roadless Areas: The Forest Service that are physically and legally capable tributaries within the Broken Bow unit maintains inventories of land areas that of supporting timber harvests and contain some of the richest aquatic have few or no permanent roads. During timber regeneration activities on a faunas in Oklahoma, including Forest Plan revision, the agency regulated and sustained basis. The ASQ populations of the threatened leopard conducts a public review of options for is the volume of timber that may be sold darter (Percina pantherina), several all ‘‘roadless areas,’’ and one or more of annually from the ‘‘suitable’’ lands species the Forest Service lists as these areas could eventually be covered by the Forest Plan. Prior to the ‘‘sensitive’’ or as candidates for listing recommended to Congress for exchange, the suitable land base was as sensitive, and important sport fishes. wilderness designation. It is important approximately 994,000 acres, and the The U.S. Fish and Wildlife Service has to note that no wilderness ASQ was 29.2 million cubic feet (144 designated portions of the two rivers as determination will be made during the million board feet). Critical Habitat for the leopard darter. Forest Plan amendment process. The Broken Bow unit includes a mix The red-cockaded woodpecker Areas of National Forest land that of cutover lands, loblolly pine (Picoides borealis) occurs in the appear to fit current Forest Service plantations, and mixed pine-hardwood McCurtain County Wilderness Area, criteria for roadless character are the stands of varying densities and age which is owned by the state of 7,356-acre Ashford Peak area on the east classes, while the portions of the Tiak Oklahoma and managed by the side of Broken Bow Lake and the 7,285- tract traded to Weyerhaeuser consisted Oklahoma Department of Wildlife acre Bee Mountain area on the west side mainly of well-stocked sawtimber Conservation. This endangered species of the lake. Weyerhaeuser reserved oil stands on highly productive coastal

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This area Guidelines for Eligibility, Classification, (Restoration will be the subject of includes lands of moderate to low and Management of River Areas another Forest Plan amendment.) productivity (e.g., site indices are at (Federal Register 9/7/82) of the U.S. 5. Relationships with neighboring least 50 for shortleaf pine and 60 for Department of the Interior and the U.S. landowners (including road hardwoods) that have not been Department of Agriculture. To be easements and property lines). assigned to more restrictive eligible for inclusion in the National 6. Community development. (The Forest Management Areas. Much of the Wild and Scenic Rivers System, a river Service supports community timber produced on the Ouachita must be free flowing and have one or development activities and recognizes National Forest comes from more outstanding remarkable scenic, that Forest Plan decisions may Management Area 14, but these recreational, geological, fish and influence development opportunities lands also help meet vital wildlife wildlife, archeological/historical, or and quality of life in local habitat, watershed protection, and other features. The planning team has communities. The draft EIS will recreation needs. conducted eligibility studies for examine possible economic and social (b) Management Area 20—Wild and portions of the Glover and Mountain impacts to local communities and at Scenic River Corridors: Fork Rivers. a broader regional level.) approximately 6,735 acres (all Range (cattle grazing): Cattle grazing Preliminary Proposal unsuitable for timber production). Management Area 20 consists of is a traditional use of the acquired lands The Forest Service has prepared a that developed over many years when corridors of rivers eligible or preliminary proposal to address the six potentially eligible for inclusion in the lands were in private ownership. primary decisions and now seeks This activity and land use is a source of the National Wild and Scenic comments on this proposal. Comments Rivers System. Within the Broken income for some local cattle owners. received will be used to develop Cattle grazing has long been recognized Bow unit, segments of the Mountain alternatives to the preliminary proposal. Fork and Glover Rivers would be as one of the important multiple uses of (1) Modification of forest-wide goals, National Forest land when managed in included in this Management Area. objectives, standards, and/or (c) Management Area 22-Shortleaf a way that ensures protection of guidelines (if needed): The Forest Pine-Bluestem Renewal and Red- ecological values. Service does not believe that such Cockaded Woodpecker Habitat Curently 19 individuals have modifications are warranted at this Management Area: approximately temporary permits to use portions of the time. In other words, the 51,110 acres (including lands acquired lands to graze about 1,000 preliminary proposal is to manage suitable and unsuitable for timber head of cattle. (These permittees had the acquired lands in the Broken production). Management Area 22 grazing permits with Weyerhaeuser for Bow unit under the current forest- includes National Forest lands that these lands prior to the exchange.) Many wide goals and objectives of the historically provided or currently of these are ‘‘on/off’’ permits, with the Forest Plan. provide nesting and/or foraging cattle grazing freely between private (2) Allocation of lands and waters to habitat for the red-cockaded lands and National Forest lands. The management areas: Allocate the woodpecker and that are dedicated majority of National Forest lands are approximately 111,580 acres of the to renewal of the shortleaf pine- included in the permit areas, but most Broken Bow unit as described bluestem grass ecosystem. Forest of the grazing occurs on roadsides and below. (Unless noted otherwise, management activities include in young plantations that have not Management Area numbers refer to periodic thinning, prescribed fire, reached crown closure. There are few those in the current Forest Plan.). and regeneration by the two-aged fences on the property lines. All acreage estimates are subject to shelterwood method. No actions While some of the following change on the basis of future site- would be taken that would additional topics will be discussed in specific analysis and planning. diminish the roadless the draft EIS, no specific decisions Items (a) through (d) describe the characteristics of inventoried concerning them will be made in this Management Area allocations that roadless areas within this amendment: can be readily displayed at the scale Management Area. 1. Location of grazing allotments, of a Forest map. Items (e) through (d) Management Area 23 (new to the identification of individual grazing (j) describe those Management Forest Plan)—Broken Bow Lake permittees, or specific conditions for Areas that cannot be displayed on (area): approximately 23,850 acres grazing (such as number of animals a Forest map scale. A map (including lands suitable and allowed, permitted use periods, range displaying the four allocations unsuitable for timber production). improvements). (Management Areas 20, 22, and 23 Management Area 23 would 2. Project-level decisions such as and ‘‘General Forest’’) is available include lands that can be seen from construction of recreation facilities for public review at 100 Reserve the main part of the lake and most (e.g., trails or campgrounds) and Street, Federal Building, Second other National Forest lands east of identification of individual timber Floor, Hot Springs, Arkansas and on Highway 259 and south of the sales or road closures. the Internet at: www.fs.fed.us/oonf/ proposed boundary of Management 3. Level of funding the county will mccurtain/. Area 22. The emphasis would be on receive in any given year from ‘‘25 (a) General Forest (typically a conserving and enhancing the area’s percent returns.’’ (The Forest Service combination of Management Areas unique combination of recreational,

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aesthetic, wildlife habitat, and the Broken Bow unit may be qualifies for classification as water quality values and benefits. suitable for timber production. Of ‘‘scenic’’ because it is free of The following Management Areas these lands, at least 32,000 acres impoundments, has shorelines or cannot be displayed at the fairly coarse consist of loblolly pine plantations. watersheds still largely primitive scale of a Forest map. Some of the ones The disposal of 28,093 acres of and shorelines largely undeveloped, likely to be applied to the Broken Bow coastal plain lands (former portions and has several access points and Unit by the Forest Plan amendment of the Tiak Ranger District) and the road crossings. The Forest Service include: addition of approximately 111,580 will complete a report to determine (e) Management Area 9—Water and acres in the mountainous part of if this segment of the Glover River Riparian Areas (ponds, lakes, McCurtain County has resulted in is suitable for inclusion in the streamside zones, and riparian an estimated net increase of about NWSR System. Segment II—12.5 25,750 acres of National Forest land areas; streamside zones have stream miles, beginning at the suitable for timber production. minimum widths of 100 feet to both southern limit of the Forest Further analysis of timber sides of perennial streams and 30 proclamation boundary south to the suitability will be included in the feet both sides of all other streams), confluence with Little River. draft EIS. Because this segment of the Glover all considered unsuitable for timber (4) Re-determination of forest-wide production: approximately 12,600 River is in private ownership and allowable sale quantity (ASQ) (if outside the National Forest acres plus approximately 11,550 needed): The land base suitable for acres of equivalent streamside proclamation boundary, the Forest timber production for the Ouachita Service will not conduct an management zones in Management National Forest has increased as a Area 22 for a total of approximately eligibility and suitability study. result of the land exchange, but the Such a study would be more 24,150 acres in streamside average timber productivity of the management zones. appropriately conducted by a State acquired lands in Oklahoma is less agency. (f) Management Area 10—Nonforest than that of the former National Mountain Fork River: Segment I—15.9 (consists of roads, rights-of-ways, Forest lands that are now in private stream miles, including that part of and special uses located within ownership. The interdisciplinary the river from the Oklahoma- other Management Areas): team will conduct analyses to Arkansas State line, T1S, R27E, Sec. estimated acres will be supplied in determine the net change, if any, in the draft EIS. ASQ. 3, downstream to the Forest (g) Management Area 11—Not (5) Identification of lands suitable and proclamation boundary at the Appropriate for Timber Production potentially available for cattle Oklahoma Highway 4 bridge, T1S, (lands of low productivity, i.e., 20 grazing: Most of the acquired lands R25E, Sec. 24. This segment of the to 49 cubic feet of tree growth per appear to be suitable for controlled Mountain Fork is entirely in private acre per year; site index for grazing. The capability of these ownership and outside the National hardwood generally less than 60 lands for producing forage for Forest proclamation boundary. The and for pine, less than 50): grazing animals will be analyzed Forest Service will not conduct an estimated acres will be supplied in and reported in the draft EIS. eligibility or suitability study of this the draft EIS. (6) Determination of the eligibility and stretch of river. Such a study would (h) Management Area 12— suitability of the Glover and be more appropriately conducted by Nonproductive (areas of rock Mountain Fork Rivers for possible a State agency. Segment II—9.1 outcrops or shallow soils on which congressional designation as Wild miles, including that part of the tree growth is less than 20 cubic and Scenic Rivers: The river from the Forest proclamation feet per year): estimated acres will interdisciplinary team has made a boundary at the Oklahoma Highway be supplied in the draft EIS. preliminary determination that the 4 bridge downstream to the upper (i) Management Area 13—Unsuitable portion of the Glover River within end of Broken Bow Lake (600-foot Lands Based on Other Resource National Forest boundaries should elevation level). This segment is Coordination (lands unsuitable for be recommended for inclusion in eligible for designation under the timber production that are not the National Wild and Scenic Wild and Scenic Rivers Act because included in other Management Rivers System; the team will not it is free flowing and has Areas): estimated acres will be recommend the portions of the outstandingly remarkable scenic, supplied in the draft EIS. Mountain Fork River within recreational, fish and wildlife, (j) Management Area 18—Visually National Forest boundaries for such geological, and archaeological/ Sensitive Foreground Areas, Roads inclusion at this time. historical values. It qualifies as and Trails (foreground area along Glover River: Segment I—19.5 stream ‘‘scenic’’ because it is free of sensitivity level 1 and 2 roads, e.g., miles, beginning at the confluence impoundments, has shorelines or major highways and major forest of East and West Forks, T3S, R23E, watersheds still largely primitive roads, and trails): estimated acres Sec. 7, and extending south to the and shorelines largely undeveloped, will be supplied in the draft EIS. Forest proclamation boundary, T5S, and has several access points and (3) Identification of lands suitable for R23E, Sec. 9 (about 0.8 mile road crossings. Because of limited timber production: Based upon an downstream from the bridge on National Forest ownership in this analysis of satellite imagery, slope road 50000). This segment (and segment (2.3 miles), it would be and soils data, the preliminary possibly lower portions of Cedar more appropriate for a State agency assignment of lands and waters to and Carter Creeks) is eligible to complete any further studies. four major Management Areas because the stream is free flowing Segment III—11.1 stream miles, (described above), and estimates of and has outstandingly remarkable beginning at the Broken Bow dam streamside management zones, the scenic, recreational, fish and and extending downstream to the interdisciplinary team estimates wildlife, geological and National Forest proclamation that approximately 54,000 acres of archaeological/historic values. It boundary at U.S. Highway 70, T6S,

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R26E, Sec. 7. Although containing available to the Forest Service at a time In the October 1, 1998, Federal outstandingly remarkable scenic when it can meaningfully consider them Register (63 FR 52678), GIPSA asked and recreational values, this and respond to them in the final persons interested in providing official segment of river is not considered environmental impact statement. services in the geographic area assigned free flowing and, therefore, is not To assist the Forest Service in to Central Illinois to submit an eligible for inclusion in the identifying and considering issues and application for designation. NWSRS. concerns on the proposed action, Applications were due by October 30, comments on the draft environmental 1998. There were two applicants: Possible Alternatives impact statement should be as specific Central Illinois and Turner Grain The alternatives briefly summarized as possible. It is also helpful if Services, Inc. (Turner). Central Illinois below have been discussed by the comments refer to specific pages or interdisciplinary team; others will be chapters of the draft statement. applied for designation to provide developed in response to public issues. Comments may also address the official services in the entire area (1) Increase extent of Management Area adequacy of the draft environmental currently assigned to them. Turner, 22. Increase Management Area 22 impact statement or the merits of the currently operating an unofficial grain (renewal of the shortleaf pine- alternatives formulated and discussed in inspection business not designated by bluestem ecosystem) to encompass the statement. Reviewers may wish to GIPSA under the authority of the Act, more acreage, including most of the refer to the Council on Environmental applied for designation to provide land tentatively proposed for Quality Regulations for implementing official services in a portion of the allocation to Management Areas 14 the procedural provisions of the Central Illinois area. Turner applied for and 23. National Environmental Policy Act at 40 the area bounded on the North by (2) Establish a single Management Area CFR part 1503.3 in addressing these Interstate 74; bounded on the East by 23 (Broken Bow Lake Management points. Interstate 155; bounded on the South by Area) east of Highway 259, divided Responsible Official: The Responsible Illinois Route 136; and bounded on the into 23a (Habitat Management Area Official is Elizabeth Estill, Regional West by the western Tazewell County for Red-cockaded Woodpecker) and Forester, Southern Region of the USDA line, and the western Peoria County line 23b [lower Lake area] instead of 22 Forest Service, located at 1720 north to Interstate 74. and 23). This alternative would be Peachtree Road, NW, Atlanta, GA developed to show a more integrated 30367. The October 1, 1998, Federal Register also asked for comments on the services picture of management direction Dated: March 24, 1999. provided by Central Illinois. GIPSA did within the Broken Bow Lake/ George Wayne Kelley, Mountain Fork River area. Standards not receive any comments. Deputy Regional Forester. and guidelines would change little. In the December 1, 1998, Federal (3) Increase the extent of Management [FR Doc. 99–8010 Filed 3–31–99; 8:45 am] BILLING CODE 3410±11±M Register (63 FR 66118), GIPSA asked for Area 14. Allocate more land to the comments on the applicants for the Management Area that yields most of Central Illinois area. GIPSA received the wood products from the Ouachita DEPARTMENT OF AGRICULTURE two comments by the deadline: both National Forest. were from grain companies that said Further Information Concerning Public Grain Inspection, Packers and they were familiar with the services Comments on the Draft EIS Stockyards Administration provided by Central Illinois and Turner, The Forest Service believes, at this Designation for the Central Illinois (IL) and both supported designation of both early stage, that it is important to give Area organizations. reviewers notice of several court rulings GIPSA evaluated all available AGENCY: related to public participation in the Grain Inspection, Packers and information regarding the designation Stockyards Administration (GIPSA). environmental review process. First, criteria in Section 7(f)(1)(A) of the Act reviewers of draft environmental impact ACTION: Notice. and, according to Section 7(f)(1)(B), statements must structure their SUMMARY: GIPSA announces designation determined that Central Illinois is better participation in the environmental able to provide official services in the review of the proposal so that it is of Central Illinois Grain Inspection, Inc. geographic area for which they applied. meaningful and alerts an agency to the (Central Illinois) to provide official reviewer’s position and contentions. services under the United States Grain Effective June 1, 1999, and ending Vermont Yankee Nuclear Power Corp. v. Standards Act, as amended (Act). May 31, 2002, Central Illinois is NRDC, 435 U.S. 519, 553 (1978). Also, EFFECTIVE DATE: June 1, 1999. designated to provide official services in environmental objections that could be ADDRESSES: USDA, GIPSA, Janet M. the Central Illinois geographic area raised at the draft environmental impact Hart, Chief, Review Branch, Compliance specified in the October 1, 1998, statement stage but that are not raised Division, STOP 3604, Room 1647–S, Federal Register. until after completion of the final 1400 Independence Avenue, SW, Washington, DC 20250–3604. Interested persons may obtain official environmental impact statement may be services by contacting Central Illinois at FOR FURTHER INFORMATION CONTACT: waived or dismissed by the courts. City 309–827–7121. of Angoon v. Hodel, 803 F.2d 1016, Janet M. Hart, at 202–720–8525. 1022 (9th Cir. 1986) and Wisconsin SUPPLEMENTARY INFORMATION: This Authority: Pub. L. 94–582, 90 Stat. 2867, Heritages, Inc. v. Harris, 490 F. Supp. action has been reviewed and as amended (7 U.S.C. 71 et seq.). 1334, 1338 (E.D. Wis. 1980). Because of determined not to be a rule or regulation Dated: March 17, 1999. these court rulings, it is very important as defined in Executive Order 12866 Neil E. Porter, that those interested in this proposed and Departmental Regulation 1512–1; Director, Compliance Division. action participate by the close of the therefore, the Executive Order and [FR Doc. 99–7995 Filed 3–31–99; 8:45 am] comment period so that substantive Departmental Regulation do not apply comments and objections are made to this action. BILLING CODE 3410±EN±P

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DEPARTMENT OF AGRICULTURE Aberdeen Grain Inspection, Inc. located at 1400 Independence Avenue, (Aberdeen); SW, during regular business hours. Grain Inspection, Packers and Missouri Department of Agriculture FOR FURTHER INFORMATION CONTACT: Stockyards Administration (Missouri); Decatur Grain Inspection, Inc. (Decatur); Janet M. Hart, at 202–720–8525. Opportunity for Designation in the Grand Forks Grain Inspection SUPPLEMENTARY INFORMATION: This Hastings (NE), Aberdeen (SD), Department, Inc. (Grand Forks); Action has been reviewed and Missouri, Decatur (IL), Grand Forks John R. McCrea Agency, Inc. (McCrea); determined not to be a rule or regulation (ND), McCrea (IA), and South Carolina and as defined in Executive Order 12866 Areas and Request for Comments on South Carolina Department of and Departmental Regulation 1512–1; the Hastings, Aberdeen, Missouri, Agriculture (South Carolina). therefore, the Executive Order and Decatur, Grand Forks, McCrea, and DATES: Applications must be Departmental Regulation do not apply South Carolina Agencies postmarked or sent by telecopier (FAX) to this Action. on or before April 30, 1999. Comments Section 7(f)(1) of the United States AGENCY: Grain Inspection, Packers and must be postmarked or sent by Stockyards Administration (GIPSA). Grain Standards Act, as amended (Act), telecopier (FAX) on or before May 31, authorizes GIPSA’s Administrator to ACTION: Notice. 1999. designate a qualified applicant to ADDRESSES: Applications and comments provide official services in a specified SUMMARY: The designations of the must be submitted to USDA, GIPSA, area after determining that the applicant official agencies listed below will end in Janet M. Hart, Chief, Review Branch, October, November, and December is better able than any other applicant Compliance Division, STOP 3604, Room to provide such official services. 1999. GIPSA is asking persons 1647–S, 1400 Independence Avenue, Section 7(g)(1) of the Act provides interested in providing official services SW, Washington, DC 20250–3604. that designations of official agencies in the areas served by these agencies to Applications and comments may be shall end not later than triennially and submit an application for designation. submitted by FAX on 202–690–2755. If may be renewed according to the GIPSA is also asking for comments on an application is submitted by FAX, criteria and procedures prescribed in the services provided by these currently GIPSA reserves the right to request an section 7(f) of the Act. designated agencies: original application. All applications Hastings Grain Inspection, Inc. and comments will be made available 1. Current Designations Being (Hastings); for public inspection at this address Announced for Renewal

Designation Designation Official agency Main office start end

Hastings ...... Hastings, NE ...... 11/1/1996 10/31/1999 Aberdeen ...... Aberdeen, SD ...... 12/1/1996 11/30/1999 Missouri ...... Jefferson City, MO ...... 12/1/1996 11/30/1999 Decatur ...... Decatur, IL ...... 01/1/1997 12/31/1999 Grand Forks ...... Grand Forks, ND ...... 01/1/1997 12/31/1999 McCrea ...... Clinton, IA ...... 01/1/1997 12/31/1999 South Carolina ...... North Charleston, SC ...... 01/1/1997 12/31/1999 a. Hastings Road south to southern Nebraska State County (located inside Fremont Grain line; Inspection Department, Inc.’s, area). Pursuant to section 7(f)(2) of the Act, Bounded on the South by the b. Aberdeen the following geographic area, in the southern Nebraska State line, from the State of Nebraska, is assigned to County Road 1 mile west of U.S. Route Pursuant to section 7(f)(2) of the Act, Hastings. 81, west to the western Dundy County the following geographic area, in the Bounded on the North by the northern line; and States of North Dakota and South Nebraska State line from the western Bounded on the West by the western Dakota, is assigned to Aberdeen. Sioux County line east to the eastern Dundy, Chase, Perkins, and Keith Bounded on the North by U.S. Route Knox County line; County lines; the southern and western 12 east to State Route 22; State Route 22 Bounded on the East by the eastern Garden County lines; the southern north to the Burlington-Northern (BN) and southern Knox County lines; the Morrill County line west to U.S. Route line; the Burlington-Northern (BN) line eastern Antelope County line; the 385; U.S. Route 385 north to the east to State Route 21; State Route 21 northern Madison County line east to southern Box Butte County line; the east to State Route 49; State Route 49 U.S. Route 81; U.S. Route 81 south to southern and western Sioux County south to the North Dakota-South Dakota the southern Madison County line; the lines north to the northern Nebraska State line; the North Dakota-South southern Madison County line; the State line. Dakota State line east to U.S. Route 83; eastern Boone, Nance, and Merrick The following grain elevators, located U.S. Route 83 north to State Route 13; County lines; the Platte River southwest; outside of the above contiguous State Route 13 east and north to the eastern Hamilton County line; the geographic area, are part of this McIntosh County; the northern northern and eastern Fillmore County geographic area assignment: Farmers McIntosh County line east to Dickey lines; the southern Fillmore County line Coop and Big Springs Elevator, both in County; the northern Dickey County west to U.S. Route 81; U.S. Route 81 Big Springs, Deuel County (located line east to U.S. Route 281; U.S. Route south to State Highway 8; State inside Kansas Grain Inpsection Service, 281 south to the North Dakota-South Highway 8 west to the County Road 1 Inc.’s, area); and Huskers Cooperative Dakota State line; the North Dakota- mile west of U.S. Route 81; the County Grain Company, Columbus, Platte South Dakota State line east;

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Bounded on the East by the eastern Bounded on the East by the North 3. Request for Comments South Dakota State line (the Big Sioux Dakota State line south to State Route GIPSA also is publishing this notice River) to A54B; 200; to provide interested persons the Bounded on the South by A54B west Bounded on the South by State Route opportunity to present comments on the to State Route 11; State Route 11 north 200 west-northwest to the western Traill Hastings, Aberdeen, Missouri, Decatur, to State Route 44 (U.S. 18); State Route County line; the western Traill County Grand Forks, McCrea, and South 44 west to the Missouri River; the line; the southern Grand Forks and Carolina official agencies. Commenters Missouri River south-southeast to the Nelson County lines; the southern Eddy are encouraged to submit pertinent data South Dakota State line; the southern County line west to U.S. Route 281; U.S. concerning the Hastings, Aberdeen, South Dakota State line west; and Route 281 north to State Route 15; State Missouri, Decatur, Grand Forks, Bounded on the West by the western Route 15 west to U.S. Route 52; U.S. McCrea, and South Carolina official South Dakota State line north; the Route 52 northeast to State Route 3; and agencies including information western North Dakota State line north to Bounded on the West by State Route concerning the timeliness, cost, quality, U.S. Route 12. 3 north to State Route 60; State Route and scope of services provided. All c. Missouri 60 west-northwest to State Route 5; comments must be submitted to the State Route 5 west to State Route 14; Pursuant to section 7(f)(2) of the Act, Compliance Division at the above State Route 14 north to the North Dakota the following geographic area, the entire address. State line. Applications, comments, and other State of Missouri, is assigned to available information will be considered Missouri. Grand Fork’s assigned geographic area does not include the following grain in determining which applicant will be d. Decatur elevators inside Grand Fork’s area designated. Pursuant to Section 7(f)(2) of the Act, which have been and will continue to Authority: Pub. L. 94–582, 90 Stat. 2867, the following geographic area, in the be serviced by the following official as amended (7 U.S.C. 71 et seq.). State of Illinois, is assigned to Decatur. agencies: Dated: March 11, 1999. Bounded on the North by the northern 1. Grain Inspection, Inc.: Farmers Neil E. Porter, and eastern DeWitt County lines; the Coop Elevator, Fessenden; Farmers Director, Compliance Division. eastern Macon County line south to Union Elevator, and Manfred Grain, [FR Doc. 99–7996 Filed 3–31–99; 8:45 am] both in Manfred; all in Wells County; Interstate 72; Interstate 72 northeast to BILLING CODE 3410±EN±P the eastern Piatt County line; and Bounded on the East by the eastern 2. Minot Grain Inspection, Inc.: Piatt, Moultrie, and Shelby County Harvey Farmers Elevator, Harvey, Wells COMMISSION ON CIVIL RIGHTS lines; County. Bounded on the South by the f. McCrea Agenda and Notice of Public Meeting southern Shelby County line; a straight of the New York State Advisory line running along the southern Pursuant to section 7(f)(2) of the Act, Committee Montgomery County line west to State the following geographic area, in the Route 16 to a point approximately 1 States of Illinois and Iowa, is assigned Notice is hereby given, pursuant to mile northeast of Irving; and to McCrea. the provisions of the rules and Bounded on the West by a straight Carroll and Whiteside Counties, regulations of the U.S. Commission on line from this point northeast to Illinois. Civil Rights, that a meeting of the New Stonington on State Route 48; a straight Clinton and Jackson Counties, Iowa. York State Advisory Committee to the line from Stonington northwest to Commission will convene at 1:30 p.m. Elkhart on Interstate 55; a straight line 2. Opportunity for Designation and adjourn at 5:30 p.m. on April 23, from Elkhart northeast to the west side Interested persons, including 1999, at the United Way of New York, of Beason on State Route 10; State Route Hastings, Aberdeen, Missouri, Decatur, 2nd Floor Conference Room 2A, Two 10 east to DeWitt County; the western Grand Forks, McCrea, and South Park Avenue, New York, New York DeWitt County line. Carolina, are hereby given the 10016. The Committee will plan for the Decatur’s assigned geographic area opportunity to apply for designation to release of its report, Equal Housing does not include the following grain provide official services in the Opportunities in New York: An elevators inside Decatur’s area which geographic areas specified above under Evaluation of Section 8 Housing have been and will continue to be the provisions of section 7(f) of the Act Programs in Buffalo, Rochester, and serviced by the following official and section 800.196(d) of the Syracuse. The Committee will also agency: Champaign-Danville Grain regulations issued thereunder. discuss plans for a new project. Inspection Departments, Inc.: Moultrie Persons desiring additional information, or planning a presentation Grain Association, Cadwell, Moultrie DESIGNATION TERM County; Tabor and Company, Weedman to the Committee, should contact Ki- Grain Company, and Pacific Grain Hastings ...... 11/01/1999 to 9/30/2002. Taek Chun, Director of the Eastern Company, all in Farmer City, DeWitt Aberdeen ...... 12/01/1999 to 9/30/2002. Regional Office, 202–376–7533 (TDD County; and Monticello Grain Company, Missouri ...... 12/01/1999 to 9/30/2002. 202–376–8116). Hearing-impaired Monticello, Piatt County. Decatur ...... 01/01/2000 to 9/30/2002. persons who will attend the meeting Grand Forks ..... 01/01/2000 to 9/30/2002. and require the services of a sign e. Grand Forks McCrea ...... 01/01/2000 to 9/30/2002. language interpreter should contact the Pursuant to section 7(f)(2) of the Act, South Carolina 01/01/2000 to 9/30/2002. Regional Office at least ten (10) working the following geographic area, in the days before the scheduled date of the State of North Dakota, is assigned to Persons wishing to apply for meeting. Grand Forks. designation should contact the The meeting will be conducted Bounded on the North by the North Compliance Division at the address pursuant to the provisions of the rules Dakota State line; listed above for forms and information. and regulations of the Commission.

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Dated at Washington, DC, March 24, 1999. males in Virginia’s justice system, The meeting will be conducted Carol-Lee Hurley, conduct an informational briefing on pursuant to the provisions of the rules Chief, Regional Programs Coordination Unit. civil rights developments, and discuss and regulations of the Commission. [FR Doc. 99–7945 Filed 3–31–99; 8:45 am] new project proposals. Dated at Washington, DC, March 23, 1999. BILLING CODE 6335±01±M Persons desiring additional Carol-Lee Hurley, information, or planning a presentation Chief, Regional Programs Coordination Unit. to the Committee, should contact Ki- [FR Doc. 99–7948 Filed 3–31–99; 8:45 am] COMMISSION ON CIVIL RIGHTS Taek Chun, Director of the Eastern Regional office, 202–376–7533 (TDD BILLING CODE 6335±01±M Agenda and Notice of Public Meeting 202–376–8116). Hearing-impaired of the Pennsylvania Advisory persons who will attend the meeting Committee and require the services of a sign DEPARTMENT OF COMMERCE language interpreter should contact the Notice is hereby given, pursuant to Foreign-Trade Zones Board the provisions of the rules and Regional Office at least ten (10) working regulations of the U.S. Commission on days before the scheduled date of the [Order No. 1025] Civil Rights, that a meeting of the meeting. The meeting will be conducted Grant of Authority for Subzone Status, Pennsylvania Advisory Committee to ESCO Company Limited Partnership the Commission will convene from 1:30 pursuant to the provisions of the rules and regulations of the Commission. Plant, (Colorformer Chemicals), p.m. to 5:00 p.m. on April 23, 1999, at Muskegon, Michigan the Philadelphia Convention Center, Dated at Washington, DC, March 23, 1999. Administrative Level Board Room, 12th Carol-Lee Hurley, Pursuant to its authority under the Foreign- and Arch Streets, Philadelphia, Chief, Regional Programs Coordination Unit. Trade Zones Act of June 18, 1934, as Pennsylvania 19107. The Committee amended (19 U.S.C. 81a-81u), the Foreign- [FR Doc. 99–7947 Filed 3–31–99; 8:45 am] Trade Zones Board (the Board) adopts the will discuss the January 14, 1999 forum BILLING CODE 6335±01±M presentations, review staff’s progress on following Order: the draft report of the event, and receive Whereas, the Foreign-Trade Zones Act presentations from those organization COMMISSION ON CIVIL RIGHTS provides for ‘‘* ** the establishment representatives unable to attend the ** * of foreign-trade zones in ports of forum. Agenda and Notice of Public Meeting entry of the United States, to expedite Persons desiring additional of the Wyoming Advisory Committee and encourage foreign commerce, and information, or planning a presentation for other purposes,’’ and authorizes the to the Committee, should contract Ki- Notice is hereby given, pursuant to Foreign-Trade Zones Board to grant to Taek Chun, Director of the Eastern the provisions of the rules and qualified corporations the privilege of Regional Office, 202–376–7533 (TDD regulations of the U.S. Commission on establishing foreign-trade zones in or 202–376–8116). Hearing-impaired Civil Rights, that a meeting of the adjacent to U.S. Customs ports of entry; persons who will attend the meeting Wyoming Advisory Committee to the Whereas, the Board’s regulations (15 and require the services of a sign Commission will convene at 5:30 p.m. CFR part 400) provide for the language interpreter should contact the and recess at 7:30 p.m. on Wednesday, establishment of special-purpose Regional Office at least ten (10) working May 5, 1999. The purpose of the subzones when existing zone facilities days before the scheduled date of the meeting is to hold orientation for new cannot serve the specific use involved; meeting. members and a briefing on format and Whereas, the KOM Foreign Trade The meeting will be conducted presenters for the community forum. Zone Authority, grantee of Foreign- pursuant to the provisions of the rules The Committee will reconvene at 9:00 Trade Zone 189, has made application and regulations of the Commission. a.m. and adjourn at 9:00 p.m. on to the Board for authority to establish Thursday, May 6, 1999, to hold a Dated at Washington, DC, March 23, 1999. special-purpose subzone status at the community forum on education issues Carol-Lee Hurley, colorformer chemical manufacturing affecting minority students in the facility of ESCO Company Limited Chief, Regional Programs Coordination Unit. Wyoming public secondary schools Partnership, located in Muskegon, [FR Doc. 99–7946 Filed 3–31–99; 8:45 am] with representatives of the U.S. Michigan (FTZ Docket 57–96, filed July BILLING CODE 6335±01±M Department of Education, Wyoming 8, 1996 amended on July 28, 1997; State government and school district amendment withdrawn on March 13, officials, and community 1997); COMMISSION ON CIVIL RIGHTS representatives and citizens. The Whereas, notice inviting public meeting for both days will be located at Agenda and Notice of Public Meeting comment was given in the Federal the Radisson, 800 N. Poplar, Casper, of the Virginia Advisory Committee Register (61 FR 38137, July 23, 1996; 61 Wyoming 86201. FR 59401, November 22, 1996 and 62 Notice is hereby given, pursuant to Persons desiring additional FR 11813, March 13, 1997); and, the provisions of the rules and information, or planning a presentation Whereas, the Board adopts the regulations of the U.S. Commission on to the Committee, should contact John findings and recommendations of the Civil Rights, that a meeting of the Dulles, Director of the Rocky Mountain examiner’s report, and finds that the Virginia Advisory Committee to the Regional Office, 303–866–1040 (TDD requirements of the FTZ Act and the Commission will convene at 10:00 a.m. 303–866–1049). Hearing-impaired Board’s regulations would be satisfied and adjourn at 3:00 p.m. on April 23, persons who will attend the meeting and that approval of the application 1999, at the National Spa and Pool and require the services of a sign would be in the public interest if subject Institute, 2111 Eisenhower Avenue, language interpreter should contact the to restriction; Alexandria, Virginia 22314. The Regional Office at least ten (10) working Now, therefore, the Board hereby Committee will review its draft report days before the scheduled date of the grants authority for subzone status at the on the treatment of African American meeting. colorformer chemical manufacturing

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15727 facility of ESCO Company Limited DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Partnership, located in Muskegon, Melissa G. Skinner, Scott E. Smith, or Michigan (Subzone 189B), at the International Trade Administration Martha V. Douthit, Office of Policy, Import Administration, International location described in the application, AGENCY: Import Administration, Trade Administration, U.S. Department and subject to the FTZ Act and the International Trade Administration, of Commerce, at (202) 482–1560, (202) Board’s regulations, including § 400.28, Department of Commerce. and further subject to a restriction 482–6397 or (202) 482–3207, ACTION: Notice of Initiation of Five-Year respectively, or Vera Libeau, Office of requiring that any foreign status (‘‘Sunset’’) Reviews. merchandise admitted to the subzone Investigations, U.S. International Trade Commission, at (202) 205–3176. and manufactured or processed under SUMMARY: In accordance with section zone procedures must be exported. 751(c) of the Tariff Act of 1930, as SUPPLEMENTARY INFORMATION: Signed at Washington, DC, this 23rd day of amended (‘‘the Act’’), the Department of Initiation of Reviews March 1999. Commerce (‘‘the Department’’) is automatically initiating five-year In accordance with 19 CFR 351.218 Robert S. LaRussa, (‘‘sunset’’) reviews of the antidumping (see Procedures for Conducting Five- Assistant Secretary of Commerce for Import and countervailing duty orders or year (‘‘Sunset’’) Reviews of Administration, Alternate Chairman, Foreign- suspended investigations listed below. Antidumping and Countervailing Duty Trade Zones Board. The International Trade Commission Orders, 63 FR 13516 (March 20, 1998)), Attest: Dennis Puccinelli, Acting Executive (‘‘the Commission’’) is publishing we are initiating sunset reviews of the Secretary. concurrently with this notice its notices following antidumping and [FR Doc. 99–8078 Filed 3–31–99; 8:45 am] of Institution of Five-Year Reviews countervailing duty orders or suspended BILLING CODE 3510±DS±P covering these same orders. investigations:

ITC DOC Case No. Case Country Product No.

A±122±701 ...... A±374 Canada ...... Potassium Chloride (Potash). A±588±054 ...... AA±143 Japan ...... Tapered Roller Bearings, 4 Inches and Under. A±570±601 ...... A±344 China, PR ...... Tapered Roller Bearings. A±437±601 ...... A±341 Hungary ...... Tapered Roller Bearings. A±485±602 ...... A±345 Romania ...... Tapered Roller Bearings. A±588±604 ...... A±343 Japan ...... Tapered Roller Bearings, 4 Inches and Over. A±427±801 ...... A±392 France ...... Cylindrical Roller Bearings. A±427±801 ...... A±392 France ...... Ball Bearings. A±427±801 ...... A±392 France ...... Spherical Plain Bearings. A±428±801 ...... A±391 Germany ...... Spherical Plain Bearings. A±428±801 ...... A±391 Germany ...... Cylindrical Roller Bearings. A±428±801 ...... A±391 Germany ...... Ball Bearings. A±475±801 ...... A±393 Italy ...... Ball Bearings. A±475±801 ...... A±393 Italy ...... Cylindrical Roller Bearings. A±588±804 ...... A±394 Japan ...... Cylindrical Roller Bearings. A±588±804 ...... A±394 Japan ...... Spherical Plain Bearings. A±588±804 ...... A±394 Japan ...... Ball Bearings. A±485±801 ...... A±395 Romania ...... Ball Bearings. A±559±801 ...... A±396 Singapore ...... Ball Bearings. A±401±801 ...... A±397 Sweden ...... Ball Bearings. A±401±801 ...... A±397 Sweden ...... Cylindrical Roller Bearings. A±412±801 ...... A±399 United Kingdom ...... Cylindrical Roller Bearings. A±412±801 ...... A±399 United Kingdom ...... Ball Bearings. A±588±703 ...... A±377 Japan ...... Forklift Trucks. A±588±706 ...... A±384 Japan ...... Nitrile Rubber.

Statute and Regulations 13516 (March 20, 1998) (‘‘Sunset proceedings, including copies of the Regulations’’). Guidance on Sunset Regulations and Sunset Policy Pursuant to sections 751(c) and 752 of methodological or analytical issues Bulletin, the Department’s schedule of the Act, an antidumping (‘‘AD’’) or countervailing duty (‘‘CVD’’) order will relevant to the Department’s conduct of sunset reviews, case history information be revoked, or the suspended sunset reviews is set forth in the (e.g., previous margins, duty absorption investigation will be terminated, unless Department’s Policy Bulletin 98:3— determinations, scope language, import revocation or termination would be Policies Regarding the Conduct of Five- volumes), and service lists, available to likely to lead to continuation or year (‘‘Sunset’’) Reviews of the public on the Department’s sunset recurrence of (1) dumping or a Antidumping and Countervailing Duty internet website at the following countervailable subsidy, and (2) Orders; Policy Bulletin, 63 FR 18871 address: ‘‘http://www.ita.doc.gov/ l material injury to the domestic industry. (April 16, 1998) (‘‘Sunset Policy import admin/records/sunset/’’. The Department’s procedures for the Bulletin’’). All submissions in the sunset review conduct of sunset reviews are set forth Filing Information must be filed in accordance with the in Procedures for Conducting Five-year Department’s regulations regarding (‘‘Sunset’’) Reviews of Antidumping and As a courtesy, we are making format, translation, service, and Countervailing Duty Orders, 63 FR information related to sunset certification of documents. These rules

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We Department’s information requirements Washington, DC 20230; telephone: (202) also would appreciate written are distinct from the International Trade 482–3207 or (202) 482–1560, notification if you no longer represent a Commission’s information respectively. party on the service list. requirements. Please consult the Sunset SUPPLEMENTARY INFORMATION: Because deadlines in a sunset review Regulations for information regarding Background are, in many instances, very short, we the Department’s conduct of sunset urge interested parties to apply for reviews.1 Please consult the The Department issued antidumping access to proprietary information under Department’s regulations at 19 CFR part duty orders on brazing copper wire and administrative protective order (‘‘APO’’) 351 (1998) for definitions of terms and rod from New Zealand (50 FR 49740, immediately following publication in for other general information concerning December 4, 1985), brazing copper wire the Federal Register of the notice of antidumping and countervailing duty and rod from South Africa (51 FR 3640, initiation of the sunset review. The proceedings at the Department. January 29, 1986), and cellular mobile Department’s regulations on submission This notice of initiation is being phones from Japan (50 FR 51724, of proprietary information and published in accordance with section December 19, 1985). Pursuant to section eligibility to receive access to business 751(c) of the Act and 19 CFR 351.218(c). 751(c) of the Tariff Act of 1930, as proprietary information under APO can amended (‘‘the Act’’), the Department be found at 19 CFR 351.304–306 (see Dated: March 26, 1999. initiated sunset reviews of these orders Antidumping and Countervailing Duty Robert S. LaRussa, by publishing notice of the initiation in Proceedings: Administrative Protective Assistant Secretary for Import the Federal Register (64 FR 364, January Order Procedures; Procedures for Administration. 4, 1999). In addition, as a courtesy to Imposing Sanctions for Violation of a [FR Doc. 99–8070 Filed 3–31–99; 8:45 am] interested parties, the Department sent Protective Order, 63 FR 24391 (May 4, BILLING CODE 3510±DS±P letters, via certified and registered mail, 1998)). to each party listed on the Department’s most current service list for these Information Required From Interested DEPARTMENT OF COMMERCE Parties proceedings to inform them of the automatic initiation of a sunset review Domestic interested parties (defined International Trade Administration on these orders. in 19 CFR 351.102 (1998)) wishing to No domestic interested parties in the January 1999 Sunset Reviews: Final participate in the sunset review must sunset reviews of these orders Results and Revocations respond not later than 15 days after the responded to the notice of initiation by date of publication in the Federal AGENCY: Import Administration, the January 19, 1999, deadline (see Register of the notice of initiation by section 351.218(d)(1)(i) of Procedures filing a notice of intent to participate. International Trade Administration, Department of Commerce. for Conducting Five-year (‘‘Sunset’’) The required contents of the notice of Reviews of Antidumping and intent to participate are set forth in the ACTION: Notice of Final Results of Sunset Countervailing Duty Orders, 63 FR Sunset Regulations at 19 CFR Reviews and Revocation of 13520 (March 20, 1998) (‘‘Sunset 351.218(d)(1)(ii). We note that the Antidumping Duty Orders: Brazing Regulations’’)). Department considers each of the orders Copper Wire & Rod from New Zealand listed above as separate and distinct (A–614–502), Brazing Copper Wire & Determination To Revoke orders and, therefore, requires order- Rod from South Africa (A–791–502), Pursuant to section 751(c)(3)(A) of the specific submissions. Because the case and Cellular Mobile Phones from Japan Act and section 351.218(d)(1)(iii)(B)(3) numbers are the same for many of the (A–588–405). of the Sunset Regulations, if no orders covering differing classes or interested party responds to the notice kinds of antifriction bearings, we SUMMARY: On January 4, 1999, the of initiation, the Department shall issue request that all submissions clearly Department of Commerce (‘‘the a final determination, within 90 days identify the order for which the Department’’) initiated sunset reviews of after the initiation of the review, submission is being made by country the antidumping duty orders on brazing revoking the finding or order or and product name as listed above. In copper wire and rod from New Zealand, terminating the suspended accordance with the Sunset Regulations, brazing copper wire and rod from South investigation. Because no domestic if we do not receive a notice of intent Africa, and cellular mobile phones from interested party responded to the notice to participate from at least one domestic Japan. Because no domestic party of initiation by the applicable deadline, interested party by the 15-day deadline, responded to the sunset review notice of January 19, 1999, we are revoking these the Department will automatically initiation by the applicable deadline, antidumping duty orders. revoke the order without further review. the Department is revoking these orders. Effective Date of Revocation and If we receive an order-specific notice EFFECTIVE DATE: January 1, 2000. of intent to participate from a domestic Termination interested party, the Sunset Regulations 1 A number of parties commented that these Pursuant to section 751(c)(6)(A)(iv) of provide that all parties wishing to interim-final regulations provided insufficient time the Act, the Department will instruct the participate in the sunset review must for rebuttals to substantive responses to a notice of United States Customs Service to file substantive responses not later than initiation (Sunset Regulations, 19 CFR terminate the suspension of liquidation 351.218(d)(4)). As provided in 19 CFR 351.302(b) 30 days after the date of publication in (1998), the Department will consider individual of the merchandise subject to these the Federal Register of the notice of requests for extension of that five-day deadline orders entered, or withdrawn from initiation. The required contents of a based upon a showing of good cause. warehouse, on or after January 1, 2000.

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Entries of subject merchandise prior to liquidate entries subject to these a circumstance-of-sale adjustment and the effective date of revocation will reviews. reconsider its treatment of commissions and home market pre-sale freight expenses where continue to be subject to suspension of EFFECTIVE DATE: April 1, 1999. liquidation and antidumping duty foreign market value was calculated using FOR FURTHER INFORMATION CONTACT: deposit requirements. The Department purchase price). Ilissa Kabak or John Kugelman, Import • Timken v. U.S., Slip Op. 96–126 (August will complete any pending Administration, International Trade 7, 1996) (On December 28, 1994, the CIT administrative reviews of these orders Administration, U.S. Department of granted a stay in the Timken proceedings and will conduct administrative reviews Commerce, 14th Street and Constitution pending a decision by the CAFC with respect of all entries prior to the effective date Avenue, NW., Washington, DC 20230; to the Japanese value added tax (VAT) issue of revocation in response to telephone (202) 482–1395 or (202) 482– in Koyo v. U.S., CAFC Nos. 94–1097, –1044. appropriately filed requests for review. Based on a motion by plaintiff (Timken), in 0649, respectively. Dated: March 26, 1999. Slip Op. 96–126 the CIT lifted the stay in SUPPLEMENTARY INFORMATION: these proceedings and remanded the case to Robert S. LaRussa, Background the Department to apply the tax-neutral VAT Assistant Secretary for Import adjustment methodology approved by the Administration. Below is a summary of the litigation CAFC in Koyo v. U.S., 63 F.3d 1572 (Fed. Cir. [FR Doc. 99–8075 Filed 3–31–99; 8:45 am] for the 1998–1989 final results for 1995). The CIT affirmed these results and BILLING CODE 3510±DS±P which the Court has issued final and dismissed the 92–01–00031 litigation in Slip conclusive decisions. It is important to Op. 98–79 on June 17, 1998). note that, due to the fact that litigation DEPARTMENT OF COMMERCE The decisions issued by the Court for each TRBs final results was with respect to the Department’s final unconsolidated, the Court issued two or International Trade Administration results for NSK were: more orders throughout the course of • [A±588±054] litigation which required us to NSK v. U.S., Slip OP. 93–211 (November recalculate a respondent’s final results 5, 1993) (The CIT ruled in favor of the Tapered Roller Bearings, Four Inches margin several times. To ensure the Department on all issues and dismissed the or Less in Outside Diameter, and case. accurate calculation of amended final • Timken v. U.S., Slip Op,. 94–107 (July 1, Components Thereof, From Japan: results, any recalculation we performed Final Court Decisions and Amended 1994) (The CIT ordered the Department to for a given respondent pursuant to a recalculate the foreign market value without Final Results of Antidumping Duty specific order reflected all a circumstance-of-sale adjustment and Administrative Reviews recalculations we performed for that reconsider its treatment of commissions and AGENCY: Import Administration, respondent pursuant to earlier orders. home market pre-sale freight expenses where International Trade Administration, As a result, the last Court order foreign market value was calculated using purchase price). Department of Commerce. requiring a recalculation of a • respondent’s margin reflects the final Timken v. U.S., Slip Op. 96–126 (August ACTION: Notice of Final Court Decisions 7, 1996) (On December 28, 1994, the CIT and Amended Final Results of amended margin for the respondent, granted a stay in the Timken proceedings Antidumping Duty Administrative provided that final and conclusive pending a decision by the CAFC with respect Reviews. decisions have been made by the Court to the Japanese value added tax (VAT) issue with respect to litigation which affected in Koyo v. U.S., CAFC Nos. 94–1097, –1044. SUMMARY: On December 16, 1991, the the respondent’s final results. Based on a motion by plaintiff (Timken), in Department of Commerce (the On December 16, 1991, we published Slip Op. 96–126 the CIT lifted the stay in Department) published the final results in the Federal Register our notice of the these proceedings and remanded the case to of its administrative review of the final results of administrative reviews the Department to apply the tax-neutral VAT antidumping finding on tapered roller for the 1988–89 period of review (POR). adjustment methodology approved by the CAFC in Koyo v. U.S., 63 F.3d 1572 (Fed. Cir. bearings (TRBs), finished and This notice covered the administrative unfinished, and parts thereof, from 1995). The CIT affirmed these results and reviews for (1) Koyo Seiko Co., Ltd. dismissed the 92–01–00031 litigation in Slip Japan during the period August 1, 1988 (Koyo), (2) NSK Ltd. (INSK), (3) Isuzu Op. 98–79 on June 17, 1998). through July 31, 1989. See Tapered Motors, Ltd., (4) Toyota Motors Roller Bearings, Four Inches or Less in Corporation, and (5) Nachi-Fujikoshi Status Outside Diameter, and Certain Corporation. Subsequent to the All Other Firms: No firms except Koyo Components Thereof, from Japan; Final publication of these final results, Koyo, Results of Antidumping Duty and NSK pursued litigation and the NSK, and The Timken Company existing litigation had no impact on Administrative Review 56 FR 65228. (Timken), the petitioners in this case, Subsequent to our publication of these their final results. Because the challenged certain issues before the CIT Department has not yet issued final results, parties to the proceeding (Court Nos. 92–01–00047, 92–01–00028, challenged certain aspects of our final instructions to Customs to liquidate and 92–01–00031, respectively). The entries made by these firms during the results determinations before the Court CIT has issued final and conclusive of International Trade (CIT) (the Court) applicable period, where appropriate, decisions with respect to each of these we will issue instructions to Customs to and, in certain instances, before the proceedings. United States Court of Appeals for the liquidate entries of merchandise subject The decisions issued by the Court to the antidumping funding made by Federal Circuit (CAFC). with respect to the Department’s final The Court recently affirmed final these firms pursuant to our December results for Koyo were: 16, 1991, 1998–89 final results. remand results with respect to the • 1988–89 final results. As there are now Koyo v. U.S., Slip Op. 93–87 (June 1, Koyo: As there are now final and 1993) (The CIT ruled in favor of the final and conclusive court decisions Department on all issues and dismissed the conclusive court decisions with respect with respect to litigation for these final case). to both the 92–01–00031 (Timken) and results, where applicable, we are • Timken v. U.S., Slip Op,. 94–107 (July 1, 92–01–00047 (Koyo) litigation, we are amending our final results of review and 1994) (The CIT ordered the Department to amending our final results of review for will subsequently instruct customs to recalculate the foreign market value without Koyo based on the last court order

VerDate 23-MAR-99 17:43 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm01 PsN: 01APN1 15730 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices which required a recalculation of Koyo’s period listed above. Individual 1979 (as amended) (the Act) requires the rate (Timken v. U.S., Sip Op. 96–126). differences between United States price Department of Commerce (the The amended final results margin for and foreign market value may vary from Department) to determine, in Koyo is 16.09%. We will issue the percentages listed above. The consultation with the Secretary of instructions to Customs to liquidate Department will issue appraisement Agriculture, whether any foreign entries of subject merchandise made by instructions directly to Customs. government is providing a subsidy with Koyo during this period pursuant to Dated: March 18, 1999. respect to any article of cheese subject these amended final results. Robert S. LaRussa, to an in-quota rate of duty, as defined NSK: As there are now final and in section 702(g)(b)(4) of the Act, and to conclusive court decisions with respect Assistant Secretary for Import Administration. publish an annual list and quarterly to both the 92–01–00031 (Timken) and updates of the type and amount of those 92–01–00028 (NSK) litigation, we are [FR Doc. 99–8039 Filed 3–31–99; 8:45 am] BILLING CODE 3510±DS±M subsidies. We hereby provide the amending our final results of review for Department’s quarterly update of NSK based on the last court order which subsidies on cheeses that were imported required a recalculation of NSK’s rate DEPARTMENT OF COMMERCE during the period October 1, 1998 (Timken v. U.S., Slip Op. 96–126). The through December 31, 1998. amended final results margin for NSK is International Trade Administration 6.01%. We will issue instructions to The Department has developed, in Customs to liquidate entries of subject Quarterly Update to Annual Listing of consultation with the Secretary of merchandise made by NSK during this Foreign Government Subsidies on Agriculture, information on subsidies period pursuant to these amended final Articles of Cheese Subject to an In- (as defined in section 702 (g)(b)(2) of the results. Quota Rate of Duty Act) being provided either directly or indirectly by foreign governments on Amendment to Final Determinations AGENCY: Import Administration, articles of cheese subject to an in-quota Pursuant to 19 U.S.C. 1516a(e), we are International Trade Administration, rate of duty. The appendix to this notice now amending the final results of the Department of Commerce. lists the country, the subsidy program or 1988–89 administrative review of the ACTION: Publication of Quarterly Update programs, and the gross and net antidumping finding on TRBs from to Annual Listing of Foreign amounts of each subsidy for which Japan. The weighted-average margins Government Subsidies on Articles of information is currently available. are: Cheese Subject to an In-Quota Rate of Duty. The Department will incorporate Margin additional programs which are found to Manufacturer/exporter (percent) SUMMARY: The Department of constitute subsidies, and additional Commerce, in consultation with the information on the subsidy programs Koyo Seiko Company, Ltd ...... 1 16.09 Secretary of Agriculture, has prepared listed, as the information is developed. NSK Ltd ...... 1 6.01 its quarterly update to the annual list of 2 The Department encourages any Isuzu Motors, Ltd ...... 15.89 foreign government subsidies on articles Toyota Motors Corporation ...... 2 15.89 person having information on foreign Nachi-Fujikoshi Corporation ..... 3 18.07 of cheese subject to an in-quota rate of government subsidy programs which duty during the period October 1, 1998 benefit articles of cheese subject to an 1 Pursuant to these amended final results. through December 31, 1998. We are 2 in-quota rate of duty to submit such BIA rate-highest rate for any other re- publishing the current listing of those viewed firm. information in writing to the Assistant 3 subsidies that we have determined exist. No shipments, margin from last review in Secretary for Import Administration, which there were shipments. EFFECTIVE DATE: April 1, 1999. U.S. Department of Commerce, 14th The above rates will become the FOR FURTHER INFORMATION CONTACT: Street and Constitution Avenue, NW, antidumping duty deposit rates for Russell Morris or Tipten Troidl, Office Washington, DC 20230. of AD/CVD Enforcement VI, Import those firms that have not had a deposit This determination and notice are in rate established for them in subsequent Administration, International Trade accordance with section 702(a) of the reviews. Administration, U.S. Department of Accordingly, the Department will Commerce, 14th Street and Constitution Act. determine and Customs will assess Ave., NW, Washington, DC 20230, Dated: March 26, 1999. appropriate antidumping duties on telephone: (202) 482–2786. Robert S. LaRussa, entries of the subject merchandise made SUPPLEMENTARY INFORMATION: Section Assistant Secretary for Import by firms covered by the review of the 702(a) of the Trade Agreements Act of Administration.

APPENDIXÐSUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

Gross 1 Net 2 Country Program(s) Subsidy Subsidy

Austria ...... European Union Restitution Payments ...... $0.25 $0.25 Belgium ...... EU Restitution Payments ...... 0.10 0.10 Canada ...... Export Assistance on Certain Types of Cheese ...... 0.22 0.22 Denmark ...... EU Restitution Payments ...... 0.18 0.18 Finland ...... EU Restitution Payments ...... 0.28 0.28 France ...... EU Restitution Payments ...... 0.20 0.20 Germany ...... EU Restitution Payments ...... 0.20 0.20 Greece ...... EU Restitution Payments ...... 0.00 0.00 Ireland ...... EU Restitution Payments ...... 0.18 0.18 Italy ...... EU Restitution Payments ...... 0.03 0.03 Luxembourg ...... EU Restitution Payments ...... 0.10 0.10 Netherlands ...... EU Restitution Payments ...... 0.10 0.10

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APPENDIXÐSUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTYÐContinued

Gross 1 Net 2 Country Program(s) Subsidy Subsidy

Norway ...... Indirect (Milk) Subsidy ...... 0.33 0.33 Consumer Subsidy ...... 0.15 0.15

Total ...... 0.48 0.48

Portugal ...... EU Restitution Payments ...... 0.14 0.14 Spain ...... EU Restitution Payments ...... 0.14 0.14 Switzerland ...... Deficiency Payments ...... 0.24 0.24 U.K...... EU Restitution Payments ...... 0.14 0.14 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6).

[FR Doc. 99–8077 Filed 3–31–99; 8:45 am] Dated: March 26, 1999. The Corporation is particularly BILLING CODE 3510±DS±P Robert S. LaRussa, interested in comments which: Assistant Secretary for Import • Evaluate whether the proposed Administration. collection of information is necessary DEPARTMENT OF COMMERCE [FR Doc. 99–8076 Filed 3–31–99; 8:45 am] for the proper performance of the BILLING CODE 3510±DS±P functions of the Corporation, including International Trade Administration whether the information will have practical utility; December 1998 Sunset Reviews: • Evaluate the accuracy of the Corrected Final Results and CORPORATION FOR NATIONAL AND agency’s estimate of the burden of the Revocations COMMUNITY SERVICE proposed collection of information, including the validity of the AGENCY: Import Administration, Proposed Information Collection; methodology and assumptions used; International Trade Administration, Comment Request • Propose ways to enhance the Department of Commerce. quality, utility and clarity of the AGENCY: Corporation for National and information to be collected; and ACTION: Notice of Correction to Final Community Service. • Propose ways to minimize the Results and Revocations of December ACTION: Notice and request for burden of the collection of information 1998 Sunset Reviews: Agricultural comments. on those who are to respond, including Tillage Tools from Brazil (C–351–406). through the use of appropriate SUMMARY: The Corporation for National automated, electronic, mechanical, or SUMMARY: On March 8, 1999, the and Community Service (hereinafter the ‘‘Corporation’’), as part of its continuing other technological collection Department of Commerce (‘‘the techniques or other forms of information Department’’) published in the Federal effort to reduce paperwork and respondent burden, conducts a pre- technology, e.g., permitting electronic Register (64 FR 10993) the final results submissions of responses. of the December 1998 sunset review of clearance consultation program to provide the general public and Federal DATES: Written comments must be the countervailing duty order on tillage agencies with an opportunity to submitted to the office listed in the tools from Brazil and its revocation. comment on proposed and/or ADDRESSES section by June 1, 1999. Subsequent to the publication of the continuing collections of information in ADDRESSES: Send comments to the final results, we identified an accordance with the Paperwork Corporation for National and inadvertent error in the action line of Reduction Act of 1995 (PRA95) (44 Community Service, Attn: Susan Labin, the notice. Specifically, the action was U.S.C. 3506(c)(2)(A)). This program Office of Evaluation, 1201 New York identified as concerning agricultural helps to ensure that requested data can Avenue, N.W., 9th floor, Washington, tillage tools from Argentina, not Brazil. be provided in the desired format, D.C. 20525. Therefore, we are correcting this reporting burden (time and financial FOR FURTHER INFORMATION CONTACT: inadvertent error. As noted in the body resources) is minimized, collection Susan Labin, (202) 606–5000, ext. 160. of the original notice, the review instruments are clearly understood, and SUPPLEMENTARY INFORMATION: addresses the countervailing duty order the impact of collection requirement on on agricultural tillage tools from Brazil. respondents can be properly assessed. Background Currently, the Corporation is soliciting One of the six major legislative FOR FURTHER INFORMATION CONTACT: comments concerning its request for ‘‘findings’’ of the Corporation for Scott E. Smith or Melissa G. Skinner, approval of a new information National Service is that ‘‘Americans Office of Policy for Import collection from organizations that ** * become better citizens through Administration, International Trade conduct literacy and tutoring activities service to the United States.’’ Of the Administration, U.S. Department of under the sponsorship of Corporation eight legislative purposes of the agency, Commerce, 14th St. & Constitution Ave., grants. This information will be used by educational development and civic NW, Washington, DC 20230: telephone the Corporation to evaluate the nature responsibility are benefits that are (202) 482–6397 or (202) 482–1560, and effectiveness of the programs. intended to accrue to those who serve respectively. Copies of the proposed information (42 U.S.C. 12501.(a)(b)). These purposes This amendment is issued and collection request may be obtained by are reflected in the Corporation’s vision published in accordance with sections contacting the office listed below in the statement which is expanding the sense 751(h) and 777(i) of the Act. ADDRESSES section of this notice. of community and creating an active

VerDate 23-MAR-99 17:03 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm01 PsN: 01APN1 15732 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices citizenship where Americans feel Type of Review: New approval. The closed session will occur on 6 greater responsibility toward others. Agency: Corporation for National and April. At this session the Senior Similarly the mission statement of the Community Service. Advisory Board will review and discuss agency speaks directly to the benefits of Title: Longitudinal Study of Member inputs for the Phase 1 report that the service: Outcomes. Study Group has prepared and that are ‘‘In doing so [engaging in service], the OMB Number: None. based on classified material concerning Corporation will foster civic responsibility, Agency Number: None. global regional trends and possible strengthen the ties that bind us together as a Affected Public: Current and former conflict situations. people, and provide educational opportunity Americorps members. In accordance with section 10(d) of for those who make a substantial Total Respondents: Approximately the Federal Advisory Committee Act, commitment to service.’’ 6,950. Public Law 92–463, as amended [5 Thus, a central purpose of the agency Frequency: One time. U.S.C., Appendix II], it is anticipated and its programs is to foster citizenship Average Time Per Response: 45 that matters affecting national security, and development for those who serve. minutes. as covered by 5 U.S.C. 552b(c)(1)(1988), This study will look at the effects of Estimated Total Burden Hours: 5,213 will be presented throughout the service on the members who serve in hours. meeting on 6 April, and that, the three Americorps programs: State/ Total Burden Cost (capital/startup): accordingly, the meeting will be closed National, Volunteers in Service to None. to the public. Total Burden Cost (operating/ America (VISTA), and National Civilian DATES: Monday, 5 April 1:30–5:00 p.m. Community Corps (NCCC). maintenance): None. Comments submitted in response to (open); Tuesday, 6 April 8:30 a.m.–4:30 Approximately 40,000 citizens serve in p.m. (Closed). Americorps each year. this notice will be summarized and/or included in the request for Office of ADDRESSES: Crystal City Marriott Hotel, Current Action Management and Budget approval of the Salon E, 1999 Jefferson Davis Highway, The objectives of this study are to: information collection request; they will Arlington, VA 22202; phone 703–413– describe the outcomes that are also become a matter of public record. 5500. associated with serving and document Dated: March 29, 1999. FOR FURTHER INFORMATION CONTACT: Dr. changes in those outcomes over time; Thomas L. Bryant, Keith A. Dunn, National Security Study identify factors explaining variation in Acting General Counsel. Group, Suite 532, Crystal Mall 3, 1931 outcomes at different stages of time; Jefferson Davis Highway, Arlington, VA [FR Doc. 99–8080 Filed 3–31–99; 8:45 am] and, to the degree possible, specify the 22203–3805. Telephone 703–602–4175. BILLING CODE 6050±28±U causal influences of national service on Dated: March 25, 1999. its members. Outcome domains will L.M. Bynum, include attitudes and behaviors for civic DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison engagement, education, employment, Officer, Department of Defense. and life skills. To meet these objectives, the study Office of the Secretary [FR Doc. 99–7845 Filed 3–31–99; 8:45 am] BILLING CODE 5001±10±M will select a nationally representative Meeting of the Senior Advisory Board sample of incoming AmeriCorps on National Security members from a sufficient number of DEPARTMENT OF DEFENSE programs to generalize overall AGENCY: Department of Defense, Office population. It will collect data from a of the Under Secretary of Defense Department of the Air Force self-report survey measuring the above (Policy). life outcomes for AmeriCorps members, ACTION: Notice of partially closed Notice of Intent To Grant an Exclusive as well as individual background meeting. Patent License characteristics. This will require baseline data at entry to the program as SUMMARY: This notice has been revised Pursuant to the provisions of Part 404 well as repeated measurements over a to reflect a new meeting location. of Title 37, Code of Federal Regulations, several years time period. In order to Current world events necessitated which implements Public Law 96–517, address the issue of causality, or the moving the meeting site to the Department of the Air Force direct influence that service had on the accommodate key participants. announces its intention to grant Laser outcomes, the study will include a The Senior Advisory Board on Photonics Technology, Inc. (hereafter comparison group for each of the three National Security will meet in open and Laser Photonics), a private company programs. The program’s populations closed sessions on April 5–6, 1999. The doing business in Amherst, NY, an and service activities are very diverse Board was chartered by the Secretary of exclusive license in any right, title and and require separate sampling plans and Defense to conduct a comprehensive interest the Air Force has in: United separate comparison groups. In review of the early twenty-first century States Patent No. 5,770,737 issued June addition, the study will incorporate a global security environment; develop 23, 1998 and filed in the name of Air smaller retrospective study of former appropriate national security objectives Force employee Bruce A. Reinhardt and AmeriCorps members carried out in and a strategy to attain these objectives; non-Air Force inventors Jayprakash C. combination with the main longitudinal and recommend concomitant changes to Bhatt, Lawrence L. Brott, and Stephen J. study. In this way, information from the national security apparatus as Clarson for ‘‘An Asymmetrical Dye With previous members on outcomes over the necessary. Large Two-Photon Absorption Cross- past several years will be available The Senior Advisory Board will meet Sections;’’ United States Patent No. sooner than the larger longitudinal in open session on the afternoon of 5 5,859,251 issued January 12, 1999 and study of new members. April with American business filed in the name of Air Force employee The Corporation seeks approval of the executives to discuss corporation Bruce A. Reinhardt and non-Air Force survey that will be filled be responded forecasting methods and variables that inventors Ramamurthi Kannan, to by the AmeriCorps members. corporations use in strategic planning. Lawrence L. Brott, and Stephen J.

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Clarson for ‘‘Symmetrical Dyes With FOR FURTHER INFORMATION CONTACT: Mr. Leader, Information Management Large Two-Photon Absorption Cross- M.J. McGowan, Deputy Counsel-Patents, Group, Office of the Chief Information Section;’’ and for Air Force Disclosure Naval Undersea Warfare Center Officer, publishes that notice containing 332 filed in the United States Patent and Division, Newport, 1176 Howell St., proposed information collection Trademark Office on March 8, 1999 in Bldg 112T, Code OOOC, Newport, requests prior to submission of these the name of Air Force employee Bruce Rhode Island 02841, telephone (401) requests to OMB. Each proposed A. Reinhardt and non-Air Force 832–4736. information collection, grouped by inventor Ramamurthi Kannan for (Authority: 35 U.S.C. 207, 37 CFR Part 404) office, contains the following: (1) Type of review requested, e.g. new, revision, ‘‘Benzothiazole-Containing Two-Photon Dated: March 25, 1999. Chromophores Exhibiting Strong extension, existing or reinstatement; (2) Pamela A. Holden, Frequency Up Conversion.’’ Title; (3) Summary of the collection; (4) An exclusive license to the two Lieutenant Commander, Judge Advocate Description of the need for, and General’s Corps, United States Navy, Federal proposed use of, the information; (5) patents and patent application Register Liaison Officer. described above will be granted unless Respondents and frequency of [FR Doc. 99–8034 Filed 3–31–99; 8:45 am] an objection thereto, together with a collection; and (6) Reporting and/or request for an opportunity to be heard, BILLING CODE 3810±FF±P Recordkeeping burden. OMB invites if desired, is received in writing by the public comment at the address specified addressee set forth below within 60 above. Copies of the requests are days from the date of publication of this DEPARTMENT OF EDUCATION available from Patrick J. Sherrill at the Notice. Information concerning the address specified above. The Notice of Proposed Information application may be obtained, on request, Department of Education is especially Collection Requests from the same addressee. interested in public comment All communications concerning this AGENCY: Department of Education. addressing the following issues: (1) is this collection necessary to the proper Notice should be sent to Mr. Randy SUMMARY: The Acting Leader, functions of the Department; (2) will Heald, Patent Attorney, SAF/GCQ, 1740 Information Management Group, Office this information be processed and used Air Force Pentagon, Washington, DC of the Chief Information Officer, invites in a timely manner; (3) is the estimate 20330–1740, Telephone No. (703) 588– comments on the proposed information of burden accurate; (4) how might the 5091. collection requests as required by the Department enhance the quality, utility, Carolyn A. Lunsford, Paperwork Reduction Act of 1995. and clarity of the information to be Air Force Federal Register Liaison Officer. DATES: Interested persons are invited to collected; and (5) how might the [FR Doc. 99–8037 Filed 3–31–99; 8:45 am] submit comments on or before June 1, Department minimize the burden of this BILLING CODE 5001±05±P 1999. collection on the respondents, including ADDRESSES: Written comments and through the use of information requests for copies of the proposed DEPARTMENT OF DEFENSE technology. information collection requests should Dated: March 26, 1999. be addressed to Patrick J. Sherrill, Department of the Navy William E. Burrow, Department of Education, 400 Maryland Avenue, S.W., Room 5624, Regional Acting Leader, Information Management Notice of Intent To Grant Exclusive Group, Office of the Chief Information Officer. Patent License; Madison Technology Office Building 3, Washington, D.C. International, Ltd 20202–4651, or should be electronically Office of Postsecondary Education mailed to the internet address Type of Review: New. AGENCY: Department of the Navy, DOD. [email protected], or should be Title: Distance Education ACTION: Notice. faxed to 202–708–9346. Demonstration Program Annual FOR FURTHER INFORMATION CONTACT: Evaluation. SUMMARY: The Department of the Navy Patrick J. Sherrill (202) 708–8196. Frequency: Annually. hereby gives notice of its intent to grant Individuals who use a Affected Public: Not-for-profit Madison Technology International, Ltd., telecommunications device for the deaf institutions; individuals or households; a revocable, nonassignable, exclusive (TDD) may call the Federal Information businesses or other for-profit. license in the United States, to practice Relay Service (FIRS) at 1-800–877–8339 Reporting and Recordkeeping Hour the Government-owned inventions between 8 a.m. and 8 p.m., Eastern time, Burden: described in U.S. Patent No. 5,379,270 Monday through Friday. Responses: 13,515. entitled ‘‘Acoustic-optic Sound Velocity Burden Hours: 1,485. SUPPLEMENTARY INFORMATION: Section Profiler’’ and U.S. Patent No. 5,339,285 Abstract: The Distance Education 3506 of the Paperwork Reduction Act of entitled ‘‘Monolithic Low Noise Demonstration Program is a new 1995 (44 U.S.C. Chapter 35) requires Preamplifier for Piezoelectric Sensors’’ program designed to test the quality and that the Office of Management and in the field of underwater acoustic viability of expanded distance Budget (OMB) provide interested systems. education programs that are currently Federal agencies and the public an early restricted by provisions of the Higher DATES: Anyone wishing to object to the opportunity to comment on information Education Act (HEA). The HEA requires grant of this license must file written collection requests. OMB may amend or the Department to report to Congress objections along with supporting waive the requirement for public annually on the results and specifies the evidence, if any, not later than June 1, consultation to the extent that public areas which must be addressed. 1999. participation in the approval process ADDRESSES: Written objections are to be would defeat the purpose of the Office of the Under Secretary filed with the Naval Undersea Warfare information collection, violate State or Type of Review: New. Center Division, Newport, 1176 Howell Federal law, or substantially interfere Title: Evaluation of the Eisenhower St., Bldg 112T, Code OOOC, Newport, with any agency’s ability to perform its Professional Development Program: Rhode Island 02841. statutory obligations. The Acting State and Local Activities.

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Frequency: One time. 825, Washington, DC 20002–4233 by classifications based on student Affected Public: State, local or Tribal regular mail. performances will be measured. Government; SEAs or LEAs. SUPPLEMENTARY INFORMATION: Section [FR Doc. 99–8082 Filed 3–31–99; 8:45 am] Reporting and Recordkeeping Hour 3506 of the Paperwork Reduction Act of BILLING CODE 4000±01±M Burden: 1995 (44 U.S.C. Chapter 35) requires Responses: 800 that the Office of Management and Burden Hours: 600. Budget (OMB) provide interested DEPARTMENT OF ENERGY Abstract: Professional Development Federal agencies and the public an early Program and to report on the progress of opportunity to comment on information Department of Energy Implementation professional development activities collection requests. OMB may amend or Plan for Recommendation 98±1 of the supported by the program, the effects of waive the requirement for public Defense Nuclear Facilities Safety the program participation on classroom consultation to the extent that public Board; Plan To Address and Resolve teaching, and the quality of program participation in the approval process Safety Issues Identified by Internal planning and coordination. Clearance is would defeat the purpose of the Independent Oversight information collection, violate State or sought for the National Profile, Teacher AGENCY: Department of Energy. Activity Survey, to be conducted in the Federal law, or substantially interfere ACTION: Spring of the 1998–99 school year. with any agency’s ability to perform its Notice. statutory obligations. The Executive Respondents will be teachers. SUMMARY: Director, National Assessment The Defense Nuclear [FR Doc. 99–8003 Filed 3–31–99; 8:45 am] Governing Board, publishes this notice Facilities Safety Board (DNFSB) BILLING CODE 4000±01±P containing proposed information published Recommendation 98–1, concerning the effectiveness of the collection requests prior to submission Department of Energy (DOE) process to of this request to OMB. The proposed DEPARTMENT OF EDUCATION address and resolve the environment, information collection contains the safety and health issues identified by following: (1) Type of review requested, National Assessment Governing internal independent oversight, on e.g., new, revision, extension, existing Board; Submission for OMB Review; October 6, 1998 (63 FR 53646). Under or reinstatement; (2) Title; (3) Summary Comment Request section 315(e) of the Atomic Energy Act of the collection; (4) Description of the of 1954, 42 U.S.C. 2286d(e), the DOE need for, and proposed use of, the AGENCY: National Assessment must transmit an implementation plan information; (5) Respondents and Governing Board, Education. for Recommendation 98–1 to the DNFSB frequency of collection; and (6) ACTION: Submission for OMB review; after acceptance of the Recommendation comment request. Reporting and/or Recordkeeping by the Secretary. The DOE’s burden. OMB invites public comment at implementation plan was transmitted to SUMMARY: The Executive Director, the address specified above. Copies of the DNFSB on March 10, 1999, and is National Assessment Governing Board the requests are available from Steven available for review in the DOE Public invites comments on the submission for Gorman at the address specified above. Reading Rooms. Roy Truby, OMB review as required by the ADDRESSES: Send comments, data, Paperwork Reduction Act of 1995. Executive Director, National Assessment views, or arguments concerning the Governing Board. DATES: Interested persons are invited to implementation plan to: U. S. submit comments on or before May 1, Type of Review: New. Department of Energy, 1000 1999. Title: Similarities Classification Independence Avenue, SW, ADDRESSES: Written comments should Validation Research Study for 1998 Washington, DC, 20585. be addressed to the Office of Civics National Assessment of FOR FURTHER INFORMATION CONTACT: Mr. Information and Regulatory Affairs, Educational Progress. Richard C. Crowe, Director, Safety Attention: Danny Werfel, Desk Officer, Frequency: Once. Management Implementation Team, Department of Education, Office of Affected Public: Individuals or U.S. Department of Energy, 1000 Management and Budget, 725 17th households. Independence Avenue, SW, Street, NW., Room 10235, New Reporting and Recordkeeping Hour Washington, D.C., 20585. Executive Office Building, Washington, Burden: Issued in Washington, DC, on March 25, DC 20503 or should be electronically Responses: 1,500. 1999. mailed to the internet address Burden Hours: 2,899. Mark B. Whitaker, Jr., [email protected]. Requests for Abstract: The student classification Departmental Representative to the Defense copies of the proposed information study involves teachers’ estimates of the Nuclear Facilities Safety Board. collection requests should be addressed academic ability of their students and of The Secretary of Energy, to Steven Gorman, National Assessment their students’ performance on the Washington, DC 20585 Governing Board, 800 North Capitol NAEP relative to each achievement Street, NW., Suite 825, Washington, DC level. Teachers will also classify March 10, 1999. 20002–4233 or should be electronically performance of ‘‘anonymous’’ students Hon. John T. Conway, mailed to Steven [email protected] or represented in assessment booklets. Chairman, Defense Nuclear Facilities Safety should be faxed to 202–275–6063. These estimates are made with respect Board, Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: to the assessment framework and Dear Mr. Chairman: We are pleased to Steven Gorman at 202–357–7502 by achievement levels descriptions. forward the enclosed Implementation Plan l (Plan) for Defense Nuclear Facilities Safety telephone, Steven [email protected] Teachers will not know how individual Board’s (Board) Recommendation 98–1, by electronic mail, or Steven Gorman, students performed on the assessment. Department of Energy Plan to Address and National Assessment Governing Board, The correspondence between Resolve Safety Issues Identified by Internal 800 North Capitol Street, NW., Suite classifications by teachers and Independent Oversight.

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This Plan addresses the Department’s need U.S.C. 8301 et seq.), provides that no Purchasing Entities: Avista Energy, for a clearly defined, systematic, and new baseload electric powerplant may Inc. comprehensive process to address and be constructed or operated without the In-Service Date: October 1, 2001. resolve safety issues identified by internal capability to use coal or another independent oversight. Specifically, the Issued in Washington, DC, March 26, 1999. Department is taking the following actions to alternate fuel as a primary energy Anthony J. Como, source. In order to meet the requirement address its needs: Manager, Electric Power Regulation, Office • We are establishing a disciplined process of coal capability, the owner or operator of Coal & Power Im/Ex, Office of Coal & and clarifying roles and responsibilities for of such facilities proposing to use Power Systems, Office of Fossil Energy. the identification of, and response to, safety natural gas or petroleum as its primary [FR Doc. 99–8060 Filed 3–31–99; 8:45 am] issues. energy source shall certify, pursuant to • We are establishing clearer direction on FUA section 201(d), to the Secretary of BILLING CODE 6450±01±P elevating any disputed issues for resolution Energy prior to construction, or prior to to the Office of the Secretary, if necessary. operation as a base load powerplant, • We are establishing a tracking and DEPARTMENT OF ENERGY reporting system to manage completion of that such powerplant has the capability corrective actions effectively. to use coal or another alternate fuel. Energy Information Administration The Plan directly supports implementation Such certification establishes of Integrated Safety Management and was compliance with section 201(a) as of the Agency Information Collection prepared by a cross-organizational team date filed with the Department of Activities: Proposed Collection; reporting directly to me. I have assigned Mr. Energy. The Secretary is required to Comment Request Richard Crowe, Director of the Safety publish a notice in the Federal Register AGENCY: Management Implementation Team, as my that a certification has been filed. The Energy Information Responsible Manager for executing this Plan. following owners/operators of the Administration, DOE. Mr. Crowe can be reached at (202) 586–1418. ACTION: Agency information collection We appreciate the advice and support proposed new baseload powerplants have filed a self-certification in activities: Proposed collection; comment provided by the Board and its staff during the request. development of this Plan. acccordance with section 201(d). Yours sincerely, Owner: Panda Guadalupe Power, L.P. SUMMARY: The Energy Information Bill Richardson. (C&E 99–3). Administration (EIA) is soliciting Enclosure. Operator: Panda Guadalupe Power, comments on the proposed extension to [FR Doc. 99–8059 Filed 3–31–99; 8:45 am] L.P. the forms listed below: BILLING CODE 6450±01±P Location: Guadalupe County, TX. Plant Configuration: Combined cycle. EIA–14, ‘‘Refiners’ Monthly Cost Capacity: 1,000 megawatts. Report;’’ EIA–182, ‘‘Domestic Crude Oil First DEPARTMENT OF ENERGY Fuel: Natural gas. Purchasing Entities: Unspecified Purchase Report;’’ [Docket No. FE C&E 99±3, C&E 99±4, C&E wholesale power purchasers. EIA–782A, ‘‘Refiners’/Gas Plant 99±5 and C&E 99±6, Certification NoticeÐ In-Service Date: December, 2000. Operators’ Monthly Petroleum 170] Product Sales Report;’’ Owner: Lake Road Generating EIA–782B, ‘‘Resellers’/Retailers’ Company, L.P. (C&E 99–4). Office of Fossil Energy; Notice of Monthly Petroleum Product Sales Operator: Lake Road Generating Filings of Coal Capability of Panda Report;’’ Company, L.P. Guadalupe Power, L.P., Lake Road EIA–782C, ‘‘Monthly Report of Generating Co., Sabine Cogen, L.P. Location: the Town of Killingly, CT. Plant Configuration: Combined cycle. Petroleum Products Sold Into States and Rathdrum Power, LLC, Powerplant for Consumption;’’ and Industrial Fuel Use Act Capacity: 792 megawatts. Fuel: Natural gas. EIA–821, ‘‘Annual Fuel Oil and AGENCY: Office of Fossil Energy, Purchasing Entities: Unspecified Kerosene Sales Report;’’ Department of Energy. wholesale power purchasers in New EIA–856, ‘‘Monthly Foreign Crude Oil ACTION: Notice of Filing. England. Acquisition Report;’’ In-Service Date: June, 2001. EIA–863, ‘‘Petroleum Product Sales SUMMARY: Panda Guadalupe Power, L.P., Identification Survey;’’ Owner: Sabine Cogen, L.P. (C&E 99– Lake Road Generating Company, L.P., EIA–877, ‘‘Winter Heating Fuels 5). Sabine Cogen, L.P. and Rathdrum Telephone Survey;’’ Operator: Air Liquide America Power, LLC have submitted coal Corporation (or an affiliate thereof). EIA–878, ‘‘Motor Gasoline Price capability self-certifications pursuant to Location: Orange County, TX. Survey,’’ and section 201 of the Powerplant and Plant Configuration: Combined cycle. EIA–888, ‘‘On-Highway Diesel Fuel Industrial Fuel Use Act of 1978, as Capacity: 100 megawatts. Price Survey;’’ amended. Fuel: Natural gas. DATES: Written comments must be ADDRESSES: Copies of self-certification Purchasing Entities: Bayer Chemical submitted on or before June 1, 1999. If filings are available for public Company, Entergy Gulf States, Inc. and you anticipate difficulty in submitting inspection, upon request, in the Office to wholesale power purchasers. comments within the 60 days, contact of Coal & Power Im/Ex, Fossil Energy, In-Service Date: November, 1999. the person identified below as soon as Room 4G–039, FE–27, Forrestal Owner: Rathdrum Power, LLC (C&E possible. Building, 1000 Independence Avenue, 99–6). ADDRESSES: Send comments to Jacob SW, Washington, DC 20585. Operator: Rathdrum Operating Bournazian, Energy Information FOR FURTHER INFORMATION CONTACT: Services, Inc. Administration, EI-42, Forrestal Ellen Russell at (202) 586–9624. Location: Rathdrum, Idaho. Building, U.S. Department of Energy, SUPPLEMENTARY INFORMATION: Title II of Plant Configuration: Combined cycle. Washington, DC 20585. Alternatively, the Powerplant and Industrial Fuel Use Capacity: 270 megawatts. Jacob Bournazian may be reached by Act of 1978 (FUA), as amended (42 Fuel: Natural gas. phone at (202) 586–1256, by e-mail

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[email protected], or by who are devoting significant resources E. Does any other Federal, State, or FAX (202) 586–4913. during 1999 to make computer changes local agency collect similar information? FOR FURTHER INFORMATION CONTACT: to their reporting systems for year 2000. If so, specify the agency, the data Requests for additional information or In addition, EIA is also incurring element(s), and the methods of copies of the forms and instructions computer system changes to prepare for collection. year 2000. should be directed to Jacob Bournazian As a Potential User at the addresses listed above. III. Request for Comments SUPPLEMENTARY INFORMATION: A. Is the information useful at the Prospective respondents and other levels of detail indicated on the form? I. Background B. For what purpose(s) would the II. Current Actions interested persons are invited to III. Request for Comments comment on the actions discussed in information be used? Be specific. item II. The following guidelines are C. Are there alternate sources for the I. Background provided to assist in the preparation of information and are they useful? If so, The Federal Energy Administration comments. Please indicate to which what are their deficiencies and/or Act of 1974 (Pub. L. 93–275, 15 U.S.C. form(s) your comments apply. strengths? 761 et seq.) and the Department of Comments submitted in response to Energy Organization Act (Pub. L. 95–91, General Issues this notice will be summarized and/or 42 U.S.C. 7101 et seq.) requires the A. Is the proposed collection of included in the request for OMB Energy Information Administration information necessary for the proper approval of the form. They also will (EIA) to carry out a centralized, performance of the functions of the become a matter of public record. comprehensive, and unified energy agency and does the information have Statutory Authority: Section 3506 (c)(2)(A) information program. This program practical utility? Practical utility is of the Paperwork Reduction Act of 1995 collects, evaluates, assembles, analyzes, defined as the actual usefulness of (Pub. L. No. 104–13, 44 U.S.C. Chapter 35). and disseminates information on energy information to or for an agency, taking Issued in Washington, DC, March 26, 1999. resource reserves, production, demand, into account its accuracy, adequacy, Renee H. Miller, technology, and related economic and reliability, timeliness, and the agency’s Acting Director, Statistics and Methods statistical information. This information ability to process the information it Group, Energy Information Administration. is used to assess the adequacy of energy collects. [FR Doc. 99–8058 Filed 3–31–99; 8:45 am] resources to meet near and longer term B. What enhancements can be made BILLING CODE 6450±01±P domestic demands. to the quality, utility, and clarity of the The EIA, as part of its effort to comply information to be collected? with the Paperwork Reduction Act of DEPARTMENT OF ENERGY 1995 (Pub. L. 104–13, 44 U.S.C. Chapter As a Potential Respondent Federal Energy Regulatory 35), provides the general public and A. Are the instructions and Commission other Federal agencies with definitions clear and sufficient? If not, opportunities to comment on collections which instructions require clarification? [Docket No. EG99±102±000] of energy information conducted by or B. Can information be submitted by in conjunction with the EIA. Any the due date? AEE 2, L.L.C.; Notice of Filing comments received help the EIA to prepare data requests that maximize the C. Public reporting burdens for these March 26, 1999. utility of the information collected, and collections are estimated to average per On March 22, 1999, AEE 2, L.L.C. to assess the impact of collection respondent: (AEE 2), c/o Mr. Henry Aszklar, Vice requirements on the public. Also, the EIA–14 = 1.6 hour; EIA–182 = 4.3 President, AES NY, L.L.C., 1001 North EIA will later seek approval by the hours; EIA–782A = 15.0 hours; EIA– 19th Street, Arlington, VA 22209, filed Office of Management and Budget 782B = 2.5 hours; EIA–782C = 2.1 hours; with the Federal Energy Regulatory (OMB) for the collections under section EIA–821 = 3.2 hours; EIA–856 = 6.1 Commission an application for 3507(h) of the Paperwork Reduction Act hours; EIA–863 = 1.0; EIA–877 = 0.1 determination of exempt wholesale of 1995. hour; EIA–878 = 0.05 hour; and EIA– generator status pursuant to Part 365 of The petroleum marketing survey 888 = 0.05. The estimated burden the Commission’s regulations. AEE 2 forms collect information needed for includes the total time, effort, or respectfully requests expedited action determining the supply and demand of financial resources expended to on this application by April 6, 1999. crude oil and refined petroleum generate, maintain, retain, disclose and AEE 2 is a Delaware limited liability products. These surveys provide a basic provide the information. Please company. AEE 2 intends to own, set of data pertaining to the structure, comment on (1) the accuracy of the operate, and maintain the generating efficiency, and behavior of petroleum agency’s estimate and (2) how the stations currently known as the markets. These data are published by agency could minimize the burden of Greenidge and Goudey stations, which the Energy Information Administration the collecting this information, are now owned by New York State in the Monthly Energy Review, Annual including the use of information Electric & Gas Corporation (‘‘NYSEG’’) Energy Review, Petroleum Marketing technology. and its affiliate NGE Generation, Inc. Monthly, Petroleum Marketing Annual, D. The agency estimates respondents (NGE). Electricity generated by the Weekly Petroleum Status Report, and will incur no additional costs for facilities will be sold at wholesale to the International Energy Outlook. reporting other than the hours required one or more power marketers, utilities, to complete the collection. What is the cooperatives, or other wholesalers. II. Current Actions estimated: (1) Total dollar amount Any person desiring to be heard EIA requests a one-year extension to annualized for capital and start-up concerning the application for exempt the existing survey forms to collect data costs; and (2) recurring annual costs of wholesale generator status should file a in calendar year 2000. EIA is requesting operation and maintenance, and motion to intervene or comments with a one-year extension to minimize the purchase of services associated with this the Federal Energy Regulatory cost and burden to survey respondents data collection? Commission, 888 First Street, NE,

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Washington, DC 20426, in accordance protestants parties to the proceedings. appropriate action to be taken, but will with Rules 211 and 214 of the Copies of this filing are on file with the not serve to make protestants parties to Commission’s Rules of Practice and Commission and are available for public the proceeding. Copies of this filing are Procedure (18 CFR 385.211 and inspection in the Public Reference on file with the Commission and are 385.214). The Commission will limit its Room. This filing may be viewed on the available for public inspection. This consideration of comments to those that web at http://www.ferc.fed.us/online/ filing may also be viewed on the web at concern the adequacy or accuracy of the rims.htm (call (202) 208–2222 for http://www.ferc.fed.us/online/rims.htm application. All such motions and assistance). (please call (202) 208–2222 for comments should be filed on or before Linwood A. Watson, Jr., assistance). April 2, 1999, and must be served on the Acting Secretary. Linwood A. Watson, Jr., applicant. Any person wishing to [FR Doc. 99–7981 Filed 3–31–99; 8:45 am] Acting Secretary. become a party must file a motion to BILLING CODE 6717±01±M [FR Doc. 99–7983 Filed 3–31–99; 8:45 am] intervene. Copies of this filing are on BILLING CODE 6717±01±M file with the Commission and are available for public inspection or on the DEPARTMENT OF ENERGY Internet at http://www.ferc.fed.us/ DEPARTMENT OF ENERGY online/rims.htm (please call (202) 208– Federal Energy Regulatory 2222 for assistance). Commission Federal Energy Regulatory Commission Linwood A. Watson, Jr., [Docket No. CP85±221±108] Acting Secretary. [Docket No. RP99±258±001] [FR Doc. 99–7980 Filed 3–31–99; 8:45 am] Frontier Gas Storage Company; Notice BILLING CODE 6717±01±M of Sale Pursuant to Settlement Midwestern Gas Transportation Agreement Company; Notice of Revised Cashout Report Refund Allocation Schedule March 26, 1999. DEPARTMENT OF ENERGY Take notice that on March 11, 1999, March 26, 1999. Federal Energy Regulatory Frontier Gas Storage Company Take notice that on March 12, 1999, Commission (Frontier), c/o Reid & Priest, Market Midwestern Gas Transmission Company Square, 701 Pennsylvania Ave., NW, (Midwestern) tendered for filing a [Docket No. TM99±1±22±005] Suite 800, Washington, DC 20004, in revised Appendix C detailing the compliance with provisions of the allocation of refunds associated with its CNG Transmission Corporation; Notice Commission’s February 13, 1985, Order annual report of cashout activity for the of Compliance Tariff Filing in Docket No. CP82–487–000, et al., September 1995 through August 1996 March 26, 1999. submitted and executed Service period. Take notice that on March 22, 1999, Agreement, dated March 11, 1999, The 1995–1996 Cashout Report filed CNG Transmission Corporation (CNG), under Rate Schedule LVS–1 providing March 3, 1999, in Docket No. RP99– tendered for filing as part of its FERC for the sale of all of Frontier’s remaining 258–000 reflects that Midwestern’s Gas Tariff, Second Revised Volume No. storage gas inventory, not to exceed cashout operations for the 1995–1996 1, the following tariff sheet, with an 6,850,000 MMBtu to WBI Production, period experienced a net gain of effective date of February 26, 1999: Inc. on an ‘‘in place’’ basis. The sales $33,741. Midwestern will refund this price of the gas was not disclosed. gain to its firm shippers within 30 days Fifth Revised Sheet No. 354 Under Subpart (b) of Ordering of the Commission’s acceptance of the CNG states that the purpose of this Paragraph (G) of the Commission’s cashout report through a demand filing is to comply with directives of the February 13, 1985, Order, Frontier is surcharge. Midwestern has submitted a Commission’s February 26, 1999 Order ‘‘authorized to consummate the revised Appendix C to the 1995–1996 on CNG’s October 1, 1998 proposed sale in place unless the Cashout Report, which details the Transportation Cost Rate Adjustment Commission issues an order within 20 allocation of refunds associated with the (TCRA) filing. Specifically, CNG has days after expiration of such notice cashout gain. The revisions to Appendix modified language on its enclosed tariff period either directing that the sale not C to the cashout report affect the sheet to reflect the Commission’s take place and setting it for hearing or allocation of refunds to Midwestern’s directive to reinstate language requiring permitting the sale to go forward and firm shippers but do not impact the total usage charge recovery of fuel costs in establishing other procedures for level of refunds to be credited. Section 16.5 of noted tariff sheet. resolving the matter. Deliveries of gas Midwestern states that a copy of the CNG states that copies of its letter of sold in place shall be made pursuant to report has been served upon affected transmittal and enclosures are being a schedule to be set forth in an exhibit customers, interested state commission, mailed to parties of record in the to the executed service agreement.’’ and all parties designated on the official captioned proceedings. Any person desiring to be heard or to service list. Any person desiring to protest said make a protest with reference to said Any person desiring to protest said filing should file a protest with the filing should, within 10 days of the filing should file a protest with the Federal Energy Regulatory Commission, publication of such notice in the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC Federal Register, file with the Federal 888 First Street, N.E., Washington, D.C. 20426, in accordance with Section Energy Regulatory Commission, 888 1st 20426, in accordance with Section 385.211 of the Commission’s Rules and Street NE, Washington, DC 20426, a 358.211 of the Commission’s Rules and Regulations. All such protests must be motion to intervene or protest in Regulations. All such protests must be filed as provided in Section 154.210 of accordance with the requirements of the filed on or before April 2, 1999. Protests the Commission’s Regulations. Protests Commission’s Rules of Practice and will be considered by the Commission will be considered by the Commission Procedures, 18 CFR 385.214 or 385.211. in determining the appropriate action to in determining the appropriate action to Protests will be considered by the be taken, but will not serve to make be taken, but will not serve to make Commission in determining the protestants parties to the proceedings.

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Copies of this filing are on file with the filed as provided in Section 154.210 of Section 2.55(a) of the Commission’s Commission and are available for public the Commission’s Regulations. Protests Regulations. The estimated total cost of inspection in the Public Reference will be considered by the Commission the proposed facilities is $28,143,423. Room. This filing may be viewed on the in determining the appropriate action to Tennessee states that the proposed web at http://www.ferc.fed.us/online/ be taken, but will not serve to make facilities will increase capacity on its rims.htm (call 202–208–2222 for protestants parties to the proceedings. Blackstone Lateral downstream of assistance). Copies of this filing are on file with the Compressor Station No. 266–A by Linwood A. Watson, Jr., Commission and are available for public 292,000 Dth/d, and will increase Acting Secretary. inspection in the Public Reference capacity on its 300 Line downstream of [FR Doc. 99–7993 Filed 3–31–99; 8:45 am] Room. This filing may be viewed on the Compressor Station No. 261 by 83,000 BILLING CODE 6717±01±M web at http://www.ferc.fed.us/online/ Dth/d. Tennessee further states that, as rims.htm (call 202–208–2222 for the result of an open-season held from assistance). February 12, 1998 through March 24, DEPARTMENT OF ENERGY Linwood A. Watson, Jr., 1998, Tennessee has entered into Acting Secretary. binding precedent agreements for firm Federal Energy Regulatory [FR Doc. 99–7992 Filed 3–31–99; 8:45 am] transportation service to be rendered Commission BILLING CODE 6717±01±M pursuant to Tennessee’s Rate Schedule [Docket No. RP98±310±003] FT–A for 90,000 Dth/d of capacity associated with deliveries on its Natural Gas Pipeline Company of DEPARTMENT OF ENERGY Blackstone Lateral and for 83,000 America; Notice of Compliance Filing Dth/d of capacity associated with Federal Energy Regulatory deliveries on its 300 Line. Tennessee March 26, 1999. Commission Take notice that on February 26, 1999, requests approval of the service Natural Gas Pipeline Company of [Docket No. CP99±262±000] agreements for the project which America (Natural) tendered for filing contain certain provisions which are Tennessee Gas Pipeline Company; different from those contained in certain tariff sheets to be part of its Notice of Application FERC Gas Tariff, Sixth Revised Volume Tennessee’s pro forma FT–A No. 1, to be effective August 1, 1998 and March 26, 1999. Agreement. January 1, 1999. Take notice that on March 17, 1999, Shippers were given the option of Natural states that the filing is Tennessee Gas Pipeline Company selecting negotiated rates of recourse submitted pursuant to the Commission’s (Tennessee), 1001 Louisiana, Houston, rates. Tennessee states that the order issued February 11, 1999 in Texas 77002, filed in Docket No. CP99– negotiated rates provide for fixed Docket Nos. RP98–310–001 and 002, 262–000 an application pursuant to reservation and commodity charges, for which approved tariff sheets that Section 7(c) of the Natural Gas Act the primary term of the shipper’s Natural filed on August 13, 1998 in (NGA) and Part 157 of the Federal transportation agreement, in the Docket No. RP98–310–001 (August 13th Energy Regulatory Commission’s amounts of $3.22 per Dth/month for the Filing) subject to Natural filing revised (Commission) Regulations, for a reservation charge, and, for the tariff sheets that clarify that Natural may certificate of public convenience and commodity charge, $0.0643 for the first not enter into transactions like Natural necessity authorizing Tennessee to five years and $0.0543 for the second described in its August 13th Filing construct, install and operate five years. The recourse rates are the under Natural’s discount rate authority. compression and certain minor facilities applicable maximum reservation and Additionally, Natural States that it has in order to provide additional firm commodity rates for transportation also flowed through these changes to transportation service to customers in service within Zone 6 under several corresponding tariff sheets filed Zone 6 of its pipeline system (referred Tennessee’s Rate Schedule FT–A. and approved in Docket Nos. RP98– to as Eastern Express Project 2000— Tennessee states that all shippers 145–000, RP99–176–000 and 001 to be Zone 6 Receipts), all as more fully set selected negotiated rates, and that effective August 1, 1998 and January 1, forth in the application which is on file revenues collected during the primary 1999. with the Commission and open to terms of the contracts will exceed the Natural requested any waivers which public inspection. This filing may be incremental cost-of-service for the may be required to permit the tendered viewed on the web at http:// project over a 10-year period. tariff sheets to become effective August www.ferc.fed.us/online/rims.htm (call Tennessee states that the proposed 1, 1998 and January 1, 1999, consistent 202–208–222 for assistance). project will enable gas supplies with the Commission’s orders issued Specifically, Tennessee proposes to: accessed by Portland Natural Gas July 30, 1998 and December 30, 1998 in (1) install an additional 6150 Transmission System and Maritimes & Docket Nos. RP98–310–000 and RP99– horsepower compressor at its Northeast Pipeline L.L.C. pipelines to be 176–000, respectively. Compressor Station No. 261 in Natural states that copies of the filing Hampden County, Massachusetts; (2) delivered to existing and new markets have been mailed to its customers, install an additional 7,170 horsepower in New England. Tennessee requests interested state regulatory agencies and compressor at its Compressor Station that the Commission grant the requested all parties set out on the Commission’s No. 266–A in Worcester County, authorizations by December 31, 1999, so official service list in Docket No. RP98– Massachusetts; and (3) add an 8–inch that Tennessee can place the project in 310. delivery tap to its existing Southern service by November 1, 2000. Any person desiring to protest this Connecticut-Milford delivery point on Any person desiring to be heard or filing should file a protest with the Tennessee’s 300 Line in New Haven making any protest with reference to Federal Energy Regulatory Commission, County, Connecticut. Tennessee also said application should on or before 888 First Street, N.W., Washington, D.C. proposes to construct and install certain April 16, 1999, file with the Federal 20426, in accordance with Section facilities, in Worcester and Middlesex Energy Regulatory Commission, 888 385.211 of the Commission’s Rules and Counties, Massachusetts and in Hartford First Street, NE, Washington, DC 20426, Regulations. All such protests must be County, Connecticut, pursuant to a motion to intervene or a protest in

VerDate 23-MAR-99 17:18 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm01 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15739 accordance with the requirements of the filed within the time required herein, if pipeline which will extend from the Commission’s Rules of Practice and the Commission on its own review of Meter Station to the Tap (Connecting Procedure (18 CFR 385.214 or 385.211) the matter finds that a grant of the Pipe). and the Regulations under the Natural certificate is required by the public It is indicated that the proposed Gas Act (18 CFR 157.10). All protests convenience and necessity. If a motion facilities will be used to deliver up to filed with the Commission will be for leave to intervene is timely filed, or 135,000 Mcf of natural gas per day to considered by it in determining the if the Commission on its own motion the Town of Weir. Texas Eastern appropriate action to be taken but will believes that a formal hearing is estimates it’s construction cost to be not serve to make the protestants parties required, further notice of such hearing approximately $263,631.00 and states to the proceeding. The Commission’s will be duly given. that the Town of Weir will reimburse rules require that protestors provide Under the procedure herein provided it’s cost. copies of their protests to the party or for, unless otherwise advised, it will be Texas Eastern indicates that the person to whom the protests are unnecessary for Tennessee to appear or transportation service will be rendered directed. Any person wishing to become be represented at the hearing. pursuant to Texas Eastern’s open access a party to a proceeding or to participate Linwood A. Watson, Jr. Rate Schedules included in Texas as a party in any hearing therein must Acing Secretary. Eastern’s F.E.R.C. Ga Tariff, Sixth file a motion to intervene in accordance [FR Doc. 99–7985 Filed 3–31–99; 8:45 am] Revised Volume No. 1. It is averred that the transportation service to be rendered with the Commission’s Rules. BILLING CODE 6717±01±M A person obtaining intervenor status through the delivery point proposed will be placed on the service list herein will be performed utilizing maintained by the Secretary of the DEPARTMENT OF ENERGY existing capacity on Texas Eastern’s Commission and will receive copies of system, and will have no effect on Texas all documents issued by the Federal Energy Regulatory Eastern’s peak day or annual deliveries. Commission, filed by the applicant, or Commission Texas Eastern submits that its proposals filed by all other intervenors. An will be accomplished without detriment [Docket No. CP99±270±000] intervenor can file for rehearing of any or disadvantages to Texas Eastern’s Commission order and can petition for Texas Eastern Transmission other customers. court review of any such order. Corporation; Notice of Request Under Any person or the Commission’s staff However, an intervenor must serve Blanket Authorization may, within 45 days after issuance of copies of comments or any other filing the instant notice by the Commission, it makes with the Commission to every March 26, 1999. file pursuant to Rule 214 of the other intervenor in the proceeding, as Take notice that on March 23, 1999, Commission’s Procedural Rules (18 CFR well as filing an original and 14 copies Texas Eastern Transmission Corporation 385.214) a motion to intervene or notice with the Commission. (Texas Eastern), 5400 Westheimer Court, of intervention and pursuant to Section A person does not have to intervene, Houston, Texas 77056–5310, filed in 157.205 of the Regulations under the however, in order to have comments Docket No. CP99–270–000 a request Natural Gas Act (18 CFR 157.205), a considered. A person, instead, may pursuant to Section 157.205 and protest to the request. If no protest is submit two copies of such comments to 157.211 of the Commission’s regulations filed within the time allowed therefore, the Secretary of the Commission. under the Natural Gas Act (18 CFR the proposed activity shall be deemed to Commenters will be placed on the 157.205 and 157.211). Texas Eastern be authorized effective the day after the Commission’s environmental mailing requests authorization to construct a time allowed for filing a protest. If a list, will receive copies of delivery point on Texas Eastern’s protest is filed and not withdrawn environmental documents, and will be existing 30-inch Line Nos. 10 and 25 in within 30 days after the time allowed able to participate in meetings Choctaw County, Mississippi, to make for filing a protest, the instant request associated with the Commission’s natural gas deliveries to the Town of shall be treated as an application for environmental review process. Weir (Town of Weir), a Mississippi authorization pursuant to Section 7 of Commenters will not be required to corporation and municipality. Texas the Natural Gas Act. serve copies of filed documents on all Eastern makes such request under its Linwood A. Watson, Jr., other parties. However, commenters blanket certificate issued in Docket No. Acting Secretary. will not receive copies of all documents CP82–535–000 pursuant to Section 7 of [FR Doc 99–7986 Filed 3–31–99; 8:45 am] filed by other parties or issued by the the Natural Gas Act, all as more fully set Commission, and will not have the right forth in the request on file with the BILLING CODE 6717±01±M to seek rehearing or appeal the Commission and open to public Commission’s final order to a Federal inspection. The filing may be viewed on DEPARTMENT OF ENERGY court. the web at http://www.ferc.fed.us/ The Commission will consider all online/rims.htm (call 202–208–2222 for Federal Energy Regulatory comments and concerns equally, assistance). Commission whether filed by commenters or those Texas Eastern proposes to construct requesting intervenor status. and install a 10-inch tap valve, a 10- [Docket Nos. CP99±61±000 and CP99±64± 000] Take further notice that, pursuant to inch check valve and a 10-inch the authority contained in and subject to insulating flange (Tap), and electronic Tristate Pipeline, L.L.C.; Notice of Site the jurisdiction conferred upon the gas measurement equipment (EGM), at Visit Federal Energy Regulatory Commission approximate Mile Post 32.04 in by Sections 7 and 15 of the NGA and the Choctow County, Mississippi. March 26, 1999. Commission’s Rules of Practice and It is stated that the Town of Weir will From April 19 to 22, 1999, the Office Procedure, a hearing will be held install, or cause to be installed a dual of Pipeline Regulation (OPR) staff will without further notice before the 10-inch meter run plus associated conduct an inspection of the route Commission or its designee on these piping (Meter Station), and proposed by TriState Pipeline, L.L.C. applications if no motion to intervene is approximately 50 feet of 10-inch (TriState) for its pipeline project. The

VerDate 23-MAR-99 17:03 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm01 PsN: 01APN1 15740 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices proposed route and route alternatives, The EA was written by staff in the Rutland, Vermont 05701, (802) 747– crossing portions of Illinois, Indiana, office of Hydropower Licensing, Federal 5707. and Michigan, will be inspected by Energy Regulatory Commission. Copies i. FERC Contact: Any questions on helicopter and automobile. of the EA can be viewed at the this notice should be addressed to Jack The current itinerary is to conduct a Commission’s Reference and Duckworth, E-mail address, ground and aerial inspection between Information Center, Room 2A, 888 First [email protected], or Joliet, Illinois, and Valparaiso, Indiana Street, N.E., Washington, D.C. 20426, or telephone (202) 219–2818. on April 19; a ground and aerial by calling (202) 208–1371. The DEA j. Deadline for comments, inspection between Valparaiso, Indiana may be viewed on the Web at recommendations, terms and and White Pigeon, Michigan and April www.ferc.fed.us/online/rims.htm. Call conditions, and prescriptions: May 26, 20; a ground and aerial inspection in (202) 208–2222 for assistance. 1999. Oakland County and Macomb County, Any comments should be filed within All documents (original and eight Michigan on April 21, and a ground 30 days from the date of this notice and copies) should be filed with: David P. inspection in Macomb County, should be addressed to Dave Boergers, Boergers, Secretary, Federal Energy Michigan on April 22. If weather Secretary, Federal Energy Regulatory Regulatory Commission, 888 First conditions preclude an overflight, the Commission, 888 First Street, N.E., Street, NE, Washington, DC 20426. inspection will be conducted by Washington, D.C. 20426. Please Affix The Commission’s Rules of Practice automobile only from a location to be ‘‘Coosa River Project Amendment of and Procedure require all intervenors determined. Representatives of TriState License, Project No. 2146–083‘‘ to all filing documents with the Commission will accompany the OPR staff. comments. For further information, to serve a copy of that document on All parties may attend, although those please contact Jim Haimes at (202) 219 each person whose name appears on the planing to attend must provide their 2780 official service list for the project. Further, if an intervenor files comments own transportation. Linwood A. Watson, Jr., For further information, please or documents with the Commission contact Paul McKee of the Acting Secretary. relating to the merits of an issue that Commission’s Office of External Affairs [FR Doc. 99–7987 Fild 3–31–99; 8:45 am] may affect the responsibilities of a at (202) 208–1088. BILLING CODE 6717±01±M particular resource agency, they must Linwood A. Watson, Jr., also serve a copy of the document on that resource agency. Acting Secretary. DEPARTMENT OF ENERGY [FR Doc. 99–7984 Filed 3–31–99; 8:45 am] k. Status of environmental analysis: This application has been accepted for BILLING CODE 6717±01±M Federal Energy Regulatory Commission filing and is ready for environmental analysis at this time. DEPARTMENT OF ENERGY Notice of Extension of Time To File l. Description of the Project: The Comments, Recommendations, Terms project consists of the following existing Federal Energy Regulatory and Conditions, and Prescriptions for facilities: (1) a 30-foot-high, 302.6-foot- Commission License Application long concrete gravity dam consisting of [Project No. 2146±083 Alabama] two spillway sections, a 150-ft-long west March 26, 1999. spillway section, topped with a 6-foot- Alabama Power Company; Notice of Take notice that the time limit for high hinged steel flashboard, and Availability of Draft Environmental filing comments, recommendations, abutted by a 20-foot-wide and 10-foot- Assessment terms and conditions, and prescriptions high Taintor gate, and a 116-foot-long for the following hydroelectric license east spillway section topped with an March 26, 1999. applicaiton has been extended from automatically inflated rubber weir; (2) a In accordance with the National March 26, 1999 to May 26, 1999. The 1.5-mile-long, 62-acre impoundment Environmental Policy act of 1969 and extension was requested by the Vermont with a normal water surface elevation of the Federal Energy Regulatory Department of Environmental 174.3 feet above mean sea level (msl); Commission’s (Commission’s) Conservation to continue pursuing (3) a powerhouse integral with the dam regulations, the Office of Hydropower consensus of all the parties on measures containing a single turbine generator Licensing has reviewed the application needed to protect the environment, and with an installed capacity of 3,000 for the proposed Amendment of License no party has objected to a 60-day kilowatts (kW); (4) transmission for the Coosa River Project, located in extension: facilities; and (5) appurtenant facilities. Talladega County, Alabama, and has a. Type of Application: New Major m. Locations of the Application: A prepared a Draft Environmental License. copy of the application is available for Assessment (DEA) for the proposed b. Project No.: 2731–020. inspection and reproduction at the action. c. Date Filed: May 27, 1998. Commission’s Public Reference Room, In the DEA, the Commission’s staff d. Applicant: Central Vermont Public located at 888 First Street, NE, Room has analyzed the potential Service Corporation. 2A, Washington, DC 20426, or by calling environmental impacts of The Utilities e. Name of Project: Weybridge Project. (202) 208–1371. The application may be Board of the City of Sylacauga, Alabama f. Location: On Otter Creek, at river viewed on the web at www.ferc.fed.us. (Board) constructing and operating a mile 19.5 from the confluence with Lake Call (202) 208–2222 for assistance. A raw water intake and pumping station Champlain, in Addison County, copy is also available for inspection and on Lay Reservoir. The staff has Vermont. There are no federal lands reproduction at the address shown in concluded that, given the mitigative located within the project area. item h. measures proposed by the Board, g. Filed Pursuant to: Fedral Power Act n. This notice also consists of the approval of the action would not 16 U.S.C. 791(a)–825(r). following standard paragraph: D10. constitute a major federal action h. Applicant Contact: Mr. John C. D10. Filing and Service of Responsive significantly affecting the quality of the Greenan, P.E., Central Vermont Public Documents—The application is ready human environment. Service Corporation, 77 Grove Street, for environmental analysis at this time,

VerDate 23-MAR-99 17:12 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm01 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15741 and the Commission is requesting DEPARTMENT OF ENERGY m. Individuals desiring to be included comments, reply comments, on the Commission’s mailing list should recommendations, terms and Federal Energy Regulatory so indicate by writing to the Secretary of conditions, and prescriptions. Commission the Commission. The Commission directs, pursuant to Notice of Surrender of License and n. This notice also consists of the section 4.34(b) of the Regulations (see Soliciting Comments, Motions To following standard paragraphs: B, C1, Order No. 533 issued May 8, 1991, 56 Intervene, and Protests D2. FR 23108, May 20, 1991) that all B. Comments, Protests, or Motions to March 26, 1999. comments, recommendations, terms and Intervene—Anyone may submit conditions and prescriptions concerning Take notice that the following comments, a protest, or a motion to the application be filed with the hydroelectric application has been filed intervene in accordance with the Commisison within 60 days from the with the Commission and is available requirements of Rules of Practice and issuance date of this notice. All reply for public inspection: Procedure, 18 CFR 385.210, .211, .214. comments must be filed with the a. Application Type: Surrender of In determining the appropriate action to Commisison within 105 days from the License. take, the Commission will consider all date of this notice. b. Project No: 2585–002. c. Date Filed: January 4, 1999. protests or other comments filed, but Anyone may obtain an extension of d. Applicant: Northbrook Carolina only those who file a motion to time for these deadlines from the Hydro, LLC. intervene in accordance with the Commission only upon a showing of e. Name of Project: Idols. Commission’s Rules may become a good cause or extraordinary f. Location: On the Yadkin River, in party to the proceeding. Any comments, circumstances in accordance with 18 Forsyth County, North Carolina near the protests, or motions to intervene must CFR 385.2008. City of Winston-Salem. The project does be received on or before the specified All filings must (1) bear in all capital not utilize federal or tribal lands. comment date for the particular letters the title ‘‘COMMENTS’’, ‘‘REPLY g. Filed Pursuant to: 18 CFR § 4.200. application. COMMENTS’’, RECOMMENDATIONS,’’ h. Applicant Contact: Mr. Mark C1. Filing and Service of Responsive ‘‘TERMS AND CONDITIONS,’’ or Sunquist, Northbrook Carolina Hydro, Documents—Any filings must bear in ‘‘PRESCRIPTIONS;’’ (2) set forth in the LLC, 225 W. Wacker Drive, Suite 2330, all capital letters the title heading the name of the applicant and Chicago, IL 60606, (312) 553–2136. ‘‘COMMENTS’’, the project number of the application to i. FERC Contact: Any questions on ‘‘RECOMMENDATIONS FOR TERMS which the filing responds; (3) furnish this notice should be addressed to Tom AND CONDITIONS’’, ‘‘PROTESTS’’, or the name, address, and telephone Papsidero at (202) 291–2715, or e-mail ‘‘MOTION TO INTERVENE’’, as number of the person submitting the address: [email protected]. applicable, and the Project Number of filing; and (4) otherwise comply with j. Deadline for filing comments and/ the particular application to which the or motions: May 6, 1999. the requirements of 18 CFR 385.2001 filing refers. Any of the above-named All documents (original and eight through 385.2005. All comments, documents must be filed by providing copies) should be filed with: David P. recommendations, terms and conditions the original and the number of copies Boergers, Secretary, Federal Energy or prescriptions must set forth their provided by the Commission’s Regulatory Commission, Mail Code: evidentiary basis and otherwise comply regulations to: The Secretary, Federal with the requirements of 18 CFR 4.34(b). DLC, HL–11.1, 888 First Street, NE., Washington, DC 20426. Energy Regulatory Commission, 888 Agencies may obtain copies of the First Street, NE., Washington, DC. application directly from the applicant. Please include the project number (2585–002) on any comments or 20426. A copy of any motion to Any of these documents must be filed intervene must also be served upon each by providing the original and the motions filed. k. Description of Surrender: representative of the Applicant number of copies required by the specified in the particular application. Commission’s regulations to: The Northbrook Carolina Hydro, LLC, a Secretary, Federal Energy Regulatory corporation, requests to surrender the D2. Agency Comments—Federal, Commission, 888 First Street, NE, license for this constructed project for state, and local agencies are invited to Washington, DC 20426. An additional economic reasons following a fire in the file comments on the described copy must be sent to Director, Division project powerhouse on February 8, application. A copy of the application of Project Review, Office of Hydropower 1998. may be obtained by agencies directly Licensing, Federal Energy Regulatory 1. Location of the application: A copy from the Applicant. If an agency does Commisison, at the above address. Each of the application is available for not file comments within the time filing must be accompanied by proof of inspection and reproduction at the specified for filing comments, it will be service on all persons listed on the Commission’s Public Reference Room, presumed to have no comments. One service list prepared by the Commisison located at 888 First Street, NE, Room copy of an agency’s comments must also in this proceeding, in accordance with 2A, Washington, DC. 20426, or by be sent to the Applicant’s 18 CFR 4.34(b), and 385.2010. calling (202) 208–1371. This filing may representatives. be viewed on http:www.ferc.fed.us/ Linwood A. Watson, Jr., Linwood A. Watson, Jr., online/rims.htm (call (202) 208–2222 for Acting Secretary. assistance). A copy is also available for Acting Secretary. [FR Doc. 99–7982 Filed 3–31–99; 8:45 am] inspection and reproduction at the [FR Doc. 99–7988 Filed 3–31–99; 8:45 am] BILLING CODE 6717±01±M address in item h above. BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY inspection and reproduction at the be sent to the Applicant’s Commission’s Public Reference Room, representatives. Federal Energy Regulatory located at 888 First Street NE, Room 2A, Linwood A. Watson, Jr., Commission Washington, DC, 20426, or by calling Acting Secretary. (202) 208–1371. This filing may be Notice of Application for Transfer of [FR Doc. 99–7989 Filed 3–31–99; 8:45 am] viewed on http://www.ferc.fed.us/ License and Soliciting Comments, BILLING CODE 6717±01±M Motions to Intervene, and Protest online/rims.htm (call (202) 208–2222 for assistance). A copy is also available for March 26, 1999. inspection and reproduction at the DEPARTMENT OF ENERGY Take notice that the following addresses in item h above. hydroelectric application has been filed Federal Energy Regulatory m. Individuals desiring to be included Commission with the Commission and is available on the Commission’s mailing list should for public inspection: so indicate by writing to the Secretary Notice of Application for Transfer of a. Application Type: Transfer of License and Soliciting Comments, License. of the Commission. b. Project No.: 9690–044. n. This notice also consists of the Motions to Intervene, and Protests c. Date Filed: March 17, 1999. following standard paragraphs: B, C1, March 26, 1999. d. Applicant: Orange and Rockland and D2. a. Application Type: Transfer of Utilities, Inc. and Southern Energy NY- B. Comments, Protests, or Motions to License. Gen, L.L.C. e. Name of Project: Rio Project. Intervene—Anyone may submit b. Project No.: 10481–022. f. Location: The project is located on comments, a protest, or a motion to c. Date Filed: March 17, 1999. the Mongaup River in Orange County, intervene in accordance with the d. Applicant: Orange and Rockland New York. The project does not utilize requirements of Rules of Practice and Utilities, Inc. and Southern Energy NY- federal or tribal lands. Procedure, 18 CFR 385.210, .211, .214. Gen, L.L.C. g. Filed Pursuant to: Federal Power In determining the appropriate action to e. Name of Project: Mongaup Falls Act, 16 U.S.C. §§ 791(a)–825(r). take, the Commission will consider all Project. f. Location: The project is located on h. Applicant Contact: Jane J. Quin, protests or other comments filed, but the Mongaup River in Sullivan County, Orange and Rockland Utilities, Inc., One only those who file a motion to New York. The project does not utilize Blue Hill Plaza, Pearl River, NY 10965, intervene in accordance with the (914)–577–2439 and Craig S. Lesser, federal or tribal lands. Commission’s Rules may become a g. Filed Pursuant to: Federal Power Southern Energy New York G.P., Inc., party to the proceeding. Any comments, 900 Ashwood Drive, Suite 500, Atlanta, Act, 16 U.S.C. § § 791 (a)-825(r). protests, or motions to intervene must h. Applicant Contact: Jane J. Quin, GA 20228, (770) 821–7838. be received on or before the specified i. FERC Contact: Any questions on Orange and Rockland Utilities, Inc., One comment date for the particular this notice should be addressed to Blue Hill Plaza, Pearl River, NY 10965, Regina Saizan at (202) 219–2673, or e- application. (914)–577–2439 and Craig S. Lesser, mail address [email protected]. C1. Filing and Service of Responsive Southern Energy New York G.P., Inc., j. Deadline for filing comments, Documents—Any filings must bear in 900 Ashwood Drive, Suite 500, Atlanta, motions to intervene, or protests: April all capital letters the title GA 30338, (770) 821–7838. 20, 1999. ‘‘COMMENTS’’, i. FERC Contact: Any questions on All documents (original and eight ‘‘RECOMMENDATIONS FOR TERMS this notice should be addressed to copies) should be filed with: David P. AND CONDITIONS’’, ‘‘PROTEST’’, or Regina Saizan at (202) 219–2673, or e- Boergers, Secretary, Federal Energy ‘‘MOTION TO INTERVENE’’, as mail address [email protected]. j. Deadline for filing comments, Regulatory Commission, Mail Code: applicable, and the Project Number of motions to intervene, or protests: April DLC, HL–11.1, 888 First Street, N.E., the particular application to which the 20, 1999 Washington, DC. 20426. filing refers. Any of the above-named Please include the Project Number All documents (original and eight documents must be filed by providing (9690–044) on any comments, protests, copies) should be filed with: David P. or motions filed. the original and the number of copies Boergers, Secretary, Federal Energy k. Description of Transfer: The provided by the Commission’s Regulatory Commission, Mail Code: transfer will facilitate the regulations to: The Secretary, Federal DLC, HL–11.1, 888 First Street, N.E., implementation of a series of asset sales Energy Regulatory Commission, 888 Washington, DC 20426. agreements pursuant to which Orange First Street, N.E., Washington, D.C. Please include the Project Number and Rockland Utilities, Inc. (ORU) 20426. A copy of any motion to (10481–022) on any comments, protests, intends to sell its electric generation intervene must also be served upon each or motions filed. assets to various subsidiaries of representative of the Applicant k. Description of Transfer: The Southern Energy, Inc. (including specified in the particular application. transfer will facilitiate the Southern Energy NY-Gen). ORU has D2. Agency Comments—Federal, implementation of a series of asset sales entered into these agreements in order state, and local agencies are invited to agreements pursuant to which Orange to comply with the policies of the New file comments on the described and Rockland Utilities, Inc. (ORU) intends to sell its electronic generation York Public Service Commission application. A copy of the application asserts to various subsidiaries of mandating, in part, ORU’s divestiture of may be obtained by agencies directly these assets in order to implement the Southern Energy, Inc. (includng from the Applicant. If an agency does State of New York’s desire to foster a Southern Energy NY-Gen). ORU has not file comments within the time competitive, regional electric generation entered into these agreements in order market through retail competition. specified for filing comments, it will be to comply with the policies of the New l. Locations of the Application: A presumed to have no comments. One York Public Service Commission copy of the application is available for copy of an agency’s comments must also mandating, in part, ORU’s divestiture of

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15743 these assets in order to implement the copy of an agency’s comments must also Southern Energy NY-Gen). ORU has State of New York’s desire to foster a be sent to the Applicant’s entered into these agreements in order competitive, regional electric generation representatives. to comply with the polices of the New market through retail competition. Linwood A. Watson, Jr., York Public Service Commission l. Locations of the Application: A Acting Secretary. mandating, in part, ORU’s divestiture of copy of the application is available for [FR Doc. 99–7990 Filed 3–31–99; 8:45 am] these assets in order to implement the inspection and reproduction at the State of New York’s desire to foster a BILLING CODE 6717±01±M Commission’s Public Reference Room, competitive, regional electric generation located at 888 First Street NE, Room 2A, market through retail competition. Washington, DC, 20426, or by calling DEPARTMENT OF ENERGY l. Locations of the Application: A (202) 208–1371. This filing may be copy of the application is available for viewed on http://www.ferc.fed.us/ Federal Energy Regulatory inspection and reproduction at the online/rims.htm (call (202) 208–2222 for Commission Commission’s Public Reference Room, assistance). A copy is also available for located at 888 First Street NE, Room 2A, inspection and reproduction at the Notice of Application for Transfer of Washington, DC 20426, or by calling addresses in item h above. License and Soliciting Comments, (202) 208–1371. This filing may be m. Individuals desiring to be included Motions To Intervene, and Protests viewed on http://www.ferc.fed.us/ on the Commission’s mailing list should online/rims.htm (call (202) 208–2222 for so indicate by writing to the Secretary March 26, 1999. assistance). A copy is also available for of the Commission. Take notice that the following inspection and reproduction at the n. This notice also consists of the hydroelectric application has been filed addresses in item h above. following standard paragraphs: B, C1, with the Commission and is available m. Individuals desiring to be included and D2. for public inspection: on the Commission’s mailing list should B. Comments, Protests, or Motions to a. Applicaton Type: Transfer of so indicate by writing to the Secretary Intervene—Anyone may submit License. of the Commission. comments, a protest, or a motion to b. Project No.: 10482–035. n. This notice also consists of the intervene in accordance with the c. Date Filed: March 17, 1999. following standard paragraphs: B, C1, requirements of Rules of Practice and d. Applicant: Orange and Rockland and D2. Procedure, 18 CFR 385.210, .211, .214. Utilities, Inc. and Southern Energy NY- B. Comments, Protests, or Motions to In determining the appropriate action to Gen, L.L.C. Intervene—Anyone may submit take, the Commission will consider all e. Name of Project: Swinging Bridge comments, a protest, or a motion to protests or other comments filed, but Project. intervene in accordance with the only those who file a motion to f. Location: The project is located on requirements of Rules of Practice and intervene in accordance with the the Mongaup River in Sullivan County, Procedure, 18 CFR 385.210, .211, and Commission’s Rules may become a New York. The project does not utilize .214. In determining the appropriate party to the proceeding. Any comments, federal or tribal lands. action to take, the Commission will protests, or motions to intervene must g. Filed Pursuant to: Federal Power consider all protests or other comments be received on or before the specified Act, 16 U.S.C. 791(a)–825(r). filed, but only those who file a motion comment date for the particular h. Applicant Contact: Jane J. Quin, to intervene in accordance with the application. Orange and Rockland Utilities, Inc., One Commission’s Rules may become a C1. Filing and Service of Responsive Blue Hill Plaza, Pearl River, NY 10965, party to the proceeding. Any comments, Documents—Any filings must bear in (914) 577–2439, and Craig S. Lesser, protests, or motions to intervene must all capital letters the title Southern Energy New York G.P., Inc., be received on or before the specified ‘‘COMMENTS’’, 900 Ashwood Drive, Suite 500, Atlanta, comment date for the particular ‘‘RECOMMENDATIONS FOR TERMS GA 30338, (770) 821–7838. application. AND CONDITIONS’’, ‘‘PROTEST’’, or i. FERC Contact: Any questions on C1. Filing and Service of Responsive ‘‘MOTIONS TO INTERVENE’’, as this notice should be addressed to Documents—Any filings must bear in applicable, and the Project Number of Regina Saizan at (202) 219–2673, or e- all capital letters the title the particular application to which the mail address [email protected]. ‘‘COMMENTS’’, filing refers. Any of the above-named j. Deadline for filing comments, ‘‘RECOMMENDATIONS FOR TERMS documents must be filed by providing motions to intervene, or protests: April AND CONDITIONS’’, ‘‘PROTEST’’, or the original and the number of copies 20, 1999. ‘‘MOTION TO INTERVENE’’, as provided by the Commission’s All documents (original and eight applicable, and the Project Number of regulations to: The Secretary, Federal copies) should be filed with: David P. the particular application to which the Energy Regulatory Commission, 888 Boergers, Secretary, Federal Energy filing refers. Any of the above-named First Street, N.E., Washington, D.C. Regulatory Commission, Mail Code: documents must be filed by providing 20426. A copy of any motion to DLC, HL–11.1, 888 First Street, N.E., the original and the number of copies intervene must also be served upon each Washington, DC 20426. provided by the Commission’s representative of the Applicant Please include the Project Number regulations to: The Secretary, Federal specified in the particular application. (10482–035) on any comments, protests, Energy Regulatory Commission, 888 D2. Agency Comments—Federal, or motions filed. First Street, N.E., Washington, D.C. state, and local agencies are invited to k. Description of Transfer: The 20526. A copy of any motion to file comments on the described transfer will facilitate the intervene must also be served upon each application. A copy of the application implementation of a series of asset sales representative of the Applicant may be obtained by agencies directly agreements pursuant to which Orange specified in the particular application. from the Applicant. If an agency does and Rockland Utilities, Inc. (ORU) D2. Agency Comments—Federal, not file comments within the time intends to sell its electric generation state, an local agencies are invited to file specified for filing comments, it will be assets to various subsidiaries of comments on the described application. presumed to have no comments. One Southern Energy, Inc. (including A copy of the application may be

VerDate 23-MAR-99 17:03 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm01 PsN: 01APN1 15744 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices obtained by agencies directly from the assistance). A copy is also available for DEPARTMENT OF ENERGY Applicant. If an agency does not file inspection and reproduction at the comments within the time specified or address in item h above. Western Area Power Administration filing comments, it will be presumed to m. Individuals desiring to be included Record of Decision and Floodplain have no comments. One copy of an on the Commission’s mailing list should agency’s comments must also be sent to Statement for the Interconnection of so indicate by writing to the Secretary the Applicant’s representatives. the Southpoint Power Plant With the of the Commission. Western Area Power Administration's Linwood A. Watson, Jr., n. This notice also consists of the Parker-Davis No. 1 and No. 2, 230- Acting Secretary, kilovolt Transmission Lines (DOE/EIS± [FR Doc. 99–7991 Filed 3–31–99; 8:45 am] following standard paragraphs: B, C1, D2. 0308) BILLING CODE 6717±01±M B. Comments, Protests, or Motions to AGENCY: Western Area Power Intervene—Anyone may submit Administration, DOE. DEPARTMENT OF ENERGY comments, a protest, or a motion to ACTION: Record of Decision. intervene in accordance with the Federal Energy Regulatory requirements of Rules of Practice and SUMMARY: Calpine Corporation (Calpine) Commission Procedure, 18 CFR 385.210, .211, .214. applied for transmission service from In determining the appropriate action to the Western Area Power Administration Notice of Surrender of Exemption and (Western) for the Southpoint Power take, the Commission will consider all Soliciting Comments, Motions To Plant Project. To accommodate the protests or other comments filed, but Intervene, and Protests request, Western proposed to upgrade only those who file a motion to March 26, 1999. its transmission system in order to intervene in accordance with the accommodate the incorporation of new Take notice that the following Commission’s Rules may become a generation into the system. This Record hydroelectric application has been filed party to the proceeding. Any comments, of Decision (ROD) and Statement of with the Commission and is available protests, or motions to intervene must Findings has been prepared in for public inspection: be received on or before the specified a. Application Type: Surrender of accordance with Council on comment date for the particular Environmental Quality regulations for Exemption. application. b. Project No.: 7108–001. implementing the National c. Date Filed: November 18, 1998. C1. Filing and Service of Responsive Environmental Policy Act (NEPA) (40 d. Applicant: Virginia Hydro, Inc. Documents—Any filings must bear in CFR parts 1500–1508) and Department e. Name of Project: Grove Mill. all capital letters the title of Energy (DOE) Procedures for f. Location: On the Middle River, in ‘‘COMMENTS’’, Implementing NEPA (10 CFR part 1021), Augusta County, Virginia. The project ‘‘RECOMMENDATIONS FOR TERMS and DOE’s Floodplain/Wetland Review does not utilize federal or tribal lands. AND CONDITIONS’’, ‘‘PROTEST’’, or Requirements (10 CFR 1022). Western’s g. Filed Pursuant to: 18 CFR 4.200. ‘‘MOTION TO INTERVENE’’, as decision for its action considered the h. Applicant Contact: Mr. John applicable, and the Project Number of environmental ramifications of the Southpoint Power Plant Project. Pollack, P.O. Box 265, Batesville, VA the particular application to which the Western has determined that no 22924, (804) 823–7330. filing refers. Any of the above-named i. FERC Contact: Any questions on significant environmental impacts will documents must be filed by providing result from construction, operation and this notice should be addressed to Tom the original and the number of copies Papsidero at (202) 219–2715, or e-mail maintenance of Calpine Corporation’s provided by the Commission’s Southpoint Power Plant, the two natural address: [email protected]. regulations to: The Secretary, Federal j. Deadline for filing comments and/ gas pipelines, or the approximately 7 Energy Regulatory Commission, 888 or motions: May 3, 1999. miles of high voltage transmission lines, First Street, NE., Washington, DC 20426. All documents (original and eight or from the upgrade of the Parker-Davis copies) should be filed with: David P. A copy of any motion to intervene must No. 1 230-kilovolt (kV) transmission Boergers, Secretary, Federal Energy also be served upon each representative line. Therefore, Western has decided to Regulatory Commission, Mail Code: of the Applicant specified in the provide an interconnection with the DLC, HL–11.1, 888 First Street, NE., particular application. plant and Western’s transmission Washington, DC 20426. D2. Agency Comments—Federal, system in west central Arizona. Please include the project number state, and local agencies are invited to However, Calpine has yet to obtain a (7108–001) on any comments or file comments on the described permit from the Bureau of Land motions filed. application. A copy of the application Management (BLM) for the construction k. Description of Surrender: Virginia may be obtained by agencies directly of the two natural gas pipelines. Hydro, Inc., a corporation, requests to from the Applicant. If an agency does Western will reconsider this decision if Calpine fails to obtain the permit from surrender the exemption for economic not file comments within the time the BLM. reasons as a result of hurricane damage specified for filing comments, it will be at the project. presumed to have no comments. One FOR FURTHER INFORMATION CONTACT: Mr. l. Locations of the application: A copy copy of an agency’s comments must also John Holt, Environment Manager, Desert of the application is available for Southwest Customer Service Region, be sent to the Applicant’s inspection and reproduction at the Western Area Power Administration, representatives. Commission’s Public Reference Room, P.O. Box 6457, Phoenix, AZ 85005, located at 888 First Street, NE., Room Linwood A. Watson, Jr. telephone (602) 352–2592, email 2A, Washington, DC 20426, or by calling Acting Secretary. [email protected]. Copies of the (202) 208–1371. This filing may be [FR Doc. 99–7994 Filed 3–31–99; 8:45 am] Environmental Impact Statement (EIS) viewed on http://www.ferc.fed.us/ BILLING CODE 6712±01±M and the Bureau of Indian Affairs ROD online/rims.htm (call (202) 208–2222 for are available from Ms. Amy Heuslein,

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Area Environmental Protection Officer, preferred alternative was selected, and Transmission Line in order to carry the Bureau of Indian Affairs, P.O. Box 10, concluded that no significant, additional load from the Southpoint Phoenix, AZ 85001. unmitigated impacts will occur. Power Plant. The upgrade will require SUPPLEMENTARY INFORMATION: Western The gas transmission system will the replacement of the existing based its decision on the information include two pipelines, one connected to conductor and the addition of up to 15 contained in the Bureau of Indian an El Paso Natural Gas pipeline and one new structures for that portion of the Affairs (BIA) Southpoint Power Plant to a Transwestern Gas Company line from the Topock Substation to the Project EIS (BIA EIS 98–25; Final dated pipeline. The second pipeline will Parker Dam Substation. These structures November 1998), the BLM’s Topock ensure reliability. The BLM, Lake will add support to the line where Substation Environmental Assessment Havasu Field Office, is the lead Federal additional ground clearance is required. (EA) 1997 and South Point Natural Gas agency for the gas pipeline. A draft EA The design of the new lines and the Pipeline draft EA. The Phoenix Area has been prepared for the grant of right- upgraded facilities is such that Office of the BIA prepared the of-way for the gas pipeline. A review of electrocutions of birds of prey will be Southpoint Power Plant Project EIS in the draft EA has shown that the pipeline minimized. will have no significant impacts. BLM’s considering the approval of a lease Description of Alternatives between Calpine and the Fort Mojave visual resource management The BIA evaluated three alternative Indian Tribe (Tribe) for the project site. requirements will be met, and impacts power plant sites. The environmentally Western was designated a cooperating to soils and geology will be moderate due to the erosion potential. There will preferred location was selected. The No agency for the Southpoint Power Plant be no long-term impacts to air quality. Action Alternative for the power plant Project EIS by the BIA on November 24, Biological resources are rare to was evaluated and found that it will not 1998. After an independent review of nonexistent in the project area, and the meet the needs of the Tribe. The natural the Final EIS, Western concluded that pipeline will not affect significant gas pipeline draft EA evaluated two its comments and suggestions have been cultural properties. The project will different routing locations and satisfied and adopted the BIA EIS for its impact floodplains but impacts will be identified the environmentally preferred participation in the Southpoint Power minor. Only one Federally protected route. The gas pipeline No Action Plant Project. However, following the species, the southwestern willow Alternative will not meet the need of preparation of the Final EIS and based flycatcher, has been documented in the providing natural gas to fuel the power on system studies conducted for the area; however, there is no habitat for plant. The Topock Substation EA, proposed interconnection, Western that species in the vicinity of the which is incorporated into the identified a need to upgrade its existing pipeline route. Southpoint Power Plant Project EIS by Parker-Davis No. 1 230-kV transmission The water transmission system will reference, evaluated two alternative line between the Topock Substation and consist of a pipeline, which will carry substation locations, two system the Parker Substation. To determine water from the Tribe’s existing pumping configurations, three routing whether a Supplemental EIS was platform on the Colorado River to the alternatives, and two access alternatives. required for the proposed upgrade, power plant site. The system will be In each case, Western selected the Western prepared a Supplement part of the Tribe’s central irrigation environmentally preferred alternative. Analysis (DOE/EIS–0308–SA–1) pumping complex. A backup system The No Action Alternative was not pursuant to 10 CFR part 1021. Based on consisting of two wells on site will be selected because it will not meet the the Supplement Analysis, Western used only if river water becomes needs defined in the Southpoint Power determined that no further NEPA temporarily unavailable. Process Plant Project EIS and the Supplement documentation is required for the wastewater will be handled separately Analysis. Nor will the No Action proposed upgrade. Therefore, Western from domestic wastewater. Domestic Alternative allow Western to meet its has decided to provide an wastewater will be collected and obligations defined by its own Open interconnection for the power plant trucked to the Tribe’s wastewater Access Transmission Tariff which was with Western’s Parker-Davis treatment plant. Process wastewater, the implemented to meet the intent of the transmission system in west-central waste stream created by operation of the Federal Energy Regulatory Commission Arizona and enter into construction power plant, will be discharged into a (FERC) order to open transmission line agreements with Calpine Corporation 30-acre evaporation pond located on the access (FERC Order Nos. 888 and 888– for new transmission lines described in bluffs above the proposed plant. A). the EIS. The electric transmission system The Southpoint Power Plant Project includes the Topock Substation, which Mitigation Measures EIS addresses the effects of constructing is being built by the Arizona Electric The BIA identified mitigation and operating a 540-megawatt, natural Power Cooperative. The Topock facility measures needed to reduce the impacts gas-fired, combined cycle, electrical includes the substation, two 69-kV of Southpoint Power Plant to less than generation station on the Fort Mojave transmission lines for local service, and significant levels. The specific measures Indian Reservation in Mojave County, two 230-kV transmission lines to tie into are discussed in the EIS on pages 229 to Arizona. Calpine proposes to lease the Western’s Parker-Davis No. 1 and No. 2, 231. In addition, mitigative measures site from the Fort Mojave Indian Tribe 230-kV Transmission Lines. The associated with the Topock Substation (Tribe) to build the project. The project Kingman Field Office of the BLM was EA are discussed on pages 3–3; 3–10; 3– will include the construction of a the lead Federal agency for the EA. The 14; 3–18; and Appendix A. Mitigative natural gas transmission system for BLM issued a finding of no significant measures are suggested in the draft EA supplying fuel to the plant site, a water impact for the substation project in for the natural gas pipeline in Appendix transmission system for cooling and on- 1997. Western will construct two 230- A. Each agency will be required to site use, and an electric transmission kV transmission lines to bring power monitor the project for compliance with system for delivering the power. The from the Southpoint Power Plant to the its own mitigation measures. Table 3.1– BIA ROD (March 1999) for the Topock Substation. 4 of Western’s Supplement Analysis Southpoint Power Plant Project Western will also be required to lists the standard mitigative measures indicated that the environmentally upgrade the existing Parker-Davis No. 1 that are part of every Western

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In existing access roads or public roads, re- [FR Doc. 99–8057 Filed 3–31–99; 8:45 am] exchange, the settling companies will contouring and reseeding disturbed BILLING CODE 6450±01±P receive a covenant not to sue from EPA areas, environmental awareness training relating to liability for the Site under for all construction and supervisory Sections 106 and 107(a) of CERCLA, 42 personnel, and mitigation of radio and ENVIRONMENTAL PROTECTION U.S.C. 9606 and 9607(a). television interference generated by AGENCY DATES: Comments must be provided on transmission lines. Mitigation for the or before May 3, 1999. [FRL±6318±4] desert tortoise is in Table 3.1–5 of the ADDRESSES: Comments should be Supplement Analysis. addressed to the U.S. Environmental Specific mitigation that applies to the Proposed Settlement Pursuant to Protection Agency, Office of Regional construction of the new lines and the Section 122(g) of the Comprehensive Counsel, New York/Caribbean upgrading of the existing lines is Environmental Response, Superfund Branch, 17th Floor, 290 identified in the Supplement Analysis. Compensation, and Liability Act, Broadway, New York, New York 10007– These measures include the following Regarding the Friedrichsohn's 1866, and should refer to: provisions: Cooperage, Inc. Superfund Site, 1. A desert tortoise mitigation plan Waterford, Saratoga County, NY ‘‘Friedrichsohn’s Cooperage, Inc. which will include compensation for Superfund Site, U.S. EPA Index No. II– AGENCY: Environmental Protection CERCLA–98–0210’’. For a copy of the unmitigated impacts; Agency. 2. Restriction of construction and settlement document, contact the routine maintenance activities along the ACTION: Notice of proposed individual listed below. transmission lines in bighorn sheep administrative settlement and FOR FURTHER INFORMATION CONTACT: lambing areas between January 1 and opportunity for public comment. Elizabeth Leilani Davis, Assistant June 30; Regional Counsel, New York/Caribbean SUMMARY: In accordance with Section 3. When existing conductors are Superfund Branch, Office of Regional 122(i) of the Comprehensive replaced, non-specular conductors will Counsel, U.S. Environmental Protection Environmental Response, be used; and Agency, 17th Floor, 290 Broadway, New 4. High-pressure sodium lights will be Compensation, and Liability Act of York, New York 10007. Telephone: turned on only when maintenance 1980, as amended (‘‘CERCLA’’), 42 (212) 637–3249. personnel are present. U.S.C. 9622(i), the U.S. Environmental Protection Agency (‘‘EPA’’), Region II, Dated: March 9, 1999. Floodplain/Wetlands Statement of announces a proposed administrative de William J. Muszynski, Findings minimis settlement pursuant to Section Acting Regional Administrator, Region II. Construction of the Southpoint Power 122(g)(4) of CERCLA, 42 U.S.C. [FR Doc. 99–8085 Filed 3–31–99; 8:45 am] Plant will result in substantial alteration 9622(g)(4), relating to the BILLING CODE 6560±50±P to the natural drainage patterns onsite. Friedrichsohn’s Cooperage, Inc. However, no significant impacts to off- Superfund Site (‘‘Site’’), located at 153– site drainage patterns or stormwater 155 Saratoga Avenue in the Town of ENVIRONMENTAL PROTECTION volumes will result from the Waterford, Saratoga County, New York. AGENCY This notice is being published pursuant construction of the plant or the [PB±402404±WV; FRL±6066±6] associated facilities. The existing to Section 122(i) of CERCLA to inform volume of stormwater flows, prior to the public of the proposed settlement Lead-Based Paint Activities in Target construction of the plant, will be and give the public the opportunity to Housing and Child-Occupied Facilities; retained on site in constructed basins to comment. The State of West Virginia's minimize sheet flows. The proposed settlement, between Authorization Application Only minor impacts from constructing EPA and Mohawk Paper Mills, Inc., the gas pipeline are anticipated to the Reliable Motor Parts Co., Monsey AGENCY: Environmental Protection floodplain of the unnamed wash in the Products Co., and American Chemical Agency (EPA). southwest corner of Section 9, and Equipment Co., Inc. ACTION: Notice; request for comments Township 17 North, Range 21 West. The (‘‘Respondents’’), has been and opportunity for public hearing. ground surface will remain relatively memorialized in an Administrative unchanged from pre-development Order on Consent (Index Number II– SUMMARY: On December 17, 1998, the conditions. CERCLA–98–0210). This Agreement State of West Virginia submitted an The electric transmission system will become effective after the close of application for EPA approval to avoids floodplains to the extent the public comment period, unless administer and enforce training and practical. The Topock Substation and comments received disclose facts or certification requirements, training associated lines are not located in considerations which indicate the program accreditation requirements, designated floodplains. The existing Agreement is inappropriate, improper, and work practice standards for lead- Parker-Davis No. 1 230-kV transmission or inadequate, and EPA, in accordance based paint activities in target housing line crosses some ephemeral washes, with Section 122(i)(3) of CERCLA, and child-occupied facilities under but few transmission structures were modifies or withdraws its consent to the section 402 of the Toxic Substances placed in the floodplains. Agreement. Under the settlement, Control Act (TSCA). This notice No wetlands or waters of the United Respondents will be obligated to make announces the receipt of West Virginia’s States will be affected by the proposed payment of $37,259.43 to the Hazardous application, provides a 45–day public action. The proposed facilities will Substance Superfund in reimbursement comment period, and provides an conform to all Tribal, State, and local of EPA response costs relating to the opportunity to request a public hearing floodplain protection standards. Site. This payment is based on on the application.

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DATES: Comments on the authorization authorization. Pursuant to section activities to inform the public of the application must be received on or 404(h) of TSCA, EPA is to establish the dangers of lead poisoning. before May 17, 1999. Public hearing Federal program in any State or Tribal The Lead Program has received requests must be received on or before Nation without its own authorized Federal funding for the past 4 years. May 3, 1999. program in place by August 31, 1998. During this time, the program has ADDRESSES: Submit all written States and Tribes that choose to apply conducted or coordinated over 230 comments and/or requests for a public for program authorization must submit environmental lead assessments in hearing identified by docket control a complete application to the childhood lead poisoning cases. The number ‘‘PB–402404–WV’’ (in appropriate Regional EPA Office for Program sponsored creation of a Lead duplicate) to: Environmental Protection review. Those applications will be Advisory Committee to assist in drafting Agency, Region III, Waste and reviewed by EPA within 180 days of proposed legislation to meet Federal Chemicals Management Division, receipt of the complete application. To mandates. The Program continues to Toxics Programs and Enforcement receive EPA approval, a State or Tribe provide lead hazard awareness materials Branch (3WC33), 1650 Arch St., must demonstrate that its program is at and technical assistance to local and Philadelphia, PA 19103–2029. least as protective of human health and State agencies and the public. Beginning in January 1996, and also Comments, data, and requests for a the environment as the Federal program, in January 1997, the Bureau for Public public hearing may also be submitted and provides for adequate enforcement Health submitted proposed lead electronically to: (section 404(b) of TSCA, 15 U.S.C. legislation for consideration by the [email protected]. Follow the 2684(b)). EPA’s regulations (40 CFR part Legislature. The proposed legislation instructions under Unit IV. of this 745, subpart Q) provide the detailed requirements a State or Tribal program would amend West Virginia’s Health document. No information claimed to be must meet in order to obtain EPA Code Chapter 16 by adding a new Confidential Business Information (CBI) approval. statute, Article 35, ‘‘Lead Abatement should be submitted through e-mail. A State may choose to certify that its Act.’’ It was not until January 1998, that FOR FURTHER INFORMATION CONTACT: lead-based paint activities program the Legislature acted upon the proposed Artencia R. Johnson (3WC33), Waste meets the requirements for EPA legislation. The bill passed on March 14, and Chemicals Management Division, approval by submitting a letter signed 1998, and became effective June 15, Environmental Protection Agency, by the Governor or Attorney General 1998. Subsequent emergency-filed rules Region III, 1650 Arch St., Philadelphia, stating that the program meets the were filed with the West Virginia PA 19103–2029, telephone: (215) 814– requirements of section 404(b) of TSCA. Secretary of State on June 16, 1998. 5754; e-mail address: Upon submission of such certification West Virginia Code 16-35 requires [email protected]. letter, the program is deemed lead abatement professionals SUPPLEMENTARY INFORMATION: authorized. This authorization becomes conducting lead abatement in child- I. Background ineffective, however, if EPA disapproves occupied buildings and target housing the application. to be properly trained by an accredited On October 28, 1992, the Housing and Pursuant to section 404(b) of TSCA, training provider, certified by a State Community Development Act of 1992, EPA provides notice and an opportunity accredited examiner and licensed by the Pub. L. 102–550, became law. Title X of for a public hearing on a State or Tribal Bureau for Public Health. The licensing that statute was the Residential Lead- program application before authorizing categories consist of lead abatement Based Paint Hazard Reduction Act of the program. Therefore, by this notice contractor, worker, supervisor, 1992. That Act amended TSCA (15 EPA is soliciting public comment on inspector, risk assessor and project U.S.C. 2601 et seq.) by adding Title IV whether West Virginia’s application designer. (15 U.S.C. 2681–2692), entitled ‘‘Lead meets the requirements for EPA Lead abatement projects are restricted Exposure Reduction.’’ approval. This notice also provides an to target housing (pre-1978) or Section 402 of TSCA authorizes and opportunity to request a public hearing residences that have known lead directs EPA to promulgate final on the application. If a hearing is hazards. Notification of abatement regulations governing lead-based paint requested and granted, EPA will issue a projects and elevated blood lead levels activities in target housing, public and Federal Register notice announcing the are required. Home owners removing commercial buildings, bridges, and date, time, and place of the hearing. and handling lead on their own other structures. Those regulations are EPA’s final decision on the application premises are exempt from notification to ensure that individuals engaged in will be published in the Federal and licensing requirements. such activities are properly trained, that Register. The Commissioner of the Bureau for training programs are accredited, and Public Health will administer and that individuals engaged in these II. State Program Description Summary enforce WV Code 16-35 and WV Title 64 activities are certified and follow The following summary of the State of Series 45, which includes: issuing documented work practice standards. West Virginia’s proposed program has licenses; assessing fees and fines; Under section 404 of TSCA, a State may been provided by the applicant: approving training providers; approving seek authorization from EPA to In September 1994, the Radiation, third party examiners; work practices; administer and enforce its own lead- Toxics and Indoor Air Division created project clearance levels; and ordering based paint activities program. a Lead Program to provide reduction or abatement of lead hazards. On August 29, 1996 (61 FR 45777) environmental lead assessments in In addition to the detailing of acceptable (FRL–5389–9), EPA promulgated final childhood lead poisoning cases, to: and non-acceptable abatement project TSCA section 402/404 regulations prepare grant submittals for Federal work practices, the rules also governing lead-based paint activities in monies to support the program; incorporate by reference HUD and target housing and child-occupied promulgate legislation and regulations OSHA work practices and clearance facilities (a subset of public buildings). to meet Federal mandates; provide levels. Those regulations are codified at 40 CFR technical assistance to local and State The proposed statute establishes a part 745, and allow both States and agencies; and conduct lead hazard special revenue account for Indian Tribes to apply for program awareness and education outreach implementing the article, allows for

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.148 pfrm03 PsN: 01APN1 15748 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices reciprocity with other States with authorization application, and all does not require review or approval by similar programs as stringent as West comments received on the application the Office of Management and Budget Virginia’s, and provides for enforcement are available for inspection in the (OMB) under the Paperwork Reduction with civil penalties from $250 to $5,000. Region III office, from 8 a.m. to 4:30 Act (44 U.S.C. 3501 et seq.). The statute also creates a misdemeanor p.m., Monday through Friday, excluding B. Executive Order 12875 offense for violations, and upon legal holidays. The docket is located at conviction, a fine of not less than $250 the Environmental Protection Agency, Under Executive Order 12875, nor more than $50,000 and/or Region III, Waste and Chemicals entitled, Enhancing Intergovernmental confinement in the county or regional Management Division, Toxics Programs Partnerships (58 FR 58093, October 28, jail for not more than 1 year may be and Enforcement Branch (3WC33), 1650 1993), EPA may not issue a regulation imposed. Fines imposed must be paid Arch St., Philadelphia, PA. that is not required by statute and that by violators within 30 days of receipt of Electronic comments can be sent creates a mandate upon a State, local or notification, failure to do so constitutes directly to EPA at: Tribal government, unless the Federal a separate violation. When non- [email protected] government provides the funds compliance with this article or Electronic comments must be necessary to pay the direct compliance promulgated rules occurs at abatement submitted as an ASCII file avoiding the costs incurred by those governments. If projects, a Notice of Violation will be use of special characters and any form the mandate is unfunded, EPA must issued directing compliance with the of encryption. Comments and data will provide to OMB a description of the law. When warranted, Cease and Desist also be accepted on disks in extent of EPA’s prior consultation with Orders may be issued on lead abatement WordPerfect 5.1/6.1 or ASCII file representatives of affected State, local, projects, which if violated could result format. All comments and data in and Tribal governments, the nature of in civil penalties of not less than electronic form must be identified by their concerns, copies of any written $10,000 nor more than $25,000 for the docket control number ‘‘PB– communications from the governments, initial violations and not less than 402404–WV.’’ Electronic comments on and a statement supporting the need to $25,000 nor more than $50,000 for this document may be filed online at issue the regulation. In addition, subsequent violations. many Federal Depository Libraries. Executive Order 12875 requires EPA to The Bureau for Public Health is Information claimed as CBI should not develop an effective process permitting committed to assuring that the Federal be submitted electronically. elected officials and other mandates are met through effective Commenters are encouraged to representatives of State, local, and implementation of WV Code 16-35 and structure their comments so as not to Tribal governments ‘‘to provide Title 64 Series 45, and through contain information for which CBI meaningful and timely input in the implementation of a mandated public claims would be made. However, any development of regulatory proposals awareness and education program. The information claimed as CBI must be containing significant mandates.’’ necessary infrastructure is in place at marked ‘‘confidential,’’ ‘‘CBI,’’ or with Today’s action does not create an the local and State level to implement some other appropriate designation, and unfunded Federal mandate on State, an EPA-approved program for the a commenter submitting such local, or Tribal governments. This action licensing and certification of lead information must also prepare a does not impose any enforceable duties abatement professionals. The Bureau for nonconfidential version (in duplicate) on these entities. Accordingly, the Public Health has contracted with local that can be placed in the public record. requirements of section 1(a) of health agencies to provide Any information so marked will be Executive Order 12875 do not apply to environmental lead assessments, public handled in accordance with the this action. outreach and education at the local level procedures contained in 40 CFR part 2. C. Executive Order 13084 for the past 2 years. Also, it is felt that Comments and information not claimed the successful operation of the asbestos Under Executive Order 13084, as CBI at the time of submission will be entitled, Consultation and Coordination certification and licensure program, placed in the public record. since 1989, has prepared the Bureau to with Indian Tribal Governments (63 FR assume the responsibility of operating V. Regulatory Assessment 27655, May 19, 1998), EPA may not another environmental certification and Requirements issue a regulation that is not required by licensure program. statute and that significantly or A. Certain Acts and Executive Orders uniquely effects the communities of III. Federal Overfiling EPA’s actions on State or Tribal lead- Indian tribal governments, and that TSCA section 404(b) makes it based paint activities program imposes substantial direct compliance unlawful for any person to violate, or applications are informal adjudications, costs on those communities, unless the fail, or refuse to comply with, any not rules. Therefore, the requirements of Federal government provides the funds requirement of an approved State or the Regulatory Flexibility Act (RFA, 5 necessary to pay the direct compliance Tribal program. Therefore, EPA reserves U.S.C. 601 et seq.), Executive Order costs incurred by the Tribal the right to exercise its enforcement 12866 (Regulatory Planning and Review, governments. If the mandate is authority under TSCA against a 58 FR 51735, October 4, 1993), and unfunded, EPA must provide OMB, in violation of, or a failure or refusal to Executive Order 13045 (Protection of a separately identified section of the comply with, any requirement of an Children from Environmental Health preamble to the rule, a description of authorized State or Tribal program. Risks and Safety Risks, 62 FR 1985, the extent of EPA’s prior consultation April 23, 1997), do not apply to this with representatives of affected Tribal IV. Public Record and Electronic action. This action does not contain any governments, a summary of the nature Submissions Federal mandates, and therefore is not of their concerns, and a statement The official record for this action, as subject to the requirements of the supporting the need to issue the well as the public version, has been Unfunded Mandates Reform Act (2 regulation. In addition, Executive Order established under docket control U.S.C.1531–1538). In addition, this 13084 requires EPA to develop an number ‘‘PB–402404–WV.’’ Copies of action does not contain any information effective process permitting elected and this notice, the State of West Virginia’s collection requirements and therefore other representatives of Indian tribal

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.148 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15749 governments ‘‘to provide meaningful for a PUBLIC HEARING, pursuant to 40 with section 403(c) of the Clean Water and timely input in the development of CFR 124.12, must be transmitted or Act an NPDES permit may be issued. regulatory policies on matters that delivered in writing to Mike Lee, at the III. Effluent limitations significantly or uniquely affect their address shown above, within 30 days of communities.’’ the date of this notice. An extension of Discharges from desalination Today’s action does not significantly the 30 day comment period may be processes are not subject to any effective or uniquely affect the communities of granted if the request for an extension EPA effluent limitations guidelines. Indian tribal governments. This action adequately explains why more time is Therefore, permit requirements were does not involve or impose required to prepare comments. established using Best Professional requirements that affect Indian Tribes. A final decision to set the conditions Judgment (BPJ) and specific water Accordingly, the requirements of and to issue the permit, or to deny the quality standards in order to ensure section 3(b) of Executive Order 13084 permit, shall be made after all protection of the beneficial uses of the do not apply to this action. comments have been considered: Notice receiving waters. Authority: 15 U.S.C. 2682, 2684. of the final decisions shall be sent to A. pH List of Subjects each person who has transmitted or delivered written comments or The pH is limited in the permit Environmental protection, Hazardous requested notice of the final permit between 6.5 and 8.6 standard units, substances, Lead, Reporting and decisions. The decisions will become based on water quality standards for recordkeeping requirements. effective 30 days from the date of Class AA waters. According to literature Dated: March 23, 1999. issuance unless: submitted by an applicant, the RO units W. Michael McCabe, 1. A later effective date is specified in are routinely cleaned by the addition of certain chemicals in order to raise and Regional Administrator, Region III. the decisions; or 2. An evidentiary hearing is requested lower the pH from 2 to 12. [FR Doc. 99–8087 Filed 3–31–99; 8:45 am] pursuant to 40 CFR 124.74; or B. Formaldehyde BILLING CODE 6560±50±F 3. There are no comments requesting Some permit applications indicates a change to the PROPOSED PERMIT, in that formalin (formaldehyde 37%) will which case the final decisions shall ENVIRONMENTAL PROTECTION be used for cleaning the R/O unit. become effective immediately upon AGENCY Formaldehyde is a carcinogen, and its issuance. [FRL±6313±6] discharge into waters of the U.S. is SUPPLEMENTARY INFORMATION: prohibited. Proposed National Pollutant Discharge I. Description of Facilities C. Sodium Hexametaphosphate Elimination System (NPDES) General There are approximately eight hotels Permit for Reverse Osmosis Some permit applications indicate in Saipan at this time that discharge or Desalinization Facilities in Saipan, that Sodium Hexametaphosphate will intend to discharge wastewater from a NPDES # MPG450000 also be used in the process. Data reverse osmosis water treatment unit(s) searches for toxicity of Sodium AGENCY: Environmental Protection into waters of the U.S. Each discharges Hexametaphosphate performed on the Agency (EPA). less than 0.5 MGD and into receiving Hazardous Substances Data Base suggest ACTION: Notice of proposed NPDES water named Saipan Lagoon, either that ‘‘metaphosphates are toxic probably General Permit for Reverse Osmosis directly, or through a storm water because of their excess alkalinity rather Desalinization Facilities in Saipan. conveyance channel. than from simple NA excess.’’ II. Applicable Water Quality Standards (Venugopal, B. and T.D. Luckey, Metal SUMMARY: The Reverse Osmosis units Toxicity in Mammals, New York, are designed to remove dissolved solids Water Quality Standards for the Plenum Press, 1978, pg. 11). Wastewater from the water in order to provide Commonwealth of the Northern Mariana with high alkalinity should have no potable water to the hotels. The source Islands were adopted on January 20, adverse effect once mixed with seawater water may be brackish groundwater or 1997. The standards classify Garapan unless the pH is very high. For this seawater. The waste stream contains lagoon as a Class AA marine water. reason, monitoring for pH is required concentrated levels of total dissolved Under the CNMI Water Quality and a limit for pH is in the permit. solids (TDS). Periodically, the filters are Standards, ‘‘It is the objective of this Furthermore, a limit for total cleaned by backwashing or by adding class that these waters remain in their phosphorous is included, based on the chemicals to raise and lower the pH natural pristine state as nearly as Saipan Water Quality Standards. (from 2 to 12). possible with an absolute minimum of Due to the similarities between the pollution or alteration of water quality D. TDS discharges, a general permit is being from any human-caused source or TDS testing is required in order to proposed to cover all current and future actions. To the extent practicable, the insure that the water quality standard of discharges from hotel RO units meeting wilderness character of such areas shall ‘‘no permanent change in isohaline certain criteria (see permit). be protected. No zone of mixing will be patterns of the receiving water’’ is met. PUBLIC COMMENT: If you need additional permitted.’’ This data may be used for future information, you may contact Mike Lee Discharge in compliance with this modeling studies. There is no limit set between the hours of 9:00 a.m. until NPDES permit should ensure at this time. Typically, discharges are 4:00 p.m. by calling (415) 744–1484 or achievement of all applicable Water around 50,000 mg/l. by writing to: CWA Standards and Quality Standards. These Standards are Permits Office, Attn: Mike Lee (CMD–1), designed to prevent degradation of F. Total Nitrogen, Sulfide 75 Hawthorne Street, San Francisco, CA water quality. Therefore, compliance (Undissociated), Ammonia (Un-ionized) 94105–3901. with this NPDES permit should prevent Data from existing reverse osmosis All comments upon or objections to any ‘‘unreasonable degradation’’ of the desalinization plants in Saipan indicate the PROPOSED PERMIT and requests marine environment, and in accordance exceedances of the water quality

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15750 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices standards for these three pollutants. VIII. Economic Impact (Executive also not subject to such a requirement Limits will therefore be included in the Order 12866) under the Clean Water Act (CWA). permit. Under Executive Order 12866 (58 FR While EPA publishes a notice to solicit public comment on draft general G. Turbidity 51735 (October 4, 1993)), the Agency permits, it does so pursuant to the CWA The limit for turbidity, <2 NTU, is must determine whether the regulatory action is ‘‘significant’’ and therefore section 402(a) requirement to provide derived from CNMI water quality ‘‘an opportunity for a hearing.’’ Thus, standards. subject to OMB review and the requirements of the Executive Order. NPDES general permits are not ‘‘rules’’ for RFA or UMRA purposes. H. Ammonia The Order defines ‘‘significant EPA has determined that the regulatory action’’ as one that is likely The limit for un-ionized ammonia, .02 proposed general permit for Saipan does to result in a rule that may have an mg/l, is derived from CNMI water not contain a Federal requirement that annual effect on the economy of $100 quality standards. may result in expenditures of $100 million or more or adversely affect in a million or more for State, local and I. Priority Pollutant Scan material way the economy, a sector of tribal governments, in the aggregate, or If the source water is contaminated, the economy, productivity, competition, the private sector in any one year. the concentrated waste water will likely jobs, the environment, public health or The Agency also believes that the be even more so. For this reason, a safety, or State, local, or tribal proposed general permit will not priority pollutant scan of the wastewater governments or communities; create a significantly nor uniquely affect small is required within the first six months serious inconsistency or otherwise governments. For UMRA purposes, of obtaining general permit coverage interfere with an action taken or ‘‘small governments’’ is defined by and once every time the location of the planned by another agency; materially reference to the definition of ‘‘small source water changes. alter the budgetary impact of governmental jurisdiction’’ under the J. Whole Effluent Toxicity Testing entitlements, grants, user fees, or loan RFA. (See UMRA section 102(1), programs or the rights and obligations of referencing 2 U.S.C. 658, which At this time, no bioassays are recipients thereof; or raise novel legal or required. However, the permit may be references section 601(5) of the RFA.) policy issues arising out of legal ‘‘Small governmental jurisdiction’’ modified in the future to require WET mandates, the President’s priorities, or testing. means governments of cities, counties, the principles set forth in the Executive towns, etc., with a population of less IV. Monitoring Frequency Order. than 50,000, unless the agency EPA has determined that this The permittee is required to monitor establishes an alternative definition. proposed general permit is not a at the frequency specified in the permit. The proposed general permit also will ‘‘significant regulatory action’’ under In addition, the permittee is required to not uniquely affect small governments the terms of Executive Order 12866 and monitor everytime the units are cleaned because compliance with the permit is therefore not subject to formal OMB due to the possibility of increased conditions affects small governments in review prior to proposal. pollutant loading during such periods. the same manner as any other entities IX. Unfunded Mandates Reform Act seeking coverage under the proposed V. Application Requirements general permit. Permittees meeting the requirements Section 201 of the Unfunded specified in the permit may submit a Mandates Reform Act (UMRA), Pub. L. X. Paperwork Reduction Act notice of intent (NOI) which includes 104–4, generally requires Federal EPA has reviewed the requirements the required information. A NOI must agencies to assess the effects of their imposed on regulated facilities resulting be submitted at least 60 days prior to ‘‘regulatory actions’’ on State, local, and from the proposed general permit under intended discharge and again at least 90 tribal governments and the private the Paperwork Reduction Act of 1980, days prior to the expiration of this sector. UMRA uses the term ‘‘regulatory 44 U.S.C. 3501 et seq. The information permit. EPA, upon reviewing the actions’’ to refer to regulations. (See, collection requirements of the proposed information submitted, will decide e.g., UMRA section 201, ‘‘Each agency general permit have already been either to include the applicant under the shall * * * assess the effects of Federal approved in previous submissions made general permit or to issue the applicant regulatory actions * * * (other than to for the NPDES permit program under an individual permit. The applicant the extent that such regulations the provisions of the CWA. may assume coverage by the general incorporate requirements specifically XI. Regulatory Flexibility Act permit if EPA does not respond within set forth in law)’’). UMRA section 102 60 days. defines ‘‘regulation’’ by reference to Under the Regulatory Flexibility Act, section 658 of Title 2 of the U.S. Code, 5 U.S.C. 601 et seq., EPA is required to VII. Effects on Endangered Species which in turn defines ‘‘regulation’’ and prepare a Regulatory Flexibility EPA believes that discharge in ‘‘rule’’ by reference to section 601(2) of Analysis to assess the impact of rules on compliance with this permit will have the Regulatory Flexibility Act (RFA). small entities. Under 5 U.S.C. 605(b), no no effect on endangered species. That section of the RFA defines ‘‘rule’’ Regulatory Flexibility Analysis is Endangered species in Saipan which as ‘‘any rule for which the agency required where the head of the Agency could be impacted would be the green publishes a notice of proposed certifies that the rule will not have a and hawksbill sea turtles. At the present rulemaking pursuant to section 553(b) of significant economic impact on a time there has been no critical habitat [the Administrative Procedure Act substantial number of small entities. designated for these species in Saipan (APA)], or any other law * * *’’ The Agency takes the position that Lagoon. Furthermore, discharges As discussed in the RFA section of NPDES general permits are not subject allowed under this permit may not be this notice, NPDES general permits are to rulemaking requirements under APA placed so that effluent directly impacts not ‘‘rules’’ under the APA and thus not section 553 or any other law. The seagrass beds or live coral reef habitat, subject to the APA requirement to requirements of APA section 553 apply as these habitats are important to these publish a notice of proposed only to the issuance of ‘‘rules,’’ which species of sea turtles. rulemaking. NPDES general permits are the APA defines in a manner that

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Discharge from individual RO unit anyone at anytime and require coverage comment in the Federal Register in is less than 0.5 million gallons per day under an individual permit. order to meet the applicable CWA (MGD); and Furthermore, in accordance with procedural requirement to provide ‘‘an 3. Discharge reaches marine surface 122.28(b), this permit may be modified, opportunity for a hearing.’’ See CWA waters (i.e. directly, through a revoked and reissued, or terminated in section 402(a), 33 U.S.C. 1342(a). stormwater conveyance channel, or accordance with applicable Nevertheless, the Agency has through an injection well that may mix requirements of part 124. considered the potential impact of the with marine surface waters); and Permittees must submit another NOI proposed general permit on small 4. An individual 401 Water Quality 90 days prior to the expiration date of entities in a manner that meets the Certification has been obtained from this general permit if the permittee requirements of the RFA. Specifically, The Division of Environmental Quality, intends to continue discharging beyond EPA has analyzed the potential impact Commonwealth of the Northern Mariana that date. of the proposed general permit on small Islands, which certifies that the The discharge must be in accordance entities and determined that the permit discharge will not cause or contribute to with effluent limitations, monitoring will not have a significant economic violations of water quality standards, or requirements and other conditions set impact on a substantial number of small impact seagrass beds or coral reef forth herein, in the 401 certification, entities. The permit requirements have habitat. and in the attached EPA Region 9 been designed to minimize significant If facility meets the above criteria, the ‘‘Standard Federal NPDES Permit administrative and economic impacts facility may apply for coverage under Conditions.’’ on small entities and should not have a the general permit by submitting a This permit and the authorization to significant impact on regulated sources complete Notice of Intent (NOI) at least discharge shall expire at midnight five in general. Moreover, the proposed 90 days prior to the planned date of years after effective date. general permit reduces a significant discharge. The NOI must include the following: 1. Effluent Limits and Monitoring burden on regulated sources of applying Requirements for individual permits. 1. Completed NPDES application Forms 1 and Form 2C. If previously a. Effluent shall be sampled at the XII. Signature applied, please send any updated point of discharge, prior to mixing with Accordingly, I hereby find consistent information/changes to application; the receiving water. If discharge occurs with the provisions of the Regulatory 2. A cover letter indicating that the into a stormwater conveyance channel Flexibility Act, that this proposed permittee is seeking coverage under this or pipe, monitoring shall be performed general permit will not have a general permit, has read this general before discharge into the channel or significant impact on a substantial permit and will comply with all its pipe. Monitoring shall be performed number of small entities. Authority: conditions; during the regular discharge of brine Clean Water Act, 33 U.S.C. 1251 et seq. 3. Individual Water Quality water and during the intermittent Certification from Division of discharge of cleaning waste water. 1 For the Regional Administrator. Environmental Quality under Section During the discharge of brine water, Dated: February 22, 1999. 401 of the Act; monitoring will be performed at the Michael G. Schulz, 4. A list of all chemicals used (both frequency specified below. During the Acting Director, Water Division, Region 9. generic name and chemical names) both discharge of cleaning waste water, Authorization To Discharge Under the during typical water treatment and monitoring shall be performed every National Pollutant Discharge during cleaning of units; time cleaning waste water is discharged. Elimination System General Permit for 5. Name(s), location(s) and average Samples of cleaning waste water should the Discharge of Reverse Osmosis Total Dissolved Solids of source waters; be identical in characteristics to that Waste Water Into Marine Waters of the and which is discharged to the surface CNMI, NPDES #MPG450000 6. Description and location of water. For example, if cleaning waste monitoring stations(s). water is stored or mixed with brine In compliance with the provisions of The NOI must be submitted to USEPA waste water prior to discharge in order the Clean Water Act, as amended, (33 and Commonwealth of Northern to reduce toxicity, samples should be U.S.C. 1251 et seq., the ‘‘Act’’), and with Marianas Islands at the addresses listed taken of the stored or mixed effluent. the Federal Regulations at 40 CFR under section 3 of this permit. Such discharges shall be limited and 122.28, EPA issues a general permit to Sixty (60) days after receipt of NOI by monitored by the permittee as specified cover discharge of reverse osmosis EPA, the applicant may discharge in below:

Limitations Monitoring requirements Effluent characteristics 1 Sample Daily max. Measurement frequency type

Flow ...... Continuous ...... N/A Total Dissolved Solids ...... Once/Quarter ...... Discrete. Total Nitrogen ...... 0.4 mg/l ...... Once/Month ...... Discrete.

characteristics than the normal brackish reject 1 Cleaning waste water includes backwash water water. or any other waste water with different chemical

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Limitations Monitoring requirements Effluent characteristics 1 Sample Daily max. Measurement frequency type

Total Phosphorous ...... 0.025 mg/l ...... Once/Month ...... Discrete. Sulfide (undissociated) ...... 0.002 mg/l ...... Once/Month ...... Discrete. Ammonia (unionized) ...... 0.02 mg/l ...... Once/Month ...... Discrete. Turbidity ...... Not > 2 NTU ...... Once/Month ...... Discrete. Total Residual Chlorine 2 ...... 01 mg/l ...... Once/Day ...... Discrete. Priority Pollutant Scan ...... (3) ...... Discrete. pH ...... (4) ...... Once/Day ...... Discrete. 1 The frequency specified below applies only to the discharge of brine water. Monitoring shall be performed once/discharge during the dis- charge of cleaning waste water. 2 Monitoring required only if products containing chlorine are used. Non-detects shall be considered compliance. 3 Permittee shall conduct priority pollutant scans on the effluent (both the cleaning waste water and the brine water discharge) once within the first 6 months of general permit and again every time location of source water changes. 4 (4) The pH of the effluent is limited between 6.5 and 8.6 standard units at all times.

b. The discharge shall be free of 2. Additional Conditions Regional Administrator, Environmental substances attributable to domestic, a. The permittee shall also comply Protection Agency, Attention: CMD–1, industrial, or other controllable sources with all requirements included under 75 Hawthorne Street, San Francisco, of pollutants and shall be capable of their individual 401 certification. CA 94105 supporting desirable aquatic life and be b. If CNMI or USEPA believes, based Director, Div. of Environmental Quality, suitable for recreation in and on the on monitoring data, facility inspections, P.O. Box 1304, Saipan, MP 96950. water. or receiving water quality that a b. Twenty-Four Hour Reporting of c. The discharge shall not cause permittee’s discharge is, or may be Noncompliance causing or contributing to exceedances floating debris, oils, grease, scum, or The permittee shall report any other floating materials. of water quality criteria, or in any way impacting seagrass beds or live coral noncompliance which may endanger d. The discharge shall be free from reef habitat, USEPA may require the health or the environment. Any substances in amounts sufficient to facility to obtain an individual permit. information shall be provided orally produce taste or odor in the water or An individual permit may include within 24 hours from the time the detectable off flavor in the flesh of fish, additional, or more stringent effluent permittee becomes aware of the or in amounts sufficient to produce limitations, additional effluent and/or circumstances to the following person objectionable odor, turbidity, or other receiving water monitoring, including or their office: Director, Div. of conditions in the receiving waters. whole effluent toxicity testing and/or Environmental Quality 670/664–8500 or 664–8501. e. There shall be no discharge of dye/tracer studies to determine the extent (if any) of the impacts. If the permittee is unsuccessful in cleaning wastes, biocides, pathogenic contacting the person above, he/she organisms, toxic, radioactive, corrosive, 3. Reporting and Monitoring shall report by 9 a.m. on the first or other deleterious substances at levels a. Reporting of Monitoring Results business day following the or in combinations sufficient to be toxic noncompliance. A written submission or harmful to human, animal, plant or Monitoring results obtained during shall also be provided within 5 days of aquatic life, or in amounts sufficient to the previous 3 months shall be the time the permittee becomes aware of interfere with any beneficial use of the summarized for each month and the circumstances. The written water. submitted on forms to be supplied by submission shall contain a description f. There shall be no discharge of the Regional Administrator, to the of the noncompliance and its cause; the substances or conditions or extent that the information reported period of noncompliance, including may be entered on the forms. The combinations thereof in concentrations dates and times, and, if the results of all monitoring required by this which produce undesirable aquatic life. noncompliance has not been corrected, permit shall be submitted in such a g. The discharge shall not cause the the anticipated time it is expected to format as to allow direct comparison continue; and steps taken or planned to temperature of the receiving water to with the limitations and requirements of reduce, eliminate, and prevent vary by more than 1.5°F (0.9°C) from this permit. Unless otherwise specified, reoccurrence of the noncompliance. ambient conditions. discharge flows and pH shall be h. The discharge shall not cause the reported in terms of the average value c. Definitions dissolved oxygen level in the receiving over each 30-day period and the 1. A ‘‘discrete’’ sample means any water to drop below 6.0 mg/l. maximum recorded value over that 30- individual sample collected in less than day period. Monitoring reports shall i. The discharge shall not cause a 15 minutes. A ‘‘discrete’’ sample for submitted on a quarterly basis and be enteric virus means any individual change in channels, basic geometry or postmarked no later than the 28th day fresh water influx which would cause sample collected in less than 3 hours. of the month following the completed 2. The ‘‘daily maximum’’ permanent changes in isohaline patterns reporting period. The first report is due concentration means the measurement of more than 10% from the natural thirty days after the effective date of this made on any single discrete sample or conditions or which would otherwise permit. Duplicate signed copies of these, composite sample. adversely affect the indigenous biota and all other reports required herein, and natural sedimentary patterns. shall be submitted to the Regional d. Monitoring Modification j. The use of products containing Administrator and the Commonwealth Monitoring, analytical, and reporting formaldehyde is prohibited. at the following addresses: requirements may be modified by the

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Regional Administrator upon due NW, Washington, DC 20571, (202) 565– Title: Section 74.703, Interference. notice. 3502. Form Number: N/A. Elaine Stangland, 4. EPA Region 9 Standard Conditions Type of Review: Extension of (Not Included) Acting General Counsel. currently approved collection. [FR Doc. 99–7867 Filed 3–31–99; 8:45 am] Respondents: Business or other for- [FR Doc. 99–7770 Filed 3–31–99; 8:45 am] BILLING CODE 6690±01±M profit entities. BILLING CODE 6560±50±P Number of Respondents: 10. Estimated Time per Response: 2 FEDERAL COMMUNICATIONS hours. COMMISSION EXPORT-IMPORT BANK OF THE Frequency of Response: On occasion UNITED STATES Notice of Public Information reporting requirements. Collections Being Reviewed by the Total Annual Burden: 20. Notice of Open Special Meeting of the Federal Communications Commission Total Annual Costs: $12,000. Sub-Saharan African Advisory Needs and Uses: Section 74.703(f) March 25, 1999. Committee of the Export-Import Bank requires licensees of low power TV or SUMMARY: The Federal Communications of the United States (Export-Import TV translator stations causing Bank) Commissions, as part of its continuing effort to reduce paperwork burden interference to other stations to submit a report to the FCC detailing the nature SUMMARY: The Sub-Saharan African invites the general public and other Federal agencies to take this of interference, source of interfering Advisory Committee was established by signals, and remedial steps taken to Pub. L. 105–121, November 26, 1997, to opportunity to comment on the following information collection, as eliminate the interference. This report is advise the Board of Directors on the to be submitted after operation of the development and implementation of required by the Paperwork Reduction Act of 1995, Public Law 104–13. An station has resumed. The data are used policies and programs designed to by FCC staff to determine that the support the expansion of the Bank’s agency may not conduct or sponsor a collection of information unless it licensee has eliminated all interference financial commitments in Sub-Saharan caused by operation of their station. Africa under the loan, guarantee and displays a currently valid control insurance programs of the Bank. number. No person shall be subject to OMB Control Number: 3060–0248. Further, the committee shall make any penalty for failing to comply with Title: Section 74.751, Modification of recommendations on how the Bank can a collection of information subject to the Transmission Systems. facilitate greater support by U.S. Paperwork Reduction Act (PRA) that Form Number: N/A. commercial banks for trade with Sub- does not display a valid control number. Type of Review: Extension of Saharan Africa. Comments are requested concerning (a) currently approved collection. whether the proposed collection of Respondents: Business or other for- TIME AND PLACE: Wednesday, April 21, information is necessary for the proper profit entities. 1999, at 9:30 a.m. to 12:00 noon. The performance of the functions of the meeting will be held at the Export- Commission, including whether the Number of Respondents: 400. Import Bank in Room 1143, 811 information shall have practical utility; Estimated Time Per Response: 0.5 Vermont Avenue, NW, Washington, DC (b) the accuracy of the Commission’s hours. 20571. burden estimate; (c) ways to enhance Frequency of Response: Recordkeeping; on occasion reporting AGENDA: This meeting will include a the quality, utility, and clarity of the discussion of the development and information collected; and (d) ways to requirement. implementation of policies and minimize the burden of the collection of Total annual burden: 200 hours. programs designated to support the information on the respondents, Total annual costs: None. expansion of Ex-Im Bank’s Financial including the use of automated Needs and Uses: Section 74.751(c) commitments in Sub-Saharan Africa. collection techniques or other forms of requires licensees of low power TV or The discussion will focus on analysis of information technology. TV translator stations to send written competitive barriers to increased trade DATES: Written comments should be notification to the FCC of equipment in Sub-Saharan Africa based on submitted on or before June 1, 1999. If changes which may be made at information gathered from other ECA’s, you anticipate that you will be licensee’s discretion without the use of exporters and banks. submitting comments, but find it a formal application. Section 74.751(d) difficult to do so within the period of requires that licensees of low power TV PUBLIC PARTICIPATION: The meeting will time allowed by this notice, you should or TV translator stations place in the be open to public participation, and the advise the contact listed below as soon station records a certification that the last 10 minutes will be set aside for oral as possible. installation of new or replacement questions or comments. Members of the ADDRESSES: Direct all comments to Les transmitting equipment complies in all public may also file written statement(s) Smith, Federal Communications respects with the technical requirements before or after the meeting. If any person Commission, 445 12th Street, SW, Room of this section and the station wishes auxiliary aids (such as a sign 1–A804, Washington, DC 20554 or via authorization. The notifications and language interpreter) or other special the Internet to [email protected]. certifications of equipment changes are accommodations, please contact, prior FOR FURTHER INFORMATION CONTACT: For used by FCC staff to assure that the to April 14, 1999, Teri Stumpf, Room additional information or copies of the equipment changes made are in full 1203, Vermont Avenue, NW, information collections contact Les compliance with the technical Washington, DC 20571, Voice: (202) Smith at (202) 418–0217 or via the requirements of this section and the 565–3502 or TDD (202) 565–3377. Internet at [email protected]. station authorizations and will not FOR FURTHER INFORMATION CONTACT: Teri SUPPLEMENTARY INFORMATION: cause interference to other authorized Stumpf, Room 1203, 811 Vermont Ave., OMB Control Number: 3060–0236. stations.

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Federal Communications Commission. Title: Wireless Telecommunications Commission orders, to clarify Magalie Roman Salas, Bureau Outlines Guidelines For definitions and descriptions and to Secretary. Wireless E911 Rule Waivers For improve understanding of existing [FR Doc. 99–8042 Filed 3–31–99; 8:45 am] Handset-Based Approaches To Phase II requirements. For copies of the BILLING CODE 6712±01±P Automatic Location Identification (ALI) procedures and formats for the ARMIS Requirements, Public Notice, CC Docket reports, please call Barbara Van Hagen No. 94–102. at 202–418–0849. Copies of the FEDERAL COMMUNICATIONS Form Number: N/A. procedures and formats may also be COMMISSION Type of Review: New collection. obtained via the internet at: http:// Respondents: Business or other for- www.fcc.gov/ccb/armis. Notice of Public Information profit entities. Federal Communications Commission Collection(s) being Reviewed by the Number of Respondents: 50. Federal Communications Commission. Estimated Time per Response: 4 OMB Control No.: 3060–0395. hours. Expiration Date: 03/31/2002. March 24, 1999. Frequency of Response: One time Title: The ARMIS USOA Report; The SUMMARY: The Federal Communications filing requirement. ARMIS Service Quality Report; and The Commissions, as part of its continuing Total Annual Burden: 200 hours. ARMIS Infrastructure Report. effort to reduce paperwork burden Total Annual Costs: None. Form No.: FCC Report Nos. 43–02, Needs and Uses: The information invites the general public and other 43–05, 43–07. filed as part of a petition for waiver will Federal agencies to take this Respondents: Business or other for be used to ensure timely compliance opportunity to comment on the profit. with the Commission’s E911 Estimated Annual Burden: 50 following information collection, as regulations, provide the Commission respondents; 1252.7 hours per response required by the Paperwork Reduction with current information on the status (avg.); 62,637 total annual burden hours. Act of 1995, Public Law 104–13. An of ALI technology, and thus ensure the Estimated Annual Reporting and agency may not conduct or sponsor a dependability and responsiveness of Recordkeeping Cost Burden: $0. collection of information unless it critical E911 services. Frequency of Response: Annual. displays a currently valid control Description: FCC Report 43–02 number. No person shall be subject to Federal Communications Commission. contains company-wide data for each any penalty for failing to comply with Magalie Roman Salas, account specified in the Uniform a collection of information subject to the Secretary. System of Accounts (‘‘USOA’’). It Paperwork Reduction Act (PRA) that [FR Doc. 99–8043 Filed 3–31–99; 8:45 am] provides the annual operating results of does not display a valid control number. BILLING CODE 6717±01±P the carriers’ activities for every account Comments are requested concerning (a) in the USOA. (FCC Report 43–02 has 50 whether the proposed collection of respondents, 960 hours per response information is necessary for the proper FEDERAL COMMUNICATIONS (avg), 48,000 total annual hours). FCC performance of the functions of the COMMISSION Report 43–05 collects data at the study Commission, including whether the area and holding company levels and is information shall have practical utility; Public Information Collections designed to capture trends in service (b) the accuracy of the Commission’s Approved by Office of Management quality under price cap regulation. It burden estimate; (c) ways to enhance and Budget provides service quality information in the quality, utility, and clarity of the March 26, 1999. the areas of interexchange access service information collected; and (d) ways to The Federal Communications installation and repair intervals, local minimize the burden of the collection of Commission (FCC) has received Office service installation and repair intervals, information on the respondents, of Management and Budget (OMB) trunk blockage and total switch including the use of automated downtime for price cap companies. approval for the following public collection techniques or other forms of (FCC Report 43–05 has 12 respondents, information collections pursuant to the information technology. 849 hours per response (avg), 10,197.4 Paperwork Reduction Act of 1995, total annual hours). FCC Report 43–07 DATES: Written comments should be Public Law 104–13. An agency may not is designed to capture trends in submitted on or before June 1, 1999. If conduct or sponsor and a person is not telephone industry infrastructure you anticipate that you will be required to respond to a collection of development under price cap submitting comments, but find it information unless it displays a regulation. It provides switch difficult to do so within the period of currently valid control number. For deployment and capabilities data. (FCC time allowed by this notice, you should further information contact Shoko B. Report 43–07 has 8 respondents, 555 advise the contact listed below as soon Hair, Federal Communications hours per response (avg), 4,400 total as possible. Commission, (202) 418–1379. annual hours). Obligation to respond: ADDRESSES: Direct all comments to Les The Commission has received OMB approval for the following ARMIS Mandatory. Smith, Federal Communications OMB Control No.: 3060–0496. Commission, Room 1–A804, 445 12th reports. ARMIS was implemented to Expiration Date: 03/31/2002. Street, S.W., Washington, DC 20554 or facilitate the timely and efficient Title: The ARMIS Operating Data via the Internet to [email protected]. analysis of the carriers’ operating costs Report. and the appropriate revenue FOR FURTHER INFORMATION CONTACT: For Form No.: FCC Report 43–08. requirements, rates of return and price Respondents: Business or other for additional information or copies of the caps; to provide an improved basis for information collections contact Les profit. audits and other oversight functions; Estimated Annual Burden: 50. Smith at (202) 418–0217 or via the and to enhance the Commission’s ability respondents; 160 hours per response Internet at [email protected]. to quantify the effects of alternative (avg.); 8,000 total annual burden hours. SUPPLEMENTARY INFORMATION: policy. The following reports were Estimated Annual Reporting and OMB Control Number: 3060–0878. revised to implement recent Recordkeeping Cost Burden: $0.

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Frequency of Response: Annual. OMB Control No.: 3060–0763 Norcom, East End, LMR 900, Metro, NY Description: The ARMIS Operating Expiration Date: 03/31/2002 and/or Suffolk violated section 90.179(f) Data Report consists of statistical Title: The ARMIS Customer of the Commission’s rules, 47 CFR schedules which are needed by the Satisfaction Report 90.179(f), by operating Stations Commission to monitor network growth, Form No.: FCC Report 43–06 WPAT918, WNXT323, WPAZ643, usage, and reliability. Obligation to Respondents: Business or other for WPAP734, and/or WPAT910 on a for- respond: Mandatory. profit. profit basis; to determine whether OMB Control No.: 3060–0511. Estimated Annual Burden: 8 Norcom has abused the Commission’s Expiration Date: 03/31/2002. respondents; 720 hours per response processes in connection with the Title: ARMIS Access Report (avg.); 5,760 total annual burden hours. creation and/or control of the Form No.: FCC Report 43–04. Estimated Annual Reporting and Associations and/or with the control Respondents: Business or other for Recordkeeping Cost Burden: $0. and/or operation of the Associations’ profit. Frequency of Response: Annual. stations; to determine, in light of the Estimated Annual Burden: 150. Description: The Customer evidence adduced pursuant to the respondents; 1,150 hours per response Satisfaction Report collects data from foregoing issues, whether Norcom, East (avg.); 172,500 total annual burden carrier surveys designed to capture End, LMR 900, Metro, NY and/or hours. trends in service quality. Obligation to Suffolk are basically qualified to be Estimated Annual Reporting and respond: Mandatory. Commission licensees; to determine, in Recordkeeping Cost Burden: $0. Public reporting burden for the light of the evidence adduced pursuant Frequency of Response: Annual. to the preceding issues, whether the Description: The Access Report is collections of information is as noted captioned licenses should be revoked; needed to administer the results of the above. Send comments regarding the and to determine, in light of the FCC’s jurisdictional separations and burden estimate or any other aspect of evidence adduced pursuant to the access charge procedures in order to the collections of information, including preceding issues, whether the captioned analyze revenue requirements, joint cost suggestions for reducing the burden to applications should be granted. The allocations, jurisdictional separations Performance Evaluation and Records actions taken by the order are and access charges. Obligation to Management, Washington, DC 20554. authorized by sections 309(e), 312(a)(2), respond: Mandatory. Federal Communications Commission. 312(a)(4), 312(c) and 503(b)(3)(A) of the OMB Control No.: 3060–0512. Magalie Roman Salas, Expiration Date: 03/31/2002. Communications Act, 47 U.S.C. 309(e), Secretary. 312(a)(2), 312(a)(4), 312(c), and Title: The ARMIS Annual Summary [FR Doc. 99–8088 Filed 3–31–99; 8:45 am] Report. 503(b)(3)(A), and section 1.227 of the Form No.: FCC Report No. 43–01. BILLING CODE 6712±01±P Commission’s rules, 47 CFR 1.227. Respondents: Business or other for FOR FURTHER INFORMATION CONTACT: profit. FEDERAL COMMUNICATIONS Thomas D. Fitz-Gibbon, Federal Estimated Annual Burden: 150. COMMISSION Communications Commission, Wireless respondents; 220 hours per response Telecommunications Bureau, (avg.); 33,000 total annual burden hours. [WTB Docket No. 98±181; FCC 98±252] Enforcement and Consumer Information Estimated Annual Reporting and Division, 445 12th Street, SW, Room 3– Recordkeeping Cost Burden: $0. License Revocation, Monetary C431, Washington, DC, 20554, (202) Frequency of Response: Annual. Forfeiture, and License Application 418–0693. Description: The ARMIS Annual Proceedings Federal Communications Commission. Summary Report contains financial and AGENCY: Federal Communications operating data and is used to monitor Magalie Roman Salas, Commission. the incumbent local exchange carriers Secretary. and to perform routine analyses of costs ACTION: Notice. [FR Doc. 99–8040 Filed 3–31–99; 8:45 am] and revenues on behalf of the BILLING CODE 6712±01±P SUMMARY: This order initiates license Commission. Obligation to respond: revocation and monetary forfeiture Mandatory. proceedings against the Norcom OMB Control No.: 3060–0513. FEDERAL COMMUNICATIONS Expiration Date: 03/31/2002. Communications Corporation COMMISSION (‘‘Norcom’’), the Association for East Title: ARMIS Joint Cost Report. [Report No. 2323] Form No.: FCC Report 43–03. End Land Mobile Coverage (‘‘East Respondents: Business or other for End’’); the LMR 900 Association of Petitions for Reconsideration and profit. Suffolk (‘‘LMR 900’’); the Metro NY Clarification of Action in Rulemaking Estimated Annual Burden: 150. LMR Association (‘‘Metro’’) the NY LMR Proceedings respondents; 200 hours per response Association (‘‘NY’’); and the Wireless (avg.); 30,000 total annual burden hours. Communications Association of Suffolk March 25, 1999. Estimated Annual Reporting and (‘‘Suffolk’’). In addition, the action Petitions for Reconsideration have Recordkeeping Cost Burden: $0. designates three license applications been filed in the Commission’s Frequency of Response: Annual. filed by Norcom for hearing. The order rulemaking proceedings listed in this Description: The Joint Cost Report is sets forth the following issues: to Public Notice and published pursuant to needed to administer our Part 64 joint determine whether Norcom, East End, 47 CFR Section 1.429(e). The full text of cost rules and to analyze the regulated LMR 900, Metro, NY and/or Suffolk these documents are available for and nonregulated cost and revenue violated Section 310(d) of the viewing and copying in Room 239, 1919 allocations by study area in order to Communications Act, 47 U.S.C. 310(b), M Street, N.W., Washington, D.C. or prevent cross-subsidization of non- by engaging in unauthorized transfers of may be purchased from the regulated operations by the regulated control of Stations WPAT918, Commission’s copy contractor, ITS, Inc. operations. Obligation to respond: WNXT323, WPAZ643, WPAP734, and/ (202) 857–3800. Oppositions to these Mandatory. or WPAT910; to determine whether petitions must be filed by April 16,

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1999. See Section 1.4(b)(1) of the FEDERAL DEPOSIT INSURANCE Estimated Number of Respondents: Commission’s rules (47 CFR 1.4(b)(1). CORPORATION 75. Replies to an opposition must be filed Estimated Time per Response: 1 hour. within 10 days after the time for filing Agency Information Collection Estimated Total Annual Burden: 75 oppositions has expired. Activities: Proposed Collection; hours. Comment Request Subject: Provision of Aeronautical General Description of Collection: An Services via the Inmarsat System via the AGENCY: Federal Deposit Insurance insured state nonmember bank which Inmarsat System; Corporation (FDIC). serves as a municipal securities dealer must file Form MSD–4 or Form MSD– ACTION: Notice and request for comment. Provision of Aeronautical Services via 5, as applicable, to permit an employee the Inmarsat System Order on SUMMARY: The FDIC, as part of its to become associated or to terminate the Reconsideration and Further Notice of continuing effort to reduce paperwork association with the municipal Proposed Rulemaking (CC Docket No. and respondent burden, invites the securities dealer. FDIC uses the form to 87–75); general public and other Federal ensure compliance with the professional Provision of Aeronautical Services via agencies to take this opportunity to requirements for municipal securities the Inmarsat System Notice of Proposed comment on proposed and/or dealers in accordance with the rules of Rulemaking. continuing information collections, as the Municipal Securities Rulemaking Board. Number of Petitions Filed: 1. required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Request for Comment Subject: 1998 Biennial Regulatory Currently, the FDIC is soliciting Review—Amendment of Part 2, 25 and comments concerning an information Comments are invited on: (a) Whether 68 of the Commission’s Rules to Further collection titled ’’Uniform Application/ the collection of information is Streamline the Equipment Uniform Termination for Municipal necessary for the proper performance of Authorization Process for Radio Securities Principal or Representative.’’ the FDIC’s functions, including whether Frequency Equipment, Modify the DATES: Comments must be submitted on the information has practical utility; (b) Equipment Authorization Process for or before June 1, 1999. the accuracy of the estimates of the burden of the information collection, Telephone Terminal Equipment, ADDRESSES: Interested parties are Implement Mutual Recognition including the validity of the invited to submit written comments to methodology and assumptions used; (c) Agreements and Begin Implementation Tamara R. Manly, Management Analyst of the Global Mobile Personal ways to enhance the quality, utility, and (Regulatory Analysis), (202) 898–7453, clarity of the information to be Communications by Satellite (GMPCS) Office of the Executive Secretary, Room Arrangements (GEN Docket No. 98–68). collected; and (d) ways to minimize the 4058, Attention: Comments/OES, burden of the information collection on Number of Petitions Filed: 1. Federal Deposit Insurance Corporation, respondents, including through the use 550 17th Street NW, Washington, DC Subject: Satellite Delivery of Network of automated collection techniques or 20429. All comments should refer to other forms of information technology. Signals to Unserved Households for ‘‘Uniform Application/Uniform At the end of the comment period, the Purposes of the Satellite Home Viewer Termination for Municipal Securities comments and recommendations Act (CS Docket No. 98–201, RM No. Principal or Representative.’’ Comments received will be analyzed to determine 9335, 9345); may be hand-delivered to the guard the extent to which the collection Part 73 Definition and Measurement station at the rear of the 17th Street should be modified prior to submission of Signals of Grade B Intensity. Building (located on F Street), on to OMB for review and approval. business days between 7:00 a.m. and Number of Petitions Filed: 2. Comments submitted in response to this 5:00 p.m. [FAX number (202) 898–3838; notice also will be summarized or Subject: Policy and Rules Concerning Internet address: [email protected]]. included in the FDIC’s requests to OMB the Interstate Interexchange Marketplace A copy of the comments may also be for renewal of this collection. All (CC Docket No. 96–61); submitted to the OMB desk officer for comments will become a matter of the FDIC: Alexander Hunt, Office of Implementation of Section 254(g) of public record. the Communications Act of 1934, as Information and Regulatory Affairs, Amended. Office of Management and Budget, New Dated at Washington, D.C., this 26th day of Executive Office Building, Room 3208, March, 1999. Number of Petitions Filed: 1. Washington, DC 20503. Federal Deposit Insurance Corporation. Subject: 1998 Biennial Regulatory FOR FURTHER INFORMATION CONTACT: Robert E. Feldman, Review—part 76 Cable Television Tamara R. Manly, at the address Executive Secretary, Service Pleading and Complaint Rules identified above. [FR Doc. 99–7952 Filed 3–31–99; 8:45 am] (CS Docket No. 98–54); SUPPLEMENTARY INFORMATION: BILLING CODE 6714±01±P Number of Petitions Filed: 1. Proposal to Renew the Following Subject: Allocation of Spectrum Currently Approved Collection of FEDERAL DEPOSIT INSURANCE Below 5 GHz Transferred from Federal Information CORPORATION Government Use (ET Docket No. 94–32). Title: Uniform Application/Uniform Agency Information Collection Number of Petitions Filed: 1. Termination for Municipal Securities Activities: Proposed Collection; Federal Communications Commission. Principal or Representative. Comment Request OMB Number: 3064–0022. Magalie Roman Salas, Frequency of Response: Occasional. AGENCY: Federal Deposit Insurance Secretary. Affected Public: Insured state Corporation (FDIC). [FR Doc. 99–8041 Filed 3–31–99; 8:45 am] nonmember banks serving as municipal ACTION: Notice and request for comment. BILLING CODE 6712±01±M securities dealers.

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SUMMARY: The FDIC, as part of its Request for Comment Office of the Executive Secretary, Room continuing effort to reduce paperwork Comments are invited on: (a) Whether 4058, Attention: Comments/OES, and respondent burden, invites the the collection of information is Federal Deposit Insurance Corporation, general public and other Federal necessary for the proper performance of 550 17th Street NW, Washington, DC agencies to take this opportunity to the FDIC’s functions, including whether 20429. All comments should refer to comment on proposed and/or the information has practical utility; (b) ‘‘Prompt Corrective Action.’’ Comments continuing information collections, as the accuracy of the estimates of the may be hand-delivered to the guard required by the Paperwork Reduction burden of the information collection, station at the rear of the 17th Street Act of 1995 (44 U.S.C. chapter 35). including the validity of the Building (located on F Street), on Currently, the FDIC is soliciting methodology and assumptions used; (c) business days between 7:00 a.m. and comments concerning an information ways to enhance the quality, utility, and 5:00 p.m. [FAX number (202) 898–3838; collection titled ‘‘Deregistration from clarity of the information to be Internet address: [email protected]]. Registered Transfer Agents.’’ collected; and (d) ways to minimize the A copy of the comments may also be DATES: Comments must be submitted on burden of the information collection on submitted to the OMB desk officer for or before June 1, 1999. respondents, including through the use the FDIC: Alexander Hunt, Office of Information and Regulatory Affairs, ADDRESSES: Interested parties are of automated collection techniques or other forms of information technology. Office of Management and Budget, New invited to submit written comments to Executive Office Building, Room 3208, Tamara R. Manly, Management Analyst At the end of the comment period, the comments and recommendations Washington, DC 20503. (Regulatory Analysis), (202) 898–7453, FOR FURTHER INFORMATION CONTACT: Office of the Executive Secretary, Room received will be analyzed to determine the extent to which the collection Tamara R. Manly, at the address 4058, Attention: Comments/OES, identified above. Federal Deposit Insurance Corporation, should be modified prior to submission SUPPLEMENTARY INFORMATION: 550 17th Street NW., Washington, DC to OMB for review and approval. 20429. All comments should refer to Comments submitted in response to this Proposal to Renew the Following ‘‘Deregistration from Registered Transfer notice also will be summarized or Currently Approved Collection of Agents.’’ Comments may be hand- included in the FDIC’s requests to OMB Information for renewal of this collection. All delivered to the guard station at the rear Title: Prompt Corrective Action. of the 17th Street Building (located on comments will become a matter of public record. OMB Number: 3064–0115. F Street), on business days between 7:00 Frequency of Response: Occasional. a.m. and 5:00 p.m. [FAX number (202) Dated at Washington, D.C., this 26th day of Affected Public: Insured institutions 898–3838; Internet address: March, 1999. requiring federal banking agency [email protected]]. Federal Deposit Insurance Corporation. supervisory actions. A copy of the comments may also be Robert E. Feldman, Estimated Number of Respondents: submitted to the OMB desk officer for Executive Secretary. 10. the FDIC: Alexander Hunt, Office of [FR Doc. 99–7953 Filed 3–31–99; 8:45 am] Estimated Time per Response: 4 Information and Regulatory Affairs, BILLING CODE 6714±01±P hours. Office of Management and Budget, New Estimated Total Annual Burden: 40 Executive Office Building, Room 3208, hours. Washington, DC 20503. FEDERAL DEPOSIT INSURANCE General Description of Collection: The CORPORATION prompt corrective action provisions of FOR FURTHER INFORMATION CONTACT: FDICIA require or permit the FDIC and Tamara R. Manly, at the address Agency Information Collection other federal financial regulators to take identified above. Activities: Proposed Collection; certain supervisory actions when FDIC- SUPPLEMENTARY INFORMATION: Comment Request insured institutions fall within one of five categories. The collection consists Proposal To Renew the Following AGENCY: Federal Deposit Insurance of applications required to obtain FDIC Currently Approved Collection of Corporation (FDIC). exceptions to otherwise restricted Information ACTION: Notice and request for comment. activities. Title: Deregistration from Registered SUMMARY: The FDIC, as part of its Request for Comment Transfer Agents. continuing effort to reduce paperwork Comments are invited on: (a) Whether OMB Number: 3064–0027. and respondent burden, invites the Frequency of Response: Occasional. the collection of information is general public and other Federal necessary for the proper performance of Affected Public: Registered transfer agencies to take this opportunity to the FDIC’s functions, including whether agents who wish to withdraw from comment on proposed and/or the information has practical utility; (b) registration. continuing information collections, as the accuracy of the estimates of the Estimated Number of Respondents: required by the Paperwork Reduction burden of the information collection, 29. Act of 1995 (44 U.S.C. chapter 35). including the validity of the Estimated Time per Response: 0.42 Currently, the FDIC is soliciting methodology and assumptions used; (c) hours. comments concerning an information ways to enhance the quality, utility, and Estimated Total Annual Burden: 12 collection titled ‘‘Prompt Corrective clarity of the information to be hours. Action.’’ collected; and (d) ways to minimize the General Description of Collection: An DATES: Comments must be submitted on burden of the information collection on insured nonmember bank that functions or before June 1, 1999. respondents, including through the use as a transfer agent may withdraw from ADDRESSES: Interested parties are of automated collection techniques or registration as a transfer agent by filing invited to submit written comments to other forms of information technology. a written notice of withdrawal with the Tamara R. Manly, Management Analyst At the end of the comment period, the FDIC as provided by 12 CFR 341.5. (Regulatory Analysis), (202) 898–7453, comments and recommendations

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.059 pfrm03 PsN: 01APN1 15758 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices received will be analyzed to determine DEPARTMENT OF HEALTH AND the Assistant Secretary for Planning and the extent to which the collection HUMAN SERVICES Evaluation, Department of Health and should be modified prior to submission Human Services, Room 405F, Hubert H. to OMB for review and approval. Office of the Secretary, Assistant Humphrey Building, 200 Independence Comments submitted in response to this Secretary for Planning and Evaluation Avenue, SW, Washington, DC 20201. notice also will be summarized or Telephone: (202) 690–8794. Requests for included in the FDIC’s requests to OMB Notice Inviting Applications for New forms and administrative questions will for renewal of this collection. All Award for Fiscal Year 1999 be accepted and responded to up to ten comments will become a matter of AGENCY: The Office of the Assistant (10) working days prior to the closing public record. Secretary for Planning and Evaluation date. Dated at Washington, D.C., this 26th day of (ASPE), DHHS. Copies of this program announcement and many of the required forms may March, 1999. ACTION: Announcement of the also be obtained electronically at the Federal Deposit Insurance Corporation availability of funds and request for ASPE World Wide Web Page: http:// Robert E. Feldman, applications from States and large aspe.hhs.gov. You may fax your request counties to determine the status of Executive Secretary. to the attention of the Grants Officer at applicants and potential applicants to [FR Doc. 99–7954 Filed 3–31–99; 8:45 am] (202) 690–6518. Applications may not the Temporary Assistance to Needy BILLING CODE 6714±01±M be faxed or submitted electronically. Families (TANF) program, individuals The printed Federal Register notice is and families entering the TANF the only official program caseload, and individuals and families announcement. Although reasonable who leave TANF. FEDERAL MARITIME COMMISSION efforts are taken to assure that the files on the ASPE World Wide Web Page Notice of Agreements, Filed, etc. SUMMARY: The Office of the Assistant Secretary for Planning and Evaluation containing electronic copies of this The Commission gives notice that it (ASPE) announces the availability of program announcement are accurate has requested that the parties to the funds and invites applications for and complete, they are provided for below listed agreement provide research into the status of applicants information only. The applicant bears additional information pursuant to and potential applicants to the sole responsibility to assure that the section 6(d) of the Shipping Act of 1984, Temporary Assistance to Needy copy downloaded and/or printed from 46 U.S.C. app. §§ 1701 et seq. The Families (TANF) program, individuals any other source is accurate and Commission has determined that further and families entering the TANF complete. information is necessary to evaluate the caseload, and individuals and families FOR FURTHER INFORMATION CONTACT: impact of the proposed agreement. This who leave TANF. Approximately four to Administrative questions should be action prevents the agreement from six States or large counties will receive directed to the Grants Officer at the becoming effective as originally funding that will enable them to address or phone number listed above. scheduled. monitor and conduct research into the Technical questions should be directed Agreement No.: 202–011650. progress of individuals who apply for to Matthew Lyon, Office of the Assistant Title: North Atlantic Agreement. TANF benefits and their families. ASPE Secretary for Planning and Evaluation, Parties: is particularly interested in targeting Department of Health and Human A.P. Moller-Maersk Line those applicants who apply for cash Services, Room 404E, Hubert H. APL Limited assistance but are never enrolled Humphrey Building, 200 Independence Atlantic Cargo Services because of non-financial eligibility Avenue, SW, Washington, DC 20201. Atlantic Container Line AB requirements, participation in up-front Telephone: (202) 401–3953. Questions China Ocean Shipping (Group) Co. job search or other diversion programs, may be faxed to (202) 690–6562 or e- DSR-Senator Lines or failure to complete the application mailed to [email protected]. Hanjin Shipping Co., Ltd. process. Proposed studies of new Part I. Supplemental Information Hapag-Lloyd Container Line GmbH entrants onto the TANF program and of Hyundai Merchant Marine Co., Ltd. individuals leaving welfare also will be Legislative Authority Independent Container Line Europe given consideration. Research topics This grant is authorized by section NV could fall into the broad categories of 1110 of the Social Security Act (42 Kawasaki Kisen Kaisha, Ltd. employment and earnings, participation U.S.C. 1310) and awards will be made Lykes Lines Limited in government assistance programs, and from funds appropriated under Pub.L. Mediterranean Shipping Co., S.A. child and family well-being. Grant 105–277, Department of Health and Mexican Line Limited applicants may choose any method for Human Services Appropriations Act, Nippon Yusen Kaisha their proposed studies, including the 1999. linking of administrative data, surveys, Orient Overseas Container Line, Inc. Eligible Applicants POL-Atlantic or other methods as appropriate. The P&O Nedlloyd Limited funds could either support a newly Given the nature of the research Sea-Land Service, Inc. designed project or could be used to add involved, competition is open only to Yangming Marine Transport Corp. new data sources and analyses to an State agencies that administer TANF existing project. programs and to counties with total Dated: March 26, 1999. CLOSING DATE: The deadline for populations greater than 500,000 that By Order of the Federal Maritime submission of applications under this administer TANF programs. Consortia Commission. announcement is May 17, 1999. of States and counties are also Bryant L. VanBrakle, MAILING ADDRESS: Application encouraged to apply, as long as their Secretary. instructions and forms should be combined total populations exceed [FR Doc. 99–7951 Filed 3–31–99; 8:45 am] requested from and submitted to: 500,000 and a single agency is identified BILLING CODE 6730±01±M Adrienne Little, Grants Officer, Office of as the lead to handle grant funds and

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The final report also Private for-profit organizations may also receiving assistance by new policies or stresses the need to gather more apply jointly with States, with the procedures, or the well-being of their information about the population recognition that grant funds may not be children and families. Moreover, the diverted from TANF and other public paid as profit to any recipient of a grant Department of Health and Human assistance programs. or subgrant. Services has a particular policy interest Finally, the projects funded on this The Code of Federal Regulations, Title in learning about the degree to which announcement will build closely on the 45, Part 92 defines a State as: ‘‘Any of TANF applicants are aware of their ongoing ASPE-funded grants to study the several States of the United States, potential eligibility for Medicaid and welfare outcomes. In FY 1998, ASPE the District of Columbia, the other programs and services that are awarded approximately $2.9 million in Commonwealth of Puerto Rico, any important in helping families make a grants to study the outcomes of welfare territory or possession of the United successful transition to work. The extent reform on individuals and families who States, or any agency or instrumentality to which low-income families diverted leave the TANF program, who apply for of a State exclusive of local from or leaving cash welfare programs cash welfare but are never enrolled governments. The term does not include are receiving health insurance from because of non-financial eligibility any public and Indian housing agency private or public sources should also requirements or diversion programs, under United States Housing Act of inform efforts to reduce the number of and/or who appear to be eligible but are 1937.’’ uninsured families. not enrolled. These grants were funded The studies funded under this by money earmarked by Congress for Available Funds announcement build on previous ASPE- crosscutting research on the outcomes of Approximately $1,200,000 is available sponsored data-linkage and research welfare reform and interagency transfers from ASPE, in funds appropriated for projects to study the outcomes of from the Department of Agriculture, the fiscal year 1999. ASPE anticipates welfare reform. These include projects Department of Labor, and the providing approximately four to six involving linking of administrative data, Administration for Children and awards of between $200,000 and research on state diversion programs, Families. $250,000 each. If additional funding and an earlier round of grants to States Grants were awarded to ten States becomes available in fiscal years 1999 or and large counties to study the (including the District of Columbia), two 2000, further projects may be funded or outcomes of welfare reform. counties, and one consortium of some projects may receive second year In FY 1996 and 1997, ASPE awarded counties under the FY 1998 funding. However, applications for grants to five States and one county for announcement. In addition, a grant was funding under this announcement the purpose of linking administrative made to South Carolina under a should describe projects that can be databases from multiple programs in different program announcement to completely carried out with one year of order to study the interactions between conduct a similar study tracking welfare funding at the above anticipated level. programs and the use of multiple families. Families leaving welfare are sources of assistance by recipients. As a being studied by all fourteen of the FY Background result of this funding, the Grantees have 1998 welfare outcome Grantees— Welfare caseloads have declined significantly increased their ability to Arizona, District of Columbia, Florida, precipitously in recent years. Since conduct research using administrative Georgia, Illinois, Massachusetts, January 1993, the number of people data. Missouri, New York, South Carolina, receiving federally funded assistance In FY 1997, ASPE and the Washington, Wisconsin, Los Angeles under Title IV–A of the Social Security Administration for Children and County in California, Cuyahoga County Act has fallen from 14.1 million to just Families (ACF) sponsored a study by the in Ohio, and a consortium of three under 8 million recipients, a reduction Center for Health Policy Research at The contiguous counties in the Bay Area of of 44 percent. This decline has occurred George Washington University to California (San Mateo, Santa Cruz, and in response to the Administration’s examine State diversion policies and Santa Clara). Research topics vary grants of Federal waivers to 43 States, practices and the potential effects of among Grantees, but include: the provisions of the Personal formal and informal TANF diversion employment and earnings, other income Responsibility and Work Opportunity programs on recipients and on supports, health insurance, child care, Reconciliation Act of 1996 (Pub.L. 104– participation in other government child well-being, barriers to self- 193), and the strong economy. In programs, particularly Medicaid. The sufficiency, insecurity/deprivation, and response to the demand from the public study found that States are using three other topics. In addition, five of the and policymakers, many studies have major methods to formally divert fourteen Grantees (Florida, South been and are currently being carried out applicants from entering cash Carolina, Washington, Wisconsin, and to study the circumstances of the large assistance: lump sum payment the San Mateo County consortia) are numbers of people who have left programs, mandatory applicant job including analysis of individuals who welfare. There has been less attention, search, and policies encouraging the use have been formally or informally however, to applicants and potential of alternative resources. In addition, diverted from receiving welfare. applicants to TANF, some of whom are some potential applicants are informally The Wisconsin study, for example, formally or informally diverted from diverted, or discouraged from applying includes an applicant diversion study receiving cash assistance. for TANF at all by strict expectations undertaken by the Institute for Research ASPE is interested in focusing on placed on recipients. Both the interim on Poverty (IRP) at the University of applicants and potential applicants to report, released in August 1998, and the Wisconsin-Madison. HHS funding has TANF for a number of reasons. First, final report, to be released in March allowed IRP to expand a study of some of the reduction in the welfare 1999, raise questions about whether individuals applying for Wisconsin

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Works (W–2) assistance in Milwaukee. complete their applications for welfare the Temporary Assistance to Needy The project focuses on three subgroups but do not enroll in the program, each Families (TANF) program, individuals of applicants: (1) Those who request of these states is using Food Stamps and families entering the TANF assistance and subsequently participate and/or Medicaid enrollment data to caseload, and individuals and families in the W–2 program; (2) those who identify those individuals and their who leave TANF. ASPE is committed to request assistance but are determined to families that appear to be eligible for using the research funds appropriated be ineligible for program participation; cash assistance but are not enrolled in by Congress to help build state and local and, (3) those who request assistance, TANF. These individuals will be capacity to conduct studies of the appear to be eligible, but do not tracked through administrative outcomes of welfare reform. Through participate in W–2. A six-month cohort databases or, in some cases, studied these grants, ASPE hopes to support of applicants is being tracked through a through a combination of administrative State efforts to gather a variety of combination of linked administrative data and surveys. information about the above individuals data (e..g, public assistance, quarterly As stated above, all fourteen welfare and their families, including their earnings, child support, foster care, and outcomes Grantees receiving FY 1998 economic and non-economic well-being mental health data) and two waves of funding are analyzing families that leave and participation in government surveys. In order to address the difficult the TANF program. Each of the programs. issue of identifying and surveying ‘‘leavers’’ studies includes at least two More specifically, ASPE hopes to individuals who never enroll in the cohorts: one for which administrative learn what happens to families who program and thus may not be regularly data is retrieved and the other for which apply for welfare but are formally or entered in the state public assistance the Grantee compiles both informally diverted before enrollment. administrative database, IRP researchers administrative and survey data. The How are such families faring are approaching individuals on the day most common administrative data sets economically and in other measures of that they apply for cash assistance, being used are public assistance data well-being? To what extent are such immediately after they have been (TANF, Medicaid, Food Stamps, etc.) families still participating in Medicaid, screened for potential welfare eligibility and wage data (usually Unemployment Food Stamp, and child support and before they meet with employment Insurance). Several of the Grantees also programs (and if not, why not)? Similar specialists. By conducting in-person are using child welfare, child support, questions can be asked about interviews with applicants while they child care, JOBS or JOBS successor, and individuals and families who have left are still in the welfare office, IRP hopes other human services data sets. TANF. Finally, a study of TANF to achieve a response rate of 90 percent To supplement the information entrants provides still another for the first wave of interviews and gathered through data linking, all 1998 perspective from which to analyze the gather sufficient information to be able Grantees are surveying at least one outcomes of welfare reform. to locate respondents for a follow-up cohort of leavers. Most surveys are A proposed study should include at interview twelve months later. Analysis mixed mode (telephone interviews with least one cohort of applicants/potential of the applicants will take place across an in-person follow-up when applicants (with an emphasis on those a variety of sub-topics, including the necessary), and most of the Grantees formally or informally diverted from local welfare office, respondent have acknowledged that a response rate receiving cash assistance), entrants, or demographics, welfare status over the of at least 70 to 80 percent is needed to leavers. The Grantee has the option of twelve months, prior welfare receipt, avoid potential biases of their studies’ studying just one of these types of and receipt of any support services. results. Grantees are each developing populations, or of studying two or more. The study of applicants in San Mateo their own survey instruments, generally However, preference will be given to County, California, differs somewhat drawing items from national surveys those Grantees that include a study of from the IRP study. San Mateo County developed by the Census Bureau (e.g., is able to take advantage of California’s applicants and potential applicants to the Survey of Income and Program TANF, including diverted individuals Case Data System (CDS), which includes Participation (SIPP), the Survey of every TANF application that is initiated and families. Program Dynamics (SPD), the Food The Grantee should clearly identify in the state. Researchers in San Mateo Insecurity Module used on the Current County and at the SPHERE Institute in how the study population is defined. Population Survey (CPS)), other For example, applicants and potential Palo Alto are using this system both to national surveys, existing state link all applicants with other applicants could include one or more of instruments (e.g., a survey used in an the following groups, as defined by the administrative databases and to draw early South Carolina study of welfare their survey sample. Because the Case Grantee: leavers), and items developed by their • individuals participating in a State Data System includes all applications, own researchers. Variation across the and not just those individuals who or county’s formal diversion program Grantees exists in terms of the timing of received TANF, San Mateo County can (lump-sum payment, mandatory cohorts, administrative data sets, and study individuals who began the applicant job search, and/or alternative survey instruments. However, the application process but were diverted, resources), Grantees have come to agreement on as well as individuals who leave TANF. • individuals that begin the certain issues, including a common The work plan calls for administrative application process but fail to complete definition of ‘‘leavers’’ as individuals data linkage and a two-wave survey, it, who leave cash assistance for a period administered at six and twelve months • individuals that complete the of two months or longer. after ‘‘case closure’’ (when either the process and are determined to be applicant withdraws from the Part II. Purpose and Responsibilities eligible for cash assistance, but who application process or the TANF withdraw from the program before recipient leaves the program). Purpose receiving any benefits, and Another approach to studying The purpose of this announcement is • individuals who apply for cash diversion is being taken in Florida, to support the efforts of States and large assistance but are determined to be South Carolina, and Washington. In counties to research the circumstances ineligible based on non-financial addition to studying individuals who of applicants and potential applicants to requirements.

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Grantees studying individuals and this end, applicants may submit 1. Employment and Economic Well- families that leave TANF are proposals for studies lasting up to being encouraged to use the ‘‘leaving cash seventeen months from the date the • Employment and earnings: What is assistance for two months or longer’’ grant is awarded. While ASPE will the employment status of individuals at definition being used by the fourteen obligate funds for studies as lengthy as time of application for welfare? At time grantees funded in 1998. Grantees seventeen months, proposals that allot of case closure? Six to twelve months studying families that enter TANF this maximum time period will receive later? What types of jobs are held? What should clearly define that population, no preference over shorter studies, level of wages do they receive and how and should explain how they will study including those that last the much do they receive in total earnings? the experiences of welfare entrants conventional twelve months. If What sort of work schedules do they while they are enrolled in the TANF additional funding becomes available in have? What, if any, employer-provided program. fiscal year 2000, some projects may be fringe benefits and training are available Each Grantee will be expected to use considered for second year funding, to them, including health insurance? administrative records from multiple allowing for an even longer time frame. programs and/or other data-gathering ASPE understands that there is a great What fringe benefits do they and their techniques to identify and conduct degree of variation in State programs, family members actually receive? If research into the experiences of the and in the amount and scope of data applicants/entrants/leavers are not study population (as defined by the available to states. Grantees also will employed, why not? What was the cause Grantee) over time. For example, vary in their identification of a study of the most recent job loss? How long applicants and potential applicants population and in the types of subgroup between job loss and application for welfare? could be tracked through the analyses that can be conducted. • application process, after eligibility is Subgroup analyses contrasting different Household income: What is total determined, and in subsequent months; types of diverted cases (e.g., participants household income? Does this income former recipients and their families in formal diversion programs, fall below the poverty threshold? Are could be monitored after the point of nonparticipating eligible individuals there earnings or other income from closure; and entrants onto TANF could and families, and those that are non- other members of the applicant’s be studied throughout their financially ineligible), different types of household? What are the sources of this participation in the program. An closed cases (e.g., because of earnings, income? Do they include disability administrative data analysis could be sanctions, time limits), and special payments? What financial support do enhanced through the use of populations (e.g., the disabled, they receive from extended family retrospective data (i.e., prior welfare substance abusers) are of interest. ASPE members or friends that live outside of receipt, employment history), as well as also has a strong interest in studying the household? • data on characteristics at the time of urban and rural subgroups. Child support: Do families have cohort identification (point of Comparisons across other demographic child support orders? Do they receive application, case entry, or case closure) characteristics, including race and age regular child support payments? If so, and over subsequent months. and number of children, would also be what proportion of family income does Applicants for the ASPE grants may helpful. child support income represent? Is there propose to augment their administrative Topical areas that applicants may evidence that the non-custodial parent data by linking individual records with wish to address, with examples of provides some financial support, survey data or other data sources. For potential policy questions, are listed including in-kind goods and services, example, surveys of applicants and below, grouped in three general even if there is no ‘‘formal’’ child those that have been diverted from categories for ease of presentation. support? applying can determine the individual’s Given the diversity of expected • Barriers to self-sufficiency: Do perceptions of the application process proposals, it is highly unlikely that applicants appear to face any barriers to and reasoning for participating or not every applicant would be able to employment, including disability, participating in different benefit address all of the issues and policy illiteracy, limited English proficiency, programs. The combination of linked questions. Further, while the list domestic violence, mental illness, or administrative data sets and surveys represents the topics that are most substance abuse? Are barriers to provide researchers with the answers to important to ASPE researchers and employment identified at time of a wide range of research questions. policymakers, the suggested questions application and do they influence the Another possible enrichment of the data are in no way meant to be exhaustive. applicants’ placement or ability to might involve providing contextual However, we would expect that participate in an up-front job search or information by briefly documenting or applicants for funding will cover each of other component to a work-based describing the application process these three broad areas in their approach to welfare (see also Child care facing TANF applicants in the county or applications. If prospective applicants section below)? State studied (or the case closure have additional questions which they 2. Participation in Government procedures, if appropriate). This might feel are relevant within the context of Programs include the role of the TANF agency in welfare reform, they are encouraged to ensuring that applicants for cash raise them in their proposal. Please note • TANF: What types of families are assistance are enrolled into the that though many of the questions focus placed in formal diversion programs Medicaid, Food Stamps, and Child on TANF applicants and potential and for what reason? What types of Support Enforcement programs, where applicants, they may be suggestive of families are eligible but do not enroll? appropriate. The richness of the data the similar issues that could be investigated What families are enrolled? Are there Grantee is able to provide will be an in studies that focus on TANF entrants differences in the experiences of single important criterion under which or individuals and families that leave and two-parent families? What are proposals are evaluated. the TANF program. Again, richness of patterns of prior receipt for TANF Studies of applicants, entrants, and data is strongly encouraged and will be applicants? For individuals leaving leavers will benefit from tracking an important criterion under which TANF, what are the reasons for closure individuals and families over time. To proposals are evaluated. (as identified in case records and

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Do children move to and receiving, and how has their services that may be available to them? from care between parents, or by participation in the TANF program • SSI and other government relatives other than parents (e.g., affected their ability to become self- programs: Are TANF applicants referred informal arrangements, formal kinship sufficient? to Supplemental Security Income (SSI)? care programs, child-only TANF cases)? • Medicaid and other health What happens to applicants during the How often have families moved? insurance: Are individuals and/or their waiting period between referral and • Child well-being: What are child children enrolled in Medicaid? To what determination of SSI eligibility? To health status and access to health care extent are individuals aware of the what extent are TANF applicants (see also Medicaid section above)? How eligibility guidelines and application referred to and/or relying on other are children faring in school? In child procedures for Medicaid for themselves government programs, such as care? To what extent are there signs of and/or their children? What information Unemployment Insurance, housing positive behaviors/activities or behavior or guidance have they received from the subsidies, free or reduced price school problems? What is the incidence of State or local TANF or Medicaid meals, WIC, and Head Start? Are child abuse or neglect (see also Barriers agency? From other agencies or from applicants also referred to programs run to self-sufficiency section above)? Are health providers? Are applications for by state and local governments or not- there signs of maternal depression? Is Medicaid routinely accepted and for-profit agencies? there non-resident parent involvement processed, even as applicants cooperate • Attitudes: What are the attitudes of with the child/children? If so, what with work-search requirements to applicants, recipients, and former types of involvement exist (e.g. amount become eligible for TANF? Do adults recipients toward the TANF application of contact, participation in school, and children in families have access to process, applicant job search and other church, or other community events)? other health insurance, and if so, from diversion programs, TANF, work, and Grantee Responsibilities what source? Are premiums or co- their current situation? payments required? Are respondents 1. Prior to completion of the final 3. Family Well-being aware of their children’s potential work plan, the Grantee shall meet with eligibility for health coverage under the • Food insecurity: Does the family relevant federal personnel, other Children’s Health Insurance Plan have enough food to eat? Does the Grantees, and invited experts in (CHIP)? Are those that are working family run out of money to buy food? Washington, D.C., to discuss the aware of how to qualify for potential Were any family members forced to turn preliminary methodology and design of Transitional Medicaid benefits? to food pantries for meals? Did any the research project. As part of this • Food Stamps: Do some or all family adults in the family skip meals? Did any process, the Grantees will take part in a members participate in the Food Stamp children? joint discussion of their proposed study program? To what extent are individuals • Health insecurity: What is the designs and research questions, and aware of their potential eligibility for health status of each family member? Do receive technical assistance from ASPE Food Stamps and of the application they have difficulties accessing health staff. This will allow for knowledge procedures? What information or care? Did family members not get care sharing across the various projects, as guidance have they received from State or postpone getting care when they well as encourage peer-to-peer contacts or local agencies? Are Food Stamp needed it for financial reasons? Has the among each of the Grantees. applications processed, even as family been forced to access emergency 2. No later than ninety (90) days after applicants cooperate with work-search services, and if so, have they been able the date of award, the Grantee shall requirements to become eligible for to obtain the needed assistance? submit an outline of progress to date, if TANF? • Housing insecurity: Have families any, and a final work plan that is based • Child care: What child care been forced to double-up or move in on and updates the work plan submitted arrangements are being used by families with relatives? Does the family run out in the original application. when parents are working, seeking of money to pay the rent? Have they 3. A second meeting may be planned work, or in employment and training been evicted or recently experienced later in the grant period in Washington, programs? Does the family make any periods of homelessness? Have families D.C., to discuss preliminary findings payments? Does the government or stayed in homeless shelters for any and the format for the final report (for anyone else help pay for the child care? period of time? Grantees outside the Washington, D.C. To what extent are families aware of • Family support: To what extent do area, this may take place by telephone). their potential eligibility for child care individuals turn to extended family 4. After completing the analysis, the subsidies and/or transitional child care, members, friends, and informal resource Grantee shall prepare a final report and of the application procedures? Did networks for support (including, but not describing the results of the study, individuals lose any work because of limited to, the financial support including the procedures and child care problems, or conversely, lose discussed in the section relating to methodology used to conduct the child care due to work requirements? Do economic well-being)? During the analysis, the research questions individuals require care for their application process, are applicants answered, the knowledge and children during non-traditional hours, encouraged to seek the support of family information gained from the project, and such as weekends and after-school? members and friends as a potential any barriers encountered in completing • Child Support Enforcement: Are all alternative to welfare? the project. A draft of this report shall families, including those that are • Household composition and child be delivered to the Federal Project diverted from cash assistance, referred living arrangements: How does Officer no later than thirty (30) days to Child Support Enforcement services? household composition change over before the completion of the project. How are families that do not receive time, and how is this related to entry After receiving comments on the draft cash assistance treated by the Child onto and exit from welfare? Are there report from the Federal Project Officer,

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One of these copies must be An overview that describes (1) the scientifically acceptable probability unbound, suitable for photocopying; if project; (2) the specific research sampling method in which every only one is the original (has the original questions to be investigated; (3) sampling unit in the population has a signature, is attached to a cover letter, proposed accomplishments; and (4) known, non-zero chance to be included etc.), it should not be this copy. knowledge and information to be gained in the sample and a sample size large 5. To encourage wider analysis, the from the project by the applicant, the enough to make statistically reliable Grantee shall make all data available to government, and the research comparisons between planned the research community. ASPE prefers community. If the proposal builds on subgroups. If, however, the grant that this result in a public-use data file. any current project, the application applicant proposes to sample applicants In preparing the public-use data file, should describe how funding under this and potential applicants that live in data shall be edited as appropriate to announcement will enhance, not certain geographic regions or are subject ensure confidentiality of individuals. If substitute for, current State or local to a particular set of diversion programs, the applicant feels that provision of a efforts. Applications from States and they may propose a sampling plan that public-use data file is impossible, the counties that received funding from covers only those regions in question. application should explain why and ASPE under the FY 1998 welfare (e) if administrative data-linking is should fully articulate how the outcomes grants are not precluded from planned, describe the criteria for the applicant will make the data available to submitting proposals under this selection of existing data sets, as well as qualified researchers and to ASPE. In announcement, provided they are the methods used to clean, standardize either case, the plan for data proposing a new line of research, and and link the case-level data from the dissemination will be evaluated and not simply a continuation or extension different sources. Applicants should scored during the evaluation of of their current project. However, such discuss thoroughly how they intend to proposals. proposals will be graded only on the match case records from different data Evaluation Criteria listed below and will sources, and the internal validity checks ASPE Responsibilities receive no preferential treatment during that will be used to ensure the accuracy 1. ASPE shall convene one to two the award process. of the matches. The architecture for the 3. Methodology and Design: Provide a meetings of Grantees, federal personnel, resulting data set should also be description and justification of how the and relevant experts in the areas the discussed in detail. proposed research project will be (f) if survey data collection is Grantees choose to address. The first implemented, including methodologies, planned, identify and describe the meeting will allow for technical chosen approach, definition of study methodology used to gather survey data. assistance and peer-to-peer contacts populations, data sources, and a In particular, identify the sampling before final research design decisions research plan consistent with a plan, the survey mode (e.g., telephone, have been made, and will assure that descriptive, tabular analysis. The in-person, mail), and the steps that will data constructs meet some standard of proposed research plan should: be taken to address any biases inherent validity. A second meeting may be held (a) describe in detail how the in each. These should include steps approximately eight to ten months into applicant plans to define the study planned to ensure a high response rate, the grant period to allow Grantees to population, which should include one such as a mixed mode design, multiple meet, discuss and assess their progress or more of the following: applicants and attempts to contact sample members, or to date, and receive assistance with any potential applicants to the TANF incentive payments to respondents, and problems that have arisen. program (with an emphasis on those steps taken to analyze differences 2. ASPE shall provide consultation diverted from receiving cash assistance), between respondents and non- and technical assistance in the planning individuals and families entering the respondents, such as comparisons and operation of grant activities. TANF caseload, and individuals and through linked administrative data. 3. ASPE shall assist in information families who leave TANF. Applications Because of the importance of a high exchange and the dissemination of that propose studies of TANF applicants response rate in ensuring reliability, reports to appropriate Federal, State, should include a description of the these procedures will be an important and local entities. TANF application process in the State part of the evaluation of proposals. In Part III. Application Preparation and or large county to be sampled. This will addition, grant applicants are Evaluation Criteria assist reviewers in understanding when encouraged, but not required, to include and how the sample population will be a draft of their proposed survey This section contains information on chosen. instrument as a supplement to their the preparation of applications for (b) identify how the proposed data application. submission under this announcement, sets and variables will be used by the (g) if qualitative research such as the forms necessary for submission, and Grantee to answer each of the research focus groups or a qualitative description the evaluation criteria under which the questions described in the proposal. of the TANF application, enrollment, applications will be reviewed. Potential (c) identify important issues for which and closure policies and procedures are grant applicants should read this section data currently are not available, and planned, the application should include carefully in conjunction with the strategies for dealing with this lack of a complete plan for data collection information provided above. The data when it pertains to the research procedures and analysis. This plan application must contain the required questions in the proposal. should include an approach for Federal forms, title page, table of (d) describe in detail the methodology reviewing written documents, contents, and sections listed below. All the applicant will use to extract samples identification of key informants, the pages of the narrative should be of TANF applicants and potential composition of any proposed focus numbered. applicants, individuals and families groups, planned discussion topics, a The application should include the entering the TANF caseload, and plan for summarizing and organizing following elements: recipients who leave TANF. Grant the results, and the value that this part

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At the first meeting, (h) identify the methodology the qualitative analysis), and the contractors Grantees will have the opportunity to Grantee will use to analyze the data and have not been retained, the applicant meet, discuss their projects, and receive organize the final report. Complex data should describe the process by which feedback from both the other Grantees analysis is neither expected nor they will be selected. Identify the key and from ASPE staff and invited preferred. Simple tabular analysis and staff who are expected to carry out the experts. The second meeting will be descriptive statistics are appropriate. project and provide a re´sume´ or approximately eight to ten months into The description should include curriculum vitae for each person. the grant period, and will provide subgroup analyses planned, report Provide a discussion of how key staff Grantees with the ability to meet and organization and proposed tabulations, will contribute to the success of the discuss their progress to date, and assess including table shells illustrating how project, including the percentage of each and receive technical assistance with the results will be presented. The staff member’s time that will be devoted any problems that have arisen. application should explain how to the project. Finally, applicants should different data sources (e.g., data from demonstrate access to computer Review Process and Funding administrative sources, survey data hardware and software for storing and Information collection, other research) will be analyzing the data necessary to Applications will initially be screened synthesized to enhance the proposed complete this project. for compliance with the timeliness and analyses. 5. Work plan: A work plan should be completeness requirements. Three (3) To the extent that the analysis uses included which lists the start and end copies of each application are required. data on individuals from multiple, dates of the project, a time line which One of these copies must be in an separate sources, such as administrative indicates the sequence of tasks unbound format, suitable for copying. If databases from several State agencies, necessary for the completion of the only one of the copies is the original the proposal should discuss measures project, and the responsibilities of each (i.e., carries the original signature and is taken to maintain confidentiality, as of the key staff. The plan should accompanied by a cover letter) it should well as demonstrate that the Grantee has identify the time commitments of key not be this copy. Applicants are obtained authorized access to those data staff members in both absolute and encouraged to send an additional two sources. The preferred form of proof is percentage terms, including other (2) copies to ease processing, but the a signed interagency agreement with projects and teaching or managerial application will not be penalized if each of the relevant agencies/ responsibilities. Due to the complicated these extra copies are not included. The departments. Though not preferable, nature of the study of applicants and grant applicant’s Standard Form 424 letters of support from the appropriate potential applicants for welfare, work agencies are acceptable, provided that plans with time lines of twelve to must be signed by a representative of the letter clearly states that the seventeen months will be accepted. the applicant who is authorized to act proposing agency has the authorization The work plan also should include with full authority on behalf of the to access and link all necessary data. plans for dissemination of the results of applicant. Grant applicants must assure that the the study (e.g., articles in journals, A Federal review panel will review collected data will only be used for presentations to State legislatures or at and score all applications submitted by management and research purposes, and conferences). As noted above, ASPE the deadline date that meet the that all identifying information will be prefers that the data be edited as screening criteria (all information and kept completely confidential, and appropriate for confidentiality and documents as required by this should present the methods that will be issued as a public-use data file. The announcement). The panel will use the used to ensure confidentiality of records work plan should detail how resulting evaluation criteria listed below to score and information once data are made data and analysis will be made available each application. The panel results will available for research purposes. to qualified researchers and to ASPE. If be the primary element used by the 4. Experience, capacity, the grant applicant believes that ASPE when making funding decisions. qualifications, and use of staff: Briefly provision of a public-use file would be The Department reserves the option to describe the grant applicant’s impossible, the application should discuss applications with other Federal organizational capabilities and explain why and should fully articulate or State staff, specialists, experts and the experience in conducting pertinent how the applicant will make the data general public. Comments from these research projects. If the proposal available to qualified researchers and to sources, along with those of the involves linking administrative ASPE. reviewers, will be kept from databases from multiple programs, the 6. Budget: Grant applicants must inappropriate disclosure and may be proposal should detail the applicant’s submit a request for federal funds using considered in making an award experience in conducting projects using Standard Form 424A and include a decision. linked administrative program data or detailed breakdown of all Federal line As a result of this competition, identify key subcontractors with such items. A narrative explanation of the between four and six grants of $200,000 experience. If the proposal involves budget should be included that states to $250,000 each are expected to be survey work, the proposal should clearly how the funds associated with made from funds appropriated for fiscal describe the applicant’s experience in this announcement will be used and year 1999. Additional awards may be conducting relevant surveys or identify describes the extent to which funds will made depending on the policy relevance key subcontractors with such be used for purposes that would not of proposals received and the available experience. Similarly, if the proposal otherwise be incorporated within the funding, including funds that may involves qualitative data collection or project. The applicant should also become available in fiscal years 1999 or analysis, the experience of the applicant document the level of funding from 2000.

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Reports current competition. DHHS will send a Selection process and evaluation As noted in the Grantee letter to this effect to each late criteria Responsibilities, two substantive reports applicant. Selection of successful applicants will are required under the grant: a final DHHS reserves the right to extend the be based on the technical and financial work plan (due no later than ninety (90) deadline for all proposals due to: (1) criteria described in this announcement. days after the date of award), and a final Natural disasters, such as floods, Reviewers will determine the strengths report containing all results and hurricanes, or earthquakes; (2) a and weaknesses of each application in analysis (draft version due no later than widespread disruption of the mail; or, terms of the evaluation criteria listed thirty (30) days before the end of the (3) if DHHS determines a deadline below, provide comments, and assign project and final version due at the extension to be in the best interest of the numerical scores. The review panel will conclusion of the project). Federal government. The Department prepare a summary of all applicant In addition, Grantees shall provide will not waive or extend the deadline scores, strengths and weaknesses, and concise quarterly progress reports. The for any applicant unless the deadline is recommendations and submit it to the specific format and content for these waived or extended for all applicants. ASPE for final decisions on the award. reports will be provided by the Federal The point value following each Project Officer. Application forms criterion heading indicates the Application instructions and forms maximum numerical weight that each State Single Point of Contact (E.O. No. section will be given in the review 12372) should be requested from and submitted to: Adrienne Little, Grants Officer, process. An unacceptable rating on any DHHS has determined that this individual criterion may render the Office of the Assistant Secretary for program is not subject to Executive application unacceptable. Consequently, Planning and Evaluation, Department of Order 12372, ‘‘Intergovernmental grant applicants should take care to Health and Human Services, Room Review of Federal Programs.’’ ensure that all criteria are fully 405F, Hubert H. Humphrey Building, Applicants are not required to seek addressed in the applications. 200 Independence Avenue, SW, intergovernmental review of their Applicants are reminded that preference Washington, DC 20201. Telephone: applications within the constraints of will be given to those proposals that (202) 690–8794. Requests for forms and E.O. 12372. include a study of TANF applicants questions (administrative and technical) and/or potential TANF applicants. Deadline for Submission of Applications will be accepted and responded to up to Grant applications will be reviewed as ten (10) working days prior to closing The closing date for submission of follows: applications under this announcement date of receipt of applications. 1. Goals, Objectives, and Potential is May 17, 1999. Hand-delivered Copies of this program announcement Usefulness of the Analyses (25 points). applications will be accepted Monday and many of the required forms may The potential usefulness of the through Friday, excluding Federal also be obtained electronically at the objectives and how the anticipated holidays, during the working hours of ASPE World Wide Web Page: http:// results of the proposed project will 9:00 a.m. to 4:30 p.m. in the lobby of the aspe.hhs.gov. You may fax your request advance policy knowledge and Hubert H. Humphrey building, located to the attention of the Grants Officer at development. If the proposed project at 200 Independence Avenue, SW in (202) 690–6518. Grant applications may builds on previous work, the Washington, D.C. When hand-delivering not be faxed or submitted electronically. application should explain how. an application, call (202) 690–8794 from The printed Federal Register notice is Applications will be judged on the the lobby for pick up. A staff person will the only official program quality and policy relevance of the be available to receive applications. announcement. Although reasonable proposed research questions, study An application will be considered as efforts are taken to assure that the files populations, and analyses (including having met the deadline if it is either on the ASPE World Wide Web Page subgroup analyses). received at, or hand-delivered to, the containing electronic copies of this 2. Quality and Soundness of mailing address on or before May 17, program announcement are accurate Methodology and Design (30 points). 1999, or postmarked before midnight and complete, they are provided for The appropriateness, soundness, and three days prior to May 17, 1999 and information only. The applicant bears cost-effectiveness of the methodology, received in time to be considered during sole responsibility to assure that the including the research design, selection the competitive review process (within copy downloaded and/or printed from of existing data sets, data gathering two weeks of the deadline). any other source is accurate and procedures, statistical techniques, and When mailing applications, complete. analytical strategies. Richness of policy- applicants are strongly advised to obtain relevant data will be an important a legibly dated receipt from the U.S. Also see section entitled scoring factor in this criterion. Postal Service or from a commercial ‘‘Components of a Complete If analysis of linked administrative carrier (such as UPS, Federal Express, Application.’’ All of these documents data is planned, a critical scoring etc.) as proof of mailing by the deadline must accompany the application element will be the proposal’s date. If there is a question as to when package. discussion of the methods used to clean, an application was mailed, applicants Length of application standardize, and link the individual- will be asked to provide proof of level or case-level data from different mailing by the deadline date. If proof In no case shall an application for the sources, including any proposed links cannot be provided, the application will ASPE grant (excluding the re´sume´s, between administrative data and not be considered for funding. Private appendices and other appropriate surveys. Applicants should thoroughly metered postmarks will not be accepted attachments) be longer than thirty (30) discuss how they intend to match case as proof of timely mailing. Applications single-spaced pages. Applications records from different data sources, which do not meet the deadline will be should not be unduly elaborate, but what internal validity checks will considered late applications and will should fully communicate the ensure the accuracy of the matches, and not be considered or reviewed in the applicant’s proposal to the reviewers. the architecture for the resulting data

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.099 pfrm03 PsN: 01APN1 15766 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices set. Other design considerations include capacity of the organization to provide use data file. If the applicant believes whether the applicant has already the infrastructure and support necessary that provision of a public-use file would obtained authorization to obtain and use for the project. Reviewers will evaluate be impossible, the application should the data to be linked from State or local the principal investigator and staff on explain why and should fully articulate agencies, and how confidentiality of the research experience and demonstrated how the applicant will make the data records and information will be research skills. available to qualified researchers and to ensured. If applicants are unable to Proposals that involve linking of ASPE. ensure the privacy and confidentiality administrative data and assembling of 5. Ability To Sustain Project After of information included in the project, large databases will be scored on the Funding (5 points). One of the ASPE’s then it is highly unlikely that they will applicant’s or subcontractor’s goals is to help States and large counties receive funding. experience with such linking efforts. build their capacity to study the If surveys are planned, reviewers will Proposals that involve survey work will outcomes of welfare reform. For projects also evaluate the methodology proposed be evaluated in terms of the applicant’s requiring significant follow-up studies, to gather survey data. In particular, or subcontractor’s experience in especially those tracking applicants, reviewers will evaluate the sampling conducting relevant surveys, including potential applicants, and entrants, grant plan, the survey mode (e.g., telephone, experience in securing high response applicants should identify an ability to in-person, mail), and the steps that will rates from welfare recipients or other continue their studies after the funding be taken to address any biases inherent low-income populations. Similarly, if period closes. To this end, reviewers in each. This will include evaluating the proposal involves qualitative data will consider whether the proposal steps planned to ensure a high response collection or analysis, it will be adequately addresses questions such as rate, such as a mixed mode design, evaluated in terms of the experience of the following: What will happen to the multiple attempts to contact sample the applicant or key subcontractors with linked administrative data sets after the members, or respondent payments, and this type of research and with these project period expires? What agency(ies) steps planned to analyze differences populations. If the applicant plans to will have responsibility for and between respondents and non- contract for any of the work (e.g., data- jurisdiction over linked administrative respondents, such as comparisons of linking, survey design or data sets after they are created? Are linked administrative data. Because of administration, qualitative analysis), there any sources of financial and staff the importance of a high response rate and the contractors have not been support for maintaining the database? in ensuring reliability, these procedures retained, reviewers will consider the To what extent could the administrative will be an important part of the process by which they will be selected. data linkages performed on the cohort evaluation of proposals containing Reviewers may consider references for under study be duplicated for later surveys. work completed on prior research cohorts? To what extent could If qualitative research such as focus projects. Principal investigator and staff additional data linkages be performed to groups or a qualitative description of the time commitments also will be a factor follow the initial cohort for additional TANF application, enrollment and in the evaluation. Reviewers will rate years? closure policies and procedures are the applicant’s pledge and ability to planned, reviewers will evaluate the work in collaboration with other Disposition of Applications plan for data collection procedures and scholars or organizations in search of 1. Approval, disapproval, or deferral. analysis, including the planned similar goals. Reviewers also will On the basis of the review of the approach for reviewing written evaluate the applicant’s demonstrated application, the Assistant Secretary will documents, identification of key capacity to work with a range of either (a) approve the application as a informants, the composition of any government agencies. whole or in part; (b) disapprove the proposed focus groups, planned 4. Ability of the Work Plan and application; or (c) defer action on the discussion topics, a plan for Budget to Successfully Achieve the application for such reasons as lack of summarizing and organizing the results, Project’s Objectives. (20 points). funds or a need for further review. and the value that this part of the Reviewers will examine if the work plan 2. Notification of disposition. The project is expected to add to the final and budget are reasonable and sufficient Assistant Secretary for Planning and report. The extent to which the to ensure timely implementation and Evaluation will notify the applicants of application demonstrates a familiarity completion of the study and whether the disposition of their applications. If with the difficulties and potential biases the application demonstrates an approved, a signed notification of the of this approach, and plans to avoid or adequate level of understanding by the award will be sent to the business office resolve them, will also be a scoring applicant of the practical problems of named in the ASPE checklist. factor. conducting such a project. Adherence to 3. The Assistant Secretary’s Reviewers also will evaluate the the work plan is necessary in order to Discretion. Nothing in this proposed data analysis, including the produce results in the time frame announcement should be construed as proposed tabulations and table shells, desired; demonstration of an applicant’s to obligate the Assistant Secretary for the planned organization of the final ability to meet the schedule will Planning and Evaluation to make any report, and the proposal’s discussion of therefore be an important part of this awards whatsoever. Awards and the how different data sources (e.g., data criterion. Reviewers will also examine distribution of awards among the from administrative sources, survey data the use of any additional funding and priority areas are contingent on the collection, other research) will be the role that funds provided under this needs of the Department at any point in synthesized to enhance the proposed announcement will play in the overall time and the quality of the applications analyses. project. that are received. 3. Qualifications of Personnel and The proposal should also discuss in The Catalog of Federal Domestic Organizational Capability. (20 points). detail how resulting data will be made Assistance number is 93–239. The qualifications of the project available to qualified researchers and to personnel for conducting the proposed ASPE. As noted above, ASPE prefers Components of a Complete Application research as evidenced by professional that the data be edited as appropriate for A complete application consists of the training and experience, and the confidentiality and issued as a public- following items in this order:

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1. Application for Federal Assistance Prevention and Health Promotion, Dated: March 24, 1999. (Standard Form 424); Office of Public Health and Science, is Mary Jo Deering, 2. Budget Information—Non- seeking a partnership with a not-for- Acting Director, Office of Disease Prevention construction Programs (Standard profit organization to coordinate efforts and Health Promotion. Form 424A); in the private sector related to the [FR Doc. 99–7950 Filed 3–31–99; 8:45 am] 3. Assurances—Non-construction national conference launching Healthy BILLING CODE 4160±17±M Programs (Standard From 424B); People 2010. Healthy People is a 4. Table of Contents; national initiative that sets decade-long 5. Budget Justification for Section B targets for health improvement. It has DEPARTMENT OF HEALTH AND Budget Categories; been a major activity in ODPHP’s HUMAN SERVICES 6. Proof of Non-profit Status, if mission since 1979, when the first appropriate; Surgeon General’s Report on Health National Committee on Vital and Health 7. Copy of the applicant’s Approved Promotion and Disease Prevention was Statistics: Meetings Indirect Cost Rate Agreement, if published. Healthy People 2000 has Pursuant to the Federal Advisory necessary; been adopted by 47 States and 70 Committee Act, the Department of percent of local health departments; it is 8. Project Narrative Statement, Health and Human Services announces used as a model by other countries. organized in five sections, the following advisory committee Healthy People 2010 will be official addressing the following topics meeting. (limited to thirty (30) single-spaced introduced through a national pages): conference in January 2000. The goal of Name: National Committee on Vital and (a) Abstract, this partnership is to stimulate the Health Statistics (NCVHS), Executive (b) Goals, Objectives and Usefulness engagement of private sector Subcommittee. Times and Dates: 10:00 a.m.–5:30 p.m., of the Project, organizations in the conference and April 21, 1999. (c) Methodology and design, enlist their support for specific events Place: Conference Room 405A, Hubert H. (d) Background of the Personnel and related to the conference, such as Humphrey Building, 200 Independence Ave. Organizational Capabilities and satellite and Internet broadcasts, and for S.W., Washington, D.C. 20201. (e) Work plan (timetable); scholarships to permit community Status: Open. 9. Any appendices or attachments; representatives to participate in the Purpose: The Executive Subcommittee of 10. Certification Regarding Drug-Free conference. Not-for-profit organizations the National Committee on Vital and Health Workplace; with missions explicitly related to Statistic (NCVHS) is scheduled to hold a 11. Certification Regarding Debarment, health but not associated with any meeting on Wednesday, April 21, 1999 in the Hubert H. Humphrey Building, Washington, Suspension, or other Responsibility single issue or activity and with DC. The NCVHS is the Department’s Matters; experience mobilizing the private sector statutory federal advisory committee on 12. Certification and, if necessary, would be well positioned to lead this health data, privacy and health information Disclosure Regarding Lobbying; private-sector effort on behalf of the policy. At the meeting, the Subcommittee 13. Supplement to Section II—Key Healthy People 2010 conference. plans to discuss NCVHS subcommittee and Personnel; Note: The partnership between ODPHP and work group plans for 1999, review the status 14. Application for Federal Assistance the outside organization will be formalized of committee projects, priorities and Checklist. through a Memorandum of Agreement that initiatives, and plan for the June 1999 will be effective from the date of signing to meeting of the full committee. In addition, Dated: March 26, 1999. March 31, 2000 and will not involve a grant the Subcommittee is expected to review and Margaret A. Hamburg, or contract. finalize the NCVHS 1998 Annual Report to Assistant Secretary for Planning and DATES: Effective date to receive Congress on the Implementation of the Evaluation. consideration is the close of business Administrative Simplification Provisions of HIPAA, as well as the report to the Secretary [FR Doc. 99–8069 Filed 3–31–99; 8:45 am] April 30, 1999. Requests will meet the deadline if they are either (1) received on NCVHS activities and accomplishments BILLING CODE 4150±04±P during 1996–1998. on or before the deadline date; or (2) All topics are tentative and subject to postmarked on or before the deadline change. Please check the NCVHS website for DEPARTMENT OF HEALTH AND date. Private metered postmarks will not a detailed agenda prior to the meeting. HUMAN SERVICES be acceptable as proof of timely mailing. Contact Person for More Information: Hand delivered requests must be Substantive information as well as a roster of Office of the Secretary received by 5:00 pm on April 30, 1999. committee members may be obtained by Requests that are received after the visiting the NCVHS website (http:// The Office of Disease Prevention and deadline date will be returned to the aspe.os.dhhs.gov/ncvhs), where an agenda Health Promotion, Office of Public sender. will be posted prior to the meeting. You may Health and Science, Is Seeking a also contact James Scanlon, NCVHS ADDRESSES: Department of Health and Partnership With a Not-for-Profit Executive Staff Director, Office of the Human Services, Office of Disease Organization To Coordinate Efforts in Assistant Secretary for Planning and Prevention and Health Promotion, 200 the Private Sector Related to the Evaluation, DHHS, Room 440–D, Humphrey Independence Avenue, SW, Suite 738G, Building, 200 Independence Avenue SW, National Conference Launching Washington, DC 20201. Washington, DC 20201, telephone (202) 690– Healthy People 2010 FOR FURTHER INFORMATION CONTACT: 7100, or Marjorie S. Greenberg, Executive Secretary, NCVHS, NCHS, CDC, Room 1100, AGENCY: Matthew Guidry, Ph.D., Senior Office of Public Health and Presidential Building, 6525 Belcrest Road, Science, Office of Disease Prevention Prevention Program Advisor, Office of Hyattsville, Maryland 20782, telephone (301) and Health Promotion, DHHS. Disease Prevention and Health 436–4253. ACTION: Notice of partnership initiative. Promotion, Hubert H. Humphrey Note: In the interest of security, the Building, Suite 738G, 200 Independence Department has instituted stringent SUMMARY: Pursuant to Title XVII of the Avenue, SW, Washington, DC 20201, procedures for entrance to the Hubert H. Public Health Service Act, notice is 202–401–7780. The electronic mail Humphrey Building by non-government hereby given that the Office of Disease address is: [email protected]. employees. Thus, individuals without a

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[FR Doc. 99–7949 Filed 3–31–99; 8:45 am] in FY 1999 to fund approximately four b. Provide technical assistance in the BILLING CODE 4151±04±M awards. It is expected that the average development of the environmental award will be $50,000, ranging from health curriculum $35,000 to $70,000. It is expected that c. Assist in the development of DEPARTMENT OF HEALTH AND the awards will begin on or about internship programs for TCU students in HUMAN SERVICES August 1, 1999, and will be made for a environmental health science, health 12-month budget period within a project education and nursing. Agency for Toxic Substances and period of up to five years. Funding d. Provide technical assistance in the Disease Registry estimates may change. area of evaluation plans. [Program Announcement 99069] Continuation awards within the E. Application Content approved project period will be made Program to Build Environmental Public on the basis of satisfactory progress as Applicants should use the Health Capacity Within Tribal Colleges evidenced by required reports and the information in the Program and Universities; Notice of Availability availability of funds. Requirements, Other Requirements, and of Funds Evaluation Criteria sections to develop Use of Funds the application content. In a narrative A. Purpose The funds awarded may be expended form, the application should include a The Agency for Toxic Substances and for reasonable program purposes, such discussion of items listed under Disease Registry (ATSDR) announces as personnel, travel, supplies and ‘‘Evaluation Criteria’’ as they relate to the availability of fiscal year (FY) 1999 services. Funds are not to be used for the proposed program. Because these funds for a cooperative agreement the purchase of furniture or equipment. criteria serve as the basis for evaluating program to build environmental public The TCU, as the direct and primary the application, omissions or health capacity within Tribal Colleges recipient of the cooperative agreement incomplete information may affect the and Universities (TCU). This program program, must perform a substantive rating of the application. The narrative addresses the ‘‘Healthy People 2000’’ role in the project activities and not should be no more than 20 double- priority areas of Educational and merely serve as a conduit for an award spaced pages, printed on one side, with Community-Based Programs and to another party or provide funds to an one inch margins, and unreduced font. Environmental Health. The purpose of ineligible party. Indirect costs are Although this program does not the program is to undertake capacity limited as described in an approved require in-kind or matching funds, the building activities that will assist TCU indirect rate agreement or other applicant should include any in-kind programs, and TCU graduates, in evidence showing indirect rate; support in the formal application. For addressing human health issues related documentation on indirect rate must be example, if the in-kind support includes to exposures to hazardous substances included in the application. personnel, the applicant should provide released into the environment which the qualifying experience of the may affect American Indian and Alaska D. Program Requirements personnel, and clearly state the type of Native peoples. This five-year In conducting activities to achieve the activity to be performed and the amount cooperative agreement program is purpose of the program, the recipient of time to be contributed. designed to assist TCUs in the shall be responsible for conducting F. Submission and Deadline development of environmental health activities under 1., below, and ATSDR curriculum through the provisions of will be responsible for conducting Submit the original and two copies of technical assistance in environmental activities under 2., below: PHS 5161–1 (OMB Number 0937–0189) health science, including toxicology, with your application. On or before June assistance with materials development, 1. Recipient Activities 1, 1999, submit the application to: and internships in environmental health a. Define and develop environmental Nelda Godfrey, Grants Management nursing, education, and science. The health curriculum to include, as Specialist, Grants Management Branch, implementation of the program will appropriate for the recipient, Procurement and Grants Office, assist American Indian and Alaska environmental health science, health Announcement 99069, Centers for Native nations in: (1) Determining the education, and nursing. Prepare project Disease Control and Prevention (CDC), public health implications from past, period and budget period work plans. 2920 Brandywine Road, Suite 3000, present, and potential future human b. Develop internship programs Atlanta, GA 30341–4146. health effects related to exposures from within the scope of this project. Deadline: Applications shall be National Priorities List (NPL) sites and c. Determine potential collaborative considered as meeting the deadline if other hazardous substance relationships with tribal nations and they are either: environmental waste sites and releases their environmental health needs to (a) Received on or before the deadline on tribal lands and (2) determining and optimize the outcomes of this program. date; or evaluating the technical and culturally- d. Define appropriate educational (b) Sent on or before the deadline date appropriate response to such exposures. materials needed by tribal constituency and received in time for orderly (i.e., materials translated into native processing. (Applicants must request a B. Eligible Applicants language, and incorporation of legibly dated U.S. Postal Service This program is directed only to traditional cultural information into the postmark or obtain a legibly dated Federally recognized Tribal Colleges curriculum). receipt from a commercial carrier or

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U.S. Postal Service. Private metered Proposed Budget—(not Scored) Prevention (CDC), 2920 Brandywine postmarks shall not be acceptable as The extent to which the proposed Road, Suite 3000, Atlanta, GA 30341– proof of timely mailing.) budget is reasonable, clearly justified 4146, telephone (770) 488–2722, Email Late Applications: Applications with a budget narrative, and consistent address: [email protected]. See also the which do not meet the criteria in (a) or with the intended use of cooperative CDC home page on the Internet: http:/ (b) above are considered late agreement funds. /www.cdc.gov. applications, will not be considered, For program technical assistance, and will be returned to the applicant. H. Other Requirements contact Leslie Campbell, M.S., Acting G. Evaluation Criteria Technical Reporting Requirements Tribal Coordinator, Division of Health Provide ATSDR with original plus Assessment and Consultation, ATSDR, Each application will be evaluated 1600 Clifton Road, Atlanta, GA 30333, individually against the following two copies of 1. Semi-annual program progress telephone (404) 639–6337 or 1–888– criteria by an independent review group 42ATSDR. appointed by ATSDR. reports, due 30 days after the end of each six-month time period; Dated: March 26, 1999. Proposed Program—40 Percent 2. Annual progress report and Georgi Jones, a. Clearly stated understanding of financial status report, no more than 90 Director, Office of Policy and External Affairs, environmental health capacity building days after the end of the budget period; Agency for Toxic Substances and Disease needs within the TCU, and needs of the and; Registry. affiliated tribal community (where 3. Final financial status and Attachment II—Federally Recognized Tribal applicable). (10 percent) performance reports, no more than 90 Colleges and Universities b. Clear and reasonable project goals. days after the end of the project period. Send all reports to: Nelda Godfrey, 1. Bay Mills Community College, Brimley, (10 percent) Michigan c. Extent to which stated project Grants Management Specialist, Grants 2. Blackfeet Community College, Browning, objectives are realistic, measurable, and Management Branch, Procurement and Montana related to program requirements. (5 Grants Office, Centers for Disease 3. Cheyenne River Community College, Eagle percent) Control and Prevention (CDC), 2920 Butte, South Dakota Brandywine Road, Suite 3000, Atlanta, 4. College of the Menominee Nation, d. Identification of specific target GA 30341–4146. Keshena, Wisconsin audiences who may benefit from this The following additional 5. Crownpoint Institute of Technology, program. (10 percent) requirements are applicable to this Crownpoint, New Mexico e. Specificity and feasibility of the program. For a complete description of 6. D-Q University, Davis, California proposed time line for implementing 7. Dineh College/Navajo Community College, each, see Attachment I in the project activities. (5 percent) Tsaile, Arizona application kit. 8. Dull Knife Memorial College, Lame Deer, Proposed Personnel—25 Percent AR–7 ...... Executive Order 12372 Review. Montana a. Ability of the applicant to provide AR–10 .... Smoke-Free Workplace Require- 9. Fond du Lac Tribal and Community adequate program staff and support ments. College, Cloquet, Minnesota 10. Fort Belknap Community College, staff, including any proposed AR–11 .... Healthy People 2000. AR–12 .... Lobbying Restrictions. Harlem, Montana consultants or contractors. (10 percent) 11. Fort Berthold Community College, New b. Experience of proposed staff in AR–16 .... Security Clearance Requirement. AR–19 .... Third Party Agreements— Town, North Dakota developing materials, implementing ATSDR. 12. Fort Peck Community College, Poplar, activities, and conducting program Montana evaluation related to environmental I. Authority and Catalog of Federal 13. Haskell Indian Nations University, health curriculum. (7 percent) Domestic Assistance Number Lawrence, Kansas 14. Institute of American Indian Arts, Santa c. Experience of staff in conducting This program is authorized under culturally appropriate programs to Fe, New Mexico sections 104(i)(14), and (15), and 126 of 15. Lac Courte Oreilles Ojibwa Community benefit tribal communities, (8 percent) the Comprehensive Environmental College, Hayward, Wisconsin Capability—35 Percent Response, Compensation, and Liability 16. Leech Lake Tribal College, Cass Lake, Act of 1980 (CERCLA), as amended by Minnesota a. Cultural appropriateness of the the Superfund Amendments and 17. Little Big Horn College, Crow Agency, environmental health programs Reauthorization Act of 1986 (SARA) (42 Montana developed for the proposed target U.S.C.9604 (i) (14), (15) and 9626). The 18. Little Hoop Community College, North groups. (10 percent) Catalog of Federal Domestic Assistance Dakota 19. Little Priest Tribal College, Winnebago, b. Thoroughness of the developed number is 93.161 program in addressing environmental Nebraska 20. Nebraska Indian Community College health needs of tribal peoples. (8 J. Where to Obtain Additional Information 21. Northwest Indian College, Bellingham, percent) Washington c. Extent to which the program may Please refer to Program 22. Oglala Lakota College, Kyle, South Dakota be evaluated to include measures of Announcement 99069 when you request 23. Salish Kootenai College, Pablo, Montana program outcome and effectiveness, information. For a complete program 24. Sinte Gleska University, Rosebud, South such as changes in participants’ description, information on application Dakota technical knowledge, attitudes, and procedures, an application package, and 25. Sisseton Wahpeton Community College, behaviors. (7 percent) business management technical Sisseton, South Dakota 26. Sitting Bull College, Fort Yates, South d. Plans for collaborative efforts, to assistance, contact Nelda Godfrey, Dakota include (where applicable) coordination Grants Management Specialist, Grants 27. Southwest Indian Polytechnic Institute, with tribal staff working on hazardous Management Branch, Procurement and Albuquerque, New Mexico waste sites and other environmental Grants Office, Announcement 99069, 28. Stone Child Community College, Box concerns. (10 percent) Centers for Disease Control and Elder, Montana

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29. Turtle Mountain Community College, or their bona fide agents or extremes in age (children and the Belcourt, North Dakota instrumentalities. This includes the elderly), other medical conditions, 30. United Tribes Technical College District of Columbia, American Samoa, genetic factors, dietary or nutritional Bismarck, North Dakota the Commonwealth of Puerto Rico, the deficiencies, poverty, or racial [FR Doc. 99–8005 Filed 3–31–99; 8:45 am] Virgin Islands, the Federated States of injustice]. BILLING CODE 4163±70±P Micronesia, Guam, the Northern 2. Identify risk factors for adverse Mariana Islands, the Republic of the health effects in populations. This will Marshall Islands, the Republic of Palau, include hypothesis generating cohort or DEPARTMENT OF HEALTH AND and federally recognized Indian tribal case-control studies on potentially HUMAN SERVICES governments. State organizations, impacted populations to identify linkages between exposure to hazardous Agency for Toxic Substances and including state universities, state substances and adverse health effects Disease Registry colleges, and state research institutions, must establish that they meet their and those risk factors which may be [Program Announcement 99076] respective state’s definition of a state impacted by prevention actions. entity or political subdivision to be D. Application Content Human Health StudiesÐApplied considered an eligible applicant. Research and Development; Notice of Use the information in the Other Availability of Funds C. Availability of Funds Requirements and Evaluation Criteria sections to develop the application A. Purpose Approximately $350,000 is available in FY 1999 to fund one or two awards. content. Your application will be The Agency for Toxic Substances and The award(s) is expected to begin on or evaluated on the criteria listed, so it is Disease Registry (ATSDR) announces about September 30, 1999, and will be important to follow them in laying out the availability of fiscal year (FY) 1999 made for a 12-month budget period your program plan. funds for a grant program entitled within a project period of up to three The application should be presented Human Health Studies—Applied years. Funding estimates are subject to in a manner that demonstrates the Research and Development. This change. applicant’s ability to address program addresses the ‘‘Healthy People Continuation awards within an environmental health problems. 2000’’ priority area of Environmental approved project period will be made The applicant’s protocol should Health. on the basis of satisfactory progress as contain (when applicable) consent The purpose of this program is to fill evidenced by required reports and the forms and questionnaires, baseline gaps in knowledge regarding human availability of funds. morbidity and mortality information, health effects of hazardous substances procedures for collecting biological and focusing on those health conditions Use of Funds environmental specimens and for prioritized by ATSDR. The ATSDR Funds may be expended for conducting laboratory analysis and Priority Health Conditions are (in reasonable program purposes, such as evaluation of the test results of alphabetical order): (1) Birth defects and personnel, travel, supplies, and services. biological specimens, statistical and reproductive disorders; (2) cancers Funds for contractual services may be epidemiological analysis of study (selected anatomic sites); (3) immune requested; however, the grantee, as the information, and a description of the function disorders; (4) kidney direct and primary recipient of grant safeguards for protecting the dysfunction; (5) liver dysfunction; (6) funds, must perform a substantive role confidentiality of individuals on whom lung and respiratory diseases; and (7) in carrying out project activities and not data are collected. neurotoxic disorders. The program will merely serve as a conduit for an award The application pages must be clearly focus upon sensitive human to another party or provide funds to an numbered, and a complete index to the populations (women, children and ineligible party. Equipment may be application and its appendices must be elderly), the use of innovative purchased with grant funds, however, included. A less than 200 word abstract methodologies to fill data gaps justification must be provided which of the proposed project should be identified through ATSDR’s public should include a cost comparison of supplied with the application. The health assessments and consultations at purchase versus lease, and title will be original and two copies of the hazardous waste sites, ecologic studies retained by ATSDR. application must be submitted using data from multiple sites to assess This program does not require in-kind unstapled and unbound. All material the health status of several support or matching funds, however, must be typed single-spaced, with communities, and analytical studies, the applicant should describe any in- unreduced font on 81⁄2′′ by 11′′ paper, including meta-analysis of existing sets kind support in the application. printed on one side, and with one inch of human data. margins. Research activities may include, but Funding Priorities E. Submission and Deadline not be limited to the following: (1) Priority will be given for studies Epidemiological studies, (2) health which address one or more of the Application outcomes studies, (3) further analysis of following areas of investigation: Submit the original and two copies of existing human data sets, (4) 1. Evaluate the occurrence of adverse PHS 5161–1 (OMB Number 0937–0189). identification, validation, and health effects in sensitive populations. Forms are in the application kit. On or development of biomarkers of exposure, This will include the evaluation of the before June 18, 1999, submit the susceptibility, and effect, and (5) further incidence or prevalence of a disease, application to: evaluating the link or lack of linkage disease symptoms, self-reported health between specific hazardous substances concerns, or biological markers of Nelda Godfrey, Grants Management disease, susceptibility, or exposure. Specialist, Grants Management Branch, and specific health effects. Procurement and Grants Office, Sensitive populations are persons who B. Eligible Applicants Announcement 99076, Centers for Disease are more susceptible to developing Control and Prevention (CDC), 2920 Assistance will be provided only to adverse health effects resulting from Brandywine Road, Suite 3000, Atlanta, GA official public health agencies of states exposures to hazardous substances [e.g., 30341–4146.

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Deadline: Applications shall be 2. The proposed justification when protection of human subjects? considered as meeting the deadline if representation is limited or absent. Recommendations on the adequacy of they are either: 3. A statement as to whether the protections include: (1) Protections (a) Received on or before the deadline date; design of the study is adequate to appear adequate and there are no or measure differences when warranted. comments to make or concerns to raise, (b) Sent on or before the deadline date and 4. A statement as to whether the plans or (2) protections appear adequate, but received in time for orderly processing. for recruitment and outreach for study there are comments regarding the (Applicants must request a legibly dated U.S. participants include the process of protocol, or (3) protections appear Postal Service postmark or obtain a legibly establishing partnerships with inadequate and the Objective Review dated receipt from a commercial carrier or community(ies) and recognition of Group (ORG) has concerns related to U.S. Postal Service. Private metered mutual benefits. human subjects; or (4) disapproval of postmarks shall not be acceptable as proof of the application is recommended timely mailing.) 3. Relationship to Initiative (15 percent) because the research risks are Late Applications: Applications Extent to which the application sufficiently serious and protection which do not meet the criteria in (a) or addresses the areas of investigation against the risks are inadequate as to (b) above are considered late outlined. make the entire application applications, will not be considered, 4. Quality of Data Collection (15 unacceptable. and will be returned to the applicant. percent) G. Other Requirements F. Evaluation Criteria Extent to which: (a) The study Technical Reporting Requirements Each application will be evaluated ascertains the information necessary to Provide CDC with original plus two individually against the following meet the objectives, including (but not copies of: criteria by an independent review group limited to) information on pathways of exposure, confounding factors, and 1. Progress reports (annual); appointed by ATSDR. 2. Financial status report, no more biomedical testing; (b) the quality than 90 days after the end of the budget Review Criteria control and quality assurance of period; and 1. Appropriateness and Knowledge of questionnaire data are provided, 3. Final financial status and Study Design (25 percent) including (but not limited to) performance reports, no more than 90 interviewer training and consistency Extent to which the applicant’s days after the end of the project period. checks of data; (c) the laboratory tests (if proposal addresses: (a) The scientific Send all reports to: Nelda Y. Godfrey, applicable) are sensitive and specific for merit of the proposed project, including Grants Management Specialist Grants the analyte or disease outcome of the novelty, originality and feasibility of Management Branch Procurement and interest; and (d) the quality control, the approach and the adequacy of the Grants, Office, Grant Number: l, quality assurance, precision and design; (b) the technical merit of the Centers for Disease Control and accuracy of information for the proposed project, including the degree Prevention (CDC), 2920 Brandywine proposed tests are provided and to which the project can be expected to Road, Suite 3000, Atlanta, GA 30341– acceptable. yield or demonstrate results that will be 4146. useful and desirable in furthering the 5. Capability and Coordination Efforts The following additional program objectives; and (c) the proposed (10 percent) requirements are applicable to this program. For a complete description of project schedule, including clearly Extent to which the proposal has established and obtainable project each, see Attachment I in the described: (a) The capability of the application kit. objectives for which progress toward applicant’s administrative structure to attainment can and will be measured. AR–1—Human Subjects Requirements foster successful scientific and AR–2—Requirements for Inclusion of 2. Proposed Study (25 percent) administrative management of a study; Women and Racial and Ethnic (b) the capability of the applicant to Adequacy of the proposal relevant to: Minorities in Research demonstrate an appropriate plan for AR–7—Executive Order 12372 Review (a) The study purpose, objectives, and interaction with the community; and (c) rationale; (b) the quality of program AR–9—Paperwork Reduction Act the suitability of facilities and AR–10—Smoke-Free Workplace objectives in terms of specificity, equipment available or to be purchased measurability, and feasibility; (c) the Requirements for the project. AR–11—Healthy People 2000 specificity and feasibility of the AR–12—Lobbying Restrictions applicant’s timetable for implementing 6. Program Personnel (10 percent) AR–17—Peer and Technical Reviews of program activities and timely Extent to which the proposed program Final Reports of Health Studies— completion of the study; (d) the staff is qualified and appropriate, and ATSDR likelihood of the applicant agency the time allocated for them to AR–18—Cost Recovery—ATSDR completing proposed program activities accomplish program activities is AR–19—Third Party Agreements— and attaining proposed objectives based adequate. ATSDR on the thoroughness and clarity of the overall program; and (e) the degree to 7. Budget (Not scored) H. Authority and Catalog of Federal Domestic Assistance Number which the applicant has met the CDC Extent to which the budget is Policy requirements regarding the reasonable, clearly justified, and This program is authorized under inclusion of women, ethnic, and racial consistent with intended use of funds. section 104(i)(1)(E), (7), and (15) of the groups in the proposed research. This Comprehensive Environmental includes: 8. Human Subjects (Not scored) Response, Compensation, and Liability 1. The proposed plan for the inclusion Does the application adequately Act of 1980 (CERCLA) as amended by of both sexes and racial and ethnic address the requirements of 45 CFR part the Superfund Amendments and minority populations for appropriate 46 for the protection of human subjects? Reauthorization Act of 1986 (SARA) (42 representation. Are procedures adequate for the U.S.C. 9604 (i)(1)(E), (7), and (15)). The

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Catalog of Federal Domestic Assistance affected people and evaluating risk Community Involvement is a critical part number is 93.161. modifying factors. of ATSDR’s and CDC’s energy-related research and activities and input from [FR Doc. 99–8004 Filed 3–31–99; 8:45 am] I. Where To Obtain Additional members of the ICHHP is part of these efforts. Information BILLING CODE 4163±70±P The ICHHP will work with the HHES to provide input on American Indian health To receive additional written effects at the Hanford, Washington site. information and to request an DEPARTMENT OF HEALTH AND Purpose: The purpose of this meeting is to application kit, call 1–888–GRANTS4 HUMAN SERVICES address issues that are unique to tribal (1–888–472–6874). You will be asked to involvement with the HHES, including leave your name and address and will Agency for Toxic Substance and discussion on Hanford Thyroid Disease Disease Registry Study results, update on tribal cooperative be instructed to identify the agreements, and development of a National announcement number of interest. Inter-Tribal Council on Hanford Health Research Agenda with tribal input. See also the CDC home page on the Projects; Notice of Meeting Matters to Be Discussed: Agenda items will Internet for a complete copy of the include a dialogue on issues that are unique announcement: http://www.cdc.gov. Public meeting of the Inter-tribal to tribal involvement with the HHES. This Council on Hanford Health Projects will include updating tribal members of the If you have questions after reviewing (ICHHP) in association with the Citizens cooperative agreement activities in the contents of all the documents, Advisory Committee on Public Health environmental health capacity building and business management technical providing support for tribal involvement in Service (PHS) Activities and Research at and representation on the HHES. assistance may be obtained from: Nelda Department of Energy (DOE) Sites: Y. Godfrey, Grants Management Agenda items are subject to change as Hanford Health Effects Subcommittee priorities dictate. Specialist, Grants Management Branch, (HHES). Contact Persons for More Information: Procurement and Grants Office, The Agency for Toxic Substances and Leslie C. Campbell, Executive Secretary Announcement 99076, Centers for Disease Registry (ATSDR) and the HHES, or Marilyn Palmer, Committee Disease Control and Prevention (CDC), Centers for Disease Control and Management Specialist, Division of Health 2920 Brandywine Road, Suite 3000, Prevention (CDC) announce the Assessment and Consultation, ATSDR, 1600 Clifton Road, NE, M/S E–56, Atlanta, Georgia Atlanta, GA 30341–4146, telephone following meeting. (770) 488–2722, E-mail address 30333, telephone 1–888/42-ATSDR (28737), [email protected]. Name: Public meeting of the ICHHP in fax 404/639–6075. association with the Citizens Advisory The Director, Management Analysis and For program technical assistance, Committee on PHS Activities and Research at Services office has been delegated the contact: Jeffrey A. Lybarger, M.D., DOE Sites: HHES. authority to sign Federal Register notices Director, Division of Health Studies, Time and Date: 9 a.m.–4 p.m., May 12, pertaining to announcements of meetings and Agency for Toxic Substances and 1999. other committee management activities, for Disease Registry, Executive Park, Place: Tamastslikt Cultural Institute, both the Centers for Disease Control and Umatilla Indian Reservation, 72777 Highway Prevention and the Agency for Toxic Building 4 Suite 2300, Atlanta, GA 331, Pendleton, Oregon 97801. Substances and Disease Registry. 30305, telephone (404) 639–6200, E- Status: Open to the public, limited only by Dated: March 25, 1999. mail address [email protected]. the space available. The meeting room Carolyn J. Russell, Dated: March 26, 1999. accommodates approximately 35 people. Background: Under a Memorandum of Director, Management Analysis and Services Georgi Jones, Understanding (MOU) signed in October Office, Centers for Disease Control and Director, Office of Policy and External Affairs, 1990 and renewed in November 1992 Prevention (CDC). Agency for Toxic Substances and Disease between ATSDR and DOE. The MOU [FR Doc. 99–8007 Filed 3–31–99; 8:45 am] Registry. delineates the responsibilities and BILLING CODE 4163±18±P Background procedures for ATSDR’s public health activities at DOE sites required under Since 1993, ATSDR has applied this sections 104, 105, 107, and 120 of the paradigm to the evaluation of seven priority DEPARTMENT OF HEALTH AND Comprehensive Environmental Response, HUMAN SERVICES health conditions. This purpose of these Compensation, and Liability Act (CERCLA or evaluations was to support the development ‘‘Superfund’’). These activities include health Agency for Toxic Substances and of a body of knowledge about the consultations and public health assessments interrelationships of the model parameters at DOE sites listed on, or proposed for, the Disease Registry and thus the relationship between exposures Superfund National Priorities List and at to hazardous substances and adverse health sites that are the subject of petitions from the Citizens Advisory Committee on Public effects. Health studies were conducted and public; and other health-related activities Health Service (PHS) Activities and supported predominantly evaluating a coss- such as epidemiologic studies, health Research at Department of Energy section of the general public living near surveillance, exposure and disease registries, (DOE) Sites: Hanford Health Effects waste sites. It is possible, however, that the health education, substance-specific applied Subcommittee occurrence of adverse health effects and research, emergency response, and subclinical toxic effects are more common preparation of toxicological profiles. In accordance with section 10(a)(2) of among a small number of sensitive people. In addition, under an MOU signed in the Federal Advisory Committee Act People may be more likely to experience December 1990 with DOE and replaced by an (Pub. L. 92–463), the Agency for Toxic adverse health effects resulting from MOU signed in 1996, the Department of Substances and Disease Registry exposures to hazardous substances if they Health and Human Services (HHS) has been (ATSDR) and the Centers for Disease have underlying illnesses, suffer effects of given the responsibility and resources for Control and Prevention (CDC) announce poverty such as poor diet or education about conducting analytic epidemiologic health seeking behaviors, have limited investigations of residents of communities in the following meeting. physiological reserve of organ function due the vicinity of DOE facilities, workers at DOE Name: Citizens Advisory Committee on to being very young or very old, or are facilities, and other persons potentially PHS Activities and Research at DOE Sites: limited by environmental injustices. The exposed to radiation or to potential hazards Hanford Health Effects Subcommittee application of this paradigm to selected from non-nuclear energy production and use. (HHES). groups of persons with hypothesized HHS has delegated program responsibility to Times and Dates: 8:30 a.m.–5 p.m., May sensitivities would assist in identifying CDC. 13, 1999; 8:30 a.m.–4 p.m., May 14, 1999.

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Place: Tamastslikt Cultural Institute, Contact Persons for More Information: they are still small and easier to treat. Umatilla Indian Reservation, 72777 Highway Leslie C. Campbell, Executive Secretary Because new tumors can develop in 331, Pendleton, Oregon 97801. HHES, or Marilyn Palmer, Committee women previously free of breast cancer, Status: Open to the public, limited only by Management Specialist, Division of Health the space available. The meeting room Assessment and Consultation, ATSDR, 1600 older women who face higher risks of accommodates approximately 100 people. Clifton Road, NE, M/S E–56, Atlanta, Georgia developing breast cancer should Background: Under a Memorandum of 30333, telephone 1–888/42–ATSDR(28737), complete mammography screening Understanding (MOU) signed in October fax 404/639–6075. every one to two years. To provide 1990 and renewed in November 1992 The Director, Management Analysis and cancer screening for low income between ATSDR and DOE. The MOU Services office has been delegated the women, Congress passed the Breast and delineates the responsibilities and authority to sign Federal Register notices procedures for ATSDR’s public health pertaining to announcements of meetings and Cervical Cancer Mortality Prevention activities at DOE sites required under other committee management activities, for Act (Pub. L. 101–354) in 1990. The sections 104, 105, 107, and 120 of the both the Centers for Disease Control and Division of Cancer Prevention and Comprehensive Environmental Response, Prevention and the Agency for Toxic Control (DCPC) in the National Center Compensation, and Liability Act (CERCLA or Substances and Disease Registry. for Chronic Disease Prevention and ‘‘Superfund’’). These activities include health Dated: March 25, 1999. Health Promotion (NCCDPHP), Centers consultations and public health assessments Carolyn J. Russell, at DOE sites listed on, or proposed for, the for Disease Control and Prevention Superfund National Priorities List and at Director, Management Analysis and Services (CDC) was given funding to establish the sites that are the subject of petitions from the Office, Centers for Disease Control and National Breast and Cervical Cancer public; and other health-related activities Prevention (CDC). Early Detection Program (NBCCEDP). such as epidemiologic studies, health [FR Doc. 99–8008 Filed 3–31–99; 8:45 am] The NBCCEDP now provides surveillance, exposure and disease registries, BILLING CODE 4163±18±P mammography and cervical cancer health education, substance-specific applied research, emergency response, and screening services to low income and medically under-served women in all 50 preparation of toxicological profiles. DEPARTMENT OF HEALTH AND In addition, under an MOU signed in states, the District of Columbia, 4 HUMAN SERVICES December 1990 with DOE and replaced by an territories, and 13 tribes. To assist state, MOU signed in 1996, the Department of Centers for Disease Control and territorial, and tribal programs with Health and Human Services (HHS) has been efficient service delivery, new data are given the responsibility and resources for Prevention needed to (1) estimate scientifically conducting analytic epidemiologic [30DAY±10±99] investigations of residents of communities in valid, statistically precise estimates of mammography rescreening rates and (2) the vicinity of DOE facilities, workers at DOE Agency Forms Undergoing Paperwork facilities, and other persons potentially Reduction Act Review identify the factors associated with exposed to radiation or to potential hazards timely rescreening among NBCCEDP- from non-nuclear energy production and use. The Centers for Disease Control and enrollees. HHS has delegated program responsibility to Prevention (CDC) publishes a list of To obtain data on mammography CDC. information collection requests under Purpose: This subcommittee is charged rescreening rates and risk factors, DCPC with providing advice and recommendations review by the Office of Management and plans to conduct telephone interviews to the Director, CDC, and the Administrator, Budget (OMB) in compliance with the with a random sample of 2,250 ATSDR, regarding community, American Paperwork Reduction Act (44 U.S.C. NBCCEDP-enrollees from four states. Indian Tribes, and labor concerns pertaining Chapter 35). To request a copy of these Consenting women will complete a 35 to CDC’s and ATSDR’s public health requests, call the CDC Reports Clearance minute telephone interview about their activities and research at this DOE site. The Officer at (404) 639–7090. Send written knowledge, attitudes, and experiences purpose of this meeting is to receive an comments to CDC, Desk Officer; Human with mammography screening. Those update from the Inter-tribal Council on Resources and Housing Branch, New Hanford Health Projects; to review and who report having received a approve the Minutes of the previous meeting; Executive Office Building, Room 10235; Washington, DC 20503. Written mammogram during the study period to receive updates from ATSDR/NCEH and (April 1, 1997 through September 30, NIOSH; to receive reports from the Outreach, comments should be received within 30 Public Health Assessment, Public Health days of this notice. 2000) will be asked to sign a release of Activities, and the Studies Workgroups; and information form so a copy of the to address other issues and topics, as Proposed Project: mammography report can be obtained to necessary. 1. Mammography Rescreening Rates verify the date the procedure was Matters to be Discussed: Agenda items and Risk Factor Assessment—New— completed. All women invited to include a presentation and discussion on The National Center for Chronic Disease participate in the survey will be 50–73 Native American Risk Scenario, question and Prevention and Health Promotion, years of age. Each telephone interview answer session with Hanford Thyroid Disease Study researchers, and agency Division of Cancer Control and will be scheduled for a time (day, updates. Prevention proposes to conduct evening, or weekend) and place that is Agenda items are subject to change as mammography research to reduce breast convenient to the participant. The total priorities dictate. cancer deaths by detecting tumors while annual burden hours are 2,223.

No. of Average bur- Respondents (forms) No. of responses/ den/response Total burden respondents respondent (in hrs.) (in hrs.)

Telephone Script for Project Coordination ...... 2,500 1 0.167 417 Telephone Interview ...... 2,250 1 0.50 1,125 Consent Form to Release Mammography Reports ...... 1,350 1 0.167 225 Mammography Reports ...... 1,215 1.5 0.25 456

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2. Multistate Case-Control Study of date, most epidemiologic studies to hazardous waste sites and other Childhood Brain Cancers—New—The exploring the causes of childhood brain known or suspected risk factors. Other Agency for Toxic Substances and cancer have suffered from lack of known or purported risk factors Disease Registry (ATSDR) is mandated statistical power due to the small identified from the literature, will pursuant to the 1980 Comprehensive numbers of cases available for the study. include both environmental and host Environmental Response Compensation By combining recent childhood brain factors during the prenatal as well as and Liability Act (CERCLA), and its cancer data from multiple states, this postnatal periods: parental occupation, 1986 Amendments, The Superfund study will help to better understand parents’ and child’s dietary habits, Amendments and Reauthorization Act what environmental factors may be parental history of smoking and (SARA), to prevent or mitigate adverse associated with childhood brain cancer, drinking, mother’s and child’s exposure human health effects and diminished and therefore, to possibly develop well- to radiation through medical care, quality of life resulting from exposure to focused prevention measures. hazardous substances in the This study will examine the residential use of pesticides or environment. Scientific knowledge is association between environmental herbicides, mother’s and child’s history lacking concerning the reasons for the exposures and risk of childhood brain of viral infection, and family history of apparent rise in childhood brain cancer cancers by employing a population cancer and neurological disorders. This incidence during the last two decades in based case-control study of childhood request is for a three-year OMB the U.S. and for explanations of brain cancer. Information to be collected approval. Total annual burden hours are childhood brain cancer in general. To includes proximity of parental residence 603.

No. of No. of Avg. burden/ Total burden Respondents respondents responses/ response (in hrs.)* respondent (in hrs.)

Screener for controls ...... 16,000 1 0.05 800 Mothers of children with childhood brain cancers and controls (interview) .... 1,200 1 0.75 900 Mothers of children with early childhood brain cancers and controls (biologi- cal testing) ...... 100 1 1.083 108 * 1,808 ÷ 3 years = 603 annualized burden hours.

Nancy Cheal, Foreign Objects’’ to the Director, Rockville, MD 20857, 301–827– Acting Associate Director for Policy, Planning Division of Compliance Policy (HFC– 0413, FAX 301–827–0482. and Evaluation, Centers for Disease Control 230), Office of Enforcement, Food and SUPPLEMENTARY INFORMATION: FDA has and Prevention (CDC). Drug Administration, 5600 Fishers developed a CPG to provide guidance [FR Doc. 99–8006 Filed 3–31–99; 8:45 am] Lane, Rockville, MD 20857. Send two on FDA’s internal enforcement process BILLING CODE 4163±18±P self-addressed adhesive labels to assist concerning foods that contain hard or that office in processing your request, or sharp foreign objects. This guidance fax your request to 301–827–0482. synthesizes FDA’s case-by-case DEPARTMENT OF HEALTH AND Copies of the CPG may also be responses to the problem of hard or HUMAN SERVICES downloaded to a personal computer sharp foreign objects in food. The CPG with access to the World Wide Web is intended to provide clear policy and Food and Drug Administration (WWW). The Office of Regulatory regulatory guidelines to FDA’s field and [Docket No. 99D±0463] Affairs (ORA) home page includes the headquarters staff with regard to such CPG and may be accessed at ‘‘http:// foods. It also contains information that FoodsÐAdulteration Involving Hard or www.fda.gov/ora’’. The CPG will be may be useful to the regulated industry Sharp Foreign Objects; Compliance available on the Compliance References and to the public. Policy Guide; Availability page for ORA. Therefore, FDA has prepared a CPG to AGENCY: Food and Drug Administration, Submit comments to MaryLynn A. describe its internal enforcement HHS. Datoc, the second contact person listed process. The CPG is being issued as a in this document in the ‘‘FOR FURTHER ACTION: Notice. guidance document and represents the INFORMATION CONTACT’’ section. agency’s current thinking on the subject. SUMMARY: The Food and Drug FOR FURTHER INFORMATION CONTACT: It does not create or confer any rights for Administration (FDA) is announcing the Technical Questions Concerning or on any person and does not operate availability of a compliance policy Foreign Objects in Foods: Alan R. to bind FDA or the public. guide (CPG) entitled ‘‘Foods— Olsen, Microanalytical Branch The agency has adopted good Adulteration Involving Hard or Sharp (HFS–315), Office of Plant, Dairy guidance practices (GGP’s) that set forth Foreign Objects.’’ This CPG is intended Foods, and Beverages, Center for the agency’s policies and procedures for to help FDA components and industry Food Safety and Applied Nutrition, the development, issuance, and use of comply with FDA’s internal Food and Drug Administration, 200 guidance documents (62 FR 8961, enforcement process concerning foods C St. SW., Washington, DC 20204, February 27, 1997). This CPG is being that contain hard or sharp foreign 202–205–4438, FAX 202–205–4091. issued as a level 2 guidance consistent objects. Questions Concerning Regulatory with GGP’s. DATES: Written comments on this CPG Actions and All Comments: Interested persons may submit to the may be submitted at any time. MaryLynn A. Datoc, Division of second contact person listed in this ADDRESSES: Submit written requests for Compliance Policy (HFC–230), document written comments regarding single copies of Compliance Policy Office of Enforcement, Office of the CPG entitled ‘‘Foods—Adulteration Guide (CPG) Sec. 555.425 ‘‘Foods— Regulatory Affairs, Food and Drug Involving Hard or Sharp Foreign Adulteration Involving Hard or Sharp Administration, 5600 Fishers Lane, Objects.’’ Two copies of any comments

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15775 are to be submitted, except that Medicaid overpayments may terminate Open on: May 3, 1999, 8:00 a.m. to 10:00 individuals may submit one copy. or substantially reduce their a.m. Comments are to be identified with the participation in Medicaid, leaving the Closed on: May 3, 1999, 10:00 a.m. to 6:00 docket number found in brackets in the State Medicaid Agency unable to p.m.; May 4–5, 1999, 8:00 a.m. to 6:00 p.m. heading of this document. A copy of the recover the amounts due. These Name: Health Careers Opportunity CPG and received comments may be information collection requirements Program Review Group. Date and Time: June 21–15, 1999, 8:00 a.m. seen in the office above between 9 a.m. give HCFA the authority to recover to 6:00 p.m. Change from May 10–13, 1999. and 4 p.m., Monday through Friday. Medicaid overpayments by offsetting Place: Holiday Inn Silver Spring, 8777 Dated: March 23, 1999. payments due to a provider under the Georgia Avenue, Silver Spring, Maryland program; Frequency: On occasion; Gary Dykstra, 20910. Affected Public: State, Local, or Tribal Open on: June 21, 1999, 8:00 a.m. to 10:00 Acting Associate Commissioner for Government; Number of Respondents: a.m. Regulatory Affairs. 54; Total Annual Responses: 27; Total Closed on: June 21, 1999, 10:00 a.m. to 6:00 [FR Doc. 99–7923 Filed 3–31–99; 8:45 am] Annual Hours: 81. p.m., June 22–25, 1999, 8:00 a.m. to 6:00 p.m. BILLING CODE 4160±01±F To obtain copies of the supporting Name: Health Careers Opportunity statement and any related forms for the Program Review Group. proposed paperwork collections Date and Time: June 28–July 2, 1999, 8:00 DEPARTMENT OF HEALTH AND referenced above, access HCFA’s Web a.m. to 6:00 p.m. Change from May 24–27, HUMAN SERVICES 1999. Site address at http://www.hcfa.gov/ Place: Holiday Inn Silver Spring, 8777 Health Care Financing Administration regs/prdact95.htm, or E-mail your Georgia Avenue, Silver Spring, Maryland request, including your address, phone 20910. [Document Identifier: HCFA±R±0021] number, OMB number, and HCFA Open on: June 28, 1999, 8:00 a.m. to 10:00 document identifier, to a.m. Agency Information Collection [email protected], or call the Reports Closed on: June 28, 1999, 10:00 a.m. to 6:00 Activities: Proposed Collection; Clearance Office on (410) 786–1326. p.m., June 29–July 2, 1999, 8:00 a.m. to 6:00 Comment Request Written comments and p.m. AGENCY: Health Care Financing recommendations for the proposed Dated: March 19, 1999. Administration. information collections must be mailed Jane M.Harrison, In compliance with the requirement within 60 days of this notice directly to Director, Division of Policy, Review and of section 3506(c)(2)(A) of the the HCFA Paperwork Clearance Officer Coordination. Paperwork Reduction Act of 1995, the designated at the following address: [FR Doc. 99–7927 Filed 3–31–99; 8:45 am] Health Care Financing Administration HCFA, Office of Information Services, BILLING CODE 4160±15±P (HCFA), Department of Health and Security and Standards Group, Division Human Services, is publishing the of HCFA Enterprise Standards, following summary of proposed Attention: Louis Blank, Room N2–14– DEPARTMENT OF HEALTH AND collections for public comment. 26, 7500 Security Boulevard, Baltimore, HUMAN SERVICES Interested persons are invited to send Maryland 21244–1850. Health Resources and Services comments regarding this burden Dated: March 25, 1999. Administration estimate or any other aspect of this John P. Burke III, collection of information, including any HCFA Reports Clearance Officer, HCFA Office Advisory Council; Notice of Meeting of the following subjects: (1) The of Information Services, Security and necessity and utility of the proposed Standards Group, Division of HCFA In accordance with section 10(a)(2) of information collection for the proper Enterprise Standards. the Federal Advisory Committee Act performance of the agency’s functions; [FR Doc. 99–8035 Filed 3–31–99; 8:45 am] (Public Law 92–463), announcement is (2) the accuracy of the estimated BILLING CODE 4120±03±P made of the following national advisory burden; (3) ways to enhance the quality, body scheduled to meet during the utility, and clarity of the information to month of April 1999. DEPARTMENT OF HEALTH AND be collected; and (4) the use of Name: Advisory Committee on Infant automated collection techniques or HUMAN SERVICES Mortality. other forms of information technology to Date and Time: April 12, 1999, 9:00 a.m.– Health Resources and Services minimize the information collection 5:00 p.m., April 13, 1999, 8:30 a.m.–3:00 p.m. Administration burden. Place: Holiday Inn at Silver Spring, 8777 Georgia Avenue, Silver Spring, MD 20910, Type of Information Collection Advisory Council; Notice of Meeting Request: New collection; Title of (301) 589–0800. The meeting is open to the public. Information Collection: Withholding Pursuant to section 10(d) of the Federal Advisory Committee Act, as Agenda: Topics that will be discussed Medicare Payments to Recover include: Early Postpartum Discharge; Low- Medicaid Overpayments and amended (5 U.S.C. Appendix 2), Birth Weight; Discrepancies in Infant Supporting Regulations in 42 CFR Correction to the Federal Register Mortality; and the Healthy Start Program. 447.31; Form No.: HCFA–R–0021 Notice dated August 31, 1998, are listed Anyone requiring information regarding (OMB# 0938–0287); Use: Overpayments below for the Health Professions and the Committee should contact Dr. Peter C. may occur in either the Medicare and Nurse Education Special Emphasis van Dyck, Executive Secretary, Advisory Medicaid program, at times resulting in Panel (SEP) Meetings. Committee on Infant Mortality, Health a situation where an institution or Name: Physician Assistants Program Resources and Services Administration, Room 18–05, Parklawn Building, 5600 person that provides services owes a Review Group. Date and Time: May 3–5, 1999, 8:00 a.m. Fishers Lane, Rockville, MD 20857, repayment to one program while still to 6:00 p.m., New Session. Telephone (301) 443–2170. receiving reimbursement from the other. Place: Holiday Inn Silver Spring, 8777 Persons interested in attending any portion Certain Medicaid providers which are Georgia Avenue, Silver Spring, Maryland of the meeting or having questions regarding subject to offsets for the collection of 20910. the meeting should contact Ms. Kerry P.

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Nesseler, Health Resources and Services This notice is being published less than 15 Name of Committee: National Institute of Administration, Maternal and Child Health days prior to the meeting due to the timing Mental Health Special Emphasis Panel. Bureau, Telephone (301) 443–2170. limitations imposed by the review and Date: April 26, 1999. Agenda items are subject to change as funding cycle. Time: 12:00 p.m. to 1:00 p.m. priorities dictate. Name of Committee: National Institute of Agenda: To review and evaluate grant Dated: March 19, 1999. Mental Health Special Emphasis Panel. applications. Jane M. Harrison, Date: April 9, 1999. Place: Neuroscience Center, National Time: 8:30 a.m. to 5:00 p.m. Institutes of Health, 6001 Executive Blvd., Director, Division of Policy Review and Bethesda, MD 20892, (Telephone Conference Coordination. Agenda: To review and evaluate grant applications. Call). [FR Doc. 99–7926 Filed 3–31–99; 8:45 am] Place: River Inn, 924 25th Street, NW, Contact Person: Jack D. Maser, PhD, BILLING CODE 4160±15±P Washington, DC 20037. Scientific Review Administrator, Division of Contact Person: David Chananie, Phd, Extramural Activities, National Institute of Scientific Review Administrator, Division of Mental Health, NIH, Neuroscience Center, DEPARTMENT OF HEALTH AND Extramural Activities, National Institute of 6001 Executive Blvd., Room 6150, MSC 9608, HUMAN SERVICES Mental Health, NIH, Neuroscience Center, Bethesda, MD 20892–9608, 301–443–1340. 6001 Executive Blvd., Rm. 6150, MSC 9608, (Catalogue of Federal Domestic Assistance National Institutes of Health Bethesda, MD 20892–9608, 301–443–1340. Program Nos. 93.242, Mental Health Research This notice is being published less than 15 Grants; 93.281, Scientist Development National Institute of Mental Health; days prior to the meeting due to the timing Award, Scientist Development Award for Notice of Closed Meetings limitations imposed by the review and Clinicians, and Research Scientist Award; funding cycle. 93.282, Mental Health National Research Pursuant to section 10(d) of the Name of Committee: National Institute of Service Awards for Research Training, Federal Advisory Committee Act, as Mental Health Special Emphasis Panel. National Institutes of Health, HHS) amended (5 U.S.C. Appendix 2), notice Date: April 12, 1999. Dated: March 25, 1999. is hereby given of the following Time: 3:30 p.m. to 4:30 p.m. LaVerne Y. Stringfield, meetings. Agenda: To review and evaluate grant Committee Management Officer, NIH. The meetings will be closed to the applications. [FR Doc. 99–7998 Filed 3–31–99; 8:45 am] public in accordance with the Place: Neuroscience Center, National provisions set forth in sections Institutes of Health, 6001 Executive Blvd., BILLING CODE 4140±01±M 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892, (Telephone Conference as amended. The grant applications and Call). Contact Person: Jack D. Maser, PhD, DEPARTMENT OF HEALTH AND the discussions could disclose Scientific Review Administrator, Division of HUMAN SERVICES confidential trade secrets or commercial Extramural Activities, National Institute of property such as patentable material, Mental Health, NIH, Neuroscience Center, National Institutes of Health and personal information concerning 6001 Executive Blvd., Room 6150, MSC 9608, individuals associated with the grant Bethesda, MD 20892–9608, 301–443–1340. National Library of Medicine; Notice of applications, the disclosure of which This notice is being published less than 15 Closed Meeting would constitute a clearly unwarranted days prior to the meeting due to the timing Pursuant to section 10(d) of the invasion of personal privacy. limitations imposed by the review and funding cycle. Federal Advisory Committee Act, as Name of Committee: National Institute of Name of Committee: National Institute of amended (5 U.S.C. Appendix 2), notice Mental Health Special Emphasis Panel. Mental Health Special Emphasis Panel. is hereby given of a meeting of the Date: March 30, 1999. Date: April 14, 1999. Time: 1:30 p.m. to 2:30 p.m. Board of Scientific Counselors, National Time: 12:30 p.m. to 2:30 p.m. Agenda: To review and evaluate grant Center for Biotechnology Information, Agenda: To review and evaluate grant applications. National Library of Medicine. applications. Place: Neuroscience Center, National The meeting will be closed to the Institutes of Health, 6001 Executive Blvd., Place: River Inn, 924 25th Street, NW, public as indicated below in accordance Washington, DC 20037. Bethesda, MD 20892, (Telephone Conference with the provisions set forth in section Call). Contact Person: Jean G. Noronha, PhD, Scientific Review Administrator, Division of 552b(c)(6), Title 5 U.S.C., as amended Contact Person: Robert H. Stretch, Phd, for the review, discussion, and Scientific Review Administrator, Division of Extramural Activities, National Institute of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, evaluation of individual intramural Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6154, MSC 9609, programs and projects conducted by the 6001 Executive Blvd., Room 6150, MSC 9608, Bethesda, MD 20892–9609, 301–443–6470. NATIONAL LIBRARY OF MEDICINE, Bethesda, MD 20892–9608, 301–443–4728. This notice is being published less than 15 including consideration of personnel This notice is being published less than 15 days prior to the meeting due to the timing qualifications and performance, and the days prior to the meeting due to the timing limitations imposed by the review and competence of individual investigators, funding cycle. limitations imposed by the review and the disclosure of which would funding cycle. Name of Committee: National Institute of constitute a clearly unwarranted Mental Health Special Emphasis Panel. Name of Committee: National Institute of invasion of personal privacy. Mental Health Special Emphasis Panel. Date: April 21, 1999. Date: April 6, 1999. Time: 8:30 a.m. to 5:00 p.m. Name of Committee: Board of Scientific Time: 11:30 a.m. to 2:00 p.m. Agenda: To review and evaluate grant Counselors, National Center for Agenda: To review and evaluate grant applications. Biotechnology Information, National Library applications. Place: Sheraton Crystal City Hotel, 1800 of Medicine. Place: St. James Hotel, 950 24th Street, Jefferson Davis Highway, Arlington, VA Date: May 17–18, 1999. N.W., Washington, DC 20037. 22202. Time: May 17, 1999, 7:00 p.m. to 10:00 Contact Person: Jean G. Noronha, Phd, Contact Person: Jack D. Maser, PhD, p.m. Scientific Review Administrator, Division of Scientific Review Administrator, Division of Agenda: To review and evaluate personal Extramural Activities, National Institute of Extramural Activities, National Institute of qualifications and performance, and Mental Health, NIH, Neuroscience Center, Mental Health, NIH, Neuroscience Center, competence of individual investigators. 6001 Executive Blvd., Room 6154, MSC 9609, 6001 Executive Blvd., Room 6150, MSC 9608, Place: The Hyatt Regency Hotel, 100 Bethesda, MD 20892–9609, 301–443–6470. Bethesda, MD 20892–9608, 301–443–1340. Bethesda Metro Center, Bethesda, MD 20814.

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Time: May 18, 1999, 8:30 a.m. to 2:00 p.m. DEPARTMENT OF HEALTH AND mental health services and to improve Agenda: To review and evaluate personal HUMAN SERVICES their effectiveness and efficiency. qualifications and performance, and Data will be collected from all competence of individual investigators. Substance Abuse and Mental Health grantees under four Fiscal Year 1998 Place: National Library of Medicine, 8600 Services Administration grant programs of the Center for Rockville Pike, Board Room, Bethesda, MD 20894. Agency Information Collection Substance Abuse Treatment and from Contact Person: David J. Lipman, MD, Activities: Submission for OMB all SAMHSA knowledge development Director, Natl Ctr for Biotechnology Review; Comment Request and application and targeted capacity Information, National Library of Medicine, expansion grants and contracts where Periodically, the Substance Abuse and client outcomes are to be assessed at Department of Health and Human Services, Mental Health Services Administration Bethesda, MD 20894. intake and post-treatment beginning in (SAMHSA) will publish a list of Fiscal Year 1999. SAMHSA-funded (Catalogue of Federal Domestic Assistance information collection requests under Program Nos. 93.879, Medical Library projects will be required to submit this OMB review, in compliance with the data as a contingency for their award. Assistance, National Institutes of Health, Paperwork Reduction Act (44 U.S.C. HHS) The analysis of the data will also help Chapter 35). To request a copy of these determine whether the goal of reducing Dated: March 25, 1999. documents, call the SAMHSA Reports health and social costs of drug use to the LaVerne Y. Stringfield, Clearance Officer on (301)443–7978. public is being achieved. Committee Management Officer, NIH. GPRA Client Outcomes for the The primary purpose of the proposed [FR Doc. 99–7997 Filed 3–31–99; 8:45 am] Substance Abuse and Mental Health data collection activity is to meet the BILLING CODE 4140±01±M Services Administration (SAMHSA) reporting requirements of the NEW—The mission of the Substance Government Performance Review Act Abuse and Mental Health Services (GPRA) (Public Law 103–62) by Administration (SAMHSA) is to allowing SAMHSA to quantify the improve the effectiveness and efficiency effects and accomplishments of of substance abuse and mental health SAMHSA programs. In addition, the treatment and prevention services data will be useful in addressing goals across the United States. All of and objectives outlined in ONDCP’s SAMHSA’s activities are designed to Performance Measures of Effectiveness. ultimately reduce the gap in the Following is the estimated annual availability of substance abuse and response burden for this effort.

Number of Responses/ Hours/ Annual burden Center clients client response hours

Center for Substance Abuse Treatment ...... 3,750 3 .70 2,625 Center for Substance Abuse Prevention ...... 12,150 3 .63 7,654 Center for Mental Health Services ...... 13,837 3 .25 3,459

TOTAL ...... 13,738

Written comments and DEPARTMENT OF HOUSING AND 40 CFR parts 1500–1508. Federal recommendations concerning the URBAN DEVELOPMENT agencies having jurisdiction by law, proposed information collection should special expertise, or other special be sent within 30 days of this notice to: [Docket No. FR±4491±N±01] interest should report their interests and indicate their readiness to aid in the EIS Daniel Chenok, Human Resources and Draft Environmental Impact Statement: Housing Branch, Office of Management effort as a ‘‘Cooperating Agency.’’ City of Hartford, CT; Section 108 Loan A Draft Environmental Impact and Budget, New Executive Office Guarantee/BEDI Grant Building, Room 10235, Washington, DC Statement will be completed for the 20503. AGENCY: Office of the Assistant proposed action described herein. Secretary for Community Planning and Comments relating to the Draft EIS are Dated: March 25, 1999. Development, HUD. requested and will be accepted by the Richard Kopanda, contact person listed below. When the ACTION: Notice. Executive Officer, SAMHSA. Draft EIS is completed, a notice will be [FR Doc. 99–8009 Filed 3–31–99; 8:45 am] SUMMARY: The Department of Housing sent to individuals and groups known to BILLING CODE 4162±20±P and Urban Development gives this have an interest on the Draft EIS and notice to the public that the City of particularly on the environmental Hartford, Connecticut intends to prepare impact issues identified therein. Any an Environmental Impact Statement person or agency interested in receiving (EIS) for the Adriaen’s Landing Project, a notice and making comment on the which, among other components, Draft EIS should contact the person includes a 68,000 person open-air listed below. stadium in the city of Hartford, ADDRESSES: All interested agencies, Connecticut. groups and persons are invited to This Notice is in accordance with submit written comments on the within- regulations of the Council on named project and the Draft Environmental Quality as described in Environment Impact Statement to the

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Responses will help Impact Statement. component of the project. determine significant environmental Particularly solicited is information The remaining $8 million will be used issues, identify data which the EIS on reports or other environmental for eligible activities associated with the should address, and help identify studies planned or completed in the project. DHUD funds will not be used to cooperating agencies. project area, major issues and date support the stadium. Seven acres of the The Draft Environmental Impact which the EIS should consider and 40-acre development are air rights over Statement will be published upon recommended mitigating measures and Interstate 91 and the Whitehead completion and will be on file, and alternatives associated with the Highway. The Federal Highway available for public inspection at the proposed project. Federal agencies Administration would need to approve address listed above. Copies may also be having jurisdiction by law, special the use of this air space and will, obtained upon request, at the same expertise or other special interest therefore, be a cooperating agency. address. should report their interests and To ensure that a full range of issues This Notice shall be in effect for one indicate their readiness to aid the EIS related to this proposed action are year. If one year after the publication of effort as a ‘‘cooperating agency’’. addressed and all significant issues the Notice in the Federal Register a FOR FURTHER INFORMATION CONTACT: identified, comments and suggestions draft EIS has not been filed on the Dennis J. Johnson, Contract Manager, are invited from all interested parties. project, then the Notice for that project City of Hartford, Division of An information open house followed shall be cancelled. If a draft EIS is Management & Budget, Office of Grants by a scoping meeting will be held on expected more than one year after the Management, Room 108, 550 Main Thursday, April 15, 1999 at Betances publication of this Notice, a new and Street, Hartford, Connecticut, 06103. School, 42 Charter Oak Avenue, updated Notice must be published. Telephone: (860) 543–8650. Hartford, CT 06103. The open house Dated: March 26, 1999. will be held from 5–7 p.m. followed by SUPPLEMENTARY INFORMATION: The City Richard H. Broun, the scoping meeting from 7–9 p.m. The of Hartford, acting on behalf of the U.S. scoping is for determining the scope of Director, Office of Community Viability. Department of Housing and Urban issues to be addressed in the EIS and for [FR Doc. 99–8056 Filed 3–31–99; 8:45 am] Development, in cooperation with the identifying the significant issues related BILLING CODE 4210±29±P Capital City Economic Development to the proposed Adriaen’s Landing Authority, the Federal Highway project. Administration, and other interested DEPARTMENT OF HOUSING AND agencies will prepare an Environmental Need For the EIS URBAN DEVELOPMENT Impact Statement (EIS) to analyze It has been determined that the [Docket No. FR±4170±N±19] potential impacts of constructing a 40- project may constitute an action acre mixed use development complex significantly effecting the quality of the RIN 2577±AB74 including: (1) An entertainment/retail human environment, and an venue of approximately 426,000 square Environmental Impact Statement will be Indian Housing Block Grant Program: feet, (2) an approximately 68,000 person prepared by the City of Hartford in Notice of Revision to Transition capacity open air stadium, (3) an cooperation with the Capital City RequirementsÐProceeds of Sales of approximately 200,000 square feet Economic Development Authority in Former 1937 Act Homeownership Units convention center, (4) an approximately accordance with the National AGENCY: Office of the Assistant 700-room convention center hotel, (5) Environmental Policy Act of 1969 (Pub. an NFL pavilion for theme dining, Secretary for Public and Indian L. 91–190) on such project. Housing, HUD. interactive entertainment and other non- Responses to this notice will be used ACTION: Notice of revised transition football business, (6) an interactive to: Connecticut River Discovery Center 1. Determine significant requirements—proceeds of sales of (aquarium/history museum, (7) environmental issues; former 1937 Act homeownership units. approximately 350 residential 2. Identify data which the EIS should SUMMARY: apartments with some retail frontage, (8) This notice provides address; and additional and updated guidance an approximately 350-room business 3. Identify agencies and other parties relating to the sale of homeownership hotel, (9) parking facilities representing which will participate in the EIS units and to cash management and approximately 7,500 spaces, (10) process and the basis for their investment policies and procedures. relocation and modification of sewer, involvement. The purpose of this guidance is to water, and other utility infrastructure This notice is in accordance with the facilitate the smooth transition from and vehicular and pedestrian traffic regulations of the Council on procedures and resources under the access modifications. Adriaen’s Landing Environmental Quality under its rule United States Housing Act of 1937 (1937 will be located in downtown Hartford (40 CFR part 1500). along the Connecticut River. The The Draft Environmental Impact Act) to those under the Indian Housing estimated cost for this project is 1.3 Statement will be published and Block Grant (IHBG) Program. billion dollars. distributed about August 9, 1999 and a DATES: These transition requirements The City of Hartford has been copy will be on file at the City of are effective upon publication. awarded a Brownfield Economic Hartford, Division of Management and FOR FURTHER INFORMATION CONTACT: Development Initiative (BEDI) grant Budget, Room 108, 550 Main Street, Deborah M. Lalancette, National Office from the DHUD which will help with Hartford, CT 06103 and available for of Native American Programs, the costs associated with site public inspection, or copies may be Department of Housing and Urban

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Development, 1999 Broadway, Suite proceeds from the sale of purposes other than eligible NAHASDA 3390, Denver, CO; telephone (303) 675– homeownership units. The purpose of activities? 1600 (this is not a toll-free number). the statutory requirement for the Answer 42A. Yes. We have Hearing or speech-impaired individuals transition notice is to facilitate the determined that section 210 of may access this number via TTY by transition from the 1937 Act programs NAHASDA addresses only the 1937 Act calling the toll-free Federal Information to the IHBG program. Proceeds of sale funds provided by HUD and not the Relay Service at 1–800–877–8339. of homeownership units under the 1937 proceeds from the sale of SUPPLEMENTARY INFORMATION: Act are not characterized as program homeownership units. Proceeds can be income under the IHBG regulation. By used for any housing activity, I. Background providing that the proceeds can be used community facility or economic The Native American Housing for any housing activity, community development activity that benefits the Assistance and Self-Determination Act facility, or economic development community. If the use of these funds is of 1996 (25 U.S.C. 4101 et seq.) activity and are not subject to other currently outlined in an Administrative (NAHASDA) was enacted on October Federal requirements, HUD is seeking to Use Agreement, the Agreement can be 26, 1996, and took effect on October 1, expedite the smooth transition to the terminated at the request of the Indian 1997. NAHASDA requires HUD to make IHBG program. Accordingly, Question Housing Authority (or successor entity). grants on behalf of Indian tribes to carry 42 is amended by this notice to remove The funds can then be used for any out affordable housing activities. A final the reference to homeownership unit housing activity, community facility or rule to implement NAHASDA and sales proceeds, and Questions 42A and economic development activity. establish the IHBG Program was 42B are added to provide guidance on 3. On page 4085, in column 3, a new published on March 12, 1998, (63 FR the treatment of these proceeds. Question 42B and Answer 42B are 12334), with an effective date of April In addition to addressing added to read as follows: 13, 1998. homeownership unit sales proceeds, Question 42B. What Federal NAHASDA also required the this notice also revises Question 46 to requirements would apply to the publication of a notice in the Federal extend and clarify the applicability of proceeds from the sale of Register to establish any requirements PIH Notice 96–33 to cash management homeownership units? necessary for the transition from the and investment policies and procedures. Answer 42B. The use of proceeds are provision of assistance for Indian tribes not subject to any Federal requirements, and Indian housing authorities under II. Revisions to the January 27, 1998 except that the funds must be used for the 1937 Act and other related Transition Notice the activities set forth in Answer 42A. provisions of law to the provision of Accordingly, FR Doc. 98–1939, the 4. On page 4086, in column 1, Answer assistance in accordance with Indian Housing Block Grant Program— 46 is revised to read as follows NAHASDA. An initial transition notice Revised Notice of Transition (Question 46 is republished for the was published on January 27, 1997 (62 Requirements, published in the Federal convenience of readers): Question 46. What cash management FR 3972), with revisions published on Register January 27, 1998, 63 FR 4076, February 24, 1997 (62 FR 8258), January and investment policies and procedures is amended as follows: 27, 1998 (63 FR 4076), April 15, 1998 are in effect as of October 1, 1997? 1. On page 4085, in column 3, (63 FR 18804), and October 2, 1998 (63 Answer 46. Current procedures Question 42 and Answer 42 are revised FR 53084). outlined in PIH Notice 96–33 (HA) This revision to the transition notice to read as follows: dated June 4, 1996, extended by Notice requirements addresses the treatment of Question 42. What happens to rental 98–46 (HA) dated September 1, 1998, proceeds from the sale of and homeownership operating reserves, titled ‘‘Required HA Cash Management homeownership units. Question 42 in mutual help equity accounts under the and Investment Policies and the transition notice revision published Mutual Help Homeownership Procedures’’ will continue to apply to on January 27, 1998 treated proceeds Opportunity Program, and earned home 1937 Act funds which are held in from the sale of homeownership units payment accounts under the Turnkey III reserve accounts until further notice. the same as rental and homeownership program? Please note, however, that sections 7(c) operating reserves, mutual help equity Answer 42. Section 210 of NAHASDA and 8 of Notice 98–46 do not apply to accounts under the Mutual Help states that any funds for programs for 1937 Act funds. Also, the limit on Homeownership Opportunity Program, low-income housing under the United maturity dates outlined in section 6 of and earned home payment accounts States Housing Act of 1937 that, on the Notice 96–33 does not apply. date of the applicability of the Act, are under the Turnkey III programs for Authority: 25 U.S.C. 4116(a). purposes of section 210 of NAHASDA. owned by, or in the possession or under Dated: March 26, 1999. Section 210 states that any funds for the control of, the IHA for the tribe, programs for low-income housing under including all reserves not otherwise Harold Lucas, the United States Housing Act of 1937 obligated, shall be considered assistance Assistant Secretary for Public and Indian that, on the date of the applicability of under the Act and subject to the Housing. NAHASDA, are owned by, or in the provisions of this Act relating to use of [FR Doc. 99–8030 Filed 3–29–99; 2:09 pm] possession or under the control of, the such assistance. In other words, the BILLING CODE 4210±33±P IHA for the tribe, including all reserves funds are considered assistance under not otherwise obligated, shall be NAHASDA and are subject to considered assistance under NAHASDA NAHASDA requirements. The funds in DEPARTMENT OF THE INTERIOR and subject to the NAHASDA the accounts are also subject to existing provisions relating to use of such agreements with the homebuyers. Fish and Wildlife Service 2. On page 4085, in column 3, a new assistance. Notice of Receipt of Applications for Question 42A and Answer 42A are In response to inquiries, HUD has Permit reconsidered Question 42 and added to read as follows: determined that section 210 of Question 42A. Can proceeds from the The following applicants have NAHASDA does not apply to the sale of homeownership units be used for applied for a permit to conduct certain

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ACTION: Notice of availability of report The applicant requests a permit to and request for comments. import DNA samples of mantled howler PRT–835367 monkeys (Alouatta palliatta) from Costa Applicant: Joseph Cavallaro, Frankford, WV SUMMARY: This notice announces the Rica. Samples were collected from availability of the Ballast Exchange animals as part of a study on wild The applicant requests a permit to Study: Consideration of Back-Up populations authorized by the import a polar bear (Ursus maritimus) Exchange Zones and Environmental Government of Costa Rica. This notice sport-hunted from the Lancaster Sound Effects of Ballast Exchange and Ballast covers activities conducted by the polar bear population, Northwest Release and requests comments as to its applicant for a period of five years. Territories, Canada for personal use. scientific and technical accuracy and PRT–843425 PRT–009656 completeness. In addition, comments are requested on whether the ballast Applicant: Nashville Zoo, Joelton, TN Applicant: Daniel L. Heyne, Coldwater, OH exchange study on which the report is The applicant requests a permit to The applicant requests a permit to based can be adopted as fulfilling the export two captive born White tigers import a polar bear (Ursus maritimus) requirements of section 1102(a)(1) of the (Panthera tigris) to the Cango Wildlife sport-hunted from the Northern Nonindigenous Aquatic Nuisance Ranch, Oudtshoorn, South Africa for the Beaufort Sea polar bear population, Prevention and Control Act of 1990. purpose of enhancement of the survival Northwest Territories, Canada for DATES: Comments on the Report and of the species through conservation personal use. whether the Ballast Exchange Study education. requirements of the Act have been met PRT–008720 PRT–009133 are requested by May 3, 1999. Applicant: Steig Johnson, Berkeley, CA Applicant: John J. Jackson III, Metairie, LA ADDRESSES: Copies of the Report can be obtained from the Aquatic Nuisance The applicant requests a permit in The applicant requests a permit to Species Task Force, 4401 North Fairfax affiliation with the University of Texas, import a polar bear (Ursus maritimus) Drive, Suite 851, Arlington, Virginia to import blood and hair samples from sport-hunted from the Lancaster Sound 22203–1622. Comments should be sent Brown lemurs (Eulemur fulvus) polar bear population, Northwest to the same address.. collected in the wild in Madagascar, for Territories, Canada for personal use. the purpose of scientific research. FOR FURTHER INFORMATION CONTACT: Written data or comments, requests Robert A. Peoples, Executive Secretary, PRT–009565 for copies of the complete application, Aquatic Nuisance Species Task Force at Applicant: Fort Worth Zoological Gardens, or requests for a public hearing on this 703–358–2025 or by e-mail at: Fort Worth, TX application should be sent to the U.S. [email protected]. The applicant requests a permit to Fish and Wildlife Service, Office of SUPPLEMENTARY INFORMATION: Section import one male and one female Management Authority, 4401 N. Fairfax 1102(a)(1) of the Nonindigenous captive-born Indochinese tigers Drive, Room 700, Arlington, Virginia Aquatic Nuisance Prevention and (Panthera tigris corbetti) from the 22203, telephone 703/358–2104 or fax Control Act of 1990 (16 U.S.C. Singapore Zoological Gardens, 703/358–2281 and must be received 4712(a)(1)) directs the Aquatic Nuisance Singapore for the purpose of within 30 days of the date of publication Species Task Force established by that enhancement of the survival of the of this notice. Anyone requesting a statute to conduct a Ballast Exchange species through captive propagation. hearing should give specific reasons Study. The purposes of the Study are to PRT–009590 why a hearing would be appropriate. (1) assess the environmental effects of ballast water exchange on the diversity Applicant: Indianapolis Zoological Society, The holding of such a hearing is at the Inc., Indianapolis, IN discretion of the Director. and abundance of native species in U.S. waters and (2) identify areas in U.S. The applicant requests a permit to Documents and other information waters and the Exclusive Economic import two wild and two captive-bred submitted with the application are Zone where ballast exchange is not Grand Cayman ground iguana (Cyclura available for review, subject to the likely to result in new infestations of nubila lewisi) from the National Trust requirements of the Privacy Act and nonindigenous species nor spread for the Cayman Islands, Cayman Islands, Freedom of Information Act, by any aquatic nuisance species. British West Indies for the purpose of party who submits a written request for In 1993, scientists with extensive enhancement of the survival of the a copy of such documents to the above experience studying biological species through captive propagation. address within 30 days of the date of invasions, including ballast water, Written data or comments should be publication of this notice. proposed to the u.S. Environmental submitted to the Director, U.S. Fish and Dated: March 26, 1999. Protection Agency (EPA) and National Wildlife Service, Office of Management Oceanic and Atmospheric Authority, 4401 North Fairfax Drive, MaryEllen Amtower, Administration (NOAA) that those Room 700, Arlington, Virginia 22203 Acting Chief, Branch of Permits, Office of agencies fund a ballast exchange study. and must be received by the Director Management Authority. Although both agencies are represented within 30 days of the date of this [FR Doc. 99–8002 Filed 3–31–99; 8:45 am] on the ANS Task Force and Task Force publication. BILLING CODE 4310±55±P staff were aware of the proposal, the

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ANS Task Force did not commission the DEPARTMENT OF THE INTERIOR line from the bottom, add E1⁄2 to read: study. The principal investigators Sec. 29, E1⁄2E1⁄2; (Non-Federal Surface assembled a team of biological invasion Bureau of Land Management and Federal Subsurface) 180.10 acres. scientists and physical oceanographers [OR±030±09±1220±04:GP9±0129] (5) On page 68794, in the third line from to conduct a study and submitted their the bottom, add NE1⁄4SE1⁄4 to read: Sec. report to the ANS Task Force and Notice of Special Recreation Permit 2, lot 4, S1⁄2NW1⁄4, N1⁄2SE1⁄4, SW1⁄4SE1⁄4; NOAA in November 1998. Both EPA Requirements, Wallowa/Grande Ronde (State Surface and Subsurface) 237.42 and NOAA have accepted the report and Rivers acres. FOR FURTHER INFORMATION CONTACT: authorized its release. AGENCY: Bureau of Land Management, Roger G. Taylor, Field Manager, Arizona The ANS Task Force is now Interior, Vale District Baker Resource Strip Field Office, 345 East Riverside considering whether to adopt this Area. Drive, St. George, Utah 84790, (435) volunteered study as fulfilling its ACTION: Notice of Special Recreation 688–3200. responsibilities under section 1102(a)(1) Permit Requirements, Wallowa/Grande of the Act (16 U.S.C. 4712(a)(1)). A key Ronde Rivers, Oregon and Washington. Dated: February 16, 1999. factor in those deliberations is the Roger G. Taylor, SUMMARY: scientific and technical accuracy and Withdrawn. Arizona Strip Field Manager. completeness of the November 1998 Additional Information [FR Doc. 99–7970 Filed 3–31–99; 8:45 am] report of the volunteered study. BILLING CODE 4310±32±P Federal Register Notice #OR–030–09– Dated: March 26, 1999. 1220–04:GP9–0996 (64 FR 9347, Feb. Hannibal Bolton, 25, 1999), is withdrawn. New DEPARTMENT OF THE INTERIOR Acting Co-Chair, Aquatic Nuisance Species regulations regarding the permit system Task Force, Acting Assistant Director— for the Wallowa/Grande Ronde Rivers Minerals Management Service Fisheries. will be forthcoming. Agency Information Collection [FR Doc. 99–7976 Filed 3–31–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: Activities: Submission for Office of BILLING CODE 4310±55±M Baker Resource Area, 3165 10th St., Baker City, Oregon 97814, Telephone Management and Budget Review; (541) 523–1256. Comment Request DEPARTMENT OF THE INTERIOR Penelope J. Woods, AGENCY: Minerals Management Service Baker Resource Area Manager. (MMS), Interior. Bureau of Land Management [FR Doc. 99–8032 Filed 3–31–99; 8:45 am] ACTION: Notice of extension of a BILLING CODE 4310±33±M currently approved information [OR±125±08±1430±00; GP9.±0148 ; OR collection. 53620] DEPARTMENT OF THE INTERIOR SUMMARY: As part of its continuing effort Notice of Realty Action: Direct Sale of to reduce paperwork and respondent Public Land in Coos County, Oregon Bureau of Land Management burden, MMS invites the public and [AZ±930±1430±01; AZA±30820] other Federal agencies to comment on a AGENCY: Bureau of Land Management proposal to extend the currently (BLM), Interior. Notice of Proposed Withdrawal; approved collection of information discussed below. The Paperwork ACTION: Arizona Correction notice. Reduction Act of 1995 (PRA) provides AGENCY: Bureau of Land Management, that an agency may not conduct or SUMMARY: In Federal Register, Volume Interior. sponsor, and a person is not required to 63, Page 70419, Number 244 of Monday, ACTION: Notice; Correction. respond to, a collection of information December 21, 1998, Notices, under the unless it displays a currently valid SUMMARY: SUMMARY heading, add the following In a notice published in the Office of Management and Budget paragraph: The mineral interest being Federal Register December 14, 1998, the (OMB) control number. offered for conveyance have no known Secretary of the Interior proposed to withdraw approximately 605,350 acres DATES: Submit written comments by mineral values and may be conveyed May 3, 1999. simultaneously, in accordance with of Federal lands and minerals to protect the native biodiversity and the ADDRESSES: Submit comments and Section 209 of the Federal Land Policy ecological richness of the Shivwits suggestions directly to the Office of and Management Act. Acceptance of the Plateau area in northwestern Arizona. Information and Regulatory Affairs, direct sale offer will qualify the The document contained five legal OMB, Attention: Desk Officer for the purchaser to make application for description errors. Department of the Interior (OMB conveyance of those mineral interests. In the Federal Register issue of Control Number 1010–0118), 725 17th Purchasers must submit a non December 14, 1998, in FR Doc. 98– Street, NW, Washington, DC 20503. refundable $50.00 filing fee for the 33046: (1) On page 68789, in the ninth Send a copy of your comments to the conveyance of the mineral estate upon line, add (Private Surface). (2) On page Minerals Management Service, request by the Bureau of Land 68789, in the thirteenth line, change the Attention: Anne Ewell, Mail Stop 4024, Management. SE1⁄4 to the NE1⁄4 to read: Sec. 10, NE1⁄4, 381 Elden Street, Herndon, Virginia 1 1 1 1 1 20170–4817. Dated: March 23, 1999. N ⁄2NW ⁄4, SE ⁄4NW ⁄4, and S ⁄2; 600.00 acres. (3) On page 68790, in the forty FOR FURTHER INFORMATION CONTACT: For Sue E. Richardson, second line, change S1⁄4 to S1⁄2 to read: questions concerning the electronic District Manager. Sec. 5, lots 1 to 4, inclusive, S1⁄2N1⁄2 and spreadsheets, please contact Larry [FR Doc. 99–8031 Filed 3–31–99; 8:45 am] S1⁄2; (Non-Federal Subsurface) 633.84 Barker, Division of Verification, BILLING CODE 4310±84±P acres. (4) On page 68792, in the fifteenth telephone (303) 231–3157, FAX (303)

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231–3189, e-mail address: reduced. This is because only one (b) Are the estimates of the burden [email protected]. For purchaser need report one or two lines hours of the proposed collection questions concerning this collection of of data on aggregated volumes from a reasonable? information, please contact Anne Ewell, multi-lease property, rather than (c) Do you have any suggestions that Royalty-in-Kind Study Team, telephone multiple lessee/producers each would enhance the quality, clarity, or (703) 787–1584. You may also obtain reporting at the detailed revenue source usefulness of the information to be copies of this collection of information level that in-value royalty payments collected? by contacting MMS’s Information would require for the same properties. Collection Clearance Officer at (202) The electronic spreadsheets (d) Is there a way to minimize the 208–7744. automatically allocate data needed by information collection burden on SUPPLEMENTARY INFORMATION: MMS to revenue source levels on Form respondents, including through the use Title: Royalty-in-Kind (RIK) Pilot MMS–2014, reducing complexity of of appropriate automated electronic, Program Spreadsheets: Federal Oil and reporting. This is made possible because mechanical, or other forms of Gas Purchase System and Joint Effort— MMS enters necessary reference data information technology? Royalty Oil and Gas Purchase System. (e.g., ownership percentages) into the (2) In addition, the PRA requires Abstract: The Secretary of the Interior, spreadsheets before providing them to agencies to estimate the total annual under the Mineral Leasing Act (30 purchasers. Further, the spreadsheet for reporting and recordkeeping ‘‘cost’’ joint Federal and State production will U.S.C. 192) and the Outer Continental burden to respondents or recordkeepers also automatically create a report Shelf Lands Act (43 U.S.C. 1353), is resulting from the collection of acceptable to the State of Wyoming for responsible for the management of information. We need to know if you royalties on minerals produced from production from properties offered jointly by MMS and the State. have costs associated with the collection leased Federal lands. MMS carries out of this information for either total these responsibilities for the Secretary. On November 27, 1998, MMS capital and startup cost components or The Report of Sales and Royalty published a 60-day Federal Register annual operation, maintenance, and Remittance, Form MMS–2014, is the Notice (63 FR 65610) soliciting only document used by MMS’s comments on using the optional purchase of service components. Your automated Auditing and Financial electronic spreadsheets (both Federal estimates should consider the costs to System (AFS) to input royalty-related only and joint Federal and State generate, maintain, and disclose or financial data from lessees, payors, and versions) to create a Form MMS–2014 provide the information. You should purchasers. MMS has undertaken when reporting purchases of the describe the methods you use to several pilot programs to study the Government’s royalty oil. Although the estimate major cost factors, including feasibility of taking the Government’s spreadsheets were in use before and system and technology acquisition, royalty in the form of production, that during the comment period, no expected useful life of capital is, as RIK. MMS has made available at comments were received. However, equipment, discount rate(s), and the no cost two versions of an electronic during contact with purchasers in the period over which you incur costs. spreadsheet for RIK purchasers to use to Wyoming Pilot I, Phase 1, MMS found Capital and startup costs include, simply create an electronic Form MMS– that the purchasers were pleased with among other items, computers and 2014 to accompany their payments for the new process. Purchasers preferred software you purchase to prepare for Federal RIK, since they will not need to MMS’s electronic spreadsheets to any collecting information; monitoring, use the full range of reporting other method. Additionally, those sampling, drilling, and testing instructions and methods on the form. reporting on properties combining equipment; and record storage facilities. MMS will use the information to Federal and State production located in Generally, your estimates should not conduct its automated accounting, the State of Wyoming were particularly include equipment or services pleased that, once sufficient data to verification, and distribution activities purchased: (i) Before October 1, 1995; prepare a report to MMS had been and to support disbursement of royalty (ii) to comply with requirements not entered for those agreements, the revenues to the Treasury and States that associated with the information have an interest in Federal revenues. electronic spreadsheets automatically calculated and produced reports collection; (iii) for reasons other than to MMS will protect proprietary provide information or keep records for information submitted on Form MMS– acceptable to the State. the Government; or (iv) as part of 2014 under applicable Department Estimated Number of Respondents: 4 customary and usual business or private regulations at 43 CFR part 2. No items in year 1; 5 in year 2; and 10 in year 3. of a sensitive nature are collected. The Estimated Total Annual Burden on practices. requirement to respond is mandatory. Respondents: 49 hours in year 1; 330 in MMS Information Collection Burden Statement: The reporting year 2; and 330 in year 3. Clearance Officer: Jo Ann Lauterbach burden is estimated to average 2 Frequency of Collection: Monthly. (202) 208–7744. minutes per response (line of data) Comments: In calculating the burden, Dated: March 22, 1999. including the time for reviewing the we assume that respondents perform Lucy Querques Denett, instructions, gathering and maintaining many of the requirements and maintain the data, entering the data on the records in the normal course of their Associate Director for Royalty Management. spreadsheets, and reviewing the activities. We consider these usual and [FR Doc. 99–7967 Filed 3–31–99; 8:45 am] output—a completed Form MMS–2014. customary and take that into account in BILLING CODE 4310±MR±P This collection of RIK purchaser estimating the burden. information represents a significant net (1) We specifically solicit your reduction in burden compared to the comments on the following questions: collection of information on in-value (a) Is the proposed collection of transactions. While a few new information necessary for us to properly companies may report, the overall perform our functions and will it be number of respondents is greatly useful?

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INTERNATIONAL TRADE Singapore, Sweden, and the United World Wide Web site at http:// COMMISSION Kingdom would be likely to lead to www.usitc.gov/rules.htm. [(Invs. Nos. AA1921±143 (Review) and 731- continuation or recurrence of material EFFECTIVE DATE: April 1, 1999. TA±341, 343±345, 391±397, and 399 injury. Pursuant to section 751(c)(2) of FOR FURTHER INFORMATION CONTACT: (Review))] the Act, interested parties are requested Mary Messer (202–205–3193) or Vera to respond to this notice by submitting Libeau (202–205–3176), Office of Certain Bearings From China, France, the information specified below to the Investigations, U.S. International Trade Germany, Hungary, Italy, Japan, Commission; 1 to be assured of Commission, 500 E Street SW, Rroania, Singapore, Sweden, and the consideration, the deadline for Washington, DC 20436. Hearing- United Kingdom responses is May 21, 1999. Comments impaired persons can obtain AGENCY: United States International on the adequacy of responses may be information on this matter by contacting Trade Commission. filed with the Commission by June 14, the Commission’s TDD terminal on 202– 205–1810. Persons with mobility ACTION: Institution of five-year reviews 1999. concerning the antidumping duty orders For further information concerning impairments who will need special on certain bearings from China, France, the conduct of these reviews and rules assistance in gaining access to the Commission should contact the Office Germany, Hungary, Italy, Japan, of general application, consult the of the Secretary at 202–205–2000. Romania, Singapore, Sweden, and the Commission’s Rules of Practice and General information concerning the United Kingdom. Procedure, part 201, subparts A through Commission may also be obtained by E (19 CFR part 201), and part 207, SUMMARY: The Commission hereby gives accessing its internet server (http:// subparts A, D, E, and F (19 CFR part notice that it has instituted reviews www.usitc.gov). 207). Recent amendments to the Rules pursuant to section 751(c) of the Tariff SUPPLEMENTARY INFORMATION: Act of 1930 (19 U.S.C. 1675(c)) (the Act) of Practice and Procedure pertinent to to determine whether revocation of the five-year reviews, including the text of Background antidumping duty orders on certain subpart F of part 207, are published at On the dates listed below, bearings from China, France, Germany, 63 FR 30599, June 5, 1998, and may be antidumping duty orders were issued on Hungary, Italy, Japan, Romania, downloaded from the Commission’s the subject imports:

Order date Product/country Inv. No. F.R. cite

8/18/76 ...... Tapered roller bearings, 4′′ and under/Japan ...... AA1921±143 41 F.R. 34974 6/15/87 ...... Tapered roller bearings/China ...... 731±TA±344 52 F.R. 22667 6/19/87 ...... Tapered roller bearings/Hungary ...... 731±TA±341 52 F.R. 23319 6/19/87 ...... Tapered roller bearings/Romania ...... 731±TA±345 52 F.R. 23320 10/6/87 ...... Tapered roller bearings, over 4′′/Japan ...... 731±TA±343 52 F.R. 37352 5/15/89 ...... Ball, cylindrical roller, and spherical plain bearings/Germany ...... 731±TA±391 54 F.R. 20900 5/15/89 ...... Ball, cylindrical roller, and spherical plain bearings/France ...... 731±TA±392 54 F.R. 20902 5/15/89 ...... Ball and cylindrical roller bearings/Italy ...... 731±TA±393 54 F.R. 20903 5/15/89 ...... Ball, cylindrical roller, and spherical plain bearings/Japan ...... 731±TA±394 54 F.R. 20904 5/15/89 ...... Ball bearings/Romania ...... 731±TA±395 54 F.R. 20906 5/15/89 ...... Ball bearings/Singapore ...... 731±TA±396 54 F.R. 20907 5/15/89 ...... Ball and cylindrical roller bearings/Sweden ...... 731±TA±397 54 F.R. 20907 5/15/89 ...... Ball and cylindrical roller bearings/United Kingdom ...... 731±TA±399 54 F.R. 20910

The Commission is conducting institution to determine whether to Definitions.—The following reviews to determine whether conduct full reviews or expedited definitions apply to these reviews: revocation of the orders would be likely reviews. The Commission’s (1) Subject Merchandise is the class or to lead to continuation or recurrence of determinations in any expedited kind of merchandise that is within the material injury to the domestic industry reviews will be based on the facts scope of the five-year reviews, as within a reasonably foreseeable time. It available, which may include defined by the Department of will assess the adequacy of interested information provided in response to this Commerce. party responses to this notice of notice.

1 No response to this request for information is expiration date June 30, 1999. Public reporting the Office of Investigations, U.S. International Trade required if a currently valid Office of Management burden for the request is estimated to average 7 Commission, 500 E Street, SW, Washington, DC and Budget (OMB) number is not displayed; the hours per response. Please send comments 20436. OMB number is 3117–0016/USITC No. 99–5–002, regarding the accuracy of this burden estimate to

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(2) The Subject Countries in these roller bearings from Hungary, China, the APO issued in the reviews, provided reviews are China, France, Germany, and Romania (Invs. Nos. 341, 344, and that the application is made no later Hungary, Italy, Japan, Romania, 345), the Commission found one than 21 days after publication of this Singapore, Sweden, and the United Domestic Industry devoted to the notice in the Federal Register. Kingdom. production of the Domestic Like Authorized applicants must represent (3) The Domestic Like Product is the Product, as defined above. In its original interested parties, as defined in 19 domestically produced product or determinations concerning antifriction U.S.C. 1677(9), who are parties to the products which are like, or in the bearings (other than tapered roller reviews. A separate service list will be absence of like, most similar in bearings) and parts thereof from maintained by the Secretary for those characteristics and uses with, the Germany, France, Italy, Japan, Romania, parties authorized to receive BPI under Subject Merchandise. In its original Singapore, Sweden, and the United the APO. determination concerning tapered roller Kingdom (Investigations Nos. 731–TA– bearings, 4 inches & under from Japan 391–397 and 399), the Commission Certification (Inv. No. AA1921–143), the Commission made affirmative determinations with Pursuant to section 207.3 of the did not specifically define the Domestic respect to three Domestic Industries, Commission’s rules, any person Like Product; however, in its original each devoted to the production of one submitting information to the determinations concerning tapered of the three Domestic Like Products, as Commission in connection with these roller bearings, over 4 inches from Japan defined above. One Commissioner reviews must certify that the (Inv. No. 731–TA–343) and tapered defined the Domestic Industry information is accurate and complete to roller bearings from Hungary, China, differently. For purposes of this notice, the best of the submitter’s knowledge. In and Romania (Invs. Nos. 341, 344, and you should report information on six making the certification, the submitter 345), the Commission found one Domestic Industries, each devoted to the will be deemed to consent, unless Domestic Like Product: tapered roller production of one of the following six otherwise specified, for the bearings and parts thereof—finished or Domestic Like Products: (1) tapered Commission, its employees, and unfinished; flange, take-up cartridge, roller bearings, (2) tapered roller contract personnel to use the and hanger units incorporating tapered bearings, 4 inches and under, (3) information provided in any other roller bearings, and tapered roller tapered roller bearings, over 4 inches, reviews or investigations of the same or housings (except pillow blocks) (4) ball bearings, (5) cylindrical roller comparable products which the incorporating tapered rollers, with or bearings, and (6) spherical pl ain Commission conducts under Title VII of without spindles, and whether or not for bearings. the Act, or in internal audits and automotive use. In its original (5) The Order Dates are the dates that investigations relating to the programs determinations concerning antifriction the antidumping duty orders under and operations of the Commission bearings (other than tapered roller review became effective. In these pursuant to 5 U.S.C. Appendix 3. bearings) and parts thereof from reviews, the Order Dates are as shown Germany, France, Italy, Japan, Romania, in the preceding tabulation. Written Submissions Singapore, Sweden, and the United (6) An Importer is any person or firm Kingdom (Investigations Nos. 731–TA– engaged, either directly or through a Pursuant to section 207.61 of the 391–397 and 399), the Commission parent company or subsidiary, in Commission’s rules, each interested made affirmative determinations with importing the Subject Merchandise into party response to this notice must respect to each of the following three the United States from a foreign provide the information specified Domestic Like Products: (1) ball manufacturer or through its selling below. The deadline for filing such bearings, (2) cylindrical roller bearings, agent. responses is May 21, 1999. Pursuant to and (3) spherical plain bearings. One section 207.62(b) of the Commission’s Commissioner defined the Domestic Participation in the Reviews and Public rules, eligible parties (as specified in Like Product differently. For purposes Service List Commission rule 207.62(b)(1)) may also of this notice, you should report Persons, including industrial users of file comments concerning the adequacy information separately on each of the the Subject Merchandise and, if the of responses to the notice of institution following six Domestic Like Products: merchandise is sold at the retail level, and whether the Commission should (1) tapered roller bearings, (2) tapered representative consumer organizations, conduct expedited or full reviews. The roller bearings, 4 inches and under, (3) wishing to participate in the reviews as deadline for filing such comments is tapered roller bearings, over 4 inches, parties must file an entry of appearance June 14, 1999. All written submissions (4) ball bearings, (5) cylindrical roller with the Secretary to the Commission, must conform with the provisions of bearings, and (6) spherical plain as provided in section 201.11(b)(4) of sections 201.8 and 207.3 of the bearings. the Commission’s rules, no later than 21 Commission’s rules and any (4) The Domestic Industry is the U.S. days after publication of this notice in submissions that contain BPI must also producers as a whole of the Domestic the Federal Register. The Secretary will conform with the requirements of Like Product, or those producers whose maintain a public service list containing sections 201.6 and 207.7 of the collective output of the Domestic Like the names and addresses of all persons, Commission’s rules. The Commission’s Product constitutes a major proportion or their representatives, who are parties rules do not authorize filing of of the total domestic production of the to the reviews. submissions with the Secretary by product. In its original determination facsimile or electronic means. Also, in concerning tapered roller bearings, 4 Limited Disclosure of Business accordance with sections 201.16(c) and inches & under from Japan (Inv. No. Proprietary Information (BPI) Under an 207.3 of the Commission’s rules, each AA1921–143), the Commission did not Administrative Protective Order (APO) document filed by a party to the reviews specifically define the Domestic and APO Service List must be served on all other parties to Industry; however, in its original Pursuant to section 207.7(a) of the the reviews (as identified by either the determinations concerning tapered Commission’s rules, the Secretary will public or APO service list as roller bearings, over 4 inches from Japan make BPI submitted in these reviews appropriate), and a certificate of service (Inv. No. 731–TA–343) and tapered available to authorized applicants under must accompany the document (if you

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If you are a union/worker Inability To Provide Requested information requested by the group or trade/business association, Information Commission. provide the information, on an Pursuant to section 207.61(c) of the (4) A statement of the likely effects of aggregate basis, for the firms in Commission’s rules, any interested the revocation of the antidumping which your workers are employed/ party that cannot furnish the duty orders on each Domestic which are members of your information requested by this notice in Industry for which you are filing a association. the requested form and manner shall response in general and/or your (a) Production (quantity) and, if notify the Commission at the earliest firm/entity specifically. In your known, an estimate of the possible time, provide a full explanation response, please discuss the various percentage of total U.S. production of why it cannot provide the requested factors specified in section 752(a) of of each Domestic Like Product information, and indicate alternative the Act (19 U.S.C. 1675a(a)) accounted for by your firm’s(s’) forms in which it can provide including the likely volume of production; and equivalent information. If an interested subject imports, likely price effects (b) the quantity and value of U.S. party does not provide this notification of subject imports, and likely commercial shipments of each (or the Commission finds the impact of imports of Subject Domestic Like Product produced in explanation provided in the notification Merchandise on the Domestic your U.S. plant(s). inadequate) and fails to provide a Industry. (8) If you are a U.S. importer or a trade/ complete response to this notice, the (5) A list of all known and currently business association of U.S. Commission may take an adverse operating U.S. producers of each importers of the Subject inference against the party pursuant to Domestic Like Product for which Merchandise from the Subject section 776(b) of the Act in making its you are filing a response. Identify Countries, provide the following determinations in the reviews. any known related parties and the information on your firm’s(s’) nature of the relationship as defined operations on that product during Information To Be Provided in in section 771(4)(B) of the Act (19 calendar year 1998 (report quantity Response to This Notice of Institution U.S.C. 1677(4)(B)). data in thousands of units and Please provide the requested (6) A list of all known and currently value data in thousands of U.S. information separately for each operating U.S. importers of the dollars). If you are a trade/business Domestic Like Product, as defined Subject Merchandise and producers association, provide the above, and for each of the products of the Subject Merchandise in the information, on an aggregate basis, identified by Commerce as Subject Subject Countries that currently for the firms which are members of Merchandise. If you are a domestic export or have exported Subject your association. (a) The quantity and value (landed, producer, union/worker group, or trade/ Merchandise to the United States or duty-paid but not including business association; import/export other countries since the years the antidumping or countervailing Subject Merchandise from more than petitions were filed. The Subject duties) of U.S. imports and, if one Subject Country; or produce Subject Merchandise, the Subject Countries, known, an estimate of the Merchandise in more than one Subject and the years the petitions were percentage of total U.S. imports of Country, you may file a single response. filed are listed below: Subject Merchandise from the If you do so, please ensure that your Subject Countries accounted for by response to each question includes the Subject merchandise/ Subject country Years your firm’s(s’) imports; and information requested for each pertinent (b) the quantity and value (f.o.b. U.S. Subject Country. As used below, the Tapered roller bearings, 4′′ & under/ port, including antidumping and/or term ‘‘firm’’ includes any related firms. Japan ...... 1973 countervailing duties) of U.S. (1) The name and address of your firm Tapered roller bearings/China, Hun- commercial shipments of Subject or entity (including World Wide gary, and Romania ...... 1986 ′′ Merchandise imported from the Web address if available) and name, Tapered roller bearings, over 4 Japan ...... 1986 Subject Countries. telephone number, fax number, and Ball, cylindrical roller, and spherical (9) If you are a producer, an exporter, or E-mail address of the certifying plain bearings/France ...... 1988 a trade/business association of official. Ball, cylindrical roller, and spherical producers or exporters of the (2) A statement indicating whether your plain bearings/Germany ...... 1988 Subject Merchandise in the Subject firm/entity is a U.S. producer of the Ball and cylindrical roller bearings/ Countries, provide the following Domestic Like Product to which Italy ...... 1988 information on your firm’s(s’) your response pertains, a U.S. Ball, cylindrical roller, and spherical operations on that product during union or worker group, a U.S. plain bearings/Japan ...... 1988 calendar year 1998 (report quantity importer of the Subject Ball bearings/Romania ...... 1988 Ball bearings/Singapore ...... 1988 data in thousands of units and Merchandise, a foreign producer or Ball and cylindrical roller bearings/ value data in thousands of U.S. exporter of the Subject Sweden ...... 1988 dollars, landed and duty-paid at the Merchandise, a U.S. or foreign trade Ball and cylindrical roller bearings/ U.S. port but not including or business association, or another United Kingdom ...... 1988 antidumping or countervailing interested party (including an duties). If you are a trade/business explanation). If you are a union/ (7) If you are a U.S. producer of a association, provide the worker group or trade/business Domestic Like Product, provide the information, on an aggregate basis, association, identify the firms in following information separately on for the firms which are members of which your workers are employed your firm’s operations on each your association. or which are members of your product during calendar year 1998 (a) Production (quantity) and, if association. (report quantity data in thousands known, an estimate of the

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percentage of total production of INTERNATIONAL TRADE the Commission’s TDD terminal on 202– Subject Merchandise in the Subject COMMISSION 205–1810. Persons with mobility Countries accounted for by your impairments who will need special firm’s(s’) production; and [Investigation No. 731±TA±377 assistance in gaining access to the (Review)] (b) the quantity and value of your Commission should contact the Office of the Secretary at 202–205–2000. firm’s(s’) exports to the United Internal Combustion Industrial Forklift General information concerning the States of Subject Merchandise and, Trucks From Japan Commission may also be obtained by if known, an estimate of the accessing its internet server (http:// percentage of total exports to the AGENCY: United States International www.usitc.gov). United States of Subject Trade Commission. SUPPLEMENTARY INFORMATION: Merchandise from the Subject ACTION: Institution of a five-year review Countries accounted for by your concerning the antidumping duty order Background on internal combustion industrial firm’s(s’) exports. On June 7, 1988, the Department of forklift trucks from Japan. (10) Identify significant changes, if any, Commerce issued an antidumping duty in the supply and demand SUMMARY: The Commission hereby gives order on imports of internal combustion conditions or business cycle for notice that it has instituted a review industrial forklift trucks from Japan (53 each Domestic Like Product that pursuant to section 751(c) of the Tariff F.R. 20882). The Commission is have occurred in the United States Act of 1930 (19 U.S.C. 1675(c)) (the Act) conducting a review to determine or in the market for the Subject to determine whether revocation of the whether revocation of the order would Merchandise in the Subject antidumping duty order on internal be likely to lead to continuation or Countries since the Order Dates, combustion industrial forklift trucks recurrence of material injury to the and significant changes, if any, that from Japan would be likely to lead to domestic industry within a reasonably are likely to occur within a continuation or recurrence of material foreseeable time. It will assess the reasonably foreseeable time. Supply injury. Pursuant to section 751(c)(2) of adequacy of interested party responses conditions to consider include the Act, interested parties are requested to this notice of institution to determine technology; production methods; to respond to this notice by submitting whether to conduct a full review or an development efforts; ability to the information specified below to the expedited review. The Commission’s increase production (including the Commission; 1 to be assured of determination in any expedited review shift of production facilities used consideration, the deadline for will be based on the facts available, which may include information for other products and the use, cost, responses is May 21, 1999. Comments provided in response to this notice. or availability of major inputs into on the adequacy of responses may be production); and factors related to filed with the Commission by June 14, Definitions 1999. the ability to shift supply among The following definitions apply to different national markets For further information concerning the conduct of this review and rules of this review: (including barriers to importation in (1) Subject Merchandise is the class or general application, consult the foreign markets or changes in kind of merchandise that is within the Commission’s Rules of Practice and market demand abroad). Demand scope of the five-year review, as defined Procedure, part 201, subparts A through conditions to consider include end by the Department of Commerce. uses and applications; the existence E (19 CFR part 201), and part 207, (2) The Subject Country in this review and availability of substitute subparts A, D, E, and F (19 CFR part is Japan. products; and the level of 207). Recent amendments to the Rules (3) The Domestic Like Product is the competition among the Domestic of Practice and Procedure pertinent to domestically produced product or five-year reviews, including the text of Like Product produced in the products which are like, or in the subpart F of part 207, are published at United States, Subject Merchandise absence of like, most similar in 63 F.R. 30599, June 5, 1998, and may be produced in the Subject Countries, characteristics and uses with, the downloaded from the Commission’s and such merchandise from other Subject Merchandise. In its original World Wide Web site at http:// countries. determination, the Commission found a www.usitc.gov/rules.htm. single Domestic Like Product: (11) A statement of whether you agree EFFECTIVE DATE: April 1, 1999. industrial, operator-riding internal with the above definitions of the FOR FURTHER INFORMATION CONTACT: combustion engine forklift trucks with a Domestic Like Product and Mary Messer (202–205–3193) or Vera weight-lift capacity of between 2,000 Domestic Industry; if you disagree Libeau (202–205–3176), Office of and 15,000 pounds (inclusive), with a with either or both of these Investigations, U.S. International Trade U.S.-produced frame. definitions, please explain why and Commission, 500 E Street SW, (4) The Domestic Industry is the U.S. provide alternative definitions. Washington, DC 20436. Hearing- producers as a whole of the Domestic Authority: These reviews are being impaired persons can obtain Like Product, or those producers whose conducted under authority of title VII of the information on this matter by contacting collective output of the Domestic Like Tariff Act of 1930; this notice is published Product constitutes a major proportion pursuant to section 207.61 of the 1 No response to this request for information is of the total domestic production of the Commission’s rules. required if a currently valid Office of Management product. In its original determination, and Budget (OMB) number is not displayed; the Issued: March 25, 1999. OMB number is 3117–0016/USITC No. 99–5–003, the Commission defined a single By order of the Commission. expiration date June 30, 1999. Public reporting Domestic Industry as U.S. producers of burden for the request is estimated to average 7 industrial, operator-riding internal Donna R. Koehnke, hours per response. Please send comments combustion engine forklift trucks with a Secretary. regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade weight-lift capacity of between 2,000 [FR Doc. 99–8071 Filed 3–31–99; 8:45 am] Commission, 500 E Street, SW, Washington, DC and 15,000 pounds (inclusive), with a BILLING CODE 7020±02±P 20436. U.S.-produced frame.

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(5) The Order Date is the date that the and operations of the Commission address if available) and name, antidumping duty order under review pursuant to 5 U.S.C. Appendix 3. telephone number, fax number, and E- became effective. In this review, the mail address of the certifying official. Written Submissions Order Date is June 7, 1988. (2) A statement indicating whether (6) An Importer is any person or firm Pursuant to section 207.61 of the your firm/entity is a U.S. producer of engaged, either directly or through a Commission’s rules, each interested the Domestic Like Product to which parent company or subsidiary, in party response to this notice must your response pertains, a U.S. union or importing the Subject Merchandise into provide the information specified worker group, a U.S. importer of the the United States from a foreign below. The deadline for filing such Subject Merchandise, a foreign producer manufacturer or through its selling responses is May 21, 1999. Pursuant to or exporter of the Subject Merchandise, agent. section 207.62(b) of the Commission’s a U.S. or foreign trade or business rules, eligible parties (as specified in association, or another interested party Participation in the Review and Public Commission rule 207.62(b)(1)) may also (including an explanation). If you are a Service List file comments concerning the adequacy union/worker group or trade/business of responses to the notice of institution Persons, including industrial users of association, identify the firms in which and whether the Commission should the Subject Merchandise and, if the your workers are employed or which are conduct an expedited or full review. merchandise is sold at the retail level, members of your association. The deadline for filing such comments representative consumer organizations, (3) A statement indicating whether is June 14, 1999. All written wishing to participate in the review as your firm/entity is willing to participate submissions must conform with the parties must file an entry of appearance in this review by providing information provisions of sections 201.8 and 207.3 with the Secretary to the Commission, requested by the Commission. of the Commission’s rules and any as provided in section 201.11(b)(4) of (4) A statement of the likely effects of submissions that contain BPI must also the Commission’s rules, no later than 21 the revocation of the antidumping duty conform with the requirements of days after publication of this notice in order on each Domestic Industry for sections 201.6 and 207.7 of the the Federal Register. The Secretary will which you are filing a response in Commission’s rules. The Commission’s maintain a public service list containing general and/or your firm/entity rules do not authorize filing of the names and addresses of all persons, specifically. In your response, please submissions with the Secretary by or their representatives, who are parties discuss the various factors specified in facsimile or electronic means. Also, in to the review. section 752(a) of the Act (19 U.S.C. accordance with sections 201.16(c) and 1675a(a)) including the likely volume of Limited Disclosure of Business 207.3 of the Commission’s rules, each subject imports, likely price effects of Proprietary Information (BPI) Under an document filed by a party to the review subject imports, and likely impact of Administrative Protective Order (APO) must be served on all other parties to imports of Subject Merchandise on the and APO Service List the review (as identified by either the Domestic Industry. public or APO service list as Pursuant to section 207.7(a) of the (5) A list of all known and currently appropriate), and a certificate of service Commission’s rules, the Secretary will operating U.S. producers of each must accompany the document (if you make BPI submitted in this review Domestic Like Product for which you are not a party to the review you do not available to authorized applicants under are filing a response. Identify any need to serve your response). the APO issued in the review, provided known related parties and the nature of that the application is made no later Inability to Provide Requested the relationship as defined in section than 21 days after publication of this Information 771(4)(B) of the Act (19 U.S.C. notice in the Federal Register. Pursuant to section 207.61(c) of the 1677(4)(B)). Authorized applicants must represent Commission’s rules, any interested (6) A list of all known and currently interested parties, as defined in 19 party that cannot furnish the operating U.S. importers of the Subject U.S.C. § 1677(9), who are parties to the information requested by this notice in Merchandise and producers of the review. A separate service list will be the requested form and manner shall Subject Merchandise in the Subject maintained by the Secretary for those notify the Commission at the earliest Country that currently export or have parties authorized to receive BPI under possible time, provide a full explanation exported Subject Merchandise to the the APO. of why it cannot provide the requested United States or other countries since 1987. Certification information, and indicate alternative forms in which it can provide (7) If you are a U.S. producer of a Pursuant to section 207.3 of the equivalent information. If an interested Domestic Like Product, provide the Commission’s rules, any person party does not provide this notification following information separately on submitting information to the (or the Commission finds the your firm’s operations on each product Commission in connection with this explanation provided in the notification during calendar year 1998 (report review must certify that the information inadequate) and fails to provide a quantity data in units and value data in is accurate and complete to the best of complete response to this notice, the thousands of U.S. dollars, f.o.b. plant). the submitter’s knowledge. In making Commission may take an adverse If you are a union/worker group or the certification, the submitter will be inference against the party pursuant to trade/business association, provide the deemed to consent, unless otherwise section 776(b) of the Act in making its information, on an aggregate basis, for specified, for the Commission, its determination in the review. the firms in which your workers are employees, and contract personnel to employed/which are members of your use the information provided in any Information To Be Provided in association. other reviews or investigations of the Response to This Notice of Institution (a) Production (quantity) and, if same or comparable products which the As used below, the term ‘‘firm’’ known, an estimate of the percentage of Commission conducts under Title VII of includes any related firms. total U.S. production of the Domestic the Act, or in internal audits and (1) The name and address of your firm Like Product accounted for by your investigations relating to the programs or entity (including World Wide Web firm’s(s’) production; and

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(b) the quantity and value of U.S. technology; production methods; of consideration, the deadline for commercial shipments of the Domestic development efforts; ability to increase responses is May 21, 1999. Comments Like Product produced in your U.S. production (including the shift of on the adequacy of responses may be plant(s). production facilities used for other filed with the Commission by June 14, (8) If you are a U.S. importer or a products and the use, cost, or 1999. trade/business association of U.S. availability of major inputs into For further information concerning importers of the Subject Merchandise production); and factors related to the the conduct of this review and rules of from the Subject Country, provide the ability to shift supply among different general application, consult the following information on your firm’s(s’) national markets (including barriers to Commission’s Rules of Practice and operations on that product during importation in foreign markets or Procedure, part 201, subparts A through calendar year 1998 (report quantity data changes in market demand abroad). E (19 CFR part 201), and part 207, in units and value data in thousands of Demand conditions to consider include subparts A, D, E, and F (19 CFR part U.S. dollars). If you are a trade/business end uses and applications; the existence 207). Recent amendments to the Rules association, provide the information, on and availability of substitute products; of Practice and Procedure pertinent to an aggregate basis, for the firms which and the level of competition among the five-year reviews, including the text of are members of your association. Domestic Like Product produced in the subpart F of part 207, are published at (a) The quantity and value (landed, United States, Subject Merchandise duty-paid but not including 63 FR 30599, June 5, 1998, and may be produced in the Subject Country, and downloaded from the Commission’s antidumping or countervailing duties) such merchandise from other countries. of U.S. imports and, if known, an World Wide Web site at http:// (11) (OPTIONAL) A statement of www.usitc.gov/rules.htm. estimate of the percentage of total U.S. whether you agree with the above imports of Subject Merchandise from definitions of the Domestic Like Product EFFECTIVE DATE: April 1, 1999. the Subject Country accounted for by and Domestic Industry; if you disagree FOR FURTHER INFORMATION CONTACT: your firm’s(s’) imports; and with either or both of these definitions, (b) the quantity and value (f.o.b. U.S. Mary Messer (202–205–3193) or Vera please explain why and provide Libeau (202–205–3176), Office of port, including antidumping and/or alternative definitions. countervailing duties) of U.S. Investigations, U.S. International Trade commercial shipments of Subject Authority: This review is being conducted Commission, 500 E Street SW, Merchandise imported from the Subject under authority of title VII of the Tariff Act Washington, DC 20436. Hearing- Country. of 1930; this notice is published pursuant to impaired persons can obtain (9) If you are a producer, an exporter, section 207.61 of the Commission’s rules. information on this matter by contacting or a trade/business association of Issued: March 25, 1999. the Commission’s TDD terminal on 202– producers or exporters of the Subject By order of the Commission. 205–1810. Persons with mobility Merchandise in the Subject Country, Donna R. Koehnke, impairments who will need special provide the following information on Secretary. assistance in gaining access to the your firm’s(s’) operations on that [FR Doc. 99–8073 Filed 3–31–99; 8:45 am] Commission should contact the Office product during calendar year 1998 BILLING CODE 7020±02±P of the Secretary at 202–205–2000. (report quantity data in units and value General information concerning the data in thousands of U.S. dollars, Commission may also be obtained by landed and duty-paid at the U.S. port INTERNATIONAL TRADE accessing its internet server (http:// but not including antidumping or COMMISSION www.usitc.gov). countervailing duties). If you are a [Investigation No. 731-TA±384 (Review)] SUPPLEMENTARY INFORMATION: trade/business association, provide the information, on an aggregate basis, for Nitrile Rubber From Japan Background the firms which are members of your association. AGENCY: United States International On June 16, 1988, the Department of (a) Production (quantity) and, if Trade Commission. Commerce issued an antidumping duty known, an estimate of the percentage of ACTION: Institution of a five-year review order on imports of nitrile rubber from total production of Subject Merchandise concerning the antidumping duty order Japan (53 FR 22553). The Commission is in the Subject Country accounted for by on nitrile rubber from Japan. conducting a review to determine your firm’s(s’) production; and whether revocation of the order would (b) the quantity and value of your SUMMARY: The Commission hereby gives be likely to lead to continuation or firm’s(s’) exports to the United States of notice that it has instituted a review recurrence of material injury to the Subject Merchandise and, if known, an pursuant to section 751(c) of the Tariff domestic industry within a reasonably estimate of the percentage of total Act of 1930 (19 U.S.C. 1675(c)) (the Act) foreseeable time. It will assess the exports to the United States of Subject to determine whether revocation of the adequacy of interested party responses Merchandise from the Subject Country antidumping duty order on nitrile to this notice of institution to determine accounted for by your firm’s(s’) exports. rubber from Japan would be likely to whether to conduct a full review or an (10) Identify significant changes, if lead to continuation or recurrence of expedited review. The Commission’s any, in the supply and demand material injury. Pursuant to section determination in any expedited review conditions or business cycle for each 751(c)(2) of the Act, interested parties will be based on the facts available, Domestic Like Product that have are requested to respond to this notice which may include information occurred in the United States or in the by submitting the information specified provided in response to this notice. market for the Subject Merchandise in below to the Commission 1 to be assured the Subject Country since the Order burden for the request is estimated to average 7 Date, and significant changes, if any, 1 No response to this request for information is hours per response. Please send comments required if a currently valid Office of Management regarding the accuracy of this burden estimate to that are likely to occur within a and Budget (OMB) number is not displayed; the the Office of Investigations, U.S. International Trade reasonably foreseeable time. Supply OMB number is 3117–0016/USITC No. 99–5–004, Commission, 500 E Street, SW, Washington, DC conditions to consider include expiration date June 30, 1999. Public reporting 20436.

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Definitions Limited Disclosure of Business 207.3 of the Commission’s rules, each The following definitions apply to Proprietary Information (BPI) Under an document filed by a party to the review this review: Administrative Protective Order (APO) must be served on all other parties to (1) Subject Merchandise is the class or and APO Service List the review (as identified by either the kind of merchandise that is within the Pursuant to section 207.7(a) of the public or APO service list as appropriate), and a certificate of service scope of the five-year review, as defined Commission’s rules, the Secretary will must accompany the document (if you by the Department of Commerce. make BPI submitted in this review are not a party to the review you do not (2) The Subject Country in this review available to authorized applicants under need to serve your response). is Japan. the APO issued in the review, provided (3) The Domestic Like Product is the that the application is made no later Inability To Provide Requested domestically produced product or than 21 days after publication of this Information products which are like, or in the notice in the Federal Register. absence of like, most similar in Pursuant to section 207.61(c) of the Authorized applicants must represent Commission’s rules, any interested characteristics and uses with, the interested parties, as defined in 19 Subject Merchandise. In its original party that cannot furnish the U.S.C. 1677(9), who are parties to the information requested by this notice in determination, the Commission found a review. A separate service list will be single Domestic Like Product: nitrile the requested form and manner shall maintained by the Secretary for those notify the Commission at the earliest rubber, regardless of acrylonitrile parties authorized to receive BPI under content, excluding nitrile rubber possible time, provide a full explanation the APO. products that contain additives, rubber of why it cannot provide the requested processing chemicals, or other material Certification information, and indicate alternative forms in which it can provide that is used for functions beyond the Pursuant to section 207.3 of the copolymerization of acrylonitrile and equivalent information. If an interested Commission’s rules, any person party does not provide this notification butadiene. submitting information to the (4) The Domestic Industry is the U.S. (or the Commission finds the Commission in connection with this producers as a whole of the Domestic explanation provided in the notification review must certify that the information Like Product, or those producers whose inadequate) and fails to provide a is accurate and complete to the best of collective output of the Domestic Like complete response to this notice, the the submitter’s knowledge. In making Product constitutes a major proportion Commission may take an adverse the certification, the submitter will be of the total domestic production of the inference against the party pursuant to deemed to consent, unless otherwise product. In its original determination, section 776(b) of the Act in making its the Commission defined a single specified, for the Commission, its determination in the review. Domestic Industry as producers of employees, and contract personnel to Information To Be Provided In nitrile rubber, regardless of acrylonitrile use the information provided in any Response To This Notice of Institution content, excluding nitrile rubber other reviews or investigations of the products that contain additives, rubber same or comparable products which the As used below, the term ‘‘firm’’ processing chemicals, or other material Commission conducts under Title VII of includes any related firms. that is used for functions beyond the the Act, or in internal audits and (1) The name and address of your firm copolymerization of acrylonitrile and investigations relating to the programs or entity (including World Wide Web butadiene. and operations of the Commission address if available) and name, (5) The Order Date is the date that the pursuant to 5 U.S.C. Appendix 3. telephone number, fax number, and E- antidumping duty order under review Written Submissions mail address of the certifying official. became effective. In this review, the (2) A statement indicating whether Order Date is June 16, 1988. Pursuant to section 207.61 of the your firm/entity is a U.S. producer of (6) An Importer is any person or firm Commission’s rules, each interested the Domestic Like Product to which engaged, either directly or through a party response to this notice must your response pertains, a U.S. union or parent company or subsidiary, in provide the information specified worker group, a U.S. importer of the importing the Subject Merchandise into below. The deadline for filing such Subject Merchandise, a foreign producer the United States from a foreign responses is May 21, 1999. Pursuant to or exporter of the Subject Merchandise, manufacturer or through its selling section 207.62(b) of the Commission’s a U.S. or foreign trade or business agent. rules, eligible parties (as specified in association, or another interested party Commission rule 207.62(b)(1)) may also (including an explanation). If you are a Participation in the Review and Public file comments concerning the adequacy union/worker group or trade/business Service List of responses to the notice of institution association, identify the firms in which Persons, including industrial users of and whether the Commission should your workers are employed or which are the Subject Merchandise and, if the conduct an expedited or full review. members of your association. merchandise is sold at the retail level, The deadline for filing such comments (3) A statement indicating whether representative consumer organizations, is June 14, 1999. All written your firm/entity is willing to participate wishing to participate in the review as submissions must conform with the in this review by providing information parties must file an entry of appearance provisions of sections 201.8 and 207.3 requested by the Commission. with the Secretary to the Commission, of the Commission’s rules and any (4) A statement of the likely effects of as provided in section 201.11(b)(4) of submissions that contain BPI must also the revocation of the antidumping duty the Commission’s rules, no later than 21 conform with the requirements of order on each Domestic Industry for days after publication of this notice in sections 201.6 and 207.7 of the which you are filing a response in the Federal Register. The Secretary will Commission’s rules. The Commission’s general and/or your firm/entity maintain a public service list containing rules do not authorize filing of specifically. In your response, please the names and addresses of all persons, submissions with the Secretary by discuss the various factors specified in or their representatives, who are parties facsimile or electronic means. Also, in section 752(a) of the Act (19 U.S.C. to the review. accordance with sections 201.16(c) and 1675a(a)) including the likely volume of

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.227 pfrm03 PsN: 01APN1 15790 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices subject imports, likely price effects of (9) If you are a producer, an exporter, Issued: March 25, 1999. subject imports, and likely impact of or a trade/business association of By order of the Commission. imports of Subject Merchandise on the producers or exporters of the Subject Donna R. Koehnke, Domestic Industry. Merchandise in the Subject Country, Secretary. (5) A list of all known and currently provide the following information on [FR Doc. 99–8074 Filed 3–31–99; 8:45 am] operating U.S. producers of each your firm’s(s’) operations on that BILLING CODE 7020±02±P Domestic Like Product for which you product during calendar year 1998 are filing a response. Identify any (report quantity data in thousands of known related parties and the nature of pounds and value data in thousands of INTERNATIONAL TRADE the relationship as defined in section U.S. dollars, landed and duty-paid at COMMISSION 771(4)(B) of the Act (19 U.S.C. the U.S. port but not including 1677(4)(B)). antidumping or countervailing duties). [Investigation No. 731±TA±374 (Review)] (6) A list of all known and currently If you are a trade/business association, operating U.S. importers of the Subject provide the information, on an aggregate Potassium Chloride (Potash) From Merchandise and producers of the basis, for the firms which are members Canada Subject Merchandise in the Subject of your association. AGENCY: United States International Country that currently export or have (a) Production (quantity) and, if Trade Commission. exported Subject Merchandise to the known, an estimate of the percentage of ACTION: Institution of a five-year review United States or other countries since total production of Subject Merchandise concerning the suspended investigation 1987. in the Subject Country accounted for by on potassium chloride (potash) from (7) If you are a U.S. producer of a your firm’s(s’) production; and Domestic Like Product, provide the (b) the quantity and value of your Canada. following information separately on firm’s(s’) exports to the United States of SUMMARY: The Commission hereby gives your firm’s operations on each product Subject Merchandise and, if known, an notice that it has instituted a review during calendar year 1998 (report estimate of the percentage of total pursuant to section 751(c) of the Tariff quantity data in thousands of pounds exports to the United States of Subject Act of 1930 (19 U.S.C. 1675(c)) (the Act) and value data in thousands of U.S. Merchandise from the Subject Country to determine whether termination of the dollars, f.o.b. plant). If you are a union/ accounted for by your firm’s(s’) exports. suspended investigation on potassium worker group or trade/business (10) Identify significant changes, if chloride (potash) from Canada would be association, provide the information, on any, in the supply and demand likely to lead to continuation or an aggregate basis, for the firms in conditions or business cycle for each recurrence of material injury. Pursuant which your workers are employed/ Domestic Like Product that have to section 751(c)(2) of the Act, interested which are members of your association. occurred in the United States or in the parties are requested to respond to this market for the Subject Merchandise in (a) Production (quantity) and, if notice by submitting the information the Subject Country since the Order known, an estimate of the percentage of specified below to the Commission; 1 to Date, and significant changes, if any, total U.S. production of the Domestic be assured of consideration, the that are likely to occur within a Like Product accounted for by your deadline for responses is May 21, 1999. reasonably foreseeable time. Supply firm’s(s’) production; and Comments on the adequacy of responses (b) the quantity and value of U.S. conditions to consider include may be filed with the Commission by commercial shipments of the Domestic technology; production methods; June 14, 1999. Like Product produced in your U.S. development efforts; ability to increase For further information concerning plant(s). production (including the shift of the conduct of this review and rules of (8) If you are a U.S. importer or a production facilities used for other general application, consult the trade/business association of U.S. products and the use, cost, or Commission’s Rules of Practice and importers of the Subject Merchandise availability of major inputs into Procedure, part 201, subparts A through from the Subject Country, provide the production); and factors related to the E (19 CFR part 201), and part 207, following information on your firm’s(s’) ability to shift supply among different subparts A, D, E, and F (19 CFR part operations on that product during national markets (including barriers to 207). Recent amendments to the Rules calendar year 1998 (report quantity data importation in foreign markets or of Practice and Procedure pertinent to in thousands of pounds and value data changes in market demand abroad). five-year reviews, including the text of in thousands of U.S. dollars). If you are Demand conditions to consider include subpart F of part 207, are published at a trade/business association, provide the end uses and applications; the existence 63 FR 30599, June 5, 1998, and may be information, on an aggregate basis, for and availability of substitute products; downloaded from the Commission’s the firms which are members of your and the level of competition among the World Wide Web site at http:// association. Domestic Like Product produced in the www.usitc.gov/rules.htm. (a) The quantity and value (landed, United States, Subject Merchandise duty-paid but not including produced in the Subject Country, and EFFECTIVE DATE: April 1, 1999. antidumping or countervailing duties) such merchandise from other countries. FOR FURTHER INFORMATION CONTACT: of U.S. imports and, if known, an (11) (OPTIONAL) A statement of Mary Messer (202–205–3193) or Vera estimate of the percentage of total U.S. whether you agree with the above imports of Subject Merchandise from definitions of the Domestic Like Product 1 No response to this request for information is the Subject Country accounted for by and Domestic Industry; if you disagree required if a currently valid Office of Management and Budget (OMB) number is not displayed; the your firm’s(s’) imports; and with either or both of these definitions, OMB number is 3117–0016/USITC No. 99–5–001, (b) the quantity and value (f.o.b. U.S. please explain why and provide expiration date June 30, 1999. Public reporting port, including antidumping and/or alternative definitions. burden for the request is estimated to average 7 countervailing duties) of U.S. hours per response. Please send comments Authority: This review is being conducted regarding the accuracy of this burden estimate to commercial shipments of Subject under authority of title VII of the Tariff Act the Office of Investigations, U.S. International Trade Merchandise imported from the Subject of 1930; this notice is published pursuant to Commission, 500 E Street, SW, Washington, DC Country. section 207.61 of the Commission’s rules. 20436.

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Libeau (202–205-3176), Office of (5) The Order Date is the date that the and operations of the Commission Investigations, U.S. International Trade investigation was suspended. In this pursuant to 5 U.S.C. Appendix 3. Commission, 500 E Street SW, review, the Order Date is January 19, Written Submissions Washington, DC 20436. Hearing- 1988. impaired persons can obtain (6) An Importer is any person or firm Pursuant to section 207.61 of the information on this matter by contacting engaged, either directly or through a Commission’s rules, each interested the Commission’s TDD terminal on 202– parent company or subsidiary, in party response to this notice must 205–1810. Persons with mobility importing the Subject Merchandise into provide the information specified impairments who will need special the United States from a foreign below. The deadline for filing such assistance in gaining access to the manufacturer or through its selling responses is May 21, 1999. Pursuant to Commission should contact the Office agent. section 207.62(b) of the Commission’s of the Secretary at 202–205–2000. rules, eligible parties (as specified in General information concerning the Participation in the Review and Public Commission rule 207.62(b)(1)) may also Commission may also be obtained by Service List file comments concerning the adequacy of responses to the notice of institution accessing its internet server (http:// Persons, including industrial users of and whether the Commission should www.usitc.gov). the Subject Merchandise and, if the conduct an expedited or full review. SUPPLEMENTARY INFORMATION: merchandise is sold at the retail level, The deadline for filing such comments representative consumer organizations, is June 14, 1999. All written Background wishing to participate in the review as submissions must conform with the On January 19, 1988, the Department parties must file an entry of appearance provisions of sections 201.8 and 207.3 of Commerce suspended an with the Secretary to the Commission, of the Commission’s rules and any antidumping duty investigation on as provided in section 201.11(b)(4) of submissions that contain BPI must also imports of potassium chloride (potash) the Commission’s rules, no later than 21 conform with the requirements of from Canada (53 FR 1393). The days after publication of this notice in sections 201.6 and 207.7 of the Commission is conducting a review to the Federal Register. The Secretary will Commission’s rules. The Commission’s determine whether termination of the maintain a public service list containing rules do not authorize filing of suspended investigation would be likely the names and addresses of all persons, submissions with the Secretary by to lead to continuation or recurrence of or their representatives, who are parties facsimile or electronic means. Also, in material injury to the domestic industry to the review. accordance with sections 201.16(c) and within a reasonably foreseeable time. It Limited Disclosure of Business 207.3 of the Commission’s rules, each will assess the adequacy of interested Proprietary Information (BPI) Under an document filed by a party to the review party responses to this notice of Administrative Protective Order (APO) must be served on all other parties to institution to determine whether to and APO Service List the review (as identified by either the conduct a full review or an expedited public or APO service list as review. The Commission’s Pursuant to section 207.7(a) of the appropriate), and a certificate of service determination in any expedited review Commission’s rules, the Secretary will must accompany the document (if you will be based on the facts available, make BPI submitted in this review are not a party to the review you do not which may include information available to authorized applicants under need to serve your response). provided in response to this notice. the APO issued in the review, provided that the application is made no later Inability To Provide Requested Definitions than 21 days after publication of this Information The following definitions apply to notice in the Federal Register. Pursuant to section 207.61(c) of the this review: Authorized applicants must represent Commission’s rules, any interested (1) Subject Merchandise is the class or interested parties, as defined in 19 party that cannot furnish the kind of merchandise that is within the U.S.C. 1677(9), who are parties to the information requested by this notice in scope of the five-year review, as defined review. A separate service list will be the requested form and manner shall by the Department of Commerce. maintained by the Secretary for those notify the Commission at the earliest (2) The Subject Country in this review parties authorized to receive BPI under possible time, provide a full explanation is Canada. the APO. of why it cannot provide the requested (3) The Domestic Like Product is the Certification information, and indicate alternative domestically produced product or forms in which it can provide products which are like, or in the Pursuant to section 207.3 of the equivalent information. If an interested absence of like, most similar in Commission’s rules, any person party does not provide this notification characteristics and uses with, the submitting information to the (or the Commission finds the Subject Merchandise. In its original Commission in connection with this explanation provided in the notification determination, the Commission defined review must certify that the information inadequate) and fails to provide a the Domestic Like Product as potassium is accurate and complete to the best of complete response to this notice, the chloride. the submitter’s knowledge. In making Commission may take an adverse (4) The Domestic Industry is the U.S. the certification, the submitter will be inference against the party pursuant to producers as a whole of the Domestic deemed to consent, unless otherwise section 776(b) of the Act in making its Like Product, or those producers whose specified, for the Commission, its determination in the review. collective output of the Domestic Like employees, and contract personnel to Product constitutes a major proportion use the information provided in any Information To Be Provided in of the total domestic production of the other reviews or investigations of the Response to This Notice of Institution product. In its original determination, same or comparable products which the As used below, the term ‘‘firm’’ the Commission defined the Domestic Commission conducts under Title VII of includes any related firms. Industry as producers of potassium the Act, or in internal audits and (1) The name and address of your firm chloride. investigations relating to the programs or entity (including World Wide

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Web address if available) and name, are employed/which are members United States of Subject telephone number, fax number, and of your association. Merchandise from the Subject E-mail address of the certifying (a) Production (quantity) and, if Country accounted for by your official. known, an estimate of the firm’s(s’) exports. (2) A statement indicating whether your percentage of total U.S. production (10) Identify significant changes, if any, firm/entity is a U.S. producer of the of the Domestic Like Product in the supply and demand Domestic Like Product to which accounted for by your firm’s(s’) conditions or business cycle for your response pertains, a U.S. production; and (b) the quantity each Domestic Like Product that union or worker group, a U.S. and value of U.S. commercial have occurred in the United States importer of the Subject shipments of the Domestic Like or in the market for the Subject Merchandise, a foreign producer or Product produced in your U.S. Merchandise in the Subject Country exporter of the Subject plant(s). since the Order Date, and Merchandise, a U.S. or foreign trade (8) If you are a U.S. importer or a trade/ significant changes, if any, that are or business association, or another business association of U.S. likely to occur within a reasonably interested party (including an importers of the Subject foreseeable time. Supply conditions explanation). If you are a union/ Merchandise from the Subject to consider include technology; worker group or trade/business Country, provide the following production methods; development association, identify the firms in information on your firm’s(s’) efforts; ability to increase which your workers are employed operations on that product during production (including the shift of or which are members of your calendar year 1998 (report quantity production facilities used for other association. data in short tons and value data in products and the use, cost, or (3) A statement indicating whether your thousands of U.S. dollars). If you availability of major inputs into firm/entity is willing to participate are a trade/business association, production); and factors related to in this review by providing provide the information, on an the ability to shift supply among information requested by the aggregate basis, for the firms which different national markets Commission. are members of your association. (including barriers to importation in (4) A statement of the likely effects of (a) The quantity and value (landed, foreign markets or changes in the termination of the suspended duty-paid but not including market demand abroad). Demand investigation on each Domestic antidumping or countervailing conditions to consider include end Industry for which you are filing a duties) of U.S. imports and, if uses and applications; the existence response in general and/or your known, an estimate of the and availability of substitute firm/entity specifically. In your percentage of total U.S. imports of products; and the level of response, please discuss the various Subject Merchandise from the competition among the Domestic factors specified in section 752(a) of Subject Country accounted for by Like Product produced in the the Act (19 U.S.C. 1675a(a)) your firm’s(s’) imports; and including the likely volume of (b) the quantity and value (f.o.b. U.S. United States, Subject Merchandise subject imports, likely price effects port, including antidumping and/or produced in the Subject Country, of subject imports, and likely countervailing duties) of U.S. and such merchandise from other impact of imports of Subject commercial shipments of Subject countries. Merchandise on the Domestic Merchandise imported from the (11) (OPTIONAL) A statement of Industry. Subject Country. whether you agree with the above (5) A list of all known and currently (9) If you are a producer, an exporter, or definitions of the Domestic Like operating U.S. producers of each a trade/business association of Product and Domestic Industry; if Domestic Like Product for which producers or exporters of the you disagree with either or both of you are filing a response. Identify Subject Merchandise in the Subject these definitions, please explain any known related parties and the Country, provide the following why and provide alternative nature of the relationship as defined information on your firm’s(s’) definitions. in section 771(4)(B) of the Act (19 operations on that product during Authority: This review is being conducted U.S.C. 1677(4)(B)). calendar year 1998 (report quantity under authority of title VII of the Tariff Act (6) A list of all known and currently data in short tons and value data in of 1930; this notice is published pursuant to operating U.S. importers of the thousands of U.S. dollars, landed section 207.61 of the Commission’s rules. Subject Merchandise and producers and duty-paid at the U.S. port but Issued: March 25, 1999. of the Subject Merchandise in the not including antidumping or By order of the Commission. Subject Country that currently countervailing duties). If you are a Donna R. Koehnke, export or have exported Subject trade/business association, provide Secretary. Merchandise to the United States or the information, on an aggregate [FR Doc. 99–8072 Filed 3–31–99; 8:45 am] other countries since 1987. basis, for the firms which are BILLING CODE 7020±02±U (7) If you are a U.S. producer of a members of your association. Domestic Like Product, provide the (a) Production (quantity) and, if following information separately on known, an estimate of the JUDICIAL CONFERENCE OF THE your firm’s operations on each percentage of total production of UNITED STATES product during calendar year 1998 Subject Merchandise in the Subject (report quantity data in short tons Country accounted for by your Proposed Amended Rules for the and value data in thousands of U.S. firm’s(s’) production; and Processing of Petitions for Review of dollars, f.o.b. plant). If you are a (b) the quantity and value of your Circuit Council Orders Under the union/worker group or trade/ firm’s(s’) exports to the United Judicial Conduct and Disability Act business association, provide the States of Subject Merchandise and, information, on an aggregate basis, if known, an estimate of the AGENCY: Judicial Conference of the for the firms in which your workers percentage of total exports to the United States.

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ACTION: Request for comments. 4. No formal limitation is imposed 10. Unless otherwise directed by the upon the length of the petition, but it is Executive Committee of the Judicial SUMMARY: The Judicial Conference suggested that such petition should not Conference, the Committee to Review Committee to Review Circuit Council normally exceed 20 pages in addition to Circuit Council Conduct and Disability Conduct and Disability Orders proposes the attachments required by Rule 8. Orders shall assume the consideration an amendment to its Rules for the 5. The petition shall contain a short and disposition of all petitions for Processing of Petitions for Review of and plain statement of the basic facts review, in conformity with the Judicial Circuit Council Orders under the underlying the complaint, the history of Conference statement of the Judicial Conduct and Disability Act, its consideration before the appropriate Committee’s jurisdiction. adopted in September 1989. The circuit judicial council, and the 11. The Administrative Office shall recommended change would amend premises upon which the petitioner then distribute the petition and its Rule 6 to establish a 60-day time limit asserts entitlement to relief from the attachment to the members of the for filing a petition for review, with an action taken by the council. Committee to Review Circuit Council additional 30 days for the filings of 6. A petition for review under these Conduct and Disability Orders for their cross-petitions for review, by the rules must be submitted within sixty deliberation. The petition shall receive Judicial Conference of action taken by (60) days following final action by the an eight-digit identifying number of the judicial council of a circuit in circuit judicial council under 28 U.S.C. which the initial two digits shall refer complaint proceedings under the 372(c)(6) and issuance of its to the year of filing, the next three digits Judicial Conduct and Disability Act, 28 implementing order under 28 U.S.C. shall be ‘‘372,’’ and the final three shall U.S.C. 372(c). The existing rules do not 372(c)(15). Once a petition for review identify each individual petition. Unless impose any time limit upon the filing of has been submitted, a cross-petition for otherwise directed by the chairman, the a petition for review with the Judicial review must be submitted with thirty Administrative Office shall contact the Conference. (30) days following submission of the circuit executive or clerk of the U.S. DATES: Written comments on these rules petition for review, or within sixty (60) court of appeals for the appropriate should be received on or before April days following final action by the circuit circuit to obtain the record of circuit 30, 1999. judicial council under 28 U.S.C. council consideration of the complaint ADDRESSES: Comments should be 372(c)(6) and issuance of its for distribution to the Committee. mailed to the Office of the General implementing order under 28 U.S.C. 12. In recognition of the review nature Counsel, Suite 7–290, Administrative 372(c)(15), whichever is later. of petition proceedings under 28 U.S.C. Office of the United States Courts, One 7. Five copies of the petition for 372(c)(10), no additional investigation Columbus Circle, NE., Washington, DC. review shall be submitted, at least one shall ordinarily be undertaken by the 20544. of which shall bear the original ink Judicial Conference or the Committee. If FOR FURTHER INFORMATION CONTACT: signature of the petitioner or his or her such investigation is deemed necessary, Jeffrey N. Barr, Assistant General attorney. If the petitioner submits a the Conference or Committee may Counsel, Suite 7–290, Administrative signed declaration of inability to pay the remand the matter to the circuit judicial Office of the United States Courts, One expense of duplicating the petition, the council that considered the complaint, Columbus Circle, NE., Washington, DC Administrative Office shall then accept or may undertake any investigation 20544, telephone: (202) 502–1100. the original petition alone and shall found to be required. If such undertake necessary reproduction of investigation is undertaken by the Rules of the Judicial Conference of the copies at its expense. Conference or Committee, (a) adequate United States for the Processing of 8. The petition for review shall have prior notice shall be given in writing to Petitions for Review of Circuit Council attached thereto a copy of each of the the judge or magistrate whose conduct Orders Under the Judicial Conduct and following documents: is the subject of the complaint, (b) such Disability Act —The order of the circuit judicial judge or magistrate shall be afforded an The Judicial Conference of the United council issued under 28 U.S.C. opportunity to appear at any States prescribes these rules under the 372(c)(15), of which review is sought; investigative proceedings which might authority of section 372(c)(11) of title —The original complaint of judicial be conducted and to present argument 28, United States Code, with respect to misconduct or disability that orally or in writing, and (c) the the processing of petitions for review commenced the proceeding; complainant shall be afforded an submitted to the Conference under 28 —Any other documents or opportunity to appear at any U.S.C. 372(c)(10), seeking review of correspondence arising in the course proceedings conducted if it is circuit council actions taken under 28 of the proceeding before the judicial considered that the complainant could U.S.C. 372(c)(6) upon complaints of council or its special committee offer substantial new and relevant judicial conduct or disability: which the petitioner deems essential information. 1. Petition for review may be made by or useful to the prompt disposition of 13. Except where additional the filing of a written submission to the the review petition. investigation is undertaken as provided Judicial Conference addressed as 9. Upon receipt of a petition for in Rule 12, there shall be no arguments follows: Loenidas Ralph Mecham, review that appears on its face to be or personal appearances before the Secretary, Judicial Conference of the coherent, in compliance with these Committee. Unless the petition for United States Administrative Office of rules, and appropriate for present review is amenable to disposition on the the United States Courts, Washington, disposition, the Administrative Office face thereof, the Committee may DC 20544, Attention: Office of the shall promptly acknowledge receipt of determine to receive written argument General Counsel. the petition and advise the chairman of from the petitioner and from the other 2. No form is prescribed for the filing the Judicial Conference Committee to party to the complaint proceeding (the of a petition for review. Review Circuit Council Conduct and complainant or judge/magistrate 3. Such petition shall consist of a Disability Orders, a committee complained against). written submission in typewriting on appointed by the Chief Justice of the 14. The decision on the petition shall plain paper of 81⁄2 by 11 inch United States as authorized by 28 U.S.C. be made by written order as provided by dimensions. 331. 28 U.S.C. 372(c)(15). Such order shall be

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15794 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices forwarded by the committee chairman should be addressed to the Assistant Settling Defendant Ohio Power to the Administrative Office, which Attorney General, Environment and Company’’ would provide for Ohio shall distribute it as directed by the Natural Resources Division, Department Power Company’s payment of $210,000 chairman. In accordance with section of Justice, Washington, DC 20530, and in reimbursement of past CERCLA 372(c)(15), orders of the Committee should refer to United States v. response costs the United States shall be maintained as public Buttefield Joint Venture, Ltd., DOJ Ref. incurred in connection with the Site. documents by the Administrative Office No. 90–11–3–1194. The second proposed consent decree, and by the clerk of the United States The proposed Consent Decree may be captioned ‘‘Partial Consent Decree with court of appeals for the circuit in which examined at the office of the United Settling Defendant AK Steel the complaint arose. States Attorney, District of Utah, 185 Corporation’’ would provide for AK 15. In conformity with 28 U.S.C. South Street, Suite 400, Salt Lake City Steel Corporation’s payment of $15,000 372(c)(10), all orders and 84111, or at the offices of the in reimbursement of past CERCLA determinations of the Judicial Environmental Protection Agency, response costs the United States Conference or of the Committee on its Region VIII, 999 18th Street, Suite 500, incurred in connection with the Site. behalf, including denials of petitions for Denver, Colorado, 80202. Copies of the The Department of Justice will review, shall be final and conclusive proposed consent decree may be receive, for a period of thirty (30) days and shall not be judicially reviewable examined at the Consent Decree Library, from the date of this publication, on appeal or otherwise. 1120 G Street, NW, 3rd Floor, comments relating to the proposed Leonidas Ralph Mecham, Washington, DC 20005, (202) 624–0892. consent decrees. Comments should be Secretary. A copy of the consent decree may also addressed to the Assistant Attorney [FR Doc. 99–8025 Filed 3–31–99; 8:45 am] be obtained in person or by mail at the General, Environment and Natural BILLING CODE 2210±55±M Consent Decree Library, 1120 G Street, Resources Division, United States NW, 3rd Floor, Washington, DC 20005. Department of Justice, Washington, DC When requesting a copy of the decree by 20530, and should refer to United States DEPARTMENT OF JUSTICE mail, please enclose a check in the v. Cantrell, et al., Civil Action No. C– amount of $6.16 for a copy (twenty-five 1–97–981 (S.D. Ohio) and United States Notice of Lodging of Consent Decree cents per page reproduction costs) v. Ohio Power Co., et al., Civil Action Pursuant to the Comprehensive payable to the ‘‘Consent Decree No. C–1–98–247 (S.D. Ohio), and DOJ Environmental Response, Library.’’ References No. 90–11–3–1756, and the Compensation and Liability Act of 1980 Joel M. Gross, proposed consent decree(s) which the In accordance with Departmental Chief, Environmental Enforcement Section, comments address. policy, 28 CFR 50.7, and 42 U.S.C. Environment and Natural Resources Division. The proposed consent decrees may be 9622(d)(2), notice is hereby given that [FR Doc. 99–7971 Filed 3–31–99; 8:45 am] examined at: (1) Office of the United on March 22, 1999, a Consent Decree BILLING CODE 4410±15±M States Attorney for the Southern District was lodged in United States v. of Ohio, 220 U.S. Courthouse, 100 East Butterfield Joint Venture, Ltd., Civil Fifth Street, Cincinnati, Ohio 45202 DEPARTMENT OF JUSTICE Action No. 2:99CV–0182J with the (contact Gerald Kaminski (513–684– 3711)); (2) the United States United States District Court for the Notice of Lodging of Consent Decrees Environmental Protection Agency District of Utah. Pursuant to the Comprehensive (Region 5), 77 West Jackson Boulevard, The Complaint in this case was filed Environmental Response, Chicago, Illinois 60604–3590 (contact under Section 107 of the Compensation and Liability Act Comprehensive Environmental Mony Chabria (312–886–6842)); and (3) Response, Compensation and Liability In accordance with Departmental the U.S. Department of Justice, Act of 1980, as amended (‘‘CERCLA’’), policy, the Department of Justice gives Environment and Natural Resources 42 U.S.C. 9607, with respect to the notice that two proposed consent Division Consent Decree Library, 1120 G Midvale Slag Superfund Site located in decrees in the consolidated cases Street, NW, 3rd Floor, Washington, DC Midvale, Utah against Butterfield Joint captioned United States v. Cantrell, et 20005 (202–624–0892). Copies of the Venture, Ltd. Pursuant to the terms of al., Civil Action No. C–1–97–981 (S.D. proposed consent decrees may be the Consent Decree, which resolves Ohio) and United States v. Ohio Power obtained in person or by mail from the claims under the above-mentioned Co., et al., Civil Action No. C–1–98–247 Consent Decree Library, 1120 G Street, statute the settling defendant agrees to (S.D. Ohio), were lodged with the NW, 3rd Floor, Washington, DC 20005. pay $125,000 to the United States to United States District Court for the In requesting copies, please refer to the reimburse response costs incurred at the Southern District of Ohio, Western referenced case and DOJ Reference Site and the United States convenants Division, on March 18, 1999, pertaining Number, the proposed consent not to sue the settling defendant for to the Automatic Containers Superfund decree(s), requested, and enclose a further response costs incurred by the Site (the ‘‘Site’’), located near Ironton, in check for the amount(s) described United States at the Site. Lawrence County, Ohio. The proposed below, made payable to the Consent The Department of Justice will receive consent decrees would resolve certain Decree Library. The cost for a copy of comments relating to the proposed civil claims of the United States for the ‘‘Partial Consent Decree with Consent Decree for a period of thirty recovery of more than $1.2 million in Settling Defendant Ohio Power days from the date of publication of this past response costs under Section 107 of Company’’ only is $5.75 (23 pages at 25 notice. Comments should be addressed the Comprehensive Environmental cents per page reproduction costs), or to the Assistant Attorney General, Response, Compensation, and Liability $6.50 for that consent decree and all Environment and Natural Resources Act, as amended (‘‘CERCLA’’), 42 U.S.C. appendices (26 pages). The cost for a Division, Department of Justice, 9607, against two defendants in the copy of the ‘‘Partial Consent Decree Washington, DC 20530, and should refer consolidated cases. with Settling Defendant AK Steel to United days from the date of The first proposed consent decree, Corporation’’ only is $6.00 (24 pages at publication of this notice. Comments captioned ‘‘Partial Consent Decree with 25 cents per page reproduction costs), or

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$6.75 for that consent decree and all NW, 3rd Floor, Washington, DC 20005, at the office of the Environmental appendices (27 pages). (202) 624–0892. A copy of the proposed Protection Agency, Region 4, 61 Forsyth Joel M. Gross, consent decree may be obtained in Street, S.W., Atlanta, GA 30303; and at Chief, Environmental Enforcement Section, person or by mail from the Consent the Consent Decree Library, 1120 G Environment and Natural Resources Division. Decree Library, 1120 G Street, NW, 3rd Street, NW, 3rd Floor, Washington, DC [FR Doc. 99–7972 Filed 3–31–99; 8:45 am] Floor, Washington, DC 20005. In 20005, (202) 624–0892. A copy of the BILLING CODE 4410±15±M requesting a copy, please enclose a proposed Consent Decree may be check (there is a 25 cent per page obtained in person or by mail from the reproduction cost) in the amount of Consent Decree Library, 1120 G Street, DEPARTMENT OF JUSTICE $41.25 payable to the Consent Decree NW, 3rd Floor, Washington, DC 20005. Library. In requesting a copy please refer to the Notice of Lodging of Consent Decree Bruce S. Gelber, referenced case and enclose a check in Pursuant to the Comprehensive Deputy Chief, Environmental Enforcement the amount of $7.50 (25 cents per page Environmental Response, Section, Environmental and Natural reproduction costs), payable to the Compensation, and Liability Act of Resources Division. Consent Decree Library. 1980, as Amended [FR Doc. 99–7973 Filed 3–31–99; 8:45 am] Joel M. Gross, Consistent with Departmental policy, BILLING CODE 4410±15±M Chief, Environmental Enforcement Section, 28 CFR 507.7, 38 FR 19029, and 42 Environment and Natural Resources Division. U.S.C. 9622(d), notice is hereby given [FR Doc. 99–7974 Filed 3–31–99; 8:45 am] DEPARTMENT OF JUSTICE that on March 12, 1999, a proposed BILLING CODE 4410±15±M Consent Decree in United States v. Notice of Lodging of Consent Decree Janssen Ortho LLC, Civil Action No. 99– Pursuant to the Comprehensive DEPARTMENT OF JUSTICE 1261 SEC, was lodged with the United Environmental Response, States District Court for the District of Compensation and Liability Act Antitrust Division Puerto Rico. The proposed Consent Decree will resolved the United States’ In accordance with Departmental United States v. Central Parking claims under the Comprehensive policy, 28 CFR 50.7, notice is hereby Corporation and Allright Holdings, Environmental Response, given that a proposed Consent Decree in Inc.; Proposed Final Judgment and Compensation, and Liability Act United States v. Linda Carroll and Competitive Impact Statement (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., on Carroll Carolina Corp., Civil Action No. behalf of the U.S. Environmental 7:99–CV–44–F(1) was lodged with the Notice is hereby given pursuant to the Protection Agency (‘‘EPA’’) against United States District Court for the Antitrust Procedures and Penalties Act, defendant relating to the Janssen, Inc. Eastern District of North Carolina on 15 U.S.C. section 16(b) through (h), that Superfund Site (‘‘Site’’) located in March 17, 1999. The proposed Consent a proposed Final Judgment, Stipulation Gurabo, Puerto Rico. The Complaint Decree resolves the United States’ and Competitive Impact Statement have alleges that the defendant is liable under claims against Linda Carroll and Carroll been filed with the United States section 107(a) of CERCLA, 42 U.S.C. Carolina Corp. pursuant to Section 107 District Court for the District of 9607(a). of the Comprehensive Environmental Columbia in United States v. Central Pursuant to the Consent Decree, the Response, Compensation, and Liability Parking Corporation and Allright settling defendant will implement the Act of 1980 (‘‘CERCLA’’), as amended. Holdings, Inc., No. 1:99CV00652. On remedy selected in the September 30, The settling defendants are alleged to be March 16, 1999, the United States filed 1997 Record of Decision (‘‘ROD’’) for the liable under section 107 of CERCLA for a Complaint alleging that the proposed Site, estimated to cost approximately costs incurred and to be incurred by the merger of Central Parking and Allright $15 million, reimburse the United States United States Environmental Protection Holdings would violate section 7 of the for 100% of its past costs ($865,972.33) Agency and others during a cleanup of Clayton Act, 15 U.S.C. 18. The proposed and pay all EPA future response costs, the Old ATC Refinery Site in Final Judgment, filed the same time as as defined in the Consent Decree. Wilmington, North Carolina. Under the the Complaint, requires the defendants The Department of Justice will receive Consent Decree, the settling defendants to divest their interest in certain parking for a period of thirty (30) days from the agree to reimburse the United States in facilities in Cincinnati and Columbus, date of this publication comments the amount of $85,000. The timing of Ohio; Nashville, Knoxville, and relating to the proposed consent decree. such payment is dependent on various Memphis, Tennessee; Dallas, Houston, Any comments should be addressed to events outlined in the Decree. El Paso, and San Antonio, Texas; the Assistant Attorney General of the The Department of Justice will Baltimore, Maryland; Denver, Colorado; Environment and Natural Resources receive, for a period of thirty (30) days Jacksonville, Tampa, and Miami, Division, Department of Justice, from the date of this publication, Florida; San Francisco, California; Washington, DC 20530, and should refer comments relating to the proposed Kansas City, Missouri; New York, New to United States v. Janssen Ortho LLC, Consent Decree. Comments should be York; and Philadelphia, Pennsylvania. Civil Action No. 99–1261 SEC, D.J. Ref. addressed to the Assistant Attorney Copies of the Complaint, proposed Final 90–11–3–1768. General for the Environment and Judgment and Competitive Impact The proposed consent decree may be Natural Resources Division, U.S. Statement are available for inspection examined at the Office of the United Department of Justice, P.O. Box 7611, on the Antitrust Division’s web site States Attorney, District of Puerto Rico, Washington, DC 20044; and refer to (www.usdoj.gov/atr/cases.html); at the Federal Building, Chardon Avenue, United States v. Linda Carroll et al., DOJ Antitrust Division, 325 7th Street, NW Hato Rey, Puerto Rico 00918 and at Ref. # 90–11–2–1192/2. Room 215, Washington, DC 20530 Region II, Office of the Environmental The proposed settlement agreement (telephone: 202–514–2481); and at the Protection Agency, 290 Broadway, New may be examined at the Office of the Office of the Clerk of the United States York, NY 10007–1866 and at the United States Attorney, 310 New Bern District Court for the District of Consent Decree Library, 1120 G Street, Ave., Suite 800, Raleigh, NC 27601; and Columbia, Washington, DC.

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Public comment is invited within 60 5. Central and Allright represent that Now, therefore, before the taking of days of the date of this notice. the divestitures ordered in the proposed any testimony, and without trial or Comments, with Antitrust Division Final Judgment can and will be made, adjudication of any issue of fact or law responses, will be published in the and that Central and Allright will later herein, and upon consent of the parties Federal Register and filed with the raise no claims of hardship or difficulty hereto, it is hereby ordered, adjudged, Court. Comments should be directed to as grounds for asking the court to and decreed as follows: Craig Conrath, Chief, Merger Task Force, modify any of the divestiture provisions I. Jurisdiction Antitrust Division, 1401 H Street, NW, contained therein; Suite 4000, Washington, DC 20530 (Tel. 6. All parties agree that this agreement This Court has jurisdiction over each 202–307–0001). can be signed in multiple counterparts. of the parties hereto and over the subject Constance K. Robinson, matter of this action. The Complaint Dated: March 12, 1999. states a claim upon which relief may be Director of Operations and Merger For Plaintiff United States Enforcement. granted against defendants, as Allee A. Ramadhan (162131), hereinafter defined, under section 7 of Stipulation John C. Filippini (165159), the Clayton Act, as amended, 15 U.S.C. It is stipulated by and between the Joseph M. Miller (439965), 18. undersigned parties, by their respective U.S. Department of Justice, Antitrust Division, II. Definitions attorneys, as follows: Merger Task Force, 1401 H Street, NW, Suite 1. The Court has jurisdiction over the 4000, Washington, DC 20005, (202) 307–0001. As used in this Final Judgment: A. ‘‘Central’’ means defendant Central subject matter of this action and over For Defendant Central Parking Corporation each of the parties hereto, and venue of Parking Corporation, a Tennessee David Marx, Jr., corporation with its headquarters in this action is proper in the District Court James H. Sneed (194803), for the District of Columbia; Nashville, Tennessee, and includes its McDermott, Will & Emery, 227 West Monroe successors and assigns, and its 2. The parties stipulate that a Final Street, Chicago, IL 60606, (312) 984–7668. subsidiaries, divisions, groups, Judgment in the form hereto attached For Defendant Allright Holdings, Inc. affiliates, partnerships, joint ventures, may be filed and entered by the Court, directors, officers, managers, agents, and upon the motion of any party or upon Michael L. Weiner, employees. the Court’s own motion, at any time Charles B. Crisman, Jr. (240135), B. ‘‘Allright’’ means defendant after compliance with the requirements Skadden, Arps, Slate, Meagher & Flom L.L.P., Allright Holdings, Inc., a Delaware of the Antitrust Procedures and 919 Third Avenue, New York, NY 10022, corporation with its headquarters in Penalties Act (15 U.S.C. 16), and (212) 735–2632. Houston, Texas, and includes its without further notice to any party or Final Judgment successors and assigns, and its other proceedings, provided that the subsidiaries, divisions, groups, United States has not withdrawn its Whereas, plaintiff, the United States affiliates, partnerships, joint ventures, consent, which it may do at any time of America, and defendants Central directors, officers, managers, agents, and before the entry of the proposed Final Parking Corporation (‘‘Central’’) and employees. Judgment by serving notice thereof on Allright Holdings, Inc. (‘‘Allright’’), by their respective attorneys, having C. ‘‘Owned Parking Facilities’’ shall defendants and by filing that notice consist of all assets and properties with the Court; consented to the entry of this Final Judgment without trial or adjudication owned by defendants listed in Schedule 3. The defendants (as defined in A. Section II of the proposed Final of any issue of fact or law herein, and without this Final Judgment D. ‘‘Parking Facility Agreements’’ Judgment attached hereto) agree to abide shall consist of all agreements between by and comply with the provisions of constituting any evidence against or an admission by any party with respect to or among the defendants and the owner the proposed Final Judgment pending or manager of the parking facilities entry of the Final Judgment by the any issue of law or fact herein: And whereas, defendants have agreed listed in Schedule B. Court, and shall, from the date of the E. ‘‘Acquirer’’ means the entity or to be bound by the provision of this signing of this Stipulation by the entities to whom the defendants divest Final Judgment pending its approval by parties, comply with all the terms and the Parking Facilities, or that succeed to the Court; provisions of the proposed Final the defendants’ interests in any Parking Judgment as though the same were in And whereas, the essence of this Final Facility Agreement that is transferred full force and effect as an order of the Judgment is the prompt and certain pursuant to this Final Judgment. Court; divestiture of parking facilities to ensure F. ‘‘Parking Facilities’’ means the 4. In the event the United States that competition is not substantially properties listed in Schedules A and B. withdraws its consent, as provided in lessened; G. ‘‘Divest’’ or ‘‘Divestiture’’ means, paragraph 2 above, or if the proposed And whereas, plaintiff requires (1) in connection with the Owned Final Judgment is not entered pursuant defendants to make certain divestitures Parking Facilities listed in Schedule A, to this Stipulation, the time has expired for the purpose of preserving their sale, and (2), in connection with for all appeals of any Court ruling competition in the off-street parking the Parking Facilities listed in Schedule declining entry of the proposed Final services markets specified in the B, the transfer of the Parking Facility Judgment, and the Court has not Complaint; Agreements by termination or otherwise ordered continued And whereas, defendants have assignment. compliance with the terms and represented to the plaintiff that the provisions of the proposed Final divestitures ordered herein can and will III. Applicability Judgment, this Stipulation shall be of no be made and that defendants will later A. The provisions of this Final effect whatever, and the making of this raise no claims of hardship or difficulty Judgment apply to the defendants, their Stipulation shall be without prejudice to as grounds for asking the Court to successors and assigns, subsidiaries, any party in this or any other modify any of the divestiture provisions directors, officers, managers, agents, and proceeding; contained below; employees, and all other persons in

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.106 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15797 active concert or participation with any States, in its sole discretion, may extend to effect, in whole or in part, any of them who shall have received actual the time period for any divestiture for proposed divestiture pursuant to notice of this Final Judgment by two (2) additional thirty (30) day Section IV or VI of this Final Judgment, personal service or otherwise. periods, not to exceed sixty (60) defendants or the trustee, whichever is B. Defendant Central shall require, as calendar days in total. then responsible for effecting the a condition of the sale of all or E. Defendants shall use all divestiture, shall notify the United substantially all of its assets, that the commercially practical means to enable States of the proposed divestiture. If the Acquirer or Acquirers agree to be bound the Acquirer of any Parking Facility to trustee is responsible, it shall similarly by the provisions of this Final employ any person whose primary notify defendants. The notice shall set Judgment; however, defendant Central responsibility concerns any parking forth the details of the proposed need not obtain such an agreement from services business connected with the divestiture. an Acquirer in connection with the Parking Facilities. Defendants shall not B. The notice of any proposed divestiture of the Parking Facilities. interfere with any negotiations by any divestiture shall list the name, address, Acquirer to employ any Central or and telephone number of each person IV. Divestitures Allright (or former Central or Allright) not previously identified who offered to, A. Defendants are hereby ordered and employee where primary responsibility or expressed an interest in or a desire to, directed, in accordance with the terms concerns any parking services business acquire any ownership, management or of this Final Judgment, within one connected with the Parking Facilities. leasehold interest in the facility to be hundred and fifty (150) calendar days Defendants shall provide to any divested that is the subject of the after the filing of the Complaint in this Acquirer information relating to such binding contract, together with full matter, or within five (5) days after personnel to enable the Acquirer to details of same. Within fifteen (15) notice of entry of the Final Judgment, make offers of employment, and calendar days of receipt by the United whichever is later, to divest all Parking defendants shall remove any States of a divestiture notice, the United Facilities identified in Schedules A and impediments that may deter these States, in its sole discretion, may B to this Final Judgment as viable, employees from accepting such request from defendants, the proposed ongoing parking services businesses. employment, including but not limited Acquirer, the trustee, or any other third The divestiture of Parking Facilities to, non-compete agreements. party additional information concerning shall be to an Acquirer or Acquirers F. Defendants shall not take any the proposed divestiture and the acceptable to the United States in its action, direct or indirect, that will proposed Acquirer. Defendants and the sole discretion. impede in any way the operation of any trustee shall furnish any additional B. In accomplishing the divestitures parking business connected with the information requested from them within ordered by this Final Judgment, Parking Facilities, or take any action, fifteen (15) calendar days of the receipt defendants promptly shall make known, direct or indirect, that would impede of the request, unless the parties shall by usual and customary means, the the divestiture of any Parking Facility. otherwise agree. Within thirty (30) availability of the Parking Facilities to G. Defendants may not enter into any calendar days after receipt of the notice, be divested. Defendants shall inform agreement to operate any parking or within twenty (20) calendar days any person making an inquiry that the business at the facilities listed in after the United States has been divestiture is being made pursuant to Scheduled B within two (2) years of provided the additional information this Final Judgment and provide such divestiture. requested from the defendants, the person with a copy of this Final H. Unless the United States otherwise proposed Acquirer, the trustee, or any Judgment. Defendants shall also offer to consents in writing, the divestitures third party, whichever is later, the furnish to all bona fide prospective pursuant to Section IV, or by trustee United States shall provide written Acquirers, subject to customary appointed pursuant to Section VI, shall notice to defendants and the trustee, if confidentiality assurances, all include all the Parking Facilities and be there is one, stating whether or not it information regarding the Parking accomplished by divesting the Parking objects to the proposed divestiture. If Facilities customarily provided in a due Facilities to an Acquirer or Acquirers in the United States provides written diligence process except such such a way as to satisfy the United notice to defendants (and the trustee, if information subject to attorney-client States, in its sole discretion, that the applicable) that it does not object, then privilege or attorney work-product Parking Facilities can and will be used the divestiture may be consummated, privilege. Defendants shall make by the Acquirers as viable ongoing off- subject only to defendants’ limited right available such information to the United street parking services businesses, and to object to the sale under Section VI(F) States at the same time that such the divestitures will remedy the harm of this Final Judgment. information is made available to any alleged in the Complaint. The C. Absent written notice that the other person. divestitures, whether pursuant to United States does not object to the C. Defendants shall permit Section IV or Section VI of the Final proposed Acquirer, or upon objection by prospective Acquirers of the Parking Judgment, shall be made to an Acquirer the United States, a proposed Facilities to have access to personnel or Acquirers that, in the United States’ divestiture under Section IV or Section and to any and all zoning, building, and sole judgment, has the intent and VI may not be consummated. Upon other permit documents and capability (including the necessary objection by defendants under the information, and to make inspection of managerial, operational, and financial provision in Section VI(F), a divestiture the Parking Facilities and of any and all capability) of competing effectively with proposed under Section VI shall not be financial, operational, or other the defendants in providing off-street consummated unless approved by the documents and information customarily parking services. Court. provided as part of a due diligence process. V. Notice of Proposed Divestitures VI. Appointment of Trustee D. Defendants shall use their best A. Within two (2) business days A. In the event that defendants have efforts to accomplish the divestitures following execution of a definitive not divested the Parking Facilities as ordered by this Final Judgment as agreement, contingent upon compliance specified in Section IV of this Final expeditiously as possible. The United with the terms of this Final Judgment, Judgment, the Court shall appoint, on

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The The Court shall enter thereafter such Facilities. trustee and any consultants, orders as it shall deem appropriate in C. The trustee shall have the power accountants, attorneys, and other order to carry out the purpose of the and authority to accomplish any and all persons retained by the trustee shall Final Judgment which may, if necessary, divestitures of Parking Facilities at the have full and complete access to the include extending the trust and the term best price then obtainable upon a personnel, books, records, and facilities of the trustee’s appointment by a period reasonable effort by the trustee, subject of the Parking Facilities to be divested, requested by the United States. and defendants shall develop financial to the provisions of Sections IV, V, and VII. Affidavits VI of this final Judgment, and shall have or other information relevant to the such other powers as the Court shall businesses to be divested customarily A. Within twenty (20) calendar days deem appropriate. provided in a due diligence process as of the filing of the Complaint in this matter and every thirty (30) calendar D. Subject to Section VI(G) of this the trustee may reasonably request, days thereafter until the divestitures Final Judgment, the trustee shall have subject to customary confidentiality have been completed pursuant to the power and authority to hire at the assurances. Defendants shall take no Section IV or VI of this Final Judgment, cost and expense of the defendants any action to interfere with or impede the defendants shall deliver to the United investment bankers, attorneys, or other trustee’s accomplishment of the States an affidavit as to the fact and agents reasonably necessary in the divestitures. Defendants shall permit manner of compliance with Section IV judgment of the trustee to assist in the bona fide prospective Acquirers of the or VI of this Final Judgment. Each such divestitures or terminations, and such Parking Facilities to have reasonable affidavit shall include, inter alia, the professionals and agents shall be access to personnel and to make such name, address, and telephone number of accountable solely to the trustee. The inspection of physical facilities and any and all financial, operational or other each person who, at any time after the trustee shall have the power and documents and other information as period covered by the last such report, authority to accomplish the divestitures may be relevant to the divestitures made an offer to acquire, expressed an at the earliest possible time. required by this Final Judgment. interest in acquiring, entered into E. The trustee shall have the authority I. After its appointment, the trustee negotiations to acquire, or was to accomplish the divestitures of shall file monthly reports with the contacted or made an inquiry about Parking Facilities to an Acquirer or parties and the Court setting forth the acquiring, any interest in the Parking Acquirers acceptable to the United trustee’s efforts to accomplish the Facilities to be divested, and shall States, in its sole discretion, and shall divestitures ordered under this Final described in detail each contact with have such other powers as this Court Judgment; provided, however, that to any such person during that period. shall deem appropriate. the extent such reports contain Each such affidavit shall also include a F. Defendants shall not object to a information that the trustee deems description of the efforts that defendants divestiture by the trustee on any ground confidential, such reports shall not be have taken to solicit an Acquirer for any other than the trustee’s malfeasance. filed in the public docket of the Court. and all Parking Facilities, to provide Any such objections by defendants must Such reports shall include the name, required information to prospective be conveyed in writing to the United address and telephone number of each Acquirers, including the limitations, if States and the trustee within ten (10) person who, during the preceding any, on such information. Assuming the calendar days after the trustee has month, made an offer to acquire, information set forth in the affidavit is provided the notice required under expressed an interest in acquiring, true and complete, any objection by the Section V of this Final Judgment. entered into negotiations to acquire, or United States to information provided G. The trustee shall serve at the cost was contacted or made an inquiry about by defendants, including limitations on and expense of defendants, on such acquiring, any interest in the Parking information, shall be made within terms and conditions as the Court may Facilities to be divested, and shall fourteen (14) days of receipt of such prescribe, and shall account for all describe in detail each contact with any affidavit. monies derived from the divestiture of such person during that period. The B. Until one year after all the each Parking Facility divested by the trustee shall maintain full records of all divestitures have been completed, trustee. The trustee shall also account efforts made to divest the Parking defendants shall preserve all records of for all costs and expenses incurred to Facilities. all efforts made to effect each accomplish the divestitures. After J. If the trustee has not accomplished divestiture. approval by the Court of the trustee’s such divestitures within ninety (90) accounting, including fees for its days after its appointment, the trustee VIII. Compliance Inspection services and those of any professionals thereupon shall file promptly with the For purposes of determining or and agents retained by the trustee, all Court a report setting forth (1) the securing compliance with the Final remaining money shall be paid to trustee’s efforts to accomplish the Judgment and subject to any legally defendants and the trust shall then be required divestitures, (2) the reasons, in recognized privilege, from time to time: terminated. The compensation of such the trustee’s judgment, why the required A. Duly authorized representatives of trustee and of any professionals and divestitures have not been the United States Department of Justice, agents retained by the trustee shall be accomplished, and (3) the trustee’s upon written request of the Assistant reasonable in light of the value of the recommendations; provided, however, Attorney General in charge of the divested facility and based on a fee that to the extent such reports contain Antitrust Division, and on reasonable arrangement providing the trustee with information that the trustee deems notice to defendants made to their an incentive based on the price and confidential, such reports shall not be principal offices, shall be permitted:

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1. Access during office hours of course of legal proceedings to which the orders and directions as may be defendants to inspect and copy all United States is a party (including grand necessary or appropriate for the books, ledgers, accounts, jury proceedings), or for the purpose of construction or carrying out of this Final correspondence, memoranda, and other securing compliance with this Final Judgment, for the modification of any of records and documents in the Judgment, or as otherwise required by the provisions hereof, for the possession or under the control of law. enforcement of compliance herewith, defendants, who may have counsel D. If at the time information or and for the punishment of any present, relating to the matters documents are furnished by defendants violations hereof. contained in this Final Judgment; and to United States, defendants represent 2. Subject to the reasonable and identify in writing the material in X. Financing convenience of defendants and without any such information or documents to Defendants are ordered and directed restraint or interference from them, to which a claim of protection may be not to finance all or part of any interview, either informally or on the asserted under Rule 26(c)(7) of the divestiture made pursuant to Sections record, their officers, employees, and Federal Rules of Civil Procedure, and IV or VI of this Final Judgment. agents, who may have counsel present, defendants mark each pertinent page of XI. Termination regarding any such matters. such material, ‘‘Subject to claim of B. Upon the written request of the protection under Rule 26(c)(7) of the Unless this Court grants an extension, Assistant Attorney General in charge of Federal Rules of Civil Procedure,’’ then this Final Judgment will expire upon the Antitrust Division, defendants shall ten (10) calendar days notice shall be the tenth anniversary of the date of its submit such written reports, under oath given by the United States to defendants entry. if requested, with respect to any matter prior to divulging such material in any XII. Public Interest contained in the Final Judgment. legal proceeding (other than a grand jury C. No information or documents proceeding) to which defendants are not Entry of this Final Judgment is in the obtained by the means provided in a party. public interest. Sections VII or VIII of this Final llllllllll IX. Retention of Jurisdiction Dated , 1999. Judgment shall be divulged by a Court approval subject to procedures of representative of the United States to Jurisdiction is retained by this Court Antitrust Procedures and Penalties Act, 15 any person other than a duly authorized for the purpose of enabling any of the U.S.C. 16. representative of the Executive Branch parties to this Final Judgment to apply lllllllllllllllllllll of the United States, except in the to this Court at any time for such further United States District Judge

SCHEDULE A

City Facility

San Antonio, TX ...... Allright Facility 45 at 408 Martin St.

SCHEDULE B

City Facility

Baltimore, MD ...... Central Facility 40 at 1 South Street. Cincinnati, OH ...... Allright Facility 81 at 312 Elm St. Central Facility 20 at 30 W. 4th St. Columbus, OH ...... Allright Facility 33 at 503 S. Front St. Central Facility 117 at 329 State St. Dallas, TX ...... Allright Facility 381 at 608 N. St Paul St. Allright Facility 382 at 2013 San Jacinto St. Allright Facility 383 at 502 N. St Paul St. Central Facility 61 at Corner of Routh St. and Ross St. Denver, CO ...... Allright Facility 108 at 1801 Market St. Allright Facility 268 at 1735 Blake St. Allright Facility 269 at 1775 Blake St. Allright Facility 485 at 1670 Larimer St. Central Facility 21 at 17th and Blake St. Central Facility 50 at 1627 California St. El Paso, TX ...... Allright Facility 208 at 149 Ochoa St. Allright Facility 205 at 605 Myrtle Ave. Houston, TX ...... Allright Facility 589 at 1110 Lamar St. Central Facility 31 at 1111 Fannin St. Allright Facility 168 at 1204 Bagby St. Allright Facility 501 at 1000 Bell Ave. Jacksonville, FL ...... Allright Facility 13 at 425 W. Adams St. Allright Facility 21 at 304 N. Pearl St. Allright Facility 22 at 325 N. Broad St. Allright Facility 82 at SW Corner Clay/Forsyth. Central Facility 107 at 213±4 Julie St. Kansas City, MO ...... Allright Facility 155 at 714 E. 11th St. Knoxville, TN ...... Allright Facility 110 at 505 Locust St S.W. Allright Facility 149 at 408 Church Ave. S.W. Allright Facility 181 at 508A Clinch Ave. Memphis, TN ...... Allright Facility 335 at 215 Jefferson Ave.

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SCHEDULE BÐContinued

City Facility

Allright Facility 333 at 199 Jefferson Ave. Allright Facility 381 at 120 Union Ave. Allright Facility 141 at 188 South Main St. Central Facility 510 at 54 N. 2nd St. Central Facility 511 at 160 Court St. Central Facility 512 at 20 S. Front St. Central Facility 513 at 100 N. Front St. Central Facility 517 at 236 Adams St. Central Facility 525 at 444 North Main St. Miami, FL ...... Allright Facility 161 at 153 SE 2nd St. Central Facility 6136 at 300 SE 3rd Ave. Central Facility 6137 at 301 SE 3rd Ave. Central Facility 6138 at 200 SE 3rd Ave. Nashville, TN ...... Allright Facilities 64 and 118 at 210±220 4th Ave. S. Allright Facility 11 at 143 7th Ave. No. Allright Facility 34 at 719±721 Church St. Allright Facility 115 at 217 7th Ave. So. Allright Facility 70 at 703 3rd Ave. N. Allright Facility 6 at 168 8th Ave. N. Allright Facility 114 at SW Corner of 2nd Ave. S and Molloy St. Central Facility 89 at 501 Broadway. Central Facility 85 at 149 7th Ave. S. Central Facility 27 at 128 8th Ave. N. Central Facility 109 at 147 4th Avenue N. Central Facility 36 at 144 5th Avenue N. Central Facility 53 at 116 5th Avenue N. Allright Facilities 35 and 48 at 411 Church St. New York, NY ...... Central Facility 2227 at 345 W. 58th St. Allright Facility 249 at 14±26 S. William St. Allright Facility 41 at 136 W. 40th St. Allright Facility 282 at 401±471 W. 42nd St. Philadelphia, PA ...... Central Facility 27 at 210 W. Rittenhouse Sq. Allright Facility 81 at 1215 Walnut St. San Antonio, TX ...... Allright Facility 38 at 422 Bonham St. Allright Facility 18 at 309 Elm St. Allright Facility 42 at 303 Blum St. Central Facility 709 at 300 East Houston St. Central Facility 789 at 240 Broadway St. Central Facility 790 at 110 Broadway St. Central Facility 794 at 213 Broadway St. San Francisco, CA ...... Central Facility 135 at 3rd. and Brannan St. Tampa, FL ...... Allright Facility 415 at 1001 N. Morgan St.

Certificate of Service Counsel for Central Parking Corporation Judgment submitted for entry in this David Marx, Jr., Esq., civil antitrust proceeding. I hereby certify that on March 16, McDermott, Will & Emery, 227 West Monroe I. Nature and Purpose of the Proceeding 1999, I served a copy of the Complaint, Street, Chicago, IL 60606, (312) 984–7668 (By Final Judgment and Stipulation on each facsimile and express mail). The plaintiff filed a civil antitrust of the defendants listed below: Counsel for Allright Holdings, Inc. Complaint in this Court on March 16, Michael L. Weiner, Esq., 1999, alleging that the proposed merger Skadden, Arps, Slate, Meagher & Flom L.L.C., between Central Parking Corporation 919 Third Avenue, New York, NY 10022, (Central) and Allright Holdings, Inc. (212) 735–3000 (By facsimile and express (Allright) would violate section 7 of the mail). Clayton Act, 15 U.S.C. 18. The Complaint alleges that Central and Joseph M. Miller, Allright own, lease, and manage off- street parking facilities for motorists in DC Bar No. 439965, U.S. Department of Justice, Antitrust Division, 1401 H Street, NW, several cities of the United States, and Suite 4000, Washington, D.C. 20530, (202) that they are direct and substantial 305–8462. competitors of each other in certain local parking markets identified in the Competitive Impact Statement Complaint. The Complaint also states The United States, pursuant to that Central is the largest parking Section 2(b) of the Antitrust Procedures management company, in terms of and Penalties Act (‘‘APPA’’), 15 U.S.C. parking locations, spaces, and parking 16(b)–(h), files this Competitive Impact revenues, that Allright is the second Statement relating to be proposed Final largest parking management company in

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.112 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15801 the United States, and that they are two II. The Alleged Violations offering off-street parking services to consumers. of only four such companies with a A. The Defendants nationwide presence. The proposed Central and Allright establish parking acquisition would give Central a Central is headquartered in Nashville, prices, either unilaternally or in dominant market share of off-street Tennessee and provides off-street conjunction with the owners of parking parking facilities for motorists in local parking services to motorists in the facilities, on a location-by-location United States, Canada, Mexico, markets identified in the Complaint. In basis. In determining the appropriate Germany, Spain, and Malaysia. It is the such markets, meaningful entry would price and service for any location, the largest company in the United States defendants consider the prices charged be unlikely, untimely, and insufficient offering such services, in terms of the by other providers of off-street parking to undermine anticompetitive effects number of facilities. The company services in the geographic market, as likely to result from the proposed operates over 2,400 parking facilities well as overall demand for parking merger. containing over a million spaces. Its services, and the availability of other The prayer for relief seeks: (a) portfolio of parking facilities include off-street parking locations. The adjudication that Central’s proposed owned, leased and managed properties. Complaint alleges that the proposed merger with Allright would violate In fiscal year 1997, Central had revenues merger threatens competition by section 7 of the Clayton Act; (b) of $222,976,000. substantially increasing Central’s market permanent injunctive relief preventing Allright is headquartered in Houston, shares in the relevant markets, and the consummation of the proposed Texas and provides off-street parking accordingly, would allow Central to acquisition; (c) and such relief as is services to motorists in the United exercise substantial control over prices proper. States. The company is currently 44.5% and services available to consumers. owned by Apollo Real Estate Investment Entry into the relevant markets is A proposed settlement has now been Fund II, L.P., 44.5% owned by AEW unlikely to occur in response to a small reached which is designed to eliminate Partners L.P., 9.1% owned by but significant price increase. To enter the anticompetitive effects likely to management, and 1.9% owned by a relevant market and discipline a result from the proposed merger. Within certain financial advisors to Apollo and noncompetitive price increase, a firm five months after the filng of the AEW and one member of the previous must add to the supply of parking Complaint in this case, the defendants Allright management team. It is the spaces that motorists view as have agreed to divest their parking second largest parking company, in substitutes. Creation of new parking facilities in those local markets in which terms of the number of locations in the spaces in a CBD, however, is most often they are likely to be able to exert market United States. Allright operates over a byproduct of construction or tearing power as a result of the proposed 2,300 parking facilities containing down of buildings. Given the local merger. A Stipulation and proposed nearly 600,000 spaces. Like Central, its character of competition, the cost of Final Judgment embodying the portfolio of parking facilities includes land, the limited availability of settlement has been filed with the Court. owned, leased and managed properties. substitutable parking facilities, and the alternative options for the use of The proposed Final Judgment orders In fiscal year 1997, Allright had annual convenient land in the market, entry the defendants to divest certain of their revenues of $178,637,000. cannot be viewed as a likely and timely off-street parking facilities which they B. Description of the Events Giving Rise response that would undermine an operate, within five months after the to the Alleged Violation anticompetitive price increase. filing of the Complaint in this case, On or about September 21, 1998, unless the United States grants an Central and Allright entered into an III. Explanation of the Proposed Final extension of time. If the defendants fail agreement whereby Allright will Judgment to divest these parking properties within become a wholly owned subsidiary of The proposed Final Judgment would the five month period, the Court may Central, which will continue as the preserve competition in the relevant appoint a trustee to divest the parking surviving entity in structure and in markets identified in the Complaint by facilities identified in the Final name. Current Central shareholders will reducing Central’s market share where Judgment. The proposed Final Judgment own approximately 80% of Central’s Central would be dominant as a result also prohibits the defendants from common stock, and current Allright of the proposed merger. To that end, it taking any action that would impede the shareholders will own approximately requires the divestiture of 74 off-street operation of the parking facilities. The 20% of Central’s common stock. The parking facilities owned, leased or proposed Final Judgment also requires total value of the proposed merger at the managed by Central and Allright in 18 that the divestitures be made to an time it was announced was cities. This relief is designed to ensure acquirer or acquirers that have the approximately $585 million. that the merger does not increase capability and intent to compete Central’s market share in the local C. Anticompetitive Consequences of the markets of the relevant cities to a level effectively in the provision of off-street Proposed Merger parking services. likely to lend to the exercise of market The Complaint alleges that off-street power. The plaintiff and the defendants have parking services for motorists Section IV of the proposed Final stipulated that the proposed Final constitutes a line of commerce, or Judgment requires the defendants to Judgment may be entered after relevant product market, for antitrust divest those parking facilities identified compliance with the APPA. Entry of the purposes. It also alleges that relevant in Schedules A and B of the Final proposed Final Judgment would geographic markets in which to measure Judgment as viable, ongoing businesses. terminate this action, except that the the effects of the proposed merger are no Under the proposed Final Judgment, the Court would retain jurisdiction to larger than the central business districts defendants must take all reasonable construe, modify, or enforce the (CBDs) of the cities identified in the steps necessary to accomplish quickly provisions of the proposed Final Complaint. The Complaint further the divestiture of the specified assets, Judgment and to punish violations alleges that Central and Allright are and shall cooperate with bona fide thereof. direct and substantial competitors in prospective purchasers by supplying all

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Entry of the proposed Thus, the proposed Final Judgment properties must continue to be operated Final Judgment will neither impair nor would achieve the relief the as parking facilities. assist the bringing of any private Government would have sought through The defendants are also prohibited antitrust damage action. Under the litigation, but avoids the time, expense from entering into any agreement to provisions of Section 5(a) of the Clayton and uncertainty of a full trial on the operate any of the leased or managed Act, 15 U.S.C. 16(a), the proposed Final merits of the complaint. properties divested within two (2) years Judgment has no prima facie effect in of the divestiture. any subsequent private lawsuit that may VII. Standard of Review Under the If the defendants fail to divest any of be brought against defendants. APPA for Proposed Final Judgment the parking facilities within the time V. Procedures Available for The APPA requires that proposed period specified in the Final Judgment, consent judgments in antitrust cases or extension thereof, the Court, upon Modification of the Proposed Final Judgment brought by the United States be subject application of the United States, shall to a sixty (60) day comment period, after appoint a trustee to effect the required The United States and the defendants which the court shall determine divestitures. If a trustee is appointed, have stipulated that the proposed Final whether entry of the proposed Final Section VI of the proposed Final Judgment may be entered by the Court Judgment ‘‘is in the public interest.’’ In Judgment provides that the defendants after compliance with the provisions of making that determination, the court will pay all costs and expenses of the the APPA, provided that the United may consider— trustee and any professionals and agents States has not withdrawn its consent. retained by the trustee. The The APPA conditions entry upon the (1) The competitive impact of such compensation paid to the trustee and Court’s determination that the proposed judgment, including termination of alleged violations, provisions for enforcement and any persons retained by the trustee shall Final Judgment is in the public interest. modification, duration or relief sought, be reasonable and shall be based on a The APPA provides a period of at anticipated effects of alternative remedies fee arrangement providing the trustee least sixty (60) days preceding the actually considered, and any other with an incentive based on the price effective date of the proposed Final considerations bearing upon the adequacy of and terms of the divestitures and the Judgment within which any person may such judgment; speed with which they are submit to the United States written (2) The impact of entry of such judgment accomplished. After appointment, the comments regarding the proposed Final upon the public generally and individuals trustee will file monthly reports with Judgment. Any person who wishes to alleging specific injury from the violations the United States, the defendants and comment should do so within sixty (60) set forth in the complaint including the Court, setting forth the trustee’s days of the date of publication of this consideration of the public benefit, if any, to be derived from a determination of the issues efforts to accomplish the divestitures Competitive Impact Statement in the at trial. ordered under the proposal Final Federal Register. The United States will Judgment. If the trustee has not evaluate and respond to the comments. 15 U.S.C. 16(e). As the United States accomplished the divestitures within All comments will be given due Court of Appeals for the D.C. Circuit ninety (90) days after its appointment, consideration by the Department of recently held, this statute permits a the trustee shall promptly file with the Justice, which remains free to withdraw court to consider, among other things, Court a report setting forth (1) the its consent to the proposed Final the relationship between the remedy trustee’s efforts to accomplish the Judgment at any time prior to its entry. secured and the specific allegations set required divestitures, (2) the reasons, in The comments and the response of the forth in the government’s complaint, the trustee’s judgment, why the required United States will be filed with the whether the decree is sufficiently clear, divestitures have not been Court and published in the Federal whether enforcement mechanisms are accomplished, and (3) the trustee’s Register. sufficient, and whether the decree may recommendations. At the same time, the Any such written comments should positively harm third parties. See trustee will furnish such report to the be submitted to: Craig W. Conrath, United States v. Microsoft, 56 F.3d 1448, United States and defendants, who will Chief, Merger Task Force, Antitrust 1461–62 (D.C. Cir. 1995). each have the right to be heard and to Division, United States Department of In conducting this inquiry, ‘‘[t]he make additional recommendations Justice, 1401 H Street, NW, Suite 4000, Court is nowhere compelled to go to consistent with the purpose of the trust. Washington, DC 20530. trial or to engage in extended The relief in the proposed Final The proposed Final Judgment proceedings which might have the effect Judgment is intended to remedy the provides that the Court retains of vitiating the benefits of prompt and likely anticompetitive effects of the jurisdiction over this action, and the less costly settlement through the proposed merger between Allright and parties may apply to the Court for any consent decree process.’’ 1 Rather, Central. Nothing in the proposed Final order necessary or appropriate for the Judgment is intended to limit the United modification, interpretation, or 1 119 Cong. Rec. 24598 (1973). See United States States’s ability to investigate or bring enforcement of the Final Judgment. v. Gillette Co., 406 F. Supp. 713, 715 (D. Mass. actions, where appropriate, challenging 1975). A ‘‘public interest’’ determination can be VI. Alternatives to the Proposed Final made properly on the basis of the Competitive other past or future activities of the Judgment Impact Statement and Response to Comments filed defendants. pursuant to the APPA. Although the APPA The United States considered, as an authorizes the use of additional procedures, 15 IV. Remedies Available to Potential alternative to the proposed Final U.S.C. 16(f), those procedures are discretionary. A Private Litigants court need not invoke any of them unless it believes Judgment, the filing of a complaint and that the comments have raised significant issues Section 4 of the Clayton Act, 15 a full trial on the merits of its complaint. and that further proceedings would aid the court in U.S.C. 15, provides that any person who The United States is satisfied, however, resolving those issues. See H.R. Rep. 93–1463, 93rd

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[a]bsent a showing of corrupt failure of the competitive harm posed by the Assistant Administrator, Office of government to discharge its duty, the Court, proposed merger. Diversion Control, hereby orders that in making its public interest finding, should the application submitted by the above VIII. Determinative Documents . . . carefully consider the explanations of the firm for registration as a bulk government in the competitive impact There are no determinative materials statement and its responses to comments in manufacturer of the basis classes of order to determine whether those or documents within the meaning of the controlled substances listed above is explanations are reasonable under the APPA that were considered by the granted. United States in formulating the circumstances. Dated: March 17, 1999. proposed Final Judgment. United States v. Mid-America John H. King, Dairymen, Inc., 1997–1 Trade Cas. Dated: March 23, 1999. Deputy Assistant Administrator, Office of ¶ 61,508, at 71.980 (W.D. Mo. 1997). Respectfully submitted, Diversion Control, Drug Enforcement Accordingly, with respect to the Allee A. Ramadhan, John C. Filippini, Joseph Administration. adequacy of the relief secured by the M. Miller, [FR Doc. 99–7936 Filed 3–31–99; 8:45 am] decree, a court may not ‘‘engage in an Attorneys, Merger Task Force, U.S. BILLING CODE 4410±09±M unrestricted evaluation of what relief Department of Justice, Antitrust Division, would best serve the public.’’ United 1401 H Street, N.W., Suite 4000, Washington, States v. BNS, Inc., 858 F.2d 456, 462 D.C. 20530, (202) 307–0001. DEPARTMENT OF JUSTICE (9th Cir. 1988), citing United States v. [FR Doc. 99–7975 Filed 3–31–99; 8:45 am] Drug Enforcement Administration Bechtel Corp., 648 F.2d 660, 666 (9th BILLING CODE 4410±11±M Cir. 1981); see also Microsoft, 56 F.3d at [Docket No. 97±19] 1460–62. Precedent requires that the balancing of competing social and DEPARTMENT OF JUSTICE Cadiz Thrift-T Drug, Inc., Termination political interests affected by a proposed of Registration antitrust consent decree must be left, in the Drug Enforcement Administration first instance, to the discretion of the On June 3, 1997, the Deputy Assistant Attorney General. The court’s role in Manufacturer of Controlled Administrator, Office of Diversion protecting the public interest is one of Substances; Notice of Registration Control, Drug Enforcement insuring that the government has not Administration (DEA) issued an Order breached its duty to the public in consenting By Notice dated October 1, 1998, and to Show Cause to Cadiz Thrift-T Drug, to the decree. The court is required to published in the Federal Register on Inc. (Respondent) of Cadiz, Kentucky, determine not whether a particular decree is October 9, 1998 (63 FR 54490), Ansys notifying it of an opportunity to show the one that will best serve society, but Diagnostics, Inc., 25200 Commercentre cause as to why DEA should not revoke whether the settlement is ‘‘within the reaches Drive, Lake Forest, California 92630, its DEA Certificate of Registration of the public interest.’’ More elaborate made application by renewal to the requirements might undermine the BC5009421 pursuant to 21 U.S.C. Drug Enforcement Administration 824(a)(1), (2) and (4), and deny any effectiveness of antitrust enforcement by (DEA) to be registered as a bulk consent decree.2 applications for renewal of such The proposed Final Judgment, manufacturer of the basic classes of registration as a retail pharmacy therefore, should not be reviewed under controlled substances listed below: pursuant to 21 U.S.C. 823(f), for reason a standard of whether it is certain to Drug Schedule that the pharmacy ‘‘falsified an eliminate every anticompetitive effect of application for registration, an owner- a particular practice or whether it Phencyclidine (7471) ...... II operator of the pharmacy was convicted mandates certainty of free competition 1-Piperidinocyclohexane- II of a felony related to controlled in the future. Court approval of a final carbonitrile (PCC) (8603) substances, and your continued judgment requires a standard more Benzoylecgonine (9180) ...... II registration is inconsistent with the flexible and less strict than the standard public interest. . . .’’ required for a finding of liability. ‘‘[A] The firm plans to manufacture the By letter dated June 30, 1997, proposed decree must be approved even listed controlled substances to produce Respondent filed a request for a hearing, if it falls short of the remedy the court standards and controls for in-vitro and following prehearing procedures, a would impose on its own, as long as it diagnostic drug testing systems. hearing was held in Nashville, falls within the range of acceptability or DEA has considered the factors in Tennessee on October 29 and 30, 1997, is within the reaches of public Title 21, United States Code, section before Administration Law Judge Gail interest.’’ 3 823(a) and determined that the A. Randall. At the hearing, both parties This is strong and effective relief that registration of Ansys Diagnostics, Inc. to called witnesses to testify and should fully address the likely manufacture the listed controlled introduced documentary evidence. After substances is consistent with the public the hearing both parties filed proposed Cong. 2d Sess. 8–9 (1974), reprinted in U.S.C.C.A.N. interest at this time. DEA has findings of fact, conclusions of law and 6535, 6538. investigated Ansys Diagnostics, Inc. on argument. On July 31, 1998, Judge 2 Bechtel, 648 F.2d at 666 (citations a regular basis to ensure that the Randall issued her Opinion and omitted)(emphasis added); see BNS, 858 F.2d at company’s continued registration is Recommended Ruling, recommending 463; United States v. National Broadcasting Co., 449 F. Supp. 1127, 1143 (C.D. Cal. 1978); Gillette, consistent with the public interest. that Respondent’s DEA registration be 406 F. Supp. at 716. See also Microsoft, 56 F.3d at These investigations have included revoked, but that the revocation be 1461 (whether ‘‘the remedies [obtained in the inspection and testing of the company’s stayed for three years. decree are] so inconsonant with the allegations physical security systems, audits of the On August 20, 1998 both parties filed charged as to fall outside of the ‘reaches of the public interest’ ’’)(citations omitted). company’s records, verification of the exceptions to the Opinion and 3 United States v. American Tel, and Tel Co., 552 company’s compliance with state and Recommended Ruling of the F. Supp. 131, 151 (D.D.C. 1982), aff’d. sub nom. local laws, and a review of the Administrative Law Judge. In addition, Maryland v. United States, 460 U.S. 1001 (1983), company’s background and history. on August 20, 1998, Respondent filed a quoting Gillette Co., 406 F. Supp. at 716 (citations omitted); United States v. Alcan Aluminum Ltd., Therefore, pursuant to 21 U.S.C. 823 Motion to Dismiss arguing that 605 F. Supp. 619, 622 (W.D. Ky. 1985). and 28 CFR 0.100 and 0.104, the Deputy Respondent has ceased doing business

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The registered location was argued that ‘‘once an order to show of new evidence ‘‘ought to be rejected.’’ designated as 11 Hospital Street, Cadiz, cause has been initiated, there is The Government also argued that if Kentucky. The applicant indicated that it continued jurisdiction over a Respondent’s motion is considered it held Kentucky Pharmacy permit #P01465. registration consistent with DEA should be denied based upon a prior Thomas C. Smith is a co-owner and corporate precedent.’’ In support of its arguments, DEA decision. On September 10, 1998, officer, and the father of David C. Smith. The the Government cited the case of Park Jude Randall transmitted the record of DEA subsequently issued registration number and King Pharmacy, 52 FR 13,136 BC5009421 to [Respondent]. these proceedings to the then-Acting 7. The July 30, 1996, application contained (1987), where the then-Administrator Deputy Administrator. a material falsification by indicating ‘‘no’’ to revoked the DEA registration even The Deputy Administrator concludes a question which asked, in part, ‘‘has any though the pharmacy was sold in the that it is proper to consider officer, partner, stockholder or proprietor ... midst of the proceedings.1 The then- Respondent’s Motion to Dismiss since it ever had a State professional license or Administrator found that a registration was filed before the record was controlled substance registration subject to ongoing administrative transmitted to him and because it raises revoked, suspended, denied, restricted, proceedings cannot be unilaterally the issue of whether there is even a or placed on probation.’’ The terminated pursuant to 21 CFR 1301.62 2 viable DEA registration capable of corporation and its officers knew that on by the registrant by discontinuing revocation in this matter. Accordingly, or about November 16, 1994, the business. Specifically, the then- the Deputy Administrator has Kentucky Board of Pharmacy entered an Administrator noted that ‘‘permitting a considered the record in its entirety, Agreed Order suspending the registrant to terminate his registration including Respondent’s Motion to pharmacist’s license of David C. Smith, unilaterally, during the eleventh hour of Dismiss and the Government’s response President and chief pharmacist of a proceeding to revoke that registration, thereto, and pursuant to 21 CFR [Respondent], for three months. would permit the registrant to avoid any 1316.67, hereby issues his final order 8. [Respondent’s] Certificate of of the collateral effects of revocation and based upon findings of fact and Registration, AC1370597, expired on August could require the Administrator to grant conclusions of law as hereinafter set 31, 1996, and was not renewed. the individual another full evidentiary 9. On or about September 2, 1996, forth. hearing should he decide to re-establish Respondent was issued DEA [Respondent] submitted information to the Kentucky Pharmacy Board indicating a his business or professional practice and Certificate of Registration BC5009421 on ‘‘change in ownership.’’ As a result, apply for a new registration shortly August 23, 1996. On June 30, 1997, DEA Kentucky Pharmacy permit #P01465 was thereafter.’’ issued Respondent an Order to Show ‘‘closed’’ and a new Kentucky Pharmacy In addition, the then-Administrator Cause proposing to revoke its DEA permit #06246 was issued to [Respondent]. found in Park and King Pharmacy that registration. Specifically, the Order to The DEA was not notified in accordance with 21 CFR 1301.37(a) 3 ‘‘effectively Show Cause alleged that: the requirements of 21 CFR § 1307.14. precludes an applicant’s abrupt and 10. On November 25, 1996, David C. 1. On July 27, 1993, [Respondent] renewed Smith, pursuant to the earlier plea unilateral termination of proceedings by its DEA registration, AC1370597, as a retail agreement, was sentenced to two years requiring the Administrator’s pharmacy at a registration location of 11 probation by the United States District Court permission for withdrawal of an Hospital Street, Cadiz, Kentucky. The for the Western District of Kentucky. application at any time after issuance of registrant held Kentucky Pharmacy permit 11. [Respondent] has continued to employ #P01465. At that time, David C. Smith was the Order to Show Cause.’’ The then- David C. Smith as pharmacist-in-charge in the chief pharmacist, as well as a co-owner Administrator reasoned that it is the violation of 21 CFR 1301.76(a). and corporate president. ‘‘application’’ and not the applicant that 2. On August 4, 1994, the DEA Louisville Following a hearing regarding the is the subject of the proceedings and Resident Office conducted an inspection of allegations raised in the Order to Show found that it is similarly the the records of [Respondent], owned and Cause, Judge Randall issued her ‘‘registration,’’ and not the registrant operated by David C. Smith. The audit Opinion and Recommended Ruling on who possessed it, that becomes the revealed that there were shortages and subject of revocation proceedings. As a overages of Schedule II, III, and IV controlled July 31, 1998, recommending that substances. Such discrepancies indicate a Respondent’s registration be revoked result, the then-Administrator failure to keep complete and accurate records but that the revocation be stayed for concluded that a registration cannot be in violation of 21 CFR 1304–21. three years upon the condition that withdrawn without the Administrator’s 3. On or about September 15, 1994, David David Smith not be allowed to work in prior approval. C. Smith admitted to an inspector of the Respondent pharmacy without a DEA The Government in its response to Kentucky Board of Pharmacy that the waiver of 21 CFR 1301.76(a). Respondent’s motion also argued that pharmacy had dispensed or refilled Subsequently, on August 20, 1998, Respondent did not ‘‘surrender’’ its DEA prescriptions for patients without physician Respondent filed a Motion to Dismiss authorization. registration but merely tendered it to 4. On or about November 16, 1994, the with attachments indicating that Kentucky Board of Pharmacy entered an Respondent was sold on May 24, 1998 1 In Park and King Pharmacy, the pharmacy’s Agreed Order suspending the pharmacist’s and its DEA Certificate of Registration DEA registration also expired during the license of David C. Smith for three months. was surrendered to DEA. Respondent proceedings, however that aspect of the case will 5. Pursuant to an Information before the not be discussed here since it is not relevant to the argued that these proceedings are moot issues in this proceeding. United States District Court for the Western since Respondent pharmacy is no longer 2 District of Kentucky, David C. Smith was At the time of the decision in Park and King in business and is not using the DEA Pharmacy the provision regarding the termination charged with two counts of distributing the registration that is the subject of these of a registration was found in 21 CFR 1301.62. That Schedule IV controlled substances Xanax and provision has since been renumbered and can now propoxyphene on May 20, 1993, in violation proceedings. In its response to be found in 21 CFR 1301.52. of 21 U.S.C. 841(a)(1). On or about July 19, Respondent’s motion, the Government 3 This provision has since been renumbered as 21 1996, David C. Smith entered a plea argued that ‘‘the issue regarding CFR 1301.16(a).

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DEA for retirement, ‘‘and that no action occurred in the midst of administrative (c) On or about May 7, 1997, [Dr. Dietz] has been taken, nor is any action proceedings regarding the registration.4 and this same person used cocaine, and such contemplated . . . for reason that The then-Deputy Administrator noted use was for no legitimate medical practice Respondent’s registration record ‘‘that pursuant to 21 CFR 1301.62, the and not in the usual course of [his] currently has an administrative code professional practice. transfer of ownership of G & O (d) On or about May 9, 1997, [Dr. Dietz] ‘‘O’’ placed on it, which forecloses all Pharmacy to AML effectively terminated agreed to sell and attempted to deliver administrative action pending the all authority granted under DEA cocaine to this same person, and such sale outcome of a show cause proceeding. Certificate of Registration, AG2999691, and attempted deliver were for no legitimate Accordingly, DEA has not accepted this previously issued to G & O Pharmacy.’’ medical purpose and not in the usual course tender.’’ Accordingly, the Deputy of [his] professional practice. The Deputy Administrator agrees with Administrator concludes that DEA 2. On May 19, 1997, [Dr. Dietz was] the Government that the chronology of Certificate of Registration BC5009421, indicted in the State of Tennessee, Putnam this case is similar to that of Park and previously issued to Cadiz Thrif/T Drug, County, for two felony counts of unlawfully and knowingly selling cocaine, two felony King Pharmacy. Respondent was sold Inc. terminated as of May 24, 1998, after the Order to Show Cause was counts of unlawfully and knowingly when it discontinued business upon its delivering cocaine, two felony counts of issued. Therefore, according to the sale to Hospital Street Pharmacy, Inc. unlawfully and knowingly possessing decision in Park and King Pharmacy, Therefore there is no viable DEA cocaine with the intent to sell or deliver Respondent’s registration should not be Certificate of Registration capable of cocaine, two felony counts of unlawfully and considered terminated and should be revocation as proposed in the June 3, knowingly conspiring to sell cocaine and one capable of revocation. However, the 1997 Order to Show Cause. This order felony count of unlawfully and knowingly Deputy Administrator is troubled by the is effective immediately. conspiring to possess cocaine with the intent decision in Park and King Pharmacy. to sell or deliver such cocaine. These The Deputy Administrator can find Dated: March 15, 1999. criminal charges were based upon the nothing in the statute or regulations nor Donnie R. Marshall, allegations enumerated above. any other notice to the public that a Deputy Administrator. 3. Based upon the above events, the State [FR Doc. 99–7932 Filed 3–31–99; 8:45 am] of Tennessee, Department of Health, registration does not terminate upon the Tennessee Board of Dentistry, revoked [Dr. sale of a pharmacy if an Order to Show BILLING CODE 4410±09±M Dietz’] dental license, effective May 19, 1997. Cause has been issued. Pursuant to 21 As a result, [Dr. Dietz is] no longer CFR 1301.16, permission is needed to authorized by State law to handle controlled amend or withdraw an application once DEPARTMENT OF JUSTICE substances in the state in which [he is] an Order to Show Cause has been registered with DEA. 21 U.S.C. § 824(a)(3). Drug Enforcement Administration issued, but there is no similar provision By letter dated October 15, 1998, regarding a registration. Therefore, no Michael W. Dietz, D.D.S., Revocation of Respondent waived his opportunity for permission is needed to terminate a Registration a hearing and submitted a written registration. In fact, 21 CFR 1301.52(a) statement regarding his position on the specifically states that, ‘‘the registration On September 23, 1998, the Deputy issues raised in the Order to Show of any person shall terminate if and Assistant Administrator, Office of Cause. Therefore, the Deputy when such person dies, ceases legal Diversion Control, Drug Enforcement Administrator finds that Respondent existence, or discontinues business or Administration (DEA) issued an Order has waived his opportunity for a hearing professional practice.’’ (emphasis to Show Cause to Michael W. Dietz, and hereby enters his final order in this added) D.D.S. (Respondent) of Cookeville, matter based upon the investigative file The Deputy Administrator recognizes Tennessee, notifying him of an and Respondent’s written statement the then-Administrator’s concerns in opportunity to show cause as to why pursuant to 21 CFR 1301.43 (c) and (e) Park and King Pharmacy that to permit DEA should not revoke his DEA and 1301.46. termination after an Order to Show Certificate of Registration AD6561307 The Deputy Administrator finds that Cause has been issued allows a pursuant to 21 U.S.C. 824(a) (3) and (4), in an Order effective May 27, 1998, the registrant to avoid the consequences of and deny any pending applications for State of Tennessee, Department of a revocation. However, pursuant to 21 renewal of such registration pursuant to Health, Board of Dentistry (Board) CFR 1301.52(a) a registration 21 U.S.C. 823(f). Specifically, the Order revoked indefinitely Respondent’s automatically terminates when a to Show Cause alleged that: license to practice dentistry.1 In his pharmacy ceases legal existence or discontinues business or professional ‘‘1. [Dr. Dietz’] continued registration is letter dated October 15, 1998, practice. The Deputy Administrator can inconsistent with the public interest, as that Respondent stated that ‘‘as a result of term is issued in 21 U.S.C. § 823(f) and the actions taken by the Tennessee find no authority to support the § 824(a)(4), as evidenced by, but not limited prevention of a termination, and Board of Dentistry, I do not require a to, the following: DEA Certificate of Registration at this therefore finds no authority to support (a) On or about April 19, 1997, [Dr. Dietz] the then-Administrator’s conclusion in time. I respectfully request a suspension sold cocaine, a Schedule II controlled of my Registration until re-licensure Park and King Pharmacy that a substance, to another person, and such sale registration does not terminate upon the was for no legitimate medical purpose and occurs. Respondent further stated that sale of a pharmacy if an Order to Show not in the usual course of [his] professional he ‘‘fully expect[s] re-instatement of my Cause has been issued. practice. dental license during the spring [Board] In fact in AML Corporation, d/b/a G (b) On or about April 26, 1997, [Dr. Dietz] meeting of 1999.’’ & O Pharmacy, and G & O Pharmacy, again sold cocaine to the same person, and The Deputy Administrator finds that 61 Fed. Reg. 8973 (1996), decided such sale was for no legitimate medical based upon the record before him, purpose and not in the usual course of [his] Respondent is not currently licensed to subsequent to Park and King Pharmacy, professional practice. the then-Deputy Administrator 1 The Deputy Administrator can find no Board concluded that a pharmacy’s 4 In that case, the Government also sought to order revoking Respondent’s dental license effective registration terminated upon the sale of revoke the new pharmacy’s DEA registration and May 19, 1997, as alleged in the Order to Show the pharmacy even though the sale the proceedings were consolidated. Cause.

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15806 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices practice dentistry in the State of DEPARTMENT OF JUSTICE denied because he is not authorized to Tennessee and therefore, it is reasonable handle controlled substances in that to infer that he is not currently Drug Enforcement Administration state. In his response to the authorized to handle controlled [Docket No. 98±30] Government’s motions, Respondent substances in that state. The DEA does requested that his ‘‘credentials be not have the statutory authority under William Franklin Prior, Jr., M.D. Denial returned,’’ and asked Government the Controlled Substances Act to issue of Application counsel to help him ‘‘ask the ALJ to allow my placing of credentials with or maintain a registration if the On April 7, 1998, the Deputy applicant or registrant is without state Judge Simons to be temporary.’’ Assistant Administrator, Office of On August 14, 1998, Judge Bittner authority to handle controlled Diversion Control, Drug Enforcement issued her Opinion and Recommended substances in the state in which he Administration (DEA) issued an Order Decision, terminating the proceedings conducts his business. 21 U.S.C. to Show Cause to William Franklin regarding Respondent’s New Mexico 802(21), 823(f), and 824(a)(3). This Prior, Jr., M.D. (Respondent) of South DEA Certificate of Registration; denying prerequisite has been consistently Carolina and New Mexico. The Order to the Motion to Terminate the upheld. See Romeo J. Perez, M.D., 62 FR Show Cause notified him of an proceedings regarding Respondent’s opportunity to show cause as to why 16193 (1997); Demetris A. Green, M.D., application for a DEA Certificate of DEA should not revoke his DEA 61 FR 60,728 (1996); Dominick A. Ricci, Registration in South Carolina; finding Certificate of Registration BP5105890 1 M.D., 58 FR 51104 (1993). that Respondent lacked authorization to issued to him in New Mexico and deny While Respondent indicates that he any pending applications for renewal of handle controlled substances in the expects reinstatement of his Tennessee that registration, pursuant to 21 U.S.C. State of South Carolina; granting the dental license in the near future, this is 823(f), 824(a)(1) and (a)(4), for reason Government’s Motion for Summary merely speculation at this point in time that he materially falsified an Disposition regarding Respondent’s and there is nothing in the record from application for registration and his application for a DEA registration in the Board to indicate that Respondent’s continued registration would be South Carolina; and recommending that license will in fact be reinstated. The inconsistent with the public interest. Respondent’s application be denied. Deputy Administrator finds that it is The Order to Show Cause also proposed Neither party filed exceptions to her clear that Respondent is not currently to deny Respondent’s pending opinion, and on September 14, 1998, authorized to handle controlled application, executed on September 21, Judge Bittner transmitted the record of substances in the State of Tennessee. As 1994, for registration as a practitioner these proceedings to the Acting Deputy a result, Respondent is not entitled to a with DEA in South Carolina, Pursuant Administrator. DEA registration in that state. to 21 U.S.C. 823(f) for reason that The Deputy Administrator has considered the record in its entirety, Since Respondent’s DEA registration Respondent’s registration would be inconsistent with the public interest. and pursuant to 21 CFR 1316.67, hereby cannot be maintained in Tennessee By letter dated May 19, 1998, issues his final order based upon based upon his lack of state Respondent filed a request for a hearing findings of fact and conclusions of law authorization to handle controlled regarding his New Mexico DEA as hereinafter set forth. The Deputy substances, the Deputy Administrator Certificate of Registration and stating Administrator adopts, in full, the finds that it is unnecessary to determine that ‘‘[t]he application for renewal in Opinion and Recommended Decision of whether Respondent’s continued South Carolina has now been the Administrative Law Judge. registration would be inconsistent with withdrawn. * * * ’’ The matter was The Deputy Administrator finds that the public interest as alleged in the docketed before Administrative Law pursuant to a plea agreement entered Order to Show Cause. Judge Mary Ellen Bittner. On May 26, into by Respondent on April 14, 1998, Accordingly, the Deputy 1998, Judge Bittner issued an Order for in the United States District Court for Administrator of the Drug Enforcement Prehearing Statements. In lieu of filing the District of South Carolina, Administration, pursuant to the a prehearing statement, on June 16, Respondent agreed ‘‘to surrender any 1998, the Government filed a Motion to DEA registration number, especially authority vested in him by 21 U.S.C. 823 Terminate the Proceedings, Motion for number BP5105590. * * * ’’ According and 824 CFR 0.100(b) and 0.104, hereby Summary Disposition and Motion to to the affidavit of a DEA investigator orders that DEA Certificate of Stay Proceedings. In its filing, the dated June 12, 1998, Respondent Registration AD6561307, previously Government contended that pursuant to surrendered his DEA Certificte of issued to Michael Wayne Dietz, D.D.S., a criminal plea agreement entered into Registration to the judge who presided be, and it hereby is, revoked. The on April 14, 1998, Respondent agreed to over the criminal proceedings against Deputy Administrator further orders surrender his New Mexico DEA him, and on June 8, 1998, the that any pending applications for the Certificate of Registration and to investigator retrieved Respondent’s renewal of such registration be, and they withdraw any pending applications for Certificate of Registration from the hereby are, denied. This order is registration with DEA. The Government judge’s office. effective May 3, 1999. argued that as a result, there is nothing Judge Bittner found that in light of the Dated: March 15, 1999. to revoke or deny and therefore these above and the fact that Respondent does proceedings should be terminated. In Donnie R. Marshall, not deny that he surrendered his New addition, the Government contended Mexico DEA registration, ‘‘the issue of Deputy Administrator. that Respondent’s application for a DEA whether or not to revoke it is moot.’’ [FR Doc. 99–7931 Filed 3–31–99; 8:45 am] registration in South Carolina should be Accordingly, Judge Bittner terminated BILLING CODE 4410±09±M the proceedings with respect to DEA 1 While the Order to Show Cause listed Certificate of Registration BP5105590. BP5105890 as Respondent’s DEA registration number in New Mexico, evidence in the record The Deputy Administrator agrees with shows that Respondent’s New Mexico DEA Judge Bittner’s conclusion regarding Certificate of Registration is BP5105590. Respondent’s DEA Certificate of

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Registration issued to him in new response to the Government’s motions, Dated: March 15, 1999. Mexico. Respondent did not deny that he is Donnie R. Marshall, The Deputy Administrator further without authorization to handle Deputy Administrator. finds that pursuant to the April 14, 1998 controlled substances in South Carolina. [FR Doc. 99–7928 Filed 3–31–99; 8:45 am] plea agreement, Respondent also agreed Therefore, the Deputy Administrator BILLING CODE 4410±09±M ‘‘to withdraw any application for a DEA concludes that Respondent is not registration number.’’ In its motions, the currently authorized to handle Government asserted that pursuant to 21 controlled substances in South Carolina. DEPARTMENT OF JUSTICE CFR 1301.16(a), Respondent needed permission from DEA before he could The DEA does not have the statutory Drug Enforcement Administration withdraw his application since the authority under the Controlled Order to Show Cause had been Substances Act to issue or maintain a Manufacturer of Controlled previously issued on April 7, 1998. registration if the applicant or registrant Substances, Notice of Registration Consequently, the Government attached is without state authority to handle By Notice dated December 10, 1998, to its motions a copy of a letter from the controlled substances in the state in and published in the Federal Register on DEA Deputy Assistant Administrator, which he conducts his business. 21 December 23, 1998 (63 FR 71156), Irix Office of Diversion Control which stated U.S.C 802(21), 823(f) and 824(a)(3). This Pharmaceuticals, Inc., 101 Technology that, ‘‘[i]n response to your plea prerequisite has been consistently Place, Forence, South Carolina 29501, agreement * * * you are hereby granted upheld. See Romeo J. Perez, M.D., 62 FR made application to the Drug permission to withdraw your 16193 (1997); Demetris A. Green, M.D. Enforcement Administration (DEA) to application dated September 21, 1994, 61 FR 60728 (1996); Dominick A. Ricci, be registered as a bulk manufacturer of for a Drug Enforcement Administration M.D., 58 FR 51104 (1993). methylphenidate (1724), a basic class of Certificate of Registration.’’ As a result, controlled substance listed in Schedule the Government argued that the Here it is clear that Respondent is not licensed to handle controlled substances II. proceedings regarding Respondent’s The firm plans to manufacture in South Carolina. Therefore, he is not application for a DEA Certificate of methylphenidate for demonstration Registration in South Carolina should be entitled to a DEA registration in that purposes and for dosage form terminated in light of Respondent’s plea state. development and stability studies. agreement and DEA’s granting of In light of the above, Judge Bittner DEA has considered the factors in permission to withdraw the application. properly granted the Government’s Title 21, United States Code, Section However, Judge Bittner concluded Motion for Summary Disposition 823(a) and determined that the that the record does not contain any regarding Respondent’s application for registration of Irix Pharmaceuticals, Inc. evidence that Respondent in fact registration in South Carolina. Here, to manufacture the listed controlled withdrew his September 14, 1994 there is no dispute that Respondent is substance is consistent with the public application for registration. Pursuant to interest at this time. DEA has the plea agreement Respondent only without authorization to handle controlled substances in South Carolina. investigated Irix Pharmaceuticals, Inc. agreed to withdraw any pending to ensure that the company’s applications for registration. Further, Therefore, it is well-settled that when no question of material fact is involved, registration is consistent with the public while the letter from the Deputy interest. Therefore, pursuant to 21 Assistant Administrator granted a plenary, adversary administrative proceeding involving evidence and U.S.C. 823 and 28 CFR. 0.100 and 0.104, Respondent permission to withdraw his the Deputy Assistant Administrator, cross-examination of witnesses is not application, he indicates that he did so Office of Diversion Control, hereby obligatory. See Phillip E. Kirk, M.D., 48 in response to the plea agreement. Judge orders that the application submitted by Bittner noted that in his request for a FR 32887 (1983), aff’d sub nom Kirk v. the above firm for registration as a bulk hearing Respondent stated that ‘‘[t]he Mullen, 749 F.2d 297 (6th Cir. 1984); manufacturer of the basic class of application for renewal in South NLRB v. International Association of controlled substance listed above is Carolina has now been withdrawn.’’ Bridge, Structural and Ornamental granted. However, Judge Bittner concluded that Ironworkers, AFL–CIO, 549 F.2d 634 this is not sufficient evidence to support (9th Cir. 1977); United States v. Dated: March 17, 1999. a finding that Respondent took any Consolidated Mines & Smelting Co., 44 John H. King, action to withdraw his application. As F.2d (9th Cir. 1971). Deputy Assistant Administrator, Office of a result, Judge Bittner concluded, and Diversion Control, Drug Enforcement the Deputy Administrator agrees, that Accordingly, the Deputy Administration. Respondent has not withdrawn his Administrator of the Drug Enforcement [FR Doc. 99–7937 Filed 3–31–99; 8:45 am] September 21, 1994 application and Administration, pursuant to the BILLING CODE 4410±09±M therefore the proceedings regarding this authority vested in him by 21 U.S.C. 823 application are not terminated. and 824 and 28 CFR 0.100(b) and 0.104, With respect to the application for hereby orders that the proceedings DEPARTMENT OF JUSTICE registration in South Carolina, the regarding DEA Certificate of Registration Drug Enforcement Administration Government also argued that summary BP5105590, previously issued to disposition should be granted based on William Franklin Prior, Jr., M.D., be, Manufacturer of Controlled Substance; Respondent’s lack of authorization to and they hereby are, terminated. The Notice of Application handle controlled substances in South Deputy Administrator further orders Carolina. The Deputy Administrator that the September 14, 1994 application Pursuant to Section 1301.33(a) of Title finds that by letter dated September 27, for registration submitted by William 21 of the Code of Federal Regulations 1994, the South Carolina Department of Franklin Prior, Jr., M.D., be, and it (CFR), this is notice that on December Health and Environmental Control hereby is, denied. This order is effective 23, 1998, Johnson Matthey, Inc., Custom denied Respondent’s application for a April 1, 1999. Pharmaceuticals Department, 2003 controlled substance registration. In his Nolte Drive, West Deptford, New Jersey

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08066, made application by renewal to Drug Schedule may file comments or objections to the the Drug Enforcement Administration issuance of the proposed registration. (DEA) for registration as a bulk Dihydromorphine (9145) ...... I Any such comments or objections manufacturer of the basic classes of Hydromorphone (9150) ...... II may be addressed, in quintuplicate, to controlled substances listed below: the Deputy Assistant Administrator, The firm plans to produce bulk Office of Diversion Control, Drug Drug Schedule product and finished dosage units for Enforcement Administration, United distribution to its customers. Difenoxin (9168) ...... I States Department of Justice, Propiram (9649) ...... I DEA has considered the factors in Washington, D.C. 20537, Attention: DEA Amphetamine (1100) ...... II Title 21, United States Code, Section Federal Register Representative (CCR), Methamphetamine (1105) ...... II 823(a) and determined that the and must be filed no later than June 7, Methylphenidate (1724) ...... II registration of Knoll Pharmaceutical 1999. Codeine (9050) ...... II Company to manufacture the listed Dated: March 1, 1999. Oxycodone (9143) ...... II controlled substances is consistent with John H. King, Hydromorphone (9150) ...... II the public interest at this time. DEA has Hydrocodone (9193) ...... II investigated Knoll Pharmaceutical Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Meperidine (9230) ...... II Company on a regular basis to ensure Methadone (9250) ...... II Administration. that the company’s continued Methadone-intermediate (9254) ... II [FR Doc 99–7933 Filed 3–31–99; 8:45 am] registration is consistent with the public Morphine (9300) ...... II BILLING CODE 4410±09±M Thebaine (9333) ...... II interest. These investigations have Alfentanil (9737) ...... II included inspection and testing of the Sufentanil (9740) ...... II company’s physical security systems, DEPARTMENT OF JUSTICE Fentanyl (9801) ...... II audits of the company’s records, verification of the company’s Drug Enforcement Administration The firm plans to manufacture the compliance with state and local laws, listed controlled substances in bulk to and a review of the company’s Manufacturer of Controlled supply final dosage form manufacturers. background and history. Therefore, Substances; Notice of Registration Any other such applicant and any pursuant to 21 U.S.C. 823 and 28 CFR person who is presently registered with 0.100 and 0.104, the Deputy Assistant By Notice dated December 2, 1998, DEA to manufacture such substance Administrator, Office of Diversion and published in the Federal Register may file comments or objections to the Control, hereby orders that the on December 11, 1998, (63 FR 68474), issuance of the proposed registration. application submitted by the above firm Mallinckrodt Chemical, Inc., for registration as a bulk manufacturer Mallinckrodt & Second Streets, St. Any such comments or objections Louis, Missouri 6314, made application may be addressed, in quintuplicate, to of the basic classes of controlled substances listed above is granted. by letter to the Drug Enforcement the Deputy Assistant Administrator, Administration (DEA) to be registered as Office of Diversion Control, Drug Dated: March 18, 1999. a bulk manufacturer of amphetamine Enforcement Administration, United John H. King, (1100), a basic class of controlled States Department of Justice, Deputy Assistant Administrator, Office of substance listed in Schedule II. Washington, D.C. 20537, Attention: DEA Diversion Control, Drug Enforcement Federal Register Representative (CCR), Administration. The firm plans to bulk manufacture the listed controlled substance for and must be filed no later than June 1, [FR Doc. 99–7938 Filed 3–31–99; 8:45 am] product development. 1999. BILLING CODE 4410±09±M DEA has considered the factors in Dated: March 18, 1999. Title 21, United States Code, Section John H. King, DEPARTMENT OF JUSTICE 823(a) and determined that the Deputy Assistant Administrator, Office of registration of Mallinckrodt Chemical, Diversion Control, Drug Enforcement Drug Enforcement Administration Inc. to manufacture amphetamine is Administration. consistent with the public interest at [FR Doc. 99–7934 Filed 3–31–99; 8:45 am] Manufacturer of Controlled this time. DEA has investigated BILLING CODE 4410±09±M Substances; Notice of Application Mallinckrodt Chemical, Inc. on a regular basis to ensure that the company’s Pursuant to Section 1301.33(a) of Title continued registration is consistent with DEPARTMENT OF JUSTICE 21 of the Code of Federal Regulations the public interest. These investigations (CFR), this is notice that on January 20, Drug Enforcement Administration have included inspection and testing of 1999, Lilly Del Caribe, Inc., Chemical the company’s physical security Plant, Kilometer 146.7, State Road 2, Manufacturer of Controlled systems, audits of the company’s Mayaguez, Puerto Rico 00680, made Substances; Notice of Registration records, verification of the company’s application by renewal to the Drug compliance with state and local laws, By Notice dated December 23, 1998, Enforcement Administration (DEA) for and a review of the company’s and published in the Federal Register registration as a bulk manufacturer of background and history. Therefore, on January 4, 1999, (64 FR 182), Knoll dextropropoxyphene (9273), a basic of pursuant to 21 U.S.C. 823 and 28 CFR Pharmaceutical Company, 30 North controlled substances listed in Schedule 0.100 and 0.104, the Deputy Assistant Jefferson Road, Whippany, New Jersey II. Administrator, Office of Diversion 07981, made application by renewal to The firm plans to manufacture bulk Control, hereby orders that the the Drug Enforcement Administration product for distribution to its customers. application submitted by the above firm (DEA) to be registered as a bulk Any other such applicant and any for registration as a bulk manufacturer manufacturer of the basic classes of person who is presently registered with of the basic class of controlled substance controlled substances listed below: DEA to manufacture such substance listed above is granted.

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Dated: March 1, 1999. Dated: March 17, 1999. Dated: March 1, 1999. John H. King, John H. King, John H. King, Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement Administration. Administration. Administration. [FR Doc. 99–7939 Filed 3–31–99; 8:45 am] [FR Doc. 99–7940 Filed 3–31–99; 8:45 am] [FR Doc. 99–7941 Filed 3–31–99; 8:45 am] BILLING CODE 4410±09±M BILLING CODE 4410±09±M BILLING CODE 4410±09±M

DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Drug Enforcement Administration Drug Enforcement Administration Drug Enforcement Administration Prodim Denial of Application Manufacturer of Controlled Manufacturer of Controlled Substances; Notice of Registration Substances; Notice of Registration On June 5, 1998, the Deputy Assistant Administrator, Office of Diversion By Notice dated December 14, 1998, By Notice dated October 1, 1998, and Control, Drug Enforcement and published in the Federal Register published in the Federal Register on Administration (DEA) issued an Order on December 23, 1998 (63 FR 71159), October 9, 1998, (63 FR 54492), to Show Cause to Prodim (Respondent) Noramco of Delaware, Inc., Division of Nycomed, Inc., 33 Riverside Avenue, proposing to deny its application for McNeilab, Inc., 500 Old Swedes Rensselaer, New York 12144, made registration as an exporter of Schedule Landing Road, Wilmington, Delaware application by renewal to the Drug II, III and IV controlled substances 19801, made application by renewal to Enforcement Administration (DEA) to under 21 U.S.C. 958, for reason that its the Drug Enforcement Administration be registered as a bulk manufacturer of registration would be inconsistent with (DEA) to be registered as a bulk the basic classes of controlled the public interest pursuant to 21 U.S.C. manufacturer of the basic classes of substances listed below: 823 (a) and (b). controlled substances listed below: The Order to Show Cause was Drug Schedule ultimately received by Randall Tetzner Drug Schedule who signed the application for Methylphenidate (1724) ...... II registration on behalf of Respondent. By Codeine (9050) ...... II Meperidine (9230) ...... II letter dated September 4, 1998, Oxycodone (9143) ...... II Respondent waived its opportunity for a Hydrocodone (9193) ...... II The firm plans to manufacture hearing and instead submitted a written Morphine (9300) ...... II meperidine as bulk product for statement pursuant to 21 CFR Thebaine (9333) ...... II distribution to it customers and to 1301.43(c). perform a chemical isolation process on Therefore, the Deputy Administrator The firm plans to manufacture the methylphenidate which has been concludes that Respondent has waived its opportunity for a hearing and hereby listed controlled substances for manufactured by another bulk enters his final order in this matter distribution to its customers as bulk manufacturer of methylphenidate. product. based upon the investigative file and DEA has considered the factors in Respondent’s written statement DEA has considered the factors in Title 21, United States Code, section pursuant to 21 CFR 1301.43 (c) and (e) Title 21, United States Code, Section 823(a) and determined that the and 1301.46. 823 (a) and determined that the registration of Nycomed, Inc. to The Deputy Administrator finds that registration of Noramco of Delaware, manufacture the listed controlled Randall Tetzner, on behalf of Inc. to manufacture the listed controlled substances is consistent with the public Respondent, submitted an application substances is consistent with the public interest at this time. DEA has dated October 7, 1995, for registration interest at this time. DEA has investigated Mycomed, Inc. on a regular with DEA as an exporter of Schedule II, investigated Noramco of Delaware, Inc. basis to ensure that the company’s III and IV controlled substances. on a regular basis to ensure that the continued registration is consistent with According to Mr. Tetzner, Respondent company’s continued registration is wants to be registered in order to send consistent with the public interest. the public interest. These investigations have included inspection and testing of donated or purchased controlled These investigations have included substances to Honduras. In describing inspection and testing of the company’s the company’s physical security systems, audits of the company’s Respondent, Mr. Tetzner stated that physical security systems, audits of the ‘‘[t]he organization I volunteer with and company’s records, verification of the records, verification of the company’s compliance with state and local laws, work with supplies needed medications company’s compliance with state and to rural villages in Honduras. * ** and a review of the company’s local laws, and a review of the From a base camp in La Paz, a worker background and history. Therefore, company’s background and history. brings replacement medications via pursuant to 21 U.S.C. 823 and 28 CFR Therefore, pursuant to 21 U.S.C. 823 motorcycle to the villages.’’ and 28 CFR 0.100 and 0.104, the Deputy 0.100 and 0.104, the Deputy Assistant After numerous discussions and Assistant Administrator, Office of Administrator, Office of Diversion correspondence between DEA and Mr. Diversion Control, hereby orders that Control, hereby orders that the Tetzner, an Order to Show Cause was the application submitted by the above application submitted by the above firm issued on June 5, 1998, proposing to firm for registration as a bulk for registration as a bulk manufacturer deny Respondent’s application for manufacturer of the basic classes of of the basic classes of controlled registration. Specifically, the Order to controlled substances listed above is substances listed above is granted. Show Cause alleges that Respondent’s granted. registration would be inconsistent with

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15810 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices the public interest based upon the other than legitimate medical, controlled substances as a paramedic following: scientific, or industrial channels; and a Navy corpsman, there is no a. Mr. Tetzner is the sole representative of (2) Compliance with applicable State evidence that he has any experience in Prodim. On the application for DEA and local law; exporting controlled substances, nor in registration he provided as an address his (3) Promotion of technical advances in the responsibilities of a DEA registrant trailer home. This location does not have the art of manufacturing these in preventing the diversion of controlled secure controlled substance storage facilities substances and the development of substances. and Prodim does not have an alternative new substances; As to factor six, the record indicates location with which to securely store (4) Prior conviction record of applicant that Respondent and Mr. Tetzner do not controlled substances, as required by 21 CFR under Federal or State laws relating to have sufficient knowledge and § 1301.72. Therefore, Mr. Tetzner has not the manufacture, distribution, or understanding of the export demonstrated that he can maintain effective dispensing of such substances; requirements set forth in 21 U.S.C. 953 controls against the diversion of controlled (5) Past experience in the manufacture, and 21 CFR 1312.21. In Respondent’s substances as required pursuant to 21 U.S.C. distribution, and dispensing of § 823(a)(1). written statement, Mr. Tetzner states b. In a letter to DEA dated February 15, controlled substances, and the that it will ‘‘give the DEA at least 30 1996, Mr. Tetzner, informed DEA that he had existence in the establishment of days notice of our intent to send the never before exported controlled substances. effective controls against diversion; medications. * * *’’ Respondent does Therefore, Prodim has no experience in the and not discuss whether its proposed export of controlled substances. 21 U.S.C. (6) Such other factors as may be relevant exportations would meet the § 958(a) and § 823(a)(5) and (d)(5). to and consistent with the public requirements of 21 U.S.C. 953, nor does health and safety. In his written statement dated it indicate that it will follow the September 4, 1998, Mr. Tetzner The Deputy Administrator finds that procedures set forth in 21 CFR 1312.21 indicated that he never meant to store there is no evidence in the record regarding obtaining the authorization to controlled substances at his home, but regarding factors two, three or four. export specific shipments. Particularly instead proposed that Respondent Regarding factor one, there is very little troubling to the Deputy Administrator is would ‘‘give DEA at least 30 days notice specific evidence in the record as to the that the record indicates that Mr. Tetzer of our intent to send the medications, controls Respondent will maintain was advised by DEA on several we purchase or recieve [sic] the against the diversion of controlled occasions of these requirements and was medications at a hospital or drug substances. In its written statement, told where he could obtain a copy of the Respondent maintains that it will not company, then while on site we do the regulations, yet he did not do so. take possession of the controlled required paperwork and on site we ship The Deputy Administrator concludes substances; that the substances would the medications pursuant [sic] to DEA that based upon the record currently be sent from a location already directives. * * * The medications before him Respondent’s registration as registered with DEA, that the donating would only go from an already an exporter of controlled substances agency would confirm the transfer and registered facility, be transferred via would be inconsistent with the public ship the rugs, and that Respondent will paperwork, then the donating agency interest. There is no evidence that only count and verify the drugs on site. would then confirm the transfer and Respondent would maintain effective Pursuant to 21 CFR 1301.43(c), a controls against the diversion of they would ship the drugs. In no written statement ‘‘shall be made a part manner shall PRODIM ever possess controlled substances; that Respondent of the record and shall be considered in possesses relevant experience in the these drugs other than to count and light of the lack of opportunity for cross- handling of controlled substances; and verify on site.’’ Further, Mr. Tetzner examination in determining the weight that Respondent understands the export indicated that he has been a paramedic to be attached to matters of fact asserted requirements set forth in 21 U.S.C. 953 for a number of years and as such therein.’’ The Deputy Administrator understands the importance of and 21 CFR 1312.21. finds that the assertions in Respondent’s Accordingly, the Deputy documenting the use of controlled written statement warrant little weight. substances. Administrator of the Drug Enforcement The Deputy Administrator is unable to Administration pursuant to the Pursuant to 21 U.S.C. 958 and 823, determine from Respondent’s written the Deputy Administrator may deny an authority vested in him by 21 U.S.C. 823 statement who would be responsible for and 958 and 28 CFR 0.100(b) and 0.104, application for registration as an the controlled substances since the exporter of controlled substances if he hereby orders that the application for controlled substances would be stored registration submitted by Prodim, be, finds that such registration would be at the donating agency and the donating inconsistent with the public interest. In and it hereby is, denied. This order is agency would confirm the transfer and effective May 3, 1999. determining the public interest, the ship the drugs. Further, the Deputy Deputy Administrator shall consider the Administrator is unable to determine Dated: March 15, 1999. factors set forth in 21 U.S.C. 823(a) for what controls against diversion would Donnie R. Marshall, registration to export Schedule II be in place during the shipment of any Deputy Administrator. controlled substances and the factors set controlled substances. Of even greater [FR Doc. 99–7929 Filed 3–31–99; 8:45 am] forth in 21 U.S.C. 823(d) for registration concern is that the Deputy BILLING CODE 4410±09±M to export Schedule III and IV controlled Administrator is unable to determine substances. The factors in these two from Respondent’s written statement the sections are essentially the same. identity or location of the donating DEPARTMENT OF JUSTICE Pursuant to 21 U.S.C. 823(d), the Deputy agency or agencies, and is therefore Administrator shall consider: unable to determine whether effective Drug Enforcement Administration (1) Maintenance of effective controls controls are maintained to prevent the Importation of Controlled Substances; against diversion of particular diversion of exported controlled Notice of Application controlled substances and any substances. controlled substances in Schedule III, Regarding factor five while Mr. Pursuant to section 1008 of the IV, or V compounded therefrom into Tetzner indicates that he has handled Controlled Substances Import and

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Export Act (21 U.S.C. 958(I)), the Dated: March 3, 1999. 20537, Attention: DEA Federal Register Attorney General shall, prior to issuing John H. King, Representative (CCF), and must be filed a registration under this Section to a Deputy Assistant Administrator, Office of no later than May 3, 1999. bulk manufacturer of a controlled Diversion Control, Drug Enforcement This procedure is to be conducted substance in Schedule I or II and prior Administration. simultaneously with and independent to issuing a regulation under section [FR Doc. 99–7935 Filed 3–31–99; 8:45 am] of the procedures described in 21 CFR 1002(a) authorizing the importation of BILLING CODE 4410±09±M 1301.34(b), (c), (d), (e), and (f). As noted such a substance, provide in a previous notice at 40 FR 43745–46 manufacturers holding registrations for (September 23, 1975), all applicants for DEPARTMENT OF JUSTICE the bulk manufacture of the substance registration to import a basic class of an opportunity for a hearing. any controlled substance in Schedule I Drug Enforcement Administration or II are and will continue to be required Therefore, in accordance with section to demonstrate to the Deputy Assistant Importation of Controlled Substances; 1301.34 of Title 21, Code of Federal Administrator, Office of Diversion Notice of Application Regulations (CFR), notice is hereby Control, Drug Enforcement given that on January 26, 1999, Roxane Pursuant to section 1008 of the Administration that the requirements Laboratories, Inc., 1809 Wilson Road, Controlled Substances Import and for such registration pursuant to 21 P.O. Box 16532, Columbus, Ohio Export Act (21 U.S.C. 958(i)), the U.S.C. 958(a) 21 U.S.C. 823(a), and 21 43216–6532, made application by Attorney General shall, prior to issuing CFR 1301.34(a), (b), (c), (d), (e), and (f) renewal to the Drug Enforcement a registration under this Section to a are satisfied. Administration to be registered as an bulk manufacturer of a controlled Dated: January 27, 1999. importer of cocaine (9041), a basic class substance in Schedule I or II and prior John H. King, of controlled substance listed in to issuing a regulation under Section Deputy Assistant Administrator, Office of Schedule II. 1002(a) authorizing the importation of Diversion Control, Drug Enforcement The firm plans to import cocaine to such a substance, provide Administration. make products for distribution to the manufacturers holding registrations for [FR Doc. 99–8055 Filed 3–31–99; 8:45 am] the bulk manufacture of the substance firm’s customers. BILLING CODE 4410±09±M an opportunity for a hearing. Any manufacturer holding, or Therefore, in accordance with section applying for, registration as a bulk 1301.34 of Title 21, Code of Federal DEPARTMENT OF JUSTICE manufacturer of this basic class of Regulations (CFR), notice is hereby controlled substance may file written given that on November 30, 1998, Taro Drug Enforcement Administration comments on or objections to the Pharmaceuticals U.S.A., Inc., 5 Skyline application described above and may, at Drive, Hawthorne, New York 10532, [Docket No. 98±25] made application to the Drug the same time, file a written request for George Thomas, PA±C Denial of Enforcement Administration to be a hearing on such application in Application accordance with 21 CFR 1301.43 in registered as a importer of the basic such form as prescribed by 21 CFR classes of controlled substances listed On March 19, 1998, the Deputy 1316.47. below: Assistant Administrator, Office of Diversion Control, Drug Enforcement Any such comments, objections or Drug Schedule requests for a hearing may be addressed, Administration (DEA) issued an Order to Show Cause to George Thomas, PA– in quintuplicate, to the Deputy Assistant Pentobarbital (2270) ...... II C (Respondent) of Richland, Administrator, Office of Diversion Codeine (9050) ...... II Washington. The Order to Show Cause Control, Drug Enforcement Oxycodone (9143) ...... II Hydrocodone (9193) ...... II notified him of an opportunity to show Administration, United States cause as to why DEA should not deny Department of Justice, Washington, D.C. The firm plans to import finished his application for registration as a mid- 20537, Attention: DEA Federal Register product sample for evaluation and level practitioner pursuant to 21 U.S.C. Representative (CCR), and must be filed conducting clinical/Bio-equivalence 823(f) and 824(a)(3), for reason that his no later than (30 days from publication) testing. registration would be inconsistent with This procedure is to be conducted Any manufacturer holding, or the public interest and that he is not simultaneously with and independent applying for, registration as a bulk currently authorized to handle of the procedures described in 21 CFR manufacturer of these basic classes of controlled substances in the State of 1301.34(b), (c), (d), (e), and (f). As noted controlled substances may file written Washington. in a previous notice at 40 FR 43745–46 comments on or objections to the By letter dated April 13, 1998, (September 23, 1975), all applicants for application described above and may, at Respondent filed a request for a hearing registration to import a basic class of the same time, file a written request for and the matter was docketed before any controlled substance in Schedule I a hearing on such application in Administrative Law Judge Gail A. or II are and will continue to be required accordance with 21 CFR 1301.43 in Randall. On April 20, 1998, Judge to demonstrate to the Deputy Assistant such form as prescribed by 21 CFR Randall issued an Order for Prehearing 1316.47. Statements. In lieu of filing a prehearing Administrator, Office of Diversion Any such comments, objections or statement, the Government filed a Control, Drug Enforcement requests for a hearing may be addressed, Motion for Summary Disposition on Administration that the requirements in quintuplicate, to the Deputy Assistant May 5, 1998, alleging that Respondent for such registration pursuant to 21 Administrator, Office of Diversion was not authorized to handle controlled U.S.C. 958(a), 21 CFR 1301.34(a), (b), Control, Drug Enforcement substances in the State of Washington (c), (d), (e), and (f) are satisfied. Administration, United States and therefore DEA cannot issue him a Department of Justice, Washington, D.C. registration in that state. Respondent

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15812 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices did not reply to the Government’s application in light of Government administrative agencies to perform motion. counsel’s representation that meaningless tasks. See Gilbert Ross, On May 27, 1998, Judge Randall Respondent’s request to withdraw his M.D., 61 FR 8664 (1996); Philip E. Kirk, issued an Order denying the application had been forwarded to the M.D., 48 FR 32887 (1983), aff’d sub nom Government’s motion. In doing so, DEA Deputy Assistant Administrator, Kirk v. Mullen, 749 F. 2d 297 (6th Cir. Judge Randall agreed with the Office of Diversion Control for a 1984). Here, there is no dispute that Government that DEA lacks authority to decision. The Deputy Administrator Respondent currently lacks state register a practitioner who is not reasoned that if Respondent’s request to authority to handle controlled authorized to handle controlled withdraw his application had been substances in Washington, where he has substances in the state in which he granted then there is no application to requested to be registered with DEA. practices. However, Judge Randall deny and these proceedings are moot. Accordingly, the Deputy found that the Government had not met By letter dated February 22, 1999, DEA’s Administrator of the Drug Enforcement its burden of proof for summary Chief Counsel indicated that Administration, pursuant to the disposition since the Government failed Respondent’s request to withdraw his authority vested in him by 21 U.S.C. 823 to file a copy of Respondent’s application was denied and attached a and 824 and 28 CFR 0.100(b) and 0.104, application or any other evidence copy of the August 12, 1998 letter from hereby orders that the application for a indicating that Respondent had applied DEA’s Deputy Assistant Administrator, DEA Certificate of Registration to be registered by DEA in the State of Office of Diversion Control denying submitted by George Thomas, PA–C, be, Washington. Thereafter, on June 9, Respondent’s request. and it hereby is, denied. This order is 1998, the Government filed a Motion for The Deputy Administrator has effective May 3, 1999. Reconsideration of Summary considered the record in its entirety, Dated: March 15, 1999. Disposition Motion, arguing that it had and pursuant to 21 CFR 1316.67, hereby met its burden of proof, but nonetheless issues his final order based upon Donnie R. Marshall, attaching a copy of Respondent’s findings of fact and conclusions of law Deputy Administrator. application which reflected an address as hereinafter set forth. The Deputy [FR Doc. 99–7930 Filed 3–31–99; 8:45 am] in Richland, Washington. Administrator, adopts in full, the BILLING CODE 4410±09±M Respondent filed a response to the Opinion and Recommended Ruling of Government’s motion on June 26, 1998. the Administrative Law Judge. In his response, Respondent made three The Deputy Administrator finds that DEPARTMENT OF JUSTICE requests: (1) to withdraw the DEA effective on or about October 5, 1997, application dated January 16, 1997; (2) Respondent entered into an Agreed Immigration and Naturalization Service that future applications be processed in Order with the State of Washington, Agency Information Collection an expedient and timely manner; and Department of Health, Medical Quality Activities: Proposed Collection; (3) that a future application will be Assurance Commission. As part of the Comment Request handled favorably, as long as the Agreed Order, Respondent agreed that Respondent holds the appropriate state he shall not order, prescribe or dispense ACTION: Notice of Information Collection license. On July 13, 1998, the controlled substances. Based upon the under Review: Application for Government contended that pursuant to evidence in the record this Agreed Certificate of Citizenship in Behalf of an 21 CFR 1301.16(a) and 28 CFR 0.100 Order is still in effect and Respondent Adopted Child. and 0.104, Judge Randall lacked does not dispute that he is without jurisdiction to grant Respondent’s authority to handle controlled The Department of Justice, request to withdraw his pending substances in the State of Washington. Immigration and Naturalization Service application. In a footnote, the The DEA does not have statutory (INS) has submitted the following Government indicated that authority under the Controlled information collection request to the Respondent’s request to withdraw his Substances Act to issue or maintain a Office of Management and Budget application had been forwarded to the registration if the applicant or registrant (OMB) for review and clearance in DEA Deputy Assistnt Administrator, is without state authority to handle accordance with the Paperwork Office of Diversion Control. controlled substances in the state in Reduction Act of 1995. The information On July 23, 1998, Judge Randall which he conducts his business. 21 collection was previously published in issued her Opinion and Recommended U.S.C. 802(21), 823(f) and 824(a)(3). the Federal Register on January 14, Ruling, concluding that she lacked This prerequisite has been consistently 1999 at 64 FR 2517, allowing for a 60- jurisdiction to grant Respondent’s upheld. See Romeo J. Perez, M.D., 62 FR day public comment period. No request to withdraw his application; 16193 (1997); Demetris A. Green M.D., comments were received by the INS on finding that Respondent lacked 61 FR 60728 (1996); Dominick A. Ricci, this proposed information collection. authorization to handle controlled M.D., 58 FR 51104 (1993). The purpose of this notice is to allow substances in the State of Washington; Here it is clear tht Respondent is not an additional 30 days for public granting the Government’s Motion for authorized to handle controlled comments. Comments are encouraged Summary Disposition; and substances in Washington. Therefore, he and will be accepted until May 3, 1999. recommending that Respondent’s is not entitled to a DEA registration in This process is conducted in accordance application for registration be denied. that state. with 5 CFR 1320.10. Neither party filed exceptions to her The Deputy Administrator further Written comments and/or suggestions opinion, and on September 1, 1998, finds that in light of the above, Judge regarding the items contained in this Judge Randall transmitted the record of Randall properly granted the notice, especially regarding the these proceedings to the Acting Deputy Government’s Motion for Summary estimated public burden and associated Administrator. Disposition. It is well settled that when response time, should be directed to the In a letter dated January 5, 1999 to no question of material fact is involved, Office of Management and Budget, DEA’s Chief Counsel, the Deputy or when the facts are agreed upon, there Office of Information and Regulatory Administrator sought clarification is no need for a plenary, administrative Affairs, Attention: Stuart Shapiro, regarding the status of Respondents hearing. Congress did not intend for Department of Justice Desk Officer,

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Room 10235, Washington, DC 20530; of Justice, Room 5307, 425 I Street, NW., concerning the proposed collection of 202–395–7316. Washington, DC 20536. information should address one or more Written comments and suggestions Additionally, comments and/or of the following four points: from the public and affected agencies suggestions regarding the item(s) (1) Evaluate whether the proposed concerning the proposed collection of contained in this notice, especially collection of information is necessary information should address one or more regarding the estimated public burden for the proper performance of the of the following four points: and associated response time may also functions of the agency, including (1) Evaluate whether the proposed be directed to Mr. Richard A. Sloan. whether the information will have collection of information is necessary If additional information is required practical utility; for the proper performance of the contact: Mr. Robert B. Briggs, Clearance (2) Evaluate the accuracy of the functions of the agency, including Officer, United States Department of agency’s estimate of the burden of the whether the information will have Justice, Information Management and proposed collection of information, practical utility; Security Staff, Justice Management including the validity of the (2) Evaluate the accuracy of the Division, Suite 850, Washington, Center, methodology and assumptions used; agency’s estimate of the burden of the 1001 G Street, NW, Washington, DC (3) Enhance the quality, utility, and proposed collection of information, 20530. clarity of the information to be including the validity of the March 26, 1999. collected; and methodology and assumptions used; Richard A. Sloan, (4) Minimize the burden of the (3) Enhance the quality, utility, and Department Clearance Officer, United States collection of information on those who clarity of the information to be Department of Justice Immigration and are to respond, including through the collected; and Naturalization Service. use of appropriate automated, (4) Minimize the burden of the [FR Doc. 99–7959 Filed 3–31–99; 8:45 am] electronic, mechanical, or other collection of information on those who BILLING CODE 4410±10±M technological collection techniques or are to respond, including through the other forms of information technology, use of appropriate automated, e.g., permitting electronic submission of electronic, mechanical, or other DEPARTMENT OF JUSTICE responses. technological collection techniques or Overview of this information other forms of information technology, Immigration and Naturalization Service collection: e.g., permitting electronic submission of Agency Information Collection (1) Type of Information Collection: responses. Reinstatement without change of a Overview of this information Activities: Proposed Collection; previously approved collection. collection: Comment Request (1) Type of Information Collection: (2) Title of the Form/Collection: ACTION: Notice of Information Collection Extension of currently approved Notice to Student or Exchange Visitor. Under Review: Notice to Student or (3) Agency form number, if any, and collection. Exchange Visitor. (2) Title of the Form/Collection: the applicable component of the Application for Certificate of The Department of Justice, Department of Justice sponsoring the Citizenship in Behalf of an Adopted Immigration and Naturalization Service collection: Form I–515, Adjudications Child. (INS) has submitted the following Division, Immigration and (3) Agency form number, if any, and information collection request to the Naturalization Service. the applicable component of the Office of Management and Budget (4) Affected public who will be asked Department of Justice sponsoring the (OMB) for review and clearance in or required to respond, as well as a brief collection: Form N–643, Adjudications accordance with the Paperwork abstract: Primary: Individuals or Division, Immigration and Reduction Act of 1995. The information Households. This information collection Naturalization Service. collection was previously published in will be used to notify students or (4) Affected public who will be asked the Federal Register on January 11, exchange visitors admitted to the United or required to respond, as well as a brief 1999 at 64 FR 1643, allowing for a 60- States as nonimmigrants that they have abstract: Primary: Individuals or day public comment period. No been admitted without required forms Households. This information collection comments were received by the INS on and that they have 30 days to present allows United States citizen parents to this proposed information collection. the required forms and themselves to apply for a certificate of citizenship on The purpose of this notice is to allow the appropriate office for correct behalf of their adopted alien children. an additional 30 days for public processing. (5) An estimate of the total number of comments. Comments are encouraged (5) An estimate of the total number of respondents and the amount of time and will be accepted until May 3, 1999. respondents and the amount of time estimated for an average respondent to This process is conducted in accordance estimated for an average respondent to respond: 11,159 responses at 1 hour per with 5 CFR 1320.10. respond: 3,000 responses at 5 minutes response. Written comments and/or suggestions (.083 hours) per response. (6) An estimate of the total public regarding the items contained in this (6) An estimate of the total public burden (in hours) associated with the notice, especially regarding the burden (in hours) associated with the collection: 11,159 annual burden hours. estimated public burden and associated collection: 249 annual burden hours. If you have additional comments, response time, should be directed to the If you have additional comments, suggestions, or need a copy of the Office of Management and Budget, suggestions, or need a copy of the proposed information collection Office of Information and Regulatory proposed information collection instrument with instructions, or Affairs, Attention: Stuart Shapiro, instrument with instructions, or additional information, please contact Department of Justice Desk Officer, additional information, please contact Richard A. Sloan 202–514–3291, Room 10235, Washington, DC 20530; Richard A. Sloan 202–514–3291, Director, Policy Directives and 202–395–7316. Director, Policy Directives and Instructions Branch, Immigration and Written comments and suggestions Instructions Branch, Immigration and Naturalization Service, U.S. Department from the public and affected agencies Naturalization Service, U.S. Department

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.135 pfrm03 PsN: 01APN1 15814 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices of Justice, Room 5307, 425 I Street, NW, concerning the proposed collection of Washington, DC 20536. Additionally, Washington, DC 20536. information should address one or more comments and/or suggestions regarding Additionally, comments and/or of the following four points: the item(s) contained in this notice, suggestions regarding the item(s) (1) Evaluate whether the proposed especially regarding the estimated contained in this notice, especially collection of information is necessary public burden and associated response regarding the estimated public burden for the proper performance of the time may also be directed to Mr. and associated response time may also functions of the agency, including Richard A. Sloan. be directed to Mr. Richard A. Sloan. whether the information will have If additional information is required If additional information is required practical utility; contact: Mr. Robert B. Briggs, Clearance contact: Mr. Robert B. Briggs, Clearance (2) Evaluate the accuracy of the Officer, United States Department of Officer, United States Department of agency’s estimate of the burden of the Justice, Information Management and Justice, Information Management and proposed collection of information, Security Staff, Justice Management Security Staff, Justice Management including the validity of the Division, Suite 850, Washington, Center, Division, Suite 850, Washington Center, methodology and assumptions used; 1001 G Street, N.W., Washington, DC 1001 G Street, NW, Washington, DC (3) Enhance the quality, utility, and 20530. 20530. clarity of the information to be Dated: March 26, 1999. Dated: March 26, 1999. collected; and Richard A. Sloan, (4) Minimize the burden of the Richard A. Sloan, Department Clearance Officer, United States collection of information on those who Department Clearance Officer, United States Department of Justice, Immigration and Department of Justice, Immigration and are to respond, including through the Naturalization Service. Naturalization Service. use of appropriate automated, [FR Doc. 99–7961 Filed 3:31–99; 8:45 am] electronic, mechanical, or other [FR Doc. 99–7960 Filed 3–31–99; 8:45 am] BILLING CODE 4410±10±M BILLING CODE 4410±10±M technological collection techniques or other forms of information technology, e.g., permitting electronic submission of DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE responses. Overview of this information Immigration and Naturalization Service Immigration and Naturalization Service collection: (1) Type of Information Collection: Agency Information Collection Agency Information Collection Reinstatement without change of a Activities: Proposed Collection; Activities: Proposed Collection; previously approved collection. Comment Request Comment Request (2) Title of the Form/Collection: ACTION: Application to Payoff or Discharge Alien Notice of Information Collection ACTION: Notice of Information Collection under Review: Supplementary Crewman. under Review: Application to Payoff or (3) Agency form number, if any, and Statement for Graduate Medical Discharge Alien Crewman. the applicable component of the Trainees. The Department of Justice, Department of Justice sponsoring the The Department of Justice, Immigration and Naturalization Service collection: Form I–408, Inspections Immigration and Naturalization Service (INS) has submitted the following Division, Immigration and (INS) has submitted the following information collection request to the Naturalization Service. information collection request to the Office of Management and Budget (4) Affected public who will be asked Office of Management and Budget (OMB) for review and clearance in or required to respond, as well as a brief (OMB) for review and clearance in accordance with the Paperwork abstract: Primary: Individuals or accordance with the Paperwork Reduction Act of 1995. The information Households. This information collection Reduction Act of 1995. The information collection was previously published in is required by section 256 of the collection was previously published in the Federal Register on January 11, Immigration and Nationality Act for use the Federal Register on January 11, 1999 at 64 FR 1642, allowing for a 60- in obtaining permission from the 1999 at 64 FR 1643, allowing for a 60- day public comment period. No Attorney General by master or day public comment period. No comments were received by the INS on commanding officer for any vessel or comments were received by the INS on this proposed information collection. aircraft, to pay off or discharge any alien this proposed information collection. The purpose of this notice is to allow crewman in the United States. The purpose of this notice is to allow an additional 30 days for public (5) An estimate of the total number of an additional 30 days for public comments. Comments are encouraged respondents and the amount of time comments. Comments are encouraged and will be accepted until May 3, 1999. estimated for an average respondent to and will be accepted until May 3, 1999. This process is conducted in accordance respond: 85,000 responses at 25 minutes This process is conducted in accordance with 5 CFR 1320.10. (.416 hours) per response. with 5 CFR 13120.10. Written comments and/or suggestions (6) An estimate of the total public Written comments and/or suggestions regarding the items contained in this burden (in hours) associated with the regarding the items contained in this notice, especially regarding the collection: 35,360 annual burden hours. notice, especially regarding the estimated public burden and associated If you have additional comments, estimated public burden and associated response time, should be directed to the suggestions, or need a copy of the response time, should be directed to the Office of Management and Budget, proposed information collection Office of Management and Budget, Office of Information and Regulatory instrument with instructions, or Office of Information and Regulatory Affairs, Attention: Stuart Shapiro, additional information, please contact Affairs, Attention: Stuart Shapiro, Department of Justice Desk Officer, Richard A. Sloan 202–514–3291, Department of Justice Desk Officer, Room 10235, Washington, DC 20530; Director, Policy Directives and Room 10235, Washington, DC 20530; 202–395–7316. Instructions Branch, Immigration and 202–395–7316. Written comments and suggestions Naturalization Service, U.S. Department Written comments and suggestions from the public and affected agencies of Justice, Room 5307, 425 I Street, NW., from the public and affected agencies

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Briggs, Clearance practical utility; functions of the agency, including Officer, United States Department of (2) Evaluate the accuracy of the whether the information will have Justice, Information Management and agency’s estimate of the burden of the practical utility; Security Staff, Justice Management proposed collection of information, (2) Evaluate the accuracy of the Division, Suite 850, Washington Center, including the validity of the agency’s estimate of the burden of the 1001 G Street, NW., Washington, DC methodology and assumptions used; proposed collection of information, 20530. (3) Enhance the quality, utility, and including the validity of the clarity of the information to be Dated: March 26, 1999. methodology and assumptions used; collected; and (3) Enhance the quality, utility, and Richard A. Sloan, (4) Minimize the burden of the clarity of the information to be Department Clearance Officer, United States collection of information on those who collected; and Department of Justice, Immigration and are to respond, including through the (4) Minimize the burden of the Naturalization Service. use of appropriate automated, collection of information on those who [FR Doc. 99–7962 Filed 3–31–99; 8:45 am] electronic, mechanical, or other are to respond, including through the BILLING CODE 4410±10±M technological collection techniques or use of appropriate automated, other forms of information technology, electronic, mechanical, or other e.g., permitting electronic submission of DEPARTMENT OF JUSTICE technological collection techniques or response. other forms of information technology, Immigration and Naturalization Service Overview of this information e.g., permitting electronic submission of collection: responses. Agency Information Collection (1) Type of Information Collection: Overview of this information Activities: Proposed Collection; Reinstatement without change of a collection: Comment Request previously approved collection. (1) Type of Information Collection: (2) Title of the Form/Collection: Reinstatement without change of a ACTION: Notice of Information Collection Application for Transfer of Petition for previously approved collection. Under Review: Application for Transfer Naturalization. (2) Title of the Form/Collection: of Petition for Naturalization. (3) Agency form number, if any, and Supplementary Statement for Graduate the applicable component of the Medical Trainees. The Department of Justice, Department of Justice sponsoring the (3) Agency form number, if any, and Immigration and Naturalization Service collection: Form N–455, Adjudications the applicable component of the (INS) has submitted the following Division, Immigration and Department of Justice sponsoring the information collection request to the Naturalization Service. collection: Form I–644, Adjudications Office of Management and Budget (4) Affected public who will be asked Division, Immigration and (OMB) for review and clearance in or required to respond, as well as a brief Naturalization Service. accordance with the Paperwork abstract: Primary Individuals or (4) Affected public who will be asked Reduction Act of 1995. The information Households. The form will be used by or required to respond, as well as brief collection was previously published in the applicant to request transfer of his abstract: Primary: Individuals or the Federal Register on January 11, or her petition to another court in Households. This information collection 1999 at 64 FR 1641, allowing for a 60- accordance with section 405 of the will be used by foreign exchange day public comment period. No Immigration and Nationality Act. The visitors who are seeking an extension of comments were received by the INS on Service will also use this information to stay in order to complete a program of this proposed information collection. make recommendations to the court. graduate education and training. The purpose of this notice is to allow (5) An estimate of the total number of (5) An estimate of the total number of an additional 30 days for public respondents and the amount of time respondents and the amount of time comments. Comments are encouraged estimated for an average respondent to estimated for an average respondent to and will be accepted until May 3, 1999. respond: 100 responses at 10 minutes respond: 3,000 responses at 5 minutes This process is conducted in accordance (.166 hours) per response. (.083 hours) per response. with 5 CFR 1320.10. (6) An estimate of the total public (6) An estimate of the total public Written comments and/or suggestions burden (in hours) associated with the burden (in hours) associated with the regarding the items contained in this collection: 17 annual burden hours. collection: 249 annual burden hours. notice, especially regarding the If you have additional comments, If you have additional comments, estimated public burden and associated suggestions, or need a copy of the suggestions, or need a copy of the response time, should be directed to the proposed information collection proposed information collection Office of Management and Budget, instrument with instructions, or instruments with instructions, or Office of Information and Regulatory additional information, please contact additional information, please contact Affairs, Attention: Stuart Shapiro, Richard A. Sloan, (202) 514–3291, Richard A. Sloan 202–514–3291, Department of Justice Desk Officer, Director, Policy Directives and Director, Policy Directives and room 10235, Washington, DC 20530; Instructions Branch, Immigration and Instructions Branch, Immigration and (202) 395–7316. Naturalization Service, U.S. Department Naturalization Service, U.S. Department Written comments and suggestions of Justice, Room 5307, 425 I Street, NW., of Justice, Room 5307, 425 I Street, NW., from the public and affected agencies Washington, DC 20536. Additionally, Washington, DC 20536. Additionally, concerning the proposed collection of comments and/or suggestions regarding comments and/or suggestions regarding information should address one or more the item(s) contained in this notice, the item(s) contained in this notice, of the following four points: especially regarding the estimated

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15816 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices public burden and associated response e.g., permitting electronic submission of DEPARTMENT OF JUSTICE time may also be directed to Mr. responses. Richard A. Sloan. Overview of this information Immigration and Naturalization Service If additional information is required collection: contact: Mr. Robert B. Briggs, Clearance (1) Type of Information Collection: Agency Information Collection Officer, United States Department of Reinstatement without change of Activities: Comment Request Justice, Information Management and previously approved collection. AGENCY: Notice of Information Security Staff, Justice Management (2) Title of the Form/Collection: Collection Under Review; Application Division, Suite 850, Washington Center, Health and Human Services Statistical for Permission to Reapply for 1001 G Street, NW., Washington, DC Data for Refugee/Asylee Adjusting Admission into the United States after 20530. Status. Deportation or Removal. (3) Agency form number, if any, and Dated: March 26, 1999. the applicable component of the The Department of Justice, Richard A. Sloan, Department of Justice sponsoring the Immigration and Naturalization Service Department Clearance Officer, United States collection: Form I–643. Adjudications has submitted the following information Department of Justice, Immigration and Division, Immigration and collection request for review and Naturalization Service. Naturalization Service. clearance in accordance with the [FR Doc. 99–7963 Filed 3–31–99; 8:45 am] (4) Affected public who will be asked Paperwork Reduction Act of 1995. The BILLING CODE 4410±10±M or required to respond, as well as a brief proposed information collection is abstract: Primary: Individuals or published to obtain comments from the households. The primary purpose of the public and affected agencies. Comments DEPARTMENT OF JUSTICE data collected on this form is for use in are encouraged and will be accepted for ‘‘sixty days’’ until June 1, 1999. Immigration and Naturalization Service the Office of Refugee Resettlement Report to Congress (8 U.S.C. 1523). The Written comments and suggestions from the public and affected agencies Agency Information Collection Service is required to report on the concerning the proposed collection of Activities: Comment Request status of refugees at the time of adjustment to lawful permanent information should address one or more ACTION: Notice of Information Collection resident. of the following four points: Under Review; Health and Human (5) An estimate of the total number of (1) Evaluate whether the proposed Services Statistical Data for Refugee/ respondents and the amount of time collection of information is necessary Asylee Adjusting Status. estimated for an average respondent to for the proper performance of the respond: 195,000 responses at 30 functions of the agency, including The Department of Justice, whether the information will have Immigration and Naturalization Service minutes (.50 hours) per response. (6) An estimate of the total public practical utility; has submitted the following information burden (in hours) associated with the (2) Evaluate the accuracy of the collection request for review and collection: 97,500 annual burden hours agencies estimate of the burden of the clearance in accordance with the If you have additional comments, proposed collection of information, Paperwork Reduction Act of 1995. The suggestions, or need a copy of the including the validity of the proposed information collection is proposed information collection methodology and assumptions used; published to obtain comments from the instrument with instructions, or (3) Enhance the quality, utility, and public and affected agencies. Comments additional information, please contact clarity of the information to be are encouraged and will be accepted for Richard A. Sloan 202–514–3291, collected; and ‘‘sixty days’’ until June 1, 1999. Director, Policy Directives and (4) Minimize the burden of the Written comments and suggestions Instructions Branch, Immigration and collection of information on those who from the public and affected agencies Naturalization Service, U.S. Department are to respond, including through the concerning the proposed collection of of Justice, Room 5307, 425 I Street, NW., use of appropriate automated, information should address one or more Washington, DC 20536. Additionally, electronic, mechanical, or other of the following four points: comments and/or suggestions regarding technological collection techniques or (1) Evaluate whether the proposed the item(s) contained in this notice, other forms of information technology, collection of information is necessary especially regarding the estimated e.g., permitting electronic submission of for the proper performance of the public burden and associated response responses. functions of the agency, including time may also be directed to Mr. Overview of this information whether the information will have Richard A. Sloan. collection: practical utility; If additional information is required (1) Type of Information Collection: (2) Evaluate the accuracy of the contact: Mr. Robert B. Briggs, Clearance Reinstatement without change of agencies estimate of the burden of the Officer, United States Department of previously approved collection. proposed collection of information, (2) Title of the Form/Collection: Justice, Information Management and including the validity of the Application for Permission to Reapply Security Staff, Justice Management methodology and assumptions used; for Admission into the United States Division, Suite 850, Washington Center, (3) Enhance the quality, utility, and after Deportation or Removal. 1001 G Street, NW., Washington, DC clarity of the information to be (3) Agency form number, if any, and 20530. collected; and the applicable component of the (4) Minimize the burden of the Dated: March 26, 1999. Department of Justice sponsoring the collection of information on those who Richard A. Sloan, collection: Form I–212. Adjudications are to respond, including through the Department Clearance Officer, United States Division, Immigration and use of appropriate automated, Department of Justice, Immigration and Naturalization Service. electronic, mechanical, or other Naturalization Service. (4) Affected public who will be asked technological collection techniques or [FR Doc. 99–7964 Filed 3–31–99; 8:45 am] or required to respond, as well as a brief other forms of information technology, BILLING CODE 4410±10±M abstract: Primary: Individuals or

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It should have instead stated that methodology and assumptions used; estimated for an average respondent to a Nicaraguan who is eligible to apply for • Enhance the quality, utility, and respond: 7,250 responses at 20 minutes adjustment under section 202 of clarity of the information to be (.333) per response. NACARA must apply prior to April 1, collected; and (6) An estimate of the total public 2000. The purpose of this notice is to • Minimize the burden of the burden (in hours) associated with the inform potential applicants of the collection of information on those who collection: 2,414 annual burden hours. correct date and prevent individuals are to respond, including through the If you have additional comments, from missing the filing deadline. use of appropriate automated, suggestions, or need a copy of the DATES: This notice is effective April 1, electronic, mechanical, or other proposed information collection 1999. technological collection techniques or instrument with instructions, or other firms of information technology, additional information, please contact FOR FURTHER INFORMATION CONTACT: e.g., permitting electronic submission of Richard A. Sloan 202–514–3291, Michael Valverde, Immigration and responses. Director, Policy Directives and Naturalization Service, Adjudications Agency: Pension and Welfare Benefits Instructions Branch, Immigration and Division, 425 I Street, NW, Room 3214, Administration. Naturalization Service, U.S. Department Washington, DC 20536, telephone (202) Title: Summary Plan Description of Justice, Room 5307, 425 I Street, NW., 514–4754. (SPD) Requirements under the Washington, DC 20536. Additionally, Dated: March 24, 1999. Employee Retirement Income Security comments and/or suggestions regarding Doris Meissner, Act of 1974 (ERISA). the item(s) contained in this notice, Commissioner, Immigration and Type: Extension of emergency especially regarding the estimated Naturalization Service. clearance for provisions of the interim public burden and associated response [FR Doc. 99–7966 Filed 3–31–99; 8:45 am] final rule relating to the disclosure time may also be directed to Mr. BILLING CODE 4410±10±M requirements of the Newborns’ and Richard A. Sloan. Mothers’ Health Protection Act of 1996 If additional information is required (NMHPA) (63 FR 48372, September 9, contact: Mr. Robert B. Briggs, Clearance 1998). Officer, United States Department of DEPARTMENT OF LABOR OMB Numbers: 1210–0039. Justice, Information Management and Frequency: On occasion. Security Staff, Justice Management Office of the Secretary Affected Public: Individuals or Division, Suite 850, Washington Center, households; business or other for-profit, 1001 G Street, NW., Washington, DC Submission for OMB Review; Not-for-profit institutions. 20530. Comment Request Total Respondents: 888,393. Total Responses: 52,115,000. Dated: March 26, 1999. March 25, 1999. Estimated Burden Hours, Total Richard A. Sloan, The Department of Labor (DOL) has Annual Burden: 746,983. Department Clearance Officer, United States submitted the following public Total annual cost (operating and Department of Justice, Immigration and information collection request (ICR) to maintenance: $99,898,000. Naturalization Service. the Office of Management and Budget Description: NMHPA amended ERISA [FR Doc. 99–7965 Filed 3–31–99; 8:45 am] (OMB) for review and approval in by adding a new section 711 requiring BILLING CODE 4410±10±M accordance with the Paperwork group health plans to discloser to Reduction Act of 1995 (Pub. L. 104–13, participants and beneficiaries new 44 U.S.C. Chapter 35). A copy of the federal law restrictions on the extent to DEPARTMENT OF JUSTICE ICR, with applicable supporting which group health plans and health insurance issuers may limit hospital Immigration and Naturalization Service documentation, may be obtained by contacting the Department of Labor, lengths of stay for mothers and newborn [INS No. 1965±98] Acting Department Clearance Officer, children following delivery. Disclosure Pauline Perrow at (202) 219–5096, ext. was required to be provided not later Designation of Nicaragua Under 165 or by E-Mail at Perrow- than 60 days after the first day of the Temporary Protected Status; [email protected]. first plan year beginning on or after Correction Comments should be sent to the January 1, 1998. On April 8, 1997 the AGENCY: Immigration and Naturalization Office of Information and Regulatory Department issued interim final rules Service, Justice. Affairs, Attn: Desk Officer for Pension (62 FR 16979) implementing provisions ACTION: Notice of correction. and Welfare Benefits Administration, of section 711 by amending the existing Office of Management and Budget, SPD content rules (29 CFR 2520.102–3) SUMMARY: On January 5, 1999, the Room 10235, Washington, DC 20503 by requiring group health plan SPDs to Immigration and Naturalization Service ((202) 395-7316) on or before May 3, include specific disclosures concerning (Service) published a notice in the 1999. minimum hospital lengths of stay for Federal Register at 64 FR 526 which OMB is particularly interested in mothers and newborn children designated Nicaragua under the comments that: following childbirth. In response to Temporary Protected Status (TPS) • Evaluate whether the proposed subsequent public comment, and in program for 18 months. In the collection of information is necessary recognition of a need for further supplemental information to the notice for the proper performance of the clarification, the Department issued an of January 5, 1999, the Service functions of the agency, including interim final rule (63 FR 48372,

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September 9, 1998) clarifying disclosure ESA, ETA, MSHA, OSHA, PWBA, or Affected Public: Individuals or requirements with respect to an VETS, Office of Management and households. exception to the minimum length of stay Budget, Room 10235, Washington, DC Number of Respondents: 6,054. { } requirement. 20503 ( 202 395–7316), on or before Estimated Time Per Respondent: 1⁄12 Pauline Perrow, May 3, 1999. of an hour. Acting Department Clearance Officer. OMB is particularly interested in Total Burden Hours: 505. [FR Doc. 99–7833 Filed 3–31–99; 8:45 am] comments which: Total Annualized capital/startup • Evaluate whether the proposed BILLING CODE 4510±27±M costs: 0. collection of information is necessary for the proper performance of the Total annual costs (operating/ maintaining systems or purchasing DEPARTMENT OF LABOR functions of the agency, including whether the information will have services): $2,000. Office of the Secretary practical utility; Description: This form is used to • Evaluate the accuracy of the obtain information on marital status of Submission for OMB Review; agency’s estimate of the burden of the beneficiaries in death cases, in order to Comment Request proposed collection of information, determine continued entitlement to including the validity of the benefits under the provisions of the March 25, 1999. methodology and assumptions used; Federal Employees’ Compensation Act. The Department of Labor (DOL) has • Enhance the quality, utility, and The information provided is used by submitted the following public clarity of the information to be OWCP claims examiners to ensure that information collection requests (ICRs) to collected; and death benefits being paid are correct, the Office of Management and Budget • Minimize the burden of the and that payments are not made to (OMB) for review and approval in collection of information on those who ineligible survivors. accordance with the Paperwork are to respond, including through the Agency: Employment Standards Reduction Act of 1995 (Pub. L. 104–13, use of appropriate automated, Administration. 44 U.S.C. Chapter 35). A copy of each electronic, mechanical, or other Title: (1) Miner’s Claim for Benefits individual ICR, with applicable technological collection techniques or Under the Black Lung Benefits Act; (2) supporting documentation, may be other forms of information technology, Employment History; (3) Miner obtained by calling the Department of e.g., permitting electronics submission Reimbursement Form. Labor, Departmental Clearance Officer, of responses. OMB Number: 1215–0052 (Extension). Pauline Perrow ({202} 219–5096, ext. Agency: Employment Standards Frequency: On-occasion. 143), or by E-Mail to Perrow- Administration. [email protected]. Title: Claim for Continuance of Affected Public: Individuals or Comments should be sent to Office of Compensation. households; Business or other for-profit. Information and Regulatory Affairs, OMB Number: 1215–0154 (Extension). Number of Respondents: 20,200. Attn: OMB Desk Officers for BLS, DM, Frequency: Annually. Estimated Time Per Respondent:

Minutes Respondents Hours

CM±911 45 4,800 3,600 CM±911a 40 5,900 3,933 CM±915 10 9,500 1,583

Total Burden Hours: 9,116. result of treatment for a black lung establish and clarify the issues involved. Total Annualized capital/startup related condition. The information is used by OWCP costs: 0. CM–915 provides a systematic district offices to prepare cases for Total annual costs (operating/ approach for gathering data essential to hearing. maintaining systems or purchasing processing miner submitted medical Agency: Employment Standards services): $4,000. bills in accordance with the program Administration. Description: CM–911 A miner who objectives. Title: Overpayment Recover applies for black lung benefits must Agency: Employment Standards Questionnaire. complete the CM–911 (applicant form). Administration. OMB Number: 1215–0144 (Extension). The completed form gives basic Title: Pre-Hearing Statement. Frequency: On-Occasion. identifying information about the OMB Number: 1215–0085 (Extension). Affected Public: Individuals or applicant, the years of coal mine Frequency: On Occasion. households. Affected Public: Individuals or Number of Respondents: 4,500. employment, dependents, earned households; Business or other for-profit. Estimated Time Per Respondent: one income and income received from state Number of Respondents: 6,800. hour each. workers’ compensation as a result of Estimated Time Per Respondent: 10 Total Burden Hours: 4,500 (FECA: pneumoconiosis. minutes. 3,500 and Black Lung 1,000). CM–915 of the standard data Total Burden Hours: 1,088. Total Annualized capital/startup collection form completed by miner Total Annualized capital/startup costs: 0. payees when requesting reimbursement costs: 0. Total annual costs (operating/ for black lung related medical services Total annual costs (operating/ maintaining systems or purchasing that are covered under the program. maintaining systems or purchasing services): 2,000. Miner payees, i.e., miners, authorized services): $2,500. Description: The information on this survivors and representatives, are Description: This form is used to refer form is used by OWCP examiners to entitled to reimbursement for out-of- cases for formal hearings under the Act. ascertain the financial condition of the pocket medical expenses incurred as a The information obtained is used to beneficiary to see if the overpayment or

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Minutes Respondents

WH±2 30 100 WH±226±MIS 45 8,500 WH±226A±MIS 45 *8,500 * A total of 20,000 copies of this form will be completed by 8,500 respondents.

Total Burden Hours: 21,425. ACTION: Notice of Availability of Funds applications received after this date and Total Annualized capital/startup and Solicitation for Grant Applications time will not be considered. costs: 0. (SGA). ADDRESSES: Applications shall be mailed to: U.S. Department of Labor; Total annual costs (operating/ SUMMARY: The U.S. Department of Labor Employment and Training maintaining systems or purchasing (DOL), Employment and Training services): 3,000. Administration; Division of Federal Administration (ETA), announces a Assistance; Attention: Willie E. Harris, Description: The WH–2 is used by demonstration program to test the Reference: SGA/DAA 99–008; 200 employers to obtain certificates to viability of innovative training strategies Constitution Avenue, NW, Room S– employ individual Home workers in one in reducing the time required for 4203; Washington, DC 20210. of the restricted homework industries: individuals with low basic skills to knitted outerwear, women’s apparel, develop the skills needed to qualify for FOR FURTHER INFORMATION CONTACT: Mr. jewelry manufacturing, gloves and quality jobs in occupations and industry Willie E. Harris, Division of Federal mittens, button and buckle settings with long-term growth Assistance. Telephone (202) 219–8706, manufacturing, handkerchief potential. This demonstration program extension 119 (this is not a toll-free manufacturing and embroideries. Upon is targeting workers who have been number). Questions may also be faxed to application by the home worker and the dislocated from declining industries and Mr. Willie E. Harris, Grant Management employer, certificates may be issued to who have not only non-transferrable, Specialist, Fax Number: (202) 219–8739. the employer authorizing employment obsolete job skills, but also low basic All inquiries sent via fax should include of an individual home worker, provided skills. This demonstration program has the SGA number (DFA 99–008) and a it is shown that the worker is unable to two special emphases: The use of contact name and phone number. adjust to factory work because of age contextual learning strategies to develop SUPPLEMENTARY INFORMATION: and physical or mental disability or is basic literacy skills in conjunction with This announcement consists of five unable to leave home because the the development of vocational skills, parts. Part I describes the authorities worker is required to care for an invalid and strategies to develop such skills and purpose of the demonstration in the home . . . etc. with limited-English-speaking program and identifies demonstration populations. The WH–226 and the supplemental policy. Part II describes the application data form WH–226A–MIS are used by The program will be funded with process and provides guidelines for use employers to obtain authorization to Secretary’s National Reserve funds in applying for demonstration grants. employ workers with disabilities in appropriated for Title III of the Job There is no separate application competitive employment, in sheltered Training Partnership Act (JTPA) and package. Part III includes the workshops, and in hospitals or administered in accordance with 29 Government Requirement/Statement of CFR part 95 and 97 as applicable. institutions at subminimum wages Work for the demonstration projects. which are commensurate with those This notice describes the application Part IV describes the selection process, paid to nondisabled workers. submission requirements, the process including the criteria that will be used that eligible entities must use to apply in reviewing and evaluating Pauline D. Perrow, for funds covered by this solicitation, applications. Part V describes the Acting Departmental Clearance Officer. how grantees are to be selected, and the grantee’s responsibilities related to [FR Doc. 99–7834 Filed 3–31–99; 8:45 am] responsibilities of grantees. It is program monitoring, reporting and BILLING CODE 4510±29±M anticipated that up to $10 million will evaluation. be available for funding the projects Part I. Background covered by this solicitation, that seven DEPARTMENT OF LABOR to twelve projects will be selected for A. Authorities funding, and that the maximum grant Section 323 of JTPA (29 U.S.C. 1662b) Employment and Training award will not exceed $1 million. Administration authorizes the use for demonstration All information required to submit a programs of funds reserved under Job Training Partnership Act, Title III, grant application under this solicitation section 302 of JTPA (29 U.S.C. 1652) Demonstration Program: Contextual is contained in this announcement. and provided by the Secretary for that Learning Demonstration Program DATES: The closing date for receipt of purpose under section 322 of JTPA (29 applications is May 10, 1999 at 2 p.m. U.S.C. 1662a). Demonstration program AGENCY: Employment and Training (Eastern Time) at the address below. grantees shall comply with all Administration, Labor. Except as provided below, grant applicable federal and state laws and

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Award decisions will be and develop more complete project as opportunities for many workers. published on the Internet at ETA’s plans after a grant award. The level of Skills related to continuous learning, Home Page at http://www.doleta.gov. detail in the project plan may affect the communications, and independent 2. Eligible Applicants amount of funding provided. problem-solving are critical to job and Subject to the provisions of this 5. Coordination career success. As never before, basic section, any organization capable of literacy skills are a pre-requisite for Applicants will be expected to plan fulfilling the terms and conditions of most employment opportunities, and and coordinate the delivery of services this solicitation may apply. Under certainly for most jobs that pay a under this demonstration project with Lobbying Disclosure Act of 1995, reasonable wage. the delivery of services under other Section 18, an organization described in programs (public or private), available Projects funded through this section 501(c)(4) of the Internal Revenue to all or part of the target group. At a solicitation are to provide retraining and code of 1986 which engages in lobbying minimum, projects will be expected to related services—consistent with the activities shall not be eligible for the link or collaborate with any existing allowable use of JPTA Title III funds as receipt of Federal funds constituting an USDOL funded One-Stop/Career Center defined in sections 314(c), 314(d), and award grant or loan. This is a risk free initiative and/or local JTPA Substate 314(e) of the Act—designed to help Federal program; therefore, all for profit Grantee located within the project area. eligible dislocated workers with low organizations that apply will not be able Applicants are encouraged to coordinate basic skills transition into quality jobs to receive a fee if awarded a grant. with local Adult Basic Education with a 90 percent wage replacement rate Any applicant who is not a JTPA Title providers. for the workers. Projects must be III substate grantee will be required to designed to accomplish the following demonstrate evidence of partnership or 6. Period of Performance objectives: coordination with the substate The period of performance shall be 24 • Develop (if necessary) and grantee(s) in the proposed service area months from the date of execution by implement curricula that integrate the for the delivery of comprehensive the Government. Delivery of services to learning of basic literacy skills with the services to the target group. Such participants shall commence within 90 learning of vocational skills; evidence may include memoranda of days of execution of a grant. • Develop (if necessary) and agreement or understanding and letters 7. Option to Extend implement training methods that of commitment. Applicants are also accelerate the learning process and encouraged to work with local Adult DOL may elect to exercise its option shorten the time period required to meet Basic Education providers. to extend these grants for an additional one (1) or two (2) years of operation, employer hiring requirements; and 3. Eligible Participants • based on the availability of funds, Implement training strategies for All individuals receiving retraining successful program operation, and the the acquisition of skills that are driven and related services must be eligible needs of the Department. by the hiring requirements of local dislocated workers as defined at JTPA employers and that entail the Part II. Application Process and section 301(a)(1), and 314(h)(1) of the Guidelines development of skills—both basic and Job Training Partnership Act. These vocational—in a workplace setting. sections of the law may be viewed at A. Submission of Applications Applications should incorporate http://www.doleta.gov/regs/statutes/ An original and three (3) copies of the curricula and training strategies that can jtpalaw.htm. application shall be submitted. The be effectively used with limited English- Proposed projects should target application shall consist of two (2) speaking populations and that are subgroups of the eligible population separate and distinct parts: Part I, the transferrable for use in the broader based on factors such as (but not limited Financial Proposal, and Part II, the workforce development system. to) occupation, industry, and specific Technical Proposal. Curricula should include aspects of barriers to reemployment. Proposed Each grant application must follow contextual training, which integrates projects will be expected to target the format outlined in this part and literacy into technical training in order individuals whose basic skills are low should include: that skills learned have an obvious and well below the hiring standards of (1) Information that indicates payoff in terms of preparing workers for area employers. adherence to the provisions described in occupations. Both curricula developed 4. Allowable Activities Part I, Background (Authorities, and training strategies proposed may Purpose, and Demonstration Policy) and differ, depending upon whether basic Funds provided through this Part II, Application Process and skills combined with occupational demonstration are limited to the costs of Guidelines, of this announcement; and training are taught to a native-English- developing/refining training curricula in (2) Other information that the speaking or non-native-English-speaking accordance with the requirements applicant believes will address the population. Applicants must justify the defined in this solicitation, providing selection criteria identified in Part IV of selection of a particular type of services of the type described at section this solicitation. curriculum based upon citations of 314(c), (d) and (e) of JTPA, and sound research findings and/or administering the project. Supportive 1. Financial Application demonstrated experience, and the needs services are defined in section 4(24) of Part I, the Financial Proposal, shall of the target population. JTPA. contain the SF–424, ‘‘Application for

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Federal Assistance’’ (Appendix A) and B. Hand-Delivered Applications both the envelope and wrapper and the the ‘‘Budget Information’’ (Appendix B). Applications should be mailed no original receipt from the U.S. Postal The Federal Domestic Assistance later than five (5) days prior to the Service. ‘‘Postmark’’ has the same Catalog number is 17.246. closing date for the receipt of meaning as defined above. Therefore, an The budget shall include on separate applications. However, if applications applicant should request the postal clerk to place a legible hand pages detailed breakouts of each are hand-delivered, they must be cancellation ‘‘bull’s eye’’ postmark on proposed budget line item, including received at the designated place by 2 both the receipt and the envelope or detailed administrative costs and costs p.m., Eastern Time on the closing date wrapper. for one or more of the following for receipt of applications. All overnight categories as applicable: basic mail will be considered to be hand- D. Withdrawal of Applications readjustment services, supportive delivered and must be received at the Applications may be withdrawn by services, and retraining services. For designated place by the specified time written notice or telegram (including each budget line item that includes and closing date. Telegraphed and/or mailgram) received at any time before funds or in-kind contributions from a faxed proposals will not be honored. award. Applications may be withdrawn source other than the grant funds, Applications that fail to adhere to the in person by the applicant or by an identify the source, the amount, and in- above instructions will not be honored. authorized representative thereof, if the kind contributions, including any C. Late Applications representative’s identity is made known restrictions that may apply to these and the representative signs a receipt for funds. Any application received at the office the proposal. designated in the solicitation after the Applicants must justify that proposed exact time specified for receipt will not Part III Government Requirement/ costs are reasonable. The impact of be considered unless it: Statement of Work innovation on costs should be (1) Was sent by U.S. Postal Service A. Project Service Area explained. Grant applications will be registered or certified mail not later than evaluated for the reasonableness of the fifth calendar day before the closing Describe the area in which the project proposed costs, considering the date specified for receipt of applications will operate. Projects funded through proposed target group, services, (e.g., an offer submitted in response to this solicitation will be expected to be outcomes, management plan, and a solicitation requiring receipt of based in local labor markets. Provide an coordination with other entities. application by the 30th of January must explanation of the economic and labor market circumstances in the local area 2. Technical Proposal have been mailed by the 25th); or (2) Was sent by U.S. Postal Service that make it an appropriate candidate Part II, the technical proposal, shall Express Mail Next Day Service—Post for this demonstration program. demonstrate the offeror’s capabilities in Office to Addressee, not later than 5 B. Target Population accordance with the required elements p.m. at the place of mailing two working Describe the proposed target of the proposal outlined below. The days prior to the date specified for population for the project. The technical proposal should contain receipt of application. The term description should include: number of information sufficient to respond to the ‘‘working days’’ excludes weekends and individuals to be served through the objectives of the solicitation, the U.S. Federal holidays. project; date(s) of dislocation or the statement of work and the evaluation The only acceptable evidence to length of time the target group has been criteria. establish the date of mailing of a late unemployed; occupations and wages of A grant application shall be limited to application sent by U.S. Postal Service jobs from which they were dislocated; twenty (20) double-spaced, single-side, registered or certified mail is the U.S. and specific barriers to reemployment. 8.5-inch x 11-inch pages with 1-inch postmark on the envelope or wrapper To the extent that the applicant expects and on the original receipt from the U.S. margins. Attachments shall not exceed to serve individuals who are not yet Postal Service. Both postmarks must ten (10) pages. Text type shall be 11 dislocated but are likely to be during the show a legible date or the proposal shall point or larger. Applications that do not initial stages of the grant period, the be processed as if it had been mailed meet these requirements will not be applicant must justify why it believes late. ‘‘Postmark’’ means a printed, considered. Each application shall that such dislocations are likely to stamped, or otherwise placed include the Checklist provided as occur. The description should also impression (exclusive of a postage meter Appendix C, a Timeline outlining include information to support the machine impression) that is readily project activities, and an Executive planned level of participation in the identifiable without further action as Summary not to exceed two pages. No project (i.e., number of eligibles within having been supplied and affixed by an Cost Data or Reference to Price Shall be target group in the local area, employee of the U.S. Postal Service on indications of the need for assistance). Included in The Technical Proposal. the date of mailing. Therefore, Applicants are advised that applicants should request the postal C. Available Jobs discussions may be necessary in order clerk to place a legible hand Identify the occupations that are to clarify any inconsistency or cancellation ‘‘bull’s eye’’ postmark on targeted for job placement of project ambiguity in their applications. The both the receipt and the envelope or participants and provide a brief final decision on awards will be based wrapper. explanation of the appropriateness of on what is most advantageous to the The only acceptable evidence to these occupations given local labor Federal Government as determined by establish the date of mailing of a late market conditions, wage replacement the ETA Grant Officer. The Government application sent by ‘‘Express Mail Next- potential for the target group and may elect to award grant(s) without Day Service—Post Office to Addressee’’ upward mobility/job retention discussion with the applicant(s). The is the date entered by the post office opportunities. Identify sources of the applicant’s signature on the Application receiving clerk on the ‘‘Express Mail occupational information or data used. for Federal Assistance (Standard Form) Next Day Service—Post Office to Anecdotal data should not be used. S–424 constitutes a binding offer. Addressee’’ label and the postmarks on Information from the Bureau of Labor

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Statistics (BLS) available through a requirements. Describe the specific (1) The number of participants to variety of web sites including BLS, strategies and methods for measuring receive services through the project; O*NET and America’s Labor Market skills acquisition during the training (2) The number of participants to Information System (ALMIS), should be process. receive training using contextual considered as a key source of (6) Services to be provided. Describe learning strategies; documentation. In addition, State the service process to be used on the (3) The number of participants to be Occupational Information Coordinating project. The description should include placed into permanent employment [a Committee (SOICC) and JTPA Substate identification of the services to be minimum entered employment rate of Grantee/One-Stop Center program provided from the time of selection of 80 percent is required]; information may be used. participants through placement of those (4) The average wage at placement and the wage replacement rate for D. Project Design participants in jobs, the sequencing of services in the overall process, the participants placed into permanent (1) Purpose. Describe the specific criteria/decision points for determining employment (a minimum wage purpose or purposes of the proposed the appropriateness of specific services replacement rate of 90 percent is project and how these relate to the for an individual participant, and the required); objectives of this solicitation. Describe organization(s) which will be (5) Customer satisfaction with the how contextual learning will be responsible for providing specific project services (a minimum of 80 integrated into the design of curricula services. The process description may percent of participants must indicate and into training proposed. be supported by a participant flowchart. satisfaction with the services received (2) Outreach and recruitment. Identify (7) Contextual learning training through the project). the methods that will be used to contact The applicant may propose additional strategies. Describe how experiential, and recruit members of the target group measurable, performance-based integrated and other effective adult for participation in this project and the outcomes that are relevant to the project learning methods will be used in organizations who will be responsible and that may be readily assessed during implementing education and training for the outreach/recruitment activities. the period of performance of the project. services to be provided to participants. Describe why the methods and When proposed, the applicant must Describe how these methods are organizations will be effective in provide an explanation of how such expected to: (a) Shorten the calendar achieving the planned participation additional measures are relevant to the time required for individuals to acquire levels for the project. Applicants that purpose of the demonstration program. are not JTPA Title III substate grantees the skills needed to qualify for targeted should partner with the appropriate employment opportunities; (b) increase F. Implementation Plan JTPA Title III substate grantee(s) to plan the relevance/responsiveness of training (1) Identify the critical activities, time and implement effective outreach and to the job performance requirements of frames and responsibilities for recruitment strategies. employers; and (c) increase the direct effectively implementing the project (3) Eligibility determination. Identify participation of employers in the that will occur within the first 90 days the organization which will responsible training process. Specifically describe after the award of the grant. for determining the eligibility of strategies that will be used to teach (2) Include a completed monthly individuals for participation in this limited English-speaking individuals schedule that shows the cumulative project and the experience of the with low basic skills in their native number of participants, enrollments in organization in determining the language. education and training activities, eligibility of individuals for JTPA Title (8) Supportive services. Identify enrollments in contextual learning III assistance. Applicants who are not supportive services, including needs- training activities, permanent JTPA Title III substate grantees should related payments, to be provided to placements into unsubsidized partner with the appropriate JTPA Title participants. Describe how the need for employment, receiving post-placement III substate grantee(s) to carry out such services will be determined on an services, and terminations. eligibility determination. individual basis and why such services (4) Selection criteria. Identify the are expected to be needed to facilitate G. Collaboration/Leveraging of criteria that will be used, and the participation in the project by the target Resources organization(s) that will be responsible group. Also identify any limits on the (1) Identify other State and local for selecting those individuals to be amount of such services that can be organization(s) which are collaborating served by the project from among the received by any individual participant. and/or contributing resources to the total number of eligible persons (9) Post-placement services. Identify design and implementation of the recruited for the project. Describe how any services to be provided subsequent proposed project. Describe the role and this process will achieve the specific to job placement. Describe the rationale contributions of each. Contributions purpose(s) of the proposed project, for the services and why such services may include but are not limited to such including, as appropriate, targeted will be necessary for participants to be contributions as the development of assistance to individuals with limited successfully placed into jobs and to training modules; payment of tuition English-speaking ability. retain those jobs. The identification costs for training; support for child care (5) Assessment. Identify assessment should include services to be funded or transportation; and provision of staff tools and/or methods that will be used from sources other than the grant. time and training facilities, equipment to determine the skills and aptitudes of E. Planned Outcomes and materials at no cost to the project. individual participants. Specifically Particular attention should be paid to identify the tools that will be used to Identify the specific project outcome the potential contributions available measure English-speaking proficiency, measures that will be used to determine through adult basic education and Trade and for limited English-speaking the success of the project. For each Adjustment Assistance programs, if individuals, the basic skills levels of the measure, identify the planned outcome applicable. individual. Describe the approaches or level to be achieved by the project. (2) Provide evidence which indicates methods that will be used to relate prior Outcome measures must include, but that the collaboration described can experience(s) to employer hiring are not limited to: reasonably be expected to occur. Such

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Panelists shall evaluate proposals for employer, industry, or curriculum/ Describe the specific experience of the acceptability based upon overall learning centers currently designing and applicant and other key organizations responsiveness in accordance with the developing occupational/job skill involved in the project with contextual factors below. standards and certifications. Such learning training strategies and activities should focus on linking providing reemployment assistance to A. Target Population. (20 points) employers involved in grant activities low skilled and/or limited English- The description of the characteristics with any employer, industry, or trade proficient populations. Describe how and reemployment barriers of the target and worker association that has already proposed training provider(s) will be group to be served is clear and developed or is developing skill selected. Past performance of providers, meaningful, and sufficiently detailed to standards certifications in order to qualifications of instructors, determine the potential participants’ maximize the use of knowledge that has accreditation of curricula, and similar service need. A significant number of been gained about skills and their matters should be addressed as eligible dislocated workers who possess relationship to contextual learning. appropriate. these characteristics are available for H. Consultation (3) Accountability systems. Describe participation within the project area. the mechanisms to ensure financial The application must describe the Sufficient information is provided to accountability for grant funds and explain how the number of dislocated working relationship with the local performance accountability relative to JTPA substate grantee(s), or One-Stop/ workers to be enrolled in the project job placements, in accordance with was determined. The recruitment plan Career Center entities where present. standards for financial management and Prior to commencing operations, grant supports the number of planned participant data systems in 29 CFR part enrollments. The target population is award recipients that are not JTPA 95 or 97, as appropriate, and 20 CFR substate grantees will be required to appropriate for the specific purpose of 627.425. Explain the basis for the the proposed project, including the submit a jointly signed Memorandum of applicant’s administrative authority Understanding with substate grantees relative literacy and numeracy over the management and operational deficiencies. Extent to which target describing such working relationship. components. Describe how information The application must also include population is characterized by limited- will be collected to determine the English-speaking ability. evidence of consultation, such as a achievement of project outcomes as letter, on the project concept with indicated in section E of this part; and B. Service Plan and Cost. (25 points) applicable labor organizations where 20 report on participants, outcomes, and The scope of services to be provided percent or more of the targeted expenditures. (If the applicant is not a is consistent with the demonstration population is represented by one or current DOL grantee, this information is program and project purposes and goals. more labor organizations, or where the subject to verification prior to grant The scope of services to be provided is training is for jobs in which a labor award.) adequate to meet the needs of the target organization represents a substantial (4) Customer satisfaction population given: number of workers engaged in similar measurement system. Describe the (1) Their characteristics and work. process and procedures that will be circumstances, including their English I. Innovation used to obtain feedback from individual proficiency and other basic skill needs; Identify any elements in the proposed participants and from employers on the (2) The jobs in which they are to be project design that are innovative. responsiveness and effectiveness of the placed relative to targeted wage at Describe why the elements are services provided. The description placement goals; considered to be innovative and how should include an identification of the (3) The match between documented they are expected to improve current types of information to be obtained, the shortages in particular skills or methods being used to provide method(s) and frequency of data industries and the training planned; reemployment services to the target collection, and how the information will (4) The documentation provided group. be used in implementing and managing specifying that training meets or is the project. developed based on industry driven J. Project Management Plan (5) Monitoring and performance skill standards or certifications; and (5) Applicants must be able to management. Describe the procedures the length of program participation demonstrate that they have systems that will be used to effectively control planned prior to placement. capable of satisfying the administrative and management project performance Documentation and reliability of job and grant management requirements for and the use of grant funds. The availability is based upon recognized, the use of JTPA funds as defined in 20 description should identify areas to be reliable and timely sources of CFR part 627 subpart D. The application reviewed, frequency, and information. must include the following information: responsibilities. Identification is provided of the (1) Structure. Describe the (6) Grievance procedure. Describe the specific sources and amounts of other management structure for the project. grievance procedure to be used for funds which will be used, in addition to The description must include: (a) A grievances and complaints from funds provided through this grant, to staffing plan that describes each participants, contractors, and other implement the project. The application position and the percentage of time to interested parties, consistent with the must include information on any non- be assigned to this project; (b) an requirements at section 144 of JTPA and JTPA resources committed to this organizational chart that clearly 20 CFR 631.64(b) and (c). project, including employer funds,

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The applicant (as a part of a services to be provided. ‘‘Innovation’’ An effort will be made to accommodate collaborative approach) has experience refers to the degree to which such and provide assistance to grantees to be working with experiential and concept(s), design and/or services are able to complete all reporting integrated learning strategies, not currently found in dislocated electronically. specifically with a limited-English worker programs. The project includes a Applicants selected as grantees will proficient population. The management reasonable method of assessing and be required to provide the following structure and management plan for the reporting on the impact of such reports: proposed project will ensure the innovation, relative to the 1. Monthly and Quarterly Progress integrity of the funds requested. The demonstration program and project Reports project work plan demonstrates the purposes and goals. 2. Standard Form 269, Financial applicant’s ability to effectively track F. Replicability. (10 points) Status Report Form, on a quarterly basis project progress with respect to planned The proposal provides evidence that, 3. Final Project Report including an performance and expenditures. assessment of project performance. This Sufficient procedures are in place to use if successful, activities supported by the demonstration grant will be continued report will be submitted in hard copy the information obtained by the project and on electronic disk utilizing a format operator(s) to take corrective action if after the expiration date of the grant, using JTPA Title III formula-allotted and instructions to be provided by the indicated. In addition, review by Department. appropriate labor organizations, where funds or other public or private applicable, is documented. resources. Evidence that the strategies C. Evaluation are usable in other local operating The proposal includes a method of DOL will arrange for or conduct an environments. assessing customer feedback for both independent evaluation of the participants and employers involved, Part V. Monitoring, Reporting and outcomes, impacts, and benefits of the and establishes a mechanism to take Evaluation demonstration projects. Grantees must into account the results of such A. Monitoring agree to make available records on feedback as part of a continuous system participants and employers and to of management and operation of the The Department shall be responsible provide access to personnel, as specified project. for ensuring effective implementation of by the evaluator(s) under the direction each competitive grant project in of the Department. D. Collaboration. (10 points) accordance with the Act, the The proposal includes information regulations, the provisions of this Signed at Washington, DC, this 25th day of March 1999. describing direct participation by JTPA announcement and the negotiated grant substate grantees and One-Stop/Career agreement. Applicants should assume Janice E. Perry, Center entities (where present) in the that at least one on-site project review Grant Officer, Division of Federal Assistance. planning and management of this grant. will be conducted by Department staff, Appendices Evidence of participation of employers or their designees. This review will whose positions are targeted under the focus on the project’s performance in 1. Appendix A—Application for Federal grant is present. Evidence of meeting the grant’s programmatic goals Assistance (Standard Form 424) coordination with other appropriate and participant outcomes, complying (Internet link) programs and entities for project design with the targeting requirements 2. Appendix B—Information (Internet or provision of services. Evidence is regarding participants who are served, link) presented that ensures cooperation of expenditure of grant funds on allowable 3. Appendix C—Application Checklist coordinating entities, as applicable, for activities, collaboration with other (Internet link) the life of the proposed project. The organizations as required, and methods Web site address is http:// project includes a reasonable method of for assessment of the responsiveness www.doleta.gov assessing and reporting on the impact of and effectiveness of the services being BILLING 4510±30±P

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[FR Doc. 99–7831 Filed 3–31–99; 8:45 am] BILLING CODE 4510±30±C

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NUCLEAR REGULATORY which are needed to support revised Dated at Rockville, Maryland, this 26th day COMMISSION accident source term applications, are of March 1999. not currently provided in regulations For the Nuclear Regulatory Commission. [Docket No. 50±440] governing operating reactors. Samuel J. Collins, FirstEnergy Nuclear Operating Pursuant to 10 CFR 50.12, the Director, Office of Nuclear Reactor Company (Perry Nuclear Power Plant, Commission may, upon application by Regulation. Unit 1); Exemption any interested person or upon its own [FR Doc. 99–8027 Filed 3–31–99; 8:45 am] initiative, grant exemptions from the BILLING CODE 7590±01±P I requirements of 10 CFR part 50 when (1) the exemptions are authorized by law, The FirstEnergy Nuclear Operating will not present an undue risk to public NUCLEAR REGULATORY Company (FENOC, the licensee) is the health or safety, and are consistent with COMMISSION holder of Facility Operating License No. the common defense and security, and NPF–58, which authorizes operation of [Docket No. 70±3073; License No. SNM± (2) when special circumstances are the Perry Nuclear Power Plant, Unit 1. 1999] present. Special circumstances are The operating license states, among present whenever, according to 10 CFR other things, that the licensee is subject Kerr-McGee CorporationÐ 50.12(a)(2)(ii), ‘‘Application of the Environmental Assessment, Finding of to all rules, regulations, and orders of regulation in the particular the U.S. Nuclear Regulatory No Significant Impact, and Notice of circumstances would not serve the Opportunity for HearingÐRelease of Commission (the Commission) now or underlying purpose of the rule or is not hereafter in effect. Portion of Cushing Refinery Site for necessary to achieve the underlying Unrestricted Use The Perry Nuclear Power Plant is a purpose of the rule.’’ The NRC staff boiling-water reactor facility located at examined the licensee’s rationale to The U.S. Nuclear Regulatory the licensee’s site in Lake County, Ohio. support the exemption request and Commission (NRC) is considering the II concluded that the use of the TEDE Kerr-McGee Corporation’s (Kerr-McGee acceptance criteria for the control room or the licensee) request to have property By letter dated December 3, 1998, would meet the underlying intent of the released, for unrestricted use, from the FENOC submitted an exemption request regulations. The licensee’s request for Cushing Refinery Site (Cushing) License to the control room dose acceptance the exemption under the special SNM–1999. This action is taken in criteria of 10 CFR part 50, Appendix A, circumstances of 10 CFR 50.12(a)(2)(ii) response to Kerr-McGee’s license General Design Criterion (GDC) 19. The was found to be appropriate. amendment requests, dated August 30, exemption request would permit use of Application of the control room dose 1996, and October 24, 1996, to release a total effective dose equivalent (TEDE) acceptance criteria of GDC 19 is not the four unaffected areas and the haul acceptance criterion of 5-rem in place of necessary to achieve the underlying road corridor area for unrestricted use the ‘‘5 rem whole body, or its equivalent purpose of the rule because, as stated in and to remove the areas from the to any part of the body’’ dose acceptance the staff safety evaluation, dated March license. These earlier requests were criterion that is currently specified in 26, 1999, the staff considers the TEDE revised by the licensee’s letter dated GDC 19. methodology as an acceptable means of November 6, 1998. In that letter, the The NRC has established control room meeting the current regulatory licensee requested that only Unaffected dose acceptance criteria in 10 CFR part requirement. Therefore, the staff has Area 1, the portion of Unaffected Area 50, Appendix A, GDC 19, for all light- concluded that an exemption to the 2 south of Skull Creek, Unaffected Area water power reactors. GDC 19 requires, requirements of 10 CFR part 50, 3, Unaffected area 4, and the portion of in part, that ‘‘Adequate radiation Appendix A, GDC 19, should be granted the haul road corridor area south of protection shall be provided to permit to allow FENOC to adopt the TEDE Skull Creek and partially surrounded by access and occupancy of the control methodology for the purpose of Unaffected Areas 2, 3, and 4 (hereafter room under accident conditions without implementing the revised accident referred to as requested released areas personnel receiving radiation exposures source term of NUREG–1465. (RRA)) be released for unrestricted use. in excess of 5 rem whole body, or its The boundaries of the licensed areas equivalent to any part of the body, for IV excluding the RRA are shown in Figure the duration of the accident.’’ As Accordingly, the Commission has 1, ‘‘Cushing Site Map Showing Licensed described in SECY–96–242, ‘‘Use of the determined that, pursuant to 10 CFR Site Area,’’ of the November 6, 1998, NUREG–1465 Source Term at Operating 50.12(a), an exemption is authorized by letter. Reactors,’’ the staff informed the law, will not endanger life or property Introduction Commission of its approach to allow the or common defense and security, and is use of the revised accident source term otherwise in the public interest. On April 6, 1993, NRC issued described in NUREG–1465, ‘‘Accident Therefore, the Commission hereby Materials License SNM–1999 Source Terms for Light-Water Nuclear grants an exemption from the authorizing possession of contaminated Power Plants,’’ at operating plants. In requirements of 10 CFR part 50, soil, sludge, sediment, trash, building the SECY paper, the staff described its Appendix A, GDC 19 to allow FENOC rubble, and any other contaminated plans to review plant applications to adopt the TEDE methodology for the material, at the licensee’s Cushing site. implementing this source term and purpose of implementing the revised The site contains four large areas, indicated that the TEDE methodology accident source term of NUREG–1465. designated as the four unaffected areas, would be incorporated in these reviews. Pursuant to 10 CFR 51.32, the that were used for oil refining and The Commission approved these plans Commission has determined that the storage during the years that nuclear and directed the staff to commence granting of this exemption will not have processing and disposal took place. The rulemaking and requested the use of the a significant effect on the quality of the haul road corridor area is located on TEDE methodology in the human environment (64 FR 4906). portions of the site that were used for implementation of the revised accident This exemption is effective upon petroleum refining during the years that source term. The TEDE guidelines, issuance. nuclear material processing was

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Concentrations of radionuclides in the The licensee initially requested that Gamma radiation scans, gamma soil samples from the four unaffected the four unaffected areas and the haul exposure rate measurements, soil areas survey units are as follows: less road corridor be removed from the radioactivity concentration than 0.1 to 0.5 pCi/g for U-235; 0.3 to license and released for unrestricted measurements, and surface radioactivity 3.0 pCi/g for U-238; 0.6 to 9.0 pCi/g for use. The licensee revised its earlier survey were performed in each of the Th-228; and less than 0.8 to 10.0 pCi/ requests to limit the areas to be removed four unaffected areas. As a result of the g for Th-232. One small area of thorium, from the license and released for surveys and analysis, one area of about in excess of the guidelines (9.0 pCi/g of unrestricted use to the RRA. one meter in diameter on the surface of Th-228 and 10.0 pCi/g of Th-232), is in the ground was found to be unaffected area number 2. This area of Proposed Action contaminated with Th-232. This spot elevated thorium levels, surveyed by The proposed action is the release for was designated as a radioactive ORISE, is the same area that the licensee unrestricted use, and the removal from materials area and was removed from designated as a radioactive materials License SNM–1999, the RRA. The the areas that the licensee considered area (about 400 m2) after it performed its proposed boundary of the licensed areas part of the four unaffected areas. The final radiation survey. Thus, this small excluding the RRA is shown in the licensee’s survey report provided data radioactive materials area is not part of licensee’s letter dated November 6, that indicated that the four unaffected the licensee’s request for unrestricted 1998, Figure 1, ‘‘Cushing Site Map areas meet NRC’s guidelines for release. Of the areas that ORISE Showing Licensed Site Area.’’ unrestricted use. surveyed that were part of the licensee’s The licensee performed final status request for unrestricted release, the The Need for Proposed Action surveys in the haul road corridor area concentrations of radionuclides in the The licensee seeks to release property and submitted the results to NRC in the soil samples are as follows: 0.6 to 3.8 that is currently under license for ‘‘Final Radiation Survey of Haul Road pCi/g for Th-228; and less than 0.8 to unrestricted use. This action is Corridor,’’ dated May 30, 1996. The 3.0 pCi/g for Th-232. The soil samples requested to remove the current results of the exposure rate surveys of are within the Option 1 soil guideline limitations on the future use of the the haul road corridor area indicated for enriched uranium and natural property. that no location was more than 10 thorium. Further, the portion of the haul micoRoentgen per hour (µR/hr) above road corridor that is being considered Alternatives to Proposed Action background. Gamma scans located areas for release from the license would The only alternative to the proposed of elevated activity. Biased soil samples service only equipment transportation, action is to not release this area for were collected from these areas and at most, Option 1 material. unrestricted use and keep the area analyzed using gamma spectroscopy. As Concentrations of radionuclides in the under license until all site radiological a result of the analysis, two areas were soil samples from the haul road corridor remediation is completed and the designated as radioactive materials areas area survey units are as follows: less Cushing license is terminated. The and were removed from the areas that than 0.8 pCi/g for U-235; less than 2.9 environmental benefit of maintaining an the licensee considered part of the haul pCi/g for U-238; 0.5 to 2.9 pCi/g for Th- NRC license for this portion of the road corridor area. This licensee survey 228; and less than 0.4 to 2.8 pCi/g for Cushing Refinery Site is negligible, but report provided data that indicated that Th-232. For comparison purposes, would reduce options for future use of the haul road corridor area meets NRC’s radionuclide concentrations in the property. guidelines for unrestricted use. background soil samples are as follows: At the request of NRC, its contractor, less than 0.1 pCi/g for U-235; 1.0 to 1.6 Environmental Justice the Oak Ridge Institute for Science and pCi/g for U-238; 0.5 to 1.0 pCi/g for Th- There are no environmental justice Education (ORISE), performed a 228; and 0.6 to 0.9 pCi/g for Th-232. The issues associated with this proposed confirmatory survey of the four soil samples yielded results indicating action. unaffected areas during the period of only background or slightly above September 11 through 13, 1995, and a Environmental Impact of Proposed background concentrations of uranium confirmatory survey of the haul road Action and thorium. The soil samples are corridor area during the period of within the Option 1 soil guideline for An unaffected area, as defined in August 26 through 29, 1996. The results enriched uranium and natural thorium. NUREG/CR–5849, ‘‘Manual for of the ORISE confirmatory surveys were NRC considered the potential for Conducting Radiological Surveys in provided to NRC in ‘‘Confirmatory contamination of areas within the haul Support of License Termination,’’ is an Survey for the Four Unaffected Areas of road corridor once NRC authorized the area not expected to contain residual the Cushing Refinery Site,’’ dated May licensee to conduct activities within the radioactivity from licensed operations. 1996, and ‘‘Confirmatory Survey for the haul road corridor without The unrestricted use guidelines for Haul Road Corridor at the Oklahoma implementation of the Cushing enriched uranium and natural thorium Refinery Site,’’ dated December 1996. Radiation Safety procedures related to are the Option 1 values in the 1981 For both the four unaffected areas and training.1 The staff agreed with the Branch Technical Position on ‘‘Disposal the haul road corridor area, ORISE licensee that the Cushing Radiation or Onsite Storage of Thorium or performed scan surveys of 50 to 100 Safety Program which requires all Uranium Wastes From Past Operations’’ percent of the surface area of each material and equipment be surveyed (46 FR 52061). The Option 1 guidelines selected survey unit. ORISE also before leaving a ‘‘radioactive materials are 30 picoCuries per gram (pCi/g) for performed exposure rate measurements area’’ would provide reasonable enriched uranium and 10 pCi/g for for at least five systematic locations assurance that the haul road corridor natural thorium. within each survey unit. In addition, The licensee performed final status ORISE collected 20 soil samples from 1 Letter to Stuart [sic] Brown, NRC, from Jeff Lux, surveys in the four unaffected areas and the four unaffected areas, and collected Kerr McGee Corporation, dated August 30, 1996.

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.080 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15833 area would not become contaminated as results of the licensee’s groundwater Conclusions 2 a result of decommissioning activity. monitoring of several wells located NRC finds that because the Groundwater under the Cushing site either in the four unaffected areas or just Commission’s unrestricted release can be found in one of three water- down-gradient of these areas. The criteria have been met, there is no bearing zones. The water-bearing zones licensee provided these sampling results significant impact on the environment, are the shallow water-bearing zone in its letter dated November 6, 1998. and the property can be released for (unconsolidated soil and the upper Based on its review of that data, the staff unrestricted use. portion of the Vanoss Group), the lower found no indication of groundwater portion of the Vanoss Group, and contamination. Finding of No Significant Impact Vamoosa-Ada aquifer. The Vamoosa- The Commission has prepared an Ada aquifer is the regional groundwater The Other Industrial Waste (OIW) disposal cell is located within the RRA. Environmental Assessment related to aquifer. The licensee notes that it the proposed unrestricted release, and Material from the remediation of Waste appears that there is not a significant removal from License SNM–1999, of the Acid Sludge Pit 4 (Pit 4) that meets groundwater flow between the shallow RRA on the Cushing Refinery Site, in NRC’s Option 1 criteria for unrestricted water-bearing zone and the lower Cushing Oklahoma. On the basis of the portion of the Vanoss Group. Further, release will be disposed of in the OIW. Environmental Assessment, the the licensee notes that the Vamoosa-Ada NRC reviewed this disposal activity as Commission has concluded that this aquifer is isolated from the uppermost part of its review of the Pit 4 licensing action would not significantly water-bearing zone by low-permeability remediation plan. On September 3, effect the quality of human environment strata within the Vanoss. Thus, the 1998, NRC approved the Pit 4 and has determined not to prepare an Vamoosa-Ada aquifer is unaffected by remediation plan, License Amendment environmental impact statement for this surface activities. The licensee based No. 8. proposed action. this finding on an evaluation of Finally, a ditch in site grid blocks 132, The above documents related to this environmental tritium. 133, and 140 was filled with rubble proposed action are available for public The State of Oklahoma, Department of from refinery demolition. Also, placed inspection and copying, at the Environmental Quality (DEQ) 3 found into this ditch were concrete blocks Commission’s Public Document Room the following: (1) The shallow from the thorium processing building in the Gelman Building, 2120 L Street groundwater unit yields low quantities slab. The licensee in its letter dated NW, Washington, DC. of poor quality water; (2) it is highly unlikely that future residential or November 13, 1998, provided the final Opportunity for a Hearing survey data of these concrete slab commercial drinking water wells will be NRC hereby provides notice that this blocks. Based on its review of these data established from the shallow is a proceeding on an application for a NRC found that the concrete slab blocks groundwater at this site; and (3) no license amendment within the scope of known drinking water wells are met NRC’s criteria for unrestricted 6 Subpart L, Informal Hearing Procedures screened in the Vanoss within a one- release. for Adjudication in Materials Licensing mile radius of the site. Further, DEQ ORISE’s confirmatory survey results Proceedings, of NRC’s rules and practice stated that the Vanoss should not be support the licensee’s position that the for licensing proceedings, of NRC’s rules considered a viable drinking water four unaffected areas and the haul road and practice for domestic licensing source for the area and that DEQ would corridor area meet NRC’s unrestricted proceedings in 10 Code of Federal consider water quality standards other use criteria. Further, the licensee’s Regulations (CFR) part 2. Pursuant to than maximum contamination levels as groundwater monitoring sampling § 2.1205(a), any person whose interest set by the U.S. Environmental program results demonstrate that the may be affected by this proceeding may Protection Agency (EPA) as appropriate groundwater under the RRA is not file a request for a hearing in accordance for the shallow groundwater at this site. contaminated. Therefore, NRC finds that with § 2.1205(d). A request for a hearing 4 Further, based on EPA’s guidance the because the NRC’s unrestricted release must be filed within thirty (30) days of Vanoss groundwater would be classified criteria have been met for these areas, the date of publication of this Federal as a Class III—Groundwater Not a there is no significant impact on the Register notice. Potential Source of Drinking Water and environment, and this portion of the The request for a hearing must be of Limited Beneficial Use. property can be released for unrestricted filed with the Office of the Secretary The staff has reviewed the site use. either: potentiometeric surface map of the 1. By delivery to Docketing and upper zone 5 and found that all portions Other Agencies or Persons Consulted Service Branch of the Office of the of the RRA are up-gradient of any Secretary at One White Flint North, known significant sources of This environmental assessment was 11555 Rockville Pike, Rockville, MD contamination. Accordingly, it is very prepared entirely by NRC. No other 20852–2738; or unlikely that the groundwater in these sources were used beyond those 2. By mail or telegram addressed to areas could have been contaminated. referenced in this environmental the Secretary, U.S. Nuclear Regulatory The assumption is supported by the assessment. NRC provided a draft of this Commission, Washington, DC 20555. environmental assessment to DEQ for Attention: Docketing and Service 2 Letter to Jeff Lux, Kerr McGee Corporation, from review. DEQ had no comments or Branch. Stewart Brown, NRC, dated October 22, 1996. suggestions on this environmental In addition to meeting other 3 Letter to Jeff Lux, Kerr McGee Corporation, from assessment.7 Darrell Shults, DEQ, dated September 19, 1997. applicable requirements of 10 CFR Part 4 ‘‘Guidelines for Ground-Water Classification 2 of the NRC’s regulations, a request for Under the EPA Ground-Water Protection Strategy,’’ 6 U.S. Nuclear Regulatory Commission, a hearing by a person other than an Final Draft, dated November 1986, Office of Water, ‘‘Guidelines for Decontamination of Facilities and applicant must describe in detail: EPA. Equipment Prior to Release for Unrestricted Use or The interest of the requestor in the 5 Figure 2.5, ‘‘Potentiometeric Surface Map of the Termination of License for Byproduct, Source, or Upper Zone,’’ Kerr-McGee Corporation’s Site Special Nuclear Material,’’ dated August 1987. proceeding: Decommissioning Plan Cushing, Oklahoma, dated 7 Letter to Stewart Brown, NRC, from H. A. Caves, 1. How that interest may be affected August 1998. DEQ, dated March 2, 1999. by the results of the proceeding,

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.081 pfrm03 PsN: 01APN1 15834 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices including the reasons why the requestor on proposed improvements to the Commission’s Safety Goal Policy should be permitted a hearing with Generic Communications Process. Statement. particular reference to factors set out in 3:00 p.m.–4:30 p.m.: Steam Generator 2:30 p.m.–6:15 p.m.: Preparation of § 2.1205(h); Tube and Reactor Pressure Vessel ACRS Reports (Open)—The 2. The requestor’s areas of concern Integrity Issues (Open)—The Committee will discuss proposed about the licensing activity that is the Committee will hear presentations by ACRS reports. subject matter of the proceeding; and and hold discussions with Friday, April 9, 1999 3. The circumstances establishing that representatives of the NRC staff the request for a hearing is timely in regarding the status of ongoing 8:30 a.m.–8:35 a.m.: Opening Remarks accordance with § 2.1205(d). regulatory activities associated with by the ACRS Chairman (Open)—The In accordance with 10 CFR 1205(f), steam generator tube integrity; the ACRS Chairman will make opening each request for a hearing must also be staff’s draft safety evaluation of remarks regarding the conduct of the served, by delivering it personally or by Boiling Water Reactor Vessel and meeting. 8:35 a.m.–10:00 a.m.: Preparation of mail, to: Internals Project-14 (BWRVIP–14), ACRS Reports (Open)—The 1. The applicant, Kerr-McGee ‘‘Evaluation of Crack Growth in BWR Committee will continue its Corporation, Kerr-McGee Center, P.O. Stainless Steel Reactor Pressure discussion of proposed ACRS reports. Box 25861, Oklahoma City, OK 73125, Vessel Internals;’’ suggested changes 10:00 a.m.–10:30 a.m.: Subcommittee Attention: Mr. Jeff Lux, and to 10 CFR 50.61, pressurized thermal Report (Open)—The Committee will 2. The NRC staff, by delivery to the shock rule; and related matters. hear a report by the Chairman of the Executive Director for Operations, One 4:45 p.m.–7:15 p.m.: Preparation of White Flint North, 11555 Rockville Thermal-Hydraulic Phenomena ACRS Reports and the ACRS Bylaws Subcommittee regarding matters Pike, Rockville, MD 20852, or by mail, (Open)—The Committee will discuss addressed to the Executive Director for discussed during the March 23, 1999 proposed ACRS reports, including a meeting. Operations, U.S. Nuclear Regulatory proposed report on the NRC Safety Commission, Washington, DC 20555. 10:45 a.m.–11:45 a.m.: Impact of the Research Program. Also, the Use of High Burnup or Mixed Oxide Dated at Rockville, Maryland, this 26th day Committee will discuss proposed Fuel on the Revised Source Term of March 1999. revisions to the ACRS Bylaws. (Open)—The Committee will discuss For the U.S. Nuclear Regulatory Thursday, April 8, 1999 the proposed ACRS response to a Commission. Commission request, included in the John W.N. Hickey, 8:30 a.m.–8:35 a.m.: Opening Remarks March 5, 1999 Staff Requirements Chief, Low-Level Waste and Decommissioning by the ACRS Chairman (Open)—The Memorandum (SRM), that the ACRS Projects Branch, Division of Waste ACRS Chairman will make opening consider the impact of the use of high Management, Office of Nuclear Material remarks regarding the conduct of the burnup or mixed oxide fuel on the Safety and Safeguards. meeting. revised source term. [FR Doc. 99–8028 Filed 3–31–99; 8:45 am] 8:35 a.m.–10:00 a.m.: Insights Gained 1:00 p.m.—2:00 p.m.: Relationship and BILLING CODE 7590±01±P from the Risk-Informed Pilot Balance Between PRA Results and Applications (Open)—The Committee Defense-In-Depth (Open)—The will hear presentations by and hold Committee will discuss the proposed NUCLEAR REGULATORY discussions with representatives of response to a Commission request, COMMISSION the NRC staff and the Nuclear Energy included in the March 5, 1999 SRM, Institute (NEI) regarding the insights that the ACRS consider the Advisory Committee on Reactor gained from the risk-informed pilot Safeguards; Meeting Notice appropriate relationship and balance applications, including those from the between PRA results and defense-in- In accordance with the purposes of pilots for inservice inspection, depth in the context of risk-informed Sections 29 and 182b. of the Atomic extension of allowed outage times, regulation. Energy Act (42 U.S.C. 2039, 2232b), the and online maintenance. 2:00 p.m.—2:15 p.m.: Reconciliation of Advisory Committee on Reactor 10:15 a.m.–11:45 a.m.: Proposed Final ACRS Comments and Safeguards will hold a meeting on April Revision to 10 CFR 50.65(a) of the Recommendations (Open)—The 7–10, 1999, in Conference Room T–2B3, Maintenance Rule and an Associated Committee will discuss the responses 11545 Rockville Pike, Rockville, Draft Regulatory Guide (Open)—The from the NRC Executive Director for Maryland. The date of this meeting was Committee will hear presentations by Operations (EDO) to comments and previously published in the Federal and hold discussions with recommendations included in recent Register on Wednesday, November 18, representatives of the NRC staff and ACRS reports and letters. The EDO 1998 (63 FR 64105). NEI regarding the proposed final responses are expected to be provided revision to 10 CFR 50.65(a) of the to the ACRS prior to the meeting. Wednesday, April 7, 1999 Maintenance Rule that would require 2:15 p.m.—3:00 p.m.: Report of the 1:00 p.m.–1:15 p.m.: Opening Remarks licensees to perform safety Planning and Procedures by the ACRS Chairman (Open)—The assessments prior to performing Subcommittee (Open/Closed)—The ACRS Chairman will make opening maintenance activities, and an Committee will hear a report of the remarks regarding the conduct of the associated draft Regulatory Guide. Planning and Procedures meeting. 12:45 p.m.–2:15 p.m.: Proposed Subcommittee on matters related to 1:15 p.m.–2:45 p.m.: Draft Commission Approach for Revising the the conduct of ACRS business, and Paper on Proposed Improvements to Commission’s Safety Goal Policy organizational and personnel matters the Generic Communications Process Statement (Open)—The Committee relating to the ACRS. [Note: A portion (Open)—The Committee will hear will hear presentations by and hold of this session may be closed to presentations by and hold discussions discussions with representatives of discuss organizational and personnel with representatives of the NRC staff the NRC staff regarding the staff’s matters that relate solely to the regarding the draft Commission Paper proposed approach for revising the internal personnel rules and practices

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of this Advisory Committee, and meeting noted above to discuss matters For the Nuclear Regulatory Commission. information the release of which that relate solely to the internal Elinor G. Adensam, would constitute a clearly personnel rules and practices of this Director, Project Directorate 1–2, Division of unwarranted invasion of personal Advisory Committee per 5 U.S.C. Licensing Project Management Office of privacy.] 552b(c)(2), to discuss information Nuclear Reactor Regulation. 3:15 p.m.—4:00 p.m.: Future ACRS provided in confidence by a foreign Office of Nuclear Reactor Regulation, Samuel Activities (Open)—The Committee source per 5 U.S.C. 552b(c(4), and to J. Collins, Director will discuss the recommendations of discuss information the release of which In the Matter of Vermont Yankee Nuclear the Planning and Procedures would constitute a clearly unwarranted Power Corporation (Vermont Yankee Subcommittee regarding items invasion of personal privacy per 5 Nuclear Power Station) proposed for consideration by the full U.S.C. 552b(c)(6). Docket No. 50–271 Committee during future meetings. Further information regarding topics License No. DPR–28 4:00 p.m.—7:00 p.m.: Preparation of to be discussed, whether the meeting ACRS Reports (Open)—The has been canceled or rescheduled, the (10 CFR 2.206) Committee will continue its Chairman’s ruling on requests for the Director’s Decision Pursuant to 10 CFR 2.206 discussion of proposed ACRS reports. opportunity to present oral statements I. Introduction Saturday, April 10, 1999 and the time allotted therefor, can be obtained by contacting Dr. Richard P. By a Petition submitted pursuant to 8:30 a.m.–2:00 p.m.: Preparation of Savio, Associate Director for Technical 10 CFR 2.206 on April 9, 1998, Michael ACRS Reports (Open)—The Support (telephone 301/415–7363), J. Daley, on behalf of the New England Committee will continue its between 7:30 a.m. and 4:15 p.m. EST. Coalition on Nuclear Pollution, Inc., discussion of proposed ACRS reports. ACRS meeting agenda, meeting (Petitioner), requested that the U.S. 2:00 p.m.—2:30 p.m.: Miscellaneous Nuclear Regulatory Commission (NRC) (Open)—The Committee will discuss transcripts, and letter reports are available for downloading or viewing on take immediate action with regard to the matters related to the conduct of Vermont Yankee Nuclear Power Station the internet at http://www.nrc.gov/ Committee activities and matters and (VYNPS) operated by the Vermont ACRSACNW. specific issues that were not Yankee Nuclear Power Corporation Videoteleconferencing service is completed during previous meetings, (licensee or Vermont Yankee). as time and availability of information available for observing open sessions of The Petitioner requested that the NRC permit. ACRS meetings. Those wishing to use issue an order requiring that the this service for observing ACRS Procedures for the conduct of and licensee’s administrative limits, which participation in ACRS meetings were meetings should contact Mr. Theron were in effect at the time and precluded published in the Federal Register on Brown, ACRS Audio Visual Technician VYNPS from operating with a torus September 29, 1998 (63 FR 51968). In (301–415–8066), between 7:30 a.m. and water temperature above 80 °F or with accordance with these procedures, oral 3:45 p.m. EST at least 10 days before the a service water injection temperature or written views may be presented by meeting to ensure the availability of this greater than 50 °F, shall remain in force members of the public, including service. Individuals or organizations until certain conditions are met. The representatives of the nuclear industry. requesting this service will be conditions listed include a complete Electronic recordings will be permitted responsible for telephone line charges reconstitution of the licensing basis for only during the open portions of the and for providing the equipment the maximum torus water temperature, meeting and questions may be asked facilities that they use to establish the submittal to the NRC of a technical only by members of the Committee, its videoteleconferencing link. The specifications (TSs) amendment request consultants, and staff. Persons desiring availability of videoteleconferencing establishing the correct maximum torus to make oral statements should notify services is not guaranteed. water temperature, and completion of Dr. Richard P. Savio, Associate Director Dated: March 25, 1999. NRC’s review of the amendment for Technical Support, five days before Andrew L. Bates, request. the meeting, if possible, so that Advisory Committee Management Officer. On May 13, 1998, the Director of the appropriate arrangements can be made [FR Doc. 99–7844 Filed 3–31–99; 8:45 am] Office of Nuclear Reactor Regulation to allow necessary time during the informed the Petitioner that he was BILLING CODE 7590±01±P meeting for such statements. Use of still, denying the request for immediate motion picture, and television cameras action at VNYPS, that the Petition was during this meeting may be limited to NUCLEAR REGULATORY being evaluated under 10 CFR 2.206 of selected portions of the meeting as COMMISSION the Commission’s regulations, and that determined by the Chairman. action would be taken in a reasonable Information regarding the time to be set [Docket No. 50±271] time. aside for this purpose may be obtained The NRC staff’s review of the Petition by contacting the Associate Director for Vermont Yankee Nuclear Power is now complete. For the reasons set Technical Support prior to the meeting. Corporation; Correction Notice forth below, the Petitioner’s remaining In view of the possibility that the requests have been approximately schedule for ACRS meetings may be On February 25, 1999, the NRC addressed. The conditions associated adjusted by the Chairman as necessary published (64 FR 9360) ‘‘issuance of with the Petitioner’s request have been to facilitate the conduct of the meeting, Director’s Decision Under 10 CFR completed, including establishment of persons planning to attend should check 2.206.’’ The text of the actual Director’s the correct licensing basis for the with the Associate Director for Decision should have followed the maximum torus temperature, submittal Technical Support if such rescheduling notice but did not. The text of of a TS amendment request establishing would result in major inconvenience. ‘‘Director’s Decision Pursuant to 10 CFR the correct maximum torus water In accordance with Subsection 10(d) 2.206’’ (DD–99–04) follows this notice. temperature limit, and completion of Pub. L. 92–463, I have determined that Dated at Rockville, Maryland this 25th day the NRC’s review of the amendment it is necessary to close portions of this of March 1999. request.

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II. Background and the consistency of the as-built the appropriate maximum torus water ° In support of these requests, the configuration and system operations temperature is 90 F. Therefore, Petitioner raised concerns about the with the final safety analysis report. The imposition of the more restrictive licensee being unable to demonstrate an team concluded that although some administrative limits specified in the ability to either justify the operational concerns were identified, the systems Petition are not necessary. evaluated were capable of performing limits for the maximum torus water IV. Conclusion temperature or to maintain operations their intended functions and the design within existing administrative limits engineers had excellent knowledge and The NRC staff has evaluated the capabilities. The report findings were (torus water temperature is critical to information provided by the Petitioner documented in NRC Inspection Report the proper functioning of the as its basis for the actions requested. As Number 50–271/97–201, which was containment). The Petitioner asserted indicated in the May 13 letter to the provided with our May 13 letter to the that since 1994, events have caused the Petitioner, the NRC has concluded that Petitioner. issuing an immediate order, as licensee to question VYNPS’s maximum One of the concerns identified during torus water temperature limits four requested, was unnecessary since the the inspection was associated with the licensee took appropriate actions to times, leading to the self-imposed licensee’s previous handling of the torus administrative limits previously noted. determine the proper limit on torus water temperature issue and resulted in water temperature, sought a TS The Petitioner stated that the NRC must enforcement action being taken on April move from a ‘‘wait and see’’ posture to amendment to impose the correct torus 14, 1998, because of a failure to (1) water temperature, and administratively active intervention, with immediate properly translate the design basis of the imposition of the order recommended implemented the limit while the NRC plant into specifications, procedures, reviewed the analysis in support of the by the Petitioner as a first step. and instructions and (2) promptly The staff notes that the limits TS amendment. Although the NRC correct design deficiencies once they denied Petitioner’s request to take proposed by the Petitioner were in effect were identified. However, credit was at VYNPS on an interim basis while the immediate action to issue an order warranted for corrective actions because imposing certain limits on VYNPS, the licensee determined the correct NRC considered the licensee’s actions, conditions associated with the request maximum torus water temperature once the violations were identified, to have been completed, including limits since it was determined that the be prompt and comprehensive. ° TS limit of 100 F was incorrect. The At the NRC’s request, several public establishment of the correct licensing licensee subsequently completed the meetings were conducted to discuss basis for the maximum torus analysis and determined that the correct issues, including the licensee’s analysis temperature, submittal of a TS limit for the maximum torus water to determine the appropriate torus water amendment request establishing the temperature is 90 °F. This temperature limit. As a result of correct maximum torus water administrative limit was then discussions with the licensee during temperature limit, and completion of established at 90 °F and a TS public meetings on March 5, March 24, the NRC’s review of the amendment amendment request was submitted to and April 7, 1998, the NRC concluded request. establish this as the maximum torus that the licensee was taking the Since the conditions listed in the water temperature. appropriate actions to resolve this issue Petition have been met and the NRC had previously addressed Petitioner’s III. Discussion and to ensure that the appropriate maximum torus water temperature was immediate request for imposition of an As indicated in the May 13 letter, specified in the TS and administratively order, all actions associated with the Petitioner’s request for immediate action controlled while the TS amendment was request are complete. For the reasons was denied. Although the NRC being reviewed by the NRC. During the contained in the safety evaluation, we identified concerns regarding the April 7 meeting, the licensee committed have concluded that the appropriate licensee’s handling of the torus water to submit the TS amendment request to limit for maximum torus water temperature issue in the past, as limit the torus water temperature to 90 temperature is 90°F, making the limits evidenced by the NRC’s enforcement °F, which is an input value to the requested in the Petition unnecessary. action (Notice of Violation and containment analysis calculations, Accordingly, the staff has addressed the Proposed Imposition of Civil Penalty of before restart. The calculations issues raised by the Petitioner and has $55,000 dated April 14, 1998), there was supporting the amendment request were completed its actions relating to the insufficient basis for concluding that the subjected to the licensee’s formal Petition. limits proposed by the Petitioner must quality process for assuring accuracy As provided in 10 CFR 2.206(c), a be imposed on the licensee while the and completeness and provided copy of this Decision will be filed with ° NRC reviewed the associated TS additional assurance that the 90 F limit the Secretary of the Commission for the amendment request. The NRC took is correct. The more restrictive Commission’s review. This Decision ° several actions in this area, including administrative limits (80 F torus water will constitute the final action of the ° performing a design inspection and temperature and 50 F service water Commission 25 days after issuance conducting several meetings with the injection water temperature) were put in unless the Commission, on its own licensee on this issue. The NRC place by the licensee, while the detailed motion, institutes review of the Decision concluded that the licensee’s actions to analysis was performed to verify that 90 within that time. resolve this issue were acceptable. °F was the correct limit. In May and June 1997, the NRC The licensee proposed a TS Dated at Rockville, Maryland, this 10th day performed a design inspection to amendment to establish a maximum of February 1999. evaluate the capability of selected torus water temperature limit of 90 °F For the Nuclear Regulatory Commission. systems to perform their intended safety by letter dated May 8, 1998, as Samuel J. Collins, function as described in design-basis supplemented on July 10 and October 2, Director, Office of Nuclear Reactor documentation. Also, the NRC assessed 1998. The NRC reviewed the licensee’s Regulation. the licensee’s adherence to its design analysis and concluded, for the reasons [FR Doc. 99–8029 Filed 3–31–99; 8:45 am] and licensing basis for selected systems, specified in the safety evaluation, that BILLING CODE 7590±01±M

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NUCLEAR REGULATORY submitted in support of the request, and possession, use, and disposal of COMMISSION copies of the full text of the NRC staff byproduct materials as defined in assessment are also available for public Section 11e.(2) of the Act; (3) the State of Ohio: NRC Staff Assessment inspection in the NRC’s Public possession and use of source materials; of a Proposed Agreement Between the Document Room. (4) the possession and use of special Nuclear Regulatory Commission and FOR FURTHER INFORMATION CONTACT: nuclear materials in quantities not the State of Ohio Richard L. Blanton, Office of State sufficient to form a critical mass; (5) the regulation of the land disposal of AGENCY: Nuclear Regulatory Programs, U.S. Nuclear Regulatory Commission. Commission, Washington, DC 20555– byproduct materials as defined in Section 11e.(1) of the Act, source, or ACTION: 0001. Telephone (301) 415–2322 or e- Notice of a proposed Agreement special nuclear waste materials received with the State of Ohio. mail [email protected]. SUPPLEMENTARY INFORMATION: Since from other persons; and (6) the SUMMARY: By letter dated June 22, 1998, Section 274 of the Act was added in evaluation of radiation safety former Governor George V. Voinovich of 1959, the Commission has entered into information on sealed sources or Ohio requested that the U. S. Nuclear Agreements with 30 States. The devices containing byproduct materials Regulatory Commission (NRC) enter Agreement States currently regulate as defined in Section 11e.(1) of the Act, into an Agreement with the State as approximately 16,000 agreement source, or special nuclear materials and authorized by Section 274 of the Atomic material licenses, while NRC regulates the registration of the sealed sources or Energy Act of 1954, as amended (Act). approximately 5800 licenses. Under the devices for distribution, as provided for Under the proposed Agreement, the proposed Agreement, approximately in regulations or orders of the Commission would give up, and Ohio 550 NRC licenses will transfer to Ohio. Commission. (b) The proposed Agreement contains would take over, portions of the NRC periodically reviews the articles that: Commission’s regulatory authority performance of the Agreement States to exercised within the State. As required assure compliance with the provisions —Specify the materials and activities by the Act, NRC is publishing the of Section 274. over which authority is transferred; proposed Agreement for public Section 274e requires that the terms of —Specify the activities over which the comment. NRC is also publishing the the proposed Agreement be published Commission will retain regulatory summary of an assessment by the NRC in the Federal Register for public authority; —Continue the authority of the staff of the Ohio regulatory program. comment once each week for four Commission to safeguard nuclear Comments are requested on the consecutive weeks. This notice is being proposed Agreement, especially its materials and restricted data; published in fulfillment of the —Commit the State of Ohio and NRC to effect on public health and safety. requirement. exchange information as necessary to Comments are also requested on the maintain coordinated and compatible NRC staff assessment, the adequacy of I. Background (a) Section 274d of the Act provides programs; the Ohio program staff, and the State’s —Provide for the reciprocal recognition the mechanism for a State to assume commitments concerning the program of licenses; staff, as discussed in this notice. regulatory authority, from the NRC, over 1 —Provide for the suspension or The proposed Agreement would certain radioactive materials and termination of the Agreement; release (exempt) persons who possess or activities that involve use of the —Provide for the transfer of any use certain radioactive materials in Ohio materials. In a letter dated June 22, financial surety funds collected by from portions of the Commission’s 1998, Governor Voinovich certified that Ohio for reclamation or long-term regulatory authority. The Act requires the State of Ohio has a program for the surveillance of sites for the disposal of that NRC publish those exemptions. control of radiation hazards that is byproduct materials (as defined in Notice is hereby given that the pertinent adequate to protect public health and Section 11e.(2) of the Act) to the exemptions have been previously safety within Ohio for the materials and United States if custody of the published in the Federal Register and activities specified in the proposed material and the disposal site are are codified in the Commission’s Agreement, and that the State desires to transferred; and regulations as 10 CFR part 150. assume regulatory responsibility for —Specify the effective date of the DATES: The comment period expires these materials and activities. Included proposed Agreement. The April 12, 1999. Comments received after with the letter was the text of the Commission reserves the option to this date will be considered if it is proposed Agreement, which is shown in modify the terms of the proposed practical to do so, but the Commission Appendix A to this notice. Agreement in response to comments, cannot assure consideration of The radioactive materials and to correct errors, and to make editorial comments received after the expiration activities (which together are usually changes. The final text of the date. referred to as the ‘‘categories of Agreement, with the effective date, ADDRESSES: Written comments may be materials’’) which the State of Ohio will be published after the Agreement submitted to Mr. David L. Meyer, Chief, requests authority over are: (1) the is approved by the Commission, and Rules and Directives Branch, Division of possession and use of byproduct signed by the Chairman of the Administrative Services, Office of materials as defined in Section 11e.(1) Commission and the Governor of Administration, Washington, DC 20555– of the Act; (2) the generation, Ohio. 0001. Copies of comments received by (c) Ohio currently regulates the users 1 The radioactive materials, sometimes referred to NRC may be examined at the NRC as ‘‘agreement materials,’’ are: (a) byproduct of naturally-occurring and accelerator- Public Document Room, 2120 L Street, materials as defined in Section 11e.(1) of the Act; produced radioactive materials. The NW. (Lower Level), Washington, DC. (b) byproduct materials as defined in Section regulatory program is authorized by law Copies of the proposed Agreement, 11e.(2) of the Act; (c) source materials as defined in Section 3748 of the Ohio Revised in Section 11z. of the Act; and (d) special nuclear copies of the request for an Agreement materials as defined in Section 11aa. of the Act, Code. Subsection 3748.03 provides the by the Governor of Ohio including all restricted to quantities not sufficient to form a authority for the Governor to enter into information and documentation critical mass. an Agreement with the Commission.

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Ohio law contains provisions for the members have had additional training inspections, and to enforce compliance orderly transfer of regulatory authority plus working experience in radiation with regulations, license conditions, over affected licensees from NRC to the protection. Supervisory level staff have and orders. Licensees are required to State. After the effective date of the more than ten years working experience provide access to inspectors. The Public Agreement, licenses issued by NRC each in radiation protection. Health Council is authorized to would continue in effect as Ohio The Bureau currently has staff promulgate regulations. licenses until the licenses expire or are vacancies, which it is actively recruiting The law requires the Public Health replaced by State issued licenses. NRC to fill. In response to NRC comments, Council to adopt rules that are licenses transferred to Ohio which the Bureau performed, and NRC staff compatible with the equivalent NRC contain requirements for reviewed, an analysis of the expected regulations and that are equally decommissioning and express an intent Bureau workload under the proposed stringent to, or to the extent practicable to terminate the license when Agreement. Based on the analysis, Ohio more stringent than, the equivalent NRC decommissioning has been completed has made three commitments. First, the regulations. The Council has adopted, in accordance with a Commission Bureau will employ a staff of at least 21 by reference, the NRC regulations in approved decommissioning plan will full-time professional/technical Title 10 of the Code of Federal continue as Ohio licenses and will be employees for the agreement materials Regulations that were in effect on terminated by Ohio when the program. Second, the distribution of the October 19, 1998. The adoption by Commission approved qualifications of the individual staff reference is contained in Chapter 3701– decommissioning plan has been members will be balanced to the 39–021 of the Ohio Administrative Code completed. distribution of categories of licensees (OAC). The Board of Health has (d) As described below, the proposed transferred from NRC. For example, extended the effect of the rules, where Agreement will be signed only after the there will be enough inspectors trained appropriate, to apply to naturally fulfillment of commitments by Ohio to and qualified to inspect industrial occurring radioactive materials and to hire, train, and qualify a sufficient radiography operations that the program radioactive materials produced in number of professional/technical staff. will be able to inspect all of the particle accelerators, in addition to Contingent on the fulfilment of these industrial radiography licensees agreement materials. commitments, the NRC staff assessment transferred from NRC without Ohio rule 3701–39–021(A) specifies finds that the Ohio program is adequate developing a backlog of overdue that references to the NRC shall be to protect public health and safety, and inspections. Third, each individual on construed as references to the Director is compatible with the NRC program for the staff will be qualified in accordance of the Department of Health. It is noted, the regulation of agreement materials. with the Bureau’s training and however, that Ohio has adopted most of the NRC regulations as entire Parts, II. Summary of the NRC Staff qualification procedure (including use of interim qualification) to function in including sections that address Assessment of the Ohio Program for the regulatory matters reserved to the the areas of responsibility to which the Control of Agreement Materials Commission. Ohio has adopted a individual is assigned. In the case of NRC staff has examined the Ohio provision in Rule 3701–39–021(A) individuals assigned to review radiation request for an Agreement with respect to excepting such sections from being safety information on sealed sources or the ability of the radiation control construed as enforced by the Director of devices containing byproduct materials program to regulate agreement the Department of Health. The OAC also as defined in Section 11e.(1) of the Act, materials. The examination was based contains a provision to avoid source, or special nuclear materials, this on the Commission’s policy statement interference with licensees when they commitment includes assuring that the ‘‘Criteria for Guidance of States and are complying with regulatory individuals will be able to: NRC in Discontinuance of NRC requirements which the Act specifies Regulatory Authority and Assumption —Understand and interpret, if NRC must enforce and when they are Thereof by States Through Agreement’’ necessary, appropriate prototype tests complying with NRC regulatory (referred to herein as the ‘‘NRC criteria’’) that ensure the integrity of the requirements from which the State (46 FR 7540; January 23, 1981, as products under normal, and likely licensees have not been exempted by amended). accidental, conditions of use, the proposed Agreement. The NRC staff (a) Organization and Personnel. The —Understand and interpret test results, concludes that Ohio will not attempt to agreement materials program will be —Read and understand blueprints and enforce the regulatory matters reserved located within the existing Bureau of drawings, to the Commission. In accordance with Radiation Protection (Bureau) of the —Understand how the device works NRC Management Directive 5.9, Ohio Department of Health. The and how safety features operate, ‘‘Adequacy and Compatibility of program will be responsible for all —Understand and apply appropriate Agreement State Programs,’’ this regulatory activities related to the regulations, approach is considered compatible. proposed Agreement. —Understand the conditions of use, The NRC staff review verified that the The educational requirements for the —Understand external dose rates, Ohio rules contain all of the provisions Bureau staff members are specified in source activities, and nuclide that are necessary in order to be the Ohio State personnel position chemical form, and compatible with the regulations of the descriptions, and meet the NRC criteria —Understand and utilize basic NRC on the effective date of the with respect to formal education or knowledge of engineering materials Agreement between the State and the combined education and experience and their properties. Commission. The adoption of the NRC requirements. All current staff members (b) Legislation and Regulations. The regulations by reference assures that the hold at least bachelor’s degrees in Ohio Department of Health is standards will be uniform. physical or life sciences, or have a designated by law in Chapter 3748 of The Ohio regulations are different combination of education and the Ohio Revised Code to be the from the NRC regulations with respect experience at least equivalent to a radiation control agency. The law to the decommissioning of a licensed bachelor’s degree. Several staff members provides the Department the authority facility and the termination of the hold advanced degrees, and all staff to issue licenses, issue orders, conduct license. Current NRC regulations permit

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15839 a license to be terminated when the contain guidance for the program staff and regulatory programs for the facility has been decommissioned, i.e., when evaluating license applications. protection against hazards of radiation cleaned of radioactive contamination, (g) Inspections and Enforcement. The and to assure that Ohio’s program will such that the residual radiation will not Ohio radiation control program has continue to be compatible with the cause a total effective dose equivalent adopted a schedule providing for the Commission’s program for the greater than 25 millirem per year to an inspection of licensees as frequently as, regulation of agreement materials. The average member of the group of or more frequently than, the inspection proposed Agreement stipulates the individuals reasonably expected to schedule used by NRC. The program has desirability of reciprocal recognition of receive the greatest exposure. Normally, adopted procedures for the conduct of licenses, and commits the Commission the NRC regulations require that the 25 inspections, the reporting of inspection and Ohio to use their best efforts to millirem dose constraint be met without findings, and the report of inspection accord such reciprocity. imposing any restrictions regarding the results to the licensees. The program has III. Staff Conclusion future use of the land or buildings of the also adopted, by rule in the OAC, facility (‘‘unrestricted release’’). Under procedures for the enforcement of Subsection 274d of the Act provides certain circumstances, NRC regulations regulatory requirements. that the Commission shall enter into an in 10 CFR part 20, Subpart E, allow a (h) Regulatory Administration. The agreement under subsection 274b with license to be terminated if the 25 Ohio Department of Health is bound by any State if: millirem dose constraint is met with requirements specified in State law for (a) The Governor of the State certifies restrictions on the future use rulemaking, issuing licenses, and taking that the State has a program for the (‘‘restricted release’’). Ohio law does not enforcement actions. The program has control of radiation hazards adequate to allow a license to be terminated under also adopted administrative procedures protect public health and safety with restricted release. Ohio will instead to assure fair and impartial treatment of respect to the agreement materials issue special ‘‘decommissioning- license applicants. Ohio law prescribes within the State, and that the State possession only’’ licenses as an standards of ethical conduct for State desires to assume regulatory alternative to license termination under employees. responsibility for the agreement restricted release. The Commission has (i) Cooperation with Other Agencies. materials; and concluded that Ohio’s approach, Ohio law deems the holder of an NRC (b) The Commission finds that the although different, is compatible. license on the effective date of the State program is in accordance with the (c) Storage and Disposal. Ohio has proposed Agreement to possess a like requirements of Subsection 274o, and in also adopted, by reference, the NRC license issued by Ohio. The law all other respects compatible with the requirements for the storage of provides that these former NRC licenses Commission’s program for the radioactive material, and for the will expire either 90 days after receipt regulation of materials, and that the disposal of radioactive material as from the radiation control program of a State program is adequate to protect waste. The waste disposal requirements notice of expiration of such license or public health and safety with respect to cover both the disposal of waste on the date of expiration specified in the the materials covered by the proposed generated by the licensee and the NRC license, whichever is later. In the Agreement. disposal of waste generated by and case of NRC licenses that are terminated On the basis of its assessment, the received from other persons. under restricted conditions pursuant to NRC staff concludes that the State of (d) Transportation of Radioactive 10 CFR 20.1403 prior to the effective Ohio meets the requirements of the Act, Material. Ohio has adopted the NRC date of the proposed Agreement, Ohio conditioned on completion of the regulations in 10 CFR part 71 by deems the termination to be final commitments made in regard to the reference. Part 71 contains the despite any other provisions of State program staff. The State’s program, as requirements licensees must follow law or rule. For NRC licenses that, on defined by its statutes, regulations, when preparing packages containing the effective date of the proposed personnel, licensing, inspection, and radioactive material for transport. Part Agreement, contain a license condition administrative procedures, is 71 also contains requirements related to indicating intent to terminate the compatible with the program of the the licensing of packaging for use in license upon completion of a Commission and adequate to protect transporting radioactive materials. Ohio Commission approved public health and safety with respect to will not attempt to enforce portions of decommissioning plan, the transferred the materials covered by the proposed the regulations related to activities, such license will be terminated by Ohio in Agreement. as approving packaging designs, which accordance with the plan so long as the NRC will continue the formal are reserved to NRC. licensee conforms to the approved plan. processing of the proposed Agreement, (e) Recordkeeping and Incident Ohio also provides for ‘‘timely however, the signing of the Agreement Reporting. Ohio has adopted, by renewal.’’ This provision affords the will be contingent upon the Bureau’s reference, the sections of the NRC continuance of licenses for which an completion of the staffing commitments. regulations which specify requirements application for renewal has been filed IV. Small Business Regulatory for licensees to keep records, and to more than 30 days prior to the date of Enforcement Fairness Act report incidents or accidents involving expiration of the license. NRC licenses materials. transferred while in timely renewal are In accordance with the Small (f) Evaluation of License Applications. included under the continuation Business Regulatory Enforcement Ohio has adopted, by reference, the NRC provision. The OAC provides Fairness Act of 1996, the NRC has regulations that specify the exemptions from the State’s determined that this action is not a requirements which a person must meet requirements for licensing of sources of major rule and has verified this in order to get a license to possess or use radiation for NRC and U.S. Department determination with the Office of radioactive materials. Ohio has also of Energy contractors or subcontractors. Information and Regulatory Affairs of developed a licensing procedures The proposed Agreement commits the Office of Management and Budget manual, along with the accompanying Ohio to use its best efforts to cooperate (OMB). regulatory guides, which are adapted with the NRC and the other Agreement Dated at Rockville, Maryland, this 5th day from similar NRC documents and States in the formulation of standards of March, 1999.

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For the Nuclear Regulatory Commission. Whereas, This Agreement is entered 1. Prior to the termination of a State Annette Vietti-Cook, into pursuant to the provisions of the license for such byproduct material, or Secretary of the Commission. Atomic Energy Act of 1954, as amended; for any activity that results in the Now, Therefore, It is hereby agreed production of such material, the An Agreement Between The United between the Commission and the Commission shall have made a States Nuclear Regulatory Commission Governor of the State of Ohio, acting in determination that all applicable and the State of Ohio for the behalf of the State, as follows: standards and requirements pertaining Discontinuance of Certain Commission Article I to such material have been met. Regulatory Authority and 2. The Commission reserves the Responsibility Within the State Subject to the exceptions provided in authority to establish minimum Pursuant To Section 274 of the Atomic Articles II, IV, and V, the Commission standards governing reclamation, long- Energy Act of 1954, as Amended shall discontinue, as of the effective term surveillance or maintenance, and Whereas, The United States Nuclear date of this Agreement, the regulatory ownership of such byproduct material Regulatory Commission (hereinafter authority of the Commission in the State and of land used as a disposal site for referred to as the Commission) is under Chapters 6, 7, and 8, and Section such material. authorized under Section 274 of the 161 of the Act with respect to the Such reserved authority includes: Atomic Energy Act of 1954, as amended following materials: a. The authority to establish terms and (hereinafter referred to as the Act), to 1. Byproduct materials as defined in conditions as the Commission enter into agreements with the Governor Section 11e.(1) of the Act; determines necessary to assure that, of any State providing for 2. Byproduct materials as defined in prior to termination of any license for discontinuance of the regulatory Section 11e.(2) of the Act; such byproduct material, or for any authority of the Commission within the 3. Source materials; activity that results in the production of State under Chapters 6, 7, and 8, and 4. Special nuclear materials in such material, the licensee shall comply Section 161 of the Act with respect to quantities not sufficient to form a with decontamination, byproduct materials as defined in critical mass; decommissioning, and reclamation 5. The regulation of the land disposal Sections 11e.(1) and (2) of the Act, standards prescribed by the of byproduct, source, or special nuclear source materials, and special nuclear Commission; and with ownership waste materials received from other materials in quantities not sufficient to requirements for such materials and its persons; and disposal site; form a critical mass; and 6. The evaluation of radiation safety Whereas, The Governor of the State of b. The authority to require that prior information on sealed sources or Ohio is authorized under Chapter 3748. to termination of any license for such devices containing byproduct, source, or of the Ohio Revised Code to enter into byproduct material or for any activity special nuclear materials and the this Agreement with the Commission; that results in the production of such registration of the sealed sources or and material, title to such byproduct Whereas, The Governor of the State of devices for distribution, as provided for material and its disposal site be in regulations or orders of the Ohio certified on June 22, 1998, that the transferred to the United States or the Commission. State of Ohio (hereinafter referred to as State at the option of the State (provided the State) has a program for the control Article II such option is exercised prior to of radiation hazards adequate to protect A. This Agreement does not provide termination of the license); the health and safety of the public and for discontinuance of any authority and c. The authority to permit use of the to protect the environment with respect the Commission shall retain authority surface or subsurface estates, or both, of to the materials within the State covered and responsibility with respect to: the land transferred to the United States by this Agreement, and that the State 1. The regulation of the construction or a State pursuant to paragraph 2.b. in desires to assume regulatory and operation of any production or this section in a manner consistent with responsibility for such materials; and utilization facility or any uranium the provisions of the Uranium Mill Whereas, The Commission found on enrichment facility; Tailings Radiation Control Act of 1978, (date to be determined) that the program 2. The regulation of the export from provided that the Commission of the State for the regulation of the or import into the United States of determines that such use would not materials covered by this Agreement is byproduct, source, or special nuclear endanger public health, safety, welfare, compatible with the Commission’s material, or of any production or or the environment; program for the regulation of such utilization facility; d. The authority to require, in the case materials and is adequate to protect 3. The regulation of the disposal into of a license, if any, for any activity that public health and safety; and the ocean or sea of byproduct, source, or produces such byproduct material Whereas, The State and the special nuclear waste materials as (which license was in effect on Commission recognize the desirability defined in the regulations or orders of November 8, 1981), transfer of land and and importance of cooperation between the Commission; material pursuant to paragraph 2.b. in the Commission and the State in the 4. The regulation of the disposal of this section taking into consideration formulation of standards for protection such other byproduct, source, or special the status of such material and land and against hazards of radiation and in nuclear material as the Commission interests therein, and the ability of the assuring that State and Commission from time to time determines by licensee to transfer title and custody programs for protection against hazards regulation or order should, because of thereof to the United States or the State; of radiation will be coordinated and the hazards or potential hazards thereof, e. The authority to require the compatible; and not be so disposed without a license Secretary of the Department of Energy, Whereas, The Commission and the from the Commission. other Federal agency, or State, State recognize the desirability of B. Notwithstanding this Agreement, whichever has custody of such reciprocal recognition of licenses, and of the Commission retains the following byproduct material and its disposal site, the granting of limited exemptions from authorities pertaining to byproduct to undertake such monitoring, licensing of those materials subject to material as defined in Section 11e.(2) of maintenance, and emergency measures this Agreement; and the Atomic Energy Act: as are necessary to protect public health

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Such surety or other financial assure Federal long-term surveillance or listed in Article I licensed by the other requirements must be sufficient to maintenance of such byproduct material party or by any other Agreement State. ensure compliance with those standards and its disposal site on land held in Accordingly, the Commission and the established by the Commission trust by the United States for any Indian State agree to develop appropriate rules, pertaining to bonds, sureties, and Tribe or land owned by an Indian Tribe regulations, and procedures by which financial arrangements to ensure and subject to a restriction against such reciprocity will be accorded. adequate reclamation and long-term alienation imposed by the United States. management of such byproduct material Article VII and its disposal site. Article III The Commission, upon its own Article IX Notwithstanding this Agreement, the initiative after reasonable notice and This Agreement shall become Commission may from time to time by opportunity for hearing to the State, or effective on July 22, 1999, and shall rule, regulation, or order, require that upon request of the Governor of the remain in effect unless and until such the manufacturer, processor, or State, may terminate or suspend all or time as it is terminated pursuant to producer of any equipment, device, part of this Agreement and reassert the Article VIII. commodity, or other product containing licensing and regulatory authority source, byproduct, or special nuclear vested in it under the Act if the Done at Columbus, Ohio this (date to be material shall not transfer possession or Commission finds that (1) such determined). control of such product except pursuant termination or suspension is required to For the United States Nuclear Regulatory to a license or an exemption from protect public health and safety, or (2) Commission. licensing issued by the Commission. the State has not complied with one or lllllllllllllllllllll more of the requirements of Section 274 Chairman Article IV of the Act. The Commission may also, For the State of Ohio This Agreement shall not affect the pursuant to Section 274j of the Act, lllllllllllllllllllll authority of the Commission under temporarily suspend all or part of this Governor Subsection 161b or 161i of the Act to Agreement if, in the judgement of the [FR Doc. 99–8026 Filed 3–31–99; 8:45 am] issue rules, regulations, or orders to Commission, an emergency situation BILLING CODE 7590±01±P protect the common defense and exists requiring immediate action to security, to protect restricted data or to protect public health and safety and the State has failed to take necessary steps. guard against the loss or diversion of RAILROAD RETIREMENT BOARD special nuclear material. The Commission shall periodically review actions taken by the State under Proposed Collection; Comment Article V this Agreement to ensure compliance Request The Commission will cooperate with with Section 274 of the Act which SUMMARY: In accordance with the the State and other Agreement States in requires a State program to be adequate requirement of Section 3506(c)(2)(A) of the formulation of standards and to protect public health and safety with the Paperwork Reduction Act of 1995 regulatory programs of the State and the respect to the materials covered by this which provides opportunity for public Commission for protection against Agreement and to be compatible with comment on new or revised data hazards of radiation and to assure that the Commission’s program. collections, the Railroad Retirement State and Commission programs for Article VIII Board (RRB) will publish periodic protection against hazards of radiation In the licensing and regulation of summaries of proposed data collections. will be coordinated and compatible. The byproduct material as defined in Comments are invited on: (a) Whether State agrees to cooperate with the Section 11e.(2) of the Act, or of any the proposed information collection is Commission and other Agreement States activity which results in production of necessary for the proper performance of in the formulation of standards and such material, the State shall comply the functions of the agency, including regulatory programs of the State and the with the provisions of Section 274o of whether the information has practical Commission for protection against the Act. If in such licensing and utility; (b) the accuracy of the RRB’s hazards of radiation and to assure that regulation, the State requires financial estimate of the burden of the collection the State’s program will continue to be surety arrangements for reclamation or of the information; (c) ways to enhance compatible with the program of the long-term surveillance and maintenance the quality, utility, and clarity of the Commission for the regulation of of such material, information to be collected; and (d) materials covered by this Agreement. A. The total amount of funds the State ways to minimize the burden related to The State and the Commission agree collects for such purposes shall be the collection of information on to keep each other informed of proposed transferred to the United States if respondents, including the use of changes in their respective rules and custody of such material and its automated collection techniques or regulations, and to provide each other disposal site is transferred to the United other forms of information technology. the opportunity for early and States upon termination of the State Title and Purpose of information substantive contribution to the proposed license for such material or any activity collection: Request for Medicare changes. which results in the production of such payment; OMB 3220–0131. Under The State and the Commission agree material. Such funds include, but are section 7(d) of the Railroad Retirement to keep each other informed of events, not limited to, sums collected for long- Act, the RRB administers the Medicare accidents, and licensee performance term surveillance or maintenance. Such program for persons covered by the that may have generic implication or funds do not, however, include monies railroad retirement system. The otherwise be of regulatory interest. held as surety where no default has collection obtains the information

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.086 pfrm03 PsN: 01APN1 15842 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices needed by the United Healthcare (collectively, the ‘‘Acquiring Portions’’), available for a fee from the Insurance Company, the Medicare respectively, of the Investment Trust. Commission’s Public Reference Branch, carrier for railroad retirement APPLICANTS: Manulife Investment Trust, 450 Fifth St., NW, Washington, DC (tel beneficiaries, to pay claims for Manufacturers Securities Services, LLC (202) 942–8090). payments under Part B of the Medicare (‘‘Manulife Securities’’), The Applicants’ Representations program. Authority for collecting the Manufacturers Life Insurance Company information is prescribed in 42 CFR of North America (‘‘Manulife North 1. Applicants state that Manulife 424.32. America’’), The Manufacturers Life Investment Trust is an open-end, series, management investment company The RRB currently utilizes Forms G– Insurance Company of New York registered under the Act, which 740S and HCFA 1500 to secure the (‘‘Manulife New York’’), The currently offers 36 investment portfolios information necessary to pay Part B Manufacturers Life Insurance Company (collectively, the ‘‘Portfolios’’). The Medicare Claims. One response is (‘‘Manulife’’), The Manufacturers Life Investment Trust receives investment completed for each claim. Completion is Insurance Company of America advisory services from Manulife required to obtain a benefit. No changes (‘‘Manufacturers America’’), The Securities. In addition, MAC serves as are proposed to RRB Form G–740S or Manufacturers Life Insurance Company subadviser to the Capital Growth Bond HCFA Form 1500. The RRB estimates (U.S.A.) (‘‘Manufacturers U.S.A.’’), and Trust, one of the Portfolios involved in annual respondent burden associated Manufacturers Adviser Corporation the proposed reorganization. The shares with RRB Form G–740S as follows: (‘‘MAC’’). Estimated number of responses: 100. of Manulife Investment Trust are sold FILING DATES: The application was filed Estimated completion time per generally only to insurance companies on November 13, 1998, and amended on response: 15 minutes. and their separate accounts as the March 18, 1999. Estimated annual burden hours: 25. underlying investment medium for Additional Information or Comments: HEARING OR NOTIFICATION OF HEARING: An variable annuity and variable life To request more information or to order granting the application will be insurance contracts issued by such obtain a copy of the information issued unless the Commission orders a insurance companies. Manulife North collection justification, forms, and/or hearing. Interested persons may request America, Manulife New York, supporting material, please call the RRB a hearing by writing to the Secretary of Manufacturers America and Clearance Officer at (312) 751–3363. the Commission and serving Applicants Manufacturers U.S.A. and their separate Comments regarding the information with a copy of the request personally or accounts are the only shareholders of collection should be addressed to by mail. Hearing requests should be the Transferor Portfolios and the Ronald J. Hodapp, Railroad Retirement received by the Commission by 5:30 Acquiring Portfolios. Manulife North Board, 844 N. Rush Street, Chicago, p.m. on April 19, 1999, and should be America is controlled by Manulife, a Illinois 60611–2092. Written comments accompanied by proof of service on the Canadian mutual life insurance should be received within 60 days of Applicants in the form of an affidavit or, company based in Toronto, Canada. this notice. for lawyers, a certificate of service. Manulife New York, Manufacturers America and Manufacturers U.S.A. are Chuck Mierzwa, Hearing requests should state the nature of the writer’s interest, the reason for the indirect wholly-owned subsidiaries of Clearance Officer. request, and the issues contested. Manulife. [FR Doc. 99–8036 Filed 3–31–99; 8:45 am] Persons who wish to be notified of a 2. Applicants state that it is proposed BILLING CODE 7905±01±M hearing may request notification by that the Transferor Portfolios merge writing to the Secretary of the with and into the Acquiring Portfolios, Commission. respectively, (the ‘‘Reorganization’’), SECURITIES AND EXCHANGE pursuant to the terms and conditions ADDRESSES: For the Commission: COMMISSION stated in the Agreement and Plan of Secretary, Securities and Exchange Reorganization (the ‘‘Plan’’). In the [Rel. No. IC±23762; File No. 812±11400] Commission, 450 Fifth Street, NW, Reorganization, all of the assets of each Washington, DC 20549–0609. For the Transferor Portfolio will be transferred Manufacturers Investment Trust, et al.; Applicants: Manulife Investment Trust to a corresponding Acquiring Portfolio Notice of Application and Manulife Securities, 73 Tremont having a substantially similar Street, Boston, Massachusetts 02108; March 25, 1999. investment objective. In exchange, each Manulife North America, 116 AGENCY: Securities and Exchange Acquiring Portfolio will issue and Huntington Avenue, Boston Commission (the ‘‘Commission’’). deliver to the corresponding Transferor Massachusetts 02116; Manulife New Portfolio shares of such Acquiring ACTION: Notice of application for an York, International Corporate Center at order under section 17(b) of the Portfolio. The total value of all shares of Rye, 555 Theodore Fremd Avenue, Suite each Acquiring Portfolio issued in the Investment Company Act of 1940 (the C–209, Rye, New York 10580; Manulife, ‘‘Act’’). Reorganization will equal the total value Manufacturers America, Manufacturers of the net assets of the corresponding SUMMARY OF APPLICATION: Applicants U.S.A. and MAC at 200 Bloor Street Transferor Portfolio being acquired by seek an order exempting them from the East, Toronto, Ontario, Canada M4W such Acquiring Portfolio. In connection provisions of section 17(a) of the Act to 1E5. with the Reorganization, shares of each the extent necessary to permit the FOR FURTHER INFORMATION CONTACT: Acquiring Portfolio will be distributed merger of the Worldwide Growth Trust Keith E. Carpenter, Senior Counsel, or to holders of the shares of the respective and the Capital Growth Bond Trust Kevin M. Kirchoff, Branch Chief, Office corresponding Transferor Portfolio in (collectively, the ‘‘Transferor of Insurance Products, Division of liquidation of the Transferor Portfolio. Portfolios’’) of the Manufacturers Investment Management, at (202) 942– The number of full and fractional shares Investment Trust (‘‘Manulife Investment 0670. of an Acquiring Portfolio received by a Trust’’ or the ‘‘Investment Trust’’) with SUPPLEMENTARY INFORMATION: The shareholder of the corresponding and into the Global Equity Trust and the following is a summary of the Transferor Portfolio will be equal in Investment Quality Bond Trust application. The complete application is value to the value of that shareholder’s

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.087 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15843 shares of the corresponding Transferor 5. Applicants represent that a the prohibitions of Section 17(a). Portfolio as of the close of regularly description of the respective Applicants state that Rule 17a–8 is not scheduled trading on the New York subadvisory fees for the Transferor availale because of the share ownership Stock Exchange on the closing date of Portfolios and the corresponding by the affiliated insurance companies. the Reorganization. As a result of the Acquiring Portfolios and a pro forma Applicants state that, as a substantive Reorganization, each holder of shares of presentation of expenses after giving matter, the Reorganization is consistent each Transferor Portfolio will become a effect to the Reorganization were with the routine mergers that otherwise holder of shares of the Acquiring included in the materials presented to do not require exemptive relief, as well Portfolio. the Board of Trustees and will be as with the spirit of Rule 17a–8. 3. Applicants state that included in the prospectus/proxy Applicants state that the additional Reorganization will be affected in two statement delivered to shareholders of affiliations presented arise out of the distinct but contemporaneous transfers. the Transferor Portfolios, in each case in nature of variable product investing and The Global Equity Trust will acquire the connection with their consideration of are negated by the fact that assets and liabilities of the Worldwide the Reorganization. It is anticipated that contractholders participating in Growth Trust and the Investment the investment management fees and registered separate accounts holding Quality Bond Trust will acquire the the annualized expenses as a percentage shares of the Transferor Portfolios will assets and liabilities of the Capital of average net assets paid by the have the opportunity to provide voting Growth Bond Trust. Acquiring Portfolios generally will be instructions on the Reorganization and 4. Applicants state that the comparable to or lower than those paid that all shares technically owned by Reorganization will be submitted to a by the corresponding Transferor Manulife North America, Manulife New vote of the shareholders of the Portfolios. York, Manufacturers America and Transferor Portfolios for approval at a Manufacturers U.S.A. will be vetoed in Applicants’ Legal Analysis special shareholders’ meeting in proportion to voting instructions accordance with Massachusetts law, the 1. Section 17(a) of the Act provides in received. Act and Commission rules. The part that it is unlawful for any affiliated 5. The Board of Trustees of Manulife shareholders of the Transferor Portfolios person of a registered investment Investment Trust, including the are Manulife North America, Manulife company, or any affiliated person of disinterested Trustees, has reviewed the New York, Manufacturers America and such an affiliated person, acting as contemplated transactions and Manufacturers U.S.A., through their principal, knowingly to sell to such determined that the participation by registered and unregistered separate investment company or to purchase each Transferor Portfolio and each accounts. Manulife North America, from such investment company any corresponding Acquiring Portfolio in Manulife New York, Manufacturers securities or other property. the Reorganization is in the best interest America and Manufacturers U.S.A. thus 2. Applicants state that as a result of of each Transferor Portfolio and each have the right to vote upon matters that the relationships described above, the corresponding Acquiring Portfolio, as are required by the Act to be approved Transferor Portfolios and the Acquiring well as in the best interests of or ratified by shareholders and to vote Portfolios may be deemed to be under shareholders and the contractholders upon any other matters that may be common control, and therefore, whose contract values are invested in voted upon at a special shareholders’ affiliated persons of each other as shares of the Transferor Portfolios and meeting. However, each of Manulife defined by section 2(a)(3) of the Act, the corresponding Acquiring Portfolios, North America, Manulife New York, and for the purposes of the prohibitions and that the interests of existing Manufacturers America and of section 17(a) of the Act. Alternatively, shareholders and contractholders will Manufacturers U.S.A. will vote all they may be deemed to be affiliated not be diluted as a result of the shares of the Transferor Portfolios in persons of affiliated persons of each Reorganization. Accordingly, if Rule accordance with and in proportion to other. 17a–8 were available, its conditions timely instructions received from 3. Section 17(b) of the Act permits a would be satisfied. owners of the variable contracts issued person to file with the Commission an 6. Applicants represent that the Plan by it participating in separate accounts application for an order exempting a will provide that the exchange of assets registered under the Act, the values of proposed transaction from one or more and liabilities of the Transferor which are invested in shares of the of the prohibitions of section 17(a). The Portfolios for shares of capital stock of Transferor Portfolios through such Commission shall grant such the Acquiring Portfolios shall be separate accounts at the record date. application if evidence establishes that accomplished on the basis of the net Shares of each Transferor Portfolio for the terms of the proposed transaction asset value of the respective Portfolios, which properly executed voting are fair and reasonable and do not and thus the Reorganization will not instruction forms are not received, involve overreaching on the part of any involve dilution of the interests of including shares not attributable to person concerned, and the proposed existing shareholders or variable contracts, will be voted in the transaction is consistent with the policy contractholders. Applicants submit that same proportion as that of shares of of each registered investment company the terms of the proposed transactions such Transferor Portfolio for which concerned and with the general are fair and reasonable and do not instructions are received. Prior to voting purposes of the Act. Applicants seek an involve overreaching on the part of any on the Reorganization, contractholders order of the Commission, pursuant to person concerned. participating in registered separate section 17(b) of the Act, exempting them 7. Applicants represent that the accounts holding shares of the from the provisions of section 17(a) of proposed transactions have been Transferor Portfolios will receive a the Act. reviewed by the Board of Trustees for Notice of Special Meeting of 4. Rule 17a–8 under the Act provides, consistency with the policies of the Shareholders and combined prospectus/ in part, that a merger of registered Transferor Portfolios and the Acquiring proxy statement containing all material investment companies which are Portfolios. Material differences, if any, disclosures, including any material affiliated persons solely by reason of between a Transferor Portfolio and its differences in investment objectives and having a common investment adviser, corresponding Acquiring Portfolio, policies. directors, and/or officers is exempt from including differences in investment

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.034 pfrm03 PsN: 01APN1 15844 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices policies have been reviewed by the SUMMARY OF APPLICATION: Applicants Connecticut Avenue, NW, Washington, Board of Trustees and described in the seek an order approving the substitution DC 20036–5480. prospectus/proxy statement. Applicants of securities issued by the WRL Fund FOR FURTHER INFORMATION CONTACT: state that this is precisely the same and held by the Accounts to support Lorna MacLeod, Attorney, or Susan process followed with respect to certain policies issued by the Olson, Branch Chief, Office of Insurance reorganizations that fit within the Companies (the ‘‘Policies’’). Applicants Products, Division of Investment technical requirements of Rule 17a–8. also seek an order exempting them from Management, at (202) 942–0670. 8. Applicants state that the proposed Section 17(a) of the 1940 Act to the SUPPLEMENTARY INFORMATION: Following transactions are also consistent with the extent necessary to carry out the above- is a summary of the application. The general purposes of the Act as stated in referenced substitution by redeeming complete application is available for a the Findings and Declaration of Policy securities in-kind or partly in-kind and fee from the Commission’s Public in Section 1 of the Act, and that the using the redemption proceeds to Reference Branch, 450 Fifth Street, NW, proposed transactions do not result in purchase securities issued by the Washington, DC 20549 (tel. 202–942– any of the self-dealing abuses that the Endeavor Trust. 8090). Act was designed to prevent. APPLICANTS: PFL Life Insurance 9. Applicants represent that the terms Company (‘‘PLF’’), PLF Endeavor VA Applicants’ Representations of the proposed transactions are Separate Account (the ‘‘Endeavor 1. PFL, a stock life insurance consistent with the provisions, policies Account’’), AUSA Life Insurance company incorporated under the laws of and purposes of the Act in that they are Company, Inc. (‘‘AUSA’’ and together Iowa, is the depositor and sponsor of the reasonable and fair to all parties, do not with PLF the ‘‘Companies’’), AUSA Endeavor Account. PFL is a wholly- involve overreaching, and are consistent Endeavor Variable Annuity Account owned indirect subsidiary of AEGON with the investment objective and (the ‘‘AUSA Account’’ and together with USA, Inc., which is a wholly-owned policies of each Transferor Portfolio and the Endeavor Account the ‘‘Accounts’’), subsidiary of AEGON n.v. of the of each Acquiring Portfolio participating Endeavor Series Trust (the ‘‘Endeavor Netherlands. AEGON n.v. is a holding in the proposed transactions. The Trust’’) and WRL Series Fund, Inc. (the company whose subsidiaries engage participation in the Reorganization by ‘‘WRL Fund’’) (all collectively, the primarily in the insurance business. each portfolio is at respective net asset ‘‘Applicants’’). 2. AUSA, a stock life insurance value, and not on a basis different or FILING DATE: The application was filed company incorporated under the laws of less advantageous than that of other on November 20, 1998, and amended New York, is the depositor and sponsor participants. Contractholders will have and restated on February 16, 1999. of AUSA Account. AUSA is a wholly- the opportunity to provide voting HEARING OR NOTIFICATION OF HEARING: An owned indirect subsidiary of AEGON instructions as to whether the Order granting the application will be USA, Inc. Reorganization should be approved with issued unless the Commission orders a 3.The Endeavor Account is registered respect to each Transferor Portfolio. hearing. Interested persons may request under the Act as a unit investment trust Conclusion a hearing on this application by writing (File No. 811–6032). The assets of the to the Secretary of the Commission and For the reasons stated herein, Endeavor Account support certain serving the Applicants with a copy of Applicants state that the terms of the flexible premium variable annuity the request, personally or by mail. contemplated transactions meet all the policies, and interests in the Endeavor Hearing requests must be received by requirements of section 17(b) of the Act. Account offered through such policies the Commission by 5:30 p.m. on April have been registered under the For the Commission, by the Division of 20, 1999, and should be accompanied Securities Act of 1933 (‘‘1933 Act’’) on Investment Management, pursuant to by proof of service on the Applicants in delegated authority. Form N–4 (File Nos. 33–33085 and 33– the form of an affidavit or, for lawyers, 56908). Thirteen sub-accounts are Margaret H. McFarland, a certificate of service. Hearing requests available under the policies that invest Deputy Secretary. should state the nature of the writer’s exclusively in corresponding portfolios [FR Doc. 99–7958 Filed 3–31–99; 8:45 am] interest, the reason for the request, and of two management investment BILLING CODE 8010±01±M the issues contested. Persons may companies. request notification of a hearing by 4. The AUSA Account is registered writing to the Secretary of the under the Act as a unit investment trust SECURITIES AND EXCHANGE Commission. (File No. 811–8750). The assets of the COMMISSION ADDRESSES: Secretary, Securities and AUSA Account support certain flexible [Rel. No. IC±23764; File No. 812±11412] Exchange Commission, 450 Fifth Street, premium variable annuity policies, and NW, Washington, DC 20549–0609. interests in the AUSA Account offered PFL Life Insurance Company, et al. Applicants, Frank A. Camp, Esquire, through such policies have been March 26, 1999. PFL Life Insurance Company, 4333 registered under 1933 Act on Form N– AGENCY: Securities and Exchange Edgewood Road, NE, Cedar Rapids, 4 (File No. 33–83560). Eleven sub- Commission (the ‘‘Commission’’). Iowa 52499, Vincent J. McGuinnes, Jr., accounts are available under the Endeavor Series Trust, 2101 East Coast policies. The sub-accounts invest in ACTION: Notice of Application for Highway, Suite 300, Corona del Mar, eleven of the thirteen portfolios in Approval and Exemption under the California 92625, Thomas E. Pierpan, which the Endeavor Account policies Investment Company Act of 1940 (the Esquire, WRL Series Fund, Inc., 570 invest. ‘‘1940 Act’’ or ‘‘Act’’). Order requested Carillon Parkway, St. Petersburg, 5. The Endeavor Trust is a diversified pursuant to section 26(b) of the 1940 Florida 33716. Copies to Frederick R. open-end management investment approving the proposed substitution of Bellamy, Esquire, Sutherland Asbill & company, registered on Form N–1A, securities and pursuant to section 17(b) Brennan LLP, 1275 Pennsylvania that offers a selection of managed of the 1940 Act Act exempting the Avenue, NW, Washington, DC 20004– investment portfolios. The following ten proposed transaction from section 17(a) 2415, Robert N. Hickey, Esquire, portfolios are current available to both of the 1940 Act. Sullivan & Worcester LLP, 1025 Accounts: Endeavor Asset Allocation

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Portfolio, Endeavor Money Market 11. PFL and AUSA propose to will transfer the redemption proceeds Portfolio, T. Rowe Price International substitute shares of the Endeavor Janus (securities and cash) to the Endeavor Stock Portfolio, T. Rowe Price Equity Growth Portfolio of the Endeavor Trust Trust, and shares of the Endeavor Janus Income Portfolio, T. Rowe Price Growth for shares of the WRL Growth Portfolio Growth Portfolio of equal value will be Stock Portfolio, Dreyfus Small Cap of the WRL Fund held in the Endeavor issued to the Endeavor and AUSA Value Portfolio, Dreyfus U.S. Account and the AUSA Account. The Accounts. The purpose of transferring Government Securities Portfolio, proposed substitutions will cause all the assets in-kind is to avoid commission Endeavor Value Equity Portfolio, investment options available under the expenses. Endeavor Opportunity Value Portfolio, Policies to be consolidated into one 16. Applicants assert that the and Endeavor Enhanced Index Portfolio. series investment company—the proposed in-kind transfers, including Two additional portfolios—Endeavor Endeavor Trust. the consideration to be paid and Select 50 Portfolio and Endeavor High 12. The Endeavor Janus Growth received, are reasonable and fair and do Yield Portfolio—are available only to Portfolio of the Endeavor Trust was not involve overreaching on the part of the Endeavor Account. created specifically for the proposed any person involved. The transfers will 6. Since January 1, 1999, Endeavor substitutions. The Endeavor Janus be based on the independent market Management Company has been the Growth Portfolio has identical price of the security valued as specified manager of the Endeavor Trust. investment objectives and substantially in paragraph (b) of Rule 17a–7 and the Previously, the manager of the trust had similar investment policies to those of net asset value per share of the been Endeavor Investment Advisers, the WRL Growth Portfolio. Like the Endeavor Janus Growth Portfolio and which was a general partnership WRL Growth Portfolio, it is sub-advised the WRL Growth Portfolio valued in between Endeavor Management by Janus Capital Corporation and pays accordance with procedures disclosed Company and AUSA Financial Markets, an advisory fee of 0.80% of average in the portfolios’ registration statements. Inc. (an affiliate of PFL and AUSA). The daily assets. The WRL Growth Additionally, Applicants assert that the manager contracts with sub-advisers to Portfolio’s total expenses for the year transfers will be effected in a manner provide investment services to the ended December 31, 1997, were 0.87%. consistent with the investment portfolios of the trust. Endeavor Management Company has objectives and policies of the 7. The WRL Fund is a diversified agreed to waive fees and reimburse substituted portfolio. Endeavor open-end management investment expenses that exceed 0.87% of the Management Company and Janus company that is registered on Form N– Endeavor Janus Growth Portfolio’s Capital Corporation will examine the 1A. Of eighteen investment portfolios assets for at least one year. portfolio securities being offered to the 13. By supplements to the Endeavor Janus Growth Portfolio and currently offered by the fund, only prospectuses for the Policies, all owners accept only those securities that could one—the WRL Growth Portfolio—is and prospective owners of the Policies otherwise have been acquired for the available to policies issued from the will be notified of PFL’s and AUSA’s portfolio in a cash transaction. Accounts. intention to take the necessary actions, 17. The proposed substitutions will 8. The investment adviser of the WRL including seeking the order requested take place at relative net asset value Fund is WRL Investment Management, by this application, to substitute with no change in the amount of any Inc., a subsidiary of Western Reserve. portfolios as described. The Policy owner’s cash value or death Western Reserve is a wholly-owned supplements will advise owners and benefit or in the dollar value of his or indirect subsidiary of AEGON USA and, prospective owners that after the date of her investment in any of the Accounts. therefore, an affiliate of PFL and AUSA. the proposed substitution, the Endeavor Policy owners will not incur any WRL Investment Management, Inc. has Janus Growth Portfolio will replace the additional fees or charges as a result of contracted with Janus Capital WRL Growth Portfolio as the underlying the proposed substitutions nor will their Corporation to provide investment investment for such sub-accounts. In rights or PFL’s and AUSA’s obligations services to the WRL Growth Portfolio. addition, the supplements will inform under the Policies be altered in any 9. The Policies reserve to PFL and owners and prospective owners that way. All expenses incurred in AUSA, as applicable, the right, subject neither PFL nor AUSA will exercise any connection with the proposed to Commission approval, to substitute right reserved by it under any of the substitutions, including legal, shares of another open-end management Policies to impose restrictions or fees on accounting and other fees and expenses, investment company or portfolio for transfers until at least thirty days after will be paid by PFL and/or Endeavor shares of an open-end management the proposed substitutions. Management Company. In addition, the investment company held by a sub- 14. Before the date of the proposed proposed substitutions will not impose account of the relevant Account. The substitutions, affected owners will be any tax liability on Policy owners. The Statement of Additional Information for provided with a prospectus (or proposed substitutions will not cause the Endeavor Account policies and the preliminary prospectus) for the the Policy fees and charges currently Prospectus for the AUSA Account Endeavor Janus Growth Portfolio. Thus, paid by existing Policy owners to be policies disclose this right. any owner affected by either greater after the proposed substitutions 10. Currently, an unlimited amount of substitution will have received than before the proposed substitutions. transfers of cash value can be made prospectus disclosure for the Endeavor Neither PFL nor AUSA currently among and between the sub-accounts Janus Growth Portfolio in advance of the impose any restriction or fee on available as investment options under proposed substitutions. transfers under the Policies, and neither the Policies without the imposition of a 15. On the date of the substitution, will exercise any right it may have transfer charge. Transfers are subject to PFL and AUSA, on behalf of the under the Policies to impose restrictions a minimum amount of the lesser of $500 Endeavor Account and the AUSA on transfers under the Policies for a or the entire sub-account value. All the Account, respectively, will redeem period of at least thirty days following Policies reserve to PFL or AUSA, as shares of the WRL Growth Portfolio held the substitution. applicable, the right to restrict transfers, by the Accounts. To the extent practical, 18. Within five business days after the or to charge up to $10 for any transfer redemptions will be effected proposed substitutions any owner who in excess of twelve per Policy year. substantially in-kind. The WRL Fund was affected by the substitutions will be

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.037 pfrm03 PsN: 01APN1 15846 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices sent a written notice stating that the affiliates of each other subject to the each Policy’s prospectus and by making substitutions were carried out and that restrictions of section 17(a). PFl and the Accounts less cumbersome to they may transfer all cash value under AUSA, through various separate administer. a Policy invested in each of the affected accounts, own of record a majority of Conclusion sub-accounts to other available sub- shares of the Endeavor Trust and, along account(s). The notice will reiterate that with Western Reserve, all of the shares Applicants submit that, for all the neither PFL nor AUSA will exercise any of the WRL Fund. In addition, the reasons stated above, the proposed right reserved by it under any of the Endeavor Trust and the WRL Fund may substitutions are consistent with the Policies to impose restrictions or fees on be under the control of (or under protection of investors and the purposes transfers until at least thirty days after common control with) PFL and AUSA. fairly intended by the policy and the proposed substitutions. 4. Section 17(b) provides that the provisions of the Act. Commission may grant an order Legal Analysis For the Commission, by the Division of exempting a proposed transaction Investment Management, pursuant to 1. Section 26(b) of the Act requires the provided: (i) The terms of the proposed delegated authority. depositor of a registered unit investment transaction, including the consideration Margaret H. McFarland, trust holding the securities of a single to be paid or received, are reasonable Deputy Secretary. issuer to obtain Commission approval and fair and do not involve [FR Doc. 99–7957 Filed 3–31–99; 8:45 am] before substituting the securities held by overreaching on the part of any person the trust. Specifically, the section concerned; (ii) the proposed transaction BILLING CODE 8010±01±M provides that ‘‘(i)t shall be unlawful for is consistent with the policy of each any depositor or trustee of a registered registered investment company SECURITIES AND EXCHANGE until investment trust holding the concerned, as recited in its registration COMMISSION security of a single issuer to substitute statement and reports filed under the another security for such security unless Act; and (iii) the proposed transaction is [Rel. No. IC±23763; File No. 81±11464] the Commission shall have approved consistent with the general purposes of such substitution.’’ The section further the Act. Sun Capital Advisers Trust, et. al provides that the Commission shall 5. Applicants request an order March 25, 1999. issue an order approving such pursuant to section 17(b) of the Act AGENCY: Securities and Exchange substitution of the evidence establishes exempting them from section 17(a) of Commission (‘‘SEC’’ or ‘‘Commission’’). that it is consistent with the protection the Act to the extent necessary to carry ACTION: of investors and the purposes fairly out the substitution by redeeming Notice of application for an intended by the policy and provisions of securities in-kind or partly in-kind. order pursuant to section 6(c) of the the Act. Applicants assert that the terms of the Investment Company Act of 1940 2. Applicants request an order proposed substitutions as set forth (‘‘1940 Act’’) granting exemptive relief pursuant to section 26(b) of the 1940 herein, including the consideration to from sections 9(a), 13(a), 15(a) and 15(b) Act approving the substitution. be paid and received, are reasonable and of the 1940 Act and rules 6e–2(b)(15) Applicants assert that the proposed fair to: (1) The Endeavor Trust and the and 6e–3(T)(b)(15) thereunder. substitutions meet the standards that the Endeavor Janus Growth Portfolio, (2) the SUMMARY OF APPLICATION: Applicants Commission and its staff have applied WRL Fund and the WRL Growth seek an order to permit shares of Sun to substitutions that have been approved Portfolio, and (3) policy owners Capital Advisers Trust (‘‘Trust’’) and in the past and are consistent with the invested in the WRL Growth Portfolio; any other similar investment companies protection of investors and the purposes and do not involve overreaching on the that Sun Capital Advisers, Inc. (‘‘Sun fairly intended by the policy and part of any person concerned. Advisers’’ or ‘‘Adviser’’) may in the provisions of the Act. Applicants assert that the proposed future serve or manage as investment 3. Section 17(a)(1) of the Act, in substitution will conform to all the relevant part, prohibits any affiliated adviser, administrator, principal conditions of Rule 17a–7 and each underwriter or sponsor (the Trust and person of a registered investment fund’s procedures thereunder, except company, or any affiliated person of these similar investment companies; the that the consideration paid for securities ‘‘Funds’’), to be sold to and held by: (1) such person, acting as principal, from being purchased or sold may not be knowingly selling any security or other Separate accounts funding variable entirely cash. To the extent that in-kind annuity and variable life insurance property to that company. Section transactions do not comply with the contracts issued by both affiliated life 17(a)(2) of the Act generally prohibits requirements of Rule 17a–7, applicants insurance companies; and (2) qualified any of such affiliated persons, acting as assert that the proposed transactions pension and retirement plans outside of principals, from knowingly purchasing provide the same degree of protection as the separate account context for which any security or other property from the provided by the conditions of the rule. shares of the Funds would be held by registered investment company. The Applicants further assert that the the trustees of those plans (‘‘Qualified transfer of proceeds emanating out of proposed transaction is consistent with Plans’’ or ‘‘Plans’’). the redemption in-kind of shares of the the policy of: (1) the Endeavor Trust and WRL Growth Portfolio and the purchase the Endeavor Janus Growth Portfolio, APPLICANTS: Sun Capital Advisers Trust of shares of the Endeavor Janus Growth and (2) the WRL Fund and the WRL and Sun Capital Advisers, Inc. Portfolio may be deemed to involve the Growth Portfolio, as recited in its FILING DATE: The application was filed purchase and sale of securities between current registration statement and are on January 11, 1999. the WRL Fund and the Endeavor Trust consistent with the general purposes of HEARING OR NOTIFICATION OF HEARING: An or more indirectly between the WRL the 1940 Act. order granting the application will be Fund and the Accounts and between the 6. Applicants assert that consolidating issued unless the SEC orders a hearing. Accounts and the Endeavor Trust. PFL, all investment options for the Policies Interested persons may request a AUSA, the Accounts, the WRL Fund under the Endeavor Trust will result in hearing by writing to the SEC’s and the Endeavor Trust may all be overall benefits to Policy owners, by Secretary and serving applicants with a considered affiliates or affiliates of simplifying the disclosure required in copy of the request, personally or by

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15847 mail. Hearing requests should be would own shares of the Funds are company as the underlying investment received by the Commission by 5:30 referred to as ‘‘participating insurance medium for both variable annuity and p.m. on April 19, 1999, and should be companies.’’ variable life insurance separate accounts accompanied by proof of service on 4. Each participating insurance of the same life insurance company or applicants, in the form of an affidavit or, company will have the legal obligation of any affiliated life insurance company for lawyers, a certificate of service. to satisfy all requirements applicable to is referred to as ‘‘mixed funding.’’ Hearing requests should state the nature it under the federal securities laws in 2. The relief granted by Rule 6e– of the writer’s interest, the reason for the connection with any Variable Contract 2(b)(15) also is not available for a request, and the issues contested. issued by such company. The Funds’ scheduled premium variable life Persons who wish to be notified of a role under this arrangement, so far as insurance separate account that owns hearing may request notification by the federal securities laws are shares of an underlying fund that also writing to the SEC’s Secretary. applicable, will be limited to that of offers its shares to separate accounts ADDRESSES: Secretary, SEC, 450 Fifth offering their shares to separate funding Variable Contracts of one or Street, NW, Washington, DC 20549– accounts of participating insurance more unaffiliated life insurance 0609. Applicants, c/o Peter F. Demuth, companies and fulfilling any conditions companies. The use of a common Esq., Sun Life of Canada, One Sun Life the Commission may impose upon management investment company as the Executive Park, Wellesley Hills, granting the order requested herein. underlying investment medium for 5. The Funds also may offer shares Massachusetts 02481. variable life insurance separate accounts directly to Qualified Plans outside of the of one insurance company and separate FOR FURTHER INFORMATION CONTACT: separate account context. The Funds Laura A. Novack, Senior Counsel, or accounts funding Variable Contracts of propose to offer shares to any Qualified one or more unaffiliated insurance Kevin M. Kirchoff, Branch Chief, Office Plans that can, consistent with of Insurance Products, Division of companies is referred to as ‘‘shared applicable federal income tax law, funding.’’ Investment Management, at (202) 942– invest in the Funds consistent with the 3. Applicants assert that the relief 0670. Funds serving as investment vehicles granted by Rule 6e–2(b)(15) is in no way SUPPLEMENTARY INFORMATION: The for Variable Contracts. following is a summary of the 6. It is anticipated that Qualified affected by the purchase of shares of the application. The complete application Plans may choose a Fund (or any one or Funds by Qualified Plans. However, may be obtained for a fee from the SEC’s more series thereof) as the sole because the relief under Rule 6e– Public Reference Branch, 450 Fifth investment under the Plan or as one of 2(b)(15) is available only if shares are Street, NW, Washington, DC 20549 several investments. Plan participants offered exclusively to separate accounts, ((202) 942–8090). may or may not be given an investment additional exemptive relief is necessary choice among available alternatives, if the shares of the Funds are also to be Applicants’ Representations depending on the Plan itself. Shares of sold to Plans. 1. The Trust is an open-end the Funds sold to Qualified Plans would 4. In connection with the funding of management investment company be held by the trustee(s) of these Plans flexible premium variable life insurance organized as a Delaware business trust, as mandated by section 403(a) of the contracts issued through a Separate registered under the Securities Act of Employee Retirement Income Security Account, Rule 6e–3(T)(b)(15) provides 1933 and the 1940 Act. The Trust Act of 1974, as amended (‘‘ERISA’’). partial exemptions from sections 9, currently consists of three separate Pass-through voting need not be, but 13(a), 15(a) and 15(b) of the 1940 Act. series of shares (‘‘Series’’), each of may be, provided to the participants in The exemptions granted by 6e–3(T) are which has its own investment objectives such Qualified Plans pursuant to ERISA. available only if the Separate Account’s and policies. The Trust may issue underlying fund offers its shares additional classes of shares in the Applicants’ Legal Analysis ‘‘exclusively to separate accounts of the future. 1. In connection with the funding of life insurer, or of any affiliated life 2. Sun Advisers is registered as an scheduled premium variable life insurance company, offering either investment adviser under the insurance contracts issued through scheduled [premium variable life Investment Advisers Act of 1940, as Separate Accounts, Rule 6e–2(b)(15) insurance] contracts or flexible amended, and is the investment adviser provides partial exemptions from [premium variable life insurance] for each Series. sections 9(a), 13(a), 15(a) and 15(b) of contracts, or both, or which also offer 3. The Funds would offer shares of its the 1940 Act. The exemptions granted their shares to variable annuity separate Series to separate accounts registered by Rule 6e–2(b)(15)—are available only accounts of the life insurer or of an under the 1940 Act as unit investment if the management investment company affiliated life insurance company.’’ trusts (‘‘Separate Accounts’’) of multiple underlying the Separate Account (emphasis added). Thus, Rule 6e– affiliated and unaffiliated life insurance (‘‘underlying fund’’) offers its shares 3(T)(b)(15) permits mixed funding for a companies to serve as the investment ‘‘exclusively to variable life insurance flexible premium variable life insurance medium for variable contracts issued by separate accounts of the life insurer, or separate account, subject to certain the life insurance companies. Variable any affiliated life insurance company’’ conditions. However, Rule 6e–3(T) does contracts may include variable annuity (emphasis added). Therefore, the relief not permit shared funding because the contracts and variable life insurance granted by Rule 6e–2(b)(15) is not relief is not available for a flexible contracts (collectively, ‘‘Variable available for a scheduled premium premium variable life insurance Contracts’’). The Funds may in the variable life insurance separate account separate account that owns shares of a future offer their shares to other separate that owns shares of an underlying fund management investment company that accounts that are not registered as that also offers its shares to a variable also offers its shares to separate investment companies under the 1940 annuity or flexible premium variable accounts (including variable annuity Act pursuant to the exceptions from life insurance policy of the same and flexible premium and scheduled registration in sections 3(c)(1) and company or of any affiliated life premium variable life insurance 3(c)(11) of the 1940 Act. Insurance insurance company. The use of a separate accounts) of unaffiliated life companies whose separate accounts common management investment insurance companies.

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5. Applicants assert that the relief to be held by the separate accounts of 11. Applicants state that the partial granted by Rule 6e–3(T) is in no way insurance companies in connection relief granted in Rules 6e–2 and 6e–3(T) affected by the purchase of shares of the with their Variable Contracts. Thus, the from the requirements of section 9 of the Funds by Qualified Plans. However, sale of shares of the same investment 1940 Act limits, in effect, the amount of because the relief under Rule 6e–3(T) is company to separate accounts and monitoring necessary to ensure available only if shares are offered Qualified Plans could not have been compliance with Section 9 to that which exclusively to separate accounts, envisioned at the time of the adoption is appropriate in light of the policy and additional exemptive relief is necessary of Rules 6e–2(b)(15) and 6e–3(T)(b)(15), purposes of that section. Applicants if the shares of the funds are also to be given the then-current tax law. state that there is no regulatory purpose sold to Plans. 8. Accordingly, Applicants request in extending the companies’ monitoring 6. Applicants state that section 817(h) that the Commission issue an order requirements to embrace a full of the Internal Revenue Code of 1986, as pursuant to section 6(c) of the 1940 Act application of Section 9(a)’s eligibility amended (‘‘the Code’’), imposes certain exempting variable life insurance restrictions because of mixed or shared diversification standards on the separate accounts of participating funding. Those individuals who underlying assets of the Variable insurance companies (and, to the extent participate in the management or Contracts held by series of the Funds. necessary, any principal underwriter administration of the Funds will remain The Code provides that a Variable and depositor of such an account) and the same regardless of which separate Contract will not be treated as an the Funds from section 9(a), 13(a), 15(a), accounts or insurance companies use annuity contract or life insurance and 15(b) of the 1940 Act, and sub- the Funds. Applicants assert that contract for any period (and any paragraph (b)(15) of Rules 6e–2 and 6e– applying the monitoring requirements of subsequent period) for which the 3(T) thereunder, to the extent necessary Section 9(a) because of investment by investments of the segregated asset to permit shares of the Funds to be separate accounts of other insurers account on which the Variable Contract offered and sold to, and held by: (a) would be unjustified and would not is based are not adequately diversified, variable annuity and variable life serve any regulatory purpose. in accordance with regulations insurance separate accounts of the same Furthermore, Applicants assert that the prescribed by the Treasury Department. life insurance company or of affiliated increased monitoring costs would These diversification regulations are or unaffiliated life insurance companies, reduce the net rates of return realized by applied by taking into account the assets and (b) Qualified Plans. contract owners. Applicants further of an underlying investment company 9. In general, section 9(a) of the 1940 assert that the relief requested will in no in which the account invests if all of the Act disqualifies any person convicted of way be affected by the proposed sale of beneficial interests in the regulated certain offenses, and any company shares of the Funds to Qualified Plans, investment company are held by certain and that the insulation of the Funds affiliated with that person, from acting designated persons. On March 2, 1989, from those individuals who are or serving in various capacities with the Treasury Department published disqualified under the 1940 Act will respect to a registered investment regulations (Treas. Reg. § 1.817–5) remain intact even if shares of the company. More specifically, section which adopted in final form Funds are sold to Qualified Plans. Since 9(a)(3) provides that it is unlawful for diversification requirements for the the Qualified Plans are not investment any company to serve as an investment investments underlying Variable companies and will not be deemed to be adviser to, or principal underwriter for, Contracts. The regulations provide that, affiliated persons of the participating any registered open-end investment in order to meet the diversification insurance companies solely by virtue of company if an affiliated person of that requirements, all of the beneficial their shareholdings in the Funds, they interests in an underlying regulated company is subject to disqualification are not subject to Section 9(a) and thus investment company must be held by enumerated in sections 9(a)(1) or (2). no additional relief is necessary. the segregated asset accounts of one or 10. Rules 6e–2(b)(15)(i) and (ii) and 12. Subparagraph (b)(15)(iii) of Rules more insurance companies. However, 6e–3(T)(b)(15)(i) and (ii) provide 6e–2 and 6e–3(T) under the 1940 Act the Regulations also contain certain exemptions from section 9(a) under assumes that contract owners are exceptions to this requirement, one of certain circumstances, subject to the entitled to pass-through voting which allows shares in such an limitations discussed above on mixed privileges with respect to investment investment company to be held by the and shared funding. These exemptions company shares held by a separate trustee of a Qualified Plan. Thus, a fund limit the application of the eligibility account. However, subparagraph that serves as an investment vehicle for restrictions to affiliated individuals or (b)(15)(iii) of Rules 6e–2 and 6e–3(T) Variable Contracts may also offer its companies that directly participate in provides exemptions from the pass- shares to certain Qualified Plans the management of the underlying through voting requirement with respect without adversely affecting, for management company. The relief to several significant matters. purposes of the diversification provided by the rules permits a person 13. Subparagraph (b)(15)(iii) of Rules requirements under section 817(h), the disqualified under section 9(a) to serve 6e–2 and 6e–3(T) provides that an ability of shares in the same investment as an officer, director, or employee of insurance company may disregard the company to also be held by the separate the life insurer or its affiliates, so long voting instructions of its contract accounts of insurance companies in as that person does not participate owners with respect to the investments connection with their Variable directly in the management or of an underlying fund that would result Contracts. Treas. Reg. § 1.817–5(f)(3)(iii). administration of the underlying in changes in the subclassification or 7. Applicants state that the investment company. Thus, an insurer investment objectives of the underlying promulgation of Rules 6e–2 and 6e–3(T) shall be eligible to serve as the fund, or with respect to any contract preceded the issuance of the Treasury underlying fund’s investment adviser or between a fund and its investment Regulations which made it possible for principal underwriter, provided that adviser, when an insurance regulatory shares of an investment company to be none of the insurer’s personnel who are authority so requires, subject to certain held by the trustee of a Qualified Plan ineligible pursuant to section 9(a) are requirements. In addition, an insurance without adversely affecting the ability of participating in the management of the company may disregard the voting shares in the same investment company fund. instructions of its contract owners if the

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If a named fiduciary appoints investment adviser (provided that undertaken by the life insurer.’’ an investment manager, the investment disregarding such voting instructions is Applicants assert that in this respect, manager has the responsibility to vote reasonable and complies with the other flexible premium variable life insurance the shares held unless the right to vote provisions of Rules 6e–2 and 6e–3(T)). contracts are identical to scheduled such shares is reserved to the trustees or Voting instructions with respect to a premium variable life insurance the named fiduciary. Where a Qualified change in investment policies may be contracts; and that therefore the Plan does not provide participants with disregarded if the insurance company corresponding provisions of Rule 6e– the right to give voting instructions, makes a good-faith determination that 3(T) undoubtedly were adopted in Applicants do not see any potential for such change would: (a) Violate state recognition of the same factors. material irreconcilable conflicts law; or (b) result in investment that 15. Applicants submit that state between or among contract holders and either would not be consistent with the insurance regulators have much the Plan participants with respect to voting investment objectives of the separate same authority over variable annuity of a Fund’s shares. Accordingly, account, or would vary from the general separate accounts as they have over Applicants assert that unlike the case quality and nature of investments and variable life insurance separate with insurance company separate investment techniques used by other accounts, and that variable annuity accounts, the issue of the resolution of separate accounts of the company or of contracts pose some of the same kinds material irreconcilable conflicts with an affiliated life insurance company of risks to insurers as variable life respect to voting is not present with with similar investment objectives. insurance contracts. Applicants submit respect to Qualified Plans since the Voting instructions with respect to a that while the Commission staff has not Qualified Plans are not required to pass- change in an investment adviser or been called upon to address the general through voting privileges. principal underwriter may be issue of state insurance regulators’ 17. Applicants submit that even if a disregarded if the insurance company authority over variable annuity Qualified Plan were to hold a makes a good-faith determination that: contracts, perhaps this is because the controlling interest in a Fund, (a) The adviser’s fees would exceed the Commission has not developed a single Applicants do not believe that such maximum rate that may be charged comprehensive exemptive rule for control would disadvantage other against the separate account’s assets; (b) variable annuity contracts. investors in the Fund to any greater the proposed adviser may be expected 16. Applicants assert that these extent than is the case when any to employ investment techniques that considerations are no less important or institutional shareholder holds a necessary in connection with mixed and vary from the general techniques used majority of the voting securities of any shared funding. Applicants state that by the current adviser; or (c) the open-end management investment mixed and shared funding does not proposed adviser may be expected to company. In this regard, Applicants compromise the goals of state insurance manage the investments in a manner submit that investment in a Fund by a regulatory authorities or of the that would be inconsistent with the Plan will not create any of the voting Commission. Indeed, Applicants assert investment company’s investment issues occasioned by mixed funding or that by permitting these arrangements, objectives or in a manner that would shared funding. Unlike mixed or shared the Commission eliminates needless funding, Plan participant voting rights result in investments that vary from duplication of start-up and cannot be frustrated by veto rights of certain standards. administrative expenses and facilities insurers or state regulators. While a 14. Applicants state that Rule 6e–2 the growth of underlying fund assets, Qualified Plan may provide participants recognizes that a variable life insurance thereby making effective portfolio with the right to give voting policy is an insurance contract, has management strategies easier to instructions, Applicants assert that there important elements unique to insurance implement and promoting other is no reason to believe that participants contracts and is subject to extensive economies of scale. Applicants further in Qualified Plans generally, or those in state regulation. Applicants maintain state that the sale of Fund shares to a particular Plan, either as a single that in adopting Rule 6e–2(b)(15)(iii), Plans will not have any impact on the group or in combination with the Commission expressly recognized relief requested in this regard. As participants in other Plans, would vote that state insurance regulators have previously noted, shares of the Funds in a manner that would disadvantage authority, pursuant to state insurance will be held by the trustees of the Plans contract owners. In this regard, laws or regulations, to disapprove or as required by section 403(a) of ERISA. Applicants submit that the purchase of require changes in investment polices, Section 403(a) also provides that the shares of Funds by Qualified Plans that investment advisers or principal trustees must have exclusive authority provide voting rights to participants underwriters. Applicants also state that and discretion to manage and control does not present any complications not the Commission expressly recognized the Plan investments with two otherwise occasioned by mixed and that state insurance regulators have exceptions: (a) When the Plan expressly shared funding. authority to require an insurance provides that the trustees are subject to 18. Applicants assert that no company to draw from its general the direction of a named fiduciary who increased conflicts of interest would be account to cover costs imposed upon is not a trustee, in which case the presented by the granting of the the insurance company by a change trustees are subject to proper directions requested relief. Applicants assert that approved by contract owners over the made in accordance with the terms of shared funding by unaffiliated insurance company’s objection. the plan and not contrary to ERISA; and insurance companies should not present Therefore, the Commission deemed (b) when the authority to manage, any issues that do not already exist for exemptions from pass-through voting acquire or dispose of assets of the plan a single insurance company that is requirements necessary ‘‘to assure the is delegated to one or more investment licensed to do business in several or all solvency of the life insurer and the managers pursuant to section 402(c)(3) states. Applicants note that where an performance of its contractual of ERISA. Unless one of the two insurer is licensed to do business in obligations by enabling an insurance exceptions stated in Section 403(a) several or all states, it is possible that a

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.043 pfrm03 PsN: 01APN1 15850 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices particular state insurance regulatory the Fund’s investment objectives, and the Funds as their net asset value. The body could require action that is not to favor or disfavor any particular Qualified Plan will then make inconsistent with the requirements of participating insurer or type of distributions in accordance with the other states in which the insurance insurance product. Applicants assert terms of the Plan, and the life insurance company offers its Variable contracts. that there is no reason to believe that company will make distributions in Applicants submit that this possibility different features of various types of accordance with the terms of the is not significantly different or greater contracts, including the ‘‘minimum Variable Contract. Distributions and than exists where different insurers may death benefit’’ guarantee under certain dividends will be declared and paid by be domiciled in different states. variable life insurance contracts, will the Funds without regard to the 19. Applicants further submit that lead to different investment policies for character of the shareholder. affiliation does not reduce the potential, different types of Variable Contracts. 25. Applicants also state that it is if any exists, for differences in state Applicants state that under existing possible to provide an equitable means regulatory requirements. Affiliated statutes and regulations, an insurance of giving voting rights to Separate insurers may be domiciled in different company and its affiliates can offer a Account Contract owners and to the states and be subject to differing state variety of variable annuity and life trustees of Qualified Plans. Each Fund law requirements. In any event, the insurance contracts, some with death or its agent will inform each conditions (adapted from the conditions benefit guarantees, all funded by a participating insurance company of included in rule 6e–3(T)(b)(15)) single mutual fund. each Separate Account’s ownership of discussed below are designed to 22. Applicants also submit that no Fund shares, as well as inform the safeguard against, and provide one investment strategy can be trustees of Qualified Plans of their procedures for resolving, any adverse identified as appropriate to a particular holdings. Each participating insurance effects that differences among state insurance product. Each pool of company will then solicit voting regulatory requirements may produce. If Variable Contract owners is composed instructions in accordance with Rules a particular state insurance regulator’s of individuals of diverse financial 6e–2 and 6e–3(T). Qualified Plans and decision conflicts with the majority of status, ages, insurance needs and Separate Accounts will each have the other state regulators, the affected investment goals. A Fund supporting opportunity to exercise voting rights insurer will be required to withdraw its even one type of insurance product with respect to their Fund shares, separate account’s investment in the must accommodate these diverse factors although only the Separate Accounts are affected Fund. This requirement will be to attract and retain purchasers. required to pass through their voting provided for in agreements that will be Applicants also assert that permitting rights to contract owners. entered into by participating insurance mixed and shared funding will provide 26. Applicants submit that the ability companies with respect to their economic support for the growth of the of the Funds to sell their respective participation in the Funds Funds and may encourage more shares directly to Qualified Plans does (‘‘participation agreements’’). insurance companies to offer Variable not create a ‘‘senior security,’’ as this 20. Applicants also argue that Contracts. term is defined under Section 18(g) of affiliation does not eliminate the 23. As noted above, section 817(h) of the 1940 Act, with respect to any potential, if any exists, for divergent the Code imposes certain diversification Variable Contract owner as opposed to judgments as to the advisability or standards on the assets underlying a participant in a Qualified Plan. legality of a change in investment variable annuity contracts and variable Regardless of the rights and benefits of policies, principal underwriter, or life insurance contracts held in the participants in the Qualified Plans, or investment adviser initiated by contract portfolios of management investment Variable Contract owners, the Qualified owners. Potential disagreement is companies. Treasury Regulation Plans and the Separate Accounts have limited by the requirement that § 1.817–5(f)(3)(iii), which established rights only with respect to their disregarding voting instructions be diversification requirements for such respective shares of the Funds. They can reasonable and based on specific good portfolios, specifically permits only redeem such shares at their net faith determinations. However, if an ‘‘qualified pension or retirement plans’’ asset value. No shareholder of any of the insurer’s decision to disregard contract and separate accounts to invest in the Funds will have any preference over owner voting instructions represents a same underlying management any other shareholder with respect to minority position or would preclude a investment company. Therefore, distribution of assets or payments of majority vote, such insurer may be Applicants assert that neither the Code, dividends. required, at a Fund’s election, to nor the Treasury regulations, nor the 27. Applicants state that there are no withdraw its separate account’s revenue rulings thereunder, present any conflicts between the contract owners of investment in the Fund, and no charge inherent conflicts of interest if Qualified the Separate Accounts and participants or penalty will be imposed as a result Plans, variable annuity separate in the Qualified Plans with respect to of such a withdrawal. This requirement accounts and variable life separate the state insurance commissioners’ veto will be provided for in the Fund’s accounts all invest in the same power over investment objectives. The participation agreement. management investment company. state insurance commissioners have 21. Applicants submit that there is no 24. Applicants note that while there been given the veto power in reason why the investment policies of may be differences in the manner in recognition of the fact that insurance the Funds would or should be which distributions from variable companies usually cannot simply materially different from what these annuity contracts, variable life redeem their separate accounts out of policies would or should be if the Funds insurance contracts and Qualified Plans one fund and invest in another. Time- funded only variable annuity contracts are taxed, the tax consequences do not consuming, complex transactions must or variable life insurance contracts, raise any conflicts of interest. When be undertaken to accomplish these whether flexible premium or scheduled distributions are to be made, and the redemptions and transfer. On the other premium contracts. Each type of Separate Account or Qualified Plan hand, trustees of Qualified Plans can insurance product is designed as a long- cannot net purchase payments to make make the decision quickly and term investment program. Each Fund the distributions, the Separate Account implement the redemption of their will be managed to attempt to achieve or Qualified Plan will redeem shares of shares from the Funds and reinvest in

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Based on the foregoing, (each a ‘‘Board’’) of each of the Funds whenever contract owner voting Applicants represent that even if will consist of persons who are not instructions are disregarded and, if pass- conflicts of interest arise between ‘‘interested persons’’ of the Funds, as through voting is applicable, an Variable Contract owners and Qualified defined by section 2(a)(19) of the 1940 obligation by each Qualified Plan that is plans, the issue can be almost Act and the rules thereunder and as a Participating Party to inform the Board immediately resolved because the modified by any applicable orders of the whenever it has determined to disregard trustees of the Qualified Plans can, on Commission. However, if this condition Plan participant voting instructions. The their own initiative, redeem their Fund is not met by reason of the death, responsibility to report such shares. disqualification, or bona fide resignation information and conflicts and to assist 28. Applicants assert that various of any trustee(s), then the operation of the Board will be a contractual factors have limited the number of this condition shall be suspended: (a) obligation of all Participating Parties insurance companies that offer variable For a period of 45 days, if the vacancy under their participating agreements annuities and variable life insurance or vacancies may be filed by the Board; and these agreements will be carried out policies. Applicants state that these (b) for a period of 60 days, if a vote of with a view only to the interests of the factors include the costs of organizing shareholders is required to fill the contract owners and Qualified Plan and operating investment vehicles, the vacancy or vacancies; or (c) for such participants. lack of expertise with respect to longer period as the Commission may 4. If it is determined by a majority of investment management ([principally prescribe by order upon application. the Board of a Fund, or a majority of its with respect to stock and money market 2. The Board will monitor the Funds disinterested trustees, that a material investments), and the lack of name for the existence of any material irreconcilable conflict exists, the recognition by the public of certain irreconcilable conflict between the relevant Participating Parties will, at insurers as investment experts. interests of the contract owners of all their expense and to the extent Applicants assert that use of the Funds Separate Accounts investing in the reasonably practicable (as determined as common investment medium for Funds and all other persons investing in by a majority of the disinterested Variable Contracts would help alleviate the Funds, including Qualified Plans, trustees), take whatever steps are these concerns, because participating and determine what action, if any, necessary to remedy or eliminate the insurance companies will benefit not should be taken in response to these material irreconcilable conflict. These only from the investment and conflicts. A material irreconcilable steps may include: (a) Withdrawing the administrative expertise of the Adviser, conflict may arise for a variety of assets allocable to some or all of the but also from the cost efficiencies and reasons, including: (a) An action by any Separate Accounts of the participating investment flexibility afforded by state insurance regulatory authority; (b) insurance companies from the affected pooling assets for multiple Variable a change in applicable federal or state Fund or any series thereof and Contracts and insurance companies in a insurance, tax or securities laws or reinvesting these assets in a different single underlying Fund. Therefore, regulations, or a public ruling, private investment medium (including another Applicants assert, making the Funds letter ruling, no-action or interpretive series, if any, of such Fund) or available should result in increased letter, or any similar action by submitting the question of whether such competition with respect to both insurance, tax, or securities regulatory segregation should be implemented to a Variable Contract design and pricing, authorities; (c) an administrative or vote of all affected contract owners and, which can be expected to result in more judicial decision in any relevant as appropriate, segregating the assets of product variation and lower charges. proceeding; (d) the manner in which the any appropriate group (i.e., annuity 29. Applicants also submit that mixed investments of any series of the Funds contract owners, life insurance contract and shared funding should provide are being managed; (e) a difference in owners, or variable contract owners of benefits to Variable Contract owners by voting instructions given by variable one or more participating insurance eliminating a significant portion of the annuity contract owners, variable life companies) that votes in favor of such costs of establishing and administering insurance contract owners and Plan segregation, or offering to the affected separate underlying funds. Furthermore, trustees; (f) a decision by an insurer to contract owners the option of making the sale of shares of the Funds to disregard the voting instructions of such a change; (b) withdrawing the Qualified Plans should result in an contract owners; or (g) if applicable, a assets allocable to some or all of the increased amount of assets available for decision by a Qualified Plan to participating Qualified Plans from the investment by the Funds. This may disregard voting instructions of Plan relevant Fund and reinvesting those benefit Variable Contract owners by participants. assets in a different investment medium; promoting economies of scale, by 3. Participating insurance companies and (c) establishing a new registered permitting increased safety through and any Qualified Plan that executes a management investment company or greater diversification, or by making the participation agreement with a Fund managed separate account. If a material addition of new series more feasible. (collectively, ‘‘Participating Parties’’) irreconcilable conflict arises because of Applicants further believe that the sale and the Adviser will report any an insurer’s decision to disregard of the Funds to Qualified Plans does not potential or existing conflicts of which contract owner voting instructions and increase the risk of material it becomes aware to the Board of the that decision represents a minority irreconcilable conflicts to the Funds or relevant Fund. Participating Parties and position or would preclude a majority the participating Separate Accounts. the Adviser will be responsible for vote, the insurer may be required, at the 30. Applicants assert that they believe assisting the Board in carrying out its Fund’s election, to withdraw its that mixed and shared funding will responsibilities under these conditions, Separate Account’s investment in the have no adverse federal income tax by providing the Board with all Fund, and no charge or penalty will be consequences. information reasonably necessary for the imposed as a result of the withdrawal.

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The responsibility of taking remedial will be a contractual obligation of all data to the Boards will be a contractual action in the event of a Board participating insurance companies obligation of all Participating Parties determination of a material under their participating agreements. under the participation agreements. irreconcilable conflict and to bear the Each participating insurance company 11. All reports received by a Board of cost of such remedial action will be a will vote Fund shares held by Separate potential or existing conflicts, and all contractual obligation of all Accounts for which it has not received Board action with regard to determining Participating Parties under their voting instructions, as well as shares the existence of a conflict, notifying the participation agreements and these attributable to it, in the same proportion Adviser or Participating Parties of a responsibilities will be carried out with as it votes shares for which it has conflict, and determining whether any a view only to the interests of the received voting instructions. Each proposed action adequately remedies a contract owners and participants in Qualified Plan will vote as required by conflict, will be properly recorded in Qualified Plans, as applicable. applicable law and governing Plan the minutes of the Board or other 5. For the purposes of condition 4, a documents. appropriate records, and these minutes majority of the disinterested members of 8. Each Fund will comply with all or other records will be made available the Board of the affected Fund will provisions of the 1940 Act requiring to the Commission upon request. determine whether or not any proposed voting by shareholders (which, for these 12. If and to the extent Rule 6e–2 and action adequately remedies any material purposes, will be the persons having a Rule 6e–3(T) are amended, or Rule 6e– irreconcilable conflict, but in no event voting interest in the Fund’s shares). In 3 is adopted, to provide exemptive relief will the Fund or the Advisor be required particular each Fund will either provide from any provision of the 1940 Act or to establish a new funding medium for for annual meetings (except insofar as the rules thereunder with respect to any Variable Contract or Qualified Plan. the Commission may interpret section mixed or shared funding on terms and No participating insurance company 16 not to require such meetings) or, if conditions materially different from will be required by condition 4 to annual meetings are not held, comply those of any exemptions granted in the establish a new funding medium if an with section 16(c) of the 1940 Act order requested in the Application, then offer to do so has been declined by a (although the Trust is not, and the the Funds and/or the Participating vote of a majority of contract owners Funds may not be, one of the trusts Parties, as appropriate, shall take such materially adversely affected by the described in section 16(c) of the 1940 steps as may be necessary to comply material irreconcilable conflict. No Act), as well as sections 16(a) and, if with Rule 6e–2 and Rule 6e–3(T), as Qualified Plan will be required by and when applicable, 16(b). Further, the amended, and Rule 6e–3, as adopted, to condition 4 to establish a new funding Funds will act in accordance with the the extent these rules are applicable. medium for the Plan if: (a) a majority of Commission’s interpretation of the 13. In the event that a Qualified Plan Plan participants materially and requirements of Section 16(a) with should ever become an owner of 10% or adversely affected by the material respect to periodic elections of Trustees more of the assets of a Fund, such irreconcilable conflict vote to decline and with whatever rules the Qualified Plan will execute a the offer; or (b) pursuant to governing Commission may promulgate with participation agreement with the Fund. Plan documents and applicable law, the respect thereto. A Qualified Plan will execute a Plan makes the decision without a vote 9. The Funds will notify all certification containing an of Plan participants. participating insurance companies that acknowledgment of this condition at the 6. A Board’s determination of the prospectus disclosure regarding time of its initial purchase of shares of existence of a material irreconcilable potential risks of mixed and shared each Fund. conflict and its implications will be funding may be appropriate. A Fund Conclusion made known promptly in writing to the will disclose in its prospectus that: (a) Adviser and all Participating Parties. Shares of the Fund are offered to For the reasons summarized above, 7. As to Variable Contracts issued by insurance company separate accounts Applicants assert that the requested Separate Accounts, participating offered by various participating exemptions are appropriate in the insurance companies will provide pass- insurance companies which fund both public interest and consistent with the through voting privileges to all contract annuity and life insurance contracts and protection of investors and the purposes owners so long as and to the extent that to Qualified Plans; (b) due to differences fairly intended by the policy and the Commission continues to interpret in tax treatment or other considerations, provisions of the 1940 Act. the 1940 Act to require pass-through the interests of various contract owners For the Commission, by the Division of voting privileges for Variable Contract participating in the Fund and the Investment Management, pursuant to owners. As to Variable Contracts issued interests of Qualified Plans investing in delegated authority. by unregistered separate accounts, pass- the Fund might at some time conflict; Margaret H. McFarland, through voting privileges will be and (c) the Board will monitor for any Deputy Secretary. extended to participants to the extent material conflicts and determine what [FR Doc. 99–7956 Filed 3–31–99; 8:45 am] granted by the issuing insurance action, if any, should be taken. BILLING CODE 8010±01±M company. Participating insurance 10. No less than annually, the companies will be responsible for Participating Parties and/or the Adviser assuring that each of their registered will submit to the Boards such reports, SECURITY AND EXCHANGE Separate Accounts participating in a materials or data as each Board may COMMISSION Fund calculate voting privileges as reasonably request so that the Boards instructed by a Fund with the objective may carry out fully the obligations [Docket No. IC±23765] that each such participating insurance imposed upon them by the conditions Notice of Application for Deregistration company calculate voting privileges in a contained in the Application. These under Section 8(f) of the Investment manner consistent with other reports, materials and data shall be Company Act of 1940 participating insurance companies. The submitted more frequently if deemed obligation to calculate voting privileges appropriate by the Boards. The March 26, 1999. in a manner consistent with all other obligations of the Participating Parties to The following is a notice of Separate Accounts investing in a Fund provide these reports, materials and applications for deregistration under

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.047 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15853 section 8(f) of the Investment Company Applicant’s Address: 222 South Oppenheimer Time Fund [File No. 811– Act of 1940 for the month of March Riverside Plaza, Chicago, IL 60606– 2171] 1999. A copy of each application may be 5808. obtained for a fee at the SEC’s Public Summary: Applicant seeks an order Kemper Government Money Market Reference Branch, 450 Fifth St., N.W., declaring that it has ceased to be an Fund [File No. 811–3316] Washington, DC 20549–0102 (tel. 202– investment company. On June 23, 1995, 942–8090). An order granting each Summary: Applicant seeks an order applicant transferred all of its assets to application will be issued unless the declaring that it has ceased to be an Oppenheimer Target Fund (‘‘Target SEC orders a hearing. Interested persons investment company. On November 14, Fund’’), in exchange for shares of Target may request a hearing on any 1986, applicant was reorganized into the Fund, based on the relative net asset application by writing to the SEC’s Government Securities Portfolio of values per share. Expenses of Secretary at the address below and Kemper Money Market Fund (now approximately $37,326 incurred in serving the relevant applicant with a Zurich Money Funds) and transferred connection with the reorganization were copy of the request, personally or by all of its assets and liabilities to the paid equally by applicant and the Target mail. Hearing requests should be Government Securities Portfolio in Fund. received by the SEC by 5:30 p.m. on exchange for shares based on net asset Filing Dates: The application was April 20, 1999, and should be value per share. Expenses incurred in filed on November 20, 1998, and accompanied by proof of service on the connection with the reorganization were amended on March 12, 1999. $30,000 and were borne by applicant. applicant, in the form of an affidavit or, Applicant’s Address: Two World for lawyers, a certificate of service. Filing Dates: The application was filed on December 10, 1997, and Trade Center, New York, New York Hearing requests should state the nature 10048–0203. of the writer’s interest, the reason for the amended on February 16, 1999. request, and the issues contested. Applicant’s Address: 222 South SBSF Funds, Inc. (dba Key Mutual Persons who wish to be notified of a Riverside Plaza, Chicago, IL 60606– Funds) [File No. 811–3792] hearing may request notification by 5808. writing to the Secretary, SEC, 450 Fifth Summary: Applicant seeks an order Kemper New York Tax-Free Fund [File declaring that it has ceased to be an Street, N.W., Washington, DC 20549– No. 811–4411] 0609. For Further Information Contact: investment company. By March 23, Diane L. Titus, at (202) 942–0564, SEC, Summary: Applicant seeks an order 1998, each of applicant’s eight series Division of Investment Management, declaring that it has ceased to be an had transferred all of their assets and Office of Investment Company investment company. Applicant was liabilities to corresponding series of The Regulation, Mail Stop 5–6, 450 Fifth reorganized as the New York Portfolio, Victory Portfolios (the ‘‘Company’’) in Street, N.W., Washington, DC 20549– a series of Kemper State Tax-Free exchange for shares of the Company 0506. Income Fund, and, on July 27, 1990, based on the relative net asset values. transferred all of its assets and liabilities Approximately $107,000 in expenses Kemper Gold Fund [File No. 811–6334] to the New York Portfolio in exchange were incurred in connection with the for shares based on net asset value per reorganization and were paid by Summary: Applicant seeks an order share. Expenses incurred in connection KeyCorp, a holding company affiliated declaring that it has ceased to be an with the reorganization were $30,000 with Key Asset Management Inc., the investment company. On July 31, 1991, and were borne by applicant. investment adviser for applicant and the applicant made a liquidating Filing Dates: The application was Company. distribution to its shareholders at net filed on December 10, 1997, and Filing Dates: The application was asset value per share. Expenses incurred amended on February 16, 1999. filed on December 8, 1998, and in connection with the liquidation were Applicant’s Address: 222 South amended on March 8, 1999. $7,000 and were borne by applicant and Riverside Plaza, Chicago, IL 60606– Kemper Financial Services, Inc., the 5808. Applicant’s Address: 3435 Stelzer applicant’s investment adviser. Road, Columbus, Ohio 43219. Dean Witter Retirement Series [File No. Filing Dates: The application was 811–6682] Dean Witter Global Asset Allocation filed on December 10, 1997, and Fund [File No. 811–7233] amended on February 16, 1999. Summary: Applicant seeks an order Applicant’s Address: 222 South declaring that it has ceased to be an Summary: Applicant seeks an order Riverside Plaza, Chicago, IL 60606. investment company. By September 14, declaring that it has ceased to be an 1998, each of applicant’s eleven series investment company. On September 21, Kemper Environmental Services Fund had transferred all of its assets and 1998, applicant transferred its assets [File No. 811–6060] liabilities to a corresponding series of and liabilities to Morgan Stanley Dean Morgan Stanley Dean Witter Funds, Witter Strategist Fund (‘‘Strategist’’), in Summary: Applicant seeks an order based on the relative net asset value per declaring that it has ceased to be an exchange for shares of Strategies based share. Expenses of approximately on the relative net asset values. investment company. On August 26, $948,163 were incurred in connection 1994, applicant transferred all of its Expenses of approximately $88,000 with the reorganization and were borne were incurred in connection with the assets, less reserves for debt, to the by Morgan Stanley Witter Advisors Inc., Kemper Technology Fund in exchange reorganization and were paid by the investment adviser of applicant and applicant. for Class A shares based on net asset each acquiring fund. value per share. Expenses incurred in Filing Dates: The application was Filing Dates: The application was connection with the merger were filed on November 25, 1998, and filed on January 19, 1999, and amended $28,000 and were borne by applicant. amended on March 5, 1999. on March 19, 1999. Filing Dates: The application was Applicant’s Address: Two World Applicant’s Address: Two World filed on December 10, 1997, and Trade Center, New York, New York Trade Center, New York, New York amended on February 16, 1999. 10048. 10048.

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Van Kampen Small Capitalization Fund Securities and Exchange Commission board of directors from thirteen to [File No. 811–6421] (‘‘Commission’’) an application fifteen, which allows two additional Summary: Applicant seeks an order pursuant to Section 19(a) of the participants to be represented MBSCC’s Securities Exchange Act of 1934 board.10 declaring that it has ceased to be an 2 investment company. On February 12, (‘‘Act’’) requesting that the Commission MBSCC has functioned effectively as grant MBSCC permanent registration as 1999, applicant made a liquidating a registered clearing agency for over ten a clearing agency under Section 17A of distribution to its sole shareholder. years. Accordingly, in light of MBSCC’s the Act or in the alternative extend Expenses of approximately $450 past performance and the need for MBSCC’s temporary registration until incurred in connection with the continuity of the services MBSCC permanent registration is granted.3 liquidation were paid by Van Kampen provides to its participants, the Because MBSCC’s current temporary Investments Inc., the holding company Commission believes that it is necessary registration expires on March 31, 1999, of applicant’s adviser. and appropriate in the public interest the Commission is extending MBSCC’s Filing Dates: The application was and for the prompt and accurate temporary registration as a clearing filed on March 4, 1999. Applicant has clearance and settlement of securities agency through March 31, 2000, while agreed to file an amendment during the transactions to extend MBSCC’s the Commission completes its review of temporary registration through March notice period. MBSCC’s application for permanent Applicant’s Address: 1 Parkview 31, 2000. During this temporary registration. The Commission is registration period, the Commission Plaza, P.O. Box 5555, Oakbrook Terrace, publishing this notice and order to Illinois 60181. anticipates that it will act on MBSCC’s solicit comments from interested application for permanent registration. The Cardinal Group [File No. 811– persons and to extend MBSCC’s Any comments received during 7588] temporary registration as a clearing MBSCC’s temporary registration will be agency through March 31, 2000. Summary: Applicant seeks an order considered in conjunction with the On February 2, 1987, the Commission Commission’s review of MBSCC’s declaring that it has ceased to be an granted MBSCC’s application for investment company. On September 19, request for permanent registration as a registration as a clearing agency clearing agency under Section 17A of 1998, applicant transferred the assets 4 pursuant to Sections 17A(b) and the Act.11 and liabilities of its six series to 19(a)(1)5 of the Act and Rule 17Ab2– corresponding series of Fountain Square 1(c)6 thereunder for a period of eighteen Solicitation of Comments Funds in exchange for shares of the months.7 Subsequently, the Commission Interested persons are invited to corresponding acquiring fund based on has extended MBSCC’s temporary net asset value. Expenses of submit written data, views, and registration as a clearing agency several arguments concerning the foregoing, approximately $550,000 were incurred times with the most current extension in connection with the reorganization including whether the proposed rule extending MBSCC’s temporary change is consistent with the Act. and were paid by Fifth Third Bank, the registration through March 31, 1999.8 investment adviser to the acquiring Persons making written submissions As discussed in detail in the original should file six copies thereof with the funds. order granting MBSCC ’s registration, Filing Dates: The application was Secretary, Securities and Exchange one of the primary reasons for MBSCC’s Commission, 450 Fifth Street, NW., filed on March 5, 1999. Applicant has registration was to enable it to provide agreed to file an amendment during the Washington, DC 20549. Copies of the for the safe and efficient clearance and submission, all subsequent notice period. settlement of transactions in mortgage- Applicant’s Address: 155 East Broad amendments, all written statements backed securities. Since its original with respect to the request for Street, Columbus, Ohio 43215. temporary registration order, MBSCC permanent registration as a clearing has implemented many improvements For the Commission, by the Division of agency that are filed with the and continues to work towards Investment Management, pursuant to Commission, and all written delegated authority. enhancing the safety and efficiency of communications relating to the its operations. For example, during the Margaret H. McFarland, extension between the Commission and past year, MBSCC modified its rules to Deputy Secretary. any person, other than those that may be strengthen its processes for liquidating [FR Doc. 99–8063 Filed 3–31–99; 8:45 am] withheld from the public in accordance open trades when MBSCC ceases to act BILLING CODE 8010±01±M with the provisions of 5 U.S.C. 552, will for a participant.9 In addition, MBSCC be available for inspection and copying increased the number of directors on its in the Commission’s Public Reference SECURITIES AND EXCHANGE Section, 450 Fifth Street, NW., COMMISSION 2 15 U.S.C. 78s(a). 3 15 U.S.C. 78q–1. Washington, DC 20549. Copies of such [Release No. 34±41211; File No. 600±22] 4 15 U.S.C. 78q–1(b). filing also will be available for 5 15 U.S.C. 78s(a)(1). inspection and copying at the principal Self-Regulatory Organizations; MBS 6 17 CFR 240.17Ab2–1(c). office of MBSCC. All submissions Clearing Corporation; Notice of Filing 7 Securities Exchange Act Release No. 24046 should refer to File No. 600–22. and Order Granting Approval of (February 2, 1987), 52 FR 4218. 8 Securities Exchange Act Release Nos. 25957 Conclusion Extension of Temporary Registration (August 2, 1988), 53 FR 29537; 27079 (July 31, as a Clearing Agency 1989), 54 FR 34212; 28492 (September 28, 1990), 55 On the basis of the foregoing, the FR 41148; 29751 (September 27, 1991), 56 FR Commission finds the extending Marach 24, 1999. 50602; 31750 (January 21, 1993), 58 FR 6424; 33348 MBSCC’s temporary registration as a On March 11, 1999, the MBS Clearing (December 15, 1993), 58 FR 68183; 35132 clearing agency is consistent with the 1 (December 21, 1994), 59 FR 67743; 37372 (June 26, Corporation (‘‘MBSCC’’) filed with the 1996), 61 FR 35281; 38784 (June 27, 1997) 62 FR 36587; and 39776 (March 20, 1998) 63 FR 14740. 10 Securities Exchange Act Release No. 41104 1 Letter from Anthony H. Davidson, Managing 9 Securities Exchange Act Release No. 39747 (December 5, 1997), 62 FR 65466 [File No. FR– Director and General Counsel, MBSCC (March 11, (March 13, 1999), 63 FR 13712 [File No. FR– MBSCC–98–03]. 1999). MBSCC–97–10]. 11 15 U.S.C. 78q–1.

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Act and in particular with Section 17A issuer of its intent to act as remarketing changes.10 amendment No. 2 revises this of the Act.12 agent on an issue of securities prior to proposal to require that a dealer that has It is therefore ordered, pursuant to beginning work on that issue. In a financial advisory relationship with an Section 19(a) of the Act, that MBSCC’s response, the MSRB stated that financial issuer with respect to a new issue of temporary registration as a clearing advisors may not know at the beginning municipal securities, prior to acting as agency (File No. 600–22) be, and hereby stage of work on an issue whether the a remarketing agent for that issue, is, extended through March 31, 2000. issue will be long or short term and disclose in writing to the issuer that For the Commission by the Division of whether it will be available to act as a there may be a conflict of interest in Market Regulation, pursuant to delegated remarketing agent for the issue when it acting as both financial advisor and authority.13 is remarketed.7 The Commission remarketing agent for the securities with Margaret H. McFarland, believes the proposal provides the respect to which the financial advisory Deputy Secretary. issuer with sufficient information and relationship exists and disclose the [FR Dos. 99–8064 Filed 3–31–99; 8:45 am] time to select a suitable remarketing source and basis of the remuneration the BILLING CODE 8010±01±M agent. For these reasons and those set dealer could earn as remarketing agent forth below, this order approves the on such issue. This written disclosure to proposed rule change, as amended. the issuer can be in a separate writing provided to the issuer prior to the SECURITIES AND EXCHANGE II. Description of the Proposal COMMISSION execution of the remarketing agreement Rule G–23,8 on activities of financial or the disclosure can be in the [Release No. 34±41217; File No. SR±MSRB± advisors, establishes disclosure and remarketing agreement. The issuer must 97±16] other requirements for dealers that act expressly acknowledge in writing to the as financial advisors to issuers of Self-Regulatory Organizations; Order broker, dealer, or municipal securities municipal securities. The rule is Approving Proposed Rule Change by dealer receipt of such disclosure and designed principally to minimize the the Municipal Securities Rulemaking consent to the financial advisor acting prima facie conflict of interest that Board Relating to Activities of in both capacities and to the source and exists when a dealer acts as both Financial Advisors basis of the remuneration. If the financial advisor and underwriter with disclosure is made prior to the March 26, 1999. respect to the same issue of municipal execution of the remarketing agreement, securities. Specifically, Rule G–23 I. Introduction the amount of the specific fee paid by requires a financial advisor to alert the the issuer to the remarketing agent still On December 23, 1997, the Municipal issuer to the potential conflict of interest may be negotiated in the remarketing Securities Rulemaking Board (‘‘Board’’ that might lead the dealer to act in its agreement. If the disclosure is made in or ‘‘MSRB’’), submitted to the Securities own best interest as underwriter rather the remarketing agreement, the dealer and Exchange Commission than the issuer’s best interest.9 will have negotiated the amount of its (‘‘Commission’’ or ‘‘SEC’’), pursuant to In certain instances, some financial fee with the issuer. Section 19(b)(1) of the Securities advisors also have acted as remarketing Exchange Act of 1934 (‘‘Act’’) 1 and Rule agents for issues on which they advised III. Discussion 19b-4 thereunder,2 a proposed rule the issuer. To address this situation and The Commission believes that the change relating to activities of financial its potential conflict of interest, a proposed rule change is consistent with advisors. The Board filed Amendments proposed rule change was filed to the requirements of the Act and the No. 1 3 and No. 2 4 to the proposed rule require a financial advisor, prior to rules and regulations thereunder.11 In change on April 16, 1998 and January entering into a remarketing agreement particular, the Commission finds that 14, 1999, respectively. The proposed for an issue on which it advised the the proposed rule change is consistent rule change, as amended, was published issuer, to disclose in writing to the with Section 15B(b)(2)(C) 12 of the Act. for comment in the Federal Register on issuer the terms of the remuneration the Section 15B(b)(2)(C) of the Act requires, February 23, 1999.5 financial advisor could earn as among other things, that the rules of the The Commission received one remarketing agent on such issue and Board be designed to prevent fraudulent comment letter on the proposal.6 the that there may be a conflict of interest and manipulative acts and practices, to commenter objected to the proposed in changing from the capacity of promote just and equitable principles of rule change because it does not require financial advisor to remarketing agent. trade, to remove impediments to and the financial advisor to inform the The proposed rule change also required perfect the mechanism of a free and that the financial advisor receive the open market, and, in general, to protect 12 15 U.S.C. 78q–1. issuer’s acknowledgment in writing of investors and the public interest. 13 17 CFR 200.30–3(a)(50)(i). receipt of such disclosures. Under the Specifically, the Commission believes 1 15 U.S.C. 78s(b)(1). proposal, when these requirements are the proposed rule change will prevent 2 17 CFR 240.19b-4. met, a dealer acting as financial advisor fraudulent and manipulative acts and 3 Amendment No. 1 made certain technical for an issue also could serve as practices and promote just and equitable changes are revised statements concerning comments received on the draft amendment remarketing agent for that issue. principles of trade by requiring a dealer published by the Board for comment from its Commission staff requested that the that has a financial advisory members. proposed rule change be revised to 4 After discussion with Commission staff, the include a provision requiring issuer 10 See supra note 4. MSRB filed Amendment No. 2 to revise the consent to the dealer’s dual role, along 11 In reviewing this proposal, the Commission has language of Rule G–23 to address certain disclosure with certain other technical language considered the proposed rule’s impact on and consent issues raised by the proposed rule efficiency, competition, and capital formation. The change. proposed rule change should improve efficiency 5 See Exchange Act Release No. 41053 (Feb. 12, 7 Letter from Ronald W. Smith, Senior Legal and competition because it prevents all municipal 1999, 64 FR 8894. Associate, MSRB, to Sonia Patton, Attorney, SEC, securities dealers from acting as both financial 6 Letter from Robert E. Donovan, Executive dated March 22, 1999. advisor and remarketing agent with respect to a new Director, Rhode Island Health and Educational 8 MSRB Manual, General Rules, Rule G–23 (CCH) issue of securities without first obtaining the Building Corporation, to Secretary, SEC, dated ¶3611. issuer’s consent. 15 U.S.C. 78f(b)(7). March 15, 1999. 9 See supra note 8. 12 15 U.S.C. 78o–4(b)(2)(C).

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15856 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices relationship with an issuer of securities, rule change.3 In Amendment No. 1, the A. Self-Regulatory Organization’s prior to acting as remarketing agent for Exchange designated the portion of the Statement of the Purpose of, and the issuer’s securities, to disclose in proposed rule change dealing with Statutory Basis for, the Proposed Rule writing to the issuer that there may be customer transaction charges as Change conflict of interest and the source and constituting a ‘‘non-controversial’’ rule 1. Purpose basis of the remuneration the dealer change under Rule 19b–4(f)(6) under the The Exchange proposes four changes expects to earn as remarketing agent. Act,4 which renders the part of the to its Schedule of Fees an Charges for This will enable the issuer to assess the proposal effective upon receipt of this conflict of interest, and decide if it 5 Exchange Services by reducing its filing by the Commission. The customer transaction charges, increasing wishes to proceed or take other action. Commission is publishing this notice to The Commission believes the proposed its Market Maker transaction charges solicit comments on the proposed rule and fees, reducing its LMM Book rule change further prevents fraudulent change from interested persons. and manipulative acts and practices by transaction charges, and increasing its requiring the issuer’s consent to the I. Self-Regulatory Organization’s Member dues. dealer acting as remarketing agent and Statement of the Terms of Substance of Customer Charges. Currently, for manual transactions, the Exchange to the source and basis of remuneration. the Proposed Rule Change The Commission believes this charges its customers $0.15 per contract requirement will enhance the likelihood The Exchange is proposing to change side for premiums less than one dollar that a financial advisor who wishes to its Schedule of Fees and Charges for and $0.35 per contract side for act as remarketing agent for an issue on Exchange Services as discussed below. premiums one dollar or greater. For which it advised the issuer acts in the The text of the proposed rule change is block transactions with premiums one issuer’s best interest and not its own available at the Office of the Secretary, dollar or greater, the Exchange charges its customers $0.35 per contract for the best interest as remarketing agent. PCX, and at the Commission. first four hundred contracts of a block IV. Conclusion II. Self-Regulatory Organization’s trade and $0.25 per contract for all It is therefore ordered, pursuant to Statement of the Purpose of, and contracts over four hundred. The Section 19(b)(2) 13 of the Act, that the Statutory Basis for, the Proposed Rule Exchange charges its customers $0.30 proposed rule change, as amended, (SR– Change per contract side for Pacific Options MSRB–97–16) is approved. Exchange Trading System (‘‘POETS’’) For the Commission by the Division of In its filing with the Commission, the transactions, with a minimum charge of Market Regulation, pursuant to delegated Exchange included statements $0.35 per trade. Also, the Exchange authority.14 concerning the purpose of and basis for charges a Book execution fee of $0.45 Margaret H. McFarland, the proposed rule change and discussed per contract side for all customer Book Deputy Secretary. any comments it received on the executions. To simplify rates and reduce costs for customers, the Exchange [FR Doc. 99–8065 Filed 3–31–99; 8:45 am] proposed rule change. The text of these proposes to reduce transaction charges BILLING CODE 8010±01±M statements may be examined at the places specified in Item IV below. The for customers to $0.12 per contract side, Exchange has prepared summaries, set which will apply to all manual SECURITIES AND EXCHANGE forth in sections A, B, and C below, of transactions (including block transactions) and POETS automated COMMISSION the most significant aspects of such transactions. Further, the Exchange statements. proposes to reduce Book execution fees [Release No. 34±41212; File No. SR±PCX± to $0.20 per contract side for all Book 99±03] transactions, except accommodation/ 6 Self-Regulatory Organizations; Notice liquidation transactions, which remain 3 See letter from Robert P. Pacileo, Staff Attorney, unchanged. The Exchange proposes to of Filing and Immediate Effectiveness Regulatory Policy, PCX, to Michael A. Walinskas, of Proposed Rule Change by the make these changes in an effort to Deputy Associate Director, Division of Market remain competitive, attract customer Pacific Exchange, Inc., Relating to Fee Regulation (‘‘Division’’), Commission, dated March Schedule Changes 3, 1999. The Commission received a draft of the order-flow, and reduce customer costs. proposed amendment on February 26, 1999, which Market Maker Charges. The current March 24, 1999. the Commission has accepted as a pre-filing transaction charges for Market Makers Pursuant to Section 19(b) of the pursuant to Rule 19b–4(f)(6). are $0.095 per contract site for equity Securities Exchange Act of 1934 4 17 CFR 240.19b–4(f)(6). options, $0.11 per contract side for (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 5 The Exchange has represented that the proposed index options, and $0.085 per contract notice is hereby given that on February rule change will not: (i) Significantly affect the side for POETS transactions. Also, the 11, 1999, the Pacific Exchange, Inc. protection of investors or the public interest; (ii) Exchange currently charges a monthly impose any significant burden on competition; and Market Maker fee of $660, which is (‘‘PCX’’ or ‘‘Exchange’’) filed with the (iii) become operative for 30 days after the date of Securities and Exchange Commission this filing, unless otherwise accelerated by the applied to all Market Makers after a six- (‘‘Commission’’) the proposed rule Commission. The Exchange also has provided at month initial waiver person. The change as described in Items I, II, and least five business days notice to the Commission Exchange proposes to increase III below, which Items have been of its intent to file this proposed rule change, as transaction charges for Market Makers to prepared by the Exchange. On March 4, required by Rule 19b–4(f)(6) under the Act. See note $0.15 per contract side for all manual 1999, the Exchange filed as amendment 3 above. Also, in a telephone conversation on and POETS transactions. In addition, February 26, 1999, between Robert P. Pacileo, Staff (‘‘Amendment No. 1’’) to the proposed Attorney, Regulatory Policy, PCX, and David 6 An accommodation/liquidation transaction is a Sieradzki, Special Counsel, and Joseph Morra, book-executed transaction for a premium less than 13 15 U.S.C. 78s(b)(2). Attorney, Division, SEC, the Exchange requested 1⁄16th. Telephone conversation between Robert P. 14 17 CFR 200.30–3(a)(12). that the Commission waive the 30-day waiting Pacileo, Staff Attorney, Regulatory Policy, PCX, and 1 15 U.S.C. 78s(b)(1). period under Rule 19b–4(f)(6) for the portion of the Joseph Morra, Attorney, Division, SEC, on March 2 17 CFR 240.19b–4. filing relating to customer fees. 23, 1999.

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15857 the Exchange proposes to increase III. Date of Effectiveness of the public in accordance with the Market Maker fees to $1,750 per month Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be per Market Maker, and proposes to Commission Action available for inspection and copying in eliminate the initial six-month waiver The proposed rule change relating to the Commission’s Public Reference period. The Exchange proposes these membership fees, transaction charges Room. Copies of such filing will also be changes to offset revenues lost from for Market Makers, LMM Book charges, available for inspection and copying at customer rate reductions. Market Maker fees, and member dues the principal office of the PCX. All LMM Book Charges. The Exchange became effective upon filing pursuant to submissions should refer to File No. charges each Lead Market Maker Section 19(b)(3)(A)(ii) of the Act 10 and SR–PCX–99–03, and should be (‘‘LMM’’) $0.10 per Book contract for subparagraph (f)(2) of Rule 19b–4 submitted by April 22, 1999. the first 15,000 contracts, $0.20 for 11 thereunder. For the Commission, by the Division of 15,001 to 30,000 Book contracts, $0.30 The portion of the proposed rule for 30,001 to 55,000 Book contracts, and Market Regulation, pursuant to delegated regarding customer transaction charges 15 $0.20 for all Book contracts over 55,000. authority. have been filed by the Exchange as a Margaret H. McFarland, These charges are applied to the ‘‘non-controversial’’ rule change monthly total of all Book contracts in all pursuant to Section 19(b)(3)(A)(ii) of the Deputy Secretary. options issues collectively traded by an Act 12 and subparagraph (f)(6) of Rule [FR Doc. 99–8062 Filed 3–31–99; 8:45 am] LMM under the program. The Exchange 19b–4 thereunder.13 Consequently, BILLING CODE 8010±01±M proposes to reduce its per Book contract because the Exchange represents that rates to $0.05 per Book contract for the the foregoing proposed rule change with first 15,000 contracts, $0.10 for 15,001 respect to customer transaction changes: SECURITIES AND EXCHANGE to 30,000 Book contracts, $0.15 for (1) does not significantly affect the COMMISSION 30,001 to 55,000 Book contracts, and protection of investors or the public $0.10 for all Book contracts over 55,000. interest; (2) does not impose any [Release No. 34±41210; File No. SR±Phlx± The Exchange proposes these fee significant burden on competition; and 96±14] changes to reduce charges consistent because the Exchange provided the with the reduction in Book execution Commission with written notice of its Self-Regulatory Organizations; fees for customers. In addition, the fee intent to file the proposed rule change Philadelphia Stock Exchange, Inc.; reduction is intended to attract LMMs to at least five days prior to the filing date, Order Approving Proposed Rule participate in the LMM Book Program. it has become effective pursuant to Change and Notice of Filing and Order Member dues. Currently, monthly Section 19(b)(3)(A) of the Act and Rule Granting Accelerated Approval to dues for Exchange Members are $250. 19b–4(f)(6) thereunder. The Commission Amendment Nos. 3 and 4 to Proposed The Exchange proposes to increase its finds good cause to permit the proposed Rule Change Relating to the monthly Member dues to $750 per rule change relating to customer fees to Establishment of a Daily Pre-Opening month to maintain a revenue base for become operative prior to thirty days Session for the Matching of Orders at the operations of the Exchange. from the date of filing 14 because the the Volume Weighted Average Price 2. Basis Commission believes that those portions reducing the fees may increase March 24, 1999. The Exchange believes the proposed competition between the options rule change is consistent with Section I. Introduction exchanges. 6(b) of the Act,7 in general, and furthers the objectives of Section 6(b)(4) of the IV. Solicitation of Comments On April 29, 1996, the Philadelphia Act,8 in particular, because it provides Stock Exchange, Inc. (‘‘Exchange’’ or Interested personal are invited to ‘‘Phlx’’) submitted to the Securities and for the equitable allocation of reasonable submit written data, views and dues, fees and other charges among its Exchange Commission (‘‘Commission’’), arguments concerning the foregoing, pursuant to Section 19(b)(1) of the Members and issuers and other persons including whether the proposal is using its facilities.9 Securities Exchange Act of 1934 consistent with the Act. Persons making (‘‘Act’’)1 and Rule 19b–4 thereunder,2 a written submissions should file six B. Self-Regulatory Organization’s proposed rule change that would copies thereof with the Secretary, Statement on Burden on Competition establish a daily pre-opening order Securities and Exchange Commission, The Exchange does not believe that matching session (‘‘Session’’) for the 450 Fifth Street, N.W., Washington, DC the proposed rule change will impose 20549–0609. Copies of the submission, execution of large-sized stock orders at any burden on competition that is not all subsequent amendments, all written the volume weighted average price necessary or appropriate in furtherance TM 3 statements with respect to the proposed (‘‘VWAP ’’). The Session would be of the purposes of the Act. rule change that are filed with the conducted through the VWAP Trading TM C. Self-Regulatory Organization’s Commission, and all written System (‘‘VTS ’’), which would be Statement on Comments on the communications relating to the operated as a facility of the Exchange. Proposed Rule Change Received From proposed rule change between the The VTS is a system module of the Members, Participants, or Others Commission and any person, other than Universal Trading System (‘‘UTSTM’’) 4 that was developed by Universal Written comments on the proposed those that may be withheld from the rule change were neither solicited nor 10 15 U.S.C. 78f(b)(3)(A)(ii). 15 17 CFR 200.30–3(a)(12). received. 11 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). 12 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b). 13 17 CFR 240.19b–4(f)(6). 3 VWAPTM is a registered trademark of the Dover 8 15 U.S.C. 78f(b)(4). 14 The Exchange requested that the Commission Group, Inc. 9 In reviewing this proposal, the Commission has waive the 30-day operative period under Rule 19b– 4 The VTSTM and UTSTM trademarks are the considered its impact on efficiency, competition, 4(f)(6) regarding the provision relating to customer property of Universal Trading Technologies and capital formation. 15 U.S.C. 78c(f). fees. See footnote 5. Corporation.

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Trading Technologies Corporation the Exchange submitted Amendment System will operate as a facility of the (‘‘UTTC’’).5 No. 4.11 This order approves the Exchange under Section 3(a)(2) of the On July 26, 1996, the Exchange proposed rule change, as amended, and Act.15 Specifically, the System will submitted Amendment No. 1 to the Amendment Nos. 3 and 4 on an utilize Exchange equipment and proposed rule change.6 The proposed accelerated basis. personnel,16 floor trader participation, rule change, including Amendment No. Under separate cover, the Exchange and the Stock Clearing Corporation of 1, was published for comment in the has requested from the Commission Philadelphia (‘‘SCCP’’) to process Federal Register on September 11, exemptive and interpretive relief System trades. Matches performed 1996.7 No comments were received on regarding Rules 10a–1, 10b–18, 11a2– during the Session will be regulated and the proposal or Amendment No. 1. The 2(T), 11Aa3–2, and 11Ac1–1 under the reported as Exchange trades. In Exchange submitted Amendment No. 2 Act.12 The Commission has issued a addition, matches performed by the to the proposed rule change on October letter separate from this order that System will be subject to transaction 29, 1997.8 The proposed rule change, as grants the Exchange exemptive relief and access fees as established in the modified by Amendment No. 2, was from Rule 10a–1 and provides Exchange’s fees schedule.17 published for comment in the Federal interpretive relief regarding Rule 11a2– 13 A. Stocks Eligible for Matching During Register on December 31, 1997.9 No 2(T). In Section III of this order, the the Session comments were received on Commission addresses the Exchange’s Amendment No. 2. On December 14, interpretive requests regarding Rules Approximately 300 of the most 1998, the Exchange submitted 11Aa3–2 and 11Ac1–1. With respect to highly-capitalized and highly-liquid Amendment No. 3 to the proposed rule the Exchange’s request concerning Rule securities that trade on the New Stock change.10 Finally, on February 12, 1999, 10b–18, the Commission will respond to Exchange (‘‘NYSE’’) will be eligible for the Exchange at a later date. matching during the Session. To select 5 UTTC is a subsidiary of the Ashton Technology II. Description of the Proposal these stocks, the Exchange will use Group. UTTC has developed three electronic Standard and Poor’s market data to trading system modules as part of its UTS The Exchange seeks to adopt identify the top 400 NYSE-listed issues architecture: (i) the VWAP Trading System proposed Exchange Rule 237, ‘‘The (‘‘VTSTM’’); (ii) the Electronic Auction System in terms of market capitalization. Each (‘‘eASTM’’); and (iii) the Electronic Public Limit Universal Trading System Morning stock selected must have a market price Order Book (‘‘ePLOBTM’’). This proposed rule Session,’’ to govern the operation of the below $200 per share. Next, the 14 change relates only to the VTS. VTS or ‘‘System’’ for a one year pilot Exchange will rank the 400 stocks 6 Amendment No. 1 discussed then proposed period. During the Session, the System according to their average dollar reporting procedures and mechanisms relating to will electronically accept large-sized Nasdaq Stock Market issues that would be matched volumes over the previous 20 days of during the Session. See Letter from Gerald D. stock orders and match the orders for trading. The Exchange will designate O’Connell, Senior Vice President, Market execution according to an algorithm the top 300 stocks as eligible for Regulation and Trading Operations, Exchange, to developed by UTTC. The matched and Jennifer Choi, Attorney, Division of Market matching during the Session. The executed orders will be assigned a final Exchange will repeat this screening Regulation (‘‘Division’’), Commission, dated July VWAP after the close of regular trading. 26, 1996. Amendment No. 1 is of no import because process every six months to ensure that the proposed rule change has been revised such that UTTC developed the System pursuant the stocks eligible for matching by the Nasdaq Stock Market issues are no longer eligible to an agreement with the Exchange. The for matching during the Session. System are highly-capitalized and 7 highly-liquid. Securities Exchange Act Release No. 37640 (4) clarified the proposed definition of (Sept. 4, 1996), 61 FR 47993 (Sept. 11, 1996). ‘‘institution’’; (5) committed to prepare a report B. System Participants 8 In Amendment No. 2, the Exchange: (1) clarified regarding the number of tape corrections and how the responsibilities and functions of the Exchange they affect the VWAP values calculated by the Access to the System will be limited and the VTS; (2) excluded over-the-counter Exchange; and (6) modified from 4:02 P.M. to to ‘‘Committers’’ and ‘‘Users’’ securities (i.e., Nasdaq Stock Market issues) from 4:01:30 P.M. the cut-off time that is designed to (collectively ‘‘Participants’’). matching during the Session; (3) proposed that a capture trade reporting run-off and any sales that VTS terminal be located on the Exchange’s equity occur at the close of regular trading. See Letter and Committers will be permitted to enter trading floor; (4) prohibited Exchange floor attachment from Edith Hallahan, First Vice ‘‘Commitments’’ while Users will be members from VTS matching in non-specialty President and Deputy General Counsel, Exchange, allowed to enter ‘‘Orders.’’ Although issues; (5) revised and detailed matching priority to Michael Walinskas, Deputy Associate Director, provisions; (6) updated order types and order entry Division, Commission, dated December 11, 1998. Exchange members may participate as procedures; (7) clarified participation and 11 In Amendment No. 4, the Exchange agreed to either Committers or Users, they may subscriber access; (8) defined the ‘‘extraordinary report pre-opening VWAP volumes for each eligible not participate as both Committer and or circumstances’’ under which the Exchange may security in which matches had been effected during Users, they may not participate as both modify the order entry time period; and (9) the Session. The Exchange also separately Committer and User in the same specified the liability of the Exchange with respect submitted confidential surveillance procedures. See to the operation of the VTS. See Letter and Letter from Adrienne Y. Hart, Vice President, security for the same account during the attachment from Philip H. Becker, Senior Vice Market Surveillance, Exchange, to Michael same Session. President and General Counsel, Exchange, to Walinskas, Deputy Associate Director, Division, Belinda Blaine, Associate Director, Division, Commission, and John A. McCarthy, Assistant 1. Committer Commission, dated October 28, 1997. Director, Office of Compliance Inspections and ‘‘Committer’’ status will be restricted 9 Securities Exchange Act Release No. 39481 (Dec. Examinations (‘‘OCIE’’, Commission, dated 22, 1997), 62 FR 68339 (Dec. 31, 1997). February 8, 1999; and letter from Kenneth J. to Exchange members that are: (i) Phlx 10 In Amendment No. 3, the Exchange represented Meaden, Senior Vice President, Exchange, to John Floor Traders (i.e, Phlx Specialist or that UTTC agreed to operate the VTS through McCarthy, OCIE, Commission, dated February 1, Phlx Alternate Specialist in the eligible UTTC’s wholly-owned broker-dealer subsidiary, 1999. stock that is the subject of the REB Securities (‘‘REB’’), and that REB would be 12 See Letter from Edith Hallahan, Associate responsible for conducting compliance activities General Counsel, Exchange, to Larry E. Bergmann, relating to the VTS. In addition, the Exchange: (1) Associate Director, Division, Commission, dated 15 15 U.S.C. 78c(a)(2). agreed to operate the VTS as a facility of the June 5, 1998. 16 UTTC technical personnel will assist the Exchange for a one year pilot period; (2) agreed to 13 See Letter from Larry E. Bergmann, Associate Exchange in operating the System. limit the securities eligible for matching through the Director, Division, Commission, to Edith Hallahan, 17 Apart from adopting proposed Exchange Rule VTS to 300 of the most highly-liquid and highly- Associate General Counsel, Exchange, dated March 237, the Exchange also seeks to make a conforming capitalized issues listed on the New York Stock 24, 1999 (‘‘Exemptive Relief Letter’’). change to Exchange Rule 101, ‘‘Hours of Business’’ Exchange; (3) proposed to delete the required 14 For ease of reference, the term ‘‘System’’ shall to include the Session as an exception to regular dissemination of a single volume print at 9:20 A.M.; be used in place of VTS and UTS. trading hours.

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Commitment); or (ii) Phlx Off-Floor 2. User As with all Exchange trades, System Liquidity Providers (members that ‘‘User’’ status would be available to matches will require both a Phlx and commit to provide contra-side Exchange members and non-members. SCCP member to be involved. Therefore, liquidity). Committers agree to provide However, Exchange floor members all Committers and Users must specify on a proprietary basis contra-side could participate as Users only in their both an executing and clearing account liquidity by specifying their specialty issues. Under the proposal, during the enrollment process. The Committments; however, Off-Floor Orders may only be placed by and for Exchange and the SCCP will perform Liquidity Providers can only engage as enrolled Users. Users may enter Orders trade reconciliation and confirmation Committers for their proprietary for customer or proprietary (dealer or functions. System trades will then be accounts. principal) accounts. forwarded to the National Securities Exchange members must register with Orders will be eligible for matching Clearing Corporation (‘‘NSCC’’) for the Exchange prior to acting as a by the System only on the day the Order clearance and settlement.26 Committer. Committers will be is entered. The minimum size for permitted to designate the eligible individual Orders is 5,000 shares. Like C. Entry of Orders and Commitments issues for which they wish to make Commitments, all Orders must be Only Orders and Commitments that Commitments. For each eligible issue entered in 500 share increments. selected, Committers will be required to Users may enter Orders directly into are entered through the System will be provide a minimum volume guarantee System terminals as subscribers or eligible for matching and execution by of 2,500 shares for each side of the through subscribing brokers; subscribing the System during the Session. Under market.18 All Commitments must be brokers may be members or non- no circumstances will Orders or entered in 500 share increments. members. The Exchange has noted, Commitments migrate to the Exchange’s Commitments must be entered however, that participation through regular equity trading session. Because directly by System subscribers or subscribing brokers may affect matching all Orders and Commitments remain through the System’s trading floor priority. anonymous, the identity of Users and terminal at the Exchange.19 All non-member Orders entered Committers will not be revealed to other Commitments may be entered and through a broker must be entered Participants. modified during the ‘‘Order Entry Time through an Exchange member or Orders and Commitments will only be Period’’ (5:00 A.M. to 9:15 A.M.).20 and through a non-member broker with the accepted into the System from 5:00 during any other periods the Exchange 23 appropriate ‘‘give-up agreement’’ and A.M. to 9:15:00 A.M. (‘‘Order Entry may specify.21 Commitments may be 24 ‘‘three-way agreement’’ in place. Non- Time Period’’). The Order Entry Time entered as ‘‘day-Commitments’’ or member Orders also may be entered Period ends approximately 15 minutes ‘‘good-till-canceled (‘‘GTC’’) directly by subscribing non-members prior to the opening of the Exchange’s Commitments.’’ GTC Commitments who have in place with an Exchange regular trading session (9:30 A.M.–4:00 remain in effect for each Session until member give-up and three-way P.M.). However, as previously canceled and must be established (and agreements.25 canceled) through the enrollment mentioned, the Exchange may establish process.22 23 A clearing agreement or ‘‘give-up agreement’’ is a different period for the entry of Orders Commitments may be restricted to intended to ensure that a SCCP member, who must and Commitments into System’s equity execution against non-members only. At also be an Exchange member, has assumed trading floor terminal.27 Orders and responsibility for the order. Give-up agreements Commitments may be canceled 28 or no time will Commitments may be with non-members must be submitted in advance matched with other Commitments. to the Exchange’s Examinations Department and modified before the end of the Order Commitments are executable only must define the credit limits for the customer. Entry Time Period. Confirmation of the through the System. 24 The Exchange, the Exchange/SCCP member, placement and cancellation of an Order and the non-member User are the parties to a ‘‘three-way agreement.’’ Under the agreement, the 18 Although the minimum Commitment size on Exchange member must agree to be jointly and language raises important issues concerning each side of the market is 2,500 shares, a Committer severally liable for actions of the non-member User appropriate access to the System. need to make identical Commitments on both sides through the System. In return, the non-member 26 The Exchange recently restructured the of the market. For example, a Committer could User must agree to adhere to all applicable by-laws clearance and settlement business offered through agree to buy 2,500 shares and sell 5,000 shares at and rules of the Exchange. The Exchange clarified its wholly owned subsidiary, SCCP. The SCCP no VWAP. that neither it nor the SCCP approves credit limits longer maintains its continuous net settlement 19 To facilitate Floor Trader participation, the established by an Exchange/SCCP member for its system for conducting settlements between the Exchange proposes to install a System terminal on non-member customer as part of a three-way SCCP and its members. As a result, the SCCP ceased the equity trading floor for the entry and reporting agreement. See Letter from Philip H. Becker, Senior providing the cash settlement services attendant to of Orders and Commitments. Vice President and Chief Regulatory Officer, the settlement process of the Philadelphia 20 Unless otherwise indicated, all times Exchange, to Ivette Lopez, Assistant Director, Depository Trust Company. However, the SCCP referenced throughout this order are Eastern Division, Commission, dated December 10, 1996. continues to offer limited clearing and settlement Standard Times. The letter also clarified that an Exchange ‘‘clearing services to Exchange members. See Securities 21 For example, the Exchange may allow the entry member’’ is an Exchange member that also is a Exchange Act Release No. 39444 (Dec. 11, 1997), 62 and modification of Commitments during certain member of the SCCP. FR 66703 (Dec. 19, 1997). times the previous day, effective for the next day’s 25 The Exchange submitted to the Commission a 27 If the Exchange establishes any alternative time Session. Because matching occurs only during the letter stating that the Exchange did not intend for period for the entry of Orders and Commitments, Session, the additional period would simply the sample three-way agreement, which was the alternative time period should not allow Orders provide extra time for the entry of Commitments. previously provided to the Commission, to be and Commitments placed through the System’s 22 The enrollment process is the formal considered part of the Exchange’s proposed rule equity trading floor terminal to be entered at a time mechanism by which Participants enter into a change. See Letter from Edith Hallahan, First Vice after which all other methods of access to the contractual arrangement to use the System. System President and Deputy General Counsel, Exchange, System have been closed. For example, it would not activation is dependent upon completing the to Michael Walinskas, Deputy Associate Director, be permissible to establish a general cut-off time for enrollment process and submitting the requisite Division, Commission, dated March 24, 1999. The Order and Commitment entry of 9:15 A.M. but agreements and forms. Enrollment parameters, letter also represented that the Exchange will allow Orders and Commitments to be entered including GTC commitments, may be modified withdraw from any final three-way agreement through the System’s equity trading floor trading through procedures established by the Exchange. language stating that the Exchange has the right to terminal until 9:16 A.M. Prior to activation, all Users and Committers must terminate a User’s access to the System ‘‘without 28 Orders and Commitments may be canceled provide proof of the review and approval of their prior notice for any reasons or no reason through the System until 9:15:00 A.M. by using the enrollment parameters by their compliance officer. whatsoever.’’ The Commission notes that such appropriate designator (‘‘CXL’’).

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.155 pfrm03 PsN: 01APN1 15860 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices or Commitment will occur 3. Cross Order the fewest aggregate shares (in all electronically through the System. A cross Order is a two-sided Order, eligible securities) matched through the When entering Orders or with both sides comprised of non- System at that time. Commitments, Participants will be member interest, with instructions to 3. Liquidity Rotation Parameter required to provide a description of the match the identified buy-side with the Order or Commitment, as well as identified sell-side. The two sides Although priority is generally based account identification information making up a cross can be entered on size, the ‘‘Liquidity Rotation needed to determine priority and separately, with the contra-side Parameter’’ (‘‘LRP’’) provides that Order eligibility. Participants must provide the identified. If the sizes do not match, the and Commitment participation will following information when entering an remainder is left unexecuted. rotate in 25,000 share increments, as Order or Commitment: opposed to filling the largest Order or • Buy/Sell designation; 4. Facilitation Order Commitment first. The LRP is intended • Volume (number of shares). As A facilitation Order is a two-sided to ensure fair allocation. The LRP previously stated, the minimum size for Order, with an identified Phlx member operates within each matching step Commitments is 2,500 shares and the on the contra-side to act as a facilitator (after Step 1) to match Orders/ minimum size for Orders is 5,000 for that Order, and is known as a Commitments in 25,000 share shares. All Commitments and Orders ‘‘Guarantor.’’ The contra-side may be increments, moving to the next Order/ must be entered in 500 share entered together with, or separate from, Commitment after 25,000 shares have increments;29 the facilitation Order; if the sizes do not been matched, and then, after all other • Stock symbol; match, the remainder is left unexecuted. Orders/Commitments have received their first 25,000 share match, returning • Participant status: Committer or Facilitation Orders can be submitted on to the unfilled portion of the first Order/ User; behalf of Phlx members or non- Commitment. Under the proposal, the • Committer account status: Off-Floor members. Unlike basic orders, facilitation Orders may not be restricted. Exchange’s Floor Procedure Committee Liquidity Provider, Specialist, or Three types of facilitation orders are may establish a different LRP size based Alternate Specialist; • available to Users: (i) Unconditional on operational experience, practicality, User account status: Member or facilitation: execute against an and demonstrated market need. non-member, and Order type (basic, identified Guarantor or not at all. This F. The Matching Algorithm cross, facilitation, also including any Order is a type of cross involving a Phlx constraints or restrictions); member Guarantor; (ii) conditional Execution priority is determined in • Clearing account number; facilitation: execute against an accordance with the matching algorithm • Trade account information identified Guarantor after attempting to that consists of 23 matching steps. In (Exchange executing account number); be executed against non-members to the step 1, two-sided Orders are matched in and extent possible; and (iii) last resort the following order: • Subscriber identification number. facilitation: execute against an • Non-member/Non-member cross D. Types of Orders identified Guarantor only after Orders. attempting to execute against all other • Non-member/Member Users may enter three types of Orders: Orders and Commitments to the extent unconditional facilitation Orders. (i) basic; (ii) cross; and (iii) facilitation. possible. • Member/Member unconditional A User may designate its basic and facilitation Orders. facilitation Orders as either E. Execution Priority Rules • Any unmatched ‘‘residue’’ due to unconstrained (meaning executable to Orders and Commitments will be the excess size entered by one side the extent possible) or constrained. matched for execution by the System at remain unexecuted. It is important to approximately 9:16 a.m. Trades remember that Step 1 matches 1. Constraints matched and executed through the unconditional facilitation Orders. Two constraints are available to Users System are printed and cleared as In step 2, non-member unconstrained in connection with basic and facilitation Exchange transactions, executed on the Orders (basic and facilitation) are Orders: all-or-none (‘‘AON’’) and Exchange and processed through SCCP. matched with non-member minimum-or-none (‘‘MON’’). The AON unconstrained Orders. As with all 1. Orders constraint means that the User wants to matching steps, priority is determined execute all shares of the Order or none Generally, Orders are afforded priority based on size and time of entry. at all. The MON constraint means that by: (i) Account type (account types are In step 3, remaining non-member the User wants to execute at least a based on status as a Phlx member or unconstrained Orders are matched with specified number of shares of the Order non-member, type of non-member non-member constrained (AON and or none at all. account, constraints, and direct MON) Orders. Any non-member subscription versus broker access); (ii) constrained Orders not matched with 2. Basic Order Order size (largest first); and (iii) the unconstrained Orders left over from A basic Order is a standard, one-sided chronological basis measured by time- step 1 are then matched with other non- Order to buy or sell. A basic Order may of-entry (for Orders of the same account member constrained Orders. be restricted, meaning it is executable type and size). In step 4, remaining non-member against non-members only. 2. Commitments Orders are matched with non-member institutions’ 30 Orders participating 29 The Exchange’s Floor Procedures Committee Commitments are prioritized based may determine whether to establish: (i) alternative on: (i) Sub-account types (Phlx Off-Floor 30 The proposal defines an institution as ‘‘an minimum sizes for Commitments and Orders; or (ii) Liquidity Providers first, then entity not registered as a broker-dealer or doing alternative minimum increment sizes. Any Specialists, and Alternate Specialists); business as a hedge fund that serves in a fiduciary adjustments to Order, Commitment, or increment capacity.’’ The Exchange believes such entities sizes are required to be based on market and and (ii) Commitment size (largest first). include, but are not limited to: qualified pension participant need, and are subject to prior written For Commitments of the same size, plans, investment companies registered under the notice. priority rotates among Committers with Investment Company Act of 1940, bank trust

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Among unsatisfied Orders are not relevant to determining priority Orders are matched with Commitments of the same size, Exchange member in step 4 among institutions of Exchange Off-Floor Liquidity Orders would be removed before non- participating through a broker. Providers. Any unmatched member Orders. Among two Exchange In step 5, remaining non-member Commitments of Exchange Off-Floor members, or among two non-members, Orders are matched with non-member Liquidity Providers are removed. the last in time would be removed first. non-institution Orders participating In step 13, remaining non-member Additional matching rounds would through a broker. After non-member Orders are matched with Commitments occur, each removing another non-institution Orders participating of Specialists. Any unmatched unsatisfied constrained Order, until no through a broker are matched against Specialist Commitments are removed. unsatisfied constrained Orders the unmatched Orders of non-members, In step 14, remaining non-member remained. Matching rounds are such non-member non-institution Orders are matched with Commitments intended to maximize the number of Orders are matched with each other. of Alternate Specialists. Any unmatched executions. Alternate Specialist Commitments are (Non-member non-institution Orders G. Calculation of VWAP include non-member broker-dealer removed. Orders as well as non-member, non- In step 15, remaining non-member The exchange shall calculate a final broker-dealer, non-institution Orders, Orders are matched with member VWAP value for each eligible security such as retail customers). facilitation Orders (those with by: (i) using all regular way trades In step 6, remaining non-member conditional or last resort Guarantors). (including sold sales and late sales)31 Orders are matched with Orders of non- Note that unconditional facilitation reported by the appropriate reporting member broker-dealers that subscribe Orders previously were matched in step authority from the opening of the directly. Orders of non-member broker- 1. regular trading session and printed prior dealers that subscribe directly are then In step 16, non-member last resort to 4:15:00 P.M.,32 (ii) multiplying each matched with each other. Thus, step 6 facilitation Orders are matched with respective reported price by the total matches non-member Orders (both their identified last resort Guarantors. number of shares traded at that price; constrained and unconstrained) for non- In step 17, non-member matching (iii) adding together each of these member broker-dealers. (As opposed to ends. Any remaining non-member calculated values to compile an dealer activity, if a non-member broker- Orders are unmatched, except as aggregate sum; and (iv) dividing the dealer is acting as a broker, the Order provided in step 23. aggregate sum by the total number of would already be matched in steps 4 In step 18, Exchange member reported shares that appear in the prints and 5). conditional facilitation Orders are included in step (i) of the VWAP By step 7, the matching process is matched with their identified calculation process. The resulting ended with respect to non-member conditional Guarantors. VWAP value will be reported in the Orders. Any remaining non-member In step 19, all remaining Exchange form of a fraction and will be rounded 33 Orders that are restricted to matching member Orders are matched with each to the nearest 1/256th. Any proposed with other non-members only are other, provided they are not restricted to changes that impact the manner in removed. The removed unmatched matching against non-members only. which the official VWAP is calculated Orders may be matched later according This includes the following Phlx are required to be submitted to the to step 23. member Orders: Phlx member Orders Commission for review under Section In step 8, remaining non-member participating through brokers, Phlx off- 19(b) of the Act.34 conditional facilitation Orders are floor member Orders, Phlx floor member The exchange shall calculate and matched with their conditional Orders, and Phlx member last resort assign a final VWAP value to each Guarantors (facilitating members). These facilitation Orders. security subject to a match during the 35 conditional Orders—which were first In step 20, remaining Exchange Session. The final VWAP value that subject to matching against other non- member Orders are matched with the Exchange calculates and assigns to member Orders in prior steps—are now Commitments that have not been each eligible security shall be reported eligible for matching against the restricted to matching against non- and publicly disseminated at 4:20 P.M. identified Guarantor (a Phlx member). members only. First, remaining promptly following calculation. The In step 9, remaining non-member Exchange member Orders are matched 31 Orders are matched with member with Commitments of Off-Floor A ‘‘late sale’’ is a transaction which is a correct Liquidity Providers, and then with last sale but is publicly disseminated later than is Orders participating through brokers. required. Generally, transactions are required to be Any unmatched member Orders Commitments of Specialists and publicly disseminated within 90 seconds of participating through brokers are Alternate Specialists. Unmatched execution. A ‘‘sold sale’’ refers to a transaction Commitments are removed. appearing on the CTS out of its proper sequence. removed. 32 In step 10, remaining non-member In step 21, Exchange member last It should be noted that prints representing resort facilitation Orders are matched trades executed after regular trading hours (9:30 Orders are matched with Orders of off- A.M. to 4:00 P.M.), such as prints reflecting trades floor members. Any unmatched off-floor with their identified last resort executed during the Exchange’s Post Primary members’ Orders are removed. Guarantors. Session, will only be included in the VWAP In step 11, remaining non-member In step 22, the whole matching calculation until 4:01:30 P.M. 33 Orders are matched with Orders of ‘‘round’’ in an eligible security ends. The System software also allows Participants to Any remaining Exchange member convert VWAP prices into decimal form. Exchange floor members. Any 34 15 U.S.C. 78s(b). Orders and Commitments are 35 In addition, the Exchange will continuously departments, corporations that purchase securities unmatched, except as provided in step calculate a non-final VWAP value throughout the for corporate purposes, and insurance companies. 23. trading day for each eligible issue.

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15862 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices final VWAP value will be available the CTS with the sale condition ‘‘B’’ to eligible stock matched through the through the System to all Participants indicate volume weighted average System. that had a commitment or Order pricing (the ‘‘B’’ will distinguish VWAP M. Extraordinary Circumstances matched during the Session. trades from other transactions that may The final VWAP value calculated and possibly be reported after the close such In the case of ‘‘extraordinary reported by the Exchange shall be the as after-hours, crossing session, or late circumstances,’’ the Exchange’s Floor official VWAP value. Unless the sales transactions). The Exchange has Procedure Committee may determine to Exchange directs otherwise, every represented that VWAP trades matched adjust or modify any of the times VWAP value as initially reported by the and executed through the System will relating to Order Entry Time Period, the reporting authority is conclusively not impact the determination of the last matching period, or any aspect of the presumed to be accurate and deemed to sale price in an eligible security listed transaction reporting procedures. The be final, even if the VWAP value is on the NYSE. proposal defines ‘‘extraordinary revised or subsequently determined to The System will not disseminate or circumstances’’ to include fast market have been inaccurate. disclose Orders or Commitments, conditions, systems malfunctions, and Generally, all System matches create including System bid/ask sizes, prior to other circumstances that limit the a binding contract. However, in the case the Session match, nor System Exchange’s ability to receive, where a match occurs during the imbalances remaining after the Session disseminate, or report System Session in an eligible security that has match, except to entering Participants. information in a timely and accurate not opened for primary market trading manner. Because reporting is performed on a by 3:00 P.M., the match will be voided trade-by-trade basis, if no System match N. Short Sales and a report to that effect will occurs in an eligible security, a final immediately be sent through the System Orders and Commitments must be to the Participants to the voided match. VWAP for that particular security will appropriately marked pursuant to If an eligible security opens for trading not be reported to the CTS for that day. Exchange Rule 455 to indicate whether but is the subject of a trading halt and I. Access to the System they are short sales. In addition, Orders does not resume trading for the and Commitments will be exempt from remainder of the day, the final VWAP Access to the System for subscribers the short sale ‘‘tick test’’ restrictions of value for any match in that eligible (both direct subscribers and subscribers Exchange Rule 455. Positions resulting security on that day will be based on the acting as brokers) will be available by from Session matches will be effective prints that occurred before the trading dial-up into the System utilizing for the purpose of determining long or halt. software and log-on procedures that short status for the remainder of the vary depending on whether the trading day, immediately upon H. Reporting of System Transactions subscriber is accessing the System notification of the Participant to a and VWAP through a personal computer or a main- System match, notwithstanding that the All System matches will first be frame system. System access may VWAP has not yet been determined. include various types of computer reported to the reporting authority (i.e., III. Discussion Consolidated Tape System or ‘‘CTS’’) at hardware, software, and handheld 9:20 A.M. as separate volume prints for devices. For the reasons discussed below, the Commission finds that the proposed each eligible security in which matching J. Resolutions of Disputes occurred. The morning print for all rule change is consistent with the System matches will occur by way of an Disputes regarding Session requirements of the Act and the rules administrative message over the CTS participation or the eligibility of Orders, and regulations thereunder applicable to reflecting the VWAP volume in each of Commitments, or Participants will be a national securities exchange, and with the eligible securities. The morning resolved by the Exchange in accordance the requirements of Sections 6(b) and 36 print is intended to provide market with Exchange Rule 124. 11A under the Act. In particular, the Commission believes the proposed rule participants with VWAP volumes before K. Liability of the Exchange regular trading commences. change is consistent with the Section Under normal circumstances, Users The Exchange shall not be liable for 6(b)(5) requirements that the rules of an and Committers will be notified of their any damages, claims, losses or expenses exchange be designed to promote just matches by 9:20 A.M. System matches sustained by a member or member and equitable principles of trade, will be reported to the entering organization caused by any errors, remove impediments to and perfect the subscriber in the form of automated omissions or delays resulting from any mechanism of a free and open market reports reflecting the number of shares act, condition or cause beyond the and a national market system, and, in matched for each Participant by the reasonable control of the Exchange, general, protect investors and the public System in each issue. including but not limited to, an act of interest.37 Once the Exchange calculates and God; fire; flood; extraordinary weather The Commission believes the assigns a final VWAP value, each conditions; war; insurrection; riot; Exchange’s proposed System will serve Session match constitutes a completed stride; accident; action of government; as an innovative complement to the transaction for the purpose of reporting communications or power failure; Exchange’s existing auction market. The the trade to the appropriate reporting equipment or software malfunction Commission historically has encouraged authority. End-of-day prints will arising from the use of the System, the innovation and the creation of new normally be reported at 4:20 P.M. calculation of the VWAP or any and all electronic trading systems so that following calculation of the final VWAP other matters respecting the operation of investors are provided access to a at 4:15 P.M. The end-of-day prints will the System or Session. variety of execution alternatives. At the be printed on a trade-by-trade basis L. Trading Halts in Eligible Securities 36 representing all matches made that 15 U.S.C. 78f(b) and 78k-1. 37 In approving this proposed rule change, the morning. Each print will reflect a The proposed rule change does not Commission has considered the proposal’s impact matched trade and the corresponding limit the ability of the Exchange to on efficiency, competition, and capital formation. VWAP. These trades will be reported to otherwise halt or suspend trading in any 15 U.S.C. 78c(f).

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.158 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15863 same time, the Commission believes it The Commission notes that the Commission believes that the Exchange is important to ensure that a trading Exchange’s use of UTTC personnel and the UTTC have adequately addressed system which operates as a facility of a equipment in operating the System does these access and control concerns. First, national securities exchange complies not alter the Commission’s the Commission notes that the Exchange with the Act’s standards regarding determination that the System is will retain regulatory control over the investor protection and fair and orderly properly regulated as a facility of the System and that the Exchange will markets. The Commission believes that Exchange. The Exchange retains remain fully responsible for ensuring the Exchange’s proposal achieves this regulatory control over the System and that the System complies with the objective. is fully responsible for ensuring that the federal securities laws and all Some aspects of the proposal raise System complies with the federal applicable rules and regulations. complicated regulatory issues. For securities laws and all applicable rules Although the Exchange will use UTTC example, the matching of Orders and and regulations. Although UTTC personnel and equipment to assist in Commitments during the Session personnel shall assist the Exchange in operating the System, such UTTC includes some characteristics of a operating the System, these assistants assistance will be provided on an unitary call market and, therefore, will be acting as agents of the Exchange. agency basis. More specifically, this represents a departure from the Therefore, the Exchange will maintain assistance will be provided by REB traditional auction market trading control of the System and will exercise securities, a wholly owner broker-dealer conducted on the Exchange floor. In authority over the non-Exchange subsidiary of UTTC. REB will be addition, the System allows non- employees that help operate the System. assigned certain responsibilities for Exchange members to enter Orders. The Commission believes that ensuring compliance with the Other aspects of the proposal raise operation of the System as a facility of monitoring and reporting of System concerns regarding surveillance, the Exchange raises important issues access and control parameters. The 41 reporting, transparency, control and regarding surveillance of the System, Exchange represented that REB has access, and priority principles of an UTTC personnel, and Exchange developed a special compliance auction market. After careful review, personnel. The Commission believes the program to address these issues. and for the reasons discussed in more Exchange has adequately addressed Second, REB will not conduct any other detail below, the Commission believes these surveillance issues. In particular, securities business outside of its the proposal adequately addresses the the Exchange’s surveillance group will oversight of System access and control. areas of concern and is consistent with be equipped with technology to create This limitation on business activity will the maintenance of free and open detailed audit trails that will track help focus REB’s scrutiny on important markets and investor protection in Orders and Commitments from entry to compliance issues. This limitation on accordance with Section 6(b)(5) of the the confirmation of matching. The business activity will help focus REB’s Act.38 Exchange also will use technology to scrutiny on important compliance track Orders and Commitments through The Commission believes that the issues. The Exchange will require REB the matching algorithm; this will System is properly regulated as a facility to conduct annual independent audits identify the exact point at which Orders of the Exchange.39 The System will use regarding the System compliance and Commitments are matched, or Exchange equipment and personnel, program. Finally, because REB is a alternatively, not matched. In addition, involve the participation of Exchange broker-dealer registered under the Act, a corrections alert mechanism will floor traders, and rely on the SCCP to the Commission will have the authority provide notice of all corrections that clear System trades. Furthermore, to inspect and examine REB. For these occur in the CTS after the VWAP matches performed during the Session reasons, the Commission believes the calculation period. Finally, Exchange will be regulated and reported as Exchange and UTTC have adequately surveillance personnel will use an Exchange trades. The Commission addressed issues relating to control and electronic surveillance system to believes that because the System will be access. identify aberrant trading behavior in any The Commission believes that in using the Exchange’s premises, eligible stock matched through the providing non-Exchange members property, and services for effecting and System. limited access to the System, the reporting System matches, it will be The Commission also believes that Exchange’s proposal does not using the facilities of an exchange as operation of the System as a facility of contravene the Act. The Act defined in Section 3(a)(2) of the Act.40 the Exchange raises unique concerns contemplates that transactions on a regarding access to, and control of, the 38 15 U.S.C. 78f(b)(5). national securities exchange will be 42 43 39 Section 3(a)(2) of the Act states that ‘‘[t]he term System. For several reasons, the conducted by ‘‘members.’’ In ‘facility’ when used with respect to an exchange includes its premises, tangible or intangible brokering trades, no longer operates as a facility of volume weighted average pricing features, they property whether on the premises or not, any right the CHX. were operated as proprietary trading systems. See to the use of such premises or property or any 41 The System will link off-floor and on-floor Letter from Alden S. Adkins, Chief, Office of service thereof for the purpose of effecting or computer terminals to the System’s Automation and International Markets, Division, reporting a transaction on an exchange (including, communications base unit. This unit will: (i) accept Commission, to Charles R. Hood, Vice President among other things, any system of communication Orders and Commitments; (ii) match buyers with and General Counsel, Instinet Corporation (Dec. 6, to or from the exchange, by ticker or otherwise, sellers; (iii) give execution reports to matched 1991) (providing no-action relief to Instinet’s maintained by or with the consent of the exchange), Participants; (iv) calculate the back-up VWAP for Market March crossing service) and letter from and any right of the exchange to the use of any each matched security (separate Exchange systems Alden S. Adkins, Chief, Office of Automation and property or service.’’ 15U.S.C. 78c(a)(2). will calculate the official VWAP; (v) report VWAP International Markets, Division, commission, to 40 Regulating the System as a facility of the matches to the entering Participants (separate Lloyd H. Feller, Morgan, Lewis & Bockius (Oct. 28, Exchange is consistent with the Commission’s Exchange systems will report VWAP matches to the 1991) (providing no-action relief to POSIT regarding approach towards similar electronic matching appropriate reporting authorities); and (vi) create an its volume weighted average pricing mechanism). systems. For example, the Chicago Stock Exchange audit trail by recording Order and Commitment 43 Section 3(a)(3)(A) of the Act describes a (‘‘CHX’’) operated the Chicago Match as a facility entry and execution. member in terms of effecting transactions on a of the CHX. See Securities Exchange Act Release 42 The VTS is the first electronic system offering national securities exchange. The pertinent text No. 35030 (Nov. 30, 1994), 59 FR 63141 (Dec. 7, VWAP that will operate as a facility of a national defines a member as ‘‘any natural person permitted 1994). The Chicago Match, which integrated an securities exchange. Although the Commission to effect transactions on the floor of the exchange electronic order match system with a facility for previously reviewed electronic systems that offered Continued

VerDate 23-MAR-99 16:31 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.XXX pfrm09 PsN: 01APN1 15864 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices addition, Section 6(c)(1) of the Act increase the ability of investor orders to Exchange will provide for the collection states that a national securities exchange interact directly with other investor and dissemination of transaction reports shall deny membership to any natural orders. containing, among other things, the person who is not, or is not associated The Commission believes the System price of the security. The display of with, a registered broker or dealer.44 The may provide benefits to market Orders and Commitments prior to Commission believes the Exchange has participants, especially those who trade matching would be impractical; in established adequate controls over non- in large blocks. Specifically, particular, it would counter the benefits member access to the System. Participants will enjoy complete end-to- of anonymity afforded by the System.50 Specifically, a non-member may enter end anonymity in their Orders and The Commission believes that the Orders through the System only after Commitments; as a result, their System’s reporting mechanisms will entering into a ‘‘give-up’’ agreement proprietary trading strategies will not be provide investors with adequate with an Exchange clearing member (i.e., revealed to other market participants. transaction price information in such Exchange member also is a SCCP Furthermore, because Participants accordance with Rule 11Aa3–1 under member). The give-up agreement receive notice of Order and the Act. requires the Exchange clearing member Commitment matches before the NYSE In response to the Exchange’s request to assume legal responsibility for the opens for trading, those Participants not for interpretive relief, the Commission Orders of the non-member. The receiving matches will have the confirms that the Exchange will not Exchange clearing member must submit opportunity to enter orders during violate Rule 11Aa3–2 under the Act 51 if the give-up agreement to the Exchange regular trading hours. the Exchange disseminates last sale data in advance of any activity by the non- The Commission believes the for System matches at 4:20 P.M. Rule member and must also specify the credit proposal is consistent with Rule 11Aa3– 11Aa3–2(d) requires self-regulatory limits for the non-member. 1 of the Act.47 Promptly after the System organizations to comply with the terms Moreover, prior to obtaining matches Orders and Commitments, each of any effective national market system permission to enter Orders through the Participant will be notified of the issues plan of which it is a sponsor or System, each non-member must enter and number of shares matched for that participant. The Commission believes into a ‘‘three-way agreement’’ with the Participant. The Exchange also will that the Exchange will continue to Exchange and an Exchange clearing report to the CTS at 9:20 A.M. the comply with the terms of the CTS member. The three-way agreement VWAP transaction volume in each national market system plan if the requires the non-member to agree to eligible issue. For example, if during the Exchange disseminates reports adhere to the applicable rules of the Session matches were effected in all 300 containing price and volume Exchange. Because the access of non- eligible securities, the Exchange would information for System matches at 4:20 member Users is limited by the report to the CTS the matched volume P.M. The Commission notes that a requirement that such Users be parties for each of the 300 securities (i.e., 300 national market system plan is designed to valid give-up and three-way separate volume prints). Although the to ensure timely dissemination of last 45 agreements, and because the behavior Final VWAP value for each eligible sale data. The Commission believes that of non-member Users is governed by the security will not be calculated until the Exchange has reporting procedures affirmative obligations contained in the after the closing of trading, the in place to ensure the timely mandated give-up and three-way Commission believes it is important that dissemination of preliminary and last agreements, the Commission believes market participants have access to sale data for System matches. In the participation of non-members in the matched VWAP volume before regular particular, as soon as the matching System does not violate the Act. trading begins.48 Once of the final process has been completed at the end The Commission also believes that the VWAP value has been calculated, each of the Session, the Exchange will report Exchange’s proposal is consistent with transaction will immediately be to the CTS the matched VWAP volumes Section 11A of the Act.46 Specifically, reported on a trade-by-trade basis, for each eligible security. Furthermore, the Commission believes that the including the size and final VWAP immediately after the final VWAP System will further the purposes of value, over the Tape B network of the values have been determined and Section 11A and the development of a CTS 49 and to the Participants. Thus, the assigned, the Exchange will report to the national market system by promoting CTS each transaction on a trade-by-trade economically efficient execution of 47 Rule 11Aa3–1, ‘‘Dissemination of Transaction basis, including the final VWAP value. securities transactions, fair competition Reports and Last Sale Data with Respect to In each instance, the Exchange has among markets, best execution of Transactions in Reported Securities,’’ governs the committed to make timely customer orders, and an opportunity for dissemination of transaction reports that contain dissemination of important market orders to be executed without the price and volume information with respect to purchase or sale transactions involving one or more information. Because the Exchange has participation of a dealer. The System round lots of a security. See 17 CFR 240.11Aa3–1. arranged for the timely dissemination of provides a new and potentially efficient 48 The Exchange has informed the Commission preliminary and last sale data, the way to match and execute trading that the operator of the CTS, the Consolidated Tape Commission believes the Exchange will interests. It is principally designed to Authority (‘‘CTA’’), will not permit trade messages to be delivered over the CTS prior to the start of remain in compliance with the CTS meet the demands of institutional regular trading on the U.S. equities markets (i.e., national market system plan and will traders and other market professionals before 9:30 A.M.). Therefore, the pre-opening not violate Rule 11Aa3–2. that desire VWAP-based transactions. VWAP volumes reported over the CTS must take The Commission believes that the Use of the System may result in the form of administrative messages. The System does not violate Rule 11Ac1–1 enhanced liquidity for investors and Commission urges the Exchange to work with the primary information vendors to ensure that the vendors disseminate the VWAP volumes as securities eligible for matching during the Session without the services of another person acting as administrative message before the opening of are listed on the NYSE, the VWAP matches will be broker.’’ 15 U.S.C. 78c(a)(3)(A). trading. reported on the Tape B network due to 44 15 U.S.C. 78f(c)(1). 49 As presently configured, the CTS consists of programming difficulties and project priorities. 45 If a non-member User’s give-up or three-way two tape systems: Tape A and Tape B. The Tape 50 Cf. The OptiMark System. See Securities agreement was terminated, the non-member User A network displays only NYSE symbol information Exchange Act Release No. 39086 (Sept. 17, 1997), would not be permitted to access the System. while Tape B displays information for issue listed 62 FR 50036 (Sept. 24, 1997). 46 15 U.S.C. 78k–1. on all other exchanges. Although each of the 51 17 CFR 240.11Aa3–2.

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.160 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15865 under the Act (‘‘Quote Rule’’).52 The Moreover, the Exchange has represented the Exchange to collect information Quote Rule requires a national securities that Exchange Specialists will not be pertaining to the operation and exchange to collect bids, offers, permitted to trade ahead of customers effectiveness of the System. The quotation sizes, and aggregate quotation because Exchange Floor Traders will be Commission requests that the Exchange sizes from ‘‘responsible brokers or last in terms of priority (e.g., Off-Floor use its ongoing research and dealers,’’ 53 for each reported security Liquidity Providers receive priority over surveillance to prepare a comprehensive listed or admitted to unlisted trading Floor Traders). In addition, the report that: (i) addresses the overall privileges and to make them available to Liquidity Rotation Parameter, or ‘‘anti- reliability of the System and identifies quotation vendors.54 A bid or offer is bully’’ rule is designed to ensure that any System outages or other technical defined in the Quote Rule as the ‘‘bid order flow is fairly allocated. The LRP problems, (ii) provides a summary of the price and offer price communicated by will include more Participants in the Exchange’s surveillance efforts an exchange member or OTC market matching process because the largest regarding the System and identifies any maker to any broker or dealer, or to any Orders and Commitments will be filled Exchange investigations or enforcement customer.’’ 55 To constitute a bid or in the course of several rotations rather actions involving the System; (iii) offer, therefore, the underlying trading than a single match. discusses the strategies employed by interest must have been communicated The Commission believes the market Users and Committers and evaluates to at least one other potential characteristics of the eligible stocks will whether the System is useful to market counterparty. Bids and offers are make it difficult to influence their intra- participants; (iv) provides feedback from intended to attract other parties to deal day prices and thus their final VWAP Exchange members and non-members with the person publishing the bid or values. Specifically, the 300 stocks regarding their experiences with the offer at the quoted price. In contrast, the eligible for System matching during the System; and (v) measures the System’s essence of the System is its anonymity. one year pilot are among the most impact and effect on trading in the Only the System is aware of the highly-capitalized and highly-liquid primary market of the eligible securities. expressed trading interest until the stocks listed on the NYSE. The In addition, because the Exchange has matching and trade execution occur. significant daily transaction activity in independently committed to prepare a Therefore, the System is not a each eligible stock should help to make report regarding the number of tape mechanism by which Participants it difficult and economically impractical corrections and how they affect the final broadcast prices to other Participants to influence their prices. As a caveat, VWAP values calculated by the and trade with one another at those the Commission observes that Exchange, that analysis should be prices. Accordingly, the Commission manipulation concerns would be included in the report. The Exchange is believes that the System does not violate heightened in the VWAP transaction requested to submit its report on the the Quote Rule. volume in an eligible security came to System no later than two months before The Commission also believes that the represent a substantial portion of the the end of the pilot period. matching algorithm and Liquidity overall transaction volume in such The Commission finds good cause for Rotation Parameter are appropriate ways security. The Commission expects the approving proposed Amendment Nos. 3 to ensure that Orders and Commitments Exchange to closely monitor the VWAP and 4 prior to the thirtieth day after the are matched in accordance with the trading volumes for each eligible date of publication of notice of filing priority principles of an auction market. security in relation to their overall thereof in the Federal Register. The The Commission believes that the trading volumes. The Commission Commission notes that Amendment No. priority principles of the matching believes that legitimate manipulation 3 revised the proposed rule change in algorithm will not give rise to practices concerns would arise if the VWAP several ways. First, the Exchange agreed that are inconsistent with Section 11(a) transaction volume in an eligible to operate the System as a facility of the of the Act.56 Specifically, the matching security exceeded 20% of the security’s Exchange for a one year pilot period. algorithm is designed to provide public daily transaction volume. The Commission believes it is order preference and public order Finally, the Commission believes it is appropriate for the Exchange to operate protection such that Exchange members appropriate that Orders and the System on a pilot basis for one year. must yield priority to non-members. Commitments will be exempt from the short sale ‘‘tick test’’ restrictions of The pilot period will provide the 52 17 CFR 240.11Ac1–1. Exchange Rule 455. Separate from this Exchange with the time necessary to 53 Rule 11Ac1–1 defines the term ‘‘responsible approval order, the Commission has evaluate the effectiveness of the System broker or dealer,’’ when used with respect to bids granted the Exchange exemptive relief and to identify and remedy any or offers communicated on an exchange, to mean from Rule 10a–1 under the Act.57 Under problems or difficulties that may ‘‘any member of such exchange who communicates develop in its operation. Based on the to another member on such exchange, to the the terms of the Rule 10a–1 exemptive location (or locations) designated by such exchange relief, Participants may enter results of the pilot period, the Exchange for trading in a covered [period] security, a bid or Commitments and Orders to sell short may propose an extension of the pilot offer for such covered [reported] security, as either eligible securities provided that certain period or seek permanent approval of principal or agent.’’ The Rule provides, however, the System. Second, the Exchange that if ‘‘two or more members of an exchange have conditions are satisfied. Therefore, the communicated on such exchange bids or offers for Commission believes it is appropriate agreed to limit the securities eligible for a covered [reported] security at the same price, each for the Exchange to likewise exempt matching through the System to 300 of such member shall be considered, a ‘responsible Participants from the short sale the most highly-liquid and highly- broker or dealer’ for that bid or offer, subject to the capitalized issues listed on the NYSE. rules of priority and precedence then in effect on restrictions that appear in Exchange that exchange.’’ Furthermore, if a member of the Rule 455. The Commission believes it is exchange represents as agent the transmitted bid or For the reasons discussed above, the reasonable for the Exchange to limit the offer of another exchange member, only the member Commission believes it is appropriate to universe of eligible securities to highly- representing the bid or offer as agent shall be approve the Exchange’s proposal for a liquid and highly-capitalized securities. considered the ‘‘responsible broker or dealer’’ for that bid or offer. 17 CFR 240.11Ac1–1(a)(21)(i). one year pilot period. As part of the The Commission believes that the prices 54 See 17 CFR 240.11Ac1–1(b). pilot process, the Commission expects of large, actively traded securities are 55 See 17 CFR 240.11Ac1–1(a)(4). difficult to impact, and that as a result, 56 15 U.S.C. 78k(a). 57 See Exemptive Relief Letter supra note 13. the System’s VWAP values should be

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.162 pfrm03 PsN: 01APN1 15866 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices less susceptible to manipulation. Third, than those that may be withheld from announces the Department of the Exchange clarified the definition of the public in accordance with the Transportation’s (DOT) intention to an ‘‘institution,’’ committed to prepare a provisions of 5 U.S.C. 552, will be request approval of the following report regarding the number of tape available for inspection and copying in collection of information. Interested corrections and how they affect the the Commission’s Public Reference parties are invited to send comments VWAP values calculated by the Section, 450 Fifth Street, NW., regarding any aspect of this information Exchange, and modified from 4:02 P.M. Washington, DC 20549. Copies of such collection, including: (1) the necessity to 4:01:30 P.M. the cut-off time designed filing will also be available for and utility of the information collection; to capture trade reporting run-off and inspection and copying at the principal (2) the accuracy of the estimated sales that occur at the close of regular office of the Exchange. All submissions burden; (3) ways to enhance the quality, trading. Because each of these revisions should refer to File No. SR–Phlx–96–14 utility, and clarity of the collected strengthens the proposal, the and should be submitted by April 22, information; and (4) ways to minimize Commission believes they are 1999. the collection burden without reducing appropriate modifications. V. Conclusion the quality of the collected information. In Amendment No. 4, the Exchange Comments submitted in response to this agreed to report pre-opening VWAP The Commission believes the notice will be summarized and/or volumes for each eligible security in Exchange’s proposal satisfies the included in the request for OMB which matches have been effected standards of the Act that apply to approval of this information collection. national securities exchanges. The during the Session. The Commission DATES: Comments must be received on believes it is appropriate for the Commission recognizes that investors or before June 1, 1999. Exchange to report VWAP volumes for desire to trade large blocks of securities ADDRESSES: Comments must refer to the eligible securities individually before anonymously and free of the price the start of regular trading. Despite the movements that often accompany such docket and notice numbers cited at the absence of a final price, the Commission transactions. By operating a facility that beginning of this notice and be believes that pre-opening volume prints allows investors to anonymously effect submitted to OST’s Docket Management will improve transparency and provide block-sized trades at the day’s volume Facility, located on the Plaza Level of valuable information to market weighted average price, the Exchange the Nassif Building at the U.S. participants. The Commission continues will be able to better accommodate the Department of Transportation, Room to believe that a single, aggregate VWAP needs of investors. PL–401, 400 Seventh Street, SW., volume print encompassing all eligible It is therefore ordered, pursuant to Washington, DC 20590–0001. The DOT securities, as previously proposed by Section 19(b)(2) of the Act,59 that the Docket is open to the public from 10 am the Exchange, provides little benefit to proposed rule change (SR–Phlx–96–14), to 5 pm, Monday through Friday. market participants. Amendment No. 4 as amended, is approved for a pilot FOR FURTHER INFORMATION CONTACT: also provided improved surveillance period ending March 24, 2000. Blane A. Workie, Office of the General Counsel, Department of Transportation, procedures. Although the surveillance For the Commission, by the Division of measures cannot be discussed in Market Regulation, pursuant to delegated 400 7th Street, SW., Room 10424, specific terms because of their authority.60 Washington, D.C. 20590, (202) 366– confidential nature, the Commission Margaret H. McFarland, 4723. believes the measures will strengthen Deputy Secretary. SUPPLEMENTARY INFORMATION: the oversight of the System and improve [FR Doc. 99–8061 Filed 3–31–99; 8:45 am] Office of the Secretary the proposal. Based on the above, the Commission BILLING CODE 8010±01±M Title: The DOT Final Rule on believes good cause exists, consistent Accessibility of Over-the-Road Buses. with Sections 6(b) and 19(b) of the OMB Control Number: 2100–NEW. Act,58 to accelerate approval of DEPARTMENT OF TRANSPORTATION Type of Request: Approval of a New Information Collection. Amendment Nos. 3 and 4 to the Office of the Secretary proposed rule change. Abstract: The Department of [Docket No. OST±98±3648] Transportation (DOT), in conjunction IV. Solicitation of Comments with the U.S. Architectural and Interested persons are invited to Reports, Forms and Recordkeeping Transportation Barriers Compliance submit written data, views, and Requirements; Agency Information Board, issued final access regulations arguments concerning Amendment Nos. Collection Activity Under OMB Review for privately-operated over-the-road 3 and 4 to the proposal, including AGENCY: Office of the Secretary, DOT. buses (OTRBs) as required by the whether the proposed rule change as Americans with Disability Act (ADA) of ACTION: Notice of request for comments. amended is consistent with the Act. 1990. The final rule has four different Persons making written submissions SUMMARY: Under the Paperwork recordkeeping/reporting requirements. should file six copies thereof with the Reduction Act of 1995 (44 U.S.C. The first has to do with 48 hour advance Secretary, Securities and Exchange Chapter 35, as amended), before an notice and compensation. The second Commission, 450 Fifth Street, NW., agency submits a proposed collection of has to do with equivalent service and Washington, DC 20549–0609. Copies of information to OMB for approval, it compensation. The third has to do with the submissions, all subsequent must publish a document in the Federal reporting information on ridership on amendment, all written statements with Register providing a 60-day comment accessible fixed-route buses. The fourth respect to the proposed rule change that period and otherwise consult with has to do with reporting information on are filed with the Commission, and all members of the public and affected the purchase and lease of accessible and written communications relating to the agencies concerning each proposed inaccessible new and used buses. The proposed rule change between the collection of information. This notice purpose of the information collection Commission and any persons, other requirements is to provide data that the 59 15 U.S.C. 78s(b)(2). Department can use in its regulatory 58 15 U.S.C. 78f(b) and 78s(b). 60 17 CFR 200.30–3(a)(12). review and to assist the Department in

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.163 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15867 its oversight of compliance by bus (high estimate) hours for each of the Frequency: 18 times (low estimate) companies. 3,448 respondents. and 28 times (high estimate) in initial (1)(A) Requirement to fill out a form Estimated Total Annual Burden: year. each time there is an advance notice 6,551 (low estimate) to 9,999 (high (2)(D) Requirement to submit a request. estimate) hours. summary of its form to DOT. Respondents: Demand-responsive (i.e. Frequency: 15 times (low estimate) Respondents: Small fixed route charter/tour service) operators. Fixed and 23 times (high estimate) in initial operators who choose to provide route companies before fleet becomes year. equivalent service to passengers with fully accessible. Small mixed service (1)(E) Requirement to submit a disabilities. operators that choose to provide 48 hour summary of its form to DOT. Estimated Annual Burden on notice. Respondents: Demand-responsive (i.e. Respondents: 35.4 hours for each of the Estimated Annual Burden on charter/tour service) operators. Fixed 215 respondents. Respondents: 3.3 (low estimate) to 5.0 route companies before fleet becomes Estimated Total Annual Burden: (high estimate) hours for each of the fully accessible. Small mixed service 7,611 hours. 3,448 respondents. operators that choose to provide 48 hour Frequency: Submit summary to DOT Estimated Total Annual Burden: notice. annually. 11,378 (low estimate) to 17,240 (high Estimated Annual Burden on (3) Requirement to submit a report to estimate) hours. Respondents: 35.4 hours for each of the DOT on ridership on accessible fixed Frequency: 15 times (low estimate) 3,448 respondents. route buses. and 23 times (high estimate) in initial Estimated Total Annual Burden: Respondents: Fixed route operators. year. 122,059 hours. Estimated Annual Burden on (1)(B) Requirement to provide a copy Frequency: Submit summary to DOT Respondents: 35.4 hours for each of the of the form to the passenger when the annually. 448 respondents. operator receives a request for accessible (2)(A) Requirement to fill out a form Estimated Total Annual Burden: bus service. each time fixed route operator provides Respondents: Demand-responsive (i.e. 15,859 hours. equivalent service. Frequency: Submit report to DOT charter/tour service) operators. Fixed Respondents: Small fixed route route companies before fleet becomes annually. operators who choose to provide (4) Requirement to submit a report to fully accessible. Small mixed service equivalent service to passengers with operators that choose to provide 48 hour DOT listing the number of accessible disabilities. and inaccessible new and used buses it notice. Estimated Annual Burden on Estimated Annual Burden on has purchased or leased, as well as the Respondents: 4.0 (low estimate) to 6.3 Respondents: 3.2 (low estimate) to 4.8 total numbers of buses in operators’ (high estimate) hours for each of the 215 hours (high estimate) for each of the fleets. respondents. 3,448 respondents. Respondents: All operators. Estimated Total Annual Burden: 860 Estimated Total Annual Burden: Estimated Annual Burden on (low estimate) to 1,355 (high estimate) 11,034 (low estimate) to 16,550 (high Respondents: 35.4 hours for each of the estimate) hours. hours. 3,448 respondents. Frequency: 15 times (low estimate) Frequency: 18 times (low estimate) Estimated Total Annual Burden: and 23 times (high estimate) in initial and 28 times (high estimate) in initial 122,059 hours. year. year. Frequency: Submit report to DOT (1)(C) Requirement to provide a copy (2)(B) Requirement to provide one annually. of the form to the passenger on the copy of the form to the passenger. The estimated total annual burden scheduled date of trip if the requested Respondents: Small fixed route resulting from the collection of accessible bus was not provided. operators who choose to provide information in the DOT Final Rule on Respondents: Demand-responsive (i.e. equivalent service to passengers with Accessibility of Over-the-Road Buses is charter/tour service) operators. Fixed disabilities. between 298,682 hours (low estimate) to route companies before fleet becomes Estimated Annual Burden on 315,001 hours (high estimate). fully accessible. Small mixed service Respondents: 3.8 (low estimate) to 5.9 (high estimate) hours for each of the 215 Issued in Washington, DC, on March 25, operators that choose to provide 48 hour 1999. respondents. notice. Vanester M. Williams, Estimated Annual Burden on Estimated Total Annual Burden: 409 (low estimate) to 1269 (high estimate) Clearance Officer, United States Department Respondents: 0.3 (low estimate) to 0.5 of Transportation. hours (high estimate) for each of the hours. [FR Doc. 99–8012 Filed 3–31–99; 8:45 am] 3,448 respondents. Frequency: 18 times (low estimate) Estimated Total Annual Burden: 1034 and 28 times (high estimate) in initial BILLING CODE 4910±62±P (low estimate) to 1724 (high estimate) year. (2)(C) Requirement to retain copy for hours. DEPARTMENT OF TRANSPORTATION Frequency: 1 time (low estimate) to 2 5 years. Respondents: Small fixed route times (high estimate) in initial year. Federal Aviation Administration (1)(D) Requirement to retain one copy operators who choose to provide of the form for 5 years. equivalent service to passengers with RTCA, Inc.; Government Industry Free Respondents: Demand-responsive (i.e. disabilities. Flight Steering Committee charter/tour service) operators. Fixed Estimated Annual Burden on route companies before fleet becomes Respondents: 2.3 (low estimate) to 3.6 Pursuant to section 10(a)(2) of the fully accessible. Small mixed service (high estimate) hours for each of the 215 Federal Advisory Committee Act (Pub. operators that choose to provide 48 hour respondents. L. 92–463, 5 U.S.C., Appendix 2), notice notice. Estimated Total Annual Burden: is hereby given for an RTCA Estimated Annual Burden on 494.5 (low estimate) to 774 (high Government/Industry Free Flight Respondents: 1.9 (low estimate) to 2.9 estimate) hours. Steering Committee meeting to be held

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April 22, 1999, starting at 1 p.m. The With the approval of the chairman, County, Maryland under § 158.23 of part meeting will be held at the Federal members of the public may present oral 158. Aviation Administration, 800 statements at the meeting. Persons FOR FURTHER INFORMATION CONTACT: Independence Avenue, SW., wishing to present statements or obtain Arthur Winder, Program Manager, Washington, DC, 20591, in Conference information should contact the RTCA Washington Airport District Office, PO Room 9ABC (ninth floor). Secretariat, 1140 Connecticut Avenue, Box 16780, Washington, DC 20041– The agenda will include: (1) Welcome NW., Suite 1020, Washington, DC 6780, (703) 661–1363. The application and Opening Remarks; (2) Review of 20036; (202) 833–9339 (phone); (202) may be reviewed in person at this same Summary of the Previous Meeting; (3) 833–9434 (fax); or http://www.rtca.org location. Free Flight Phase 1; (4) Report from (web site). Members of the public may SUPPLEMENTARY INFORMATION: The FAA FAA Office of Communications, present a written statement to the proposes to rule and invites public Navigation, Surveillance on (a) committee at any time. comment on the application to impose Integrated Data Link Schedule and (b) Issued in Washington, DC, on March 25, and use a PFC at Hagerstown Regional Safe Flight 21; (5) Reports and 1999. Airport—Richard A. Henson Field recommendations from the Free Flight Janice L. Peters, under the provisions of the Aviation Select Committee; (6) Other Business; Designated Official. Safety and Capacity Expansion Act of (7) Date and Location of Next Meeting; [FR Doc. 99–8023 Filed 3–31–99; 8:45 am] 1990 (Title IX of the Omnibus Budget (8) Closing Remarks. Reconciliation Act of 1990) (Pub. L. Attendance is open to the interested BILLING CODE 4910±13±M 101–508) and Part 158 of the Federal public but limited to space availability. Aviation Regulations (14 CFR part 158). With the approval of the co-chairmen, DEPARTMENT OF TRANSPORTATION On January 28, 1999, the FAA members of the public may present oral determined that the application to statements at the meeting. Persons Federal Aviation Administration impose and use a PFC submitted by wishing to present statements or obtain Board of County Commissioners of Notice of Intent To Rule on Application information should contact the RTCA, Washington County, Maryland was (99±01±C±00±HGR) To Impose and Use Inc., at (202) 833–9339 (phone), (202) substantially complete within the a Passenger Facility Charge (PFC) at 833–9434 (facsimile), or requirements of § 158.25 of part 158. Hagerstown Regional AirportÐRichard [email protected] (e-mail). Members of The FAA will approve or disapprove the A. Henson Field, Hagerstown, MD the public may present a written application, in whole or in part, no later statement at any time. AGENCY: Federal Aviation than April 30, 1999. Issued in Washington, DC, on March 25, Administration (FAA), DOT. The following is a brief overview of 1999. ACTION: Notice of intent to rule on the application. Janice L. Peters, application. PFC Application No.: 99–01–C–00– Designated Official. HGR. [FR Doc. 99–8013 Filed 3–31–99; 8:45 am] SUMMARY: The FAA proposes to rule and Level of the proposed PFC: $3.00. BILLING CODE 4910±13±M invites public comment on the Proposed charge effective date: July 1, application to impose and use a 1999. passenger facility charge (PFC) at Proposed charge expiration date: DEPARTMENT OF TRANSPORTATION Hagerstown Regional Airport—Richard November 1, 2003. A. Henson Field under the provisions of Total estimated PFC revenue: Federal Aviation Administration the Aviation Safety and Capacity $360,000. Expansion Act of 1990 (Title IX of the Brief description of proposed RTCA Special Committee 135; Omnibus Budget Reconciliation Act of project(s): Environmental Conditions and Test 1990) (Pub. L. 101–508) and part 158 of Construct Snow and Equipment Procedures for Airbone Equipment the Federal Aviation Regulations (14 Maintenance Building (Impose Only) Pursuant to section 10(a)(2) of the CFR part 158). Purchase Handicap Lift Device (Impose Federal Advisory Committee Act (Pub. DATES: Comments must be received on & Use) L. 92–463, 5 U.S.C., Appendix 2), notice or before May 3, 1999. Acquire Rotary Plow (Impose & Use) is hereby given for Special Committee ADDRESSES: Comments on this Rehabilitate Taxiway G Edge Lighting (SC)–135 meeting to be held April 15– application may be mailed or delivered System (Alternate Project) 16, 1999, starting at 9:00 a.m. The in triplicate to the FAA at the following Class or classes of air carriers which meeting will be held at RTCA, 1140 address: Arthur Winder, Project the public agency has requested not be Connecticut Avenue, NW., Suite 1020, Manager, Washington Airports District required to collect PFCs: Air Charter. Washington, DC 20036. Office, PO Box 16780, Washington, DC Any person may inspect the The agenda will include: (1) 20041–6780. application in person at the FAA office Chairman’s Opening Remarks; (2) In addition, one copy of any listed above under FOR FURTHER Introductions; (3) Review and Approval comments submitted to the FAA must INFORMATION CONTACT. of Minutes of the Previous Meeting; (4) be mailed or delivered to Carolyn S. In addition, any person may, upon Review Section 8 Proposed Changes; (5) Motz, Airport Manager, Board of County request, inspect the application, notice Review Section 16 Proposed Changes; Commissioners of Washington County, and other documents germane to the (6) Review Status of Section 20 Working Maryland at the following address: application in person at the FAA Group; (7) Develop a Milestone Hagerstown Regional Airport—Richard Regional Airports Office located at: Schedule for Release of DO–160D A. Henson Field, 18434 Showalter Road, Fitzgerald Federal Building, #111, John Change 1; (8) New/Unfinished Business; Hagerstown, Maryland 21742–1347. F. Kennedy International Airport, (9) Establish Date for Next Meeting; (10) Air carriers and foreign air carriers Jamaica, New York, 11430. Closing. may submit copies of written comments In addition, any person may, upon Attendance is open to the interested previously provided to the Board of request, inspect the application, notice public but limited to space availability. County Commissioners of Washington and other documents germane to the

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.243 pfrm03 PsN: 01APN1 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15869 application in person at the Hagerstown to 5:00 p.m., Monday through Friday, on the topics under discussion. Anyone Regional Airport—Richard A. Henson except on Federal holidays. wishing to make an oral statement must Field. FOR FURTHER INFORMATION CONTACT: L.E. notify Peggy Thompson, Room 7128, Issued in Washington, DC, 20041–6780, Herrick, OPS, (202) 366–5523 or Department of Transportation, Nassif March 18, 1999. Richard Huriaux, OPS, (202) 366–4565, Building, 400 Seventh Street, SW, Terry J. Page, regarding the subject matter of this Washington, DC 20590, telephone (202) 366–1933, not later than April 15, 1999, Manager, Washington Airports District Office. notice. SUPPLEMENTARY INFORMATION: On May 4, on the topic of the statement and the [FR Doc. 99–8016 Filed 3–31–99; 8:45 am] time requested for presentation. The BILLING CODE 4910±13±M 1999, at 9:00 a.m., the Technical Hazardous Liquid Pipeline Safety presiding officer at each meeting may Standards committee will meet in room deny any request to present an oral statement and may limit the time of any DEPARTMENT OF TRANSPORTATION 8236 of the Nassif Building. The preliminary agenda includes: presentation. Research and Special Programs Authority: 49 U.S.C. 60102, 60115. Administration (RSPA) 1. OPS Reorganization Issued in Washington, DC on March 26, 1999. 2. Update on Usually Sensitive Areas [Docket No. RSPA±98±4470] Richard B. Felder, (USA) Associate Administrator for Pipeline Safety. 3. Pressure Testing of Older Hazardous Pipeline Safety: Meetings of Pipeline [FR Doc. 99–7979 Filed 3–31–99; 8:45 am] Safety Advisory Committees Liquid Pipelines and Terminals 4. Overview of the OPA Program BILLING CODE 4910±60±P AGENCY: Office of Pipeline Safety, 5. Liquid Data Team Report Research and Special Programs On May 4, 1999, at 11:30 a.m., the DEPARTMENT OF TRANSPORTATION Administration, DOT. THLPSSC will be joined by members of ACTION: Notice of advisory committee the TPSSC for a joint session of the gas Surface Transportation Board and hazardous liquid pipeline advisory meetings. [STB Finance Docket No. 33725] committees. The preliminary agenda SUMMARY: Pursuant to section 10(a)(2) of includes: CSX Transportation, Inc.ÐTrackage the Federal Advisory Committee Act 1. Qualification of Pipeline Personnel Rights ExemptionÐConsolidated Rail (Pub. L. 92–463, 5 U.S.C. App. 1) notice 2. Training Report: Pipeline Employee Corporation is hereby given of the following Performance Group (PEPG), Training meetings of the Technical Pipeline of Minerals Management Service Consolidated Rail Corporation Safety Standards Committee (TPSSC) Personnel, and the Transportation (Conrail), has agreed to grant overhead and the Technical Hazardous Liquid Safety Institute (TSI) Curriculum trackage rights to CSX Transportation, Pipeline Safety Standards Committee 3. Compliance Program Directions: Inc., (CSXT), to operate its trains, (THLPSSC). Both the TPSSC and the Inspection Procedures, Policy, and locomotives, cars and equipment with THLPSSC are statutorily mandated Federal/State Relationship CSXT’s own crews over Conrail’s Olin advisory committees that assist RSPA’s 4. Gas and Hazardous Liquid Pipeline Running Track between the Conrail/ ± Office of Pipeline Safety in its Repair CSXT connection at milepost 0.5 and ± consideration of proposed safety 5. System Integrity Inspection Pilots milepost 0.0 ; and (2) Conrail’s Pekin ± standards, risk assessments, and safety 6. Marking of Water Crossings Running Track between milepost 0.0 policies for hazardous liquid and 7. National Pipeline Mapping System and the limits of trackage being leased natural gas pipelines. Each committee 8. Risk Management Demonstration by CSXT at the connection to Conrail’s has an authorized membership of 15 9. Corrosion Control on Gas and Hillery Yard at milepost 1.85± in persons, five each from government, Hazardous Liquid Pipelines Danville, IL,1 a distance of industry, and the public. The 10. Cost-Benefit Analysis Framework approximately 1.9 miles, including committees meet in May and November Working Group necessary head and tail room. of each year. Each Committee meeting, 11. Random Drug Testing Rates As noted in the agreement attached to as well as a joint session of the two 12. Underground Damage Prevention CSXT’s notice of exemption, this Committees, is held at the Department Activities: Damage Quality Action trackage rights arrangement is only of Transportation, Nassif Building, 400 Team (DAMQAT) and One Call Best temporary. The Conrail trackage that is Seventh Street, SW, Washington, DC Practices Study the subject of the trackage rights is to be 20590. The May 4–5, 1999, meetings On May 5, 1999, from 9:00 a.m. to allocated to Conrail’s subsidiary, New will be held in room 8236. 11:30 a.m., the Technical Pipeline York Central Lines LLC, and operated by CSXT, after what is referred to as the ADDRESSES: Comments on these Safety Standards Committee will meet. The preliminary agenda includes: ‘‘Split Date,’’ or the date of the division meetings should be sent to the Dockets of Conrail’s assets, as authorized by the 1. Gas Gathering Lines Facility, U.S. Department of Board in CSX Corporation and CSX 2. Remotely Controlled Valves on Transportation, Plaza 401, 400 Seventh Transportation, Inc., Norfolk Southern Street, SW, Washington, DC 20590– Natural Gas Pipeline Facilities 3. Adoption of Industry Standards for Corporation and Norfolk Southern 0001. Alternatively, comments may be Railway Company—Control and e-mailed to Liquefied Natural Gas (LNG) 4. Plastic Pipeline Safety Standards and Operating Leases/Agreements—Conrail [email protected]. All Inc., and Consolidated Rail Corporation, comments must reference Docket No. Research 5. Risk Management Local Distribution STB Finance Docket No. 33388 (STB RSPA–98–4470. The Dockets Facility is served July 23, 1998). CSXT states that located on the plaza level of the Nassif Company (LDC) Initiative Building in Room 401, 400 Seventh All three meetings will be open to the 1 Under a separate agreement, CSXT is leasing Street, SW, Washington, DC. The public. Members of the public will have approximately 18,850 feet of yard track in Conrail’s Dockets Facility is open from 10:00 a.m. an opportunity to make short statements Hillery Yard for storage of railroad cars.

VerDate 23-MAR-99 10:58 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\A01AP3.245 pfrm03 PsN: 01APN1 15870 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices it expects the Split Date to occur on DEPARTMENT OF THE TREASURY Adjustment and Investment Program, June 1, 1999. The parties intend for the Advisory Committee, Department of the trackage rights to terminate on the Split Domestic Finance; Notice of Open Treasury, 1500 Pennsylvania Avenue, Date, but if the Split Date does not occur Meeting of the Advisory Committee NW, Room 3041, Washington, DC 20220 before June 30, 1999, the parties’ U.S. Community Adjustment and no later than April 2, 1999. If you have agreement provides for termination of Investment Program any questions, please call Dan Decena at the trackage rights on June 30, 1999. The Department of the Treasury, (202) 622–0637 (Please note that this Accordingly, on March 25, 1999, CSXT pursuant to the North American Free telephone number is not toll-free.) filed a petition for exemption in STB Trade Agreement (‘‘NAFTA’’) Lee Sachs, Finance Docket No. 33725 (Sub/No. 1), Implementation Act (Pub. L. No. 103– Deputy Assistant Secretary, Government CSX Transportation, Inc.—Trackage 182), established an advisory committee Financial Policy. Rights Exemption—Consolidated Rail (the ‘‘Advisory Committee’’) for the [FR Doc. 99–7866 Filed 3–31–99; 8:45 am] Corporation, requesting that the Board community adjustment and investment BILLING CODE 4810±70±P permit the proposed overhead trackage program (the ‘‘Program’’). The Program rights arrangement described in the provides financing in communities DEPARTMENT OF THE TREASURY present proceeding to expire on the adversely impacted by NAFTA to create or preserve jobs. The charter of the Split Date or June 30, 1999, whichever Customs Service occurs first. That petition will be Advisory Committee has been filed in accordance with the Federal Advisory addressed by the Board in a separate [T.D. 99±31] decision. Committee Act of October 6, 1972 (Pub. L. No. 92–463), with the approval of the Tuna FishÐTariff-Rate Quota The transaction was scheduled to be Secretary of the Treasury. consummated on March 19, 1999. The Advisory Committee consists of The tariff-rate quota for Calendar Year nine members of the public, appointed The purpose of the trackage rights is 1999, on tuna classifiable under by the President, who collectively to allow CSXT to access the tracks it is subheading 1604.14.20, Harmonized represent: (1) Community groups whose leasing from Conrail in Hillery Yard. Tariff Schedule of the United States constituencies include low-income As a condition to this exemption, any (HTSUS). families; (2) scientific, professional, employees affected by the trackage business, nonprofit, or public interest AGENCY: Customs Service, Department rights will be protected by the organizations or associations, which are of the Treasury. conditions imposed in Norfolk and neither affiliated with, nor under the ACTION: Western Ry. Co.—Trackage Rights—BN, direction of, a government; and (3) for- Announcement of the quota 354 I.C.C. 605 (1978), as modified in profit business interests. There are quantity for tuna for Calendar Year Mendocino Coast Ry., Inc.-Lease and currently two vacancies in the Advisory 1999. Operate, 350 I.C.C. 753 (1980). Committee. SUMMARY: Each year the tariff-rate quota This notice is filed under 49 CFR The objectives of the Advisory Committee are to: (1) provide informed for tuna fish described in subheading 1180.2(d)(7). It it contains false or 1604.14.20, HTSUS, is based on the misleading information, the exemption advice to the President regarding the implementation of the Program; and (2) United States canned tuna production is void ab initio. Petitions to revoke the for the preceding calendar year. This exemption under 49 U.S.C. 10502(d) review on a regular basis, the operation of the Program, and provide the document sets forth the quota for may be filed at any time. The filing of calendar year 1999. a petition to revoke will not President with the conclusions of its review. Pursuant to Executive Order No. automatically stay the transaction. EFFECTIVE DATES: The 1999 tariff-rate 12916, dated May 13, 1994, the quota is applicable to tuna fish entered, An original and 10 copies of all President established an interagency or withdrawn from warehouse, for pleadings, referring to STB Finance committee to implement the Program consumption during the period January Docket No. 33725, must be filed with and to receive, on behalf of the 1, through December 31, 1999. the Surface Transportation Board, Office President, advice of the Advisory FOR FURTHER INFORMATION CONTACT: of the Secretary, Case Control Unit, 1925 Committee. The committee is chaired by K Street, NW, Washington, DC 20423– the Secretary of the Treasury. Cynthia Porter, Chief, Quota, Import 0001. In addition, one copy of each A meeting of the Advisory Committee, Operations, Trade Compliance, Office of pleading must be served on Charles M. which will be open to the public, will Field Operations, U.S. Customs Service, Rosenberger, Senior Counsel, CSX be held in Washington, DC at the Washington, DC 20229, (202) 927–5399. Transportation, Inc., 500 Water Street, Madison Hotel, Executive Chambers, Background J–150, Jacksonville, FL 32202. 15th and M Streets, NW, Washington, DC 20005 (Tel. 202–862–1600) from 9 It has now been determined that Board decisions and notices are a.m. to 4 p.m. on Friday, April 16, 1999. 32,697,510 kilograms of tuna may be available on our website at The meeting room will accommodate entered for consumption or withdrawn ‘‘WWW.STB.DOT.GOV.’’ approximately 75 persons and seating is from warehouse for consumption during Decided: March 26, 1999. available on a first-come, first-serve the Calendar Year 1999, at the rate of 6 By the Board, David M. Konschnik, basis, unless space has been reserved in percent ad valorem under subheading Director, Office of Proceedings. advance. Due to limited seating, 1604.14.20, HTSUS. Any such tuna Vernon A. Williams, prospective attendees are encouraged to which is entered, or withdrawn from contact the person listed below prior to warehouse, for consumption during the Secretary. April 9, 1999. If you would like to have current calendar year in excess of this [FR Doc. 99–8128 Filed 3–31–99; 8:45 am] the Advisory Committee consider a quota will be dutiable at the rate of 12.5 BILLING CODE 4915±00±M written statement, material must be percent ad valorem under subheading submitted to the U.S. Community 1604.14.30 HTSUS.

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Dated: March 24, 1999. Estimated Total Annual Burden suggested that meeting attendees enter Raymond W. Kelly, Hours: 19,500. the building through the Constitution Commissioner. Comments: Comments submitted in Avenue entrance. A summarized [FR Doc. 99–8033 Filed 3–31–99; 8:45 am] response to this notice will be version of the agenda along with a list BILLING CODE 4820±02±P summarized and/or included in the of topics that are planned to be request for Office of Management and discussed are listed below. Budget approval. All comments will Summarized Agenda for Meeting on DEPARTMENT OF THE TREASURY become a matter of public record. Comments are invited on: (a) Whether April 28, 1999 Fiscal Service the collection of information is Wednesday, April 28, 1999 necessary for the proper performance of 9:00—Meeting Opens Financial Management Service; the functions of the agency, including 11:30—Break for Lunch Proposed Collection of Information: whether the information shall have Annual LetterÐCertification of 1:00—Meeting Resumes practical utility; (b) the accuracy of the 5:00—Meeting Adjourns Authority agency’s estimate of the burden of the collection of information; (c) ways to The topics that are planned to be AGENCY: Financial Management Service, covered are as follows: Fiscal Service, Treasury. enhance the quality, utility, and clarity of the information to be collected; (d) (1) Counting the Number of B–12 ACTION: Notice and request for ways to minimize the burden of the Notices comments. collection of information on (2) Schedule K–1 (Form 1065) SUMMARY: The Financial Management respondents, including through the use Substitute Statements Service, as part of its continuing effort of automated collection techniques or (3) Distributions from Conduit IRAs of to reduce paperwork and respondent other forms of information technology; Former U.S. Residents and NRA burden, invites the general public and and (e) estimates of capital or start-up Withholding Rules other Federal agencies to take this costs and costs of operation, (4) Revision of the Form 5472 opportunity to comment on a maintenance and purchase of services to (5) Changes to IRS Instructions to continuing information collection. By provide information. Clarify Education IRA Reporting Requirements this notice, the Financial Management Dated: March 25, 1999. Service solicits comments concerning (6) Resolving Excess Contributions in a Judith R. Tillman, Roth IRA after the Tax Filing Deadline the form ‘‘Annual Letter—Certification Assistant Commissioner. of Authority.’’ (7) Qualified Settlement Fund Proposed [FR Doc. 99–8038 Filed 3–31–99; 8:45 am] Guidance DATES: Written comments should be BILLING CODE 4810±35±M (8) Form 1441 Requirements and the received on or before June 1, 1999. Form W–9 ADDRESSES: Direct all written comments (9) Follow-up on Combined Filing of to Financial Management Service, 3361– DEPARTMENT OF TREASURY Information Returns by Paying Agents L 75th Avenue, Landover, Maryland Internal Revenue Service (10) Follow-up on Guidance on 20785. Claiming Exemptions on Form W–4— FOR FURTHER INFORMATION CONTACT: Information Reporting Program Frivolous Non-Filers Requests for additional information or Advisory Committee; Notice of Meeting (11) IRS Update on Martinsburg copies of the form(s) and instructions Computing Center Initiatives should be directed to the Surety Bond AGENCY: Internal Revenue Service (IRS), (12) IRS Update on Electronic Tax Branch, 3700 East-West Highway, Treasury. Administration IRP Initiatives Hyattsville, Maryland 20782, (202) 874– ACTION: Notice of open meeting of the (13) IRS Update on HOPE Credit/ 6850. Information Reporting Program Lifetime Learning Credit SUPPLEMENTARY INFORMATION: Pursuant Advisory Committee. Note: Last minute changes to these topics to the Paperwork Reduction Act of 1995 SUMMARY: In 1991 the IRS established are possible and could prevent advance (44 U.S.C. 3506(c)(2)(A)), the Financial notice. Management Service solicits comments the Information Reporting Program SUPPLEMENTARY INFORMATION: on the collection of information Advisory Committee (IRPAC) in IRPAC described below. response to a recommendation made by reports to the National Director, Office Title: Annual Letter—Certification of the United States Congress. The primary of Specialty Taxes, who is the executive Authority. purpose of IRPAC is to provide an responsible for information reporting OMB Number: 1510–0057. organized public forum for discussion of payer compliance. Form Number: None. relevant information reporting issues IRPAC is instrumental in providing Abstract: This letter is used to collect between the officials of the IRS and advice to enhance the IRP Program. information from companies to representatives of the payer/practitioner Increasing participation by external determine their acceptability and community. IRPAC offers constructive stakeholders in the planning and solvency to write or reinsure federal observations about current or proposed improvement of the tax system will help surety bonds. policies, programs, and procedures and, achieve the goals of increasing Current Actions: Extension of when necessary, suggests ways to voluntary compliance, reducing burden, currently approved collection. improve the operation of the and improving customer service. IRPAC Type of Review: Regular. Information Reporting Program (IRP). is currently comprised of 20 Affected Public: Businesses or other There will be a meeting of IRPAC on representatives from various segments for-profit. Wednesday, April 28, 1999. The of the information reporting payer/ Estimated Number of Respondents: meeting will be held in Room 126 of the practitioner community. IRPAC 312. Senate Dirksen Office Building, which members are not paid for their time or Estimated Time Per Respondent: 62 is located at Constitution Avenue and services, but consistent with Federal hours 30 minutes. 1st Street, NE., Washington, DC. It is regulations, they are reimbursed for

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Corrections Federal Register Vol. 64, No. 62

Thursday, April 1, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF THE INTERIOR Wednesday, March 17, 1999, make the contains editorial corrections of previously following correction(s): published Presidential, Rule, Proposed Rule, National Park Service 1. On page 13142, in the third and Notice documents. These corrections are column, in the fourth line ‘‘fro’’ should prepared by the Office of the Federal Notice of Inventory Completion for read ‘‘for’’. Register. Agency prepared corrections are Native American Human Remains and issued as signed documents and appear in 2. On page 13143, in the first column, Associated Funerary Objects in the under the heading Withdrawal of the appropriate document categories Possession of the National Park elsewhere in the issue. Proposal, in the 11th line, ‘‘or’’ should Service, Pecos National Historical read ‘‘of’’. Park, Pecos, NM [FR Doc. C9–6467 Filed 3–31–99; 8:45 am] DEPARTMENT OF THE INTERIOR Correction BILLING CODE 1505±01±D In notice document 99–6658, Bureau of Land Management beginning on page 13444, in the issue of DEPARTMENT OF THE TREASURY Thursday, March 18, 1999, make the [WY±930±4210±06; WYW 147234, WYW following correction: Internal Revenue Service 142433] On page 13447, in the second column, the sixth line from the bottom, ‘‘[thirty 26 CFR Parts 54 and 602 Notice of Proposed Withdrawal and days after publication in the Federal Opportunity for Public Meeting; Register]’’ should read ‘‘April 19, 1999’’. [TD 8812] [FR Doc. C9–6658 Filed 3–31–99; 8:45 am] Cancellation of Proposed Withdrawal; RIN 1545-AI93 Wyoming BILLING CODE 1505±01±D Continuation Coverage Requirements Correction Applicable to Group Health Plans DEPARTMENT OF THE TREASURY In notice document 99–5085 Correction beginning on page 10720 in the issue of Customs Service Friday, March 5, 1999, make the In rule document 99–1520 beginning following correction: 19 CFR Part 146 on page 5160, in the issue of Wednesday, February 3, 1999, make the RIN 1515-AC05 On page 10720, in the third column, following correction: under Sixth Principal Meridian, Weekly Entry Procedure for Foreign On page 5161, in the second column, Wyoming, in the 11th line, ‘‘M1⁄2’’ Trade Zones in the footnote, the second line from the should read ‘‘N1⁄2’’. bottom, ‘‘International’’ should read [FR Doc. C9–5085 Filed 3–31–99; 8:45 am] Correction ‘‘Internal’’. BILLING CODE 1505±01±D In proposed rule document 99–6467, [FR Doc. C9–1520 Filed 3–31–99; 8:45 am] beginning on page 13142, in the issue of BILLING CODE 1505±01±D

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NUCLEAR REGULATORY Public Document Room, 2120 L Street and the General Fund. For FY 1999, the COMMISSION NW (Lower Level), Washington, DC NRC’s budget authority is $469.8 20555–0001. Comments received may million, of which $17.0 million has 10 CFR Parts 170 and 171 also be viewed and downloaded been appropriated from the NWF. In electronically via the interactive addition, $3.2 million has been RIN 3150±AG08 rulemaking website established by the appropriated from the General Fund for Revision of Fee Schedules; 100% Fee NRC for this rulemaking. activities related to regulatory reviews Recovery, FY 1999 FOR FURTHER INFORMATION CONTACT: and other assistance provided to the Glenda Jackson, Office of the Chief DOE and other Federal agencies. The AGENCY: Nuclear Regulatory Financial Officer, U.S. Nuclear NRC’s FY 1999 Appropriations Act Commission. Regulatory Commission, Washington, states that this $3.2 appropriation shall ACTION: Proposed rule. DC 20555–0001, Telephone 301–415– be excluded from license fee revenues. 6057. Therefore, the NRC is required to collect SUMMARY: The Nuclear Regulatory SUPPLEMENTARY INFORMATION: approximately $449.6 million in FY Commission (NRC) is proposing to I. Background. 1999 through 10 CFR part 170 licensing amend the licensing, inspection, and II. Proposed Action. and inspection fees and 10 CFR part 171 annual fees charged to its applicants III. Plain Language. annual fees. The total amount to be and licensees. The proposed IV. Environmental Impact: Categorical recovered in fees for FY 1999 is $5.2 amendments are necessary to Exclusion. million less than the amount estimated implement the Omnibus Budget V. Paperwork Reduction Act Statement. for recovery in the NRC’s FY 1998 fee Reconciliation Act of 1990 (OBRA–90), VI. Regulatory Analysis. rule. as amended, which mandates that the VII. Regulatory Flexibility Analysis. VIII. Backfit Analysis. The reduced budgeted costs to be NRC recover approximately 100 percent recovered through fees for FY 1999 of its budget authority in Fiscal Year I. Background reflect several actions taken by the NRC. (FY) 1999, less amounts appropriated Public Law 101–508, the Omnibus These actions include strategic from the Nuclear Waste Fund (NWF) Budget Reconciliation Act of 1990 planning, downsizing, and a more and the General Fund. The amount to be (OBRA–90), enacted November 5, 1990, aggressive policy on seeking recovered for FY 1999 is approximately requires that the NRC recover reimbursement for performing services $449.6 million. approximately 100 percent of its budget that are not a required part of the DATES: The comment period expires authority, less the amount appropriated agency’s statutory mission. For example, May 3, 1999. Comments received after from the Department of Energy (DOE) for FY 1999, the NRC entered into an this date will be considered if it is administered Nuclear Waste Fund agreement with the U. S. Agency for practical to do so, but the NRC is able (NWF), for FYs 1991 through 1995 by International Development to fund to ensure only that comments received assessing fees. OBRA–90 was amended NRC’s staff costs associated with on or before this date will be in 1993 to extend the NRC’s 100 percent providing nuclear safety assistance to considered. Because OBRA–90 requires fee recovery requirement through 1998. the countries of the former Soviet that NRC collect the FY 1999 fees by In 1998 OBRA–90 was amended to Union. As a result, NRC licensees are September 30, 1999, requests for extend the NRC’s 100 percent fee not required to pay for the costs of this extensions of the comment period will recovery requirement through FY 1999. activity in FY 1999. These costs were not be granted. The NRC assesses two types of fees to previously included in NRC’s budget ADDRESSES: Mail written comments to: recover its budget authority. First, authority and the costs were recovered Secretary, U.S. Nuclear Regulatory license and inspection fees, established through annual fees assessed to NRC Commission, Washington, DC 20555– at 10 CFR part 170 under the authority licensees. 0001, ATTN: Rulemakings and of the Independent Offices The NRC estimates that Adjudications Staff. Hand deliver Appropriation Act of 1952 (IOAA), 31 approximately $107.7 million will be comments to: 11555 Rockville Pike, U.S.C. 9701, recover the NRC’s costs of recovered in FY 1999 from fees assessed Rockville, Maryland 20852, between providing individually identifiable under Part 170 and other receipts, 7:30 am and 4:15 pm Federal workdays. services to specific applicants and compared to $94.6 million in FY 1998. (Telephone 301–415–1678). Comments licensees. Examples of the services The increase from FY 1998 is primarily may also be submitted via the NRC’s provided by the NRC for which these due to increased Part 170 collections interactive rulemaking website through fees are assessed are the review of largely attributable to changes in the NRC home page (http:// applications for the issuance of new Commission policy included in the FY www.nrc.gov). From the NRC licenses, approvals or renewals, and 1998 final fee rule, such as billing full homepage, select ‘‘Rulemaking’’ from amendments to licenses or approvals. cost under Part 170 for resident the tool bar. The interactive rulemaking Second, annual fees, established in 10 inspectors, and a $4.1 million carryover website can then be accessed by CFR part 171 under the authority of from additional collections in FY 1998 selecting ‘‘Rulemaking Forum’’. This OBRA–90, recover generic and other that were unanticipated at the time the site provides the ability to upload regulatory costs not recovered through final FY 1998 fee rule was published. In comments as files (any format), if your 10 CFR part 170 fees. addition to the estimated Part 170 web browser supports that function. For collections and other receipts, the NRC information about the interactive II. Proposed Action estimates a net adjustment of rulemaking site, contact Ms. Carol The NRC is proposing to amend its approximately $2.1 million for Gallagher, 301–415–5905; e-mail licensing, inspection, and annual fees to payments received in FY 1999 for FY [email protected]. recover approximately 100 percent of its 1998 invoices. The remaining $339.8 Copies of comments received and the FY 1999 budget authority, including the million would be recovered in FY 1999 agency workpapers that support these budget authority for its Office of the through the 10 CFR part 171 annual proposed changes to 10 CFR parts 170 Inspector General, less the fees, which is approximately $20.4 and 171 may be examined at the NRC appropriations received from the NWF million less than in FY 1998.

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Table I summarizes the budget and fee recovery amounts for FY 1999:

TABLE 1.ÐBUDGET AND FEE RECOVERY AMOUNTS FOR FY 1999 [Dollars in Millions]

Total Budget ...... $469.8 Less NWF ...... ¥17.0 Less General Fund (Reviews for DOE and other Federal agencies) ...... ¥3.2

Total Fee Base ...... 449.6 Less Part 170 Fees ...... ¥103.5 Less other receipts ...... ¥4.2

Part 171 Fee Collections Required ...... 341.9 Part 171 Billing Adjustment 1 Unpaid FY 1999 invoices ...... 3.4 Less Payments received in FY 1999 for prior year invoices ...... ¥5.5

Subtotal ...... ¥2.1 Adjusted Part 171 Collections Required ...... 339.8 1 These adjustments are necessary to ensure that the ``billed'' amount results in the required collections. Positive amounts indicate amounts billed that will not be collected in FY 1999.

Because the final FY 1999 fee rule A. Amendments to 10 CFR Part 170: activities of the NRC. The term ‘‘special will be a ‘‘major’’ final action as defined Fees for Facilities, Materials, Import and benefits’’ includes services rendered at by the Small Business Regulatory Export Licenses, and Other Regulatory the request of a recipient and all Enforcement Fairness Act of 1996, the Services Under the Atomic Energy Act services necessary to the issuance of a NRC’s fees for FY 1999 would become of 1954, as Amended required permit, license, certificate, effective 60 days after publication of the The NRC is proposing four major approval, or amendment, or other final rule in the Federal Register. amendments to 10 CFR part 170, and services necessary to assist a recipient in complying with statutory obligations The NRC announced in the FY 1998 several administrative amendments to update information in certain sections under the Commission’s regulations. proposed rule that the final rule would Part 170 fees are currently assessed and to accommodate the major proposed no longer be mailed to all licensees. for: changes. These amendments further the However, because the NRC is soliciting (a) The review of applications for and underlying basis for the regulation—that public comments on two potential the issuance of licensing actions or fees be assessed to applicants, persons, annual fee schedules for FY 1999, the other approvals; FY 1999 final rule will be mailed to all and licensees for specific identifiable (b) The review and approval of topical services rendered. The amendments also licensees. As a cost-saving measure, the reports; comply with the guidance in the NRC does not plan to routinely mail (c) Preapplication consultations and Conference Committee Report on reviews; future final fee rules to all licensees, but OBRA–90 that fees assessed under the will send the final rules to any licensee (d) Inspections; and IOAA recover the full cost to the NRC (e) The costs of maintaining resident or other person upon request. As a of identifiable regulatory services that inspectors. matter of courtesy, the NRC will each applicant or licensee receives. The remainder of NRC’s budget continue to send the proposed fee rules The major changes to 10 CFR part 170 authority is recovered through annual to all licensees. proposed by the NRC are: fees assessed under part 171. In the NRC’s FY 1998 fee rulemaking, In addition to publication in the 1. Expanded Part 170 Cost Recovery Federal Register, the final rule will be steps were taken to more appropriately available on the internet at http:// The NRC is proposing to expand the recover costs for certain activities ruleforum.llnl.gov/. Copies of the final scope of part 170 to include incident through part 170 fees rather than rule will also be mailed upon request. investigations, performance assessments through part 171 fees. The NRC’s and evaluations (except those for which To request a copy, contact the License proposals to further expand the scope of the licensee volunteers at NRC’s request Fee and Accounts Receivable Branch, part 170 for FY 1999 would result in and which NRC accepts), reviews of Division of Accounting and Finance, cost recovery for additional activities reports and other submittals such as Office of the Chief Financial Officer, at through part 170 fees rather than responses to Confirmatory Action through part 171 fees. 301–415–7554, or e-mail us at Letters, and full cost recovery for time [email protected]. It is our intent to publish expended by Project Managers. a. Inspections the final rule in June of 1999. Part 170 fees are based on Title V of Under this proposed change, part 170 The NRC is proposing to make the IOAA, interpretations of that fees would be assessed for all changes to 10 CFR parts 170 and 171 as legislation by the Federal courts, and inspections, including licensee-specific discussed in Sections A. and B. below: Commission guidance. These guidelines performance reviews, assessments, provide that part 170 fees may be evaluations and incident investigations. assessed to persons who are identifiable Examples of activities that would be recipients of ‘‘special benefits’’ billable under part 170 are performance conferred by specifically identified assessments of fuel facilities, Diagnostic

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Evaluation Team assessments, and excluding leave and time spent on issuance of amendments specifically Incident Investigation Team generic activities such as rulemaking, be resulting from these orders. The primary investigations. Licensees who volunteer recovered through Part 170 fees assessed basis for the current policy is that fees to participate in a performance review to the specific applicant or licensee to could be perceived as additional fines to or assessment at NRC’s request and which the project manager is assigned. the licensee, or in some cases, such as which the NRC accepts would be This change would be applicable to all when a licensee requests a hearing on exempted from these part 170 fees. The licensees subject to full cost fees under an enforcement order, fees could be inspections that are proposed to be Part 170 and to which project managers viewed as a penalty for the licensee included in part 170 are ‘‘special are assigned. Currently, only project exercising its rights to challenge the benefits’’ provided to identifiable manager time spent on a specific NRC action. In addition, depending on recipients, whether or not an inspection licensing action or inspection is billed the licensees’ responses, orders may report is issued. For example, incident under Part 170 and costs for the also be withdrawn or modified. investigations are investigations of remaining project manager activities are Moreover, in cases of misconduct, an significant operational events involving recovered in the Part 171 annual fees. order may be issued to the individual power reactors and other facilities. However, there are other project rather than the licensee. On the other Causes of the events are determined and manager activities that also support and hand, the development of orders and the corrective actions taken. Incident provide a direct benefit to the assigned review of responses to orders are Investigation Teams investigate events licensee or site. activities performed for specifically of potentially major significance. Examples of project manager activities identifiable recipients. Although the investigations may result which would be included in the Part Escalated Enforcement Actions in some generic lessons, the 170 fee assessment are those associated investigations are primarily a direct with oversight of the assigned license or Although costs of inspections forming service provided to the specific licensee plant (e.g., setting work priorities, the basis for enforcement actions, except and assist the licensee in complying planning and scheduling review efforts, those arising from an allegation, are with NRC regulations. The costs of any preparation and presentations of currently recovered through Part 170 generic efforts that may result from the briefings for visits to NRC by utility fees assessed to the affected licensee, investigations, such as the development officials, interfacing with other NRC the costs for escalated enforcement of new regulatory requirements and offices, the public, and other Federal actions (i.e., the development and guidance, would continue to be and state and local government issuance of Notices of Violations and recovered through part 171 annual fees, agencies, and visits to the assigned site orders imposing civil penalties) are not. not through part 170 fees assessed to the for purposes other than a specific Part 170 fees are not currently assessed licensee. In addition, any time inspection), and training. Examples of for the escalated enforcement actions expended by our Office of Investigations project manager generic activities that because they serve the generic purpose on these activities will be recovered would not be subject to fee recovery of industry-wide deterrence. In through part 171 fees. These proposed under Part 170 are rulemaking and the addition, some escalated enforcement part 170 fees would not apply to development of regulatory guides, actions are withdrawn. There also is materials licenses for which no generic licensing guides, standard concern that in some cases the fee could inspection fee is specified in part 170 review plans, and generic letters and be much greater than the civil penalty, because the inspection costs are bulletins. If a project manager is which is intended to encourage a included in the part 171 annual fee for assigned to more than one license or licensee to comply with the NRC those fee categories. site, costs for activities other than requirements. As with orders issued licensee-specific licensing or inspection under 10 CFR 2.202, fees could be b. Additional Document Reviews activities would be prorated to each of viewed as a penalty for the licensee The NRC is also proposing to expand the licenses or sites to which the project exercising its rights to challenge the the scope of part 170 to include reviews manager is assigned. The concept of full NRC action. However, escalated of documents submitted to the NRC that cost recovery for project managers is enforcement actions are activities do not require formal or legal approvals similar to the concept of full cost performed by the NRC which pertain to or amendments to the technical recovery for resident inspectors, which identifiable licensees. specifications or license. Examples are was added to Part 170 in the FY 1998 certain financial assurance reviews, 2. Amendment Fees Based on Average final fee rule (June 10, 1998; 63 FR Costs reviews of responses to Confirmatory 31840). Action Letters, reviews of uranium The NRC is proposing to revise 10 recovery licensees’ land-use survey d. Other CFR 170.31 to eliminate the amendment reports, and reviews of 10 CFR 50.71(e) The NRC is also soliciting public fees for small materials licensees that final safety analysis reports (FSARs). comment in this proposed rule on are based on the average time to part 170 fees are currently not assessed whether to include the development of complete the reviews (‘‘flat’’ fees) and for these reviews because they do not orders, evaluation of responses to include the amendment processing costs result in an approval or amendment, orders, development of Notices of in the Part 171 annual fees assessed to and the costs are recovered through part Violation (NOVs) accompanying the small materials licensees. This 171 annual fees. Although no specific escalated enforcement actions, and proposal would continue the NRC’s approval is issued, reviews of these evaluation of responses to NOVs in next initiatives to streamline its fee program. submittals are services provided by the year’s proposed fee rule. The costs of In a similar action, the inspection and NRC to identifiable recipients that assist these activities are currently recovered renewal fees for these licensees were them in complying with NRC through Part 171 annual fees. eliminated in the FY 1995 and FY 1996 regulations. fee rulemakings, respectively, and the Orders and Related Activities costs included in the annual fees for c. Project Manager Time Currently, Part 170 fees are not these categories of licensees. Additionally, the NRC is proposing assessed for the development of orders Although approximately 2500 that all project managers time, issued under 10 CFR 2.202, or for the requests for amendments to small

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This is the result of the become Agreement States. fiscal year. increased overhead costs to be allocated The current approach for assessing If we do not adopt this approach, to the two programs, with fewer direct materials license amendment fees is amendment fees set forth in the final fee FTE to divide the costs among. In complex and labor intensive. rule would likely approximate those set addition, the proportion of direct Approximately 25 percent of the forth in the FY 1998 fee schedule, resources has shifted. The materials amendment requests are submitted with although there may be some variance as program now has a larger share. incorrect fee payments. In the case of a result of the biennial fee review Therefore, the materials program must underpayment, the licensee must be required by the Chief Financial Officers absorb more of the overhead and notified and the license amendment Act and the increase in the hourly rate management and support costs. held in abeyance until the correct fee is for the materials program described received. In the case of overpayments, below. Because of the error in FY 1998, the refunds must be authorized and FY 1999 hourly rates are more 3. Hourly Rates processed through the Department of appropriately compared to the FY 1997 the Treasury (Treasury). Because of The NRC is proposing to revise the hourly rates of $131 and $125 for the Treasury requirements that all Federal two professional hourly rates for NRC reactors and materials programs, payments (other than payments made staff time established in § 170.20. These respectively. Applying only the salary under the Internal Revenue Code of proposed rates would be based on the and benefit increases of 4.4 percent from 1986) made after January 1, 1999, must number of FY 1999 direct FTEs and the FY 1997 to FY 1998, and 3.68 percent be made by electronic funds transfer, FY 1999 NRC budget, excluding direct from FY 1998 to FY 1999, would result information on the payee’s financial program support costs and NRC’s in FY 1998 hourly rates of $137 for the institution and bank accounts must be appropriations from the NWF and the reactor program and $131 for the collected. General Fund. These rates are used to materials program, and 1999 hourly These administrative burdens for flat determine the Part 170 fees. The rates of $142 for the reactor program and amendment fees would be eliminated by proposed hourly rate for the reactor $136 for the materials program. This including the amendment costs in the program is $141 per hour ($250,403 per does not consider the shift that has Part 171 annual fee assessed to these direct FTE). This rate would be occurred in the proportion of direct licensees. This would result in an applicable to all activities for which fees resources from the reactor program to estimated $900,000 being added to the are based on full cost under § 170.21 of the materials program that results in the annual fees assessed to approximately the fee regulations. The proposed hourly materials program having a larger share 5700 materials licensees. rate for the nuclear materials and and therefore absorbing more of the Amendment fees for these licensees nuclear waste program is $140 per hour overhead and management and support currently range from $160 for an ($248,728 per direct FTE). This rate costs. amendment to a custom sealed source would be applicable to all activities for evaluation (fee category 9D) to $1,100 which fees are based on full cost under The method used to determine the for an amendment to a custom device § 170.31 of the fee regulations. In the FY two professional hourly rates is as evaluation (fee category 9B). The 1998 final fee rule, these rates were follows: majority of the amendments are filed by $124 and $121, respectively. The FY a. Direct program FTE levels are licensees in fee category 3P, which 1998 rates represented a decrease from identified for both the reactor program includes licenses for possession and use FY 1997 of $7 per hour for the reactor and the nuclear material and waste of byproduct material in industrial program from FY 1997, and $4 per hour program. measuring systems and gas for the materials program. b. Direct contract support, which is This proposed increase can be readily chromatographs, and licenses for in- the use of contract or other services in explained. In calculating the proposed vitro studies, and by licensees in fee support of the line organization’s direct FY 1999 hourly rates, the NRC staff category 7C, which covers most licenses program, is excluded from the discovered that a coding error in NRC’s for human use of byproduct, source, and calculation of the hourly rate because special nuclear material. The current budget, which is used in the the costs for direct contract support are amendment fee for fee category 3P is development of fees, occurred for FY charged directly through the various $340; the current amendment fee for fee 1998. This coding error contributed to categories of fees. category 7C is $450. Although not all the hourly rate decreases for that year. materials licensees request amendments In addition, costs for direct FTEs and c. All other direct program costs (i.e., during a given fiscal year, overhead are calculated for the reactor Salaries and Benefits, Travel) represent approximately 80 percent request at and materials programs and for the ‘‘in-house’’ costs and are to be allocated least one amendment over a five-year surcharge. Although the proposed FY by dividing them uniformly by the total period, and approximately 40 percent of 1999 hourly rates reflect an increase of number of direct FTEs for the program. these licensees request multiple $17—$19 per hour compared to FY In addition, salaries and benefits plus amendments during a five-year period. 1998, the error was in the reduced FY contracts for non-program direct In addition to streamlining the NRC 1998 hourly rate, not in the increased management and support, and the process, this proposed change would FY 1999 hourly rate. Specifically, 134 Office of the Inspector General are eliminate the steps licensees currently FTE and approximately $10 million in allocated to each program based on that take to submit the payments for their contract support for regional program’s direct costs. This method amendment requests. It would also management and support were results in the following costs which are eliminate any delays in approving erroneously coded as direct resources included in the hourly rates.

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TABLE II.ÐFY 1999 BUDGET AUTHORITY TO BE INCLUDED IN HOURLY RATES

Reactor pro- Materials gram program

Direct Program Salaries and Benefits ...... $99.2m ...... $26.4m Overhead Salaries and Benefits, Program Travel and Other Support ...... $54.1m ...... $15.0m Allocated Agency Management and Support ...... $104.2m ...... $28.1m

Subtotal ...... $257.5m ...... $69.5m Less offsetting receipts ...... ¥.1m.

Total Budget Included in Hourly Rate ...... $257.4m ...... $69.5m Program Direct FTEs ...... 1,028.0 ...... 279.7 Rate per Direct FTE ...... $250,403 ..... $248,728 Professional Hourly Rate (Rate per direct FTE divided by 1,776 hours) ...... $141 ...... $140

As shown in Table II above, dividing actions should be increased in some 5. Administrative Amendments the $257.4 million (rounded) budget for categories and decreased in others to a. The NRC is proposing to amend the reactor program by the reactor reflect the costs incurred in completing § 170.2, Scope, and § 170.3, Definitions, program direct FTEs (1,028) results in a the licensing actions. The data for the to specifically include Certificates of rate for the reactor program of $250,403 average number of professional staff Compliance (Certificates) issued per FTE for FY 1999. The Direct FTE hours needed to complete licensing pursuant to Part 76. The NRC issued Hourly Rate for the reactor program action were last updated in FY 1997 (62 two Certificates pursuant to Part 76 to would be $141 per hour (rounded to the FR 29194; May 29, 1997). Thus, the the United States Enrichment nearest whole dollar). This rate is revised average professional staff hours Corporation for operation of the two calculated by dividing the cost per reflect the changes in the NRC licensing gaseous diffusion uranium enrichment direct FTE ($250,403) by the number of review program that have occurred plants located at Paducah, Kentucky, productive hours in one year (1,776 and Piketon, Ohio. This proposal would hours) as set forth in the revised OMB since FY 1997. The proposed licensing add Part 76 certificates to the definition Circular A–76, ‘‘Performance of fees are based on the revised average Commercial Activities.’’ Dividing the professional staff hours needed to of Materials License in § 170.3 (Uranium $69.5 million (rounded) budget for the process the licensing actions multiplied enrichment facilities are already defined nuclear materials and nuclear waste by the proposed professional hourly rate in § 170.3). These proposed changes are program by the program direct FTEs for FY 1999. administrative changes to clarify the applicability of Part 170 fees to these (279.7) results in a rate of $248,728 per The proposed licensing fees reflect an Certificates. FTE for FY 1999. The Direct FTE Hourly increase in average time for new license Rate for the materials program would be b. The NRC is proposing to revise the applications for 20 of the 33 materials definition of Inspection, to specifically $140 per hour (rounded to the nearest fee categories included in the biennial whole dollar). This rate is calculated by include performance assessments, review, a decrease in average time for 8 evaluations, and incident investigations. dividing the cost per direct FTE fee categories, and the same average ($248,728) by the number of productive This change is needed to incorporate time for the remaining 5 fee categories. NRC’s proposal to include these hours in one year (1,776 hours). The average time for export and import Any professional hours expended on activities in Part 170. new license applications and or after the effective date of the final c. The NRC is proposing to revise the amendments remained the same for 6 rule would be assessed at the FY 1999 definition of Special projects to include fee categories in §§ 170.21 and 170.31, hourly rates. financial assurance submittals, and decreased for 4 fee categories. responses to Confirmatory Action 4. Fee Adjustments The amounts of the materials Letters, uranium recovery licensees’ The NRC is proposing to adjust the licensing ‘‘flat’’ fees were rounded so land-use survey reports, and 10 CFR current Part 170 fees in §§ 170.21 and that the amounts would be de minimis 50.71 final safety analysis reports in the 170.31 to reflect both the changes in the and the resulting flat fee would be list of examples of documents submitted revised hourly rates and the results of convenient to the user. Fees under for review that would be subject to the biennial review of Part 170 fees $1,000 are rounded to the nearest $10. special project fees. This change is required by the Chief Financial Officers Fees that are greater than $1,000 but less needed to incorporate NRC’s proposal to (CFO) Act. To comply with the than $100,000 are rounded to the include the review of these documents requirements of the CFO Act, the NRC nearest $100. Fees that are greater than in Part 170. has evaluated historical professional $100,000 are rounded to the nearest d. The NRC is proposing to revise staff hours used to process a new license $1,000. § 170.5, Communications, to indicate application for those materials licensees that all communications concerning Part whose fees are based on the average cost The proposed licensing ‘‘flat’’ fees are 170 should be addressed to the Office of method (flat fees). This review also applicable to fee categories K.1 through the Chief Financial Officer rather than included new license and amendment K.5 of § 171.21, and fee categories 1.C, the Executive Director for Operations. applications for import and export 1.D, 2.B, 2.C, 3.A through 3.P, 4.B Effective with the January 5, 1997, NRC licenses. through 9.D, 10.B, 15.A through 15.E, reorganization, the Executive Director Evaluation of the historical data and 16 of § 171.16. Applications filed on for Operations no longer serves as the shows that the fees based on the average or after the effective date of the final Chief Financial Officer. The Chief number of professional staff hours rule would be subject to the revised fees Financial Officer has been delegated needed to complete materials licensing in this proposed rule. authority to exercise all authority vested

VerDate 23-MAR-99 16:43 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\01APP2.XXX pfrm03 PsN: 01APP2 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Proposed Rules 15881 in the Commission under 10 CFR parts annual fees assessed to materials equitably and practicably contribute to 170 and 171. licensees; their payment.’’ As in the past, these e. The NRC is proposing to delete the 3. Revise the two 10 CFR part 170 costs would be allocated to the entire current exemption in § 170.11(a)(11) hourly rates; and population of NRC licensees that pay which eliminates amendment fees for 4. Revise the licensing fees assessed annual fees, based on the amount of the amendments to change the name of the under 10 CFR part 170 to comply with budget directly attributable to a class of Radiation Safety Officer for portable the CFO Act’s requirement that fees be licensees. This results in a higher gauge licenses issued in accordance revised to reflect the cost to the agency, percentage of these costs being allocated with NUREG–1556, 1 Volume 1. This and to reflect the revised hourly rates. to operating power reactor licensees as proposed rule would eliminate the B. Amendments to 10 CFR Part 171: opposed to other classes of licensees. requirement for amendment fees for Annual Fees for Reactor Licenses, Fuel The major proposed changes to Part these licenses and thus the exemption Cycle Licenses and Materials Licenses, 171 are in the following areas. would no longer be needed. Including Holders of Certificates of f. The NRC is proposing to add 1. Reactor Decommissioning/spent Fuel Compliance, Registrations, and Quality 170.11(a)(12) to provide an exemption Storage Assurance Program Approvals, and from Part 170 fees for those licensee- The NRC is proposing to revise 10 Government Agencies Licensed by the specific performance assessments or CFR 171.15 to establish a spent fuel NRC evaluations for which the licensee storage/reactor decommissioning annual volunteers at NRC’s request. This The NRC proposes three major fee to be assessed to all Part 50 power change would accommodate NRC’s amendments to 10 CFR part 171 and reactor licensees, regardless of their proposal to include performance several administrative amendments to operating status, and to those Part 72 assessments and evaluations in Part 170, update information in certain sections licensees who do not hold a Part 50 except those for which the licensee and to incorporate the major proposed license. The full amount of the FY 1999 volunteers at NRC’s request and which changes. These major changes would annual fee would be billed to those Part are accepted by the NRC. result in annual fees being assessed to 50 licensees who are in a g. The NRC is proposing to revise licensees previously exempted from decommissioning or possession only § 170.12, Payment of Fees, to reflect the annual fees, increased annual fees for status upon publication of the FY 1999 NRC’s proposals to expand Part 170 to some licensees, and decreased annual final rule. Payment would be due on the include performance assessments, fees for other licensees. To address effective date of the FY 1999 rule. For evaluations, and incident investigations, concerns about potential significant fee operating power reactors and those Part reviews of reports and other documents, increases for certain categories of 72 licensees who do not hold a Part 50 and full cost recovery for project licensees, the NRC is presenting two license, the new fee would be added to managers. This section would also be annual fee options for public comment, the fourth quarter FY 1999 annual fee revised to delete references to as described in 2. below. The bill. Any adjustments for prior amendment fees that are not based on Commission will determine which payments during FY 1999 would be full cost to reflect the NRC’s proposal to option to incorporate in its final rule made in accordance with § 171.19(b). eliminate these fees from Part 170 and after evaluating public comments. The current annual fees in 10 CFR The proposed changes are consistent include the costs in the Part 171 annual 171.16 for Part 72 licenses for with our statutory mandate; that is, fee for these materials licensees. independent spent fuel storage would charging a class of licensees for NRC Section 170.12(h), Method of be eliminated. Payment, would be redesignated as costs attributable to that class of This proposed change would affect 170.12(f) and revised to specify the licensees. The changes are consistent two existing NRC annual fee policies: information the NRC needs to issue with the Congressional guidance in the (a) Costs for generic and other refunds. This change is necessitated by Conference Committee Report on activities related to dry storage of spent new Treasury requirements that were OBRA–90, which states that the fuel that are not recovered through Part effective January 1, 1999. ‘‘conferees contemplate that the NRC 170 licensing and inspection fees are In summary, the NRC is proposing to: will continue to allocate generic costs recovered through Part 171 annual fees 1. Assess Part 170 fees, for licenses that are attributable to a given class of assessed to all Part 72 licensees; and subject to Part 170 full cost fees, to licensees to such class’’ and the (b) Part 171 annual fees are not recover costs for all plant or licensee- ‘‘conferees intend that the NRC assess assessed to reactor licensees in specific inspections, including the annual charge under the principle decommissioning or possession only performance reviews, assessments, that licensees who require the greatest status. Power reactor licensees who are evaluations, and incident investigations, expenditures of the agency’s resources in a decommissioning or possession reviews of reports and other documents, should pay the greatest annual fee’’ (136 only status would, for the first time, be and all of the project managers’ time Cong. Rec. at H12692–93). Costs not subject to Part 171 annual fees for their excluding time spent on generic attributable to a class of licensees would Part 50 license. However, these activities and leave time; be allocated following the conferees’ licensees currently pay an annual fee for 2. Eliminate ‘‘flat’’ amendment fees guidance that ‘‘the Commission should any Part 72 license they hold. for materials licenses and recover the assess the charges for these costs as The current policy has raised three amendment costs through Part 171 broadly as practicable in order to concerns: minimize the burden for these costs on (a) The fee structure could create a 1 Copies of NUREGS may be purchased from the any licensee or class of licensees so as disincentive for licensees to pursue dry Reproduction and Distribution Section, Office of the Chief Information Officer, U.S. Nuclear to establish as fair and equitable a storage; Regulatory Commission, Washington, DC 20555– system as is feasible.’’ (136 Cong. Rec. (b) The fairness of assessing multiple 0001. Copies are also available from the National at H12692–3). The Conference Report annual fees if a licensee holds multiple Technical Information Service, 5285 Port Royal guidance also provides that: ‘‘These ISFSI licenses for different designs; and Road, Springfield, VA 22161. A copy is also available for inspection and/or coping at the NRC expenses may be recovered from such (c) Not all affected licensees are being Public Document Room, 2120 L Street, NW. (Lower licensees as the Commission, in its assessed the costs of NRC’s generic Level), Washington, DC. discretion, determines can fairly, decommissioning activities.

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The NRC announced in the FY 1998 has been loaded into the generally- magnitude of the budget allocated to a proposed fee rulemaking (April 1, 1998, licensed ISFSI). If a licensee holds more specific class of licensees. If either 63 FR 16046) and final fee rulemaking than one Part 72 license, for example, a condition occurred, the annual fee base (June 10, 1998, 63 FR 31840), that it Part 72 general license and a Part 72 would be recalculated. The percentage planned to reexamine the current specific license for two different change would be adjusted based on annual fee exemption policy for designs, they are assessed an annual fee changes in 10 CFR Part 170 fees and licensees in decommissioning or for each license. Under the proposed other adjustments as well as on the holding possession only licenses and change, only one annual fee would be number of licensees paying the fees. the annual fee policy for reactors’ charged. This method of determining annual fees storage of spent fuel and include any Costs for generic activities associated is the ‘‘percent change’’ method. The FY changes to the current fee policies in the with storage of spent fuel in the spent 1996, FY 1997, and FY 1998 annual fees FY 1999 fee rulemaking. One purpose of fuel pool (wet storage) are currently were based on the percent change the review was to assure consistent fee included in the annual fee assessed to method. treatment for both wet storage (i.e., operating power reactors because the Rebaselining spent fuel pool) and dry storage (i.e., Part 50 licenses cover this storage. Thus, independent spent fuel storage if a Part 50 licensee is in The NRC believes that it is installations (ISFSIs)) of spent fuel. The decommissioning and stores spent fuel appropriate to establish new baseline Commission previously determined that in the spent fuel pool, it is not assessed fees for FY 1999 based on the program both storage options are considered safe an annual fee. On the other hand, if a changes that have taken place since the and acceptable forms of storage for Part 50 licensee is in decommissioning baseline fees were established in FY spent fuel. Under current fee and stores spent fuel in an ISFSI, it is 1995, including those resulting from the regulations, Part 50 licensees in assessed an annual fee for each Part 72 agency’s strategic planning efforts, decommissioning who store spent fuel ISFSI license used. downsizing, reorganization of agency in the spent fuel pool are not assessed Section 171.15 would be revised to resources, and the proposed addition of an annual fee, but licensees who store include the spent fuel storage/reactor a new annual fee class (spent fuel spent fuel in an ISFSI under Part 72 are decommissioning annual fee to be storage/reactor decommissioning) as assessed an annual fee. The proposed assessed to Part 50 power reactor previously described. In addition, there change would give equivalent fee licensees and those Part 72 specific have been several fee policy changes treatment to both storage options. licensees who do not hold a Part 50 since FY 1995. Fee policy changes As indicated previously, Part 171 license. The annual fees in § 171.16 for include the elimination of renewal fees annual fees are not currently assessed to fee categories 1B and 13B would be in FY 1996 for most materials licensees, reactor licensees who have notified the eliminated. This change would not the proposed elimination of amendment NRC that they no longer want an NRC affect the manner in which licensing fees for these licensees in FY 1999, and license and have permanently ceased and inspection costs are recovered (i.e., the inclusion of these costs in the operations. This policy is based on the Part 170 fees would still be assessed to materials licensees’ annual fees. premise that the primary benefit the Part 72 licensees and to Part 50 Rebaselining Options NRC provides a licensee is the authority licensees in decommissioning or to use licensed facilities or material. possession only status for licensing and The NRC is specifically seeking Although NRC’s generic inspection services). The NRC would public comment on two optional decommissioning activities support continue to include the costs for generic rebaselining methods for establishing both licenses authorizing operations and decommissioning/reclamation costs for the FY 1999 annual fees: those limited to decommissioning or nonpower reactors, fuel facilities, Option A, rebaselining without a cap; possession only, today only licensees materials, and uranium recovery and with an operating license bear these licensees in the surcharge assessed to Option B, rebaselining with a cap so costs. This becomes a larger problem for operating licensees, including operating that no licensee’s annual fee increases operating licensees because, as the power reactors. more than 50 percent from FY 1998. number of operating licensees declines, Option A would result in a reduction the financial burden on the remaining 2. Annual Fees in annual fees from FY 1998 of active licensees increases. Thus, the The NRC is proposing to establish approximately 6.8 percent for each proposed rule is intended to ensure that new baseline annual fees for FY 1999. operating power reactor, which includes all power reactor licensees who benefit The annual fees in §§ 171.15 and 171.16 the proposed spent fuel storage/ from NRC’s generic activities bear a fair would be revised for FY 1999 to recover decommissioning annual fee to be portion of these costs relating to approximately 100 percent of the FY assessed to these licensees, and decommissioning of reactors. 1999 budget authority, less fees reductions of approximately 7 to 49 With regard to spent fuel storage, collected under 10 CFR part 170 and percent for certain materials licensees. holders of licenses issued under Part 72 funds appropriated from the NWF and However, annual fees would increase for ISFSIs are currently assessed annual the General Fund. The total amount to dramatically for certain other licensees. fees for each Part 72 license they hold. be recovered through annual fees for FY For example, rebaselining without a cap Part 72 covers both general and specific 1999 is $339.8 million, compared to would result in an increase of licenses. Part 72 general licenses are $360.2 million for FY 1998. approximately 112 percent for granted to licensees who hold a Part 50 In the FY 1995 final fee rule (June 20, conventional mills for extraction of license. Part 72 specific licenses must be 1995; 60 FR 32218), the NRC stated that uranium from uranium ores, 212 applied for and their issuance is not it would stabilize annual fees as follows: percent for solution mining licensees, contingent upon the licensee holding a For FY 1996 through FY 1999, the 120 percent for transportation cask Part 50 license. Because the Part 72 NRC would adjust the annual fees only users, and up to approximately 57 general licenses are issued by regulation by the percentage change (plus or percent for certain other materials to all Part 50 licensees, these licenses minus) in NRC’s total budget authority licensees. Factors contributing to the are subject to annual fees only when unless there was a substantial change in annual fees increases are changes in they have been used (i.e, once spent fuel the total NRC budget authority or the budgeted costs for those classes of

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Proposed FY 1999 annual fee Class of licensees Option A Option B (without a cap) (with a cap)

Power Reactors (including spent fuel storage/reactor decommissioning annual fee) ...... $2,769,000 $2,775,000 Spent fuel storage/reactor decommissioning ...... 199,000 199,000 Nonpower Reactors ...... 85,900 85,600 High Enriched Uranium Fuel Facility ...... 3,281,000 3,288,000 Low Enriched Uranium Fuel Facility ...... 1,100,000 1,103,000 UF6 Conversion Facility ...... 472,000 473,000 Uranium Mills ...... 131,000 92,100 Solution Mining ...... 109,000 52,100 Transportation: Users and Fabricators ...... 66,700 66,800 Users only ...... 2,200 1,500 Typical Materials Licenses: Radiographers ...... 14,700 14,700 Well loggers ...... 9,900 10,000 Gauge users ...... 2,600 2,500 Broad scope medical ...... 27,800 27,800 Broad scope manufacturers ...... 26,000 24,800

The annual fees assessed to each class of licensees includes a surcharge to recover those NRC budgeted costs that are not directly or solely attributable to the classes of licensees but must be recovered from the licensees to comply with the requirements of OBRA–90. The FY 1999 budgeted costs that would be recovered in the surcharge from all licensees are shown in Table IV.

TABLE IVÐSURCHARGE

FY 1999 budg- Category of costs eted costs ($, M)

1. Activities not attributable to an existing NRC licensee or class of licensee: a. International activities ...... 6.3 b. Agreement State oversight ...... 6.4 c. Low-level waste disposal generic activities, and ...... 4.1 d. Site decommissioning management plan activities not recovered under Part 170 ...... 4.6 2. Activities not assessed Part 170 licensing and inspection fees or Part 171 annual fees based on existing law or Commission policy: a. Fee exemption for nonprofit education institutions ...... 6.9 b. Licensing and inspection activities associated with other Federal agencies ...... 2.8 c. Costs not recovered from small entities under 10 CFR 171.16(c) ...... 5.3 3. Activities supporting NRC operating licensees and others: a. Regulatory support to Agreement States ...... 14.6 b. Decommissioning/reclamation, except those related to power reactors ...... 4.2

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TABLE IVÐSURCHARGEÐContinued

FY 1999 budg- Category of costs eted costs ($, M)

Total Budgeted Costs ...... 55.2

The NRC would continue to allocate the surcharge costs, except LLW surcharge costs, to each class of licensees based on the percent of budget for that class. The NRC would continue to allocate the LLW surcharge costs based on the volume disposed by the certain classes of licensees. The proposed surcharge costs allocated to each class are included in the annual fee that would be assessed to each licensee. The FY 1999 surcharge costs that would be allocated to each class of licensee are shown in Table V.

TABLE V.ÐALLOCATION OF SURCHARGE

LLW surcharge Non-LLW surcharge Total sur- charge Percent $,M Percent $,M $,M

Operating power reactors ...... 74 3.0 80.3 41.0 44.0 Spent fuel storage/reactor decommissioning ...... 6.3 3.2 3.2 Nonpower reactors ...... 0.1 0.0 0.0 Fuel facilities ...... 8 0.4 5.0 2.6 2.9 Materials users ...... 18 0.7 5.9 3.1 3.8 Transportation ...... 1.0 0.5 0.5 Rare earth facilities ...... 0.1 0.0 0.0 Uranium recovery ...... 1.3 0.7 0.7

Total Surcharge ...... 4.1 51.1 55.2

The budgeted costs allocated to each month of the license and payment The FY 1999 budgeted costs of class of licensees and the calculation of would be due on the date of the invoice. approximately $16.3 million to be the rebaselined fees are described in 3. In addition to comments on the recovered in annual fees assessed to the and 4. below. The workpapers which rebaselining method for determining FY fuel facility class is allocated to the support this proposed rule show in 1999 annual fees, public comments are individual fuel facility licensees based detail the allocation of NRC budgeted also being sought on whether the NRC on the revised matrix. The revisions to resources for each class of licensee and should, in future years, continue to use the matrix take into account changes in how the fees are calculated. The the percent change method and process operations at certain fuel workpapers may be examined at the rebaseline fees every several years as facilities. The revised matrix also NRC Public Document Room, 2120 L established in the FY 1995 fee rule explicitly recognizes the addition of the statement of considerations, or return to Street NW (Lower Level), Washington, uranium enrichment plants to the fee a policy of rebaselining annual fees DC 20555–0001. base and a reduction of three licensees every year. ( B&W Parks Township, B&W Research Because the final FY 1999 fee rule and General Atomic) as the result of the will be a ‘‘major’’ final action as defined 3. Revised Fuel Cycle and Uranium Recovery Matrixes termination of licensed activities. In the by the Small Business Regulatory revised matrix (which is included in our Enforcement Fairness Act of 1996, the The NRC is proposing to use revised workpapers that we are making public), NRC’s fees for FY 1999 would become matrixes in the determination of annual licensees are grouped into five effective 60 days after publication of the fees for fuel facility and uranium categories according to their licensed final rule in the Federal Register. The recovery licensees. As part of the activities (i.e., nuclear material NRC will send an invoice for the rebaselining efforts, the NRC is enrichment, processing operations and amount of the annual fee upon proposing to use a revised matrix material form) and according to the depicting the categorization of fuel publication of the FY 1999 final rule to level, scope, depth of coverage and rigor facility and uranium recovery licenses reactors and major fuel cycle facilities. of generic regulatory programmatic by authorized material and use/activity For these licensees, payment would be effort applicable to each category from and the relative programmatic effort due on the effective date of the FY 1999 safety and safeguards perspectives. This associated with each category. rule. Those materials licensees whose methodology can be applied to license anniversary date during FY 1999 a. Fuel Facility Matrix determine fees for new licensees, falls before the effective date of the final The NRC is proposing to use a revised current licensees, licensees in unique FY 1999 final rule would be billed fuel facility matrix based on the license situations, and certificate during the anniversary month of the commensurate level of regulatory effort holders. license and continue to pay annual fees related to the various fuel facility The methodology is amenable to at the FY 1998 rate in FY 1999. Those categories from both safety and changes in the number of licensees or materials licensees whose license safeguards perspectives. The revised certificate holders, licensed-certified anniversary date falls on or after the matrix results in the annual fees more material/activities, and total effective date of the final FY 1999 final accurately reflecting our current costs of programmatic resources to be recovered rule would be billed at the FY 1999 providing generic and other regulatory through annual fees. When a license or revised rates during the anniversary services to each fuel facility type. certificate is modified, given that NRC

VerDate 23-MAR-99 11:23 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\01APP2.XXX pfrm03 PsN: 01APP2 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Proposed Rules 15885 recovers approximately 100 percent of fee for those remaining in the fee into the matrix. The matrix depicts the its generic regulatory program costs category. categorization of licensees/certificate through fee recovery, this fuel facility The methodology is applied as holders by authorized material types fee methodology may result in a change follows. First, a fee category is assigned and use/activities and the relative in fee category and may have an effect based on the nuclear material and programmatic effort associated with on the fees assessed to other licensees activity authorized by license or each category. The programmatic effort and certificate holders. For example, if certificate. Although a licensee/ (expressed as a value in the matrix) a fuel facility licensee amended its certificate holder may elect not to fully reflects the safety and safeguards risk license/certificate in such a way that it utilize a license/certificate, the license/ significance associated with the nuclear resulted in them not being subject to certificate is still used as the source for material and use/activity, and the Part 171 fees applicable to fuel facilities, determining authorized nuclear material commensurate generic regulatory the budget for the safety and/or possession and use/activity. Next, the program (i.e., scope, depth and rigor). safeguards component would be spread category and license/certificate The effort factors for the various among those remaining licensees/ information are used to determine subclasses of fuel facility licensees are certificate holders, resulting in a higher where the licensee/certificate holder fits as follows:

Effort factors No. of facilities Safety Safeguards

High Enriched Uranium Fuel ...... 2 91 (33.1%) ...... 76 (54.7%) Enrichment ...... 2 70 (25.5%) ...... 34 (24.5%) Low Enriched Uranium Fuel ...... 4 88 (32.0%) ...... 24 (17.3%) UF6 Conversion ...... 1 8 (2.9%) ...... 3 (2.2%) Limited Operations Facility ...... 1 12 (4.4%) ...... 0 (0%) Others ...... 1 6 (2.2%) ...... 2 (1.4%)

These effort factors are applied to the establishing the annual fees for the program are activities related to facility $16.3 million total annual fee amount. conventional mills, solution mining operations and those related to facility This amount includes the low level uranium mills, and mill tailings closure; waste (LLW) surcharge and other disposal facilities. The revised matrix (4) Each of the major program surcharges allocated to the fuel facility reflects NRC’s significantly increased elements was further divided into three class. efforts related to groundwater concerns subelements; for in-situ licenses and its somewhat b. Uranium Recovery Matrix increased efforts related to groundwater (5) The three major subelements of Of the $2.1 million total budgeted concerns for conventional mills. The generic activities related to uranium costs allocated to the uranium recovery revised matrix also reflects an increase facility operations are activities related class to be recovered through annual in regulatory efforts related to waste to the operation of the mill, activities fees, approximately $870,000 would be operations for in-situ licenses. The related to the handling and disposal of assessed to the DOE to recover the costs matrix has also been updated to reflect waste, and activities related to associated with DOE facilities under the the changes in the number of licensees prevention of groundwater Uranium Mill Tailings Radiation within each fee category. The number of contamination. The three major Control Act of 1978 (UMTRCA). The conventional mills has decreased from 4 subelements of generic activities related remaining $1.3 million would be in FY 1995 to 3 in FY 1999 and the to uranium facility closure are activities recovered through annual fees assessed number of licensees in the solution related to decommissioning of facilities to conventional mills, solution mining mining fee category has increased by 1. and cleanup of land, reclamation and uranium mills, and mill tailings The methodology for establishing Part closure of the tailings impoundment, disposal facilities. Because the proposed 171 annual fees for uranium recovery and cleanup of contaminated FY 1999 annual fees would result in licensees has not changed: groundwater. Weighted factors were certain uranium recovery licensees (1) The methodology identifies three assigned to each program element and going from an annual billing process categories of licenses: conventional subelement. based on the anniversary date of their uranium mills, solution mining uranium The applicability of the generic license to quarterly billing, those mills, and mill tailings disposal program in each subelement to each licensees would be billed upon facilities. Each of these categories uranium recovery category was publication of the final FY 1999 rule for benefits from the generic uranium qualitatively estimated as either the balance of the full FY 1999 annual recovery program; fee. Payment of the balance of the FY (2) The matrix relates the category and significant, some, minor, or none. 1999 annual fee would be due on the the level of benefit, by program element The resulting relative weighted factor effective date of the FY 1999 rule. and subelement; per facility for the various subclasses The NRC is proposing to revise the (3) The two major program elements and the proposed FY 1999 annual fee matrix established in FY 1995 for of the generic uranium recovery for each are as follows:

Level of benefit Number of fa- cilities Category Total weight weight Value Percent

Class I facilities ...... 3 770 2310 31

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Level of benefit Number of fa- cilities Category Total weight weight Value Percent

Class II facilities ...... 7 645 4515 61 11e(2) disposal ...... 1 475 475 6 11e(2) disposal incidental to existing tailings sites ...... 2 75 150 2

4. Annual Fee Determination for Other to be recovered in annual fees assessed under Option A or $1,500 under Option Classes to the approximately 5700 diverse B for holders of approved quality material users and registrants, the NRC assurance plans for use only. The a. Power Reactor Licensees has continued the methodology used in proposed FY 1999 annual fees for The approximately $267.3 million in FY 1995 to establish baseline annual holders of approved quality assurance budgeted costs to be recovered through fees for this class. The annual fee is plans for design, fabrication, and use annual fees assessed to operating power based on the Part 170 application fees would be $66,700 under Option A, or reactors would be divided equally and an estimated cost for inspections. $66,800 under Option B. among the 104 operating reactors. This Because the application fees and 5. Administrative Amendments results in a proposed FY 1999 annual inspection costs are indicative of the fee of $2,570,000 per reactor under complexity of the license, this approach a. Section 171.13 would be amended Option A, or $2,576,000 under Option continues to provide a proxy for to establish an annual fee for power B. In addition, each operating reactor allocating the generic and other reactors in a decommissioning or would be assessed the proposed spent regulatory costs to the diverse categories possession only status. fuel storage/reactor decommissioning of licensees based on how much it costs b. Section 171.15 would be revised to annual fee, which for FY 1999 is NRC to regulate each category. The fee as follows: $199,000 for each power reactor. This calculation also continues to consider (1) The heading for § 171.15 would be would result in a total FY 1999 annual the inspection frequency (priority), revised to read: Section 171.15 Annual fee of $2,769,000 under Option A, or which is indicative of the safety risk and Fees: Reactor licenses and independent $2,775,000 under Option B, for each resulting regulatory costs associated spent fuel storage licenses operating power reactor. with the categories of licensees. The (2) Paragraph (b) of § 171.15 would be b. Spent Fuel Storage/Reactor annual fee for these categories of revised in its entirety to establish the FY Decommissioning licensees is developed as follows: 1999 annual fees for operating power Annual fee = (Application reactors, power reactors in For FY 1999, budgeted costs of Fee + (Average Inspection Cost divided decommissioning or possession only approximately $24.8 million are to be by Inspection Priority)) multiplied by status, and Part 72 licensees who do not recovered through annual fees assessed the constant + (Unique Category Costs). hold Part 50 licenses. Fiscal year to Part 50 power reactors and to Part 72 The constant is the multiple necessary references would be changed from FY licensees who do not hold a Part 50 to recovery $30.5 million and is 1.3 for 1998 to FY 1999. The activities license. The costs would be divided FY 1999. The unique category costs are comprising the base annual fees and the equally among the 125 licensees, any special costs that the NRC has additional charge (surcharge) are listed resulting in a proposed FY 1999 annual budgeted for a specific category of in § 171.15(b) and (c) for convenience fee of $199,000 for each licensee under licensees. For FY 1999, unique cost of purposes. both Option A and Option B. approximately $955,400 were identified Each operating power reactor would c. Nonpower Reactors for the medical development program pay an FY 1999 annual fee of $2,769,000 Budgeted costs for FY 1999 of which is attributable to medical under Option A or $2,775,000 under approximately $343,400 are to be licensees. The proposed annual fees for Option B, which includes the proposed recovered from four nonpower reactors each fee category under Option A and annual fee of $199,000 for spent fuel subject to annual fees. This results in a Option B are shown in § 171.16(d). storage/reactor decommissioning. Each power reactor in decommissioning or proposed FY 1999 annual fee of $85,900 f. Transportation under Option A, or $85,600 under possession only status and each Part 72 Option B. Of the approximately $3.6 million in licensee who does not hold a Part 50 FY 1999 budgeted costs to be recovered license would pay the spent fuel d. Rare Earth Facilities through annual fees assessed to the storage/reactor decommissioning annual The FY 1999 budgeted costs of transportation class of licensees, fee of $199,000 under Option A or approximately $91,200 for rare earth approximately $870,000 would be Option B in FY 1999. facilities to be recovered through annual recovered from annual fees assessed to (3) Paragraph (e) of § 171.15 would be fees would be spread uniformly among DOE based on the number of Part 71 revised to show the amount of the FY the three licensees who have a specific Certificates of Compliance DOE holds. 1999 annual fee for nonpower (test and license for receipt and processing of Of the remaining $2.7 million, research) reactors. The NRC would source material. This results in a approximately 10 percent would be continue to grant exemptions from the proposed annual fee of $30,400 under allocated to holders of approved quality annual fee to Federally-owned and Option A, or $30,500 under Option B for assurance plans authorizing use, and State-owned research and test reactors each rare earth facility. approximately 90 percent would be that meet the exemption criteria allocated to holders of approved quality specified in § 171.11(a)(2). e. Materials Users assurance plans authorizing design, (4) Paragraph (f) of § 171.15 would be To equitably and fairly allocate the fabrication, and use. This results in revised to change fiscal year date $30.5 million in FY 1999 budgeted costs proposed FY 1999 annual fees of $2,200 references.

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c. Section 171.16 would be amended current proration provision of § 171.17. any annual fee payments already made as follows: For example, those new materials for that fiscal year based on the (1) Section 171.16(c) covers the fees licenses issued during the period anniversary month billing process. For assessed for those licensees that can October 1 through March 31 of the FY FY 1999, the anniversary date billing qualify as small entities under NRC size would be assessed one-half the annual process applies to those materials standards. A materials licensee may pay fee in effect on the anniversary date of licenses in the following fee categories: a reduced annual fee if the licensee the license. New materials licenses 1C, 1D, 2A(2) Other, 2A(3), 2A(4), 2B, qualifies as a small entity under the issued on or after April 1, 1999, would 2C, 3A through 3P, 4A through 9D, 10A, NRC’s size standards and certifies that not be assessed an annual fee for FY and 10B. For annual fee purposes, the it is a small entity using NRC Form 526. 1999. Thereafter, the full annual fee anniversary date of the materials license This section would be revised to clarify would be due and payable each is considered to be the first day of the that failure to file a small entity subsequent fiscal year on the month in which the original materials certification in a timely manner could anniversary date of the license. license was issued. For example, if the form the basis for the denial of any Beginning June 11, 1996 (the effective original materials license was issued on refund that would otherwise be due. date of the FY 1996 final rule), affected June 17 then, for annual fee purposes, The NRC would continue to assess two materials licensees are subject to the the anniversary date of the materials fees for licensees that qualify as small annual fee in effect on the anniversary license is June 1 and the licensee would entities under the NRC’s size standards. date of the license. The anniversary date continue to be billed in June of each In general, licensees with gross annual of the materials license for annual fee year for the annual fee in effect on June receipts of $350,000 to $5 million would purposes is the first day of the month in 1. Materials licensees with anniversary pay a maximum annual fee of $1,800. A which the original license was issued. dates in FY 1999 before the effective second or lower-tier small entity fee of d. Section 171.19 Payment, would be date of the FY 1999 final rule would be $400 is in place for small entities with amended as follows: billed during the anniversary month of gross annual receipts of less than (1) Section 171.19(b) would be revised the license and continue to pay annual $350,000 and small governmental to update the fiscal year references, to fees at the FY 1998 rate in FY 1999. jurisdictions with a population of less include a billing process for those Those materials licensees with license than 20,000. No change in the amount licensees whose annual fee for the anniversary dates falling on or after the of the small entity fees is being previous fiscal year was based on the effective date of the FY 1999 final rule proposed because the small entity fees anniversary date of the license and would be billed at the FY 1999 revised are not based on budgeted costs but are whose revised annual fee for the current rates during the anniversary month of established at a level to reduce the fiscal year would be based on quarterly their license. Payment would be due on impact of fees on small entities. The billing, and to give credit for partial the date of the invoice. small entity fees are shown in the payments made by certain licensees in The NRC reemphasizes that the proposed rule for convenience. FY 1999 toward their FY 1999 annual annual fee will be assessed based on (2) Section 171.16(d) would be fees. The NRC anticipates that the first, whether a licensee holds a valid NRC revised to establish the FY 1999 annual second, and third quarterly payments license that authorizes possession and fees for materials licensees, including for FY 1999 will have been made by use of radioactive material. Government agencies, licensed by the operating power reactor licensees and In summary, the NRC is proposing to: NRC. The amount or range of the some large materials licensees before the 1. Establish a new spent fuel storage/ proposed FY 1999 annual fees for final rule becomes effective. Therefore, reactor decommissioning annual fee in materials licenses range from $600 for a the NRC would credit payments 10 CFR 171.15, and eliminate the license authorizing the use of source received for those quarterly annual fee current annual fee in 10 CFR 171.16 for material for shielding, to $27,800 for a assessments toward the total annual fee independent spent fuel storage licenses. license of broad scope for human use of to be assessed. The NRC would adjust The proposed annual fee would be byproduct, source, or special nuclear the fourth quarterly invoice to recover assessed to all Part 50 power reactor material. Because of rounding, the fees the full amount of the revised annual fee licensees, including those in for most materials licensees would be or to make refunds, as necessary. decommissioning or possession only the same under Option A and Option B. Payment of the annual fee is due on the status, and to those Part 72 licensees The proposed annual fee for the date of the invoice and interest accrues who do not hold a Part 50 license; ‘‘master’’ materials licenses of broad from the invoice date. However, interest 2. Establish new baseline annual fees scope issued to Government agencies would be waived if payment is received for FY 1999. Because the rebaselined $351,000 under Option A or Option B. within 30 days from the invoice date. fees would result in significant (3) Footnote 1 of § 171.16(d) would be (2) Section 171.19(c) would be revised increases for some licensees, the NRC is amended to provide a waiver of the to update fiscal year references. seeking public comment on two annual fees for materials licensees, and As in FY 1998, the NRC would potential methods for establishing the holders of certificates, registrations, and continue to bill annual fees for most FY 1999 annual fees: (1) rebaseline the approvals, who either filed for materials licenses on the anniversary fees without a cap on fee increases, or termination of their licenses or date of the license (licensees whose (2) rebaseline the annual fees with a cap approvals or filed for possession only/ annual fees are $100,000 or more would so that no licensees’ annual fee storage only licenses before October 1, continue to be assessed quarterly). The increases more than 50 percent from FY 1998, and permanently ceased licensed annual fee assessed would be the fee in 1998; and activities entirely by September 30, effect on the license anniversary date, 3. Use revised matrixes for allocating 1998. All other licensees and approval unless the annual fee for the prior year the fuel facility and uranium recovery holders who held a license or approval was less than $100,000 and the revised budgeted costs to licensees in those fee on October 1, 1998, would be subject to annual fee for the current fiscal year is classes. the FY 1999 annual fees. $100,000 or more. In this case, the Holders of new licenses issued during revised amount would be billed to the III. Plain Language FY 1999 would be subject to a prorated licensees upon publication of the final The Presidential Memorandum dated annual fee in accordance with the rule in the Federal Register, adjusted for June 1, 1998, entitled, ‘‘Plain Language

VerDate 23-MAR-99 11:23 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\01APP2.XXX pfrm03 PsN: 01APP2 15888 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Proposed Rules in Government Writing,’’ directed that the Courts enabled the Commission to discretion, determines can fairly, the Federal government’s writing be in develop fee guidelines that are still used equitably, and practicably contribute to plain language (63 FR 31883; June 10, for cost recovery and fee development their payment. 1998). The NRC requests comments on purposes. In addition, the NRC’s FY 1999 this proposed rule specifically with The Commission’s fee guidelines were appropriations language provides that respect to the clarity and effectiveness upheld on August 24, 1979, by the U.S. $3.2 million appropriated from the of the language used. Comments on the Court of Appeals for the Fifth Circuit in General Fund for activities related to language used should be sent to the Mississippi Power and Light Co. v. U.S. regulatory reviews and other assistance NRC as indicated under the ADDRESSES Nuclear Regulatory Commission, 601 provided to the Department of Energy heading. F.2d 223 (5th Cir. 1979), cert. denied, and other Federal agencies be excluded 444 U.S. 1102 (1980). The Court held from fee recovery. IV. Environmental Impact: Categorical that— 10 CFR Part 171, which established Exclusion (1) The NRC had the authority to annual fees for operating power reactors The NRC has determined that this recover the full cost of providing effective October 20, 1986 (51 FR 33224; proposed rule is the type of action services to identifiable beneficiaries; September 18, 1986), was challenged described in categorical exclusion 10 (2) The NRC could properly assess a and upheld in its entirety in Florida CFR 51.22(c)(1). Therefore, neither an fee for the costs of providing routine Power and Light Company v. United environmental impact statement nor an inspections necessary to ensure a States, 846 F.2d 765 (D.C. Cir. 1988), environmental impact assessment has licensee’s compliance with the Atomic cert. denied, 490 U.S. 1045 (1989). been prepared for the proposed Energy Act and with applicable The NRC’s FY 1991 annual fee rule regulation. By its very nature, this regulations; was largely upheld by the D.C. Circuit regulatory action does not affect the (3) The NRC could charge for costs Court of Appeals in Allied Signal v. environment, and therefore, no incurred in conducting environmental NRC, 988 F.2d 146 (D.C. Cir. 1993). environmental justice issues are raised. reviews required by NEPA; VII. Regulatory Flexibility Analysis (4) The NRC properly included the V. Paperwork Reduction Act Statement costs of uncontested hearings and of The NRC is required by the Omnibus This proposed rule contains no administrative and technical support Budget Reconciliation Act of 1990 to information collection requirements services in the fee schedule; recover approximately 100 percent of its and, therefore, is not subject to the (5) The NRC could assess a fee for budget authority through the assessment requirements of the Paperwork renewing a license to operate a low- of user fees. OBRA–90 further requires Reduction Act of 1995 (44 U.S.C. 3501 level radioactive waste burial site; and that the NRC establish a schedule of et seq.). (6) The NRC’s fees were not arbitrary charges that fairly and equitably VI. Regulatory Analysis or capricious. allocates the aggregate amount of these With respect to 10 CFR part 171, on charges among licensees. With respect to 10 CFR part 170, this November 5, 1990, the Congress passed This proposed rule establishes the proposed rule was developed pursuant Public Law 101–508, the Omnibus schedules of fees that are necessary to to Title V of the Independent Offices Budget Reconciliation Act of 1990 implement the Congressional mandate Appropriation Act of 1952 (IOAA) (31 (OBRA–90) which required that for FYs for FY 1999. The proposed rule would U.S.C. 9701) and the Commission’s fee 1991 through 1995, approximately 100 result in increases in the annual fees guidelines. When developing these percent of the NRC budget authority be charged to certain licensees and holders guidelines the Commission took into recovered through the assessment of of certificates, registrations, and account guidance provided by the U.S. fees. OBRA–90 was amended in 1998 to approvals, and decreases in annual fees Supreme Court on March 4, 1974, in its extend the 100 percent fee recovery for others. The Regulatory Flexibility decision of National Cable Television requirement for NRC through FY 1999. Analysis, prepared in accordance with 5 Association, Inc. v. United States, 415 To accomplish this statutory U.S.C. 604, is included as Appendix A U.S. 36 (1974) and Federal Power requirement, the NRC, in accordance to this proposed rule. The Small Commission v. New England Power with § 171.13, is publishing the Business Regulatory Enforcement Company, 415 U.S. 345 (1974). In these proposed amount of the FY 1999 annual Fairness Act of 1996 (SBREFA) was decisions, the Court held that the IOAA fees for operating reactor licensees, fuel signed into law on March 29, 1996. The authorizes an agency to charge fees for cycle licensees, materials licensees, and SBREFA requires all Federal agencies to special benefits rendered to identifiable holders of Certificates of Compliance, prepare a written compliance guide for persons measured by the ‘‘value to the registrations of sealed source and each rule for which the agency is recipient’’ of the agency service. The devices and QA program approvals, and required by 5 U.S.C. 604 to prepare a meaning of the IOAA was further Government agencies. OBRA–90 and the regulatory flexibility analysis. clarified on December 16, 1976, by four Conference Committee Report Therefore, in compliance with the law, decisions of the U.S. Court of Appeals specifically state that— Attachment 1 to the Regulatory for the District of Columbia: National (1) The annual fees be based on the Flexibility Analysis is the small entity Cable Television Association v. Federal Commission’s FY 1999 budget of $469.8 compliance guide for FY 1999. Communications Commission, 554 F.2d million less the amounts collected from VIII. Backfit Analysis 1094 (D.C. Cir. 1976); National Part 170 fees and the funds directly Association of Broadcasters v. Federal appropriated from the NWF to cover the The NRC has determined that the Communications Commission, 554 F.2d NRC’s high level waste program; backfit rule, 10 CFR 50.109, does not 1118 (D.C. Cir. 1976); Electronic (2) The annual fees shall, to the apply to this proposed rule and that a Industries Association v. Federal maximum extent practicable, have a backfit analysis is not required for this Communications Commission, 554 F.2d reasonable relationship to the cost of proposed rule. The backfit analysis is 1109 (D.C. Cir. 1976) and Capital Cities regulatory services provided by the not required because these proposed Communication, Inc. v. Federal Commission; and amendments do not require the Communications Commission, 554 F.2d (3) The annual fees be assessed to modification of or additions to systems, 1135 (D.C. Cir. 1976). These decisions of those licensees the Commission, in its structures, components, or the design of

VerDate 23-MAR-99 11:23 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\01APP2.XXX pfrm03 PsN: 01APP2 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Proposed Rules 15889 a facility or the design approval or implementation of safety issues. A non- Washington, DC 20555–0001. manufacturing license for a facility or routine or reactive inspection has the Communications may be delivered in the procedures or organization required same purpose as the routine inspection; person at the Commission’s offices at to design, construct or operate a facility. (3) Reviews and assessments of 11555 Rockville Pike, Rockville, MD. licensee performance; 5. In § 170.11, paragraph (a)(11) is List of Subjects (4) Evaluations, such as those removed and reserved and paragraph 10 CFR Part 170 performed by Diagnostic Evaluation (a)(12) is added to read as follows: Teams; or Byproduct material, Import and § 170.11 Exemptions. export licenses, Intergovernmental (5) Incident investigations. * * * * * (a) * * * relations, Non-payment penalties, (12) A performance assessment or Materials license means a license, Nuclear materials, Nuclear power plants evaluation for which the licensee certificate, approval, registration, or and reactors, Source material, Special volunteers at the NRC’s request and other form of permission issued by the nuclear material. which is selected by the NRC. NRC under the regulations in 10 CFR 10 CFR Part 171 parts 30, 32 through 36, 39, 40, 61, 70, * * * * * Annual charges, Byproduct material, 71, 72 and 76. 6. Section 170.12 is revised to read as follows: Holders of certificates, registrations, * * * * * approvals, Intergovernmental relations, Special projects means those requests § 170.12 Payment of fees. Non-payment penalties, Nuclear submitted to the Commission for review (a) Application fees. Each application materials, Nuclear power plants and for which fees are not otherwise for which a fee is prescribed must be reactors, Source material, Special specified in this chapter. Examples of accompanied by a remittance for the full nuclear material. special projects include, but are not amount of the fee. The NRC will not For the reasons set out in the limited to, topical reports reviews, early issue a new license or an amendment preamble and under the authority of the site reviews, waste solidification increasing the scope of an existing Atomic Energy Act of 1954, as amended, facilities, route approvals for shipment license to a higher fee category or and 5 U.S.C. 553, the NRC is proposing of radioactive materials, services adding a new fee category prior to to adopt the following amendments to provided to certify licensee, vendor, or receiving the prescribed application fee. 10 CFR parts 170 and 171. other private industry personnel as The application fee(s) is charged instructors for Part 55 reactor operators, whether the Commission approves the PART 170ÐFEES FOR FACILITIES, reviews of financial assurance MATERIALS, IMPORT AND EXPORT application or not. The application submittals that do not require a license fee(s) is also charged if the applicant LICENSES, AND OTHER amendment, reviews of responses to REGULATORY SERVICES UNDER THE withdraws the application. Confirmatory Action Letters, reviews of (b) Licensing fees. (1) Licensing fees ATOMIC ENERGY ACT OF 1954, AS uranium recovery licensees’ land-use will be assessed to recover full costs AMENDED survey reports, and reviews of 10 CFR for— 1. The authority citation for Part 170 50.71 final safety analysis reports. As (i) The review of applications for new continues to read as follows: used in this part, special projects does licenses and approvals; not include requests/reports submitted (ii) The review of applications for Authority: 31 U.S.C. 9701, 96 Stat. 1051; to the NRC: sec. 301, Pub. L. 92–314, 86 Stat. 222 (42 amendments to and renewal of existing U.S.C. 2201w); sec. 201, Pub. L. 93–4381, 88 (1) In response to a Generic Letter or licenses or approvals; Stat. 1242, as amended (42 U.S.C. 5841); sec. NRC Bulletin which does not result in (iii) Preapplication consultations and 205, Pub. L. 101–576, 104 Stat. 2842, (31 an amendment to the license, does not reviews; and U.S.C. 901). result in the review of an alternate (iv) The full cost for project managers method or reanalysis to meet the 2. In § 170.2, paragraph (r) is added to assigned to a specific plant or facility, requirements of the Generic Letter, or read as follows: excluding leave time and time spent on does not involve an unreviewed safety generic activities (such as rulemaking). § 170.2 Scope. issue; (2) Full cost fees will be determined * * * * * (2) In response to an NRC request (at based on the professional staff time and (r) An applicant for or a holder of a the Associate Office Director level or appropriate contractual support services certificate of compliance issued under above) to resolve an identified safety, expended. The full cost fees for 10 CFR Part 76. safeguards or environmental issue, or to professional staff time will be 3. In § 170.3, the definition of the assist the NRC in developing a rule, determined at the professional hourly terms Inspections, Materials license, and regulatory guide, policy statement, rates in effect the time the service was Special projects are revised to read as generic letter, or bulletin; or provided. The full cost fees are payable follows: (3) As a means of exchanging upon notification by the Commission. information between industry (3) The NRC intends to bill each § 170.3 Definitions. organizations and the NRC for the applicant or licensee at quarterly * * * * * purpose of supporting generic intervals for all accumulated costs for Inspection means: regulatory improvements or efforts. each application the applicant or (1) Routine inspections designed to * * * * * licensee has on file for NRC review, evaluate the licensee’s activities within 4. Section 170.5 is revised to read as until the review is completed, except for the context of the licensee having follows: costs that were deferred before August primary responsibility for protection of 9, 1991. The deferred costs will be the public and environment; § 170.5 Communications. billed as described in paragraphs (b)(5), (2) Non-routine inspections in All communications concerning the (b)(6) and (b)(7) of this section. Each bill response or reaction to an incident, regulations in this part should be will identify the applications and allegation, followup to inspection addressed to the Chief Financial Officer, documents submitted for review and the deficiencies or inspections to determine U.S. Nuclear Regulatory Commission, costs related to each.

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(4) The NRC intends to bill each installment, unless another entity is (ii) Financial assurance submittals applicant or licensee for costs related to supplying the design to the applicant for that do not require a license project manager time on a quarterly the construction permit, combined amendment; basis. Each bill will identify the costs license, or operating license, in which (iii) Responses to Confirmatory Action related to project manager time. case the other entity shall pay the Letters; (5) Costs for review of an application installment. (iv) Uranium recovery licensees’ land- for renewal of a standard design (ii) In the case of a design which has use survey reports; and certification which have been deferred been approved and for which an (v) 10 CFR 50.71 final safety analysis prior to the effective date of this rule application for certification is pending, reports. must be paid as follows: The full cost of no fees are due until after the (2) The NRC intends to bill each review for a renewed standard design certification is granted. If the design is applicant or licensee at quarterly certification must be paid by the not referenced, or if all costs are not intervals until the review is completed. applicant for renewal or other entity recovered, within fifteen years after the Each bill will identify the documents supplying the design to an applicant for date of certification, the applicant shall submitted for review and the costs a construction permit, combined license pay the costs, or remainder of those, at related to each. The fees are payable issued under 10 CFR part 52, or the time. upon notification by the Commission. operating license, as appropriate, in five (iii) In the case of a design for which (e) Part 55 review fees. Fees for Part (5) equal installments. An installment is a certification has been granted, if the 55 review services are based on NRC payable each of the first five times the design is not referenced, or if all costs renewed certification is referenced in an are not recovered, within fifteen years time spent in administering the application for a construction permit, after the date of the certification, the examinations and tests and any related combined license, or operating license. applicant shall pay the costs for the contractual costs. The fees assessed will The applicant for renewal shall pay the review of the application, or remainder also include related activities such as installment, unless another entity is of those costs, at that time. preparing, reviewing, and grading of the supplying the design to the applicant for (c) Inspection fees. (1) Inspection fees examinations and tests. The NRC the construction permit, combined will be assessed to recover full cost for intends to bill the costs at quarterly license, or operating license, in which each resident inspector (including the intervals to the licensee employing the case the entity shall pay the installment. senior resident inspector), assigned to a operators. If the design is not referenced, or if all specific plant or facility. The fees (f) Method of payment. All license fee of the costs are not recovered, within assessed will be based on the number of payments are to be made payable to the fifteen years after the date of renewal of hours that each inspector assigned to U.S. Nuclear Regulatory Commission. the certification, the applicant for the plant or facility is in an official duty The payments are to be made in U.S. renewal shall pay the costs for the status (i.e., all time in a non-leave status funds by electronic funds transfer such renewal, or remainder of those costs, at will be billed), and the hours will be as ACT (Automated Clearing House) that time. billed at the appropriate hourly rate using E.D.I. (Electronic Data (6) Costs for the review of an established in 10 CFR 170.20. Resident Interchange), check, draft, money order, application for renewal of an early site inspectors’ time related to a specific or credit card. Payment of invoices of permit which have been deferred prior inspection will be included in the fee $5,000 or more should be paid via ACT to the effective date of this rule will assessed for the specific inspection in through NRC’s Lockbox Bank at the continue to be deferred as follows: The accordance with paragraph (c)(2) of this address indicated on the invoice. Credit holder of the renewed permit shall pay section. card payments should be made up to the the applicable fees for the renewed (2) Inspection fees will be assessed to limit established by the credit card bank permit at the time an application for a recover the full cost for each specific at the address indicated on the invoice. construction permit or combined license inspection, including plant- or licensee- Specific written instructions for making referencing the permit is filed. If, at the specific performance reviews and electronic payments and credit card end of the renewal period of the permit, assessments, evaluations, and incident payments may be obtained by no facility application referencing the investigations. For inspections that contacting the License Fee and early site permit has been docketed, the result in the issuance of an inspection Accounts Receivable Branch at 301– permit holder shall pay any outstanding report, fees will be assessed for costs 415–7554. In accordance with fees for the permit. incurred up to approximately 30 days Department of the Treasury (7) (i) The full cost of review for a after the inspection report is issued. The requirements, refunds will only be made standardized design approval or costs for these inspections include upon receipt of information on the certification that has been deferred prior preparation time, time on site, payee’s financial institution and bank to the effective date of the rule must be documentation time, and follow-up accounts. paid by the holder of the design activities and any associated contractual 7. Section 170.20 is revised to read as approval, the applicant for certification, service costs, but exclude the time follows: or other entity supplying the design to involved in the processing and issuance an applicant for a construction permit, of a notice of violation or civil penalty. § 170.20 Average cost per professional staff-hour. combined license issued under 10 CFR (3) The NRC intends to bill for part 52, or operating license, as resident inspectors’ time and for Fees for permits, licenses, appropriate, in five (5) equal specific inspections subject to full cost amendments, renewals, special projects, installments. An installment is payable recovery on a quarterly basis. The fees Part 55 requalification and replacement each of the first five times the approved/ are payable upon notification by the examinations and tests, other required certified design is referenced in an Commission. reviews, approvals, and inspections application for a construction permit, (d) Special project fees. (1) Fees for under §§ 170.21 and 170.31 will be combined license issued under 10 CFR special projects are based on the full calculated using the following part 52, or operating license. In the case cost of the review. Special projects applicable professional staff-hour rates: of a standard design certification, the includes activities such as— Reactor Program. applicant for certification shall pay the (i) Topical reports; (§ 170.21 Activities) ...... $141 per hour.

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Nuclear Materials and Nu- 140 per hour. § 170.21 Schedule of fees for production approvals of facility standard reference clear Waste Program and utilization facilities, review of standard designs, requalification and replacement (§ 170.31 Activities). referenced design approvals, special examinations for reactor operators, and projects, inspections and import and export 8. In § 170.21, the introductory text, licenses. special projects and holders of construction permits, licenses, and Category K, and footnotes 1 and 2 to the Applicants for construction permits, table are revised to read as follows: manufacturing licenses, operating other approvals shall pay fees for the licenses, import and export licenses, following categories of services.

SCHEDULE OF FACILITY FEES [See footnotes at end of table]

Facility categories and type of fees Fees 1 2

******* K. Import and export licenses: Licenses for the import and export only of production and utilization facilities or the export only of components for produc- tion and utilization facilities issued under 10 CFR part 110: 1. Application for import or export of reactors and other facilities and exports of components which must be reviewed by the Commissioners and the Executive Branch, for example, actions under 10 CFR 110.40(b): ApplicationÐnew license ...... $9,100. Amendment ...... $9,100. 2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions under 10 CFR 110.41(a)(1)±(8): ApplicationÐnew license ...... $5,600. Amendment ...... $5,600. 3. Application for export of components requiring foreign government assurances only: ApplicationÐnew license ...... $1,700. Amendment ...... $1,700. 4. Application for export of facility components and equipment not requiring Commissioner review, Executive Branch review, or foreign government assurances: ApplicationÐnew license ...... $1,100. Amendment ...... $1,100. 5. Minor amendment of any export or import license to extend the expiration date, change domestic information, or make other revisions which do not require in-depth analysis or review: Amendment $210. 1 Fees will not be charged for orders issued by the Commission under § 2.202 of this chapter or for amendments resulting specifically from the requirements of these types of Commission orders. Fees will be charged for approvals issued under a specific exemption provision of the Com- mission's regulations under Title 10 of the Code of Federal Regulations (e.g., §§ 50.12, 73.5) and any other sections in effect now or in the fu- ture, regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. Fees for licenses in this schedule that are initially issued for less than full power are based on review through the issuance of a full power license (generally full power is considered 100 percent of the facility's full rated power). Thus, if a licensee received a low power license or a temporary license for less than full power and subsequently receives full power authority (by way of license amendment or otherwise), the total costs for the license will be determined through that period when authority is granted for full power operation. If a situation arises in which the Commission de- termines that full operating power for a particular facility should be less than 100 percent of full rated power, the total costs for the license will be at that determined lower operating power level and not at the 100 percent capacity. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect at the time the service was provided. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be as- sessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which ex- ceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20.

* * * * * § 170.31 Schedule of fees for materials materials licenses, or import and export licenses and other regulatory services, 9. Section 170.31 is revised to read as licenses shall pay fees for the following including inspections, and import and categories of services. This schedule follows: export licenses. includes fees for health and safety and Applicants for materials licenses, safeguards inspections where import and export licenses, and other applicable. regulatory services and holders of

SCHEDULE OF MATERIALS FEES [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2 3

1. Special nuclear material:

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SCHEDULE OF MATERIALS FEESÐContinued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2 3

A. Licenses for possession and use of 200 grams or more of plutonium in unsealed form or 350 grams or more of contained U±235 in unsealed form or 200 grams or more of U±233 in unsealed form. This includes applications to terminate licenses as well as licenses authorizing possession only: Licensing and Inspection ...... Full Cost. B. Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI): Licensing and inspection ...... Full Cost. C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers: 4 Application ...... $640. D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in com- bination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1A: 4 Application ...... $1,300 E. Licenses or certificates for construction and operation of a uranium enrichment facility. Licensing and inspection ...... Full Cost. 2. Source material: A.(1) Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, heap-leach- ing, refining uranium mill concentrates to uranium hexafluoride, ore buying stations, ion exchange facilities and in proc- essing of ores containing source material for extraction of metals other than uranium or thorium, including licenses author- izing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode: Licensing and inspection ...... Full Cost. (2) Licenses that authorize the receipt of byproduct material, as defined in Section 11e(2) of the Atomic Energy Act, from other persons for possession and disposal except those licenses subject to fees in Category 2.A.(1): Licensing and inspection ...... Full Cost. (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licens- ee's milling operations, except those licenses subject to the fees in Category 2.A.(1): Licensing and inspection ...... Full Cost. B. Licenses which authorize the possession, use, and/or installation of source material for shielding: Application ...... $150. C. All other source material licenses: Application ...... $5,500. 3. Byproduct material: A. Licenses of broad scope for the possession and use of byproduct material issued under Parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution: Application ...... $6,600. B. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for processing or manu- facturing of items containing byproduct material for commercial distribution: Application ...... $2,400. C. Licenses issued under §§ 32.72, 32.73, and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing by- product material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 170.11(a)(4). These licenses are covered by fee Category 3D: Application ...... $10,200. D. Licenses and approvals issued under §§ 32.72, 32.73, and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct mate- rial. This category includes licenses issued under §§ 32.72, 32.73, and/or 32.74 of this chapter to nonprofit educational in- stitutions whose processing or manufacturing is exempt under 10 CFR 170.11(a)(4): Application ...... $2,400. E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units): Application ...... $1,700. F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of ma- terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra- diation of materials where the source is not exposed for irradiation purposes: Application ...... $3,300. G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of mate- rials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradia- tion of materials where the source is not exposed for irradiation purposes: Application ...... $3,400. H. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of Part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the li- censing requirements of Part 30 of this chapter: Application ...... $2,000. I. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of Part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of Part 30 of this chapter: Application ...... $3,200.

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SCHEDULE OF MATERIALS FEESÐContinued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2 3

J. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under Part 31 of this chapter. This category does not in- clude specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally li- censed under Part 31 of this chapter: Application ...... $1,000. K. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under Part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been author- ized for distribution to persons generally licensed under Part 31 of this chapter: Application ...... $600. L. Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution: Application ...... $5,500. M. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for research and devel- opment that do not authorize commercial distribution: Application ...... $2,300. N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A, 4B, and 4C: Application ...... $2,300. O. Licenses for possession and use of byproduct material issued under Part 34 of this chapter for industrial radiography op- erations: Application ...... $5,800. P. All other specific byproduct material licenses, except those in Categories 4A through 9D: Application ...... $1,300. 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material: Licensing and inspection ...... Full Cost. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by trans- fer to another person authorized to receive or dispose of the material: Application ...... $1,700. C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material: Application ...... $2,500. 5. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies: Application ...... $6,000. B. Licenses for possession and use of byproduct material for field flooding tracer studies: Licensing ...... Full Cost. 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material: Application ...... $11,200. 7. Medical licenses: A. Licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices: Application ...... $6,100. B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byprod- uct material, source material, or special nuclear material in sealed sources contained in teletherapy devices: Application ...... $4,400. C. Other licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate- rial, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices: Application ...... $2,400. 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activi- ties: Application ...... $320. 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, ex- cept reactor fuel devices, for commercial distribution: ApplicationÐeach device ...... $5,200.

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SCHEDULE OF MATERIALS FEESÐContinued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fee 2 3

B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manu- factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices: ApplicationÐeach device ...... $3,700. C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except re- actor fuel, for commercial distribution: ApplicationÐeach source ...... $1,580. D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufac- tured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel: ApplicationÐeach source ...... $530. 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers: Licensing and inspections ...... Full Cost. B. Evaluation of 10 CFR part 71 quality assurance programs: Application ...... $390. Inspections ...... Full Cost. 11. Review of standardized spent fuel facilities: Licensing and inspection ...... Full Cost. 12. Special projects: 5 Approvals and preapplication/Licensing activities ...... Full Cost. Inspections ...... Full Cost. 13. A. Spent fuel storage cask Certificate of Compliance: Licensing ...... Full Cost. B. Inspections related to spent fuel storage cask Certificate of Compliance ...... Full Cost. C. Inspections related to storage of spent fuel under § 72.210 of this chapter ...... Full Cost. 14. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under Parts 30, 40, 70, 72, and 76 of this chapter: Licensing and inspection ...... Full Cost. 15. Import and Export licenses: Licenses issued under 10 CFR part 110 of this chapter for the import and export only of special nuclear material, source ma- terial, tritium and other byproduct material, heavy water, or nuclear grade graphite: A. Application for export or import of high enriched uranium and other materials, including radioactive waste, which must be reviewed by the Commissioners and the Executive Branch, for example, those actions under 10 CFR 110.40(b). This category includes application for export or import of radioactive wastes in multiple forms from multiple generators or brokers in the exporting country and/or going to multiple treatment, storage or disposal facilities in one or more re- ceiving countries: ApplicationÐnew license ...... $9,100. Amendment ...... $9,100. B. Application for export or import of special nuclear material, source material, tritium and other byproduct material, heavy water, or nuclear grade graphite, including radioactive waste, requiring Executive Branch review but not Com- missioner review. This category includes application for the export or import of radioactive waste involving a single form of waste from a single class of generator in the exporting country to a single treatment, storage and/or disposal facility in the receiving country: ApplicationÐnew license ...... $5,600. Amendment ...... $5,600. C. Application for export of routine reloads of low enriched uranium reactor fuel and exports of source material requiring only foreign government assurances under the Atomic Energy Act: ApplicationÐnew license ...... $1,700. Amendment ...... $1,700. D. Application for export or import of other materials, including radioactive waste, not requiring Commissioner review, Executive Branch review, or foreign government assurances under the Atomic Energy Act. This category includes ap- plication for export or import of radioactive waste where the NRC has previously authorized the export or import of the same form of waste to or from the same or similar parties, requiring only confirmation from the receiving facility and li- censing authorities that the shipments may proceed according to previously agreed understandings and procedures: ApplicationÐnew license ...... $1,100. Amendment ...... $1,100. E. Minor amendment of any export or import license to extend the expiration date, change domestic information, or make other revisions which do not require in-depth analysis, review, or consultations with other agencies or foreign governments: Amendment ...... $210. 16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20: Application (initial filing of Form 241) ...... $1,200. Revisions ...... $200. 1 Types of feesÐSeparate charges, as shown in the schedule, will be assessed for preapplication consultations and reviews and applications for new licenses and approvals, issuance of new licenses and approvals, certain amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and certain inspections. The following guidelines apply to these charges: (a) Application fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, terminated, or in- active licenses except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category.

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(1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category. (2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee Category 1C only. (b) Licensing fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing licenses, for preapplication consultations and for reviews of other documents submitted to NRC for review, and for project manager time for fee categories subject to full cost fees (fee Categories 1A, 1B, 1E, 2A, 4A, 5B, 10A, 11, 12, 13A, and 14) are due upon notification by the Commission in accordance with § 170.12(b). (c) Amendment/revision fees. Applications for amendments to export and import licenses and revisions to reciprocity initial applications must be accompanied by the prescribed amendment/revision fee for each license/revision affected. An application for an amendment to a license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories in which case the amendment fee for the highest fee category would apply. (d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c). 2 Fees will not be charged for orders issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the require- ments of these types of Commission orders. However, fees will be charged for approvals issued under a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now in the future) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Categories 9A through 9D. 3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in § 170.20 in effect at the time the service is provided, and the appropriate contractual support services expended. For applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amend- ment, revision, or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20. 4 Licensees paying fees under Categories 1A, 1B, and 1E are not subject to fees under Categories 1C and 1D for sealed sources authorized in the same license except for an application that deals only with the sealed sources authorized by the license. 5 Fees will not be assessed for requests/reports submitted to the NRC: (a) In response to a Generic Letter or NRC Bulletin that does not result in an amendment to the license, does not result in the review of an al- ternate method or reanalysis to meet the requirements of the Generic Letter, or does not involve an unreviewed safety issue; (b) In response to an NRC request (at the Associate Office Director level or above) to resolve an identified safety, safeguards, or environ- mental issue, or to assist NRC in developing a rule, regulatory guide, policy statement, generic letter, or bulletin; or (c) As a means of exchanging information between industry organizations and the NRC for the purpose of supporting generic regulatory im- provements or efforts.

10. The heading of Part 171 is revised NRC as indicated in § 171.19. Quarterly (i) Option A (Rebaselining without a to read as follows: payments of the annual fee of $100,000 cap): $2,769,000. or more will continue during the fiscal (ii) Option B (Rebaselining with a 50 PART 171ÐANNUAL FEES FOR year and be based on the applicable percent cap): $2,775,000. REACTOR LICENSES AND FUEL annual fees as shown in §§ 171.15 and CYCLE LICENSES AND MATERIALS (2) The FY 1999 annual fee is 171.16 until a notice concerning the comprised of a base operating power LICENSES, INCLUDING HOLDERS OF revised amount of the fees for the fiscal CERTIFICATES OF COMPLIANCE, reactor annual fee, a base spent fuel year is published by the NRC. If the storage/reactor decommissioning annual REGISTRATIONS, AND QUALITY NRC is unable to publish a final fee rule ASSURANCE PROGRAM APPROVALS fee, and associated additional charges that becomes effective during the (surcharges). The activities comprising AND GOVERNMENT AGENCIES current fiscal year, fees would be LICENSED BY THE NRC the spent storage/reactor assessed based on the rates in effect for decommissioning base annual fee are 11. The authority citation for Part 171 the previous fiscal year. shown in paragraph (c)(2)(i) and (ii) of continues to read as follows: 13. Section § 171.15 is revised to read this section. The activities comprising as follows: Authority: Sec. 7601, Pub. L. 99–272, 100 the surcharge are shown in paragraph Stat. 146, as amended by sec. 5601, Pub. L. § 171.15 Annual fees: Reactor licenses (d)(1) of this section. The activities 100–203, 101 Stat. 1330, as amended by Sec. and spent fuel storage/reactor comprising the base annual fee for 3201, Pub. L. 101–239, 103 Stat. 2106 as decommissioning. operating power reactors are as follows: amended by sec. 6101, Pub. L. 101–508, 104 (a) Each person licensed to operate a (i) Power reactor safety and safeguards Stat. 1388, (42 U.S.C. 2213); sec. 301, Pub. L. regulation except licensing and 92–314, 86 Stat. 222 (42 U.S.C. 2201(w)); sec. power, test, or research reactor; each 201, 88 Stat. 1242, as amended (42 U.S.C. person holding a Part 50 power reactor inspection activities recovered under 5841); sec. 2903, Pub. L. 102–486, 106 Stat. license that is in decommissioning or Part 170 of this chapter and generic 3125, (42 U.S.C. 2214 note). possession only status; and each person reactor decommissioning activities. 12. Section 171.13 is revised to read holding a Part 72 license who does not (ii) Research activities directly related as follows: hold a Part 50 license shall pay the to the regulation of power reactors annual fee for each unit for each license except those activities specifically § 171.13 Notice. held at any time during the Federal FY related to reactor decommissioning. The annual fees applicable to any in which the fee is due. This paragraph (iii) Generic activities required largely NRC licensee subject to this part and does not apply to test and research for NRC to regulate power reactors, e.g., calculated in accordance with §§ 171.15 reactors exempted under in § 171.11(a). updating Part 50 of this chapter, or and 171.16, will be published as a (b)(1) The FY 1999 annual fee for each operating the Incident Response Center. notice in the Federal Register as soon as operating power reactor would be the The base annual fee for operating power possible but no later than the third amount shown in Option A or Option B reactors does not include generic quarter of the fiscal year. The annual as presented in paragraphs (b)(1)(i) and activities specifically related to reactor fees will become due and payable to the (ii) of this section. decommissioning.

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(c)(1) The FY 1999 annual fee for each class of licensees is $44 million, not (iii) 10 CFR part 70 for special nuclear power reactor holding a Part 50 license including the amount allocated to the material; that is in a decommissioning or new fee class, spent fuel storage/reactor (iv) 10 CFR part 71 for packaging and possession only status and each decommissioning. The FY 1999 transportation of radioactive material; independent spent fuel storage Part 72 operating power reactor surcharge to be and licensee who does not hold a Part 50 assessed to each operating power reactor license would be the amount shown in is $423,000. This amount is calculated (v) 10 CFR part 76 for uranium Option A or Option B as presented in by dividing the total operating power enrichment. paragraphs (c)(1)(i) and (ii) of this reactor surcharge ($44 million) by the (2) Each person identified in section. number of operating power reactors paragraph (a)(1) of this section shall pay (i) Option A (Rebaselining without a (104). an annual fee for each license the cap): $199,000. (3) The FY 1999 surcharge allocated person holds at any time during the first (ii) Option B (Rebaselining with a 50 to spent fuel storage/reactor six months of the Federal fiscal year percent cap): $199,000. decommissioning class of licensees is (October 1 through March 31). Annual (2) This fee is comprised of a base $3.2 million. The FY 1999 spent fuel fees will be prorated for new licenses spent fuel storage/reactor storage/reactor decommissioning issued and for licenses for which decommissioning annual fee (this fee is surcharge to be added to each operating termination is requested and activities also included in the operating power power reactor, each power reactor in permanently ceased during the period reactor annual fee show in paragraph (b) decommissioning or possession only October 1 through March 31 of the fiscal of this section), and an additional status, and to each independent spent charge (surcharge). The activities year as provided in § 171.17 of this fuel storage Part 72 licensee who does section. If a single license authorizes comprising the surcharge are shown in not hold a Part 50 license is $25,600. paragraph (d)(1) of this section. The more than one activity (e.g., human use This amount is calculated by dividing and irradiator activities), annual fees activities comprising the FY 1999 spent the total surcharge costs allocated to this fuel storage/reactor decommissioning will be assessed for each fee category class by the total number of power applicable to the license. If you hold base annual fee are: reactor licensees and Part 72 licensees (i) Generic and other research more than one license, the total annual who do not hold a Part 50 license (125). activities directly related to reactor fee you will be assessed will be the (e) The FY 1999 annual fees for decommissioning and spent fuel cumulative total of the annual fees licensees authorized to operate a storage; and applicable to the licenses you hold. (ii) Other safety, environmental, and nonpower (test and research) reactor licensed under Part 50 of this chapter, (b) The annual fee is comprised of a safeguards activities related to reactor base annual fee and an additional decommissioning and spent fuel unless the reactor is exempted from fees under § 171.11(a), would be the amount charge (surcharge). The activities storage, except costs for licensing and comprising the surcharge are shown in inspection activities that are recovered shown under Option A or Option B below: paragraph (e) of this section. The under part 170 of this chapter. activities comprising the base annual fee (d)(1) The activities comprising the is the sum of the NRC budgeted costs FY 1999 surcharge are as follows: Option A Option B (rebase- for: (i) Low level waste disposal generic (rebase- lining with a activities; lining with- 50 percent (1) Generic and other research (ii) Activities not attributable to an out a cap) cap) activities directly related to the existing NRC licensee or class of regulation of materials licenses as licensees (e.g., international cooperative Research reac- defined in this part; and safety program and international tor ...... $85,900 $85,600 Test reactor ...... 85,900 85,600 (2) Other safety, environmental, and safeguards activities; support for the safeguards activities for materials Agreement State program, and site licenses, except costs for licensing and decommissioning management plan 14. Section 171.16 is revised to read as follows: inspection activities that are recovered (SDMP) activities); and under Part 170 of this chapter. (iii) Activities not currently subject to § 171.16 Annual Fees: Materials 10 CFR part 170 licensing and Licensees, Holders of Certificates of (c) A licensee who is required to pay inspection fees based on existing law or Compliance, Holders of Sealed Source and an annual fee under this section may Commission policy, e.g., reviews and Device Registrations, Holders of Quality qualify as a small entity. If a licensee inspections conducted of nonprofit Assurance Program Approvals and qualifies as a small entity and provides educational institutions and licensing Government Agencies Licensed by the the Commission with the proper actions for Federal agencies, and costs NRC. certification with the annual fee that would not be collected from small (a)(1) The provisions of this section payment, the licensee may pay reduced entities based on Commission policy in apply to person(s) who are authorized to annual fees as shown below. Failure to accordance with the Regulatory conduct activities under— file a small entity certification in a Flexibility Act. (i) 10 CFR part 30 for byproduct timely manner could result in the denial (2) The total FY 1999 surcharge material; of any refund that might otherwise be allocated to operating power reactor (ii) 10 CFR part 40 for source material; due.

Maximum an- nual fee per cicensed cat- egory

Small Businesses Not Engaged in Manufacturing and Small Not-For-Profit Organizations (Gross Annual Receipts): $350,000 to $5 million ...... $1,800 Less than $350,000 ...... 400

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Maximum an- nual fee per cicensed cat- egory

Manufacturing entities that have an average of 500 employees or less: 35 to 500 employees ...... 1,800 Less than 35 employees ...... 400 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 1,800 Less than 20,000 ...... 400 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Less: 35 to 500 employees ...... 1,800 Less than 35 employees ...... 400

(1) A licensee qualifies as a small which it is billed. The NRC will include (4) The maximum annual fee a small entity if it meets the size standards a copy of NRC Form 526 with each entity is required to pay is $1,800 for established by the NRC (See 10 CFR annual fee invoice sent to a licensee. A each category applicable to the 2.810). licensee who seeks to qualify as a small license(s). (2) A licensee who seeks to establish entity must submit the completed NRC (d) The FY 1999 annual fees, status as a small entity for purpose of Form 526 with the reduced annual fee including the surcharge shown in paying the annual fees required under payment. paragraph (e) of this section, for this section must file a certification materials licensees subject to fees under statement with the NRC. The licensee (3) For purposes of this section, the this section would be the amounts must file the required certification on licensee must submit a new certification shown under Option A. or Option B. NRC Form 526 for each license under with its annual fee payment each year. below:

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC [See footnotes at end of table]

Annual fees 1 2 3 Option B Category of materials licenses Option A (rebaselining (rebaselining with a 50 per- without a cap) cent cap)

1. Special nuclear material: A.(1) Licenses for possession and use of U±235 or plutonium for fuel fabrication activities: (a) Strategic Special Nuclear Material: Babcock & Wilcox SNM±42 ...... $3,281,000 $3,288,000 Nuclear Fuel Services SNM±124 ...... 3,281,000 3,288,000 (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel: Combustion Engineering (Hematite) SNM±33 ...... 1,100,000 1,103,000 General Electric Company SNM±1097 ...... 1,100,000 1,103,000 Siemens Nuclear Power SNM±1227 ...... 1,100,000 1,103,000 Westinghouse Electric Company SNM±1107 ...... 1,100,000 1,103,000 (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities: (a) Facilities with limited operations: Framatome Cogema SNM±1168 ...... 432,000 433,000 (b) All Others: General Electric SNM±960 ...... 314,000 315,000 B. Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI). See 10 CFR part 171.15(c). C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers ...... 1,200 1,200 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in un- sealed form in combination that would constitute a critical quantity, as defined in § 150.11 of this chap- ter, for which the licensee shall pay the same fees as those for Category 1.A.(2) ...... 3,300 3,400 E. Licenses or certificates for the operation of a uranium enrichment facility ...... 2,043,000 2,048,000 2. Source material: A.(1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride ...... 472,000 473,000 (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, heap-leaching, ore buying stations, ion exchange facilities and in processing of ores con- taining source material for extraction of metals other than uranium or thorium, including licenses author- izing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. Class I facilities 4 ...... 131,000 92,100 Class II facilities 4 ...... 109,000 52,100 Other facilities 4 ...... 30,400 30,500

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCÐContinued [See footnotes at end of table]

Annual fees 1 2 3 Option B Category of materials licenses Option A (rebaselining (rebaselining with a 50 per- without a cap) cent cap)

(3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) ...... 81,000 67,600 (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee's milling operations, except those licenses subject to the fees in Category 2.A.(2) ...... 13,000 11,900 B. Licenses that authorize only the possession, use and/or installation of source material for shielding ...... 600 620 C. All other source material licenses ...... 11,700 11,700 3. Byproduct material: A. Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial dis- tribution ...... 26,000 24,800 B. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution ...... 6,300 6,300 C. Licenses issued under §§ 32.72, 32.73, and/or 32.74 of this chapter authorizing the processing or man- ufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing byproduct material. This category also includes the possession and use of source material for shielding authorized under Part 40 of this chapter when included on the same li- cense. This category does not apply to licenses issued to nonprofit educational institutions whose proc- essing or manufacturing is exempt under 10 CFR 171.11(a)(1). These licenses are covered by fee Cat- egory 3D ...... 15,300 15,400 D. Licenses and approvals issued under §§ 32.72, 32.73, and/or 32.74 of this chapter authorizing distribu- tion or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources or devices not in- volving processing of byproduct material. This category includes licenses issued under §§ 32.72, 32.73 and 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is ex- empt under 10 CFR 171.11(a)(1). This category also includes the possession and use of source mate- rial for shielding authorized under Part 40 of this chapter when included on the same license ...... 3,800 3,800 E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units) ...... 3,400 3,400 F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also in- cludes underwater irradiators for irradiation of materials in which the source is not exposed for irradia- tion purposes ...... 5,700 5,700 G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also in- cludes underwater irradiators for irradiation of materials in which the source is not exposed for irradia- tion purposes ...... 14,800 14,800 H. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct ma- terial that require device review to persons exempt from the licensing requirements of Part 30 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for dis- tribution to persons exempt from the licensing requirements of Part 30 of this chapter ...... 3,200 3,200 I. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct ma- terial or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of Part 30 of this chapter, except for specific licenses authorizing redistribu- tion of items that have been authorized for distribution to persons exempt from the licensing require- ments of Part 30 of this chapter ...... 4,600 4,600 J. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct ma- terial that require sealed source and/or device review to persons generally licensed under Part 31 of this chapter, except specific licenses authorizing redistribution of terms that have been authorized for distribution to persons generally licensed under Part 31 of this chapter ...... 2,100 2,100 K. Licenses issued under Subpart B of Part 31 of this chapter to distribute items containing byproduct ma- terial or quantities of byproduct material that do not require sealed source and/or device review to per- sons generally licensed under Part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 31 of this chapter ...... 1,700 1,700 L. Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution ...... 11,200 11,200 M. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for research and development that do not authorize commercial distribution ...... 5,000 5,000 N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees speci- fied in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A, 4B, and 4C ...... 5,200 5,200

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCÐContinued [See footnotes at end of table]

Annual fees 1 2 3 Option B Category of materials licenses Option A (rebaselining (rebaselining with a 50 per- without a cap) cent cap)

O. Licenses for possession and use of byproduct material issued under Part 34 of this chapter for indus- trial radiography operations. This category also includes the possession and use of source material for shielding authorized under Part 40 of this chapter when authorized on the same license ...... 14,700 14,700 P. All other specific byproduct material licenses, except those in Categories 4A through 9D ...... 2,600 2,500 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nu- clear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person au- thorized to receive or dispose of waste material ...... 5 N/A ...... B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nu- clear material from other persons for the purpose of packaging or repackaging the material. The li- censee will dispose of the material by transfer to another person authorized to receive or dispose of the material ...... 11,300 11,400 C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material ...... 8,400 8,400 5. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies ...... 9,900 10,000 B. Licenses for possession and use of byproduct material for field flooding tracer studies ...... 5 N/A 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material ...... 18,900 19,000 7. Medical licenses: A. Licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license ...... 15,300 15,300 B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 ...... 27,800 27,800 C. Other licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct mate- rial, source material, and/or special nuclear material except licenses for byproduct material, source ma- terial, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same li- cense.9...... 5,800 5,800 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities ...... 1,200 1,200 9. Device, product, or sealed source safety evaluation: A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution ...... 6,000 6,100 B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices ...... 4,300 4,300 C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution...... 1,800 1,800 D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel ...... 600 620 10. Transportation of radioactive material: A. Certificates of Compliance or other package approvals issued for design of casks, packages, and ship- ping containers: Spent Fuel, High-Level Waste, and plutonium air packages ...... 6 N/A ...... Other Casks ...... 6 N/A ...... B. Quality assurance program approvals issued under 10 CFR part 71: Users and Fabricators ...... 66,700 66,800 Users ...... 2,200 1,500 11. Standardized spent fuel facilities ...... 6 N/A ...... 12. Special Projects ...... 6 N/A ...... 13. A. Spent fuel storage cask Certificate of Compliance ...... 6 N/A

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCÐContinued [See footnotes at end of table]

Annual fees 1 2 3 Option B Category of materials licenses Option A (rebaselining (rebaselining with a 50 per- without a cap) cent cap)

B. General licenses for storage of spent fuel under 10 CFR 72.210 * N/A ...... 14. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under to 10 CFR parts 30, 40, 70, 72, and 76 of this chapter ...... 7 N/A ...... 15. Import and Export licenses ...... 8 N/A ...... 16. Reciprocity ...... 8 N/A ...... 17. Master materials licenses of broad scope issued to Government agencies 358,000 359,000 18. Department of Energy: A. Certificates of Compliance ...... 872,000 873,000 B. Uranium Mill Tailing Radiation Control Act (UMTRCA) activities ...... 869,000 870,000 * See 10 CFR 171.15(c). 1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the fiscal year. However, the annual fee is waived for those materials licenses and holders of certificates, registrations, and ap- provals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses prior to October 1, 1998, and permanently ceased licensed activities entirely by September 30, 1998. Annual fees for licensees who filed for termination of a license, down- grade of a license, or for a POL during the fiscal year and for new licenses issued during the fiscal year will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. Licensees paying annual fees under Category 1A(1) are not subject to the annual fees for Category 1C and 1D for sealed sources authorized in the license. 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of Parts 30, 40, 70, 71, 72, or 76 of this chapter. 3 Each fiscal year, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the FEDERAL REGISTER for notice and comment. 4 A Class I license includes mill licenses issued for the extraction of uranium from uranium ore. A Class II license includes solution mining li- censes (in-situ and heap leach) issued for the extraction of uranium from uranium ores including research and development licenses. An ``other'' license includes licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. Once NRC issues a license for these categories, the Commission will consider establishing an annual fee for that type of license. 6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to the users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are li- censed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine licenses under Categories 7B or 7C. 10 This includes Certificates of Compliance issued to DOE that are not under the Nuclear Waste Fund.

(e) The activities comprising the § 171.19 Payment. Department of the Treasury surcharge are as follows: (a) Method of payment. Annual fee requirements, refunds will only be made (1) LLW disposal generic activities; payments, made payable to the U.S. upon receipt of information on the (2) Activities not attributable to an Nuclear Regulatory Commission, are to payee’s financial institution and bank existing NRC licensee or classes of be made in U.S. funds by electronic accounts. licensees; e.g., international cooperative funds transfer such as ACH (Automated (b) Annual fees in the amount of safety program and international Clearing House) using EDI (Electronic $100,000 or more and described in the safeguards activities; support for the Data Interchange), check, draft, money Federal Register notice issued under Agreement State program; site order, or credit card. Federal agencies § 171.13 must be paid in quarterly decommissioning management plan may also make payment by the On-line installments of 25 percent as billed by (SDMP) activities; and Payment and Collection System the NRC. The quarters begin on October (3) Activities not currently assessed (OPAC’s). Where specific payment 1, January 1, April 1, and July 1 of each licensing and inspection fees under 10 instructions are provided on the fiscal year. The NRC will adjust the CFR part 170 based on existing law or invoices to applicants and licensees, fourth quarterly invoice to recover the Commission policy, e.g., reviews and payment should be made accordingly, full amount of the revised annual fee. If inspections conducted of nonprofit e.g. invoices of $5,000 or more should the amounts collected in the first three educational institutions and reviews for be paid via ACH through NRC’s quarters exceed the amount of the Federal agencies; activities related to Lockbox Bank at the address indicated revised annual fee, the overpayment decommissioning and reclamation; and on the invoice. Credit card payments will be refunded. Licensees whose costs that would not be collected from should be made up to the limit annual fee for FY 1998 was less than small entities based on Commission established by the credit card bank, in $100,000 (billed on the anniversary date policy in accordance with the accordance with specific instructions of the license), and whose revised Regulatory Flexibility Act. provided with the invoices, to the annual fee for FY 1999 would be 15. Section 171.19 is revised to read Lockbox Bank designated for credit card $100,000 (subject to quarterly billing), as follows: payments. In accordance with would be issued a bill upon publication

VerDate 23-MAR-99 11:23 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\01APP2.XXX pfrm03 PsN: 01APP2 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Proposed Rules 15901 of the final rule for the full amount of based size standards and include a size entity compliance guide (Attachment 1) have the FY 1999 annual fee, less any standard for business concerns that are been prepared for the FY 1999 fee rule as payments received for FY 1999 based on manufacturing entities. The NRC uses the required by law. size standards to reduce the impact of annual the anniversary date billing process. II. Impact on Small Entities (c) Annual fees that are less than fees on small entities by establishing a licensee’s eligibility to qualify for a The fee rule results in substantial fees $100,000 are billed on the anniversary maximum small entity fee. The small entity being charged to those individuals, date of the license. For annual fee fee categories in § 171.16(c) of this proposed organizations, and companies that are purposes, the anniversary date of the rule are based on the NRC’s size standards licensed by the NRC, including those license is considered to be the first day The Omnibus Budget Reconciliation Act licensed under the NRC materials program. of the month in which the original (OBRA–90), as amended, requires that the The comments received on previous license was issued by the NRC. NRC recover approximately 100 percent of its proposed fee rules and the small entity Licensees that are billed on the license budget authority, less appropriations from certifications received in response to anniversary date will be assessed the the Nuclear Waste Fund, by assessing license previous final fee rules indicate that NRC licensees qualifying as small entities under annual fee in effect on the anniversary and annual fees. OBRA–90 requires that the schedule of charges established by rule the NRC’s size standards are primarily date of the license. Materials licenses should fairly and equitably allocate the total materials licensees. Therefore, this analysis subject to the annual fee that are amount to recovered from NRC’s licensees will focus on the economic impact of the terminated during the fiscal year but and be assessed under the principle that annual fees on materials licensees. About 20 prior to the anniversary month of the licensees who require the greatest percent of these licensees (approximately license will be billed upon termination expenditure of agency resources pay the 1,400 licensees) have requested small entity for the fee in effect at the time of the greatest annual charges. The amount to be certification in the past. A 1993 NRC survey billing. New materials licenses subject collected for FY 1999 is approximately of its materials licensees indicated that about to the annual fee will be billed in the $449.6 million. 25 percent of these licensees could qualify as Since 1991, the NRC has complied with small entities under the NRC’s size month the license is issued or in the OBRA–90 by issuing a final rule that amends standards. next available monthly billing for the its fee regulations. These final rules have The commenters on previous fee fee in effect on the anniversary date of established the methodology used by NRC in rulemakings consistently indicated that the the license. Thereafter, annual fees for identifying and determining the fees to be following results would occur if the proposed new licenses will be assessed in the assessed and collected in any given fiscal annual fees were not modified. anniversary month of the license. year. 1. Large firms would gain an unfair (d) Annual fees of less than $100,000 Since FY 1996, the NRC stabilized annual competitive advantage over small entities. must be paid as billed by the NRC. fees by adjusting the annual fees only by the Commenters noted that small and very small Materials license annual fees that are percentage change (plus or minus) in NRC’s companies (‘‘Mom and Pop’’ operations) less than $100,000 are billed on the total budget authority. The percentage change would find it more difficult to absorb the would be adjusted based on changes in the annual fee than a large corporation or a high- anniversary date of the license. The 10 CFR part 170 fees and other adjustments volume type of operation. In competitive materials licensees that are billed on the as well as an adjustment for the number of markets, such as soils testing, annual fees anniversary date of the license are those licensees paying the fees. The NRC indicated would put small licensees at an competitive covered by fee categories 1C, 1.D, that if there was a substantial change in the extreme disadvantage with its much larger 2(A)(2) other, 2A(3), 2A(4), 2B, 2C, 3A total NRC budget authority or the magnitude competitors because the proposed fees would through 3P, 4B through 9D, 10A, and of the budget allocated to a specific class of be the same for a two-person licensee and for 10B. licensees, the annual fee base would be a large firm with thousands of employees. (e) Payment is due on the invoice date recalculated. Because the NRC is proposing 2. Some firms would be forced to cancel and interest accrues from the date of the to establish a new annual fee class for FY their licenses. A licensee with receipts of less invoice. However, interest will be 1999 and based on program changes that than $500,000 per year stated that the have occurred, the NRC is proposing to proposed rule would, in effect, force it to waived if payment is received within 30 establish new baseline annual fees this fiscal relinquish its soil density gauge and license, days from the invoice date. year. This rebaselining would result in thereby reducing its ability to do its work Dated at Rockville, Maryland, this 25th day significant annual fee increases for certain effectively. Other licensees, especially well- of March, 1999. classes of licensees. Therefore, the NRC is loggers, noted that the unmitigated cost of the For the Nuclear Regulatory Commission. presenting for public comment two potential rule would force small businesses to get rid annual fee schedules, Option A-rebaselining of the materials license altogether. Peter J. Rabideau, without a cap, and Option B-rebaselining Commenters stated that the proposed rule Acting Chief Financial Officer. with a 50 percent cap. The NRC recognizes would result in about 10 percent of the well- Note: This appendix will not appear in the that under either option the rebaselined logging licensees terminating their licenses Code of Federal Regulations. annual fees would result in an increase in the immediately and approximately 25 percent Appendix A to this Proposed Rule—Draft annual fees charged to some categories of terminating their licenses before the next Regulatory Flexibility Analysis for the materials licensees. annual assessment. Amendments to 10 CFR Part 170 (License The Small Business Regulatory 3. Some companies would go out of Fees) and 10 CFR Part 171 (Annual Fees) Enforcement Fairness Act of 1996 (SBREFA) business. is intended to reduce regulatory burdens 4. Some companies would have budget I. Background imposed by Federal agencies on small problems. Many medical licensees noted The Regulatory Flexibility Act (RFA), as businesses, nonprofit organizations, and that, along with reduced reimbursements, the amended, (5 U.S.C. 601 et seq.) requires that governmental jurisdictions. SBREFA also proposed increase of the existing fees and the agencies consider the impact of their provides Congress with the opportunity to introduction of additional fees would rulemakings on small entities and, consistent review agency rules before they go into effect. significantly affect their budgets. Others with applicable statutes, consider Under this legislation, the NRC annual fee noted that, in view of the cuts by Medicare alternatives to minimize these impacts on the rule is considered a ‘‘major’’ rule and must and other third party carriers, the fees would businesses, organizations, and government be reviewed by Congress and the Comptroller produce a hardship and some facilities jurisdictions to which they apply. General before the rule becomes effective. would experience a great deal of difficulty in The NRC has established standards for SBREFA also requires that an agency prepare meeting this additional burden. determining which NRC licensees qualify as a guide to assist small entities in complying Since annual fees were first established, small entities (10 CFR 2.801). These size with each rule for which final regulatory approximately 3,000 license, approval, and standards reflect the Small Business flexibility analysis is prepared. This registration terminations have been Administration’s most common receipts- Regulatory Flexibility Analysis and the small requested. Although some of these

VerDate 23-MAR-99 11:23 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\01APP2.XXX pfrm03 PsN: 01APP2 15902 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Proposed Rules terminations were requested because the the NRC is proposing to continue, for FY requires all Federal agencies to prepare a license was no longer needed or licenses or 1999, the maximum annual fee (base annual written guide for each ‘‘major’’ final rule as registrations could be combined, indications fee plus surcharge) for certain small entities defined by the Act. The NRC’s fee rule, are that other termination requests were due at $1,800 for each fee category covered by published annually to comply with the to the economic impact of the fees. each license issued to a small entity. Omnibus Budget Reconciliation Act of 1990 The NRC continues to receive written and While reducing the impact on many small (OBRA–90) requires the NRC to collect oral comments from small materials licensees entities, the Commission agrees that the approximately 100 percent of its budget indicating that the monetary threshold for maximum annual fee of $1,800 for small authority each year through fees. This rule is small entities was not representative of small entities, when added to the Part 170 license considered a ‘‘major’’ rule under this law. businesses with gross receipts in the fees, may continue to have a significant This compliance guide has been prepared to thousands of dollars. These commenters impact on materials licensees with annual assist NRC material licensees comply with believe that even the $1,800 maximum gross receipts in the thousands of dollars. the FY 1999 fee rule. annual fee represents a relatively high Therefore, as in each year since 1992, the Licensees may use this guide to determine percentage of gross annual receipts for these NRC is continuing the lower-tier small entity whether they qualify as a small entity under ‘‘Mom and Pop’’ type businesses. Therefore, annual fee of $400 for small entities with NRC regulations and are eligible to pay even the reduced annual fee could have a relatively low gross annual receipts. The reduced FY 1999 annual fees assessed under significant impact on the ability of these lower-tier small entity fee of $400 also 10 CFR part 171. The NRC has established types of businesses to continue to operate. applies to manufacturing concerns, and two tiers of separate annual fees for those To alleviate the significant impact of the educational institutions not State or publicly materials licensees who qualify as small annual fees on a substantial number of small supported, with less than 35 employees. entities under NRC’s size standards. entities, the NRC considered the following Therefore, even though the proposed Licensees who meet NRC’s size standards alternatives, in accordance with the RFA, in rebaselined annual fees would increase the for a small entity must complete NRC Form developing each of its fee rules since 1991. annual fees charged to several categories of 526 to qualify for the reduced annual fee. 1. Base fees on some measure of the materials licensees, licensees who qualify as This form accompanies each annual fee amount of radioactivity possessed by the small entities would not be adversely invoice mailed to materials licensees. The licensee (e.g., number of sources). affected. 2. Base fees on the frequency of use of the completed form, the appropriate small entity licensed radioactive material (e.g., volume of III. Summary fee, and the payment copy of the invoice, patients). The NRC has determined that the 10 CFR should be mailed to the U.S. Nuclear 3. Base fees on the NRC size standards for part 171 annual fees significantly impact a Regulatory Commission, License Fee and small entities. substantial number of small entities. A Accounts Receivable Branch, to the address The NRC has reexamined its previous maximum fee for small entities strikes a indicated on the invoice. Failure to file a evaluations of these alternatives and balance between the requirement to collect small entity certification in a timely manner continues to believe that establishment of a 100 percent of the NRC budget and the may result in the denial of any refund that maximum fee for small entities is the most requirement to consider means of reducing might otherwise be due. appropriate and effective option for reducing the impact of the fee on small entities. On the NRC Definition of Small Entity the impact of its fees on small entities. basis of its regulatory flexibility analyses, the The NRC established, and intends to NRC concludes that a maximum annual fee The NRC has defined a small entity for continue for FY 1999, a maximum annual fee of $1,800 for small entities and a lower-tier purposes of compliance with its regulations for small entities. The RFA and its small entity annual fee of $400 for small (10 CFR 2.810) as follows: implementing guidance do not provide businesses and not-for-profit organizations 1. Small business—a for-profit concern that specific guidelines on what constitutes a with gross annual receipts of less than provides a service or a concern not engaged significant economic impact on a small $350,000, small governmental jurisdictions in manufacturing with average gross receipts entity. Therefore, the NRC has no benchmark with a population of less than 20,000, small of $5 million or less over its last 3 completed to assist it in determining the amount or the manufacturing entities that have less than 35 fiscal years; percent of gross receipts that should be employees and educational institutions that 2. Manufacturing industry—a charged to a small entity. For FY 1999, the are not State or publicly supported and have manufacturing concern with an average NRC will rely on the analysis previously less than 35 employees reduces the impact number of 500 or fewer employees based completed that established a maximum on small entities. At the same time, these upon employment during each pay period for annual fee for a small entity and the amount reduced annual fees are consistent with the the preceding 12 calendar months; of costs that must be recovered from other objectives of OBRA–90. Thus, the fees for 3. Small organization—a not-for-profit NRC licensees as a result of establishing the small entities maintain a balance between the organization which is independently owned maximum annual fees. objectives of OBRA–90 and the RFA. and operated and has annual gross receipts The NRC continues to believe that the 10 Therefore, the analysis and conclusions of $5 million or less; CFR part 170 application fees, or any established in previous fee rules remain valid 4. Small governmental jurisdiction—a adjustments to these licensing fees during the for FY 1999. government of a city, county, town, past year, do not have a significant impact on township, village, school district or special small entities. Attachment 1 to Appendix A district with a population of less than 50,000; By maintaining the maximum annual fee U.S. Nuclear Regulatory Commission, Small 5. Small educational institution—an for small entities at $1,800, the annual fee for Entity Compliance Guide, Fiscal Year 1999 educational institution supported by a many small entities is reduced while at the qualifying small governmental jurisdiction, same time materials licensees, including Contents or one that is not state or publicly supported small entities, would pay for most of the FY Introduction and has 500 or fewer employees; 2 1999 costs attributable to them. The costs not NRC Definition of Small Entity NRC Small Entity Fees recovered from small entities are allocated to NRC Small Entity Fees other materials licensees and to power Instructions for Completing NRC Form In 10 CFR 171.16(c), the NRC has reactors. However, the amount that must be established two tiers of small-entity fees for recovered from other licensees as a result of Introduction licensees that qualify under the NRC’s size maintaining the maximum annual fee is not The Small Business Regulatory standards. Currently, these fees are as expected to increase significantly. Therefore, Enforcement Fairness Act of 1996 (SBREFA) follows:

2 An educational institution referred to in the size nationally recognized accrediting agency or provides an educational program for which it standards is an entity whose primary function is association, who is legally authorized to provide a awards academic degrees, and whose educational education, whose programs are accredited by a program of organized instruction or study, who programs are available to the public.

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Maximum an- nual fee per li- censed cat- egory

Small Business Not Engaged in Manufacturing and Small Not-For Profit Organizations (Gross Annual Receipts): $350,000 to $5 million ...... $1,800 Less than $350,000 ...... 400 Manufacturing entities that have an average of 500 employees or less: 35 to 500 employees ...... 1,800 Less than 35 employees ...... 400 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 1,800 Less than 20,000 ...... 400 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Less: 35 to 500 employees ...... 1,800 Less than 35 employees ...... 400

To pay a reduced annual fee, a licensee licensed activities. There are limited maximum annual fee shown on NRC Form must use NRC Form 526, enclosed with the exceptions as set forth at 13 CFR 121.104. 526 for the size standard under which the fee invoice, to certify that it meets NRC’s size These are: the term receipts excludes net licensee qualifies, resulting in a fee of either standards for a small entity. Failure to file capital gains or losses, taxes collected for and $900 or $200 for each fee category billed NRC Form 526 in a timely manner may result remitted to a taxing authority if included in instead of the full small entity annual fee of in the denial of any refund that might gross or total income, proceeds from the $1,800 or $400. otherwise be due. transactions between a concern and its A new small entity form (NRC Form 526) domestic or foreign affiliates (if also excluded must be filed with the NRC each fiscal year Instructions for Completing NRC Form 526 from gross or total income on a consolidated to qualify for reduced fees for that fiscal year. 1. File a separate NRC Form 526 for each return filed with the IRS), and amounts Because a licensee’s ‘‘size,’’ or the size annual fee invoice received. collected for another by a travel agent, real standards, may change from year to year, the 2. Complete all items on NRC Form 526 as estate agent, advertising agent, or conference invoice reflects the full fee and a new Form follows: management service provider. must be completed and returned for the fee a. The license number and invoice number (3) A licensee who is a subsidiary of a large to be reduced to the small entity fee. must be entered exactly as they appear on the entity does not qualify as a small entity. LICENSEES WILL NOT BE ISSUED A NEW annual fee invoice. (4) The owner of the entity, or an official INVOICE FOR THE REDUCED AMOUNT. b. The Standard Industrial Classification empowered to act on behalf of the entity, The completed NRC Form 526, the payment (SIC) Code should be entered if it is known. must sign and date the small entity of the appropriate small entity fee, and the c. The licensee’s name and address must be certification. ‘‘Payment Copy’’ of the invoice should be entered as they appear on the invoice. Name The NRC sends invoices to its licensees for mailed to the U.S. Nuclear Regulatory and/or address changes for billing purposes the full annual fee, even though some entities Commission, License Fee and Accounts must be annotated on the invoice. Correcting qualify for reduced fees as a small entity. Receivable Branch at the address indicated the name and/or address on NRC Form 526 Licensees who qualify as a small entity and on the invoice. or on the invoice does not constitute a file NRC Form 526, which certifies eligibility If you have questions about the NRC’s request to amend the license. Any request to for small entity fees, may pay the reduced annual fees, please call the license fee staff amend a license is to be submitted to the fee, which for a full year is either $1,800 or at 301–415–7554, e-mail the fee staff at respective licensing staffs in the NRC $400 depending on the size of the entity, for [email protected], or write to the U.S. Nuclear Regional or Headquarters Offices. each fee category shown on the invoice. Regulatory Commission, Washington, DC d. Check the appropriate size standard Licensees granted a license during the first 20555, Attention: Office of the Chief under which the licensee qualifies as a small six months of the fiscal year and licensees Financial Officer. entity. Check one box only. Note the who file for termination or for a possession False certification of small entity status following: only license and permanently cease licensed could result in civil sanctions being imposed (1) The size standards apply to the activities during the first six months of the by the NRC under the Program Fraud Civil licensee, not the individual authorized users fiscal year pay only 50 percent of the annual Remedies Act, 31 U.S.C. 3801 et. seq. NRC’s listed in the license. fee for that year. Such an invoice states the implementing regulations are found at 10 (2) Gross annual receipts as used in the ‘‘Amount Billed Represents 50% Proration.’’ CFR part 13. size standards includes all revenue in This means the amount due from a small whatever form received or accrued from entity is not the prorated amount shown on [FR Doc. 99–7843 Filed 3–31–99; 8:45 am] whatever sources, not solely receipts from the invoice but rather one-half of the BILLING CODE 7590±01±P

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DEPARTMENT OF EDUCATION Individuals who use a evaluating the outcomes of the programs telecommunications devices for the deaf and strategies; and (7) revising the Office of Elementary and Secondary (TDD) may call the Federal Information comprehensive plan on the basis of Education Relay Service (FIRS) at 1–800–877–8339 evaluation information. between 8 a.m. and 8 p.m. Eastern Time, The goal of the Safe Schools/Healthy DEPARTMENT OF JUSTICE Monday through Friday. Students Initiative is to help students Office of Juvenile Justice and SUPPLEMENTARY INFORMATION: More than develop the skills and emotional Delinquency Prevention a generation of research has provided a resilience necessary to promote positive solid knowledge base of the complex mental health and engage in pro-social DEPARTMENT OF HEALTH AND risk processes that lead to violent behavior, and, thereby prevent violent HUMAN SERVICES outcomes for children, families, schools, behavior and alcohol and other drug use and communities. Antisocial behaviors to ensure that all students who attend Substance Abuse and Mental Health of children and adolescents at highest the schools served by this initiative are Services Administration risk arise from the interaction of able to learn in a safe, disciplined, and multiple environmental and individual drug-free environment. Successful Office of Juvenile Justice and antecedents that begin early in the applicants will provide students, Delinquency Prevention; Center for child’s life. They include (1) stressful schools, and families within the targeted Mental Health Services; Safe and Drug- family environments; (2) lack of geographic area to be served a network Free Schools and Communities parenting skills; (3) alienation between of effective comprehensive services, National Programs; Federal Activities family and school (and other supports, and activities that promote Grants ProgramÐSafe Schools/ community institutions); and (4) healthy development and safety. Healthy Students Initiative; Notice of individual characteristics of the child Eligible Applicants: Local educational Final Priority and Selection Criteria that may be biologically based (e.g., agencies. The Secretary, with the Secretary of AGENCY: Department of Education. irritability, impulsivity), that interfere with critical early attachment and HHS and the Attorney General, will ACTION: Notice of final priority and nurturing relationships and later make award approximately 50 grants in fiscal selection criteria for fiscal year 1999. the child’s behavior difficult to control. year 1999 to local educational agencies. To be eligible for funding applicants SUMMARY: The Secretary of Education This results in the early onset of (the Secretary), with the Secretary of aggressive behaviors, an increase in must: Health and Human Services and the behavior problems at home, and the (a) Demonstrate that they have Attorney General, announces a final continuation and escalation of problems developed a comprehensive, integrated, priority and selection criteria for fiscal with peers and teachers when the child community-wide Safe Schools/Healthy year (FY) 1999. Under this priority, the reaches school age. Unless interrupted, Students Plan in partnership with, at a Departments of Education (ED), Health antisocial behavior persists throughout minimum, their local public mental and Human Services (HHS), and Justice the school career and on into adulthood. health authority and law enforcement (DOJ) will fund the implementation and High risk converges in middle school agency, students and members of their enhancement of comprehensive and accelerates into adolescence. Risk is families, teachers, and juvenile justice community-wide strategies for creating exacerbated by exposure to negative officials, and that the plan addresses at safe and drug-free schools and peer pressure and a noxious least the following six elements: promoting healthy childhood environment where few protective (1) safe school environment; development. factors are available. This, in turn, (2) youth alcohol and drug To be funded, local comprehensive increases the likelihood of interpersonal prevention, violence prevention, and plans must address the following six violence and other antisocial behavior, early intervention; elements and may address other substance abuse and addiction, (3) school and community mental elements as determined by the needs of potential drug dealing, the emergence of health preventive and treatment the community: (1) Safe school disorders such as depression and intervention services; environment; (2) youth alcohol and drug anxiety, academic failure, risky sexual (4) early childhood psychosocial and prevention, violence prevention, and behaviors leading to increased risk for emotional development services; early intervention; (3) school and HIV and other sexually-transmitted (5) educational reform; and community mental health preventive diseases, and teen pregnancy. (6) safe school policies; and treatment intervention programs; (4) The Safe Schools/Healthy Students (b) Submit a written agreement signed early childhood psychosocial and Initiative draws on the best practices of by the school superintendent, the head emotion development services; (5) the education, justice, social service, of the local public mental health educational reform; and (6) safe school and mental health systems to promote a authority, and the chief law policies. comprehensive, integrated framework enforcement executive adopting the for use by communities in planning, plan that describes (1) the goals and EFFECTIVE DATE: This notice takes effect designing, and implementing programs objectives of the partnership, and (2) a April 1, 1999. to prevent school violence and youth delineation of the roles and FOR FURTHER INFORMATION CONTACT: alcohol and other drug use. This responsibilities of the partners; Detailed information regarding the Safe comprehensive framework includes: (1) (c) Submit a written agreement signed Schools/Healthy Students Initiative is Establishing school-community by the school superintendent and head available at the following sites on the partnerships; (2) identifying and of the local public mental health World Wide Web: measuring the problem; (3) setting organization that describes the http://www.ed.gov/offices/OESE/SDFS measurable goals and objectives; (4) procedures the signatories will use for http://www.ojjdp.ncjrs.org identifying appropriate research-based referral, treatment, and follow-up by the http://www.usdoj.gov/cops programs and strategies; (5) appropriate mental health system for http://www.samhsa.gov implementing the programs and children and adolescents with serious http://www.mentalhealth.org strategies in an integrated fashion; (6) mental health problems;

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(d) Provide a baseline assessment of appropriate law enforcement officials implementation is not feasible or risk factors among students and within and regulations regarding tobacco use appropriate. the community, and resources and are being enforced. Selection Criteria services available to students and their In making awards under this grant families, including: program, the Secretary, with the The Secretary, with the Secretary of (1) Risk factors among students such Secretary of HHS and the Attorney HHS and the Attorney General, uses the as the number of students engaged in General, may (1) take into consideration following selection criteria to evaluate alcohol and drug use and violent the geographic distribution and applications for new grants under this behavior; incidence and prevalence of diversity of activities addressed by the competition. alcohol and drug use by youth; weapon projects, in addition to the rank order of The maximum total score for all of carrying or possessing in schools; applicants, and (2) in accordance with these criteria is 100 points. incidents of serious and violent crime in Section 75.217(d) of the Education The maximum score for each criterion schools; truancy and other unauthorized Department General Administrative or factor under that criterion is absences; suicidal behaviors; student Regulations, ensure equitable indicated in parentheses. suspensions and/or expulsions for drug distribution of grants under this (a) Problem(s) to be addressed (20 use or violent behavior; students on program among urban, suburban, and points). probation; students in juvenile justice rural LEAs. In assessing the extent to which the placements; students in foster care and Contingent upon the availability of application is based on a clear and child protective services; children funds, the Secretary, with the Secretary accurate statement of a significant abused and neglected; students with of HHS and the Attorney General, may problem faced by the target community, emotional and behavioral disorders; and make additional awards in fiscal year the following factors are considered. data on school attendance and student 2000 from the rank-ordered list of (Note: Applicants from Federal academic performance. unfunded applicants from this Empowerment Zones or Enterprise (2) Community risk factors such as competition. Communities will have five points socioeconomic conditions as measured added to their score under this criterion, by the percentage of families at or below Note: This notice of final priority and with the total number of points awarded the poverty level and the percentage of selection criteria does not solicit not to exceed 20). students receiving free and reduced cost applications. A notice inviting applications (1) The magnitude or severity of the under this competition is published in a meals at schools; population turnover; separate notice in this issue of the Federal problem(s) to be addressed by the racial and ethnic heterogeneity; housing Register. proposed strategy. density; household composition; crime (2) The extent to which existing gaps and delinquency rates, including Applications for this competition in services and resources exist, the domestic violence and rape; and suicide must be received at the address magnitude of those gaps and rates. specified in the notice inviting weaknesses, and the extent to which the (3) Resources and services available to applications for this competition no community is ready to improve current students and their families such as later than 5 p.m. on June 1, 1999. conditions. number of after-school programs; Applications received after that time (3) The factual basis for the problem number of youth served by programs to will not be eligible for funding. statement based on data including, at a build social skills; number and quality Postmarked dates will not be accepted. minimum but not limited to, the rates of of community mental health and social Absolute Priority the following: service organizations available to —students engaged in alcohol and drug provide services to children, Under 34 CFR 75.105(c)(3), the Safe use and violent behavior; adolescents, and families; number of and Drug-Free Schools and —incidence and prevalence of alcohol youth participating in academic Communities Act, and the Omnibus and drug use among youth; readiness programs; number and types Consolidated and Emergency —weapon carrying or possessing in of early intervention services and Supplemental Appropriation Act of schools; programs; number and types of law 1999, Public law 105–277, enacted —incidents of serious and violent crime enforcement prevention programs; October 21, 1998, the Secretary, with in schools; number of substance abuse programs, the Secretary of HHS and the Attorney —truancy and other unauthorized and presence of a community anti-drug General, gives an absolute preference to absences; coalition. applications that meet the following —suicidal behaviors; (e) Agree to participate in a national priority. —student suspensions and expulsions; evaluation of the Initiative that will Absolute Priority—Enhancing and —students on probation; collect data on student risk indicators implementing comprehensive —students in juvenile justice and outcomes of the program(s) community-wide strategies for creating placements; implemented across sites on an annual safe and drug-free schools and —students in foster care and child basis. promoting healthy childhood protective services; (f) Provide a local plan for evaluating development. —children abused and neglected; the community-wide strategy and agree Applicants proposing a project under —students with emotional and to set aside sufficient funds (not less this priority must demonstrate how the behavioral disorders; and —student attendance and academic than 5 percent of the project budget) to funds they are requesting support or performance data. fund a local evaluator to assist with a enhance a comprehensive, integrated range of evaluation activities. strategy for an entire school district. In (4) Evidence of community risk (g) In the comprehensive plan, circumstances where implementation of factors including: provide for mental health services for all the strategy for an entire school district —socioeconomic conditions as students. is not possible, applicants must provide measured by the percentage of (h) Show that Federal regulations a full explanation of how the chosen families at or below the poverty level regarding possession of firearms and schools will receive all 6 elements of the and percentage of students receiving reporting of firearm offenses to plan, and why district-wide free and reduced cost meals at school;

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—population turnover; and developmental levels, gender, and (3) The extent to which the methods —racial and ethnic heterogeneity; ethnic and cultural diversity of the of evaluation will provide timely —housing density; target population; guidance for quality assurance. —household composition; (3) The extent to which the (e) Management and Organizational —crime and delinquency rates application clearly describes the Capability (20 points). including domestic violence and rape; programs, activities, and services that In determining the quality of and comprise the proposed strategy; management and organizational —suicide rates. (4) The extent to which the capability, the following factors are (5) The extent to which the problem application demonstrates a linkage considered: statement includes an assessment of the between program activities and (1) The level of commitment proposed community resources available for objectives of the strategy; by the written agreements signed by the children and adolescents, including: (5) The adequacy of the identified school superintendent, the head of the —number of after-school programs; performance measures to demonstrate local public mental health authority, —number of youth served by programs whether and to what extent the and the chief law enforcement to build social skills; proposed strategy is meeting its short- executive, as well as written agreements —number and quality of community term, intermediate, and long-term with other community partners. (2) The relevance and demonstrated mental health and social service objectives; commitment of each partner in the organizations available to provide (6) The extent to which the proposed proposed strategy to the implementation services to children, adolescents, and strategy will be coordinated with similar and success of the strategy. families; or related efforts and will establish (3) The adequacy of the management —number of youth participating in linkages with other appropriate agencies plan to achieve the objectives of the academic readiness programs; and organizations providing services to proposed project on time and within —number and types of early the target population including budget, including clearly defined intervention services and programs; community, State, and Federal responsibilities, timelines, and —number and types of law enforcement resources. milestones for accomplishing project prevention programs; (7) Adequacy and appropriateness of —number and quality of substance the plan to collect data related to tasks. (4) The adequacy of procedures for abuse prevention programs; and violence from a variety of sources such communicating and sharing information —presence of a community anti-drug as mental health services, social among all partners to ensure feedback coalition. services, schools, law enforcement and continuous improvement in the agencies, and the juvenile justice (b) Goals and objectives (10 points). operation of the strategy. system. In assessing the goals and objectives (5) The skills, experience, time (8) The potential for continued of the proposed comprehensive plan, commitments, and educational support of the strategy after Federal the following factors are considered. requirements of key staff and relevance funding ends, including, as appropriate, (1) The extent to which the goals and of the objectives of the proposed the demonstrated commitment of objectives for the proposed strategy are strategy. clearly defined, measurable, and appropriate entities to such support. (6) The extent to which staff and the attainable. (9) The extent to which the activities/ training of those staff reflect the needs (2) The extent to which the proposed interventions proposed under program of the population to be served. strategy will meet the established goals elements 2, 3, and/or 4 of the (f) Budget (10 points). and objectives and lead to healthy comprehensive plan are evidence-based; In determining the quality of the childhood development and positive that is, they have a solid base of budget, the following factors will be mental health, and safe, disciplined, research evidence demonstrating considered: and alcohol and drug-free learning effectiveness. (10 points) (1) The extent to which the costs are environments. (10) The extent to which the program reasonable in relation to the number of (3) The extent to which the objectives is adequately documented so that both students to be served and to the identified are related to measurable the process and positive outcome can be anticipated benefits and results; and action steps needed to achieve the easily replicated. (2) The extent to which fiscal control goal(s). (11) The extent to which the program and accounting procedures will ensure (c) Design of Proposed Strategy (30 selected is designed to help meet the prudent use, proper and timely points). goals and objectives of the community’s disbursement and accurate accounting In assessing the design of the comprehensive plan. of funds received under the grant. proposed strategy, the following factors (d) (Evaluation Plan (10 points) are considered. (Note: Ten of the 30 In determining the quality of the Waiver of Proposed Rulemaking points available for this criterion will be evaluation plan, the following factors It is the Secretary’s practice, in awarded for item 9, extent to which will be considered: accordance with the Administrative activities/interventions are evidence- (1) The extent to which the plan Procedure Act (5 U.S.C. 553), to offer based, for those strategies that propose provides information for increasing the interested parties the opportunity to activities under program elements 2,3, effectiveness of management and comment on proposed rules. Section and/or 4 of the comprehensive plan.) administration of the comprehensive 437(d)(1) of the General Education (1) The extent to which the proposed plan, documents that objectives have Provisions Act (GEPA), however, strategy represents a comprehensive been met, and determines the overall exempts from this requirement rules network in which each element of the effectiveness of the plan, its programs, that apply to the first competition under Safe Schools/Healthy Students Initiative and strategies. a new or substantially revised program. is addressed and incorporated in an (2) The extent to which the methods Funding was provided for this new integrated fashion; of evaluation are thorough, feasible, and initiative in the fiscal year 1999 (2) The extent to which the appropriate to the goals, objectives, and appropriations act enacted October 21, intervention is appropriate for the age outcomes of the proposed strategy. 1998. The Secretary, in accordance with

VerDate 23-MAR-99 11:28 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\A01AP3.172 pfrm03 PsN: 01APN2 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Notices 15909 section 437(d)(1) of GEPA, has decided DEPARTMENT OF EDUCATION Electronic access to this document to forego public comment in order to and the application package is available ensure timely grant awards. Office of Elementary and Secondary at: Education Intergovernmental Review http://ocfo.ed.gov/fedreg.htm DEPARTMENT OF JUSTICE http://www.ed.gov/offices/OESE/SDFS This program is subject to the http://www.ojjdp.ncjrs.org requirements of Executive Order 12372 Office of Juvenile Justice and http://www.usdoj.gov/cops (Intergovernmental Review of Federal Delinquency Prevention http://www/samhsa.gov Programs) and the regulations in 34 CFR http:/www.mentalhealth.org Part 79. The objective of the Executive DEPARTMENT OF HEALTH AND To request a copy of the application order is to foster an intergovernmental HUMAN SERVICES package by mail, call 800–638–8736, partnership and to strengthen Substance Abuse and Mental Health select Option 2 and ask for SL 336, Safe federalism by relying on processes Services Administration Schools/Healthy Students Initiative developed by State and local Application Package. To request the governments for coordination and Office of Juvenile Justice and application via Fax-on-Demand review of proposed Federal financial Delinquency Prevention; Center for (available 24 hours a day, seven days a assistance. Mental Health Services; Safe and Drug- week), call 800–638–8736, select Option 1, select Option 2, and follow In accordance with the order, this Free Schools and Communities National Programs; Federal Activities instructions to enter the following 4 document is intended to provide early digit numbers: notification of the Federal Departments’ Grant ProgramÐSafe School/Healthy Students Initiative; Notice Inviting 9081, Safe Schools/Healthy Students specific plans and actions for this Instructions and Checklist; program. Applications for New Awards for Fiscal Year 1999 9082, Safe Schools/Healthy Students Electronic Access to This Document Program Announcement and Purpose of Program: To fund the Appendices. Anyone may view this document on implementation and enhancement of Individuals who use a the World Wide Web at the following comprehensive community-wide telecommunications device for the deaf sites: strategies for creating safe and drug-free (TDD) may call the Federal Information schools and promoting healthy Relay Service (FIRS) at 1–800–877–8339 http://ocfo.ed/gov/fedreg.htm childhood development. between 8 a.m. and 8 p.m., Eastern time, http://www.ed.gov/OESE/SDFS Eligible Applicants: Local educational Monday through Friday. agencies. http://www.ojjdp.ncjrs.org Individuals with disabilities may Applications Available: April 1, 1999. obtain this document in an alternative http://www.usdoj.gov/cops Deadline for Receipt of Applications: formation (e.g. Braille, large print, audio http://www.samhsa.gov June 1, 1999. tape, or computer diskette) upon request http://www.mentalhealth.org Note: All applications must be received by to the contact listed above. However, the 5 p.m. Eastern Time on or before the deadline Departments of Education, Justice, and Note: The official version of this document date. Applications received after that time Health and Human Services are not able is the document published in the Federal will not be eligible for funding. Postmarked to reproduce in an alternative format the Register. dates will not be accepted. Applications by standard forms included in the Dated: March 25, 1999. mail should be sent to: OJJDP, c/o Juvenile Justice Resource Center, 2277 Research Blvd, application package. Judith Johnson, Mail Stop 2K, Rockville, MD 20850; (301) Note: The official version of this document Acting Assistant Secretary, Office of 519–5535. is the document published in the Federal Elementary and Secondary Education. Deadline for Intergovernmental Register. Program Authority: 20 U.S.C. 7131 Shay Bilchik, Review: July 31, 1999. and the Omnibus Consolidated and Administrator, Office of Juvenile Justice and Available Funds: $180,000,000. Emergency Supplemental Appropriation Act of 1999, Public Law 105–277, enacted Delinquency Prevention. Estimated Average Size of Awards: October 21, 1998. Joseph Brann, Up to $3 million for LEAs in urban Dated: March 25, 1999. areas; up to $2 million for LEAs in Director, Office of Community Oriented Judith Johnson, Policing Services. suburban areas; up to $1 million for Acting Assistant Secretary, Office of Nelba Chavez, LEAs in rural area or tribal schools. Estimated Number of Awards: 50. Elementary and Secondary Education. Administrator, Substance Abuse and Mental Shay Bilchik, Health Services Administration. Note: The Departments of Education, Justice, and Health and Human Services are Administrator, Office of Juvenile Justice and (Catalog of Federal Domestic Assistance not bound by any estimates in this notice. Delinquency Prevention. Number 84.184L, Safe and Drug-Free Schools Joseph Brann, Project Period: Up to 36 months. and Communities Act National Programs— Applicable Regulations: Director, Office of Community Oriented Policing Services. Federal Activities Grants Program.) (a) The Education Department General [FR Doc. 99–7943 Filed 3–31–99; 8:45 am] Administrative Regulations (EDGAR) in Nelba Chavez, Administrator, Substance Abuse and Mental BILLING CODE 4000±01±U 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 85, 98, and 99; and Health Services Administration. (b) The Notice of final priority and (Catalogue of Federal Domestic Assistance selection criteria for FY 1999 published Number 84.184L, Safe and Drug-Free Schools elsewhere in this issue of the Federal and Communities Act National Programs— Federal Activities Grants Program.) Register. For Applications or Information [FR Doc. 99–7944 Filed 3–31–99; 8:45 am] Contact: BILLING CODE 4000±01±U

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DEPARTMENT OF TRANSPORTATION and (b). Aviation regulations according air traffic control. The FAA’s the same responsibility as section codification of the latter aspect of these Federal Aviation Administration 91.123 have existed in similar terms for responsibilities currently appears in 14 many decades. CFR 91.123(a), which requires pilots to 14 CFR Part 91 As a practical matter, air traffic request clarification in the event that control communications rely heavily on Pilot Responsibility for Compliance they are uncertain about an air traffic accurate verbal radio communication. control clearance or instruction. With Air Traffic Control Clearances and As a result, the FAA has long Instructions considered that aviation safety requires With respect to the more general duty of pilots to remain attentive to and to AGENCY: Federal Aviation air traffic control to function as a comprehend air traffic control Administration (FAA), DOT. cooperative system, in which all transmissions, the FAA considers ACTION: Interpretive rule. participants must share the responsibility for accurate responsibility to hinge on the SUMMARY: Pilots operating in areas in communication. In the FAA’s view, the circumstances. It is air traffic control’s which air traffic control is exercised are duty of pilots and air traffic controllers practice not to presume that a pilot has required by regulation to comply with alike is adherence to a high standard in received a clearance or instruction the clearances and instructions of air communicating clearly, listening unless the pilot first acknowledges traffic controllers except in very narrow attentively, and understanding receipt of the radio transmission. When circumstances. The FAA has reasonably. a clearance or instruction is issued and consistently construed and enforced this Bearing in mind these shared acknowledged but the pilot nevertheless requirement as ascribing to pilots a high responsibilities, when a fails to comply with the transmission, level of responsibility to monitor air miscommunication or the FAA construes its regulations to traffic control communications misunderstanding occurs, the FAA indicate pilot responsibility where attentively. Under normal deems responsible the participant who neither air traffic control involvement circumstances, the FAA has expected is the initiating or principal cause of the nor a mechanical problem causes the pilots to understand and to comply with error. For example, the use of unclear pilot’s lapse. Thus, when air traffic clearly transmitted and reasonably terminology, a failure to hear accurately, control transmits a clearance or phrased clearances and instructions that or a failure to understand a clear instruction that is properly govern their operations. Nevertheless, a transmission can be the initiating or acknowledged and there is no evidence series of recent National Transportation principal cause of a miscommunication. of radio malfunction or similar Safety Board (NTSB) enforcement An example in which an air traffic interference with receipt, the FAA decisions has raised a question controller’s role excuses the pilot might presumes that the radio transmission is regarding the regulatory responsibility arise from the controller’s issuance of an received in the aircraft cockpit. Based of pilots to hear and to comply with air ambiguous clearance or use of on the pilot’s duty to listen attentively traffic control clearances and misleading terminology that reasonably to air traffic control transmissions and instructions. This interpretive rule causes the pilot’s misunderstanding. An to construe them reasonably, if a confirms the FAA’s historical example in which neither air traffic clearance or instruction is reasonably construction of its regulations that control nor the pilot is to blame for a phrased and received in the cockpit, the require compliance with air traffic miscommunication might exist when pilot’s failure to hear or to understand the aircraft’s radio fails. control clearances and instructions. it is the result of the pilot’s negligence. EFFECTIVE DATE: This document is With respect to the level of attention In reviewing the FAA’s enforcement effective March 26, 1999. and comprehension expected of pilots, an interpretation of a regulatory of FAA regulations, the NTSB has FOR FURTHER INFORMATION CONTACT: Eric predecessor to 14 CFR 91.123 was historically agreed with the FAA’s Harrell, Air Traffic Operations Program, published with the regulation from 1955 construction of the air traffic control ATO–100, Federal Aviation through 1962.1 This interpretation regulations. In Administrator v. Administration, 800 Independence reflects an expectation that pilots will Wolfenbarger, for example, an NTSB Avenue, SW, Washington, DC 20591, pay particular attention to the administrative law judge dismissed the (202) 267–9155 or James Tegtmeier, transmissions of air traffic control, FAA’s allegation that a pilot did not Office of the Chief Counsel, AGC–300, because air traffic controllers frequently comply with an air traffic control Federal Aviation Administration, 800 must issue clearances that differ from Independence Avenue, SW, instruction to stop his aircraft short of those that pilots anticipate. Washington, DC 20591, (202) 267–3137. the active runway. Noting that the pilot’s radios were working and that air SUPPLEMENTARY INFORMATION: It is important that pilots pay particular attention to the air traffic clearance and not traffic control’s radio transmissions History assume that the route and altitude are the were being broadcast, the NTSB granted same as requested in the flight plan. It is the FAA’s appeal. The FAA’s general operating and suggested that pilots make a written record flight rules require pilots to comply of clearances at the time they are received [] Whether radio frequencies are mis- with the clearances and instructions of and verify the clearance with Air Traffic selected, whether a pilot does not hear air traffic control, unless they are Control if any doubt exists. because his attention is elsewhere, or amended, except in an emergency or in This interpretative language captures whether he hears a transmission but chooses response to a traffic alert and collision the general responsibility of pilots to to ignore it, is irrelevant. * * * As the avoidance system resolution advisory. remain attentive to the content of air Administrator points out * * *, the law Although a number of aviation traffic control transmissions, as well as judge’s construction (that a pilot might regulations are based on this the duty of pilots to resolve any excusably miss an air traffic control requirement, the general responsibility confusion they perceive by contacting transmission without reason] would lead to of pilots to comply with air traffic avoidance of all [air traffic control]) instruction violations simply by claiming control clearances and instructions is 1 20 FR 2512, 2523 & n.3 (1955) (promulgating 14 presently located at 14 CFR 91.123 (a) CFR 60.21–1); see, e.g., 14 CFR 60.21–1 n.3 (1962). that they were not received. Not only is this

VerDate 23-MAR-99 11:30 Mar 31, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\01APR2.XXX pfrm03 PsN: 01APR2 Federal Register / Vol. 64, No. 62 / Thursday, April 1, 1999 / Rules and Regulations 15913 a strained reading, but it is inconsistent with misunderstanding.7 In language not subsequent air traffic control our prior interpretation of the rule.2 directly required for its legal contribution to the pilot’s error.15 The Similarly, in Administrator v. Nelson, conclusion, the NTSB added that the NTSB excused the pilot’s error based on the NTSB agreed that the text of an air pilots’ full readback placed his readback, although the pilot’s traffic control clearance supported the responsibility to correct the error on air readback was blocked by another radio conclusion that the pilot did not traffic control.8 Regardless, the NTSB transmissions and could not have been exercise the high level of care and acknowledged the importance of pilots’ received and corrected by air traffic attention expected of him when he careful attention to air traffic control control.16 mistakenly took a clearance, because it transmissions and specified that pilots The NTSB’s line of reasoning was directed to another aircraft. will, as a general rule, be held originating in Frohmuth and presently Although a portion of the clearance may responsible for their mistakes.9 culminating in Merrell, in effect, have been blocked and therefore not Despite the limiting language in substitutes a duty to provide a full or, received by the pilot, the NTSB found Frohmuth, the NTSB recast the decision in some cases, a partial readback for a that the pilot should not have construed the following year in Administrator v. pilot’s duty to listen carefully to and the clearance to be directed to his Atkins, developing a line of reasoning understand reasonably the air traffic aircraft.3 that does not hold pilots responsible for control transmissions received in his or Related to the responsibilities of the errors that they initiate. her aircraft. The NTSB’s interpretation does not correspond to the FAA’s pilots and air traffic controllers in (In Frohmuth), we clarified [our] precedent conducting radio communications, the by explaining that even if a deviation from construction of FAA regulations and NTSB has added to a pilot’s full and a clearance is initiated by an inadvertent requires correction. complete readback—or verbal mistake on the pilot’s part, that mistake will Interpretation repetition—of an air traffic control be excused and no violation will be found if, clearance or instruction offers a level of after the mistake, the pilot takes actions that, The NTSB’s Frohmuth-based line of redundancy that reduces the risk of but for [air traffic control], would have decisions deviates from an accurate miscommunication.4 At the same time, exposed the error and allowed for it to be construction of the FAA’s regulations 10 the NTSB acknowledged that FAA corrected. governing air traffic control The NTSB expanded this reasoning to regulations do not require pilots to give communications. These FAA excuse pilots based on certain partial a full and complete readback. The NTSB regulations require pilots to comply readbacks in its decision in observed that there is concern that full with air traffic control clearances and Administrator v Rolund.11 In Rolund, readbacks can lead to the congestion of instructions. Contrary to the NTSB’s the NTSB accepted that a pilot, without radio frequencies and in some instances reasoning, pilots do not meet this explanation, did not hear the altitude disserve air safety.5 regulatory imperative by offering a full portion of his clearance, although he Nevertheless, when pilots incorrectly and complete readback or by taking correctly read back another portion of other action that would tend to expose repeat air traffic control transmissions, the clearance.12 The NTSB excused the their error and allow for it to be the NTSB’s apparent preference for full pilot from responsibility despite his corrected. Readbacks are a redundancy readbacks has led to two inconsistent failure to provide a full and complete in that they supply a check on the lines of case law. The first line of NTSB readback, concluding that the air traffic exchange of information transmitted reasoning generally accords with the controller should have questioned the through the actual clearance or FAA’s interpretation of FAA pilot about the part of the clearance that instruction. Full and complete regulations. In these cases, the NTSB the pilot failed to read back.13 readbacks can benefit safety when the concludes that an air traffic controller’s More recently, in Administrator v overall volume of radio communications failure to identify and to correct a pilot’s Merrell, the NTSB excused a is relatively light; however, they can be erroneous readback contributes to the miscommunication for which the pilot detrimental during periods of pilot’s error and warrants a mitigation of was the initiating or principal cause due concentrated communications. the sanction for the pilot’s regulatory to an unexplained ‘‘error of perception,’’ Giving a full readback of an air traffic violation.6 resulting in the pilot’s acceptance of a control transmission could result in the A second line of NTSB decisions, clearance for another aircraft and a loss mitigation of sanction for a regulatory which diverges from the FAA’s of separation between two commercial violation when the air traffic controller, longstanding construction of FAA flights.14 The NTSB agreed that the under the circumstances, reasonably regulations, suggests that providing a pilot’s unexplained error caused the should correct the pilot’s error but fails readback will excuse the pilot even if miscommunication and also seemingly to do so. Accordingly, the FAA may take the pilot is the initiating or principal agreed that there was no prior or this factor into consideration in setting cause of a miscommunication. In the amount of sanction in FAA administrator v. Frohmuth, the NTSB 7 No. EA–3816, 1993 WL 75479, at *2 (N.T.S.B. enforcement orders. However, the appeared to base its decision on a Mar. 18, 1993). simple act of giving a readback does not finding the air traffic controller initiated 8 Frohmuth, No. EA–3816, 1993 WL 75479, at *2– shift full responsibility to air traffic and then supported the two pilots’ 3. control and cannot insulate pilots from 9 Frohmuth, No. EA–3816, 1993 WL 75479, at *2. their primary responsibility under 14 2 Wolfenbarger, No. EA–3684, 1992 WL 289055, at 10 Atkins, No. EA–4078, 1994 WL 49589, at *2 CFR 91.123 and related regulations to *3 (N.T.S.B. Oct. 8, 1992) (citation omitted). (N.T.S.B. Feb. 16, 1994). listen attentively, to hear accurately, 3 11 Nelson, 2 N.T.S.B. at 1900, 1902 (1975). No. EA–4123, 1994 WL 132539, (N.T.S.B. Apr. and to construe reasonably in the first 4 See, e.g., Administrator v. Hinkle, 5 N.T.S.B. 8, 1994) (order denying reconsideration), aff’d, 57 2423, 2425–26 (1987). F.3d 1144 (D.C. Cir. 1995). instance. 5 Hinkle, 2 N.T.S.B. at 2426. 12 Rolund, No. EA–4123, 1994 WL 132539, at *2. 6 See Administrator v. Swafford, No. EA–4117, 13 Rolund, No. EA–4123, 1994 WL 132539, at *2. 15 Merrell, No. EA–4530, 1997 WL 335741, at *2; 1994 WL 108069, at *2–3 (N.T.S.B. Mar. 31, 1994) 14 No. EA–4530, 1997 WL 335741, at *2 (N.T.S.B. Merrell, No. EA–4670, 1998 WL 309790, at *1 & 3 (reversing the administrative law judge’s initial Mar. 12, 1997), recon. denied, No. EA–4670, 1998 n.4. decision dismissing the FAA’s complaint, WL 309790 (N.T.S.B. June 11, 1998), petition for 16 Merrell, No. EA–4530, 1997 WL 335741, at *1, reinstating two pilots’ regulatory violations, and review docketed, No. 98–1365 (D.C. Cir. Aug. 7, 2; Merrell, No. EA–4670, 1998 WL 309790, at *1 & reducing the sanction for the violations). 1998). 3 n.4.

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Economic Considerations Regulatory Policies and Procedures. separate economic impact, and no This interpretive rule will not have a further economic evaluation is This interpretation is not a change to significant impact on a substantial warranted. the subject regulation that must undergo number of small entities and will not the economic analyses prescribed in Issued in Washington, DC, on March 26, Executive Order 12866 or the Regulatory constitute a barrier to international 1999. Flexibility Act of 1980. It is not ‘‘a trade. Because this interpertive rule Jane F. Garvey, significant regulatory action’’ as defined merely provides the correct Administrator. in the Executive Order or the interpretation of a regulation as the FAA [FR Doc. 99–8081 Filed 3–31–99; 8:45 am] Department of Transportation has enforced it, it does not impose a BILLING CODE 4910±13±M

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FEDERAL REGISTER PAGES AND DATES, APRIL 15633±15914...... 1

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REMINDERS 1- to 4-family residential Risk-based capital: COMMERCE DEPARTMENT The items in this list were properties, etc.; published Construction loans on National Oceanic and editorially compiled as an aid 3-2-99 presold residential Atmospheric Administration to Federal Register users. GENERAL SERVICES properties, junior liens on Fishery conservation and Inclusion or exclusion from ADMINISTRATION 1- to 4-family residential management: this list has no legal Federal travel: properties, etc.; published West Coast States and significance. Privately owned automobile 3-2-99 Western Pacific mileage reimbursement; Savings associations: fisheriesÐ published 3-31-99 Capital distributions; RULES GOING INTO West Coast salmon; HEALTH AND HUMAN published 1-19-99 comments due by 4-5- EFFECT APRIL 1, 1999 SERVICES DEPARTMENT 99; published 3-4-99 Food and Drug COMMENTS DUE NEXT COMMODITY FUTURES AGENCY FOR Administration WEEK TRADING COMMISSION INTERNATIONAL Animal drugs, feeds, and Reporting requirements: DEVELOPMENT related products: AGRICULTURE Large trader reports; Organization, functions, and New drug applicationsÐ DEPARTMENT reporting levels changes; authority delegations: Dinoprost tromethamine Animal and Plant Health comments due by 4-5-99; Executive agency status; sterile solution; Inspection Service published 2-3-99 published 4-1-99 published 4-1-99 Plant-related quarantine, CORPORATION FOR ARMS CONTROL AND Sponsor names and drug domestic: NATIONAL AND DISARMAMENT AGENCY labeler codes, etc.; Karnal bunt diseaseÐ COMMUNITY SERVICE Repeal of CFR regulations; technical amendments; Regulated areas Privacy Act; implementation; published 4-1-99 published 4-1-99 reclassification; comments due by 4-5-99; Sulfadimethoxine tablets COMMERCE DEPARTMENT comments due by 4-8- published 3-5-99 and boluses; technical 99; published 3-9-99 National Oceanic and amendment; published ENERGY DEPARTMENT Atmospheric Administration 4-1-99 AGRICULTURE Federal Energy Regulatory Marine mammals: Biological products: DEPARTMENT Commission Commercial fishing Pediatric studies Federal Crop Insurance Electric utilities (Federal Power operations; incidental requirements; safety and Corporation Act): takingÐ effectiveness of drugs and Crop insurance regulations: Open access same-time Atlantic large whale take biological products for Onions; comments due by information systems reduction plan; children; published 12-2- 4-5-99; published 2-18-99 (OASIS) and standards of published 2-16-99 98 AGRICULTURE conduct; implementation EDUCATION DEPARTMENT LABOR DEPARTMENT DEPARTMENT Uniform business Postsecondary education: Federal Contract Compliance Food Safety and Inspection practices; comments Programs Office Service due by 4-5-99; Gaining Early Awareness published 2-3-99 and Readiness for Affirmative action and Meat and poultry inspection: ENVIRONMENTAL Undergraduate Programs; nondiscrimination obligations Inspection services; fee PROTECTION AGENCY published 3-2-99 of contractos: increase; comments due FEDERAL DEPOSIT Individuals with disabilities; by 4-5-99; published 3-4- Air pollutants, hazardous; INSURANCE CORPORATION special disabled veterans; 99 national emission standards: published 4-1-99 Deposit insurance coverage: COMMERCE DEPARTMENT Polymer and resin PENSION BENEFIT production facilities Joint accounts and payable- Economic Development GUARANTY CORPORATION (Groups I and IV) and on-death accounts; Administration Single-employer plans: volatile organic compound published 4-1-99 Economic Development (VOC) emissions from Allocation of assetsÐ Risk-based capital: Reform Act of 1998; polymer manufacturing Construction loans on Interest assumptions for implementation; comments industry; comments due presold residential valuing benefits; due by 4-5-99; published 2- by 4-8-99; published 3-9- properties, junior liens on published 3-15-99 3-99 99 1- to 4-family residential TRANSPORTATION COMMERCE DEPARTMENT Polymer and resin properties, etc.; published DEPARTMENT Export Administration √2√production facilities 3-2-99 Coast Guard Bureau (Groups I and IV) and FEDERAL LABOR Drawbridge operations: Export licensing: volatile organic compound RELATIONS AUTHORITY Florida; published 3-2-99 Commerce control listÐ (VOC) emissions from polymer manufacturing Negotiability proceedings; TREASURY DEPARTMENT Missile technology industry; comments due meetings; published 12-2-98 controls changes; Comptroller of the Currency by 4-8-99; published 3-9- comments due by 4-9- FEDERAL RESERVE Risk-based capital: 99 SYSTEM 99; published 2-8-99 Construction loans on Air pollution control; new Availability of funds and presold residential COMMERCE DEPARTMENT motor vehicles and engines: collection of checks properties, junior liens on International Trade New nonroad spark-ignition (Regulation CC): 1- to 4-family residential Administration engines at or below 19 Software changes related to properties, etc.; published North American Free Trade kilowatts; phase 2 mergers; time to 3-2-99 Agreement (NAFTA); emission standards; implement; published 3- TREASURY DEPARTMENT binational panel reviews: comments due by 4-5-99; 26-99 Thrift Supervision Office Circular welded non-alloy published 2-3-99 Risk-based capital: Consumer credit classified as steel pipe and tube Air quality implementation Construction loans on loss, slow consumer credit, fromÐ plans; approval and presold residential and slow loans; definitions Mexico; comments due by promulgation; various properties, junior liens on removed; published 2-10-99 4-5-99; published 1-6-99 States:

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Connecticut; comments due Texas; comments due by 4- by 4-6-99; published 2-5- Air brake systemsÐ by 4-9-99; published 3-10- 5-99; published 2-23-99 99 Air brake standard 99 West Virginia; comments POSTAL SERVICE rulemaking petition; Air quality implementation due by 4-5-99; published Domestic Mail Manual: partial grant/partial plans; √A√approval and 2-23-99 denial; comments due Flat-size periodicals and promulgation; various Wyoming; comments due by by 4-5-99; published 2- States; air quality planning standard mail; packaging 3-99 4-5-99; published 2-23-99 material standards; purposes; designation of TREASURY DEPARTMENT areas: FEDERAL ELECTION comments due by 4-8-99; COMMISSION published 3-9-99 Fiscal Service Colorado; comments due by Financial management 4-9-99; published 3-10-99 Freedom of Information Act; SECURITIES AND implementation; comments services: Connecticut; comments due EXCHANGE COMMISSION due by 4-5-99; published 3- Federal payments by by 4-9-99; published 3-10- Securities: 4-99 electronic funds transfer; 99 Publication or submission of access to accounts at HEALTH AND HUMAN Hazardous waste: quotations without financial institutions SERVICES DEPARTMENT Identification and listingÐ specified information; through payment service Exclusions; comments due Children and Families comments due by 4-7-99; providers; comments due by 4-5-99; published 2- Administration published 3-8-99 by 4-8-99; published 1-8- 19-99 Head Start Program: Securities offerings, 99 Superfund program: Authorization of use of grant regulatory structure; TREASURY DEPARTMENT Toxic chemical release funds to finance modernization and Internal Revenue Service reporting; community-right- construction and major clarification; comments Income taxes: to-knowÐ renovation of facilities; due by 4-5-99; published Education tax credits; Hope 12-4-98 Persistent bioaccumulative comments due by 4-9-99; scholarship credit and toxic (PBT) chemicals; published 2-8-99 Takeovers and security lifetime learning credit; reporting thresholds HEALTH AND HUMAN holder communications; guidance; comments due lowered, etc.; comments SERVICES DEPARTMENT regulation modernization; by 4-6-99; published 1-6- due by 4-7-99; Food and Drug comments due by 4-5-99; 99 published 3-1-99 Administration published 12-4-98 Fast-pay stock; Water programs: Food for human consumption: TRANSPORTATION recharacterizing financing Pollutants analysis test Food labelingÐ DEPARTMENT arrangements; comments due by 4-6-99; published procedures; guidelinesÐ Dietary supplements; use Disadvantaged business 1-6-99 Mercury; measurement of health claims based enterprise participation in method; comments due on authoritative DOT financial assistance TREASURY DEPARTMENT by 4-5-99; published 3- statements; comments programs; comments due by Thrift Supervision Office 5-99 due by 4-6-99; 4-5-99; published 2-2-99 Regulated activities: FARM CREDIT published 1-21-99 TRANSPORTATION Exempt savings and loan ADMINISTRATION Medical devices: DEPARTMENT holding companies and Freedom of Information Act; External penile rigidity Federal Aviation grandfathered activities; implementation; comments devices; proposed Administration comments due by 4-9-99; due by 4-7-99; published 3- classification; comments Airworthiness directives: published 2-8-99 8-99 due by 4-5-99; published Allison Engine Co., Inc.; FEDERAL 1-4-99 comments due by 4-5-99; LIST OF PUBLIC LAWS COMMUNICATIONS INTERIOR DEPARTMENT published 2-4-99 COMMISSION Land Management Bureau Boeing; comments due by This is a continuing list of Radio services, special: Minerals management: 4-5-99; published 2-4-99 public bills from the current Personal radio servicesÐ session of Congress which McDonnell Douglas; Oil and gas leasingÐ have become Federal laws. It Medical implant comments due by 4-8-99; Federal oil and gas may be used in conjunction communications service published 2-22-99 in 402-405 MHz band; resources; protection with ``P L U S'' (Public Laws Raytheon; comments due by establishment; against drainage by Update Service) on 202±523± 4-8-99; published 2-5-99 comments due by 4-9- operations on nearby 6641. This list is also 99; published 3-3-99 lands resulting in lower Textron Lycoming; available online at http:// royalties from Federal Radio stations; table of comments due by 4-5-99; www.nara.gov/fedreg. leases; correction; published 2-3-99 assignments: The text of laws is not comments due by 4-5- Class E airspace; comments California; comments due by 99; published 1-13-99 published in the Federal 4-5-99; published 2-23-99 due by 4-9-99; published 3- Register but may be ordered INTERIOR DEPARTMENT Colorado; comments due by 10-99 in ``slip law'' (individual 4-5-99; published 2-23-99 Surface Mining Reclamation TRANSPORTATION pamphlet) form from the Illinois; comments due by 4- and Enforcement Office DEPARTMENT Superintendent of Documents, 5-99; published 2-23-99 Permanent program and National Highway Traffic U.S. Government Printing Iowa; comments due by 4- abandoned mine land Safety Administration Office, Washington, DC 20402 5-99; published 2-23-99 reclamation plan American Automobile Labeling (phone, 202±512±1808). The submissions: Kansas; comments due by Act; implementation: text will also be made 4-5-99; published 2-23-99 Indiana; comments due by available on the Internet from Motor vehicle content GPO Access at http:// Kentucky; comments due by 4-9-99; published 2-8-99 labeling; domestic and www.access.gpo.gov/nara/ 4-5-99; published 2-23-99 LEGAL SERVICES foreign parts content CORPORATION index.html. Some laws may Montana; comments due by information; comments not yet be available. 4-5-99; published 2-23-99 Audit services: due by 4-9-99; published Pennsylvania; comments Debarment, suspension, and 2-8-99 H.R. 808/P.L. 106±5 due by 4-5-99; published removal of recipient Motor vehicle safety To extend for 6 additional 2-23-99 auditors; comments due standards: months the period for which

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CFR ISSUANCES 1999 11 60±139 January 1999 Editions and Projected April, 1999 140±199 Editions 12 Parts: 200±1199 1±199 1200±End 200±219 This list sets out the CFR issuances for the January 1999 editions 220±299 15 Parts: and projects the publication plans for the April, 1999 quarter. 300±499 0±299 A projected schedule that will include the July, 1999 quarter will 500±599 300±799 appear in the first Federal Register issue of July. 600±End 800±End For pricing information on available 1998±1999 volumes consult the CFR checklist which appears every Monday in 13 16 Parts: the Federal Register. 0±999 Pricing information is not available on projected issuances. The 14 Parts: 1000±End weekly CFR checklist and the monthly List of CFR Sections 1±59 Affected will continue to provide a cumulative list of CFR titles and parts, revision date and price of each volume. Projected April 1, 1999 editions: Normally, CFR volumes are revised according to the following Title schedule: 17 Parts: Titles 1±16ÐJanuary 1 1±199 24 Parts: 200±239 0±199 Titles 17±27ÐApril 1 240±End 200±499 Titles 28±41ÐJuly 1 500±699 Titles 42±50ÐOctober 1 18 Parts: 700±1699 All volumes listed below will adhere to these scheduled revision 1±399 1700±End dates unless a notation in the listing indicates a different revision 400±End date for a particular volume. 25 19 Parts: Titles revised as of January 1, 1999: 1±140 26 Parts: 141±199 1 (§§ 1.0-1±1.60) Title 200±End 1 (§§ 1.61±1.169) CFR Index 700±899 1 (§§ 1.170±1.300) 900±999 20 Parts: 1 (§§ 1.301±1.400) 1±2 (Cover only) 1000±1199 1±399 1 (§§ 1.401±1.440) 1200±1599 400±499 1 (§§ 1.441±1.500) 3 (Compilation) 1600±1899 500±End (possible cover only) 1 (§§ 1.501±1.640) (possible 1900±1939 cover only) 4 (Cover only) 1940±1949 21 Parts: 1 (§§ 1.641±1.850) 1950±1999 1±99 1 (§§ 1.851±1.907) 5 Parts: 2000±End 100±169 1 (§§ 1.908±1.1000) 1±699 170±199 1 (§§ 1.1001±1.1400) 700±1199 8 200±299 1 (§ 1.1401±End) 1200±End 300±499 2±29 9 Parts: 500±599 30±39 6 [Reserved] 1±199 600±799 40±49 200±End 800±1299 50±299 7 Parts: 1300±End 300±499 1±26 10 Parts: 500±599 27±52 1±50 22 Parts: 600±End 53±209 51±199 1±299 210±299 200±499 300±End 27 Parts: 300±399 500±End 1±199 400±699 23 200±End

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TABLE OF EFFECTIVE DATES AND TIME PERIODSÐAPRIL 1999

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

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

April 1 April 16 May 3 May 17 June 1 June 30

April 2 April 19 May 3 May 17 June 1 July 1

April 5 April 20 May 5 May 20 June 4 July 6

April 6 April 21 May 6 May 21 June 7 July 6

April 7 April 22 May 7 May 24 June 7 July 6

April 8 April 23 May 10 May 24 June 7 July 7

April 9 April 26 May 10 May 24 June 8 July 8

April 12 April 27 May 12 May 27 June 11 July 12

April 13 April 28 May 13 May 28 June 14 July 12

April 14 April 29 May 14 June 1 June 14 July 13

April 15 April 30 May 17 June 1 June 14 July 14

April 16 May 3 May 17 June 1 June 15 July 15

April 19 May 4 May 19 June 3 June 18 July 19

April 20 May 5 May 20 June 4 June 21 July 19

April 21 May 6 May 21 June 7 June 21 July 20

April 22 May 7 May 24 June 7 June 21 July 21

April 23 May 10 May 24 June 7 June 22 July 22

April 26 May 11 May 26 June 10 June 25 July 26

April 27 May 12 May 27 June 11 June 28 July 26

April 28 May 13 May 28 June 14 June 28 July 27

April 29 May 14 June 1 June 14 June 28 July 28

April 30 May 17 June 1 June 14 June 29 July 29

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