3–24–00 Friday Vol. 65 No. 58 Mar. 24, 2000 Pages 15823–16116

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1 II Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. 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2 III

Contents Federal Register Vol. 65, No. 58

Friday, March 24, 2000

Agricultural Marketing Service Defense Department RULES See Navy Department Federal seed testing and certification services; fee increases, 15830–15832 Education Department Spearmint oil produced in— NOTICES Far West, 15832–15835 Grants and cooperative agreements; availability, etc.: NOTICES Elementary and secondary education— Agency information collection activities: Safe and Drug-Free Schools and Communities National Proposed collection; comment request, 15888–15889 Programs, 16088–16091

Agriculture Department Employment Standards Administration See Agricultural Marketing Service NOTICES See Animal and Plant Health Inspection Service Minimum wages for Federal and federally-assisted See Commodity Credit Corporation construction; general wage determination decisions, See Farm Service Agency 15926–15927 See Forest Service RULES Energy Department Supplemental standards of ethical conduct for Agriculture See Federal Energy Regulatory Commission Department employees, 15825–15830 NOTICES Grants and cooperative agreements; availability, etc.: Animal and Plant Health Inspection Service Hybrid power systems, 15899–15900 PROPOSED RULES Interstate transportation of animals and animal products Environmental Protection Agency (quarantine): RULES Tuberculosis in cattle, bison, goats, and captive cervids— Air programs: State and zone designations; correction, 15877–15878 Outer Continental Shelf regulations— California; consistency update, 15867–15873 Antitrust Division Air quality implementation plans; approval and NOTICES promulgation; various States: Competitive impact statements and proposed consent California, 15864–15867 PROPOSED RULES judgments: Air quality implementation plans; approval and Cargill, Inc., and Continental Grain Co., 15982–16033 promulgation; various States: California, 15883–15884 Arts and Humanities, National Foundation Pesticide programs: See National Foundation on the Arts and the Humanities Pesticides and ground water strategy; State management plan regulation; metolachlor and S-metalachlor Blind or Severely Disabled, Committee for Purchase From equivalency, 15884–15885 People Who Are Toxic substances: See Committee for Purchase From People Who Are Blind or Methyl Tertiary Butyl Ether (MTBE); elimination or Severely Disabled limitation as a fuel additive in gasoline, 16094–16109 NOTICES Commerce Department Environmental statements; availability, etc.: See International Trade Administration Agency statements— See National Oceanic and Atmospheric Administration Comment availability, 15903 NOTICES Weekly receipts, 15903–15904 Electronic commerce; laws or regulations posing barriers, Reports and guidance documents; availability, etc.: 15898 Resource Conservation and Recovery Act cleanup reforms; corrective action guidance documents; Committee for Purchase From People Who Are Blind or schedule and comment request, 15904–15906 Severely Disabled Superfund; response and remedial actions, proposed NOTICES settlements, etc.: Procurement list; additions and deletions, 15896–15897 Colorado School of Mines Research Institute Site, CO, 15904 Commodity Credit Corporation NOTICES Equal Employment Opportunity Commission Cotton import quotas, special; announcements, 15889– NOTICES 15890 Agency information collection activities: Proposed collection; comment request, 15907 Commodity Futures Trading Commission NOTICES Executive Office of the President Meetings; Sunshine Act, 15898 See Presidential Documents

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Farm Service Agency Federal Reserve System NOTICES NOTICES Meetings: Agency information collection activities: Beginning Farmers and Ranchers Advisory Committee, Reporting and recordkeeping requirements, 15908–15910 15890 Banks and bank holding companies: Formations, acquisitions, and mergers, 15910 Federal Aviation Administration Permissible nonbanking activities, 15910–15911 RULES Meetings; Sunshine Act, 15911 Air traffic operating and flight rules, etc.: Serbia-Montenegro; flights within territory and airspace; Federal Trade Commission prohibition removed (SFAR No. 84), 16112 NOTICES Special visual flight rules, 16114–16116 Meetings: Airworthiness directives: Slotting allowances and other grocery marketing Eurocopter Deutschland, 15858–15859 practices; antitrust concerns; workshop, 15911–15912 Eurocopter France, 15857–15858 Class D airspace, 15859 Federal Transit Administration Class D and Class E airspace, 15860–15861 NOTICES Class E airspace, 15861 Transportation Equity Act for 21st Century; PROPOSED RULES implementation: Airworthiness directives: Congestion Mitigation and Air Quality Improvement Bell, 15882–15883 Program; correction, 15931–15932 Eurocopter France, 15880–15882 Pratt & Whitney, 15878–15880 Fish and Wildlife Service RULES Federal Bureau of Investigation Endangered and threatened species: NOTICES Canada lynx, 16052–16086 Meetings: PROPOSED RULES Criminal Justice Information Services Advisory Policy Endangered and threatened species: Board, 15923 California tiger salamander; Santa Barbara distinct population, 15887 Federal Communications Commission NOTICES PROPOSED RULES Environmental statements; availability, etc.: Radio stations; table of assignments: Incidental take permits— Nevada, 15885 Orange County, CA; coastal California gnatcatcher, , 15886–15887 15914–15916 Washington, 15886 Natural resource restoration plans: NOTICES Saegertown Industrial Area Superfund Site, PA, 15916 Rulemaking proceedings; petitions filed, granted, denied, etc., 15907–15908 Forest Service NOTICES Federal Deposit Insurance Corporation Boundary establishment, descriptions, etc.: NOTICES East Fork of Jemez Wild and Scenic River, Santa Fe Meetings; Sunshine Act, 15908 National Forest, NM, 15890–15891 Peco Wild and Scenic River, Santa Fe National Forest, Federal Emergency Management Agency NM, 15891 NOTICES Environmental statements; notice of intent: Disaster and emergency areas: Caribou-Targhee National Forest, ID, 15891–15892 Kentucky, 15908 Kootenai National Forest, MT, 15892–15895 Virginia, 15908 Rogue River National Forest, OR, 15895 Tongass National Forest, AK, 15895–15896 Federal Energy Regulatory Commission NOTICES Health and Human Services Department Meetings: See Health Care Financing Administration Regional transmission organizations; regional collaborative workshops, 15902–15903 Health Care Financing Administration Applications, hearings, determinations, etc.: NOTICES Aquila Power Corp., 15900 Agency information collection activities: Commonwealth Edison Co. et al., 15900–15901 Submission for OMB review; comment request, 15912 El Paso Natural Gas Co., 15901 First Electric Cooperative Corp., 15901–15902 Housing and Urban Development Department Gleason Power I, L.L.C., et al., 15902 NOTICES Agency information collection activities: Federal Highway Administration Proposed collection; comment request, 15912–15913 NOTICES Submission for OMB review; comment request, 15913– Transportation Equity Act for 21st Century; 15914 implementation: Grants and cooperative agreements; availability, etc.: Congestion Mitigation and Air Quality Improvement Facilities to assist homeless— Program; correction, 15931–15932 Excess and surplus Federal property, 16036–16049

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Immigration and Naturalization Service National Foundation on the Arts and the Humanities RULES NOTICES Immigration: Meetings: Haitian nationals; status adjustment, 15835–15846 Humanities Panel, 15927–15928 Nicaraguan and Cuban nationals; status adjustment, 15846–15857 National Oceanic and Atmospheric Administration NOTICES RULES Organization, functions, and authority delegations: Fishery conservation and management: Director of Nebraska Service Center, 15924–15925 Atlantic highly migratory species— Interior Department Swordfish, 15873–15874 See Fish and Wildlife Service See Land Management Bureau National Park Service See Minerals Management Service NOTICES See National Park Service Meetings: See Surface Mining Reclamation and Enforcement Office Concessions Management Advisory Board, 15921

Internal Revenue Service Navy Department RULES NOTICES Income taxes: Inventions, Government-owned; availability for licensing, Passive foreign investment companies— 15898–15899 Marketable stock definition; correction, 15862 Meetings: Procedural rules: Chief of Naval Operations Executive Panel, 15899 Penalty mail use in location and recovery of missing Patent licenses; non-exclusive, exclusive, or partially children; correction, 15862 exclusive: Ford Motor Co., 15899 International Trade Administration NOTICES Nuclear Regulatory Commission Meetings: NOTICES Africa Advisory Committee, 15898 Applications, hearings, determinations, etc.: International Trade Commission Commonwealth Edison Co.; correction, 15933 NOTICES Agency information collection activities: Parole Commission Proposed collection; comment request, 15922 NOTICES Meetings; Sunshine Act, 15925–15926 Justice Department See Antitrust Division Personnel Management Office See Federal Bureau of Investigation PROPOSED RULES See Immigration and Naturalization Service Pay administration: See Parole Commission Locality-based comparability payments, 15875–15877 NOTICES Pollution control; consent judgments: Presidential Documents Apex Engineering et al., 15922–15923 ADMINISTRATIVE ORDERS Sorenson Engineering, Inc., 15923 Computers, high-performance, exports to China; delegation Labor Department of authority under National Defense Authorization Act See Employment Standards Administration for Fiscal Year 2000 (Memorandum of January 5, 2000), 15823 Land Management Bureau NOTICES Securities and Exchange Commission Environmental statements; notice of intent: RULES Caribou-Targhee National Forest, ID, 15891–15892 Investment companies: Public land orders: Personal investment activities fraud prevention; adoption Colorado, 15917 of policies and codes of ethics; correction, 15933 Idaho, 15917–15918 NOTICES Montana, 15918–15919 Agency information collection activities: Oregon, 15920 Submission for OMB review; comment request, 15928– Oregon; correction, 15919 15929 Washington, 15919 Submission for OMB review; comment request; Wyoming, 15920 correction, 15933 Realty actions; sales, leases, etc.: Investment Company Act of 1940: California; correction, 15920–15921 Order applications— Medallion Financial Corp., 15929–15930 Minerals Management Service Self-regulatory organizations; proposed rule changes: RULES National Association of Securities Dealers, Inc.; Outer Continental Shelf; oil, gas, and sulphur operations: correction, 15933 Documents incorporated by reference; update; technical Applications, hearings, determinations, etc.: amendment, 15862–15864 Public utility holding company filings; correction, 15933

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Small Business Administration Separate Parts In This Issue NOTICES Disaster loan areas: Part II Ohio, 15930–15931 Department of State, 15935–15979 Meetings; district and regional advisory councils: Florida, 15931 Part III Hawaii, 15931 Department of Justice, Antitrust Division, 15981–16033

State Department Part IV NOTICES Department of Housing and Urban Development, 16035– Gifts to Federal employees from foreign governments; list, 16049 15936–15979 Part V Surface Mining Reclamation and Enforcement Office Department of the Interior, Fish and Wildlife Service, NOTICES 16051–16086 Environmental statements; availability, etc.: Fall Creek Falls State Park and Natural Area, TN; Part VI unsuitability for mining operations, 15921–15922 Department of Education, 16087–16091 Part VII Surface Transportation Board Environmental Protection Agency, 16093–16109 NOTICES Rail carriers: Part VIII Cost recovery procedures— Department of Transportation, Federal Aviation Adjustment factor, 15932 Administration, 16111–16112

Transportation Department Part IX See Federal Aviation Administration Department of Transportation, Federal Aviation See Federal Highway Administration Administration, 16113–16116 See Federal Transit Administration See Surface Transportation Board Reader Aids Treasury Department Consult the Reader Aids section at the end of this issue for See Internal Revenue Service phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Memorandum of January 5, 2000 ...... 15823 5 CFR Ch. LXXIII ...... 15825 Proposed Rules: 531...... 15875 7 CFR 75...... 15830 985...... 15832 8 CFR 3 (2 documents) ...... 15835, 15846 212 (2 documents) ...... 15835, 15846 240 (2 documents) ...... 15835, 15846 245 (2 documents) ...... 15835, 15846 274a (2 documents) ...... 15835, 15846 299 (2 documents) ...... 15835, 15846 9 CFR Proposed Rules: 77...... 15877 14 CFR 39 (2 documents) ...... 15857, 15858 71 (4 documents) ...... 15859, 15860, 15861 91 (2 documents) ...... 16112, 16114 Proposed Rules: 39 (3 documents) ...... 15878, 15880, 15882 26 CFR 1...... 15862 601...... 15862 30 CFR 250...... 15862 40 CFR 52...... 15864 55...... 15867 Proposed Rules: 52...... 15883 152...... 15884 156...... 15884 755...... 16094 47 CFR Proposed Rules: 73 (3 documents) ...... 15885, 15886 50 CFR 17...... 16052 635...... 15873 Proposed Rules: 17...... 15887

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Federal Register Presidential Documents Vol. 65, No. 58

Friday, March 24, 2000

Title 3— Memorandum of January 5, 2000

The President Delegation of Authority Under Section 1406 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65)

Memorandum for the Secretary of Energy

By the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Energy and the Secretary of Defense the duties and responsibilities vested in the President by section 1406 of the National Defense Authorization Act for Fiscal Year 2000 (‘‘the Act’’) (Public Law 106–65). The Departments of Energy and Defense shall jointly prepare a report with the assistance of the Department of State, the Department of Commerce, and the Director of Central Intelligence. The Departments of Defense and Energy shall obtain concurrence on the report from the following agencies: the Department of State, the Department of Commerce, and the Director of Central Intelligence on behalf of the Intelligence Community prior to submission to the Congress. Any reference in this memorandum to the provisions of any Act shall be deemed to be a reference to such Act or its provisions as may be amended from time to time. You are authorized and directed to publish this memorandum in the Federal Register. œ–

THE WHITE HOUSE, Washington, January 5, 2000.

[FR Doc. 00–7426 Filed 3–23–00; 8:45 am] Billing code 6450–01–M

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Rules and Regulations Federal Register Vol. 65, No. 58

Friday, March 24, 2000

This section of the FEDERAL REGISTER Department of Agriculture, Room 348– Section 8301.102 General Prior contains regulatory documents having general W—Stop 0122, 1400 Independence Approval Requirement for Outside applicability and legal effect, most of which Avenue, SW., Washington, DC 20250– Employment are keyed to and codified in the Code of 0122, telephone (202) 720–2251. Federal Regulations, which is published under The Standards, at 5 CFR 2635.803, 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: specifically recognize that an agency may find it necessary or desirable to The Code of Federal Regulations is sold by I. Background issue a supplemental regulation the Superintendent of Documents. Prices of requiring its employees, or any category new books are listed in the first FEDERAL On August 7, 1992, OGE published of employees, to obtain approval before REGISTER issue of each week. the new Standards, which became engaging in outside employment. effective on February 3, 1993. The Department employees, pursuant to the standards, as corrected and amended, Department’s Employee Conduct and DEPARTMENT OF AGRICULTURE are codified at 5 CFR part 2635. On Responsibilities regulations at 7 CFR 5 CFR Chapter LXXIII October 3, 1997, the Department’s part 0, long had been required to seek Employee Conduct and Responsibilities prior approval before engaging in RIN 3209±AA15 regulations were removed. See 62 FR outside employment. This regulatory 51759–51760. requirement lapsed after November 1, Supplemental Standards of Ethical 5 CFR 2635.105 authorizes agencies, 1996, upon the expiration of the last Conduct for Employees of the grace period extension granted by OGE with the concurrence of OGE, to publish Department of Agriculture for agency prior approval requirements agency-specific supplemental and agency prohibitions on holding or AGENCY: Department of Agriculture regulations that are necessary to (Department or USDA). acquiring financial interests in effect implement their respective ethics prior to the effective date of the ACTION: Interim rule. programs. The Department, with OGE Standards. concurrence, has determined that the SUMMARY: The Department of The Department found its prior Agriculture (Department or USDA), with following interim supplemental rules approval requirement particularly the concurrence of the Office of being codified in a new chapter LXXIII useful in ensuring that the outside Government Ethics (OGE), is issuing of 5 CFR, consisting of part 8301, are employment of USDA employees regulations for Department employees necessary to the success of its ethics conformed with all applicable laws and that supplement the Standards of program. regulations. At the same time, the former requirement for universal prior Ethical Conduct for Employees of the II. Analysis of the Regulations Executive Branch (Standards), as issued approval had been viewed as by OGE. The regulations set forth both Section 8301.101 General unnecessarily burdensome and a general requirement for certain intrusive, particularly in those instances Department employees to obtain prior Section 8301.101 explains that the in which the employee’s outside approval before engaging in outside regulations apply to all Department employment posed little danger to the employment and separate, more- employees and supplement the interests of USDA and its agencies, or extensive prior approval requirements executive branchwide Standards. In where there was little or no nexus for employees of the USDA Farm addition, this section notes that between the employee’s official duties Service Agency (FSA), Food Safety and employees of the Department are also and his or her outside employment. Inspection Service (FSIS), Office of the subject to the Standards at 5 CFR part In accordance with 5 CFR 2635.803, General Counsel (OGC), and Office of 2635, the executive branch financial USDA has determined that it is Inspector General (OIG). They also disclosure regulations at 5 CFR part necessary to the administration of its contain certain restrictions on financial 2634, and additional regulations on departmentwide ethics program to again interests applicable to FSA employees. employee responsibilities and conduct require certain of its employees to seek approval before engaging in any outside DATES: These regulations are effective at 5 CFR part 735. This section also March 24, 2000. Comments must be notes that agencies and components of employment. The Department has received or postmarked on or before the Department, with concurrence of the determined that all USDA employees who file either a public or confidential April 24, 2000. Designated Agency Ethics Official financial disclosure report (SF 278 or (DAEO), may issue explanatory ADDRESSES: Comments should be OGE Form 450), or an alternative form guidance, internal procedures, and submitted to the Office of Ethics, U.S. of reporting approved by OGE, must Department of Agriculture, Room 348– delegations of authority consistent with seek approval before engaging in any -W—Stop 0122, 1400 Independence 5 CFR 2635.105. Finally, to facilitate outside employment. Financial Avenue, SW., Washington, DC 20250– agency employees, across the disclosure report filers occupy high 0122, telephone (202) 720–2251, Department, in accessing and utilizing level positions or otherwise hold Attention: John C. Surina, Director, applicable agency-specific guidance and positions that have a direct and Office of Ethics, or by e-mail at the procedures, the section provides that substantial effect on the interests of non- following address: the Deputy Ethics Official for each Federal entities. Accordingly, prior [email protected]. USDA agency or component shall retain approval of these employees’ outside FOR FURTHER INFORMATION CONTACT: John copies of all such guidance issued by employment is warranted. Approval, C. Surina, Director, Office of Ethics, U.S. that agency or component. however, merely constitutes an

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These sensitive to ethics issues and seek programs, are administered in a highly prophylactic prohibitions reinstate further ethics guidance should their decentralized manner. Many FSA similar provisions that existed before the executive branchwide Standards outside work circumstances or official employees reside in the same small regulation superseded agency-specific duties significantly change. communities as the FSA loan rules. applicants, borrowers, and program Included within the definition of Under 5 CFR 2635.403(a), an agency employment, for purposes of this participants they serve. At the same may, by supplemental regulation time, many FSA employees and/or their regulation, is participation in teaching, prohibit or restrict the acquisition or family members are themselves farmers. speaking, writing or editing that, holding by its employees of financial Farm Service Agency employees often irrespective of compensation, either interests that the agency determines are part of the very farm community would cause a reasonable person to relates to the employee’s official duties being serviced by the local FSA office. or is undertaken pursuant to an question the impartiality or objectivity Given the opportunity and, in many with which agency programs are invitation extended by any person who cases, the need for regular, non-official is a prohibited source to any employee administered. Many FSA farm loan interaction between FSA employees and borrowers are recipients of FSA direct of USDA. The Department is obligated, those persons in their communities under numerous statutes, to protect loans which involve FSA as a ‘‘lender- serviced by FSA, there is a need to of-last-resort.’’ Similarly, many FSA from release to the public various types establish for FSA employees certain employees are themselves farmers. The of information regarding its programs. limitations upon outside employment Farm Service Agency has found that For example, numerous statutes restrict and to prohibit FSA employees from permitting its employees to obtain FSA the premature release of various types of obtaining certain financial holdings. direct loans creates a high-risk ethics information concerning the many Paragraph (a) of § 8301.103 specifies environment for FSA employees. The different commodities regulated by that the additional rules in the section Department must shield the USDA. Premature release of such apply solely to FSA personnel who are administration of the loan program information, or of other information Federal employees within the meaning against self-dealing and a lack of from which such information could of 5 U.S.C. 2105. This specification is impartiality. Moreover, the close reasonably be derived, could result in necessary to distinguish that FSA proximity of FSA employees to FSA misuse of position through unfair community committee members, county program participants, generally, and the speculation in those commodity committee members, and county office dependence of FSA program markets. The Department believes that personnel, who serve either by election, participants on FSA, especially FSA its statutory interests in avoiding this or by being employed by a committee or loan applicants, also warrant result may be protected, with a county office, under 16 U.S.C. 590h, are supplemental safeguards against any not covered by the additional rules in minimum of interference to its FSA employee in a position to secure this section. Such personnel employees, through the imposition of a private gain for himself or herself, or for consistently have been deemed by prior approval requirement limited any other person, by virtue of the public Federal courts not to be Federal position he or she holds. Further, the solely to those situations where there is employees under 5 U.S.C. 2105. See a heightened potential for risk to restrictions will avoid the potential for Hedman v. Department of Agriculture, disqualification of critical employees USDA—where an employee engages in 915 F. 2d 1552 (Fed. Cir. 1990); Hamlet from official duties which might result outside speaking, teaching, writing, or v. United States, 14 Cl. Ct. 62 (1988), in FSA being unable to fulfill its editing that may result in the release of vacated and remanded, 873 F.2d 1414 mission. protected information or where the (Fed. Cir. 1989); Hargens v. U.S. The prohibitions under paragraphs (c) invitation to engage in the outside Department of Agriculture, 865 F. Supp. and (d) apply whether the prohibited employment comes from one who has 1314, 1320 (N.D. Iowa 1994). Also financial interest involved is obtained an interest in obtaining such protected contained in this paragraph is a cross- directly or indirectly. Thus, for information. reference to rules that do apply to FSA example, an FSA employee would In addition to the foregoing, community committee members, county violate paragraph (c) should he or she departmentwide requirement for prior committee members, and county office obtain FSA direct loan funds through an approval of outside employment, other personnel, at 7 CFR part 7. agreement with another person under USDA component offices and agencies Paragraph (b) defines the phrase ‘‘FSA which the other party poses as a ‘‘front’’ program participant’’ to include any have determined that prior approval is for the FSA employee (e.g., by applying person who is, or is an applicant to for an FSA loan knowing that a portion required for their employees not become, an FSA borrower, FSA grantee, of the loan funds will be provided by covered under the departmentwide or recipient of any other form of FSA him or her to the FSA employee for the requirement. The Department has financial assistance available under any employee’s personal use). The same determined that it is necessary to the farm credit, payment or other program would be true for utilizing a ‘‘front’’ for administration of its ethics program to administered by FSA. the purchase of otherwise prohibited implement the additional component- Section 8103.103 contains two property. specific requirements for obtaining prior prohibitions on FSA employees Because application of the approval for outside employment acquiring certain financial interests. prohibitions in paragraphs (c) and (d) specified in paragraph (f) of § 8301.103, Paragraph (c) generally prohibits an may result in undue financial hardship and in §§ 8301.104 through 8301.106. employee, or a spouse or minor child of to various FSA employees in certain

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FSA employee, not otherwise required prior to the effective date of this Paragraph (e) of this section sets forth to do so under § 8301.102, to obtain regulation, March 24, 2000, or secured a general prohibition against an FSA prior approval from the agency before after such date, but prior to the FSA employee and a spouse or minor child engaging in outside employment with a employee being appointed to, or of an FSA employee engaging in certain person whom the FSA employee knows, nominated for appointment to an FSA transactions with persons whom the or reasonably should know, to be an position. Also, this prohibition may be FSA employee knows or reasonably FSA program participant directly waived for FSA State Committee should know to be a FSA program affected by decisions made by the members where the conditions stated in participant directly affected by particular FSA office in which the FSA paragraph (c)(3) have been met. As State decisions made by the employee’s FSA employee serves. This requirement Committee members are special office, unless certain exceptions apply. reflects, in large part, a similar Government employees, application of The transactions covered by this general requirement that existed within those the prohibition under paragraph (c) prohibition include sales of real segments of FSA that formerly were part would result in an undue financial property, leases of real or personal of Farmers Home Administration and hardship to those State Committee property, the sale or purchase of which lapsed on November 1, 1996. members who are farmers by personal property, and engaging for While outside interaction is vital to the occupation. The exception for pre- personal services. The prohibition does FSA employees and to the community existing loans and the waiver for State not apply to transactions involving in which they live, the potential for Committee members are available for goods available to the general public at outside employment opportunities to use by a relatively small number of posted prices that are customary and lead to favoritism and a loss of employees, to whom application of the usual within the community (e.g., sale impartiality is significant enough to prohibition would pose an inordinate of a tractor through placing an justify agency concerns. Thus, FSA has financial hardship when compared to advertisement in the local newspaper) determined that it is necessary to any perceived ethical dangers that they or to transactions involving the require approval before any of its are likely to encounter through having purchase or sale of property pursuant to employees may engage in any outside an FSA direct loan. a public auction. The prohibition also employment involving an FSA program does not apply where a transaction is participant directly affected by The prohibition under paragraph (d) determined in advance by the decisions made by the office in which is subject to waiver based on a appropriate FSA State Executive the FSA employees serves. determination made by the FSA State Director, after consulting with the FSA Section 8301.104 Additional Rules for Executive Director, in response to a Headquarters ethics advisor, to be Employees of the Food Safety and written waiver request submitted jointly consistent with the Standards and Inspection Service to the FSA State Executive Director by otherwise not prohibited by law. This both the FSA employee and FSA general prohibition reflects, in large The Food Safety and Inspection program participant, that the purchase part, a similar requirement that existed Service has determined that it is is not inconsistent with part 2635 of this within those current segments of FSA necessary to require prior approval title; that it is not otherwise prohibited that formerly were part of Farmers before any of its employees, not by law, including, 7 U.S.C. 1986; and Home Administration and which lapsed otherwise required to do so under that, under the circumstances, upon publication of the Standards as a section 8301.102, may engage in any application of the prohibition is not final rule. outside employment. The necessary to avoid the appearance of Since farm leases and other implementation of Hazard Analysis and misuse of position or loss of transactions between FSA employees Critical Control Points (HACCP) systems impartiality, nor otherwise needed to and FSA program participants are so within the regulated industry, as well as ensure confidence in the impartiality prevalent within the farming the anticipated creation of Consumer and objectivity with which agency community, FSA has determined that a Safety Officer positions, means that programs are administered. FSA has prohibition without providing FSA FSIS employees of all pay levels will be chosen to employ a broad standard for employees the opportunity to obtain an involved in ensuring food safety and, exemption to this prohibition because advance determination that the therefore, will be facing increased there exist numerous situations in transaction would be consistent with exposure to the food industry. Given the which the primary benefit from the ethics requirements would work an vital importance to public health of exemption accrues not to the FSA undue financial hardship upon both the maintaining high standards of food employee but rather to the FSA program FSA employees, their spouses and safety in light of the changing nature of participant. For example, in many small minor children, and the FSA program FSIS responsibilities through HACCP, farming communities, an FSA borrower participants. Requiring requests for FSIS believes that its long-standing may have difficulty in finding a buyer advance determinations to be submitted requirement of universal prior approval for his or her property. Since flat to the FSA State Executive Director for outside employment is even more application of this prohibition could pursuant to the exception provides for necessary. result in significant financial harm to the agency’s need to have control over the very persons whom FSA programs these interactions without imposing Section 8301.105 Additional Rules for are intended to serve, FSA believes that undue financial hardship. As a result, Employees of the Office of the General an effective and fair solution involves a approved transactions will have the Counsel waiver procedure under which the FSA visibility and accountability addressed The USDA Office of the General State Executive Director would make a previously with regard to the Counsel previously has required determination balancing ethical prohibition in paragraph (d). Further, lawyers serving within that office to

VerDate 202000 17:05 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\24MRR1.SGM pfrm01 PsN: 24MRR1 15828 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations obtain prior approval before engaging in Delaying the effectiveness of this rule Regulations by adding a new chapter the outside practice of law. Given the could also result in an effort by some LXXIII, consisting of Part 8301, to read fiduciary duties performed for the employees likely to be affected by the as follows: Department by OGC, such a requirement rules on outside employment and CHAPTER LXXIIIÐDEPARTMENT OF has been particularly useful in ensuring prohibited financial interests to engage AGRICULTURE that the outside practice of law does not in covered outside employment or to interfere or conflict with the official obtain covered financial interests prior PART 8301ÐSUPPLEMENTAL duties of attorneys within that Office. to the effective date of this rule. STANDARDS OF ETHICAL CONDUCT Accordingly, the Department has However, because this rule may be FOR EMPLOYEES OF THE determined that it is necessary to improved, comments may be submitted DEPARTMENT OF AGRICULTURE require that all attorneys serving in OGC on or before April 24, 2000. All seek prior approval before engaging in comments will be analyzed and any Sec. appropriate changes to the rule will be 8301.101 General. outside employment involving the 8301.102 Prior approval for outside practice of law. incorporated in the subsequent employment. publication of the final rule. Section 8301.106 Additional Rules for 8301.103 Additional rules for employees of Employees of the Office of Inspector Congressional Review the Farm Service Agency. 8301.104 Additional rules for employees of General The Department has found that this the Food Safety and Inspection Service. The Office of Inspector General has rulemaking is not a rule as defined in 5 8301.105 Additional rules for employees of determined that it is necessary to U.S.C. 804, and, thus, does not require the Office of the General Counsel. require prior approval before any of its review by Congress. This rulemaking is 8301.106 Additional rules for employees of employees may engage in outside related to Department personnel. the Office of Inspector General. employment involving law enforcement, Authority: 5 U.S.C. 301, 7301; 5 U.S.C. Executive Orders Nos. 12866 and 12988 investigation, security, firearms training, App. (Ethics in Government Act of 1978); defensive tactics training, protective Since this rule relates to Department E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR services, auditing, accounting, tax personnel, it is exempt from the provisions of Executive Orders Nos. 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR preparation, practice of law, and 2635.105, 2635.403(a), 2635.803, employment involving personnel, 12866 and 12988. 2635.807(a)(2)(ii). procurement, budget, computer, or Regulatory Flexibility Act equal employment opportunity services. § 8301.101 General. The OIG had long relied upon the The Department has determined (a) In accordance with 5 CFR departmental prior approval under the Regulatory Flexibility Act (5 2635.105, the regulations in this part requirement. The OIG has a wide range U.S.C. chapter 6) that this regulation apply to employees of the Department of of responsibilities for investigation and will not have a significant economic Agriculture (Department or USDA) and auditing of departmental operations. impact on a substantial number of small supplement the Standards of Ethical These mission activities are of a highly entities because it affects only Conduct for Employees of the Executive sensitive nature. The aforementioned Department employees. Branch contained in 5 CFR part 2635. types of outside employment involve Paperwork Reduction Act (b) In addition to 5 CFR part 2635 and duties that, under certain this part, employees also are required to The Department has determined that circumstances, are similar to the comply with the executive branch the Paperwork Reduction Act (44 U.S.C. mission activities of OIG, and therefore financial disclosure regulations at 5 CFR chapter 35) does not apply because this are more likely to create an actual or part 2634, the regulations on regulation does not contain any apparent conflict of interest. The responsibilities and conduct contained information collection requirements that Department has determined that it is in 5 CFR part 735, and Department require the approval of the Office of necessary to the administration of its guidance and procedures established Management and Budget. ethics program to require prior approval pursuant to paragraph (c) of this section. for the identified types of outside Environmental Impact (c) With the concurrence of the Designated Agency Ethics Official employment that pose a potential for This decision will not have a OIG employees to engage in conduct (DAEO), agencies and components of significant impact upon the quality of the Department may, in accordance with that might violate applicable laws and the human environment or the regulations. 5 CFR 2635.105(c), issue explanatory conservation of energy resources. guidance for their employees and III. Matters of Regulatory Procedure List of Subjects in 5 CFR Part 8301 establish procedures necessary to implement this part and part 2635 of Administrative Procedure Act Conflict of interests, Executive branch this title. The Deputy Ethics Official for standards of conduct, Government The Department has found that good each agency or component shall retain employees. cause exists under 5 U.S.C. 553(b) and copies of all such guidance issued by (d) for waiving, as unnecessary and Dated: March 16, 2000. that agency or component. contrary to public interest, the general Dan Glickman, notice of proposed rulemaking, § 8301.102 Prior approval for outside Secretary of Agriculture. opportunity for comment and the 30- employment. day delay in effectiveness as to this Approved: March 17, 2000. (a) Prior approval requirement. An interim rule. This rulemaking contains Stephen D. Potts, employee, other than a special statements of policy, interpretive rules, Director, Office of Government Ethics. Government employee, who is required and conduct regulations related solely For the reasons set forth in the to file either a public or confidential to Department personnel and, in preamble, the Department of financial disclosure report (SF 278 or significant part, reissues in revised form Agriculture, with the concurrence of the OGE Form 450), or an alternative form the outside employment rules Office of Government Ethics, is of reporting approved by the Office of previously published in 7 CFR part 0. amending Title 5 of the Code of Federal Government Ethics, shall, before

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With respect to purposes of this section, ‘‘employment’’ which the employee is to be employed, employment involving teaching, means any form of non-Federal including the location where the speaking, writing, or editing, the employment or business relationship or services will be performed; instructions or manual issuances may activity involving the provision of (5) The estimated total time that will specify pre-clearance procedures and/or personal services by the employee for be devoted to the outside employment. require disclaimers indicating that the direct, indirect, or deferred If the proposed outside employment is views expressed do not necessarily compensation other than reimbursement to be performed on a continuing basis, represent the views of the agency, of actual and necessary expenses. It also a statement of the estimated number of USDA or the United States. includes, irrespective of compensation, hours per year; for other employment, a (3) The officials within the respective the following outside activities: statement of the anticipated beginning USDA agencies or components (1) Providing personal services as a and ending dates; responsible for the administrative consultant or professional, including (6) A statement as to whether the aspects of these regulations and the service as an expert witness or as an work can be performed entirely outside maintenance of records shall make attorney; of the employee’s regular duty hours provisions for the filing and retention of (2) Engaging in teaching, speaking, and, if not, the estimated number of requests for approval of outside writing, or editing that: hours of absence from work that will be employment and copies of the (i) Relates to the employee’s official required; notification of approval or disapproval. duties within the meaning of 5 CFR (7) The method or basis of any 2635.807(a)(2)(i)(B) through (E); or compensation (e.g., fee, per diem, § 8301.103 Additional rules for employees (ii) Would be undertaken as a result honorarium, royalties, stock options, of the Farm Service Agency. of an invitation to engage in the activity travel and expenses, or other); (a) Application. This section applies that was extended by a person who is (8) A statement as to whether the only to Farm Service Agency (FSA) a prohibited source within the meaning compensation is derived from a USDA personnel who are Federal employees of 5 CFR 2635.203(d); and grant, contract, cooperative agreement, within the meaning of 5 U.S.C. 2105. (3) Providing personal services to a or other source of USDA funding; This section does not apply to FSA non-Federal entity as an officer, (9) For employment involving the community committee members, county director, employee, agent, attorney, provision of consultative or professional committee members, and county office consultant, contractor, general partner, services, a statement indicating whether personnel, who are either elected to or trustee, which involves decision the client, employer, or other person on their positions or are employees of making or policymaking for the non- whose behalf the services are performed community or county committees Federal entity, or the provision of is receiving, or intends to seek, a USDA established under 16 U.S.C. 590h. For advice, counsel, consultation, unless grant, contract, cooperative agreement, rules applicable to FSA community such personal services are provided: or other funding relationship; and committee members, county committee (i) To a political, religious, employee, (10) For employment involving members, and county office personnel, social, fraternal, or recreational teaching, speaking, writing or editing, see 7 CFR part 7. organization; and (ii) Without the proposed text of any disclaimer (b) Definition of FSA program compensation other than reimbursement required by 5 CFR 2635.807(b). participant. For purposes of this section, of expenses. (d) Standard for approval. Approval the phrase ‘‘FSA program participant,’’ (c) Submission of requests for shall be granted by the agency designee includes any person who is, or is an approval. An employee seeking to (or the DAEO, when there is not an applicant to become, an FSA borrower, engage in employment for which agency designee) unless it is determined FSA grantee, or recipient of any other advance approval is required shall that the outside employment is expected form of FSA financial assistance submit a written request for approval to to involve conduct prohibited by statute available under any farm credit, the employee’s supervisor a reasonable or Federal regulation, including 5 CFR payment or other program administered time before the employee proposes to part 2635 or this part. by FSA. begin the employment. Upon a (e) Responsibilities of the Designated (c) Prohibited borrowing. (1) No FSA significant change in the nature of the Agency Ethics Official and component employee, or spouse or minor child of outside employment or in the agencies. (1) The DAEO or, with the an FSA employee, may directly or employee’s official position, the concurrence of the DAEO, each separate indirectly seek or obtain a ‘‘direct loan’’ employee shall submit a revised request agency or component of USDA may under paragraph (a)(9) of section 343 of for approval. The supervisor will issue an instruction or manual issuance the Consolidated Farm and Rural forward written requests for approval to exempting categories of employment Development Act, 7 U.S.C. 1991(a)(9). the agency designee, or to the DAEO from a requirement of prior written (2) Nothing in this section bars an where no agency designee exists, approval based on a determination that FSA employee, or spouse or minor child through normal supervisory channels. employment within those categories of an FSA employee, from retaining a All requests for prior approval shall would generally be approved and is not direct loan secured prior to March 24, include the following information: likely to involve conduct prohibited by 2000 or, if subsequent to March 24, (1) The employee’s name, Federal statutes or regulations, 2000, such direct loan is secured prior organizational location, occupational including 5 CFR part 2635 and this part. to the FSA employee being appointed title, grade, and salary; (2) Department components may to, or nominated for appointment to an (2) The nature of the proposed outside specify internal procedures governing FSA position. Any FSA employee who employment, including a full the submission of prior approval either personally has such a pre-existing description of the specific duties or requests and designate appropriate loan, or whose spouse or minor child services to be performed; officials to act on such requests. The has such a pre-existing loan, must

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A Any attorney serving within the shall remain fixed and shall not be waiver under this paragraph may Office of the General Counsel, not subject to renegotiation or renewal impose appropriate conditions, such as otherwise required to obtain approval unless pursuant to policy decision(s) requiring execution of a written for outside employment under made by the USDA Secretary or the FSA disqualification. § 8301.102, shall obtain written Administrator. (e) Prohibited transactions with FSA approval, in accordance with the (3) Waiver for FSA State Committee program participants. (1) Except as procedures set forth in paragraph (c) of members. A request for an exception to provided in paragraph (e)(2) of this § 8301.102, before engaging in the the general prohibition of paragraph section, no FSA employee or spouse or outside practice of law, whether (c)(1) of this section may be submitted minor child of an FSA employee may compensated or not. by an FSA State Committee member directly or indirectly: Sell real property § 8301.106 Additional rules for employees (whether on his or her own behalf, or on to; lease real property to or from; sell to, of the Office of Inspector General. behalf the FSA State Committee lease to or from, or purchase personal Any employee of the Office of member’s spouse or minor child), to the property from; or employ for FSA Deputy Administrator for Farm Inspector General, not otherwise compensation a person whom the FSA required to obtain approval for outside Loans. The Deputy Administrator for employee knows or reasonably should Farm Loans may grant a written waiver employment under § 8301.102, shall know is an FSA program participant obtain written approval, in accordance from this prohibition based on a directly affected by decisions of the determination made with the with the procedures set forth in particular FSA office in which the FSA paragraph (c) of § 8301.102, before concurrence of the DAEO and the FSA employee serves. headquarters ethics advisor that: engaging in any form of outside (2) Exceptions. Paragraph (e)(1) of this employment that involves the following: (i) The applicant is a current FSA section does not apply to: State Committee member or the spouse (a) Law enforcement, investigation, (i) A sale, lease, or purchase of security, firearms training, defensive or minor child of a current FSA State personal property, if it involves: Committee member; tactics training, and protective services; (A) Goods available to the general (b) Auditing, accounting, (ii) The applicant meets the statutory public at posted prices that are qualification requirements for obtaining bookkeeping, tax preparation, and other customary and usual within the services involving the analysis, use, or a direct loan; and community; or (iii) A waiver is not inconsistent with interpretation of financial records; (B) Property obtained pursuant to (c) The practice of law, whether part 2635 of this title nor 7 U.S.C. 1986 public auction; or nor otherwise prohibited by law, and compensated or not; or (ii) Transactions listed in paragraph (d) Employment involving personnel, that, under the particular circumstances, (e)(1) of this section determined in application of the prohibition is not procurement, budget, computer, or advance by the appropriate FSA State equal employment opportunity services. necessary to avoid the appearance of Executive Director, after consulting with misuse of position, including the the FSA Headquarters ethics advisor, to [FR Doc. 00–7275 Filed 3–23–00; 8:45 am] appearance of misuse of non-public be consistent with part 2635 of this title BILLING CODE 3410±01±U information, or loss of impartiality, or and otherwise not prohibited by law. otherwise to ensure confidence in the (f) Additional prior approval impartiality and objectivity with which requirement for outside employment. DEPARTMENT OF AGRICULTURE agency programs are administered. Any FSA employee not otherwise Agricultural Marketing Service (d) Prohibited real estate purchases. required to obtain approval for outside (1) No FSA employee, or spouse or employment under § 8301.102 shall 7 CFR Part 75 minor child of an FSA employee, may obtain written approval in accordance directly or indirectly purchase real with the procedures set forth in [Docket Number LS±99±06] estate held in the FSA inventory, for paragraph (c) of § 8301.102 before sale under forfeiture to FSA, or from an engaging in outside employment, as that Increase in Fees for Federal Seed FSA program participant. term is defined by paragraph (b) of Testing and Certification Services (2) Waiver. A request for an exception § 8301.102, with or for a person: to the prohibition found in paragraph AGENCY: Agricultural Marketing Service, (1) Whom the FSA employee knows, USDA. (l)(1) of this section may be submitted or reasonably should know, is an FSA jointly by the FSA program participant program participant; and ACTION: Final rule. and FSA employee (whether on his or (2) Who is directly affected by SUMMARY: The Agricultural Marketing her own behalf, or on behalf of the decisions made by the particular FSA employee’s own spouse or minor child), Service (AMS) is increasing the hourly office in which the FSA employee fee rate charged for voluntary Federal to the FSA State Executive Director. The serves. FSA State Executive Director may grant seed testing and certification services. a written waiver from this prohibition § 8301.104 Additional rules for employees The fee rate is increased to cover based on a determination made with the of the Food Safety and Inspection Service. increases in salaries of Federal advice and clearance of the DAEO and Any employee of the Food Safety and employees, rent, supplies, replacement the FSA headquarters ethics advisor that Inspection Service not otherwise equipment, and other increased Agency the waiver is not inconsistent with part required to obtain approval for outside costs. 2635 of this title nor 7 U.S.C. 1986 nor employment under § 8301.102, shall, EFFECTIVE DATE: Effective April 24, 2000. otherwise prohibited by law and that, before engaging in any form of outside FOR FURTHER INFORMATION CONTACT: under the particular circumstances, employment, obtain written approval in Richard C. Payne, Chief, Seed

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Regulatory and Testing Branch, balance. Without a fee increase, FY 2000 $104,000, costs are projected at Livestock and Seed Program, AMS, revenues for seed testing and $108,000, and the trust fund balance Room 209, Building 306, BARC–E., certification services are projected at would be $78,000. With a fee increase, Beltsville, Maryland 20705–2325, $104,000, costs are projected at FY 2000 revenues are projected at Telephone (301) 504–9430, FAX (301) $108,000, and the trust fund balance $114,000, costs are projected at 504–8098. would be $78,000. With a fee increase, $113,000, and the trust fund balance SUPPLEMENTARY INFORMATION: FY 2000 revenues are projected at would be $83,000. $114,000, costs are projected at The hourly fee for service is Executive Order 12866 $113,000, and the trust fund balance established by distributing the projected This final rule has been determined to would be $83,000. annual program operating costs over the be ‘‘not significant’’ for purposes of This action will raise the hourly rate Executive Order 12866, and therefore, charged to users of the seed testing and estimated hours of service—revenue has not been reviewed by the Office of certification services. The AMS hours—provided to users of the service. Management and Budget (OMB). estimates that this proposed rule will Revenue hours include the time spent yield an additional $10,000 during FY conducting tests, keeping sample logs, Executive Order 12988 2000. The hourly rate for seed testing preparing Federal Seed Analysis This final rule has been reviewed and certification services will increase Certificates and storing samples. As under Executive Order 12988, Civil by approximately 9.9 percent. The costs program operating costs continue to Justice Reform. It is not intended to to entities will be proportional to their rise, the hourly fees must be adjusted to have a retroactive effect. The rule will use of the service, so that costs are enable the program to remain not preempt any State or local laws, shared equitably by all users. The financially self-supporting as required regulations, or policies unless they increase in costs to individual firms will by law. Program operating costs include present an irreconcilable conflict with be, on average, approximately $6.70 per salaries and fringe benefits of seed this rule. Federal Seed Analysis Certificate analysts, supervision, training, and all There are no administrative issued. There will also be an increase of administrative costs of operating the procedures that must be exhausted prior $1.10 for each duplicate certificate program. to judicial challenge to the provision of issued. Employee salaries and benefits this rule. This action will result in no increase account for approximately 90 percent of to the previously approved information Regulatory Flexibility Act and the total budget. A general and locality collection requirements for the Paperwork Reduction Act salary increase of 3.68 percent for voluntary Federal seed testing and Federal employees involved in the seed The Administrator, AMS, has certified certification service. The information that this action will not have a testing and certification service became collection requirements that appear in effective in January 1999 and has significant impact on a substantial Part 75 of the regulations have been number of small entities as defined in materially affected program costs. previously approved by OMB and Another general and locality salary the Regulatory Flexibility Act. assigned OMB Control Number 0581– The AMS provides, under the increase of 4.94 percent became 0140 under the Paperwork Reduction effective in January 2000. authority of the Agricultural Marketing Act (44 U.S.C. Chapter 35). Act (AMA) of 1946, a voluntary, user-fee This fee increase is necessary to offset funded seed testing and certification Background increased program operating costs service to approximately 65 businesses The Secretary of Agriculture is resulting from: (1) salary increases for per year. Many of the users of the testing authorized by the AMA of 1946, as all Federal employees for 1999 and and certification services would be amended, 7 U.S.C. 1621 et seq., to 2000, (2) increases in rent, (3) increases considered small businesses under the provide voluntary Federal seed testing in costs of supplies needed for testing criteria established by the Small and certification services to facilitate the samples, and (4) purchases of Business Administration (13 CFR orderly marketing of seed and grain and replacement equipment needed to 121.601). Over ninety percent of the to enable consumers to obtain the provide the service. samples tested in this program represent quality of seed and grain they desire. In view of these increases in costs, the seed and grain scheduled for export. The AMA provides that reasonable fees Agency is increasing the hourly rate Grain is examined for the presence of be collected from users of the program charged to applicants for the service, specified weed and crop seeds upon services to cover, as nearly as including the issuance of Federal Seed request of the Department’s Grain practicable, the costs of services Analysis Certificates from $40.40 to Inspection, Packers and Stockyards rendered. $44.40. The fee for issuing additional Administration. A Federal Seed The AMS regularly reviews its user duplicate certificates will increase from Analysis Certificate, containing purity, fee financed programs to determine if $10.10 to $11.10. germination, noxious-weed seed the fees are adequate and if costs are examination, and other test results is reasonable. This action will increase the The action will fully recover all costs issued upon completion of the testing. hourly fee rate and changes for associated with providing the voluntary The Federal Seed Analysis Certificate is voluntary seed testing and certification testing service to the seed and grain required documentation for shipments services provided to the seed and grain industry. Although the user-fee increase of seed and grain from the United States industries to reflect the costs currently will increase costs to individual firms, entering certain countries. associated with providing the services. the cost for providing the seed testing The AMS regularly reviews its user A recent review of the current hourly and certification services will increase fee financed programs to determine if fee rate, effective October 1, 1998, by an average of only $6.70 per Federal the fees are adequate. The most recent revealed that anticipated revenue will Seed Analysis Certificate and $1.10 for review determined that the existing fee not cover increased program costs. each duplicate certificate. It is estimated schedule will not generate sufficient Without a fee increase FY 2000 that the total revenue generated will revenues to cover program costs while revenues for seed testing and increase by approximately $10,000 maintaining an adequate reserve certification services are projected at annually.

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Summary of Public Comment salable quantity by 102,311 pounds the Far West (Washington, Idaho, A notice of proposed rulemaking was from 1,125,755 pounds to 1,228,066 Oregon, and designated parts of Nevada, published in the Federal Register (64 pounds, and the allotment percentage and Utah), hereinafter referred to as the FR 58358) on October 29, 1998. by 5 percent from 55 percent to 60 ‘‘order.’’ This order is effective under Interested persons were invited to percent. This rule increases the Native the Agricultural Marketing Agreement submit comments until December 28, spearmint oil salable quantity by an Act of 1937, as amended (7 U.S.C. 601– 674), hereinafter referred to as the 1999. No comments were received. additional 81,849 pounds from 1,228,066 to 1,309,915 pounds, and the ‘‘Act.’’ List of Subjects in 7 CFR Part 75 allotment percentage by an additional 4 The Department of Agriculture (Department) is issuing this rule in Administrative practice and percent from 60 percent to 64 percent. conformance with Executive Order procedure, Agricultural commodities, The Spearmint Oil Administrative Committee (Committee), the agency 12866. Reporting and record keeping This rule has been reviewed under requirements, Seeds, Vegetables. responsible for local administration of the marketing order for spearmint oil Executive Order 12988, Civil Justice For the reasons set forth in the produced in the Far West, Reform. Under the provisions of the preamble, 7 CFR Part 75 is amended as recommended this rule to avoid extreme marketing order now in effect, salable follows: fluctuations in supplies and prices, and, quantities and allotment percentages may be established for classes of PART 75ÐREGULATIONS FOR thus, help to maintain stability in the Far West spearmint oil market. spearmint oil produced in the Far West. INSPECTION AND CERTIFICATION OF This rule increases the quantity of DATES: Effective on March 25, 2000 QUALITY OF AGRICULTURAL AND Native spearmint oil produced in the VEGETABLE SEEDS through May 31, 2000; comments Far West that may be purchased from or received by April 24, 2000 will be handled for producers by handlers 1. The authority citation for Part 75 considered prior to issuance of a final continues to read as follows: during the 1999–2000 marketing year, rule. which ends on May 31, 2000. This rule Authority: 7 U.S.C. 1622 and 1624. ADDRESSES: Interested persons are will not preempt any State or local laws, § 75.41 [Amended] invited to submit written comments regulations, or policies, unless they concerning this rule. Comments must be present an irreconcilable conflict with 2. In § 75.41, ‘‘$40.40’’ is removed and sent to the Docket Clerk, Fruit and this rule. ‘‘$44.40’’ is added in its place. Vegetable Programs, AMS, USDA, room The Act provides that administrative § 75.47 [Amended] 2525–S, P.O. Box 96456, Washington, proceedings must be exhausted before DC 20090–6456; Fax: (202) 720–5698, or parties may file suit in court. Under 3. In § 75.47, ‘‘$10.10’’ is removed and E-mail: [email protected]. All section 608c(15)(A) of the Act, any ‘‘$11.10’’ is added in its place. comments should reference the docket handler subject to an order may file Dated: March 20, 2000. number and the date and page number with the Secretary a petition stating that Barry L. Carpenter, of this issue of the Federal Register and the order, any provision of the order, or Deputy Administrator, Livestock and Seed will be made available for public any obligation imposed in connection Program. inspection in the Office of the Docket with the order is not in accordance with [FR Doc. 00–7276 Filed 3–23–00; 8:45 am] Clerk during regular business hours. law and request a modification of the order or to be exempted therefrom. A BILLING CODE 3410±02±P FOR FURTHER INFORMATION CONTACT: Robert J. Curry, Northwest Marketing handler is afforded the opportunity for Field Office, Marketing Order a hearing on the petition. After the DEPARTMENT OF AGRICULTURE Administration Branch, Fruit and hearing the Secretary would rule on the Vegetable Programs, AMS, USDA, 1220 petition. The Act provides that the Agricultural Marketing Service SW Third Avenue, room 369, Portland, district court of the United States in any Oregon 97204–2807; telephone: (503) district in which the handler is an 7 CFR Part 985 326–2724, Fax: (503) 326–7440; or inhabitant, or has his or her principal place of business, has jurisdiction to [Docket No. FV00±985±3 IFR±A] George Kelhart, Technical Advisor, Marketing Order Administration review the Secretary’s ruling on the Marketing Order Regulating the Branch, Fruit and Vegetable Programs, petition, provided an action is filed not Handling of Spearmint Oil Produced in AMS, USDA, room 2525–S, P.O. Box later than 20 days after the date of the the Far West; Revision of the Salable 96456, Washington, DC 20090–6456; entry of the ruling. The U.S. production of spearmint oil Quantity and Allotment Percentage for telephone: (202) 720–2491, Fax: (202) is concentrated in the Far West, Class 3 (Native) Spearmint Oil for the 720–5698. primarily Washington, Idaho, and 1999±2000 Marketing Year Small businesses may request Oregon (part of the area covered by the information on complying with this AGENCY: Agricultural Marketing Service, order). Spearmint oil is also produced in regulation by contacting Jay Guerber, USDA. the Midwest. The production area Marketing Order Administration covered by the order normally accounts ACTION: Interim final rule with request Branch, Fruit and Vegetable Programs, for approximately 63 percent of the for comments. AMS, USDA, room 2525–S, P.O. Box annual U.S. production of Scotch 96456, Washington, DC 20090–6456; SUMMARY: This rule amends a prior spearmint oil and approximately 93 telephone (202) 720–2491; Fax: (202) interim final rule that increased the percent of the annual U.S. production of 720–5698, or E-mail: quantity of Class 3 (Native) spearmint Native spearmint oil. oil produced in the Far West that [email protected]. This rule amends an interim final rule handlers may purchase from, or handle SUPPLEMENTARY INFORMATION: This rule that was published in the Federal for, producers during the 1999–2000 is issued under Marketing Order No. Register on February 10, 2000 (65 FR marketing year. The prior interim final 985 (7 CFR Part 985), regulating the 6528). That rule, which was based on a rule increased the Native spearmint oil handling of spearmint oil produced in unanimous Committee recommendation

VerDate 202000 17:05 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\24MRR1.SGM pfrm01 PsN: 24MRR1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 15833 made at a meeting on January 13, 2000, Taking into consideration the (D) Initial 1999–2000 Salable increased the quantity of Native following discussion on adjustments to Quantity—1,125,755 pounds. This spearmint oil that handlers may the Native spearmint oil salable figure is 55 percent of the estimated purchase from, or handle for, producers quantity, the revised 1999–2000 allotment base of 2,046,828 pounds. during the 1999–2000 marketing year, marketing year salable quantity of (E) Initial Increase in Allotment which ends on May 31, 2000. 1,228,066 pounds will, therefore, be Percentage—5 percent. This was Specifically, that rule increased the increased to 1,309,915 pounds. recommended by the Committee on salable quantity by 102,311 pounds The original total industry allotment January 13, 2000. from 1,125,755 pounds to 1,228,066 base for Native spearmint oil for the (F) Initial Revision of the 1999–2000 pounds, and the allotment percentage 1999–2000 marketing year was Allotment Percentage—60 percent. This by 5 percent from 55 percent to 60 established at 2,046,828 pounds and figure was derived by adding the initial percent. was revised during the year to 2,046,214 increase in the allotment percentage of This amended interim final rule, pounds to reflect a loss of 614 pounds 5 percent to the initial 1999–2000 which is based on a unanimous of base due to non-production of some allotment percentage of 55 percent and Committee recommendation made at a producers’ total annual allotments. The was effective on February 11, 2000. meeting on February 23, 2000, increases Committee has used this revised (H) Initial Computed Increase in the the salable quantity an additional allotment base in computing the 1999–2000 Salable Quantity—102,311 81,849 pounds from 1,228,066 pounds increases to the Native spearmint oil pounds. This is the product of the to 1,309,915 pounds, and the allotment salable quantity. revised 1999–2000 allotment base of percentage an additional 4 percent from By increasing the salable quantity and 2,046,214 and the initial 5 percent 60 percent to 64 percent for Native allotment percentage from 1,228,066 increase. (I) Initially Revised 1999–2000 spearmint oil for the 1999–2000 pounds to 1,309,915 pounds, this Salable Quantity—1,228,066 pounds. marketing year. amended interim final rule makes an This figure, effective on February 11, The initial salable quantity and additional amount of Native spearmint 2000, is the sum of the initial salable allotment percentages for Scotch and oil available by releasing such oil from quantity of 1,125,755 pounds and the Native spearmint oils for the 1999–2000 the reserve pool. When applied to each initial computed increase of 102,311 marketing year were recommended by individual producer, the additional 4 pounds, and is approximately 60 the Committee at its October 7, 1998, percent allotment percentage increase percent of the estimated 1999–2000 meeting. The Committee recommended allows each producer to take up to an allotment base of 2,046,214 pounds. salable quantities of 1,199,190 pounds amount equal to 4 percent of their (J) Additional Increase in the and 1,125,755 pounds, and allotment allotment base from their Native Allotment Percentage—4 percent. This percentages of 65 percent and 55 spearmint oil reserve. If a producer does percentage increase was recommended percent, respectively, for Scotch and not have any reserve pool oil, or has less by the Committee at its February 23, Native spearmint oils. A proposed rule than 4 percent of their allotment base in 2000, meeting. was published in the November 17, the reserve pool, the increase in (K) Amended 1999–2000 Allotment 1998, issue of the Federal Register (63 allotment percentage will actually make Percentage—64 percent. This is the sum FR 63804). A final rule establishing the less than such amount available to the of the initial allotment percentage of 55 salable quantities and allotment market. Currently, producers receiving percent, and the 5 and 4 percent percentages for Scotch and Native 8,304 pounds of additional allotment increases. spearmint oils for the 1999–2000 through this increase do not have any (L) Additional Computed Increase in marketing year was published in the Native spearmint oil in reserve. Thus, the 1999–2000 Salable Quantity— January 19, 1999, issue of the Federal rather than the computed 81,849 81,849 pounds. This is the product of Register (64 FR 2799). additional pounds, this action the revised 1999–2000 allotment base of The salable quantity is the total effectively makes an additional 73,545 2,046,214 pounds and the additional 4 quantity of each class of oil that pounds of Native spearmint oil available percent increase in the allotment handlers may purchase from, or handle to the market. percentage. for, producers during a marketing year. The following summarizes the (M) 1999–2000 Salable Quantity as The salable quantity calculated by the Committee recommendation: Factors Revised by this Amended Interim Final Committee is based on the estimated Affecting the Amended Native Rule—1,309,915 pounds. This figure is trade demand. The total salable quantity Spearmint Oil Salable Quantity and the sum of the revised salable quantity is divided by the total industry Allotment Percentage of 1,228,066 and the additional allotment base to determine an (A) Estimated 1999–2000 Allotment computed increase of 81,849 pounds, allotment percentage. Each producer is Base—2,046,828 pounds. This is the and is approximately 64 percent of the allotted a share of the salable quantity figure the original 1999–2000 salable revised 1999–2000 allotment base of by applying the allotment percentage to quantities and allotment percentages for 2,046,214 pounds. the producer’s individual allotment base both classes of spearmint oil were based In making this latest recommendation, for the applicable class of spearmint oil. on. the Committee considered all available Sections 985.50, 985.51, and 985.52 (B) Revised 1999–2000 Allotment information on supply and demand. The provide the Committee authorization to Base—2,046,214 pounds. This is 614 1999–2000 marketing year began on consider and recommend salable pounds less than the estimated June 1, 1999. Handlers have indicated quantities and allotment percentages for allotment base of 2,046,828 pounds. that with this action, the available each class of spearmint oil for an This is less because some producers supply of both Scotch and Native ensuing marketing year. Section failed to produce all of their previous spearmint oils appears adequate to meet 985.51(b) provides the authority for the year’s allotment. anticipated demand through May 31, Committee to recommend that an (C) Initial 1999–2000 Allotment 2000. Without the increase, the increase in the salable quantity and Percentage—55 percent. This was Committee believes the industry will allotment percentage for either or both recommended by the Committee on not be able to meet market needs. As of classes of oil be considered. October 7, 1998. February 23, 2000, approximately

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40,966 pounds of Native spearmint oil consideration by the Committee was acreage than would be planted to was available for market. During the given to historical sales, and changes spearmint during any given season. To past 5 years, the average sales of Native and trends in production and demand. remain economically viable with the spearmint oil from March 1 to May 31 Pursuant to requirements set forth in added costs associated with spearmint totaled 75,586 pounds, while the the Regulatory Flexibility Act (RFA), the oil production, most spearmint oil average sales for the period June 1 AMS has considered the economic producing farms would fall into the through February 29 totaled 1,087,385 impact of this action on small entities. category of large businesses. pounds. The Far West spearmint oil Accordingly, the AMS has prepared this Small spearmint oil producers industry has sold approximately initial regulatory flexibility analysis. represent a minority of farming 1,282,150 pounds of Native spearmint The purpose of the RFA is to fit operations and are more vulnerable to oil through February 23, 2000. This regulatory actions to the scale of market fluctuations. Such small farmers action has the effect of adding 73,545 business subject to such actions in order generally need to market their entire pounds of Native spearmint oil to the that small businesses will not be unduly annual crop and do not have the amount available for market, bringing or disproportionately burdened. resources to cushion seasons with poor the total available supply for the Marketing orders issued pursuant to the spearmint oil returns. Conversely, large remainder of this marketing year up to Act, and rules issued thereunder, are diversified producers have the potential approximately 114,511 pounds. unique in that they are brought about to endure one or more seasons of poor The Department, based on its analysis through group action of essentially spearmint oil markets because of of available information, has determined small entities acting on their own stronger incomes from alternate crops that the salable quantity and allotment behalf. Thus, both statutes have small which could support the operation for a percentage for Native spearmint oil for entity orientation and compatibility. period of time. Despite the advantage the 1999–2000 marketing year should be There are 7 spearmint oil handlers larger producers may have, increasing increased to 1,309,915 and 64 percent, subject to regulation under the the Native salable quantity and respectively. marketing order and approximately 119 allotment percentage will help both This amended rule further relaxes the producers of Scotch spearmint oil and large and small producers by improving regulation of Native spearmint oil and 105 producers of Native spearmint oil in returns. will allow producers to meet market the regulated production area. Small This rule amends an interim final rule needs and improve returns. In agricultural service firms are defined by that was published in the Federal conjunction with the issuance of this the Small Business Administration Register on February 10, 2000 (65 FR rule, the Committee’s revised marketing (SBA) (13 CFR 121.201) as those having 6528). That rule increased the salable policy statement for the 1999–2000 annual receipts of less than $5,000,000, quantity by 102,311 pounds from marketing year has been reviewed by and small agricultural producers have 1,125,755 pounds to 1,228,066 pounds, the Department. The Committee’s been defined as those whose annual and the allotment percentage by 5 marketing policy statement, a receipts are less than $500,000. percent from 55 percent to 60 percent. requirement whenever the Committee Based on the SBA’s definition of This amended interim final rule recommends implementing volume small entities, the Committee estimates increases the salable quantity an regulations or recommends revisions to that 2 of the 7 handlers regulated by the additional 81,849 pounds from existing volume regulations, meets the order could be considered small 1,228,066 pounds to 1,309,915 pounds, intent of section 985.50 of the order. entities. Most of the handlers are large and the allotment percentage an During its discussion of revising the corporations involved in the additional 4 percent from 60 percent to 1999–2000 salable quantities and international trading of essential oils 64 percent for Native spearmint oil for allotment percentages, the Committee and the products of essential oils. In the 1999–2000 marketing year. This rule considered: (1) The estimated quantity addition, the Committee estimates that relaxes the regulation of Native of salable oil of each class held by 25 of the 119 Scotch spearmint oil spearmint oil and will allow producers producers and handlers; (2) the producers and 7 of the 105 Native to meet market needs and improve estimated demand for each class of oil; spearmint oil producers would be returns. (3) prospective production of each class classified as small entities under the The Committee considered of oil; (4) total of allotment bases of each SBA definition. Thus, a majority of alternatives to the 4 percent increase class of oil for the current marketing handlers and producers of Far West based on projections and historical data year and the estimated total of allotment spearmint oil may not be classified as available at the meeting. Generally, bases of each class for the ensuing small entities. spearmint oil producers and buyers marketing year; (5) the quantity of The Far West spearmint oil industry attending the meeting recommended reserve oil, by class, in storage; (6) is characterized by producers whose that the Native spearmint oil salable producer prices of oil, including prices farming operations generally involve quantity be increased by at least an for each class of oil; and (7) general more than one commodity, and whose additional 55,000 pounds. The market conditions for each class of oil, income from farming operations is not Committee reached its recommendation including whether the estimated season exclusively dependent on the to increase the Native spearmint oil average price to producers is likely to production of spearmint oil. Crop salable quantity by an additional 81,849 exceed parity. Conformity with the rotation is an essential cultural practice pounds and the allotment percentage by Department’s ‘‘Guidelines for Fruit, in the production of spearmint oil for 4 percent after careful consideration of Vegetable, and Specialty Crop weed, insect, and disease control. A all available information, and believes Marketing Orders’’ has also been normal spearmint oil producing that the level recommended will reviewed and confirmed. operation would have enough acreage achieve the objectives sought. Without This increase in the 1999–2000 for rotation such that the total acreage the increase, the Committee believes the marketing year Native spearmint oil required to produce the crop would be industry will not be able to meet market salable quantity and allotment about one-third spearmint and two- needs. By recommending a greater percentage allows for anticipated market thirds rotational crops. An average increase than the market might needs for this class of oil. In spearmint oil producing farm would, otherwise demand, the Committee determining anticipated market needs, thus, have to have considerably more believes that any further unanticipated

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Section 985.218 is amended by be satisfied. percentage, the Committee’s republishing the introductory text and As of February 23, 2000, recommendation and other available revising paragraph (b) to read as follows: approximately 40,966 pounds of Native information, it is found that to revise spearmint oil was available for market. § 985.218 to change the salable quantity Note: This section will not appear in the During the past 5 years, the average and allotment percentage for Native annual Code of Federal Regulations. sales of Native spearmint oil from spearmint oil, as hereinafter set forth, March 1 to May 31 totaled 75,586 will tend to effectuate the declared § 985.218 Salable quantities and allotment pounds, while the average sales for the policy of the Act. percentagesÐ1999Ð2000 marketing year. period June 1 through February 29 This rule invites comments on a The salable quantity and allotment totaled 1,087,385 pounds. The Far West revision to the salable quantity and percentage for each class of spearmint spearmint oil industry has sold allotment percentage for Native oil during the marketing year beginning approximately 1,282,150 pounds of spearmint oil for the 1999–2000 on June 1, 1999, shall be as follows: Native spearmint oil through February marketing year. A 30-day comment * * * * * 23, 2000. This action has the effect of period is provided. Thirty days is (b) Class 3 (Native) oil—a salable adding 73,545 pounds of Native deemed appropriate because this rule quantity of 1,309,915 pounds and an spearmint oil to the amount available increases the quantity of Native allotment percentage of 64 percent. for market, bringing the total available spearmint oil that may be marketed Dated: March 21, 2000. supply for the remainder of this during the marketing year ending on Robert C. Keeney, marketing year up to approximately May 31, 2000. Additionally, the current 114,511 pounds. quantity of Native spearmint oil Deputy Administrator, Fruit and Vegetable Programs. Annual salable quantities and available for market may not be allotment percentages have been issued adequate to satisfy market needs for the [FR Doc. 00–7333 Filed 3–23–00; 8:45 am] for both classes of spearmint oil since remainder of the marketing year. Any BILLING CODE 3410±02±P the order’s inception. Reporting and comments received will be considered recordkeeping requirements have prior to finalization of this rule. remained the same for each year of Pursuant to 5 U.S.C. 553, it is also DEPARTMENT OF JUSTICE regulation. Accordingly, this action will found and determined upon good cause not impose any additional reporting or that it is impracticable, unnecessary, Immigration and Naturalization Service recordkeeping requirements on either and contrary to the public interest to small or large spearmint oil producers give preliminary notice prior to putting 8 CFR Parts 3, 212, 240, 245, 274a, and and handlers. All reports and forms this rule into effect and that good cause 299 associated with this program are exists for not postponing the effective [INS No. 1963±98; AG Order No. 2294±2000] reviewed periodically in order to avoid date of this rule until 30 days after unnecessary and duplicative publication in the Federal Register RIN 1115±AF33 information collection by industry and because: (1) This rule increases the public sector agencies. The Department Adjustment of Status for Certain quantity of Native spearmint oil that Nationals of Haiti has not identified any relevant Federal may be marketed during the marketing rules that duplicate, overlap, or conflict year which ends on May 31, 2000; (2) AGENCY: Immigration and Naturalization with this rule. the current quantity of Native spearmint Service, Justice, and Executive Office for Finally, the Committee’s meetings oil may be inadequate to meet demand Immigration Review, Justice. were widely publicized throughout the for the remainder of the season, thus spearmint oil industry and all interested ACTION: Final rule. making the additional oil available as persons were invited to attend and soon as is practicable is beneficial to SUMMARY: This rule implements section participate on all issues. Interested both handlers and producers; (3) the 902 of the Haitian Refugee Immigration persons are also invited to submit Committee unanimously recommended Fairness Act of 1998 (HRIFA) by information on the regulatory and this change at a public meeting and establishing procedures for certain informational impacts of this action on interested parties had an opportunity to nationals of Haiti who have been small businesses. residing in the United States to become A small business guide on complying provide input; and (4) this rule provides lawful permanent residents of this with fruit, vegetable, and specialty crop a 30-day comment period and any country. This rule allows them to obtain marketing agreements and orders may comments received will be considered lawful permanent resident status be viewed at the following website: prior to finalization of this rule. without applying for an immigrant visa http://www.ams.usda.gov/fv/ List of Subjects in 7 CFR Part 985 at a United States consulate abroad and moab.html. Any questions about the Marketing agreements, Oils and fats, waives many of the usual requirements compliance guide should be sent to Jay Reporting and recordkeeping for this benefit. Guerber at the previously mentioned requirements, Spearmint oil. address in the FOR FURTHER INFORMATION DATES: This final rule is effective March For the reasons set forth in the CONTACT section. 24, 2000. After consideration of all relevant preamble, 7 CFR part 985 is amended as FOR FURTHER INFORMATION CONTACT: For matter presented, including that follows: matters relating to the Immigration and contained in the prior proposed and PART 985ÐMARKETING ORDER Naturalization Service: Suzy Nguyen, final rules in connection with the REGULATING THE HANDLING OF Adjudications Officer, Office of establishment of the salable quantities SPEARMINT OIL PRODUCED IN THE Adjudications, Immigration and and allotment percentages for Scotch FAR WEST Naturalization Service, 425 I Street NW, and Native spearmint oils for the 1999– Room 3214, Washington, DC 20536, 2000 marketing year, the prior interim 1. The authority citation for 7 CFR telephone (202) 514–5014. For matters final rule increasing the 1999–2000 Part 985 continues to read as follows: relating to the Executive Office for

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Immigration Review: Chuck Adkins- (3) Haitian national children who HRIFA principal applicant, and is Blanch, Acting General Counsel, arrived in the United States without accompanied by either the correct fee or Executive Office for Immigration parents and have remained without a request for a fee waiver. Review, 5107 Leesburg Pike, Suite 2400, parents in the United States since such Some commenters felt that any Falls Church, VA 22041, telephone arrival; Haitian who entered the United States (703) 305–0470. (4) Haitian national children who prior to December 31, 1995, or who has SUPPLEMENTARY INFORMATION: became orphaned subsequent to arrival been living in the United States since in the United States; and December 31, 1995, and any family What are the Basic Provisions of (5) Haitian children who were members of such an individual, should Section 902 of HRIFA and the Interim abandoned by their parents or guardians be allowed to adjust his or her status to Regulations Published on May 12, prior to April 1, 1998, and have that of permanent resident. Although 1999? remained abandoned since such the Department understands the desire On October 21, 1998, the President abandonment. of the commenters to have the benefits of permanent residence extended to as signed into law a Fiscal Year 1999 How Many Comments Were Received Omnibus Appropriations Act, Public many persons as possible, the from Interested Parties in Response to suggestion is contrary to the statute, Law 105–277 (112 Stat. 2681). Division the Interim Rule? A, title IX of that statute, the Haitian which requires that principal applicants A total of 46 comments were received Refugee Immigration Fairness Act of fall within one of the five categories set during the comment period. 1998 (HRIFA), contained a provision, forth above, be admissible to the United Commenters included Members of section 902, that allows certain States, and meet all other statutory Congress, the mayor of a major city, nationals of Haiti to adjust their status requirements. Accordingly, this representatives of a number of to that of lawful permanent resident. On suggestion cannot be adopted. nongovernmental organizations, private Some commenters wanted the May 12, 1999, the Department of Justice attorneys, and other interested regulations to provide that upon being (Department) published an interim rule, individuals. The Department granted lawful permanent residence, with requests for comments, that appreciates the contributions of all any HRIFA applicants who arrived in implemented section 902 of HRIFA. See individuals and groups who submitted the United States after being paroled 64 FR 25756. comments. from the U.S. Naval Base at Guantanamo Section 902 of HRIFA provides that Bay, Cuba (Guantanamo Bay), would the Attorney General shall adjust the What Comments Were Submitted and immediately become eligible to apply status of certain Haitian nationals who how is the Regulation Being Changed as for United States citizenship. This are physically present in the United a Result? suggestion cannot be adopted because States to that of lawful permanent The issues raised by the commenters the Act specifically requires an alien to resident. In order to be eligible for generally fell into 17 areas: reside in the United States for a specific benefits under HRIFA, an applicant 1. Issues Pertaining to Eligibility Under period ‘‘after being lawfully admitted must: for permanent residence.’’ See Sec. • the Statute, but not Related to Be a national of Haiti who was 316(a)(1) of the Act, 8 U.S.C. 1427(a)(1). Immigrant Visa Waivers present in the United States on In the rare instances in which the December 31, 1995; A number of commenters requested • Immigration and Naturalization Service Have been physically present in the that the Department extend the time (Service or INS) has recorded the date United States for a continuous period period for submission of applications by of admission for permanent residence as beginning not later than December 31, principal applicants beyond the March other than the actual date the 1995, and ending not earlier than the 31, 2000, deadline set by statute. Such application for such status was granted, date the application for adjustment is action would require new legislation, as it has only done so in accordance with filed (not including any absence or it is clearly beyond the rulemaking explicit statutory authority. absences amounting to 180 days or less authority of the Department. Some commenters suggested that the in the aggregate); Other commenters, recognizing that regulations provide that any Haitian • Properly file an application for such change would exceed the national who entered the United States adjustment before April 1, 2000; Department’s authority, requested that prior to December 31, 1995, and who • Be admissible to the United States the Department not reject any applied for asylum prior to December under all provisions of section 212(a) of applications as improperly filed during 31, 1997, should be eligible for the Immigration and Nationality Act the final 30 days of the filing period adjustment under HRIFA. This (the Act), 8 U.S.C. 1182(a), except those because of a lack of documentation to suggestion is contrary to statute and provisions specifically excepted by establish eligibility. In light of the beyond the rulemaking authority of the HRIFA; and relatively short filing period, the Department; it therefore cannot be • Fall within one of the five classes Department finds this suggestion to be adopted. of persons described in section 902(b)(1) both reasonable and within its Finally, some commenters suggested of HRIFA. rulemaking authority. Accordingly, 8 that any asylum application that was The five classes described in section CFR 245.15(c)(2) has been revised to mailed to the Service by December 31, 902(b)(1) of HRIFA are: provide that an Application to Register 1995, but rejected as not properly filed, (1) Haitian nationals who filed for Permanent Residence or Adjust Status be considered to have been timely filed asylum before December 31, 1995; (Form I–485) submitted to either the for HRIFA purposes. Congress could (2) Haitian nationals who were Nebraska Service Center or the have opened the category to those who paroled into the United States prior to Immigration Court by a principal ‘‘filed or attempted to file’’ the December 31, 1995, after having been applicant seeking adjustment of status application, or more simply to those identified as having a credible fear of under HRIFA will not be rejected as who ‘‘submitted’’ the application. persecution, or paroled for emergent improperly filed as long as it has been Instead, Congress required that the reasons or reasons deemed strictly in properly completed and signed by the applicant have ‘‘filed for asylum before the public interest; applicant, identifies the applicant as a December 31, 1995,’’ in order to fall

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In alien’s departure, the difficulties in regulation, 8 CFR 103.2(a)(7), which so doing, a number of them quote a obtaining legitimate departure concerns the proper filing of petitions, portion of paragraph (c) of that section. documents at that time, and other will not be revised. The suggestion will The entire paragraph provides: factors peculiar to Haiti during that not be adopted. (c) The provisions of paragraphs (4), (5), period that may have induced the alien to commit fraud or make willful 2. Issues Pertaining to Eligibility Under and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking misrepresentations. Although these the Statute and Related to Immigrant adjustment of status under this section [i.e., factors would probably have been taken Visa Waivers section 209 of the Act], and the Attorney into account by the adjudicating officer A number of commenters suggested General may waive any other provision of or immigration judge regardless of the that the Department either automatically such section (other than paragraph (2)(C) or inclusion or exclusion of any specific subparagraph (A), (B), (C), or (E) of paragraph language in the regulations, the waive those grounds of inadmissibility (3)) with respect to such an alien for relating to medical conditions humanitarian purposes, to assure family Department feels that the inclusion of (especially HIV/AIDS infection) and unity, or when it is otherwise in the public such language in the final rule will fraud violations, or provide a more interest. facilitate a general understanding of the importance of these factors in making generous waiver provision such as that 8 U.S.C. 1159(c) (emphasis added). accorded to refugees and asylees the discretionary decision, and the When read in its entirety, it is clear adjusting status to lawful permanent suggestion has been adopted. that the waiver provision contained in residence under section 209 of the Act. section 209(c) of the Act applies only to 4. The Fee for Filing an Application 8 U.S.C. 158. aliens who are adjusting status under Some commenters requested that the Section 902(a)(1)(B) of HRIFA states that section, not to aliens applying for Department provide a reduced fee level that, in order for the Attorney General adjustment of status under other for families filing two or more to grant permanent residence under provision of law, including HRIFA. The applications for adjustment of status HRIFA, the applicant must be Department does not have the statutory under the HRIFA program. admissible to the United States. The authority to make this change. The fees charged under the HRIFA specific grounds under which an alien Accordingly, this suggestion cannot be program are the same as those charged may be found inadmissible to the adopted. all other adjustment applicants and (on United States are set forth in section an individual case basis) the regulations 3. Other Waiver Issues 212(a) of the Act. 8 U.S.C. 1182(a). already allow persons who are unable to While HRIFA provides that five of these An applicant who is able to meet the pay the specified fees to request a specific grounds of inadmissibility shall statutory requirements set forth in waiver of the filing fee. Upon not apply to HRIFA applicants, it does sections 212(g) and 212(i) of the Act for consideration of all factors, it was not exempt them from the grounds grounds of inadmissibility pertaining to determined that it was not appropriate pertaining to either inadmissibility a medical condition or to fraud or to provide a reduced fee level for HRIFA under medical grounds, which is willful misrepresentation must also applicants in general. discussed in section 212(a)(1)(A), 8 show that his or her case warrants U.S.C. 1182(a)(1)(A), or inadmissibility approval as a matter of discretion. In 5. Documentation in General under grounds pertaining to exercising such discretionary authority, A number of commenters made misrepresentation, which is discussed adjudicating officers and immigration suggestions regarding the in section 212(a)(6)(C), 8 U.S.C. judges must take into account all documentation required for proof of 1182(a)(1)(C). Without statutory factors—whether positive and eligibility and the manner and authority to waive grounds of negative—bearing on the case, and timeframe in which that documentation inadmissibility, the Attorney General determine which factors carry is to be submitted. Some commenters may not grant permanent residence to significant weight and which do not. suggested that the regulations should an inadmissible alien. A number of commenters have not require submission of proof of The statutory authority to grant requested that in adjudicating the unavailability of primary evidence (e.g., waivers of medical grounds of waiver application, the adjudicating a birth certificate) before accepting inadmissibility is contained in section officer or immigration judge take into secondary evidence (e.g., a baptismal 212(g) of the Act, 8 U.S.C. 1182(g), and account certain factors pertaining to the record or a consistent prior claim). the authority to grant waivers of manner of the applicant’s arrival in the Conversely, other commenters suggested grounds of inadmissibility pertaining to United States or to conditions in the that the standard should call for the misrepresentation is contained in applicant’s homeland. Specifically, submission of the ‘‘best evidence section 212(i) of the Act. 8 U.S.C. commenters requested that for persons available.’’ In considering applications 1182(i). Both of these sections set forth who were paroled into the United States and petitions for benefits under the Act, waiver eligibility criteria mandating from Guantanamo Bay for the purpose the Department’s policy has generally that, among other things, the applicant of receiving treatment of an HIV or AIDS been that the applicant should submit, have a qualifying relative who is a condition, the fact that their arrival in and the adjudication should be based citizen or lawful permanent resident of the United States was the direct result on, the best evidence available. In the United States. Unfortunately, many of a government decision to provide determining whether a particular type of HRIFA applicants who are inadmissible such treatment should be viewed as a evidence is generally available from under section 212(a)(1) or section significant positive factor. Likewise, foreign countries, the Department is 212(a)(6)(C) of the Act do not have such with regard to those applicants who guided by the information contained in qualifying relatives, and are therefore used counterfeit documents to travel Volume 9, Part IV, Appendix C of the ineligible for these waivers. from Haiti to the United States, many Department of State’s Foreign Affairs

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Manual (FAM), which reports that birth nonexistent Form I–94. The regulations to concede that, in light of the relatively certificates, marriage records, divorce have been amended to clarify this point. short filing period provided in the records, death certificates, and adoption However, the applicant is still required statute, it will be difficult—if not certificates are all generally available to meet the requirements set forth in 8 impossible—for many bona fide from Haiti. This is not to say, as it could CFR 245.15(i) pertaining to applicants to obtain the normally be said about any country in the world, documenting when the applicant’s required documentation in time to file that in an individual case, a particular physical presence in the United States an application for adjustment before the record may not have become lost or began. March 31, 2000, deadline. Accordingly, destroyed, or be otherwise unavailable. Some commenters suggested that the the Department is making a number of For this reason, the Department requires Department allow applicants to submit changes to the regulation that it believes an applicant to submit proof of the a list of documents already known to be will significantly alleviate, if not unavailability of primary in their Service files. While the eliminate, this problem. documentation from Haiti before regulations already contain this First, as previously stated, the considering secondary evidence. In provision, the relevant provision in 8 regulations will now allow an applicant short, the only way of knowing that CFR 245.15(m) has been revised to to file the application without the birth secondary evidence is the ‘‘best eliminate possible confusion on this record being included in the application evidence available,’’ and is therefore issue. package, if the applicant presents evidence that he or she is attempting to acceptable documentation, is to first 6. Documenting Haitian Nationality establish that the primary evidence is obtain the birth record. Once the birth unavailable. However, with regard to A number of commenters felt that it record has been received, such applications for adjustment of status was not reasonable for the Department applicant would present it at his or her to require applicants under HRIFA to under HRIFA, there is a very significant interview before a Service officer or submit evidence of nationality. Many factor that complicates the application hearing before an immigration judge. felt that any ‘‘evidence’’ of nationality of the ‘‘best evidence available’’ Second, the regulations will allow the already contained in the alien’s file standard: the March 31, 2000, HRIFA Service or Immigration Court to (including the applicant’s prior claims deadline for the filing of applications by consider secondary evidence of of Haitian nationality) should be more principal applicants. Because of this nationality, if the applicant submits than sufficient to prove that the deadline, the Department has evidence that he or she has applicant is Haitian. Additionally, some determined that it is best to temper this unsuccessfully attempted to obtain the commenters stated that it is standard so as to allow applicants to file standard documentation. Such an unreasonable to require the applicant to for adjustment of status using secondary unsuccessful attempt to obtain the submit evidence of the unavailability of standard documentation may be shown evidence as long as they also submit a document before the Service or by submitting a photocopy of a letter evidence that they have requested the Immigration Court will accept from the applicant to the keeper of primary evidence from an official secondary evidence in lieu of that records requesting the document in recordkeeper (e.g., the Haitian National document. Finally, some commenters question. If the primary evidence is Archives). This approach will avoid the expressed concerns that children born received prior to the interview or risk of persons being unable to apply for in Guantanamo Bay of Haitian parents hearing, the applicant can present it at adjustment under HRIFA, while at the would be unable to document either that time; otherwise, the adjudicating same time ensuring the integrity of the Haitian or Cuban nationality. officer or judge may make a documentation. In instances in which It is important to note that the determination based on the secondary the primary documentation arrives prior submission of evidence of nationality evidence. The secondary evidence to the applicant’s interview with an with the application for adjustment is a which may be taken into consideration immigration officer or hearing before an standard requirement for all applicants could include baptismal and other immigration judge, the applicant would for adjustment and not a special religious records, passports, and present the primary documentation at requirement placed upon applicants evidence or statements already such interview or hearing. Where the under HRIFA. Likewise, it is standard contained in the alien’s Service file. documentation does not arrive prior to practice to require evidence of the However, it must also be noted that all the interview or hearing, the unavailability of a document of record determinations as to the weight and interviewing officer or presiding judge before considering secondary evidence. credibility to be given to the secondary would make a determination whether to (As previously stated, the Department of evidence rest with the adjudicating make a decision based on the evidence State’s FAM reports that such officer or judge. available or to continue the case until documents are generally available in With regard to those children born in the primary documentation arrives. Haiti.) Furthermore, files that were Guantanamo Bay, there are at least three Some commenters were under the created upon an alien’s arrest or methods by which an applicant could mistaken impression that the submission of an application for document his or her birth. First, the regulations, see, e.g. 8 CFR 245.15(i), benefits may contain no documentary United States Naval authorities issued a always require that a Form I–94 be evidence of nationality, but may refer to certificate of live birth to the parents of submitted as proof of entry. If the alien the alien’s (perhaps self-serving) each child born on that naval base. is in possession of the Form I–94, he or statement of nationality. Despite some Second, the records of the Service she should submit it, but if the alien commenters’ contention to the contrary, would reflect the place of birth as being never received or lost the Form I–94, it while rare, it is not unheard of for a at Guantanamo Bay. Third, the records cannot be submitted. Where it is crucial non-Haitian alien to falsely claim to be of the voluntary agency that assisted in that the applicant establish the date of Haitian when it is to his or her the family’s resettlement would also arrival, as with children who arrived advantage. Accordingly, every prior show that the applicant was born at the without parents, secondary documents claim to Haitian nationality cannot U.S. Naval Base at Guantanamo Bay. may be submitted (such as automatically be presumed to be valid. Any of these records could be used in transportation company records or an However, even considering all of support of an application for adjustment affidavit) in lieu of a missing or these factors, the Department is willing under HRIFA.

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7. Documenting Presence in the United Department has determined that the as a result of the enactment of the Illegal States on December 31, 1995 guideline that had been intended to ease Immigration Reform and Immigrant Some commenters contend that the the burden on applicants by assisting Responsibility Act of 1996 (IIRIRA) in statutory requirement contained in them in gauging how much September 1996. These statutory section 902(b)(1) that limits the benefits documentation to submit has instead reforms applied prospectively only. See of HRIFA to nationals of Haiti who were become a hindrance that may result in IIRIRA section 309(c)(1). Accordingly, ‘‘present in the United States on some applicants believing that, without this suggestion will not be adopted. a certain minimum amount of December 31, 1995,’’ also applies to 10. Issues Pertaining to Applications documentation, they are ineligible to those who had been present in the Submitted by Children apply for or receive the benefit of United States at some time before that adjustment of status under HRIFA. A number of commenters felt that the date but had left and were not here on Accordingly, the guideline is being Department’s interpretation of ‘‘child that specific date. This contention is removed from the regulations and without parents in the United States’’ based on the commenters’ interpretation applicants should simply submit was too restrictive and undercut the of the requirement in section 902(b)(2) sufficient documentation to satisfy the legislative intent. Others mistakenly of HRIFA that the applicant must have adjudicating officer or immigration believed that the Department adopted been physically present in the United judge that they have maintained this position in order to combat possible States for a continuous period beginning continuous presence in the United fraud. In fact, the Department had not later than December 31, 1995, but States within the meaning of the statute. simply taken the common meaning of allows for absences of up to 180 days in The adjudicating officer or immigration the phrase since no definition was the aggregate during that period. The judge retains the right to request provided by the statute. According to commenters interpret the phrase additional documentation should the the commenters, the focus should be on ‘‘beginning not later than December 31, evidence submitted by the applicant whether there has been a sustainable 1995,’’ as applying not only to the prove insufficient to meet his or her parent-child relationship between the period of continuous presence, but also burden of proof. child and his or her parents in the to the absences. This would have been United States. In other words, who has a logical interpretation if section 9. Definition of the Term ‘‘Parole’’ or has had parental control over the 902(b)(1) of HRIFA had allowed Several commenters suggested that all child since his or her arrival into the applicants to have been present ‘‘on or Haitians released from Service custody United States? The Department agrees before December 31, 1995,’’ but it does before December 31, 1995, including that this interpretation better reflects the not. The only way to read both sections those released on bond or on their own legislative intent behind the provisions in concert is that persons who departed recognizance pursuant to section concerning children without parents. prior to December 31, 1995, and were 242(a)(1) of the Act, 8 U.S.C. 1252(a), as Therefore, the regulations have been not physically present on that date are it was in effect at that time, should amended by placing commas before and ineligible for benefits under HRIFA as qualify as ‘‘parolees’’ under HRIFA. In after the phrase ‘‘without parents’’ in 8 principal applicants. support of this suggestion, these CFR 245.15(b)(1)(iii)(A). A number of commenters felt that the 8. Documenting Presence in the United commenters cited an April 19, 1999, regulations unnecessarily and onerously States Since December 31, 1995 Service policy memorandum. That memorandum concerned the eligibility require children to show proof of their Many commenters were concerned of certain Cuban nationals for manner of arrival. Some commenters that the rough guideline for adjustment of status under the Cuban were under the mistaken impression documenting continuity of presence Adjustment Act, despite their having that the regulations required that a Form (one document for each 90-day period) arrived at a place other than a I–94 be submitted in all cases. Where an would be impossible for many bona fide designated port-of-entry. It has no applicant must establish his or her date applicants to meet due to cultural norms impact on the eligibility of a person of arrival, as with children who arrived unique to Haitians. Others contended seeking to adjust status under HRIFA as without parents, the Form I–94 should that due to other factors unique to a Haitian national who was paroled in be submitted whenever possible. Haitians, such as political, financial and the United States prior to December 31, However, as explained earlier, if the geographical constraints, it is unlikely 1995. The April 19, 1999, memorandum Form I–94 is not available, secondary that any Haitians departed from the provided in pertinent part that the documents may be submitted instead. In United States and returned since ‘‘release of an applicant for admission the case of a child arriving without December 31, 1995, and that even a from custody [pursuant to section 236 of parents, the secondary evidence may rough guideline of one document for the Act], without resolution of his or her include the child’s declaration which each 90 days is excessive. A few admissibility, is a parole.’’ (emphasis may be supported by other commenters argued that the Department added.) The release from custody of documentation (e.g., his or her should provide a more generous someone other than an applicant for attendance record at school shortly after guideline of one document for each 180 admission (e.g., an overstay) does not the claimed date of arrival). The days, since the statute allows applicants constitute a parole. In the HRIFA regulations have been amended to to have been outside the United States context, an alien who had entered the clarify this point. for up to 180 days without breaking United States without inspection, was A number of commenters made continuity of presence. detained by the Service, and was later suggestions regarding the Because the statute allows an released prior to December 31, 1995, documentation and level of proof applicant to be outside the United States cannot be seen as having been paroled required to prove eligibility as an for up to 180 days in the aggregate into the United States because the alien orphaned or abandoned child. Some without breaking continuity of presence, was not an applicant for admission at commenters suggested that an not absences of up to 180 days each, the the time of his or her release. The applicant’s declaration of orphanage Department finds that the argument that treatment of aliens present without should be sufficient proof of orphanage the guideline should be set at 180 days inspection as applicants for admission or abandonment. Several commenters is without merit. However, the was introduced to the immigration laws wanted secondary evidence to be

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See, Department should allow any probative However, this amended regulation Matter of Hernandez-Puente, 20 I & N evidence which might be submitted to pertains only to applications filed under Dec. 335, 337 (BIA 1991) (citing cases). state, local, or other authority to HRIFA and has no bearing on The Department reaffirms this establish orphanage or abandonment. applications or petitions filed under the interpretation that benefits such as The Department agrees that, where Act. adjustment cannot be granted nunc pro primary evidence (e.g., official state or Many commenters felt that the tunc, which is essentially what the court documents) is unavailable, provision for abandoned children commenters have suggested. secondary evidence may be submitted to should be guided by the best interest of 11. Local Police Clearances prove orphanage. Accordingly, the the child. A number of commenters regulations have been modified to wanted the Department to accept a One commenter requested that the reflect many of these suggestions. broader array of evidence, besides regulations provide a general exemption A number of commenters felt that a official state, local, or court records, to from the local police clearance broader and more general definition of prove the issue of abandonment. These requirement for persons who live or orphan should be used. Some suggestions include school records and have lived in locations where the local commenters wanted to include as an declarations by the child (or Service authorities have made a blanket orphan a child who has been records) indicating nonresidence or decision not to issue such clearances for irrevocably released by his or her sole nonrelationship with the parents. One immigration purposes, insofar as it or surviving parent who is unable to commenter suggested that if a child has relates to time periods when the provide support. This is particularly been left by his or her parents with a applicant resided in that locale. The relevant with regard to Haitian children relative, that should be sufficient to commenter listed New York City as an who have had one of their parents constitute abandonment along with example of such a location. In the disappear due to the actions of the notarized statements stating such. Other interest of reducing unnecessary former government of Haiti or due to commenters wanted to allow any burdens on both the applicants and on tragedy at sea. The Department agrees probative evidence which might be the local authorities, this suggestion has and has so amended the regulation at submitted to state, local, or other been adopted. § 245.15(a). The regulation now allows authority to establish abandonment. 12. Reinstatement of Removal an otherwise eligible child to qualify for Several commenters suggested that to qualify for classification as an orphan runaway children should be considered Some persons expressed concerns under section 902(b)(1)(C)(ii) of HRIFA abandoned, especially where the child about the applicability of section if (1) the child has lost one parent ran way due to the home environment. 241(a)(5) of the Act. 8 U.S.C. 1231. This through death or through A number of commenters urged the section provides that: disappearance, (2) competent Haitian Department to adopt the standard of (5) Reinstatement of removal orders authorities have certified that parent to abandonment as defined by the law in against aliens illegally reentering. If the be presumed dead, (3)the sole remaining Florida, where, if the parent or guardian Attorney General finds that an alien has parent is incapable of providing the of a child ‘‘makes no provision for the reentered the United States illegally proper care, and (4) the sole remaining child’s support and makes no effort to after having been removed or having parent has, in writing, irrevocably communicate with the child, * * * departed voluntarily, under an order of released the child for immigration to the [the] situation is [deemed] sufficient to removal, the prior order of removal is United States. However, this amended evince a willful rejection of parental reinstated from its original date and is regulation pertains only to applications obligations.’’ F.S. 1997, Sec. 39.01. not subject to being reopened or filed under HRIFA and has no bearing Other commenters suggested that the reviewed, the alien is not eligible and on applications or petitions filed under guidelines for abandonment established may not apply for any relief under this the Act, such as petitions for by the individual state having Act [chapter], and the alien shall be classification under section 101(b)(1)(F) jurisdiction over the child should be removed under the prior order at any of the Act, where the surviving parent adopted. The Department agrees that a time after the reentry. provision only pertains if the other broader category of evidence to prove In versions codified under the United parent is deceased. abandonment should be allowed. States Code, the final sentence refers to One commenter believed that HRIFA Accordingly, the Department will apply any relief under ‘‘this chapter’’ instead should not be read as limiting orphans the laws governing abandonment of ‘‘this Act.’’ This difference has to those who lost their parents while established by the individual state resulted in some persons believing that under 21 years old. While, by common where the child resides, or resided at the relief which affected persons are definition, the term ‘‘orphan’’ only the time of the abandonment. The barred from seeking is only that relief applies to a child, and not to an adult, regulations have been amended to provided under section 241 of the Act, who has lost his or her parents, section reflect this change. not relief provided under other sections 902(b)(1)(C) of HRIFA includes a unique A number of commenters wanted the of the Act. A brief explanation is in set of qualifications on applicants Department to allow a dependent (of a order. seeking status based on orphanage. HRIFA principal) to qualify for HRIFA The language of HRIFA, as enacted by Those qualifications provide that the benefits if he or she was a child on the Congress, is the official text of the Act. applicant must have been unmarried date of HRIFA’s enactment (October 21, When the laws enacted by Congress are and under 21 years old at the time of his 1998), or, alternatively, to toll the codified in the U.S. Code, that or her arrival in the United States and child’s age as of October 21, 1998, until codification is not ‘‘positive law.’’ The on December 31, 1995, and that he or the date when his or her adjustment titles of the U.S. Code are organized into she ‘‘became orphaned subsequent to application is adjudicated. The ‘‘chapters,’’ and so when an Act of arrival in the United States.’’ Because it Department will not accommodate this Congress is codified it is referred to as is possible for someone who became 21 request. The Department has a ‘‘chapter’’ of the Code. The

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Immigration and Nationality Act is rather than to be granted or receive such exclusion, deportation, or removal codified as Chapter 12 of Title 8 of the stay, it is clear that the Department’s proceedings are terminated. Adding a U.S. Code. Accordingly, the interim regulation on this point is regulatory requirement that separate Immigration and Nationality Act within the scope of what is intended by notification to that effect be issued provides that an alien subject to section the statute. Accordingly, this suggestion could only add confusion and raise 241(a)(5) of the Act is barred from any will not be adopted. questions as to whether the order had relief provided under any provision of been canceled or the proceedings had 14. Procedural Issues the Act. been terminated. Some commenters contend that A number of commenters made section 241(a)(5), which was added to suggestions pertaining to the procedures 15. Advance Parole for Persons Outside the Act by the Illegal Immigration by which the Department adjudicates the United States Reform and Immigrant Responsibility HRIFA applications and otherwise A number of interested parties Act of 1996 (IIRIRA), Pub. L. 104–208, administers the program. Some wanted submitted comments regarding 110 Stat. 3546, applies only to an alien the Service to make more frequent use procedures involved in authorizing ordered removed from the United States of the interview waiver option and parole for persons who either have in post-IIRIRA proceedings, and not to clarify unresolved issues through applied for adjustment of status or wish an alien ordered excluded and deported, written correspondence. However, the to travel to the United States in order to or ordered deported, from the United decision on whether to waive an apply for adjustment of status. Section States in pre-IIRIRA proceedings. These interview is made solely on a case-by- 245.15(t)(1) of Title 8 of the Code of commenters fail to take into account case basis and is wholly dependent on Federal Regulations sets forth section 309(d)(2) of IIRIRA which states whether the adjudicating officer is procedures for persons who have that ‘‘any reference in law to an order satisfied that the application is already filed for adjustment of status of removal shall be deemed to include approvable (or deniable) without further and wish to depart from and return to a reference to an order of exclusion and examination. In making his or her the United States. Additionally, that deportation or an order of deportation.’’ determination, the officer takes into provision sets forth procedures for Id. at sec. 309(d)(2). consideration the information submitted otherwise eligible persons who are Other commenters are under the by the applicant (which may include outside the United States and wish to be impression that the Department holds that submitted in response to a request paroled into the country in order to file that, when a person who departed the for additional evidence from the the application for adjustment of status. United States with an advance parole Service), information contained in the For purposes of clarity, these will be (Form I–512) returns to the United alien’s file, and all other pertinent referred to as ‘‘t-1 parole’’ and ‘‘t-2 States, he or she is re-entering illegally information at the officer’s disposal. The parole’’ in this discussion. and is subject to section 241(a)(5) of the suggestion will not be adopted. Some commenters wanted t-1 parole Act. These commenters may be Some commenters wanted any authorization to be automatic for all confusing advance parole with the applications postmarked by March 31, persons who apply for adjustment of separate requirement that someone who 2000, to be considered to have been status under HRIFA. Upon departs the United States while under properly filed, even if received at the consideration, the Department finds that an order of exclusion, deportation, or Nebraska Service Center after that date. this suggestion is likely to create more removal obtain permission to reapply The Service has long held that an problems than it would solve. Many for admission after removal, even if that application may only be considered applicants under the HRIFA program person receives an advance parole properly filed when it is received in a are not in possession of acceptable document. (This ‘‘permission to Service office, provided it is properly travel documents and encouraging them reapply’’ issue is discussed in section 15 signed and executed and the requisite to travel without first obtaining advance of this preamble on advance parole.) fee is attached. See e.g. 8 CFR parole is likely to result in increased The Department would not, without 103.2(a)(7). The Department sees no difficulties at ports-of-entry and more, view a return to the United States reason to hold HRIFA applications to a departure both here and abroad. If this pursuant to an advance parole as an different standard. suggestion were to be adopted, it would illegal reentry that would trigger the Finally, some commenters wanted the also be all but impossible to determine provisions of section 241(a)(5) of the regulations to specify that the Service which returning applicants had filed Act. must provide notice of the cancellation bona fide applications and which had of an order of exclusion, deportation, or filed mala fide or frivolous ones. The 13. Stay of Removal removal, or a notice of termination of lack of a recognized advance parole Some commenters suggested that the removal, deportation or removal document would considerably regulation should provide for an proceedings, in addition to the notice of exacerbate problems for the applicants, automatic stay of removal which would approval, whenever adjustment of status as well as for government and airline take effect upon the filing of the is granted to an alien who is subject to officials, and would inevitably result in application for adjustment of status such order or in such proceedings. bona fide applicants being stranded under HRIFA. The Department While the Service will endeavor to outside the country. The Department considered this issue when drafting the provide such notification, the fact has decided not to adopt this interim rule and concluded that it remains that the regulations already suggestion. would not be appropriate. provide that regardless of whether such Some commenters wanted the The Department feels that the notification is sent (or if sent, received), Department to extend the time during Attorney General should have the upon final approval of the application which the alien can travel to the United flexibility of denying stay of removal for adjustment of status under HRIFA by States after receiving an advance t-2 requests where there are overriding the Service or the Executive Office for parole authorization beyond the current negative factors. Since the statute calls Immigration Review (EOIR) (depending 60 days. The Department feels that for regulations which allow the HRIFA on which agency has jurisdiction), any under all but the most abnormal applicant to apply for (or ‘‘seek’’) a stay pending order of exclusion, deportation circumstances, a 60-day period should of deportation, removal, or exclusion, or removal is canceled and any pending be sufficient for this purpose. The

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Department also notes that if the beyond March 31, 2000, the District promulgate regulations and eligible recipient feels that he or she will need Director in Mexico City will continue to applicants an opportunity to apply for additional time to obtain travel have such authority. It should also be both adjustment of status and new EADs documents and exit permits, he or she noted that the Service can extend the (as adjustment applicants). The Service can request that the Service Officer-in- authority of the Director of the Nebraska recently published a notice in the Charge in Port-au-Prince delay issuance Service Center to issue such parole Federal Register, at 64 FR 71151, which of the advance parole document until a authorizations through an internal re-extended the validity of these EADs later date. Accordingly, this suggestion Service memorandum. It need not be until September 30, 2000. Because this has not been adopted. done through the rulemaking process. matter has been addressed by separate Some commenters wanted the 60-day See 8 CFR 2.1. However, should the action, it will not be addressed here. t-2 parole issued upon the alien’s arrival authority of the Nebraska Service Center 17. Comments Relating to the to be ‘‘automatically extended’’ upon to issue such parole authorizations be Procedures of the Executive Office for the filing of the application for extended, the Service will publish a Immigration Review. adjustment. This suggestion cannot be notice to that effect in the Federal adopted for at least three reasons. First, Register. Many commenters suggested that technically, a parole is not extended, Finally, an explanation is in order Haitians eligible for HRIFA relief should although at the completion of a parole, regarding the effect of departure from be permitted to administratively close one option available to the district the United States while under an order their cases without the concurrence of director having jurisdiction over the of exclusion, deportation, or removal, the Service. Currently, those aliens in alien’s residence in the United States is including situations in which the alien proceedings before the Immigration to reparole the alien if such action is first obtains an advance parole Court or Board of Immigration Appeals warranted in accordance with the authorization, Form I–512. A Form I– (Board) may move to have these statutory requirements set forth in 512 is a document which authorizes an proceedings administratively closed for section 212(d)(5) of the Act. 8 U.S.C. immigration officer to parole the bearer the purpose of filing an application for 1182(d)(5). Second, the purpose of the t- into the United States upon inspection adjustment under HRIFA with the 2 parole is to allow the alien to file the at a port-of-entry. It neither contains nor Service; however, the Service must application for adjustment of status connotes any special benefits for the concur with the administrative closure under HRIFA, and that purpose has bearer at the point of his or her of the case. been accomplished once the alien files departure from the United States. The Department has decided not to the application for adjustment. Any Whenever an alien who is under an change this procedure because it is decision to reparole the alien would outstanding order of exclusion, established law that has been applied to have to be made (by that district deportation, or removal departs from the other types of proceedings and not just director) once the applicant for United States, he or she effects or those involving HRIFA-eligible aliens. adjustment requests reparole through executes that order. This is true Administrative closure is a convenience his or her local immigration office and regardless of whether he or she is in that allows for the removal of a case presents his or her receipt for filing the possession of an I–512 authorizing a from the calendar in appropriate application for adjustment at the parole upon his or her return. Once the situations. An immigration judge or the Nebraska Service Center. Third, even if exclusion, deportation, or removal order Board may not administratively close a the other objections were overcome, the has been executed, an alien must apply case if it is opposed by either party. See technology does not currently exist to for and be granted permission to reapply Matter of Lopez-Barrios, 20 I & N Dec. provide for automatic reparole, and the (Form I–212) before he or she embarks 203, 204 (BIA 1990). The Department cost of developing such technology or reembarks for his or her return travel does not find that aliens applying for would not be warranted by the to the United States. Failure to obtain HRIFA are in a substantially different relatively small number of persons who such permission results in the alien position from other aliens requesting would benefit from it. being inadmissible to the United States administrative closure of their cases. Some commenters wanted the and, therefore, ineligible for adjustment Therefore, an exception to the rule is regulations to extend the authority of of status in the United States. not warranted. the Director of the Nebraska Service Two groups suggested that the interim Center to adjudicate advance t-2 parole 16. Employment Authorization rule limits motions to reopen an EOIR requests. That authority currently Documents decision denying HRIFA relief after a expires on March 31, 2000. It must be Some commenters felt that the Service failure to appear by confining the noted that the authority to approve this should automatically extend the work motions to current reopening and type of parole request normally lies with authorization for persons who had been rescission standards. They argue that the District Director in Mexico City for granted Deferred Enforced Departure reopening and rescission standards for anyone in the Western Hemisphere, but (DED) under the Presidential directive certain applicants with final exclusion not at a United States port-of-entry. The to the Attorney General of December 23, and deportation orders are improper authority was extended to the Director 1997. That order allowed the Service to because aliens with pre-IMMACT 90 of the Nebraska Service Center primarily grant DED status, with work deportation cases or aliens in exclusion because of the anticipated volume of authorization, to eligible applicants proceedings predating IIRIRA’s fusion of requests under the HRIFA program. A until December 22, 1998. Shortly before exclusion and deportation are subject to decision will be made sometime during December 22, 1998, the Department the ‘‘reasonable cause’’ standard for March 2000 as to whether both the published a notice in the Federal reopening or rescission of a case before Director of the Nebraska Service Center Register which explained that although EOIR. and the Director in Mexico City should it could not extend the DED program The Department chose to apply have such authority, or if such authority itself, it was extending the validity of current rescission and reopening should be vested solely with the District the affiliated Employment standards in this particular situation Director at Mexico City. Regardless of Authorization Documents (EADs) for because it has created a new proceeding whether the authority of the Director of another year (until December 22, 1999) applicable exclusively to HRIFA-only the Nebraska Service Center is extended to give the Department time to relief. Rescission or reopening in 8 CFR

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245.15(s)(4) refers to 8 CFR 245.15(s)(1), appropriate to modify the regulations ‘‘significant regulatory action’’ under and only discusses the situation with respect to this group of cases to section 3(f) of Executive Order 12866. involving aliens with final orders who avoid a potentially harsh and Accordingly, this regulation has been applied for adjustment of status under irreversible result. Accordingly, the submitted to the Office of Management section 902 of HRIFA with the Service, regulations are being amended to afford and Budget for review. were denied that relief by the Service, an applicant whose HRIFA fee waiver and were then referred to the request is denied the opportunity to Executive Order 13132 Immigration Court on Form I–290C for submit the required fee within 30 days This regulation will not have adjudication of their eligibility for such of notice that the fee waiver request was substantial direct effects on the States, relief. The rescission or reopening of denied and thereby maintain a timely on the relationship between the national proceedings under 8 CFR 245.15(s)(4) filing date. Government and the States, or on the refers exclusively to the HRIFA-only In addition, in a case over which the distribution of power and proceeding and not the original Board has jurisdiction, an application responsibilities among the various deportation or exclusion proceeding. received by the Board before April 1, levels of government. Therefore, in Accordingly, the standard for 2000, that has been properly signed and accordance with section 6 of Executive determining whether an alien is eligible executed is considered to be filed before Order 13132, it is determined that this for rescission or reopening under this the statutory deadline without payment rule does not have sufficient federalism subsection refers not to the original of the fee or submission of a fee waiver implications to warrant the preparation proceeding and the old standard, but request. Upon remand by the Board, the of a federalism summary impact rather to the new proceedings and the payment of the fee or a request for a fee statement. current standard. Because the waiver is made upon submission of the Department created this new type of application to the Immigration Court in Small Business Regulatory Enforcement proceeding, it considered it appropriate accordance with 8 CFR 240.11(f). The Fairness Act of 1996 to choose a standard consistent with regulations are being amended to afford This rule is not a major rule as recent reopening standards for removal an applicant whose HRIFA adjustment defined by section 251 of the Small proceedings put in place by Congress. fee waiver request is denied the Business Regulatory Enforcement Act of Are Any Other Changes Being Made to opportunity to submit the required fee 1996. 5 U.S.C. 804. This rule will not The Regulation? within 30 days of the notice that the fee result in an annual effect on the waiver request was denied. If the economy of $100 million or more; a Section 245.15(d)(4) has been revised required fee is not paid within 30 days, major increase in costs or prices; or to clarify that in establishing the the applicant will no longer be relationship between a principal significant adverse effects on considered to have filed a timely HRIFA competition, employment, investment, beneficiary and a dependent adjustment application. beneficiary, the standards of productivity, innovation, or on the documentation set forth in 8 CFR 204.2 Good Cause Exception ability of United States-based companies to compete with foreign- apply. No other changes are being made The Department’s implementation of based companies in domestic and to the regulation, with the exception of this final rule effective upon publication export markets. minor editorial corrections. in the Federal Register is based upon It has come to the Department’s the ‘‘good cause’’ exception found at 5 Executive Order 12988: Civil Justice attention that the application of current U.S.C. 553(d)(3). By statute, all HRIFA Reform regulations (8 C.F.R. 103.2(a)(7)) and principal adjustment applicants must This final rule meets the applicable practice to HRIFA applications filed file their applications before April 1, standards set forth in sections 3(a) and with fee waiver requests may 2000. Immediate implementation of this 3(b)(2) of Executive Order 12988. inadvertently result in certain final rule is necessary to ensure that applicants later being deemed to have HRIFA applicants are able to avail Unfunded Mandates Reform Act of missed the application deadline due to themselves of the modifications made in 1995 no fault on the part of the applicant. this final rule as soon as possible before Currently an application submitted with the end of the application period. This rule will not result in the a fee waiver request is not considered Accordingly, delaying the effective date expenditure by State, local, and tribal properly filed and does not retain a of this final rule for 30 days would be governments, in the aggregate, or by the receipt date until the fee waiver is contrary to the public interest. private sector, of $100 million or more granted. In cases where a fee waiver is in any 1 year, and will not significantly denied, the application is returned to Regulatory Flexibility Act or uniquely affect small governments. the applicant with instructions to In accordance with the Regulatory Therefore, no actions were deemed resubmit the application with the Flexibility Act, 5 U.S.C. 605(b), the necessary under the provisions of the appropriate fee at which time the Attorney General has reviewed this Unfunded Mandates Reform Act of application will be considered properly regulation and, by approving it, certifies 1995. filed and will be assigned a receipt date. that this regulation will not have a Paperwork Reduction Act Thus, under current regulations and significant economic impact upon a practice were the Service or substantial number of small entities. The information collection Immigration Court to deny a request for This rule allows certain Haitian requirement contained in this rule a waiver of the HRIFA application fee nationals to apply for adjustment of (Form I–485 Supplement C) has been after March 31, 2000, and return the status; it has no effect on small entities revised. Accordingly, it has been application, the alien could not file as that term is defined in 5 U.S.C. submitted and approved by the Office of another application with the fee because 601(6). Management and Budget (OMB) in the filing deadline would have already accordance with the Paperwork passed. Given the statutorily mandated Executive Order 12866 Reduction Act. The changes to the form filing deadline of March 31, 2000, the This rule is considered by the are effective with the issuance of this Department believes that it would be Department of Justice to be a rule.

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Plain Language in Government Writing PART 245ÐADJUSTMENT OF STATUS (2) The irrevocable and written TO THAT OF PERSON ADMITTED FOR release of all parental rights by the sole The President’s June 1, 1998, PERMANENT RESIDENCE parent, as that term is defined in Memorandum published at 63 FR § 204.3(b) of this chapter, based upon 31885, concerning Plain Language in 3. The authority citation for part 245 the inability of that parent to provide Government Writing, applies to this continues to read as follows: proper care (within the meaning of that proposed rule. Authority: 8 U.S.C. 1101, 1103, 1182, 1255; phrase in § 204.3(b) of this chapter) for List of Subjects sec. 202, Pub. L. 105–100, 111 Stat. 2160, the child, provided that at the time of 2193; sec. 902, Pub. L. 105–277, 112 Stat. such irrevocable release such parent is 8 CFR Part 3 2681; 8 CFR part 2. legally obligated to provide such care; or Administrative practice and 4. Section 245.15 is amended by: (3) The death or disappearance, as procedure, Immigration, Organization a. Revising the definitions of the that term is defined in § 204.3(b) of this and functions (Government agencies). terms ‘‘Abandoned and abandonment’’ chapter, of one parent and the and ‘‘Orphan and orphaned’’ in irrevocable and written release of all 8 CFR Part 212 paragraph (a); parental rights by the sole remaining b. Adding a new definition for the parent based upon the inability of that Administrative practice and term ‘‘Sole remaining parent’’ at the end parent to provide proper care (within procedure, Aliens, Passports and visas, of paragraph (a); the meaning of that phrase in § 204.3(b) Immigration, Reporting and c. Revising paragraph (b)(1)(iii)(A); of this chapter) for the child, provided recordkeeping requirements. d. Revising paragraph (c)(2); that at the time of such irrevocable 8 CFR Part 240 e. Revising paragraph (d)(4); release such parent is legally obligated f. Adding two new sentences at the to provide such care. Administrative practice and end of paragraph (e)(2); procedure, Aliens, Immigration. * * * * * g. Revising paragraph (h)(5); Sole remaining parent means a person 8 CFR Part 245 h. Revising paragraph (j)(1); who is the child’s only parent because: i. Revising paragraph (k)(3)(i); (1) The child’s other parent has died; Aliens, Immigration, Reporting and j. Revising paragraph (k)(3)(ii)(B); or recordkeeping requirements. k. Revising paragraphs (k)(4)(i) and (2) The child’s other parent has been (ii); 8 CFR Part 274a certified by competent Haitian l. Revising paragraphs (k)(5)(i) and authorities to be presumed dead as a Administrative practice and (ii); result of his or her disappearance, m. Revising paragraph (m); procedure, Aliens, Employment, within the meaning of that term as set n. Amending the last sentence in Penalties, Reporting and recordkeeping forth in § 204.3(b) of this chapter. requirements. paragraph (t)(2)(i) by removing the phrase ‘‘paragraph (f)’’ and adding in its * * * * * 8 CFR Part 299 place the phrase ‘‘paragraph (h)’’; and (b) * * * by (1) * * * Immigration, Reporting and o. Amending paragraph (u)(2) by (iii) * * * recordkeeping requirements. removing the phrase ‘‘paragraph (l)(2)’’ (A) Arrived in the United States Accordingly, the interim rule and adding in its place the phrase without parents in the United States and amending 8 CFR Parts 3, 212, 240, 245, ‘‘paragraph (t)(2)’’. has remained, without parents, in the 274a, and 299, which was published at The revised and added text reads as United States since his or her arrival; 64 FR 25756 on May 12, 1999, is follows: * * * * * adopted as a final rule with the (c) * * * following changes: § 245.15 Adjustment of Status of Certain (2) Proper application. The alien Haitian Nationals under the Haitian Refugee properly files an application for PART 212ÐDOCUMENTARY Immigrant Fairness Act of 1998 (HRIFA). adjustment of status in accordance with REQUIREMENTS: NONIMMIGRANTS; (a) * * * this section, including the evidence WAIVERS; ADMISSION OF CERTAIN Abandoned and abandonment mean described in paragraphs (h), (i), (j), and INADMISSIBLE ALIENS; PAROLE that both parents have, or the sole or (k) of this section. For purposes of surviving parent has, or in the case of § 245.15 of this chapter only, an 1. The authority citation for part 212 a child who has been placed into a Application to Register Permanent continues to read as follows: guardianship, the child’s guardian or Residence or Adjust Status (Form I–485) Authority: 8 U.S.C. 1101, 1102, 1103, 1182, guardians have, willfully forsaken all submitted by a principal applicant for 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 parental or guardianship rights, benefits under HRIFA may be CFR part 2. obligations, and claims to the child, as considered to have been properly filed well as all control over and possession if it: § 212.17 [Amended] of the child, without intending to (i) Is received not later than March 31, 2. Section 212.7 is amended by: transfer these rights to any specific 2000, at the Nebraska Service Center, person(s). the Board, or the Immigration Court a. Removing the phrase ‘‘§ 245.15(l)’’ * * * * * having jurisdiction; and adding in its place the phrase Orphan and orphaned refer to the (ii) Has been properly completed and ‘‘§ 245.15(t)’’ in both the heading and involuntary detachment or severance of signed by the applicant; the text of paragraph (a)(1)(iii); and by a child from his or her parents due to (iii) Identifies the provision of HRIFA b. Removing the phrase any of the following: under which the applicant is seeking ‘‘§ 245.15(l)(2)’’ and adding in its place (1) The death or disappearance of, adjustment of status; and the phrase ‘‘§ 245.15(t)(2)’’ in paragraph desertion by, or separation or loss from (iv) Is accompanied by either: (b)(2)(iv). both parents, as those terms are defined (A) The correct fee as specified in * * * * * in § 204.3(b) of this chapter; § 103.7(b)(1) of this chapter; or

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(B) A request for a fee waiver in adjustment of status under HRIFA who (k) * * * accordance with § 103.7(c) of this used counterfeit documents to travel (3) * * * chapter, provided such fee waiver from Haiti to the United States, the (i) Evidence, showing the date, request is subsequently granted; adjudicator shall, when weighing location, and manner of his or her however, if such a fee waiver request is discretionary factors, take into arrival in the United States, such as: subsequently denied and the applicant consideration the general lawlessness (A) A photocopy of the Form I–94 submits the require fee within 30 days and corruption which was widespread issued at the time of the alien’s arrival of the date of any notice that the fee in Haiti at the time of the alien’s in the United States; waiver request had been denied, the departure, the difficulties in obtaining (B) A copy of the airline or vessel application shall be regarded as having legitimate departure documents at that records showing transportation to the been filed before the statutory deadline. time, and other factors unique to Haiti United States; In addition, in a case over which the at that time which may have induced (C) Other similar documentation; or Board has jurisdiction, an application the alien to commit fraud or make (D) If none of the documents in received by the Board before April 1, willful misrepresentations. paragraphs (k)(3)(i)(A)–(C) of this section are available, a statement from 2000, that has been properly signed and * * * * * executed shall be considered filed (h) * * * the applicant, accompanied by whatever before the statutory deadline without (5) Police clearances. If the applicant evidence the applicant is able to submit payment of the fee or submission of a is 14 years old or older, a police in support of that statement; and fee waiver request. Upon remand by the clearance from each municipality where (ii) * * * Board, the payment of the fee or a the alien has resided for 6 months or (B) Evidence showing that the request for a fee waiver shall be made longer since arriving in the United applicant’s parents did not live in the upon submission of the application to States. If there are multiple local law United States with the applicant. Such the Immigration Court in accordance enforcement agencies (e.g., city police evidence may include, but is not limited with 8 CFR 240.11(f). If a request for a and county sheriff) with jurisdiction to, documentation or affidavits showing fee waiver is denied, the application over the alien’s residence, the applicant that the applicant’s parents have been shall be considered as having been may obtain a clearance from either continuously employed outside the properly filed with the Immigration agency. If the applicant resides or United States, are deceased, Court before the statutory deadline resided in a State where the State police disappeared, or abandoned the provided that the applicant submits the maintain a compilation of all local applicant prior to the applicant’s arrival, required fee within 30 days of the date arrests and convictions, a statewide or were otherwise engaged in activities of any notice that the fee waiver request clearance is sufficient. If the applicant showing that they were not in the has been denied. presents a letter from the local police United States, or (if they have been in agencies involved, or other evidence, to the United States) that the applicant and * * * * * his or her parents did not reside (d) * * * the effect that the applicant attempted to obtain such clearance but was unable to together. (4) Relationship. The qualifying (4) * * * do so because of local or State policy, relationship to the principal alien must (i) Evidence, showing the date, the director or immigration judge having have existed at the time the principal location, and manner of his or her jurisdiction over the application may was granted adjustment of status and arrival in the United States, such as: must continue to exist at the time the waive the local police clearance. (A) A photocopy of the Form I–94 dependent alien is granted adjustment Furthermore, if such local police agency issued at the time of the alien’s arrival of status. To establish the qualifying has provided the Service or the in the United States; relationship to the principal alien, Immigration Court with a blanket (B) A copy of the airline or vessel evidence must be submitted in statement that issuance of such police records showing transportation to the accordance with § 204.2 of this chapter. clearance is against local or State policy, United States; Such evidence should consist of the the director or immigration judge having (C) Other similar documentation; or documents specified in jurisdiction over the case may waive the (D) If none of the documents in § 204.2(a)(1)(i)(B), (a)(1)(iii)(B), (a)(2), local police clearance requirement paragraphs (k)(4)(i)(A)–(C) of this (d)(2), and (d)(5) of this chapter; regardless of whether the applicant section are available, a statement from * * * * * individually submits a letter from that the applicant, accompanied by whatever (e) * * * local police agency; evidence the applicant is able to submit (2) * * * In considering an * * * * * in support of that statement; and application for waiver under section (j) * * * (ii) Either: 212(g) of the Act by an otherwise (1) Evidence establishing presence. (A) The death certificates of both statutorily eligible applicant for Evidence establishing the continuity of parents (or in the case of a child having adjustment of status under HRIFA who the alien’s physical presence in the only one parent, the death certificate of was paroled into the United States from United States since December 31, 1995, the sole parent) showing that the death the U.S. Naval Base at Guantanamo Bay, may consist of any documentation or deaths occurred after the date of the for the purpose of receiving treatment of issued by any governmental or applicant’s arrival in the United States; an HIV or AIDS condition, the fact that nongovernmental authority, provided (B) Evidence from a State, local, or his or her arrival in the United States such evidence bears the name of the other court or governmental authority was the direct result of a government applicant, was dated at the time it was having jurisdiction and authority to decision to provide such treatment issued, and bears the signature, seal, or make decisions in matters of child should be viewed as a significant other authenticating instrument of the welfare establishing the disappearance positive factor when weighing authorized representative of the issuing of, the separation or loss from, or discretionary factors. In considering an authority, if the document would desertion by, both parents (or, in the application for waiver under section normally contain such authenticating case of a child born out of wedlock who 212(i) of the Act by an otherwise instrument. has not been legitimated, the sole statutorily eligible applicant for * * * * * parent); or

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(C) Evidence of: to be abandoned according to the laws affidavit to that effect in lieu of the (1) Either: of the State where he or she resides, or actual documentation. (i) The child having only a sole where he or she resided at the time of * * * * * parent, as that term is defined in the abandonment, had the issue been § 204.3(b) of this chapter; presented to the proper authorities. PART 274AÐCONTROL OF (ii) The death of one parent; or EMPLOYMENT OF ALIENS (iii) Certification by competent * * * * * Haitian authorities that one parent is (m) Secondary evidence. Except as 5. The authority citation for part 274a presumed dead as a result of his or her otherwise provided in this paragraph, if continues to read as follows: disappearance, within the meaning of the primary evidence required in this that term as set forth in § 204.3(b) of this section is unavailable, church or school Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2; Pub. L. 101–410, 104 Stat 890, chapter; and records, or other secondary evidence as amended by Pub. L. 104–34, 110 Stat 1321. (2) A copy of a written statement pertinent to the facts in issue, may be executed by the sole parent, or the sole submitted. If such documents are § 274a.12 [Amended] remaining parent, irrevocably releasing unavailable, affidavits may be 6. In § 274a.12, paragraph (c)(9) is all parental rights based upon the submitted. The applicant may submit as amended in the second sentence by inability of that parent to provide proper many types of secondary evidence as removing the words ‘‘§§ 245.13(j) and care for the child. necessary to establish birth, marriage, or 245.13(k) of this chapter’’ and adding in (5) * * * other relevant events. Documentary its place the words ‘‘§§ 245.13(j) and (i) Evidence, showing the date, evidence establishing that primary 245.15(n) of this chapter’’. location, and manner of his or her evidence is unavailable must arrival in the United States, such as: accompany secondary evidence of birth § 274a.13 [Amended] (A) A photocopy of the Form I–94 or marriage in the home country. The 7. In § 274a.13, paragraph (d) is issued at the time of the alien’s arrival unavailability of such documents may amended in the first sentence by in the United States; be shown by submission of a copy of the (B) A copy of the airline or vessel removing the words ‘‘insofar as it is records showing transportation to the written request for a copy of such governed by §§ 245.13(j) and 245.15(k) United States; documents which was sent to the of this chapter’’ and adding in its place (C) Other similar documentation; or official keeper of the records. In the words ‘‘insofar as it is governed by (D) If none of the documents in adjudicating the application for §§ 245.13(j) and 245.15(n) of this paragraphs (k)(5)(i)(A)–(C) of this adjustment of status under section 902 chapter’’. section are available, a statement from of HRIFA, the Service or immigration PART 299ÐIMMIGRATION FORMS the applicant, accompanied by whatever judge shall determine the weight to be evidence the applicant is able to submit given such secondary evidence. 8. The authority citation for part 299 in support of that statement; and Secondary evidence may not be continues to read as follows: (ii) Either: submitted in lieu of the documentation (A) Evidence from a State, local, or specified in paragraphs (i) or (j) of this Authority: 8 U.S.C. 1101, 1103; 8 CFR part other court or governmental authority section. However, subject to verification 2. having jurisdiction and authority to by the Service, if the documentation 9. Section 299.1 is amended in the make decisions in matters of child specified in this paragraph or in table by revising the entry for Form ‘‘I– welfare establishing such abandonment; paragraphs (h)(3)(i), (i), (j), (l)(1), and 485 Supplement C’’, to read as follows: or (l)(2) of this section is already contained (B) Evidence to establish that the in the Service’s file relating to the § 299.1 Prescribed forms. applicant would have been considered applicant, the applicant may submit an * * * * *

Form No. Edition date Title

******* I±485 Supplement C ...... 12±01±99 HRIFA Supplement to Form I±485 Instructions.

*******

Dated: March 17, 2000. DEPARTMENT OF JUSTICE ACTION: Final rule. Janet Reno, Attorney General. Immigration and Naturalization Service SUMMARY: This rule implements section [FR Doc. 00–7204 Filed 3–21–00; 3:47 pm] 202 of the Nicaraguan Adjustment and 8 CFR Parts 3, 212, 240, 245, 274a and BILLING CODE 4410±10±P Central American Relief Act (NACARA) 299 by establishing procedures for certain [INS No. 1893±97; AG Order No. 2293±2000] nationals of Nicaragua and Cuba who have been residing in the United States RIN 1115±AF04 to become lawful permanent residents of this country. This rule allows them to Adjustment of Status for Certain obtain lawful permanent resident status Nationals of Nicaragua and Cuba without applying for an immigrant visa AGENCY: Immigration and Naturalization at a United States consulate abroad, and Service, Justice, and Executive Office for waives many of the usual requirements Immigration Review, Justice. for this benefit.

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DATES: This final rule is effective March may file his or her application with the commenters suggested that the 24, 2000. immigration court, unless the Department create a family unity FOR FURTHER INFORMATION CONTACT: For immigration court administratively program for ineligible dependents and matters relating to the Immigration and closes such proceedings for the specific provide them with a blanket waiver of Naturalization Service—Suzy Nguyen, purpose of allowing the alien to apply section 212(a)(9)(B) of the Act (which Adjudications Officer, Office of for adjustment before the Immigration creates a 3-year bar for aliens who have Adjudications, Immigration and and Naturalization Service (Service or been unlawfully present for more than Naturalization Service, 425 I Street NW, INS). The regulation also added an 180 days and a 10-year bar for those Room 3214, Washington, DC 20536, eighth method to the seven contained in who have been unlawfully present for 1 telephone (202) 514–5014; For matters the statute for proving commencement year or more). While the Department is relating to the Executive Office for of physical presence in the United sympathetic to the problem faced by Immigration Review—Chuck Adkins- States. Additionally, it explained the non-Nicaraguan, non-Cuban Blanch, Acting General Counsel, process through which a NACARA dependents, section 202(d)(1)(A) of Executive Office for Immigration adjustment applicant may seek NACARA clearly states that the alien Review, 5107 Leesburg Pike, Suite 2400, authorization to work in the United spouse must be ‘‘a national of Nicaragua Falls Church, VA 22041, telephone States or to travel outside of the country. or Cuba.’’ While the courts have held (703) 305–0470. Finally, the regulation provided a that an agency has a certain amount of vehicle through which certain aliens latitude in drafting implementing SUPPLEMENTARY INFORMATION: who are outside the United States may regulations if the statute is unclear on What Are the Basic Provisions of seek authorization to be paroled into the an issue, the agency has no such Section 202 of NACARA and the country for the purpose of applying for latitude where the statute is clear. Only Interim Regulation Published on May adjustment of status. a statutory change can redress the issue of eligibility for non-Nicaraguan and 21, 1998? How Many Comments Were Received non-Cuban dependents. Likewise, a The Nicaraguan Adjustment and From Interested Parties During the statutory change would be required to Central American Relief Act (NACARA), Comment Period? create a family unity program for enacted as title II of the District of There were 36 separate comments ineligible dependents and to waive the Columbia Appropriations Act, 1998, received from various organizations, provisions of section 212(a)(9)(B) of the Public Law 105–100 (111 Stat. 2160, individuals, and other interested Act. Accordingly, no changes are being 2193), was signed into law on November parties. That number included three made to the regulation on this point. 19, 1997. As amended by Public Law Members of Congress, one 105–139 (111 Stat. 2644), which was representative of a foreign government, 2. Other Statutory Issues signed into law the same day, section numerous nongovernmental Some commenters wanted 202 of NACARA allows certain organizations, and several attorneys and clarification in the regulation on Nicaraguan and Cuban nationals who law firms. Also included in that number whether sections 212(a)(6)(B), 240B(d), are physically present in the United are 2 petitions, 1 with 426 signatures 241(a)(5) (and also by extension States to adjust status to that of lawful and the other with 66 signatures, and 212(a)(9)(C)), and ‘‘the former section permanent resident. In order to be 124 identical letters signed by the 242B’’ of the Act applied to NACARA eligible for benefits under NACARA, an members of 1 organization, making a applicants. One party also requested applicant must be a national of total of 649 individuals and information regarding the number of Nicaragua or Cuba; must be admissible organizations who participated in the persons affected by section 241(a)(5) of to the United States under all provisions public comment process. The the Act. Although incorporating a of section 212(a) of the Immigration and Department wishes to thank all discussion of each of these provisions in Nationality Act (Act), other than those participants for their insightful 8 CFR 245.13 would unnecessarily provisions specifically excepted by comments. complicate the regulation, we have NACARA; must have been physically decided to address them in this present in the United States for a What Were the Specific Comments and supplementary information. continuous period beginning not later How Is the Department Amending the Section 212(a)(6)(B) of the Act than December 1, 1995, and ending not Regulation as a Result? provides that if an alien failed to attend earlier than the date the application for The issues raised by commenters a removal hearing, he or she is adjustment is filed (not counting generally fell into 14 areas, each of inadmissible for a period of 5 years from absences totaling 180 days or less); and which will be discussed separately, as his or her subsequent departure or must properly file an application before follows: removal. In order to be barred from April 1, 2000. In addition, certain family adjusting status under NACARA, an members of NACARA beneficiaries are 1. Treatment of an Ineligible Spouse or alien would (1) have to fail to attend a also eligible for adjustment of status Child removal hearing; (2) depart or be under NACARA. A significant number of commenters removed from the United States; (3) re- The interim regulation published in expressed concern about the enter the United States; and (4) apply the Federal Register by the Department requirement that a spouse or child of a for adjustment under NACARA. If any of Justice (Department) on May 21, principal applicant be a national of of these four steps is missing, the alien 1998, explained the forms, supporting Nicaragua or Cuba in order to qualify for would not be inadmissible under documentation, and process through the benefits of section 202 of NACARA. section 212(a)(6)(B) of the Act; if all four which a principal applicant, or an Some questioned whether the language are present, he or she would be applicant who is a dependent of a of the statute specified that the inadmissible and, therefore, ineligible principal applicant, may apply for dependent be a national of Nicaragua or for adjustment of status under section adjustment of status under section 202 Cuba, while others recognized that the 202 of NACARA. of NACARA. It provided that an alien language so specified, but felt that the If an alien was permitted to depart who is currently in exclusion, agency has the authority to ‘‘correct’’ the voluntarily but failed to do so, he or she deportation, or removal proceedings language through regulation. Still other would be barred by section 240B(d) of

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Because a NACARA applicant would therefore, ineligible for adjustment Some commenters wanted the not be seeking benefits under one of the under NACARA, but departing while Department to provide an exception for sections specified in section 240B(d) of under such order and then entering or those aliens who were deported from the Act, section 240B(d) of the Act attempting to re-enter without being the United States more than 180 days would not apply. properly admitted does. before the NACARA enactment date and Section 241(a)(5) of the Act provides The former section 242B of the Act who as a result had already been absent for the reinstatement of a removal order was replaced by section 308(b)(6) of for more time than allowed under against any alien who illegally re-enters IIRIRA, and incorporated into the new section 202(b)(1) of NACARA. This the United States after having been section 240(b)(7) of the Act. That section suggested change exceeds the agency’s removed or after having departed bars an alien against whom a final order rulemaking authority and could only be voluntarily under an order of removal. of removal is entered in absentia from accomplished through new legislation. It also bars any alien whose removal eligibility for relief under certain 3. Documentation Required for Proving order has been reinstated from receiving specified sections of the Act. As with Commencement of Physical Presence any relief under the Act. An alien who section 240B(d) of the Act, because a has been previously deported is NACARA applicant is seeking In the supplementary information inadmissible for the applicable period adjustment under a provision of law relating to the interim regulation, the set forth in the Act and may only that is separate from the Act, section Department specifically requested overcome such inadmissibility by 240(b)(7) (formerly section 242B) of the suggestions from interested parties obtaining the applicable waiver of Act does not apply. concerning the documentation that may inadmissibility authorized under Some commenters inquired whether be used to establish physical presence section 212(a)(9) of the Act (such waiver someone who is already a lawful in the United States on or prior to is more commonly referred to as permanent resident (LPR) may December 1, 1995. In particular, the permission to reapply for admission ‘‘readjust’’ under NACARA in order to Department stated that it was: after deportation) before being granted obtain some ancillary benefit. In soliciting public comments on the need for adjustment of status (including accordance with Board precedent, see any additional methods of establishing adjustment under section 202 of e.g., Matter of Krastman, 11 I&N Dec. commencement of physical presence in the NACARA). Because such a waiver is United States and suggestions as to what 720, 721 (BIA 1966), the ability of an those additional methods should be, relief (from inadmissibility) under the alien who is an LPR to apply for and be including whether the documentary Act for which an alien subject to granted adjustment of status to that of standards listed in 8 CFR 245.13(e)(3) for reinstatement is ineligible, a previously an alien lawfully admitted for demonstrating continuity of physical deported alien who has re-entered the permanent residence is limited to cases presence should also be applied to the United States illegally at a time when in which the alien is at risk of losing his requirement for demonstrating his or her previous exclusion, or her current LPR status, i.e., the alien commencement of physical presence. deportation, or removal rendered him or has been found to be subject to removal 63 FR 27823, 27824 (May 21, 1998). her inadmissible to the United States is from the United States. Otherwise, an The rulemaking went on to state that ineligible to adjust status under section alien who is currently an LPR would commenters were ‘‘encouraged to 202 of NACARA. The Service does not have to abandon that status by leaving explain which classes of aliens would know how many otherwise-eligible the United States with the intent of benefit from the proposal, and how the Nicaraguans and Cubans are barred from abandoning his or her residence in the proposal could be implemented without adjusting under section 202 due to the United States before he or she could be severely compromising the integrity of provisions of section 241(a)(5) of the considered eligible for NACARA the adjudicative process.’’ Id. Act, but judging solely from the volume adjustment. Like other eligible aliens The Department received a number of of inquiries received on the issue, the currently abroad, a former LPR whom suggestions regarding this matter. The number may be significant. the Service believes has abandoned his suggestions ranged from expanding the The issue of a previous exclusion, or her status may apply for, and may be list to include any type of governmental deportation, or removal also arises in granted, parole into the United States in or nongovernmental document or connection with section order to file a NACARA adjustment affidavit that the applicant wishes to 212(a)(9)(C)(i)(II) of the Act, which application. However, since each parole submit, to condensing the list by provides that: request must be considered on its own limiting it to documents issued by an Any alien who * * * has been ordered merits and must be based on either agency of the Federal Government and removed under section 235(B)(1), section urgent humanitarian reasons or excluding documents issued by State 240, or any other provision of law, and who significant public benefit, there are no and local authorities. Some commenters enters or attempts to reenter the United guarantees that such a parole request wanted the Department to accept States without being admitted is would be approved. The alien could end documents issued by certain private inadmissible. up stranded outside the United States. service providers, such as physicians, Section 202(a)(2) of NACARA One commenter felt that, because attorneys, nonpublic schools, and the specifically provides that ‘‘[a]n alien NACARA was modeled after the Cuban clergy. Other commenters wanted the present in the United States who has Adjustment Act of 1966, any Nicaraguan Department to give special been ordered excluded, deported, or Cuban who had been in the United consideration to persons who, through removed, or ordered to depart States for 1 year should be allowed to the nature of their presence in the voluntarily from the United States adjust status. While there are certain United States, did not create a ‘‘paper under any provision of the Immigration similarities between the two statutes, trail,’’ such as domestic servants and and Nationality Act may, there are also significant differences, elderly ‘‘stay-at-homes.’’ One notwithstanding such order, apply for including differences relating to the commenter proposed that the adjustment of status under paragraph eligibility requirements. Merely being Department accept any documents that (1).’’ Accordingly, merely having been present in the United States for a year were dated by the government at the

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Documentation Required for Proving and visa petitions submitted to the being included in the regulation to Continuity of Physical Presence Service. ensure parity with the provisions of the Many commenters did not make regulation pertaining to the Haitian The interim regulation set forth a suggestions as to how the Service could Refugee Immigration Fairness Act lower standard for documents improve its ability to detect and deter (HRIFA), which is in many ways evidencing continuity of presence, fraud. Others took the view that the comparable to section 202 of NACARA. allowing applicants to submit both Service already has sufficient capability With this one exception, the governmental and nongovernmental to detect and deter fraud through its Department will not expand the documents, so long as the document interview and investigation procedures, categories to include documents that are ‘‘bears the name of the applicant, was and that there is no greater risk of fraud not based on governmental records. In dated at the time it was issued, and in NACARA applications than in other so doing, the Department does not want bears the signature of the authorized adjustment applications. to leave the impression that it is representative of the issuing authority.’’ In addition, some commenters wanted disparaging the recordkeeping processes 8 CFR 245.13(e)(3). The interim the Department to clarify that under the or the integrity of nongovernmental regulation also provided a general existing regulations, the Form I–94, organizations and individuals. Nor is guideline which stated that submission Record of Arrival and Departure, issued the Department under the illusion that of one document for each 90-day period by the Service at the time of the alien’s all governmental records are entirely since December 1, 1995, would inspection and admission or parole is reliable. Experience has shown, normally be sufficient to establish acceptable evidence of commencement however, that governmental records are continuity. Id. of physical presence; others wanted the generally easier to verify than The Department received numerous Department to clarify that the proof of nongovernmental records. comments regarding evidence needed to commencement may relate to any time Although one commenter correctly establish continuity of presence. One at or after entry and any time on or pointed out that the statutory list commenter suggested that evidence before December 1, 1995. contains only documents that can be pertaining to a child (such as school After carefully reviewing all of the verified through the records of the records) should also apply to other comments in this regard, the Federal Government, the Department family members. Another suggested that Department has chosen not to expand does not feel that it has sufficient a letter from a landlord, utility, or bank the categories to include documents that justification at this time to make the detailing the records of that person or are not based upon governmental requirement more restrictive. organization should be acceptable. Still records for the following reasons. The The Department is, however, adopting others recommended accepting enumerated categories in the statute the suggestions of those commenters affidavits from employers or requiring itself give strong indication that who proposed that the list be expanded no documentation at all. Congress intended that applicants to include other documents for which In response to these suggestions, the provide the most reliable and readily governmental records exist. Beginning Department has decided to expand the verifiable evidence of the on the effective date of this final rule, list of documents that may be used to commencement of physical presence in the Department will accept as evidence establish continuity of physical the United States on or before December of commencement of physical presence presence to include certified copies of 1, 1995. Evidence in the form of a certified copy of a Federal, State, or records maintained by organizations contemporaneous governmental records local governmental record that was chartered by the government, such as (or copies of such contemporaneous created on or prior to December 1, 1995, public utilities, accredited private and records) provides the most reliable and shows that the applicant was present in religious schools, and banks. readily verifiable means of documenting the United States at the time, and Additionally, if the applicant such physical presence. establishes that the applicant sought on establishes that a family unit was in Nongovernmental records are generally his or her own behalf, or some other existence and cohabiting in the United more difficult to verify. Affidavits party sought on the applicant’s behalf, States, documents evidencing presence submitted by the applicant without a benefit from the Federal, State, or local of one member of that family unit may independent corroboration raise serious governmental agency maintaining such be used by other members of that same reliability issues. Affidavits submitted record. Additionally, the Department family unit. Letters and affidavits by allegedly disinterested third parties will accept as evidence of created after the fact, regardless of the on behalf of the applicant would also be commencement of physical presence a source, will not be acceptable. problematic in that such affidavits certified copy of a Federal, State, or A number of commenters pointed out would not provide a contemporaneous local governmental record that was that many documents do not normally accounting of the relevant facts and created on or prior to December 1, 1995, bear the signature or seal of the therefore raise additional reliability that shows that the applicant was originator, including many documents concerns. In light of the foregoing, the present in the United States at the time, that are listed in the interim regulation Department does not think it prudent to and establishes that the applicant as acceptable, such as utility bills and extend the categories of documents that submitted an income tax return, other receipts, employment records, and can be used to demonstrate property tax payment, or similar credit card statements. The Department commencement of physical presence submission or payment to the Federal, is modifying the regulation to state that beyond those set forth in the interim State, or local governmental agency if the document is normally signed, regulation, with one exception. maintaining such record. These changes sealed, issued on letterhead stationary, This one exception will allow an will allow applicants to use records or otherwise authenticated, it must bear applicant who had attended a such as income tax returns, labor such indication of authenticity. recognized private or religious school as certification requests, and immigrant One commenter pointed out that the a child (i.e., under 21 years of age) to visa petitions. If the record involved is reference in the interim regulation to submit a transcript from that school as maintained by the Service, such as an ‘‘pay checks’’ should read ‘‘pay stubs’’

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The jurisdiction over an alien’s residence trail’’ such as domestics and the elderly. statute allows an applicant to be absent (e.g., city police and county sheriff), the Others suggested that adjudicators be from the United States for up to 180 applicant may obtain a clearance from given a wide range of latitude with days after establishing physical either agency, and that for those regard to continuity documents in presence on or prior to December 1, individuals living in states where the general, urging the Department to be 1995. Some persons have erroneously state police maintain a compilation of flexible with regard to the 90-day interpreted this to mean that absences all local arrests and convictions, a guideline. between the last (pre-December 2, 1995) statewide clearance is sufficient. Adjudicators already have a fair date on which the applicant 6. Determining Nationality amount of latitude with regard to issues commenced physical presence and involving continuity of presence. The December 1, 1995, do not count toward One commenter suggested that all 90-day guideline was never intended to the 180-day maximum. The correct applicants be required to establish be a hard-and-fast rule, but rather more interpretation is that all absences nationality through a birth certificate of a suggestion designed to guide between the last pre-December 2, 1995, that has been certified by the issuing applicants in judging the amount of date on which the applicant governmental authority in accordance documentation to submit. An commenced physical presence and the with 8 CFR 287.6(b). All applicants are required to meet adjudicator who is otherwise satisfied date on which the application is the proof of official records could always accept less frequent approved count toward the 180-day requirements set forth in 8 CFR 287.6 documentation as evidence of maximum, with the exception of those which, with regard to all documents continuity of physical presence. periods for which time is tolled submitted in support of this and other Likewise, an adjudicator who has pursuant to § 245.13(o). applications, requires either an official doubts about the alien’s claim of 5. Local Police Clearance Requirements publication of the record, or a copy continuity could request additional, and attested to by an authorized official. more frequent, documentation. Several commenters were concerned However, it should be noted that the about the requirement that applicants However, the Department has Service regulation at 8 CFR 103.2(b) for adjustment under NACARA submit determined that the guideline, which permits submission of secondary local police clearances, finding it had been intended to ease the burden on evidence and photocopies of documents burdensome at best, and impossible to applicants by assisting them in gauging under certain circumstances. how much documentation to submit, meet at worst. Some wanted the might instead become a hindrance and provision modified to allow for 7. Fee for Fingerprinting Services may result in some applicants believing statewide (instead of local) clearances, One commenter requested that the that without a certain minimum amount others wanted it waived for minors or regulation clarify whether the applicant of documentation they are ineligible to where the applicant’s local police must pay an additional $25 fee for apply for or receive the benefit of department refuses to issue a clearance; fingerprinting, in addition to the regular adjustment of status under NACARA. still others wanted it dropped entirely. fee for filing an application for Accordingly, the Department is Although there is considerable value adjustment of status. Each applicant removing the guideline from the in obtaining local police clearances in who is 14 years of age or older must be regulation, and applicants should addition to the nationwide fingerprint fingerprinted and must pay the simply submit sufficient documentation clearance, for certain individuals fingerprinting fee at the time of filing to satisfy the adjudicating officer or obtaining such local clearances may be the application for adjustment. The immigration judge that they have extremely difficult or impossible regulation has been clarified in this maintained continuous presence in the through no fault of the individual. regard. United States within the meaning of Accordingly, the final regulation is NACARA. being modified to allow the director or 8. Employment Authorization As with evidence of commencement, immigration judge having jurisdiction The Department received a number of some commenters believed that the over the application to waive the local comments on the employment fraud risk relating to continuity of police clearance. This waiver will be authorization issuance process. As set presence was no greater than in other available upon presentation of a letter or forth in the interim regulation, the applications, and that the Service’s similar documentation from the local current process involves the Service’s existing resources were sufficient to police agencies involved showing that issuing employment authorization on an detect and deter fraud. Others felt that the applicant attempted to obtain such expedited basis to those applicants the potential for fraud in adjustment of clearance but was unable to do so whose application is supported by status under NACARA is quite high, and because of local or State policy. evidence that may be verified through that the regulation should be carefully Additionally, for persons who live, or existing Service records. Other drafted in order to combat such fraud. have lived, in locations where the local applicants must wait up to 180 days (the The Department takes a very serious authorities have made a blanket maximum timeframe allowed under the view of the potential for fraud involved decision not to issue such clearances for statute) while the Service adjudicates in applications for adjustment of status immigration purposes, the regulation is the application for adjustment of status. under section 202 of NACARA, and being modified to provide a general A number of commenters, citing the finds that regardless of whether or not exemption from the local police potential hardship to applicants, wanted the fraud potential is greater than that clearance requirement insofar as it the Service to issue employment pertaining to other applications, there is relates to time periods when the authorization to all applicants certainly no reason to decrease the applicant resided in that locale. One immediately upon filing; one, citing the

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Upon was paroled and thereafter his case shall examination of all the comments, the continue to be dealt with in the same manner when parole is terminated the alien is Department has concluded that the as that of any other applicant for admission returned to the custody of the Service process set forth in the interim to the United States. and is treated as any other applicant for regulation provides the best balance (B) The Attorney General may not parole admission. Under existing statutory and between deterring fraud by mala fide into the United States an alien who is a regulatory provisions, the district applicants and alleviating financial refugee unless the Attorney General director then has the option of placing hardship for bona fide applicants. determines that compelling reasons in the the alien into removal proceedings, public interest with respect to that particular admitting the alien (if he or she is Accordingly, no changes are being made alien require that the alien be paroled into with regard to the work authorization the United States rather than be admitted as admissible), or reparoling the alien. If issue. a refugee under section 207. the decision is to admit or reparole the Some commenters pointed out the alien, the district director may require The Attorney General has delegated apparent conflict between the statement that certain conditions be met, her authority to authorize parole to the including the posting of an appropriate in the interim rule’s supplementary Commissioner of the Immigration and information that the Department ‘‘will bond. See 8 CFR §§ 212.5(c)(1), Naturalization Service. In the case of an 214.1(a)(3). authorize employment for applicants alien who is seeking parole from outside whose cases have been pending for the United States, that authority is 10. Jurisdictional Issues Between the fewer than 180 days only if the normally redelegated to the Director of Service and the Executive Office for applicant applies for work authorization the INS Office of International Affairs Immigration Review (EOIR) and adjustment at the same time,’’ and and to the overseas district director One commenter suggested that the the lack of such concurrent filing having jurisdiction over the area in requirement in § 245.13(j)(2). The regulation be modified to allow an alien which the alien is located. The effect of whose application for adjustment is Department has decided not to require the May 21, 1998, regulation was to that an applicant file concurrently in denied by the Service to renew his or expand the list of persons to whom this her application in proceedings before order to benefit from the more expedited authority has been re-delegated to of the two procedures. Accordingly, the the Immigration Court regardless of include the Director of the TSC for whether the proceedings occur before or language in the interim regulation will NACARA-related parole requests only. not be changed. after the March 31, 2000, expiration date There have been no changes in the of the NACARA program. Although 9. Travel and Parole Issues process for requesting, the standards for section 202(a)(1)(A) of NACARA adjudicating, or the statutory authority Several commenters expressed provides that applications for for issuing parole. Parole determinations concern about the provisions in the adjustment must be filed by March 31, will still be made on a case-by-case interim regulation that allow the 2000, section 202(e) of NACARA also basis, and the applicant for parole will Director of the Texas Service Center provides that applicants for adjustment still have to establish that urgent (TSC) to authorize parole for aliens of status shall have the same right to, humanitarian reasons or significant outside the United States. One and procedures for, administrative public benefits exist. If the evidence questioned the authority of the Attorney review as are provided to other shows that the positive factors (such as General (acting through the Director of applicants for adjustment under section the desirability of reuniting a family or the TSC) to authorize parole under these 245 of the Act, or aliens subject to allowing an otherwise-eligible alien to circumstances; a second did not want removal proceedings under section 240 participate in this special adjustment of the Director of the TSC to authorize any of the Act. The Department interprets status program which Congress has paroles for persons to come to the the deadline in section 202(a)(1)(A) of established) are outweighed by negative NACARA as relating only to the initial United States; a third wanted the discretionary factors, the parole request application for adjustment and not to regulation to eliminate, or at least to will be denied as a matter of discretion. any renewed application in removal restrict greatly the Director of the TSC’s Minor changes have been made in the proceedings following a denial of the ability to authorize parole; and a fourth regulation at § 245.13(k) to clarify this initial application by the Service, sought assurance that the Service would point. provided that initial application was use a ‘‘tighter screening mechanism’’ to One commenter did not want the properly filed. The regulation is being prevent abuse. Department to issue parole modified accordingly. An explanation of the parole process, authorization to any alien who returned Another commenter contended that and how it relates to the NACARA to his or her home country during any all initial applications must be filed adjustment program, may help to clarify portion of the 180 days of absence from before the Service, and that EOIR only the Service’s approach. The authority to the United States permitted by section has appellate jurisdiction. The authorize parole into the United States 202(b)(1) of NACARA. Although the Department does not agree. The is contained in section 212(d)(5) of the suggestion might be appropriate if authority to adjudicate applications for Act, which states: NACARA were to require the applicant adjustment of status under section 202 (5)(A) The Attorney General may, except as to establish, for example, that he or she of NACARA rests with the Attorney provided in subparagraph (B) or in section would risk persecution or extreme General. It is well within her authority 214(f), in his discretion parole into the hardship if he or she went home, there to assign initial jurisdiction over the United States temporarily under such applications to the Service (for those conditions as he may prescribe only on a is no such requirement, and the case-by-case basis for urgent humanitarian commenter’s suggestion will not be aliens who are not in removal reasons or significant public benefit any alien adopted. proceedings) and to the Immigration applying for admission to the United States, One commenter felt that if the Service Court (for those aliens who are in such but such parole of such alien shall not be revoked the alien’s parole, the proceedings), and to provide that the regarded as an admission of the alien and regulation should either require the Board of Immigration Appeals has

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Waiver of Interviews One commenter suggested that aliens nor the Board may issue an order of in proceedings before the Immigration The Department received a wide exclusion, deportation, or removal Court be afforded the option of applying range of comments regarding waiver of unless and until the application for for adjustment before either the Service interviews. One commenter stated that adjustment is denied. The alien does not or the Immigration Court. Section all applicants should be interviewed; a need to file any request, motion, or 245.13(d)(3) already provides an alien in second wanted fewer restrictions on the other form beyond the application for proceedings with a mechanism by types of interviews the Director of the adjustment itself in order to benefit from which he or she may request TSC can waive; and a third wanted the this automatic protection. administrative closure of such Service to waive interviews for all There is no such automatic protection proceedings for the purpose of seeking children under age 14. It is important to with regard to an alien who became the adjustment of status under section 202 remember that the Service does not subject of a final order of exclusion, of NACARA before the Service. waive interviews in order to avoid work deportation, or removal prior to his or One commenter suggested that aliens for itself or inconvenience to the her filing the application for adjustment whose requests for administrative applicant, but rather because doing so under section 202 of NACARA. If the closure are granted be required to apply enables it to concentrate its limited alien wishes to receive protection from for adjustment before the Service within resources on those cases most the enforcement of an existing order of a fixed number of days of the granting warranting interview. The Department exclusion, deportation, or removal, he of administrative closure. The believes this can be best accomplished or she must ‘‘seek a stay of such order.’’ Department considered this approach by giving the Director of the TSC the The process for seeking a stay of when drafting the interim regulation, authority to waive interviews only in removal is to file Form I–246, but concluded that the difficulties those cases that, first, are supported by Application for Stay of Removal, and inherent in administering it would far evidence of commencement of physical pay the required fee, through the local exceed any benefits. presence that can be verified through Service office. It must be noted that the Finally, one commenter suggested Service records; second, have no filing of Form I–246 is not a prerequisite that for those cases which are referred unresolved questions about the to applying for, or being granted, to an immigration judge on a Form I– applicant’s eligibility; and third, do not benefits under section 202 of NACARA; 290C, Notice of Certification, for a require a waiver of inadmissibility. the decision to seek a stay of removal is ‘‘NACARA-only hearing’’ because the Accordingly, no changes will be made strictly up to the alien. Accordingly, no applicant had already been subject to an in the regulation in this regard. change will be made to the regulation order of exclusion, deportation, or regarding the process for seeking a stay removal at the time the application was 13. Stay of Removal of removal. However, the Department filed, the ‘‘NACARA-only hearing’’ A number of commenters felt that the does see a need for guidelines on the should be conducted under the same Service should either grant stays of adjudication of such request for stay of rules of procedure as the proceeding in removal to all applicants for adjustment removal. Accordingly, the regulation is which the alien received the order of of status under section 202 of NACARA being modified to reflect that, absent exclusion, deportation, or removal. (i.e., without fee or application), or significant negative discretionary Under this suggestion, an alien who was require the application but waive the factors, if an alien files Form I–246, pays placed in exclusion or deportation fee. Most of those who expressed the the fee, and submits evidence of the proceedings prior to the enactment of former view cited subsections 202(c)(1) filing of an application for adjustment of IIRIRA would not be subject to the post- and (2) of NACARA in support of their status under section 202 of NACARA, IIRIRA Immigration Court procedures. view. However, those subsections read: execution of the order of exclusion, The Department does not agree with this (1) IN GENERAL—The Attorney General deportation, or removal shall be stayed suggestion, since the ‘‘NACARA-only shall provide by regulation for an alien until a decision is reached on the hearing’’ is a new proceeding, not a subject to a final order of deportation or application for adjustment of status. reopening of the old exclusion or removal to seek a stay of such order based 14. Typographical Errors, Technical deportation proceeding. on the filing of an application under subsection (a). Corrections and Stylistic Changes 11. Compliance With the Unfunded (2) DURING CERTAIN PROCEEDINGS— One commenter pointed out that the Mandates Reform Act of 1995 Notwithstanding any provision of the regulation, as published in the Federal One commenter suggested that the Immigration and Nationality Act, the Register on May 21, 1998, contained a interim rule implicated the Unfunded Attorney General shall not order any alien to typographical error in 8 CFR be removed from the United States, if the Mandates Reform Act of 1995. The alien is in exclusion, deportation, or removal 245.13(e)(2) wherein ‘‘1997’’ was typed interim rule merely implements a proceedings under any provision of such Act instead of ‘‘1995’’. The May 21, 1998, statutory provision providing and has applied for adjustment of status version also contained the typographic permanent residency for certain under subsection (a), except where the error ‘‘Untied’’ instead of ‘‘United’’ in qualified aliens. Neither the statute nor Attorney General has rendered a final § 245.13(e)(12). These errors are being the interim rule mandates a State or administrative determination to deny the corrected. It should also be noted that local jurisdiction to provide any application. [Emphasis Added] on June 29, 1998, and again on July 21, services not already provided to aliens Taken together, these two subsections 1998, the Federal Register published who adjust their status to that of lawful clearly indicate that Congress intended notices correcting two other permanent resident under other that, with regard to any alien who is the typographical errors in the May 21 provisions of immigration law. The beneficiary of a properly-filed version. The first notice corrected the Department has no reason to believe application for adjustment of status first sentence of the segment of the that the implementation of section 202 under section 202 of NACARA and who supplementary information entitled

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‘‘What Happens if an Application is request for parole authorization. This considered to have filed a timely Denied by the Immigration Court?’’ to oversight has been corrected by making NACARA adjustment application. read: ‘‘If the Immigration Court denies slight modifications to §§ 212.2 and Good Cause Exception the NACARA adjustment application of 212.7. These modifications will allow an alien in exclusion, deportation, or such applicants to file Forms I–212 and The Department’s implementation of removal proceedings before the I–601 with the Director of the TSC this final rule effective upon publication Immigration Court, the decision may be concurrently with the Form I–131. in the Federal Register is based upon appealed to the Board along with and Finally, it has come to the the ‘‘good cause’’ exception found at 5 under the same procedures as all other Department’s attention that the U.S.C. 553(d)(3). By statute, all issues before the Immigration Court in application of current regulations (8 NACARA adjustment applicants must those proceedings.’’ The second notice CFR § 103.2(a)(7)) and practice to file their applications before April 1, corrected the reference in § 240.41 to NACARA applications filed with fee 2000. Immediate implementation of this read ‘‘Public Law 105–100’’ instead of waiver requests may inadvertently final rule is necessary to ensure that ‘‘Pub L. 100’’; it also corrected the result in certain applicants later being NACARA applicants are able to avail amendatory language for the appropriate deemed to have missed the application themselves of the modifications made in phrase in § 274a.13(d) to read deadline due to no fault on the part of this final rule as soon as possible before ‘‘§ 274a.12(c)(8), which is governed by the applicant. Currently an application the end of the application period. paragraph (a)(2) of this section, and submitted with a fee waiver request is Accordingly, delaying the effective date § 274a.12(c)(9) insofar as it is governed not considered properly filed and does of this final rule for 30 days would be by § 245.13(j) of this chapter.’’ not retain a receipt date until the fee contrary to the public interest. A second commenter requested that waiver is granted. In cases where a fee the Department incorporate into the waiver is denied, the application is Regulatory Flexibility Act regulation a number of issues that were returned to the applicant with In accordance with 5 U.S.C. 605(b), discussed in the supplementary instructions to resubmit the application the Attorney General certifies that this information. In particular, the with the appropriate fee at which time rule does not have a significant adverse commenter wanted the Department to the application will be considered economic impact on a substantial include in the regulation provisions properly filed and will be assigned a number of small entities. This rule specifying the procedure and language receipt date. Thus, under current allows certain Nicaraguan and Cuban used by the Service to notify an alien regulations and practice were the nationals to apply for adjustment of whose application has been approved of Service or Immigration Court to deny a status; it has no effect on small entities the delivery of the Permanent Residence request for a waiver of the NACARA as that term is defined in 5 U.S.C. Card and the process for obtaining application fee after March 31, 2000, 601(6). temporary evidence of alien registration. and return the application, the alien The commenter also wanted the could not file another application with Executive Order 12866 Department to include in the regulation the fee because the filing deadline This rule is considered by the provisions specifying the procedure and would have already passed. Given the Department of Justice to be a language used by the Service to notify statutorily mandated filing deadline of ‘‘significant regulatory action’’ under an alien whose application has been March 31, 2000, the Department Executive Order 12866, section 3(f), denied of the Service’s decision and the believes that it would be appropriate to Regulatory Planning and Review. right to renew the application for modify the regulations with respect to Accordingly, this regulation has been adjustment in proceedings before an this group of cases to avoid a potentially submitted to the Office of Management immigration judge. Finally, the harsh and irreversible result. and Budget for review. commenter requested that the regulation Accordingly, the regulations are being Executive Order 13132 contain more specificity regarding the amended to afford an applicant whose process by which the Board may NACARA fee waiver request is denied This regulation will not have remand a case to the immigration judge. the opportunity to submit the required substantial direct effects on the States, Several of these suggestions have been fee within 30 days of notice that the fee on the relationship between the adopted, especially where needed for waiver request was denied and thereby National Government and the States, or purposes of clarity. Other suggestions maintain a timely filing date. on the distribution of power and pertained to matters that are standard to In addition, in a case over which the responsibilities among the various the adjudication process and are either Board has jurisdiction, an application levels of government. Therefore, in already covered elsewhere in the received by the Board before April 1, accordance with section 6 of Executive regulation or are so basic as to not 2000, that has been properly signed and Order 13132, it is determined that this warrant special coverage in this executed is considered to be filed before rule does not have sufficient federalism particular section of the regulation. the statutory deadline without payment implications to warrant the preparation Additionally, the Department has of the fee or submission of a fee waiver of a federalism summary impact noted that in the interim regulation request. Upon remand by the Board, the statement. published on May 21, 1998, it failed to payment of the fee or a request for a fee provide a mechanism whereby persons waiver is made upon submission of the Small Business Regulatory Enforcement outside the United States who are application to the Immigration Court in Fairness Act of 1996 seeking parole authorization pursuant to accordance with 8 CFR 240.11(f). The This rule is not a major rule as § 245.13(k)(2) and who must file either regulations are being amended to afford defined by section 251 of the Small an Application for Permission to an applicant whose NACARA Business Regulatory Enforcement Act of Reapply for Admission to the United adjustment fee waiver request is denied 1996. This rule will not result in an States After Deportation or Removal the opportunity to submit the required annual effect on the economy of $100 (Form I–212) or an Application for fee within 30 days of the notice that the million or more; a major increase in Waiver of Grounds of Excludability fee waiver request was denied. If the costs or prices; or significant adverse (Form I–601) could file such required fee is not paid within 30 days, effects on competition, employment, applications concurrently with the the applicant will no longer be investment, productivity, innovation, or

VerDate 202000 17:05 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\24MRR1.SGM pfrm01 PsN: 24MRR1 15854 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations on the ability of United States-based 8 CFR Part 299 (b) * * * companies to compete with foreign- Immigration, Reporting and (2) * * * (v) The Texas Service Center if the based companies in domestic and recordkeeping requirements. export markets. alien is outside the United States and is Accordingly, the interim rule seeking parole authorization under Executive Order 12988 amending 8 CFR Parts 3, 240, 245, 274a, § 245.13(k)(2) of this chapter. and 299, which was published at 63 FR * * * * * This rule meets the applicable 27823 on May 21, 1998, is adopted as standards set forth in sections 3(a) and a final rule with the following changes, 3(b)(2) of Executive Order 12988. PART 245ÐADJUSTMENT OF STATUS and part 212 is amended as follows: TO THAT OF PERSON ADMITTED FOR Unfunded Mandates Reform Act of PERMANENT RESIDENCE 1995 PART 212ÐDOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; 4. The authority citation for part 245 This rule will not result in the WAIVERS; ADMISSION OF CERTAIN continues to read as follows: expenditure by State, local, and tribal INADMISSIBLE ALIENS; PAROLE governments, in the aggregate, or by the Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L. 105–100, 111 Stat. 2160, private sector, of $100 million or more 1. The authority citation for part 212 continues to read as follows: 2193; sec. 902, Pub. L. 105–277, 112 Stat. in any 1 year, and will not significantly 2681; 8 CFR part 2. or uniquely affect small governments. Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 5. Section 245.13 is amended by: Therefore, no actions were deemed 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 a. Revising paragraph (d)(2); necessary under the provisions of the CFR part 2. b. Adding a sentence at the end of Unfunded Mandates Reform Act of 2. Section 212.2(g)(3) is amended by: paragraph (d)(5)(i); 1995. a. Removing the reference to c. Revising paragraph (e); ‘‘§ 245.15(l)’’ and adding in its place d. Adding five new sentences Paperwork Reduction Act ‘‘§ 245.15(t)(2)’’, and by immediately before the last sentence in The information collection b. Adding a new sentence at the end paragraph (g); requirement contained in this rule of the paragraph to read as follows: e. Revising the last sentence in (Form I–485 Supplement B) has been § 212.2 Consent to reapply for admission paragraph (j)(1); revised. Accordingly, it has been after deportation, removal, or departure at f. Revising the last sentence in submitted and approved by the Office of Government expense. paragraph (k)(1); Management and Budget (OMB) in g. Adding a sentence at the end of * * * * * paragraph (k)(2); accordance with the Paperwork (g) * * * Reduction Act. The changes to the form (3) * * * If an alien who is an h. Adding a new sentence are effective with the issuance of this applicant for parole authorization under immediately after the first sentence in rule. § 245.13(k)(2) of this chapter requires paragraph (l); i. Revising the first sentence in the consent to reapply for admission after Plain Language in Government Writing introductory text in paragraph (m); and deportation, removal, or departure at The President’s June 1, 1998, by Government expense, or a waiver under j. Revising paragraphs (m)(1) and Memorandum published at 63 FR section 212(g), 212(h), or 212(i) of the (m)(2), to read as follows: 31885, concerning Plain Language in Act, he or she may file the requisite Government Writing, applies to this Form I–212 or Form I–601 at the Texas § 245.13 Adjustment of status of certain proposed rule. Service Center concurrently with the nationals of Nicaragua and Cuba under Public Law 105±100. List of Subjects Form I–131, Application for Travel Document. * * * * * 8 CFR Part 3 * * * * * (d) * * * (2) Proceedings pending before the Administrative practice and 3. Section 212.7 is amended by: Board of Immigration Appeals. Except procedure, Immigration, Organization a. Adding a new paragraph (a)(1)(iv); b. Removing the word ‘‘or’’ at the end as provided in paragraph (d)(3) of this and functions (Government agencies) section, in cases where a motion to of paragraph (b)(2)(iii); 8 CFR Part 212 c. Removing the period at the end of reopen or motion to reconsider filed paragraph (b)(2)(iv) and adding in its with the Board on or before May 21, Administrative practice and 1998, or an appeal, is pending, the procedure, Aliens, Passports and visas, place a ‘‘; or’’; and by d. Adding a new paragraph (b)(2)(v), Board shall remand, or reopen and Immigration, Reporting and to read as follows: remand, the proceedings to the recordkeeping requirements. Immigration Court for the sole purpose 8 CFR Part 240 § 212.7 Waiver of certain grounds of of adjudicating an application for excludability. adjustment of status under section 202 Administrative practice and (a) * * * of Public Law 105–100, unless the alien procedure, Aliens, Immigration. (1) * * * is clearly ineligible for adjustment of (iv) Parole authorization applicant status under section 202 of Public Law 8 CFR Part 245 under § 245.13(k)(2) of this chapter. An 105–100. If the immigration judge Aliens, Immigration, Reporting and applicant for parole authorization under denies, or the alien fails to file, the recordkeeping requirements. § 245.13(k)(2) of this chapter who is application for adjustment of status inadmissible and seeks a waiver under under section 202 of Public Law 105– 8 CFR Part 274a section 212(h) or (i) of the Act must file 100, the immigration judge shall certify Administrative practice and an application on Form I–601 with the the decision to the Board for procedure, Aliens, Employment, Director of the Texas Service Center consideration in conjunction with the Penalties, Reporting and recordkeeping adjudicating the Form I–131. previously pending appeal or motion. requirements. * * * * * * * * * *

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(5) * * * Service on or before December 1, 1995, (vii) Credit card statements showing (i) With the Service. * * * Absent and that lists the applicant as being the dates of purchase, payment, or other evidence of the applicant’s statutory physically present in the United States; transaction; ineligibility for adjustment of status (v) A certified copy of a Federal, State, (viii) Certified copies of records under section 202 of Public Law 105– or local governmental record that was maintained by organizations chartered 100 or significant negative discretionary created on or prior to December 1, 1995, by the government, such as public factors, a Form I–246 filed by a bona shows that the applicant was present in utilities, accredited private and fide applicant for adjustment under the United States at the time, and parochial schools, and banks; section 202 of Public Law 105–100 shall establishes that the applicant sought on (ix) If the applicant establishes that a be approved, and the removal of the his or her own behalf, or some other family unit was in existence and applicant shall be stayed until such time party sought on the applicant’s behalf, cohabiting in the United States, as the application for adjustment has a benefit from the Federal, State, or local documents evidencing the physical been adjudicated in accordance with governmental agency keeping such presence in the United States of another this section. record; member of that same family unit; and * * * * * (vi) A certified copy of a Federal, (x) If the applicant has had (e) Application and supporting State, or local governmental record that correspondence or other interaction documents. Each applicant for was created on or prior to December 1, with the Service, a list of the types and adjustment of status must file a Form I– 1995, shows that the applicant was dates of such correspondence or other 485, Application to Register Permanent present in the United States at the time, contact that the applicant knows to be Residence or Adjust Status. An and establishes that the applicant contained or reflected in Service applicant should complete Part 2 of submitted an income tax return, records; Form I–485 by checking box ‘‘h—other’’ property tax payment, or similar (5) A copy of the applicant’s birth and writing ‘‘NACARA—Principal’’ or submission or payment to the Federal, certificate; ‘‘NACARA—Dependent’’ next to that State, or local governmental agency (6) If the applicant is between 14 and block. Each application must be keeping such record; or 79 years of age, a completed Biographic accompanied by: (vii) In the case of an applicant who, Information Sheet (Form G–325A); (1) The fee prescribed in § 103.7(b)(1) while under the age of 21, attended a (7) A report of medical examination, of this chapter; private or religious school in the United as specified in § 245.5; (2) If the applicant is 14 years of age States on or prior to December 1, 1995, (8) Two photographs, as described in or older, the fee for fingerprinting a transcript from such private or the instructions to Form I–485; prescribed in § 103.7(b)(1) of this religious school, provided that the (9) If the applicant is 14 years of age chapter; school: or older, a police clearance from each (3) Evidence of commencement of (A) Is registered with, approved by, or municipality where the alien has physical presence in the United States licensed by, appropriate State or local resided for 6 months or longer since at any time on or before December 1, authorities; arriving in the United States. If there are (B) Is accredited by the State or 1995. Such evidence may relate to any multiple local law enforcement agencies regional accrediting body, or by the time at or after entry and may consist of (e.g., city police and county sheriff) with appropriate private school association; either: jurisdiction over the alien’s residence, (i) Documentation evidencing one or or (C) Maintains enrollment records in the applicant may obtain a clearance more of the activities specified in from either agency. If the applicant section 202(b)(2)(A) of Public Law 105– accordance with State or local requirements or standards; resides or resided in a State where the 100; State Police maintain a compilation of (ii) A copy of the Form I–94, Record (4) Evidence of continuity of physical all local arrests and convictions, a of Arrival and Departure, issued to the presence in the United States since the statewide clearance is sufficient. If the applicant at the time of his or her last date on or prior to December 1, applicant presents a letter from the local inspection and admission or parole; 1995, on which the applicant (iii) Other documentation issued by a established commencement of physical police agencies involved, or other Federal, State, or local authority presence in the United States. Such evidence, to the effect that the applicant provided such other documentation documentation may have been issued by attempted to obtain such clearance but bears the signature, seal, or other any governmental or nongovernmental was unable to do so because of local or authenticating instrument of such authority, provided such evidence bears State policy, the director or immigration authority (if the document normally the name of the applicant, was dated at judge having jurisdiction over the bears such instrument), was dated at the the time it was issued, and bears the application may waive the local police time of issuance, and bears a date of signature, seal, or other authenticating clearance. Furthermore, if such local issuance not later than December 1, instrument of the issuing authority or its police agency has provided the Service 1995. Examples of such other authorized representative, if the or the Immigration Court with a blanket documentation include, but are not document would normally contain such statement that issuance of such police limited to: authenticating instrument. Such clearance is against local or state policy, (A) A State driver’s license; documentation may include, but is not the director or immigration judge having (B) A State identification card issued limited to: jurisdiction over the case may waive the in lieu of a driver’s license to a (i) School records; local police clearance requirement nondriver; (ii) Rental receipts; regardless of whether the applicant (C) A county or municipal hospital (iii) Utility bill receipts; individually submits a letter from that record; (iv) Any other dated receipts; local police agency; (D) A public college or public school (v) Personal checks written by the (10) If the applicant is applying as the transcript; and applicant bearing a dated bank spouse of another Public Law 105–100 (E) Income tax records; cancellation stamp; beneficiary, a copy of their certificate of (iv) A copy of a petition on behalf of (vi) Employment records, including marriage and copies of documents the applicant that was submitted to the pay stubs; showing the legal termination of all

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If a request for a fee waiver is and who had not previously been biological mother, copies of evidence denied, the applicaion shall be placed in exclusion, deportation, or (such as the applicant’s parent’s considered as having been properly removal proceedings, initiate removal marriage certificate and documents filed with the Immigration Court before proceedings in accordance with § 239.1 showing the legal termination of all the statutory deadline provided that the of this chapter, during which the alien other marriages, an adoption decree, or applicant submits the required fee may renew his or her application for other relevant evidence) to demonstrate within 30 days of the date of any notice adjustment of status under section 202 the relationship between the applicant that the fee waiver request has been of Public Law 105–100. Such renewed and the other beneficiary; denied.*** application may be filed with the (12) A copy of the Form I–94, Arrival- (j) * * * Immigration Court before, on, or after (1) Application. * * * The applicant Departure Record, issued at the time of March 31, 2000, provided the initial may submit Form I–765 concurrently the applicant’s arrival in the United application was properly filed with the with, or subsequent to, the filing of the States, if the alien was inspected and Service on or before March 31, 2000; or admitted or paroled; and Form I–485. (13) If the applicant has departed from * * * * * (2) In the case of an alien whose and returned to the United States since (k) * * * previously initiated exclusion, December 1, 1995, an attachment on a (1) Travel from and return to the deportation, or removal proceeding had plain piece of paper showing: United States while the application for been administratively closed or (i) The date of the applicant’s last adjustment of status is pending. *** continued indefinitely under paragraph arrival in the United States before or on Unless the applicant files an advance (d)(3) of this section, advise the December 1, 1995; parole request prior to departing from Immigration Court that had (ii) The date of each departure from the United States, and the Service administratively closed the proceeding, the United States since that arrival; approves such request, his or her or the Board, as appropriate, of the (iii) The reason for each departure; application for adjustment of status denial of the application. The and under section 202 of Public Law 105– Immigration Court or the Board will (iv) The date, manner, and place of 100 is deemed to be abandoned as of the then recalendar or reinstate the prior each return to the United States. moment of his or her departure. Parole exclusion, deportation, or removal * * * * * may only be authorized pursuant to the proceeding, during which proceeding (g) Filing. * * * All applications must authority contained in, and the the alien may renew his or her be accompanied by either the correct fee standards prescribed in, section application for adjustment under as specified in § 103.7(b)(1) of this 212(d)(5) of the Act. section 202 of Public Law 105–100. chapter; or a request for a fee waiver in (2) Parole authorization for the Such renewed application may be filed accordance with § 103.7(c) of this purpose of filing an application for with the Immigration Court before, on, chapter. An application received by the adjustment of status under section 202 or after March 31, 2000, provided the Service or Immigration Court before of Public Law 105–100. * * * Parole initial application was properly filed April 1, 2000, that has been properly may only be authorized pursuant to the with the Service on or before March 31, signed and executed and for which a authority contained in, and the 2000; or waiver of the filing fee has been standards prescribed in, section * * * * * requested shall be regarded as having 212(d)(5) of the Act. been filed before the statutory deadline * * * * * PART 299ÐIMMIGRATION FORMS regardless of whether the fee waiver (l) Approval. * * * The director shall request is denied provided that the also advise the alien regarding the 6. The authority citation for part 299 applicant submits the required fee delivery of his or her Permanent continues to read as follows: within 30 days of the date of any notice Resident Card and of the process for Authority: 8 U.S.C. 1101, 1103; 8 CFR part that the fee waiver request has been obtaining temporary evidence of alien 2. denied. In a case over which the Board registration.*** 7. Section 299.1 is amended in the has jurisdiction, an application received (m) Denial and review of decision. If table by revising the entry for Form ‘‘I– by the Board before April 1, 2000, that the director denies the application for 485 Supplement B’’ to read as follows: has been properly signed and executed adjustment of status under the shall be considered filed before the provisions of section 202 of Public Law § 299.1 Prescribed forms. statutory deadline without payment of 105–100, the director shall notify the * * * * *

Form No. Edition date Title

***** I±485 Supplement B ...... 12±01±99 NACARA Supplement to Form I±485 Instructions.

*****

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Dated: March 15, 2000. France, recently notified the FAA that after April 30, 2000, and this AD must Janet Reno, an unsafe condition may exist on be issued immediately. Attorney General. Eurocopter France Model SA330F, Since a situation exists that requires [FR Doc. 00–7205 Filed 3–21–00; 3:47 pm] SA330G, SA330J, AS332C, AS332L, the immediate adoption of this BILLING CODE 4410±10±P AS332L1, and AS332L2 helicopters. regulation, it is found that notice and The DGAC advises withdrawing tail opportunity for prior public comment rotor blades, part numbers (P/N) hereon are impracticable, and that good DEPARTMENT OF TRANSPORTATION 332A12–0010, –0020, –0030, –0035, and cause exists for making this amendment –0045, and all dash numbers of these P/ effective in less than 30 days. Federal Aviation Administration N, from service by March 31, 2000, due The FAA estimates that 7 helicopters to an accident caused by a lightning will be affected by this AD, that it will 14 CFR Part 39 strike on a tail rotor blade, P/N 332A– take approximately 2 work hours to 12–0010, fitted on an AS332 helicopter. accomplish removing and replacing the [Docket No. 2000±SW±06±AD; Amendment 39±11645; AD 2000±06±05] Eurocopter France has issued Service tail rotor blades, and that the average Bulletins 01.57 for the Models SA330 labor rate is $60 per work hour. RIN 2120±AA64 and 01.00.59 for the Models AS332, Required parts will cost approximately both dated November 23, 1999, which $150,000 per helicopter. Based on these Airworthiness Directives; Eurocopter specify withdrawing tail rotor blades, P/ figures, the total cost impact of the AD France Model SA330F, SA330G, N 332A12–0010, –0020, –0030, –0035, on U.S. operators is estimated to be SA330J, AS332C, AS332L, AS332L1, –0045, and all dash numbers of these P/ $1,050,840 to replace the tail rotor and AS332L2 N, from service. The DGAC classified blades on the entire fleet. these service bulletins as mandatory and AGENCY: Federal Aviation Comments Invited Administration, DOT. issued AD’s 2000–002–081(A) and 2000–003–075(A), both dated January Although this action is in the form of ACTION: Final rule; request for 12, 2000, to ensure the continued a final rule that involves requirements comments. airworthiness of these helicopters in affecting flight safety and, thus, was not SUMMARY: This amendment adopts a France. preceded by notice and an opportunity new airworthiness directive (AD) These helicopter models are for public comment, comments are applicable to Eurocopter France Model manufactured in France and are type invited on this rule. Interested persons SA330F, SA330G, SA330J, AS332C, certificated for operation in the United are invited to comment on this rule by AS332L, AS332L1, and AS332L2 States under the provisions of section submitting such written data, views, or helicopters. This action requires 21.29 of the Federal Aviation arguments as they may desire. replacing certain tail rotor blades before Regulations (14 CFR 21.29) and the Communications should identify the further flight after April 30, 2000. This applicable bilateral airworthiness Rules Docket number and be submitted amendment is prompted by loss of agreement. Pursuant to this bilateral in triplicate to the address specified control of a helicopter due to a lightning airworthiness agreement, the DGAC has under the caption ADDRESSES. All strike on a tail rotor blade. This kept the FAA informed of the situation communications received on or before condition, if not corrected, could result described above. The FAA has the closing date for comments will be in loss of a tail rotor blade and examined the findings of the DGAC, considered, and this rule may be subsequent loss of control of the reviewed all available information, and amended in light of the comments helicopter. determined that AD action is necessary received. Factual information that for products of these type designs that supports the commenter’s ideas and DATES: Effective April 10, 2000. are certificated for operation in the suggestions is extremely helpful in Comments for inclusion in the Rules United States. evaluating the effectiveness of the AD Docket must be received on or before action and determining whether May 23, 2000. Since an unsafe condition has been identified that is likely to exist or additional rulemaking action would be ADDRESSES: Submit comments in develop on other Eurocopter France needed. triplicate to the Federal Aviation Model SA330F, SA330G, SA330J, Comments are specifically invited on Administration (FAA), Office of the AS332C, AS332L, AS332L1, and the overall regulatory, economic, Regional Counsel, Southwest Region, AS332L2 helicopters of the same type environmental, and energy aspects of Attention: Rules Docket No. 2000–SW– designs registered in the United States, the rule that might suggest a need to 06–AD, 2601 Meacham Blvd., Room this AD is being issued to prevent modify the rule. All comments 663, Fort Worth, Texas 76137. failure of a tail rotor blade due to a submitted will be available, both before The service information referenced in lightning strike. This AD requires and after the closing date for comments, this AD may be obtained from American removing from service any tail rotor in the Rules Docket for examination by Eurocopter Corporation, 2701 Forum blade, P/N 332A–12–0010, –0020, interested persons. A report that Drive, Grand Prairie, Texas 75053–4005, –0030, –0035, and –0045, and all dash summarizes each FAA-public contact telephone (972) 641–3460, fax (972) numbers of these P/N. The actions are concerned with the substance of this AD 641–3527. required to be accomplished in will be filed in the Rules Docket. FOR FURTHER INFORMATION CONTACT: Jim accordance with the service bulletins Commenters wishing the FAA to Grigg, Aerospace Engineer, FAA, described previously. The short acknowledge receipt of their comments Rotorcraft Directorate, Regulations compliance time involved is required submitted in response to this rule must Group, Fort Worth, Texas 76193–0111, because the previously described submit a self-addressed, stamped telephone (817) 222–5490, fax (817) critical unsafe condition can adversely postcard on which the following 222–5961. affect the controllability and structural statement is made: ‘‘Comments to SUPPLEMENTARY INFORMATION: The integrity of the helicopter. Therefore, Docket No. 2000–SW–06–AD.’’ The Direction Generale De L’Aviation Civile removing and replacing these tail rotor postcard will be date stamped and (DGAC), the airworthiness authority for blades are required before further flight returned to the commenter.

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The regulations adopted herein will accordance with paragraph (b) of this AD. DEPARTMENT OF TRANSPORTATION not have a substantial direct effect on The request should include an assessment of the States, on the relationship between the effect of the modification, alteration, or Federal Aviation Administration the national Government and the States, repair on the unsafe condition addressed by or on the distribution of power and this AD; and if the unsafe condition has not 14 CFR Part 39 been eliminated, the request should include responsibilities among the various [Docket No. 98±SW±77±AD; Amendment specific proposed actions to address it. levels of government. Therefore, it is 39±11647; AD 2000±06±07] determined that this final rule does not Compliance: Required before further flight have federalism implications under after April 30, 2000, unless accomplished RIN 2120±AA64 previously. Executive Order 13132. Airworthiness Directives; Eurocopter The FAA has determined that this To prevent failure of a tail rotor blade due Deutschland GMBH Model MBB±BK regulation is an emergency regulation to a lightning strike and subsequent loss of 117 Helicopters that must be issued immediately to control of the helicopter, accomplish the correct an unsafe condition in aircraft, following: AGENCY: Federal Aviation and that it is not a ‘‘significant (a) Remove from service any tail rotor Administration, DOT. regulatory action’’ under Executive blade with a following part number (P/N), ACTION: Final rule. Order 12866. It has been determined including all dash numbers for each P/N: further that this action involves an 332A–12–0010 SUMMARY: This amendment adopts a emergency regulation under DOT 332A–12–0020 new airworthiness directive (AD), Regulatory Policies and Procedures (44 332A–12–0030 applicable to Eurocopter Deutschland FR 11034, February 26, 1979). If it is 332A–12–0035 GMBH (ECD) Model MBB–BK 117 determined that this emergency 332A–12–0045 helicopters, that requires changing the regulation otherwise would be Replace with an airworthy tail rotor blade retirement life for the tail rotor (output) significant under DOT Regulatory with a following P/N: drive bevel gear (bevel gear). This Policies and Procedures, a final 332A–12–0050–01 or amendment is prompted by a fatigue regulatory evaluation will be prepared 332A–12–0055–01 analysis of the bevel gear conducted by and placed in the Rules Docket. A copy Note 2: Eurocopter France Service the manufacturer due to installation of of it, if filed, may be obtained from the Bulletins 01.57 for the Models SA330 and different tail rotor blades. The actions Rules Docket at the location provided 01.00.59 for the Models AS332, both dated specified by this AD are intended to under the caption ADDRESSES. November 23, 1999, pertain to the subject of prevent fatigue failure of the bevel gear, this AD. loss of tail rotor drive, and subsequent List of Subjects in 14 CFR Part 39 (b) An alternative method of compliance or loss of control of the helicopter. Air transportation, Aircraft, Aviation adjustment of the compliance time that EFFECTIVE DATE: April 28, 2000. safety, Safety. provides an acceptable level of safety may be FOR FURTHER INFORMATION CONTACT: Adoption of the Amendment used if approved by the Manager, Regulations Shep Blackman, Aerospace Engineer, Group, Rotorcraft Directorate, FAA. FAA, Rotorcraft Directorate, Rotorcraft Accordingly, pursuant to the Operators shall submit their requests through Standards Staff, 2601 Meacham Blvd., authority delegated to me by the an FAA Principal Maintenance Inspector Fort Worth, Texas 76137, telephone Administrator, the Federal Aviation who may concur or comment and then send (817) 222–5296, fax (817) 222–5961. Administration amends part 39 of the it to the Manager, Regulations Group. SUPPLEMENTARY INFORMATION: A Federal Aviation Regulations (14 CFR Note 3: Information concerning the part 39) as follows: proposal to amend part 39 of the Federal existence of approved alternative methods of Aviation Regulations (14 CFR part 39) to compliance with this AD, if any, may be include an airworthiness directive (AD) PART 39ÐAIRWORTHINESS obtained from the Regulations Group. DIRECTIVES that is applicable to ECD Model MBB– (c) Special flight permits may be issued in BK 117 helicopters was published in the 1. The authority citation for part 39 accordance with sections 21.197 and 21.199 Federal Register on December 10, 1999 continues to read as follows: of the Federal Aviation Regulations (14 CFR (64 FR 69208). That action proposed to Authority: 49 U.S.C. 106(g), 40113, 44701. 21.197 and 21.199) to operate the helicopter require changing the retirement life for to a location where the requirements of this the bevel gear. § 39.13 [Amended] AD can be accomplished. Interested persons have been afforded 2. Section 39.13 is amended by (d) This amendment becomes effective on an opportunity to participate in the adding a new airworthiness directive to April 10, 2000. making of this amendment. No read as follows: Note 4: The subject of this AD is addressed comments were received on the in Direction Generale De L’Aviation Civile AD 2000–06–05 Eurocopter France: proposal or the FAA’s determination of (France) AD’s 2000–002–081(A) and 2000– Amendment 39–11645. Docket No. 2000– the cost to the public. The FAA has SW–06–AD. 003–075(A), both dated January 12, 2000. determined that air safety and the Applicability: SA330F, SA330G, SA330J, Issued in Fort Worth, Texas, on March 15, public interest require the adoption of AS332C, AS332L, AS332L1, and AS332L2 2000. the rule as proposed except that the part helicopters, certificated in any category. number of the affected bevel gear has Eric Bries, Note 1: This AD applies to each helicopter been added to the applicability identified in the preceding applicability Acting Manager, Rotorcraft Directorate, paragraph and the limitations paragraph provision, regardless of whether it has been Aircraft Certification Service. to more specifically identify the affected otherwise modified, altered, or repaired in [FR Doc. 00–7111 Filed 3–23–00; 8:45 am] part. The FAA has determined that the area subject to the requirements of this BILLING CODE 4910±13±U AD. For helicopters that have been modified, these changes will neither increase the altered, or repaired so that the performance economic burden on any operator nor of the requirements of this AD is affected, the increase the scope of the AD. owner/operator must request approval for an The FAA estimates that 130 alternative method of compliance in helicopters of U.S. registry will be

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Based on these figures, the identified in the preceding applicability BILLING CODE 4910±13±P total cost impact of the AD on U.S. provision, regardless of whether it has been operators is estimated to be $2,116,660 otherwise modified, altered, or repaired in to change the retirement life entry and the area subject to the requirements of this DEPARTMENT OF TRANSPORTATION to replace the bevel gear upon reaching AD. For helicopters that have been modified, 18,500 hours TIS for the entire fleet. altered, or repaired so that the performance of the requirements of this AD is affected, the Federal Aviation Administration The regulations adopted herein will owner/operator must request approval for an not have a substantial direct effect on alternative method of compliance in 14 CFR Part 71 the States, on the relationship between accordance with paragraph (d) of this AD. the national Government and the States, The request should include an assessment of [Airspace Docket No. 99±ASW±32] or on the distribution of power and the effect of the modification, alteration, or responsibilities among the various repair on the unsafe condition addressed by this AD; and if the unsafe condition has not Revision of Class D Airspace; Hobbs, levels of government. Therefore, it is NM determined that this final rule does not been eliminated, the request should include specific proposed actions to address it. have federalism implications under AGENCY: Federal Aviation Executive Order 13132. Compliance: Required as indicated, unless accomplished previously. Administration (FAA), DOT For the reasons discussed above, I To prevent fatigue failure of the bevel gear, certify that this action (1) is not a loss of tail rotor drive, and subsequent loss ACTION: Direct final rule; confirmation of ‘‘significant regulatory action’’ under of control of the helicopter, accomplish the effective date. Executive Order 12866; (2) is not a following: ‘‘significant rule’’ under DOT (a) Within 100 hours time-in-service (TIS): SUMMARY: This notice confirms the Regulatory Policies and Procedures (44 (1) Record in the accessory replacement effective date of a direct final rule which FR 11034, February 26, 1979); and (3) record and historical record ‘‘Main Transmission’’ section the retirement life of revises Class D airspace at Hobbs, NM. will not have a significant economic 18,500 hours TIS for the bevel gear. EFFECTIVE DATE: The direct final rule impact, positive or negative, on a (2) Determine the total hours TIS of the substantial number of small entities bevel gear. If the total hours TIS cannot be published at 65 FR 2537 is effective under the criteria of the Regulatory determined, use the operating time of the 0901 UTC, April 20, 2000. Flexibility Act. A final evaluation has main transmission. FOR FURTHER INFORMATION CONTACT: (b) If the bevel gear’s total hours TIS is been prepared for this action and it is Donald J. Day, Airspace Branch, Air contained in the Rules Docket. A copy equal to or greater than 18,400 hours TIS, remove the bevel gear within the next 100 Traffic Division, Southwest Region, of it may be obtained from the Rules hours TIS and replace it with an airworthy Federal Aviation Administration, Fort Docket at the FAA, Office of the bevel gear. If the bevel gear’s total hours TIS Worth, TX 76193–0520, telephone: 817– Regional Counsel, Southwest Region, is less than 18,400 hours TIS, remove the 222–5593. 2601 Meacham Blvd., Room 663, Fort bevel gear on or before 18,500 hours TIS and Worth, Texas. replace it with an airworthy bevel gear. SUPPLEMENTARY INFORMATION: The FAA (c) This AD revises the helicopter published this direct final rule with a List of Subjects in 14 CFR Part 39 Airworthiness Limitations section of the request for comments in the Federal Air transportation, Aircraft, Aviation maintenance manual by establishing a new Register on January 18, 2000, (65 FR safety, Safety. retirement life for the bevel gear, P/N 117– 12215–01, of 18,500 hours TIS. 2537). The FAA uses the direct final Adoption of the Amendment (d) An alternative method of compliance or rulemaking procedure for a adjustment of the compliance time that noncontroversial rule where the FAA Accordingly, pursuant to the provides an acceptable level of safety may be believes that there will be no adverse authority delegated to me by the used if approved by the Manager, Regulations public comment. This direct final rule Administrator, the Federal Aviation Group, Rotorcraft Directorate, FAA. advised the public that no adverse Administration amends part 39 of the Operators shall submit their requests through comments were anticipated, and that Federal Aviation Regulations (14 CFR an FAA Principal Maintenance Inspector, who may concur or comment and then send unless a written adverse comment, or a part 39) as follows: it to the Manager, Regulations Group. written notice of intent to submit such Note 2: Information concerning the an adverse comment, were received PART 39ÐAIRWORTHINESS within the comment period, the DIRECTIVES existence of approved alternative methods of compliance with this AD, if any, may be regulation would become effective on 1. The authority citation for part 39 obtained from the Regulations Group. April 20, 2000. No adverse comments continues to read as follows: (e) Special flight permits may be issued in were received, and, thus, this action accordance with sections 21.197 and 21.199 confirms that this direct final rule will Authority: 49 U.S.C. 106(g), 40113, 44701. of the Federal Aviation Regulations (14 CFR be effective on that date. 21.197 and 21.199) to operate the helicopter § 39.13 [Amended] to a location where the requirements of this Issued in Fort Worth, TX, on March 16, 2. Section 39.13 is amended by AD can be accomplished. 2000. (f) This amendment becomes effective on JoEllen Casilio, adding a new airworthiness directive to April 28, 2000. read as follows: Assistant Manager, Air Traffic Division, Note 3: The subject of this AD is addressed Southwest Region. AD 2000–06–07 Eurocopter Deutschland: in Luftfahrt-Bundesamt (Federal Republic of Amendment 39–11647. Docket No. 98– Germany) AD No. 97–350, dated December [FR Doc. 00–7344 Filed 3–23–00; 8:45 am] SW–77–AD. 18, 1997. BILLING CODE 4910±13±M

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DEPARTMENT OF TRANSPORTATION Airport, LA; and revises the Class E this rule may be amended or withdrawn Airspace at Alexandria, LA. The closure in light of the comments received. Federal Aviation Administration of England AFB and subsequent name Factual information that supports the change to Alexandria International commenter’s ideas and suggestions is 14 CFR Part 71 Airport and closure of the air traffic extremely helpful in evaluating the [Airspace Docket No. 2000±ASW±10] control tower at Esler Regional Airport effectiveness of this action and have made this rule necessary. The determining whether additional Revision of Class D Airspace, intended effect of this proposal is to rulemaking action is needed. Alexandria England AFB, LA; provide adequate controlled airspace for Comments are specifically invited on Revocation of Class D Airspace, aircraft operating in the vicinity of the overall regulatory, economic, Alexandria Esler Regional Airport, LA; Alexandria International and Esler environmental, and energy aspects of and Revision of Class E Airspace, Regional Airports. the rule that might suggest a need to Alexandria, LA Class D and E airspace designations modify the rule. All comments are published in Paragraphs 5000 and submitted will be available, both before AGENCY: Federal Aviation 6005 respectively, of FAA Order and after the closing date for comments, Administration (FAA), DOT. 7400.9G, dated September 1, 1999, and in the Rules Docket for examination by ACTION: Direct final rule; request for effective September 16, 1999, which is interested persons. A report that comments. incorporated by reference in 14 CFR summarizes each FAA-public contact § 71.1. The Class D and E airspace concern with the substance of this SUMMARY: This amendment revises the designations listed in this document action will be filed in the Rules Docket. Class D Airspace at Alexandria England will be published subsequently in the Commenters wishing the FAA to Air Force Base (AFB), LA; revokes the order. acknowledge receipt of their comments Class D Airspace at Alexandria Esler submitted in response to this rule must The Direct Final Rule Procedure Regional Airport, LA; and revises the submit a self-addressed, stamped Class E Airspace at Alexandria, LA. The The FAA anticipates that this postcard on which the following closure of England AFB and subsequent regulation will not result in adverse or statement is made: ‘‘Comments to name change to Alexandria negative comment and therefore is Docket No. 2000–ASW–10.’’ The International Airport and closure of the issuing it as a direct final rule. A postcard will be date stamped and air traffic control tower at Esler Regional substantial number of previous returned to the commenter. Airport have made this rule necessary. opportunities provided to the public to The intended effect of this proposal is comment on substantially identical Agency Findings to provide adequate controlled airspace actions have resulted in negligible The regulations adopted herein will for aircraft operating in the vicinity of adverse comments or objections. Unless not have substantial direct effects on the Alexandria International and Esler a written adverse or negative comment, States, on the relationship between the Regional Airports. or a written notice of intent to submit national government and the States, or DATES: Effective 0901 UTC, August 10, an adverse or negative comment is on the distribution of power and 2000. Comments must be received on or received within the comment period, responsibilities among the various before May 8, 2000. the regulation will become effective on levels of government. Therefore, it is the date specified above. After the close ADDRESSES: Send comments on the rule determined that this final rule will not of the comment period, the FAA will in triplicate to Manager, Airspace have federalism implications under publish a document in the Federal Branch, Air Traffic Division, Federal Executive Order 13132. Register indicating that no adverse or Further, the FAA has determined that Aviation Administration, Southwest negative comments were received and this regulation is noncontroversial and Region, Docket No. 2000–ASW–10, Fort confirming the date on which the final unlikely to result in adverse or negative Worth, TX 76193–0520. The official rule will become effective. If the FAA comments and only involves an docket may be examined in the Office does receive, within the comment established body of technical of the Regional Counsel, Southwest period, an adverse or negative comment, regulations that require frequent and Region, Federal Aviation or written notice of intent to submit routine amendments to keep them Administration, 2601 Meacham such a comment, a document operationally current. Therefore, I Boulevard, Room 663, Fort Worth, TX, withdrawing the direct final rule will be certify that this regulation (1) is not a between 9 a.m. and 3 p.m., Monday published in the Federal Register, and ‘‘significant regulatory action’’ under through Friday, except Federal holidays. a notice of proposed rulemaking may be Executive Order 12866; (2) is not a An informal docket may also be published with a new comment period. ‘‘significant rule’’ under DOT examined during normal business hours Regulatory Policies and Procedures (44 at the Airspace Branch, Air Traffic Comments Invited FR 11034; February 26, 1979); and (3) if Division, Federal Aviation Although this action is in the form of promulgated, will not have a significant Administration, Southwest Region, a final rule and was not preceded by a economic impact, positive or negative, Room 414, Fort Worth, TX. notice of proposed rulemaking, on a substantial number of small entities FOR FURTHER INFORMATION CONTACT: comments are invited on this rule. under the criteria of the Regulatory Donald J. Day, Airspace Branch, Air Interested persons are invited to Flexibility Act. Since this rule involves Traffic Division, Southwest Region, comment on this rule by submitting routine matters that will only affect air Federal Aviation Administration, Fort such written data, views, or arguments traffic procedures and air navigation, it Worth, TX 76193–0520, telephone 817– as they may desire. Communications does not warrant preparation of a 222–5593. should identify the Rule Docket number Regulatory Flexibility Analysis because SUPPLEMENTARY INFORMATION: This and be submitted in triplicate to the the anticipated impact is so minimal. amendment to 14 CFR part 71 revises address specified under the caption the Class D Airspace at Alexandria ADDRESSES. All communications List of Subjects in 14 CFR Part 71 England AFB, LA; revokes the Class D received on or before the closing date Airspace, Incorporation by reference, Airspace at Alexandria Esler Regional for comments will be considered, and Navigation (air).

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Adoption of the Amendment Issued in Fort Worth, TX, on March 16, DEPARTMENT OF TRANSPORTATION 2000. Accordingly, pursuant to the JoEllen Casilio, Federal Aviation Administration authority delegated to me, the Federal Assistant Manager, Air Traffic Division, Aviation Administration amends 14 Southwest Region. 14 CFR Part 71 CFR part 71 as follows: [FR Doc. 00–7347 Filed 3–23–00; 8:45 am] BILLING CODE 4910±13±M [Airspace Docket No. 2000±ASW±02] PART 71ÐDESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND Establishment of Class E Airspace; DEPARTMENT OF TRANSPORTATION CLASS E AIRSPACE AREAS; Stigler, OK AIRWAYS; ROUTES; AND REPORTING Federal Aviation Administration POINTS AGENCY: Federal Aviation 14 CFR Part 71 Administration (FAA), DOT. 1. The authority citation for 14 CFR part 71 continues to read as follows: [Airspace Docket No. 2000±ASW±01] ACTION: Direct final rule; confirmation of effective date. Authority: 49 U.S.C. 106(g), 40103, 40113, Revision of Class E Airspace; 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– Corsicana, TX 1963 Comp., p. 389. SUMMARY: This notice confirms the AGENCY: Federal Aviation effective date of a direct final rule which § 71.1 [Amended] Administration (FAA), DOT. establishes Class E airspace at Stigler, OK. 2. The incorporation by reference in ACTION: Direct final rule; confirmation of 14 CFR 71.1 of the Federal Aviation effective date. EFFECTIVE DATE: The direct final rule Administration Order 7400.9G, SUMMARY: This notice confirms the published at 65 FR 3381 is effective Airspace Designations and Reporting effective date of a direct final rule which 0901 UTC, April 20, 2000. Points, dated September 1, 1999, and revises Class E airspace at Corsicana, FOR FURTHER INFORMATION CONTACT: effective September 16, 1999, is TX. Donald J. Day, Airspace Branch, Air amended as follows: EFFECTIVE DATE: The direct final rule Traffic Division, Southwest Region, Paragraph 5000 Class D airspace areas. published at 65 FR 3382 is effective Federal Aviation Administration, Fort * * * * * 0901 UTC, April 20, 2000. Worth, TX 76193–0520, telephone: 817– FOR FURTHER INFORMATION CONTACT: 222–5593. ASW LA D Alexandria, LA [Revised] Donald J. Day, Airspace Branch, Air SUPPLEMENTARY INFORMATION: The FAA Alexandria International Airport, LA Traffic Division, Southwest Region, (Lat. 31°19′55″ N., long. 92°32′55″ W.) Federal Aviation Administration, Fort published this direct final rule with a request for comments in the Federal That airspace extending upward from the Worth, TX 76193–0520, telephone: 817– surface to and including 2,600 feet MSL 222–5593. Register on January 21, 2000, (65 FR 3381). The FAA uses the direct final within a 4.7-mile radius of Alexandria SUPPLEMENTARY INFORMATION: The FAA International Airport. published this direct final rule with a rulemaking procedure for a noncontroversial rule where the FAA * * * * * request for comments in the Federal Register on January 21, 2000, (65 FR believes that there will be no adverse ASW LA D Alexandria Esler Regional 3382). The FAA uses the direct final public comment. This direct final rule Airport, LA [Revoked] rulemaking procedure for a advised the public that no adverse Paragraph 6005: Class E airspace areas noncontroversial rule where the FAA comments were anticipated, and that extending upward from 700 feet or more believes that there will be no adverse unless a written adverse comment, or a above the surface of the earth. public comment. This direct final rule written notice of intent to submit such * * * * * advised the public that no adverse an adverse comment, were received comments were anticipated, and that within the comment period, the ASW LA E5 Alexandria, LA [Revised] unless a written adverse comment, or a regulation would become effective on Alexandria International Airport, LA written notice of intent to submit such April 20, 2000. No adverse comments (Lat. 31°19′39″ N., long. 92°32′55″ W.) an adverse comment, were received were received, and, thus, this action Alexandria Esler Regional Airport, LA within the comment period, the confirms that this direct final rule will (Lat. 31°23′42″ N., long. 92°17′45″ W.) regulation would become effective on be effective on that date. Esler VORTAC April 20, 2000. No adverse comments Issued in Fort Worth, TX, on March 16, (Lat. 31°26′51″ N., long. 92°19′19″ W.) were received, and, thus, this action 2000. That airspace extending upward from 700 confirms that this direct final rule will feet above the surface within a 14-mile radius be effective on that date. JoEllen Casilio, of Alexandria International Airport and Issued in Fort Worth, TX, on March 16, Assistant Manager, Air Traffic Division, within a 7.7-mile radius of Esler Regional 2000. Southwest Region. Airport and within 1.7 miles each side of the JoEllen Casilio, [FR Doc. 00–7346 Filed 3–23–00; 8:45 am] ° 154 radial of the Esler VORTAC extending Assistant Manager, Air Traffic Division, BILLING CODE 4910±13±M from the 7.7-mile radius to 10.6 miles Southwest Region. southeast of the airport. [FR Doc. 00–7345 Filed 3–23–00; 8:45 am] * * * * * BILLING CODE 4910±13±M

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DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR

Internal Revenue Service Internal Revenue Service Minerals Management Service

26 CFR Part 1 26 CFR Part 601 30 CFR Part 250 Oil and Gas and Sulphur Operations in [TD 8848] [TD 8867] the Outer Continental ShelfÐUpdate of Revised/Reaffirmed Documents RIN 1545±AW69 RIN 1545±AX29 Incorporated by Reference Passive Foreign Investment Use of Penalty Mail in the Location and AGENCY: Minerals Management Service Companies; Definition of Marketable Recovery of Missing Children; (MMS), Interior. Stock; Correction Correction ACTION: Technical amendment. AGENCY: Internal Revenue Service (IRS), SUMMARY: This document makes AGENCY: Internal Revenue Service (IRS), Treasury. technical amendments to regulations Treasury. ACTION: Correction to procedural rules. that were published in a final rule on ACTION: Correction to final regulations. December 28, 1999 (64 FR 72756). This SUMMARY: This document contains a amendment incorporates the revision of SUMMARY: This document contains a correction to procedural rules which 10 documents previously incorporated correction to final regulations which were published in the Federal Register by reference in regulations governing oil were published in the Federal Register on Monday, December 13, 1999 (64 FR and gas and sulfur operations in the on Tuesday, January 25, 2000 (65 FR 69398), establishing the procedures Outer Continental Shelf (OCS). The 3817), relating to the new mark-to- under which the IRS may use penalty revised editions of these 10 documents market election for stock of a passive mail to aid in the location and recovery will ensure that lessees use the best foreign investment company. of missing children. available and safest technologies while DATES: This correction is effective operating in the OCS. Additionally, DATES: This correction is effective December 13, 1999. MMS is acknowledging the January 25, 2000. reaffirmation of 7 documents previously FOR FURTHER INFORMATION CONTACT: incorporated by reference in regulations FOR FURTHER INFORMATION CONTACT: Randall Hall at (202) 283–7900 or Sandy governing oil and gas and sulfur Robert Laudeman at (202) 622–3840 (not Kopta at (202) 622–3726 (not toll-free operations in the OCS. The a toll-free call). numbers). reaffirmation dates issued by the SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: American Petroleum Institute’s Manual of Petroleum Measurement Standards Background Background will be added to the 7 pertinent The final regulations that are the The procedural rules that are the documents incorporated by reference. subject of this correction are the result subject of this correction are under EFFECTIVE DATE: April 24, 2000. of the Juvenile Justice and Delinquency The incorporation by reference of section 1296 of the Internal Revenue Prevention Act of 1974. publications listed in the regulation is Code. approved by the Director of the Federal Need for Correction Need for Correction Register as of April 24, 2000. As published, the procedural rules FOR FURTHER INFORMATION CONTACT: As published, the final regulations (TD 8848) contain a typographical error Frederick Gray at (703) 787–1027. (TD 8867) contain an error in the title that need correction to be corrected. SUPPLEMENTARY INFORMATION: The of the official signing the document. Correction of Publication revised editions of the documents Correction of Publication previously incorporated by reference Accordingly, the publication of the are: (1) Fourth Edition of the American procedural rules (TD 8848), which were Accordingly, the publication of the Petroleum Institute (API) Recommended the subject of FR Doc. 99–32098, is final regulations (TD 8867), which were Practice for Operation and Maintenance corrected as follows: the subject of FR Doc. 00–1530, is of Offshore Cranes (API RP 2D); (2) corrected as follows: § 601.901 [Corrected] Sixth Edition of the API Specification for Quality Programs for the Petroleum 1. On page 69399, first column, 1. On page 3820, third column, at the and Natural Gas Industry (API Spec Q1); § 601.901, paragraph (e) is corrected to end of TD 8867, the title of the official (3) Second Edition of the API Manual of read as follows: signing the document, ‘‘Assistant Petroleum Measurement Standards Secretary of the Treasury.’’ is corrected § 601.901 Missing children shown on (MPMS), Chapter 4, Proving Systems, to read ‘‘Acting Assistant Secretary of penalty mail. Section 6, Pulse Interpolation (MPMS, the Treasury (Tax Policy).’’ * * * * * Chapter 4, Section 6); (4) Second Dale D. Goode, (e) Period of applicability. This Edition of the API MPMS, Chapter 4, section is applicable December 13, 1999 Proving Systems, Section 7, Field Federal Register Liaison, Assistant Chief Standard Test Measures (MPMS, Counsel (Corporate). through December 31, 2002. Chapter 4, Section 7); (5) American [FR Doc. 00–5237 Filed 3–23–00; 8:45 am] Dale D. Goode, Society for Testing and Materials BILLING CODE 4830±01±U Federal Register Liaison, Assistant Chief (ASTM) Standard Specification for Counsel (Corporate). Concrete Aggregates (ASTM Standard C [FR Doc. 00–5241 Filed 3–23–00; 8:45 am] 33–99a); (6) ASTM Standard BILLING CODE 4830±01±U Specification for Ready-Mixed Concrete

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(ASTM Standard C 94/C 94M–99); (7) according to the authority in 30 CFR Accordingly, 30 CFR Part 250 is ASTM Standard Specification for 250.198(a)(2). We are updating the amended by making the following Portland Cement (ASTM Standard C appropriate sections of other subparts to technical amendments: 150–99); (8) ASTM Standard reflect these document revisions. Specification for Lightweight Aggregates The regulations for cranes and other PART 250ÐOIL AND GAS AND for Structural Concrete (ASTM Standard material-handling equipment on fixed SULPHUR OPERATIONS IN THE C 330–99); (9) ASTM Standard platforms were recently revised under OUTER CONTINENTAL SHELF Specification for Blended Hydraulic § 250.108 for all operations on the OCS, Cements (ASTM Standard C 595–98); including those for sulphur. However, 1. The authority citation for part 250 and (10) 1999 Edition of the NACE crane operations for sulphur leases are continues to read as follows: International Sulfide Stress Cracking also regulated under § 250.1605(g). For Authority: 43 U.S.C. 1331 et seq. Resistant Metallic Materials for Oilfield consistency, this technical amendment Equipment (NACE Standard MR0175– simply revises § 250.1605(g) to specify 2. In § 250.198, in the table in 99). that sulphur operations follow the paragraph (e), the following changes are requirements in § 250.108 with respect made: MMS has reviewed these documents to crane operations. and has determined that the new A. Remove the entries for ASTM editions must be incorporated into the List of Subjects in 30 CFR Part 250 standards C33–93, C94–96, C150–95a, C330–89, C595–94, and NACE standard regulations to ensure the use of the best Continental shelf, Environmental MR.01–75–96. and safest technologies. Our review impact statements, Environmental shows that the changes between the old protection, Government contracts, B. Add entries for ASTM standards C and new editions result in safety Incorporation by reference, 33–99a, C 94/C 94M–99, C 150–99, C improvements or represent new Investigations, Mineral royalties, Oil 330–99, C 595–98 and NACE standard industry standard technology and will and gas development and production, MR0175–99 as set forth below. not impose undue cost on the offshore Oil and gas exploration, Oil and gas C. Revise the remaining entries as set oil and gas industry. Furthermore, the reserves, Penalties, Pipelines, Public forth below. old editions are not readily available to lands—mineral resources, Public the affected parties because they are out lands—rights-of-way, Reporting and § 250.198 Documents incorporated by reference. of publication. Therefore, we are recordkeeping requirements, Sulphur amending these documents to development and production, Sulphur * * * * * incorporate the updated editions exploration, Surety bonds. (e) * * *

Title of document Incorporated by reference at

******* API MPMS, Chapter 4, Section 6, Pulse Interpolation, Second Edition, May 1999, API Stock § 250.1202(a)(3) and (f)(1). No. H04062. API MPMS, Chapter, Section 7, Field Standard Test Measures, Second Edition, December § 250.1202(a)(3) and (f)(1). 1998, API Stock No. H04072.

******* API MPMS, Chapter 5, Section 2, Measurement of Liquid Hydrocarbons by Displacement Me- § 250.1202(a)(3). ters, Second Edition, November 1987, reaffirmed January 1997, API Stock No. H30102.

******* API MPMS, Chapter 5, Section 5, Fidelity and Security of Flow Measurement Pulsed-Data § 250.1202(a)(3). Transmission Systems, First Edition, June 1982, reaffirmed January 1997, API Stock No. H30105.

******* API MPMS, Chapter 6, Section 7, Metering Viscous Hydrocarbons, Sescond Edition, May § 250.1202(a)(3). 1991, reaffirmed July 1996, API Stock No. H30127.

******* API MPMS, Chapter 9, Density Determination, Section 1, Hydrometer Test Method for Density, § 250.1202(a)(3) and (1)(4). Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products, First Edition, June 1981, reaffirmed December 1998, API Stock No. H30181; also available as ANSI/ASTM D 1298.

API MPMS, Chapter 9, Section 2, Pressure Hydrometer Test Method for Density or Relative § 250.1202(a)(3) and (1)(4). Density, First Edition, April 1982, reaffirmed December 1998, API Stock No. H30182.

******* API MPMS, Chapter 11.2.2, Compressibility Factors for Hydrocarbons: 0.350±0.637 Relative § 250.1202(a)(3) and (g)(4). Density (60°F/60°F) and ¥50°F to 140°F Metering Temperature, Second Edition, October 1986, reaffirmed March 1997, API Stock No. H27307; also available as Gas Processors As- sociation (GPA) 8286.

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Title of document Incorporated by reference at

******* API MPMS, Chapter 14, Section 3, Part 3, Natural Gas Applications, Third Edition, August § 250.1203(b)(2). 1992, reaffirmed December 1998, API Stock No. H30353; also available as ANS/API 2530, Part 3.

******* API RP 2D, Recommended practice for Operation and Maintenance of Offshore Cranes, Fourth § 250.108(a)(1). Edition, August 1, 1999. API Stock No. G02D04.

******* API Spec Q1, Specification for Quality Programs for the Petroleum and Natural Gas Industry, § 250.806(a)(2)(ii). Sixth Edition, March 1, 1999. API Stock No. GQ1006.

******* ASTM Standard C 33±99a. Standard Specification for Concrete Aggregates ...... § 250.908(b)(4)(i). ASTM Standard C 94/C 94M±99, Standard Specification for Ready-Mixed Concrete ...... § 250.908(e)(2)(i). ASTM Standard C 150±99, Standard Specification for Portland Cement ...... § 250.908(b)(2)(i). ASTM Standard C 330±99, Standard Specification for Lightweight Aggregates for Structural § 250.908(b)(4)(i). Concrete. ASTM Standard C 595±98, Standard Specification for Blended Hydraulic Cements ...... § 250.908(b)(2)(i).

******* NACE Standard MR0175±99, Sulfide Stress Cracking Resistant Metallic Materials for Oilfield § 250.417(p)(2). Equipment, Revised January 1999, NACE Item No. 21302.

*******

3. In § 250.417, paragraph (p)(2) is applicable provisions of the ACI ENVIRONMENTAL PROTECTION revised to read as follows: publication, ACI Standard 318, Building AGENCY Code Requirements for Reinforced § 250.417 Hydrogen sulfide. Concrete, plus Commentary. 40 CFR Part 52 * * * * * (p) * * * * * * * * [CA 040±0223a FRL±6563±3] (2) Use BOP system components, (e) * * * Approval and Promulgation of wellhead, pressure-control equipment, (2) * * * Implementation Plans; California State and related equipment exposed to H2S- Implementation Plan Revision, Ventura bearing fluids that conform to NACE (i) Mixing of concrete must conform to the requirements of ACI Standard 318 County Air Pollution Control District, Standard MR0175–99. Monterey Bay Unified Air Pollution * * * * * and ASTM Standard C 94/C 94M–99, Standard Specification for Ready-Mixed Control District, and Santa Barbara 4. In § 250.908, paragraphs (b)(2)(i), Concrete; County Air Pollution Control District (b)(4)(i), and (e)(2)(i) are revised to read as follows: * * * * * AGENCY: Environmental Protection 5. In § 250.1605, paragraph (g) is Agency (EPA). § 250.908 Concrete-gravity platforms. revised to read as follows: ACTION: Direct final rule. * * * * * (b) * * * § 250.1605 Drilling requirements. SUMMARY: EPA is taking direct final (2) * * * action on revisions to the California * * * * * (i) Cement must be equivalent to Type State Implementation Plan (SIP). The I, II, or III portland cement as specified (g) Crane operations. You must revisions concern rules from the by ASTM Standard C 150–99, Standard operate a crane installed on fixed following districts: Ventura County Air Specification for Portland Cement, or platforms according to § 250.108 of this Pollution Control District (VCAPCD), portland-pozzolan cement as specified subpart. Monterey Bay Unified Air Pollution by ASTM Standard C 595–98, Standard * * * * * Control District (MBUAPCD), and Santa Specification for Blended Hydraulic Barbara County Air Pollution Control Cements. However, the suitability of Dated: March 16, 2000. District (SBCAPCD). This approval Type III cement to serve its intended E. P. Danenberger, action will incorporate these rules into function must be demonstrated. Chief, Engineering and Operations Division. the federally approved SIP. The (4) * * * [FR Doc. 00–7267 Filed 3–23–00; 8:45 am] intended effect of approving these rules (i) Aggregates must conform to the BILLING CODE 4310±MR±P is to regulate emissions of volatile requirements of ASTM Standard C 33– organic compounds (VOCs) in 99a, Standard Specification for Concrete accordance with the requirements of the Aggregates. Lightweight aggregates Clean Air Act, as amended in 1990 conforming to ASTM Standard C 330– (CAA or the Act). The revised rules 99, Standard Specification for control VOC emissions from Lightweight Aggregates for Structural architectural coatings. Thus, EPA is Concrete, will only be permitted if they finalizing the approval of these do not pose durability problems and revisions into the California SIP under where they are used according to the provisions of the CAA regarding EPA

VerDate 202000 17:05 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\24MRR1.SGM pfrm01 PsN: 24MRR1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 15865 action on SIP submittals, SIPs for under the provisions of the Clean Air districts’ efforts to achieve the NAAQS national primary and secondary ambient Act, as amended in 1977 (1977 Act or for ozone and in response to EPA’s SIP- air quality standards and plan pre-amended Act), that included the Call and the section 110(a)(2)(A) CAA requirements for nonattainment areas. Ventura County, Monterey Bay, and requirement. The following is EPA’s DATES: This rule is effective on May 23, Santa Barbara-Santa Maria-Lompoc evaluation and final action for these 2000 without further notice, unless EPA Areas. 43 FR 8964, 40 CFR 81.305. On rules. May 26, 1988, EPA notified the receives adverse comments by April 24, III. EPA Evaluation and Action 2000. If EPA receives such comment, it Governor of California, pursuant to will publish a timely withdrawal in the section 110(a)(2)(H) of the 1977 Act, that In determining the approvability of Federal Register informing the public the above districts’ portions of the VOC rules, EPA must evaluate the rules that this rule will not take effect. California SIP were inadequate to attain for consistency with the requirements of the CAA and EPA regulations, as found ADDRESSES: Written comments must be and maintain the ozone standard and submitted to Andrew Steckel at the requested that deficiencies in the in section 110 and part D of the CAA Region IX office listed below. Copies of existing SIP be corrected (EPA’s SIP- and 40 CFR part 51 (Requirements for the rule revisions and EPA’s evaluation Call). Preparation, Adoption, and Submittal of report for each rule are available for On November 15, 1990, the Clean Air Implementation Plans). In addition, these rules were public inspection at EPA’s Region IX Act Amendments of 1990 were enacted. evaluated against the general office during normal business hours. Pub. L. 101–549, 104 Stat. 2399, requirements of the CAA (section 110 Copies of the submitted rule revisions codified at 42 U.S.C. 7401–7671q. and part D) 40 CFR part 52 and ‘‘Issues are available for inspection at the Section 110(a)(2)(A) of the Act requires Relating to VOC Regulation Cutpoints, following locations: that plans which are submitted to the EPA in order to achieve or maintain the Deficiencies, and Deviations— Rulemaking Office [AIR–4], Air National Ambient Air Quality Standards Clarification to Appendix D of Division, U.S. Environmental (NAAQS) contain enforceable emission November 24, 1987 Federal Register’’ Protection Agency, Region IX, 75 limitations. The Ventura County Area is (EPA’s ‘‘Blue Book’’). In general, these Hawthorne Street, San Francisco, CA classified as severe and the Monterey guidance documents have been set forth 94105–3901. to ensure that VOC rules are fully Environmental Protection Agency, Air Bay and Santa Barbara-Santa Maria- 1 enforceable and strengthen or maintain Docket (6102), 401 ‘‘M’’ Street, SW., Lompoc Areas are classified as serious. The State of California submitted the SIP. Washington, DC 20460. On January 24, 1985, EPA approved California Air Resources Board, many rules for incorporation into its SIP into the SIP a version of Rule 74.2, Stationary Source Division, Rule on November 12, 1992 and March 3, Architectural Coatings, that had been Evaluation Section, 2020 ‘‘L’’ Street, 1997, including the rules being acted on adopted by the VCAPCD on November Sacramento, CA 95812. in this document. This document Ventura County Air Pollution Control addresses EPA’s direct-final action for 22, 1983. VCAPCD submitted Rule 74.2, District, 669 County Square Drive, VCAPCD Rule 74.2, Architectural Architectural Coatings includes the 2nd Floor, Ventura, CA 93003. Coatings; MBUAPCD Rule 426, following significant changes from the Architectural Coatings; and SBCAPCD current SIP: Monterey Bay Unified Air Pollution • Control District, 24580 Silver Cloud Rule 323, Architectural Coatings. These Deletion of Section A1b in the SIP Court, Monterey, CA 93940. rules were adopted by the VCAPCD, version to allow the sale of bituminous MBUAPCD, and SBCAPCD on August pavement sealers; Santa Barbara County Air Pollution • Control District, 26 Castilian Drive, 11, 1992, December 18, 1996, and July Addition of 19 VOC limits and Suite B–23, Goleta, CA 93117. 18, 1996, respectively. VCAPCD Rule deletion of three VOC limits from the 74.2 was found to be complete on March Table of Standards; FOR FURTHER INFORMATION CONTACT: • 26, 1993. MBUAPCD Rule 426 and A provision that the lowest VOC Yvonne Fong, Rulemaking Office [AIR– limit shall apply when a coating may 4], Air Division, U.S. Environmental SBCAPCD Rule 323 were found to be complete on August 12, 1997. Findings fall under two or more categories; Protection Agency, Region IX, 75 • of completeness are made pursuant to A requirement that all VOC- Hawthorne Street, San Francisco, CA containing materials be stored in closed 94105–3901, Telephone: (415) 744– EPA’s completeness criteria that are set 2 containers; 1199. forth in 40 CFR part 51 Appendix V. • These submitted rules are being A requirement that the maximum SUPPLEMENTARY INFORMATION: finalized for approval into the SIP. VOC content be displayed on coating These rules control VOC emissions containers; I. Applicability • from architectural coatings. VOCs Deletion of Section B1 in the SIP The rules being approved into the contribute to the production of ground version to remove the small business California SIP include: VCAPCD Rule exemption; level ozone and smog. These rules were • 74.2, Architectural Coatings; MBUAPCD originally adopted as part of the Exemptions for aerosol containers Rule 426, Architectural Coatings; and and emulsion-type bituminous SBCAPCD Rule 323, Architectural 1 The Ventura County, Monterey Bay, and Santa pavement sealers; Coatings. VCAPCD Rule 74.2 was Barbara-Santa Maria-Lompoc Areas retained their • Removal of exemptions for 11 submitted by the California Air designation of nonattainment and were classified by categories of coatings; Pollution Control District (CARB) to operation of law pursuant to sections 107(d) and • Addition of test methods for 181(a) upon the date of enactment of the CAA. See EPA on November 12, 1992. MBUAPCD 56 FR 56694 (November 6, 1991). On December 10, determining the VOC, acid, and metal Rule 426 and SBCAPCD Rule 323 were 1997, EPA published a final rule reclassifying the content of coatings; and both submitted by CARB to EPA on Santa Barbara-Santa Maria-Lompoc Area from • Addition of 15, deletion of eight, March 3, 1997. moderate to serious. See 62 FR 65025. This and revision of 12 definitions. reclassification became effective on January 9, 1998. On February 9, 1996, EPA approved II. Background 2 EPA adopted the completeness criteria on February 16, 1990 (55 FR 5830) and, pursuant to into the SIP a version of Rule 426, On March 3, 1978, EPA promulgated section 110(k)(1)(A) of the CAA, revised the criteria Architectural Coatings, that had been a list of ozone nonattainment areas on August 26, 1991 (56 FR 42216). adopted by the MBUAPCD on August

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25, 1993. MBUAPCD submitted Rule IV. Administrative Requirements determined to be ‘‘economically 426, Architectural Coatings includes the significant’’ as defined under Executive A. Executive Order 12866 following significant changes from the Order 12866, and (2) concerns an current SIP: The Office of Management and Budget environmental health or safety risk that • (OMB) has exempted this regulatory EPA has reason to believe may have a Addition of a VOC limit to the action from Executive Order 12866, Table of Standards; disproportionate effect on children. If entitled ‘‘Regulatory Planning and the regulatory action meets both criteria, • References to other MBUAPCD Review.’’ the Agency must evaluate the rules; B. Executive Order 13132 environmental health or safety effects of • Addition of three and revision of the planned rule on children, and Federalism (64 FR 43255, August 10, five definitions; and explain why the planned regulation is 1999) revokes and replaces Executive preferable to other potentially effective • Addition of a test method for Orders 12612, Federalism and 12875, and reasonably feasible alternatives determining the gloss of non-flat Enhancing the Intergovernmental considered by the Agency. coatings. Partnership. Executive Order 13132 This rule is not subject to Executive On July 14, 1995, EPA approved into requires EPA to develop an accountable Order 13045 because it does not involve the SIP a version of Rule 323, process to ensure ‘‘meaningful and decisions intended to mitigate Architectural Coatings, that had been timely input by State and local officials environmental health or safety risks. adopted by the SBCAPCD on March 16, in the development of regulatory D. Executive Order 13084 1995. SBCAPCD submitted Rule 323, policies that have federalism Architectural Coatings includes the implications.’’ ‘‘Policies that have Under Executive Order 13084, following significant change from the federalism implications’’ is defined in Consultation and Coordination with current SIP: the Executive Order to include Indian Tribal Governments, EPA may • regulations that have ‘‘substantial direct not issue a regulation that is not Deletion of the definition of reactive effects on the States, on the relationship required by statute, that significantly organic compound found in Section C27 between the national government and affects or uniquely affects the of the SIP to maintain consistency with the States, or on the distribution of communities of Indian tribal the definition in SBCAPCD Rule 102, power and responsibilities among the governments, and that imposes Definitions. various levels of government.’’ Under substantial direct compliance costs on EPA has evaluated the submitted Executive Order 13132, EPA may not those communities, unless the Federal rules and has determined that they issue a regulation that has federalism government provides the funds strengthen the applicable SIP and are implications, that imposes substantial necessary to pay the direct compliance consistent with the CAA and EPA direct compliance costs, and that is not costs incurred by the tribal policy. Therefore, VCAPCD Rule 74.2, required by statute, unless the Federal governments. If the mandate is Architectural Coatings; MBUAPCD Rule government provides the funds unfunded, EPA must provide to the 426, Architectural Coatings; and necessary to pay the direct compliance OMB, in a separately identified section SBCAPCD Rule 323, Architectural costs incurred by State and local of the preamble to the rule, a Coatings are being approved under governments, or EPA consults with description of the extent of EPA’s prior section 110(k)(3) of the CAA. State and local officials early in the consultation with representatives of EPA is publishing this rule without process of developing the proposed affected tribal governments, a summary prior proposal because the Agency regulation. EPA also may not issue a of the nature of their concerns, and a views this as a noncontroversial regulation that has federalism statement supporting the need to issue amendment and anticipates no adverse implications and that preempts State the regulation. In addition, Executive Order 13084 comments. However, in the proposed law unless the Agency consults with requires EPA to develop an effective rules section of this Federal Register State and local officials early in the process permitting elected and other publication, EPA is publishing a process of developing the proposed representatives of Indian tribal separate document that will serve as the regulation. This rule will not have substantial governments ‘‘to provide meaningful proposal to approve these SIP revisions direct effects on the States, on the and timely input in the development of should adverse comments be filed. This relationship between the national regulatory policies on matters that rule will be effective May 23, 2000 government and the States, or on the significantly or uniquely affect their without further notice unless the distribution of power and communities.’’ Today’s rule does not Agency receives adverse comments by responsibilities among the various significantly or uniquely affect the April 24, 2000. levels of government, as specified in communities of Indian tribal If the EPA receives such comments, Executive Order 13132 (64 FR 43255, governments. Accordingly, the then EPA will publish a timely August 10, 1999), because it merely requirements of section 3(b) of withdrawal in the Federal Register approves a state rule implementing a Executive Order 13084 do not apply to informing the public that the rule will federal standard, and does not alter the this rule. not take effect. All public comments relationship or the distribution of power E. Regulatory Flexibility Act received will then be addressed in a and responsibilities established in the subsequent final rule based on the Clean Air Act. Thus, the requirements of The Regulatory Flexibility Act (RFA) proposed rule. The EPA will not section 6 of the Executive Order do not generally requires an agency to conduct institute a second comment period. Any apply to this rule. a regulatory flexibility analysis of any parties interested in commenting on this rule subject to notice and comment rule should do so at this time. If no such C. Executive Order 13045 rulemaking requirements unless the comments are received, the public is Protection of Children from agency certifies that the rule will not advised that this rule is effective on May Environmental Health Risks and Safety have a significant economic impact on 23, 2000 and no further action will be Risks (62 FR 19885, April 23, 1997), a substantial number of small entities. taken on the proposed rule. applies to any rule that: (1) is Small entities include small businesses,

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Section 52.220 is amended by but simply approve requirements that the Comptroller General of the United adding paragraphs (c)(190)(i)(A)(2), the State is already imposing. Therefore, States prior to publication of the rule in (244)(i)(A)(5), and (244)(i)(F) to read as because the Federal SIP approval does the Federal Register. A major rule follows: not create any new requirements, I cannot take effect until 60 days after it certify that this action will not have a is published in the Federal Register. § 52.220 Identification of plan. significant economic impact on a This rule is not a ‘‘major’’ rule as * * * * * substantial number of small entities. defined by 5 U.S.C. 804(2). Moreover, due to the nature of the (c) * * * Federal-State relationship under the H. National Technology Transfer and (190) * * * Clean Air Act, preparation of flexibility Advancement Act (i) * * * (A) * * * analysis would constitute Federal Section 12 of the National Technology (2) Rule 74.2 revised on August 11, inquiry into the economic Transfer and Advancement Act 1992. reasonableness of state action. The (NTTAA) of 1995 requires Federal Clean Air Act forbids EPA to base its agencies to evaluate existing technical * * * * * (244) * * * actions concerning SIPs on such standards when developing a new (i) * * * grounds. Union Electric Co. v. U.S. EPA, regulation. To comply with NTTAA, (A) * * * 427 U.S. 246, 255–66 (1976); 42 U.S.C. EPA must consider and use ‘‘voluntary (5) Rule 426 revised December 18, 7410(a)(2). consensus standards’’ (VCS) if available 1996. F. Unfunded Mandates and applicable when developing programs and policies unless doing so * * * * * Under Section 202 of the Unfunded would be inconsistent with applicable (F) Santa Barbara County Air Mandates Reform Act of 1995 law or otherwise impractical. Pollution Control District. (‘‘Unfunded Mandates Act’’), signed The EPA believes that VCS are (1) Rule 323 revised July 18, 1996. into law on March 22, 1995, EPA must inapplicable to this action. Today’s * * * * * prepare a budgetary impact statement to action does not require the public to [FR Doc. 00–7227 Filed 3–23–00; 8:45 am] accompany any proposed or final rule perform activities conducive to the use BILLING CODE 6560±50±P that includes a Federal mandate that of VCS. may result in estimated annual costs to State, local, or tribal governments in the I. Petitions for Judicial Review ENVIRONMENTAL PROTECTION aggregate; or to the private sector, of Under section 307(b)(1) of the Clean AGENCY $100 million or more. Under Section Air Act, petitions for judicial review of 205, EPA must select the most cost- this action must be filed in the United 40 CFR Part 55 effective and least burdensome States Court of Appeals for the [FRL±6563±9] alternative that achieves the objectives appropriate circuit by May 23, 2000. of the rule and is consistent with Filing a petition for reconsideration by Outer Continental Shelf Air statutory requirements. Section 203 the Administrator of this final rule does Regulations Consistency Update for requires EPA to establish a plan for not affect the finality of this rule for the California informing and advising any small purposes of judicial review nor does it governments that may be significantly extend the time within which a petition AGENCY: Environmental Protection or uniquely impacted by the rule. for judicial review may be filed, and Agency (‘‘EPA’’) EPA has determined that the approval shall not postpone the effectiveness of ACTION: Final rule—consistency update. action promulgated does not include a such rule or action. This action may not SUMMARY: Federal mandate that may result in be challenged later in proceedings to EPA is finalizing the update estimated annual costs of $100 million enforce its requirements. (See section of the Outer Continental Shelf (‘‘OCS’’) or more to either State, local, or tribal 307(b)(2).) Air Regulations proposed in the Federal governments in the aggregate, or to the Register on November 19, 1999, August private sector. This Federal action List of Subjects in 40 CFR Part 52 19, 1999, May 27, 1999, August 6, 1998, approves pre-existing requirements Environmental protection, Air January 16, 1998, August 23, 1997, July under State or local law, and imposes pollution control, Hydrocarbons, 16, 1997, December 16, 1996, and July no new requirements. Accordingly, no Incorporation by reference, 9, 1996. Requirements applying to OCS additional costs to State, local, or tribal Intergovernmental relations, Ozone, sources located within 25 miles of governments, or to the private sector, Reporting and recordkeeping states’ seaward boundaries must be result from this action. requirements, Volatile organic updated periodically to remain compounds. consistent with the requirements of the G. Submission to Congress and the corresponding onshore area (‘‘COA’’), as Comptroller General Dated: March 10, 2000. mandated by section 328(a)(1) of the The Congressional Review Act, 5 Felicia Marcus, Clean Air Act Amendments of 1990 U.S.C. 801 et seq., as added by the Small Regional Administrator, Region IX. (‘‘the Act’’). The portion of the OCS air Business Regulatory Enforcement Part 52, Chapter I, Title 40 of the Code regulations that is being updated Fairness Act of 1996, generally provides of Federal Regulations is amended as pertains to the requirements for OCS that before a rule may take effect, the follows: sources for which the Santa Barbara

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County Air Pollution Control District, Obispo County APCD, South Coast and reasonably feasible alternatives San Luis Obispo County Air Pollution AQMD, Ventura County APCD, and considered by the Agency. Control District, South Coast Air Quality State of California. These requirements This rule is not subject to Executive Management District, and Ventura are being promulgated in response to Order 13045 because it does not involve County Air Pollution Control District the submittal of rules from local air decisions intended to mitigate are the designated COAs and pollution control agencies and the State environmental health or safety risks. requirements submitted by the State of of California. EPA has evaluated the C. Executive Order 13084 California. The intended effect of proposed requirements to ensure that approving the requirements contained they are rationally related to the Under Executive Order 13084, in ‘‘Santa Barbara County Air Pollution attainment or maintenance of federal or Consultation and Coordination with Control District Requirements state ambient air quality standards or Indian Tribal Governments, EPA may Applicable to OCS Sources’ (February, Part C of title I of the Act, that they are not issue a regulation that is not 2000), ‘‘San Luis Obispo County Air not designed expressly to prevent required by statute, that significantly Pollution Control District Requirements exploration and development of the affects or uniquely affects the Applicable to OCS Sources’’ (February, OCS and that they are applicable to OCS communities of Indian tribal 2000), ‘‘South Coast Air Quality sources. 40 CFR 55.1. EPA has also governments, and that imposes Management District Requirements evaluated the rules to ensure that they substantial direct compliance costs on Applicable to OCS Sources’ (Part I, II are not arbitrary or capricious. 40 CFR those communities, unless the Federal and III) (February, 2000), ‘‘Ventura 55.12(e). In addition, EPA has excluded government provides the funds County Air Pollution Control District administrative or procedural rules. necessary to pay the direct compliance Requirements Applicable to OCS A 30-day public comment period was costs incurred by the tribal governments. If the mandate is Sources’ (February, 2000), and ‘‘State of provided in each Proposed Rule, and no unfunded, EPA must provide to the California Requirements Applicable to comments were received. OCS Sources’’ (February, 2000) is to Office of Management and Budget, in a regulate emissions from OCS sources in EPA Action separately identified section of the accordance with the requirements In this document, EPA takes final preamble to the rule, a description of onshore. action to incorporate the proposed the extent of EPA’s prior consultation changes into 40 CFR part 55. No with representatives of affected tribal DATES: This action is effective April 24, governments, a summary of the nature 2000. changes were made to the Proposed Rules listed in table 1. EPA is approving of their concerns, and a statement ADDRESSES: Copies of the documents supporting the need to issue the relevant to this action are available for the proposed actions as modified under section 328(a)(1) of the Act, 42 U.S.C. regulation. public inspection during normal In addition, Executive Order 13084 7627. Section 328(a) of the Act requires business hours at the following requires EPA to develop an effective that EPA establish requirements to locations: process permitting elected and other control air pollution from OCS sources Rulemaking Section (A–5–3), Air and representatives of Indian tribal located within 25 miles of states’ Toxics Division, U.S. Environmental governments ‘‘to provide meaningful seaward boundaries that are the same as Protection Agency, Region IX, 75 and timely input in the development of onshore requirements. To comply with Hawthorne Street, San Francisco, CA regulatory policies on matters that this statutory mandate, EPA must 94105. significantly or uniquely affect their incorporate applicable onshore rules Environmental Protection Agency communities.’’ Today’s rule does not into Part 55 as they exist onshore. (LE–6102), 401 ‘‘M’’ Street, SW, Room significantly or uniquely affect the M–1500, Washington, D.C. 20460. Administrative Requirements communities of Indian tribal FOR FURTHER INFORMATION CONTACT: governments. Accordingly, the A. Executive Order 12866 Christine Vineyard, Air and Toxics requirements of section 3(b) of Division (AIR–4), U.S. EPA Region IX, The Office of Management and Budget Executive Order 13084 do not apply to 75 Hawthorne Street, San Francisco, CA (OMB) has exempted this regulatory this rule. 94105, Telephone: (415) 744–1197. action from Executive Order 12866, D. Executive Order 13132 SUPPLEMENTARY INFORMATION: entitled ‘‘Regulatory Planning and Review.’’ Executive Order 13132, entitled Background Federalism (64 FR 43255, August 10, B. Executive Order 13045 1999) revokes and replaces Executive TABLE 1 Executive Order 13045, entitled Orders 12612, Federalism and 12875, Protection of Children from Enhancing the Intergovernmental Date of Proposed Federal Register cita- Rule tion Environmental Health Risks and Safety Partnership. Executive Order 13132 Risks (62 FR 19885, April 23, 1997), requires EPA to develop an accountable November 19, 1999 .. 64 FR 63271. applies to any rule that: (1) Is process to ensure ‘‘meaningful and August 19, 1999 ...... 64 FR 45217. determined to be ‘‘economically timely input by State and local officials May 27, 1999 ...... 64 FR 29775. significant’’ as defined under Executive in the development of regulatory August 6, 1998 ...... 63 FR 41991. Order 12866, and (2) concerns an policies that have federalism January 19, 1998 ...... 63 FR 8642. August 23, 1997 ...... 62 FR 45604. environmental health or safety risk that implications.’’ ‘‘Policies that have July 16, 1997 ...... 62 FR 38047. EPA has reason to believe may have a federalism implications’’ is defined in December 16, 1996 .. 61 FR 66003. disproportionate effect on children. If the Executive Order to include July 9, 1996 ...... 61 FR 36012. the regulatory action meets both criteria, regulations that have ‘‘substantial direct the Agency must evaluate the effects on the States, on the relationship On the dates listed in Table 1, EPA environmental health or safety effects of between the national government and proposed to approve requirements into the planned rule on children, and the States, or on the distribution of the OCS Air Regulations pertaining to explain why the planned regulation is power and responsibilities among the Santa Barbara County APCD, San Luis preferable to other potentially effective various levels of government.’’ Under

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Executive Order 13132, EPA may not F. Unfunded Mandates and applicable when developing issue a regulation that has federalism Under Section 202 of the Unfunded programs and policies unless doing so implications, that imposes substantial Mandates Reform Act of 1995 would be inconsistent with applicable direct compliance costs, and that is not (‘‘Unfunded Mandates Act’’), signed law or otherwise impractical. The EPA believes that VCS are required by statute, unless the Federal into law on March 22, 1995, EPA must inapplicable to this action. Today’s government provides the funds prepare a budgetary impact statement to action does not require the public to necessary to pay the direct compliance accompany any proposed or final rule perform activities conducive to the use costs incurred by State and local that includes a Federal mandate that of VCS. governments, or EPA consults with may result in estimated annual costs to State and local officials early in the State, local, or tribal governments in the I. Petitions for Judicial Review process of developing the proposed aggregate; or to private sector, of $100 Under section 307(b)(1) of the Clean regulation. EPA also may not issue a million or more. Under Section 205, Air Act, petitions for judicial review of regulation that has federalism EPA must select the most cost-effective this action must be filed in the United implications and that preempts State and least burdensome alternative that States Court of Appeals for the law unless the Agency consults with achieves the objectives of the rule and appropriate circuit by May 23, 2000. State and local officials early in the is consistent with statutory Filing a petition for reconsideration by process of developing the proposed requirements. Section 203 requires EPA the Administrator of this final rule does regulation. to establish a plan for informing and not affect the finality of this rule for the This rule will not have substantial advising any small governments that purposes of judicial review nor does it direct effects on the States, on the may be significantly or uniquely extend the time within which a petition relationship between the national impacted by the rule. for judicial review may be filed, and government and the States, or on the EPA has determined that the approval shall not postpone the effectiveness of distribution of power and action promulgated does not include a such rule or action. This action may not responsibilities among the various Federal mandate that may result in be challenged later in proceedings to levels of government, as specified in estimated annual costs of $100 million enforce its requirements. (See section Executive Order 13132 (64 FR 43255, or more to either State, local, or tribal 307(b)(2).) governments in the aggregate, or to the August 10, 1999), because it merely List of Subjects in 40 CFR Part 55 approves a state rule implementing a private sector. This Federal action approves pre-existing requirements federal standard, and does not alter the Environmental protection, under State or local law, and imposes relationship or the distribution of power Administrative practice and procedures, no new requirements. Accordingly, no and responsibilities established in the Air pollution control, Hydrocarbons, additional costs to State, local, or tribal Clean Air Act. Thus, the requirements of Intergovernmental relations, Nitrogen governments, or to the private sector, section 6 of the Executive Order do not dioxide, Nitrogen oxides, Outer result from this action. apply to this rule. Continental Shelf, Ozone, Particulate G. Submission to Congress and the matter, Permits, Reporting and E. Regulatory Flexibility Act Comptroller General recordkeeping requirements, Sulfur oxides. The Regulatory Flexibility Act (RFA) The Congressional Review Act, 5 generally requires an agency to conduct U.S.C. 801 et seq., as added by the Small Dated: March 15, 2000. a regulatory flexibility analysis of any Business Regulatory Enforcement Felicia Marcus, rule subject to notice and comment Fairness Act of 1996, generally provides Regional Administrator, Region IX. rulemaking requirements unless the that before a rule may take effect, the Title 40, Chapter I of the Code of agency certifies that the rule will not agency promulgating the rule must Federal Regulations, Part 55, is to be have a significant economic impact on submit a rule report, which includes a amended as follows: a substantial number of small entities. copy of the rule, to each House of the Small entities include small businesses, Congress and to the Comptroller General PART 55Ð[AMENDED] small not-for-profit enterprises, and of the United States. EPA will submit a 1. The authority citation for part 55 small governmental jurisdictions. report containing this rule and other continues to read as follows: This final rule will not have a required information to the U.S. Senate, the U.S. House of Representatives, and Authority: Section 328 of the Clean Air Act significant impact on a substantial (42 U.S.C. 7401 et seq.) as amended by Public the Comptroller General of the United number of small entities because Law 101–549. consistency updates under section States prior to publication of the rule in the Federal Register. A major rule 2. Section 55.14 is amended by 328(a) of the Clean Air Act do not create cannot take effect until 60 days after it revising paragraphs (e)(3)(i)(A), any new requirements but simply is published in the Federal Register. (e)(3)(ii)(E), (e)(3)(ii)(F), (e)(3)(ii)(G), and approve requirements that the State is This rule is not a ‘‘major’’ rule as (e)(3)(ii)(H) to read as follows: already imposing. Therefore, because defined by 5 U.S.C. 804(2). the consistency update approval does § 55.14 Requirements that apply to OCS not create any new requirements, I H. National Technology Transfer and sources located within 25 miles of States certify that this action will not have a Advancement Act seaward boundaries, by State. * * * * * significant economic impact on a Section 12 of the National Technology substantial number of small entities. (e) * * * Transfer and Advancement Act (3) * * * Moreover, due to the nature of the (NTTAA) of 1995 requires Federal (i) * * * Federal-State relationship under the agencies to evaluate existing technical (A) State of California Requirements Clean Air Act, preparation of flexibility standards when developing a new Applicable to OCS Sources. analysis would constitute Federal regulation. To comply with NTTAA, (ii) * * * inquiry into the economic EPA must consider and use ‘‘voluntary (E) San Luis Obispo County Air reasonableness of state action. consensus standards’’ (VCS) if available Pollution Control District Requirements

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Applicable to OCS Sources, February Rule 108 Severability (Adopted 11/13/84) Rule 201 Permits Required (Adopted 4/17/ 2000. Rule 113 Continuous Emissions 97) (F) Santa Barbara County Air Monitoring, except F. (Adopted 7/5/77) Rule 202 Exemptions to Rule 201 (Adopted Pollution Control District Requirements Rule 201 Equipment not Requiring a 4/17/97) Applicable to OCS Sources, February Permit, except A.1.b. (Revised 4/26/95) Rule 203 Transfer (Adopted 4/17/97) Rule 202 Permits, except A.4. and A.8. Rule 204 Applications (Adopted 4/17/97) 2000. (Adopted 11/5/91) Rule 205 Standards for Granting (G) South Coast Air Quality Rule 203 Applications, except B. (Adopted Applications (Adopted 4/17/97) Management District Requirements 11/5/91) Rule 206 Conditional Approval of Applicable to OCS Sources (Part I , II Rule 204 Requirements, except B.3. and C. Authority to Construct or Permit to Operate and Part III), February 2000. (Adopted 8/10/93) (Adopted 10/15/91) (H) Ventura County Air Pollution Rule 209 Provision for Sampling and Rule 207 Denial of Application (Adopted Control District Requirements Testing Facilities (Adopted 11/5/91) 10/23/78) Applicable to OCS Sources, February Rule 210 Periodic Inspection, Testing and Rule 210 Fees (Adopted 4/17/97) 2000. Renewal of Permits to Operate (Adopted Rule 212 Emission Statements (Adopted 10/ 11/5/91) 20/92) * * * * * Rule 213 Calculations, except E.4. and F. Rule 301 Circumvention (Adopted 10/23/ 3. Appendix A to CFR Part 55 is (Adopted 8/10/93) 78) amended by revising paragraphs (a)(1) Rule 302 Schedule of Fees (Adopted 6/18/ Rule 302 Visible Emissions (Adopted 10/ and (b)(5), (6), (7), and (8) under the 97) 23/78) Rule 305 Fees for Major Non-Vehicular heading ‘‘California’’ to read as follows: Rule 304 Particulate Matter-Northern Zone Sources (Adopted 9/15/92) (Adopted 10/23/78) Appendix A to 40 CFR Part 55—Listing Rule 401 Visible Emissions (Adopted 8/6/ Rule 305 Particulate Matter Concentration- of State and Local Requirements 76) Southern Zone (Adopted 10/23/78) Incorporated by Reference Into Part 55, Rule 403 Particulate Matter Emissions Rule 306 Dust and Fumes-Northern Zone (Adopted 8/6/76) by State (Adopted 10/23/78) Rule 404 Sulfur Compounds Emission Rule 307 Particulate Matter Emission * * * * * Standards, Limitations and Prohibitions Weight Rate-Southern Zone (Adopted 10/ (Revised 12/6/76) California 23/78) Rule 405 Nitrogen Oxides Emission Rule 308 Incinerator Burning (Adopted 10/ (a) State Requirements Standards, Limitations and Prohibitions 23/78) (1) The following requirements are (Adopted 11/16/93) Rule 309 Specific Contaminants (Adopted contained in State of California Rule 406 Carbon Monoxide Emission 10/23/78) Requirements Applicable to OCS Sources, Standards, Limitations and Prohibitions Rule 310 Odorous Organic Sulfides February 2000. (Adopted 11/14/84) (Adopted 10/23/78) Barclays California Code of Regulations Rule 407 Organic Material Emission Standards, Limitations and Prohibitions Rule 311 Sulfur Content of Fuels (Adopted The following sections of Title 17 10/23/78) Subchapter 6: (Adopted 5/22/96) Rule 411 Surface Coating of Metal Parts and Rule 312 Open Fires (Adopted 10/2/90) 17 § 92000 Definitions (Adopted 5/31/91) Rule 316 Storage and Transfer of Gasoline 17 § 92100 Scope and Policy (Adopted 5/ Products (Adopted 1/28/98) Rule 416 Degreasing Operations (Adopted (Adopted 4/17/97) 31/91) Rule 317 Organic Solvents (Adopted 10/23/ 17 § 92200 Visible Emission Standards 6/18/79) Rule 417 Control of Fugitive Emissions of 78) (Adopted 5/31/91) Rule 318 Vacuum Producing Devices or 17 § 92210 Nuisance Prohibition (Adopted Volatile Organic Compounds (Adopted 2/ 9/93) Systems-Southern Zone (Adopted 10/23/ 5/31/91) 78) 17 § 92220 Compliance with Performance Rule 419 Petroleum Pits, Ponds, Sumps, Rule 321 Solvent Cleaning Operations Standards (Adopted 5/31/91) Well Cellars, and Wastewater Separators (Adopted 9/18/97) 17 § 92400 Visible Evaluation Techniques (Revised 7/12/94) Rule 322 Metal Surface Coating Thinner (Adopted 5/31/91) Rule 422 Refinery Process Turnarounds and Reducer (Adopted 10/23/78) 17 § 92500 General Provisions (Adopted 5/ (Adopted 6/18/79) 31/91) Rule 425 Storage of Volatile Organic Rule 323 Architectural Coatings (Adopted 17 § 92510 Pavement Marking (Adopted 5/ Compounds (Adopted 7/12/94) 7/18/96) 31/91) Rule 427 Marine Tanker Loading (Adopted Rule 324 Disposal and Evaporation of 17 § 92520 Stucco and Concrete (Adopted 4/26/95) Solvents (Adopted 10/23/78) 5/31/91) Rule 429 Oxides of Nitrogen and Carbon Rule 325 Crude Oil Production and 17 § 92530 Certified Abrasive (Adopted 5/ Monoxide Emissions from Electric Power Separation (Adopted 1/25/94) 31/91) Generation Boilers (Revised 11/12/97) Rule 326 Storage of Reactive Organic Liquid 17 § 92540 Stucco and Concrete (Adopted Rule 430 Control of Oxides of Nitrogen Compounds (Adopted 12/14/93) 5/31/91) from Industrial, Institutional, Commercial Rule 327 Organic Liquid Cargo Tank Vessel Boilers, Steam Generators, and Process Loading (Adopted 12/16/85) Health and Safety Code Heaters (Adopted 7/26/95) Rule 328 Continuous Emission Monitoring The following section of Division 26, Part Rule 431 Stationary Internal Combustion (Adopted 10/23/78) 4, Chapter 4, Article 1: Health and Safety Engines (Adopted 11/13/96) Rule 330 Surface Coating of Miscellaneous Code § 42301.13 of seq. Stationary sources: Rule 501 General Burning Provisions Metal Parts and Products (Adopted 4/21/ demolition or removal (chaptered 7/25/96) (Adopted 1/10/89) 95) * * * * * Rule 503 Incinerator Burning, except B.1.a. Rule 331 Fugitive Emissions Inspection and (b) Local Requirements. (Adopted 2/7/89) Maintenance (Adopted 12/10/91) * * * * * Rule 601 New Source Performance Rule 332 Petroleum Refinery Vacuum (5) The following requirements are Standards (Adopted 5/28/97) Producing Systems, Wastewater Separators contained in San Luis Obispo County Air (6) The following requirements are and Process Turnarounds (Adopted 6/11/ Pollution Control District Requirements containing in Santa Barbara County Air 79) Applicable to OCS Sources, February 2000: Pollution Control District Requirements Rule 333 Control of Emissions from Rule 103 Conflicts Between District, State Applicable to OCS Sources, February 2000: Reciprocating Internal Combustion Engines and Federal Rules (Adopted 8/6/76) Rule 102 Definitions (Adopted 5/20/99) (Adopted 4/17/97) Rule 105 Definitions (Adopted 1/24/96) Rule 103 Severability (Adopted 10/23/78) Rule 342 Control of Oxides of Nitrogen Rule 106 Standard Conditions (Adopted 8/ Rule 106 Notice to Comply for Minor (NOX) from Boilers, Steam Generators and 6/76) Violations (Adopted 7/15/99) Process Heaters) (Adopted 4/17/97)

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Rule 343 Petroleum Storage Tank Degassing Rule 208 Permit for Open Burning Rule 518.1 Permit Appeal Procedures for (Adopted 12/14/93) (Adopted 1/5/90) Title V Facilities (Adopted 8/11/95) Rule 344 Petroleum Sumps, Pits, and Well Rule 209 Transfer and Voiding of Permits Rule 518.2 Federal Alternative Operating Cellars (Adopted 11/10/94) (Adopted 1/5/90) Conditions (Adopted 1/12/96) Rule 352 Natural Gas-Fired Fan-Type Rule 210 Applications (Adopted 1/5/90) Rule 701 Air Pollution Emergency Central Furnaces and Residential Water Rule 212 Standards for Approving Permits Contingency Actions (Adopted 6/13/97) Heaters (Adopted 9/16/99) (Adopted 12/7/95) except (c)(3) and (e) Rule 702 Definitions (Adopted 7/11/80) Rule 353 Adhesives and Sealants (Adopted Rule 214 Denial of Permits (Adopted 1/5/ Rule 704 Episode Declaration (Adopted 7/ 8/19/99) 90) 9/82) Rule 359 Flares and Thermal Oxidizers (6/ Rule 217 Provisions for Sampling and Rule 707 Radio—Communication System 28/94) Testing Facilities (Adopted 1/5/90) (Adopted 7/11/80) Rule 370 Potential to Emit—Limitations for Rule 218 Stack Monitoring (Adopted 8/7/ Rule 708 Plans (Adopted 7/9/82) Part 70 Sources (Adopted 6/15/95) 81) Rule 708.1 Stationary Sources Required to Rule 505 Breakdown Conditions Sections Rule 219 Equipment Not Requiring a File Plans (Adopted 4/4/80) A., B.1,. and D. only (Adopted 10/23/78) Written Permit Pursuant to Regulation II Rule 708.2 Content of Stationary Source Rule 603 Emergency Episode Plans (Adopted 12/13/96) Curtailment Plans (Adopted 4/4/80) (Adopted 6/15/81) Rule 220 Exemption—Net Increase in Rule 708.4 Procedural Requirements for Rule 702 General Conformity (Adopted 10/ Emissions (Adopted 8/7/81) Plans (Adopted 7/11/80) 20/94) Rule 221 Plans (Adopted 1/4/85) Rule 709 First Stage Episode Actions Rule 801 New Source Review (Adopted 4/ Rule 301 Permit Fees (Adopted 5/9/97) (Adopted 7/11/80) 17/97) except (e)(6) and Table IV Rule 710 Second Stage Episode Actions Rule 802 Nonattainment Review (Adopted Rule 304 Equipment, Materials, and (Adopted 7/11/80) 4/17/97) Ambient Air Analyses (Adopted 5/9/97) Rule 711 Third Stage Episode Actions Rule 803 Prevention of Significant Rule 304.1 Analyses Fees (Adopted 5/9/97) (Adopted 7/11/80) Deterioration (Adopted 4/17/97) Rule 305 Fees for Acid Deposition Rule 712 Sulfate Episode Actions (Adopted Rule 804 Emission Offsets (Adopted 4/17/ (Adopted 10/4/91) 7/11/80) 97) Rule 306 Plan Fees (Adopted 5/9/97) Rule 715 Burning of Fossil Fuel on Episode Rule 805 Air Quality Impact Analysis and Rule 309 Fees for Regulation XVI Plans Days (Adopted 8/24/77) Modeling (Adopted 4/17/97) (Adopted 5/9/97) Regulation IX—New Source Performance Rule 808 New Source Review for Major Rule 401 Visible Emissions (Adopted 4/7/ Standards (Adopted 1/9/98) Sources of Hazardous Air Pollutants 89) Rule 1106 Marine Coatings Operations (Adopted 5/20/99) (Adopted 1/13/95) Rule 403 Fugitive Dust (Adopted 2/14/97) Rule 1301 Part 70 Operating Permits— Rule 1107 Coating of Metal Parts and Rule 404 Particulate Matter—Concentration General Information (Adopted 4/17/97) Products (Adopted 3/8/96) (Adopted 2/7/86) Rule 1302 Part 70 Operating Permits— Rule 1109 Emissions of Oxides of Nitrogen Rule 405 Solid Particulate Matter—Weight Permit Application (Adopted 11/09/93) for Boilers and Process Heaters in (Adopted 2/7/86) Rule 1303 Part 70 Operating Permits— Petroleum Refineries (Adopted 8/5/88) Permits (Adopted 11/09/93) Rule 407 Liquid and Gaseous Air Rule 1110 Emissions from Stationary Rule 1304 Part 70 Operating Permits— Contaminants (Adopted 4/2/82) Internal Combustion Engines Issuance, Renewal, Modification and Rule 408 Circumvention (Adopted 5/7/76) (Demonstration) (Adopted 11/14/97) Reopening (Adopted 11/09/93) Rule 409 Combustion Contaminants Rule 1110.1 Emissions from Stationary Rule 1305 Part 70 Operating Permits— (Adopted 8/7/81) Internal Combustion Engines (Adopted 10/ Enforcement (Adopted 11/09/93) Rule 429 Start-Up and Shutdown 4/85) Provisions for Oxides of Nitrogen (Adopted (7) The following requirements are Rule 1110.2 Emissions from Gaseous- and 12/21/90) contained in South Coast Air Quality Liquid-Fueled Internal Combustion Rule 430 Breakdown Provisions, (a) and (e) Management District Requirements Engines (Adopted 11/14/97) Applicable to OCS Sources (Part I, II and III), only (Adopted 7/12/96) Rule 1113 Architectural Coatings (Adopted February 2000: Rule 431.1 Sulfur Content of Gaseous Fuels 11/8/96) (Adopted 11/17/95) Rule 1116.1 Lightering Vessel Operations- Rule 102 Definition of Terms (Adopted 6/ Rule 431.2 Sulfur Content of Liquid Fuels 13/97) Sulfur Content of Bunker Fuel (Adopted (Adopted 5/4/90) 10/20/78) Rule 103 Definition of Geographical Areas Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 1/9/76) Rule 1121 Control of Nitrogen Oxides from (Adopted 5/7/76) Rule 104 Reporting of Source Test Data and Residential-Type Natural Gas-Fired Water Rule 441 Research Operations (Adopted 5/ Analyses (Adopted 1/9/76) Heaters (Adopted 3/10/95) 7/76) Rule 108 Alternative Emission Control Rule 1122 Solvent Degreasers (Adopted 7/ Rule 442 Usage of Solvents (Adopted 3/5/ Plans (Adopted 4/6/90) 11/97) Rule 109 Recordkeeping for Volatile 82) Rule 1123 Refinery Process Turnarounds Organic Compound Emissions (Adopted 3/ Rule 444 Open Fires (Adopted 10/2/87) (Adopted 12/7/90) 6/92) Rule 463 Organic Liquid Storage (Adopted Rule 1129 Aerosol Coatings (rescinded 3/8/ Rule 118 Emergencies (Adopted 12/7/95) 3/11/94) 96) Rule 201 Permit to Construct (Adopted 1/5/ Rule 465 Vacuum Producing Devices or Rule 1134 Emissions of Oxides of Nitrogen 90) Systems (Adopted 11/1/91) from Stationary Gas Turbines (Adopted 8/ Rule 201.1 Permit Conditions in Federally Rule 468 Sulfur Recovery Units (Adopted 8/97) Issued Permits to Construct (Adopted 1/5/ 10/8/76) Rule 1136 Wood Products Coatings 90) Rule 473 Disposal of Solid and Liquid (Adopted 6/14/96) Rule 202 Temporary Permit to Operate Wastes (Adopted 5/7/76) Rule 1140 Abrasive Blasting (Adopted 8/2/ (Adopted 5/7/76) Rule 474 Fuel Burning Equipment-Oxides 85) Rule 203 Permit to Operate (Adopted 1/5/ of Nitrogen (Adopted 12/4/81) Rule 1142 Marine Tank Vessel Operations 90) Rule 475 Electric Power Generating (Adopted 7/19/91) Rule 204 Permit Conditions (Adopted 3/6/ Equipment (Adopted 8/7/78) Rule 1146 Emissions of Oxides of Nitrogen 92) Rule 476 Steam Generating Equipment from Industrial, Institutional, and Rule 205 Expiration of Permits to Construct (Adopted 10/8/76) Commercial Boilers, Steam Generators, and (Adopted 1/5/90) Rule 480 Natural Gas Fired Control Devices Process Heaters (Adopted 5/13/94) Rule 206 Posting of Permit to Operate (Adopted 10/7/77); Addendum to Rule 1146.1 Emission of Oxides of Nitrogen (Adopted 1/5/90) Regulation IV (Effective 1977) from Small Industrial, Institutional, and Rule 207 Altering or Falsifying of Permit Rule 518 Variance Procedures for Title V Commercial Boilers, Steam Generators, and (Adopted 1/9/76) Facilities (Adopted 8/11/95) Process Heaters (Adopted 5/13/94)

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Rule 1146.2 Emissions of Oxides of Rule 2100 Registration of Portable Rule 33.2 Part 70 Permits—Application Nitrogen from Large Water Heaters and Equipment (Adopted 7/11/97) Contents (Adopted 10/12/93) Small Boilers (Adopted 1/9/98) XXX Title V Permits Rule 33.3 Part 70 Permits—Permit Content Rule 1148 Thermally Enhanced Oil Rule 3000 General (Adopted 11/14/97) (Adopted 10/12/93) Recovery Wells (Adopted 11/5/82) Rule 3001 Applicability (Adopted 11/14/ Rule 33.4 Part 70 Permits—Operational Rule 1149 Storage Tank Degassing 97) Flexibility (Adopted 10/12/93) (Adopted 7/14/95) Rule 3002 Requirements (Adopted 11/14/ Rule 33.5 Part 70 Permits—Time frames for Rule 1168 Adhesive Applications (Adopted 97) Applications, Review and Issuance 2/13/98) Rule 3003 Applications (Adopted 11/14/97) (Adopted 10/12/93) Rule 1171 Solvent Cleaning Operations Rule 3004 Permit Types and Content Rule 33.6 Part 70 Permits—Permit Term (Adopted 9/13/96) (Adopted 11/14/97) and Permit Reissuance (Adopted 10/12/93) Rule 1173 Fugitive Emissions of Volatile Rule 3005 Permit Revisions (Adopted 11/ Rule 33.7 Part 70 Permits—Notification Organic Compounds (Adopted 5/13/94) 14/97) (Adopted 10/12/93) Rule 1176 VOC Emissions from Wastewater Rule 3006 Public Participation (Adopted Rule 33.8 Part 70 Permits—Reopening of Systems (Adopted 9/13/96) 11/14/97) Permits (Adopted 10/12/93) Rule 1301 General (Adopted 12/7/95) Rule 3007 Effect of Permit (Adopted 10/8/ Rule 33.9 Part 70 Permits—Compliance Rule 1302 Definitions (Adopted 12/7/95) 93) Provisions (Adopted 10/12/93) Rule 1303 Requirements (Adopted 5/10/96) XXXI Acid Rain Permit Program (Adopted Rule 33.10 Part 70 Permits—General Part 70 Rule 1304 Exemptions (Adopted 6/14/96) 2/10/95) Permits (Adopted 10/12/93) Rule 1306 Emission Calculations (Adopted (8) The following requirements are Rule 34 Acid Deposition Control (Adopted 6/14/96) contained in Ventura County Air Pollution 3/14/95) Rule 1313 Permits to Operate (Adopted 12/ Control District Requirements Applicable to Rule 35 Elective Emission Limits (Adopted 7/95) OCS Sources, February 2000: 11/12/96) Rule 1403 Asbestos Emissions from Rule 36 New Source Review—Hazardous Demolition/Renovation Activities Rule 2 Definitions (Adopted 11/10/98) Rule 5 Effective Date (Adopted 5/23/72) Air Pollutants (Adopted 10/6/98) (Adopted 4/8/94) Rule 42 Permit Fees (Adopted 6/22/99) Rule 1605 Credits for the Voluntary Repair Rule 6 Severability (Adopted 11/21/78) Rule 7 Zone Boundaries (Adopted 6/14/77) Rule 44 Exemption Evaluation Fee of On-Road Vehicles Identified Through (Adopted 9/10/96) Remote Sensing Devices (Adopted 10/11/ Rule 10 Permits Required (Adopted 6/13/ 95) Rule 45 Plan Fees (Adopted 6/19/90) 96) Rule 45.2 Asbestos Removal Fees (Adopted Rule 1610 Old-Vehicle Scrapping (Adopted Rule 11 Definition for Regulation II 8/4/92) 5/9/97) (Adopted 6/13/95) Rule 47 Source Test, Emission Monitor, and Rule 1612 Credits for Clean On-Road Rule 12 Application for Permits (Adopted Call-Back Fees (Adopted 6/22/99) Vehicles (Adopted 9/8/95) 6/13/95) Rule 50 Opacity (Adopted 2/20/79) Rule 1620 Credits for Clean Off-Road Rule 13 Action on Applications for an Rule 52 Particulate Matter-Concentration Mobile Equipment (Adopted 9/8/95) Authority to Construct (Adopted 6/13/95) Rule 1701 General (Adopted 1/6/89) Rule 14 Action on Applications for a Permit (Adopted 5/23/72) Rule 1702 Definitions (Adopted 1/6/89) to Operate (Adopted 6/13/95) Rule 53 Particulate Matter-Process Weight Rule 1703 PSD Analysis (Adopted 10/7/88) Rule 15.1 Sampling and Testing Facilities (Adopted 7/18/72) Rule 1704 Exemptions (Adopted 1/6/89) (Adopted 10/12/93) Rule 54 Sulfur Compounds (Adopted 6/14/ Rule 1706 Emission Calculations (Adopted Rule 16 BACT Certification (Adopted 6/13/ 94) 1/6/89) 95) Rule 56 Open Fires (Adopted 3/29/94) Rule 1713 Source Obligation (Adopted 10/ Rule 19 Posting of Permits (Adopted 5/23/ Rule 57 Combustion Contaminants— 7/88) 72) Specific (Adopted 6/14/77) Regulation XVII Appendix (effective 1977) Rule 20 Transfer of Permit (Adopted 5/23/ Rule 60 New Non-Mobile Equipment-Sulfur Rule 1901 General Conformity (Adopted 9/ 72) Dioxide, Nitrogen Oxides, and Particulate 9/94) Rule 23 Exemptions from Permits (Adopted Matter (Adopted 7/8/72) Rule 2000 General (Adopted 4/11/97) 7/9/96) Rule 62.7 Asbestos—Demolition and Rule 2001 Applicability (Adopted 2/14/97) Rule 24 Source Recordkeeping, Reporting, Renovation (Adopted 6/16/92) Rule 2002 Allocations for Oxides of and Emission Statements (Adopted 9/15/ Rule 63 Separation and Combination of Emissions (Adopted 11/21/78) Nitrogen (NOX) and Oxides of Sulfur (Sox) 92) Emissions (Adopted 2/14/97) Rule 26 New Source Review (Adopted 10/ Rule 64 Sulfur Content of Fuels (Adopted Rule 2004 Requirements (Adopted 7/12/96) 22/91) 4/13/99) except (l) Rule 26.1 New Source Review—Definitions Rule 67 Vacuum Producing Devices Rule 2005 New Source Review for (Adopted 1/13/98) (Adopted 7/5/83) RECLAIM (Adopted 2/14/97) except (i) Rule 26.2 New Source Review— Rule 68 Carbon Monoxide (Adopted 6/14/ Rule 2006 Permits (Adopted 12/7/95) Requirements (Adopted 1/13/98) 77) Rule 2007 Trading Requirements (Adopted Rule 26.3 New Source Review—Exemptions Rule 71 Crude Oil and Reactive Organic 12/7/95) (Adopted 1/13/98) Compound Liquids (Adopted 12/13/94) Rule 2008 Mobile Source Credits (Adopted Rule 26.6 New Source Review— Rule 71.1 Crude Oil Production and 10/15/93) Calculations (Adopted 1/13/98) Separation (Adopted 6/16/92) Rule 2010 Administrative Remedies and Rule 26.8 New Source Review—Permit To Rule 71.2 Storage of Reactive Organic Sanctions (Adopted 10/15/93) Operate (Adopted 10/22/91) Compound Liquids (Adopted 9/26/89) Rule 2011 Requirements for Monitoring, Rule 26.10 New Source Review—PSD Rule 71.3 Transfer of Reactive Organic Reporting, and Recordkeeping for Oxides (Adopted 1/13/98) Compound Liquids (Adopted 6/16/92) of Sulfur (SOX) Emissions (Adopted 4/11/ Rule 28 Revocation of Permits (Adopted 7/ Rule 71.4 Petroleum Sumps, Pits, Ponds, 97) 18/72) and Well Cellars (Adopted 6/8/93) Appendix A Volume IV—(Protocol for Rule 29 Conditions on Permits (Adopted Rule 71.5 Glycol Dehydrators (Adopted 12/ oxides of sulfur) (Adopted 3/10/95) 10/22/91) 13/94) Rule 2012 Requirements for Monitoring, Rule 30 Permit Renewal (Adopted 5/30/89) Rule 72 New Source Performance Standards Reporting, and Recordkeeping for Oxides Rule 32 Breakdown Conditions: Emergency (NSPS) (Adopted 9/10/96) of Nitrogen (NOX) Emissions (Adopted 4/ Variances, A., B.1., and D. only. (Adopted Rule 74 Specific Source Standards 11/97) 2/20/79) (Adopted 7/6/76) Appendix A Volume V—(Protocol for Rule 33 Part 70 Permits—General (Adopted Rule 74.1 Abrasive Blasting (Adopted 11/ oxides of nitrogen) (Adopted 3/10/95) 10/12/93) 12/91) Rule 2015 Backstop Provisions (Adopted 2/ Rule 33.1 Part 70 Permits—Definitions Rule 74.2 Architectural Coatings (Adopted 14/97) except (B)(1)(G) and (b)(3)(B) (Adopted 10/12/93) 08/11/92)

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Rule 74.6 Surface Cleaning and Degreasing Rule 220 General Conformity (Adopted 5/9/ carryover adjustments to the 12-month (Adopted 11/10/98) 95) directed catch quota for the North Rule 74.6.1 Cold Cleaning Operations * * * * * Atlantic swordfish fishery must to be (Adopted 7/9/96) [FR Doc. 00–7327 Filed 3–23–00; 8:45 am] apportioned equally between the two Rule 74.6.2 Batch Loaded Vapor Degreasing BILLING CODE 6560±50±P semiannual periods. Under 50 CFR Operations (Adopted 7/9/96) 635.27(c)(2)(ii), incidental catch for Rule 74.7 Fugitive Emissions of Reactive North Atlantic swordfish may be Organic Compounds at Petroleum DEPARTMENT OF COMMERCE reallocated to the directed catch quota if Refineries and Chemical Plants (Adopted not expected to be taken in the 10/10/95) incidental fishery before the end of the Rule 74.8 Refinery Vacuum Producing National Oceanic and Atmospheric Administration fishing year. Systems, Waste-water Separators and There is no ICCAT recommendation Process Turnarounds (Adopted 7/5/83) to modify the South Atlantic swordfish Rule 74.9 Stationary Internal Combustion 50 CFR Part 635 quota based on over or under harvests Engines (Adopted 12/21/93) [I.D. 102299B] Rule 74.10 Components at Crude Oil in prior years. Therefore, the annual quota for South Atlantic swordfish Production Facilities and Natural Gas Atlantic Highly Migratory Species; remains at the current quota level of 289 Production and Processing Facilities Swordfish Quota Adjustment (Adopted 3/10/98) mt dw. There is no incidental catch Rule 74.11 Natural Gas-Fired Residential AGENCY: National Marine Fisheries quota in the South Atlantic swordfish Water Heaters-Control of NOX (Adopted 4/ Service (NMFS), National Oceanic and fishery. 9/85) Atmospheric Administration (NOAA), Adjusted Catch Quotas Rule 74.11.1 Large Water Heaters and Small Commerce. The adjusted annual directed fishery Boilers (Adopted 9/14/99) ACTION: Adjustment of annual catch quota for North Atlantic swordfish for Rule 74.12 Surface Coating of Metal Parts quotas. and Products (Adopted 9/10/96) the 1998 fishing year was 2,392.3 mt Rule 74.15 Boilers, Steam Generators and SUMMARY: NMFS adjusts the June 1, dw. The adjusted quota for incidental Process Heaters (5MM BTUs and greater) 1999, through May 31, 2000, directed harvests of North Atlantic swordfish for (Adopted 11/8/94) category quota for North Atlantic the 1998 fishing year was 314.6 mt dw Rule 74.15.1 Boilers, Steam Generators and swordfish to account for underharvest (64 FR 4059, January 27, 1999). Process Heaters (1–5MM BTUs) (Adopted from the prior fishing year. The directed The initial annual directed fishery 6/13/95) category annual quota is adjusted to quota for North Atlantic swordfish for Rule 74.16 Oil Field Drilling Operations 2,427.38 metric tons dressed weight (mt the 1999 fishing year (June 1, 1999, (Adopted 1/8/91) dw). The 1999–2000 season for North through May 31, 2000) was previously Rule 74.20 Adhesives and Sealants Atlantic swordfish incidental catch established at 2033.2 mt dw and is (Adopted 1/14/97) category quota remains at 300 mt dw. divided into two equal semiannual Rule 74.23 Stationary Gas Turbines quotas of 1016.6 mt dw, one for June 1 (Adopted 10/10/95) The annual directed catch category quota for the South Atlantic swordfish through November 30, 1999, and the Rule 74.24 Marine Coating Operations other for December 1, 1999, through (Adopted 9/10/96) fishery remains at 289 mt dw. This action is required under management May 31 of 2000 (63 FR 31710, June 10, Rule 74.24.1 Pleasure Craft Coating and 1998). The initial catch quota for Commercial Boatyard Operations (Adopted measures adopted in the Fishery incidental harvests of North Atlantic 11/10/98) Management Plan for Atlantic Tunas, Rule 74.26 Crude Oil Storage Tank Swordfish, and Sharks (HMS FMP), and swordfish for the 1999 fishing year is Degassing Operations (Adopted 11/8/94) is consistent with the criteria for 300 mt dw. Rule 74.27 Gasoline and ROC Liquid swordfish quota transfers established at The harvest of North Atlantic Storage Tank Degassing Operations 50 CFR part 635. swordfish in the directed catch category for the 1998 fishing year is estimated to (Adopted 11/8/94) DATES: Effective March 21, 2000. Rule 74.28 Asphalt Roofing Operations be 2,308.3 mt dw, or 84.0 mt dw below FOR FURTHER INFORMATION CONTACT: (Adopted 5/10/94) the directed catch quota of 2,392.3 mt Rule 74.30 Wood Products Coatings Steve Meyers or Jill Stevenson at 301– dw. Additionally, the harvest of North (Adopted 9/10/96) 713–2347; Fax: 301–713–1917. Atlantic swordfish in the incidental Rule 75 Circumvention (Adopted 11/27/78) SUPPLEMENTARY INFORMATION: Analysis catch category for the 1998 fishing year Rule 76 Federally Enforceable Limits on of reported landings for the directed was 4.4 mt dw, or 310.2 mt dw below Potential to Emit (Adopted 10/10/95) North Atlantic swordfish fishery, the the incidental catch quota of 314.6 mt Rule 100 Analytical Methods (Adopted 7/ North Atlantic incidental swordfish dw. 18/72) fishery, and the South Atlantic directed The 84.0 mt dw underage from the Rule 101 Sampling and Testing Facilities swordfish fishery indicate that the directed catch quota and the 310.2 mt (Adopted 5/23/72) quotas for those fisheries were not dw underage from the incidental catch Rule 102 Source Tests (Adopted 11/21/78) exceeded during the 1998 fishing year quota for the 1998 fishing year are Rule 103 Continuous Monitoring Systems (June 1, 1998, through May 31, 1999). added to the directed catch quota for the (Adopted 2/9/99) Under 50 CFR 635.27(c)(3)(ii), if total 1999 fishing year, for a revised North Rule 154 Stage 1 Episode Actions (Adopted landings are above or below the specific Atlantic swordfish directed catch quota 9/17/91) Rule 155 Stage 2 Episode Actions (Adopted North Atlantic swordfish annual quotas, of 2,427.4 mt dw. This adjusted annual 9/17/91) they must be subtracted from, or added quota is divided into 2 equal Rule 156 Stage 3 Episode Actions (Adopted to, the following year’s quota for that semiannual catch quotas of 1,213.7 mt 9/17/91) management area, provided quota dw, one for June 1, 1999, through Rule 158 Source Abatement Plans (Adopted modifications are consistent with November 30, 1999, and the other for 9/17/91) applicable International Commission for December 1, 1999, through May 31, Rule 159 Traffic Abatement Procedures the Conservation of Atlantic Tunas 2000. NMFS is currently examining (Adopted 9/17/91) (ICCAT) recommendations. Further, any landings reports from the first semi-

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Proposed Rules Federal Register Vol. 65, No. 58

Friday, March 24, 2000

This section of the FEDERAL REGISTER of Executive Order 13106 of December Section 5304(g) of title 5, United contains notices to the public of the proposed 7, 1998, delegated the President’s States Code, provides that locality rates issuance of rules and regulations. The authority under section 5304(g) of title approved for certain categories of non- purpose of these notices is to give interested 5, United States Code, to determine GS employees specified in 5 U.S.C. persons an opportunity to participate in the 5304(h)(1)(A)–(E), including members of rule making prior to the adoption of the final such limitations to the President’s Pay rules. Agent. To provide consistent treatment the SES and ALJs, are capped at the rate between General Schedule (GS) and for level III of the Executive Schedule. non-GS employees receiving locality Section 5304(g) provides that a level III OFFICE OF PERSONNEL payments, OPM proposes to provide locality pay cap applies to ‘‘any MANAGEMENT that (1) non-GS positions whose positions under subsection (h)(1)(F) maximum scheduled annual rate of pay which the President may determine.’’ 5 CFR Part 531 is less than or equal to the maximum Subsection (h)(1)(F) is a catch-all RIN 3206±AI81 payable scheduled annual rate of pay for category of non-GS positions to which GS–15 will be subject to a locality pay locality pay may be extended. This Locality-Based Comparability cap equal to the rate for level IV of the catch-all category includes Executive Payments Executive Schedule, and (2) non-GS agency positions not otherwise listed in positions whose maximum scheduled the law whose rates of basic pay are AGENCY: Office of Personnel annual rate of pay exceeds the limited to not more than the rate for Management. maximum payable scheduled annual level IV of the Executive Schedule. If ACTION: Proposed rule with request for rate of pay for GS–15, but is not more the President determines that a level III comments. than the rate for level IV of the cap does not apply to a particular category of non-GS positions, the SUMMARY: The Office of Personnel Executive Schedule, will be subject to a Management is issuing proposed locality pay cap equal to the rate for locality pay cap for those positions is regulations to clarify and redefine the level III of the Executive Schedule. (See automatically set at level IV of the limitations on locality rates of pay for the definition of scheduled annual rate Executive Schedule (i.e., the locality categories of non-General Schedule of pay in 5 CFR 531.602, as revised in pay cap for GS employees). (See 5 employees approved by the President’s these proposed regulations.) U.S.C. 5304(g)(1).) Pay Agent to receive locality-based Since the inception of locality pay in Background comparability payments. This proposed January 1994, the President’s Pay Agent has approved locality pay for a number change was prompted by a recent Locality-based comparability of non-GS categories of positions under Executive order that delegated the payments are authorized under 5 U.S.C. its delegated authority. However, President’s authority to establish such 5304. By law, locality payments Executive Order 12883 did not delegate limitations to the President’s Pay Agent. automatically apply to General The proposed regulations would ensure to the Pay Agent the President’s Schedule employees. The maximum authority to determine whether the level that all employees receiving locality rate of basic pay (excluding locality payments are treated consistently. IV or level III locality pay cap should payments) for GS employees is the rate apply to any group of non-GS positions DATES: Comments must be received on for GS–15, step 10, subject to a cap or before May 23, 2000. under 5 U.S.C. 5304(h)(1)(F) to whom linked to the rate of pay for level V of locality pay is extended. Locality pay ADDRESSES: Comments may be sent or the Executive Schedule. (See 5 U.S.C. extension decisions for these positions delivered to Donald J. Winstead, 5303(f).) GS rates of basic pay adjusted were interpreted as automatically Assistant Director for Compensation by locality payments are capped at the carrying a level III cap. (See 5 CFR Administration, Workforce rate of pay for level IV of the Executive 531.604(c).) Section 8 of Executive Compensation and Performance Service, Schedule. (See 5 U.S.C. 5304(g)(1).) Order 13106 of December 7, 1998, has Office of Personnel Management, Room The locality pay law provides that the now delegated to the Pay Agent the 7H31, 1900 E Street NW., Washington, President may extend locality payments President’s authority to determine when DC 20415–8200 (FAX: (202) 606–0824 to various groups outside the GS pay the level III cap should apply to such or email: [email protected]). system, such as members of the Senior non-GS employees. FOR FURTHER INFORMATION CONTACT: Executive Service (SES), administrative Proposed Regulations Vincent Donahue, (202) 606–2858, FAX: law judges (ALJs), and other groups for (202) 606–0824, or email: which basic pay is limited to no more The proposed regulations provide a [email protected]. than the rate of pay for level IV of the rule for determining the locality pay cap SUPPLEMENTARY INFORMATION: The Office Executive Schedule. (See 5 U.S.C. for non-GS positions for which the of Personnel Management (OPM) 5304(h).) Executive Order 12883 of President’s Pay Agent approves the proposes to revise the locality pay November 29, 1993, provided that the extension of locality payments. We regulations in subpart F of part 531 of President’s Pay Agent (the Secretary of propose to amend 5 CFR 531.604 to title 5, Code of Federal Regulations, to Labor and the Directors of the Office of clarify that a locality rate of pay may not clarify and redefine the limitations on Management and Budget and the Office exceed the rate for level III of the locality rates of pay for categories of of Personnel Management) may act for Executive Schedule for categories of non-General Schedule employees the President in exercising the authority positions specified in 5 U.S.C. approved by the President’s Pay Agent to extend locality payments to such 5304(h)(1)(A)–(E) (e.g., members of the to receive locality payments. Section 8 non-GS groups. SES and ALJs). The proposed revision of

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§ 531.604 also provides that, for consultants appointed under 5 U.S.C. Subpart C also issued under 5 U.S.C. 5304, categories of non-GS employees under 5 3109 may not exceed the daily rate for 5305, and 5553; sections 302 and 404 of U.S.C. 5304(h)(1)(F), locality rates of GS–15, step 10 (excluding locality pay FEPCA, Pub. L. 101–509, 104 Stat. 1462 and pay may not exceed (1) the rate for level or any other additional pay). (See 5 CFR 1466; and section 3(7) of Pub. L. 102–378, 106 Stat. 1356; IV of the Executive Schedule, if the 304.105.) Subpart D also issued under 5 U.S.C. maximum scheduled annual rate of pay The proposed regulations also clarify 5335(g) and 7701(b)(2); for such positions is less than or equal the definition of employee in § 531.602 Subpart E also issued under 5 U.S.C. 5336; to the maximum payable scheduled to include positions in the Federal Subpart F also issued under 5 U.S.C. 5304, annual rate of pay for GS–15, or (2) the Bureau of Investigation (FBI) and Drug 5305(g)(1), and 5553; E.O. 12883, 58 FR rate for level III of the Executive Enforcement Administration (DEA) SES 63281, 3 CFR, 1993 Comp., p. 682; and E.O. Schedule, if the maximum scheduled under 5 U.S.C. 5304(h)(1)(C) and other 13106, 63 FR 68151, 3 CFR, 1998 Comp., p. annual rate of pay for such positions non-GS employee categories under 224. § 5304(h)(1)(F) for which the President’s Subpart G also issued under 5 U.S.C. 5304, exceeds the maximum payable 5305, and 5553; section 302 of the Federal scheduled annual rate of pay for GS–15, Pay Agent has authorized locality Employees Pay Comparability Act of 1990 but is not more than the rate for level payments. The regulations also amend (FEPCA), Pub. L. 101–509, 104 Stat. 1462; IV of the Executive Schedule. (See the paragraph (4) in the definition of and E.O. 12786, 56 FR 67453, 3 CFR, 1991 definition of scheduled annual rate of scheduled annual rate of pay in Comp., p. 376. pay in 5 CFR 531.602, as revised in § 531.602 to include the rates of basic these proposed regulations.) pay for employees in the FBI and DEA Subpart FÐLocality-Based This proposed rule would fulfill the SES and other categories of non-GS Comparability Payments original intent of the locality pay law by positions for which the Pay Agent has 2. In § 531.602, paragraph (2) of the not automatically providing a level III authorized locality pay. The proposed definition of employee and paragraph cap on locality payments for all groups regulations clarify that the scheduled (4) of the definition of scheduled annual of non-GS employees. This change annual rate of pay for such employees rate of pay are revised to read as would also provide for more consistent must exclude any locality-based pay follows: and equitable treatment of GS and non- adjustments, special basic pay GS employees receiving locality adjustments analogous to special salary § 531.602 Definitions payments. For example, non-GS rates established under 5 U.S.C. 5305, or * * * * * employees with a maximum scheduled other additional pay of any kind. Employee * * * annual rate of pay that is no higher than This rule has been reviewed and (2) An employee in a category of the rate of basic pay for GS–15, step 10, approved by the President’s Pay Agent positions described in 5 U.S.C. would have the same locality pay cap as (the Secretary of Labor and the Directors 5304(h)(1)(A)–(F) for which the GS employees. of the Office of Management and Budget President (or designee) has authorized The proposed regulations include pay and the Office of Personnel locality-based comparability payments protection for any employee who Management). under 5 U.S.C. 5304(h)(2) and whose otherwise would suffer a reduction in E.O. 12866, Regulatory Review official duty station is located in a his or her locality rate of pay under the locality pay area. proposed locality pay cap provisions. This rule has been reviewed by the Office of Management and Budget in * * * * * Although no employee would suffer an Scheduled annual rate of pay *** accordance with Executive Order 12866. immediate reduction in pay, it is (4) For an employee in a category of possible that the locality pay cap for a Regulatory Flexibility Act positions described in 5 U.S.C. group of non-GS employees could be I certify that these regulations would 5304(h)(1)(A)–(F) for which the reduced from level III to level IV of the President (or designee) has authorized Executive Schedule as GS rates of basic not have a significant economic impact on a substantial number of small entities locality-based comparability payments pay increase. This could occur if the under 5 U.S.C. 5304(h)(2), the rate of rate of basic pay for GS–15, step 10, because they would apply only to Federal agencies and employees. basic pay fixed by law or administrative becomes equal to or exceeds the action, exclusive of any locality-based maximum scheduled annual rate of pay List of Subjects in 5 CFR Part 531 adjustments (including adjustments for a non-GS group. To prevent Government employees, Law equivalent to local special rate reductions in pay that would otherwise enforcement officers, Wages. adjustments under 5 U.S.C. 5305) or occur, the regulations cap an affected other additional pay of any kind. employee’s locality rate at the higher of Office of Personnel Management. 3. In § 531.604, paragraph (c) is (1) his or her locality rate on the day revised and a new paragraph (d) is Janice R. Lachance, before the scheduled annual rate of pay added to read as follows: for GS–15, step 10, becomes equal to or Director. exceeds the maximum scheduled Accordingly, OPM is proposing to § 531.604 Determining locality rates of annual rate of pay for the group of non- amend part 531 of title 5 of the Code of pay. GS employees or (2) the rate for level IV Federal Regulations as follows: * * * * * of the Executive Schedule. This means (c)(1) Locality rates of pay approved that the employee’s locality rate would PART 531ÐPAY UNDER THE by the President (or designee) for be frozen until it is exceeded by the rate GENERAL SCHEDULE employees in a category of positions for level IV of the Executive Schedule. 1. The authority citation for part 531 described in 5 U.S.C. 5304(h)(1)(A)–(E) The proposed regulations exclude is revised to read as follows: may not exceed the rate for level III of experts and consultants appointed the Executive Schedule. under 5 U.S.C. 3109 from the locality Authority: 5 U.S.C. 5115, 5307, and 5338; (2) Locality rates of pay approved by sec. 4 of Pub. L. 103–89, 107 Stat. 981; and pay limitations. Unless otherwise E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., the President (or designee) for authorized by law, the aggregate pay p. 316; employees in a category of positions (including basic pay, locality pay, and Subpart B also issued under 5 U.S.C. described in 5 U.S.C. 5304(h)(1)(F) may premium pay) for experts and 5303(g), 5333, 5334(a), and 7701(b)(2); not exceed—

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(i) The rate for level IV of the 1, Regulatory Analysis and modified accredited States and zones, Executive Schedule, when the Development, PPD, APHIS, Suite 3C03, § 77.28(a) and (b) for accreditation maximum scheduled annual rate of pay 4700 River Road, Unit 118, Riverdale, preparatory States and zones, and (excluding any retained rate) for such MD 20737–1238. § 77.30(a) and (b) for nonaccredited positions is less than or equal to the Please state that your comment refers States and zones. As set forth in the maximum payable scheduled annual to Docket No. 99–038–1. proposed rule, all States and zones are rate of pay for GS–15; or You may read any comments that we classified as either modified accredited (ii) The rate for level III of the receive on Docket No. 99–038–1 in our or accreditation preparatory, and that is Executive Schedule, when the reading room. The reading room is not correct. As explained in the maximum scheduled annual rate of pay located in room 1141 of the USDA SUPPLEMENTARY INFORMATION section of (excluding any retained rate) for such South Building, 14th Street and the proposed rule, only some States and positions exceeds the maximum payable Independence Avenue, SW., zones should be classified as modified scheduled annual rate of pay for GS–15, Washington, DC. Normal reading room accredited or accreditation preparatory but is not more than the rate for level hours are 8 a.m. to 4:30 p.m., Monday for captive cervids. The remainder IV of the Executive Schedule. through Friday, except holidays. To be should be classified as accredited-free or (3) If application of paragraph (c)(2) of sure someone is there to help you, modified accredited advanced. this section would otherwise reduce an please call (202) 690–2817 before This document corrects proposed employee’s existing locality rate of pay, coming. §§ 77.10(b), 77.22(a) and (b), 77.24(a), the employee’s locality rate of pay will APHIS documents published in the 77.26(a) and (b), and 77.28(a) as follows be capped at the higher of— Federal Register, and related so that they are consistent with the (i) The amount of his or her locality information, including the names of explanations in the SUPPLEMENTARY rate of pay on the day before paragraph organizations and individuals who have INFORMATION section of the proposed (c)(2) of this section is applied, or commented on APHIS dockets, are rule. (ii) The rate for level IV of the available on the Internet at http:// Executive Schedule. www.aphis.usda.gov/ppd/rad/ PART 77Ð[CORRECTED] (d) Paragraph (c) of this section does webrepor.html. 1. On page 11928, column 1, not apply to experts and consultants FOR FURTHER INFORMATION CONTACT: Dr. § 77.10(b) is corrected to read as follows: appointed under 5 U.S.C. 3109 if the Joseph Van Tiem, Senior Staff pay for those experts and consultants is Veterinarian, VS, APHIS, USDA, 4700 § 77.10 Interstate movement from modified limited to the highest rate payable under River Road Unit 43, Riverdale, MD accredited advanced States and zones. 5 U.S.C. 5332 (i.e., the unadjusted 20737–1231; (301) 734–7716. * * * * * maximum GS–15 rate). Pay limitations SUPPLEMENTARY INFORMATION: We for such experts and consultants must (b) Cattle or bison may be moved published in the Federal Register on interstate if they are steers or spayed be determined in accordance with March 7, 2000, (65 FR 11912–11940, § 304.105 of this chapter. heifers, or are officially identified Docket No. 99–038–1), a proposed rule sexually intact heifers moved to an [FR Doc. 00–7256 Filed 3–23–00; 8:45 am] to amend the bovine tuberculosis approved feedlot. All cattle and bison so BILLING CODE 6325±01±U regulations (9 CFR part 77). moved that are not individually There are several errors in that identified by a registration name and document. The first is in proposed number must be officially identified. DEPARTMENT OF AGRICULTURE § 77.10(b), which sets forth the * * * * * requirements for the interstate Animal and Plant Health Inspection movement of certain cattle and bison 2. On page 11931, column 3, Service from States and zones listed as modified § 77.22(a) and (b) are corrected to read accredited advanced with regard to as follows: 9 CFR Part 77 tuberculosis. It provides that if cattle or § 77.22 Accredited-free States or zones. [Docket No. 99±038±2] bison to be moved interstate from a modified accredited advanced State or (a) The following are accredited-free Tuberculosis in Cattle, Bison, Goats, zone are steers or spayed heifers, or are States: Alaska, Colorado, Hawaii, Idaho, and Captive Cervids; State and Zone officially identified sexually intact Indiana, Louisiana, Maine, Minnesota, Designations; Correction heifers to be moved to an approved Montana, Nebraska, Nevada, New feedlot, the animals may be moved Hampshire, New York, North Dakota, AGENCY: Animal and Plant Health interstate without restriction. Oklahoma, Oregon, South Carolina, Inspection Service, USDA. However, as explained in the South Dakota, Texas, Utah, ACTION: Proposed rule; correction. SUPPLEMENTARY INFORMATION section of Vermont,Virginia, Washington, and the proposed rule, any such animals Wyoming. SUMMARY: We are correcting an error in moved interstate, if they are not (b) The following are accredited-free a proposed rule that would amend the individually identified by a registration zones: That part of Michigan other than bovine tuberculosis regulations. This name and number, would be required to the zone described in § 77.26(b). proposed rule was published in the be officially identified. * * * * * Federal Register on March 7, 2000 (65 The other errors are in subpart C, 3. On page 11932, column 1, FR 11912–11940, Docket No. 99–038–1). ‘‘Captive Cervids,’’ in the lists of States § 77.24(a) is corrected to read as follows: DATES: We invite you to comment on the and zones with regard to tuberculosis proposed rule (Docket No. 99–038–1), as risk classifications for captive cervids. § 77.24 Modified accredited advanced corrected by this document. We will These classifications appear in States or zones. consider all comments that we receive § 77.22(a) and (b) for accredited free (a) The following are modified by April 21, 2000. States and zones, § 77.24(a) and (b) for accredited advanced States: Arizona, ADDRESSES: Please send your comment modified accredited advanced States California, Florida, Georgia, Kansas, and three copies to: Docket No. 99–038– and zones, § 77.26(a) and (b) for Kentucky, Mississippi, Missouri, New

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Jersey, North Carolina, Pennsylvania, broken front pylon mount bolts, proposed rule. The proposals contained Tennessee, and Wisconsin. replacement, if necessary, with new in this notice may be changed in light * * * * * bolts, and establishment of a new cyclic of the comments received. 4. On page 11932, column 3, life limit. This action would add initial Comments are specifically invited on § 77.26(a) and (b) are corrected to read and repetitive torque checks of new the overall regulatory, economic, as follows: material MP159 front pylon mount environmental, and energy aspects of bolts. In addition, this action would add the proposed rule. All comments § 77.26 Modified accredited States or initial and repetitive visual inspections submitted will be available, both before zones. of the primary mount thrust load path. and after the closing date for comments, (a) The following are modified This proposal is prompted by the in the Rules Docket for examination by accredited States: None. introduction into service of the new interested persons. A report (b) The following are modified MP159 front pylon mount bolts and the summarizing each FAA-public contact accredited zones: A zone in Michigan determination through fatigue testing concerned with the substance of this delineated by starting at the juncture of that the forward engine mount bearing proposal will be filed in the Rules State Route 55 and Interstate 75, then housings have insufficient fatigue life Docket. heading northwest and north along expectancy. The actions specified by the Commenters wishing the FAA to Interstate 75 to the Straits of Mackinac, proposed AD are intended to prevent acknowledge receipt of their comments then southeast and south along the front pylon mount bolt and primary submitted in response to this notice shoreline of Michigan to the eastern mount thrust load path failure, which must submit a self-addressed, stamped terminus of State Route 55, then west could result in engine separation from postcard on which the following along State Route 55 to Interstate 75. the aircraft. statement is made: ‘‘Comments to * * * * * DATES: Comments must be received by Docket Number 97–ANE–44.’’ The 5. On page 11933, column 2, April 24, 2000. postcard will be date stamped and returned to the commenter. § 77.28(a) is corrected to read as follows: ADDRESSES: Submit comments to the § 77.28 Accreditation preparatory States or Federal Aviation Administration (FAA), Availability of NPRMs zones. New England Region, Office of the Any person may obtain a copy of this (a) The following are modified Regional Counsel, Attention: Rules NPRM by submitting a request to the accredited States: Alabama, Arkansas, Docket No. 97-ANE–44, 12 New FAA, New England Region, Office of the Connecticut, Delaware, Illinois, Iowa, England Executive Park, Burlington, MA Regional Counsel, Attention: Rules Maryland, Massachusetts, New Mexico, 01803–5299. Comments may also be Docket No. 97–ANE–44, 12 New Ohio, Puerto Rico, Rhode Island, the sent via the Internet using the following England Executive Park, Burlington, MA Virgin Islands of the United States, and address: ‘‘[email protected]’’. 01803–5299. West Virginia. Comments sent via the Internet must contain the docket number in the Discussion * * * * * subject line. Comments may be On February 6, 1998, the Federal Done in Washington, DC, this 21st day of inspected at this location between 8 Aviation Administration (FAA) issued March 2000. a.m. and 4:30 p.m., Monday through airworthiness directive AD 98–04–14, Bobby R. Acord, Friday, except Federal holidays. Amendment 39–10326 (63 FR 9730, Acting Administrator, Animal and Plant The service information referenced in February 26, 1998), applicable to Pratt & Health Inspection Service. the proposed rule may be obtained from Whitney (PW) PW4164, PW4168, and [FR Doc. 00–7445 Filed 3–23–00; 8:45 am] Pratt & Whitney, 400 Main St., East PW4168A series turbofan engines. That BILLING CODE 3410±34±U Hartford, CT 06108; telephone (860) AD requires initial and repetitive 565–8860, fax (860) 565–4503. This inspections for loose or broken front information may be examined at the pylon mount bolts, replacement, if DEPARTMENT OF TRANSPORTATION FAA, New England Region, Office of the necessary, with new bolts, and Regional Counsel, 12 New England establishment of a new cyclic life limit Federal Aviation Administration Executive Park, Burlington, MA. of 11,000 cycles in service (CIS) for FOR FURTHER INFORMATION CONTACT: Tara INCO 718 material bolts. That action 14 CFR Part 39 Goodman, Aerospace Engineer, Engine was prompted by flight testing that [Docket No. 97±ANE±44] Certification Office, FAA, Engine and revealed higher than predicted loads for Propeller Directorate, 12 New England front pylon mount bolts, resulting in RIN 2120±AA64 Executive Park, Burlington, MA 01803– decreased service life. That condition, if 5299; telephone (781) 238–7130, fax Airworthiness Directives; Pratt & not corrected, could result in front (781) 238–7199. Whitney PW4164, PW4168, and pylon mount bolt failure, which could PW4168A Series Turbofan Engines SUPPLEMENTARY INFORMATION: result in engine separation from the aircraft. Comments Invited AGENCY: Federal Aviation Events Since the Issuance of the AD Administration, DOT. Interested persons are invited to ACTION: Notice of proposed rulemaking participate in the making of the Since the issuance of that AD, PW (NPRM). proposed rule by submitting such introduced a new material bolt to written data, views, or arguments as address the fatigue life shortfall of the SUMMARY: This document proposes the they may desire. Communications original INCO 718 material bolts, part supersedure of an existing airworthiness should identify the Rules Docket number (P/N) 54T670. MP159 material directive (AD), applicable to Pratt & number and be submitted to the address bolts, P/N 51U615, do not require a life Whitney PW4164, PW4168, and specified above. All communications limit. However, in a bolt-out PW4168A series turbofan engines. AD received on or before the closing date configuration, fatigue testing indicated 98–04–14 currently requires initial and for comments, specified above, will be that there was insufficient margin to repetitive torque checks for loose or considered before taking action on the meet the 8,000 cycles-in-service (CIS)

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These engines are In addition, fatigue testing of the Required parts would cost installed on but not limited to Airbus secondary thrust load path using the approximately $18,832 per engine. Industrie A330 series aircraft. measured flight loads demonstrated that Based on these figures, the total cost Note 1: This airworthiness directive (AD) with a primary thrust load path failure, impact of the proposed AD on U.S. applies to each engine identified in the there is insufficient fatigue life operators is estimated to be $190,120. preceding applicability provision, regardless of whether it has been modified, altered, or expectancy of the forward engine mount Agency Findings bearing housing. Therefore, a repetitive repaired in the area subject to the This proposal does not have requirements of this AD. For engines that visual inspection of the primary mount have been modified, altered, or repaired so thrust load path at a 1,000 CIS, plus or federalism implications, as defined in Executive Order 13132, because it that the performance of the requirements of minus 250 CIS, interval is required this AD is affected, the owner/operator must would not have a substantial direct Service Information request approval for an alternative method of effect on the States, on the relationship compliance in accordance with paragraph (e) The FAA has reviewed and approved between the national government and of this AD. The request should include an the technical contents of the following the States, or on the distribution of assessment of the effect of the modification, PW Service Bulletins (SBs): power and responsibilities among the alteration, or repair on the unsafe condition • No. PW4G–100–A71–20, dated various levels of government. addressed by this AD; and, if the unsafe December 9, 1999, that describes Accordingly, the FAA has not consulted condition has not been eliminated, the with state authorities prior to request should include specific proposed procedures for torque checking MP159 actions to address it. material bolts, P/N 51U615. publication of this proposal. Compliance: Required as indicated, unless ∑ No. PW4G–100–A71–18, dated For the reasons discussed above, I certify that this proposed regulation (1) accomplished previously. September 15, 1999, that describes To prevent front pylon mount bolt and procedures for visually inspecting the is not a ‘‘significant regulatory action’’ primary mount thrust load path failure, primary mount thrust load path. under Executive Order 12866; (2) is not which could result in engine separation from a ‘‘significant rule’’ under the DOT the aircraft, accomplish the following: Proposed Actions Regulatory Policies and Procedures (44 INCO 718 Material Bolts Torque Checks Since an unsafe condition has been FR 11034, February 26, 1979); and (3) if identified that is likely to exist or promulgated, will not have a significant (a) Perform initial and repetitive torque develop on other products of this same economic impact, positive or negative, checks of INCO 718 material front pylon on a substantial number of small entities mount bolts, P/N 54T670, and replace, if type design, the proposed AD would necessary, with new bolts, in accordance supersede AD 98–04–14 to maintain the under the criteria of the Regulatory with the Accomplishment Instructions of inspections of the INCO 718 material Flexibility Act. A copy of the draft Pratt & Whitney Service Bulletin (SB) No. bolts, P/N 54T670, and replacement, if regulatory evaluation prepared for this PW4G–100–A71–9, Revision 1, dated necessary, with serviceable parts. This action is contained in the Rules Docket. November 24, 1997, as follows: superseding AD would also maintain A copy of it may be obtained by (1) For front pylon mount bolts, P/N the life limit of 11,000 CSN for the INCO contacting the Rules Docket at the 54T670, with 1,000 or fewer cycles-since- 718 material bolts, P/N 54T670. location provided under the caption new (CSN) on the effective date of this AD, ADDRESSES. perform torque checks in accordance with However, based on a comment received Part (A) of the Accomplishment Instructions to AD 98–04–14, the initial torque check List of Subjects in 14 CFR Part 39 of the SB at the earliest of: would now be required for bolts with Air transportation, Aircraft, Aviation (i) Before accumulating 1,250 CSN, or 1,000 or fewer CSN before accumulating (ii) Within 250 cycles-in-service (CIS) after 1,250 CSN, or 250 CIS after the effective safety, Safety. the effective date of this AD, or date of this AD, whichever occurs first. The Proposed Amendment (iii) The next engine removal for any cause. (2) Thereafter, perform torque checks at New Actions Accordingly, pursuant to the intervals not less than 750 or greater than authority delegated to me by the This AD would also require initial 1,250 CIS since last torque check, not to Administrator, the Federal Aviation and repetitive torque checks of MP159 exceed 11,000 CSN, in accordance with Part Administration proposes to amend part (A) of the Accomplishment Instructions of material bolts, P/N 51U615, and the 39 of the Federal Aviation Regulations the SB. primary mount thrust load path. If any (14 CFR part 39) as follows: (3) For front pylon mount bolts, P/N of the bolts are found loose or broken, 54T670, with more than 1,000 CSN but less all four bolts must be replaced with PART 39ÐAIRWORTHINESS than 5,750 CSN on the effective date of this serviceable bolts. DIRECTIVES AD, accomplish the following: Also, this AD would require initial (i) Perform an initial torque check within and repetitive visual inspections of the 1. The authority citation for part 39 250 CIS after the effective date of this AD, or primary mount thrust load path. If any continues to read as follows: at the next engine removal for any cause, whichever occurs first, in accordance with components of the primary mount Authority: 49 U.S.C. 106(g), 40113, 44701. thrust load path are found cracked, then Part (A) of the Accomplishment Instructions § 39.13 [Amended] of the SB. this AD would require replacement with (ii) Thereafter, perform torque checks at serviceable parts. 2. Section 39.13 is amended by intervals not less than 750 or greater than removing Amendment 39–10326, (63 FR Economic Analysis 1,250 CIS since last torque check, not to 9730, February 26, 1998), and by adding exceed 11,000 CSN. There are approximately 75 engines of a new airworthiness directive to read as (4) For front pylon mount bolts, P/N the affected design in the worldwide follows: 54T670, with 5,750 or more CSN but less

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Administration (FAA), Office of the Instructions of the SB: Note 2: Information concerning the Regional Counsel, Southwest Region, (i) Perform an initial torque check within existence of approved alternative methods of 250 CIS after the effective date of this AD, or Attention: Rules Docket No. 99–SW–82– compliance with this airworthiness directive, AD, 2601 Meacham Blvd., Room 663, prior to the next engine removal for any if any, may be obtained from the Engine cause, whichever occurs first. Certification Office. Fort Worth, Texas. Comments may be (ii) Thereafter, perform torque checks at inspected at this location between 9 intervals not less than 750 or greater than Ferry Flights a.m. and 3 p.m., Monday through 1,250 CIS since last torque check, not to (f) Special flight permits may be issued in Friday, except Federal holidays. exceed 11,000 CSN. accordance with sections 21.197 and 21.199 The service information referenced in (5) For front pylon mount bolts, P/N of the Federal Aviation Regulations (14 CFR the proposed rule may be obtained from 54T670, with 8,000 or more CSN but less 21.197 and 21.199) to operate the airplane to than 11,000 CSN on the effective date of this American Eurocopter Corporation, 2701 a location where the inspection requirements AD, perform an inspection in accordance Forum Drive, Grand Prairie, Texas of this AD can be accomplished. with the schedule and procedures of the 75053–4005, telephone (972) 641–3460, Appendix to the SB. Issued in Burlington, Massachusetts, on fax (972) 641–3527. This information (6) Prior to further flight, replace all four March 17, 2000. may be examined at the FAA, Office of bolts in accordance with Part (A), Paragraph Mark C. Fulmer, the Regional Counsel, 2601 Meacham 1(D) of the Accomplishment Instructions of Assistant Manager, Engine and Propeller Blvd., Fort Worth, Texas. the SB, if any are found loose or broken. Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: INCO 718 Material Bolts Life Limit [FR Doc. 00–7225 Filed 3–23–00; 8:45 am] Shep Blackman, Aerospace Engineer, (b) This AD establishes a new life limit of BILLING CODE 4910±13±U FAA, Rotorcraft Directorate, Rotorcraft 11,000 CSN for front pylon mount bolts, P/ Standards Staff, 2601 Meacham Blvd., N 54T670. Except as provided in paragraph Fort Worth, Texas 76137, telephone (e) of this AD, no front pylon mount bolts, DEPARTMENT OF TRANSPORTATION (817) 222–5296, fax (817) 222–5961. P/N 54T670, may exceed this new life limit after the effective date of this AD. Federal Aviation Administration SUPPLEMENTARY INFORMATION: MP159 Material Bolts Inspections Comments Invited 14 CFR Part 39 (c) Perform initial and repetitive torque Interested persons are invited to checks of front pylon mount bolts, P/N [Docket No. 99±SW±82±AD] participate in the making of the 51U615, in accordance with the proposed rule by submitting such Accomplishment Instructions of PW SB Airworthiness Directives; Eurocopter written data, views, or arguments as PW4G–100–A71–20, dated December 9, 1999, as follows: France Model AS332L2 Helicopters they may desire. Communications should identify the Rules Docket (1) Perform the initial torque check at the AGENCY: Federal Aviation number and be submitted in triplicate to earliest of the following: Administration, DOT. (i) Before accumulating 1,250 CSN, or the address specified above. All (ii) Within 250 CIS after the effective date ACTION: Notice of proposed rulemaking communications received on or before of this AD, or (NPRM). the closing date for comments, specified (iii) The next engine removal for any cause. above, will be considered before taking SUMMARY: This document proposes the (2) Thereafter, perform torque inspections action on the proposed rule. The at intervals not less than 750 or greater than adoption of a new airworthiness proposals contained in this notice may 1,250 CIS since last torque inspection. directive (AD) that is applicable to be changed in light of the comments (3) Prior to further flight, replace all four Eurocopter France Model AS332L2 received. bolts, if any are found loose or broken. helicopters. This proposal would Comments are specifically invited on require inspecting for interference Primary Mount Thrust Load Path the overall regulatory, economic, Inspections between the transmission flexible environmental, and energy aspects of mounting plate (plate) and the forward (d) Perform initial and repetitive visual the proposed rule. All comments inspections of the primary mount thrust load and aft shims (shims), replacing shims submitted will be available, both before path, in accordance with the and repairing the plate if interference is and after the closing date for comments, Accomplishment Instructions of PW4G–100– found, and inspecting the plate for a in the Rules Docket for examination by A71–18, dated September 15, 1999, as broken plate slat (slat) and repairing the interested persons. A report follows: plate if a broken slat is found or (1) Perform the initial visual inspection at summarizing each FAA-public contact replacing the plate if slat damage the earliest of the following: concerned with the substance of this beyond repair limits is found. This (i) Before accumulating 1,250 CSN, or proposal will be filed in the Rules proposal is prompted by the discovery (ii) Within 250 CIS after the effective date Docket. of this AD, or that several helicopters were Commenters wishing the FAA to (iii) The next engine removal for any cause. manufactured with shims that did not acknowledge receipt of their comments (2) Thereafter, perform visual inspections have cutouts to permit relative motion submitted in response to this notice at intervals not less than 750 or greater than between the plate slats and the shims must submit a self-addressed, stamped 1,250 CIS since last visual inspection. without interference. The actions (3) Prior to further flight, replace all postcard on which the following specified by the proposed AD are cracked parts with serviceable parts. statement is made: ‘‘Comments to intended to prevent cracking of the plate Docket No. 99–SW–82–AD.’’ The Alternative Methods of Compliance slats, increased helicopter vibration, postcard will be date stamped and (e) An alternative method of compliance or loss of transmission mounting integrity, returned to the commenter. adjustment of the compliance time that and subsequent loss of control of the provides an acceptable level of safety may be helicopter. Availability of NPRMs used if approved by the Manager, Engine Certification Office. Operators shall submit DATES: Comments must be received on Any person may obtain a copy of this their requests through an appropriate FAA or before May 23, 2000. NPRM by submitting a request to the

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FAA, Office of the Regional Counsel, is found. The actions would be required PART 39ÐAIRWORTHINESS Southwest Region, Attention: Rules to be accomplished in accordance with DIRECTIVES Docket No. 99–SW–82–AD, 2601 the service bulletin described 1. The authority citation for part 39 Meacham Blvd., Room 663, Fort Worth, previously. continues to read as follows: Texas 76137. The FAA estimates that 1 helicopter Authority: 49 U.S.C. 106(g), 40113, 44701. Discussion of U.S. registry would be affected by this The Direction Generale De L’Aviation proposed AD, that it would take § 39.13 [Amended] Civile (DGAC), which is the approximately 1 work hour per 2. Section 39.13 is amended by airworthiness authority for France, helicopter to accomplish the adding a new airworthiness directive to notified the FAA that an unsafe inspections, 80 work hours to read as follows: condition may exist on Eurocopter accomplish the shim replacements and Eurocopter France: Docket No. 99–SW–82– France Model AS332L2 helicopters. The the plate repair, if necessary, and AD. DGAC advises that interference between installation of Eurocopter France MOD Applicability: Model AS332L2 helicopters, the plate and the shims on the 0725946 and MOD 0726012, and that certificated in any category. transmission deck can cause damage, the average labor rate is $60 per work Note 1: This AD applies to each helicopter which can lead to incipient slat cracks. hour. Required parts would cost identified in the preceding applicability provision, regardless of whether it has been Eurocopter France has issued approximately $4,126 for a forward Eurocopter AS 332 Service Bulletin No. otherwise modified, altered, or repaired in shim; $4,052 for an aft shim; and the area subject to the requirements of this 05.00.54, dated July 8, 1999, which $53,022 for a plate. Based on these AD. For helicopters that have been modified, specifies ensuring that there is no figures, the total cost impact of the altered, or repaired so that the performance interference between the plate and the proposed AD on U.S. operators is of the requirements of this AD is affected, the shims on the transmission deck and estimated to be $66,060 to accomplish owner/operator must request approval for an ensuring that there are no broken slats. the inspections and all the replacements alternative method of compliance in If broken slats are found, the service accordance with paragraph (d) of this AD. and repair, if necessary, and installation bulletin specifies procedures for The request should include an assessment of of both MODs. replacing the plate. If interference is the effect of the modification, alteration, or found, it specifies procedures for The regulations proposed herein repair on the unsafe condition addressed by would not have a substantial direct this AD; and if the unsafe condition has not replacing the shims and repairing the been eliminated, the request should include plate or replacing the plate if slat effect on the States, on the relationship specific proposed actions to address it. damage is beyond repair limits. The between the national Government and Compliance: Required within 50 hours DGAC classified this service bulletin as the States, or on the distribution of time-in-service (TIS) or within 50 hours TIS mandatory and issued AD 1999–329– power and responsibilities among the after accumulating 1,000 hours TIS on the 015(A), dated August 11, 1999, to various levels of government. Therefore, transmission flexible mounting plate (plate), ensure the continued airworthiness of it is determined that this proposal whichever occurs last, unless accomplished these helicopters in France. would not have federalism implications previously. This helicopter model is under Executive Order 13132. To prevent cracking of the plate slats, manufactured in France and is type increased helicopter vibration, loss of certificated for operation in the United For the reasons discussed above, I transmission mounting integrity, and certify that this proposed regulation (1) subsequent loss of control of the helicopter, States under the provisions of section accomplish the following: 21.29 of the Federal Aviation is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not (a) Inspect for interference between the Regulations (14 CFR 21.29) and the plate, part number (P/N) 332A38–0106–00, applicable bilateral airworthiness a ‘‘significant rule’’ under the DOT the forward shim, P/N 332A22307420, and agreement. Pursuant to this bilateral Regulatory Policies and Procedures (44 the aft shim (shim), P/N 332A22307020, in airworthiness agreement, the DGAC has FR 11034, February 26, 1979); and (3) if accordance with paragraph 2.B.1 of the kept the FAA informed of the situation promulgated, will not have a significant Accomplishment Instructions in Eurocopter described above. The FAA has economic impact, positive or negative, AS 332 Service Bulletin No. 05.00.54, dated examined the findings of the DGAC, on a substantial number of small entities July 8, 1999 (SB). If interference is found, replace the shims and repair the plate in reviewed all available information, and under the criteria of the Regulatory accordance with paragraph 2.B.3 of the determined that AD action is necessary Flexibility Act. A copy of the draft Accomplishment Instructions in the SB for products of this type design that are regulatory evaluation prepared for this before further flight. certificated for operation in the United action is contained in the Rules Docket. (b) Visually inspect the plate for a broken States. A copy of it may be obtained by slat. If a broken slat is found, replace the Since an unsafe condition has been contacting the Rules Docket at the plate and the shims with an airworthy plate identified that is likely to exist or location provided under the caption and shims in accordance with paragraph develop on other Eurocopter France 2.B.3 of the SB before further flight. Replace ADDRESSES. the plate with an airworthy plate if slat Model AS332L2 helicopters of the same List of Subjects in 14 CFR Part 39 damage beyond repair limits is found. type design registered in the United (c) Install Eurocopter France MOD 0725946 States, the proposed AD would require Air transportation, Aircraft, Aviation and Eurocopter France MOD 0726012 at the inspecting for interference between the next major inspection or when the safety, Safety. plate, part number (P/N) 332A38–0106– transmission is next removed, whichever 00, the forward shim, P/N The Proposed Amendment occurs first. Installation of both MOD’s is 332A22307420, and the aft shim, P/N considered a terminating action for the 332A22307020, and replacing shims Accordingly, pursuant to the requirements of this AD. authority delegated to me by the (d) An alternative method of compliance or and repairing the plate if interference is adjustment of the compliance time that found; and inspecting the plate for Administrator, the Federal Aviation provides an acceptable level of safety may be broken slats and repairing the plate if Administration proposes to amend part used if approved by the Manager, Regulations broken slats are found or replacing the 39 of the Federal Aviation Regulations Group, Rotorcraft Directorate, FAA. plate if slat damage beyond repair limits (14 CFR part 39) as follows: Operators shall submit their requests through

VerDate 202000 11:38 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\24MRP1.SGM pfrm03 PsN: 24MRP1 15882 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules an FAA Principal Maintenance Inspector, ADDRESSES: Submit comments in for BHTI-manufactured Model HH–1K, who may concur or comment and then send triplicate to the Federal Aviation TH–1F, TH–1L, UH–1A, UH–1B, UH– it to the Manager, Regulations Group. Administration (FAA), Office of the 1E, UH–1F, UH–1H, UH–1L, and UH– Note 2: Information concerning the Regional Counsel, Southwest Region, 1P; and Southwest Florida Aviation existence of approved alternative methods of Attention: Rules Docket No. 2000–SW– SW204, SW204HP, SW205, and compliance with this AD, if any, may be 01–AD, 2601 Meacham Blvd., Room SW205A–1 helicopters. This AD would obtained from the Regulations Group. 663, Fort Worth, Texas 76137. require removing any mast assembly, (e) Special flight permits may be issued in Comments may be inspected at this part number (P/N) 204–011–450–001 or accordance with sections 21.197 and 21.199 location between 9 a.m. and 3 p.m., –005, and replacing it with an airworthy of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the helicopter Monday through Friday, except Federal mast assembly. This proposal is to a location where the requirements of this holidays. prompted by the crash of a BHTI- AD can be accomplished. FOR FURTHER INFORMATION CONTACT: manufactured Model UH–1B due to Note 3: The subject of this AD is addressed Michael Kohner, Aerospace Engineer, failure of a thin-wall mast assembly, P/ in Direction Generale De L’Aviation Civile FAA, Rotorcraft Directorate, Rotorcraft N 204–011–450–001, as the result of (France) AD No. 1999–329–015(A), dated Certification Office, Fort Worth, Texas undetected fatigue cracking in the August 11, 1999. 76193–0170, telephone (817) 222–5447, stabilizer bar damper spline. fax (817) 222–5783. Metallurgical examination of the failed Issued in Fort Worth, Texas, on March 17, part by the National Transportation 2000. SUPPLEMENTARY INFORMATION: Safety Board (NTSB) Materials Eric Bries, Comments Invited Laboratory revealed fatigue features on Acting Manager, Rotorcraft Directorate, Interested persons are invited to the crack faces adjacent to the upper Aircraft Certification Service. participate in the making of the groove on the stabilizer bar damper [FR Doc. 00–7338 Filed 3–23–00; 8:45 am] proposed rule by submitting such splice. Several other cracks were noted BILLING CODE 4910±13±P written data, views, or arguments as in the same area during visual they may desire. Communications examination. The mast was reported to should identify the Rules Docket have accumulated 4006 hours time-in- DEPARTMENT OF TRANSPORTATION number and be submitted in triplicate to service. As a result of the accident investigation, the NTSB recommended Federal Aviation Administration the address specified above. All communications received on or before among other things that the FAA issue an AD requiring that ‘‘thin-walled’’ rotor 14 CFR Part 39 the closing date for comments, specified above, will be considered before taking masts be replaced with ‘‘thick-walled’’ action on the proposed rule. The rotor masts. The FAA agrees with this [Docket No. 2000±SW±01±AD] proposals contained in this notice may recommendation. This condition, if not be changed in light of the comments corrected, could result in fatigue failure Airworthiness Directives; Bell received. of the mast and subsequent loss of Helicopter Textron Inc.-Manufactured Comments are specifically invited on control of the helicopter. Model HH±1K, TH±1F, TH±1L, UH±1A, the overall regulatory, economic, The FAA has reviewed Garlick UH±1B, UH±1E, UH±1F, UH±1H, UH±1L, environmental, and energy aspects of Helicopters, Inc. Service Bulletin UH1– and UH±1P; and Southwest Florida the proposed rule. All comments 97–06, dated September 26, 1997, which Aviation SW204, SW204HP, SW205, submitted will be available, both before describes procedures for removing all and SW205A±1 Helicopters and after the closing date for comments, mast tubes, P/N 204–011–450–001, from AGENCY: Federal Aviation in the Rules Docket for examination by service for Garlick’s type-certificated Administration, DOT. interested persons. A report Model HH–1K, TH–1F, TH–1L, UH–1B, UH–1E, UH–1F, UH–1H, UH–1L, and ACTION: summarizing each FAA-public contact Notice of proposed rulemaking UH–1P helicopters. The service bulletin (NPRM). concerned with the substance of this proposal will be filed in the Rules also establishes a maximum torque SUMMARY: This document proposes the Docket. event cycle count of 300,000 for the P/ adoption of a new airworthiness Commenters wishing the FAA to N 204–011–450 (all other dashes) mast directive (AD) applicable to Bell acknowledge receipt of their comments tube. Helicopter Textron Inc. (BHTI)- submitted in response to this notice Since an unsafe condition has been manufactured Model HH–1K, TH–1F, must submit a self-addressed, stamped identified that is likely to exist or develop on other Model HH–1K, TH–1F, TH–1L, UH–1A, UH–1B, UH–1E, UH– postcard on which the following TH–1L, UH–1A, UH–1B, UH–1E, UH– 1F, UH–1H, UH–1L, and UH–1P; and statement is made: ‘‘Comments to 1F, UH–1H, UH–1L, and UH–1P; and Southwest Florida Aviation SW204, Docket No. 2000–SW–01–AD.’’ The Southwest Florida Aviation SW204, SW204HP, SW205, and SW205A–1 postcard will be date stamped and SW204HP, SW205, and SW205A–1 helicopters. This AD would require returned to the commenter. helicopters of the same type designs, the removing and replacing certain main Availability of NPRMs proposed AD would require removing rotor mast (mast) assemblies. This any mast assembly, P/N 204–011–450– proposal is prompted by the crash of a Any person may obtain a copy of this 001 or –005, from service and replacing BHTI-manufactured Model UH–1B due NPRM by submitting a request to the FAA, Office of the Regional Counsel, it with an airworthy mast assembly. to failure of a thin-wall mast installed The FAA estimates that 75 helicopters on the helicopter. The actions specified Southwest Region, Attention: Rules Docket No. 2000–SW–01–AD, 2601 of U.S. registry would be affected by this by the proposed AD are intended to proposed AD, that it would take prevent fatigue failure of the mast and Meacham Blvd., Room 663, Fort Worth, Texas 76137. approximately 10 work hours per subsequent loss of control of the helicopter to accomplish the proposed helicopter. Discussion actions, and that the average labor rate DATES: Comments must be received on This document proposes the adoption is $60 per work hour. Replacing a mast or before May 8, 2000. of a new airworthiness directive (AD) assembly would cost approximately

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$8,862. Based on these figures, the total UH–1A, UH–1B, UH–1E, UH–1F, UH–1H, ENVIRONMENTAL PROTECTION cost impact of the proposed AD on U.S. UH–1L, and UH–1P; and Southwest Florida AGENCY operators is estimated to be $709,650 to Aviation SW204, SW204HP, SW205, and replace all the masts in the fleet. SW205A–1 helicopters with a main rotor 40 CFR Part 52 mast (mast) assembly, part number (P/N) The regulations proposed herein [CA 040±0223b; FRL±6563±4] would not have a substantial direct 205–011–450–001 or –005, installed, effect on the States, on the relationship certificated in any category. Approval and Promulgation of State between the national Government and Note 1: This AD applies to each helicopter Implementation Plans; California State the States, or on the distribution of identified in the preceding applicability Implementation Plan Revision, Ventura power and responsibilities among the provision, regardless of whether it has been County Air Pollution Control District, various levels of government. Therefore, otherwise modified, altered, or repaired in Monterey Bay Unified Air Pollution it is determined that this proposal the area subject to the requirements of this Control District, and Santa Barbara would not have federalism implications AD. For helicopters that have been modified, County Air Pollution Control District under Executive Order 13132. altered, or repaired so that the performance For the reasons discussed above, I of the requirements of this AD is affected, the AGENCY: Environmental Protection certify that this proposed regulation (1) owner/operator must request approval for an Agency (EPA). is not a ‘‘significant regulatory action’’ alternative method of compliance in ACTION: Proposed rule. under Executive Order 12866; (2) is not accordance with paragraph (b) of this AD. SUMMARY: EPA is proposing revisions to The request should include an assessment of a ‘‘significant rule’’ under the DOT the California State Implementation the effect of the modification, alteration, or Regulatory Policies and Procedures (44 Plan (SIP) which concern the control of repair on the unsafe condition addressed by FR 11034, February 26, 1979); and (3) if volatile organic compound (VOC) promulgated, will not have a significant this AD; and if the unsafe condition has not been eliminated, the request should include emissions from architectural coatings. economic impact, positive or negative, The intended effect of this action is to specific proposed actions to address it. on a substantial number of small entities regulate emissions of VOCs in under the criteria of the Regulatory Compliance: Required within 25 hours accordance with the requirements of the Flexibility Act. A copy of the draft time-in-service (TIS), unless accomplished Clean Air Act, as amended in 1990 regulatory evaluation prepared for this previously. (CAA or the Act). In the Final Rules action is contained in the Rules Docket. To prevent fatigue failure of the mast and Section of this Federal Register, the A copy of it may be obtained by subsequent loss of control of the helicopter, EPA is approving the state’s SIP contacting the Rules Docket at the accomplish the following: submittal as a direct final rule without location provided under the caption (a) Remove any mast assembly, part prior proposal because the Agency ADDRESSES. number (P/N) 204–011–450–001 or –005, views this as a noncontroversial from service. Replace with an airworthy mast List of Subjects in 14 CFR Part 39 revision and anticipates no adverse assembly. Neither P/N 204–011–450–001 nor comments. A detailed rationale for this Air transportation, Aircraft, Aviation 204–011–450–005 are eligible for installation approval is set forth in the direct final safety, Safety. on any affected helicopter. rule. If no adverse comments are (b) An alternative method of compliance or The Proposed Amendment received, no further activity is adjustment of the compliance time that Accordingly, pursuant to the contemplated. If EPA receives adverse provides an acceptable level of safety may be comments, the direct final rule will be authority delegated to me by the used if approved by the Manager, Rotorcraft withdrawn and all public comments Administrator, the Federal Aviation Certification Office, Rotorcraft Directorate, received will be addressed in a Administration proposes to amend part FAA. Operators shall submit their requests subsequent final rule based on this 39 of the Federal Aviation Regulations through an FAA Principal Maintenance proposed rule. The EPA will not (14 CFR part 39) as follows: Inspector, who may concur or comment and then send it to the Manager, Rotorcraft institute a second comment period. Any PART 39ÐAIRWORTHINESS Certification Office. parties interested in commenting should do so at this time. DIRECTIVES Note 2: Information concerning the DATES: Written comments must be existence of approved alternative methods of 1. The authority citation for part 39 received by April 24, 2000. continues to read as follows: compliance with this AD, if any, may be obtained from the Rotorcraft Certification ADDRESSES: Comments should be Authority: 49 U.S.C. 106(g), 40113, 44701. Office. addressed to: Andrew Steckel, Rulemaking Office [AIR–4], Air § 39.13 [Amended] (c) Special flight permits may be issued in Division, U.S. Environmental Protection 2. Section 39.13 is amended by accordance with sections 21.197 and 21.199 Agency, Region IX, 75 Hawthorne adding a new airworthiness directive to of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the helicopter Street, San Francisco, CA 94105–3901. read as follows: Copies of the rule revisions and EPA’s to a location where the requirements of this Firefly Aviation Helicopter Services evaluation report of each rule are (Previously Erickson Air Crane Co.); Garlick AD can be accomplished. Helicopters, Inc.; Hawkins and Powers available for public inspection at EPA’s Issued in Fort Worth, Texas, on March 17, Aviation, Inc.; International Helicopters, Region IX office during normal business Inc.; Tamarack Helicopters, Inc. (Previously 2000. hours. Copies of the submitted rule Ranger Helicopter Services, Inc.); Robinson Eric Bries, revisions are also available for Air Crane, Inc.; Williams Helicopter Acting Manager, Rotorcraft Directorate, inspection at the following locations: Corporation (Previously Scott Paper Co.); Aircraft Certification Service. California Air Resources Board, Smith Helicopters; Southern Helicopter, Inc.; [FR Doc. 00–7339 Filed 3–23–00; 8:45 am] Stationary Source Division, Rule Southwest Florida Aviation; Utah State University; Western International Aviation, BILLING CODE 4910±13±P Evaluation Section, 2020 ‘‘L’’ Street, Inc.; and U.S. Helicopter, Inc.; Docket No. Sacramento, CA 95812. 2000–SW–01–AD. Ventura County Air Pollution Control Applicability: Bell Helicopter Textron Inc.- District, 669 County Square Drive, manufactured Model HH–1K, TH–1F, TH–1L, 2nd Floor, Ventura, CA 93003.

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Monterey Bay Unified Air Pollution respect to leaching and potential ground The official record consists of the Control District, 24580 Silver Cloud water contamination. EPA is seeking documents specifically referenced in Court, Monterey, CA 93940. comment on the specific information this action, any public comments Santa Barbara County Air Pollution that is being made available, which is received during an applicable comment Control District, 26 Castilian Drive, described in this document, and is period, and other information related to Suite B–23, Goleta, CA 93117. extending the original comment period this action, including any information FOR FURTHER INFORMATION CONTACT: by 30 days. claimed as Confidential Business Yvonne Fong, Rulemaking Office [AIR– DATES: Comments, identified by the Information (CBI). This official record 4], Air Division, U.S. Environmental docket control number OPP–36190B, includes the documents that are Protection Agency, Region IX, 75 must be received on or before April 24, physically located in the docket, as well Hawthorne Street, San Francisco, CA 2000. as the documents that are referenced in 94105–3901, Telephone: (415) 744– ADDRESSES: Comments may be those documents. The public version of 1199. submitted by mail, electronically, or in the official record does not include any SUPPLEMENTARY INFORMATION: person. Please follow the detailed information claimed as CBI. The public This document concerns Ventura instructions for each method as version of the official record, which County Air Pollution Control District provided in Unit I. of the includes printed, paper versions of any Rule 74.2, Architectural Coatings, SUPPLEMENTARY INFORMATION. To ensure electronic comments submitted during submitted to EPA by the California Air proper receipt by EPA, it is imperative an applicable comment period, is Resources Board (CARB) on November that you identify docket control number available for inspection in the Public 12, 1992; Monterey Bay Unified Air OPP–36190B in the subject line on the Information and Records Integrity Pollution Control District Rule 426, first page of your response. Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Architectural Coatings, and Santa FOR FURTHER INFORMATION CONTACT: Arlington, VA, from 8:30 a.m. to 4 p.m., Barbara County Air Pollution Control Arthur-Jean B. Williams, Field and Monday through Friday, excluding legal District Rule 323, Architectural Coatings External Affairs Division (7506C), Office holidays. The PIRIB telephone number both submitted to EPA by the CARB on of Pesticide Programs, Environmental is (703) 305–5805. March 3, 1997. For further information, Protection Agency, Ariel Rios Bldg., please see the information provided in 1200 Pennsylvania Ave., NW., C. How and to Whom Do I Submit the direct final action that is located in Washington, DC 20460; telephone Comments? the rules section of this Federal number: 703–305–5239; fax number: Register. You may submit your comments 703–308–3259; e-mail address: through the mail, in person, or Dated: March 10, 2000. [email protected]. electronically. Please follow the Felicia Marcus, SUPPLEMENTARY INFORMATION: instructions that are provided below. Do Regional Administrator, Region IX. I. General Information not submit any information [FR Doc. 00–7228 Filed 3–23–00; 8:45 am] electronically that you consider to be BILLING CODE 6560±50±P A. Does this Action Apply to Me? CBI. To ensure proper receipt by EPA, This supplemental notice of data be sure to identify docket control availability and request for comment is number OPP–36190B in the subject line ENVIRONMENTAL PROTECTION directed to the public in general. It may, on the first page of your response. AGENCY however, be of particular interest to you 1. By mail. Submit your comments to: Public Information and Records 40 CFR Part 152 and 156 if you register, distribute, apply, or manage the application of a pesticide Integrity Branch (PIRIB), Information [OPP±36190B; FRL±6551±1] that contains optically active isomeric Resources and Services Division active ingredients and, in particular, a (7502C), Office of Pesticide Programs RIN 2070±AC46 product enriched for one (usually more (OPP), Environmental Protection pesticidally active) optical isomer. In Agency, Ariel Rios Bldg., 1200 Equivalency of Pesticides Metolachlor addition, persons commenting on the Pennsylvania Ave NW, Washington, DC and S-metolachlor With Respect to Ground Water and Pesticide 20460. Ground Water Contamination; Management Plan proposal (61 FR 2. In person or by courier. Deliver Supplemental Notice of Availability 33260, June 26, 1996) (FRL–4981–9) your comments to: Public Information and Extension of Comment Period may be particularly interested in some and Records Integrity Branch (PIRIB), AGENCY: Environmental Protection or all of these data. Since others may Information Resources and Services Agency (EPA). also be interested, the Agency has not Division (7502C), Office of Pesticide Programs (OPP), Environmental ACTION: Supplemental Notice of attempted to describe all the specific Availability and extension of comment entities that may be affected by this Protection Agency, Rm. 119, Crystal period. action. If you have any questions Mall #2, 1921 Jefferson Davis Highway, regarding the applicability of this action Arlington, VA. The PIRIB is open from SUMMARY: The Agency is providing to a particular entity, consult the person 8 a.m. to 4 p.m., Monday through supplemental information for an listed in the FOR FURTHER INFORMATION Friday, excluding legal holidays. The existing Notice of Availability and CONTACT. PIRIB telephone number is 703–305– Request for Comment (65 FR 8925, 5805. February 23, 2000) and an extension of B. How Can I Get Additional 3. Electronically. You may submit the original comment period. The Information, Including Copies of this your comments electronically by e-mail original Notice provided an opportunity Document and Other Related to: ‘‘[email protected],’’ or you can for the public and affected parties to Documents? submit a computer disk as described submit comments on whether additional In person. The Agency has established above. Do not submit any information information shows that metolachlor and an official record for this action under electronically that you consider to be S-metolachlor are equivalent with docket control number OPP–36190B. CBI. Avoid the use of special characters

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FEDERAL COMMUNICATIONS COMMISSION Do not submit any information 1. Novartis Study No. 381–97, in response to EPA Review of CGA–77102 electronically that you consider to be 47 CFR Part 73 CBI. You may claim information that Ecological Toxicology Studies, June 11, you submit to EPA in response to this 1997. [DA 00±541, MM Docket No. 99±163, RM± document as CBI by marking any part or 2. Novartis Study No. 314–97, in 9595] all of that information as CBI. response to EPA Review of CGA– Information so marked will not be 77102/Metolachlor Environmental Fate Services; Jackpot, disclosed except in accordance with Studies, June 6, 1997. NV procedures set forth in 40 CFR part 2. In addition to one complete version of C. Why is EPA Seeking Comment on AGENCY: Federal Communications This Additional Data? the comment that includes any Commission. information claimed as CBI, a copy of the comment that does not contain the Three commenters requested an ACTION: Proposed rule; denial of. information claimed as CBI must be extension of the comment period. Of these, one commenter to the February submitted for inclusion in the public SUMMARY: The Commission denies the 23, 2000, Notice of Availability and version of the official record. request of Mountain West Broadcasting Information not marked confidential Request for Comment argued that to allot Channel 287C1 to Jackpot, NV, will be included in the public version additional information on S-metolachlor as its first local aural service for failure of the official record without prior it had provided to EPA also warranted to provide sufficient information to notice. If you have any questions about public comment. EPA is noticing that demonstrate that it is a community for CBI or the procedures for claiming CBI, here. allotment purposes. See 64 FR 2842, please consult the person listed under III. Do Any Regulatory Assessment May 26, 1999. With this action, this FOR FURTHER INFORMATION CONTACT. Requirements Apply to this Action? proceeding is terminated. E. What Should I Consider as I Prepare ADDRESSES: Federal Communications No. This action is not a rule, it merely My Comments for EPA? Commission, 445 12th Street, S.W., announces the availability of and Washington, DC 20554. You may find the following requests comments on supplemental suggestions helpful for preparing your information related to a previous Notice FOR FURTHER INFORMATION CONTACT: comments: (65 FR 8925, February 23, 2000) and Leslie K. Shapiro, Mass Media Bureau, 1. Explain your views as clearly as extends the date by which public (202) 418–2180. comments must be submitted to EPA. possible. SUPPLEMENTARY INFORMATION: This is a This information is related to, among 2. Describe any assumptions that you synopsis of the Commission’s Report other things, a proposed rule that used. and Order, MM Docket No. 99–163, previously published in the Federal 3. Provide copies of any technical adopted March 1, 2000, and released Register of June 26, 1996 (61 FR 33260). March 10, 2000. The full text of this information and/or data you used that For information about the applicability support your views. Commission decision is available for of the regulatory assessment inspection and copying during normal 4. If you estimate potential burden or requirements to that proposed rule, business hours in the FCC Reference costs, explain how you arrived at the which published in the Federal Center, 445 12th Street, SW, estimate that you provide. Register, please refer to the discussion Washington, DC. The complete text of 5. Provide specific examples to in Unit VIII of that document. this decision may also be purchased illustrate your concerns. List of Subjects from the Commission’s copy contractor, International Transcription Services, 6. Offer alternative ways to improve 40 CFR Part 152 Inc., (202) 857–3800, 1231 20th Street, the proposed rule or collection activity. NW, Washington, DC 20036. 7. Make sure to submit your Environmental protection, comments by the deadline in this Administrative practice and procedure, List of Subjects in 47 CFR Part 73 Pesticides and pest, Reporting and proposed rule extension. Radio broadcasting. recordkeeping requirements. 8. To ensure proper receipt by EPA, Federal Communications Commission. be sure to identify the docket control 40 CFR Part 156 number assigned to this action in the John A. Karousos, subject line on the first page of your Environmental protection, Labeling, Chief, Allocations Branch, Policy and Rules response. You may also provide the Occupational safety and health, Division, Mass Media Bureau. name, date, and Federal Register Pesticides and pest, Reporting and [FR Doc. 00–7257 Filed 3–23–00; 8:45 am] citation. recordkeeping requirements. BILLING CODE 6712±01±P

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FEDERAL COMMUNICATIONS restriction of 27 kilometers (16.8 miles) ACTION: Proposed rule. COMMISSION north at petitioner’s requested site; and Channel 300A can be allotted to South SUMMARY: The Commission requests 47 CFR Part 73 Bend with a site restriction of 3.5 comments on a petition filed by kilometers (2.2 miles) southwest to Keymarket Licenses, LLC, proposing the [DA 00±543; MM Docket No. 00±41, RM± reallotment of Channel 252A from 9369] avoid a short-spacing to licensed sites of Station KNDD(FM), Channel 299C, Charleroi to Duquesne, Pennsylvania, Radio Broadcasting Services; Oakville, Seattle, Washington, and Station and the modification of Station WOGI– Raymond and South Bend, WA KHPE(FM), Channel 300C, Albany, FM’s license accordingly. Channel 252A Oregon. The coordinates for Channel can be reallotted to Duquesne in AGENCY: Federal Communications 289C2 at Raymond are 46–55–53 North compliance with the Commission’s Commission. Latitude and 123–44–02 West minimum distance separation ACTION: Proposed rule. Longitude; and the coordinates for requirements with a site restriction of Channel 300A at South Bend are 46–38– 3.1 kilometers (1.9 miles) east at SUMMARY: The Commission requests 19 North Latitude and 123–49–54 West petitioner’s requested site. The comments on a petition filed by Jodesha Longitude. Since Oakville, Raymond, coordinates for Channel 252A at Broadcasting, Inc., proposing the and South Bend are located with 320 Duquesne are 40–21–52 North Latitude reallotment of Channel 249C1 from kilometers of the U.S.-Canadian border, and 79–48–49 West Longitude. Since Raymond to Oakville, Washington, and concurrence of the Canadian Duquesne is located within 320 the modification of Station KFMY(FM)’s government has been requested, with kilometers (200 miles) of the U.S.- license accordingly; the reallotment of concurrence of the Oakville allotment Canadian border, concurrence of the Channel 289C2 from South Bend to requested as a specially negotiated, Canadian government has been Raymond, Washington, and the short-spaced allotment. In accordance requested. In accordance with Section modification of Station KJET(FM)’s with the provisions of Section 1.420(i) 1.420(i) of the Commission’s Rules, we license accordingly; and the allotment of the Commission’s Rules, we will not will not accept competing expressions of Channel 300A at South Bend, accept competing expressions of interest of interest for the use of Channel 252A Washington. Channel 249C1 can be in the use of Channel 249C1 at Oakville, at Duquesne, Pennsylvania. reallotted to Oakville in compliance Washington, or Channel 289C2 at DATES: Comments must be filed on or with the Commission’s minimum Raymond, Washington. before May 3, 2000, reply comments on distance separation requirements with Provisions of the Regulatory or before May 18, 2000. respect to all domestic allotments at Flexibility Act of 1980 do not apply to ADDRESSES: Federal Communications petitioner’s requested site. The this proceeding. Commission, Washington, DC 20554. In coordinates for Channel 249C1 at Members of the public should note addition to filing comments with the Oakville are 46–57–14 North Latitude that from the time a Notice of Proposed FCC, interested parties should serve the and 123–29–21 West Longitude. See Rule Making is issued until the matter petitioner, or its counsel or consultant, Supplementary Information, infra. is no longer subject to Commission as follows: Allan G. Moskowitz, Esq., DATES: Comments must be filed on or consideration or court review, all ex Kaye, Scholer, Fierman, Hays & before May 1, 2000, reply comments on parte contacts are prohibited in Handler, LLP, 901 15th Street, NW., or before May 18, 2000. Commission proceedings, such as this Suite 1100, Washington, DC 20005 ADDRESSES: Federal Communications one, which involve channel allotments. (Counsel for Petitioner). Commission, Washington, DC 20554. In See 47 CFR 1.1204(b) for rules FOR FURTHER INFORMATION CONTACT: addition to filing comments with the governing permissible ex parte contacts. Sharon P. McDonald, Mass Media FCC, interested parties should serve the For information regarding proper Bureau, (202) 418–2180. petitioner, or its counsel or consultant, filing procedures for comments, see 47 SUPPLEMENTARY INFORMATION: This is a as follows: David Tillotson, Esq., 4606 CFR 1.415 and 1.420. synopsis of the Commission’s Notice of Charleston Terrace, NW., Washington, List of Subjects in 47 CFR Part 73 Proposed Rule Making, MM Docket No. DC 20007 (Counsel for Petitioner). 00–42, adopted March 1, 2000, and FOR FURTHER INFORMATION CONTACT: Radio broadcasting. released March 10, 2000. The full text Sharon P. McDonald, Mass Media Federal Communications Commission. of this Commission decision is available Bureau, (202) 418–2180. John A. Karousos, for inspection and copying during SUPPLEMENTARY INFORMATION: This is a Chief, Allocations Branch, Policy and Rules normal business hours in the FCC synopsis of the Commission’s Notice of Division, Mass Media Bureau. Reference Information Center (Room Proposed Rule Making, MM Docket No. [FR Doc. 00–7258 Filed 3–23–00; 8:45 am] CY–A257), 445 12th Street, SW., 00–41, adopted March 1, 2000, and BILLING CODE 6712±01±P Washington, DC. The complete text of released March 10, 2000. The full text this decision may also be purchased of this Commission decision is available from the Commission’s copy contractor, for inspection and copying during FEDERAL COMMUNICATIONS International Transcription Service, normal business hours in the FCC COMMISSION Inc., (202) 857–3800, 1231 20th Street, Reference Information Center (Room NW., Washington, DC 20036. CY–A257), 445 12th Street, SW., 47 CFR Part 73 Provisions of the Regulatory Washington, DC. The complete text of Flexibility Act of 1980 do not apply to this decision may also be purchased [DA 00±544; MM Docket No. 00±42, RM± this proceeding. from the Commission’s copy contractor, 9826] Members of the public should note International Transcription Service, Radio Broadcasting Services; that from the time a Notice of Proposed Inc., (202) 857–3800, 1231 20th Street, Charleroi and Duquesne, PA Rule Making is issued until the matter NW., Washington, DC 20036. is no longer subject to Commission Additionally, Channel 289C2 can be AGENCY: Federal Communications consideration or court review, all ex allotted to Raymond with a site Commission. parte contacts are prohibited in

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Commission proceedings, such as this hearing will be held from 6:00 p.m. the DATES and ADDRESSES sections one, which involve channel allotments. until 8:00 p.m. on April 20, 2000, in above. See 47 CFR 1.1204(b) for rules Santa Maria, California. Anyone wishing to make an oral governing permissible ex parte contacts. ADDRESSES: The public hearing will be statement for the record is encouraged For information regarding proper held at the Santa Maria Inn, 801 South to provide a written copy of their filing procedures for comments, see 47 Broadway, Santa Maria, California. statement and present it to the Service CFR 1.415 and 1.420. Written comments and materials should at the hearing. In the event there is a List of Subjects in CFR Part 73 be sent to Diane Noda, Field Supervisor, large attendance, the time allotted for U.S. Fish and Wildlife Service, Ventura oral statements may be limited. Oral and Radio broadcasting. Fish and Wildlife Office, 2493 Portola written statements receive equal Federal Communications Commission. Road, Suite B, Ventura, California consideration. There are no limits to the John A. Karousos, 93003. Comments and materials length of written comments presented at Chief, Allocations Branch, Policy and Rules received will be available for public the hearing or mailed to the Service. Division, Mass Media Bureau. inspection, by appointment, during Legal notices announcing the date, time, [FR Doc. 00–7259 Filed 3–23–00; 8:45 am] normal business hours at the above and location of the hearing will be Service address. BILLING CODE 6712±01±P published in newspapers concurrently FOR FURTHER INFORMATION CONTACT: Carl with the Federal Register notice. Benz, at the above Ventura, California Comments from the public regarding address, phone 805–644–1766, facsimile the accuracy of this proposed rule are DEPARTMENT OF THE INTERIOR 805–644–3958. sought, especially regarding: Fish and Wildlife Service SUPPLEMENTARY INFORMATION: (1) Biological, commercial trade, or Background other relevant data concerning any 50 CFR Part 17 threat (or lack thereof) to the species On January 19, 2000, the Fish and listed above; Wildlife Service (Service) published a RIN 1018±AF81 (2) The location of any additional notice in the Federal Register (65 FR populations of the species and the Endangered and Threatened Wildlife 3110) proposing to list the Santa Barbara reasons why any habitat should or and Plants; Reopening of Comment County distinct vertebrate population should not be determined to be critical Period and Notice of Public Hearing on segment of the California tiger habitat as provided by section 4 of the Proposed Rule To List the Santa salamander, Ambystoma californiense, Act; Barbara County Distinct Population of as endangered pursuant to the the California Tiger Salamander as Endangered Species Act (Act) of 1973, (3) Additional information concerning Endangered as amended (Act). An emergency rule the range, distribution, and population listing the population was published sizes of the species; and AGENCY: Fish and Wildlife Service, concurrently in the same issue of the (4) Current or planned activities in the Interior. Federal Register. The Santa Barbara subject area and their possible impacts ACTION: Proposed rule; reopening of County population segment of the on the species. comment period and notice of public California tiger salamander is endemic Reopening of the comment period hearing. to low elevation (typically below 300 will enable the Service to respond to the meters (1,000 feet)) vernal pools and request for a public hearing on the SUMMARY: The U.S. Fish and Wildlife seasonal ponds and the surrounding proposed action. The comment period Service (Service) gives notice of a public grasslands, oak woodlands, and coastal on this proposal now closes on May 4, hearing on the proposed rule to list the scrub of Santa Barbara County, 2000. Written comments should be Santa Barbara distinct population of the California; and is imperiled primarily by submitted to the Service office listed in California tiger salamander. In addition, habitat loss from conversion of natural the ADDRESSES section. the comment period which originally habitat to intensive agriculture and Author: The primary author of this closed on March 20, 2000, will be urban development, habitat notice is Carl Benz (see ADDRESSES). reopened. The new comment period and fragmentation, and agricultural Authority: The authority for this action is hearing will allow all interested parties contaminants. to submit oral or written comments on the Endangered Species Act of 1973, as Section 4(b)(5)(E) of the Act (16 U.S.C. amended (16 U.S.C. 1531–1544). the proposal. 1531 et seq.), requires that a public DATES: The comment period for this hearing be held if it is requested within Elizabeth H. Stevens, proposal now closes on May 4, 2000. 45 days of the publication of a proposed Acting Manager—California/Nevada Any comments received by the closing rule. In response to three such requests, Operations Office. date will be considered in the final the Service will hold a public hearing [FR Doc. 00–7169 Filed 3–23–00; 8:45 am] decision on this proposal. The public on the date and at address described in BILLING CODE 4310±55±P

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Notices Federal Register Vol. 65, No. 58

Friday, March 24, 2000

This section of the FEDERAL REGISTER Washington and Wisconsin, Marketing diversions, and other information contains documents other than rules or Order No. 930. needed to effectively carry out the proposed rules that are applicable to the OMB Number: 0581–0177. requirements of the order, and their use public. Notices of hearings and investigations, Expiration Date of Approval: January is necessary to fulfill the intent of the committee meetings, agency decisions and 31, 2001. AMAA. Since this order regulates the rulings, delegations of authority, filing of petitions and applications and agency Type of Request: Extension and canned and frozen form of tart cherries, statements of organization and functions are revision of a currently approved reporting requirements will be in effect examples of documents appearing in this information collection. all year. A USDA form is used to allow section. Abstract: Marketing order programs growers to vote on amendments or provide an opportunity for producers of continuance of the marketing order. In fresh fruits, vegetables and specialty addition, tart cherry producers and DEPARTMENT OF AGRICULTURE crops, in a specified production area, to handlers who are nominated by their work together to solve marketing peers to serve as representatives on the Agricultural Marketing Service problems that cannot be solved Board must file nomination forms with individually. Order regulations help the Secretary. [Docket No. FV00±930±1NC] ensure adequate supplies of high quality Formal rulemaking amendments to product and adequate returns to the order must be approved in referenda Notice of Request for Extension and producers. Under the Agricultural conducted by the Secretary. Also, the Revision of a Currently Approved Marketing Agreement Act of 1937 Secretary may conduct a continuance Information Collection (AMAA), as amended (7 U.S.C. 601– referendum to determine industry AGENCY: Agricultural Marketing Service, 674) industries enter into marketing support for continuation of the order. USDA. order programs. The Secretary of Handlers are asked to sign an agreement Agriculture is authorized to oversee the to indicate their willingness to abide by ACTION: Notice and request for order operations and issue regulations the provisions of the order whenever the comments. recommended by a committee of order is amended. These forms are SUMMARY: In accordance with the representatives from each commodity included in this request. Paperwork Reduction Act of 1995 (44 industry. The forms covered under this U.S.C. Chapter 35), this notice The information collection information collection require the announces the Agricultural Marketing requirements in this request are minimum information necessary to Service’s (AMS) intention to request an essential to carry out the intent of the effectively carry out the requirements of extension for and revision to a currently AMAA, to provide the respondents the the order, and their use is necessary to approved information collection for tart type of service they request, and to fulfill the intent of the AMAA as cherries grown in the States of administer the program, which has expressed in the order, and the rules Michigan, New York, Pennsylvania, operated since 1996. and regulations issued under the order. Oregon, Utah, Washington and The tart cherry marketing order The information collected is used Wisconsin, Marketing Order No. 930. regulates the handling of tart cherries in only by authorized representatives of DATES: Comments on this notice must be the states of Michigan, New York, the USDA, including AMS, Fruit and received by May 23, 2000. Pennsylvania, Oregon, Utah, Vegetable Programs’ regional and Washington, and Wisconsin, hereinafter headquarter’s staff, and authorized ADDITIONAL INFORMATION OR COMMENTS: referred to as the ‘‘order.’’ The order employees of the Board. Authorized Contact Valerie L. Emmer-Scott, authorizes volume controls that provide Board employees and the industry are Marketing Specialist, Marketing Order for a reserve pool in times of heavy the primary users of the information, Administration Branch, Fruit and cherry supplies. Other major marketing and AMS is the secondary user. Vegetable Programs, AMS, USDA, room order provisions, not currently in use, Estimate of Burden: Public reporting 2525–S., P.O. Box 96456, Washington, include minimum grade and size burden for this collection of information DC 20090–6456; Tel: (202) 205–2829, regulations and authorization for market is estimated to average .191 hours per Fax: (202) 720–5698, or E-mail: research and development projects, response. [email protected]. including paid advertising. Respondents: Tart cherry producers Small businesses may request The order, and rules and regulations and for-profit businesses handling fresh information on this notice by contacting issued thereunder, authorize the Cherry and processed tart cherries produced in Jay Guerber, Regulatory Fairness Industry Administrative Board (Board), Michigan, New York, Pennsylvania, Representative, Marketing Order the agency responsible for local Oregon, Utah, Washington, and Administration Branch, Fruit and administration of the order, to require Wisconsin. Vegetable Programs, AMS, USDA, room handlers and producers to submit Estimated Number of Respondents: 2525–S, P.O. Box 96456, Washington, certain information. Much of this 943. D.C., 20090–6456; telephone (202) 720– information is compiled in aggregate Estimated Number of Responses per 2491, Fax: (202) 720–5698, or E-mail: and provided to the industry to assist in Respondent: 4.93 [email protected]. carrying out marketing decisions. Estimated Total Annual Burden on SUPPLEMENTARY INFORMATION: The Board has developed forms as a Respondents: 887.63 hours. Title: Tart Cherries Grown in the means for persons to file required Comments: Comments are invited on: States of Michigan, New York, information with the Board relating to (1) Whether the proposed collection of Pennsylvania, Oregon, Utah, tart cherry inventories, shipments, the information is necessary for the

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 15889 proper performance of the functions of DEPARTMENT OF AGRICULTURE Agriculture, STOP 0515, 1400 the agency, including whether the Independence Avenue, SW., information will have practical utility; Commodity Credit Corporation Washington, DC 20013–0515 or call (2) The accuracy of the agency’s (202) 720–3392. estimate of the burden of the proposed Secretary of Agriculture's Special SUPPLEMENTARY INFORMATION: The 1996 collection of information including the Cotton Import Quota Announcements Act requires that a special import quota validity of the methodology and Numbers 21 Through 26 and Numbers for upland cotton be determined and assumptions used; (3) Ways to enhance 1 Through 10 announced immediately if, for any the quality, utility and clarity of the AGENCY: Commodity Credit Corporation, consecutive 10-week period, the Friday information to be collected; and (4) USDA. through Thursday average price Ways to minimize the burden of the ACTION: Notice. quotation for the lowest-priced U.S. collection of information on those who growth, as quoted for Middling 1–3/32 are to respond, including through the SUMMARY: Sixteen special import quotas inch cotton, C.I.F. northern Europe (U.S. use of appropriate automated, for upland cotton are established in Northern Europe price), adjusted for the electronic, mechanical, or other accordance with section 136(b) of the value of any cotton user marketing technological collection techniques or Federal Agriculture Improvement and certificates issued, exceeds the Northern other forms of information technology. Reform Act of 1996 (the 1996 Act) under Europe price by more than 3.00 cents Comments should reference OMB No. Presidential Proclamation 6301 of June per pound. This condition was met for 0581–0177 and the Tart Cherry 7, 1991, and Presidential Proclamation 16 consecutive 10-week periods ending Marketing Order No. 930, and be mailed 6948 of October 29, 1996. The quotas October 28, 1999. Therefore, quotas to Docket Clerk, Fruit and Vegetable are referenced as the Commodity Credit referenced as Special Cotton Import Programs, AMS, USDA, P.O. Box 96456, Corporation Special Cotton Import Quota Announcement Numbers 21 Room 2525–S, Washington, D.C. 20090– Quota Announcement Numbers 21 through 26 and Special Cotton Import 6456; Fax (202) 720–5698; or E-mail: through 26 and Special Cotton Import Quota Announcement Numbers 1 [email protected]. Comments Quota Announcement Numbers 1 through 10 are established subject to the should reference the docket number and through 10 and are set forth in following dates and quantities. the date and page number of this issue subheadings 9903.52.21 through Each special import quota identifies a of the Federal Register. All comments 9903.52.26 and subheadings 9903.52.01 quantity of imports that is not subject to received will be available for public through 9903.52.10, subchapter III, the over-quota tariff rate of a tariff-rate inspection in the Office of the Docket chapter 99 of the Harmonized Tariff quota. The quota is not divided by Clerk during regular USDA business Schedule of the United States (HTS). staple length or by country of origin. hours at 14th and Independence Ave., DATES: Each of the special quotas is The quota does not affect existing tariff SW., Washington, DC, room 2525–S. subject to an established date and rates or phytosanitary regulations. The All responses to this notice will be applies to upland cotton purchased not later than 90 days from the established quota does not apply to extra long staple summarized and included in the request cotton. for OMB approval. All comments will date and entered into the United States Authority: Sec. 136, P.L. 104–127 and U.S. also become a matter of public record. not later than 180 days from the established date. Dates applicable to Note 6(a), Subchapter III, Chapter 99 of the Dated: March 20, 2000. each individual special import quota are HTS. Robert C. Keeney, contained in a table following this Signed at Washington, D.C., on March 17, Deputy Administrator, Fruit and Vegetable notice. 2000. Programs. FOR FURTHER INFORMATION CONTACT: Parks Shackelford, [FR Doc. 00–7332 Filed 3–23–00; 8:45 am] Scott O. Sanford, Farm Service Agency, Acting Executive Vice President, Commodity BILLING CODE 3410±02±P United States Department of Credit Corporation.

Secretary of Agriculture's cot- News 90-day 180-day Quota ton import quota announce- HTS sub- release Quota purchase import amount 3-month consumption base ment heading date start date date date (kilograms) period

Number 21 ...... 9903.52.21 7/15/99 7/22/99 10/19/99 1/17/00 42,388,357 March±May 1999. Number 22 ...... 9903.52.22 7/22/99 7/29/99 10/26/99 1/24/00 42,388,357 March±May 1999. Number 23 ...... 9903.52.23 7/29/99 8/05/99 11/02/99 1/31/00 42,645,766 April±June 1999. Number 24 ...... 9903.52.24 8/05/99 8/12/99 11/09/99 2/07/00 42,645,766 April±June 1999. Number 25 ...... 9903.52.25 8/12/99 8/19/99 11/16/99 2/14/00 42,645,766 April±June 1999. Number 26 ...... 9903.52.26 8/19/99 8/26/99 11/23/99 2/21/00 42,645,766 April±June 1999. Number 1 ...... 9903.52.01 8/26/99 9/02/99 11/30/99 2/28/00 42,282,225 May±July 1999. Number 2 ...... 9903.52.02 9/02/99 9/09/99 12/07/99 3/06/00 42,282,225 May±July 1999. Number 3 ...... 9903.52.03 9/09/99 9/16/99 12/14/99 3/13/00 42,282,225 May±July 1999. Number 4 ...... 9903.52.04 9/16/99 9/23/99 12/21/99 3/20/00 42,282,225 May±July 1999. Number 5 ...... 9903.52.05 9/23/99 9/30/99 12/28/99 3/27/00 42,282,225 May±July 1999. Number 6 ...... 9903.52.06 9/30/99 10/07/99 1/04/00 4/03/00 41,677,786 June±August 1999. Number 7 ...... 9903.52.07 10/07/99 10/14/99 1/11/00 4/10/00 41,677,786 June±August 1999. Number 8 ...... 9903.52.08 10/14/99 10/21/99 1/18/00 4/17/00 41,677,786 June±August 1999. Number 9 ...... 9903.52.09 10/21/99 10/28/99 1/25/00 4/24/00 41,677,786 June±August 1999. Number 10 ...... 9903.52.10 10/28/99 11/04/99 2/01/00 5/01/00 40,830,552 July±September 1999.

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[FR Doc. 00–7277 Filed 3–23–00; 8:45 am] Committee is comprised of 16 members DEPARTMENT OF AGRICULTURE BILLING CODE 3410±05±P appointed by the Secretary. Members represent the following groups: (1) FSA; Forest Service (2) State beginning farmer programs; (3) DEPARTMENT OF AGRICULTURE commercial lenders; (4) private East Fork of the Jemez Wild and nonprofit organizations with active Scenic River, Santa Fe National Forest, Farm Service Agency beginning farmer programs; (5) the Sandoval County, New Mexico; Boundary Establishment Public Meetings of Advisory Cooperative State Research, Education, Committee on Beginning Farmers and and Extension Service; (6) educational AGENCY: Forest Service, USDA. Ranchers institutions with demonstrated experience in training beginning farmers ACTION: Notice of Availability. AGENCY: Farm Service Agency, USDA. or ranchers; (7) other entities providing SUMMARY: In accordance with 16 U.S.C. ACTION: Notice of public meetings. lending or technical assistance to 1274, the USDA Forest Service has qualified beginning farmers or ranchers; SUMMARY: The Farm Service Agency transmitted the final boundary of the and (8) farmers and ranchers. The East Fork of the Jemez Wild and Scenic (FSA) is issuing this notice to advise the Committee meets at least once a year public that meetings of the Advisory River to the Senate and House of and all meetings are open to the public. Representatives. Committee on Beginning Farmers and The duration of the Committee is Ranchers (Committee) will be held to indefinite. FOR FURTHER INFORMATION CONTACT: discuss ways to increase new farming The initial meetings of the Committee, Information may be obtained by and ranching opportunities for these contacting Diane Tafoya, Recreation producers, including the review of held August 31–September 2, 1999, provided an opportunity for members to Staff Officer, Jemez Ranger District, P.O. proposals and recommendations drafted Box 98, Jemez Springs, NM 87025, 505– at previous meetings. exchange ideas on ways to increase opportunities for beginning farmers and 829–3535. DATES: The public meetings will be held ranchers through Federal-State SUPPLEMENTARY INFORMATION: The April 11–12, 2000, from 8:30 a.m. to 5 partnerships and to encourage more detailed legal description and map of p.m. at the Westin Crown Center Hotel, State participation. Members discussed the East Fork of the Jemez Wild and 1 Pershing Road, Kansas City, Missouri various issues and drafted numerous Scenic River boundary are available for (telephone (816) 474–4400). All times recommendations, six of which the public inspection in the following noted are Central Standard Time (CST). Committee determined were priorities Forest Service offices: USDA Forest ADDRESSES: Mark Falcone, Designated and were submitted to the Secretary in Service Auditors Building, 201 14th St. Federal Official for the Advisory writing. During the April meetings, SW at Independence Ave. SW, Committee on Beginning Farmers and members will discuss the Secretary’s Washington, DC; USDA–FS Ranchers, Farm Service Agency, U.S. response to the six recommendations Southwestern Regional Office, 517 Gold Department of Agriculture, 1400 and review other draft proposals. Guest Ave SW, Albuquerque, NM; USDA–FS Independence Avenue, SW., Room speakers from the Iowa State Santa Fe National Forest, 1474 Rodeo 5438-S, STOP 0522, Washington, DC University’s Beginning Farmer Center Rd., Santa Fe, NM; USDA–FS Jemez 20250–0522; telephone (202) 720–1632; and the National Council of State Ranger Station, Jemez Springs, NM. FAX (202) 690–1117; e-mail l Agricultural Finance Programs will The Wild and Scenic Rivers Act, mark [email protected]. address relevant issues. Public Law 90–542, as amended by FOR FURTHER INFORMATION CONTACT: Attendance is open to all interested Public Law 101–306 on June 6, 1990 Mark Falcone at (202) 720–1632. persons but limited to space available. designated the 11-mile segment of the SUPPLEMENTARY INFORMATION: Section 5 Anyone wishing to make an oral East Fork of the Jemez River, from the of the Agricultural Credit Improvement statement should submit their request in Santa Fe National Forest boundary to its Act of 1992 (Pub. L. 102–554) required writing (letter, fax, or e-mail) to Mark confluence with the Rio San Antonio, to the Secretary of Agriculture to establish Falcone at the above address. be administered by the Secretary of the Committee for the purpose of Statements should be received no later Agriculture in the following advising the Secretary on the following: than April 6, 2000. Requests should classifications: (a) The 2-mile segment (1) The development of a program of include the name and affiliation of the for the Santa Fe National Forest coordinated financial assistance to individual who will make the boundary to the second crossing of State qualified beginning farmers and presentation and an outline of the issues Highway 4, near Las Conchas trailhead, ranchers required by section 309 (i) of to be addressed. The floor will be open as a recreational river; and (b) the 4-mile the Consolidated Farm and Rural to oral presentations beginning at 1:00 segment from the second crossing of Development Act (Federal and State p.m. CST on April 11, 2000. Comments State Highway 4, near Las Conchas beginning farmer programs provide joint will be limited to 5 minutes, and trailhead, to the third crossing of State financing to beginning farmers and presenters will be approved on a first- Highway 4 approximately one and one- ranchers); (2) methods of maximizing come, first-served basis. quarter miles upstream from Jemez the number of new farming and Persons with disabilities who require Falls, as a wild river; and (c) the 5-mile ranching opportunities created through special accommodations to attend or segment from the third crossing of State the program; (3) methods of encouraging participate in the meetings should Highway 4, approximately one and one- States to participate in the program; (4) contact Mark Falcone by April 6, 2000. quarter miles upstream from Jemez the administration of the program; and Falls, to its confluence with the Rio San (5) other methods of creating new Signed in Washington, DC, on March 17, Antonio, as a scenic river. The final 2000. farming or ranching opportunities. boundary for the designated segments Departmental Regulation 1042–119 Keith Kelly, approximately follows the original dated November 25, 1998, formally Administrator, Farm Service Agency. corridor boundary of 1⁄4-mile of the established the Committee and [FR Doc. 00–7278 Filed 3–23–00; 8:45 am] ordinary high water mark on each side designated FSA to provide support. The BILLING CODE 3410±05±P of the river, with adjustments made in

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 15891 order to follow legal and locatable Dated: March 10, 2000. other potential contaminants collected landlines. James T. Gladen, since 1982. Based on the supplemental Dated: March 10, 2000. Deputy Regional Forester. environmental analysis, the BLM and FS would make decisions regarding the James T. Gladen, [FR Doc. 00–7279 Filed 3–23–00; 8:45 am] BILLING CODE 3410±11±M Panel B and C Mine and Reclamation Deputy Regional Forester. Plan and additional land use [FR Doc. 00–7281 Filed 3–23–00; 8:45 am] authorizations for the proposed mining BILLING CODE 3410±11±M DEPARTMENT OF THE INTERIOR activities, potentially including: lease modifications by the BLM and a Special Bureau of Land Management Use Permit by the FS. In addition, a DEPARTMENT OF AGRICULTURE Section 404, Clean Water Act permit DEPARTMENT OF AGRICULTURE may be required by the U.S. Army Corps Forest Service Forest Service of Engineers (Corps) for the proposed Pecos Wild and Scenic River, Santa Fe operations. National Forest, San Miguel and Mora Smoky Canyon Mine, Panels B and C, Agency Decisions Counties, New Mexico; Boundary BLM Pocatello Field Office and Establishment Caribou-Targhee National Forest, The BLM Pocatello Field Office Caribou County, ID Manager, who is the responsible official AGENCY: Forest Service, USDA. for the SEIS and on-lease lands, and the AGENCY: Bureau of Land Management, Caribou-Targhee National Forest ACTION: Notice of availability. USDI and Forest Service, USDA. Supervisor, who is the responsible ACTION: Notice of Intent to Prepare a official for Caribou-Targhee National SUMMARY: In accordance with 16 USC Supplemental Environmental Impact Forest lands not on-lease will make 1274, the USDA Forest Service is Statement separate decisions related to appropriate transmitting the final boundary of the SUMMARY: Notice is hereby given that land use authorizations regarding this Pecos Wild and Scenic River to the the Bureau of Land Management (BLM), proposal considering: scoping Senate and House of Representatives. Pocatello Field Office and the comments and responses, anticipated FOR FURTHER INFORMATION CONTACT: Department of Agriculture, Forest environmental consequences discussed Information may be obtained by Service (FS), Caribou-Targhee National in the SEIS, and applicable laws, contacting Dan Crittenden, District Forest, will jointly prepare a regulations, and policies. These Ranger, Pecos/Las Vegas Ranger District, Supplemental Environmental Impact decisions may include approval of a site P.O. Drawer 429, Pecos, NM 87552– Statement (SEIS) to document the specific Mine and Reclamation Plan; 0429, 505–757–6121. analysis and disclose the environmental issuance of phosphate lease and human effects of a proposed mine modifications by the BLM; and special SUPPLEMENTARY INFORMATION: The plan for future operations at the existing use permits by the FS. A Section 404, detailed legal description and map of J.R. Simplot Smoky Canyon Phosphate Clean Water Act Permit may also be the Pecos Wild and Scenic River Mine, Caribou County, Idaho, located required by the Corps. They would boundary are available for public approximately 20 miles west of Afton, render a decision related to that permit inspection in the following Forest Wyoming. The proposed mining and how to mitigate the impacts to Service offices: USDA Forest Service operations would utilize land affected wetlands and Waters of the Auditors Building, 201 14th St. SW at administered by the FS, BLM and land United States. Independence Ave. SW, Washington, that is privately owned. Mining would DATES: Written comments concerning DC; USDA–FS Southwestern Regional take place on Federal Phosphate Leases the scope of the analysis described in Office, 517 Gold Ave SW, Albuquerque, I–012890, I–026843, and I–027801, this Notice should be received on or NM; USDA–FS Santa Fe National within the Caribou-Targhee National before April 24, 2000. Forest, 1474 Rodeo Rd., Santa Fe, NM; Forest. USDA–FS Pecos Ranger Station, Pecos, J. R. Simplot Company must obtain Scoping Procedure NM. federal permits prior to mining under The scoping procedure to be used for The Wild and Scenic Rivers Act, the proposed mine plan. The existing this SEIS will involve the following: a Public Law 90–542, as amended by mining and milling operations were broad mailing asking for comments, Public Law 101–306 on June 6, 1990 authorized by a Record of Decision that issues and concerns to interested and designated the 20.5 mile segment of the was issued in 1982 upon completion of potentially affected individuals, groups, Pecos River, from its headwaters to the the original Smoky Canyon Phosphate Federal, State and local government; townsite of Tererro, to be administered Mine EIS. The conditional permits news releases or legal notices; and by the Secretary of Agriculture in the granted by the BLM and FS at the public scoping meetings. following classifications: (a) The 13.5 beginning of the Smoky Canyon mining mile segment from its headwaters to the operations required that subsequent ADDRESSES: Send written comments to Pecos Wilderness boundary, as a wild site-specific mine plans for the Linda Matthews, JBR Environmental river; and (b) the 7-mile segment from individual mine panels be submitted to Consultants, Inc., 8160 South Highland the Pecos Wilderness boundary to the the agencies for their review and that Drive, Suite A–4, Sandy, Utah 84093, townsite of Tererro, as a recreational appropriate mitigation measures be ([email protected]). river. The final boundary for the developed using further environmental FOR FURTHER INFORMATION CONTACT: Jeff designated segments approximately analysis. The environmental effects Cundick, Bureau of Land Management, follows the original corridor boundary from the proposed B and C Panels were Pocatello Field Office, 1111 N. 8th Ave., of 1⁄4-mile of the ordinary high water assessed in the 1982 EIS, however this Pocatello, Idaho 83201, phone (208) ´ mark on each side of the river, with SEIS will further evaluate the effects of 478–6354; or Philippe de Hanaut, adjustments made in order to follow the proposed mine plan in light of Caribou-Targhee National Forest, Soda legal and locatable landlines. additional information on selenium and Springs Ranger District, 421 W. Second

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South, Soda Springs, Idaho 83276, reviewers of draft EISs must structure Linda Matthews, JBR Environmental phone (208) 547–4356. their participation in the environmental Consultants, Inc., (801) 943–4144, SUPPLEMENTARY INFORMATION: The review of the proposal so that it is ([email protected]). meaningful and alerts an agency to proposed mining activities would Public Input Requested consist of two open pits, known as reviewer’s position and contentions. Panels B and C, topsoil stockpiles, mine Vermont Yankee Nuclear Power Corp. v. The BLM and FS are seeking equipment parking areas, access and NRDC, 435 U.S. 519,553 (1978). Also, information and written comments from haul roads, a power line extension, environmental objections that could be Federal, State and local agencies as well external overburden storage areas, and raised at the draft EIS stage but that are as individuals and organizations who runoff/sediment control facilities. not raised until after completion of the may be interested in, or affected by, the Mining would include best management final EIS may be waived or dismissed by proposed action. To assist the BLM and practices for control of releases of the courts. City of Angoon v. Hodel, 803 FS in identifying and considering issues sediment and dissolved metals. The F. 2d 1016, 1022 (9th Cir. 1986) and and concerns related to the proposed proposed open pits would be located on Wisconsin Heritages, Inc. v. Harris, 490 action, comments for scoping, and later either side of Smoky Creek. The creek F. Supp. 1334, 1338 (E.D. Wis. 1980). for the Draft SEIS, should be as specific would be crossed in two locations by Because of these court rulings, it is very as possible. Referring to specific pages road fills. One of these road fills already important that those interested in this or chapters of the SEIS or the merits of exists for the mine access road and proposed action participate by the close the alternatives formulated and would be widened to accommodate the of the 60-day comment period for the discussed in the SEIS is most helpful. 100-foot width of a new haul road. A draft SEIS so that substantive comments Dated: March 15, 2000. and objections are made available to the second, new haul road fill would be Jeff Steele, constructed across Smoky Creek in a BLM and FS at a time when it can meaningfully consider them and Manager, Pocatello Field Office, Bureau of separate location. The existing Forest Land Management. respond to them in the final SEIS. Service road in Smoky Canyon would Harold Klein, cross the proposed haul roads at grade Preliminary Issues Acting Forest Supervisor, Caribou-Targhee in two locations. The public road would Initially identified issues include National Forest. be protected with traffic controls posted potential effects on: ground water and [FR Doc. 00–7110 Filed 2–23–00; 8:45 am] on either side. A culvert or retaining surface water quantity and quality, BILLING CODE 4310±84±P, 3410±11±P wall would be installed in Smoky Creek wildlife and their habitats, livestock along the mining area to protect water grazing, wetlands and riparian habitat, quality during mining and would be socio-economics, and development of DEPARTMENT OF AGRICULTURE removed along with any road fills not best management practices for mine required for continued access road operations. Forest Service requirements during reclamation activities. Possible Alternatives Gold/Boulder/Sullivan; Kootenai Existing mine, maintenance, The SEIS will analyze the Proposed National Forest, Lincoln County, administrative, and milling facilities Action and No Action Alternatives. Montana would be used during the mine period. Other alternatives to be considered AGENCY: Forest Service, USDA. Ore from the new panels would be would include altering portions of the ACTION: Notice of intent to prepare an beneficiated in the existing mill proposed mining facilities or sequence environmental impact statement. facilities and tailings would be and design parameters to provide deposited in the existing tailings mitigation for resources of concern. SUMMARY: The USDA–Forest Service disposal facilities. Ore concentrate Tentative SEIS Project Schedule will prepare an Environmental Impact would be transferred to the Don Plant in Statement (EIS) for the Gold/Boulder/ Pocatello, Idaho via the existing slurry The tentative project schedule is as Sullivan Project to disclose the effects of follows: pipeline transportation system. Water • vegetative management through timber usage would continue as in the past Begin Public Comment Period— harvest and prescribed fire, and road with no increase in water consumption March, 2000 management including road • Hold Public Scoping Meetings— for the operations. maintenance, reconstruction, and Disturbed lands directly resulting April, 2000 • Estimated date for Draft SEIS— decommissioning. The Gold/Boulder/ from the proposed activities would total February, 2001 Sullivan project area encompasses the 656 acres. The new pits would include • Public Comment Period on Draft Gold Creek, Boulder Creek, and Sullivan 353 acres and the rest of the disturbed SEIS—60 days from when the Notice of Creek drainages approximately 12 miles acreage would be for roads, overburden Availability is published in the Federal southwest of Eureka, Montana. disposal areas, and other support Register The proposed activities are facilities. Approximately 605 acres of considered together because they the proposed disturbance would be Public Scoping Meetings represent either connected or reclaimed by backfilling most of the Two public scoping meetings will be cumulative actions as defined by the proposed open pit areas, regrading fill held, each an open house type, from 7 Council on Environmental Quality (40 slopes, spreading topsoil, planting of pm–9 pm. The open houses will include CFR 1508.23). The purpose and need for appropriate vegetation, and installation displays explaining the project and a action is to achieve desirable and and maintenance of runoff and sediment forum for commenting on the project. sustainable conditions in forest stands, control facilities. The meetings will be held as follows: improve big game winter range The BLM and FS believe, at this early • Star Valley High School, Afton, conditions, improve visual quality, stage, it is important to give reviewers Wyoming improve water quality, and provide notice of several court rulings, related to • BLM Field Office, Pocatello, Idaho goods and services. public participation in the Information on the dates for the The EIS will tier to the Kootenai environmental review process. First, scoping meetings can be obtained from National Forest Land Resource

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Management Plan, as amended, and the in individual delineated management edges to improve the visual setting for Final Environmental Impact Statement areas (MAs). Most of the proposed outdoor recreation. (FEIS), and Record of Decision (ROD) of timber harvest activities encompass five Removal of trees would be September 1987, which provides overall predominant MAs: 11, 12, 15, 16, 17. accomplished by a variety of methods guidance for forest management of the Briefly described, MA 11 is managed to including: helicopter, tractor, and line area. maintain or enhance the winter range skidding operations. Temporary roads DATES: Written comments and habitat effectiveness for big game may be needed to access some units to suggestions should be received on or species and produce a programmed be harvested with ground-based before April 24, 2000. yield of timber. MA 12 is managed to systems. These temporary roads would be decommissioned after timber sale ADDRESSES: The Responsible Official is maintain or enhance the summer range Bob Castaneda, the Kootenai National habitat effectiveness for big game activities are accomplished. The proposal also includes Forest Supervisor, 1101 Hwy 2 West, specifies and produce a programmed approximately 2,528 acres of prescribed Libby, Montana 59923. Written yield of timer. MA 15 focuses upon in association with commercial timber comments and suggestions concerning timber production using various harvest and approximately 3,316 acres the scope of the analysis should be sent silvicultural practices while providing of prescribed burning without to Glen M. McNitt, District Ranger, for other resource values. MA 16 is commercial timber harvest. Prescribed Rexford Ranger District, 1299 Hwy 93 N, managed to produce timber while burning without timber harvest is Eureka, MT 59917. providing for a pleasing view. MA 17 is proposed within management area 13 FOR FURTHER INFORMATION CONTACT: managed to maintain or enhance a (designated old growth). Contact Ron Komac, Acting NEPA natural appearing landscape and produce a programmed yield of timber. The proposed action would result in Coordinator, Rexford Ranger District, four additional openings over 40 acres, Phone: (406) 296–2536. Minor amounts of timber harvest and/or other proposed activities such as ranging from 49 to 83 acres. The size of SUPPLEMENTARY INFORMATION: The prescribed burning are found in other seven other large openings would be project area is approximately 37,000 MAs, including 2 (roadless recreation); increased, ranging from 55 to 464 acres. acres and has a favorable climate and 5 (viewing areas); 10 (big game winter The proposal also includes .1 mile of good site conditions for forest range); 13 (old growth), 19 (steep temporary road construction, 64 miles vegetation. Proposed activities within slopes), 21 (research natural area), and of reconstruction to meet Best the decision area include portions of the 24 (low productivity areas). Management Practices requirements and following areas: T34–36N; R28–30W. decommissioning of four closed roads to Average annual precipitation ranges Purpose and Need restore natural drainage patterns. from 14 to 1000 inches. At higher Implementation of this proposal The primary purpose and need for the elevations, most precipitation falls as would require opening several miles of project is to: (1) Achieve desirable and snow. The decision area contains a road currently restricted to public sustainable conditions in forest stands combination of open-grown ponderosa access. It is expected that public access by reducing stand densities and species pine and Douglas-fir in the lower would be allowed on a portion of these competition, and salvage of mortality elevations, adjacent to Lake Koocanusa; roads while management activities are due to insects or disease; (2) improve upland areas contain multistoried occurring. Restrictions for motorized big game winter range conditions western larch/Douglas-fir intermixed access would be restored following the through the use of prescribed fire to with lodgepole pine, as well as uniform conclusion of the management rejuvenate browse species; (3) improve lodgepole pine stands. activities. Wildfire historically played a role in water quality by reducing road effects The proposed action includes interrupting forest succession and through road maintenance and precommercial thinning of sapling-sized creating much of the vegetative diversity reconstruction, and road trees on 2600 acres within managed that is apparent on the landscape today. decommissioning; (4) improve visual plantations and natural stands that have Since the early 1900’s, a policy of quality through feathering edges to regenerated after wildfire. wildfire suppression has been in place reduce line and form; and (5) respond Precommercial thinning would not on National Forest lands, interrupting to the social and economic desires of the occur in lynx habitat. the natural vegetation cycle. Existing surrounding area by providing a range stands in the lower elevations have a of products from the forested Forest Plan Amendments higher stocking level than occurred environment, while maintaining a The proposed action includes a naturally and are dominated by resilient, sustainable forest environment project-specific forest plan amendments Douglas-fir which is susceptible to bark over time. and a programmatic amendment to meet beetles and root disease when stressed. Proposed Activities the goals of the Kootenai National Forest Lodgepole pine in the upper elevations Plan. have experienced a high level of The Forest Service proposes to A programmatic amendment to allow mortality due to mountain pine beetles harvest between 18100 and 35600 CCF long-term MA 12 open road density to and are not contributing toward a (hundred cubic feet), equivalent to be managed at 1.1 miles/square mile, desired condition of forest health. A between 9.1 and 17.8 MMBF (million which exceeds the facilities standard of portion of the Decision Area is highly board feet) of timber through the 0.75 miles/square mile. The roads visible from the Tobacco Valley as well application of a variety of harvest currently open access high-use as the Scenic Byway (State Highway 37). methods on approximately 2528 acres of recreation facilities or are important A portion of the Mount Henry forestland. Silvicultural systems include access routes for forest users and have Inventoried Roadless Area is included 826 acres of regeneration harvest, 1423 been managed as open roads for several within the project area. There are no acres of improvement harvest, 118 acres decades. There is a social need to treatments proposed for this area. of salvage, and 161 acres of removal of maintain these roads as open to The Kootenai National Forest Land small diameter material. Some motorized access. and Resource Management Plan treatments would feather or thin stands A project specific amendment to provides overall management objectives adjacent to existing units with abrupt allow harvest adjacent to existing

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 15894 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices openings in up to 11 big game commercial thinning is necessary in identifying potential environmental movement corridors. A Forest Plan order to remove fuels prior to effects of this project and alternatives amendment would be needed to underburning. If these fuels are not (i.e., direct, indirect, and cumulative suspend wildlife and fish standard #7 removed, there is a high likelihood that effects and connected actions). and timber standard #2 for this area. a stand destroying fire could occur Estimated Dates for Filing These standards state that movement rather than a cool underburn which is corridors and adjacent hiding cover be characteristic for this site. While public participation in this retained. In this situation, high levels of analysis is welcome at any time, Decisions To Be Made mountain pine beetle activity have comments received within 30 days of precluded alternative treatments. These The Kootenai Forest Supervisor will the publication of this notice will be opening sizes more closely correlate to decide the following: especially useful in the preparation of • natural disturbance patterns. Snags and Whether or not to harvest timber the Draft EIS. The Draft EIS is expected down woody material would be left to and, if so, identify the selection of, and to be filed with the Environmental provide wildlife habitat and maintain site specific location of, appropriate Protection Agency (EPA) and to be soil productivity. timber management practices available for public review by June, (silvicultural prescription, logging 2000. At that time EPA will publish a MA–21; Research Natural Area system, fuels treatment, and Notice of Availability of the Draft EIS in Candidates reforestation), road construction/ the Federal Register. The Comment The proposed activities in the Big reconstruction necessary to provide period on the draft EIS will be 45 days Creek Research Natural Area would access and achieve other resource from the date the EPA publishes the involve fuel treatment activities prior to objectives, and appropriate mitigation Notice of Availability in the Federal conducting an underburn in this low measures. Register. It is very important that those elevation area. The Kootenai Forest Plan • Whether or not water quality interested in the management of this scheduled two underburns for this area. improvement projects (including road area participate at that time. Some smaller diameter understory trees decommissioning) should be The final EIS is scheduled to be would be removed in order for this implemented and, if so, to what extent. completed by September, 2000. In the • burning to be successful. Any Whether or not wildlife final EIS the Forest Service is required management proposals would be enhancement projects (including to respond to comments and responses conducted with the full involvement of prescribed burning) should be received during the comment period Forest Service Research. implemented and, if so, to what extent. that pertain to the environmental • Whether road access restrictions or consequences discussed in the draft EIS Range of Alternatives other actions are necessary to meet big and applicable laws, regulations, and The Forest Service will consider a game wildlife security needs. policies considered in making a range of alternatives. One of these will • Whether or not project specific and decision regarding the proposal. programmatic Forest Plan amendments be the ‘‘no action’’ alternative in which Reviewer’s Obligations none of the proposed activities will be for MA 12 and MA 21 are necessary to implemented. Additional alternatives meet the specific purpose and need of The Forest Service believes, at this may be considered to achieve the this project, and whether those early state, it is important to give projects purpose and need and to amendments are significant under reviewers notice of several court rulings respond to specific resource issues and NFMA. related to public participation in the • public concerns. What, if any, specific project environmental review process. First, monitoring requirements would be reviewers of draft environmental impact Preliminary Issues needed to assure mitigation measures statements must structure their Tentatively, several preliminary are implemented and effective. participation in the environmental review of the proposal so that it is issues of concern have been identified. Public Involvement and Scoping These issues are briefly described meaningful and alerts an agency to the below: In January 2000 preliminary efforts reviewer’s position and contentions. Transportation Systems: The were made to involve the public in Vermont Yankee Nuclear Power Corp. v. implementation of the proposed action looking at management opportunities NRDC, 435 U.S. 519, 553 (1978). Also, would permanently remove within the Gold/Boulder/Sullivan environmental objectives that could be approximately 3 miles of road from the Planning Area. Comments received raised at the draft environmental impact landscape which may affect the public’s prior to this notice will be included in statement stage may be waived or ability to use traditional routes. the documentation for the EIS. The dismissed by the courts. City of Angoon Visual Resources: Implementation of public is encouraged to take part in the v. Hotel, 803, F.2d 1016, 1022 (9th Cir. the proposed action may alter the process and is encouraged to visit with 1986) and Wisconsin Heritages, Inc. v. existing scenic resource within the Forest Service officials at any time Harris, 490 F. Supp. 1334, 1338 (E.D. project area. Although the proposed during the analysis and prior to the Wis. 1980). Because of these court action is designed to improve the decision. The Forest Service will rulings, it is very important that those visuals of past harvest activities, some seeking information, comments, and interested in this proposed action members of the public may feel that it assistance from Federal, State, and local participate by the close of the 45 day will have additional scenic impacts. agencies and other individuals or comment period so that substantive Wildlife: The proposed action could organizations who may be interested in, comments and objectives are made potentially reduce existing cavity or affected by, the proposed action. This available to the Forest Service at a time habitat in snags and reduce suitable input will be used in preparation of the when it can meaningfully consider and hiding cover for wildlife security. draft and final EIS. The scoping process respond to them in the final EIS. Management activities inside of a will assist in identifying potential To be most helpful, comments on the Research Natural Area: Typically, issues, identifying major issues to be draft EIS should be as specific as commercial thinning is not permitted analyzed in depth, identifying possible and may address the adequacy within RNA’s. In this particular case, a alternatives to the proposed action, of the statement or the merit of the

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Act at 40 CFR 1503.3 in addressing impacts to soils by surface erosion, DATES: Comments concerning the scope these points. compaction, over-land flow, of the revised analysis should be displacement, puddling, and a loss of Responsible Official received by April 14, 2000. site productivity (organic matter, FOR FURTHER INFORMATION CONTACT: As the Forest Supervisor of the nitrogen, water holding capacity, etc.). Kootenai National Forest, 1101 US Activities in combination with past, Questions should be directed to Joel Highway 2 West, Libby, MT 59923, I am other present and reasonably future King, District Ranger, Prospect Ranger the Responsible Official, As the actions may result in adverse District, at 47201 Highway 62, Prospect, Responsible Official I will decide if the Oregon, 97536, phone 541–560–3400, e- cumulative effects to soils (especially l proposed project will be implemented. considering existing skid trails per mail jking/r6pnw [email protected]. I will document the decision and activity area and road density) and Dated: March 10, 2000. reasons for the decision in the Record of known detrimental soil areas. Water Gregory A. Clevenger, Decision. I have delegated the quality: activities may affect water Acting Forest Supervisor. responsibility to prepare the EIS to Glen quality via erosion, sediment [FR Doc. 00–7303 Filed 3–23–00; 8:45 am] M. McNitt, District Ranger, Rexford production, and in combination with BILLING CODE 3410±11±M Ranger District. past, other present and reasonably Dated: March 15, 2000. foreseeable future actions may result in Bob Castaneda, adverse cumulative effects. Vegetation DEPARTMENT OF AGRICULTURE Forest Supervisor, Kootenai National Forest. condition and forest health: activities Forest Service [FR Doc. 00–7282 Filed 3–23–00; 8:45 am] may affect the current mix of seral stages and the long-term health of BILLING CODE 3410±11±M forested stands; activities may also Helicopter Landing Tours on the affect the current conditions associated Juneau Icefield EIS 2000, Tongass National Forest, Juneau Ranger DEPARTMENT OF AGRICULTURE with root disease, insect populations (pine and Douglas-fir beetles), blister District, Juneau, Alaska Forest Service rust, and Douglas-fir dwarf mistletoe, AGENCY: Forest Service, USDA. that is affecting the current and long- ACTION: Notice of Intent to Prepare an Mill Creek Timber Sales and Related term health of forested stands. Wildlife: Environmental Impact Statement. Activities, Rogue River National activities may affect big game (deer and Forest, Jackson County, OR elk) wildlife by affected hiding and SUMMARY: The Department of thermal cover, and forage ratios (winter AGENCY: Forest Service, USDA. Agriculture, Forest Service will prepare range); activities may affect big game ACTION: Revised notice of intent to an Environmental Impact Statement (deer and elk) wildlife travel corridors (EIS) to disclose the environmental prepare an environmental impact and migration routes and road densities. statement. impacts of authorizing helicopter Activities may affect terrestrial wildlife landing tours on the Icefield adjacent to SUMMARY: On December 14, 1999, a habitat associated with late-successional Juneau, Alaska. A previous Notice Of notice of intent for the Mill Creek or old-growth forests; this could affect Intent (NOI), published on February 3, Timber Sales and Related Activities was the degree of forest fragmentation and identified the analysis and decision published in the Federal Register (64 connectivity. Human social and period as extending from 2000 to 2004. FR 69691). Further project design, economic value: activities may affect This is the revised NOI for the same analysis, monitoring of previous actions portions of certain (non-inventoried) project. The Proposed Action has been and scoping have identified changes to ‘‘roadless’’ areas that are currently modified by changing the analysis and the proposed action that will unroaded; some people may value them decision period to 2001–2005. subsequently change the responsible for their late-succesional (or spirtual) The proposed action is to issue official. Analysis has identified the need character. Activities may affect late seral special use permits (2001–2005) to adjust the standards and guidelines or old-growth vegetation characteristics; authorizing helicopter tour companies for soil in the 1990 Land and Resource some people believe such conditions to land on the Juneau Icefield at Management Plan (Forest Plan) for the should be preserved on public lands. specified locations and conduct tours. Rogue River National Forest. As part of Activities associated with the proposed In addition to the regular glacier tours, the decision for the Mill Creek Timber action or its alternatives may generate this EIS will also analyze the effects of Sales and Related Activities, an various economic benefits/costs or dog sled mushing tours, glacier trekking amendment to the Forest Plan will be overall present net values, depending on tours, and a combined fixed-wing/ made to make the Forest Plan consistent design. helicopter tour that would land at the with regional policy, standards and The range of alternatives being lake at Antler Glacier. The majority of guidelines related to soil quality. An considered includes a ‘‘no-action’’ use would occur between May and amendment to the Forest Plan is a alternative; the proposed action; an September of each year. Tours would Forest Supervisor’s decision. Therefore alternative designed to lessen adverse originate at private heliports and the responsible official for this EIS impacts to current soil conditions; an helicopter flight paths would transit a changes from the District Ranger to the alternative that lessens the adverse variety of private and municipal lands Forest Supervisor. In addition, further impacts to big game cover, migration prior to entering the National Forest. analysis and scoping have allowed routes and connectivity of late The proposed action would maintain clarification of the preliminary issues successional stand types; and an the authorized helicopter landings on and the development of alternatives to alternative that would defer action in the Juneau Icefield at the 1999

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 15896 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices authorized level of 19,039 landings. The Preliminary issues that have been National Environmental Policy Act at 40 Forest Service continues to seek identified include helicopter noise CFR 1503.3 in addressing these points. information and comments from disturbance to residential areas, The final EIS and Record of Decision Federal, State, and local agencies as wildlife, and ground-based recreation is expected to be released in October, well as individuals and organizations users. 2000. The Juneau District Ranger, who may be interested in, or affected by, In 1992 an environmental assessment Tongass National Forest will, as the the proposed action. and in 1995 an environmental impact responsible official for the EIS, make a statement were prepared to analyze the DATES: Comments concerning the scope decision regarding this proposal of the analysis should be received in effects of these tours. Comments from considering the comments, responses, writing by March 31, 2000. A public the EA and EIS were used to identify and environmental consequences issues for this EIS. Comments will be meeting was held at the Juneau Ranger discussed in the Final EIS, and accepted throughout the EIS process District on February 25 from 2:00 p.m. applicable laws, regulations, and but, to be most useful, should be until 8:00 p.m. District staff were policies. The decision and supporting received by March 31, 2000. available at this open house to explain reasons will be documented in the The draft environmental impact Record of Decision. the project, accept comments, and statement should be available for review answer questions. The Forrest Service is by April 30, 2000. The comment period Dated: March 9, 2000. also participating with City and on the draft environmental impact Pete Griffin, Borough of Juneau Tourism Advisory statement will be 45 days from the date Juneau District Ranger. and Planning and Policy Committees the Environmental Protection Agency [FR Doc. 00–7280 Filed 3–23–00; 8:45 am] who are addressing the noise impacts of publishes the notice of availability in BILLING CODE 3410±11±M flightseeing tours on the community, the Federal Register. including the proposed helicopter tours, The Forest Service believes, at this through a series of public and municipal early stage, it is important to give COMMITTEE FOR PURCHASE FROM meetings. reviewers notice of several court rulings PEOPLE WHO ARE BLIND OR ADDRESSES: Written comments and related to public participation in the SEVERELY DISABLED suggestions concerning the analysis environmental review process. First, should be sent to Laurie Thorpe, reviewers of draft environmental impact Procurement List; Proposed Additions Interdisciplinary Team Leader, Juneau statements must structure their and Deletions Ranger District Office, 8465 Old Dairy participation in the environmental AGENCY: Committee for Purchase From Road, Juneau, Alaska 99801. review of the proposal so that it is meaningful and alerts an agency to the People Who Are Blind or Severely FOR FURTHER INFORMATION CONTACT: Disabled. Laurie Thorpe, Interdisciplinary Team reviewer’s position and contentions. Vermont Yankee Nuclear Power Corp. v. ACTION: Proposed additions to and Leader, Juneau Ranger District Office, deletions from Procurement List. 8465 Old Dairy Road, Juneau, Alaska NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be 99801, (907) 586–8800, fax number SUMMARY: The Committee has received raised at the draft environmental impact (907) 586–8808. Email may be sent to proposals to add to the Procurement List statement stage that are not raised until lthorpe/[email protected]. commodities and services to be after the completion of the final furnished by nonprofit agencies SUPPLEMENTARY INFORMATION: The environmental impact statement may be employing persons who are blind or purpose and need for the proposed waived or dismissed by the courts. City have other severe disabilities, and to action is to meet public demand for of Angoon v. Hodel, 803 F.2d. 1016, quality guided services which provide 1022 (9th Cir. 1986) and Wisconsin delete commodities previously safe access to remote locations on the Heritages, Inc. v. Harris, 490 F. Supp. furnished by such agencies. Comments Must Be Received on or Juneau Icefield. Meeting this demand 1334, 1338 (E.D. Wis. 1980). Because of Before: April 24, 2000. includes providing for visitor safety and these court rulings, it is very important an appropriate balance between that those interested in this proposed ADDRESSES: Committee for Purchase commercial guided recreation action participate at the close of the 45 From People Who Are Blind or Severely opportunities and non-commercial, non- day comment period so that substantive Disabled, Crystal Gateway 3, Suite 310, guided recreation opportunities without comments and objections are made 1215 Jefferson Davis Highway, unacceptable impacts to other forest available to the Forest Service at a time Arlington, Virginia 22202–4302. users and resources. when it can meaningfully consider them FOR FURTHER INFORMATION CONTACT: The District Ranger, Juneau Ranger and respond to them in the final Louis R. Bartalot (703) 603–7740. District, is the official responsible for environmental impact statement. To SUPPLEMENTARY INFORMATION: This authorizing the special use permits that assist the Forest Service in identifying notice is published pursuant to 41 have been requested. The decision to be and considering issues and concerns on U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its made is whether or not to issue special the proposed action, comments on the purpose is to provide interested persons use permits for helicopter landing tours draft environmental impact statement an opportunity to submit comments on on the Icefield as requested, and if should be as specific as possible. It is the possible impact of the proposed issued, the authorized locations, levels also helpful if comments refer to actions. of use, and the types of activities. The specific pages or chapters of the draft District Ranger will also determine any statement. Comments may also address Additions mitigation measures that will be the adequacy of the draft environmental If the Committee approves the required. The no action and proposed impact statement or the merits of the proposed additions, all entities of the action alternatives will be considered in alternatives formulated and discussed in Federal Government (except as the EIS as well as other alternatives the statement. Reviewers may wish to otherwise indicated) will be required to which address significant issues and refer to the Council on Environmental procure the commodities and services satisfy the purpose and need for the Quality Regulations for implementing listed below from nonprofit agencies action. the procedural provisions of the employing persons who are blind or

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 15897 have other severe disabilities. I certify Naturalization Service, Institutional 44833 and 70099, 64 FR 58378, 65 FR that the following action will not have Hearing Program, 7405CI Highway 75 2373, 3416 and 6981) of proposed a significant impact on a substantial South, Huntsville, Texas. additions to the Procurement List. number of small entities. The major NPA: Tri-County Mental Health Mental Retardation Services, Conroe, Texas. After consideration of the material factors considered for this certification presented to it concerning capability of were: Deletion qualified nonprofit agencies to provide 1. The action will not result in any the services and impact of the additions additional reporting, recordkeeping or I certify that the following action will on the current or most recent other compliance requirements for small not have a significant impact on a contractors, the Committee has entities other than the small substantial number of small entities. determined that the services listed organizations that will furnish the The major factors considered for this below are suitable for procurement by commodities and services to the certification were: the Federal Government under 41 U.S.C. Government. 1. The action will not result in any 46–48c and 41 CFR 51–2.4. I certify that 2. The action will result in additional reporting, recordkeeping or the following action will not have a authorizing small entities to furnish the other compliance requirements for small significant impact on a substantial commodities and services to the entities. number of small entities. The major Government. 2. The action will result in factors considered for this certification 3. There are no known regulatory authorizing small entities to furnish the were: alternatives which would accomplish commodities to the Government. 1. The action will not result in any 3. There are no known regulatory the objectives of the Javits-Wagner- additional reporting, recordkeeping or alternatives which would accomplish O’Day Act (41 U.S.C. 46–48c) in other compliance requirements for small the objectives of the Javits-Wagner- connection with the commodities and entities other than the small O’Day Act (41 U.S.C. 46–48c) in services proposed for addition to the organizations that will furnish the connection with the commodities Procurement List. Comments on this services to the Government. certification are invited. Commenters proposed for deletion from the 2. The action will not have a severe should identify the statement(s) Procurement List. economic impact on current contractors underlying the certification on which The following commodities have been for the services. they are providing additional proposed for deletion from the 3. The action will result in information. Procurement List: Liner, Trousers, Cold The following commodities and Weather, 8415–01–180–0376 8415–01– authorizing small entities to furnish the services have been proposed for 180–0377. services to the Government. addition to Procurement List for 4. There are no known regulatory Leon A. Wilson, Jr., production by the nonprofit agencies alternatives which would accomplish listed: Executive Director. the objectives of the Javits-Wagner- [FR Doc. 00–7324 Filed 3–23–00; 8:45 am] O’Day Act (41 U.S.C. 46–48c) in Commodities BILLING CODE 6353±01±P connection with the services proposed Tape, Electronic Data, 7045–01–391–0947, for addition to the Procurement List. 7045–01–438–7086. Accordingly, the following services NPA: North Central Sight Services, Inc., COMMITTEE FOR PURCHASE FROM are hereby added to the Procurement Williamsport, Pennsylvania. PEOPLE WHO ARE BLIND OR List: SEVERELY DISABLED Services Base Supply Center, 934th Airlift Wing ARS, Minneapolis, Minnesota. Acquisition & Distribution of AA-Cell Procurement List; Additions Batteries, Tier AD, (6135–00–643–1309), Base Supply Center, Offutt Air Force Base, Defense Supply Center—Richmond, AGENCY: Committee for Purchase From Nebraska. People Who Are Blind or Severely Richmond, Virginia. Janitorial/Custodial NPA: Eastern Carolina Vocational Center, Disabled. Inc, Greenville, North Carolina. ACTION: Additions to the Procurement U.S. Customs Service, Office of Investigation, East and West Wings, Building 50, JFK Eyewear Prescription Service at the following List. Airport, Jamaica, New York. locations: Department of Veterans Administration Medical Center SUMMARY: This action adds to the Library Services, Building 405, Shaw Air Outpatient Clinic, 3510 Augusta Road, Procurement List services to be Force Base, South Carolina. Greenville, South Carolina, Department furnished by nonprofit agencies Mailroom Operation, U.S. Department of of Veterans Affairs Medical Center, 6439 employing persons who are blind or State, Office of Foreign Buildings Garners Ferry Road, Columbia, South have other severe disabilities. Operations, 1701 North Fort Myer Drive, Carolina. Arlington, Virginia. EFFECTIVE DATE: April 24, 2000. NPA: Winston-Salem Industries for the Operation of Individual Equipment Element Blind, Winston-Salem, North Carolina. ADDRESSES: Committee for Purchase Store and HAZMART, McGuire Air Janitorial/Custodial for the following From People Who Are Blind or Severely Force Base, New Jersey. locations in Pasadena, California: US Disabled, Crystal Gateway 3, Suite 310, Reprographics, (GPO Program #464–S), Court of Appeals, 125 South Grand 1215 Jefferson Davis Highway, Department of Energy, Washington, DC. Avenue, Social Security Administration Arlington, Virginia 22202–4302. Building, 104 Mentor Street. NPA: Asian This action does not affect current FOR FURTHER INFORMATION CONTACT: Rehabilitation Services, Inc., Los contracts awarded prior to the effective Angeles, California. Louis R. Bartalot (703) 603–7740. date of this addition or options that may Janitorial/Custodial, Bureau of Reclamation, SUPPLEMENTARY INFORMATION: On August be exercised under those contracts. Farmington Construction Office (FCO), 21, and December 18, 1998, October 29, 2200 Bloomfield Highway, Farmington, 1999, January 14 and 21, and February Leon A. Wilson, Jr., New Mexico. NPA: RCI, Inc., 11, 2000, the Committee for Purchase Executive Director. Albuquerque, New Mexico. From People Who Are Blind or Severely [FR Doc. 00–7325 Filed 3–23–00; 8:45 am] Janitorial/Custodial, U.S. Immigration & Disabled published notices (63 FR BILLING CODE 6353±01±P

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DEPARTMENT OF COMMERCE to allow a reasonable, but limited, time 5. Discuss Commercial Law for interested parties to augment their Development Programs in Africa. Office of the General Counsel; Laws or previous comments, or to file original 6. Review status and prospects for Regulations Posing Barriers to comments, in light of the comments of passage of the African Growth and Electronic Commerce other parties, which have been routinely Opportunity Act. AGENCY: Department of Commerce. posted on our Web site at http:// PUBLIC PARTICIPATION: The meeting will www.ecommerce.gov/ebarriers/review as ACTION: Notice, 30-day re-opening of be open to public participation. Seating soon as practicable after their receipt. comment period. will be available on a first-come first- Comments filed after April 24, 2000, served basis. Members of the public SUMMARY: The Department of will not be considered by the Subgroup. who plan to attend are requested to Commerce, on behalf of the Subgroup Detailed background information advise Ms. Alicia Robinson, Office of on Legal Barriers to Electronic concerning the original request for Africa, tel: 202–482–5148, fax: 202– Commerce (‘‘Legal Barriers Subgroup’’) comments is contained in the above- 482–5198, e-mail: of the U.S. Government Working Group cited Federal Register notice, a copy of [email protected] by March on Electronic Commerce, re-opens for which is also posted at http:// 28, 2000. an additional 30 days the response www.ecommerce.gov/ebarriers/fedreg1. FOR FURTHER INFORMATION CONTACT: Ms. period for our request for public A copy of this notice can be found at Alicia Robinson, Office of Africa, Room comments and suggestions concerning http://www.ecommerce.gov/ebarriers/ 2037, U.S. Department of Commerce; policies, laws or regulations that need to fedreg2. tel: 202–482–5148, fax: 202–482–5198, be adapted in order to eliminate barriers Publication: e-mail: alicia [email protected]. to and promote electronic commerce, electronic services, and electronic Comments will be published online at Dated: March 20, 2000. transactions. The original notice was http://www.ecommerce.gov/ebarriers/ Sally Miller, published on February 1, 2000, with review. Respondents should not submit Director, Office of Africa. comments to be provided by March 17, materials that they do not desire to be [FR Doc. 00–7273 Filed 3–23–00; 8:45 am] 2000 (65 FR 4801). made public. BILLING CODE 3510±DA±P DATES: Comments are requested by Authority: April 24, 2000. Presidential Memorandum, ADDRESSES: Comments may be COMMODITY FUTURES TRADING ‘‘Facilitating the Growth of Electronic COMMISSION submitted via the Web at http:// Commerce,’’ dated November 29, 1999. www.ecommerce.gov/ebarriers/respond. Alternatively, electronic submissions Dated: March 21, 2000. Sunshine Act Meeting may be sent as documents attached to E- Andrew J. Pincus, AGENCY: Commodity Futures Trading mail messages addressed to General Counsel, Department of Commerce. Commission. [email protected]. Submissions [FR Doc. 00–7404 Filed 3–23–00; 8:45 am] ``FEDERAL REGISTER'' CITATION OF made as E-mail attachments or BILLING CODE 3510±BW±U submitted on floppy disks should be in PREVIOUS ANNOUNCEMENT: 65 FR 11988. WordPerfect, Microsoft Word or ASCII PREVIOUSLY ANNOUNCED TIME AND DATE OF format. Diskettes should be labeled with DEPARTMENT OF COMMERCE MEETING: 10:00 a.m., Wednesday, March the name of the party and the name and 29, 2000. version of the word processing program International Trade Administration CHANGES IN THE MEETING: The Commodity Futures Trading used to create the document. Paper Advisory Committee on Africa; Notice Commission has cancelled the meeting submissions may be mailed to the of Open Meeting Subgroup on Legal Barriers to Electronic on proposed regulation 1.41(z). Commerce, U.S. Department of AGENCY: International Trade CONTACT PERSON FOR MORE INFORMATION: Commerce, 14th Street and Constitution Administration/Deputy Assistant Jean A. Webb, 418–5100. Avenue, NW., Room 2815, Washington Secretary for Africa, Commerce. Jean A. Webb, DC 20230. If possible, paper SUMMARY: The Advisory Committee on submissions should include floppy Africa was established to advise the Secretary of the Commission. disks in WordPerfect, Microsoft Word or Secretary of Commerce and the Deputy [FR Doc. 00–7409 Filed 3–22–00; 10:28 am] ASCII format. Except for floppy disks Secretary of Commerce on commercial BILLING CODE 6351±01±M with paper submissions, duplicate policy issues in Sub-Saharan Africa. copies should not be submitted. TIME AND PLACE: March 30, 2000 from FOR FURTHER INFORMATION CONTACT: 9 a.m. to 12 noon. The meeting will take DEPARTMENT OF DEFENSE Kenneth Clark, phone: 202–482–3843; place at the Main Department of Department of the Navy E-mail [email protected]. Commerce Building, Room 4830, 14th SUPPLEMENTARY INFORMATION: Street and Constitution Avenue, NW., Government-Owned Invention Washington, DC 20230. Background Available for Licensing AGENDA: The Department of Commerce has 1. Review of recent trends in U.S. AGENCY: Department of the Navy, DOD. determined that it is appropriate to re- trade with Africa. ACTION: Notice. open the record for comments 2. Discuss proposals for a Workshop concerning the above-described request for African Trade Ministers on the SUMMARY: The Department of the Navy for public comments for an additional World Trade Organization. hereby gives notice of the general 30-day period in order: (1) To officially 3. Discuss commercial implications of availability of exclusive or partially accommodate the significant number of the coup d’etat in Cote d’Ivoire. exclusive licenses under the following comments being filed somewhat beyond 4. Discuss actions U.S. firms are pending patent. Any license granted the original comment deadline; and (2) taking to combat HIV/AIDS in Africa. shall comply with 35 U.S.C. 209 and 37

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CFR part 404. Applications will be DEPARTMENT OF DEFENSE Ford Motor Company, a revocable, non- evaluated utilizing the following assignable, partially exclusive license in criteria: (1) Ability to manufacture and Department of the Navy the field of use of all automotive market the technology; (2) applications for cars and trucks under Meeting of the Chief of Naval manufacturing and marketing ability; (3) 30,000 pounds gross vehicle weight in Operations (CNO) Executive Panel time required to bring technology to the United States to practice the market and production rate; (4) AGENCY: Department of the Navy, DOD. Government-owned inventions described in U.S. Patent No. 5,705,863 royalties; (5) technical capabilities; and ACTION: Notice. (6) small business status. entitled ‘‘Hight Speed Magnetostrictive SUMMARY: The CNO Executive Panel is Linear Motor.’’ Serial No. 94/39011 entitled ‘‘A to conduct the final briefing of the Navy DATES: Anyone wishing to object to the Recombinant Polypeptide For Use in the and Alliance Structures II Short Study granting of this license must file written Manufacture of Vaccines Against to the Chief of Naval Operations. This objections along with supporting Campylobacter-induced Diarrhea and to meeting will consist of discussions evidence, if any, not later than May 23, Reduce Colonization’’ by Lee, Guerry, relating to national security issues 2000. Berg and Trust filed 15 July 1997. This associated with coalition and alliance ADDRESSES: Written objections are to be technology represents an effective relationships. filed with the Carderock Division, Naval vaccine and treatment against DATES: The meeting will be held on Surface Warfare Center, Code 004, 9500 Campylobacter diarrhea and comprises April 17, 2000 from 10:00 a.m. to 11:00 MacArthur Blvd., West Bethesda, a recombinant fusion protein of the a.m. Maryland 20817–5700. maltose binding protein (MBP) of E.coli ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: Mr. fused to amino acids 5–337 of the FlaA the office of the Chief of Naval Dick Bloomquist, Director Technology flagellin of Campylobacter coli VC167. Operations, 2000 Navy Pentagon, Transfer, Carderock Division, Naval This fusion protein has provided Washington, DC 20350–2000. Surface Warfare Center, Code 0117, evidence of immunogenicity and 9500 MacArthur Blvd, West Bethesda, FOR FURTHER INFORMATION CONCERNING protective efficacy against challenge by Maryland 20817–5700, telephone (301) THIS MEETING CONTACT: Commander a heterologous strain of Campylobacter 227–4299. Christopher Agan, CNO Executive jejuni 81–176 in mammals. The Panel, 4401 Ford Avenue, Suite 601, Authority: 35 U.S.C. 207, 37 CFR Part 404. technology avoids the technical problem Alexandria, Virginia 22302–0268, (703) Dated: March 15, 2000. of inducing the autoimmune Guillain 681–6205. J.L. Roth, Barre Syndrome (GBS), a post-infection SUPPLEMENTARY INFORMATION: Pursuant Lieutenant Commander, Judge Advocate polyneuropathy caused by to the provisions of the Federal General’s Corps, U.S. Navy, Federal Register Campylobacter molecular mimicry of Advisory Committee Act (5 U.S.C. App. Liaison Officer. human gangliosides. The technology 2), these matters constitute classified [FR Doc. 00–7283 Filed 3–23–00; 8:45 am] includes a recombinant DNA construct information that is specifically BILLING CODE 3810±FF±U encoding the immunodominant region authorized by Executive Order to be of flagellin conserved across the kept secret in the interest of national Campylobacter species; expression— defense and are, in fact, properly DEPARTMENT OF ENERGY systems; methods for inducing an classified pursuant to such Executive immune response through injectable, Order. Accordingly, the Secretary of the National Energy Technology intranasal, and oral formulations; and a Navy has determined in writing that the Laboratory; Notice of Financial method for reducing Campylobacter public interest requires that all sessions Assistance Solicitation intestinal colonization. of the meeting be closed to the public AGENCY: National Energy Technology because they will be concerned with DATES: Laboratory, Department of Energy Applications for an exclusive or matters listed in section 552b(c)(1) of (DOE). partially exclusive license may be title 5, United States Code. submitted at any time from the date of ACTION: Notice. this notice. Dated: March 13, 2000. J.L. Roth, SUMMARY: Notice is hereby given of the ADDRESSES: Navy Medical Research Lieutenant Commander, Judge Advocate intent to issue Financial Assistance Center (NMRC), 503 Robert Grant Ave, General’s Corps, Federal Register Liaison Solicitation No. DE–PS26–00NT40779 Silver Spring, MD 20910–7500. Officer. entitled ‘‘Hybrid Power Systems.’’ The [FR Doc. 00–7318 Filed 3–23–00; 8:45 am] goal of this procurement is to aid the FOR FURTHER INFORMATION CONTACT: CDR BILLING CODE 3810±FF±P development of systems that will Charles J. Schlagel, Office of Technology produce affordable, safe, Transfer, NMRC, phone (301) 319–7427, environmentally-friendly electrical fax (301) 319–7432, e-mail DEPARTMENT OF DEFENSE power with a goal of eventually being [email protected]. 70+ percent efficient (lower heating Dated: March 10, 2000. Department of the Navy value) from fossil fuels. The work will J.L. Roth, focus on proof-of-concept systems of Notice of Intent To Grant Partially suppliers’ market entry product. The Lieutenant Commander, Judge Advocate Exclusive License; Ford Motor system shall contain any combination of General’s Corps, U.S. Navy, Federal Register Company Liaison Officer. existing or ‘‘near-term’’ power industry fuel-to-electricity conversion [FR Doc. 00–7319 Filed 3–23–00; 8:45 am] AGENCY: Department of the Navy, DOD. equipment. One of these components ACTION: Notice. BILLING CODE 3810±FF±P must be a high-temperature fuel cell. SUMMARY: The Department of the Navy DATES: The solicitation will be available hereby gives notice of its intent to grant on the DOE/NETL’s Internet address at

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 15900 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices http://www.netl.doe.gov/business on or continuation decision points will be DEPARTMENT OF ENERGY about April 24, 2000. The solicitation inserted at the completion of each stage. will allow for requests for explanation Additional decision points may be Federal Energy Regulatory and/or interpretation. Solicitations will required depending upon the length of Commission not be distributed in paper form or any one maturation stage. This [Docket Nos. EL98±36±000 and ER91±569± diskette. The exact date and time for the particular program is covered by Section 009] submission of proposals will be 3001 and 3002 of the Energy Policy Act indicated in the solicitation. However, (EPAct), 42 U.S.C. 13542 for financial Aquila Power Corporation v. Entergy at least a forty-five (45)-day response assistance awards. EPAct 3002 requires Services, Inc., as Agent for Entergy time is currently planned. a cost-share commitment of at least 20 Arkansas, Inc., Entergy Louisiana, Inc., FOR FURTHER INFORMATION CONTACT: percent from non-Federal sources for Entergy Mississippi, Inc., Entergy New Kelly A. McDonald, MS I07, U.S. research and development projects and Orleans, Inc., Entergy Gulf States, Inc. Department of Energy, National Energy at least 50 percent for demonstration and Entergy Services, Inc.; Notice of Issuance of Order Technology Laboratory 3610 Collins and commercial projects. Depending on Ferry Road, P.O. Box 880, Morgantown, the phase and maturation stage of the WV 26507–0880, E-mail Address: March 20, 2000. agreement, cost-share expectations will [email protected], On March 16, 2000, the Commission range from 20 to 50 percent. The Telephone Number: (304) 285–4113. issued an Order Granting In Part, And particular program is also covered by Denying In Part, Complaint (Order), in SUPPLEMENTARY INFORMATION: The work Section 2306 of EPAct, 42 U.S.C. 13525 the above-docketed proceedings. The performed under this action will consist for financial assistance awards. The Order found, Inter alia, that Entergy of three phases. The first phase will solicitation will contain as part of the violated section 28.2 of the pro forma entail identification and resolution of application package the applicable tariff but stated that the more barrier issues of the proposed hybrid appropriate forum for evaluating system. This will include concept EPAct representation form(s) for whether Entergy still lacks market identification, system definition, Foreign-owned companies. Funds are power is in Docket No. ER91–569–009. economic evaluation, and experimental not presently available for this Ordering paragraph (C) of the Order work to resolve any barrier issues. This procurement. The Government’s states as follows: Aquila and other information will be used by the DOE for obligation under this award is interested persons may raise or system validation. The second phase contingent upon the availability of elaborate on the issue discussed in the will consist of a detailed design and cost appropriated funds from which body of this order in Docket No. ER91– study of the proposed system. The third payment for award purposes can be 569–009, by filing comments in that phase will include fabrication and made, however, it is anticipated that proceeding addressing this issue within proof-of-concept testing of the proposed two to four awards will be made during thirty (30) days of the date of issuance system. If a potential offeror believes the first quarter of Fiscal Year 2001, of this order. that there are no barrier issues in their with an average total estimated cost Notice is hereby given that the proposed system, and has all of the from $5 to $15 million. deadline for complying with ordering information that would be required in Prospective applicants who would paragraph (C) above, is April 17, 2000. the first phase, the offeror can petition like to be notified as soon as the Copies of the full text of the Order are to DOE to initially start the project in solicitation is available should register available from the Commission’s Public Phase II. Reference Branch, 888 First Street, N.E., The proposed system must contain a at http://www.netl.doe.gov/business. Washington, D.C. 20426. The Order may high-temperature fuel cell combined Provide your E-mail address and click also be viewed on the Internet at with other power generation modules. on the ‘‘Advanced Electric Power http://www.ferc.fed.us/online/rims.htm Other power generation modules that Generation’’ technology choice located (call 202–208–2222 for assistance). may be proposed include: Another fuel under the heading ‘‘Fossil Energy.’’ cell; steam turbine; gas turbine; diesels; Once you subscribe, you will receive an David P. Boergers, other heat engines; etc. This solicitation announcement by E-mail that the Secretary. does not address photovoltaics, wind, or solicitation has been released to the [FR Doc. 00–7312 Filed 3–23–00; 8:45 am] public. Telephone requests, written tidal energy systems. The system must BILLING CODE 6717±01±M be fueled by natural gas. The offerer requests, E-mail requests, or facsimile must be a commercial producer of a requests for a copy of the solicitation major component of the proposed package will not be accepted and/or DEPARTMENT OF ENERGY system or must partner with commercial honored. Applications must be prepared producers of the major components and submitted in accordance with the Federal Energy Regulatory (defined as power producing units such instructions and forms contained in the Commission as fuel cells, turbines, etc.). While the solicitation. The solicitation will allow [Docket No. ER99±3886±002] goal of this procurement is to produce for requests for explanation and/or systems with energy efficiencies greater interpretation. Commonwealth Edison Company and than 70 percent, it is anticipated that the Issued in Morgantown, WV, on March 10, Commonwealth Edison Company of initial market entry systems investigated Indiana; Notice of Filing under this solicitation, may have 2000. efficiencies less than this. Randolph L. Kesling, March 20, 2000. DOE anticipates multiple cooperative Director, Acquisition and Assistance Division. Take notice that on March 10, 2000, agreement awards resulting from this [FR Doc. 00–7305 Filed 3–23–00; 8:45 am] Commonwealth Edison Company and solicitation and no fee or profit will be BILLING CODE 6450±01±P Commonwealth Edison Company of paid to a recipient or subrecipient under Indiana (collectively ComEd), tendered the awards. For agreements spanning for filing amendments to ComEd’s Open more than one maturation stage, Access Transmission Tariff (OATT).

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Any person desiring to be heard or to Point Facilities). El Paso states that DEPARTMENT OF ENERGY protest such filing should file a motion these facilities were required by El Paso to intervene or protest with the Federal to facilitate the sale and delivery of Federal Energy Regulatory Energy Regulatory Commission, 888 natural gas to Westar for resale to Commission First Street, NE, Washington, DC 20426, Energas Company, a Division of Atmos [Docket Nos. ER00±1258±000 and EL00±37± in accordance with Rules 211 and 214 Energy Corporation (Energas), a local 000] of the Commission’s Rules of Practice distribution company. El Paso further and Procedure (18 CFR 385.211 and states that El Paso owns, operates and First Electric Cooperative Corporation; 385.214). All such motions and protests 1 Notice of Issuance of Order maintains the 4 ⁄2-inch O.D., Fuel Line should be filed on or before March 31, from Phillips-Seninole Plant to Riley 2000. Protests will be considered by the March 20, 2000. Compressor Station (Line No. 6018), First Electric Cooperative Corporation Commission to determine the commencing in the Section 328, appropriate action to be taken, but will (First Electric) made a rate filing in C.C.S.D. & R.G.N.G.R.R. Co. Block G, Docket No. ER00–1258–000 pertaining be considered by the Commission to extending approximately 8.4 miles to to arrangements under which it determine the appropriate action to be provides facilities to Arkansas Electric taken, but will not serve to make the northeast, and terminating in Cooperative Corporation to provide protestants parties to the proceedings. Section 229, Waxahachie Tap R.R. Co., wheeling services to Entergy Arkansas Any person wishing to become a party Block G, all in Gaines County Texas. El and C&L Cooperative. Also, in Docket must file a motion to intervene. Copies Paso reports that El Paso and GPM have No. EL00–37–000, First Electric filed a of this filing are on file with the agreed to the conveyance of line No. request for certain waivers of the Commission and are available for public 6018 to GPM contingent upon El Paso’s Commission’s regulations. In particular, inspection. This filing may also be abandonment of the Delivery Point First Electric requested that the viewed on the Internet at http:// Facilities and the natural gas service Commission grant blanket approval www.ferc.fed.us/online/rims.htm (call they provide. El Paso further reports under 18 CFR Part 34 of all future 202–208–2222 for assistance). that by letter agreement dated October 21, 1999, Westar and Energas have issuances of securities and assumptions David P. Boergers, of liabilities by First Electric. On March consented to abandonment of the 15, 2000, the Commission issued an Secretary. Delivery Point Facilities and GPM and Order Granting Request for Waivers Of [FR Doc. 00–7316 Filed 3–23–00; 8:45 am] Westar will provide natural gas service, BILLING CODE 6717±01±M Order Nos. 888 And 889, Addressing pursuant to appropriate State regulatory Requests for Other Waivers And requirements. Accepting Rate Filing (Order), in the DEPARTMENT OF ENERGY El Paso states that the abandonment above-docketed proceedings. would not cause any material change in The Commission’s March 15, 2000 Federal Energy Regulatory El Paso’s cost of service. El Paso Order granted the request for blanket Commission continues the proposed abandonment approval under Part 34, subject to the [Docket No. CP00±125±000] would not result in or cause any conditions found in Ordering interruption, reduction or termination of Paragraphs (C), (D), and (H): El Paso Natural Gas Company; Notice the transportation service presently (C) Within 30 days of the date of this of Request Under Blanket rendered to the customers of the order, any person desiring to be heard Authorization Delivery Point Facilities. or to protest the Commission’s blanket approval of issuances of securities or March 20, 2000. Any person or the Commission’s staff assumptions of liabilities by First Take notice that on March 15, 2000, may, within 45 days after the Electric should file a motion to El Paso Natural Gas Company (El Paso), Commission has issued this notice, file intervene or protest with the Federal Post Office Box 1492, El Paso, Texas pursuant to Rule 214 of the Energy Regulatory Commission, 888 79987, filed a request with the Commission’s Procedural Rules (18 CFR First Street, N.E., Washington, D.C. Commission in Docket No. CP00–125– 385.214) a motion to intervene or notice 20426, in accordance with Rules 211 000, pursuant to Sections 157.216(b) of of intervention and pursuant to Section and 214 of the Commission’s Rules of the Commission’s Regulations under the 157.205 of the Regulations under the Practice And Procedure, 18 CFR 385.211 Natural Gas Act (NGA) for authorization NGA (18 CFR 157.205) a protest to the and 385.214. to abandon, by conveyance to GPM Gas request. If no protest is filed within the (D) Absent a request to be heard Corporation (GPM), seven taps serving allowed time, the proposed activity within the period set forth in Ordering Westar Transmission Company (Westar) shall be deemed to be authorized Paragraph (C) above, First Electric is and the service rendered by means effective the day after the time allowed hereby authorized to issue securities thereof authorized in blanket certificate for filing a protest. If a protest is filed and assume obligations and liabilities as issued in Docket No. CP82–435–000, all and not withdrawn within 30 days after guarantor endorser, surety or otherwise as more fully set forth in the request on the time allowed for filing a protest, the in respect of any security of another file with the Commission and open to person; provided that such issue or instant request shall be treated as an public inspection. This filing may be assumption is for some lawful object application for authorization pursuant viewed on the web at http:// within the corporate purposes of First www.ferc.fed.us/online/rims.htm (call to Section 7 of the NGA. Electric, compatible with the public 202–208–2222 for assistance). David P. Boergers, interest, and reasonably necessary or El Paso proposes to abandon seven Secretary. appropriate for such purposes. taps known as the Hanslik & Emens (H) The Commission reserves the right [FR Doc. 00–7317 Filed 3–23–00; 8:45 am] Tap, the Anna McCollum Tap, the Paul to modify this order to require a further McCollum Tap, the Howard D. Oliver BILLING CODE 6717±01±M showing that neither public nor private Tap, the Fred Belt Tap, the Bob J. Spears interests will be adversely affected by Tap and the R.T. Bedwell Tap (Delivery continued Commission approval of First

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Electric’s issuances of securities or or to protest the Commission’s blanket ER95–1001–000, EL95–17–000, ER95–1615– assumptions of liabilities***. approval of issuances of securities or 000, ER96–2709–000, TX97–7–000, ER00– Notice is hereby given that the assumptions of liabilities by the 1526–000, ER00–1381–000, ER00–1695–000, deadline for filing motions to intervene Applicants should file a motion to ER00–1743–000, ER00–536–000, ER00– or protests, as set forth above, is April 1820–000, EC98–40–000, ER98–2770–000, intervene or protest with the Federal ER98–2786–000, and EL99–57–000; Midwest 14, 2000. Energy Regulatory Commission, 888 Independent Transmission System Operator, Copies of the full text of the Order are First Street, N.E, Washington, D.C. Inc., The Cincinnati Gas & Electric Company, available from the Commission’s Public 20426, in accordance with Rules 211 Commonwealth Edison Company, Reference Branch, 888 First Street, N.E., and 214 of the Commission’s Rules of Commonwealth Edison Company of Indiana, Washington, D.C. 20426. The Order may Practice and Procedure, 18 CFR 385.211 Illinois Power Company, PSI Energy, Inc., also be viewed on the Internet at and 385.214. Wisconsin Electric Power Company, Union http://www.ferc.fed.us/online rims. htm (3) Absent a request to be heard Electric Company, Central Illinois Public (call 202–208–2222 for assistance). within the period set forth in Ordering Service Company, Louisville Gas & Electric Paragraph (2) above, if the Applicants Company, Kentucky Utilities Company, David P. Boergers, Alliance Companies; American Electric have requested such authorization, the Secretary. Power Service Corporation, Consumers Applicants are hereby authorized to [FR Doc. 00–7313 Filed 3–23–00; 8:45 am] Energy Company, Detroit Edison Company, issue securities and assume obligations FirstEnergy Corporation, Virginia Electric BILLING CODE 6717±01±M and liabilities as guarantor, indorser, and Power Company, Commonwealth Edison surety or otherwise in respect of any Company, Commonwealth Edison Company DEPARTMENT OF ENERGY security of another person; provided of Indiana, Inc., IES Utilities Inc., Interstate that such issue or assumption is for Power Company, MidAmerican Energy Federal Energy Regulatory some lawful object within the corporate Company, Midwest Independent purposes of the Applicants, compatible Transmission, System Operator, Inc., Mid- Commission Continent Area Power Pool, Southwest with the public interest, and reasonably Power Pool, Inc., UtiliCorp United Inc. and [Docket Nos. ER00±1139±000 and ER00± necessary or appropriate for such 1140±000, ER00±1141±000, ER00±1147±000, St. Joseph Light & Power Company, UtiliCorp ER00±1171±000 (Not consolidated)] purposes. United Inc. and The Empire District Electric (5) The Commission reserves the right Company, Commonwealth Edison Company Gleason Power I, L.L.C., West Fork to modify this order to require a further and PECO Energy Company, UtiliCorp Land Development Company, L.L.C., showing that neither public nor private United Inc. v. City of Harrisonville, Missouri, Des Plaines Green Land Development, interests will be adversely affected by Entergy Power Marketing Corporation v. L.L.C., AES Londonderry, LLC and continued Commission approval of the Southwest Power Pool, Central Power and Applicants’ issuances of securities or Light Company, West Texas Utilities Tiverton Power Associates Limited Company, Public Service Company of Partnership; Notice of Issuance of assumptions of liabilities. Notice is hereby given that the Oklahoma, Southwestern Electric Power Order Company, Prairieland Energy, Inc., Entergy deadline for filing motions to intervene Services, Inc., Central Power and Light March 20, 2000. or protests, as set forth above, is April Company, West Texas Utilities Company, Gleason Power I, L.L.C., West Fork 17, 2000. Public Service Company of Oklahoma, Land Development Company, L.L.C., Copies of the full text of the Order are Southwestern Electric Power Company, Des Plaines Green Land Development available from the Commission’s Public Northern States Power Company, et al. Company, L.L.C., AES Londonderry, Reference Branch, 888 First Street, NE., (Minnesota); Cheyenne Light, Fuel and LLC, and Tiverton Power Associates Washington, DC 20426. This issuance Power Company, et al., Northern States Limited Partnership (hereafter, ‘‘the may also be viewed on the Internet at Power Company, et al. (Minnesota), New Applicants’’) filed with the Commission http://www.ferc.fed.us/online/rims.htm Century Services, Inc., Mid-Continent Area rate schedules in the above-captioned (call 202–208–2222 for assistance.) Power Pool, Entergy Services, Inc., Mid- proceedings, respectively, under which Continent Area Power Pool, Entergy Services, Inc., Entergy Services, Inc. and Entergy the Applicants will engage in wholesale David P. Boergers, Secretary. Power, Inc., Entergy Power Marketing Corp., electric power and energy transactions Entergy Services, Inc., Missouri Basin at market-based rates, and for certain [FR Doc. 00–7314 Filed 3–23–00; 8:45 am] Municipal Power Agency, Reliant Energy waivers and authorizations. In BILLING CODE 6717±01±M Services, Inc., Ameren Services Company, particular, certain of the Applicants may Union Electric Company, d/b/a AmerenUE, also have requested in their respective Entergy Services, Inc., Southwestern Public applications that the commission grant DEPARTMENT OF ENERGY Service Company, Commonwealth Edison blanket approval under 18 CFR Part 34 Company, Commonwealth Edison Company Federal Energy Regulatory of all future issuances of securities and of Indiana, American Electric Power Commission assumptions of liabilities by the Company and Central and South West Corporation and Entergy Services, Inc. Applicants. On March 16, 2000, the Regional Transmission Organizations; On December 20, 1999, the Commission issued an order that Notice of Meeting accepted the rate schedules for sales of Commission issued Order No. 2000 to capacity and energy at market-based March 20, 2000. advance the formation of Regional rates (Order), in the above-docketed In the matter of: RM99–2–000, ER98–1438– Transmission Organizations (RTOs). proceedings. 000, EC98–24–000, ER99–3144–000, EC99– Order No. 2000 announced the The Commission’s March 16, 2000 80–000, EL00–25–000, ER00–448–000, ER99– initiation of a regional collaborative Order granted, for those Applicants that 3318–000, EL00–39–000, EC00–27–000, process to aid in the formation of RTOs. sought such approval, their request for EC00–28–000, EC00–26–000, EL00–43–000, To initiate the collaborative process, the EL00–46–000, ER99–2779–000, TX00–2–000, Commission organized a series of blanket approval under Part 34, subject ER98–4410–000, ER99–1659–000, ER99– to the conditions found in Appendix B 1660–000, ER99–3914–000, ER99–3916–000, regional workshops. These workshops in Ordering Paragraphs (2), (3), and (5): EC99–101–000, ER99–1610–000, ER99–993– are open to all interested parties. The (2) Within 30 days of the date of this 000, ER98–2910–000, EL98–74–000, ER98– fourth workshop is scheduled for March order, any person desiring to be heard 3709–000, ER95–112–000, ER96–586–000, 29–30, 2000 in Kansas City, Missouri.

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During the course of the Kansas City Worth Metroplex, Dallas, Denton and Summary workshop, discussion of the above- Tarrant Counties, TX. EPA’s previous issues concerning the listed cases could arise. Any person Summary lack of a signed Memorandum of having an interest in an above-listed Understanding for the Comprehensive EPA has environmental concerns case is invited to attend the Kansas City Port Improvement Plan (CPIP), the about water quality. EPA requested workshop. There will be no Commission cumulative impacts analysis, and the no additional information regarding transcript of any of the workshops, and action alternative have been adequately optimum channel and lake morphology information discussion or disseminated addressed. EPA requested that air to ensure safe and recreational use in the workshop will not constitute part quality analyses be committed to in the compatible with water quality within of the decisional record in the above- Record of Decision for this project and the lakes. EPA also requested additional listed cases, unless formally, filed in completed prior to project information regarding the Dallas Master accordance with Commission implementation. EPA expressed Plan’s compatibility with Floodplain Regulations. concerns that until the CPIP is Management requirements established completed, impacts associated with port David P. Boergers, by Executive Order 11988. facility and infrastructure expansions Secretary. ERP No. D–NRS–A36450–00 Rating will not have been addressed. EPA [FR Doc. 00–7315 Filed 3–23–00; 8:45 am] EC2, Programmatic EIS—Emergency commented that a supplemental EIS for BILLING CODE 6717±01±M Watershed Protection Program, the Harbor Navigation Project may be Improvements and Expansion, To required at some point in the future. Preserve Life and Property Threatened ERP No. F–DOE–G60007–NM, The ENVIRONMENTAL PROTECTION by Disaster-Caused Erosion and Conveyance and Transfer of Certain AGENCY Flooding, US 50 States and Territories Land Tracts Administered by the US except Coastal Area. [ER±FRL±6252±5] DOE and Located at Los Alamos Summary National Laboratory, Los Alamos and Environmental Impact Statements and Santa Fe Counties, NM. Regulations; Availability of EPA EPA expressed concern that the Comments ‘‘Prioritized Watershed Planning and Summary Management’’ alternative was not EPA has no objection to the action as Availability of EPA comments selected as the proposed action. EPA proposed. prepared March 6, 2000 Through March requested several modifications to the 10, 2000 pursuant to the Environmental proposed program, including Dated: March 21, 2000. Review Process (ERP), under section requirements for cumulative impact B. Katherine Biggs, 309 of the Clean Air Act and section assessment and greater use of Associate Director, NEPA Compliance 102(2)(c) of the National Environmental bioengineering principles when Division Office of Federal Activities. Policy Act as amended. Requests for designing projects. [FR Doc. 00–7348 Filed 3–23–00; 8:45 am] copies of EPA comments can be directed Final EISs BILLING CODE 6560±50±U to the Office of Federal Activities at (202) 564–7167. ERP No. F–AFS–J65314–MT, Flathead An explanation of the ratings assigned National Forest, Swan Lake Ranger ENVIRONMENTAL PROTECTION to draft environmental impact District, Meadow Smith Project, AGENCY Vegetative Treatments and Other statements (EISs) was published in FR [ER-FRL±6252±4] dated April 9, 1999 (63 FR 17856). Activities to Maintain and Restore Large-Tree Old Grow Forest Draft EISs Environmental Impact Statements; Characteristics, Lake and Missoula Notice of Availability ERP No. D–AFS–L65342–00 Rating Counties, MT. EC2, Pacific Northwest Region Douglas- Responsible Agency: Office of Federal fir Tussock Moth (orgvia pseudotsugata) Summary Activities, General Information (202) Project, To Partially Control an EPA continues to express concern 564–7167 OR www.epa.gov/oeca/ofa. Anticipated Outbreak of Douglas-fir about the level of monitoring proposed Weekly receipt of Environmental Impact tussock moth, To be Implemented in to identify actual impacts from the Statements Nine National Forests in WA and OH. implementation activities. EPA also Filed March 13, 2000 Through March requested additional mitigation 17, 2000 Summary measures to reduce other impacts. Pursuant to 40 CFR 1506.9. EPA expressed concerns about the EIS ERP No. F–BLM–K67050–NV, South EIS No. 000078, Final EIS, SFW, ID, MT, lacking a clear demonstration that Pipeline Mine Project, Proposal to Grizzly Bear (Ursus arctos horribilus) defoliation by tussock moths would Extend Gold Mining Operations, Recovery Plan in the Bitterroot adversely affect the environment. EPA Implementation, Lander County, NV. Ecosystem, Implementation, also urged that the EIS apply the Endangered Species Act, Proposed protocol for addressing 303(d) waters, Summary Special Rule 10(j) Establishment of a discuss further the IPM approach used, EPA continues to express concern Nonessential Experimental and describe the indicators that would regarding air/water quality impacts and Population of Grizzly Bears in the trigger spraying. the ecological risk of pit lakes. EPA Bitterroot Area, Rocky Mountain, ERP No. D–COE–G36151–TX Rating requested that BLM address these issues Blaine, Camas, Boise, Clearwater, EC2, Programmatic EIS—Upper Trinity before the Record of Decision is signed. Custer, Elmore, Idaho, Lemhi, River Basin Feasibility Study, To ERP No. F–COE–C32035–00, New Shoshone, Due: April 24, 2000, Provide Flood Damage Reduction, York and New Jersey Harbor Navigation Contact: Dr. Christopher Servheen Environmental Restoration, Water Study, Identify, Screen and Select (406) 243–4903. Quality Improvement and Recreational Navigation Channel Improvements, NY EIS No. 000079, Draft EIS, FHW, VA, Enhancement, Trinity River, Dallas-Fort and NJ. Coalfields Expressway Location

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Study, Improvements from Route 23 ACTION: Notice and request for public to the Hazardous Substance Superfund. near Pound, VA to the WV State Line comment. This payment along with the $1.056 east of Slate, VA, Funding and COE million reimbursement via the de Section 404 Permit, Wise, Dickerson SUMMARY: In accordance with the minimis settlements constitutes and Buchanan, VA, Due: May 12, requirements in section 122(i)(1) of the approximately a 93% settlement of all 2000, Contact: Roberto Forseca- Comprehensive Environmental EPA’s costs at the site. Martinez (804) 775–3320. Response, Compensation and Liability In exchange for payment, EPA will Act (CERCLA), notice is hereby given of provide the settling parties with a Amended Notices a proposed past cost settlement under limited covenant not to sue for liability EIS No. 000001, Draft EIS, SFW, WA, section 122(h), concerning the Colorado under section 107(a) of CERCLA, which Tacoma Water Green River Water School of Mines Research Institute site includes liability for EPA’s past costs Supply Operations and Watershed in Golden, Colorado (Site). The and contribution protection for EPA’s Protection Habitat Conservation Plan, proposed Administrative Order on past costs and other past costs incurred Implementation, Issuance of a Consent (AOC) requires several before and including May 31, 1997. The Multiple Species Permit for Incidental Potentially Responsible Parties (PRPs), covenants and contribution protection Take, King County, WA, Due: March including Federal PRPs to pay an also extends to Colorado School of 31, 2000, Contact: Tim Romanski aggregate total of $871,000 to the United Mines (CSM), Colorado School of Mines (360) 753–5823. Published FR on 1– States Environmental Protection Agency Research Institute (CSMRI), and the 14–2000: CEQ Comment Date has (EPA) related to response actions taken State of Colorado who are also been extended from 03/14/2000 to 03/ at the Site. signatories to the agreement. The only 31/2000. DATES: Comments must be submitted by other past costs known at this time were EIS No. 000062, Final EIS, OSM, TN, April 24, 2000. incurred by the signatories to the Fall Creek Falls Petition Evaluation ADDRESSES: The proposed settlement is agreement. Document, Implementation, Designate available for public inspection at the For a period of thirty (30) days from the Land as Unsuitable for Surface EPA Superfund Record Center, 999 18th the date of this publication, the public Coal Mining Operation, Van Buren Street, 5th Floor, North Tower, Denver, may submit comments to EPA relating and Bledsoe Counties, TN , Due: May Colorado. Comments should be to this proposed past cost settlement. 03, 2000, Contact: Sam K. Bae (202) addressed to Kelcey Land, Enforcement A copy of the proposed AOC may be 208–2633. Published FR on 3–03– Specialist, (8ENF–T), U.S. obtained from Kelcey Land (8ENF–T), 2000: CEQ Comment Date has been Environmental Protection Agency, 999 U.S. Environmental Protection Agency, extended from 04/03/2000 to 05/03/ 18th Street, Suite 500, Denver, Region VIII, 999 18th Street, Suite 5000, 2000. Colorado, 80202–2405, and should Colorado 80202–2405, (303) 312–6393. reference the Colorado School of Mines Additional background information EIS No. 000074, Draft EIS, AFS, CO, Research Institute Past Cost Settlement relating to the proposed cost settlement Upper Blue Stewardship Project, (EPA Docket No. CERCLA–8–2000–7). is available for review at the Superfund Implementation of Vegetation FOR FURTHER INFORMATION CONTACT: Records Center at the above address. Management, Travel Management, It is So Agreed. Designation of Dispersed Camping Kelcey Land, Enforcement Specialist, at Sites, White River National Forest, (303) 312–6393. Jack W. McGraw, Dillon Ranger District, Summit SUPPLEMENTARY INFORMATION: Notice of Acting Regional Administrator, Region VIII. County, CO, Due: May 01, 2000, section 122(h) past cost settlement: In [FR Doc. 00–7328 Filed 3–23–00; 8:45 am] Contact: Kathleen Phelps (970) 468– accordance with section 122(i)(1) of BILLING CODE 6560±50±U 5400. Published FR–3–17–00— CERCLA, notice is hereby given that the Correction to Comment Period from terms of an Administrative Order on 5–12–2000 to 5–1–2000 and Consent (AOC) has been agreed to by ENVIRONMENTAL PROTECTION Correction to Title. the following parties: AGENCY The PRPs include: ASARCO Inc., BP Dated: March 21, 2000. America, Inc., Cotter Corporation, [FRL±6564±4] B. Katherine Biggs, Cyprus Amax Minerals Company, El Announcement of Schedule for Associate Director, Office of Federal Paso Natural Gas Company, Elf Activities. Resource Conservation & Recovery Aquitane, Inc. on behalf of several Act (RCRA) Corrective Action [FR Doc. 00–7349 Filed 3–23–00; 8:45 am] Texasgulf companies, ExxonMobil Coal BILLING CODE 6560±50±U Guidance Documents and Request for and Minerals Company, N.L. Industries, Feedback on RCRA Cleanup Reforms Inc., Inspiration Consolidated Copper Company, Phelps Dodge Corporation, AGENCY: Environmental Protection ENVIRONMENTAL PROTECTION Terra Industries, Inc., and Western Agency (EPA). AGENCY Nuclear, Inc. as well as several affiliates ACTION: Notice . of these companies, all of whom are [FRL±6563±6] listed in Attachment A of the agreement. SUMMARY: The intent of this notice is to Proposed Past Cost Settlement The private PRPs paid a total of announce a schedule and invite Pursuant to the Comprehensive $480,993.48. comment on three upcoming RCRA Environmental Response, Several federal PRPs were also Cleanup Reforms draft guidance Compensation, and Liability Act identified at the site, however only the documents and invite additional (CERCLA), as Amended by the Bureau of Mines is a signatory to the feedback on the Resource Conservation Superfund Amendments and agreement. The United States paid a & Recovery Act (RCRA) Cleanup Reauthorization ActÐGolden, CO total of $390,006.52 in settlement of the Reforms announced on July 8, 1999. By claims against all federal entities. inviting additional feedback and giving AGENCY: Environmental Protection By the terms of the proposed AOC, advanced notice of when we expect Agency. these parties will together pay $871,000 these draft guidance documents to be

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 15905 available for review and comment, we for viewing in the RCRA Information assessment of the program, we will hope to encourage greater involvement Center (RIC), located at Crystal Gateway continue to refine the RCRA Cleanup by states, industry, and the public. I, First Floor, 1235 Jefferson Davis Reforms, add reforms as needed, and ADDRESSES: There will be a 60-day Highway, Arlington, VA. The RIC is communicate program changes public comment period for each of three open from 9 a.m. to 4 p.m., Monday including those resulting from RCRA Corrective Action draft guidance through Friday, excluding federal stakeholder input. We will provide documents. Brief descriptions of each of holidays. To review docket materials, periodic updates on the RCRA Cleanup these draft guidance documents are we recommend that you make an Reforms and solicit input from included under Supplemental appointment by calling 703–603–9230. stakeholders through several means Information later in this Notice. The You may copy a maximum of 100 pages including focus meetings, Federal first draft guidance document that will from any regulatory docket at no charge. Register Notices, the RCRA Corrective be available is called the Handbook of Additional copies cost $0.15/page. The Action Newsletter (RCRA CAN), Groundwater Policies for RCRA index and some supporting materials Internet postings, and press releases. Corrective Action. The Agency expects are available electronically. See the EPA will not immediately reply to it will be available for public review and SUPPLEMENTARY INFORMATION section of commenters electronically other than to comment in April 2000. If you would this Federal Register notice for seek clarification of electronic like to receive a copy, please call the information on accessing the index and comments that may be garbled in RCRA Hotline at 800–424–9346 or TDD these supporting materials. transmission or during conversion to 800–553–7672 (hearing impaired). FOR FURTHER INFORMATION CONTACT: For paper form, as discussed above. Brief Federal Register Notices will general information or to obtain copies The contents of today’s notice are announce the other two draft guidance of the draft guidance documents when listed in the following outline: documents when they become available they become available and RCRA I. What are the RCRA Cleanup Reforms? later this spring. The Agency also Cleanup Reforms information, contact II. What guidance documents are discussed intends to post these documents on the the RCRA Hotline at 800–424–9346 or in this notice? Corrective Action website http:// TDD 800–553–7672 (hearing impaired). A. Results-Based Approaches to Corrective www.epa.gov/correctiveaction. In the Washington, DC, metropolitan Action B. Corrective Action Completion Guidance If you wish to comment on the above area, call 703–412–9810 or TDD 703– C. Handbook of Groundwater Policies for draft guidance documents when they 412–3323. RCRA Corrective Action become available or provide feedback For more detailed information on III. Why are these guidance documents on the RCRA Cleanup Reforms in specific aspects of the draft guidance significant? general, you should send an original documents, contact Andrew Baca, IV. What is the proposed schedule? and two copies of your comments, Office of Solid Waste, 5303W, U.S. A. Guidance Document review referencing docket number F–2000– Environmental Protection Agency, 1200 B. Feedback on RCRA Reforms CURA–FFFFF. If using regular US Pennsylvania Avenue NW, Washington, V. How Can I Influence EPA’s Thinking on the RCRA Corrective Action Program? Postal Service mail to: RCRA Docket DC 20460, (703–308–6787), Information Center, U.S. Environmental ([email protected]). For more I. What Are the RCRA Cleanup Protection Agency Headquarters (EPA detailed information on the RCRA Reforms? HQ), Office of Solid Waste, Ariel Rios Cleanup Reforms, contact Kevin On July 8, 1999 EPA announced that Building (5305G), 1200 Pennsylvania Donovan, Office of Solid Waste, 5303W, it is implementing a set of Avenue NW, Washington, DC 20460– U.S. Environmental Protection Agency, administrative reforms, known as the 0002. If using special delivery such as 1200 Pennsylvania Avenue NW, RCRA Cleanup Reforms, to the Resource overnight express service send to: RCRA Washington, DC 20460, (703–308–8761), Conservation and Recovery Act (RCRA) Docket Information Center (RIC), Crystal ([email protected]). Corrective Action Program. The reforms Gateway I, 1235 Jefferson Davis SUPPLEMENTARY INFORMATION: The draft are designed to achieve faster, more Highway, First Floor, Arlington, VA guidance documents will be available efficient cleanups at RCRA sites that 22202. Hand deliveries of comments on the Internet at: http://www.epa.gov/ have actual or potential contamination. should be made to the Arlington, VA, correctiveaction. The Reform areas are: address above. You may also submit Information on the RCRA Cleanup —Provide new results-oriented comments electronically through the Reforms (RCRA Cleanup Reforms Fact guidance with clear objectives, Internet to: [email protected]. Sheet, RCRA Cleanup Baseline, —Foster maximum use of program Comments in electronic format must Environmental Indicator Guidance, and flexibility and practical approaches also reference the docket number F– additional Corrective Action through training, outreach, and new 2000–CURA–FFFFF. If you choose to Information) is available electronically uses of enforcement tools, and submit your comments electronically, at: http://www.epa.gov/epaoswer/osw/ —Enhance community involvement you should submit them as an ASCII file cleanup.htm. including greater public access to and should avoid the use of special The official record for this notice will information on cleanup progress. characters and any form of encryption. be kept in paper form. Accordingly, we See the previous section entitled FOR You should not submit electronically will transfer all feedback and input FURTHER INFORMATION * * * on how to confidential business information (CBI). received electronically into paper form get additional detail and information on You must submit an original and two and place them in the official record, the RCRA Cleanup Reforms. copies of CBI under separate cover to: which will also include all comments RCRA CBI Document Control Officer, submitted directly in writing. The II. What Guidance Documents Are Office of Solid Waste, U.S. EPA, Ariel official record is the paper record Discussed in This Notice? Rios Building (5305W), 1200 maintained at the RCRA Information Three draft guidance documents for Pennsylvania Avenue NW, Washington, Center. the RCRA Corrective Action program are DC 20460–0002. All input will be thoroughly and discussed below. Please note that the Any public feedback we receive and seriously considered by EPA. Based on titles of these draft guidances may have supporting materials will be available stakeholder input and our ongoing changed slightly since the RCRA

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Cleanup Reforms announcement on July groundwater at RCRA facilities. It will following Websites: www.epa.gov/ 8, 1999 as a result of the Agency’s highlight the considerable flexibility in correctiveaction and www.epa.gov/ current thinking. existing policies, particularly to those epaoswer/osw/cleanup. states that have distinguished the A. Results-Based Approaches to B. Feedback on RCRA Reforms relative value and priority of their Corrective Action groundwater resources. The Handbook We continue to seek feedback from all This guidance will take the form of an will also encourage States to take a lead stakeholders on the need for additional overview and supporting documents. role in protecting their groundwater reforms to the RCRA Corrective Action The ‘‘Overview to Results-Based resources. program. Approaches to Corrective Action’’ Topic areas that will be discussed in defines results-based corrective action the guidance will include: Groundwater V. How Can I Influence EPA’s Thinking and lists some of the approaches Use Designations, Short-Term on the RCRA Corrective Action recommended to help stakeholders Protectiveness Goals, Final Remediation Program? achieve program goals. These Goals, Cleanup Levels, Point of approaches include tailored oversight, In developing these upcoming draft Compliance, Source Control, Monitored guidances and the RCRA Cleanup procedural flexibility, holistic approach, Natural Attenuation, Technical presumptive remedies, performance Reforms, we are trying to address the Impracticability, and Completing key factors that may be impeding timely standards, use of innovative Remedies. technologies, targeted data collection, and cost-effective cleanups. We invite and owner/operator initiated corrective III. Why Are These Guidance you to provide different views, or new action. The first supporting document Documents Significant? approaches we haven’t considered in focuses on implementing tailored trying to improve the pace and The draft guidance documents effectiveness of Corrective Action oversight. It provides a recommended discussed above are significant because framework for project managers and Cleanups. We welcome your views on EPA announced on October 7, 1999 (64 the draft guidances and any aspect of owner/operators to develop an oversight FR 54604) that it would not be finalizing plan tailored to site-specific conditions. the Reforms. Your feedback will be most the vast majority of the 1990 Proposed effective if you follow the suggestions B. Corrective Action Completion Subpart S regulations. EPA withdrew below: most of the proposed rule because we This document will guide the Regions determined that such regulations are not —Explain your views as clearly as and the authorized States through issues necessary to carry out the Agency’s possible and why you feel that way, that arise at the end of the corrective duties under sections 3004 (u) and (v). —Provide solid technical and cost data action process at RCRA treatment, Additionally, attempting to promulgate to support your views, storage, and disposal facilities (TSDF). a comprehensive set of RCRA —Tell us which parts you support, as Formal recognition that corrective regulations could unnecessarily disrupt well as those you disagree with, action activities are complete provides the State and Territorial programs assurance to the owner or operator that already authorized to carry out the —Provide solid technical and cost data EPA intends no further imposition of Corrective Action Program in lieu of to support your views, RCRA corrective action requirements at EPA, as well as the additional State —Tell us which parts you support, as the site unless the facility continues to programs currently undergoing review well as those you disagree with, operate as a TSDF and there is a for authorization. This decision ended subsequent release. Providing this —Provide specific examples to illustrate uncertainty related to the Subpart S your point, assurance can help communities return rulemaking for State regulators and previously used commercial and owners and operators of hazardous —Offer specific Reforms, industrial properties, such as waste management facilities. The —Refer your comments to specific ‘‘brownfields,’’ to productive use. guidance documents discussed in this sections of the Reforms material, and It is important that EPA Regions and notice will provide some further the authorized States understand the —Be sure to include the name, date, and direction on performing the cleanup, or docket number with your comments. issues related to corrective action ‘‘corrective action,’’ of contamination at completion. This guidance will provide RCRA facilities. EPA continues to seek feedback from useful information, and will encourage all stakeholders on the need for appropriate and timely action on the IV. What Is the Proposed Schedule? additional reforms to the RCRA part of regulators. A. Guidance Document Review Corrective Action Program. Based on stakeholder input and our ongoing C. Handbook of Groundwater Policies We anticipate that all the draft for RCRA Corrective Action assessment of the program, we will guidance documents will be available continue to refine the RCRA Cleanup EPA is compiling in a single for public review and comment in Reforms, add reforms as needed, and Handbook most policies concerning spring 2000. These guidance documents communicate program changes groundwater at facilities subject to are likely to become available at including those resulting from corrective action under RCRA. This different times this spring. They will be stakeholder input. EPA may need to Handbook will help address concerns available for review for a period of sixty seek clarification of electronic or written about time-consuming uncertainties and (60) days for each draft guidance feedback, or feedback received over the confusion about EPA’s expectations for document. EPA is announcing the telephone. groundwater protection and clean up. It upcoming availability of the draft will help you as regulators and members guidance documents for review and Dated: March 17, 2000. of the regulated community, as well as comment and information on how to Elizabeth A. Cotsworth, the general public, find and understand obtain them when they are available and Director, Office of Solid Waste. EPA policies on groundwater use and provide input on them to the Agency in [FR Doc. 00–7326 Filed 3–23–00; 8:45 am] the protection and clean up of this Federal Register and also on the BILLING CODE 6560±50±U

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EQUAL EMPLOYMENT OPPORTUNITY (EEOC) enforces the ADEA of 1967, as Commission’s functions, including COMMISSION amended, 29 U.S.C. 621 et seq., which whether the information will have prohibits discrimination against practical utility; Agency Information Collection employees and applicants for (2) Evaluate the accuracy of the Activities: Proposed Collection; employment who are age 40 or older. Commission’s estimate of the burden of Comments Request Congress amended the ADEA by the proposed collection of information, enacting the Older Workers Benefit including the validity of the AGENCY: Equal Employment Protection Act of 1990 (OWBPA), Pub. methodology and assumptions used; Opportunity Commission. L. No. 101–433, 104 Stat. 983 (1990), to (3) Enhance the quality, utility, and ACTION: Notice. clarify the prohibitions against clarity of the information to be SUMMARY: In accordance with the discrimination on the basis of age. In collected; and Paperwork Reduction Act of 1995, the Title II of OWBPA, Congress addressed (4) Minimize the burden of the Commission announces that it intends waivers of rights and claims under the collection of information on those who to submit to the Office of Management ADEA, amending section 7 of the ADEA are to respond, including the use of and Budget (OMB) a request for an by adding a new subsection (f), 29 appropriate automated, electronic, extension of the expiration date without U.S.C. 626(f). The provisions of Title II mechanical, or other technological change to the existing collection of OWBPA do require employers to collection techniques or other forms of requirements under 29 CFR 1625.22, provide certain information to information technology, e.g., permitting Waivers of rights and claims under the employees (but not to EEOC) in writing. electronic submission of responses. ADEA. The Commission is seeking The regulation at 29 CFR 1625.22 Dated: March 17, 2000. public comments on the proposed reiterates those requirements. For the Commission. extension. The EEOC seeks extension without change of the information collection Ida L. Castro, DATES: Written comments on this notice requirements contained in this Chairwoman. must be submitted on or before May 23, recordkeeping regulation. [FR Doc. 00–7265 Filed 3–23–00; 8:45 am] 2000. Collection Title: Informational BILLING CODE 6570±01±P ADDRESSES: Comments should be requirements under Title II of the Older submitted to Frances M. Hart, Executive Workers Benefit Protection Act of 1990 Officer, Executive Secretariat, Equal (OWBPA), 29 CFR Part 1625. Employment Opportunity Commission, Form Number: None. Frequency of FEDERAL COMMUNICATIONS 10th Floor, 1801 L Street, NW, Report: None required. COMMISSION Washington, DC 20507. As a OMB Control No. 3046–0042. convenience to commentators, the Type of Respondent: Business, state or [Report No. 2395] Executive Secretariat will accept local governments, not for profit comments transmitted by facsimile institutions. Petitions for Reconsideration of Action (‘‘FAX’’) machine. The telephone Description of the Affected Public: in Rulemaking Proceedings Any employer with 20 or more number for the FAX receiver is (202) March 16, 2000. 663–4114. (This is not a toll-free employees that seeks waiver agreements in connection with exit incentive or Petitions for Reconsideration have number.) Only comments of six or fewer been filed in the Commission’s pages will be accepted via FAX other employment termination programs (hereinafter, ‘‘Programs’’). rulemaking proceedings listed in this transmittal. This limitation is necessary Public Notice and published pursuant to to assure access to the equipment. Responses: 13,713. Reporting Hours: 41,139. 47 CFR Section 1.429(e). The full text of Receipt of FAX transmittals will not be these documents are available for acknowledged, except that the sender Number of Forms: None. Abstract: This requirement does not viewing and copying in Room CY– may request confirmation of receipt by involve record keeping. It consists of A257, 445 12th Street, S.W., calling the Executive Secretariat staff at providing adequate information in Washington, D.C. or may be purchased (202) 663–4078 (voice) or (202) 663– waiver agreements offered to a group or from the Commission’s copy contractor, 4074 (TDD). (These are not toll-free class of persons in connection with a ITS, Inc. (202) 857–3800. Oppositions to telephone numbers.) Copies of Program, to satisfy the requirements of these petitions must be filed by April comments submitted by the public will the OWBPA. 10, 2000. See Section 1.4(b)(1) of the be available for review at the Burden Statement: There is no Commission’s rules (47 CFR 1.4(b)(1)). Commission’s library, Room 6502, 1801 reporting requirement nor additional Replies to an opposition must be filed L Street, NW, Washington, DC 20507 record keeping associated with this rule. within 10 days after the time for filing between the hours of 9:30 a.m. and 5:00 The only paperwork burden involved is oppositions has expired. p.m. the inclusion of the relevant data in Subject: Amendment of Part 90 of the FOR FURTHER INFORMATION CONTACT: waiver agreements. The rule applies Commission’s Rules to Facilitate Future Joseph N. Cleary, Assistant Legal only to those employers who have 20 or Development of SMR Systems in The Counsel, Office of Legal Counsel, at more employees and who offer waivers 800 MHz Frequency Band (PR Docket (202) 663–4647 or TTY (202) 663–7026. to a group or class of employees in No. 93–144, RM–8117, RM–8030, RM– This notice is also available in the connection with a Program. 8029). following formats: large print, braille, Pursuant to the Paperwork Reduction Implementation of Sections 3(n) and audio tape and electronic file on Act of 1995, 44 U.S.C. Chapter 5, and 332 of the Communications Act— computer disk. Requests for this notice OMB regulation 5 CFR 1320.8(d)(1), the Regulatory Treatment of Mobile in an alternative format should be made Commission solicits public comment to Services (GN Docket No. 93–252). to the Publications Center at 1–800– enable it to: Implementation of Section 309(j) of 669–3362. (1) Evaluate whether the proposed the Communications Act—Competitive SUPPLEMENTARY INFORMATION: The Equal collection of information is necessary Bidding (PP Docket No. 93–253). Employment Opportunity Commission for the proper performance of the Number of Petitions Filed: 2.

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Federal Communications Commission. amended to include the following areas Community Disaster Loans; 83.538, Cora Magalie Roman Salas, among those areas determined to have Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Secretary. been adversely affected by the Program; 83.541, Disaster Unemployment [FR Doc. 00–7302 Filed 3–23–00; 8:45 am] catastrophe declared a major disaster by Assistance (DUA); 83.542, Fire Suppression BILLING CODE 6712±01±M the President in his declaration of Assistance; 83.543, Individual and Family February 28, 2000: Grant (IFG) Program; 83.544, Public Bourbon, Johnson, Lawrence, Oldham, and Assistance Grants; 83.545, Disaster Housing Pendleton Counties for Public Assistance Program; 83.548, Hazard Mitigation Grant FEDERAL DEPOSIT INSURANCE Program.) CORPORATION Carter County for Public Assistance (already designated for Individual Assistance) Lacy E Suiter, (The following Catalog of Federal Domestic Sunshine Act Meeting Executive Associate Director, Response and Assistance Numbers (CFDA) are to be used Recovery Directorate. Pursuant to the provisions of the for reporting and drawing funds: 83.537, ‘‘Government in the Sunshine Act’’ (5 Community Disaster Loans; 83.538, Cora [FR Doc. 00–7330 Filed 3–23–00; 8:45 am] U.S.C. 552b), notice is hereby given that Brown Fund Program; 83.539, Crisis BILLING CODE 6718±02±P at 2:00 pm on Friday, March 24, 2000, Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment the Federal Deposit Insurance Assistance (DUA); 83.542, Fire Suppression FEDERAL RESERVE SYSTEM Corporation’s Board of Directors will Assistance; 83.543, Individual and Family meet in closed session, pursuant to Grant (IFG) Program; 83.544, Public Agency Information Collection sections 552b(c)(2), (c)(6), (c)(8), Assistance Grants; 83.545, Disaster Housing Activities: Announcement of Board (c)(9)(A)(ii), and (c)(9)(B), of Title 5, Program; 83.548, Hazard Mitigation Grant Approval Under Delegated Authority Program.) United States Code, to consider matters and Submission to OMB relating to the Corporation’s Robert J. Adamcik, supervisory, corporate, and personnel SUMMARY: Deputy Associate Director, Response and activities. Recovery Directorate. Background The meeting will be held in the Board [FR Doc. 00–7331 Filed 3–23–00; 8:45 am] Room on the sixth floor of the FDIC Notice is hereby given of the final Building located at 550 17th Street, NW, BILLING CODE 6718±02±P approval of proposed information Washington, DC. collection(s) by the Board of Governors Requests for further information of the Federal Reserve System (Board) FEDERAL EMERGENCY under OMB delegated authority, as per concerning the meeting may be directed MANAGEMENT AGENCY to Mr. Robert E. Feldman, Executive 5 CFR 1320.16 (OMB Regulations on Secretary of the Corporation, at (202) [FEMA±1318±DR] Controlling Paperwork Burdens on the 898–6757. Public). Board-approved collections of Virginia; Amendment No. 3 to Notice of information are incorporated into the Dated: March 21, 2000. a Major Disaster Declaration official OMB inventory of currently Federal Deposit Insurance Corporation. approved collections of information. AGENCY: Robert E. Feldman, Federal Emergency Copies of the OMB 83–Is and supporting Management Agency (FEMA). Executive Secretary. statements and approved collection of [FR Doc. 00–7394 Filed 3–21–00; 4:48 pm] ACTION: Notice. information instrument(s) are placed into OMB’s public docket files. The BILLING CODE 6714±01±M SUMMARY: This notice amends the notice of a major disaster for the Federal Reserve may not conduct or sponsor, and the respondent is not Commonwealth of Virginia, (FEMA– required to respond to, an information FEDERAL EMERGENCY 1318–DR), dated February 28, 2000, and collection that has been extended, MANAGEMENT AGENCY related determinations. revised, or implemented on or after [FEMA±1320±DR] EFFECTIVE DATE: March 20, 2000. October 1, 1995, unless it displays a FOR FURTHER INFORMATION CONTACT: currently valid OMB control number. Kentucky; Amendment No. 2 to Notice Madge Dale, Response and Recovery FOR FURTHER INFORMATION CONTACT: of a Major Disaster Declaration Directorate, Federal Emergency Chief, Financial Reports Section—Mary Management Agency, Washington, DC AGENCY: Federal Emergency M. West—Division of Research and Management Agency (FEMA). 20472, (202) 646–3772. Statistics, Board of Governors of the SUPPLEMENTARY INFORMATION: The notice Federal Reserve System, Washington, ACTION: Notice. of a major disaster for the DC 20551 (202–452–3829) OMB Desk SUMMARY: This notice amends the notice Commonwealth of Virginia is hereby Officer—Alexander T. Hunt—Office of of a major disaster for the amended to include the following areas Information and Regulatory Affairs, Commonwealth of Kentucky, (FEMA– among those areas determined to have Office of Management and Budget, New 1320–DR), dated February 28, 2000, and been adversely affected by the Executive Office Building, Room 3208, related determinations. catastrophe declared a major disaster by Washington, DC 20503 (202–395–7860). the President in his declaration of EFFECTIVE DATE: March 13, 2000. Final Approval Under OMB Delegated February 28, 2000: FOR FURTHER INFORMATION CONTACT: Authority of the Extension for Three Madge Dale, Response and Recovery The City of Lynchburg and the City of Years, Without Revision, of the Directorate, Federal Emergency Norton for debris removal (Category A), Following Reports emergency protective measures (Category B), Management Agency, Washington, DC and utilities (Category F) under Public 1. Report title: Interagency Notice of 20472, (202) 646–3772. Assistance. Change in Control, Interagency Notice of SUPPLEMENTARY INFORMATION: The notice (The following Catalog of Federal Domestic Change in Director or Senior Executive of a major disaster for the Assistance Numbers (CFDA) are to be used Officer, and Interagency Biographical Commonwealth of Kentucky is hereby for reporting and drawing funds: 83.537, and Financial Report.

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Agency form numbers: FR 2081a, FR Reporters: Foreign branches and Final Approval Under OMB Delegated 2081b, and FR 2081c. banking subsidiaries of U.S. depository Authority to Conduct, Without OMB control number: 7100–0134. institutions. Revision, the Following Report Frequency: On occasion. Annual reporting hours: 2,236 burden 1. Report title: The Quinquennial Reporters: Financial institutions and hours. Finance Company Questionnaire and certain of their officers and Estimated average hours per response: Survey. shareholders. 1.0 hour. Agency form number: FR 3033p/s. Annual reporting hours: Interagency Number of respondents: 43. Small OMB control number: 7100–0277. Notice of Change in Control—4,800 businesses are not affected. Frequency: One-time. hours; Interagency Notice of Change in Reporters: Domestic finance General description of report: This companies. Director or Senior Executive Officer— information collection is voluntary (12 150 hours; Interagency Biographical and Annual reporting hours: U.S.C.§§ 248(a)(2), 353 et seq., 461, 602, Questionnaire, 750 hours; Survey, 840 Financial Report—5,100 hours; Total— and 625). Individual respondents data 10,050 hours. hours. are confidential under section (b)(4) of Estimated average hours per response: Estimated average hours per response: the Freedom of Information Act (5 Questionnaire, 0.25 hours; Survey, 1.4 Interagency Notice of Change in U.S.C. 552(b)(4)). hours. Control—30 hours; Interagency Notice Abstract: The report collects data on Number of respondents: of Change in Director or Senior Eurodollar deposits payable to nonbank Questionnaire, 3000; Survey, 600. Small Executive Officer—2 hours; Interagency U.S. addressees from foreign branches businesses are affected. Biographical and Financial Report—4 and subsidiaries of U.S. commercial General description of report: This hours. banks and Edge and agreement information collection is voluntary (12 Number of respondents: Interagency corporations. The data are used for the U.S.C. 225a, 263, and 353–359) and is Notice of Change in Control—160; construction of the Eurodollar given confidential treatment (5 U.S.C. Interagency Notice of Change in Director component of the monetary aggregates 552(b)(4)). or Senior Executive Officer—75; and for analysis of banks’ liability Abstract: Since 1995 the Federal Interagency Biographical and Financial management practices. Reserve has conducted surveys of Report—1,275. Small businesses are Current Actions: The Federal Reserve domestic finance companies every five affected. will raise the reporting cutoff from a years on consumer and business credit General description of report: This weekly average of $350 million to $500 and on major assets and liabilities of information collection is mandatory (12 million in Eurodollar liabilities. finance companies. The first stage is a U.S.C. 1817(j) and 12 U.S.C. 1831(i)) simple questionnaire (FR 3033p) which 2. Report title: The Quarterly Report and is not given confidential treatment. is sent to all domestic finance of Assets and Liabilities of Large companies. The questionnaire asks for Abstract: In 1996 a Federal Financial Foreign Offices of U.S. Banks. Institutions Examination Council task information on each company’s total force adapted, reformatted, and retitled Agency form number: FR 2502q. receivables, areas of specialization, and the three reports, pursuant to the Riegle OMB control number: 7100–0079. other characteristics. From the universe Community Development and Frequency: Quarterly. of FR 3033p respondents, the Federal Regulatory Improvement Act of 1994. Reporters: Large foreign branches and Reserve will draw a stratified random The Federal Reserve uses the banking subsidiaries of U.S. depository sample for the survey itself (FR 3033s). biographical portions of the collections institutions. The survey will request detailed information, as of June 30, 2000, from to evaluate the competence, experience, Annual reporting hours: 13,132 hours. character, and integrity of persons both sides of the respondents’ balance proposed as organizers, senior executive Estimated average hours per response: sheet. 3.5 hours. officers, directors, or principal Final Approval Under OMB Delegated shareholders. The financial portion is Number of respondents: 938. Small businesses are not affected. Authority to Conduct Two-One Time used to evaluate the financial ability of Surveys persons proposed as organizers, senior General description of report: This executive officers, directors, or principal information collection is required (12 1. Report title: Customer Satisfaction shareholders. The reports are also used U.S.C.§§ 248(a)(2), 353 et seq., 461, 602, Survey of Federal Reserve Bulletin to allow or disapprove proposed and 625) and is given confidential Subscribers, and Customer Satisfaction acquisitions. The reporting forms allow treatment (5 U.S.C. 552(b)(4)). Survey of Publication Subscribers. applicants greater efficiency in the Abstract: The report collects gross Agency form number: FR 1371; and interagency application process assets and liability positions from FR 1372. OMB Control number: 7100–0293. including eliminating duplicative foreign branches and subsidiaries of filings. Frequency: One-time. U.S. commercial banks and Edge and Reporters: Federal Reserve Bulletin Final Approval Under OMB Delegated agreement corporations vis-a-vis subscribers; and Federal Reserve Authority of the Extension for Three individual countries. A separate publications subscribers. Years, With Minor Revisions, of the schedule collects information on Annual reporting hours: FR 1371, 100; Following Reports Eurodollar liabilities payable to certain and FR 1372, 100. U.S. addressees. Estimated average hours per response: 1. Report title: The Weekly Report of Current Actions: The Federal Reserve 0.25 hours per survey. Eurodollar Liabilities Held by Selected will add the European Central Bank to Number of respondents: 400 per U.S. Addressees at Foreign Offices of the country list. In addition, the survey. Small businesses are affected. U.S. Banks. instructions will be clarified to say that General description of report: This Agency form number: FR 2050. U.S. banks report only for subsidiaries information collection is voluntary (12 OMB control number: 7100–0068. that have a banking charter and are U.S.C 248i). The individual date are not Frequency: Weekly. engaged in banking business. considered confidential.

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Abstract: The Customer Satisfaction Board of Governors of the Federal Reserve acquire Independent Bank & Trust Survey of Federal Reserve Bulletin System, March 20, 2000. Company, Powder Springs, Georgia. Subscribers (FR 1371) will solicit Jennifer J. Johnson, Board of Governors of the Federal Reserve comments on the content and Secretary of the Board. System, March 20, 2000. usefulness of the Federal Reserve’s [FR Doc. 00–7269 Filed 3–23–00; 8:45 am] Robert deV. Frierson, monthly Bulletin from a sample of BILLING CODE 6210±01±P Associate Secretary of the Board. subscribers. The staff is focusing on the [FR Doc. 00–7271 Filed 3–23–00; 8:45 am] Bulletin because the Board devotes substantial resources to this publication FEDERAL RESERVE SYSTEM BILLING CODE 6210±01±P and will use the information from this Formations of, Acquisitions by, and survey to determine whether the Board FEDERAL RESERVE SYSTEM should continue to publish the Bulletin Mergers of Bank Holding Companies in its current form. The Customer Notice of Proposals To Engage in Satisfaction Survey of Publication The companies listed in this notice have applied to the Board for approval, Permissible Nonbanking Activities or Subscribers (FR 1372) will solicit To Acquire Companies That Are comments on the quality of the pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) Engaged in Permissible Nonbanking customer service provided by the Activities Board’s Publications Services (BHC Act), Regulation Y (12 CFR part Department. The information will be 225), and all other applicable statutes The companies listed in this notice used to assess whether the needs of the and regulations to become a bank have given notice under section 4 of the Board’s subscribers are being met in a holding company and/or to acquire the Bank Holding Company Act (12 U.S.C. courteous and expeditious manner and assets or the ownership of, control of, or 1843) (BHC Act) and Regulation Y, (12 whether changes should be made to the the power to vote shares of a bank or CFR Part 225) to engage de novo, or to ordering and payment policies and bank holding company and all of the acquire or control voting securities or processes in order to increase efficiency banks and nonbanking companies assets of a company, including the and customer satisfaction. owned by the bank holding company, companies listed below, that engages including the companies listed below. either directly or through a subsidiary or Discontinuation of the Following The applications listed below, as well other company, in a nonbanking activity Report as other related filings required by the that is listed in § 225.28 of Regulation Y Board, are available for immediate 1. Report title: Report of Medium (12 CFR 225.28) or that the Board has inspection at the Federal Reserve Bank Term Note Issuance. determined by Order to be closely indicated. The application also will be related to banking and permissible for Agency form number: FR 2600. available for inspection at the offices of bank holding companies. Unless OMB control number: 7100–0245. the Board of Governors. Interested otherwise noted, these activities will be Effective Date: Friday, March 31, persons may express their views in conducted throughout the United States. 2000. writing on the standards enumerated in Each notice is available for inspection the BHC Act (12 U.S.C. 1842(c)). If the at the Federal Reserve Bank indicated. Frequency: Monthly, quarterly, or proposal also involves the acquisition of semi-annually. The notice also will be available for a nonbanking company, the review also inspection at the offices of the Board of Reporters: U.S. firms filing SEC shelf includes whether the acquisition of the Governors. Interested persons may registration statements for medium term nonbanking company complies with the express their views in writing on the notes. standards in section 4 of the BHC Act question whether the proposal complies Annual reporting hours: 94 burden (12 U.S.C. 1843). Unless otherwise with the standards of section 4 of the hours. noted, nonbanking activities will be BHC Act. Additional information on all Estimated average hours per response: conducted throughout the United States. bank holding companies may be 0.083 hours. Additional information on all bank obtained from the National Information holding companies may be obtained Center website at www.ffiec.gov/nic/. Number of respondents: 424. Small from the National Information Center businesses are affected. Unless otherwise noted, comments website at www.ffiec.gov/nic/. regarding the applications must be General description of report: This Unless otherwise noted, comments received at the Reserve Bank indicated information collection is voluntary (15 regarding each of these applications or the offices of the Board of Governors U.S.C. §§ 225a and 353 et seq). must be received at the Reserve Bank not later than April 7, 2000. Respondent data are not regarded as indicated or the offices of the Board of A. Federal Reserve Bank of St. Louis confidential. Governors not later than April 17, 2000. (Randall C. Sumner, Vice President) 411 Abstract: The FR 2600 collects A. Federal Reserve Bank of Atlanta Locust Street, St. Louis, Missouri information on the monthly volume of (Lois Berthaume, Vice President) 104 63166–2034: medium-term notes issued by Marietta Street, NW., Atlanta, Georgia 1. First Banks, Inc., Creve Coeur, corporations. 30303–2713: Missouri; to acquire certain assets and Current Actions: The Federal Reserve 1. United Community Banks, Inc., assume certain liabilities of First Capital will discontinue the FR 2600. The Blairsville, Georgia; to merge with North Group, Inc., Albuquerque, New Mexico, report has become unnecessary because Point Bancshares, Inc., Dawsonville, and thereby engage in leasing personal data are now obtained from the Georgia, and thereby indirectly acquire and real property activities, pursuant to Depository Trust Corporation, a national Dawson County Bank, Dawsonville, § 225.28(b)(3) of Regulation Y. The clearing house that collects data on Georgia. leasing activities will be conducted in a medium-term notes issued in the course 2. United Community Banks, Inc., newly formed direct wholly owned of its business of clearing and settling Blairsville, Georgia; to merge with subsidiary of Notificant, which will securities and acting as trustee for Independent Bancshares, Inc., Powder assume the selling institution’s name of holders of securities. Springs, Georgia, and thereby indirectly First Capital Group, Inc. and retain its

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The workshop is Washington, DC 20580. intended to facilitate a discussion [FR Doc. 00–7270 Filed 3–23–00; 8:45 am] FOR PANEL PARTICIPATION OR FURTHER among manufacturers and retailers (both BILLING CODE 6210±01±P INFORMATION CONTACT: To obtain small and large businesses), consumer information about possible panel groups, marketing experts, economists, FEDERAL RESERVE SYSTEM participation or for questions about the and lawyers that will increase factual workshop, please contact: David Balto, knowledge and illuminate the relevant Sunshine Act Meeting Bureau of Competition, Federal Trade antitrust issues with respect to these Commission, 600 Pennsylvania Avenue, and other grocery marketing practices. Agency Holding the Meeting: Board of NW., Washington, DC 20580, telephone The format will consist of panel Governors of the Federal Reserve 202–326–2881, e-mail [email protected]; or presentations and discussions, which System. William Cohen, Office of Policy will include participation by attendees. Time and Date: 10:00 am, Planning, Federal Trade Commission, The goal of the workshop is to gain a Wednesday, March 29, 2000. 600 Pennsylvania Avenue, NW., better understanding of the types of Place: Marriner S. Eccles Federal Washington, DC 20580, telephone 202– slotting allowances and other grocery Reserve Board Building, 20th and C 326–2110, e-mail [email protected]. marketing practices that are used, the Streets, NW., Washington, DC 20551. reasons for which they are used, and the Status: Closed. SUPPLEMENTARY INFORMATION: criteria for assessing whether slotting Matters to be Considered: Public Workshop: Slotting Allowances allowances or other grocery marketing 1. Personnel actions (appointments, and Other Grocery Marketing Practices: promotions, assignments, practices raise antitrust concerns. When Should They Raise Antitrust Interested parties are invited to reassignments, and salary actions) Concerns? involving individual Federal Reserve participate or attend. System employees. Overview Specific Question To Be Addressed 2. Any matters carried forward from a In recent years, debate has continued The workshop will address the previously announced meeting. about when slotting allowances and following questions, among others: Contact Person for More Information: other grocery marketing practices • Lynn S. Fox, Assistant to the Board; appropriately raise antitrust concerns What are the different types of 202–452–3204. and thus pose potential matters for slotting allowances, and what prompts Supplementary Information: You may the use of one type rather than another? antitrust enforcement. The Commission • call 202–452–3206 beginning at last held hearings in this area in Are slotting allowances used for approximately 5 pm two business days November, 1995, and this past fall, both both new and established products? In before the meeting for a recorded the Senate Small Business Committee what proportion? • announcement of bank and bank and the House Judiciary Committee held How do slotting allowances vary holding company applications hearings that addressed several issues, from other types of product promotion, scheduled for the meeting; or you may including antitrust issues, in connection and what circumstances lead to the use contact the Board’s Web site at http:// with slotting allowances. of slotting allowances rather than other www.federalreserve.gov for an The term ‘‘slotting allowance’’ types of product promotion? electronic announcement that not only typically refers to a lump-sum, up-front • How do slotting allowances vary lists applications, but also indicates payment that a food manufacturer must from market to market? procedural and other information about pay to a supermarket for access to its • What is the impact of slotting the meeting. shelves. Very often, debates over allowances on new product development and innovation? Dated: March 22, 2000. slotting allowances have assumed that • Do slotting allowances significantly Robert deV. Frierson, all slotting allowances, and all of the market conditions in which they are increase the capital costs of entry or Associate Secretary of the Board. used, are the same. In fact, the term doing business in particular markets? If [FR Doc. 00–7428 Filed 3–22–00; 10:59 am] ‘‘slotting allowance’’ has been used to so, how do capital markets respond? BILLING CODE 6210±01±P cover an extremely broad range of • How do supermarkets ultimately conduct, some of it clearly unlawful as use the fees they receive as slotting commercial bribery, some clearly allowances? FEDERAL TRADE COMMISSION lawful, and a great deal of it in the gray • Under what circumstances do area in between, the antitrust legality of slotting allowances have an impact on Public Workshop; Slotting Allowances which can be determined only in light prices to consumers and consumer and Other Grocery Marketing of all the surrounding facts and demand? What is the impact? Practices: When Should They Raise circumstances. At the same time, the • Are slotting allowances sometimes Antitrust Concerns? legal and economic literature on the paid in order to obtain substantial AGENCY: Federal Trade Commission. appropriate antitrust analysis of these exclusivity and, arguably, market ACTION: Notice announcing workshop. practices has not been as well power? developed as would be desirable. • If slotting allowances were SUMMARY: The Federal Trade The FTC plans to convene a workshop prohibited, would that lead to material Commission has set May 31 and June 1 that will focus on the antitrust differences in the bargaining as the dates for its public workshop implications of slotting allowances and relationship between manufacturers and examining the appropriate antitrust other grocery marketing practices, such retailers—or would discounts to assessment of slotting allowances, as category management, in which retailers simply take a different form?

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• What other types of grocery associated with claims since only one (4) the use of automated collection marketing practices—such as category reimbursement coding system is used techniques or other forms of information management—may raise antitrust and maintained. technology to minimize the information concern? What are those marketing Frequency: On occasion; collection burden. practices, and under what Affected Public: Business or other for- Type of Information Collection circumstances might they pose antitrust profit, Not-for-profit institutions, Request: Extension of a currently issues? Federal Government, and State, Local or approved collection; The Commission welcomes Tribal Government; Title of Information Collection: suggestions for other questions that Number of Respondents 47,113; Analysis of Malpractice Premium Data; Total Annual Responses: 149,609,549; Form No.: HCFA–R–143 (OMB# should be addressed as well. Total Annual Hours: 1,960,991. 0938–0575); By direction of the Commission. To obtain copies of the supporting Use: This form is used for computing statement and any related forms for the Donald S. Clark, the Medicare physician fee schedule proposed paperwork collections Secretary. Malpractice Geographic Practice Cost referenced above, access HCFA’s Web [FR Doc. 00–7268 Filed 3–23–00; 8:45 am] Index (MGPCI) and the Medicare Site address at http://www.hcfa.gov/ BILLING CODE 6750±01±M Economic Index (MEI). The data regs/prdact95.htm, or E-mail your collected will be used to update the request, including your address, phone MGPCI and the new resource-based number, OMB number, and HCFA DEPARTMENT OF HEALTH AND malpractice relative value units document identifier, to HUMAN SERVICES (MRVUs) component of the physician [email protected], or call the Reports fee schedule. The malpractice data are Clearance Office on (410) 786–1326. Health Care Financing Administration critical to the accuracy of the Medicare Written comments and physician fee schedule.; [Document Identifier: HCFA±1450] recommendations for the proposed Frequency: Other: every 3 years; information collections must be mailed Agency Information Collection Affected Public: State, Local or Tribal within 30 days of this notice directly to Activities: Submission for OMB Gov., Business or other for-profit, and the OMB desk officer: OMB Human Review; Comment Request Not-for-profit institutions; Resources and Housing Branch, Number of Respondents: 50; AGENCY: Health Care Financing Attention: Allison Eydt, New Executive Total Annual Responses: 50; Administration. Office Building, Room 10235, Total Annual Hours: 150. In compliance with the requirement Washington, DC 20503. To obtain copies of the supporting of section 3506(c)(2)(A) of the Dated: March 14, 2000. statement for the proposed paperwork Paperwork Reduction Act of 1995, the John P. Burke III, collections referenced above, access Health Care Financing Administration Manager, HCFA Office of Information HCFA’s WEB SITE ADDRESS at http:// (HCFA), Department of Health and Services, Security and Standards Group, www.hcfa.gov/regs/prdact95.htm, or E- Human Services, is publishing the Division of HCFA Enterprise Standards. mail your request, including your following summary of proposed [FR Doc. 00–7284 Filed 3–23–00; 8:45 am] address and phone number, to collections for public comment. BILLING CODE 4120±03±M [email protected], or call the Reports Interested persons are invited to send Clearance Office on (410) 786–1326. comments regarding this burden Written comments and estimate or any other aspect of this DEPARTMENT OF HEALTH AND recommendations for the proposed collection of information, including any HUMAN SERVICES information collections must be mailed of the following subjects: (1) The within 30 days of this notice directly to necessity and utility of the proposed Health Care Financing Administration the OMB Desk Officer designated at the information collection for the proper [Document Identifier: HCFA±R±143] following address: OMB Human performance of the agency’s functions; Resources and Housing Branch, (2) The accuracy of the estimated Agency Information Collection Attention: Allison Eydt, New Executive burden; (3) Ways to enhance the quality, Activities: Submission for OMB Office Building, Room 10235, utility, and clarity of the information to Review; Comment Request Washington, DC 20503. be collected; and (4) The use of Dated: February 8, 2000. automated collection techniques or In compliance with the requirement John P. Burke III, other forms of information technology to of section 3506(c)(2)(A) of the minimize the information collection Paperwork Reduction Act of 1995, the HCFA Reports Clearance Officer, HCFA, Office of Information Services, Security and burden. Health Care Financing Administration (HCFA), Department of Health and Standards Group, Division of HCFA Type of Information Collection Enterprise Standards. Request: Reinstatement without change Human Services, has submitted to the [FR Doc. 00–7285 Filed 3–23–00; 8:45 am] of a previously approved collection for Office of Management and Budget which approval has expired; (OMB) the following proposal for the BILLING CODE 4120±03±P Title of Information Collection: collection of information. Interested Medicare Uniform Institutional Provider persons are invited to send comments Bill and Supporting Regulations in 42 regarding the burden estimate or any DEPARTMENT OF HOUSING AND CFR 424.5; other aspect of this collection of URBAN DEVELOPMENT Form No.: HCFA–1450 (OMB# 0938– information, including any of the 0279); following subjects: (1) The necessity and [Docket No. FR±4565±N±09] Use: This standardized form is used utility of the proposed information Notice of Proposed Information in the Medicare/Medicaid program to collection for the proper performance of Collection; Comment Request; Utility apply for reimbursement for covered the agency’s functions; (2) the accuracy Allowance Adjustments services by all providers that accept of the estimated burden; (3) ways to Medicare/Medicaid assigned claims. It enhance the quality, utility, and clarity AGENCY: Office of the Assistant reduces cost and administrative burden of the information to be collected; and Secretary for Housing, HUD.

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ACTION: Notice. percent or more in the most recently Budget, Room 10235, New Executive approved utility allowances for Office Building, Washington, DC 20503. SUMMARY: The proposed information subsidized properties, the project owner collection requirement described below FOR FURTHER INFORMATION CONTACT: must advise the Secretary and request Wayne Eddins, Reports Management will be submitted to the Office of new utility allowances. HUD uses this Management and Budget (OMB) for Officer, Department of Housing and information to ensure that the utility Urban Development, 451 7th Street, SW, review, as required by the Paperwork allowances are appropriate for each unit Reduction Act. The Department is Washington, DC 20410, e-mail type at the subsidized properties which [email protected]; telephone soliciting public comments on the provide utility allowances for its subject proposal. (202) 708–2374. This is not a toll-free residents. number. Copies of the proposed forms DATES: Comments Due Date: May 23, Agency form numbers, if applicable: and other available documents 2000. None. submitted to OMB may be obtained ADDRESSES: Interested persons are Estimation of the total numbers of from Mr. Eddins. invited to submit comments regarding hours needed to prepare the information SUPPLEMENTARY INFORMATION: The this proposal. Comments should refer to collection including number of Department has submitted the proposal the proposal by name and/or OMB respondents, frequency of response, and for the collection of information, as Control Number and should be sent to: hours of response: The estimated described below, to OMB for review, as Wayne Eddins, Reports Management number of respondents are 1,200, the required by the Paperwork Reduction Officer, Department of Housing and frequency of responses is 1 a year, the Act (44 U.S.C. Chapter 35). The Notice Urban Development, 451 7th Street, SW, estimated hours per response is 30 lists the following information: (1) The L’Enfant Building, Room 8202, minutes per response, and the estimated title of the information collection Washington, DC 20410, telephone (202) annual hour burden is 600. proposal; (2) the office of the agency to 708–5221 (this is not a toll-free number) Status of the proposed information collect the information; (3) the OMB for copies of the proposed forms and collection: Extension of a currently approval number, if applicable; (4) the other available information. approved collection. description of the need for the FOR FURTHER INFORMATION CONTACT: Authority: The Paperwork Reduction Act information and its proposed use; (5) of 1995, 44 U.S.C., Chapter 35, as amended. Willie Spearmon, Multifamily Housing, the agency form number, if applicable; Office of Business Products, Department Dated: March 17, 2000. (6) what members of the public will be of Housing and Urban Development, William C. Apgar, affected by the proposal; (7) how 451 7th Street SW, Washington, DC Assistant Secretary for Housing, Federal frequently information submissions will 20410, telephone number (202) 708– Housing Commissioner. be required; (8) an estimate of the total 2866 (this is not a toll-free number). [FR Doc. 00–7262 Filed 3–23–00; 8:45 am] number of hours needed to prepare the SUPPLEMENTARY INFORMATION : The BILLING CODE 4210±27±M information submission including Department is submitting the proposed number of respondents, frequency of information collection to OMB for response, and hours of response; (9) review, as required by the Paperwork DEPARTMENT OF HOUSING AND whether the proposal is new, an Reduction Act of 1995 (44 U.S.C. URBAN DEVELOPMENT extension, reinstatement, or revision of Chapter 35, as amended). an information collection requirement; This Notice is soliciting comments [Docket No. FR±4561±N±14] and (10) the names and telephone from members of the public and affected numbers of an agency official familiar agencies concerning the proposed Notice of Submission of Proposed Information Collection to OMB; Study with the proposal and of the OMB Desk collection of information to: (1) Evaluate Officer for the Department. whether the proposed collection is of the Effectiveness of the Milwaukee Lead Hazard Control Ordinance This Notice also lists the following necessary for the proper performance of information: the functions of the agency, including AGENCY: Office of the Chief Information Title of Proposal: A Study of the whether the information will have Officer, HUD. Effectiveness of the Milwaukee Lead practical utility; (2) Evaluate the ACTION: Notice. Hazard Control Ordinance. accuracy of the agency’s estimate of the OMB Control Number: 2539–XXXX. burden of the proposed collection of SUMMARY: The proposed information information; (3) Enhance the quality, collection requirement described below Description of the Need for the utility, and clarity of the information to has been submitted to the Office of Information and Its Proposed Use: This be collected; and (4) Minimize the Management and Budget (OMB) for study will assess the effectiveness of a burden of the collection of information review, as required by the Paperwork city of Milwaukee ordinance requiring on those who are to respond; including Reduction Act. The Department is owners pre-1950 rental housing in two the use of appropriate automated soliciting public comments on the neighborhoods with high rates of collection techniques or other forms of subject proposal. childhood lead poisoning to conduct information technology, e.g., permitting specified low cost lead hazard control DATES: Comments Due Date: April 24, treatments. Children born into treated electronic submission of responses. 2000. This Notice also lists the following units will be followed for 2 years to information: ADDRESSES: Interested persons are assess the efficacy of the interventions Title of Proposal: Utility Allowance invited to submit comments regarding in preventing overexposure to lead. This Adjustments. this proposal. Comments must be information will be useful for OMB Control Number, if applicable: received within thirty (30) days from the determining the primary prevention 2502–0352. date of this Notice. Comments should effectiveness of these interventions and Description of the need for the refer to the proposal by name and/or for other municipalities that are information and proposed use: When OMB approval number should be sent contemplating similar legislation. approval of a utility rate change would to: Joseph F. Lackey, Jr., HUD Desk Residents of the two ‘‘treatment’’ result in a cumulative increase of 10 Officer, Office of Management and neighborhoods and two control

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

New Collection ...... 312 2 0.68 425

Total Estimated Burden Hours: 425. ADDRESSES: Interested persons are the agency form number, if applicable; Status: New Collection. invited to submit comments regarding (6) what members of the public will be Authority: The Paperwork Reduction Act this proposal. Comments should refer to affected by the proposal; (7) how of 1995, 44 U.S.C. 35, as amended. the proposal by name and/or OMB frequently information submissions will Dated: March 17, 2000. approval number (2502–0415) and be required; (8) an estimate of the total should be sent to: Joseph F. Lackey, Jr., number of hours needed to prepare the Wayne Eddins, OMB Desk Officer, Office of information submission including Departmental Reports Management Officer, Office of the Chief Information Officer. Management and Budget, Room 10235, number of respondents, frequency of New Executive Office Building, response, and hours of response; (9) [FR Doc. 00–7260 Filed 3–23–00; 8:45 am] Washington, DC 20503. whether the proposal is new, an BILLING CODE 4210±01±M extension, reinstatement, or revision of FOR FURTHER INFORMATION CONTACT: Wayne Eddins, Reports Management an information collection requirement; DEPARTMENT OF HOUSING AND Officer, Q, Department of Housing and and (10) the name and telephone URBAN DEVELOPMENT Urban Development, 451 Seventh Street, number of an agency official familiar with the proposal and of the OMB Desk [Docket No. FR±4561±N±15] Southwest, Washington, DC 20410; e- mail [email protected]; Officer for the Department. This Notice also lists the following Notice of Submission of Proposed telephone (202) 708–2374. This is not a Information Collection to OMB; toll-free number. Copies of the proposed information: Multifamily Mortgage Insurance forms and other available documents Title of Proposal: Multifamily Benefits Claim submitted to OMB may be obtained Mortgagee Insurance Benefits Claims. from Mr. Eddins. OMB Approval Number: 2502–0415. AGENCY: Office of the Chief Information Form Numbers: HUD–2742, –2744–A, SUPPLEMENTARY INFORMATION: The Officer, HUD. –2744–B, –2744–C, –2744–D, –2744–E. ACTION: Notice. Department has submitted the proposal for the collection of information, as Description of the Need for the SUMMARY: The proposed information described below, to OMB for review, as Information and Its Proposed Use: To collection requirement described below required by the Paperwork Reduction collect information from mortgagee has been submitted to the Office of Act (44 U.S.C. Chapter 35). The Notice claimants necessary to provide benefits Management and Budget (OMB) for lists the following information: (1) The of mortgage insurance to those review, as required by the Paperwork title of the information collection mortgagees. Reduction Act. The Department is proposal; (2) the office of the agency to Respondents: Business or Other-for- soliciting public comments on the collect the information; (3) the OMB Profit. subject proposal. approval number, if applicable; (4) the Frequency of Submission: As DATES: Comments Due Date: April 24, description of the need for the applications are submitted. 2000. information and its proposed use; (5) Reporting Burden:

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

118 1 3.5 411

Total Estimated Burden Hours: 411. DEPARTMENT OF THE INTERIOR Wildlife Service for an incidental take Status: Reinstatement, without permit pursuant to section 10(a)(1)(B) of Fish and Wildlife Service change. the Endangered Species Act, 1973, as amended. Van Daele seeks a permit for Authority: Section 3507 of the Paperwork Availability of an Environmental a period of 3 years that would authorize Reduction Act of 1995, 44 U.S.C. 35, as Assessment and Receipt of an incidental take of a bird, the threatened amended. Application for an Incidental Take coastal California gnatcatcher (Polioptila Permit for the Coastal California Dated: March 17, 2000. californica californica), associated with Gnatcatcher Associated With Wayne Eddins, single-family residential development Residential Development in the City of and occupancy of 35 acres of habitat Departmental Reports Management Officer, Fullerton, County of Orange, California within the City of Fullerton, County of Office of the Chief Information Officer. Orange, California. The permit [FR Doc. 00–7261 Filed 3–23–00; 8:45 am] AGENCY: Fish and Wildlife Service, DOI. ACTION: Notice of availability. application includes a Habitat BILLING CODE 4210±01±M Conservation Plan and an SUMMARY: Van Daele Development Implementation Agreement, both of Corporation of Riverside, California which are available for public review (Van Daele), has applied to the Fish and and comment. We also request

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All gnatcatcher. considered Van Daele’s proposed comments on the Environmental To minimize impacts, Van Daele project (Proposed Action Alternative) Assessment and permit application will proposes in its Habitat Conservation and three scenarios under the No Action become part of the administrative record Plan to flush coastal California Alternative. Under the Proposed Action and will be available to the public. gnatcatchers prior to grading operations Alternative, we would issue a permit DATES: Written comments should be and to monitor the site during clearing under section 10(a)(1)(B) of the received on or before April 24, 2000. and grubbing operations (brushing). To Endangered Species Act to Van Daele, mitigate for the permanent loss of authorizing incidental take of the ADDRESSES: You should address written occupied habitat due to the proposed threatened coastal California comments to Mr. Ken Berg, Field subdivision development, Van Daele gnatcatcher during development and Supervisor, Fish and Wildlife Service, proposes to permanently protect coastal occupancy of the single-family 2730 Loker Avenue West, Carlsbad, sage scrub habitat off site that has high residence tract on the 35-acre proposed California 92008. You also may send long-term conservation value for the project site. The project site was comments by facsimile to telephone coastal California gnatcatcher. Van previously used for oil and gas (760) 431–9624. Daele has agreed with the Service to operations. Prior to development, Van FOR FURTHER INFORMATION CONTACT: Ms. mitigate for the entire habitat area that Daele would ensure that the site is fully Karen Evans, Division Chief, Los supports coastal California gnatcatchers remediated for hazardous wastes that Angeles and Orange Counties, at the on site, which includes not only the might be present as a result of the above address or call (760) 431–9440. coastal sage scrub but also the grassland approximately 19 wells that have SUPPLEMENTARY INFORMATION: ecotone (transition zone between habitat operated at the site. The remediation Availability of Documents types) and the mulefat scrub on the would be fully compliant with property, for a combined total of 4.65 requirements of all applicable State, You may obtain copies of the acres. County, and local agencies and documents for review by calling our The mitigation plan contains four regulations. Three oil wells would Carlsbad Fish and Wildlife Office at the options that include acquisition or remain in operation concurrently with above referenced telephone number. restoration, preservation, and and adjacent to the proposed project. You also may make an appointment to management of high-quality habitat to Implementation of the proposed review the documents during normal support coastal California gnatcatchers project would require several business hours at the above address. (in order of priority); discretionary actions by the City of Background 1. Contribute funds to the purchase of Fullerton including a Specific Plan lands within the Coal Canyon wildlife amendment, zone change, and Section 9 of the Endangered Species corridor. development agreement. Development Act and Service regulations prohibit the 2. Purchase coastal California of the proposed project would result in ‘‘take’’ of threatened or endangered gnatcatcher occupied habitat adjacent the conversion of approximately 35 wildlife. Take means to harass, harm, to, and for incorporation into, Chino acres of land from oilfield and gas pursue, hunt, shoot, wound, kill, trap, Hills State Park. operations to residential uses. capture or collect listed animal species, 3. Purchase land within the Implementation would also require the or attempt to engage in such conduct (16 conditional sale area of the previously marginal extension of Maple Avenue, USC 1538). Harm may include approved Shell Oil/Metropolitan Water which currently terminates at Rolling significant habitat modification that District Habitat Conservation Plan, for Hills Park, into the western portion of actually kills or injures wildlife by incorporation into the Chino Hills State the project site. significantly impairing essential Park. Under the no Action Alternative, the behavioral patterns, including breeding, 4. Restore 4.65 acres of a lemon Service would not issue an incidental feeding, and sheltering [50 CFR 17.3(c)]. orchard to coastal sage scrub vegetation take permit. Van Daele would either The Service, however, may issue within Chino Hills State Park. This proceed with a reduced residential permits to take endangered and/or lemon orchard is adjacent to occupied development, select an alternative site, threatened wildlife incidental to, and coastal California gnatcatcher habitat. or abandon the project. not the purpose of, otherwise lawful Based on lands valued at $37,000 per Under this no take scenario, Van activities. Regulations governing acre (as determined from the cost of Daele could proceed with a residential permits for endangered and threatened land in the Shell Oil/Metropolitan development project within the same species are found at 50 CFR 17.22 and Water District conditional sale area), 35-acre parcel but with a reduced 17.32. Van Daele proposes to contribute a construction area configuration, so as to We propose to issue a permit to Van minimum of $172,050 in fulfillment of avoid physically disturbing the on-site Daele authorizing take of the threatened this Habitat Conservation Plan. The coastal California gnatcatcher habitat. coastal California gnatcatcher incidental Service expects that this amount would The residential development would be to otherwise lawful construction, be adequate to acquire between 3 and reduced by approximately 5 residences development, and occupancy of a 4.65 acres of habitat, or to restore 4.65 compared to the proposed project. residential subdivision. This project ares of habitat. Van Daele reserves the Under a second no take scenario, Van would directly impact the gnatcatcher right to propose other possible options Daele could select a different site for a by removing 4.65 acres of suitable at a later date. These options may be residential development project that habitat on the 35-acre parcel. The selected if they are acceptable to the does not support any listed species. permit application includes a Habitat Service and do not diminish the level or Therefore, the project would not result Conservation Plan and an means of mitigation. We anticipate these in the incidental take of a listed species

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 15916 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices and issuance of an incidental take ADDRESSES: Requests for copies of the describes several habitat restoration, permit would not be required. Draft NRRP may be made to: Mark acquisition, and protection alternatives Under a third no take scenario, Van Roberts, U.S. Fish and Wildlife Service, identified by the DOI, and evaluates Daele could abandon the project. The Pennsylvania Field Office, 315 South each of the possible alternatives based site would remain relatively vacant with Allen Street, Suite 322, State College, on all relevant considerations. The the exception of the continued Pennsylvania 16801. DOI’s Preferred Alternative is to use the operation of up to 19 oil wells. Under Written comments or materials settlement funds to purchase and restore this scenario, there is no assurance that regarding the Draft NRRP should be sent fish and wildlife habitat within the site remediation and abandonment of to the same address. French Creek watershed, in cooperation the approximately 16 wells formerly in FOR FURTHER INFORMATION CONTACT: with several identified partners. The use at the site would occur in a timely Mark Roberts, Environmental Pennsylvania Game Commission will fashion. Hazardous residuals from prior Contaminants Branch, U.S. Fish and accept title of the property and manage site use could remain indefinitely in the Wildlife Service, Pennsylvania Field it for the perpetual protection of fish subsurface soils. Office, 315 South Allen Street, Suite and wildlife resources. Details regarding We provide this notice pursuant to 322, State College, Pennsylvania 16801. the proposed projects are contained in section 10(a) of the Endangered Species Interested parties may also call (814) Act and Service regulations for 234–4090 or send e-mail to the Draft NRRP. implementing the National [email protected] for further The Final Revised Procedures for the Environmental Policy Act of 1969 (40 information. Service in implementing the National CFR 1506.6). We will evaluate the SUPPLEMENTARY INFORMATION: Under the Environmental Policy Act were permit application, Habitat authority of the Comprehensive published in the Federal Register on Conservation Plan, Implementation Response, Compensation and Liability January 16, 1997. That publication Agreement, Environmental Assessment, Act of 1980, as amended (CERCLA), provides for a categorical exclusion for associated documents, and comments ‘‘natural resource trustees may assess natural resource damage assessment submitted thereon to determine whether damages to natural resources resulting restoration plans prepared under the application meets the requirements from a discharge of oil or a release of a CERCLA when only minor or negligible of section 10(a) of the Endangered hazardous substance * * * and may change in the use of the affected areas Species Act. If we determine that the seek to recover those damages.’’ Natural is planned. The DOI has determined requirements are met, we will issue a resource damage assessments are that the Preferred Alternative will result permit for the incidental take of the separate from the cleanup actions coastal California gnatcatcher. We will in only a minor change in the use of the undertaken at a hazardous waste site, make a decision on permit issuance no affected area. Accordingly this Draft and provide a process whereby the sooner than 30 days from the date of NRRP qualifies for a categorical natural resource trustees can determine this notice. exclusion under NEPA. the proper compensation to the public Interested members of the public are Dated: March 20, 2000. for injury to natural resources. At the invited to review and comment on the Elizabeth H. Stevens, Saegertown Site in the Borough of Draft NRRP. Copies of the Draft NRRP Deputy Manager, California/Nevada Saegertown. Crawford County, Operations Office, Fish and Wildlife Service, Pennsylvania, DOI was the sole natural are available from the U.S. Fish and Sacramento, California. resource trustee involved in the federal Wildlife Service’s Pennsylvania Field [FR Doc. 00–7304 Filed 3–23–00; 8:45 am] government’s settlement with the GATX Office at 315 South Allen Street, Suite BILLING CODE 4310±55±M Corporation (GATX). GATX owns a 322, State College, Pennsylvania 16801. portion of the site. The U.S. Fish and Additionally the Draft NRRP is available Wildlife Service determined that for review at the Saegertown Area DEPARTMENT OF THE INTERIOR contamination on the GATX portion of Library, 320 Broad Street, Saegertown, the site had degraded habitat and Pennsylvania 16433. All comments Fish and Wildlife Service injured trust resources (migratory birds). received on the Draft NRRP will be Notice of Availability, Draft Natural The injuries resulted from the exposure considered and a response provided Resource Restoration Plan of migratory birds (such as killdeers, either through revision of this Draft red-winged blackbirds, mourning doves, NRRP and incorporation into the Final AGENCY: Fish and Wildlife Service, and waterflow) to mercury, lead, and Natural Resource Restoration Plan, or by Department of the Interior. PCB contamination in a 2.3-acre pond/ letter to the commentor. ACTION: Notice of availability. wetland complex on the site. Author: The primary author of this As part of a Consent Decree requiring SUMMARY: The U.S. Fish and Wildlife remedial actions at the Saegertown site, notice is Mark Roberts, U.S. Fish and Service (Service), on behalf of the DOI agreed to a monetary settlement Wildlife Service, Pennsylvania Field Department of the Interior (DOI), as a with GATX for natural resource Office, 315 South Allen Street, Suite natural resource trustee, announces the damages. The settlement of $94,510 was 322, State College, Pennsylvania 16801. release for public review of the Draft designated for restoration, replacement, Authority: The authority for this action is Natural Resource Restoration Plan or acquisition of the equivalent natural the Comprehensive Environmental Response, (NRRP) for the Saegertown Industrial resource injured by the release of Compensation and Liability Act of 1980, as Area National Priorities List Superfund contaminants at the site, and included amended (‘‘CERCLA’’), 42 U.S.C. Site (Saegertown Site). The Draft NRRP reimbursement for costs related to Dated: March 10, 2000. describes the DOI’s proposal to restore assessing the damages. natural resources injured as a result of The Draft NRRP is being released in M.A. Parker, chemical contamination at the accordance with the Natural Resource Assistant, Regional Director, Region 5, U.S. Saegertown Site. Damage Assessment Regulations found Fish and Wildlife Service. DATES: Written comments must be at Title 43 of the Code of Federal [FR Doc. 00–7286 Filed 3–23–00; 8:45 am] submitted on or before April 15, 2000. Regulation Part II. The Draft NRRP BILLING CODE 4310±55±M

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DEPARTMENT OF THE INTERIOR applicable law. Appropriation of lands 1714(f) (1994), the Secretary determines described in this order under the that the withdrawals shall be extended Bureau of Land Management general mining laws prior to the date insofar as they affect the following [CO±930±1430±ET; COC±28245] and time of restoration is unauthorized. described lands: Any such attempted appropriation, Boise Meridian Public Land Order No. 7433; Partial including attempted adverse possession under 30 U.S.C. 38 (1994), shall vest no Executive Order dated November 21, 1916, Revocation of Two Secretarial Orders; Powersite Reserve No. 565 (IDI–15630) Colorado rights against the United States. Acts required to establish a location and to T. 9 S., R. 16 E., Sec. 15, lot 8; AGENCY: Bureau of Land Management, initiate a right of possession are Interior. Sec. 16, lots 7 to 16, inclusive; governed by State law where not in Sec. 17, lots 11 to 14, inclusive; ACTION: Public Land Order. conflict with Federal law. The Bureau of Sec. 21, lot 3; Land Management will not intervene in Sec. 22, lots 5 to 12, inclusive; SUMMARY: This order partially revokes disputes between rival locators over Sec. 23, lots 10 to 19, inclusive; two Secretarial orders which withdrew possessory rights since Congress has Sec. 24, lots 10 to 15, inclusive; National Forest System lands for the provided for such determination in local Sec. 25, lots 4, 5, and 6. Bureau of Reclamation’s Colorado-Big courts. T. 9 S., R. 17 E., Thompson Project. These lands are no Sec. 19, lots 8 to 13, inclusive, and SE1⁄4SE1⁄4; longer needed for reclamation purposes. Dated: March 10, 2000. Sec. 20, lots 3 and 4; This action will open 922.26 acres to Kevin Gover, Sec. 28, lots 7 to 12, inclusive; such forms of disposition as may by law Assistant Secretary of the Interior. Sec. 29, lots 8 to 12, inclusive; Sec. 30, lots 8 to 13, inclusive; be made of National Forest System [FR Doc. 00–7292 Filed 3–23–00; 8:45 am] Sec. 33, lots 6 and 7 and NE1⁄4NE1⁄4; lands and to mining. The lands have BILLING CODE 4310±JB±P Sec. 34, lot 11, and portions of lots 12 to 17, been and will remain open to mineral inclusive; leasing. Sec. 35, portions of lots 10 to 13, inclusive, 1 1 EFFECTIVE DATE: April 24, 2000. DEPARTMENT OF THE INTERIOR and portion of SE ⁄4NW ⁄4; Sec. 36, lots 10, 11, 12, 14, and portion of lot FOR FURTHER INFORMATION CONTACT: Bureau of Land Management 15. Doris E. Chelius, BLM Colorado State T. 9 S., R. 18 E., [ID±933±1430±ET; IDI±15630 et al.] Office, 2850 Youngfield Street, Sec. 31, lots 4 and 5; Lakewood, Colorado 80215, 303–239– 1 2 1 4 Public Land Order No. 7437; Sec. 32, lot 5 and N ⁄ NW ⁄ ; 3706. Sec. 33, lots 1 and 2, SE1⁄4SW1⁄4, and Modification and Partial Revocation of By virtue of the authority vested in SW1⁄4SE1⁄4. Executive Orders; Idaho the Secretary of the Interior by Section T. 10 S., R. 18 E., Sec. 3, lot 9, and SW1⁄4NW1⁄4; 204 of the Federal Land Policy and AGENCY: Bureau of Land Management, Management Act of 1976, 43 U.S.C. Sec. 4, lots 1, 2, and 4. Interior. T. 10 S., R. 21 E., (1994), it is ordered as follows: ACTION: Public Land Order. Sec. 29, lots 10, 11, and 12, SW1⁄4NW1⁄4, 1. The Secretarial Orders dated March and W1⁄2SE1⁄4NW1⁄4. 7, 1935, and July 24, 1937, which SUMMARY: This order modifies 5 Executive Order dated July 2, 1910, withdrew National Forest System lands Executive orders to establish a 20-year Powersite Reserve No. 120 (IDI–15632) for the Colorado-Big Thompson term as to 8,040.07 acres of lands T. 8 S., R. 30 E., Reclamation Project, are hereby revoked withdrawn for the Bureau of Land Sec. 1, lots 4 to 7, inclusive; insofar as they affect following Management for use as Powersite Sec. 10, lots 2 to 5, inclusive, and described lands: Reserves. This order also partially W1⁄2SW1⁄4; Sec. 11, lot 5, and NW1⁄4NW1⁄4; Sixth Principal Meridian revokes 3 of the Executive orders insofar as they affect 3,443 acres and opens Sec. 12, lots 2 and 3, and SE1⁄4NW1⁄4; 1 1 Arapaho National Forest 277.30 acres to surface entry. The Sec. 15, lots 5, 6, and 7, and NW ⁄4NW ⁄4; Sec. 22, lot 4 and SE1⁄4SW1⁄4. T. 1 N., R. 75 W., remaining 3,165.70 acres have been Sec. 13, lots 5, 6, 11, and 12; conveyed out of Federal ownership. All Executive Order dated July 2, 1910, 1 1 1 1 Powersite Reserve No. 91 (IDI–15634) Sec. 14, NE ⁄4NE ⁄4, SW ⁄4NE ⁄4, and of the lands in Federal ownership have SE1⁄4NW1⁄4. been and will remain open to mining T. 45 N., R. 3 E., T. 2 N., R. 75 W., and mineral leasing. Sec. 4, lots 11, 12, 14, and island adjacent Sec. 19, lots 1 to 4, inclusive, and E1⁄2W1⁄2; thereto; Sec. 23, NE1⁄4NE1⁄4; EFFECTIVE DATE: April 24, 2000. Sec. 9, lots 1 to 6, inclusive; Sec. 31, N1⁄2SW1⁄4NE1⁄4, NE1⁄4NW1⁄4, FOR FURTHER INFORMATION CONTACT: Sec. 10, lots 1 to 5, inclusive; W1⁄2NE1⁄4SW1⁄4, SE1⁄4NE1⁄4SW1⁄4, and Jackie Simmons, BLM Idaho State Sec. 11, lots 3 and 4; SW1⁄4NW1⁄4SE1⁄4; Office, 1387 S. Vinnell Way, Boise, Sec. 13, lots 1 to 4, inclusive, lots 9, 11, 1 1 1 1 Sec. 32, lots 3 and 6, SW1⁄4NW1⁄4, 12, and 13, S ⁄2NW ⁄4, and NW ⁄4SE ⁄4; 1 1 1 1 Idaho 83709, 208–373–3867. NE ⁄4SW ⁄4, and SW ⁄4SE ⁄4. By virtue of the authority vested in Sec. 14, lot 3 and E1⁄2NW1⁄4. The areas described aggregate 922.26 acres the Secretary of the Interior by Section T. 45 N., R. 4 E., in Grand County. 204 of the Federal Land Policy and Sec. 11, lots 3 and 4; Sec. 14, lot 3; 2. At 9 a.m. on April 24, 2000, the Management Act of 1976, 43 U.S.C. Sec. 17, lots 1 to 10, inclusive, and lands shall be opened to such forms of 1714 (1994), it is ordered as follows: SW1⁄4NE1⁄4; disposition as may by law be made of 1. The following Executive orders are Sec. 18, lot 7 and SW1⁄4NE1⁄4. National Forest System lands, including hereby modified to expire 20 years from Executive Order dated July 2, 1910, location and entry under the United the effective date of this order unless as Powersite Reserve No. 21 (IDI–15636) States mining laws, subject to valid a result of a review conducted before the T. 7 N., R. 2 E., existing rights, the provisions of existing expiration date pursuant to Section Sec. 10, lots 1 and 2; withdrawals, other segregations of 204(f) of the Federal Land Policy and Sec. 11, lots 4 and 5; record, and the requirements of Management Act of 1976, 43 U.S.C. Sec. 14, lots 1, 2, 4, and NW1⁄4SW1⁄4;

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Sec. 15, lots 1 to 5, inclusive; T. 7 N., R. 2 E., longer needed for these purposes and Sec. 22, NE1⁄4NE1⁄4; Sec. 30, lots 3, 4, and 5; the revocation would make 14.90 acres Sec. 23, lot 10; Sec. 31, lots 1 and 2, lots 5 to 9, inclusive, 1 1 1 1 available for exchange. These lands Sec. 32, lots 3, 4, and 8, and N ⁄2SE ⁄4; and SE ⁄4NW ⁄4. have been and will remain open to Sec. 33, lots 1 and 2. T. 8 N., R. 2 E., mineral leasing. The remaining 2.25 Executive Order dated December 19, 1910, Sec. 24, lots 1 to 7, inclusive; 1 1 acres have been conveyed out of Federal Powersite Reserve No. 165 (IDI–15650) Sec. 25, lots 1, 2, and 3, and NW ⁄4NE ⁄4; ownership and this is a record-clearing T. 2 S., R. 38 E., Sec. 26, lots 1 to 5, inclusive. Sec. 7, lots 3, 4, and 5; T. 8 N., R. 3 E., action only for this portion. Sec. 8, lots 1 and 2; Sec. 5, lots 1 and 10; EFFECTIVE DATE: March 24, 2000. Sec. 17, lot 1; Sec. 8, lots 2, 5, and 6; Sec. 17, lots 3 to 6, inclusive; FOR FURTHER INFORMATION CONTACT: Sec. 29, lots 1, 2, and 3; Sandra Ward, BLM Montana State Sec. 33, lots 4 and 5, and NE1⁄4SE1⁄4. Sec. 18, lots 9 and 10; T. 3 S., R. 38 E., Sec. 19, lots 3, 5, 6, and NW1⁄4NE1⁄4. Office, P.O. Box 36800, Billings, Sec. 4, lots 8 to 11, inclusive; Executive Order dated December 19, 1910, Montana 59107, 406–896–5052. Sec. 9, lot 3; Powersite Reserve No. 165 (IDI–15650) By virtue of the authority vested in Sec. 10, lots 5 to 9, inclusive; T. 2 S., R. 38 E., the Secretary of the Interior by Section Sec. 11, lots 3 to 6, inclusive; Sec. 29, lot 4; 204 of the Federal Land Policy and Sec. 13, lots 5 to 9, inclusive; Sec. 33, lots 1 and 3. Management Act of 1976, 43 U.S.C. T. 4 S., R. 39 E. Sec. 14, lot 3; 1714 (1994), it is ordered as follows: Sec. 24, lots 6 and 7. Sec. 8, SW1⁄4SW1⁄4; T. 3 S., R. 39 E., Sec. 18, E1⁄2E1⁄2; 1. The Executive Order dated June 10, 1 1 Sec. 19, lots 2 and 3, SE1⁄4NW1⁄4, Sec. 19, E ⁄2NE ⁄4. 1912, which withdrew National Forest SW1⁄4NE1⁄4, NE1⁄4SW1⁄4, N1⁄2SE1⁄4, and The areas described aggregate 3,165.70 System lands for Phosphate Reserve SE1⁄4SE1⁄4; acres in Shoshone, Boise and Bingham 12—Montana No. 3, and Public Land Sec. 20, SW1⁄4SW1⁄4; Counties. Order No. 1692, which withdrew 1 1 1 1 1 Sec. 29, N ⁄2NW ⁄4, SE ⁄4NW ⁄4, and SE ⁄4; National Forest System lands for the Sec. 32, NE1⁄4 and NE1⁄4SE1⁄4; 4. At 9 a.m. on April 24, 2000, the Bureau of Land Management’s Sec. 33, N1⁄2SW1⁄4 and SE1⁄4SW1⁄4. lands described in Paragraph 2, shall be T. 4 S., R. 39 E., opened to the operation of the public Phosphate Reserve No. 12—Montana Sec. 4, W1⁄2NE1⁄4, NE1⁄4NW1⁄4, S1⁄2NW1⁄4, land laws generally, subject to valid No. 3, are hereby revoked insofar as they N1⁄2SW1⁄4, and SW1⁄4SW1⁄4; existing rights, the provisions of existing affect the following described lands: Sec. 5, S1⁄2SE1⁄4; withdrawals, other segregations of Principal Meridian, Montana Sec. 7, S1⁄2SE1⁄4; record, and the requirements of Sec. 8, N1⁄2NE1⁄4, NE1⁄4NW1⁄4, S1⁄2NW1⁄4, Beaverhead National Forest and N1⁄2SW1⁄4; applicable law. All valid applications (a) Federal lands (14.90 acres) Sec. 17, SW1⁄4NW1⁄4 and NW1⁄4SW1⁄4; received at or prior to 9 a.m. on April Sec. 20, SW1⁄4NW1⁄4, N1⁄2SW1⁄4, and 24, 2000, shall be considered as T. 1 S., R. 11 W., SE1⁄4SW1⁄4. simultaneously filed at that time. Those Sec. 3, lot 10. The areas described aggregate 8,040.07 received thereafter shall be considered (b) Non-Federal lands (2.25 acres) acres in Jerome, Twin Falls, Power, in the order of filing. T. 1 S., R. 11 W., Shoshone, Boise, and Bingham Counties. 5. The lands described in Paragragh 3 Sec. 3, a strip of land lying between Tracts The lands described above continue have been conveyed out of Federal A and B of HES 223. to be withdrawn from surface entry, but ownership. The areas described in (a) and (b) contain not mining or mineral leasing, to protect Dated: March 10, 2000. 17.15 acres in Beaverhead County. the waterpower values. 2. The Executive Order dated July 2, Kevin Gover, 2. The lands described in Paragraph 1910, which established Powersite Assistant Secretary of the Interior. 1(a) are hereby made available for Reserve No. 21 (IDI–15636), is hereby [FR Doc. 00–7320 Filed 3–23–00; 8:45 am] exchange in accordance with the revoked insofar as it affects the BILLING CODE 4310±GG±P General Exchange Act of 1922, 16 U.S.C. following described lands: 485, 486 (1994). 3. The lands described in Paragraph Boise Meridian DEPARTMENT OF THE INTERIOR 1(b) have been conveyed out of Federal T. 8 N., R. 3 E., ownership and this is a record-clearing Sec. 5, lots 7, 8, and 9; Bureau of Land Management action only. Sec. 8, lots 3, 4, 7, and 8; [MT±924±1430±ET; MTM 014987 and MTM Sec. 17, lots 1 and 2; Dated: March 10, 2000. 41561] Sec. 18, lots 5, 6, 7, and 11; Kevin Gover, Sec. 19, lots 1 and 2. Public Land Order No. 7430; Partial Assistant Secretary of the Interior. The areas described aggregate 277.30 acres Revocation of Executive Order dated [FR Doc. 00–7289 Filed 3–23–00; 8:45 am] in Boise County. June 1, 1912 and Public Land Order BILLING CODE 4310±DN±P 3. The following Executive orders are No. 1692; Montana hereby revoked insofar as they affect the following described lands: AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR Interior. Boise Meridian ACTION: Public land order. Bureau of Land Management Executive Order dated July 2, 1910, Powersite Reserve No. 91 (IDI–15634) SUMMARY: This order revokes an T. 45 N., R. 3 E., Executive order and a public land order [MT±924±1430±ET; MTM 40729] Sec. 5, lot 10 and NW1⁄4SW1⁄4; insofar as they affect 17.15 acres of Public Land Order No. 7432; Partial Sec. 10, lot 6; National Forest System lands Sec. 11, lots 1 and 2; Revocation of Secretarial Order Dated Sec. 13, lots 5 to 8, inclusive, lot 10, and withdrawn for the Wise River Ranger August 24, 1903; Montana SW1⁄4NE1⁄4. Station and the Bureau of Land Executive Order dated July 2, 1910, Management’s Phosphate Reserve No. AGENCY: Bureau of Land Management, Powersite Reserve No. 21 (IDI–15636) 12—Montana No. 3. The lands are no Interior.

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ACTION: Public Land Order. DEPARTMENT OF THE INTERIOR By virtue of the authority vested in the Secretary of the Interior by Section SUMMARY: This order revokes a Bureau of Land Management 204 of the Federal Land Policy and Secretarial order insofar as it affects [OR±958±6333±ET; GP0±0161; OR±9651] Management Act of 1976, 43 U.S.C. 382.32 acres of public lands withdrawn 1714 (1994), it is ordered as follows: for the Bureau of Reclamation’s Lower Public Land Order No. 6876; 1. The Secretarial Orders dated July 8, Yellowstone Project. The lands are no Withdrawal of National Forest System 1916 and January 24, 1917, which longer needed for reclamation purposes. Lands for the Ashland Resource established Powersite Reserve No. 536 This action will open 222.32 acres to Natural Area, the Jackson and Powersite Reserve No. 568 surface entry, subject to other Campground Extension, and the respectively, are hereby revoked in their segregations of record. The remaining Kanaka Campground; Oregon; entirety: 160 acres have been conveyed out of Correction Federal ownership and the revocation Willamette Meridian on this portion is a record-clearing AGENCY: Bureau of Land Management, Colville Indian Reservation action only. The lands in Federal Interior. ownership have been and will remain ACTION: Correction. T. 29 N., R. 26 E., open to mining and mineral leasing. Sec. 4, lots 4 and 5. SUMMARY: This action corrects Public T. 30 N., R. 26 E., EFFECTIVE DATE: April 24, 2000. Land Order No. 6876, 56 FR 46122, Sec. 26, lots 3 and 4; FOR FURTHER INFORMATION CONTACT: published September 10, 1991, as FR Sec. 35, lot 1. Sandra Ward, BLM Montana State Doc. 91–21627. T. 29 N., R. 30 E., Office, P.O. Box 36800, Billings, On page 46122, third column, Sec. 1, lots 4 and 5, and lots 7 to 11, Montana 59107, 406–896–5052. paragraph 1, under T. 40 S., R. 3 W., inclusive; which reads ‘‘Sec. 19, lots 2, 3, 4, and Sec. 2, lots 6 and 7, and NE1⁄4NE1⁄4. By virtue of the authority vested in T. 30 N., R. 30 E., the Secretary of the Interior by Section 6.’’ is hereby corrected to read ‘‘Sec. 19, Sec. 10, lots 5 to 8, inclusive, NW1⁄4NE1⁄4, 204 of the Federal Land Policy and lots 1, 2, 3, 4, and 6.’’ and NE1⁄4SE1⁄4; Management Act of 1976, 43 U.S.C. Kenneth J. St. Mary, Sec. 14, SW1⁄4NW1⁄4 and W1⁄2SW1⁄4; 1714 (1994), it is ordered as follows: Acting Chief, Branch of Realty and Records Sec. 15, lots 5 to 8, inclusive; 1. The Secretarial Order dated August Services, Oregon/Washington. Sec. 22, lots 6 to 10, inclusive; 24, 1903, which withdrew public lands [FR Doc. 00–7288 Filed 3–23–00; 8:45 am] Sec. 23, W1⁄2W1⁄2; for the Bureau of Reclamation’s Lower BILLING CODE 4310±33±P Sec. 26, lots 1 to 4, inclusive, and Yellowstone Project, is hereby revoked SW1⁄4SE1⁄4; insofar as it affects the following Sec. 27, lot 5; described lands: DEPARTMENT OF THE INTERIOR Sec. 35, lots 3 to 6, inclusive. T. 31 N., R. 30 E., Principal Meridian, Montana Bureau of Land Management Sec. 31, lots 3 and 6; (a) Federal Lands (222.32 Acres) [OR±958±6333±ET; GP0±0023; OR± Sec. 32, lots 1 to 4, inclusive; T. 19 N., R. 57 E., 19617(WA), OR±22318 (WA)] Sec. 33, lots 3 and 4. 1 1 Sec. 24, W ⁄2W ⁄2. T. 28 N., R. 33 E., T. 21 N., R. 58 E., Public Land Order No. 7431; Sec. 10, lot 1, SE1⁄4SW1⁄4, and areas A and Sec. 22, lots 4 and 5. Revocation of Secretarial Orders Dated B lying in the NW1⁄4SW1⁄4; (b) Non-Federal Lands (160 Acres) July 8, 1916 and January 24, 1917; Sec. 13, lots 9 to 17, inclusive; T. 19 N., R. 57 E., Washington Sec. 14, lots 8 to 15, inclusive, and areas Sec. 24, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, and A and B (formerly lot 7); 1 1 AGENCY: Bureau of Land Management, NE ⁄4NW ⁄4. Sec. 15, lots 5, 6, 8, 9, and 10. Interior. The areas described in (a) and (b) aggregate T. 28 N., R. 34 E., 382.32 acres in Richland County. ACTION: Public Land Order. Sec. 17, lots 7 to 11, inclusive; Sec. 18, lots 8, 9, 11, 12, and 13. 2. At 9 a.m. on April 24, 2000, the SUMMARY: This order revokes, in their lands referenced in paragraph 1(a) shall entirety, two Secretarial orders as they The areas described aggregate be opened to the operation of the public affect 2,404.11 acres of lands within the approximately 2,404.11 acres in Ferry and land laws generally, subject to valid Colville Indian Reservation withdrawn Okanogan Counties. existing rights, the provisions of existing for Bureau of Land Management 2. At 8:30 a.m. on March 24, 2000, the withdrawals, other segregations of Powersite Reserve Nos. 536 and 568. record, and the requirements of lands will be opened to such forms of The lands are no longer needed for the disposition as may by law be made of applicable law. All valid applications purpose for which they were received at or prior to 9:00 a.m. on April Indian Reservation lands, subject to withdrawn. This action will open the valid existing rights, the provisions of 24, 2000, shall be considered as lands to such forms of disposition as existing withdrawals, other segregations simultaneously filed at that time. Those may by law be made of Indian of record, and the requirements of received thereafter shall be considered Reservation lands. in the order of filing. applicable law. EFFECTIVE DATE: March 24, 2000. Dated: March 10, 2000. Dated: March 10, 2000. FOR FURTHER INFORMATION CONTACT: Kevin Gover, Allison O’Brien, BLM Oregon/ Kevin Gover, Assistant Secretary of the Interior. Washington State Office, PO Box 2965, Assistant Secretary of the Interior. [FR Doc. 00–7294 Filed 3–23–00; 8: 45 am] Portland, Oregon 97208–2965, 503–952– [FR Doc. 00–7291 Filed 3–23–00; 8:45 am] BILLING CODE 4310±DN±P 6171. BILLING CODE 4310±33±P

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DEPARTMENT OF THE INTERIOR Sec. 25, lot 3 and lot 1 including all of the FOR FURTHER INFORMATION CONTACT: tideland lying east of, fronting, and Janet Booth, BLM Wyoming State Office, Bureau of Land Management abutting upon; P.O. Box 1828, Cheyenne, Wyoming Sec. 26, lots 8 to 10, inclusive; 82003, 307–775–6124. The areas described aggregate [OR±958±6333±ET; GP0±0087; OR±54142] By virtue of the authority vested in approximately 1,712.74 acres in Coos the Secretary of the Interior by Section County. Public Land Order No. 7436; 204 of the Federal Land Policy and Withdrawal of Public Lands for Coos 2. The following described non- Management Act of 1976, 43 U.S.C. Bay North Spit Special Recreation Area Federal lands, if acquired by the United 1714 (1994), it is ordered as follows: and Area of Critical Environmental States, will be subject to the terms and 1. Subject to valid existing rights, the Concern; Oregon conditions of this withdrawal as following described public lands are described in paragraph 1: hereby withdrawn from settlement, sale, AGENCY: Bureau of Land Management, Willamette Meridian location, or entry under the general land Interior. laws, including the United States T. 25 S., R. 13 W., ACTION: Public land order. mining laws (30 U.S.C. Ch. 2 (1994)), Sec. 18, lots 3 and 4, and NE1⁄4SW1⁄4; but not from leasing under the mineral SUMMARY: Sec. 19, lot 4. This order withdraws leasing laws, to protect the Whiskey 1,712.74 acres of public lands from T. 25 S., R. 14 W., Sec. 24, lot 4. Mountain Bighorn Sheep Winter Range: mining for a period of 20 years for the Bureau of Land Management to protect Along with any accretion to the above Sixth Principal Meridian listed lands. The areas described aggregate the Coos Bay North Spit Special approximately 150.93 acres in Coos County. T. 40 N., R.105 W., Recreation Management Area and Area Sec. 17, NE1⁄4NE1⁄4, S1⁄2N1⁄2, NE1⁄4SW1⁄4, of Critical Environmental Concern. An 3. The withdrawal made by this order and SE1⁄4; additional 150.93 acres of non-Federal does not alter the applicability of those Sec. 18, NE1⁄4NE1⁄4; 1 1 lands, if acquired by the United States, public land laws governing the use of Sec 20, E ⁄2NE ⁄4; the lands under lease, license, or permit, Sec. 21, NW1⁄4NW1⁄4, S1⁄2NW1⁄4, N1⁄2SW1⁄4, would also be withdrawn by this order. 1 1 or governing the disposal of their and SE ⁄4SW ⁄4. The public lands have been and will T. 41 N., R. 106 W., mineral or vegetative resources other remain open to surface entry and Sec. 17, NW1⁄4SW1⁄4, S1⁄2SW1⁄4, and mineral leasing subject to other than under the mining laws. S1⁄2S1⁄2SE1⁄4; segregations of record. 4. This withdrawal will expire 20 Sec. 18, NE1⁄4NE1⁄4 (excepting patent years from the effective date of this 1 2 1 4 1 4 1 4 EFFECTIVE DATE: March 24, 2000. 906078), W ⁄ NE ⁄ , SE ⁄ NW ⁄ , order unless as a result of a review NE1⁄4SW1⁄4, and SE1⁄4; FOR FURTHER INFORMATION CONTACT: 1 1 1 1 conducted before the expiration date Sec. 19, lot 1, N ⁄2NE ⁄4, and NE ⁄4NW ⁄4. Michael Barnes, BLM Oregon/ pursuant to Section 204(f) of the Federal The areas described aggregate 1,430.92 Washington State Office, P.O. Box 2965, Land Policy and Management Act of acres in Fremont County. Portland, Oregon 97208–2965, 503–952– 1976, 43 U.S.C. 1714 (1994), the 6155. 2. The withdrawal made by this order Secretary determines that the does not alter the applicability of those By virtue of the authority vested in withdrawal shall be extended. the Secretary of the Interior by Section public land laws governing the use of 204 of the Federal Land Policy and Dated: March 10, 2000. lands under lease, license, or permit, or Management Act of 1976, 43 U.S.C. Kevin Gover, governing the disposal of their mineral 1714 (1994), it is ordered as follows: Assistant Secretary of the Interior. or vegetative resources other than under 1. Subject to valid existing rights and [FR Doc. 00–7293 Filed 3–23–00; 8:45 am] the mining laws. 3. This withdrawal will expire 20 other segregations of record, the BILLING CODE 4310±33±P following described public lands are years from the effective date of this hereby withdrawn from location and order unless, as a result of a review entry under the United States mining DEPARTMENT OF THE INTERIOR conducted before the expiration date laws (30 U.S.C. Ch 2 (1994)), but not pursuant to Section 204(f) of the Federal from surface entry under the general Bureau of Land Management Land Policy and Management Act of land laws or leasing under the mineral 1976, 43 U.S.C. 1714(f) (1994), the leasing laws, to protect the Coos Bay [WY±921±1430±ET; WYW 141567] Secretary determines that the withdrawal shall be extended. North Spit Special Recreation Area and Public Land Order No. 7434; Area of Critical Environmental Concern: Withdrawal of Public Land for Whiskey Dated: March 10, 2000. Willamette Meridian Mountain Bighorn Sheep Winter Kevin Gover, Assistant Secretary of the Interior. T. 25 S., R. 13 W., Range; Wyoming 1 1 [FR Doc. 00–7290 Filed 3–23–00; 8:45 am] Sec. 4, N ⁄2NW ⁄4; AGENCY: Bureau of Land Management, Sec. 5, fractional NW1⁄4NW1⁄4; BILLING CODE 4310±22±P Sec. 6, lot 3, lots 5 to 9, inclusive, and Interior. SE1⁄4NE1⁄4; ACTION: Public Land Order. Sec. 7, lots 6 and 8, and lots 10 to 19, DEPARTMENT OF THE INTERIOR inclusive; SUMMARY: This order withdraws Sec. 8, lot 2; 1,430.92 acres of public lands from Bureau of Land Management Sec. 18, lots 7 and 8, E1⁄2NW1⁄4, fractional surface entry and mining for a period of W1⁄2NW1⁄4, and fractional NW1⁄4SW1⁄4. 20 years to protect the Whiskey [CA±940±01±5410±10±B119; CACA 41159] T. 25 S., R. 14 W., Mountain Bighorn Sheep Winter Range Sec. 12, lot 1; and capital investments in the area. The Conveyance of Mineral Interests in Sec. 13, lots 1 to 4, inclusive, and E1⁄2SE1⁄4; California; Correction Sec. 23, lot 1; lands have been and will remain open Sec. 24, lots 6 to 13, inclusive, W1⁄2NE1⁄4, to mineral leasing. AGENCY: Bureau of Land Management, and NE1⁄4SW1⁄4; EFFECTIVE DATE: March 24, 2000. Interior.

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ACTION: Correction. The Board will also discuss its DEPARTMENT OF THE INTERIOR organizational and administrative SUMMARY: This notice corrects the needs. Office of Surface Mining Reclamation following Notice of Segregation: and Enforcement (1) Notice of Segregation which was The meeting will be open to the published on February 18, 2000 on page public, however, facilities and space for Final Petition Evaluation Document/ 8440 (65 FR 8440), as FR Doc. 00–3957: accommodating members of the public Environmental Impact Statement on On page 8440, in the second column, are limited, and persons will be Fall Creek Falls, Tennessee under T. 26 S., R. 37 E., which reads accommodated on a first-come-first- ‘‘Sec. 7, N1⁄2S1⁄2SE1⁄4NW1⁄4, served basis. AGENCY: Office of Surface Mining S1⁄2S1⁄2SE1⁄4NW1⁄4, N1⁄2S1⁄2SE1⁄4NW1⁄4.’’ Reclamation and Enforcement, Interior. is hereby corrected to read ‘‘Sec. 7, Assistance to Individuals With ACTION: Notice of extension. N1⁄2S1⁄2 SE1⁄4 NW1⁄4, Disabilities at the Public Meeting S1⁄2S1⁄2SE1⁄4NW1⁄4, N1⁄2N1⁄2NE1⁄4SW1⁄4.’’ SUMMARY: On March 3, 2000, the Office The meeting site is accessible to of Surface Mining Reclamation and David Mcilnay, individuals with disabilities. If you plan Enforcement (we or OSM) made Chief, Branch of Lands. to attend and will need an auxiliary aid available a final petition evaluation [FR Doc. 00–7287 Filed 3–23–00; 8:45 am] or service to participate in the meeting document/environmental impact BILLING CODE 4310±40±P (e.g., interpreting service, assistive statement (PED/EIS) for a petition to listening device, or materials in an designate certain lands in and near Fall alternate format), notify the contact Creek Falls State Park and Natural Area DEPARTMENT OF THE INTERIOR person listed in this notice at least 2 as unsuitable for all surface coal mining operations. The land is located in Van National Park Service weeks before the scheduled meeting date. Attempts will be made to meet any Buren and Bledsoe Counties, Tennessee. Meeting of Concessions Management request(s) we receive after that date, We prepared the PED/EIS to assist the Advisory Board however, we may not be able to make Secretary of the Interior in making a the requested auxiliary aid or service decision on the petition. Governing AGENCY: National Park Service, DOI. available because of insufficient time to regulations at 40 CFR 1506.10(b)(2) ACTION: Notice of Meeting of arrange for it. require that no decision on the petition Concessions Management Advisory be made until 30 days after the PED/EIS Board. Anyone may file with the Board a is made available to the public. We are written statement concerning matters to extending the prescribed wait period by SUMMARY: In accordance with the be discussed. The Board may also 30 days. Federal Advisory Committee Act (Pub. permit attendees to address the Board, L. 92–463, 86 Stat. 770, 5 U.S.C. App 1, DATES: The prescribed time period is but may restrict the length of the extended to May 3, 2000; therefore, the section 10), notice is hereby given that presentations, as necessary to allow the the Concessions Management Advisory decision by the Secretary of the Interior Board to complete its agenda within the will not be made prior to May 4, 2000. Board will hold its second meeting allotted time. April 11 through April 13, 2000, in San ADDRESSES: You may obtain a copy of Francisco, California. The meeting will Interested persons may make oral/ the final PED/EIS by contacting Beverly convene at 8:30 a.m. on Tuesday, April written presentations to the Commission Brock at the address and telephone 11 at the Golden Gate Club located in during the business meeting or file number listed under FOR FURTHER Building 135, Fisher Loop at the written statements. Such requests INFORMATION CONTACT. A copy of the Presidio. The Board will adjourn at should be made to the Director, National final PED/EIS is available for inspection approximately 4:00 p.m. on Thursday, Park Service, attention: Manager, at that address, and also at the Bledsoe April 13. Concession Program Division, at least 7 and Van Buren County Clerk’s offices. SUPPLEMENTARY INFORMATION: The days prior to the meeting. Further FOR FURTHER INFORMATION CONTACT: Advisory Board was established by Title information concerning the meeting Beverly Brock, Supervisor, Technical IV, Section 409 of the National Park may be obtained from National Park Group, Office of Surface Mining, 530 Omnibus Management Act of 1998, Service, Concession Program Division, Gay Street, S.W., Suite 500, Knoxville, November 13, 1998 (Pub. L. 105–391). 1849 C St. NW, Rm. 7313, Washington, Tennessee 37902. Telephone: (865) 545– The purpose of the Board is to advise DC 20240, telephone 202/565–1210. 4103, ext. 146. E-Mail: the Secretary and the National Park Draft minutes of the meeting will be [email protected]. Service on matters relating to SUPPLEMENTARY INFORMATION: We have management of concessions in the available for public inspection about 8 been petitioned by Save Our National Park System. weeks after the meeting, in room 7313, Topics for discussion during this Main Interior Building, 1849 C Street, Cumberland Mountains, Tennessee meeting include: NW, Washington, DC. Citizens for Wilderness Planning, and • 49 citizens to designate the watershed Welcome; Objectives of meeting. Dated: March 17, 2000. • Overview of various business and viewshed of Fall Creek Falls State Robert Stanton, ventures and programs at the Presidio Park and Natural Area, Tennessee, as and Golden Gate NRA. Director, National Park Service. unsuitable for all types of surface coal • Review of NPS Rate Approval [FR Doc. 00–7272 Filed 3–23–00; 8:45 am] mining operations. Procedures. BILLING CODE 4310±70±P We prepared the final PED/EIS in • Discussion of Department of accordance with Section 522(d) of the Defense ‘‘Best Practices’’ Review. Surface Mining Control and • Closing remarks (including Reclamation Act of 1977 (SMCRA) and summary of accomplishments of Section 102(2)(c) of the National meeting, date of next proposed meeting, Environmental Policy Act of 1969 assignment of tasks). (NEPA). We have analyzed the

VerDate 202000 18:23 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm01 PsN: 24MRN1 15922 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices petitioners’ proposed action of Commission will submit to the Office of DEPARTMENT OF JUSTICE designating the entire petition area as Management and Budget for approval unsuitable for surface coal mining are posted on the Commission’s World Notice of Lodging of Consent Decree operations and four alternative actions Wide Web site at http://www.usitc.gov Pursuant to the Comprehensive ranging from denying the petition in or may be obtained from Lynn I. Levine, Environmental Response, whole in designating certain portions of Office of Unfair Import Investigations, Compensation and Liability Act the petition area as unsuitable for U.S. International Trade Commission, (``CERCLA'') mining. 500 E Street SW, Washington, DC Notice is hereby given that a proposed In preparing the final PED/EIS, we 20436, telephone, 202–205–2560. revised the draft PED/EIS in response to Consent Decree (‘‘Decree’’) in United comments received during the public SUPPLEMENTARY INFORMATION: States v. Apex Engineering, et al., Civil comment periods. These comments and Action No. 00 2100 GTV, was lodged on Request for Comments OSM’s responses to them are included February 28, 2000, with the United States District Court for the District of in the final PED/EIS. Comments are solicited as to (1) Kansas. The PED/EIS was made available on whether the proposed information March 3, 2000. See 65 FR 11575 and 65 collection is necessary for the proper The complaint filed in the above- referenced matter alleges that FR 11604. We have received a request performance of the functions of the Defendants Apex Engineering, Inc.; to extend the prescribed wait period by agency, including whether the 30 days and by this notice we are Cargill, Inc.; Continental Tank Car information will have practical utility; extending the wait period through May Corporation; Coastal Refining and (2) the accuracy of the agency’s estimate 3, 2000. No decision will be made by Marketing, Inc.; The Coleman Company, the Secretary of the Interior prior to May of the burden of the proposed Inc.; Farmland Industries, Inc.; Safety- 4, 2000. When the decision is made, we information collection; (3) the quality, Kleen (Wichita), Inc.; Unified School will make it available to the public. utility, and clarity of the information to District No. 259; Union Oil Company of be collected; and (4) minimization of the Dated: March 15, 2000. California, d/b/a Unocal; and Van burden of the proposed information Waters & Rogers Inc., are jointly and Mary Josie Blanchard, collection on those who are to respond. severally liable for the United States’ Assistant Director, Program Support. Summary of the Proposed Information response costs at the 29th and Mead [FR Doc. 00–7208 Filed 3–23–00; 8:45 am] Superfund Site (‘‘Site’’) in Wichita, Collection BILLING CODE 4310±05±M Kansas, pursuant to Section 107(a) of In its Strategic Plan (available on the CERCLA, 42 U.S.C. 9607(a). agency’s World Wide Web site at http:/ The Site is a 4,000-acre area INTERNATIONAL TRADE /www.usitc.gov) the Commission set comprised of various industrial, COMMISSION itself the goal of obtaining feedback on residential and commercial properties located in north central Wichita, Agency Information Collection the effectiveness of its exclusion orders Sedgwick County, Kansas. It has been Activities; Proposed Collection; from complainants who obtained such used primarily for industrial purposes Comment Request orders under 19 U.S.C. 1337. The survey asks each firm responding to the survey since the late 1880s. EPA discovered AGENCY: United States International to: (i) Evaluate whether the remedial volatile organic compound Trade Commission. exclusion order has prevented the contamination in groundwater beneath ACTION: Notice of proposed collection; importation of items covered by the the Site in 1983. comment request. order, (ii) if not, estimate what are the Under the proposed Decree, the Defendants in this action, and three SUMMARY: Pursuant to the Paperwork absolute value and effect in the United States market of such imports and (iii) additional parties not named in the Reduction Act of 1995 (44 U.S.C. Ch. compliant—the City of Wichita, Kansas; indicate what experience it has had in 35), the Commission intends to seek Excel Corporation; and New Coleman policing the exclusion order, approval from the Office of Management Holdings, Inc.—collectively shall pay particularly with respect to any and Budget to survey complainants who the United States $245,038.22 plus obtained exclusion orders that are investigatory efforts and any interest toward the United States’ currently in effect from the United interactions with the U.S. Customs approximately $300,000.00 in States International Trade Commission Service. unreimbursed response costs at the Site. following proceedings under 19 U.S.C. Responses to the survey are voluntary. In exchange, the United States gives all 1337. The survey will seek feedback on The Commission estimates that the parties to the Decree a covenant not to the effectiveness of the exclusion orders survey will require less than 1 hour to sue and contribution protection for past in stopping certain imports. Comments complete. response costs. concerning the proposed information By order of the Commission. The Department of Justice will collection are requested in accordance receive, for a period of thirty (30) days Dated: March 20, 2000. with 5 CFR 1320.8(d). from the date of this publication, DATES: To be assured of consideration, Donna R. Koehnke, comments relating to the proposed written comments must be received on Secretary. consent decree. Comments should be or before May 23, 2000. [FR Doc. 00–7266 Filed 3–23–00; 8:45 am] addressed to the Assistant Attorney ADDRESSES: Signed comments should be BILLING CODE 7020±02±P General for the Environment and submitted to Donna R. Koehnke, Natural Resources Division, Department Secretary, U.S. International Trade of Justice, 930 Pennsylvania Avenue, Commission, 500 E Street SW, NW, Washington, DC 20530, and should Washington, DC 20436. refer to United States v. Apex FOR FURTHER INFORMATION CONTACT: Engineering, et al., DOJ Ref. #90–11–3– Copies of the proposed survey that the 06696.

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The proposed Decree may be The Department of Justice will accept Director. The topics to be discussed will examined at the office of the United comments relating to this consent include proposals and enhancements to States Attorney, District of Kansas, 500 decree for a period of thirty (30) days the National Crime Information Center State Avenue, Suite 360, Kansas City, from the date of this publication. (NCIC) Convicted Sexual Offender KS 66101, 913–551–6730; and the Address your comments to the Assistant Registry File, an update on the CJIS Region VII Office of the Environmental Attorney General for the Environment Security Policy, and an overview of the Protection Agency, 726 Minnesota and Natural Resources Division, use of Immigration and Naturalization Avenue, Kansas City, KS 66101, 913– Department of Justice, Washington, DC Service records in relation to the 551–7714. A copy of the proposed 20530, and send a copy to the National Instant Criminal Background Decree may also be obtained by mail Environmental Enforcement Section, Check System (NICS). Discussion will from the Consent Decree Library, P.O. U.S. Department of Justice, 301 Howard also include the status on future Box 7611, Washington, DC 20044. In Street, Suite 870, San Francisco, CA enhancements to the Integrated requesting a copy of the Consent Decree, 94105, Attn: Robert Mullaney. Your Automated Fingerprint Identification please refer to the referenced case and comments should refer to United States Systems (IAFIS), IAFIS latent enclose a check in the amount of $9.50 and Communities for a Better fingerprint processing, the National (25 cents per page reproduction costs), Environment v. Sorenson Engineering, Crime Prevention and Privacy Compact, payable to the Consent Decree Library. Inc., Civil Action No. EDCV 96–444–RT the NCIC Protection Order File, and (VAPx) (C.D. Cal.), and DOJ No. 90–11– Joel M. Gross, 2–06467. other issues related to the IAFIS, NCIC, Chief, Environmental Enforcement Section, You may examine the proposed Law Enforcement Online, NICS, and Environment and Natural Resources Division. consent decree at the office of the Uniform Crime Reporting Programs. [FR Doc. 00–7295 Filed 3–23–00; 8:45 am] United States Attorney, Central District The meeting will be open to the BILLING CODE 4410±15±M of California, Federal Building, Room public on a first-come, first-seated basis. 7516, 300 North Los Angeles Street, Los Any member of the public wishing to DEPARTMENT OF JUSTICE Angeles, California 90012. You may also file a written statement concerning the obtain a copy of the consent decree by FBI’s CJIS Division programs or wishing Notice of Lodging of Consent Decree mail from the Consent Decree Library, to address this session should notify the Under the Emergency Planning and P.O. Box 7611, Washington, DC 20044. Designated Federal Employee, Mr. Don Community Right-to-Know Act Your request for a copy of the consent M. Johnson, Section Chief, Programs decree should refer to United States and Development Section (304) 625–2740, at In accordance with Departmental Communities for a Better Environment least 24 hours prior to the start of the policy, 28 CFR 50.7, notice is hereby v. Sorenson Engineering, Inc., Civil session. given that a proposed consent decree in Action No. EDCV 96–444–RT (VAPx) the case of United States and (D.C. Cal.), and DOJ No. 90–11–2– The notification should contain the Communities for a Better Environment 06467, and must include a check for requestor’s name, corporate designation, v. Sorenson Engineering, Inc., Civil $4.50 (25 cents per page reproduction and consumer affiliation or government Action No. EDCV 96–444–RT (VAPx) cost) payable to the ‘‘Consent Decree designation along with a short statement (C.D. Cal.), was lodged with the United Library.’’ describing the topic to be addressed and States District Court for the Central the time needed for the presentation. A District of California on March 2, 2000. Joel Gross, requestor will ordinarily be allowed not The proposed consent decree resolves Chief, Environmental Enforcement Section, more than 15 minutes to present a topic. claims that the United States asserted Environment and Natural Resources Division. DATES AND TIMES: against Sorenson Engineering, Inc. in a [FR Doc. 00–7296 Filed 3–23–00; 8:45 am] The Advisory Policy Board will meet in open session from 9 civil complaint in intervention filed BILLING CODE 4410±15±M concurrently with the lodging of the a.m. until 5 p.m. on June 13–14, 2000. consent decree. The complaint in ADDRESSES: The meeting will take place DEPARTMENT OF JUSTICE intervention alleges that Sorenson failed at the Portland Hilton, 921 S.W. Sixth to timely submit a toxic chemical Federal Bureau of Investigation Avenue, Portland, Oregon, telephone release form for nitric acid and (503) 226–1611. phosphoric acid in each year from 1990 Meeting of the CJIS Advisory Policy through 1995, in violation of the Board FOR FURTHER INFORMATION CONTACT: requirements of section 313 of the Inquiries may be addressed to Mrs. Emergency Planning and Community AGENCY: Federal Bureau of Investigation Diane M. Shaffer, Management Analyst, Right-to-know Act, 42 U.S.C. 11023. (FBI), DOJ. Advisory Groups Management Unit, The proposed consent decree requires ACTION: Meeting notice. Programs Development Section, FBI defendant to pay a civil penalty of CJIS Division, Module C3, 1000 Custer $32,500. In addition, defendant is SUMMARY: The purpose of this notice is Hollow Road, Clarksburg, West Virginia required to undertake two supplemental to announce the meeting of the Criminal 26306–0149, telephone (304) 625–2615, environmental projects to reduce Justice Information Services (CJIS) facsimile (304) 625–5090. tetrachloroethylene (perchloroethylene) Advisory Policy Board. The CJIS Dated: March 14, 2000. emissions and to eliminate hexavalent Advisory Policy Board is responsible for chromium emissions at defendant’s reviewing policy issues, uniform crime Don M. Johnson, facility in Yucaipa, California. Finally, reports, and appropriate technical and Section Chief, Programs Development defendant is required to pay $20,000 to operational issues related to the Section, Criminal Justice Information Services Communities for a Better Environment programs administered by the FBI CJIS Division, Federal Bureau of Investigation. (CBE) in payment of CBE’s attorney’s Division and thereafter, make [FR Doc. 00–7297 Filed 3–23–00; 8:45 am] fees and costs in this action. appropriate recommendations to the FBI BILLING CODE 4410±02±M

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DEPARTMENT OF JUSTICE United States to that of lawful file their applications for adjustment of permanent resident. In order to be status under the HRIFA. Immigration and Naturalization Service eligible for benefits under the HRIFA, an Under What Authority May an Alien [INS No. 2052±00] applicant must: • Submit and the Service Consider a Be a national of Haiti who was Request for Advance Parole for the Delegation of Authority To Accept and present in the United States on Purpose of Coming to the United States Adjudicate Certain Requests for December 31, 1995; • in Order To Seek Adjustment of Status Advance Parole in Connection With the Have been physically present in the Under the HRIFA? HRIFA Adjustment Program United States for a continuous period beginning not later than December 31, Service regulations at 8 CFR AGENCY: Immigration and Naturalization 1995, and ending not earlier than the 245.15(t)(2) allow an otherwise eligible Service, Justice. date the application for adjustment is applicant who is outside the United ACTION: Notice. filed (not including any absence or States to request parole authorization to absences amounting to 180 days or less come to the United States to apply for SUMMARY: This notice advises the public in the aggregate); benefits under section 902 of the that effective April 1, 2000, the • Properly file an application for HRIFA. Immigration and Naturalization Service adjustment before April 1, 2000; (Service) is delegating to the Director of What Is the Process for Seeking an • Be admissible to the United States Advance Parole Authorization? the Nebraska Service Center the under all provisions of section 212(a) of authority to accept and adjudicate An eligible individual should file the Immigration and Nationally Act requests for advance parole Form I–131, Application for Travel (Act), 8 U.S.C. 1182(a), except those authorization filed by qualifying Haitian Document, with the USINS Nebraska provisions specifically excepted by the dependents of persons who have Service Center, P.O. Box 87245, Lincoln, HRIFA; and applied for adjustment of status under NE 68501–7245. The application must • Fall within one of the five classes the Haitian Refugee Immigration be accompanied by the filing fee for of persons described in section 902(b)(1) Fairness Act of 1998 (HRIFA). The Form I–131 specified in 8 CFR of the HRIFA. Director of the Nebraska Service Center 103.7(b)(1) (currently $95) and a The five classes described in section had previously been authorized to photocopy of the complete Form I–485, 902(b)(1) of the HRIFA are: adjudicate such requests until March 31, Application to Register Permanent (1) Haitian nationals who filed for 2000, through an interim rule published Residence or Adjust Status, which the asylum before December 31, 1995; in the Federal Register on May 12, requestor will file once he or she arrives 1999, at 64 FR 25756. The delegation of (2) Haitian nationals who were in the United States. The applicant must authority provided in this public notice paroled into the United States prior to include photocopies of all the will allow the Director of the Nebraska December 31, 1995, after having been supporting documentation listed on Service Center to continue to provide identified as having a credible fear of Forms I–485 and I–485 Supplement C, this service to the public without persecution, or paroled for emergent HRIFA Supplement to Form I–485 interruption. reasons or reasons deemed strictly in Instructions. However, the applicant the public interest; should not submit the filing fee for the DATES: This notice is effective April 1, (3) Haitian national children who Form I–485, the medical report, the 2000. arrived in the United States without fingerprint card, or the local police FOR FURTHER INFORMATION CONTACT: parents and have remained without clearances. Mary Alice Khachikian, Immigration parents in the United States since such Although advance parole requests by Officer, Parole Branch, Office of arrival; persons outside the United States are International Affairs, Immigration and (4) Haitian national children who normally filed with, and adjudicated by, Naturalization Service, 425 I Street NW, became orphaned subsequent to arrival the district director having jurisdiction Washington, DC 20536, telephone (202) in the United States; and over the overseas area (i.e., the district 307–6084. (5) Haitian children who were director in Mexico City, Mexico; Rome, SUPPLEMENTARY INFORMATION: abandoned by their parents or guardians Italy; or Bangkok, Thailand), the May prior to April 1, 1998, and have 12, 1999, interim rule which What Is the Haitian Refugee remained abandoned since such implemented the HRIFA provided, at 8 Immigration Fairness Act (HRIFA)? abandonment. CFR 245.15(t), that in most cases those On October 21, 1998, the President In addition, under section 902(d) of advance parole requests submitted in signed into law a Fiscal Year 1999 the HRIFA, the Haitian national spouse, connection with the HRIFA program Omnibus Appropriations Act, Public child (i.e., under 21 years old), or would be filed with and adjudicated by, Law 105–277 (112 Stat. 2681). Division unmarried son or daughter (i.e., 21 years the Director of the Nebraska Service A, title IX of that statute, the HRIFA, old or older) of such principal Center (NSC). The interim rule contained a provision, section 902, that adjustment applicant may apply for and authorized the Director of the NSC to allows certain nationals of Haiti to be granted adjustment of status to that accept and adjudicate such requests adjust their status to that of lawful of lawful permanent resident. Although through March 31, 2000, the deadline permanent resident. On May 12, 1999, an unmarried son or daughter is for the filing of HRIFA applications by the Department of Justice (Department) required to have been physically present principal applicants. published an interim rule in the Federal in the United States since December 31, This delegation of authority was given Register at 64 FR 25756, with respects 1995, neither the spouse or child need to the Director of the NSC for two for comments, that implemented section meet any physical presence reasons. First, with the exception of 902 of the HRIFA. requirements other than to be in the applications filed by persons who are Section 902 of the HRIFA provides United States in order to apply for currently in proceedings before the that the Attorney General shall adjust adjustment of status. Furthermore, Immigration Court, all applications for the status of certain Haitian nationals unlike principal applicants, dependents adjustment of status under the HRIFA who are physically present in the have no deadline by which they must must be filed with the NSC.

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Accordingly, any files relating to the factors on a case-by-case basis. These Charge (or, where appropriate, the case (e.g., the file of the principal other factors include, but are not limited consular officer) is not fully satisfied applicant upon which the dependent’s to, a determination as to whether the that the requestor meets all case depends) are likely to be at the requestor’s application for adjustment of requirements for parole in order to NSC. Second, due to the NSC’s larger status is likely to be approved, whether apply for adjustment of status under the staff and greater automation, it is in a the requestor has a criminal record or HRIFA, that officer will not issue the better position to handle the volume of immigration record which warrants parole authorization to the alien, but requests for parole under this program. denial of the parole request, and will instead cancel and return it to the whether there are other negative Director of the NSC. If that officer is How Is the Advance Parole Process discretionary factors which argue fully satisfied regarding these issues, he Being Changed? against approval of the parole request. or she will issue the advance parole There is no change in the process for Furthermore, with regard to a document allowing the alien to travel to requesting or being granted advance dependent child who is approaching his the United States and be paroled into parole authorization in connection with or her 21st birthday and cannot the country for 60 days. The alien must the HRIFA applications. The only demonstrate that he or she has been apply for adjustment of status within change is that the authorization for continuously physically present in the this 60-day period. Once the application accepting and adjudicating parole United States since December 31, 1995, for adjustment of status has been filed, requests is being delegated to the not counting absences totaling 180 days the alien will be allowed to remain until Director of the NSC from April 1, 2000, or less, the Service will deny the parole the application for adjustment of status until further notice. request if it is not feasible to process the has been adjudicated. request and issue the travel document in Under What Authority Is the Service sufficient time for the requestor to travel What Will Happen to Individuals Who Taking This Action? to the United States, file a HRIFA Fail To Apply for Adjustment of Status Section 212(d)(5) of the Act adjustment application and have that During the 60-Day Parole Period? authorizes the Attorney General to application completely adjudicated If the individual paroled into the parole into the United States any alien before the requestor’s 21st birthday. United States fails to apply for applying for admission to the United adjustment of status within the 60-day States ‘‘on a case-by-case basis for Why Is the Delegation of Authority Being Applied to Applicants Under the parole period, he or she will be subject urgent humanitarian reasons or to expedited removal from the United significant public benefit.’’ In HRIFA Program and Not to Applicants Under Section 202 of the Nicaraguan States under section 235(b)(1)(A)(i) of accordance with section 103 of the Act, the Act. the Attorney General has delegated Adjustment and Central American authority for administration and Relief Act (NACARA)? When Will This Delegation of Authority enforcement of the Act, including Unlike the HRIFA, section 202 of Begin and How Long Will It Be in section 212(d)(5) of the Act, to the NACARA requires all applicants, Effect? Commissioner of the Immigration and including dependents, to have filed This delegation of authority begins Naturalization Service. See 28 CFR their applications for adjustment of April 1, 2000, and will remain in effect 0.105, 8 CFR 2.1. The Commissioner status by March 31, 2000. It is, therefore, indefinitely. If the Service should may in turn redelegate her authority to not possible for anyone to be paroled decide to terminate this delegation, a any other officer or employee of the into the United States on or after April notice to that effect will be published in Service. See 28 CFR 0.108, 8 CFR 2.1, 1, 2000, for the purpose of applying for the Federal Register. 8 CFR 103.1 adjustment of status under section 202 of NACARA. Dated: March 20, 2000. What Individuals Are Included in This Doris Meissner, Advance Parole Program? How Will the Service Detect and Deter Commissioner, Immigration and In order to participate in this advance Potential Fraudulent Requests for Naturalization Service. parole program, an individual must be Parole Authorization Under This [FR Doc. 00–7410 Filed 3–22–00; 8:45 am] Program? a national of Haiti who is the dependent BILLING CODE 4410±10±M spouse or child of a Haitian who is a Before approving the request for principal applicant for adjustment of advance parole, the Director of the NSC status under the HRIFA. In addition, a will review all Service records, and DEPARTMENT OF JUSTICE Haitian national who is the dependent other records as appropriate, pertaining Parole Commission unmarried son or daughter of a Haitian to both the requestor and the principal who is a principal applicant for applicant for adjustment of status Sunshine Act Meeting adjustment of status under the HRIFA through whom the requestor’s parole may also participate in this advance request is based. The Director of the AGENCY HOLDING MEETING: Department of parole program, but only if he or she NSC will approve the parole request Justice, United States Parole was physically present in the United only after the Service has approved the Commission. principal applicant’s adjustment States on or before December 31, 1995, DATE AND TIME: 9:30 a.m., Tuesday, and has not been outside the United application and the Director of the NSC March 28, 2000. States for more than 180 days in the is satisfied that the requestor meets all PLACE: U.S. Parole Commission, 5550 aggregate since that date. criteria for parole previously discussed. Once the parole request has been Friendship Boulevard, 4th Floor, Chevy What Other Factors Will Determine approved, the documentation will be Chase, Maryland 20815. Whether the Request for Advance forwarded to the Service Officer-in- STATUS: Closed—Meeting. Parole Will Be Granted? Charge in Port-au-Prince, Haiti (or, if the MATTERS CONSIDERED: The following In accordance with the provisions of alien resides in another country, to the matter will be considered during the section 212(d)(5) of the Act previously appropriate U.S. consulate) for closed portion of the Commission’s cited, the Service will review other interview of the alien. If the Officer-in- Business Meeting:

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Appeals to the Commission involving DEPARTMENT OF LABOR CFR Parts 1 and 5. Accordingly, the approximately one case decided by the applicable decision, together with any National Commissioners pursuant to a Employment Standards Administration modifications issued, must be made a reference under 28 CFR 2.27. This case part of every contract for performance of Wage and Hour Division; Minimum was originally heard by an examiner the described work within the Wages for Federal and Federally panel wherein inmates of Federal geographic area indicated as required by Assisted Construction; General Wage an applicable Federal prevailing wage prisons have applied for parole or are Determination Decisions contesting revocation of parole or law and 29 CFR Part 5. The wage rates mandatory release. General wage determination decisions and fringe benefits, notice of which is of the Secretary of Labor are issued in published herein, and which are AGENCY CONTACT: Sam Robertson, Case accordance with applicable law and are contained in the Government Printing Operations, United States Parole based on the information obtained by Office (GPO) document entitled Commission, (301) 492–5962. the Department of Labor from its study ‘‘General Wage Determinations Issued Dated: March 21, 2000. of local wage conditions and data made Under the Davis-Bacon and Related available from other sources. They Acts,’’ shall be the minimum paid by Michael A. Stover, contractors and subcontractors to General Counsel, U.S. Parole Commission. specify the basic hourly wage rates and fringe benefits which are determined to laborers and mechanics. [FR Doc. 00–7407 Filed 3–22–00; 10:21 am] be prevailing for the described classes of Any person, organization, or BILLING CODE 4410±31±M laborers and mechanics employed on governmental agency having an interest construction projects of a similar in the rates determined as prevailing is character and in the localities specified encouraged to submit wage rate and DEPARTMENT OF JUSTICE therein. fringe benefit information for consideration by the Department. Parole Commission The determinations in these decisions of prevailing rates and fringe benefits Further information and self- explanatory forms for the purpose of Sunshine Act Meeting have been made in accordance with 29 CFR Part 1, by authority of the Secretary submitting this data may be obtained by writing to the U.S. Department of Labor, Public Announcement Pursuant to the of Labor pursuant to the provisions of Employment Standards Administration, Government in the Sunshine Act the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of (Public Law 94–409) [5 U.S.C. Section as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution 552b] 40 U.S.C. 276a) and of other Federal statutes referred to in 29 CFR Part 1, Avenue, N.W., Room S–3014, Washington, D.C. 20210. AGENCY HOLDING MEETING: Department of Appendix, as well as such additional Justice, United States Parole statutes as may from time to time be Modifications to General Wage Commission. enacted containing provisions for the Determination Decisions payment of wages determined to be The number of decisions listed in the TIME AND DATE: 10:30 a.m., Tuesday, prevailing by the Secretary of Labor in March 28, 2000. Government Printing Office document accordance with the Davis-Bacon Act. entitled ‘‘General Wage Determinations PLACE: U.S. Parole Commission, 5550 The prevailing rates and fringe benefits Issued Under the Davis—Bacon and Friendship Boulevard, 4th Floor, Chevy determined in these decisions shall, in Related Acts’’ being modified are listed Chase, Maryland 20815. accordance with the provisions of the by Volume and State. Dates of foregoing statutes, constitute the publication in the Federal Register are STATUS: Open. minimum wages payable on Federal and in parentheses following the decisions MATTERS TO BE CONSIDERED: The federally assisted construction projects being modified. following matters have been placed on to laborers and mechanics of the specified classes engaged on contract Volume I the agenda for the open Parole work of the character and in the Connecticut Commission meeting: localities described therein. CT000001 (Feb. 11, 2000) 1. Approval of minutes of previous Good cause is hereby found for not CT000003 (Feb. 11, 2000) Commission meeting. utilizing notice and public comment CT000004 (Feb. 11, 2000) Massachusetts 2. Reports from the Chairman, procedure thereon prior to the issuance MA000001 (Feb. 11, 2000) Commissioners, Legal, Chief of Staff, of these determinations as prescribed in MA000003 (Feb. 11, 2000) Case Operations, and Administrative 5 U.S.C. 553 and not providing for delay MA000005 (Feb. 11, 2000) Sections. in the effective date as prescribed in that MA000007 (Feb. 11, 2000) section, because the necessity to issue MA000012 (Feb. 11, 2000) 3. Proposed/Interim Rules for D.C. current construction industry wage MA000013 (Feb. 11, 2000) Code Offenders. determinations frequently and in large MA000017 (Feb. 11, 2000) MA000018 (Feb. 11, 2000) AGENCY CONTACT: Sam Robertson, Case volume causes procedures to be MA000019 (Feb. 11, 2000) Operations, United States Parole impractical and contrary to the public MA000020 (Feb. 11, 2000) Commission, (301) 492–5962. interest. Maine General wage determination ME000005 (Feb. 11, 2000) Dated: March 21, 2000. decisions, and modifications and ME000007 (Feb. 11, 2000) Michael A. Stover, supersedes decisions thereto, contain no ME000010 (Feb. 11, 2000) General Counsel, U.S. Parole Commission. expiration dates and are effective from ME000018 (Feb. 11, 2000) their date of notice in the Federal ME000022 (Feb. 11, 2000) [FR Doc. 00–7408 Filed 3–22–00; 10:22 am] ME000037 (Feb. 11, 2000) BILLING CODE 4410±31±M Register, or on the date written notice New Jersey is received by the agency, whichever is NJ000003 (Feb. 11, 2000) earlier. These decisions are to be used NJ000005 (Feb. 11, 2000) in accordance with the provisions of 29 New York

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NY000003 (Feb. 11, 2000) Volume V THE NATIONAL FOUNDATION ON THE NY000005 (Feb. 11, 2000) Nebraska ARTS AND THE HUMANITIES NY000007 (Feb. 11, 2000) NE000001 (Feb. 11, 2000) NY000008 (Feb. 11, 2000) NE000002 (Feb. 11, 2000) Meetings of Humanities Panel NY000009 (Feb. 11, 2000) NE000003 (Feb. 11, 2000) NY000010 (Feb. 11, 2000) AGENCY: The National Endowment for NY000012 (Feb. 11, 2000) NE000019 (Feb. 11, 2000) the Humanities. NY000013 (Feb. 11, 2000) Volume VI ACTION: Notice of meetings. NY000014 (Feb. 11, 2000) NY000015 (Feb. 11, 2000) North Dakota ND000001 (Feb. 11, 2000) SUMMARY: Pursuant to the provisions of NY000016 (Feb. 11, 2000) the Federal Advisory Committee Act NY000017 (Feb. 11, 2000) ND000003 (Feb. 11, 2000) NY000018 (Feb. 11, 2000) ND000004 (Feb. 11, 2000) (Public Law 92–463, as amended), NY000019 (Feb. 11, 2000) ND000054 (Feb. 11, 2000) notice is hereby given that the following NY000025 (Feb. 11, 2000) meetings of the Humanities Panel will Volume VII NY000026 (Feb. 11, 2000) be held at the Old Post Office, 1100 NY000031 (Feb. 11, 2000) None. Pennsylvania Avenue, NW, Washington, NY000032 (Feb. 11, 2000) DC 20506. General Wage Determination NY000033 (Feb. 11, 2000) FOR FURTHER INFORMATION CONTACT: Publication NY000036 (Feb. 11, 2000) Laura S. Nelson, Advisory Committee NY000037 (Feb. 11, 2000) Management Officer, National NY000039 (Feb. 11, 2000) General wage determinations issued NY000041 (Feb. 11, 2000) under the Davis-Bacon and related Acts, Endowment for the Humanities, NY000043 (Feb. 11, 2000) including those noted above, may be Washington, DC 20506; telephone (202) NY000044 (Feb. 11, 2000) found in the Government Printing Office 606–8322. Hearing-impaired individuals NY000045 (Feb. 11, 2000) (GPO) document entitled ‘‘General Wage are advised that information on this NY000051 (Feb. 11, 2000) Determinations Issued Under the Davis- matter may be obtained by contacting NY000055 (Feb. 11, 2000) Bacon and Related Acts.’’ This the Endowment’s TDD terminal on (202) NY000066 (Feb. 11, 2000) 606–8282. NY000078 (Feb. 11, 2000) publication is available at each of the 50 Regional Government Depository SUPPLEMENTARY INFORMATION: The Volume II Libraries and many of the 1,400 proposed meetings are for the purpose Pennsylvania Government Depository Libraries across of panel review, discussion, evaluation PA000005 (Feb. 11, 2000) the country. and recommendation on applications PA000006 (Feb. 11, 2000) for financial assistance under the PA000026 (Feb. 11, 2000) The general wage determinations National Foundation on the Arts and the issued under the Davis-Bacon and Volume III Humanities Act of 1965, as amended, related Acts are available electronically including discussion of information Georgia by subscription to the FedWorld given in confidence to the agency by the GA000022 (Feb. 11, 2000) Bulletin Board System of the National grant applicants. Because the proposed Kentucky Technical Information Service (NTIS) of KY000002 (Feb. 11, 2000) meetings will consider information that KY000004 (Feb. 11, 2000) the U.S. Department of Commerce at 1– is likely to disclose trade secrets and KY000027 (Feb. 11, 2000) 800–363–2068 commercial or financial information KY000028 (Feb. 11, 2000) Hard-copy subscriptions may be obtained from a person and privileged KY000029 (Feb. 11, 2000) purchased from: Superintendent of or confidential and/or information of a Volume IV Documents, U.S. Government Printing personal nature the disclosure of which Office, Washington, D.C. 20402, (202) would constitute a clearly unwarranted Illinois invasion of personal privacy, pursuant IL000001 (Feb. 11, 2000) 512–1800. to authority granted me by the IL000008 (Feb. 11, 2000) When ordering hard-copy IL000009 (Feb. 11, 2000) Chairman’s Delegation of Authority to IL000011 (Feb. 11, 2000) subscription(s), be sure to specify the Close Advisory Committee meetings, IL000013 (Feb. 11, 2000) State(s) of interest, since subscriptions dated July 19, 1993, I have determined Michigan may be ordered for any or all of the that these meetings will be closed to the MI000002 (Feb. 11, 2000) seven separate volumes, arranged by public pursuant to subsections (c)(4), MI000004 (Feb. 11, 2000) State. Subscriptions include an annual and (6) of section 552b of Title 5, United MI000005 (Feb. 11, 2000) edition (issued in January or February) States Code. MI000007 (Feb. 11, 2000) which includes all current general wage 1. Date: April 3, 2000. MI000047 (Feb. 11, 2000) MI000062 (Feb. 11, 2000) determinations for the States covered by Time: 9 a.m. to 5:30 p.m. MI000064 (Feb. 11, 2000) each volume. Throughout the remainder Room: 415. MI000077 (Feb. 11, 2000) of the year, regular weekly updates are Program: This meeting will review MI000081 (Feb. 11, 2000) distributed to subscribers. applications for Humanities Projects in MI000082 (Feb. 11, 2000) Media, submitted to the Division of Dated: Signed at Washington, D.C. this MI000083 (Feb. 11, 2000) 15th Day of March 2000. Public Programs at the February 1, 2000 MI000084 (Feb. 11, 2000) deadline. MI000088 (Feb. 11, 2000) Carl J. Poleskey, 2. Date: April 3, 2000. Minnesota Chief, Branch of Construction Wage Time: 9 a.m. to 5:30 p.m. MN000007 (Feb. 11, 2000) Determinations. Room: 426. Ohio [FR Doc. 00–7058 Filed 3–23–00; 8:45 am] OH000002 (Feb. 11, 2000) Program: This meeting will review OH000028 (Feb. 11, 2000) BILLING CODE 4510±27±M applications for Humanities Projects in OH000029 (Feb. 11, 2000) Museums and Historical Organizations, OH000034 (Feb. 11, 2000) submitted to the Division of Public

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Programs at the February 1, 2000 submitted to the Division of Education It is estimated that approximately 176 deadline. at the March 1, 2000 deadline. initial profiles and 129 updated profiles 3. Date: April 7, 2000. are filed with the Commission annually. Laura S. Nelson, Time: 9 a.m. to 5:30 p.m. The Commission estimates that each Advisory Committee Management Officer. Room: 415. profile contains on average 1.25 [FR Doc. 00–7298 Filed 3–23–00; 8:45 am] Program: This meeting will review portfolios, resulting in 220 portfolios applications for Humanities Projects in BILLING CODE 7536±01±M filed annually on initial profiles and 161 Media, submitted to the Division of portfolios filed annually on updated Public Programs at the February 1, 2000 profiles. The number of burden hours deadline. for preparing and filing an initial profile SECURITIES AND EXCHANGE per portfolio is 25. The number of 4. Date: April 7, 2000. COMMISSION Time: 9 a.m. to 5:30 p.m. burden hours for preparing and filing an updated profile per portfolio is 10. The Room: 426. Submission for OMB Review; Comment Request total burden hours for preparing and Program: This meeting will review filing initial and updated profiles under applications for Special Projects, Upon Written Request, Copies Available Rule 498 is 7,110, representing a submitted to the Division of Public From: Securities and Exchange decrease of 6,640 hours from the prior Programs at the February 1, 2000 Commission, Office of Filings and estimate of 13,750. The reduction in deadline. Information Services, Washington, DC burden hours is attributable to the lower 5. Date: April 10, 2000. 20549. number of profiles actually prepared Time: 9 a.m. to 5:30 p.m. and filed as compared to the previous Room: 426. Extension: Rule 498, File No. 270–435, OMB Control estimates. Program: This meeting will review No. 3235–0488; The collection of information under applications for Humanities Projects in Rule 30a–1, File No. 270–210, OMB Rule 498 is voluntary. The information Museums and Historical Organizations, Control No. 3235–0219. provided by Rule 498 is not kept submitted to the Division of Public Notice is hereby given that, pursuant confidential. Programs at the February 1, 2000 to the Paperwork Reduction Act of 1995 deadline. Rule 30a–1 Under the Investment (44 U.S.C. 3501 et seq.), the Securities Company Act of 1940, Annual Reports 6. Date: April 14, 2000. and Exchange Commission Time: 9 a.m. to 5:30 p.m. (‘‘Commission’’) has submitted to the Rule 30a–1 [17 CFR 270.30a–1] Room: 415. Office of Management and Budget requires that investment companies Program: This meeting will review requests for extension on the previously registered under the Investment applications for Humanities Projects in approved collections of information Company Act file annual and periodic Libraries and Archives, submitted to the discussed below. reports with the Commission and send Division of Public Programs at the to the Commission copies of their February 1, 2000 deadline. Rule 498 Under the Securities Act of reports to shareholders. These 7. Date: April 25, 2000. 1933, Profiles for Certain Open-End requirements are designed to ensure that Management Investment Companies Time: 9 a.m. to 5 p.m. the Commission has enough information Room: 315. Rule 498 (17 CFR 230.498) permits in its files to effectively monitor the operations of each company and to Program: This meeting will review open-end management investment provide investors with the kind of applications for Summer Seminars and companies (or a series of an investment current information that is necessary to Institutes for School Teachers, company organized as a series company, detect problems in the operations of the submitted to the Division of Education which offers one or more series of company.1 at the March 1, 2000 deadline. shares representing interests in separate There is no burden associated with 8. Date: April 26, 2000. investment portfolios) (‘‘funds’’) to provide investors with a ‘‘profile’’ that complying with Rule 30a–1. The Time: 9 a.m. to 5 p.m. respondent’s reporting burden and cost Room: 315. contains a summary of key information about a fund, including the fund’s burden under Rule 30a–1 is associated Program: This meeting will review investment objectives, strategies, risks with Form N–SAR. Those burdens and applications for Summer Seminars and and performance, and fees in a costs are discussed in the submission Institutes for College and University standardized format. The profile for Form N–SAR. Teachers, submitted to the Division of provides investors the option of buying The collection of information under Education at the March 1, 2000 fund shares based on the information in Rule 30a–1 is mandatory. The deadline. the profile or reviewing the fund’s information provided by Rule 30a–1 is 9. Date: April 27, 2000. prospectus before making an investment not kept confidential. Time: 9 a.m. to 5 p.m. decision. Investors purchasing shares The estimates of average burden hours Room: 315. based on a profile receive the fund’s are made solely for the purposes of the Program: This meeting will review prospectus prior to or with confirmation Paperwork Reduction Act and are not applications for Summer Seminars and of their investment in the fund. derived from a comprehensive or even Institutes for School Teachers, Consistent with the filing requirement representative survey or study of the submitted to the Division of Education of a fund’s prospectus, a profile must be cost of Commission rules and forms. at the March 1, 2000 deadline. filed with the Commission thirty days The Commission may not conduct or 10. Date: April 28, 2000. before first use. Such a filing allows the sponsor, and a person is not required to Time: 9 a.m. to 5 p.m. Commission to review the profile for respond to, a collection of information Room: 315. compliance with Rule 498. Compliance 1 Annual and periodic reports to the Commission Program: This meeting will review with the rule’s standardized format become part of its public files and, therefore, are applications for Summer Seminars and assists investors in evaluating and available for use by prospective investors and Institutes for School Teachers, comparing funds. shareholders.

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 15929 unless it displays a currently valid OMB Hearing requests should state the nature applicant’s Board approved the control number. of the writer’s interest, the reason for the Amended Plan, and on June 16, 1999, General comments regarding the request, and the issues contested. applicant’s shareholders approved the above information should be directed to Persons who wish to be notified of a Amended Plan. The Amended Plan will the following persons: (i) Desk Officer hearing may request notification by become effective on the date on which for the Securities and Exchange writing to the SEC’s Secretary. the SEC issues an order on the Commission, Office of Information and ADDRESSES: Secretary, SEC, 450 Fifth application (the ‘‘Approval Date’’). Regulatory Affairs, Office of Street, NW., Washington, DC 20549– 3. The Amended Plan provides that: Management and Budget, Room 10102, 0609; Applicant, 437 Madison Avenue, (i) On the Approval Date, the Eligible New Executive Office Building, 38th Floor, New York, NY 10022. Director elected at the June 16, 1999 Washington, DC 20503; and (ii) Michael FOR FURTHER INFORMATION CONTACT: annual shareholders’ meeting will be E. Bartell, Associate Executive Director, Mary T. Geffroy, Senior Counsel, at granted options to purchase 9,000 Office of Information Technology, (202) 942–0553, or Christine Y. shares of applicant’s common stock at 5 Securities and Exchange Commission, Greenlees, Branch Chief, at (202) 942– the then Current Market Value; (ii) at 450 Fifth Street, NW, Washington, DC 0564 (Division of Investment each annual shareholders’ meeting after 20549. Comments must be submitted to Management, Office of Investment the Approval Date, each Eligible OMB within 30 days of this notice. Company Regulation). Director elected or reelected at that meeting to a three-year term will be Dated: March 20, 2000. SUPPLEMENTARY INFORMATION: The granted options to purchase 9,000 following is a summary of the Margaret H. McFarland, shares of applicant’s common stock; and application. The complete application Deputy Secretary. (iii) upon the election, reelection or may be obtained for a fee at the SEC’s [FR Doc. 00–7306 Filed 3–23–00; 8:45 am] appointment of an Eligible Director to Public Reference Branch, 450 Fifth BILLING CODE 8010±01±M the Board other than at the annual Street, NW., Washington DC 20549– shareholders’ meeting, that Eligible 0102 (tel. (202) 942–8090). Director will be granted an option to SECURITIES AND EXCHANGE Applicant’s Representations purchase that number of shares of COMMISSION 1. Applicant is business development common stock determined by [Rel. No. IC±24342; 812±11800] company (‘‘BDC’’) within the meaning multiplying 9,000 by a fraction, the of section 2(a)(48) of the Act.2 numerator of which is equal to the Medallion Financial Corp.; Notice of Applicant’s primary business is the number of whole months remaining in Application origination and servicing of loans the new director’s term and the denominator of which is 36. A total of March 17, 2000. financing the purchase of taxicab medallions and related assets. Applicant 100,000 shares of applicant’s common AGENCY: Securities and Exchange stock is reserved for issuance under the Commission (‘‘SEC’’). is managed by its executive officers under the supervision of its board of Original/Amended Plan. ACTION: Notice of application for an 4. Options granted under the directors (‘‘Board’’) and has retained order under section 61(a)(3)(B) of the Amended Plan become exercisable at FMC Advisers, Inc. (the ‘‘Sub-Adviser‘‘), Investment Company Act of 1940 (the each annual shareholders’ meeting with an investment adviser registered under ‘‘Act’’). respect to that number of shares that is the Investment Advisers Act of 1940, as determined by multiplying the number its investment adviser. The Sub-Adviser SUMMARY OF APPLICATION: Applicant, of shares covered by the option by a is paid a fixed fee on a monthly basis Medallion Financial Corp., requests an fraction, the numerator of which will and receives no performance-based order approving its Amended and equal the number of whole months compensation. Restated 1996 Non-Employee Director elapsed since the most recent to have 2. Applicant requests an order under Stock Option Plan (the ‘‘Amended occurred of either: (i) The date of grant; section 61(a)(3)(B) of the Act approving Plan’’). The requested order would or (ii) the last annual shareholder’s the Amended Plan 3 for current and supersede an existing order.1 meeting, and the denominator of which future directors who are neither officers will be the number of whole months for FILING DATES: The application was filed nor employees of applicant (‘‘Eligible which the Eligible Director was elected. on October 4, 1999. Applicant has Directors’’). The Board consists of seven The exercise price of an option will be: agreed to file an amendment during the members, five of whom are Eligible (i) Not less than the Current Market notice period, the substance of which is Directors.4 On February 24, 1999, reflected in this notice. Value of applicant’s common stock; or (ii) if the stock is not quoted on the date HEARING OR NOTIFICATION OF HEARING: An 2 Section 2(a)(48) defines a BDC to be any closed- order granting the application will be end investment company the operates for the of grant, equal to the current net asset issued unless the SEC orders a hearing. purpose of making investments in securities value of the common stock as Interested persons may request a described in sections 55(a)(1) through 55(a)(3) of the determined in good faith by the Act and makes available significant managerial members of the Board not eligible to hearing by writing to the SEC’s assistance with respect to the issuers of those Secretary and serving applicant with a securities. participate in the Amended Plan. To the copy of the request, personally or by 3 The Amended Plan would replace the 1996 extent permitted by law, the option mail. Hearing requests should be Non-Employee Director Stock Option Plan (the exercise price may be paid in whole or ‘‘Original Plan’’). received by the SEC by 5:30 p.m. on in part in cash, by a note or in 4 Each Eligible Director receives $10,000 a year installments, or with shares of April 11, 2000, and should be for each year of service, $2,000 for the first Board accompanied by proof of service on the meeting held per quarter and $1,000 for any applicant, in the form of an affidavit or, additional Board meetings held in that quarter, participates, and reimbursement of related $250 for each telephonic meeting of the Board, expenses. The directors receive no other for lawyers, a certificate of service. $1,000 for the first committee meeting held per compensation for their services to applicant. quarter and for any committee meetings held on a 5 ‘‘Current Market Value’’ is defined as the closing 1 Medallion Financial Corp., Investment date when there is not also a Board meeting, $500 price as reported in the Wall Street Journal, Company Act Release Nos. 22350 (Nov. 25, 1996) for all other committee meetings and for each Northeast Edition, as quoted on the NASDAQ (notice) and 22417 (Dec. 23, 1996) (order). telephonic meeting in which the director National Market on the date of grant.

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 15930 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices applicants’ common stock or such other Applicant’s Legal Analysis options issued or issuable to the lawful consideration as the non-Eligible 1. Section 61(a)(3)(B) of the Act officers, directors and employees under Directors determine. If the option provides, in pertinent part, that a BDC the Employee Plan and the Original/ exercise price is paid: (i) By note or in may issue to its Eligible Directors Amended Plan is approximately installments, any such arrangement will options to purchase its voting securities 1,600,000 shares, or 11.4% of comply with section 62 of the Act; (ii) pursuant to an executive compensation applicant’s outstanding common stock with shares of applicant’s common plan, provided that: (i) The options as of December 31, 1999. Applicant stock, applicant will seek exemptive expire by their terms within 10 years; asserts that, given the small number of relief from section 63 of the Act, or (iii) (ii) The exercise price of the options is shares of common stock issuable upon by such other lawful consideration as not less than current market value of the the exercise of options under the the non-Eligible Directors determine, underlying securities at the date of the Amended Plan, the exercise of options applicant will seek exemptive relief issuance of the options, or if no market should not have a substantial dilutive from section 57(a)(1) of the Act. exists, the current net asset value of the effect on the net asset value of applicant’s common stock. Further, the 5. An Eligible Director holding voting securities; (iii) The proposal to options will vest in three annual exercisable options under the Amended issue the options is authorized by the installments, commencing with the first Plan who ceases to be an Eligible BDC’s shareholders, and is approved by annual shareholder’s meeting after an Director for any reason, other than order of the SEC on the basis that the Eligible Director’s election, appointment death, may exercise the rights the terms of the proposal are fair and or reelection, and only if the Eligible director had under the options on the reasonable and do not involve Director continues to serve on date the director ceased to be an Eligible overreaching of the BDC or its shareholders; (iv) The options are not applicant’s Board. Director for a period of up to three 4. Applicant submits that the terms of months following that date. No transferable except for disposition by gift, will, or intestacy; (v) No investment the Amended Plan are fair and additional options held by the director reasonable and do not involve will become exercisable after the three adviser of the BDC receives any compensation described in paragraph overreaching of applicant or its month period. Upon the death of an shareholders. Applicant states that the Eligible Director, those entitled to do so (1) of section 205 of the Investment Advisers Act of 1940, except to the Eligible Directors are actively involved under the director’s will or the laws of in the oversight of applicant’s affairs descent and distribution will have the extent permitted by clause (A) or (B) of that section; and (vi) the BDC does not and that it relies on the judgment and right, at any time within twelve months experience of its directors. Applicant after the date of death, to exercise in have a profit-sharing plan as described in section 57(n) of the Act. also states that the extensive and varied whole or in part any rights which were financial, regulatory, political, and legal available to the director at the time of 2. In addition, section 61(a)(3)(B) of the Act provides that the amount of the experience of its directors enhance the director’s death. The Amended Plan applicant’s ability to accomplish its will expire ten years from December 23, BDC’s voting securities that would result from the exercise of all investment objectives. Applicant 1996, the date on which the Original submits that the Amended Plan will Plan was approved by the SEC. Each outstanding warrants, options, and rights at the time of issuance may not provide significant incentives to the option granted under the Amended Plan Eligible Directors to remain on the will expire five years from the date of exceed 25% of the BDC’s outstanding voting securities, except that if the Board and to devote their best efforts to grant. Options will not be transferable the success of applicant’s business. except for disposition by will or amount of voting securities that would result from the exercise of all Applicant also states that the options intestacy. outstanding warrants, options, and will provide a means for the Eligible 6. Applicant’s officers and employees, rights issued to the BDC’s directors, Directors to increase their ownership including employee directors, are officers, and employees pursuant to an interests in applicant, thereby ensuring eligible to receive stock options under executive compensation plan would close identification of their interests the Medallion Financial Corp. 1996 exceed 15% of the BDC’s outstanding with the interests of applicant’s Stock Option Plan (the ‘‘Employee voting securities, then the total amount shareholders. Plan’’). Eligible Directors are not eligible of voting securities that would result For the SEC, by the Division of Investment to receive stock options under the from the exercise of all outstanding Management, under delegated authority. Employee Plan. The total number of warrants, options, and rights at the time Margaret H. McFarland, shares of common stock issuable under of issuance will not exceed 20% of the Deputy Secretary. the Original/Amended Plan and the outstanding voting securities of the [FR Doc. 00–7274 Filed 3–23–00; 8:45 am] Employee Plan is approximately BDC. BILLING CODE 8010±01±M 1,600,000 (approximately 1,500,000 3. Applicant represents that the terms shares are reserved for issuance under of the Amended Plan meet all the the Employee Plan and approximately requirements of section 61(a)(3)(B) of SMALL BUSINESS ADMINISTRATION 100,000 are reserved for the Original/ the Act. Applicant contends that the Amended Plan). The shares reserved for options that may be granted under the [Declaration of Disaster #3241] issuance under the two plans represent Amended Plan have substantially the State of Ohio 11.4% of the 14,024,433 shares of same terms as the options that are applicant’s common stock outstanding currently issuable under the Original As a result of the President’s major as of December 31, 1999. Applicant has Plan, differing only in the calculation of disaster declaration on March 7, 2000, no warrants, options or rights to the number of share issuable upon the and an amendment thereto on March 10, purchase its outstanding voting election, reelection or appointment of I find that the Counties of Adams, securities other than those granted or to an Eligible Director. In addition, Gallia, Jackson, Lawrence, Meigs, Pike, be granted to its directors, officers and applicant states that on the Approval and Scioto in the State of Ohio employees pursuant to the Original/ Date, the number of voting securities constitute a disaster area due to Amended Plan and the Employee Plan. that would result from an exercise of all damages caused by severe storms and

VerDate 202000 16:57 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM pfrm02 PsN: 24MRN1 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 15931 flooding beginning on February 18, 2000 Office, Jacksonville, Florida, Advisory DEPARTMENT OF TRANSPORTATION and continuing through March 2, 2000. Council will hold a public meeting from Applications for loans for physical 12:00 p.m. to 2 p.m., April 20, 2000, at Federal Highway Administration damage as a result of this disaster may the Crowley American Transport, Inc. be filed until the close of business on Building, First Floor Conference Room, Federal Transit Administration May 6, 2000 and for economic injury 9487 Regency Square Boulevard, until the close of business on December Jacksonville, Florida, to discuss such [FHWA Docket No. FHWA±98±4317] 7, 2000 at the address listed below or matters as may be presented by other locally announced locations: U.S. members, staff of the U. S. Small Transportation Equity Act for the 21st Small Business Administration, Disaster Business Administration, or others Century; Final Guidance for the Area 2 Office, One Baltimore Place, present. Congestion Mitigation and Air Quality Suite 300, Atlanta, GA 30308. Improvement Program; Correction In addition, applications for economic For further information, write or call Claudia D. Taylor, U. S. Small Business injury loans from small businesses AGENCIES: Federal Highway located in the contiguous counties of Administration, 7825 Baymeadows Administration (FHWA), Federal Athens, Brown, Highland, Ross, and Way, Suite 100–B, Jacksonville, Florida Transit Administration (FTA), DOT. Vinton in the State of Ohio may be filed 32256–7504, telephone (904) 443–1933. until the specified date at the above ACTION: Notice; issuance of final location. Bettie Baca, guidance; correction. Any counties contiguous to the above- Counselor to the Administrator/Public named primary counties and not listed Liaison. SUMMARY: This document contains a herein have been covered under a [FR Doc. 00–7350 Filed 3–23–00; 8:45 am] correction to the notice issuing final separate declaration for the same BILLING CODE 8025±01±P guidance on section 1110 of the occurrence. Transportation Equity Act for the 21st The interest rates are: Century (TEA–21) for the congestion For Physical Damage SMALL BUSINESS ADMINISTRATION mitigation and air quality improvement program (CMAQ) that was published on Homeowners With Credit Available Region IXÐHawaii District Advisory February 23, 2000 at 65 FR 9040. The Elsewhere: 7.625%. Council; Public Meeting Homeowners Without Credit notice published on February 23, 2000, Available Elsewhere: 3.812%. The Small Business Administration contained an incorrect docket number. Businesses With Credit Available This document corrects a typographical Region IX Hawaii District Advisory Elsewhere: 8.000%. error in the docket number. Businesses and Non-Profit Council, located in the geographical Organizations Without Credit Available area of Honolulu, Hawaii, will hold a DATES: This correction is effective on Elsewhere: 4.000%. public meeting at 10:30 a.m. on March 24, 2000. Wednesday, April 12, 2000, at the Others (Including Non-Profit FOR FURTHER INFORMATION CONTACT: Mr. Organizations) With Credit Available Business Information and Counseling S. Reid Alsop, HCC–30, Office of the Elsewhere: 6.750%. Center, 1111 Bishop Street, Suite 204, Chief Counsel, (202) 366–1371 or Mr. Training Center, Honolulu, HI 96813, to For Economic Injury Mike Savonis, HEPN–10, Office of discuss such matters as may be Environment and Planning, (202) 366– Businesses and Small Agricultural presented by members, staff of the Small Cooperatives Without Credit Available 2080. Office hours are from 8 a.m. to Business Administration, or others 4:30 p.m., e.t., Monday through Friday, Elsewhere: 4.000%. present. The number assigned to this disaster except Federal holidays. for physical damage is 324106 and for FOR FURTHER INFORMATION, WRITE OR SUPPLEMENTARY INFORMATION: economic injury the number is 9G7500. CALL: Andrew K. Poepoe, District It should be noted that this Director U.S. Small Business Need for Correction Presidential declaration supersedes the Administration 300 Ala Moana SBA disaster declaration approved on The Federal Highway Administration Boulevard, Room 2–235 Honolulu, and the Federal Transit Administration February 28, 2000 for the same Hawaii 96850–4981 (808) 541–2965 occurrence. published a notice issuing final Bettie Baca, guidance on the CMAQ program on (Catalog of Federal Domestic Assistance February 23, 2000 at 65 FR 9040. In the Program Nos. 59002 and 59008) Counselor to the Administrator/Public heading of the notice, it incorrectly Dated: March 13, 2000. Liaison. states ‘‘FHWA Docket No. FHWA–99– [FR Doc. 00–7263 Filed 3–23–00; 8:45 am] Bernard Kulik, 4317.’’ It should have stated ‘‘FHWA Associate Administrator for Disaster BILLING CODE 8025±01±P Docket No. FHWA–98–4317.’’ This Assistance. document corrects that number. [FR Doc. 00–7264 Filed 3–23–00; 8:45 am] BILLING CODE 8025±01±P In notice FR Doc., 00–4224, published on February 23, 2000 (65 FR 9040), make the following correction: On page SMALL BUSINESS ADMINISTRATION 9040, in the second column, in the heading of the document, correct the Region IV, North Florida District, docket number to read FHWA Docket Jacksonville, FL; Advisory Council No. FHWA 98–4317. Meeting; Public Meeting Authority: 23 U.S.C. 315; sec. 1110, Pub. The U. S. Small Business L. 105–178, 112 Stat. 107 (1998); 49 CFR 1.48 Administration, North Florida District and 1.51.

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Issued on: March 10, 2000. factor (RCAF) and cost index filed by available through TDD services (202) Karen E. Skelton, the Association of American Railroads. 565–1695.] Chief Counsel, Federal Highway The second quarter 2000 RCAF This action will not significantly Administration. (Unadjusted) is 1.050. The second affect either the quality of the human [FR Doc. 00–7223 Filed 3–23–00; 8:45 am] quarter 2000 RCAF (Adjusted) is 0.593. environment or energy conservation. BILLING CODE 4910±22±P The second quarter 2000 RCAF–5 is 0.577. Pursuant to 5 U.S.C. 605(b), we conclude that our action will not have DEPARTMENT OF TRANSPORTATION EFFECTIVE DATE: April 1, 2000. a significant economic impact on a FOR FURTHER INFORMATION CONTACT: H. substantial number of small entities Surface Transportation Board Jeff Warren, (202) 565–1533. TDD for within the meaning of the Regulatory [STB Ex Parte No. 290 (Sub No. 5) (2000± the hearing impaired: (202) 565–1695. Flexibility Act. 2)] SUPPLEMENTARY INFORMATION: Decided: March 20, 2000. Additional information is contained in Quarterly Rail Cost Adjustment Factor By the Board, Chairman Morgan, Vice the Board’s decision. To purchase a Chairman Burkes, and Commissioner AGENCY: Surface Transportation Board. copy of the full decision, write to, call, Clyburn. or pick up in person from: DAY TO ACTION: Approval of rail cost adjustment Vernon A. Williams, factor. DAY OFFICE SOLUTIONS, Suite 210, 1925 K Street, NW, Washington, DC Secretary. SUMMARY: The Board has approved the 20423–0001, telephone (202) 289–4357. [FR Doc. 00–7329 Filed 3–23–00; 8:45 am] second quarter 2000 rail cost adjustment [Assistance for the hearing impaired is BILLING CODE 4915±00±P

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Corrections Federal Register Vol. 65, No. 58

Friday, March 24, 2000

This section of the FEDERAL REGISTER 2000, the agency ’s name is corrected to Friday, March 10, 2000, make the contains editorial corrections of previously read as set forth above. following correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are [FR Doc. C0–6202 Filed 3–23–00; 8:45 am] On page 13069, in the third column, prepared by the Office of the Federal BILLING CODE 1505±01±D the date line is added to read as set forth Register. Agency prepared corrections are above. issued as signed documents and appear in [FR Doc. C0–5916 Filed 3–23–00; 8:45 am] the appropriate document categories SECURITIES AND EXCHANGE elsewhere in the issue. COMMISSION BILLING CODE 1505±01±D 17 CFR Part 270 SECURITIES AND EXCHANGE [Release Nos. 33±7728A, IC±23958A, IA± NUCLEAR REGULATORY COMMISSION COMMISSION 1815A; File No. S7±25±95] RIN 3235±AG27 [Release No. 35±27149] [Docket Nos. 50±295 and 50±304 Personal Investment Activities of Filings Under the Public Utility Holding Investment Company Personnel Commonwealth Edison Company Zion Company Act of 1935, as Amended, Nuclear Power Station, Units 1 and 2; Correction (``Act'') Notice of Consideration of Approval of Transfer of Facility Operating Licenses In rule document 00–5914 beginning Correction and Conforming Amendments and on page 12943 in the issue of Friday, March 10, 2000, make the following Opportunity for a Hearing In notice document 00–6077 correction: beginning on page 13349 in the issue of Correction On page 12934, in the second column, Monday, March 13, 2000, make the above the signature, ‘‘Dated: March 6, following corrections: In notice document 00–5743 200’’ should read ‘‘Dated: March 6, beginning on page 12586 in the issue of 2000’’. 1. On page 13349, in the third Thursday, March 9, 2000, make the column, the agency’s name is corrected [FR Doc. C0–5914 Filed 3–23–00; 8:45 am] to read as set forth above. following correction: BILLING CODE 1505±01±D On page 12587, in the first column, in 2. On the same page, in the same the 8th line, ‘‘April 29, 2000’’ should column, in the sixth line from the read ‘‘March 29, 2000’’. SECURITIES AND EXCHANGE bottom, ‘‘March 8, 2000’’ should read COMMISSION ‘‘March 28, 2000’’. [FR Doc. C0–5743 Filed 3–23–00; 8:45 am] [Release No. 34±42494; File No. SR± NASD± [FR Doc. C0–6077 Filed 3–23–00; 8:45 am] BILLING CODE 1505±01±D 00±06] BILLING CODE 1505±01±D Self-Regulatory Organizations; Notice SECURITIES AND EXCHANGE of Filing and Immediate Effectiveness COMMISSION of Proposed Rule Change by the National Association of Securities [Extension: Rule 17a±6; SEC File No. 270± Dealers, Inc. Relating to the Delay of 433; OMB Control No. 3235±0489] the Implementation Date of Changes to Riskless Principal Trade Reporting Request Under Review by Office of Rules Management and Budget March 3, 2000. Correction Correction In notice document 00–6202 on page In notice document 00–5916, 13799 in the issue of Tuesday March 14, beginning on page 13069, in the issue of

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Part II

Department of State Office of Protocol; Gifts to Federal Employees From Foreign Government Sources Reported to Employing Agencies in Calendar Year 1999; Notice

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DEPARTMENT OF STATE statements which, as required by law, Publication of this listing in the Federal employees filed with their Federal Register is required by Section [Public Notice 3250] employing agencies during calendar 7342(f) of Title 5, Unites States Code, as year 1999 concerning gifts received from added by Section 515(a)(1) of the Office of Protocol; Gifts to Federal foreign government sources. The Foreign Relations Authorization Act, Employees From Foreign Government compilation includes reports of both Fiscal Year 1978 (Public Law 95–105, Sources Reported to Employing tangible gifts and gifts of travel or travel August 17, 1977, 91 Stat. 865). Agencies In Calendar Year 1999 expenses of more than minimal value, Dated: March 10, 2000. The Department of State submits the as defined by statute. Bonnie Cohen, following comprehensive listing of the Under Secretary for Management.

REPORT OF TANGIBLE GIFTS

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Executive Office of The President

President ...... 40″ x 29″ gilt framed oil painting His Excellency Petru Lucinschi, Non-acceptance would cause em- of an autumn landscape that President of the Republic of barrassment to donor and U.S. depicts a shepherd and goats. Moldova. Government. RecdÐOctober 20, 1998. Est. ValueÐ$1500. Archives For- eign. President ...... Six bottles of sake. RecdÐNo- His Excellency, Keizo Obuchi, Non-acceptance would cause em- vember 20, 1998. Est. ValueÐ The Prime Minister of Japan barrassment to donor and U.S. $72. Accepted by Another Gov- and Mrs. Obuchi. Government. ernment Agency. Two bonsai trees. One is a 250- year-old Ezo Spruce, $9000. The other is an 80-year-old Tri- dent Maple, $5500. RecdÐNo- vember 20, 1998. Est. ValueÐ $14500. Accepted by Another Government Agency. President ...... 49″ tall wood chair with a black Sr. Victor Cervera Pacheco, Gov- Non-acceptance would cause em- leather seat and carved back ernor of Yucatan Mexico. barrassment to donor and U.S. splat that depicts the Mexican Government. and American flags, an eagle, a snake, and two hands, and reads ``USA and Mexico.'' RecdÐJanuary 15, 1999. Est. ValueÐ$1000. Archives For- eign. President ...... (1) Rosary with white glass beads His Holiness John Paul II ...... Non-acceptance would cause em- and silver-tone crucifix, $15. (2) barrassment to donor and U.S. Three limited edition Vatican Government. coins: bronze, silver, and 22 kt. gold. Each is 44 mm diameter and is decorated with an image of the Pope and Latin text, $1000. RecdÐJanuary 26, 1999. Est. ValueÐ$1015. Ar- chives Foreign. President ...... (1) Paperback. ``The Routes of Al- His Majesty Juan Carlos I, King of Non-acceptance would cause em- Andalus,'' by various authors, Spain. barrassment to donor and U.S. $15. (2) Three hardcover Government. books. ``The Fires of Excel- lence,'' by Miles Danby, ``The Alhambra in Detail,'' by Aurelio Cid Acedo, and ``American Ori- entalists,'' by Gerald Ackerman, $45. (3) 38″ x 30″ gilt framed and matted series of four etch- ings, two depict landscapes and two depict buildings in Spain, $600. RecdÐFebruary 3, 1999. Est. ValueÐ$660. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... 31″ x 26″ silver-tone framed and His Excellency Jacques Chirac, Non-acceptance would cause em- double matted antique map President of the French Repub- barrassment to donor and U.S. circa 1669 of the United States, lic. Government. Canada, and Greenland; sight size 24″ x 18″. RecdÐFebruary 19, 1999. Est. ValueÐ$1200. Archives Foreign. President ...... 4″ x 6″ ornate reticulated silver His Excellency Massimo D'Alema Non-acceptance would cause em- tray. RecdÐMarch 5, 1999. and Mrs. D'Alema, President of barrassment to donor and U.S. Est. ValueÐ$1400. Archives the Council of Ministers of the Government. Foreign. Italian Republic. President ...... (1) 13″ x 22″ ceramic wall hang- His Excellency Armando Calderon Non-acceptance would cause em- ing that depicts a boy peeking Sol, President of the Republic barrassment to donor and U.S. through a cactus, $185. (2) Pa- of El Salvador. Government. perback. ``Ceramica,'' by Cesar Sermeno, $5. RecdÐMarch 9, 1999. Est. ValueÐ$190. Ar- chives Foreign. (1) Bottle of Foucher white wine. (2) Bottle of Cousine-Macul ca- bernet sauvignon. (3) Bottle of Finlandia vodka. (4) Bottle of Johnnie Walker Black Label scotch. (5) Bottle of Corodniu champagne. RecdÐMarch 9, 1999. Est. ValueÐ$120. Ac- cepted by Another Government Agency. President ...... (1) 9″ bronze sculpture that de- His Excellency Alvaro Arzu Non-acceptance would cause em- picts hands reaching upward, Irigoyen, President of the Re- barrassment to donor and U.S. on a 5″ square black wooden public of Guatemala. Government. base, $500. (2) Two 11″ x 14″ x 6″ inlaid wooden boxes that contain stationery and a black pen, personalized for the Presi- dent and First lady, $800. (3) Two cases of refill stationery, $400. RecdÐMarch 10, 1999. Est. ValueÐ$1700. Archives Foreign. President ...... (1) 23″ x 16″ paper scroll hon- The Honorable Dr. Vilma R. de Non-acceptance would cause em- oring the President's visit to Castellanos, Mayor of barrassment to donor and U.S. Honduras, $25. (2) 7″ long sil- Tegucigalpa, Tegucigalpa, Hon- Government. ver key, held in a 14″ x 10″ x duras. 4″ wooden box with blue velvet lining, $400. RecdÐMarch 11, 1999. Est. ValueÐ$425. Ar- chives Foreign. President ...... 18″ x 15″ black wood framed and His Excellency Bertie Ahern, Non-acceptance would cause em- matted watercolor painting of a Prime Minister of Ireland. barrassment to donor and U.S. white domed building, a foun- Government. tain, and trees. RecdÐMarch 17, 1999. Est. ValueÐ $1200. Archives Foreign. Dublin crystal oval dish with etch- ing that reads ``Presented to Bill Clinton, President of the United States on the Occassion of St. Patrick's Day, 1999, by the Taoesich Bertie Ahern''; ap- proximately 14″ long x 16″ tall x 18″ wide. RecdÐMarch 17, 1999. Est. ValueÐ$1200. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... 20″ x 13″ mother-of-pearl and ab- Mr. Yasser Arafat, Chairman, Ex- Non-acceptance would cause em- alone oval shadow box Nativity ecutive Committee of the Pal- barrassment to donor and U.S. scene with a horseshoe-shaped estine Liberation Organization. Government. crown on top. Inside the crown is an angel and a man. RecdÐ March 23, 1999. Est. ValueÐ $750. Archives Foreign. President ...... 5″ square x 3″ tall Christian Dior His Excellency Jacques Chirac, Non-acceptance would cause em- men's burlwood jewelry box President of the French Repub- barrassment to donor and U.S. with removable top drawer lined lic. Government. with suede, and lid with small gilt handle. RecdÐApril 23, 1999. Est. ValueÐ$250. Ar- chives Foreign. President ...... (1) 6″ x 7″ bronze statute of three His Excellency Leonid Kuchma, Non-acceptance would cause em- men and one woman on a ship, President of Ukrane. barrassment to donor and U.S. on a marble base, $750. (2) 15″ Government. x 5″ diameter green vase hand- painted with purple and blue stemmed irises, $250. RecdÐ April 24, 1999. Est. ValueÐ $1000. Archives Foreign. President ...... 5″ x 2″ silver box with lid rimmed His Excellency Nursultan Non-acceptance would cause em- with 18 kt. gold border and the Nazarbayev, President of the barrassment to donor and U.S. seal of Kazakhstan engraved Republic of Kazakhstan. Government. on top. RecdÐApril 14, 1999. Est. valueÐ$2000. Archives Foreign. President ...... 8″ tall 14 kt. gold and silver tree His Excellency Eduard Non-acceptance would cause em- with green enamel leaves and Shevardnadze, President of barrassment to donor and U.S. grapes, on a 3″ x 6″ marble Georgia. Government. stand. RecdÐApril 24, 1999. Est. ValueÐ$2500. Archives Foreign. President ...... 5 liter bottle of liquor, vintage His Excellency Viktor Orban, The Non-acceptance would cause em- 1963. RecdÐMay 3, 1999. Est. Prime Minister of the Republic barrassment to donor and U.S. ValueÐ$50. Accepted by An- of Hungary and Mrs. Orban. Government. other Government Agency. President ...... Gilt framed pastel and gold wash His Excellency Keizo Obuchi, The Non-acceptance would cause em- painting of Mount Fuji at sunset Prime Minister of Japan and barrassment to donor and U.S. with a pine forest in the fore- Mrs. Obuchi. Government. ground, under glass; sight size 16″ x 20″; signed in calligraphy. RecdÐMay 3, 1999 Est. ValueÐ$2500. Archives For- eign. President ...... Three bottles of 1995 Szepsy His Excellency Arpad Goncz, The Non-acceptance would cause em- wine. RecdÐJune 8, 1999. Est. President of the Republic of barrassment to donor and U.S. ValueÐ$90. Accepted by An- Hungary and Mrs. Goncz. Government. other Government Agency. President ...... Handcrafted 32 piece lead crystal His Excellency Dr. Janez Non-acceptance would cause em- chess set. Board is 21″ square Drnovsek, Prime Minister of the barrassment to donor and U.S. with black marble base and Republic of Slovenia. Government. crystal top. Each playing piece is 2±3″ tall, one side has a white marble base, the other has a black marble base. RecdÐJune 22, 1999. Est. ValueÐ$1400. Archives For- eign. President ...... 13″ x 27″ wood carving of a bird His Excellency Ljubco Non-acceptance would cause em- and two bunches of grapes, Georgievski, The Prime Minister barrassment to donor and U.S. with a 2.5″ wooden border. of the Former Yugoslav Repub- Government. RecdÐJune 24, 1999. Est. lic of Macedonia and Mrs. ValueÐ$500. Archives Foreign. Georgievska.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... 65″ x 78″ earth-tone wool tapestry His Excellency Mohamed Hosny Non-acceptance would cause em- wall hanging reproduction that Mubarak, President of the Arab barrassment to donor and U.S. depicts a city street filled with Republic Egypt. Government. people. RecdÐJuly 1, 1999. Est. ValueÐ$2500. Archives Foreign. President ...... Leather-bound antique book with His Excellency Ehud Barak, The Non-acceptance would cause em- gilt edging. ``The Recovery of Prime Minister of Israel and barrassment to donor and U.S. Jerusalem,'' by Captain Charles Mrs. Barak. Government. Wilson and Captain Warren; original edition published 1871. RecdÐJuly 16, 1999. Est. ValueÐ$700. Archives Foreign. President ...... 8″ diameter carved gold chased His Excellency Sergei Stepashin, Non-acceptance would cause em- metal and vermeil tray with tree Chairman of the Government of barrassment to donor and U.S. matching 4″ tall pedestal cordial the Russian Federation. Government. glasses. RecdÐJuly 27, 1999. Est. ValueÐ$300. Archives Foreign. President ...... Antique leather-bound books. (1) His Majesty Mohamed VI, King of Non-acceptance would cause em- Six volume set of ``The World Morocco. barrassment to donor and U.S. Crisis,'' by Winston Churchill, Government. first edition, $2400. (2) ``His- toric, Military, and Naval Anec- dotes,'' by Edward Orme; illus- trated with hand-colored litho- graphs, first edition, $3000. (3) ``Sonnets,'' by the Italian poet Petrarch, hand-illuminated edi- tion, $5000. (4) ``Com- mentaries,'' by Caesar, edited by Clark in a large rebacked folio with maps, plans, and plates, $4000. RecdÐSep- tember 1, 1999. Est. ValueÐ $14400. Archives Foreign. 8″ x 11″ green leather portfolio embossed with the seal of Mo- rocco. RecdÐSeptember 1, 1999. Est. ValueÐ$30. Ar- chives Foreign. President ...... 59″ x 67″ sage, beige, brown, and His Excellency Sir Michael Non-acceptance would cause em- maroon colored rug titled Hardie-Boys, G.C.M.G., Gov- barrassment to donor and U.S. ``Whaka Hura''; limited edition. ernor General of New Zealand. Government. RecdÐSeptember 13, 1999. Est. ValueÐ$2824. Archives Foreign. President ...... 9″ diameter bronze incense burn- His Excellency Phan Van Khai, Non-acceptance would cause em- er with animal head ring han- Prime Minister of the Socialist barrassment to donor and U.S. dles. Bowl and legs have inlaid Republic of Vietnam. Government. lacquer, shell, and mother-of- pearl traditional motifs and fig- ures. Matching lid has open ventilation slots, inlaid folk in- struments motif, and is capped with a ``fu dog'' finial. Burner stands on a tripodial base with plaque that reads ``With the compliments from H.E. Mr. Phan Van Khai, Prime Minister, Socialist Republic of Vietnam.'' RecdÐSeptember 13, 1999. Est. ValueÐ$500. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... (1) 8″ x 17″ etched and sand The Right Honorable Jenny Ship- Non-acceptance would cause em- blasted blue crystal canoe, ley, P.C., The Prime Minister of barrassment to donor and U.S. $125. (2) Two woven pouches New Zealand and Mr. Shipley. Government. that contain a greenstone from the Ngai Tahu tribe and a Kauri tree seed, a symbolic tree in New Zealand, $30. (3) 18″ x 18″ x 10″ black wooden box with wool lining and a remov- able lid with an applied leaf de- sign, $45. RecdÐSeptember 13, 1999. Est. ValueÐ$200. Ar- chives Foreign. President ...... 24″ x 20″ gilt wood framed and The Right Honorable Jean Non-acceptance would cause em- matted impressionist style win- Chretien, P.C., M.P., Prime barrassment to donor and U.S. ter landscape oil painting titled Minister of Canada. Government. ``Vienvra le Temps,'' that de- picts a hiking man sitting under a tree next to a campfire; paint- ed and signed by Serge Brunoni; sight size 12″ x 16″. RecdÐSeptember 30, 1999. Est. ValueÐ$800. Archives Foreign. President ...... 11″ tall x 9″ long x 3″ wide solid The Honorable Lucien Bouchard, Non-acceptance would cause em- bronze sculpture of a woodland Prime Minister of the Province barrassment to donor and U.S. caribou; signed by artist of Quebec. Government. Huguette Joneas. RecdÐOcto- ber 9, 1999. Est. ValueÐ $1200. Archives Foreign. President ...... 14″ cut crystal Valaska Bela vase His Excellency Eduard Kukan, Non-acceptance would cause em- with a snowflake motif and saw- Minister of Foreign Affairs of barrassment to donor and U.S. tooth border. RecdÐOctober 9, the Slovak Republic. Government. 1999. Est. ValueÐ$550. Ar- chives Foreign. President ...... Hardcover book. ``The Mosaics of Their Majesties King Abdullah II Non-acceptance would cause em- Jordan,'' by Michele Piccirillo. and Queen Rania al Abdullah, barrassment to donor and U.S. RecdÐOctober 12, 1999. Est. Jordan. Government. ValueÐ$65. Archives Foreign. President ...... 9″ x 10″ long silver model of a His Excellency Kjell Magne Non-acceptance would cause em- single-sailed Norwegian Viking Bondevik, Prime Minister of barrassment to donor and U.S. boat, which sits on a 6″ x 7.5″ Norway. Government. wooden base with silver plaque. RecdÐOctober 15, 1999. Est. ValueÐ$700. Archives Foreign. President ...... Gilt framed shadow box that con- Her Excellency Mireya Moscoso, Non-acceptance would cause em- tains a gold-tone reproduction President of the Republic of barrassment to donor and U.S. of a Panamanian Huaca. Panama. Government. RecdÐOctober 19, 1999. Est. ValueÐ$200. Archives Foreign. President ...... 10.5″ tall x 10″ wide silver eagle His Excellency Olusegun Non-acceptance would cause em- with vermeil gold beak and tal- Obasanjo, The President of the barrassment to donor and U.S. ons, that sits on a wooden base Federal Republic of Nigeria and Government. with plaque. RecdÐOctober 28, Mrs. Obasanjo. 1999. Est. ValueÐ$2800. Ar- chives Foreign. President ...... (1) Three hardcover books. ``Nor- Their Majesties, The King and Non-acceptance would cause em- way,'' ``The Other Side of Blue,'' Queen of Norway. barrassment to donor and U.S. and ``Living in Norway,'' $60. (2) Government. 8″ x 10″ framed photograph of King Harald and Queen Sonja, $20. RecdÐNovember 1, 1999. Est. ValueÐ$80. Archives For- eign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

18″ tall bronze abstract sculpture of a man and woman standing together, titled ``Unity,'' signed by artist Kjersti, W., that sits on a 8″ x 5.5″ black marble base. RecdÐNovember 1, 1999. Est. ValueÐ$3000. Archives For- eign. President ...... 15″ x 19″ mother-of-pearl and ab- Mr. Yasser Arafat, Chairman, Non-acceptance would cause em- alone shadow box Nativity Committee of the Palestine Lib- barrassment to donor and U.S. scene. RecdÐNovember 1, eration Organization. Government. 1999. Est. ValueÐ$1000. Ar- chives Foreign. President ...... 16″ x 14″ x 8″ 18 kt. gold mantle His Royal Highness Prince Ban- Non-acceptance would cause em- clock with Arabic numerals, with dar bin Sultan, Ambassador of barrassment to donor and U.S. a sterling silver Arabian horse Saudi Arabia. Government. with traditional Bahraini dress saddle that stands on a mala- chite base. RecdÐNovember 3, 1999. Est. ValueÐ$12000. Ar- chives Foreign. President ...... (1) Hardcover book. ``Istanbul,'' The Honorable Erol Cakir, Gov- Non-acceptance would cause em- $50. (2) 12″ silver coffee pot ernor of Istanbul, The Republic barrassment to donor and U.S. that sits on a 6″ diameter base, of Turkey. Government. with inscription on base that reads ``As a memory of visiting Istanbul: Earl Cakir,'' $2500. RecdÐNovember 17, 1999. Est. ValueÐ$2550. Archives Foreign. President ...... 15″ x 9″ ornately carved gold and The Honorable Dimitris L. Non-acceptance would cause em- silver religious icon in the Avramopoulos, The Mayor of barrassment to donor and U.S. shape of an altar with a picture Athens and Mrs. Avramopoulos, Government. of the Virgin Mary of Soumela The Hellenic Republic. in the center; mounted on an 18″ x 12″ velvet-covered board. RecdÐNovember 22, 1999. Est. ValueÐ$800. Archives Foreign. President ...... (1) 14″ tall x 14″ wide x 6″ deep The Honorable Yordon Sokolov, Non-acceptance would cause em- grey/green carved marble President, National Assembly, barrassment to donor and U.S. eagle, $1000. (2) 2.5″ diameter Republic of Bulgaria. Government. silver medallion that depicts a religious man with a beard, with writing around the rim, $50. RecdÐNovember 22, 1999. Est. ValueÐ$1050. Archives Foreign. (1) Videotape. ``Panorama,'' $15. (2) Hardcover book. ``120 Years National Assembly 1879±1999,'' by the National Assembly in Sofia, $25. RecdÐNovember 22, 1999. Est. ValueÐ$40. Ar- chives Foreign.. President ...... 28″ x 23″ gilt and peach framed His Excellency Petar Stoyanov, Non-acceptance would cause em- abstract oil painting that depicts The President of the Republic barrassment to donor and U.S. a blue cup and a peach block in of Bulgaria and Mrs. Stoyanova. Government. the lower corner on a navy background; sight size 19″ x 24″. RecdÐNovember 22, 1999. Est. ValueÐ$300. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... (1) 31″ x 43″ oil painting on can- His Excellency Leonid Kuchma, Non-acceptance would cause em- vas titled ``The Well,'' in a 49.5″ President of Ukraine. barrassment to donor and U.S. x 38″ gilt frame. Piece depicts a Government. stone well in a barren land- scape of muted grey, blue, and green tones, $3500. (2) Silver medallion engraved with the image of a Ukrainian palace, $50. (3) 3″ x 1″ gold-plated sculpture in the shape of a wand and a crown, all of which sit on a green marble base, $40. (4) 8″ diameter green glass vase with blue, grey, red, and yellow circles and swirls, $250. RecdÐDecember 8, 1999. Est. ValueÐ$3840. Ar- chives Foreign. (1) Bottle of Hetman vodka (2) Bottle of Ukrainian liquor. RecdÐDecember 8, 1999. Est. ValueÐ$65. Accepted by An- other Government Agency.. President ...... (1) Three ceramic coffee can- His Majesty Sultan Haji Hassanal Non-acceptance would cause em- isters, with gold-tone clasps, Bolkiah Mu' Izzaddin barrassment to donor and U.S. $60. (2) Small navy blue nylon Waddaulah, Sultan and Yang Government. backpack, $25. (3) Green apron Di-Pertuan of Brunei with gold vertical stripes, $30. Darussalam. (4) Green pot holder with gold vertical stripes, $15. (5) Navy blue plastic tote bag with gold stars, $20. (6) Light brown ``Mil- lennium Bear'' teddy bear, $50. (7) 18″ x 27″ braided wicker basket, $60. (8) 14″ oatmeal and brown Harrods teddy bear with a maroon fleece hat and scarf, $75. (9) 10″ brass and glass coffee pot, $60. (10) Sil- ver corkscrew, $35. (11) Two 7″ silver candlesticks, $60. (12) 9″ crystal decanter with gold trim, $100. (13) Set of four crystal brandy glasses with gold trim, $200. (14) Silver gray ladle, $25. (15) 9″ silver platter, $50. (16) 8″ silver gravy boat, $40. (17) 8″ cream colored cake stand with a green and purple grape and leaf pattern, $75. RecdÐDecember 16, 1999. Est. ValueÐ$980. Archives Foreign. Assorted wine, champagne, can- dles, and food products, all from Harrods. RecdÐDecem- ber 16, 1999. Est. ValueÐ $1200. Accepted by Another Government Agency.. President ...... Set of 14 kt. gold cuff links and tie His Excellency Martti Ahtisaari, Non-acceptance would cause em- clip that bear the seal of Fin- President of Finland. barrassment to donor and U.S. land. RecdÐDecember 17, Government. 1999. Est. ValueÐ$575. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... Three 29″ diameter circular leath- His Excellency Jibril Muhammad Non-acceptance would cause em- er mats and one 11.5′ x 10′ Aminu, Ambassador of the Fed- barrassment to donor and U.S. leather floor covering. All items eral Republic of Nigeria. Government. are primarily beige with green stripes and a red and white flo- ral and heart pattern. The three round mats are embroidered to read ``Bill Clinton.'' RecdÐDe- cember 18, 1999. Est. ValueÐ $5000. Archives Foreign. President ...... 10″ x 8″ gold and silver sculpture His Excellency Nursultan Non-acceptance would cause em- with a circular flat top lined with Nazarbayev, President of the barrassment to donor and U.S. small animals and a carved ob- Republic of Kazakhstan. Government. ject in the middle, on a blue- green marble/granite base. RecdÐDecember 20, 1999. Est. ValueÐ$1000. Archives Foreign. (1) Two 18 kt. gold rings attached ...... to a pendant and cuff bracelet by two thin gold chains. All pieces are embedded with tur- quoise stones, $1800. (2) 12″ x 10″ green marble two-piece sculpture. The sphere has a metal ring that reads ``Coopera- tive Threat Reduction,'' which sits in a concave spot on the marble base, $150. (3) Set of 18 kt. gold rectangular cuff links with an intricately carved design on each, $225. RecdÐDecem- ber 20, 1999. Est. ValueÐ $2175. Archives Foreign. President ...... (1) Case of eight bottles of olive His Excellency Zine El-Abidine Non-acceptance would cause oil. (2) Two 10lb. bags of dates. Ben Ali, The President of the embarrasment to donor and RecdÐDecember 29, 1999. Republic of Tunisia and Mrs. U.S. Government. Est. ValueÐ$200. Accepted by Ben Ali. Another Government Agency. 20″diameter x 15″ tall yellow and ...... purple leather ottman storage box. Ottoman is hollow with lid. Inside the ottoman are two 14″diameter x 5″ tall purple and yellow leather trays. RecdÐDe- cember 29, 1999. Est. ValueÐ $350. Archives Foreign. President and First Lady ...... (1) Silver brooch with clusters of Their Imperial Majesties The Em- Non-acceptance would cause em- pearls in the shape of a daisy, peror and Empress of Japan. barrassment to donor and U.S. $185. (2) 2″ x 8″ x 10″ black Government. lacquer box with gold wheat desing on the lid, $250. RecdÐ June 22, 1994. Est. ValueÐ $435. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... (1) 15″ tall porcelain figure of a Mr. Joe Harrington Mayor of Lim- Non-acceptance would cause em- woman dancer with long brown erick Ireland. barrassment to donor and U.S. hair and a white hardened Government. mesh dress standing on a rock surrounded by puffins, $350. (2) 9″ x 7″ gold-tone framed poem titled ``Dance In The Wind'' $25. (3) 6″ x 4″ white and blue por- celain stand that reads ``Dance In The Wind, Limited Edition No. 1, Presented to Hillary Clin- ton by the City of Limerick, Ire- land, 5th of September 1998,'' $50. RecdÐSeptember 8, 1998. Est. ValueÐ$425. Ar- chives Foreign. President and First Lady ...... For the President: 10″ tall off- The Honorable Licenciado Xavier Non-acceptance would cause em- white carved bone that depicts Abreu Sierra, Presidente Munic- barrassment to donor and U.S. a warrior wearing a jaguar ipal de Merida, Merida, Yucatan Government. headdress; a lion's head pro- Mexico. trudes from the top of the bone; sitting on a 3″ diameter wooden base, $200. For the First Lady: 1″ x 2″ gold filigree cross pend- ant, $250. RecdÐFebruary 14, 1999. Est. ValueÐ$450. Ar- chives Foreign. President and First Lady...... For the President: Two volume His Excellency Ernesto Zedillo Non-acceptance would cause em- and antique book set. ``The His- Ponce de Leon, President of barrassment to donor and U.S. tory of the Conquest of Mexico the United Mexican States. Government. By the Spaniards,'' by Don An- tonio de Solis, $400. For the First Lady: (1) Book. ``Rebuzus de la Collection,'' by Robert Everts, $50. (2) Traditional Mexican shawl, $150. RecdÐ February 15, 1999. Est. ValueÐ$600. Archives Foreign. President and First Lady ...... For the President: 15″ x 20″ light His Excellency Flt. Lt. Jerry John Non-acceptance would cause em- yellow/brown traditional Ashanti Rawlings, (Ret.), The President barrassment to donor and U.S. stool with various shaped carv- of the Republic of Ghana and Government. ings, $500. For the First Lady: Mrs. Rawlings. (1) Three 11″ x 13″ gilt framed and matted shadow boxes con- taining multicolored cotton tradi- tional Ghanaian cloths, $375. (2) 23″ long yellow traditional Ghanaian beaded a necklace with blue, white, and red stripes, and two 1″ gold tube accents, with a matching brace- let, $100. (3) 18″ long 18 kt. gold link necklace with a 1″ pure gold nugget pendant, and a pair of matching 2″ dangling pierced earrings with .5″ pure gold nuggets at the ends, $1400. RecdÐFebruary 23, 1999. Est. ValueÐ$2375. Ar- chives Foreign. President and First Lady ...... For the President: 20″ x 13″ x 11″ His Excellency Arnoldo Aleman, Non-acceptance would cause em- wood lacquered humidor with The President of the Republic barrassment to donor and U.S. two drawers, $650. For the First of Nicaragua and Mrs. Aleman. Government. Lady: 1″ x 2″ x 14 kt. gold fili- gree leaf-shaped brooch, $300. RecdÐMarch 10, 1999. Est. ValueÐ$950. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... For the President: 23″ x 15″ black His Excellency Aleksander Non-acceptance would cause em- framed and matted pen sketch Kwasniewski, The President of barrassment to donor and U.S. of a Warsaw city square; the Republic of Poland and Government. signed by the artist Solom Mrs. Kwasniewski. Krosimy, $300. For the First Lady: 90″ x 16″ blue silk table runner with rust, pink, green, tan, and blue floral motif, gold backing, and silver fringe on both ends, $165. RecdÐApril 23, 1999. Est. ValueÐ$465. Ar- chives Foreign. President and First Lady ...... (1) Hardcover book. ``Together His Excellency Heydar Aliyev, Non-acceptance would cause em- Towards the New Century: Offi- President of the Republic of barrassment to donor and U.S. cial Visit of Heydar Aliyev to the Azerbaijan. Government. United States of America,'' $40. (2) Paperback. ``NATO and Azerbaijan,'' $10. (3) Silver and vermeil wine decanter ewer set with six cups and a platter. 13″ tall decanter has long spout and handle, with blue, white and green floral enamel motif. 3.5″ tall cups have engraved silver floral motif and sit on a gold stem. 16″ x 12″ platter has white, blue, and green floral enamel work on each scalloped end and a silver medallion in the center of the platter sur- rounded by a gold engraved background, $2500. (4) Silver and vermeil tea set with six set- tings and a black and white enamel floral motif; that in- cludes 8.5″ tall teapot with gold spout, handle, and attached lid; 3″ diameter gold saucers; 1.5″ tall x 2.5″ diameter teacups; 3.5″ long spoons; 13″ diameter platter with silver rim, gold trimmed circle of black and white enamel work at the cen- ter, $3000. RecdÐApril 24, 1999. Est. ValueÐ$5550. Ar- chives Foreign. President and First Lady ...... For the First Lady: 4″ x 7″ round The Right Honorable Jean Non-acceptance would cause em- crystal bowl with geometric and Chretien, P.C., M.P., The Prime barrassment to donor and U.S. vine motif, $350. For the Presi- Minister of Canada and Mrs. Government. dent: 30″ x 34″ brown framed Chretien. and double matted 22″ x 26″ print of a crane in red and black, titled ``Radiant Loon''; signed by the artist Kenojuak; numbered 15/50, $1000. RecdÐApril 24, 1999. Est. ValueÐ$1350. Archives For- eign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... For the First Lady: (1) 13″ x 9″ His Excellency Suleyman Demirel, Non-acceptance would cause em- round silver vessel with a floral The President of the Republic barrassment to donor and U.S. and bird relief. Vessel has a of Turkey and Mrs. Demirel. Government. hinged lid with a gold spiral leaf finial, $1200. (2) 48″ x 96″ rust, orange, blue, and tan Vakko silk scarf with a geometric and floral motif, $150. (3) Two silver frames with a rope border, a name plate of donor, and the Turkish crest, each including photographs inscribed by the donor, $600. For the President: Large hardcover book ``Istanbul Capital of Empires,'' by Ertug, $200. RecdÐApril 24, 1999. Est. ValueÐ$2150. Archives Foreign. President and First Lady ...... (1) Six place settings, including a His Excellency Islam Karimov, Non-acceptance would cause em- four piece silver flatware set President of the Republic of barrassment to donor and U.S. with a symbol that depicts an Uzbekistan. Government. eagle at the bottom of each piece, $3300. (2) 13″ brass Chillim pipe that has turquoise beads in a floral motif, $300. (3) 19″ long wooden flute with mother-of-pearl inlay floral de- sign, $175. RecdÐApril 24, 1999. Est. ValueÐ$3775. Ar- chives Foreign. President and First Lady ...... For the President: 9″ diameter His Excellency Petar Stoyanov, Non-acceptance would cause em- bronze plate with silver overlay The President of the Republic barrassment to donor and U.S. and crest in the center and an of Bulgaria and Mrs. Stoyanova. Government. etched signature, $300. For the First Lady: 3″ x 3″ silver model of a domed church, $250. RecdÐApril 24, 1999. Est. ValueÐ$550. Archives Foreign. President and First Lady ...... 43″ x 30″ gilt framed pencil sketch His Excellency Vaclav Havel, Non-acceptance would cause em- of butterflies, pink roses, or- President of the Czech Repub- barrassment to donor and U.S. chids, and seven face profiles lic. Government. with a 5″ x 3″ square cut out in the center of the piece with sketches of five additional pro- files. RecdÐApril 28, 1999. Est. ValueÐ$750. Archives Foreign. President and First Lady ...... (1) 4′ x 8′ red hand-woven wool Their Majesties King Abdullah II Non-acceptance would cause em- rug with green, black, blue, and and Queen Rania al Abdullah, barrassment to donor and U.S. yellow vertical stripes, $800. (2) Jordan. Government. 4′ x 3′ black wood framed paint- ing titled ``Spring/Winter,'' that is divided into two halves, one half has blue paint splatters and a blue horizontal stripe, other half has yellow paint splatters and a yellow horizontal stripe, $1200. (3) 72″ x 28″ rust and mustard colored silk shawl with a gold braided border and nine embroidered flowers with stems standing vertically from the base, $400. RecdÐMay 18, 1999. Est. ValueÐ$2400. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... For the First Lady: 16″ long Gil- The Honorable Pierre Muller, Non-acceptance would cause em- bert Albert black leather neck- Mayor of Geneva, Switzerland. barrassment to donor and U.S. lace with silver pendant that de- Government. picts three conch shells with a pink pearl in the center, $450. For the President: 10″ dark wood Gilbert Albert letter open- er with two silver conch shells and one small pink pearl on the end, $300. RecdÐJune 16, 1999. Est. ValueÐ$750. Ar- chives Foreign. President and First Lady ...... For the President: 9″ square His Excellency Jacques Chirac, Non-acceptance would cause em- wooden Hermes picture frame President of the French Repub- barrassment to donor and U.S. with burgundy leather hinge lic. Government. that opens to display two 4.5″ square pictures, $200. For the First Lady: 18 kt. gold Claude Lalanne floral brooch depicting a dogwood blossom, $750. RecdÐJune 17, 1999. Est. ValueÐ$950. Archives Foreign. President and First Lady ...... For the President: Silver-plated His Excellency Lionel Jospin, The Non-acceptance would cause em- Waterman ``Night and Day'' Prime Minister of the French barrassment to donor and U.S. fountain pen that has silver and Republic and Mrs. Jospin. Government. black horizontal stripes and black tips, $345. For the First Lady: 9.5″ tall x 4″ diameter co- balt blue porcelain vase with gilt fleur-de-lis accents and gilt rim, $300. RecdÐJune 17, 1999. Est. ValueÐ$645. Archives Foreign. President and First Lady ...... 10″ tall white cloisonne vase with His Excellency Kim Dae-jung, The Non-acceptance would cause em- gold trim and adorned with President of the Republic of barrassment to donor and U.S. green, blue, and pink flowers, Korea and Mrs. Kim. Government. that sits on a silver base. RecdÐJuly 3, 1999. Est. ValueÐ$300. Archives Foreign. President and First Lady ...... (1) 11″ tall black hand-woven His Excellency Andres Pastrana, Non-acceptance would cause em- handbag with a pink, yellow, The President of the Republic barrassment to donor and U.S. and green floral motif with of Colombia and Mrs. Pastrana. Government. drawstring closure and a woven shoulder strap, $50. (2) 100″ x 95″ ornate white hand-woven hammock with braided fringe and a peacock motif on the edges, $450. RecdÐSeptember 21, 1999. Est. ValueÐ$500. Ar- chives Foreign. President and First Lady ...... (1) 15″ x 22″ mother-of-pearl and Mr. Yasser Arafat, Chairman, Ex- Non-acceptance would cause em- abalone shadow box Nativity ecutive Committee of the Pal- barrassment to donor and U.S. scene that reads ``Bethlehem estine Liberation Organization. Government. 2000″ across the front, $1000. (2) 16″ 18kt. gold hourglass link necklace with hexagonal dia- mond pendant with a blue sap- phire in lower center, $5000. RecdÐSeptember 23, 1999. Est. ValueÐ$6000. Archives Foreign. President and First Lady ...... 23″ tall ceramic vase in blue, Their Majesties King Abdullah II Non-acceptance would cause em- green, white, and gold pattern and Queen Rania al Abdullah, barrassment to donor and U.S. with gold around the rim and Jordan. Government. base. RecdÐOctober 12, 1999. Est. ValueÐ$300. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

46″ x 29″ tile mosaic depicting the Church of St. Stephen on a beige background with yellow, rust, black, and brown. RecdÐ October 12, 1999. Est. ValueÐ $3500. Archives Foreign. President and First Lady ...... For the President: 53″ x 41″ gilt His Excellency Olusegun Non-acceptance would cause em- wood framed and matted dot Obasanjo, The President of the barrassment to donor and U.S. painting of the President wear- Federal Republic of Nigeria and Government. ing a black suit and a red and Mrs. Obasanjo. blue striped tie with a red and yellow background; sight size 36″ x 25″, $100. For the First Lady: Two traditional Nigerian silk outfits, each includes a mesh silk shirt and three wraps. One wrap measures 88″ x 50″, one measures 44″ x 27″, and the other measures 21″ x 74″. The first outfit is beige with gold and blue weaving, blue vertical stripes, and gold diagonal stripes with gold fringe, $360. The second outfit is silk with gold and brown weaving, pink and gold flowers, brown, gold, and red horizontal stripes and gold fringe, $310. RecdÐOcto- ber 28, 1999. Est. ValueÐ $770. Archives Foreign. President and First Lady ...... (1) Two 42″ x 91″ and 42″ x 150″ His Excellency Abdurrahman Non-acceptance would cause em- black, rust, and cream silk Wahid, The President of the barrassment to donor and U.S. sarees with an exotic print, Republic of Indonesia and Mrs. Government. $300. (2) 24″ square wood Wahid. framed 3-dimensional wood carving that depicts a female Hindu Goddess playing a sitar in a forest setting, $1000. (3) 11″ diameter orange alabaster bowl with silver banding on the outside rim that sits on a wood- en base, $600. RecdÐNovem- ber 12, 1999. Est. ValueÐ $1900. Archives Foreign. President and First Lady ...... For the First Lady: 12″ x 9″ silver His Excellency Suleyman Demirel, Non-acceptance would oval hanging mirror with silver The President of the Republic causeembarrassment to donor chain, scalloped edges and of Turkey and Mrs. Demirel. and U.S. Government. raised heart motif on the back, $700. For the President: White album of photographs com- memorating the President and First Lady's State Visit to An- kara, Turkey, $50. RecdÐNo- vember 15, 1999. Est. ValueÐ $750. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... (1) 18 kt. gold brooch with grape His All Holiness Bartholomew Non-acceptance would cause em- leaf motif that reads ``2000,'' Archbishop of Constantinople, barrassment to donor and U.S. $450. (2) Three butterfly pins, New Rome and Ecumenical Pa- Government. one large silver, one medium triarch. gold, and one small silver, $250. (3) Paperback. ``Tsitouras: Discover the Tsitouras Collection 1999,'' $15. (4) Pair of 18″ tall ornately en- graved silver candlesticks on a tripodial base with clawed feet, $8000. RecdÐNovember 17, 1999. Est. ValueÐ$8715. Ar- chives Foreign. 21″ x 15″ unframed religious paper with four gold leaf squares of Jesus at various stages in his life and Turkish writings in the background. RecdÐNovember 17, 1999. Est. ValueÐ$800. Archives Foreign. Two paperbacks. ``Conversations With Ecumenical Patriarch Bar- tholomew I,'' by Oliver Clement, and ``The Orthodox Church and the Environment,'' by Athena Schina. RecdÐNovember 17, 1999. Est. ValueÐ$35. Ar- chives Foreign. President and First Lady ...... For the President: (1) Paperback. Her Excellency Elisavet Papazoi, Non-acceptance would cause em- ``Coins and Numismatics,'' pub- Minister of Culture of the Hel- barrassment to donor and U.S. lished by the Hellenic Ministry lenic Republic. Government. of Culture and the Numismatic Museum, $25. (2) Three lami- nated pamphlets. ``Archaic Horsemen of the Acropolis,'' $5. (3) Large hardcover book about ancient artifacts, written in Greek, $75. For the First Lady: Hardcover book. ``Greek Jewellery[sic]: 6,000 Years of Tradition,'' published by The Ar- chaeological Receipts Fund, $50. RecdÐNovember 19, 1999. Est. ValueÐ$155. Ar- chives Foreign. For the President: (1) Four an- cient silver Greek coins, $200. (2) 7″ tall composition replica bust of a young boy titled ``The Head of Eros,'' on a 3″ square wooden base, $50. (3) Paper- back. ``The Monuments of the Acropolis,'' by Maria Brouskari, $20. For the First Lady: Gold- plated eight-petaled rosette brooch, $65. RecdÐNovember 19, 1999. Est. ValueÐ$335. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... For the First Lady: 8″ x 6″ silver His Excellency Constantine Non-acceptance would cause em- Hellenistic Water-Jug pitcher Simitis, The Prime Minister of barrassment to donor and U.S. with scrolled handle and spout the Hellenic Republic and Mrs. Government. that resembles a leather sac, Simitis. $1200. For the President and First Lady: (1) Hardcover book. ``The Olympic Games in An- cient Greece,'' edited by Nicolaos Yalouris, $40. (2) 24″ x 11″ x 1″ off-white ceramic re- production of an ancient relief that depicts two youths playing hockey with four onlookers, $175. RecdÐNovember 20, 1999. Est. ValueÐ$1415. Ar- chives Foreign. First Family ...... For the First Family: (1) 66″ x 65″ His Excellency Zhu Rongji, The Non-acceptance would cause em- cherry wood framed and matted Premier of the State Council of barrassment to donor and U.S. color sketch of the First Family the People's Republic of China Government. at the Great Wall of China, and Madame Lao. $4000. (2) Hardcover book. ``The Life and Works of Wang Yingchun and Yang Lizhou,'' $30. For the First Lady: Four silk shirts, one short sleeve with green and white stripes, two short sleeve with tan and white stripes, and one tan long sleeve, $160. RecdÐApril 8, 1999. Est. ValueÐ$4190. Ar- chives Foreign. First Family...... For the President: Paperback. His Excellency Keizo Obuchi, The Non-acceptance would cause em- ``The Exhibition of Hohrin Prime Minister of Japan and barrassment to donor and U.S. Fukuoji,'' $100. For the First Mrs. Obuchi. Government. Lady: (1) 12″ x 9″ black lacquer letter box with gold and pink flowers painted on lid, $600. (2) 76″ x 16″ silk shawl, half black, half white, with a silk rose and leaf on each end, $200. (3) 21″ x 18″ silver blue framed and matted Japanese poem written in charcoal, made by Mrs. Obuchi, $500. For Chelsea Clinton: 5″ x 4″ brass Mikimoto frame inlaid with lapis and two cultured pearls, $300. RecdÐ May 3, 1999. Est. ValueÐ $1700. Archives Foreign. First Family ...... (1) 25″ x 18″ framed impression His Excellency Gerhard Schroe- Non-acceptance would cause em- of 200 nails on white flat paper, der, The Chancellor of the Fed- barrassment to donor and U.S. enclosed in a 33″ x 27″ eral Republic of Germany and Government. plexiglass case; signed by artist Mrs Schroeder. Ueker, $2500. (2) Large hardcover book. ``Ueker,'' in- scribed by artist, $30. (3) Two 80″ x 30″ black cashmere Jil Sander scarves, $1000. RecdÐ June 16, 1999. Est. ValueÐ $3530. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Family ...... For the President and First Lady: The Honorable Viktorija Potocnik, Non-acceptance would cause em- Set of 12 handblown clear crys- Mayor of Ljubljana Slovenia. barrassment to donor and U.S. tal wine glasses by Oskar Government. Kogoj, each with unique colored stem design. Three 6″ tall, six 8″ tall, and three 10″ tall. Five of the glasses have a flared cone base, $600. For the Presi- dent: Hardcover book. ``Ljubljana: A Pictorial Chronicle of a Capital City,'' by Marko Habic, $40. For the First Lady: (1) Hardcover book. ``Nature Design,'' written and inscribed by Oskar Kogoj, $40. (2) Hardcover book. ``Ljubljana: City of Culture,'' by Bojana Leskovar, $20. For Chelsea Clinton: Hardcover book. RecdÐJune 21, 1999. Est. ValueÐ$740. Archives Foreign. First Family ...... For the President: (1) 14″ x 10″ His Excellency Milan Kucan, The Non-acceptance would cause em- reproduction of the first Slove- President of the Republic of barrassment to donor and U.S. nian Bible, circa 1584, with Solvenia and Mrs. Kucan. Government. brown leather cover. The Bible is stored in a 15″ x 12″ en- graved wooden box, $250. For the First Lady: 16″ x 42″ cream colored intricately woven doily table runner with scalloped edges, $100. For the President and First Lady: Two brown leather photo albums com- memorating the President and First Lady's trip to Slovenia, June 1999, $150. For Chelsea Clinton: (1) Hardcover book. ``Slovenske Krajine,'' by Dusan Ogrin; inscribed by Ana and Spela Kucan, $30. (2) Paper- back, ``Krajine/Landscapes,'' written and inscribed by Ana Kucan, $20. (3) Small silver dove pendant on a silver chain, $50. RecdÐJune 22, 1999. Est. ValueÐ$600. Archives Foreign. First Family ...... For the President: (1) Black and His Excellency Nawaz Sharif, Non-acceptance would cause em- green wool and viscose base- Prime Minister of the Islamic barrassment to donor and U.S. ball cap that reads ``Ireland,'' Republic of Pakistan. Government. $20. (2) Grey, blue, and black wool fisherman's sweater, $85. (3) Pair of 18 kt. gold Cartier cuff links in the shape of a car's head with emerald eyes and onyx nose, $1500. For the First Lady: Pair of Saks Fifth Avenue 18kt. white gold loop earrings encircled with gold and dia- monds, $4000. For Chelsea Clinton: 18kt. gold Tiffany & Co. charm bracelet with five charms depicting starfish and hearts, $1200. ReedÐJuly 5, 1999. Est. ValueÐ$6805. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Family ...... For Chelsea Clinton: (1) 16″ sliver His Excellency Bulent Ecevit, Non-acceptance would cause em- red carnelian beaded necklace Prime Minister of the Republic barrassment to donor and U.S. with eight carved seals and a of Turkey. Government. flat oval red stone pendant, $400. (2) 70″ square purple, blue, and fuchsia silk scarf with a white circular pattern, $100. (3) 7″ purple satin purse with purple fringe and metal se- quins, $30. For the First Lady: (1) 54″ x 16″ hand printed gold, orange, blue, turquoise, and black silk scarf, $60. (2) 3″ sil- ver brooch with a 1″ lapis stone and a small red coral stone, $200. (3) 16″ carved silver serving tray with handles; at- tached to tray by a ribbon are 10 embroidered napkins, $550. For the President: (1) 9″ diame- ter scalloped silver serving bowl and lid with carved silver flower finial, $450. (2) 4″ tall scalloped silver creamer with handle and matching 6″ diameter drip plate, $450. (3) 54″ x 60″ red, blue, green, gold, black, and orange handwoven Anatolian wool rug with braided fringe, $2000. (4) Two large hardcover copies of the book ``Anatolian Carpet,'' $50. (5) Leather-bound book. ``Architecture of the Ottoman Empire,'' $375. (6) Paperback. ``Turkish Handwoven Carpets,'' $50. RecdÐSeptember 28, 1999. Est. ValueÐ$4715. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Family ...... For Chelsea Clinton: Silver five His Excellency Suleyman Demirel, Non-acceptance would cause em- piece mirror/hairbrush set with The President of the Republic barrassment to donor and U.S. raised floral pattern. Set in- of Turkey and Mrs. Demirel. Government. cludes a 9.5″ handheld mirror, a 7″ comb, a 9″ oval brush with handle, a 7″ oval lint brush, and a 3″ powder box with lid, $1200. For the First Lady: Large silk-covered book. ``Silks for the Sultans,'' by Ahmet Ertug, $150. For the President: (1) Large fabric-covered book. ``In Pursuit of Excellence,'' by Ahmet Ertug, $125. (2) Set of seven commemorative Turkish coins, one 25 lira gold, and six 3,000,000 lira silver. All read ``75 C 1923±1998,'' $300. (3) Turkish State Award. Award consists of (a) White enamel and gold trimmed starburst me- dallion that hangs from a white eagle and olive branches, at- tached to a red and white striped ribbon. (b) Black leather and velvet portfolio that con- tains a certificate signed by President Demirel, $500. RecdÐNovember 15, 1999. Est. ValueÐ$2275. Archives Foreign. First Family ...... 5.5″ long antique silver floral-motif His Excellency Bulent Ecevit, Non-acceptance would cause em- handheld mirror, with six small Prime Minister of the Republic barrassment to donor and U.S. lapis stones embedded on the of Turkey. Government. front and one larger lapis stone embedded on the back, $200 (2) 16″ x 5″ x 9.5″ light green wooden box with gilt square ac- cents on the top, each square painted with moon and berry designs; lined with tan velvet, $75. RecdÐNovember 15, 1999. Est. ValueÐ$275. Ar- chives Foreign. (1) 10″ square silk handkerchief His Excellency Bulent Ecevit, Non-acceptance would cause em- trimmed with blue handstitched Prime Minister of the Republic barrassment to donor and U.S. lace, $50. (2) Handmade 10″ of Turkey. Government. long fork and spoon set made of black horn, inlaid with two stripes of bone and silver on the handles and dots on the tips, $40. (3) 67″ x 17″ handwoven white silk shawl with gold thread floral pattern and white silk fringe on each end, $175. RecdÐNovember 15, 1999. Est. ValueÐ$265. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Family ...... (1) 40″ x 40″ hand-embroidered The Honorable Kemal Non-acceptance would cause em- linen tablecloth with an embroi- Nehrozoglu, Governor of the barrassment to donor and U.S. dered floral design in each of Province Izmir. Government. the corners and a 1″ gold col- ored lace doiley trimming the edges, $175. (2) Three hardcover copies of ``Ataturk's Izmir Days,'' complied by Izmir Valiligi, $150. (3) 42″ x 70″ dark multi-colored burlap kilim with fringed ends, displaying a Turk- ish design of different abstract shapes, $450. For Chelsea Clinton: 9″ x 9″ black velvet handmade Turkish drawstring handbag with a 3″ diameter gold and silver embroidered emblem and a thin rope shoul- der strap, $50. RecdÐNovem- ber 16, 1999. Est. ValueÐ $825. Archives Foreign. First Family ...... For the First Lady: 18kt. gold ban- His Excellency Constantinos Non-acceptance would cause em- gle bracelet with a lion head on Stephanopoulos, President of barrassment to donor and U.S. each end, $1200. For Chelsea the Hellenic Republic. Government. Clinton: 7″ silver necklace with a 1″ round sodalite pendant, $225. For the President: (1) 9″ diameter x 1.5″ deep silver bowl engraved with a signature and the seal of Greece, $1000. (2) Two. 4.5″ tall hand-ham- mered silver cups with raised olive branch relieve under the rim. Each cup is 5″ in diameter and sits on a pedestal base, $3,000. RecdÐNovember 19, 1999. Est. ValueÐ$5425; Ar- chives Foreign. First Lady ...... 26″ x 26″ gilt framed and white His Excellency Dr. Julio Maria Non-acceptance would cause em- matted oil portrait of a man Sanguinetti, President of the barrassment to donor and U.S. wearing a maroon and brown Oriental Republic of Uruguay. Government. coat, by Carmelo de Arzadun. RecdÐOctober 4, 1998. Est. ValueÐ$3000. Archives For- eign. First Lady ...... (1) Two 4″ tall six-sided pots, $40. His Excellency Jacques Chirac, Non-acceptance would cause em- (2) Two 2″ tall six-sided cache President of the French Repub- barrassment to donor and U.S. pots, $20. (3) 5″ tall x 10″ di- lic. Government. ameter red metal bowl with gold trim, $20. (4) 8″ tall x 13″ di- ameter wooden box covered with blue and multicolored cot- ton fabric, $10. RecdÐFebruary 19, 1999. Est. ValueÐ$90. Ar- chives Foreign. First Lady ...... 73″ x 18″ grey silk and rayon His Excellency Bertie Ahern, Non-acceptance would cause em- scarf with a striped and floral Prime Minister of Ireland. barrassment to donor and U.S. pattern. RecdÐMarch 17, 1999. Government. Est. ValueÐ$245. Archives Foreign. First Lady ...... 2″ x 3″ 18 kt. gold florentine scar- General Selmy Selim, President Non-acceptance would cause em- ab pendant with blue inlay ac- of Supreme Council, Egypt. barrassment to donor and U.S. cents. RecdÐMarch 24, 1999. Government. Est. ValueÐ$1200. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

25″ tall cream Egyptian alabaster vase inlaid with turquoise, lapis, and limestone banding. RecdÐ March 24, 1999. Est. ValueÐ $1200. Archives Foreign. First Lady ...... 39″ diameter mosaic that depicts The Honorable Muhammid El Non-acceptance would cause em- a man wearing a fruit and leaf Hashim Guedria, Governor of barrassment to donor and U.S. crown, with a 7″ wide border Mahidia, The Republic of Tuni- Government. that depicts fruit and leaves. sia. RecdÐMarch 26, 1999. Est. ValueÐ$2500. Archives For- eign. First Lady ...... 26″ coral graduated bead neck- Mrs. Leila Ben Ali, Office of the Non-acceptance would cause em- lace with a 7″ matching bracelet President of the Republic of Tu- barrassment to donor and U.S. and 2″ tear-drop clip-on nisia. Government. earrings. RecdÐMarch 31, 1999. Est. ValueÐ$1500. Ar- chives Foreign. First Lady ...... 48″ square red and white silk Her- His Excellency Jacques Chirac, Non-acceptance would cause em- mes scarf, permanently creased President of the French Repub- barrassment to donor and U.S. accordion style. RecdÐApril 23, lic. Government. 1999. Est. ValueÐ$175. Ar- chives Foreign. First Lady ...... 25″ x 32″ gilt floral framed and His Excellency Eduard Non-acceptance would cause em- matted cotton pastel drawing Shevardnadze, President of barrassment to donor and U.S. that is predominantly pink, Georgia. Government. white, blue, yellow, and black and depicts a woman walking away from a man; titled ``Street Scene in Rome'', by Zurab NizRaradze. RecdÐApril 24, 1999. Est. ValueÐ$400. Ar- chives Foreign. First Lady ...... 12″ x 8″ white Herend porcelain His Excellency Viktor Orban, The Non-acceptance would cause em- serving bowl bordered in mint Prime Minister of the Republic barrassment to donor and U.S. green and gold with yellow and of Hungary and Mrs. Orban. Government. green flowers and butterfly motif. RecdÐMay 3, 1999. Est. ValueÐ$450. Archives Foreign. First Lady ...... (1) 80″ x 20″ orange silk shawl His Excellency Abdul Kareem Non-acceptance would cause em- with red and gold embroidered Kabariti, The Chief of the Royal barrassment to donor and U.S. paisley design and orange Court and Mrs. Kabariti, Government. tassles on both ends, $400, (2) Amman, Jordan. 54″ long purple silk dress with purple and gold embroidered flowers and multicolored appli- que on the sleeves, neck, and sides, $600. RecdÐMay 18, 1999. Est. ValueÐ$1000. Ar- chives Foreign. First Lady ...... (1) 12″ x 7″ white Herend por- His Excellency Arpad Goncz, The Non-acceptance would cause em- celain urn with gilt trim, pink President of the Republic of barrassment to donor and U.S. and green flowers and butterfly Hungary and Mrs. Goncz. Government. motif, and matching lid with yel- low rose finial, $1400. (2) 22″ x 11″ green velour table runner with gold trim and a 5″ diameter needle-pointed rose in the cen- ter, $100. RecdÐJune 8, 1999. Est. ValueÐ$1500. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady ...... (1) 26″ x 9″ x 9″ carved red Mrs. Marguerite Kerekou, First Non-acceptance would cause em- wooden statue depicting a Lady of Benin. barrassment to donor and U.S. woman carrying a baby in her Government. arms and a bowl of fruit on her head, $475. (2) 20″ silver bead- ed necklace with amber stones, $40. (3) 25″ necklace with rust color seed beads, $65. (3) 9″ ir- regularly shaped box covered in pink leather, $10. (4) 6′ square cotton/linen blend blanket with white stitching, $75. RecdÐ June 11, 1999. Est. ValueÐ $665. Archives Foreign. First Lady ...... 34″ tall silver-plated samovar with Maitre Mohamed Debbagh, Presi- Non-acceptance would cause em- black wood finial lid, two wood dent of the Municipal Council barrassment to donor and U.S. side handles, and floral relief. Fez, Morocco. Government. RecdÐJune 23, 1999. Est. ValueÐ$1300. Archives For- eign. First Lady ...... (1) 30″ ornate gold and silver The Honorable Leoluca Orlando, Non-acceptance would cause em- vermeil belt with an ornate Mayor of Palermo, Italy. barrassment to donor and U.S. buckle depicting St. George Government. and the Dragon, $1200. (2) 10″ tall silver pitcher with large spout, pedestal base, and curled handle, $1200. RecdÐ June 23, 1999. Est. ValueÐ $2400. Archives Foreign. First Lady ...... 2″ silver brooch with an oval His Excellency Ljubco Non-acceptance would cause em- mother-of-pearl center. RecdÐ Georgievski, The Prime Minister barrassment to donor and U.S. June 24, 1999. Est. ValueÐ of the Former Yugoslav Repub- Government. $135. Archives Foreign. lic of Macedonia and Mrs. Georgievska. First Lady ...... Two 14″ x 12″ 18 kt. gold and His Majesty Mohamed VI, King of Non-acceptance would cause em- platinum picture frames with fili- Morocco. barrassment to donor and U.S. gree motif and set with ame- Government. thyst, topaz, garnet, jade, and acquamarine stones. Each hold an 8″ x 10″ photograph. One photograph is of the First Lady and the former King of Mo- rocco. The other is of the former King of Morocco, the First Lady, and Chelsea Clinton walking. Both are inscribed by the former King. RecdÐSep- tember 7, 1999. Est. ValueÐ $15000. Archives Foreign. First Lady ...... 21″ Benin gilt bronze head of a Mrs. Stella Obasanjo, First Lady Non-acceptance would cause em- woman with rings around her of the Federal Republic of Nige- barrassment to donor and U.S. neck, on a 4″ green stand. ria. Government. RecdÐSeptember 16, 1999. Est. ValueÐ$1000. Archives Foreign. First Lady ...... (1) 19.5″ silver square link neck- His Excellency Bronislaw Non-acceptance would cause em- lace with yellow amber stones. Geremek, Minister of Foreign barrassment to donor and U.S. (2) 3¤4″ silver square shaped Affairs of the Republic of Po- Government. earrings with yellow amber land. stones. (3) 8″ silver square link bracelet with yellow amber stones. RecdÐOctober 6, 1999. Est. ValueÐ$350. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady ...... (1) 5″ bronze statue of a man on His Excellency Aleksander Non-acceptance would cause em- a 1.5″ black marble stand, by Kwasniewski, President of the barrassment to donor and U.S. Zofia Wolslka, $3000. (2) Silver Republic of Poland. Government. medallion depicting the profile of Fryderyk Chopin and his sig- nature, $35. (3) Compact disc. ``Chopin Year 1999,'' $15. (4) Hardcover book. ``Spotkania z Chopinem,'' by Edward Hartwig, $45. RecdÐOctober 6, 1999. Est. ValueÐ$3095. Archives Foreign. First Lady ...... (1) Hardcover book. ``Slovensko v His Excellency Rudolf Schuster, Non-acceptance would cause em- Obrazoch,'' by Remedium, $50. The President of the Slovak barrassment to donor and U.S. (2) Hardcover book. ``Slovakia,'' Republic and Mrs. Schusterova. Government. compiled by Eugen Lazistan, $25. (3) Silver medallion that depicts a castle and reads ``Prezidentsky Palac v Bratislve,'' $35. (4) 3″ antique pottery oil lamp, $75. (5) 4″ an- tique pottery jug, $100. (6) 3″ antique pottery oil lamp, $75. Items 4±6 are contained on an 11″ x 6″ wooden stand with a gold-tone plaque that reads ``Roman Period 63 B.C.E. 330 C.E'' with a plastic lid. (7) 24″ x 24″ handwoven cream colored fiber wall hanging with floral de- sign in a gold-tone wooden loom, $150. (8) 27″ x 20″ brightly colored oil painting on canvas that depicts a farm scene with people working, $350. (9) Blue glass tea set with hand-painted pink, yellow, and blue flowers and 24 kt. gold accents. Set includes a teapot, cream pitcher, sugar dish, six teacups, and six sau- cers, $600. RecdÐOctober 6, 1999. Est. ValueÐ$1460. Ar- chives Foreign. First Lady ...... 4″ blue, gold, white, orange, and His Excellency Olafur Ragnar Non-acceptance would cause em- yellow kelandic glass figure on Grimsson, President of the Re- barrassment to donor and U.S. a 3″ clear glass stand that public of Iceland. Government. reads ``Forseti Islands.'' RecdÐ October 8, 1999. Est. ValueÐ $300. Archives Foreign. First Lady ...... 10″ cut crystal table Valaska Bela His Excellency Eduard Kukan, Non-acceptance would cause em- basket with a snowflake motif. Minister of Foreign Affairs of barrassment to donor and U.S. RecdÐOctober 9, 1999. Est. the Slovak Republic. Government. ValueÐ$300. Archives Foreign. First Lady ...... Black onyx bead necklace with a Her Excellency Mireya Moscoso, Non-acceptance would cause em- pendant of four 14 kt. gold President of the Republic of barrassment to donor and U.S. frogs and a pair of matching Panama. Government. earrings. RecdÐOctober 19, 1999. Est. ValueÐ$1200. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady ...... Two ornate brass lamps, 58″ in His Majesty Mohamed VI, King of Non-acceptance would cause em- height and 27″ in diameter. Morocco. barrassment to donor and U.S. Lamps have rectangular glass Government. panels with hinge doors that open and have eight sockets in- side, on a brass stand. Lamps are an arabesque, traditional Middle Eastern pattern. RecdÐ October 26, 1999. Est. ValueÐ $6000. Archives Foreign. First Lady ...... (1) 18 kt. white gold and diamond Their Majesties King Abdullah II Non-acceptance would cause em- 16″ necklace with center pend- and Queen Rania al Abdullah, barrassment to donor and U.S. ant of seven diamonds, $8500. Jordan. Government. (2) Pair of open-work 18 kt. white gold and diamond clip-on earrings, $1200. RecdÐNo- vember 17, 1999. Est. ValueÐ $9700. Archives Foreign. (1) 13″ x 13″ x 2″ beige ceramic dish with four trees etched in the center in a darker beige tone, $150. (2) 16″ x 12″ red leather book of photographs commemorating the First Lady's visit to Jordan, $225. (3) 76″ x 48″ cream colored woven rug with three brown, green, and gold trees and cream colored fringe at each end, $675. RecdÐNovember 17, 1999. Est. ValueÐ$1050. Archives Foreign. First Lady ...... 80″ x 36″ blue, red, green, black, The Honorable Ertugrul Non-acceptance would cause em- and white patterned handwoven Dokuzoglu, Governor of the barrassment to donor and U.S. Turkish rug with cream colored Province of Antalya, Turkey. Government. fringe. RecdÐNovember 18, 1999. Est. ValueÐ$600. Ar- chives Foreign. 40″ x 17″ cream colored silk table runner with blue, pink, gold, and green floral embroidery on the ends and silver sequins along the edges. RecdÐNo- vember 18, 1999. Est. ValueÐ $75. Archives Foreign. First Lady ...... 10′′ white, blue, and gold-tone The Honorable Bekir Kumbul, Non-acceptance would cause em- porcelain urn with silver over- Mayor of Antalya, Turkey. barrassment to donor and U.S. lay, hearts, and jewelled insets. Government. RecdÐNovember 18, 1999. Est. ValueÐ$850. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady ...... Six Coroc Studio purses. (1) 7″ x His Excellency Abdelsam Jaidi, Non-acceptance would cause em- 13″ purple alligator pattern vel- Consul General of the Kingdom barrassment to donor and U.S. vet handbag with two purple of Morocco. Government. leather handles, $125. (2) 10″ x 12″ black leather shoulder bag with three divided compart- ments and two shoulder straps, $300. (3) 8″ x 14″ metallic grey leather purse with two shoulder straps and snap closure, $225. (4) 11″ x 12″ metallic blue handbag with two clear plastic handles, $250. (5) 12″ x 14″ soft brown alligator pattern leather drawstring shoulder bag, with one strap and silver accents, $200. (6) 6″ x 10″ red alligator pattern velvet handbag, with a front spin clasp and matching adjustable strap, $150. RecdÐNovember 24, 1999. Est. ValueÐ$1250. Ar- chives Foreign. First Lady and Chelsea ...... For the First Lady: (1) Paperback. Mrs. Suzanne Mubarak, Ittihadiya Non-acceptance would cause em- ``Silent Images: Women in Palace, Egypt. barrassment to donor and U.S. Pharaonic Egypt,'' by Zahi Government. Hawass, $10. (2) 49″ x 39″ multicolored wool rug that de- picts an Egyptian market with four men trading pottery, $350. For Chelsea Clinton: 2″ x .5″ silver brooch that depicts a pueblo style house and wheel, set with turquoise and ame- thyst, $150. RecdÐMarch 23, 1999. Est. ValueÐ$510. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady and Chelsea...... For the First Lady: Set of blue Her Excellency Faiza Kefi, Min- Non-acceptance would cause em- glass containers with silver fili- ister of Environment and Land barrassment to donor and U.S. gree accents. (1) 5″ x 8″ round Development of the Republic of Government. chalice with silver filigree base, Tunisia. $100. (2) 8″ round container with silver filigree top, $100. (3) 13″ x 7″ vase with silver filigree top, $150. (4) 13″ x 4″ oil lamp with silver filigree, $125. (5) 13″ x 3″ decorative oil lamp with sil- ver filigree handle, $125. (6) 3″ x 2″ amphora-shaped black, blue, and yellow glass vessel, $25. (7) 5″ x 4″ silver plaque that reads ``Presented to Mrs. Hillary Clinton By The Town Hall of Ariana Tunisia,'' $75. (8) Black carved rose on a silver stem with silver leaves, $150. (9) 22″ x 60″ orange scarf with foil stitching, $50. For Chelsea Clinton: Set of blue glass items with silver filigree accents. (1) 7″ x 2″ pair of slippers with sil- ver fish motif on the toe, heal, and strap, $200. (2) Four blue and black painted pottery beads, each smaller than an inch, $40. (3) 4″ x 5″ silver plaque that reads ``Presented to Ms. Chelsea Clinton By The Town Hall of Ariana Tunisia,'' $75. (4) 5″ x 3″ cylinder con- tainer with silver top, $100. RecdÐMarch 25, 1999. Est. ValueÐ$1315. Archives For- eign. First Lady and Chelsea ...... For the First Lady: Two black ce- His Excellency Zine El-Abidine Non-acceptance would cause em- ramic bottles with swirl wirework Ben Ali, The President of the barrassment to donor and U.S. motif silver finials, and silver Republic of Tunisia and Mrs. Government. pedestal base. One is wide and Ben Ali. 9″ tall, the other is thin and 17″ tall, $800. For Chelsea Clinton: 13″ x 9″ silver filigree two-sided oval dressing mirror on two col- umn supports with covered jar on base, mounted on four feet, $650. RecdÐMarch 28, 1999. Est. ValueÐ$1450. Archives Foreign. First Lady and Chelsea ...... For the First Lady: (1) 12″ x 6″ x The Honorable Moulay Mustapha Non-acceptance would cause em- 5″ wood lockable jewelry box Ait Mauma, Governor of barrassment to donor and U.S. with raised hinged lid, $200. (2) Errachidia, Morocco. Government. 26″ irregular amber bead neck- lace. Salmon colored stone beads on metal loops separate some beads, $100. For Chel- sea Clinton: (1) 10″ x 6″ x 4″ wooden jewelry box, $100. (2) 28″ link necklace of round me- dallions connected by silver rings with red and blue bead accents, $100. RecdÐMarch 31, 1999. Est. ValueÐ$500. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady and Chelsea...... (1) Gold-tone leather purse with His Majesty Hassan II, King of Non-acceptance would cause em- two strap handles, $200. (2) Morocco. barrassment to donor and U.S. Dark green silk caftan with Government. green embroidery on the sleeves and collar, $300. (3) Black velvet caftan with gold- tone braiding at collar and shoulders, $300. (4) Two velvet capes, one blue/grey and one light blue, each with a hood lined with a gold-tone braid trim and tassels, $600. (5) Blue, green, yellow, and gold-tone silk caftan with gold-tone, blue, and green brocade down the center and matching sheer silk liner, $400. (6) Red and gold- tone polka-dot silk caftan with gold-tone and red brocade braid down the center and matching sheer silk liner, $350. (7) Two gold-tone brocade belts, $150. RecdÐApril 1, 1999. Est. ValueÐ$2300. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

(1) Three layered green organza and silk caftans with gold-tone embroidery, $350. (2) Silver- tone leather purse, $150. (3) 18 kt. gold overlay, silver, and green enamel horn-shaped evening purse with gold chain. Lid is set with 64 diamonds, and below the lid are seven garnets. Inside lid is a mirror surrounded by four more gar- nets, $20000. (4) Two 60″ x 60″ velvet blankets. One is red with gold-tone and red fringe. The other is blue with blue and gold-tone fringe tassels, and braid, $500. (5) Maroon velvet hooded cape with a gold-tone braid trim and tassels, $300. (6) Blue silk polka-dot caftan with blue, black, and gold-tone cen- ter brocade braid, $500. (7) Green and white floral silk caf- tan with green white, and gold- tone center brocade, $500. (8) Grey, silver-tone, and black dia- mond patterned silk caftan with gold-tone and silver-tone center brocade, $350. (9) Green sheer silk with a gold-tone, purple, white, and yellow floral design, with white, green and gold-tone braid accents, $350. (10) Sky blue silk satin caftan with white floral motif with blue, white and gold-tone center brocade, $350. Items 6±10 each have matching silk liners. (11) Blue and silver- tone silk caftan with silver-tone sequins and a blue, grey and gold-tone center brocade, $300. (12) Blue, white, and black silk caftan with silver-tone bars and blue, grey, and gold-tone bro- cade accents, $350. (13) Two brown leather suitcases, $700. (14) Four gold-tone brocade belts, $300. RecdÐApril 1, 1999. Est. ValueÐ$25000. Ar- chives Foreign. First Lady and Chelsea ...... (1) Large fabric-covered book. His Excellency Abderrahmane Non-acceptance would cause em- ``The Splendour of Islamic Cal- Youssoufi, Prime Minister of barrassment to donor and U.S. ligraphy,'' by Abdelkebir Khatibi, Morocco. Government. $60. (2) Large hardcover book. ``The Hassan II Mosque,'' Mo- hammed-Allal Sinaceur, $60. (3) 11″ x 4″ x 7″ burlwood jew- elry box with locking lid and two sectional interior, $250. (4) 6″ tall x 4.5″ diameter amber ves- sel with pointed lid. Both parts are decorated with silver accent overlays, $300. RecdÐApril 1, 1999. Est. ValueÐ$670. Ar- chives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady and Chelsea ...... For the First Lady: Gold brooch in His Excellency Ehud Barak, The Non-acceptance would cause em- the shape of four tulips, $250. Prime Minister of Israel and barrassment to donor and U.S. For Chelsea Clinton: 4″ swan- Mrs. Barak. Government. like turquoise stone paper- weight that is also a letter opener, $50. RecdÐJuly 16, 1999. Est. ValueÐ$300. Ar- chives Foreign. First Lady and Chelsea ...... For Chelsea Clinton: 15.5″ blue Mrs. Nava Barak, Israel ...... Non-acceptance would cause em- topaz beaded necklace with a barrassment to donor and U.S. 22kt. gold double floral clasp, Government. $450. For the First Lady: (1) 16″ cut carnelian beaded triple strand necklace with a 22kt. gold clasp, $450. (2) .5″ 22 kt. gold and cabochon carnelian circular earrings, $300. RecdÐ November 9, 1999. Est. ValueÐ$1200. Archives For- eign. First Lady and Chelsea ...... For Chelsea Clinton: Steel Sector Their Majesties King Abdullah II Non-acceptance would cause em- watch with a black face and a and Queen Rania al Abdullah, barrassment to donor and U.S. gold-tone crown on the face, Jordan. Government. $150. For the First Lady: 7″ sil- ver and gold camel with a silver and gold military figure riding the camel that sits on a 1.5″ marble stand, $4500. RecdÐ November 17, 1999. Est. ValueÐ$4650. Archives For- eign. First Lady and Chelsea ...... For the First Lady: (1) 2″ 18 kt. The Honorable Istemihan Talay, Non-acceptance would cause em- gold brooch in the shape of a The Minister of Culture, Repub- barrassment to donor and U.S. half man, half bird, $400. (2) lic of Turkey and Mrs. Talay. Government. 34″ x 34″ blue, white, yellow, and red Vakko silk scarf with a floral and striped pattern, $65. For Chelsea Clinton: (1) 16″ sil- ver link necklace with a flower pendant, $175. (2) 25″ x 25″ blue, green, yellow, and white Vakko silk scarf with an astro- logical sign pattern, $50. RecdÐNovember 18, 1999. Est. ValueÐ$690. Archives Foreign. President and Chelsea ...... For the President (1) Black cot- The Right Honorable Jenny Ship- Non-acceptance would cause em- ton/poly rugby jersey that reads ley, P.C., The Prime Minister of barrassment to donor and U.S. ``New Zealand All Blacks,'' $50. New Zealand and Mr. Shipley. Government. (2) 18″ tapered black and char- treuse art-glass vase, $140. For Chelsea Clinton: (1) Four com- pact discs. ``Te Papa Suite'' performed and recorded by Gareth Farr and the New Zea- land Symphony Orchestra, ``Stellar,'' by Tom Bailey and Stellar, ``The Best of Crowded House,'' by Crowded House, and ``The Mutton Birds,'' by the Mutton Birds, $60. (2) Small black cotton/poly rugby jersey that reads ``New Zealand all Blacks,'' $50. RecdÐSep- tember 13, 1999. Est. ValueÐ $300. Archives Foreign.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Chelsea ...... Black brushed fabric cape with Mrs. Leila Ben Ali, Office of the Non-acceptance would cause em- hood that has silver embroi- President of the Republic of Tu- barrassment to donor and U.S. dery. RecdÐMarch 27, 1999. nisia. Government. Est. ValueÐ$300. Archives Foreign. Chelsea ...... 7″ long x .5″ wide yellow and Their Majesties King Abdullah II Non-acceptance would cause em- white gold and diamond brace- and Queen Rania al Abdullah, barrassment to donor and U.S. let. RecdÐNovember 17, 1999. Jordan. Government. Est. ValueÐ$2500. Archives Foreign. Chelsea ...... (1) Gold-tone scarf ring in the The Honorable Bekir Kumbul, Non-acceptance would cause em- shape of a flower with a pearl in Mayor of Antalya, Turkey. barrassment to donor and U.S. the center, $10. (2) 60″ x 23″ Government. orange, yellow, red, blue, and tan Vakko silk scarf with Arabic motif, $90. RecdÐNovember 18, 1999. Est. ValueÐ$100. Ar- chives Foreign. Carlos E. Pascual, Director, NSC Three gold coins: 200 som, 20 His Excellency Abdulazziz Non-acceptance would cause em- Russia/Ukraine/Eurasian Affairs. som, and 1 som in a green vel- Kamilov, Minister of Foreign Af- barrassment to donor and U.S. vet box. RecdÐMarch 17, fairs of the Republic of Government. 1999. Est. ValueÐ$1000. Gen- Uzbekistan. eral Services Administration. Samuel Berger, Assistant to the 6″ diameter silver dish with gold His Excellency George Non-acceptance would cause em- President for National Security plated medallion in the center. Papandreou, Minister of For- barrassment to donor and U.S. Affairs. RecdÐMay 27, 1999. Est. eign Affairs of the Hellenic Re- Government. ValueÐ$350. General Services public. Administration. Samuel Berger, Assistant to the Silver crossed filigree desk set His Excellency Yusuf bin Alawi Non-acceptance would cause em- President for National Security that includes a sword letter Bin Abdullah, The Minister Re- barrassment to donor and U.S. Affairs. opener, a dagger and a small sponsible for Foreign Affairs of Government. brass camel, on an oval wood the Sultanate of Oman. base. RecdÐJune 15, 1999. Est. ValueÐ$500. General Services Administration. Samuel Berger, Assistant to the 8″ x 8″ silver compote with The Honorable A. Non-acceptance would cause em- President for National Security vermeil lining and six dolphin Tsohatzopoulos, Minister of Na- barrassment to donor and U.S. Affairs. fish on the scalloped rim and tional Defense, Hellenic Repub- Government. three on the pedestal base. lic. RecdÐSeptember 23, 1999. Est. ValueÐ$950. General Services Administration. Samuel Berger, Assistant to the (1) Three 29″ diameter leather The Honorable Aliyu Non-acceptance would cause em- President for National Security embroidered pillow covers, Mohammadd, Nigerian National barrassment to donor and U.S. Affairs. $300 each. (2) 100″ diameter Security Advisor. Government. leather embroidered rug to match the pillow covers, $2100. RecdÐOctober 26, 1999. Est. ValueÐ$3000. General Serv- ices Administration. Sean P. Maloney, Assistant to the 6″ round silver dish with gold plat- His Excellency Constantinos Non-acceptance would cause em- President and Staff Secretary. ed sterling medallion. RecdÐ Stephanopoulos, President of barrassment to donor and U.S. December 1, 1999. Est. the Hellenic Republic. Government. ValueÐ$350. General Services Administration. James. B. Steinberg, Deputy As- 6″ round silver dish with gold plat- His Excellency Constantinos Non-acceptance would cause em- sistant to the President for Na- ed sterling medallion. RecdÐ Stephanopoulos, President of barrassment to donor and U.S. tional Security Affairs. December 3, 1999. Est. the Hellenic Republic. Government. ValueÐ$350. General Services Administration. Jennifer Palmieri, Special Assistant 6″ round silver dish with gold plat- His Excellency Constantinos Non-acceptance would cause em- to the Chief of Staff. ed sterling medallion. RecdÐ Stephanopoulos, President of barrassment to donor and U.S. December 10, 1999. Est. the Hellenic Republic. Government. ValueÐ$350. General Services Administration.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Agency for International Development

Anderson, J. Brady ...... Three gold coins in a brown leath- President Milo Djukanovic of the Gift was from a high level foreign er case. RecdÐNovember 23, Republic of Montenegro. dignitary and was accepted to 1999. Est. ValueÐ$540.00. In further government. the Administration awaiting dis- position.

Air Force

Gamble, Patrick (General)ÐCom- Two Koji pottery dragons. RecdÐ General Chen, Chaeo-Min, Tai- Non-acceptance would have mander, Pacific Air Forces, November 18, 1999. Est. wan Air Force. caused embarrassment to Hickam Air Force Base, Hawaii. ValueÐ$590.00 (aggregately). donor and United States Gov- Retained for official display at ernment. Headquarters Pacific Air Forces, Hickam Air Force Base. Ryan, Jane Mrs.Ðwife of Chief of 18-karat gold Kartouche. RecdÐ Air Marshal Ahmed Shafik, Egyp- Non-acceptance would have Staff, USAF, Washington, DC. June 21, 1999. Est. ValueÐ tian Air Force. caused embarrassment to $200.00. Retained for official donor and United States Gov- display at Air House (official ernment. residence of Chief of Staff, USAF). Ryan, Michael (General)ÐChief of Sterling Silver Chilean matte cup. General Fernando Rojas, Chief of Non-acceptance would have Staff, USAF, Washington, DC. RecdÐNovember 2, 1998. Est. Staff Chilean Air Force. caused embarrassment to the ValueÐ$325.00. Retained for donor and U.S. Government. official display at Air House (of- ficial residence of Chief of Staff, USAF). Ryan, Michael (General)ÐChief of Marble aircraft statue. RecdÐNo- General Fernando Rojas, Chief of Non-acceptance would have Staff, USAF, Washington, DC. vember 2, 1998. Est. ValueÐ Staff, Chilean Air Force. caused embarrassment to $100.00. Retained for official donor and United States Gov- display at Air House (official ernment. residence of Chief of Staff, USAF). Taylor, Francis X. (Brigadier Gen- Watercolor print. RecdÐJune 22, Superintendent General Yum Joe Non-acceptance would have eral)ÐCommander, Head- 1998. Est. ValueÐ$1,500.00. Lee, Attache, Embassy of the caused embarrassment to the quarters Air Force, Office of On official display at Head- Republic of Korea, Washington, donor and the United States Special. quarters Air Force Office of DC. Government. Special Investigations, Bolling Air Force Base, DC. Taylor, Francis X. (Brigadier Gen- Watercolor print. RecdÐJune 22, Superintendent General Yum Joe, Non-acceptance would have eral)ÐCommander, Head- 1998. Est. ValueÐ$1,500.00. Attache, Embassy of the Re- caused embarrassment to the quarters Air Force, Office of On official display at Head- public of Korea, Washington, donor and the United States Special. quarters Air Force Office of DC. Government. Special Investigations, Bolling Air Force Base, DC. Weston, Craig P. (Brigadier Gen- Tissot gold-tone wristwatch Col. Sultan Bin Farhan Al-Milhin, Non-acceptance would have eral)ÐAir Force Program Execu- modelÐ#T49.5.481.32. RecdÐ Royal Saudi Air Force Peace caused embarrassment to the tive Officer, Command and Con- February 14, 1999. Est. Shield Project Officer. donor and the United States trol,. ValueÐ$275.00. Turned in to Government. GSA, October 6, 1999.

Board of Governors of the Federal Reserve Sys

Greenspan, AlanÐChairman ...... Pen and ink print, ``Fragment III'' Hakuo Yanagisawa, Chairman of To have refused would have by Noriko Yanagisawa. RecdÐ the Japanese Financial Recon- caused offense or embarrass- Sept. 7, 1999. Est. ValueÐ struction Committee. ment. $500.00. Retained for display.

Central Intelligence Agency

An Agency Employee...... 750 (18K) yellow gold circular 5 U.S.C. 7343(f)(4) ...... Non-acceptance would have braided necklace and matching caused embarrassment to bracelet, modern. (2 oz) donor and U.S. Government. RecdÐJune 10, 1999. Est. ValueÐ$500.00. To be retained for official display.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Gordon, John A.ÐDeputy Director Embossed silver mounted gilt 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have of Central Intelligence. tooled black leatherette sta- caused embarrassment to tionary stand, modern, rectan- donor and U.S. Governments. gular form with hinged writing leaf opening to view a remov- able folio cover, beneath two hinged boxes centering a letter rack, each mounted with em- bossed floral silver panels. 22 x 181¤2 inches. RecdÐNovember 18, 1999. Est. ValueÐ$300.00. To be retained for official dis- play. Gordon, John A.ÐDeputy Director Geometric piece and applied blue 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have of Central Intelligence. and beige leather round rug caused embarrassment to and three round pillows, mod- donor and U.S. Government. ern with muslin backing, worked in a radiating geometric pattern with stylized flowers in white, red, green and blue on alter- nating beige and blue grounds. (approx. 10 feet) RecdÐNo- vember 11, 1999. Est. ValueÐ $500.00 To be retained for offi- cial display. Gordon, John A.ÐDeputy Director Geometric pieced and applied 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have of Central Intelligence. beige and lavender leather caused embarrassment to round rug and three round pil- donor and U.S. Government. lows, modern, en suite with number 99±072. (approx. 10 feet) RecdÐNovember 10, 1999. Est. ValueÐ$500.00. To be retained for official display. Tenet, George J.ÐDirector of Cen- Mother-of-pearl Bible box, mod- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. ern, with a hinged top set with caused embarrassment to nativity scene, enclosing Holy donor and U.S. Government. Bible, Old and New Testament, published Collins' Clear Type Press, London and New York, with mother-of-pearl binding. 31¤4 x 93¤4 inches. RecdÐOcto- ber 29, 1999. Est. ValueÐ $300.00. To be retained for offi- cial display. Tenet, George J.ÐDirector of Cen- Cut glass tall vase, modern, 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. mounted on walnut plinth, in- caused embarrassment to scribed on lip 34cm Vaza donor and U.S. Government. Anfoka 1987. 133¤4 inches. RecdÐOctober 1, 1999. Est. ValueÐ$300.00. To be retained for official display. Tenet, George J.ÐDirector of Cen- Brass mounted chagrin com- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. memorative dagger and parade caused embarrassment to hat, modern, from the Third donor and U.S. Government. Lancers, 1815±1831. RecdÐ September 27, 1999. Est. ValueÐ$300.00. To be retained for official display. Tenet, George J.ÐDirector of Cen- 24 Karat textured gold `loop and 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. star' necklace, modern, marked caused embarrassment to 9999. RecdÐDecember 2, donor and U.S. Government. 1999. Est. ValueÐ$300.00. To be retained for official display.

VerDate 202000 19:47 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN2.SGM pfrm01 PsN: 24MRN2 Federal Register / Vol. 65, No. 58 / Friday, March, 24, 2000 / Notices 15967

REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Tenet, George J.ÐDirector of Cen- Silver gilt group of a horned ani- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. mal beneath a palm tree, mod- caused embarrassment to ern. 7 inches. RecdÐNovember donor and U.S. Government. 1, 1999. Est. ValueÐ$300.00. To be retained for official dis- play. Tenet, George J.ÐDirector of Cen- Mother-of-pearl Diorama of Nativ- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. ity and The Last Supper, mod- caused embarrassment to ern. Each with applied plaque donor and U.S. Government. (17 x 23 x 21¤2 inches). RecdÐ October 26, 1999. Est. ValueÐ $500.00. To be retained for offi- cial display. Tenet, George J.ÐDirector of Cen- Commemorative six-piece coin 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. set, 1993, consisting of: 3 gold caused embarrassment to coins and 3 silver coins, each donor and U.S. Government. with double-headed eagle and dates 1943±1993. RecdÐOcto- ber 1, 1999. Est. ValueÐ $300.00. To be retained for offi- cial display. Tenet, George J.ÐDirector of Cen- Marquetry ebonized wood hex- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. agonal folding trestle-base caused embarrassment to table, modern, with scenes of donor and U.S. Government. early civilization. RecdÐOcto- ber 28, 1999. Est. ValueÐ $300.00. To be retained for offi- cial display. Tenet, George J.ÐDirector of Cen- Engraved silver coffee pot, mod- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. ern, of typical form 141¤2 inches. caused embarrassment to RecdÐNovember 2, 1999. Est. donor and U.S. Government. ValueÐ$500.00. To be retained for official display. Tenet, George J.ÐDirector of Cen- Herend six-piece desk set, Roth- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. schild Bird pattern #RO, mod- caused embarrassment to ern, consisting of: oblong tray, donor and U.S. Government. cup and undertray, footed small cup, seal and a covered box. RecdÐSeptember 28, 1999. Est. ValueÐ$500.00. To be re- tained for official display. Tenet, George J.ÐDirector of Cen- Daum amber pat-de-verre glass 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. figure of a standing woman, caused embarrassment to modern, inscribed Daum/ donor and U.S. Government. France. 10 inches. RecdÐMay 19, 1999. Est. ValueÐ$500.00. To be retained for official dis- play. Tenet, George J.ÐDirector of Cen- Contemporary silver and speci- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have tral Intelligence. men amethyst and rock crystal caused embarrassment to bust of a Horse, modeled by donor and U.S. Government. Laido, modern, mounted on mottled black marble oval base. 17 inches. RecdÐOctober 29, 1999. Est. ValueÐ$750.00. To be retained for official display.

Commerce

Daley, William M.ÐSecretary of Mother of Pearl replica of ``The Mr. Yasser Arafat, Chairman, Pal- Non-acceptance would have Commerce. Manger Scene/Bethlehem estinian Liberation Organization. caused embarrassment to 2000''. RecdÐOctober 11, donor and United States Gov- 1999. Est. ValueÐ$800.00. ernment. Commerce for disposition. Daley, William M.ÐSecretary of 14″ x 16″ Framed Multicolored H.E. Osama Faqih, Minister of Non-acceptance would have Commerce. Mosaic Painting. RecdÐOcto- Commerce of Saudi Arabia/Ri- caused embarrassment to ber 15, 1999. Est. ValueÐ yadh. donor and United States Gov- $275.00. Department of Com- ernment. merce for disposition.

VerDate 202000 15:47 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN2.SGM pfrm03 PsN: 24MRN2 15968 Federal Register / Vol. 65, No. 58 / Friday, March, 24, 2000 / Notices

REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Daley, William M.ÐSecretary of 8″ x 12″ Metal Sculptured Horse H.H. Sultan Bin Zayed Al Nahyan, Non-acceptance would have Commerce. mounted on stone with quartz Deputy Prime Minister of the caused embarrassment to formations. RecdÐOctober 17, United Arab Emirates, Abu donor and United States Gov- 1999. Est. ValueÐ$800.00. De- Dhabi. ernment. partment of Commerce for dis- position.

Defense

Cohen, Mrs.ÐSpouse of Secretary Pearl Necklace Double Strand. Essa Bin Salman Al Khalifa, The Non-acceptance would have of Defense (William Cohen). RecdÐMarch 4, 1998. Est. Amir of the State of Bahrain. caused embarrassment to ValueÐ$2,600.00. Reported to donor and U.S. Government. GSA on October 8, 1999. Cohen, Mrs.ÐSpouse of Secretary Lady's Rolex. RecdÐMarch 4, Essa Bin Salman Al Khalifa, The Non-acceptance would have of Defense (William Cohen). 1998. Est. ValueÐ$4,700.00. Amir of the State of Bahrain. caused embarrassment to Reported to GSA on October donor and U.S. Government. 14, 1999. Cohen, Mrs.ÐSpouse of Secretary Pearl Bracelet Double Strand in a Essa Bin Salman Al Khalifa, The Non-acceptance would have of Defense (William Cohen). Gold Band. RecdÐMarch 4, Amir of the State of Bahrain. caused embarrassment to 1998. Est. ValueÐ$720.00. Re- donor and U.S. Government. ported to GSA on October 14, 1999. Cohen, Mrs.ÐSpouse of Secretary Hand made Gold Bracelet with Field Marshal Hussein Tantawy, Non-acceptance would have of Defense (William Cohen). enameled Beetle. RecdÐMarch Minister of Defense (Egypt). caused embarrassment to 4, 1998. Est. ValueÐ$970.00. donor and U.S. Government. Reported to GSAÐOctober 8, 1999. Cohen, Mrs.ÐSpouse of Secretary Gold Egyptian Bracelet. RecdÐ Essa Bin Salman Al Khalifa, The Non-acceptance would have of Defense (William Cohen). December 24, 1998. Est. Amir of the State of Bahrain. caused embarrassment to ValueÐ$600.00. Retained for donor and U.S. Government. Official Display. Cohen, William S.ÐSecretary of Head cast metal, on white marble Unknown ...... Non-acceptance would have Defense. block. RecdÐJanuary 8, 1999. caused embarrassment to Est. ValueÐ$1,200.00. Re- donor and U.S. Government. turned for Official Display. Cohen, William S.ÐSecretary of Man's Wristwatch, Rolex. RecdÐ Unknown ...... Non-acceptance would have Defense. January 8, 1999. Est. ValueÐ caused embarrassment to $2,120.00. Retained for Official donor and U.S. Government. Display. Cohen, William S.ÐSecretary of Hand made Silk Carpet (Floral Field Marshal Hussein Tantawy, Non-acceptance would have Defense. Design). RecdÐMarch 8, 1998. Minister of Defense (Egypt). caused embarrassment to Est. ValueÐ$650.00. Reported donor and U.S. Government. to GSA on October 8, 1999. Cohen, William S.ÐSecretary of Lady's Wristwatch Rolex. RecdÐ Unknown ...... Non-acceptance would have Defense. January 8, 1999. Est. ValueÐ caused embarrassment to $1,680.00. Retained for Official donor and U.S. Government. Display. Cohen, William S.ÐSecretary of Handmade Silk Carpet (Floral De- Field Marshal Hussein Tantawy, Non-acceptance would have Defense. sign). RecdÐMarch 8, 1998. Minister of Defense (Egypt). caused embarrassment to Est. ValueÐ$700.00. Reported donor and U.S. Government. to GSA on October 8, 1999. Cohen, William S.ÐSecretary of Wristwatch Rolex. RecdÐUn- Unknown ...... Non-acceptance would have Defense. known. Est. ValueÐ$5,220.00. caused embarrassment to Retained for Official Display. donor and U.S. Government. Cohen, William S.ÐSecretary of Jewelry/Writing Set. RecdÐJanu- Unknown ...... Non-acceptance would have Defense. ary 8, 1999. Est. ValueÐ caused embarrassment to $4,895.00. Retained for Official donor and U.S. Government. Display. Kramer, Franklin D.ÐASD for ISA Gold Cherub Key Chain. RecdÐ Field Marshal Hussein Tantawy, Non-acceptance would have May 17, 1999. Est. ValueÐ Minister of Defense (Egypt). caused embarrassment to $290.00 Reported to GSA on donor and U.S. Government. October 8, 1999. Kramer, Franklin D.ÐASD for ISA Three Blue Leather Mats and Gen. Abdulsalami A. Abubakar, Non-acceptance would have 23x27 small throw rug. RecdÐ Head of State of the Republic caused embarrassment to May 18, 1999. Est. ValueÐ of Nigeria. donor and U.S. Government. $280.00. Retained for Official Display.

VerDate 202000 18:59 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN2.SGM pfrm02 PsN: 24MRN2 Federal Register / Vol. 65, No. 58 / Friday, March, 24, 2000 / Notices 15969

REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Kramer, Franklin D.ÐASD for ISA Beige Rug (53x37). RecdÐMarch Field Marshal Hussein Tantawy, Non-acceptance would have 13, 1999. Est. ValueÐ$600.00. Minister of Defense (Egypt). caused embarrassment to Reported to GSA on October 8, donor and U.S. Government. 1999. Kramer, Franklin D.ÐASD for ISA Silver Lamp. RecdÐMarch 13, Lt. Gen. Magdy Hatata, Chief of Non-acceptance would have 1999. Est. ValueÐ$480.00. Re- Staff, Egyptian Armed Forces. caused embarrassment to ported to GSA on October 8, donor and U.S. Government. 1999. Kramer, Mrs.ÐSpouse of ASD for 20″ Gold Kartouche Necklace. Field Marshal Hussein Tantawy, Non-acceptance would have ISA. RecdÐMay 17, 1999. Est. Minister of Defense (Egypt). caused embarrassment to ValueÐ$365.00. Reported to donor and U.S. Government. GSA on October 8, 1999. Kramer, Mrs.ÐSpouse of ASD for Egyptian Bracelet. RecdÐMarch Wife of Field Marshal Hussein Non-acceptance would have ISA. 13, 1999. Est. ValueÐ$830.00. Tantawy, Minister of Defense caused embarrassment to Reported to GSA on October (Egypt). donor and U.S. Government. 14, 1999. Ralston, Joseph W.ÐGeneral, Chalice with decorative stones. General Lieutenant David Non-acceptance would have USAF Vice Chairman of the RecdÐDecember 10, 1998. Tevzadze, Minister of Defense, caused embarrassment to Joint Chiefs of Staff. Est. ValueÐ$400.00. Reported Republic of Georgia. donor and U.S. Government. to GSA on October 12, 1999. Romanowski, Alina, ASD of De- Two Gold Bracelets. RecdÐDe- H.E. Shaykh Salim al-Sabah Al- Non-acceptance would have fense Near Eastern and South cember 3, 1998. Est. ValueÐ Salim Al Sahah, Minister of De- caused embarrassment to Asian Affairs, ISA. $1,960.00. Reported to GSA on fense. donor and U.S. Government. October 12, 1999. Sattler, John F.ÐBrigadier General Dunhill Watch. RecdÐMay 11, Lt. General Ali, Chief of Defense, Non-acceptance would have 1999. Est. ValueÐ$345.00. Re- Kuwait. caused embarrassment to ported to GSA on October 14, donor and U.S. Government. 1999. Shelton, Henry H.ÐGeneral, Joint Suit of Armor. RecdÐMarch 11, LTG Henryk Szumski ...... Non-acceptance would have of Chiefs of Staff. 1999. Est. ValueÐ$280.00. Re- caused embarrassment to tained for Official Display. donor and U.S. Government. Shelton, Mrs.ÐSpouse of General Concord ladies watch. RecdÐ General and Mrs. Al-Attayah, Non-acceptance would have Henry H. Shelton, Chairman of March 11, 1999. Est. ValueÐ Chief of Staff, Qatar Armed caused embarrassment to the Joints Chiefs of Staff. $950.00. Reported to GSA on Forces. donor and U.S. Government. October 6, 1999. Smith, Frederick C.ÐPASD for Globe. RecdÐSeptember 2, Sheikh Salman, Under Secretary Non-acceptance would have ISA. 1998. Est. ValueÐ$3500.00. of Defense Policy, Bahrain caused embarrassment to Reported to GSA on October MOD. donor and U.S. Government. 12, 1999. Tyrer, BobÐChief of Staff ...... Eterna Men's watch in a wood Essa Bin Salman al Khalifa, Amir Non-acceptance would have presentation box. RecdÐMarch of Bahrain. caused embarrassment to 4, 1998. Est. ValueÐ$2870.00. donor and U.S. Government. Reported to GSA on October 14, 1999. Unruh, BrianÐNear Eastern and Man's watchÐChristian Dior Ser# Col. Mohammed al-Sobaie, Mili- Non-acceptance would have South Asian Affairs. D71±100 AJ5787. RecdÐDe- tary Liaison Officer, Embassy of caused embarrassment to cember 23, 1998. Est. ValueÐ Kuwait. donor and U.S. Government. $380.00. Reported to GSA on October 14, 1999.

Justice

Carter, J.C.ÐAssistant Director In Gold Coin. RecdÐApril 1999. Est. Saudi Arabia Mabahith...... Courtesy gift received during Charge, Washington Field Office. ValueÐ$272.00. On display in meeting. Washington Field Office.

Marine Corps

Schneider, H. Jr. (Major)ÐU.S. Candino Swiss Watch. RecdÐ Col Ahem Al-Al-YatamaÐKuwait Non-acceptance would have Central Command. September 29, 1999. Est. caused embarrassment to ValueÐ$462.00. Forwarded to donor & U.S. Government. GSA for disposition. Zinni, A.C. (General)ÐCINC, U.S. Egyptian Prayer Rug. RecdÐNo- Lt. Gen. HattataÐChief of Staff Non-acceptance would have Central Command. vember 1999. Est. ValueÐ (Egypt). caused embarrassment to $2500.00. Individual purchased. donor & U.S. Government.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Zinni, A.C. (General)ÐCINC, U.S. Sig Saul P228 9mm Combat Pis- Sheikh Isa bin Sulman Al- Non-acceptance would have Central Command. tol. RecdÐDecember 15, 1998. KhalifaÐAmir of Bahrain. caused embarrassment to Est. ValueÐ$1098.00. Indi- donor & U.S. Government. vidual purchased.

Navy

Cheney, Stephen A. (Bgen)ÐMa- Man's Eterna 18K Gold Watch. Sheikh Isa bin Sulman Al- Non-acceptance would have rine Corps IG. RecdÐFebruary 17, 1999. Est. KhalifaÐAmir of Bahrain. caused embarrassment to ValueÐ$7,500.00. Forwarded donor & U.S. Government. to GSA on July 16, 1999 for disposition. Danzig, RichardÐSecretary of the Woman's Rolex 18K Watch. Sheikh Isa bin Sulman Al- Non-acceptance would have Navy. RecdÐFebruary 17, 1999. Est. KhalifaÐAmir of Bahrain. caused embarrassment to ValueÐ$9000.00. Forwarded to donor & U.S. Government. GSA on July 16, 1999 for dis- position. Danzig, RichardÐSecretary of the Tiffany & Co. Brass Alarm Clock Sheikh Saud NasserÐKuwait Non-acceptance would have Navy. and Tiffany & Co. Sterling Sil- Minister of Oil. caused embarrassment to ver Gold Pen (given as one donor & U.S. Government. gift). RecdÐFebruary 15, 1999. Est. ValueÐ$700.00 & $250.00. Forwarded to GSA on July 16, 1999 for disposition. Danzig, RichardÐSecretary of the Man's Rolex 18K Watch. RecdÐ Sheikh Isa bin Sulman Al- Non-acceptance would have Navy. February 17, 1999. Est. KhalifaÐAmir of Bahrain. caused embarrassment to ValueÐ$14,000.00. Forwarded donor & U.S. Government. to GSA on July 16, 1999 for disposition. Danzig, RichardÐSecretary of the Two-strand Pearl Necklace. Sheikh Isa bin Sulman Al- Non-acceptance would have Navy. RecdÐFebruary 17, 1999. Est. KhalifaÐAmir of Bahrain. caused embarrassment to ValueÐ$9000.00. Forwarded to donor and U.S. Government. GSA on July 16, 1999 for dis- position. Stavridis, James (Captain)ÐExec- Man's Eterna 18K Gold Watch. Sheikh Isa bin Sulman Al- Non-acceptance would have utive Assistant & Naval I/Aide to RecdÐFebruary 17, 1999. Est. KhalifaÐAmir of Bahrain. caused embarrassment to the Secretary of the Navy. ValueÐ$7,500.00. Forwarded donor and U.S. Government. to GSA on July 16, 1999 for disposition. Work, Robert (Colonel)ÐMilitary Man's Eterna 18K Gold Watch. Sheikh Isa bin Sulman Al- Non-acceptance would have Assistant & Marine Aide to the RecdÐFebruary 17, 1999. Est. KhalifaÐAmir of Bahrain. caused embarrassment to Secretary of the Navy. ValueÐ$7,500.00. Forwarded donor and U.S. Government. to GSA on July 16, 1999 for disposition.

Office of the Vice President

Mrs. Gore ...... Black silk evening bag with crystal Keizo Obuchi, Prime Minister of Non-acceptance would have beading decoration. RecdÐ Japan and Mrs. Obuchi. caused embarrassment to June 6, 1999. Est. ValueÐ donor and U.S. Government. $350.00. Archives. Mrs. Gore...... African masks in black frame. Mrs. Marguerite Midjo Keredou, c/ Non-acceptance would have RecdÐJune 6, 1999. Est. o Embassy of the Republic of caused embarrassment to ValueÐ$400.00. Archives. Benin. donor and U.S. Government. Mrs. Gore ...... Broach in 20±22 kt. Gold, design Mr. and Mrs. Vardis and Mariana Non-acceptance would have of the Cycladic period. RecdÐ Vardinoyannis, Athens. caused embarrassment to March 17, 1999. Est. ValueÐ donor and U.S. Government. $500.00. Archives. OVP Staff ...... Blue leather box with gold trimÐ Nursultan Nazabayez, President Non-acceptance would have inside is a silver box with a of the Republic of Kazakhstan. caused embarrassment to seal. RecdÐMay 3, 1999. Est. donor and U.S. Government. ValueÐ$2500.00. Archives. Vice President ...... 1. Statuette of Ukrainian figure. 2. Leonid Kuchma, President of Non-acceptance would have Miniature gold mace. 3. 1999 Ukraine. caused embarrassment to commemorative silver coin. 4. donor and U.S. Government. Glass Vase. RecdÐDecember 8, 1999. Est. ValueÐ$ over $250.00, awaiting appraisal. Of- fice of the Vice President.

VerDate 202000 15:47 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN2.SGM pfrm03 PsN: 24MRN2 Federal Register / Vol. 65, No. 58 / Friday, March, 24, 2000 / Notices 15971

REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Vice President...... Sculpture of calf by inuk artist. Prime Minister Jean Chretien, Non-acceptance would have RecdÐMay 3, 1999. Est. Prime Minister of Canada. caused embarrassment to ValueÐ$1000.00. Archives. donor and U.S. Government. Vice President ...... Baseball autographed by Sammy Roberto B. Saladin Selin, Ambas- Non-acceptance would have Sosa. RecdÐDecember 12, sador of the Dominican Repub- caused embarrassment to 1999. Est. ValueÐ$ over lic, Washington, DC. donor and U.S. Government. $250.00 awaiting appraisal. Of- fice of the Vice President. Vice President and Mrs. Gore ...... Jewelry: gold pin for Mrs. Gore Mireya Moscoso, President of Re- Non-acceptance would have (reproduction of pre-Columbian public of Panama. caused embarrassment to artifact excavated in Panama), donor and U.S. Government. gold cufflinks for VP. RecdÐ October 19, 1999. Est. ValueÐ $650.00. Archives. Vice President and Mrs. Gore ...... Small carriage clock; Koran-sha Keizo Obuchi, Prime Minister of Non-acceptance would have white porcelain vase. RecdÐ Japan. caused embarrassment to June 6, 1999. Est. ValueÐ donor and U.S. Government. $350.00. Archives. Vice President and Mrs. Gore ...... Porcelain Jar. RecdÐDecember Yuriy Viktorovich Ushakov, Am- Non-acceptance would have 12, 1999. Est. ValueÐ$ over bassador Extraordinary and caused embarrassment to $250.00, awaiting appraisal. Of- Plenipotentiary of the Russian donor and U.S. Government. fice of the Vice President. Federation, Washington, DC.

Senate

Durbin, Richard JÐU.S. Senator ... Commemorative historical sword. Buzek, JerzyÐPrime Minister of Non-acceptance would have RecdÐApril 21, 1999. Est. Poland. caused embarrassment to ValueÐ$260.00. Displayed in donor and U.S. Government. Senate Office, SR 364. Shelby, Richard C. and Annette Gems Painting. RecdÐSep- Maj. Gen. Ye Myint of Myanmar .. Non-acceptance would have Nevin ShelbyÐU.S. Senator and tember 1, 1999. Est. ValueÐ caused embarrassment to Wife. $150.00. Deposited with Sec- donor and U.S. Government. retary of Senate. Shelby, Richard C. and Annette Nine-Gems Ring. RecdÐAugust Lt. Gen. And Mrs. Khin Myunt of Non-acceptance would have Nevin ShelbyÐU.S. Senator and 31, 1999. Est. ValueÐ$300.00. Myanmar. caused embarrassment to Wife. Deposited with Secretary of donor and the U.S. Senate. Shelby, Richard C. and Annette Silver Tea Set. RecdÐAugust 23, President B.J. Habibie of Indo- Non-acceptance would have Nevin ShelbyÐU.S. Senator and 1999. Est. ValueÐ$3,500.00. nesia. caused embarrassment to Wife. Deposited with Secretary of donor and the U.S. . Senate. Sisco, GaryÐSecretary of Senate Waterman Pen. RecdÐMay 8, Harold Romer, Deputy Secretary Non-acceptance would have 1999. Est. ValueÐ$300.00. De- General of the European Par- caused embarrassment to posited with Secretary of Sen- liament. donor and the U.S. ate.

State

Albright, Madeleine K.ÐSecretary Silver Brooch with stones. RecdÐ President WeizmanÐIsrael...... Non-acceptance would have of State. December 22, 1999. Est. caused embarrassment to ValueÐ$350.00. Office of Pro- donor & U.S. Government. tocol for Disposition. Albright, Madeleine K.ÐSecretary Gold bracelet and necklace. Chairman Yasser Arafat (PLO) .... Non-acceptance would have of State. RecdÐDecember 8, 1999. Est. caused embarrassment to ValueÐ$500.00. Office of Pro- donor & U.S. Government. tocol for Disposition. Albright, Madeleine K.ÐSecretary Gold Bracelet. RecdÐ1998. Est. Suha Arafat, First Lady (PLO) ...... Non-acceptance would have of State. ValueÐ$800.00 Office of Pro- caused embarrassment to tocol for disposition. donor & U.S. Government. Albright, Madeleine K.ÐSecretary Gold Chain. RecdÐSeptember Sheikh Hasina, Prime Minister Non-acceptance would have of State. 20, 1999. Est. ValueÐ$400.00. (Banglesh). caused embarrassment to Office of Protocol for disposition. donor & U.S. Government. Albright, MadeleineÐSecretary of Gold Necklace with diamonds. Chairman Yasser Arafat (PLO) .... Non-acceptance would have State. RecdÐOctober 22, 1999. Est. caused embarrassment to ValueÐ$1500.00. Office of Pro- donor & U.S. Government. tocol for disposition.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Albright, MadeleineÐSecretary of 6″ Round Silver Box w/lid. RecdÐ Lamberto Dini, Foreign Minister Non-acceptance would have State. May 26, 1999. Est. ValueÐ (Italy). caused embarrassment to $500.00. Office of Protocol for donor & U.S. Government. disposition. Ambassador WifeÐLagos ...... One double strand pearl necklace Lagos Government...... Non-acceptance would have and matching earrings. RecdÐ caused embarrassment to July 1999. Est. ValueÐ donor & U.S. Government. $325.00. Delivered to GSA on Sept. 7, 1999. Bartels, CamilaÐPublic Affairs ...... Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00 caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Brill, KennethÐAmbassador...... Painting (Animal Abstractions). Foreign GovernmentÐNicosia..... Non-acceptance would have RecdÐJuly 1, 1999. Est. caused embarrassment to ValueÐ$460.00. Retained at donor & U.S. Government. Embassy for Official Display. Brill, KennethÐAmbassador...... Painting (Ghost Island). RecdÐ Foreign GovernmentÐNicosia..... Non-acceptance would have July 1, 1999. Est. ValueÐ caused embarrassment to $550.00. Retained at the Em- donor & U.S. Government. bassy for Official Display. Bujac, GregÐDiplomatic Security Eterna Watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. BurneiÐAdmin Consul ...... Revue, Thommen Watch. RecdÐ Burundian Royal Family Member Non-acceptance would have December 23, 1997. Est. caused embarrassment to ValueÐ$1,500.00. Office of donor & U.S. Government. Protocol for Disposition. BurneiÐAmbassador ...... Baume & Mercier Watch. RecdÐ Burundian Royal Family Member Non-acceptance would have December 23, 1997. Est. caused embarrassment to ValueÐ$3,500.00. Office of donor & U.S. Government. Protocol for Disposition. BurneiÐCharge ...... Tag Heuer Watch. RecdÐDecem- Burundian Royal Family Member Non-acceptance would have ber 23, 1997. Est. ValueÐ caused embarrassment to $1500.00. Office of Protocol for donor & U.S. Government. Disposition. Burns, NickÐAmbassador ...... Black Leather bound Coin Collec- Wife of Ministry of Defense official Non-acceptance would have tion (``one Century of Greek caused embarrassment to Coins; 1880±1995''. RecdÐ donor & U.S. Government. April 19, 1999. Est. ValueÐ $1,677.00. Retained at the Em- bassy for Official Display. Burns, WilliamÐAmbassador ...... Motorola Cellular Telephone GSM Greek Official at the Thessaloniki Non-acceptance would have package with accessories. Trade Fair. cause embarrassment to donor RecdÐUnknown Est. ValueÐ & U.S. Government. $536.00. Retain at the Em- bassy for Official Use. Cook, Frances D.ÐMother of Am- Set of traditional Omani Tribal Ghassan Al Khalili ...... Non-acceptance would caused bassador for Muscat. Jewelry including necklace, embarrassment to donor & U.S. ring, bracelet and earring. Government. RecdÐLate 1996. Est. ValueÐ $700.00. Office of Protocol for disposition. Cook, Frances D.ÐMother of Am- Two traditional Gold Omani Almutasim Bin Hamoud Al Non-acceptance would have bassador for Muscrat. Bracelets. RecdÐDecember Busaidi, Minister of State and cause embarrassment to donor 26, 1997. Est. ValueÐ$600.00. Governor of Muscat. & U.S. Government. Office of Protocol for disposition. Dubai Consulate Political Officer ... Gold Bracelet. RecdÐOctober Leading Member of Dubai Busi- Gift was present as a mark of 1999. Est. ValueÐ$274.00. De- ness Community. courtesy. To refuse would have livered to GSA on Sept. 7, 1999. been counter to U.S. interests. Duncan, CharlesÐWhite House Li- Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have aison Office. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Fowler, WycheÐAmbassador ...... Harry Winston Timepiece (Watch). Saudi Crown Abdullah bin Abdul Non-acceptance would have RecdÐSeptember 1998. Est. Aziz Al Saud. caused embarrassment to ValueÐ$10,666.00. Delivered donor & U.S. Government. to GSA on Sept. 7, 1999.

VerDate 202000 18:45 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN2.SGM pfrm02 PsN: 24MRN2 Federal Register / Vol. 65, No. 58 / Friday, March, 24, 2000 / Notices 15973

REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

George, SuzanneÐOffice of Sec- Eterna watch. RecdÐNovember Government of Buhrain ...... Non-acceptance would have retary. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Hale, DavidÐOffice of Secretary ... Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Hartnett, LarryÐDiplomatic Secu- Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have rity. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Haycraft, TomÐDiplomatic Secu- Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have rity. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Helal, GemalÐInterpreter ...... Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Hicks, DeloresÐLine Assistant ...... Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Hipp, MarkÐDiplomatic Security ... Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Hurly, JohnÐDiplomatic Security .. Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Inderfurth, Karl F.ÐAssistant Se- Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have curity. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Inderfurth, Karl F.ÐAsst. Sec. For Lalique Crystal Clock. RecdÐMay The Hinduja Group ...... Non-acceptance would have South Asian Affairs. 11, 1999. Est. ValueÐ$260.00. caused embarrassment to Delivered to GSA on Sept. 7, donor & U.S. Government. 1999. Inderfurth, Karl F.ÐAsst. Sec. For Sterling Silver dessert service (4 Mr. Islom, President of Uzbekistan Non-acceptance would have South Asian Affairs. piece place settings for six). caused embarrassment to RecdÐApril 26, 1999.Est. donor & U.S. Government. ValueÐ$2,130.00. Delivered to GSA on September 7, 1999. Indyk, MartinÐAssistant Secretary Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Indyk, MartinÐAssistant Secretary Versay Men's watch. RecdÐOcto- General Samih Battikhi, Chief of Non-acceptance would have ber 7, 1999. Est. ValueÐ Jordanian Intelligence. caused embarrassment to $500.00. Office of Protocol for donor & U.S. Government. Disposition. Indyk, Martin S. and wifeÐAsst. Two Swiss Watches. RecdÐOcto- Abu Mazen, Secretary General, Non-acceptance would have Sec. for Near East Affairs. ber 1999. Est. ValueÐ$260.00/ PLO Executive Committee. caused embarrassment to $260.00. Office of Protocol for donor & U.S. Government. disposition. Koumans, MarkÐLine Officer ...... Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Krajeski, ThomasÐConsul General Mont Blanc Pen. RecdÐOctober Leading Member of Dubai Busi- Gift was presented as a mark of 1999. Est. ValueÐ$800.00. De- ness Community. courtesy. To refuse would have livered to GSA on Sept. 7, 1999. been counter to US interests. Krajeski, ThomasÐConsul General Tissot Chronograph. RecdÐOcto- Leading Member of Dubai Cham- Gift was presented as a mark of ber 1999. Est. ValueÐ ber of Commerce. courtesy. To refuse would have $1,200.00. Delivered to GSA on been counter to US interests. Sept. 7, 1999.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Lakhdhir, KamalaÐLine Officer ..... Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Lineberry, Laura ElizabethÐSec- Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have retary. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Lucas, HillaryÐGift Officer...... Oyster Perpetual Date Watch. The Amir of Bahrain ...... Non-acceptance would have RecdÐJune 8, 1998. Est. caused embarrassment to ValueÐ$11,700.00. Office of donor & U.S. Government. Protocol for disposition to GSA. Luck, AlÐDiplomatic Security ...... Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Maybus, Raymond E. JrÐAmbas- 4.5 x 2″ Solid Silver Calendar, Ahmed Zaki Yamani of Dallah Non-acceptance would have sador. dipped in gold. RecdÐJanuary Real Estate and Tourism Com- caused embarrassment to 9, 1998. Est. ValueÐ$960.00. panyÐJeddah. donor & U.S. Government. Office of Protocol for disposition. Miller, AaronÐSMEC...... Eterna, watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Moore, AlexÐDiplomatic Security Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Morningstar, RichardÐAmbas- 4x6 rug. RecdÐFebruary 19, President Saparmurat Niyazov ..... Non-acceptance would have sador. 1999. Est. ValueÐ$250± caused embarrassment to 500.00. Retained at Embassy donor & U.S. Government. for Official Display. Morningstar, RichardÐAmbas- 4x6 rug. RecdÐApril 26, 1999. President Heydar Aliyev, Azer- Non-acceptance would have sador. Est. ValueÐ$250±500.00. Re- baijan. caused embarrassment to tained for Official Display. donor & U.S. Government. Morningstar, RichardÐAmbas- 4x6 rug. RecdÐMay 19, 1999. President Saparmurat Niyazov, Non-acceptance would have sador. Est. ValueÐ$250±500.00. Re- Turkmenistan. caused embarrassment to tained at the Embassy for Offi- donor & U.S. Government. cial Display. Mussomeli, Joseph A.ÐDeputy Gold Omega Men's watch with Amir, Shaikh Isa Bin Salman Al- Non-acceptance would have Chief of Mission. one pair of gold cufflinks and Khalifa, Bahrain. caused embarrassment to gold Omega Lady's watch with donor & U.S. Government. diamonds, Two-strand Bahraini pearl necklace. RecdÐSep- tember 23, 1998. Est. ValueÐ $5700.00, $5,700.00, $7,960.00 ($19,360.00). Delivered to GSA on Sept. 7, 1999. Ogle, KarenÐForeign Service Offi- Diamond and White Gold Ring. Princess Shamsa al-Saud, Non-acceptance would have cer. RecdÐJune 22, 1999. Est. Jeddah. caused embarrassment to ValueÐ$1850.00. Delivered to donor & U.S. Government. GSA on Sept. 7, 1999. Petrihos, PeterÐDeputy Executive Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have Director. 1997. Est ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Ransom, DavidÐAmbassador (Re- Ebel Watch and $13,217.00 cash. Amir of Bahrain ...... Non-acceptance would have tired). RecdÐFebruary 1999. Est. caused embarrassment to ValueÐAbove $260.00. Office donor & U.S. Government. of Protocol for disposition, money forwarded to appropriate agency. Ransom, DavidÐAmbassador (Re- Rolex Watch and $26,490.00 Amir of Bahrain ...... Non-acceptance would have tired). cash. RecdÐJuly 1998. Est. caused embarrassment to ValueÐAbove $260.00. Office donor & U.S. Government. of Protocol for disposition, money forwarded to appropriate agency.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Ransom, DavidÐAmbassador (Re- Rolex Watch and $25,000.00 Amir of Bahrain ...... Non-acceptance would have tired). cash. RecdÐJune 1998. Est. caused embarrassment to ValueÐAbove $260.00. Office donor & U.S. Government. of Protocol for disposition, money forwarded to appropriate agency. Ransom, DavidÐAmbassador (Re- Rolex Watch and $52,966.88 Amir of Bahrain ...... Non-acceptance would have tired). cash. RecdÐNovember 97. caused embarrassment to Est. ValueÐAbove $260.00. Of- donor & U.S. Government. fice of Protocol for disposition, Money forwarded to appropriate agency. Ransom, MarjorieÐForeign Serv- Gold Bracelet with pearls. RecdÐ Foreign Minister of Bahrain ...... Non-acceptance would have ice Officer. October 1999. Est. ValueÐ caused embarrassment to Above $260.00. Office of Pro- donor & U.S. Government. tocol for disposition. Reside, JulieÐPublic Affairs ...... Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. RiyadhÐConsular Section at Em- Longines Timepiece, Roamer of H.R.H. Prince Turki Al-Faisal bin Non-acceptance would have bassy Saudi Arabia. Switzerland watch with metal Abdul Aziz al Saud, Director of caused embarrassment to band (2), Roamer of Switzer- Intelligence. donor & U.S. Government. land with leather band. RecdÐ January 31, 1999. Est. ValueÐ $322.66, 133.33, 133.33, 120.00 = $709.32. Office of Protocol for Disposition. Roy, J. StapletonÐAmbassador .... A boxed piece of Silk Batik Fab- President Habibie, Indonesia ...... Non-acceptance would have ric. RecdÐUnknown. Est. caused embarrassment to ValueÐ$600.00. Retained at donor & U.S. Government. the Embassy for Official Display. Roy, J. StapletonÐAmbassador .... A Boxed Silver and Pewter Tea President Habibie, Indonesia ...... Non-acceptance would have Service. RecdÐUnknown. Est. caused embarrassment to ValueÐ$1250.00. Retained at donor & U.S. Government. the Embassy for Official Use. Rubin, James P.ÐAssistant Sec- Pocket watch with the country's Unknown ...... Non-acceptance would have retary and Spokesman. seal and tradition cap. RecdÐ caused embarrassment to the 08/17/99. Est. ValueÐ$275.00. donor and the United States Office of Protocol for Disposi- Government. tion. Rubin, James P.ÐSpokesperson .. Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Shinnick, RichardÐDeputy Execu- Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have tive Director. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Shocas, ElaineÐChief of Staff ...... Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Stocking, TomÐDiplomatic Secu- Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have rity. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Sweeney, LynnÐComputer Spe- Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have cialist. 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Tucker, NicholeÐSecretary...... Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999.

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REPORT OF TANGIBLE GIFTSÐContinued

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- the gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

USUN ...... Two Carpets: 139″ x 102″ plus Visiting Delegation of Afghanistan Non-acceptance would have fringe, wool on cotton, red field caused embarrassment to with many octagon and cross donor & U.S. Government. medallions, multiple borders, Pakistani Bokhara. RecdÐApril 1998. Est. ValueÐ$1500.00 each. Delivered to GSA on Sept. 7, 1999. USUN ...... Three (3) wool pile hand knotted Visiting Delegation of Afghanistan Non-acceptance would have carpets. RecdÐApril 1998. Est. caused embarrassment to ValueÐ$300.00 ea. ($900.00). donor & U.S. Government. Retained at the Embassy for Official Use. USUN ...... Two Carpets: 154″ x 230″ and Visiting Delegation from Afghani- Non-acceptance would have 148″ x 226″ plus fringe, wool on stan. caused embarrassment to cotton, red field with many oc- donor & U.S. Government. tagonal and cross medallions, multiple borders, Pakistani Bokhara. RecdÐApril 1998. Est. ValueÐ$2250.00 each. Delivered to GSA on Sept. 7, 1999. Welch, David C.ÐAmbassador ..... 4.5 x 2″ Solid Silver Calendar Ahmed Zaki Yamani of Dallah Non-acceptance would have dipped in gold. RecdÐJanuary Real Estate and Tourism Co.Ð caused embarrassment to 9, 1998. Est. ValueÐ$960.00. Jeddah. donor & U.S. Government. Office of Protocol for Disposi- tion. Wills, Laura B.ÐAssist. Chief of Raymond Weil Geneve Watch. Crown Prince Sultan bin Abdul Non-acceptance would have Protocol, Visits. RecdÐNovember 5, 1999. Est. Aziz, Saudi Arabia. caused embarrassment to ValueÐ$500.00. In the Office donor & U.S. Government. of Protocol for Disposition. Woodward, WilliamÐSpeechwriter Eterna watch. RecdÐNovember Government of Bahrain ...... Non-acceptance would have 1997. Est. ValueÐ$2,550.00. caused embarrassment to Delivered to GSA on Sep- donor & U.S. Government. tember 7, 1999. Young, JohnnyÐAmbassador ...... Pair of men's cufflinks in white Amir Shaikh Isa Bin Salman Al- Non-acceptance would have gold with onyx and diamonds, Khalifa, Bahrain. caused embarrassment to pair of women's earrings and donor & U.S. Government. one ring with two-toned gold with diamonds. RecdÐJuly 13, 1998. Est. ValueÐ$3,580.00, $3,980.00 ($26,920.00). Deliv- ered to GSA on Sept. 7, 1999. Young, JohnnyÐAmbassador ...... Men's Piaget wristwatch in white Amir, Shaikh Isa bin Salman Al- Non-acceptance would have gold with date function and Khalifa, Bahrain. caused embarrassment to women's Piaget wristwatch in donor & U.S. Government. white gold with diamond chips. RecdÐFebruary 22, 1999. Est. ValueÐ$12,000.00 & $11,400.00 ($23, 400.00) Office of Protocol for Disposition. Young, JohnnyÐAmbassador ...... Men's Piaget wristwatch in white Amir, Shaikh Isa bin Salman Al- Non-acceptance would have gold with date function and Khalifa, Bahrain. caused embarrassment to women's Piaget wristwatch in donor & U.S. Government. white gold with diamond chips. RecdÐFebruary 22, 1999. Est. Value $12,000 and $11,400.00 ($23,400.00). Delivered to GSA on Sept 7, 1999.

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REPORT OF TRAVEL OR EXPENSES OF TRAVELÐ1999

Name and title Brief description Identity of foreign donor Circumstances

National Council on Disability

Blank, KathleenÐProgram Spe- RecdÐJuly 18, 1999. Est. Airports Council International, To present paper and guest cialist. ValueÐ$4,170.00. Expended Richmond, B.C., Canada. speak at conference. for airfare, hotel, meals and conference registration for speaking engagement in Kuala Lumpur, Malaysia.

U.S. General Accounting Office

Epstein, DavidÐGAO Evaluator .... RecdÐNovember 19±24, 1999. Barbados Tourist Board, Bar- To become a specialist in the field Est. ValueÐ$800.00. Expended bados. of travel/tourism for Barbados for airfare, hotel and meals. as related to Mr. Epstein's own- ership of a travel agency.

United States House of Representatives

Hilliard, EarlÐMember of Con- RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. gress. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Burr, RichardÐMember of Con- RecdÐAugust 11±14, 1999. Est. Norway ...... Authorized by 5 U.S.C. gress. ValueÐ$not submitted. Air 7342(c)(1)(B)(ii). transport, rail travel, boat tour, meals and lodging for Member and spouse in Oslo and Ber- gen, Norway. Campbell, TomÐMember of Con- RecdÐNov. 24±25, 1999. Est. Burma ...... Authorized by 5 U.S.C. gress. ValueÐ$not submitted. Air 7342(c)(1)(B)(ii). transportation between Ran- goon, Keng Tung, and Tachileik, Burma. Cardin, BenjaminÐMember of RecdÐMay 28±30, 1999. Est. United Kingdom of Great Britain .. Authorized by 5 U.S.C. Congress. ValueÐ$not submitted. Meals, 7342(c)(1)(B)(ii). lodging and ground transpor- tation for Member and spouse in Belfast, Northern Ireland. Carson, JuliaÐMember of Con- RecdÐMay 28±30, 1999. Est. United Kingdom of Great Britain .. Authorized by 5 U.S.C. gress. ValueÐ$not submitted. Meals, 7342(c)(1)(B)(ii). lodging and ground transpor- tation in Belfast, Northern Ire- land. Gilman, BenjaminÐMember of RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. Congress. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Van Wicklin, Robert W.ÐRep. RecdÐMay 28±29, 1999. Est. United Kingdom of Great Britain .. Authorized by 5 U.S.C. Houghton. ValueÐ$not submitted. Meals 7342(c)(1)(B)(ii). and ground transportation in Belfast, Northern Ireland. Greenwood, James C.ÐMember RecdÐMay 28±30, 1999. Est. United Kingdom of Great Britain .. Authorized by 5 U.S.C. of Congress. ValueÐ$not submitted. Food, 7342(c)(1)(B)(ii). lodging and ground transpor- tation for Member and spouse in Belfast, Northern Ireland. Hobson, DavidÐMember of Con- RecdÐAugust 11±14, 1999. Est. Norway ...... Authorized by 5 U.S.C. gress. ValueÐ$not submitted. Trans- 7342(c)(1)(B)(ii). portation from Stockholm to Oslo and return, and in-country lodging, meals, and transpor- tation for Member and spouse among Myrdal, Flom, Gudvangen and Bergen, Nor- way. Houghton, Amory Jr.ÐMember of RecdÐMay 28±30, 1999. Est. United Kingdom of Great Britain .. Authorized by 5 U.S.C. Congress. ValueÐ$not submitted. Meals, 7342(c)(1)(B)(ii). lodging and ground transpor- tation for Member and spouse in Belfast, Northern Ireland.

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REPORT OF TRAVEL OR EXPENSES OF TRAVELÐ1999ÐContinued

Name and title Brief description Identity of foreign donor Circumstances

Johnson, Eddie BerniceÐmember RecdÐMay 28±30, 1999. Est. United Kingdom of Great Britain .. Authorized by 5 U.S.C. of Congress. ValueÐ$not submitted. Meals, 7342(c)(1)(B)(ii). lodging and ground transpor- tation for Member and spouse in Belfast, Northern Ireland. Ford, James Dr.ÐHouse Chaplin .. RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Filner, BobÐMember of Congress RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Roberts, KimberlyÐInternational RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. Relations Comm. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. McNulty, Michael R.ÐMember of RecdÐMay 28±30, 1999. Est. United Kingdom of Great Britain .. Authorized by 5 U.S.C. Congress. ValueÐ$not submitted. Meals, 7342(c)(1)(B)(ii). lodging and ground transpor- tation in Belfast, Northern Ire- land. Olson, Susan L.ÐRep. Bereuter ... RecdÐAugust 24±September 2, Republic of Turkey...... Authorized by 5 U.S.C. 1999. Est. ValueÐ$not sub- 7342(c)(1)(B)(ii). mitted. Lodging in Istanbul, Antalyla and Ankara, Turkey. Munson, LesterÐInternational Re- RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. lations Comm. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Conzelman, James K.ÐRep. RecdÐAugust 11±14, 1999. Est. Norway ...... Authorized by 5 U.S.C. Oxley. ValueÐ$not submitted. Trans- 7342(c)(1)(B)(ii). portation from Stockholm to Oslo and return, and in-country lodging, meals, and transpor- tation for Member and spouse among Myrdal, Flom, Gudvangen and Bergen, Nor- way. Clack, MarkÐInternational Rela- RecdÐApril 2, 1999 Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. tions Comm. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Bodlander, DeborahÐInternational RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. Relations Comm. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Bloomer, Nancy ShubaÐInter- RecdÐApril 2, 1999. Est. ValueÐ ...... Authorized by 5 U.S.C. national Relations Comm. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Wolf, FrankÐMember of Congress RecdÐAugust 29, 1999. Est. World Food Programme (UN) ...... Authorized by 5 U.S.C. ValueÐ$not submitted. Airline 7342(c)(1)(B)(ii). flight from Rome to Pristina and helicopter flight over Pristina, Gjacova and Prizren for Mem- ber and spouse. Sanders, BernardÐMember of RecdÐApril 2, 1999. Est. ValueÐ Hashemite Kingdom of Jordan ..... Authorized by 5 U.S.C. Congress. $not submitted. Air transpor- 7342(c)(1)(B)(ii). tation from Amman to Petra, Jordan and back. Oxley, MichaelÐMember of con- RecdÐAugust 11±14, 1999. Est. Norway ...... Authorized by 5 U.S.C. gress. ValueÐ$not submitted. Trans- 7342(c)(1)(B)(ii). portation from Stockholm to Oslo and return, and in-country lodging, meals and transpor- tation for Member and spouse among Myrdal, Flom, Gudvangen and Bergen, Nor- way.

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REPORT OF TRAVEL OR EXPENSES OF TRAVELÐ1999ÐContinued

Name and title Brief description Identity of foreign donor Circumstances

Flanders, David AlanÐRep. RecdÐAugust 24±26, 1999. Est. Japan ...... Authorized by 5 U.S.C. Thompson. ValueÐ$not submitted. Lunch- 7342(c)(1)(B)(ii). eon and dinner in Japan.

United States Senate

Walsh, SallyÐDirector, Inter- RecdÐAugust 13±15, 1999. Est. Government of Cuba ...... Non-acceptance would cause parliamentary Services. ValueÐ$not submitted. Trans- host government embarrass- portation within Cuba to official ment. meetings via two sedans and one minivan. Dorgan, Byron L.ÐU.S. Senator ... RecdÐAugust 13±15, 1999. Est. Government of Cuba ...... Non-acceptance would cause ValueÐ$not submitted. Official host government embarrass- meetings via two sedans and ment. one minivan. Daschle, TomÐU.S. Senator ...... RecdÐAugust 13±15, 1999. Est. Government of Cuba ...... Non-acceptance would cause ValueÐ$not submitted. Official host government embarrass- meetings via two sedans and ment. one minivan. Bob, DanielÐSpecial Assistant to RecdÐJanuary 11±15, 1999. Est. Government of Peru ...... Non-acceptance would cause Senator Roth. ValueÐ$not submitted. Meals host government embarrass- and transportation within Peru. ment. Daschle, LindaÐSpouse of Sen- RecdÐAugust 13±15, 1999. Est. Government of Cuba ...... Non-acceptance would cause ator. ValueÐ$not submitted. Official host government embarrass- meetings via two sedans and ment. one minivan. Dorgan, KimÐSpouse of Senator RecdÐAugust 13±15, 1999. Est. Government of Cuba ...... Non-acceptance would cause ValueÐ$not submitted. Official host government embarrass- meetings via two sedans and ment. one minivan. Roberts, PatÐU.S. Senator ...... RecdÐAugust 12±14, 1999. Est. Government of Norway ...... Official travel to participate in offi- ValueÐ$not submitted. Trans- cial meetings. portation, lodging and meals within Norway during an official visit. Roberts, FrankieÐSpouse of Sen- RecdÐAugust 12±14, 1999. Est. Government of Norway ...... Official travel to participate in offi- ator. ValueÐ$not submitted. Trans- cial meetings. portation, lodging and meals within Norway during an official visit. Twining, Daniel C.ÐLegislative RecdÐApril 7±8, 1999. Est. Government of Belgium ...... No commercial travel available. Correspondent to Senator ValueÐ$not submitted. Round- McCain. trip transportation between Brussels, Belgium and Tirana, Albania aboard Belgian military aircraft to attend official meet- ings. Twining, Daniel C.ÐLegislative RecdÐMay 12, 1999. Est. Government of Belgium ...... No commercial travel available. Correspondent to Senator ValueÐ$not submitted. Trans- McCain. portation from Brussels, Bel- gium to Skopje, Macedonia aboard Belgian military aircraft to attend official meetings. Waldren, HowardÐLegislative As- RecdÐAugust 13±15, 1999. Est. Government of Cuba ...... Non-acceptance would cause sistant to Senator Dorgan. ValueÐ$not submitted. Trans- host government embarrass- portation within Cuba to official ment. meetings via two sedans and one minivan. Van Dum, BradleyÐLegislative As- RecdÐAugust 13±15, 1999. Est. Government of Cuba ...... Non-acceptance would cause sistant for Defense for Senator ValueÐ$not submitted. Trans- host government embarrass- Daschle. portation within Cuba to official ment. meetings via two sedans and one minivan.

[FR Doc. 00–6858 Filed 3–23–00; 8:45 am] BILLING CODE 4710±20±M

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Part III

Department of Justice Antitrust Division

United States v. Cargill, Incorporated; Public Comment and Plaintiff’s Response; Notice

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DEPARTMENT OF JUSTICE 1. Monopoly Analysis will continue to operate as independent 2. Monopsony Analysis businesses after Cargill’s acquisition of Antitrust Division C. Overview Of The Department’s Analysis its grain trading business. Of Competitive Issues In This [Civil No. 98±CV±1875 (GK)] Transaction C. The Complaint 1. Background On July 8, 1999, the United States United States v. Cargill, Incorporated; 2. Analysis Of Cargill As A Seller Of Public Comment and Plaintiff's Standard-Grade Grain Products Department of Justice (the Department) Response 3. Analysis Of Cargill As A Seller Of filed a Complaint with this Court Specialty Products alleging that Cargill’s acquisition of Pursuant to the Antitrust Procedures 4. Analysis Of Cargill As A Buyer Of Grain Continental’s Commodity Marketing and Penalties Act, 15 U.S.C. 16(b)–(h), 5. Analysis Of Cargill As An Operator Of Group would substantially lessen the United States of America hereby River Elevators Designated By CBOT For competition for grain purchasing publishes below the comments received Settlement Of Futures Contracts services in nine relevant markets, in on the proposed Final Judgment in 6. Summary Of The Department’s violation of Section 7 of the Clayton Act United States v. Cargill, Incorporated Competitive Analysis (15 U.S.C. 18). In those markets, Cargill V. The Department’s Responses To Specific and Continental Grain Company, Civil Comments would have gained the power to No. 98–CV–1875 (GK), filed in the A. Remedy artificially depress the prices paid to United States District Court for the B. Market Definition U.S. farmers and other suppliers for District of Columbia, together with the C. Cargill’s Power Over Price their grain and oilseed crops—including Untied States’ response to the D. Futures Markets corn, soybeans, and wheat (collectively comments. E. Specialty Markets referred to as ‘‘grain’’). Copies of the comments and response F. Nebraska Grain Markets The Complaint also alleged that the are available for inspection in Room 215 G. Concentration In Other Agriculture transaction would have resulted in of the U.S. Department of Justice, Markets Cargill and one other grain company H. Ban On All Agribusiness Mergers Antitrust Division, 325 Seventh Street, I. Vertical Integration controlling approximately eighty NW, Washington, DC 20530 (telephone: J. Non-Economic Concerns percent of capacity at the Chicago and 202/514–2481) and at the office of the K. Administration And Legislative Actions Illinois River elevators that are Clerk of the United States District Court L. The OCM Comments authorized by Chicago Board of Trade for the District of Columbia, 333 M. A Hearing Is Unnecessary In This Case (CBOT) to accept delivery for the Constitution Avenue, NW, Washington, N. The 60-Day Comment Period Should settlement of corn and soybeans futures DC 20001. Copies of these materials may Not Be Extended contracts.1 That concentration would be obtained upon request and payment Conclusion have increased the risk of manipulation of a copying fee. United States Response to Public of futures prices. Comments Finally, the Complaint alleged that a Constance K. Robinson, non-compete provision of the Cargill/ Director of Operations, Antitrust Division. Pursuant to the Antitrust Procedures Continental agreement was a division of and Penalties Act, 15 U.S.C. 16(b) markets in violation of Section 1 of the UNITED STATES DISTRICT COURT FOR (‘‘AAPA’’), plaintiff, the UNITED THE DISTRICT OF COLUMBIA Sherman Act, 15 U.S.C. 1. Because the STATES OF AMERICA, acting under Cargill/Continental acquisition In the matter of: United States of America, the direction of the Attorney General, agreement prohibited Continental from Plaintiff, v. Cargill, Incorporated, and hereby files comments received from re-entering the grain distribution Continental Grain Company, Defendants, members of the public concerning the Civil Action No. 99–1875 (GK). business for five years, the Complaint proposed Final Judgment in this civil charged that it gave Cargill more time UNITED STATES RESPONSE TO PUBLIC antitrust suit and the Response of the than would be reasonably necessary to COMMENTS United States to those comments. gain the loyalty of former Continental Communications with respect to this I. Factual Background suppliers and customers, and therefore, document should be addressed to: Roger W. the agreement constituted an unlawful Fones, Chief; Donna N. Kooperstein, A. The Parties to the Transaction division of markets. Assistant Chief; Robert L. McGeorge, Michael P. Harmonis, Attorneys; Transportation, Cargill, Incorporated (‘‘Cargill’’) and D. The Proposed Settlement Energy & Agriculture Section, Antitrust Continental Grain Company Division, U.S. Department of Justice, 325 (‘‘Continental’’) are grain traders. They The Department, Cargill, and Seventh Street, NW, Washington, DC 20530, employ grain distribution networks— Continental filed a joint stipulation for (202) 307–6361. primarily composed of country entry of a proposed Final Judgment February 11, 2000. elevators, rail terminals, river elevators, settling this action on July 8, 1999. In Table of Contents and port elevators—to buy grain from each of the nine markets where the farmers and other suppliers, store it, and Department has determined that the I. Factual Background consolidation of competing Cargill and A. The Parties To The Transaction move it to their domestic and foreign B. The Proposed Acquisition customers. In addition, both firms are Continental grain elevators would give C. The Complaint engaged in related businesses such as grain companies the power to artificially D. The Proposed Settlement grain processing and cattle feeding. depress the price of grain that they pay E. Compliance With Antitrust Procedures farmers and other suppliers, the Final And Penalties Act B. The Proposed Acquisition Judgment requires the divesture of II. Legal Standard Governing The Court’s On October 9, 1998, Cargill entered either the Cargill grain elevator or the Public Interest Determination into an agreement with Continental to Continental grain elevator serving that III. Summary Of Public Comments IV. The Department’s Analysis Of The acquire its gain trading business (conducted by Continental’s Commodity 1 For corn futures contracts, CBOT-authorized Transaction delivery points are located in Chicago and on the A. The Relevant Merger Law Marketing Group). Cargill is not Illinois River as far south as Peoria; for soybean B. Framework For The Department’s acquiring Continental’s processing or contracts, these facilities are in Chicago and along Competitive Analysis finance divisions, which Continental the entire length of the Illinois River.

VerDate 202000 17:58 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm08 PsN: 24MRN3 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 15983 market. The Final Judgment also E. Compliance With Antitrust 1982), aff’d mem. sub nom. Maryland v. requires divestitures of elevators on the Procedures and Penalties Act United States, 460 U.S. 1001 (1983). Illinois River to ensure that To date, the parties have compiled The United States Court of Appeals concentration among firms controlling with the provisions of the Antitrust for the District of Columbia has noted CBOT-authorized delivery points does Procedures and Penalties Act as follows: that ‘‘constitutional questions * * * not provide opportunities for (1) The Complaint and proposed Final would be raised if courts were to subject manipulation of CBOT corn and Judgment were filed on July 8, 1999; the government’s exercise of its soybean futures contracts. (2) Defendants filed settlement prosecutorial discretion to non- Continental’s divestitures to preserve pursuant to 15 U.S.C. 16(g) on July 19, deferential review.’’ Massachusetts Sch. competition for the purchase of grain 1999. of Law at Andover, Inc. v. United States, from farmers and other suppliers (3) The Competitive Impact Statement 118 F.3d 776, 783 (D.C. Cir. 1997) include: (‘‘CIS’’) was filed on July 23, 1999; (citing United States v. Microsoft Corp., • Its river elevator at Lockport, Illinois; (4) The proposed Final Judgment and 56 F.3d 1448, 1457–59 (D.C. Cir. 1995). • Its river elevator at Caruthersville CIS were published in the Federal Rather, the district court should review (Cottonwood Point), Missouri; Register on August 12, 1999, 64 F.R. the proposed Final Judgment ‘‘in light of • Its rail elevator at Salina, Kansas; 44,046 (1999); the violations charged in the complaint • Its rail elevator at Troy, Ohio; (5) A summary of the terms of the and * * * withhold approval only [a] if • Its port elevator at Stockton, California; proposed Final Judgment and CIS was any of the terms appear ambiguous, [b] and published in the Washington Post, a if the enforcement mechanism is • Its port elevator at Beaumont, Texas. newspaper of general circulation in the inadequate, [c] if third parties will be Prior to entering into the proposed District of Columbia, for seven days positively injured, or [d] if the decree Final Judgment, Continental also during the period August 10, 1999 otherwise makes ‘a mockery of judicial terminated its minority interest in a through August 16, 1999; power.’ ’’ Id. at 783 (quoting Microsoft at river elevator at Birds Point, Missouri. (6) The sixty-day period specified in 1462). Accordingly, no divestitures were 15 U.S.C. 16(b) commenced on August With this standard in mind, the Court required to protect competition in this 12, 1999 and terminated on October 12, should review the comments of market. 1999; members of the public concerning the In order to protect against (7) The United States hereby files the proposed Final Judgment and the manipulation of CBOT futures markets, comments of members of the public and United States’ Response to those Continental was required to divest its the Nebraska Attorney General’s amicus comments. As this Response makes 2 Chicago port elevator. brief (bound separately as Appendix A) clear, entry of the proposed Final Cargill’s divestitures to preserve together with the Response of the Judgment is in the public interest. competition for the purchase of grain United States to the comments and from farmers and other suppliers were: brief, pursuant to 15 U.S.C. 16(b); and III. Summary of Public Comments • Its river elevator at East Dubuque, Iowa; (8) The United States will move this Sixty-seven individuals, eight public • Its river elevator at Morris, Illinois; and Court for entry of the Final Judgment officials, and nineteen organizations • Its port elevator at Seattle, Washington after the comments and the Response expressed their views on the proposed (with the option to retain its port elevator at are published in the Federal Register. Final Judgment. These comments and Seattle if it does not acquire the Continental The Final Judgment cannot be entered questions are summarized below. port elevator at Tacoma). before the publication. 15 U.S.C. § 16(d). Sixty-five individual farmers filed In addition, the Final Judgment II. Legal, Standard Governing the comments. Some are disappointed requires Cargill to enter into a Court’s Public Interest Determination because they believe the transaction throughput agreement making one-third does nothing to raise the prices they of the daily loading capacity at its Upon the publication of the public receive when they sell their grain. Havana, Illinois River elevator available comments and this Response, the Others are concerned that the markets in to an independent grain company to United States will have fully compiled which they sell their grain have become avoid undue concentration among firms with the APPA. After receiving the so concentrated that the grain controlling CBOT delivery points.3 United States’ motion for entry of the companies will be able to depress prices The proposed Final Judgment also proposed Final Judgment, the Court paid to farmers for their grain. Still prohibits Cargill from acquiring any must determine whether it ‘‘is in the others are concerned that Cargill will be interest in the facilities to be divested by public interest.’’ 15 U.S.C. 16(e). In able to monopolize ‘‘specialty or niche’’ Continental pursuant to the proposed doing so, the Court must apply a markets or lessen competition in grain Final Judgment or the river elevator at deferential standard and should futures markets. Finally, some of the Birds Point, Missouri in which withhold its approval only under very commenting farmers believe there Continental formerly held a minority limited conditions. As Judge Greene should be a complete ban on mergers interest. observed in the AT&T case: and acquisitions in the agribusiness Finally, the proposed Final Judgment If courts acting under the Tunney Act sector. prohibits the non-compete provision of disapproved proposed consent decrees Congresswoman Jo Ann Emerson, the Cargill/Continental agreement from merely because they did not contain the Missouri Attorney General Jeremiah remaining in force for more than three exact relief which the court would have Nixon, and several farm organizations, years. imposed after a finding of liability, defendants would have no incentive to including the Missouri Farm Bureau Federation, Missouri Soybean 2 Continental’s divestiture of its Lockport river consent to judgment and this element of elevator is a remedy for concentration among compromise would be destroyed. The Association, and Permiscot County authorized CBOT delivery stations, as well as consent decree would thus as a practical Farm Bureau, addressed their comments remedy for concentration among grain buyers in matter be eliminated as an antitrust to Section IV(D) of the proposed Final that area. enforcement tool, despite Congress’ directive Judgment, which directs Continental to 3 Cargill’s divestiture of its Morris facility serves that it be preserved. divest its river elevator at Cottonwood to protect against CBOT concentration problems, as well as concentration among buyers of grain in that United States v. American Tel. & Tel. Point, Missouri, near Caruthersville. market. Co., 552 F. Supp. 131, 151 (D.D.C. After noting that Bunge Corp. is one of

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 15984 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices the major grain purchasers in the rethink antitrust analysis in the farm Several farm, rural-life, and religious vicinity of Cottonwood Point, these sector to give greater consideration to groups voice concerns about general commentators urge the Department of non-economic concerns. levels or market concentration in Justice not to permit divestiture of the John W. Helmutch, an agricultural agriculture industries. These groups Cottonwood Point facility to Bunge. economist, filed a comment that set include the American Agriculture New Mexico Attorney General forth his suggested analytical framework Movement, Animal Welfare Institute, Patricia Madrid has no opposition to the for the Department’s use in analyzing Clean Water Action Alliance, Farmland proposed Final Judgment, although she the transaction. In his view, it is Co-op Inc., Institute for Agriculture and is concerned about there being one less essential for the Department to assess Trade Policy (‘‘IATP’’), Kansas significant competitor in the national market concentration, the extent of Cattlemen’s Association, Minnesota grain trading market after the information available to grain traders Catholic Conference, National Catholic transaction. Attorney General Madrid, and farmers in the market, and the Rural Life Conference, and the Office of therefore, urges the Department to potential adverse competitive effects on Hispanic Ministry. In the main, they actively advocate administrative and grain futures markets and other believe the Department’s analysis does legislative actions that will invigorate agribusinesses beyond grain trading, not adequately consider concentration competition in the agricultural sector of such as livestock markets. Mr. Helmuth in agriculture markets beyond grain our economy. asks if we have made these assessments. buying. In their view, these non-grain Minnesota Attorney General Mike A.V. Krebs believes the Department’s markets are already too concentrated, Hatch believes the proposed Final analysis is deficient because it fails to and so Cargill ought not be permitted to Judgment does not go quite far enough consider whether the transaction will acquire Continental under any to ameliorate antitrust concerns raised permit Cargill to force its own circumstances. by the transaction. He is concerned that standards, practices, marketing The Kansas chapter of the National grain markets are already too highly arrangements, and prices on farmers, Farmers Organization (NFO) expressed concentrated and that agriculture processors, and merchandisers in grain concern about declining grain ‘‘basis industries, in general, are experiencing markets throughout the United States. levels.’’ Thus, they are concerned that high rates of vertical consolidation. Kansas farmers will receive lower prices Professor C. Robert Taylor of Auburn Under the circumstances, Attorney for their grain after the transaction. The University is concerned that the General Hatch recommends that the Kansas NFO did not address the Department did not adequately consider proposed Final Judgment be modified to adequacy of the proposed Final the extent of vertical integraiton in the prohibit Cargill from acquiring any Judgment. other of its competitors in grain export, agricultural sector. Minnesota and National Farmers Union (‘‘NFU’’) transport, and storage markets. Nebraska Attorneys General Mike Hatch filed comments opposing the Nebraska and South Dakota Attorneys and Don Stenberg and Catholic Charities transaction because the transaction does General Don Stenberg and Mike Barnett of Sioux Cit, Iowa voice the same not increase competition in grain the issue with the relevant geographic concernin their comments. markets. NFU also believes the markets as defined in the Complaint. Jon Lauck, writing on behalf of the proposed Final Judgment is deficient They believe the Department of Justice Organization for Competitive Markets because it does not ensure that divested should not have focused on overlapping (‘‘OCM’’), filed a comment that was facilities will remain competitive. NFU draw areas for country, rail, river or port critical of the Department’s analysis in also believes the proposed Final areas, but rather suggest the relevant several respects. OCM states that the Judgment fails to address the roles market should be enlarged to include Department’s analysis failed to consider: played by Cargill and Continental in the entire United States or even the rest (1) The impact of concentration in export markets. of the world. Given that Cargill and agriculture markets other than grain Rural Life Office of Dorchester, Iowa Continental are two of our nation’s buying; (2) the continuing potential for expressed concern that the transaction largest grain trading companies, these— anticompetitve behavior in the post- may facilitate Cargill’s exercise of Attorneys General are of the view that merger market; (3) whether the divested market power in ‘‘organic and the two firms should not be permitted facilities will continue to be competitive specialty’’ markets. to merge under any circumstances. In forces in the hands of new owners, Women Involved in Farm Economics addition, Attorney General Stenberg’s particularly if the new owners do not (‘‘WIFE’’) is concerned that the comments in his amicus brief mirror have a ‘‘network’’ of elevators that buy transaction as proposed, by unifying the many of the concerns expressed by the grain; (4) the impact on potential entry second and third largest grain traders in Organization for Competitive Markets, into grain buying markets; (5) the Nebraska, might depress grain prices to discussed infra. ramifications of competition in overseas Nebraska farmers and permit Cargill to North Dakota Attorney General Heidi grain markets; (6) the implications of control their export market. WIFE did Heitkamp filed a comment expressing economic disorganization of farmers not object to the proposed Final her appreciation for the ways in which which can be exploited by powerful Judgment. this law suit has preserved competition buyers; (7) information disparities in for farmers at the local level in North agriculture markets; (8) the lack of IV. The Department’s Analysis of the Dakota. She, nevertheless, remains benefits of the merger; (9) a range of Transaction concerned about powerful statutes that Congress intended courts to We begin our response to public concentrations of agribusiness firms that consider when making decisions about comments with an overview of the legal North Dakota farmers must face. Based agriculture markets; and (10) that the standards for analyzing mergers and on that concern, she suggests that the consent decree risks leaving farmers acquisitions, our investigation of Department should reconsider the without an effective outlet for legal Cargill’s proposed acquisition of adequacy of divestitures required by the redress. OCM’s conclusion is that the Continental’s commodity marketing proposed Final Judgment and instead, proposal Final Judgment is not an business, and our analysis of the seek to enjoin the transaction in its adequate remedy and that the relevant competitive issues in this case. entirety. In particular, Attorney General transaction should be prohibited in its Thereafter, we respond to specific Heitkamp thinks the time has come to entirety. points raised by commentators.

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A. The Relevant Merger Law B. Framework for the Department’s given region, that region is defined as Section 7 of the Clayton Act, 15 Competitive Analysis the relevant geographic market. Id. at U.S.C. 18, prohibits mergers and As the case law suggests, the core 1.21. If, on the other hand, the evidence acquisitions whose effect may be issue in competition analysis is whether shows that a sufficient number of substantially to lessen competition ‘‘in the proposed transaction likely would customers would switch to products or any line of commerce * * * in any create or enhance market power or services provided at locations outside section of the country.’’ The purpose of facilitate its exercise. This investigation the region to make such a price increase Section 7 is to prevent acquisitions or focused on both monopoly and unprofitable, those locations are also mergers before they create harm. ‘‘ ‘The monopsony issues (that is, whether included in the geographic market. Id. intent here * * * [is] to cope with Cargill would likely gain market power This process continues until a group of monopolistic tendencies in their through its acquisition of Continental’s locations is identified for which a small incipiency and well before they have grain trading business in its roles as a but significant and nontransitory price attained such effects as would justify a seller or as a buyer of grain). increase would be profitable. Id. Sherman Act proceeding.’ ’’ Brown Shoe Co. v. United States, 370 U.S. 294, 318 1. Monopoly Analysis Once the relevant product and n. 32 (1962) (quoting S. Rep. No. 81– The Horizontal Merger Guidelines, geographic markets are defined, 1775 at 4–5). which outlines the Department’s Department staff must evaluate the The antitrust laws apply to the enforcement policy for horizontal competitive impact of the proposed exercise of market power over sellers acquisitions and mergers subject to acquisition. A merger is likely to be (monopsony power), just as they do to Section 7 of the Clayton Act, define problematic if the merged firms are two the exercise of market power over market power in monopoly situations as of a relatively small number of sellers in buyers (monopoly power).4 See the ability of a seller profitably to the market. Under these circumstances, Mandeville Island Farms v. American maintain prices above competitive the merged firm may gain unilateral Crystal Sugar Co. 334 U.S. 219, 235–44 levels (or to reduce quality or service power to raise prices, or the existence of (1948) (a case arising under Sections 1 below competitive levels) for a only a few other firms in the market and 2 of the Sherman Act). Section 7, in significant period of time. Horizontal may facilitate tacit collusion. particular, applies to monopsony power Merger Guidelines at § 0.1. An gained via acquisitions or mergers. See acquisition can facilitate the exercise of 2. Monopsony Analysis United States v. Rice Growers Ass’n of market power by increasing the As a general proposition, the analysis California, 1986 WL 12562 (E.D. Cal. likelihood of coordinated interaction 1986) (acquisition by one miller of of competitive issues in monopsony among competing firms or by creating a cases is the mirror image of the more another found to lessen competition in market structure in which firms find it purchase of California paddy rice); common analysis of competitive issues profitable to unilaterally raise prices or in monopoly cases.5 For example, United States v. Pennzoil Company, 252 reduce output. See id. at § 2. instead of determining whether the F. Supp. 962, 981–985 (W.D. Pa. 1965), To determine whether the proposed merging firms are two of a small number (merger found to lessen competition in acquisition would create, enhance or purchase of Penn Grade crude oil). facilitate the exercise of market power, of sellers in the relevant product and To predict whether an acquisition Department staff first had to define the geographic market, and whether the may substantially lessen competition or markets within Cargill and Continental merged firm would gain sufficient tend to create a monopoly, the compete. Under the Horizontal Merger market power to raise prices to reviewing court must determine: (a) The Guidelines, a market is defined as a set consumers, monopsony analysis focuses ‘‘line of commerce’’ or product market of products or services within a on whether the merging firms are two of in which to assess the transaction, (b) geographic area such that a hypothetical a small number of buyers in the relevant the ‘‘section of the country’’ or monopolist could profitably impose a product and geographic market, and geographic market in which to assess ‘‘small but significant and whether the merged firm would gain the transaction, and (c) the acquisition’s nontransitory’’ price increase or sufficient market power to depress probable effect on competition in the decrease. Id. at § 1.0. prices paid to its suppliers. Likewise, product and geographic markets. The If the evidence shows that a instead of determining whether the probable effect often can be assessed by hypothetical monopolist of any given buyers could defeat an attempt by a determining the level of concentration product or service profitably could monopolist to increase prices by a small based on the market shares of the parties impose such a price increase, that but significant and non-transitory to the proposed transaction and their product or service is defined as the amount by switching to alternative competitors in the product and relevant product market. Id. at 1.11. If, geographic markets. See United States v. products or alternative suppliers, the on the other hand, the evidence shows issue in a monopsony investigation is Philadelphia National Bank, 374 U.S. that a sufficient number of customers 321, 362–63 (1963). whether the sellers could defeat an would substitute other products or attempt by a monopsonist to depress services to make such a price increase 4 prices by producing other products or As noted in the U.S. Department of Justice/ unprofitable, those products or services Federal Trade Commission’s Horizontal Merger by selling their products to more distant are also included in the product market. Guidelines § 0.1 (issued 1992, revised 1997): ‘‘The buyers. unifying theme of the Guidelines is that mergers Id. This process continues until a group should not be permitted to create or enhance market of products or services is identified for power or to facilitate its exercise. Market power to which a small but significant and 5 As noted in Section 0.1 of the Horizontal a seller is the ability profitably to maintain prices Guidelines: ‘‘The exercise of market power by above competitive levels for a significant period of nontransitory price increase would be buyers (‘power’) has adverse effects comparable to time * * * Market power also encompasses the profitable. Id. those associated with the exercise of market power ability of a single buyer (a ‘monopsonist’), a Similarly, if the evidence shows that coordinating group of buyers, or a single buyer, not by sellers. In order to assess potential monopsony a monopsonist, to depress the price paid for a a hypothetical monopolist of the concerns, the Agency will apply an analytical product to a level that is below the competitive relevant product or service could framework analogous to the framework of these price * * *’’ impose such a price increase in any Guidelines.’’

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C. Overview of the Department’s and fourth aspects of the Cargill and two of a relatively small number of Analysis of Competitive Issues in This Continental grain businesses. sellers of less widely-traded Transaction commodities and that the consolidation 2. Analysis of Cargill as a Seller of of these business might give Cargill 1. Background Standard-Grade Grain Products market power as a seller of these Cargill and Continental are Cargill and Continental compete in a products. Niche grain products include international grain traders, and so the national (or international) market in super commodities (crops with specific Department’s investigation their roles as sellers of standard characteristics, such as high oil content encompassed grain markets throughout agricultural commodities. Although corn), special commodities (crops that the world. In the course of this they are big grain companies in absolute are not widely traded, such as white investigation, conducted by a team of terms, they have relatively small shares corn), and organic crops. approximately twenty lawyers, of the output markets in which they Our investigation determined, paralegals, and economists, the compete. One way to assess however, that there are no niche Department’s staff: reviewed over 400 concentration among grain traders is product market sin which Cargill and boxes of documents furnished by Cargill grain storage capacity.6 By this measure Continental are two of a relatively small and Continental pursuant to our second of concentration, collectively they had number of competitors. Consequently, request discovery procedures; deposed less than eight percent of total U.S. off- we concluded that the transaction will Cargill and Continental executives; farm grain storage capacity—before the not create opportunities for Cargill to reviewed relevant legal and economic divestitures required by the Final gain sufficient market power to raise the literature; consulted with officials of the Judgment.7 prices on any of the niche products that Department of Agriculture, the Food processors, cattle feeders, and it sells. Commodity Futures Trading other buyers of agricultural 4. Analysis of Cargill as a Buyer of Grain Commission, and state attorney general commodities rely upon competition offices; and interviewed over one among a fairly large number of big grain Although Cargill and Continental hundred farmers, farm organization companies with nationwide grain compete for the sale of grain in national officials, agricultural economists, grain distribution networks and nearby and international markets, our company executives, and other regional grain companies to ensure investigation revealed that they compete for the purchase of grain in relatively individuals with knowledge of the competitive prices. Commodity prices small local or regional markets. industry and competitive conditions. tend to be fairly consistent in grain Shipping grain by truck is relatively The Department’s staff found that companies’ output markets throughout costly and time-consuming. Farmers, grain typically moves from farms to the country when adjusted for therefore, tend to truck their grain country elevators, from which it moves transportation costs. With these within limited geographic areas competitive conditions, it was not to river elevators and rail terminals, and surrounding their farms—usually to surprising that the officials from cereal then to domestic purchasers or to port buyers who operate nearby country companies, bakers, and other buyers of elevators for export to the rest of the elevators or to buyers who operate river, wheat, corn, and soybeans whom we world. We found that Cargill and rail or port elevators if their farms are interviewed consistently indicated that Continental often compete with each fairly close to those facilities. Operators they thought the transaction would not other at various stages of their grain of river elevators and rail terminals may give Cargill the power to raise prices for distribution networks as they buy, store, transport grain farther distances to standard commodities. distribute, and sell agricultural buyers who operate port elevators and commodities. Accordingly, the In summary, our investigation domestic processing plants—reflecting investigation encompassed all aspects of determined that the relevant geographic the relatively low cost of transporting their worldwide grain businesses in market for grain companies’ sale of grain bulk commodities long distances by rail order to identify any portions of their is at least as broad as the national or barge as compared with truck respective grain distribution networks market. With a combined Cargill/ transportation. The draw area of one where they compete with each other. Continental share of less than eight grain company’s country, river, rail or In our investigation, we focused on percent of that market, it is highly port elevator overlaps the ‘‘draw area’’ the use of these grain distribution unlikely that this transaction could of a competing elevator if their facilities networks to facilitate four different create or enhance market power for are close enough to each other so that aspects of the grain business: sellers of these commodities to any the costs of shipping grain to the two 1. Selling standard grades of grain appreciable degree. elevators are not significantly different. (Primarily, corn, wheat and soybeans); 3. Analysis of Cargill as a Seller of During the course of our investigation, 2. Selling less widely-traded grain Speciality Products the Department reviewed every local or products (super commodities, special regional market in which Continental commodities, and other niche products); Although we concluded that this competed with Cargill for the purchase 3. Buying grain; and transaction would not give Cargill or of grain before the transaction. 4. Providing elevator services at other grain companies market power as Department staff began this process by delivery facilities that are designated by a seller of standard grade grain identifying every geographic market in the CBOT for the settlement of corn and products, we considered the possibility which Cargill and Continental operate that Cargill and Continental might be soybean futures contracts. facilities with overlapping draw areas.8 As to the first two categories, the We then determined how many grain 6 Market share data is difficult to obtain and not investigation indicated that the entirely reliable in this industry. One limitation of companies other than Cargill and transaction would not create market this measure of concentration is the ‘‘double power in the sale of these products; and counting’’ problem that occurs when a firm handles 8 At this stage of the process, we eliminated only very few of the public comments dealt the same bushel of grain several times—for the Continental elevators that are located so far example, when it buys wheat at a country elevator, away from the nearest Cargill elevator that it is with these aspects of the grain business. transfers it to its rail terminal and subsequently its inconceivable that the Continental elevator and Most of the comments concerned the flour mill, and sells it to a baker. nearest Cargill elevator might be drawing an Department’s conclusions on the third 7 See section V(B) of this Response. appreciable amount of grain from the same farmers.

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Continental operated grain elevators in created or enhanced the ability of grain each of those markets and conducted Continental Facilities Acquirer companies to exercise monopsony detailed and specific analyses of all of Lockport, IL river el- Louis Dreyfus Cor- powers in those geographic markets. the approximately three dozen local or evator. poration. Cargill’s acquisition of Continental’s regional markets that are served by less Caruthersville, MO Louis Dreyfus Cor- CBOT-authorized delivery points would than twelve grain company elevators. river elevator. poration. have resulted in undue concentration of Salina, KN rail eleva- Declined to renew The analysis for each of these tor. its lease. these facilities and increased geographic markets included interviews Troy, OH rail eleva- Mennel Milling opportunities for manipulations of of farmers, officials of farm tor. Company CBOT futures markets. And, the non- organizations, independent elevator Beaumont, TX port Louis Dreyfus Cor- compete provision of the Cargill/ operators, and other people with elevator. poration. Continental agreement would have knowledge of these local and regional Stockton, CA port el- Penny Newman harmed competition by unduly markets, determinations of local or evator. Grain Co. restricting Continental’s right to re-enter regional grain transportation costs, and Birds Point, MO Terminated minority 9 the grain trading business in the future. other relevant information about river elevator . interest. Cargill Facilities Acquirer The Department has concluded that competitive conditions in these markets. East Dubuque, IL Consolidated Grain the restructuring of the transaction as We concluded that sufficient numbers river elevator. & Barge. required by the proposed Final of competitive grain buyers would Morris, IL river ele- Louis Dreyfus Cor- Judgment resolves these competitive remain after the consolidation of the vator. poration. concerns. The divestitures required by Cargill and Continental elevators in Seattle, WA port ele- Louis Dreyfus Cor- the Final Judgment should preserve the vator. poration. most of those local or regional markets competitive conditions that existed 9 The proposed Final judgment does not to make it highly unlikely that grain before the acquisition and ensure that companies could gain the power to require a divestiture of the Birds Points fa- cility since Continental terminated its mi- farmers in the affected markets will depress the prices they pay for grain. nority interest in that facility before the exe- continue to have effective alternatives to In nine local or regional markets, cution of that settlement agreement. Cargill when selling their crops. The however, farmers located within the 5. Analysis of Cargill as an Operator of entry of new operators of CBOT- overlapping Cargill/Continental draw authorized delivery stations should areas depend on competition among River Elevators Designated by CBOT for Settlement of Futures Contracts prevent manipulation of CBOT corn and Cargill, Continental, and only a few soybean futures markets. And, the other grain companies to obtain a Our investigation indicated that the requirement that the non-compete competitive price for their grain. acquisition would give Cargill and one provision of the Cargill/Continental Cargill’s acquisition of Continental’s other firm approximately 80% of the agreement remain in force for no more elevators in these markets, therefore, authorized delivery capacity for than three years should ensure that could create sufficient market power to settlement of CBOT corn and soybeans Cargill does not preclude continental’s enable the few grain companies futures contracts. In the light of these re-entry into the grain distribution competing in those markets to depress market shares and other market business for longer than is required to grain prices. information, we determined that give Cargill a fair opportunity to gain Sections VI and VII of the Complaint Cargill’s acquisition of Continental the loyalty of former Continental refer to these overlapping Cargill/ would make it easier for Cargill suppliers and customers. Continental draw areas as ‘‘captive draw unilaterally, or in coordination with the areas.’’ This term identifies highly few remaining firms in the corn and V. The Department’s Responses to concentrated markets in which Cargill soybean futures markets, to manipulate Specific Comments and Continental are two of a relatively corn and soybean futures contracts in small number of grain buyers and in violation of section 7 of the Clayton Act. We now turn to the comments that which the transaction is likely to create The divestitures of Continental’s raise questions about our analysis or or enhance monopsony market power Lockport river elevator and Cargill’s that suggest relief different or for: operators of port elevators in the Morris river elevator are needed to supplemental to that contained in the Pacific Northwest port range; operators prevent the loss of competitors that proposed Final Judgment. Copies of this of port elevators in the central California otherwise would have occurred as a Response without appendix are being port range; operators of port elevators in result of consolidation among operators mailed to all who filed comments. the Texas Gulf port range; operators of of delivery facilities authorized for the A. Remedy river elevators along the Illinois and settlement of CBOT corn and soybean Mississippi rivers; and operators of rail futures contracts. Further divestitures Several commentators questioned terminals in the vicinities of Salina, required by the Final Judgment to whether the acquirers of the divested Kansas and Troy, Ohio. remedy these concerns include facilities would be competitive.10 The In order to prevent the loss of Continental’s Chicago port elevator and proposed Final Judgment sets forth competition for the purchase of grain one-third of the capacity of Cargill’s procedures designed to ensure that the that would result from Continental’s river elevator at Havana, Illinois. firms that acquire the divested facilities exit from these markets, the Department will vigorously compete to buy grain insisted that Cargill divest either its 6. Summary of the Department’s from farmers in their geographic elevator or Continental’s elevator in the Competitive Analysis markets. markets to a new entrant who would In summary, the Department found Pursuant to the proposed Final operate the facility as a grain elevator that Cargill’s acquisition of Judgment, Cargill and Continental and compete for the purchase of grain Continental’s Commodity Grain provided widespread notice of the from farmers in the facility’s draw area. Marketing Group, as originally availability of the facilities that they Cargill and Continental have divested, structured, would violate the antitrust were required to divest in newspapers or are in the process of divesting, the laws. Cargill’s acquisition of grain following facilities: elevators in nine local or regional 10 Minnesota Attorney General Mike Hatch, South markets in which there are relatively Dakota Attorney General Mark Barnett, National small numbers of elevators operated by Farmers Union, and Western Organization of other grain companies would have Resource Councils.

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We required that the proposed their crops more than about twenty to interest in the facilities to be divested,11 acquires (Louis Dreyfus at Morris and thirty miles beyond the nearest grain and now have entered into definitive Lockport, NIDERA at Chicago, and elevator to get a small, but significant, agreements to divest all of the facilities Prairie Central at Havana) demonstrate increase in the price paid for his grain. that they were required to transfer to that they satisfy all requirements for In this case, therefore, it was new entrants under the terms of the obtaining CBOT designation as an appropriate to focus our monopsony Final Judgment. authorized delivery point (including analysis on local or regional markets To ensure that the new entrants have CBOT’s financial standards) in addition consisting of areas in which: (a) Cargill the capability to compete with Cargill to the criteria established for the other and Continental had elevators that were and other incumbent grain companies in divestitures. close enough to each other to compete their markets, the United States Turning to one specific local market, for the purchase of grain originating in reviewed the proposed divestiture Congresswoman Jo Ann Emerson, their overlapping draw areas; and (b) agreements, obtained further several farm groups, and one individual there were a relatively small number of information from the proposed farmer in southeastern Missouri competitors near enough to the Cargill acquirers, and conducted an cautioned against allowing Bunge Corp, and Continental facilities to be independent investigation into the to acquire the Continental river elevator reasonable outlets for farmers located in background and capabilities of the at Caruthersville (Cottonwood Point), the overlapping Cargill/Continental proposed acquirers. Under the Final Missouri because Bunge is already one draw areas. These are the markets in Judgment, the United States has the sole of the major grain buyers in that local which the transaction could create right to disapprove any prospective market.13 The United States agrees with market power if too few competitors acquirer if it concludes that the their analysis. Bunge will not acquire remained after Cargill acquired nearby proposed acquirer might not operate the that facility; instead it will be acquired Continental grain elevators. divested facility as part of a viable, by Louis Dreyfus. Our investigation began with an ongoing business. The Department’s B. Market Definition examination of all local or regional investigation indicated that each of the markets in which Cargill and Several commentators argue that the proposed acquirers has the financial Continental operated grain elevators United States failed to recognize that capability, expertise, and incentive to that were close enough together to Cargill and Continental operate on a become a vigorous, independent compete for the purchase of grain from national scale and to realize that this competitor in the relevant market. Louis the same farmers. After eliminating the transaction would concentrate the Dreyfus and Consolidated Grain & Barge local or regional markets served by national grain market for the purchase are major grain companies who will use relatively large numbers of other grain and sale of grain.14 We believe that we these acquisitions to expand into company elevators, we found that used the correct market definitions in markets that they do not presently serve. Cargill and Continental were two of a our competitive analysis. Mennel and Penny Newman are smaller, relatively small number of grain but they are experienced grain traders Under standard antitrust analysis (as applied to monopsony cases), we companies who competed for the who presented sound business plans for purchases of grain in nine local or assimilating the Troy rail elevator and determine the boundaries of relevant geographic markets by determining regional markets and concluded that the Stockton port elevator in their transaction would have created respective grain distribution businesses. whether it would be profitable for the only buyer of grain in the geographic monopsony market power in those In summary, the divested facilities markets. will be controlled by new entrants with market to depress the price that farmers receive for their grain by a small, but Not one of the comments that we the background, expertise, and incentive received indicated that we overlooked a to compete effectively for the purchase significant, and non-transitory amount. In this case, the farmer’s alternatives specific local or regional market in of grain produced in these markets. which the transaction was likely to With these divestitures, therefore, it is International Salt Co. v. United States, 332 U.S. create competitive problems. Instead, not likely that this transaction will 392, 401 (1947)). The proposed Final Judgment the commentators who said that we create or enhance the exercise of market meets these criteria by preserving competition in overlooked a relevant geographic market power by Cargill or other grain domestic grain markets, as it existed prior to the directed our attention to national, companies enabling them to depress transaction. In the absence of any evidence to indicate that the transaction raises antitrust international or export markets. prices paid to farmers for their crops in concerns elsewhere, there is no basis for prohibiting If the relevant geographic market were 12 any market. Cargill ‘‘from acquiring any other direct competitors nationwide, we would have been forced in grain export, transport, and storage markets,’’ as to conclude that the transaction is not 11 As a further indication of widespread interest suggested by Minnesota Attorney General Mike likely to lessen competition among grain in the divested facilities, the number of potential Hatch. If Cargill were to attempt to acquire acquirers who obtained detailed information competitors in additional markets, the Department buyers. Using total U.S. off-farm grain pursuant to confidentiality agreements ranged from will have the opportunity to investigate those elevator capacity as a measure of market thirteen (for the Seattle port elevator) to twenty-one acquisitions and to seek remedies for any share in the grain distribution industry, (for the Morris and Caruthersville river elevators). transactions that violate the antitrust laws. Cargill had about a 5.7% share of the 12 Antitrust relief should ‘‘ ‘cure the ill effects of 13 Missouri Farm Bureau Federation, Missouri the illegal conduct, * * * assure the public Soybean Association, Pemiscot County Farm market and Continental about 1.2% freedom from its continuance,’ * * * and it Bureau, and Clyde Southern. necessarily must ‘fit the exigencies of the particular 14 Nebraska Attorney General Don Stenberg, 15 The cost of shipping grain from farm to grain case.’ ’’ See Ford Motor Company v. United States, South Dakota Attorney General Mark Barnett, elevator is more relevant than the distance from 405 U.S. 562, 575 (1972) (quoting United States v. National Farmers Union, WIFE, and Reena farm to grain elevator, but cost and distance are United States Gypsum, 340 U.S. 76, 88 (1950)) and Kazmann. roughly proportionate to each other in most cases.

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Cargill’s Power Over Price organization officials, grain company combined capacity was reduced by the Many of those who file documents are executives, and other people who rely divestitures required under the Final concerned that Cargill may have the on futures markets, and extensive Judgment).16 The combined share of less power to depress grain prices paid to consultations with officials from the than eight percent of the market is far farmers after it acquires Continental.18 Commodity Futures Trading below any appropriate threshold for We too had that concern, and as Commission (CFTC). suggesting that this transaction is likely explained in section IV of this We concluded that the transaction, as to significantly lessen competition memorandum, we concluded that the originally structured, would have given among grain buyers. Thus, the acquisition as originally proposed Cargill and Archer Daniels Midland Co. combined Cargill/Continental share of would have adversely affected farmers (ADM) approximately eighty percent of the national grain market masks the in local or regional markets who had no the delivery capacity for the settlement anticompetitive effects of this reasonable choice but to sell their grain of CBOT corn and soybean futures transaction, as originally structured, at to Cargill, Continental, and only a few contracts, thereby increasing the local or regional level. other grain companies. As explained in opportunities for manipulation of those section V(A) of this memorandum, the futures markets. Under the transaction, Other commentators suggest that the divestitures required by the proposed as originally structured, Cargill would U.S. grain export market may be a Final Judgment protect those farmers. have acquired eight Continental relevant market.17 Cargill and Only if the Court were not to require the elevators that were authorized to accept Continental are two of the United States’ divestitures set forth in the proposed deliveries for the settlement of CBOT largest agricultural exporters (with Final Judgment would grain companies corn and soybean futures contracts. The combined export market shares of about gain the power to depress prices paid to proposed Final Judgment requires the 40% for corn, 30% for soybeans, and farmers and other suppliers in these divestiture of three CBOT-authorized 25% for wheat); but, U.S. export market markets.19 delivery stations on the northern shares are not meaningful indications of portion of the Illinois river— concentration in any relevant grain D. Futures Markets Continental’s port elevator at Chicago, output market.The customers for Cargill Several comments stated that the Continental’s river elevator at Lockport, and Continental U.S. grain exports (i.e., United States failed to consider the and Cargill’s river elevator at Morris. In grain buyers in foreign countries) rely impact of the transaction on futures addition, Cargill is required to make on competition among relatively large markets.20 In fact, we devoted one-third of its loading capacity at a numbers of U.S. and foreign grain considerable attention to that issue. Our fourth facility—its Havana river sellers. These sellers include Cargill, analysis of the futures issue included elevator—available to an independent Continental, other big international reviews of all agricultural futures grain company under a throughput grain traders, such as Bunge, Louis markets and economic literature on the agreement in order to gain an additional Dreyfus, Peavey (a division of ConAgra), subject, interviews of farmers, farm facility on the southern portion of the and ADM, smaller regional grain Illinois River for the settlement of traders, and (in most cases) their own 18 Nebraska Attorney General Don Stenberg, soybean futures contracts. domestic producers. With such large South Dakota Attorney General Mark Barnett, During our review of the divestitures Animal Welfare Institute, National Catholic Rural proposed by Cargill and Continental, we numbers of competing sellers in these Life Conference, and Office of Hispanic Ministry, markets, it is not likely that this Greta Anderson, Vivian Anderson, Kay Barnes, reviewed the prospective acquirers’ transaction will create or enhance Isabelle Barth, Mary Beckrich, Amanda Bray, Loris backgrounds to ensure that they had the monopoly market power. von Brethorst, Marilyn Borchardt, Mike Callicrate, requisite financial and operational G.M. Carlson, Mary Casserand, Laurie Chancellor, capabilities and incentives to become Cargill and Continental port elevators Donald B. Clark, Roger and Shari Cummings, Peggy B. Daugherty, Lyman and Darline Denzer, Steve vigorous independent competitors. In were a major focus of our investigation, Dewell, C.K. Dresae, Llewellyn and Karen cooperation with officials from the but not because of their impact on Engelhart, Dan and Judy Gotto, Bob Gregory, Mary CFTC, we also obtained credible buyers in foreign markets. We devoted Hargrafen, Minnesota AG Mike Hatch, Veron E. assurances that the acquirers could substantial efforts to the investigation of Heim, John W. Helmuth, Barbara Hook, Jeff Horejsi, Robin Kleven, Riley Lewis, Todd Lewis, Lawrence obtain CBOT authorization to accept this level of the Cargill and Continental Marvin, Margot Ford McMillen, Darlene Milbradt, deliveries in settlement of corn and grain distribution networks because: (a) Winton Nelson, Jennifer Poole, Rae Powell, Lois soybean futures contracts. The In several port ranges, they compete Shank, Lyle D. Spencer, Ellen Stebbins, Elenor Department concluded that the with each other for the purchase of grain Steburg, Daniel J. Swartz, and Professor C. Robert Taylor. divestitures will leave sufficient CBOT- from farmers and other suppliers in 19 A.V. Krebs posed the question whether farmer authorized delivery capacity in the their port elevators’ overlapping draw and others who deal with Cargill will be forced to control of firms other than Cargill and areas; and (b) there are relatively small conform to Cargill’s standards for marketing grain ADM to protect against manipulation of numbers of other grain companies in after the acquisition. The answer is no. The proposed Final Judgment ensures that the CBOT corn and soybean futures some of those port ranges. In fact, we transaction will not create or enhance the ability of markets. found competitive problems requiring Cargill to exercise market power in domestic grain the divestiture of four of Continental’s markets. Absent market power, Cargill cannot E. Specialty Markets six port elevators. impose its will on the firms with whom it does Several commentators indicated that business. the United States failed to consider Several individual farmers and the National 16 The 1999 Grain & Milling Annual estimates Farmers Union oppose the acquisition because it whether the transaction would enable total U.S. off-farm grain storage capacity to be will not have the effect of increasing prices or Cargill to monopolize speciality or 7,938,190,000 bushels. Id. at 7. Cargill had total competition in grain markets. The goal of antitrust niche commodity markets.21 As noted in capacity of 452,399,560 bushels; Continental is to prevent transactions that would reduce section IV(B)(3) of this Response, we did 169,346,000 bushels. Id. at 21, 22. The combined existing competition. The antitrust laws provide no Cargill/Continental capacity is 7.83% of total U.S. legal basis for using the power to challenge study this issue, but our investigation off-farm grain storage capacity. proposed mergers to increase competition in any 17 Nebraska Attorney General Don Stenberg, market. 21 Minnesota Attorney General Mike Hatch, Rural South Dakota Attorney General Mark Barnett, 20 Minnesota Attorney General Mike Hatch, John Life Office, Office of Hispanic Ministry, and Roger National Farmers Union, and WIFE. W. Helmuth, and Keith Mudd. and Shari Cummings.

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No facts In summary, our investigation have arisen that lead us to believe that Several commentators express uncovered no niche product market in Cargill’s acquisition of Continental will concern about a trend toward vertical which Cargill and Continental were two harm competition in markets other than integration in agricultural industries, of a relatively small number of buyers those identified in the Complaint. and they ask if the Department gave due or sellers. Our investigation, which The Department filed the Complaint consideration to that trend.24 The encompassed all niche products and entered into the proposed Final Department is aware that some handled by either Cargill or continental, Judgment after an extensive agricultural sectors are experiencing an revealed that either: (a) They did not investigation. During this investigation, increase in vertical integration. While a compete with each other before the we examined competition and the likely trend toward integration can be transaction or (b) there were sufficient effects of the transaction in every market anticompetitive in certain numbers of other grain companies in the where both Cargill and Continental circumstances, we did not find that market to deny Cargill the opportunity provide competing products or services. such concerns are presented by the to gain monopoly or monopsony market We focused on the grain and grain Cargill-Continental transaction. power. futures markets alleged in the Vertical integration occurs when Complaint because these are the markets several stages of production, processing, F. Nebraska Grain Markets in which Cargill and Continental distribution, and marketing are brought Several members of the WIFE compete with each other and the together in one firm. In broilers, for organization in Nebraska expressed markets in which competition could example, many of the big firms are concern about the ability of Cargill to diminish after this transaction. involved in breeding, hatching, growing, depress prices paid to Nebraska farmers. We are aware of other agribusiness processing, and packaging activities. As mentioned previously, the main industries in which one or both firms Vertical integration also appears to be focus of our competitive analysis was to operate—including beef and pork increasing in other agricultural sectors. determine whether the transaction was packing, broiler and turkey production, In many circumstances, vertical likely to create sufficient market power flour and corn milling, soybean integration is actually procompetitive, for Cargill to depress prices paid to crushing, cattle feedlots, animal feed allowing firms to reduce their costs. See farmers in any local or regional market. plants, and ethanol—but none of these Herbert Hovenkamp, Federal Antitrust Since our preliminary investigation industries is affected by the transaction Policy, The Law of Competition and Its identified several markets in Nebraska since Continental is not selling its Practice, 332–36 (1994). However, there in which Cargill and Continental processing division to Cargill. Having may be circumstances in which vertical compete for the purchase of grain, we carefully reviewed the facts, the mergers raise antitrust concerns, usually devoted considerable attention to local Department has found no reason to by either increasing barriers to entry, markets within he state. After believe that the transaction would have facilitating collusion or circumventing conducting numerous interviews with an adverse impact on competition in regulation. Id. at 346–48. farmers and farm organizations in those markets other than the grain markets Since the Cargill-Continental areas, calculating local grain alleged in the Complaint. transaction is a horizontal, rather than transportation costs, and considering vertical, acquisition, it does not raise other relevant competitive data, H. Ban on All Agribusiness Mergers significant vertical issues. The however, we concluded that there were Some commentators suggest that Department did not uncover evidence no local markets in Nebraska in which current concentration levels in suggesting that the transaction, as Cargill and Continental were two of a agriculture markets justify an absolute restructured, would have relatively small number of competitors ban on mergers and acquisitions in the anticompetitive effects at any level in for the purchase of grain. In each agriculture sector.23 The antitrust laws the production chain or result in an Nebraska market where Cargill and provide no legal basis for such a ban, increase in vertical integration that Continental compete with each other for and the Department has no power to would be competitively problematic. In the purchase of grain, we found that prevent the consummation of any short, the Department was aware of, and there were sufficient numbers of transaction except to prevent or cure did consider, trends toward vertical alternative nearby buyers remaining specific violations of the antitrust laws. integration in various agricultural after the Cargill/Continental Section 7 of the Clayton Act is the sectors, but concluded that such trends consolidation to defeat any attempt by principal federal statutory provision did not provide a basis for seeking grain companies to depress prices paid dealing with mergers and acquisitions broader relief with respect to this to farmers in those areas. Accordingly, and, as explained above, it prohibits transaction. we did not seek divestitures of any grain transactions that may harm competition J. Non-economic Concerns elevators in Nebraska. in specific markets. Concentration levels are an important part of the analysis, but North Dakota Attorney General G. Concentration in Other Agriculture the ultimate test under Section 7 is Heitkamp urges the Department to go Markets beyond antitrust analysis and give Some comments express concern over 22 Nebraska Attorney General Don Stenberg, AAM greater consideration to unspecified concentration in markets other than Inc., Clean Water Action Alliance, IATP, Kansas grain—for example, markets pertaining Cattlemen’s Association, and Minnesota Catholic 24 South Dakota Attorney General Mark Barnett, Conference, Marilyn Borchardt, John W. Helmuth, AAM Inc., Animal Welfare Institute, Catholic to beef and pork packing, cattle feedlots, and Richard and Margene Eiguren. Charities, Clean Water Action Alliance, Jan broiler and turkey production, animal 23 May Beckrich, Dick Lundebreck, David Olson, Lundebrek, David Olson, and Professor C. Robert feed plants, flour and corn milling, and Professor C. Robert Taylor. Taylor.

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‘‘non-economic concerns.’’ While she Therefore, Attorney General Madrid can actually injure competition, and the does not say so directly, Attorney be sure that whenever the opportunities Department is not aware of any General Heitkamp may be suggesting present themselves—in legislation, plausible theories. that the antitrust laws be used to administrative proceedings or 2. DOJ Failed To Consider the preserve family farms. elsewhere—the Department will Our prosecution of this matter Continuing Potential for continue to promote competition in Anticompetitive Behavior in the Post- protects the interests of all farmers, large agriculture markets. and small. The proposed Final Merger Market Judgment is designed to eliminate the L. The OCM Comments OCM is concerned that the proposed risk that Cargill’s acquisition of OCS’s comments indicate that it is Final Judgment may not preserve Continental will lessen competition dissatisfied with the action taken by the competition in the relevant markets. We anywhere in the United States. Department of Justice. Apparently, OCM address this concern in the CIS at pages Department staff first identified all thinks the complaint and proposed 9–17 and in section V(A) of this markets in which Cargill and Final Judgment are too modest to deal memorandum. Continental are competitors, and then, with Cargill’s dominance, as perceived 3. DOJ Failed To Show That the in every one of these markets, assessed by OCM, in numerous agriculture Divested Remnants of Continental Will the extent to which the acquisition markets throughout the world. OCM’s Be a Competitive Force Absent a Large raises concerns about a loss of comments thus ‘‘reach beyond the Network of Elevators That Buy Grain competition that would cause complaint, to evaluate claims that the competitive problems. Ultimately, we government did not make and to inquire OCM questions whether the divested identified nine relevant markets in as to why they were not made.’’ See grain elevators will be operated by which farmers were likely to be United States v. Microsoft Corp., 56 F.3d effective competitors if the acquirers do adversely affected by the creation of at 1459. By doing so, OCM invites the not operate a large-scale network of monopsony market power that would court improperly to intrude on the facilities. This comment also goes to the enable Cargill and other grain government’s prosecutorial role. See id. issue of relief, which we address in companies to depress grain prices. On the merits, many of OCM’s section V(A) of this memorandum. Through divestitures, the proposed comments in opposition to the In addition to the points discussed in Final Judgment resolves those concerns. Department’s analysis are answered by that section, we note that operators of In addition, the Final Judgment protects the CIS itself, the rationale of which river elevators and rail terminals who against the exercise of market power to OCM has not addressed. Rather than do not have extensive distribution manipulate corn and soybean futures repeat the CIS here, we briefly deal with networks in their facilities’ draw areas prices and limits a non-compete clause OCM’s principal objections with do not have to buy their grain from that otherwise would have prevented appropriate references to relevant Cargill or other national grain Continental from re-entering the grain explanations in the CIS or elsewhere in companies—they can buy from farmers distribution business. this Response.25 and local or regional operators of As far as our investigation was able to country elevators in those markets. determine, there are no other potential 1. DOJ Failed To Consider the Wider Likewise, operators of port elevators adverse competitive effects likely to Concentration in Agricultural Markets who do not have extensive inland arise from the acquisition. The proposed Beyond Grain Buying distribution networks can buy grain Final Judgment therefore protects sellers In addition to its grain trading from independent operators of river of grain throughout the United States operations, Cargill has significant elevators and grain terminals in their from the price depressing effects that presence in beef packing, cattle feedlots, facilities’ draw areas. On the basis of otherwise could have been caused by pork packing, broiler and turkey these facts and other information that the acquisition. This outcome is production, animal feed plants, flour we learned about the acquirers and beneficial to farmers of every size, and corn milling, soybean crushing, and competitive conditions in the markets including small family farmers. ethanol production. OCM believes that where the divested facilities are located, we concluded that all of the acquirers of K. Administrative and Legislative Cargill transfers resources between these the divested facilities are likely to be Actions markets according to prevailing economic conditions.26 In OCM’s view, viable and effective competitors as a New Mexico Attorney General Madrid these transfers are bound to increase result of the elevators that they are has no opposition to the proposed Final after the transaction and, in some acquiring. Judgment. Rather, her comment urges manner, enhance Cargill’s power 4. DOJ Failed To Consider the Impact on the Department to advocate regardless of its economic performance. administrative and legislative actions Potential Entry Into Grain Buying The appropriate question for antitrust Markets that will invigorate competition in purposes, however, is whether, by agriculture markets. transferring its own assets across OCM suggests that Continental should The Antitrust Division of the industry lines as it sees fit in response be held together because it is one of the Department of Justice testifies before to changing economic conditions, few firms that has the potential to Congress on antitrust matters and Cargill’s ability artificially to depress challenge Cargill in markets that Cargill prepares written reports stating the prices will increase. OCM does not now dominates, citing United States v. views of the Department on pending or explain how such transfers could Penn-Olin Chemical Co., 378 U.S. 158 proposed legislation pertaining to (1964), for that proposition. The antitrust. Division attorneys also 25 In a separate filing, Nebraska Attorney General teachings of Penn-Olin do not apply to participate in administrative Don Stenburg shares OCM’s concerns as they are set the facts in this case. proceedings that require consideration out in points 4, 5, 6, 8, and 9 of this section. In Penn-Olin, the Supreme Court of the antitrust laws or competition 26 OCM refers to these transfers of resources considered the legality of a joint venture between markets as ‘‘cross-subsidization,’’ and policies. In these situations, the claims that they make diversified firms ‘‘even more between two chemical companies to Division often is the government’s capable of * * * anti-competitive behavior.‘‘ OCM build a sodium chlorate plant. Although principal advocate of competition. at 2–3. the joint venture would have added a

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Rather, the Department reviews building a plant, while the other would however, the number of firms that buy the particular facts and circumstances of have remained a significant potential grain from the farmers becomes much each proposed merger in order to determine whether the merger is likely competitor.’’ Id. at 175–76. The Court’s smaller. OCM says this disparity to substantially lessen competition. If rationale was that ‘‘[t]he existence of an ‘‘creates a rationale for scrutinizing the the Department determines that a aggressive, well equipped, and well power of buyers relative to sellers.’’ We proposed merger is likely to lessen financed corporation engaged in the agree with OCM on this point; its competition in violation of the antitrust same or related lines of commerce assertion that we ignored buyer power laws, we seek an injunction from the waiting anxiously to enter an in our analysis is simply incorrect. court to prohibit the transaction. oligopolistic market would be a If there is one theme that unifies our substantial incentive to competition As the Complaint and CIS make clear, analysis, it is that Cargill’s acquisition of the Department challenged this merger which cannot be underestimated.’’ Id. at Continental should not be permitted to 174. in its original form as being in violation create or enhance market power or to of Section 7 of the Clayton Act. The Penn Olin thus concerns the facilitate its exercise. CIS at 4–9; see protection of the present competitive Department did not rely upon any also section IV(B) of this memorandum. asserted ‘‘efficiencies’’ as a defense to force of a likely potential entrant—a Market power in this case means the firm perceived as a likely entrant by allow Cargill to acquire Continental ability of Cargill, as a buyer, to depress facilities in any relevant market in those in the market. That is not our the price it pays for grain. See section concern in this case because Continental which we concluded that the IV(B)(4) of this memorandum. During transaction would otherwise tend is presently in the market. We are the course of our investigation, we concerned with the protection of actual substantially to lessen competition. The located every grain market in the United Department agreed to settle only after competition in grain markets throughout States in which it appeared likely that the United States. As explained at pages Cargill and Continental agreed to be Cargill could depress prices as a result bound by the terms of the proposed 9–17 of the CIS and in section V(A) of of the acquisition—and we obtained this memorandum, the proposed Final Final Judgment, which has the effect of appropriate relief to address that substantially altering the terms of the Judgment fully addresses this concern concern. See id. at section V(A).28 by divesting Continental’s assets to new, merger to ensure that the transaction In short, the Department has not will not give grain companies market independent competitors in the markets, ignored the ‘‘power of buyers’’ that who can ensure that farmers receive a power to depress grain prices in any concerns OCM. Rather, we now relevant market in the United States. competitive price for their grain after recommend entry of the proposed Final the transaction. Judgment, which will ensure that this 9. DOJ Failed To Consider a Range of 5. DOJ Failed To Consider the Nature of transaction does not give Cargill the Statutes That Congress Intended Courts Grain Selling Markets opportunity to exercise monopsony To Consider When Making Decisions About Agriculture Markets It is true, as OCM suggests, that a power over farmers anywhere in the lessening of competition in world grain United States. OCM refers at some length to the markets could have an adverse effect on 7. DOJ Failed To Consider Informational Packers and Stockyards Act, the Capper- competition within the United States. Disparities in Agricultural Markets Volstead Act, and the Agricultural Fair Therefore, contrary to OCM’s assertion, Practices Act. OCM then concludes that OCM does not explain how Cargill’s we did assess Cargill’s acquisition of ‘‘mergers or other activities that enhance acquisition of Continental will Continental in the light of market the power of buyers’’ require careful exacerbate informational disparities that conditions throughout the world. review under the antitrust laws, may exist in agriculture markets. To the Our investigation revealed that especially when farmers are involved. extent that Cargill or other grain numerous firms sell to buyers in foreign See OCM comment at 12. The United merchants have the benefit of countries—including big international States carefully investigates all mergers information that may be in some sense grain traders (such as Cargill, Bunge, that may create substantial competitive superior, there is no evidence that such ADM, Peavey, and Louis Dreyfus), harm affecting any group, including information will improve after the smaller regional grain traders, and farmers. As the CIS and this Response transaction so as to lessen competition. domestic producers in most foreign make clear, the Department’s concern Assuming information disparities could countries. These numbers suggest that for Cargill’s power as a buyer of grain be the predicate for a Section 7 overseas markets will remain from farmers has been central to our violation, they are not exacerbated by unconcentrated, even after Cargill analysis, prosecution, and proposed the transaction. acquires Continental. Acquisitions in remedy in this case. unconcentrated markets rarely have 8. DOJ Failed To Explain the Benefits of 10. DOJ Failed To Consider That the adverse competitive effects, and OCM the Merger Consent Decree Risks Leaving Farmers 27 provides no evidence to the contrary. OCM’s argument that we should Without an Effective Outlet for Legal explain the efficiencies in order to Redress 27 As noted in section IV(B)(4) of this Response, our investigation did indicate competitive problems justify our ‘‘approval of the merger,’’ OCM believes that the court of at U.S. export facilities because Cargill and Appeals for the District of Columbia Continental were two of a relatively small number 28 As noted in section V(B) of this Response, no Circuit has ‘‘severely restricted’’ the of grain buyers in the relevant port ranges, not commentator suggested that we failed to require because Cargill and Continental were two of a divestitures in any specific local or regional market ability of the district court to determine relatively small number of grain sellers in any in which Cargill and Continental are two of a whether the proposed Final Judgment is overseas market. relatively small number of grain buyers. in the public interest as required by the

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APPA. See OCM comment at 13. For for the purpose of eliciting additional facts consider in negotiating and consenting that reason, OCM is concerned that the should it do so.29 to the proposed Final Judgment. Nor do interests of midwestern farmers may not The expeditious procedures to they explain why more time would be be fully considered in this federal determine the public interest that desirable to assist the Court in making circuit. Congress envisioned are not possible the public interest determination that is There is no reason to believe that the without reliance upon the Department’s required by the APPA. Under the District Court for the District of good faith execution of its prosecutorial circumstances, an extension of the 60- Columbia cannot make the public discretion. Evidentiary hearings, day public comment period is interest determination that is required therefore, should be used only in unnecessary and inappropriate in this by law in this case. extreme cases. See United States v G. action. Heileman Brewing Co., 563 F. Supp. M. A Hearing Is Unnecessary in This Conclusion Case 642, 652 (D. Del. 1983) (‘‘This preference for the comment procedure The Competitive Impact Statement Nebraska Attorney General Stenberg over more burdensome forms of third- and this Response to comments urges the Court to appoint a special party participation * * * is clearly demonstrate that the proposed Final master ‘‘to hear evidence and to make a shown by the legislative history of the Judgment serves the public interest. recommendation to the court as to the APPA.’’). Accordingly, after publication of this efficacy’’ of the proposed Final In the instant case, an evidentiary Response in the Federal Register Judgment prior to its entry. See Brief of hearing would be inordinately time pursuant to 15 U.S.C. 16(b), the United the Attorney General of Nebraska as consuming and would not in any way States will move this Court to enter the Amicus Curiae at 13–14. The APPA further the Court’s understanding of Final Judgment. provides that the Court must make a facts relevant to the determination it Dated this 11th day February, 2000. determination that entry of the proposed must make. There has been no claim of Respectfully submitted, consent judgment is in the public bad faith or malfeasance on the part of Robert L. McGeorge, interest before entering that judgment. the United States in settling this case. D.C. Bar No. 91900. The statute provides that in making See AMPI, 394 F. Supp. at 41, and cases such a public interest determination, the cited. Nor has Attorney General Michael P. Harmonis, Court ‘‘may’’, inter alia, appoint a Stenberg explained why he has not been U.S. Department of Justice, Antitrust Division, special master, conduct proceedings able to fully apprise the Court of his 325 7th Street, NW, Suite 500, Washington, involving the taking of testimony and concerns in the comments he has D.C. 20530, (202) 307–6361. documentary evidence, and ‘‘take such already filed with respect to the other action in the public interest as the proposed Final Judgment. See Heileman Certificate of Service court may deem appropriate.’’ 15 U.S.C. Brewing Co., 563 F. Supp. at 653. I hereby certify that I am an attorney 16(f)(5). The statute does not require the The Court need only consider the for the United States in this action, and Court to hold hearings, but directs the proposed Final Judgment as explained have caused true and correct copies of court to take such action as it deems by the CIS, the comments thereon, and the foregoing UNITED STATES appropriate. this Response thereto. Such RESPONSE TO PUBLIC COMMENTS to As noted in section II of this consideration will amply demonstrate be served by first-class mail or by more memorandum, Congress, in passing the that the proposed Final Judgment expeditious means on counsel for the APPA, intended that consent decrees satisfies the public interest standard of defendants, Marc G. Schildkraut, Esq., remain a viable antitrust enforcement the APPA as interpreted by the courts. Howrey & Simon, 1299 Pennsylvania option. They could not remain viable if N. The 60-Day Comment Period Should Ave., NW, Washington DC, Paul T. it were necessary for a reviewing court Not Be Extended Dennis, Esq., Swidler Berlin Shereff to conduct a trial for a de novo Friedman, LLP, 3000 K Street, NW, determination of factual issues relevant Several commentators request that the Suite 300 Washington, DC and Jack to the adequacy of a proposed decree. time period for filing public comments Quinn, Esq., Arnold & Porter, 555 12th The legislative history is clear that the be extended.30 There is no need for such Street, NW, Washington, DC, on this court need not conduct the equivalent of extension. 11th day of February, 2000. a trial on the merits, or even conduct a The 60-day public comment period specified in 15 U.S.C. 16(b) commenced hearing or take evidence, S.Rep. No. Michael P. Harmonis. 298–93 at 6 (1973): on August 12, 1999 and terminated on October 12, 1999; but we have United States Response to Public The Committee recognizes that the court considered and responded to every Comments—Appendix must have broad discretion to accommodate comment that we received before or a balancing of interests. On the one hand, the Communications with respect to this after the deadline. Those who request court must obtain the necessary information document should be addressed to: to make its determination that the proposed more time for the filing of comments do consent decree is in the public interest. On not suggest the existence of relevant Roger W. Fones, Chief, Donna N. the other hand, it must preserve the consent facts that the Department has failed to Kooperstein, Assistant Chief; Robert L. decree as a viable settlement option. It is not McGeorge, Michael P. Harmonis, Attorneys; Transportation, Energy & the intent of the Committee to compel a 29 This passage is quoted in United States v. Agriculture Section, Antitrust Division, hearing or trial on the public interest issue. Associated Milk Producers, Inc., 394 F. Supp. 29, U.S. Department of Justice, 325 Seventh It is anticipated that the trial judge will 45 (W.D. Mo. 1975), aff’d, 534 F.2d 113 (8th Cir. Street, NW, Washington, DC 20530, (202) adduce the necessary information through 1976), cert. denied sub non. National Farmers Org., 307–6361. the least complicated and least time- Inc. v. United States, 429 U.S. 940 (1976) (hereafter ‘‘AMPI’’). consuming means possible. Where the public 30 Public Comments interest can be meaningfully evaluated Animal Welfare Institute, NFO Kansas, OCM, Insabelle Barth, Mary Casserand, Steve Dewell, The comments from members of the simply on the basis of briefs and oral Grant and Mabel Dobbs, Barbara Hook, Jay Godley, arguments, this is the approach that should Todd Lewis, Glenn Oshiro, N. Ramsey, Ellen public that follow in this Appendix be utilized. Only where it is imperative that Stebbins, Giles Stockton, Dr. Frankie M. Summers, were filed during the sixty-day period the court should resort to calling witnesses Dennis and Janice Urie. specified in 15 U.S.C. 16(b),

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In addition, consolidation as well, with Cargill being one Congresswoman Jo Ann Emerson—Tab 1 I understand that North Dakota Attorney of the key players in this vertical State Attorneys General (alphabetical by General Heidi Heitkamp, Missouri Attorney consolidation given its ties to agricultural State)—Tab 2 General Jay Nixon, and South Dakota biotechnology, grain production, animal feed, Organizations (in alphabetical order)—Tab 3 Attorney General Mark Barnett have each meat packing, food processing, etc. Individuals (in alphabetical order)—Tab 4 written to express their similar concerns Particularly disturbing are recent comments Tab 1 about this proposed merger. of the chairman of Cargill who has publicly As the Chair of the Antitrust Committee, I proclaimed the company’s intention to Congress of the United States, join in asking you to consider carefully the continue to expand its market reach House of Representatives, possible damage to our nation’s agricultural throughout agricultural industries, both on a Washington, DC 20515–2508, August 11, industry caused by undue concentration in horizontal and vertical level. ‘‘Cargill 1999. numerous grain markets. Chairman Micek Says Acquisitions Could Mr. Roger Fones, In exercising our parens patriae authority, Fuel Growth,’’ Star Tribune, September 11, Chief, Transportation, Energy, and Attorneys General are often called upon to 1999 (Exhibit 2). These comments illustrate Agriculture Section, Antitrust Division, evaluate and gauge the competitive harm that Cargill’s intention to further reduce U.S. Department Of Justice, 325 7th may result in their own states from a competition in agricultural markets a time Street, NW, Suite 500, Washington, DC proposed merger. Moreover, we are all well when its most recent and controversial 20530. informed of the benefits of competitive acquisition has not even been finalized.Thus, markets in lower prices and better quality for Dear Mr. Fones: Thank you for the we believe it would be prudent for the consumers. Given the importance of the food attention of your Department to the plans by consent decree to prohibit Cargill from supply to our national, as well as local, Cargill, Inc. to acquire the grain handling acquiring any other direct competitors in interests, and the needs of consumers and interests of Continental Grain. In all of grain export, transport, and storage markets. farmers for fair pricing, it is crucial that we agriculture, from transportation to Also, it should be noted that Cargill not allow monopolies or oligopolies to processing, to inputs, there is a troubling continues to come under scrutiny for its trend toward larger and fewer companies. It form—or if already formed, from abusing their market power—at any level of the business conduct. In the most recent is vitally important that your office work to example, a little over one month ago, the prevent the kind of consolidation in agricultural industry. I urge you to be wary of and oppose any merger that may tend to Commodities Futures Trading Commission agriculture markets that hurts producers. In charged Cargill with improper selling of a the case of Cargill, I believe that your lessen competition in this all-important industry in the interests of farmers and commodity option for future delivery of investigation and the ensuing stipulations grain, because of its use of certain contracts. were well warranted. However, I hope that consumers alike. Very truly yours. Barshay, Jill, ‘‘Cargill Charged With Illegally you will consider an issue that has been Selling Option Contracts,’’ Star Tribune, raised by producers in my District regarding Richard Blumenthal. August 27, 1999 (Exhibit 3). This type of the consent agreement that the DOJ has Mike Hatch, Attorney General alleged conduct is directly relevant to the entered into with Cargill (civil action number State of Minnesota proposed merger, and should be considered 991875). Office of the Attorney General, by the Court in its evaluation of the proposed Specifically, I have been contacted by St. Paul, MN, October 12, 1999. merger and consent decree. producers in Southeast Missouri concerned Roger W. Fones, Finally, should the Court approve the that Continental’s Cottonwood Point facility Chief, Transportation, Energy and proposed consent decree and allow the may be sold to an entity already possessing Agriculture Section, Antitrust Division, merger to take place, we urge the Department a significant share of the local grain market. United States Department of Justice, 325 As you know, the consent agreement requires of Justice to strictly scrutinize Cargill’s and Seventh Street, NW, Suite 500, Cargill to divest itself of the Cottonwood Continental’s compliance with the proposed Washington, DC 20530. Point facility in order to satisfy competitive final order, and to exercise its discretion in concerns. Local producers fear that Bunge Re: Comment—Proposed Consent Decree approving acquirers of the proposed would gain a near monopoly share of the Approving the Proposed Merger of Cargill, divestitures in a careful and exacting way. As local market if it were allowed to purchase Inc. and Continental Grain Co. the Department of Justice will have sole the facility. I urge you to exercise strict Dear Mr. Fones: I submit these comments discretion to approve or disapprove any oversight authority over the divestiture of the about the proposed Cargill-Continental proposed acquirers, we ask that it exercise Cottonwood Point facility in order to prevent merger pursuant to the Antitrust Procedures this discretion vigilantly to minimize to the an unintended, anticompetitive situation. and Penalties Act, 15 U.S.C. 16 (1998). Our greatest degree possible any potential harm to Thank you for your attention to this matter concerns were explained in detail in a letter competition and public welfare that may and I look forward to hearing from you. submitted to the Department of Justice in result from this merger. May, attached for your information as Exhibit Sincerely, Very truly yours, 1. While we appreciate the Department of Mike Hatch, Jo Ann Emerson, Member of Congress. Justice’s (DOJ) efforts in its lengthy Attorney General, State of Minnesota. Tab 2 investigation of the proposed merger and while the proposed consent decree strives to Exhibit 1 to the comment filed by Richard Blumenthal, Attorney General, alleviate many concerns that have been Minnesota Attorney General Mike Hatch State of Connecticut raised regarding this merger, we remain is available for inspection in room 215 Hartford June 23, 1999. concerned about the impact of this merger upon farmers and rural communities in of the U.S. Department of Justice, The Honorable Joel I. Klein, Minnesota. This merger is taking place in the Antitrust Division, 325 Seventh Street, Assistant Attorney General, Antitrust context of a nationwide, even a global trend NW, Washington, DC 20530 (telephone: Division, Department of Justice, 950 toward consolidation of agricultural 202–514–2481) and at the Office of the Pennsylvania Avenue, N.W., Room 3109, industries which, we fear, will only harm the Clerk of the United States District Court Washington, D.C. 20530. interests of farmers, consumers, and local for the District of Columbia, 333 Re: Mergers in the Agricultural Industry. communities. Constitution Avenue, NW, Washington, Dear Joel: I am sure you are aware of As noted in our earlier letter, the grain DC 20001. Copies of these materials may Minnesota Attorney General Mike Hatch’s industries, particularly grain exports, are be obtained upon request and payment recent letter to you—which he has suggested already highly concentrated, increasing the I support in my capacity as Chair of the likelihood that further concentration will of a copying fee. Antitrust Committee of the National lead to oligopsony and even monopsony Jeremiah W. (Jay) Nixon, Attorney General, Association of Attorneys General— markets for grain farmers and other sellers of Attorney General of Missouri,

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Jefferson City, MO, September 16, 1999. and Barge (C.G.B.), another competitor in the worldwide business. The proposed merger Mr. Roger W. Fones, Esq., market, would also be far from optimal. needs to be viewed not simply on a region Chief, Transportation, Energy and Before Cargill and Continental announced by region basis, but upon overall national Agriculture Section, Antitrust Division, this global transaction, farmers in southeast grain marketing implications. United States Department of Justice, 325 Missouri had four competing buyers to sell The fundamental evils of excessive Seventh Street, NW, Suite 500, their product to. We urge the Department of economic concentration are well known and Washington, DC 20530. Justice to exercise its discretion, when have been well known for more than 100 approving proffered buyers, to make sure years. In a highly concentrated industry, it is Re: Comments on Proposed Consent Decree they have four separate and distinct buyers easy to keep track of the prices a handful of and Divestiture Settlement, Cargill, Inc.’s after this divestiture, as well. competitors are paying to acquire grain and Acquisition of Continental Grain While my analysis has focused exclusively to sell it. It is in the interest of the handful Company. on the Missouri facilities, I also have of competitors to uniformly offer low prices Dear Mr. Fones: As Missouri Attorney concerns about the impact of this merger on to buy and high prices to sell to consumers. General, I wrote directly to Joel Klein, the market generally. I share the concern of This is true whether or not there is an Assistant Attorney General in charge of the many Missouri farmers that the current anti- explicit contract or conspiracy in restraint of Antitrust Division, in mid-May, 1999, trust laws and resources may not adequately trade. Moreover, it is easier and more regarding the above-referenced acquisition. I protect them from attempts to manipulate the tempting to form contracts or conspiracies to had also instructed my assistant, Trey Hanna, market place. I urge the Justice Department restraint of trade in a highly concentrated to assist your office in assessing the to scrutinize this acquisition closely in light industry. anticompetitive impact this merger would of the growing consolidation in agriculture. In a May 7, 1999 letter concerning the have on grain farmers in southeast Missouri. Thank you for giving these comments due Cargill/Continental merger to the U.S. As expressed on earlier occasions, I am consideration. If we can answer any Department of Justice, Minnesota Attorney concerned about this acquisition. questions or provide other assistance, don’t General Mike Hatch noted some basic market I was quite glad to see that the Department hesitate to contact us through my assistant, share information that is of great importance. of Justice secured (1) Cargill’s agreement that Trey Hanna, at (816) 889–5000. He pointed out that Cargill and Continental are the two largest grain exporters in the it would not seek to acquire any ownership Sincerely, United States. Cargill is the nation’s largest interest in the river elevator at Birds’ Point, Jeremiah W. (Jay) Nixon. Missouri, which Continental had previously grain exporter and Continental is the second held, and (2) Continental’s agreement to first Don Stenberg, Attorney General, largest. General Hatch goes on the explain divest its river terminal at Cottonwood Point, State of Nebraska, that in fiscal year 1998, the market shares for Missouri, (near Caruthersville) before Office of the Attorney General, the four largest national grain exporters conveying most of its other grain assets to Lincoln, Nebraska 68509–8920, September 7, (including Cargill and Continental) range Cargill. Allow me to again express our 1999. from 46.6% for wheat to 64.9% for soybeans thanks. Mr. Roger W. Fones, and 80.9% for corn. Cargill itself estimates But we are still concerned; it remains to be Chief, Transportation, Energy and that it and Continental together control about seen whether the new owner of that Agriculture Section, Antitrust Division, 35% of the U.S. grain exports. Continental and Cargill are both already Cottonwood Point facility will be acceptable. United States Department of Justice, 325 such large enterprises that it is very doubtful We have analyzed competitive conditions Seventh Street, N.W., Suite 500, that this merger will produce any economies in southeast Missouri’s grain business and Washington, DC 20530. of scale that would increase profits. Rather, farmers’ ability to secure a fair price for their Re: United States of America v. Cargill, Inc increased profits will come from the product. We have analyzed the ‘‘Competitive and Continental Grain Company. increased market power to pay producers less Impact Statement’’ (C.I.S.) filed by the Dear Mr. Fones: Pursuant to the Antitrust and charge consumers more by virtue of Department of Justice on July 23, 1999 and Procedures and Penalties Act, I am writing in vastly increased economic power. subsequently published in the Federal my official position as the Attorney General The purpose of the anti-trust statutes is to Register. Pursuant to the Antitrust of the State of Nebraska to object to the preserve the free markets so that our free Procedures and Penalties Act, 15 U.S.C. § 16 proposed final judgment in this case. In my enterprise system can produce the fairest (b)–(h), I now wish to formally comment on opinion, the approval of the consent decree prices for both producers and consumers. the proposed consent decree which, if is not in the public interest and is not The anti-trust statutes should be brought to approved by the court, will become a final consistent with the public policy underlying bear in this case for that very reason. judgment and will set competitive conditions federal antitrust statutes. As General Hatch correctly noted in his in southeast Missouri for many years to The proposed consent decree requires the May 7 letter, these issues are national in come. divestiture of certain grain elevators in scope and adequate resolution cannot come As the Department of Justice explained in specified locations, but otherwise approves from the state or local level. If the U.S. that C.I.S., the core purpose of requiring the merger of two of our nation’s largest grain Department of Justice cannot be persuaded to Continental to first divest the Cottonwood trading companies. vigorously oppose a merger of this Point facility is to ‘‘preserve existing The increasing concentration in magnitude, it is difficult to imagine any competition’’ and ‘‘maintain the level of agricultural marketing and processing will merger in the area of agri-business which competition [in southeast Missouri] that mean lower prices for farmers and higher would be opposed by the Department. existed pre-acquisition.’’ (C.I.S., at p. 9). As prices for consumers. Indeed, it was farmers’ Those of us from agricultural states under- also recited therein, the Department of Justice protests against the formation of large stand the negative impact of excessive has the sole discretion to approve or agricultural marketing and processing trusts economic concentrations in agriculture on disapprove the manner in which the in the late 1800’s that led to the creation of our farmers and ranchers. Persons from non- defendants propose to implement the our antitrust laws. agricultural states should carefully consider divestiture of this facility (C.I.S., at p. 12), We are now seeing the same types of the substantial increases in consumer food and whom they propose to divest it to (C.I.S., concentrations of economic power in the prices that loom on the horizon if further at p. 11). agricultural processing and marketing economic concentration occurs in our Farmers in southeast Missouri hear rumors industries that existed over 100 years ago agricultural sector. that Continental may propose to divest the until they were broken up by the passage and Yours truly, Cottonwood Point facility to Bunge, the enforcement of federal antitrust laws. At a second largest competing purchaser of grain minimum, a line must now be drawn to Don Stenber. in the area (after Cargill). That would reduce prevent further anti-competitive economic In the matter of The United States District the number of competing buyers of grain concentration in agriculture. Court for the District of Columbia; United from four to three, being nearly as bad for The fundamental flaw in the U.S. Justice States of America, Plaintiff, vs. Cargill, competition in southeast Missouri as a sale Department’s analysis that it fails to Incorporated, and Continental Grain to Cargill, which you sued to prevent. recognize that grain handling and grain Company, Defendants; Case No. Likewise, a divestiture to Consolidated Grain merchandising is a nationwide and 1:99CV01875 (GK) Judge; Gladys Kessler.

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Filed October 22, 1999. Memorandum of Points and Authorities special interest in the subject matter of in Support of Motion by the Attorney this suit. Motion by the Attorney General of General of Nebraska To File Brief as II Nebraska To File Brief as Amicus Amicus Curiae Curiae The court should exercise its discretion Don Stenberg, #14023, Comes Now Don Stenberg, the so as to allow the Attorney General of Attorney General of Nebraska. Attorney General of the State of Nebraska to file a brief in this case as Nebraska, and moves this Court for Dale A. Comer, #15365, amicus curiae. leave to file the brief attached hereto as Assistant Attorney General, 2115 State Capitol, Lincoln, NE 68509–8920, Tel: (402) The amicus curiae brief which the Exhibit A as amicus curiae in the above- 471–2682. Attorney General of Nebraska proposes referenced action. The Attorney General to submit to this court contains a of Nebraska has a special interest in the Introduction detailed discussion and analysis of the subject matter of this lawsuit because of This case involves an action under the proposed Final Judgment in this case his duties and responsibilities to enforce Tunney Act, and in particular 15 U.S.C. under the applicable antitrust laws, and the antitrust laws, and because the 16(e), in which the parties seek this therefore, will hopefully provide this merger proposed herein will have a court’s approval of a proposed final court with a helpful analysis of the law. significant impact upon the State of consent judgment involving a corporate More importantly, the Attorney General Nebraska. merger between Cargill, Inc. and of Nebraska has a special interest in the Continental Grain Company. The subject matter of this lawsuit, in two Don Stenberg, #14023, Attorney General of the State of respects. Attorney General of Nebraska. Nebraska has now filed a Motion For First, the Attorney General of Leave To File A Brief As Amicus Curiae Dale A. Comer, #15365, Nebraska is the primary state official in in this proceeding. This Memorandum Assistant Attorney General, 2115 State Nebraska charged with the duty of of Points and Authorities is submitted to Capitol, Lincoln, NE 68509–8920, Tel: (402) enforcing the state’s antitrust laws. See, the court in support of that Motion. 471–2682. e.g., Neb. Rev. Stat. §§ 59–1601 through Certificate of Service Argument 59–1623 (1998) (the Nebraska Consumer I Protection Act which, among other The undersigned hereby certifies that things, authorizes the Attorney General a copy of the foregoing Motion By The The decision as to whether to allow to bring an action seeking to enjoin a Attorney General Of Nebraska To File participation by amicus curiae in this corporate acquisition which would Brief As Amicus Curiae with case is left to the discretion of this court. ‘‘substantially lessen competition or attachments has been served upon the In general, the decision as to whether tend to create a monopoly in any line parties herein by mailing each of those to allow a non-party to participate in a of commerce); Neb. Rev. Stat. §§ 59–801 parties a true and correct copy of the case as amicus curiae is solely within through 59–831) (1998) (authorizing same, via first-class United States Mail, the broad discretion of the court. criminal sanctions for antitrust violations in Nebraska); and Neb. Rev. postage prepaid, addressed to the Ellsworth Associates, Inc. v. United Stat. §§ 84–212 (1994) (authorizing the parties’ counsel of record as follows: States, 917 F.Supp. 841 (D.D.C. 1996). Such discretion also applies within the Attorney General to sue a parens patriae Robert L. McGeorge, Esq. specific context of the Tunney Act. on behalf of citizens of the state to Attorney, U.S. Department of Justice, 325 United States v. Associated Milk recover damages sustained by those Seventh Street, NW, Suite 500, Washington, Producers, 394 F.Supp. 29 (W.D.Mo. citizens as a result of violations of the DC 20530. 1975). The aid of amicus curiae is state or federal antitrust laws). The Marc G. Schildkraut, Esq., appropriate at the trial level where they Nebraska Attorney General also has can provide helpful analysis of the law. specific enforcement authority under Howrey & Simon, 1299 Pennsylvania Avenue, the federal antitrust laws. See, e.g., NW, Washington, DC 20004. Waste Management of Pennsylvania v. City of York, 162 F.R.D. 34 (M.D.Pa. Section 4 of the Clayton Act, 15 U.S.C. Paul T. Denis, Esq., 1995). Amicus curiae are also 15 (1998) (authorizing states to sue for Swidler, Berlin Shereff Friedman, LLP, 3000 appropriate when they have a special proprietary damages inflicted upon K Street, NW, Suite 300, Washington, DC interest in the subject matter of the suit. them); Title III of the Hart-Scott-Rodino 20007–5116. Strasser v. Doorley, 432 F.2d 567 (1st Antitrust Improvements Act of 1976, 15 Jack Quinn, Esq., Cir. 1970). As a result, the decision as U.S.C. 15c (1998) (authorizing state Arnold & Porter, 555 Twelfth Street, NW, to whether to allow participation by attorneys general to sue for damages as Washington, DC 20004. amicus curiae in this case is left to the parens patriae on behalf of natural On this 21st day of October, 1999. discretion of this court, and such persons); Section 16 of the Clayton Act, participation is warranted if the amicus 15 U.S.C. § 26 (1998); California v. Dale A. Comer, participants can provide a helpful American Stores Co., 495 U.S. 271 Assistant Attorney General. analysis of the law or if they have a (1990) (upholding state’s right pursuant

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Attorney General of Nebraska. to recover damages sustained by those As a result, the Attorney General of citizens as a result of violations of the Nebraska has a strong interest in Dale A. Comer, #15365, state or federal antitrust laws). The antitrust enforcement and in promoting Assistant Attorney General, 2115 State Nebraska Attorney General also has free and fair competition. The Attorney Capitol, Lincoln, NE 68509–8920, Tel: (402) specific enforcement authority under General of Nebraska also has a strong 471–2682. the federal antitrust laws. See, e.g., interest in protecting the citizens of Certificate of Service Section 4 of the Clayton Act, 15 U.S.C. Nebraska from unreasonable restraints 15 (1998) (authorizing states to sue for of trade, both in their capacities as The undersigned hereby certifies that proprietary damages inflicted upon consumers and their capacities as a copy of the foregoing Memorandum Of them); Title III of the Hart-Scott-Rodino competitors. Points And Authorities in Support Of Antitrust Improvements Act of 1976, 15 Second, agriculture is an important Motion By The Attorney General Of U.S.C. § 15c (1998) (authorizing state and major industry in the State of Nebraska To File Brief As Amicus attorneys general to sue for damages as Nebraska. In 1997, more than 96 per- Curiae has been served upon the parties parens patriae on behalf of natural cent of the state’s land, involving 47 herein by mailing each of those parties persons); section 16 of the Clayton Act, million acres, was farm and ranchland. a true and correct copy of the same, via 15 U.S.C. 26 (1998); California v. Clerk of the Nebraska Legislature, first-class United States Mail, postage American Stores Co., 495 U.S. 271 Nebraska Blue Book 1998–99 (Michael prepaid, addressed to the parties’ (1990) (upholding state’s right pursuant R. Lewis ed., 1998) p. 40. In that same counsel of record as follows: to Section 16 of the Clayton Act to year, gross cash receipts from farm Robert L. McGeorge, Esq., obtain injunctive relief, including marketing in Nebraska totaled $10.1 divestiture, against illegal mergers); Attorney, U.S. Department of Justice, 325 billion, and Nebraska had 55,000 farms Seventh Street, NW, Suite 500, Washington, Hawaii v. Standard Oil, 405 U.S. 251, that produced food for consumers in the DC 20530. 257–60 (1972) (acknowledging state’s United States and abroad. Id. Marc G. Schildkraut, Esq., authority to seek injunctive relief on Consequently, any anticompetitive behalf of general economy of the state). activities which affect agricultural Howrey & Simon, 1299 Pennsylvania, NW, Washington, DC 20004. As a result, the Attorney General of markets and farmers in the State of Nebraska has a strong interest in Paul T. Denis, Esq., Nebraska in general are of concern to antitrust enforcement and in promoting the Attorney General of Nebraska. Swidler, Berlin Shereff Friedman, LLP, 3000 free and fair competition. The Attorney It is also clear that agricultural K Street, NW, Suite 300, Washington, DC General of Nebraska also has a strong 20007–5116. interests and farmers in Nebraska are interest in protecting the citizens of affected specifically by the details of the Jack Quinn, Esq., Nebraska from unreasonable restraints proposed final consent judgment in this Arnold & Porter, 555 Twelfth Street, NW, of trade, both in their capacities as case. As noted in the government’s Washington, DC 20004. consumers and in their capacities as Competitive Impact Statement herein, On this 21st day of October, 1999. competitors. the overlapping draw area for the Pacific Dale A. Comer, Agriculture is an important and major Northwest includes portions of Assistant Attorney General. industry in the State of Nebraska. In Nebraska. Competitive Impact 1997, more than 96 per cent of the Brief of the Attorney General of Statement at 4. In addition, the state’s land, involving 47 million acres, Nebraska as Amicus Curiae overlapping draw area for the Texas was farm and ranch land. Clerk of the Gulf also includes portions of Nebraska. Don Stenberg, #14023, Nebraska Legislature, Nebraska Blue Competitive Impact Statement at 4. Attorney General of Nebraska. Book 1998–99 (Michael R. Lewis ed., Therefore, the final consent judgment 1998) p. 40. In that same year, gross proposed in this case affects the Dale A. Comer, #15365, cash receipts from farm marketing in agricultural industry in Nebraska, and Assistant Attorney General, 2115 State Nebraska totaled $10.1 billion, and the Attorney General of Nebraska has a Capitol, Lincoln, NE 68509–8920, Tel: (402) Nebraska had 55,000 farms that 471–2682. direct responsibility to deal with produced food for consumers in the anticompetitive practices affecting those Exhibit A United States and abroad. Id. As a markets. On that basis, the Attorney result, any anticompetitive activities Interest of Amicus Curiae General also has a special interest in the which affect agricultural markets and subject matter of this lawsuit. The Attorney General of Nebraska is farmers in the State of Nebraska in the primary state official in Nebraska general are of concern to the Attorney Conclusion charged with the duty of enforcing the General of Nebraska. An amicus brief by the Attorney state’s antitrust laws. See, e.g., Neb. Rev. It is also clear that agricultural General of Nebraska in this case would Stat. §§ 59–1601 through 59–1623 interests and farmers in Nebraska are provide this court with a helpful (1998) (the Nebraska Consumer affected specifically by the details of the analysis of the law. Moreover, for the Protection Act which, among other proposed final consent judgment in this reasons stated above, the Attorney things, authorizes the Attorney General case. As noted in the government’s General of Nebraska has a special to being an action seeking to enjoin a Competitive Impact Statement herein, interest in the subject matter of this corporate acquisition which would the overlapping draw area for the Pacific lawsuit. As a result, the Attorney ‘‘substantially lessen competition or Northwest includes portions of General of Nebraska respectfully tend to create a monopoly in any line Nebraska. Competitive Impact requests that this court exercise its of commerce); Neb. Rev. Stat. §§ 59–801 Statement at 4. In addition, the

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 15998 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices overlapping draw area for the Texas What constitutes the ‘‘public interest’’ ethanol production. That enhanced Gulf also includes portions of Nebraska. in the context of this type of proceeding economic power will also allow Cargill Competitive Impact Statement at 4. As was discussed at length in United States to transfer resources across markets a result, the final consent judgment v. American Telephone and Telegraph without regard to competitive proposed in this case will affect the Company, 552 F.Supp. 131 (D.D.C. conditions. As a result, the government agricultural industry in Nebraska, and 1982). In that case, this court indicated should have considered more than the the Attorney General of Nebraska has a that purpose of the antitrust laws was to grain buying operations of Cargill in direct responsibility to deal with ‘‘preserv[e] free and unfettered evaluating this merger. anticompetitive practices in those competition as the rule of trade.’’Id. at The proposed final consent judgment markets. 149 (quoting from Northern Pacific also fails to recognize that grain Railway Co. v. United States, 356 U.S. handling and grain merchandising is a Argument 1 (1958)). Within that purpose, an nationwide and worldwide business. In The Final Consent Judgment Proposed antitrust remedy, including a consent that regard, as noted in the competitive by the Parties in This Proceeding is Not decree, must ‘‘leave the defendant impact statement filed herein, Cargill is in the Public Interest, and Should Not without the ability to resume the actions the second largest grain trader in North be Approved by This Court which constituted the antitrust violation America and the largest U.S. grain in the first place’’ or ‘‘effectively exporter. Continental is the third largest Under the Tunney Act, and in foreclose the possibility that antitrust grain trader in North America and the particular 15 U.S.C. 16(e), this court violations will occur or recur.’’ Id. at third largest U.S. grain exporter. Merger may approve the final consent judgment 150. In addition, ‘‘antitrust violations of those market shares cannot help but proposed by the parties in this case only should be remedied with as little injury increase the concentration in the if the court determines that the entry of as possible to the interest of the general national and global grain trading and such judgment is ‘‘in the public public’ and to relevant private grain exporting markets to questionable interest.’’ For the reasons discussed at interests.’’ Id. at 150 (quoting from levels with damaging effects upon length below, the Attorney General of United States v. American Tobacco Co., farmers and consumers in Nebraska and Nebraska contends that the consent 221 U.S. 106 (1911)). other agricultural states. Yet, the judgment with Cargill and Continental government’s proposed final consent Grain Company (hereafter II judgment focuses only on grain trading ‘‘Continental’’) proposed by the United The final judgment proposed by the activities in a small number of regional States is deficient and not in the public parties in this action is deficient in a markets. interest. Consequently, this court should number of respects, and is not in the The Attorney General of Nebraska is refuse to approve that final consent public interest. aware of the decision in United States judgment. v. Microsoft, 56 F.3d 1448 (D.C. Cir. The Attorney General of Nebraska 1995). Consequently, the remainder of I believes that the final consent judgment this amicus curia brief will focus on In a proceeding under the Tunney Act, proposed by the parties in this case is specific deficiencies with respect to the this court is not a ‘‘rubber stamp’’ for deficient in the first instance because it matters alleged in the government’s the Department of Justice, but acts as an does not take into account the wider Complaint in this case and the proposed independent check on the terms of the context of vertical consolidation in the final consent judgment presented to the proposed final consent judgment. nation’s agribusiness system, and court. instead focuses solely on the grain A number of federal cases have set out buying activities of Cargill and A. The final consent judgment fails to the applicable standards with respect to Continental. Consolidation across take into account the size and a review of a proposed final consent vertically-related markets is increasingly organization of the sellers in the markets judgment proposed by the government leading to the creation of all-inclusive affected by the proposed merger. under the Tunney Act. First of all, it is food supply chains in the United States In a number of merger cases, courts clear that the court is not to act simply where one company or interrelated have given credence to the notion that as a ‘‘rubber stamp’’ for the proposal group of companies can control certain a merger resulting in a larger, more submitted by the Department of Justice. agricultural commodities from their powerful firm may be permissible if the United States v. BNS Inc., 858 F.2d 456 creation at the genetic level to their companies the merged firm sells to also (9th Cir. 1988); United States v. Western ultimate purchase by the consumer. possess market power. United States v. Electric Company, 767 F.Supp. 308 This sort of vertical consolidation will Baker Hughes, Inc., 908 F.2d 981, 984 (D.D.C. 1991). Instead, the court ‘‘is harm competition by making entry into (D.C. Cir 1990); F.T.C. v. Elders Grain, required to act as an independent check the affected markets more difficult, by Inc., 868 F.2d 901, 905 (7th Cir. 1989). on the terms of such decrees.’’ United making the extent of actual competition For example, in United States v. States v. Western Electric Company, 767 more difficult to estimate, and by Country Lake Foods, Inc., 754 F.Supp. F.Supp. 308, 328 (D.D.C. 1991). In forcing independent farmers and 669 (D.Minn. 1990), the district court addition, Congress did not intend the producers out of business. Allowing the recognized the ability of large food court’s review of a proposed final merger of Cargill and Continental will corporations which were milk consent judgment under the Tunney Act make further agribusiness consolidation purchasers to act as a check to the to be merely pro forma or limited to more likely. For one thing, acquisition market power of milk processors in a what appears on the surface. United of Continental’s seventy grain elevators merger involving the fluid milk States v. Gillette Company, 406 F.Supp. will enhance Cargill’s economic power processing industry because the food 713 (D. Mass. 1975). The court must generally, and allow deployment of that corporations could respond aggressively make an independent determination as economic power across a wide range of to price increases and had the capital to whether or not entry of a proposed other agricultural sectors including beef resources necessary to vertically consent decree is in the public interest. packing, cattle feedlots, pork packing, integrate fluid milk processing. That United States v. Microsoft, 56 F.3d 1448 broiler production, turkey production, reasoning forms the basis for the ‘‘power (D.C. Cir. 1995). flour milling, soybean crushing and buyer’’ defense to merger enforcement.

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If the presence of ‘‘power buyers’’ in Department of Justice, grain buying in E. The proposed final consent judgment a particular market helps to make a the post-merger markets in the captive fails to take into account the effects of proposed merger more acceptable, it draw areas at issue will still remain removal of Continental as potential necessarily follows that the lack of such heavily concentrated and susceptive to competitor to Cargill. ‘‘power buyers’’ makes a merger less collusive and cooperative activity In United States v. Penn-Olin acceptable, because powerful sellers in among the remaining grain buyers. As a Chemical Co., 378 U.S. 158, 173–4 a given market can use their market result, the proposed final consent (1964), the United States Supreme Court power to exploit small and disorganized judgment will not effectively foreclose stated: buyers. For example, in United States v. the possibility that antitrust violations Tote, Inc., 768 F.Supp. 1064 (D. Del. [t]he existence of an aggressive, well will occur in the future in the captive equipped and well financed corporation 1991), the court rejected the power draw areas. For that reason, it is engaged in the same or related lines of buyer defense because there were a large deficient. commerce waiting anxiously to enter into an number of small buyers in the market at oligopolistic market would be a substantial issue. For that reason, among others, the C. The proposed final consent judgment incentive to competition which cannot be court held the merger in question to be fails to take into account the impact of underestimated. anticompetitive. See also F.T.C. v. global sales or grain buying in the In the present case, Continental Cardinal Health, Inc., 12 F.Supp.2d 34 United States. currently possesses the grain (D.D.C. 1998). distribution network and other The reasoning underlying the power A great deal of the grain purchased by resources to potentially challenge buyer defense should also be applied Continental and Cargill is sold overseas Cargill in the grain buying business. equally in evaluating the competitive where purchases are based upon factors With Continental taken out of that effects of a merger in an oligopsony such as geographic area, historic business as a result of the merger situation. In other words, the preference or long-term contracts. Those proposed herein, Cargill will face much anticompetitive effects of a merger factors often reduce the need for less pressure to pay competitive prices and compete in grain buying markets. involving a small number of possible competition in buying American grain. buyers should be evaluated, in part, by This is particularly true given the However, the proposed final consent measuring the number and power of the difficulty of entry into the market by judgment fails to take those global sellers for those buyers. If the sellers are new firms. numerous, disorganized and small, then market factors into account in determining what is necessary to F. The final consent judgment fails to they will be unable to respond to the take into account other statutes which anticompetitive exercise of market maintain competitive grain buying in the United States. Congress intended should be considered power by small group of powerful in making determinations regarding buyers. That is precisely the situation in D. Under the proposed final consent agricultural markets. the present case where a small group of judgment, there is no assurance that the A primary rule of statutory buyers in the grain buying and portions of Continental’s operations marketing industry are able to exert construction is that when a court which are divested can or will remain anticompetitive power over numerous, interprets multiple statutes dealing with a competitive force in the markets in disorganized and small farmers selling a related object or subject, those statutes grain. That situation will be exacerbated question. are in pari materia and should be construed together. Common Cause v. by the merger proposed under the final The government notes, in its consent judgment in this case, and for Federal Election Commission, 842 F.2d Complaint, that ‘‘[g]rain traders such as 436 (D.C. Cir. 1988); Linquist v. Bowen, that reason, the final judgment is not in Cargill and Continental operate the public interest. 813 F.2d 884 (8th Cir. 1987). Essentially, extensive grain distribution networks, if a number of separate statutes relate to B. The proposed final consent judgment which facilitate the movement of grain the same thing, they are in pari materia, does not take into account the potential from farms to domestic consumers of and all ought to be taken into for continuing anticompetitive behavior these commodities and to foreign consideration in construing any one of in the post-merger market. markets.’’ Government Complaint at 3. them. United States v. Freeman, 44 U.S. In its Complaint, the government Given this need for ‘‘extensive grain 556 (1845). In the area of agricultural argues that very few firms buy grain distribution networks.’’ it is unclear as markets, Congress has passed a number within particular draw areas. to how the remnants of Continental of statutes in addition to the provisions Government Complaint, p.4. The divested as a result of the final consent of the Sherman Act and the Clayton Act government then contends that in those judgment will compete effectively in the which are in pari materia with those ‘‘captive draw areas, [a merged] Cargill markets where they are located, since antitrust statutes because they reflect would be in a position unilaterally, or they may not be part of such a congressional concerns about economic in coordinated interaction with the few distribution network with its concentration and the disproportionate remaining competitors, to depress prices competitive flexibility and access to bargaining power of farmers. All of paid to producers and other suppliers information about grain flows. In those statutes should have been because transportation costs would addition, the acknowledged need for considered in fashioning the proposed preclude them from selling to ‘‘extensive grain distribution networks’’ final consent judgment in this case. purchasers outside the captive draw in these markets will make it highly Because they were not, that final areas in sufficient quantities to prevent unlikely that new firms will enter these consent judgment is deficient. the price decrease.’’ Government First of all, the Department of Justice markets and provide additional Complaint, p.4. To remedy this problem failed to consider the implications of the in the context of the proposed merger, competition. Indeed, the Department of Packers and Stockyards Act of 1921, 7 the government simply proposes Justice concedes in its Complaint that U.S.C. 181 et seq. (the ‘‘PSA’’), in divestitures in a few of the captive draw new entry into the grain buying developing the final consent judgment. areas. However, even with the business is unlikely. Government The PSA was passed after the Sherman, divestitures proposed by the Complaint at 6. Clayton and Federal Trade Commission

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Acts, and was designed to go beyond the witnessed by the divestitures required those parties a true and correct copy of broad language of those statutes. Wilson in the proposed final consent judgment the same, via first-class United States & Co. v. Benson, 286 F.2d 891 (7th Cir. and the other allegations in the Mail, postage prepaid, addressed to the 1961). Among other things, the PSA was Complaint. Yet, the papers prepared by parties’ counsel of record as follows: directed at the lack of competition the government do not set out any between agricultural buyers and the reasons for approving the proposed Robert L. McGeorge, Esq., attendant possible depression of merger after the divestitures such as Attorney, U.S. Department of Justice, 325 producers’ prices. Swift & Co. v. United post-merger efficiencies which will Seventh Street, NW, Suite 500, Washington, States, 393 F. 2d 247 (7th Cir. 1968). In result from the action. Absent any DC 20530. the present case, one of the economic benefits resulting from the Marc G. Schildkraut, Esq., government’s concerns with the merger in this case, it is difficult to Howrey & Simon, 1299 Pennsylvania Avenue, proposed merger is that prices paid to understand how this merger can be in NW, Washington, DC 20004. farmers could be depressed in a post- the public interest in light of the other Paul T. Denis, Esq., merger market. Government Complaint potential anticompetitive problems set Swidler, Berlin Shereff Friedman, LLP, 3000 at 6. The PSA supports the notion that out above. K Street, NW, Suite 300, Washington, DC particular attention should be directed 20007–5116. III to mergers which implicate marketing Jack Quinn, Esq., for farmers. If necessary, this court should appoint Arnold & Porter, 555 Twelfth Street, NW, Another statute with implications for a special master to assist in determining Washington, DC 20004. the merger under consideration which if the proposed final consent judgment On this 21st day of October, 1999. was not considered by the government in this case is in the public interest Dale A. Comer, is the Capper-Volstead Act, 7 U.S.C. For all the various reasons set out Assistant Attorney General. 291–2. That statute specifically above, the Attorney General of Nebraska exempted agricultural cooperatives from Attorney General of New Mexico contends that the proposed final the antitrust laws because Congress consent judgment in this case is not in 6301 Indian School Rd., NE., Suite 400, intended to treat farmer cooperatives the public interest as required by 15 Albuquerque, New Mexico 87110; (505) 841– differently from typical corporations U.S.C. 16(e). However, should this court 8098, FAX: (505) 841–8095 and to give farmers the opportunity to not determine that such a finding is October 12, 1999. build their bargaining power relative to appropriate at the present time, the FACSIMILE NUMBER (202) 307–2784 corporate buyers. Fairdale Farms, Inc. v. Roger W. Fones, Yankee Milk, Inc., 635 F.2d 1037 (2nd Attorney General of Nebraska urges the court to appoint a special master in this Chief, Transportation, Energy & Agriculture Cir. 1980). This was done deliberately to Section, Antitrust Division, United States enable farmers to organize and work case as contemplated by 15 U.S.C. 16(f) Department of Justice, 325 Seventh together so as to obtain and exercise to hear evidence and to make a Street, NW., Suite 500, Washington, DC marketing power. Kinnet Dairies, Inc. v. recommendation to the court as to the 20530. Dairymen, Inc., 512 F.Supp. 608 (M.D. efficacy of the proposed final consent Re: United States v. Cargill, Incorporated and GA. 1981). Any merger which works judgment. The appointment of a special Continental Grain Company, Case against those principles to increase the master in this case is based upon the Number 1:99CV0187 (GK) power of buyers at the expense of complex nature of the agricultural Dear Mr. Fones: I want to take this farmers should therefore be subject to markets at issue and the various statutes opportunity to express my concerns for small special, heightened scrutiny. discussed above which interact upon farmers and ranchers and the serious threats Finally, the proposed final consent the application of the antitrust laws in I believe they face from the ever-increasing judgment fails to consider the this context. rate of consolidation in agricultural implications of the Agricultural Fair industries, of which the pending Cargill- Conclusion Continental Grain Company transaction is Practices Act of 1967, 7 U.S.C. 2301– For the reasons discussed above, the but one example. 2306 (the ‘‘AFPA’’). That Act was Not only is consolidation occurring on a intended to prevent corporations from Attorney General of Nebraska, as amicus curiae, urges the court to reject the horizontal level—that is between direct interfering in the formation of collective competitors—but large, economically marketing organizations involving proposed final consent judgment in this powerful companies are becoming more farmers. The overriding purpose of the case as not in the public interest. vertically integrated. Increasingly, these legislation was the protection of Alternatively, the Attorney General of vertically integrated companies are able to farmers’ rights to organize Nebraska urges the court to appoint a exercise significant power over the food cooperatively. Butz v. Lawson Milk Co., special master in this case who can chain, all the way from production to the packaged product. This can have serious 386 F.Supp. 227 (N.D. OH. 1974). Again, assist the court in analyzing the particular agricultural markets at issue. adverse effects on our economy and the AFPA’s recognition of the potential for important role performed by small farmers abusive practices by agricultural Dated this 21st day of October, 1999. and ranchers throughout our nation. As processors shows congressional concern Don Stenberg, #14023 Minnesota Attorney General Hatch pointed with the potential market power of Attorney General of Nebraska. out in his May 7, 1999 letter concerning this agricultural buyers which should have Dale A. Comer, #15365 matter to United States Assistant Attorney been reflected to a greater degree in the Assistant Attorney General, 2115 State General Klein, and consistent with the final consent judgment which is now Capitol, Lincoln, NE 68509–8920, Tel: (402) comments submitted to you by Attorney before this court. 471–2682. General Don Stenberg of Nebraska dated September 7, 1999, reliable studies indicate G. The final consent judgment fails to Certificate of Service that the gap between rising food retail prices and falling prices to farmers and ranchers has set out any benefits or efficiencies of the The undersigned hereby certifies that proposed merger. been growing for some time. This widening a copy of the foregoing Brief Of The gap is the result, at least in part, of growing The Department of Justice obviously Attorney General Of Nebraska As economic power of vertically integrated has concerns about the anticompetitive Amicus Curiae has been served upon agribusinesses and increasingly concentrated effects of the merger in this case as the parties herein by mailing each of markets and suggests that these markets may

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Certainly the divestitures and other antitrust enforcement agencies, my own Dear Mr. Fones: In my capacity as Attorney provisions required by the proposed consent included, seem capable of doing in response General of the State of South Dakota I am judgment ought to ameliorate the is to tinker around the edges. At a minimal filing these written comments in opposition anticompetitive effects of the acquisition to cost of a few divestitures and some relatively to the proposed consent decree in the above some extent. However, even with the insignificant restrictions on post-merger referenced action pursuant to the Antitrust required divestitures, this transaction will conduct, agribusiness companies in the Procedures and Penalties Act, 15 U.S.C. § 16. likely decrease the number of significant livestock, meatpacking industries, and now As you are aware, prior to the Department competitors in the national grain trading the grain industry continue to grow larger, of Justice’s proposed consent decree, I joined market in the United States. It will also more concentrated and more powerful. As a the Minnesota Attorney General’s letter bolster Cargill’s already significant market result, our farmers now confront the most expressing opposition to Cargill Inc.’s presence both in markets in which Cargill powerful concentrations of global economic proposal to acquire the worldwide and Continental currently are direct interests the world has ever known. commodity marketing business of competitors and in markets such as those in The economic history of North Dakota Continental Grain Company and urged the the areas of animal feed, feeding cattle and agriculture is largely the story of the unequal Department of Justice to oppose the proposed processing cattle, in which Continental is not balance of power between our farmers and merger. It was, and still is my opinion, that currently a significant competitor. the large agribusiness and transportation the proposed merger may well reduce Thus, I would urge that these difficult interests with which they must deal. While competition. The resulting consequences on issues be dealt with as comprehensively as producer cooperatives have played a South Dakota’s agricultural industry could be possible and that to the extent possible the significant role in counter-balancing these serious. While the proposed consent decree Department of Justice actively advocate economic forces and hold substantial would require Continental to divest itself of administrative and legislative responses that promise for the future, economic a couple of port, river and rail elevators and will enhance and invigorate competition in disorganization is the natural result of having would prohibit Cargill from acquiring certain the agricultural sector of our economy. In a large number of farmers, geographically interests and require entry into a throughput addition, the antitrust laws in this sector of dispersed and producing a wide variety of agreement, these measures are simply the economy should be effectively and timely commodities. The original antitrust laws inadequate to fully address the long term enforced, especially to protect the valuable were enacted over one hundred years ago in consequences of this merger of two global interests of small farmers and ranchers. I significant measure in response to calls to grain industry giants. hope that any additional moves toward protect farmers from the ravages of raw The Department of Justice, in its Complaint further concentration in agricultural markets economic power and to moderate its negative and Competitive Impact Statement, distinctly will be carefully and thoroughly scrutinized. effects on society. explained that if the acquisition of Sincerely yours, Unfortunately, these laws and the modern Continental’s worldwide commodity trends in their enforcement are proving Patricia A. Madrid, marketing business is permitted to proceed, inadequate to the task. Modern antitrust there will be a substantial lessening of Attorney General. policy has lost sight of its agrarian roots. The competition for grain purchasing services to cc: Attorney General Michael Hatch farm sector is hemorrhaging and that bedrock farms and other suppliers. As the Department Attorney General Don Stenberg institution, the family farm, is in mortal of Justice further explained, this will likely danger as a result of low commodity prices result in many American farmers and other State of North Dakota, Office of Attorney brought on, in part, by the imbalance of suppliers receiving lower prices for their General economic forces the antitrust laws were grain and oil seed crops. The proposed supposed to prevent. State Capitol, 600 E Boulevard Ave, consent decree simply does not go far enough I believe that the time has come to rethink Bismarck, ND 58505–0040; (701) 328–2210; to prevent the occurrence of the events antitrust analysis, particularly in the farmer- Fax (701) 328–2226. contained in these legal documents. agribusiness context. It is time to forthrightly The Cargill/Continental merger is not October 11, 1999. address the failures of economic analysis in adequately addressed by simply dealing with Mr. Roger Fones, this areas as well to give greater market implications of the merger on a region Chief, Transportation, Energy, and consideration to the importance of non- by region basis. The geographic market for Agriculture Section, Antitrust Division, economic concerns in antitrust enforcement. grain is nationwide with worldwide US Department of Justice, 325 7th St. I intend to work with my fellow state implications. NW, Rm 500, Washington, DC 20530. attorneys general to initiate this process. I Further, it does not appear that Department Dear Mr. Fones: The following comments hope that we will be able to count on the of Justice has adequately considered whether are submitted concerning the proposed Antitrust Division for assistance as we the divested remnants of Continental will be merger of Cargill, Incorporated, and proceed. a competitive force given the nature of the Continental Grain Company. Because there is In light of the above comments, I would grain market. It also appears that the little competition between Cargill and ask that the Antitrust Division reconsider its Department of Justice did not adequately Continental on the local level in North approval of this merger. consider the economic disparities that Dakota, my principal concern has been with Thank you for your consideration of these currently exist in the grain market power this merger’s potential impact on the grain comments. over this nation’s farmers who are many in export market. It is encouraging that the Sincerely, number and wield very limited power. The Antitrust Division responded to these merger only increases this disparity. concerns by requiring divestiture by Cargill Heidi Heitkamp, The federal antitrust laws were enacted of its Seattle port elevator and by placing Attorney General. over a hundred years ago in part to address limitations on any future throughout the large agricultural trusts that existed in the agreement with the subsequent acquirer of State of South Dakota Office of Attorney late 1800’s. As a result these large trusts were that facility. General, 500 East Capitol Avenue, Pierre, broken up. Now, despite the antitrust laws, Nevertheless, I continue to have serious South Dakota 57501–5070; Phone (605) 773– we are experiencing increasing concentration concerns about the increasing consolidation 3215, FAX (605) 773–4106 in all areas and aspects of the agricultural among the agribusiness firms who purchase October 5, 1999. industry. The concentration is both vertical the output of North Dakota’s farmers. I am Roger W. Fones, and horizontal in nature. Such concentration disappointed with the apparent inability of Chief, Transportation, Energy, and and resulting market power is the problem

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Missouri Vice President Communications. be a very big step backwards. ‘‘Our department,’’ he said, ‘‘will take a close look at this proposed merger. It is our South Dakota has the smallest attorney Animal Welfare Institute general’s office in the nation. I simply do not job to further competition in private business have the resources to take on this merger and P.O. Box 3650, Washington, D.C. 20007– and industry, and if we allow Samson and neither do the offices for the surrounding 0150; Telephone: (202) 337–2332, Fax (202) Delilah to merge we may be doing the states. No matter how much myself and the 338–9478 consumer a disservice.’’ Attorneys General of the surrounding states October 11, 1999. The chairman of Samson protested are opposed to the merger we are not in a Hon. Gladys Kessler, vigorously that merging with Delilah would position to go to war with Cargill and Fax: 202–354–3442. not stifle competition, but would help it. Continental. Only the Department of Justice ‘‘The public will be the true beneficiary of Dear Judge Kessler: I am writing to this merger,’’ he said. ‘‘The larger we are, the is sufficiently staffed and financed to contest respectfully request that the deadline for a merger of this size. most services we can perform, and the lower comment on the Cargill/Continental prices we can charge.’’ As the Attorney General from an acquisition be extended by the Department of agricultural state, I have witnessed first hand The president of Delilah backed him up. Justice for another sixty days to December 12, ‘‘In the Communist system the people don’t the devastating impact upon ranchers and 1999. farmers that can result from market have a choice. They must buy from the state. It is my understanding that the Department In our capitalist society the people can buy concentration by commodity purchasers. The of Justice states, ‘‘The court’s role in proposed merger will only make the situation from either the Samson or the Delilah protecting the public interest is one of Company.’’ worse. The grain and livestock products ensuring that the government has not produced by this nation’s farmers and ‘‘But if you merge,’’ someone pointed out, breached its duty to the public in consenting ‘‘there will be only one company left in the ranchers are the lifeblood to this great to the decree.’’ country. The Department of Justice should do United States.’’ I address this letter to you because of the ‘‘Exactly,’’ said the president of Delilah. whatever is necessary to preserve the ability Department’s failure to act in the blatant of our farmers and ranchers to conduct ‘‘Thank God for the free enterprise system.’’ current case affecting millions of animals The Anti-Trust Division of the Justice business in a competitive, free and open suffering in hog factories: the acquisition by Department studied the merger for months. market place. Only the prevention of the Smithfield Foods, first of Murphy Farms and Finally the Attorney General made this proposed merger is an adequate remedy. The not of Tysons hog component. All of these ruling. ‘‘While we find drawbacks to only proposed consent decree is simply huge corporations employ the same cruel one company being left in the United States, inadequate and as such I object to its entry. methods of hog production and, by their we feel the advantages to the public far Yours truly, ‘‘vertical integration,’’ are destroying family outweigh the disadvantages.’’ Mark Barnett, farms at a terrifying pace. ‘‘Therefore, we’re making an exception in Because of the studies of the Animal Attorney General, State of South Dakota. this case and allowing Samson and Delilah Welfare Institute and its long-term efforts to to merge.’’ Tab 3 protect family farmers who raise pigs ‘‘I would like to announce that the Samson humanely, I am responsible, as President of and Delilah Company is now negotiating at American Agriculture Movement the Animal Welfare Institute, for a detailed the White House with the President to buy AAM Inc., 2898 Audrain Road, #114, grasp of this huge problem, of which animal the United States. The Justice Department Sturgeon, MO 65284 feed is a major component. The Cargill/ will naturally study this merger to see if it Continental acquisition impinges heavily violates any of our strong anti-trust laws.’’ October 10, 1999. upon this feed and is harmful to the family Chief, Transportation, Energy, & Agriculture farmers whose ability to compete in a system Catholic Charities, Diocese of Sioux City Section, Antitrust Division, U.S. increasingly monopolized by agribusiness is October 6, 1999. Department of Justice, 325 Seventh St., being zeroed out. Roger W. Fones, N.W., Suite 500, Washington, DC 20530. The general public, likewise, is being Chief, Transportation, Energy and Dear Roger W. Fones: Please place these cheated because the anti-trust laws are not Agriculture Section, Antitrust Division, comments in the Federal Register. protecting the public, as they are intended to United States Department of Justice, 325 AAM wants to state its opposition to: do, by proper enforcement. Seventh Street, NW, Suite 500, Cargill’s announced purchase of Continental Respectfully yours, Washington, D.C. 20530. Grain’s merchandising business; Christine Stevens, Dear Sir: We are writing in regard to the Smithfield Foods purchase of Murphy President. Department of Justice’s ‘‘Final Judgement’’ Family Farms and Tyson Food’s Pork relative to Cargill’s purchase of Continental Group. P.S. You may be amused by the quotation Grain’s grain merchandising division. Oligopoly is just a fancy word for from Art Buchwald which was recently It is our understanding that the Department monopoly. The Clayton & Sherman Antitrust brought to my attention through ‘‘The filed a formal ‘‘Complaint’’ with the U.S. Laws were enacted after the release of THE Agribusiness Examiner,’’ issued by A.V. District Court charging that Cargill’s purchase JUNGLE by Sinclair Lewis concerning Krebs, Editor and Publisher. I attach a copy would ‘‘substantially lessen competition for excesses in the slaughter industry. Today’s of page 14. the purchase of corn, soybeans and wheat in excesses are more extreme but hurt farmers ANIMAL WELFARE INSTITUTE each of the relevant geographic markets, and ranchers more directly and pose a threat enabling it unilaterally to depress prices paid to the consumer. The U.S. cheap food policy ‘‘THANK GOD FOR THE FREE ENTERPRISE to farmers. The proposed transaction will will fail with the continued disregard of SYSTEM’’ also make it more likely that the few these laws. In his book of essays Down the Seine and remaining grain trading companies that With the present trend to consolidation in Up the Potomac (G. P. Putnam’s Sons: 1977) purchase corn, soybeans and wheat in these the livestock industry, 3 or 4 vertically political humorist Art Buchwald imagines a markets will engage in anticompetitive integrated companies not only scenario where two corporations—Samson coordination to depress farm prices.’’ disproportionately control several livestock Securities and Delilah Company—asked the We also understand that on the same day sectors but food production, distribution and head of the Justice Department’s Anti-Trust this ‘‘Complaint’’ was filed, the Department sales. This removes all pretense of fair and Division if the two companies could merge. filed a consented ‘‘Final Judgement’’ agreed open competitive markets. At the time Samson Securities owned to by all parties.

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This makes no sense to those of us who unfair prices paid to them, but rural you think would have gone on in the hands agree with the Department’s own finding in communities are experiencing negative of a large corporation? What benefit does its ‘‘Complaint’’. economic impacts as corporate agribusiness increased concentration have on our This purchase, if approved in its present giants continue to consolidate and control American agriculture? form, will further accelerate the vertical more and more of our food system. Many I don’t know just exactly how long these integration of the agricultural sector with dire small towns in the state depend on farming mergers will take to impact our local farmers. consequences for family farm agriculture, income to support their local I do not that when Farmland Industries and rural America and the consumers of our food infrastructures—schools, banks, churches Cenex Harvest States consolidated their supply. and small businesses. The trend toward petroleum operations into Country Energy We urge the Department of Justice to vertical and horizontal integration is L.L.C. that we took an enormous hit on withdraw its ‘‘Final Judgement’’; reaffirm the threatening the economic viability of these product pricing and had to go to the outside. adverse impact of the Cargill purchase upon communities. I hated to do that, but our farmers need the economic and social structure of rural Cargill has utterly failed to addressed the competition in the market place. What America and to stand by its original above-mentioned concerns generated by impact did this joint venture for most ‘‘Complaint’’. excessive vertical and horizontal integration cooperatives that had not sought out other Very truly yours, in the industry. We urge you to reject the supplies? They were forced to pay a higher proposed consent decree. Marilyn Murphy, price for this consolidation. I’m am against Sincerely, these mergers if they do not benefit our Social Concerns Facilitator/Rural Life producers. I just believe that we need to Contact. Suzanne R. McIntosh, Esq., protect our farmers by making sure that Program Director. Clean Water Action Alliance competition continues to be strong. Just thought I would share my opinion with you. Mr. Roger W. Fones, Farmland Co-Op Inc., A Pro Farmers Choice Thank you, Chief, Transportation, Energy & Agriculture P.O. Box 276, Brush, Colorado 80723; Section, Antitrust Division, United States Telephone 1–970–842–5059, Fax 1–970–842– Glenn A. Babcock, Department of Justice, 325 Seventh 5667 General Manager. Street, N.W., Suite 500, Washington, D.C. October 8, 1999. 20530. Institute for Agriculture and Trade Policy Re: United States of America v. Cargill, Inc. Roger W. Fones, and Continental Grain Company Chief, Transportation, Energy & Agriculture 2105 First Avenue South, Minneapolis, MN Section, Antitrust Division, United States 55404–2505 Dear Mr. Fones: I am writing on behalf of Department of Justice, 325 Seventh October 7, 1999. our organization to object to the proposed Street, N.W., Suite 500, Washington, DC Mr. Roger W. Fones, final judgment in this case. The approval of 20530. the consent decree is not in the public Chief, Transportation, Energy & Agriculture interest and is not consistent with the public Dear Mr. Fones: It is my belief that the Section, Antitrust Division, United States policy underlying federal antitrust laws. Our merger of Cargill and Continental Grain has Department of Justice, 325 Seventh organization has over 40,000 members state- to be stopped. Our farmers have realized for Street N.W., Suite 500, Washington, D.C. wide. We are concerned with the growing a long time that without market competition, 20530. concentration in agriculture and the resulting they suffer from pricing that is below what Re: United States of America v. Cargill, Inc. economic impact on family farmers and can be achieved through active competition. and Continental Grain Company environmental degradation of our rural This lack of competition threatens the future communities. Antitrust laws have long of our agricultural system. It may be all right Dear Mr. Fones: I am writing to express recognized that concentration in agricultural for the large corporations and regional IATP’s opposition to Cargill’s proposed industries is harmful to farmers. These entities, but I have to look out for my acquisition of Continental Grain Company, protections have not been enforced to individual farmers. I do not think you take an acquisition which would unify the second prevent extensive concentration in the consolidation seriously. When you look a and third largest grain traders in North meatpacking and other agricultural industries consolidation I believe you have to look at all America, which export 40 percent of which are now being controlled by a small their activities including strategic alliances, American agricultural commodities. number of agribusiness giants. and joint ventures. A full-blown combination Competition in agricultural markets is Both the DOJ/FTC and NAAG Guidelines of assets is not telling the whole story. rapidly declining in the face of mergers and raise serious questions and grave concerns Concentration of large companies is one of acquisitions and a plethora of new corporate regarding the economic effect of the proposed the reasons for lower prices even though it relationships including joint ventures, Cargill-Continental merger. The grain may be only one of many. I do not see how strategic alliances or partnerships, industry is already heavily concentrated, you can say that some of these merging interlocking directorates and partial leaving farmers who sell their grain to companies preserve competition. If you truly ownership. In its analysis, the Department of exporters vulnerable and with very limited believe this I would like to be able to explain Justice failed to recognize the wider options. Both Cargill and Continental are that to my farmers. You as a representative concentration in agriculture markets beyond among the top four corn and soybean our political system need to step up to the grain buying to include handling, processing exporters nationwide. Cargill estimates that plate and address this growing concern of and merchandising both domestically and together they will control 35% of U.S. grain rapid consolidation. We need to be more pro globally. exports. This type of extensive control in the active in our communities and in our state The principle result of this concentration market share by Cargill and Continental by even court actions to curtail market would be a significant increase in the extends beyond grain processing to animal concentration. imbalance of power favoring agribusiness at feed and meat-packing. If the economic I represent a local cooperative association the expense of the farmer. This growing power of these mega-firms is not controlled, of approximately 1000 producers. In imbalance would exacerbate the trend toward a few large corporations will control the conversations with the top 165 growers, I can lower prices for farmers and likely result in marketplace and our food supply which is say that they know the results and have been higher prices for consumers. harmful to both farmers and consumers. impacted from no competition to placed While the proposed consent decree The federal antitrust laws are important to competition in the grain market in our requires divestiture of some grain elevators in allow every business entity—no matter how community. In 1997 we had only one local certain locations, it does not, in our opinion, small—the freedom to compete. The rapid entity purchasing grain. In 1998 after a meet the spirit and the letter of federal anti- rate of concentration in the agricultural partnership with us that opened a trust law. We must use our anti-trust laws to sector is threatening the ability of the small competitive elevator, the price offered to our preserve our free market system and ensure farmer to compete effectively in the growners increased $0.5 a bushel and the competition that produces fair prices for both marketplace. Not only are farmers suffering competitor was forced to pay for protein. producers and consumers. because of the lack of access to markets and Without this action, how many dollars do Thank you for your attention in this matter.

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Sincerely, according to the economic conditions that are Re: United States of America v. Cargill, Inc. prevailing at a given time. and Continental Grain Company Niel Ritchie, The ability to transfer assets will allow Dear Mr. Fones: Pursuant to the Antitrust Policy Analyst. Cargill to maintain its dominant status in all Procedures and Penalties Act, I am writing to Dated: November 10, 1999. of these markets irrespective of its object to the proposed final judgment in this Judge Gladys Kessler, competitive prowess, Unlike farmers, who case. The approval of the consent decree is U.S. District Court, for the District of are forced into bankruptcy after a few bad not in the public interest and is not Columbia, 333 Constitution Ave. N.W., seasons, Cargill will maintain its dominant consistent with the public policy underlying Washington, D.C. 20001. status over time regardless of economic federal antitrust statutes. performance over the short-term. With The proposed consent decree requires Re: United States of America v. Cargill, Inc. Continental’s assets. Cargill will become an and Continental Grain Company divestiture of certain grain elevators in even more powerful and ‘‘sophisticated’’ specified locations, but otherwise approves Dear Judge Kessler: Presently before you firm, even more capable of strategic, the merger of the second and third largest awaiting your approval is a ‘‘Final Judgment’’ cooperative, and anti-competitive behavior. grain traders in North America, which export filed by the U.S. Department of Justice As the Kansas Cattlemen’s Association 40 percent of American agricultural relative to the purchase of the grain Chairman I, Michael L. Schultz am acting on commodities. This continued concentration merchandising division of Continental Grain behalf of our members to state that we are of commodity exporters violates the spirit Co. by the Cargill Corp. opposed in the continual mergers and and the letter of the federal antitrust laws. Legal precedent, according to the acquisitions that are becoming common place The increasing concentration in Department of Justice, requires that ‘‘[t]he in our society. These mergers do have agricultural marketing and processing will balancing of competing social and political detrimental effects on our communities by mean continued low prices for farmers and interests affected by a proposed antitrust taking the wealth out of the community and higher prices for consumers. It was this very consent decree must be left, in the first destroying competition and family life, type of concentration, which lead to the instance, to the discretion of the Attorney which is what built this country. creation and passage of the first federal General.—The court’s role in protecting the We have seen the effects of the antitrust laws. public interest is one of insuring that the consolidation in the cattle industry and its The primary flaw in the U.S. Justice government has not breached its duty to the negative effects on our industry and Department’s analysis is that it failed to public in consenting to the decree. The court communities. It is mentally conditioning that recognize the wider concentration in is required to determine not whether a has taken over, along with great amounts of agriculture markets beyond grain buying to particular decree is the one that will best money from the corporations to pressure the include grain handling and merchandizing serve society, but whether the settlement is political and legal systems to allow these both a nationwide and worldwide business. within the reaches of the public interest.’’ mergers to continue. We are not sure where The proposed merger between Cargill and In its July 8, 1999 ‘‘Final Judgment’’ I it will end, possibly when we have 1 Continental fails to explain what benefits believe in fact that the Department of Justice company in the U.S.A., Russia and China will be produced. The economies of scale of has ‘‘breached its duty to the public in then will we have enough consolidation in these two corporations merging will not lead consenting to the decree’’ and that its ‘‘Final our society. to increased profits. Rather, the increased Judgment’’ is not ‘‘within the reaches of the We ask that you enforce the anti-trust laws profits will come on the backs of the farmers public interest.’’ to ensure competition in the market, once receiving a lower price for their grain and Clearly, as the Department of Justice’s own competition is reduced the corporations will consumers paying higher prices for their ‘‘Complaint’’ states the Cargill purchase not pass the savings or profits back to the products, the very consequence antitrust would ‘‘substantially lessen competition for producers or consumers of which they claim. statutes seek to prevent. purchases of corn, soybeans, and wheat in A great example for doing the reverse is the Catholic Social Teaching states a firm each of the relevant geographic markets, breakup of Ma-Bell. It produced more belief in the principle that the economy enabling it unilaterally to depress the prices competition in the telecommunication exists for the people, not the people for the paid to farmers. The proposed transaction industry and now we have competition, great economy; In this merger there is a threat to will also make it more likely that the few phone rates, cellular service, etc. This is what that principle and therefore I urge you to remaining grain trading companies that drives creativity and healthy communities. In reject the proposed consent decree. purchase corn, soybeans, and wheat in these Kansas a population of less than 3300 serves Sincerely, markets will engage in anticompetitive over 80% of the communities. We do need coordination to depress farm prices.’’ your support to end the death of our Thomas (Toby) Pearson, Using the Department of Justice’s own communities, competition will ensure that Director of Social Concerns, Minnesota figures and criteria we see in its ‘‘Complaint’’ small communities survive. Catholic Conference. that even before this announced purchase the In the name of economic and social justice U.S. grain trade was already dominated, if and the preservation of the family farm Missouri Farm Bureau Federation not monopolized, by Cargill and nothing in system of agriculture in the United States I P.O. Box 658, 701 South Country Club Drive, the Department of Justice’s ‘‘Final Judgment’’ urge you to recommend that the Department Jefferson City, MO 65102 / (573) 893–1400 addresses itself to that important issue. of Justice withdraw its ‘‘Final Judgment,’’ Likewise, the Department of Justice must study in far greater detail this ill-advised sale July 13, 1999. consider more that the grain buying and carefully consider the grave anti-trust Mr. Roger Fones, operations of Cargill. The acquisition of issues that it presents and the dire Chief, Transportation, Energy and Continental’s seventy elevators will enhance consequences to both producers and Agriculture Section, Antitrust Division, the economic power of Cargill as a general consumers of our food supply. US Department of Justice, 327 7th Street, NW, Suite 500, Washington, DC 20530. matter. such a result concerns farmers Michael L. Schultz, because Cargill’s assets and economic power Chairman, Kansas Cattlemen’s Association. Dear Mr. Fones: We appreciate the Justice can be deployed across a range of agricultural Department’s scrutiny of the proposed sale of sectors. Minnesota Catholic Conference Continental Grain Company’s Commodity For example, Cargill stands out as a top- Marketing Group to Cargill, Incorporated and four firm in beef packing, cattle feedlots 475 University Avenue W., St. Paul, believe the stipulations included in the (where Continental is the largest), pork Minnesota 55103–1996) Phone (651) 227– consent decree are warranted. The packing, broiler production, turkey 8777, Fax (651) 227–2675 preservation of competition at the local level production, animal feed plants, grain elevator September 23, 1999. is of the utmost importance; agricultural capacity, flour milling, dry corn milling, wet Mr. Roger W. Fones, producers can ill afford consolidation that corn milling, soybean crushing, and ethanol Chief, Transportation, Energy & Agriculture further depresses commodity prices. While production. Such a dominant position across Section, Antitrust Division, 325 Seventh the Justice Department complaint states the many agricultural markets will allow Cargill Street N.W., Suite 500, Washington, D.C. proposed Cargill/Continental sale would to transfer resources between sectors 20530. have adversely affected competition in some

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 16005 areas, we urge the Justice Department to Continental Grain are often overlooked when large mergers or conduct a similar review of purchase offers Dear Judge Kessler: Presently before you acquisitions take place in our food and made for the facilities is which divestiture is and awaiting your approval is a ‘‘Final agriculture system. required. Judgment’’ filed by the U.S. Department of In the name of economic and social justice Specifically, we have been contacted by Justice regarding the purchase by Cargill and the preservation of an independent and producers in southeast Missouri who are Corp. of the grain merchandising division of locally-controlled family farm system of concerned that Continental’s Cottonwood Continental Grain Co. agriculture in the United States, we urge you Point facility may be sold to an entity that According to the Department of Justice, to recommend that the Department of Justice would also have an excessive influence on legal precedent requires that the ‘‘balancing withdraw its ‘‘Final Judgment’’. We ask that the local grain market. Specifically, there are of competing social and political interests this ill-advised acquisition by Cargill rumors circulating that Bunge may be affected by a proposed antitrust consent undergo far greater study in respect to interested in this facility. We cannot stress decree must be left, in the first instance, to antitrust issues and the dire consequences to enough the importance of preserving the discretion of the Attorney General. The both producers and consumers of our food competition for agricultural products, court’s role in protecting the public interest supply. regardless of who the principal parties are. is one of insuring that the government has Respectfully, We urge the Justice Department to not breached its duty to the public in scrutinize every offer to purchase facilities consenting to the decree. The court is Brother David Andrews, CSC, that are offered for sale as a result of the required to determine not whether a Executive Director. Cargill divestiture and prevent any further particular decree is the one that will best erosion of marketing options available to serve society, but whether the settlement is NFO Kansas agricultural producers. within the reaches of the public interest.’’ Sincerely, 1783 Barn Road, Solomon, KS 67480, 785– In its July 8th ‘‘Final Judgment’’, the 479–2183 Charles E. Kruse, Department of Justice appears to have Roger W. Fones, President. breached its duty to the public in consenting to the decree, and we believe that its ‘‘Final Chief, Transportation, Energy & Agriculture Missouri Soybean Association Judgment’’ is not ‘‘within the reaches of the Section, Antitrust Division, United States public interest.’’ Department of Justice, 325 Seventh P.O. Box 104778, 520 Ellis Blvd., Suite N, The Department of Justice’s own Street, NW, Suite 500, Washington, DC Jefferson City, MO 65101; Phone: (573) 635– ‘‘Complaint’’ states the Cargill purchase 20530. 3819, Fax: (573) 635–5122 would ‘‘substantially lessen competition for Mr. Fones: I am writing on behalf of our August 24, 1999 purchases of corn, soybeans and wheat in many grain farmer members in Kansas to ask Mr. Roger Fones, each of the relevant geographic markets, that the proposed merger between U.S. Department of Justice, Washington, DC enabling it unilaterally to depress the prices Continental and Cargill grain be revisited. We 20530. paid to farmers. The proposed transaction strongly, passionately feel that this violates RE: Civil Action #991875 Filed 7–8–99 will also make it more likely that the few the intentions of pro-competitive remaining grain trading companies that Dear Mr. Fones: The Missouri Soybean marketplace acts such as the Clayton Act purchase corn, soybeans and wheat in these Association represents nearly 2,000 soybean provides. markets will engage in anticompetitive farmers across the state of Missouri. We have Our organization is a bargaining group. coordination to depress farm pieces.’’ been very vocal expressing our concern about Anytime two major buyers like these The Department of Justice needs to take the consolidation within our agricultural companies join together, it lessons the into full consideration the existing dominant industry. We want to thank you for keeping strength of farm bargaining. a protective eye out for too much position of Cargill in our nation’s grain trade. Please extend the comment period for consolidation resulting in lack of competition The acquisition of Continental Grain’s another 60 days and revisit this issue. and unfair prices to our farmers. elevators (numbering 70) will enhance the Thanks. economic power of Cargill. Such a result We understand Bunge Grain Company is Sincerely, interested in purchasing the Continental concerns farmers because Cargill’s assets and Ray Kohman, Grain Cottonwood Point elevator located in economic power can be deployed across a Southeast Missouri. We fear that purchase nearly complete range of agricultural sectors: Kansas NFO President. Cargill has a dominant position in beef would eliminate competition in that area Roger W. Fones, since this acquisition would give them a total packing, cattle feedlots, pork packing, poultry production, animal feed plants, grain Chief, Transportation, Energy & Agriculture of seven elevators within a fifty-mile radius. Section, Antitrust Division, United States We would encourage you to carefully look elevator capacity, flour milling, corn milling, Department of Justice, 325 Seventh at all the options available for purchasing the soybean crushing and ethanol production. Street, NW, Suite 500, Washington, DC Cottonwood Point elevator to determine Such a dominant position across many 20530. which of the large grain-trading firms, agricultural markets allows Cargill to transfer including Cargill, would offer the best long- resources between sectors according to the Mr. Fones: On behalf of our members in term fair prices for Southeast Missouri grain economic conditions that are prevailing at a Kansas National Farmers, we would like at producers. given time. request that the merger between Cargill and Please let me know if you have any The ability to transfer assets also allows Continental be NOT allowed. Our questions on this matter. Thank you for your Cargill to maintain its dominant status in all organization passed a resolution at our state attention to this important agriculture issue. of these markets irrespective of its annual meeting in August which opposed competitive prowess. With the additional this ‘‘Giant of Mergers.‘‘ Sincerely, assets of Continental Grain, Cargill will We are very concerned about the lack of Dale R. Lugwig, become an even more powerful firm and ever enforcement on anti-trust issues today. Our Executive Director/CEO. more capable of strategic anti-competitive very livelihoods are at stake due to increasing behavior. market channel monopolization. We feel that National Catholic Rural Life Conference The National Catholic Rural Life our ability to get competitive bids will be Conference has stood with small farmers and reduced and we feel that grain ‘‘basis levels’’ 4625 Beaver Avenue, Des Moines, Iowa rural communities since our inception in will decline due to ‘‘Price Leadership’’ 50310–2199; (515) 270–2634 1923. Besides the farm crisis of the 1980s, we strategies. October 8, 1999. have used our voice to defend the family Please conduct a more thorough Judge Gladys Kessler, farm system throughout the 20th century as investigation into the Cargill/Continental U.S. District Court for the District of corporate and industrial interests have Grain sale before submitting a Final Columbia, 333 Constitution Avenue, NW, eroded our nation’s rural communities. Once Judgment on the matter. Also, please extend Washington, DC 20001. again we raise our voice in solidarity with the public comment period for another sixty Re: United States of America v. Cargill and the vulnerable individuals and families who days.

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Thank You! In addition to failing the public interest According to the Department of Justice, the test, we believe the proposed enforcement court is required to determine, not whether Greg Stephens, mechanisms are not enforceable and are this judgment to allow the Cargill/ Kansas NFO National Director, 842 S. 10th, therefore, insufficient. The stipulation Continental sale best serves society, but Salina, KS 67401. requires a number of divestitures in order to whether it falls within the range of maintain competition. Yet, what happens if acceptability or is ‘‘within the reaches of National Farmers Union another buyer cannot be found. And, if a public interest.’’ 400 Virginia Avenue, S.W., Suite 710, buyer is found, what buyer will be able to The Cargill purchase of Continental Grain Washington, D.C. 20024, Phone (202) 554– effectively compete with the newly enlarged facilities will increase Cargill’s buying power 1600 Cargill? Once Continental Grain has been and price control; it will decrease the swallowed by Cargill, the damage is done. October 7, 1999. markets available to farmers and cause We cannot come back at a later date and have farmers to have to transport grain farther, Mr. Roger W. Fones, any assurance of being able to replace the especially if some terminals are closed to Chief, Transportation, Energy & Agriculture loss of this competitor. increase corporate profits; it will position Section, Antitrust Division, U.S. The proposed stipulation also completely Cargill to dominate specialty or ‘‘niche’’ Department of Justice, 325 Seventh fails to address the roles Cargill and markets because of the acquisition of Street, N.W., Suite 500, Washington, D.C. Continental play as the largest and third continental’s storage facilities (markets that 20530. largest grain exporters. Lack of competition farmers are currently using to try to find Re: United States of America v. Cargill, Inc. in the export market has a direct impact on profitability in already heavily Cargill- and Continental Grain Company U.S. grain producers for two reasons: 1) dominated markets). Dear Mr. Fones: On behalf of the 300,000 exports make up an important part of our I believe that every person has a right to farm and ranch families of the National market and, 2) the domestic market is the gifts of creations, especially to the Farmers Union, I write to express our strong influenced by the world price. While the necessities of life. Respect for the dignity of opposition to the acquisition of Continental complaint alleges the merger will lessen the human person also requires that each Grain company by Cargill, Inc. competition, and estimates that collectively person has the right to free enterprise, the We agree with the allegation in the Cargill and Continental control right to undertake the work that is their complaint that alleges the merger would approximately 40 percent of all U.S. grain calling and the right to fair compensation for substantially lessen competition for grain exports, the stipulation does nothing to that work. This right is compromised when purchasing service to farmers and other address that problem. too much control is concentrated to increase suppliers in many areas in the United States. In addition, the only alternative to the the power and wealth of a few. Food, as well We also agree that the merger would increase proposed final judgment, discussed in the as the facilities for production and concentration in the delivery point for consent decree, is that of going to trial and distribution, should not be concentrated to settlement of Chicago Board of Trade obtaining a court decision similar to the the benefit of a few. contracts. And, we agree that the covenant proposed stipulation. The consent decree Therefore I urge that you not allow the sale not to compete is an unreasonable violation fails to consider the alternative of of Continental to Cargill. Thank you very of trade. disallowing the acquisition. much. The proposed stipulation attempts to While we appreciate that the Justice Sincerely, address these concerns by requiring a Department required a number of number of divestitures. Yet, even these concessions from the merging parties, the Sister Kathleen Grace, divestitures are insufficient to avoid the harm bottom line is that there is just no way to Pastoral Minister. that will inevitably occur to market allow this merger without causing competition if there is a merger between irreversible damage to market competition. O.C.M.—Organization for Competitive Cargill—the second largest grain trader in Therefore, we respectfully request that the Markets North America and the largest grain exporter, proposed consent decree be rejected. 301 South 13th Street, Suite 401, Lincoln, and Continental—until recently the third Sincerely, Nebraska 68508, (402) 434–2938 largest grain trader and the third largest grain October 1, 1999. exporter. Leland Swenson, Bob McGeorge, If the two firms were less dominant, the President. U.S. Department of Justice, Antitrust proposed divestitures may have been Division, 3257th St. NW, Room 506, sufficient to insure post-merger competition Office of Hispanic Ministry, St. Joseph Washington, D.C. 20530. within the grain market. However, when the Catholic Church tops firms are allowed to merge, there is no Dear Bob: This letter seeks confirmation 320 Mulberry, Waterloo, IA 50703, 319–234– that your office has received our objections way to recoup the loss to market 6744 competitiveness. to the Cargill-Continental consent decree. In the countryside, Continental is known September 30, 1999. Please advise. for being an aggressive grain buyer. Elevator Judge Gladys Kessler, Given the great interest in this merger, operators report Continental will usually beat U.S. District Court for the District of OCM has also requested that the Department any other offer by $.02 per bushel, if given Columbia, 333 Constitution Ave. N.W., of Justice seek an extension of the comment the chance. And while $.02 is Washington, D.C. 20001. period, as allowed in the Tunney Act. Since inconsequential, it turns into millions of Dear Judge Kessler: The Department of many groups and individuals will need to be dollars when multiplied by the volume of Justice’s investigation and subsequent formal advised of a potential extension, OCM is grain that farmers and ranchers sold to ‘‘Complaint’’ revealed that the nation’s interested in knowing whether DOJ will seek Continental last year. largest private corporation, Cargill, is such an extension. Cargill’s extensive submission of attempting to overwhelmingly control the Thank you for your help in this matter. information in public documents reveals that U.S. grain trade. Legal documents show that Sincerely, Cargill is already operating in the areas Cargill’s purchase would ‘‘substantially Jon K. Lauck where Continental operates. The clear reason lessen competition for purchases of corn, for this merger is the elimination of soybeans, and wheat in each of the relevant O.C.M.—Organization for Competitive competition. There is nothing about this geographic markets, enabling it unilaterally Markets merger that will increase competition to to depress the prices paid to farmers. The either farmers or ranchers or other members proposed transaction will also make it more 301 South 13th Street, Suite 401, Lincoln, of the general public. Therefore, both the likely that the few remaining grain trading Nebraska 68508, (402) 434–2938 Department of Justice and the Court should companies that purchase corn. soybeans and September 20, 1999. find that the proposed stipulation that allows wheat in these markets will engage in anti- Mr. Roger W. Fones, the merger is not and cannot be in the public competitive coordination to depress farm Chief, Transportation, Energy & Agriculture interest. prices.’’ Section, Antitrust Division, United States

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Department of Justice, 325 Seventh merger given the growing concentration in The DOJ argues in its complaint that Street NW, Suite 500, Washington, DC the banking market.2 It was the growing within particular draw areas very few firms 20530. power of agribusiness firms that triggered buy grain. It argues that if Continental’s Re: United States of America v. Cargill, Inc. concerns among farmers and inspired the operations were absorbed ‘‘Cargill would be and Continental Grain Company passage of the Sherman Act. And it was in a position unilaterally, or in coordinated continuing concentration in agricultural Dear Mr. Fones: I am writing to you to interaction with the few remaining markets, particularly through merger, that explain OCM’s opposition to Cargill’s competitors, to depress prices paid to prompted passage of additional antitrust acquisition of Continental Grain Company, producers and other suppliers because statutes such as the Clayton Act. The an acquisition which would unify the second transportation costs would preclude them importance of the antitrust laws to farmers is from selling to purchasers outside the captive and third largest grain traders in North explained by the difficulties inherent in America, which export 40 percent of draw areas in sufficient quantities to prevent farmers bargaining with large and powerful the price decrease.’’ 4 Divestitures in a few of American agricultural commodities. agribusiness buyers. Legislators and courts Specifically, OCM objects to the analysis these markets as proposed by the DOJ does have fully recognized these concerns in not address this problem. Even with the used by the Department of Justice (‘‘DOJ’’) statutes and in cases, respectively, but the when reviewing the acquisition. DOB’s divestitures, grain buying would remain DOJ’s merger analysis failed to weigh these heavily concentrated and susceptible to analysis: (1) failed to consider the wider considerations. I have explained this collusive and cooperative activity. concentration in agricultural markets beyond background in a law reviews article entitled (3) DOJ failed to show that the divested grain buying; (2) failed to consider the ‘‘Toward an Agrarian Antitrust,’’ 75 North remnants of Continental will be a continuing potential for anticompetitive Dakota Law Review (August/September 1999) competitive force absent a large network of behavior in the post-merger market; (3) failed which I have included for your review. elevators which buy grain: to show that the divested remnants of The DOJ must consider more that the grain Furthermore, it is unclear how the divested Continental will be a competitive force buying operations of Cargill. The acquisition components of Continental will remain an absent a large network of elevators which buy of Continental’s seventy elevators will grain; (4) DOJ failed to consider the impact enhance the economic power of Cargill as a effective competitor with Cargill absent the on potential entry into grain buying markets; general matter. Such a result concerns former entity’s large-scale elevator capacity. (5) failed to consider the nature of the grain farmers because Cargill’s assets and The few facilities that will not be acquired selling market; (6) failed to consider the economic power can be deployed across a by Cargill hardly constitute a legitimate economic disorganization of farmers which range of agricultural sectors. For example, competitive threat. As the DOJ emphasized in can be exploited by powerful buyers; (7) Cargill stands out as a top-four firm in beef its complaint, grain buying involves a large- 5 failed to consider information disparities in packing, cattle feedlots (where Continental is scale network of facilities. The few agricultural markets; (8) failed to explain the the largest and where it plans to invest the remaining Continental facilities, stripped of benefits of the merger; (9) failed to consider one-half billion dollars paid by Cargill for its their internal networks which provide them a range of statutes that Congress intended elevator chain), port packing, broiler with competitive flexibility and information courts to consider when making decisions production, turkey production, animal feed about grain flows, will be powerless in about agricultural markets; (10) and failed to plants, grain elevator capacity, flour milling, comparison with Cargill, with its $51 billion consider that the consent decree risks leaving dry corn milling, wet corn milling, soybean in annual revenues and 81,000 employees in farmers without an effective outlet for legal crushing, and ethanol production. Such a 60 different countries. Continental’s decision redress. By failing to consider the dominant position across many agricultural to sell off its grain buying operation may also aforementioned factors, the DOJ failed to markets will allow Cargill to transfer indicate that it no longer considers grain recognize how the Cargill-Continental merger resources between sectors according to the buying a priority. In short, there is no posed ‘‘a significant threat of injury from an economic conditions that are prevailing at a assurance that the remaining facilities will 1 impending violation of the antitrust laws.’’ given time. This cross-subsidization will even compete in the markets that concerned (1) DOJ failed to consider the wider allow Cargill to maintain its dominant status the DOJ. Given the need for a network of concentration in agricultural markets beyond in all of these markets irrespective of its elevators to compete in the grain buying grain buying. competitive prowess. Unlike farmers, who business, it is also highly unlikely that any In recent years, agricultural processing are forced into bankruptcy after a few bad new firms will enter the market to challenge markets have become highly concentrated. seasons, Cargill will maintain its dominant Cargill. The DOJ openly concedes in its From a top-five concentration ratio of 24 status over time regardless of economic complaint that it is ‘‘unlikely that Cargill’s percent in the early 1980s, for example, the performance over the short-term. With exercise of market power will be prevented beef-packing sector’s five-firm concentration Continental’s assets, Cargill will become an by new entry, by farmers and other suppliers ratio has grown to 85 percent. Similar even more powerful and ‘‘sophisticated’’ transporting their products to more distant statistics apply to several other sectors of the firm, even more capable of strategic, markets, or by any other countervailing agricultural processing economy. I have cooperative, and anti-competitive behavior.3 competitive force.’’ 6 enclosed a copy of a report authorized by Allowing the merger of Cargill and (4) DOJ failed to consider the impact on Professor William Heffernan of the Continental makes further agribusiness potential entry into grain buying markets: University of Missouri that explains the consolidation likely. Allowing such a large- Stripping Continental Grain of its internal extent of the concentration problem. scale merger abets the recently-announced network of elevators poses additional threats The DOJ’s analysis did not consider the merger of Smithfield Foods, the nation’s to competition. Given the difficulty of entry wider context of consolidation in the largest pork packers, with Murphy Farms, the into the grain buying business, as conceded agricultural system and instead focused on nation’s largest pork producer. The by DOJ, it is additionally important to hold the grain buying activities of Cargill and Smithfield-Murphy Farms merger sets the together a firm that could potentially Continental. Growing concentration in stage for another Cargill-Continental merger, challenge Cargill in the many markets in agricultural markets should have been this time involving Cargill’s large-scale pork which it holds a dominant position. As the considered by the DOJ given the continuing packing operation and Continental’s pork Supreme Court has noted, ‘‘[t]he existence of consolidation of agribusiness firms. In United producing operation, further continuing the an aggressive, well equipped and well States v. Philadelphia National Bank, for cycle of agribusiness consolidation. financed corporation engaged in the same or example, in which enforcement officials (2) DOJ failed to consider the continuing stopped the merger of the second- and third- potential for anticompetitive behavior in the 4 Complaint, U.S. v. Cargill, Inc. and Continental largest banks in Philadelphia, the court noted post-merger market: Grain Company, July 8, 1999, at 4 (italic added). the particular importance of stopping the 5 Id. at 3 (noting that ‘‘Grain traders such as 2 United States v. Philadelphia National Bank, Cargill and Continental operate extensive grain 1 Zenith Radio Corp. v. Hazeltime Research Inc., 374 U.S. 321, 367 (1963). distribution networks, which facilitate the 395 U.S. 100, 130 (1969). Section 16 of the Clayton 3 For judicial recognition of the power of movement of grain from farms to domestic Act allows individuals to sue for injunctive relief sophisticated firms see Michael S. Jacobs, The New consumers of these commodities and to foreign ‘‘against threatened loss or damage by a violation Sophistication in Antitrust, 79, Minn. L. Rev. 1 markets’’). of the antitrust laws.’’ 15 U.S.C. § 26 (1988). (1994). 6 Id. at 6.

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 16008 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices related lines of commerce waiting anxiously entertained the argument that a larger, more Implicit in the recognition of the power- to enter an oligopolistic market would be a powerful firm resulting from a merger may be buyer defense is the assumption that substantial incentive to competition which acceptable if the firms it sells to also possess powerful firms in a market can exploit small cannot be underestimated.’’ 7 Important market power.11 In U.S. v. Country Lake and disorganized firms in a vertically factors in determining whether a firm may Foods, Inc., a case involving the merger of adjacent market. In other words, the power- enter the concentrated grain buying market two firms in the fluid milk processing buyer argument provides a rationale for include its ‘‘resourcefulness’’ and the industry, a court recognized the ability of halting the growth of powerful agribusiness ‘‘nearness of the absorbed company’’ to the large food corporations who bought milk to processors at the expense of the thousands of market, characteristics that could be check the power of milk processors.12 The farmers who sell to them. In U.S. v. United attributed to a large-scale firm such as court noted the ‘‘extremely concentrated’’ Tote, Inc., the court rejected the power-buyer Continental Grain.8 Without the existence of nature of the food processing industry in the defense because it recognized the relative Continental’s grain buying operations, Cargill relevant market, where the top-three disorganization of the buyers of the will face considerably less pressure to pay concentration ratio was over 90 percent.13 totalisator.23 Because so many buyers were farmers a competitive price for their product. The size of the food firms and the volume of present in the market and the buyers (5) DOJ failed to consider the nature of their purchases allowed them to monitor possessed different levels of sophistication, grain selling markets: milk prices, making them ‘‘very sophisticated they could not constitute a legitimate check The DOJ also fails to assess the nature of buyers.’’ 14 The court noted their ability to on the power of the sellers.24 In the recent grain selling markets. Much of the grain switch to other milk processors and to enter case FTC v. Cardinal Health, Inc., the DC bought by Cargill and Continental is sold on the processing market themselves.15 The Court of Appeals considered the potential world markets. But this selling is sometimes market entry of the large food processors power of firms who bought drugs from the based on geographic area, historic preference, would be aided by their capital resources, four largest wholesale distributors of drugs in or long-term contracting. Without a guaranty which would allow them to purchase an the nation.25 While the court noted the power of vigorous competition among grain traders existing plant, and by their existing customer of certain buyers in the market, it also for overseas customers, it is not necessary to base.16 The court found the power-buyer considered the numerous independent compete vigorously for the purchase of the defense the ‘‘most persuasive argument’’ pharmacies that lacked the power to grain of American farmers and therefore there advanced by the defendants.17 effectively bargain with the large is no incentive to bid up the prices paid to Commentators have elaborated on the wholesalers.26 The existence of a large farmers. If Cargill has a long-term potential power of certain buyers. For number of buyers and the presence of many arrangement with an overseas grain buyer, for example, buyers are particularly adept at small independents created a ‘‘fragmented’’ example, Cargill will buy grain from checking the power of concentrated sellers buying sector unable to counter the power of American farmers when it needs to fulfill its when the price of the item in question is the wholesalers.27 The buyer-power defense 18 obligation. In this process, no competitive widely known. In Country Lake Foods, the creates a rational for scrutinizing the power bidding with another grain buying firm will milk buyers could estimate the cost of of buyers relative to sellers. Thousands of be necessary. Without an assessment of the processed milk based on the price paid for farmers, for example, are hard-pressed to workings of world grain selling practices, raw milk (since prices are publicly reported) muster the market power necessary to check and switch to a different seller if prices were DOJ’s assumption that competitive bidding 19 the powerful food companies who buy their will maintain a competitive price for deemed to be oligopolistically-priced. In products. Farmer marketing is American farm products is unfounded.9 And addition to switching to a new seller, buyers characteristically disorganized and even if evidence of competition for export could induce the market entry of additional ‘‘fragmented,’’ similar to the descriptions of markets can be found, that does not sellers by extending long-term contracts or the totalisator and wholesale drug buyers necessarily mean that there is competition for providing the financing for the start-up of described in United Tote and Cardinal new sellers.20 Large buyers could support the the grain sold by American farmers. Firms Health. merger of two smaller sellers who, when can choose to collude in upstream markets An example of buyer power in agricultural their assets are combined, could more and compete in downstream markets. markets was recently exposed in South effectively compete against larger sellers in (6) DOJ failed to consider the economic Dakota. During the summer of 1999, a federal the market.21 Large buyers could also enter court in South Dakota ruled on the disorganization of farmers which can be or threaten to enter the upstream market constitutionality of a South Dakota livestock exploited by powerful buyers: themselves.22 The DOJ also fails to consider the economic organization of farmers who sell to 23 768 F. Supp. 1064 (D. Del. 1991). The examination of the economic conditions that affect the large grain buyers. Courts have often totalisator system manages betting at horse tracks. a seller’s ability to exercise market power’’). Id., at 1065. noted that a key consideration when 11 U.S. v. Baker Hughes, Inc., 908 F.2d 981, 984 24 Tote, at 1085 (explaining that ‘‘the totalisator determining the potential for horizontal (D.C. Cir. 1990) (now-Justice Thomas endorsing the collusion is the relative organization of firms consideration of a ‘‘variety of factors’’ in merger market does not consist of a few, very large in the adjacent sectors. Judicial recognition cases, including buyer power, and rejecting the consumers. In stark contrast, the totalisator market has come in the form of a defense to ‘‘fixation’’ on singular factors such as market entry); consists of over two hundred fifty-five pari-mutuel [the most common form of wagering on horses] challenged mergers.10 Courts have F.T.C. v. Elders Grain, Inc., 868 F.2d 901, 905 (7th Cir. 1989) (Judge Posner recognizing that the facilities, only thirty-nine of which have average industrial dry corn industry was unlikely to be daily handles in excess of 1 million dollars. Even 7 U.S. v. Penn-Olin Chemical Co., 378 U.S. 158, cartelized given the nature of their buyers, ‘‘a if the Court were to accept United Tote’s argument 173–4 (1964). handful of large and sophisticated manufacturers of that the owners of these large, sophisticated 8 U.S. v. El Paso Natural Gas Co., 376 U.S. 651, food products’’). facilities would be able to protect themselves from 660 (1964). See generally U.S. v. Falstaff Brewing 12 754 F. Supp. 669 (D. Minn. 1990). any anti-competitive price increase, this would still leave at least one hundred nine facilities Corp., 410 U.S. 526 (1973) (preventing Falstaff’s 13 Id., at 674. unprotected in the small market segment along’’). acquisition of a New England brewery because it 14 Id. would eliminate Falstaff’s de novo entry into the 25 12 F. Supp. 2d 34 (D.C. Cir. 1998). 15 Id. New England market); Mark D. Whitener, Potential 26 Cardinal Health, at 60 (noting that 16 Id., at 680. Competition Theory—Forgotten But Not Gone, 5 ‘‘[i]ncreasingly, the 27,000 independent pharmacies 17 Antitrust 17 (1991). Id., at 679. in the United States today are joining buying 9 For examples of grain company manipulations 18 Steptoe, at 496. cooperatives which, in turn, are consolidating to try of world markets, see DAN MORGAN, THE 19 Steptoe, at 496. to develop greater buyer power,’’ but concluding MERCHANTS OF GRAIN (1979). 20 Steptoe, at 501. that ‘‘independent pharmacies have little leverage, 10 Mary Lou Steptoe, The New Merger Guidelines: 21 Safeway and Kroger, major buyers of ready-to- as evidenced by the considerably higher upcharges Have They Changed the Rules of the Game? 61 eat cereals, supported the merger of Kraft, which they have to pay in comparison to the retail chains Antitrust L.J. 493, 493–4 (1993) (explaining that owns Post, and the cereal division of Nabisco and institutional GPOs’’). ‘‘[a]lthough the power-buyer defense may appear to because ‘‘it makes Post a stronger competitor to 27 Cardinal Health, at 61 (holding that the be a judicial creation that has only emerged within Kellogg and General Mills,’’ which sell 60 percent ‘‘existence of the independent pharmacies and the the last two years, it actually reflects an underlying of ready-to-eat cereals. State v. Kraft General Foods, smaller hospitals makes the wholesale market trend in merger law, present since General 926 F. Supp. 321, 325, 351 (S.D.N.Y. 1995). considerably fragmented and remarkably similar to Dynamics [1974], toward a more searching 22 Steptoe, at 499–500. the market described in United Tote’’).

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 16009 price reporting law, passed during the 1999 Agricultural markets are defined by stark reaction would be to halt he merger. This legislative session in response to concerns information disparities. One study of Iowa response is further justified by the obvious about price manipulations by large packers.28 hog farmers, for example, indicates that price difficulties that accompany the reversal of While not an antitrust ruling, the court did searching is very limited 40 and that 85 market concentration once it has become an note the large amount of buying power percent of a farmer’s hogs are sold to the economic fact. possessed by packers. The court explained same packer, indicating a very limited (9) DOJ failed to consider a range of the absence of bargaining power on the part amount of price searching.41 Such a result is statutes that Congress intended courts to of farmers, who ‘‘are unable to set their prices similar to DOJ findings about the grain consider when making decisions about but must rely on what buyers will pay,’’ and selling pattern of farmers, who ‘‘generally sell agricultural markets: concluded that ‘‘[p]ackers have the market their grain within a limited geographic area Perhaps the most glaring defect in the power in each livestock market to influence surrounding their farms.’’ 42 Commentators DOJ’s analysis is its failure to consider all of or determine prices paid to producers of have noted how ‘‘firms can exploit in the relevant statutes. Robert Pitofsky, livestock.’’ 29 In the context of South Dakota numerous ways the bargaining power that the Chairman of the Federal Trade Commission, farmers, the court noted the existence of an lack of comparison shoppers confers on has explained the importance of construing ‘‘oligopsony’’ among the state’s three them.’’ 43 The case for heightened scrutiny the antitrust laws comprehensively.47 packers.30 for bargaining arrangements involving Pitofsky invokes the Supreme Court case (7) DOJ failed to consider information farmers is provided for the Kodak analysis. United States v. Hutcheson,48 which disparities in agricultural markets: as one commentator explained, ‘‘Kodak specifically interpreted the Sherman, The DOJ also failed to consider suggests that market power may be found Clayton, and Norris-LaGuardia Acts as informational disparities between farmers wherever ignorant buyers can be exploited ‘‘interlacing statutes.’’ 49 The existence of and large grain buyers. In Eastman Kodak Co. through individualized bargaining,’’ a agricultural statutes in pari materia, which v. Image Technical Services the Supreme conclusion which could also apply to ‘‘relate to the same thing’’ as the antitrust Court expanded the notion of market power, disorganized sellers.44 The power of statutes, requires that both be considered as an element critical to most antitrust possessing information in grain trading was ‘‘one law’’ in judicial decision-making.50 violations, to include information.31 The recently conceded by Cargill’s head of public Failing to consider agricultural statutes Kodak decision recognizes a fundamental affairs, ironically enough, when launching a eliminates critical factors to be considered in economic point raised in the economics new public relations campaign: ‘‘’ If you look antitrust decisions and undermines the 51 literature in the 1960s, when information at our oldest business, which is grain trading, designs of legislator. As a broad principle, 32 studies became prominent. As George whoever has been in that business has been weighing an array of factors, including Stigler pointed out, market sellers do not reticent to talk about the details’ because a closely related statutes, is recognized as an simply accept the offer of the highest close hold on trading information could be important component of balanced legislative 33 52 bidder. Finding, or ‘‘searching’’ for, the critical to profits.’’ 45 The importance of interpretation. If courts consider the wider highest bidder is a costly process, involving information was also noted in the recent statutory regime and the particular problem 34 significant transaction costs. Time is price reporting decision in South Dakota, in it addressed, judicial decisions can more 35 perhaps the largest expense, especially for which a federal court acknowledged that properly reflect past Congressional concerns sellers of perishable agricultural products. ‘‘only packers have complete knowledge of about economic concentration and its When the prices paid for a commodity vary negative impact on the bargaining power of livestock purchases and prices’’ and that 53 widely, indicating that some sellers did not ‘‘[o]nly a relatively small portion of livestock farmers. find the highest bidders in the market, The DOJ, for example, failed to consider 36 purchasing and pricing information is information problems are in evidence. That available to the public, including the Packers and Stockyards Act (‘‘P&SA’’) of some sellers did not search for higher prices producers.’’ 46 may mean that they concluded the cost of the 47 (8) DOJ failed to explain the benefits of the Robert Pitofsky, The Political Content of search would outstrip any potential returns merger: Antitrust, 127 U. Pa. L. Rev. 1051, n.31 (1979). from higher prices.37 One method of 48 Given the DOJ’s concerns about the 312 U.S. 219 (1941). reducing the problem of poor information 49 anticompetitive consequences of the merger, Id., at 232; See also, Fairdale Farms, Inc. v. and the resulting ‘‘price dispersion’’ is the it is odd that no effort is made to justify its Yankee Milk, Inc., 635 F.2d 1037, 1042–32 (2nd Cir. centralization of knowledge in one 1980) (construing the Capper-Volstead Act in light approval of the merger. The fears of identifiable location,38 a solution similar to of subsequent agricultural statutes). anticompetitive behavior set forth in the the recent calls for the mandatory reporting 50 U.S. v. Freeman, 44 U.S. 556, 564 (1845) (‘‘The of prices paid by meatpackers.39 complaint are not counter-balanced with a correct rule of interpretation is, that if divers recognition of post-merger efficiencies, for statutes relate to the same thing, they ought all to example. With no apparent benefit to the 28 be taken into consideration in construing any one American Meat Institute and John Morrell & merger and significant concerns expressed by of them, and it is an established rule of law, that Company v. Mark W. Barnett, Findings of Fact and all acts in pari materia are to be taken together, as Conclusions of Law, Civ 99–3017, U.S. Dis. Court, many parties about its approval, the natural if they were one law’’); 73 Am. Jur. 2d Statutes South Dakota, Filed July 26, 1999 (upholding the § 187 (1974) (Current Through April 1998 statute’s price reporting provision; holding the 40 Market Access, 1995 Survey Results (Iowa Pork Cumulative Supplement) (explaining that ‘‘acts in statute’s prohibition on discriminatory pricing to be Producers Association, In Cooperation with Iowa a violation of the commerce clause). pari materia, and all parts thereof, should be State University), at 3 (‘‘Eighty-seven percent of the construed together and compared with each other. 29 Id. at 5. producers reported pricing their hogs the day of, or Because the object of the rule is to ascertain and 30 Id. the day before, delivery’’). carry into effect the legislative intent, it proceeds 31 504 U.S. 451 (1992); Mark R. Patterson, Product 41 Id., at 4; Merle D. Faminow, Monica de Matos, upon the supposition that the several statutes were Definition, Product Information, and Market Power: R.J. Richmond, Errors in Slaughter Steer and Heifer governed by one spirit and policy, and were Kodak in Perspective, 73 N.C.L. Rev. 185, 187 Prices, 12 Agribusiness, 79, 79 (1996) (noting that intended to be consistent and harmonious in their (1994) (arguing that Kodak ‘‘incorporated into the ‘‘exploitation of informational asymmetries can several parts and provisions. Under this rule, each antitrust law a body of economic teachings on be one form of market power whereby agricultural statute or section is construed in the light of, with product information that the Court had previously processing industries can exploit farmers who sell reference to, or in connection with, other statutes neglected’’). to them’’). or sections’’). 32 GEORGE STIGLER, THE ORGANIZATION OF 42 Complaint, at 4. 51 U.S. v. Ferman, at 564 (explaining that ‘‘[t]he INDUSTRY 171 (1968). 43 Alan Schwartz and Louis L. Wilde, Intervening error’’ in the interpretation of a statute ‘‘arose from 33 Id. at 171. in Markets on the Basis of Imperfect Information: that act having been considered by itself, without 34 Id. A Legal and Economic Analysis, 127 Cornell L. Rev. any reference to other statutes relating to [similar 35 Id. at 175. 630, 667 (1979). concerns]’’). 36 Id. at 172. 44 Thomas C. Arthur, The Costly Quest for Perfect 52 William N. Eskridge, Jr. and Philip P. Frickey, 37 Id. at 175. Competition: Kodak and Nonstructural Market Statutory Interpretation as Practical Reasoning, 42 38 Id. at 172, 176. Power, 69 N.Y.U.L. Rev. 1, 15 (1994). Stanford L. Rev. 321, 356 (1990). 39 S. 19, 106th Cong., 1st Sess., § 6 (requiring 45 Jill J. Barshay, Cargill Steps Into the Light With 53 Id., at 358 (also noting the importance of the meatpackers to report prices paid for livestock); Image Campaign, Star Tribune (Minneapolis, purposive inquiry; ‘‘What problem was trying to Steve Marbery, Debate Over Price Discovery Enters Minn.), March 5, 1999. solve, and what general goals did it set forth in Critical Round, Feedstuffs, June 1, 1998. 46 AMI v. Barnett, at 5–6. trying to solve it?’’).

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1921.54 The purposes and provisions of the described the legislation as ‘‘extending farmer cooperatives from the antitrust laws statute require consideration when enforcing farther than any previous law in the Congress sought to help ‘‘farmers to compete the Sherman, Clayton, and Federal Trade regulation of private business.’’ 63 Borrowing with large corporations.’’ 72 According to Commission Acts. P&SA passed after these heavily from the language of other antitrust some commentators, the legislation was broader statutes became law and was laws, again confirming the specifically designed to ‘‘counterveil the specifically directed toward a problem that interconnectedness of the antitrust legal monopsony power then held by the corporate seemed to persist despite the existence of regime, the legislation prohibits ‘‘any purchasers.’’ 73 The Supreme Court agreed previous legislation. The Congressional unfair’’ 64 practices or ‘‘any undue or that ‘‘individual farmers should be given, intent to promote the combined unreasonable preference or advantage’’ to through agricultural cooperatives acting as consideration and construction of the certain sellers. 65 The language of the PP&SA entities, the same unified competitive antitrust statutes is evidenced by the shared makes clear that particularly close scrutiny advantage—and responsibility—available to enforcement provisions of the P&SA.55 should be given to the marketing problems of businessmen acting through corporations as Some courts have specifically held that the farmers. entities.’’ 74 Without fear of antitrust statute is designed to go beyond the broad The DOJ also failed to consider the Capper- prosecution, farmers were to unify into language of the Sherman, Clayton, and Volstead Act.66 Among farmers in the late farmer cooperatives that could employ their Federal Trade Commission Acts, thereby 19th century, a favored method of responding bargaining power to negotiate with large food recognizing the importance of construing the to the economic concentration of buyers was manufacturers for better prices for their statutes together.56 While refusing to the marketing cooperative. Formal products.75 purchase a farmer’s livestock might be government efforts to aid farmer cooperatives The jurisprudence interpreting the Capper- acceptable under the Sherman or Federal came with the passage of the Clayton Act in Volstead Act recognizes farmer Trade Commission Acts, for example, it 1914.67 In order to eliminate legal obstacles disorganization and the power of large-scale would not be acceptable under the broad that might slow the growth of market power buyers. The court in Kinnet Dairies, Inc. v. protective purposes of the P&SA.57 In making among farmers through cooperatives, the Dairymen, Inc., for example, noted that such decisions, courts have recognized the legislation specifically exempted non-stock ‘‘farmers needed congressional help’’ since problem of buyer power that farmers face 58 agricultural cooperatives from the antitrust they ‘‘had always been pricetakers, standing and which Congress attempted to address in laws.68 The inclusion of the farmer relatively helpless before those who would the P&SA.59 Furthermore, given the remedial cooperative provision within an antitrust purchase their products.’’ 76 In order to nature of the statute, it should be interpreted statute offers further evidence of the overcome the monopoly problem common to liberally to carry out its broad mandate and importance Congress placed on considering agricultural markets, Congress ‘‘deliberately purposes.60 When combined with the already the economic disorganization of farmers set about to enable farmers to organize and broad language of the statute, enforcement when applying the antitrust laws. Doubts band together in order to acquire and agencies are given wide regulatory powers about the effectiveness of the Clayton Act exercise marketing power.’’ 77 If farmers can over the meatpacking industry,61 especially exemption triggered legislative efforts to draft muster enough bargaining power a ‘‘bilateral as it relates to injuries inflicted upon a stronger statute.69 The result was the monopoly’’ between seller and buyer will farmers.62 One contemporary commentator Capper-Volstead Act of 1922, which result, conferring on farmers a fair price for 78 broadened the exemption from the antitrust their products. The mirror image of 54 7 U.S.C. § 181 et seq. laws beyond non-stock cooperatives.70 55 The PS&A even allowed for divided With the passage of Capper-Volstead, hopes of helping ‘‘cooperatives to finance business enforcement between the Secretary of Agriculture Congress demonstrated its intention to treat operations of sufficient magnitude to compete with and the FTC. The FTC was to enforce the ‘‘retail farmer cooperatives differently from the corporations’’); Kathryn J. Sedo, The Application of sales’’ provision of the statute but the Secretary the Securities Law to Cooperatives: A Call for Equal could assume responsibility if the FTC was not typical corporate form and to give farmers the Treatment for Non-agricultural Cooperatives, 46 already proceeding with a similar investigation. opportunity to build their bargaining power Drake L. Rev. 259, 272 (1997) (noting the farmer § 406(d). Per se illegality standards in the Clayton relative to corporate buyers.71 By exempting cooperative exemption from the securities laws, and FTC Acts carry over to P&SA. Re ITT indicating the Congressional view that cooperatives Continental Baking Co. (1985) 44 Ag Dec 748. monopoly of the packers, enabling them unduly were favored organizations). 56 Wilson & Co. v. Benson, 286 F.2d 891 (7th Cir. and arbitrarily to lower prices to the shipper who 72 Sunkist Growers, Inc. v. Winckler & Smith 1961). sells’’). Citrus Products Co., 284 F.2d 1, 8 (9th Cir. 1960). 57 Swift & Co. v. U.S., 393 F.2d 247, 255 (7th Cir. 63 Current Legislation, The Packing Industry and 73 David L. Baumer, Robert T. Masson, and Robin 1968). the Packing Act, 22 Colum L. Rev. 68, 70 (1922) Abrahamson Masson, Curdling the Competition: An 58 Id., at 250–52 (finding that buyers of lambs (quoting Senate Agricultural Comm., Rep. No. 77, Economic and Legal Analysis of the Antitrust agreed not to pay over a certain price and that 67th Cong., 1st Sess. 2 (1921)). Exemptions for Agriculture, 31 Vill. L. Rev., 183, buyers agreed not to bid against one another for 64 7 U.S.C. § 202(a) (italics added). 185 (1986) (‘‘Congressional passage of the agricultural antitrust exemption encouraged the lambs; the firm which bought the lambs then sold 65 Id. at § 202(b) (italics added). them to another buyer which had agreed not to bid formation of agricultural cooperatives intended to 66 7 U.S.C. §§ 291–2. on the lambs). counterveil the monopsony power then held by the 67 59 Id., at 254 (‘‘The lack competition between 15 U.S.C. §§ 12–27 (1983). corporate purchasers’’). 68 buyers, with the attendant possible depression of Id., at § 17. 74 Maryland & Va. Milk Producers Ass’n v. United producers’ prices, was one of the evils at which the 69 Wendy Moser, Selective Issues Facing States, 362 U.S. 458, 466 (1960). Packers and Stockyards Act was directed’’) (citing Cooperatives: Can the Customer continue to be the 75 Note, Trust Busting Down on the Farm: Meat Packer Legislation hearings before the House Company? 31 S.D.L.Rev. 394, 395 (explaining that Narrowing the Scope of Antitrust Exemptions for Committee on Agriculture, 66th Cong., 2d Sess., pp. Capper-Volstead was passed to ‘‘clarify the Clayton Agricultural Cooperatives, 61 VA L. Rev. 341, 364 22, 229, 250, 303, 1047, 2284 (1920)). Act exemption provided to farmers’’). (1975) (‘‘Capper-Volstead’s authorization of 60 Bruhn’s Freezer Meats of Chicago, Inc. v. U.S. 70 7 U.S.C. §§ 291–92. collective processing and marketing was an attempt Department of Agriculture, 438 F.2d 1332, 1336 71 Fairdale Farms, 635 F.2d at 1043 (noting that to counter the bargaining power of oligopsonist (8th Cir. 1971) (citations omitted); Glover Livestock ‘‘agricultural cooperatives were ‘a favorite child of buyers, but the bargaining power gap is as wide Commission Company, Inc. v. Hardin, 454 F.2d Congressional policy’ ’’) (quoting treatise); David today as it was fifty years ago’’). 109, 111 (8th Cir. 1972) (describing the legislation Million, The Sherman Act and the Balance of 76 512 F.Supp. 608, 630 (M.D. GA. 1981); as remedial and requiring liberal construction to Power, 61 S. Cal. L. Rev. 1219, 1281 (1988) (‘‘The Northern Cal. Supermarkets, Inc. v. Central Cal. carry out its purpose of (‘‘prevent[ing] economic exemption of labor and agricultural combinations Lettuce Producers Cooperative., 413 F.Supp. 984, harm to producers and consumers at the expense from the Sherman Act’s proscriptions further 988 (N.D. Cal. 1976) (noting that ‘‘Congress of middlemen’’) (citing Bruhn’s). demonstrates that a deep concern about social perceived farmers as being at the mercy of sharp 61 Id., at 1339 (‘‘The Act was framed in language balance lay beneath statements of solicitude for dealers in the sale of their produce and, therefore, designed to permit the fullest controls of packers those harmed by the trusts. Several senators made it possible for them to form cooperatives to and stockyards which the Constitution permits, and advocated exemption on the ground that such help themselves’’). its coverage was to encompass the complete chain combinations were necessary to counterbalance the 77 Kinnet Dairies, 512 F.Supp. at 630. The court of commerce and give the Secretary of Agriculture economic power of massed capital.’’); Michael D. specifically mentions the promotion of complete regulatory power over packers and all Love, Antitrust Law—Fairdale Farms, Inc. v. ‘‘countervailing power’’ as a function of farmer activities connected therewith’’). Yankee Milk, Inc.:—The Right of Agricultural cooperatives. Id., at 614. 62 Stafford v. Wallace, 258 U.S. 495, 514–15 Cooperatives to Possess Monopoly Power, 7 78 National Broiler Marketing Assn. v. U.S., 436 (1922) (holding that the ‘‘chief evil feared is the J.Corp.L. 339, 341 (1982) (explaining Congressional U.S. 816, 842 (1978) (J. White dissenting) (‘‘The

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 16011 promoting farmer bargaining power is close of heightened Congressional concern with York and California, which have larger attention to economic activities that might market power among buyers. antitrust divisions, are not likely to challenge increase the concentration among buyers and (10) DOJ failed to consider that the consent the merger given their distance from the contribute to their collusive potential. decree risks leaving farmers without an concerns of the Midwestern farmer. Such Accordingly, the wider policy rationale of effective outlet for legal redress: conditions make it possible that those who Capper-Volstead requires that DOJ and other The resulting consent decree will be have advanced legitimate objections to the enforcement officials apply strict scrutiny to reviewed by a district court in the District of merger will not have their day in court. As mergers or other activities that enhances the Columbia (‘‘D.C.’’), where it is less likely that a result, one of the main reasons for the power of buyers and worsens the bargaining a federal judge will be familiar with passage of the Tunney Act—the fear of position of farmers. agricultural concerns. When seeking leverage excluding interested third parties from the Finally, the DOJ failed to consider in the negotiations over the consent decree, merger review process—will be ignored. Congressional concerns about maintaining a the DOJ had a plane waiting to take a lawyer Given the importance of this merger and balanced bargaining arrangement between to Fargo to file suit, indicating their the constraints on state action if the consent farmers and processors as manifest in the understanding that a farm-state venue would decree is approved, I respectfully request that Agricultural Fair Practices Act (AFPA) of be more advantageous in litigation than the comment period for this merger be 1967.79 The statute was designed to prevent Washington, D.C. The D.C. Court of Appeals extended another sixty days to December corporations from interfering in the has also severely restricted the ability of 12th. Several parties have expressed interest formation of collective marketing district courts to determine whether a in commenting on the merger and will not be organizations among farmers.80 consent decree is ‘‘in the public interest,’’ able to do so by October 12th. In the interest Congressional action stemmed from episodes making it more likely that the concerns of of a fair hearing on this critical matter, I urge in which food processing corporations interested parties will not be fully considered DOJ to support a lengthening of the comment discriminated against cooperative bargaining in a court of law.85 One commentator has period, as allowed under the Tunney Act.89 associations by refusing to buy their noted that the DC Court of Appeals ruling If the DOJ and the court do not see fit to products.81 Courts have interpreted the ‘‘threatens to eliminate any effective role for extend the comment period, OCM urges the ‘‘overriding purpose’’ of the resulting the courts in reviewing antitrust consent court to reject the proposed consent decree legislation to be the protection of farmers’ decrees.’’ 86 The DC Court of Appeals for failing to consider the factors set forth rights to cooperatively organize.82 conclusion that a consent decree can be herein. Throughout the 1970s, Congress considered rejected only if it makes a ‘‘mockery’’ of Sincerely, additional legislation to improve the judicial power is ‘‘almost no standard at all Jon Lauck, Ph.D., bargaining power of farmers relative to that and places in jeopardy the Tunney Act of the corporate food processing sector.83 The [Antitrust Procedures and Penalties Act] Special Project Director, Organization for AFPA’s recognition of the disorganized requirement that the district court Competitive Markets. nature of farmer marketing 84 and the independently review the decree to ensure Attachments to the comment filed by potential for abusive practices on the part of that it is in the public interest.’’ 87 the Organization for Competitive agricultural processors adds further evidence If a federal court does not reject the Markets are available for inspection in consent decree, the next logical step is for the room 215 of the U.S. Department of specific goal of permitting agricultural attorneys general of farm states to challenge Justice, Antitrust Division, 325 Seventh the merger in federal court. Unfortunately, organizations was to combat, and even to supplant, Street, N.W., Washington, DC 20530 purchasers’ organizations facing the farmer. such a move is extremely difficult given the Economics teach that the result in such limited enforcement budgets and antitrust (telephone: 202–514–2481) and at the circumstances is ‘bilateral monopoly’ with a expertise of attorney general offices in Office of the Clerk of the United States potentially beneficial impact on the eventual Midwestern farm states, leaving many of the District Court for the District of consumer and a sharing of cartel profits between states most affected by the merger hard- Columbia, 333 Constitution Avenue, the organized suppliers and the organized buyers’’). pressed to marshal the resources necessary to The court also specifically mentions that chicken NW, Washington, DC 20001. Copies of farmers exist in an ‘‘oligopsonistic’’ market. Id., at challenge the merger, especially given the these materials may be obtained upon 844 (quoting Brown, U.S. v. Broiler Marketing wealth of Cargill, the largest private company request and payment of a copying fee. Association: Will the Chicken Lickin’ Stand?, 56 in the country.88 Larger states such as New N.C.L.Rev. 29, 44 (1978)). Pemiscot County Farm Bureau 79 7 U.S.C. §§ 2301–2306; Donald A. Frederick, 85 United States v. Microsoft Corp., 56 F.3d 1448 Agricultural Bargaining Law: Policy in Flux, 43 (D.C. Cir. 1995). P.O. Box 80, Caruthersville, MO 63830, (573) Ark. L. Rev. 679, 689 (noting that the legislation 86 Lloyd C. Anderson, United States v. Microsoft, 333–4196, Fax: (573) 333–4537 was ‘‘viewed as an important sanction of Antitrust Consent Decrees, and the Need for a agricultural bargaining’’ and was a ‘‘congressional August 2, 1999. Proper Scope of Judicial Review, Antitrust L.J. 1, 3 Judge Gladys Kessler, reaffirmation of the value of cooperative bargaining (1996). US District Court, District of Columbia, 333 and marketing by agricultural producers’’). 87 Id. at 4. See also Deborah A. Garza, The 80 7 U.S.C. § 2303 (forbidding corporations from Microsoft Consent Decree: The Court of Appeals Constitution Ave. NW, Washington, DC coercing, discriminating, or intimidating members Sets Strict Limits on Tunney Act Review, 10 20001. of farmer bargaining groups). Antitrust 21 (Fall 1995) (arguing that the Tunney Dear Judge Gladys Kessler: We are writing 81 Randall Torgerson, PRODUCER POWER AT Act ‘‘might reasonably be read to authorize a more to request that you protect competition in THE BARGAINING TABLE: A CASE STUDY OF substantial role for the district court’’). this part of Missouri. THE LEGISLATIVE LIFE OF S. 109 3–17 (1970). 88 The office of Attorney General in Minnesota We are concerned there may have been 82 Butz v. Lawson Milk Co., Division of currently has 2 and one-half attorneys who handle Consolidated Foods Corp., 386 F.Supp. 227, 235 antitrust matters. The offices in North and South some misrepresentation in the civil action (N.D. OH. 1974) (‘‘the overriding purpose of Dakota do not have attorneys who work full-time Congress in enacting the Agricultural and Fair on antitrust matters. See generally Joseph F. complex economic facts, including market Practices Act of 1967 was to protect the individual Brodley, Antitrust Standing in Private Merger definition, market power, and oligopolistic producer of milk in his right to band together with Cases: Reconciling Private Incentives and Public conduct—an awesome task, even for a large team other producers or, in effect, to unionize’’). Enforcement Goals, Mich. L. Rev. 2, 38–41 (1995) of lawyers and economists representing a billion- 83 National Broiler Marketing Assn., 436 U.S. at (explaining the limits on state action). dollar corporation. Yet most states have only three 837 (1978) (Brennan, J., concurring) (noting the State merger enforcement is confined to a to five antitrust lawyers, others no more than one ‘‘persuasive evidence that Congress’ concern for or two, and some states none at all. In addition, ` relatively few merger-enforcing states and is protecting contract growers vis-a-vis processors and dependent on the views of changing state attorneys almost none of the states has a staff economist, and handlers has not abated’’); Oliver and Snyder, general and state budgetary support in a time of the tight time limits of merger litigation tend to Antitrust, Bargaining, and Cooperative: ABC’s of the increasing financial stringency... Resources and hamper the effective multi-state coordination that National Agricultural Marketing and Bargaining Act personnel limit state merger enforcement. Merger occurs in other types of state antitrust litigation. of 1971, 9 Harvard J. Legislation 498 (1972); cases are the most resource-intensive antitrust Financial pressures also inhibit state merger Frederick supra, Agricultural Bargaining Law, at litigation. Within a matter of weeks, sometimes capability and growing budgetary limitations on 691–693. even days, the plaintiff must marshall a state finances may intensify these pressures. 84 7 U.S.C. § 2301. sophisticated antitrust case involving proof of 89 15 U.S.C. & 16(d).

VerDate 202000 22:26 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 16012 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices case #991875 that may lead you to a different we request would help government to move To demonstrate how confident these conclusion. further in this direction. companies are of the merger, a lady sold her Cargill was initially asked to divest itself Respectfully, grain to her elevator this year which is of the Continental Grain Cottonwood Point owned by Continental (for years) and four elevator. We believe this was done through Mary and Don Klauke. days later she received her check in a Cargill an error or misunderstanding about the envelope. This merger has not been Western Organization of Resource Councils location of this elevator. This elevator sits on approved. the Mississippi River at a place called 2401 Montana Avenue, #301, Billings, In my area Cargill has an elevator on the Cottonwood Point. Although it is 10 miles Montana 59101; (406) 252–9672, FAX (406) Burlington-Northern rail line. They control south of Caruthersville, MO it carries that 252–1092 the amount of rail cars available and the time. This influences the prices paid for our address. This is unfortunate because we October 12, 1999. grain in the surrounding elevators and the believe it made the anti-trust people feel it Mr. Roger W. Fones, York ethanol plant. All exist within less than was too close to an elevator Cargill owns at Chief, Transportation, Energy and 25 miles of our farm. We need market New Madrid, MO. These elevators are about Agriculture Section, Antitrust Division, transparency and tougher anti-trust 47 miles apart and do not, to my knowledge, United States Department of Justice, 325 compete for business. enforcement. Seventh Street, NW, Suite 500, Keep competition open. Do not allow the So we are asking that you permit the sale Washington, DC 20530. of this elevator to Cargill to go ahead. We feel merger. By FAX: 202/307–2784 strongly that this will give local farmers the Sincerely, most competitive prices for our grain. Dear Mr. Fones: On behalf of the Western Cynthia Thomson, Judge, we are asking that whatever Organization of Resource Councils, I am happens, please don’t let Bunge, Inc., acquire writing to urge you to reopen your State WIFE President. this elevator because they own the next 3 investigation into the proposed acquisition of Lincoln’s Letter on Corporations elevators above it and the next 3 elevators Continental Grain by Cargill and extend the below it (a distance of 84 miles). public comment period on the proposal. ‘‘We may congratulate ourselves that this I personally have farmed 13 miles inland Mergers and acquisitions in the agribusiness cruel war is nearing its end. It has cost a vast from Cottonwood Point for just over 30 years. industry are closing out the markets for amount of treasure and blood * * * It has All my grain has been sold almost equally to family farmers and ranchers. The indeed been a trying hour for the Republic; Bunge and Continental during these years. If Department’s approval of this merger with a but I see in the near future a crisis the grain producers in this area do not have few required divestitures is wholly approaching that unnerves me and causes me 2 or more strong competitors within 25 or inadequate to protect competition in the to tremble for the safety of my country. less miles, then our little world is going to grain trade, which these two firms dominate ‘‘As a result of the war, corporations have get a lot more difficult real quick. along with ADM. been enthroned and an era of corruption in Thank for your consideration in this As Jon Lauck has explained in his letter for high places follow, and the money power of matter. the Organization for Competitive Markets to the country will endeavor to prolong its reign Sincerely, you, the Department’s analysis of this by working upon the prejudices of the people proposal (1) fails to consider the wider until all wealth’s aggregated in a few hands David Haggard, concentration in agricultural markets beyond and the Republic is destroyed. grain buying; (2) fails to consider the ‘‘I feel at this moment more anxiety for the Pemiscot County Farm Bureau Board continuing potential for anticompetitive safety of my country than ever before, even President. behavior in the post-merger market; (3) fails in the midst of war.’’ October 11, 1999. to show that the divested remnants of This letter was written by Abraham Lincoln Continental will be a competitive force Rural Life Office to William F. Elkins, Nov. 21, 1864. absent a large network of elevators which buy Alvo, Nebraska 511 Bear Creek Drive, Dorchester, Iowa grain; (4) fails to consider the nature of the Sept. 28, 1999. 52140–7505; 1–800–772–2758 grain selling market; (5) fails to consider the Mr. Roger W. Fones Chief, Transportation, Roger W. Fones, economic disorganization of farmers which Energy and Agriculture Section, Chief, Transportation, Energy & Agriculture can be exploited by powerful buyers; (6) fails Antitrust Division, U.S. Department of Section, Antitrust Division, United States to consider information disparities in Justice, 325 Seventh St. N.W. Suite 500, Department of Justice, 321 Seventh agricultural markets; (7) fails to explain the Washington, D.C. 20530. benefits of the merger; (8) and fails to Street, N.W., Suite 500, Washington, DC Dear Sir: As a member of a family who has consider a range of statutes that Congress 20530. resided and made its living on the same farm intended courts to consider when making Dear Mr. Fones: We are very concerned for five generations, I feel compelled to write decisions about agricultural markets. about the Department of Justice’s ‘‘Final to you concerning the merger of Cargill and We strongly urge your reconsideration of Ruling’’ on the case of US of America v. Continental Grain. Cargill, Inc and Continental Grain Co. We ask this action in an analysis which weighs these That merger is a major concern to all that you please forward our comments and issues. The Department’s strong action is American farmers because of the impact the enclosed letter to Judge Kessler. needed here to preserve competition and Cargill’s monopoly of the grain trade will We work with farmers and rural free, competitive markets against have on the farms and communities in our communities all over the 30 counties of north encroachment by monopolistic corporations. areas. east Iowa for the Rural Life Office of the Sincerely, The main thrust in our operation is wheat, Archdiocese of Dubuque. Shane Kolb, corn and soybean production and a cow/calf We do not find the Department of Justice’s and cattle feeding program. That is our Chair, Agriculture Issue Team. findings for the merger of Cargill-Continental source of income. to be in the best interests of the people we Exeten, NE 68351, I believe family farmers who are producing work with in the 30 counties of Northeast Oct. 6, 1999. food for the world, below the cost of Iowa. Producers will be even more limited in Mr. Roger W. Fones, production, are at a disadvantage competing their markets than they currently are, and Antitrust Division—U.S. Dept. of Justice, with conglomerates such as the top four they face the probability that Cargill/ Washington, D.C. 20530. firms. Continental will exert strength in the organic Dear Mr. Fones: The merger concerning I urge you to use your authority to pressure and specialty markets with the take-over of Cargill & Continental Grain is a major the U.S. Department of Justice to revisit its Continental’s facilities. This has to be concern to me as a farmer. This merger investigation of the Cargill/Continental sale. recognized as not being in the public interest. would unify the second and third largest Respectfully yours, The laws of this country are meant to grain traders in North America, which export protect the advancement and good of 40% of the American agricultural Pauline Johnson. common people, not corporations. The action commodities. Alvo, NE 68304

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Sept. 29, 1999. to drive greater distances with our own farm and understand why this merger is being Roger W. Fones, trucks to reach a terminal. challenged in the agriculture sector. Since Chief, Transportation, Energy and Formerly, Montana was the only state that this is harvest in the Midwest, it would also Agriculture Section, Anti-Trust Division was dominated by one rail carrier. Now we be of some assistance if the deadline for in U.S. Dept. of Justice, 325 Seventh see that, because of mergers, other states, comment would be extended another sixty Street, NW, Ste 500, Washington, D.C. other industries, have lost the edge that days to December 12, 1999. 20530. competition in transportation gives them. Yours in Ag, Dear Sir: Regarding merger of Continental Those who have watched the developments and Cargill Grain Co. are not surprised that, no matter what Frances Heinrichs, Deep concerns of the shrinking but reassurances are given by the company that Women Involved in Farm Economics (WIFE). is benefitting by the takeover, the dire necessary family farmers. Tab 4 Excessive mergers are forming monopolies. predictions by those opposing the transaction In the agriculture sector it is putting more have proven accurate. Greta Anderson, Iowa City, IA stress on your food producers (grain & So now we are again among those who are September 19, 1999. livestock). predicting that the Cargill acquisition of Judge Gladys Kessler, Cargill may have already thought they have Continental’s grain operations will be U.S. District Court, for the District of the merger sewed up the merger as grain sold beneficial only to Cargill. Columbia, 333 Constitution Ave. N.W., to the Continental Grain Co. was paid for Competition is vital to not only our grain Washington, D.C. 20001. with a Cargill check? producers, but to the farmers of the world. The takeover of Continental’s operations is Re: United States of America v. Cargill, Inc. I urge you to stop this mad rush of mergers and Continental Grain Company with everything. Seven corporations will rule going to dramatically affect not only those producers who are directly served by the Dear Judge Kessler: the world. It is fast becoming international. Cargill/Continental terminals, but by all Presently before you awaiting your Is this what our pioneer fore-fathers producers of grains in the U.S. approval is a ‘‘Final Judgment’’ filed by the wanted? The Antitrust Division is our only hope, so U.S. Department of Justice relative to the Thank you for your time and thought. we ask that you exercise your authority purchase of the grain merchandising division Dyed in the wool American farm wife. before the amount of power exerted by one of Continental Grain Co. by the Cargill Corp. Senior Citizen, company becomes too great, and producers Legal precedent, according to the Dorothy McKay. lose one more battle to keep competition Department of Justice, requires that ‘‘[t]he working for them. balancing of competing social and political Elmwood, NE 68349 Sincerely, interests affected by a proposed antitrust Mr. Roger Fones, consent decree must be left, in the first U.S. Dept. of Justice, Antitrust Division, 325 Mary W. Nielsen, instance, to the discretion of the Attorney Seventh St. N.W. Suite 500, Washington, Montana Transportation, WIFE. General. The court’s role in protecting the D.C. public interest is one of insuring that the September 27, 1999. Dear Mr. Fones: I am a family farmer in government has not breached its duty to the eastern Nebraska. I am extremely concerned Mr. Roger W. Fones public in consenting to the decree. The court about the merger of Cargill and Continental Chief, Transportation, Energy & Agriculture is required to determine not whether a Section, Antitrust Division, US grain companies. The merger of these two particular decree is the one that will best Department of Justice, 325 Seventh St. giant grain companies would lessen the serve society. but whether the settlement is SW Suite 500, Washington, DC 20530. competition in grains, locally, nationally and within the reaches of the public interest.’’ globally. I urge you to consider the impact Re: Cargill & Continental Grain Company In its July 8, 1999 ‘‘Final Judgment’’ I this would have on us and act to stop the Merger believe in fact that the Department of Justice merger. This merger (proposed) needs Dear Mr. Fones: It is my understanding that has ‘‘breached its duty to the public in immediate action by the antitrust division the final judgment concerning the above consenting to the decree’’ and that its Final and the U.S. Justice Department. The matter will be determined in the middle of Judgment is not ‘‘within the reaches of the antitrust laws are in place and need to be October. public interest.’’ enforced! I want to urge you to consider this matter As the Department of Justice’s own very carefully and urge your affiliates to rule ‘‘Complaint’’ states, the Cargill purchase Thank You. against this merger. Cargill’s purchase of would ‘‘substantially lessen competition for Norma Hall. Continental Grain would unify the second purchases of corn, soybeans, and wheat in each of the relevant geographic markets, Plentywood, MT and third largest grain traders in Nebraska, enabling it unilaterally to depress the prices Mr. Roger W. Fones, making it possible for Cargill to control the export market much more than it does at the paid to farmers. The proposed transaction Chief, Transportation, Energy and present time. will also make it more likely that the few Agriculture Section, Antitrust Division, We do not need bigger companies with remaining grain trading companies that U.S. Dept. of Justice, 325 7th St. NW, more control over our markets. We have a purchase corn, soybeans, and wheat in these Suite 500, Washington, D.C. 20530. Cargill elevator within 15 miles of our markets will engage in anticompetitive Dear Mr. Fones, Having served as farming operating. They have so many coordination to depress farm prices.’’ Transportation officer for WIFE for many different plans for each agriculture producer Using the Department of Justice’s own years, and seen just what ‘mergers’/ that it is unbelievable. They have determined figures and criteria we see in its ‘‘Complaint’’ ‘takeovers’/ acquisitions, etc. do to rural that our grain should be .5% dryer when that even before this announced purchase the America in the field of rail transportation, I brought into the elevator making more money U.S. grain trade was already dominated, if write to ask that the U.S. Department of for the elevator and less for the producer. It not monopolized, by Cargill and nothing in Justice re-open its investigation of the may not seem like a large amount but when the Department of Justice’s ‘‘Final Judgment’’ Cargill’s acquisition of Continental Grain you are paying the drying bill, it definitely addresses itself to that important issue. operations. adds up. They also have a plan if you buy Likewise, the Department of Justice must As farmers, we are already experiencing everything from them—fertilizer, seed corn, consider more that the grain buying the loss of competition in rural America. chemicals, insecticide and deliver all your operations of Cargill. The acquisition of Producers who own one company’s grain to them—they will do this for you and Continental’s seventy elevators will enhance machinery find that they may have to drive that for you. They definitely want control— the economic power of Cargill as a general 100–150 miles to acquire some repairs for its. both of the farmer and the market. matter. Such a result concerns farmers Or wait until it can be mailed to them from The farming industry is in very serious because Cargill’s assets and economic power some central point thousands of miles away. trouble with today’s markets so low and our can be deployed across a range of agricultural Those of us who have no alternative to cost of production going up. sectors. shipping by rail have found not only that we We hope that in reading this letter that you For example, Cargill stands out as a top- now are ‘served’ by one carrier, but we have will investigate the merger more thoroughly four firm in beef packing, cattle feedlots, pork

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 16014 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices packing, broiler production, turkey possible. We don’t have a leg to stand on businesses. I urge you to conduct a more production, animal feed plants, grain elevator now; let alone if you let Cargill and other big thorough investigation into the Cargill/ capacity, flour milling, dry corn milling, wet corporations have any more control. We work Continental Sale before submitting a final corn milling, soybean crushing, and ethanol very hard and can’t squeeze a meager judgment on this. production. Such a dominant position across pauper’s wage and living now. Why can’t we Please give my request your serious many agricultural markets will allow Cargill have a little cream of the crop? Are the consideration. to transfer resources between sectors (people in control) entitled to all the cream Sincerely, according to the economic conditions that are and us little people can have the skim milk prevailing at a given time. or whey that is left over? Deari Borth. The ability to transfer assets will allow I think you should keep in mind that God October 11, 1999. Cargill to maintain its dominant status in all made us all equal; and you and I know the Meade, KS of these markets irrespective of its way things are now is way off balance. Mr. Roger W. Fones, competitive prowess. Unlike farmers, who Please don’t let Cargill or any other of these Chief, Transportation, Energy and are forced into bankruptcy after a few bad big corporations have any more control and Agriculture Section, Anit-Trust Division, seasons, Cargill will maintain its dominant completely wipe us out U.S. Department of Justice, 325 Seventh status over time regardless of economic Thank you Kindly, Street, N.W., Suite 500, Washington, DC performance over the short-term. With Kay M. Barnes. 20530. Continental’s assets, Cargill will become an FAX: 202/307–2784 even more powerful and ‘‘sophisticated’’ September 23, 1999. firm, even more capable of strategic, Dear Mr. Fones: I am writing to request that Dear Sir: This is in response to the you conduct further investigation of the cooperative, and anti-competitive behavior. invitation for comments regarding Final To me, it is tragic that the government does Cargill-Continental Grain sale and that you Judgment; the case of Cargill merging. This extend the comment deadline for another not put the rights of family farmers first, but was written up in the Minnesota Farmers sixty days. rather participates in the idea that there are Union August publication and got me to Are you aware of what the creation of a ‘‘too many farmers.’’ Drive through rural thinking about how we little people are being larger monopoly will do, not only to grain America: you will see that there are not too squeezed and eventually choked by big farmers in this country, but also to all many farmers, but rather, too many business consumers? suburbanites and strip malls. The As a midwest dairy farmer, reading articles Monopolies always create higher prices for accumulation of capital such as Cargills is only depresses one as there is a feeling of the consuming public. They create even not ‘‘inevitable’’, nor is this merger. hopelessness implied by the ‘‘powers that lower prices for those who must sell their In the name of economic and social justice be’’. They talk and talk, attend meeting after and the preservation of the family farm meeting and declare the poor farm situation commodities to the monopolies. Grain prices system of agriculture in the United States I must be addressed and so far in 1999 that’s are already far below break-even. urge you to recommend that the Department as far as it goes. Farmers are going broke in our state at an of Justice withdraw its ‘‘Final Judgment,’’ The CEO’s of the major grain mergers can alarming rate. Across the U.S. farm income study in far greater detail this ill-advised sale only see $$ for their own pockets and I is down by 70%. Depressed prices are and carefully consider the grave anti-trust suppose one can’t judge harshly on that, but ruining not only farmers but all small-town issues that it presents and the dire is it fair to the hard working farmer to not businesses. I urge you to conduct a more consequences to both producers and have a decent cut for his efforts. Every day thorough investigation into the Cargill/ consumers of our food supply. in the business section someone’s throat is Continental Sale before submitting a final judgment on this. Sincerely, cut by the money people. I am thoroughly opposed to more merging. Let’s put a Please give my request your serious Greta Anderson. moratorium on mergers until someone figures consideration. Sincerely, Iowa City, IA out the agriculture and dairy dilemma and really moves in the right direction for all. September 22, 1999. Greg Borth. Dear Sir: I am writing my concern over the Sincerely, merger of Cargill and Continental. Bigger is Mary Beckrich. Honorable Judge Gladys Kessler not better, the market for cash grain is U.S. District Court, District of Columbia, 333 already highly concentrated and yet another Cologne, Minnesota Constitution Ave. N.W., Washington, DC merger would spell doom for the October 11, 1999. 20001. independent farmer. Mr. Roger W. Fones, Re: United States of America v. Cargill, Inc. Sincerely, Chief, Transportation, Energy and and Continental Grain Company Agriculture Section, Anti-Trust Division, Vivian Anderson. Dear Judge Kessler: You have before you U.S. Department of Justice, 325 Seventh awaiting your approval a Final Judgment Street, N.W., Suite 500, Washington, DC Cresco, IN filed by the U.S. Department of Justice 20530. Dear Chief Fones: I was born and raised on relative to the purchase of the grain a farm, coming from a family of 13 children. FAX: 202/307–2784 merchandising division of Continental Grain Those were days of fair treatment, where Dear Mr. Fones: I am writing to request that Co. by the Cargill Corp, which is a privately farmers could make a living (however big the you conduct further investigation of the held corporation. family). I believe the small average farmer Cargill-Continental Grain sale and that you Legal precedent, according to the meant something. These days we’re used, to extend the comment deadline for another Department of Justice, requires that the put it bluntly (as doormats). Is it just the big sixty days. balancing of competing social and political shots (the powers that be) that force us to do Are you aware of what the creation of a interests affected by a proposed antitrust things their way, no matter who they step on? large monopoly will do, not only to grain consent decree must be left, in the first Don’t us little guys count? I was taught that farmers in this country, but also to all instance, to the discretion of the Attorney God made us all equal. Do you think the way consumers? General. The court’s role in protecting the the smaller people are being treated is equal Monopolies always create higher prices for public interest is one of insuring that the and fair? I don’t, and I’m sure God didn’t the consuming public. They create even government has not breached its duty to the have plans for the big corporations (such as lower prices for those who must sell their public in consenting to the decree. The court Cargill) to be (in control); as they seem to be commodities to the monopolies. Grain prices is required to determine not whether a doing. Haven’t we been pushed down, are already far below break-even. particular decree is the one that will best stepped on, and ground in the dirt enough? Farmers are going broke in our state at an serve society, but whether the settlement is I think we count too. I beg you, Please don’t alarming rate. Across the U.S., farm income within the reaches of the public interest. let Cargill have any more control. Seems is down by 70%. Depressed prices are In its July 8, 1999 Final Judgment I believe we’ve been damaged about as much as ruining not only farmers but all small-town in fact that the Department of Justice has

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 16015 breached its duty to the public in consenting FAX: 202/307–2784 system and killing us. We are losing our to the decree and that its Final Judgment is Dear Mr. Fones: I am writing to request that towns and communities with their low fixed not within the reaches of the public interest. you conduct further investigation of the commodity prices. Clearly, as the Department of justice’s own Cargill-Continental Grain sale and that you The big money of companies like Cargill is complaint states the Cargill purchase would extend the comment deadline for another dominating government policy and substantially lessen competition for sixty days. influencing the non-enforcement of antitrust purchases of corn, soybeans, and wheat in Are you aware of what the creation of a laws for their benefit; what about the people? each of the relevant geographic markets, larger monopoly will do, not only to grain Stop using the lame excuse of ‘‘economies of enabling it unilaterally to depress the prices farmers in this country, but also to all scale and efficiencies,’’ they have no more paid to farmers. The proposed transaction consumers? basis today than when used as an excuse in will also make it more likely that the few Monopolies always create higher prices for Thomas Jefferson’s day. remaining grain trading companies that the consuming public. They create even Sincerely, purchase corn, soybeans, and wheat in these lower prices for those who must sell their Mike Callicrate. markets will engage in anticompetitive commodities to the monopolies. Grain prices coordination to depress farm prices. are already far below break-even. New York Times, Using the Department of Justice’s own Farmers are going broke in our state at an October 11, 1999. figures and criteria we see in its Complaint alarming rate. Across the U.S., farm income that even before this announced purchase the is down by 70% Depressed prices are ruining Essay By William Safire U.S. grain trade was already dominated, if not only farmers but all small-town Where is antitrust? I say No to the Cargill- not monopolized, by Cargill and nothing in businesses. I urge you to conduct a more Continental Merger!—G.M. Calnon, St. the Department of Justice’s Final Judgment thorough investigation into the Cargill/ Francis, KS 67756. addresses itself to that important issue. Continental Sale before submitting a final Clinton’s Consumer Rip-Off Likewise, the Department of Justice must judgment on this. Jacksonville, Fla.—‘‘You want to buy this consider more that the grain buying Please give my request your serious new cable service that’s much faster than operations of Cargill. The acquisition of consideration. your old modem,’’ my son the information Continental’s seventy elevators will enhance architect told me. Not wanting to become the the economic power of Cargill as a general Sincerely, slowpoke pundit, I called my local cable matter. Such a result concerns farmers Isabelle Borth, company and ordered ExpressNet. A new because Cargill’s assets and economic power black box cost $150 and the monthly fee was can be deployed across a range of agricultural Tri-Von Enterprises, $25. sectors. 107 S. Celina Street, Roanoke, IL 61561– Two weeks later, a disembodied voice For example, Cargill stands out as a top- 1097, called to say that the superspeed Internet four firm in beef packing, cattle feedlots connecting service had merged with a Texas (where Continental is the largest), pork September 25, 1999. conglomerate and if I didn’t agree to the packing, broiler production, turkey Energy & Agriculture Section, Antitrust doubling of the monthly rate, my service production, animal feed plants, grain elevator Division, U.S. Dept. of Justice, 325 7th St. would end and I would be stuck with a capacity, flour milling, dry corn milling, wet NW, Ste 550, Washington, D.C. 20530. useless $150 receiver. corn milling, soybean crushing, and ethanol Attention: Roger W. Fones, Chief of I again called my local cable monopoly. production. Such a dominant position across Transportation Although I never reached a human being, its many agricultural markets allows Cargill to Dear Mr. Fones, We are concerned about complaint software signaled that I could transfer resources between sectors according the Cargill-Continental merger. We do not continue for six months at the original rate, to the economic conditions that are believe it is required to compete in the global after which it was double or nothing. prevailing at a given time. economy and will be extremely detrimental This minor outrage came to mind in This vertical and horizontal domination by to the agricultural community. It is our watching the gee-whiz, ain’t-these-big- Cargill allows then to maintain dominant opinion that this market is already highly numbers-fun accounts on television news of status in all of these markets. While small concentrated and we feel this will work to the latest combinations of corporate colossi. family farmers are forced into bankruptcy the destruction of the few remaining Worldcom, which last year bought MCI, after a few bad seasons, Cargill will maintain independent farmers left here in our precious was now swallowing up Sprint for $115 its dominant status over time because it can prairie. billion. afford to subsidize poor economic Although we are not farmers, we sell This, analysts assure us, will allow the new performance over the short-term. With computers to many of our local farmers and supergiant to compete with AT&T, which Continental’s assets, Cargill will become an know the sad situation this would put them already is plunking down $58 billion for even more powerful and sophisticated firm, in. Independent farmers are the backbone of Mediaone with the smiling approval of even more capable of strategic, cooperative, this nation and we must not let corporate roundheeled Clintonites at the Federal and anti-competitive behavior. farming take over. Enough is enough! Communications Commission. In the name of economic and social justice Why are we going from four giants in and the preservation of the family farm Sincerely, telecommunications down to two? Because, system of agriculture in the United States I the voice with the corporate-government urge you to recommend that the Department Loris von Brethorst. smile tells us, that will help competition. of Justice withdraw its Final Judgment, study Callicrate Feedyard Now each giant will be able to hedge its bets in far greater detail this ill-advised sale and in cable, phone line and wireless, not carefully consider the grave anti-trust issues P.O. Box 748, St. Francis, KS 67756s knowing which form will win out. The that it presents and the dire consequences to October 11, 1999. merger-manic mantra: In conglomeration both producers and consumers of our food Mr. Roger W. Fones, there is strength. supply. Chief, Transportation, Energy & Agriculture Sincerely, That’s what they said a long generation ago Section, Antitrust Division, U.S. when business empire-builders boosted their Marilyn Borchardt, Department of Justice, 325 Seventh egos by boosting their stock to buy the Daughter of a former farmer. Street, N.W., Suite 500, Washington, DC earnings of unrelated companies. A good Meade, KS. 20530. manager could manage anything, they said, October 11, 1999. Dear Mr. Fones, Mergers and concentration achieving vast economies of scale. As Mr. Roger W. Fones, have gone too far. Justice not only needs to stockholders discovered to their loss, that Chief, Transportation, Energy & Agriculture deny the Cargill-Continental Merger but also turned out to be baloney. Section, Anti-Trust Division, U.S. needs to reverse prior mergers and restore Ah, but now, say the biggest-is-best Department of Justice, 325 Seventh competition in agricultural markets. philosophers, we’re merging within the field Street, N.W., Suite 500, Washington, DC Companies like Cargill, ConAgra, ADM, we know best. And if we don’t combine 20530. Farmland and IBP are destroying our food quickly, the Europeans and Asians will,

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Depressed prices are public interest is one of insuring that the That’s why we see the Old Seven Sisters ruining not only farmers but all small-town government has not breached its duty to the of oil working their way down toward two businesses. I urge you to conduct a more public in consenting to the decree. ‘‘The big sisters having fun with fungibility, and thorough investigation into the Cargill/ court is required to determine not whether a why our former Big Seven accounting firms Continental Sale before submitting a final particular decree is the one that will best are headed to a Big Two. Unchecked judgment on this. serve society, but whether the settlement is international combines can crush unions, Please give this your serious consideration. ‘within the reaches of the public interest.’’’ water down professional ethics, circumvent Sincerely, In its July 8, 1999 ‘‘Final Judgment’’ I national regulation and stick it to consumers. Don Nauereud. believe in fact that the Department of Justice Here are two startling, counterintuitive Mary Gosserand. has ‘‘breached its duty to the public in thoughts: The fewer companies there are to consenting to the decree and that its ‘‘Final compete, the less competition there is. And Brooksville, MS Judgment’’ is not ‘‘within the reaches of the as competition shrinks, prices go up and October 11, 1999. public interest.’’ service declines for the consumer. (Say these Mr. Roger Fones, Clearly, as the Department of Justice’s own reactionary words at the annual World Chief, Transportation, Energy & Agriculture ‘‘Complaint’’ states, the Cargill purchase Economic Forum in Davos, and listen to the Section, Antitrust Division, U.S. would ‘‘substantially lessen competition for global wheeler-dealers guffaw.) Department of Justice, 325 Seventh purchases of corn, soybeans, and wheat in Who is supposed to protect business and Street, N.W., Suite 500, Washington, DC each of the relevant geographic markets, the consumer from the power of trusts? 20530. enabling it unilaterally to depress the prices Republican Teddy Roosevelt believed it to be Dear Mr. Fones: As a daughter and wife of paid to farmers. The proposed transaction the Federal Government, but the antitrust farm producers, I have a stake in the future will also make it more likely that the few division of Janet Reno’s Justice Department is of the American farm family. I am actively remaining grain trading companies that so transfixed by its cases against Microsoft involved in the operation and management of purchase corn, soybeans, and wheat in these and overseas vitamin companies that it has our operation. I am also a homemaker—I markets will engage in anticompetitive little time to enforce antitrust law in dozens have three teenage children. My family coordination to depress farm prices.’’ of other combinations that restrain free trade. worked diligently the last eighteen months— Using the Department of Justice’s own Our other great protector of the public long hours, day after day—and we would figures and criteria we see in its ‘‘Complaint’’ interest in diverse sources is supposed to be have lost less money if we had done nothing. that even before this announced purchase the the F.C.C. When MCI merged with Worldcom This is disheartening to say the least. Cattle U.S. grain trade was already dominated, if last year, the chairman appointed by and grain prices have remained low and feed not monopolized, by Cargill and nothing in President Clinton, William Kennard, took no and other related costs have been high. I tell the Department of Justice’s ‘‘Final Judgment’’ action but direly warned that the industry you this not to whine but to explain our addresses itself to that important issue. was ‘‘just a merger away from undue plight. Likewise, the Department of Justice must concentration.’’ Now that is happening. The rapid corporate concentration of the consider more that the grain buying Why will the F.C.C., after asking for some world’s largest grain and meat handlers is operations of Cargill. The acquisition of minor divestiture, ultimately welcome a two- killing the farm family. When we are gone Continental’s seventy elevators will enhance giant waltz? For the same reason that the and the people of this country who are the economic power of Cargill as a general broadcasters’ lobby was able to steal tens of accustomed to a relatively inexpensive matter. Such a result concerns farmers billions in the public’s bandwidth assets over quality food supply realize what has because Cargill’s assets and economic power happened, it will be too late. Please stop the the past few years: Mr. Clinton wants no part can be deployed across a range of agricultural Cargill-Continental Grain sale for the reason of a communication consumer’s ‘‘bill of sectors. that it will further impact grain prices and rights.’’ For example, Cargill stands out as a top- farm income in my community and in the Candidates Bradley, Bush and Gore look four firm in beef packing, cattle feedlots U.S. in general. Please extend the comment shyly away lest trust-luster contributions dry (where Continental is the largest), pork deadline for another sixty days. We must up. Only John McCain dares to say: packing, broiler production, turkey have a competitive market in this country. ‘‘Anybody who glances at increases in cable production, animal feed plants, grain elevator Thank you for your consideration of this rates, phone rates, mergers and lack of capacity, flour milling, dry corn milling, wet matter. If you eat, you have a stake in this competition clearly knows that the special corn milling, soybean crushing, and ethanol interests are protected in Washington and the ruling. When farm families are driven out of business, the cost of foods will skyrocket. production. Such a dominant position across public interest is submerged.’’ many agricultural markets will allow Cargill Today’s populist message comes to you by Make no mistake about that. If you are a to transfer resources between sectors my old, slow modem. consumer, you are very vulnerable. Mr. Fones, this includes you. according to the economic conditions that are October 11, 1999. prevailing at a given time. Mr. Roger W. Fones, Sincerely, The ability to transfer assets will allow Chief, Transportation, Energy and Lori Chancellor. Cargill to maintain its dominant status in all Agriculture Section, Anti-Trust Division, of these markets irrespective of its U.S. Department of Justice, 325 Seventh September 20, 1999. competitive prowess. Unlike farmers, who Street, N.W., Suite 500, Washington, DC Judge Gladys Kessler, are forced into bankruptcy after a few bad 20530. U.S. District Court for the District of seasons, Cargill will maintain its dominant FAX: 202/307–2784 Columbia, 333 Constitution Ave. N.W., status over time regardless of economic Washington, DC 20001. Dear Mr. Fones: The purpose of this letter performance over the short-term. With is to request that you conduct further Re: United States of America v. Cargill, Inc. Continental’s assets, Cargill will become an investigation of the Cargill-Continental Grain and Continental Grain Company even more powerful and ‘‘sophisticated’’ sale and that you extend the comment Dear Judge Kessler: Presently before you, firm, even more capable of strategic, deadline for another sixty days. awaiting your approval, is a ‘‘Final cooperative, and anti-competitive behavior. The creation of a larger monopoly will not Judgment’’ filed by the U.S. Department of In the name of economic and social justice only depress grain prices further in this Justice relative to the purchase of the grain and the preservation of the family farm country, but also be detrimental to all merchandising division of Continental Grain system of agriculture in the United States I consumers. Co. by the Cargill Corp. urge you to recommend that the Department Monopolies always create higher prices for Legal precedent, according to the of Justice withdraw its ‘‘Final Judgment,’’ the consuming public. They create even Department of Justice, requires that ‘‘[t]he study in far greater detail this ill-advised sale

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 16017 and carefully consider the grave anti-trust change. As Abraham Lincoln once said, ‘‘Let Sir: Please do not approve of the issues that it presents and the dire us have faith that right makes might; and in purchasing of the grain division of consequences to both producers and that faith let us to the end dare to do our duty Continental by Cargill. consumers of our food supply. as we understand it.’’ or in the words of We raise cattle, wheat and barley in this Thank you. Margaret Mead, ‘‘Never doubt that a small area of Montana. group of thoughtful committed citizens can There is little competition in the world Donald B. Clark, change the world; indeed, it’s the only thing markets placing the farm and ranches at the Convener, United Church of Christ, Network that ever has.’’ mercy of a few international companies. for Environmental & Economic Thank you for listening to me. There will be no chance to improve the Responsibility. Sincerely, depressed prices with so little competition. October 1, 1999. Shari Cummings. Our rural life style will continue to Judge Gladys Kessler deteriorate as low prices are driving farmers October 11, 1999. U.S. District of Columbia, 333 Constitution and ranchers out of business. Mr. Roger W. Fones, Ave. NW, Washington, DC 20001. Sincerely, Chief, Transportation, Energy & Agriculture RE: Cargill/Continental Grain Sale Section, Antitrust Division of Justice, 325 Lymen and Darlene Denzer. Your Honor: It is my understanding you Seventh Street, N.W., Ste 500, are taking public comment regarding the sale Washington, DC 20530. Dewell Motor Co. of Continental Grain to Cargill. It is with this Via FAX: 202–307–2784 understanding I write. P.O. Box 109, Fowler, Kansas 67844 I believe every person has a right to the Dear Mr. Fones: As the Executive Vice 10 October 1999. gifts of creations, especially to the necessities President and Director of a small rural Mr. Roger W. Fones, of life. Respect for the dignity of the human community bank outside of Memphis, Chief, Transportation, Energy and person also requires that each person has the Tennessee, and as the daughter of a farmer. Agriculture Section, Anti-Trust Division, right to free enterprise, the right to undertake I have personally witnessed the demise of the U.S. Department of Justice, 325 Seventh the work that is their calling and the right to ‘‘family farmer.’’ I have seen ‘‘up close and Street, N.W., Suite 500, Washington, D.C. fair compensation for that work. This right is personal’’ the struggles of these hard working 20530. people for all of my life. While they seem to compromised when too much control is FAX: 202/307–2784 concentrated to increase the power of wealth easily take into stride their battle with the Dear Mr. Fones: I am writing this to request of a few. Food, as well as the facilities for environmental elements, their struggles with that you conduct further investigation of the production and distribution, should not be rising production costs and stagnant to Cargill-Continental Grain sale and that you concentrated to the benefit of a few. declining harvest prices has driven countless extend the comment deadline for another The Cargill purchase of Continental Grain operations out of business. Ten years ago, our sixty days. facilities will increase Cargill’s buying power bank financed about two dozen local Are you aware of what the creation of a and price control; it will decrease the operations, and today, we have only two larger monopoly will do, not only to grain markets available to farmers and cause operations remaining viable. Given the very farmers in this country, but also to all farmers to have to transport grain farther, small size of our community, these numbers consumers? especially if some terminals are closed to are quite staggering to our local economy. Monopolies always create higher prices for increase corporate profits; it will position Without exception, their demise is due to the consuming public. They create even Cargill to dominate specialty or ‘‘niche’’ the ever increasing production costs and lower prices for those who must sell their markets because of the acquisition of stagnant or declining harvest prices. One commodities to the monopolies. Grain prices Continental’s storage facilities (markets that does not habe to look very hard at the reason are already far below break-even. farmers are currently using to try to find for this problem. The biggest issue that has Farmers are going broke in our state at an profitability in already heavily Cargill- driven hundreds of thousands of US family alarming rate. Across the U.S., farm income dominated markets). farmers is the rapid corporate concentration is down by 70%. Depressed prices are Family farms are already struggling in the of the world’s largest grain and meat ruining not only farmers but all small-town mid-west due to mega hog, mega dairy and handlers. While the family farmers harvest businesses. I urge you to conduct a more mega beef operations. This would put prices remain stagnant, or even declined, the thorough investigation into the Cargill/ another nail into the already partly closed prices in the grocery store has SOARED!! Continental Sale before submitting a final coffin of family farms. Some of the family Most of the general population is oblivious judgment on this. farms in my part of Iowa have been in the to this issue, but, when they are finally aware Please give my request your serious same family for 100 to 150 years. These of it, it will be too late! consideration. families keep my small town alive and I can no longer sit idly by and not speak thriving. on behalf of this vital segment of our nations Sincerely, economy, but also on behalf of all consumers. The already rampant farm crisis is putting Steve Dewell. a squeeze on farm families which in turn With the absence of the family farmer, the puts a squeeze on the small businesses in my cost of food will skyrocket. Dobbs Ranch town, which in turn makes me have to drive It is for this reason, that I implore you to 957 Manns Creek Road ∼ Weiser, Idaho further to purchase food, clothing and prevent the Cargill-Continental Grain sale 83672–5523 essential items at a greater cost. and stop the negative impact on grain prices I realize that the farming community is and farm income in my community and October 11, 1999. only 2% of the political vote but it is 100% across this nation. Please extend the Mr. Roger W. Fones of food production. One family farm feed comment deadline for another sixty days. Chief of Transportation, Energy and approximately 212 persons. If the current You have the power to ‘‘do the right thing,’’ Agriculture Section farm crisis continues statistics show 6000 or else we will be ‘‘paying the price’’ for Dear Mr. Fones: Please extend the public Iowa family farms will go belly up in the next generations to come. comment period for a minimum of 60 days couple years. Should this happen 112,000 Sincerely. on the Continental/Cargill Grain merger. non farming people will be affected. There Peggy B. Daugherty, Please conduct a more thorough investigation are 49 other states in the union that I haven’t of this sale before submitting a Final Executive Vice President, The Bank of even included in these figures. Judgment in this matter. Moscow, Moscow, Tennessee. I’ve been told that mega corporations are Please do this for your children, going to be the future of the US. It it my Mr. Roger Fones, grandchildren and all future generations of belief that mega corporations will only Chief of Energy & Ag. Section, Antitrust food consumers in this great country. The happen if we give up the fight. America has Division, U.S. Dept. of Justice, 325 7th monopolization of America’s food supply is always been known as the land of St., N.W., Suite 500, Washington, D.C. one of the most frightening things that is opportunity and I see no reason for that to 20530. happening in this country. As a family

VerDate 202000 22:26 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 16018 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices farmer/rancher I beg you to continue your merchandising division of Continental Grain storage going into its third year in the bin. investigation. Co. by the Cargill Corp. Why, because the price is so low on today’s Sincerely yours, Legal precedent, according to the market that it is worth more to leave it in the Department of Justice, requires that ‘‘[t]he bin as an asset on our bank’s financial Grant and Mabel Dobbs. balancing of competing social and political statement. As the market for wheat becomes Blvd Island, MN interests affected by a proposed antitrust more concentrated in the hands of fewer September 25, 1999. consent decree must be left, in the first traders, the farmer will receive less, the huge Mr. Roger W. Fones, instance, to the discretion of the Attorney agricorporations will depress the market at US Dept of Justice, 325 7th Street NW Suite General. The court’s role in protecting the will and eventually force the farmers into 500, Washington, DC 20530. public interest is one of insuring that the bankruptcy. In South Dakota we have little government has not breached its duty to the access to wheat buyers, we are dependent Dear Mr. Fones: Considering the months of public in consenting to the decree. ‘‘The upon those in our local area now currently hearings regarding Bill Gates’s Micro Soft court is required to determine not whether a dealing with farmer owned cooperatives who monopoly, and (over a decade ago) the particular decree is the one that will best ship it to the big terminals by truck. This breakup of AT&T because they were too serve society, but whether the settlement is merger will remove what little large, it seems unfathomable that you would ‘within the reaches of the public interest.’ ’’ competitiveness now remains in the wheat Consider giving Cargill total control of the In its July 8, 1999 ‘‘Final Judgment’’ I trade. Making Cargill even bigger will give world with the Cargill-Continental merger. believe the Department of Justice has them even greater power in all segments of Cargill is already a monster that everyone is ‘‘breached its duty to the public in agriculture. The competition is being afraid of. Have you seen any news on any consenting to the decree and that its ’’Final narrowed to the point that the family farm, media that would dare till about Cargill’s Judgment’’ is not ‘‘within the reaches of the which has been the very foundation of this present control . . . let alone the total control public interest.’’ great nation, will go down in bankruptcy, they would have after this merger? No ... Clearly, as the Department of Justice’s own despair, and desolation. This corporatization Furthermore you wont because Cargill has ‘‘Complaint’’ states, the Cargill purchase of agriculture will destroy us, the family the power to crush any media that would tell would ‘‘substantially lessen competition for rancher and farmer. We are human beings the story. Cargill has cleverly contributed to purchases of corn, soybeans, and wheat in (generations of families) that have worked, charities that don’t want their funds cut off each of the relevant geographic markets, nurtured, conserved, and loved the land so NO ONE is objecting. enabling it unilaterally to depress the prices while feeding this nation’s population at the Cargill already owns the docks in major paid to farmers. The proposed transaction ‘‘lowest cost per capita income’’ of any foreign countries so ships of grain other than will also make it more likely that the few country in the world. Cargill’s are not allowed to dock. remaining grain trading companies that In the name of economic and social justice We live in rural Minnesota where the and the preservation of the family farm independent farmer has few options. Please purchase corn, soybeans, and wheat, in these system of agriculture in the United States, I allow us the few we have left. markets will engage in anticompetitive urge you to recommend that the Department This affects much more than farm prices— coordination to depress farm prices.’’ of Justice withdraw its ‘‘Final Judgment’’. this merger spells doom for our entire free Using the Department of Justice’s own Please study in far greater detail this ill- enterprise system. figures and criteria we see in its ‘‘Complaint’’ advised sale; carefully consider the grave Please have the courage and backbone to that even before this announced purchase the anti-trust issues that it presents and the dire stop this Cargill-Continental merger! U.S. grain trade was already dominated, if not monopolized, by Cargill and nothing in consequences to both producers and Sincerely, the Department of Justice’s ‘‘Final Judgment’’ consumers of our food supply. C.K. Dresser. addresses itself to that important issue. Sincerely, Likewise, the Department of Justice must Jordan Valley, OR 92910 Llewellyn Englehart. September 11, 1999. consider more than the grain buying Dear Mr. Fones: We are cattle producers in operations of Cargill. The acquisition of Karen Englehart. Continental’s seventy elevators will enhance the state of Oregon and we are requesting that Buffalo Livestock Auction you conduct a more thorough investigation of the economic power of Cargill as a general the Cargill/Continental Grain companies. matter. Such a result concerns farmers Buffalo, Wyoming This will exaserbate the detremental effects because Cargill’s assets and economic power To: Mr. Roger W. Fones of concentration in the grain and livestock can be deployed across a range of agricultural Chief of Transportation, Energy & industries. Agriculture in America is in sectors. Agriculture. trouble, involving the safety of our food For example, Cargill stands out as a top- four firm in beef packing, cattle feedlots I am urging you to please conduct a much supply the survival of rural communities and more thorough investigation into the Cargill/ the survival of agriculture producers. To have (where Continental is the largest), pork packing, broiler production, turkey Continental Grain sale before submitting a this much concentrated purchasing power in Final Judgment on the matter. Contrary to the hands of one company, is unthinkable. It production, animal feed plants, grain elevator capacity, flour milling, dry corn milling, wet what the large multi national corporations shouldn’t be difficult for our government to tell you, putting the power into the hands of recognize the inherant with such a merger. corn milling, soybean crushing, and ethanol production. Such a dominant position across a few does not increase competition in the Also, we would ask that you extend the marketplace, but is having, and will only get comment period on the merger. many agricultural markets will allow Cargill to transfer resources between sectors worse, a devastating effect to the Thank you. according to the economic conditions that are independent Ag producers in this country. Richard & Margene Eiguren. prevailing at a given time. I would also encourage you to please The ability to transfer assets will allow extend the public comment period for Englehart Ranch Cargill to maintain its dominant status in all another sixty days to allow this matter to be Meadow, SD 57644–7502 of these markets irrespective of its more fully investigated and commented on. Judge Gladys Kessler competitive prowess. Unlike farmers, who Thank you, are forced into bankruptcy after a few bad Jay Godley. U.S. District Court for the District of seasons, Cargill will maintain its dominant Columbia, 333 Constitution Ave. NW, status over time regardless of economic Epworth, IA 52045 Washington, D.C. 20001. performance over the short-term. With We believe: Every person has a right to the Re: United States of America v. Cargill, Inc. Continental’s assets, Cargill will become an gifts of creations, especially to the necessities and Continental Grain Company even more powerful and ‘‘sophisticated’’ of life. Respect for the dignity of the human Dear Judge Kessler: Presently before you, firm, even more capable of strategic, person also requires that each person has the awaiting your approval, is a ‘‘Final cooperative, and anti-competitive behavior. right to free enterprise, the right to undertake Judgment’’ filed by the U.S. Department of I’ve seen our market opportunities slowly the work that is their calling and the right to Justice relative to the purchase of the grain shrinking. We currently have wheat in fair compensation for that work. This right is

VerDate 202000 22:26 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 16019 comprised when too much control is operated for over 50 years, and is really Dear Mr. Fones: Mergers and concentration concentrated to increase the power and feeling the effects lately. It was very obvious are out of control. Please stop the Cargill- wealth of a few. Food, as well as the facilities that somebody, the middleman, made money Continental Merger as it will further for production and distribution, should not during the hog crisis. The farmer was paid deteriorate grain prices and farm income in be concentrated to the benefit of a few. very little for the hogs, but the prices in the my community and in all of the rural We live on a centery farm. And our oldest supermarkets never went down. communities in the U.S. boy, 20 years old, would love to go farming Thank you for your time in considering Companies like Cargill, ConAgra, ADM, with us and someday take over the centery this. Farmland and IBP are eliminating our safe farm. But because of the hag prices we had Sincerely, food system and bankrupting us. Our small to liquidate our farrow to finish hog towns and communities are being devastated operation. All we have left now is our grain. Bob Gregory. by their low fixed commodity prices. Letting Cargill and Continental gain together Okolona,, MS 38860 Please enforce antitrust laws and help the would take away another buyer and would people of this nation. Cresco, IA 52136 not give the family farms a promising future. October 6, 1999. Sincerely, Help save the Family Farms. Roger W. Fones, Vernon E. Heim, Dan & Judy Gotto. Chief, Transportation, Energy & Agriculture Manager. Section, Antitrust Division, U.S. Epworth, IA 52045 Department of Justice, 321 Seventh The Organization for Competitive Markets Dear Roger: I urge you to revisit the Street, Suite 500, Washington, DC 20530. (OCM) investigation of Cargill/Continental sale and Roger W. Fones: I am an Iowa resident to extend the comment period for at least 60 concerned about the impending takeover of P.O. Box 540061, Omaha, NE 68154–0061 days. the Continental Grain facilities by the Cargill September 16, 1999. It is my feeling that the family farm will Company. With this merger, the ability of the Mr. Roger W. Fones not survive if we have all these large Cargill Company to price control and Chief, Transportation, Energy & Agriculture companies going together and not having any decrease the markets available to farmers will Section, Antitrust Division, U.S. competition. not only effect the farmers but every person Department of Justice, 325 Seventh We believe: Every person has a right to the in the United States who buys food. With Street, N.W., Suite 500, Washington, DC gifts of creations, especially to the necessities Cargill Compnay having such a large 20503. of life. Respect for the dignity of the human monopoly they will be able to Re: United States of America v. Cargill, Inc. person also requires that each person has the overwhelmingly control the U.S. grain trade. and Continental Grain Company right to free enterprise, the right to undertake I urge you to rethink your investigation of the Dear Mr. Fones: This letter concerns the work that is their calling and the right to Cargill/Continental sale. important considerations that may have been fair compensation for that work. This right is The antitrust laws do not seem to include over looked by the Department of Justice comprised when too much control is farming and farm products; I think it is time during its review of the proposed merger of concentrated to increase the power and for that to be reevaluated in the light of this Cargill and Continental Grain. wealth of a few. Food, as well as the facilities impending merger. On November 30, 1998, former for production and distribution, should not Thank you for your time and Congressman Neal Smith of Iowa sent a be concentrated to the benefit of a few. consideration. detailed letter (copy enclosed) to Attorney Yours truly; General Janet Reno emphasizing the Mary Hargrafen. Grace Gotto. importance of looking at the futures trading Cresco, IA 52136 positions of the two companies in order to Bowling Green, NC 63334 October 6, 1999. understand the impact of the proposed To Roger W. Fones: For the Justice Judge Gladys Kessler, merger on the price of grains and soybeans Department’s stand in siding with the U.S. District Court for the District of which are determined in the futures markets multinational grain Cartel System, today’s Columbia, 333 Constitution Ave., NW, (see John W. Helmuth, Grain Pricing, AG markets have totally stolen from Washington, DC 20010. Commodity Futures Trading Commission independent family farmers. I believe this to Judge Gladys Kessler: I am an Iowa (CFTC), Economic Bulletin Number 1, be the most daring issue to ever be suffered resident concerned about the impending September 1977.) by the Family Farmers and Rural Economics, takeover of the Continental Grain facilities by While I understand individual company Consumer and Taxpayer Mergers are the the Cargill Company. With this merger, the information cannot be made public, the stealing of open markets, and this action now ability of the Cargill Company to price Department of Justice has given no public has the Seal of Approval from many Federal control and decrease the markets available to indication that you have performed any of Agencies to hold accountable. farmers will not only effect the farmers but the essential analysis called for in Mr. These agencies have failed in their selected every person in the United States who buys Smith’s letter. The DOJ cannot claim to have duties to perform on behalf of the Public to food. With Cargill Compnay having such a adequately investigated the impacts of the the Common Welfare and Protection of all large monopoly they will be able to merger without analyzing the fundamental United States Citizens. overwhelmingly control the U.S. grain trade. elements called for by Mr. Smith. The judge reviewing this matter cannot George Grover. I urge you to rethink your investigation of the Cargill/Continental sale and extend the make an informed decision without this fundamental information. Okolona, MS 38860 comment period for a longer period so that October 13, 1999. more people can comment. Sincerely, Roger W. Fones, Thank you for your time and John W. Helmuth, Ph.D, consideration. Chief, Transportation Energy & Agriculture Agricultural Economist, Member of the Board, Section, Antitrust Division, U.S. Mary Hargrafen. OCM. Department of Justice, 325 Seventh November 30, 1998. Street, NW, Suite 500, Washington, DC Callicrate Feedyard 20530. Attorney General Janet Reno Dear Mr. Fones: Please stop the Cargill- P.O. Box 748, St. Francis, KS 67756 Main Justice Building, Room 5111, 10th and Continental Grain sale. It would further October 11, 1999. Constitution Avenue, Washington, DC impact grain prices and farm income in my Mr. Roger W. Fones 20530. community and in the U.S. in general. Please Chief, Transportation, Energy & Agriculture Re: Cargill Buyout of Continental Grain extend the comment deadline for another Section, Antitrust Division, U.S. Dear Attorney General Reno: Please be sixty days. Department of Justice, 325 Seventh advised that, while I am an agricultural This sales would be extremely detrimental Street, N.W., Suite 500, Washington, DC producer like millions of others, I do not to the U.S. family farmers. Our farm has 20503. represent any of the parties on either side

VerDate 202000 21:17 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN3.SGM pfrm01 PsN: 24MRN3 16020 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices directly involved in the subject matter of this information about their crops for USDA crop regulations promulgated by enforcement letter, but am sending this letter because of surveys out of a sense of national duty, agencies are markedly different in the grain my long-time interest in international grain private companies are making daily trading (futures) markets and the securities markets. marketing during the more than 30 years in decisions based on jealously guarded private The table below highlights the difference Congress during which I authored the CFTC (mostly demand) information. in federal enforcement of anti-fraudulent Act and other legislation dealing with grain Given this fact, combining the number one regulations between the grain futures markets exports. and number two companies in the grain and the securities markets. The recent announcement of Cargill’s plan marketing industry not only aggregates their to buy the grain operations of Continental is physical facilities, it also aggregates their COMPARISON OF ANTI-FRAUDULENT subject to federal government approval inside information gathering capabilities and REGULATIONS pending antitrust review. I believe the increases at least proportionately their information advantage in the US and World outcome of that review will have far reaching Securi- Grain effects on US and international grain markets grain markets. ties futures for decades to come. The size of the two Number of Buyers, Price Competition markets markets companies (measured by market share) is of obvious importance to these considerations, Price competition exists, if and only if, a Insider trading prohibited yes ...... no. especially since there are so few international market is characterized by a large number of Short selling prohibited yes ...... no. grain trading companies. But there are other buyers and sellers. ‘‘Large number’’ is not unless last price equally important considerations that should defined by economists. However, most change was an up-tick. be taken into account by any comprehensive, economists would agree it is probably greater Short selling limited to yes ...... no. objective review. These are discussed below. than two. actual stock certifi- With respect to the market for farmers’ cates borrowed from The Importance of Information in World grain at the local level, the number of buyers owner. Grain Markets appears to be as low as one or two. To my knowledge, the federal government has not Detailed, accurate, daily information on International grain companies with documented the number of grain buyers literally hundreds of variables impacting the overseas offices also have a way to avoid the since the mid-1970’s. In any event, when a worldwide supply and demand of grain is speculative limits applying to local grain local market currently has two buyers which essential for any company engaged in grain elevators and producers. Despite efforts, happen to be Cargill and Continental, there marketing. There are two sources of such which have been strongly opposed by those will be only one buyer if the companies information: public and private. who benefit, this loop hole has not been merge. Public information is generally gathered closed. In one instance, twice as much grain However, it should be understood that the and disseminated by governments around the was covered in the futures market as the local impact on grain prices will be mostly world. The accuracy of such information customer took delivery of, and before the confined to what is called ‘‘the basis’’ which varies across countries. US, Canadian, and public was aware of the sale, and the balance is the nearby futures price adjusted to reflect European information generally set the was then sold at a big profit after the public local conditions. The major price impact, in standard for timely accuracy. By definition, overreacted to the exaggereated report. dollars and cents per bushel, is likely to public information is available to anyone and In considering any merger in an area so occur in the grain futures markets. has as one of its goals to provide ‘‘a level involved with international trade affecting playing field’’ for anyone buying and selling The Number of Entities Making Economic the most local of U.S. businesses, and such grain. Decisions a history, great caution should be observed. Private information is gathered by Fundamental to consideration of the The American public and American companies and/or individuals and is usually Cargill acquisition of Continental Grain is to farmers in particular, are entitled to an not disseminated to others, or is weigh the impact on economic decision answer to the question: ‘‘Why are the playing disseminated selectively to the advantage of making. Over fifty years ago Noble Laureate fields different?’’ the ‘‘owner’’ of the information. Arguably Frederick von Hayek elucidated the core If the two largest U.S. securities firms were some of the most valuable private strength and flexibility of market capitalism proposing a merger, federal authorities would information involves details of major as being the making of economic decisions by undoubtedly consider the impact on transactions engaged in by grain trading many relatively small resource owners, who securities markets. No less is necessary companies. The larger the company and the are close to the economic circumstances of regarding the Cargill-Continental merger and larger the transaction, the more valuable is time and place. Such market structure results its potential impact on grain futures markets. the ‘‘inside’’ information. in the most efficient use of resources and Consider the Impact on Other Agricultural For example, if the largest firm in the competitive markets. Hayek clearly pointed Markets industry makes a large sale of US wheat for out that the concentration of economic Finally, an astute observe reported that export, public knowledge of such a sale is decisionmaking in a relatively small number Continental is the largest cattle feeder in the likely to result in higher US (and World) of individuals, regardless of whether those U.S. (an industry that has been rapidly wheat prices. It is very much in the exporting individuals are government bureaucrats as in concentrating over the last two decades) and firm’s best interest to buy the US wheat (and the former Soviet Union or corporate that public statements by Continental possibly large numbers of US wheat futures executive in large companies, the result is the officials indicate a company objective of contracts) before knowledge of the export inefficient use of resources and non- expanding its cattle operations. Such an sale becomes public, and before wheat prices competitive markets. objective could be realized with the proceeds increase. Such transactions, based upon If Cargill acquires Continental, economic of the sale of Continental’s grain operations. inside knowledge are not prohibited in cash decision making clearly will become more While considering the grain market or futures markets for agricultural concentrated and the efficiency of capitalistic implications, federal officials should also commodities, as they are in the Securities grain markets is very likely to decline. markets. consider the possible impacts on other Placed in perspective, large grain trading A Level Playing Field: Grain Markets agricultural markets such as livestock. Such companies have access to the same public Compared to Securities Markets impacts could be substantial and far information everyone else has, plus they Federal regulations affect grain markets reaching. have knowledge of their own transactions, based upon the authority, inter alia, of the Sincerely, and information gathered by their worldwide Commodity Exchange Act and the Neal Smith, offices and subsidiaries, and information Commodity Futures Trading Commission Former Member of Congress from Iowa. gathered by their privately owned Act. Federal regulations affect securities reconnaissance satellites. Thus, while the markets based upon the authority of the Minnetonka, MN playing field may be level with regard to Securities Exchange Act. While these laws October 8, 1999. public information, and US farmers may contain equally clear and strong language Roger W. Fones voluntarily give away valuable supply with respect to fraudulent activities, Chief, Transportation, Energy & Agriculture

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Section, Antitrust Division, United States he came into power and look what happened. would certainly be detrimental to small and Department of Justice, 325 Seventh Please stop this merger, let the farmers be medium sized farms that are less able to hang Street, N.W., Suite 500, Washington, DC heard throughout the land, help them to find on to their grain until markets improve. Even 20530. solutions don’t put the nails in the coffin of if one believes that bigger farms are always Dear Mr. Fones: I have been following with rural America. These people are your better, there is considerable danger in great interest the Cargill-Continental merger. neighbors, your friends, your community, allowing such large corporations to merge I work in an office with many policy analysts remember it is people you are dealing with when there is already very limited and they understand in a more technical way here not just numbers. competition. Add to this the fact that we are what is going on. I do the administrative Thank you. dealing with food, and the danger of work and have never really been interested Sincerely, monopolizing the market becomes even more in technical jargon except to file it. But I am Kathy Hiltsley. grave. very interested in the lives of people. No For all of these reasons, I strongly urge you longer should people’s lives be caught up in Tulsa, OK 74133 and your department to disallow this merger the technical jargon but it is time to seriously 10 October 1999. between Cargill and Continental. Thank you take a look at the holocaust happening within Mr. Roger W. Fones, for your consideration. the rural communities of our nation. It is a Chief, Transportation, Energy and Sincerely, slow demise of the family farmer and if you Agriculture Section, Anti-Trust Division, Rev. Jeff Horejsi. ask the farmer they are slowly losing hope for U.S. Department of Justice, 325 7th a culture that made this country great. Street, NW, Suite 500, Washington, DC Roger W. Fones I also worked at Cargill many years ago, I 20530. Chief, Transportation, Energy and am aware of the hug offices, the money that FAX: 202/307–2784 Agriculture Section, Antitrust Division, they have accrued on a personal level is U.S. Dept. of Justice, 325 7th Street NW, Dear Mr. Fones: I am writing this to request incredible and that money was made off the #500, Washington, DC 20530. that you conduct further investigation of the very product that our family farms produced Please stop the Cargill-Continental Grain for you and I to eat. It is a product that we Cargill-Continental Grain sale and that you extend the comment deadline for another Sale because it will hurt the small farmers in use everyday of our lives in some way or my area and the U.S. It will also eventually other and the farmers worked hard everyday sixty days. Are you aware of what the creation of a raise food prices. Please extend the comment of their lives to bring it to us. They were not period for 60 days. looking for ways to make more money to larger monopoly will do, not only to grain satisfy their stockholders, they did not have farmers in this country, but also to all Reena Kazmann. an insatiable need for more things. What they consumers? October 07, 1999. did was take their land, put the seed into the Monopolies always create higher prices for Roger W. Fones, ground tend to the crops, harvest it and then the consuming public. They create even Chief, of Transportation, Energy & turned around and sold it to people like lower prices for those who must sell their Agriculture Section, Antitrust, Division, Cargill and Continental. I was always amazed commodities to the monopolies. Grain prices 325 Seventh St. NW, Suite 500, when I worked at Cargill the amounts of are already below break-even. Washington, DC 20530. product that were shipped from ordinary Farmers are going broke in our state at an farmers and the amounts of money they made alarming rate. Across the U.S., farm income Dear Sir: I am writing to concerning the on trading and selling it. I didn’t understand is down by 70%. Depressed prices are Cargill-Continental merger. I wanted to let at that time nor was I very interested but ruining not only farmers but all small-town you know that the market for our grain on the today as I watch and listen to farmers story businesses. I urge you to conduct a more farm is already highly concentrated. The my heart is breaking for those people you are thorough investigation into the Cargill/ Cargill-Continental Merger would spell doom not listening to. Continental Sale before submitting a final for the independent farms we have left on the I don’t want to be a part of our country’s judgment on this. prairie. Small farmers are struggling the way holocaust when it comes to our farmers. I do Please give my request your serious it is. Please consider this before you vote. know that by letter in the Cargill Continental consideration. Sincerely, merger happen you are saying to the farmers Sincerely, you are not very important but money is and Barbara Hook. Robin Kleven. the bottom line is money not people. How can I say that? Because it is the message I’m Madison, MN 56256 Corporate Agribusiness Research Project hearing loud and clear from you. Whitney October 7, 1999. P.O. Box 2201, Everett, Washington 98203– McMillan, Cargill McMillan, and the other Mr. Roger W. Fones 0201 McMillan’s have more money that I or most U.S. Dept. of Justice, 325 Seventh St. NW, of our farmers will ever dream of. Who do Suite 500, Washington, DC 20530. October 8, 1999. you think they made that money from? How Dear Mr. Fones: I am writing to you Roger W. Fones much is enough? And do we have to lose a because of my concern abut the proposed Chief, Transportation, Energy & Agriculture whole culture so they will make enough to merger between two grain handling giants. I Section, Antitrust Division, U.S. satisfy their insatiable need for more money? am a pastor of a Catholic parish of about 600 Department of Justice, 325 Seventh Look at who they say they are competing people in western Minnesota. Our economy Street N.W., Suite 500, Washington, DC with how many companies is it really? Some in Madison is very much tied to agriculture. 20530. of the competition comes from within. My When farm commodities are depressed, it Dear Mr. Fones: In accordance with the husband is in the wallcoverings business does not simply mean hard times. Businesses ‘‘Antitrust Procedures and Penalties Act’’ competition is there all the time for him but fold and do not reopen. More and more of (APPA) of the U.S. Code I am enclosing a he doesn’t go out and buy all the business out our population flees to other towns and recent issue of The Agribusiness Examiner,’’ so he can make more money. We are satisfied areas. Of course there are other contributing a weekly e-mail newsletter which I edit and with the money we make, we work hard for factors, but there is no denying that an publish devoted to monitoring corporate it but it allow us to live with integrity. unhealthy agricultural sector spells rapid agribusiness from a public interest You can listen to all the technical jargon, decline for our town and region. perspective. you can look at all the numbers but in the Ten years ago, it was well known that 90% I am sending this copy to you as my way end we are talking about people’s lives here. of the world’s grain exports were done of making a ‘‘public comment’’ regarding the Our farmers need us to stand with them. through just five corporations. Cargill and Justice Department’s ‘‘Final Judgment’’ They need the very government that they Contentntal are two of the five. There is regarding the sale of Continental Grain’s have helped support through hard work and already too much concentration in this area grain merchandising division to Cargill. I will toil to stop and listen very closely to do the of agriculture. This merger would mean even look forward to the Department’s comments right thing that will make the most money. less competition in the marketplace. It would in the Federal Register regarding the various Hitler was working on economic health when be great for the few corporations left, but it issues raised in this issue of my newsletter.

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I should also note that this newsletter is agriculture, merely as additional logs on that Legal precedent, according to the DofJ, distributed on a weekly basis to nearly 850 fire that is intended to smoke them out of the requires that ‘‘[t]he balancing of competing people through the U.S. and the rest of the business of farming. social and political interests affected by a world, including many family farmers, farm Meanwhile, the crucial issue that is today proposed antitrust consent decree must be organizations and public interest food deeply distressing family farmers to the point left, in the first instance, to the discretion of advocates. of near hopelessness is the rapid corporate the Attorney General. The court’s role in Thank you for your time and consideration concentration within agriculture as protecting the public interest is one of of the enclosed. exemplified by the recent announced insuring that the government has not Sincerely, purchases by Cargill of Continental Grain’s breached its duty to the public in consenting merchandising business and Smithfield to the decree. A.V. Krebs, Foods buying up of Murphy Family Farms ‘‘The court is required to determine not Director. and Tyson Food’s Pork Group. whether a particular decree is the one that While Dan ‘‘Of the Grain Trade, By the will best serve society, but whether the Subject: The Agribusiness Examiner #50 Grain Trade and For the Grain Trade’’ settlement is ‘within the reaches of the public Date: Fri. 08 Oct 1999 01:15:46–0700 Glickman may be ‘‘very pleased that the interest.’ [A] proposed decree must be From: ‘‘Albert V. Krebs’’ Department of Justice has taken * * * steps approved even if it falls short of the remedy ([email protected]) to protect American farmers from the the court the would impose on its own, as To: [email protected] potential adverse effects’’ of the Cargill/ long as it falls within the range of SPECIAL EDITION Continental sale by its recent ‘‘Final acceptability or is ‘within the reaches of the Judgment’’ and divestiture order, farmers public interest.’.’’ The Agribusiness Examiner from Stockton, California to Hampton Roads, Letters specifically demonstrating and/or Monitoring Corporate Agribusiness From a Virginia see the consolidation of two of the documenting the impact of Cargill’s Public Interest Perspective world’s largest grain traders as nothing but monopoly of the grain trade and how the Issue #50 October 8, 1999 more economic and social adversity for them Continental purchase will affect that and their families. situation on one’s own family farm operation A.V. Krebs, Editor/Publisher. Thus, in an attempt to force the or upon the rural community in which one Urgent Appeal: Effort to Block Cargill/ Department of Justice anti-trust division to lives will be most valuable. Copies of such Continental Sale—Public Comment Deadline conduct a more thorough investigation of the letters should also be sent to the letter at Hand Cargill/Continental sale, efforts are currently writer’s state attorney general’s office urging underway to forestall the Department from that office at the same time to utilize their October 12, 1999 remains the deadline for submitting its ‘‘Final Judgment’’ for the good offices in not only calling upon the U.S. public comment on the U.S. Department of approval to presiding U.S. District Court Department of Justice to revisit its Justice’s Anti-Trust Division’s ‘‘Final Judge Gladys Kessler. This ‘‘Special Issue’’ of ‘‘investigation’’ of the Cargill/Continental Judgment’’ relative to the sale by Continental The Agribusiness Examiner is part of that sale, but requesting that the deadline for Grain of its grain merchandising division to effort. comment be extended another sixty days to Cargill, the world’s largest grain trader. For once, not simply acting as a mere After characterizing what it publicly called December 12. mouthpiece for corporate agribusiness, but an almost year long ‘‘investigation’’ of the Whether or not Judge Kessler concludes actually serving as ‘‘a voice for American sale the Department of Justice (DofJ) in fact that the consent decree is ‘‘within the reaches Agriculture,’’ American Farm Bureau filed a formal ‘‘Complaint’’ with the U.S. of public interest’’ the corporate President Dean Kleckner, has rightfully District Court for the District of Columbia. audaciousness of Cargill in attempting to observed that ‘‘the time has come for the However, the DofJ totally neutralized its summarily own this nation’s grain trade with Justice Department to have someone with ‘‘Complaint’’ by filing it on the same day its purchase of Continental’s grain assets is agricultural expertise to oversee such (July 8, 1999) and at the same time that it breathtaking. One need only look at the facts concentration issues. Agriculture is a unique furtively filed a consented ‘‘Final Judgment,’’ brought to light in the DofJ’s own industry. It requires someone with the agreed to by all parties. While the DofJ’s ‘‘Complaint’’ to see such covertness. ‘‘Final Judgment’’ now awaits the approval of experience and background to ensure anti- trust laws are not being violated and that OCM’S Fred Stokes: ‘‘A Dark Day for presiding U.S. District Court Judge Gladys Agriculture’’ Kessler, the public comment period regarding opportunities for all farmers are protected’’ the Department’s decision remains open until The hour is late, the deadline for public ‘‘If the Cargill merger goes through, it is a October 12. comment on the Cargill/Continental ‘‘Final dark day for agriculture,’’ is the way Fred In their ‘‘Complaint’’ the DofJ formally Judgment’’ is Tuesday, October 12. Stokes, a Mississippi cattlemen and recently charged that Cargill’s purchase would No matter what one’s degree of elected President of the Organization for ‘‘substantially lessen competition for involvement in various and related public Competitive Markets (OCM) describes the purchases of corn, soybeans, and wheat in interest issues might be or what political or Cargill/Continental sale. ‘‘The loss of each of the relevant geographic markets, ideological persuasion one might be if they Continental Grain as a competitor while enabling it unilaterally to depress the prices care about who grows their food, who creating a more powerful Cargill will drive paid to farmers. The proposed transaction produces and manufacturers it, its farmers’ share of the retail dollar even lower. will also make it more likely that the few availability, its safety, its cost and the future Continental Grain will then plow the new remaining grain trading companies that of family farming agriculture the effort to money into further consolidating the purchase corn, soybeans, and wheat in these block this sale is one that deserves their livestock industry.’’ markets will engage in anticompetitive immediate and highest priority. Alone among farm organizations who have coordination to depress farm prices.’’ The ‘‘Antitrust Procedures and Penalties denounced the Department of Justice’s ‘‘Final Act’’ (APPA) of the U.S. Code provides that Judgment’’ decree the Organization for Commentary any person may submit to the United States Competitive Markets is a non-profit, non- Liberals and progressives and those written comments regarding the proposed partisan organization of farmers, ranchers, individuals and organizations that seemingly ‘‘Final Judgment.’’ Any person who wishes to academics and attorneys which provides care so deeply about the plight of the nation’s comment should do so by October 12. The information to the public about the family farmers may pride themselves on comments and the response of the United importance of true competition in the being on the cutting edge of today’s economic States will be filed with the Court and agricultural marketplace. and social issues such as genetic engineering published in the Federal Register. Keith Mudd, a Missouri farmer and OCM and the upcoming World Trade Organization Written comments should be submitted to: board member, adds, ‘‘Farmers used to have meeting in Seattle, Washington. Roger W. Fones, Chief, Transportation, several choices of elevators to market their At the moment, however, agrarian Energy & Agriculture Section, Antitrust grain. Mergers have reduced the number of populists and thousands of family farmers Division, United States Department of buyers to two in many geographic areas. If throughout the U.S. see such issues, as Justice, 325 Seventh Street, NW, Suite 500, the Cargill merger goes through, many important as they may be for the future of Washington, DC 20530. farmers will have only one buyer. I fail to

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Legislators and competition.’’ ‘‘There is even greater irony in that the courts have fully recognized these concerns ‘‘The immediate effects of the merger will principal advocates of centralized economic in statutes and in cases, respectively, but the be less market choices for farmers, more planning—the former Soviet Union and DOJ’s merger analysis failed to weigh these control over exports and a heightened ability Eastern European countries—are abandoning considerations.’’ by Cargill to unilaterally affect the futures it as an economic failure, at the very time Lauck’s letter goes on to warn the markets,’’ stated Dr. John Helmuth, American industries are becoming more and Department of Justice that it ‘‘must consider agricultural economist and OCM board more centrally planned by those few firms more that the grain buying operations of member. ‘‘The subsequent effects will be with greater and greater economic power Cargill. The acquisition of Continental’s pressure for other grain merchandisers and resulting from ever increasing industry seventy elevators will enhance the economic their customers to merge in order to equal the concentration,’’ he adds. power of Cargill as a general matter. Such a market power of Cargill.’’ result concerns farmers because Cargill’s OCM’s Jon Lauck and other Midwest farm Cargill: To Become More Powerful and assets and economic power can be deployed activists have been meeting in recent weeks Sophisticated Firm ‘‘Capable of Strategic, across a range of agricultural sectors. For with both Republican and Democrat state Cooperative and Anti-Competitive Behavior’’ example, Cargill stands out as a top-four firm attorney generals, in efforts to line up In a recent letter to Roger W. Fones, Chief in beef packing, cattle feedlots (where support for a lawsuit to block the sale. of the Transportation, Energy & Agriculture Continental is the largest), pork packing, ‘‘Not too long ago,’’ Lauck recently told Section of the Antitrust Division, United broiler production, turkey production, The Corporate Crime Reporter,’’ antitrust States Department of Justice, Organization for animal feed plants, grain elevator capacity, officials would have looked at something like Competitive Markets Jon Lauck wrote that flour milling, dry corn milling, wet corn this and decided—this is obviously too large, Cargill’s acquisition of Continental Grain milling, soybean crushing, and ethanol these are two dominant players. We are never Company ‘‘would unify the second and third production. going to allow something like this to go largest grain traders in North America, which ‘‘Such a dominant position across many through. export 40% of American agricultural agricultural markets will allow Cargill to ‘‘Given the DOJ’s concerns about the commodities.’’ transfer resources between sectors according anticompetitive consequences of the merger,’’ Specifically, Lauck, the author of a law to the economic conditions that are Lauck stresses, ‘‘it is odd that no effort is review article entitled ‘‘Toward an Agrarian prevailing at a given time. The ability to made to justify its approval of the merger. Antitrust,’’ 75 North Dakota Law Review transfer assets will allow Cargill to maintain The fears of antitcompetitive behavior set (August/September 1999, objected ‘‘to the its dominant status in all of these markets forth in the ‘Complaint’ are not counter- analysis used by the Department of Justice irrespective of its competitive prowess. balanced with a recognition of post-merger when reviewing the acquisition. DofJ’s Unlike farmers, who are forced into efficiencies, for example. With no apparent analysis: (1) fails to consider the wider bankruptcy after a few bad seasons, Cargill benefit to the merger and significant concerns concentration in agricultural markets beyond will maintain its dominant status over time expressed by many parties about its approval, grain buying; (2) fails to consider the regardless of economic performance over the the natural reaction would be to halt the continuing potential for anticompetitive short-term. With Continental’s assets, Cargill merger. This response is further justified by behavior in the post-merger market; (3) fails will become an even more powerful and the obvious difficulties that accompany the to show that the divested remnants of ‘sophisticated’ firm, even more capable of reversal of market concentration once it has Continental will be a competitive force strategic, cooperative, and anti-competitive become an economic fact.’’ absent a large network of elevators which buy behavior. One argument that defenders of the recent grain; (4) fails to consider the nature of the ‘‘The DofJ argues in its complaint that wave of corporate mergers within grain selling market; (5) fails to consider the within particular draw areas very few firms agribusiness have sought to make is that such economic disorganization of farmers which buy grain. It argues that if Continental’s mergers, specifically within the grain trade, can be exploited by powerful buyers; (6) fails operations where absorbed ‘Cargill would be are necessary so as enable U.S. companies to to consider information disparities in in a position unilaterally, or in coordinated compete with foreign ‘‘parastatal agricultural markets; (7) fails to explain the interaction with the few remaining monopolies.’’ benefits of the merger; (8) and fails to competitors, to depress prices paid to Recently, the corporate agribusiness consider a range of statutes that Congress producers and other suppliers because dominated International Policy Council on intended courts to consider when making transportation costs would preclude them Agriculture, Food and Trade (IPC) issued a decisions about agricultural markets. from selling to purchasers outside the captive call for the elimination of parastatal ‘‘In recent years,’’ he continues, draw areas in sufficient quantities to prevent monopolies in the next round of world trade ‘‘agricultural processing markets have the price decrease.’ Divestitures in a few of talks. Although the Australian and Canadian become highly concentrated. From a top-five these markets as proposed by the DofJ does Wheat Boards were not mentioned by name concentration ratio of 24% in the early 1980s, not address this problem. Even with the the IPC report bemoaned the fact that the for example, the beef-packing sector’s five- divestitures, grain buying would remain monopoly power of such agricultural state- firm concentration ratio has grown to 85 heavily concentrated and susceptive to trading enterprises (STE’s) ‘‘have the ability percent. Similar statistics apply to several collusive and cooperative activity,’’ Lauck’s to distort domestic markets and international other sectors of the agricultural processing letter warns. trade flows,’’ even if they are not directly economy. ‘‘Furthermore, it is unclear how supported by government payments. ‘‘The DofJ’s analysis did not consider the Continental will remain an effective ‘‘As long as they enjoy exclusive powers or wider context of consolidation in the competitor with Cargill after selling almost advantages not shared by their competitors, agricultural system and instead focused on all of its elevator capacity. The few facilities monopolies will not behave like ‘‘at risk’’ the grain buying activities of Cargill and that will not be acquired by Cargill hardly enterprises,’’ the IPC said. ‘‘To end the Continental. Growing concentration in constitute a legitimate competitive threat. As resulting market distortions, the monopolies agricultural markets should have been the DofJ emphasized in its complaint, grain themselves should be eliminated, preferably considered by the DofJ given the continuing buying involves a large-scale network of by the end of the implementation period of consolidation of agribusiness firms,’’ he adds. facilities. The few remaining Continental the next round.’’ ‘‘It was the growing power of agribusiness facilities, stripped of their internal networks But, as Dr. Helmuth has noted, ‘‘when firms that triggered concerns among farmers which provide them with competitive fewer and fewer individuals make more and and inspired the passage of the Sherman Act. flexibility and information about grain flows, more of the economic decisions, whether And it was continuing concentration in will be powerless in comparison with Cargill, those individuals are in government or big agricultural markets, particularly through with its $51 billion in annual revenues and business, the results is anti-competitive, merger, that prompted passage of additional 81,000 employees in 60 different countries. inefficient and harmful to society as a whole; antitrust statutes such as the Clayton Act. ‘‘Continental’s decision to sell off its grain when more and more individuals make more The importance of the antitrust laws to buying operation may also indicate that it no and more of the economic decisions, the farmers is explained by the difficulties longer considers grain buying a priority. In

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The DofJ openly out of the system, not just through fewer The role of the grain trade in a nation that concedes in its complaint that it is ‘unlikely people, but by dedicating some facilities to is constantly touted as being ‘‘the world’s that Cargill’s exercise of market power will specialized products and getting more breadbastket’’ cannot be over emphasized as be prevented by new entry, by farmers and efficiencies in operations (shorter barge the respected University of Missouri rural other suppliers transporting their products to turnaround times, longer runs in elevator sociologist William Heffernan points out, more distant markets, or by any other handling, etc.). 75% of the world’s food (based on dry countervailing competitive force’.’’ Hayenga and Wisner point out that weight) is grain based. Lauck concludes his carefully documented Cargill’s new joint venture with Monsanto to In discussing the nation’s grain network 13-page letter to Fones by emphasizing that arrange production and to market value- the DofJ in its ‘‘Complaint’’ notes that in each ‘‘given the importance of this merger and the added specialty grains and oilseeds for the instance, the geographic area from which a constraints on state action if the consent feed and processing industries ‘‘will require country elevator, river elevator, rail terminal, decree is approved, I respectfully request that greater capacity to handle segregated grain or port elevator receives grain is limited by the comment period for this merger be flows throughout the domestic and export transportation costs and is known as the extended another sixty days to December marketing system. Continental has had a ‘‘draw area’’ for that facility. Draw areas they 12th. Several parties have expressed interest significant presence in the identity preserved conclude, expand and contract only slightly in commenting on the merger and will not be grain market, with half its international feed in response to normal economic fluctuations able to do so by October 12th. In the interest customers converted to high oil corn. in crop supply, crop demand, and of a fair hearing on this critical matter, I urge ‘‘Cargill expects to better serve the transportation costs. DofJ to support a lengthening of the comment producer by enhancing productivity and For many country elevators, river elevators, period, as allowed under the Tunney Act. If passing some of those cost savings on in the railroad terminals, and port elevators, draw the DofJ and the court do not see fit to extend form of better prices to their suppliers and are Cargill and Continental often operate the comment period, I urge the court to reject customers. They also plan offer many more facilities that have overlapping draw areas, the proposed consent decree for failing to price risk management alternatives and and they therefore compete with one another consider the factors set forth herein.’’ advice, financing, etc., to farmers,’’ they add. for the purchase of wheat, corn, and soybeans The study goes no to add that ‘‘the basic from the same producers or other suppliers. Iowa State Study: Why Did Continental Sell? concern expressed by some farmers, In some areas within these overlapping draw Why Did Cargill Become a Buyer? politicians, and industry participants is that areas, Cargill and Continental have been two Prior to the Department of Justice’s ‘‘Final Cargill bought Continental to remove a of a small number of competing grain trading Judgment’’ Iowa State Department of significant competitor, particularly in the companies. Economics professors Marvin Hayenga and export market, and expand merchandising ‘‘Sometimes they are the best,’’ DofJ Robert Wisner addressed the questions of margins. The ability to ‘control’ more observes, ‘‘and occasionally the only realistic why Continental sought to sell its grain facilities and larger volumes of grain and alternative purchasers of grain from merchandising division and why Cargill soybeans might adversely influence producers and other suppliers. By acquiring became such a willing buyer. competition and the transparency and Continental’s facilities that purchase grain The complete text of the Hayenga-Wisner effectiveness of the price discovery process from these ‘captive draw areas,’ Cargill paper can be viewed at: http:// in the grain marketing system.’’ would be in a position unilaterally, or in www.econ.iastate.edu/outreach/agriculture/ The two professors then ask a series of key coordinated interaction with the few marketing/hayenga. questions: Will the merger result other remaining competitors, to depress prices paid Professors Hayenga and Wisner note in merchandisers and processors having to to producers and other suppliers because their January, 1999 paper, ‘‘Cargill’s conform to Cargill standards in grain transportation costs would preclude them Acquisition of Continental Grain’s Grain merchandising? Will the merger result in from selling to purchasers outside the captive Merchandising Business,’’ that industry exclusivity in marketing arrangements with draw areas in sufficient quantities to prevent speculation was that Continental excelled in Cargill such that firms that do business with the price decrease.’’ very large volume bulk export trading, and Cargill are excluded from or penalized for By way of evaluating concentration is these had not diversified enough into the value doing business with other merchandisers? ‘‘captive draw areas’’ the Department of added processing to compete effectively in a Will Cargill bundle products or terms into Justice uses a criteria based on the market environment where export volumes their merchandising arrangements, like Herfindahl-Hirschman Index (HHI), a have been sharply reduced in recent years. requiring its buyers and suppliers to use commonly accepted measure of market ‘‘To compete effectively by restructuring Cargill transportation or Cargill risk concentration. The HHI is calculated by their operations at this late date,’’ they add, management tools? Will Cargill control so squaring the market share of each firm ‘‘would require too much capital and too much grain at various stages of the system competing in the market and then summing much risk. Continental’s storage capacity that fewer negotiated prices and price reports the resulting numbers. declined significantly over the last ten years, are available to keep the price discovery For example, for a market consisting of while Cargill, ADM and Peavey [ConAgra] system transparent? four firms with shares of 30, 30, 20, and 20 expanded. Their capital could be more It is these questions that many farm critics percent, the HHI is 2,600 (302 + 302 + 202 productively employed in their other feel that the Department of Justice’s ‘‘Final + 202 = 2,600). The HHI takes into account agricultural and financial businesses.’’ Judgment’’ fails to answer. the relative size and distribution of the firms In seeking answers as to why Cargill in a market. It approaches zero when a expected the Continental purchase ‘‘Captive Draw Areas’’ and the HHI market is occupied by a large number of acquisition to contribute to its ability to Although Cargill and Continental have firms of relatively equal size and reaches its compete effectively in a rapidly changing from the outset sought to minimize the maximum of 10,000 when a market is market environment the Iowa State study monopoly situation the purchase would have controlled by a single firm. The HHI summarized that the acquisition will created within the grain trade the facts are increases both as the number of firms in the contribute to ‘‘more effective knowledge that farmers typically sell their crops to rural market decreases and as the disparity is size acquisition and transfer from an expanded grain elevator operators, many of which are between those firms increases. global presence and a broader base of grain owned by cooperatives and small companies. Markets in which the HHI is between 1000 origination facilities in the countries where These elevators then either export the grain and 1800 are considered to be moderately grain is produced. or resell it to flour mills and other food concentrated, and markets in which the HHI ‘‘The grain merchandising system is a high processors with much of it being sold to grain is in excess of 1800 are considered to be fixed cost system. Cargill hopes to compete trading corporations such as Cargill, highly concentrated. Transactions that

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The elevator, Caruthersville river elevator, Salina Commission 1992 Horizontal Merger approximate post-merger HHIs for purchases rail elevator, Troy rail elevator, Beaumont Guidelines. of soybeans and wheat in the Texas Gulf port port elevator, Stockton port elevator or In their ‘‘Complaint’’ the DofJ vividly range would be 5105 and 2611, with Chicago port elevator, or any interest in the shows that even prior to the purchase increases in the HHIs of 1056 and 451 points, river elevator at or near Birds Point, Missouri agreement Cargill and Continental were two respectively, resulting from this transaction. (in which Continental formerly owned a of a very small number of grain trading Other geographic markets in which Cargill minority interest, and had a right of first companies competing to purchase grain in and Continental compete for purchase of refusal to purchase grain). four key ‘‘captive draw area’’ including: the corn, soybeans, and wheat are also highly Cargill was also directed to enter into a Pacific Northwest port range, which include concentrated. These markets include river throughput agreement that makes one-third western Minnesota, eastern North Dakota, elevator markets on the Illinois River and the 1⁄3 of the daily loading capacity at its river and northeastern South Dakota; the Central Mississippi River, authorized delivery points elevator located at or near Havana, Illinois, California port range, which include the on the Illinois River for corn and soybean or one barge-load per day, whichever is areas around Stockton, California, to West futures contracts, and rail terminal markets greater, to an independent grain company Sacramento, California; elevators in the in Kansas and Ohio. The proposed acceptable to the United States in its sole Texas Gulf port range, which include transaction would have increased the HHIs in discretion (the ‘‘Havana Throughput portions of Texas and Louisiana; elevators each of these markets to over 3,000. Agreement‘‘). Daily loading capacity shall be along the Illinois river stretching from the capacity registered with the CBOT. Divestiture: Trade Collusion by Any Other Morris, Illinois, to Chicago, Illinois, and on A ‘‘Standard Throughput Agreement’’ Name? the Mississippi river in the vicinities of means an agreement that allows one grain Dubuque, Iowa, and New Madrid/ In its ‘‘Final Judgment’’ the Department of company to move its grain through an Caruthersville, Missouri, and the captive Justice not only directs Cargill to divest all elevator operated by another person, with draw areas for rail terminals in the vicinities of its property rights in the port of Seattle unloading, storage, loading and ancillary of Salina, Kansas, and Troy, Ohio. elevator, East Dubuque and Morris river services provided by the operator pursuant to Each of those ‘‘captive draw areas’’ is elevator, but also mandates that Continental terms, conditions and rates that are common already highly concentrated based on HHI is ordered and directed to divest all of its in the grain industry. figures. The potential combination of Cargill property rights in the Lockport and The independent grain company that and Continental would have dramatically Caruthersville river elevators, the Salina rail and substantially increased concentration in obtains the throughput right from Cargill (the and Troy rail elevators, the Beaumont, already highly concentrated grain purchasing ‘‘third party‘‘) must be qualified under CBOT Stockton and Chicago port elevator to an markets. rules and regulations to make delivery of at Acquirer acceptable to the United States in For example, in the Pacific Northwest port least one barge-load of corn and soybeans per its sole discretion. range markets for corn and soybean day for the settlement of CBOT corn and When one totals the elevator capacities of purchases are highly concentrated, with the soybean futures contracts, and must agree to top four port elevator operators accounting those facilities that Cargill must relinquish register that capacity at the Havana facility for 100% of all corn and soybean purchases and those Continental elevators which it is with the CBOT. in these markets as Cargill alone accounts for prohibited from operating some rather The ‘‘Havana Throughput Agreement‘‘ about 44% of all soybean purchases and 23% curious figures emerge. shall allow the third party to use its share of of all corn purchases. Continental, in a joint The total domestic storage capacity for the loading capacity at the Havana facility to venture with Cenex Harvest States, accounts Cargill and Continental in January of 1999 transload grain from trucks onto barges for for about 50% of all soybean purchases and was 463 million bushels for Cargill and 169 commercial purposes unrelated to futures 30% of all corn purchases in the same port million bushels for Continental. This contract deliveries, as well as to make range. compares to 1981 figures of 148 million deliveries under CBOT futures contracts. After the proposed acquisition, Cargill bushels for Cargill and 110 million bushels Cargill, however, is not obligated by the would have accounted for 94% of Pacific for Continental. The total capacity of the ‘‘Final Judgment’’ to provide storage services Northwest soybean purchases and about 53% Seattle port and Morris River elevators and to the third party in excess of the storage of Pacific Northwest corn purchases. The one third of the Havana river elevator (see services required to accommodate the approximate post-merger HHIs for purchases below) is some five million bushels while the transloading of grain shipments from trucks of soybeans and corn in the Pacific storage capacity of the Lockport, to barges. Load to barge loading, may not Northwest port range would be about 8868 Caruthersville, Salina and Troy rail elevators exceed the load-out fees. and the Beaumont and Stockton port and 5004, with increases in the HHIs of 4400 Cargill: Getting the ‘‘86’’ in Seattle? and 1364 points, respectively, resulting from elevators totals some 15 million bushels. If this transaction. hypothetically one independent corporation In the Department of Justice’s original Likewise, the Central California port range should buy all these elevators its combined ‘‘Complaint,’’ the anti-trust division asserted market for wheat is highly concentrated, with storage capacity would be but between three that competition for the purchase of grain Cargill and Continental accounting for and four percent of Cargill’s storage capacity and soybeans from farmers and other virtually all wheat purchases in this market. and a similar percentage of ADM’s total suppliers would have been harmed by The approximate post-merger HHI for storage capacity. combining Cargill’s and Continental’s purchases of wheat in the Central California The DofJ directs that Cargill and competing port elevators in the Pacific port range would be about 10,000, with an Continental’s assets shall be made to an Northwest, which purchase corn and increase in the HHI of 7,888 points resulting Acquirer for whom it is demonstrated to the soybeans from farmers in portions of from this transaction. sole satisfaction of the United States that: (1) Minnesota, North Dakota, and South Dakota. In the Texas Gulf port range markets for the purchase is for the purpose of using the Currently, nearly 40% of Cargill’s corn soybeans and wheat are also highly Asset to compete effectively in the grain shipments abroad go through their Pier 86 concentrated, with the top three purchasers business, (2) the Acquirer has the managerial, elevator in Seattle. accounting for 100% of all purchases of operational, and financial capability to use Yet, in ordering the divestiture of Cargill’s soybeans and the top four purchasers the Asset to compete effectively in the grain 4.2 million bushel terminal in Seattle, accounting for 79% of all purchases of wheat business; and (3) none of the terms of any presently leased from the Port of Seattle, the in these markets. Cargill accounts for about agreement between the Acquirer and nation’s largest private corporation will now 16% of all soybean purchases and 25% of all defendant(s) give defendant(s) the ability operate in part the TEMCO three million wheat purchases in the Texas Gulf port unreasonably to raise the Acquirer’s costs, to bushel grain elevator at the nearby Port of range. Continental accounts for about 33% of lower the Acquirer’s efficiency, or otherwise Tacoma. TEMCO or Tacoma Export all soybean purchases and 9% of all wheat to interfere in the ability or incentive of the Marketing Corp. has operated the terminal as purchases in the same port range. Acquirer to compete effectively. a joint venture for Continental and Cenex

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Harvest States Co-op, now in the process of elevator pursuant to a right of first refusal, grain market. ‘‘My concern is deliveries on merging with Farmland Industries, to form Cargill shall not subsequently acquire any the Illinois River,’’ Love said. ‘‘Now, you’ll United Country Brands, the nation’s largest other interest in that facility (including a basically have two big companies, and if agricultural cooperative. (See Issue #25) joint venture interest) without the written they’re both bullish, you won’t have any Slightly over 100 miles to the south of consent of the United States. deliveries,’’ since they could export the grain Tacoma, Mitsubishi Corp. a leading Japanese As for the Seattle elevator, the Seattle rather than meet contract obligations. trading company, recently announced it has Times business correspondent Patrick Reacting to the initial announcement of the acquired about a 10% stake in the Kalama Harrington recently reported, ‘‘with Cargill purchase one Illinois farmer also speculated Export Company LLC equally owned by now planning to shift operations to Tacoma that if Continental was unable to successfully ConAgra Inc. and Archer Daniels Midland after all, it remains to be seen whether there compete financially with other grain trading Co. (‘‘Supermarkup to the World’’). Kalama is a player big enough to fill its shoes.’’ companies to the extent that it was willing Export Company LLC operates a grain ‘‘Cargill, even before it acquired to sell its assets to a competitor why would elevator along the Columbia River in Continental last month, was the nation’s anyone believe that an independent elevator Washington State, with hourly shipping largest exporter of grain; Continental was the operator could achieve success in such a capacity of around 3,000 tons and storage second largest. Illinois-based Archer Daniels concentrated market? capacity of about 50,000 tons. It also plans Midland, another large grain company, had ‘‘Throughput Arrangements’’ High Costs to increase storage capacity to 90,000 tons by earlier expressed interest in the facility, Discourage Competition the end of 2000. according to Port of Seattle officials, but Yet Cargill spokeswoman Lori Johnson said spokesmen for the company refused to The Department of Justice’s willingness to the Justice Department was concerned that comment.’’ use ‘‘throughput agreements’’ as part of its her company would have too much business Cargill/Continental divestiture order has concentrated in the Pacific Northwest Banking on the Futures received sharp criticism from Dan McGuire, because of Continental’s leasing of the The issues of concentration in the grain a member of the American Corn Growers Tacoma grain-storage facility. ‘‘We fought the trade, even prior to the Continental purchase Association and the Nebraska Farmers Justice Department; not to include Seattle,’’ by Cargill was promising to become a major Union. said Johnson. ‘‘We still need to sit down with issue in the year 2000, when new delivery ‘‘Our department,’’ he said, ‘‘will take a Port officials and talk about the options and terms take effect for the Chicago Board of close look at this proposed merger. It is our make it work for everyone,’’ she said. ‘‘But Trade’s (CBOT) corn and soybean futures job to further competition in private business we do have an obligation under the lease.’’ contracts as Toledo, Ohio, will cease being a and industry, and if we allow Samson and According to the DofJ’s divestiture order delivery point for the CBOT contracts, and Delilah to merge we may be doing the the Seattle port elevator may enter into a delivery points will instead be clustered up consumer a disservice.’’ Standard Throughput Agreement with and down the Illinois River where a large The chairman of Samson protested Cargill, or any joint venture involving the portion of grain facilities, on the northern vigorously that merging with Delilah would Tacoma elevator to which Cargill is a party portion of that river, are owned by Cargill or not stifle competition, but would help it. (the ‘‘Cargill Joint Venture’’), provided that: Continental, and likely will be combined. ‘‘The public will be the true beneficiary of (1) The Acquirer has no interest in Cargill or In its ‘‘Complaint’’ the DofJ stresses that by this merger,’’ he said. ‘‘The larger we are, the the ‘‘Cargill Joint Venture’’; (2) the consolidating the Cargill and Continental more services we can perform, and the lower throughput agreement gives Cargill or the river elevators on the Illinois River, their prices we can charge.’’ ‘‘Joint Venture’’ no more rights concerning proposed transaction would concentrate The president of Delilah backed him up. the operations of the facility than are approximately 80% of the authorized ‘‘In the Communist system the people don’t commonly granted to sublessees in Standard delivery capacity for settlement of Chicago have a choice. They must buy from the state. Throughput Agreements; and (3) Cargill or Board of Trade corn and soybean futures In our capitalistic society the people can buy the ‘‘Cargill Joint Venture’’ obtains contracts in two firms. ‘‘This concentration,’’ from either the Samson or the Delilah continuing rights to move no more than 8.5 they emphasize, ‘‘would increase the Company.’’ million bushels of grain and oilseeds likelihood of price manipulation of futures ‘‘But if you merge, ’’ someone pointed out, combined in any given month through the contracts by those firms, resulting in higher ‘‘there will be only one company left in the Seattle port elevator. risks for buyers and sellers of futures United States.’’ ‘‘Moreover,’’ the Justice Department states, contracts.’’ ‘‘Exactly,’’ said the president of Delilah. ‘‘the United States must be satisfied, in its For farmers like Floyd Schultz who ‘‘Thank God for the free enterprise system.’’ sole discretion, that any Standard currently transports his grain by truck just The Anti-Trust Division of the Justice Throughput Agreement that may be four miles to Lockport, Illinois where he can Department studied the merger for months. negotiated between Cargill or the ‘Cargill choose between Cargill and Continental grain Finally the Attorney General made this Joint Venture’ and the Acquirer of the Seattle terminals, sitting side by along a canal ruling. ‘‘While we find drawbacks to only port elevator: (1) Would leave the Acquirer leading to the Illinois River, the proposed one company being left in the United States, with sufficient capacity for it to be a viable merger of the two grain companies will leave we feel the advantages to the public far and effective competitor for the purchase of the nearest competitor an Archer Daniels outweigh the disadvantages.’’ corn and soybeans in the Pacific Northwest Midland terminal 30 miles and another 10 ‘‘Therefore, we’re making an exception in draw area; and (2) would not adversely affect cents a bushel in shipping costs away. While this case and allowing Samson and Delilah the Acquirer’s ability or incentives to Cargill could lower its prices and improve its to merge.’’ compete vigorously for the origination of margins, he notes, ‘‘we as farmers would be ‘‘I would like to announce that the Samson corn and soybeans in the Pacific Northwest the ones who pay.’’ and Delilah Company is now negotiating at draw area, by raising the Acquirer’s costs, In Marvin Hayenga and Robert Wisner’s the White House with the President to buy lowering its efficiency, or otherwise 1998 study, ‘‘Cargill’s Acquisition of the United States. The Justice Department interfering in the ability or incentive of the Continental Grain’s Grain Merchandising will naturally study this merger to see if it Acquirer to compete effectively.’’ Business,’’ (see above), the authors obvious violates any of our strong anti-trust laws.’’ The DofJ notes, however, that Cargill need area of concern at that time was the northern August 30, 1999. not divest the Seattle port elevator if it does section of the Illinois River. They noted at Department of Justice, Antitrust Division, San not buy, lease or otherwise acquire an the time that even if the Continental sale to Francisco Office. interest in Continental’s port elevator at or Cargill was approved, ADM will remain the From: Riley Lewis (Forest City, Iowa) near Tacoma, Washington. largest firm on the river, controlling 36% of Sent: Wednesday, June 23, 1999 6:52 AM If another firm, however, acquires the storage space. To: WEB JPR Tacoma port elevator pursuant to a right of Faced with such a situation Sid Love, Subject: Cargill-Continental Merger first refusal (and Cargill retains the Seattle analyst with Joe Kropf & Sid Love Consulting As your dept. dwells on the merger- port elevator), Cargill shall not subsequently Services in Overland Park, Kansas, told the acquisition of Continental Grain by Cargill I purchase or lease the Tacoma port elevator. Wall Street Journal that he regrets the would like to comment as a 5th Generation If another firm acquires the Tacoma port possible departure of Continental from the Iowa farmer on the merits. I am against it—

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Grain bids are our income individually. Look at Roosevelts monument remaining grain trading companies and competition just as we sell hogs to three and DC and read the words. It will help you packers makes better bids. In a small town understand why the Cargill-Continental purchasing corn, soybeans, and wheat in nearby there where two aggressive shoe merger can go on. these markets will engage in anticompetitive stores five years ago—people come from big I request you stop all mergers including the coordination to depress farm prices.’’ cities to buy brand name shoes at competitive co-ops. They are big business and have Using the Department of Justice’s own bids—then one year the owner of one store forgotten about the patrons who built them. figures and criteria, we see in its died with no heirs and the store closed. The Rick Lundebrek, ‘‘Complaint’’ that even before this announced other raised his bids for shoes and within Township Officer, Benson, Minnesota 56215. purchase the U.S. grain trade was already two years he went out of business as business dominated, if not monopolized, by Cargill. went to a larger town. Great example of what First Security Bank Nothing in the Department of Justice’s ‘‘Final competition does and here as your good Judgment’’ addresses itself to that issue. producer we need competition—not mergers! September 21, 1999. Roger W. Fones, The Department of Justice must consider Thank you. Chief of Transportation, Energy and more than the grain-buying operations of Riley Lewis. Agriculture Section, Anti-Trust Division, Cargill. Acquisition of Continental’s seventy U.S. Department of Justice, 325 Seventh October 11, 1999. elevators will enhance the economic power St. NW, Suite 500, Washington, DC of Cargill. This concerns farmers, because Mr. Roger W. Fones, 20530. Cargill stands out as a top-four firm in beef Chief, Transportation, Energy and Dear Mr. Fones: How can you let Cargill and pork packing, cattle feedlots (where Agriculture Section, Anti-Trust Division, and Continental Merger. The marketing is so Continental is the largest), broiler and turkey U.S. Department of Justice, 325 Seventh concentrated already. Cargill is dominating production, animal-feed plants, grain- Street, N.W., Suite 500, Washington, DC the full chain: Seed, fertilizer, chemical, 20530. banking, end process, meat industry, meat elevator capacity, flour milling, dry corn milling, wet corn milling, soybean crushing, FAX: 202/307–2784 packing. This is ANTI-TRUST. Please stop it now. and ethanol production. This dominant Dear Mr. Fones: I am writing to request that position across wide-ranging agricultural you conduct further investigation of the Sincerely, markets will allow Cargill to transfer Cargill-Continental Grain sales and that you Vice President, resources between sectors according to the extend the comment deadline for another First Security Bank, 215 13th St. So. Benson, economic conditions prevailing at a given sixty days. Minnesota 56215. Are you aware of what the creation of a time. larger monopoly will do, not only to grain The family farmer is who I work with. The ability to transfer assets will allow farmers in this county, but also to all They can’t believe this has happened in Cargill to maintain its dominant status in all consumers? America. They look at Cargill like a sleeping of these markets irrespective of its Monopolies always create higher prices for giant. competitive prowess. Farmers are forced into the consuming public. They create even September 24, 1999. bankruptcy after a few bad seasons, but lower prices for those who must sell their Judge Gladys Kessler, Cargill will maintain its dominant status over commodities to the monopolies. Grain prices U.S. District Court for the District of time, regardless of economic performance are already far below break-even. Columbia, 333 Constitution Ave. N.W., over the short term. With Continental’s Farmers are going broke in our state at an Washington, D.C. 20001. assets, Cargill will become an even more alarming rate, Across the U.S. farm income Re: United States of America v. Cargill, Inc. powerful firm, even more capable of is down by 70%. Depressed prices are and Continental Grain Company ruining not only farmers but all small-town strategic, cooperative, and anti-competitive businesses. I urge you to conduct a more Dear Judge Kessler: Presently before you behavior. thorough investigation into the Cargill/ awaiting your approval is a ‘‘Final Judgment’’ In the name of economic and social justice Continental Sale before submitting to final filed by the U.S. Department of Justice and the preservation of the family-farm judgment on this. relative to the purchase of the grain system of agriculture in the United States, we Please give my request your serious merchandising division of Continental Grain urge you to recommend that the Department Co. by the Cargill Corp. consideration. of Justice withdraw its ‘‘Final Judgment,’’ Legal precedent, according to the Sincerely, Department of Justice, requires that ‘‘the study in far greater detail this ill-advised sale, and carefully consider the grave anti- Todd Lewis. balancing of competing social and political interests affected by a proposed antitrust trust issues it presents with dire September 21, 1999. consent decree must be left, in the first consequences to both producers and Roger W. Fones, instance, to the discretion of the Attorney consumers of our food supply. Chief of Transportation, Energy and General. The court’s role in protecting the Sincerely, Agriculture Section, Anti-Trust Division, public interest is one of insuring that the U.S. Department of Justice, 325 Seventh government has not breached its duty to the Muriel Marvin, St. NW, Suite 500, Washington, D.C. public in consenting to the decree. The court 20530. is required to determine not whether a Lawrence Marvin, Dear Mr. Fones: Please stop the Cargill particular decree is the one that will best Continental Merger. Cargill is so big already. serve society, but whether the settlement is Placerville, CA 95667. They are in the seed, banking, fertilizer, ‘within the reaches of the public interest.’ ’’ Dear Attorney General Reno: I am writing chemical business. They manipulate the In its July 8, 1999 ‘‘Final Judgment’’ we to you to express my deep concern with the markets for cheap grain. They are in the believe the Department of Justice has feeding business. They own packing plants. ‘‘breached its duty to the public in giant agriculturer marketer Cargill and its’ What happened to our Anti-trust to stop all consenting to the decree’’ and that its ‘‘Final agriculture anti-trust actions when it this. It is ruining the township and county Judgment’’ is not ‘‘within the reaches of the concerns small farmers in this nation. There rural life. They do not do business locally. public interest.’’ should be an immediate investigation to see They are giving mega bucks to the As the Department of Justice’s own if Cargill is violating anti-trust laws. University of Minnesota to have the do ‘‘Complaint’’ states, the Cargill purchase Thanks for your time.

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Sincerely, Roger W. Fones, to do so and mainly focus on the human Jerome McCollom, Chief, Transportation, Energy and element involved. I want you to know how Agriculture Section, Antitrust Division— this will affect me and my community and Department of Justice, August 30, 1999, U.S. Department of Justice, 325 Seventh hundreds of thousands like myself and their Antitrust Division, San Francisco Office. Street, N.W., Suite 500, Washington DC communities across this country. Alta Vista, KS 66834 20530. I am a farmer from Northeast Missouri. I October 8, 1999. Dear Mr. Fones: Antitrust legislation is in wish I could tell you that the proposed Roger W. Fones, place to protect consumers and competitors acquisition would leave me with one fewer Chief, Transportation, Energy & Agriculture against a company dominating the market choice when it came time to market the grain Section, Antitrust Division, U.S. and taking unfair advantage. For that reason, I raise. I can not make that claim as there is Department of Justice, 325 Seventh I object to the Cargill purchase of no Continental elevator in my area. I wish Street, N.W., Suite 500, Washington, D.C. Continental’s grain operations. This purchase there were because then my choices of 20530, FAX: 202–307–2784. would move Cargill from the category of elevators would almost be double what they now are. I say almost because I have one Dear Mr. Fones: Please do not approve dominator to the category of terminator of corporate mergers and buyouts such as everyone else. soybean processor (ADM) who normally pays Cargill with Continental Grain or Smithfield When I hear that the Cargill/Continental 7–10 cents more that their competitor (?), Foods with Murphy Farms and Tyson Food’s sale is in your hands, I hope that you will Bunge, who does not process soybeans at Pork Group. I believe such mergers and consider the impact on rural communities of their location. It is reversed for corn and buyouts serve to weaken American national this merger. I have had the chance to see wheat as Bunge outbids ADM by substantial security by forcing reliance upon foreign these big players operate firsthand. I live margins on these two crops 90% of the time. markets rather than promoting a sound across the road from a Cargill hog operation. Thus you can see why I would welcome domestic agriculture production and delivery The arrogance of these corporate fellows is another elevator, regardless of who owns it. system. astonishing. Making these guys more Following are some of my reasons for While capitalism favors competition, such powerful would be another nail in the coffin opposing the merger: mergers and buyouts represent the same for diverse rural communities like mine. 1. This area of northeast Missouri, west command and control favored by When independent operators are put out of central Illinois, and southeast Iowa are all communism. Totalitarian food production business by big operators, as has happened part of a captive draw area for ADM in and delivery systems have failed in all in my community, everybody suffers. The regards to soybean purchases. As recently as nations where they were the dominant markets have already gotten so concentrated 10 years ago this tri-state area had no less system. Why would Americans believe such that an out-of-favor producer can be cut off than 4 competitive bidders for soybeans. Two a system could work here? We use food and from being able to make a living. The big processors, ADM and Quincy Soybean Co., medicine as a political tool with nations operators create environmental disasters that and two river terminals, MFA Incorporated reliant on imports. Do we truly wish to open are impossible to regulate. When regulators and Bunge. All of the soybeans purchased at our own country to similar political get involved, they are ignored or tied up in the small country elevators eventually ended leveraging? court. up being sold to one of these 4 purchasers. The merging of Cargill and Continental Consumers are hurt by this concentration, Within the last 10 years ADM has purchased Grain will not favorably improve grain prices too. Consumers suffer from price-fixing and Quincy Soybean Co. and Bunge has bought for farm producers. As farm stability from lack of choice in the marketplace. out MFA Inc.’s river terminal. That leaves the weakens, so does it’s surrounding National policy has made corporations area where we are today with ADM and a community. As communities lose their more powerful, and this needs to stop. These non-competitive Bunge. I know first hand economic base, they lose their ability to big operations do not treat producers like what a lack of competition means when it is adapt to fluctuations of market, economy and independent businessman. Instead, they are time to sell my crops. social unrest. paid as little as possible while keeping as 2. I use the Chicago Board of Trade to Through the past decades, we have seen a much as possible in the corporation. This hedge my grain. I do not pretend to be an reduction in the number of industry hurts us all. expert on the operation of the board but it competitors of steel, auto and textile Please do all you can to stop this merger. concerns me when one firm will control 80% manufacturing as well as food and fiber Sincerely, of the delivery points for futures settlement. production. The reduction to a few industry I have read that this could lead to giants has given the impression of reduced Margot Ford McMillen manipulation of futures contracts. consumer prices and strong economy. Sept. 27, 1999. 3. The United States agricultural However, such mega-corporations are not I am very much opposed to the Cargill- community has been caught up in a frenzy flexible. Labor problems, interest rates, continental merger. Can’t anyone see what is of mergers and buyouts. This may be the consumer choice, environmental impact, and happening? Going big is not better—look weakest argument to make legally, but it is many other factors can result in massive what is happening to our schools, our little the strongest from the human element employee lay-offs, plant closings, towns etc.—look at our grain prices now—the standpoint. This merger, like most of those unmanageable pollutants, labor strikes, farms are all getting too big—soon there will before, is really a double edged sword. One unstable housing, overburdening of be only a few farms left in each county— side of the blade cuts out the inefficiencies community services and other negative please use some common sense in this of smaller entities when they increase impacts that are too great for the community situation! economic size. The other edge cuts the fabric to effectively handle. of Rural America. Each business we lose, be I believe in world trade, competitive trade Darlene Milbreadt, it a elevator, seed company or machinery with choice and options rather than singular Echo, MN 56237. manufacturer lessens competition among avenues. I support the government use of September 28, 1999. those who we do business with. This anti-trust laws when corporate mergers and lessening of competition drives up cost takeovers threaten the competitive edge of all Mr. Roger W. Fones, which in turn drives producers from America for the sake of exorbitant short-term Chief, Transportation, Energy & Agriculture business. gain for relatively few beneficiaries. Thank Section, Antitrust Division, United States It is extremely difficult for anyone not in you for your consideration. Department of Justice, 325 Seventh the rural areas of the Midwest to fully Sincerely, Street N.W., Suite 500, Washington, D.C. understand rural infrastructure. I live near a 20530. Carissa McKenzie town with a population of 2700. This size Re: United States of America v. Cargill, Inc. community, like thousands across this Westminster College and Continental Grain Company country, depends upon farmers and ranchers Dear Mr. Fones: I am writing to express my to provide a large portion of the fuel for their 501 Westminster Avenue, Fulton, Missouri opposition to Cargill Inc. purchasing the economic engines. Consolidation is killing 65251–1299, 314 642–3361 grain division of Continental Grain Co. I will rural America. Will stopping this merger or October 1, 1999. leave the technical analysis to those qualified any other single acquisition reverse this

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They are farming land down in raise animals and grow crops and low prices courage and insight to do just that. South America and paying the locals $250.00 they’re being offered for their livestock and Sincerely, per month. They are glad to farm down there produce. because there is no infrastructure there. Do Here in rural Mendocino and Sonoma Keith G. Mudd we want this to continue. counties, in Northern California, beautiful The grain marketing now is so Roger W. Fones, old apple and pear orchards are being bought concentrated. They are in the livestock Antitrust Division, U.S. Department of from family farmers and then razed at a business as well. They own the packing Justice, 325 7th St. NW, Suite 550 frantic price by investment corporations plants. Please look into these problems. They Washington, D.C. 20530. anxious to plant vineyards, the money- concentrate animals in large numbers. Look making crop of the moment. Other local ag October 9, 1999. at the livestock in the large hog operations in producers and ranchers are finding the costs Dear Sir: Please consider this letter North Carolina. We are going to pay for all of farming and raising livestock too high to regarding the Cargill Continental merger very this concentration. resist the pressure to sell off their land for carefully. Rural Areas need help from people like vineyard conversions or rural residential Cargill, a company from my state of you. We need to have the anti-trust laws subdivisions. Minnesota, has been ruthless in dealing with enforced. When Cargill Owns the Food It is our government’s duty to prevent any farmers and small businesses. They practice Policy we will PAY. more mergers that further increase the costs buying the narrow point in the pipeline and Sincerely, to American family farmers. America needs using that position to control and dominate to grow its own food. Putting agriculture in the industry. David Olson the hands of international corporations I have personally experienced this when I instead of the family farmers—as seems to be sold three ship loads of corn to the Egyptian Lei ‘Ohu Farm happening more and more rapidly—is a feed millers in 1995. The corn was to be social and environmental disaster. loaded to Egyptian ships at the port of 46–3615 Kahana Drive, Ahualoa, Honokaa, Duluth. Cargill would not load it and the deal Hawaii, Phone: (808) 775–9473 Thank you. fell through. The same scenario happened at FAX TO: Mr. Roger W. Fones, (202) 307– Jennifer Poole, the Port of New Orleans to the N.F.O. 2784 Willits, CA 95490, Mendocino County. This summer Cargill was bidding 20 cents FAX FROM: Glenn Oshiro above Chicago for corn delivered by rail to FAX #: (808) 775–9473 Mon., Oct. 11, 1999. Duluth, however Cargill had booked all the DATE: October 11, 1999 From: ‘‘Mike Callicrate’’ rail cars so independent elevators could not Re: Cargill, etc. To: same commodity was 20 cents under on the Cargill Continental Grain matter. This Date: Mon., Oct. 11, 1999, 12:22 PM Chicago. Thus Market Domination. is the first day I’ve heard of your Subject: [HeartbeatUSA] last day for This merger would give Cargill control of deliberations, and I consider myself to be comment on Continental-Cargill merger most of the major ports and loading facilities well informed. My business calls for me to Consumers, family farmers, small-town on the U.S. and thus control of the movement be in touch with small farmers and ranchers. business owners: Today, October 11, is your of grain and other commodities in the U.S. As you can imagine, this is ongoing and last chance for public comment on the It is not wise or in the best national interest intensive being that there are few consistent creation of the world’s largest food to allow one company to control this much means to reach the small producer, e.g. there monopoly. It is the merger of Cargill and of the food supply of the United States of are few, if any, umbrellas that cover small Continental Grain. Its effect will be to raise America. farmers and ranchers. Much of what I do to consumer prices and reduce the earnings of Sincerely, attract the attention of my clients is word of already-hurting family farmers and small Winton Nelson, mouth, one on one. businessmen. Monopolies always hurt the While I’m not suggesting that you solicit Darwin, MS 55243, 320–693–7966. consumer by destroying competition. responses from small producers individually, You may register your objections to the September 21, 1999. more time is necessary for word of the public above deal simply by faxing the Chief of comment period to reach small producers. Roger W. Fones, Transportation, Energy and Agriculture I am a farmer, business person, and Section (Mr. Roger W. Fones) at the following Chief, of Transportation, Energy and stockholder. Agriculture Section, Anti-Trust Division, Fax number: 202/307–2784. U.S. Department of Justice, 325 Seventh Glenn S. Oshiro, Use a simple, brief message like the St. NW, Suite 500, Washington, D.C. Buy from the Farmer. following: 20530. ‘‘Please conduct a more thorough Dear Mr. Fones: Please stop all these big September 18, 1999. investigation into the Cargill/Continental corporate mergers. This is to stop the Cargill- Judge Gladys Kessler, Grain sale before submitting a Final Continental Merger as well as all large Ag U.S. District Court for the District of Judgment on the matter. Please extend the corporate Mergers. Last winter in Texas in Columbia, 333 Constitution Ave., N.W., public comment period for another sixty one county alone Cargill was feeding 83,000 Washington, D.C. 20001. days.’’ head of beef feeders. Two miles away Re: United States of America v. Cargill, Inc. Public comment period officially closes Continental was feeding 83,000 head. This and Continental Grain Company tomorrow. Fax your message today. has got to stop. They purchased alot of these Dear Judge Kessler: After reading that the [email protected] cattle cheap from the drought in Texas and Department of Justice itself has admitted that As states above. so forth. They purchased all the cheap feed the Cargill purchase of the Continental grain manipulated by their marketing. Look into it division would ‘‘substantially lessen Rae Powell yourself as they made mega bucks on the competition for purchases of corn, soybeans, Amanda Bray meat division. All this is ruining the family and wheat in each of the relevant geographic farmers. This is also ruining rural areas. markets, enabling it unilaterally to depress October 9, 1999. Farmers spend their money locally. Cargill is the prices paid to farmers,’’ I can only urge Roger W. Fones, in the seed, fertilizer, banking, chemical you to put a stop to it. This purchase is not Chief of Transportation, Energy and business. They do not support local areas at in the public interest. Agriculture, Anti Trust Division, U.S.

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Department of Justice. please disapprove this merger on the grounds elevators or at the Chicago Board of Trade. Dr. Fones: I urge you to Conduct a more that with the merger-mania of the past 20 Now comes a point of jeopardy which we Complete investigation into the sale of years, the agricultural industry has become perceive exists in one small portion of the Cargill-Continental Grain, before submitting a so concentrated that there is no free market. divestitures listed in the final judgment of final judgment. Both the meat-packing plants and grain the civil action claim filed under Section 7 Farm income in the United States is down companies have gained a dangerous of the Clayton Act, as amended (15 U.S.C. by 70%. stranglehold on U.S. food production and 18). Depressed prices are running farmers and prices. Shouldn’t our anti-trust laws protect I respectfully refer to Page 2, of the Final small town business people. the people from such monopolies? Judgment (Definitions) Paragraph F, Please delay the Comments deadline for Eventually, even our farmer co-ops will ‘‘Caruthersville river elevator‘‘. Although this another 60 days. have little influence in agriculture when they elevator has a mailing address of Route 1, I appreciate your consideration. are up against such giants. Caruthersville, MO 63830, it is known locally as the Cottonwood Point facility, which is Sincerely, It is probable that thousands of family farmers will be going out of business this located 10 miles south of Caruthersville, near N. Ramsey, year—a tragedy for their families and for the the Arkansas border. The nearest town and Mesquite, TN 75150. nation. For the most part their only postoffice is Cooter, Missouri, three miles customers are the corporation giants which west. A modern bridge crossing to Tennessee September 22, 1999. can name their own price—way below the along Interstate 155, leads to other elevators Dear Mr. Roger Fones: The merger of cost of production, and the result of the over- (within sight of the Continental elevator at Cargill & Continental Grain Co. Is a major concentration in the agricultural industry. Cottonwood Point). We have no trepidation concern of ours. This merger will take away What safeguards are in place to make or fear of monopoly practices from Cargill, our market freedom. Already we are hurting certain that food will continue to be which has an elevator at New Madrid, because to few people control our markets affordable if family farms become a thing of Missouri 45 miles to the north. The present and tell us what they will give us and we the past? fear is that one of the largest members of the have to take it. Please use our anti-trust laws to protect all International Grain Cartels is interested in I always believed the anti-trust laws were Americans. purchasing the Continental facility at to protect the little man but it seems like no Cottonwood Point. We learn that Bunge Sincerely, one abides by them any more and they just Grain Company may have entered into find ways to go around them. We know that Lois Schank negotiations to purchase the Continental it is not fair! Cargill is already one of the top elevator, which would pose a definite lack of 4 firms in beef, pork, turkey, chicken, corn, Clyde Southern competition for local grain farmers in their soybean and production in merger would just Steele, MO 63877. choice of port outlets in the area. The make these more powerful. proximity of current Bunge elevators in our Thank you for reading this, July 23, 1999. area of operation could artificially depress The Honorable Judge Gladys Kessler, Mrs. Jan Richardson the prices offered for our grain. U.S. District Court, District of Columbia, 333 • Nearby—Bunge has an elevator at A copy has also been sent to Attorney Constitution Ave., NW, Washington, D.C. Caruthersville (10 miles), one at Huffman, General Ken Salazor. 20001. Arkansas (8 miles), one at Booths Point September 18, 1999. Civil Action #991875 Filed 7–8–99. (across the river in Tennessee at the Interstate Judge Gladys Kessler, Dear Judge Kessler: I write to you as a Bridge—15 miles), and one at Heloise U.S. District Court for the District of second-generation farmer located in the directly across the river in Tennessee within Columbia, 333 Constitution Ave. N.W., Missouri Bootheel area, along the Mississippi eyesight of Continental. Washington, D.C. 20001. River at the juncture of Missouri, Arkansas • If Bunge purchases Continental at Re: United States of America v. Cargill, Inc. and Tennessee. My family is primarily Cottonwood Point, this would given them a and Continental Grain Company engaged in the production of soybeans, total of seven elevators along the river within Dear Judge Kessler: Presently before you wheat, corn, and rice and we have a fifty-mile distance. awaiting your approval is a ‘‘Final Judgment’’ experienced the great advantage of river It is common knowledge locally that other filed by the U.S. Department of Justice barge transportation of our farm produce for large grain trading facilities are interested in relative to the purchase of the grain many years. We like to think that we purchasing the Continental facility at merchandising division of Continental Grain contribute to the prosperity of our nation by Cottonwood Point. Cargill would probably Co. by the Cargill Corp. our involvement in international trade, not to provide trade opportunities without restraint In the name of economic and social justice mention our bountiful production that has of trade in the area, and of course we would and the preservation of the family farm alleviated hunger and starvation throughout be happy to see Continental remain at its system of agriculture in the United States I the world. current location and with the same urge you to recommend that the Department The above civil action involves the ownership. of Justice withdraw its ‘‘Final Judgment’’, Continental Grain Elevator which is located However, we would like to offer one caveat study in far greater detail this ill-advised sale at Cottonwood Point (a historic ferry in regard to the selection or location of any and carefully consider the grave anti-trust crossing), some ten miles south of our county grain-trading firm at the current Continental issues that it presents and the dire seat at Caruthersville, and within a couple of Cottonwood Point site. The owners and consequences to both producers and miles of Arkansas. We have been privileged operator must be large enough to trade and consumers of our food supply. to sell grain to all of the grain elevators offer strong competition in the International Sincerely, within this area, and conditions have always trading arena. It would likely be impossible been amicable. In this flat alluvial valley, we for a small independent grain elevator to Howard H. Sargent, can see many of the elevators along the river, offer competitive prices to local producers if Consumer, Boulder, CO 80303. and the Continental Storage Tanks are within it did not have the ability to compete and sight of our farm. trade in a worldwide arena of International Central City, NE 68826 I certainly agree with Joel Klein’s statement trade. Sept. 26, 1999. in the Attorney General press release, which During this critical time of agriculture Department of Justice, states ‘‘This enforcement action demonstrates stress, it is imperative that we continue to United States Government, Washington, D.C. the Department’s commitment to preserve have strong competition and fair prices for 20510. competition in agriculture.’’ Over the years I producers in our area. Therefore, we strongly ATTN: Dept. for Comments on proposed have seen significant improvement in insist that Bunge Grain should not be Cargill-Continental merger competition along the river, and producers in allowed to purchase the Continental Grain Dear Sirs: I am writing to voice my concern other parts of the nation are envious of the facility at Cottonwood Point, thus creating a on the proposed Cargill buyout of prices we receive on the spot market and the near monopoly situation which would Continental Grain Co. I would ask you to ability to book a favorable basis at local invalidate the current anti-trust action.

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Sincerely, everybody else’s wages increase with the Section, Antitrust Division, US Department of Justice, 325 Seventh Clyde Southern years. Not ours! Look at rural America’s communities. Street, NW, Suite 500, Washington, DC October 12, 1999. Their livelihood depends on what the farmer 20530. Mr. Tom Miller, buys in town. There are many vacant stores Dear Mr. Fones: I WISH TO REQUEST Iowa State Attorney General, Hoover State in rural America. When the farmer doesn’t THAT YOU GRANT FURTHER Office Building, Des Moines, Iowa. have money, he stops buying everything but CONSIDERATION TO THE PROPOSED Re: Cargil-Continental Grain Merger the bare necessities. It will trickle to the big CARGILL AND CONTINENTAL GRAIN cities eventually. Think depression! It’s SALE. PLEASE GRANT A SIXTY DAY Dear Mr. Miller: As a graduate of one of the already here in rural America. finest Universities in the middlewest, Iowa COMMENT PERIOD EXTENSION AS I The U.S. Department of Justice needs to KNOW THAT MANY PEOPLE DID NOT State at Ames, with a major in soils and a further investigate this merger and stop it! COMMENT AS THEY WERE MADE TO minor in Agricultural Economics, I strongly Also extend the deadline for comment and BELIEVE BY MEDIA PRESENTATIONS urge you to vote NO for this merger. This really get out in the rural communities and THAT IT WAS A ‘‘DONE DEAL.’’ merger will dictate less market choices for on the farms. See and listen to what its really Please conduct a more thorough farmers, large and small alike. Today, a like. Feel the hopelessness and pain! investigation and abide by your requirements bushels of corn, (56 pounds of beautiful raw What can the government do? Show us you to give all facets of the matter due protein) will not buy a cheap hamburger in care and stop this merger. Investigate who or consideration. Thank you for your attention many restaurants. This merger, IF what is really controlling the market. It’s not to the issue and your service to all the APPROVED, will lower the farmer’s share of the farmers who work so hard to feed the American public. We would not wish to the retail market even still more. people! believe the allegations that such a takeover Following my senior year at Iowa State, I Sincerely, with extremely grave consequences for took advantage of the long established ISU farmer and the consuming public would not Ag. travel trip. It was a 10,000 mile Ellen Stebbins have your serious evaluation. accredited trip visiting areas in Detroit, Washington, D.C., Gainsville, Austin, and Pennack, MN 56279 With sincere respects, Denver. With four major stops per day, we October 6, 1999. Dr. Frankie M. Summers studied crops, soils, and we also visited with Roger W. Fones farmers and ranchers along the way. One Chief of Transportation, Energy And Greenwich, NY 12834 very interesting stop was along the lake area Agriculture Section, Antitrust Division, October 4, 1999. in Michigan where a overseas grain buyer/ US Dept of Justice, 325 7th St., NW, Suite Judge Gladys Kessler, shipper was located by the name of Spencer. 550, Washington, DC 20530. U.S. District Court for the District of (No relation to me). I would like to see our Dear Mr. Fones: As a retired owner of a 160 Columbia, 333 Constitution Ave. NW, Washington, DC 20001. government encourage the escalation of these acre farm, my first interest is in farming and small shippers. This would increase I am writing to protest the Cargill-Continental Re: United States of America v. Cargill, Inc. competition and help the family farmer win merger. Why are these big companies and Continental Grain Company a fairer share of the consumer’s food dollar. allowed to merge? Many years ago when I Dear Judge Kessler: Presently before you Please vote no for the merger of giant self was in school there were antitrust laws to awaiting your approval is a ‘‘Final Judgment’’ serving corporations like Cargil and prevent monopolies. It seems that filed by the U.S. Department of Justice Continental. monopolies are now allowed so that among relative to the purchase of the grain Sincerely, others, farmers have no say in setting prices merchandising division of Continental Grain on their products. Co. by the Cargill Corp. Lyle D. Spencer, Monopolies are not only bad for farmers, Legal precedent, according to the Goldfield, Iowa. they are bad for telephone users, cable to Department of Justice, requires that ‘‘[t]he balancing of competing social and political Blooming Prairie, MN 55917 users, medical services and huge grocery interests affected by a proposed antitrust September 28, 1999. store patrons. I think it is time to bring all consent decree must be left, in the first Mr. Roger W. Fones, of this to a stop. instance, to the discretion of the Attorney Chief, Transportation, Energy & Agriculture Please do what you can to help farmers. General. The court’s role in protecting the Section, Antitrust Division, U.S. Sincerely, public interest is one of insuring that the Department of Justice, 325 Seventh St. Eleanor Stehieg government has not breached its duty to the NW Suite 500, Washington, DC 20530. public in consenting to the decree. The court Dear Sir: The merger of Cargill and Stockton Ranch is required to determine not whether a Continental Grain Co. is a major concern to Box 182, particular decree is the one that will best the American farmer. This would increase serve society, but whether the settlement is Cargill’s monopoly of the grain trade. Why Grass Range, MT 59032 ‘‘within the reaches of the public interest.‘ ’’ should Cargill be any different than other big October 11, 1999. In its July 8, 1999 ‘‘Final Judgment’’ I monopolies? Isn’t this what anti-trust laws Roger W. Fones, believe in fact that the Department of Justice are for? Chief of Transportation, Energy, and has ‘‘breached its duty to the public in I am proud to be an American farmer. We Agriculture Section, Fax: (202) 307– consenting to the decree’’ and that its ‘‘Final feed the people! This is the most important 2784. Judgment’’ is not ‘‘within the reaches of the occupation in the world! Why can’t we be public interest.’’ Dear Mr. Fones: the merger between Cargill given the respect we deserve? We need fair Clearly, as the Department of Justice’s own and Continental will destroy any vestige of prices at today’s standard of living, not ‘‘Complaint’’ states the Cargill purchase a competitive market for grains. I urge you to yesterday’s! would ‘‘substantially lessen competition for do a more thorough investigation before If this merger goes through, Cargill will purchases of corn, soybeans, and wheat in have even more power to control the farmer’s submitting a final judgment. Also the each of the relevant geographic markets, prices and life. Look at the example of the comment period has been too short for enabling it unilaterally to depress the prices hog farmer. What a shame the small hog farmers to adequately respond to, please paid to farmers. The proposed transaction farmer has been driven to give up. Why do extend it by at least 60 days. will also make it more likely that the few all that hard work to lose money constantly? Sincerely yours, remaining grain trading companies that Prices are already so horribly poor in all Gilles Stockton purchase corn, soybeans, and wheat in these the markets we are hanging on only by the markets will engage in anticompetitive hope things will improve. When? Farmers Lakin, Kansas 67860 coordination to depress farm prices.’’ can’t wait much longer. Farmers work as October 12, 1999. Using the Department of Justice’s own hard as anybody in the world, yet can’t get Mr. Roger Fones, figures and criteria we see in its ‘‘Complaint’’ a fair price for all their hard work. Most Chief Transportation, Energy & Agriculture that even before this announced purchase the

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U.S. grain trade was already dominated, if competition in agriculture markets, (2) own the land and other resources used in not monopolized, by Cargill and nothing in increase the imbalance of economic power production agriculture, yet input and the Department of Justice’s ‘‘Final Judgment’’ favoring agribusiness giants at the expense of production decisions are dictated by CEO’s. addresses itself to that important issue. the farmer, and (3) decrease land and Incentives for conservation of land and other Likewise, the Department of Justice must resource stewardship incentives in the resource are thus lost, and could lead to consider more that the grain buying emerging system. degradation of natural resources. operations of Cargill. The acquisition of Competition is fading in agricultural Furthermore, having land management Continental’s seventy elevators will enhance markets in part because of unprecedented decisions made by people (CEO’s) who are the economic power of Cargill as a general mergers and acquisitions, and in part because not intimate with the land is asking for matter. Such a result concerns farmers of insidious joint ventures, strategic trouble. because Cargill’s assets and economic power alliances, interlocking directorates and Those of us in major poultry production can be deployed across a range of agricultural partial ownership of related agribusiness areas have witnessed contracting for over 30 sectors. firms. These alliances, which are very years. The bottom line is that contract For example, Cargill stands out as a top- difficult to trace, result in a fuzzy web of producers invest one-half of the capital in the four firm in beef packing, cattle feedlots corporations and cooperatives that soften, if industry, yet capture a proportionally much (where Continental is the largest), pork not threaten, competition. In some circles, smaller percentage of the returns. Moreover, packing, broiler production, turkey the alliances are appropriately referred to as contract poultry producers know that if they production, animal feed plants, grain elevator ‘‘corporate incest.’’ speak out against ‘‘The Man’’ (the integrator) capacity, flour milling, dry corn milling, wet As just one example out of thousands of they will be instantly bankrupt. Is this the corn milling, soybean crushing, and ethanol alliances that threaten competition, I would kind of Society we want? production. Such a dominant position across point to a Cargill corn processing plant in Individually, many of the recent mergers, many agricultural markets will allow Cargill Eddyville, IA, which is connected by acquisitions and joint ventures involving to transfer resources between sectors pipeline to a Heartland Lysine plant nearby. large agribusiness corporations may appear according to the economic conditions that are Nearing completion is a Midwest Lysine innocuous. Collectively, however, they are prevailing at a given time. plant located in Blair, NE, which will also be quickly moving us down the road to The ability to transfer assets will allow connected to the Cargill corn processing agricultural feudalism with only a few firms Cargill to maintain its dominant status in all plant. Midwest Lysine is a joint venture controlling much of the world’s food supply. of these markets irrespective of its between Cargill Degussa Corp, while The DOJ appears to assess mergers in terms competitive prowess. Unlike farmers, who Heartland Lysine is owned by the Japanese of horizontal competition, without giving are forced into bankruptcy after a few bad firm, Ajinomoto, of lysine price-fixing fame. adequate consideration to vertical power seasons, Cargill will maintain its dominant Are Midwest Lysine and Heartland Lysine imbalances. status over time regardless of economic going to engage in rigorous competition? I respectfully request that you stop the performance over the short-term. With Hardly. Arrangements such as this do not merger of Cargill and Continental. All Continental’s assets, Cargill will become an appear to be properly considered in DOJ mergers of corporations and cooperatives even more powerful and ‘‘sophisticated’’ evaluations of mergers. alike should be blocked pending a thorough, firm, even more capable of strategic, Perhaps of more concern than softening objective evaluation of whether the frenzy of cooperative, and anti-competitive behavior. competition is the increasing economic mergers, acquisitions and alliances is in In the name of economic and social justice power of giant corporations over farmers. The Society’s best interest. and the preservation of the family farm emerging food system has a few vertically Thank you. system of agriculture in the United States I integrated supply chains like Cargill, in urge you to recommend that the Department which production is increasingly contracted Sincerely, of Justice withdraw its ‘‘Final Judgment,’’ out to farmers. With contract production, C. Robert Taylor, study in far greater detail this ill-advised sale farmers have little economic power and and carefully consider the grave anti-trust continue in farming at the discretion of the ALFA Eminent Scholar and Professor of issues that it presents and the dire supply chain corporations. Supply chain Agricultural Economics. consequences to both producers and corporations can thus extract essentially all To: Mr. Roger W. Fones consumers of our food supply. of the economic profits, leaving the contract Sent: 10/10/1999 at 2:44:56 PM Sincerely, farmer with a subsistence level of income Subject: Cargill/Continental Grain Merger composed of very low returns to management Daniel J. Swartz, and labor. Dear Sir: I respectfully request that you A SEED Europe. Agricultural cooperatives were established conduct a more thorough investigation of the under the Capper-Volstad Act as a way for Cargill/Continental grain sale before Auburn University, Alabama 36849–5406 farmers to horizontally organize to submitting a final judgment on the matter. Please extend the public comment period for College of Agriculture, Department of countervail market (economic) power held by another sixty days. Agricultural Economics, and Rural Sociology, corporations. Unfortunately, the giant 202 Comer Hall, Telephone: (334) 844–4800, cooperatives have drifted from this mission. Sincerely, FAX: (334) 844–5639 Giant cooperatives are evolving to a vertical Janice Urie, structure, run more for the benefit of September 15, 1999. managers that for benefit of the farmer Rt. 1, Box 28B, Lakin, KS 67860. Mr. Roger W. Fones, members. At best, the farmer member is Chief, Transportation, Energy & Agriculture October 11, 1999. relegated to the position held by a minority Section, Antitrust Division, United States Dear Sirs: I want to strongly oppose the stockholder in a corporation. At worst, the Department of Justice, 325 Seventh proposed merger of Cargill and Continental farmer member is a minority stockholder that Street N.W., Suite 500, Washington, D.C. Grain. cannot get his equity out of the corporation 20530. As a farmer from South Dakota we need all until death. the competing entities we can get it called Re: United States of America v. Cargill, Inc. Cooperatives have formed hundreds of and Continental Grain Company capitalism! alliances and joint ventures with the giant No No No Dear Mr. Fones: I am writing to state my corporations like Cargill. For example, Cargill opposition to Cargill’s acquisition of has a 50–50 joint venture with Delta Growers Sincerely, Continental Grain Company. My opposition Association, a Cooperative. Deals like this James H. Peht, is based not on disapproval of either Cargill have the potential for a subtle ‘‘co-opting of Keldion, SD 57634. or Continental as individual firms, but on the co-ops’’ by corporations. Thus, in my merger as it relates to the reorganization of opinion, many of the existing cooperatives October 11, 1999. global agriculture that is unprecedented in should not be viewed as countervailing Mr. Roger W. Fones, terms of size and speed. corporate power. Chief, Transportation, Energy and My objections to this merger are that it In this emerging vertically integrated Agriculture Section, Anti-Trust Division, would: (1) Continue the erosion of supply system, the giant corporations do not U.S. Department of Justice, 325 Seventh

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Street, NW, Suite 500, Washington, DC to buy grain down there to flood the world It’s our responsibility to secure our future for 20530. with more grain. he young people who want to be FAX: 202/307–2784 I know a very reputable grain elevator independent. owner. He is furious with Cargill. He sells his Thank you for reading my letter. Please do Dear Mr. Fones: The purpose of this letter grain to loading facilities on the river. He is is to request that you conduct further the right thing. faced to sell most of his grain to Cargill Sincerely, investigation of the Cargill-Continental Grain because of lack of competition. Cargill treats sale and that you extend the comment this elevator owner very poorly. Cargill close Scott D. Anderson. deadline for another sixty days. at 3:00, which doesn’t allow much time to The creation of a larger monopoly will not haul grain there 70 miles away. There was Mr. Roger Fones, Chief, Transportation, only depress grain prices further in this also a problem with the size of the trucks he Energy & Agriculture, Antitrust Division, US country, but also be detrimental to all uses. They don’t want him hauling there Dept. of Justice, 325 Seventh Street, NW, consumers. anymore. They are simply disrespectful #500, Washington, DC 20530. Monopolies always create higher prices for people. Re: Final Judgment on Cargill’s proposed the consuming public. They create even Farmers could buy chicken manure from a purchase of Continental Grain lower prices for those who must sell their large complex here. Cargill moved in and Dear Mr. Fones: We are very opposed to commodities to the monopolies. Grain prices bought up all the manure and are not this purchase! It will less competition and are already far below break-even. doubling the price for the manure. I am an decrease prices for farmers. This is bad for all Farmers are going broke in our state at an organic farmer. I need to stockpile manure for farmers who are not large agri businesses. We alarming rate. Across the U.S., farm income six months. I called Cargill to see if I could ask you to deny this purchase. is down by 70%. Depressed prices are pick it up myself and they said no. ruining not only farmers but all small-town Cargill also got into the scrap metal Rosie Seymour, businesses. I urge you to conduct a more industry recently. The scrap prices dropped Superior WI 54880 thorough investigation into the Cargill/ to record low levels. Both of our scrap metal Bob, buyers are going out of business in one year. Continental Sale before submitting a final Superior WI 54880 judgment on this. Is there a connection? Please give this your serious consideration. I tried to buy a bag of salt and without the Michael C. Cramey, Sincerely, Cargill name on it. Six out of eight businesses Foxboro, WI 54836 sold Cargill band salt in my town. Connie M. Cramey, Gerald Luin. We heard that other countries get very poor Chaffey Rd, Foxboro WI 54836 Litchfield, MN quality grain from Cargill. These countries would like to try farmer direct to get better Laura Cenley, Roger W. Fones: Please do not let Cargill quality. We’ve tried to do that, but the Superior, WI 54880 merge with Continental. Cargill is the most facilities would not allow that. We need Janice Watten, disliked name in Agriculture. Cargill don’t public facilities. Could the government buy Duluth, MN 55805 respect other businesses. It thinks of Cargill’s Continental Grain? Cargill also has a negative bottom line only. They are making massive impact on government for farmers. Carol Stevens, amounts of money on farmers. In the mean This company is getting too big. It doesn’t Superior, WI 54880 time farmers are making record low profits. respect other people in business. There is a Dear Mr. Roger Fones: As an independent USDA census reports 50% of farmers in the lot of people trying to make a living in this agricultural producer, I strongly urge you to U.S. are making a profit and 50% are not. country. It is unfair to let the big get bigger conduct a more thorough investigation of the They flood the market with livestock. I and the small independents get swept under Cargill/Continental Grain sale. Please extend would rather see farmers produce the the rug. the public comment period for another sixty livestock. Wouldn’t you? When I drive I will not do business with Cargill, and I days. around my county I see empty livestock know many other people who also will not. facilities everywhere. Rural America is It’s time to realize bigness is hurting Sincerely, getting very ugly. It is very depressing. independent business in this country. This is [no signature] Cargill also imports grain into the U.S. making rural US. which floods our markets and this lower our Please think PEOPLE BEFORE MONEY. It’s [FR Doc. 00–4591 Filed 3–23–00; 8:45 am] prices. Cargill is giving up in South America time to regulate how big a company can get. BILLING CODE 4410±11±M

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Part IV

Department of Housing and Urban Development Office of the Assistant Secretary for Community Planning and Development; Federal Property Suitable as Facilities To Assist the Homeless; Notice

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DEPARTMENT OF HOUSING AND assistance providers interested in any NAVY: Mr. Charles C. Cocks, URBAN DEVELOPMENT such property should send a written Department of the Navy, Director, Real expression of interest to HHS, addressed Estate Policy Division, Naval Facilities [Docket No. FR±4557±N±12] to Brian Rooney, Division of Property Engineering Command, Washington Federal Property Suitable as Facilities Management, Program Support Center, Navy Yard, 1322 Patterson Ave., SE, To Assist the Homeless HHS, room 5B–41, 5600 Fishers Lane, Suite 1000, Washington, DC 20374– Rockville, MD 20857; (301) 443–2265. 5065; (202) 685–9200; (These are not AGENCY: Office of the Assistant (This is not a toll-free number.) HHS toll-free numbers). Secretary for Community Planning and will mail to the interested provider an Dated: March 16, 2000. Development, HUD. application packet, which will include Fred Karnas, Jr., ACTION: Notice. instructions for completing the application. In order to maximize the Deputy Assistant Secretary for Special Needs Assistance Programs. SUMMARY: This Notice identifies opportunity to utilize a suitable unutilized, underutilized, excess, and property, providers should submit their Title V, Federal Surplus Property Program surplus Federal property reviewed by written expressions of interest as soon Federal Register Report for 3/24/00 HUD for suitability for possible use to as possible. For complete details assist the homeless. concerning the processing of Suitable/Available Properties FOR FURTHER INFORMATION CONTACT: applications, the reader is encouraged to Buildings (by State) Clifford Taffet, room 7266, Department refer to the interim rule governing this Hawaii of Housing and Urban Development, program, 24 CFR part 581. Bldg. S87, Radio Trans. Fac. 451 Seventh Street SW, Washington, DC For properties listed as suitable/to be Lualualei, Naval Station, Eastern Pacific 20410; telephone (202) 708–1234; TTY excess, that property may, if Wahiawa Co: Honolulu HI 96786–3050 number for the hearing- and speech- subsequently accepted as excess by Landholding Agency: Navy impaired (202) 708–2565 (these GSA, be made available for use by the Property Number: 77199240011 telephone numbers are not toll-free), or homeless in accordance with applicable Status: Unutilized call the toll-free Title V information line law, subject to screening for other Comment: 7566 sq. ft., 1-story, needs rehab, most recent use—storage, off-site use only at 1–800–927–7588. Federal use. At the appropriate time, HUD will publish the property in a Bldg. 64, Radio Trans. Facility SUPPLEMENTARY INFORMATION: In Notice showing it as either suitable/ Naval Computer & Telecommunications Area accordance with 24 CFR part 581 and available or suitable/unavailable. Wahiawa Co: Honolulu HI 96786–3050 section 501 of the Stewart B. McKinney For properties listed as suitable/ Landholding Agency: Navy Homeless Assistance Act (42 U.S.C. unavailable, the landholding agency has Property Number: 77199310004 11411), as amended, HUD is publishing decided that the property cannot be Status: Unutilized this Notice to identify Federal buildings Comment: 3612 sq. ft., 1-story, access declared excess or made available for restrictions, needs rehab, most recent use— and other real property that HUD has use to assist the homeless, and the reviewed for suitability for use to assist storage, off-site use only property will not be available. Bldg. 442, Naval Station the homeless. The properties were Properties listed as unsuitable will reviewed using information provided to Ford Island not be made available for any other Pearl Harbor Co: Honolulu HI 96860– HUD by Federal landholding agencies purpose for 20 days from the date of this Landholding Agency: Navy regarding unutilized and underutilized Notice. Homeless assistance providers Property Number: 77199630088 buildings and real property controlled interested in a review by HUD of the Status: Excess by such agencies or by GSA regarding determination of unsuitability should Comment: 192 sq. ft., most recent use— its inventory of excess or surplus call the toll free information line at 1– storage, off-site use only Federal property. This Notice is also 800–927–7588 for detailed instructions Bldg. S180 published in order to comply with the or write a letter to Clifford Taffet at the Naval Station, Ford Island December 12, 1988 Court Order in address listed at the beginning of this Pearl Harbor Co: Honolulu HI 96860– National Coalition for the Homeless v. Notice. Included in the request for Landholding Agency: Navy Veterans Administration, No. 88–2503– review should be the property address Property Number: 77199640039 OG (D.D.C.). Status: Unutilized (including zip code), the date of Comment: 3412 sq. ft., 2-story, most recent Properties reviewed are listed in this publication in the Federal Register, the use—bomb shelter, off-site use only, Notice according to the following landholding agency, and the property relocation may not be feasible categories: Suitable/available, suitable/ number. Bldg. S181 unavailable, suitable/to be excess, and For more information regarding Naval Station, Ford Island unsuitable. The properties listed in the particular properties identified in this Pearl Harbor Co: Honolulu HI 96860– three suitable categories have been Notice (i.e., acreage, floor plan, existing Landholding Agency: Navy reviewed by the landholding agencies, sanitary facilities, exact street address), Property Number: 77199640040 and each agency has transmitted to providers should contact the Status: Unutilized HUD: (1) Its intention to make the appropriate landholding agencies at the Comment: 4258 sq. ft., 1-story, most recent property available for use to assist the following addresses: DOT: Mr. Rugene use—bomb shelter, off-site use only, homeless, (2) its intention to declare the Spruill, Principal, Space Management, relocation may not be feasible property excess to the agency’s needs, or SVC–140, Transportation Bldg. 219 (3) a statement of the reasons that the Administrative Service Center, Naval Station, Ford Island Pearl Harbor Co: Honolulu HI 96860– property cannot be declared excess or Department of Transportation, 400 7th Landholding Agency: Navy made available for use as facilities to Street, SW, Room 2310; (202) 366–4246; Property Number: 77199640041 assist the homeless. GSA: Mr. Brian K. Polly, Assistant Status: Unutilized Properties listed as suitable/available Commissioner, General Services Comment: 620 sq. ft., most recent use— will be available exclusively for Administration, Office of Property damage control, off-site use only, homeless use for a period of 60 days Disposal, 18th and F Streets, NW, relocation may not be feasible from the date of this Notice. Homeless Washington, DC 20405; (202) 501–0052; Bldg. 220

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Naval Station, Ford Island Bldg. 5179 Status: Excess Pearl Harbor Co: Honolulu HI 96860– Naval Public Works Comment: 25,354 sq. ft., presence of Landholding Agency: Navy Iroquois Ave. asbestos/lead paint, most recent use— Property Number: 77199640042 Ewa Beach Co: Honolulu HI 96706– admin., off-site use only Status: Unutilized Landholding Agency: Navy Bldg. 41 Comment: 620 sq. ft., most recent use— Property Number: 77199940034 Naval Air Station damage control, off-site use only, Status: Excess Brunswick Co: ME 04011– relocation may not be feasible Comment: 1328 sq. ft., possible asbestos/lead Landholding Agency: Navy Bldg. 160 paint, most recent use—residence, off-site Property Number: 77199930008 Naval Station, Pearl Harbor use only Status: Excess Pearl Harbor Co: Honolulu HI 96860– Bldg. 5183 Comment: 10,526 sq. ft., presence of Landholding Agency: Navy Naval Public Works asbestos/lead paint, most recent use— Property Number: 77199840002 Iroquois Ave. security building, off-site use only Status: Excess Ewa Beach Co: Honolulu HI 96706– New Hampshire Comment: 6070 sq. ft., needs rehab, presence Landholding Agency: Navy of lead paint, most recent use—storage/ Property Number: 77199940035 Bldg. 128 office, off-site use only Status: Excess Portsmouth Naval Shipyard Comment: 1328 sq. ft., possible asbestos/lead Portsmouth NH 03804–5000 Facility No. 92 Landholding Agency: Navy Naval Computer & Telecom. paint, most recent use—residence, off-site use only Property Number: 77199830015 Area Master Station Status: Excess Wahiawa Co: HI 96786– Bldg. 5187 Comment: 10,900 sq. ft., needs rehab, Landholding Agency: Navy Naval Public Works presence of asbestos, most recent use— Property Number: 77199930076 Iroquois Ave. storage, off-site use only Status: Excess Ewa Beach Co: Honolulu HI 96706– Bldg. 185 Comment: 1008 sq. ft., needs rehab, most Landholding Agency: Navy Portsmouth Naval Shipyard recent use—storage, off-site use only Property Number: 77199940036 Portsmouth NH 03804–5000 Status: Excess Facility No. 99 Landholding Agency: Navy Comment: 1328 sq. ft., possible asbestos/lead Naval Computer & Telecom. Area Master Property Number: 77199830016 paint, most recent use—residence, off-site Station Status: Excess use only Wahiawa Co: HI 96786– Comment: 2310 sq. ft., needs rehab, presence Landholding Agency: Navy Bldg. 5191 of asbestos, most recent use—office, off-site Property Number: 77199930077 Naval Public Works use only Status: Excess Iroquois Ave. Comment: 544 sq. ft., concrete, needs rehab, Bldg. 314 Ewa Beach Co: Honolulu HI 96705– Portsmouth Naval Shipyard presence of asbestos, most recent use— Landholding Agency: Navy storage, off-site use only Portsmouth NH 03804–5000 Property Number: 77199940037 Landholding Agency: Navy Facility No. 127 Status: Excess Property Number: 77199830017 Naval Computer & Telecom. Area Master Comment: 1328 sq. ft., possible asbestos/lead Status: Excess Station paint, most recent use—residence, off-site Comment: cement block bldg., needs rehab, Wahiawa Co: HI 96786– use only presence of asbestos, most recent use— Landholding Agency: Navy Bldg. 5193 storage, off-site use only Property Number: 77199930078 Naval Public Works Bldg. 336 Status: Excess Iroquois Ave. Comment: 198 sq. ft., needs rehab, presence Portsmouth Naval Shipyard Ewa Beach Co: Honolulu HI 96706– Portsmouth NH 03804–5000 of asbestos, most recent use—storage, off- Landholding Agency: Navy site use only Landholding Agency: Navy Property Number: 77199940038 Property Number: 77199830018 Facility No. 227 Status: Excess Status: Excess Naval Computer & Telecom. Area Master Comment: 1328 sq. ft., possible asbestos/lead Comment: metal bldg w/cement block Station paint, most recent use—residence, off-site foundation, off-site use only Wahiawa Co: HI 96786– use only Bldg. 160 Landholding Agency: Navy Maine Property Number: 77199930079 Portsmouth Naval Shipyard Status: Excess Bldg. 4 Portsmouth Co: NH 03804–5000 Comment: 2240 sq. ft., needs rehab, presence Naval Air Station Landholding Agency: Navy of asbestos, most recent use—weight room, Brunswick Co: ME 04011– Property Number: 77199910046 off-site use only Landholding Agency: Navy Status: Unutilized Property Number: 77199930005 Comment: 6080 sq. ft., possible asbestos, Facility No. 285 most recent use—storage, off-site use only Naval Computer & Telecom. Area Master Status: Excess Station Comment: 16,644 sq. ft., presence of New Jersey Wahiawa Co: HI 96786– asbestos/lead paint, most recent use— Old Bridge Housing Landholding Agency: Navy headquarters building, off-site use only Route 9 Property Number: 77199930080 Bldg. 8 Old Bridge Co: NJ 08857– Status: Excess Naval Air Station Landholding Agency: GSA Comment: 418 sq. ft., needs rehab, most Brunswick Co: ME 04011– Property Number: 54199940010 recent use—storage, off-site use only Landholding Agency: Navy Status: Excess Bldg. 5175 Property Number: 77199930006 Comment: 12 three bedroom housing units, Naval Public Works Status: Excess no long-term wastewater treatment system Iroquois Ave. Comment: 7413 sq. ft., presence of asbestos/ for property, presence of asbestos/lead Ewa Beach Co: Honolulu HI 96706– lead paint, most recent use—public works paint, needs repair Landholding Agency: Navy building, off-site use only GSA Number: 0–0–NJ–000 Property Number: 77199940033 Bldg. 12 Bldg. D1–A Status: Excess Naval Air Station Naval Weapons Station Comment: 1328 sq. ft., possible asbestos/lead Brunswick Co: ME 04011– Colts Neck Co: NJ 07722– paint, most recent use—residence, off-site Landholding Agency: Navy Landholding Agency: Navy use only Property Number: 77199930007 Property Number: 77199940024

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Status: Unutilized Unsuitable Properties Status: Unutilized Comment: 1134 sq. ft., presence of lead paint, Reason: Extensive deterioration Buildings (by State) most recent use—smokehouse/lunchroom, Bldg. 5A7 off-site use only Alaska Marine Corps Recruit Depot Bldg. HA–1A ‘‘Gazebo’’ San Diego Co: CA 92140– Naval Weapons Station Coast Guard Landholding Agency: Navy Cordova Co: AK 99574– Property Number: 77199930085 Colts Neck Co: NJ 07722– Landholding Agency: DOT Status: Unutilized Landholding Agency: Navy Property Number: 87200010002 Reason: Extensive deterioration Property Number: 77199940025 Status: Unutilized Bldg. 5A8 Status: Unutilized Reason: Extensive deterioration Marine Corps Recruit Depot Comment: 120 sq. ft., most recent use— California San Diego Co: CA 92140– storage, off-site use only Bldg. 210 Landholding Agency: Navy Suitable/Unavailable Properties Naval Station, San Diego Property Number: 77199930086 San Diego CA 92136– Status: Unutilized Buildings (by State) Landholding Agency: Navy Reason: Extensive deterioration Puerto Rico Property Number: 77199830001 Bldg. 5A9 Marine Corps Recruit Depot Bldgs. 501 & 502 Status: Excess Reason: Extensive deterioration San Diego Co: CA 92140– U.S. Naval Radio Transmitter Bldg. 444 Landholding Agency: Navy Facility Property Number: 77199930087 State Road No. 2 Naval Station San Diego CA 92136–5065 Status: Unutilized Juana Diaz PR 00795– Landholding Agency: Navy Reason: Extensive deterioration Landholding Agency: Navy Property Number: 77199830122 Bldg. 5B6 Property Number: 77199530007 Status: Excess Marine Corps Recruit Depot Status: Underutilized Reason: Extensive deterioration San Diego Co: CA 92140– Comment: Reinforced concrete structures, Bldg. 209 Landholding Agency: Navy limited access, needs rehab, most recent Naval Station, San Diego Property Number: 77199930088 use—transmitter and power house San Diego CA 92136–5294 Status: Unutilized Reason: Extensive deterioration Virginia Landholding Agency: Navy Property Number: 77199840001 Bldg. 5B7 Naval Medical Clinic Status: Excess Marine Corps Recruit Depot 6500 Hampton Blvd. Reason: Extensive deterioration San Diego Co: CA 92140– Norfolk Co: Norfolk VA 23508– Bldgs. 20106, 20195 Landholding Agency: Navy Landholding Agency: Navy Naval Air Weapons Station Property Number: 77199930089 Property Number: 77199010109 China Lake Co: CA 93555– Status: Unutilized Status: Unutilized Landholding Agency: Navy Reason: Extensive deterioration Comment: 3665 sq. ft., 1 story, possible Property Number: 77199930001 Bldg. 5B8 asbestos, most recent use—laundry. Status: Excess Marine Corps Recruit Depot San Diego Co: CA 92140– Land (by State) Reasons: Secured Area, Extensive deterioration Landholding Agency: Navy Virginia Bldgs. 40, 62 Property Number: 77199930090 Naval Base Naval Air Station, North Island Status: Unutilized Norfolk Co: Norfolk VA 23508– Imperial Beach Co: CA 91932– Reason: Extensive deterioration Location: Northeast corner of base, near Landholding Agency: Navy Bldg. 5B9 Willoughby housing area. Property Number: 77199930024 Marine Corps Recruit Depot Landholding Agency: Navy Status: Excess San Diego Co: CA 92140– Landholding Agency: Navy Property Number: 77199010156 Reason: Extensive deterioration Property Number: 77199930091 Status: Unutilized Bldg. 5UT4 Marine Corps Recruit Depot Status: Unutilized Comment: 60 acres; most recent use— Reason: Extensive deterioration sandpit; secured area with alternate access. San Diego Co: CA 92140– Landholding Agency: Navy Bldg. 5C6 Land—CD area Property Number: 77199930081 Marine Corps Recruit Depot Naval Base Norfolk Status: Unutilized San Diego Co: CA 92140– Norfolk VA 23511–2797 Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 5US4 Property Number: 77199930092 Property Number: 77199830022 Marine Corps Recruit Depot Status: Unutilized Status: Unutilized San Diego Co: CA 92140– Reason: Extensive deterioration Comment: 2 acres, open space Landholding Agency: Navy Bldg. 5C7 Marine Corps Recruit Depot Suitable/To Be Excessed Property Number: 77199930082 Status: Unutilized San Diego Co: CA 92140– Buildings (by State) Reason: Extensive deterioration Landholding Agency: Navy Property Number: 77199930093 Puerto Rico Bldg. 127 Marine Corps Recruit Depot Status: Unutilized Bldg. 561 San Diego Co: CA 92140– Reason: Extensive deterioration Former Ramey AFB Landholding Agency: Navy Bldg. 5C8 Aquadilla PR 00604– Property Number: 77199930083 Marine Corps Recruit Depot Landholding Agency: Navy Status: Unutilized San Diego Co: CA 92140– Property Number: 77199630001 Reason: Extensive deterioration Landholding Agency: Navy Status: Unutilized Bldg. 5A6 Property Number: 77199930094 Comment: 102666 sq. ft. bldg. on 5.006 acres, Marine Corps Recruit Depot Status: Unutilized most recent use—manufacturing, office and San Diego Co: CA 92140– Reason: Extensive deterioration freight distribution center, presence of Landholding Agency: Navy Bldg. 5C9 asbestos Property Number: 77199930084 Marine Corps Recruit Depot

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San Diego Co: CA 92140– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 921 Property Number: 77199940011 Property Number: 77199930095 Naval Weapons Station Seal Beach Status: Unutilized Status: Unutilized Seal Beach Co: CA 90740–5000 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 363 Bldg. 5D1 Property Number: 77199930110 Naval Weapons Station Marine Corps Recruit Depot Status: Unutilized Fallbrook Co: CA 92028–3187 San Diego Co: CA 92140– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 201 Property Number: 77199940012 Property Number: 77199930096 Naval Weapons Station Status: Unutilized Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 410 Bldg. 5D2 Property Number: 77199940002 Naval Weapons Station Marine Corps Recruit Depot Status: Unutilized Fallbrook Co: CA 92028–3187 San Diego Co: CA 92140– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 205 Property Number: 77199940013 Property Number: 77199930097 Naval Weapons Station Status: Unutilized Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 438 Bldg. 5D3 Property Number: 77199940003 Naval Weapons Station Marine Corps Recruit Depot Status: Unutilized Fallbrook Co: CA 92028–3187 San Diego Co: CA 92140– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 227 Property Number: 77199940014 Property Number: 77199930098 Naval Weapons Station Status: Unutilized Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. Q100 Bldg. 5D4 Property Number: 77199940004 Naval Amphibious Base Marine Corps Recruit Depot Status: Unutilized Coronado Co: CA 92118– San Diego Co: CA 92140– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 230 Property Number: 77199940067 Property Number: 77199930099 Naval Weapons Station Status: Excess Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. Q102 Bldg. 5D5 Property Number: 77199940005 Naval Amphibious Base Marine Corps Recruit Depot Status: Unutilized Coronado Co: CA 92118– San Diego Co: CA 92140– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 232 Property Number: 77199940068 Property Number: 77199930100 Naval Weapons Station Status: Excess Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 106 Bldg. 206 Property Number: 77199940006 Naval Amphibious Base Naval Weapons Station Seal Beach Status: Unutilized Coronado Co: CA 92118– Seal Beach Co: CA 90740–5000 Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 337 Property Number: 77199940069 Property Number: 77199930105 Naval Weapons Station Status: Excess Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 111 Bldg. 432 Property Number: 77199940007 Naval Amphibious Base Naval Weapons Station Seal Beach Status: Unutilized Coronado Co: CA 92118– Seal Beach Co: CA 90740–5000 Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 338 Property Number: 77199940070 Property Number: 77199930106 Naval Weapons Station Status: Excess Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 112 Bldg. 433 Property Number: 77199940008 Naval Amphibious Base Naval Weapons Station Seal Beach Status: Unutilized Coronado Co: CA 92118– Seal Beach Co: CA 90740–5000 Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 339 Property Number: 77199940071 Property Number: 77199930107 Naval Weapons Station Status: Excess Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 613 Bldg. 435 Property Number: 77199940009 NAS, North Island Naval Weapons Station Seal Beach Status: Unutilized Coronado Co: CA 92118– Seal Beach Co: CA 90740–5000 Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 349 Property Number: 77199940072 Property Number: 77199930108 Naval Weapons Station Status: Excess Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 55 Bldg. 456 Property Number: 77199940010 Naval Amphibious Base Naval Weapons Station Seal Beach Status: Unutilized Coronado Co: CA 92118– Seal Beach Co: CA 90740–5000 Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 362 Property Number: 77199940073 Property Number: 77199930109 Naval Weapons Station Status: Excess Status: Unutilized Fallbrook Co: CA 92028–3187 Reason: Extensive deterioration

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OT68 Space & Navy Warfare Systems Center Status: Excess Camp Pendleton Co: CA 92055– San Diego Co: CA 92152-5001 Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 32927 Property Number: 77200010097 Property Number: 77200010076 Marine Corps Base Status: Excess Status: Unutilized Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Reason: Floodway Landholding Agency: Navy Bldg. 43336 Bldg. 1234 Property Number: 77200010087 Marine Corps Base Marine Corps Base Status: Excess Camp Pendleton Co: CA 92055– Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 130167 Property Number: 77200010098 Property Number: 77200010077 Marine Corps Base Status: Excess Status: Excess Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 43337 Bldg. 1439 Property Number: 77200010088 Marine Corps Base Marine Corps Base Status: Excess Camp Pendleton Co: CA 92055– Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 130175 Property Number: 77200010099 Property Number: 77200010078 Marine Corps Base Status: Excess Status: Excess Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 52651 Bldg. 1443 Property Number: 77200010089 Marine Corps Base Marine Corps Base Status: Excess Camp Pendleton Co: CA 92055– Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 20176 Property Number: 77200010100 Property Number: 77200010079 Marine Corps Base Status: Excess Status: Excess Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Connecticut Bldg. 2231 Property Number: 77200010090 DG1–DG8, DG10–DG–27 Marine Corps Base Status: Excess Dolphin Gardens Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Naval Submarine Base New London Landholding Agency: Navy Bldg. 201487 Groton Co: New London Ct 06349– Property Number: 77200010080 Marine Corps Base Landholding Agency: Navy Status: Excess Camp Pendleton Co: CA 92055– Status: Unutilized Reason: Extensive deterioration Landholding Agency: Navy Reason: Extensive deterioration Bldg. 2232 Property Number: 77200010091 Marine Corps Base Status: Excess Florida Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Bldg. 648 Landholding Agency: Navy Bldg. 1684 Naval Air Station Property Number: 77200010081 Marine Corps Base Pensacola Co: Escambia FL 32508– Status: Excess Camp Pendleton Co: CA 92055– Landholding Agency: Navy Reason: Extensive deterioration Landholding Agency: Navy Property Number: 77199920087 Bldg. 2582 Property Number: 77200010092 Status: Unutilized Marine Corps Base Status: Excess Reason: Secured Area Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Bldg. 1882 Landholding Agency: Navy Bldg. 16146 Naval Air Station Property Number: 77200010082 Marine Corps Base Pensacola Co: Escambia FL 32508– Status: Excess Camp Pendleton Co: CA 92055– Landholding Agency: Navy Reason: Extensive deterioration Landholding Agency: Navy Property Number: 77199920088 Bldg. 2583 Property Number: 77200010093 Status: Unutilized Marine Corps Base Status: Excess Reasons: Secured Area, Extensive Camp Pendleton Co: CA 92055– Reason: Extensive deterioration deterioration Landholding Agency: Navy Bldg. 43332 Bldg. 3228 Property Number: 77200010083 Marine Corps Base Naval Air Station Status: Excess Camp Pendleton Co: CA 92055– Pensacola Co: Escambia FL 32508– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 21544 Property Number: 77200010094 Property Number: 77199920089 Marine Corps Base Status: Excess Status: Unutilized Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Navy Bldg. 43333 Bldg. 3604 Property Number: 77200010084 Marine Corps Base Naval Air Station Status: Excess Camp Pendleton Co: CA 92055– Pensacola Co: Escambia FL 32508– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 21549 Property Number: 77200010095 Property Number: 77199920090 Marine Corps Base Status: Excess Status: Unutilized Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Navy Bldg. 43334 Bldg. 3605 Property Number: 77200010085 Marine Corps Base Naval Air Station Status: Excess Camp Pendleton Co: CA 92055– Pensacola Co: Escambia FL 32508– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 25131 Property Number: 77200010096 Property Number: 77199920091 Marine Corps Base Status: Excess Status: Unutilized Camp Pendleton Co: CA 92055– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Navy Bldg. 43335 Bldg. 3626 Property Number: 77200010086 Marine Corps Base Naval Air Station

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Pensacola Co: Escambia FL 32508– Naval Submarine Base Bldg. 3151 Landholding Agency: Navy Kings Bay Co: Camden GA 31547– U.S. Naval Forces Property Number: 77199920092 Landholding Agency: Navy COMNAVMARIANAS Status: Unutilized Property Number: 77199940019 Waterfront Annex Co: GU 96540–0051 Reason: Secured Area Status: Unutilized Landholding Agency: Navy Bldg. 3674 Reason: Secured Area Property Number: 77199930051 Naval Air Station Guam Status: Unutilized Reasons: Within 2000 ft. of flammable or Pensacola Co: Escambia FL 32508– Bldg. 296 Landholding Agency: Navy explosive material, Secured Area, Communications Annex Extensive deterioration Property Number: 77199920093 Dededo Co: GU 96537– Status: Unutilized Landholding Agency: Navy Bldg. 3152 Reason: Secured Area Property Number: 77199920132 U.S. Naval Forces Bldg. A–146 Status: Unutilized COMNAVMARIANAS Boca Chica Annex Reason: Secured Area Waterfront Annex Co: GU 96540–0051 Landholding Agency: Navy Naval Air Station Structures 312, 1792 Property Number: 77199930052 Key West Co: Monroe FL 33040– COMNAVMARIANAS Status: Unutilized Landholding Agency: Navy Waterfront Annex Co: GU 96540– Reasons: Within 2000 ft. of flammable or Property Number: 77199930027 Landholding Agency: Navy explosive material, Secured Area, Status: Unutilized Property Number: 77199930002 Extensive deterioration Reason: Extensive deterioration Status: Excess Bldg. A–232 Reason: Secured Area Bldg. 3153 Boca Chica Annex Structures 2020, 2021 U.S. Naval Forces Naval Air Station COMNAVMARIANAS COMNAVMARIANAS Key West Co: Monroe FL 33040– Waterfront Annex Co: GU 96540– Waterfront Annex Co: GU 96540–0051 Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 77199930028 Property Number: 77199930003 Property Number: 77199930053 Status: Unutilized Status: Excess Status: Unutilized Reason: Extensive deterioration Reason: Secured Area Reasons: Within 2000 ft. of flammable or explosive material, Secured Area, Bldg. A–4020 Bldg. 3171 Extensive deterioration Boca Chica Annex COMNAVMARIANAS Bldg. 3154 Naval Air Station Waterfront Annex Co: GU 96540– U.S. Naval Forces Key West Co: Monroe FL 33040– Landholding Agency: Navy COMNAVMARIANAS Landholding Agency: Navy Property Number: 77199930004 Waterfront Annex Co: GU 96540–0051 Property Number: 77199930029 Status: Excess Landholding Agency: Navy Status: Unutilized Reasons: Secured Area, Extensive Property Number: 77199930054 Reason: Extensive deterioration deterioration Status: Unutilized Bldg. 76 Bldg. 3451 Reasons: Within 2000 ft. of flammable or U.S. Naval Forces Naval Air Station explosive material, Secured Area, COMNAVMARIANAS Pensacola Co: Escambia FL 32508– Extensive deterioration Waterfront Annex Co: GU 96540–0051 Landholding Agency: Navy Bldg. 3155 Property Number: 77199940066 Landholding Agency: Navy Property Number: 77199930047 U.S. Naval Forces Status: Unutilized COMNAVMARIANAS Reason: Secured Area Status: Unutilized Reasons: Within 2000 ft. of flammable or Waterfront Annex Co: GU 96540–0051 Georgia explosive material, Secured Area, Landholding Agency: Navy Property Number: 77199930055 Bldg. 3012 Extensive deterioration Status: Unutilized Naval Submarine Base Bldg. 264 Reasons: Within 2000 ft. of flammable or Kings Bay Co: Camden GA 31547– U.S. Naval Forces explosive material, Secured Area, Landholding Agency: Navy COMNAVMARIANAS Extensive deterioration Property Number: 77199910001 Waterfront Annex Co: GU 96540–0051 Status: Unutilized Landholding Agency: Navy Bldg. 3268A Reason: Extensive deterioration Property Number: 77199930048 U.S. Naval Forces Status: Unutilized COMNAVMARIANAS Facility 5001 Reasons: Within 2000 ft. of flammable or Waterfront Annex Co: GU 96540–0051 Naval Submarine Base explosive material, Secured Area, Landholding Agency: Navy Kings Bay Co: Camden GA 31547– Extensive deterioration Property Number: 77199930056 Landholding Agency: Navy Status: Unutilized Property Number: 77199940016 Bldg. 2012 U.S. Naval Forces Reasons: Within 2000 ft. of flammable or Status: Unutilized explosive material, Secured Area, Reason: Secured Area COMNAVMARIANAS Waterfront Annex Co: GU 96540–0051 Extensive deterioration Facility 5002 Landholding Agency: Navy Bldg. 4400 Naval Submarine Base Property Number: 77199930049 U.S. Naval Forces Kings Bay Co: Camden GA 31547– Status: Unutilized COMNAVMARIANAS Landholding Agency: Navy Reasons: Secured Area, Extensive Waterfront Annex Co: GU 96540–0051 Property Number: 77199940017 deterioration Landholding Agency: Navy Status: Unutilized Bldg. 3114 Property Number: 77199930057 Reason: Secured Area U.S. Naval Forces Status: Unutilized Facility 5003 COMNAVMARIANAS Reasons: Secured Area, Extensive Naval Submarine Base Waterfront Annex Co: GU 96540–0051 deterioration Kings Bay Co: Camden GA 31547– Landholding Agency: Navy Bldg. 4402 Landholding Agency: Navy Property Number: 77199930050 U.S. Naval Forces Property Number: 77199940018 Status: Unutilized COMNAVMARIANAS Status: Unutilized Reasons: Within 2000 ft. of flammable or Waterfront Annex Co: GU 96540–0051 Reason: Secured Area explosive material, Secured Area, Landholding Agency: Navy Facility 5935 Extensive deterioration Property Number: 77199930058

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Status: Unutilized Landholding Agency: Navy Naval Station, Ford Island Reasons: Secured Area, Extensive Property Number: 77199230012 Pearl Harbor Co: Honolulu HI 96860– deterioration Status: Unutilized Landholding Agency: Navy Bldg. 4414 Reasons: Within 2000 ft. of flammable or Property Number: 77199640036 U.S. Naval Forces explosive material, Extensive Status: Unutilized COMNAVMARIANAS Deterioration, Secured Area Reason: Extensive deterioration Waterfront Annex Co: GU 96540–0051 Bldg. Q75, Naval Magazine Bldg. 40 Landholding Agency: Navy Lualualei Branch Naval Magazine Lualualei Property Number: 77199930059 Lualualei Co: Oahu HI 96792– Co: Oahu HI 96792–4301 Status: Unutilized Landholding Agency: Navy Landholding Agency: Navy Reasons: Secured Area, Extensive Property Number: 77199230013 Property Number: 77199830028 deterioration Status: Unutilized Status: Unutilized Bldg. 4425 Reasons: Extensive Deterioration, Secured Reason: Extensive deterioration U.S. Naval Forces Area Bldg. 50 COMNAVMARIANAS Bldg. 7, Naval Magazine Naval Magazine Lualualei Waterfront Annex Co: GU 96540–0051 Lualualei Branch Co: Oahu HI 96792–4301 Landholding Agency: Navy Lualualei Co: Oahu HI 96792– Landholding Agency: Navy Property Number: 77199930060 Landholding Agency: Navy Property Number: 77199830029 Status: Unutilized Property Number: 77199230014 Status: Unutilized Reasons: Secured Area, Extensive Status: Unutilized Reason: Extensive deterioration deterioration Reasons: Extensive Deterioration, Secured Bldg. Q76 Bldgs. 4426–4428 Area Naval Magazine Lualualei U.S. Naval Forces Bldg. 6, Pear Harbor Co: Oahu HI 96792–4301 COMNAVMARIANAS Richardson Recreational Area Landholding Agency: Navy Waterfront Annex Co: GU 96540–0051 Honolulu Co: Honolulu HI 96860– Property Number: 77199830030 Landholding Agency: Navy Landholding Agency: Navy Status: Unutilized Property Number: 77199930061 Property Number: 77199410003 Reason: Extensive deterioration Status: Unutilized Status: Unutilized Bldg. Q334 Reasons: Secured Area, Extensive Reason: Extensive deterioration Naval Magazine Lualualei deterioration Bldg. 10, Pear Harbor Co: Oahu HI 96792–4301 Bldg. 5408 Richardson Recreational Area Landholding Agency: Navy U.S. Naval Forces Honolulu Co: Honolulu HI 96860– Property Number: 77199830031 COMNAVMARIANAS Landholding Agency: Navy Status: Unutilized Waterfront Annex Co: GU 96540–0051 Property Number: 77199410004 Reason: Extensive deterioration Landholding Agency: Navy Status: Unutilized Bldg. S380 Property Number: 77199930062 Reason: Extensive deterioration Naval Magazine Lualualei Status: Unutilized Bldg. 9 Co: Oahu HI 96792–4301 Reasons: Within 2000 ft. of flammable or Navy Public Works Center Landholding Agency: Navy explosive material, Secured Area, Kolekole Road Property Number: 77199830032 Extensive deterioration Lualualei Co: Honolulu HI 96782– Status: Unutilized Bldg. 5540 Landholding Agency: Navy Reason: Extensive deterioration U.S. Naval Forces Property Number: 77199530009 Bldg. S381 COMNAVMARIANAS Status: Excess Naval Magazine Lualualei Waterfront Annex Co: GU 96540–0051 Reasons: Within 2000 ft. of flammable or Co: Oahu HI 96792–4301 Landholding Agency: Navy explosive material, Secured Area Landholding Agency: Navy Property Number: 77199930063 Bldg. X5 Property Number: 77199830033 Status: Unutilized Nanumea Road Status: Unutilized Reasons: Within 2000 ft. of flammable or Pearl Harbor Co: Honolulu HI 96782– Reason: Extensive deterioration explosive material, Secured Area, Landholding Agency: Navy Bldg. Q410 Extensive deterioration Property Number: 77199530010 Naval Magazine Lualualei Bldg. 5541 Status: Excess Co: Oahu HI 96792–4301 U.S. Naval Forces Reason: Secured Area Landholding Agency: Navy COMNAVMARIANAS Bldg. SX30 Property Number: 77199830034 Waterfront Annex Co: GU 96540–0051 Nanumea Road Status: Unutilized Landholding Agency: Navy Pearl Harbor Co: Honolulu HI 96860– Reason: Extensive deterioration Property Number: 77199930064 Landholding Agency: Navy Bldg. Q422 Status: Unutilized Property Number: 77199530011 Naval Magazine Lualualei Reasons: Within 2000 ft. of flammable or Status: Excess Co: Oahu HI 96792–4301 explosive material, Secured Area, Reason: Secured Area Landholding Agency: Navy Extensive deterioration Bldg. 98 Property Number: 77199830035 Small Craft Bldg. Pearl Harbor Naval Shipyard Status: Unutilized U.S. Naval Forces Pearl Harbor Co: Honolulu HI 96860– Reason: Extensive deterioration COMNAVMARIANAS Landholding Agency: Navy Bldg. 429 Waterfront Annex Co: GU 96540–0051 Property Number: 77199620032 Naval Magazine Lualualei Landholding Agency: Navy Status: Excess Co: Oahu HI 96792–4301 Property Number: 77199930065 Reason: Extensive deterioration Landholding Agency: Navy Status: Unutilized Bldg. Q13 Property Number: 77199830036 Reasons: Within 2000 ft. of flammable or Naval Station, Ford Island Status: Unutilized explosive material, Secured Area, Pearl Harbor Co: Honolulu HI 96860– Reason: Extensive deterioration Extensive deterioration Landholding Agency: Navy Bldg. 431 Hawaii Property Number: 77199640035 Naval Magazine Lualualei Bldg. 126, Naval Magazine Status: Unutilized Co: Oahu HI 96792–4301 Waikele Branch Reason: Extensive deterioration Landholding Agency: Navy Lualualei Co: Oahu HI 96792– Bldg. Q14 Property Number: 77199830037

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Status: Unutilized Molokai Training Support Facility Naval Training Center Reason: Extensive deterioration Molokai Co: HI 96820– Great Lakes Co: IL 60088–5000 Bldg. 447 Landholding Agency: Navy Landholding Agency: Navy Naval Magazine Lualualei Property Number 77199930069 Property Number: 77199920057 Co: Oahu HI 96792–4301 Status: Unutilized Status: Unutilized Landholding Agency: Navy Reason: Extensive deterioration Reason: Secured Area Property Number: 77199830038 Bldg. 108 Bldg. 1200 Status: Unutilized Molokai Training Support Facility Naval Training Center Reason: Extensive deterioration Molokai Co: HI 96820– Great Lakes Co: IL 60088–5000 Facility S–721 Landholding Agency: Navy Landholding Agency: Navy Naval Station Property Number 77199930070 Property Number: 77199920058 Status: Unutilized Pearl Harbor Co: Honolulu HI 96860– Status: Unutilized Reason: Extensive deterioration Landholding Agency: Navy Reason: Secured Area Bldg. 330 Property Number: 77199840042 Bldg. 1400 Status: Excess NCTAMS PAC Wahiawa Co: HI 96786– Naval Training Center Reason: Secured Area Great Lakes Co: IL 60088–5000 Facility S–897 Landholding Agency: Navy Property Number: 77199940061 Landholding Agency: Navy Naval Station Property Number: 77199920059 Pearl Harbor Co: Honolulu HI 96860– Status: Excess Reason: Extensive deterioration Status: Unutilized Landholding Agency: Navy Reason: Secured Area Property Number: 77199840043 Bldg. 348 Bldg. 1600 Status: Excess NCTAMS PAC Reason: Secured Area Wahiawa Co: HI 96786– Naval Training Center Landholding Agency: Navy Great Lakes Co: IL 60088–5000 Facility S–937 Property Number: 77199940062 Landholding Agency: Navy Naval Station Status: Excess Property Number: 77199920060 Pearl Harbor Co: Honolulu HI 96860– Reason: Extensive deterioration Status: Unutilized Landholding Agency: Navy Reason: Secured Area Property Number: 77199840044 Bldg. 349 Status: Excess NCTAMS PAC Bldg. 2600 Reason: Secured Area Wahiawa Co: HI 96786– Naval Training Center Landholding Agency: Navy Great Lakes Co: IL 60088–5000 Facility 19 Property Number: 77199940063 Landholding Agency: Navy Naval Station Status: Excess Pearl Harbor Co: Honolulu HI 96860– Property Number: 77199920061 Reason: Extensive deterioration Landholding Agency: Navy Status: Unutilized Property Number: 77199840045 Illinois Reason: Secured Area Status: Excess Bldg. 415 Maine Reason: Secured Area Naval Training Center Aircraft Hanger #2 Facility 63 201 N. Decatur Ave. Naval Air Station Naval Computer & Telecomm. Station Great Lakes IL Brunswick Co: Cumberland ME 04011– Wahiawa Co: HI 96786– Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 77199840023 Property Number: 77199810015 Property Number: 77199920013 Status: Unutilized Status: Excess Status: Excess Reason: Secured Area Reason: Extensive deterioration Reason: Extensive deterioration Bldg. 1015 Bldg. 13 Facility SX30 Naval Training Center Naval Air Station Naval Public Works Center 201 N. Decatur Ave. Brunswick Co: Cumberland ME 04011– Pearl Harbor Co: Honolulu HI 96860– Great Lakes IL Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 77199840005 Property Number: 77199920027 Property Number: 77199840024 Status: Excess Status: Excess Status: Unutilized Reason: Extensive deterioration Reason: Secured Area, Extensive Reason: Secured Area deterioration Bldg. 15 Bldg. 1016 Naval Air Base Bldg. 102 Naval Training Center Brunswick Co: Cumberland ME 04011– Molokai Training Support Facility 201 N. Decatur Ave. Landholding Agency: Navy Molokai Co: HI 96820– Great Lakes IL Property Number: 77199840006 Landholding Agency: Navy Landholding Agency: Navy Status: Excess Property Number: 77199930066 Property Number: 77199840025 Reason: Extensive deterioration Status: Unutilized Status: Unutilized Reason: Extensive deterioration Reason: Secured Area Bldg. 16 Naval Air Base Bldg. 103 Bldg. 910 Brunswick Co: Cumberland ME 04011– Molokai Training Support Facility Naval Training Center Landholding Agency: Navy Molokai Co: HI 96820– Great Lakes Co: IL 60088–5000 Property Number: 77199840007 Landholding Agency: Navy Landholding Agency: Navy Property Number: 77199930067 Property Number: 77199920055 Status: Excess Status: Unutilized Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Maryland Bldg. 104 Bldg. 800 15 Bldgs. Molokai Training Support Facility Naval Training Center Naval Air Warfare Center Molokai Co: HI 96820– Great Lakes Co: IL 60088–5000 Patuxent River Co: St. Mary’s MD 20670– Landholding Agency: Navy Landholding Agency: Navy 5304 Property Number 77199930068 Property Number: 77199920056 Landholding Agency: Navy Status: Unutilized Status: Unutilized Property Number: 77199730062 Reason: Extensive deterioration Reason: Secured Area Status: Unutilized Bldg. 107 Bldg. 1000 Reason: Extensive deterioration

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Mississippi Construction Battalion Center Berth 2 Bldg. 78 Gulfport Co: Harrison MS 39501– Portsmouth Naval Shipyard Naval Construction Battalion Center Landholding Agency: Navy Portsmouth NH 03804–5000 Gulfport Co: Harrison MS 39501–5001 Property Number: 77199930015 Landholding Agency: Navy Landholding Agency: Navy Status: Unutilized Property Number: 77199840014 Property Number: 77199830047 Reasons: Secured Area, Extensive Status: Underutilized Status: Unutilized deterioration Reason: Secured Area Reasons: Secured Area, Extensive Bldg. 412 Berth 11 deterioration Construction Battalion Center Portsmouth Naval Shipyard Bldg. 113 Gulfport Co: Harrison MS 39501– Portsmouth NH 03804–5000 Naval Construction Battalion Center Landholding Agency: Navy Landholding Agency: Navy Gulfport Co: Harrison MS 39501–5001 Property Number: 77199930016 Property Number: 77199840015 Landholding Agency: Navy Status: Unutilized Status: Underutilized Property Number: 77199830048 Reasons: Secured Area, Extensive Reason: Secured Area Status: Unutilized deterioration Parcel #1 Reasons: Secured Area, Extensive New Hampshire Portsmouth Naval Shipyard deterioration Portsmouth Co: NH 03804–5000 Bldg. 89 Landholding Agency: Navy Bldg. 147 Portsmouth Naval Shipyard Naval Construction Battalion Center Property Number: 77199910002 Portsmouth NH 03804–5000 Status: Underutilized Gulfport Co: Harrison MS 39501–5001 Landholding Agency: Navy Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Property Number: 77199830086 explosive material, Secured Area Property Number: 77199830049 Status: Unutilized Status: Unutilized Reason: Secured Area Parcel #2 Reasons: Secured Area, Extensive Portsmouth Naval Shipyard Bldg. 99 deterioration Portsmouth Co: NH 03804–5000 Portsmouth Naval Shipyard Landholding Agency: Navy Bldg. 187 Portsmouth NH 03804–5000 Naval Construction Battalion Center Property Number: 77199910003 Landholding Agency: Navy Status: Underutilized Gulfport Co: Harrison MS 39501–5001 Property Number: 77199830088 Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Status: Unutilized explosive material, Secured Area Property Number: 77199830050 Reason: Secured Area Status: Unutilized Parcel #3 Bldg. 115 Reasons: Secured Area, Extensive Portsmouth Naval Shipyard Portsmouth Naval Shipyard deterioration Portsmouth Co: NH 03804–5000 Portsmouth NH 03804–5000 Bldg. 7 Landholding Agency: Navy Landholding Agency: Navy Property Number: 77199910004 Construction Battalion Center Property Number: 77199830089 Gulfport Co: Harrison MS 39501– Status: Underutilized Status: Unutilized Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Reason: Secured Area Property Number: 77199930010 explosive material, Extensive deterioration Bldg. 178 Status: Unutilized Bldg. 55 Portsmouth Naval Shipyard Reasons: Secured Area, Extensive Portsmouth Naval Shipyard Portsmouth NH 03804–5000 deterioration Portsmouth Co: NH 03804–5000 Landholding Agency: Navy Landholding Agency: Navy Bldg. 75 Property Number: 77199830090 Construction Battalion Center Property Number: 77199940020 Status: Unutilized Status: Unutilized Gulfport Co: Harrison MS 39501– Reason: Secured Area Landholding Agency: Navy Reason: Secured Area Bldg. 298 Property Number: 77199930011 Bldg. 150 Portsmouth Naval Shipyard Status: Unutilized Portsmouth Naval Shipyard Portsmouth NH 03804–5000 Reasons: Secured Area, Extensive Portsmouth Co: NH 03804–5000 Landholding Agency: Navy deterioration Landholding Agency: Navy Property Number: 77199830091 Property Number: 77199940021 Bldg. 179 Status: Unutilized Construction Battalion Center Status: Unutilized Reasons: Within 2000 ft. of flammable or Reason: Secured Area Gulfport Co: Harrison MS 39501– explosive material, Secured Area Landholding Agency: Navy New Jersey Bldg. H–21 Property Number: 77199930012 Portsmouth Naval Shipyard Bldg. 188 Status: Unutilized Portsmouth NH 03804–5000 Naval Air Engineering Station Reasons: Secured Area, Extensive Landholding Agency: Navy Lakehurst Co: Ocean NJ 08733–5000 deterioration Property Number: 77199830092 Landholding Agency: Navy Structure 262 Status: Unutilized Property Number: 77199830065 Construction Battalion Center Reasons: Within 2000 ft. of flammable or Status: Unutilized Gulfport Co: Harrison MS 39501– explosive material, Secured Area Reason: Extensive deterioration Landholding Agency: Navy Dry Dock 1 Bldg. 473 Property Number: 77199930013 Portsmouth Naval Shipyard Naval Air Engineering Station Status: Unutilized Portsmouth NH 03804–5000 Lakehurst Co: Ocean NJ 08733–5000 Reasons: Secured Area, Extensive Landholding Agency: Navy Landholding Agency: Navy deterioration Property Number: 77199840012 Property Number: 77199920024 Bldg. 279 Status: Underutilized Status: Unutilized Construction Battalion Center Reason: Secured Area Reason: Extensive deterioration Gulfport Co: Harrison MS 39501– Dry Dock 3 Bldg. 474 Landholding Agency: Navy Portsmouth Naval Shipyard Naval Air Engineering Station Property Number: 77199930014 Portsmouth NH 03804–5000 Lakehurst Co: Ocean NJ 08733–5000 Status: Unutilized Landholding Agency: Navy Landholding Agency: Navy Reasons: Secured Area, Extensive Property Number: 77199840013 Property Number: 77199920025 deterioration Status: Underutilized Status: Unutilized Bldg. 326 Reason: Secured Area Reason: Extensive deterioration

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Bldgs. 220, 234, 236 Camp Lejeune Co: Onslow NC 28542–0004 Status: Unutilized Naval Air Engineering Station Landholding Agency: Navy Reason: Extensive deterioration Lakehurst Co: Ocean NJ 08733–5000 Property Number: 77199920063 Facility 22 Landholding Agency: Navy Status: Unutilized Naval Support Station Property Number: 77199930017 Reasons: Secured Area, Extensive Philadelphia Co: PA 19111–5098 Status: Unutilized deterioration Landholding Agency: Navy Reason: Extensive deterioration Bldg. 2159 Property Number: 77199940060 28 Sheds Marine Corps Air Station, Cherry Point Status: Excess Naval Weapons Station Havelock Co: Craven NC 28532– Reason: Extensive deterioration Colts Neck Co: NJ 07722– Landholding Agency: Navy Puerto Rico Landholding Agency: Navy Property Number: 77199920146 Property Number: 77199940026 Status: Unutilized Bldg. 433 Status: Unutilized Reasons: Secured Area, Extensive Naval Station Roosevelt Roads Reason: Extensive deterioration deterioration Ceiba PR 00735– Landholding Agency: Navy North Carolina Structure 3758 Property Number: 77199830066 Marine Corps Air Station, Cherry Point Bldg. 96 Status: Unutilized Havelock Co: Craven NC 28532– Reason: Extensive deterioration Marine Corps Air Station, Cherry Point Landholding Agency: Navy Havelock Co: Craven NC 28533– Property Number: 77199920147 Bldg. 434 Naval Station Roosevelt Roads Landholding Agency: Navy Status: Excess Ceiba PR 00735– Property Number: 77199820111 Reasons: Secured Area, Extensive Landholding Agency: Navy Status: Unutilized deterioration Reasons: Secured Area, Extensive Property Number: 77199830067 deterioration Bldg. 8027 Status: Unutilized Marine Corps Air Station, Cherry Point Reason: Extensive deterioration Bldg. 97 Bogue Co: NC 28584– Bldg. 464 Marine Corps Air Station, Cherry Point Landholding Agency: Navy Naval Station Roosevelt Roads Havelock Co: Craven NC 28533– Property Number: 77199930043 Ceiba PR 00735– Landholding Agency: Navy Status: Excess Property Number: 77199820112 Landholding Agency: Navy Reasons: Secured Area, Extensive Property Number: 77199830068 Status: Unutilized deterioration Reasons: Secured Area, Extensive Status: Unutilized deterioration Bldg. 8028 Reason: Extensive deterioration Marine Corps Air Station, Cherry Point Bldg. 169 Bldg. 762 Bogue Co: NC 28584– Naval Station Roosevelt Roads Marine Corps Air Station, Cherry Point Landholding Agency: Navy Havelock Co: Craven NC 28533– Ceiba PR 00735– Property Number: 77199930044 Landholding Agency: Navy Landholding Agency: Navy Status: Excess Property Number: 77199820113 Property Number: 77199830069 Reasons: Secured Area, Extensive Status: Unutilized Status: Unutilized deterioration Reasons: Secured Area, Extensive Reason: Extensive deterioration deterioration Bldg. 1649 Bldg. 763 Marine Corps Air Station, Cherry Point Bldg. 196 Naval Station Roosevelt Roads Havelock Co: Craven NC 28533– Ceiba PR 00735– Marine Corps Air Station, Cherry Point Landholding Agency: Navy Havelock Co: Craven NC 28533– Landholding Agency: Navy Property Number: 77199940022 Property Number: 77199830070 Landholding Agency: Navy Status: Excess Property Number: 77199820114 Status: Unutilized Reasons: Secured Area, Extensive Reason: Extensive deterioration Status: Unutilized deterioration Reasons: Secured Area, Extensive Bldg. 1927 deterioration Pennsylvania Naval Station Roosevelt Roads Bldg. 477 Bldg. 524 Ceiba PR 00735– Marine Corps Air Station, Cherry Point Naval Systems Engineering Station Landholding Agency: Navy Havelock Co: Craven NC 28533– Philadelphia PA 19112– Property Number: 77199830071 Landholding Agency: Navy Landholding Agency: Navy Status: Unutilized Property Number: 77199820115 Property Number: 77199830023 Reason: Extensive deterioration Status: Unutilized Status: Unutilized Bldg. 175 Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Naval Station Roosevelt Roads explosive material, Secured Area, Bldg. 152 Ceiba PR 00735– Extensive deterioration Naval Air Station Willow Grove Landholding Agency: Navy Bldg. 3422 Willow Grove Co: Montgomery PA 19113– Property Number: 77199830072 Marine Corps Air Station, Cherry Point Landholding Agency: Navy Status: Unutilized Havelock Co: Craven NC 28533– Property Number: 77199930018 Reason: Extensive deterioration Landholding Agency: Navy Status: Excess Former No. 2091 Property Number: 77199820116 Reason: Extensive deterioration Naval Station Roosevelt Roads Status: Unutilized Bldg. 185 Ceiba PR 00735– Reasons: Secured Area, Extensive Naval Air Station Willow Grove Landholding Agency: Navy deterioration Willow Grove Co: Montgomery PA 19113– Property Number: 77199830073 Bldg. TC–849 Landholding Agency: Navy Status: Unutilized Camp Lejeune Property Number: 77199930019 Reason: Extensive deterioration Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Bldg. 261/1692 Landholding Agency: Navy Reason: Extensive deterioration Naval Station Roosevelt Roads Property Number: 77199920062 Bldg. 603 Ceiba PR 00735– Status: Unutilized Naval Support Station Landholding Agency: Navy Reasons: Secured Area, Extensive Mechanicsburg Co: Cumberland PA 17055– Property Number: 77199830074 deterioration 0788 Status: Unutilized Bldg. TC–852 Landholding Agency: Navy Reason: Extensive deterioration Camp Lejeune Property Number: 77199940015 B–38

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Naval Station Roosevelt Roads Landholding Agency: Navy Texas Ceiba PR 00735– Property Number: 77199920123 Bldgs. 1561, 1562, 1563 Landholding Agency: Navy Status: Underutilized Naval Air Station Joint Reserve Base Property Number: 77199830075 Reason: Secured Area Ft. Worth Co: Tarrant TX 76127–6200 Status: Unutilized Bldg. 458 Landholding Agency: Navy Reason: Extensive deterioration STOP 71⁄2 Compound, Naval Reservation Property Number: 77199820050 Bldg. 781 San Juan Co: PR 34051– Status: Unutilized Naval Station Roosevelt Roads Landholding Agency: Navy Reasons: Secured Area, Extensive Ceiba Co: PR 00735– Property Number: 77199920124 deterioration Landholding Agency: Navy Status: Unutilized Bldg. 1190 Property Number: 77199910006 Reason: Extensive deterioration Naval Air Station Joint Reserve Base Status: Unutilized Bldgs. 461, 2157 Ft. Worth Co: Tarrant TX 76127–6200 Reason: Extensive deterioration STOP 71⁄2 Compound, Naval Reservation Landholding Agency: Navy Bldg. 1740 San Juan Co: PR 34051– Property Number: 77199820053 Naval Base Roosevelt Roads Landholding Agency: Navy Status: Unutilized Ceiba Co: PR 00735– Property Number: 77199920125 Reasons: Secured Area Landholding Agency: Navy Status: Underutilized Bldg. 1820 Property Number: 77199910007 Reason: Secured Area Naval Air Station Joint Reserve Base Status: Unutilized Bldgs. 28–29 Ft. Worth Co: Tarrant TX 76127–6200 Reason: Extensive deterioration STOP 71⁄2 Compound, Naval Reservation Landholding Agency: Navy Bldg. 1933 San Juan Co: PR 34051– Property Number: 77199820054 Naval Base Roosevelt Roads Landholding Agency: Navy Status: Unutilized Ceiba Co: PR 00735– Property Number: 77199920126 Reasons: Secured Area, Extensive Landholding Agency: Navy Status: Unutilized deterioration Property Number: 77199910008 Reason: Extensive deterioration Facilities 105 and 105C Status: Unutilized Bldgs. 30–31 Naval Station Reason: Extensive deterioration STOP 71⁄2 Compound, Naval Reservation Corpus Christi Co: Nueces TX 78419–5021 Bldgs. 1934 San Juan Co: PR 34051– Landholding Agency: Navy Naval Base Roosevelt Roads Landholding Agency: Navy Property Number: 77199910012 Ceiba Co: PR 00735– Property Number: 77199920127 Status: Unutilized Landholding Agency: Navy Status: Unutilized Reason: Extensive deterioration Property Number: 77199910009 Reason: Extensive deterioration Bldg. 101 Status: Unutilized Bldg. 104 Naval Air Station Reason: Extensive deterioration STOP 71⁄2 Compound, Naval Reservation Corpus Christi Co: Nueces TX 78419–5021 Bldg. 1976 San Juan Co: PR 34051– Landholding Agency: Navy Naval Base Roosevelt Roads Landholding Agency: Navy Property Number: 77199940052 Ceiba Co: PR 00735– Property Number: 77199920128 Status: Excess Landholding Agency: Navy Status: Unutilized Reason: Extensive deterioration Property Number: 77199910010 Reason: Extensive deterioration Bldg. 198 Status: Unutilized Bldg. 459 Naval Air Station Reason: Extensive deterioration STOP 71⁄2 Compound, Naval Reservation Corpus Christi Co: Nueces TX 78419–5021 Bldg. 2001 San Juan Co: PR 34051– Landholding Agency: Navy Naval Base Roosevelt Roads Landholding Agency: Navy Property Number: 77199940053 Ceiba Co: PR 00735– Property Number: 77199920129 Status: Excess Landholding Agency: Navy Status: Unutilized Reason: Extensive deterioration Property Number: 77199910011 Reason: Extensive deterioration Bldg. 1104 Status: Unutilized Structure 460 Naval Air Station Reason: Extensive deterioration STOP 71⁄2 Compound, Naval Reservation Corpus Christi Co: Nueces TX 78419–5021 4 Bldgs. San Juan Co: PR 34051– Landholding Agency: Navy STOP 71⁄2 Compound, Naval Reservation Landholding Agency: Navy Property Number: 77199940054 San Juan Co: PR 34051– Property Number: 77199920130 Status: Excess Location: 440, 441, 442, 443 Status: Underutilized Reason: Extensive deterioration Landholding Agency: Navy Reason: Secured Area Bldg. 1198 Property Number: 77199920120 Rhode Island Naval Air Station Status: Underutilized Corpus Christi Co: Nueces TX 78419–5021 Reason: Secured Area Bldg. 52 Landholding Agency: Navy Gould Island, Naval Station Bldg. 444 Property Number: 77199940055 Newport Co: RI 00000– STOP 71⁄2 Compound, Naval Reservation Status: Excess Landholding Agency: Navy San Juan Co: PR 34051– Reason: Extensive deterioration Property Number: 77199930020 Landholding Agency: Navy Status: Excess Bldg. 1823 Property Number: 77199920121 Reasons: Not accessible by road, Extensive Naval Air Station Status: Underutilized Corpus Christi Co: Nueces TX 78419–5021 deterioration Reason: Secured Area Landholding Agency: Navy Bldgs. 445–447 Tennessee Property Number: 77199940056 STOP 71⁄2 Compound, Naval Reservation 20 Bldgs. Status: Excess San Juan Co: PR 34051– Naval Support Activity Reason: Extensive deterioration Landholding Agency: Navy Millington Co: Shelby TN 38054– Bldg. H–9 Property Number: 77199920122 Location: 766, 1597–1598, 5238, 435–446, Naval Air Station Status: Underutilized S239, S75, 1211, 1379 Corpus Christi Co: Nueces TX 78419–5021 Reason: Secured Area Landholding Agency: Navy Landholding Agency: Navy 6 Bldgs. Property Number: 77199940027 Property Number: 77199940057 STOP 71⁄2 Compound, Naval Reservation Status: Excess Status: Excess San Juan Co: PR 34051– Reasons: Secured Area, Extensive Reason: Extensive deterioration Location: 448, 449, 450, 451, 452, 455 deterioration Bldg. H–45

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Naval Air Station Williamsburg VA 23185– Property Number: 77199920071 Corpus Christi Co: Nueces TX 78419–5021 Landholding Agency: Navy Status: Excess Landholding Agency: Navy Property Number: 77199830084 Reason: Extensive deterioration Property Number: 77199940058 Status: Unutilized Bldg. 454 Status: Excess Reasons: Secured Area, Extensive Norfolk Naval Shipyard Reason: Extensive deterioration deterioration Portsmouth Co: VA 23709– Bldg. H–54 Bldg. 1256 Landholding Agency: Navy Naval Air Station Naval Amphibious Base Little Creek Property Number: 77199920072 Corpus Christi Co: Nueces TX 78419–5021 Norfolk Co: VA 23521–2616 Status: Excess Landholding Agency: Navy Landholding Agency: Navy Reason: Extensive deterioration Property Number: 77199940059 Property Number: 77199910013 Bldg. 708 Status: Excess Status: Excess Norfolk Naval Shipyard Reason: Extensive deterioration Reason: Extensive deterioration Portsmouth Co: VA 23709– Virginia Bldg. W219 Landholding Agency: Navy Naval Base Norfolk Property Number: 77199920073 Fleet Training Center Norfolk Co: VA 23511– Status: Excess Fire Fighting Training Facility Landholding Agency: Navy Reason: Extensive deterioration SDA–323, SDA–324, SDA–325, SDA–326 Property Number: 77199910014 Bldg. 709 Norfolk, VA 23511– Status: Excess Norfolk Naval Shipyard Landholding Agency: Navy Reason: Secured Area Portsmouth Co: VA 23709– Property Number: 77199740010 Bldg. SP76AQ Landholding Agency: Navy Status: Unutilized Naval Air Station Property Number: 77199920074 Reason: Extensive deterioration Norfolk Co: VA 23511–2797 Status: Excess Bldg. 02 Landholding Agency: Navy Reason: Extensive deterioration Naval Weapons Station Property Number: 77199910051 Bldg. 710 Yorktown Co: York VA 23691– Status: Excess Norfolk Naval Shipyard Landholding Agency: Navy Reason: Extensive deterioration Portsmouth Co: VA 23709– Property Number: 77199810073 Bldg. CA502 Landholding Agency: Navy Status: Excess Naval Station Norfolk Property Number: 77199920075 Reason: Extensive deterioration Norfolk Co: VA 23511– Status: Excess Bldg. 2208 Landholding Agency: Navy Reason: Extensive deterioration Naval Medical Clinic Property Number: 77199910052 Bldg. 711 Quantico, VA Status: Excess Norfolk Naval Shipyard Landholding Agency: Navy Reason: Secured Area Portsmouth Co: VA 23709– Property Number: 77199820001 Bldg. 3074 Landholding Agency: Navy Status: Unutilized Marine Corps Base Property Number: 77199920076 Reason: Extensive deterioration Quantico Co: VA 22134– Status: Excess Bldgs. 358, 359 Landholding Agency: Navy Reason: Extensive deterioration Cheatham Annex Property Number: 77199920026 Bldg. 712 Williamsburg, VA 23185– Status: Unutilized Norfolk Naval Shipyard Landholding Agency: Navy Reason: Extensive deterioration Portsmouth Co: VA 23709– Property Number: 77199820023 Bldg. SC–319 Landholding Agency: Navy Status: Excess Armed Forces Staff College Property Number: 77199920077 Reason: Extensive deterioration Norfolk Naval Base Status: Excess Bldgs. CAD–43 Norfolk Co: VA 23511–1702 Reason: Extensive deterioration Cheatham Annex Landholding Agency: Navy Bldg. 713 Williamsburg, VA 23185– Property Number: 77199920067 Norfolk Naval Shipyard Landholding Agency: Navy Status: Excess Portsmouth Co: VA 23709– Property Number: 77199820024 Reason: Extensive deterioration Landholding Agency: Navy Status: Excess Bldg. 449 Property Number: 77199920078 Reason: Extensive deterioration Norfolk Naval Shipyard Status: Excess Bldg. CAD–102 Portsmouth Co: VA 23709– Reason: Extensive deterioration Cheatham Annex Landholding Agency: Navy Bldg. 714 Williamsburg, VA 23185– Property Number: 77199920068 Norfolk Naval Shipyard Landholding Agency: Navy Status: Excess Portsmouth Co: VA 23709– Property Number: 77199820025 Reason: Extensive deterioration Landholding Agency: Navy Status: Excess Bldg. 450 Property Number: 77199920079 Reason: Extensive deterioration Norfolk Naval Shipyard Status: Excess Bldg. CAD–102A Portsmouth Co: VA 23709– Reason: Extensive deterioration Cheatham Annex Landholding Agency: Navy Bldg. 715 Williamsburg VA 23185– Property Number: 77199920069 Norfolk Naval Shipyard Landholding Agency: Navy Status: Excess Portsmouth Co: VA 23709– Property Number: 77199820026 Reason: Extensive deterioration Landholding Agency: Navy Status: Excess Bldg. 451 Property Number: 77199920080 Reason: Extensive deterioration Norfolk Naval Shipyard Status: Excess Bldg. CAD–127 Portsmouth Co: VA 23709– Reason: Extensive deterioration Cheatham Annex Landholding Agency: Navy Bldg. 716 Williamsburg VA 23185– Property Number: 77199920070 Norfolk Naval Shipyard Landholding Agency: Navy Status: Excess Portsmouth Co: VA 23709– Property Number: 77199820027 Reason: Extensive deterioration Landholding Agency: Navy Status: Excess Bldg. 453 Property Number: 77199920081 Reason: Extensive deterioration Norfolk Naval Shipyard Status: Excess Bldg. CAD–40 Portsmouth Co: VA 23709– Reason: Extensive deterioration Cheatham Annex Landholding Agency: Navy Bldg. 717

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Norfolk Naval Shipyard Coal Handling Facilties Landholding Agency: Navy Portsmouth Co: VA 23709– Puget Sound Naval Shipyard Property Number: 77199930022 Landholding Agency: Navy #908, 919, 926–929 Status: Excess Property Number: 77199920082 Bremerton WA 98314–5000 Reasons: Within 2000 ft. of flammable or Status: Excess Landholding Agency: Navy explosive material, Secured Area, Reason: Extensive deterioration Property Number: 77199820142 Extensive deterioration Bldg. 718 Status: Excess Bldg. 527 Norfolk Naval Shipyard Reason: Within 2000 ft. of flammable or Naval Station Bremerton Portsmouth Co: VA 23709– explosive material Bremerton Co: WA 98314– Landholding Agency: Navy Bldg. 193 Landholding Agency: Navy Property Number: 77199920083 Puget Sound Naval Shipyard Property Number: 77199930023 Status: Excess Bremerton WA 98310– Status: Excess Reason: Extensive deterioration Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Bldg. 1454 Property Number: 77199820143 explosive material, Secured Area Norfolk Naval Shipyard Status: Unutilized Bldg. 97 Portsmouth Co: VA 23709– Reason: Contamination Naval Air Station Landholding Agency: Navy Bldg. 202 Whidbey Island Property Number: 77199920084 Naval Air Station Whidbey Island Oak Harbor Co: WA 98278– Status: Excess Oak Harbor WA 98278– Landholding Agency: Navy Reason: Extensive deterioration Landholding Agency: Navy Property Number: 77199930040 Bldg. 3170 Property Number: 77199830019 Status: Unutilized Marine Corps Base Status: Excess Reason: Extensive deterioration Quantico Co: VA 22134– Reason: Within 2000 ft. of flammable or Bldg. 331 Landholding Agency: Navy explosive material Naval Undersea Warfare Center Property Number: 77199940064 Bldg. 2649 Keyport Co: Kitsap WA 98345– Status: Unutilized Naval Air Station Whidbey Island Landholding Agency: Navy Reason: Extensive deterioration Oak Harbor WA 98278– Property Number: 77199930041 Bldgs. 1252, 1277 Landholding Agency: Navy Status: Unutilized Marine Corps Base Property Number: 77199830020 Reasons: Secured Area, Extensive Quantico Co: VA 22134– Status: Excess deterioration Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Bldg. 786 Property Number: 77199940065 explosive material, Extensive deterioration Naval Undersea Warfare Center Status: Unutilized Bldg. 35, 36 Keyport Co: Kitsap WA 98345– Reason: Extensive deterioration Naval Radio Station T Jim Creek Landholding Agency: Navy Washington Arlington Co: Snohomish WA 98223– Property Number: 77199930042 Landholding Agency: Navy Status: Unutilized Bldg. 6661 Property Number: 77199830076 Reasons: Secured Area, Extensive Naval Submarine Base, Bangor Status: Unutilized deterioration Silverdale Co: Kitsap WA 98315–6499 Reason: Extensive deterioration Bldg. 15 Landholding Agency: Navy Naval Air Station, Whidbey Island Property Number: 77199730039 Bldg. 918 Oak Harbor Co: WA 98278–3500 Status: Unutilzied Puget Sound Naval Shipyard Reason: Secured Area Bremerton WA 98314–5000 Landholding Agency: Navy Property Number: 77199930071 Bldg. 604 Landholding Agency: Navy Property Number: 77199840020 Status: Unutilized Manchester Fuel Department Reason: Extensive deterioration Port Orchard WA 98366– Status: Unutilized Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Bldg. 119 Property Number: 77199810170 explosive material, Secured Area Naval Air Station, Whidbey Island Status: Excess Bldg. 894 Oak Harbor Co: WA 98278–3500 Reason: Within 2000 ft. of flammable or Naval Undersea Warfare Center Landholding Agency: Navy explosive material, Secured Area Keyport Co: Kitsap WA 98345–7610 Property Number: 77199930072 Landholding Agency: Navy Status: Unutilized Bldg. 288 Reason: Extensive deterioration Fleet Industrial Supply Center Property Number: 77199920085 Bremerton WA 98314–5100 Status: Underutilized Bldg. 853 Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Naval Air Station, Whidbey Island Property Number: 77199810171 explosive material, Secured Area Oak Harbor Co: WA 98278–3500 Status: Excess Bldg. 73 Landholding Agency: Navy Reason: Within 2000 ft. of flammable or Naval Undersea Warfare Center Property Number: 77199930073 explosive material, Secured Area Keyport Co: Kitsap WA 98345— Status: Unutilized Reason: Extensive deterioration Bldg. 47 Landholding Agency: Navy Naval Radio Station T Jim Creek Property Number: 77199920152 Bldg. 854 Arlington Co: Snohomish WA 98223– Status: Underutilized Naval Air Station, Whidbey Island Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Oak Harbor Co: WA 98278–3500 Property Number: 77199820056 explosive material, Secured Area Landholding Agency: Navy Status: Unutilized Bldg. 210A Property Number: 77199930074 Reason: Secured Area, Extensive Naval Station Bremerton Status: Unutilized deterioration Bremerton Co: WA 98314— Reason: Extensive deterioration Bldg. 48 Landholding Agency: Navy Bldg. 166 Naval Radio Station T Jim Creek Property Number: 77199930021 Puget Sound Naval Shipyard Arlington Co: Snohomish WA 98223– Status: Excess Bremerton Co: WA 98314–5000 Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Property Number: 77199820057 explosive material, Secured Area Property Number: 77199930101 Status: Unutilized Bldg. 511 Status: Excess Reason: Secured Area, Extensive Naval Station Bremerton Reason: Secured Area deterioration Bremerton Co: WA 98314— Bldg. 287

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Puget Sound Naval Shipyard Portion/Off Heritage Road North Carolina Bremerton Co: WA 98314–5000 San Diego CA 90012–1408 0.85 parcel of land Landholding Agency: Navy Landholding Agency: Navy Property Number: 77199930102 Marine Corps Air Station, Property Number: 77199820049 Cherry Point Status: Excess Status: Excess Reason: Secured Area Havelock Co: Craven NC 28533– Reason: Within 2000 ft. of flammable or Landholding Agency: Navy Bldg. 418 explosive material Puget Sound Naval Shipyard Property Number: 77199740074 Land Bremerton Co: WA 98314–5000 Status: Unutilized Landholding Agency: Navy Naval Construction Battalion Center Reason: Secured Area Port Hueneme Co: Ventura CA 93043–4301 Property Number: 77199930103 Washington Status: Excess Landholding Agency: Navy Reason: Secured Area Property Number: 77199940001 Land-Port Hadlock Detachment Bldg. 858 Status: Underutilized Naval Ordnance Center Puget Sound Naval Shipyard Reason: Secured Area Pacific Division Bremerton Co: WA 98314–5000 Maryland Port Hadlock Co: Jefferson WA 98339– Landholding Agency: Navy Landholding Agency: Navy Property Number: 77199930104 6 Acres Property Number: 77199640019 Status: Excess Naval Air Station Status: Underutilized Reason: Secured Area Patuxent River Co: MD 20670– Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Land (by State) explosive material, Secured Area Property Number: 77199940023 California Status: Unutilized [FR Doc. 00–6989 Filed 3–23–00; 8:45 am] Space Surv. Field Station Reason: Secured Area BILLING CODE 4210±29±M

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Part V

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Contiguous U.S. Distinct Population Segment of the Canada Lynx and Related Rule; Final Rule

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DEPARTMENT OF THE INTERIOR long legs and large feet make it highly the lynx is highly adapted (Ruggiero et adapted for hunting in deep snow. al. 1999b). Fish and Wildlife Service The bobcat (Lynx rufus) is a North We consider lynx in the contiguous American relative of the lynx. United States to be part of a larger 50 CFR Part 17 Compared to the lynx, the bobcat has metapopulation whose core is located in RIN 1018±AF03 smaller paws, shorter ear tufts, and a the northern boreal forest of central more spotted pelage (coat), and only the Canada; lynx populations emanate from Endangered and Threatened Wildlife top of the tip of the tail is black. The this area (Buskirk et al. 1999b; and Plants; Determination of paws of the lynx have twice the surface McKelvey et al. 1999a, 1999b). The Threatened Status for the Contiguous area as those of the bobcat (Quinn and boreal forest extends south into the U.S. Distinct Population Segment of Parker 1987). The lynx also differs in its contiguous United States along the the Canada Lynx and Related Rule body proportions in comparison to the Cascade and Rocky Mountain Ranges in bobcat. Lynx have longer legs, with hind the West, the western Great Lakes AGENCY: Fish and Wildlife Service, legs that are longer than the front legs, Region, and along the Appalachian Interior. giving the lynx a ‘‘stooped’’ appearance Mountain Range of the northeastern ACTION: Final rule. (Quinn and Parker 1987). Bobcats are United States. At its southern margins, largely restricted to habitats where deep the boreal forest becomes naturally SUMMARY: We, the U.S. Fish and snows do not accumulate (Koehler and fragmented into patches of varying size Wildlife Service (Service), determine Hornocker 1991). Hybridization as it transitions into other vegetation threatened status for the contiguous U.S. (breeding) between lynx and bobcat is types. These southern boreal forest Distinct Population Segment of the not known (Quinn and Parker 1987). habitat patches are small relative to the Canada lynx (Lynx canadensis), with a Classification of the Canada lynx (also extensive northern boreal forest of special rule, pursuant to the Endangered Canada and Alaska, which constitutes Species Act of 1973, as amended. This called the North American lynx) has been subject to revision. In accordance the majority of the lynx range. population segment occurs in forested Many of these southern boreal forest with Wilson and Reeder (1993), we portions of the States of Colorado, habitat patches within the contiguous currently recognize the lynx in North Idaho, Maine, Michigan, Minnesota, United States are able to support America as Lynx canadensis. We Montana, New Hampshire, New York, resident populations of lynx and their previously used the latin name L. lynx Oregon, Utah, Vermont, Washington, primary prey species. It is likely that canadensis for the lynx (Jones et al. and Wisconsin. The contiguous U.S. some of the habitat patches act as 1992; S. Williams, Texas Tech Distinct Population Segment of the lynx sources of lynx (recruitment is greater is threatened by the inadequacy of University, pers. comm. 1994). Other than mortality) that are able to disperse existing regulatory mechanisms. Current scientific names still in use include and potentially colonize other patches U.S. Forest Service Land and Resource Felis lynx or F. lynx canadensis (Jones (McKelvey et al. 1999a). Other habitat Management Plans include programs, et al. 1986; Tumlison 1987). patches act as ‘‘sinks’’ where lynx practices, and activities within the The historical and present range of mortality is greater than recruitment and authority and jurisdiction of Federal the lynx north of the contiguous United lynx are lost from the overall land management agencies that may States includes Alaska and that part of population. The ability of naturally threaten lynx or lynx habitat. The lack Canada that extends from the Yukon dynamic habitat to support lynx of protection for lynx in these Plans and Northwest Territories south across populations may change as the habitat render them inadequate to protect the the United States border and east to undergoes natural succession following species. New Brunswick and Nova Scotia. In the natural or manmade disturbances (i.e., contiguous United States, lynx fire, clearcutting). In addition, EFFECTIVE DATE: April 24, 2000. historically occurred in the Cascades fluctuations in the prey populations ADDRESSES: The complete file for this Range of Washington and Oregon; the may cause some habitat patches to rule is available for inspection, by Rocky Mountain Range in Montana, change from being sinks to sources and appointment, during normal business Wyoming, Idaho, eastern Washington, vice versa. Throughout this document, hours at the Montana Field Office, U.S. eastern Oregon, northern Utah, and we use the term ‘‘resident population’’ Fish and Wildlife Service, 100 N. Park Colorado; the western Great Lakes to refer to a group of lynx that has Avenue, Suite 320, Helena, Montana Region; and the northeastern United exhibited long-term persistence in an 59601. States region from Maine southwest to area based on a variety of factors, such FOR FURTHER INFORMATION CONTACT: New York (McCord and Cardoza 1982; as evidence of reproduction, successful Kemper McMaster, Field Supervisor, Quinn and Parker 1987) (see recruitment into the breeding cohort, Montana Field Office (see ADDRESSES ‘‘Distribution and Status’’ section). and maintenance of home ranges. We section) (telephone 406/449–5225; In the contiguous United States, the use the word ‘‘transient’’ to refer to a facsimile 406/449–5339). distribution of the lynx is associated lynx moving from one place to another with the southern boreal forest, within suitable habitat. Another word Background comprising of subalpine coniferous we use throughout the document is The Canada lynx, hereafter referred to forest in the West and primarily mixed ‘‘dispersing,’’ which refers to lynx that as lynx, is a medium-sized cat with long coniferous/deciduous forest in the East have left suitable habitat for various legs; large, well-furred paws; long tufts (Aubry et al. 1999) (see ‘‘Distribution reasons, such as competition or lack of on the ears; and a short, black-tipped and Status’’ section); whereas in Canada food. When dispersing lynx leave tail (McCord and Cardoza 1982). Adult and Alaska, lynx inhabit the classic suitable habitat and enter habitats that males average 10 kilograms (22 pounds) boreal forest ecosystem known as the are unlikely to sustain lynx, these in weight and 85 centimeters (33.5 taiga (McCord and Cardoza 1982; Quinn individuals are considered lost from the inches) in length (head to tail), and and Parker 1987; Agee 1999; McKelvey metapopulations unless they return to females average 8.5 kilograms (19 et al. 1999b). Within these general forest boreal forest. pounds) and 82 centimeters (32 inches) types, lynx are most likely to persist in Lynx use large woody debris, such as (Quinn and Parker 1987). The lynx’s areas that receive deep snow, for which downed logs and windfalls, to provide

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16053 denning sites with security and thermal disease, fire, wind, ice, or insects, and 1999b). Hodges (1999b) proposes that cover for kittens (McCord and Cardoza the understory grows (Buskirk et al. northern and southern hare populations 1982; Koehler 1990; Koehler and Brittell 1999b). Lynx concentrate their hunting have similar cyclic dynamics but that in 1990; Squires and Laurion 1999; J. activities in areas where hare activity is southern areas both peak and low Organ, U.S. Fish and Wildlife Service, relatively high (Koehler et al. 1979; densities are lower than in the north. in litt. 1999). For lynx den sites, the age Parker 1981; Ward and Krebs 1985; Snowshoe hares are generally associated of the forest stand does not seem as Major 1989; Murray et al. 1994; with conifer forest cover types (Hodges important as the amount of downed, O’Donoghue et al. 1997, 1998a). 1999b). Relatively low snowshoe hare woody debris available (Mowat et al. The association between lynx and densities at southern latitudes are likely 1999). In Washington, lynx used Pinus snowshoe hare is considered a classic a result of the naturally patchy, contorta (lodgepole pine), Picea spp. predator-prey relationship (Saunders transitional boreal habitat at southern (spruce), and Abies lasiocarpa 1963; van Zyll de Jong 1966; Quinn and latitudes that prevents hare populations (subalpine fir) forests older than 200 Parker 1987). In northern Canada and from achieving densities similar to those years with an abundance of downed Alaska, lynx populations fluctuate on of the expansive northern boreal forest woody debris for denning (Koehler approximately 10-year cycles that (Wolff 1980; Buehler and Keith 1982; 1990). A den site in Wyoming was follow the cycles of hare populations Koehler 1990; Koehler and Aubry 1994). located in a mature subalpine fir/ (Elton and Nicholson 1942; Hodges Additionally, the presence of more lodgepole pine forest with abundant 1999a, 1999b; McKelvey et al. 1999b). predators and competitors of hares at downed logs and a high amount of Generally, researchers believe that when southern latitudes may inhibit the horizontal cover (Squires and Laurion hare populations are at their cyclic high, potential for high-density hare 1999). A lynx den site found in Maine depletion of food resources exacerbated populations with extreme cyclic in 1999 was located in a forest stand in by predation cause hare populations to fluctuations (Wolff 1980). If snowshoe Picea rubra (red spruce) cover type that decline drastically (Buehler and Keith hare populations in southern boreal was logged in 1930 and again in the 1982; Krebs et al. 1995; O’Donoghue et forests do fluctuate (Hodges 1999b), 1980s (J. Organ, in litt. 1999). The site al. 1997). Snowshoe hare provide the then southern lynx populations also is regenerating into hardwoods and has quality prey necessary to support high- may be expected to fluctuate. a dense understory (J. Organ, in litt. density lynx populations (Brand and Therefore, lynx densities at the 1999). The dominant feature of the Keith 1979). Lynx also prey southern part of the range never achieve Maine site was the abundance of dead opportunistically on other small the high densities that occur in the and downed wood (J. Organ, in litt. mammals and birds, particularly when northern boreal forest (Aubry et al. 1999). hare populations decline (Nellis et al. 1999). Comparisons between Canadian The size of lynx home ranges varies 1972; Brand et al. 1976; McCord and and contiguous U.S. lynx harvest by the animal’s gender, abundance of Cardoza 1982; O’Donoghue 1997, returns and snowshoe hare densities prey, season, and the density of lynx 1998a). Red squirrels (Tamiasciurus over time suggest lynx numbers and populations (Hatler 1988; Koehler 1990; hudsonicus) are an important alternate snowshoe hare densities for the Poole 1994; Slough and Mowat 1996; prey (O’Donoghue 1997;1998a; Apps contiguous United States are Aubry et al. 1999; Mowat et al. 1999). 1999; Aubry et al. 1999). In the Yukon, substantially lower than those for Documented home ranges vary from 8 to lynx shifted to red squirrels when hare Canadian provinces (Hodges 1999a, 800 square kilometers (3 to 300 square numbers began to decline (O’Donoghue 1999b; McKelvey et al. 1999b). We miles) (Saunders 1963; Brand et al. 1998a, 1998b). However, a shift to conclude that historic and current lynx 1976; Mech 1980; Parker et al. 1983; alternate food sources may not densities in the contiguous United Koehler and Aubry 1994; Apps 1999; compensate for the decrease in hares States also are naturally low relative to Mowat et al. 1999; Squires and Laurion consumed (Koehler and Aubry 1994). In lynx densities in the northern boreal 1999). Preliminary research supports the northern regions, when hare densities forest. hypothesis that lynx home ranges at the decline, the lower quality diet causes Researchers believe cyclic increases southern extent of the species’ range are sudden decreases in the productivity of in historic lynx harvest numbers in the generally large compared to those in the adult female lynx and decreased contiguous United States were northern portion of the range in Canada survival of kittens, which causes the augmented by dispersal of transient (Koehler and Aubry 1994; Apps 1999; numbers of breeding lynx to level off or animals from Canadian populations Squires and Laurion 1999). decrease (Nellis et al. 1972; Brand et al. (Gunderson 1978; Henderson 1978; Lynx are highly specialized predators 1976; Brand and Keith 1979; Poole Mech 1980; McKelvey et al. 1999b). The whose primary prey is the snowshoe 1994; Slough and Mowat 1996; opinion of some individuals and hare (Lepus americanus), which has O’Donoghue et al. 1997). agencies is that presence of lynx in evolved to survive in areas that receive Relative densities of snowshoe hares some regions of the contiguous United deep snow (Bittner and Rongstad 1982). at southern latitudes are generally lower States, particularly the Great Lakes, is Snowshoe hares use forests with dense than those in the north, which has led solely a consequence of dispersal from understories that provide forage, cover to differing interpretations of the Canada (G. Meyer, Wisconsin to escape from predators, and protection population dynamics of snowshoe hare Department of Natural Resources, in litt. during extreme weather (Wolfe et al. populations. At southern latitudes hare 1998; R. Sando, Minnesota Department 1982; Monthey 1986; Hodges populations may be—(1) noncyclic, (2) of Natural Resources, in litt. 1998). Lynx 1999a,1999b). Generally, earlier cyclic like northern populations, (3) are capable of dispersing extremely long successional forest stages have greater cyclic with the high and low population distances (Mech 1977; Brainerd 1985; understory structure than do mature numbers closer to the average Washington Department of Wildlife forests and therefore support higher population numbers, or (4) cyclic with 1993); for example, a male was hare densities (Hodges 1999a,1999b). a fluctuating periodicity (length of time documented traveling 616 kilometers However, mature forests can also between peaks and lows) (Dolbeer and (370 miles) (Brainerd 1985). Lynx provide snowshoe hare habitat as Clark 1975; Wolff 1980; Buehler and disperse primarily when snowshoe hare openings develop in the canopy of Keith 1982; Brittell et al. 1989; Koehler populations decline (Ward and Krebs mature forests when trees succumb to 1990; Koehler and Aubry 1994; Hodges 1985; Koehler and Aubry 1994;

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O’Donoghue et al. 1997; Poole 1997). many of these records is unknown; reported within the contiguous United Subadult lynx disperse even when prey trapping records may have errors, track States. is abundant (Poole 1997), presumably as identification is extremely difficult, and Within the contiguous United States, an innate response to establish home observations may be wrong. Long-term the lynx range extends into different ranges. An extreme example of the trapping data have been used to regions that are separated from each apparent emigration of lynx from understand population trends for other by ecological barriers consisting of Canada to the contiguous United States various species; however, because unsuitable lynx habitat. These regions is the numerous occurrences of lynx trapper effort can change, trapping are the Northeast, the Great Lakes, the that were frequently documented in returns may not accurately reflect Northern Rocky Mountains/Cascades, atypical habitat, such as in North population trends. Data showing few and the Southern Rocky Mountains. In Dakota, during the early 1960s and lynx trapped could be a result of general, lynx in each of these regions are 1970s. In these years harvest returns decreased trapper effort, not necessarily associated with habitats that are indicated unprecedented cyclic lynx a decreased population. These factors southern extensions of the boreal forest highs for the 20th century in Canada hamper our understanding of lynx (Aubry et al. 1999). Differences in local (Adams 1963; Harger 1965; Mech 1973; population dynamics and status in the climate, primarily precipitation, and Gunderson 1978; Thiel 1987; McKelvey contiguous United States and preclude effects of elevation have resulted in et al. 1999b). We believe that many of us from drawing definitive conclusions climax forest types that differ in the these animals were dispersing and were about lynx population trends. Data are eastern regions compared to the West either lost from the population because too incomplete to infer much beyond (Buskirk et al. 1999b). The climax forest they were in areas that are unable to simple occurrence (McKelvey et al. in the East is primarily deciduous or support lynx or they were able to return 1999b) and distribution of lynx in the mixed deciduous/coniferous whereas in to suitable habitat. contiguous United States. However, the West the climax forest is coniferous (Buskirk et al. 1999b). While the four Distribution and Status despite these difficulties, trapping data is the best information available on lynx regions of lynx range in the contiguous The complexities of lynx life-history presence throughout much of its range United States are ecologically unique and population dynamics, combined in the contiguous United States and and discreet, in each of these regions the with a general lack of reliable historic or therefore was relied upon in our lynx is associated with the southern current lynx data for the contiguous analysis. boreal forest and, with the exception of United States, make it difficult for us to Data that would help us determine the Southern Rockies, they are each ascertain the past or present population whether resident populations of lynx geographically connected to the much status of lynx in the contiguous United existed historically or exist currently in larger population of lynx in Canada. For States. Lynx population dynamics in the a more detailed description of the many States are generally unavailable. contiguous United States may not be the significance of each region within the Given the available data and the same as in the northern boreal forests of overall U.S. population, see the propensity of lynx to disperse, at this Canada and Alaska. Regarding lynx in ‘‘Distinct Population Segment’’ section. the northern boreal forests of Canada time it is impossible to determine with Northeast Region—Based on an and Alaska, we know the following— certainty whether reports of lynx in analysis of cover types and elevation northern lynx populations undergo many States were—(1) merely zones containing most of the lynx extreme fluctuations in response to dispersing animals from northern occurrences, McKelvey et al. (1999b) snowshoe hare population cycles; lynx populations that were effectively lost determined that, at the broad scale, most disperse when hare populations decline; from the metapopulation because they lynx occurrence records in the lynx are capable of dispersing long did not join or establish resident Northeast were found within the distances; recruitment of young into the populations, (2) animals that were a part ‘‘Mixed Forest-Coniferous Forest- population seems to cease during cyclic of a resident population that persisted Tundra’’ cover type at elevations lows of snowshoe hare populations; and for many generations, or (3) a mixture of ranging from 250 to 750 meters (820 to lynx maintain home ranges (Mowat et both members of resident populations 2,460 feet). This habitat type in the al. 1999). We do not know the extent to and dispersing animals. northeast U.S. occurs along the northern which the northern lynx populations There are several plausible Appalachian Mountain range from influence lynx occurrence in the explanations for a lack of lynx records, southeastern Quebec, western New contiguous United States. Because of the such as (1) the true absence of lynx, (2) Brunswick, and western Maine, south naturally fragmented habitat and lower lynx populations are at a cyclic low, (3) through northern New Hampshire. This density hare populations in the lack of adequate surveys, or (4) habitat type becomes naturally more contiguous United States, we expect decreased trapper effort. We suspect fragmented and begins to diminish to lynx in the contiguous United States to that some areas in the contiguous the south and west, with a disjunct occur at naturally lower densities than United States naturally act as ‘‘sinks’’ segment running north-south through in the north. for lynx where mortality is higher than Vermont, an extensive patch of habitat Historic lynx data in the contiguous recruitment and lynx are lost from the in the Adirondacks of northern New United States are scarce and exist overall population (McKelvey et al. York, and with a few more distant and primarily in the form of trapping 1999a). Sink habitats are most likely isolated patches in Pennsylvania (see records. Many States did not those places on the periphery of the Figure 8.23 in McKelvey et al. 1999b). differentiate between bobcats and lynx southern boreal forest in the contiguous Within this habitat type, the highest in trapping records, referring to both as United States where habitat becomes frequency of lynx occurrences were in ‘‘lynxcats.’’ Therefore, long-term lynx more fragmented and more distant from the Picea rubens (red spruce), Abies trapping data is not available for most larger lynx populations. balsamea (balsam fir), Acer saccharum States. Surveys designed specifically for In the following discussions, we (sugar maple), Betula spp. (birch), Fagus lynx were rarely conducted, and many describe available lynx data, habitat, grandifolia (beech) forest (McKelvey et reports (e.g., visual observations, snow and other elements that frame our al. 1999b). tracks) of lynx were collected incidental understanding of lynx in the various The entire region south of the St. to other activities. The reliability of regions and States where lynx have been Lawrence River must be considered in

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16055 an assessment of lynx in the hunting or trapping seasons for lynx are Wildlife 1987). In fact, we have no northeastern United States. Movement closed. evidence of a breeding population ever of lynx across the St. Lawrence River is Although no reliable population occurring in Vermont. Since 1972, the believed to occur infrequently (R. estimates exist, in 1994 it was suggested lynx has been listed by the State as Lafond, Quebec Ministry of the that 200 animals or fewer occur endangered. The last verified Environment, pers. comm. 1999); Statewide (Maine Department of Inland occurrence was from 1968, with therefore, emigration from lynx Fisheries and Wildlife 1994). Lynx periodic reports since then. Vermont populations of northern Quebec to the tracks were detected during track naturally supports less lynx habitat than region south of the St. Lawrence River surveys in the 1990s (Maine Department we previously presumed, based on is limited. However, northeastern U.S. of Inland Fisheries and Wildlife, in litt. analyses by McKelvey et al. (1999b). lynx and snowshoe hare habitat and 1997, 1998). In 1999, Maine and Service Furthermore, lynx habitat in Vermont is populations are contiguous with those biologists radio-collared six lynx, three somewhat isolated from that in New south of the St. Lawrence River in adult males and three adult females, and Hampshire. The State of Vermont southeastern Quebec and western New recorded two sub-adults and two kittens currently considers lynx to be extirpated Brunswick and, presumably, together associated with radio-collared adults. (A. Elser, Vermont Department of Fish constitute a metapopulation. Lynx This finding established with certainty and Wildlife, in litt. 1998). Therefore, should encounter little difficulty current reproduction in Maine (J. Organ, we conclude that lynx occurrence in moving between southeastern Quebec in litt. 1999) and indicates the existence Vermont is poorly documented, and, and Maine and New Hampshire, of a resident population. However, based upon the limited extent and because habitat is continuous and available data are not adequate for dispersed nature of suitable habitat, without barriers. In this region, we determining either population trend lynx were probably never abundant or conclude the core of lynx habitat (increasing or decreasing) or size. persistent over time. Currently, lynx are historically was found in western New Hampshire—New Hampshire is not thought to occur in Vermont. Maine, northern New Hampshire, the only northeastern State that New York—Historically, lynx southeastern Quebec, and western New maintained a record of historic lynx reportedly occurred in most northern Brunswick. harvest (Orff 1985 in McKelvey et al. regions of New York, particularly in the Harvest records from southeastern 1999b; see Figure 8.1 in McKelvey et al. Adirondack Mountains and the Catskill Quebec provide evidence that lynx 1999b). Lynx were intermittently Mountains (McKelvey et al. 1999b; K. persist in this region. Quebec instituted bountied in New Hampshire until 1965. Gustafson, pers. comm. 1994). Miller a lynx management plan requiring that Most of the lynx harvest occurred in the (1899 in Brocke 1982) believed that, by trapping seasons for lynx be closed for 1930s, ranging from 1 to 20 per year. the 1880s, the population was 3 years during the lows in the cycles; Between 1940 and 1964, lynx harvests approaching extirpation. McKelvey et most recently these seasons were closed were lower, ranging from 0 to 3 lynx al. (1999b) found 23 verified lynx during 1995, 1996, and 1997 being caught per year. For 11 years, the occurrences since 1900, primarily from (Environment et faune Quebec 1995). harvest was zero (McKelvey et al. the Adirondack Mountains. The most Outside of these closed seasons, harvest 1999b). The trapping season was closed recent verified record was from 1973 returns in the 1990s ranged from 100 (in in 1964 in response to apparent declines (McKelvey et al. 1999b). Historically, 1990 and 1993) to nearly 275 (in 1998) in lynx abundance reflected in harvest the Adirondacks apparently supported (R. Lafond, in litt. 1999). In New returns (Siegler 1971; Silver 1974; lynx habitat, although it was isolated Brunswick, the lynx has been listed as Litvaitis et al. 1991). Since 1980, the from habitats and lynx populations to endangered since 1982; during 1996 lynx has been listed as an endangered the north. revisions, it was categorized as a species by the New Hampshire An effort to reintroduce lynx into the ‘‘regionally endangered species’’ Department of Fish and Game. Winter Adirondack Mountains occurred during (Cumberland et al. 1998). Although the track surveys in 1986 in portions of the 1988–1990 (Brocke et al. 1990; D. Major, lynx harvest season in New Brunswick White Mountain National Forest did not U.S. Fish and Wildlife Service, pers. has been closed, lynx were incidentally detect lynx (Litvaitis et al. 1991). comm. 1998), but the reintroduction is caught throughout the 1990s, evidence Litvaitis et al. (1991) hypothesized that believed to have failed. A collared lynx of the continued occurrence of lynx in lynx were extirpated from New from the reintroduction effort was found New Brunswick (Cumberland et al. Hampshire as increasing agriculture and near Ottawa, Ontario, Canada (M. 1998). timber harvesting in the 1970s Amaral, U.S. Fish and Wildlife Service, Maine—In Maine, lynx accounts are precluded them from dispersing into the pers. comm. 1997) and another as far irregular and anecdotal (McKelvey et al. State from southeastern Quebec. Only away as northern New Jersey (K. 1999b; Maine Department of Inland two reports of lynx in New Hampshire Gustafson, New Hampshire Fish and Fisheries and Wildlife, in litt. 1997; R. exist for the 1990s (M. Amaral, U.S. Fish Game Department, pers. comm. 2000). Joseph, U.S. Fish and Wildlife Service, and Wildlife Service, in litt. 1999). No verified occurrences in New York in litt. 1999). Twenty-eight verified Although lynx reports are scarce, to our have been reported recently. In New records exist for Maine since 1862 knowledge, no lynx surveys have been York, lynx are legally classified as a (McKelvey et al. 1999b). Anecdotal completed in New Hampshire in recent small game species with a closed information plus historical and recent years. Therefore, we suspect that lynx season. We conclude the lynx is records provide evidence of presence, are present in New Hampshire because extirpated from New York. reproduction, and persistence of lynx in habitat remains contiguous with Maine. Pennsylvania/Massachusetts—In the several northern and western townships Vermont—In Vermont, only four proposed rule, Pennsylvania and (R. Joseph, in litt. 1999), indicating the verified records of historic lynx Massachusetts were considered to be a historical residency of lynx. Lynx had a occurrence exist (McKelvey et al. part of the historic range of lynx. bounty placed on them in Maine from 1999b). In the mid-1900s, it was However, the inherent isolation and 1832 to the closure of hunting and reported that Vermont had not had a small sizes of habitat patches both trapping seasons in 1967. Maine documented breeding population of currently and historically, combined classifies lynx as a species of special lynx for several decades (Osgood 1938 with the few accounts of lynx concern (Matula 1997), and currently in Vermont Department of Fish and occurrence in these States, led us to

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16056 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations conclude that lynx were merely Although the mixed deciduous- year period (1930–1976), the Minnesota dispersing animals in these States (J. coniferous forest covers an extensive lynx harvest was substantial, ranging Belfonti, The Nature Conservancy, in area in this region, we consider much of from 0 to 400 per year (Henderson litt. 1994). Without the habitat and prey this area to be marginal habitat for lynx 1978). These harvest returns for to support lynx, we concluded that because it is a transitional forest type at Minnesota are believed to be influenced these animals were lost from the gene the edge of the snowshoe hare range. by influxes from Canada, particularly in pool and that Pennsylvania and Habitat at the edge of hare range recent decades (Henderson 1978; Mech Massachusetts were not within the supports lower hare densities (Buehler 1980; McKelvey et al. 1999b; M. historic range of lynx. and Keith 1982) that may not be DonCarlos, in litt. 1994). When an In summary, we have firm sufficient to support lynx reproduction. anticipated lynx cyclic high for the early documentation that lynx occur in Maine Furthermore, snow depths within 1980s did not occur, the harvest season and that they are reproducing. We appropriate habitat that allow lynx a was closed in 1984 (M. DonCarlos, in conclude that a resident lynx competitive advantage over other litt. 1994) and remains closed today. population historically occurred and carnivores (i.e., coyotes (Canis latrans)) Outside of harvest data, 76 verified lynx currently occurs in Maine. Lynx occur only in limited areas in records exist for Minnesota (McKelvey historically occurred in New northeastern Minnesota, extreme et al. 1999b). Hampshire, but recent records of lynx northern Wisconsin, and Michigan’s With available data, we cannot verify occurrence in New Hampshire are rare. upper peninsula. whether a resident population existed Suitable habitat exists contiguous to The historic and current status of lynx historically in Minnesota. Reproduction Maine. Historically, Vermont and New in the Great Lakes Region is uncertain. and maintenance of home ranges by York have had relatively few records of Minnesota has a substantial number of lynx was documented in the early 1970s lynx and none exist from the 1990s, lynx reports, primarily trapping records (Mech 1973, 1980), which may be with the exception of animals (McKelvey et al. 1999b), as expected evidence of the existence of a resident introduced into New York. It is possible because of the connectivity of the boreal population. The early 1970s also were a that lynx have been extirpated from forest with that of Ontario, Canada, period when the second highest lynx New Hampshire, Vermont, and New where lynx occur. Wisconsin and harvest returns in the 20th century York. We no longer include Michigan have substantially fewer occurred throughout Canada. High Pennsylvania and Massachusetts within records of lynx (McKelvey et al. 1999b). numbers of lynx trapped in Minnesota the historic range of lynx because these Researchers have debated whether lynx during this period were likely due in States are isolated from resident in this region are simply dispersing lynx part to immigrants from Canada populations and lack suitable habitat. emigrating from Canada, are members of (McKelvey et al. 1999b). Lynx were Therefore, we concluded that the low a resident population, or are a consistently trapped over 40 years number of lynx occurrence records combination of a resident population during cyclic lows, which may indicate represented dispersing animals that and dispersing individuals (McKelvey et that a small resident population were likely lost from the population. al. 1999b; R. Sando, Minnesota occurred historically. We conclude, based on Department of Natural Resources, in litt. documentation of lynx reproduction 1998). In recent decades, lynx dynamics Current information is insufficient to and individual animals in Maine, the in the Great Lakes appear to have been determine whether a resident substantive lynx harvest in southeastern driven by immigration because lynx population of lynx exists in Minnesota Quebec, and the connectivity of boreal occurrence records did not show a and, if so, whether there has been a forest south of the St. Lawrence River in response to local cycles of hare decline in numbers. In northeastern Quebec, New Brunswick, Maine, and abundance (McKelvey et al. 1999b), as Minnesota, where deep snow New Hampshire, that in the Northeast a would have been expected of a resident accumulates, suitable lynx and population of lynx continues to exist in lynx population. Available information, snowshoe hare habitat is likely present. the core of the region in the north; does not indicate that resident Much of this area is protected as however, the range appears to have populations exist, but it does indicate designated wilderness, including the retracted northward. Connectivity with that recent cyclic highs in the Great Boundary Waters Canoe Area. lynx populations north of the St. Lakes lynx data are at least partially Furthermore, these habitats are Lawrence River in Canada has been Canadian in origin (McKelvey et al. contiguous with boreal forest in reduced from historic levels because of 1999b). southern Ontario. Trapping records for development along the St. Lawrence Minnesota—The majority of lynx Ontario districts adjacent to the River and ice breaking to allow year- occurrence records are from the Minnesota border demonstrate round shipping. northeastern portion of the State; consistent occurrence of lynx in the area Great Lakes Region—The majority of however, dispersing lynx have been over the past 10 years (N. Dawson, lynx occurrence records in the Great found throughout Minnesota outside of Ontario Ministry of Natural Resources, Lakes Region are associated with the typical lynx habitat (Gunderson 1978; in litt. 1999). The only recent verified ‘‘mixed deciduous-coniferous forest’’ Mech 1980; McKelvey et al. 1999b). records of lynx in Minnesota were two type (McKelvey et al. 1999b). Within Until 1965, lynx had a bounty placed on lynx in 1992 and one in 1993 (M. this general forest type, the highest them in Minnesota. In 1976, the lynx DonCarlos, in litt. 1994). However, no frequency of lynx occurrences were in was classified as a game species, and lynx surveys or research have been the Acer saccharum (sugar maple), Tilia harvest seasons were established (M. conducted in Minnesota to document spp. (basswood), Pinus banksiana (jack DonCarlos, Minnesota Department of presence, absence, or population trend. pine), P. strobus (white pine), and P. Natural Resources, in litt. 1994). Harvest A lynx survey was initiated this year as resinosa (red pine) forest types and bounty records for Minnesota are a joint effort by the Service, the Forest (McKelvey et al. 1999b). These types are available since 1930. Approximate 10- Service and the University of found primarily in northeastern year cycles are apparent in the data, Minnesota. Although habitat and prey Minnesota, northern Wisconsin, and the with highs in the lynx cycle in 1940, conditions appear suitable in the western portion of Michigan’s upper 1952, 1962, and 1973 (Henderson 1978; northeastern portion of the State, we peninsula. McKelvey et al. 1999b). During a 47- have received no information that

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16057 substantiates presence of a resident lynx an extreme cyclic high in Canada in the adjacent British Columbia and Alberta, population currently in Minnesota. early 1960s (Harger 1965; McKelvey et Canada. Wisconsin—Thiel (1987) concluded al. 1999b). Only two verified records of Washington—In Washington, resident that, historically, Wisconsin did not lynx exist for Michigan (from the upper lynx populations were historically support a permanent, self-sustaining peninsula) since the 1960s (McKelvey et found in the northeast and north-central lynx population; rather, lynx presence al. 1999b; G. Burgoyne, Jr., Michigan regions and along the east slope of the was associated with cyclic lynx Department of Natural Resources, in litt. Cascade Mountains (Washington population fluctuations in Canada 1998). Michigan listed the lynx as Department of Wildlife 1993). Records resulting in increased dispersal. Verified ‘‘rare’’ in 1974; in 1983 it was listed as of lynx exist from the Mount Rainier reports of lynx in Wisconsin are few (29 threatened and in 1987, its status was National Park area in the central records from 1870 to 1992) (McKelvey et upgraded to endangered (G. Burgoyne, Cascades, south in the Cascades nearly al. 1999b); over half of these reports are Jr., in litt. 1998). Although suitable to the Oregon border on Mount Adams, associated with unprecedented cyclic habitat and snow depths likely exist in and in the Blue Mountains in highs that occurred throughout Canada Michigan’s upper peninsula, too few southeastern Washington (Taylor and in the early 1960s and 1970s. Between records exist to substantiate either the Shaw 1927 in Koehler and Aubry 1994; 1948 and 1956, 19 lynx were harvested historic or current presence of a resident Dalquest 1948; Washington Department in the State; annual harvests were low, lynx population in Michigan. of Natural Resources 1996a). ranging from 0 (in 1954) to 4 (in 1952) In summary, using the best available Washington has a long record of verified (Wisconsin Department of Natural information we cannot determine lynx occurrences over the past century Resources 1993). In 1992, two lynx whether resident lynx populations (McKelvey et al. 1999b). mortalities were reported in Wisconsin occur currently or historically in the Trapping data kept since 1961 reflect cyclic patterns (McKelvey et al. 1999b). (Wydeven 1993; C. Pils, in litt. 1994). Great Lakes Region. Within this region, The largest harvests were taken in 1969– Lynx tracks have been detected during we consider northeastern Minnesota to 1970 (31 lynx) and 1976–1977 (39 lynx) wolf surveys in the 1990s (Wydeven be most likely to support a resident lynx (Washington Department of Wildlife 1998). population based on the presence of A bounty on lynx existed until 1957. 1993). Trapping restrictions were boreal forest that is contiguous with that Lynx were placed on the protected implemented in 1977–1978, and lynx of Ontario, where lynx are known to species list in 1957 and were classified hunting and trapping seasons were exist, and the number of lynx records as State endangered in 1972 (C. Pils, in closed in 1991 (Washington Department from this area. We suspect that there litt. 1994). Because of the lack of of Wildlife 1993). In the years 1987– may have been a small resident breeding records, Wisconsin reclassified 1989, immediately prior to the season population historically in northeastern the lynx as a ‘‘protected’’ species with being closed, harvest increased a closed season (G. Meyer, in litt. 1998). Minnesota; however, we recognize the substantially despite restrictive quotas We have no evidence to determine lack of evidence to clearly support and shortened seasons (see Figure 8.7 in whether a lynx population resided in either the past or current existence of a McKelvey et al. 1999b). We suspect that Wisconsin historically or resides resident population in Minnesota. this increase in trapped animals may currently; however, Wisconsin Because of the paucity of records from have represented a cyclic increase, as Department of Natural Resources Wisconsin and Michigan and the was evident in harvest data from British suggested that a breeding population presence of habitat that we think is Columbia during this time frame (see may have existed in the State prior to marginal for lynx, we suspect records of Figure 8.6 in McKelvey et al. 1999b; M. the 1900s (G. Meyer, in litt. 1998). Most lynx in Wisconsin and Michigan most Badry, British Columbia Ministry of of northern Wisconsin forests are mixed likely are transient animals that are Environment, in litt. 1999). Lynx harvest deciduous-coniferous forest (McKelvey dispersing, rather than individuals from data from British Columbia demonstrate 1999b). We believe this transitional resident populations. Accurate mapping cyclic fluctuations for the past 13 forest type at the edge of the snowshoe of lynx habitat in the Great Lakes Region seasons, as well as the continued hare range may be unable to support would enable us to define where to presence of lynx, in regions contiguous hare densities sufficient to sustain a expect resident lynx to occur in this with Washington (M. Badry, in litt. resident lynx population. An exception region. 1999). may be in extreme northern portions of Northern Rocky Mountain/Cascades Established snow track survey routes Wisconsin, where more suitable habitat Region—In this region, the majority of are conducted to detect the presence of exists and deep snows accumulate. lynx occurrences are associated at a lynx within the six designated ‘‘Lynx Michigan—In Michigan, historical broad scale with the ‘‘Rocky Mountain Management Zones’’ across the north- reports suggest that the Canada lynx was Conifer Forest’’; within this type, most central part of Washington (Richardson resident and widespread throughout the of the occurrences are in moist 1999; Washington Department of upper and lower peninsula in the 19th Pseudotsuga menziesii (Douglas fir) and Natural Resources 1996a). Results of century (Harger 1965). However, records western spruce/fir forests (McKelvey et these surveys show that currently, lynx verifying these accounts are scarce; 44 al. 1999b). Most of the lynx occurrences occupy four of these zones—Okanogan, verified records exist from the mid are in the 1,500–2,000 meters (4,920– Kettle Range, Little Pend Oreille, and 1800s until 1983 (McKelvey et al. 6,560 feet) elevation class (McKelvey et Salmo Priest—but have not documented 1999b). Lynx were believed extirpated al. 1999b). These habitats are found in lynx presence in the Wedge or Vulcan from Michigan’s lower peninsula in the Rocky Mountains of Montana, Mountain, the two smallest zones 1928, and by 1938 they were considered Idaho, eastern Washington, and Utah delineated in Washington (Richardson rare or extinct throughout the State and the Cascade Mountains in 1999). Recent preliminary DNA survey (Harger 1965). Lynx persisted on Isle Washington and Oregon. The majority results indicate the presence of lynx in Royale in Lake Superior into the late of verified lynx occurrences in the U.S. the southern and central Cascades in 1970s (Peterson 1977 in Baker 1983; M. and the confirmed presence of resident Washington (Weaver and Amato 1999), Romanski, Isle Royale National Park, in populations are from this region. The and recent records of lynx reproduction litt. 1998). Sixteen of 44 verified lynx boreal forest of Washington, Montana, also exist for Washington in the records for Michigan are associated with and Idaho is contiguous with that in northern Cascades (Koehler 1990;

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Friends of the Loomis Forest, in litt. program. Anecdotal reports compiled by returns were substantially lower than 1999). Lewis and Wenger (1998) indicated the those recorded in the early 1960s and Although Washington has the best occurrence of lynx in atypical habitats. 1970s, leading to concern that lynx lynx data in the contiguous U.S., we Based on the time frames when populations in Montana were at or near cannot identify population changes or collected, these records likely were their lowest levels in the past several trend from this data. It is clear that dispersing transient individuals. decades (Hash 1990; S. Conn, Montana resident lynx populations exist in Between 1960 and 1991, 35 verified Trappers Association, in litt. 1990). The Washington. The lynx population in records exist for Idaho, with 13 of these State established quotas that were Washington has been roughly estimated from 1982 to 1991 (McKelvey et al. incrementally decreased from 135 in at 96–191 (Washington Department of 1999b). From 1991 until recently, there 1982 down to a Statewide quota of 2 Wildlife 1993) and 225 individuals had been no verified records of lynx beginning in 1991 (B. Giddings, in litt. (Brittell et al. 1989). However, these from Idaho (McKelvey et al. 1999b); 1994). In 1999, Montana’s lynx harvest population estimates may be high however, until the past year, no lynx season was closed. because of assumed similar habitat surveys were conducted in Idaho. Harvest records, winter track surveys suitability and lynx densities across the Preliminary results from recent DNA conducted since 1990/1991, and trapper range, which is not the case surveys suggest the presence of lynx in logbooks, led Montana Department of (Washington Department of Wildlife northern and north-central Idaho (J. Fish, Wildlife, and Parks to conclude 1993). Since 1993, the lynx has been Weaver, Wildlife Conservation Society, that the State’s lynx population has listed as a State threatened species in litt. 1999). recovered and is distributed throughout (Washington Department of Wildlife Prior to 1977, the species was what it determined to be ‘‘predicted 1993). Richardson (1999) recommended considered a predator, subject to lynx habitat’’ (P. Graham, in litt. 1998). retaining the lynx as a threatened unrestricted harvest with no closed Montana Department of Fish, Wildlife, species in the State because the status season and no bag limit. In 1990, in and Parks estimated the lynx population of the lynx had not changed appreciably response to concern over the status of as 1,040 lynx in 1994 (B. Giddings, in in Washington. lynx in Idaho, the Idaho Department of litt. 1994). This estimate was Oregon—Historic lynx records exist Fish and Game instituted a Statewide determined using a habitat area/density from nine counties in Oregon (Bailey harvest quota of three lynx per year. In index, which is likely inaccurate, given 1936; Nellis 1971). McKelvey (1999b) 1997/1998, Idaho closed the lynx broad assumptions regarding habitat documented 12 verified lynx records for trapping/hunting season because no suitability and lynx distribution. Oregon in the past century. Based on the lynx had been captured in several years. We conclude that a resident time frames when collected and Although records of lynx in Idaho are population of lynx is distributed locations in atypical habitat, some of relatively common and boreal forest throughout its historic range in these records likely were dispersing habitat is contiguous with adjacent Montana. However, available data are transient individuals. Recent States and Canada where lynx not sufficient to determine either observations of lynx have been reported populations are known to exist, we population trend (increasing or from the Cascades and the Blue cannot clearly substantiate either the decreasing) or estimates of population Mountains in northeastern Oregon historic or current presence of resident size. Furthermore, we now question the (Csuti et al. 1997; R. Anderson, lynx populations in Idaho, nor can we interpretations we made in the proposed Wallowa-Whitman National Forest, in identify population changes or trend rule as well as those made by the other litt. 1998), and preliminary DNA survey with the available information. sources that harvest returns in the 1980s results also suggest the presence of lynx Montana—In Montana, numerous and 1990s reflected substantially in the Cascade Range in Oregon (Weaver historic and current lynx records exist reduced populations (see ‘‘Factor B’’ in and Amato 1999). Lynx have rarely been throughout the Rocky Mountain Conifer the ‘‘Summary of Factors’’ section). We reported harvested in Oregon, although Forest in the western part of the State now know that harvest returns in the the season for lynx is essentially open (McKelvey et al. 1999b; P. Graham, early 1960s and 1970s represented because the State does not regulate lynx Montana Department of Fish, Wildlife, unprecedented cyclic highs for the 20th harvest, however we do not believe any and Parks, in litt. 1998). Reproduction century (McKelvey et al. 1999b). lynx have been harvested because there has been documented (Brainerd 1985). Therefore, it is possible that lower lynx are no records of lynx trapping or pelts Many records exist of lynx harvested in harvest returns in the 1980s were not collected in Oregon (C. Carson, pers. eastern Montana’s Great Plains Region unusual compared to harvest returns comm., USFWS, Office of Management in the 1960s (Hoffman et al. 1969); prior to 1960. Lynx harvest returns for Authority (OMA), 2000). Based on the however, we suspect these were British Columbia and Alberta since 1919 limited available information, we dispersing transient animals associated demonstrate the variability of cyclic cannot substantiate the historic or with cyclic highs in northern lynx amplitudes throughout the past century current presence of a resident lynx populations during the early 1960s. (McKelvey et al. 1999b) and lead us to population in Oregon. Since 1950, Montana lynx harvest suspect that cycles in Montana were Idaho—According to Rust (1946), records exhibit cycles (McKelvey et al. similar. lynx were not abundant but were 1999b), although accurate harvest Wyoming—Most historical and recent distributed throughout northern Idaho records were not kept until 1977 when records of lynx in Wyoming are from the in the early 1940s, occurring in 8 of the lynx were classified as a furbearer. The northwestern mountain ranges (Reeve et 10 northern and north-central counties. harvest data reflect the extreme highs of al. 1986; McKelvey et al. 1999b). McKelvey et al. (1999b) located a the early 1960s and 1970s that were McKelvey et al. (1999b) found only 30 number of lynx specimen records from documented throughout Canada. Since verified records Statewide since 1856. Idaho collected during the early 1900s. 1977, Montana’s largest lynx harvest Documented reports of lynx in Harvest records for Idaho are unreliable occurred in both 1979 and 1984 when Yellowstone National Park are rare (S. because no distinction was made 62 lynx were taken in each season Consolo-Murphy, Yellowstone National between lynx and bobcats until 1982 (McKelvey et al. 1999b; B. Giddings, Park, pers. comm. 1994); no recent when Idaho Department of Fish and Montana Department of Fish, Wildlife, verified records exist from the Greater Game initiated a mandatory pelt tagging and Parks, in litt. 1994). These harvest Yellowstone Ecosystem (McKelvey et al.

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1999b). However, no lynx surveys have The southern boreal forest of Colorado southeastern Wyoming have been been conducted in this area. Elsewhere, and southeastern Wyoming is isolated confirmed (Reeve et al. 1986). However, lynx have been reported from the Big from boreal forest in Utah and McKelvey et al. (1999b) found two Horn Mountains in north-central northwestern Wyoming by the Green specimens collected prior to 1900 in Wyoming (Reeve et al. 1986; McKelvey River Valley and the Wyoming basin southeastern Wyoming. There is a et al. 1999b). Until 1957, lynx had (Findley and Anderson 1956 in general lack of information in Wyoming, bounties place on them in the State. McKelvey et al. 1999b). These habitats particularly southeastern Wyoming, that Since 1973, the lynx has been listed as likely act as a barrier that reduces or limits our ability to assess historical and a protected non-game species and precludes opportunities for immigration current status of the lynx. harvest was closed. Because of and emigration from the Northern Rocky In summary, we believe that a connectivity with lynx populations and Mountains/Cascades Region and resident lynx population historically habitat in Montana, we suspect that Canada, effectively isolating lynx in the occurred in the Southern Rockies lynx were historically resident in southern Rocky Mountains in Colorado Region in both Colorado and northwestern Wyoming. and southeastern Wyoming (Halfpenny southeastern Wyoming, based on the In 1996 the Wyoming Game and Fish et al. 1982; Koehler and Aubry 1994). A records of lynx in Colorado and the Department began a lynx study in west- majority of the lynx occurrence records persistence of contiguous habitat in central Wyoming. Production of kittens in Colorado and southeastern Wyoming, southeastern Wyoming with the was documented in 1998 (Squires and are associated with the ‘‘Rocky Colorado habitat. This resident Laurion 1999). This may indicate the Mountain Conifer Forest’’ type. The population may now be extirpated. presence of a resident population in this occurrences in the Southern Rockies Other Reports or Sightings—Lynx local area (Ruggiero et al. 1999b). were generally at higher elevations observations in Nevada, North Dakota, However, using available information (1,250 to over 3,750 meters (4,100– South Dakota, Iowa, Nebraska, Indiana, we are unable to determine status or 12,300 feet)) than were all other Ohio, and Virginia are considered trend of lynx throughout Wyoming. occurrences in the West (McKelvey et individuals dispersing subsequent to Utah—There are few historic reports al. 1999b). periods of cyclic high lynx numbers in of lynx in Utah (McKay 1991; McKelvey Colorado—The montane and Canada (Hall and Kelson 1959; Burt et al. 1999b). Nearly all the reliable lynx subalpine forest ecosystems in Colorado 1954 in Brocke 1982; McKelvey et al. reports are from the Uinta Mountain are naturally highly fragmented 1999b; S. Johnson, Indiana Department Range along the Wyoming border (Thompson 1994), which we believe of Natural Resources, in litt. 1994; P. (McKay 1991). McKelvey et al. (1999b) limits the size of lynx populations. A Jones, Ohio Department of Natural found only 10 verified records of lynx total of 78 lynx reports rated as positive Resources, in litt. 1994; W. Jobman, U.S. in Utah since 1916; no verified records (22) or probable (56) exist in State Fish and Wildlife Service, in litt. 1997; exist since 1991. However, recent records since the late 1800s (J. Mumma, Smithsonian Institute, in litt. 1998). unverified reports of lynx in the Uintas Colorado Division of Wildlife, in litt. During the early 1960s, lynx moved into persist (Bates, Utah Department of 1998); although McKelvey et al. (1999b) the Great Plains and the Midwest Wildlife, pers. comm. 1999). The lynx is considered only 17 of these records Region of the U.S. associated with an listed as a State sensitive species with ‘‘verified.’’ The last verified lynx unprecedented cyclic high in Canada closed harvest seasons. Based on the specimens were taken in 1974 (Gunderson 1978; Mech 1980; limited available information we cannot (Halfpenny et al. 1982). No verified DeStefano 1987; South Dakota Natural substantiate either the historic or records of lynx exist since 1974; Heritage Program, in litt. 1994). These current presence of a resident lynx however, extensive survey efforts have records are outside of the southern population in Utah. resulted in reports of lynx tracks boreal forests where most lynx In summary, we believe the Northern (Halfpenny and Miller 1981; Thompson occurrences are found (McKelvey et al. Rockies/Cascades Region supports the and Halfpenny 1989; Anderson 1990; 1999b). We conclude that these most viable resident lynx populations in Thompson and Halfpenny 1991; unsuitable habitats are unable to sustain the contiguous U.S., while recognizing Andrews 1992; Carney 1993; Fitzgerald lynx and that these records represent that, at best, lynx in the contiguous U.S. 1994; Colorado Division of Wildlife et dispersing individuals that are lost from are naturally rare. Strong evidence al. 1997). The lynx has been listed as a the metapopulation unless they return exists to support the presence of State endangered species since 1976 to boreal forest. We do not consider resident lynx populations distributed (Colorado Division of Wildlife et al. these States to be within the contiguous throughout much of the forest types 1997) and harvest of the species is U.S. range of lynx. considered lynx habitat in Montana and currently closed. Distinct Population Segment Washington. We expect that resident Few, if any, native lynx continue to lynx populations exist in contiguous exist in Colorado (J. Mumma, in litt. For a species to be listable under the habitats in Idaho and northwestern 1998). As a result, in 1997, the Colorado Endangered Species Act (Act), it must Wyoming. We believe that lynx have Division of Wildlife, in cooperation be a ‘‘species’’ as defined in the Act. always occurred intermittently in with numerous government and private The Act defines ‘‘species’’ as a species, Oregon and Utah, although we cannot entities, began a program to introduce subspecies, or Distinct Population determine the historic or current lynx from Canada and Alaska into Segment (DPS) of a vertebrate species. presence of resident populations in Colorado in an attempt to reestablish a On February 7, 1996, the Service and either of these States. Recently initiated viable lynx population. Forty-one lynx the National Marine Fisheries Service DNA surveys in all the States within were released into the wild beginning in published final policy guidance this region should further refine our early spring 1999. It is too early to concerning recognition of Distinct understanding of the status of lynx in predict the success of this effort. Vertebrate Population Segments for this region. Wyoming—‘‘Rocky Mountain Conifer consideration under the Act (61 FR Forest’’ in southeastern Wyoming is 4722). We follow the Vertebrate Southern Rockies contiguous with that of Colorado. None Population Policy when considering Colorado represents the extreme of the reports of lynx in the Medicine listing a vertebrate species as southern edge of the range of the lynx. Bow and Laramie Ranges in endangered or threatened in only a

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16060 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations portion of its range. In developing the natural occurrence of a taxon that may (3) the Northern Rocky Mountain/ proposed rule and final rule for the be more abundant elsewhere as an Cascades Region, including Washington, lynx, we used the Vertebrate Population introduced population outside its Oregon, Idaho, Montana, northwestern Policy to evaluate whether the lynx historic range,’’ and (4) ‘‘Evidence that Wyoming, and Utah; and (4) the population in the contiguous United the discrete population segment differs Southern Rocky Mountains Region, States constitutes a DPS under the Act. markedly from other populations of the including Colorado and southeastern Under the Vertebrate Population species in its genetic characteristics.’’ Wyoming. Policy, two elements, discreteness and Lynx in the contiguous United States McKelvey et al. (1999b) illustrate lynx significance, must be considered to may be considered biologically and population dynamics emanating from determine whether a species’ ecologically significant simply because central Canada to the periphery. The population meets the definition of a of the climatic, vegetational, and authors use Canadian and United States DPS. If a population is discrete and ecological differences between lynx lynx trapping and occurrence data to significant, its status is evaluated using habitat in the contiguous United States display lagged synchronous cycles the five listing factors described in and that in northern latitudes in Canada (cycles with similar peaks and lows in section 4(a)(1) of the Act to determine and Alaska (Buskirk et al. 1999b). In the population size) (McKelvey et al. if it meets the definition of either contiguous United States, the 1999b), providing evidence of the threatened or endangered. distribution of lynx is associated with interconnectedness of lynx population According to the Vertebrate the mosaic of southern boreal forest and dynamics in the contiguous United Population Policy, a species’ population subalpine coniferous forest in the West States with lynx population dynamics can be considered discrete from the and southern boreal forest/hardwoods in the Canadian boreal forest. All of the remainder of the taxon if it satisfies in the East; whereas in Canada and different regions that support lynx either one of the following conditions— Alaska lynx inhabit the classic boreal within the contiguous United States are (1) ‘‘it is markedly separated from other forest ecosystem known as the taiga directly contiguous with lynx habitat or populations of the same taxon as a (McCord and Cardoza 1982; Quinn and lynx populations in Canada, except the consequence of physical, physiological, Parker 1987; Agee 1999; McKelvey et al. Southern Rockies, although the ecological, or behavioral factors,’’ or (2) 1999b) (see ‘‘Background’’ and connectivity of the Northeast Region is ‘‘it is delimited by international ‘‘Distribution and Status’’ sections). largely limited to areas south of the St. governmental boundaries within which Lynx and snowshoe hare population Lawrence Seaway: southern Quebec and differences in control of exploitation, dynamics in portions of the contiguous New Brunswick. management of habitat, conservation United States are different from those in Within the contiguous United States, status, or regulatory mechanisms exist.’’ northern Canada. We conclude that all four regions are isolated from each We have determined that resident historic and current lynx and snowshoe other by expanses of unsuitable habitats populations of lynx existed historically hare densities in the contiguous United that limit or preclude lynx movement and currently exist within the States are naturally low relative to lynx between these regions. Unsuitable contiguous United States (see ‘‘Status’’ and hare densities in the northern habitat along the southeastern Great section). In Canada, management of boreal forest (see ‘‘Background’’ and Lakes isolates the Northeastern and forest lands and conservation of wildlife ‘‘Distribution and Status’’ sections). Great Lakes regions; the Great Plains habitat varies depending on Provincial Because the southern boreal forest in the isolates the eastern regions from the regulations. Canada has no overarching contiguous United States is naturally West. Although there may be some forest practices legislation, such as the highly fragmented and contains more limited potential for dispersal between United States National Forest hare predators, it is unable to support the Southern and Northern Rockies, Management Act, governing the extremely high peak densities of lynx in the Southern Rockies are management of national lands and/or snowshoe hares as in the northern considered to be isolated from lynx providing for consideration of wildlife boreal forest of Canada and Alaska populations in the Northern Rockies/ habitat requirements. Additionally, in (Wolff 1980; Buehler and Keith 1982; Cascades Region by the Green River Canada, lynx harvest regulations, such Hodges 1999a,1999b; McKelvey 1999a). basin and the Red Desert. We have no as length of season and quotas, vary, Therefore, lynx densities at the southern expectation that lynx in these being regulated by individual Provinces part of the range never achieve the high individual regions influence the or, in some cases, individual trapping densities of the northern boreal forest presence or persistence of lynx within districts. Therefore, we conclude that (Aubry 1999). another region of the contiguous United the contiguous United States population After review and consideration of States. Therefore, we believe each of of the lynx is discrete based on the lynx status and management in the these four regions are discrete. international boundary between Canada contiguous United States and Canada, When considering whether a and the contiguous United States due to and lynx and snowshoe hare life- population meets the significance test, differences in management of lynx and history, habitat, and population policy requires us to evaluate the lynx habitat. dynamics, we have determined that the population as it relates to the entire According to the Vertebrate lynx population in the contiguous range of the taxon. In the case of the Population Policy, a population segment United States is discrete and significant lynx, the range of the taxon is extensive can be considered significant based on and, therefore, qualifies as a DPS to be and exists mainly in Canada and Alaska. considerations that include, but are not considered for listing under the Act. When we evaluated the significance of limited to, the following—(1) Within the contiguous United States the small discrete regions in the ‘‘Persistence of the discrete population population segment, the range of the contiguous United States to the entire segment in an ecological setting unusual lynx is divided regionally by ecological range of the taxon in North America, we or unique for the taxon,’’ (2) ‘‘Evidence barriers of unsuitable lynx habitat. determined that none of these regions that loss of the discrete population These regions are— (1) the Northeastern individually constitute significantly segment would result in a significant Region, including Maine, New unique or unusual ecological settings; gap in the range of the taxon,’’ (3) Hampshire, Vermont, and New York; (2) therefore, they could not be separated ‘‘Evidence that the discrete population the Great Lakes Region, including from the contiguous U.S. DPS as a segment represents the only surviving Michigan, Wisconsin, and Minnesota; whole. Within all four regions of the

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Therefore, settlement agreement dated November On July 8, 1999 (64 FR 36836), we we conclude that the listable entity is 30, 1993, we agreed to conduct a status extended the listing deadline by 6 the contiguous United States DPS of the review throughout the lower 48 States to months to receive and evaluate lynx, consisting of the Northeast, the determine if the species was threatened comments on new information Great Lakes, the Northern Rockies/ or endangered, and to complete the contained in a report, ‘‘The scientific Cascades, and the Southern Rockies review and publish the finding by basis for lynx conservation in the regions. November 15, 1994. On February 2, contiguous United States’’ (Science Within the contiguous United States, 1994, we published a notice announcing Report), prepared by a team led by the the relative importance of each region to continuation of the status review (59 FR Forest Service’s Rocky Mountain the persistence of the DPS varies. The 4887). Research Station (Ruggiero et al. 1999c). Northern Rockies/Cascades Region On April 27, 1994, we received a As a result, the new listing deadline supports the largest amount of lynx petition to list the conterminous U.S. became January 8, 2000. The Act habitat and has the strongest evidence of population of ‘‘North American’’ lynx as permits such an extension for the persistent occurrence of resident lynx threatened or endangered. Additionally, purpose of soliciting additional data populations, both historically and the petitioners requested that the when there is substantial disagreement currently. In the Northeast (where Southern Rocky Mountain population of regarding the sufficiency or accuracy of resident lynx populations continue to the ‘‘North American’’ lynx in Wyoming the available data relative to the persist) and Southern Rockies regions, and Colorado be emergency-listed. We determination. the amount of lynx habitat is naturally published a notice on August 26, 1994, The Act requires listing limited and does not contribute that the petition presented substantial determinations to be made using the substantially to the persistence of the information that listing may be best scientific and commercial data contiguous United States DPS. Much of warranted, but that we determined available. However, the 1998 settlement the habitat in the Great Lakes Region is emergency listing was not warranted for agreement allowed only 4 months naturally marginal and may not support the Southern Rocky Mountain within which to prepare the proposed prey densities sufficient to sustain lynx population (59 FR 44123). rule to list the lynx, much less time than populations. As such, the Great Lakes On December 27, 1994, we published the 9 months allowed by the Act to Region does not currently contribute a notice (59 FR 66507) of our 12-month conduct a status review to make a listing substantially to the persistence of the finding that listing the lynx in the determination. Consequently, we were contiguous United States DPS. contiguous United States was not not able to gather nor consider the best Collectively, the Northeast, Great Lakes, warranted because of the lack of scientific and commercial data available and Southern Rockies do not constitute residency in lynx populations in the at the time of publication of the a significant portion of the range of the lower 48 States and our inability to proposed rule; instead we relied DPS. We conclude the Northern substantiate that threats such as primarily on data we had gathered Rockies/Cascades Region is the primary ‘‘trapping, hunting, poaching, and during the lynx status review in 1994. region necessary to support the present habitat destruction’’ actually Therefore, this final rule treats continued long-term existence of the ‘‘threaten the continued existence of the information available since 1994 as new contiguous United States DPS. However, lynx in the wild.’’ On January 30, 1996, information; whereas, typically, new the role that each region plays in the the Defenders of Wildlife and 14 other information is that information made long-term conservation of the species plaintiffs filed a lawsuit challenging our available subsequent to the proposed will be explored further in recovery finding. rule. planning for the species. On March 27, 1997, the court issued an opinion and order setting aside the Summary of Comments and Previous Federal Action not warranted finding and remanding it Recommendations The lynx was added to Appendix II of back to us for further consideration. We In the July 8, 1998, proposed rule and the Convention on International Trade were ordered to publish a 12-month associated notifications (63 FR 58910), in Endangered Species (CITES) of Wild finding on the status of the lynx within all interested parties were requested to Flora and Fauna in 1977. The species 60 days. On May 27, 1997, we published submit comments or suggestions on the was classified as a category 2 candidate a 12-month finding (62 FR 28653) that proposed rule, particularly on the species in the December 30, 1982, the lynx population in the contiguous following topics—(1) Biological, Vertebrate Notice of Review (47 FR United States was warranted for listing commercial trade, or other relevant data 58454), meaning that more information under the Act but precluded by higher concerning any threat (or lack thereof) was necessary to determine whether the priority listing actions. This warranted- to this species; (2) Additional species’ status was declining. In but-precluded finding automatically information concerning the range, response to a petition received on elevated the lynx to candidate species distribution, and population size of the August 22, 1991, we published a notice status. species; (3) Current or planned activities of a 90-day petition finding on October On September 15, 1997, Defenders of in the subject area and their possible 6, 1992, that we did not have substantial Wildlife et al. filed suit in response to impacts on the species; and (4) information to indicate that listing the our finding that listing the Canada lynx Additional information pertaining to the North Cascades population of the lynx population in the contiguous United promulgation of a special rule to as endangered may be warranted (57 FR States was warranted but precluded. On provide States and Tribes the 46007). A lawsuit was filed challenging February 12, 1998, a settlement opportunity to maintain the lead role in the October 6, 1992, finding. On July 9, agreement was reached that called for us protection, management, and recovery 1993, we published a notice indicating to finalize a proposed rule to list the of the species through the voluntary

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16062 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations development and implementation of a Spokane, Washington; Wenatchee Mountain News, Denver, Colorado; conservation plan. In the proposed rule, World, Wenatchee, Washington; The Boulder Daily Camera, Boulder, we announced that 10 public hearings Oregonian, Portland, Oregon; The La Colorado; and The Daily Sentinel, on the proposal would be held in Grande Observer, La Grande, Oregon; Grand Junction, Colorado. various locations throughout the range The News Review, Roseburg, Oregon; We received a total of 3,548 responses of the lynx in the contiguous United The Daily Courier, Grants Pass, Oregon; on the proposed rule, 166 oral and 3,382 States. One additional public hearing The Bend Bulletin, Bend, Oregon; The written comments. Of these comments, was announced on August 26, 1998 (63 Idaho Statesman, Boise, Idaho; Great 7 were from Federal agencies; 58 were FR 45445). Falls Tribune, Great Falls, Montana; from State, county, city governments or Open houses and public hearings, Independent Record, Helena, Montana; schools; 3,261 were from individuals; providing an additional forum for The Missoulian, Missoula, Montana; 214 were from organizations and public comment on the proposed rule, The Billings Gazette, Billings, Montana; industry; 5 were from tribal were held in Colorado, Idaho, Montana, Bozeman Daily Chronicle, Bozeman, governments, and 3 were from Canada. Oregon, Washington, Wyoming, Maine, Montana; The Daily Inter Lake, Most of these responses were received and Wisconsin. The 60-day comment Kalispell, Montana; The Western News, in the form of a form letter or postcard. period on the proposed rule, originally Libby, Montana; Casper Star-Tribune, Of these commentors, 2,676 supported closing on September 30, 1998, was Natrona County, Wyoming; Wyoming listing the Canada lynx, 780 opposed twice extended by request. The first Tribune Eagle, Laramie County, listing, and 92 expressed no position. In response to the reopening of the extension was announced on October 2, Wyoming; The Cody Enterprise, Cody, comment period on August 18, 1999, to 1998, and extended the comment period Wyoming; The Dubois Frontier, to October 14, 1998 (63 FR 53010). The receive comment on the Science Report, Fremont County, Wyoming; Jackson second extension was announced on we received an additional 379 Hole News, Jackson, Wyoming; Pinedale October 19, 1998, and extended the responses. Of these, 239 supported a Roundup, Sublette County, Wyoming; comment period on the proposed rule listing, 115 opposed the listing, and 25 The Riverton Ranger, Fremont County, until November 16, 1998 (63 FR 55839). provided comment on the Science On July 8, 1999 (64 FR 36836), we Wyoming; Thermopolis Independent Report only. All written and oral extended the listing deadline by 6 Record, Thermopolis, Wyoming; Detroit statements presented at the public months to receive and evaluate Free Press, Detroit, Michigan; Lansing hearings and received during the public comments on new information State Journal, Lansing, Michigan; Daily comment periods, including comments contained in a report, ‘‘The scientific Mining Gazette, Michigan; Marquette on the Science Report and peer review basis for lynx conservation in the Mining Journal, Marquette, Michigan; comments, are addressed below and contiguous United States’’ (Science Iron Mountain News, Iron Mountain, within the text of this rule. Comments Report), prepared by a team led by the Michigan; Escanaba Press, Escanaba, of a similar nature are grouped into Forest Service’s Rocky Mountain Michigan; The Evening News, Michigan; general issues. These issues and our Research Station (Ruggiero et al. 1999c). North Country Sun, Michigan; response to each are discussed below. The Act permits such an extension for Ontonagon Herald, Ontonagon, Issue 1—Several commentors believed the purpose of soliciting additional data Michigan; L’Anse Sentinel, L’Anse, that there are insufficient and/or when there is substantial disagreement Michigan; The Munsing News, inadequate data to support evidence of regarding the sufficiency or accuracy of Munsing, Michigan; Manistique Pioneer lynx existence and viable population the available data relative to the Tribune, Manistique, Michigan; The status within the lower 48 States or at determination. On August 18, 1999, we Newberry News, Newberry, Michigan; the southern fringes of the range. They announced that we had reopened the Iron River Reporter, Iron River, believed lynx should be managed in comment period for an additional 38 Michigan; The Menominee County Canada rather than by the Act in the days to allow the public to provide Journal, Michigan; Minneapolis Star United States. Numerous commentors additional comment on the proposed Tribune, Minneapolis, Minnesota; St. strongly opposed listing the lynx in rule based on new information Paul Pioneer Press, St. Paul, Minnesota; Oregon and other individual States, contained in the Science Report (64 FR Duluth News Tribune, Duluth, claiming there has never been a self- 44883). Minnesota; Ely Echo, Ely, Minnesota; sustaining breeding population of lynx Prior to making our final listing Grand Forks Herald, Grand Forks, in a particular State. Several determination on the lynx, we held the Minnesota; Bemidji Pioneer, Bemidji, commentors were concerned that much 11 announced public hearings, and Minnesota; International Falls Journal, of the information used to develop the allowed for a total of 140 days of public International Falls, Minnesota; Virginia range maps for lynx in the United States comment on the proposed rule and Mesabi News, Minnesota; Cook County may represent only dispersing Science Report. Appropriate Federal News, Minnesota; Grand Rapids Herald individuals and does not indicate viable and State agencies, tribal governments, Review, Minnesota; Milwaukee Journal populations capable of successful county governments, scientific Sentinel, Milwaukee, Wisconsin; reproduction and recruitment. organizations, and other interested Wisconsin State Journal, Madison, Similarly, several individuals parties were contacted and requested to Wisconsin; Wausau Herald, Wausau, commented that the distribution maps comment during the initial comment Wisconsin; Florence Mining News, in the Science Report do not accurately period, notified of the extensions, and Florence, Wisconsin; Spooner Advocate, reflect occupied range and that there is were again contacted when the Spooner, Wisconsin; Rhinelander News, no evidence that lynx currently exist in comment period was reopened to allow Rhinelander, Wisconsin; Vilas County many of the States that the map evaluation of the Science Report. News Review, Wisconsin; Superior identifies as occupied. Notices of the proposed rule and public Daily Telegram, Superior, Wisconsin; Response—The scientific basis for our hearings were sent to over 1,200 Bangor Daily News, Bangor, Maine; findings and conclusions in the individuals, and public notices were Manchester Union Leader, Manchester, proposed rule and those in the Science published in 63 newspapers within the New Hampshire; Burlington Free Press, Report were questioned by many of the contiguous U.S. range of the lynx, Burlington, Vermont; Albany Times affected State wildlife agencies and including the Spokesman Review, Union, Albany, New York; Rocky others that responded during the public

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16063 comment period. When making a listing boreal forest. Therefore, dispersing trapper harvest data do not account for determination, we are required to use individuals were not considered in this trapper effort which may be affected by the best available scientific and listing. Further, the fact that lynx are pelt prices, social change or climatic commercial information. To accomplish managed in Canada does not relieve us conditions. Several commentors wanted this, section 4(b)(6)(B) of the Act allows from our statutory responsibilities to to know what the effects of trapping on for a 6-month extension of a final protect the wildlife of the United States. lynx population status and potential determination for the purpose of We have determined that the contiguous recovery were and if the mortality from soliciting additional information if there United States population of lynx is a accidental trapping or animal damage is substantial disagreement regarding DPS under the Act and warrants listing control activities were significant to the the sufficiency or accuracy of the as a threatened species. This overall population. They similarly available data. In the case of the lynx determination, therefore, includes all commented that the Science Report finding, because there was substantial lynx within the contiguous United failed to provide quantified data and disagreement regarding the sufficiency States, whether they be transient lynx or conclusions justifying additional or accuracy of the available data, we resident populations. protection under the Act and believed extended for 6 months the deadline for The lynx distribution maps developed that additional studies were needed and a final listing determination on the for the Science Report were produced should be initiated and completed. They proposal to list the contiguous United by overlaying lynx occurrence records suggested that we defer a decision until States DPS (64 FR 36836). The 6-month on maps of primary vegetation types more information is available. extension allowed us to receive and (McKelvey et al. 1999b). The authors Response—While lawsuits have had evaluate new information contained in included all occurrence records made an important procedural impact in our the Science Report, a scientific report on available by State, tribal, and Federal listing process, whether the species lynx prepared by a team of scientist agencies, published and unpublished warrants listing under the Act is a assembled by the Forest Service’s Rocky reports, and museum and harvest substantive biological determination Mountain Research Station in 1998. The records. Furthermore, they considered and has remained our responsibility. We Science Report is a comprehensive the reliability of the records. Although have carefully assessed the best compilation and assessment of historic there may be errors for some individual scientific and commercial data and current lynx occurrence records and data points, these data provide a good available, as required by the Act. We distribution, scientific literature, lynx basis for us to evaluate lynx occurrence recognize that there are limitations in and prey ecology, habitat correlations and distribution in the contiguous the extant body of data, including the and threats to the continued existence of United States. The maps defined trapping information, and have taken lynx in the contiguous United States. vegetation types for which most lynx those limitations into consideration The Science Report is the only occurrences are associated. They are not when evaluating the data. As described comprehensive assessment of lynx in maps of occupied habitat. in ‘‘Factor B’’ in the ‘‘Summary of Issue 2—Many commentors believed the contiguous United States and was Factors’’ section, harvest returns are we have insufficient or inadequate data used, as was the new information affected by factors that influence trapper to show that a sufficient prey base obtained during the comment period, in effort and success, such as changes in historically existed or currently exists in our final listing determination (see socioeconomic conditions, season the lower 48 States to support lynx. ‘‘Background,’’ ‘‘Distribution and length, quotas and trapping restrictions, Response—The Act requires that the and ease of access. However, we also Status,’’ and ‘‘Summary of Factors’’ Service make listing determinations recognize the harvest data provided sections). solely on the basis of the best scientific information on the presence and Current and best available and commercial data available. Where persistence of lynx within the information, including the Science there is little information available we contiguous United States (see Report, verified the persistence and use our best scientific judgement and ‘‘Distribution and Status’’ section). presence of lynx in the contiguous that of experts in the field. Available Furthermore, harvest data for lynx in United States and recent records of lynx snowshoe hare information as it applies Canada has similarly provided in Oregon (see ‘‘Distribution and Status’’ to lynx is summarized by Hodges information about the persistence of section). However, with the limited (1999a, 1999b) in the Science Report. lynx in adjacent habitats in Canada and information available on the species, we Additionally, we relied on the increased our understanding of lynx cannot ascertain whether a resident lynx availability of the primary habitat types population dynamics (see population exists currently or existed used by both snowshoe hares and lynx ‘‘Background,’’ ‘‘Distribution and historically in Oregon. We believe that as an indicator of suitable habitat and Status,’’ and ‘‘Factor B’’ sections). We many of the lynx records in the likely presence of one or both species have determined that the occurrence of contiguous United States, including (see ‘‘Distribution and Status’’ and lynx within the contiguous United Oregon, are of transient animals that ‘‘Factor A’’). States is influenced to varying degrees dispersed during cyclic population Issue 3—Many commentors believed by immigration of lynx from Canada. increases (see ‘‘Background’’ and there were insufficient or inadequate We carefully assessed the effects of ‘‘Distribution and Status’’ sections). data to support a listing and that the trapping during our review of the Regardless, the Act, and the Service in decision-making process concerning the species’ status (see ‘‘Factor B’’ and administering the Act, do not make a proposal to list the lynx was being ‘‘Factor E’’ in the ‘‘Summary of Factors’’ distinction between resident driven by political pressure and section). The effects of trapping on lynx populations, breeding populations, and lawsuits. One commentor also believed populations are variable depending on transient or breeding individuals when that the limited quantity of evidence factors such as whether lynx taken are considering a species for listing. gathered by the Service does not meet a part of a resident population or However animals that are considered the standard of sound science required dispersing individuals that are unlikely ‘‘dispersing,’’ and found in unsuitable by the Act and that the proposed rule to reproduce and contribute to a habitat are considered lost from the did not acknowledge the strengths and population, fitness of the lynx metapopulations, because they are limitations in the extant body of population in a given area, connectivity unlikely to survive unless they return to research related to Canada. For example, within a larger metapopulation, the

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16064 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations impact of other threats to the indicated comparable harvest records. and imminence of some of the factors population, and the additive nature of We conclude that, in the contiguous identified as threats in the proposed these threats. If the population is doing United States, lynx populations are rule. However, there is still a lack of well in an area and there are no threats naturally at low densities; therefore, quantifiability information to determine to its continued existence, trapping what seem to be low population levels whether some of the possible threats mortality would not likely jeopardize compared to those of the northern have or would actually result in lynx the population. However, if other boreal forest in Canada and Alaska declines. Both the ‘‘Summary of threats to a resident population exist, likely are normal for lynx at the Factors’’ and ‘‘Background’’ sections the additive nature of additional losses southern portion of their range where discuss the new information we have to the population may prove to be optimal habitat is naturally limited (see obtained and how it has been assessed significant, at least on a local scale. ‘‘Factor B’’of the ‘‘Summary of Factors’’ in our decision, particularly regarding Mortality from accidental trapping or section). habitat (Factor A) and competition animal damage control activities would We recognize the limitations of using issues (Factor E). Because a substantial be considered incidental and in most harvest data to evaluate the status of a amount of lynx habitat in the cases would not be significant; we have vertebrate population (see ‘‘Distribution contiguous United States occurs on no information to indicate that the loss and Status’’ section and ‘‘Factor B’’ of federally managed lands, particularly in of such individuals has negatively the ‘‘Summary of Factors’’ section). the West, we conclude that the factor affected the overall ability of the There can be numerous reasons for a threatening lynx in the contiguous contiguous United States DPS to persist. smaller harvest return one year United States is the lack of guidance in We agree that additional studies of compared to previous returns, such as existing Federal land management plans lynx are necessary to better understand trapper effort, weather, or low pelt for conservation of lynx and lynx the dynamics and requirements of lynx prices. States in the contiguous United habitat. Implementation of lynx populations in the contiguous United States substantially restricted or closed conservation through revision of Federal States (see ‘‘Distribution and Status’’ their lynx harvest seasons by 1990, land management plans may sufficiently section). However, the Act does not resulting in less information with which remove threats to the species such that allow us to defer a listing decision based to evaluate the current status of lynx. it no longer warrants listing. on the need for more research. Most We now believe that ongoing Issue 6—Many State agencies believed scientists would agree that there is precautions taken by States and the proposed rule failed to demonstrate always a need for more research, but Provinces to restrict lynx trapping since that there has been significant listing decisions cannot be postponed the 1980s possibly prevented the extirpation of lynx within the lower 48 based on this premise when known overharvest of resident populations of States or that a significant range threats to a species are present that may lynx. We concur with Mowat et al. reduction has occurred. There is result in a species’ trend toward (1999) that it is possible lynx were disagreement on the status and historic extinction. overharvested in local areas but that in range of lynx within some States. Issue 4—Several wildlife time, particularly with the protection Furthermore, they believe that lynx do professionals stated that the effects of given lynx from trapping closures in the not occur throughout predicted habitat. overharvesting lynx during the 1970s contiguous United States, dispersal by They requested information on the basis and 1980s were overstated in our lynx from healthy populations has led of our determination of whether a proposed rule and that it does not and in the absence of significant threats resident or remnant lynx population explain current population levels. If will lead to the repopulation of such existed within a State and if the low lynx were overharvested in the past, areas. numbers were the result of poor they should have had sufficient time to Issue 5—Numerous individuals monitoring, marginal habitat or poor recover by now. They stated that commented that the proposed rule and rates of immigration from source overutilization is no longer a potential the Science Report failed to demonstrate populations. They believed the Science threat nor an additive threat to the that there are significant threats to the Report likewise failed to assess lynx continued existence of lynx. survival of the lynx, claiming that there population size, status, and trends. Response—We made our is little evidence in the proposed rule or Response—The Act requires us to determination to propose the species for the Science Report to support claims make listing determinations on the best listing based on the available that current management practices, available scientific and commercial information at the time. We concluded including timber harvesting and human information. Data are often not available that low numbers of lynx in the access, adversely affect lynx; that lynx to make statistically rigorous inferences contiguous United States and Canada are old growth obligates; that either about a species’ status (e.g., abundance, were the residual effects of substantial bobcat or coyotes are direct competitors population trends, and distribution). overtrapping that occurred in the 1970s for prey with lynx; that lynx habitat The extant body of data concerning lynx and 1980s. We no longer believe that to throughout the lower 48 States has been population status, trends, and historic be true (see ‘‘Factor B’’ in the ‘‘Summary fragmented, degraded or reduced by range is limited. Current information of Factors’’ section). New information human activity; or that this has resulted about lynx in the contiguous United explains that the cyclic lynx highs of the in lynx declines. Additionally, these States allows us to understand the early 1960s and 1970s that are reflected commentors asked how important were distribution of lynx. However, the in harvest records were unprecedented localized threats to the overall status of available data for most States do not high levels for the 20th century. Harvest the species and if we knew enough allow us to assess whether resident returns that we believed to be about the threats to assess the populations were historically or are abnormally low, were being compared cumulative effects to lynx. currently present (see ‘‘Distribution and to harvest records during the Response—In the proposed rule, we Status’’ section). The scientific unprecedented high levels of the 1960s identified numerous potential threats to community is just beginning to study and 1970s rather than to data for cycles the continued existence of lynx based issues such as specific habitat and prey over a longer period of time. on information available at the time. requirements necessary to support lynx Comparisons of the recent records to Since then we have significant new populations, role of dispersing animals earlier records from the 20th century information regarding the magnitude in metapopulation dynamics, and lynx

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16065 demographics. However, given these was not intended to be applied to between Canadian’ and United States’ uncertainties, we are still charged with populations on the edge of a species’ lynx populations under our policy. determining whether the species range. There is no evidence that lynx in Based on the discreteness of a warrants listing under the Act. After the United States are capable of long- population, our Vertebrate Population reviewing the best available term survival if isolated from the larger Policy requires that we consider the information, obtained through a population in Canada. There is no significance of the population to the comprehensive effort involving review evidence that lynx populations within taxon to which it belongs. We believe of historic and current occurrence the contiguous 48 States were once there are climatic and vegetational records, including harvest records for connected. The idea that semi-isolated differences in lynx habitat between both Canada and the United States; subpopulations of lynx separate from Canada and the United States, as well as sightings and track records; personal each other and from Canada can be ecological differences between lynx in communications with lynx, hare, and supported within the United States is the contiguous United States and forest ecology experts; and a review of contrary to what is known about lynx northern populations in Canada and Alaska (see ‘‘Distinct Population all available literature, we have made ecology. Lynx in the United States are Segment’’ section). Therefore, the several conclusions about the status of part of a trans-border population and contiguous United States’ population lynx in the contiguous United States as should be managed in cooperation with described in the ‘‘Distribution and meets the significance criteria for Canada. Conversely, several Status’’ and ‘‘Finding’’ sections. establishment of a DPS. In the proposed rule we attempted to commentors believe that lynx in the Additionally, we believe the criterion identify whether each of the States southern portion of Canada have relating to a ‘‘significant gap’’ in the historically supported or currently sharply declined and that we cannot species’ range applies to any discrete support resident populations of lynx. rely on immigration from Canada, nor unit that exhibits significance regardless The Act does not make a distinction Canadian management of lynx, to of whether it is on the edge of the between protection of resident and maintain lynx in the United States. species’ range. For example, there may migratory or transient species, or Several commentors believe that the be situations where populations at the between resident populations and those lynx deserves protection under the Act edge of a species range may have unique supported by immigration from Canada. based solely on its United States’ genetic characteristics or may have Whether a species resides in whole or population. adapted to unique or unusual ecological in part in the United States, it is eligible Response—The Service’s Vertebrate conditions. for protection under the Act. In many Population Policy, published in the Finally, after we established that the instances we cannot be certain whether Federal Register on February 7, 1996 United States’ population of lynx is the lynx was historically resident in a (61 FR 4722) specifies that a population discrete and significant, we then region or was wholly made up of segment may be found to be discrete if applied the listing criteria to the transient animals from Canada or other it satisfies one of two conditions. One of contiguous United States’ population of parts of its range, or a combination of the two conditions states, ‘‘It is lynx and determined that it meets the these (see ‘‘Background’’ and delimited by international governmental definition of a threatened species under the Act (see Factors A-E in the ‘‘ ‘‘Distribution and Status’’ sections). boundaries within which differences in However, given the available Summary of Factors’’ section). control of exploitation, management of Issue 8—Many commentors believed information from occurrence records, habitat, conservation status, or habitat maps, and comparisons of that lynx in different regions of the regulatory mechanisms exist.’’ We have United States, isolated in island harvest records from the United States determined that lynx occur in both and Canada, we concluded that certain populations and divided regionally by resident populations and as transients ecological barriers, even State areas, such as the Northern Rockies/ in the contiguous United States and Cascades Region, continue to support boundaries, are biologically significant conclude that this population satisfies self-sustaining resident lynx and should be considered for listing the above requirement for discreteness populations, while in other areas or separately so that each population can based on the international boundary regions we were unable to determine the be protected and managed according to between Canada and the contiguous historic or current presence of a resident its needs. They think that, for a wide- United States and the differences in lynx population based on available ranging species such as lynx, the status information (see ‘‘Distribution and management of lynx between Canada of the lynx population in Montana Status’’ section). and the United States (see ‘‘Distinct should have no bearing and should not Issue 7—Numerous commentors made Population Segment’’ section). While we provide a baseline for populations the following statements: The proposed recognize that portions of the struggling to survive elsewhere in the rule failed to demonstrate that the contiguous United States DPS of lynx lower 48 States. In particular, they contiguous United States population are part of a trans-border population, stated that the Southern Rockies meets represents a DPS and, given the large when using the international boundary the definition of a DPS and that it areas of habitat still directly connected as a criterion for establishing should be listed as endangered because to Canada, evidence of movement across discreteness, the Vertebrate Population it is likely on the verge of extirpation, the international border, and the failure Policy does not make a distinction of is genetically isolated, faces continued to demonstrate that the United States’ whether there is movement between the threats, and meets the definition of an population is significant, designation of two populations. While we recognize unusual or unique ecological setting. a contiguous United States DPS for lynx that this movement occurs, and we These commentors stated that loss of is not warranted. The Vertebrate believe that immigration from Canada lynx in the Southern Rockies would Population Policy does not provide may strongly influence the persistent result in a significant gap in its range. authority for using an international occurrence of lynx in some portions of Furthermore, there is scientific boundary and differences in the United States’ population (see consensus that lynx were once viable in management programs as a basis for ‘‘Distribution and Status’’ section), this Colorado and southern Wyoming. determining discreteness. Likewise, the does not negate the international Conversely, some commentors believe ‘‘significant gap’’ criterion in the policy boundary for establishing discreteness lynx at the southern edge of the range

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16066 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations should be excluded from listing. They habitat and has the strongest evidence of Oregon, Washington, Wyoming, Maine, stated that existing data suggest that persistent occurrence of resident lynx and Wisconsin. Announcements of the lynx exist in the lower 48 States, populations, both historically and proposed rule and public hearings were especially east of Montana, only as a currently. In the Northeast, Great Lakes, made in local newspapers throughout rare and transitory species at the edge of and Southern Rockies regions, the the range of the lynx. The comment its range, dependent on continued amount of lynx habitat is relatively period on the proposed rule, originally immigration from Canada. limited and does not contribute closing on September 30, 1998, was Response—We recognize that, within substantially to the persistence of the twice extended by request. From the the contiguous United States, the contiguous United States DPS. We time a proposed rule is published, the distribution of the lynx is divided into conclude the Northern Rockies/ Act allows 12 months in which to make four geographically isolated regions; the Cascades Region is the primary region and publish a final determination on a Northern Rockies/Cascades, Southern necessary to support the continued listing action. We extended the 1-year Rockies, Great Lakes and Northeast (see long-term existence of the contiguous period for the lynx final listing ‘‘Distribution and Status’’ and ‘‘Distinct United States DPS. determination for 6 months in a July 8, Population Segment’’ sections). In Issue 9—Several individuals believed 1999, Federal Register announcement evaluating whether these qualified as that we failed to take into account the (64 FR 36836), specifically to allow for separate DPSs or should be considered increased abundance of mountain lions review, evaluation, and comment on the one, we analyzed whether lynx in these as a threat to lynx and that the rule Science Report because there was individual regions qualified as both should acknowledge this concern and substantial disagreement regarding the discrete and significant according to our discuss this factor as potentially sufficiency and accuracy of the DPS policy. We concluded that within affecting Canada lynx. information. On August 18, 1999, we the United States they were Response—At the time we wrote the announced in the Federal Register that geographically isolated and, therefore, proposed rule to list the lynx as a we were reopening the comment period qualified as discrete. When considering threatened species, we did not address for an additional 38 days to allow the whether a population meets the mountain lion competition with lynx public to review and comment on the significance test, policy requires that because we had no information that it proposed rule based on new information our evaluation take into account the was a potential threat. Subsequently, the contained in the Science Report, which population as it relates to the entire Science Report has identified the was placed on the Internet for range of the taxon. In the case of the potential threat of mountain lion accessibility. Press releases were issued lynx, the range of the taxon is extensive competition (Aubry et al. 1999; Buskirk to ensure the public was aware of the and exists mainly in Canada and Alaska. et al. 1999a). Definitive data on the reopened comment period. While we Only a small portion of the range potential threat of mountain lions on received requests to extend the lynx are lacking. However, because extends into the United States. The comment period on the Science Report, known incidents of mountain lions Southern Rockies and Northeast regions we declined to do so because of the time killing lynx are rare, we presume they account for an extremely small fraction frames the Act allows for completion of occupy different ecological niches of the entire range of the taxon. We a final listing determination, the amount (particularly in winter), and because determined that none of the regions of public notice about the Science they depend on different prey, we individually constitute significantly Report and rapid availability of the conclude that the population-level effect unique or unusual ecological settings. Science Report to interested parties via Within all four regions of the contiguous of mountain lions on lynx is minimal the Internet. United States the distribution of lynx is (see ‘‘Factor E’’ of the ‘‘Summary of associated with the southern boreal Factors’’ section). Issue 11—Several individuals believe forest. The important element for lynx is Issue 10—Some commentors believed the lynx should be listed as endangered, forest structure that provides food and we did not provide for adequate public not threatened because they believe the cover for snowshoe hares and cover for participation in commenting on the lynx is in danger of extinction lynx dens, not the specific vegetation Science Report or in response to the throughout a significant portion of its found within the boreal forest. listing proposal. range, that it is part of our cultural Therefore, the individual regions could Response—Prior to making our final heritage and should be protected. They not be considered individually listing determination on the lynx, we stated that in light of the uncertainties significant under our Vertebrate held 11 public hearings and allowed for about the existing information collected Population Policy and could not be a total of 140 days of public comment on lynx status and threats, the Service separated from the contiguous United on the proposed rule and Science should be cautious and protect existing States DPS as a whole. We determined Report. Our proposed rule to list the populations of lynx while additional that, individually, none of the four lynx as threatened, published in the information is collected. If listed as regions fulfill both the discreteness and Federal Register on July 8, 1998, endangered the lynx would receive the significance criteria as required under opened a 60-day comment period full protection of the Act. Listing would the Vertebrate Population Policy (see during which we requested comments focus more attention on the precarious ‘‘Distinct Population Segment’’ section). and materials concerning the proposed status of the species and encourage State Therefore, we conclude that the listable rule. At the same time we announced wildlife agencies to do more educational entity is the contiguous United States that 10 public hearings on the proposal outreach and encourage conservation on DPS of the lynx, consisting of the would be held in various locations private lands. These commentors also Northeast, the Great Lakes, the Northern throughout the range of the lynx in the stated that a listing would increase Rockies/Cascades, and the Southern contiguous United States. One attention given to lynx by Federal land Rockies regions. additional public hearing was management agencies and would Within the contiguous United States, announced on August 26, 1998 (63 FR provide the oversight that is needed to the relative importance of each region to 45445). Open houses and public ensure conservation and recovery the persistence of the DPS varies. The hearings, providing a forum for verbal activities are implemented and are Northern Rockies/Cascades Region comment on the proposed rule, were effective. Some commentors also supports the largest amount of lynx held in Colorado, Idaho, Montana, believed that failure to list the lynx as

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16067 endangered would be contrary to the protect the species. However, there is oversight role would follow the issuance settlement agreement and other court- inconclusive evidence that any of these of a special rule. ordered stipulations, as well as the factors, with the exception of Response—Section 4(d) of the Act Service’s listing priority guidance. They inadequate regulatory mechanisms, may provides that whenever a species is stated that the proposed rule to list the actually adversely affect the contiguous listed as threatened, the Secretary of lynx as threatened rather than United States’ lynx population. At the Interior will issue regulations deemed endangered is inconsistent with the local level, particularly in the Southern necessary and advisable to provide for prior ‘‘warranted’’ petition finding of Rockies, habitat loss and fragmentation the conservation of the species. May 27, 1997, in which the Service may negatively affect lynx (see ‘‘Factor We have issued regulations that assigned the lynx its highest listing A’’ and ‘‘Factor E’’ of the ‘‘Summary of generally apply to threatened wildlife priority number because of the Factors’’ section). However, at the DPS virtually all the prohibitions that section magnitude and imminence of the scale, we conclude the factor 9 of the Act establishes with respect to threats. Conversely, some commentors threatening lynx is the inadequacy of endangered wildlife. These believed that a listing as threatened was existing regulatory mechanisms, prohibitions, in part, make it illegal for more appropriate and would provide specifically the lack of guidance for any person subject to the jurisdiction of the opportunity and resources to plan a conservation of lynx and lynx habitat in the United States to ‘‘take’’ any listed conservation strategy at the landscape Federal land management plans (see wildlife species; to harass, harm pursue, scale. ‘‘Factor D’’ of the ‘‘Summary of Factors’’ hunt, shoot, wound, kill, trap, or collect Response—When evaluating whether section). A substantial number of the any threatened or endangered species or a species, or in this case a DPS, should primary areas of lynx occurrence are on to attempt to engage in any such be listed as threatened or endangered, Federal lands (see ‘‘Factor A’’ of the conduct (16 U.S.C. section 1532 (19)). we first assess the current status of the ‘‘Summary of Factors’’ section) where Our regulations for threatened DPS and then analyze the degree, programs, practices and activities wildlife also provide that a ‘‘special magnitude and imminence, of the allowed by current plans may rule’’ under section 4(d) of the Act can be tailored to define the section 9 threats to its continued existence. If we cumulatively impact lynx. conclude that a DPS of a species is prohibitions for particular threatened In the settlement agreement dated species. In that case, the general likely to go extinct in the foreseeable February 12, 1998, we agreed to publish future, then we must list it as regulations applying most section 9 a proposed rule to list the lynx within prohibitions to threatened species do endangered. If we conclude that it is the contiguous United States under likely to become endangered in the not apply to that species, and the section 4 of the Act. At the time, we had foreseeable future then we must list it as special rule is to contain the not determined whether it warranted threatened. While we made an extensive prohibitions (and exemptions) necessary threatened or endangered status. In the effort to find and assess all the available and appropriate to conserve that ‘‘warranted but precluded’’ petition information on the status of lynx in the species. finding of May 27, 1997, we assigned contiguous United States, the best Such regulations generally are issued the lynx a listing priority number of 3. scientific information available does not and published as special rules in the Guidelines for assigning listing priority provide a clear picture as to the current Federal Register along with or following numbers, published in the Federal status of the species (see ‘‘Distribution a listing. This final rule includes a Register on September 21, 1983 (48 FR and Status’’ section). The lack of special 4(d) rule that addresses the information on lynx does not allow us 43098), describe a system for taking and export of captive lynx. To to determine with certainty whether the considering three factors in assigning a address incidental take of lynx while species’ population trend is stable, species a numerical listing priority on a engaged in otherwise lawful hunting increasing or declining. However, we scale of 1–12. The three factors are and trapping for bobcat we are currently can make several inferences from the magnitude of threat (high or moderate to consulting under section 7 of the Act available data. Resident populations low), immediacy of threat (imminent or with the U.S. Fish and Wildlife continue to exist in the Northern non-imminent), and taxonomic Service’s Office of Management Rockies/Cascades and Northeast distinctiveness (monotypic genus, Authority which issues CITES permits regions. Available information provides species or subspecies/population). For a for export of bobcat pelts. Additionally, evidence that within the contiguous population, such as the contiguous we have worked with State and Tribal United States, lynx continue to occur in United States’ Canada lynx population, agencies and are currently preparing an most places with historical evidence of listing priority numbers of 3, 6, 9, or 12 additional special 4(d) rule to address persistence except for possible range are possible. At the time of the incidental take of lynx resulting from reductions in the Northeast and ‘‘warranted but precluded’’ finding we otherwise lawful hunting and trapping Southern Rockies. Given available concluded that the overall magnitude of for species other than bobcat (and other information on current and historical threats to lynx was high and that the than lynx). This proposed amendment lynx occurrence and threats, as threats were imminent. Therefore, a to the special rule will describe the identified in the ‘‘Summary of Factors’’ priority number of 3 was assigned. New Federal oversight that will be required section, we conclude that the information indicates that threats are at if the rule is implemented. We hope to contiguous United States DPS of the a much lower magnitude than publish the proposed special rule in the lynx is threatened (see ‘‘Finding’’ previously believed (see ‘‘Summary of Federal Register as soon as possible section). Factors’’ section). following this listing rule. In the proposed rule, various threats Issue 12—Several commentors were Issue 13—One commentor asked what were identified as potentially affecting concerned that we did not propose a role the Draft Lynx Conservation lynx populations (see ‘‘Summary of special 4(d) rule for incidental take of Assessment and Strategy (LCAS) would Factors’’ section), including lynx along with the proposed listing. play in the long-term conservation of competition, habitat loss and They encouraged us to cooperate with lynx if the species were listed. Another fragmentation, and the inadequacy of the respective States and Tribes in the commentor was concerned about existing regulatory mechanisms (in the development of a 4(d) rule and conferencing with other Federal form of land management plans) to wondered what type of Federal agencies to conserve lynx and how we

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16068 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations intended to work with other agencies to contiguous United States as threatened, delisting of species any factor not identify and implement protective lynx conferencing is no longer applicable and related to the biological status of the measures. They suggested that a any agency actions that may affect the species. The committee strongly comprehensive review of the Forest lynx will need to be addressed under believes that economic considerations Service Forest Management Plans is consultation in accordance with section have no relevance to determinations needed to assess their impacts upon 7(a)(2) of the Act. regarding the status of species * * *,’’ potential lynx habitat and that For the lynx, the Forest Service, BLM, H.R. Rep. No. 567, Part I, 97th Cong., 2d management plans should be revised to National Park Service, and the Service Sess. 20 (1982). Therefore, we have not improve snowshoe hare and lynx recognized that Federal agencies have a considered the impacts of listing on habitat. Many commentors also stated significant role in the conservation of economic development in making this that Federal agencies should manage lynx. They established a Lynx Steering listing determination. However, and protect public lands in a manner Committee in 1998 consisting of economic impacts will be considered in that will increase snowshoe hare representatives from each agency. The the designation of critical habitat. habitat. Steering Committee provides oversight Issue 15—We received numerous Response—The LCAS was developed and guidance to teams established to comments concerning the impact of a to provide a consistent and effective address various lynx conservation listing on the status of introduced lynx approach to conservation of lynx on issues on Federal lands. One team in Colorado and requests that these Federal lands in the contiguous United developed the LCAS; another team animals be declared a 10(j) States (United States Forest Service et developed the Science Report; a third ‘‘nonessential experimental al. 1999). It was developed by the Forest team prepared a biological assessment population.’’ Service, Bureau of Land Management to evaluate the effects of Forest Service Response—The term ‘‘experimental (BLM), National Park Service, and the and BLM Land Management Plans on population’’ as defined in the Act, refers Service. The overall goals of the LCAS lynx. All of these efforts are intended to to any population (including any were to develop recommended lynx plan and implement sound conservation offspring arising solely therefrom) of an conservation measures, provide a basis actions and management decisions for endangered species or a threatened for reviewing the adequacy of the Forest lynx on Federal lands. species released outside the current Service and BLM Land and Resource Issue 14—Numerous commentors range of the species to further its Management Plans with regard to lynx were concerned about the economic, conservation. Experimental populations conservation, to facilitate section 7 social, and cultural effects of listing the can only be established when they are conferencing and consultation under the lynx. They believed a listing would wholly separate geographically from Act should the lynx be listed (see result in increased burdens on local nonexperimental populations of the ‘‘Factor D’’ of the ‘‘Summary of Factors’’ economies affecting jobs, culture and same species. Since there is no clear section) and to guide future recovery way of life, and that the cost of evidence of the absence of a lynx efforts. The ‘‘Draft Biological implementing a lynx conservation and population within the area prior to Assessment of the Effects of National recovery program is not an efficient reintroduction, establishment of an Forest Land and Resource Plans and allocation of tax dollars. ‘‘experimental population’’ would not Bureau of Land Management Land Use Response—When drafting the Act, be possible and was not pursued in Plans on Canada Lynx’’ (DBA) identified Congress found in section 2(a)(1) that, Colorado. The lynx that were recently potential effects resulting from 57 Forest ‘‘various species of fish, wildlife and introduced into Colorado from Canada Service Land and Resource Management plants in the United States have been and Alaska were released prior to this Plans and 56 BLM Land Use Plans rendered extinct as a consequence of rule and the resulting placement of the within the 16-State area where lynx economic growth and development species on the list of threatened and were proposed for listing (United States untempered by adequate concern and endangered species. Therefore, as of this Forest Service and Bureau of Land conservation.’’ In keeping with this final rule, they are considered resident Management 1999). finding, listing decisions, other than lynx and do not qualify as an Section 7(a)(4) of the Act states that critical habitat designations, are not experimental population. Further, these Federal agencies shall confer with the subject to economic analyses. The reintroduced lynx are included as part Service on any agency action which is purpose of listing a species is to provide of the listed entity and placed on the list likely to jeopardize the continued a means whereby the ecosystems upon of threatened and endangered species as existence of any species proposed to be which endangered species and of the effective date of this final rule. listed under section 4 of the Act or threatened species depend may be Issue 16—Several commentors result in the destruction or adverse conserved, to provide a program for the believed that there is a very limited modification of critical habitat proposed conservation of such endangered potential, or none at all, for re- to be designated for such species. species and threatened species, and to establishment, recolonization, and Conferencing is a process of early take such steps as may be appropriate to population expansion of historic lynx interagency cooperation involving conserve the various species facing habitat because of habitat changes, informal or formal discussions between extinction. In accordance with 16 U.S.C. human-induced mortality, and bobcat a Federal agency and the Service 1533(b)(1)(A) and 50 CFR 424.11(b), and mountain lion competition with regarding the likely impact of an action listing decisions are made solely on the lynx. They believed the lynx decline is on proposed species or critical habitat. basis of the best scientific and the result of global warming, a natural It is designed to help Federal agencies commercial data available. In adding the factor which has allowed the prey identify and resolve potential conflicts word ‘‘solely’’ to the statutory criteria generalists, and bobcat and mountain between an action and species for listing a species, Congress lion, to move into lynx territory and conservation early in a project’s specifically addressed this issue in the outcompete this less adaptable planning and to develop 1982 amendments to the Act. The specialist. recommendations to minimize or avoid legislative history of the 1982 Response—We recognize that some adverse effects to proposed species or amendments states— ‘‘The addition of historic lynx habitat may no longer be proposed critical habitat. With this final the word ‘solely’ is intended to remove suitable for recolonization of lynx rule to list the lynx within the from the process of the listing or because of habitat changes. However,

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16069 we do not agree that global warming or forest planning as mechanisms to and occupies substantial amounts of the expansion of the bobcat range has conserve candidate species and species habitat on Federal lands. Furthermore, resulted in eliminating historic habitat at risk. We are signatories to numerous we have identified the major threat to from recolonization by lynx. There is no candidate conservation agreements lynx as the inadequacy of Federal evidence that either the bobcat or across the country. The Act requires us regulatory mechanisms to provide for mountain lion outcompete the lynx for to consider conservation efforts by the the long-term conservation of the habitat and food resources (see ‘‘Factor States and others in listing decisions. species. Listing the lynx under the Act E’’ of the ‘‘Summary of Factors’’ However, to conclude that a confers substantive protections not section). The lynx, bobcat, and conservation effort removes the need to otherwise provided by State mountain lion co-evolved in similar, yet list a species, we must determine that management. spatially segregated environments. The the conservation effort is sufficiently We agree that the States maintain lynx is specially adapted for deep snow certain to be implemented and effective. management expertise and knowledge habitats while the bobcat and mountain In the case of amending forest of lynx within their boundaries, lion are not. This special adaptation management plans, we have specifically particularly concerning evidence of allows the lynx to outcompete bobcat identified current Federal regulatory resident populations or individuals and and mountain lion in deep snow mechanisms as a threat to lynx because local snowshoe hare abundance. Much environments. Because we have limited of the ongoing and potential future of the available information on lynx understanding of lynx habitat actions allowed by current Land and status and threats comes from the requirements, it is difficult to determine Resource Management Plans. Changes reports of State wildlife agencies. States precisely the amount of habitat available in land management plans to manage have already taken significant steps historically or currently. In the majority these potential threats would result in a within their jurisdiction to conserve of the range of lynx in the contiguous significant reduction to the current lynx. With the exception of Oregon, all United States, suitable habitat remains threats facing the species and, therefore, States within lynx range have closed available (see ‘‘Factor A’’ of the would strongly factor in future lynx lynx trapping seasons. In some cases ‘‘Summary of Factors’’ section). There is status determinations. In the case of they have been closed for more than 2 no evidence to support global warming State regulatory and conservation decades. New York and Colorado have as a threat to the lynx. mechanisms, we also have identified attempted lynx reintroduction as a Issue 17—Several commentors stated that existing State programs will be means to re-establish viable that in lieu of listing, we should pursue essential in lynx conservation and populations. Long-term conservation of candidate conservation mechanisms recovery (see ‘‘Issue 19’’). the lynx will not only be dependent on that eliminate the need to list. Efforts Issue 18—Numerous State agencies the States continuing their respective should be focused on landscape believe that Federal intervention is not conservation programs, but on Federal planning, developing conservation necessary to manage and protect the agencies improving their efforts to agreements, forest management plans lynx and that State regulatory protection conserve lynx and, where necessary, and lynx conservation criteria in lieu of is adequate. Some States hold that they amending regulations, policies and/or listing. A multi-species forest planning are already doing everything they can to practices for the conservation of the process, incorporating not only species protect and conserve the lynx. They species. but special habitats and unique further believe that States are in a better When a species is listed under the biological communities, would be a position to manage the lynx in the Act, additional protections and better approach, providing more future, as they maintain the bulk of the prohibitions are applied. These efforts protection to lynx and other wildlife information and management expertise further conservation in several ways. communities, than a single species and that we should, as an interim step, When a species is listed under the Act listing under the Act. They believed that assist the respective States and other as either threatened or endangered, it managing for only one species might be Federal agencies in gathering biological becomes illegal to ‘‘take’’ the species detrimental to other species or information and implementing without a permit or incidental take communities. management plans through funding or statement from the Service. The term Some commentors stated that we joint ventures. They questioned how the ‘‘take’’ means to harass, harm, hunt, failed to take into account the Act provides for a species’ recovery. should, wound, kill, trap, capture, or continuing forest fragmentation and Response—The role of the Service, as collect, or to attempt to engage in any increased competition brought on by mandated by the Act, is more such conduct. ‘‘Harm’’ is further defined road construction, excessive timber encompassing than is the role of to include significant habitat harvest, off-road back country use and individual States, or even groups of modification or degradation that results ski area development. They stated that States. States are responsible for the in death or injury to listed species by we should implement strong standards management of species within their significantly impairing behavioral to prevent excessive logging, road boundaries and to their credit, most if patterns, such as breeding, feeding, or development, and other human not all States have implemented lynx sheltering. ‘‘Harass’’ is defined as developments in important lynx habitat. management measures. The Service, actions that create the likelihood of Lynx conservation can only be achieved pursuant to the Act, must evaluate the injury to listed species to such an extent at the landscape scale. They further status of a species throughout its entire as to significantly disrupt normal believed that we failed to take into range and, when determined necessary, behavior patterns, which include but are account the adequacy, inadequacy, provide for its conservation and not limited to breeding, feeding, or political pressures, and limitations of recovery. In the case of the lynx, this sheltering. Federal agencies are required current State and Forest Service includes 14 separate States. While some to conserve species listed under the Act programs and questioned the role of States may still harbor resident and to consult with the Service on any these existing programs for lynx as populations of lynx, the status of lynx actions that may affect the species. regulatory mechanisms. in other States is unclear. The Service, Furthermore, the Act requires that the Response—We fully support as a Federal agency, is responsible for Service develop and implement a candidate conservation mechanisms, coordinating recovery of a species such species recovery plan unless such a plan landscape planning, and changes in as the lynx that crosses State boundaries will not promote the recovery of the

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16070 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations species. When a species is considered organizations, scientific experts, and review in listing decisions during the recovered, it can then be removed from individuals. All comments received public comment period in the following the list of threatened and endangered have been incorporated into the manner—(1) Solicit the expert opinions species. administrative record for this rule and of a minimum of three appropriate and Issue 19—One commentor stated that have been reviewed and incorporated independent specialists regarding if the lynx were listed, restrictions into our decision making process. pertinent scientific and commercial data imposed, such as limitations on While we recognize that there are and assumptions relating to the trapping, would interfere with Tribal limitations to the Science Report and taxonomy, population models, and treaty rights. have attempted to explain these supportive biological and ecological Response—We have been throughout this rule, we also believe information for species under communicating with Tribal that it provides a comprehensive review consideration for listing; and (2) governments regarding development of of the current knowledge concerning the Summarize in the final decision a special 4(d) rule (see ‘‘Issue 12’’) that lynx in the contiguous United States. document the opinions of all would address the incidental take of Therefore, we could not ignore it during independent peer reviewers received on lynx resulting from otherwise legal our review. We have conducted an the species under consideration. trapping and hunting for species other exhaustive review of the Science Report In accordance with this policy, in a than lynx on Tribal lands. Under and all available literature and data on letter dated August 21, 1998, we Executive Order 13084 ‘‘Consultation lynx in the United States, as well as the solicited the expert, independent and Coordination with Indian Tribal extensive comments we received on the professional opinion of six peer Governments’’ (63 FR 27655, May 14, proposed listing. Because of the wide reviewers. We specifically asked the 1998) we are to inform and receive range of the species, sizable list of reviewers to address the following input from Tribal governments of any interested parties and time limitations, questions—(1) Does the information actions, such as listings under the Act, it was not possible to convene a referenced and described in the that may affect Tribes and to work to workshop of all interested parties ‘‘Distribution and Status’’ section of the resolve any conflicts. However, there are specifically to discuss the Science proposed rule support the Service’s certain circumstances where we cannot Report. However, we have been in conclusions regarding the status of the resolve issues to everyone’s satisfaction. contact with specialists knowledgeable lynx in the contiguous United States; The Act applies to Tribal, as well as all about lynx, hares, forest ecology and and (2) Does the information referenced other lands within the United States, management, and potential lynx and described in the ‘‘Summary of and, therefore, the prohibitions brought competitors to discuss various issues Factors Affecting the Species’’ section of on by the listing of a species, also apply. about the Science Report. This also is the proposed rule support the Service’s There are numerous Tribes within the part of the administrative record for this conclusions about threats to the lynx in range of the lynx that might be affected finding. the contiguous United States? We also by this listing. On some Tribal lands Issue 21—Numerous responses requested the reviewers advise us of lynx harvest seasons have already been addressed and opposed a proposed other available information that would closed. We will continue to work with reintroduction of lynx into Idaho. assist us in making a final listing Tribal governments to avoid or Response—We received extensive decision. minimize conflicts should they arise. comment on this particular issue and In response to our solicitation, we Issue 20—In response to our are addressing it here for clarification received two comment letters. Both reopening of the comment period for purposes. We have not proposed a commentors stated that they believed review of the Science Report we reintroduction effort for Idaho. At this the status and threats to the lynx were received numerous specific comments time, we have not proposed any reliably documented in the proposed on the adequacy, accuracy and reintroduction efforts for lynx. Past rule. The commentors provided some reliability of the Science Report. One reintroduction, both in New York and in additional information concerning an commentor believed we should convene Colorado, have been initiated and ongoing survey for lynx populations and a Blue Ribbon panel to review the conducted by State wildlife agencies the status of lynx in Idaho, Washington, Science Report and make those because they believed the lynx had been and Wyoming, and also commented that deliberations part of the record. The extirpated or extremely reduced in our conclusion that resident information should be shared with the numbers in specific, historically populations of lynx historically States and collaborative workshops occupied habitat. In recent years, Idaho occurred in Massachusetts, conducted to ensure that all information Department of Fish and Game Pennsylvania, and Utah, and possibly is thoroughly evaluated and judged considered reintroducing lynx into the Vermont and New Hampshire, was fairly against standards that are State. If during the course of recovery problematic. This information has been supportable. planning for lynx, reintroduction are incorporated into our discussion of the Response—We employed a seldom- proposed, we would conduct extensive status of the species. The same response used section of the Act, section public outreach, with public hearings also indicated that the forest practice of 4(b)(6)(B), in extending the time frame and comment periods, to determine the precommercial thinning was a greater for issuance of a final listing rule by 6 feasibility of such a project. threat than we had indicated and felt months. We reopened the comment that conservation of lynx across Peer Review period on the lynx proposed rule southern Canada was important to specifically to allow for review, On July 1, 1994, we published a conservation of lynx across the northern evaluation, and comment on the Science notice in the Federal Register United States. These comments also Report because there was substantial announcing our interagency policy to have been incorporated into our disagreement regarding the sufficiency clarify the role of peer review in analyses. and accuracy of the data relative to the activities we undertake under authority listing determination in the proposed of the Act (59 FR 34270). This Summary of Factors Affecting the rule. We solicited comments on the Interagency Cooperative Policy on Peer Species Science Report from hundreds of Review states that it is the policy of the Section 4 of the Act and regulations agencies, Tribal governments, Service to incorporate independent peer (50 CFR part 424) promulgated to

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16071 implement the listing provisions of the forest management can be benign, stages in forests preferred by snowshoe Act set forth the procedures for adding beneficial, or detrimental to lynx hares (Monthey 1986; Quinn and Parker species to the Federal lists. A species depending on harvest methods, spatial 1987; Koehler 1990; Koehler and Brittell may be determined to be an endangered and temporal specifications, and the 1990; Washington Department of or threatened species due to one or more inherent vegetation potential of the site. Wildlife 1993; McKelvey et al. 1999c). of the five factors described in section For example, intensive tree harvesting Lynx can readily move across 4(a)(1). These factors and their (large-scale clearcutting) can eliminate landscapes fragmented by commercial application to the Canada lynx (Lynx the mosaic of habitats and mix of forest forestry (Squires and Laurion 1999). canadensis) are discussed below. stand age classes that promote lynx Larger openings can often more closely survival, including late successional resemble vegetative patterns that follow Factor A. The Present or Threatened seral stages that support lynx denning natural disturbance events, and decrease Destruction, Modification, or and red squirrel habitat, and early amounts of edge favorable to generalist Curtailment of Its Habitat or Range successional snowshoe hare habitat. The predators (McKelvey et al. 1999c). Factors affecting lynx habitat include response of lynx populations to Natural fire has an important role in human alteration of the distribution and particular vegetative mosaics is forest ecology in some forest types in abundance, species composition, unknown. However, timber harvest can the United States. During the early 20th successional stages, and connectivity of result in reduced cover, unusable forest century, Federal and State agencies in forests, and the resulting changes in the openings, and large monotypic stands the contiguous United States enacted a forest’s capacity to sustain lynx with sparse understories that are policy of suppressing forest fires. The populations. People change forests unfavorable for lynx and snowshoe effects of fire suppression, as well as through timber harvest, fire suppression hare, the primary lynx prey (Brittell et timber harvest, on lynx habitat vary and conversion of forest lands to al. 1989; de Vos and Matel 1952; Harger among the geographic regions (Agee agriculture. Forest fragmentation may 1965; Hatler 1988; Koehler 1990; K. 1999) and will be discussed separately eventually become severe enough to Gustafson, pers. comm. 1994; J. Lanier, below for western and eastern regions. isolate habitat into small patches, pers. comm. 1994). Some studies McKelvey et al. (1999b) used lynx thereby reducing the viability of wildlife indicate that lynx avoid openings such occurrence data to describe lynx that are dependent on larger areas of as clear-cut, unforested areas, and distribution patterns and habitat forest habitat (Litvaitis and Harrison grasslands (Koehler et al. 1979; Koehler associations. The primary vegetation 1989). and Brittell 1990; Murray et al. 1994). classes encompassing the majority of Since the publication of the proposed Snowshoe hares also are unlikely to use lynx occurrences in the West were rule, we received new information such areas because of the lack of cover Rocky Mountain Conifer and Pacific related specifically to lynx—habitat (Koehler et al. 1979; Koehler and Aubry Northwest Conifer, including Douglas- associations (McKelvey et al. 1999b; 1994; H. Golden, Alaska Department of fir and western spruce/fir and fir/ United States Forest Service and Bureau Fish and Game, pers. comm. 1994). hemlock. In the Great Lakes, the of Land Management 1999), the Mechanical thinning of densely stocked primary vegetation class was Mixed distribution and ownership of lynx young stands to promote vigorous Deciduous-Coniferous, and in the forest types as well as the amount of growth of fewer trees can reduce the Northeast, Mixed Forest-Coniferous habitat in specific Federal land stem densities required to support high Forest-Tundra. These broad vegetation allocations (United States Forest Service numbers of snowshoe hare (United classes include areas that because of and Bureau of Land Management 1999), States Forest Service et al. 1999a). elevation or other physical factors are the types and effects of different forest Reductions in cone-bearing mature and not considered lynx habitat and cannot management practices (United States older forests can result in decreases in easily be deleted from the data. Forest Service et al. 1999), the effects of habitat for red squirrel, an important Therefore, accurate assessments of the fire suppression (Agee 1999), and some alternate lynx prey (Koehler 1990; total amount of lynx habitat within probable implications of forest O’Donoghue 1997; Apps 1999; Mowat et these regions is not possible. However, management practices on lynx forest al. 1999). we assume that the areas encompassed types (McKelvey et al. 1999d). Forestry practices can be beneficial within these vegetation classes contain New information suggests that lynx in when the resulting understory stem the majority of lynx habitat types in the the contiguous United States occur at densities and structure meet the forage regions. We also assume that pockets of naturally low densities. Lynx are and cover needs of snowshoe hare lynx habitat may occur outside these limited to moist, cool boreal forests that (Keith and Surrendi 1971; Fox 1978; broad vegetation classes. With these support some minimum density of Conroy et al 1979; Wolff 1980; Parker et assumptions in mind, where our snowshoe hares, where winters are al. 1983; Litvaitis et al. 1985; Monthey discussion is based on lynx/habitat snowy (Ruggerio et al. 1999b). 1986; Bailey et al. 1986; Koehler 1990; associations as reported in McKelvey et Snowshoe hares in the contiguous McKelvey et al. 1999d). Hodges (1999a, al. (1999b), we shall refer to the United States occur at low levels 1999b) illustrated that snowshoe hare landscapes characterized by these broad compared to northern reaches of their densities are highest in regenerating vegetation classes as lynx forest types. range in Canada and Alaska (Hodges stands with very high stem densities. 1999a, 1999b). Two important human Regeneration harvest can be used to Northern Rockies/Cascades and influences on snowshoe hare habitat are create high quality snowshoe hare Southern Rockies timber harvest and fire suppression; habitat, especially where natural In the western regions, most lynx however, our knowledge of how lynx regeneration would be expected to forest types occurs on Federal lands. Of populations respond to these specific provide dense young vegetation. all western forest types, the western impacts is limited. Although large openings may initially boreal forests (subalpine fir/spruce In all regions of the lynx range in the be underused by snowshoe hare and forests which provide lynx habitat) have contiguous United States, timber harvest lynx, regeneration harvest units in the highest proportion of reserved land, and its related activities are a appropriate habitat types eventually (in largely because they are primarily in predominant land use affecting lynx 15 years or more depending on the type public ownership and are the least habitat. Timber harvest and associated of forest) achieve early successional productive timberland, making land use

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16072 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations trade-offs between preservation and of lynx in this area is restricted and successional vegetation created by extraction less controversial than for characterized by patchiness and/or areas timber harvest in lynx forest types on other public lands (Agee 1999). Human of low abundance. There is opportunity western Federal lands over the past land use that changed areas of forest for subpopulations in most of the decade. This likely reduced snowshoe land, disturbance patterns, and specie’s range in this area to interact as hare habitat quality at local scales, dominant tree species is much less a metapopulation; however, some adversely affecting individual lynx. prevalent in the West than in the Great subpopulations are essentially isolated. However, considering the overall Lakes or Northeast boreal forest (Agee At finer scales of analysis, the Forest proportions of lynx forest types affected, 1999). Broad-scale habitat assessments Service and BLM concluded that many timber harvest and precommercial generally support these conclusions. Forest and BLM administrative units thinning on Federal lands are not Large amounts of lynx forest types have land and resource management currently conducted, nor are they likely occur on Federal lands, within both plans that may adversely affect lynx due in the projected future to be conducted, developmental and nondevelopmental to timber harvest activities (United at levels likely to impact lynx at the allocations within the western regions. States Forest Service et al. 1999; United population level. Lands in developmental allocations are States Forest Service and Bureau of However, the Northern Rockies managed for multiple uses, such as Land Management 1999). These plans encompass more privately owned lynx recreation and timber harvest. Lands may affect individual lynx or local lynx forest types than elsewhere in the West. within nondevelopmental allocations populations primarily in the Almost one-third of lynx forest types are are to be managed to allow natural developmental allocation areas of the in private ownership. Although we lack ecological processes to dominate Northern Rockies/Cascades and specific information, large portions of (United States Forest Service and Southern Rockies regions, although the this habitat likely occur on privately Bureau of Land Management 1999). assessment did not quantify the level of owned corporate timber lands where Nondevelopmental lands contain large impact. timber harvest and thinning occurs. portions of wilderness or other natural Since publication of the proposed There are no data available on these areas (D. Prevedal, United States Forest rule, we have received information private lands which would allow us to Service, in litt. 1999). Timber harvest related to past and projected timber make a conclusion concerning the and construction of roads typically do harvest levels and precommercial quality of lynx and snowshoe hare not occur or are very limited in lands thinning activities on Federal lands in habitat. However, there is a potential for managed in nondevelopmental the West. Timber harvest levels on current and future management of these allocations. Large proportions of Federal Federal lands in the West have declined lands to adversely affect lynx. lands in each of the western regions are consistently and dramatically Most lynx forest types in the West managed under nondevelopmental (approximately 80 percent) over the past occur on Federal lands, and large allocations. In an assessment of the decade or longer (R. Gay, United States Federal acreage of this habitat in the Columbia River Basin of eastern Forest Service, in litt. 1999). Timber Northern Rockies/Cascades and Washington and Oregon, Idaho, and harvest in specific lynx forest types also Southern Rockies are managed in western Montana, more than 35 percent has concurrently declined in the nondevelopmental status, where timber of cold forest types encompassing Northern Rockies (B. Ballenbacher, harvest activities and precommercial subalpine fir/spruce habitats, were in United States Forest Service, in litt. thinning generally do not occur. designated wilderness, wilderness study 1999; B. Ferguson, United States Forest Nondevelopmental allocations on areas, or other administrative natural Service, pers. comm. 1999) and Federal lands require that natural areas (United States Department of Cascades (Fred Zenson, United States ecological processes play a dominant Agriculture and United States Forest Service, pers. comm. 1999), and role in the landscape (United States Department of the Interior 1997). the Southern Rockies (B. Short, United Forest Service and Bureau of Land Raphael et al. (1999) developed a States Forest Service, in litt. 1999). Management 1999), as opposed to broad-scale landscape model for lynx The Forest Service’s projected need developmental lands, which are that assessed conditions across the for future precommercial thinning on managed for multiple uses, such as Columbia River Basin. The model was Forest Service lands over the next recreation and timber harvest. based on the changes from historic to decade in the Northern Rockies, Large portions of nondevelopmental current amounts of habitat, landscape Cascades, and Southern Rockies will lands occur in the Northern Rockies and mosaics, disturbance regimes, affect less than approximately 1–4 Cascades regions, which encompass vegetation structures, road densities, percent of primary lynx forest types most of the lynx forest types in and human population. The model within each of these regions (B. Wyoming, Utah, Montana, Idaho, produced two outcomes, a habitat Ballenbacher, United States Forest Oregon, and Washington. We recognize outcome and a population outcome. We Service, in litt. 1999; B. Ferguson, the importance of wildlands and acknowledge that such coarse-scale United States Forest Service, pers. nondevelopmental lands in the analyses may not reflect finer-scale comm. 1999; B. Short, in litt. 1999; F. Northern Rockies/Cascades Region to environmental requirements that Zenson, United States Forest Service, provide lynx habitat that is buffered potentially account for a large amount of pers. comm. 1999). Past thinning and from many human impacts, creating the variation in lynx demographics. timber harvest impacted similarly low most likely stronghold for lynx Preliminary results of the model suggest proportions of lynx forest types on populations in the contiguous U.S. that lynx habitat is broadly distributed Federal lands in the Northern Rockies In the Northern Rockies, nearly 50 and of high abundance (relative to (B. Ballenbacher, in litt. 1999; B. percent of the 35 million acres of lynx historic conditions) across the historic Ferguson, pers. comm. 1999), Cascades forest types is in nondevelopmental range of the species in the Columbia (F. Zenson, pers. comm. 1999) and the allocations on Forest Service lands or River Basin, and provides opportunity Southern Rockies (B. Short, in litt. occurs in National Parks. In the for intraspecific interactions for the 1999). Precommercial thinning has Northern Rockies, 67 percent of the lynx species (Raphael et al. 1999). The occurred in approximately one-fifth (B. forest types are managed by the Forest model’s population outcome for lynx Ballenbacher, in litt. 1999) to one-half Service, 5 percent by the BLM, and 28 suggests that the potential distribution (B. Short, in litt. 1999) of the early percent are in other ownerships (see

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‘‘Table 1’’). The Forest Service and BLM within wilderness or scenic river Prevedal, in litt. 1999). However, the 43 manage over 24 million acres of lynx designations (D. Prevedal, in litt. 1999), percent of federally managed lynx forest forest types. Of federally managed lynx both of which provide restrictions on types that are in developmental status forest types, 57 percent (roughly 14 land use beneficial to lynx. Additional are managed for multiple uses that may, million acres) lies within areas with large tracts of lynx forest types occur in on local scales, conflict with lynx nondevelopmental status. Sixty-seven Glacier (735,310 acres) and Yellowstone conservation. percent of this 14 million acres lie (1,910,590 acres) National Parks (D.

TABLE 1.ÐAMOUNT OF LYNX FOREST TYPES IN GEOGRAPHIC REGIONS IN THE CONTIGUOUS U.S., AMOUNT OF LYNX FOREST TYPES (LFT) ON FOREST SERVICE (FS) AND BUREAU OF LAND MANAGEMENT (BLM) LANDS, AND FEDERAL LAND ALLOCATIONS IN LYNX FOREST TYPES (DATA FROM U.S. FOREST SERVICE AND BUREAU OF LAND MANAGE- MENT 1999)

Percent Total acres FS/BLM Percent all Total acres Total acres FS/BLM Percent LFT in LFT in Geographic region LFT, all LFT on LFT non- LFT on nondevel- nondevel- ownerships FS/BLM developed FS/BLM oped allo- oped allo- allocations cations cations

Cascades ...... 4.2 M 4.1 M 3.6 M 99 87 85 Northern Rockies ...... 34.3 M 24.8 M 14.1 M 72 57 41 Southern Rockies ...... 6.5 M 5.3 M 1.4 M 82 25 23

The Cascades and Southern Rockies cumulative total of 56 percent of Forest Apps 1999; Squires and Laurion 1999; regions encompass substantively Service and BLM lands is managed in J. Organ, U.S. Fish and Wildlife Service, smaller proportions of lynx forest types. nondevelopmental status, comprising pers. comm. 1999). Lynx occurrence In the Cascades Region, 99 percent of over 40 percent of lynx forest types, records provide evidence that lynx lynx forest types are managed by the allowing for 44 percent to be managed continue to be broadly distributed Forest Service, less than 1 percent by for multiple uses which may conflict throughout lynx forest types in the the BLM, and less than 1 percent is in with lynx conservation. National Parks Northern Rockies/Cascades and other ownerships (see ‘‘Table 1’’). The in the western regions add several Southern Rockies (McKelvey et al. Forest Service and BLM manage million acres of lynx forest types in 1999b), both inside and outside of the approximately 4 million acres of lynx more or less undeveloped status. nondevelopmental allocation areas forest types. Of federally managed lynx We conclude that timber harvest within the last decade (U.S. Forest forest types, 87 percent (3.5 million activities and precommercial thinning Service and Bureau of Land acres) lies within areas with may reduce the quality of snowshoe Management 1999). nondevelopmental allocations and 13 hare habitat and red squirrel habitat in Because of the preponderance of lynx percent occur in areas of developmental local areas of the Northern Rockies/ forest types on Forest Service, BLM, and status, where multiple use management Cascades and Southern Rockies, and National Park system lands, Federal occurs. Ninety percent of this 3.5 thus may negatively affect lynx at local land management assumes the largest million acres is in wilderness or in key scales. Furthermore, the large single role in the conservation of lynx watersheds under the Pacific Northwest percentage of Federal lands in in western portions of its range. We Forest Plan, and the remaining 10 developmental status and managed for believe that the large amounts of lynx percent is in matrix lands including late multiple use may, on local scales, forest types managed in successional reserves, which allows conflict with lynx conservation. nondevelopmental allocations, limited timber harvest such as salvage However, based on the large proportion especially in designated wilderness harvest (D. Prevedal, in litt. 1999). In of lynx forest types managed in areas, protects lynx in the Northern Washington and Oregon, the National nondevelopmental status compared to Rockies/Cascades and Southern Rockies Park Service manages an additional the proportion of managed lynx forest and contributes to the likelihood of 200,000 acres of lynx forest types (D. types affected, current regional effects of persistence of lynx into the future. The Prevedal, in litt. 1999). timber harvest and thinning appear to forests upon which lynx depend have In the Southern Rockies, 76 percent of occur at levels that are not likely had less timber harvest, road the lynx forest types are managed by the threatening the Northern Rockies/ construction, and have been modified Forest Service, about 5 percent by the Cascades and Southern Rockies lynx much less than other drier forests (U.S. BLM, and 19 percent is in other populations. Forest Service and Bureau of Land ownerships (see ‘‘Table 1’’). Federally Federal land management in Management 1997). In addition, managed lynx forest types amount to developmental allocations often significant portions of these forests are over 5 million acres. Of the federally maintains conditions suitable for lynx, within areas that do not have roads and managed lynx forest types, only 25 and these lands constitute important have habitat that has been classified as percent (1.4 million acres) lies within landscapes providing regional wilderness. Natural fires are more likely areas with nondevelopmental status connectivity. Construction of roads, allowed to burn in wilderness or areas while the other 75 percent are in timber harvest, and fire suppression without roads, which helps retain developmental status and are managed occur in developmental allocations. diversity in structural stages and create for multiple uses that may, on local However, recent studies of lynx have habitat mosaics in forests for the future. scales, conflict with lynx conservation. documented lynx presence and Also, in the Northern Rockies/Cascades Considering the Northern Rockies, reproduction in a variety of managed Region there are strong habitat Cascades and Southern Rockies, a landscapes (Koehler 1990; Staples 1995; connections to lynx populations in

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Canada. The Northern Rockies/Cascades of the wilderness areas also have the Cascades, fire return intervals in Region has the highest potential for completed similar fire plans, with the many lynx forest types are very long, maintaining a viable lynx population remaining plans close to completion (B. 200–500 years (Agee 1999). Mixed- within the DPS, based upon the large Noblit, U.S. Forest Service, in litt. 1999). severity fire regimes were not common; amount of lynx forest types, the large Glacier and Yellowstone National Parks therefore, fire suppression is not a factor portions of habitat in nondevelopmental allow natural fires to burn under many limiting lynx in the Cascades. In the management, and strong regional conditions. In the Cascades, two of three Northern and Southern Rockies, fire connections to lynx forest types and wilderness areas have fire management intervals also are long and fire regimes lynx populations in Canada. plans in place (B. Naney, U.S. Forest are typically intense (Agee 1999). Where Natural fire has an important role in Service, Okanogan, pers. comm. 1999). mixed-severity fire regimes occur in the forest ecology in western mountain Further, the 1994 Federal Wildland Fire Northern and Southern Rockies, lynx ranges of the United States. Some Policy directs the Department of the habitat quality may be affected at some researchers believe that fire suppression Interior and the Department of local scales, especially outside of during the past 50 years has allowed Agriculture to use a full range of wilderness areas, resulting in adverse certain forest types to mature, thereby potential responses to fire, from full effects to individual lynx. However, reducing habitat suitability for suppression to allowing more fires to considering a larger scale, the current snowshoe hares and Canada lynx burn large areas thereby allowing fires effects of fire suppression alone are not (Brittell et al. 1989; Fox 1978; Koehler to assume a larger role in maintaining threatening the Northern Rockies/ 1990; Washington Department of forest health in the future (B. Meuchel, Cascades and Southern Rockies lynx at Wildlife 1993; T. Bailey, U.S. Fish and pers. comm. 1999; D. Milburn, pers. the population level at this time. Wildlife Service, in litt. 1994; W. Hann, comm. 1999). However, natural fire While recent studies of lynx have U.S. Forest Service, in litt. 1999). regimes are not necessarily restored documented lynx presence and However, others argue that fire because prescriptive criteria to manage reproduction in a variety of managed suppression is most likely affecting lynx these natural wildland fires remain landscapes (Koehler 1990; Staples 1995; habitat in areas where the historical conservative. Apps 1999; Squires and Laurion 1999; frequency of fires is shorter than the Currently, outside large wilderness J. Organ, U.S. Fish and Wildlife Service, length of time fires have been areas in all western regions, most fires pers. comm. 1999), we remain suppressed (P. Stickney, U.S. Forest are suppressed. Most fires (98 percent) concerned about the maintenance of Service, pers. comm. 1994; Agee 1999). are successfully extinguished when lynx habitat conditions, especially since Fire suppression in areas with a history small and only a small proportion of a large percentage of lands managed by of infrequent fire has probably not had fires burn large areas (B. Meuchel, U.S. the Forest Service and BLM are in much impact (Habeck 1985; Agee 1993). Forest Service, pers. comm. 1999; D. developable status and allow programs, In the western boreal forest zone, long Milburn, U.S. Forest Service, pers. practices and activities that may impact natural fire return intervals (150–300 comm. 1999). Fires are extinguished lynx and their primary prey, snowshoe years) signify that removal of fire has largely due to costs, firefighter safety, hare. Lynx occur naturally at very low not been as significant as in the West local human safety and property densities in the contiguous United with lower-severity fire regimes and concerns. The majority of these fires States (see ‘‘Background’’ section). It is return intervals (30–90 years), even occur outside lynx forest types at lower imperative that snowshoe hare and though fire suppression has been in elevations in drier forests. However, alternate prey populations be supported effect for much of this century (Agee fires igniting in the lynx forest types by habitat on Federal lands into the 1993, Agee 1998 in Agee 1999). More outside, and some fires inside, future, to ensure the persistence of lynx frequent fires of lower intensity do wilderness are suppressed, which can in the contiguous United States. occur in some boreal forest types (W. reduce the amount of early seral forests Substantive declines in prey species, Hann, in litt. 1999), although they compared to natural conditions and/or especially snowshoe hare, may result in typically comprise a small proportion of change species composition and a prey base insufficient to support lynx the total area burned (Agee 1999). In structural components of forests (W. populations. Therefore, amendment of forests with high-severity fire regimes, a Hann, in litt. 1999). The total area that Forest Plans to provide protection for number of smaller fires burn a small would have burned had such fires been lynx and lynx habitat is needed to proportion of the forests, while fewer allowed to burn is likely not substantive conserve habitat for lynx and its prey on larger fires account for most of the area when compared to the proportion of the Federal forest lands. Without such burned (McKelvey and Busse 1996 in landscape burned by the large, high- amendments, the species is threatened. McKelvey et al. 1999d; Agee 1999). intensity fires typical of lynx forest Northeast Lynx forest types in the West include a types. However, the resulting pattern of preponderance of forest types with long vegetation mosaic and the mix of stand In the Northeast Region, softwoods natural fire return intervals and high- age classes may be altered, as the large that provided Canada lynx habitat were fire intensity (S. Arno, U.S. Forest fires may burn areas more uniformly logged extensively during the late 1800s Service, in litt. 1998; Agee 1999), which due to lack of fire breaks that would and early 1900s (Jackson 1961; Barbour suggests that removal of fire in lynx have been created by past, smaller fires et al. 1980; Belcher 1980; Irland 1982). forest types has not been as significant (D. Milburn, pers. comm. 1999). Other Over a short time period, timber as in the lower-severity fire regimes of natural processes such as insects, extraction during this era resulted in the the West (Agee 1998 in Agee 1999). disease, and wind-throw also can play replacement of late-successional conifer In the Northern Rockies, most of the a role in affecting the vegetation forest with extensive tracts of very early wilderness areas in Montana and Idaho mosaics. successional habitat, which eliminated have fire management plans that affect Based on available information on fire cover for lynx and hare (Jackson 1961; more than 5 million acres that allow suppression and upon available habitat Keener 1971). In the Northeast Region, naturally caused fires to burn during assessments, we conclude that at the slash, accumulated during logging certain periods and in certain areas (N. present time, fire suppression effects are operations, fueled wildfires that burned Warren, U.S. Forest Service, in litt. less evident in lynx forest types than in vast acreage of softwood forest (Belcher 1999). In Wyoming and Utah, one-third many other forest types in the West. In 1980; J. Lanier, pers. comm. 1994). This

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16075 sudden alteration of habitat may have on lynx on a landscape scale are not events that created early successional resulted in sharp declines in snowshoe known. habitats. While current fire suppression hare numbers over large areas, Forested habitat in the Northeast has on public and private lands may have subsequently reducing lynx numbers increased because of land-use changes localized effects, it is not likely affecting (Jackson 1961; Keener 1971; K. during the past century (Irland 1982; overall lynx forest types in the Gustafson, pers. comm. 1994; J. Lanier, Litvaitis 1993), including the Northeast. We conclude that fire pers. comm. 1994). abandonment of agriculture in many suppression in the Northeast does not The impacts of the logging conducted areas. In some areas there may be a threaten lynx subpopulations there. in the Northeast Region during the late gradual upward trend in the coniferous We conclude that most lynx forest 1800s continue to affect lynx forest component as spruce and fir regenerate types are in private, State, or county types. In Maine, softwood cover and beneath hardwood species (D. Degraff, ownership in the Northeast. Timber dense sapling growth provided pers. comm. 1994). Several of the harvest and associated activities exert improved snowshoe hare habitat after northeastern States support adequate, if the most influence on lynx forest types timber harvest and fires in late not abundant, snowshoe hare in the Northeast, although the extent of successional forests (Monthey 1986). populations (C. Grove, Green Mountain influence of current forest practices on However, in the western sections of the National Forest, pers. comm. 1994; F. lynx is not known. Hurley, in litt. 1994; J. Lanier, pers. Northeast Region, extensive tracts of Great Lakes predominantly softwood forests that comm. 1994). In the Great Lakes Region, as in the were harvested and burned-over during In 1990, the Forest Service published Northeast, softwood forests were logged the late 1800s and early 1900s were a report that examined the Northern extensively during the late 1800s and subsequently replaced with regenerating Forest Lands in New York, Vermont, New Hampshire, and Maine (Harper et early 1900s (Jackson 1961; Barbour et al. hardwoods (D. Degraff, pers. comm. al. 1990). Eighty-four percent of 1980; Belcher 1980; Irland 1982) and 1994; J. Lanier, pers. comm. 1994). northern forest lands in the region are over a short period resulted in the Hardwood forests do not typically currently privately owned and 16 replacement of late-successional conifer supply adequate cover for snowshoe percent are in public ownership. forest with extensive tracts of very early hares (Monthey 1986). For a period of According to another analysis, the successional habitat, which eliminated time, this extensive area would have Forest Service manages only 7 percent cover for lynx and hare (Jackson 1961; provided the early successional habitat of lynx forest types in the Northeast, of Keener 1971). Coniferous forests also used by snowshoe hare. However, such which 23 percent is managed in were cleared for agriculture during this extensive tracts may not have provided nondevelopmental status (U.S. Forest period in the Great Lakes. a suitable mosaic of forest habitats and Service and Bureau of Land In the Great Lakes Region, the Forest as succession progressed, these large Management 1999). Federal land Service manages about 19 percent of the tracts eventually became unsuitable for management will have minimal effect area within which lynx forest types both snowshoe hare and lynx. Declines on the persistence of lynx in the occur, of which 40 percent is managed in snowshoe hare habitat may have Northeast, due to the small amount of in nondevelopmental status (U.S. Forest occurred during the 1940s and 1950s as lynx forest types managed by the Forest Service and Bureau of Land a result of large-scale forest maturation Service. Management 1999). The remaining 80 (Litvaitis et al. 1991). Commercial forestry continues to be percent of the area encompassing lynx In Maine, large tracts of forest (some the dominant land use on 60 percent of forest types in the Great Lakes is in as large as 36-square mile townships) the private lands in northeastern forests. State, county, or Tribal lands, or is were harvested in the 1960s to reduce The rapid pace of subdivision for privately owned. Public or Tribal the incidence of spruce budworm. recreational home sites has been ownership accounts for 41 percent of all During early successional stages, these identified as a concern in maintaining lynx forest types in the region (J. Wright, forests may provide high quality hare the integrity of Northeast forests (Harper in litt. 1999 in U.S. Forest Service et al. habitat. However, these large tracts et al. 1990), though this is not currently 1999). create a simplified, monotypic forest posing a significant threat to lynx. At Timber harvest levels on Federal over large areas, not a mosaic of forest higher elevations and northern latitudes lands in the Great Lakes have declined stands. Passage of the State Forestry in the Northeast, red spruce and balsam by approximately 20 percent over the Practices Act has required clear-cut size fir are important components of past decade (R. Gay, U.S. Forest Service, to be substantially reduced. The Maine snowshoe hare habitat. Declines in red in litt. 1999). While specific information Department of Conservation recently spruce forests have been documented, on timber harvest levels or pulpwood analyzed Statewide timber production and drought, acid deposition, and other production on non-Federal lands in the on Maine’s 17 million acres of forest human-generated pollutants have been Great Lakes was not available, timber land (Gadzik et al. 1998). The report suggested as principal causes (Scott et harvest is generally prevalent on these indicated 25 percent of the forest was in al. 1984). Historic declines in some lands. Past habitat fragmentation likely seedling/sapling stages, which likely forest types may have contributed to occurred from forestry management includes quality snowshoe hare habitat. reducing the quality of lynx habitat in programs, agricultural conversions, However, the report concludes that the Northeast. Current lynx research in residential development and highways. increasing the number of acres under Maine is contributing to our knowledge As in the Northeast, regenerating forests high-yield silvicultural practices, which about lynx habitat use in the Northeast now occupy abandoned farmlands in will likely include precommercial (J. Organ, pers. comm. 1999). northern portions of the Great Lakes. thinning, to a cumulative total of 9 In Northeast forests, fire return However, mixed conifer/hardwood percent of Maine’s forest land by the intervals are very long, due to the moist stands are often replaced by pure year 2015 is necessary to sustain the maritime influence (Agee 1999). Thus, deciduous seral stands, which have current timber harvest levels into the fire did not historically play a been maintained in deciduous stages in future. Such high-yield techniques may significant role in creating early recent years because of the importance temporarily reduce snowshoe hare successional habitats. Insect infestations of aspen as a crop tree (Agee 1999). In habitat quality, but the long-term effects and wind were the primary disturbance the East, hare densities were higher in

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16076 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations coniferous forests than deciduous Plans (see ‘‘Factor D’’ of the ‘‘Summary with Hudson Bay Company’s going out (Litvaitis et al. 1985; Fuller and Heisey of Factors’’ section). This lack of of business and Provinces starting to 1986). On managed timber lands in all guidance allows the potential for future maintain harvest records; we surmise ownerships, the maintenance of aspen degradation of lynx habitat on Federal that the lower harvests are, at least in seral components to produce pulpwood lands through timber management and part, more likely an artifact of changes precludes the establishment of other Federal activities (see ‘‘Factor D’’ in recordkeeping. coniferous forest types, which in turn of the ‘‘Summary of Factors’’ section). Human-induced mortality was likely diminishes snowshoe hare habitat generally believed to be the most Factor B. Overutilization for quality, adversely impacting lynx. significant source of lynx mortality In the Great Lakes, natural fire Commercial, Recreational, Scientific, or (Ward and Krebs 1985). Trapping regimes are frequent and intense (Agee Education Purposes mortality was considered to be entirely 1999). Fire suppression in the Great One of the primary reasons we additive (i.e., in addition to natural Lakes area has changed the dominant proposed to list lynx, based on available mortality) rather than compensatory successional pathways, perhaps information at the time, was our (taking the place of natural mortality) permanently (Agee 1999). However, in conclusion that the low numbers of lynx (Brand and Keith 1979). However, the northeastern portion of Minnesota in the contiguous United States and Canadian researchers determined that fires are allowed to burn in the southern Canada were the residual natural mortality during the declining Boundary Waters Canoe Area. This effects of overtrapping that was believed phase of the lynx cycle is high; portion of the Great Lakes Region may to have occurred in the 1970s and therefore, trapping mortality during provide the highest quality lynx habitat, 1980s, in response to unprecedented some portions of the cyclic decline may as the largely coniferous forests here high pelt prices, a concern that was compensate for natural mortality (Hatler more closely resemble the northern widely shared (Brand and Keith 1979; 1988; Poole 1994; Slough and Mowat boreal forests of Canada than do the Todd 1985; Bailey et al. 1986; Hatler 1996; Poole 1997; Mowat et al. 1999). transitional coniferous/deciduous 1988; Washington Department of Therefore, we recognize that trapping of forests to the south. On other Federal Wildlife 1993). lynx can be both additive and lands in the Great Lakes, fire Since the publication of the proposed compensatory, depending on when it suppression policies are such that fire is rule, we have received substantive new occurs in the cycle. unlikely to assume its natural role in information related to relative numbers From the mid-1970s until the late creating a mosaic of vegetation of lynx in the northern and southern 1980s, prices of lynx pelts were at communities and age classes across the portions of its range. We now record highs throughout the United landscape. Escaped fires and other understand that lynx in the contiguous States and Canada (Todd 1985; Hatler natural processes such as insects, United States always existed at low 1988; Hash 1990). In Montana, the 1974 disease, and wind throw maintain densities, comparable to lynx average pelt price was $63; by 1978 the natural mosaics to some degree. Lynx populations of the northern boreal forest average price increased over 500 percent foraging habitat is likely to be during cyclic lows (Aubry et al. 1999) to $348 (B. Giddings, in litt. 1994). Lynx maintained at levels less than would be (see ‘‘Background’’ and ‘‘Distribution pelt prices peaked in the mid-1980s at provided under natural disturbance and Status’’ sections). These low nearly $500 per pelt and remained regimes. Fire suppression is likely densities of lynx do not appear to be the above $200 per pelt for 12 years until reducing the quality of lynx habitat in result of declining population trends. 1989 (B. Giddings, in litt. 1994). the Great Lakes. Rather, lynx are relatively rare in the In response to declining harvests in Most lynx forest types are in private, contiguous United States because of the late 1970s and 1980s, Washington, State, or county ownership in the Great habitats that are inherently unable to Montana, Minnesota, Alberta, British Lakes and timber harvest is prevalent on support cyclic, high-density snowshoe Columbia, Manitoba, Ontario, Quebec, these lands. We conclude that timber hare populations and are thus unable to and Alaska severely restricted or closed harvest and fire suppression may be sustain cyclic, high-density lynx their lynx harvest seasons because of impacting lynx and prey habitat in the populations. concern that lynx populations had been Great Lakes Region. Trapping records are the best, long- overexploited (Bailey et al. 1986; Hatler However, we further conclude that term lynx data available. Harvest returns 1988; Hash 1990; Washington timber harvest and fire suppression may are generally indicative of, but do not Department of Wildlife 1993; S. Conn, have regional or local impacts but do represent, real population changes in litt. 1990; M. DonCarlos, in litt. 1994; not currently threaten the contiguous because of the number of factors that B. Giddings, in litt. 1994; R. McFetridge, United States population. Considering influence trapper effort and success, Alberta Environmental Protection, in the entire United States distinct such as changes in socioeconomic litt. 1994; I. McKay, in litt. 1994). population segment, we remain conditions, season length, quotas and Based on information obtained since concerned about maintenance of lynx trapping restrictions, and ease of access the proposed rule, we now recognize habitat conditions, especially in areas (Hatler 1988; Mowat et al. 1999). Mowat that the cyclic peak harvest returns of outside nondevelopmental lands in the et al. (1999) suggest that fur prices likely the early 1960s and 1970s were West. It is imperative that snowshoe affect harvest over the short-term but unprecedented highs for the 20th hare and alternate prey populations be that it may not be valid to compare and century (e.g., Figures 8.3 and 8.6 in supported by habitat on Federal lands contrast inflation-adjusted prices and McKelvey et al. 1999b; Figure 9.4 in into the future, to ensure the persistence harvests that occurred decades apart. Mowat et al. 1999). Wildlife managers of lynx in the contiguous United States. Mowat et al. (1999) conclude trapping may have expected harvest returns We conclude that the single factor can reduce lynx numbers and that lower during the 1980s and 1990s to be threatening the contiguous United lynx harvest levels in Canada in the first comparable to the anomalous cyclic States distinct population segment of half of the 20th century were possibly peaks of the 1960s and 1970s. When lynx is the lack of guidance for a result of overtrapping. However, prior harvest returns failed to be as high as conservation of lynx and snowshoe hare to 1921, harvest data were maintained anticipated, managers appear to have habitat in National Forest Land and by the Hudson Bay Company. Lower interpreted the lower returns to be Resource Plans and BLM Land Use lynx harvest returns in Canada coincide caused by overtrapping when pelt prices

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16077 were high (Bailey et al. 1986; Hatler concerns that lynx were being or where trapping intensity was severe 1988; Hash 1990; Washington overharvested when returns did not may have had more of an impact on Department of Wildlife 1993). We compare to those of the 1960s and lynx populations in the southern part of compared the lynx harvest returns in 1970s, Montana set lynx trapping the range (southern Canada and the the 1980s and early 1990s to harvest quotas. Over successive years, initial contiguous U.S.) than on northern lynx data dating back over a longer period of annual quotas were set at 135, 120, and populations (Canada and Alaska) time (i.e., prior to 1960) and found that 100, but were established without the (Mowat et al. 1999). Mowat et al. (1999) lynx harvest returns were not unusual benefit of long-term harvest data to also expected that dispersal by lynx nor appreciably lower than those gauge the range of cyclic highs and from healthy populations will lead and recorded prior to the 1960s. lows. These quotas were not filled. has led to the repopulation of areas Trapping data for the contiguous However, if returns in the 1950s are a where overtrapping had depleted the United States during the 1970s and better indication of average long-term local lynx population. Mortality of lynx 1980s is available from Minnesota, harvest, it is possible that these quotas through legal trapping has been Montana, and Washington. Only were unrealistically high. Further, virtually eliminated in the contiguous Minnesota has long-term trapping despite the quotas, a small cyclic peak United States, except in locations where records (Henderson 1978). Minnesota is evident in the early 1980s. Since Tribal regulations permit the taking of lynx harvest data indicate cycles 1991, the quota has been very low, two lynx. We now believe that ongoing approximately every 10–12 years annually, and has been filled or slightly precautions taken by States and (McKelvey et al. 1999b). Lynx harvest in exceeded every season. The low quota Provinces to restrict lynx trapping since Minnesota was relatively high, but also likely affects trapper effort and masks the 1980s possibly prevented the highly variable, ranging from as low as any recent population cycles that could overharvest of resident populations of 0 to as high as 400 per year over the 40 have been reflected in harvest data. lynx. However, the lack of available data years of recordkeeping (Henderson Beginning with the 1999 season, all lynx (trapping or otherwise) for the past 15 1978). The Minnesota harvest is trapping is closed in Montana unless years makes it difficult to discern the believed to have consisted, at least another State is in need of lynx for a effect trapping restrictions may have partially, of lynx dispersing from reintroduction, in which case five lynx had on resident populations. Canada (Henderson 1978; McKelvey can be taken and translocated to the We conclude that in the contiguous 1999b). The amplitude of Minnesota reintroduction site. United States, lynx populations occur at lynx harvest cycles was high and, Harvest data for Washington is naturally low densities; the rarity of therefore, the exceptionally high peaks available only since 1960 (Figure 8.7 in lynx at the southern portion of the range of the early 1960s and 1970s that are McKelvey et al. 1999b). Without harvest compared to more northern populations evident in all other regions do not information prior to 1960, we cannot is normal. The rarity of lynx is based appear extraordinary in the Minnesota know the range of cyclic lows and highs largely on limited availability of data. After two seasons in the mid-1970s over time in Washington. The 1960s and primary prey, snowshoe hares. At when no lynx were harvested, a quota 1970s cyclic highs are evident in the southern latitudes, low snowshoe hare of five lynx was established from 1977 harvest data, but the data do not clearly densities are likely a result of the through the 1982 season. This quota track a 10-year cycle. Following the naturally patchy, transitional boreal presumably influenced trapper effort 1970s peak, there were five seasons habitat. Such habitat prevents hare and likely was a factor in the reduced during which no lynx were harvested. populations from achieving high harvests in the late 1970s and early As a result, low quotas were set and densities similar to those in the 1980s. However, the quota was always seasons were shortened. However, extensive northern boreal forest (Wolff exceeded by at least three times the despite the low quotas and restricted 1980; Buehler and Keith 1982; Koehler quota. Although the quota was further seasons, harvest returns increased 1990; Koehler and Aubry 1994; Hodges reduced to two in 1983, nine lynx were during the final three seasons of the 1999a, 1999b; McKelvey et al. 1999c). taken, providing evidence of the 1980s and the numbers of lynx Comparatively low numbers of lynx in continued occurrence of lynx in harvested were high relative to past the contiguous United States occur not Minnesota. The Minnesota lynx season records. The final season in 1989 was as a result of overtrapping, but because has been closed since 1984. Given the the fifth highest return ever recorded in lynx and their prey are naturally limited history of lynx cycles reflected in Washington. Although the data is by fragmented habitat, topography, and Minnesota data, a cycle would have limited, the annual number of lynx climate. been expected to return between 1983 harvested increased in the late 1980s, Legal trapping activities for bobcat, and 1985. However, strict season limits perhaps leading to or indicative of a coyote, wolverine and other furbearers were in place or the season was closed cyclic high. No harvest data are create a potential for incidental capture so that evidence of cycles from harvest available since a Statewide lynx of lynx. The threat to resident lynx from data is not available after the mid-1980s. trapping closure went into effect in legal trapping for other species may be During the decade preceding the 1984 1990. limited in many areas because bobcat or closure, over 160 lynx were trapped At the time that Washington, coyote trapping generally occurs outside despite restrictive quotas beginning in Minnesota, and Montana closed their of areas where lynx would be found, 1977. These levels of harvest do not seasons, lynx were still being trapped, although we know that incidental differ substantially from previous cyclic which demonstrates that lynx persisted capture occurs (Wydeven 1998; M. lows considering the effects of in these States. We recognize that the DonCarlos in litt. 1994; R. Naney, U.S. restrictive quotas on trapper effort. States did not have lynx population Forest Service, pers. comm. 1999). Montana has maintained lynx harvest trend information and so relied on Although we are concerned about the records since 1950 (see Figure 8.5 in trapping data, deciding to take loss of lynx that are incidentally McKelvey et al. 1999b). The most conservative measures when trapping captured, we have no information to conspicuous features of the data are the returns decreased. indicate that the loss of these cyclic peaks in the 1960s and 1970s. Mowat et al. (1999) suspected that individuals has negatively affected the There is no clearly evident peak in the high harvest pressure during the low overall ability of the contiguous United 1950s. In the mid-1980s, in response to phase in the lynx cycle of the mid-1980s States DPS to persist. Additionally, we

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16078 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations believe that lynx have been incidentally Resource Management Division, in litt. percent), Northern Rockies (67 percent), trapped throughout the past, and still 1998; M. Myers and A. Edwards, 1854 Southern Rockies (76 percent), Great they persist throughout most of their Authority, in litt. 1999). We conclude Lakes (19 percent), Northeast (7 historic range. that current hunting and trapping percent)) (U.S. Forest Service and In summary, we conclude that past regulations are not threatening the Bureau of Land Management 1999). and present overutilization is not a continued existence of the contiguous National Forest Management Act factor threatening lynx. United States DPS; however, other regulations (36 CFR 219.19) provide the Factor C. Disease or Predation. regulatory mechanisms, as described following direction to the Forest below, are inadequate. Service—‘‘Fish and wildlife habitat Disease and predation are not known Most States across the range of lynx shall be managed to maintain viable to be factors threatening Canada lynx. have laws and regulations regarding populations of existing native and Factor D. Inadequacy of Existing environmental issues. Indirectly, these desired non-native vertebrate species.’’ Regulatory Mechanisms regulations may promote the Additionally, the lynx is classified as a conservation of lynx habitat on non- sensitive species by all Forest Service For the reasons discussed below, Federal lands; however, few are specific existing regulatory mechanisms do not regions within the contiguous United to lynx habitat conservation. Two States lynx range. There is no regulatory adequately address the needs of the programs in the Northeast and in lynx, or reduce the threats to the species mandate specific to sensitive species; Washington may provide some benefit however, the Forest Service Manual or its habitat. Within the contiguous to the species. The majority of lynx United States range of the lynx, all (FSM 2670.32) provides the following forest types in the Northeast occur on policy guidance for sensitive species— States, except Oregon, provide the lynx private land, ranging from small regulatory protection by specifically ‘‘avoid or minimize impacts to sensitive residential lots to large industrial timber species; if impacts cannot be managed prohibiting hunting and trapping for company ownerships (Harper et al. lynx. However based on pelt tags to maintain viable populations, a 1990). The Northern Forest Lands decision must not result in loss of records we believe that Oregons Council has a charter to maintain trapping programs have not resulted in existing native and desired non-native traditional patterns of landownership vertebrate species viability or create a take of any lynx (Carol Carson, pers. and use in the Northeast; part of this comm. OMA, 2000). Four States classify significant trend toward Federal effort includes a forest inventory listing.’’ At present, Federal land the lynx as endangered—Vermont (Northern Forest Lands Council, in litt. (1972), New Hampshire (1980), management plans do not adequately 1994). The maintenance of traditional address lynx, as described below. Michigan (1987), and Colorado (1976). patterns of landownership may prevent Lynx are classified as ‘‘threatened’’ in the fragmentation and/or development The LCAS was developed to provide Washington (1993), ‘‘sensitive’’ in Utah of lynx habitat. a consistent and effective approach to (1979), and ‘‘species of special concern’’ In response to the Washington State conserving lynx on Federal lands in the in Maine (1997), and in Wisconsin are Wildlife Commission listing the lynx as contiguous United States (U.S. Forest ‘‘protected’’ (1997). threatened, the Washington Forest Service et al. 1999). The overall goals of Five States classify lynx as small Practices Board allowed the three the LCAS were to recommend lynx game or furbearers with closed primary, non-Federal land managers of conservation measures, provide a basis seasons—Idaho (1997), New York Washington lynx habitat to develop for reviewing the adequacy with regard (1967), Minnesota (1984), Wyoming ‘‘special wildlife management plans’’ for to lynx conservation of Forest Service (1973), and Montana (1999). It is legal lynx. Upon approval by Washington and BLM land and resource to harvest lynx in Oregon because the Division of Fish and Wildlife, these management plans, and facilitate lynx is not protected under Oregon State plans were adopted in lieu of the conferencing and consultation under Law. However based on pelt tags development of forest practices rules to section 7 of the Act, should the lynx be records we believe that Oregons protect lynx habitat under the State’s listed. The LCAS identifies an inclusive trapping programs have not resulted in critical habitat designation. These three list of 17 potential risk factors for lynx take of any lynx (Carol Carson, pers. land managers have adopted and that may be addressed under programs, comm. OMA, 2000). The contiguous implemented lynx habitat management practices, and activities within the United States range of the lynx extends plans in Washington—‘‘Lynx Habitat authority and jurisdiction of Federal across tribal reservation lands and Management Plan for Department of land management agencies. For ceded territories of numerous Tribes. Natural Resources Managed Lands’’ example, these risk factors include Lynx trapping and hunting are (Washington Department of Natural programs or practices that result in: permitted under the regulations of some Resources 1996a), ‘‘North American Habitat conversion, fragmentation or Tribes, although the Confederated Lynx Habitat Management Plan for obstruction to lynx movement; roads or Salish and Kootenai Tribes of the Boise Cascade Corporation’’ (Whitwill winter recreation trails that facilitate Flathead Nation have prohibited the and Roloff 1996), and a plan originally access to historical lynx habitat by trapping and taking of lynx since 1986 developed by Plum Creek Timber competitors; and fire exclusion, which (M. Pablo, Confederated Salish and Company and adopted by Stimson changes the vegetation mosaic Kootenai Tribes Tribal Council, in litt. Lumber Company ‘‘Salmo-Priest and maintained by natural disturbance 1998). In the Great Lakes Region, lynx Little Pend Oreille Lynx Management processes. The risks identified in the harvest is prohibited on off-reservation Plan’’ (Gilbert 1996; Duke Engineering LCAS are based on effects to either ceded lands by the Voigt Intertribal Task and Services 1998). These plans individual lynx or population segments, Force of the Great Lakes Indian Fish and represent efforts to improve habitat or both. Therefore, we do not Wildlife Commission and the 1854 conditions for lynx in Washington, but necessarily consider all of the risks Authority of the Bois Forte and Grand only on State managed lands and those identified in the LCAS to be factors Portage Bands (J. Schlender, Voigt lands managed by the plan developers. threatening the contiguous United Intertribal Task Force of the Great Lakes A substantial amount of the primary States DPS of lynx. For example, one Indian Fish and Wildlife Commission, areas of lynx occurrence is on National risk factor identified for the Southern in litt. 1998; M. Schrage, Fond du Lac Forest Service lands (Cascades (99 Rockies Region is accidental death to

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No information is currently threat to the contiguous United States amount of lynx forest types in the available to identify whether any DPS. contiguous United States, particularly in genetic concerns exist for lynx in the The DBA determined that Federal the West, it is imperative that lynx contiguous United States. land management plans are likely to habitat and habitat for lynx prey be In western regions of lynx range, adversely affect the lynx (U.S. Forest maintained and conserved on Federal naturally fragmented patches of lynx Service and Bureau of Land lands. Though a large percentage of habitat, typically occurring along Management 1999). The DBA identified these lands are in nondevelopmental mountain ranges, are often connected by potential effects resulting from 57 Forest status, a large proportion remain subject a variety of intervening habitats, Service Land and Resource Management to management under multiple use including shrub steppe, grassland, low- Plans (Plans) and 56 BLM Land Use mandates. Until Plans adequately elevation forested or unforested valleys, Plans (Plans) within the 16-State area address risks such as those identified in and in some cases, desert. This natural where lynx were proposed for listing. the LCAS, we conclude that the lack of fragmentation becomes more The direction found in the Plans was Plan guidance for conservation of lynx, pronounced in the more southern compared to direction proposed in the and the potential for Plans to allow or extremes of lynx range. We have little LCAS. If it were determined that a Plan direct actions that adversely affect lynx information to compare these may adversely affect either an (as evidenced by the assessment in the intervening landscapes to the historical individual lynx or a population segment DBA), is a significant threat to the condition, nor do we fully understand through failure to meet any one of the contiguous United States DPS of the the environmental or physiological programmatic conservation measures in lynx. On February 4, 1977, the lynx was requirements of lynx as they attempt to the LCAS (U.S. Forest Service et al. included in Appendix II of the CITES. disperse across them. We do know that 1999), then the Plan was deemed overall The CITES is an international treaty much of the intervening landscapes as likely to adversely affect lynx (U.S. established to prevent international between patches of lynx forest types in Forest Service and Bureau of Land trade that may be detrimental to the the Northern Rockies/Cascades is either Management 1999). In other words, a survival of plants and animals. A CITES used for agriculture or is Federal land; risk was deemed harmful to lynx if the export permit must be issued by the human population centers and other possibility of any adverse effect existed exporting country before an Appendix II large human developments are limited due to Plan direction or if the Plans did species may be shipped. The CITES across the western range of lynx. not address lynx conservation issues. permits may not be issued if the export In the Northeast, development along The Federal agencies chose a will be detrimental to the survival of the the St. Lawrence seaway and ice conservative approach in determining species or if the specimens were not breaking for winter navigation may whether Plans might result in adverse legally acquired; however, CITES does reduce the ability of lynx to move effects to lynx. The determination was not itself regulate take or domestic trade between northern Quebec and the area based only on what the Plans directed and therefore does not contribute to south of the St. Lawrence that includes or allowed, not on a quantitative protection of the lynx in the United southern Quebec, New Brunswick, Nova assessment of the effects to lynx from States. Scotia, and the northeastern United actual actions as a result of past or States (R. Lafond, pers. comm. 1999). current implementation of the Plans. We Factor E. Other Natural or Manmade Historically, lynx populations in the acknowledge that many activities Factors Affecting Its Continued Northeast were periodically allowed by Plans, such as timber harvest Existence supplemented with transient or and road construction, are never carried Based on mapping of lynx forest types dispersing individuals from northern out for a variety of reasons, such as for the contiguous United States Quebec (Litvaitis et al. 1991). South of funding limitations and environmental, (McKelvey et al. 1999b), we know that the St. Lawrence, movement is still wildlife or policy considerations (U.S. the southern boreal forests that support possible between southeastern Quebec, Forest Service and Bureau of Land lynx and hares in the contiguous United western New Brunswick, Maine and Management 1999). States are naturally fragmented and New Hampshire, because the habitat is The DBA identifies 15 criteria that disjunct compared with the northern contiguous along the Appalachian contribute to some level of adverse boreal forests in Canada and Alaska (see Mountains and there are no natural or effects to either an individual lynx or a ‘‘Background’’ section). Connectivity of human-caused barriers to dispersal. population segment through failure to appropriate habitat types and cover In the Great Lakes Region, winter meet any one of the programmatic provide travel corridors between habitat navigation on the St. Mary’s River conservation measures in the LCAS. patches, thereby increasing the between Ontario and Michigan’s Upper These criteria included, but are not likelihood of successful lynx dispersal. Peninsula may reduce the ability of lynx limited to, precommercial thinning, fire However, we know that lynx can to migrate across the St. Mary’s shipping management, landscape patterns, winter traverse a variety of habitat types and channel from Ontario to Michigan recreation, and monitoring. obstacles, including rivers, nonforested (Robinson and Fuller 1980). Individually, these criteria may not habitats, and various types of roads, Lynx movements may be negatively impart substantial impacts on the DPS, based on records of lynx occurrences in influenced by high traffic volume on however, current Plans do allow actions habitats and locations far from their roads that bisect suitable lynx habitat. In that cumulatively could result in traditional range and forest habitat southern British Columbia, lynx significant detrimental effects to the types, such as Nebraska, Nevada, Iowa, movements and selection of home DPS. We cannot predict the future levels and South Dakota (Aubry et al. 1999; ranges appear to be influenced by of impacts to lynx that would result McKelvey et al. 1999b; Ruggiero et al. highways (Apps 1999). Apps (1999) from continued implementation of 1999b). surmised that highway influence on current Plans. However, the DBA For most areas of the contiguous lynx varies according to local habitat concludes that there is reasonable United States, we have no evidence that conditions, roadway width, traffic

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We find no information advantage because they are able to walk including unpaved forest roads, demonstrating that forest roads on snow rather than sink into it as do secondary paved roads, State and negatively impact resident lynx species with higher foot loads, such as interstate highways (Mech 1980; Smith populations. the coyote, bobcat, or mountain lion 1984; Brainerd 1985; Aubry et al. 1999; In the proposed rule, we stated that (Murray and Boutin 1991; Buskirk et al. Squires and Laurion 1999). We suspect increasing ease of human access into 1999a). Traditionally, where these that highways with high volumes of forests increased the vulnerability of species’ ranges overlap with that of traffic and associated suburban lynx to intentional or unintentional lynx, snow conditions exclude them developments inhibit lynx home range shooting and trapping (Todd 1985; from the winter habitats occupied by movement and dispersal, and may McKay 1991; Washington Department of lynx (McCord and Cardoza 1982; Parker contribute to loss of habitat Wildlife 1993; Koehler and Aubry et al. 1983; Quinn and Parker 1987; connectivity. Such highways occur in 1994). We know that lynx are taken Buskirk et al. 1999a). the Southern Rockies Region connecting during legal trapping and hunting for However, today competition may be cities, towns, and ski areas, and also in other species, such as wolverine and facilitated through human alteration of the Northern Rockies/Cascade Region bobcat, even when lynx seasons are forests, creating habitats that may be through the Cascade Range along the closed (McKay 1991; Staples 1995; more suitable to potential lynx Columbia River. However, no Wydeven 1998; M. DonCarlos in litt. competitors (McCord and Cardoza 1982; information currently exists to 1994; R. Naney, pers. comm. 1999 ). We Quinn and Parker 1987; Buskirk et al. determine the level at which traffic do not know how many lynx may be 1999a). The range of the coyote has volume or roadway design may purposefully poached, but are significantly expanded, snowshoe hares influence lynx movements or create an concerned about radio-collared lynx are important prey for both coyotes and impediment to movement. that have been killed but not reported bobcats, mountain lion numbers appear Although we assume that high- (G. Byrne, pers. comm. 1999; M. to have increased, mountain lions have volume, high-speed traffic presents a Amaral, pers. comm. 1999). No reliable killed lynx, and snowtrails packed by barrier to dispersal, roads do not appear recordkeeping exists to determine how humans facilitate the movement of to be a significant direct cause of lynx frequently such taking occurs, nor if it potential lynx competitors into the deep mortality (Staples 1995; Ruggiero et al. has increased because of the increasing snow habitats of the lynx. 1999b). Few records exist of native lynx accessibility of forests. Further, lynx Researchers believe the coyote’s being killed by vehicles (Wydeven 1998; were likely captured incidentally in the original range prior to European M. DonCarlos, in litt. 1994). None of the past during regulated and unregulated settlement was the North American animals tracked by radiotelemetry in trapping for other predators, and still Great Plains but over the past century its various studies throughout the they have persisted throughout much of range has substantially expanded in all contiguous United States were killed in their historic range. We are concerned directions (Nowak 1979; 1999; Parker vehicle accidents (Aubry et al. 1999). about the loss of lynx through legal or 1995). Nearly the entire North American The majority of records of lynx illegal trapping and shooting; however, range of the lynx now overlaps with that mortalities from vehicle accidents are of we have no information to indicate that of the coyote. Coyotes expanded into the recently translocated animals, who the loss of these individuals is far western States in the mid to late generally move large distances before negatively affecting the overall ability of 1800s, the western Great Lakes states in settling (Brocke et al. 1991; Brocke et al. the contiguous United States DPS to the early 1900s, and the Northeast by 1993; G. Byrne, Colorado Division of persist (see ‘‘Factor B’’ of this section). the 1950s (Nowak 1979, 1999; Parker Wildlife, pers. comm. 1999). The high In the proposed rule, we considered 1995). Coyotes are generalist predators, incidence of translocated lynx killed by displacement or elimination of lynx feeding on rabbits and hares, rodents, cars is likely not typical of resident lynx when competitors (e.g., bobcat, coyote) deer, and plants (Parker 1995). In populations in southern boreal forests expand into lynx range (de Vos and northern latitudes, particularly in (Aubry et al. 1999). Matel 1952; Parker et al. 1983; Quinn winter, where the diversity of food At the time of the proposed rule, we and Parker 1987) to be a significant items is limited, snowshoe hares are a thought that the existence, density, and threat to the contiguous United States primary food item for coyotes (Parker human use of unpaved forest roads also DPS of lynx. At this time, there are no 1995; Staples 1995); the concern negatively impacted resident lynx data on competition between lynx and regarding competition with lynx stems populations by causing displacement or other species; therefore, we have only primarily from diet overlap. avoidance by lynx and degradation of information on behavior of possible Extirpation of the wolf (Canis lupus) lynx habitat. Evidence now available competitors from which to gain some is one factor believed to have enabled indicates that lynx tolerate some level of inferences about the possibility of the coyote to extend its range (Parker human disturbance (Staples 1995; competition and its impact on lynx. 1995). As wolf populations expand in Aubry et al. 1999; Bailey and Staples Coyote, bobcat, and mountain lion are the Northern Rockies Region in 1999; Mowat et al. 1999). No evidence hypothesized to be potential lynx Montana, Idaho, and Wyoming, and the exists that human presence displaces competitors (Brocke 1982; McCord and Great Lakes Region in Minnesota, lynx. Although information regarding Cardoza 1982; Parker et al. 1983; Quinn Wisconsin, and Michigan, we expect indirect effects of roads on lynx and Parker 1987; Aubry et al. 1999; coyote populations may be reduced populations is lacking, recent analyses Buskirk et al. 1999a; Ruggiero et al. (Crabtree and Sheldon 1999). An on the Okanogan National Forest in 1999b). In the Northeast and Great Lakes indirect result may be a reduction in the Washington indicate that lynx show no regions of the contiguous United States potential for coyotes to affect lynx in preference or avoidance of forest roads, range of the lynx, bobcat and coyote areas of overlap between lynx and and that road density does not appear to ranges generally overlap with lynx. In wolves.

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The range of the bobcat overlaps the lynx (Buskirk et al. 1999a). Now, ski and indicating that coyote competition has lynx range within the contiguous United snowmobile trails and roads that are negatively affected the contiguous States and southern Canada. Like the maintained for winter recreation and United States lynx DPS (Aubry et al. coyote, the bobcat is a generalist forest management create packed snow 1999). predator that feeds on a wide variety of corridors that give other species access Little is known about lynx habits in prey, including snowshoe hares to lynx winter habitat (Koehler and snow-free seasons. A greater diversity of (McCord and Cardoza 1982; Koehler and Aubry 1994; U.S. Forest Service et al. prey and habitats available during this Hornocker 1991). Although lynx in the 1999), although significant amounts of time may reduce the negative effects of southern boreal forests evolved with habitat remain relatively undisturbed by competition. Furthermore, because lynx bobcats, competition between these humans in the interior of large blocks of have co-evolved with bobcats and species is suspected because of their lynx forest types on Federal lands in the mountain lions, and in most areas lynx similar size and appearance (Buskirk et West, especially in designated have coexisted with coyotes for many al. 1999a). Bobcats remain restricted to wilderness and National Parks (U.S. decades, we suspect some level of areas with low snow depths (Koehler Forest Service and Bureau of Land segregation of habitat and prey among and Hornocker 1991; Buskirk et al. Management 1999). It appears that these species. In summer in Idaho, 1999a). Parker et al. (1983) speculated bobcats remain restricted to areas with coyotes, bobcats, and mountain lions that bobcats displaced lynx from all low snow depths (Koehler and Hornock used different topographic and habitat areas on Cape Breton Island, Nova 1991; Buskirk et al. 1999a), and that features, allowing habitat and prey Scotia, except high elevations, where lynx and lion winter habitats typically resources to be partitioned among these snow accumulation limited the bobcat’s do not overlap (H. Quigley, pers. comm. species; coyotes used lower elevations range. We have no evidence that 1999). than bobcats who used lower elevations than lions (Koehler and Hornocker competition with bobcats has negatively Coyotes use packed snowtrails and 1991). All of the elevations used in this affected the contiguous United States now occupy the winter habitats of lynx study were within the range recorded DPS. (Murray and Boutin 1991; Murray et al. Buskirk et al. (1999a) advanced the for lynx occurrences in the West 1994; Staples 1995; O’Donoghue et al. theory that mountain lions compete (McKelvey et al. 1999b); however, the 1997, 1998a, 1998b) and, therefore, are with lynx, based on a few records of data for lynx were not recorded by a concern as a potential lynx competitor mountain lions killing lynx and season. We suspect these data are more in winter. Studies of lynx, coyotes, and presumed increasing mountain lion representative of elevations lynx use in populations. Interactions between lynx hares from the Yukon Territory and winter rather than snow-free seasons and lions would most likely occur Alaska provide some information with because much of the lynx data are from during snowfree seasons because lions which to consider potential for trapping records, an activity that occurs generally do not occupy the same winter competition between lynx and coyote in during winter. habitats as lynx (H. Quigley, Hornocker winter (Murray and Boutin 1991; In summary, we conclude lynx Wildlife Institute, pers. comm. 1999). It Murray et al. 1994; Staples 1995; movements may be negatively is generally accepted that mountain lion O’Donoghue et al. 1997, 1998a, 1998b). influenced by high traffic volume on numbers in the West have increased, Coyotes adapted their behavioral roads that bisect suitable lynx habitat, therefore the rate of encounters between patterns for hunting in snow by such as in the Southern Rockies and in lynx and mountain lions has probably selecting snow that was shallower and some parts of the Northern Rockies/ increased (H. Quigley, pers. comm. harder; whereas lynx successfully Cascades Region. We suspect that 1999). Deer (Odocoileus spp.) are the hunted in all habitats where hares were highways with high volumes of traffic primary prey of mountain lions (Dixon found (Murray and Boutin 1991; Murray and associated suburban developments 1982) and are an important food item for et al. 1994; O’Donoghue et al. 1998a). inhibit dispersal and movements within coyotes (Parker 1995) and bobcats Coyotes and lynx both preferred home ranges, and may contribute to loss (McCord and Cardoza 1982; Koehler and snowshoe hares over alternate prey of habitat connectivity. However, roads Hornocker 1991). In Idaho, mountain during all phases of the hare cycle do not appear to be a significant direct lion kills were frequently visited by (O’Donoghue et al. 1998a). During the cause of lynx mortality. We find no bobcats and coyotes (Koehler and snowshoe hare decline, lynx switched information demonstrating that forest Hornocker 1991). Lions kill coyotes and to hunting red squirrels, whereas roads negatively impact resident lynx bobcats, often in defense of food caches coyotes switched to hunting voles populations. Packed snowtrails facilitate (Boyd and O’Gara 1985; Koehler and (O’Donoghue et al. 1998b). In Alaska, the movement of coyotes into formerly Hornocker 1991). Lynx occasionally Staples (1995) believes that the 42 inaccessible deep snow habitats feed on ungulates or scavenge from percent dietary overlap between lynx occupied by lynx; however, we have no carcasses (Brand et al. 1976); we expect and coyote observed during a cyclic low evidence that competition with coyotes, interactions between mountain lions in the hare cycle indicated the potential mountain lions or bobcats is negatively and lynx would most likely occur in for competition; however, we are not affecting lynx at a population-level defense of food caches, as with coyotes aware of research or other evidence scale. and bobcats. Despite numerous indicating that coyote competition has Finding mountain lion studies within the negatively affected the lynx populations western range of the lynx, incidents of in Canada. In fact, we expect that the We conclude that, in the contiguous lions killing lynx are extremely rare (H. variability of snow conditions and United States, lynx populations occur at Quigley, pers. comm. 1999). No frequency of fresh snows in the winter naturally low densities and that the evidence exists that mountain lions habitats that support lynx continually rarity of lynx at the southern portion of exert a population-level impact on lynx. reduce or alter the availability of their range compared to more northern Historically, interactions between snowtrails and shallow snow depths populations is normal. This rarity is lynx and potential competitors were used by coyotes in lynx habitat, making based largely on low densities of limited in winter because most it more difficult for coyotes to snowshoe hares, their primary prey. competitors cannot effectively move effectively hunt in these areas regularly Low snowshoe hare densities are likely through the deep snow habitats of the during the winter. No evidence exists a result of naturally patchy, transitional

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16082 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations boreal habitat at southern latitudes that especially snowshoe hare, may result in affecting lynx forest types in this region prevents hare populations from a prey base insufficient to support lynx is timber harvest on non-Federal lands, achieving densities similar to those in persistence. although the extent of influence of the extensive northern boreal forest of Factors affecting lynx status vary current forest practices on lynx is not Canada. Low numbers of lynx reflected among regions of the contiguous United known. in harvest data for the contiguous States. The Northern Rockies/Cascades Within the contiguous United States, United States are not a result of Region supports the largest amount of the relative importance of each region to overtrapping, but of naturally limiting lynx habitat and has the strongest the persistence of the DPS varies. The fragmentation, topography, and climate. evidence of resident lynx populations, Northern Rockies/Cascades Region Lynx in the contiguous United States both historically and currently. This supports the largest amount of lynx are the southernmost extension of a region has strong habitat connections to habitat and has the strongest evidence of larger metapopulation whose core is in lynx populations in Canada, as well as persistent occurrence of resident lynx central Canada. large proportions of lynx habitat in populations, both historically and We conclude the single factor wilderness and other areas with limited currently. In the Northeast (where threatening the contiguous U.S. DPS of human influence. The Northern resident lynx populations continue to lynx is the inadequacy of existing Rockies/Cascades Region has the persist) and Southern Rockies regions, regulatory mechanisms, specifically the highest potential to maintain a viable the amount of lynx habitat is naturally lack of guidance for conservation of lynx population within the contiguous limited and does not contribute lynx in National Forest Land and United States. Available evidence substantially to the persistence of the Resource Plans and BLM Land Use suggests that lynx populations within contiguous United States DPS. Much of Plans as described in Factor D. Until this region fluctuate, and we have no the habitat in the Great Lakes Region is Plans adequately address risks such as information suggesting a declining naturally marginal and may not support those identified in the LCAS, and population trend. The primary factor prey densities sufficient to sustain lynx described generally in Factors A, B and affecting lynx in this region is the populations. As such, the Great Lakes E, we conclude that the lack of Plan inadequacy of existing regulatory Region does not contribute substantially guidance for conservation of lynx, as mechanisms, specifically the lack of to the persistence of the contiguous evidenced by the fact that Plans allow guidance for conservation of lynx in United States DPS. Collectively, the or direct actions that cumulatively Federal land management plans. Northeast, Great Lakes, and Southern adversely affect lynx (as indicated by In the Southern Rockies Region, lynx Rockies do not constitute a significant the assessment in the DBA), is a habitat is naturally limited and highly portion of the range of the DPS. We significant threat to the contiguous U.S. fragmented, which leads us to conclude conclude the Northern Rockies/ DPS of lynx. Therefore, we find that that lynx were rare historically. We Cascades Region is the primary region listing the lynx within the contiguous conclude native lynx may now be necessary to support the continued United States as threatened is necessary. extirpated from this region. The factors long-term existence of the contiguous We conclude that Federal land affecting lynx in this region are the United States DPS. However, the role management assumes the largest single inadequacy of existing regulatory that each region plays in the long-term role in the conservation of lynx in the mechanisms, specifically the lack of conservation of the species will be contiguous United States because of the guidance for conservation of lynx in explored further in recovery planning preponderance of lynx forest types on Federal land management plans, and for the species. Forest Service, BLM, and National Park loss of habitat connectivity resulting Service lands, particularly in the from high-use highways and associated Critical Habitat western United States. A substantial suburban development. Critical habitat is defined in section amount of lynx forest types occur on The historic and current status of lynx 3(5)(a) of the Act as—(i) the specific Forest Service and BLM lands (Northern in the Great Lakes Region is uncertain. areas within the geographical area Rockies-72 percent, Cascades-99 We lack information to determine occupied by a species, at the time it is percent, Southern Rockies-82 percent, whether lynx in this region are simply listed in accordance with the Act, on Great Lakes-19 percent, Northeast-7 dispersing from Canada, are members of which are found those physical or percent). We believe that the large a resident population, or are a biological features (I) essential to the amount of lynx forest types properly combination of a resident population conservation of the species and (II) that managed in nondevelopmental and dispersing individuals. Much of may require special management allocations, especially in designated this region contains marginal habitat considerations or protection and; (ii) wilderness areas, and amendments to that may not sustain resident lynx specific areas outside the geographical existing land use plans, such that populations. The factors affecting lynx area occupied by a species at the time management of lynx forest types in in this region include the inadequacy of it is listed, upon a determination that developmental areas does not conflict existing regulatory mechanisms, such areas are essential for the with lynx conservation, will be a specifically the lack of guidance for conservation of the species. The term substantial benefit to lynx in the conservation of lynx in Federal land ‘‘conservation’’ as defined in section Northern Rockies/Cascades and management plans, and timber harvest 3(3) of the Act means ‘‘to use and the Southern Rockies and will contribute and fire suppression on non-Federal use of all methods and procedures significantly to the likelihood of lands. necessary to bring any endangered or conserving lynx into the future within In the Northeast, lynx reproduction threatened species to the point at which the contiguous United States. and individual animals have recently the measures provided pursuant to this It is imperative that snowshoe hare been documented in Maine. Recent lynx Act are no longer necessary,’’ that is, the and alternate prey populations be harvests were substantial in adjacent species is recovered and can be removed supported by appropriate habitat southeastern Quebec. Therefore, we from the list of endangered and management on Federal lands into the conclude that a resident population of threatened species. future to ensure the conservation of lynx lynx continues to exist in the core of the Section 4(a)(3) of the Act, as in the contiguous United States. region; however, the range may have amended, and implementing regulations Substantive declines in prey species, retracted northward. The main factor (50 CFR 424.12) require that, to the

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16083 maximum extent prudent and occupied habitat that may become prohibitions against taking and harm are determinable, the Secretary designate unoccupied in the future. There also discussed, in part, below. critical habitat at the time the species is may be some educational or Section 7(a) of the Act requires determined to be endangered or informational benefits to designating Federal agencies to evaluate their threatened. Our regulations (50 CFR critical habitat. Therefore, we find that actions with respect to any species that 424.12(a)) state that critical habitat is critical habitat is prudent for Canada is proposed or listed as endangered or not determinable if information lynx. threatened and with respect to its sufficient to perform required analysis As explained in detail in our Final critical habitat, if any is being of impacts of the designation is lacking Listing Priority Guidance for Fiscal Year designated. Regulations implementing or if the biological needs of the species 2000 (64 FR 57114), our listing budget this interagency cooperation provision are not sufficiently well known to is currently insufficient to allow us to of the Act are codified at 50 CFR part permit identification of an area as immediately complete all of the listing 402. Section 7(a)(4) requires Federal critical habitat. Section 4(b)(2) of the actions required by the Act. Deferral of agencies to confer with the Service on Act requires us to consider economic the critical habitat designation for any action that is likely to jeopardize and other relevant impacts of Canada lynx allows us to concentrate the continued existence of a species designating a particular area as critical our limited resources on higher priority proposed for listing or result in habitat on the basis of the best scientific critical habitat (including court ordered destruction or adverse modification of data available. The Secretary may designations) and other listing actions, proposed critical habitat. If a species is exclude any area from critical habitat if while allowing us to put in place listed subsequently, section 7(a)(2) he determines that the benefits of such protections needed for the conservation requires Federal agencies to ensure that exclusion outweigh the conservation of Canada lynx without further delay. activities they authorize, fund, or carry benefits, unless to do so would result in However, because we have successfully out are not likely to jeopardize the the extinction of the species. reduced, although not eliminated, the continued existence of the species or In the proposed rule, we indicated backlog of other listing actions, we destroy or adversely modify its critical that designation of critical habitat was anticipate in FY 2000 and beyond giving habitat. If a Federal action may affect a not prudent for the Canada lynx because higher priority to critical habitat listed species or its critical habitat, the it could increase the vulnerability of designation, including designations responsible Federal agency must enter lynx to poaching, because the species deferred pursuant to the Listing Priority into formal consultation with us. and its habitat are continually shifting Guidance, such as the designation for The Forest Service and the Fish and spatially and temporally across the this species, than we have in recent Wildlife Service recently signed a Lynx landscape making static designation of fiscal years. Conservation Agreement (Feb 2000) to specific areas of little benefit to the We plan to employ a priority system promote the conservation of lynx and species, and because designation of for deciding which outstanding critical lynx habitat on Federal lands managed broad geographic areas would habitat designations should be by the Forest Service. It identifies necessarily include many areas of addressed first. We will focus our efforts actions the signatories agree to take to unsuitable habitat that would not be on those designations that will provide reduce or eliminate adverse affects or used by and would not be critical to the the most conservation benefit, taking risks to lynx and lynx habitat. species. We also indicated that into consideration the efficacy of critical Implementation of these actions within designation of critical habitat was not habitat designation in addressing the this agreement will provide immediate prudent because we believed it would threats to the species, and the benefits to lynx. not provide any additional benefit magnitude and immediacy of those Section 9 of the Act and beyond that provided through listing as threats. We will develop a proposal to implementing regulations set forth a threatened. designate critical habitat for the Canada series of general prohibitions and In the last few years, a series of court lynx as soon as feasible, considering our exceptions that apply to all endangered decisions have overturned Service workload priorities. Unfortunately, for or threatened wildlife. The prohibitions, determinations regarding a variety of the immediate future, most of Region 6’s codified at 50 CFR 17.21 and 17.31, in species that designation of critical listing budget must be directed to part, make it illegal for any person habitat would not be prudent. Based on complying with court orders and subject to the jurisdiction of the United the standards applied in those judicial settlement agreements, as well as due States to take (includes harass, harm, opinions, we have reexamined the and overdue final listing pursue, hunt, shoot, wound, kill, trap, question of whether critical habitat for determinations. capture, or collect, or attempt any of Canada lynx would be prudent. these), import or export, ship in The primary regulatory effect of Available Conservation Measures interstate commerce in the course of critical habitat is the section 7 Conservation measures provided to commercial activity, or sell or offer for requirement that Federal agencies species listed as endangered or sale in interstate or foreign commerce refrain from taking any action that threatened under the Act include any listed species. It also is illegal to destroys or adversely modifies critical recognition, recovery actions, possess, sell, deliver, carry, transport, or habitat. While a critical habitat requirements for Federal protection, and ship any such wildlife that has been designation for habitat currently prohibitions against certain practices. taken illegally. Certain exceptions apply occupied by this species would not be Recognition through listing results in to agents of the Service and State likely to change the section 7 public awareness and conservation conservation agencies. consultation outcome because an action actions by Federal, State, and local Permits may be issued to carry out that destroys or adversely modifies such agencies, private organizations, and otherwise prohibited activities critical habitat also would be likely to individuals. The Act provides for involving endangered or threatened adversely affect the species, there may possible land acquisition and wildlife under certain circumstances. be instances where section 7 cooperation with the States and requires Regulations governing permits are consultation would be triggered only if that recovery actions be carried out for codified at 50 CFR 17.22, 17.23, and critical habitat is designated. Examples all listed species. The protection 17.32. Such permits are available for could include unoccupied habitat or required of Federal agencies and the scientific purposes, to enhance the

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16084 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations propagation or survival of the species, behavioral patterns, including breeding, country before an Appendix II species and/or for incidental take in the course feeding, or sheltering. may be shipped. All Felidae are of otherwise lawful activities. For For the contiguous United States included in Appendix II to enable better threatened species, permits also are population of captive lynx, the protection of look-alike species that available for zoological exhibition, following would likely constitute a were or could be threatened with educational purposes, or special violation of section 9 of the Act: extinction without strict regulation of purposes consistent with the purposes (1) export of any lynx part or products trade. After the lynx (as well as the of the Act. other than a properly tagged pelt or bobcat and river otter) were included in It is our policy, as published in the permitted parts or products; CITES Appendix II, we worked with the Federal Register on July 1, 1994, to For lynx that occur outside of the States to develop guidelines for State identify to the maximum extent contiguous United States (Alaska and programs that would provide the practicable at the time a species is listed Canada), the Endangered Species Act information needed to satisfy CITES those activities that would or would not listing and companion 4(d) have no export requirements. Under the State constitute a violation of section 9 of the effect. Lynx in those areas, as well as in CITES export programs, all pelts to be Act (59 FR 34272). The intent of this the contiguous United States, remain exported are required to be tagged with policy is to increase public awareness of covered by the designation of Appendix a permanently attached, serially the effect of this listing on proposed and II under CITES. Therefore, the import of numbered tag that identifies the species, ongoing activities within the species’ lynx into the United States and the State of origin, and season of taking. The range. For the contiguous United States transportation of lynx from Alaska to tags are provided to the States and population of wild lynx, we believe the the contiguous United States may Tribes by the Service. In the past the following actions would not likely continue under current procedures States that have been approved for result in a violation of section 9 of the established by State law and CITES. export of captive or wild lynx are Act: Requests for copies of the regulations Alaska, Idaho, Minnesota, Montana, and (1) Actions that may result in take of regarding listed wildlife and inquiries Washington. In the last few years Idaho, wild lynx in the contiguous United about prohibitions and permits may be Minnesota and Washington have had States that are authorized, funded, or addressed to United States Fish and zero quotas or closed seasons, and carried out by a Federal agency when Wildlife Service, P.O. Box 25486, Montana has had a quota of two to three the action is conducted in accordance Denver Federal Center, Denver, wild lynx trapped per year. Due to the with an incidental take statement issued Colorado 80225. listing all of the States in the contiguous by us pursuant to section 7 of the Act; Special Rule U.S. will no longer be approved for (2) Actions that may result in take of export of wild lynx; Lynx in Alaska are wild lynx in the contiguous United Section 4(d) also states that the not encompassed by this listing; all States when the action is conducted in Service may, by regulation, extend to existing CITES requirements remain the accordance with a permit issued under threatened species, prohibitions same for lynx originating in Alaska. 50 CFR 17.32 or special rule issued provided for endangered species under Currently facilities in Idaho, under section 4(d) of the Act. These section 9. Our implementing regulations Minnesota, Montana, North Dakota, and activities include take for educational for threatened wildlife (50 CFR 17.31) Utah raise captive lynx for commercial purposes, scientific purposes, the incorporate the section 9 prohibitions purposes. At least some of the farms enhancement of propagation or survival, for endangered wildlife, except when a report that their initial stock was zoological exhibition, and other special rule is promulgated pursuant to obtained from Canada. From 1992 conservation purposes consistent with section 4(d) applies (50 CFR 17.31(c)). through 1997, Minnesota and Montana This special rule applies the general the Act. reported that a total of 169 lynx pelts For the contiguous United States take prohibitions for threatened wildlife were tagged for export under the CITES population of captive lynx, we believe to the wild population of Canada lynx program and these primarily originated the following actions would not likely in the contiguous United States. It also from farmed animals. These captive- result in a violation of section 9 of the provides for the continuation of the take bred specimens have neither a positive Act: and export of captive lynx and their nor negative effect on the species in the (1) Take, transport, possess, sell, pelts under Convention on International wild. deliver, and receive of captive lynx and Trade in Endangered Species of Wild Current prices for lynx pelts are low export of captive lynx or their pelts Fauna and Flora (CITES) export permits so there is little present incentive to trap under valid CITES export permits. and provides for the transportation of wild lynx. However, an increase in pelt For the contiguous United States lynx pelts in commerce within the prices could create a strong incentive to population of wild lynx, the following United States. The export of properly trap wild lynx and export their pelts. actions likely would be considered a tagged (with valid CITES export tag) Lynx are easy to trap, and the illegal violation of section 9 of the Act: pelts from lynx documented as captive take of lynx would present an (1) Take of wild lynx (including both is not prohibited under the special rule. enforcement and inspection problem for purposeful and incidental) Properly tagged pelts may be Service personnel. Since they look the (2) Possessing, selling, delivering, transported in interstate trade without same, captive lynx pelts cannot be carrying, transporting, or shipping permits otherwise required under 50 effectively differentiated from wild lynx illegally taken lynx; CFR 17.32. pelts by Service law enforcement and (3) Export of lynx or lynx parts or CITES is an international treaty for inspection personnel without proper products (including pelts) without a the regulation of international trade in tagging. permit under section 17.32 (a CITES certain animal and plant species. The This final rule would allow the export permit would also be required in order lynx was included in CITES Appendix from the United States of live captive to be in compliance with CITES); II on February 4, 1977, as a part of the lynx or their pelts if the pelt is tagged (4) Significant lynx habitat listing of all Felidae that were not with a CITES export tag and modification or degradation to the point already included in the appendices. A accompanied by a valid CITES export that it results in death or injury by CITES export permit pursuant to 50 CFR permit. The import of lawfully obtained significantly impairing essential part 23 must be issued by the exporting live lynx or their parts or products

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations 16085 would continue to require the necessary those already approved under the References Cited CITES export permits from the Paperwork Reduction Act, 44 U.S.C. A complete list of all references cited exporting country, but no additional 3501 et seq., and assigned Office of herein, as well as others, is available permits under 50 CFR 17.32 would be Management and Budget clearance upon request from the Montana Field required. CITES permit requirements are number 1018–0094. An agency may not Office (see ADDRESSES section). found in 50 CFR part 23. conduct or sponsor, and a person is not In summary, CITES permits will be required to respond to, a collection of Author(s) required for the export of captive lynx information, unless it displays a The primary authors of this document or their parts or products from the currently valid control number. For are Lori Nordstrom and Anne United States. No permits under 50 CFR additional information concerning Vandehey, Montana Field Office, 17.32 will be required for the permit and associated requirements for Helena, Montana; and Janet Mizzi, importation of lynx or their parts or threatened wildlife, see 50 CFR 17.32. Mountain-Prairie Regional Office, products into the United States or for Denver, Colorado. interstate commerce in pelts that are Required Determinations for the Listing properly tagged with valid CITES export and Special Rule List of Subjects in 50 CFR Part 17 tags. However, interstate commerce of Endangered and threatened species, untagged pelts is prohibited. In accordance with Executive Order Exports, Imports, Reporting and 12866, this document is a significant Similarity of Appearance recordkeeping requirements, rule and has been reviewed by the Transportation. In the proposed rule we proposed Office of Management and Budget, listing the wild population of lynx in under Executive Order 12866. We Regulation Promulgation the contiguous United States as completed a Record of Compliance for Accordingly, we amend part 17, threatened, and we proposed listing the the 4(d) rule, and published a notice of subchapter B of chapter I, title 50 of the captive population separately under the availability for the Record of U.S. Code of Federal Regulations, as set similarity of appearance provisions of Compliance in the Federal Register on forth below: the Act (section 4(e)). We proposed July 26, 1999 (64 FR 40333). A copy can listing the captive population under the be obtained by contacting the Montana PART 17Ð[AMENDED] Similarity of Appearance provisions in Field Office (see ADDRESSES section). order to aid law enforcement efforts to 1. The authority citation for part 17 protect the wild populations. Upon National Environmental Policy Act continues to read as follows: Authority: 16 U.S.C. 1361–1407; 16 U.S.C. further review we have determined that We have determined that separate listings of the wild and captive 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Environmental Assessments and populations are not necessary. Instead, 625, Stat. 3500; unless otherwise noted. Environmental Impact Statements, as we have revised the special 4(d) rule defined in the National Environmental 2. Section 17.11(h) is amended by accompanying this listing rule to Policy Act of 1969, need not be adding the following, in alphabetical establish prohibitions for the wild and order under ‘‘MAMMALS,’’ to the List captive populations separately. prepared in connection with regulations adopted pursuant to section 4(a) of the of Endangered and Threatened Wildlife: Paperwork Reduction Act for the Act. A notice outlining our reasons for § 17.11 Endangered and threatened Listing Rule this determination was published in the wildlife. This rule does not contain any new Federal Register on October 25, 1983 * * * * * collections of information other than (48 FR 49244). (h) * * *

Species Vertebrate population Historic range where endangered or Status When Critical Special Common name Scientific name threatened listed habitat rules

MAMMALS ******* Lynx, Canada ...... Lynx canadensis ...... U.S.A. (AK, CO, ID, CO, ID, ME, MI, MN, T 692 NA 17.40 (k) ME, MI, MN, MT, MT, NH, NY, OR, NH, NY, OR, UT, UT, VT, WA, WI, VT, WA, WI, WY) WY. Canada. *******

3. Section 17.40 is amended by (2) What activities are prohibited for imported or transported into the adding paragraph (k) to read as follows: wild lynx? All prohibitions and contiguous United States. provisions of 50 CFR 17.31 and 17.32 (ii) Lynx that were either born or held § 17.40 Special rulesÐmammals apply to wild lynx found in the in captivity and then released into the * * * * * contiguous United States. wild are considered wild. (k) Canada lynx (Lynx canadensis). (3) What is considered a captive lynx? (4) What activities are allowed for captive lynx? (1) What lynx does this special rule (i) For purposes of this paragraph (k), (i) Take. You may take lawfully apply to? The regulations in this captive lynx means lynx, whether alive obtained captive lynx without a permit. paragraph (k) apply to all wild and or dead, and any part or product, if the (ii) Import and export. You may captive lynx in the contiguous United specimen was in captivity at the time of export captive live lynx, parts or States. the listing, born in captivity, or lawfully products of captive lynx provided the

VerDate 202000 18:27 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\24MRR2.SGM pfrm04 PsN: 24MRR2 16086 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Rules and Regulations specimens are tagged with Convention sell, offer to sell, purchase, or offer to tribal laws and regulations. Violation of on International Trade in Endangered purchase in interstate commerce captive State or tribal law will also be a Species of Wild Fauna and Flora lynx and captive lynx parts and violation of the Act. (CITES) export tags and/or accompanied products in accordance with State or Dated: March 16, 2000. by a valid CITES export permit. You tribal laws and regulations. In addition, may import lawfully obtained lynx that lynx pelts that are properly tagged with Jamie Rappaport Clark, originated outside the United States valid CITES export tags also qualify for Director, Fish and Wildlife Service. when you follow the requirements of this exemption on interstate commerce. [FR Doc. 00–7145 Filed 3–21–00; 8:45 am] CITES. (5) Are any activities not allowed or BILLING CODE 4310±55±p (iii) Interstate commerce. You may restricted for captive lynx? You must deliver, receive, carry, transport, ship, comply with all applicable State and

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Part VI

Department of Education Office of Elementary and Secondary Education; Safe and Drug-Free Schools and Communities National Programs— Federal Activities Grants Program—The Challenge Newsletter; Notices

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DEPARTMENT OF EDUCATION directions, research-based activities, and • Resources and helplines for other information related to effective obtaining information and materials on Office of Elementary and Secondary drug and violence prevention practices drug and violence prevention. Education; Safe and Drug-Free through The Challenge newsletter. The While applicants are expected to Schools and Communities National primary audience for The Challenge is address in their applications the topics ProgramsÐFederal Activities Grants classroom teachers. and types of articles described in the ProgramÐThe Challenge Newsletter Applicants must demonstrate above list, the list is by no means comprehensive. Applicants are AGENCY: Department of Education. extensive knowledge of elements of encouraged to offer suggestions on ways ACTION: Notice of final priority and effective drug and violence prevention to communicate with the field on a selection criteria for fiscal year 2000 and programs and current research in the broad range of key issues, including subsequent years. area of drug and violence prevention. Funds under the Safe and Drug-Free information on classroom practices, SUMMARY: The Assistant Secretary Schools Program reach 97 percent of the assessments, and appropriate strategies. announces a final priority, eligible nation’s school districts. While most Frequency of past publication of The applicants, and selection criteria for school districts have implemented drug Challenge has ranged from 6–10 times fiscal year (FY) 2000 and, at the and violence prevention activities in per year, and the number of pages has discretion of the Assistant Secretary, for some form, too often these activities are ranged from 4–26 pages per issue. The subsequent years under the Safe and narrow in scope and are not based on number of copies has been 50,000 per Drug-Free Schools and Communities science. Many school districts lack data issue. These numbers are offered as National Programs—Federal Activities on the effects of their drug and violence guides based on past practice, and are Grants Program. The Assistant Secretary prevention programs on student not requirements of the current takes this action to focus Federal behavior. They need information about competition. Applicants are encouraged financial assistance on an identified programs that have proven to be to offer suggestions regarding the length national need—the development and effective or promising that they can and frequency of publication, as well as dissemination of a newsletter with adopt for their students. Although number of copies per issue and information about effective practices to research exists on drug and violence dissemination plan. prevent drug use and violent behavior prevention strategies that have positive The applicant funded under the among youth. The Challenge newsletter results, too often this research is not absolute priority in this notice will have will provide a communication link on known to school personnel, and does the responsibility to design, develop, current and future program directions, not get translated into practice. The publish, disseminate, and manage all research-based activities, and other Challenge will provide classroom aspects of The Challenge consistent information related to effective drug and teachers and other professionals with with the specific requirements in the violence prevention strategies between information about effective or promising absolute priority below. In submitting the U.S. Department of Education and drug and violence prevention programs their proposals for funding, applicants State and local educational agencies and and strategies, articles by experts in the are encouraged to offer suggestions and other public and private organizations prevention field, and other timely ideas for The Challenge in addition to involved with prevention of youth drug information covering a broad range of those specified in the absolute priority. use and violent behavior. topics that comprise the expanding Public Comments EFFECTIVE DATE: This notice takes effect knowledge base on drug and violence On January 25, 2000, the Assistant on April 24, 2000. prevention. Secretary published a notice of Eligible Applicants: Eligible With regard to content, the following proposed priority, eligible applicants, applicants under this competition are information describes examples of and selection criteria for this public and private nonprofit topics and types of articles that have competition in the Federal Register (65 organizations and individuals. been featured in past issues of The FR 3948–3950). In response to the FOR FURTHER INFORMATION CONTACT: Gail Challenge: Assistant Secretary’s invitation to Beaumont, Safe and Drug-Free Schools • Information about principles of comment, the Department received Program, U.S. Department of Education, effective drug and violence prevention comments from two organizations. In 400 Maryland Avenue, SW, Room programs. response to the comments received, the 3E310, Washington, DC 20202–6123, • Key elements or characteristics of Assistant Secretary made two (202) 260–3954. Fax: (202) 260–7767. successful drug and violence prevention l modifications—one to the Internet: gail [email protected]. programs. An individual who uses a TDD may supplementary information section of • Research studies and data related to the notice and one to the selection call the Federal Information Relay drug and violence prevention. Service (FIRS) at 1–800–877–8339. criteria—as noted in the analysis of • Articles by recognized experts in comments and changes and elsewhere Note: This notice of final priority does not solicit applications. A notice inviting fields related to safe and drug-free in this notice. schools. applications under this competition is Analysis of Comments and Changes published elsewhere in this issue of the • Articles describing model programs. Federal Register. • Information that describes Highlight More Classroom Practices, SUPPLEMENTARY INFORMATION: This discretionary grant activities funded Assessments, and Appropriate notice contains the final priority for under the Safe and Drug-Free Schools Strategies fiscal year 2000, and related selection and Communities Program, National Comment: One commenter suggested criteria. Under the absolute priority, the Programs, including resources and that, in order to benefit classroom Assistant Secretary intends to award products resulting from the activities. teachers, the content of the newsletter one cooperative agreement for up to 36 • Timely information on special should highlight more classroom months; this cooperative agreement will topics such as emerging trends in use of practices, assessments, and appropriate support a means of communicating with specific drugs, or early warning signs of strategies rather than the items the field on current and future program violent behavior. identified in the Federal Register.

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Discussion: The Department agrees and complexity of the proposed stated that measuring the impact on that the newsletter should include projects. recipients of reading an article or an information for classroom teachers such Changes: None. entire issue will be complicated and the as classroom practices, assessments, and Comment: One commenter suggested validity of those studies can be appropriate strategies, but not to the that the adequacy of resources such as questionable. In addition, the exclusion of other topics listed in adequate office space, computer commenter stated that the large number supplementary information. hardware and software, database of points (25% of the total possible) The supplementary information capabilities for the subscriber database, seems to imply an expectation of a provided in the Notice of Proposed and established relationships with sophisticated evaluation plan, which Priority includes a list of suggested, but graphic designers, printers, and mailing can be costly. Those costs would likely not mandatory, topics and types of houses are also important reduce the number or size or both, of the articles that have been featured in past considerations. The commenter issues that can be produced, which issues of The Challenge. suggested also increasing the point would in turn reduce the likelihood of Changes: The supplementary value to ensure that offerors possess the measurable impact. information section of this notice is necessary non-staff resources and Discussion: The Department places amended to include a statement that capabilities. high importance on the quality of the applicants are encouraged to offer Discussion: The Department agrees project evaluation, which is reflected in suggestions about communicating that it is important to consider resources the relatively high point score assigned information about classroom practices, such as those described by the to this criterion. Evaluation is also assessments, and appropriate strategies. commenter, but that consideration of addressed in the absolute priority, those resources can be accomplished by which includes the statement that Definition of ‘‘Newsletter’’, adding a factor to the ‘‘Adequacy of applicants must propose projects that: Specifications Regarding Length, Resources’’ selection criterion without ‘‘evaluate on an ongoing basis the Frequency of Publication increasing the overall point score for impact of The Challenge on the Comment: One commenter sought this criterion. intended audience, and use evaluation clarification of the meaning of the term Change: The comment is addressed by results for continuous improvement of ‘‘newsletter’’ in terms of length and adding the following factor under the the newsletter.’’ The evaluation plan frequency of publication envisioned for ‘‘Adequacy of Resources’’ selection and methods of evaluation will vary, 5 The Challenge, expressing the concern criterion: ‘‘The adequacy of support, depending on the objectives and design that without more clarification including facilities, equipment, of The Challenge proposed by each proposals might be very different and supplies, and other resources, from the applicant. The Department intends for difficult to compare. applicant organization or the lead the award recipient to solicit customer Discussion: The dictionary definition applicant organization’’ for 5 points. feedback, and assess customer for the term ‘‘newsletter’’ is ‘‘a printed The overall point score of 10 points for satisfaction regarding content, design, sheet, pamphlet, or small newspaper the ‘‘Adequacy of Resources’’ selection format, frequency of publication, length, containing news or information of criterion remains the same. The point and other relevant aspects of the interest chiefly to a special group.’’ score for the factor ‘‘the extent to which newsletter, and leaves it to the applicant While a specific definition of the costs are reasonable in relation to to develop a suitable plan to collect and ‘‘newsletter’’ is not provided for this the objectives, design, and potential use the information for quality priority, the dictionary definition significance of the proposed project’’ is improvement. provides a general frame of reference. reduced from 10 to 5 points. Changes: None The supplementary information in the Absolute Priority Notice of Proposed Priority states that Organizational Experience as a past publication of The Challenge has Selection Factor Under 34 CFR 75.105(c)(3) and the ranged from 6—10 times per year, and Comment: One commenter stated that Safe and Drug-Free Schools and the number of pages has ranged from organizational experience/qualifications Communities Act of 1994, the Secretary 4—26 pages per issue. These numbers is nowhere to be found within the gives an absolute preference to are offered as guides based on past proposed selection criteria, and applications that meet the following practice, and are not requirements. The commented that organizational priority. The Secretary funds under this Department chose not to be prescriptive experience and qualifications would be competition only applications that meet in terms of length and frequency of an important selection factor. this absolute priority. Under the publication, opting instead to encourage Discussion: The Department agrees absolute funding priority for this applicants to offer their suggestions. that organizational experience and competition, applicants must propose Proposals will be reviewed individually qualifications is an important selection projects that: on their own merits against the selection factor. Qualifications and experience of (1) Design, develop, publish, and criteria. key personnel and other factors for disseminate The Challenge, a newsletter Changes: None. ensuring high-quality products and for educators, prevention specialists, services from the proposed project are and other professionals in fields related Selection Criteria—Adequacy of addressed under the selection criterion to education and drug and violence Resources ‘‘Quality of Management Plan’’. prevention to provide information about Comment: One commenter asked if Changes: None. effective practices to prevent drug use peer reviewers should be determining and violent behavior among youth. whether costs are reasonable, and based Selection Criteria—Quality of Project (2) Manage all aspects of The on what qualifications. Evaluation Challenge, including developing Discussion: Peer reviewers for all Comment: One commenter questioned contents of each issue, writing or grant competitions have as one of their why so many points (25) are allocated soliciting articles for each issue, tasks assessing budgets submitted by to the ‘‘Quality of Project Evaluation’’ preparing artwork, handling all design applicants and determining if costs are criterion since The Challenge is not a and pre-production tasks, and printing reasonable, based on the design, scope, demonstration project. The commenter and mailing.

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(3) Create, maintain, and expand a (a) The adequacy of the management Electronic Access to This Document subscriber data base for ED. plan to achieve the objectives of the You may view this document, as well (4) Evaluate on an ongoing basis the proposed project on time and within as all other Department of Education impact of The Challenge on the budget, including clearly defined documents published in the Federal intended audience, and use evaluation responsibilities, timelines, and Register, in text or Adobe Portable results for continuous improvement of milestones for accomplishing project Document Format (PDF) on the Internet the newsletter. tasks. (5) at either of the following sites: (5) Develop, create, and maintain a (b) The adequacy of mechanisms for Web site to post each issue and receive http://ocfo.ed.gov/fedreg.htm ensuring high-quality products and http://www.ed.gov/news.html reader comments and suggestions. services from the proposed project, To use the PDF you must have the (6) Agree to have content of the including qualifications and experience Adobe Acrobat Reader Program with newsletter reviewed and approved by of key personnel in writing and editing Search, which is available free at either the Department of Education prior to newsletters for education, prevention of the previous sites. If you have publication. and related fields. (10) questions about using the PDF, call the Selection Criteria (c) The extent to which the time U.S. Government Printing Office (GPO), commitments of the project director and The following selection criteria will toll free, at 1–888–293–6498; or in the principal investigator and other key be used to evaluate applications for one Washington, DC area at (202) 512–1530. project personnel are appropriate and cooperative agreement under this Note: The official version of this document adequate to meet the objectives of the competition. The maximum score for all is the document published in the Federal proposed project. (5) these criteria is 100 points. The Register. Free Internet access to the official maximum score for each criterion or (d) How the applicant will ensure that edition of the Federal Register and the Code factor under that criterion is indicated a diversity of perspectives are brought to of Federal Regulations is available on GPO bear in the operation of the proposed Access at: http://www.access.gpo.gov/nara/ in parentheses. index.html (1) Significance. (10 points) project, including those of students, In determining the significance of the faculty, parents, the business Program Authority: 20 U.S.C. 7131 proposed project, the following factor is community, a variety of disciplinary and professional fields, recipients or Dated: March 21, 2000. considered: The potential contribution (Catalog of Federal Domestic Assistance of the proposed project to increased beneficiaries of services, or others, as appropriate. (5) Number 84.184P Office of Elementary and knowledge or understanding of Secondary Education—Safe and Drug-Free educational problems, issues, or (5) Quality of project evaluation. (25 Schools and Communities National effective strategies. points) Programs—Federal Activities—The (2) Quality of the project design. (30 In determining the quality of the Challenge Newsletter) points) evaluation, the following factors are Michael Cohen, In determining the quality of the considered: Assistant Secretary for Elementary and design of the proposed project, the (a) The extent to which the evaluation Secondary Education. following factors are considered: plan provides for an ongoing evaluation [FR Doc. 00–7300 Filed 3–23–00; 8:45 am] (a) The extent to which the goals, of the effectiveness of The Challenge BILLING CODE 4000±01±U objectives, and outcomes to be achieved newsletter, and its impact on the by the proposed project are clearly intended audience. (10) specified and measurable. (10) (b) The extent to which the evaluation DEPARTMENT OF EDUCATION (b) The extent to which the design of results will be used for continuous [CFDA No: 84.184P] the proposed project is appropriate to, improvement of The Challenge. (5) and will successfully address, the needs (c) The extent to which the methods Office of Elementary and Secondary of the target population or other of evaluation are appropriate to the Education; Safe and Drug-Free identified needs. (5) context within which the project Schools and Communities National (c) The extent to which the proposed operates. (5) ProgramsÐFederal Activities Grants project represents an exceptional ProgramÐThe Challenge Newsletter approach to the priority or priorities (d ) The extent to which the methods established for the competition. (15) of evaluation will provide performance AGENCY: Department of Education. feedback and permit periodic (3) Adequacy of resources. (10 points) ACTION: assessment of progress toward achieving Notice Inviting Applications for In determining the adequacy of New Awards for Fiscal Year 2000. resources for the proposed project, the intended outcomes. (5) following factors are considered: Intergovernmental Review Purpose of the Program: To fund one (a) The adequacy of support, cooperative agreement for the including facilities, equipment, This program is subject to the development and dissemination of The supplies, and other resources, from the requirements of Executive Order 12372 Challenge newsletter to provide applicant organization or the lead and the regulations in 34 CFR Part 79. information about effective practices to applicant organization. (5) The objective of the Executive order is prevent drug use and violent behavior (b) The extent to which the costs are to foster an intergovernmental among youth. reasonable in relation to the objectives, partnership and a strengthened Eligible Applicants: Public and design, and potential significance of the federalism by relying on processes private nonprofit organizations and proposed project. (5) developed by State and local individuals. (4) Quality of management plan. (25 government for coordination and review Applications available: March 24, points) of proposed Federal financial assistance. 2000. In determining the quality of the In accordance with the order, this Deadline for Receipt of Applications: management plan for the proposed document is intended to provide early April 24, 2000. project, the following factors are notification of the Department’s specific Note: All applications must be received by considered: plans and actions for this program. the Department’s Application Control Center

VerDate 202000 18:30 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\24MRN5.SGM pfrm04 PsN: 24MRN5 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Notices 16091 by 4:30 p.m. Eastern Time on or before the Project Period: Up to 36 months. An individual who uses a TDD may deadline date. Applications received after Please note that all applicants for multi- call the Federal Information Relay that time will not be eligible for funding. year awards are required to provide Service FIRS) at 1–800–877–8339. Postmarked dates will not be accepted. This detailed budget information for the total requirement takes exception to the Education Electronic Access to This Document project period requested. The Department General Administrative Regulations (EDGAR), 34 CFR 75.102. Under Department will negotiate at the time of You may view this document, as well the Administrative Procedure Act (5 U.S.C. the initial award the funding levels for as all other Department of Education 553), the Department generally offers each year of the cooperative agreement documents published in the Federal interested parties the opportunity to award. Register, in text or Adobe Portable comment on proposed regulations. However, Applicable Regulations: (a) The Document Format (PDF) on the Internet this exception to EDGAR makes procedural Education Department General at either of the following sites: changes only and does not establish new Administrative Regulations (EDGAR) in substantive policy. Therefore, under 5 U.S.C. 34 CFR parts 74, 75, 77, 79, 80, 81, 82, http://ocfo.ed.gov/fedreg.htm 553 (b) (A), the Assistant Secretary for 85, 97, 98, and 99; and (b) The Notice http://www.ed.gov/news.html Elementary and Secondary Education has of Final Priority and Selection Criteria determined that proposed rulemaking is not To use the PDF you must have Adobe required. Applications by mail should be for FY 2000 published elsewhere in this issue of the Federal Register. Acrobat Reader Program with Search, sent to: U.S. Department of Education, which is available free at either of the Application Control Center, Attention: Absolute Priority: The Assistant CFDA: 84.184P, Room 3633, ROB#3, 400 Secretary has published elsewhere in previous sites. If you have questions Maryland Avenue, SW, Washington, DC this issue of the Federal Register a about using the PDF, call the U.S. 20202–4725. The address for applications notice of final priority and selection Government Printing Office (GPO), toll delivered by hand is: U.S. Department of criteria which establishes an absolute free, at 1–888–293–6498; or in the Education, Application Control Center, priority for The Challenge newsletter. Washington, DC area at (202) 512–1530. Attention: CFDA: 84.184P, Regional Office Under 34 CFR 75.105(c)(3), the Note: The official version of this document Building 3, Room 3633, 7th and D Streets, Assistant Secretary will fund under this is the document published in the Federal SW, Washington, DC 20202–4725. competition only applications that meet Register. Deadline for Intergovernmental the absolute priority. Program Authority: 20 U.S.C. 7131. Review: May 23, 2000. For Applications or Information Dated: March 21, 2000. Available Funds: $300,000. Contact: Gail Beaumont, Safe and Drug- Free Schools Program, 400 Maryland Michael Cohen, Estimated Size of Award: $300,000. Avenue, SW, Washington, DC 20202– Assistant Secretary for Elementary and Estimated Number of Awards: 1. 6123. Telephone: (202) 260–3954. By Secondary Education. Note: The Department of Education is not FAX: (202) 260–7767. Internet: [FR Doc. 00–7301 Filed 3–23–00; 8:45 am] bound by any estimates in this notice. [email protected]. BILLING CODE 4000±01±U

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Part VII

Environmental Protection Agency 40 CFR Part 755 Methyl Tertiary Butyl Ether (MTBE); Advance Notice of Intent To Initiate Rulemaking Under the Toxic Substances Control Act To Eliminate or Limit the Use of MTBE as a Fuel Additive in Gasoline; Advance Notice of Proposed Rulemaking

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ENVIRONMENTAL PROTECTION monoxide (CO). In some cases this person. Please follow the detailed AGENCY requirement is met through the use of instructions for each method as MTBE. While the use of MTBE as a fuel provided in Unit I. of the 40 CFR Part 755 additive in gasoline has helped to SUPPLEMENTARY INFORMATION. To ensure reduce harmful air emissions, it has also proper receipt by EPA, it is imperative [OPPT±62164; FRL±6496±1] caused widespread and serious that you identify docket control number contamination of the nation’s drinking OPPTS–62164 on the first page of your Methyl Tertiary Butyl Ether (MTBE); water supplies. Unlike other response. Advance Notice of Intent to Initiate components of gasoline, MTBE FOR FURTHER INFORMATION CONTACT: For Rulemaking Under the Toxic dissolves and spreads readily in the Substances Control Act to Eliminate or general information contact: Barbara groundwater underlying a spill site, Cunningham, Director, Office of Limit the Use of MTBE as a Fuel resists biodegradation, and is difficult Additive in Gasoline Program Management and Evaluation, and costly to remove from groundwater. Office of Pollution Prevention and AGENCY: Environmental Protection Low levels of MTBE can render drinking Toxics (7401), Environmental Protection Agency (EPA). water supplies unpotable due to its Agency, Ariel Rios Bldg., 1200 offensive taste and odor. At higher ACTION: Advance Notice of Proposed Pennsylvania Ave., NW., Washington, levels, it may also pose a risk to human Rulemaking. DC 20460; telephone number: (202) health. The United States Geological 554–1404; e-mail address: TSCA- SUMMARY: Methyl Tertiary Butyl Ether Survey (USGS) has found that the [email protected]. occurrence of MTBE in groundwater is (MTBE) is a chemical compound that is For technical information contact: strongly related to its use as a fuel used as a fuel additive in gasoline. Karen Smith, Office of Transportation additive in the area, finding detections Refiners have primarily added MTBE to and Air Quality, Fuels and Energy of MTBE in 21% of ambient gasoline to meet the Clean Air Act Division (6406J), Environmental groundwater tested in areas where (CAA) requirement that areas with Protection Agency, Ariel Rios Bldg., MTBE is used in RFG compared with severe problems in attaining the 1200 Pennsylvania Ave., NW., 2% of ambient groundwater in areas National Ambient Air Quality Standard Washington, DC 20460; telephone using conventional gasoline. EPA is (NAAQS) for ozone use Reformulated number: (202) 564–9674; e-mail address: today providing an advance notice of its Gasoline (RFG) containing 2% oxygen [email protected]. by weight. Many States have also intent to initiate a rulemaking pursuant SUPPLEMENTARY INFORMATION: voluntarily chosen to use RFG as a to section 6 of the Toxic Substances means of addressing marginal, Control Act (TSCA) to eliminate or limit I. General Information moderate, or serious ozone the use of MTBE as a fuel additive. EPA A. Does this Action Apply to Me? nonattainment, and some refiners use seeks public comment on a number of MTBE to boost the octane of gasoline. In aspects of this anticipated regulatory Entities potentially regulated by a addition to the RFG program, the CAA action, including whether the Agency limit or ban on the use of MTBE as a also required the establishment of a should take action to address any fuel fuel additive in gasoline are those Wintertime Oxygenated Fuel additives other than MTBE. entities that refine, import, or blend (Wintertime Oxyfuel) program. Under DATES: Comments, identified by docket gasoline with additives, or that this program, gasoline must contain control number OPPTS–62164, must be transport, store, or sell gasoline, or 2.7% oxygen by weight during the received on or before May 8, 2000. otherwise introduce gasoline into wintertime in areas that are not in ADDRESSES: Comments may be commerce. Potentially regulated attainment for the NAAQS for carbon submitted by mail, electronically, or in categories include:

NAICS SIC Examples of regulated Categories codes codes entities

Industry 324110 2911 Petroleum refiners, blenders, and importers Industry 422710 5171 Gasoline marketers and distributors 422720 5172

This listing is not intended to be your business is affected by this action, document, on the Home Page select exhaustive, but rather provides a guide you should carefully examine this ‘‘Laws and Regulations’’ and then look for readers regarding entities likely to be ANPRM. If you have any questions up the entry for this document under regulated by an action resulting from regarding the applicability of this action the ‘‘Federal Register—Environmental this ANPRM. Other types of entities not to a particular entity, consult the Documents.’’ You can also go directly to listed in this table could also be directly technical person listed under FOR the Federal Register listings at http:// affected, particularly if future action FURTHER INFORMATION CONTACT. www.epa.gov/fedrgstr/. includes limits directed at gasoline B. How Can I Get Additional 2. In person. The Agency has release prevention or water remediation, Information, Including Copies of this established an official record for this rather than the MTBE content of Document or Other Related Documents? action under docket control number gasoline. The North American Industrial OPPTS–62164. The official record Classification System (NAICS) and 1. Electronically. You may obtain consists of the documents specifically Standard Industrial Classification (SIC) electronic copies of this document, and referenced in this ANPRM, any public codes have been provided to assist you certain other related documents that comments received during an applicable and others in determining whether or might be available electronically, from comment period, and other information not this action applies to certain the EPA Internet Home Page at http:// related to this action, including any entities. To determine whether you or www.epa.gov/. To access this information claimed as Confidential

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Business Information (CBI). This official CBI. Electronic comments must be number assigned to this action on the record includes the documents that are submitted as an ASCII file avoiding the first page of your response. You may physically located in the docket, as well use of special characters and any form also provide the name, date, and as the documents that are referenced in of encryption. Comments and data will Federal Register citation. those documents and in this ANPRM. also be accepted on standard disks in II. Introduction The public version of the official record WordPerfect 6.1/8.0 or ASCII file does not include any information format. All comments in electronic form This ANPRM initiates an Agency claimed as CBI. The public version of must be identified by docket control rulemaking to address the threat to the the official record, which includes number OPPTS–62164. Electronic nation’s drinking water resources from printed, paper versions of any electronic comments may also be filed online at contamination by MTBE, a widely used comments submitted during an many Federal Depository Libraries. additive in gasoline. This rulemaking applicable comment period, is available will be conducted under TSCA section for inspection in the TSCA D. How Should I Handle CBI 6, 15 U.S.C. 2605. It is EPA’s intent to Nonconfidential Information Center, Information That I Want to Submit to conduct this rulemaking as quickly as North East Mall, Rm. B–607, Waterside the Agency? reasonably practicable. EPA’s review of Mall, 401 M St., SW., Washington, DC. Do not submit any information existing information on contamination The Center is open from noon to 4 p.m., electronically that you consider to be of drinking water resources by MTBE Monday through Friday, excluding legal CBI. You may claim information that indicates substantial evidence of a holidays. The telephone number for the you submit to EPA in response to this significant risk to the nation’s drinking Center is (202) 260–7099. For additional document as CBI by marking any part or water supply. A comprehensive information related to this ANPRM, see all of that information as CBI. approach to such risk must include the Office of Air and Radiation (OAR) Information so marked will not be consideration of either reducing or Docket, A–99–01, The Blue Ribbon disclosed except in accordance with eliminating the use of MTBE as a Panel to Review the Use of Oxygenates procedures set forth in 40 CFR part 2. gasoline additive. As a result, EPA is in Gasoline. The index for OAR docket In addition to one complete version of initiating this process pursuant to the A–99–01 can be found at http:// the comment that includes any unreasonable risk provision under www.epa.gov/oms/consumer/fuels/ information claimed as CBI, a copy of TSCA section 6 to eliminate or greatly oxypanel/blueribb.htm. the comment that does not contain the reduce the use of MTBE as a gasoline 3. Fax-on-Demand. Using a faxphone information claimed as CBI must be additive. EPA is interested in comments call (202) 401–0527 and select item submitted for inclusion in the public on both the risk and these possible 4005 for an index of items in this version of the official record. responses to it. category. Information not marked confidential MTBE is a common and widely used will be included in the public version additive in gasoline. It is an oxygenate, C. How and to Whom Do I Submit meaning it increases the oxygen content Comments? of the official record without prior notice. If you have any questions about of the gasoline. It is also a source of You may submit comments through CBI or the procedures for claiming CBI, octane in gasoline. It is widely used in the mail, in person, or electronically. To please consult the technical person those parts of the country where oxygenated gasoline is required, either ensure proper receipt by EPA, it is identified under FOR FURTHER by Federal or State law. For example, imperative that you identify docket INFORMATION CONTACT. control number OPPTS–62164 on the the 1990 amendments to the CAA first page of your response. Commenters E. What Should I Consider as I Prepare require that Federal RFG meet a 2.0% should be aware that their comments My Comments for EPA? oxygen content requirement by weight. may be placed on an Internet docket EPA invites you to provide your MTBE is the primary oxygenate used by web site. This information may include views on any issue relevant to this refiners to meet this requirement, which the commenters name and address. ANPRM. EPA has identified particular applies to over 30% of the country’s 1. By mail. Submit your comments to: subjects in Unit VI. regarding which gasoline. When MTBE is used to meet Document Control Office (7407), Office comment would be particularly this requirement, the gasoline is of Pollution Prevention and Toxics appreciated. You may find the following blended so it contains about 11% MTBE (OPPT), Environmental Protection suggestions helpful for preparing your by volume. In other parts of the country, Agency, Ariel Rios Bldg., 1200 comments: MTBE is sometimes used in Pennsylvania Ave., NW., Washington, 1. Explain your views as clearly as conventional or non-RFG as a source of DC 20460. possible. octane. Significantly more MTBE is 2. In person or by courier. Deliver 2. Describe any assumptions that you used in RFG and other oxygenated your comments to: OPPT Document used. gasoline programs than is used in Control Office (DCO) in East Tower Rm. 3. Provide copies of any technical conventional gasoline. G–099, Waterside Mall, 401 M St., SW., information and/or data you used that Current data on MTBE levels in Washington, DC. The DCO is open from support your views. ground and surface waters indicate 8 a.m. to 4 p.m., Monday through 4. If you estimate potential burden or widespread and numerous detections at Friday, excluding legal holidays. The costs, explain how you arrived at the low levels of MTBE, with a more limited telephone number for the DCO is (202) estimate that you provide. number of detections at higher levels. 260–7093. If your comments are 5. Provide specific examples to Given MTBE’s widespread use as a received after 3 p.m., they will be dated illustrate your concerns. gasoline additive and the large volumes as received the next business day. 6. Offer alternative ways to address of gasoline that are stored, transported, 3. Electronically. You may submit the concerns identified by EPA. and used in all areas of the country, your comments electronically by e-mail 7. Make sure to submit your releases of MTBE to the nation’s ground to: ‘‘[email protected],’’ or mail your comments by the deadline in this and surface waters occur in a number of computer disk to the address identified ANPRM. ways. Leakage from the gasoline storage above. Do not submit any information 8. To ensure proper receipt by EPA, and distribution system is a major electronically that you consider to be be sure to identify the docket control source of contamination, but the

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 16096 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules contamination can also come from it difficult, expensive, and time- lives of ethanol in surface waters are spills, emissions from marine engines consuming to remediate. For example, it short. Half-lives span 6.5 to 26 hours for into lakes and reservoirs, and to some is much harder and more expensive to ethanol. Anaerobic biodegradation in extent from air deposition. MTBE is remove MTBE from drinking water than oxygen-limited environments is also highly soluble in water, resists it is to remove other organic expected to proceed at rapid rates. biodegradation, and moves rapidly with components of gasoline. Furthermore, Reported half-lives for ethanol groundwater. It may end up in drinking MTBE does not biodegrade as readily as biodegradation under anaerobic water supplies even when there are no other components of gasoline. Given the conditions range from 1 to 4.3 days. indications of other gasoline numerous and diverse sources of (Ref. 5) Unlike MTBE, alkylates and components. MTBE is detected in water potential release into the environment aromatics are expected to behave in soil much more often and at higher and the problems associated with and water more like other components concentrations in areas of the country cleaning it up once it is released, EPA typically found in gasoline; as a result, where Federal RFG is sold, given its believes a comprehensive approach to they too would be unlikely to dominant use by refiners as an such risk must include consideration of contaminate drinking water as often as oxygenate to meet the statutory RFG either reducing or eliminating the use of MTBE or at the concentrations of MTBE. oxygen content requirement. The USGS MTBE as a gasoline additive. Ethers other than MTBE, and alcohols has found detections of MTBE in 21% As discussed earlier, in ground water other than ethanol, are not currently of ambient groundwater tested in areas MTBE is more soluble, does not adsorb used widely as oxygenates; the Agency where MTBE is used in RFG as as readily to soil particles, biodegrades does not have much data to characterize compared with 2% of ambient less rapidly and moves more quickly the risks they might pose to drinking groundwater in areas using than other components of gasoline. By water supplies. However, the other conventional gasoline. (Ref. 1) comparison, unless frozen, MTBE in ethers are chemically similar or related The presence of MTBE in drinking surface water will volatalize and find its to MTBE, and they may well move water sources presents two major way into the atmosphere. This accounts through soil and water in ways and problems. The first concern is that for the less frequent and generally lower amounts similar to MTBE. EPA will MTBE contamination may render water concentrations of MTBE found in closely evaluate whether compounds supplies unuseable as drinking water. surface water. not currently used in significant MTBE has an offensive taste and odor Since the available information shows quantities as oxygenates in RFG might which can be detected in water even at that there are numerous and widespread be widely used as alternatives to MTBE, low levels. Because of the taste and odor instances of groundwater if MTBE use in gasoline is banned or problem, MTBE contamination has contamination, EPA is considering the limited, whether additional information resulted in the loss of certain drinking substitutes that would likely be used to on these compounds is necessary, and replace MTBE. In oxygenated gasoline water sources. For example, high levels whether other measures are appropriate programs such as Federal RFG, the most of MTBE found in groundwater wells to assure that an elimination or likely substitute based on current usage that supply Santa Monica’s drinking limitation of MTBE in gasoline does not is ethanol. Other ether compounds are water led that city to close its wells, result in the use of alternatives that currently used as oxygenates in forcing it to purchase drinking water might cause a similar or greater level of relatively small quantities. MTBE does from another public water supplier. In risk. addition, MTBE detections found in not occupy as dominant a position as an The remainder of this ANPRM octane enhancer for conventional groundwater wells that supply South outlines the major elements of the gasoline as it does as an oxygenate in Lake Tahoe forced the South Tahoe problem and its potential solution. EPA RFG. Ethanol, alkylates, and aromatics Public Utility District to close 8 of its 34 invites comment from all interested are all widely-used as octane enhancers wells despite detections below EPA’s parties on these and any other matters in conventional gasoline. Although EPA advisory levels. An additional four relevant to addressing the risk of MTBE is seeking more information on wells were closed as a precautionary to the nation’s drinking water resources. measure due to their proximity to the alternatives to MTBE, EPA does not existing MTBE plumes. expect the use of ethanol, alkylates, or III. Background The second major concern involves aromatics as fuel additives to present A. What is MTBE and Why is it Used as uncertainty regarding the level of risk to the same magnitude of risk to drinking public health from the chronic exposure water supplies as MTBE. Ethanol a Fuel Additive? of large numbers of people to low levels biodegrades more quickly than MTBE, MTBE is an ether compound made by of MTBE in drinking water. While and therefore seems less likely to combining methanol and isobutylene. inhalation of MTBE in high contaminate drinking water as often as The methanol is typically derived from concentrations has been shown to cause MTBE, or at the concentrations of natural gas; isobutylene can be derived cancer in laboratory animals, the MTBE. First order degradation constants as a byproduct of the petroleum refinery Agency concluded in 1997 that there is for MTBE in ambient ground water have process. Since the 1970’s, MTBE has little likelihood that MTBE in drinking been reported by Schirmer and others been used in the United States as an water would cause adverse health (1998) and Borden and others (1997). octane-enhancing replacement for lead, effects at levels that cause taste and odor The rate constants, k, from these studies primarily in mid- and high-grade problems. (Ref. 2) There is still much are 0.0012 day(¥1) (Schirmer and gasoline at concentrations as high as 7% uncertainty about the extent of the others, 1998) and 0.0010 +¥ 0.0007 (by volume). Now, however, MTBE is health risks associated with chronic, day(¥1) (Borden and others, 1997). mainly used as a fuel oxygenate at low-level exposures to MTBE in (Refs. 3,4) These reaction rates for higher concentrations (11% to 15% by drinking water. The Agency is MTBE correspond to a half-life of about volume) as part of the Federal RFG and continuing to review and update its 1.6 and 1.9 years, respectively. By Wintertime Oxyfuel programs. These analysis of the potential health risks comparison, in a December 1999 report programs were initiated by EPA in 1995 posed by MTBE. to the California Environmental Policy and 1992, respectively. Once MTBE contaminates a drinking Council the authors report that under The CAA mandates that RFG be sold water source, its chemical nature makes aerobic conditions, the reported half- in the 10 largest metropolitan areas with

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules 16097 the most severe summertime ozone reformulated gasoline. (Ref. 6) In through soil rapidly, is very soluble in levels, including Baltimore, Chicago, addition to the RFG program, certain water (much more so than BTEX), and Hartford, Houston, Los Angeles, areas in California and elsewhere in the is highly resistant to biodegradation Milwaukee, New York, Philadelphia, nation that have not attained the (much more so than BTEX). MTBE that Sacramento, and San Diego. The CAA NAAQS for CO are required under the enters groundwater moves at nearly the also allows any other area classified as CAA to implement the Wintertime same velocity as the groundwater itself. a marginal, moderate, or serious ozone Oxyfuel program. The CAA requires As a result, it often travels farther than nonattainment area to opt into the RFG Wintertime Oxyfuel to contain no less other gasoline constituents, making it program. Currently, 17 States and the than 2.7% oxygen (by weight) during more likely to impact public and private District of Columbia voluntarily the winter, when CO levels are highest. drinking water wells. Due to its affinity participate in the RFG program. These There are 17 areas across the country for water and its tendency to form large areas are located in California, that currently implement the contamination plumes in groundwater, Connecticut, Delaware, District of Wintertime Oxyfuel program. Ethanol is and because MTBE is highly resistant to Columbia, Illinois, Indiana, Kentucky, the primary oxygenate used to meet this biodegradation and remediation, Maryland, Massachusetts, Missouri, oxygen requirement. Currently, Los gasoline releases with MTBE can be New Hampshire, New Jersey, New York, Angeles is the only area implementing substantially more difficult and costly to Pennsylvania, Rhode Island, Texas, the Wintertime Oxyfuel program with remediate than gasoline releases that do Virginia, and Wisconsin. The total MTBE. When MTBE is used to meet the not contain MTBE (Unit III.E.). This is number of areas participating in the Wintertime Oxyfuel requirements, it is a substantial concern in the United RFG program may change from year to added to gasoline at a concentration of States, where approximately 40–46% of year, depending on potential opt-ins. approximately 15% by volume. the population uses groundwater as a EPA regulations adopted pursuant to MTBE is also used in conventional source of drinking water. the CAA require that RFG achieve gasoline to boost the octane of gasoline. 2. Taste and odor. MTBE has a very reductions in mass emissions of volatile Octane is a measure of a fuel’s unpleasant turpentine-like taste and organic compounds (VOCs) and toxic air resistance to uncontrolled combustion odor that at low levels of contamination emissions of at least 15% during Phase (engine knock). The DOE estimates that can render drinking water unacceptable I of the RFG program (1995 through approximately 12,000 barrels of MTBE for consumption. A number of studies 1999), and reductions in such emissions are used per day as an octane enhancer have been conducted on the of 27% and 22%, respectively, during in conventional gasoline. (Ref. 7) This is concentrations of MTBE in drinking Phase II of the RFG program (2000 and less than 5% of the total MTBE use in water at which individuals can detect on). Phase II RFG also requires a 6.8% gasoline. MTBE is typically present in the taste and odor of the chemical. (Refs. reduction in oxides of nitrogen (NOX). gasoline as an octane enhancer at 3–7% 8,9,10) Human sensitivity to taste and RFG must also meet certain mandatory by volume. Alternative octane odor varies widely. In controlled content standards, including limitations enhancers are also used, including studies, some individuals were able to on benzene and a restriction of heavy ethanol, alkylates, and aromatic detect very low concentrations of metal content. To address its unique air compounds. MTBE, while others do not taste or pollution challenges, California has A number of States have taken actions smell the chemical even at much higher adopted similar, but more stringent designed to limit the use of MTBE in concentrations. In controlled studies requirements for California RFG. gasoline. In March 1999, Governor Gray individuals have detected odor and taste The CAA specifies that RFG must Davis of California issued an executive at concentrations of MTBE as low as 2.5 contain 2% oxygen by weight. Although order requiring the California Air parts per billion (ppb) for odor and 2 a number of oxygenates could be used Resources Board to develop a timetable ppb for taste.1 to meet this requirement, in practice for the removal of MTBE from gasoline In December 1997, EPA’s Office of over 87% of RFG contains MTBE as the sold in California as soon as possible, Water released a non-regulatory primary oxygenate; approximately 12% but by no later than December 31, 2002. advisory for MTBE in drinking water. of RFG contains ethanol. Two percent Maine opted out of the RFG program in The EPA advisory is not a mandatory oxygen by weight is equivalent to March 1999. In July of 1999, New standard for action and is not Federally approximately 11% MTBE by volume. Hampshire enacted a law directed at enforceable, but provides guidance for When ethanol is used as an oxygenate, reducing the use of MTBE in gasoline, communities that may be exposed to it is usually blended at 10% by volume, including a requirement that the State drinking water contaminated with which is equivalent to 3.5% oxygen by request a waiver from EPA of RFG MTBE. According to the advisory, weight. A small percentage of refiners oxygen content requirements until 2002. keeping MTBE concentrations in the use tertiary amyl methyl ether (TAME) Five other States have initiated range of 20–40 µg/L or below would as the primary oxygenate in RFG; more proposed limited use, bans or phase- likely avert unpleasant taste and odor frequently TAME is present in RFG as outs of MTBE, including Arizona, effects, recognizing that some people a secondary oxygenate together with Kansas, Missouri, New York, and South may detect the chemical below this MTBE. Other oxygenates are available to Dakota. concentration range. refiners, such as ethyl tertiary butyl The State of California has chosen to ether (ETBE), tertiary butyl alcohol B. What Risks Does MTBE Pose to Drinking Water Supplies? establish a secondary drinking water (TBA), and diisopropyl ether (DIPE), but standard of 5 µg/L to ensure the 1. Chemical properties. In comparison are not being used in significant potability of drinking water for more quantities (or at all) at this time. to other components of concern in Reformulated gasoline represents over gasoline, including benzene, toluene, 1 Throughout this ANPRM, various studies are 30% of the total retail gasoline sold in ethylbenzene, and xylenes (collectively cited which may refer to the presence of MTBE in the United States. According to the referred to as ‘‘BTEX’’), the available water in either micrograms per liter (µg/L) or ppb. Department of Energy (DOE), over 126 information shows MTBE may pose These units are approximately interchangeable assuming the density of the water is constant. In billion gallons of gasoline were supplied additional problems when it escapes reality, to the extent that the water density may vary for U.S. markets in 1998, with 41.5 into the environment through gasoline from study to study, equivalence of these units may billion gallons of that volume being releases. MTBE is capable of traveling not be exact.

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 16098 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules sensitive individuals. EPA is planning carcinogen based on animal virtually anywhere in the United States. to upgrade its MTBE advisory to a carcinogenicity data. However, because Larger-scale studies document the national secondary drinking water of lack of health data on the widespread detection of MTBE in the standard and will review its 1997 nonoxygenated gasoline vapors to nation’s water supplies. advisory levels at that time. Secondary which humans are actually exposed, it 1. Examples of MTBE contamination. drinking water standards address the is not possible to have a reasonably The City of Santa Monica, California, aesthetic qualities that relate to public good estimate of population cancer risk has historically relied on seven wells acceptance of drinking water and are to conventional gasoline. from the Arcadia and Charnock well provided as non-enforceable guidance to As a result of substantial scientific fields to provide approximately 50% of the States. uncertainties, a review committee of the the drinking water to the town’s 87,000 3. Human health effects. The majority National Academy of Sciences (NAS) residents. In August of 1995, the City of the human health-related research recommended that additional studies be found MTBE in water derived from the conducted to date on MTBE has focused conducted on MTBE and that questions Charnock Wellfield. By April of 1996, on adverse effects that may result about the bolus dosing study be MTBE levels had risen dramatically in through inhalation of the chemical. At resolved before the study is used for risk all wells, with concentrations reaching high doses by the inhalation route, assessment purposes. (Ref. 16) A up to 610 ppb. All five of the city’s MTBE has caused non-cancer health number of ongoing studies by EPA, the Charnock wells were shut down in effects as well as tumors in two strains Chemical Industry Institute of 1996. The Southern California Water of rat and one strain of mouse in a Toxicology (CIIT) and other Company (SCWC), which had variety of organs. However, there have organizations should provide EPA with withdrawn drinking water from the been no human or animal health effects information to assess health risks via Charnock well field, also closed its two studies concerning the ingestion of different routes of MTBE exposure. production wells to avoid drawing MTBE in drinking water. In one study, These studies should allow for contamination into the wells. The animals were given a daily (all at once) extrapolation from the inhalation SCWC Charnock wells had provided a dose of MTBE in olive oil. There were studies to an assessment of risks portion of the drinking water for 10,000 carcinogenic effects at a high level of associated with ingestion of drinking residences in Culver City, California. exposure. Because the animals were not water. In addition, further study of After completion of screening level exposed through drinking water, potential health effects of MTBE and investigations at 28 underground storage uncertainties remain concerning the other fuel additives are underway by the tanks (USTs) locations and two gasoline degree of risk associated with typical petroleum industry as required under product pipelines, the EPA and the Los human exposure. CAA section 211. Angeles Regional Water Quality Control EPA classified MTBE as a ‘‘possible’’ EPA reviewed available health effects Board (RWQCB) identified 25 USTs as human carcinogen under its 1986 cancer information on MTBE in its 1997 contributing contamination to the risk assessment guidelines on the basis drinking water advisory guidance and Charnock Sub-Basin, the groundwater of results of inhalation cancer tests and determined that there was insufficient basin which supplies water to the has suggested that it be regarded as information available on MTBE health Charnock Wellfields. From 1997–1999, posing a potential carcinogenic hazard effects and exposure to allow EPA to three companies potentially responsible and risk to humans, although no establish a national primary drinking for the contamination voluntarily quantitative estimate of the cancer water regulation. The drinking water conducted testing of wellhead drinking potency of MTBE has been established advisory document indicated there is water treatment technologies, performed by EPA because of limitations in the little likelihood that MTBE regional groundwater investigation available data. (Refs. 11,12) While concentrations between 20 and 40 µg/L activities, and reimbursed the City of MTBE has been characterized as an would cause adverse health effects. Santa Monica and Southern California animal carcinogen, both the Nevertheless, California and New Water Company for water replacement International Agency for Research on Hampshire have proposed health-based costs. These companies claim to have Cancer and the Department of Health primary drinking water standards of 13 spent over $50 million on response and Human Services have indicated that µg/L for MTBE. activities to date. Since 1996, the city there are not enough data to classify C. How Widespread is the MTBE and SCWC have met their municipal MTBE with regard to human Contamination? water demand by utilizing water carcinogenicity under their purchased from the Metropolitan Water classification schemes. (Refs. 13,14) It Each year approximately 9 million District, at a cost of over $3 million per should be noted that conclusions in the gallons of gasoline (the equivalent of a year. Together with the Agencies’ Office of Science and Technology full supertanker) are released to the oversight cost and the costs of Policy’s 1997 Interagency Assessment of environment in the United States from investigation and cleanup at all the UST Oxygenated Fuels and in a 1996 report leaks and spills, according to an locations and gasoline product by the Health Effects Institute generally estimate by the Alliance for Proper pipelines, it is estimated that over $60 support EPA’s view on potential Gasoline Handling. (Ref. 17) MTBE may million in response costs have been carcinogenic hazard. (Ref. 15) The be present in a substantial portion of expended in addressing the Charnock Interagency Assessment stated, in regard these releases. Because of MTBE’s Wellfield problem to date. In September to inhalation risks, that ‘‘it is not known solubility in water and resistance to 1999, EPA and RWQCB issued orders to whether the cancer risk of oxygenated degradation, it is being detected with potentially responsible parties that gasoline containing MTBE is increasing frequency in both require them to pay for replacement significantly different from the cancer groundwater and surface water. The water for the affected homeowners from risk of conventional gasoline.’’ The potential for harm posed by MTBE January 2000 until January 2005. A final estimated upper bound cancer units releases can perhaps best be understood cleanup is expected to cost more than risks of MTBE are similar to or slightly by reviewing some well-documented $160 million. lower than those of fully vaporized case studies. The releases of MTBE that Contamination of the Arcadia field conventional gasoline, which has been occurred in these situations could have was traced to a single gas station. The listed by EPA as a probable human occurred, and could be repeated, gas station was demolished,

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules 16099 underground tanks and lines were The amount spilled was estimated to be wells. In an initial report of sampling removed, and approximately 2,000 10 to 40 gallons. conducted in shallow groundwater in cubic yards of gasoline-containing soils MTBE has also been detected in 1993 and 1994, USGS reported that of were excavated. Cleanup crews are now surface waters of lakes and reservoirs. A 210 sampled wells and springs in 8 working to control and remove University of California, Davis, study urban areas, 56 (27%) contained MTBE additional sources of contamination was conducted at Donner Lake, at a minimum reporting level of 0.2 µ from the area. In addition, a shallow California. (Ref. 21) The lake is a source g/L, and 3% of the wells and springs groundwater pump and treat system was of drinking water for lakeside residents had MTBE concentrations exceeding 20 installed in October 1997 to control and contributes to the drinking water µg/L. (Ref. 22) The maximum further migration of the contaminated supply of downstream communities, concentration of MTBE detected in groundwater. The extracted water is such as Reno, Nevada. MTBE levels these urban areas was over 100 µg/L. filtered through three carbon beds to were low during winter months, at just The USGS collected data in 1995 from remove the bulk of MTBE before the above the 0.1 µg/L level of detection. additional wells in urban areas and water is discharged into the sanitary Levels increased dramatically during combined them with data from 1993– sewer. Actions are currently underway the summer boating season to a high of 1994 to provide specific information on to begin additional treatment of water 12.1 µg/L. Following Labor Day, boat drinking water aquifers. This analysis from the Arcadia wells with carbon and use declined dramatically, as did MTBE showed MTBE detections in 12 (14%) of eventually obtain a permit to serve the levels. Volatilization between the air/ 83 shallow urban wells located in water as drinking water. water interface appeared to be the major aquifers supplying drinking water and In Glennville, California, residential avenue for loss of MTBE. in 19 (2%) of 949 rural wells in aquifers drinking wells were contaminated with In Shasta Lake, a large recreational- used for drinking water, with a median MTBE at levels up to 20,000 ppb. The use reservoir in northern California, concentration of approximately 0.50 µg/ likely source of the contamination was MTBE concentrations were reported to L. (Ref. 23) an UST and associated piping at the range from 9–88 µg/L over the Labor Finally, in a 1999 publication in the town’s only gas station. The town was Day 1996 weekend. Maximum values Proceedings of the 1999 Water forced to start using an alternative were associated with large boats Resources Conference of the American drinking water source in 1997, and still entering a docking area or with engine Water Works Association, USGS relies on alternative sources of water. exhaust from those boats. MTBE was assembled its early ambient In Whitefield, Maine, an automobile also measured in a temporary lake groundwater data with additional data gasoline leak of 20 gallons or less constructed in southern California for a from urban and rural wells. (Ref. 24) For contaminated a bedrock drinking water jetski event in the summer of 1996. urban areas, the frequency of detection well for an elementary school with After the 3-day event, concentrations of MTBE in groundwater in areas of MTBE to a level of 900 µg/L. According reportedly ranged from 50–60 µg/L. substantial MTBE use was about 27% to a report by the the Northeast States On January 28, 2000, a tanker truck (49 of 184 wells), whereas frequency of for Coordinated Air Use Management rolled over on Route 110 in Lowell, detection in non-substantial use areas (NESCAUM), the State of Maine traced Massachusetts, releasing approximately was about 5%. In rural areas, the the source of the spill to an area about 11,000 gallons of gasoline. Most of the frequency of detection of MTBE in areas 120 feet from the well where cars were gasoline entered the Merrimack River. of substantial MTBE use was about 17% parked on the grass. (Ref. 18) The cities of Tewksbury, Methuen, and (50 of 298 wells), whereas the frequency In December 1997, a car accident in Lawrence each have drinking water of detection in non-substantial use areas Standish, Maine, led to the release of 8 intakes on the River downstream of the was about 2%. Overall, USGS found to 10 gallons of gasoline that spill site. Although contaminants were detections of MTBE in 21% of ambient contaminated 24 nearby private wells. not detected at the drinking water groundwater tested in areas where Eleven wells were contaminated with treatment plants the night of the spill, MTBE is used in RFG compared with MTBE to a level above 35 µg/L; two later samples indicated elevated levels 2% of ambient groundwater in areas were contaminated at over 1,000 µg/L; of MTBE. The cities of Tewksbury and using conventional gasoline. In contrast, and the well nearest the accident site Lawrence temporarily closed their BTEX was found in only 4% of areas contained the highest concentration of drinking water treatment facilities and where RFG or winter oxyfuels were 6,500 µg/L. When the State discovered purchased water from alternative used. (Ref. 25) the contaminated wells in May 1998, it sources; the treatment facility in Preliminary results from a joint removed 79 cubic yards of contaminated Methuen remained open. MTBE levels USGS/EPA study of 12 northeastern soil. The contamination extended to the dropped significantly after a few days, States (with a detection limit of 1.0 µg/ top of the underlying bedrock at a depth and the facilities were advised that they L) show that MTBE was detected in 7% of 9 feet below the surface. (Ref. 19) could safely use their intakes. of drinking water supplies, with 0.8% of In the town of Windham, Maine, two 2. Large-scale studies. Although these detections above 20 µg/L. (Ref. 26) public water supply wells 900 to 1,100 scattered incidents of localized water The study also concluded that MTBE is feet from underground gasoline tanks contamination by MTBE have been detected five times more frequently in were contaminated to levels of 1 to 6 µg/ reported since the early 1980s, the first drinking water from community water L MTBE. According to a NESCAUM report to suggest that MTBE systems in RFG or Winter Oxyfuel areas report, the tanks were state-of-the-art contamination of water might be than in non-RFG or non-Winter Oxyfuel technology, double walled and only 10 occurring on a widespread basis came as areas. The study showed BTEX months old when the MTBE a result of the sampling of ambient detections in 8.3% of the systems contamination was discovered. (Ref. 20) groundwater conducted by the USGS analyzed (2,097 systems). Although Extensive testing showed that the tanks National Water Quality Assessment collectively BTEX was found at did not leak directly to the ground, nor Program (NAWQA). Ambient approximately the same frequency as were any vapor leaks found after groundwater is groundwater where MTBE, there is very little co-occurrence extensive testing. NESCAUM stated that there are no known point sources of of the BTEX compounds with MTBE the only plausible cause of the contamination prior to sampling in (less than 1% of the systems). This may contamination was gasoline overfills. drinking water and non-drinking water indicate that MTBE separated from the

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 16100 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules rest of the contaminants in the original result of releases of diesel fuel, jet fuel, another. Although many Federal and gasoline plumes, but it also indicates heating oil, aviation fuel, and waste oil. State programs have been developed to that the increased use of MTBE since Apparently, MTBE cross-contaminated minimize the potential for leaks and 1995 may have created a new universe other petroleum products during spills from the vast array of units and of contaminated water supplies. transport and distribution. A study of individuals handling gasoline, no In 1998, the State of Maine reported fuel releases in Connecticut (Ref. 31) system involving so much product and on sampling conducted on 951 provides further evidence of MTBE so many individual handlers can be household drinking water wells and 793 contamination of heating oil. In this foolproof. Gasoline is released to the public water supplies. (Ref. 27) The study, 27 heating oil release sites environment every day; these releases study was designed to be statistically resulted in MTBE contamination of can be expected to continue and MTBE, representative of the entire State. MTBE groundwater with concentrations being more soluble and less was detected in 150 (15.8%) of the ranging from 1 to 4,100 µg/L. At the site biodegradable than BTEX, will move sampled household wells at a minimum with the highest concentration of MTBE more quickly and at higher reporting level of 0.1 µg/L, and 1.1% of in groundwater, MTBE was measured in concentrations than the other the wells contained MTBE levels the heating oil at a concentration of 14 components of gasoline, making its way exceeding 35 µg/L. The Maine report milligram/Liter (mg/L). to surface water and groundwater projected that approximately 1,400– Individual case studies suggest that, resources. This unit describes the major 5,200 private wells across the State depending on the hydrogeology of the sources of gasoline leaks, and could be contaminated at levels site, significant MTBE contamination of summarizes regulatory programs µ exceeding 35 g/L. For public water water supplies could occur and is costly applicable to them. systems sampled, 125 (16%) showed and time-consuming to remedy. The 1. Underground storage tanks. There detectable levels of MTBE, 48 (6.1%) large-scale studies indicate that MTBE are an estimated 760,000 USTs currently between 1 µg/L and 35 µg/L, and no releases have occurred in many places, in use for petroleum storage in the samples above 35 µg/L. with documented detections in public United States that are subject to In another study reported in 1998, the and private drinking water sources. regulation under Subtitle I of the American Water Works Service D. What are the Major Sources of MTBE Resource Conservation and Recovery Company collected data from drinking Act (RCRA), 42 U.S.C . 6991a-i. These water wells in 16 States. (Ref. 28) Forty- Contamination and How are They Currently Regulated? tanks have a storage capacity of four (2%) of 2,120 samples from 17 (4%) approximately 6 billion gallons. In of 450 wells tested positive for MTBE at As a large industrialized nation, the addition, there are approximately 3 to 4 µ United States produces, distributes, and a minimum reporting level of 0.2 g/L, million USTs storing fuel that are µ consumes extensive quantities of with the highest concentration at 8 g/ exempt from RCRA Subtitle I regulation gasoline, and much of that gasoline L. including: In a 1998 industry study of 700 contains MTBE. The DOE estimates that a. Farm and residential tanks of 1,100 service stations known to have released in 1998, over 126 billion gallons of gallons or less capacity holding motor gasoline, MTBE was detected at 83% of gasoline were sold in the United States fuel for noncommercial purposes. the sites, with about 43% of the sites (Ref. 32) RFG represented 41.5 billion b. Tanks storing heating oil used on having MTBE concentrations greater gallons of that total, with the vast µ the premises where it is stored. than 1,000 g/L. (Ref. 29) A large majority containing MTBE as the c. Tanks on or above the floor of percentage (76%) of station sites primary oxygenate. After production in underground areas, such as basements sampled in Florida showed MTBE the United States or import, gasoline or tunnels. contamination, even though Florida may travel through thousands of miles d. Septic tanks and systems for does not participate in the RFG or of pipelines, or be transported by truck, collecting storm water and wastewater. winter oxyfuel programs. It is assumed to any of roughly 10,000 terminals and e. Flow-through process tanks. that MTBE was used as an octane bulk stations. From there it may be f. Tanks of 110 gallons or less enhancer in gasoline released from distributed to one of 180,000 retail capacity. Florida service stations. outlets and fleet storage facilities, or to g. Emergency spill and overfill tanks. An EPA-supported survey of the 50 any of hundreds of thousands of above- Leaking USTs have been identified as States and District of Columbia in 1998 ground or underground tanks at farms, the likely sources of a number of the found that, of the 34 States that acquire industrial facilities, businesses, and more problematic releases of MTBE to MTBE data from leaking underground homes. Finally, gasoline is removed the environment, including releases that storage tank (LUST) sites, 27 (79%) from bulk storage into individualized have closed water supplies in Santa indicated that MTBE was present at storage units associated with such Monica and Glennville, California. In more than 20% of their sites, and 10 products as cars, trucks, boats, planes, California alone, the minimum number (29%) reported MTBE at more than 80% lawn mowers, brush cutters, and chain of MTBE point sources from leaking of their sites. (Ref. 30) The survey also saws. Residual gasoline in transport UST sites is estimated at greater than asked about contamination of drinking conduits may contaminate different 10,000. water wells. Of the 40 State programs types of fuels (e.g., home heating oil) In 1988, EPA issued regulations that responded, 25 (51%) had received that is transported through the same setting minimum standards for RCRA reports of private wells contaminated conduits at different times. Although Subtitle I-regulated UST systems. with MTBE. In addition, 19 (39%) of the this does not normally cause problems, Existing UST systems, those installed on programs reported public drinking it may explain why MTBE has been or before December 22, 1988, had until water wells contaminated with MTBE. found in releases of home heating oil December 22, 1998, to upgrade with Five of the States responding to the and other fuels. There are opportunities spill, overfill, and corrosion protection, survey reported that MTBE was detected for leaks wherever gasoline (or a properly close, or meet new tank in groundwater at LUST sites where the product containing gasoline) is stored, performance standards. Any UST product released was not gasoline. and there are opportunities for spills system installed after December 22, MTBE concentrations of greater than 20 whenever fuel is transported or 1988, had to meet new tank µg/L in groundwater had occurred as the transferred from one container to performance standards for spill, overfill,

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules 16101 and corrosion protection at the time of and CWA section 311 programs, EPA portion of the refined product in the installation. Based on reports received proposed in 1991 to exempt from SPCC pipelines. as of the end of September 1999, EPA requirements those completely buried In California, pipeline release data are estimates that approximately 85% of the tanks that are subject to RCRA Subtitle currently being compiled by the Office RCRA-regulated universe of UST I requirements. EPA expects to issue a of the State Fire Marshal, which systems currently meet EPA’s upgrade final rule dealing with this and other regulates approximately 8,500 miles of or new tank requirements. By the end of modifications to the SPCC program later pipelines. Since 1981, there have been 2000, EPA expects that approximately in 2000. approximately 300 pipeline releases 90% of RCRA-regulated USTs will be in It is important to understand that within the State Fire Marshal’s compliance, leaving approximately even after USTs are in full compliance Jurisdiction. (Ref. 33) 70,000 substandard USTs. with the RCRA and CWA section 311 Pipelines are regulated by the DOT, The Federal regulations also require requirements, some releases are Research and Special Programs that UST systems have release detection expected to occur as a result of Administration (RSPA). Under authority equipment to identify releases to the improper installation or upgrading, of the Pipeline Safety Act of 1992, 49 environment. The regulations required improper operation and maintenance, U.S.C. 60101 et seq., DOT has that all owners and operators install and and accidents. established minimum safety standards properly operate a method of release 2. Above-ground storage tanks. EPA for pipelines carrying hazardous liquids, detection no later than 1993 based on regulates under the CWA section 311 including petroleum and petroleum the age of the UST system. While SPCC program approximately 440,000 products (49 CFR part 195). Under virtually all UST systems are equipped facilities with above-ground storage authority of CWA section 311, DOT also with leak detection equipment, they are tanks (ASTs) that are located so as to be requires response planning for pipelines not necessarily installed or operated reasonably expected to discharge oil to that, because of their location, could properly. Largely as a result of problems surface waters or adjoining shorelines. reasonably be expected to cause with proper operation of leak detection A facility is regulated if it has an AST substantial harm to the environment by equipment, EPA estimates that with a capacity of more than 660 discharging oil into or on the navigable approximately 60% of UST systems are gallons, or multiple ASTs with a water, adjoining shorelines, or the in compliance with the leak detection combined capacity of more than 1,320 exclusive economic zones (49 CFR part requirements. By the end of 2005, EPA gallons. ASTs are also subject to EPA’s 194). expects compliance with the leak more general requirements for the 4. Other releases. Releases from detection requirements will be 90%. reporting of oil spills to navigable automobile accidents, tank truck spills, EPA provides funding (through the waters, 40 CFR part 110, and EPA’s consumer disposal of ‘‘old’’ gasoline, Leaking Underground Storage Tank prohibition on the discharge to and spills during fueling operations Trust Fund) to States to oversee the navigable waters of oil in quantities that have been identified as sources of cleanup of releases from USTs. Since will: contamination of drinking water wells. the UST program began, approximately a. Violate applicable water quality The incidents in Maine, described in 400,000 releases from USTs have been standards. Unit III.C.1. are examples of how confirmed; of that number, b. Cause a sheen on the waters. relatively small spills can result in approximately 230,000 cleanups have c. Cause a sludge or emulsion to be contamination of nearby drinking water been completed. While not every State deposited beneath the surface of the supplies. Home heating oil storage tanks is testing for MTBE at UST release sites, water or adjoining shoreline (40 CFR have also been identified as potential those that do have found MTBE at most, 110.3). sources of MTBE contamination, as if not all, release sites. In response to a Despite EPA’s regulatory programs, MTBE might be present from mixing the recommendation by the Blue Ribbon almost 20,000 oil spills to navigable heating oil with small volumes of Panel (the Panel), EPA recently sent a water (from all sources, including tank gasoline in the bulk fuel distribution or memo to all State UST programs trucks, barges, etc.) are reported each tank truck delivery systems. Other data recommending that they monitor for year. About half, or 10,000 spills, occur on releases of this type are not available, and report MTBE in groundwater at all annually to the inland zone over which and EPA is not aware of any efforts leaking UST sites. EPA has jurisdiction, while the other currently underway to further Those facilities that have a total half occurs in the coastal zone over characterize these sources of MTBE underground oil storage capacity of which the Coast Guard exercises contamination. more than 42,000 gallons, and which are jurisdiction. EPA regulatory programs do not located such that they could reasonably 3. Pipelines. Excluding intrastate address small episodic releases of be expected to discharge oil into pipelines and small gathering lines gasoline unless they result in a navigable waters or adjoining associated with crude oil production discharge to surface waters. For those shorelines, are subject to EPA fields, there are approximately 160,000 releases, the spill must be reported, and requirements for the development of miles of liquids pipelines in the United the responsible party may be penalized Spill Prevention, Control and States. These pipelines transport for any violation of EPA’s oil discharge Countermeasure (SPCC) Plans pursuant approximately 525 billion gallons of prohibition. In the many cases involving to Clean Water Act (CWA) section crude oil and refined products annually. accidental spills, however, these 311(j)(1)(C). An SPCC plan is a detailed, The Department of Transportation requirements are not effective in facility-specific description of how the (DOT) estimates that, over a recent 5- preventing releases. facility will comply with EPA regulatory year period (1994–1998), an average of 5. Watercraft. Gasoline-powered requirements for secondary 29 gasoline spills occurred annually watercraft have contributed to the containment, facility drainage, dikes or from pipelines, with the total volume of contamination of lakes and reservoirs barriers, sump and collection systems, gasoline released from pipelines with MTBE. The two-stroke engines retention ponds, curbing, tank corrosion averaging 1.03 million gallons per year. commonly used for certain watercraft protection systems, and liquid level While there are little or no data on the can discharge up to 30% of each gallon devices (40 CFR 112.1–112.7). To avoid extent of MTBE releases from pipelines, of gasoline as unburned hydrocarbons. duplicative regulation under the RCRA MTBE is expected to be present in some (EPA issued a final rule to reduce the

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 16102 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules amount of air emissions from new percolate to groundwater, and thus which can either be disposed of or gasoline-powered watercraft and serves as a continuing source of low- ‘‘refreshed’’ by driving out the outboard motors which will be phased- level MTBE contamination of these contaminants (usually by heating). in beginning in 1998, and completed in potential drinking water sources. However, the relatively low sorption of the 2006 model year. This rule is also Clean Water Act NPDES permit MTBE to solid particles means that the expected to reduce the release of requirements apply to certain discharges GAC must be used in greater quantities, unburned hydrocarbons from new of storm water which may contain driving up treatment costs. As a engines into surface waters. This MTBE. Though many discharges of practical matter, therefore, MTBE- rulemaking published in the Federal storm water are not subject to permit contaminated groundwater is difficult Register of October 4, 1996 (61 FR requirements, NPDES permits are and costly to remediate. 52088) (FRL–5548–8), which applies required for industrial storm water only to new engines, will reduce discharges, discharges from municipal F. What Action did EPA’s Blue Ribbon hydrocarbon emissions by 75%. The separate storm sewer systems, and storm Panel Recommend? State of California requires that EPA’s water discharges specifically designated In November 1998, EPA established a new standards be fully implemented by by EPA or authorized NPDES States. the Panel to investigate air quality 2001). As described in Unit III.C.1., Although MTBE is not typically targeted benefits and water quality concerns concentrations of MTBE in lakes with in these permits, the best management associated with the use of oxygenates, significant recreational boating tend to practices and planning requirements including MTBE, in gasoline. The Panel peak in the boating season at levels that usually specified are likely to reduce was established under EPA’s Clean Air can be a concern for taste and odor, and MTBE discharges through storm water. Act Advisory Committee, a policy possibly human health, and decrease As this summary demonstrates, there committee established to advise EPA on fairly rapidly after the boating season are a number of programs in place to issues related to implementing the CAA has ended. Volatilization at the air/ minimize or mitigate the effects of Amendments of 1990. water surface is considered the gasoline releases. However, in light of The Panel members consisted of dominant mechanism for this removal the volume of gasoline used and the leading experts from the public health, process. myriad opportunities for leaks, spills, environmental and scientific Although most discharges of and accidents, substantial releases of communities, automotive and fuels pollutants from point sources (e.g., gasoline are likely to continue to occur industry, water utilities, and local and pipes and other discrete conveyances) to in the future. State governments. The Panel met six surface waters must be authorized under E. How Practical is it to Cleanup times from January to June 1999, with CWA section 402 by a National Drinking Water Supplies to Remove the charge to: Pollutant Discharge Elimination System MTBE? 1. Examine the role of oxygenates in (NPDES) permit, discharges from Because spills of conventional meeting the nation’s goal of clean air. properly functioning marine engines are 2. Evaluate each product’s efficiency currently subject to a regulatory gasoline typically move slowly through groundwater, and are biodegraded over in providing clean air benefits and the exemption from this requirement (40 existence of alternatives. CFR 122.3 (a)). time, many are left in place to undergo 6.Storm water runoff. Storm water bioremediation at no cost other than 3. Assess the behavior of oxygenates runoff becomes contaminated with temporarily replacing the water supply. in the environment. MTBE from the dissolution of residual However, MTBE moves rapidly with 4. Review any known health effects. MTBE from parking lots and roadways, groundwater, is not readily degraded in 5. Compare the cost of production and as well as from atmospheric washout the groundwater environment, and can use and each product’s availability— during precipitation events. The USGS render groundwater unpotable at low both at present and in the future. has characterized MTBE concentrations levels. Therefore, spills involving MTBE Further, the Panel studied the causes in runoff in many areas and has found require much more aggressive of groundwater and drinking water such contamination typically to be management and remediation than do contamination from motor vehicle fuels, lower than 2 ppb. (Ref. 34) The National spills of conventional gasoline. and explored prevention and cleanup Science and Technology Council’s 1997 MTBE’s chemical properties also technologies for water and soil. In Interagency Assessment of Oxygenated make it difficult or costly to remediate September 1999, the Panel released its Fuels Report describes storm water using conventional ‘‘active’’ processes. report, entitled Achieving Clean Air and runoff as exhibiting concentrations of Two common treatment techniques are Clean Water, The Report of the Blue 0.2–8.7 ppb in 7% of the samples tested air stripping and use of granular Ribbon Panel on Oxygenates in in 16 cities from 1991 to 1995. (Ref. 35) activated carbon (GAC). In air stripping, Gasoline. The Report is available in the Most detections in this study were in contaminated groundwater is passed docket to this ANPRM, and is also the Denver area, where implementation through an aeration tower that available on http://www.epa.gov/oms/ of the Wintertime Oxyfuel program effectively removes the chemicals from consumer/fuels/oxypanel.blueribb.htm. began in 1988. Based on predictive the water and releases it into the air. The Panel recommended a package of modeling, concentrations in rainwater Where necessary, the chemical is then reforms to ensure that water supplies (in µg/L) are expected to be equivalent removed from the air into a solid are better protected while the to the surrounding air concentrations (in medium that can be disposed of. MTBE substantial reductions in air pollution ppb, volume). MTBE air concentrations does not readily partition from water to that have resulted from RFG are tend to be less than 1 ppb in urban the vapor phase. Air stripping of MTBE maintained. The Panel enumerated 16 areas, leading to predicted rainwater is most effective when higher air to suggestions for Federal, State, and levels of 1 µg/L or less. However, water ratios, or higher temperatures are Congressional action, including the rainwater around localized areas of high used than would be required for other following: MTBE air concentrations (e.g., parking more volatile compounds. In a GAC • Recommended a comprehensive set garages) could contain correspondingly system, water is passed through one or of improvements to the nation’s water higher levels of MTBE. Storm water may more beds of carbon; contaminants in protection programs, including over 20 be discharged to surface water or the water are sorbed onto the carbon, specific actions to enhance UST, safe

VerDate 202000 19:56 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm01 PsN: 24MRP2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules 16103 drinking water, and private-well standard, allowing regulation where the magnitude of exposure of humans to protection programs. risks to health or the environment posed the substance. • Agreed broadly that use of MTBE by a particular activity or activities 2. The effects of such substance on the should be reduced substantially (with involving a chemical outweigh the environment and the magnitude of some members supporting its complete benefits associated with such activity or exposure of the environment to the phase out), and recommended action by activities. TSCA section 6 lists a number substance. Congress to clarify Federal and State of possible forms that such regulation 3. The benefits of such substance for authority to regulate and/or eliminate may take, including: various uses and the availability of the use of MTBE and other gasoline 1. Regulating the manufacturing, substitutes for such uses. additives that threaten drinking water processing, or distribution in commerce 4. The reasonably ascertainable supplies. of a chemical substance, including a economic consequences of the rule, after • Recommended that Congress act to complete ban of any such activity or consideration of the effect on the remove the current CAA requirement limiting the amounts of the chemical national economy, small business, that 2% of RFG, by weight, consist of substances that may be manufactured, technological innovation, the oxygen, to ensure that adequate fuel processed, or distributed in commerce. environment, and public health. TSCA section 6(c) also provides that supplies can be blended in a cost- 2. Regulating the manufacturing, if the Administrator determines that the effective manner while quickly reducing processing, or distribution in commerce risk of injury to health or the usage of MTBE. of a chemical substance for a particular environment could be eliminated or • Recommended that EPA take action use or uses, including banning any such reduced to a sufficient extent through to ensure that there is no loss of current activity for a particular use or uses of actions taken under another statute air quality benefits associated with the the chemical substance; limiting the administered by EPA, she may not use of MTBE. concentration of the chemical substance promulgate a rule under TSCA section While the Panel indicated that its that may be used in any such activity; recommendations should be 6 unless the Administrator finds, in her or limiting the amounts of the chemical discretion, that it is in the public implemented as a complete package, it substance that may be manufactured, also stated that ‘‘the majority of these interest to protect against such risk processed, or distributed in commerce under TSCA. In making this finding, the recommendations could be for such particular use or uses. implemented by Federal and State Administrator must consider all 3. Requiring that the chemical relevant aspects of the risk; a environmental agencies without further substance be accompanied by such legislative action, and we would urge comparison of the estimated costs of warning statements and/or instructions complying with actions taken under their rapid implementation.’’ for use with respect to its use, Although the Panel agreed broadly on TSCA and any other statute that distribution in commerce, and/or adequately addresses the risk; and the its recommendations, two members, disposal as the Administrator finds while in general agreement with the relative efficiency of actions under necessary. TSCA and such other statute to address Panel, had concerns with specific 4. Requiring manufacturers and/or provisions: The MTBE industry the risk. processors of a chemical substance to Any rulemaking under TSCA section representative disagreed with the make and retain such records of the 6 includes the opportunity for any recommendation to limit the use of manufacturing process as the interested person to request an informal MTBE, and the ethanol industry Administrator finds necessary and/or to hearing. Such hearings could be limited representative disagreed with the monitor or conduct tests which are to the right to present an oral statement, recommendation that the CAA reasonable and necessary to assure or could include the right to present and requirement that oxygenates be used in compliance with a rule under TSCA cross-examine witnesses if the RFG be eliminated. Some Panel section 6. Administrator determines that there are members believed that MTBE use 5. Prohibiting or regulating any disputed issues of material fact should be banned altogether. manner or method of commercial use of necessary to be resolved and that cross- EPA agrees with the concerns raised a chemical substance. in the report of the Panel regarding the examination of witnesses is both 6. Prohibiting or regulating the appropriate and required for full and continued use of MTBE as a fuel disposal of a chemical substance. additive, and will consider its true disclosure with respect to such 7. Requiring manufacturers or issues. recommendations further as it proceeds processors of a chemical substance to through a TSCA section 6 rulemaking to provide warnings to distributors or B. How Would EPA Apply TSCA Section limit or ban MTBE’s use in gasoline. users of the substance and to replace or 6 to Risks Associated with MTBE? IV. Section 6 of the Toxic Substances repurchase such substance. As discussed earlier, the use of MTBE Control Act TSCA section 6(a) directs the Agency as an additive in gasoline has resulted, to apply the least burdensome of the and if unchanged is likely to continue A. What is the Scope of TSCA Section identified regulatory options to the to result, in the widespread release of 6 Authority? extent necessary to mitigate the MTBE into the environment; MTBE is Section 6 of TSCA, 15 U.S.C. 2605, unreasonable risk. The statute also difficult to contain and prevent from provides EPA with broad authority to makes clear that the Agency may select reaching sources of drinking water once issue rules to regulate the manufacture, a combination of the options, and may it is released into the environment; and processing, distribution in commerce, limit the geographic application of a it has the potential to render drinking use, and/or disposal of chemical rule under TSCA section 6(a). water unpotable at low levels and substances in the United States where In promulgating any rule under TSCA unsafe at higher levels. EPA’s review of such regulation is necessary to prevent section 6(a), TSCA section 6(c) requires existing information on contamination unreasonable risks to health or the the Agency to publish a statement of drinking water resources by MTBE environment. The Agency and courts addressing: indicates substantial evidence of a have interpreted the ‘‘unreasonable 1. The effect of the chemical significant risk to the nation’s drinking risk’’ standard to be a risk-benefit substance being regulated on health and water supply. A comprehensive

VerDate 202000 19:56 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm01 PsN: 24MRP2 16104 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules approach to such risk must include in the United States, and the number of EPA will closely evaluate the likelihood consideration of either reducing or different possible avenues for release that compounds not currently used in eliminating the use of MTBE as a into the environment (including leaks significant quantities as oxygenates in gasoline additive. As a result, EPA is from storage tanks and pipelines; spills RFG might be widely used as initiating this process pursuant to the resulting from loading/unloading alternatives to MTBE, whether unreasonable risk provision under gasoline at tanks, gasoline pumps, or additional information on these TSCA section 6 to eliminate or greatly pipelines; spills resulting from compounds is necessary, and whether reduce the use of MTBE as a gasoline transportation accidents; un-combusted other measures are appropriate to assure additive. EPA is interested in comments gasoline from boat engines; emissions that an elimination or limitation of on both the risk and these possible from automobile exhaust), it may not be MTBE in gasoline does not result in the responses to it. In accordance with the practicable to prevent significant use of alternatives that might cause requirements of TSCA section 6, EPA quantities of MTBE from getting into similar risks to drinking water. It will consider whether there are other surface water or groundwater once the appears that eliminating or limiting the appropriate mechanisms to address the chemical is added to gasoline. Similarly, use of MTBE as a fuel additive will problems presented by the use of MTBE given the importance of groundwater as result in increased costs in producing as a gasoline additive. Thus, the a drinking water source in the United gasoline of approximately $1.9 billion outcome of this rulemaking could be a States and the large number of wells and per year if the oxygen mandate remains total ban on the use of MTBE as a groundwater sources that have been and in place. gasoline additive. Consistent with TSCA could be contaminated with MTBE and V. Alternative Gasoline Additives to section 6, EPA will carefully consider the costs and difficulties of cleaning MTBE regulatory alternatives to a ban. These contaminated drinking water sources, a could include limiting the amount of risk-mitigation strategy centering on In conducting a rulemaking under MTBE that could be used in gasoline, cleaning up water may not be the TSCA section 6, EPA must consider the limiting use of MTBE in particular preferred strategy under TSCA section 6 alternatives to MTBE. If the use of geographic areas or during particular for mitigating any unreasonable risks MTBE as a fuel additive is limited or times of year; limiting the types of associated with MTBE. Consequently, banned by EPA, refiners will have to facilities in which MTBE can be stored; EPA believes that a comprehensive look to other chemicals as substitutes. limiting the manner in which MTBE is approach must include consideration of To meet the oxygenate requirements of transported; etc. Any final outcome either reducing or eliminating the use of RFG, ethanol and other ethers are the must, however, provide adequate MTBE as a gasoline additive. most likely alternatives, while ethanol, protection against any unreasonable risk alkylates, and aromatics will most likely In conducting this rulemaking under associated with MTBE. replace MTBE as an octane enhancer. As part of a rulemaking under TSCA TSCA section 6, the Agency will also This unit assesses these chemicals and section 6, the Agency must also consider the costs and impacts of their potential to replace MTBE in consider whether action under another alternatives to MTBE. In oxygenated gasoline. statute administered by EPA, such as gasoline programs like Federal RFG, the A. What Oxygenates Other Than MTBE the CAA, RCRA, CWA, or SDWA, could most likely substitute based on current Could be Used to Meet RFG effectively address the risks posed by usage is ethanol. Other ether Requirements? MTBE and, if so, whether it is in the compounds are currently used as public interest to regulate the risk under oxygenates in small quantities. MTBE If the use of MTBE is limited or TSCA instead of such other statute. It is does not occupy as dominant a position banned and the CAA oxygenate worth noting in this regard that as an octane enhancer for conventional requirement remains in place, refiners although a number of Agency programs gasoline as it does as an oxygenate in will have to use a substitute oxygenate could address some of the risks posed RFG. Ethanol, alkylates, and aromatics to meet the RFG requirements. Ethanol by MTBE (such as, for example, the are alternative octane enhancers in and other ethers are the most likely regulation of USTs under RCRA), TSCA conventional gasoline. Although EPA is oxygenate alternatives. appears to provide the best tool for seeking more information on 1. Ethanol. Ethanol is an oxygenate assessing and addressing the risks posed alternatives to MTBE, EPA does not that is produced from agricultural by MTBE. expect ethanol, alkylates, or aromatics products such as corn. Ethanol and As part of the consideration of other to present the same magnitude of risk to MTBE have been the primary programs and identification of the least drinking water supplies as MTBE. oxygenates used to meet the RFG burdensome mechanism to provide Ethanol biodegrades more quickly than oxygen content requirements because of adequate protection against the risks of MTBE, and therefore is less likely to their availability, blendability, and MTBE, the Agency expects to consider contaminate drinking water as often as ability to deliver air quality benefits. a number of possible strategies for MTBE, or at the levels of MTBE. Ethanol is currently the primary mitigating those risks, including Alkylates and aromatics are expected to oxygenate in about 12.5% of RFG, and preventing MTBE in gasoline from behave in soil and water more like other it is the main oxygenate in the Midwest getting into groundwater, cleaning up components typically found in gasoline RFG areas. water contaminated with MTBE, and than MTBE; they too would be unlikely Despite its current use in RFG, removing MTBE from gasoline in whole to contaminate drinking water as often ethanol is not yet manufactured in or in part. While the Agency’s as MTBE or at the levels of MTBE. Other sufficient volume to meet total current assessment in this regard is preliminary ether compounds are not currently used national oxygenate demands. Current at this point, the available evidence widely as oxygenates, and the Agency U.S. ethanol production capacity is suggests that dealing with the problem does not have much data to characterize estimated at 120,000 b/d (barrels per before MTBE is added to gasoline may the risks they might pose to drinking day), which is equivalent in oxygen be the best solution for mitigating any water supplies. However, they are content to approximately 230,000 b/d of unreasonable risks associated with chemically similar to MTBE, and they MTBE. In order for ethanol alone to MTBE. Given the large quantities of may well move through soil and water fulfill the nationwide oxygen gasoline that are used and transported in ways and amounts similar to MTBE. requirement in all RFG and oxygenated

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules 16105 fuels areas, the Panel estimated that at separate from gasoline, ethanol is hypothetical modeling indicate that least an additional 67,000 b/d of ethanol usually blended at the distribution based on physical, chemical, and would be needed. Because of the higher terminal. Because ethanol is produced biological properties, ethanol will likely oxygen content of ethanol, a smaller primarily in the Midwest, though, it preferentially biodegrade in volume of ethanol (5.7%) needs to be must be transported to terminals by groundwater compared with other added to a gallon of RFG to satisfy the either an ethanol-only pipeline, rail, gasoline components. As a result, the CAA oxygen content requirement than marine or truck shipping or some levels of BTEX in water may decline MTBE (11% by volume). combination of these options. It is more slowly, and BTEX plumes may This shortfall in ethanol supply could possible that greater transportation extend further than they would without be fulfilled by a combination of connections between ethanol producers ethanol present. However, BTEX does increasing production capacity at and terminals will have to be not migrate as quickly as MTBE. Thus, existing facilities and by building new developed. The USDA study indicates even with the presence of ethanol, facilities. The ethanol industry that given a 3 to 5 year transition period, BTEX plumes would not be expected to estimates that the current expansion of there does not appear to be a travel as far as MTBE plumes. Although existing ethanol-from-corn production transportation impediment to the use of there are limited data regarding the facilities may increase production ethanol as a substitute for MTBE. (Ref. movement of ethanol and BTEX, a capacity by as much as 40,000 b/d. (Ref. 38) recent USGS report cites several 36) Additionally, the industry estimates Economic impacts are not likely to be examples of MTBE plumes migrating that new ethanol production facilities shared equally among petroleum further than BTEX plumes. (Ref. 42) At currently being planned could provide refiners/marketers. Each refinery some sites, MTBE has migrated much another 25,000 b/d. Ethanol production processes different types of crude, further than other common gasoline from biomass processing is currently supplies different mixes of products components and those long travel approximately 4,000 b/d. Thus, while (e.g., some refineries do not distances increase the probability that there is an insufficient supply of ethanol manufacture any RFG), and use widely MTBE will be detected in a drinking to meet current oxygenate demand, the varying technologies. Areas of the water well and that treatment may be ethanol industry projects that future country that rely heavily on MTBE as an required. ethanol production should be able to oxygenate will experience a more The health effects of ingested ethanol adequately meet the oxygenate demand pronounced economic effect in the have been extensively investigated. and replace MTBE given appropriate event of an oxygenate replacement or Given that ethanol is formed naturally time. The Department of Agriculture removal (e.g., Texas, California, and in the body at low levels, inhalation (USDA) has concluded that ethanol can Northeast RFG markets use MTBE, exposure to ethanol at the low levels fully meet all oxygenate requirements whereas the Chicago and Milwaukee that human are likely to be exposed are within 4 years. (Ref. 37) RFG markets use ethanol). In addition, generally not expected to result in Refiners that currently use MTBE in markets farthest from the Midwest may adverse health effects. (Ref. 43) meeting the oxygenate requirement experience a greater effect due to Ingestion of ethanol in relatively large would need to modify their operations increased transportation costs. quantities, increases the risks for several to produce an appropriate blendstock to The economic impact of using ethanol forms of human cancer. (Ref. 44) which ethanol can be added. Terminals, as an alternative to MTBE will be However, it is highly unlikely that the responsible for actually adding the reflected primarily in the price of public will be exposed to large ethanol to the gasoline, would also have gasoline. A 1999 study by the DOE quantities of ethanol from drinking to modify their facilities. For example, concluded that a phased elimination of water contamination. terminals would have to add storage MTBE as an additive for oxygenation in When used as an oxygenate, ethanol facilities for ethanol. Due to these initial RFG in 4 years would result in an blends of RFG achieve all Phase I goals logistical concerns, refiners have stated increase in the price of RFG of between of the RFG program. Ethanol is the that an immediate ban on MTBE could 2.4 cents per gallon and 3.9 cents per primary oxygenate in Chicago and have a negative impact on the nation’s gallon. (Ref. 39) A California Energy Milwaukee, and those areas have easily fuel supply. Commission (CEC) study estimated that exceeded all Phase I performance In addition to initial capital costs, use the price of gasoline in California would requirements for VOCs, NOX and air of ethanol as a replacement for MTBE increase anywhere from 1.9 cents per toxics. Thus, use of ethanol as an would have several long term impacts gallon to 2.5 cents per gallon in the long oxygenate nationwide would not appear on the price of gasoline. When added to term (6 years) if ethanol was substituted to compromise compliance with air gasoline, ethanol increases the Reid for MTBE. (Ref. 40) A Chevron/Tosco quality requirements; refiners seem able Vapor Pressure (RVP) of the gasoline by analysis estimated that gasoline prices to produce RFG using ethanol that about 1.0 pound per square inch. RVP in California would increase 1.9 cents complies with RFG emissions standards. is a measure of the gasoline’s volatility. per gallon in the long term (6 years) if The Panel did note, however, that An RVP increase results in an increase ethanol was substituted for MTBE. (Ref. Chicago and Milwaukee, while in emissions of VOCs from motor 41) exceeding the Phase I requirements, do vehicles. To compensate for this Pure ethanol is highly soluble in not appear to achieve as great a increase, and to reduce the risk of VOCs water, and hypothetically should travel reduction in air toxics as do other RFG evaporating into the air, refiners must in groundwater at about the same rate as areas. It is unclear whether MTBE is blend ethanol gasoline with a low-RVP MTBE. Ethanol is not expected to responsible for this greater reduction in blendstock. This low-RVP blendstock is persist in groundwater, though, because air toxics or other aspects of the more expensive to produce or purchase. it biodegrades easily. Thus, ethanol formulation. Starting in the year 2000, In order to make RFG with MTBE, itself does not appear to pose as great a all RFG areas will be subject to more refiners blend MTBE into gasoline. After danger to groundwater supplies as stringent standards for VOC, NOX and mixture, the RFG is transported to MTBE. toxics reductions, regardless of which distribution terminals by pipeline. Since Ethanol’s ability to biodegrade does oxygenate is used. ethanol is soluble in water, which is present another potential issue of 2. Other ethers. A variety of other commonly found in pipelines, and will concern. Laboratory data and ethers (ETBE, DIPE, TAME) are

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 16106 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules currently used in gasoline, though in conventional gasoline. Ethanol as an According to NESCAUM, increased limited quantities; these ethers provide additive is discussed in Unit V.A.1. use of alkylates in gasoline blends will approximately 5% of the oxygenate 1. Alkylates. Alkylates are a mix of not increase toxic emissions. (Ref. 47) used in RFG. These other ethers have high octane, low vapor pressure However, the available human and found only limited use because they are compounds that are produced from aquatic toxicity data on alkylates are more expensive than MTBE. For crude oil through a catalytic cracking limited. example, greater volumes of ETBE and process. Because of their desirable 2. Aromatics. Aromatics are TAME are necessary to achieve the properties, alkylates are popular hydrocarbons which can include 2.0% weight standard compared to components for use in gasoline. benzene, toluene, and xylene. Toluene MTBE. Use of ETBE also requires large In order for a refiner to use alkylates is the primary aromatic used for octane quantities of ethanol as feedstock. as an octane enhancer, the refiner must enhancing. NESCAUM estimates that Production supplies of other ethers are possess an alkylation unit. According to current toluene production capacity also limited. The current production an industry estimate, an alkylation unit may be sufficient to produce enough capacity in this country of TAME is can cost up to $80 million for a refinery toluene to replace MTBE by volume. approximately 23,000 b/d. Increasing that produces 10,000 b/d of alkylate. (Ref. 48) The aromatics are significantly ETBE production would require refitting (Ref. 46) Refiners that do not currently less likely to end up in drinking water MTBE plants, primarily in the Gulf use alkylates would have to make a sources in significant quantities after South. Transportation issues could be substantial initial capital investment in release to the environment than is similar to those involving increased use order to do so. In addition, refiners MTBE. of ethanol. CEC estimates that gasoline would need to adjust other component Aromatics contain compounds that prices will increase 2.4 cents per gallon streams to accommodate the change in are known to have a range of potential if ETBE is used to replace MTBE. (Ref. vapor pressure characteristics associated human health effects. Benzene is a 45) This estimate is specific to with a fuel containing high alkylate known human carcinogen, and xylene is California. content. a major contributor to smog. Toluene is Given their similarity to MTBE, other Supply of alkylates could be a key associated with some toxic by-products, ethers are likely to display similar economic consideration. There are though it is less toxic than benzene. chemical properties—high solubility in currently not enough domestic alkylates VI. Specific Requests for Comment, groundwater, poor sorption in soil, and available to make up for the loss in Data, and Information slower biodegradation compared to MTBE volume. While increasing Interested persons are invited to BTEX. MTBE has become a concern in alkylate production is possible, it comment on any issue raised in this large part because of its chemical appears that refiners in California have ANPRM. The Agency is particularly properties. MTBE can travel farther than limited possibilities for such an interested in receiving additional other gasoline constituents and can increase. Alkylate production on the information and/or comments create larger contamination plumes, East Coast and Gulf Coast also appears addressing the following issues: making it more likely to impact drinking to be close to capacity. Given this water supplies. Other ethers are likely to situation, it may take refiners some A. EPA Action demonstrate the same properties and number of years to modify facilities to As explained in this ANPRM, EPA is thus could well raise similar water produce enough alkylates to replace the initiating this process pursuant to TSCA contamination concerns as MTBE. No octane enhancement currently provided section 6 to consider eliminating or studies have been reported on the by MTBE. limiting the use of MTBE in gasoline. carcinogenicity of ETBE, TAME, or It is unclear, however, how much EPA requests comment (including TBA. alkylate is needed to replace MTBE as comments addressing the health, an octane enhancer. Only 12,000 b/d of B. What Compounds Other Than MTBE environmental, and/or cost MTBE are currently used for octane Could be Added to Gasoline to Boost implications) on: enhancement in conventional gasoline. Octane? 1. Whether some use of MTBE as a MTBE has a higher octane value than gasoline additive should be allowed to In addition to its use as an oxygenate, alkylates, and a simple linear continue and, if so, the level or type of MTBE is also used as an octane comparison of these values would use that should be allowed to continue? enhancer in conventional gasoline. conclude that 14,350 b/d of alkylates 2. How much lead time, if any, would However, while MTBE is the dominant would be necessary to replace MTBE. be necessary to enable refiners to oxygenate additive in RFG, it is not the This linear comparison would not take eliminate MTBE from RFG while predominant octane enhancing additive into account several factors important in continuing to meet the current levels of in conventional gasoline. More determining the amount of alkylates compliance with RFG standards for conventional gasoline contains ethanol used, such as the blend of gasoline. VOC, NOX, and toxic emissions without as an octane enhancer than contains Refineries can be expected to react in unacceptable impacts on the price or MTBE for that purpose. In 1997, different ways to these factors to supply of fuel? approximately 12,000 b/d of MTBE were maximize production and economic 3. How much lead time, if any, would used for octane enhancement purposes. feasibility and to meet performance be necessary to enable refiners to If MTBE is banned or its use as an standards. eliminate MTBE as an octane enhancer octane enhancer is limited, refineries Alkylates are less soluble in water, in conventional gasoline without will have to look to other alternatives to and they will not likely pose the same unacceptable impacts on the price or replace this source of octane. There are degree of risks to water resources as supply of fuel? a limited number of octane-rich MTBE. Alkylates would be expected to 4. Whether EPA should obtain components that refiners can choose to behave more like other components of additional information on, or reduce, produce needed octane. Ethanol, gasoline (BTEX) than like MTBE if eliminate, or cap the use of any other alkylates, and aromatics are the three released into the environment. Alkylates gasoline additives in addition to MTBE? most likely available alternatives to thus do not appear to pose a significant 5. Whether MTBE presents MTBE for use as an octane enhancer in threat to drinking water resources. significantly greater risk to public health

VerDate 202000 18:32 Mar 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\24MRP2.SGM pfrm04 PsN: 24MRP2 Federal Register / Vol. 65, No. 58 / Friday, March 24, 2000 / Proposed Rules 16107 and/or water quality than alternative information addressing the following content in gasoline, over 3 to 4 years, gasoline additives. would be helpful: resulting in a limit on MTBE content a. The basis for the belief that the equivalent to pre-RFG levels or levels B. Releases of Gasoline Containing substitute might replace MTBE in generally associated with the use of MTBE, Contamination of Water significant quantities. MTBE for purposes of octane Resource by MTBE, and Remediation b. The behavior of the substitute in Technologies enhancement. soil and water, with an emphasis on the 2. EPA is requesting comment 1. As explained in this ANPRM, the quantities of the substitute that might regarding any information that was not Agency identified numerous and find their way into drinking water considered by the Blue Ribbon Panel on widespread instances of MTBE sources if the substitute is added to the availability of alternative oxygenates contamination of groundwater. In order gasoline. and octane enhancers, the time it would to ensure that EPA has the most recent c. Toxicity, taste or odor properties, take for production of alternatives to and accurate data available, EPA current exposure levels, or any other meet national demand, and the potential requests information regarding incidents properties or considerations of the impacts on fuel supply and price. of both releases of gasoline containing substitute that may be relevant to a MTBE and the detection of MTBE in rulemaking under TSCA section 6. VII. References groundwater, surface waters, or drinking 2. EPA is interested in information 1. Moran, Michael J., Zogorski, John water supplies. Comments should based on actual releases of oxygenates S., and Squillance, Paul J. USGS. MTBE include, to the extent possible, the and other gasoline additives other than in Ground Water of the United States— amounts, locations, sources, and types MTBE to the environment; including Occurrence, Potential Sources, and Long of MTBE releases, and the levels and degree of contamination, the spread of Range Transport. Published in sources of water resource contamination any contaminant plumes, and the cost Proceedings of the 1999 Water from MTBE. and efficacy of the technologies Resources Conference. American Water 2. EPA is interested in additional available to remediate such Works Association. information concerning the toxicity of contamination. Comments should 2. USEPA, Office of Water. Drinking MTBE, the levels at which its taste or include, to the extent possible, the Water Advisory: Consumer odor can be detected in water, the levels amounts, locations, sources and types of Acceptability Advice and Health Effects at which its taste or odor makes water releases, and the levels and sources of Analysis on Methyl Tertiary-Butyl Ether unacceptable to consumers, and any water resource contamination from (MTBE). December 1997. other properties of MTBE that may be these oxygenates and additives, as well 3. Schirmer, Barker, J.F., Butler, B.J., relevant to a rulemaking under TSCA as from other gasoline constitutents. Church, C.D., and Schirmer, K., 1998, section 6. 3. EPA is interested in information Natural Attenuation of MTBE at the 3. EPA’s summary of current MTBE regarding any possible impacts on Bordon field site: in Wickramanayake, contamination problems suggests that health or the environment that might G.B., and Hinchee, R.E., Eds. Natural there is significant risk of additional result from the elimination or limitation Attenuation: Chlorinated and future contamination of water resources of use of MTBE as a gasoline additive Recalcitrant Compounds: The First by MTBE from gasoline. In order to and the use of alternative compounds in International Conference on more comprehensively characterize this MTBE’s place, including not only Remediation of Chlorinated and risk EPA is requesting comment whether alternative additives may have Recalcitrant Compounds. Monterey, regarding the likely future occurrence of a greater or lesser impact than MTBE on California. May 18–21, Battelle Press. MTBE contamination in groundwater, drinking water sources, but also Columbus, OH. pp. 327–331. surface water, and/or drinking water. whether increased use of such 4. Borden, R.C., Daniel, R.A., LeBrun, 4. EPA is requesting information alternatives might have other beneficial L.E. IV, and Davis, C.W. Intrinsic regarding the relative contribution of or negative consequences on human biodegradation of MTBE and BTEX in a different sources (such as USTs, spills, health or the environment (such as air gasoline-contaminated aquifer: Water storm water runoff, air deposition, and quality or water quality impacts). Resources Research. Vol. 33. No. 5. pp. marine engines) to present and future 1105–1115. 1997. MTBE contamination of groundwater, D. Economic Considerations 5. Alvarez, Pedro, et al. Health and surface water, and drinking water. 1. EPA is requesting comment on the Environmental Assessment of the Use of 5. EPA is requesting information cost impacts of an elimination or Ethanol as a Fuel Oxygenate. Potential regarding the cost and efficacy of limitation of MTBE in gasoline, in the Ground and Surface Water Impacts, The technologies for remediating soil and absence of a change in the RFG Effect of Ethanol on BTEX drinking water sources that have been requirements. EPA is particularly Biodegradation and Natural contaminated with MTBE. EPA is interested in comments that address: Attentuation. Vol. 4. pp. 3–12. particularly interested in examples of a. The cost implications of an December 1999. remediation efforts that have addressed immediate elimination of MTBE from 6. U.S. Energy Information MTBE contamination, and cost and gasoline nationwide. Administration. Petroleum Supply efficacy comparisons with remediation b. The cost implications of an Annual 1998. Vol. 1. Table S4. p. 17. efforts for other components of gasoline immediate nationwide limit on MTBE June 1999. (such as BTEX). content in gasoline to pre-RFG levels or 7. U.S. Energy Information levels generally associated with the use Administration (T. Litterdale and A. C. Alternatives to MTBE of MTBE for purposes of octane Bohn). Demand and Price Outlook for 1. EPA is requesting information on enhancement. Phase 2 Reformulated Gasoline, 2000. potential substitutes, including those c. The cost implications of a phase out pp. 7–8. April 1999. not identified in this ANPRM, that of MTBE from gasoline nationwide, 8. Prah, J.D., et al. Sensory, might replace MTBE either as an resulting in complete elimination in a Symptomatic, Inflammatory, and Ocular oxygenate in RFG or an octane enhancer period of 3 to 4 years or 5 to 6 years. Responses to and the Metabolism of in conventional gasoline. In addition to d. The cost implications of a Methyl Tertiary Butyl Ether in a identifying a potential substitute, any nationwide phase down of MTBE Controlled Human Exposure

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Experiment. Inhalation Toxicology. Environmental Science and Technology. Annual 1998. Vol. 1. Table S4. p. 17. 6:521–528. 32, 3666–3672. 1998. June 1999. 9. API. Odor Threshold Studies 22. Squillance, Paul, et al. A 33. The Report of the Blue Ribbon Performed with Gasoline and Gasoline Preliminary Assessment of the Panel on Oxygenates in Gasoline. combined with MTBE, ETBE, and Occurrence and Possible Sources of Achieving Clean Air and Clean Water. TAME. Washington DC. API #4592. MTBE in Ground Water of the United 34. Delzer, G.C., Zogorski, J.S., Lopes, 1993. States, 1993–1994. Environmental T.J., and Bosshart, R.L. Occurrence of 10. Oxygenated Fuels Association. Science and Technology. Vol. 30. No. 5. Gasoline Oxygenate MTBE and BTEX Technical Memorandum: Taste and pp. 1721–1730. 1996. Compounds in Urban Stormwater in the Odor Properties of Methyl Tertiary 23. Zogorski, John, et al. MTBE United States, 1991–1995. USGS Water- Butyl Ether and Implications for Setting Summary of Findings and Research by Resources Investigations Report. 96– a Secondary Maximum Contaminant the U.S. Geological Survey. Proceedings 4145. 1996. Level. Prepared by Malcolm Pirnie. of the 1998 Annual Conference of the 35. Office of Science and Technology 1998. American Water Works Association. Policy, National Science and 11. CENR. 1997 Interagency 24. Moran, Michael J., Zogorski, John Technology Council. Interagency Assessment of Oxygenated Fuels. S., and Squillance, Paul J. USGS. MTBE Assessment of Oxygenated Fuels. June Committee on the Environment and in Ground Water of the United States— 1997. Natural Resources (CENR), Office of Occurrence, Potential Sources, and Long 36. Huggins, Jack. Submitted written Science and Technology Policy (OSTP), Range Transport. Published in comments on behalf of the Renewable National Science and Technology Proceedings of the 1999 Water Fuels Association at the April 1999 Center, (NSTC). June 1997. Resources Conference. American Water Meeting of the Blue Ribbon Panel on 12. USEPA, Office of Research and Works Association. Oxygenates in Gasoline. Development. 1994 Health Risk 25. Squillace, Paul, USGS. MTBE in 37. Letter from Agriculture Secretary Perspectives on Fuel Oxygenates. Report the Nation’s Ground Water, National Dan Glickman to Senator Tom Harkin, EPA/600R–94/217. Water—Quality Assessment (NAWQA) dated November 15, 1999. Attached 13. International Agency for Research Program Results, Presentation Before the Analysis entitled ‘‘Economic Analysis of on Cancer Monographs.Evaluation of Blue Ribbon Panel on Oxygenates in Replacing MTBE with Ethanol in the Methyl Tertiary Butyl Ether. Vol. 73. p. Gasoline. April 29, 1999. United States.’’ 26. USGS/USEPA Joint Study. 339. 1999 38. USDA. Economic Analysis of Preliminary Findings of the 12-State 14. National Institute of Replacing MTBE with Ethanol in the MTBE Drinking Water Retrospective. Environmental Health Sciences, 27. State of Maine Bureau of Health, United States. November 1999. National Toxicology Program. Summary Department of Human Services, Bureau 39. DOE. Estimating the Refining of RG1, RG2, and NTP Board of Waste Management & Remediation, Impacts of Revised Oxygenate Subcommittee Recommendations for the Department of Environmental Requirements for Gasoline: Follow-up Report on Carcinogens. Ninth Protection, Maine Geological Survey, Findings. May 1999. Edition.1998. and the Department of Conservation. 40. California Energy Commission. 15. Office of Science and Technology Maine MTBE Drinking Water Study, Supply and Cost Alternatives to MTBE Policy, National Science and The Presence of MTBE and other in Gasoline. October 1998. Technology Council. Interagency Gasoline Compounds in Maine’s 41. MathPro. Potential Economic Assessment of Oxygenated Fuels. June Drinking Water—Preliminary Report. Benefits of the Feinstein-Bilbray Bill. 1997. 1998. March 18, 1999. 16. National Research Council (NRC). 28. Siddiqui, Mohamed, et al. 42. Moran, Michael J., Zogorski, John Toxicological and Performance Aspects Occurrence of Perchlorate and Methyl S., and Squillance, Paul J. USGS. MTBE of Oxygenated Motor Vehicle Fuels. Tertiary Butyl Ether (MTBE) in Ground in Ground Water of the United States June 1996. Water of the American Water System. Occurrence, Potential Sources, and Long 17. The Alliance for Proper Gasoline American Water Works Service Range Transport, Published in Handling. http://www.gas-care.org. New Company Inc. September 30, 1998. Proceedings of the 1999 Water Alliance Launches Consumer ‘‘Gas 29. Buscheck, T. E., Gallagher, D. J., Resources Conference. American Water Care’’ Campaign to Prevent Small Kuehne, D. L., Zuspan, C. R. Occurrence Works Association. Gasoline Spills. Press Release dated, and Behavior of MTBE in Groundwater. 43. Blue Ribbon Panel. Achieving July 27, 1999. Presented at: Underground Storage Tank Clean Air and Clean Water. The Report 18. Hunter, B., et al. Impact of Small Conference: ’98 & Beyond. Los Angeles, of the Blue Ribbon Panel on Oxygenates Gasoline Spills on Groundwater, CA. Sacramento, CA. State of California in Gasoline. p. 85. September 1999. preliminary report abstract presented at Water Resources Control Board. April 44. Office of Science and Technology the Maine Water Conference Meeting, 1998. Policy, National Science and April 1999, and NESCAUM, RFG/MTBE 30. Hitzig, Robert, et al. Study Reports Technology Council. Interagency Findings and Recommendations. LUST Programs Are Feeling Effects of Assessment of Oxygenated Fuels. June Boston, MA. August 1999. MTBE Releases. Soil and Ground Water 1997. 19. NESCAUM, RFG/MTBE Findings Clean-Up. pp. 15–19. August-September 45. California Energy Commission. and Recommendations. Boston, MA. p. 1998. Supply and Cost Alternatives to MTBE 4. August 1999. 31. Robbins, G.A., Henebry, B.J., in Gasoline. October 1998. 20. NESCAUM, RFG/MTBE Findings Schmitt, B.M., Bartolomeo, F.B., Green, 46. Estimate provided by industry and Recommendations. Boston, MA. A., and Zack, P. Evidence for MTBE in representative via personal August 1999. Heating Oil. Groundwater Monitoring communication Sheldon Thompson, 21. Reuter, J. E., et al. Concentrations, and Remediation. Vol. 19. No.2. pp.65– Senior Vice President and Chief Sources and Fate of the Gasoline 69. 1999. Administrative Officer, Sunoco, Inc. via Oxygenate Methyl Ter-Butyl Ether 32. U.S. Energy Information telephone communication and inquiry. (MTBE) in a Multiple-Use Lake. Administration. Petroleum Supply February 2000.

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47. NESCAUM, RFG/MTBE Findings various levels of government.’’ Under this point, that the potential action and Recommendations. Boston, MA. Executive Order 13132, EPA may not discussed in this ANPRM will have a August 1999. issue a regulation that has federalism significant economic impact on small 48. NESCAUM, RFG/MTBE Findings implications, that imposes substantial business. Comments on the potential and Recommendations. Boston, MA. direct compliance costs, and that is not economic impact of such an action on August 1999. required by statute, unless the Federal small businesses will help the Agency VIII. Regulatory Assessment government provides the funds meet its obligations under the RFA, as Requirements necessary to pay the direct compliance amended by SBREFA, and will provide costs incurred by State and local information to assist the Agency in its A. Executive Order 12866 governments, or EPA consults with efforts to minimize any significant Under Executive Order 12866 (58 FR State and local officials early in the economic impact of such an action for 51735, October 4, 1993), the EPA must process of developing the proposed potentially affected small businesses. regulation. The EPA also may not issue determine whether a regulatory action is D. Children’s Health Protection ‘‘significant’’ and therefore subject to a regulation that has federalism Office of Management and Budget implications and that preempts State Executive Order 13045, entitled (OMB) review and the requirements of law unless the EPA consults with State ‘‘Protection of Children from the Executive Order. The Executive and local officials early in the process Environmental Health Risks and Safety Order defines ‘‘significant regulatory of developing the proposed regulation. Risks’’ (62 FR 19885, April 23, 1997) action’’ as one that is likely to result in If EPA complies by consulting, applies to any rule that: a rule that may: Executive Order 13132 requires EPA to 1. Is determined to be ‘‘economically 1. Have an annual effect on the provide to OMB, in a separately significant’’ as defined under E.O. economy of $100 million or more, or identified unit of the preamble to the 12866. adversely affects in a material way the rule, a federalism summary impact 2. Concerns an environmental health economy, a sector of the economy, statement. The federalism summary or safety risk that EPA has reason to productivity, competition, jobs, the impact statement must include a believe may have a disproportionate environment, public health or safety, or description of the extent of EPA’s prior effect on children. State, local, or tribal governments or consultation with State and local If the regulatory action meets both communities; officials, a summary of the nature of criteria, the Agency must evaluate the 2. Creates a serious inconsistency or their concerns and the EPA’s position environmental health or safety effects of otherwise interferes with an action supporting the need to issue the the planned rule on children, and taken or planned by another agency; regulation, and a statement of the extent explain why the planned regulation is 3. Materially alters the budgetary to which the concerns of State and local preferable to other potentially effective impact of entitlements, grants, user fees, officials have been met. Also, when EPA and reasonably feasible alternatives or loan programs or the rights and transmits a draft final rule with considered by the Agency. obligations of recipients thereof; or federalism implications to OMB for While E.O. 13045 does not require 4. Raises novel legal or policy issues review pursuant to Executive Order EPA to evaluate the health or safety arising out of legal mandates, the 12866, EPA must include a certification risks of actions discussed in an ANPRM, President’s priorities, or the principles from the agency’s Federalism Official the Agency is, nonetheless, soliciting set forth in the Executive Order. stating that EPA has met the comment on such risks. The potential A draft of this ANPRM was reviewed requirements of Executive Order 13132 action discussed in this ANPRM might by OMB prior to publication, as in a meaningful and timely manner. involve issues related to health or safety required by E.O. 12866. Any changes EPA has determined that the risks. To the extent that this is the case, made in response to OMB suggestions or requirements of Executive Order 13132 the potential action would be intended recommendations will be documented do not apply to this ANPRM, and to minimize or eliminate any such risks in the public record. therefore the Executive Order does not for all people who utilize groundwater apply to this ANPRM. B. Federalism resources, including children. We C. Small Business Concerns request comment on whether there are Executive Order 13132, entitled health or safety considerations related to ‘‘Federalism’’ (64 FR 43255, August 10, Section 603 of the Regulatory the potential action discussed in this 1999), requires EPA to develop an Flexibility Act (RFA), 5 U.S.C. 601 et ANPRM that may disproportionately accountable process to ensure seq., as amended by the Small Business affect children. ‘‘meaningful and timely input by State Regulatory Enforcement Fairness Act and local officials in the development of (SBREFA) of 1996, Public Law 104–121, List of Subjects in 40 CFR Part 755 regulatory policies that have federalism requires the Administrator to assess the Environmental protection, Air implications.’’ ‘‘Policies that have economic impact of proposed rules on pollution, Fuel additives, Hazardous federalism implications’’ is defined in small entities, including small substances, Water resources. the Executive Order to include businesses. The Agency accordingly regulations that have ‘‘substantial direct requests comment on the potential Dated: March 20, 2000. effects on the States, on the relationship economic impact on small business of Carol M. Browner, between the national government and the limitation or elimination of MTBE as Administrator. the States, or on the distribution of an oxygenate or octane enhancer in [FR Doc. 00–7323 Filed 3–21–00; 2:11 pm] power and responsibilities among the gasoline. EPA does not anticipate, at BILLING CODE 6560±50±F

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Part VIII

Department of Transportation Federal Aviation Administration

14 CFR Part 91 Removal of the Prohibition Against Certain Flights Within the Territory and Airspace of Serbia-Montenegro; Final Rule

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DEPARTMENT OF TRANSPORTATION Any person may obtain a copy of this Montenegro no longer exists. The FAA document by submitting a request to the has determined that the territory of Federal Aviation Administration Federal Aviation Administration, Office Serbia-Montenegro can be safely of Rulemaking, ARM–1, 800 overflown by civil aircraft. 14 CFR Part 91 Independence Ave., SW, Wasington, DC Regulatory Analyses [Docket No. 29508; Special Federal Aviation 20591, or by calling (202) 267–9680. Regulation (SFAR) No. 84] Communications must identify the The FAA has determined that this docket number of this action. action is not a ‘‘significant regulatory Removal of the Prohibition Against Persons interested in being placed on action’’ under Executive Order 12866, Certain Flights Within the Territory and the mailing list for future rules should nor is it considered a ‘‘significant rule’’ Airspace of Serbia-Montenegro request from the above office a copy of under DOT Regulatory Policies and Advisory Circular No. 11–2A, Notice of Procedures (44 FR 11034; February 26, AGENCY: Federal Aviation Proposed Rulemaking Distribution 1979). Because this amendment removes Administration (FAA), DOT. System, which describes the application a restriction that is no longer warranted, ACTION: Final rule; removal. procedure. the FAA finds that notice and public procedure under 5 U.S.C. 553(b) are SUMMARY: This action removes Special Small Entity Inquiries unnecessary. The FAA also certifies that Federal Aviation Regulation (SFAR) No. The Small Business Regulatory this rule will not have a significant 84, which prohibit flight operations Enforcement Fairness Act (SBREFA) of economic impact, positive or negative, within the territory and airspace of 1996 requires the FAA to comply with on a substantial number of small entities Serbia-Montenegro by any United States small entity requests for information or under the criteria of the Regulatory air carrier or commercial operator, by advice about compliance with statutes Flexibility Act. any person exercising the privileges of and regulations within its jurisdiction. an airman certificate issued by the FAA Therefore, any small entity that has a Therefore, on the basis of the except persons operating U.S.-registered question regarding this document may foregoing information, I have aircraft for foreign air carriers, or by an contact their local FAA official. Internet determined that the immediate removal operator using an aircraft registered in users can find additional information on of SFAR 84 from 14 CFR Part 91 is the United States unless the operator of SBREFA on the FAA’s web page at appropriate. The Department of State such aircraft is a foreign air carrier. This http://www.faa.gov/avr/arm/sbrefa.htm has been advised of, and has no action is taken because the North and may send electronic inquiries to the objection to, this action. Atlantic Treaty Organization (NATO) following Internet address: 9–AWA– List of Subjects in 14 CFR Part 91 has ceased air strikes against Serb forces [email protected]. Air traffic control, Aircraft, Airmen, in Serbia-Montenegro, which has Background reduced the threat of hostile actions Airports, Aviation safety, Freight, against persons and aircraft engaged in From March 21, 1999, through June Serbia-Montenegro. 10, 1999, NATO conducted air strikes flight operations within the airspace of The Amendment Serbia-Montenegro. against Serb military forces in Serbia- Montenegro. As a result, the FAA EFFECTIVE DATE: March 24, 2000. For the reasons set forth above, the determined that the potential for hostile Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: action against U.S. civil aircraft amends Part 91 of chapter I of title 14, David Catey, Air Transportation operating over the territory of Serbia- of the Code of Federal Regulations by Division, Flight Standards Service, Montenegro warranted a prohibition of removing SFAR 84 as follows: Federal Aviation Administration, 800 flight in that region. Accordingly, in Independence Avenue, SW, exercising its statutory safety authority, PART 91ÐGENERAL OPERATING AND Washington, DC 20591. Telephone: the FAA issued a final rule prohibiting FLIGHT RULES (202) 267–8166. certain U.S. civil aircraft operations SUPPLEMENTARY INFORMATION: within the territory and airspace of 1. The authority citation for part 91 Serbia-Montenegro. SFAR No. 84 continues to read as follows: Availability of This Action prohibits flight operations within the Authority: 49 U.S.C. 106(g), 40103, 40113, An electronic copy of this document territory and airspace of Serbia- 40120, 44101, 44111, 44701, 44709, 44711, may be downloaded, using a modem Montenegro by any United States air 44712, 44715, 44716, 44717, 44722, 46306, and suitable communications software, carrier or commercial operator, by any 46315, 46316, 46502, 46504, 46506, 46507– from the FAA regulations section of the person exercising the privileges of an 47122, 47508, 47528–47531. Fedworld electronic bulletin board airman certificate issued by the FAA, or PART 91 [AMENDED] service (telephone: (703) 321–3339) or by an operator using an aircraft the Government Printing Office’s (GPO) registered in the United States unless 2. Special Federal Aviation electronic bulletin board service the operator of such aircraft is a foreign Regulation No. 84 is removed. (telephone: (202) 512–1661). air carrier. Internet users may reach the FAA’s Following the cessation of NATO air Issued in Washington, DC, on March 21, web page at http://www.faa.gov/avr/ strikes on June 10, 1999, there has been 2000. arm/nprm/nprm.htm or the GPO’s web a reduction in tensions. As a result, the Jane F. Garvey, page at http://www.access. gpo.gov/nara FAA has determined that the risk of Administrator. for access to recently published hostile military action against civil [FR Doc. 00–7340 Filed 3–23–00; 8:45 am] rulemaking documents. aircraft by armed elements in Serbia- BILLING CODE 4910±13±M

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Part IX

Department of Transportation Federal Aviation Administration

14 CFR Part 91 Special Visual Flight Rules; Final Rule

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DEPARTMENT OF TRANSPORTATION Aviation Rulemaking Advisory service (telephone (703) 321–3339), the Committee (ARAC) with no dissenting Government Printing Office’s electronic Federal Aviation Administration opinions. In addition, the FAA believes bulletin board service (telephone (202) that the amendment will be well 512–1661). 14 CFR Part 91 received by the public. Internet users may reach the FAA’s [Docket No. FAA±2000±7110; Amdt; No. 91± Unless a written adverse or negative web page at http://www.faa.gov/avr/ 262] comment or a written notice of intent to arm/nprm/nprm.htm or the Government submit an adverse or negative comment Printing Office’s web page at http:// RIN 2120±AG94 is received on this direct final rule www.access.gpo.gov/nara for access to within the comment period, the recently published rulemaking Special Visual Flight Rules regulation will become effective on the documents. This direct final rule also AGENCY: Federal Aviation date specified. After the close of the may be accessed on the DMS at the Administration (FAA), DOT. comment period, the FAA will publish electronic address listed in the ACTION: Direct final rule; request for a document in the Federal Register ADDRESSES section above. comments. indicating that no adverse or negative Any person may obtain a copy of this comments were received and document by submitting a request to the SUMMARY: This action amends the confirming the date on which the final Federal Aviation Administration, Office language regarding aircraft operating in rule will become effective. of Rulemaking, ARM–1, 800 accordance with Special Visual Flight If the FAA does received, within the Independence Avenue SW, Washington, Rules (SVFR). Specifically, this action comment period, an adverse or negative DC 20591, or by calling (202) 267–9680. will permit a general aviation pilot at a comment, or written notice of intent to Communications must identify the satellite airport where weather reporting submit such a comment, a document amendment number of docket number is not available, to depart in withdrawing the direct final rule will be of this final rule. meteorological conditions less than published in the Federal Register, and Persons interested in being placed on basic Visual Flight Rules (VFR) weather a notice of proposed rulemaking the mailing list for future rulemaking minimums provided that the pilot (NPRM) may be published with a new documents should request from the determines that he has the requisite comment period. above office a copy of Advisory Circular No. 11–2A, Notice of Proposed flight visibility. The FAA is taking this Comments Invited action to reduce the number of Rulemaking Distribution System, which unnecessary flight delays being faced by Although this action is in the form of describes the application procedure. a final rule and was not preceded by an general aviation aircraft while providing Small Entity Inquiries an equivalent level of safety. NPRM, comments are invited on this document. Interested persons are The Small Business Regulatory DATES: Effective May 23, 2000. Comments must be received by April invited to participate in this action by Enforcement Fairness Act (SBREFA) of 24, 2000. submitting such written data, views, or 1996, requires the FAA to comply with arguments as they may desire. small entity requests for information or ADDRESSES: Comments on this Comments relating to the advice about compliance with statues document should be mailed or environmental, energy, federalism, or and regulations within its jurisdiction. delivered, in duplicate, to: United States economic impact that might result from Therefore, any small entity that has a Department of Transportation Dockets, adopting the proposals in this document question regarding this document may Docket No. FAA–2000–7110, 400 also are invited. Substantive comments contact their local FAA official. Internet Seventh Street, SW., Room Plaza 401, should be accompanied by cost users can find additional information on Washington, DC 20590. Comments may estimates. Comments must identify the SBREFA in the ‘‘Quick Jump’’ section of be filed and examined in Room Plaza regulatory docket or notice number and the FAA’s web page at http:// 401 between 10 a.m. and 5 p.m. be submitted in duplicate to the Rules www.faa.gov/avr/arm/sbrefa.htm and weekdays, except Federal holidays. Docket address specified above. may send electronic inquiries to the Comments also may be sent All comments received, as well as a following Internet address: 9–AWA– electronically to the Dockets report summarizing each substantive [email protected]. Management System (DMS) at the public comment contact with FAA Background following Internet address: http:// personnel on this rulemaking, will be dms.dot.gov/. Commenters who wish to filed in the docket. The docket is The current language of §§ 91.155 and file comments electronically should available for public inspection before 91.157 have causes confusion as to the follow the instruction on the DMS web and after the comment closing date. application of VFR weather minimums site. Commenters wishing the FAA to in controlled airspace at satellite FOR FURTHER INFORMATION CONTACT: Avis acknowledge receipt of their comments airports, and prompted numerous P. Person, Airspace and Rules Division submitted in response to this document inquiries and requests for clarification. (ATA–400), Air Traffic Airspace must include a pre-addressed, stamped In particular, concerns have been raised Management Program, Federal Aviation postcard with those comments on which as to whether the ceiling at a satellite Administration, 800 Independence the following statement is made: airport can be determined by a pilot on Avenue, SW., Washington, DC 20591; ‘‘Comments to Docket No. [FAA–2000– the ground in takeoff position. telephone number (202) 267–8783. 7110].’’ The postcard will be date On January 9, 1995, the FAA SUPPLEMENTARY INFORMATION: stamped and mailed to the commenter. requested that the Aviation Rulemaking Advisory Committee on Air Traffic Direct Final Rule Procedure Availability of Final Rules Issues (ARAC) review §§ 91.155 and The FAA anticipates that this An electronic copy of this document 91.157 and recommend language that regulation will not result in adverse or may be downloaded using a modem and would be more easily understood by the negative comments; therefore, the FAA suitable communications software from aviation community. In response, the is issuing it as a direct final rule. The the FAA regulations section of the ARAC established a working group amendment was recommended by the FedWorld electronic bulletin board composed of representatives from the

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Air Traffic Control Association, Inc. section 1.1 and must be determined by each Federal agency shall propose or (ATCA), the Aircraft Owners and Pilots a pilot from the cockpit while an aircraft adopt a regulation only upon a reasoned Association (AOPA), the Experimental is airborne. The current rules do not determination that the benefits of the Aircraft Association (EAA), the permit flight visibility to be determined intended regulation justify its costs. Helicopter Association International by a pilot on the ground. Second, the Regulatory Flexibility Act (HAI), and the National Business requires agencies to analyze the Discussion of the Recommendation Aviation Association (NBAA) to review economic effect of regulatory changes this matter. As a result of this review of The ARAC working group on small businesses and other small §§ 91.155 and 91.157, the working group recommended that the FAA permit entities. Third, the Office of concluded that misunderstandings those general aviation pilots operating Management and Budget directs occur when applying the visibility in accordance with part 91 to determine agencies to assess the effect of minimums on the ground for SVFR whether visibility minimums exist for regulatory changes on international operations from a satellite airport. The SVFR departure at satellite airports trade. In conducting these analyses, the ARAC recommended that the FAA when weather reporting capabilities do FAA has determined that this direct resolve the problem by permitting part not exist at the satellite airport. The final rule: (1) will generate benefits that 91 general aviation pilots in takeoff working group rationale is that there is justify its costs and is not a ‘‘significant position to determine whether visibility little difference between a pilot’s ability regulatory action’’ as defined in the minimums exist for SVFR departure at to determine visibility in flight versus Executive Order; (2) is not significant as satellite airports when weather on the ground. defined in the Department of reporting is not available at the satellite The FAA has reviewed and accepted Transportation’s Regulatory Policies and airport. the ARAC recommendation. Thus, the Procedures; (3) will not have a A satellite airport, is an airport that FAA is amending § 91.157 to allow significant impact on a substantial exists within the same airspace area as pilots to determined if visibility number of small entities; (4) will not the primary airport that determines the minimums exist on the ground for SVFR constitute a barrier to international airspace designation. SVFR operations departure provided the following trade; and (5) will not contain any are aircraft operating in accordance with conditions are satisfied: 1) the flight is Federal intergovernmental or private clearances within controlled airspace in conducted under part 91; and 2) the sector mandates. These analyses are meteorological conditions less than the airport at which the aircraft is located is presented here in the preamble. basic VFR weather minimums. a satellite airport that does not have This direct final rule allows pilots Under current rules, an SVFR weather reporting capabilities. The who are on the ground (in controlled air clearance must be requested and pilot’s visibility determination on the space at satellite airports) to determine approved by the nearest air traffic ground for SVFR departure is not an whether visibility conditions meet or control (ATC) facility to operate within official ground visibility report since the exceed the minimums necessary to a Class B, C, D, or E surface area when pilot’s report is not equivalent to that of allow flight departure under special the weather does not meet VFR flight an official weather observer. visual flight rules (SVFR) when these weather minimums. This clearance Consequently, the rule expands the term allows operations below 10,000 feet satellite airports do not have weather ‘‘flight visibility’’ as opposed to ‘ground reporting capabilities. Previously, if mean sea level (MSL) within the lateral visibility’’ but limits that expansion to boundaries of a controlled airspace satellite airports were experiencing SVFR departure under § 91.157. weather conditions that would have surface area, with limited exceptions, This action is intended to reduce provided the following conditions are permitted takeoff under SVFR, but the unnecessary delays for part 91 weather at the primary airport was not satisfied: (1) the pilot receives a operations and clarify the appropriate clearance from ATC; (2) the pilot favorable, the pilot was required to means of determining visibility delay departure until either the weather remains clear of clouds; (3) SVFR minimums for SVFR departure from operations are conducted only between conditions improved at the primary satellite airports when that airport does airport or the pilot received a flight sunrise and sunset; and (4) the ground not have weather reporting capabilities. visibility report indicates that at least 1 visibility report indicating at least 1 statute mile of visibility exists. If ground Paperwork Reduction Act statute mile of visibility. This direct final rule will clarify the language visibility is not reported, flight visibility In accordance with the Paperwork regarding departure under SVFR and must be determined to be at least 1 Reduction of 1995 (44 U.S.C. 3507(d), reduce the number of unnecessary flight statute mile. there are no requirements for delays while providing an equivalent Ground visibility is defined in 14 CFR information collection associated with level of safety. section 1.1 as the ‘‘prevailing horizontal this rule. visibility near the Earth’s surface as The direct final rule is expected to reported by the United States Weather International Compatibility impose no costs on the FAA or airspace Service or an accredited observer.’’ The FAA has reviewed corresponding users since no additional resources will Because ground visibility is considered International Civil Aviation be needed to implement this rule. In an official report, pilots and air traffic Organization international standards fact, the direct final rule may reduce the controllers are more likely to rely on a and recommended practices and Joint unnecessary number of flight delays, ground visibility report than a flight Aviation Authorities regulations, where however, information is not available to visibility report which is reported by a they exist, and has identified no calculate this number. The FAA pilot. But in the absence of a ground differences in these proposed contends that safety will not be visibility report, § 91.157(c)(2) currently amendments and the foreign adversely affected as a result of this allows a pilot departing under SVFR to regulations. rulemaking. rely on a flight visibility report, which In view of the fact that this direct final may have been reported by a pilot in Regulatory Evaluation Summary rule will result in potential cost-savings, flight who is not required to be an Changes to Federal Regulations must while maintaining an equivalent level of official weather observer. Flight undergo several economic analyses. safety, the FAA has determined that his visibility is also defined in 14 CFR First, Executive Order 12866 directs that direct final rule will be cost-beneficial.

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Final Regulatory Flexibility Executive Order 13132, Federalism. It regulatory action’’ under section 3(F) of Determination has determined that this action will not Executive Order 12866 and, therefore, The Regulatory Flexibility Act of 1980 have a substantial direct effect on the its not subject to review by the Office of establishes ‘‘as a principle of regulatory States, on the relationship between the Management and Budget; (2) is not a issuance that agencies shall endeavor, national Government and the States, or ‘‘significant rule’’ under Department of consistent with the objective of the rule on the distribution of power and Transportation Regulatory Policies and and of applicable statues, to fit responsibilities among the various Procedures (44 FR 11034, February 26, regulatory and informational levels of government. Therefore, the 1979; and (3) if promulgated, will not requirements to the scale of the FAA has determined that this direct have a significant economic impact, business, organizations, and final rule does not have federalism positive or negative, on a substantial governmental jurisdictions subject to implications. number of small entities under the regulation.’’ To achieve that principle, Unfunded Mandates Reform Act criteria of the Regulatory Flexibility Act. the Act requires agencies to solicit and Title II of the Unfunded Mandates List of Subjects in 14 CFR Part 91 consider flexible regulatory proposals Reform Act of 1995 (the Act), enacted as and to explain the rational for their Air Traffic Control, Aircraft, Public Law 104–4 on March 22, 1995, actions. The Act covers a wide-range of Airplanes, Airports, Airspace, Weather. requires each Federal agency, to the small entities, including small extent permitted by law, to prepare a The Amendment businesses, not-for-profit organizations written assessment of the effects of any and small governmental jurisdictions. Federal mandate in a proposed or final In consideration of the foregoing, the Agencies must perform a review to Federal Aviation Administration determine whether a proposed or final agency rule that may result in the expenditure of $100 million or more amends part 91 of Title 14, Code of rule will have a significant economic Federal Regulations as follows: impact on a substantial number of small (when adjusted annually for inflation) entities. If the determination is that it in any one year by State, local, and PART 91ÐAIR TRAFFIC AND will, the agency must prepare a tribal governments in the aggregate, or GENERAL OPERATING RULES regulatory flexibility analysis (RFA) as by the private sector. Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the described in the Act. 1. The authority citation for part 91 Federal agency to develop an effective However, if an agency determines that continues to read as follows: a proposed or final rule is not expected process to permit timely input by Authority: 49 U.S.C. 106(g), 40103, 40113, to have a significant economic impact elected officers (or their designees) of State, local, and tribal governments on 40120. 44101, 44701, 44709, 44711, 44712, on a substantial number of small 44715, 44716, 44717, 44722, 46306, 46315, entities, section 605(b) of the 1980 act a proposed ‘‘significant intergovernmental mandate.’’ A 46316, 46502, 46504, 46506, 47122, 47508, provides that the head of the agency and 47528–47531. may so certify and an RFA is not significant intergovernmental mandate’’ required. The certification must include under the Act is any provision in a 2. Section 91.157(c)(2) is revised and a statement providing the factual basis Federal agency regulation that would paragraph (d) is added to read as for this determination, and the impose an enforceable duty upon State, follows: reasoning should be clear. local, and tribal governments in the The FAA has conducted the required aggregate of $100 million (adjusted § 91.157 Special VFR weather minimums. review of this direct final rule and has annually for inflation) in any one year. * * * * * determined that it will impose no costs Section 203 of the Act, 2 U.S.C. 1533, (c) * * * which supplements section 204(a), on the FAA or airspace users, and (2) If ground visibility is not reported, provides that, before establishing any therefore, will not have a significant unless flight visibility is at least 1 regulatory requirements that might economic impact on a substantial statute mile. For the purposes of this significantly or uniquely affect small number of small entities. Accordingly, paragraph, the term flight visibility governments, the agency shall have pursuant to the Regulatory Flexibility includes the visibility from the cockpit developed a plan, which, among other Act, 5 U.S.C. 605(b), the Federal of an aircraft in takeoff position if: Aviation Administration certifies that things, mut provide for notice to (i) The flight is conducted under this this direct final rule will not have a potentially affected small governments, part 91; and significant impact on a substantial if any, and for a meaningful and timely number of small entities. However, the opportunity for these small governments (ii) The airport at which the aircraft is FAA solicits comments from the public to provide input in the development of located is a satellite airport that does not regarding this determination of no regulatory proposals. have weather reporting capabilities. significant impact. This direct final rule does not contain (d) The determination of visibility by any Federal intergovernmental or a pilot in accordance with paragraph International Trade Impact Assessment private sector mandate that exceeds (c)(2) of this section is not an official The provisions of this rule will have $100 million a year. weather report or an official ground little impact on trade for both U.S. firms Agency Findings visibility report. doing business in foreign countries and The FAA has determined that this Issued in Washington, DC on March 21, foreign firms doing business in the 2000. United States. regulation is noncontroversial and unlikely to result in adverse or negative Jane F. Garvey, Federalism Implications comments. For the reasons discussed in Administrator. The FAA has analyzed this proposed the preamble, I certify that this [FR Doc. 00–7341 Filed 3–23–00; 8:45 a.m.] rule under the principles and criteria of regulation (1) is not a ‘‘significant BILLING CODE 4910±13±M

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Reader Aids Federal Register Vol. 65, No. 58 Friday, March 24, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 601...... 14781 761...... 14432 Presidential Documents Proclamations: 762...... 14432 7276...... 11197 Executive orders and proclamations 523±5227 915...... 15203 7277...... 11199 The United States Government Manual 523±5227 916...... 15205 7278...... 11455 917...... 15205 7279...... 11733 Other Services 993...... 12061 7280...... 12903 955...... 12442 Electronic and on-line services (voice) 523±4534 7281...... 15201 985...... 15832 Privacy Act Compilation 523±3187 Executive Orders: 989...... 15214 Public Laws Update Service (numbers, dates, etc.) 523±6641 12170 (See Notice of 1421...... 13865 TTY for the deaf-and-hard-of-hearing 523±5229 March 13, 2000)...... 13863 1427...... 13865 12957 (Continued by 1464...... 10933 Notice of March 13, ELECTRONIC RESEARCH 1710...... 14207, 14785 2000) ...... 13863 1721...... 10933 World Wide Web 12959 (See Notice of 3019...... 14406 March 13, 2000)...... 13863 Full text of the daily Federal Register, CFR and other Proposed Rules: 13059 (See Notice of publications: 6...... 14478 March 13, 2000)...... 13863 20...... 11483 http://www.access.gpo.gov/nara 13146...... 11201 27...... 10979 Federal Register information and research tools, including Public 13147...... 13233 28...... 10979, 12140 Inspection List, indexes, and links to GPO Access: Administrative Orders: 29...... 13915 Memorandum of http://www.nara.gov/fedreg 57...... 14652 January 5, 2000 ...... 15823 97...... 13917 E-mail Presidential Determinations: 201...... 12952 PENS (Public Law Electronic Notification Service) is an E-mail No. 2000-15 of 205...... 15579 service for notification of recently enacted Public Laws. To February 24, 2000 ...... 10931 360...... 14926 subscribe, send E-mail to No. 2000-16 of 930...... 15580 February 29, 2000 ...... 15797 1140...... 10981 [email protected] No. 2000-17 of March 1160...... 14484 with the text message: 2, 2000 ...... 15821 1205...... 12146 subscribe PUBLAWS-L your name Notices: 1210...... 14485 March 13, 2000 ...... 13863 1306...... 12141 Use [email protected] only to subscribe or unsubscribe to 1307...... 12141 PENS. We cannot respond to specific inquiries. 4 CFR 1309...... 12141 Reference questions. Send questions and comments about the 27...... 15203 1710...... 12952 Federal Register system to: 28...... 15203 1717...... 12952 1718...... 12952 [email protected] 5 CFR The Federal Register staff cannot interpret specific documents or Ch. LXXIII ...... 15825 8 CFR regulations. 213...... 14431 3...... 15835, 15846 315...... 14431 212 ...... 14774, 15835, 15846 FEDERAL REGISTER PAGES AND DATE, MARCH 335...... 14431 214...... 14774 531...... 15875 240...... 15835, 15846 10931±11196...... 1 532...... 15521 245...... 15835, 15846 11197±11454...... 2 792...... 13659 274a...... 15835, 15846 11455±11734...... 3 Proposed Rules: 248...... 14774 11735±11858...... 6 3...... 14477 278A ...... 14774 11859±12060...... 7 213...... 14477 299...... 15835, 15846 315...... 14477 12061±12426...... 8 9 CFR 12427±12904...... 9 7 CFR 74...... 15216 12905±13234...... 10 78...... 12064 13235±13658...... 13 2...... 12427 75...... 15830 93...... 15216 13659±13864...... 14 205...... 13512 94...... 15521 13865±14206...... 15 210...... 12429 Proposed Rules: 14207±14430...... 16 215...... 12429 71...... 11485 14431±14780...... 17 220...... 12429 77 ...... 11485, 11912, 15877 14781±15052...... 20 225...... 12429 78...... 11485 15053±15202...... 21 226...... 12429 93...... 12486 15203±15520...... 22 301...... 11203 98...... 12486 15521±15822...... 23 457...... 11457 113...... 12151 15823±16116...... 24 600...... 14781 130...... 12486

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317...... 14486 10937, 10938, 11204, 11459, 228...... 11507, 15043 15547, 15548, 15862 318...... 14486, 14489 11859, 11861, 12071, 12072, 229...... 11507 301...... 11211, 11215 319...... 144867, 14489 12073, 12075, 12077, 12080, 230...... 11507, 15500 601...... 15862 327...... 14489 12081, 12082, 12084, 12085, 232...... 11507 602 ...... 11205, 11211, 11215 12460, 12462, 12463, 13668, 381...... 14486 239...... 11507, 15500 Proposed Rules: 13871, 13875, 13877, 14207, 240...... 11507 1 ...... 11012, 11269, 15587 590...... 11486 14209, 14822, 14826, 14827, 248...... 12354 301...... 11271, 11272 14831, 14834, 14838, 14844, 249...... 11507 10 CFR 14846, 14847, 14849, 14852, 250...... 11507 27 CFR 15226, 15230, 15232, 15531, 259...... 11507 4...... 11889 72 ...... 11458, 12444, 14790 15534, 15536, 15537, 15857, 260...... 11507 5...... 11889 170...... 11204 15858 269...... 11507 7...... 11889 600...... 14406 71 ...... 11369, 11461, 11866, 270...... 11507, 15500 16...... 11889 820...... 15218 12630, 12917, 12918, 14344, 274...... 11507, 15500 75...... 15058 Proposed Rules: 14855, 14856, 14857, 15859, 18 CFR Proposed Rules: Ch. XVIII ...... 13700 15860, 15861 00...... 15115 21...... 11488 91...... 16112, 16114 35...... 12088 4...... 12490 50...... 11488 95...... 14442 157 ...... 11461, 12115, 15234 70...... 15115 380...... 15234 52...... 11488 97 ...... 13669, 13671, 13673, 75...... 15115 54...... 11488 15540, 15541, 15544 19 CFR 90...... 15115 1260...... 14406 100...... 11488 12...... 12470 Proposed Rules: 28 CFR 430...... 14128 24...... 13880 25...... 13703 70...... 14406 431...... 10984 111...... 13880 39 ...... 11006, 11505, 11940, 178...... 13880 960...... 11755 11942, 12489, 12957, 13251, 29 CFR 963...... 11755 13919, 13921, 13923, 14216, 20 CFR 95...... 14406 14218, 15278, 15280, 15584, 4022...... 14752, 14753 220...... 14458 15878, 15880, 15882 4044...... 13905, 14752 11 CFR 322...... 14459 71 ...... 12153, 12957, 13704, 4050...... 14752 108...... 15221 404...... 11866 13705, 13707, 14497, 15282, 416...... 11866 Proposed Rules: Proposed Rules: 15586 1614...... 11019 9038...... 15273 108...... 15113 21 CFR 1910...... 11948, 13254 109...... 15113 20...... 11881 30 CFR 12 CFR 111...... 15113 101...... 11205 129...... 15113 202...... 11467 5...... 12905 176...... 13675 191...... 15113 177...... 15057 206...... 11467, 14022 204...... 12916 255...... 11009 178...... 15545 250...... 14469, 15862 208...... 14810, 15050 938...... 15553 15 CFR 524...... 13904 225 ...... 14433, 14440, 15053 558...... 11888 Proposed Rules: 303...... 15526 14...... 14406 640...... 13678 914...... 11950, 12492 340...... 14816 734...... 12919 868...... 11464 31 CFR 362...... 15526 736...... 14858 870...... 11465 701...... 15224 738...... 12919, 14857 1301...... 13235 103...... 13683 740...... 12919, 14857 724...... 10933 1308...... 13235 742...... 12919, 14857 32 CFR 745...... 10933 Proposed Rules: 743...... 12919 22...... 14406 Ch. IX...... 13663 101...... 14219 744...... 12919, 14444 314...... 12154 32...... 14406 925...... 13866 748...... 12919 668...... 13906 950...... 13866 756...... 14857, 14861 22 CFR 776...... 15059 1501...... 12064, 14819 762...... 14858 22...... 14211 33 CFR 1510...... 15050 766...... 14862 23...... 14211 Proposed Rules: 770...... 14857 41...... 14768 26...... 14863 3...... 12320 774 ...... 12919, 13879, 14862 51...... 14211 95...... 14223 100...... 15558 8...... 15111 16 CFR 139...... 14764 208...... 12320 145...... 14406 110...... 11892 1615...... 12924 117 ...... 11893, 12943, 15238 225...... 12320 226...... 14406 1616...... 12924 127...... 10943 325...... 12320 Proposed Rules: 1630...... 12929 22...... 13253 140...... 14226 567...... 12320 1631...... 12929 141...... 14226 614...... 14491 1632...... 12935 23 CFR 142...... 14226 620...... 14494 Proposed Rules: 1340...... 13679 143...... 14226 709...... 11250 307...... 11944 144...... 14226 716...... 10988 312...... 11947 24 CFR 145...... 14226 741...... 10988 313...... 11174 200...... 15043 146...... 14226 742...... 15275 401...... 15452 147...... 14226 17 CFR 1750...... 13251 402...... 15452 154...... 10943 1...... 12466 905...... 14422 155...... 10943, 14470 4...... 10939, 12938 159...... 10943 13 CFR Proposed Rules: 15...... 14452 81...... 12632 161...... 14863 Proposed Rules: 16...... 14452 990...... 11525 164...... 10943 124...... 12955 17...... 14452 165...... 14864 200...... 12469 25 CFR 167...... 12944 240...... 13235 290...... 14461 177...... 14223 14 CFR 242...... 13235 183...... 10943 25...... 13666 Proposed Rules: 26 CFR Proposed Rules: 39...... 10934, 4...... 11253, 12318 1 ...... 11205, 11467, 12471, 100 ...... 11274, 13926, 14498

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110...... 13926, 14498 262...... 12378 134...... 11904 247...... 14400 165 ...... 13926, 14498, 14501, 268...... 14472 151...... 10943 252 ...... 14397, 14400, 14402 14502, 15283, 15285 271...... 14472 153...... 10943 1806...... 12484 175...... 11410 300...... 13697, 14475 154...... 10943 1808...... 12484 177...... 11410 302...... 14472 160...... 10943 1811...... 12484 179...... 11410 431...... 15091 161...... 10943 1813...... 12484 181...... 11410 445...... 14344 162...... 10943 1815...... 12484 183...... 11410 Proposed Rules: 163...... 10943 1825...... 12484 51...... 11024 164...... 10943 1835...... 12484 34 CFR 52 ...... 11027, 11275, 11524, 170...... 10943 1837...... 12484 74...... 14406 12494, 12495, 12499, 12958, 174...... 10943 1842...... 12484 1100...... 11894 13260, 13709, 14506, 14510, 175...... 10943 1848...... 12484 Proposed Rules: 14930, 15286, 15287, 15883 182...... 10943 1851...... 12484 606...... 15115 63...... 11278 189...... 11904 2409...... 12950 607...... 15115 81...... 14510 190...... 10943 Proposed Rules: 608...... 15115 141...... 11372 193...... 10943 Ch. 9 ...... 13416 152...... 15883 195...... 10943 36 CFR 156...... 15884 199...... 10943, 11904 49 CFR Ch. XV ...... 14760 438...... 11755 515...... 15252 1...... 15077 503...... 11278 Proposed Rules: 19...... 14406 3...... 15077 755...... 16094 2...... 11410 193...... 10950 13...... 15077 10...... 11410 350...... 15092 42 CFR 701...... 11735, 11736 15...... 11410 355...... 15092 1210...... 14406 121...... 15252 24...... 11410 385...... 11904 571...... 11751 Proposed Rules: 405...... 13911 25...... 11410 212...... 11680 410...... 13911 26...... 11410 572...... 10961, 15254 261...... 11680 Proposed Rules: 28...... 11410 Proposed Rules: 295...... 11680 410...... 13082 30...... 11410 Ch I...... 11541 1190...... 12493 493...... 14510 70...... 11410 40...... 13261, 15118 90...... 11410 171...... 11028 1191...... 12493 43 CFR 1280...... 15592 114...... 11410 172...... 11028 12...... 14406 169...... 11410 173...... 11028 37 CFR 3500...... 11475 175...... 11410 174...... 11028 1...... 14864 188...... 11410 175...... 11028 45 CFR 199...... 11410 176...... 11028 Proposed Rules: 74...... 14406 177...... 11028 201...... 14227, 14505 47 CFR 400...... 15410 178...... 11028 38 CFR 401...... 15410 1...... 14476 179...... 11028 612...... 11740 20...... 15559 180...... 11028 3...... 12116 613...... 11740 22...... 15559 190...... 15290 19...... 14471 24...... 14213, 15559 191...... 15290 20...... 14471 46 CFR 27...... 12483 192...... 15290 21...... 12117, 13893 28...... 10943 54...... 12135 195...... 15290 Proposed Rules: 30...... 10943 73 ...... 11476, 11477, 11750, 222...... 15298 3...... 13254 32...... 10943 13250 229...... 15298 34...... 10943 76...... 12135, 15559 39 CFR 35...... 10943 80...... 15559 111...... 12946 38...... 10943 90...... 15559 50 CFR Proposed Rules: 39...... 10943 99...... 15559 17 ...... 14876, 14886, 14896, 20...... 11023 54...... 10943 Proposed Rules: 16052 111...... 13258 56...... 10943 Ch. I ...... 15599 300...... 14907 913...... 14229 58...... 10943 1...... 13933 622...... 12136 952...... 13707 61...... 10943 2...... 14230 635...... 15873 63...... 10943 26...... 14230 648 ...... 11478, 11909, 15110, 40 CFR 76...... 10943 27...... 14230 15576 9...... 15090 77...... 10943 54...... 13933 660...... 11480 30...... 14406 78...... 10943 61...... 13933 679 ...... 10978, 11247, 11481, 51...... 11222 91...... 11904 69...... 13933 11909, 12137, 12138, 13698, 52 ...... 10944, 11468, 12118, 92...... 10943 73 ...... 11537, 11538, 11539, 14918, 14924, 15271, 15272, 12472, 12474, 12476, 12481, 95...... 10943 11540, 11541, 11955, 12155, 15577 12948, 13239, 13694, 14212, 96...... 10943 13260, 13261, 15600, 15885, Proposed Rules: 14873, 15240, 15244, 15864 97...... 10943 15886 16...... 11756 55...... 15867 105...... 10943 17 ...... 12155, 12181, 13262, 60...... 13242 108...... 10943 48 CFR 13935, 14513, 14931, 14935, 63...... 11231, 15690 109...... 10943 Ch. 2 ...... 14380 15887 68...... 13243 110...... 10943 Ch. 5 ...... 11246 216...... 11542 86...... 11898 111...... 10943 202...... 14397 223...... 12959 136...... 14344 114...... 10943 204...... 14397 224...... 12959, 13935 141...... 11372 115...... 11904 207...... 14397 300...... 13284 148...... 14472 119...... 10943 208...... 14397, 14400 600...... 11956 180 ...... 10946, 11234, 11243, 125...... 10943 212...... 14400 622...... 11028, 14518 11736, 12122, 12129, 15248 132...... 11904 222...... 14397, 14402 648 ...... 11029, 11956, 14519 261...... 14472 133...... 11904 244...... 14400 679 ...... 11756, 11973, 12500

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REMINDERS Mitsubishi; published 2-4-00 COMMERCE DEPARTMENT Local exchange carriers, The items in this list were Twin Commander Aircraft National Oceanic and low-volume long distance editorially compiled as an aid Corp.; published 2-4-00¶ Atmospheric Administration users, and Federal-State to Federal Register users. Fishery conservation and Joint Board on Universal ServiceÐ Inclusion or exclusion from RULES GOING INTO management: Access charge reform and this list has no legal EFFECT MARCH 25, 2000 Northeastern United States significance. fisheriesÐ price cap performance review; comments due Deep-sea red crab; AGRICULTURE by 3-30-00; published comments due by 3-31- DEPARTMENT 3-15-00 RULES GOING INTO 00; published 3-1-00 EFFECT MARCH 24, 2000 Agricultural Marketing Wireless telecommunications Deep-sea red crab; Service servicesÐ correction; comments Spearmint oil produced inÐ ADMINISTRATIVE due by 3-31-00; Specialized mobile radio COMMITTEE OF THE Far West; published 3-24-00 published 3-17-00 (SMR) systems in 800 FEDERAL REGISTER MHz frequency band; DEFENSE DEPARTMENT future development Federal Register, COMMENTS DUE NEXT Administrative Committee Federal Acquisition Regulation facilitation; comments WEEK (FAR): Federal Register publications; due by 3-27-00; prices, availability and Deferred research and published 3-23-00 AGRICULTURE official status; published 2- development costs; Radio stations; table of DEPARTMENT 23-00 comments due by 3-27- assignments: Agricultural Marketing 00; published 1-26-00 AGRICULTURE Alabama and Florida; Service Drafting principles; DEPARTMENT comments due by 3-27- Cotton classing, testing, and comments due by 3-27- 00; published 2-16-00 Supplemental standards of standards: 00; published 1-26-00 ethical conduct for Texas; comments due by 3- employees of the Upland cotton; official color ENERGY DEPARTMENT 27-00; published 2-16-00 Department of Agriculture; grade determination; Energy Efficiency and Television broadcasting: published 3-24-00 comments due by 3-31- Renewable Energy Office Broadcast licensees; public 00; published 3-1-00 HOUSING AND URBAN Energy conservation: interest obligations; Raisins produced from grapes DEVELOPMENT Weatherization assistance comments due by 3-27- grown inÐ DEPARTMENT program for low-income 00; published 1-26-00 California; comments due by Mortgage and loan insurance persons; 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Title VIII

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implementation (subsistence POSTAL SERVICE MD10-30/30F airplanes; session of Congress which priority): International Mail Manual: comments due by 3-27- have become Federal laws. It Fish and wildlife; International surface mail; 00; published 2-25-00 may be used in conjunction subsistence taking; postal rate changes; Transport airplane fuel tank with ``P L U S'' (Public Laws comments due by 3-27- comments due by 3-31- system design review, Update Service) on 202±523± 00; published 2-2-00 00; published 3-1-00 flammability reduction, and 6641. This list is also Endangered and threatened maintenance and inspection available online at http:// SECURITIES AND requirements; comments www.nara.gov/fedreg. species: EXCHANGE COMMISSION Columbian sharp-tailed due by 3-27-00; published Practice and procedure: The text of laws is not grouse; status review; 2-16-00 published in the Federal comments due by 3-27- Market information fees and TRANSPORTATION Register but may be ordered 00; published 1-24-00 revenues; public DEPARTMENT in ``slip law'' (individual dissemination; comments Research and Special Tidewater goby; comments pamphlet) form from the due by 3-31-00; published Programs Administration due by 3-31-00; published 12-17-99 Superintendent of Documents, 2-15-00 Hazardous materials: Privacy of Consumer Financial U.S. Government Printing LIBRARY OF CONGRESS Hazardous materials Office, Washington, DC 20402 Information (Regulation S- transportationÐ Copyright Office, Library of P); comments due by 3-31- (phone, 202±512±1808). The Compatibility with Congress 00; published 3-8-00 text will also be made International Atomic Digital Millennium Copyright available on the Internet from Securities: Energy Agency Act: GPO Access at http:// Selective disclosure and regulations; comments www.access.gpo.gov/nara/ Circumvention of copyright insider trading; comments due by 3-29-00; index.html. Some laws may protection systems for due by 3-29-00; published published 12-28-99 not yet be available. access control 12-28-99 technologies; exemption to TREASURY DEPARTMENT SMALL BUSINESS prohibition; comments due Comptroller of the Currency S. 376/P.L. 106±180 ADMINISTRATION by 3-31-00; published 3- Consumer financial information Open-market Reorganization Small business size standards: 17-00 privacy; comments due by for the Betterment of 3-31-00; published 2-22-00 NATIONAL AERONAUTICS Compliance with other International AND SPACE agency programs; TREASURY DEPARTMENT Telecommunications Act (Mar. ADMINISTRATION comments due by 3-27- Customs Service 17, 2000; 114 Stat. 48) 00; published 1-26-00 Country of origin marking; Federal Acquisition Regulation Last List March 16, 2000 (FAR): TRANSPORTATION comments due by 3-27-00; Deferred research and DEPARTMENT published 1-26-00 development costs; Federal Aviation TREASURY DEPARTMENT comments due by 3-27- Administration Internal Revenue Service Public Laws Electronic 00; published 1-26-00 Airworthiness directives: Income taxes: Notification Service Drafting principles; Agusta S.p.A.; comments Source of compensation for (PENS) comments due by 3-27- due by 3-27-00; published labor or personal services; 00; published 1-26-00 1-26-00 comments due by 3-29- Airbus; comments due by 3- 00; published 1-21-00 NATIONAL CREDIT UNION PENS is a free electronic mail 27-00; published 2-24-00 Procedure and administration: ADMINISTRATION notification service of newly Credit unions: Alexander Schleicher Combat zone service and enacted public laws. To Consumer financial Segelflugzeugbau; Presidentially declared subscribe, go to www.gsa.gov/ information; privacy comments due by 3-31- disaster; tax-related archives/publaws-l.html or requirements; comments 00; published 3-1-00 deadline relief; comments send E-mail to due by 3-31-00; published Empresa Brasileira de due by 3-30-00; published [email protected] with 3-1-00 Aeronautica S.A.; 12-30-99 the following text message: PERSONNEL MANAGEMENT comments due by 3-27- TREASURY DEPARTMENT SUBSCRIBE PUBLAWS-L OFFICE 00; published 2-24-00 Thrift Supervision Office Your Name. Absence and leave: Eurocopter Deutschland Consumer financial information GMBH; comments due by privacy; comments due by Sick leave for family care 3-27-00; published 1-25- 3-31-00; published 2-22-00 Note: This service is strictly purposes; comments due 00 for E-mail notification of new by 3-27-00; published 2-9- laws. The text of laws is not 00 Airworthiness standards: LIST OF PUBLIC LAWS available through this service. Prevailing rate systems; Special conditionsÐ PENS cannot respond to comments due by 3-30-00; McDonnell Douglas Model This is a continuing list of specific inquiries sent to this published 2-29-00 MD-10-10/10F and public bills from the current address.

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