Pages 45933±46156 Vol. 63 8±28±98 No. 167 federal register August 28,1998 Friday GPO Access services andaccessmethods,seepageIIorcontactthe For additionalinformationon http://www.access.gpo.gov/nara/index.html of theU.S.GovernmentPrintingOfficeat: Register publicationsisavailableon Register, theCodeofFederalRegulations Free onlineaccesstotheofficialeditionsof Website at:http://www.plainlanguage.gov National PartnershipforReinventingGovernment(NPR) language, read``WritingUser-FriendlyDocuments''onthe For morein-depthguidanceontheelementsofplain address is:http://www.nara.gov/fedreg in GovernmentWriting(63FR31883,June10,1998).Our President's MemorandumofJune1,1998ÐPlainLanguage Tools onitsWebsitetohelpyoucomplywiththe The OfficeoftheFederalRegisteroffersPlainLanguage issue. York City,seeannouncementontheinsidecoverofthis For informationonbriefingsinWashington,DC,andNew Briefings onhowtousetheFederalRegister ★ ★ Plain LanguageToolsAreNowAvailable Email: [email protected] Phone: toll-free:1-888-293-6498 Attention: FederalAgencies User SupportTeamvia: Now AvailableOnlinevia GPO Access GPO Access GPO Access, and otherFederal products, Federal a service 1 II Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998

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 Documents, U.S. Government Printing Office, Washington, DC Assistance with public subscriptions 512–1806 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 The Federal Register provides a uniform system for making Single copies/back copies: available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 523–5243 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 523–5243 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. FEDERAL REGISTER WORKSHOP The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, HOW TO USE IT the contents of the Federal Register shall be judicially noticed. FOR: Any person who uses the Federal Register and Code of Federal The Federal Register is published in paper and on 24x microfiche. Regulations. It is also available online at no charge as one of the databases WHO: Sponsored by the Office of the Federal Register. on GPO Access, a service of the U.S. Government Printing Office. WHAT: Free public briefings (approximately 3 hours) to present: The online edition of the Federal Register is issued under the 1. The regulatory process, with a focus on the Federal Register authority of the Administrative Committee of the Federal Register system and the public’s role in the development regulations. as the official legal equivalent of the paper and microfiche editions 2. The relationship between the Federal Register and Code (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each of Federal Regulations. day the Federal Register is published and it includes both text 3. The important elements of typical Federal Register and graphics from Volume 59, Number 1 (January 2, 1994) forward. documents. GPO Access users can choose to retrieve online Federal Register 4. An introduction to the finding aids of the FR/CFR system. documents as TEXT (ASCII text, graphics omitted), PDF (Adobe WHY: To provide the public with access to information necessary to Portable Document Format, including full text and all graphics), research Federal agency regulations which directly affect them. or SUMMARY (abbreviated text) files. Users should carefully check There will be no discussion of specific agency regulations. retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ WASHINGTON, DC /www.access.gpo.gov/nara. Those without World Wide Web access WHEN: September 15, 1998 at 9:00 a.m. can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer WHERE: Office of the Federal Register and modem. When using Telnet or modem, type swais, then log Conference Room, in as guest with no password. 800 North Capitol Street, N.W. For more information about GPO Access, contact the GPO Access Washington, DC User Support Team by E-mail at [email protected]; by fax at (3 blocks north of Union Station Metro) (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll RESERVATIONS: 202–523–4538 free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. NEW YORK CITY The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal WHEN: September 22, 1998 at 9:00 a.m. Register Index and List of CFR Sections Affected (LSA) WHERE: National Archives—Northeast Region subscription; the microfiche edition of the Federal Register 201 Varick Street, 12th Floor including the Federal Register Index and LSA is $220. Six month New York, New York subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or RESERVATIONS: 1–800–688–9889 x 0 $8.00 for each group of pages as actually bound; or $1.50 for (Federal Information Center) each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 63 FR 12345.

.

2 III

Contents Federal Register Vol. 63, No. 167

Friday, August 28, 1998

Agricultural Marketing Service PROPOSED RULES RULES Drawbridge operations: Pork promotion, research, and consumer information, Florida, 45978–45980 45935–45937 Missouri et al., 45980–45982 PROPOSED RULES Beef promotion and research, 45969–45973 Commerce Department See Foreign-Trade Zones Board Agricultural Research Service See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings: NOTICES Dietary Guidelines Advisory Committee, 46115–46116 Agency information collection activities: Submission for OMB review; comment request, 45996– 45997 Agriculture Department See Agricultural Marketing Service Committee for Purchase From People Who Are Blind or See Agricultural Research Service Severely Disabled See Cooperative State Research, Education, and Extension NOTICES Service Procurement list; additions and deletions, 45995–45996 See Forest Service See Grain Inspection, Packers and Stockyards Committee for the Implementation of Textile Agreements Administration NOTICES Cotton, wool, and man-made textiles: Alcohol, Tobacco and Firearms Bureau Dominican Republic, 46001 NOTICES India, 46001–46002 Agency information collection activities: Oman, 46002 Proposed collection; comment request, 46100 Qatar, 46002–46003 Thailand, 46003 Army Department See Engineers Corps Comptroller of the Currency NOTICES RULES Patent licenses; non-exclusive, exclusive, or partially Foreign banks, U.S. branches and agencies; extended exclusive: examination cycle, 46117–46122 Novavax Inc., 46004 Vaccine against ricin toxin, 46004 Cooperative State Research, Education, and Extension Senior Executive Service: Service Performance Review Boards; membership, 46004–46006 NOTICES Grants and cooperative agreements; availability, etc.: Arts and Humanities, National Foundation National research initiative competitive grants program, See National Foundation on the Arts and the Humanities 46109–46113

Blind or Severely Disabled, Committee for Purchase From Defense Department People Who Are See Army Department See Committee for Purchase From People Who Are Blind or See Engineers Corps PROPOSED RULES Severely Disabled Personnel: Ready Reserve screening, 45975–45978 Centers for Disease Control and Prevention NOTICES NOTICES Federal Acquisition Regulation (FAR): Grants and cooperative agreements; availability, etc.: Agency information collection activities— Public health conference support program; correction, Proposed collection; comment request, 46003–46004 46052 Meetings: Meetings: Defense Intelligence Agency Science and Technology Clinical Laboratory Improvement Advisory Committee, Advisory Board, 46004 46052–46053 Delaware River Basin Commission Coast Guard RULES RULES Practice and procedure rules: Ports and waterways safety: Administrative manual— Gulf of Alaska, southeast of Narrow Cape, Kodiak Island, Comprehensive plan, basin and water quality AK; safety zone, 45949–45950 regulations; clarification and removal of obsolete New York Harbor, NY; safety zone, 45947–45949 provisions; correction, 45943 IV Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Contents

Education Department Pesticide, food, and feed additive petitions: NOTICES ProGuard, Inc., 46017–46019 Postsecondary education: Pesticide registration, cancellation, etc.: Federal Perkins loan, Federal work-study, and Federal American Minerals, Inc., et al., 46016–46017 supplemental educational opportunity grant programs— Federal Aviation Administration Fiscal operations report and application; filing closing RULES date, 46153–46155 Class E airspace, 45937–45939

Employment and Training Administration Federal Communications Commission NOTICES RULES Adjustment assistance: Common carrier services: M&J Clothing Sample, 46074 Local telephone company facilities; expanded Occidental Oil & Gas Corp., 46074–46075 interconnection, 45956–45958 Phillips Consumer Communications, Lucent Schools and libraries and rural health care universal Technologies, Inc., 46075 support mechanism; funding year change from Stibnite Mine Co. et al., 46075–46076 calendar year cycle to fiscal year cycle, etc. Wrangler Cutting et al., 46076–46077 Correction, 45958 Adjustment assistance and NAFTA transitional adjustment NOTICES assistance: Agency information collection activities: Siebe Automotive North America et al., 46072–46074 Submission for OMB review; comment request, 46019 NAFTA transitional adjustment assistance: Oxford Industries, Inc., 46077 Federal Deposit Insurance Corporation VF Knitwear, Inc., 46077 RULES Foreign banks, U.S. branches and agencies; extended Employment Standards Administration examination cycle, 46117–46122 NOTICES Minimum wages for Federal and federally-assisted Federal Emergency Management Agency construction; general wage determination decisions, PROPOSED RULES 46077–46078 Freedom of Information Act; implementation, 45982–45993 NOTICES Energy Department Agency information collection activities: See Federal Energy Regulatory Commission Proposed collection; comment request, 46019–46020 NOTICES Submission for OMB review; comment request, 46020– Environmental statements; availability, etc.: 46021 Rocky Flats Environmental Technology Site, CO; Disaster and emergency areas: plutonium residues and scrub alloy storage Indiana, 46021 management, 46006–46009 Iowa, 46021 Michigan, 46021–46022 Engineers Corps New York, 46022 NOTICES Environmental statements; notice of intent: Federal Energy Regulatory Commission Maricopa County, AZ; Northeast Phoenix drainage area NOTICES feasibility study, 46006 Environmental statements; availability, etc.: Alliance Pipeline L.P., 46012–46013 Environmental Protection Agency Wisconsin River Power Co. et al., 46013 RULES Hydroelectric applications, 46013–46014 Toxic substances: Applications, hearings, determinations, etc.: Chemical substances manufacturers and importers; California Independent System Operator Corp., 46009 production and site reportingrequirements and 1998 El Paso Natural Gas Co., 46009 inventory reporting period, 45950–45953 Gas Transport, Inc., 46009 Significant new uses— Gulf States Transmission Corp., 46010 2-substituted benzotriazole, etc., 45954–45956 Koch Gateway Pipeline Co., 46010 NOTICES Northern Natural Gas Co., 46010–46011 Agency information collection activities: Panhandle Eastern Pipe Line Co., 46011 Proposed collection; comment request; correction, 46014 PG&E Gas Transmission, Northwest Corp., 46011 Clean Air Act: Tennessee Gas Pipeline Co., 46011–46012 Citizens suits; proposed settlements— Williams Gas Pipelines Central, Inc., 46012 Sierra Club, 46014–46015 Environmental statements; availability, etc.: Federal Maritime Commission Agency statements— NOTICES Comment availability, 46015–46016 Agreements filed, etc., 46022 Weekly receipts, 46015 Meetings: Federal Railroad Administration U.S. Government Representative to Commission for RULES Environmental Cooperation— Track safety standards: Governmental Advisory Committee, 46016 Miscellaneous amendments National Advisory Committee, 46016 Correction, 45959, 46102 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Contents V

Federal Reserve System Foreign-Trade Zones Board RULES NOTICES Foreign banks, U.S. branches and agencies; extended Applications, hearings, determinations, etc.: examination cycle, 46117–46122 California NOTICES Rauch Industries, Inc.; consumer goods distribution Banks and bank holding companies: facility, 45997–45998 Formations, acquisitions, and mergers, 46022–46023 Nevada, 45998 Permissible nonbanking activities, 46023 Meetings; Sunshine Act, 46023 Forest Service RULES Federal Trade Commission Alaska National Interest Lands Conservation Act; Title VIII RULES implementation (subsistence priority): Appliances, consumer; energy consumption and water use Fish and wildlife; subsistence taking, 46147–46152 information in labeling and advertising: Comparability ranges— Instantaneous water heaters, 45941–45943 General Services Administration NOTICES NOTICES Premerger notification waiting periods; early terminations, Federal Acquisition Regulation (FAR): 46023–46052 Agency information collection activities— Proposed collection; comment request, 46003–46004 Federal Transit Administration NOTICES Grain Inspection, Packers and Stockyards Administration Agency information collection activities: NOTICES Proposed collection; comment request, 46097 Agency designation actions: Ohio, 45995 Financial Management Service See Fiscal Service Health and Human Services Department Fiscal Service See Centers for Disease Control and Prevention RULES See Food and Drug Administration Bonds and notes, U.S. Treasury: See National Institutes of Health Series I U.S. savings bonds; offering circular and See Substance Abuse and Mental Health Services governing regulations Administration Initial bond rate announcement; technical amendment, NOTICES 45945–45947 Meetings: Federal claims collection: Dietary Guidelines Advisory Committee, 46115–46116 Collection of delinquent nontax debt owed to Federal Vital and Health Statistics National Committee, 46052 Government; tax refund and administrative offset programs merged, 46139–46140 Housing and Urban Development Department Past-due support; collection by administrative offset, RULES 46141–46146 Public and Indian housing: Replacement housing factor in modernization funding, Fish and Wildlife Service 46103–46108 RULES NOTICES Alaska National Interest Lands Conservation Act; Title VIII Grants and cooperative agreements; availability, etc.: implementation (subsistence priority): Facilities to assist homeless— Fish and wildlife; subsistence taking, 46147–46152 Excess and surplus Federal property, 46059–46067 Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc., Immigration and Naturalization Service 46123–46138 NOTICES Environmental statements; notice of intent: Food and Drug Administration INS and Joint Task Force Six activities along United RULES States and Mexico border and Texas Gulf Coast, Animal drugs, feeds, and related products: 46070–46071 New drug applications— Meetings: Neomycin sulfate soluble powder and oral solution, Immigration Matters District Advisory Council, 46071 45944 Progesterone and estradiol benzoate, 45945 Interior Department Pyrantel pamoate suspension, 45944–45945 Color additives: See Fish and Wildlife Service D&C Violet No. 2, 45943–45944 See Land Management Bureau NOTICES See Surface Mining Reclamation and Enforcement Office Food additive petitions: Asahi Denka Kogyo K.K., 46053 International Trade Administration Life Technologies, Inc., 46053–46054 NOTICES Meetings: Antidumping: Medical Devices Advisory Committee, 46054 Stainless steel wire rods from— Reporting and recordkeeping requirements, 46054 France, 45998–46000 VI Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Contents

International Trade Commission National Eye Institute, 46055–46056 NOTICES National Heart, Lung, and Blood Institute, 46056 Import investigations: National Institute of Allergy and Infectious Diseases, Trade and investment in services database, 46069 46056–46057 National Institute of Dental Research, 46057 Judicial Conference of the United States National Institute of Environmental Health Sciences, NOTICES 46057 Meetings: National Institute of Mental Health, 46056 Judicial Conference Advisory Committee on— National Library of Medicine, 46057–46058 Appellate Procedure Rules, 46069–46070 Bankruptcy Procedure Rules, 46069 National Oceanic and Atmospheric Administration Civil Procedure Rules, 46070 RULES Criminal Procedure Rules, 46070 Fishery conservation and management: Evidence Rules, 46070 Northeastern United States fisheries— Atlantic sea scallop, 45939–45941 Justice Department Northeast multispecies, 45965–45966 See Immigration and Naturalization Service West Coast States and Western Pacific fisheries— See Victims of Crime Office Pacific Coast groundfish, 45966–45968 PROPOSED RULES Labor Department Fishery conservation and management: See Employment and Training Administration Magnuson-Stevens Act provisions— See Employment Standards Administration Domestic fisheries; exempted fishing permits to See Mine Safety and Health Administration conduct experimental fishing; applications, 45993 See Occupational Safety and Health Administration Northeastern United States fisheries— NOTICES New England Fishery Management Council; meetings, Apparel imported into United States; production working 45993–45994 conditions; reporting methodology development; NOTICES information request, 46072 Meetings: Gulf of Mexico Fishery Management Council, 46000 Land Management Bureau North Pacific Fishery Management Council, 46000–46001 NOTICES Meetings: Resource advisory councils— Occupational Safety and Health Administration Northwest California, 46068 NOTICES Southeast Oregon, 46067–46068 Nationally recognized testing laboratories, etc.: Southwest, 46068 National Technical Systems, 46079–46082 Withdrawal of public lands: NSF International, 46082–46084 Nevada, 46068–46069 SGS U.S. Testing Co. Inc., 46084–46085

Mine Safety and Health Administration Pension Benefit Guaranty Corporation PROPOSED RULES NOTICES Coal and metal and nonmetal mine safety and health: Agency information collection activities: Surface haulage equipment; safety standards, 45973 Submission for OMB review; comment request, 46087– 46089 National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Personnel Management Office Agency information collection activities— RULES Proposed collection; comment request, 46003–46004 Health benefits, Federal employees: Contributions and withholdings; weighted average of National Foundation on the Arts and the Humanities subscription charges, 45933–45935 NOTICES Meetings: Public Debt Bureau Combined Arts Advisory Panel, 46085–46087 See Fiscal Service

National Highway Traffic Safety Administration Public Health Service RULES See Centers for Disease Control and Prevention Motor vehicle safety standards: See Food and Drug Administration Occupant crash protection— See National Institutes of Health Air bag depowering, 45959–45965 NOTICES See Substance Abuse and Mental Health Services Motor vehicle safety standards; exemption petitions, etc.: Administration Aprilia, SpA, 46097–46098 Railroad Retirement Board National Institutes of Health NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 46089 National Cancer Institute, 46054–46055 Meetings; Sunshine Act, 46089 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Contents VII

Securities and Exchange Commission See Comptroller of the Currency NOTICES See Fiscal Service Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc.; United States Information Agency correction, 46090 NOTICES New York Stock Exchange, Inc., 46090–46091 Art objects; importation for exhibition: Five Revolutionary Seconds XI, 46100–46101 Social Security Administration Miro’s Black and Red Series: A New Acquisition in NOTICES Context, 46100 Privacy Act: Computer matching programs, 46091–46093 Victims of Crime Office State Department NOTICES Agency information collection activities: NOTICES Submission for OMB review; comment request, 46071– Environmental statements; availability, etc.: 46072 International Falls, MN; Boise Cascade Corp. pipeline, 46093 Grants and cooperative agreements; availability, etc.: Egypt and United States— Separate Parts In This Issue International, collaborative projects in science and technology, 46093–46094 Part II Organization, functions, and authority delegations: Department of Housing and Urban Development, 46103– Secretary of State, 46094 46108 Pipeline facilities on U.S. borders; permit applications: Boise Cascade Corp., 46094 Part III Shrimp trawl fishing; turtle protection guidelines; Department of Agriculture, Cooperative State Research, certifications, 46094–46097 Education, and Extension Service, 46109–46113

Substance Abuse and Mental Health Services Part IV Administration Department of Agriculture, Agricultural Research Service, NOTICES and Department of Health and Human Services, 46115– Agency information collection activities: 46116 Proposed collection; comment request, 46058–46059 Submission for OMB review; comment request, 46059 Part V Surface Mining Reclamation and Enforcement Office Department of the Treasury, Comptroller of the Currency, PROPOSED RULES and Federal Reserve System, and Federal Deposit Permanent program and abandoned mine land reclamation Insurance Corporation, 46117–46122 plan submissions: Pennsylvania, 45973–45975 Part VI Department of the Interior, Fish and Wildlife Service, Surface Transportation Board 46123–46138 NOTICES Motor carriers: Part VII Finance applications— Department of the Treasury, Fiscal Service, 46139–46140 Coach USA, Inc., 46098–46100 Part VIII Textile Agreements Implementation Committee Department of the Treasury, Fiscal Service, 46141–46146 See Committee for the Implementation of Textile Agreements Part IX Department of Agriculture, Forest Service, 46147–46152 Transportation Department See Coast Guard Part X See Federal Aviation Administration Department of Education, 46153–46155 See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Reader Aids Consult the Reader Aids section at the end of this issue for Treasury Department phone numbers, online resources, finding aids, reminders, See Alcohol, Tobacco and Firearms Bureau and notice of recently enacted public laws. VIII Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR 648 (2 documents) ...... 45993 890...... 45933 7 CFR 1230...... 45935 Proposed Rules: 1260 (2 documents) ...... 45969, 45971 12 CFR 4...... 46118 211...... 46118 347...... 46118 14 CFR 71 (6 documents) ...... 45937, 45938, 45939 15 CFR 902...... 45939 16 CFR 305...... 45941 18 CFR 401...... 45943 21 CFR 74...... 45943 520 (2 documents) ...... 45944 522...... 45945 24 CFR 968...... 46104 30 CFR Proposed Rules: 56...... 45973 57...... 45973 77...... 45973 938...... 45973 31 CFR 285 (2 documents) ...... 46140, 46142 359...... 45945 32 CFR Proposed Rules: 44...... 45975 33 CFR 165 (3 documents) ...... 45947, 45948, 45949 Proposed Rules: 117 (2 documents) ...... 45978, 454980 36 CFR 242...... 46148 40 CFR 710...... 45950 721...... 45954 44 CFR Proposed Rules: 5...... 45982 47 CFR Ch. I ...... 45956 54...... 45958 49 CFR 213 (2 documents) ...... 45959, 46102 571...... 45959 572...... 45959 50 CFR 20...... 46124 100...... 46148 648 (2 documents) ...... 45939, 45965 660...... 45966 Proposed Rules: 600...... 45993 45933

Rules and Regulations Federal Register Vol. 63, No. 167

Friday, August 28, 1998

This section of the FEDERAL REGISTER sec. 7002, 111 Stat. 662), amended the weighted average of subscription contains regulatory documents having general Federal Employees Health Benefits charges that will be in effect during the applicability and legal effect, most of which (FEHB) law to authorize a new year under all FEHB plans, for self only are keyed to and codified in the Code of Government contribution formula and for self and family types of Federal Regulations, which is published under effective on the first day of the contract enrollment, respectively. For employees 50 titles pursuant to 44 U.S.C. 1510. year that begins in January 1999. In and annuitants generally, the law The Code of Federal Regulations is sold by place of the ‘‘Big-6’’ formula, which provides a Government contribution the Superintendent of Documents. Prices of evolved under FEHB law during the equal to the lesser of: (1) 72 percent of new books are listed in the first FEDERAL early 1970’s, the new formula bases the amount OPM determines is the REGISTER issue of each week. Government contributions on the program-wide weighted average of program-wide weighted average costs, subscription charges for the type of for self only and for self and family enrollment the individual selects, or (2) OFFICE OF PERSONNEL enrollments, respectively. 75 percent of the subscription charge for MANAGEMENT The Big-6 formula provided a a particular plan (5 U.S.C.§ 8906 (a) and Government contribution for eligible (b)). The intent of the new FEHB 5 CFR Part 890 enrollees in any FEHB plan or option contribution formula, which is referred RIN 3206±AI33 equal to the lesser of: (1) 60 percent of to as the ‘‘Fair Share’’ formula, is to the simple average of self only or self maintain a consistent level of Federal Employees Health Benefits and family enrollment charges for the Government contributions, as a percent Program: Contributions and highest level of benefits offered under of the total program costs, regardless of Withholdings six large plans described in law, or (2) the configuration of participating health 75 percent of charges for the particular plans or FEHB enrollment patterns. AGENCY: Office of Personnel Management. plan an individual elects to enroll in. The law requires OPM’s Initially, the Big-6 formula effectively determination of the amounts of the ACTION: Interim regulations with request linked Government contributions to weighted average of subscription for comments. health plan preferences of a majority of charges for each FEHB contract year, for SUMMARY: The Office of Personnel FEHB enrollees. self only and for self and family Management (OPM) is issuing interim Over time, though, FEHB enrollees enrollments, not later than October 1 regulations to describe procedures for increasingly left high option health immediately preceding the beginning of OPM’s annual determination of the plans which were the basis of the Big- the contract year in January. By weighted average of subscription 6 formula and dispersed themselves expressed provision of law, the weight charges in effect for self only and for self among other plans. During the 1970’s given to each subscription charge that and family enrollments under the and 1980’s, the FEHB Program will be in effect for the following FEHB Federal Employees Health Benefits expanded from several dozen to several contract year must be commensurate (FEHB)Program. The determinations are hundred health plans and health care with the number of enrollees eligible for a requirement under recent amendments inflation and rapid health plan premium a Government contribution and enrolled to the FEHB law which authorize a new increases during this period encouraged for the same plan or option as of March Government contribution toward FEHB enrollees to more carefully evaluate all 31 of the year in which the enrollment charges effective with the options. One distinct component of the determination is being made. Thus, contract year beginning in January 1999, Big-6 formula, the Governmentwide OPM will multiply each subscription which generally pays 72 percent of the Indemnity Benefit Plan, decided to charge that will be in effect for the next weighted average of subscription terminate FEHB participation at the end contract year by the number of eligible charges. of 1989 due to escalating premiums and enrollees who are in the plan and option declining enrollment. Because the to which the charge applies as of March DATES: Interim regulations are effective average of premiums under the five 31 immediately preceding the contract August 28, 1998. We must receive remaining Big-6 plans would have year. We will then compute the total- comments on or before September 28, resulted in lower Government dollar subscription charge amounts for 1998. contributions, Congress enacted all self only enrollments and for all self ADDRESSES: Send written comments to temporary legislation to continue the and family enrollments respectively. Abby L. Block, Chief, Insurance Policy Big-6 calculation by using premiums for Finally, we will divide each dollar total and Information Division, Retirement the five remaining formula plans and a by the corresponding total numbers and Insurance Group, Office of so-called phantom premium in place of under each enrollment type to achieve Personnel Management, P.O. Box 57, the lapsed plan. The phantom formula the program-wide weighted average Washington, DC 20044; or hand deliver effectively held the Government costs. to OPM, Room 3425, 1900 E Street NW., contributions near 72 percent of total The FEHB law is very clear regarding Washington, DC; or FAX to (202) 606– program costs and was due to expire at the methodology for determining the 0633. the end of 1998 in the absence of further program-wide weighted average of FOR FURTHER INFORMATION CONTACT: action by Congress. subscription charges in cases where Bonnie R. Rose (202) 606–0004. The 1997 amendments to the FEHB health plans continue participation SUPPLEMENTARY INFORMATION: The law require a determination by the substantially unchanged from year to Balanced Budget Act of 1997, approved Office of Personnel Management (OPM) year. OPM is issuing regulations to on August 5, 1997 (Public Law 105–33, in advance of each contract year of the explain how we intend to treat plans for 45934 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations purposes of determining the program- merging plans, or the two plan options, Regulatory Flexibility Act wide weighted average of subscription for purposes of weighting the I certify that these regulations will not charges when conditions of a plan’s subscription charges for the successor have a significant economic impact on FEHB participation change from one entity. a substantial number of small entities Contracts with comprehensive year to the next, including cases in because the regulations only affect medical plans (CMPs) may include which plans enter the FEHB Program, Federal Government contributions different rates for specified portions of cease participation, or merge with toward enrollment costs under the the plan’s service area and will assign another FEHB plan, and cases in which Federal Employee Health Benefits a distinct enrollment code for each a health maintenance organization alters Program. its previous rating structure. rating area. Such plans occasionally The regulations provide that OPM decide to split the existing rating area(s) Executive Order 12866, Regulatory will proceed with our determination of into two or more new areas or to Review the program-wide weighted average of reconfigure geographic areas covered by This rule has been reviewed by the subscription charges for the following existing rating codes. When this occurs, Office of Management and Budget in contract year on September 1. If OPM there may not be a direct correlation accordance with Executive Order 12866. and the carrier of any health plan which between the plan’s current-year has applied to continue FEHB enrollment and rating codes for the List of Subjects in 5 CFR Part 890 participation have not closed rate following contract year for purposes of Administrative practice and negotiations for the following contract determining the weight to be given to procedure, Government employees, year by September 1, the regulations each new subscription charge. So, Health facilities, Health insurance, state that OPM will apply deemed where a participating CMP plan is Health professions, Hostages, Iraq, adjustments to such plan’s current-year altering its FEHB rating structure for the Kuwait, Lebanon, Reporting and record self only and self and family following contract year, the regulations keeping requirements, Retirement. subscription charges for purposes of provide that OPM will estimate what including enrollees of the plan in the portion of the total enrollments under U.S. Office of Personnel Management. determination of the coming year’s all rating codes for the same plan on Janice R. Lachance, program-wide weighted average of March 31 of the determination year Director. subscription charges. The deemed correlates to each of the plan’s rating Accordingly, OPM is amending Title adjustments will be equal to any codes for the following contract year. 5 of the Code of Federal Regulations as increase or decrease that OPM finds to Finally, we are removing existing follows: exist in a calculation of the weighted- provisions in paragraph 5 CFR average of subscription charges using 890.501(b), and the reference to PART 890ÐFEDERAL EMPLOYEES only those plans with which OPM has paragraph (b) in 5 CFR 890.501(a), HEALTH BENEFITS PROGRAM closed rate negotiations for the which reflect FEHB law in effect prior following contract year by September 1. to 1974 amendments to the Government 1. The authority citation for part 890 There will be no readjustment in the contribution formula (Public Law 93– continues to read as follows: program-wide weighted average charges 246, section 1, 88 Stat. 3). Authority: 5 U.S.C. 8913; § 890.803 also based on rate negotiations closed after Waiver of Notice of Proposed issued under 50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c–1; subpart L also issued under September 1. Rulemaking and Delay in Effective Date We expect deemed adjustments to be sec. 599C of Pub. L. 101–513, 104 Stat. 2064, infrequent because provisions in 5 CFR Pursuant to section 553(b)(3)(B) and as amended; § 890.102 also issued under 890.203 require all FEHB plans to (d)(3) of title 5, United States Code, I sections 11202(f), 11232(e), and 11246 (b) submit benefit and rate proposals to find that good cause exists for waiving and (c) of Pub. L. 105–33, 111 Stat. 251. OPM not less than 7 months before a the general notice of proposed rulemaking and for making these rules Subpart EÐContributions and new contract year. However, the Withholdings regulations will ensure that OPM can effective in less than 30 days. These complete determination of program- regulations essentially expound on a 2. Amend § 890.501 by revising wide weighted average charge amounts requirement in the FEHB law, which paragraphs (a) and (b) to read as follows: for each contract year by October 1 of includes a prescribed methodology, for the preceding year, as the law requires, OPM to make a determination of the § 890.501 Government contributions. and that complete information to assist weighted average of subscription (a) The Government contribution enrollees in comparing health plan charges in effect under all FEHB plans toward subscription charges under all features is available at the start of the in each contract year after 1998. health benefits plans, for each enrolled annual open enrollment period in Accordingly, notice of proposed employee who is paid biweekly, is the November. rulemaking and public procedure amount provided in section 8906 of title Since newly participating or thereon are unnecessary. Also, good 5, United States Code, plus 4 percent of terminating FEHB plans inherently lack cause exists for making these rules that amount. one of two requisite data needed for effective in less than 30 days. The law (b) In accordance with the provisions determining the program-wide weighted gives OPM some discretion regarding of 5 U.S.C. 8906(a) which take effect average of subscription charges, namely, the time frame for making the required with the contract year that begins in previous enrollment or subscription determination. For purposes of January 1999, OPM will determine the charges for the following contract year, including information on Government amounts representing the weighted the regulations exclude data associated contributions in materials for the annual average of subscription charges in effect with these plans from these FEHB open enrollment period in for each contract year, for self only determinations. If two or more existing November, OPM concludes that enrollments and for self and family FEHB plans merge, or if a two-option determination of the weighted average enrollments, as follows: plan ceases to offer one of the options, of subscription charges must proceed on (1) The determination of the weighted the regulations state that OPM will use September 1 each year, beginning with average of subscription charges will the combined enrollments from the 1998. only include those health benefits plans Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45935 which are continuing FEHB Program the upcoming contract year will FOR FURTHER INFORMATION CONTACT: participation from one contract year to reconfigure geographic areas associated Ralph L. Tapp, Chief, Marketing the next. with subscription charges, so that there Programs Branch, 202/720–1115. (i) If OPM and the carrier for a plan will not be a direct correlation between SUPPLEMENTARY INFORMATION: that will continue participation have enrollment in the determination year closed negotiations on rates for the and rating areas for the upcoming Executive Orders 12866 and 12778 and upcoming contract year by September 1 contract year, OPM will estimate what Regulatory Flexibility Act and the of the current contract year, i.e., the portion of the plan’s enrollees on March Paperwork Reduction Act determination year, OPM will use the 31 of the determination year will be This rule has been determined to be plan’s negotiated subscription charges subject to each of the plan’s not significant for purposes of Executive for the upcoming contract year in the subscription rates for the upcoming Order 12866 and therefore has not been determination of the weighted average contract year. reviewed by the Office of Management of subscription charges. (3) After OPM weights each and Budget. (ii) If OPM and the carrier for a plan subscription charge as provided in This final rule has been reviewed that applied to continue participation paragraphs (b)(2), (b)(2)(i), and (b)(2)(ii) under Executive Order 12988, Civil have not closed rate negotiations for the of this section, OPM will compute the Justice Reform. This is not intended to upcoming contract year by September 1 total of subscription charges associated have a retroactive effect. The Act states of the determination year, OPM will with self only enrollments, and the total that the statute is intended to occupy make a deemed adjustment to such of subscription charges associated with the field of promotion and consumer plan’s subscription charges for the self and family enrollments. OPM will education involving pork and pork current contract year for purposes of divide each subscription charge total by products and of obtaining funds thereof counting eligible enrollees of the plan in the total number of enrollments such from pork producers and that the the determination of weighted average amount represents to obtain the regulation of such activity (other than a charges for the upcoming contract year. program-wide weighted average regulation or requirement relating to a The deemed adjustment will equal any subscription charges for self only and matter of public health or the provision increase or decrease OPM finds in its for self and family enrollments, of State or local funds for such activity) determination of the weighted average respectively. that is in addition to or different from of subscription charges for the * * * * * the Act may not be imposed by a State. upcoming contract year for all plans [FR Doc. 98–23149 Filed 8–27–98; 8:45 am] The Act provides that administrative with which OPM has closed rates on proceedings must be exhausted before BILLING CODE 6325±01±P September 1 of the determination year. parties may file suit in court. Under (iii) There will be no subsequent § 1625 of the Act, a person subject to an adjustment in the weighted average order may file a petition with the charges applicable to the upcoming DEPARTMENT OF AGRICULTURE Secretary stating that such order, a contract year to reflect rate negotiations Agricultural Marketing Service provision of such order or an obligation closed after September 1 of the imposed in connection with such order determination year. 7 CFR Part 1230 is not in accordance with law; and (2) Except as otherwise specified in requesting a modification of the order or paragraphs (b)(2) (i) and (b)(2)(ii) of this [No. LS±98±004] an exemption from the order. Such section, the weight OPM gives to each Pork Promotion, Research, and person is afforded the opportunity for a subscription charge for purposes of Consumer Information OrderÐ hearing on the petition. After the determining the weighted average of Decrease in Importer Assessments hearing, the Secretary would rule on the subscription charges for the upcoming petition. The Act provides that the contract year will be proportionate to AGENCY: Agricultural Marketing Service, district court of the United States in the the number of individuals who, as of USDA. district in which such person resides or March 31 of the determination year, are ACTION: Final rule. does business has jurisdiction to review enrolled in the plan or benefits option the Secretary’s determination, if a to which such charge applies and are SUMMARY: Pursuant to the Pork complaint is filed not later than 20 days eligible for a Government health Promotion, Research, and Consumer after the date such person receives benefits contribution in the upcoming Information Act (Act) of 1985 and the notice of such determination. contract year. Pork Promotion, Research, and This action also was reviewed under (i) When a subscription charge for an Consumer Information Order (Order) the Regulatory Flexibility Act (RFA) (5 upcoming contract year applies to a issued thereunder, this final rule United States Code (U.S.C.) 601 et seq.). plan that is the result of a merger of two decreases by one-hundredth of a cent The effect of the Order upon small or more plans which contract separately per pound the amount of the assessment entities initially was discussed in the with OPM during the determination per pound due on imported pork and September 5, 1986, issue of the Federal year, or applies to a plan which will pork products to reflect a decrease in Register (51 FR 31898). It was cease to offer two benefits options, OPM the 1997 five-market average price for determined at that time that the Order will combine the self only enrollments domestic barrows and gilts. This action would not have a significant effect upon and the self and family enrollments brings the equivalent market value of a substantial number of small entities. from the merging plans, or from a plan’s the live animals from which such Many of the estimated 1,000 importers two benefits options, for purposes of imported pork and pork products were may be classified as small entities under weighting subscription charges in effect derived in line with the market values the Small Business Administration for the successor plan for the upcoming of domestic porcine animals. These definition (13 CFR 121.601). contract year. changes will facilitate the continued This final rule decreases the amount (ii) When a comprehensive medical collection of assessments on imported of assessments on imported pork and plan (CMP) varies subscription charges porcine animals, pork, and pork pork products subject to assessment by for different portions of the plan’s products. one-hundredth of a cent per pound, or service area and the plan’s contract for EFFECTIVE DATE: September 28, 1998. as expressed in cents per kilogram, two- 45936 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations hundredths of a cent per kilogram. This domestic assessments. This final rule Based on the most recent available decrease is consistent with the decrease will not change the current assessment Department of Commerce, Bureau of in the annual price of domestic barrows rate of 0.45 percent of the market value. Census, data on the volume of imported and gilts for calendar year 1997. The methodology for determining the pork and pork products, the decrease in Adjusting the assessments on imported per pound amounts for imported pork assessment amounts would result in an pork and pork products would result in and pork products was described in the estimated $63,000 decrease in an estimated decrease in assessments of Supplementary Information assessments over a 12-month period. $63,000 over a 12-month period. accompanying the Order and published On June 11, 1998, AMS published in Assessments collected for 1997 were in the September 5, 1986, Federal the Federal Register (63 FR 31942) a $3,369,587. Accordingly, the Register at 51 FR 31901. The weight of proposed rule which would decrease Administrator of the Agricultural imported pork and pork products is the per pound assessment on imported Marketing Service (AMS) has converted to a carcass weight equivalent pork and pork products consistent with determined that this action will not by utilizing conversion factors which decreases in the 1997 average prices of have a significant economic impact on are published in the Department’s domestic barrows and gilts to provide a substantial number of small entities. Statistical Bulletin No. 697 ‘‘Conversion comparability between imported and The Act (7 U.S.C. 4801–4819) Factors and Weights and Measures.’’ domestic assessments. The proposal was approved December 23, 1985, These conversion factors take into published with a request for comments authorized the establishment of a account the removal of bone, weight lost by July 13, 1998. No comments were national pork promotion, research, and in cooking or other processing, and the received. consumer information program. The nonpork components of pork products. This final rule provides for a 30-day program was funded by an initial Secondly, the carcass weight equivalent waiting period. This period is assessment rate of 0.25 percent of the is converted to a live animal equivalent appropriate because the final rule market value of all porcine animals weight by dividing the carcass weight simply provides for an adjustment in marketed in the United States and an equivalent by 70 percent, which is the the per pound assessment levels on equivalent amount of assessment on average dressing percentage of porcine imported pork and pork products to imported porcine animals, pork, and animals in the United States. Thirdly, reflect changes in live hog prices which pork products. However, that rate was the equivalent value of the live porcine occurred from 1996 to 1997. These live increased to 0.35 percent in 1991 (56 FR animal is determined by multiplying the hog prices form the basis for the 51635) and to 0.45 percent effective live animal equivalent weight by an assessments. These adjustments should September 3, 1995 (60 FR 29962). The annual average market price for barrows be made effective as soon as possible to final Order establishing a pork and gilts as reported by USDA, AMS, promote optimum equity. promotion, research, and consumer LGMN Branch. This average price is Accordingly, this final rule information program was published in published on a yearly basis during the establishes the new per-pound and per- the September 5, 1986, issue of the month of January in LGMN Branch’s kilogram assessments on imported pork Federal Register (51 FR 31898; as publication ‘‘Livestock, Meat, and Wool and pork products. corrected, at 51 FR 36383 and amended Weekly Summary and Statistics.’’ List of Subjects in 7 CFR Part 1230 at 53 FR 1909, 53 FR 30243, 56 FR 4, Finally, the equivalent value is 56 FR 51635, 60 FR 29962, 60 FR 33681, multiplied by the applicable assessment Administrative practice and and 60 FR 58501) and assessments rate of 0.45 percent due on imported procedure, Advertising, Agricultural began on November 1, 1986. pork and pork products. The end result research, Marketing agreement, Meat The Order requires importers of is expressed in an amount per pound for and meat products, Pork and pork porcine animals to pay the U.S. Customs each type of pork or pork product. To products. Service (USCS), upon importation, the determine the amount per kilogram for For the reasons set forth in the assessment of 0.45 percent of the pork and pork products subject to preamble, 7 CFR Part 1230 is amended animal’s declared value and importers assessment under the Act and Order, the as follows: of pork and pork products to pay USCS, cent per pound assessments are upon importation, the assessment of multiplied by a metric conversion factor PART 1230ÐPORK PROMOTION, 0.45 percent of the market value of the 2.2046 and carried to the sixth decimal. RESEARCH, AND CONSUMER live porcine animals from which such The formula in the preamble for the INFORMATION pork and pork products were produced. Order at 51 FR 31901 contemplated that 1. The authority citation for 7 CFR This final rule decreases the it would be necessary to recalculate the part 1230 continues to read as follows: assessments on all of the imported pork equivalent live animal value of and pork products subject to assessment imported pork and pork products to Authority: 7 U.S.C. 4801–4819. as published in the Federal Register as reflect changes in the annual average Subpart BÐ[Amended] a final rule May 13, 1997, and effective price of domestic barrows and gilts to June 12, 1997; (62 FR 26205). This maintain equity of assessments between 2. Section 1230.110 is revised to read decrease is consistent with the decrease domestic porcine animals and imported as follows: in the annual average price of domestic pork and pork products. barrows and gilts for calendar year 1997 The average annual market price § 1230.110 Assessments on imported pork and pork products. as reported by USDA, AMS, Livestock decreased from $52.77 in 1996 to $51.30 and Grain Market News (LGMN) in 1997, a decrease of about 3 percent. (a) The following HTS categories of Branch. This decrease in assessments This decrease will result in a imported live porcine animals are will make the equivalent market value corresponding decrease in assessments subject to assessment at the rate of the live porcine animal from which for all HTS numbers listed in the table specified. the imported pork and pork products in § 1230.110, 62 FR 26205; May 13, Live porcine were derived reflect the recent decrease 1997, of an amount equal to one- animals Assessment in the market value of domestic porcine hundredth of a cent per pound, or as animals, thereby promoting expressed in cents per kilogram, two- 0103.10.0000 0.45 percent Customs En- comparability between importer and hundredths of a cent per kilogram. tered Value. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45937

(b) The following HTS categories of Live porcine Assessment Live porcine Assessment animals animals imported pork and pork products are subject to assessment at the rates 0103.91.0000 0.45 percent Customs En- 0103.92.0000 0.45 percent Customs En- specified. tered Value. tered Value.

Assessment Pork and pork products Cents/lb Cents/kg

0203.11.0000 ...... 33 .727518 0203.12.1010 ...... 33 .727518 0203.12.1020 ...... 33 .727518 0203.12.9010 ...... 33 .727518 0203.12.9020 ...... 33 .727518 0203.19.2010 ...... 38 .837748 0203.19.2090 ...... 38 .837748 0203.19.4010 ...... 33 .727518 0203.19.4090 ...... 33 .727518 0203.21.0000 ...... 33 .727518 0203.22.1000 ...... 33 .727518 0203.22.9000 ...... 33 .727518 0203.29.2000 ...... 38 .837748 0203.29.4000 ...... 33 .727518 0206.30.0000 ...... 33 .727518 0206.41.0000 ...... 33 .727518 0206.49.0000 ...... 33 .727518 0210.11.0010 ...... 33 .727518 0210.11.0020 ...... 33 .727518 0210.12.0020 ...... 33 .727518 0210.12.0040 ...... 33 .727518 0210.19.0010 ...... 38 .837748 0210.19.0090 ...... 38 .837748 1601.00.2010 ...... 46 1.014116 1601.00.2090 ...... 46 1.014116 1602.41.2020 ...... 50 1.102300 1602.41.2040 ...... 50 1.102300 1602.41.9000 ...... 33 .727518 1602.42.2020 ...... 50 1.102300 1602.42.2040 ...... 50 1.102300 1602.42.4000 ...... 33 .727518 1602.49.2000 ...... 46 1.014116 1602.49.4000 ...... 38 .837748

Dated: August 24, 1998. revises Class E airspace at Intracoastal regulation would become effective on Barry L. Carpenter, City, LA. October 8, 1998. No adverse comments Deputy Administrator, Livestock and Seed EFFECTIVE DATE: The direct final rule were received, and thus this action Program. published at 63 FR 31351 is effective confirms that this direct final rule will [FR Doc. 98–23228 Filed 8–27–98; 8:45 am] 0901 UTC, October 8, 1998. be effective on that date. BILLING CODE 3410±02±P FOR FURTHER INFORMATION CONTACT: Issued in Fort Worth, TX, on August 21, Donald J. Day, Airspace Branch, Air 1998. Traffic Division, Southwest Region, JoEllen Casilio, Federal Aviation Administration, Fort Assistant Manager, Air Traffic Division, DEPARTMENT OF TRANSPORTATION Worth, TX 76193–0520, telephone: 817– Southwest Region. 222–5593. Federal Aviation Administration [FR Doc. 98–23143 Filed 8–27–98; 8:45 am] SUPPLEMENTARY INFORMATION: The FAA BILLING CODE 4910±13±M 14 CFR Part 71 published this direct final rule with a request for comments in the Federal Register on June 9, 1998 (63 FR 31351). DEPARTMENT OF TRANSPORTATION [Airspace Docket No. 98±ASW±24] The FAA uses the direct final Revision of Class E Airspace; rulemaking procedure for a non- Federal Aviation Administration Intracoastal City, LA controversial rule where the FAA believes that there will be no adverse 14 CFR Part 71 AGENCY: Federal Aviation public comment. This direct final rule [Airspace Docket No. 98±ASW±25] Administration (FAA), DOT. advised the public that no adverse ACTION: Direct final rule; confirmation of comments were anticipated, and that Revision of Class E Airspace; Venice, effective date. unless a written adverse comment, or a LA written notice of intent to submit such SUMMARY: This notice confirms the an adverse comment, were received AGENCY: Federal Aviation effective date of a direct final rule which within the comment period, the Administration (FAA), DOT. 45938 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

ACTION: Direct final rule; confirmation of Traffic Division, Southwest Region, public comment. This direct final rule effective date. Federal Aviation Administration, Forth advised the public that no adverse Worth, TX 76193–0520, telephone: 817– comments were anticipated, and that SUMMARY: This notice confirms the 222–5593. unless a written adverse comment, or a effective date of a direct final rule which SUPPLEMENTARY INFORMATION: The FAA written notice of intent to submit such revises Class E airspace at Venice, LA. published this direct final rule with a an adverse comment, were received EFFECTIVE DATE: The direct final rule request for comments in the Federal within the comment period, the published at 63 FR 31352 is effective Register on June 9, 1998 (63 FR 31353). regulation would become effective on 0901 UTC, October 8, 1998. The FAA uses the direct final October 8, 1998. No adverse comments FOR FURTHER INFORMATION CONTACT: rulemaking procedure for a non- were received, and thus this action Donald J. Day, Airspace Branch, Air controversial rule where the FAA confirms that this direct final rule will Traffic Division, Southwest Region, believes that there will be no adverse be effective on that date. Federal Aviation Administration, Fort public comment. This direct final rule Issued in Fort Worth, TX, on August 21, Worth, TX 76193–0520, telephone: 817– advised the public that no adverse 1998. 222–5593. comments were anticipated, and that JoEllen Casilio, SUPPLEMENTARY INFORMATION: The FAA unless a written adverse comment, or a Acting Manager, Air Traffic Division, published this direct final rule with a written notice of intent to submit such Southwest Region. request for comments in the Federal an adverse comment, were received [FR Doc. 98–23140 Filed 8–27–98; 8:45 am] Register on June 9, 1998 (63 FR 31352). within the comment period, the BILLING CODE 4910±13±M The FAA uses the direct final regulation would become effective on rulemaking procedure for a non- October 8, 1998. No adverse comments controversial rule where the FAA were received, and thus this action DEPARTMENT OF TRANSPORTATION believes that there will be no adverse confirms that this direct final rule will public comment. This direct final rule be effective on that date. Federal Aviation Administration advised the public that no adverse Issued in Forth Worth, TX, on August 21, 14 CFR Part 71 comments were anticipated, and that 1998. [Airspace Docket No. 98±ASW±28] unless a written adverse comment, or a JoEllen Casilio, written notice of intent to submit such Assistant Manager, Air Traffic Division, an adverse comment, were received Revision of Class E Airspace; Sabine Southwest Region. Pass, TX within the comment period, the [FR Doc. 98–23141 Filed 8–27–98; 8:45 am] regulation would become effective on BILLING CODE 4910±13±M AGENCY: Federal Aviation October 8, 1998. No adverse comments Administration (FAA), DOT. were received, and thus this action ACTION: Direct final rule; confirmation of confirms that this direct final rule will DEPARTMENT OF TRANSPORTATION effective dates. be effective on that date. SUMMARY: Issued in Fort Worth, TX, on August 21, Federal Aviation Administration This notice confirms the 1998. effective date of a direct final rule which 14 CFR Part 71 JoEllen Casilio, revises Class E airspace at Sabine Pass, TX. Assistant Manager, Air Traffic Division, [Airspace Docket No. 98±ASW±27] Southwest Region. EFFECTIVE DATE: The direct final rule [FR Doc. 98–23142 Filed 8–27–98; 8:45 am] Revision of Class E Airspace; Leeville, published at 63 FR 31619 is effective LA 0901 UTC, October 8, 1998. BILLING CODE 4910±13±M FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation Donald J. Day, Airspace Branch, Air Administration (FAA), DOT. DEPARTMENT OF TRANSPORTATION Traffic Division, Southwest Region, ACTION: Direct final rule; confirmation of Federal Aviation Administration, Fort Federal Aviation Administration effective date. Worth, TX 76193–0520, telephone: 817– 222–5593. 14 CFR Part 71 SUMMARY: This notice confirms the effective date of a direct final rule which SUPPLEMENTARY INFORMATION: The FAA [Airspace Docket No. 98±ASW±26] revises Class E airspace at Leeville, LA. published this direct final rule with a request for comments in the Federal EFFECTIVE DATE: Establishment of Class E Airspace; The direct final rule Register on June 10, 1998 (63 FR 31619). Grand Chenier, LA published at 63 FR 31620 is effective The FAA uses the direct final 0901 UTC, October 8, 1998. rulemaking procedure for a non- AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: controversial rule where the FAA Administration (FAA), DOT. Donald J. Day, Airspace Branch, Air believes that there will be no adverse ACTION: Direct final rule; confirmation of Traffic Division, Southwest Region, public comment. This direct final rule effective date. Federal Aviation Administration, Fort advised the public that no adverse Worth, TX 76193–0520, telephone: 817– comments were anticipated, and that SUMMARY: This notice confirms the 222–5593. unless a written adverse comment, or a effective date of a direct final rule which SUPPLEMENTARY INFORMATION: The FAA written notice of intent to submit such establishes Class E airspace at Grand published this direct final rule with a an adverse comment, were received Chenier, LA. request for comments in the Federal within the comment period, the EFFECTIVE DATE: The direct final rule Register on June 10, 1998 (63 FR 31620). regulation would become effective on published at 63 FR 31353 is effective The FAA uses the direct final October 8, 1998. No adverse comments 0901 UTC, October 8, 1998. rulemaking procedure for a non- were received, and thus this action FOR FURTHER INFORMATION CONTACT: controversial rule where the FAA confirms that this direct final rule will Donald J. Day, Airspace Branch, Air believes that there will be no adverse be effective on that date. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45939

Issued in Fort Worth, TX, on August 21, DEPARTMENT OF COMMERCE Budget (OMB), Washington, D.C. 20502 1998. (ATTN: NOAA Desk Officer). JoEllen Casilio, National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Paul Assistant Manager, Air Traffic Division, Administration H. Jones, Fishery Policy Analyst, 978– Southwest Region. 281–9273. 15 CFR Part 902 [FR Dos. 98–23139 Filed 8–27–98; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4910±13±M 50 CFR Part 648 Background [Docket No. 980817220±8220±01; I.D. Regulations implementing DEPARTMENT OF TRANSPORTATION 081098A] Amendment 5 to the FMP (62 FR 1829) RIN 0648±AL17 were published on January 14, 1997. Federal Aviation Administration Details of that action are described in Fisheries of the Northeastern United the preamble to the final rule and will 14 CFR Part 71 States; Framework 10 to the Atlantic not be repeated here. The final rule Sea Scallop Fishery Management Plan closed a 9 mi 2 (23.31 km 2) area closure [Airspace Docket No. 98±ASW±29] approximately 12 mi (22.22 km) AGENCY: National Marine Fisheries southwest of the island of Martha’s Revision of Class E Airspace; Grand Service (NMFS), National Oceanic and Vineyard, MA, to transiting and fishing Isle, LA Atmospheric Administration (NOAA), with other than handgear for an 18- Commerce. month period to allow for the conduct AGENCY: Federal Aviation ACTION: Final rule. of a NMFS-sponsored sea scallop Administration (FAA), DOT. aquaculture research project. The final SUMMARY: NMFS issues this final rule to rule provided for exemptions from the ACTION: Direct final rule; confirmation of implement measures contained in effective date. closure for vessels using certain gear Framework Adjustment 10 to the types and for vessels participating in the Atlantic Sea Scallop Fishery project. The final rule provided SUMMARY: This notice confirms the Management Plan (FMP). These temporary exemptions for vessels effective date of a direct final rule which 2 regulations extend the closure of a 9 mi participating in the project from certain revises Class E airspace at Grand Isle, 2 (23.31 km ) site to transiting and fishing fishing regulations, which may have LA. with other than hand gear for an 18- inhibited or prevented their month period to allow for the conduct EFFECTIVE DATE: The direct final rule participation. of a NMFS-sponsored sea scallop published at 63 FR 31355 is effective Current scallop regulations allow for aquaculture research project. This rule 0901 UTC, October 8, 1998. the adjustment of management provides for exemptions from the measures, as necessary to meet or FOR FURTHER INFORMATION CONTACT: closure for vessels using certain gear achieve consistency with the FMP’s Donald J. Day, Airspace Branch, Air types and for vessels participating in the goals and objectives. The regulations Traffic Division, Southwest Region, project. Finally, this rule provides for authorize the New England Fishery Federal Aviation Administration, Fort the temporary exemption for vessels Management Council (Council) to Worth, TX 76193–0520, telephone: 817– participating in the project from certain recommend adjustments to any of the 222–5593. fishing regulations that might inhibit or measures currently in the FMP. prevent their participation. This action SUPPLEMENTARY INFORMATION: The FAA Framework Adjustment 10 continues is intended to support an aquaculture published this direct final rule with a the experimental closure established research project and prevent conflicts request for comments in the Federal under Amendment 5 to the FMP. The between fishing gear and project Register on June 9, 1998 (63 FR 31355). success of the experiment is dependent equipment for the limited duration of The FAA uses the direct final on retaining the restrictions established the research project. rulemaking procedure for a non- by Amendment 5. The objective of the controversial rule where the FAA DATES: Effective August 28, 1998 project is to obtain a comprehensive believes that there will be no adverse through February 28, 2000. understanding of issues associated with public comment. This direct final rule ADDRESSES: Copies of Amendment 5 to scallop seeding and grow-out. These advised the public that no adverse the FMP (Amendment 5), its regulatory activities and required environmental comments were anticipated, and that impact review and the final regulatory monitoring require the continuation of unless a written adverse comment, or a flexibility analysis, its final restricted activities within the written notice of intent to submit such supplemental environmental impact experimental area. Without controls on an adverse comment, were received statement, and the supporting fishing, expensive grow-out and within the comment period, the documents for Framework Adjustment monitoring equipment could be regulation would become effective on 10 are available from Paul J. Howard, inadvertently destroyed by towed gear. October 8, 1998. No adverse comments Executive Director, New England The Council requests publication of were received, and thus this action Fishery Management Council, 5 the management measures as a final rule confirms that this direct final rule will Broadway (Route 1), Saugus, MA after considering the required factors be effective on that date. 01906–1097. stipulated in the regulations governing Comments regarding burden-hour the Atlantic sea scallop fishery and Issued in Fort Worth, TX, on August 21, estimates for collection-of-information providing supporting analysis for each 1998. requirements contained in this final rule factor considered. The Administrator, JoEllen Casilio, should be sent to Jon Rittgers, Acting Northeast Region, NMFS (Regional Assistant Manager, Air Traffic Division, Regional Administrator, 1 Blackburn Administrator) concurs with the Southwest Region. Drive, Gloucester, MA 01930, and the Council’s recommendation and has [FR Doc. 98–23138 Filed 8–27–98; 8:45 am] Office of Information and Regulatory determined that Framework Adjustment BILLING CODE 4910±13±M Affairs, Office of Management and 10 should be published as a final rule. 45940 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

NMFS is adjusting the scallop manner to prevent possible damage to Dated: August 24, 1998. regulations following the procedure for expensive grow-out and monitoring Rolland A. Schmitten, framework adjustments established by equipment inadvertently destroyed by Assistant Administrator for Fisheries, Amendment 4 and codified in 50 CFR towed gear constitutes good cause under National Marine Fisheries Service. part 648. The Council followed this 5 U.S.C. 553(d)(3) to waive the 30-day For the reasons set out in the procedure when making adjustments to delay in effectiveness. preamble, 15 CFR Chapter IX and 50 the FMP by developing and analyzing CFR Chapter VI are amended as follows: the actions over the span of a minimum Because prior notice and opportunity of two Council meetings held on April for public comment are not required for 15 CFR CHAPTER IX 15–16, 1998, and May 20–21, 1998. this rule by 5 U.S.C. 553 or by any other law, the analytical requirements of the PART 902ÐNOAA INFORMATION Comments and Responses Regulatory Flexibility Act, 5 U.S.C. 601 COLLECTION REQUIREMENTS UNDER The April 1998 Council meeting was et seq., are inapplicable. THE PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS the first of two meetings that provided Notwithstanding any other provision an opportunity for public comment on of law, no person is required to respond 1. The authority citation for part 902 Framework Adjustment 10. A draft to nor shall a person be subject to a continues to read as follows: document containing the proposed penalty for failure to comply with a management measures and their Authority: 44 U.S.C. 3501 et seq. collection of information subject to the rationale was available to the public 2. In § 902.1, paragraph (b), the table requirements of the Paperwork during the third week in May 1998. is amended by adding in the left column Reduction Act (PRA) unless that Notification of the initial and final under 50 CFR, the entry ‘‘648.56’’, and Council meetings were mailed to collection of information displays a in the right column, in the approximately 1,900 people and were currently valid OMB control number. corresponding position, the control published in the Federal Register. This rule contains one collection-of- number ‘‘¥0321’’ to read as follows: Individuals and associations information requirement subject to the representing user groups who initially PRA. This collection-of-information § 902.1 OMB control numbers assigned pursuant to the Paperwork Reduction Act. objected to the original location of the requirement has been approved by Sea Scallop Experimental Area were OMB, and the OMB control number and * * * * * also contacted by mail. The final public public reporting burden are listed as (b) * * * hearing was held on May 20–21, 1998. follows: Sea Scallop Experimental Area Current Testimony provided by industry authorization request, (0.5 hours/ CFR part or section where the OMB con- members at the public meetings favored response) under OMB control number trol number the framework adjustment. There were information collection require- 0648–0321. ment is located (all numbers no negative comments. begin with Under NOAA Administrative Order The estimated response time includes 0648¥) 205–11, 7.01, dated December 17, 1990, the time needed for reviewing instructions, searching existing data the Under Secretary for Oceans and ***** Atmosphere has delegated to the sources, gathering and maintaining the 50 CFR Assistant Administrator for Fisheries, data needed, and completing and NOAA (AA), the authority to sign reviewing the collection-of-information. ***** material for publication in the Federal Public comment is sought regarding: § 648.56 ...... 0321 Register. whether this collection of information is ***** Classification necessary for the proper performance of the functions of the agency, including 50 CFR CHAPTER VI The Regional Administrator whether the information has practical determined that this final rule is utility; the accuracy of the burden necessary for the conservation and PART 648ÐFISHERIES OF THE estimate; ways to enhance the quality, management of the Atlantic sea scallop NORTHEASTERN UNITED STATES utility, and clarity of the information to fishery and that it is consistent with the be collected; and ways to minimize the 3. The authority citation for part 648 Magnuson-Stevens Fishery continues to read as follows: Conservation and Management Act and burden of the collection of information, other applicable law. including through the use of automated Authority: 16 U.S.C. 1801 et seq. This final rule has been determined to collection techniques or other forms of 4. In § 648.14, paragraph (a)(97) is be not significant for the purposes of information technology. Send comments added to read as follows: E.O. 12866. regarding this burden estimate, or any The AA finds that there is good cause other aspect of this data collection to § 648.14 Prohibitions. to waive prior notice and opportunity NMFS and OMB (see ADDRESSES). (a) * * * for comment under 5 U.S.C. 553(b)(B) (97) Fish in or transit the Scallop because such procedures would be List of Subjects Experimental Area defined in unnecessary. Public meetings held by 15 CFR Part 902 § 648.56(a)(1), except as provided for in the Council to discuss the management § 648.56 (a)(2) and (a)(3). measures implemented by this rule Reporting and recordkeeping * * * * * provided adequate prior notice and an requirements. 5. Section 648.56 is added to subpart opportunity for public comment to be 50 CFR Part 648 D to read as follows: heard and considered; therefore, further § 648.56 Scallop research project. notice and opportunity to comment Fisheries, Fishing, Reporting and before this rule is effective is recordkeeping requirements. (a)(1) Scallop experimental area. unnecessary. Similarly, the need to From August 28, 1998 through February implement these measures in a timely 28, 2000, no fishing vessel or person on Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45941 a fishing vessel may transit or fish with to an additional 2 DAS per year when SUMMARY: The Federal Trade other than handgear in the area known collecting and transporting undersized Commission (‘‘Commission’’) amends as the Sea Scallop Experimental Area, as scallops to the Sea Scallop Experimental its Appliance Labeling Rule by defined by straight lines connecting the Area; and do any other activity publishing new ranges of comparability following points in the order stated, necessary to project operations for to be used on required labels for except as described in paragraphs (a)(2) which an exemption from regulatory instantaneous water heaters. The and (a)(3) of this section: provision is required. Vessels issued an Commission also announces that the EFP must comply with all conditions current ranges of comparability for room Point Latitude Longitude and restrictions specified in the permit. air conditioners, storage-type water (iii) A vessel with an AGP or EFP heaters, heat pump water heaters, pool 1 ...... 41°11.8′ N. 70°50′ W. ° ′ ° ′ must carry the permit on board the heaters, furnaces, boilers, and 2 ...... 41 11.8 N. 70 46 W. vessel while fishing in the Sea Scallop dishwashers will remain in effect until 3 ...... 41°08.8′ N. 70°46′ W. 4 ...... 41°08.8′ N. 70°50′ W. Experimental Area or participating in further notice. the scallop aquaculture project. EFFECTIVE DATE: November 27, 1998. (2) Exemptions. A fishing vessel and (iv) The Regional Administrator may FOR FURTHER INFORMATION CONTACT: persons on a fishing vessel may transit not issue an AGP or EFP unless he James Mills, Attorney, Division of or fish in the Sea Scallop Experimental determines that issuance is consistent Enforcement, Federal Trade Area under the following conditions with the objectives of the FMP, the Commission, Washington, DC 20580 only: provisions of the Magnuson-Stevens (202–326–3035). (i) The vessel has been issued an Act, and other applicable law and will SUPPLEMENTARY INFORMATION: The allowed gear permit (AGP) under not: Appliance Labeling Rule (‘‘Rule’’) was (A) Have a detrimental effect on the paragraph (a)(4)(i) of this section and is issued by the Commission in 1979 (44 sea scallop resource and fishery; FR 66466 (Nov. 19, 1979)) in response fishing with pot gear, traps, longline (B) Create significant enforcement to a directive in the Energy Policy and gear, or any other gear determined by problems; or Conservation Act of 1975.1 The Rule the Regional Administrator as unlikely (C) Have a detrimental effect on the covers eight categories of major to interfere with the sea scallop scallop project. aquaculture research project in the Sea (5) Application. An application for an household appliances: refrigerators and Scallop Experimental Area; or AGP or EFP must be in writing to the refrigerator-freezers, freezers, (ii) The vessel has been issued an Regional Administrator and be dishwashers, clothes washers, water experimental fishing permit (EFP) under submitted at least 30 days before the heaters (this category includes storage- paragraph (a)(4)(i) of this section to desired effective date of the permit. The type water heaters, instantaneous water participate in the sea scallop application must include, but is not heaters, and heat pump water heaters), aquaculture research project in the Sea limited to, the following information: room air conditioners, furnaces (this Scallop Experimental Area. (i) The date of application. category includes boilers), and central (3) Transiting. Vessels that are not (ii) The applicant’s name, current air conditioners (this category includes exempted from the prohibition against address, telephone number and fax heat pumps). The Rule also covers pool transiting and fishing in the Sea Scallop number, if applicable. heaters (59 FR 49556 (Sept. 28, 1994)), Experimental Area under paragraph (iii) The current vessel name, owner and contains requirements that pertain (a)(2) of this section may transit such address, and telephone number. to fluorescent lamp ballasts (54 FR area provided that their gear is stowed (iv) The vessel’s Federal permit 28031 (July 5, 1989)), certain plumbing in accordance with the provisions of number. products (58 FR 54955 (Oct. 25, 1993)), § 648.81(e). (v) The USCG documentation number. and certain lighting products (59 FR (4) Allowed gear and experimental (vi) The species (target and incidental) 25176 (May 13, 1994)). fishing permits—(i) Allowed gear expected to be harvested. The Rule requires manufacturers of all permits. The Regional Administrator (vii) The gear type, size, buoy colors, covered appliances and pool heaters to may issue an AGP to any vessel to fish trap identification markings and amount disclose specific energy consumption or within the Sea Scallop Experimental of gear that will be used; and exact efficiency information (derived from the Area with the gear specified in time(s) fishing will take place in the Sea DOE test procedures) at the point of sale paragraph (a)(2)(i) of this section. Scallop Experimental Area. in the form of an ‘‘EnergyGuide’’ label Vessels receiving AGPs may be required (viii) The signature of the applicant. and in catalogs. It also requires to move their gear within, or remove (b) [Reserved] manufacturers of furnaces, central air their gear from, the area upon [FR Doc. 98–23181 Filed 8–27–98; 8:45 am] conditioners, and heat pumps either to notification by the Regional BILLING CODE 3510±22±P provide fact sheets showing additional Administrator and must comply with cost information, or to be listed in an any additional restrictions specified in industry directory showing the cost the permit. FEDERAL TRADE COMMISSION information for their products. The Rule (ii) Experimental fishing permits. The requires that manufacturers include, on Regional Administrator may issue an 16 CFR Part 305 labels and fact sheets, an energy EFP under the provisions of § 648.12, consumption or efficiency figure and a and consistent with paragraph (a)(4)(iv) Rule Concerning Disclosures ‘‘range of comparability.’’ This range of this section, to any vessel Regarding Energy Consumption and shows the highest and lowest energy participating in the sea scallop Water Use of Certain Home Appliances consumption or efficiencies for all aquaculture research project to engage and Other Products Required Under comparable appliance models so in any of the following activities; fish in the Energy Policy and Conservation the Sea Scallop Experimental Area; use Act (``Appliance Labeling Rule'') 1 42 U.S.C. 6294. The statute also requires DOE fishing gear that does not conform to the to develop test procedures that measure how much AGENCY: Federal Trade Commission. energy the appliances use, and to determine the regulations; possess scallops when not ACTION: Final rule. representative average cost a consumer pays for the fishing under a DAS allocation; use up different types of energy available. 45942 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations consumers can compare the energy manufacturers of storage-type water cents per gallon) that were published by consumption or efficiency of other heaters, furnaces, and boilers must DOE on November 18, 1996 (61 FR models (perhaps competing brands) continue to use the ranges that were 58679), and the Commission on similar to the labeled model. The Rule published on September 23, 1994, and February 5, 1997 (62 FR 5316). requires that manufacturers also that manufacturers of storage-type water The data submission for include, on labels for some products, a heaters must continue to base the instantaneous water heaters has resulted secondary energy usage disclosure in disclosures of estimated annual in new ranges of comparability figures the form of an estimated annual operating cost required at the bottom of for these products, which will operating cost based on a specified DOE Energy Guides for these products on the supersede the current ranges.4 national average cost for the fuel the 1994 Representative Average Unit Costs In consideration of the foregoing, the appliance uses. of Energy for electricity (8.41 cents per Commission revises Appendix D4 of Section 305.8(b) of the Rule requires kilo Watt-hour), natural gas (60.4 cents Part 305 by publishing the following manufacturers, after filing an initial per therm), propane (98 cents per ranges of comparability for use in report, to report annually (by specified gallon), and/or No. 2 heating oil ($1.05 required disclosures (including labeling) 2 dates for each product type) the per gallon) that were published by DOE for instantaneous water heaters estimated annual energy consumption on December 29, 1993 (58 FR 68901), manufactured on or after November 27, or energy efficiency ratings for the and by the Commission on February 8, 1998. In addition, as of this effective appliances derived from tests performed 1994 (59 FR 5699). Manufacturers of date, manufacturers of instantaneous pursuant to the DOE test procedures. heat pump water heaters and pool water heaters must base the disclosures Because manufacturers regularly add heaters must continue to use the ranges of estimated annual operating cost new models to their lines, improve that were published on August 21, 1995. required at the bottom of Energy Guides existing models, and drop others, the Manufacturers of room air conditioners for instantaneous water heaters on the data base from which the ranges of must continue to use the corrected 1998 Representative average Unit Costs comparability are calculated is ranges for room air conditioners that of Energy for electricity (8.42 cents per constantly changing. Under Section kilo Watt-hour), natural gas (61.9 cents 305.10 of the Rule, to keep the required were published on November 13, 1995. Manufacturers of heat pump water per therm), propane (95 cents per information on labels consistent with gallon), and/or No. 2 heating oil (95 these changes, the Commission heaters, pool heaters, and room air conditioners must continue to base the cents per gallon) that were published by publishes new ranges (but not more DOE on December 8, 1997 (62 FR often than annually) if an analysis of the disclosures of estimated annual 64574), and by the Commission on new information indicates that the operating cost required at the bottom of December 29, 1997 (62 FR 67560). upper or lower limits of the ranges have Energy Guides for these products on the 1995 Representative average Unit Costs changed by more than 15%. Otherwise, List of Subjects in 16 CFR part 305 the Commission publishes a statement of Energy for electricity (8.67 cents per that the prior ranges remain in effect for kilo Watt-hour), natural gas (63 cents Advertising, Energy conservation, the next year. per therm), propane (98.5 cents per Household appliances, Labeling, The annual submissions of data for gallon), and/or No. 2 heating oil ($1.008 Reporting and recordkeeping room air conditioners, water heaters per gallon) that were published by DOE requirements. (including storage-type, instantaneous, on January 5, 1995 (60 FR 1773), and by Accordingly, 16 CFR Part 305 is and heat pump water heaters), furnaces, the Commission on February 17, 1995 amended as follows: boilers, pool heaters, and dishwashers (60 FR 9295). Manufacturers of have been made and have been analyzed dishwashers must continue to use the PART 305Ð[AMENDED] by the Commission. ranges that were published on August The ranges of comparability for room 25, 1997, and must continue to base the 1. The authority citation for Part 305 air conditioners, storage-type water disclosures of estimated annual continues to read as follows: heaters, heat pump water heaters, operating cost required at the bottom of Authority: 42 U.S.C. 6294. furnaces, boilers, dishwashers, and pool Energy Guides for these product on the 2. Appendix D4 to Part 305 is revised heaters have not changed by more than 1997 Representative Average Unit Costs to read as follows: 15% from the current ranges for these of Energy for electricity (8.31 cents per products. Therefore, the current ranges kilo Watt-hour), natural gas (61.2 cents Appendix D4 to Part 305—Water for these products will remain in effect per therm), propane (98 cents per Heaters—Instantaneous—Gas until further notice.3 This means that gallon), and/or No. 2 heating oil (99 Range Information:

Capacity Range of estimated annual energy consumption (therms/yr. and gallons/yr.)

First hour rating Natural gas therms/yr. Propane gallons/yr. Low High Low High

Less than 21 ...... (*) (*) (*) (*) 21 to 24 ...... (*) (*) (*) (*) 25 to 29 ...... (*) (*) (*) (*)

2 Reports for room air conditioners, water heaters and room air conditioners (originally) were 4 The current ranges for instantaneous water (storage-type, instantaneous, and heat pump-type), published on August 21, 1995 (60 FR 43367). A heaters were published on September 16, 1996 (61 furnaces, boilers, and pool heaters are due May 1. corrected version of the ranges for room air FR 48620). Because the Commission has never Reports for dishwashers are due June 1. conditioners was published on November 13, 1995 received any submissions of data for oil-fired 3 The current ranges for storage-type water (60 FR 56945, at 56949). The current ranges for instantaneous water heaters, the ranges for these products show ‘‘no data submitted’’ for all size heaters, furnaces, and boilers were published on dishwashers were published on August 25, 1997 (62 September 23, 1994 (59 FR 48796). The current categories. The Commission will not, therefore, FR 44890). ranges for heat pump water heaters, pool heaters, amend the ranges for oil-fired instantaneous water heaters because they have not changed. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45943

Capacity Range of estimated annual energy consumption (therms/yr. and gallons/yr.)

First hour rating Natural gas therms/yr. Propane gallons/yr. Low High Low High

30 to 34 ...... (*) (*) (*) (*) 35 to 40 ...... (*) (*) (*) (*) 41 to 47 ...... (*) (*) (*) (*) 48 to 55 ...... (*) (*) (*) (*) 56 to 64 ...... (*) (*) (*) (*) 65 to 74 ...... (*) (*) (*) (*) 75 to 86 ...... (*) (*) (*) (*) 87 to 99 ...... (*) (*) (*) (*) 100 to 114 ...... 230 234 252 256 115 to 131 ...... (*) (*) (*) (*) Over 131 ...... 161 238 184 260 *No data submitted.

By direction of the Commission. Subpart EÐAppeals or Objections to Dated: August 20, 1998. Donald S. Clark, Decisions of the Executive Director in Susan M. Weisman, Secretary. Water Quality Cases Secretary. [FR Doc. 98–23150 Filed 8–27–98; 8:45 am] [FR Doc. 98–23048 Filed 8–21–98; 8:45 am] BILLING CODE 6750±01±M 3. In § 401.72, the first sentence is BILLING CODE 6360±01±P revised to read as follows:

§ 401.72 Notice and request for hearing. DELAWARE RIVER BASIN DEPARTMENT OF HEALTH AND COMMISSION The Executive Director shall serve HUMAN SERVICES notice of an action or decision by him 18 CFR Part 401 under the regulations in this chapter by Food and Drug Administration personal service or certified mail, return Rules of Practice and Procedure receipt requested. * ** 21 CFR Part 74 AGENCY: Delaware River Basin 4. § 401.74(b)(6) is revised to read as [Docket No. 95C±0399] Commission. follows: ACTION: Correcting amendments. Listing of Color Additives for Coloring § 401.74 Form and contents of report. Sutures; D&C Violet No. 2; SUMMARY: This document contains * * * * * Confirmation of Effective Date corrections to the final regulations (b) * * * which were published in the Federal AGENCY: Food and Drug Administration, Register on Thursday, December 4, 1997 (6) An analysis of all the parameters HHS. that may have an effect on the strength (62 FR 64154). ACTION: Final rule; confirmation of DATES: Effective August 28, 1998. of the waste or impinge upon the water effective date. quality criteria set forth in the FOR FURTHER INFORMATION CONTACT: Susan M. Weisman, Commission regulations in this chapter, including a SUMMARY: The Food and Drug Secretary. Telephone (609) 883–9500 determination of the rate of biochemical Administration (FDA) is confirming the ext. 203. oxygen demand and the projection of a effective date of May 27, 1998, for the first-stage carbonaceous oxygen final rule that amended the color SUPPLEMENTARY INFORMATION: demand; additive regulations to provide for the List of Subjects in 18 CFR Part 401 5. In § 401.106, the address is revised safe use of D&C Violet No. 2 as a color Administrative practice and to read as follows: additive in glycolide/dioxanone/ procedure, Environmental impact trimethylene carbonate tripolymer statements, Freedom of information, § 401.106 FOIA Officer. absorbable sutures for general surgery. Water pollution control, Water * * * * * DATES: Effective date confirmed: May resources. FOIA Officer, Delaware River Basin 27, 1998. Accordingly, 18 CFR part 401 is Commission, P.O. Box 7360, West Trenton, FOR FURTHER INFORMATION CONTACT: corrected by making the following NJ 08628–0360. Ellen M. Waldron, Center for Food correcting amendments: Safety and Applied Nutrition (HFS– 6. § 401.112(e) is revised to read as 215), Food and Drug Administration, PART 401ÐRULES OF PRACTICE AND follows: 200 C St. SW., Washington, DC 20204, PROCEDURE § 401.112 Exempt information. 202–418–3089. SUPPLEMENTARY INFORMATION: 1. The authority citation for part 401 * * * * * In the continues to read as follows: Federal Register of April 23, 1998 (63 (e) Personnel and medical files and FR 20096), FDA amended the color Authority: Delaware River Basin Compact, similar files the disclosure of which additive regulations in § 74.3602 D&C 75 Stat. 688. would constitute a clearly unwarranted Violet No. 2 (21 CFR 74.3602) to provide 2. Subpart E heading is revised to read invasion of personal privacy; and for the safe use of D&C Violet No. 2 as as follows: * * * * * a color additive in glycolide/dioxanone/ 45944 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations trimethylene carbonate tripolymer 64506–0457, is the sponsor of ANADA Dated: August 17, 1998. absorbable sutures for general surgery. 200–118 that provides for the use of Andrew J. Beaulieu, FDA gave interested persons until neomycin sulfate soluble powder and Acting Director, Office of New Animal Drug May 26, 1998, to file objections or oral solution as a drench in milk, or in Evaluation, Center for Veterinary Medicine. requests for a hearing. The agency drinking water for the treatment and [FR Doc. 98–23108 Filed 8–27–98; 8:45 am] received no objections or requests for a control of colibacillosis in cattle BILLING CODE 4160±01±F hearing on the final rule. Therefore, (excluding veal calves), swine, sheep, FDA finds that the effective date of the and goats. The sponsor filed a final rule that published in the Federal supplement that provides for the revised DEPARTMENT OF HEALTH AND Register of April 23, 1998, should be withdrawal periods for the use of the HUMAN SERVICES confirmed. generic product to be identical to that of Food and Drug Administration List of Subjects in 21 CFR Part 74 the pioneer product. Color additives, Cosmetics, Drugs. The supplemental ANADA is 21 CFR Part 520 Therefore, under the Federal Food, approved as a generic copy of Pharmacia & Upjohn’s NADA 011–315 Oral Dosage Form New Animal Drugs; Drug, and Cosmetic Act (21 U.S.C. 321,  341, 342, 343, 348, 351, 352, 355, 361, Neomix . Supplemental ANADA 200– Pyrantel Pamoate Suspension 362, 371, 379e) and under authority 118 is approved as of July 14, 1998, and the regulations are amended in 21 CFR AGENCY: Food and Drug Administration, delegated to the Commissioner of Food HHS. and Drugs (21 CFR 5.10), notice is given 520.1485 to reflect the approval for the ACTION: Final rule. that no objections or requests for a neomycin sulfate solution. The basis for approval is discussed in the freedom of hearing were filed in response to the SUMMARY: The Food and Drug information summary. April 23, 1998, final rule. Accordingly, Administration (FDA) is amending the the amendments issued thereby became In accordance with the freedom of animal drug regulations to reflect effective May 27, 1998. information provisions of 21 CFR part approval of an abbreviated new animal Dated: August 13, 1998. 20 and 514.11(e)(2)(ii), a summary of drug application (ANADA) filed by William K. Hubbard, safety and effectiveness data and Phoenix Scientific, Inc. The ANADA information submitted to support Associate Commissioner for Policy provides for use of pyrantel pamoate Coordination. approval of this application may be seen suspension for removal of large in the Dockets Management Branch [FR Doc. 98–23106 Filed 8–27–98; 8:45 am] roundworms and hookworms and to (HFA–305), Food and Drug prevent reinfections of Toxocara canis BILLING CODE 4160±01±F Administration, 5630 Fishers Lane, rm. in puppies and adult dogs and in 1061, Rockville, MD 20852, between 9 lactating bitches after whelping. DEPARTMENT OF HEALTH AND a.m. and 4 p.m., Monday through EFFECTIVE DATE: August 28, 1998. Friday. HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: The agency has determined under 21 Lonnie W. Luther, Center for Veterinary Food and Drug Administration CFR 25.33(a)(1) that this action is of a Medicine (HFV–102), Food and Drug type that does not individually or Administration, 7500 Standish Pl., 21 CFR Part 520 cumulatively have a significant effect on Rockville, MD 20855, 301–827–0209. the human environment. Therefore, Oral Dosage Form New Animal Drugs; SUPPLEMENTARY INFORMATION: Phoenix neither an environmental assessment Neomycin Sulfate Soluble Powder and Scientific, Inc., 3915 South 48th St. nor an environmental impact statement Oral Solution Terrace, P.O. Box 6457, St. Joseph, MO is required. 64506–0457 has filed ANADA 200–248 AGENCY: Food and Drug Administration, List of Subjects in 21 CFR Part 520 that provides for oral use of pyrantel HHS. pamoate suspension for removal of large ACTION: Final rule. Animal drugs. roundworms (T. canis and Toxascaris leonina) and hookworms (Ancylostoma SUMMARY: The Food and Drug Therefore, under the Federal Food, caninum and Uncinaria stenocephala) Administration (FDA) is amending the Drug, and Cosmetic Act and under and to prevent reinfections of T. canis animal drug regulations to reflect authority delegated to the Commissioner in puppies and adult dogs and in approval of a supplemental abbreviated of Food and Drugs and redelegated to lactating bitches after whelping. new animal drug application (ANADA) the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: The ANADA is approved as a generic filed by Phoenix Scientific, Inc. The copy of Pfizer, Inc.’s NADA 100–237 supplemental ANADA provides for PART 520ÐORAL DOSAGE FORM NemexTM and Nemex-2TM (pyrantel revised withdrawal times for oral NEW ANIMAL DRUGS pamoate) suspension. ANADA 200–248 solution as a drench and in drinking is approved as of July 16, 1998, and the water for the treatment and control of 1. The authority citation for 21 CFR regulations are amended in 21 CFR colibacillosis in cattle (excluding veal part 520 continues to read as follows: 520.2043(b)(2) to reflect the approval. calves), swine, sheep, and goats. Authority: 21 U.S.C. 360b. The basis for approval is discussed in EFFECTIVE DATE: August 28, 1998. the freedom of information summary. FOR FURTHER INFORMATION CONTACT: In accordance with the freedom of § 520.1485 [Amended] Lonnie W. Luther, Center for Veterinary information provisions of 21 CFR part Medicine (HFV–102), Food and Drug 3. Section 520.1485 Neomycin sulfate 20 and 514.11(e)(2)(ii), a summary of Administration, 7500 Standish Pl., oral solution is amended in paragraph safety and effectiveness data and Rockville, MD 20855, 301–827–0209. (d)(3) by removing ‘‘For sponsor 059130: information submitted to support SUPPLEMENTARY INFORMATION: Phoenix 30 days for cattle and goats, and 20 days approval of this application may be seen Scientific, Inc., 3915 South 48th St. for swine and sheep; for sponsors in the Dockets Management Branch Terrace, P.O. Box 6457, St. Joseph, MO 000009 and 050604:’’. (HFA–305), Food and Drug Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45945

Administration, 5630 Fishers Lane, rm. EFFECTIVE DATE: August 28, 1998. § 522.1940 Progesterone and estradiol benzoate in combination. 1061, Rockville, MD 20852, between 9 FOR FURTHER INFORMATION CONTACT: Jack a.m. and 4 p.m., Monday through Caldwell, Center For Veterinary * * * * * Friday. Medicine (HFV–126), Food and Drug (d) * * * The agency has determined under 21 Administration, 7500 Standish Pl., (3) Steers fed in confinement for CFR 25.33(a)(1) that this action is of a Rockville, MD 20855, 301–827–0217. slaughter—(i) Amount. Reimplant 200 type that does not individually or milligrams of progesterone and 20 SUPPLEMENTARY INFORMATION: Fort milligrams of estradiol benzoate on cumulatively have a significant effect on Dodge Animal Health, Division of approximately day 70 following an the human environment. Therefore, American Home Products Corp., 800 initial implant of 100 milligrams of neither an environmental assessment Fifth St., NW., P.O. Box 518, Fort progesterone and 10 milligrams of nor an environmental impact statement Dodge, IA 50501, filed supplemental estradiol benzoate or 200 milligrams of is required. NADA 9–576 that provides for use of progesterone and 20 milligrams of Synovex S (200 milligrams (mg) List of Subjects in 21 CFR Part 520 estradiol benzoate. Animal drugs. progesterone and 20 mg estradiol (ii) Indications for use. For additional Therefore, under the Federal Food, benzoate) implanted in the ear of steers improvement in rate of weight gain. Drug, and Cosmetic Act and under fed in confinement for slaughter at (iii) Limitations. For subcutaneous ear authority delegated to the Commissioner approximately day 70 following initial implantation.  of Food and Drugs and redelegated to implant of Synovex C (100 mg progesterone and 10 mg estradiol Dated: August 18, 1998. the Center for Veterinary Medicine, 21 Andrew J. Beaulieu, CFR part 520 is amended to read as benzoate) when used as part of a Acting Director, Office of New Animal Drug follows: reimplant program for increased rate of weight gain. The supplemental NADA is Evaluation, Center for Veterinary Medicine. PART 520ÐORAL DOSAGE FORM approved as of July 14, 1998, and the [FR Doc. 98–23109 Filed 8–27–98; 8:45 am] NEW ANIMAL DRUGS regulations in 21 CFR 522.1940 are BILLING CODE 4160±01±F amended by adding paragraph (d)(3) to 1. The authority citation for 21 CFR reflect the approval. The basis for part 520 continues to read as follows: approval is discussed in the freedom of DEPARTMENT OF THE TREASURY Authority: 21 U.S.C. 360b. information summary. In accordance with the freedom of Fiscal Service § 520.2043 [Amended] information provisions of 21 CFR part 31 CFR Part 359 2. Section 520.2043 Pyrantel pamoate 20 and 514.11(e)(2)(ii), a summary of suspension is amended in paragraph safety and effectiveness data and Offering Regulations for United States (b)(2) by removing ‘‘Nos. 000069 and information submitted to support Savings Bonds, Series I 011615’’ and adding in its place ‘‘Nos. approval of this application may be seen 000069, 011615, and 059130’’. in the Dockets Management Branch AGENCY: Bureau of the Public Debt, Dated: August 20, 1998. (HFA–305), Food and Drug Fiscal Service, Treasury. Stephen F. Sundlof, Administration, 5630 Fishers Lane, rm. ACTION: Final rule. 1061, Rockville, MD 20852, between 9 Director, Center for Veterinary Medicine. SUMMARY: The Department of the a.m. and 4 p.m., Monday through [FR Doc. 98–23107 Filed 8–27–98; 8:45 am] Treasury (‘‘Department’’ or ‘‘Treasury’’) BILLING CODE 4160±01±F Friday. The agency has determined under 21 is publishing in final form an CFR 25.33(a)(1) that this action is of a amendment to the offering circular for type that does not individually or United States Series I savings bonds. DEPARTMENT OF HEALTH AND The amendment is a technical change to HUMAN SERVICES cumulatively have a significant effect on the human environment. Therefore, accommodate the first Series I savings Food and Drug Administration neither an environmental assessment bond offering, effective September 1, nor an environmental impact statement 1998. 21 CFR Part 522 is required. EFFECTIVE DATE: September 1, 1998. ADDRESSES: Copies of this final rule are Implantation or Injectable Dosage List of Subjects in 21 CFR Part 522 available for downloading from the Form New Animal Drugs; Progesterone Animal drugs. Bureau of the Public Debt at the and Estradiol Benzoate Therefore, under the Federal Food, following World Wide Web address: AGENCY: Food and Drug Administration, Drug, and Cosmetic Act and under or may HHS. authority delegated to the Commissioner be obtained from the Bureau of the of Food and Drugs and redelegated to Public Debt, Division of Staff Services, ACTION: Final rule. the Center for Veterinary Medicine, 21 200 3rd St., Parkersburg, WV 26106– SUMMARY: The Food and Drug CFR part 522 is amended as follows: 1328. Administration (FDA) is amending the FOR FURTHER INFORMATION CONTACT: animal drug regulations to reflect PART 522ÐIMPLANTATION OR Wallace L. Earnest, Director, Division of approval of a supplemental new animal INJECTABLE DOSAGE FORM NEW Staff Services, at (304) 480–6319 or by drug application (NADA) filed by Fort ANIMAL DRUGS e-mail at ; Dodge Animal Health. The 1. The authority citation for 21 CFR Edward C. Gronseth, Deputy Chief supplemental NADA provides for part 522 continues to read as follows: Counsel, at (304) 480–5192 or by e-mail reimplantation of steers fed in at ; or Dean A. confinement for slaughter with a Authority: 21 U.S.C. 360b. Adams, Assistant Chief Counsel, Office progesterone-estradiol implant 70 days 2. Section 522.1940 is amended by of the Chief Counsel, at (304) 480–5192 following an initial implant of a lower adding paragraph (d)(3) to read as or by e-mail at dose implant. follows: . 45946 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

SUPPLEMENTARY INFORMATION: 31 CFR Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31 resulting rate will be rounded to the Part 359, referred to as the offering U.S.C. 3105. nearest one-hundredth of one percent. circular, sets out the terms and 2. In § 359.2, paragraphs (e)(1)(i) The semiannual inflation rate to be conditions for the sale and issuance of through (e)(1)(v) are revised to read as effective with the November United States savings bonds, Series I, by follows: announcement, reflecting the change in the Department of the Treasury to the the CPI–U for the six-month period public. The Department is issuing in § 359.2 Description of bonds. ending with the immediately preceding final form an amendment to the offering * * * * * September, will be similarly circular as a technical change to (e) Composite rates and redemption determined. In certain deflationary accommodate the first Series I savings values. (1) The following definitions conditions, the semiannual inflation bond offering, effective September 1, apply for determining the composite rate may be negative to such an extent 1998. The offering regulations currently rates and redemption values: that it will offset the fixed rate of return. provide that the Series I composite rate (i) Rate announcements. Rates However, the redemption value of a will be set forth in rate announcements applicable to Series I bonds will be Series I bond for any particular month published each May and November. The furnished in rate announcements will not be less than the value for the composite rate consists of the fixed rate published each May 1 and November 1, preceding month. (See § 359.3(b) for a of return and the variable semiannual or at any other date determined by the discussion of the lag between when inflation rate for inflation-indexed Secretary or the Secretary’s designee. If inflation is measured and when it is savings bonds. The initial rate the regularly scheduled date for the reflected in the value of a bond.) announcement, effective September 1, announcement (for example, May 1) is (iv) Index contingencies. If a 1998, will reflect the Secretary’s a day when the Treasury is not open for previously reported CPI–U is revised, determination of the fixed rate of return business, then the announcement is Treasury will continue to use the for bonds during the two-month period made on the next business day; previously reported CPI–U in however, the effective date of the rates beginning September 1, 1998, through calculating redemption values. If the remains the first day of the month of the October 31, 1998. The variable CPI–U is rebased to a different year, announcement. Treasury will continue to use the CPI– semiannual inflation rate will reflect the (ii) Fixed rate of return. Each May and U based on the base reference period in rate of change in the CPI–U for the six- November, or at any other date effect when the security was first issued, month period ending with March 31, determined by the Secretary or the as long as that CPI continues to be 1998. Secretary’s designee, the Secretary shall published. If, while an inflation-indexed Procedural Requirements establish the fixed rate of return for Series I bonds issue-dated during the savings bond is outstanding, the This final rule does not meet the six-month period, or any other period applicable CPI–U is: discontinued, in criteria for a ‘‘significant regulatory determined by the Secretary or the the judgment of the Secretary, action’’ pursuant to Executive Order Secretary’s designee, beginning on such fundamentally altered in a manner 12866. Therefore, the regulatory review date. Such fixed rate of return will be materially adverse to the interests of an procedures contained therein do not applicable for the life of the bond. investor in the security, or in the apply. (iii) Semiannual inflation rate. Each judgment of the Secretary, altered by This final rule relates to matters of May and November, or at any other date legislation or Executive Order in a public contract and procedures for U.S. determined by the Secretary or the manner materially adverse to the securities. The notice and public Secretary’s designee, Treasury will interests of an investor in the security, procedures requirements of the announce a variable semiannual Treasury, after consulting with the Administrative Procedure Act are inflation rate for Series I bonds. The Bureau of Labor Statistics (‘‘BLS’’), or inapplicable, pursuant to 5 U.S.C. index used to determine this rate will be any successor agency, will substitute an 553 (a)(2). the non-seasonally adjusted U.S. City appropriate alternative index. Treasury Since no notice of proposed Average All Items Consumer Price Index will then notify the public of the rulemaking is required, the provisions for All Urban Consumers (‘‘CPI–U’’) substitute index and how it will be of the Regulatory Flexibility Act (5 published by the Bureau of Labor applied. Determinations of the Secretary U.S.C. 601, et seq.) do not apply. Statistics (‘‘BLS’’) of the U.S. in this regard will be final. There is no new collection of Department of Labor. The semiannual (v) Composite rate. (A) The fixed rate information contained in this final rule, inflation rate to be effective with the of return, FR, and the semiannual and, therefore, the Paperwork Reduction May announcement, and the rate that is inflation rate, SIR, as determined in Act (44 U.S.C. 3507) does not apply. effective for Series I bonds offered from paragraphs (e)(1)(ii) and (iii) of this section are divided by 100 to remove the List of Subjects in 31 CFR Part 359 September 1, 1998, through October 31, 1998, will reflect the rate of change in percentage format (i.e., to convert to Bonds, Federal Reserve System, the CPI–U for the six-month period decimal form) and are then combined Government securities, Securities. ending with the immediately preceding into a composite annual rate, CR, in Dated: August 24, 1998. March 31. The rate of change over the accordance with the following formula: six-month period will be expressed as a CR = {SIR + (FR ÷ 2) + [SIR × (FR ÷ 2)]} Donald V. Hammond, × Acting Fiscal Assistant Secretary. percentage, rounded to the nearest one- 2 hundredth of one percent. More (B) The resulting annual rate is For the reasons set forth in the specifically, the semiannual inflation converted to a percentage and is preamble, 31 CFR Chapter II, rate will reflect the CPI–U value for the rounded to the nearest one-hundredth of Subchapter B, is amended as follows: most recent March less the value for the one percent. The composite rates will be PART 359ÐOFFERING OF UNITED preceding September, that difference announced by Treasury each May and STATES SAVINGS BONDS, SERIES I will then be divided by the CPI–U value November, or at any other date for the preceding September, and the determined by the Secretary or the 1. The authority citation for part 359 result will be multiplied by 100 to Secretary’s designee, and will be continues to read as follows: convert the rate to a percentage. The derived from the semiannual inflation Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45947 rate announced on the same date and restrict vessel traffic in a portion of Federal Anchorages 20A and 20B, to the the fixed rates of return applicable to Federal Anchorage 20C. north, and Federal Anchorages 20D and Series I savings bonds. DATES: This rule is effective from 11 20E, to the south, are also available for * * * * * p.m. on Saturday, September 19, 1998, vessel use. There will be no impact on 3. In § 359.3, paragraph (b)(1) is until 12:30 a.m. on Sunday, September vessels transiting the shipping channel revised to read as follows: 20, 1998. as the safety zone does not extend into ADDRESSES: Documents as indicated in it. Public notifications will be made § 359.3 Investment considerations. this preamble are available for prior to the event via the Local Notice * * * * * inspection or copying at Coast Guard to Mariners and marine information (b) Inflation lag. (1) The inflation rate Activities New York, 212 Coast Guard broadcasts. component of investor earnings will be Drive, room 205, Staten Island, New Regulatory Evaluation determined twice each year. This rate York 10305, between 8 a.m. and 3 p.m., will be the percentage change in the Monday through Friday, except Federal This final rule is not a significant CPI–U for the six months ending each holidays. The telephone number is (718) regulatory action under section 3(f) of March and September. The rate will be 354–4195. Executive Order 12866 and does not included in the composite rate that is require an assessment of potential costs FOR FURTHER INFORMATION CONTACT: announced each May and November. and benefits under section 6(a)(3) of that Lieutenant (Junior Grade) A. Kenneally, Order. It has not been reviewed by the For Series I bonds offered from Waterways Oversight Branch, Coast September 1, 1998, through October 31, Office of Management and Budget under Guard Activities New York, at (718) the Order. It is not significant under the 1998, the inflation rate component of 354–4195. investor earnings will be the percentage regulatory policies and procedures of SUPPLEMENTARY INFORMATION: change in the CPI–U for the six months the Department of Transportation (DOT) ending March 31, 1998. This rate will be Regulatory History (44 FR 11040; February 26, 1979). The Coast Guard expects the economic included in the composite rate that is Pursuant to 5 U.S.C. 553, a notice of impact of this final rule to be so announced for Series I bonds offered proposed rulemaking (NPRM) was not minimal that a full Regulatory effective from September 1, 1998, published for this regulation. Good Evaluation under paragraph 10e of the through October 31, 1998. In the event cause exists for not publishing an NPRM regulatory policies and procedures of the Secretary, or the Secretary’s and for making this regulation effective DOT is unnecessary. This finding is designee, announces a composite rate at less than 30 days after Federal Register based on the limited marine traffic in an effective date other than May 1 or publication. Due to the date this the area, the minimal time that vessels November 1, the announcement will application was received, there was will be restricted from the zone, that specify the period to be used to insufficient time to draft and publish an vessels may safely anchor to the north calculate the semiannual inflation rate. NPRM. Any delay encountered in this and south of the zone, and extensive Each composite rate will be effective for regulation’s effective date would be advance notifications which will be the entirety of the applicable rate period contrary to public interest since made. that begins while the rate is in effect. immediate action is needed to close a Thus, an inflation rate may affect portion of the waterway and protect the Small Entities interest accruals from 3 to 13 months maritime public from the hazards Under the Regulatory Flexibility Act from the date that the CPI–U is associated with this fireworks display. measured. (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule will have * * * * * Background and Purpose a significant economic impact on a [FR Doc. 98–23145 Filed 8–25–98; 4:00 pm] On August 3, 1998, Bay Fireworks substantial number of small entities. BILLING CODE 4810±39±P submitted an Application for Approval ‘‘Small entities’’ include small of Marine Event to hold a fireworks businesses, not-for-profit organizations program on the waters of Upper New that are independently owned and DEPARTMENT OF TRANSPORTATION York Bay in Federal Anchorage 20C. operated and are not dominant in their The fireworks program is being fields, and governmental jurisdictions Coast Guard sponsored by Connections Unlimited. with populations of less than 50,000. This regulation establishes a safety zone For reasons discussed in the 33 CFR Part 165 in all waters of Upper New York Bay Regulatory Evaluation above, the Coast [CGD01±98±123] within a 300 yard radius of the Guard certifies under section 605(b) of fireworks barge located in approximate RIN 2115±AA97 ° ′ ′′ ° ′ ′′ the Regulatory Flexibility Act (5 U.S.C. position 40 41 24.5 N 074 02 25 W 601 et. seq.) that this final rule will not (NAD 1983), approximately 300 yards Safety Zone: Connections Unlimited have a significant economic impact on northeast of Liberty Island, New York. Fireworks, New York Harbor, Upper a substantial number of small entities. The safety zone is in effect from 11 p.m. Bay on Saturday, September 19, 1998, until Collection of Information AGENCY: Coast Guard, DOT. 12:30 a.m. on Sunday, September 20, This final rule does not provide for a ACTION: Temporary final rule. 1998. There is no rain date for this collection of information under the event. The safety zone prevents vessels Paperwork Reduction Act of 1995 (44 SUMMARY: The Coast Guard is from transiting a portion of Federal U.S.C. 3501 et seq). establishing a temporary safety zone for Anchorage 20C and is needed to protect the Connections Unlimited fireworks boaters from the hazards associated with Federalism program located in Federal Anchorage fireworks launched from a barge in the The Coast Guard has analyzed this 20C, New York Harbor, Upper Bay. This area. Recreational and commercial final rule under the principles and action is necessary to provide for the vessel traffic will be able to anchor in criteria contained in Executive Order safety of life on navigable waters during the unaffected northern and southern 12612 and has determined that this final the event. This action is intended to portions of Federal Anchorage 20C. rule does not have sufficient 45948 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations implications for federalism to warrant Dated: August 13, 1998. Background and Purpose the preparation of a Federalism R.E. Bennis, On July 21, 1998, Bay Fireworks Assessment. Captain, U.S. Coast Guard, Captain of the submitted an Application for Approval Port, New York. Environment of Marine Event to hold a fireworks [FR Doc. 98–23219 Filed 8–27–98; 8:45 am] program on the waters of Upper New The Coast Guard has considered the BILLING CODE 4910±15±M York Bay in Federal Anchorage 20C. environmental impact of this final rule The fireworks program is being and concluded that under Figure 2–1, sponsored by James Kennedy, Jr. This paragraph 34(g), of Commandant DEPARTMENT OF TRANSPORTATION regulation establishes a safety zone in Instruction M16475.1C, this final rule is Coast Guard all waters of Upper New York Bay categorically excluded from further within a 300 yard radius of the environmental documentation. A 33 CFR Part 165 fireworks barge located in approximate ‘‘Categorical Exclusion Determination’’ position 40°41′24.5′′N 074°02′25′′W is available in the docket for inspection [CGD01±98±113] (NAD 1983), approximately 300 yards or copying where indicated under [RIN 2115±AA97 northeast of Liberty Island, New York. ADDRESSES. The safety zone is in effect from 9 p.m. List of Subjects in 33 CFR Part 165 Safety Zone: Kennedy Fireworks, New until 10:30 p.m. on Friday, September York Harbor, Upper Bay 11, 1998. The safety zone prevents Harbors, Marine safety, Navigation vessels from transiting a portion of AGENCY: Coast Guard, DOT. (water), Reporting and recordkeeping Federal Anchorage 20C and is needed to requirements, Security measures, ACTION: Temporary final rule. protect boaters from the hazards Waterways. SUMMARY: The Coast Guard is associated with fireworks launched Regulation establishing a temporary safety zone for from a barge in the area. Recreational the Kennedy fireworks program located and commercial vessel traffic will be For the reasons discussed in the in Federal Anchorage 20C, New York able to anchor in the unaffected preamble, the Coast Guard amends 33 Harbor, Upper Bay. This action is northern and southern portion of CFR Part 165 as follows: necessary to provide for the safety of life Federal Anchorage 20C. Federal Anchorages 20A and 20B, to the north, Part 165Ð[AMENDED] on navigable waters during the event. This action is intended to restrict vessel and Federal Anchorages 20D and 20E, to the south, are also available for vessel 1. The authority citation for Part 165 traffic in a portion of Federal anchorage use. Public notifications will be made continues to read as follows: 20C. prior to the event via the Local Notice DATES: This rule is effective from 9 p.m. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; to Mariners and marine information until 10:30 p.m. on Friday, September 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; broadcasts. 49 CFR 1.46. 11, 1998. ADDRESSES: Documents as indicated in Regulatory Evaluation 2. Add temporary § 165.T01–123 to this preamble are available for read as follows: This final rule is not a significant inspection or copying at Coast Guard regulatory action under section 3(f) of § 165.T01±123 Safety Zone: Connections Activities New York, 212 Coast Guard Executive Order 12866 and does not Unlimited Fireworks, New York Harbor, Drive, room 205, Staten Island, New require an assessment of potential costs Upper Bay. York 10305, between 8 a.m. and 3 p.m., and benefits under section 6(a)(3) of that (a) Location. The following area is a Monday through Friday, except Federal Order. It has not been reviewed by the safety zone: all waters of New York holidays. The telephone number is (718) Office of Management and Budget under Harbor, Upper Bay within a 300 yard 354–4195. that Order. It is not significant under the radius of the fireworks barge in FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of approximate position 40°41′24.5′′N Lieutenant (Junior Grade) A. Kenneally, the Department of Transportation (DOT) 074°02′25′′W (NAD 1983), Waterways Oversight Branch, Coast (44 FR 11040; February 26, 1979). The approximately 300 yards northeast of Guard Activities New York, at (718) Coast Guard expects the economic Liberty Island, New York. 354–4195. impact of this final rule to be so (b) Effective period. This section is SUPPLEMENTARY INFORMATION: minimal that a full Regulatory Evaluation under paragraph 10e of the effective from 11 p.m. on Saturday, Regulatory History September 19, 1998, until 12:30 a.m. on regulatory policies and procedures of Sunday, September 20, 1998. Pursuant to 5 U.S.C. 553, a notice of DOT is unnecessary. This finding is proposed rulemaking (NPRM) was not based on the limited marine traffic in (c) Regulations. published for this regulation. Good the area, the minimal time that vessels (1) The general regulations contained cause exists for not publishing an NPRM will be restricted from the zone, that in 33 CFR 165.23 apply. and for making this regulation effective vessels may safely anchor to the north (2) All persons and vessels shall less than 30 days after Federal Register and south of the zone, and extensive comply with the instructions of the publication. Due to the date this advance notifications which will be Coast Guard Captain of the Port or the application was received, there was made. designated on scene patrol personnel. insufficient time to draft and publish an U.S. Coast Guard patrol personnel NPRM. Any delay encountered in this Small Entities include commissioned, warrant, and regulation’s effective date would be Under the Regulatory Flexibility Act petty officers of the Coast Guard. Upon contrary to public interest since (5 U.S.C. 601 et seq.), the Coast Guard being hailed by a U.S. Coast Guard immediate action is needed to close a considered whether this rule will have vessel via siren, radio, flashing light, or portion of the waterway and protect the a significant economic impact on a other means, the operator of a vessel maritime public from the hazards substantial number of small entities. shall proceed as directed. associated with this fireworks display. ‘‘Small entities’’ include small Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45949 businesses, not-for-profit organizations approximately 300 yards northeast of address: LCDR Rick Rodriguez, Chief of that are independently owned and Liberty Island, New York. Port Operations, Coast Guard Captain of operated and are not dominant in their (b) Effective period. This section is the Port Western Alaska, 510 L Street, fields, and governmental jurisdictions effective from 9 p.m. until 10:30 p.m. on Suite 100, Anchorage, Alaska, 99501. with populations of less than 50,000. Friday, September 11, 1998. FOR FURTHER INFORMATION CONTACT: For reasons discussed in the (c) Regulations. (1) The general LCDR Rick Rodriguez at Chief of Port Regulatory Evaluation above, the Coast regulations contained in 33 CFR 165.23 Operations, Coast Guard Captain of the Guard certifies under section 605(b) of apply. Port Western Alaska, 510 L Street, Suite the Regulatory Flexibility Act (5 U.S.C. (2) All persons and vessels shall 100, Anchorage, Alaska, 99501, (907) 601 et seq.) that this final rule will have comply with the instructions of the 271–6700. a significant economic impact on a Coast Guard Captain of the Port or the SUPPLEMENTARY INFORMATION: substantial number of small entities. designated on scene patrol personnel. U.S. Coast Guard patrol personnel Background and Purpose Collection of Information include commissioned, warrant, and The Alaska Aerospace Development This final rule does not provide for a petty officers of the Coast Guard. Upon Corporation (AADC), in conjunction collection of information under the being hailed by a U.S. Coast Guard with the United States Air Force, will be Paperwork Reduction Act of 1995 (44 vessel via siren, radio, flashing light, or launching unmanned rockets from their U.S.C. 3501 et seq). other means, the operator of a vessel facility at Narrow Cape, Kodiak Island, shall proceed as directed. Federalism Alaska beginning in September 1998. The Coast Guard has analyzed this Dated: August 13, 1998. The safety zone is necessary to protect final rule under the principles and R.E. Bennis, spectators and transiting vessels from criteria contained in Executive Order Captain, U.S. Coast Guard Captain of the the potential hazards associated with 12612 and has determined that this final Port, New York. the launch. rule does not sufficient implications for [FR Doc. 98–23223 Filed 8–27–98; 8:45 am] The launch time is scheduled to take federalism to warrant the preparation of BILLING CODE 4910±15±M place sometime between October 6, a Federalism Assessment. 1998 and October 20, 1998. The Coast Guard will announce via Broadcast Environment DEPARTMENT OF TRANSPORTATION notice to Mariners the anticipated date The Coast Guard has considered the and time of the launch and will grant environmental impact of this final rule Coast Guard general permission to enter the safety and concluded that under Figure 2–1, zone during those times in which the 33 CFR Part 165 paragraph 34(g), of Commandant launch does not pose a hazard to Instruction M16475.1C, this final rule is [COTP Western Alaska±98±003] mariners. Because the hazardous categorically excluded from further RIN 2115±AA97 condition is expected to last for environmental documentation. A approximately 4 hours of one day, and ‘‘Categorical Exclusion Determination’’ Safety Zone; Gulf of Alaska, Southeast because general permission to enter the is available in the docket for inspection of Narrow Cape, Kodiak Island, Alaska safety zone will be given during non- or copying where indicated under hazardous times, the impact of this rule ADDRESSES. AGENCY: Coast Guard, DOT. on commercial and recreational traffic is ACTION: Temporary final rule. expected to be minimal. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation SUMMARY: The Coast Guard has Discussion of the Regulation (water), Reporting and recordkeeping established a temporary safety zone in The safety zone will include an area requirements, Security measures, the Gulf of Alaska, southeast of narrow approximately 57 square nautical miles Waterways. Cape, Kodiak Island, Alaska. The zone in the Gulf of Alaska, southeast of is needed to protect the safety of Regulation Narrow Cape, Kodiak Island, Alaska. persons and vessels operating in the Specifically, the zone includes the For the reason discussed in the vicinity of the safety zone during a waters of the Gulf of Alaska that are preamble, the Coast Guard amends 33 rocket launch from the Alaska within the area bounded by a line CFR Part 165 as follows: Aerospace Development Corporation, drawn from a point located at 57°29.7′ Narrow Cape, Kodiak Island facility. North, 152°18.9′ West, thence southeast PART 165Ð[AMENDED] Entry of vessels or persons into this to a point located at 57°22.3′ North, 1. The authority citation for Part 165 zone is prohibited unless specifically 152°07.7′ West, thence southwest to a continues to read as follows: authorized by the Commander, point located at 57° 18.5′ North, Seventeenth Coast Guard District, the 152°16.3′ West, and thence northwest to Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Coast Guard Captain of the Port, 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; a point located at 57°26.0′ North, 49 CFR 1.46. Western Alaska, or his on scene 152°27.7′ West, and thence northeast to representative. The affect of the safety the point located at 57°29.7′ North, 2. Add temporary § 165.T01–113 to zone is to ensure the safety of human ° ′ read as follows: 152 18.9 West. All coordinates life and property during the rocket reference Datum: NAD 1983. This safety § 165.T01±113 Safety Zone: Kennedy launch. zone is necessary to protect spectators Fireworks, New York Harbor, Upper Bay. DATES: The safety zone becomes and transiting vessels from the potential (a) Location. The following area is a effective at 6 a.m. October 6, 1998, and hazards associated with the launch of safety zone: all waters of New York terminates at 10 p.m. October 20, 1998, the Alaskan Aerospace rocket. The Harbor, Upper Bay within a 300 yard Alaska local time. safety zone will become effective at 6 radius of the fireworks barge in ADDRESSES: Documents as indicated in a.m. September 26, 1998, and terminates approximate position 40°41′24.5′′ N this preamble are available for at 10 p.m. October 8, 1998, Alaska local 074°02′25′′ W (NAD 1983), inspection and copying at the following time. 45950 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

Regulatory Evaluation Proposed Rulemaking. The concern was onboard the U.S. Coast Guard cutter in This rule is not a significant that the safety zone, as scheduled, the vicinity of Narrow Cape via marine regulatory action under section 3(f) of would interfere with a commercial VHF channel 16. Executive Order 12866 and does not fishing groundfish opening in the Gulf Dated: July 28, 1998. of Alaska. However, since the safety require an assessment of potential cost W.J. Hutmacher, zone has been rescheduled for October, and benefits under section 6(a)(3) of that Captain, U.S. Coast Guard Captain of the order. It has not been reviewed by the the groundfish opening will not be affected. Port, Western Alaska. Office of Management and Budget under [FR Doc. 98–23221 Filed 8–27–98; 8:45 am] that order. It is not significant under the List of Subjects in 33 CFR Part 165 regulatory policies and procedures of BILLING CODE 4910±15±M the Department of Transportation (DOT) Harbors, Marine safety, Navigation (44 FR 11040; February 26, 1979). The (water), Reporting and record keeping Coast Guard expects the economic requirements, Security measures, ENVIRONMENTAL PROTECTION impact of this proposal to be so minimal Vessels, Waterways. AGENCY that a full Regulatory Evaluation under For the reasons set out in the preamble, the Coast Guard amends 33 paragraph 10(e) of the regulatory 40 CFR Part 710 policies and procedures of DOT is CFR Part 165 as follows: unnecessary. PART 165Ð[AMENDED] [OPPTS±82051; FRL±6028±3] Collection of Information 1. The authority citation for Part 165 1998 Reporting Notice and Technical This rule contains no information continues to read as follows: collection requirements under the Amendment; Partial Updating of TSCA Paperwork Reduction Act (44 U.S.C. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Inventory Data Base; Production and 3501 et seq.). 33 CFR 1.05–1(g), 6.401–1, 6.04–6, and 160.5; Site Reports 49 CFR 1.46. Federalism 2. Add temporary § 165.T17–003 to AGENCY: Environmental Protection The Coast Guard has analyzed this read as follows: Agency (EPA). rule under the principles and criteria ACTION: Final rule; technical contained in Executive Order 12612 and § 165.T17±003 Alaska Aerospace Development Corporation, Narrow Cape, amendment. has determined that this rule does not Kodiak Island safety zone. have sufficient federalism implications (a) Regulated Area. A safety zone is SUMMARY: This document announces the to warrant the preparation of a 1998 reporting period for the Toxic Federalism Assessment. established in the waters of the Gulf of Alaska that are within the area bounded Substances Control Act (TSCA) Environment by a line drawn from a point located Inventory Update Rule (IUR) and The Coast Guard considered the 57°29.7′ North, 152° 18.9′ West, thence contains technical amendments to the environmental impact of this rule and southeast to a point located at 57°22.3′ rule to update the reporting concluded that, under Figure 2–1, North, 152°07.7′ West, thence southwest instructions. The IUR requires paragraph 34(g) of Commandant to a point located at 57°18.5′ North, manufacturers and importers of certain Instruction M16475.1C, this rule is 152°16.3′ West, and thence northwest to chemical substances included on the categorically excluded from further a point located at 57°26.0′ North, TSCA Chemical Substance Inventory to environmental documentation. 152°27.7′ West, and thence northeast to report current data on the production the point located at 57°29.7′ North, volume, plant site, and site-limited Publication History 152°18.9′ West. All coordinates status of the substances. The 1998 A Notice of Proposed Rulemaking reference Datum: NAD 1983. reporting period is from August 25, regarding this Temporary Final Rule (b) Effective Dates. This Section 1998 to December 23, 1998. was published at 63 FR 31681, June 10, becomes effective at 6 a.m. October 6, DATES: This document is effective 1998. The Notice of Proposed 1998, and terminates at 10 p.m. October August 28, 1998. The 1998 reporting Rulemaking provided a thirty (30) day 20, 1998. period is from August 25, 1998 to comment period rather than the usual (c) Regulations. (1) The Captain of the December 23, 1998. ninety (90) day comment period. The Port and the Duty Officer at Marine justification for the shortened comment Safety Office, Anchorage, Alaska can be FOR FURTHER INFORMATION CONTACT: For period can be found at 63 FR 31681, contacted at telephone number (907) general information contact: Susan B. June 10, 1998. 271–6700 or on VHF marine channel 16. Hazen, Director, Environmental Since the publication of the Notice of (2) The Captain of the Port may Assistance Division (7408), Office of Proposed Rulemaking at 63 FR 31681, authorize and designate any Coast Pollution Prevention and Toxics, June 10, 1998, the safety zone dates for Guard commissioned, warrant, or petty Environmental Protection Agency, 401 the rocket launch at Kodiak Island has officer to act on his behalf in enforcing M St., SW., Washington, DC 20460; changed from 6 a.m. September 1, 1998, the safety zone. telephone: (202) 554–1404; TDD: (202) through 10 p.m. September 10, 1998, to (3) The general regulations governing 554–0551; e-mail: TSCA- 6 a.m. September 26, 1998, through 10 safety zones contained in Title 33 Code [email protected]. For technical p.m. October 8, 1998. The change has of Federal Regulations, § 165.23 apply. information contact: Scott M. Sherlock, occurred as a result of logistical delays No person or vessel may enter or remain Information Management Divison in obtaining hardware for the launch in this safety zone, without first (7407), Office of Pollution Prevention payload. obtaining permission from the Captain and Toxics, Environmental Protection One comment was received during of the Port, or his on scene Agency, 401 M St., SW., Washington, the comment period. The comment representative. The Captain of the Port, DC 20460, telephone: (202) 260–1536, concerned the time length of the safety Western Alaska, or his on scene fax: (202) 260–9555, e-mail: zone indicated in the Notice of representative may be contacted [email protected]. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45951

SUPPLEMENTARY INFORMATION: please contact the technical person sequenced in ascending order of the identified in the ‘‘FOR FURTHER corresponding CAS Registry Numbers. I. Does this Notice Apply to Me? INFORMATION CONTACT’’ section, or The products do not include chemical You may be potentially affected by the staff at the TSCA Hotline. In synonyms that are copyrighted by the this action if you manufactured or addition, the official record for the IUR Chemical Abstracts Service. imported organic chemicals or other has been established under docket Furthermore, generic names or EPA chemicals subject to proposed or final control number OPPTS–82015A. The Accession Numbers for substances with rules or orders during your company’s public version of this record, including confidential chemical identities are not latest fiscal year prior to August 25, printed, paper versions of any electronic included. 1998. Potentially affected categories and comments, which does not include any The magnetic media products include entities may include, but are not limited information claimed as CBI, is available over 62,000 records and require 12 to: for inspection in Rm. G-099, Waterside megabytes of disk space for installation. Mall, 401 M St., SW., Washington, DC, The products are available for sale from: from noon to 4 p.m., Monday through National Technical Information Service Friday, excluding legal holidays. The (NTIS), U.S. Department of Commerce, Examples of Potentially Af- Docket Office telephone number is (202) Category fected Entities Springfield, VA 22161; telephone: (703) 260–0660. 605–6000, toll free: 1–800–553–NTIS; Chemical manu- Manufacturers of chemical III. What is the Agency’s Authority for Internet address: www.ntis.gov/fcpc. facturers substances subject to Taking the Action in this Document? The NTIS Order Number for the CD- the rule Under the authority of section 8(a) of ROM is SUB–5423INQ. The NTIS Order Number for the diskettes is SUB– Chemical import- Importers of chemical sub- TSCA, 15 U.S.C. 2607(a), EPA ers stances. Under the regu- promulgated a reporting rule at 40 CFR 5435INQ. The NTIS Order Number for lations, importers include part 710, subpart B, referred to as the the tapes is PB98–500556INQ. such persons as bro- Inventory Update Rule or IUR (51 FR V. How Do I Know If I Have to Report? kers, agents, importers 21438, June 12, 1986). The IUR requires of record, consignees, manufacturers and importers of certain You have to report if you manufacture and owners. chemical substances included on the or import IUR reportable chemical TSCA Chemical Substance Inventory to substances included on the TSCA This table is not intended to be report current data on the production Chemical Substance Inventory in excess exhaustive, but rather provides a volume, plant site, and site-limited of 10,000 pounds at a single facility summary guide for readers regarding status of the substances. After the initial during your company’s last fiscal year entities likely to be affected by this reporting during 1986, recurring ending August 25, 1998. For further and action. Other types of entities not listed reporting was required every 4 years. A more specific information, please in this table could also be affected. To second reporting cycle took place in review the IUR reporting regulations determine whether you or your business 1990 and a third in 1994. The fourth beginning at 40 CFR 710.2. is affected by this action, you should reporting period is from August 25, VI. How Do I Get a 1998 Reporting carefully examine the applicability 1998 to December 23, 1998. Persons Package? provisions beginning at 40 CFR 710.2. If subject to the IUR must submit the you have any questions regarding the required information during this period. EPA will automatically mail out a applicability of this action to a reporting package to the company particular entity, consult the technical IV. How Do I Know What Information headquarters of those companies that person listed in the ‘‘FOR FURTHER is Currently in the TSCA Chemical reported in 1994. This package will INFORMATION CONTACT’’ section. Substance Inventory? include a document entitled II. How Can I Get Additional In support of the 1998 reporting, EPA ‘‘Instructions for Reporting for the is publishing an up-to-date TSCA Information or Copies of this Document Partial Updating of the TSCA Chemical Chemical Substances Inventory in a or Other Support Documents? Inventory Data Base,’’ a diskette with variety of magnetic media products (CD- the new electronic Form U, and a copy A. Electronically ROM, diskette, and magnetic tape). of this Federal Register document. These products contain information for You may obtain electronic copies of Failure to receive a reporting package all nonconfidential chemical substances this document and various support from EPA does not obviate or otherwise added to the TSCA Inventory data base documents from the EPA Internet Home affect the requirement to submit a before January 1998. The types of Page at http://www.epa.gov/opptintr/ timely report. iur98. On the Home Page select ‘‘Laws information contained in the products If you did not report in 1994, but need and Regulations’’ and then look up the are similar to that found in the to report in 1998, you may obtain the entry for this document under ‘‘Federal computer tape form of the TSCA reporting package from the TSCA Register - Environmental Documents.’’ Inventory that EPA has been Hotline. Additional reporting forms, You can also go directly to the ‘‘Federal disseminating to the public biannually electronic or printed, will also be Register’’ listings at http:// through the National Technical available from the TSCA Hotline, Fax- www.epa.gov/homepage/fedrgstr/. Information Service (NTIS). Specifically, each of the chemical on-Demand, or the Internet. B. Fax-on-Demand substances included in the products is VII. How Do I Submit My Report? You may request to receive a faxed identified by a Chemical Abstracts (CA) copy of the Form U, by using a faxphone Index or Preferred Name, the The regulation at 40 CFR 710.39 to call (202) 401–0527 and selecting corresponding Chemical Abstracts requires submitters to report using item 5119. Service (CAS) Registry Number, EPA’s Form U. For the 1998 reporting molecular formula, and if applicable, cycle, the Agency affords the submitter C. In Person or By Phone the chemical definition and appropriate the option of completing the electronic If you have any questions or need EPA special flags as found in the version of the form or the printed paper additional information about this action, printed Inventory. The substances are version. 45952 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

A. Electronic Reporting provision of TSCA shall be liable to the 1993), EPA may not issue a regulation As stated above, the electronic forms United States for a civil penalty not to that is not required by statute and that are included in the reporting package exceed $25,000 for each such violation. creates a mandate upon a State, local or Tribal government, unless the Federal that will be distributed to the 1994 IUR X. Does this Action Involve Any New government provides the funds submitters. In addition, electronic forms Information Collection Activities, Such are available through the TSCA Hotline. necessary to pay the direct compliance as Reporting, Recordkeeping, or costs incurred by those governments. If EPA is encouraging submitters to use Notification? the electronic Form U for 1998 the mandate is unfunded, EPA must reporting. The form on the Internet can No. The information collection provide to OMB a description of the be completed electronically and printed requirements contained in 40 CFR part extent of EPA’s prior consultation with off line for mailing to EPA. Please note 710, subpart B, have already been representatives of affected State, local that this form cannot be saved to approved by the Office of Management and Tribal governments, the nature of magnetic media. and Budget (OMB) pursuant to the their concerns, copies of any written Section 710.32(b) provides that Paperwork Reduction Act (PRA), 44 communications from the governments, magnetic media submitted in response U.S.C. 3501 et seq., under OMB control and a statement supporting the need to to the IUR must meet EPA number 2070–0070 (EPA ICR No. 1011). issue the regulation. In addition, specifications, as described in the The annual public burden for this Executive Order 12875 requires EPA to ‘‘Instructions for Reporting for the collection of information is estimated at develop an effective process permitting Partial Updating of the TSCA Chemical 11.5 hours per response. Under the elected officials and other Inventory Data Base’’ available from the PRA, ‘‘burden’’ means the total time, representatives of State, local and Tribal TSCA Hotline. Pursuant to the requests effort or financial resources expended governments ‘‘to provide meaningful of the regulated community, EPA has by persons to generate, maintain, retain, and timely input in the development of created a formatted disk to facilitate IUR or disclose information to or for a regulatory proposals containing reporting. This disk has been tested by Federal agency. For this collection, it significant unfunded mandates.’’ a number of persons, including includes the time needed to review Today’s rule does not create an representatives from industry. EPA instructions, search existing data unfunded Federal mandate on State, believes use of this preformatted disk by sources, gather and maintain the data local or Tribal governments. This rule IUR reporters will substantively ease needed, and completing and reviewing does not impose any enforceable duties reporting burden. Directions for use of the collection of information. An agency on these entities. Accordingly, the the preformatted disk are provided in may not conduct or sponsor and a requirements of section 1(a) of the ‘‘Instructions for Reporting for the person is not required to respond to, a Executive Order 12875 do not apply to Partial Updating of the TSCA Chemical collection of information unless it this rule. Inventory Data Base’’ available from the displays a currently valid OMB number. B. Executive Order 13084 TSCA Hotline at the address listed The OMB control number for this Under Executive Order 13084, above or via Fax-on-Demand at (202) information collection appears above. In entitled ‘‘Consultation and Coordination 401–0527, Item 5119 or via the Internet addition, the OMB control numbers for with Indian Tribal Governments’’ (63 FR at http://www.epa.gov/opptintr/iur98. EPA’s regulations, after initial display in 27655, May 19, 1998), EPA may not the final rule, are listed in 40 CFR part B. Paper Reporting issue a regulation that is not required by 9 and appear on any form that is statute, that significantly or uniquely Printed copies of the Form U are required to be used. affects the communities of Indian tribal available upon request from the TSCA Send any comments on the accuracy governments, and that imposes Hotline, and will not be distributed as of the provided burden estimates, and substantial direct compliance costs on a part of the reporting package. The any suggested methods for minimizing those communities, unless the Federal printed form can be requested from the respondent burden, including through government provides the funds TSCA Hotline at the address listed the use of automated collection necessary to pay the direct compliance above, or via Fax-on-Demand at (202) techniques to the Director, Regulatory costs incurred by the Tribal 401–0527, Item 5119 or via the Internet Information Division, Office of Policy, at http://www.epa.gov/opptintr/iur98. governments. If the mandate is U.S. Environmental Protection Agency, unfunded, EPA must provide OMB, in VIII. Where Do I Send My 1998 Report? Mail Code 2137, 401 M St., SW., a separately identified section of the Washington, DC 20460. Include the Please mail your completed form or preamble to the rule, a description of OMB control number in any the extent of EPA’s prior consultation magnetic media to the Document correspondence, but do not submit the Control Officer, Mail Code 7407, ATTN: with representatives of affected Tribal requested information to this address. governments, a summary of the nature Inventory Update Rule, Office of The requested information should be Pollution Prevention and Toxics, U.S. of their concerns, and a statement submitted in accordance with the supporting the need to issue the Environmental Protection Agency, 401 instructions accompanying the form, or M St., SW., Washington, DC 20460. At regulation. In addition, Executive Order as specified in the corresponding 13084 requires EPA to develop an this time, the Agency is not able to regulation. accept these reports electronically, effective process permitting elected and except through the submission of a disk. XI. Do Executive Orders 12875 and other representatives of Indian tribal All submissions should be mailed to 13084 Require EPA to Consult With governments ‘‘to provide meaningful this address. States and Indian Tribal Governements and timely input in the development of Prior to Taking the Action in This regulatory policies on matters that IX. What Happens If I Fail to Report Notice? significantly or uniquely affect their During the 1998 Reporting Period? communities.’’ If you fail to report as required, the A. Executive Order 12875 Today’s rule does not significantly or Agency can take enforcement action Under Executive Order 12875, uniquely affect the communities of against you. The Act at section 16 entitled ‘‘Enhancing Intergovernmental Indian tribal governments. This action provides that any person who violates a Partnerships’’ (58 FR 58093, October 28, does not involve or impose any Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45953 requirements that affect Indian tribes. The Congressional Review Act (5 U.S.C. to call (202) 401–0527 and selecting Accordingly, the requirements of 801 et seq.), generally provides that item 5119. section 3(b) of Executive Order 13084 before a final rule may take effect, the (b) Follow the reporting instructions. do not apply to this rule. agency promulgating the rule must You should follow the detailed submit a rule report, which includes a XII. Do Any Other Regulatory instructions for completing the copy of the rule, to each House of the Assessment Related Requirements reporting form and preparing a magnetic Congress and to the Comptroller General Apply to This Action? media report, which are given in the of the United States. EPA will submit a EPA publication entitled ‘‘Instructions No. This action is classified as a final report containing this rule and other for Reporting for Partial Updating of the rule because it makes a technical required information to the U.S. Senate, TSCA Chemical Inventory Data Base,’’ amendment to the Code of Federal the U.S. House of Representatives, and via the Internet or the TSCA Hotline. Regulations (CFR). The amendment to the Comptroller General of the United the CFR is necessary in order to update States prior to publication of the rule in (c) Obtain the reporting package and the reporting instructions for the 1998 the Federal Register. Although copies of the form. EPA is mailing the reporting period. This action does not classified as a ‘‘final rule,’’ this is a reporting package to those companies impose any new requirements or amend technical amendment to the CFR and is that reported in 1994. Failure to receive the existing requirements in any way. not a ‘‘major’’ rule as defined by 5 a reporting package does not obviate or As a result, this action does not require U.S.C. 804(2). otherwise affect the requirement to review by the Office of Management and submit a timely report. If you did not List of Subjects in 40 CFR Part 710 Budget (OMB) under Executive Order receive a reporting package, but are 12866, entitled ‘‘Regulatory Planning Environmental protection, Chemicals, required to report, you may obtain a and Review’’ (58 FR 51735, October 4, Hazardous substances, Reporting and copy of the reporting package and the 1993), Executive Order 12898, entitled recordkeeping requirements. reporting form from EPA by submitting ‘‘Federal Actions to Address a request for this information as follows: Environmental Justice in Minority Dated: August 20, 1998. Populations and Low-Income Lynn R. Goldman, (1) By phone. Call the EPA TSCA Populations’’ (59 FR 7629, February 16, Assistant Administrator for Prevention, Hotline at (202) 554–1404, or TDD 202– 1994), Executive Order 13045, entitled Pesticides and Toxic Substances. 554–0551. ‘‘Protection of Children from Therefore 40 CFR part 710 is amended (2) By e-mail. Send an e-mail request Environmental Health Risks and Safety as follows: for this information to the EPA TSCA Risks’’ (62 FR 19885, April 23, 1997), or Hotline at TSCA- Executive Order 13084, entitled PART 710Ð[AMENDED] [email protected]. ‘‘Consultation and Coordination With Indian Tribal Governments’’ (63 FR 1. The citation for part 710 continues (3) By mail. Send a written request for 27655, May 19, 1998). For the same to read as follows: this information to the following reason, it does not require any action address: TSCA Hotline, Mail Code 7408, under Title II of the Unfunded Mandates Authority: 15 U.S.C. 2607(a). ATTN: Inventory Update Rule, Office of Reform Act of 1995 (UMRA) (Pub. L. 2. Section 710.39 is revised to read as Pollution Prevention and Toxics, U.S. 104-4), or section 12(d) of the National follows: Environmental Protection Agency, 401 Technology Transfer and Advancement M St., SW., Washington, DC 20460. § 710.39 How do I submit the required Act of 1995 (NTTAA), Pub. L. 104-113, information for the 1998 reporting cycle? (d) Submit the completed reports. You section 12(d) (15 U.S.C. 272 note). In must submit your completed reporting addition, since this type of action does (a) Use the proper EPA form. You form(s) and/or magnetic media to EPA not require any proposal, no action is must use the EPA form identified as at the following address: Document needed under the Regulatory Flexibility ‘‘Form U’’ to submit written information Control Officer, Mail Code 7407, ATTN: Act (RFA) (5 U.S.C. 601 et seq.). in response to the requirements of this Inventory Update Rule, Office of subpart. Copies of the Form U are Pollution Prevention and Toxics, U.S. XIII. Does EPA Have to Submit This available from EPA at the address set Action to Congress and the Comptroller Environmental Protection Agency, 401 forth in paragraph (c) of this section, M St., SW., Washington, DC 20460. General of the United States? from the EPA Internet Home Page at Yes, because technical corrections to http://www.epa.gov/opptintr/iur98, or [FR Doc. 98–23171 Filed 8–25–98; 2:39 pm] the CFR are classified as ‘‘final rules.’’ via Fax-on-Demand by using a faxphone BILLING CODE 6560±50±F 45954 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

ENVIRONMENTAL PROTECTION proposed a modification to the SNURS using this substance use skin AGENCY for five chemical substances based on protection’’ does not appear on the additional data received for those MSDS. These designations are now 40 CFR Part 721 substances. For three of these being added to these rules as use of this substances, the Agency is issuing the statement is required in the [OPPTS±50631A, etc; FRL±6019±2] modification as proposed. For the corresponding TSCA section 5(e) RIN 2070±AB27 remaining two substances, EPA is consent order. issuing a modification with revisions The SNUR at 40 CFR 721.1765 Modification of Significant New Use based on public comments received for designates § 721.63 (a)(2)(i) and Rules for Certain Substances the proposal. (a)(2)(iii), and the SNUR at 40 CFR 721.8450 designates § 721.63(a)(2)(i) and AGENCY: Environmental Protection I. Background Agency (EPA). (a)(2)(iv), requiring notification unless The Agency proposed the impervious gloves and eye protection or ACTION: Final rule. modification of the SNURs for these protective clothing are used by substances in the Federal Register of potentially exposed workers. These SUMMARY: EPA is modifying significant February 24, 1998 (63 FR 9169) (FRL– specific designations are eliminated new use rules (SNURs) for five 5767–2). The background and reasons from these rules as this specific substances promulgated under section for the modification of the SNURs are protective equipment is not required in 5(a)(2) of the Toxic Substances Control set forth in the preamble to the the corresponding TSCA section 5(e) Act (TSCA) based on new data. Based proposed modifications. For three of the consent order. However, the TSCA on the new data, the Agency finds that substances, (40 CFR 721.1790, 40 CFR section 5(e) consent order and SNURs activities not described in the 721.5740, and 40 CFR 721.9800), the will continue to require impervious corresponding TSCA section 5(e) Agency received no public comment ‘‘personal protective equipment that consent order or the significant new use concerning the proposed modification. provides a barrier to prevent dermal notice (SNUN) for these chemical As a result, EPA is modifying these exposure’’ for persons reasonable likely substances may result in significant three SNURs as proposed. For the other to be exposed to these substances, as per changes in human or environmental two substances (40 CFR 721.1765 and § 721.63(a)(1). The difference between exposure. 721.8450), EPA will issue a final § 721.63(a)(1) and § 721.63(a)(2) is that DATES: This rule is effective September modification based on public comments § 721.63(a)(1) allows subject 28, 1998. as described in this unit. manufacturers and processors to decide FOR FURTHER INFORMATION CONTACT: The commenter agreed with EPA’s which dermal protective equipment is Susan B. Hazen, Director, proposed modification, but also stated needed, whereas § 721.63(a)(2) specifies Environmental Assistance Division that several labeling and protective in greater detail which equipment is (7408), Office of Pollution Prevention equipment requirements in the SNURs required. and Toxics, Environmental Protection were not consistent with requirements The commenter also noted that the Agency, Rm. E–531, 401 M St., SW., in the corresponding consent order and respirator requirements designated in Washington, DC 20460, telephone: (202) requested that EPA also modify the the SNUR, reference numerous National 554–1404, TDD: (202) 554–0551; e-mail: SNUR to reconcile these differences. Institute for Occupational Safety and [email protected]. Based on these comments and the Health (NIOSH) regulations that will SUPPLEMENTARY INFORMATION: Agency’s review of the TSCA section change, requiring a change in the TSCA Electronic Availability: Electronic 5(e) consent order and proposed SNUR section 5(e) consent order and the copies of this document are available requirements, EPA is making the SNUR. The Agency is in the process of from the EPA Home Page at the Federal following additional modifications to making these changes for all TSCA Register-Environmental Documents the SNUR. section 5(e) consent orders, SNURs, and entry for this document under ‘‘Laws The SNURs at 40 CFR 721.1765 and the references in 40 CFR 721.63. When and Regulations’’ (http://www.epa.gov/ 40 CFR 721.8450 designate completed the changes will also be fedrgstr/). § 721.72(g)(2)(iii), which requires made to these substances. In the Federal Register referenced for notification if the statement ‘‘When II. Rationale for Modification of the each substance, OPPTS–50591, April using this substance avoid ingestion’’ Rules 25, 1991 (56 FR 19235 and 19241); does not appear on the Material Safety OPPTS–50537A, January 26, 1987 (52 Data Sheet (MSDS). This designation is During review of the chemical FR 2703); OPPTS–50583, August 9, being eliminated from these rules as use substances that are the subject of these 1990 (55 FR 32419); and OPPTS–50582, of this statement is not required in the modifications, EPA concluded that August 15, 1990 (55 FR 33296), EPA corresponding TSCA 5(e) consent order. regulation was warranted based on the issued a SNUR establishing significant The SNURs at 40 CFR 721.1765 and fact that activities not described in the new uses for the substances. In the 40 CFR 721.8450 do not designate TSCA section 5(e) consent order or the Federal Register of February 24, 1998 § 721.72(g)(2)(v), which requires PMN may result in significant changes (63 FR 9169) (FRL–5767–2), EPA notification if the statement ‘‘When in human or environmental exposure. In Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45955 the specific case of polybrominated Populations (59 FR 7629, February 16, V. Submission to Congress and the biphenyls, § 721.1790, EPA concluded 1994), or additional OMB review in Comptroller General that any use may result in significant accordance with Executive Order 13045, The Congressional Review Act, 5 changes in human or environmental entitled Protection of Children from U.S.C. 801 et seq., as added by the Small exposure. The basis for such findings is Environmental Health Risks and Safety Business Regulatory Enforcement described in the rulemaking record Risks (62 FR 19885, April 23, 1997). Fairness Act of 1996, generally provides referenced in Unit III. of this preamble. According to the Paperwork that before a rule may take effect, the Based on these findings, a TSCA section Reduction Act (PRA), 44 U.S.C. 3501 et agency promulgating the rule must 5(e) consent order was negotiated with seq., an agency may not conduct or submit a rule report, which includes a the PMN submitter and/or a SNUR was sponsor, and a person is not required to copy of the rule, to each House of the promulgated. respond to a collection of information Congress and to the Comptroller General In light of the modification to a that requires OMB approval under the of the United States. EPA will submit a consent order, toxicity data submitted PRA, unless it has been approved by report containing this rule and other for another PMN, or the data submitted OMB and displays a currently valid in a SNUN or a PMN, as the case may required information to the U.S. Senate, OMB control number. The OMB control be, the Agency has determined that the U.S. House of Representatives, and numbers for EPA’s regulations, after modifying these SNURs will not result the Comptroller General of the United initial display in the preamble of the in significant changes in human or States prior to publication of the rule in final rules, are listed in 40 CFR part 9. environmental exposure. The the Federal Register. This is not a modification of SNUR provisions for the The information collection requirements ‘‘major rule’’ as defined by 5 U.S.C. substances designated herein is related to this action have already been 804(2). approved by OMB pursuant to the PRA consistent with the provisions of the List of Subjects in 40 CFR Part 721 TSCA section 5(e) consent order or data under OMB control number 2070–0012 Environmental protection, Chemicals, submitted in the SNUN or PMN. (EPA ICR No. 574). This action does not impose any burden requiring additional Hazardous substances, Reporting and III. Public Record and Electronic OMB approval. recordkeeping requirements. Submissions If an entity were to submit a Dated: August 17, 1998. The official record for this significant new use notice to the rulemaking, as well as the public Agency, the annual burden is estimated Charles M. Auer, version, has been established for this to average between 30 and 170 hours Director, Chemical Control Division, Office rulemaking under docket control per response. This burden estimate of Pollution Prevention and Toxics. number OPPTS–50631A (including includes the time needed to review Therefore, 40 CFR part 721 is comments and data submitted instructions, search existing data amended as follows: electronically). A public version of this sources, gather and maintain the data record, including printed, paper needed, and complete, review, and PART 721Ð[AMENDED] versions of electronic comments, which submit the required significant new use 1. The authority citation for part 721 does not include any information notice. claimed as CBI, is available for continues to read as follows: Send any comments about the inspection from 12 noon to 4 p.m., Authority: 15 U.S.C. 2604, 2607, and accuracy of the burden estimate, and Monday through Friday, excluding legal 2625(c). any suggested methods for minimizing holidays. The official rulemaking record respondent burden, including through 2. Section 721.1765 is amended by is located in the TSCA Nonconfidential the use of automated collection revising paragraphs (a)(2)(i) and (a)(2)(ii) Information Center, Rm. NE–B607, 401 techniques, to the Director, OPPE to read as follows: M St., SW., Washington, DC. Regulatory Information Division, U.S. § 721.1765 2-Substituted benzotriazole. IV. Regulatory Assessment Environmental Protection Agency (Mail (a) * * * Requirements Code 2137), 401 M St., SW., (2) * * * Under Executive Order 12866, Washington, DC 20460, with a copy to (i) Protection in the workplace. entitled Regulatory Planning and the Office of Information and Regulatory Requirements as specified in § 721.63 Review (58 FR 51735, October 4, 1993), Affairs, Office of Management and (a)(1), (a)(3), (a)(4), (a)(5)(ii), (a)(5)(iv), this action is not a ‘‘significant Budget, 725 17th St., NW., Washington, (a)(5)(v), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), (b) regulatory action’’ subject to review by DC 20503, marked Attention: Desk (concentration set at 1.0 percent), and the Office of Management and Budget Officer for EPA. Please remember to (c). (OMB). In addition, this action does not include the OMB control number in any (ii) Hazard communication program. impose any enforceable duty or contain correspondence, but do not submit any Requirements as specified in § 721.72 any unfunded mandate as described in completed forms to these addresses. (a), (b), (c), (d), (e) (concentration set at the Unfunded Mandates Reform Act of In addition, pursuant to section 605(b) 1.0 percent), (f), (g)(1)(i), (g)(1)(ii), 1995 (Pub. L. 104–4), or require prior of the Regulatory Flexibility Act (RFA) (g)(1)(iv), (g)(1)(vi), (g)(1)(viii), (g)(2)(i), consultation with State officials as also (5 U.S.C. 601 et seq.), the Agency has (g)(2)(ii), (g)(2)(iv), (g)(2)(v), and (g)(5). specified in Executive Order 12875, previously certified, as a generic matter, * * * * * entitled Enhancing the that the promulgation of a SNUR does 3. Section 721.1790 is revised to read Intergovernmental Partnership (58 FR not have a significant adverse economic as follows: 58093, October 28, 1993). Nor does it impact on a substantial number of small involve special considerations of entities. The Agency’s generic § 721.1790 Polybrominated biphenyls. environmental justice related issues as certification for promulgation of new (a) Chemical substances and required by Executive Order 12898, SNURs appears on June 2, 1997 (62 FR significant new uses subject to reporting. entitled Federal Actions to Address 29684) (FRL–5597–1) and was provided (1) The chemical substances identified Environmental Justice in Minority to the Chief Counsel for Advocacy of the as 1,1′-(Biphenyl, 4,4′-dibromo- (CAS Populations and Low-Income Small Business Administration. No. 92–86–4); 1,1′-(Biphenyl, 2-bromo- 45956 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

(CAS No. 2052–07–5); 1,1′-(Biphenyl, 3- dimethyl- (PMNs P–88–864, P–90–211, effects not fully determined), (g)(2)(i), bromo- (CAS No. 2113–57–7); 1,1′- and P–94–921; CAS No. 5384–21–4) is (g)(2)(ii), (g)(2)(iii), and (g)(5). The (Biphenyl, 2,2′, 3,3′, 4,4′, 5,5′, 6,6′- subject to reporting under this section requirements of this paragraph shall not decabromo- (CAS No. 13654–09–6); for the significant new uses described in apply when the PMN substance is Nonabromobiphenyl (CAS No. 27753– paragraph (a)(2) of this section. encapsulated in a polymeric matrix. 52–2); Octabromobiphenyl (CAS No. (2) The significant new uses are: * * * * * 27858–07–7); and Hexabromobiphenyl (i) Protection in the workplace. (CAS No. 36355–01–8) are subject to Requirements as specified in § 721.63 [FR Doc. 98–23208 Filed 8–27–98; 8:45 am] reporting under this section for the (a)(1), (a)(3), (a)(4), (a)(5)(ii), (a)(5)(iv), BILLING CODE 6560±50±F significant new uses described in (a)(5)(v), (a)(6)(i), (b) (concentration set paragraph (a)(1)(i) of this section. at 1 percent), and (c). (i) The significant new use is: Any (ii) Hazard communication program. FEDERAL COMMUNICATIONS use. Requirements as specified in § 721.72 COMMISSION (ii) Specific requirements. The (a), (b), (c), (d), (e) (concentration set at provisions of subpart A of this part 1 percent), (f), (g)(1)(iv), (g)(2)(iv), 47 CFR Chapter I apply to this section except as modified (g)(2)(v), (g)(3)(ii), (g)(4)(iii), and (g)(5). [CC Docket No. 91±141; FCC 98±199] by this paragraph. The label and MSDS as required by this (A) Persons who must report. Section paragraph shall also include the Expanded Interconnection With Local 721.5 applies to this section except for following statements: This substance Telephone Company Facilities § 721.5(a)(2). A person who intends to may cause blood effects. This substance AGENCY: Federal Communications manufacture, import, or process for may cause chronic effects. Commission. commercial purposes a substance (iii) Industrial, commercial, and ACTION: Final rule. identified in paragraph (a)(1) of this consumer activities. Requirements as section and intends to distribute the specified in § 721.80 (g), (l), and (q). SUMMARY: The Order on Reconsideration substance in commerce must submit a (iv) Release to water. Requirements as (Order) released August 18, 1998 denies significant new use notice. specified in § 721.90 (a)(1), (b)(1), and Association for Local (B) [Reserved] (c)(1). Telecommunications Services and (2) The chemical substance identified (b) * * * WilTel, Inc. Petitions for ′ as 1,1 -(Biphenyl, 4-bromo- (CAS No. (1) Recordkeeping. Recordkeeping Reconsideration of the Expanded 92–66–0) is subject to reporting under requirements as specified in § 721.125 Interconnection with Local Telephone this section for the significant new uses (a), (b), (c), (d), (e), (f), (g), (h), (i), and Company Facilities, CC Docket No. 91– described in paragraph (a)(2)(i) of this (k) are applicable to manufacturers, 141, Third Report and Order, Transport section. importers, and processors of this Phase, II (Tandem Switching Order), (i) The significant new uses are: substance. and grants the motion to withdraw filed (A) Industrial, commercial, and * * * * * by Southwestern Bell Telephone consumer activites. Requirements as 5. Section 721.8450 is amended by Company. specified in § 721.80 (f), (j), and (s) revising paragraphs (a)(2)(i) and (a)(2)(ii) EFFECTIVE DATE: September 28, 1998. (10,000 kilograms). to read as follows: FOR FURTHER INFORMATION CONTACT: (B) Release to water. Requirements as specified in § 721.90 (a)(1), (b)(1), and § 721.8450 2-Propenoic acid, 2-methyl-, 2- Jason Oxman, Attorney, Common (c)(1). [3-(2H-benzotriazol-2-yl)-4- Carrier Bureau, Policy and Program (ii) Specific requirements. The hydroxyphenyl]ethyl ester. Planning Division, (202) 418–1580. provisions of subpart A of this part (a) * * * SUPPLEMENTARY INFORMATION: This is a apply to this section except as modified (2) * * * summary of the Commission’s Order On by this paragraph. (i) Protection in the workplace. Reconsideration adopted August 12, (A) Recordkeeping. Recordkeeping Requirements as specified in § 721.63 1998, and released August 18, 1998. The requirements as specified in § 721.125 (a)(1), (a)(3), (a)(4), (a)(5)(ii), (a)(5)(iv), full text of this Order is available for (a), (b), (c), (i), and (k) are applicable to (a)(5)(v), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), (b) inspection and copying during normal manufacturers, importers, and (concentration set at 1.0 percent), and business hours in the FCC Reference processors of this substance. (c). Center, 1919 M St., N.W., Room 239, (B) Limitations or revocation of (ii) Hazard communication program. Washington, D.C. The complete text also certain notification requirements. The Requirements as specified in § 721.72 may be obtained through the World provisions of § 721.185 apply to this (a), (b), (c), (d), (e) (concentration set at Wide Web, at http://www.fcc.gov/ section. 1.0 percent), (f), (g)(1)(i), (g)(1)(ii), Bureaus/Common Carrier/Orders/fcc98– (C) Determining whether a specific (g)(1)(iv), (g)(1)(vi), (g)(1)(viii), (g)(2)(i), 199.wp, or may be purchased from the use is subject to this section. The (g)(2)(ii), (g)(2)(iv), (g)(2)(v), and (g)(5). Commission’s copy contractor, provisions of § 721.1725(b)(1) apply to * * * * * International Transcription Service, this section. 6. Section 721.9800 is amended by Inc., (202) 857–3800, 1231 20th St., (b) [Reserved] revising paragraph (a)(2)(i) to read as N.W., Washington, D.C. 20036. 4. Section 721.5740 is amended by follows: Regulatory Flexibility Certification revising paragraphs (a) and (b)(1) as follows: § 721.9800 Poly(substituted triazinyl) In the Tandem Switching Order, the piperazine (generic name). Commission noted that it certified in the § 721.5740 Phenol, 4,4′-methylenebis (2,6- (a) * * * Second Notice of Proposed Rulemaking, dimethyl-. (2) * * * 57 FR 56888, December 1, 1992, that the (a) Chemical substance and (i) Hazard communication program. conclusions it proposed to adopt would significant new uses subject to reporting. Requirements as specified in § 721.72 not have a significant economic impact (1) The chemical substance identified as (b)(2), (c), (e) (concentration set at 1.0 on a substantial number of small Phenol, 4,4′-methylenebis (2,6- percent), (f), (g)(1) (statement-health business entities. No comments were Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45957 submitted in response to the technological innovation, and making and upgrade software to provide Commission’s request for comment on more efficient use of the country’s tandem-to-tandem signalling. While the its certification. In this present Order on telecommunications networks. The parties seeking tandem-to-tandem Reconsideration, the Commission Commission determined that the interconnection urge that the costs promulgates no additional final rules, benefits of allowing this competition associated with such interconnection and our action does not affect the outweigh the de minimis potential costs are minimal, they have not provided previous analysis. incurred by the incumbent LECs in any precise information to support those providing the necessary signalling. Synopsis of Order on Reconsideration assertions. On this record, we thus Finally, the Tandem Switching Order conclude that WilTel and ALTS have 1. In its Third Report and Order, 59 explicitly did not require incumbent not met their burden of persuading us FR 32925 June 27, 1994, in the LECs to provide signalling information to reconsider the Commission’s earlier expanded interconnection proceeding, from their tandem offices. The the Commission directed all Tier 1 local Commission found that the record did decision in the Tandem Switching exchange carriers (LECs), except not reveal how tandem-to-tandem Order. National Exchange Carrier Association, interconnection could be competitively 5. We note here that the record Inc. (NECA) pool members, to provide viable, either from a service quality or suggests no reason why carriers desiring third parties with the signalling pricing perspective. signalling from LEC tandems cannot information necessary for these parties 3. WilTel, Inc. (WilTel) and the obtain that signalling through the to supply tandem switching. Expanded Association for Local separate, yet to some extent parallel, Interconnection with Local Telephone Telecommunications Services (ALTS) interconnection requirements mandated Company Facilities, CC Docket No. 91– filed petitions for reconsideration of the by the Telecommunications Act of 1996 141, Third Report and Order, Transport Tandem Switching Order urging the and the Commission’s subsequent order Phase II, 9 FCC Rcd 2718 (1994) Commission to reconsider its decision establishing rules implementing those (Tandem Switching Order). Three not to require tandem-to-tandem requirements. Sections 251(c)(2) and parties filed for reconsideration of the interconnection. Southwestern Bell 251(c)(3) of the Communications Act of Tandem Switching Order, but one of the Telephone Company (SWBT) also filed three parties has sought to withdraw its a petition for clarification and 1934, as amended by the petition. For the reasons discussed reconsideration of the Tandem Telecommunications Act of 1996, below, we deny the two remaining Switching Order, claiming technical obligate incumbent LECs to provide petitions. difficulties in implementing that order. interconnection and access to 2. The Tandem Switching Order SWBT subsequently filed a motion to unbundled elements, upon request, at required Tier 1 incumbent LECs other withdraw its petition. any ‘‘technically feasible point.’’ As than NECA pool members to provide all 4. We deny the WilTel and ALTS explained in the Local Competition interested third parties, such as petitions to reconsider the Order, the term ‘‘technically feasible’’ competitive local exchange carriers, Commission’s decision not to require refers solely to technical or operational interexchange carriers (IXCs), and end incumbent LECs to provide signalling concerns, rather than economic, space, users, with the signalling information from their tandems in its Tandem or site considerations. necessary for those parties to install Switching Order. The Commission 6. Finally, we agree with many of the their own tandems to provide tandem explicitly considered and decided LEC commenters that consideration of switching services. These third parties, against requiring LECs to provide called tandem switch providers (TSPs), tandem-to-tandem interconnection, modification of the Commission’s new would then be able to compete with the finding that the costs of tandem-to- services test for LECs subject to price incumbent LECs in providing tandem tandem signalling were not shown to be cap regulation is beyond the scope of switched transport. Tandem switched justified by either the benefits of, or this proceeding. Such arguments are transport refers to traffic transported by demand for, such signalling. Nothing in more properly raised in petitions filed means of a tandem switch, which is an the record on reconsideration persuades regarding individual tariffs, and we intermediate switch between an us to alter this finding. First, the therefore decline to consider them here. originating telephone call location and petitioners have not presented sufficient For the reasons discussed, we affirm our the final destination of the call. TSPs evidence to demonstrate that demand decision not to require LECs to provide carry traffic of multiple interexchange for this service exists or that this is a tandem-to-tandem signalling. carriers from LEC end offices to their viable service. Even WilTel admits that 7. Accordingly, pursuant to the own tandems, and then deliver the the demand for this service is authority contained in sections 1, 4, and traffic to the appropriate IXC. The speculative. In addition, while some 201–205 of the Communications Act of Commission found that availability to commenters claim that tandem-to- 1934, as amended, 47 U.S.C. 151, 154, third parties of signalling information tandem switching is necessary to needed for tandem switching could provide ubiquitous service, they do not and 201–205, It is ordered that the provide significant public benefits, such dispute that such a goal may be petition for reconsideration of the as facilitating broader access achieved by collocating at LEC tandems Association for Local competition by enabling interconnectors and routing traffic from those tandems Telecommunications Services and the to offer competitive interstate tandem to their own tandems, using separate petition for reconsideration of WilTel, switching and transport services. In the trunk groups for each IXC. Instead, these Inc. Are Denied as described. Commission’s view, small IXCs, which commenters argue only in general terms 8. It is Further Ordered that the rely heavily on tandem-switched that this option is not cost-efficient. Motion to Withdraw Southwestern Bell transport, would particularly benefit. Second, petitioners have failed to Telephone’s Petition for Clarification The Commission also found that support their claim that the costs and Reconsideration is granted. competitive tandem switching would associated with tandem-to-tandem yield other benefits, such as putting interconnection would be minimal. The 9. It is Further Ordered that the downward pressure on access charges LECs claim that they would incur Motion for Leave to File Late Reply of and long-distance rates, increasing significant costs to develop standards WilTel, Inc. is granted. 45958 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

Federal Communications Commission. funding period from July 1, 1998 telecommunications services and Magalie Roman Salas, through September 30, 1998. No more Internet access for all discount Secretary. than $325 million shall be collected for categories, as determined by the schools [FR Doc. 98–23148 Filed 8–27–98; 8:45 am] the funding period from October 1, 1998 and libraries discount matrix in BILLING CODE 6712±01±P through December 31, 1998. No more § 54.505(c) of this part. These services than $325 million shall be collected for shall receive first priority for the the funding period from January 1, 1999 available funding. FEDERAL COMMUNICATIONS through March 31, 1999. No more than (ii) Schools and Libraries Corporation COMMISSION $325 million shall be collected for the funding period from April 1, 1999 shall then calculate the amount of 47 CFR Parts 54 through June 30, 1999. No more than available funding remaining after $1.925 billion shall be collected or providing support for all [CC Docket No. 96±45; FCC 98±120] disbursed during the eighteen month telecommunications services and Internet access for all discount Federal-State Joint Board on Universal period from January 1, 1998 through Service June 30, 1999. categories. Schools and Libraries (2) The carryover of unused funding Corporation shall allocate the remaining AGENCY: Federal Communications authority will not apply for the funding funds to the requests for support for Commission. period January 1, 1998 through June 30, internal connections, beginning with the ACTION: Final rule; correction. 1999. To the extent that the amounts most economically disadvantaged collected in the funding period January schools and libraries, as determined by SUMMARY: This document corrects 1, 1998 through June 30, 1999 are less the schools and libraries discount portions of the Commission’s rules that than $2.25 billion, the difference will matrix in § 54.505(c) of this part. were published in the Federal Register not be carried over to subsequent Schools and libraries eligible for a 90 of August 12, 1998 (63 FR 43088). funding years. Carryover of funds will percent discount shall receive first EFFECTIVE DATE: August 28, 1998. occur only to the extent that funds are priority for the remaining funds, and FOR FURTHER INFORMATION CONTACT: collected but not disbursed in the those funds will be applied to their Irene Flannery, Common Carrier funding period January 1, 1998 through requests for internal connections. Bureau, (202) 418–7400 or Adrian June 30, 1999. (b) Funding year. A funding year for (iii) To the extent that funds remain Wright, Common Carrier Bureau, (202) after the allocation described in 418–7400. purposes of the schools and libraries cap shall be the period July 1 through §§ 54.507(g)(1) (i) and (ii), Schools and SUPPLEMENTARY INFORMATION: The June 30. For the initiation of the Libraries Corporation shall next allocate Federal Communications Commission mechanism only, the eighteen month funds toward the requests for internal published a document amending part 54 period from January 1, 1998 to June 30, connections submitted by schools and of the Commission’s rules in the Federal 1999 shall be considered a funding year. libraries eligible for an 80 percent Register of August 12, 1998 (63 FR Schools and libraries filing applications discount, then for a 70 percent discount, 43088). In rule FR Doc. 98–21588, within the initial 75-day filing window and shall continue committing funds for published on August 12, 1998, (63 FR shall receive funding for requested internal connections in the same 43088) make the following correction: services through June 30, 1999. manner to the applicants at each 1. On page 43097, in the first column, descending discount level until there instruction number 2 and related * * * * * regulatory text in § 54.507 are corrected (g) Rules of priority. Schools and are no funds remaining. to read as follows: Libraries Corporation shall act in (iv) If the remaining funds are not 2. Section 54.507 is amended by accordance with paragraph (g)(1) of this sufficient to support all of the funding revising paragraphs (a) and (b), by section with respect to applicants that requests within a particular discount redesignating introductory paragraph (g) file a Form 471, as described in level, Schools and Libraries Corporation as (g)(2), redesignating paragraphs (g)(1) § 54.504(c) of this part, when a filing shall divide the total amount of through (g)(4) as (g)(2)(i) through period described in paragraph (c) of this remaining support available by the (g)(2)(i)(iv), adding new introductory section is in effect. Schools and amount of support requested within the Libraries Corporation shall act in paragraph (g) and adding new paragraph particular discount level to produce a accordance with paragraph (g)(2) of this (g)(1) to read as follows: pro-rata factor. Schools and Libraries section with respect to applicants that Corporation shall reduce the support § 54.507 Cap. file a Form 471, as described in level for each applicant within the (a) Amount of the annual cap. The § 54.504(c) of this part, at all times other particular discount level, by multiplying annual cap on federal universal service than within a filing period described in support for schools and libraries shall paragraph (c) of this section. each applicant’s requested amount of be $2.25 billion per funding year, and (1) When the filing period described support by the pro-rata factor. all funding authority for a given funding in paragraph (c) of this section closes, (v) Schools and Libraries Corporation year that is unused in that funding year Schools and Libraries Corporation shall shall commit funds to all applicants shall be carried forward into subsequent calculate the total demand for support consistent with the calculations funding years for use in accordance submitted by applicants during the described herein. with demand, with the following filing period. If total demand exceeds * * * * * exceptions: the total support available for that Federal Communications Commission. (1) No more than $625 million shall funding year, Schools and Libraries be collected or spent for the funding Corporation shall take the following Magalie Roman Salas, period from January 1, 1998 through steps: Secretary. June 30, 1998. No more than $325 (i) Schools and Libraries Corporation [FR Doc. 98–22810 Filed 8–27–98; 8:45 am] million shall be collected for the shall first calculate the demand for BILLING CODE 6712±01±P Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45959

DEPARTMENT OF TRANSPORTATION speed profile at a frequency of at least protocol as a temporary alternative to once every 90-day period with not less the standard’s full scale unbelted barrier Federal Railroad Administration than 30 days interval between crash test. NHTSA took this action to inspections.’’ provide an immediate, but interim, 49 CFR Part 213 On page 34034, in footnote 1 for the solution to the problem of the fatalities [Docket No. RST±90±1, Notice No. 9] track surface table, replace the and injuries that air bags were causing parenthetical sentence with the in relatively low speed crashes to small, RIN 2130±AA75 following sentence: ‘‘(Footnote 1 is but growing numbers of children, and Technical Amendments to the Track applicable September 21, 1999.)’’ occasionally to adult occupants. Safety Standards On page 34042, in § 213.305(b)(1)(ii), The agency subsequently issued three remove the final period and replace interim final rules related to AGENCY: Federal Railroad with a semi-colon followed by the word depowering. Two of the interim final Administration (FRA), Department of ‘‘or’’. rules made further amendments to the Transportation (DOT). On page 34049, remove the first occupant protection standard so that ACTION: Final rule; corrections. sentence of § 213.343 and replace with certain exclusions or special, less the following sentence: ‘‘Each track stringent test requirements in related SUMMARY: The Federal Railroad owner with track constructed of CWR standards that applied to vehicles Administration published in the shall have in effect and comply with certified to the unbelted barrier test Federal Register of June 22, 1998 (63 FR written procedures which address the would also apply to vehicles certified to 33992), a final rule to revise the Track installation, adjustment, maintenance the alternative sled test. The third Safety Standards contained in 49 CFR and inspection of CWR, and a training interim final rule made modifications in part 213. The publication included program for the application of those the test dummy used in the occupant several inadvertent errors which this procedures, which shall be submitted to protection standard so that it would be notice corrects. the Federal Railroad Administration by consistent with respect to the DATES: Effective on September 28, 1998. March 21, 1999.’’ instrumentation specified in the sled FOR FURTHER INFORMATION CONTACT: On page 34053, in § 213.365(e), test protocol for measuring neck injury Allison H. MacDowell, Office of Safety replace the word ‘‘crossover’’ with the criteria. Assurance and Compliance, Federal words ‘‘track crossing.’’ DATES: Effective Date: The amendments Railroad Administration, 400 Seventh On page 34054, under ‘‘Appendix B to made in this rule are effective Street, S.W., Mail Stop 25, Washington, part 213—Schedule of Civil Penalties,’’ September 1, 1998. D.C. 20590 (telephone: 202–493–6236), remove footnote 2 from 213.4(e)(1), Petitions: Petitions for reconsideration or Nancy Lummen Lewis, Office of 213.4(e)(2), 213.4(e)(3), and 213.4(e)(4). must be received by October 13, 1998. Chief Counsel, Federal Railroad Dated: August 21, 1998. ADDRESSES: Petitions for reconsideration Administration, 400 Seventh Street, Edward R. English, should refer to the docket and notice S.W., Mail Stop 10, Washington, D.C. Director, Office of Safety Assurance and number of this notice and be submitted 20590 (telephone: 202–493–6047). Compliance. to: Administrator, National Highway SUPPLEMENTARY INFORMATION: FRA [FR Doc. 98–23016 Filed 8–27–98; 8:45 am] Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC published a final rule in the Federal BILLING CODE 4910±06±P Register of June 22, 1998, (63 FR 33992), 20590. which, effective September 21, 1998, FOR FURTHER INFORMATION CONTACT: For will replace the Track Safety Standards DEPARTMENT OF TRANSPORTATION information about air bags and related in 49 CFR part 213. The final rule, rulemakings: Visit the NHTSA web site however, contained several inadvertent National Highway Traffic Safety at http://www.nhtsa.dot.gov and select errors which are corrected in this notice. Administration ‘‘AIR BAGS: Information about air In the final rule published June 22, bags.’’ 1998, (63 FR 33992), make the following 49 CFR Parts 571 and 572 For non-legal issues: Mr. John Lee, corrections: [Docket No. NHTSA±98±4358] Light Duty Vehicle Division, NPS–11, On page 34000, second column, National Highway Traffic Safety fourth paragraph, remove ‘‘§ 213.1 RIN Nos. 2127±AG75, 2127±AG80, and Administration, 400 Seventh Street, SW, (Penalties)’’ and replace with ‘‘§ 213.15 2127±AG94 Washington, DC 20590. Telephone: (Penalties)’’. Federal Motor Vehicle Safety (202) 366–2264. Fax: (202) 366–4329. On page 34002, first column, remove Standards; Occupant Crash For legal issues: J. Edward Glancy, the last sentence of the third paragraph Protection; Anthropomorphic Test Office of Chief Counsel, NCC–20, which states, ‘‘With the elimination of Dummy National Highway Traffic Safety the current text of subsection (d), this Administration, 400 Seventh Street, SW, subsection now designated as (e) would AGENCY: National Highway Traffic Washington, DC 20590. Telephone: become subsection (d).’’ Safety Administration (NHTSA), DOT. (202) 366–2992. Fax: (202) 366–3820. On page 34033, remove the first ACTION: Final rule. SUPPLEMENTARY INFORMATION: sentence of § 213.53(g)(4), and replace with the following sentence: ‘‘The track SUMMARY: This rule makes permanent I. Background owner or railroad operates an three interim final rules related to the On March 19, 1997, NHTSA instrumented car having dynamic depowering of air bags. In March 1997, published in the Federal Register (62 response characteristics that are NHTSA amended the agency’s occupant FR 12960) a final rule amending representative of other equipment crash protection standard to ensure that Standard No. 208, Occupant Crash assigned to service or a portable device vehicle manufacturers could quickly Protection, to ensure that vehicle that monitors on-board instrumentation depower all air bags so that they inflate manufacturers could quickly depower on trains over the curves in the less aggressively. More specifically, the all air bags so that they inflate less identified track segment at the revenue agency adopted an unbelted sled test aggressively. More specifically, the 45960 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations agency adopted an unbelted sled test provision in Standard No. 201, occupants or standing children. However, the protocol, recommended by the Occupant protection in interior impact, final rule was not limited to passenger air American Automobile Manufacturers could also prevent or substantially delay bags with upward-deploying systems, as the Association (AAMA), as a temporary depowering. That provision specified a agency wanted to allow manufacturers wide latitude in innovation for all passenger air alternative to Standard No. 208’s full special, less stringent test requirement bags. scale unbelted barrier crash test. The for vehicles which meet Standard No. NHTSA believes that the rationale for agency did not change the standard’s 208’s barrier crash test requirements by Standard No. 201’s special, less stringent test full scale belted barrier crash test. means of an air bag. Thus, the special requirement for vehicles equipped with NHTSA took this action to provide an requirement would also not apply to a passenger air bags and certified to Standard immediate, but interim, solution to the vehicle which was certified to Standard No. 208’s barrier test is equally applicable to problem of the fatalities and injuries No. 208’s alternative sled test vehicles certified to the alternative sled test. that current air bags are causing in requirement. The concern about the need to meet Standard relatively low speed crashes to small, Just as NHTSA decided to issue an No. 201’s 15 mph head form test interfering but growing numbers of children, and with the design of passenger air bags, interim final rule amending Standard especially top-mounted, upward-deploying occasionally to adult occupants. No. 208 in order that the exclusions in systems, would not differ depending on The agency subsequently issued three Standard Nos. 203 and 209 would also whether an air bag is depowered or not. interim final rules related to be available for vehicles certified to the Moreover, the need to meet the 15 mph depowering. Two of the interim final sled test, so it took similar action with requirement would interfere with rules made further amendments to respect to the special, less stringent test depowering. Standard No. 208 so that certain requirement set forth in Standard No. Vehicle manufacturers presumably test exclusions or special, less stringent test 201. This interim final rule was their air-bag-equipped vehicles to Standard requirements in related standards that published in the Federal Register (62 No. 201’s 12 mph head form requirement, rather than the 15 mph requirement, based applied to vehicles certified to the FR 45172) on August 26, 1997. The unbelted barrier test would also apply to on the current special requirement. Thus, the agency explained its belief that the manufacturers do not know whether their vehicles certified to the alternative sled Standard No. 201 situation mirrored vehicles would pass the more stringent test. those involving the other two standards. requirement. The first of these interim final rules NHTSA provided specific analysis in If the special requirement were not resulted from a request made by AAMA the preambles for these two interim extended to vehicles certified to the in early April 1997. That organization final rules concerning Standards No. alternative sled test, the vehicle advised the agency that its member 201, 203 and 209. The analyses were as manufacturers would need to conduct companies had discovered that certain follows: significant testing to determine whether provisions in Standard No. 203, Impact those vehicles could comply with the 15 mph protection for the driver from the Standard No. 201 requirement. To the extent that a vehicle steering control system, and Standard Standard No. 201 specifies a number of could not comply, the manufacturer would No. 209, Seat belt assemblies, could requirements to provide impact protection then need to determine whether it was for occupants. One of the requirements possible to make design changes to achieve prevent or substantially delay compliance. All of this would result in depowering. Each of those other concerns instrument panels. The standard generally requires that when specified significant delays to depowering. standards specified an exclusion from portions of the instrument panel are The agency also notes that the purposes of certain requirements for vehicles impacted by a head form at 15 mph, the the depowering amendment and the special certified to meet Standard No. 208’s deceleration of the head form must not requirement in Standard No. 201 are barrier crash test requirements. Thus, exceed 80 g continuously for more than 3 complementary. While the depowering neither exclusion would be available for milliseconds. To comply with this amendment was intended to facilitate quick a vehicle which was certified to requirement, vehicle manufacturers install action to address the problem of deaths and Standard No. 208’s alternative sled test energy absorbing materials. The use of these injuries to out-of-position occupants, the requirement. materials can prevent or reduce the severity special requirement in Standard No. 201 was In an interim final rule published in of chest and head injuries resulting from intended, in part, to facilitate the use of passenger air bag designs that reduce the risk the Federal Register (62 FR 26425) on contacts with the instrument panel. In June 1991, NHTSA published a final of injury to out-of-position occupants or May 14, 1997, the agency amended rule amending Standard No. 201 to specify a standing children. A failure to extend the Standard No. 208, so that the exclusions special, less stringent test requirement for special requirement in No. 201 to vehicles in these two other standards would also vehicles equipped with passenger air bags. 56 certified to the alternative sled test could be available for vehicles certified to the FR 26036; June 6, 1991. The final rule result in the perverse effect of discouraging sled test. NHTSA explained that this reduced the velocity specified in the head air bag designs that reduce the risk of injury action was necessary to prevent a delay form test for these vehicles from 15 mph to to out-of-position occupants or standing in depowering, and also solicited 12 mph. children. comments on the amendment. The The purpose of the June 1991 final rule was to facilitate the introduction of more Standard No. 203 agency noted that because there had not effective air bag designs, and provide an Standard No. 203 specifies requirements been a prior opportunity for comment, incentive for the increased use of passenger- for steering control systems to minimize it was limiting application of the side air bags. (This final rule was issued chest, neck, and facial injuries to the driver interim final rule to vehicles before Congress enacted the Intermodal as a result of impact. The standard does not manufactured before September 1, 1998. Surface Transportation Efficiency Act of apply to ‘‘vehicles that conform to the frontal However, NHTSA explained that it 1991, which directed NHTSA to amend barrier crash requirements (S5.1) of Standard contemplated making the amendment Standard No. 208 to require air bags.) Vehicle No. 208 (49 CFR 571.208) by means of other apply for the same duration as the manufacturers had provided information than seat belt assemblies.’’ showing that Standard No. 201’s existing 15 The agency adopted this exclusion in 1975, depowering amendment. mph head form requirement created in response to a petition from General Motors The second of these interim final problems in designing top-mounted, upward- (GM). GM had advised that in developing rules resulted from a request made by deploying passenger air bags. Manufacturers driver air bags, it found that the changes in AAMA in July 1997. That organization had also identified a number of benefits from the steering control system made conformity advised the agency that its member installation of this type of air bag, including with Standard No. 203 difficult and in some companies had discovered that a similar reduced risk of injury to out-of-position cases impossible. GM petitioned the agency Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45961 to exclude vehicles which meet the frontal The agency believes that this same why this exclusion should not be available barrier crash requirements of Standard No. consideration leads to applying the Standard for vehicles certified to the alternative sled 208 from Standard No. 203 on the grounds No. 203 exclusion to vehicles certified to the test, which addresses unbelted, rather than that compliance with the latter would be alternative sled test, even if the degree of belted, performance. redundant and design restrictive in the redundancy is somewhat less than that development of air bags. afforded by the barrier test requirement. The third interim final rule made In deciding to provide the requested NHTSA notes that the sled test requirement modifications in the Hybrid III test exclusion, NHTSA stated that it had need only be met at a single change in dummy used in Standard No. 208 to determined that the redundant protection velocity, rather than at all speeds up to 30 upgrade the dummy so that it would be offered by Standard No. 203 is not justified mph. However, the agency believes that a consistent with respect to the where it directly interferes with the depowered air bag will provide protection at instrumentation specified in the sled development of a more advanced, convenient speeds above the deployment level, and does test protocol for measuring neck injury and effective restraint system. 40 FR 17992, not believe manufacturers will reduce the criteria. While the sled test protocol April 24, 1975. In the notice of proposed protection currently being offered by steering specified use of a six-axis neck rulemaking, the agency explained that the control systems at speeds below the level of protection offered by Standard No. deployment level. transducer, the specifications for the 208’s frontal barrier crash test is at least Hybrid III dummy, set forth in Subpart equivalent to that of the 15-mile-per-hour Standard No. 209 E of Part 572, Anthropomorphic Test body impact of Standard No. 203. The agency One of the performance requirements Devices, did not include that also explained that Standard No. 208’s specified by Standard No. 209 limits the instrumentation. This interim final rule barrier crash test requirements alone are amount that the webbing of a belt assembly was published in the Federal Register designed to provide adequate protection to is permitted to extend or elongate when (62 FR 27511) on May 20, 1997. the driver from impact forces. NHTSA noted subjected to certain forces. This requirement that in the case of an air bag, this protective does not apply to seat belt assemblies that II. Comments level must be met by the uncushioned include a load limiter and that are installed steering control system below the system’s at designated seating positions subject to the A. Exclusions From Certain deployment level and by the air bag above requirements of S5.1 of Standard No. 208. Requirements of Standards No. 203 and the deployment level, at any speed up to 30 This exclusion had its origin in a petition 209 mph. for rulemaking submitted by Mercedes-Benz NHTSA received four comments on NHTSA believes that the rationale for (Mercedes). That company petitioned the Standard No. 203’s exclusion for vehicles agency to exclude from the elongation the interim final rule concerning certified to Standard No. 208’s barrier test is requirement seat belt assemblies installed in exclusions from certain requirements of also applicable to vehicles certified to the conjunction with air bags. Standards No. 203 and 209, from alternative sled test. The concern about the Mercedes was considering the use of a belt Advocates for Highway and Auto Safety need to meet Standard No. 203 interfering system that incorporates a load-limiting (Advocates), the Insurance Institute for with the design of air bags would not differ device. A load-limiter is a seat belt assembly Highway Safety (IIHS), Mitsubishi, and depending on whether an air bag is component or feature that controls tension on Volkswagen. None of the commenters depowered or not. Moreover, the need to the seat belt to modulate the forces that are opposed the extension of the exclusions; meet Standard No. 203 would particularly imparted to occupants restrained by the belt however, Advocates raised a number of interfere with depowering. assembly during a crash. These load-limiting It is NHTSA’s understanding, based on its systems are intended to reduce head and issues which it believed required further discussions with AAMA, that the vehicle upper torso injuries through increased energy analysis. manufacturers do not test their air-bag- management. IIHS stated that it fully supports the equipped vehicles to Standard No. 203, based Mercedes indicated that the webbing in its amendment. That commenter stated that on the current exclusion. Thus, the belt system would elongate beyond the limits the reasons for excluding the manufacturers do not know whether their that were specified in Standard No. 209. requirements regarding steering controls vehicles would pass Standard No. 203’s However, Mercedes argued that this type of systems (Standard No. 203) and belt requirements. belt system should be allowed in vehicles elongation (Standard No. 209) are just as In the absence of an exclusion for vehicles equipped with air bags since the two systems applicable to vehicles certified to certified to the alternative sled test, the used in conjunction with one another can be vehicle manufacturers would need to designed to achieve the maximum reduction Standard No. 208’s unbelted sled test conduct significant testing to determine in head injuries and upper torso injuries. alternative as they are to vehicles whether a vehicle could comply with NHTSA adopted the exclusion requested certified to the barrier crash test. IIHS Standard No. 203. To the extent that a by Mercedes in 1981. The agency limited the stated that the amendment should be vehicle could not comply, the manufacturer exclusion to vehicles equipped with retained as long as the sled test would then need to determine whether it was automatic restraints since there were then no alternative is available. possible to make design changes that would dynamic performance requirements or injury Mitsubishi and Volkswagen also result in compliance. All of this would result criteria for manual belt systems used alone. supported the interim final rule and in significant delays to depowering. See 46 FR 2618–19, January 12, 1981. Later, requested that the exclusions be NHTSA also believes that the protection however, after it established dynamic testing available for as long as the unbelted sled specified by Standard No. 203 is redundant requirements for manual safety belt systems to that offered by depowered air bags in passenger cars and light trucks, the agency test exists. certified to the alternative sled test. The extended this exclusion to permit the use of Advocates stated that it accepts that agency notes that the alternative sled test load limiters on all safety belts installed at the extension of exemptions from addresses the same safety problems as the seating positions subject to dynamic testing. testing under Standards No. 203 and full scale barrier test. See 56 FR 15295, April 16, 1991. 209 are necessary in order to ensure that In the depowering rulemaking, the agency With respect to whether this exclusion depowering is not delayed. It also stated recognized that a full scale barrier test does should apply to vehicles certified to the that it supports depowering as a offer a number of advantages over a sled test. alternative sled test, the key point is that necessary temporary measure to However, the agency decided to allow the these vehicles will continue to have to be improve the safety of out-of-position sled test as a temporary measure given the certified to Standard No. 208’s full scale need to provide manufacturers with belted barrier crash test. Thus, safety belts occupants and does not want any delay maximum flexibility to respond rapidly to will continue to be subject to the same in accomplishing that goal. the risk posed by air bag activation in low dynamic performance requirements as before That organization argued, however, speed crashes. See 62 FR 12965—66, March the depowering final rule was issued. The that the interim final rule raises 19, 1997. agency therefore believes there is no reason concerns about the collateral results of 45962 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations depowering. It stated that the agency been raised in the depowering transducer replacement. That had not presented any engineering rulemaking. commenter argued, however, that it is results or safety analyses to establish concerned that the modifications to the B. Special, Less Stringent Test that, if the exemptions for crash tested dummy to incorporate the six-axis Requirement for Standard No. 201 vehicles are extended to vehicles transducers might make it necessary for certified by sled test, there will be no NHTSA received only one comment a manufacturer to re-test its vehicles, in diminution of the safety protection on the interim final rule concerning the some cases, to be sure that are no afforded to occupants under the special, less stringent test requirement unforeseeable differences in dummy circumstances and conditions addressed for Standard No. 201, from Advocates. kinematics. in Standards No. 203 and No. 209. That organization concurred with the Mitsubishi also argued that since the With respect to Standard No. 203 amendment subject to the exception for barrier test does not include neck injury protection for drivers from vehicle depowered air bags remaining criteria, requiring the six-axis steering columns, Advocates noted that temporary. Advocates stated that it transducer on the Hybrid III dummy for the agency stated that ‘‘manufacturers believes there is a potential for barrier testing is unnecessarily do not know whether their vehicles increased numbers of serious head burdensome. That commenter stated would pass Standard No. 203’s impact injuries as a result of that should the agency nonetheless requirements.’’ That organization stated depowering. It stated that the agency make the six-axis transducer a that in light of this information, it does lacked any test data or other information permanent requirement for all Hybrid III not understand how the agency can to support the change on a permanent dummies, a lead time of at least one conclude that ‘‘the protection specified basis. Advocates also expressed year should be provided. additional concerns about the making of by Standard No. 203 is redundant to Mercedes stated that it believes there regulatory changes by means of interim that offered by depowered air bags.’’ should be an interim period of several final rules. Advocates argued that regardless of the years time where either a three-axis or rate at which the inflator powers the air C. Six-Axis Neck Transducer six-axis neck transducer may be used for bag, the agency is obliged to ascertain NHTSA received seven comments on the purpose of the sled test. Mercedes facts and conduct engineering the interim final rule amending stated that the three-axis neck evaluations in order to make a specifications for the Hybrid III dummy transducer is sufficient for purposes of determination that Standard No. 203 has to include the six-axis neck transducer. measuring the neck injury criteria no application at all in vehicles with General Motors (GM), Ford, and IIHS specified as part of Standard No. 208’s driver-side air bags. supported making the changes sled test. As to seat belt elongation permanent. GM and Ford pointed out a Toyota made similar arguments to requirements under Standard No. 209, typographical error in which section those of some of the other Advocates stated that it understands the 572.36(i)(8) identified a channel class of manufacturers concerning use of either agency’s rationale that safety belt 1000 for femur loads, instead of a the three-axis or six-axis transducer, and systems remain subject to dynamic channel class of 600. the need for lead time if the agency performance requirements and that the The other commenters, Nissan, makes the six-axis transducer sled test applies to unbelted, rather than Mercedes-Benz (Mercedes), Toyota, and mandatory. Toyota also stated that it belted, performance for occupant Mitsubishi, requested either that use of conducted a neck calibration test to protection. That organization noted that the six-axis neck transducer be optional investigate the influence of a change the agency had pointed out that the or that a longer period of time be from the three-axis neck transducer to a exclusion was originally provided on provided before it becomes mandatory. six-axis neck transducer. It stated that the basis that air bags and load-limiter Nissan stated that there is not any data for both transducers are in the equipped seat belt systems ‘‘used in need to require the six-axis neck requirement corridor, but there is a conjunction with one another can be transducer for test requirements other difference in moment value. That designed to achieve maximum than the sled test, since the other tests company stated that, as a result, it does reduction in head injuries and upper do not include neck injury criteria. not know to what extent this difference torso injuries.’’ Advocates argued, Given concerns about the limited affects the Head Injury Criterion value. however, that the question that needs to number of available six-axis Toyota stated that it would therefore be answered is what effect depowering transducers, that company asked that need time to investigate this influence has on the combined performance of the agency either limit application of on its vehicles under development, as these occupant protection systems for the six-axis neck transducer to the sled well as to assess the need for design belted systems. Advocates stated that test or that it be optional for a period of changes. the original exclusion most likely was six months. granted in contemplation of the use of Mitsubishi similarly argued that the III. Legislation Requiring Improved Air full powered air bags meeting the 30 six-axis neck transducer should only be Bags mph crash test and that, in this situation specified for the sled test. That company Subsequent to the comment closing as well, NHTSA is obliged to provide an argued that manufacturers should have dates for the three interim final rules at engineering analysis to prove that the option of using the neck transducer issue, Congress required the agency to depowering has no deleterious effect on structural replacement, three-axis neck conduct rulemaking to improve air bags. the safety performance required under transducer, or six-axis transducer for The NHTSA Reauthorization Act of Standard No. 209. barrier testing. 1998 directs the agency to issue, not Advocates also argued that the agency Mitsubishi noted that the agency had later than September 1, 1998, should provide the public with another stated in the preamble to the interim a notice of proposed rulemaking to improve opportunity to comment after it has final rule that the six-axis transducer occupant protection for occupants of conducted safety and engineering with appropriate head modification is different sizes, belted and unbelted, under analyses. It also expressed concern identical in mass, center of gravity Federal Motor Vehicle Safety Standard No. about the use of an interim final rule, location, and rigidity compared to the 208, while minimizing the risk to infants, arguing that these issues should have three-axis neck transducer or neck children, and other occupants from injuries Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45963 and deaths caused by air bags, by means that designing top-mounted, upward- with statutory criteria. The agency include advanced air bags. deploying passenger air bags. believes that the need to avoid delaying In a paragraph titled ‘‘Coordination of • The agency adopted the Standard depowering justified issuing the rules at Effective Dates,’’ the Act provides that No. 203 exclusion in 1975 because that issue on an interim basis. the unbelted sled test option ‘‘shall standard’s existing requirement NHTSA notes that, as part of today’s remain in effect unless and until interfered with the development of final rule, it is also amending the changed by [the final rule for improved driver air bags. provision at issue in Standard No. 201 • air bags].’’ The Conference Report states The agency adopted the Standard to reflect an updated reference in that the current sled test certification No. 209 exclusion concerning belt Standard No. 208. system elongation in 1981 because the option remains in effect ‘‘unless and B. Six-Axis Neck Transducer until phased out according to the standard’s existing requirement schedule in the final rule.’’ prevented the use of belts that, as part NHTSA is also making final the This legislation is relevant to the three of a combined seat belt/air bag system, amendments to Part 572 so that the interim final rules at issue in two achieved the maximum reduction in Hybrid III test dummy incorporates the primary ways. First, the agency head injuries and upper torso injuries. six-axis neck transducer. The agency is originally adopted the sled test None of these rationales varies correcting the typographical error alternative (to which the interim final depending on whether an air bag- identified by GM and Ford. rules apply) as a temporary amendment equipped vehicle is certified to a barrier As noted earlier, the agency specified with a specific termination date. That test or a sled test, and Advocates has not use of the six-axis neck transducer as date has been superseded by the provided any arguments or analysis part of the final rule establishing the provision of the legislation which suggesting otherwise. Additional sled test alternative, but needed to make specifies that the sled test remains in ‘‘engineering analysis’’ is not needed to a conforming amendment to Part 572 so effect unless it is changed by the final make this obvious point. Thus, the that the Hybrid III dummy incorporated rule for improved air bags. Second, agency believes it is necessary to extend that instrumentation. NHTSA specified while the agency already had plans to the special requirements/exclusions to use of the six-axis neck transducer thoroughly examine in rulemaking what vehicles certified to the sled test. rather than the three-axis transducer occupant protection requirements are Otherwise, the requirements of Standard because the three-axis transducer does appropriate for the future, this No. 201 would create problems in not provide information about the rulemaking will be conducted according designing top-mounted, upward- effects of off-axis loading that may occur to a statutory mandate. deploying passenger air bags, Standard in air bag impacts and crash tests No. 203 would interfere with the involving the dummy’s rotational IV. Agency Decision development of driver air bags, and kinematics. After carefully considering the Standard No. 209 would prevent the use Those commenters which stated that comments, NHTSA has decided to make of belts that, as part of a combined seat the three-axis transducer could be used permanent all of the interim final rules. belt/air bag system, achieve the to measure the neck injury criteria The agency notes that the term maximum reduction in head injuries specified for Standard No. 208’s ‘‘permanent,’’ as used in this context, is and upper torso injuries. unbelted sled test are correct. However, a word of art. It refers to the reissuance, NHTSA believes that Advocates’ real in specifying a test procedure for after notice and comment, of a final rule concerns are with the potential safety measuring neck criteria, the agency initially issued as an interim final rule. consequences related to depowering and believed it was appropriate to specify The use of the term with respect to the with adoption of the unbelted sled test, the more advanced instrumentation. final rules relating to the sled test does rather than with the special The six-axis transducer has been not mean that the agency is deciding in requirements/exclusions that were the available for about a decade and has this rulemaking to make the sled test subject of the interim final rules at been extensively used by both the permanent. The agency will address the issue. However, this concern will be agency and industry. NHTSA has used duration of the sled test itself in the addressed by the upcoming rulemaking the six-axis transducer in its New Car separate rulemaking on advanced air concerning advanced air bags. As Assessment Program and for nearly all bags. indicated above, NHTSA will shortly be of its research and development tests. issuing, pursuant to a statutory NHTSA also notes that, as part of its A. Exclusions/Special Requirements mandate, ‘‘a notice of proposed upcoming rulemaking concerning Related to Standards No. 201, 203 and rulemaking to improve occupant advanced air bags, it may consider the 209 protection for occupants of different adoption of more advanced neck injury As indicated above, the only sizes, belted and unbelted, under criteria than currently specified in commenter which raised concerns about Federal Motor Vehicle Safety Standard Standard No. 208. Such criteria are the exclusions/special requirements No. 208, while minimizing the risk to already used for research purposes. related to Standards No. 201, 203 and infants, children, and other occupants Measurement of the more advanced 209 was Advocates. In responding to from injuries and deaths caused by air injury criteria may require the that organization’s concerns, NHTSA bags, by means that include advanced additional information provided by the believes it is important to emphasize air bags.’’ NHTSA Reauthorization Act six-axis transducer. that each of these exclusions/special of 1998. The agency will thoroughly NHTSA disagrees that specification of requirements was adopted in the past consider, as part of this rulemaking, the six-axis transducer is burdensome. because of considerations related to what occupant protection requirements The agency will use that transducer in safety and air bags generally. In are appropriate for the future, including compliance testing. However, particular: issues related to the unbelted sled test. manufacturers certifying compliance • The agency adopted the special As to Advocates’ concerns about the with the safety standards are not requirement in Standard No. 201 in use of interim final rules, the agency required to follow exactly the 1991 primarily because of concerns that agrees that this type of rulemaking compliance test procedures set forth in the existing Standard No. 201 procedure should only be used where the applicable standard. In fact, requirement created problems in absolutely necessary, in accordance manufacturers are not even required to 45964 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations conduct any actual testing before requested by some of the manufacturers As indicated above, as to the certifying that their products comply for procuring and evaluating the six-axis exclusions/special requirements related with applicable safety standards. neck transducers has already passed. In to Standards No. 201, 203 and 209, the To avoid liability for civil penalties in the past year, vehicle manufacturers and amendments do not impose any new connection with any noncompliance the agency have had considerable requirements but simply ensure that the that may be determined to exist, additional experience in this area. The vehicle manufacturers do not face manufacturers must exercise ‘‘due care’’ agency is not aware of any application design impediments with respect to air- to assure compliance and in making or functional problems that have bag-equipped vehicles certified to the their certification. It may be simplest for resulted from specifying use of the six- unbelted sled test that they do not face a manufacturer to establish that it axis transducer. for air-bag-equipped vehicles certified to exercised ‘‘due care’’ if the the unbelted barrier test. manufacturer has conducted testing that IV. Effective Date As to the amendments related to the strictly followed the compliance test The effective date for today’s Hybrid III test dummy, the amendments procedures set forth in the standard. amendments is September 1, 1998. The do not require any vehicle design However, ‘‘due care’’ might also be agency has selected this date because, changes but instead only specify minor shown using modified test procedures if while the amendments are already in modifications in the test dummies used the modifications were not likely to effect as interim final rules, some of to evaluate a vehicle’s compliance with have had a significant impact on the test them would expire on September 1, Standard No. 208. Further, the costs results. 1998 in the absence of today’s final rule. associated with the amendments are so As discussed in the preamble to the minor that they will not have any effect V. Regulatory Analyses and Notices May 1997 interim final rule, the six-axis on vehicle prices. Therefore, small neck transducer with appropriate head A. Executive Order 12866 and DOT organizations and small governmental modification is identical in mass, center Regulatory Policies and Procedures units are not affected in their capacity of gravity location, and rigidity with the as purchasers of vehicles. previously specified head that was NHTSA has considered the impact of equipped with either the neck this rulemaking action under E.O. 12866 C. Paperwork Reduction Act transducer structural replacement or the and the Department of Transportation’s In accordance with the Paperwork optionally available three-axis neck regulatory policies and procedures. This Reduction Act of 1980 (P.L. 96–511), transducer. Moreover, the modifications rulemaking document was not reviewed there are no requirements for in the Hybrid III dummy necessary to under E.O. 12866, ‘‘Regulatory Planning information collection associated with accommodate the six-axis neck and Review.’’ This action has been this rule. transducer were very minor. determined to be ‘‘nonsignificant’’ This, coupled with the agency’s under the Department of D. National Environmental Policy Act experience in using the Hybrid III Transportation’s regulatory policies and NHTSA has also analyzed this rule dummy with the six-axis neck procedures. under the National Environmental transducer, leads it to believe that use As to the exclusions/special Policy Act and determined that it will of the six-axis transducer does not have requirements related to Standards No. not have a significant impact on the any influence on measurements of 201, 203 and 209, the amendments do human environment. Standard No. 208’s longstanding injury not impose any new requirements, but criteria, e.g., HIC. The agency notes that simply ensure that the vehicle E. Executive Order 12612 (Federalism) while Toyota identified some difference manufacturers do not face design NHTSA has analyzed this rule in in measuring moment value, it did not impediments with respect to air-bag- accordance with the principles and present any data showing an effect on equipped vehicles certified to the criteria contained in E.O. 12612, and HIC. Therefore, the agency believes unbelted sled test that they do not face has determined that this rule will not there is no reason manufacturers could for air-bag-equipped vehicles certified to have significant federalism implications not certify their vehicles based on tests the unbelted barrier test. As to the to warrant the preparation of a using the dummy with the three-axis amendments related to the Hybrid III Federalism Assessment. neck transducer or its structural test dummy, the amendments do not F. Civil Justice Reform replacement, with the possible require any vehicle design changes. exception (depending on the specific Instead, they only require minor This rule does not have any circumstances) of the neck criteria for modifications in the test dummies used retroactive effect. Under 49 U.S.C. the sled test. to evaluate a vehicle’s compliance with 30103, whenever a Federal motor Some commenters suggested that the Standard No. 208. The incremental costs vehicle safety standard is in effect, a rule specify dummy neck options, associated with procuring six axis neck State may not adopt or maintain a safety which would result in multiple dummy transducers, where manufacturers do standard applicable to the same aspect designs. For reasons discussed earlier, not already have such transducers, of performance which is not identical to this is not necessary. Reiterating the represent a negligible cost impact for the Federal standard, except to the most significant reasons, the agency has vehicles. The agency concludes that the extent that the state requirement stated that it will test with the six-axis impacts of the amendments are so imposes a higher level of performance load cell, the dummy changes to minimal that a full regulatory evaluation and applies only to vehicles procured accomplish this change are simple to is not required. for the State’s use. 49 U.S.C. 30161 sets implement, there is no indication that forth a procedure for judicial review of B. Regulatory Flexibility Act dummy HIC data are affected by this final rules establishing, amending or neck configuration, and manufacturers NHTSA has also considered the revoking Federal motor vehicle safety are not required to use the six-axis load impacts of this final rule under the standards. That section does not require cell. Regulatory Flexibility Act. I hereby submission of a petition for Moreover, NHTSA observes that the certify that this rule does not have a reconsideration or other administrative manufacturer comments are now over a significant economic impact on a proceedings before parties may file suit year old. Thus, the amount of time substantial number of small entities. in court. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45965

List of Subjects Subpart EÐHybrid III Test Dummy Comments regarding the burden-hour estimates for collection-of-information 49 CFR Part 571 5. Section 572.36 is amended by requirements contained in this interim revising paragraph (i)(8) to read as Imports, Motor vehicle safety, Motor final rule should be sent to the Regional follows: vehicles, Rubber and rubber products, Administrator and to the Office of Tires. § 572.36 Test conditions and Information and Regulatory Affairs, instrumentation. Office of Management and Budget 49 CFR Part 572 * * * * * (OMB), Washington, DC 20503 Motor vehicle safety. (i) * * * (Attention: NOAA Desk Officer). FOR FURTHER INFORMATION CONTACT: (8) Femur Force—Class 600 In consideration of the foregoing, 49 Bonnie L. VanPelt, Fishery Management CFR Chapter V is amended as follows: * * * * * Specialist, 978–281–9244. Issued: August 25, 1998. SUPPLEMENTARY INFORMATION: PART 571ÐFEDERAL MOTOR Ricardo Martinez, VEHICLE SAFETY STANDARDS Regulations implementing Amendment Administrator. 7 to the FMP became effective on July [FR Doc. 98–23240 Filed 8–27–98; 8:45 am] 1. The authority citation for part 571 1, 1996 (61 FR 27710, May 31, 1996). of Title 49 continues to read as follows: BILLING CODE 4910±59±P These regulations implemented a comprehensive set of measures to Authority: 49 U.S.C. 322, 30111, 30115, control fishing mortality and rebuild the 30117, and 30166; delegation of authority at DEPARTMENT OF COMMERCE 49 CFR 1.50. primary stocks of regulated multispecies. Among the specific 2. Section 571.201 is amended by National Oceanic and Atmospheric measures is a bycatch control measure revising S5.1(b) to read as follows: Administration that prohibits prosecution of any fishery that has not been determined to have a § 571.201 Standard No. 201; Occupant 50 CFR Part 648 protection in interior impact. minimal bycatch of regulated [Docket No. 980724194±8194±01; I.D. multispecies. * * * * * 072098B] The bycatch control restriction is S5.1 * * * RIN 0648±AL37 applied on a fishery basis in each of two (b) A relative velocity of 19 kilometers specific regulated mesh areas: Gulf of per hour for vehicles that meet the Fisheries of the Northeastern United Maine/Georges Bank Regulated Mesh occupant crash protection requirements States; Northeast Multispecies Area and Southern New England of S5.1 of 49 CFR 571.208 by means of Fishery; Cultivator Shoal Whiting Regulated Mesh Area. A vessel may not inflatable restraint systems and meet the Fishery fish in these areas unless it is fishing requirements of S4.1.5.1(a)(3) by means under a multispecies or scallop days-at- AGENCY: National Marine Fisheries sea allocation, is fishing with exempted of a Type 2 seat belt assembly at the Service (NMFS), National Oceanic and right front designated seating position, gear, is fishing under the handgear or Atmospheric Administration (NOAA), party/charter permit restrictions, or is the deceleration of the head form shall Commerce. not exceed 80 g continuously for more fishing in an exempted fishery. ACTION: than 3 milliseconds. Final rule. The procedure for adding, deleting, or modifying exempted fisheries is found * * * * * SUMMARY: NMFS issues this final rule to in 50 CFR 648.80. Additions, deletions, 3. Section 571.208 is amended by modify the regulations implementing or modifications to the list of exempted revising the last sentence of S3 to read the Northeast Multispecies Fishery fisheries may be authorized by the as follows: Management Plan (FMP). This rule adds Administrator, Northeast Region, NMFS herring to the list of species that may be (Regional Administrator) after § 571.208 Standard No. 208; Occupant fished for, possessed on board or landed crash protection. consultation with the New England incidental to whiting in the Cultivator Fishery Management Council (Council), * * * * * Shoal Whiting Fishery Exemption Area. if the Regional Administrator S3. * * * Compliance with S13 shall, The intent of this action is to maximize determines, based on available data or for purposes of Standards No. 201, 203 fishing opportunities in a manner that is information, that the percentage of and 209, be deemed as compliance with consistent with the conservation regulated species, caught as bycatch is, the unbelted frontal barrier objectives of the FMP. or can be reduced to, less than 5 percent requirements of S5.1 of this section. DATES: Effective August 25, 1998. by weight of the total catch and that * * * * * ADDRESSES: Copies of Amendment 7 to such exemption will not jeopardize the The interim final rule amending 49 the FMP (Amendment 7), its regulatory fishing mortality objectives of the FMP. CFR part 572 which was published at 62 impact review (RIR), and the final In August 1996, the Regional FR 27514 on May 20, 1997 is adopted regulatory flexibility analysis contained Administrator received a request from as a final rule with the following within the RIR, and its final the Council to add herring to the list of change: supplemental environmental impact species that may be fished for, statement, are available upon request possessed on board or landed incidental PART 572ÐANTHROPOMORPHIC from Paul J. Howard, Executive Director, to whiting in the existing Cultivator TEST DEVICES New England Fishery Management Shoal Whiting Fishery Exemption Area. Council, 5 Broadway, Saugus, MA This request consists of adding herring 4. The authority citation for Part 572 01906–1097. Copies of the RIR as incidental catch to the list of of Title 49 continues to read as follows: supporting this action may be obtained approved species that can be retained Authority: 49 U.S.C. 322, 30111, 30115, from Dr. Andrew A. Rosenberg, under the constraints of that program. 30117, and 30166; delegation of authority at Regional Administrator, NMFS, One Several members of the industry have 49 CFR 1.50. Blackburn Drive, Gloucester, MA 01930. spoken in support of this request stating 45966 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations that it would provide economic relief, This estimated response time includes DEPARTMENT OF COMMERCE while reducing the incidence of the time needed for reviewing regulatory discards for vessels fishing in instructions, searching existing data National Oceanic and Atmospheric the Cultivator Shoal Whiting Fishery sources, gathering and maintaining the Administration Exemption Area. data needed, and completing and 50 CFR Part 660 Based on the analysis of the available reviewing the collection of information. data regarding regulated species bycatch Send comments regarding this burden [Docket No. 971229312±7312±01; I.D. for the gear, area, and time periods estimate or any other aspect of the 081498B] specified for the Cultivator Shoal collection of information, including Whiting Fishery Exemption Area, and Fisheries off West Coast States and in suggestions for reducing the burden, to for any other relevant factors, the the Western Pacific; Pacific Coast Regional Administrator has determined NMFS and to OMB (see ADDRESSES). Groundfish Fishery; Cumulative Limit that the request to add herring to the list This final rule has been determined to Period Changes of species that may be retained be not significant for purposes of E.O. incidental to whiting in the Cultivator 12866. AGENCY: National Marine Fisheries Shoal Whiting Fishery Exemption Area Service (NMFS), National Oceanic and meets the exemption requirements List of Subjects in 50 CFR Part 648 Atmospheric Administration (NOAA), Commerce. specified in § 648.80(a)(7). Fisheries, Fishing, Reporting and This rule allows vessels fishing in the ACTION: Fishing restrictions; request for recordkeeping requirements. existing Cultivator Shoal Whiting comments. Fishery Exemption Area under the Dated: August 24, 1998. exemption to retain an incidental catch Rolland A. Schmitten, SUMMARY: NMFS announces a change from 2-month cumulative trip limits to of herring, in addition to an incidental Assistant Administrator for Fisheries, catch of the species already listed in National Marine Fisheries Service. 1-month cumulative trip limits for all § 648.80(a)(4)(i)(A). Based on the groundfish species caught in the limited analysis, a directed bottom trawl fishery For the reasons set out in the entry fisheries, except for sablefish is not likely to occur, and, thus, no preamble, 50 CFR part 648 is amended caught with fixed gear, beginning catch limits on the amount of herring to as follows: September 1, 1998. This change, which be retained are imposed by this rule. is authorized by the Pacific Coast PART 648ÐFISHERIES OF THE Groundfish Fishery Management Plan Classification NORTHEASTERN UNITED STATES (FMP), is intended to allow more The Assistant Administrator for flexible inseason management during Fisheries, NOAA (AA), finds there is 1. The authority citation for part 648 the final months of the year. good cause to waive prior notice and continues to read as follows: DATES: Effective 0001 hours local time opportunity for comment under 5 U.S.C. Authority: 16 U.S.C. 1801 et seq. (l.t.) September 1, 1998; except effective 553(b)(B). Provisions under the FMP 0001 hours l.t. September 16, 1998 for give the Regional Administrator 2. In § 648.80, paragraph (a)(4)(i)(A) is vessels operating in the ‘‘B’’ platoon. authority to add, delete, or modify revised as follows: These changes remain in effect, unless exempted fisheries based on the modified, superseded, or rescinded, percentage of regulated species caught. § 648.80 Regulated mesh areas and restrictions on gear and methods of fishing. until the effective date of the 1999 Public meetings held by the Council to annual specifications and management discuss this modification to the * * * * * measures for the Pacific Coast Cultivator Shoal Whiting Fishery (a) * * * groundfish fishery, which will be Exemption Area, provided prior notice (4) * * * published in the Federal Register. and opportunity for public comment to Comments will be accepted through be made and considered, making (i) * * * September 14, 1998. additional opportunity for public (A) A vessel fishing in the Cultivator ADDRESSES: Submit comments to comment unnecessary. Shoal Whiting Fishery Exemption Area William Stelle, Jr., Administrator, The AA also waives the 30-day delay under this exemption must have a letter Northwest Region (Regional in effectiveness of this regulation under of authorization issued by the Regional Administrator), NMFS, 7600 Sand Point 5 U.S.C. 553(d)(1) because this rule Administrator on board and may not Way NE., Bldg. 1, Seattle WA 98115– relieves a restriction. fish for, possess on board, or land any 0070; or William Hogarth, Notwithstanding any other provision species of fish other than whiting, Administrator, Southwest Region, of law, no person is required to respond except for the following, with the NMFS, 501 West Ocean Blvd., Suite to, nor shall a person be subject to a 4200, Long Beach, CA 90802–4213. penalty for failure to comply with, a restrictions noted, as allowable collection of information subject to the incidental species: Herring; longhorn FOR FURTHER INFORMATION CONTACT: requirements of the Paperwork sculpin; squid; butterfish; mackerel; Katherine King or Yvonne deReynier, Reduction Act (PRA) unless that monkfish and monkfish parts, dogfish, Northwest Region, NMFS, 206–526– collection of information displays a and red hake—up to 10 percent each, by 6140; or Svein Fougner, Southwest currently valid OMB control number. weight, of all other species on board; Region, NMFS, 562–980–4000. This rule restates an information and American lobster—up to 10 percent SUPPLEMENTARY INFORMATION: The collection requirement subject to the by weight of all other species on board following change to current PRA that has been approved by the or 200 lobsters, whichever is less. management measures was OMB under control number 0648–0202. * * * * * recommended by the Pacific Fishery The estimated response time for a [FR Doc. 98–23169 Filed 8–25–98; 12:52 pm] Management Council (Council) at its request for a Cultivator Shoal Whiting June 23–26, 1998, meeting in Seattle, Fishery Certificate is estimated to take 2 BILLING CODE 3510±22±F WA, in consultation with the States of minutes per call. Washington, Oregon, and California. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 45967

The Council meetings in September (3) POP. The cumulative trip limit for For purposes of this paragraph, and November 1998 occur just after the POP is 4,000 lb (1,814 kg) per vessel per exempted trawl gear (trawl gear that is beginning of 2-month cumulative trip month. used to harvest shrimp, prawns, limit periods, making it impossible to (4) * * * California halibut or sea cucumbers as implement inseason changes at the * * * * * provided in this paragraph C.) may not beginning of those periods. To resolve (c) * * * exceed any limit for the limited entry this problem, the Council recommended (i) The monthly cumulative trip limits trawl fishery, unless otherwise resuming 1-month cumulative trip for species in the Dover sole, specified. * * * limits on September 1, which means thornyheads, and trawl-caught sablefish (1) * * * that the 60–percent cumulative monthly complex are: for Dover sole, 11,000 lb * * * * * limits within the current 2-month (4,990 kg); for longspine thornyheads, (d) POP. The monthly cumulative cumulative limits will become obsolete. 6,000 lb (2,722 kg); for shortspine limit for POP is 4,000 lb (1,814 kg). (e) By changing from 2-month cumulative thornyheads, 2,500 lb (1,134 kg); for * * * periods to 1-month periods, the Council trawl-caught sablefish, 3,000 lb (1,361 (i) Yellowtail rockfish. The monthly will have more flexibility at its kg). cumulative limit for yellowtail rockfish September and November Council (ii) In any trip, no more than 500 lb is 6,500 lb (2,948 kg) north of Cape meetings to alter trip limits for managed (227 kg) may be trawl-caught sablefish Mendocino. species to ensure that the fishery is smaller than 22 inches (56 cm) total (ii) Bocaccio. harvesting throughout the year without length. (See paragraph IV.A.(6) (A) All open access gear except exceeding the harvest guidelines of regarding length measurement.) setnets or trammel nets. For all open those species. * * * * * access gear except setnets or trammel NMFS has discovered that the (6) Lingcod. nets, the recreational bag limit for bocaccio (a) Trip limits. The cumulative trip monthly limit for bocaccio is 1,000 lb caught off California was inadvertently limit for lingcod is 500 lb (227 kg) per (454 kg) south of Cape Mendocino, of omitted in the management measures. vessel per month. No lingcod may be which no more than 500 lb (227 kg) per The recreational management measures smaller than 24 inches (61 cm) total trip may be taken and retained with are revised to reflect that the actual bag length, except for a 100–lb (45–kg) trip hook-and-line or pot gear. limit is 15 rockfish per day, of which no limit for trawl-caught lingcod smaller * * * * * more than 3 may be bocaccio. than 24 inches (61 cm). Length (3) Lingcod. Lingcod may not be taken NMFS Action measurement is explained at paragraph and retained, possessed, or landed by IV.A.(6). any open access gear, including For the reasons stated here, NMFS exempted trawl gear, coastwide. concurs with the Council’s * * * * * (4) Dover sole. The monthly trip limit recommendations and announces the 2. In Section IV., paragraph C. Trip for Dover sole is 11,000 lb (4,990 kg), following changes to the 1998 annual Limits in the Open Access Fishery is and applies to all open access gear. management measures (63 FR 419, amended by revising the first 5 January 6, 1998, as amended at 63 FR sentences of the introductory text of * * * * * 24970, May 6, 1998, and 63 FR 36612, paragraph C., revising paragraphs (1)(d), 3. In Section IV., paragraph D. July 7, 1998). (1)(e)(i), (1)(e)(ii)(A), removing Recreational Fishery, is amended by 1. In Section IV., paragraph B. Limited paragraph (3)(a), redesignating revising paragraph (1) to read as follows: Entry Fishery, is amended by removing paragraph (3)(b) as paragraph (3), * * * * * paragraphs (2)(d) and (4)(c)(iii) and revising newly designated paragraph (3), D. Recreational Fishery revising paragraphs (1), (2)(b), (2)(c), (3), and revising paragraph (4) to read as (1) California. The bag limits for each (4)(c)(i), (4)(c)(ii), and (6)(a) to read as follows: person engaged in recreational fishing follows: * * * * * seaward of the State of California are: 3 * * * * * C. Trip Limits in the Open Access lingcod per day, which may be no B. Limited Entry Fishery Fishery smaller than 24 inches (61 cm) total (1) Widow Rockfish (commonly called Open access gear is used to take and length; and 15 rockfish per day, of brownies). The cumulative trip limit for retain groundfish from a vessel that does which no more than 3 may be bocaccio. widow rockfish is 15,000 lb (6,804 kg) not have a valid limited entry permit for Multi-day limits are authorized by a per vessel per month. the Pacific coast groundfish fishery with valid permit issued by the State of (2) * * * an endorsement for the gear used to California and must not exceed the daily * * * * * harvest the groundfish. This includes limit multiplied by the number of days (b) Cumulative trip limits. The longline, trap, pot, hook-and-line (fixed in the fishing trip. coastwide cumulative trip limit for the or mobile), set net (south 38° N. lat. * * * * * Sebastes complex is 20,000 lb (9,072 kg) only), and exempted trawl gear (trawls Classification per vessel per month. Within the used to target non-groundfish species: These actions are authorized by the cumulative trip limit for the Sebastes pink shrimp or prawns, and, south of Pt. regulations implementing the FMP. The complex, no more than 6,500 lb (2,948 Arena, CA (38°57’30’’ N. lat.), California determination to take these actions is kg) may be yellowtail rockfish taken and halibut or sea cucumbers). Unless based on the most recent data available. retained north of Cape Mendocino; no otherwise specified, a vessel operating Because of the need for immediate more than 1,000 lb (454 kg) may be in the open access fishery is subject to, action to implement these changes by bocaccio taken and retained south of and must not exceed any trip limit, September 1, 1998, and because the Cape Mendocino; and no more than frequency limit, and/or size limit for the public had an opportunity to comment 7,500 lb (3,402 kg) may be canary open access fishery or for the limited on the action at the June 1998 Council rockfish. entry fishery for the same area. Fish meeting, NMFS has determined that (c) For operating in areas with harvested under the limited entry limits good cause exists for this document to different trip limits for the same species, also count toward the open access limits be published without affording a prior see paragraph IV.A.(12) above. for rockfish or groundfish as applicable. opportunity for public comment or a 30- 45968 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations day delayed effectiveness period. These actions are taken under the authority of 50 CFR 660.323(b)(1) and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 24, 1998. Bruce Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 98–23180 Filed 8–27–98; 8:45 am] BILLING CODE 3510±22±F 45969

Proposed Rules Federal Register Vol. 63, No. 167

Friday, August 28, 1998

This section of the FEDERAL REGISTER conformance with Executive Order composed of cattle producers and contains notices to the public of the proposed 12866. importers appointed by the Secretary issuance of rules and regulations. The This proposed rule has been reviewed from nominations submitted by certified purpose of these notices is to give interested under Executive Order 12778, Civil producer organizations. A producer may persons an opportunity to participate in the Justice Reform. It is not intended to only be nominated to represent the unit rule making prior to the adoption of the final rules. have retroactive effect. Section 11 of the in which that producer is a resident. Act provides that nothing in the Act Section 1260.141(c) of the Order may be construed to preempt or provides that at least every 3 years and DEPARTMENT OF AGRICULTURE supersede any other program relating to not more than every 2 years, the Board beef promotion organized and operated shall review the geographic distribution Agricultural Marketing Service under the laws of the United States or of cattle inventories throughout the any State. There are no administrative United States and the volume of 7 CFR Part 1260 proceedings that must be exhausted imported cattle, beef, and beef products prior to any judicial challenge to the and, if warranted, shall reapportion [No. LS±98±002] provisions of this rule. units and/or modify the number of Pursuant to the requirements set forth Board members from units in order to Beef Promotion and Research; in the Regulatory Flexibility Act (RFA) reflect the geographic distribution of Reapportionment (5 United States Code (U.S.C.) 601 et cattle production volume in the United AGENCY: Agricultural Marketing Service, seq.). The Administrator of AMS has States and the volume of cattle, beef, or USDA. considered the economic effect of this beef products imported into the United action on small entities and has States. ACTION: Proposed rule. determined that this proposed rule will Section 1260.141(d) of the Order SUMMARY: This proposed rule would not have a significant economic impact authorizes the Board to recommend to adjust representation on the Cattlemen’s on a substantial number of small the Secretary modifications in the Beef Promotion and Research Board entities. The purpose of RFA is to fit number of cattle per unit necessary for (Board), established under the Beef regulatory actions to the scale of representation on the Board. Promotion and Research Act (Act) of businesses subject to such actions in Section 1260.141(e)(1) provides that 1985, to reflect changes in cattle order that small businesses will not be each geographic unit or State that inventories and cattle and beef imports unduly burdened. includes a total cattle inventory equal to that have occurred since the most recent In the January 30, 1998, issue of or greater than 500,000 head of cattle Board reapportionment rule became ‘‘Cattle,’’ the Department’s National shall be entitled to one representative effective in 1996. These adjustments are Agricultural Statistics Service (NASS) on the Board. Section 1260.141(e)(2) required by the Beef Promotion and estimates that in 1997 the number of provides that States that do not have Research Order (Order) and would cattle operations in the United States total cattle inventories equal to or result in a decrease in Board totaled about 1.17 million. The majority greater than 500,000 head shall be membership from 111 to 110, effective of these operations subject to the Order grouped, to the extent practicable, into with the Secretary’s appointments for are considered small businesses under geographically-contiguous units, each of terms beginning early in the year 2000. the criteria established by the Small which have a combined total inventory Business Administration. of not less than 500,000 head. Such DATES: Comments must be received by The proposed rule imposes no new grouped units are entitled to at least one October 27, 1998. burden on the industry. It only adjusts representative on the Board. Each unit ADDRESSES: Send two copies of representation on the Board to reflect that has an additional one million head comments to Ralph L. Tapp, Chief; changes in domestic cattle inventory of cattle within a unit qualifies for Marketing Programs Branch, STOP and cattle and beef imports. This action additional representation on the Board 0251; Livestock and Seed Program; would adjust representation on the as provided in § 1260.141(e)(4). As Agricultural Marketing Service (AMS), Board, established under the Act. The provided in § 1260.141(e)(3), importers USDA, Room 2606–S; P.O. Box 96456; adjustments are required by the Order are represented by a single unit, with Washington, DC 20090–6456. and would result in a decrease in Board the number of Board members based on Comments will be available for public membership from 111 to 110. a conversion of the total volume of inspection during regular business The Board was initially appointed imported cattle, beef, or beef products hours at the above office in Room 2606- August 4, 1986, pursuant to the into live animal equivalencies. South Building, 14th and Independence provisions of the Act (7 U.S.C. 2901 et The initial Board appointed in 1986 Avenue, SW., Washington, D.C. seq.) and the Order issued thereunder (7 was composed of 113 members. FOR FURTHER INFORMATION CONTACT: CFR 1260.101 et seq.). Domestic Reapportionment based on a 3-year Ralph L. Tapp, Chief, Marketing representation on the Board is based on average of cattle inventory numbers and Programs Branch, on 202/720–1115. cattle inventory numbers, and importer import data, reduced the Board to 111 SUPPLEMENTARY INFORMATION: representation is based on the members in 1990 and 107 members in conversion of the volume of imported 1993 before the Board was increased to Executive Orders 12866 and 12778 and cattle, beef, or beef products into live 111 members with appointments for the Regulatory Flexibility Act animal equivalencies. terms effective early in 1997. The Department of Agriculture Section 1260.141(b) of the Order The current Board representation by (Department) is issuing this rule in provides that the Board shall be States or units has been based on an 45970 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules average of the January 1, 1993, 1994, would best reflect the number of cattle The Board’s recommended and 1995 inventory of cattle in the in each State or unit since publication reapportionment plan would decrease various States as reported by NASS of of the 1996 reapportionment rule. the number of representatives on the the Department. Importer representation The Board reviewed the March 1998 Board from 111 to 110. Two States and has been based on a combined total FAS circular, ‘‘U.S. Trade and one unit—Missouri, Texas, and the average of the 1992, 1993, and 1994 live Prospects, Dairy, Livestock, and Northwest unit—lose one member each; cattle imports as published by the Poultry,’’ to determine proper importer two States—Kansas and Nebraska—gain Foreign Agricultural Service (FAS) of representation. The Board one member each. The Board also the Department and the average of the recommended the use of a combined recommends that the two member 1992, 1993, and 1994 live animal Western unit, composed of Nevada and equivalents for imported beef products. total of the average of the 1995, 1996, Oregon which was formed in the most Recommendations concerning Board and 1997 cattle import data and the reapportionment were approved by the average of the 1995, 1996, and 1997 live recent reapportionment because Nevada Board at its July 19, 1998, meeting. In animal equivalents for imported beef did not have sufficient cattle inventory considering reapportionment, the Board products. The method used to calculate to qualify independently for a position reviewed cattle inventories as well as the total number of live cattle on the Board, be dissolved. Since cattle, beef, and beef product import equivalents was the same as that used Nevada and Oregon each qualify for a data for the period January 1, 1995, to in the previous reapportionment of the Board member based on the 1996–98 January 1, 1998. The Board Board. The recommendation for inventory numbers, the Board recommended that a 3-year average of importer representation is based on the recommends that Nevada and Oregon cattle inventories and import numbers most recent 3-year average of data again be listed separately with one should be continued. The Board available to the Board at its July 19, member each. The States and units determined that an average of the 1998, meeting to be consistent with the affected by the reapportionment plan January 1, 1996, 1997, and 1998 procedures used for domestic and the current and revised member Department cattle inventory numbers representation. representation per unit are as follows:

Current rep- Proposed rep- States resentation resentation

1. Kansas ...... 6 7 2. Missouri ...... 5 4 3. Nebraska ...... 6 7 4. Texas ...... 15 14 5. Northwest unit ...... 2 1 6. Western unit ...... 2 0 7. Nevada ...... 0 1 8. Oregon ...... 0 1

The 1998 nomination and research, Imports, Marketing agreement, 2. In § 1260.141, paragraph (a) and the appointment process was in progress Meat and meat products, Reporting and table immediately following it, are while the Board was developing its recordkeeping requirements. revised to read as follows: recommendations. Thus, the Board For reasons set forth in the preamble, § 1260.141 Membership of Board. reapportionment as proposed by this it is proposed that 7 CFR part 1260 be rulemaking would be effective, if amended as follows: (a) Beginning with the 1999 Board adopted, with 1999 nominations and nominations and the associated appointments which will be effective PART 1260ÐBEEF PROMOTION AND appointments effective early in the year early in the year 2000. RESEARCH 2000, the United States shall be divided into 40 geographical units and one unit List of Subjects in 7 CFR Part 1260 1. The authority citation for 7 CFR representing importers, and the number Administrative practice and part 1260 continues to read as follows: of Board members from each unit shall procedure, Advertising, Agricultural Authority: 7 U.S.C. 2901 et seq. be as follows:

CATTLE AND CALVES 1

State/unit (1,000 head) Directors

1. Alabama ...... 1,627 2 2. Arizona ...... 810 1 3. Arkansas ...... 1,870 2 4. California ...... 4,600 5 5. Colorado ...... 3,117 3 6. Florida ...... 1,937 2 7. Georgia ...... 1,497 1 8. Idaho ...... 1,763 2 9. Illinois ...... 1,720 2 10. Indiana ...... 1,103 1 11. Iowa ...... 3,867 4 12. Kansas ...... 6,550 7 13. Kentucky ...... 2,550 3 14. Louisiana ...... 1,010 1 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45971

CATTLE AND CALVES 1ÐContinued

State/unit (1,000 head) Directors

15. Michigan ...... 1,133 1 16. Minnesota ...... 2,767 3 17. Mississippi ...... 1,343 1 18. Missouri ...... 4,450 4 19. Montana ...... 2,683 3 20. Nebraska ...... 6,517 7 21. Nevada ...... 510 1 22. New Mexico ...... 1,480 1 23. New York ...... 1,527 2 24. North Carolina ...... 1,160 1 25. North Dakota ...... 1,857 2 26. Ohio ...... 1,483 1 27. Oklahoma ...... 5,467 5 28. Oregon ...... 1,440 1 29. Pennsylvania ...... 1,770 2 30. South Carolina ...... 517 1 31. South Dakota ...... 3,733 4 32. Tennessee ...... 2,460 2 33. Texas ...... 14,467 14 34. Utah ...... 903 1 35. Virginia ...... 1,797 2 36. Wisconsin ...... 3,700 4 37. Wyoming ...... 1,477 1 38. Northwest ...... 1 Alaska ...... 11 ...... Hawaii ...... 167 ...... Washington ...... 1,230 ......

Total ...... 1,408 ...... 39. Northeast ...... 1 Connecticut ...... 70 ...... Delaware ...... 29 ...... Maine ...... 113 ...... Massachusetts ...... 63 ...... New Hampshire ...... 41 ...... New Jersey ...... 68 ...... Rhode Island ...... 7 ...... Vermont ...... 302 ......

Total ...... 693 ...... 40. Mid-Atlantic ...... 1 District of Columbia ...... 0 ...... Maryland ...... 275 ...... West Virginia ...... 447 ......

Total ...... 722 ...... 41. Importer 2 ...... 6535 7 1 1996, 1997, and 1998 average of January 1 cattle inventory data. 2 1995, 1996, and 1997 average of annual import data.

* * * * * DEPARTMENT OF AGRICULTURE (Act) to clarify requirements for Dated: August 24, 1998. documenting cattle sales transactions Barry L. Carpenter, Agricultural Marketing Service for which no assessments are due. This amendment would specifically require Deputy Administrator, Livestock and Seed 7 CFR Part 1260 Program. the timely filing of Statement of [FR Doc. 98–23227 Filed 8–27–98; 8:45 am] [No. LS±98±005] Certification of Non-Producer Status forms to obtain exemption from BILLING CODE 3410±02±P Amendment to the Beef Promotion and assessment. Research Rules and Regulations DATES: Written comments must be AGENCY: Agricultural Marketing Service, received by October 27, 1998. USDA. ADDRESSES: Send two copies of ACTION: Proposed rule. comments to Ralph L. Tapp, Chief; Marketing Programs Branch, STOP SUMMARY: This proposed rule would 0251; Livestock and Seed Program; amend the Beef Promotion and Research Agricultural Marketing Service (AMS), Rules and Regulations (Rules and USDA, Room 2606–S; P.O. Box 96456; Regulations) established under the Beef Washington, D.C. 20090–6456. Promotion and Research Act of 1985 Comments received may be inspected at 45972 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules this location between 8:00 a.m. and 4:30 U.S.C. 3501 et seq.], the information person (seller), if the seller provides the p.m., Monday through Friday, except collection requirements contained in collecting person with a Statement of holidays. State that your comments refer this proposed rule have been previously Certification of Non-Producer Status on to Docket No. LS–98–005. approved by OMB and were assigned a form approved by the Board and the FOR FURTHER INFORMATION CONTACT: OMB control number 0581–0093. Secretary. The person claiming non- Ralph L. Tapp, 202/720–1115. This proposed rule would amend the producer status must submit to the rules and regulations published in the SUPPLEMENTARY INFORMATION: collecting person a Statement of Federal Register on February 26, 1988 Certification of Non-Producer Status ‘‘at Executive Order 12866 and 12988 and (53 FR 5749). These regulations further the time of sale’’ in lieu of paying the Regulatory Flexibility Act and the define the requirements of the Beef assessment. Although, the majority of Paperwork Reduction Act Promotion and Research Order (Order) non-producers provide collecting The Department of Agriculture is under the Act. persons with a Statement of issuing this rule in conformance with Background and Proposed Change Certification of Non-Producer Status ‘‘at the time of sale,’’ the Rules and Executive Order 12866. The Act approved December 23, 1985, This proposed rule has been reviewed Regulations do not specify when the authorizes the establishment of a Statement of Certification of Non- under Executive Order 12988, Civil national beef promotion and research Justice Reform. It is not intended to Producer Status form is due. Board program. The final Order establishing a audits of accounting records of have a retroactive effect. Section 11 of beef promotion and research program the Act provides that nothing in the Act collecting persons have revealed was published in the Federal Register transactions in which neither the $1 may be construed to preempt or on July 18, 1986, (51 FR 21632) and supersede any other program relating to assessment, nor the Statement of assessments began on October 1, 1986. Certification of Non-Producer Status beef promotion organized and operated The program is administered by the required in lieu of the assessment, was under the laws of the United States or Cattlemen’s Beef Promotion and obtained ‘‘at the time of sale’’ by the any State. There are no administrative Research Board (Board) which is collecting person. proceedings that must be exhausted composed of 111 cattle producers and To make it clear that the Statement of prior to any judicial challenge to the importers. The program is funded by a Certification of Non-Producer Status provisions of this rule. $1-per-head assessment on producer form must be filed with the collecting Pursuant to requirements set forth in marketings of cattle in the United States person in a timely manner, this the Regulatory Flexibility Act (RFA) (5 and an equivalent amount on imported proposed rule would amend United States Code (U.S.C.) 601 et seq.). cattle, beef, and beef products. In 45 § 1260.314(b) of the Rules and The Administrator of AMS has States, Qualified State Beef Councils Regulations to read as follows: ‘‘(b) Each considered the economic effect of this (QSBC) receive assessments remitted person seeking non-producer status action on small entities and has under the program. They retain up to pursuant to § 1260.116 of this part shall determined that this proposed rule will half for State-directed programs, and provide the collecting person on a form not have a significant economic impact remit the remainder to the Board. The approved by the Board and the on a substantial number of small Board receives all import assessments Secretary with a ‘‘Statement of business entities. The purpose of RFA is and all producer assessments in five Certification of Non-Producer Status’’ at to fit regulatory actions to the scale of States with relatively small cattle the time the collecting person makes businesses subject to such actions in numbers which do not have QSBCs. payment to the seller of cattle, in lieu of order that small businesses will not be The domestic assessment, due each the assessment that would otherwise be unduly burdened. time cattle are sold by a producer, is due. If the collecting person is a brand In the January 30, 1998, issue of collected by the buyer or ‘‘collecting inspector, as provided for in § 1260.311, ‘‘Cattle,’’ the Department of person’’ for remittance to the Board or the seller of cattle must provide to the Agriculture’s (USDA) National QSBC. The term ‘‘producer’’ is defined brand inspector a ‘‘Statement of Agricultural Statistics Service estimates as follows: ‘‘means any person who Certification of Non-Producer Status’’ at that in 1997 the number of cattle owns or acquires ownership of cattle; the time the physical brand inspection operations in the United States totaled provided, however, that a person shall is completed in lieu of the assessment about 1.17 million. The majority of not be considered a producer within the that would otherwise be due.’’ This these operations subject to the Order are meaning of this subpart if (a) the proposed change would facilitate considered small businesses under the person’s only share in the proceeds of enforcement of assessment collection in criteria established by the Small a sale of cattle or beef is a sales the Beef Promotion and Research Business Administration. commission, handling fee, or other Program. The proposed rule imposes no new service fee; or (b) the person (1) burden on the industry as it merely acquired ownership of cattle to facilitate List of Subjects in 7 CFR Part 1220 clarifies the timing for filing of the the transfer of ownership of such cattle Advertising, Agricultural research, Statement of Certification of Non- from the seller to a third party, (2) Imports, Marketing agreements, Meat Producer Status forms when no resold such cattle no later than ten (10) and meat products, Reporting and assessment is due on cattle sales days from the date on which the person recordkeeping requirements. transactions. The regulations currently acquired ownership, and (3) certified, as For the reasons set forth in the provide for certification of non-producer required by regulations prescribed by preamble, it is proposed that 7 CFR part status for certain transactions. This the Board and approved by the 1260 be amended as follows: action would merely specify the time of Secretary, that the requirements of this filing of the Statement of Certification of provision have been satisfied.’’ PART 1260ÐBEEF PROMOTION AND Non-Producer Status forms in order to When cattle are sold within 10 days RESEARCH obtain an exemption from assessments. of purchase by a person who is not a In compliance with OMB regulations producer under the above definition, the 1. The authority citation of Part 1260 [5 CFR Part 1320] which implements the collecting person is not required to continues to read as follows: Paperwork Reduction Act(PRA) [44 collect the $1 assessment from the Authority: 7 U.S.C. 2901 et seq. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45973

2. Paragraph (b) of § 1260.314 would to supplement written comments with business on September 28, 1998. If be revised to read as follows: computer files or disks; please contact requested, a public hearing on the the Agency with any questions about proposed amendments will be held on § 1260.314 Certification of non-producer format. September 22, 1998. Requests to present status for certain transactions. FOR FURTHER INFORMATION CONTACT: oral testimony at the hearing must be * * * * * Patricia W. Silvey, Director, Office of received on or before the close of (b) Each person seeking non-producer Standards, Regulations, and Variances; business on September 14, 1998. status pursuant to § 1260.116 of this part 703–235–1910. ADDRESSES: Written comments and shall provide the collecting person on a SUPPLEMENTARY INFORMATION: On July requests to speak at the hearing should form approved by the Board and the 30, 1998, MSHA published a notice in be mailed or hand delivered to Robert Secretary with a ‘‘Statement of the Federal Register (63 FR 40800) J. Biggi, Director, Harrisburg Field Office Certification of Non-Producer Status’’ at requesting comments on its ANPRM at the address shown below. the time the collecting person makes addressing safety standards for surface Copies of the Pennsylvania program, payment to the seller of cattle, in lieu of haulage. The comment period is the proposed amendment, a listing of the assessment that would otherwise be scheduled to close on August 31, 1998. any scheduled public hearings, and all due. If the collecting person is a brand In response to commenters’ requests, written comments received in response inspector, as provided for in § 1260.311, MSHA is extending the comment period to this document will be available for the seller of cattle must provide to the until September 28, 1998. MSHA public review at the addresses listed brand inspector a ‘‘Statement of believes this extension will provide below during normal business hours, Certification of Non-Producer Status’’ at sufficient time for all interested parties Monday through Friday, excluding the time the physical brand inspection to review and comment on the ANPRM. holidays. Each requestor may receive is completed in lieu of the assessment Dated: August 24, 1998. one free copy of the proposed that would otherwise be due. amendment by contacting OSM’s J. Davitt McAteer, * * * * * Harrisburg Field Office. Any disabled Dated: August 24, 1998. Assistant Secretary for Mine Safety and individual who has need for a special Health. Barry L. Carpenter, accommodation to attend a public Deputy Administrator, Livestock and Seed [FR Doc. 98–23224 Filed 8–27–98; 8:45 am] hearing should contact the individual Program. BILLING CODE 4510±43±P listed unde FOR FURTHER INFORMATION [FR Doc. 98–23229 Filed 8–27–98; 8:45 am] CONTACT: Robert J. Biggi, Director, Office BILLING CODE 3410±02±P of Surface Mining Reclamation and DEPARTMENT OF THE INTERIOR Enforcement, Harrisburg Field Office, Harrisburg Transportation Center, Third Office of Surface Mining Reclamation Floor, Suite 3C, 4th and Market Streets, DEPARTMENT OF LABOR and Enforcement Harrisburg, Pennsylvania 17101, Mine Safety and Health Administration 30 CFR Part 938 Telephone: (717) 782–4036. Pennsylvania Department of 30 CFR Parts 56, 57, and 77 [PA±123±FOR] Environmental Protection, Bureau of RIN 1219±AA93 Mining and Reclamation, Room 209 Pennsylvania Permanent Regulatory Executive House, 2nd and Chestnut Program Safety Standards for Surface Haulage Streets, P.O. Box 8461, Harrisburg, AGENCY: Office of Surface Mining Pennsylvania 17105–8461, Telephone: AGENCY: Mine Safety and Health Reclamation and Enforcement (OSM), (717) 787–5103. Administration (MSHA), Labor. Interior. FOR FURTHER INFORMATION CONTACT: ACTION: Extension of comment period. ACTION: Proposed rule; public comment Robert J. Biggi, Director, Harrisburg Field Office, (717) 782–4036. SUMMARY: MSHA is extending the period and opportunity for public comment period on its Advance Notice hearing. SUPPLEMENTARY INFORMATION: of Proposed Rulemaking (ANPRM) SUMMARY: OSM is announcing the I. Background on the Pennsylvania addressing safety standards for surface receipt of a proposed amendment to the Program haulage. Pennsylvania permanent regulatory On July 31, 1982, the Secretary of the DATES: Submit all comments on or program (hereinafter referred to as the Interior conditionally approved the before September 28, 1998. Pennsylvania program) under the Pennsylvania program. Background ADDRESSES: Comments may be Surface Mining Control and information on the Pennsylvania transmitted by electronic mail, fax or Reclamation Act of 1977 (SMCRA). The program including the Secretary’s mail. Comments by electronic mail must proposed amendment (Administrative findings, the disposition of comments, be clearly identified as such and sent to Record Number PA 837.80) revises the and a detailed explanation of the this e-mail address: Pennsylvania program to incorporate conditions of approval of the [email protected]. Comments by fax changes made to address required Pennsylvania program can be found in must be clearly identified as such and amendments to the Pennsylvania the July 30, 1982, Federal Register (47 sent to: Mine Safety and Health program that are identified in OSM’s FR 33050). Subsequent actions Administration, Office of Standards, approval of Pennsylvania’s coal refuse concerning the conditions of approval Regulations and Variances, 703–235– disposal amendment on April 22, 1998 and program amendments are identified 5551. Send mail comments to: Mine (63 FR 19802). The amendment is at 30 CFR 938.11, 938.12, 938.15 and Safety and Health Administration, intended to revise the Pennsylvania 938.16. Office of Standards, Regulations, and program to be consistent with SMCRA Variances, Room 631, 4015 Wilson and the Federal regulations. II. Discussion of Amendment Boulevard, Arlington, Virginia 22203– DATES: Written comments must be By letter dated September 14, 1995 1984. Interested persons are encouraged received on or before the close of (Administrative Record Number PA 45974 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

837.01), Pennsylvania submitted an mining coal. The term does not include from the Chief Council of the DEP. In amendment to the Pennsylvania topsoil or subsoil. This clarification will be that memorandum, the Chief Counsel program. The amending language is incorporated in regulations as they are stated that the ‘‘Department [DEP] has contained in Pennsylvania House Bill developed. the legal authority to suspend 1075 and was enacted into Pennsylvania Required amendment codified at 30 CFR implementation of the word ‘significant’ law as Act 1994–114. The amendments 938.16(www) and to clarify to OSM how the changed Pennsylvania’s Coal Refuse The Department has considered OSM’s Department will interpret and Disposal Act (of September 24, 1968 discussion relating to variances on stream implement the Act 114 amendments as (P.L. 1040, No. 318) and amended on buffer zones. The Department’s application of part of its approved program. The October 10, 1980 (P.L. 807, No. 154)) to variance provisions has previously been Department’s interpretations are provide authorization for refuse directed to ensuring that coal refuse disposal consistent with the law.’’ disposal in areas previously affected by activities within stream buffer zones would not cause or contribute to the violation of Required amendment codified at 30 CFR mining which contain pollutional State or Federal water quality standards, and 938.16(xxx) discharges. OSM approved the would not adversely affect water quality and amendments, with certain exceptions, The Department clarifies that preexisting quantity, or other environmental resources of discharges which are encountered must be on April 22, 1998 (63 FR 19802–19821). the stream. The Department notes that any treated to the effluent standards of 25 Pa. The April 22, 1998, notice contained coal refuse disposal activity is likely to cause Code § 90.102. This clarification will be seven required regulatory program some type of impact and that some impacts incorporated in regulations governing amendments codified at 30 CFR 938.16 can be tolerated. OSM interprets an adverse Section 6.2 of the CRDCA as they are paragraphs (vvv) through (bbbb). On impact as one that exceeds the allowable developed. limits, that is, one that will not be tolerated. June 15, 1998 (63 FR 32615–32616), The Department’s interpretation of Required amendment codified at 30 CFR OSM corrected an inadvertent omission ‘‘significant adverse impact’’ is the same as 938.16(yyy) of a phrase at 30 CFR 938.16 paragraphs OSM’s interpretation of ‘‘adverse impact;’’ in The Department clarifies that subsection (vvv) through (bbbb), concerning the both cases, it is an impact that will not be 6.2(h) of the CRDCA pertains to preexisting required Pennsylvania regulatory tolerated because it exceeds the allowable discharges which are not encountered. This program amendments published in the limits. The Department distinguishes clarification will be incorporated in April 22, 1998, Federal Register notice between impacts that are tolerable and those regulations as they are developed. that are not through its use of the word at pages 19820–19821. Required amendment codified at 30 CFR By letter dated May 22, 1998 ‘‘significant.’’ However, the Department recognizes that differences in terminology 938.16(zzz) (Administrative Record Number PA may cause confusion and will therefore The Department clarifies that the 837.72) Pennsylvania responded to the suspend use of the term ‘‘significant,’’ even revegetation standards of subsection 6.2(k) of required regulatory program though, in practice, the same protections will the CRDCA are limited to areas previously amendments codified at 30 CFR 938.16 continue to be afforded. Consequently, when disturbed by mining and which were not (vvv) through (bbbb) by submitting three granting a variance, the Department will not reclaimed to Pennsylvania’s reclamation items: (1) Written clarifications relating implement the word ‘‘significant’’ in standards. This clarification will be to each of the required regulatory § 6.1(h)(5) of the CRDCA, as it pertains to incorporated in regulations as they are developed. program amendments; (2) the draft text granting of variances to the 100-foot stream buffer zone. Under § 15.1 of CRDCA, the Required amendment codified at 30 CFR of a notice to be published in the Department has the authority to suspend 938.16(aaaa) Pennsylvania Bulletin intended to implementation of any provision of the address one of the required CRDCA found to be inconsistent with federal The Department clarifies that under amendments; and (3) a legal opinion law by OSM. By notice scheduled to be subsection 6.2(l) of the CRDCA, a special from the Pennsylvania Department of published in the Pennsylvania Bulletin on authorization for coal refuse disposal Environmental Protection (DEP) legal May 30, 1998, and in accordance with § 15.1 operations will not be granted when such an counsel confirming the DEP’s authority of the CRDCA, the Department will confirm authorization would result in the site being that it has suspended implementation of the reclaimed to lesser standards than could be to implement the necessary change. achieved if the monies paid into the Surface By letter dated July 15, 1998 word ‘‘significant’’ on the basis of the Secretary of the United States Department of Mining Conservation and Reclamation Fund, (Administrative Record Number PA the Interior’s finding that the word as a result of a prior forfeiture on the area, 837.74) OSM responded to DEP’s May ‘‘significant’’ was inconsistent with federal were used to reclaim the site to the standards 22, 1998, letter and stated that the law. The Department reaffirms that it will approved in the original permit under which clarifications can only be incorporated only authorize variances to conduct coal the bond monies were forfeited. This into the approved Pennsylvania refuse disposal activities within stream buffer clarification will be incorporated in program through formal rulemaking. zones if the activities will not cause or regulations as they are developed. By letter dated August 17, 1998 contribute to the violation of State or Federal Required amendment codified at 30 CFR (Administrative Record Number (PA water quality standards, and will not 938.16(bbbb) 837.80)), the DEP requested that OSM adversely affect water quality and quantity, or other environmental resources of the The Department clarifies that the process the DEP’s May 22, 1998, letter stream. This clarification will be Department will implement Section 6.3 of as a program amendment. incorporated in regulations as they are the CRDCA in a manner no less effective than The proposed amendments are as developed. 30 CFR § 785.13 and no less stringent than follows: Section 711 of the Surface Mining Control In the May 30, 1998, Pennsylvania and Reclamation Act and clarifies that Required amendment codified at 30 CFR Bulletin (Vol. 28, No. 22) Pennsylvania experimental practices will only be approved 938.16(vvv) announced that the DEP suspended, in as part of the normal permit approval process The meaning of the term ‘‘excess soil and accordance with § 15.1 of the Coal and only for departure from the related material’’ as used in the definition Refuse Disposal Act (52 P.S. § 90.65a), environmental protection performance ‘‘coal refuse disposal activities’’ in Section 3 the implementation of the word standards, and that each experimental of the Coal Refuse Disposal Control Act practice must receive the approval of the (CRDCA) is clarified to mean the rock, clay ‘‘significant’’ found in § 6.1(h)(5) of the Secretary of the United States Department of or other materials located immediately above Coal Refuse Disposal Act. Also included Interior. This clarification will be or below a coal seam and which are extracted in the DEP’s May 22, 1998, submittal is incorporated in regulations as they are from a coal mine during the process of a memorandum dated May 19, 1998, developed. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45975

III. Public Comment Procedures IV. Procedural Determinations existing requirements previously promulgated by OSM will be In accordance with the provisions of Executive Order 12866 30 CFR 732.17(h), OSM is now seeking implemented by the State. In making the This rule is exempted from review by comments on the proposed amendments determination as to whether this rule the Office of Management and Budget to the Pennsylvania program that were would have a significant economic submitted on May 22, 1998. Comments (OMB) under Executive Order 12866 impact, the Department relied upon the should address whether the proposed (Regulatory Planning and Review). data and assumptions for the amendments satisfy the applicable Executive Order 12988 counterpart Federal regulations. program approval criteria of 30 CFR The Department of the Interior has Unfunded Mandates 732.15. If the amendments are deemed conducted the reviews required by This rule will not impose a cost of adequate, they will become part of the section 3 of Executive Order 12988 Pennsylvania program. $100 million or more in any given year (Civil Justice Reform) and has on any governmental entity or the Written Comments determined that, to the extent allowed private sector. Written comments should be specific, by law, this rule meets the applicable List of Subjects in 30 CFR Part 938 pertain only to the issues proposed in standards of subsections (a) and (b) of this notice, and include explanations in that section. However, these standards Intergovernmental relations, Surface support of the commenter’s are not applicable to the actual language mining, Underground mining. of State regulatory programs and recommendations. Comments received Dated: August 21, 1998. after the time indicated under DATES or program amendments since each such at locations other than the OSM program is drafted and promulgated by Allen D. Klein, Harrisburg Field Office will not a specific State, not by OSM. Under Regional Director, Appalachian Regional necessarily be considered in the final sections 503 and 505 of SMCRA (30 Coordinating Center. rulemaking or included in the U.S.C. 1253 and 1255) and 30 CFR [FR Doc. 98–23242 Filed 8–27–98; 8:45 am] administrative record. 730.11, 732.15 and 732.17(h)(10), BILLING CODE 4310±05±P decisions on proposed State regulatory Public Hearing programs and program amendments Persons wishing to speak at the public submitted by the States must be based hearing should contact the person listed solely on a determination of whether the DEPARTMENT OF DEFENSE under FOR FURTHER INFORMATION submittal is consistent with SMCRA and CONTACT by the close of business on its implementing Federal regulations Office of the Secretary September 14, 1998. If no one requests and whether the other requirements of 32 CFR Part 44 an opportunity to testify at the public 30 CFR Parts 730, 731, and 732 have hearing, the hearing will not be held. been met. Filing of a written statement at the RIN 0790±AF57 time of the hearing is requested as it National Environmental Policy Act will greatly assist the transcriber. No environmental impact statement is Screening the Ready Reserve Submission of written statements in required for this rule since section AGENCY: Department of Defense. advance of the hearing will allow OSM 702(d) of SMCRA [30 U.S.C. 1292(d)] officials to prepare adequate responses provides that agency decisions on ACTION: Proposed rule. and appropriate questions. proposed State regulatory program The public hearing will continue on provisions do not constitute major SUMMARY: This proposed rule codified the specified date until all persons Federal actions within the meaning of guidance governing the screening of scheduled to speak have been heard. section 102(2)(C) of the National Reserve component members of the Persons in the audience who have not Environmental Policy Act (42 U.S.C. United States Military Departments been scheduled to speak, and who wish 4332(2)(C)). relative to their civilian employment. to do so, will be heard following those The requirement for screening the who have been scheduled. The hearing Paperwork Reduction Act Ready Reserve is established in 10 will end after all persons scheduled to This rule does not contain U.S.C. 10149. The purpose of the speak and persons present in the information collection requirements that screening program is to ensure the audience who wish to speak have been require approval by OMB under the availability of Ready Reserve members heard. Paperwork Reduction Act (44 U.S.C. for military mobilization purposes. The 3507 et seq.). intended effect of the screening is to Public Meeting preclude conflicts between Reserve If only one person requests an Regulatory Flexibility Act mobilization obligations and Federal opportunity to speak at a hearing, a The Department of the Interior has civilian employment requirements public meeting, rather than a public determined that this rule will not have during times of war or national hearing, may be held. Persons wishing a significant economic impact on a emergency. to meet with OSM representatives to substantial number of small entities DATES: Comments must be received by discuss the proposed amendment may under the Regulatory Flexibility Act (5 October 27, 1998. request a meeting by contacting the U.S.C. 601 et seq.). The State submittal person listed under FOR FURTHER which is the subject of this rule is based ADDRESSES: Forward comments to INFORMATION CONTACT. All such meetings upon counterpart Federal regulations for Assistant Secretary of Defense for will be open to the public and, if which an economic analysis was Reserve Affairs, Attn: Manpower and possible, notices of meetings will be prepared and certification made that Personnel (Mr. Dan Kohner), 1500 posted at the locations listed under such regulations would not have a Defense Pentagon, Room 2D517, ADDRESSES. A written summary of each significant economic effect upon a Washington, DC 20301–1500. meeting will be made a part of the substantial number of small entities. FOR FURTHER INFORMATION CONTACT: Mr. Administrative Record. Accordingly, this rule will ensure that Daniel Kohner, 703–693–7479. 45976 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

SUPPLEMENTARY INFORMATION: § 44.1 Purpose. Agencies’’ does not include any person Public Law 104–121 This part updates DoD policy and appointed by the President with the responsibilities for the screening of consent of the Senate to a Federal It has been certified that this is not a Ready Reservists under 10 U.S.C. 10145 Agency as a member of a multimember major rule under the Congressional and E.O. 11190. board or commission. Such positions Review of Agency Rulemaking (Public may be designated as key positions only Law 104–121). § 44.2 Applicability. in accordance with paragraph (d) of this Executive Order 12866 This part applies to the Office of the section. Secretary of Defense and the Military (c) Article III Judges. However, each It has been determined that this Departments (including the Coast Guard Article III Judge, who is a member of the proposed rule is not a significant when it is not operating as a Military Ready Reserve, and desires to remain in regulatory action. This rule indicates Service in the Navy by agreement with the Ready Reserve, must have his or her that it does not: the Department of Transportation). The position reviewed by the Chief Judge of 1. Have an annual effect on the term ‘‘Military Departments,’’ as used the affected Judge’s Circuit. If the Chief economy of $100 million or more, or herein, refers to the Departments of the Judge determines that mobilization of otherwise have material adverse Army, the Navy, and the Air Force. The the Article III Judge concerned will not economic effects. term ‘‘Secretary concerned’’ refers to the seriously impair the capability of the 2. Create a serious inconsistency or Secretaries of the Military Departments Judge’s court to function effectively, the otherwise interfere with an action taken (including the Secretary of Chief Judge will provide a certification or planned by another agency. Transportation for the Coast Guard to that effect to the Secretary of the 3. Materially alter the budgetary when it is not operating as a Military Military Department concerned. impact of entitlements, grants, user fees, Service in the Navy). The term ‘‘Military Concurrently, the affected Judge will or loan programs, or the rights and Services,’’ addressed herein, refers to provide a statement to the Secretary obligations of recipients thereof; or, concerned requesting continued service 4. Raise novel legal or policy issues the Army, the Navy, the Air Force, the in the Ready Reserve and arising out of legal mandates, the Marine Corps, and the Coast Guard. acknowledging that he or she may be President’s priorities, or the principles § 44.3 Definitions. involuntarily called to active duty (AD) set forth in Executive Order 12866. Extreme community hardship. A under the laws of the United States and Regulatory Flexibility Act situation that, because of a Reservist’s the Directives and Regulations of the mobilization, may have a substantially It has been certified that this rule is Department of Defense and pledging not adverse effect on the health, safety, or not subject to the Regulatory Flexibility to seek to be excused from such orders welfare of the community. Any request Act (RFA) (5 U.S.C. 601). The based upon his or her judicial duties. for a determination of such hardship (d) Other Federal positions Department of Defense is not subject to shall be made by the Reservist and must determined by the Federal Agency the RFA when making rules related to be supported by documentation, as Heads, or their designees, to be key a ‘‘military or foreign affairs function of required by the Secretary concerned. positions in accordance with the the United States’’ or to Executive Order Extreme personal hardship. An guidelines in Appendix A to this part. 12866 for those regulations that ‘‘pertain adverse impact on a Reservist’s Mobilization. Involuntary activation to a military or foreign affairs function dependents resulting from his and/or of Reserve component members in of the United States [other than her mobilization. Any request for a accordance with 10 U.S.C. 12301, procurement functions or import-export determination of such hardship shall be 12302, or 12304. That includes selective of non-defense articles].’’ made by the Reservist and must be mobilization (Presidential Selected Paperwork Reduction Act supported by documentation, as Reserve Call-Up Authority), partial It has been certified that this rule does required by the Secretary concerned. mobilization, and full mobilization. Ready reserve. Reserve unit members not impose reporting and recordkeeping Key employee. Any Federal employee or individual Reserve and Guard requirements under the Paperwork occupying a key position. Key position. A Federal position that members, or both, liable for AD, as Reduction Act of 1995 (44 U.S.C., shall not be vacated during a national provided in 10 U.S.C. 12301, 12302, Chapter 35). Interagency Report Control emergency or mobilization without and, for some members, 10 U.S.C. Number 0192–DOD–AN remains in seriously impairing the capability of the 12304. It consists of the Selected effect, with a current expiration date of parent Federal Agency or office to Reserve, the Individual Ready Reserve, September 30, 1998. function effectively. There are four and the Inactive National Guard. List of Subjects in 32 CFR Part 44 categories of Federal key positions. The Selected reserve. A category of the Armed forces reserves. first three categories are, by definition, Ready Reserve in each of the Reserve components. The Selected Reserve Accordingly, 32 CFR part 44 is key positions. However, the third consists of units, and, as designed by proposed to be revised to read as category, Article III Judges, provides for the Secretary concerned, of individual follows: exceptions on a case-by-case basis. The fourth category requires a case-by-case Reserve members, trained as prescribed PART 44ÐSCREENING THE READY determination and designation as in 10 U.S.C. 10147(a)(1) or 32 U.S.C. RESERVE described in the following: 502(a), as appropriate. (a) The Vice President of the United Standby reserve. The Standby Reserve Sec. States or any official specified in the consists of those units or members, or 44.1 Purpose. order of presidential succession as in 3 both, of the Reserve components, other 44.2 Applicability. U.S.C. 19. than those in the Ready Reserve or the 44.3 Definitions. (b) The members of the Congress and Retired Reserve, who are liable for 44.4 Policy. 44.5 Responsibilities. the heads of the Federal Agencies active duty only as provided for in 10 appointed by the President with the U.S.C. 12301 and 12306. The Standby Appendix A to Part 44—Guidance consent of the Senate. For this part, the Reserve consists of personnel who are Authority: 10 U.S.C. 10145. term ‘‘the heads of the Federal maintaining their military affiliation Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45977 without being in the Ready Reserve, but accordance with 10 U.S.C. 10150 and Secretary of Defense for Personnel and have been designated ‘‘key civilian DoD Instruction 1200.15.1 Readiness shall: employees,’’ or have a temporary (f) Ready Reservists whose immediate (1) Manage and control the overall hardship or disability. Those recall to AD during an emergency would Ready Reserve screening program in individuals are not required to perform create an extreme personal or accordance with 10 U.S.C. 10149, E.O. training and are not part of units. The community hardship shall be 11190, and House Appropriations Standby Reserve is a pool of trained transferred to the Standby Reserve or Committee Report 95–451. individuals who may be mobilized as the Retired Reserve, or shall be (2) Annually, provide Federal needed to fill manpower needs in discharged, as applicable. Agencies with a listing of all Federal specific skills. The Standby Reserve (g) Ready Reservists who are employee who are also Ready Reservists consists of the active status list and the designated key employees or who to assist them in conducting employer inactive status list categories. occupy key positions, as defined in this screening activities required in FPC 11. (3) Prepare an annual report on the § 44.4 Policy. part, shall be transferred to the Standby Reserve or the Retired Reserve, or shall status of Ready Reservists employed by It is DoD policy that: be discharged, as appropriate. the Federal Government. (a) Members of the Ready Reserve (h) Ready Reservists who are also DoD (4) Employ the guidance in enclosure shall be screened at least annually to 3 in coordinating the screening program provide a Ready Reserve force civilian employees may not hold a mobilization assignment to the same with employers of Ready Reservists. composed of members who: (b) The Secretaries of the Military positions that they fill as civilian (1) Meet Military Service wartime Departments shall: employees. Those Ready Reservists standards of mental, moral, (1) Screen, at least annually, all Ready shall be reassigned or transferred, as professional, and physical fitness. Reservists under their jurisdiction to applicable. Reserve component military (2) Possess the military qualifications ensure their immediate availability for technicians (dual status), as members of required in the various ranks, ratings, AD. Reserve units, are excluded from that and specialties. (2) Ensure coordination with the position. (3) Are available immediately for AD Federal Emergency Management Agency during a mobilization or as otherwise (i) Ready Reservists who are preparing (FEMA) to resolve conflicts (identified, required by law. for the ministry in an accredited but not resolved through the Ready (b) On mobilization under 10 U.S.C. theology or divinity school cannot be Reserve screening process) between the 12301(a) or 12302, all personnel actions involuntarily called to AD or required to mobilization manpower needs of the relating to the screening program shall participate in inactive duty training civilian sector and the military. be held in abeyance, and all members (IDT) in accordance with 10 U.S.C. (3) Review recommendations for remaining in the Ready Reserve shall be 12317. Accordingly, such Ready removal of both federal and other considered immediately available for Reservists (other than those civilian employees from the Ready AD service. After such a mobilization is participating in a military Chaplain Reserve submitted by employers and ordered, no deferment, delay, or Candidate or Theology Student take applicable action. exemption from mobilization shall be Program) shall be transferred to the (4) After making a removal granted to Ready Reservists because of Standby Reserve (active status list) for determination in response to a petition their civilian employment. On the duration of their ministerial studies for such action, promptly transmit the involuntary activation of Reserve and duties at accredited theology or results of that determination to the members under 10 U.S.C. 12304 divinity schools. Ready Reservists Ready Reservist concerned and his and/ (Presidential Selected Reserve Call-Up participating in a military Chaplain or her employer. Authority), the Secretary of Defense, or Candidate or Theology Student Program (5) Transfer Ready Reservist identified designee, shall make a determination may continue their Ready Reserve as occupying key positions to the regarding the continuation or cessation affiliation and engage in AD and IDT. Standby Reserve or the Retired Reserve, of the screening program. (j) Ready Reservists may not be or discharge them, as applicable. (c) All Ready Reservists shall be transferred from the Ready Reserve (6) Ensure that Ready Reservists not retained in the Ready Reserve for the solely because they are students, on AD are examined as to physical entire period of their statutory interns, residents, or fellows in the fitness in accordance with DoD obligation or voluntary contract. healthcare professions. On mobilization, Directive 1332.18 2 Exceptions to that policy are made in they either shall be deferred or shall be (7) Process members of the Ready paragraphs (f), (g), and (h) of this mobilized in a student, intern, resident, Reserve who do not participate section, or may be made by the or fellow status until qualified in the satisfactorily in accordance with DoD Secretaries concerned, in accordance applicable military specialty, as Instruction 1200.15 and DoD Directive with 10 U.S.C. 10145 and 10146. prescribed by the Secretaries of the 1215.13 3 (d) A member of the Army National Military Departments. (8) Ensure that all Ready Reservists Guard of the United States or the Air (k) The Secretaries concerned, or their have a favorably completed National National Guard of the United States may designees, shall make determinations Agency Check on file. be transferred to the Standby Reserve for mobilization availability on a case- (9) Ensure that personnel records only with the consent of the governor or by-case basis, consistent with this part, systems incorporate information on any other applicable authority of the State, and not by class or group factors that limit the mobilization commonwealth, or territory concerned determinations. availability of a Ready Reservist. (including the District of Columbia) in (10) Develop and maintain current accordance with) 10 U.S.C. 10146. § 44.5 Responsibilities. information pertaining to the (e) Any eligible member of the (a) The Assistant Secretary of Defense mobilization availability of Ready Standby Reserve may be transferred for Reserve Affairs, under the Under Reservists. back to the Ready Reserve when the reason for the member’s transfer to the 1 Copies may be obtained at http:// 2 See footnote 1 to § 44.4(e). Standby Reserve no longer exists in web7.whs.osd.mil/corres.htm. 3 See footnote 1 to § 44.4(e). 45978 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

Appendix A to Part 44—Guidance emergency manpower needs of civilian Marine Corps Reserve E3.1. FEMA In accordance with 44 CFR activities and the military during a Commanding General, Marine Corps Reserve 333, the FEMA has the authority to mobilization. Employers also are encouraged Support Command, ATTN: IRR Division, adjudicate, before mobilization, conflicts to use the Federal key position guidelines 15303 Andrews Road, Kansas City, MO between the mobilization manpower needs of contained in this enclosure for making their 64147–1207 own key position designations and, when the civilian sector and the military that the Air Force Reserve Ready Reserve screening process has applicable, for recommending key employees identified, but has not resolved. for removal from the Ready Reserve. Commander, Air Reserve Personnel Center/ E3.2.3. All employers who determine that DSFA, 6760 E. Irvington Pl. #4100, Denver, E3.2. Employers of Ready Reservists a Ready Reservist is a key employee, in CO 80280–4100 E3.2.1. Federal Employers accordance with the guidelines in this Army and Air National Guard Directive, should promptly report that E3.2.1.1. The FPC 11 promulgated policy Submit requests to the adjutant general of the determination, using the letter format in for Ready Reserve screening activities that applicable State, commonwealth, or section E3.4., to the applicable Reserve shall be accomplished by Federal sector territory (including the District of personnel center, requesting the employee be employers. To ensure that Federal employees Columbia). essential to the continuity of the Federal removed from the Ready Reserve. Coast Guard Reserve Government are not retained as members of E3.3. Individual Ready Reservists the Ready Reserve, the following guidance is Commander (CGPC–RPM), U.S. Coast Guard provided: E3.3.1. Each Ready Reservist who is not a Personnel Command, 2100 Second St. SW., E3.2.1.1.1. Conduct annual screening member of the Selected Reserve is obligated Washington, DC 20593 to notify the Secretary concerned of any program as provided for by the Assistant Dated: August 20, 1998. Secretary of Defense for Reserve Affairs. change of address, marital status, number of L.M. Bynum, E3.2.1.1.2. Responses from Federal dependents, or civilian employment and any Agencies shall be reported under Inter other change that would prevent a member Alternate OSD Federal Register Liaison agency Report Control Number 0912–DoD– from meeting mobilization standards Officer, Department of Defense. AN. prescribed by the Military Service concerned [FR Doc. 98–22746 Filed 8–27–98; 8:45 am] E3.2.1.1.3. Some Federal employees (10 U.S.C. 10205). BILLING CODE 5000±04±M occupy key positions. Because of the E3.3.2. All Ready Reservists shall inform essential nature of those positions, the their employers of their Reserve military Federal Agency head, or designee, concerned obligation. shall designate such positions as ‘‘key DEPARTMENT OF TRANSPORTATION E3.4. Letter FORMAT to Reserve Personnel positions’’ and shall require that they shall NOT be filled by Ready Reservists to Centers Requesting That Employee Be Coast Guard preclude such positions from being vacated Removed From the Ready Reserve during a mobilization. The Secretaries of the From: (Employer-Agency or Company) 33 CFR Part 117 To: (Appropriate Reserve Personnel Center) Military Departments shall transfer Ready [CGD07±98±048] Reservists occupying key positions to the Subject: Request for Employee to Be Standby Reserve or the Retired Reserve or Removed from the Ready Reserve RIN 2115±AE47 shall discharge them, as applicable, under 10 This is to certify that the employee U.S.C. 10149. However, Reserve officers with identified below is vital to the nation’s Drawbridge Regulations; Grand Canal, a remaining Military Service obligation at the defense efforts in (his and/or her) civilian job Florida time of their removal from the Ready Reserve and cannot be mobilized with the Military may be transferred only to the Standby Services in an emergency for the following AGENCY: Coast Guard, DOT. Reserve, Active Status List, in accordance reasons: ACTION: Notice of proposed rulemaking. with 10 U.S.C. 12645. Therefore, I request that (he/she) be E3.2.1.1.4. In determining whether or not removed from the Ready Reserve and that SUMMARY: The Coast Guard proposes to a position should be designated as a ‘‘key you advise me accordingly when this action change the regulations governing the position,’’ the following questions should be has been completed. operation of the Tortoise Island considered by the Federal Agency concerned: The employee is: E3.2.1.1.4.1. Can the position be filled in drawbridge across the Grand Canal at a reasonable time after mobilization? 1. Name of employee (last, first, M.I.): Tortoise Island, Brevard County, E3.2.1.1.4.2. Does the position require 2. Military grade and Reserve component: Florida. The proposal will extend the 2 technical or managerial skills that are 3. Social security number: hours advance notice for opening on 4. Current home address (street, city, State, possessed uniquely by the incumbent signal now authorized during evening employee? and ZIP code): 5. Military unit to which assigned (location hours Sunday through Thursday, to E3.2.1.1.4.3. Is the position associated include Friday and Saturday nights and directly with defense mobilization? and unit number): E3.2.1.1.4.4. Does the position include a 6. Title of employee’s civilian position: evenings preceding federal holidays. mobilization or relocation assignment in an 7. Grade or salary level of civilian position: This action will reduce the requirement Agency having emergency functions, as 8. Date (YYMMDD) hired or assigned to to maintain bridgetender service on the designated by E.O. 12656? position: bridge during evening hours without E3.2.1.1.4.5. Is the position directly Signature and Title of Agency or Company unreasonably impacting navigation associated with industrial or manpower Official using the Grand Canal. mobilization, as designated in E.O. 12656 and 12919? E3.5. List of Reserve Personnel Centers to DATES: Comments must be received on E3.2.1.1.4.6. Are there other factors related Which Reserve Screening Determination and or before October 27, 1998. Removal Requests Shall be Forwarded to the national defense, health, or safety that ADDRESSES: Comments may be mailed to will make the incumbent of the position Army Reserve Commander (oan) Seventh Coast Guard unavailable for mobilization? Army Reserve Personnel Command, 9700 District, 909 SE 1st Avenue, Miami, E3.2.2. Non-Federal Employers of Ready Page Ave., ATTN: ARPC–SFS–T, St. Louis, Florida 33131–3050, or may be Reservists. Under 44 CFR 333, non-Federal MO 63132 employers of Ready Reservists, particularly delivered to room 406 at the above in the fields of public health and safety and Naval Reserve address between 7:30 a.m. and 4:00 p.m. defense support industries, are encouraged to Department of the Navy, Navy Personnel Monday through Friday, except federal adopt personnel management procedures Command (Pers 91), NSA Memphis, holidays. The telephone number is (305) designed to preclude conflicts between the Millington, TN 38054 536–6546. The Commander, Seventh Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45979

Coast Guard District maintains the extended period of time. From January governmental jurisdictions with public docket for this rulemaking. 1997 through December 1997, only 7 populations of less than 50,000. Comments will become part of this boats required an opening on weekends Because it expects the impact of this docket and will be available for between the hours of 10 p.m. and 6 a.m. revised proposal to be minimal, the Coast Guard certifies under 5 U.S.C. inspection or copying at the above Discussion of Proposed Rule address. 605(b) that this proposed rule will not The proposal would extend the FOR FURTHER INFORMATION CONTACT: have a significant economic impact on Ms. Evelyn Smart, Project Manager, weekday evening 2 hours advance a substantial number of small entities notice requirement to also include Bridge Section, (305) 536–6546. because of the limited usage of the weekend evenings between 10 p.m. and bridge during the effected hours, and SUPPLEMENTARY INFORMATION: 6 a.m. Advance notification would the exemption for tugs and tows. If, Requests for Comments remain unchanged during the evening however, you think that your business hours Sunday through Thursday. or organization qualifies as a small The Coast Guard encourages This change is intended to alleviate interested persons to participate in this entity and that this revised proposal manning the bridge 24 hours a day on will have a significant economic impact rulemaking by submitting written data, the weekends and holidays. The bridge views or arguments. Persons submitting on your business or organization, please owner currently provides full time submit a comment (see ADDRESSES) comments should include their names security at the main entrance gate to and addresses, identify the rulemaking explaining why you think you qualify Tortoise Island and full time and in what way and to what degree this [CGD07–98–048] and the specific bridgetender services on the drawbridge section of this revised proposal to which proposed rule will economically affect during weekends despite the low you. each comment applies, and give the volume of nighttime vessel traffic. In reason for each comment. The Coast addition, there is a roving security Collection of Information Guard requests that all comments and patrol available 24 hours each day. This revised proposal contains no attachments be submitted in an Under this proposal, the drawbridge collection of information requirements unbound format suitable for copying. If would be tended during each day and under the Paperwork Reduction Act (44 not practical, a second copy of any the security patrol would respond to U.S.C. 3501 et seq.). bound material is requested. Persons vessel calls on VHF radiotelephone or wanting acknowledgement of receipt of telephone calls during each evening Federalism comments should enclose a stamped, between 10 p.m. and 6 a.m., and would The Coast Guard has analyzed this self-addressed postcard or envelope. provide an opening within 2 hours of revised proposal under the principles The Coast Guard will consider all notification. Emergency opening would and criteria contained in Executive comments received during the comment be provided as rapidly as possible. Order 12612, and has determined that period. It may change this proposal in Regulatory Evaluation this proposal does not have sufficient view of the comments received. federalism implications to warrant the The Coast Guard plans no public This revised proposal is not a preparation of a Federalism Assessment. hearing. Persons may request a public significant regulatory action under hearing by writing to Ms. Evelyn Smart section 3(f) of Executive Order 12866 Environmental Assessment at the address under ADDRESSES. The and does not require an assessment of The Coast Guard considered the request should include the reasons why potential costs and benefits under environmental impact of this revised a hearing would be beneficial. If it Section 6(a)(3) of that order. The Office proposal and has determined pursuant determines that the opportunity for oral of Management and Budget has to Figure 2–1, paragraph 32(e) of presentations will aid this rulemaking, exempted it from review under that Commandant Instruction M16475.1C, the Coast Guard will hold a public order. It is not significant under the that this action is categorically excluded hearing at a time and place announced regulatory policies and procedures of from further environmental by a later notice in the Federal Register. the Department of Transportation. documentation. A Categorical Exclusion Background and Purpose (DOT) (44 FR 11040; February 26, 1979). Determination for this rulemaking is The Coast Guard expects the economic available in the public docket for The present opening schedule for the impact of this proposal to be so minimal inspection and copying. Tortoise Island Drawbridge is as that a full Regulatory Evaluation under follows: The Tortoise Island Drawbridge paragraph 10e of the regulatory policies List of Subjects in 33 CFR Part 117 which crosses the Grand Canal, mile 2.6 and procedures of DOT is unnecessary. Bridges. at Tortoise Island, presently opens on We conclude this because commercial In consideration of the foregoing, the signal; except that during the evening vessels do not use this waterway and Coast Guard proposes to amend 33 CFR hours from 10 p.m. to 6 a.m. from recreational vessels would only be part 117 as follows: Sunday evening until Friday morning, delayed a maximum of two hours for an except on evenings preceding a Federal opening. PART 117Ð[AMENDED] holiday, the draw opens on signal if at least 2 hours notice is given. Small Entities 1. The authority citation for part 117 On February 24, 1998, the Tortoise Under the Regulatory Flexibility Act continues to read as follows: Island Homeowner’s Association, Inc. (5 U.S.C. 601 et seq.), the Coast Guard Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 provided bridge logs, highway traffic must consider whether this revised CFR 1.05–1(g); section 117.255 also issued data and traffic analysis to support proposal will have a significant under the authority of Pub. L. 102–587, 106 extending the 2 hours advance notice to economic impact on a substantial Stat. 5039. include the weekend evenings and number of small entities. ‘‘Small 2. In § 117.285 revise paragraph (b) to holidays. entities’’ include small businesses and read as follows: The Coast Guard’s analysis of the not-for-profit organizations that are bridge logs indicated that a low volume independently owned and operated and § 117.285 Grand Canal. of boat traffic was experienced over an are not dominant in their field, and * * * * * 45980 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

(b) The draw of the Tortoise Island 11 inches, suitable for copying and winter so as to prevent flooding from ice bridge, mile 2.6, shall open on signal; electronic filing. Persons wanting jams. This flow manipulation has the except that during the evening hours acknowledgment of receipt of comments effect of either extending or reducing from 10 p.m. to 6 a.m. the draw shall should enclose stamped, self-addressed the commercial navigation season. open if at least 2 hours notice is given. postcards or envelopes. The ACOE, Missouri River Region, Dated: August 12, 1998. The Coast Guard will consider all advises the public of the changes to the comments received during the comment navigation season in a variety of ways, R.C. Olsen, Jr., period. It may change this proposed rule including, but not limited to: Captain, U.S. Coast Guard, Commander, in view of the comments. publication of an Annual Operating Seventh Coast Guard District, Acting. The Coast Guard plans no public Plan for the Missouri River; public [FR Doc. 98–23220 Filed 8–27–98; 8:45 am] hearing. Individuals may request a meetings to discuss planned flow BILLING CODE 4910±15±M public hearing by writing to the DRWO manipulations; several news releases (ob) at the address under ADDRESSES. throughout the year detailing reservoir- The request should include the reasons runoff statistics and forecasts; and an DEPARTMENT OF TRANSPORTATION why a hearing would be beneficial. If it internet web site that continually determines that the opportunity for oral Coast Guard updates Missouri River stage trends and presentations will aid this rulemaking, other flow information. The ACOE also 33 CFR Part 177 the Coast Guard will hold a public works closely with other federal and hearing at a time and place announced state agencies to coordinate the [CCGD8±98±020] by a later notice in the Federal Register. dissemination of information relating to RIN 2115±AE47 Background and Purpose the closing and opening of the full service flow. The extensive amount of The Missouri River is a free flowing Drawbridge Operation Regulations for information disseminated by the ACOE river traversing several states before it the Missouri River ensures that the public is apprised of joins the Mississippi River 15.3 miles the opening and closing of the AGENCY: Coast Guard, DOT. north of St. Louis, Missouri. The Army commercial navigation season on the ACTION: Notice of proposed rulemaking. Corps of Engineers (ACOE), Missouri Missouri River. River Region manipulates the river’s In order to accommodate vessels SUMMARY: The Coast Guard proposes to depth by releasing water from upstream during the winter season’s low-water revise the regulations governing the reservoirs in accordance with an period, the Missouri River drawbridge operation of the drawbridges across the established plan that provides for a operation regulations contained in 33 Missouri River in the States of Missouri, nine-foot channel between the head of CFR 117.411(a) and 117.687(a) require Iowa, Kansas, and Nebraska. The navigation at Sioux City, Iowa and the that drawbridges on this waterway shall revisions would enable the Coast Guard mouth of the river. open on signal; except that, from to coordinate drawbridge operation Historically the ACOE planned for a December 16 through the last day of schedules for these bridges during the commercial navigation season between February, the draws shall open on signal winter season with the Army Corps of late March to late November at Sioux if at least 24 hours notice is given. Engineers’ support of commercial City, Iowa and from April 1 to December Additionally, 33 CFR 117.691 requires navigation on the Missouri River. 1 at the mouth of the river. This that the draw of the Illinois Central Gulf timeframe also coincided with the dates DATES: Comments must reach the Coast railroad bridge located on the Missouri Guard on or before October 27, 1998. that the Coast Guard maintained floating River shall open on signal; except that, aids to navigation. Additionally, as per from December 1 through the last day of ADDRESSES: You may mail comments to 33 CFR 117, drawbridge owners were February, the draw shall open on signal Director, Western Rivers Operations (ob) required to staff their bridges full time if at least 24 hours notice is given. These (DWRO ob), Eighth Coast Guard District, in order to open these bridges on regulations reflect the actual dates that 1222 Spruce Street, St. Louis, MO demand. Once the commercial the ACOE had manipulated the water 63103, or deliver them to room 2.107F navigation season ended, the on- level on the Missouri River; however, at the same address between 8 a.m. and demand-opening requirement shifted to during the past ten years, the ACOE has 4 p.m. Monday through Friday, except a 24-hour notice requirement for those adopted a more flexible water- Federal Holidays. vessels that required the opening of a management regime. FOR FURTHER INFORMATION CONTACT: drawbridge. In the last decade, the Although the ACOE has adopted a Roger K. Wiebusch, Bridge ACOE has adopted a more flexible less rigid commercial navigation season Administrator, Eighth Coast Guard approach to managing water levels on that is no longer directly linked to a District, 314–539–3900, Ext. 378. the Missouri River. given date, drawbridge owners are still SUPPLEMENTARY INFORMATION: The ACOE’s existing commercial- required by 33 CFR Part 117 to open navigation support plan is derived from their bridges on demand commencing 1 Request for Comments the water levels in the Missouri River March—regardless of the water level on The Coast Guard encourages drainage basin reservoir system, which, the Missouri River. This requires interested persons to participate in this in turn, is linked to prevailing and drawbridge owners to staff their bridges rulemaking by submitting written data, anticipated weather conditions. If there full time despite the fact that the views, or arguments. Persons submitting is an unusually wet summer or fall, the commercial navigation season is not in comments should include their names ACOE may opt to extend the navigation effect. This has resulted in a situation and addresses, identify this rulemaking season in order to release more water where the current bridge regulations (CGD8–98–020) and the specific section from the reservoirs. This allows the governing on-demand openings for the of this proposal to which the comment ACOE to better manage flood conditions Missouri River spans are not aligned applies, and give the reason for each that may threaten the Missouri River with the ACOE’s existing commercial comment. Please submit two copies of drainage basin during the spring. On the navigation season. all comments and attachments in an same token, the ACOE must not allow The purpose of this proposed rule is unbound format, no larger than 81⁄2 by too much water in the river during the to bring the drawbridge operating Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45981 regulations back in synch with the existing rules and the ACOE’s impact on small entities. Therefore, the commercial navigation season. This commercial navigation season Coast Guard certifies under 5 U.S.C. would be accomplished by tying the management practices creates confusion 605(b) that this proposed rule, if drawbridge on-demand-opening and inefficiency. The proposed rules adopted, will not have a significant requirement to the ACOE’s restoration will align the drawbridge regulations economic impact on a substantial of navigational flows to the Missouri with the commercial navigation season number of small entities. If, however, River. and allow bridge owners to more you think that your business or efficiently manage their operations at Discussion of Proposed Rules organization qualifies as a small entity the beginning and end of the and that this proposed rule will have a There are seven drawbridges that commercial navigation season. significant impact on your business or cross the Missouri River. These bridges Regulatory Evaluation organization, please submit a comment span the Missouri River in the states of (see ADDRESSES) explaining why you Missouri, Iowa, Kansas, and Nebraska. This proposed rule is not a significant think it qualifies and in what way and Under the existing rules in 33 CFR regulatory action under section 3(f) of to what degree this proposed rule will 117.411(a), 117.678(a) and 117.691, the the Executive Order 12866 and does not economically affect it. draws are required to open on demand require an assessment of potential costs except that during the winter season— and benefits under section 6(a)(3) of that Collection of Information from December 1 through the last day of order. It has not been reviewed by the This proposed rule does not provide February for the Illinois Central Gulf Office of Management and Budget under for a collection of information under the railroad bridge in Omaha, Nebraska and that order. It is not significant under the from December 16 through the last day regulatory policies and procedures of Paperwork Reduction Act (44 U.S.C. of February for all other bridges—draws the Department of Transportation (DOT) 3501 et seq.). need not open for vessel traffic except (44 FR 11040; February 26, 1979). The Federalism upon 24 hours advance notice. The Coast Guard expects the economic proposed rule would abandon the use of impact of this proposal to be so minimal The Coast Guard has analyzed this these fixed dates for determining when that a full Regulatory Evaluation under proposed rule under the principles and the draws must open on demand. paragraph 10e of the regulatory policies criteria contained in Executive Order Instead, the requirement to open on and procedures of DOT is unnecessary. 12612 and has determined that this demand would be tied to the opening Although for more than 25 years proposed rule does not have sufficient and closure of the commercial bridges on the Missouri river have implications for federalism to warrant navigation season as announced by the operated on a 24-hour notice schedule the preparation of a Federalism ACOE. during the winter season, the dates Assessment. As discussed above, the ACOE currently published in 33 CFR Part 117 Environment manages the flow of the Missouri to no longer coincide with the winter maintain adequate water levels during season dates that the ACOE uses for The Coast Guard considered the the commercial navigation season and flow-management purposes. The environmental impact of this proposed has adopted a flexible approach that proposed rule will result in the rule and concluded that under Figure 2– considers numerous factors in requirement for bridge owners to open 1, paragraph 32(e) of Commandant determining when to begin and when to their spans on demand only during the Instruction M16475.1C, this proposed terminate the commercial navigation commercial navigation season. The rule is categorically excluded from season in any given year. Although winter season is not being extended or further environmental documentation. there is some vessel traffic outside of the shortened in any measurable manner This proposed rule merely alters the ACOE commercial navigation season, and so the impact is simply a shift in time frame when the drawbridges on the that traffic is limited a bridge passage time of its occurrence rather than an Missouri River are required to open on with 24-hour advance notice meets the increase or decrease in the amount of demand. A ‘‘Categorical Exclusion reasonable needs of navigation. During burden. Vessels will still have the Determination’’ is available in the the winter season, bridge owners can ability to navigate the Missouri River docket for inspection or copying where relax staffing requirements since vessels during the flow-reduction period and indicated under ADDRESSES. are required to give 24-hour notice bridge owners will save money by not before passage. staffing their draws full time in order to List of Subjects in 33 CFR Part 117 The original intent of the existing open their spans on demand during this Bridges. rules was to link the on-demand- same time frame. opening requirement with the Regulations commercial navigation season. With the Small Entities ACOE’s flexible approach, the fixed Under the Regulatory Flexibility Act For the reasons discussed in the dates in the existing rules no longer (5 U.S.C. 601 et seq.), the Coast Guard preamble, the Coast Guard proposes to accurately reflect the opening and must consider whether this proposal, if amend 33 CFR Part 117 as follows: closure of the commercial navigation adopted, will have a significant PART 117ÐDRAWBRIDGE season. As a result, bridge owners must economic impact on a substantial OPERATION REGULATIONS staff their bridges to open on demand on number of small entities. Small entities March 1 even if the ACOE has not yet include small businesses, not-for-profit 1. The authority citation for part 117 opened the commercial navigation organizations that are independently continues to read as follows: season. Similarly, bridge owners must owned and operated and are not continue to staff their bridges to open on dominant in their fields and Authority: 33 U.S.C. 499; 49 CFR 1.46; CFR demand until December 16 (December 1 governmental jurisdictions with 1.05–1(g); section 117.255 also issued under the authority of Pub. L. 102–587, 106 Stat. for the Illinois Central Gulf railroad populations of less than 50,000. Since 5039. bridge in Omaha) even after the ACOE the winter season generally corresponds has closed the commercial navigation with the existing dates listed in the 2. Section 117.411(a) is revised to season. This disconnect between the regulation, there will be little, if any, read as follows: 45982 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

§ 117.411 Missouri River. eliminate an agency backlog of work as The general period for responding to (a) The draws of the bridges across the a justification for delay in processing requests has been changed from 10 Missouri River from the mouth to Sioux requests, require redacted material to be workdays to 20 workdays, and requests City, Iowa, shall open on signal; except estimated or indicated in an agency’s for expedited processing must be during the winter season between the response, and require FEMA to make accommodated when the requester has date of closure and date of opening of available an agency reference guide on demonstrated a compelling need as the commercial navigation season as the Freedom of Information Act (FOIA). defined by the statute. Agencies and published by the Army Corps of This proposed rule would revise requesters must discuss alternative time Engineers, the draw need not open FEMA’s existing regulations to reflect frames to process requests, or unless at least 24 hours advance notice the provisions of the Electronic modifications to the requests, when the is given. Freedom of Information Act general 20 workday time for responding * * * * * Amendments of 1996. cannot be met. Moreover, multi-track 3. Section 117.687(a) is revised to DATES: We invite comments on this processing may be established as a way read as follows: proposed rule on or before October 27, to provide more timely responses. 1998. The amount of information deleted on § 117.687 Missouri River. a record must be indicated, unless doing ADDRESSES:Please submit your (a) The draws of the bridges across the so would harm an interest protected by comments to the Rules Docket Clerk, Missouri River from the mouth to St. an exemption; and, if technically Office of General Counsel, 500 C Street Joseph shall open on signal; except feasible, the indication shall be at the SW., room 840, Washington, DC 20472, during the winter season between the place in the record where the deletion (facsimile) 202–646–4536, or by email to date of closure and date of opening of is made. If whole pages or documents [email protected]. the commercial navigation season as are withheld, an estimate of the volume published by the Army Corps of FOR FURTHER INFORMATION CONTACT: of material withheld must be provided Engineers, the draw need not open Sandra Jackson, FOIA/PA Specialist, to the requester, unless doing so would unless at least 24 hours advance notice Office of General Counsel, 500 C Street harm an interest protected by an is given. SW., room 840, Washington, DC 20472, exemption. Also, a guide for requesting * * * * * (202) 646–3840. records, which is to include an index 4. Section 117.691 is revised to read SUPPLEMENTARY INFORMATION: This and description of major record systems, as follows: proposed rule would revise FEMA’s must be developed and made available existing regulations to reflect the by computer telecommunications. § 117.691 Missouri River. provisions of the Electronic Freedom of Section 5.3 would clarify the The draw of the Illinois Central Gulf Information Act Amendments of 1996, definition of ‘‘record’’ to include railroad bridge, mile 618.3, at Omaha, Public Law 104–231, affecting the areas information stored in an electronic shall open on signal; except during the of electronic records, physical and format, and of ‘‘search’’ as defined in winter season between the date of electronic reading rooms, time limits section 552(a)(3)(D) to mean review closure and date of opening of the and backlogs, records denial manually or by automated means. commercial navigation season as specification, reference guide, and Section 5.4 would be revised to refer published by the Army Corps of annual reporting requirements. to the availability of records and Engineers, the draw need not open According to the amended Act, the information from the FEMA website, unless at least 24 hours advance notice term ‘‘record’’ encompasses FEMAFAX, and the FEMA/FOIA is given. information, when maintained in any Handbook. Dated: August 20, 1998. format, including an electronic format. Section 5.10 would add the annual Paul J. Pluta, The category of ‘‘reading room’’ records reporting requirements of FOIA activity. RADM, USCG, Commander, Eighth Coast (5 U.S.C. 552(a)(2)) is expanded to Section 5.25(d) would add a new Guard District. include records that the agency category to reading room records that [FR Doc. 98–23218 Filed 8–27–98; 8:45 am] discloses in response to a FOIA request ‘‘the agency determines have become or that has become, or is likely to become, are likely to become the subject of BILLING CODE 4910±15±M the subject of future requests. An index subsequent requests for substantially the of those records that are the subject of same records.’’ Section 5.25(e) refers to multiple requests must be prepared and the indexing of the records under FEDERAL EMERGENCY made available to the public by § 5.25(d). MANAGEMENT AGENCY electronic means by December 31, 1999. Section 5.26 would refer to the 44 CFR Part 5 Agencies must create an ‘‘electronic ‘‘electronic reading room’’ pursuant to 5 reading room’’ to contain those records U.S.C. 552(a)(2)(D). The statute RIN 3067±AC75 created after November 1, 1996 that fall envisions that each agency will within the ‘‘reading room’’ category as ultimately have both a traditional Production or Disclosure of defined by 5 U.S.C. 552(a)(2). reading room, and a new ‘‘electronic Information Additionally, agencies must make reading room’’ on the WorldWide Web. AGENCY: Federal Emergency reasonable efforts to search for records, Section 5.26 would also update the Management Agency (FEMA). even when information is maintained in mailing address of FEMA Regional ACTION: Proposed rule. an electronic database, unless such Offices. efforts would significantly interfere with Section 5.28 would require FEMA to SUMMARY: This proposed rule would the operation of the agency’s automated index records under the authority of 5 give the public access to government information system. If information is U.S.C. 552(a)(2)(E). information and records maintained in requested in a particular format, Section 5.43(a) would define the term an electronic format, provide for agencies must attempt to provide the ‘‘public interest’’ as interpreted by the expedited processing of certain requests, record in that format if readily U.S. Supreme Court in Department of establish an ‘‘electronic reading room,’’ reproducible. Justice v. Reporters Committee for Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45983

Freedom of the Press, 445 U.S. 136 period because this proposed rule 5.24 Availablity of opinions, orders, (1980). would implement the Electronic policies, interpretations, manuals, and Section 5.44(c) would change ‘‘10 Freedom of Information Act; the 30-day instructions. workdays’’ to ‘‘20 workdays’’. time frame is sufficient to provide the 5.25 Available materials. Section 5.50(a) would include the public with a meaningful opportunity to 5.26 Rules for public inspection and copying. requirements concerning deleting comment and would permit early information; § 5.50(b) would be revised 5.27 Deletion of identifying details. compliance with the legislative 5.28 Indexes. to change ‘‘10-day’’ to ‘‘20 workdays’’. provisions of the FOIA. 5.29 Effect of failure to make information Section 5.52(b) would include the materials available. requirements concerning aggregating Executive Order 12866, Regulatory requests received from one person or Planning and Review Subpart CÐFees persons acting in concert. This proposed rule is not a significant 5.40 Copies of FEMA records available at a Section 5.52(c) would require the regulatory action within the meaning of fee. office having custody of the records to § 2(f) of E.O. 12866 of September 30, 5.41 FEMA publications. determine within 20 workdays whether 5.42 Fees to be charged—categories of 1993, 58 FR 51735, and has not been requesters. to comply with the request. reviewed by the Office of Management Section 5.52(d) would add the 5.43 Waiver or reduction of fees. and Budget. Nevertheless, this proposed requirements concerning the ‘‘expedited 5.44 Prepayment of fees. rule adheres to the regulatory principles access’’ provision of the Act. 5.45 Form of payment. set forth in E.O. 12866. Section 5.53 would add ‘‘(a)’’ before 5.46 Fee schedule. the existing paragraph. It would delete Paperwork Reduction Act 5.47 Appeals regarding fees. the sentence, ‘‘Copies may be furnished Subpart DÐDescribed Records This proposed rule does not contain or the records may be inspected and 5.50 General. copied as provided in § 5.26’’ and a collection of information and is therefore not subject to the provisions of 5.51 Submission of requests for described would insert ‘‘For records required to be records. made available under 5 U.S.C. 552(a)(2), the Paperwork Reduction Act. 5.52 Review of requests. public inspection and copying would be Regulatory Flexibility Act 5.53 Approval of requests. provided as provided in § 5.26. For 5.54 Denial of request for records. records being made available under 5 The Director certifies that this 5.55 Appeal within FEMA of denial of U.S.C. 552(a)(3), records would be proposed rule is exempt from the request. reviewed for disclosure suitability and requirements of the Regulatory 5.56 Extension of time limits. provided as expeditiously as possible.’’ Flexibility Act because it relates to 5.57 Predisclosure notification procedures A new paragraph ‘‘b’’ would refer to individuals’ access to information under for confidential commercial information. 5.58 Exhaustion of administrative remedies. records being provided in any form or the Freedom of Information Act and not 5.59 Judicial relief available to the public. format requested, if readily to small entities. A regulatory flexibility analysis has not been prepared. 5.60 Disciplinary action against employees reproducible, as required by the for ‘‘arbitrary or capricious’’ denial. amendments. List of Subjects in 44 CFR Part 5 5.61 Contempt for noncompliance. Section 5.54(a)(10) would change ‘‘Comptroller’’ to ‘‘Chief Financial Administrative practice and Subpart EÐExemptions Officer’’. procedure, Freedom of information. 5.70 General. Section 5.55(c) would modify the Accordingly, the Federal Emergency 5.71 Categories of records exempt from disclosure under 5 U.S.C. 552. language to be used when requesters Management Agency proposes to revise 5.72 Executive privilege exemption. appeal to the agency under the FOIA; 44 CFR Part 5 as follows: § 5.55(d) would be modified to change Subpart FÐSubpoenas or Other Legal ‘‘Deputy Director’’ to ‘‘General PART 5ÐPRODUCTION OR Demands for Testimony or the Production Counsel’’; § 5.55(e) would change titles DISCLOSURE OF INFORMATION or Disclosure of Records or Other of deciding officials indicated in this Information Subpart AÐGeneral Provisions section; § 5.55(h) would change ‘‘Deputy 5.80 Scope and applicability. Director’’ to ‘‘General Counsel’’. Sec. 5.81 Statement of policy. Section 5.56 would insert ‘‘(a)’’ before 5.1 Scope and purposes of part. 5.82 Definitions. the existing paragraph, and explanatory 5.2 Application. 5.83 Authority to accept service of language would be deleted and replaced 5.3 Definitions. subpoenas. with language from the Act regarding 5.4 Availability of records. 5.84 Production of documents in private the extension of time limits under 5.5 Exemptions. litigation. 5.6 Information to the Congress. 5.85 Authentication and attestation of ‘‘unusual circumstances.’’ 5.7 Records of other agencies. Section 5.58 would be modified to copies. 5.8 Records involved in litigation or other 5.86 Production of documents in litigation insert ‘‘(a)’’ to precede the existing judicial processes. paragraph, and explanatory language in or other adjudicatory proceeding in 5.9 Inconsistent issuances of FEMA and its which the United States is a party. the section would be replaced with predecessor agencies superseded. 5.87 Testimony of FEMA employees in language from the Act regarding the 5.10 Report on FOIA activity for the fiscal private litigation. exhaustion of administrative remedies year. 5.88 Testimony in litigation in which the and ‘‘exceptional circumstances.’’ Subpart BÐPublication of or Availability of United States is a party. Section 5.59 would delete the phrase, General Agency Information, Rules, Orders, 5.89 Waiver. ‘‘by the Deputy Director.’’ Policies, and Similar Material Authority: 5 U.S.C. 552; 5 U.S.C. 301; Justification for 30-day Public Comment 5.20 Publication of rules and general Reorganization Plan No. 3 or 1978, 43 FR Period policies. 41943, 3 CFR, 1978 Comp., p. 329; E.O. 5.21 Effect of failure to publish. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. FEMA has determined that good 5.22 Coordination of publication. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 cause exists for a 30-day comment 5.23 Incorporation by reference. Comp., p. 412. 45984 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

Subpart AÐGeneral Provisions material, as, for example, may be true outlined in subpart E. Except when a for patent information and certain record is classified, or when disclosure § 5.1 Scope and purposes of part. formulae, or is inconsistent with would violate any other Federal statute, This part sets forth policies and another significant and legitimate the authority to withhold a record from procedures concerning the availability governmental purpose. disclosure usually is permissive rather of and disclosure of records and (b) Reasonably Described. Reasonably than mandatory. The authority for information held by the Federal described, when applied to a request nondisclosure will not be invoked Emergency Management Agency record, means identifying it to the unless there is compelling reason to do (FEMA) in accordance with 5 U.S.C. extent that it will permit the location of so. 552, popularly known as the ‘‘Freedom the particular document with a of Information Act’’ (FOIA). reasonable effort. § 5.6 Information to the Congress. (c) Agency. Agency, as defined in 5 Nothing in this part authorizes § 5.2 Application. U.S.C. 552(f)(1), includes any executive withholding information from the This part applies to all records and department, military department, Congress except when the President information materials generated, Government corporation, Government invokes executive privilege. developed, or held by FEMA at controlled corporation, or other § 5.7 Records of other agencies. Headquarters, in Regions, or in the field, establishment in the executive branch of or any component thereof. the Government (including the If a request is submitted to FEMA to Executive Office of the President), or make available current records that are § 5.3 Definitions. the primary responsibility of another The following definitions shall apply any independent regulatory agency. (d) Search. Search, as defined in 5 agency, FEMA will refer the request to to part 5: U.S.C. 552(a)(3)(D) means to review, the agency concerned for appropriate (a) Records means all books, papers, action. FEMA will advise the requester maps, photographs, information stored manually or by automated means, agency records for the purpose of that the request has been forwarded to in electronic format, or other the responsible agency. documentary materials, regardless of locating records that are responsive to a physical form or characteristics made or request. § 5.8 Records involved in litigation or (d) Headquarters FOIA Officer. The received by FEMA in pursuance of other judicial process. FOIA/Privacy Act Specialist or his/her Federal law or in connection with the Where there is reason to believe that designee. transaction of public business and any records requested may be involved (e) Regional FOIA Officer. The preserved, or appropriate for in litigation or other judicial process in Regional Director, or his/her designee. preservation, as evidence of the which the United States is a party, organization, functions, policies, § 5.4 Availability of records. including discovery procedures decisions, procedures, operations, or (a) FEMA records are available to the pursuant to the Federal Rules of Civil other activities of FEMA or because of greatest extent possible in keeping with Procedure or Federal Rules of Criminal the information value of data contained the spirit and intent of FOIA and will Procedure, the request shall be referred therein. The term does not include: be furnished promptly to any member of to the General Counsel. (1) Material made or acquired and the public upon request addressed to § 5.9 Inconsistent issuances of FEMA and preserved solely for reference or the office designated in § 5.26. The its predecessor agencies superseded. exhibition purposes, extra copies of person making the request need not Policies and procedures of any of documents preserved only for have a particular interest in the subject FEMA’s predecessor agencies convenience of reference, and stocks of matter, nor must the person justify the inconsistent with this regulation are publications and of processed request. superseded to the extent of that documents; or (b) The requirement of 5 U.S.C. 552 inconsistency. (2) Objects or articles, such as that records be available to the public structures, furniture, paintings, refers only to records in being when the § 5.10 Report on FOIA activity for the fiscal sculpture, models, vehicles or requester asks for them. The Act year. equipment; or imposes no obligation to compile a (a) On or before February 1 of each (3) Formulae, designs, drawings, record in response to a request. year, the Agency shall submit a report research data, computer programs, (c) Visit the FEMA website, http:// of its activities with regard to freedom technical data packages, and the like, www.fema.gov/library, for information of information requests during the which are not considered records within about the Agency and activities, or preceding fiscal year to the Attorney the Congressional intent of reference contact FEMAFAX, (202) 646–FEMA, General of the United States. because of development costs, use, or for access to a variety of information (b) The annual report shall include: value. These items are considered from the Office of Emergency (1) The number of determinations exploitable resources to be used in the Information and Media Affairs Master made by the agency not to comply with best interest of the entire public and are Document index. Any document(s) requests for records made to such not preserved for informational value or selected will be provided via facsimile. agency under paragraph (a) of this as evidence of agency functions. (d) A FEMA/FOIA Handbook will be section and the reasons for each such Requests for copies of such material available to the public that will aid in determination; shall be evaluated in accordance with requesting various types and categories (2) The number of appeals made by policies expressly directed to the of public information from the Agency, persons, the result of such appeals, and appropriate dissemination or use of both through FOIA and through non- the reason for the action upon each these resources. Requests to inspect this FOIA means. appeal that results in a denial of material to determine its content for information; informational purposes shall normally § 5.5 Exemptions. (3) A complete list of all statutes that be granted, unless inspection is Requests for FEMA records may be the Agency relies upon to withhold inconsistent with the obligation to denied if disclosure is exempted under information under such provisions, a protect the property value of the the provisions of 5 U.S.C. 552(b), as description of whether a court has Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45985 upheld the decision of the Agency to § 5.21 Effect of failure to publish. Federal Center Plaza, 500 C Street SW., withhold information under each such 5 U.S.C. 552(a)(1) provides that except Washington, DC 20472. statute, and a concise description of the to the extent that a person has actual (2) Regional Offices scope of any information withheld; Region I, room 442, J. W. McCormack Post and timely notice of the terms thereof, Office & Court House, Boston, MA (4) The number of requests for records a person may not in any manner be 02109–4595; pending before the Agency as of required to resort to, or be adversely Region II, room 1337, 26 Federal Plaza, September 30 of the preceding year, and affected by, a matter required to be New York, NY 10278–0002; the median number of days that such published in the Federal Register and Region III, Liberty Square Bldg. (Second request had been pending before the not so published. Floor), 105 South Seventh Street, Agency as of that date; Philadelphia, PA 19106–3316; § 5.22 Coordination of publication. Region IV, 3003 Chamblee Tucker Road, (5) The number of requests for records The General Counsel of FEMA is Atlanta, GA 30341; received by the Agency and the number Region V, 175 W. Jackson Boulevard of requests that the Agency processed; responsible for coordination of FEMA materials required to be published in (Fourth Floor), Chicago, IL 60604–2698; Region VI, Federal Regional Center, 800 (6) The median number of days taken the Federal Register. by the Agency to process different types North Loop, Denton, TX 76201–3698; of requests; § 5.23 Incorporation by reference. Region VII, Suite 900, 2323 Grand Avenue, Kansas City, MO 64108–2670; (7) The total amount of fees collected When deemed appropriate, matter Region VIII, Denver Federal Center, by the Agency for processing requests; covered by this subpart, which is Building 710, Box 25267, Denver, CO and reasonably available to the class of 80225–0267; (8) The number of full-time staff of the persons affected thereby may be Region XI, Building 105, The Presidio of Agency devoted to processing requests incorporated by reference in the Federal San Francisco, CA 94129–1250; for records under such provisions, and Register in accordance with standards Region X, Federal Regional Center, 130— the total amount expended by the prescribed from time to time by the 228th Street, SW., Bothell, WA 98021– 9796. Agency for processing such requests. Director of the Federal Register (see 1 CFR part 51). (b) Time. Materials will be made Subpart BÐPublication of or available for public inspection and Availability of General Agency § 5.24 Availability of opinions, orders, copying during the normal hours of Information, Rules, Orders, Policies, policies, interpretations, manuals, and business. instructions. and Similar Material (c) Copying services. FEMA will FEMA will make available for public furnish reasonable copying services at § 5.20 Publication of rules and general inspection and copying the material fees specified in subpart C. Such policies. described in 5 U.S.C. 552(a)(2) as reproduction services as are required In accordance with 5 U.S.C. 552(a)(1), enumerated in § 5.25 and an index of will be arranged by the Office of there are separately stated and currently those materials as described in § 5.28, at Administrative Support in the published, or from time to time there convenient places and times. headquarters or by regional offices as will be published, in the Federal § 5.25 Available materials. appropriate. Register for the guidance of the public, (d) Handling of materials. The the following general information FEMA materials that are available unlawful removal or mutilation of concerning FEMA: under this subpart are as follows: materials is forbidden by law and is (a) Description of the organization of (a) Final opinions and orders made in punishable by fine or imprisonment or the Headquarters Office and regional the adjudication of cases. both. FEMA personnel making materials and other offices and the established (b) Those statements of policy and available will ensure that all materials places at which, the employees from interpretations that have been adopted provided for inspection and copying are whom, and the methods whereby the by FEMA and are not published in the returned in the same condition as public may obtain information, make Federal Register. provided. submittals or requests, or obtain (c) Administrative staff manuals and (e) Availability. All reading room decisions. instructions to staff that affect a member materials that are created on or after of the public, unless such materials are (b) Statement of the general course November 1, 1996 will also be made promptly published and copies offered available by computer and method by which FEMA functions for sale. are channeled and determined, telecommunications pursuant to 5 (d) Copies of all records, regardless of U.S.C. 552(a)(2). including the nature and requirements form or format, that have been released of all formal and informal procedures to any person under 5 U.S.C. 552(a)(3), § 5.27 Deletion of identifying details. available. and which because of the nature of their To the extent required to prevent a (c) Rules of procedure, descriptions of subject matter, the agency determines clearly unwarranted invasion of forms available or the places at which have become or are likely to become the personal privacy, FEMA may delete forms may be obtained, and instructions subject of subsequent requests for identifying details when making as to the scope and contents of all substantially the same records. available or publishing an opinion, papers, reports, or examinations. (e) A general index of the records statement of policy, interpretation, or (d) Substantive rules of general referred to under paragraph (d) of this staff manual or instruction. However, applicability adopted as authorized by section. the justification for each deletion will be law, and statements of general policy or explained fully in writing, and will interpretations of general applicability § 5.26 Rules for public inspection and require the concurrence of the General copying. formulated and adopted by FEMA. Counsel. A copy of the justification will (e) Each amendment, revision, or (a) Location. Reading room materials be attached to the material containing repeal of the materials described in this are available for public inspection and the deletion and a copy will also be section. Much of this information will copying at the following locations: furnished to the Headquarters FOIA also be codified in this subchapter A. (1) Headquarters: Officer or appropriate Regional Director. 45986 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

§ 5.28 Indexes. § 5.42 Fees to be chargedÐcategories of public. These examples are not intended requesters. FEMA will maintain and make to be all-inclusive. As methods of news (a) There are four categories of FOIA available for public inspection and delivery evolve (i.e., electronic requesters: Commercial use requesters; copying current indexes arranged by dissemination of newspapers through representatives of news media; subject matter providing identifying telecommunications services), such educational and noncommercial alternative media would be included in information for the public regarding any scientific institutions; and all other this category. ‘‘Freelance’’ journalists, matter issued, adopted, or promulgated requesters. The time limits for may be regarded as working for a news after July 4, 1967, and described in processing requests shall only begin organization if they can demonstrate a § 5.25. FEMA will publish quarterly and upon receipt of a proper request that solid basis for expecting publication make available copies of each index or reasonably identifies records being through that organization, even though supplements thereto. The indexes will sought. The Freedom of Information not actually employed by it. For be maintained for public inspection at Reform Act of 1986 prescribes specific example, a publication contract would the location described in § 5.26. An levels of fees for each of these be the clearest proof, but FEMA may index of documents referred to in categories: also look to the past publication record, § 5.25(e) will be made available by (1) When records are being requested press accreditation, guild membership, computer telecommunications by for commercial use, the fee policy of business registration, Federal December 31, 1999. FEMA is to levy full allowable direct Communications Commission licensing, cost of searching for, reviewing for or similar credentials of a requester in § 5.29 Effect of failure to make information release, and duplicating the records materials available. making this determination. To be sought. Commercial users are not eligible for inclusion in this category, Materials requested to be made entitled to two hours of free search time requesters must meet the criteria available under § 5.24 that affect a or to 100 free pages of reproduction of specified in this section and his or her member of the public may be relied documents. The full allowable direct request must not be made for a upon, used, or cited as precedent by cost of searching for and reviewing commercial use as that term is defined FEMA against any private party only if records will be charged even if there is under paragraph (a)(1) of this section. A (a) they have been indexed and either ultimately no disclosure of records. request for records that supports the made available or published as required Commercial use is defined as a use that news dissemination function of the by 5 U.S.C. 552(a)(2), or (b) the private furthers the commercial, trade or profit requester shall not be considered to be party has actual and timely notice of interests of the requester or person on a request that is for a commercial use. their terms. whose behalf the request is made. In Requesters must reasonably describe the determining whether a requester falls records sought. Subpart CÐFees within the commercial use category, FEMA will look to the use to which a (3) When records are being requested § 5.40 Copies of FEMA records available at requester will put the documents by an educational or noncommercial a fee. requested. Where a requester does not scientific institution whose purpose is explain his/her use, or where his/her scholarly or scientific research, the fee One copy of FEMA records not policy of FEMA is to levy reproduction available free of charge will be provided explanation is insufficient to permit a determination of the nature of the use, charges only, excluding charges for the at a fee as provided in § 5.46. A first 100 pages. ‘‘Educational reasonable number of additional copies FEMA shall require the requester to provide information regarding the use to institution’’ refers to a preschool, a will be provided for the applicable fee public or private elementary or where reproduction services are not be made of the information. If the explanation does not include an secondary school, an institution of readily obtainable from private graduate higher education, an commercial sources. agreement to pay all appropriate fees FEMA will process the request only up institution of undergraduate higher § 5.41 FEMA publications. to the $30.00 threshold that FEMA has education, an institution of professional determined is the minimum cost to the education and an institution of Anyone may obtain FEMA Agency of routine collection and vocational education, which operates a publications without charge from the processing. Requesters must reasonably program or programs of scholarly FEMA Headquarters, Regional Offices describe the records sought. research. ‘‘Noncommercial scientific and from FEMA, PO Box 8181, (2) When representatives of the news institution’’ refers to an institution that Washington, DC 20024 in accordance media request records, the fee policy of is not operated on a commercial basis as with standard operating procedures, FEMA is to levy reproduction charges that term is defined under paragraph including limitation on numbers of only, excluding charges for the first 100 (a)(1) of this section and that is operated specific individual publications. FEMA pages. A representative of the news solely for the purpose of conducting films may be obtained on loan or certain media is any person actively gathering scientific research, the results of which of these films may be purchased, in news for an entity that is organized and are not intended to promote any which case fees will be charged as set operated to publish or broadcast news to particular product or industry. To be out in a FEMA catalogue. Non-exempt the public. The term ‘‘news’’ means eligible for inclusion in this category, FEMA research reports are available information that is about current events requesters must show that the request is from the National Technical Information or information that would be of current being made under the auspices of a Service, United States Department of interest to the public. Examples of the qualified institution and that the records Commerce, which establishes its own news media include television or radio are not sought for a commercial use, but fee schedule. Charges, if any, for these stations broadcasting to the public at are sought in furtherance of scholarly (if items and similar user charges are large and publishers of periodicals (but the request is from an educational established in accordance with other only in those instances where they can institution) or scientific (if the request is provisions of law as, for example, 31 qualify as disseminators of ‘‘news’’) who from a noncommercial scientific U.S.C. 9701, and are not deemed search make their products available for institution) research. Requesters must and duplication charges hereunder. purchase or subscription by the general reasonably describe the records sought. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45987

(4) For any other request that does not the records sought would not exceed payment of the full amount of the meet the criteria contained in $30.00, FEMA shall not charge the estimated fee before the agency begins paragraphs (a)(1) through (3) of this requester any costs. to process a new request or a pending section, the fee policy of FEMA is to (2) For requests from representatives request from that requester. levy full reasonable direct cost of of news media or educational and (c) When FEMA acts under searching for and duplicating the noncommercial scientific institutions, paragraphs (a) or (b) of this section, the records sought, except that the first 100 excluding the first 100 pages that are administrative time limits prescribed in pages of reproduction and the first two provided at no charge, if the duplication subsection (a)(6) of the FOIA (i.e., 20 hours of search time shall be furnished cost would not exceed $30.00, FEMA workdays from the receipt of initial without charge. The first two hours of shall not charge the requester any costs. requests and 20 workdays from receipt computer search time is based on the (3) For all other requests not falling of appeals from initial denial, plus hourly cost of operating the central within the category of commercial use permissible extensions of these time processing unit and the operator’s requests, representatives of news media, limits) will begin only after FEMA has hourly salary plus 16 percent. When the or educational and noncommercial received fee payments described under cost of the computer search, including scientific institutions, FEMA shall not paragraphs (a) or (b) of this section. the operator time and the cost of charge the requester any costs if the operating the computer to process the direct cost of searching for and § 5.45 Form of payment. request, equals the equivalent dollar duplicating the records sought would Payment shall be by check or money amount of two hours of the salary of the not exceed $30.00, excluding the first order payable to the Federal Emergency person performing the search, i.e., the two hours of search time and first 100 Management Agency and shall be operator, FEMA shall begin assessing pages that are free of charge. addressed to the official designated by charges for computer search. Requests FEMA in correspondence with the from individuals requesting records § 5.43 Waiver or reduction of fees. requester or to the Headquarters FOIA about themselves filed in FEMA’s (a) FEMA may waive all fees or levy Officer or to the Regional FOIA Officer, systems of records shall continue to be a reduced fee when disclosure of the as appropriate. treated under the fee provisions of the information requested is deemed to be § 5.46 Fee schedule. Privacy Act of 1974 that permit fees in the public interest because it is likely only for reproduction. Requesters must to contribute significantly to public (a) Manual searches for records. reasonably describe the records sought. understanding of the operations or FEMA will charge at the salary rate(s), (b) Except for requests that are for a activities of the Federal Government (i.e., basic hourly pay rate plus 16 commercial use, FEMA may not charge and is not primarily in the commercial percent) of the employee(s) conducting for the first two hours of search time or interest of the requester. Disclosure is the search. FEMA may assess charges for the first 100 pages of reproduction. considered in the ‘‘public interest’’ if it for time spent searching, even if the However, a requester may not file would shed light on how an agency agency fails to locate the records or if multiple requests at the same time, each performs its statutory duties; the records located are determined to be seeking a portion of a document or identity of the requester or purpose for exempt from disclosure. documents, in order to avoid payment which the information is requested is (b) Computer searches for records. of fees. When FEMA believes that a not relevant. FEMA will charge the actual direct cost requester or, on rare occasions, a group (b) A fee waiver request shall indicate of providing the service. This will of requesters acting in concert, is how the information will be used, to include the cost of operating the central attempting to break a request down into whom it will be provided, whether the processing unit (CPU) for that portion of a series of requests for the purpose of requester intends to use the information operating time that is directly evading the assessment of fees, FEMA for resale at a fee above actual cost, any attributable to searching for records may aggregate any such requests and personal or commercial benefits that the responsive to a FOIA request and charge accordingly. For example, it requester reasonably expects to receive operator/programmer salary would be reasonable to presume that by the disclosure, provide justification apportionable to the search. FEMA may multiple requests of this type made to support how release will benefit the assess charges for time spent searching, within a 30-day period had been made general public, the requester’s or even if FEMA fails to locate the records to avoid fees. For requests made over a intended user’s identity and or if records located are determined to longer period, however, FEMA must qualifications, expertise in the subject be exempt from disclosure. have a solid basis for determining that area and ability and intention to (c) Duplication costs. (1) For copies of aggregation is warranted in such cases. disseminate the information to the documents reproduced on a standard Before aggregating requests from more public. office copying machine in sizes up to than one requester, FEMA must have a 81⁄2 × 14 inches, the charge will be $0.15 concrete basis on which to conclude § 5.44 Prepayment of fees. per page. that the requesters are acting in concert (a) When FEMA estimates or (2) The fee for reproducing copies of and are acting specifically to avoid determines that allowable charges that a records over 81⁄2 × 14 inches or whose payment of fees. In no case may FEMA requester may be required to pay are physical characteristics do not permit aggregate multiple requests on unrelated likely to exceed $250.00, FEMA may reproduction by routine electrostatic subjects from one requester. require a requester to make an advance copying shall be the direct cost of (c) In accordance with the prohibition payment of the entire fee before reproducing the records through of 5 U.S.C. 552(a)(4)(A)(iv) FEMA shall continuing to process the request. government or commercial sources. If not charge fees to any requester, (b) When a requester has previously FEMA estimates that the allowable including commercial use requesters, if failed to pay a fee in a timely fashion duplication charges are likely to exceed the costs of collecting a fee are likely to (i.e., within 30 days of the date of the $25.00, it shall notify the requester of equal or exceed the amount of the fee. billing), FEMA may require the the estimated amount of fees, unless the (1) For commercial use requesters, if requester to pay the full amount owed requester has indicated in advance his/ the direct cost of searching for, plus any applicable interest as provided her willingness to pay fees as high as reviewing for release, and duplicating in § 5.46(d), and to make an advance those anticipated. Such a notice shall 45988 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules offer a requester the opportunity to Subpart DÐDescribed Records Officer, or the Regional FOIA Officer for confer with agency personnel with the a regional office, will forward the objective of reformulating the request to § 5.50 General. request to the FEMA office that has meet his/her needs at a lower cost. (a) Except for records made available custody of the record. An information (3) For copies prepared by computer, pursuant to subpart B, FEMA shall copy of region requests will be such as tapes or printouts, FEMA shall promptly make records available to a forwarded to the Headquarters FOIA charge the actual cost, including requester pursuant to a request that Officer. operator time, of production of the tape reasonably describes such records (b) Multiple requests from one or printout. If FEMA estimates that the unless FEMA invokes an exemption requester or requesters acting in concert allowable duplication charges are likely under subpart E. For information that is will be processed as one request when to exceed $25, it shall notify the deleted from a record in part, the the Agency reasonably believes that requester of the estimated amount of amount of information deleted shall be such requests actually constitute a fees, unless the requester has indicated indicated on the released portion of the single request that will otherwise satisfy in advance his/her willingness to pay record, unless including that indication the unusual circumstances specified in fees as high as those anticipated. Such would harm an interest protected by an § 5.56(c). Multiple unrelated requests a notice shall offer a requester the applicable exemption. When entire will not be aggregated. opportunity to confer with agency records, or entire pages, are withheld a personnel with the objective of reasonable effort is to be made to (c) Upon any request for records made reformulating the request to meet his/ estimate the volume of what is withheld pursuant to § 5.20, § 5.24, or § 5.51, the her needs at a lower cost. and provide any such estimate to the office having custody of the records (4) For other methods of reproduction requester. Although the burden of shall determine within 20 workdays or duplication, FEMA shall charge the reasonable description of the records after receipt of any such request in the actual direct costs of producing the rests with the requester, FEMA will office of the appropriate official document(s). If FEMA estimates that the assist in identification to the extent identified in § 5.51 whether to comply allowable duplication charges are likely practicable. Where requested records with the request. If the request is to exceed $25, it shall notify the may be involved in litigation or other approved, the office having custody of requester of the estimated amount of judicial proceedings in which the the record shall notify the requester and fees, unless the requester has indicated United States is a party the procedures the Headquarters FOIA Officer whether in advance his/her willingness to pay set forth under § 5.8 shall be followed. the request originated in Headquarters, fees as high as those anticipated. Such (b) Upon receipt of a request that does a Region or the field. a notice shall offer a requester the not reasonably describe the records (d) Requests for expedited processing opportunity to confer with agency requested, FEMA may contact the and FOIA appeals will be taken out of personnel with the objective of requester to seek a more specific order and given expedited treatment reformulating the request to meet his/ description. The 20-workday time limit whenever it is determined that: her needs at a lower cost. set forth in § 5.52 will not start until a (1) Circumstances in which failure to (d) Interest. Interest may be charged to request reasonably describing the those requesters who fail to pay fees expedite could reasonably be expected records is received in the office of the to pose an imminent threat to the life or charged. FEMA may begin assessing appropriate official identified in § 5.51. interest charges on the amount billed physical safety of an individual; starting on the 31st day following the § 5.51 Submission of requests for (2) There exists an urgency to inform day on which the billing was sent. described records. the public about an actual or alleged Interest will be at the rate prescribed in (a) For records located in the FEMA Federal Government activity, and a 31 U.S.C. 3717 and will accrue from the Headquarters, requests shall be person who is primarily engaged in date of the billing. submitted in writing, to the disseminating information makes the (e) Methods to comply. FEMA shall Headquarters FOIA Officer, Federal request. use the most efficient and least costly Emergency Management Agency, A requester whose request for methods to comply with requests for Washington, DC 20472. For records expedited access is denied may appeal documents made under the FOIA. located in the FEMA Regional Offices, that decision to the General Counsel in FEMA may choose to contract with requests shall be submitted to the the manner prescribed in subpart D. private sector services to locate, appropriate Regional FOIA Officer, at reproduce and disseminate records in the address listed in § 5.26. Requests § 5.53 Approval of requests. response to FOIA requests when that is should bear the legend ‘‘Freedom of (a) When a request is approved, the most efficient and least costly Information Request’’ prominently records will be made available promptly method. When documents responsive to marked both on the face of the request in accordance with the terms of the a request are maintained for distribution letter and on the envelope. The 20- regulation. For records required to be by agencies operating statutory-based workday time limit for agency made available under 5 U.S.C. 552(a)(2), fee schedule programs, such as but not determinations set forth in § 5.52 shall public inspection and copying will be limited to the Government Printing not start until a request is received in provided as provided in § 5.26. For Office or the National Technical the office of the appropriate official records being made available under 5 Information Service, FEMA will inform identified in this paragraph. U.S.C. 552(a)(3), records will be (b) The Headquarters FOIA Officer requesters of the steps necessary to reviewed and provided as expeditiously shall respond to questions concerning obtain records from those sources. as possible. the proper office to which Freedom of § 5.47 Appeals regarding fees. Information requests should be (b) In making a record available under A requester whose application for a addressed. 5 U.S.C. 552(a)(3), the record shall be fee waiver or a fee reduction is denied provided in any form or format may appeal that decision to the General § 5.52 Review of requests. requested by the person if the record is Counsel in the manner prescribed in (a) Upon receipt of a request for readily reproducible by the agency in subpart D. information, the Headquarters FOIA that form or format. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45989

§ 5.54 Denial of request for records. (b) An appeal must be received in the (2) A statement of the legal basis for (a) Each of the following officials Headquarters FOIA Office no later than nondisclosure; within FEMA, any official designated to thirty calendar days after receipt by the (3) A statement of the name and title act for the official, or any official requester of the initial denial. or position of the official or officials delegated authority by such officials (c) An appeal must be in writing and responsible for the denial of the initial shall have the authority to make initial should contain a brief statement of the request as described in § 5.54 and the denials of requests for disclosure of requester’s reason(s) challenging the denial of the appeal as described in records in his or her custody, and shall, cited exemption(s) as improper, and paragraph (f) of this section, and in accordance with 5 U.S.C. 552(a)(6)(C) should enclose copies of the initial (4) A statement of the requester’s be the responsible official for denial of request and denial. The appeal letter rights of judicial review. records under this part. should bear the legend, ‘‘FREEDOM OF (1) Deputy Director. INFORMATION APPEAL,’’ § 5.56 Extension of time limits. (2) [Reserved]. conspicuously marked on both the face (a) In unusual circumstances as (3) Federal Insurance Administrator/ of the appeal letter and on the envelope. specified in this section, the time limits Executive Administrator. FEMA has 20 workdays after the receipt prescribed in §§ 5.52 and 5.55 may be (4) Associate Directors/Executive of an appeal to make a determination extended by a written notice to the Associate Directors. with respect to such appeal. The 20- person making such request setting forth (5) United States Fire Administrator/ workday time limit shall not begin to the unusual circumstances for such Executive Administrator. run until the Headquarters FOIA Officer extension and the date on which a (6) Chief of Staff. receives the appeal. Misdirected appeals determination is expected to be (7) Office Directors. should be forwarded promptly to that dispatched. No such notice shall specify (8) Associate General Counsel for office. a date that would result in an extension General Law. (d) The Headquarters FOIA Officer for more than 10 workdays, except as (9) Inspector General. will submit the appeal to the General provided in paragraph (b) of this (10) Chief Financial Officer. Counsel for final administrative section. (11) Regional Directors. determination. (b) With respect to a request for which (b) If a request is denied, the (e) The General Counsel shall be the a written notice under paragraph (a) of appropriate official listed in paragraph deciding official on all appeals except in this section extends the time limits (a) of this section shall advise the those cases in which he or she made the prescribed under §§ 5.52(b) and 5.55(c), requester within 20 workdays of receipt initial denial. If the General Counsel the agency shall notify the person of the request by the official specified in made the initial denial, the Deputy making the request if the request cannot § 5.51, except as provided in § 5.56, and Director will be the deciding official on be processed within the time limit shall furnish written reasons for the any appeal from that denial. In the specified in that section and shall denial. The denial will describe the absence of the Deputy Director, or in provide the person an opportunity to record or records requested, state the case of a vacancy in that office, the limit the scope of the request so that it reasons for nondisclosure pursuant to Director may be the deciding official or may be processed within that time limit subpart E, state the name and title or designate another FEMA official to or an opportunity to arrange with the position of the official responsible for perform the Deputy’s functions. agency an alternative time frame for the denial of such request, and state the (f) If an appeal is filed in response to processing the request or a modified requester’s appeal rights. request. Refusal by the requester to (c) If FEMA cannot locate requested a tentative denial pending locating and/ modify the request reasonably or to records the appropriate official specified or examination of records, as described arrange such an alternative time frame in paragraph (a) of this section will in § 5.53(c), FEMA will continue to shall be considered as a factor in inform the requester that the agency has search for or examine the requested determining whether exceptional determined at the present time to deny records and will issue a response circumstances exist for purposes of this the request because the records have not immediately upon completion of the section. yet been found or examined, but that the search or examination. Such action in (c) ‘‘Unusual circumstances’’ means, agency will review the request within a no way suspends the time for FEMA’s but only to the extent reasonably specified number of days, when the response to the requester’s appeal that necessary for the proper processing of search or examination is expected to be FEMA will continue to process the particular requests— complete. The denial letter will state the regardless of the response under this name and title or position of the official paragraph. (1) The need to search for and collect responsible for the denial of such (g) If a requester files suit pending an the requested records from field request. In such event, the requester agency appeal, FEMA nonetheless will facilities or other establishments that are may file an agency appeal immediately, continue to process the appeal, and will separate from the office processing the pursuant to § 5.55. furnish a response within the 20 request; workday time limit set out in paragraph (2) The need to search for, collect, and § 5.55 Appeal within FEMA of denial of (c) of this section. appropriately examine a voluminous request. (h) If, on appeal, the denial of the amount of separate and distinct records (a) A requester denied access, in request for records is upheld in whole that are demanded in a single request; whole or in part, to FEMA records may or in part, the General Counsel will or appeal that decision within FEMA. promptly furnish the requester a copy of (3) The need for consultation, which Address all appeals to the Headquarters the ruling in writing within the 20- shall be conducted with all practicable FOIA Officer, Federal Emergency workday time limit set out in paragraph speed, with another agency having a Management Agency, Washington, DC (c) of this section except as provided in substantial interest in the determination 20472, regardless of whether the denial § 5.55. The notification letter shall of the request or among two or more being appealed was made at contain: components of the agency having Headquarters, in a field office, or by a (1) A brief description of the record or substantial subject matter interest Regional Director. records requested; therein. 45990 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules

§ 5.57 Predisclosure notification (3) Notice of a request for confidential final decision to release the requested procedures for confidential commercial commercial information falling within information has been mailed to the information. paragraph (c)(2)(i) of this section shall submitter. FEMA shall inform the (a) In general. Business information be required for a period of not more submitter that disclosure will be made provided to FEMA by a business than 10 years after the date of by the specified disclosure date, unless submitter shall not be disclosed submission unless the submitter the submitter seeks a court injunction to pursuant to a Freedom of Information requests, and provides acceptable prevent its release by the date. When Act request except in accordance with justification for, a specific notice period notice is given to a submitter under this this section. For purposes of this of greater duration. section, FEMA shall notify the requester section, the following definitions apply: (4) Whenever possible, the submitter’s that such notice has been given to the (1) Confidential commercial claim of confidentiality shall be submitter and the proposed date for information means records provided to supported by a statement or certification disclosure. the government by a submitter that by an officer or authorized (f) Notice of lawsuit. (1) Whenever a arguably contain material exempt from representative of the company that the requester brings legal action seeking to release under Exemption 4 of the information in question is in fact compel disclosure of business Freedom of Information Act, 5 U.S.C. confidential commercial or financial information covered by paragraph (c) of 552(b)(4), because disclosure could information and has not been disclosed this section, FEMA shall promptly reasonably be expected to cause to the public. notify the submitter. substantial competitive harm. (d) Opportunity to object to (2) Whenever a submitter brings legal (2) Submitter means any person or disclosure. (1) Through the notice action seeking to prevent disclosure of entity that provides confidential described in paragraph (b) of this business information covered by commercial information to the section, FEMA shall afford a submitter paragraph (c) of this section, FEMA government. The term submitter 7 workdays within which to provide shall promptly notify the requester. includes corporations, State FEMA with a detailed statement of any (g) Exception to notice requirement. governments, and foreign governments. objection to disclosure. Such statement The notice requirements of this section (b) Notice to business submitters. shall specify all grounds for shall not apply if: FEMA shall provide a submitter with withholding any of the information (1) FEMA determines that the prompt notice of receipt of a Freedom under any exemptions of the Freedom of information shall not be disclosed; of Information Act request Information Act and, in the case of (2) The information has been encompassing its business information Exemption 4, shall demonstrate why the published or otherwise officially made whenever required in accordance with information is contended to be a trade available to the public; paragraph (c) of this section, and except secret or commercial or financial (3) Disclosure of the information is as provided in paragraph (g) of this information that is considered required by law (other than 5 U.S.C. section. The written notice shall either privileged or confidential. Information 552); or (4) The information was required in describe the exact nature of the business provided by a submitter pursuant to this the course of a lawful investigation of a information requested or provide copies paragraph might itself be subject to possible violation of criminal law. of the records or portions of records disclosure under the FOIA. containing the business information. (2) When notice is given to a § 5.58 Exhaustion of administrative (c) When notice is required. (1) For submitter under this section, FEMA remedies. confidential commercial information shall notify the requester that such (a) Any person making a request to submitted prior to January 1, 1988, notice has been given to the submitter. FEMA for records under this part shall FEMA shall provide a submitter with The requester will be further advised be deemed to have exhausted his notice of receipt of a FOIA request that a delay in responding to the administrative remedies with respect to whenever: request, i.e., 10 workdays after receipt of the request if the agency fails to comply (i) The records are less than 10 years the request by FEMA or 20 workdays with the applicable time limit old and the information has been after receipt of the request by FEMA if provisions set forth in §§ 5.52 and 5.55. designated by the submitter as the time limits are extended under (b) ‘‘Exceptional circumstances’’ does confidential commercial information; unusual circumstances permitted by the not include a delay that results from a (ii) FEMA has reason to believe that FOIA, may be considered a denial of predictable agency workload of requests disclosure of the information could access to records and the requester may under this section, unless the agency reasonably result in commercial or proceed with an administrative appeal demonstrates reasonable progress in financial injury to the submitter; or or seek judicial review, if appropriate. reducing its backlog of pending (iii) The information is subject to (e) Notice of intent to disclose. FEMA requests. prior express commitment of shall consider carefully a submitter’s (c) Refusal by a requester to modify confidentiality given by FEMA to the objections and specific grounds for the scope of a request reasonably or to submitter. nondisclosure prior to determining arrange an alternative time frame for (2) For confidential commercial whether to disclose business processing the request (or a modified information submitted to FEMA on or information. Whenever FEMA decides request) under paragraph (a) after being after January 1, 1988, FEMA shall to disclose business information over given an opportunity to do so by the provide a submitter with notice of the objection of a submitter, FEMA shall agency to whom the person made the receipt of a FOIA request whenever: forward to the submitter a written notice request shall be considered as a factor (i) The submitter has in good faith that shall include: in determining whether exceptional designated the information as (1) A statement of the reasons why the circumstances exist for purposes of this commercially or financially sensitive submitter’s disclosure objections were paragraph. information; or not sustained; (ii) FEMA has reason to believe that (2) A description of the business § 5.59 Judicial relief available to the disclosure of the information could information to be disclosed; and public. reasonably result in commercial or (3) A specified disclosure date, which Upon denial of a requester’s appeal, financial injury to the submitter. is 7 workdays after the notice of the the requester may file a complaint in a Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45991 district court of the United States in the national defense or foreign policy and regarding wells. Any reasonably district in which the complainant are, in fact, properly classified pursuant segregable portion of a record shall be resides, or has his principal place of to such Executive Order; provided to any person requesting the business, or in which the agency records (b) Related solely to the internal record after deletion of the portions that are situated, or in the District of personnel rules and practices of an are exempt under this section; or Columbia, pursuant to 5 U.S.C. agency; (j) Whenever a request is made that 552(a)(4)(B). (c) Specifically exempted from involves access to records described in disclosure by statute other than section § 5.60 Disciplinary action against paragraph (g)(1) of this section and the 552(b) of title 5, provided that such investigation or proceeding involves a employees for ``arbitrary or capricious'' statute requires that the matters be denial. possible violation of criminal law; and withheld from the public in such a there is reason to believe that the subject Pursuant to 5 U.S.C. 552(a)(4)(F), manner as to leave no discretion on the whenever the district court, described in of the investigation or proceeding is not issue or establishes particular criteria aware of its pendency, and disclosure of § 5.59 orders the production of any for withholding or refers to particular FEMA records improperly withheld the existence of the records could types of matter to be withheld; reasonably be expected to interfere with from the complainant and assesses (d) Trade secrets and commercial or against the United States reasonable enforcement proceedings, FEMA may, financial information obtained from a during only such time as that attorney fees and other litigation costs, person and privileged or confidential; and the court additionally issues a circumstance continues, treat the (e) Inter-agency or intra-agency records as not subject to the written finding that the circumstances memoranda or letters that would not be surrounding the withholding raise requirements of 5 U.S.C. 552 and this available by law to a party other than an subpart. questions whether FEMA personnel agency in litigation with the agency; acted arbitrarily or capriciously with (f) Personnel and medical files and § 5.72 Executive privilege exemption. respect to the withholding, the Special similar files the disclosure of which Where application of the executive Counsel in the Merit Systems Protection would constitute a clearly unwarranted Board is required to initiate a privilege exemption is desired, the invasion of personal privacy; matter shall be forwarded to the Director proceeding to determine whether (g) Records or information compiled for consideration. If the request for disciplinary action is warranted against for law enforcement purposes, but only information is from a congressional the officer or employee who primarily to the extent that the production of such source, only the President may invoke was responsible for the withholding. law enforcement records or information: the exemption. Presidential approval is The Special Counsel after investigation (1) Could reasonably be expected to not necessarily required if the request and consideration of the evidence interfere with enforcement proceedings; submitted, submits findings and (2) Would deprive a person of a right for information is in connection with recommendations to the Director of to a fair trial or an impartial judicial or adjudicatory proceedings or FEMA and sends copies of the findings adjudication; otherwise. In connection with judicial and recommendations to the officer or (3) Could reasonably be expected to proceedings, the response shall be employee or his or her representative. constitute an unwarranted invasion of coordinated with the Department of The law requires the Director to take personal privacy; Justice. (4) Could reasonably be expected to any corrective action that the Special Subpart FÐSubpoenas or Other Legal disclose the identity of a confidential Counsel recommends. Demands for Testimony or the source, including a State, local, or Production or Disclosure of Records § 5.61 Contempt for noncompliance. foreign agency or authority or any or Other Information In the event of noncompliance by private institution that furnished FEMA with an order of a district court information on a confidential basis, and, § 5.80 Scope and applicability. pursuant to § 5.60, the district court may in the case of a record or information (a) This subpart sets forth policies and punish for contempt the FEMA compiled by a criminal law enforcement procedures with respect to the employee responsible for the authority in the course of a criminal disclosure or production by FEMA noncompliance, pursuant to 5 U.S.C. investigation, or by an agency employees, in response to a subpoena, 552(a)(4)(G). conducting a lawful national security order or other demand of a court or intelligence investigation, information Subpart EÐExemptions other authority, of any material furnished by a confidential source; contained in the files of the Agency or (5) Would disclose techniques and § 5.70 General. any information relating to material procedures for law enforcement The exemptions enumerated in 5 contained in the files of the Agency or investigations or prosecutions, or would U.S.C. 552(b), under which the any information acquired by an disclose guidelines for law enforcement provisions for availability of records and employee as part of the performance of investigations or prosecutions if such informational materials will not apply, that person’s official duties or because disclosure could reasonably be expected are general in nature. FEMA will decide of that person’s official status. each case on its merits in accordance to risk circumvention of the law; or (6) Could reasonably be expected to (b) This subpart applies to State and with the FEMA policy expressed in local judicial, administrative and subpart A. endanger the life or physical safety of any individual; legislative proceedings, and federal § 5.71 Categories of records exempt from (h) Contained in or related to judicial and administrative proceedings. disclosure under 5 U.S.C. 552. examination, operating, or condition (c) This subpart does not apply to 5 U.S.C. 552(b) provides that the reports prepared by, on behalf of, or for congressional requests or subpoenas for requirements of the statute do not apply the use of any agency responsible for the testimony or documents, or to an to matters that are: regulation or supervision of financial employee making an appearance solely (a) Specifically authorized under institutions; in his or her private capacity in judicial criteria established by an Executive (i) Geological and geophysical or administrative proceedings that do Order to be kept secret in the interest of information and data, including maps, not relate to the Agency (such as cases 45992 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules arising out of traffic accidents, domestic Federal Emergency Management employee of FEMA shall respond in relations, etc.). Agency, 500 C Street SW., Washington, strict compliance with the terms of a DC 20472. No other official or employee subpoena duces tecum unless § 5.81 Statement of policy. of FEMA is authorized to accept service specifically authorized by the General (a) It is the policy of FEMA to make of subpoenas on behalf of the Agency. Counsel (or Inspector General). its records available to private litigants to the same extent and in the same § 5.84 Production of documents in private § 5.85 Authentication and attestation of manner as such records are made litigation. copies. available to members of the general (a) The production of records held by The Director, Deputy Director, public, except where protected from FEMA in response to a subpoena duces Associate Directors, Executive Associate disclosure by litigation procedural tecum or other demand issued pursuant Directors, Administrators, Executive authority (e.g., Federal Rules of Civil to private litigation, whether or not Administrators, the General Counsel, Procedure) or other applicable law. served in accordance with the the Deputy General Counsel, the Rules (b) It is FEMA’s policy and provisions of § 5.83 of this subpart, is Docket Clerk, Inspector General, responsibility to preserve its human prohibited absent authorization by the Regional Directors, and their designees, resources for performance of the official General Counsel or, as to records of the and other heads of offices having functions of the Agency and to maintain Office of the Inspector General, by the possession of records are authorized in strict impartiality with respect to private Inspector General. the name of the Director to authenticate litigants. Participation by FEMA (b) Whenever an official or employee and attest for copies or reproductions of employees in private litigation in their of FEMA, including any Regional records. Appropriate fees will be official capacities is generally contrary Director, receives a subpoena or other charged for such copies or to this policy. demand for the production of Agency reproductions based on the fee schedule documents or material, he or she shall set forth in § 5.46 of this part. § 5.82 Definitions. immediately notify and provide a copy § 5.86 Production of documents in For purposes of this subpart, the of the demand to the General Counsel, litigation or other adjudicatory proceeding following terms have the meanings unless the subpoena or demand seeks in which the United States is a party. the production of documents or material ascribed to them in this section: Subpoenas duces tecum issued (a) Demand refers to a subpoena, maintained by the Office of Inspector pursuant to litigation or any other order, or other demand of a court of General, in which case a copy of the adjudicatory proceeding in which the competent jurisdiction, or other specific demand shall be provided to the United States is a party shall be referred authority (e.g., an administrative or Inspector General. to the General Counsel. State legislative body), signed by the (c) The General Counsel (or Inspector presiding officer, for the production, General), after consultation with other § 5.87 Testimony of FEMA employees in disclosure, or release of FEMA records appropriate officials as deemed private litigation. or information or for the appearance and necessary, shall promptly determine (a) No FEMA employee shall testify in testimony of FEMA personnel as whether to disclose the material or response to a subpoena or other demand witnesses in their official capacities. documents identified in the subpoena or in private litigation as to any (b) Employee of the Agency includes other demand. Generally, authorization information relating to material all officers and employees of the United to furnish the requested material or contained in the files of the Agency, or States appointed by or subject to the documents shall not be withheld unless any information acquired as part of the supervision, jurisdiction or control of their disclosure is prohibited by performance of that person’s official the Director of FEMA. relevant law or for other compelling duties or because of that person’s (c) Private litigation refers to any legal reasons. official status, including the meaning of proceeding that does not involve as a (d) Whenever a subpoena or demand Agency documents. named party the United States commanding the production of any (b) Whenever a demand is made upon Government, or the Federal Emergency record is served upon any Agency a FEMA employee, other than an Management Agency, or any official employee other than as provided in employee of the Office of Inspector thereof in his or her official capacity. § 5.83 of this subpart, or the response to General, for the disclosure of a demand is required before the receipt information described in paragraph (a) § 5.83 Authority to accept service of of instructions from the General Counsel of this section, that employee shall subpoenas. (or Inspector General), such employee immediately notify the Office of General In all legal proceedings between shall appear in response thereto, Counsel. Employees of the Office of private litigants, a subpoena duces respectfully decline to produce the Inspector General shall notify the tecum or subpoena ad testificandum or record(s) on the ground that it is Inspector General of such demands. The other demand by a court or other prohibited by this section and state that General Counsel (or Inspector General authority for the production of records the demand has been referred for the through designated legal counsel), upon held by FEMA Regional offices or for prompt consideration of the General receipt of such notice and absent waiver the oral or written testimony of FEMA Counsel (or, where appropriate, the of the general prohibition against Regional employees should be Inspector General). employee testimony at his or her addressed to the appropriate Regional (e) Where the release of documents in discretion, shall arrange with the Director listed in § 5.26. For records or response to a subpoena duces tecum is appropriate United States Attorney to testimony of the Office of Inspector authorized by the General Counsel (or, take steps to quash the subpoena or to General, the subpoena should be as to documents maintained by the seek a protective order. addressed to the Inspector General, Office of Inspector General, the (c) If an immediate demand for Federal Emergency Management Inspector General), the official having testimony or disclosure is made that Agency, 500 C Street SW., Washington, custody of the requested records will would preclude prior notice to and DC 20472. For all other records or furnish, upon the request of the party consultation with the General Counsel testimony, the subpoena should be seeking disclosure, authenticated copies (or Inspector General), the employee addressed to the General Counsel, of the documents. No official or shall respectfully request from the Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules 45993 demanding authority a stay in the Dated: July 30, 1998. to determine the effectiveness of a proceedings to allow sufficient time to James L. Witt, bycatch reduction device, or separator obtain advice of counsel. Director. grate, in a GOM whiting small mesh (d) If the court or other authority [FR Doc. 98–22971 Filed 8–27–98; 8:45 am] trawl fishery, MEDMR’s proposal would allow the testing of modifications to the declines to stay the effect of the demand BILLING CODE 6718±01±P in response to a request made in separator grate and the trawl. Proposed modifications of the current gear accordance with paragraph (c) of this include various bar spacing on the section pending consultation with DEPARTMENT OF COMMERCE separator grate, various codend mesh counsel, or if the court or other size, and a raised footrope configuration authority rules that the demand must be National Oceanic and Atmospheric Administration on the otter trawl. complied with irrespective of On July 14, 1998, the Massachusetts instructions not to testify or disclose the 50 CFR Parts 600 and 648 Division of Marine Fisheries (MADMF) information sought, the employee upon [I.D. 081998C] requested the re-authorization of an whom the demand has been made shall experimental fishery for whiting for the respectfully decline to comply with the Magnuson-Stevens Act Provisions; 1998 fishing season. The re- demand, citing these regulations and General Provisions for Domestic authorization of the experiment would United States ex rel. Touhy v. Ragen, Fisheries; Applications for Exempted allow the MADMF to determine 340 U.S. 462 (1951). Fishing Permits (EFPs) to Conduct whether or not the modified gear known § 5.88 Testimony in litigation in which the Experimental Fishing as the ‘‘raised footrope trawl’’ is an United States is a party. appropriate small mesh gear for various AGENCY: National Marine Fisheries areas in the GOM/GB Regulated Mesh (a) Whenever, in any legal proceeding Service (NMFS), National Oceanic and Area that have not been completely where the United States is a party, the Atmospheric Administration (NOAA), analyzed. In addition it would allow attorney in charge of presenting the case Commerce. MADMF and NMFS to consider for the United States requests it, the ACTION: Notification of Two Proposals additional data on the bycatch of General Counsel shall arrange for an for EFPs; request for comments. regulated multispecies in the employee of the Agency to testify as a experimental fishery. witness for the United States. SUMMARY: NMFS issues this notification EFPs would be issued to the to announce that the Regional participating vessels in both projects to (b) The attendance and testimony of Administrator, Northeast Region, NMFS named employees of the Agency may exempt them from possession limit, (Regional Administrator) is considering mesh size, and days-at-sea restrictions not be required in any legal proceeding approval of two experimental fishing by the judge or other presiding officer, of the Northeast Multispecies Fishery proposals that would permit vessels to Management Plan. by subpoena or otherwise. However, the conduct operations otherwise restricted judge or other presiding officer may, by regulations governing the Fisheries of Authority: 16 U.S.C. 1801 et seq. upon a showing of exceptional the Northeastern United States. The Dated: August 21, 1998. circumstances (such as a case in which experimental fisheries would involve Gary C. Matlock, a particular named FEMA employee has fishing for, retention, and landing of Director, Office of Sustainable Fisheries, direct personal knowledge of a material silver hake (whiting) with small mesh in National Marine Fisheries Service. fact not known to the witness made the Gulf of Maine/Georges Bank (GOM/ [FR Doc. 98–23182 Filed 8–27–98; 8:45 am] available by the Agency) require the GB) Regulated Mesh Area. Regulations BILLING CODE 3510±22±F attendance and testimony of named under the Magnuson-Stevens Fisheries FEMA personnel. Conservation and Management Act (Magnuson-Stevens Act) provisions DEPARTMENT OF COMMERCE § 5.89 Waiver. require publication of this notification The General Counsel (or, as to to provide interested parties the National Oceanic and Atmospheric employees of the Office of Inspector opportunity to comment on the Administration General, the Inspector General) may proposed experimental fisheries. 50 CFR Part 648 grant, in writing, a waiver of any policy DATES: Comments must be received by or procedure prescribed by this subpart, September 14, 1998. [I.D. 082098F] where waiver is considered necessary to ADDRESSES: Comments should be sent to promote a significant interest of the Jon Rittgers, Acting Regional New England Fishery Management Agency or for other good cause. In Administrator, NMFS, Northeast Council; Public Meetings granting such waiver, the General Regional Office, 1 Blackburn Drive, AGENCY: National Marine Fisheries Counsel (or Inspector General) shall Gloucester, MA 01930. The envelope Service (NMFS), National Oceanic and attach to the waiver such reasonable should be clearly marked ‘‘Comments Atmospheric Administration (NOAA), conditions and limitations as are on Proposed Experimental Fisheries.’’ Commerce. deemed appropriate in order that a FOR FURTHER INFORMATION CONTACT: ACTION: Public meetings. response in strict compliance with the Peter Christopher, Fishery Management terms of a subpoena duces tecum or the Specialist, 978–281–9288. SUMMARY: The New England Fishery providing of testimony will not interfere SUPPLEMENTARY INFORMATION: The Maine Management Council (Council) is with the duties of the employee and will Department of Marine Resources scheduling a public meeting of its otherwise conform to the policies of this (MEDMR) submitted an application on Herring Committee to be held jointly part. The Director may, in his or her July 1, 1998, to conduct the testing of with the Atlantic States Marine discretion, review any decision to modified trawl gears to supplement an Fisheries Commission’s (ASMFC) authorize a waiver of any policy or existing experimental fishery. While the Herring Section to consider actions procedure prescribed by this subpart. current experimental fishery is designed affecting New England fisheries in the 45994 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Proposed Rules exclusive economic zone (EEZ). Herring Section will review public restricted to those issues specifically Recommendations developed by this hearing comments and select final listed in this notice. group will be brought to the full Council management measures for the Atlantic Special Accommodations for formal consideration and action, if Herring Fishery Management Plan for appropriate. recommendation to the full Council. These meetings are physically DATES: The meeting will be held at 9:30 They will also approve accessible to people with disabilities. a.m. on Tuesday, September 1, 1998. recommendations for the specification Requests for sign language of ABC, OY, DAH, Reserve, DAP, JVP, ADDRESSES: The meeting will be held at interpretation or other auxiliary aids BT, IWP and TACs for the 1999 fishing the Seaport Inn, 110 Middle Street, should be directed to Paul J. Howard year. Fairhaven, MA 02719; telephone: (508) (see ADDRESSES) at least 5 days prior to Although other issues not contained the meeting dates. 997–1281. in this agenda may come before this FOR FURTHER INFORMATION CONTACT: Paul Council for discussion, in accordance Dated: August 21, 1998. J. Howard, Executive Director, New with the Magnuson-Stevens Fishery Gary C. Matlock, England Fishery Management Council; Conservation and Management Act, Director, Office of Sustainable Fisheries, (781) 231–0422. those issues may not be the subject of National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The formal Council action during this [FR Doc. 98–23170 Filed 8–25–98; 12:59 pm] Council Herring Committee and ASMFC meeting. Council action will be BILLING CODE 3510±22±F 45995

Notices Federal Register Vol. 63, No. 167

Friday, August 28, 1998

This section of the FEDERAL REGISTER In the July 16, 1998, Federal Register address listed above for forms and contains documents other than rules or (63 FR 38367), GIPSA announced the information. Applications and other proposed rules that are applicable to the purchase of the former Lima agency by available information will be considered public. Notices of hearings and investigations, Michigan, effective August 1, 1998. in determining which applicant will be committee meetings, agency decisions and GIPSA also announced the amendment designated. rulings, delegations of authority, filing of Official services in the former Lima petitions and applications and agency of Michigan’s designation to provide statements of organization and functions are official inspection services under the area may be obtained by contacting examples of documents appearing in this Act, to include the former Lima, Ohio GIPSA’ Toledo, Ohio, Field Office at section. area, effective August 1, 1998. Michigan 419–259–6276 until an organization is subsequently advised GIPSA that the designated to serve the area. purchase of the Lima agency will not be Authority: Pub. L. 94–582, 90 Stat. 2867, DEPARTMENT OF AGRICULTURE completed. Thus, GIPSA is withdrawing as amended (7 U.S.C. 71 et seq.). the amendment as published in the July Dated: August 20, 1998. Grain Inspection, Packers and 16, 1998, Federal Register. Neil E. Porter, Stockyards Administration Lima voluntarily canceled their Director, Compliance Division. designation effective July 31, 1998. [FR Doc. 98–22954 Filed 8–27–98; 8:45 am] Opportunity for Designation in the Accordingly, GIPSA is asking persons Former Lima (OH) Area interested in providing official services BILLING CODE 3410±EN±P AGENCY: Grain Inspection, Packers and in the former Lima area to submit an Stockyards Administration (GIPSA). application for designation. Pursuant to Section 7(f)(2) of the Act, COMMITTEE FOR PURCHASE FROM ACTION: Notice. the former Lima geographic area, in the PEOPLE WHO ARE BLIND OR SEVERELY DISABLED SUMMARY: The designation of Lima State of Ohio, is as follows: Grain Inspection Services, Inc., (Lima), Bounded on the North by the northern Procurement List; Proposed Additions ended July 31, 1998, at Lima’s request and eastern Williams County lines; the and Deletions in conjunction with the sale of the Lima northern and eastern Defiance County stock to Michigan Grain Inspection lines south to U.S. Route 24; U.S. Route AGENCY: Committee for Purchase From Service, Inc. (Michigan). Michigan, a 24 northeast to State Route 108; People Who Are Blind or Severely designated official agency, subsequently Bounded on the East by State Route Disabled. advised GIPSA that the sale will not be 108 south to Putnam County; the ACTION: Proposed additions to and completed. GIPSA is asking persons northern and eastern Putnam County deletion from Procurement List. interested in providing official services lines; the eastern Allen County line; the SUMMARY: in the former Lima area to submit an northern Hardin County line east to U.S. The Committee has received application for designation. Route 68; U.S. Route 68 south to U.S. proposals to add to the Procurement List commodities and services to be DATES: Applications must be Route 47; Bounded on the South by U.S. Route furnished by nonprofit agencies postmarked or sent by telecopier (FAX) employing persons who are blind or on or before September 28, 1998. 47 west-southwest to Interstate 75 (excluding all of Sidney, Ohio); have other severe disabilities, and to ADDRESSES: Applications must be Interstate 75 south to the Shelby County delete commodities previously submitted to USDA, GIPSA, Janet M. line; the southern and western Shelby furnished by such agencies. Hart, Chief, Review Branch, Compliance County lines; the southern Mercer COMMENTS MUST BE RECEIVED ON OR Division, STOP 3604, Room 1647–S, County line; and BEFORE: September 28, 1998. 1400 Independence Avenue, S.W., Bounded on the West by the Ohio- ADDRESSES: Committee for Purchase Washington, DC 20250–3604. Indiana State line from the southern From People Who Are Blind or Severely Applications may be submitted by FAX Mercer County line to the northern Disabled, Crystal Gateway 3, Suite 310, on 202–690–2755. If an application is Williams County line. 1215 Jefferson Davis Highway, submitted by FAX, GIPSA reserves the The former Lima geographic area does Arlington, Virginia 22202–4302. right to request an original application. not include the following grain elevator FOR FURTHER INFORMATION CONTACT: All applications will be made available inside the former Lima area which has Beverly Milkman (703) 603–7740. for public inspection at this address been and will continue to be serviced by SUPPLEMENTARY INFORMATION: This located at 1400 Independence Avenue, the following official agency: Northeast S.W., during regular business hours. notice is published pursuant to 41 Indiana Grain Inspection, Inc.: E.M.P. U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its FOR FURTHER INFORMATION CONTACT: Grain, Payne, Paulding County. purpose is to provide interested persons Janet M. Hart, telephone 202–720–8525. Interested persons are hereby given an opportunity to submit comments on SUPPLEMENTARY INFORMATION: This the opportunity to apply for designation the possible impact of the proposed action has been reviewed and to provide official services in the actions. determined not to be a rule or regulation geographic area specified above under as defined in Executive Order 12866 the provisions of Section 7(f) of the Act Additions and Departmental Regulation 1512–1; and section 800.196(d) of the If the Committee approves the therefore, the Executive Order and regulations issued thereunder. Persons proposed addition, all entities of the Departmental Regulation do not apply wishing to apply for designation should Federal Government (except as to this action. contact the Compliance Division at the otherwise indicated) will be required to 45996 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices procure the commodities and services Training Center of Burlington County, identify their vessels and intended listed below from nonprofit agencies Mt. Holly, New Jersey. fishing areas. The application employing persons who are blind or Laundry/Dry Cleaning, Fort Polk, information is used to process have other severe disabilities. Louisiana, NPA: Calcasieu applications and maintain a register of I certify that the following action will Association for Retarded Citizens, U.S. vessels authorized to fish on the not have a significant impact on a Lake Charles, Louisiana. high seas. Affected Public: Businesses or other substantial number of small entities. Deletions The major factors considered for this for-profit organizations. certification were: I certify that the following action will Frequency: Every 5 years. 1. The action will not result in any not have a significant impact on a Respondent’s Obligation: Mandatory. additional reporting, recordkeeping or substantial number of small entities. OMB Desk Officer: David Rostker, other compliance requirements for small The major factors considered for this (202) 395–3897. entities other than the small certification were: Copies of the above information organizations that will furnish the 1. The action will not result in any collection proposal can be obtained by commodities and services to the additional reporting, recordkeeping or calling or writing Linda Engelmeier, Government. other compliance requirements for small DOC Forms Clearance Officer, (202) 2. The action does not appear to have entities. 482–3272, Department of Commerce, a severe economic impact on current 2. The action does not appear to have Room 5327, 14th and Constitution contractors for the commodities and a severe economic impact on future Avenue, NW, Washington, DC 20230. services. contractors for the commodities. Written comments and 3. The action will result in 3. The action will result in recommendations for the proposed authorizing small entities to furnish the authorizing small entities to furnish the information collection should be sent commodities to the Government. commodities and services to the within 30 days of publication of this 4. There are no known regulatory Government. notice to David Rostker, OMB Desk alternatives which would accomplish Officer, Room 10202, New Executive 4. There are no known regulatory the objectives of the Javits-Wagner- alternatives which would accomplish Office Building, 725 17th Street, NW, O’Day Act (41 U.S.C. 46–48c) in Washington, DC 20503. the objectives of the Javits-Wagner- connection with the commodities Dated: August 24, 1998. O’Day Act (41 U.S.C. 46–48c) in proposed for deletion from the connection with the commodities and Procurement List. Linda Engelmeier, services proposed for addition to the The following commodities have been Departmental Forms Clearance Officer, Office Procurement List. Comments on this proposed for deletion from the of the Chief Information Officer. certification are invited. Commenters Procurement List: [FR Doc. 98–23156 Filed 8–27–98; 8:45 am] should identify the statement(s) BILLING CODE 3510±22±P underlying the certification on which Curtain, Blackout, 7230–01–136–7054 7230–00–997–1488 they are providing additional information. Beverly L. Milkman, DEPARTMENT OF COMMERCE The following commodities and Executive Director. services have been proposed for [FR Doc. 98–23231 Filed 8–27–98; 8:45 am] Submission for OMB Review; addition to Procurement List for BILLING CODE 6353±01±P Comment Request production by the nonprofit agencies The Department of Commerce (DOC) listed: has submitted to the Office of DEPARTMENT OF COMMERCE Commodities Management and Budget (OMB) for clearance the following proposal for Executive Twist Pen Shipper, M.R. 009, Submission for OMB Review; Comment Request collection of information under the NPA: Industries for the Blind, Inc., provisions of the Paperwork Reduction Milwaukee, Wisconsin. The Department of Commerce (DOC) Act (44 U.S.C. Chapter 35). Drinking Straws, M.R. 1602—Neon Flex has submitted to the Office of Agency: Patent and Trademark Office Straws, M.R. 1603—Striped Flex Management and Budget (OMB) for (PTO). Straws, NPA: The Oklahoma League clearance the following proposal for Title: Patent Term Extension. for the Blind, Oklahoma City, collection of information under the Form Numbers: No Forms Associated. Oklahoma. provisions of the Paperwork Reduction Agency Approval Number: 0651– Rag, Wiping, 7920–01–454–1147, NPA: Act (44 USC Chapter 35). 0020. Winston-Salem Industries for the Agency: National Oceanic and Type of Request: Extension of a Blind, Winston-Salem, North Atmospheric Administration (NOAA). currently approved collection. Carolina. Title: High Seas Fishing Permit Burden: 1,302 hours. Bag, Contamination, 8105–01–352– Application Information. Number of Respondents: 57. 1392, 8105–01–352–1393, 8105–01– Agency Form Number(s): None. Avg. Hours Per Response: The PTO 352–1394, NPA: Portland Habilitation OMB Approval Number: 0648–0304. estimates that it will take between one Center, Inc., Portland, Oregon. Type of Request: Extension of a and 25 hours, depending on the complexity of the situation, to gather, Services currently approved collection. Burden: 100 hours. prepare, and submit the applications, Commissary Shelf Stocking, Custodial & Number of Respondents: 200. petitions, and requests associated with Warehousing, MacDill Air Force Base, Avg. Hours Per Response: 30 minutes. patent term extensions. Florida, NPA: Jobworks, Inc., St. Needs and Uses: United States vessels Needs and Uses: The information Petersburg, Florida. that fish on the high seas are required supplied to the PTO by an applicant Janitorial/Custodial, U.S. Army Reserve to possess a permit issued under the seeking a patent term extension is used NCO Academy, Building 5516, Fort High Seas Fishing Compliance Act. by the Patent and Trademark Office, the Dix, New Jersey, NPA: Occupational Applicants must submit information to Department of Health and Human Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 45997

Services, and the Department of Avg. Hours Per Response: 80 hours for purpose subzone status for the Agriculture to determine the eligibility permits; 30 minutes for certificates; 8 consumer goods distribution facility of of a patent for extension and to hours for permit reports; and, 10 hours Rauch Industries, Inc., located in Mira determine the period of any such for watershed plans. Loma, California. The application was extension. The applicant can apply for Needs and Uses: The Endangered submitted pursuant to the provisions of patent term and interim extensions, Species Act (ESA) prohibits the taking the Foreign-Trade Zones Act, as petition the PTO to review final of endangered species. Section 10 of the amended (19 U.S.C. 81a-81u), and the eligibility decisions, and withdraw ESA allows for certain exceptions to the regulations of the Board (15 CFR part patent term extensions. If there are prohibitions, such as a taking that 400). It was formally filed on August 20, multiple patents, the applicant can would be incidental to an otherwise 1998. designate which patents should be lawful activity. The corresponding The Rauch facility (880,000 sq. ft. on extended. An applicant can also declare regulations provide application and 42 acres) is located at 11640 Harrell their eligibility to apply for a patent reporting requirements for such Street, Mira Loma, California, some 50 term extension. exemptions. The required information is miles northeast of Long Beach. The Affected Public: Individuals or used to evaluate the proposed activity facility (56 employees) is used for households, businesses or other for- (application) and ongoing activities storage, inspection, packaging and profit, not-for-profit institutions, farms, (reports) and is necessary for the distribution of a wide variety of federal government, and state, local, or National Marine Fisheries Service to consumer products such as table top, tribal governments. ensure the conservation of the species giftware and decorative accessories, Frequency: On occasion. under the ESA. seasonal products, flatware, Respondent’s Obligation: Required to Affected Public: Individuals, hollowware, picture frames and photo obtain or retain benefits. businesses or other for-profit albums, glassware, woodenware, OMB Desk Officer: Maya A. Bernstein, organizations, not-for-profit institutions, ceramics, housewares, basket work, (202) 395–3785. state, local or tribal government. decorative textile items such as wall Copies of the above information Frequency: On occasion. hangings and banners, music boxes, and collection proposal can be obtained by Respondent’s Obligation: Required to jewelry. Plant activity also includes the calling or writing Linda Engelmeier, obtain or retain benefits. occasional packaging or assembly of DOC Forms Clearance Officer, (202) OMB Desk Officer: David Rostker, products into kits, but no authority is 482–3272, Department of Commerce, (202) 395–3897. being sought for activity conducted Room 5327, 14th and Constitution Copies of the above information under FTZ procedures that would result Avenue, NW, Washington, DC 20230. collection proposal can be obtained by in a change in tariff classification. Written comments and calling or writing Linda Engelmeier, Zone procedures would exempt recommendations for the proposed DOC Forms Clearance Officer, (202) Rauch from Customs duty payments on information collection should be sent 482–3272, Department of Commerce, foreign products that are reexported. On within 30 days of publication to Maya Room 5327, 14th and Constitution its domestic sales, the company would A. Bernstein, OMB Desk Officer, Room Avenue, NW, Washington, DC 20230. be able to defer duty payments until 10236, New Executive Office Building, Written comments and merchandise is shipped from the plant. 725 17th Street, N.W., Washington, D.C. recommendations for the proposed The application indicates that the 20503. information collection should be sent savings from zone procedures would Dated: August 24, 1998. within 30 days of publication of this help improve the plant’s international Linda Engelmeier, notice to David Rostker, OMB Desk competitiveness. Departmental Forms Clearance Officer, Office Officer, Room 10202, New Executive In accordance with the Board’s of the Chief Information Officer. Office Building, 725 17th Street, NW, regulations, a member of the FTZ staff [FR Doc. 98–23157 Filed 8–27–98; 8:45 am] Washington, DC 20503. has been appointed examiner to BILLING CODE 3510±16±P Dated: August 24, 1998. investigate the application and report to Linda Engelmeier, the Board. Public comment is invited from Departmental Forms Clearance Officer, Office DEPARTMENT OF COMMERCE of the Chief Information Officer. interested parties. Submissions (original and 3 copies) shall be addressed to the [FR Doc. 98–23158 Filed 8–27–98; 8:45 am] Submission for OMB Review; Board’s Executive Secretary at the Comment Request BILLING CODE 3510±22±P address below. The closing period for their receipt is October 27, 1998. The Department of Commerce (DOC) Rebuttal comments in response to has submitted to the Office of DEPARTMENT OF COMMERCE material submitted during the foregoing Management and Budget (OMB) for period may be submitted during the clearance the following proposal for Foreign-Trade Zones Board subsequent 15-day period (to November collection of information under the [Docket 41±98] 12, 1998). provisions of the Paperwork Reduction A copy of the application and Act (44 USC Chapter 35). Foreign-Trade Zone 50ÐLong Beach, accompanying exhibits will be available Agency: National Oceanic and California Application for Subzone Atmospheric Administration (NOAA). for public inspection at each of the Status Rauch Industries, Inc. following locations: Title: Permits for Incidental Taking of (Distribution of Consumer Goods) Mira Endangered or Threatened Species. Loma, California U.S. Department of Commerce Export Agency Form Number(s): None. Assistance Center, US&FCS Acting OMB Approval Number: 0648–0230. An application has been submitted to Director—Mary Delmege, One World Type of Request: Extension of a the Foreign-Trade Zones Board (the Trade Center, #1670, Long Beach, currently approved collection. Board) by the Board of Harbor California 90831 Burden: 1,068 hours. Commissioners, Port of Long Beach, Office of the Executive Secretary, Number of Respondents: 21. grantee of FTZ 50, requesting special- Foreign-Trade Zones Board, Room 45998 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

3716, U.S. Department of Commerce, privately owned developments. Nevada Scope of the Review 14th & Pennsylvania Avenue, N.W., Foreign Trade Services will be the FTZ The products covered by this Washington, D.C. 20230. operator of the sites. No specific administrative review are certain Dated: August 19, 1998. manufacturing requests are being made stainless steel wire rods (SSWR), Dennis Puccinelli, at this time. Such requests would be products which are hot-rolled or hot- made to the Board on a case-by-case Acting Executive Secretary. rolled annealed, and/or pickled rounds, basis. [FR Doc. 98–23236 Filed 8–27–98; 8:45 am] squares, octagons, hexagons, or other In accordance with the Board’s BILLING CODE 3510±DS±P shapes, in coils. SSWR are made of alloy regulations, a member of the FTZ Staff steels containing, by weight, 1.2 percent has been designated examiner to or less of carbon and 10.5 percent or DEPARTMENT OF COMMERCE investigate the application and report to more of chromium, with or without the Board. other elements. These products are only Foreign-Trade Zones Board Public comment on the application is manufactured by hot-rolling, are invited from interested parties. [Docket 40±98] normally sold in coiled form, and are of Submissions (original and 3 copies) solid cross section. The majority of Foreign-Trade Zone 126ÐReno/ shall be addressed to the Board’s SSWR sold in the United States is round Sparks, Nevada Area Application for Executive Secretary at the address in cross-sectional shape, annealed, and Expansion below. The closing period for their pickled. The most common size is 5.5 receipt is October 27, 1998. Rebuttal millimeters in diameter. An application has been submitted to comments in response to material The SSWR subject to this review is the Foreign-Trade Zones (FTZ) Board submitted during the foregoing period currently classifiable under subheadings (the Board) by the Economic may be submitted during the subsequent 7221.00.0005, 7221.00.0015, Development Authority of Western 15-day period (to November 12, 1998). 7221.00.0020, 7221.00.0030, Nevada, grantee of FTZ 126, requesting A copy of the application and 7221.00.0040, 7221.00.0045, authority to expand its zone in the accompanying exhibits will be available 7221.00.0060, 7221.00.0075, and Reno/Sparks area, within the Reno for public inspection at each of the 7221.00.0080 of the Harmonized Tariff Customs port of entry. The application following locations: Schedule of the United States (HTSUS). was submitted pursuant to the U.S. Department of Commerce, Export Although the HTSUS subheadings are provisions of the FTZ Act, as amended Assistance Office, 1755 East Plumb provided for convenience and Customs (19 U.S.C. 81a-81u), and the regulations Lane, Room 152, Reno, NV 89502 purposes, our written description of the of the Board (15 CFR Part 400). It was Office of the Executive Secretary, scope of the order is dispositive. formally filed on August 17, 1998. Foreign-Trade Zones Board, Room Amendment of Final Results FTZ 126 was approved on April 4, 3716, U.S. Department of Commerce, 1986 (Board Order 328, 51 FR 12904, 4/ 14th & Pennsylvania Avenue, NW, On June 3, 1998, the Department of 16/86) and expanded on February 25, Washington, DC 20230. Commerce (the Department) published 1997 (Board Order 872, 62 FR 10520, 3/ the final results of the administrative 7/97). The general-purpose zone Dated: August 20, 1998. review of the antidumping duty order currently consists of three sites: Site 1 Dennis Puccinelli, on certain stainless steel wire rods from (15 acres) located on Spice Island Drive Acting Executive Secretary. France (63 FR 30185). This review near the Reno International Airport, [FR Doc. 98–23237 Filed 8–27–98; 8:45 am] covered Imphy S.A., and Ugine-Savoie, Sparks; Site 2 (9 acres, 482,000 sq. ft.) BILLING CODE 3510±DS±P two manufacturers/exporters of the located at 450–475 Lillard Drive, subject merchandise to the United Sparks; and, Site 3 (30 acres) consists of States. The period of review (POR) is a warehouse complex with four related, DEPARTMENT OF COMMERCE January 1, 1996, through December 31, but noncontiguous sites in Reno. 1996. The applicant, in a major revision to International Trade Administration On June 5, 1998, we received a its zone plan, now requests authority to submission from Imphy, S.A. and expand the general-purpose zone to [A±427±811] Ugine-Savoie, and their affiliated United include 4 new sites (17,183 acres) in the States entities, Metalimphy Alloys Corp. Reno/Sparks area: Proposed Site 4 Certain Stainless Steel Wire Rods and Techalloy Company (collectively (4,646 acres)—Nevada Pacific Industrial From France: Amended Final Results ‘‘respondents’’) alleging clerical errors Park, Nevada Pacific Parkway & East of Antidumping Duty Administrative in the final results of this third Newlands Drive, Fernley; Proposed Site Review administrative review of the 5 (5,000 acres)—Asamera Ranch antidumping duty order on certain AGENCY: Import Administration, Industrial Center, Waltham Way Bridge stainless steel wire rods from France. International Trade Administration, and the Patrick Exit, Sparks; Proposed On June 8, 1998, counsel for the Department of Commerce. Site 6 (2,176 acres)—Reno-Tahoe petitioning companies, Al Tech International Airport, Reno; and, EFFECTIVE DATE: August 28, 1998. Specialty Steel Corp., Armco Stainless & Proposed Site 7 (5,361 acres)—Reno- FOR FURTHER INFORMATION CONTACT: Alloy Products, Carpenter Technology Stead Airport (a converted military Robert Bolling or Stephen Jacques, AD/ Corp., Republic Engineered Steels, base), 10 miles north of the Reno-Tahoe CVD Enforcement Group III, Office 9, Talley Metals Technology, Inc., United International Airport, Reno. Proposed Import Administration, International Steelworkers of America, and AFL-CIO/ Site 4 is owned by Wade/Fernley, L.P. Trade Administration, U.S. Department CLC (collectively ‘‘petitioners’’) filed and the Dermody Properties Operating of Commerce, 14th Street and allegations of clerical errors. Partnership and Proposed Site 5 is Constitution Avenue, N.W., Respondents submitted rebuttal owned by Asamera Minerals (U.S.) Inc. Washington, DC 20230; telephone: (202) comments on June 15, 1998. The Proposed Sites 6 and 7 are primarily 482–3434 or (202) 482–1391, allegations and rebuttal comments were publicly owned with some adjacent respectively. filed in a timely fashion. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 45999

Comment 1: Respondents allege that Second, petitioners state that the program to recalculate credit expenses the Department committed one Department intended to recalculate U.S. for certain sales through Techalloy. For ministerial error in the final results of credit expenses for sales with missing the computer code we used to correct administrative review. Respondents payment dates. Petitioners argue that this ministerial error, please see the stated that the Department determined the Department’s computer program did Amended Final Calculation in its final results that it agreed with not include language to recalculate Memorandum. petitioners and corrected its preliminary these credit expenses for certain CEP With respect to indirect selling results model match program, which and CEP/FM sales through Techalloy. expenses, we agree with petitioners and had incorrectly excluded certain U.S. Respondents state that they do not have corrected our margin calculation sales that entered the United States object to the correction proposed by program to include the variable outside the POR. Respondents note that petitioners. INDEXUS in the calculation of CEPSELL they did not disagree with petitioners’ Lastly, petitioners state that the for CEP and CEP/FM sales. For the argument concerning the model match Department calculated total selling computer code we used to correct this program. However, respondents argue expenses for respondents’ CEP and CEP/ ministerial error, please see the that the Department’s correction created FM sales (CEPSELL), and then applied Amended Final Calculation a new error by excluding from the the CEP profit ratio (CEPRATIO) to Memorandum. CEPSELL to obtain the amount of CEP model match program certain sales that Amended Final Results of Review entered during the POR but were sold profit that is deducted from a before the POR. Petitioners did not respondent’s reported U.S. gross unit As a result of our review and the respond to respondents’ claim. price. Petitioners argue that under the correction of the ministerial errors Department’s normal practice, the described above, we have determined Department’s Position: After a review that the following margins exist: of respondents’ allegations, we agree variable CEPSELL should include all selling expenses, direct or indirect, with respondents and have corrected Margin our model match program to include the incurred for CEP sales. Petitioners Manufac- turer/exporter Time period (per- missing sales in the model match contend that the Department’s final cent) program. For the computer code we margin calculation program incorrectly used to correct this ministerial error, removed the variable INDEXUS that Imphy/Ugine- Savoie ...... 1/1/96±12/31/96 7.10 please see the Memorandum from contained respondents’ reported indirect selling expenses incurred in the Robert A. Bolling to Edward Yang dated United States for their CEP and CEP/FM The Department shall determine, and July 1, 1998 (‘‘Amended Final sales from the calculation of CEPSELL. the Customs Service shall assess, Calculation Memorandum’’), a public Finally, petitioners argue that the antidumping duties on all appropriate version of which is available in the removal of these indirect selling entries. Individual differences between Central Records Unit, Room B–099 of expenses from CEPSELL understated United States price and normal value the Department of Commerce building, respondents’ reported total selling may vary from the percentages stated 14th Street and Constitution Ave, N.W., expenses incurred for their U.S. CEP above. The Department will issue Washington, D.C. and CEP/FM sales which consequently appraisement instructions directly to Comment 2: Petitioners allege that the understated the amount of CEP profit. the Customs Service. The amended final Department made several ministerial Respondents state that they do not results of this review shall be the basis errors. First, petitioners state that, in the object to the correction proposed by for the assessment of antidumping final results, the Department attempted petitioners. duties on entries of merchandise to correct calculation errors concerning Department’s Position: With respect covered by this review. For duty home market credit expenses with to home market credit expenses, we assessment purposes, we calculated an missing shipment and payment dates. disagree with petitioners. In the importer-specific assessment rate by Petitioners argue that the Department’s preliminary results, we attempted to aggregating the dumping margins revised programming language failed to calculate home market credit expenses calculated for all U.S. sales to each correct these errors in the recalculation for sales with missing shipment and importer and dividing this amount by of home market credit. Petitioners note payment dates. Respondents the total value of subject merchandise that the Department’s recalculation commented that this calculation was entered during the POR for each resulted in abnormally high credit erroneous because of two programming importer. expenses and negative net home market errors in the calculation. In the final Furthermore, the following deposit prices when home market sales did not results, we corrected these errors requirements will be effective, upon have a payment date but did have a through programming language different publication of this notice of amended shipment date. Petitioners argue that the from that suggested by respondents. final results of review for all shipments inclusion of home market sales with Petitioners allege that these corrections of certain stainless steel wire rods from negative net prices understated normal are erroneous because they result in France entered, or withdrawn from value that was compared to U.S. prices abnormally high credit expenses for warehouse, for consumption on or after and distorted the final margin analysis. some sales. Petitioners, however, have the publication date, as provided for by Petitioners argue that the Department failed to point to any specific section 751(a)(1) of the Act: (1) The cash should revise its model match program programming language which is in deposit rates for the reviewed to correct these errors. Petitioners error, and the mere allegation that companies will be the rates for those propose that the Department rely on certain calculated expenses are too high firms as stated above; (2) for previously information reported by the respondents is insufficient for finding a ministerial investigated companies not listed above, for its home market credit expenses to error. For a complete explanation, the cash deposit rate will continue to be avoid further confusion related to please see the Amended Final the company-specific rate published for recalculation of these home market Calculation Memorandum. the most recent period; (3) if the credit expenses. Respondents stated that With respect to U.S. credit expenses, exporter is not a firm covered in this they do not object to the correction we agree with petitioners and have review, or the original investigation, but proposed by petitioners. corrected our margin calculation the manufacturer is, the cash deposit 46000 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices rate will be the rate established for the SUMMARY: The Gulf of Mexico Fishery a presentation from NMFS on the most recent period for the manufacturer Management Council will convene effectiveness of shrimp trawl bycatch of the merchandise; and (4) the cash public meetings of the Reef Fish reduction devices (BRDs) with respect deposit rate for all other manufacturers Advisory Panel (AP) and the Standing to reducing juvenile red snapper or exporters will continue to be 24.51 and Special Reef Fish Scientific and bycatch mortality. The results of the percent for stainless steel wire rods, the Statistical Committee (SSC). NMFS BRD study will be a major factor all others rate established in the LTFV DATES: The meeting of the Reef Fish AP in the decision by NMFS on whether to investigations. See Amended Final will begin at 8:30 a.m. on Tuesday, release additional red snapper TAC in Determination and Antidumping Duty September 8, 1998, and conclude by 1998. Order: Certain Stainless Steel Wire Rods 4:00 p.m. The Standing and Special Reef Although other issues not on the from France (59 FR 4022, January 28, Fish SSC will begin at 8:30 a.m. on agenda may come before the panels for 1994). Wednesday, September 9, 1998, and discussion, in accordance with the These deposit requirements, when conclude by 12:00 noon. A meeting of Magnuson-Stevens Fishery imposed, shall remain in effect until the Standing SSC will begin at 1:30 p.m. Conservation and Management Act, publication of the final results of the on Wednesday, September 9, 1998, and those issues may not be the subject of next administrative review. conclude by 12:00 noon on Thursday, formal action during this meeting. This notice serves as a final reminder September 10, 1998. Actions will be restricted to those issues to importers of their responsibility ADDRESSES: The meeting will be held at specifically identified in the agenda under 19 CFR 353.26 to file a certificate the Crowne Plaza New Orleans, 333 listed as available by this notice. regarding the reimbursement of Poydras Street, New Orleans, LA 70130; Special Accommodations antidumping duties prior to liquidation telephone: 504–525–9444. of the relevant entries during this Council address: Gulf of Mexico These meetings are physically review period. Failure to comply with Fishery Management Council, 3018 U.S. accessible to people with disabilities. this requirement could result in the Highway 301 North, Suite 1000, Tampa, Requests for sign language Secretary’s presumption that Florida, 33619. interpretation or other auxiliary aids reimbursement of antidumping duties FOR FURTHER INFORMATION CONTACT: should be directed to Anne Alford at the occurred and the subsequent assessment Steven Atran, Population Dynamics Council (see ADDRESSES) by September of double antidumping duties. Statistician, Gulf of Mexico Fishery 1, 1998. This notice also serves as a reminder Management Council; telephone: 813– Dated: August 21, 1998. to parties subject to administrative 228–2815. protective order (APO) of their Gary C. Matlock, SUPPLEMENTARY INFORMATION: The AP, responsibility concerning the Director, Office of Sustainable Fisheries, consisting of recreational and disposition of proprietary information National Marine Fisheries Service. commercial fishermen, will review disclosed under APO in accordance [FR Doc. 98–23184 Filed 8–27–98; 8:45 am] stock assessments of gag and vermilion with section 353.34(d) of the BILLING CODE 3510±22±F snapper that were prepared by the Department’s regulations. Timely NMFS and reports from the Council’s notification of return/destruction of Reef Fish Stock Assessment Panel and APO materials or conversion to judicial DEPARTMENT OF COMMERCE Socioeconomic Panel that include protective order is hereby requested. biological, social, and economic National Oceanic and Atmospheric Failure to comply with the regulations information related to the range of Administration and the terms of an APO is a acceptable biological catch (ABC). Based sanctionable violation. This administrative review and notice on these reports, the AP may [I.D. 082098E] are in accordance with section 751(a)(1) recommend levels of total allowable North Pacific Fishery Management of the Act (19 U.S.C. 1675(a)(1)) and 19 catch (TAC) for these species and Council; Public Meeting CFR 353.22. appropriate management measures. The Standing and Special Reef Fish Dated: August 20, 1998. SSC, consisting of economists, AGENCY: National Marine Fisheries Joseph A. Spetrini, biologists, sociologists, and natural Service (NMFS), National Oceanic and Acting Assistant Secretary for Import resource attorneys, will also review the Atmospheric Administration (NOAA), Administration. above reports, comment on their Commerce. [FR Doc. 98–23235 Filed 8–27–98; 8:45 am] scientific adequacy, and may make ACTION: Notice of public meeting. BILLING CODE 3510±DS±P recommendations regarding TAC and management measures. In addition, the SUMMARY: The North Pacific Fishery Standing SSC will review a report of an Management Council’s (Council) Gulf of DEPARTMENT OF COMMERCE Ad Hoc Finfish Stock Assessment Panel Alaska (GOA) and Bering Sea/Aleutian on additional alternatives for potential Islands (BSAI) Groundfish Plan Teams National Oceanic and Atmospheric proxies for maximum sustainable yield will meet in Seattle, WA. Administration (MSY) for at least red snapper, king DATES: The meetings will be held [I.D. 082098J] mackerel, and red drum. The Standing September 15–18, 1998, beginning at SSC will also consider the feasibility of 8:00 a.m. on Tuesday, September 15. Gulf of Mexico Fishery Management using the ratio of natural mortality rate ADDRESSES: The meetings will be held Council; Public Meeting to growth rate (the M/K ratio) as a basis in Room 2079, Building 4, Alaska AGENCY: National Marine Fisheries for setting the appropriate level of Fisheries Science Center, 7600 Sand Service (NMFS), National Oceanic and spawning potential ratio (SPR) that Point Way NE, Seattle, WA. Atmospheric Administration (NOAA), should be used as a proxy for MSY. Council address: North Pacific Commerce. Generation times for jewfish and Nassau Fishery Management Council, 605 W. grouper may also be considered. In 4th Ave., Suite 306, Anchorage, AK ACTION: Notice of public meeting. addition, the Standing SSC will review 99501–2252. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46001

FOR FURTHER INFORMATION CONTACT: status of these limits, refer to the Quota GALs for the following categories are being Dave Witherell or Jane DiCosimo, Status Reports posted on the bulletin increased: Phone: 907–271–2809. boards of each Customs port or call (202) 927–5850. For information on Guaranteed access SUPPLEMENTARY INFORMATION: The Category level agenda for the meeting will include the embargoes and quota re-openings, call following subjects: (202) 482–3715. 338/638 ...... 7,150,000 dozen. 1. Review available stock assessments SUPPLEMENTARY INFORMATION: 347/348/647/648 ...... 10,550,000 dozen. and catch statistics and prepare Authority: Section 204 of the Agricultural preliminary stock assessment Act of 1956, as amended (7 U.S.C. 1854); The Committee for the Implementation of documents, including economic and Executive Order 11651 of March 3, 1972, as Textile Agreements has determined that ecosystem considerations, for the 1999 amended. these actions fall within the foreign affairs groundfish fisheries in the GOA and exception of the rulemaking provisions of 5 The current limits for Categories 339/ U.S.C. 553(a)(1). BSAI. 639 and 347/348/647/648 are being Sincerely, 2. Review proposals for amendments increased for carryforward. J. Hayden Boyd, to the groundfish fishery management Upon the request of the Government plans and develop recommendations for Acting Chairman, Committee for the of the Dominican Republic, the U.S. Implementation of Textile Agreements. the Council. Government has agreed to increase the [FR Doc. 98–23213 Filed 8–27–98; 8:45 am] Although other issues not contained current Guaranteed Access Levels for in this agenda may come before these textile products in Categories 338/638 BILLING CODE 3510±DR±F groups for discussion, in accordance and 347/348/647/648. with the Magnuson-Stevens Fishery A description of the textile and COMMITTEE FOR THE Conservaton and Management Act, apparel categories in terms of HTS those issues may not be the subject of IMPLEMENTATION OF TEXTILE numbers is available in the AGREEMENTS formal action during this meeting. CORRELATION: Textile and Apparel Action will be restricted to those issues Categories with the Harmonized Tariff Adjustment of Import Limits for Certain specifically listed in this notice. Schedule of the United States (see Cotton and Man-Made Fiber Textile Special Accommodations Federal Register notice 62 FR 66057, Products Produced or Manufactured in published on December 17, 1997). Also India These meetings are physically see 62 FR 67622, published on accessible to people with disabilities. December 29, 1997. August 25, 1998. Requests for sign language J. Hayden Boyd, AGENCY: interpretation or other auxiliary aids Committee for the Acting Chairman, Committee for the Implementation of Textile Agreements should be directed to Helen Allen, 907– Implementation of Textile Agreements. 271–2809, at least 5 working days prior (CITA). Committee for the Implementation of Textile to the meeting date. ACTION: Issuing a directive to the Agreements Dated: August 21, 1998. Commissioner of Customs adjusting August 24, 1998. limits. Gary C. Matlock, Commissioner of Customs, Director, Office of Sustainable Fisheries, Department of the Treasury, Washington, DC EFFECTIVE DATE: National Marine Fisheries Service. 20229. August 31, 1998. [FR Doc. 98–23183 Filed 8–27–98; 8:45 am] Dear Commissioner: This directive FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510±22±F amends, but does not cancel, the directive Janet Heinzen, International Trade issued to you on December 19, 1997, by the Specialist, Office of Textiles and Chairman, Committee for the Implementation Apparel, U.S. Department of Commerce, of Textile Agreements. That directive COMMITTEE FOR THE concerns imports of certain cotton, wool and (202) 482–4212. For information on the IMPLEMENTATION OF TEXTILE man-made fiber textile products, produced or quota status of these limits, refer to the AGREEMENTS manufactured in the Dominican Republic Quota Status Reports posted on the and exported during the twelve-month bulletin boards of each Customs port or Adjustment of Import Limits and period which began on January 1, 1998 and call (202) 927–5850. For information on Increase of Guaranteed Access Levels extends through December 31, 1998. embargoes and quota re-openings, call for Certain Cotton and Man-Made Fiber Effective on August 31, 1998, you are (202) 482–3715. Textile Products Produced or directed to increase the current limits for the Manufactured in the Dominican following categories, as provided for under SUPPLEMENTARY INFORMATION: Republic the Uruguay Round Agreement on Textiles Authority: Section 204 of the Agricultural and Clothing: Act of 1956, as amended (7 U.S.C. 1854); August 24, 1998. Executive Order 11651 of March 3, 1972, as AGENCY: Committee for the Category Adjusted twelve-month amended. limit 1 Implementation of Textile Agreements The current limits for certain (CITA). 339/639 ...... 1,092,096 dozen. categories are being adjusted, variously, ACTION: Issuing a directive to the 347/348/647/648 ...... 2,415,244 dozen of for swing and carryover. Commissioner of Customs increasing which not more than limits and guaranteed access levels. 1,148,820 dozen A description of the textile and shall be in Cat- apparel categories in terms of HTS EFFECTIVE DATE: August 31, 1998. egories 647/648. numbers is available in the FOR FURTHER INFORMATION CONTACT: Roy 1 The limits have not been adjusted to ac- CORRELATION: Textile and Apparel Unger, International Trade Specialist, count for any imports exported after December Categories with the Harmonized Tariff Office of Textiles and Apparel, U.S. 31, 1997. Schedule of the United States (see Department of Commerce, (202) 482– The Guaranteed Access Level (GAL) for Federal Register notice 62 FR 66057, 4212. For information on the quota Categories 339/639 remains unchanged. The published on December 17, 1997). Also 46002 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices see 62 FR 67831, published on FOR FURTHER INFORMATION CONTACT: exception to the rulemaking provisions of 5 December 30, 1997. Janet Heinzen, International Trade U.S.C. 553(a)(1). Sincerely, J. Hayden Boyd, Specialist, Office of Textiles and J. Hayden Boyd, Acting Chairman, Committee for the Apparel, U.S. Department of Commerce, Implementation of Textile Agreements. (202) 482–4212. For information on the Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile quota status of these limits, refer to the [FR Doc. 98–23214 Filed 8–27–98; 8:45 am] Agreements Quota Status Reports posted on the August 25, 1998. bulletin boards of each Customs port or BILLING CODE 3510±DR±M Commissioner of Customs, call (202) 927–5850. For information on embargoes and quota re-openings, call Department of the Treasury, Washington, DC COMMITTEE FOR THE 20229. (202) 482–3715. IMPLEMENTATION OF TEXTILE Dear Commissioner: This directive SUPPLEMENTARY INFORMATION: AGREEMENTS amends, but does not cancel, the directive Authority: Section 204 of the Agricultural issued to you on December 22, 1997, by the Act of 1956, as amended (7 U.S.C. 1854); Chairman, Committee for the Implementation Adjustment of Import Limits for Certain Executive Order 11651 of March 3, 1972, as Cotton and Man-Made Fiber Textile of Textile Agreements. That directive amended. concerns imports of certain cotton, man– Products Produced or Manufactured in made fiber, silk blend and other vegetable The current limits for certain Qatar fiber textiles and textile products, produced categories are being adjusted, variously, or manufactured in India and exported for swing, special shift, and cancellation August 24, 1998. during the twelve-month period which began of carryforward previously applied. AGENCY: Committee for the on January 1, 1998 and extends through A description of the textile and Implementation of Textile Agreements December 31, 1998. apparel categories in terms of HTS (CITA). Effective on August 31, 1998, you are numbers is available in the ACTION: Issuing a directive to the directed to adjust the limits for the following Commissioner of Customs adjusting categories, as provided for under the Uruguay CORRELATION: Textile and Apparel Round Agreement on Textiles and Clothing: Categories with the Harmonized Tariff limits. Schedule of the United States (see EFFECTIVE DATE: August 31, 1998. Adjusted twelve-month Federal Register notice 62 FR 66057, Category FOR FURTHER INFORMATION CONTACT: limit 1 published on December 17, 1997). Also Janet Heinzen, International Trade see 62 FR 67627, published on Specialist, Office of Textiles and Levels in Group I December 29, 1997. 336/636 ...... 985,414 dozen. Apparel, U.S. Department of Commerce, 342/642 ...... 1,107,836 dozen. J. Hayden Boyd, (202) 482–4212. For information on the 345 ...... 195,003 dozen. Acting Chairman, Committee for the quota status of these limits, refer to the 347/348 ...... 689,230 dozen. Implementation of Textile Agreements. Quota Status Reports posted on the 351/651 ...... 300,928 dozen. Committee for the Implementation of Textile 647/648 ...... 769,551 dozen. bulletin boards of each Customs port or Agreements call (202) 927–5850. For information on 1 The limits have not been adjusted to ac- August 24, 1998. embargoes and quota re-openings, call count for any imports exported after December Commissioner of Customs, (202) 482–3715. 31, 1997. Department of the Treasury, Washington, DC SUPPLEMENTARY INFORMATION: The Committee for the Implementation of 20229. Textile Agreements has determined that Authority: Section 204 of the Agricultural Dear Commissioner: This directive Act of 1956, as amended (7 U.S.C. 1854); these actions fall within the foreign affairs amends, but does not cancel, the directive exception to the rulemaking provisions of 5 Executive Order 11651 of March 3, 1972, as issued to you on December 19, 1997, by the amended. U.S.C. 553(a)(1). Chairman, Committee for the Implementation Sincerely, of Textile Agreements. That directive The current limit for Categories 347/ J. Hayden Boyd, concerns imports of certain cotton and man- 348 is being increased for swing and Acting Chairman, Committee for the made fiber silk blend and other vegetable carryforward, reducing the limit for Implementation of Textile Agreements. fiber textile products, produced or Categories 341/641 to account for the [FR Doc. 98–23217 Filed 8–27–98; 8:45 am] manufactured in Oman and exported during swing being applied. the twelve-month period which began on BILLING CODE 3510±DR±F. A description of the textile and January 1, 1998 and extends through apparel categories in terms of HTS December 31, 1998. Effective on August 31, 1998, you are numbers is available in the COMMITTEE FOR THE directed to adjust the limits for the following CORRELATION: Textile and Apparel IMPLEMENTATION OF TEXTILE categories, as provided for under the terms of Categories with the Harmonized Tariff AGREEMENTS the current bilateral textile agreement Schedule of the United States (see between the Governments of the United Federal Register notice 62 FR 66057, Adjustment of Import Limits for Certain States and Oman: published on December 17, 1997). Also Cotton, Man-Made Fiber, Silk Blend see 62 FR 60828, published on and Other Vegetable Fiber Textile Category Adjusted twelve-month November 13, 1997. limit 1 Products Produced or Manufactured in J. Hayden Boyd, Oman 335/635 ...... 252, 980 dozen. Acting Chairman, Committee for the 338/339 ...... 545,952 dozen. Implementation of Textile Agreements. August 24, 1998. 347/348 ...... 1,056,125 dozen. AGENCY: Committee for the Implementation of Textile Committee for the 647/648/847 ...... 338,392 dozen. Implementation of Textile Agreements Agreements (CITA). 1 The limits have not been adjusted to ac- August 24, 1998. ACTION: Issuing a directive to the count for any imports exported after December Commissioner of Customs, 31, 1997. Commissioner of Customs adjusting Department of the Treasury, Washington, DC limits. The Committee for the Implementation of 20229. Textile Agreements has determined that Dear Commissioner: This directive EFFECTIVE DATE: August 31, 1998. these actions fall within the foreign affairs amends, but does not cancel, the directive Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46003 issued to you on November 6, 1997, by the The current limits for certain 4 Category 369±D: only HTS numbers Chairman, Committee for the Implementation categories are being adjusted, variously, 6302.60.0010, 6302.91.0005 and 6302.91.0045. of Textile Agreements. That directive for swing, carryforward, carryforward concerns imports of certain cotton and man- used and carryover. The Committee for the Implementation of made fiber textile products, produced or A description of the textile and Textile Agreements has determined that manufactured in Qatar and exported during these actions fall within the foreign affairs the twelve-month period which began on apparel categories in terms of HTS numbers is available in the exception of the rulemaking provisions of 5 January 1, 1998 and extends through U.S.C. 553(a)(1). December 31, 1998. CORRELATION: Textile and Apparel Sincerely, Effective on August 31, 1998, you are Categories with the Harmonized Tariff J. Hayden Boyd, directed to adjust the limits for the following Schedule of the United States (see categories, as provided for under the Uruguay Acting Chairman, Committee for the Federal Register notice 62 FR 66057, Implementation of Textile Agreements. Round Agreement on Textiles and Clothing: published on December 17, 1997). Also [FR Doc. 98–23216 Filed 8–27–98; 8:45 am] see 62 FR 65246, published on BILLING CODE 3510±DR±F Category Adjusted twelve-month December 11, 1997. limit 1 J. Hayden Boyd, 341/641 ...... 158,457 dozen. Acting Chairman, Committee for the DEPARTMENT OF DEFENSE 347/348 ...... 538,078 dozen. Implementation of Textile Agreements. 1 The limits have not been adjusted to ac- Committee for the Implementation of Textile GENERAL SERVICES count for any imports exported after December Agreements ADMINISTRATION 31, 1997. August 24, 1998. The Committee for the Implementation of Commissioner of Customs, NATIONAL AERONAUTICS AND Textile Agreements has determined that Department of the Treasury, Washington, DC SPACE ADMINISTRATION these actions fall within the foreign affairs 20229. [OMB Control No. 9000±0028] exception to the rulemaking provisions of 5 Dear Commissioner: This directive U.S.C. 553(a)(1). amends, but does not cancel, the directive Proposed Collection; Comment Sincerely, issued to you on December 5, 1997, as Request Entitled Termination J. Hayden Boyd, amended on May 1, 1998, by the Chairman, Requirements Acting Chairman, Committee for the Committee for the Implementation of Textile Implementation of Textile Agreements. Agreements. That directive concerns imports AGENCIES: Department of Defense (DOD), of certain cotton, wool, man-made fiber, silk [FR Doc. 98–23215 Filed 8–27–98; 8:45 am] General Services Administration (GSA), blend and other vegetable fiber textiles and BILLING CODE 3510±DR±F textile products, produced or manufactured and National Aeronautics and Space in Thailand and exported during the period Administration (NASA). January 1, 1998 through December 31, 1998. ACTION: Notice of request for comments COMMITTEE FOR THE Effective on August 31, 1998, you are regarding an extension to an existing IMPLEMENTATION OF TEXTILE directed to adjust the limits for the following OMB clearance (9000–0028). AGREEMENTS categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing: SUMMARY: Under the provisions of the Adjustment of Import Limits for Certain Paperwork Reduction Act of 1995 (44 Cotton, Man-Made Fiber, Silk Blend Adjusted twelve-month U.S.C. Chapter 35), the Federal Category 1 and Other Vegetable Fiber Textiles and limit Acquisition Regulation (FAR) Textile Products Produced or Levels in Group I Secretariat will be submitting to the Manufactured in Thailand 200 ...... 1,277,030 kilograms. Office of Management and Budget (OMB) a request to review and approve August 24, 1998. 218 ...... 18,917,426 square meters. an extension of a currently approved AGENCY: Committee for the 219 ...... 5,338,772 square me- information collection requirement Implementation of Textile Agreements ters. concerning Termination Requirements. (CITA). 313±O 2 ...... 18,081,320 square The clearance currently expires on ACTION: Issuing a directive to the meters. 3 November 30, 1998. Commissioner of Customs adjusting 314±O ...... 59,819,574 square meters. DATES: Comments may be submitted on limits. 369±D 4 ...... 255,993 kilograms. or before October 27, 1998. 603 ...... 2,344,650 kilograms. FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: August 31, 1998. 619 ...... 7,698,100 square me- Linda Klein, Federal Acquisition Policy FOR FURTHER INFORMATION CONTACT: Ross ters. Division, GSA, (202) 501–3755. 620 ...... 7,718,303 square me- Arnold, International Trade Specialist, ADDRESSES: Send comments regarding ters. Office of Textiles and Apparel, U.S. this burden estimate or any other aspect Department of Commerce, (202) 482– Sublevels in Group II 334/634 ...... 688,486 dozen. of this collection of information, 4212. For information on the quota including suggestions for reducing this status of these limits, refer to the Quota 336/636 ...... 358,030 dozen. 338/339 ...... 2,059,408 dozen. burden, to: FAR Desk Officer, OMB, Status Reports posted on the bulletin 347/348/847 ...... 893,006 dozen. Room 10102, NEOB, Washington, DC boards of each Customs port or call 638/639 ...... 2,316,695 dozen. 20503, and a copy to the General (202) 927–5850. For information on 647/648 ...... 1,227,746 dozen. Services Administration, FAR embargoes and quota re-openings, call 1 The limits have not been adjusted to ac- Secretariat (MVRS), 1800 F Street, NW, (202) 482–3715. count for any imports exported after December Room 4035, Washington, DC 20405. SUPPLEMENTARY INFORMATION: 31, 1997. SUPPLEMENTARY INFORMATION: 2 Category 313±O: all HTS numbers except Authority: Section 204 of the Agricultural 5208.52.3035, 5208.52.4035 and A. Purpose Act of 1956, as amended (7 U.S.C. 1854); 5209.51.6032. Executive Order 11651 of March 3, 1972, as 3 Category 314±O: all HTS numbers except Contracting officers terminate amended. 5209.51.6015. contracts, for default or convenience, 46004 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices only when it is in the best interest of the DATES: 10 September 1998 (800 am to DEPARTMENT OF DEFENSE Government to do so. After receipt of 1600 pm). Department of the Army the notice of termination, contractors ADDRESSES: The Defense Intelligence are required to terminate subcontracts, Agency, Bolling AFB, Washington, DC Availability of Exclusive Licensing of advise the contracting officer of any 20340–5100. special circumstances, submit any U.S. Patent Concerning Vaccine requests for an equitable adjustment, FOR FURTHER INFORMATION CONTACT: Maj Against Ricin Toxin Donald R. Culp, USAF, Executive submit a settlement proposal, and take AGENCY: U.S. Army Medical Research Secretary, DIA Science and Technology other action as directed. Records and Materiel Command, DoD. Advisory Board, Washington, D.C. regarding the terminated contract must ACTION: Notice. be maintained for 3 years. 20340–1328 (202) 231–4930. The information submitted or retained SUPPLEMENTARY INFORMATION: The entire SUMMARY: In accordance with 37 CFR in connection with contract termination meeting is devoted to the discussion of 404.6, announcement is made of the is used to reach an equitable settlement classified information as defined in availability for licensing of U.S. Patent with firms and to protect the interests of Section 552(b)(c)(l), Title 5 of the U.S. No. 5,453,271, entitled ‘‘Vaccine against the Government and the terminated Code and therefore will be closed to the ricin toxin,’’ issued September 26, 1995. contractor. public. The Board will receive briefings This patent has been assigned to the B. Annual Reporting Burden on and discuss several current critical United States of America as represented intelligence issues and advise the by the Secretary of the Army. Public reporting burden for this Director, DIA, on related scientific and ADDRESSES: Office of the Command collection of information is estimated to technical matters. Judge Advocate, U.S. Army Medical average 3 hours per termination, Research and Materiel Command, 504 including the time for reviewing Dated: August 24, 1998. Patricia L. Toppings, Scott Street, Fort Detrick, Maryland instructions, searching existing data 21702–5012, ATTN: MCMR-JA. sources, gathering and maintaining the Alternate OSD Federal Register Liaison FOR FURTHER INFORMATION CONTACT: Ms. data needed, and completing and Officer, Department of Defense. Elizabeth Arwine, Attorney Advisor, reviewing the collection of information. [FR Doc. 98–23102 Filed 8–27–98; 8:45 am] (301) 619–2065 or fax (301) 619–5034. The annual reporting burden is BILLING CODE 5000±04±M estimated as follows: Respondents, SUPPLEMENTARY INFORMATION: This 2,920; responses per respondent, 1; total invention is a method for immunizing annual responses, 2,920; preparation DEPARTMENT OF DEFENSE susceptible mammals to the hours per response, 3; and total pathological effects of exposure to ricin Department of the Army response burden hours, 8,760; and total toxin. This immunization occurs by recordkeeping hours, 2,920. administration of a composition of Intent to Grant Exclusive Patent matter comprising an antigenic effective OBTAINING COPIES OF PROPOSALS: License; Novavax Inc. amount of ricin A chain and essentially Requester may obtain a copy of the free of ricin B chain in a justification from the General Services AGENCY: U.S. Army Medical Research pharmaceutically acceptable carrier. Administration, FAR Secretariat and Materiel Command, DoD. Gregory D. Showalter, (MVRS), 1800 F Street, NW, Room 4035, ACTION: Notice. Washington, DC 20405, telephone (202) Army Federal Register Liaison Officer. 501–4755. Please cite OMB Control No. SUMMARY: The Department of the Army [FR Doc. 98–23199 Filed 8–27–98; 8:45 am] 9000–0028, Termination Requirements, hereby gives notice of its intent to grant BILLING CODE 3710±08±M in all correspondence. to Novavax Inc., a revocable, Dated: August 24, 1998. nonassignable, exclusive license in the DEPARTMENT OF DEFENSE Jeremy F. Olson, United States to practice the Government owned invention described Acting Director, Federal Acquisition Policy Department of the Army Division. in U.S. Patent No. 5,453,271, entitled [FR Doc. 98–23110 Filed 8–27–98; 8:45 am] ‘‘Vaccine against ricin toxin,’’ issued Performance Review Boards; BILLING CODE 6820±34±U September 26, 1995. Anyone wishing to Membership object to the grant of this license has 60 days from the date of this notice to file AGENCY: Department of the Army, DoD. DEPARTMENT OF DEFENSE written objections along with ACTION: Notice. supporting evidence, if any. Written Defense Intelligence Agency objections may be filed with the Office SUMMARY: Notice is given of the names of the Command Judge Advocate, U.S. of members of the Performance Review Science and Technology Advisory Army Medical Research and Materiel Boards for the Department of the Army. Board Closed Panel Meeting Command, 504 Scott Street, Fort EFFECTIVE DATE: August 1, 1998. AGENCY: Department of Defense, Defense Detrick, Maryland, 21702–5012, ATTN: FOR FURTHER INFORMATION CONTACT: Kate Intelligence Agency. MCMR–JA. Barnett Mack, U.S. Army Senior Executive Service Office, Assistant ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Elizabeth Arwine, Attorney Advisor, Secretary of the Army (Manpower and SUMMARY: Pursuant to the provisions of (301) 619–2065 or fax (301) 619–5034. Reserve Affairs), 111 Army Pentagon, Subsection (d) of Section 10 of Public Washington, DC 20310–0111. SUPPLEMENTARY INFORMATION: Law 92–463, as amended by Section 5 None. SUPPLEMENTARY INFORMATION: Section of Public Law 94–409, notice is hereby Gregory D. Showalter, 4314(c)(1) through (5) of Title 5, U.S.C., given that a closed meeting of the DIA Army Federal Register Liaison Officer. requires each agency to establish, in Science and Technology Advisory [FR Doc. 98–23200 Filed 8–27–98; 8:45 am] accordance with regulations, one or Board has been scheduled as follows: BILLING CODE 3710±08±M more Senior Executive Service Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46005 performance review boards. The boards Missiles, Army Acquisition Science and Technology, U.S. Army shall review and evaluate the initial Executive. Materiel Command. appraisal of senior executives’ 5. Mr. James L. Bacon, Deputy Program 21. Mr. Vemula P. Rao, Vice President performance by supervisors and make Manager for Chemical for Customer Engineering, U.S. recommendations to the appointing Demilitarization Operations, Army Army Tank-automotive and authority or rating official relative to the Acquisition Executive. Armaments Command. performance of these executives. 6. Mr. James J. Barbarello, Director, 22. Dr. Joseph J. Rocchio, Deputy The members of the Performance Command, Control, and Systems Director, U.S. Army Research Review Board for the Office, Secretary Integration, U.S. Army Laboratory, AMC. of the Army are: Communications-Electronics 23. Mr. Larry D. Scheuble, Director, 1. Sandra R. Riley, Deputy Command, AMC. Integrated Materiel Management Administrative Assistant to the 7. Mr. Paul Bogosian, Deputy Program Center, U.S. Army Tank-automotive Secretary of the Army Office, Executive Officer, Aviation, Army and Armaments Command. Secretary of the Army. Acquisition Executive. 24. Mr. Anthony B. Sconyers, Chief 2. Levator Norsworthy, Jr., Deputy 8. Ms. L. Marlene Cruze, Executive Counsel, U.S. Army Industrial General Counsel (Acquisition), Director, Acquisition Center, U.S. Operations Command, IOC. Office, General Counsel. Army Aviation and Missile 25. Mr. David J. Shaffer, Director, U.S. 3. Thomas Taylor, Senior Deputy Command, AMC. Army Materiel Systems Analysis General Counsel, Office, General 9. Dr. Larry O. Daniel, Acting Associate Activity. Counsel. Director for Systems, Missile 26. Ms. Kathryn Szymanski, Command 4. Mr. James W. Bohmbach, Director of Research, Development, and Counsel, U.S. Army Management and Control, ASA Engineering Center, U.S. Army Communications-Electronics (FM&C). Aviation and Missile Command, Command, AMC. 5. MG Clair F. Gill, Deputy ASA for AMC. 27. Mr. Gary A. Tull, Principal Deputy Army Budget, ASA (FM&C). 10. Mr. James L. Flinn III, Director, for Acquisition, U.S. Army Materiel 6. Mr. David Borland, Vice Director to Integrated Materiel Management Command. the DISC4. Center, U.S. Army Aviation and The members of the Performance 7. Ms. Miriam F. Browning, Director of Missile Command, AMC. Review Board for the Army Acquisition Army Information, DISC4. 11. Mr. Frank E. Fiorilli, Deputy for Executive are: 8. Mr. Jayson L. Spiegel, Deputy ASA Business, U.S. Army 1. Mr. Paul Bogosian, Deputy Program (Force Management, Manpower and Communications-Electronics Executive Officer, Aviation. Resources), ASA (M&RA). Command, AMC. 2. Mr. Edward T. Bair, Deputy Program 9. Mr. David L. Snyder, Director for 12. Dr. James Gantt, Director, Executive Officer, Intelligence and Civilian Personnel Management and Information Science and Electronic Warfare. Operations, ASA (M&RA). Technology, U.S. Army Research 3. BG Joseph L. Yakovac, Assistant 10. Mr. Michael L. Davis, Deputy ASA Office, AMC. Deputy for Systems Management (Policy and Legislation), ASA (CW). 13. Mr. Robert V. Kennedy, Director, and Horizontal Technology 11. Mr. Raymond J. Fatz, DASA Advanced Systems/Associate Integration, Office of the Secretary (Environment, Safety and Director for Technology, U.S. Army of the Army (Research, Occupational Health), ASA (IL&E). Aviation and Missile Command, Development and Acquisition). 12. Dr. John B. Foulkes, Director, Test AMC. and Evaluation Management 14. Mr. Anthony A. LaPlaca, Director, The members of the Performance Agency, DUSA (OR). CECOM Logistics and Readiness Review Board for the U.S. Army 13. BG Joseph L. Yakovac, Jr., Assistant Center, U.S. Army Consolidated Commands are: Deputy, ASA (RDA). Communications-Electronics 1. Ms. Vicky L. Jefferis, Acting Deputy 14. Dr. A. Michael Andrews II, Director Command, AMC. Chief of Staff for Resources and for Technology; ASA (RDA). 15. Mr. Victor Lindner, Associate Evaluation, U.S. Army Forces 15. Mr. Francis E. Reardon, The Auditor Technical Director for Systems Command. General, Army Audit Agency. Development and Engineering, 2. Mr. William S. Rich, Jr., Deputy and 16. Mr. Thomas Druzgal, Deputy Armament RD&E Center, U.S. Army Technical Director, USA National Auditor General, Army Audit Tank-automotive and Armaments Ground Intelligence Center, U.S. Agency. Command. Army Intelligence and Security The members of the Performance 16. Dr. Ingo W. May, Director, Weapons Command. Review Board for the U.S. Army and Materials Research, U.S. Army 3. Mr. Thomas D. Collinsworth, Materiel Command are: Research Laboratory, AMC. Director, MTMC Transportation 1. Major General Norman E. Williams, 17. Mr. Daniel G. Mehney, Director, Engineering Agency, Military Deputy Chief of Staff for Logistics Acquisition Center, U.S. Army Traffic Management Command. and Operations, HQ, AMC. Tank-automotive and Armaments 4. Mr. Jess F. Granone, Director, Sensors 2. Major General Steven Boutelli, Command. Directorate, USA Space & Missile Program Executive Officer, 18. Mr. A. Q. Oldacre, Deputy Program Defense Command. Command, Control and Executive officer, Air and Missile 5. Dr. Michael Lavan, Director, Communications Systems, Army Defense, Army Acquisition Advanced Technology Directorate, Acquisition Executive. Executive. USA Space & Missile Defense 3. Brigadier General John P. Geis, 19. Mr. Raymond G. Pollard III, Civilian Command. Commander, U.S. Army Simulation, Deputy/Chief Engineer, U.S. Army 6. Mr. Roy Reynolds, Director of Training and Instrumentation Test and Evaluation Command, Operations, TRADOC Analysis Command, AMC. AMC. Center, White Sands Missile Range, 4. Ms. Vicky R. Armbruster, Deputy 20. Ms. Renata F. Price, Assistant U.S. Army Training and Doctrine Program Executive Officer, Tactical Deputy Chief of Staff for RD&A Command. 46006 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

7. Mr. Edgar B. Vandiver III, Director, SUMMARY: The Los Angeles District Dated: August 19, 1998. U.S. Army Concepts Analysis intends to prepare an EIS to support the Robert L. Davis, Agency. proposed study for flood control and Colonel, Corps of Engineers, District Engineer. 8. Mr. William M. Robinson, Assistant drainage in the Northeast Phoenix area. [FR Doc. 98–23201 Filed 8–27–98; 8:45 am] Deputy Chief of Staff for The Northeast Phoenix Drainage BILLING CODE 3710±KF±M Engineering (International Affairs), feasibility study area is located in the U.S. Army Europe and Seventh Northeast of the City of Phoenix, and Army. adjacent communities. The Study area is DEPARTMENT OF ENERGY The members of the Performance roughly bounded by Carefree Highway Review Board for the Chief of Staff are: on the North, Cave Creek Road to the Notice of Availability of the Final 1. BG Albert J. Madora, Deputy Director, West, the Central Arizona Project canal Environmental Impact Statement on Program Analysis & Evaluation to the South, and Scottsdale Road to the Management of Certain Plutonium Directorate, Vice Chief of Staff, East. The study will analyze flooding ad Residues and Scrub Alloy Stored at the Rocky Flats Environmental Army. drainage problems in the study area and 2. Mr. Edgar B. Vandiver III, Director, Technology Site primarily on Rawhide Wash and U.S. Army Concepts Analysis alluvial fan 5 and 6. AGENCY: Department of Energy. Agency, Director of the Army Staff. ACTION: 3. Dr. Jeffrey Clarke, Chief Historian, FOR FURTHER INFORMATION CONTACT: Notice of availability. U.S. Army Center of Military For further information contact Mr. SUMMARY: The Department of Energy History, Director of the Army Staff. (DOE) announces the availability of the 4. Ms. Jean M. Bennett, Director, David Compas, U.S. Army Corps of Engineers, Attn.: CESPL–PD–RN, P.O. Final Environmental Impact Statement Programs & Analysis Directorate, on Management of Certain Plutonium Deputy Chief of Staff for Box 532711, Los Angeles, California, 90053–2325; phone (213) 452–3850; E- Residues and Scrub Alloy Stored at the Intelligence. Rocky Flats Environmental Technology 5. Mr. Mark J. O’Konski, Director, mail [email protected]. Site (DOE/EIS–0277F, August 1998). Logistics Integration Agency, SUPPLEMENTARY INFORMATION: To The Final EIS analyzes reasonable Deputy Chief of Staff for Logistics. prepare for the preparation of the EIS, 6. MG Julian A. Sullivan, Jr., Director of alternatives for the management of the Corps will be conducting a public Supply and Maintenance, Deputy certain plutonium residues and all of scoping meeting on September 8, 1998, Chief of Staff for Logistics. the scrub alloy at the Rocky Flats 7. Mr. John A. Riente, Technical at 7 P.M., at the Paradise Valley Environmental Technology Site (Rocky Advisor to the Deputy Chief of Staff Community Center located at 17402 N. Flats) near Golden, Colorado. Plutonium for Operations and Plans. 40th St., Phoenix, Arizona. This scoping residues and scrub alloy are materials 8. BG(P) Benjamin S. Griffin, Director of meeting will be held to solicit public that were generated while processing Force Programs, Deputy Chief of input on significant environmental plutonium during the manufacture of Staff for Operations and Plans. issues associated with the proposed components for nuclear weapons. The 9. BG James J. Lovelace, Jr., Director of project. The public, as well as Federal, Final EIS analyzes processing Training, Deputy Chief of Staff for State, and local agencies are encouraged technologies for various material Operations and Plans. to participate in the scoping process by categories of residues (e.g., ash, salts, 10. MG Thomas W. Garrett, attending the Scoping Meeting and/or fluorides) and the scrub alloy. Commander, U.S. Total Army submitting data, information, and Processing of these materials is needed Personnel Command, Deputy Chief comments identifying relevant to address health and safety issues of Staff for Personnel. environmental and socioeconomic associated with their continued storage 11. BG Kathryn Carlson, Special and to prepare them for disposal or issues to be addressed in the Assistant to the Deputy Chief of other disposition. DOE has prepared environmental analysis. Useful Staff for Personnel, Deputy Chief of this Final EIS pursuant to the National Staff for Personnel. information includes other Environmental Policy Act (NEPA) (42 12. Ms. Maureen Lishcke, Program environmental studies, published and U.S.C. 4321, et seq.), in accordance with Executive Officer, National Guard unpublished data, and alternatives that the Council on Environmental Quality Bureau. should be addressed in the analysis. Regulations for Implementing the Gregory D. Showalter, Individuals and agencies may offer Procedural Provisions of NEPA (40 CFR Army Federal Register Liaison Officer. information or data relevant to the Parts 1500–1508) and the DOE NEPA [FR Doc. 98–23202 Filed 8–27–98; 8:45 am] proposed study and provide comments implementing regulations (10 CFR Part suggestions by attending the public BILLING CODE 3710±08±P 1021). scoping meeting, or by mailing the DOE analyzed four alternatives, in information within thirty (30) days to addition to the Preferred Alternative, for DEPARTMENT OF DEFENSE Mr. David Compas. Requests to be each of the categories of Rocky Flats placed on the mailing list for plutonium residues and scrub alloy. The Department of the Army, Corps of announcements and the Draft EIS also Final EIS identifies the rationale for Engineers should be sent to Mr. David Compas. identifying the treatment technologies as preferred. Intent to Prepare an Environmental Alternatives: A full array of All of the alternatives analyzed in the Impact Statement (EIS) for the alternatives to the proposed action will Final EIS were either analyzed in the Northeast Phoenix Drainage Area be developed for further analyses. The Draft EIS or are composed of elements Feasibility Study; Maricopa County, AZ proposed plan, viable project of alternatives analyzed in the Draft EIS, alternatives, and the no action plan will with the exception of two new AGENCY: U.S. Army Corps of Engineers be carried forward for detailed analysis (Corps), Los Angeles District, DOD. candidate processing technologies in the National Environmental Policy similar to technologies analyzed in the ACTION: Notice of intent. Act document. Draft EIS. Nevertheless, because certain Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46007 alternatives were not presented to the 60), Environmental Management, U.S. April 1996). Under this alternative, public in the form in which they appear Department of Energy, 1000 further processing to prepare the in this Final EIS, and in furtherance of Independence Avenue, S.W., material for disposal or other public involvement in the NEPA Washington, DC 20585–0001. disposition would not occur. Because process, DOE has decided to issue Written comments may also be scrub alloy was not addressed in the phased Records of Decision for this submitted electronically as follows: Via Rocky Flats Solid Residue Final EIS. The first Record of Decision E-Mail to [email protected], or Environmental Assessment, the ‘‘No will cover only those materials for Via facsimile to Mr. Charles R. Head at Action’’ alternative for scrub alloy has which the preferred processing (202) 586–5393. been defined as continued storage at technology was analyzed in the Draft FOR FURTHER INFORMATION CONTACT: For Rocky Flats with repackaging, as EIS, and for which any variances to further information on the Final EIS, necessary. Under this alternative, safeguards termination limits discussed please contact Mr. Charles R. Head at approximately 40 percent of the Rocky in the Draft EIS had already been the address specified above. Flats plutonium residues and all of granted. The first Record of Decision For general information on the DOE Rocky Flats scrub alloy would be left in will be issued no sooner than 30 days NEPA process, please write or call: Ms. forms that would not meet the after issuance of the Final EIS. The Carol Borgstrom, Director, Office of requirements for termination of second Record of Decision will cover NEPA Policy and Assistance (EH–42), safeguards, making these materials the remaining materials within the U.S. Department of Energy, 1000 ineligible for disposal. Thus, while scope of the EIS (e.g., as discussed in Independence Avenue, S.W., implementation of this alternative Section 1.4.2 of the Final EIS). Prior to Washington, DC 20585, Telephone: would address the immediate health issuing the second Record of Decision, 202–586–4600, or leave a message at 1– and safety concerns associated with DOE is providing a 45-day comment 800–472–2756. near-term storage of the materials, the health and safety risks associated with period that begins with publication of SUPPLEMENTARY INFORMATION: In the potential long-term storage of these the Environmental Protection Agency’s Final EIS, DOE analyzes processing Notice of Availability regarding this materials would remain. certain plutonium-bearing materials 2. Alternative 2 (Processing Without Final EIS as discussed in the DATES being stored at Rocky Flats near Golden, section below, and will resolve any Plutonium Separation). Processing to Colorado. These materials are prepare the material for disposal as comments received. plutonium residues and scrub alloy The Final EIS is available to the transuranic waste or for other remaining from nuclear weapons disposition (i.e., meet safeguards public in the public reading rooms manufacturing operations formerly listed below in the ‘‘Availability of termination limits). Processing conducted by DOE at this site. In their technologies evaluated include Copies of the Final EIS’’ section of this present forms, these materials cannot be Notice. The Final EIS is also available immobilization and dilution, with all disposed of or otherwise be prepared for processing taking place at Rocky Flats. by mail upon request by contacting the final disposition because they contain Center for Environmental Management 3. Alternative 3 (Processing With plutonium in concentrations exceeding Plutonium Separation). This alternative Information as specified under DOE safeguards termination would include use of various plutonium ADDRESSES below. requirements. The term ‘‘safeguards’’ separation technologies, such as Purex, DATES: The public is invited to comment refers to those measures (e.g., acid dissolution/plutonium oxide on the processing technologies for a recordkeeping, monitoring, and physical recovery, salt distillation, water leach, subset of the plutonium residue material protection) that DOE and other and others. On-site processing is categories addressed by the Final EIS, as organizations holding nuclear materials evaluated at Rocky Flats for most of the specified in Section 1.4.2 of the Final must take to ensure that the materials residues and scrub alloy; off-site EIS. The public comment period begins are not stolen or diverted for illicit processing is evaluated at the Savannah with publication of the Environmental purposes. River Site for certain types of residues Protection Agency’s Notice of The Defense Nuclear Facilities Safety and the scrub alloy and the Los Alamos Availability regarding this Final EIS in Board has raised health and safety National Laboratory for certain salt the Federal Register (August 28, 1998), concerns regarding the current storage residues only. The separated plutonium and continues through October 12, of plutonium residues and scrub alloy at would be placed into safe and secure 1998. All comments received by October Rocky Flats. The proposed processing storage at the processing site pending 12, 1998, will be considered when will address the concerns raised by the disposition. The wastes left after preparing the second Record of Decision Board and also will prepare the separation of the plutonium would be or taking other actions in response to plutonium residues and scrub alloy for disposed of. the comments. Comments received after disposal or other disposition. 4. Alternative 4 (Combination of the close of the comment period will be Processing Technologies). This considered to the degree practical. Alternatives alternative would include processing ADDRESSES: Requests for copies of the DOE has identified and assessed the technologies that stabilize and blend Final EIS should be directed to: Center following alternatives for processing down the residues, as necessary, so that for Environmental Management these plutonium-bearing materials: the concentration of plutonium in the Information, P.O. Box 23769, 1. Alternative 1 (No Action—Stabilize residues would be less than 10 percent. Washington, DC 20026–3769. and Store). This alternative consists of These residues would then be Copies may also be requested by stabilization or repackaging to prepare repackaged in preparation for disposal. calling 1–800–736–3282 (or 202–863– the material for interim storage as Due to the relatively higher 5084 in Washington, DC). described in the Rocky Flats Solid concentration of plutonium in the scrub Written comments on the Final EIS Residue Environmental Assessment alloy, no processing technology for may be submitted to the following (Solid Residue Treatment, Repackaging, scrub alloy was analyzed under this address: Mr. Charles R. Head, Senior and Storage Environmental Assessment/ alternative. All processing under this Technical Advisor, Office of Nuclear Finding of No Significant Impact, DOE/ alternative would be done at Rocky Material and Facility Stabilization (EM– EA–1120, Rocky Flats Field Office, Flats. 46008 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Alternative 4 would also require that candidate processing technologies Rocky Flats Public Reading Room, Front a variance to safeguards termination similar to technologies analyzed in the Range Community College Library, 3645 limits be applied for any residues that Draft EIS. Nevertheless, because certain W. 112th Avenue, Westminster, CO 80030 would be sent to the Waste Isolation alternatives were not presented to the University of Colorado Libraries, Government Publications, Campus Box 184, Boulder, Pilot Plant (WIPP) for disposal because public in the form in which they appear CO 80309 the residues would contain plutonium in this Final EIS, and in furtherance of Colorado Department of Public Health, 4300 concentrations exceeding DOE public involvement in the NEPA Cherry Creek Drive South, Denver, CO safeguards termination limits. The process, DOE has decided to issue 80222 variance is based on the combination of phased Records of Decision for this Colorado School of Mines, Arthur Lakes processing method, the waste Final EIS. The first Record of Decision Library, 1400 Illinois Street, P.O. Box 4029, management controls in place for will cover only those materials for Golden, CO 80401 normal handling of transuranic waste, which the preferred processing Colorado State University, Library and the limited quantity of special technology was analyzed in the Draft Documents Department, Ft. Collins, CO 80523 nuclear materials present at any EIS, and for which any variances to U.S. Department of Energy, 1000 particular place and time. safeguards termination limits discussed Independence Avenue, SW, FOI Room, 1E– 5. Preferred Alternative Identified in in the Draft EIS had already been 190, Forrestal Bldg., Washington, DC 20585 the Final EIS. DOE has identified granted (e.g., sand, slag, and crucible Pullen Public Library, 100 Decatur Street, SE, preferred processing technologies residues, low plutonium concentration Atlanta, GA 30303 (collectively referred to as the Preferred direct oxide reduction salt residues, Chatham Effingham Library, 2002 Bull Street, Alternative) for each of the categories of combustible residues, plutonium Savannah, GA 31499 Rocky Flats plutonium residues and fluoride residues, Ful Flo filter media Reese Library, Augusta College, 2500 Walton scrub alloy. Under the Preferred residues, glass residues, graphite Way, Augusta, GA 30904 Alternative, all materials would be Georgia Institute of Technology, Bobby Dodd residues, and inorganic residues, and Way, Atlanta, GA 30332 processed at Rocky Flats except for the scrub alloy). The first Record of Argonne National Laboratory, Technical sand, slag, and crucible; certain direct Decision will be issued no sooner than Library, P.O. Box 2528, Idaho Falls, ID oxide reduction salts; fluoride residues; 30 days after issuance of the Final EIS. 83403 and scrub alloy. The salts would be The second Record of Decision will University of Illinois at Chicago, U.S. DOE processed at Los Alamos National cover the remaining materials within Public Documents Room, 801 S. Morgan Laboratory. The sand, slag and crucible; the scope of the EIS (e.g., incinerator ash Street, 3rd Floor, Chicago, IL 60607 fluoride residues; and scrub alloy would residues, graphite fines residues, East St. Louis Public Library, Dr. Ram be processed at the Savannah River Site. inorganic ash residues, molten salt Chauhan, 405 North 9th Street, East St. The Final EIS identifies the rationale for extraction/electrorefining salt residues, Louis, IL 62201 identifying the treatment technologies Lincoln Library, Reference Department, 326 high plutonium concentration direct South 7th Street, Springfield, IL 62701 as preferred. oxide reduction salt residues, HEPA Salina Public Library, Marc Boucher, Public Comments on the Draft filter media residues, and sludge Reference Librarian, 301 West Elm, Salina, Environmental Impact Statement residues). Prior to issuing the second KS 67401 Record of Decision, DOE is providing a Washburn Law Library, 1700 College, Copies of the Draft EIS and/or the 45-day comment period and will resolve Topeka, KS 66621 Summary were mailed to over 1,000 any comments received. Paducah Public Library, 555 Washington individuals and organizations. The Street, Paducah, KY 42001 public comment period was held from Availability of Copies of the Final EIS U.S. Department of Energy, Environmental November 25, 1997, to January 5, 1998. The Final EIS has been distributed to Information Center, 175 Freedom However, DOE continued to consider interested Federal, State, and local Boulevard, Kevil, KY 42053 and accept comments received after the Mid Continent Public Library, Blue Ridge agencies, and to individuals and Branch, 9253 Blue Ridge Boulevard, closing date. Written submissions were organizations who have expressed an Kansas City, MO 64138 received from 39 individuals and interest. Copies of the Final EIS are St. Louis Public Library, 1301 Olive Street, organizations, generating about 200 available for review in the following St. Louis, MO 63103 comments. DOE held three public public reading rooms: Scenic Regional Library, 308 Hawthorn hearings at the potentially affected sites, Drive, Union, MO 63084 Simi Valley Public Library, 2629 Tapo Los Alamos Community Reading Room, 1350 attended by a total of approximately 50 Canyon Road, Simi Valley, CA 93063 people. These meetings generated about Lawrence Livermore National Laboratory, Central Avenue, Suite 101, Los Alamos, 40 questions and comments. Chapter 9 East Gate Visitors Center, Greenville Road, NM 87544 of the Final EIS provides the Livermore, CA 94550 U.S. Department of Energy, Albuquerque Operations Office, National Atomic Department’s responses to the CSU Northridge/Oviatt Library, 18111 Nordhoff Street, Northridge, CA 91330 Museum, 20358 Wyoming Boulevard SE, comments received. Most commentors Kirtland Air Force Base, P.O. Box 5400, commented on the alternatives and U.S. Department of Energy, Oakland Operations Office, 1301 Clay Street, Room Albuquerque, NM 87185 technical processes, the analyses EIC, 8th Floor, Oakland, CA 94612 U.S. Department of Energy, FOIA Reading presented in the EIS, and concerns such Platt Brand Public Library, 23600 Victory Room, 4700 Morris NE, Albuquerque, NM as storage, ultimate disposition, Boulevard, Woodland Hills, CA 91367 87111 proliferation risks, transportation, U.S. Department of Energy, Golden Field U.S. Department of Energy, Technical environmental, safety and health risks, Office, Public Reading Room, 14869 Vocational Institute, Main Campus Library, and costs. Denver West Parkway, Golden, CO 80401 525 Buena Vista SE, Albuquerque, NM U.S. Environmental Protection Agency, 87106 Process and Schedule for Decisions Superfund Records Center, 999 18th Street, New Mexico State Library, 325 Don Gasper, Santa Fe, NM 87503 All of the alternatives analyzed in the Floor 5, Denver, CO 80202 Rocky Flats Citizens Advisory Board, Public U.S. Department of Energy, Gregg Final EIS were either analyzed in the Reading Room, 9035 Wadsworth Avenue, Graniteville Library, 171 University Draft EIS or are composed of elements Suite 2250, Westminster, CO 80021 Parkway, Aiken, SC 29801 of alternatives analyzed in the Draft EIS, Standley Lake Public Reading Room, 8485 County Library, 404 King Street, Charleston, with the exception of two new Kipling Street, Arvada, CO 80005 SC 29403 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46009

South Carolina State Library, 1500 Senate 20426, in accordance with Rules 211 DEPARTMENT OF ENERGY Street, P.O. Box 11469 and 214 of the Commission’s Rules of Orangeburg County Free Library, 510 Louis Practice and Procedure (18 CFR 385.211 Federal Energy Regulatory Street NE, P.O. Box 1367, Orangeburg, SC and 18 CFR 385.214). All such motions Commission 29116 Lawson McGhee Public Library, 500 West and protests should be filed on or before Church Avenue, Knoxville, TN 37902 September 7, 1998. Protests will be [Docket No. RP98±357±001] Nashville Public Library, 225 Polk Avenue, considered by the Commission to Nashville, TN 37203 determine the appropriate action to be Gas Transport, Inc.; Notice of U.S. Department of Energy, Public Reading taken, but will not serve to make Compliance Filing Room, Oak Ridge Operations Office, 55 protestants parties to the proceedings. Jefferson Circle, Room 1123, Oak Ridge, TN Any person wishing to become a party August 25, 1998. 37831 must file a motion to intervene. Copies Take notice that on August 19, 1998, Copies of the Final EIS can also be of this filing are on file with the Gas Transport, Inc. (GTI) tendered for obtained by contacting the Center for Commission and are available for public filing the following revised tariff sheets Environmental Management inspection. to its FERC Gas Tariff, Second Revised Information at the address, or via the Linwood, A. Watson, Jr., Volume No. 1: telephone numbers, listed earlier in this Acting Secretary. Notice under ADDRESSES. [FR Doc. 98–23116 Filed 8–27–98; 8:45 am] Effective August 1, 1998 Issued in Washington, D.C. on August 25, BILLING CODE 6717±01±M Sub. Fifth Revised Sheet No. 162 1998. Sub. Fourth Revised Sheet No. 162A David G. Huizenga, GTI states that the purpose of this Acting Deputy Assistant Secretary for Nuclear DEPARTMENT OF ENERGY Material and Facility Stabilization, Office of filing is to conform to the Order issued Environmental Management. Federal Energy Regulatory August 12, 1998 in Docket No. RP98– [FR Doc. 98–23264 Filed 8–26–98; 8:55 am] Commission 357–000 (August 12 Order), and to conform to the GISB Standards BILLING CODE 6450±01±P [Docket No. RP95±363±014] incorporated by Order No. 587–G, El Paso Natural Gas Company; Notice Standards for Business Practices of DEPARTMENT OF ENERGY of Compliance Filing Interstate Natural Gas Pipelines. Specifically, Standards 1.4.6, 2.4.6, Federal Energy Regulatory August 25, 1998. 4.3.5, 4.3.16 and 5.3.30 have been Commission Take notice that on August 18, 1998, incorporated by reference and the reference to Standard 4.3.4 has been [Docket Nos. EC96±19±035, ER96±1663± El Paso Natural Gas Company (El Paso) 036] tendered for filing a compliance filing deleted, as directed by the August 12 pursuant to the Initial Decision issued Order. California Independent System July 29, 1998, at Docket No. RP95–363– GTI states that copies of this filing Operator Corporation; Notice of Filing 002. were served upon its jurisdictional El Paso states that the filing contains customers and the Regulatory August 24, 1998. revised schedules that adjust the cost of Take notice that on August 17 and Commissions of the states of Ohio and service and rate design in accordance West Virginia. August 20, 1998, as corrected on August with the July 29 Decision. 21, 1998, the California Independent Any person desiring to protest this Any person desiring to protest this System Operator Corporation (ISO), filing should file a protest with the filing should file a protest with the tendered for filing a compliance filing, Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, which includes certain revisions to the 888 First Street, NE., Washington, DC 888 First Street, N.E., Washington, D.C. ISO Tariff and Protocols, responses 20426, in accordance with Section 20426, in accordance with Section regarding issues raised by intervenors, 385.211 of the Commission’s Rules and 385.211 of the Commission’s Rules and and responses to questions contained in Regulations. All such protests must be Regulations. All such protests must be the Commission’s order addressing ISO filed as provided in Section 154.210 of filed as provided in Section 154.210 of Tariff Amendment No. 10.1 the Commission’s Regulations. Protests the Commission’s Regulations. Protests The ISO states that this filing has been will be considered by the Commission will be considered by the Commission served on all parties listed on the in determining the appropriate action to in determining the appropriate action to official service list in the above- be taken, but will not serve to make be taken, but will not serve to make referenced dockets, including the protestants parties to the proceedings. protestants parties to the proceedings. California Public Utilities Commission. Copies of this filing are on file with the Copies of this filing are on file with the Any person desiring to be heard or to Commission and are available for public Commission and are available for public protest said filing should file a motion inspection in the Public Reference inspection in the Public Reference to intervene or protest with the Federal Room. Room. Energy Regulatory Commission, 888 Linwood A. Watson, Jr., Linwood A. Watson, Jr., First Street, N.E., Washington, D.C. Acting Secretary. Acting Secretary. [FR Doc. 98–23166 Filed 8–27–98; 8:45 am] 1 California Independent System Operator [FR Doc. 98–23162 Filed 8–27–98; 8:45 am] Corporation, 84 FERC ¶ 61,121 (1998). BILLING CODE 6717±01±M BILLING CODE 6717±01±M 46010 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

DEPARTMENT OF ENERGY 152 in its FERC Gas Tariff, Original DEPARTMENT OF ENERGY Volume No. 2. Koch states that the Federal Energy Regulatory transportation service has been inactive Federal Energy Regulatory Commission since March 1994 and that St. John Commission [Docket No. RP98±348±001] concurs with the request to abandon. [Docket No. CP98±234±000] Koch’s proposal is more fully set forth Gulf States Transmission Corporation; in the application which is on file with Northern Natural Gas Company; Notice Notice of Compliance Filing the Commission and open to public of Technical Conference August 25, 1998. inspection. August 24, 1998. Take notice that on August 21, 1998, Any person desiring to be heard or Take notice that on Tuesday, Gulf States Transmission Corporation make any protest with reference to said September 2, 1998, following the end of (Gulf States), tendered for filing and application should on or before the technical conference in Docket No. acceptance Sub Second Revised Sheet September 14, 1998, file with the CP98–14–000, another technical No. 58G for inclusion in Gulf States Federal Energy Regulatory Commission, conference will be held to discuss the FERC Gas Tariff, Original Volume No. 1. 888 First Street, N.E., Washington D.C. issues raised in the above-captioned Gulf States requests that this revised 20426, a motion to intervene or a protest preceding at the offices of the Federal tariff sheet be deemed effective August in accordance with the requirements of Energy Regulatory Commission, 888 1, 1998. the Commission’s Rules of Practice and First Street, N.E. Washington, D.C. Gulf States assert that Sub Second Procedure (18 CFR 385.214 or 385.211) 20426. Revised Sheet No. 58G is filed in and the regulations under the Natural All interested persons and staff are compliance with the Commission’s permitted to attend. However, Gas Act (18 CFR 157.10). All protests August 7, 1998 Letter Order in the attendance does not confer party status. above-referenced docket and filed with the Commission will be For additional information, contact incorporates by reference the Gas considered by it in determining the Nicholas Theofilos at (202) 208–1124. Industry Standards Board Standards appropriate action to be taken but will Linwood A. Watson, Jr., not serve to make the protestants parties 5.3.22 through 5.3.29 into its tariff. Acting Secretary. to the proceeding. Any person wishing Any person desiring to protest this [FR Doc. 98–23111 Filed 8–27–98; 8:45 am] filing should file a protest with the to become a party to a proceeding or to BILLING CODE 6717±01±M Federal Energy Regulatory Commission, participate as a party in any hearing 888 First Street, NE., Washington, DC therein must file a motion to intervene 20426, in accordance with Section in accordance with the Commission’s DEPARTMENT OF ENERGY 385.211 of the Commission’s Rules and Rules. Regulations. All such protests must be Take further notice that, pursuant to Federal Energy Regulatory filed as provided in Section 154.210 of the authority contained in and subject to Commission the Commission’s Regulations. Protests the jurisdiction conferred upon the [Docket No. RP96±272±008] will be considered by the Commission Federal Energy Regulatory Commission in determining the appropriate action to by Sections 7 and 15 of the Natural Gas Northern Natural Gas Company; Notice be taken, but will not serve to make of Compliance Filing protestants parties to the proceedings. Act and the Commission’s Rules of Copies of this filing are on file with the Practice and Procedure, a hearing will August 25, 1998. Commission and are available for public be held without further notice before the Take notice that on August 19, 1998, inspection in the Public Reference Commission or its designee on this Northern Natural Gas Company Room. application if no motion to intervene is (Northern), tendered for filing to become Linwood A. Watson, Jr., filed within the time required, or if the part of Northern’s FERC Gas Tariff the Acting Secretary. Commission on its own review of the following tariff sheets: matter finds that permission and [FR Doc. 98–23164 Filed 8–27–98; 8:45 am] Fifth Revised Volume No. 1 approval of the proposed abandonment BILLING CODE 6717±01±M are required by the public convenience Fourth Substitute Second Revised Sheet No. 252 and necessity. If a motion for leave to Third Substitute Original Sheet No. 287A DEPARTMENT OF ENERGY intervene is timely filed, or if the Second Substitute First Revised Sheet No. Commission on its own motion believes 287A Federal Energy Regulatory that a formal hearing is required, further Fourth Substitute First Revised Sheet No. 299 Commission notice of such hearing will be duly Second Substitute Second Revised Sheet No. given. 299 [Docket No. CP98±734±000] Substitute Third Revised Sheet No. 299 Under the procedure herein provided Northern states that the above- Koch Gateway Pipeline Company; for, unless otherwise advised, it will be Notice of Application to Abandon referenced tariff sheets are filed in unnecessary for Koch to appear or be compliance with the Commission’s August 24, 1998. represented at the hearing. Order issued August 4, 1998 in Docket Take notice that on August 21, 1998, Linwood A. Watson, Jr., Nos. RP96–272–006 and RP96–272–007, Koch Gateway Pipeline Company Acting Secretary. addressing Northern’s negotiated rate (Koch), P.O. Box 1478, Houston, Texas [FR Doc. 98–23115 Filed 8–27–98; 8:45 am] provisions. 77251–1478, filed under Section 7(b) of BILLING CODE 6717±01±M Northern states that copies of the the Natural Gas Act, for authority to filing were served upon Northern’s abandon, a certificated interruptible customers and interested State transportation service for St. John The Commissions. Baptist Parish in Louisiana (St. John). Any person desiring to protest this The service is Koch’s Rate Schedule X– filing should file a protest with the Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46011

Federal Energy Regulatory Commission, construction is estimated at $89,075, to First Revised Volume No. 1–A, Fourth 888 First Street, N.E., Washington, D.C. be financed from funds on hand. Revised Sheet No. 3 and Fifth Revised 20426, in accordance with Section Any person desiring to be heard or to Sheet No. 92, to be effective September 385.211 of the Commission’s Rules and make any protest with reference to said 15, 1998. Regulations. All such protests must be application should on or before PG&E GT–NW asserts the purpose of filed as provided in Section 154.210 of September 14, 1998, file with the this filing is to comply with the the Commission’s Regulations. Protests Federal Energy Regulatory Commission, Commission’s August 18, 1998 Letter will be considered by the Commission Washington, D.C. 20426, a motion to Order in this Docket. in determining the appropriate action to intervene or a protest in accordance PG&E GT–NW further states a copy of be taken, but will not serve to make with the requirements of the this filing has been served upon its protestants parties to the proceedings. Commission’s Rules of Practice and jurisdictional customers and interested Copies of this filing are on file with the Procedure (18 CFR 385.214 or 385.211) state regulatory agencies. Commission and are available for public and the Regulations under the Natural Any person desiring to protest this inspection in the Public Reference Gas Act (18 CFR 157.10). All protests filing should file a protest with the Room. filed with the Commission will be Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. Linwood A. Watson, Jr., considered by it in determining the appropriate action to be taken but will 20426, in accordance with Section Acting Secretary. not serve to make the protestants parties 385.211 of the Commission’s Rules and [FR Doc. 98–23163 Filed 8–27–98; 8:45 am] to the proceeding. Any person wishing Regulations. All such protests must be BILLING CODE 6717±01±M to become a party to a proceeding or to filed as provided in Section 154.210 of participate as a party in any hearing the Commission’s Regulations. Protests therein must file a motion to intervene will be considered by the Commission DEPARTMENT OF ENERGY in accordance with the Commission’s in determining the appropriate action to Federal Energy Regulatory Rules. be taken, but will not serve to make Commission Take further notice that, pursuant to protestants parties to the proceedings. the authority contained in and subject to Copies of this filing are on file with the [Docket No. CP98±725±000] the jurisdiction conferred upon the Commission and are available for public Federal Energy Regulatory Commission inspection in the Public Reference Panhandle Eastern Pipe Line by Sections 7 and 15 of the Natural Gas Room. Company; Notice of Application Act and the Commission’s Rules of Linwood A. Watson, Jr., Practice and Procedure, a hearing will August 24, 1998. Acting Secretary. be held without further notice before the [FR Doc. 98–23167 Filed 8–27–98; 8:45 am] Take notice that on August 12, 1998, Commission or its designee on this BILLING CODE 6717±01±M Panhandle Eastern Pipe Line Company application if no motion to intervene is (Panhandle), P.O. Box 1642, Houston, filed within the time required herein, if Texas 77251–1642, filed in Docket No. the Commission on its own review of DEPARTMENT OF ENERGY CP98–725–000 an application pursuant the matter finds that a grant of the to Sections 7(b) and 7(c) of the Natural certificate is required by the public Federal Energy Regulatory Gas Act for authorization to abandon convenience and necessity. If a motion Commission certain pipeline facilities and to for leave to intervene is timely filed, or [Docket No. RP98±351±001] construct and operate other pipeline if the Commission on its own motion facilities to replace those being believes that a formal hearing is Tennessee Gas Pipeline Company; abandoned in Livingston County, required, further notice of such hearing Notice of Compliance Filing Michigan, all as more fully set forth in will be duly given. the application on file with the Under the procedure herein provided August 25, 1998. Commission and open to public for, unless otherwise advised, it will be Take Notice that on August 20, 1998, inspection. unnecessary for Panhandle to appear or Tennessee Gas Pipeline Company Panhandle proposes to abandon be represented at the hearing. (Tennessee), tendered for filing Sub facilities in its Howell Storage Field, Linwood A. Watson, Jr., Seventh Revised Sheet No. 412 for abandoning approximately 372 feet of 8- Acting Secretary. inclusion in Tennessee’s FERC Gas inch storage pipeline (250 feet to be [FR Doc. 98–23113 Filed 8–27–98; 8:45 am] Tariff, Fifth Revised Volume No. 1. abandoned in place and the remaining Tennessee requests that this revised BILLING CODE 6717±01±M 122 feet by removal). Panhandle tariff sheet be deemed effective August proposes to replace the storage lines by 1, 1998. constructing 40 feet of 6-inch pipe and DEPARTMENT OF ENERGY Tennessee states that Sub Seventh 80 feet of 4-inch pipe and to reconfigure Revised Sheet No. 412 is filed in an existing 6-inch line and two 4-inch Federal Energy Regulatory compliance with the Commission’s lines, and to install two new hot taps Commission August 5, 1998 Letter Order issued in and relocate an existing valve. It is the above-referenced docket and [Docket No. RP98±375±001] asserted that the replacement is required incorporates by reference the Gas to bring the storage lines into PG&E Gas Transmission, Northwest Industry Standards Board Dataset 2.4.6 compliance with United States Corporation; Notice of Compliance into Tennessee’s tariff. Department of Transportation Minimum Filing Any person desiring to protest this Federal Safety Standards and to ensure filing should file a protest with the that the lines can be safely operated at August 25, 1998. Federal Energy Regulatory Commission, their maximum allowable operating Take notice that on August 20, 1998, 888 First Street, N.E., Washington, D.C. pressure. It is further asserted that the PG&E Gas Transmission, Northwest 20426, in accordance with Section proposal will not result in any change Corporation (PG&E GT–NW) tendered 385.211 of the Commission’s Rules and in capacity. The cost of the proposed for filing as part of its FERC Gas Tariff, Regulations. All such protests must be 46012 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices filed as provided in Section 154.210 of Federal Energy Regulatory Commission, inspection in the Public Reference the Commission’s Regulations. Protests 888 First Street, NE., Washington, DC Room. will be considered by the Commission 20426, in accordance with § 385.211 of Linwood A. Watson, Jr., in determining the appropriate action to the Commission’s Rules and Acting Secretary. be taken, but will not serve to make Regulations. All such protests must be [FR Doc. 98–23161 Filed 8–27–98; 8:45 am] protestants parties to the proceedings. filed as provided in § 154.210 of the BILLING CODE 6717±01±M Copies of this filing are on file with the Commission’s Regulations. Protests will Commission and are available for public be considered by the Commission in inspection in the Public Reference determining the appropriate action to be DEPARTMENT OF ENERGY Room. taken, but will not serve to make Linwood A. Watson, Jr., protestants parties to the proceedings. Federal Energy Regulatory Acting Secretary. Copies of this filing are on file with the Commission [FR Doc. 98–23165 Filed 8–27–98; 8:45 am] Commission and are available for public [Docket Nos. CP97±168±000 and CP97±169± BILLING CODE 6717±01±M inspection in the Public Reference 000] Room. Linwood A. Watson, Jr., Alliance Pipeline L.P.; Notice of DEPARTMENT OF ENERGY Availability of the Final Environmental Acting Secretary. Impact Statement for the Proposed Federal Energy Regulatory [FR Doc. 98–23160 Filed 8–27–98; 8:45 am] Alliance Pipeline Project Commission BILLING CODE 6717±01±M August 24, 1998. [Docket No. RP93±109±013] The staff of the Federal Energy Williams Gas Pipelines Central, Inc.; DEPARTMENT OF ENERGY Regulatory Commission (FERC or Notice of Proposed Changes in FERC Commission) has prepared this final Gas Tariff Federal Energy Regulatory environmental impact statement (EIS) Commission on natural gas pipeline facilities August 25, 1998. proposed by Alliance Pipeline L.P. Take notice that on August 18, 1998, [Docket No. RP98±371±001] (Alliance) in the above-referenced Williams Natural Gas Company, now dockets. known as Williams Gas Pipelines Williams Gas Pipelines Central, Inc.; The final EIS was prepared to satisfy Central, Inc. (Williams) tendered for Notice of Proposed Changes in FERC the requirements of the National filing to become part of its FERC Gas Gas Tariff Environmental Policy Act. The staff Tariff, Second Revised Volume No. 1, concludes that approval of the proposed the following tariff sheets: August 25, 1998. project, with appropriate mitigating Substitute First Revised Sixth Revised Sheet Take notice that on August 18, 1998, measures as recommended, would have No. 6 Williams Gas Pipelines Central, Inc. limited adverse environmental impact. Substitute First Revised Sixth Revised Sheet (Williams), tendered for filing Appendix The final EIS evaluates alternatives to No. 6A the proposal, including system Substitute Sixth Revised Sheet No. 6 A to its August 3, 1998, filing in Docket No. RP98–371–000. alternatives. Substitute Sixth Revised Sheet No. 6A The final EIS assesses the potential First Revised Fifth Revised Sheet No. 6 Williams states that on August 3, First Revised Fifth Revised Sheet No. 6A environmental effects of the 1998, it made a filing to propose a new construction and operation of the Substitute Fifth Revised Sheet No. 6 interruptible Park and Loan service. Substitute Fifth Revised Sheet No. 6A following facilities in North Dakota, Substitute Fourth Revised Sheet No. 6 Appendix A to the letter was Minnesota, Iowa, and Illinois: Substitute Fourth Revised Sheet No. 6A inadvertently omitted. The instant filing • About 890 miles of 36-inch Substitute First Revised Third Revised Sheet is being made to file Appendix A. diameter natural gas pipeline; No. 6 Williams states that a copy of its filing • Seven compressor stations totaling Substitute First Revised Third Revised Sheet 249,600 horsepower; No. 6A was served on all participants listed on the service lists maintained by the • Five meter stations; Substitute Third Revised Sheet No. 6 • Substitute Third Revised Sheet No. 6A Commission in the docket referenced A total of 0.9 mile of 36-inch- Second Substitute Second Revised Sheet No. above and on all of Williams’ diameter lateral pipeline connecting the 6 jurisdictional customers and interested proposed meter stations to the mainline Third Substitute Second Revised Sheet No. state commissions. pipeline; 6A • A measurement and pressure Third Substitute First Revised Sheet No. 6 Any person desiring to protest this control station; Second Substitute First Revised Sheet No. 6A filing should file a protest with the • Fifty block valves installed along Williams states that this filing is being Federal Energy Regulatory Commission, the pipeline and at each compressor made pursuant to the Order Granting 888 First Street, NE, Washington, D.C. station; and Rehearing in Part dated July 29, 1998 in 20426, in accordance with Sections • Four new internal tool or ‘‘pig’’ Docket No. RP93–109–012. 385.211 of the Commission’s Rules and launchers and five pig receivers. Williams states that a copy of its filing Regulations. All such protests must be In addition, the final EIS addresses was served on all participants listed on filed as provided in Section 154.210 of the potential environmental impact the service lists maintained by the the Commission’s Regulations. Protest associated with construction and Commission in the docket referenced will be considered by the Commission operation of a natural gas liquids above and on all of Williams’ in determining the appropriate action to extraction plant planned by Aux Sable jurisdictional customers and interested be taken, but will not serve to make Liquid Products L.P. in connection with state commissions. protestants parties to the proceedings. Alliance’s pipeline. Any person desiring to protest this Copies of this filing are on file with the The purpose of Alliance’s proposed filing should file a protest with the Commission and are available for public facilities is to transport up to 1.325 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46013 billion cubic feet per day of natural gas, for the Petenwell-Castle Rock 16-foot-high, with 5-foot-high on a firm basis, produced in western Hydroelectric Project located on the flashboards including: (a) a Wingwall Canada to interconnections with Wisconsin River in Woods, Juneau, and No. 1, constructed in 1991, which existing pipeline systems in the Chicago Adams Counties near Necedah, together with Pier No. 1, is the left area. The planned Aux Sable Plant Wisconsin, and for the proposed abutment of the dam and future right would extract the natural gas liquids original major license for the Prairie du abutment of the proposed headgate that may be present in Alliance’s Sac Hydroelectric Project located on the structure (to be redeveloped in 1999), pipeline. Wisconsin River in Sauk and Columbia (b) an upper forebay wall; (c) a bridge The final EIS will be used in the Counties near Prairie du Sac, pier of Route 9 Bridge integral with the regulatory decision-making process at Wisconsin. forebay walls; and (d) a powerhouse the FERC and may be presented as The period for filing comments on the headwall penetrated by six pressure evidentiary material in formal hearings DEA is extended until September 8, cases, together with its left abutment; (2) at the FERC. While the period for filing 1998. a 167-acre impoundment with a normal interventions in this case has expired, Copies of the DEA are available for minimum and maximum elevation of motions to intervene out-of-time can be review in the Public Reference Branch, 268.6 and 269.1 feet national geodetic filed with the FERC in accordance with Room 2A of the Commission’s offices at vertical datum (NGVP), respectively, the Commission’s Rules of Practice and 888 First Street, NE., Washington, DC and a gross and usable storage capacity Procedures, 18 CFR 385.214(d). Further, 20426. of 1,083 acre-feet; (3) a concrete anyone desiring to file a protest with the Comments filed should be addressed headgate structure with eight 7.5-foot- FERC should do so in accordance with to David P. Boergers, Secretary, Federal wide and 12-foot-high wooden slide 18 CFR 385.211 Energy Regulatory Commission, 888 gates that control flow to the power The final EIS has been placed in the First Street, NE., Washington, DC 20426. canal; (4) a 550-foot-long, 80-foot-wide, public files of the FERC and is available Please affix Project No. 1984–056 to all and 21 to 37-foot-deep power canal that for public inspection at: Federal Energy comments on the Petenwell-Castle Rock supplies water to the powerhouse and to Regulatory Commission, Public Project, and Project No. 11162–002 to all a paper mill; (5) a 98-foot by 136-foot Reference and Files Maintenance comments on the Prairie du Sac Project. reinforced concrete powerhouse located Branch, 888 First Street, N.E., Room 2A, For further information, please contact in the FPC paper mill containing five Washington, DC 20426, (202) 208–1371. Peter A. Leitzke at (202) 219–2803. horizontal Francis turbines and A limited number of copies are Linwood A. Watson, Jr., generators with an installed capacity of available from Public Reference and Acting Secretary. 12.09 mega-watts, hydraulic capacity of Files Maintenance Branch identified 4,465 cubic feet per second (cfs), and [FR Doc. 98–23112 Filed 8–27–98; 8:45 am] above. In addition, the final EIS has design head of 46 feet; (6) five-arch been mailed to Federal, state, and local BILLING CODE 6717±01±M tailrace tunnels of which two are agencies; public interest groups; interconnected that exit the powerhouse individuals who requested a copy of the DEPARTMENT OF ENERGY on the south side of the mill; (7) a 34.5 final EIS; libraries; newspapers; and kV transmission line connected to the parties to this proceeding. Federal Energy Regulatory NiMo power grid; and (8) appurtenant Additional information about the Commission structures. proposed project is available from Paul The existing dam is owned by Finch, McKee in the Commission’s Office of Notice of Application Ready for Pruyn, Company (FPC) and Niagara External Affairs, at (202) 208–1088. Environmental Analysis Mohawk Power Corporation (NiMo). Linwood A. Watson, Jr., FPC owns gates 6 and 7 and NiMo owns Acting Secretary. August 24, 1998. gates (1 through 5). All other elements [FR Doc. 98–23159 Filed 8–27–98; 8:45 am] Take notice that the following of the facility are exclusively owned by hydroelectric application has been filed FPC. A Commission consent order dated BILLING CODE 6717±01±M with the Commission and is available November 13, 1991, required NiMo and for public inspection: FPC to rehabilitate the dam at Glens DEPARTMENT OF ENERGY a. Type of Application: New Major Falls. Subsequent to the order, NiMo License. leased its holdings to Adirondack Hydro Federal Energy Regulatory b. Project No.: 2385–002. Development Corporation (ADHC), the Commission c. Date filed: December 4, 1991. licensee of the South Glens Falls d. Applicant: Finch, Pruyn, and Hydroelectric Project No. 5461. [Project No. 1984±056 Wisconsin; Project Company, Inc. No. 11162±002 Wisconsin] Reconstruction of the dam included 121 e. Name of Project: Glens Falls feet of the north section (including gate Wisconsin River Power Company; Project. bays 6 and 7) owned by FPC. The only Wisconsin Power and Light Company; f. Location: On the Hudson River in portion of the dam remaining to be Notice Extending Comment Period for Warren and Saratoga Counties, New rehabilitated is the FPC power canal Draft Environmental Assessment York. headgate structure. FPC intends to g. Filed Pursuant to: Federal Power complete rehabilitation of this feature in August 24, 1998. Act 16 USC 791(a)–825(R). 1999. ADHC and FPC equally share the On June 23, 1998, in accordance with h. Applicant Contact: Mr. David P. use of the river flows up to plant the National Environmental Policy Act Manny, Finch, Pruyn, and Company, capacities. River flows above 5,565 cfs of 1969 and the Federal Energy Inc., 1 Glen Street, Glens Falls, NY are spilled over the dam under existing Regulatory Commission’s 12801–0396, (518) 793–2541. project conditions when both FPC and (Commission’s) regulations, 18 CFR Part i. FERC Contact: John McEachern ADHC are operating. 380 (Order No. 486, 52 F.R. 47897), the (202) 219–3056. k. Status of Environmental Analysis: Office of Hydropower Licensing issued j. Description of Project: The project This application is now ready for a Draft Environmental Assessment consists of: (1) a portion of a seven-gate environmental analysis—see attached (DEA) for a proposed new major license barrage-type dam that is 468-foot long, paragraph D9. 46014 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

l. Deadline for comments, through 385.2005. All comments, ENVIRONMENTAL PROTECTION recommendations, terms and recommendations, terms and AGENCY conditions, and prescriptions: See conditions, or prescriptions must set [FRL±6153±7] paragraph D9. forth their evidentiary basis and m. This notice also consists of the otherwise comply with the requirements Proposed Settlement Agreement, following standard paragraphs: A4 and of 18 CFR 4.34(b). Any of these Clean Air Act Citizen Suit D9. documents must be filed by providing n. Available Locations of Application: the original and the number of copies AGENCY: Environmental Protection A copy of the application is available for required by the Commission’s Agency. inspection and reproduction at the regulations to: The Secretary, Federal ACTION: Notice of proposed settlement; Commission’s Public Reference and Energy Regulatory Commission, 888 request for public comment. Files Maintenance Branch, located at First Street, NE., Washington, DC 20426. SUMMARY: 888 First Street NW., Washington, DC An additional copy must be sent to In accordance with section 113(g) of the Clean Air Act, as amended 20426, or by calling (202) 208–1371. A Director, Office of Hydropower (‘‘Act’’), 42 U.S.C. 7413(g), notice is copy is also available for inspection and Licensing, Federal Energy Regulatory hereby given of a proposed partial reproduction at the address shown in Commission, at the above address. Each consent decree, which was lodged with item h. filing must be accompanied by proof of the United States Dist4ict County for the A4. Development Application— service on all persons listed on the Northern District of California by the Public notice of the filing of the initial service list prepared by the Commission United States Environmental Protection development application, which has in this proceeding, in accordance with Agency (‘‘EPA’’) on August 3, 1998, to already been given, established the due 18 CFR 4.34.(b), and 385.2010. date for filing competing applications or address a lawsuit filed by the Sierra notices of intent. Under the Linwood A. Watson, Jr., Club. This lawsuit, which was filed Commission’s regulations, any Acting Secretary. pursuant to section 304(a) of the Act, 42 competing development application [FR Doc. 98–23114 Filed 8–27–98; 8:45 am] U.S.C. 7604(a), addresses EPA’s alleged must be filed in response to and in BILLING CODE 6717±01±M failure to meet mandatory deadlines for compliance with public notice of the acting on certain State Implementation initial development application. No Plan (‘‘SIP’’) submissions for the San competing applications or notices of Francisco Bay Area under section 110 of intent may be filed in response to this ENVIRONMENTAL PROTECTION the Act, 42 U.S.C. 7410. The proposed notice. AGENCY partial consent decree provides that the D9. Filing and Service and Administrator shall take action on Responsive Documents—The [FRL±6153±8] certain of these rules in accordance with application is ready for environmental the schedule set forth therein. analysis at this time, and the Agency Information Collection EPA is also giving notice and Commission is requesting comments, Activities; Correction soliciting public comment on an reply comments, recommendations, accompanying proposed partial terms and conditions, and prescriptions. AGENCY: Environmental Protection settlement agreement resolving the The Commission directs, pursuant to Agency. remaining claims in the Sierra Club’s Section 4.34(b) of the Regulations (see ACTION: Notice; correction. Compliant. This partial settlement Order No. 533, issued May 8, 1991, 56 agreement provides that the FR 23108, May 20, 1991) that all SUMMARY: The Environmental Protection Administrator shall take action on two comments, recommendations, terms and Agency published a document in the additional rules within a specified time conditions, and prescriptions Federal Register of August 7, 1998, period. concerning the application be filed with concerning request for comments on For a period of thirty (30) days the Commission within 60 days from specific aspects of the information following the date of publication of this the issuance date of this notice. All collection activities for the EPA Worker document, the Agency will receive reply comments must be filed with the Protection Standard for Hazardous written comments relating to the Commission within 105 days from the Waste Operations and Emergency proposed partial consent decree and date of this notice. Response. The document contained an partial settlement agreement from Anyone may obtain an extension of incorrect date. persons who were not named as parties time for these deadlines from the or interveners to the litigation in Commission only upon a showing of DATES: Comments must be submitted on question. EPA or the Department of good cause or extraordinary or before October 6, 1998. Justice may withdraw or withhold circumstances in accordance with 18 FOR FURTHER INFORMATION CONTACT: consent to the proposed partial consent CFR 385.2008. Sella M. Burchette, (732) 321–6726. decree if the comments disclose facts or All filings must (1) bear in all capital considerations that indicate that such letters the title ‘‘COMMENTS’’ ‘‘REPLY Correction consent is inappropriate, improper, COMMENTS’’, In the Federal Register issue of inadequate, or inconsistent with the ‘‘RECOMMENDATIONS’’, ‘‘TERMS August 7, 1998, in FR Doc. 07au98–100, requirements of the Act. Unless EPA or AND CONDITIONS’’, or on page 42396, correct the ‘‘Dates’’ the Department of Justice determine, PRESCRIPTIONS’’; (2) set forth in the caption to read: following the comment period, that heading the name of the applicant and consent is inappropriate, the final the project number of the application to Dated: August 17, 1998. partial consent decree and partial which the filing responds; (3) furnish Stephen D. Luftig, settlement agreement will establish the name, address, and telephone Director, Office of Emergency and Remedial deadlines for specific actions under number of the person submitting the Response. section 110 of the Act. filing; and (4) otherwise comply with [FR Doc. 98–23206 Filed 8–27–98; 8:45 am] A copy of the proposed partial the requirements of 18 CFR 385.2001 BILLING CODE 6560±50±P consent decree was lodged with the Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46015

Clerk of the United States District6 EIS No. 980324, Draft EIS, DOE, TN, AL, ENVIRONMENTAL PROTECTION Court for the Northern District of Commercial Light Water Reactor for AGENCY California on August 3, 1998. copies of the Production of Tritium at one or [ER±FRL±5494±9] the proposed partial consent decree and more Facilities: Watts Bar 1., Spring proposed partial settlement agreement City, TN; Sequoyah 1 and 2 Soddy Environmental Impact Statements and are available from Yvonne Fong, Air Daisy, TN; Bellefonte Unit 1 and 2, Regulations; Availability of EPA Division (A–4), U.S. Environmental Hollywood, AL, Approval of Permits Comments Protection Agency, Region IX, 75 and Licenses, TN and AL, Due: Hawthorne Street, San Francisco, CA October 27, 1998, Contact: Jay Rose Availability of EPA comments 94105, (415) 744–1199. Written (202) 586–5484 prepared July 27, 1998 Through July 31, comments should be sent to Yvonne 1998 pursuant to the Environmental Fong at the address above and must be EIS No. 980325, Final EIS, AFS, CO, Review Process (ERP), under Section submitted on or before September 28, North Fork Salvage Timber Analysis 309 of the Clean Air Act and Section 1998. Area, Implementation, Medicine Bow- 102(2)(c) of the National Environmental Routt National Forest, Routt County, Dated: August 24, 1998. Policy Act as amended. Requests for CO, Due: September 28, 1998, Scott C. Fulton, copies of EPA comments can be directed Contact: Sherry Reed (970) 879–1870. to the Office of Federal Activities at Acting General Counsel. (202) 260–5076. An explanation of the [FR Doc. 98–23212 Filed 8–27–98; 8:45 am] EIS No. 980326, Draft EIS, USN, HI, Barbers Point Naval Air Station, ratings assigned to draft environmental BILLING CODE 6560±50±M Disposal and Reuse of Land Facilities, impact statements (EISs) was published HI, Due: October 12, 1998, Contact: in FR dated April 10, 1998 (62 FR 17856). ENVIRONMENTAL PROTECTION Fred Minato (808) 471–9338. AGENCY EIS No. 980327, Draft EIS, USN, CA, HI, Draft EISs [ER±FRL±5494±8] WA, Developing Home Port Facilities ERP No. D–AFS–J60017–CO For Three NIMITZ-Class Aircraft Environmental Impact Statements; Carriers in Support of the U.S. Pacific Rating EO2, Fraser Valley Loop Notice of Availability Fleet, Construction and Operation, Transmission Line Project, Construction, Operation, Associated Coronado, CA; Pearl Harbor, HI; Responsible Agency: Office of Federal Operations and Maintenance Activities, Bremerton and Everett, WA, Due: Activities, General Information (202) Approval of Permits, Arapaho and 564–7167 or (202) 564–7153. October 12, 1998, Contact: John Coon Roosevelt National Forests, Grand Weekly receipt of Environmental (888) 428–6440. County, CO. Impact Statements Filed August 17, EIS No. 980328, Draft EIS, NPS, MT, Summary: EPA expressed 1998 Through August 21, 1998 Pursuant Glacier National Park, General environmental objections to the to 40 CFR 1506.9. Management Plan, Implementation, proposed action based on potential EIS No. 980320, Final EIS, FHW, WI, Waterton Glacier International Peace adverse impacts to wildlife and WI–STH–11 Janesville Bypass (West) Park, Lake National Park, Flathead inadequate impact analysis. Transportation Improvements, and Glacier, MT, Due: November 30, Summary: ERP No. D–AFS–J65251– between Dubuque, Iowa, and the 1998, Contact: Christina Anderson CO Rating LO, Arapaho and Roosevelt Raccine/Kenosha urban area, WI– (406) 888–7911. National Forests and Pawnee National STH–11 is the major link to IH–90, Grassland, Implementation, Land and EIS No. 980329, Draft EIS, COE, RI, Funding and COE Section 404 Permit, Resource Management Plan, Boulder, Rock County, WI, Due: September 28, Providence River and Harbor Clear Creek, Gilpin, Grand, Larimer and 1998, Contact: Richard Madzak (608) Maintenance Dredging Project, To Weld Counties, CO. 829–7510. Restore the Navigation Efficiency, Summary: EPA expressed a lack of EIS No. 980321, Draft EIS, COE, WY, Providence River Shipping Channel, objections to the proposed action as Lake Snake Supplemental Irrigation Narragansett Bay, R.I., Due: October currently formulated in the DEIS. Water Supply Project, Construction, 18, 1998, Contact: Edward O’Donnell Right-of-Way Permit and COE Section (978) 318–8375. ERP No. D–AFS–L61220–OR 404 Permit, Carbon County, WY, Due: Rating EC2, Christy Basin Planning Amended Notices October 12, 1998, Contact: Patsy Area, Implementation, Regeneration Freeman (402) 221–3803. EIS No. 980239, Draft EIS, BLM, AZ, Timber Harvesting, Willamette National EIS No. 980322, Final EIS, DOE, CO, Yarnell Gold Mining Project, Forest, Oakridge Ranger District, Lane Rocky Flats Environmental Construction and Operation an Open- County, OR. Technology Site Management of pit Gold Mine and Ore Processing Summary: EPA expressed Certain Plutonium Residues and Srub Facility, Yavapai County, AZ, Due: environmental concerns with the Alloy Stored, Golden, CO, Due: September 30, 1998, Contact: Connie proposed action due to potential impact October 12, 1998, Contact: Charles Stone (602) 580–5517. Published FR to water quality, habitat fragmentation Head (202) 586–5151. (incidental take of spotted owl habitat) 06–26–98—Review Period extended. EIS No. 980323, Final EIS, COE, WI, Fox and air quality impacts. EPA suggests River Project, Navigation System, Dated: August 24, 1998. the final EIS address source water Operation and Maintenance, from William D. Dickerson, assessment and protection and air DePere to Menasha; Four Harbors on Director, NEPA Compliance Division, Office quality impacts. Lake Winnebago; Channels on the of Federal Activities. ERP No. D–AFS–L65303–WA Upper Fox River from Lake [FR Doc. 98–23244 Filed 8–27–98; 8:45 am] Winnebago, WI, Due: September 28, Rating EC1, I–90 Land Exchange 1998, Contact: Florence Bissell (313) BILLING CODE 6560±50±P between Forest Service and Plum Creek, 226–3510. within the Vicinity of the Wenatchee, 46016 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Mt. Baker-Snoqualmie and Gifford (NAC) to the U.S. Government (NAC) to the U.S. Government Pinchot National Forests, Kittitas, King, Representative to the Commission for Representative to the Commission for Pierce, Lewis and Cowlitz and Environmental Cooperation (CEC). Environmental Cooperation (CEC). Skamania Counties, WA. The Committee is established within The Committee is established within Summary: EPA expressed the U.S. Environmental Protection the U.S. Environmental Protection environmental concerns relating to Agency (EPA) to advise the Agency (EPA) to advise the adverse cumulative impacts to the Administrator of the EPA in her Administrator of the EPA in her Green River watershed resulting in the capacity as the U.S. Representative to capacity as the U.S. Representative to reduction of old growth and loss of the CEC. The Committee is authorized the CEC. The Committee is authorized critical habitat for marbled murrelet. under Article 18 of the North American under Article 17 of the North American Agreement on Environmental Agreement on Environmental ERP No. D–COE–C39011–NJ Cooperation, and the North American Cooperation, and the North American Rating EC2, Brigantine Inlet to Great Free Trade Agreement Implementation Free Trade Agreement Implementation Egg Harbor Inlet Feasibility Study, Act (NAFTA), Pub. L. 103–182. Federal Act (NAFTA), Pub. L. 103–182. Federal Storm Damage Reduction Project, New government responsibilities relating to government responsibilities relating to Jersey Shore Protection, City of the committee are set forth in Executive the committee are set forth in Executive Brigantine, Brigantine Island, Along the Order 12915, entitled ‘‘Federal Order 12915, entitled ‘‘Federal Atlantic Coast, NJ. Implementation of the North American Implementation of the North American Summary: EPA expressed Agreement on Environmental Agreement on Environmental environmental concerns with the Cooperation. The Committee is Cooperation. The Committee is potential cumulative impacts associated responsible for providing advice to the responsible for providing advice to the with this and the other erosion/storm U.S. Representative on implementation U.S. Representative on implementation damage protection projects in New and further elaboration of the and further elaboration of the Jersey. EPA recommended that agreement. agreement. additional information be presented in The Committee consists of 12 The Committee consists of 12 the final EIS to address this issue. independent representatives drawn independent representatives drawn ERP No. DC–COE–E36013–MS from state, local and tribal governments. from among environmental groups, DATES: business and industry, public policy Rating EC2, Mississippi River and The Committee will meet on October 1 and 2, 1998. On October 1, organizations and educational Tributaries Flood Control Plan, To institutions. Construct the Remaining portion of the Committee will meet from 8:30 a.m. DATES: The Committee will meet on Mississippi river Mainline Levees to 5:30 p.m. On October 2, the October 1, and 2, 1998. On October 1, Enlargement and Seepage Control, Committee will meet from 8:00 a.m. the Committee will meet from 8:30 a.m. Flood Protection and Damage until 3:30 p.m. until 5:30 p.m. On October 2, the Reduction, Lower Mississippi River ADDRESSES: The Marriott Courtyard Committee will meet from 8:00 a.m. Valley, Cape Girardeau, MO, Il, KY, TN, Hotel, 2899 Jefferson Davis Highway, until 3:30 p.m. AR and MS. Arlington, VA 22202. The meeting is Summary: EPA expressed open to the public, with limited seating ADDRESSES: The Marriott Courtyard environmental concerns with the on a first-come, first-served basis. Hotel, 2899 Jefferson Davis Highway, assumptions/procedures used in FOR FURTHER INFORMATION CONTACT: Arlington, VA 22202. The meeting is determining overall project impacts and Mr. Robert Hardaker, Designated open to the public, with limited seating methods for mitigatiing unavoidable Federal Officer, U.S. EPA, Office of on a first-come, first-served basis. losses of wetlands. Cooperative Environmental FOR FURTHER INFORMATION CONTACT: Mr. Management, telephone 202–260–2477. Robert Hardaker, Designated Federal Dated: August 24, 1998. Officer, U.S. EPA, Office of Cooperative William D. Dickerson, Dated: August 19, 1998. Robert Hardaker, Environmental Management, telephone Director, NEPA Compliance Division, Office 202–260–2477. of Federal Activities. Designated Federal Officer, Governmental [FR Doc. 98–23245 Filed 8–27–98; 8:45 am] Advisory Committee. Dated: August 19, 1998. BILLING CODE 6560±50±P [FR Doc. 98–23211 Filed 8–27–98; 8:45 am] Robert Hardaker, BILLING CODE 6560±50±M Designated Federal Officer, National Advisory Committee ENVIRONMENTAL PROTECTION [FR Doc. 98–23209 Filed 8–27–98; 8:45 am] AGENCY ENVIRONMENTAL PROTECTION BILLING CODE 6560±50±M AGENCY [FRL±6153±6] [FRL±6153±5] Governmental Advisory Committee to ENVIRONMENTAL PROTECTION the U.S. Representative to the National Advisory Committee to the AGENCY Commission for Environmental U.S. Representative to the Commission [OPP±30459; FRL±6024±6] Cooperation for Environmental Cooperation Certain Companies; Applications to AGENCY: AGENCY: Environmental Protection Environmental Protection Register Pesticide Products Agency (EPA). Agency (EPA). ACTION: Notice. ACTION: Notice. AGENCY: Environmental Protection Agency (EPA). SUMMARY: Pursuant to the Federal SUMMARY: Pursuant to the Federal ACTION: Notice. Advisory Committee Act (Pub. L. 92– Advisory Committee Act (Pub. L. 92– 463), the U.S. Environmental Protection 463), the U.S. Environmental Protection SUMMARY: This notice announces receipt Agency (EPA) gives notice of a meeting Agency (EPA) gives notice of a meeting of applications to register pesticide of the National Advisory Committee of the National Advisory Committee products containing new active Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46017 ingredients not included in any I. Products Containing Active electronic form must be identified by previously registered products pursuant Ingredients Not Included In Any the docket number [OPP–30459]. to the provisions of section 3(c)(4) of the Previously Registered Products Electronic comments on this notice may Federal Insecticide, Fungicide, and 1. File Symbol: 71091–R. Applicant: be filed online at many Federal Rodenticide Act (FIFRA), as amended. American Minerals, Inc., 901 E. Eighth Depository Libraries. DATES: Written comments must be Avenue, Suite 200, King of Prussia, PA Authority: 7 U.S.C. 136. submitted by September 28, 1998. 19406. Product Name: Mag-Shield. Repellent. Active ingredient: List of Subjects ADDRESSES: By mail, submit written Magnesium oxide 45%. Proposed Environmental protection, Pesticides comments identified by the document classification/Use: General. For and pest, Product registration. control number [OPP–30459] and the repellency and control of imported red Dated: August 17, 1998. file symbols to: Public Information and fire ants in nonfood areas including Records Intregrity Branch, Information grasses, sports fields, golf courses, right- Janet L. Andersen, Resources and Services Division of-ways, recreational areas and lawns. Director, Biopesticides and Pollution (7502C), Office of Pesticide Programs, 2. File Symbol: 69969–R. Applicant: Prevention Division, Office of Pesticide Environmental Protection Agency, 401 Environmental Biocontrol International, Programs. 3521 Silverside Road, Suite 1-L, M St., SW., Washington, DC 20460. In [FR Doc. 98–23085 Filed 8–27–98; 8:45 am] Wilmington, DE 19810. Product Name: person, bring comments to: BILLING CODE 6560±50±F Environmental Protection Agency, Rm. Flight Control. Bird Repellent. Active 119, CM #2, 1921 Jefferson Davis Hwy., ingredient: Anthraquinone (9,10- Arlington, VA. anthracenedione) 50%. Proposed ENVIRONMENTAL PROTECTION classification/Use: General. For use to AGENCY Comments and data may also be repel bird species at commercial sites, submitted electronically to: opp- industrial, or in other developed urban [PF±829; FRL±6024±4] [email protected]. Follow the areas. instructions under ‘‘SUPPLEMENTARY Notice of approval or denial of an Notice of Filing of Pesticide Petitions INFORMATION.’’ No Confidential application to register a pesticide AGENCY: Environmental Protection Business Information (CBI) should be product will be announced in the Agency (EPA). submitted through e-mail. Federal Register. The procedure for ACTION: Notice. Information submitted as a comment requesting data will be given in the concerning this notice may be claimed Federal Register if an application is SUMMARY: This notice announces the confidential by marking any part or all approved. initial filing of a pesticide petition of that information as CBI. Information Comments received within the proposing the establishment of specified time period will be considered so marked will not be disclosed except regulations for residues of certain before a final decision is made; in accordance with procedures set forth pesticide chemicals in or on various comments received after the time in 40 CFR part 2. A copy of the food commodities. specified will be considered only to the DATES: Comments, identified by the comment that does not contain CBI extent possible without delaying docket control number PF–829, must be must be submitted for inclusion in the processing of the application. received on or before September 28, public record. Information not marked II. Public Record and Electronic 1998. confidential may be disclosed publicly ADDRESSES: By mail submit written Submissions by EPA without prior notice. The public comments to: Public Information and docket is available for public inspection The official record for this notice, as Records Integrity Branch (7502C), in Rm. 119 at the Virginia address given well as the public version, has been Information Resources and Services above, from 8:30 a.m. to 4 p.m., Monday established for this notice under docket Division, Office of Pesticides Programs, through Friday, excluding holidays. number [OPP–30459] (including Environmental Protection Agency, 401 comments and data submitted M St., SW., Washington, DC 20460. In FOR FURTHER INFORMATION CONTACT: By electronically as described below). A person bring comments to: Rm. 119, CM mail: Driss Benmhend, Biopesticides public version of this record, including #2, 1921 Jefferson Davis Highway, and Pollution Prevention Division printed, paper versions of electronic Arlington, VA. (7511C), Office of Pesticide Programs, comments, which does not include any Comments and data may also be Environmental Protection Agency, 401 information claimed as CBI, is available submitted electronically to: opp- M St., SW., Washington, DC 20460. for inspection from 8:30 a.m. to 4 p.m., [email protected]. Follow the Office location, telephone number, and Monday through Friday, excluding legal instructions under ‘‘SUPPLEMENTARY e-mail address: Rm. 902W37, CM #2, holidays. The official notice record is INFORMATION.’’ No confidential 1921 Jefferson Davis Highway, located at the address in ‘‘ADDRESSES’’ business information should be Arlington, VA 22202, (703 308–9525, e- at the beginning of this document. submitted through e-mail. mail: [email protected]. Electronic comments can be sent Information submitted as a comment directly to EPA at: concerning this document may be SUPPLEMENTARY INFORMATION: EPA [email protected] claimed confidential by marking any received applications as follows to part or all of that information as register pesticide products containing Electronic comments must be ‘‘Confidential Business Information’’ active ingredients not included in any submitted as an ASCII file avoiding the (CBI). CBI should not be submitted previously registered products pursuant use of special characters and any form through e-mail. Information marked as to the provision of section 3(c)(4) of of encryption. Comment and data will CBI will not be disclosed except in FIFRA. Notice of receipt of these also be accepted on disks in accordance with procedures set forth in applications does not imply a decision Wordperfect 5.1/6.1 or ASCII file 40 CFR part 2. A copy of the comment by the Agency on the applications. format. All comments and data in that does not contain CBI must be 46018 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices submitted for inclusion in the public online at many Federal Depository A. Product Identity/Chemistry record. Information not marked Libraries. 1. Identity of the pesticide and confidential may be disclosed publicly List of Subjects corresponding residues. by EPA without prior notice. All written Cinnamaldehyde is a biochemical comments will be available for public Environmental protection, pesticide with a history of safe use. inspection in Rm. 119 at the address Agricultural commodities, Food Cinnamaldehyde is classified as a GRAS given above, from 8:30 a.m. to 4 p.m., additives, Feed additives, Pesticides and substance for use as a flavoring agent on Monday through Friday, excluding legal pests, Reporting and recordkeeping food (21 CFR 182.60) and was recently holidays. requirements. exempt from the requirement of a FOR FURTHER INFORMATION CONTACT: By Dated: August 17, 1998. tolerance on mushrooms in response to Mail: Diana Horne, Biopesticides and an IR-4 petition (40 CFR 180.1156). The Pollution Prevention Division (7511C), Janet L. Andersen, petitioner has requested a waiver of all Office of Pesticide Programs, residue chemistry studies for Environmental Protection Agency, 401 Director, Biopesticides and Pollution Prevention Division, Office of Pesticide cinnamaldehyde based on the following: M St., SW., Washington, DC 20460. Programs. the application rate for cinnamaldehyde Office location, telephone number, and is very low, ranging from 0.2% to 0.5% e-mail address: Rm. 9th floor, CM #2, Summary of Petition cinnamaldehyde; as noted above, 1921 Jefferson Davis Hwy, Arlington, Petitioner summary of the pesticide cinnamaldehyde is currently used as a VA 2202, 703–308–8367, e-mail: flavoring agent for food; and, [email protected]. petition is printed below as required by section 408(d)(3) of the FFDCA. The cinnamaldehyde exhibits a low order of SUPPLEMENTARY INFORMATION: EPA has summary of the petition was prepared toxicity and a non-toxic mode of action. received a pesticide petition as follows 2. Magnitude of residue at the time of by the petitioner and represents the proposing the establishment and/or harvest and method used to determine view of the petitioner. EPA is amendment of regulations for residues the residue. A statement of why an publishing the petition summary of certain pesticide chemicals in or on analytical method for detecting and verbatim without editing it in any way. various food commodities under section measuring the levels of the pesticide The petition summary announces the 408 of the Federal Food, Drug, and residue are not needed. Since the availability of a description of the Comestic Act (FFDCA), 21 U.S.C. 346a. petitioner has requested a tolerance analytical methods available to EPA for EPA has determined that these petitions exemption, an analytical method to the detection and measurement of the contain data or information regarding detect residues is not required. the elements set forth in section pesticide chemical residues or an 408(d)(2); however, EPA has not fully explanation of why no such method is B. Mammalian Toxicological Profile evaluated the sufficiency of the needed. Acute toxicity. Cinnamaldehyde is submitted data at this time or whether IR-4 on behalf of ProGuard, Inc. practically non-toxic by either the oral the data supports granting of the or dermal route of exposure. The oral petition. Additional data may be needed PP7E4904 LD50 and dermal LD50 for before EPA rules on the petition. cinnamaldehyde are >5,000 milligrams/ EPA has received a pesticide petition The official record for this notice of kilogram (mg/kg) and >2,000 mg/kg, (PP 7E4904) from the Interregional filing, as well as the public version, has respectively. Cinnamaldehyde is also Research Project No. 4 (IR-4), Minor been established for this notice of filing minimally toxic by the inhalation route Crop Pest Management, New Jersey under docket control number PF–829] since the LC50 is >2.09 mg/L. (including comments and data Agricultural Experiment Station, Cook Cinnamaldehyde is a mild skin and eye submitted electronically as described College, P.O. Box 321, New Brunswick, irritant. below). A public version of this record, NJ 08903-0231, on behalf of ProGuard, The petitioner has requested that all including printed, paper versions of Inc. , P.O. Box 550, Suisun, CA 94585, sub-chronic, teratology, and electronic comments, which does not proposing pursuant to section 408(d) of mutagenicity testing requirements for include any information claimed as CBI, the Federal Food, Drug, and Cosmetic cinnamaldehyde be waived since this is available for inspection from 8:30 Act, 21 U.S.C. 346a(d), to amend 40 CFR substance is (i) a biochemical pesticide a.m. to 4 p.m., Monday through Friday, part 180 by establishing an exemption that shows a low order of toxicity; (ii) excluding legal holidays. The official from the requirement of a tolerance for applied at very low rates; (iii) currently record is located at the address in the biochemical pesticide used in several foods as a flavoring ‘‘ADDRESSES’’ at the beginning of this cinnamaldehyde in or on all food agent; and (iv) considered GRAS by the document. commodities. FDA. In addition, there are no reports in Electronic comments can be sent Pursuant to section 408(d)(2)(A)(i) of the published literature of any adverse directly to EPA at: the FFDCA, as amended, IR-4, on behalf health effects associated with [email protected] of ProGuard, Inc. has submitted the cinnamaldehyde. following summary of information, data Electronic comments must be and arguments in support of their C. Aggregate Exposure submitted as an ASCII file avoiding the pesticide petition. This summary was 1. Dietary exposure— Food. use of special characters and any form prepared by ProGuard, Inc. and EPA has Currently, dietary exposure to of encryption. Comment and data will not fully evaluated the merits of the cinnamaldehyde occurs from its use as also be accepted on disks in petition. The summary may have been a food-flavoring agent, and there exists Wordperfect 5.1/6.1 or ASCII file edited by EPA if the terminology used a tolerance exemption on mushrooms format. All comments and data in was unclear, the summary contained (40 CFR 180.1156. The petitioner electronic form must be identified by extraneous material, or the summary believes that this exposure is relatively the docket control number [PF–829] and was not clear that it reflected the minor since flavoring agents are added appropriate petition number. Electronic conclusion of the petitioner and not in very small quantities. Dietary comments on this notice may be filed necessarily EPA. exposure to residues of cinnamaldehyde Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46019 as a result of uses covered under this established for residues of Type of Review: Revision of a tolerance exemption petition, is also cinnamaldehyde. currently approved collection. expected to be insignificant. [FR Doc. 98–23210 Filed 8–27–98; 8:45 am] Respondents: Business and other for- 2. Drinking water. Cinnamaldehyde profit entities. BILLING CODE 6560±50±F residues in drinking water are expected Number of Respondents: 165 (155 to be minimal due to its low application notifications + 10 waiver requests). rate and its expected rapid Estimated Time Per Response: 0.5–2.0 FEDERAL COMMUNICATIONS biodegradation in soil. hours (0.5 hours/notification; 2.0 hours/ COMMISSION 3. Non-dietary exposure. There may waiver request). be minor amounts of non-dietary Notice of Public Information Frequency of Response: On occasion exposure to cinnamaldehyde from the Collection(s) Submitted to OMB for reporting requirements. use of cinnamon oil in cosmetics and Review and Approval Total Annual Burden: 98 hours. perfumes. Cinnamon oil contains 55- Cost to Respondents: $11,900 ($690 90% cinnamaldehyde. However, August 24, 1998. filing fee/request; consulting engineer cinnamon oil is also classified as a SUMMARY: The Federal Communications and attorney fees). GRAS substance for use as a flavoring Commission, as part of its continuing Needs and Uses: Section 73.1125 agent on food (21 CFR 182.10) and was effort to reduce paperwork burden requires licensees of AM, FM or TV recently exempt from pesticide invites the general public and other broadcasting stations to notify the FCC regulation under FIFRA section 25 (b) Federal agencies to take this when stations relocate their main because EPA views it as having minimal opportunity to comment on the studios. These data are used by the FCC risk. However, based on the small following information collection(s), as to assure that stations are located within amount of cinnamaldehyde and required by the Paperwork Reduction the boundaries specified in the rule. The cinnamon oil used in these instances, Act of 1995, Public Law 104–13. An data received as justification for waiver very minimal non-dietary exposure is agency may not conduct or sponsor a of Section 73.1125 will enable the FCC expected. collection of information unless it staff to determine whether the D. Cumulative Exposure displays a currently valid control circumstances are sufficient to warrant number. No person shall be subject to waiver of the main studio rules. No cumulative mode of exposure is any penalty for failing to comply with Federal Communications Commission expected. Again, the application rate a collection of information subject to the Magalie Roman Salas, and the toxicity are extremely low. Paperwork Reduction Act (PRA) that Secretary. E. Safety Determination does not display a valid control number. Comments are requested concerning: (a) [FR Doc. 98–23147 Filed 8–27–98; 8:45 am] U.S. population. The use of products whether the proposed collection of BILLING CODE 6712±01±P containing cinnamaldehyde, which is of information is necessary for the proper low toxicity and is used in such low performance of the functions of the concentrations, is compatible with Commission, including whether the FEDERAL EMERGENCY EPA’s objectives to register reduced risk information shall have practical utility; MANAGEMENT AGENCY pesticides. Based on its low toxicity, (b) the accuracy of the Commission’s there is reasonable certainty that no burden estimate; (c) ways to enhance Agency Information Collection harm will result from aggregate the quality, utility, clarity of the Activities: Proposed Collection; exposure of the U.S. population, information collected; and (d) ways to Comment Request including infants and children, to minimize the burden of the collection of residues of cinnamaldehyde. This ACTION: Notice and request for information on the respondents, comments. includes all anticipated dietary including the use of automated exposures and all other exposures for information techniques or other forms of SUMMARY: The Federal Emergency which there is reliable information. information technology. Management Agency, as part of its There is an inconsequential increase in DATES: Written comments should be continuing effort to reduce paperwork dietary exposure resulting from submitted on or before September 28, and respondent burden, invites the cinnamaldehyde application to growing 1998. If you anticipate that you will be general public and other Federal crops. Cinnamaldehyde is applied at submitting comments, but find it agencies to take this opportunity to low rates and with its proven low difficult to do so within the period of comment on proposed revised toxicity and its history of safe use, it time allowed by this notice, you should information collections. In accordance does not pose a safety concern. advise the contact listed below as soon with the Paperwork Reduction Act of F. Effects on the Immune and Endocrine as possible. 1995 (44 U.S.C. 3506(c)(2)(A)), this Systems ADDRESSES: Direct all comments to Les notice seeks comments concerning (briefly describe the proposed collection There is no evidence to suggest that Smith, Federal Communications, Room of information). cinnamaldehyde has a negative impact 234, 1919 M St., N.W., Washington, DC on the immune system, or is active 20554 or via internet to [email protected]. SUPPLEMENTARY INFORMATION: The hormonally. FOR FURTHER INFORMATION CONTACT: For Emergency Management Institute (EMI) additional information or copies of the develops courses and administers G. Existing Tolerances information collections contact Les resident and nonresident training There is an existing tolerance Smith at 202–418–0217 or via internet programs in areas such as natural exemption for cinnamaldehyde on at [email protected]. hazards, technical hazards, instructional mushrooms (40 CFR 180.1156) SUPPLEMENTARY INFORMATION: methodology, professional OMB Approval Number: 3060–0171. development, leadership, exercise H. International Tolerances Title: Section 73.1125, Station Main design and evaluation, information There are no approved CODEX Studio Location. technology, public information, maximum residue levels (MRL’s) Form Number: N/A. integrated emergency management, and 46020 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices train-the-trainer. A significant portion of respondents are students attending EMI Abstract: Students attending the the training is conducted by State resident courses. The evaluation form Emergency Management Institute emergency management agencies under will be administered at the end of the resident program courses at FEMA’s cooperative agreements with FEMA. course and will take no more than 10 National Emergency Training Center In order to meet current information minutes to complete. Contractors will will be asked to complete a course needs of EMI staff and management, the scan the evaluation forms and generate evaluation form. The information will EMI uses this course evaluation form to the data reports using a computer be used by EMI staff and management identify problems with course materials, program developed by a FEMA program to identify problems with course delivery, facilities, and instructors. This analyst contractor. Evaluation forms are materials, evaluate the quality of the is a resident evaluation form. EMI staff destroyed in accordance with FEMA’s course delivery, facilities, and will use the information to monitor and records retention schedule. instructors. The data received will recommend changes in course materials, Collection of Information enable them to recommend changes in student selection criteria, training Title: Emergency Management course materials, student selection experience, and classroom environment. Institute Resident Course Evaluation criteria, training experience and Reports will be generated and Form. classroom environment. distributed to EMI management and Type of Information Collection: Affected Public: State, Local or Tribal staff. Without the information it will be Extension of a currently approved Government, Individuals or households, difficult to determine the need for collection. and Federal Government. improvements and the degree of student OMB Number: 3067–0237. Estimated Total Annual Burden satisfaction with each course The Form Number(s): 95–41. Hours: 667.

Number of re- Frequency of Hours per re- Annual burden FEMA forms spondents response sponse hours

(A) (B) ...... (C) ...... (A × B × C)

95±41 ...... 4,000 Annually ...... 10 minutes .. 667

Total ...... 667

Estimated Cost: $12,850 which information. Contact Ms. Anderson at and available. FEMA does not collect includes operational and user costs. (202) 646–2625 for copies of the this information from the lenders. COMMENTS: Written comments are proposed collection of information. OMB Number: 3067–0264. solicited to (a) evaluate whether the Dated: August 21, 1998. Abstract: On September 23, 1994, proposed data collection is necessary for Muriel B. Anderson, President Clinton signed the Riegle the proper performance of the agency, Acting Director, Program Services Division, Community Development and including whether the information shall Operations Support Directorate. Regulatory Improvement Act of 1994. have practical utility; (b) evaluate the [FR Doc. 98–23173 Filed 8–27–98; 8:45 am] Title V of this Act is the National Flood Insurance Reform Act (NFIRA). Section accuracy of the agency’s estimate of the BILLING CODE 6718±01±P burden of the proposed collection of 528 of the NFIRA required the information, including the validity of development of a standard form for the methodology and assumptions used; FEDERAL EMERGENCY determining whether a structure is (c) enhance the quality, utility, and MANAGEMENT AGENCY located within an identified Special clarity of the information to be Flood Hazard Area and whether flood collected; and (d) minimize the burden Agency Information Collection insurance is available. Section 528 of of the collection of information on those Activities: Submission for OMB the NFIRA also required the use of this who are to respond, including through Review; Comment Request form by regulated lending institutions, the use of appropriate automated, federal agency lenders, the Federal ACTION: Notice and request for National Mortgage Association, the electronic, mechanical, or other comments. technological collection techniques or Federal Home Loan Mortgage other forms of information technology, Corporation, and the Government SUMMARY: The Federal Emergency National Mortgage Association, for any e.g., permitting electronic submission of Management Agency has submitted the responses. Comments should be loan made, increased, extended, following proposed information renewed, or purchased by these entities. received within 60 days of the date of collection to the Office of Management this notice. FEMA, in consultation with the Federal and Budget for review and clearance in entities for lending regulation, ADDRESSES: Interested persons should accordance with the requirements of the developed this form in 1995. On July 6, submit written comments to Muriel B. Paperwork Reduction Act of 1995 (44 1995, FEMA published a final rule in Anderson, FEMA Information U.S.C. 3507). the Federal Register, establishing the Collections Officer, Federal Emergency Title: Standard Flood Hazard form. The Federal entities for lending Management Agency, 500 C Street, SW, Determination form. regulation published their final rule Room 316, Washington, DC 20472. Type of Information Collection: This requiring the use of the form on July 6, Telephone number (202) 646–2625. form is completed by federally regulated 1995. Use of the form became FAX number (202) 646–3524. lending institutions when making, mandatory on January 2, 1996. FOR FURTHER INFORMATION CONTACT: increasing, extending, renewing or Affected Public: This form is Contact Edwina Arnold, National purchasing each loan for the purpose of completed by federally regulated Emergency Training Center, Training documenting the factors considered as lending institutions when making, Division (301) 447–1216 for additional to whether flood insurance is required increasing, extending, renewing or Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46021 purchasing each loan for the purpose of Management Agency, Washington, DC Community Disaster Loans; 83.538, Cora documenting the factors considered as 20472, (202) 646–3260. Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services to whether flood insurance is required SUPPLEMENTARY INFORMATION: The notice Program; 83.541, Disaster Unemployment and available. of a major disaster for the State of Assistance (DUA); 83.542, Fire Suppression Number of Respondents: An Indiana, is hereby amended to include Assistance; 83.543, Individual and Family estimated 12,000,000 affected loan the following areas among those areas Grant (IFG) Program; 83.544, Public applications are processed each year. determined to have been adversely Assistance Grants; 83.545, Disaster Housing Estimated Time per Respondent: The affected by the catastrophe declared a Program; 83.548, Hazard Mitigation Grant estimated burden time for completing major disaster by the President in his Program.) the form is 20 minutes per respondent. declaration of July 22, 1998: Lacy E. Suiter, Estimated Total Annual Burden Executive Associate Director, Response and Sullivan and Wayne Counties for Public Hours: An estimated 12,000,000 loan Recovery Directorate. Assistance. transactions multiplied by 0.33 hour per [FR Doc. 98–23179 Filed 8–27–98; 8:45 am] (The following Catalog of Federal Domestic form, results in an estimated annual BILLING CODE 6718±02±P burden of approximately 4,000,000 Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, hours. Community Disaster Loans; 83.538, Cora Frequency of Response: The form is Brown Fund Program; 83.539, Crisis FEDERAL EMERGENCY required of federally regulated lending Counseling; 83.540, Disaster Legal Services MANAGEMENT AGENCY institutions when making, increasing, Program; 83.541, Disaster Unemployment [FEMA±1237±DR] extending, renewing or purchasing any Assistance (DUA); 83.542, Fire Suppression loan secured by improved real estate. Assistance; 83.543, Individual and Family Michigan; Major Disaster and Related Grant (IFG) Program; 83.544, Public COMMENTS: Interested persons are Determinations invited to submit written comments on Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant AGENCY: Federal Emergency the proposed information collection to Program.) Victoria Wassmer, Desk Officer for the Management Agency (FEMA). Lacy E. Suiter, Federal Emergency Management ACTION: Notice. Agency, Office of Information and Executive Associate Director, Response and Recovery Directorate. SUMMARY: This is a notice of the Regulatory Affairs, Office of Presidential declaration of a major Management and Budget, Washington, [FR Doc. 98–23176 Filed 8–27–98; 8:45 am] disaster for the State of Michigan DC 20503 within 30 days of the date of BILLING CODE 6718±02±P (FEMA–1237–DR), dated August 5, this notice. 1998, and related determinations. FOR FURTHER INFORMATION CONTACT: FEDERAL EMERGENCY EFFECTIVE DATE: August 5, 1998. Requests for additional information or MANAGEMENT AGENCY copies of the information collection FOR FURTHER INFORMATION CONTACT: should be made to Muriel B. Anderson, [FEMA±1230±DR] Magda Ruiz, Response and Recovery FEMA Information Collections Officer, Directorate, Federal Emergency Federal Emergency Management Iowa; Amendment No. 10 to Notice of Management Agency, Washington, DC Agency, 500 C Street, SW, Room 316, a Major Disaster Declaration 20472, (202) 646–3260. SUPPLEMENTARY INFORMATION: Notice is Washington, DC 20472. Telephone AGENCY: Federal Emergency number (202) 646–2625. FAX number Management Agency (FEMA). hereby given that, in a letter dated August 5, 1998, the President declared (202) 646–3524. ACTION: Notice. a major disaster under the authority of Dated: August 21, 1998. SUMMARY: the Robert T. Stafford Disaster Relief Muriel B. Anderson, This notice amends the notice of a major disaster for the State of Iowa, and Emergency Assistance Act (42 Acting Director, Program Services Division, U.S.C. 5121 et seq.), as follows: Operations Support Directorate. (FEMA–1230–DR), dated July 2, 1998, and related determinations. I have determined that the damage in [FR Doc. 98–23174 Filed 8–27–98; 8:45 am] EFFECTIVE DATE: August 17, 1998. certain areas of the State of Michigan, BILLING CODE 6718±01±P resulting from severe storms and high winds FOR FURTHER INFORMATION CONTACT: on July 21–22, 1998, is of sufficient severity Madge Dale, Response and Recovery and magnitude to warrant a major disaster FEDERAL EMERGENCY Directorate, Federal Emergency declaration under the Robert T. Stafford MANAGEMENT AGENCY Management Agency, Washington, DC Disaster Relief and Emergency Assistance 20472, (202) 646–3260. Act, P.L. 93–288, as amended (‘‘the Stafford [FEMA±1234±DR] SUPPLEMENTARY INFORMATION: The notice Act’’). of a major disaster for the State of Iowa, I, therefore, declare that such a major Indiana; Amendment Number 2 to disaster exists in the State of Michigan. Notice of a Major Disaster Declaration is hereby amended to include the In order to provide Federal assistance, you following areas among those areas are hereby authorized to allocate from funds AGENCY: Federal Emergency determined to have been adversely available for these purposes, such amounts as Management Agency (FEMA). affected by the catastrophe declared a you find necessary for Federal disaster ACTION: Notice. major disaster by the President in his assistance and administrative expenses. declaration of July 2, 1998: You are authorized to provide Public SUMMARY: This notice amends the notice Assistance and Hazard Mitigation in the of a major disaster for the State of Cedar, Franklin, Greene, Henry, Humboldt, designated areas and any other forms of Indiana, (FEMA–1234–DR), dated July Lucas, and Wright Counties for Individual assistance under the Stafford Act you may 22, 1998, and related determinations. Assistance. deem appropriate. Consistent with the Clayton County for Individual Assistance requirement that Federal assistance be EFFECTIVE DATE: August 13, 1998. (already designated for Public Assistance.) supplemental, any Federal funds provided FOR FURTHER INFORMATION CONTACT: (The following Catalog of Federal Domestic under the Stafford Act for Public Assistance Madge Dale, Response and Recovery Assistance Numbers (CFDA) are to be used or Hazard Mitigation will be limited to 75 Directorate, Federal Emergency for reporting and drawing funds: 83.537, percent of the total eligible costs. 46022 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

The time period prescribed for the determined to have been adversely Program; 83.548, Hazard Mitigation Grant implementation of section 310(a), affected by the catastrophe declared a Program.) Priority to Certain Applications for major disaster by the President in his Lacy E. Suiter, Public Facility and Public Housing declaration of July 7, 1998: Executive Associate Director, Response and Recovery Directorate. Assistance, 42 U.S.C. 5153, shall be for Genesee County for Public Assistance a period not to exceed six months after (already designated for Individual [FR Doc. 98–23178 Filed 8–27–98; 8:45 am] the date of this declaration. Assistance). BILLING CODE 6718±02±P Notice is hereby given that pursuant (The following Catalog of Federal Domestic to the authority vested in the Director of Assistance Numbers (CFDA) are to be used the Federal Emergency Management for reporting and drawing funds: 83.537, FEDERAL MARITIME COMMISSION Agency under Executive Order 12148, I Community Disaster Loans; 83.538, Cora hereby appoint William Powers of the Brown Fund Program; 83.539, Crisis Notice of Agreement(s) Filed Federal Emergency Management Agency Counseling; 83.540, Disaster Legal Services to act as the Federal Coordinating Program; 83.541, Disaster Unemployment The Commission hereby gives notice Officer for this declared disaster. Assistance (DUA); 83.542, Fire Suppression of the filing of the following Assistance; 83.543, Individual and Family agreement(s) under the Shipping Act of I do hereby determine the following Grant (IFG) Program; 83.544, Public areas of the State of Michigan to have 1984. Assistance Grants; 83.545, Disaster Housing Interested parties can review or obtain been affected adversely by this declared Program; 83.548, Hazard Mitigation Grant copies of agreements at the Washington, major disaster: Program.) DC offices of the Commission, 800 Macomb and Wayne for Public Assistance. Lacy E. Suiter, North Capitol Street, NW, Room 962. All counties within the State of Executive Associate Director, Response and Interested parties may submit comments Recovery Directorate. Michigan are eligible to apply for on an agreement to the Secretary, assistance under the Hazard Mitigation [FR Doc. 98–23177 Filed 8–27–98; 8:45 am] Federal Maritime Commission, Grant Program. BILLING CODE 6718±02±P Washington, DC 20573, within 10 days of the date this notice appears in the (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Federal Register. FEDERAL EMERGENCY Agreement No.: 224–201005–002 for reporting and drawing funds: 83.537, MANAGEMENT AGENCY Community Disaster Loans; 83.538, Cora Title: Oakland Hyundai Terminal Use Brown Fund Program; 83.539, Crisis Agreement Counseling; 83.540, Disaster Legal Services [FEMA±1233±DR] Parties: Program; 83.541, Disaster Unemployment City of Oakland, Board of Port Assistance (DUA); 83.542, Fire Suppression New York; Amendment No. 4 to Notice Commissioners Assistance; 83.543, Individual and Family of a Major Disaster Declaration Hyundai Merchant Marine Co. Ltd. Grant (IFG) Program; 83.544, Public Synopsis: The proposed amendment Assistance Grants; 83.545, Disaster Housing AGENCY: Federal Emergency suspends the agreement during Program; 83.548, Hazard Mitigation Grant Management Agency (FEMA). Hyundai’s use of berth 30 at the Port Program) ACTION: Notice. of Oakland as a secondary user under James L. Witt, Terminal Agreement 224–200563 Director. SUMMARY: This notice amends the notice between Oakland and Transpacific [FR Doc. 98–23175 Filed 8–27–98; 8:45 am] of a major disaster for the State of New Container Service Corporation BILLING CODE 6718±02±P York, (FEMA–1233–DR), dated July 7, Dated: August 24, 1998. 1998, and related determinations. By order of the Federal Maritime EFFECTIVE DATE: August 11, 1998. Commission. FEDERAL EMERGENCY MANAGEMENT AGENCY FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, Madge Dale, Response and Recovery Secretary. [FEMA±1233±DR] Directorate, Federal Emergency [FR Doc. 98–23096 Filed 8–27–98; 8:45 am] Management Agency, Washington, DC BILLING CODE 6730±01±M New York; Amendment No. 5 to Notice 20472, (202) 646–3260. of a Major Disaster Declaration SUPPLEMENTARY INFORMATION: The notice AGENCY: Federal Emergency of a major disaster for the State of New FEDERAL RESERVE SYSTEM Management Agency (FEMA). York, is hereby amended to include the ACTION: Notice. following area among those areas Formations of, Acquisitions by, and determined to have been adversely Mergers of Bank Holding Companies SUMMARY: This notice amends the notice affected by the catastrophe declared a The companies listed in this notice of a major disaster for the State of New major disaster by the President in his have applied to the Board for approval, York, (FEMA–1233–DR), dated July 7, declaration of July 7, 1998: pursuant to the Bank Holding Company 1998, and related determinations. Allegany County for Public Assistance. Act of 1956 (12 U.S.C. 1841 et seq.) EFFECTIVE DATE: August 12, 1998. (The following Catalog of Federal Domestic (BHC Act), Regulation Y (12 CFR Part FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used 225), and all other applicable statutes Madge Dale, Response and Recovery for reporting and drawing funds: 83.537, and regulations to become a bank Directorate, Federal Emergency Community Disaster Loans; 83.538, Cora holding company and/or to acquire the Management Agency, Washington, DC Brown Fund Program; 83.539, Crisis assets or the ownership of, control of, or 20472, (202) 646–3260. Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment the power to vote shares of a bank or SUPPLEMENTARY INFORMATION: The notice Assistance (DUA); 83.542, Fire Suppression bank holding company and all of the of a major disaster for the State of New Assistance; 83.543, Individual and Family banks and nonbanking companies York, is hereby amended to include the Grant (IFG) Program; 83.544, Public owned by the bank holding company, following area among those areas Assistance Grants; 83.545, Disaster Housing including the companies listed below. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46023

The applications listed below, as well assets of a company, including the involving individual Federal Reserve as other related filings required by the companies listed below, that engages System employees. Board, are available for immediate either directly or through a subsidiary or 2. Any matters carried forward from a inspection at the Federal Reserve Bank other company, in a nonbanking activity previously announced meeting. indicated. The application also will be that is listed in § 225.28 of Regulation CONTACT PERSON FOR MORE INFORMATION: available for inspection at the offices of Y (12 CFR 225.28) or that the Board has Lynn S. Fox, Assistant to the Board; the Board of Governors. Interested determined by Order to be closely 202–452–3204. persons may express their views in related to banking and permissible for writing on the standards enumerated in bank holding companies. Unless SUPPLEMENTARY INFORMATION: You may the BHC Act (12 U.S.C. 1842(c)). If the otherwise noted, these activities will be call 202–452–3206 beginning at proposal also involves the acquisition of conducted throughout the United States. approximately 5 p.m. two business days a nonbanking company, the review also Each notice is available for inspection before the meeting for a recorded includes whether the acquisition of the at the Federal Reserve Bank indicated. announcement of bank and bank nonbanking company complies with the The notice also will be available for holding company applications standards in section 4 of the BHC Act. inspection at the offices of the Board of scheduled for the meeting; or you may Unless otherwise noted, nonbanking Governors. Interested persons may contact the Board’s Web site at http:// activities will be conducted throughout express their views in writing on the www.bog.frb.fed.us for an electronic the United States. question whether the proposal complies announcement that not only lists Unless otherwise noted, comments with the standards of section 4 of the applications, but also indicates regarding each of these applications BHC Act. procedural and other information about must be received at the Reserve Bank Unless otherwise noted, comments the meeting. indicated or the offices of the Board of regarding the applications must be Dated: August 26, 1998. Governors not later than September 24, received at the Reserve Bank indicated Robert deV. Frierson, 1998. or the offices of the Board of Governors Associate Secretary of the Board. A. Federal Reserve Bank of Atlanta not later than September 14, 1998. (Lois Berthaume, Vice President) 104 A. Federal Reserve Bank of [FR Doc. 98–23285 Filed 8–26–98; 10:58 am] Marietta Street, N.W., Atlanta, Georgia Minneapolis (Karen L. Grandstrand, BILLING CODE 6210±01±P 30303-2713: Vice President) 90 Hennepin Avenue, 1. The Colonial BancGroup, Inc., P.O. Box 291, Minneapolis, Minnesota Montgomery, Alabama; to merge with 55480-0291: InterWest Bancorp, Reno, Nevada, and 1. Franklin Bancorp, Inc., FEDERAL TRADE COMMISSION thereby indirectly acquire InterWest Minneapolis, Minnesota; to engage de Granting of Request for Early Bank, Reno, Nevada. novo through its subsidiary, Franklin Termination of the Waiting Period B. Federal Reserve Bank of Kansas Bancorp, Inc., Minneapolis, Minnesota, Under the Premerger Notification City (D. Michael Manies, Assistant Vice in making small business administration Rules President) 925 Grand Avenue, Kansas loans, pursuant to § 225.28(b)(1) of City, Missouri 64198-0001: Regulation Y. Section 7A of the Clayton Act, 15 1. BOK Financial Corporation, Tulsa, U.S.C. 18a, as added by Title II of the Oklahoma; to acquire 100 percent of the Board of Governors of the Federal Reserve System, August 25, 1998. Hart-Scott-Rodino Antitrust voting shares of Bank of Albuquerque, Improvements Act of 1976, requires N.A., Albuquerque, New Mexico. Robert deV. Frierson, Associate Secretary of the Board. persons contemplating certain mergers Board of Governors of the Federal Reserve [FR Doc. 98–23234 Filed 8–27–98; 8:45 am] or acquisitions to give the Federal Trade System, August 25, 1998. Commission and the Assistant Attorney BILLING CODE 6210±01±F Robert deV. Frierson, General advance notice and to wait Associate Secretary of the Board. designated periods before [FR Doc. 98–23233 Filed 8–27–98; 8:45 am] FEDERAL RESERVE SYSTEM consummation of such plans. Section BILLING CODE 6210±01±F 7A(b)(2) of the Act permits the agencies, Sunshine Act Meeting in individual cases, to terminate this waiting period prior to its expiration FEDERAL RESERVE SYSTEM AGENCY HOLDING THE MEETING: Board of and requires that notice of this action be Governors of the Federal Reserve published in the Federal Register. Notice of Proposals to Engage in System. Permissible Nonbanking Activities or The following transactions were TIME AND DATE: 10:00 a.m., Wednesday, granted early termination of the waiting to Acquire Companies that are September 2, 1998. Engaged in Permissible Nonbanking period provided by law and the PLACE: Marriner S. Eccles Federal Activities premerger notification rules. The grants Reserve Board Building, 20th and C were made by the Federal Trade The companies listed in this notice Streets, N.W., Washington, D.C. 20551. Commission and the Assistant Attorney have given notice under section 4 of the STATUS: Closed. General for the Antitrust Division of the Bank Holding Company Act (12 U.S.C. MATTERS TO BE CONSIDERED: Department of Justice. Neither agency 1843) (BHC Act) and Regulation Y, (12 1. Personnel actions (appointments, intends to take any action with respect CFR Part 225) to engage de novo, or to promotions, assignments, to these proposed acquisitions during acquire or control voting securities or reassignments, and salary actions) the applicable waiting period. 46024 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATION

ET ET date Trans No. req Party name status

22±Jun±98 ...... 19983303 G The Beacon Group Energy Investment Fund. G Paul A. Sakmar. G Steel Industries, Inc. 19983324 G William Blair Capital Partners V, LP. G Shahyar Zayanderoudi. G Coverall North America, Inc. 19983345 G Iron Mountain Incorporated. G National Underground Storage, Inc. G National Underground Storage, Inc. 19983357 G Independence Blue Cross. G Med Max, Inc. G Med Max, Inc. 19983368 G Eastern Environmental Services, Inc. G Ms. Kitellen Milo. G All Waste Systems, Inc., ARB Enterprises, Inc. G Northern Recycling, Inc., All Waste Recycling, Inc. 19983370 G Zulanas Partners. G Tom W. White. G Tower Beverages of Colorado, Inc. G Tower Beverages of the Front Range, Inc. 19983375 G UBS AG. G Jordan Industries, Inc. G Diversified Wire & Cable Technologies, Inc. G Diversified Wire & Cable Techs, Inc. 19983376 G Ben Weider. G Boston Common Press Limited Partnership. G Boston Common Press Limited Partnership. 19983378 G Roger W. Stone.. G The Morgan Stanley Leveraged Equity Fund II, L.P. G Jefferson Smurfit Corporation. 19983379 G Roger W. Stone. G Jefferson Smurfit Group plc. G Jefferson Smurfit Corporation. 19983380 G Jabil Circuit, Inc. G Hewlett-Packard Company. G Hewlett-Packard Company. 19983384 G The SKM Equity Fund II, L.P. G Robert M. Potamkin. G Gold Coast Auto Mall, Inc. 19983385 G The SKM Equity Fund II, LP. G Alan H. Potamkin. G Gold Coast Auto Mall, Inc. 19983388 G HSB Group, Inc.. G Lumbermens Mutual Casualty Company. G Lumbermens Mutual Casualty Company. 19983389 G Mr. James F. Lewis. G Consolidation Capital Corporation. G Consolidation Capital Corporation. 19983390 G Consolidation Capital Coporation. G James F. Lewis. G The Lewis Companies, Inc. 19983391 G Paragon Health Network, Inc. G Rembert T. Cribb. G Summit Medical Holdings, Ltd. 19983396 G Monroe, Inc. G Merkert Enterprises, Inc., Employee Stock Ownership Trust. G Merket Enterprises, Inc. 19983410 G US West, Inc. G Time Warner Inc. G Cablevision Industries Limited Partnership. 19983413 G Michael Krupp. G Nortek, Inc. G Goldenberg Group, Inc. 19983414 G Boots & Coots International Well Control, Inc. G Royal Begeman. G Elmagco, Inc. d/b/a Baylor Company. 19983431 G USA Waste Services, Inc. G Richard C. Penfold. G C.I.D. Refuse Service, Inc./C.I.D. Landfill, Inc. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46025

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983433 G Champion Enterprises, Inc. G John Bushman. G C & J Revocable Trust, ICA Group, Inc., Investment Corp. 19983435 G Metron Technology B.V. G T.A. Kyser Co. G T.A. Kyser Co. 23±Jun±98 ...... 19983201 G Northeast Utilities. G Central Maine Power Company. G FiveCom, Inc. 19983229 G Nestle S.A. G Allsop Venture Partners III, L.P. G Innovation Medical Technologies, Inc. 19983257 G East Texas Electric Cooperative, Inc. G Entergy Corporation. G Entergy Power, Inc. 19983293 G NationsRent, Inc. G Thomas J. Watts. G Associated Rental Equipment Management Company, Inc. 19983352 G Alan J. Green. G Consolidation Capital Corporation. G Consolidation Capital Corporation. 19983355 G FirstEnergy Corp. G Gary Edwards. G Edwards Electrical & Engineering, Inc. 19983363 G The Kaufmann Fund, Inc. G Access Health, Inc. G Access Health, Inc. 19983381 G Ryder Systems, Inc. G Ronald E. Gapinske. G Truck Transerv, Inc & Northern Carriers, Inc. 19983383 G News-Press & Gazette Company. G Providence Media Partners, L.P. G Mark Twain Cablevision Limited Partnership. 19983415 G Katy Industries, Inc. G Joseph M. Wilen. G The Wilen Companies, Incorporated. 19983423 G AGCO Corporation. G Ingersoll-Rand Company. G Clark Equipment Company. 19983428 G The Elder-Beerman Stores Corp. G Stone & Thomas. G Stone & Thomas. 24±Jun±98 ...... 19983096 G E. Merck. G Pharmaceutical Resources, Inc. G Pharmaceutical Resources, Inc. 19983126 G FPIC Insurance Group, Inc. G APAA Liquidating Trust. G Anesthesiologists Professional Assurance Association Inc. 19983311 G American Heritage Life Investment Corporation. G Kentucky Home Mutual Life Insurance Company. G Keystone State Life Insurance Company. 25±Jun±98 ...... 19983161 G H.F. Johnson Distributing Trust f/b/o Samuel C. Johnson. G Hydrite Chemical Co. G U S Chemical Division of Hydrite Chemical Co. 19983193 G Tenet Healthcare Corporation. G MedPartners, Inc. G Friendly Hills Healthcare Network, Inc. 19983250 G The Potomac Group, Inc. G Clayton, Dubilier & Rice Fund V Limited Partnership. G ComCoTec, Inc. 19983264 G Total Safety, Inc. G Mine Safety Appliances, Inc. G HAZCO Services, Inc. 19983289 G Carl M. and Marie T. Bouckaert. G Jerry G. Hubbard. G Marglen Industries, Inc. 46026 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983347 G General Electric Co. G CNET, Inc. G CNET, Inc. 19983393 G United HealthCare Corporation. G Michele McNeill, Pharm.D. G Kern McNeill International Incorporated. 26±Jun±98 ...... 19982024 G Global Industrial Technologies, Inc. G AP Green Industries, Inc. G AP Green Industries, Inc. 19983093 G Questor Partners Fund, L.P. G Joseph S. Hebb. G Hebb Industries, Inc. 19983199 G Freudenberg & Co. (a German corporation). G Harry Railton. G ISC Company. 19983294 G Beverly Enterprises, Inc. G Theraphysics Corporation. G Theraphysics Corporation. 19983350 G SPS Technologies, Inc. G Terry Machine Company. G Terry Machine Company. 19983353 G C-MAC Industries, Inc. G BCE Inc. G Northern Telecom Inc. 19983364 G Front Royal, Inc. G Stephen Weicholz. G Preferred National Insurance Company. G United American Financial Services Corporation. G Americlaim Adjustment Corp. G Wycon Corporation. 19983374 G Robert L. Hulseman. G Envirodyne Industries, Inc. G Clear Shield National, Inc. 19983394 G SZ Investments, L.L.C. G David R. Hill. G Davel Communications Group. Inc. 19983399 G John F. Hulseman. G Envirodyne Industries, Inc. G Clear Shield National, Inc. 19983403 G LINC Capital, Inc. G Spectra-Physics AB. G Spectra Precision Credit Corporation. 19983407 G The Titan Corporation. G VisiCom Laboratories, Inc. G VisiCom Laboratories, Inc. 19983408 G DLJ Merchant Banking Partners II, L.P. G Donald H. Lenauer. G Custom Printing Company. 19983412 G Trans Technology Corporation. G Randy and Susan Snyder. G Aerospace Rivet Manufacturers Corporation. 19983416 G Timothy Mellon. G Pan Am Corporation, debtor-in-possession. G Pan Am Corporation, debtor-in-possession. G Pan American Properties, Inc. G EAL Asset Company No. 2, Inc. G EAL Asset Company No. 1, Inc. G Chalk's Air Bridge, Inc. G PADRE, Inc. G PAWA Holdings, Inc. G Pan American Airbridge Holdings, Inc. G Pan American World Airways, Inc. (Florida). G Pan American Airways Corp. G Pan American World Airways, Inc. (Delaware). 19983417 G Core Laboratories, N.V. G Harold D. and Betty Jo Owen, (husband and wife). G Owen Oil Tools, Inc. 19983418 G United Dominion Industries Limited. G Marvin Stults and Connie Stults. G Conveyor & Material Handling Systems, Inc. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46027

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983426 G MDU Resources Group, Inc. G Innovative Gas Services, Incorporated. G Innovative Gas Services, Incorporated. 19983432 G Chevron Corporation. G Amoco Corporation. G Amoco Oil Company. 19983436 G Details Holdings Corp. G Celerity Circuits, LLC. G Dynamic Circuits, Inc. 19983443 G Bain Capital Fund V±B, L.P. G Celerity Circuits, LLC. G Dynamic Circuits Inc. 29±Jun±98 ...... 19983186 G Monsanto Company. G Nycomed Amersham, plc. G Nycomed Puerto Rico, Inc. 19983206 G Suiza Foods Corporation. G Scangas Brothers Holdings, Inc. G Scangas Brothers Holdings, Inc. 19983335 G August von Finck. G Homestake Mining Company. G Homestake Mining Company. 19983340 G NCO Group, Inc. G MedSource, Inc. G MedSource, Inc. 19983367 Y Fortis AG S.A. Y Generale De Banque/Generale Bank. Y Generale De Banque/Generale Bank. 19983437 G Metals USA, Inc. G David T. McLeroy & Sharon McLeroy (husband and wife). G GSBS, Inc. 19983438 G Geologistics Corporation. G Amertranz Worldwide Holding Corp. G Caribbean Air Services, Inc. 19983439 G United States Filter Corporation. G Bernard B. Roth. G DeMenno-Kerdoon. 19983440 G Bernard L. Magnussen. G Republic Industries, Inc. G Anderson Lexus, Inc. 19983447 G Fleetwood Enterprises, Inc. G Wiley E. Douglas. G Eleven Subs of America's Best Homes, Inc. 19983451 G Sopal International S.A. G Vivendi. G Air & Water Technologies Corporation. 19983454 G Compagnie de Saint-Gobain. G FS Equity Partners II, L.P. G Calmar Inc. 19983456 G PharMerica, Inc. G Intergrated Health Services, Inc. G National Institutional Pharmacy Services, Inc. 19983460 G John J. Rigas. G Raymond C. Pecor, Jr. G Lake Champlain Cable Television Corporation. G Richmond Cable Television Corporation. 19983462 G Pohlad Companies. G Pepsi-Cola Puerto Rico Bottling Company. G Pepsi-Cola Puerto Rico Bottling Company. 19983463 G Lowes Corporation. G U.S.I. Holdings Corporation. G U.S.I. Holdings Corporation. 19983468 G Integrated Electrical Services, Inc. G Mark Henderson. G Mark Henderson, Inc. 19983481 G Douglas S. Schatz. G RF Power Products, Inc. G RF Power Products, Inc. 46028 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983485 G Ashland, Inc. G Edward M. Chadbourne, Jr. G Edward M. Chadbourne, Inc. 19983486 G Antah Holdings Berhad. G Derrick Corporation. G Derrick Corporation. 19983490 G CM Equity Partners, L.P. G Salient 3 Communications, Inc. G Resource Consultants, Inc. 19983492 G Samuel L. Sibert. G Tricon Blobal Restaurants Inc. G Kentucky Fried Chicken of California, Inc. 19983497 G Metals USA, Inc. G Lew B. Krausse, Jr. G Professional Metals, Inc. G Professional Metals of Kansas, Inc. 19983498 G Metals, USA, Inc. G Wilbert N. Drummond. G Professional Metals, Inc. G Professional Metals of Kansas, Inc. 30±Jun±98 ...... 19983191 G EOTT Energy Partners, L.P. G Koch Industries, Inc. G Koch Oil Company, Koch Pipeline Company, L.P. 19983448 G W. Don Cornwell. G James J. Gabbert. G Pacific FM, Inc. 01±Jul±98 ...... 19983358 G Reliance Steel & Aluminum Co. G Chatham Steel Corporation. G Chatham Steel Corporation. 02±Jul±98 ...... 19983284 G Mitsubishi Chemical Corporation. G Hoechst Aktiengesellschaft. G Hoechst Diafoil Company. 19983320 G Southern Micrographix Company LLC. G Anacomp, Inc. G Anacomp, Inc. 19983377 G Gregory M. Demers. G Richard L. Padula. G Coastal Forestlands, Ltd. 19983406 G Delco Remy International, Inc. G Alma Piston Company. G Alma Piston Company. 19983422 G IXC Communications, Inc. G NYSERNet, Inc. G AppliedTheory Communications, Inc. 19983427 G American International Group, Inc. G Transatlantic Holdings, Inc. G Transatlantic Holdings, Inc. 19983429 G Petroleum Geo-Services ASA. G Acadian Geophysical Services, Inc. G Acadian Geophysical Services, Inc. 19983430 G Madison River Telephone Company, LLC. G Sprint Corporation. G Central Telephone Company of Illinois; The Cendon. 19983445 G Total Rental Care Holdings, Inc. G Nelson R. Shaller. G International Health Specialists, Incorporated. G IHS of New York, Inc. G Renac, Inc. 19983450 G Wolters Kluwer nv. G Plenum Publishing Corporation. G Plenum Publishing Corporation. 19983452 G Tyco International Ltd. G Waste Management, Inc. G Rust Environment and Infrastructure, Inc. 19983472 G Fiat S.p.A. G Meridian Technologies Inc. G Meridian Technologies Inc. 19983479 G George K. Baum Capital Partners, L.P. G MAC Equipment, Inc. G MAC Equipment, Inc. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46029

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983495 G Nationwide Mutual Insurance Company. G Allied Mutual Insurance Company. G Allied Mutual Insurance Company. 19983506 G The Carpenters Pension Trust for Southern California. G Scott Technologies, Inc. G Scott Technologies, Inc.

FOR FURTHER INFORMATION CONTACT: FEDERAL TRADE COMMISSION Act permits the agencies, in individual Sandra M. Peay, or Parcellena P. cases, to terminate this waiting period Fielding, Contact Representatives, Granting of Request for Early prior to its expiration and requires that Federal Trade Commission, Premerger Termination of The Waiting Period notice of this action be published in the Notification Office, Bureau of Under the Premerger Notification Federal Register. Rules Competition, Room 303, Washington, The following transactions were DC 20580, (202) 326–3100. Section 7A of the Clayton Act, 15 granted early termination of the waiting By Direction of the Commission. U.S.C. 18a, as added by Title II of the period provided by law and the Hart-Scott-Rodino Antitrust premerger notification rules. The grants Donald S. Clark, Improvements Act of 1976, requires were made by the Federal Trade Secretary. persons contemplating certain mergers Commission and the Assistant Attorney [FR Doc. 98–23151 Filed 8–27–98; 8:45 am] or acquisitions to give the Federal Trade General for the Antitrust Division of the BILLING CODE 6750±01±M Commission and the Assistant Attorney Department of Justice. Neither agency General advance notice and to wait intends to take any action with respect designated period before consummation to these proposed acquisitions during of such plans. Section 7A(b)(2) of the the applicable waiting period.

TRANSACTION GRANTED EARLY TERMINATION

ET ET date Trans No. req Party name status

06±Jul±98 ...... 19983441 G Harris Specialty Chemicals, Inc. G William A. Curtright. G Oregon Research & Development Corporation. 19983519 G ESSEF Corporation. G The Price Family Trust UAD 11/6/97. G Price-Presby Companies, Inc. 07±Jul±98 ...... 19983453 G Lennox International Inc. G TCW Special Placements Fund II. G Superior Fireplace Company. 19983482 G AFC Cable Systems, Inc. G Richard A. Barna. G RAB Electric Manufacturing Company. 19983491 G Golder, Thoma, Cressey, Rauner Fund IV, L.P. G Murray Guard, Inc. G Murray Guard, Inc. 19983509 G Thomas H. Lee Equity Fund IV, L.P. G Cott Corporation. G Cott Corporation. 19983513 G SFX Entertainment, Inc. G Jon B. Platt. G American Artists, Inc. G American Artists Limited, Inc. 19983579 G MBNA Corporation. G M&T Bank Corporation. G M&T Bank Corporation. 19983580 Y United Rentals, Inc. Y Martin Starck. Y Lift Systems, Inc. 08±Jul±98 ...... 19983176 G The Liberty Corporation. G Gray Communication Systems, Inc. G WALB±TV, Inc./WALB Licensee Corp. 19983397 G Robert G. Roskamp. G American Retirement Corporation. G American Retirement Corporation. 19983421 G The Boeing Company. G David Castiel. G Ellipso, Inc. 46030 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983434 G Mattel, Inc. G Pleasant Rowland & W. Jerome Frautschi. G Pleasant Company Publications, Pleasant Company Productions. G American Girl Place Incorporated, American Girl Mus Inc. 19983514 G MBIA Inc. G 1838 Investment Advisors, Inc. G 1838 Investment Advisors, Inc. 19983515 G Mr. W. Thacher Brown. G MBIA Inc. G MBIA Inc. 19983544 G El Paso Natural Gas Company. G Kansas City Power & Light Company. G KLT Power Inc. 09±Jul±98 ...... 19982128 G Coloniale S.r.1. G Kinnett Dairies, Inc. G Kinnett Dairies, Inc. 19983400 G Cabletron Systems, Inc. G Ariel Corporation. G Ariel Corporation. 19983419 G Compagnie de Saint-Gobain. G The Donald F. and Mary Helen Smith. G Newgen Holding, Inc. 19983420 G Associated Press (The). G Walt Disney Company (The). G Worldwide Television News Corporation. 19983424 G Patrick P. Lee. G Lawrence F. and Sandra C. Yuda. G Compact Air Products of South Carolina, Inc. 19983442 G H. Michael Mears. G Genesco Inc. G Genesco Inc. 19983466 G Asworth Corporation. G Medarex, Inc. G Medarex, Inc. 19983470 G Frank A. and Katherine Argenbright. G Edwin C. and Barbara Gage. G Adistra, L.L.C. 19983471 G Edwin C. and Barbara Gage. G Frank A. and Katherine Argenbright. G AHL Services, Inc. 19983494 G Smithfield Foods, Inc. G Mr. Harold R. Nichol. G Iowa Quality Meats, Ltd. 19983496 G Stinson Capital Partners, L.P. G Scott Technologies, Inc. G Scott Technologies, Inc. 19983500 G USA Waste Services, Inc. G Philip I. DiBella. G DiBella Sanitation Service, Inc. G D.E.M. Leasing Inc. G DiBella Sanitation Service, Inc. G D.E.M. Leasing Inc. G Economy Container, Inc. G DiBella Realty, L.L.C. 19983501 G USA Waste Services, Inc. G Stephen DiBella. G DiBella Sanitation Service, Inc. G Economy Container, Inc. G DiBella Realty, L.L.C. G D.E.M. Leasing Inc. 19983502 G Sierra Health Services, Inc. G Kaiser Foundations Health Plan, Inc. G Kaiser Foundation Health Plan of Texas. 19983504 G WorldCom, Inc. G General Communications, Inc. G General Communications, Inc. 19983507 G Golder, Thoma, Cressey, Rauner Fund V, L.P. G Johnson Controls, Inc. G Johnson Controls Network Intergrations Services, Inc. 19983508 G William G. Beattie. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46031

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Strategic Minerals Corporation. G Strategic Minerals Corporation. 19983510 G OCM Principal Opportunities Fund, L.P. G Trace Engineering Corp. G Trace Engineering Corp. 19983511 G The George B. Horne Voting Trust. G The Testamentary Trust of Walter H. Jones. G Hoke, Inc. 19983516 G Booth Creek Partners Limited III, LLLP. G Jordon's Meats. G Jordon's Meats. 19983518 G WPS Resources Corporation. G Upper Pennisula Energy Corporation. G Upper Pennisula Energy Corporation. 19983522 G Arbed S.A. G Joseph Bates Pringle Discretionary Trust. G Belmont Steel Corporation. 19983523 G TransCanada Pipelines Limited. G PG&E Corporation. G Narragansett Energy Resources Company. 19983524 G ConAgra, Inc. G GoodMark Foods, Inc. G GoodMark Foods, Inc. 19983526 G Datatec Limited. G MIRADO Corp. G Westcon Group, Inc. G Pegasus Technology Partners, Inc. 19983527 G Tele-Communications, Inc. G General Instrument Corporation. G General Instrument Corporation. 19983528 G General Instrument Corporation. G Tele-Communications, Inc. G TCIVG±GIC, Inc. 19983531 G Gray Communications Systems, Inc. G South Street Corporate Recovery Fund I, L.P. G Busse Broadcasting Corp. 19983534 G Bessemer Securities LLC. G Robert A. and Esther G. Fox. G Purdy Corporation. 19983537 G Kaynar Technologies, Inc. G Robert E. McGuire. G M&M Machine and Tool Co. 19983539 G TransCanada PipeLines Limited. G Occidental Petroleum Corporation. G Occidental Netherlands, Inc. 19983542 G AMRESCO, Inc. G James S. Regan. G Telecapital, L.P. 19983545 G AMRESCO, Inc. G Harbourton Holdings, L.P. G Independence Funding Company, LLC. 19983546 G PeopleSoft, Inc. G Intrepid Systems, Inc. G Intrepid Systems, Inc. 19983553 G Greenwich Street Capital Partners II, L.P. G Travelers Group Inc. G CP Acquisition LLC 19983554 G The Maxim Group, Inc. G Shaw Industries, Inc. G Shaw Carpet Showplace, Inc. 19983555 G Shaw Industries, Inc. G The Maxim Group, Inc. G The Maxim Group, Inc. 19983560 G Berkshire Fund IV, Limited Partnership. G Crown Castle International Corp. G Crown Castle International Corp. 19983563 G Triumph Group, Inc. G Nu-Tech Industries Holding Company. G Nu-Tech Industries, Inc. 19983565 G Payroll Transfers, Inc. 46032 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Steve A. Rosenthal. G Employee Management, Incorporated. 19983574 G United Rentals, Inc. G Richard D. Colburn. G U.S. Rentals, Inc. 19983575 G Richard D. Colburn. G United Rentals, Inc. G United Rentals, Inc. 10±Jul±98 ...... 19983356 G Networks Associates, Inc. G Dr. Solomon's Group PLC. G Dr. Solomon's Group PLC. 19983532 G Adventist Health System Sunbelt Healthcare Corporation. G Housecall Medical Resources, Inc. G Housecall Medical Resources, Inc. 19983543 G Kennedy-Wilson, Inc. G United Asset Management Corporation. G Heitman Properties Ltd. 19983561 G DQE, Inc. G Richard D. Housh. G Newhouse, Inc. 19983581 G Republic Industries, Inc. G Auto Rental, Inc. G Auto Rental, Inc. 19983584 G Blackstone Capital Partner II Merchant Banking Fun LP. G John and Susan Dee. G Service America Corporation. 19983588 G LG&E Energy Corp. G Big Rivers Electric Corporation, Debtor-in-possession. G Big Rivers Electric Corporation. 19983606 G The Seagram Company Ltd. G Leisure Marine Corporation. G Wet' n Wild, Inc. 19983611 G Affiliated Newspapers Investments, Inc. G Kenneth R. Thomson, a Canadian citizen. G Charleston Newspapers. 19983612 G Bruckmann, Rosser, Sherill & Co., L.P. G Mr. William F. Callahan III. G Maple Grove Farms of Vermont, Inc. 19983618 G Zurich Insurance Company. G U.S.I. Holdings Corporation. G U.S.I. Holdings Corporation. 19983619 G Berndorf AG. G James H. Godwin. G Godwin Machine Works. 19983621 G Pinnacle Health System. G Community General Osteopathic Hospital Foundation Inc. G Community General Osteopathic Hospital, Inc. G Londonderry Properties, Inc. 19983627 G The Bear Stearns Companies Incorporated. G Federated Department Stores, Inc. G MSS-Delaware, Inc. 19983628 G OCM Opportunities Fund, L.P. G AFR Holdco, Inc. G AFR Holdco, Inc. 19983637 G Apollo Investment Fund, IV. G Renters Choice, Inc. G Renters Choice, Inc. 19983640 G Berwind Group Partners. G Summit Manufacturing, Inc. G Summit Manufacturing, Inc. 13±Jul±98 ...... 19973544 Y Sinclair Broadcast Group, Inc. Y The News Corporation Limited. Y Heritage Braodcasting Group, Inc. 19983449 G Wireless One Network, L.P. G Vanguard Cellular Systems, Inc. G Western Florida Cellular Telephone Corp. 19983484 G Family Golf Centers, Inc. G Jack W. Nicklaus. G Golden Bear Golf Centers, Inc. 19983503 G WorldCom, Inc. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46033

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G The News Corporation Limited. G News T Investments, Inc. G News Triangle Finance, Inc. 19983536 G W. Galen Weston. G Andrew Maier II. G Maier's Bakery. 19983562 G PT Finland Ltd. G Telephone and Data Systems, Inc. Voting Trust. G APT Operating Company, Inc. 19983564 G Alfred I. duPont Testamentary Trust. G Richard W. Cope. G CMT Holding, Ltd. 19983569 G OMV Aktiengesellschaft. G Neste Oy. G Borealis A/S. 19983571 G International Petroleum Investment Company. G Neste Oy. G Borealis A/S. 19983572 G Communication Dynamics, Inc. G Vikimatic Sales, Inc. G Vikimatic Sales, Inc. 19983576 G OMV Aktiengesellschaft. G Den norske stats oljeselskap a.s. G Borealis A/S. 19983577 G International Petroleum Investment Company. G Den norske stats oljeselskap a.s. G Borealis A/S. 19983585 G General Electric Company. G Blackstone Capital Partners II Merchant Banking Fun LP. G VSI Acquisition II Corporation. 19983589 G Coca-Cola Enterprises Inc G Great Plains Bottlers & Canners, Inc. G Great Plains Bottlers & Canners, Inc. 19983595 G Questor Partners Fund, L.P. G GT Bicycles, Inc. G GT Bicycles, Inc. 19983598 G Carlton L. Highsmith. G Alusuisse Lonza Group Ltd. G Lawson Mardon Packaging USA Inc. 19983622 G National Express Group PLC. G Crabtree-Harmon Corporation. G Crabtree-Harmon Corporation. 19983638 G Travelers Group Inc. G The Nikko Securities Co., Ltd. G The Nikko Securities Co., Ltd. 19983656 G United Dominion Industries Limited. G AB Volvo. G Champion Road Machinery Inc. 19983658 G Infoseek Corporation. G Walt Disney Company (The). G Starwave Corporation. 19983659 G Walt Disney Company (The). G Infoseek Corporation. G Infoseek Corporation. 19983676 G Pentacon, Inc., a Delaware corporation. G James W. Cassels and Frances Cassels. G Texas International Aviation, Inc. 19983678 G William A. Casner. G Teleglobe Inc. G Teleglobe Inc. 19983679 G Kenny A. Troutt. G Teleglobe Inc. G Teleglobe Inc. 19983700 G CHS Electronics, Inc. G Anthony Shalom and Esther Shalom (husband & wife). G Software Brokers of America, Inc. 19983705 G UniCapital Corporation. G James K. Neff. G United States Turbine Engine Corporation. 19983706 G James K. Neff. 46034 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G UniCapital Corporation. G UniCapital Corporation. 19983707 G Unicapital Corporation. G Randall P. Fiorenza. G United States Turbine Engine Corporation. 19983708 G Randall P. Fiorenza. G UniCapital Corporation. G UniCapital Corporation. 14±Jul±98 ...... 19981178 N General Electric Company. N Innoserv Technologies, Inc. N Innoserv Technologies, Inc. 19983185 G General Motors Corporation. G Meredith Corporation. G Meredith Corporation. 19983556 G Depository Trust Company, (The). G Participants Trust Company. G Participants Trust Company. 19983604 G Jeffry M. Picower. G Shirley L. Semler. G Instromedix, Inc. 19983620 G AFR Holdco, Inc. G Great Lakes Pulp Holding Company LLC. G Great Lakes Pulp Company, Inc. 19983631 G Geoffrey A. Jollay. G CorrChoice Corporation. G CorrChoice Corporation. 19983632 G R. Dean Jollay, Jr. G CorrChoice Corporation. G CorrChoice Corporation. 19983633 G Naomi C. Dempsey. G CorrChoice Corporation. G CorrChoice Corporation. 19983639 Y British Vita PLC. Y Sparatech Corporation. Y Sparatech Corporation. 19983643 G PP&L Resources, Inc. G William E. McClure, Jr. G McClure Company. 19983648 G Metatec Corporation. G Imation Corp. G Imation Corp. 19983651 G NIPSCO Industries, Inc. G Bay State Gas Company. G Bay State Gas Company. 19983677 G Teleglobe Inc. 19983677 G EXCEL Communications, Inc. G EXCEL Communications, Inc. 19983680 G Stephen R. Smith. G Teleglobe Inc. G Teleglobe Inc. 19983682 G Franz Haniel & Cie, GmbH (a German company). G Ireland Alloys (Holdings) Ltd. (a Scottish company). G Ireland Alloys, Inc. 19983699 G Dames & Moore Group. G The Dow Chemical Company. G Radian International LLC. 15±Jul±98 ...... 19983600 G Tellabs, Inc. G CIENA Corporation. G CIENA Corporation. 19983615 G General Electric Company. G Metropolitan Life Insurance. G MetLife Capital Holdings, Inc. 19983625 G HEICO Corporation. G Randolph S. McClain. G McClain International, Inc. 19983662 G Code, Hennessy & Simmons III, L.P. G Globe Manufacturing Company. G Globe Manufacturing Company. 19983669 G Convergent Communications, Inc. G Tie Communications, Inc. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46035

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Tie Communications, Inc. 16±Jul±98 ...... 19983665 G Campbell Soup Company. G Kevin G. Fortun. G Fortun Foods, Inc., d/b/a Stockpot Soups. 17±Jul±98 ...... 19983599 G Curtiss-Wright Corporation. G Frank U. Erlach. G Enertech, LLC, Enertech Servus, LLC. 19983607 G Eastern Environmental Services, Inc. G Joseph Savino. G Allegro Carting and Recycling, Inc. G Allegro Enterprises, Inc. G Allegro Transportation and Recycling, Inc. G Joseph Savino and Sons, Inc. G Lee Bin Containers, Inc. G Regional Recycling, Inc. G Madison Enterprises, Inc. G Joseph and Frank Savino Partnership. 19983608 G Eastern Environmental Services, Inc. G Frank Savino. G Allegro Carting and Recycling, Inc. G Allegro Enterprises, Inc. G Allegro Transportation and Recycling, Inc. G Joseph Savino and Sons, Inc. G Lee Bin Containers, Inc. G Regional Recycling, Inc. G Madison Enterprises, Inc. G Joseph and Frank Savino Partnership. 19983616 G Georgia-Pacific Corporation. G Southeast Wood Treating, Inc. G Southeast Wood Treating, Inc. 19983654 G First Hawaiian, Inc. G The Tokai Bank, Ltd., a Japanese bank. G Tokai Credit Corporation. 19983663 G Navigant International, Inc. G Michael B. Arrington. G Arrington Travel Center, Inc. 19983694 G Performance Food Group Company. G Taylor & Sledd, Inc. G Taylor & Sledd, Inc. 19983703 G ITC Holding Company, Inc. G KNOLOGY Holdings, Inc. G KNOLOGY Holdings, Inc. 19983704 G Steve A. Rosenthal. G Steve A. Rosenthal. 19983704 G Employee Management International II, Inc. 19983710 G Suiza Foods Corporation. G Rostan Corporation. G Rostan Corporation. 19983711 G The SKM Equity Fund II, L.P. G Abraham Chehebar. G Accessory Network Group, Inc. 19983714 G Enso Oyj. G Stora Kopparbergs Bergslags AB. G Stora Kopparbergs Bergaslags AB. 19983718 G Aurora Equity Partners L.P. G Richard W. Riley. G Label-Aire, Inc. 19983719 G First Brands Corporation. G Colgate-Palmolive Company. G Colgate-Palmolive Company. 19983721 G Chancellor Media Corporation. G Martin & MacFarlane, Inc. G Martin & MacFarlane, Inc. 19983722 G Chancellor Media Corporation. G Martin Media, L.P. G Martin Media, L.P. 19983727 G Capital One Financial Corporation. G Summit Acceptance Corporation. G Summit Acceptance Corporation. 19983728 G Superior National Insurance Group, Inc. 46036 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Foundation Health Systems, Inc. G Business Insurance Group, Inc. 19983729 G Sempra Energy. G Consolidated Natural Gas Company. G CNG Energy Services Corporation. 19983730 G Computer Associates International, Inc. G C. David Snyder. G REALOGIC, Inc. G Fortsmann Little & Co. Equity Partnership V, L.P. G Watsonville Community Hospital. G Watsonville Community Hospital. 19983732 G USX Corporation. G Tarragon Oil and Gas Limited. G Tarragon Oil and Gas Limited. 19983734 G Apollo Investment Fund III, L.P. G Chemical Leaman Corporation. G Chemical Leaman Corporation. 19983736 G United Rentals, Inc. G Roger and Nora Moore. G Independent Scissor Lifts, Inc. 19983739 G PepsiCo, Inc. G Audrey Eisenstat. G Pepsi-Cola Bottling Company of Scranton, Inc. 19983743 G McCrown De Leeuw & Co., III, L.P. G Merle Wasserman and Brigitte Wasserman (husband wife). G Rocky Mountain Academy, Inc. 19983752 G Canadian Imperial Bank of Commerce. G Lancer Industries, Inc. G Lancer Industries Inc. 19983754 G Lennox International Inc. G O.J. Whitfield. G Pyro Industries, Inc. 19983755 G Belding Sports, Inc. G Arena Brands Investors. G Imperial Headwear, Inc. G Korber Hats, Inc. G Miller Bros. Industries, Inc. 19983759 G Coach USA, Inc. G Barnett Rukin. G American New York Tours Corp, The Bus Exchange Inc. 19983760 G Equilease Holding Corp. G Calpine Corporation. G Calpine Greenleaf Corporation. 19983761 G Trans Technology Corporation. G NORCO, Inc. G NORCO, Inc. 19983762 G Liberty Mutual Insurance Company. 19983762 G Summit Holding Southeast, Inc. G Summit Holding Southeast, Inc. 19983766 G Bruckmann, Rosser, Sherrill & Co., Inc. G Penhall International, Inc. G Penhall International, Inc. 19983774 G Thomas F. Pyle, Jr. G Uniek, Inc. G Uniek, Inc.

FOR FURTHER INFORMATION CONTACT: By Direction of the Commission. FEDERAL TRADE COMMISSION Sandra M. Peay or Parcellena P. Donald S. Clark, Fielding, Contact Representatives, Secretary. Granting of Request for Early Federal Trade Commission, Premerger [FR Doc. 98–23152 Filed 8–27–98; 8:45 am] Termination of the Waiting Period Under the Premerger Notification Notification Office, Bureau of BILLING CODE 6750±01±M Competition, Room 303, Washington, Rules DC 20580, (202) 326–3100. Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46037 persons contemplating certain mergers in individual cases, to terminate this were made by the Federal Trade or acquisitions to give the Federal Trade waiting period prior to its expiration Commission and the Assistant Attorney Commission and the Assistant Attorney and requires that notice of this action be General for the Antitrust Division of the General advance notice and to wait published in the Federal Register. Department of Justice. Neither agency designated periods before The following transactions were intends to take any action with respect consummation of such plans. Section granted early termination of the waiting to these proposed acquisitions during 7A(b)(2) of the Act permits the agencies, period provided by law and the the applicable waiting period. premerger notification rules. The grants

TRANSACTION GRANTED EARLY TERMINATION

ET ET date Trans No. req Party name status

20±Jul±98 ...... 19983455 G John W. Spencer and Janelle L. Spencer. G Henry Schein, Inc. G Rockford Dental Mfg. Co. 19983570 G Nextel Communications, Inc. G Dana B. Fisher, Jr. G Fisher Communications, Inc. 19983603 G Bell Atlantic Corporation. G Bell Atlantic Corporation. G Reading SMSA Limited Partnership. 19983645 G Qualcomm Incorporated. G Richard M. Millman. G Transworld Communications, Transworld Telecommunications. 19983712 G Northwestern Corporation. G Norman R. Vogel. G Telesystems, Inc. 19983726 G Affiliated Computer Services, Inc. G Betac International Corporation. G Betac International Corporation. 19983742 G Bernard Streit. G Richard S. Crawford. G APTC Plastics L.L.C. 19983751 G Triton Cellular Partners, L.P. G William J. Marraccini. G AAT RSA Company Limited Partnership. 19983770 G Alistar Pilot Fund, LLC. G General Electric Company. G UNC All FAB, Inc. 19983775 G Harbour Group Investments III, L.P. G Masco Corporation. G Flint & Walling Industries, Inc. 19983776 G Packaged Ice, Inc. G WLR Foods, Inc. G Cassco Ice and Cold Storage, Inc. 19983779 G Republic Industries, Inc. G John E. Meyer. G Jemautco, Inc. 19983780 G UniCapital Corporation. G John J. Gerald. G Madison Leasing Co., Inc. 19983781 G UniCapital Corporation. G Thomas G. Neuenhaus. G Madison Leasing Co., Inc. 19983783 G Incentive AB. G The Board of Trustees of the University of Alabama. G University of Alabama at Birmingham Hospital. 19983787 G Circle International Group, Inc. G Alberto Rodriguez and Marta Rodriguez. G Alrod International, Inc. 19983792 G O. Bruton Smith. G Frank E. McGough, Jr. G Capitol Chevrolet, Inc. G Capitol Imports, Ltd. 21±Jul±98 ...... 19983624 G United HealthCare Corporation. G Samaritan Health System. G HealthPartners of Arizona, Inc. 19983745 G LSI Logic Corporation. G Hyundai Electronics Industries Co., Ltd., a Korean company. G Symbios, Inc. 19983785 G Joseph S. Kaplan. G PMT Services, Inc. G PMT Services, Inc. 46038 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983786 G Dole Food Company, Inc. G La Gorce Investment, Ltd. G Four Farms, Inc. 2±Jul±98 ...... 19983557 G The Lincoln National Corporation. G Aetna, Inc. G Aetna Life Insurance Company. G Aetna Life Insurance and Annuity Company. 19983652 G KKR 1996 Fund (Overseas), Limited Partnership. G Willis Corroon Group plc. G Willis Corroon Group plc. 19983767 G Terex Corporation. G American Crane Corporation. G American Crane Corporation. 19983771 G Stolt-Neilsen S.A. G Ceanic Corporation. G Ceanic Corporation. 19983772 G Nash Johnson & Sons' Farms, Inc. G Estate of Albin S. Johnson. G Columbia Farms, Inc. and Columbia Distribution, Inc. 19983789 G Conseco, Inc. G Old National Bancorp. G Consumer Acceptance Corporation. 19983805 G Genesee Corporation. G Richard V. Maiocco. G TKI Foods, Inc. G Spectrum Foods, Inc. 23±Jul±98 ...... 19982724 G Transaction Systems Architects, Inc. G IntraNet, Inc. G IntraNet, Inc. 19983660 G Dan River Inc. G The Bibb Company. G The Bibb Company. 19983782 G Asworth Corporation. G Diametrics Medical, Inc. G Diametrics Medical, Inc. 24±Jul±98 ...... 19983567 G Masayoshi Son. G E*Trade Group, Inc. G E*Trade Group, Inc. 19983642 G DLJ Merchant Banking Partners II, L.P. G Fred Hittman. G Hittman Materials & Medical Components, Inc. 19983646 G Heinz Durr and Heide Durr. G Eugene H. Harms. G Henry Filters, Inc. 19983657 G The SKM Equity Fund II, L.P. G Cary H. and Kathryn Klein. G Pennsylvania Fashions, Inc. 19983661 G DHL International Ltd. G DHL Worldwide Express, Inc. G DHL Worldwide Express, Inc. 19983709 G Digi International Inc. G ITK International, Inc. G ITK International, Inc. 19983737 G WWR Scientific Products Corporation. G Charles Balbach. G Science Kit Inc's, Ward's Natural Sci. Ltd., Central Sci Co. 19983738 G VWR Scienific Products Corporation. G Paul Eckel. G Science Kit Inc.'s, Central Sci Co., Ward's Natural Sci Ltd. 19983797 G Associated Freezers Income Trust. G Richard W. and Dianne M. Sharratt. G Jefferson Cold Storage Corporation. 27±Jul±98 ...... 19983538 G Domtar Inc. G W. Galen Weston. G George Weston Ltd., E.B. Eddy Ltd., E.B. Eddy Page Inc. 19983558 G Valeo S.A. G ITT Industries, Inc. G ITT Automotive, Inc. G ITT Manufacturing Enterprises. G ITT Automotive Europe GmbH & Co. KG. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46039

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G ITT Automotive Electrical Systems, Inc. G ITT Industries, Inc. 19983586 G Alusuisse Lonza Group Ltd. G Peter L. Adams. G Butler & Smith, Inc. 19983717 G Aurora Equity Partners L.P. G Garrison Brinton. G Label-Aire, Inc. 19983740 G American Homestar Corporation. G Dean W. Pollman. G DWP, Management, Inc. G Value Mobile Homes, Inc. of WA. G Value Homes, Inc. G Premiere Homes of Moses Lake, Inc. G Kilroy's M.H., Inc. G Park Place Homes, Inc. G Premiere Manufactured Homes, Inc. of WA. 19983746 G AMF Bowling, Inc. G Highland Capital Associates. G Ebonite International, Inc. 19983757 G TA/Advent VIII, L.P. G Robert M. Sherman. G Aquaria, Inc. 19983763 G Metal Management, Inc. G Phillip L. Zeid. G Universal Scrap Metals, Inc. 19983773 G Cable and Wireless plc. G MCI Communications Corporation. G Newco LLC. 19983791 G Cornell Corrections, Inc. G William C. Weimar. G Allvest Corp. & St. John Investments, Inc. G St. John Investments, Inc. 19983794 G Suiza Foods Corporation. G Robert E. Rich, Jr. G Rich Products Manufacturing Corporation. 19983795 G Robert E. Rich, Jr. G Suiza Foods Corporation. G The Morningstar Group, Inc. 19983796 G Micron Technology, Inc. G Rendition, Inc. G Rendition, Inc. 19983798 G Holland Chemical International, B.V. G Thomas J. Turriff. G TAB Chemicals, Inc. 19983802 G Saks Holdings, Inc. G Sidney Goodwill. G Bullock & Jones, Inc. 19983806 G Illinois Tool Works Inc. G Riverside II Holding Group, L.P. G Unipac Inc. 19983812 G Motorola, Inc. G Philippe Kahn and Sonia Lee Kahn. G Starfish Software, Inc. 19983814 G EMCOR Group, Inc. G Marelich Mechanical Co., Inc. G Marelich Mechanical Co., Inc. 19983817 G The Beacon Group IIIÐFocus Value Fund, L.P. G Lance K. Poulsen. G National Century Financial Enterprises, Inc. 19983826 G Global Personnel Services, Inc. G George W. Connley. G Southeastern Professional Employers, Inc. 19983828 G Thomas R. Shelton. G WLR Foods, Inc. G Wampler Foods, Inc. 19983829 G American Homestar Corporation. 19983829 G R-Anell Custom Homes, Inc. G R-Anell Custom Homes, Inc 19983834 G H. Wayne Huizenga. 46040 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G NationsRent, Inc. G NationsRent, Inc. 19983835 G TBC Corporation. G Robert E. Carroll, Jr. G Carroll's Inc. 19983836 G The Standard Products Company. G William F. Miller, III. G OEM/Miller Corporation. 19983842 G MidAmerican Energy Holdings Company. G Jack W. Frost. G J.C. Nichols Real Estate. 19983843 G Lason, Inc. G Arthur G. Lundeen. G Consolidated Reprographics. 19983847 G NovaCare, Inc. G Pro Active Therapy, Inc. G Pro Active Therapy, Inc. 19983849 G KKR 1996 Fund L.P. G Joseph A. Roberts, Jr. G Advanced Circuit Technology, Inc. 19983850 G New England Electric System. G PJC Intercapital, L.P. G Champion Energy Corporation. 19983852 G Four Media Company. G MSCL, Inc. G MSCL, Inc. 19983855 G Heritage Fund I, L.P. G New England Pottery Co., Inc. G New England Pottery Co., Inc. 19983856 G AXA±UAP. G U.S.I. Holdings Corporation. G U.S.I. Holdings Corporation. 19983860 G Insurance Partners, L.P. G Superior National Insurance Group, Inc. 19983860 G Superior National Insurance Group, Inc. 19983863 G Cornerstone Equity Investors IV, L.P. G The Black & Decker Corporation. G True Temper Sports, Inc. 19983873 G Tai Yuan Textile Co., Ltd. G Programmable Microelectronics Corporation. G Programmable Microelectronics Corporation. 19983875 G Cort Business Services Corporation. G William T. Swets. G Instant Interiors Corporation. 19983883 G Thomas O. Hicks. G Hicks, Muse, Tate & Furst Equity Fund III, L.P. G KXTX. 19983888 G Es-O-En Corporation. G Tricon Global Restaurants, Inc. G Taco Bell Corporation. 19983890 G Henkel KGaA. G DEP Corporation. G DEP Corporation. 28±Jul±98 ...... 19981061 G Nortek, Inc. G Williams PLC (a British company). G NuTone, Inc. 19983476 G DPC Acquisition Corp. G Bruckmann, Rosser, Sherrill & Co., L.P. G Windy Hill Pet Food Holdings, Inc. 19983477 G Bruckmann, Rosser, Sherrill & Co., L.P. G DPC Acquisition Corp. G DPC Acquisition Corp. 19983533 G ABRY Broadcast Partners III, L.P. G Cable Michigan, Inc. G Cable Michigan, Inc. 19983597 G Emory University. G Wesley Woods, Inc. G Wesley Woods Geriatric Hospital, Inc. 19983634 G ARAMARK Corporation. G John F. Embersits Family Trust. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46041

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Facilities Resource Management Co. Limited Partnership. 19983672 G Reunion Industries, Inc. G Charles E. Bradley, Sr. G Chatwins Group, Inc. 19983768 G Texas Instruments, Inc. G Micron Technology, Inc. G Micron Technology, Inc. 19983769 G Micron Technology, Inc. G Texas Instruments, Inc. G Texas Instruments, Inc. 19983800 G Equus II, Incorporated. G Drilltec Patents & Technologies Company, Inc. G Drilltec Patents & Technologies Company, Inc. 19983807 G AMRESCO, Inc. G William Edwards. G Mortgage Investors Corporation. 19983808 G William Edwards. G AMRESCO, Inc. G AMRESCO, Inc. 19983811 G Gordon Crawford. G CheckFree Corporation. G Servantis. 19983813 G Phillippe Kahn and Sonia Lee Kahn. G Motorola, Inc. G Motorola, Inc. 19983827 G 1995 T.R.S. Family Trust. G WLR Foods, Inc. G Wampler Foods, Inc. 19983841 G Schneider National, Inc. Voting Trust. G Builders Transport, Incorporated. G Builders Transport, Incorporated. 19983853 G Rehabcare Group, Inc. G Medical Resources, Inc. G StarMed Staffing, Inc., Wesley Medical Resources, Inc. 19983865 G Alleghany Corporation. G Gardenbolt International, Corp. G Gardenbolt International, Corp. 19983896 G Marmon Holdings, Inc. G Norman L. Terry. G Prince Castle, Inc. 29±Jul±98 ...... 19982796 G Reed International P.L.C. G Times Mirrow Company (The). G Matthew Bender & Company, Inc., Shephard's Company. 19982797 G Elsevier NV. G Times Mirrow Company (The). G Matthew Bender & Company, Inc., Shepard's Company. 19983793 G O. Bruton Smith. G Aldo B. Paret. G Casa Ford of Houston, Inc. G Sonic Automotive, Inc. 19983848 G Tyco International, Ltd. G Gimpel Corporation. G Gimpel Corporation. 19983898 G Vision Twenty-One, Inc. G Russell and Takako Trenholme. G Vision World, Inc. 30±Jul±98 ...... 19983605 G Daimler Chrysler AG. G Chrysler Corporation. G Chrysler Corporation. 19983635 G Henkel KGaA. G Federal-Mogul Corporation. G FPGP/FPMC. 19983801 G Aurora Equity Partners L.P. G Mid-America Fiber Company, Inc. G Mid-America Fiber Company, Inc. 19983870 G Mr. and Mrs. Marc Ladreit de Lacharriere. G PetroUnited Terminals, Inc. G PetroUnited Terminals, Inc. 31±Jul±98 ...... 19983613 G Sam Investment Trust. G Fred Meyer, Inc. 46042 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Fred Meyer, Inc. 19983644 G Everest Healthcare Services Corporation. G University of Chicago. G University Dialysis Centers, Inc. 19983666 G France Telecom S.A. G Crown Castle International Corp. G Crown Castle International Corp. 19983684 G TA/Advent VIII, L.P. G Private Business, Inc. G Private Business, Inc. 19983685 G Summit Ventures V, L.P. G Private Business, Inc. G Private Business, Inc. 19983701 G Suiza Foods Corporation. G Cumberland Farms, Inc. G Cumberland Farms, Inc. 19983733 G CompUSA Inc. G Tandy Corporation. G Computer City, Inc. 19983765 G U.S. Xpress Enterprises, Inc. G PST Vans, Inc. G PST Vans, Inc. 19983809 G Ford Motor Company. G Stanford Resources (US) Ltd. G Contractors Supply Co. 19983820 G O. Bruton Smith. G Freeman R. Smith. G Economy Cars, Inc. 19983831 G Schawk Inc. G Horan Imaging Solutions, Inc. G Horan Imaging Solutions, Inc. 19983837 G Aurora Equity Partners II L.P. G SLM Group, Inc. G SLM Group, Inc. 19983840 G M. Francois Pinault. 19983840 G Koo Koo Roo, Inc. G Koo Koo Roo, Inc. 19983861 G Quanta Services, Inc. G Underground Construction Co., Inc. G Underground Construction Co., Inc. 19983862 G Fremont Partners L.P. G Global Motorsport Group, Inc. G Global Motorsport Group, Inc. 19983864 G BWI plc. G R.A. Jones & Co. Inc. G R.A. Jones & Co. Inc. 19983878 G Zellweger Luwa A.G. G Lars Christensen. G Lepco of Houston; Lepco OH. 19983881 G Recycling Industries, Inc. G Morris Recycling, Inc. G Morris Recycling, Inc. 19983882 G BE Aerospace Inc. G SMR Aerospace, Inc. G SMR Aerospace, Inc. 19983891 G Donegal Mutual Insurance Company. G William B. Snyder. G Southern Heritage Limited Partnership. 19983893 G Mylan Laboratories Inc. G Penederm Incorporated. G Penederm Incorporated. 19983899 G International Cornerstone Group, Inc. G Fred and Moira Kamgar. G Smith & Noble, L.L.C. 19983900 G Fred and Moira Kamgar. G International Cornerstone Group, Inc. G International Cornerstone Group, Inc. 19983903 G William S. Morris III and Mary Sue Ellis Morris. G Matthew N. Clapp, Jr. G Pioneer Broadcasting Company, Inc. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46043

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983909 G Mohawk Industries, Inc. G American Weavers LLC. 19983909 G American Weavers LLC.

FOR FURTHER INFORMATION CONTACT: FEDERAL TRADE COMMISSION 7A(b)(2) of the Act permits the agencies, Sandra M. Peay, or Parcellena P. in individual cases, to terminate this Fielding, Contact Representatives, Granting of Request for Early waiting period prior to its expiration Federal Trade Commission, Premerger Termination of The Waiting Period and requires that notice of this action be Notification Office, Bureau of Under the Premerger Notification published in the Federal Register. Rules Competition, Room 303, Washington, The following transactions were DC 20580, (202) 326–3100. Section 7A of the Clayton Act, 15 granted early termination of the waiting By Direction of the Commission. U.S.C. 18a, as added by Title II of the period provided by law and the Hart-Scott-Rodino Antitrust premerger notification rules. The grants Donald S. Clark, Improvements Act of 1976, requires were made by the Federal Trade Secretary. persons contemplating certain mergers Commission and the Assistant Attorney [FR Doc. 98–23153 Filed 8–27–98; 8:45 am] or acquisitions to give the Federal Trade General for the Antitrust Division of the BILLING CODE 4750±01±M Commission and the Assistant Attorney Department of Justice. Neither agency General advance notice and to wait intends to take any action with respect designated periods before to these proposed acquisitions during consummation of such plans. Section the applicable waiting period.

TRANSACTION GRANTED EARLY TERMINATION

ET ET date Trans No. req Party name status

08±Jun±98 ...... 19982909 G Mr. J. Thomas Timmins. G The Dow Chemical Company. G The Dow Chemical Company. 19982971 Y Shering-Plough Corporation. Y Dr. h.c. Paul Sacher. Y Hoffmann-LaRoach Inc. 09±Jun±98 ...... 19982859 G U.S.I. Holdings Corporation. G Bertholon-Rowland, Inc. G Bertholon-Rowland, Inc. 19982931 G Uniphase Corporation. G Koninklijke Philips Electronics N.V. G Philips Optoelectronics, B.V. 19982932 G Koninklijke Philips Electronics N.V. G Uniphase Corporation. G Uniphase Corporation. 19982942 G Partners HealthCare Systems, Inc. G The Faulkner Corporation. G The Faulkner Corporation. 19982949 G Cordant Technologies Inc. G Harvey Jacobson. G Jacobson Mfg. Co. Inc. 19982964 G Republic Industries, Inc. G B.J. McCombs. G R.M. Chevrolet, Ltd. G ATRM, Ltd. G Austin Pontiac, Ltd. G McCombs Hendrix GMC Truck, Ltd. 19983023 G ATC Communications Group, Inc. G Thayer Equity Investors, III, L.P. G IQI, Inc. 19983024 G Thayer Equity Investors, III, L.P. G ATC Communications Group, Inc. G ATC Communications Group, Inc. 19983032 G Gebr. Huttenes GmbH & Co. KG. G Delta Resins & Refractories, Inc. G Delta Resins & Refractories, Inc. 19983045 G Stepan Company. G E.I. du Pont de Memours and Company. G EI DuPont DeNemours & Co Inc. 19983047 G Wyndham International Inc. 46044 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Wyndham International Inc. G WKA El Con Associates. 19983055 G Bruckmann, Rosser, Sherill & Co., L.P. G Thomas M. Copeland. G Copelands' Enterprises, Inc. 19983056 G Bruckmann, Rosser, Sherill & Co., L.P. G James C. Copeland. G Copelands' Enterprises, Inc. 19983069 G Charterhouse Equity Partners III, L.P. G Eos Corporation. G Eos Corporation. 19983072 G Martin Sperber. G Elan Corporation, PLC. G Elan Corporation, PLC. 19983074 G Hicks, Muse, Tate & Furst Equity Fund III, L.P. G Venice Maid Foods, Inc. G Venice Maid Foods, Inc. 19983085 G Paul G. Desmarais. G Anthem Insurance Company, Inc. G Anthem Health & Life Insurance Co. 19983098 G Seagate Technology, Inc. G Gadzoox Neworks, Inc. G Gadzoox Neworks, Inc. 19983099 G Aware Integrated, Inc. G Dakota Specialty Institute. G Dakota Specialty Institute. 19983100 G Dakota Clinic, Ltd. G Dakota Speciality Institute. G Dakota Speciality Institute. 19983104 G Allied Waste Industries, Inc. G Frank J. and Irene B. Garavano. G Independent Trucking Company. G Forward, Inc. 19983105 G New York and Presbyterian Healthcare System, Inc. G New York Society for the Relief of the Ruptured and Crippled. G New York Society for the Relief of the Ruptured and Crippled. 19983107 G Metal Management, Inc. G Joseph F. Naporano. G Naporano Iron & Metal Co. & Nimco Shredding Co. 19983108 G Lumen Technologies, Inc. G Lumen Technologies, Inc. G Voltarc Technologies, Inc. 19983109 G Liberty Mutual Insurance Company. G CUNA Mutual Insurance Society. G CUMIS General Insurance Company. 19983110 G TSG Capital Fund II, L.P. G InterMedia Partners III, L.P. G InterMedia Partners III, L.P. 19983111 G Wolohan Lumber Co. G Industrial Capital Group. G Central Michigan Lumber Company. 19983112 G Ronald A. Weinberg and Micheline Charest. G Michael G. Mayberry and Sharon H. Mayberry. G HighReach Learning, Inc. 19983113 G Ronald A. Weinberg and Micheline Charest. G Phillip G. Kelley and Kathy H. Kelley. G HighReach Learning, Inc. 19983115 G Illinois Tool Works Inc. G Raymond Wile and Martha Vance Wile. G Dymon, Inc. 19983116 G E.I. du Pont de Memours and Company. G Merck & Co., Inc. G DuPont Merck Pharmaceutical Co., Dupont Merck Pharma. 19983117 G Genuine Parts Company. G EIS, Inc. G EIS, Inc. 19983119 G Samuel J. Heyman. G Leslie Building Products, Inc. G Leslie-Locke, Inc. 19983123 G O. Bruton Smith. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46045

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Bud C. Hartfield. G Toyota West, Inc., Westside Dodge. G Hatfield Lincoln Mercury, Inc. G Hatfield Hyundai, Inc. G Hartfield Jeep Eagle, Inc. 19983124 G O. Bruton Smith. G Dan E. Hatfield. G Hatfield Lincoln Mercury, Inc. G Hatfield Jeep Eagle, Inc. G Hatfield Hyundai, Inc. 19983130 G Transport Corporation of America, Inc. G Jon L. Miller. G North Star Transport, Inc. 19983138 G Trammell Crow Company. G Henry J. Faison. G Faison & Associates, Inc. 19983143 G Valero Energy Corporation. G Mobile Corporation. G Mobile Oil Corporation. 19983146 G Siemens Aktiengesellschaft. G Masco Corporation. G Thermador Corporation. 19983147 G SCF±IV, L.P. G Henry Zarrow. G Sooner Pipe & Supply Corporation. 19983148 G SCF±IV, L.P. G Jack Zarrow. G Sooner Pipe & Supply Corporation. 19983149 G Bayard Drilling Technologies, Inc. G John R. Stanley. G TransTexas Gas Corporation. 19983152 G Charter Oaks Partners. G Mallinckrodt Inc. G Mallinckrodt Chemical, Inc. 19983155 G Arena Brands Investors. G William Farley. G Acme Boot Company, Inc. 19983157 G Tricor Pacific Capital Partners Fund I, Limited Partnership. G Code, Hennessy & Simmons II, L.P. G WCP Holdings, Inc. 19983160 G AMF Bowling, Inc. G Eric J. Nelson. G Showplace Recreation Center, Inc. 10±Jun±98 ...... 19982897 G McCown De Leeuw & Co. IV, L.P. G The News Corporation Limited. G Dimac Marketing Corporation. 19982937 G Cameron Ashley Building Products, Inc. G Lee R. Anderson, Sr. G API Supply Company. 19982970 G Dainippon Ink & Chemicals, Inc. G HII Holdings, Inc. G Heritage Inks International Corporation. 19982983 G Fleet Financial Group, Inc. G Rural Link Communications, L.L.C. G OGIT Communications, Inc. 19983010 G McCown De Leeuw & Co. IV, L.P. G McCown De Leeuw & Co., II, L.P. G AmeriComm Holdings, Inc. 19983011 G Life Re Corporation. G Washington Mutual, Inc. G Aristar Life Insurance Company. 19983021 G Intuit Inc. G Lawrence Lacerte. G Lacerte Software Corporation. 19983029 G Inter-Tel, Incorporated. G STM Wireless, Inc. G Telecom Multimedia Systems, Inc. 19983031 G Trivest Fund I, Ltd. G Jeffrey Campbell and Linda Campbell. 46046 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Desert Heat, Inc. 19983040 G BEA Systems, Inc. G NCR Corporation. G NCR Corporation. 19983062 G Volkswagen AG. G Vickers P.L.C. G Rolls-Royce Motors Holdings Limited, Rolls-Royce Motor Cars. 19983135 G Crane Co. G Howard L. Hatfield, Jr. G Consolidated Lumber Company, Inc. 19983168 G MBNA Corporation. G BankAmerica Corporation. G Bank of America National Association. 11±Jun±98 ...... 19982380 G Thermo Electron Corporation. G Smiths Industries plc. G Graseby Andersen Inc. 19982958 G NationsRent, Inc. G Robert J. Bobb. G General Rental, Inc. 19983142 G Marfin Fertilizers L.L.C. G Mobile Corporation. G Mobile Oil Corporation. 19983165 G Smith Investment Company. G General Electric Company. G General Electric Company. 19983280 G Warburg, Pincus Ventures, L.P. G Sinclair Broadcast Group, Inc. G Sinclair Broadcast Group, Inc. 12±Jun±98 ...... 19983102 G Conectiv. G Northern States Power Company. G Enerval L.L.C. 19983151 G Citicorp. G First Chicago NBD Corporation. G FCL Ship One, Inc.; FCL Ship Two, Inc. & FCL Ship Three, Inc. 19983211 Y The Dial Corporation. Y Freeman Family Trust U/A/D December 7, 1987. Y Freeman Cosmetic Corporation. 19983265 G The Carpenters Pension Trust for Southern California. G Playtex Products, Inc. G Playtex Products, Inc. 19983266 G Stinson Capital Partners, L.P. G Playtex Products, Inc. G Playtex Products, Inc. 19983286 G Jones Pharma Incorporated. G SmithKline Beecham plc. G SmithKline Beecham Corporation. G Smith Assets. 15±Jun±98 ...... 19983015 G Triax Midwest Associates, L.P. G Paul G. Allen. G Marcus Cable Associates, L.L.C. 19983060 G Principal Mutual Life Insurance Company. G Willis D. Heim. G Old Northwest Agents Limited Partnership. 19983076 G PhyCor, Inc. G Watson Clinic LLP. G Watson Clinic LLP. 19983080 G Warburg, Pincus Capital Company, L.P. G Mark I Communications, Inc. G Mark I Communications, Inc. 19983084 G Kelso Investment Associates V, L.P. G Ira A. Watson Co. G Ira A. Watson Co. 19983121 G SPX Corporation. G Gladys Black The Estate of Joseph E. Black. G Valley Forge Manufacturing Corporation. G Valley Forge Technical Information Services GmbH. G Sun Technicorm, Inc. 19983125 G Cascades Inc. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46047

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Newcourt Credit Group, Inc. G Atmor Holdings Inc. 19983132 G Golder, Thoma, Cressey, Rauner Fund V, L.P. G Robert N. Herrington. G R & R Rentals, Inc. 19983133 G Orion Capital Partners. G United Grocers, Inc. G Grocers Insurance Group, Inc. 19983139 G Shidax Corporation. G Bon Appetit Management Company. G Bon Appetit Management Company. 19983140 G Minnesota Power, Inc. G ITT Industries, Inc. G Palm Coast Utility Corporation. 19983141 G Farmland Industries, Inc. G SF Services, Inc. G SF Services, Inc. 19983150 G Illinois Tool Works Inc. G FCI Smith Partners, L.P. G Arcsmith, Inc. 19983154 G Fidelity National Financial, Inc. G Alamo Title Holding Company. G Alamo Title Holding Company. 19983156 G Bell Atlantic Corporation. G GTE Mobilnet of Ashville, Inc. G GTE Mobilnet of Ashville, Inc. 19983166 G CBT Corporation f/k/a Westinghouse Electric. G Jacor Communications, Inc. G Jacor Radio Assets. 19983167 G Jacor Communications, Inc. G CBS Corporation. G CBS Radio Assets. 19983172 G Pierce Leahy Corp. G Hugh van Cutsem. G Kestrel Holdings, Inc. 19983173 G Dr. Manfred George Krukemeyer. G Dakota Medical Foundation. G Dakota/Champion Partnership. 19983174 G The Estate of Professor Dr. Hartmut Krukemeyer. G Dakota Medical Foundation. G Dakota/Champion Partnership. 19983175 G Tetra Tech, Inc. G McNamee, Porter & Seeley, Inc. G McNamee, Porter & Seeley, Inc. 19983177 G GTE Mobilnet of Ashville, Inc. G GTE Mobilnet of Ashville, Inc. G Virginia Cellular Retail L.P./Virginia Cellular L.P 19983178 G Anixter International, Inc. G Summit Ventures IV, L.P. G Pacer Electronics, Inc. 19983189 G People's Mutual Holdings. G R.C. Knox and Company, Inc. G R.C. Knox and Company, Inc. 19983195 G CPL Long Term Care Real Estate Investment Trust. 19983195 G Wiliam W. and Diana J. Conley (spouses). G Quad-C Health Care Centers. 19983198 G Central Maine Power Company. G Central Maine Power Company. G FiveCom LLC, NECOM LLC., FiveCom of Maine LL. 19983203 G KKR 1996 Fund, L.P. G Strata Associates L.P. G Evenflo Company, Inc. 19983204 G Britax International, plc. G Public Safety Equipment, Inc. G Public Safety Equipment, Inc. 19983212 G SPX Corporation. G Gladys Black. G Valley Forge Manufacturing Corporation. 19983213 G RIS Resources International Corporation. G Western Gas Resource, Inc. 46048 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Mountain Gas Resources, Inc. 19983214 G Heinz and Heide Durr. G FKI plc. G FKI Industries, Inc. (ACCO Systems Division). 19983216 G Watsco, Inc. G Richard L. Kaufman. G Kaufman Mobile Home Supplies of Florida, Inc. 19983217 G Mohawk Industries, Inc. G Newmark & James, Inc. G Newmark & James, Inc. 19983223 G Republic Industries, Inc. G Sidney W. Spector. G Spector Waste Paper Corp. G Olympic Disposal Corp. 19983226 G Clayton, Dubilier & Rice Fund V Limited Partnership. G David Smout and Susan Henderson. G Pacific Systems Corporation. 19983227 G Clayton, Dubilier & Rice Fund V Limited Partnership. G David Garing and Peggy Hunt. G Pacific Systems Corporation. 19983231 G Complete Business Solutions, Inc. G Claremont Technology Group, Inc. G Claremont Technology Group, Inc. 19983232 G Henry Crown & Company. G Edward S. Weil Jr., G Power Conversion Products, Inc. 19983234 G Vivendi. G Barry A. Ackerley. G Ackerley Airport Advertising, Inc. 19983245 G United States Filter Corporation. G Robert Korman. G MEGA Systems & Chemicals, Inc. 19983246 G United States Filter Corporation. G Richard Roney. G Mega Systems, Inc. 16±Jun±98 ...... 19980725 G Siemens AG. G Westinghouse Electric Corporation. G Westinghouse Electric Corporation. 19983144 G Roy M. Speer. G Precision Systems, Inc. G Precision Systems, Inc. 19983158 G The Bank of New York Company, Inc. G AmSouth Bancorporation. G AmSouth Bancorporation. 19983190 G STAR Telecommunications, Inc. G United Digital Network, Inc. G United Digital Network, Inc. 19983207 Y TRW Inc. Y RF Micro Devices, Inc. Y RF Micro Devices, Inc. 19983239 G General Atlantic Partners 46, L.P. G Lloyd J. Baretz. G nTeleCom Holdings, Inc. 19983242 G Three Cities Research, Inc. G GB Holdings, Inc. G Park Heating and Air Conditioning Supply Co., Inc. 19983244 G M. Francois Pinault. G Christie's International plc. G Christie's International plc. 19983252 G American Bankers Insurance Group, Inc. G MS Diversified Corporation. G MS Diversified Corporation. 19983253 G Enfinity Corporation. G Energy Systems Industries, Inc. G Energy Systems Industries, Inc. 19983254 G Enfinity Corporation. G Charles Reagan. G NEMSI. 19983255 G Enfinity Corporation. G John Davis. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46049

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Air Systems, Inc. 19983256 G Hughes Supply, Inc. G Winn-Lange Electric, Inc. G Winn-Lange Electric, Inc. 19983259 G Robert S. Korman. G United States Filter Corporation. G United States Filter Corporation. 19983260 G Richard R. Roney. G United States Filter Corporation. G United States Filter Corporation. 19983261 G American Home Products Company. G Allen Skolnick. G Solgar Vitamin and Herb Company. 19983263 G Life Re Corporation. G The Manufactures Life Insurance Company. G Capitol Bankers Life Insurance Company. 19983267 G Jan Bell Marketing, Inc. G Mayor's Jewelers, Inc. G Mayor's Jewelers, Inc. 19983268 G Mezzanine Lending Associates III, L.P. G Union Bank of Switzerland. G Formax, Inc. 19983269 G Community Newspaper Holdings, Inc. G Gannett Co., Inc. G Gannett Satellite Information Network, Inc. G Media West-GSI, Inc. 19983270 G Vestar Capital Partners, III, L.P. G Vincent J. Buonanno. G New England Container Co., Inc. 19983271 G Doctors Community Healthcare Corporation. G Columbia/HCA Healthcare Corporation. G Galen Hospital Illinois, Inc. G Chicago Grant Hospital, Inc. 19983272 G ING Equity Partners II L.P. G Rapid Rack Industries, Inc. G Rapid Rack Industries, Inc. 19983275 G Camelot Music Holdings, Inc. G Spec's Music, Inc. G Spec's Music, Inc. 19983276 G Compass Group PLC. G RAC Holdings Corp. G RAC Holdings Corp. 19983277 G DeCrane Aircraft Holdings, Inc. G Avtech Corporation. G Avtech Corporation. 19983279 G H.J. Heinz Company. G RJR Nabisco Holdings Corp. G RJR Nabisco. 19983281 G Arthur L. Williams, Jr. G Takashi Okubo. G Lighting Partners, Ltd. G Lightning Arena, Inc. 19983282 G Mr. Joel Appel. G The Saul Toby Family Trust (1997). G Teknion Corporation. 19983285 G Carlos Alvarez. G Pete's Brewing Company. G Pete's Brewing Company. 19983287 G Select Medical Corporation. G Beverly Enterprises, Inc. G American Transitional Hospitals, Inc. 19983292 G CAE Inc. G Ronald M. McGehee. G MEC. 19983298 G Bruckmann, Rosser, Sherrill & Co., L.P. G Compass Group PLC. G Acapulco Restaurants, Inc. 19983313 G Reed International P.L.C. G The Professional Golfers' Association of America. G The Professional Golfers' Association of America. 46050 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983314 Y Elsevier NV. Y The Professional Golfers' Association of America. Y The Professional Golfers' Association of America. 17±Jun±98 ...... 19983050 Y William Blair Capital Partners V, L.P. Y Smith Bucklin & Associates, Inc. Y Smith Bucklin & Associates, Inc. 19983106 G GS Capital Partners II, L.P. G MCG Credit Corporation. G MCG Credit Corporation. 19983153 G Incentive AB. G Mercy Health Services. G Mercy Health Service. 19983200 G Emerson Electric Co. G CBS Corporation. G CBS Corporation. 18±Jun±98 ...... 19983026 G Thermo Electron Corporation. G Welch Allyn, Inc. G Grason-Stadler, Inc. 19983073 G Service Corporation International. G Preferred Partners. G Prefered Funeral Services, Inc. 19983097 G Triton Cellular Partners, L.P. G US Unwired, Inc. G Mississippi-34 Cellular Corporation. 19983101 G Triton Cellular Partners, L.P. G U.S. Unwired, Inc. G U.S. Unwired, Inc. 19983127 G General Motors Corporation. G Newman Financial Services, Inc. G Newman Financial Services, Inc. 19983145 G Robert Bosch Industrieuhand KG. G Masco Corporation. G Thermador Corporation. 19983182 G The Ogden Newspaper, Inc. G Kenneth R. Thomson (a Canadian citizen). G Thomson Newspaper Inc. 19983183 G Kenneth R. Thompson (a Canadian citizen). G The Ogden Newspaper, Inc. G The Ogden Newspaper, Inc. 19983188 G Cascades, Inc. G Stratton Energy Associates. G Central Maine Power Company. 19983208 G Land O'Lakes, Inc. G Dairyman's Cooperative Creamery Association. G Dairyman's Cooperative Creamery Association. 19983241 G United States Filter Corporation. G Thomas Conveyor Company. G Thomas Conveyor Company. 19983258 G Robert L. Green. G William B. Ertel, Sr. G Ertel Manufacturing Corporation. 19983288 Y Sandler Capital Partners IV, L.P. 19983288 Y Arch Communications Group, Inc. Y Arch Communications Group, Inc. 19±Jun±98 ...... 19982991 G Gannett Co., Inc. G Mark I Communications, Inc. G The Goodson Newspaper Group, Inc. 19983034 G Thermo Electron Corporation. G Honeywell Inc. G Honeywell-Measures Data Measurement Corporation. 19983209 G Carlos Peralta Quintero (a resident of Mexico). G Coats Viyella PLC (an English company). G Talcon, Inc. 19983247 G Stephen I. Kahn. G The Pants Set Inc. G American Retail Enterprises, L.P. 19983273 G Hollinger Inc. G Kenneth R. Thomson (a Canadian citizen). G Thomson Newspapers, Inc. 19983274 G Stephen I. Kahn. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46051

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

G Landmark Pants Corp. G American Retail Enterprises, L.P. 19983278 G Green Equity Investors II, L.P. G Press Publications, Inc. G Press Publications, Inc. 19983295 G Joseph A. Paradis III. G Roy Y. Gaylor. G Power Equipment Company. 19983297 G Media/Communications Partners III Limited Partners. G Sundance Publishing Management Limited Partnership. G Sundance Publishing Limited Partnership. 19983299 G The Learning Company, Inc. G Handleman Company. G Sofsource, Inc. 19983307 G Glencore Holding AG. G JCI Limited. G S.A. des Minerais. 19983309 G Cox Enterprises, Inc. G G.C. Investments. G Prime South Diversified, Inc. 19983310 G G.C. Investments, A Limited Liability Company. 19983310 G Cox Enterprises, Inc. G Cox Communications, Inc. 19983312 G Sprint Corporation. G PhillieCo Partners I, L.P. G PhillieCo Partners I, L.P. 19983316 G Sprint Corporation. G Sprint Spectrum Holding Company. G Sprint Spectrum Holding Company. 19983319 G Armstrong World Industries, Inc. G DLW Aktiengesellschaft. G DLW Aktiengesellschaft. 19983322 G VEBA AG. G Edward N. Mills Grandchildren's Trust of 1983. G E&D Mills Holding Company, Inc. 19983323 G Chase Manhattan Corporation, (The). G HOB Entertainment, Inc. G HOB Entertainment, Inc. 19983326 G BankBoston Corporation. G Molins PLC. G The Langston Corporation. 19983334 G Caraustar Industries, Inc. G Caraustar Industries, Inc. G CPI, a Delaware general partnership. 19983338 G Corporate Services Group PLC, (The). G Metamor Worldwide, Inc. G CORESTAFF Services Division. 19983339 G First Reserve Fund VII, Limited Partnership. G Lomak Petroleum, Inc. G Lomak Petroleum, Inc. 19983343 G Thomas H. Lee Equity Fund, III, L.P. G Just For Feet, Inc. G Just For Feet, Inc. 19983344 G Just For Feet, Inc. G Sneaker Stadium, Inc. G Sneaker Stadium, Inc. 19983346 G Technitrol, Inc. G Telemetrix, PLC. 19983346 G GTI Corporation. 19983348 G Elisabeth Badinter. G EvansGroup, Inc. G EvansGroup, Inc. 19983349 G Associates First Capital Corporation. G Morgan Stanley Dean Witter & Co. G SPS Payment Systems, Inc. and Mountain West. G Financial Corp. 19983354 G A. Ross Myers. G Talmadge E. Simons. G T.C. Simons, Inc. G Corun & Gatch. 46052 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATIONÐContinued

ET ET date Trans No. req Party name status

19983359 G The Shaw Group Inc. G Mr. Roger Bagwell. G Bagwell Brothers, Inc. 19983392 G Apollo Investment Fund IV. G Larry Addington. G Coal Ventures, Inc.

FOR FURTHER INFORMATION CONTACT: Subcommittee meeting will also be posted DEPARTMENT OF HEALTH AND Sandra M. Peay or Parcellena P. when available: http://aspe.os.dhhs.gov/ HUMAN SERVICES Fielding, Contact Representatives, ncvhs Federal Trade Commission, Premerger Dated: August 24, 1998. Centers for Disease Control and Notification Office, Bureau of James Scanlon, Prevention Competition, Room 303, Washington, Director, Division of Data Policy. DC 20580, (202) 326–3100. Clinical Laboratory Improvement [FR Doc. 98–23172 Filed 8–27–98; 8:45 am] Advisory Committee (CLIAC): Meeting By Direction of the Commission. BILLING CODE 4151±04±M Donald S. Clark, In accordance with section 10(a)(2) of Secretary. the Federal Advisory Committee Act [FR Doc. 98–23154 Filed 8–27–98; 8:45 am] DEPARTMENT OF HEALTH AND (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) BILLING CODE 6750±01±M HUMAN SERVICES announces the following committee Centers for Disease Control and meeting. Name: Clinical Laboratory DEPARTMENT OF HEALTH AND Prevention Improvement Advisory Committee HUMAN SERVICES Agency for Toxic Substances and (CLIAC). National Committee on Vital and Health Disease Registry Times and Dates: 8:30 a.m.–5 p.m., Statistics: Meeting September 16, 1998; 8:30 a.m.–5 p.m., Notice of Availability of Funds September 17, 1998. Pursuant to the Federal Advisory Program Announcement 99006 Public Place: CDC, Koger Center, Williams Committee Act, the Department of Health Conference Support Grant Building, Conference Rooms 1802 and Health and Human Services announces Program; Amendment 1805, 2877 Brandywine Road, Atlanta, the following advisory committee Georgia 30341. meeting. A notice announcing the availability Status: Open to the public, limited Name: National Committee on Vital and of Fiscal Year 1998 funds for the Public only by the space available. The meeting Health Statistics (NCVHS) Subcommittee on Health Conference Support Grant rooms accommodate approximately 85 Populations. Program was published in the Federal people. Times and Dates: 9:30 a.m.–3:00 p.m., Register on June 9, 1998, (Vol. 63 FR Purpose: This committee is charged September 17, 1998. with providing scientific and technical Place: Conference Room 505A, Hubert H. No. 110). The notice is amended as follows: advice and guidance to the Secretary of Humphrey Building, 200 Independence Health and Human Services, the Avenue S.W. Washington, D.C. 20201. On page 31499, second column, under Assistant Secretary for Health, and the Status: Open. ‘‘B. Eligible Applicants’’, the first Director, CDC, regarding the need for, Purpose: The Subcommittee on paragraph should read: Populations will hold a meeting on and the nature of, revisions to the September 17. At the meeting the Applications may be submitted to standards under which clinical Subcommittee plans to discuss and finalize CDC by public and private non-profit laboratories are regulated; the impact of its work plan and revised charge, review and organizations and by governments and proposed revisions to the standards; and comment on its report on Medicaid managed their agencies; that is, universities, the modification of the standards to care data issues, and continue its work on accommodate technological advances. survey integration, including briefings on colleges, research institutions, hospitals, other public and private non-profit Matters To Be Discussed: The agenda several survey issues. will include an update on CLIA Contact Person for More Information: organizations, State and local implementation; a report from the Substantive program information as well as governments or their bonafide agents, Genetic Testing Workgroup and a roster of subcommittee members may be and federally-recognized Indian tribal obtained from Carolyn Rimes, lead discussions of revisions to general or governments, Indian tribes, or Indian specific CLIA requirements that apply to Subcommittee staff, Health Care Financing tribal organizations. Administration, DHHS, 7500 Security pre-analytic, analytic, and post-analytic Boulevard, C–3–21–06, Baltimore, Maryland Dated: August 24, 1998. components of genetic testing; and the 21244–1850, telephone (410) 786–6620, or John L. Williams, applicability of CLIA to laboratory Marjorie S. Greenberg, Executive Secretary, testing performed for assisted NCVHS, NCHS, CDC, Room 1100, Director, Procurement and Grants Office, Centers for Disease Control and Prevention reproductive technology (ART). Presidential Building, 6525 Belcrest Road, Agenda items are subject to change as Hyattsville, Maryland 20782, telephone 301/ (CDC). 436–7050. Additional information about the [FR Doc. 98–23132 Filed 8–27–98; 8:45 am] priorities dictate. CONTACT PERSON FOR ADDITIONAL full Committee is available on the NCVHS BILLING CODE 4163±18±P website, where the tentative agenda for the INFORMATION: John C. Ridderhof, Dr. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46053

P.H., Division of Laboratory Systems, and/or stabilizers for polymers (21 CFR Comments are to be identified with the Public Health Practice Program Office, 178.2010) be amended to provide for the docket number found in brackets in the CDC, 4770 Buford Highway, NE, expanded safe use of phosphorous acid, heading of this document. Received Mailstop G–25, Atlanta, Georgia 30341– cyclic neopentanetetrayl bis(2,6-di-tert- comments may be seen in the office 3724, telephone 770/488–8076, FAX butyl-4-methylphenyl)ester for use: (1) above between 9 a.m. and 4 p.m., 770/488–8282. At levels not to exceed 0.25 percent by Monday through Friday. FDA will also Dated: August 24, 1998. weight of olefin copolymers complying place on public display any with § 177.1520 (21 CFR 177.1520) in Carolyn J. Russell, amendments to, or comments on, the contact with foods of types I, II, III, IV– petitioner’s environmental assessment Director, Management Analysis and Services B, VI–B, and VIII, as described in Table Office, Centers for Disease Control and without further announcement in the Prevention (CDC). 1, and under conditions of use B Federal Register. If, based on its review, through H, described in Table 2 of [FR Doc. 98–23131 Filed 8–27–98; 8:45 am] the agency finds that an environmental § 176.170(c) (21 CFR 176.170(c)), of this impact statement is not required and BILLING CODE 4163±18±P chapter, and with food types IV–A, V, this petition results in a regulation, the VI–A, VI–C, VII–A, and IX, under notice of availability of the agency’s DEPARTMENT OF HEALTH AND conditions of use C through G, as finding of no significant impact and the HUMAN SERVICES described in § 176.170(c), Tables 1 and evidence supporting that finding will be 2, respectively; and (2) at levels not to published with the regulation in the Food and Drug Administration exceed 0.10 percent by weight of either Federal Register in accordance with 21 olefin copolymers or polypropylene CFR 25.40(c). [Docket No. 97F±0213] complying with § 177.1520, which may Dated: August 6, 1998. be used only in contact with foods of Asahi Denka Kogyo K.K.; Filing of types IV–A, V, VI–C, VII–A, and IX, Laura M. Tarantino, Food Additive Petition; Amendment under conditions of use H, as described Acting Director, Office of Premarket Approval, Center for Food Safety and Applied AGENCY: in § 176.170(c) of this chapter, Tables 1 Food and Drug Administration, Nutrition. HHS. and 2, respectively. [FR Doc. 98–23103 Filed 8–27–98; 8:45 am] ACTION: Notice. Upon further review of the petition, the agency noted that the data presented BILLING CODE 4160±01±F SUMMARY: The Food and Drug in the petition address use of the subject Administration (FDA) is amending the additive only in polypropylene filing notice for a food additive petition homopolymer and polypropylene DEPARTMENT OF HEALTH AND filed by Asahi Denka Kogyo K.K. to copolymers. The agency also noted that HUMAN SERVICES the data in the petition in combination indicate that the petitioned additive, Food and Drug Administration phosphorous acid, cyclic with the data for those applications of neopentanetetrayl bis(2,6-di-tert-butyl- the additive currently listed in [Docket No. 96F±0248] 4-methylphenyl)ester is for use as an § 178.2010, apply to the use of the antioxidant and/or stabilizer in subject additive in polypropylene Life Technologies, Inc.; Filing of Food polypropylene homopolymer and homopolymer and copolymers in Additive Petition; Amendment copolymers not to exceed 0.25 percent contact with all food types under AGENCY: Food and Drug Administration, by weight of polypropylene conditions of use B through H as HHS. homopolymer and copolymers in described in Table 2 of § 176.170(c). ACTION: Notice. contact with food. The previous filing Based on this information, the petitioner notice indicated that the proposed agreed to amend its request. Therefore, SUMMARY: The Food and Drug additive was for use in olefin FDA is amending the filing notice of Administration (FDA) is amending the copolymers and polypropylene in June 9, 1997, to state that the petitioner filing notice for a food additive petition contact with certain food categories. requests that the food additive filed by Life Technologies, Inc., to DATES: Written comments on the regulations be amended to permit use of provide for a change in the extraction petitioner’s environmental assessment the subject additive in polypropylene requirements for sulphopropyl cellulose by September 28, 1998. homopolymer and copolymers for all ion-exchange resin for the recovery and food types under conditions of use B ADDRESSES: Submit written comments purification of proteins for food use. through H. to the Dockets Management Branch The potential environmental impact FOR FURTHER INFORMATION CONTACT: (HFA–305), Food and Drug of this action is being reviewed. To Andrew D. Laumbach, Center for Food Administration, 5630 Fishers Lane., rm. encourage public participation Safety and Applied Nutrition (HFS– 1061, Rockville, MD 20852. consistent with regulations promulgated 215), Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: under the National Environmental 200 C St. SW., Washington, DC 20204, Hortense S. Macon, Center for Food Policy Act (40 CFR 1501.4(b)), the 202–418–3071. Safety and Applied Nutrition (HFS– agency is placing the environmental SUPPLEMENTARY INFORMATION: In a notice 206), Food and Drug Administration, assessment submitted with the petition published in the Federal Register of 200 C St. SW., Washington, DC 20204, that is the subject of this notice on July 22, 1996 (61 FR 37905), FDA 202–418–3086. display at the Dockets Management announced that a food additive petition SUPPLEMENTARY INFORMATION: In a notice Branch (address above) for public (FAP 6A4502) had been filed by Life published in the Federal Register of review and comment. Interested persons Technologies, Inc., 8400 Helgerman Ct., June 9, 1997 (62 FR 31433), FDA may, on or before September 28, 1998, Gaithersburg, MD 20874 (now, 9800 announced that a food additive petition submit to the Dockets Management Medical Center Dr., Rockville, MD (FAP 7B4542) had been filed by Asahi Branch (address above) written 20850). The petition proposed to amend Denka Kogyo K.K., Shirahata 5-Chome, comments. Two copies of any comments the food additive regulations in Urawa City, Saitama 366, Japan, are to be submitted, except that § 173.25(b)(5) Ion-exchange resins (21 proposing that § 178.2010 Antioxidants individuals may submit one copy. CFR 173.25(b)(5)) to provide for a 46054 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices change in the temperature and pH Gaither Rd., Rockville, MD 20850, 301– SUPPLEMENTARY INFORMATION: In the limitations for sulphopropyl cellulose 594–1243. Federal Register of Friday, October 24, ion-exchange resin for the recovery and SUPPLEMENTARY INFORMATION: In the 1997 (62 FR 55408), the agency purification of proteins for food use. Federal Register of August 13, 1998 (63 announced that the proposed Subsequent to the publication of the FR 43401), FDA announced that a joint information collection had been filing notice, it was determined that the meeting of the Hematology and submitted to OMB for review and proposed amendment of the provisions Pathology Devices Panel and the clearance under section 3507 of the PRA in § 173.25(b)(5) also necessitated an Immunology Devices Panel of the (44 U.S.C. 3507). An agency may not amendment of the provisions in Medical Devices Advisory Committee conduct or sponsor, and a person is not § 173.25(d)(2), the paragraph that would be held on September 4, 1998. required to respond to, a collection of provides extraction requirements for the On page 43401, in the second column, information unless it displays a ion-exchange resin. Accordingly, the the ‘‘Date and Time’’ portion is currently valid OMB control number. petitioner amended the petition to amended to read as follows: OMB has now approved the information request an amendment of § 173.25(d)(2). Date and Time: The meeting will be collection and has assigned OMB Therefore, FDA is amending the filing held on September 4, 1998, 8 a.m. to control number 0910–0376. The notice of July 22, 1996, to indicate that 3:30 p.m. approval expires on August 31, 2001. the petitioner requests that the food On page 43401, in the third column, Dated: August 22, 1998. additive regulations be amended to the ‘‘Procedure’’ portion is amended to William K. Hubbard, modify the extraction requirements for read as follows: Associate Commissioner for Policy sulphopropyl cellulose resin in Procedure: Interested persons may Coordination. § 173.25(d)(2). present data, information, or views, [FR Doc. 98–23105 Filed 8–27–98; 8:45 am] The agency has determined under 21 orally or in writing, on issues pending BILLING CODE 4160±01±F CFR 25.32(i) that this action is of a type before the committee. Written that does not individually or submissions may be made to the contact cumulatively have a significant effect on person by August 21, 1998. Oral DEPARTMENT OF HEALTH AND the human environment. Therefore, presentations from the public will be HUMAN SERVICES neither an environmental assessment scheduled between approximately 8:15 nor an environmental impact statement a.m. and 8:45 a.m. * * *. National Institutes of Health is required. Dated: August 24, 1998. National Cancer Institute; Notice of Dated: August 3, 1998. Michael A. Friedman, Meeting George H. Pauli, Deputy Commissioner for Operations. Acting Director, Office of Premarket [FR Doc. 98–23265 Filed 8–26–98; 8:45 am] Pursuant to section 10(a) of the Federal Advisory Committee Act, as Approval, Center for Food Safety and Applied BILLING CODE 4160±01±F Nutrition. amended (5 U.S.C. Appendix 2), notice [FR Doc. 98–23104 Filed 8–27–98; 8:45 am] is hereby given of a meeting of the BILLING CODE 4160±01±F DEPARTMENT OF HEALTH AND President’s Cancer Panel. HUMAN SERVICES The meeting will be open to the public, with attendance limited to space DEPARTMENT OF HEALTH AND Food and Drug Administration available. Individuals who plan to HUMAN SERVICES attend and need special assistance, such [Docket No. 97N±0424] as sign language interpretation or other Food and Drug Administration reasonable accommodations, should Agency Information Collection notify the Contact Person listed below Advisory Committee Meeting; Activities; Announcement of OMB in advance of the meeting: Amendment of Notice Approval; Transmittal of Name of Committee: President’s Cancer Advertisements and Promotional AGENCY: Food and Drug Administration, Panel. HHS. Labeling for Drugs and Biologics for Date: October 6, 1998. Human Use Time: 8:30 AM to 5:30 PM. ACTION: Notice. Agenda: Quality of Cancer Care/Quality of AGENCY: Food and Drug Administration, Life Decision Making Based on Quality of SUMMARY: The Food and Drug HHS. Care Guidelines and Their Impact. Administration (FDA) is announcing an ACTION: Notice. Place: Roswell Park Cancer Institute, amendment to the notice of a joint Hilleboe Auditorium, Research Studies meeting of the Hematology and SUMMARY: The Food and Drug Center, Elm and Carlton Street, Buffalo, NY Pathology Devices Panel and the Administration (FDA) is announcing 14263. Immunology Devices Panel of the Contact Person: Maureen O. Wilson, that a collection of information entitled Executive Secretary, National Cancer Medical Devices Advisory Committee ‘‘Transmittal of Advertisements and Institute, National Institutes of Health, 31 that is scheduled for September 4, 1998. Promotional Labeling for Drugs and Center Drive, Building 31, Room 4A48, This meeting was announced in the Biologics for Human Use’’ has been Bethesda, MD 20892. Federal Register of August 13, 1998 (63 approved by the Office of Management (Catalogue of Federal Domestic Assistance FR 43401). The amendment is being and Budget (OMB) under the Paperwork Program Nos. 93.392, Cancer Construction; made to reflect changes in the Date and Reduction Act of 1995 (the PRA). 93.393, Cancer Cause and Prevention Time and Procedure portions of the FOR FURTHER INFORMATION CONTACT: Research; 93.394, Cancer Detection and meeting. There are no other changes. Diagnosis Research; 93.395, Cancer Karen L. Nelson, Office of Information Treatment Research; 93.396, Cancer Biology FOR FURTHER INFORMATION CONTACT: Resources Management (HFA–250), Research; 93.397, Cancer Centers Support; Veronica J. Calvin, Center for Devices Food and Drug Administration, 5600 93.398, Cancer Research Manpower; 93.399, and Radiological Health (HFZ–440), Fishers Lane, Rockville, MD 20857, Cancer Control, National Institutes of Health, Food and Drug Administration, 2098 301–827–1482. HHS) Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46055

Dated: August 20, 1998. Closed: September 10, 1998, 4:15 PM to available. Individuals who plan to LaVerne Y. Stringfield, Adjournment. attend and need special assistance, such Agenda: To review and evaluate grant Committee Management Officer, NIH. as sign language interpretation or other applications and/or proposals. reasonable accommodations, should [FR Doc. 98–23187 Filed 8–27–98; 8:45 am] Place: Building 31C, Conference Room 10, BILLING CODE 4140±01±M National Institutes of Health, 3100 Center notify the Contact Person listed below Drive, Bethesda, MD 20892. in advance of the meeting. Open: September 11, 1998, 9:00 AM to Name of Committee: National Cancer DEPARTMENT OF HEALTH AND 12:10 PM. Institute Board of Scientific Advisors, HUMAN SERVICES Agenda: Cancer Information Service Subcommittee A—Cancer Biology, Response to the Office of the Inspector Epidemiology, Genetics. National Institutes of Health General Report; Subcommittee Reports and Date: September 22–23, 1998. New Business; Informed consent revision Time: 6:30 PM to 6:00 PM. National Cancer Institute; Notice of initiative; Streamlined review of Amended Agenda: Tobacco, Clinical Trials, and Meetings Program Project Review Grants; and future Developmental Therapeutics Program Review agenda items. Implementations Reports. Pursuant to section 10(d) of the Place: Building 31C, Conference Room 10, Place: Omni Shoreham, 25000 Calvert Federal Advisory Committee Act, as National Institutes of Health, 3100 Center Street, N.W., Washington, DC 20008. amended (5 U.S.C. Appendix 2), notice Drive, Bethesda, MD 20892. Contact Person: Paulette S. Gray, Executive Contact Person: Marvin R. Kalt, Executive is hereby given of meetings of the Secretary, Division of Extramural Activities, Secretary, Division of Extramural Activities, National Cancer Institute, National Institutes National Cancer Advisory Board. National Cancer Institute, National Institutes of Health, 6130 Executive Boulevard—Room The meetings will be open to the of Health, Executive Plaza North—Suite 600, 600C, Rockville, MD 20892–7405, 301/496– public as indicated below, with 6130 Executive Boulevard, Rockville, MD 4218. attendance limited to space available. 20892, (301) 496–5147. Name of Committee: National Cancer Individuals who plan to attend and Name of Committee: National Cancer Institute Board of Scientific Advisors, need special assistance, such as sign Advisory Board, Subcommittee on Cancer Subcommittee B—Prevention, Clinical, and language interpretation or other Centers. Therapeutics. reasonable accommodations, should Date: September 10, 1998. Date: September 22–23, 1998. notify the Contact Person listed below Time: 12:50 PM to 2:35 PM. Time: 6:30 PM to 6:00 PM. Agenda: To discuss policy and procedure in advance of the meeting. Agenda: Tobacco, Clinical Trials, and of Cancer Center Programs. Developmental Therapeutics Program Review The meetings will be closed to the Place: Building 31C, Conference Room 10, Implementations Reports. public in accordance with the National Institutes of Health, 3100 Center Place: Omni Shoreham, 25000 Calvert provisions set forth in sections Drive, Bethesda, MD 20892. Street, N.W., Washington, DC 20008. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Marvin R. Kalt, Executive Contact Person: Paulette S. Gray, Executive as amended. The grant applications Secretary, Division of Extramural Activities, Secretary, Division of Extramural Activities, and/or contract proposals and the National Cancer Institute, National Institutes National Cancer Institute, National Institutes discussions could disclose confidential of Health, Executive Plaza North—Suite 600, of Health, 6130 Executive Boulevard—Room 6130 Executive Boulevard, Rockville, MD trade secrets or commercial property 600C, Rockville, MD 20892–7405, 301/496– 20892, (301) 496–5147. 4218. such as patentable material, and (Catalogue of Federal Domestic Assistance personal information concerning (Catalogue of Federal Domestic Assistance Program Nos. 93.393, Cancer Cause and Program Nos. 93.392, Cancer Construction; individuals associated with the grant Prevention Research; 93.394, Cancer 93.393, Cancer Cause and Prevention applications and/or contract proposals, Detection and Diagnosis Research; 93.395, Research; 93.394, Cancer Detection and the disclosure of which would Cancer Treatment Research; 93.396, Cancer Diagnosis Research;, 93.395, Cancer constitute a clearly unwarranted Biology Research; 93.397, Cancer Centers Treatment Research; 93.396, Cancer Biology invasion of personal privacy. Support; 93.398, Cancer Research Manpower; Research; 93.397, Cancer Centers Support; 93.399, Cancer Control; 93.392, Cancer 93.398, Cancer Research Manpower; 93.399, Name of Committee: National Cancer Construction, National Institutes of Health, Cancer Control, National Institutes of Health, Advisory Board, Subcommittee on Planning HHS) HHS) and Budget. Date: September 9, 1998. Dated: August 21, 1998. Dated: August 24, 1998. Time: 7:00 PM to 9:00 PM. LaVerne Y. Stringfield, LaVerne Y. Stringfield, Agenda: To discuss NCI budget and Committee Management Officer, NIH. Committee Management Officer, NIH. various planning issues. [FR Doc. 98–23189 Filed 8–27–98; 8:45 am] [FR Doc. 98–23196 Filed 8–27–98; 8:45 am] Place: The Hyatt Regency Hotel, 100 BILLING CODE 4140±01±M BILLING CODE 4140±01±M Bethesda Metro Center, Bethesda, MD 20814. Contact Person: Marvin R. Kalt, Executive Secretary, Division of Extramural Activities, National Cancer Institute, National Institutes DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND of Health, Executive Plaza North—Suite 600, HUMAN SERVICES HUMAN SERVICES 6130 Executive Boulevard, Rockville, MD 20892, (301) 496–5147. National Institutes of Health National Institutes of Health Name of Committee: National Cancer National Cancer Institutes, Notice of National Eye Institute; Notice of Advisory Board. Date: September 9–11, 1998. Meetings Meeting Open: September 10, 1998, 9:00 AM to 4:00 Pursuant to section 10(a) of the Pursuant to section 10(d) of the PM. Federal Advisory Committee Act, as Federal Advisory Committee Act, as Agenda: Reports from: NCI Director, President’s Cancer Panel, NCI Prostate amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice Cancer Program, NCI Breast Cancer Program, is hereby given of meetings of the is hereby given of a meeting of the Chernobyl Update, and Legislative Update. National Cancer Institute Board of National Advisory Eye Council. Place: Building 31C, Conference Room 10, Scientific Advisors. The meeting will be open to the National Institutes of Health, 3100 Center The meetings will be open to the public as indicated below, with Drive, Bethesda, MD 20892. public, with attendance limited to space attendance limited to space available. 46056 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Individuals who plan to attend and and personal information concerning The meeting will be closed to the need special assistance, such as sign individuals associated with the contract public in accordance with the language interpretation or other proposals, the disclosure of which provisions set forth in sections reasonable accommodations, should would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., notify the Contact Person listed below invasion of personal privacy. as amended. The grant applications in advance of the meeting. Name of Committee: National Heart, Lung, and/or contract proposals and the The meeting will be closed to the and Blood Institute Special Emphasis Panel, discussions could disclose confidential public in accordance with the NHLBI’s Health Information Network. trade secrets or commercial property provisions set forth in sections Date: September 15, 1998. such as patentable material, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8:00 AM to 5:00 PM. personal information concerning as amended. The grant applications Agenda: To review and evaluate contract individuals associated with the grant and/or contract proposals and the proposals. applications and/or contract proposals, discussions could disclose confidential Place: Holiday Inn Bethesda, 8120 the disclosure of which would trade secrets or commercial property Wisconsin Ave, Bethesda, MD 20814. Contact Person: C. James Scheirer, Chief, constitute a clearly unwarranted such as patentable material, and Review Branch, DEA, NIH, NHLBI, invasion of personal privacy. personal information concerning Rockledge II, 6701 Rockledge Drive, Room Name of Committee: National Advisory individuals associated with the grant 7216, Bethesda, MD 20892–7924, (301) 435– Mental Health Council. applications and/or contract proposals, 0260. Date: September 17–18, 1998. the disclosure of which would Name of Committee: National Heart, Lung, Closed: September 17, 1998, 10:30 AM to constitute a clearly unwarranted and Blood Institute Special Emphasis Panel, recess. invasion of personal privacy. RFA HL–98–004, Obstructive Sleep Apnea in Agenda: To review and evaluate grant applications and/or proposals. Name of Committee: National Advisory Children. Eye Council. Date: September 23, 1998. Place: Parklawn Building, Conference Date: September 17, 1998. Time: 8:00 AM to 3:00 PM. Room E, 5600 Fishers Lane, Rockville, MD Open: 8:30 AM to 11:30 AM. Agenda: To review and evaluate grant 20857. Agenda: Following opening remarks by the applications. Open: September 18, 1998, 8:00 AM to Director, NEI, there will be presentations by Place: Holiday Inn Chevy Chase, 5520 adjournment. the staff of the Institute and discussions Wisconsin Avenue, Chevy Chase, MD 20815. Agenda: Meeting with NINDS Council to concerning Institute programs and policies. Contact Person: Anne P. Clark, PHD, discuss collaborative research; NIMH Place: 6120 Executive Blvd., EPN Scientific Review Administrator, NIH, Director’s Report; Clinical Treatment and Conference Room G, Rockville, MD 20852. NHLBI, DEA, Review Branch, Rockledge II, Services Research Workgroup Report; and Closed: 11:30 AM to 5:00 PM. 6701 Rockledge Drive, Room 7186, Bethesda, other administrative and program Agenda: To review and evaluate grant MD 20892–7924, (301) 435–0280. developments. applications. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Place: 6120 Executive Blvd., EPN Program Nos. 93.837, Heart and Vascular Building 1, Wilson Hall, 9000 Rockville Pike, Conference Room G, Rockville, MD 20852. Diseases Research; 93.838, Lung Diseases Bethesda, MD 20892. Contact Person: Lois DeNinno, National Research; 93.839, Blood Diseases and Contact Person: jane A. Steinberg, Eye Institute, Executive Plaza South, Suite Resources Research; 93.233, National Center Executive Secretary, Acting Director, 350, 6120 Executive Blvd., MSC 7167, for Sleep Disorders Research, National Division of Extramural Activities, National Bethesda, MD 20892, 301–496–9110. Institutes of Health, HHS) Institute of Mental health, NIH, Parklawn (Catalogue of Federal Domestic Assistance Dated: August 24, 1998. Building, 5600 Fishers lane, Room 9–105, Rockville, MD 20857, 301–443–3367. Program Nos. 93.867, Vision Research, LaVerne Y. Stringfield, National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Committee Management Officer, NIH. Dated: August 24, 1998. Program Nos. 93.242, Mental Health Research [FR Doc. 98–23197 Filed 8–27–98; 8:45 am] LaVerne Y. Stringfield, Grants; 93.281, Scientist Development BILLING CODE 4140±01±M Award, Scientist Development Award for Committee Management Officer, NIH. Clinicians, and Research Scientist Award; [FR Doc. 98–23194 Filed 8–27–98; 8:45 am] 93.282, Mental Health National Research BILLING CODE 4140±01±M DEPARTMENT OF HEALTH AND Service Awards for Research Training, HUMAN SERVICES National Institutes of Health, HHS). Dated: August 19, 1998. DEPARTMENT OF HEALTH AND National Institutes of Health LaVerne Y. Stringfield, HUMAN SERVICES National Institute of Mental Health; Committee Management Officer, NIH. National Institutes of Health Notice of Meeting [FR Doc. 98–23190 Filed 8–27–98; 8:45 am] BILLING CODE 4140±01±M National Heart, Lung, and Blood Pursuant to section 10(d) of the Institute, Notice of Closed Meetings Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the HUMAN SERVICES Federal Advisory Committee Act, as is hereby given of a meeting of the National Advisory Mental Health amended (5 U.S.C. Appendix 2), notice National Institutes of Health is hereby given of the following Council. meetings. The meeting will be open to the National Institute of Allergy and The meetings will be closed to the public as indicated below, with Infectious Diseases; Notice of Closed public in accordance with the attendance limited to space available. Meeting provisions set forth in sections individuals who plan to attend and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., need special assistance, such as sign Pursuant to section 10(d) of the as amended. The contract proposals and language interpretation or other Federal Advisory Committee Act, as the discussions could disclose reasonable accommodations, should amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial notify the Contact Person listed below is hereby given of the following property such as patentable materials, in advance of the meeting. meeting. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46057

The meeting will be closed to the Emphasis Panel RFP 98–26—Studies to Drive, Natcher Building, Rm. 4AN44F, public in accordance with the Evaluate the Toxicologic and Carcinogenic National Institutes of Health, Bethesda, MD provisions set forth in sections Potential of Chemicals by Oral and Dermal 20892, (301) 594–2372. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Exposure. (Catalogue of Federal Domestic Assistance as amended. The grant applications and Date: September 18, 1998. Program Nos. 93.121, Oral Diseases and Time: 8:30 AM to 2:00 PM. Disorders Research, National Institutes of the discussions could disclose Agenda: To review and evaluate contract confidential trade secrets or commercial Health, HHS) proposals. Dated: August 24, 1998. property such as patentable material, Place: NIEHS, South Campus, Bldg 101, and personal information concerning Conference Room–A, Research Triangle Park, LaVerne Y. Stringfield, individuals associated with the grant NC 27709. Committee Management Officer, NIH. applications, the disclosure of which Contact Person: Patrick J. Mastin, Scientific [FR Doc. 98–23195 Filed 8–27–98; 8:45 am] would constitute a clearly unwarranted Review Administrator, 79 Alexander Drive, BILLING CODE 4140±01±M invasion of personal privacy. Research Triangle Park, NC 27709, (919) 541– 1446. Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Allergy and Infectious Diseases Special DEPARTMENT OF HEALTH AND Program Nos. 93.115, Biometry and Risk Emphasis Panel Network on Antimicrobial HUMAN SERVICES Resistance in Staphylococcus Aureus. Estimation—Health Risks from Date: October 21, 1998. Environmental Exposures; 93.142, NIEHS National Institutes of Health Time: 10:00 AM to adjournment. Hazardous Waste Worker Health and Safety Agenda: To review and evaluate contract Training; 93.143, NIEHS Superfund National Library of Medicine; Notice of proposals. Hazardous Substances—Basic Research and Meeting Place: Sheraton Crystal City, Crystal II Education; 93.894, Resources and Manpower Room, 1800 Jefferson Davis Highway, Development in the Environmental Health Pursuant to section 10(d) of the Arlington, VA 22202. Sciences; 93.113, Biological Response to Federal Advisory Committee Act, as Contact Person: Allen C Stoolmiller, Environmental Health Hazards; 93.114, amended (5 U.S.C. Appendix 2), notice Scientific Review Administrator, Scientific Applied Toxicological Research and Testing, is hereby given of a meeting of the National Institutes of Health, HHS) Review Program, Division of Extramural Board of Scientific Counselors, National Activities, NIAID, NIH, Solar Building, Room Dated: August 24, 1998. Library of Medicine. 4C05, 6003 Executive Boulevard MSC 7610, LaVerne Y. Stringfield, Bethesda, MD 20892–7610, 301–496–7966. The meeting will be open to the Committee Management Officer, NIH. public as indicated below, with (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, [FR Doc. 98–23193 Filed 8–27–98; 8:45 am] attendance limited to space available. and Transplantation Research; 93.856, BILLING CODE 4140±01±M Individuals who plan to attend and Microbiology and Infectious Diseases need special assistance, such as sign Research, National Institutes of Health, HHS) language interpretation or other Dated: August 24, 1998. DEPARTMENT OF HEALTH AND reasonable accommodations, should LaVerne Y. Stringfield, HUMAN SERVICES notify the Contact Person listed below in advance of the meeting. Committee Management Officer, NIH. National Institutes of Health [FR Doc. 98–23192 Filed 8–27–98; 8:45 am] The meeting will be closed to the public as indicated below in accordance BILLING CODE 4140±01±M National Institute of Dental Research; with the provisions set forth in section Notice of Closed Meeting 552b(c)(6), Title 5 U.S.C., as amended DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the for the review, discussion, and HUMAN SERVICES Federal Advisory Committee Act, as evaluation of individual intramural amended (5 U.S.C. Appendix 2), notice programs and projects conducted by the National Institutes of Health is hereby given of the following National Library of Medicine, including meeting. consideration of personnel National Institute of Environmental The meeting will be closed to the qualifications and performance, and the Health Sciences; Notice of Closed public in accordance with the competence of individual investigators, Meeting provisions set forth in sections the disclosure of which would Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., constitute a clearly unwarranted Federal Advisory Committee Act, as as amended. The grant applications and invasion of personal privacy. amended (5 U.S.C. Appendix 2), notice the discussions could disclose Name of Committee: Board of Scientific is hereby given of the following confidential trade secrets or commercial Counselors, National Library of Medicine. meeting. property such as patentable material, Date: October 15–16, 1998. The meeting will be closed to the and personal information concerning Open: October 15, 1998, 9:00 AM to 1:00 public in accordance with the individuals associated with the grant PM. provisions set forth in sections applications, the disclosure of which Agenda: Review of research and would constitute a clearly unwarranted development programs and preparation of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., reports of the Lister Hill National Center for as amended. The grant applications and invasion of personal privacy. Biomedical Communications. the discussions could disclose Name of Committee: National Institute of Place: National Library of Medicine, 8600 confidential trade secrets or commercial Dental Research Special Emphasis Panel, 98– Rockville Pike, Board Room, Bethesda, MD property such as patentable material, 54, R03’s, T35 Reviews. 20894. and personal information concerning Date: September 24, 1998. Closed: October 15, 1998, 1:00 PM to 2:00 individuals associated with the grant Time: 1:00 PM to 4:00 PM. PM. applications, the disclosure of which Agenda: To review and evaluate grant Agenda: To review and evaluate personal would constitute a clearly unwarranted applications. qualifications and performance, and Place: Natcher Bldg., Bethesda, MD 20892– competence of individual investigators. invasion of personal privacy. 6400 (Telephone Conference Call). Place: National Library of medicine, 8600 Name of Committee: National Institute of Contact Person: William J. Gartland, Rockville Pike, Board Room, Bethesda, MD Environmental Health Sciences Special Scientific Review Administrator, 4500 Center 20894. 46058 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Open: October 15, 1998, 2:00 PM to 5:00 Name of Committee: National Library of plans, call the SAMHSA Reports PM. Medicine Special Emphasis Panel. Clearance Officer on (301) 443–7978. Agenda: Review of research and Date: September 2–4, 1998. Comments are invited on: (a) whether development programs and preparation of Time: September 2, 1998, 7:30 PM to 10:00 PM. the proposed collections of information reports of the Lister Hill National Center for are necessary for the proper Biomedical Communications. Agenda: To review and evaluate grant Place: National Library of Medicine, 8600 applications. performance of the functions of the Rockville Pike, Board Room, Bethesda, MD Place: Omni Chicago Hotel, 676 North agency, including whether the 20894. Michigan Avenue, Chicago, IL 60611. information shall have practical utility; Open: October 16, 1998, 9:00 AM to 12:00 Time: September 3, 1998, 8:30 AM to 5:00 (b) the accuracy of the agency’s estimate PM. PM. of the burden of the proposed collection Agenda: Review of research and Agenda: To review and evaluate grant of information; (c) ways to enhance the applications. development programs and preparation of quality, utility, and clarity of the reports of the Lister Hill National Center for Place: University of Chicago, 5801 South Ellis Avenue, Chicago, IL 60637. information to be collected; and (d) Biomedical Communications. Time: September 4, 1998, 8:30 AM to 12:00 ways to minimize the burden of the Place: National Library of Medicine, 8600 PM. collection of information on Rockville Pike, Board Room, Bethesda, MD Agenda: To review and evaluate grant respondents, including through the use 20894. applications. Contact Person: Alexa McCray, Director, of automated collection techniques or Place: Omni Chicago Hotel, 676 North other forms of information technology. Lister Hill National Center for Biomedical Michigan Avenue, Chicago, IL 60611. Communications, National Library of Contact Person: Sharee Pepper, Scientific Proposed Project: Survey of Substance Medicine, Bldg. 38A, Room 7N–707, Review Administrator, Health Scientist Bethesda, MD 20894. Abuse Treatment Providers as Administrator, Office of Extramural Information Customers (Catalogue of Federal Domestic Assistance Programs, National Library of Medicine, 6705 Program Nos. 93.879, Medical Library Rockledge Drive, Suite 301, Bethesda, MD Clinicians in the field of substance Assistance, National Institutes of Health, 20892. abuse treatment are increasingly turning HHS) This notice is being published less than 15 to information products and services in Dated: August 20, 1998. days prior to the meeting due to the timing managing the care of their patients, LaVerne Y. Stringfield, limitations imposed by the review and accessing new knowledge about funding cycle. Committee Management Officer, NIH. treatment, and organizing their (Catalogue of Federal Domestic Assistance [FR Doc. 98–23188 Filed 8–27–98; 8:45 am] management systems. This study will Program Nos. 93.879, Medical Library help SAMHSA’s Center for Substance BILLING CODE 4140±01±M Assistance, National Institutes of Health, HHS) Abuse Treatment (CSAT) to be better able to synthesize and disseminate Dated: August 19, 1998. DEPARTMENT OF HEALTH AND knowledge by providing a LaVerne Y. Stringfield, HUMAN SERVICES representative assessment of the Committee Management Officer, NIH. information products and services that National Institutes of Health [FR Doc. 98–23191 Filed 8–27–98; 8:45 am] currently exist in the substance abuse BILLING CODE 4140±01±M treatment industry. National Library of Medicine; Notice of Program directors and clinicians will Closed Meeting be surveyed in a 15-minute telephone DEPARTMENT OF HEALTH AND interview asking about their perceptions Pursuant to section 10(d) of the HUMAN SERVICES of information products and services Federal Advisory Committee Act, as that are currently being used, and their amended (5 U.S.C. Appendix 2), notice Substance Abuse and Mental Health Services Administration Agency perceived need or interest in such new is hereby given of the following or improved products being developed meeting. Information Collection Activities: Proposed Collection; Comment and made available. The instrument that The meeting will be closed to the Request will be used to survey the providers and public in accordance with the clinical staff will include a series of provisions set forth in sections In compliance with Section questions around a taxonomy and list of 552b(c)(4) and 522b(c)(6), Title 5 U.S.C., 3506(c)(2)(A) of the Paperwork information products and services that as amended. The grant applications and Reduction Act of 1995 concerning are or might be used in the substance the discussions could disclose opportunity for public comment on abuse treatment provider industry. A confidential trade secrets or commercial proposed collections of information, the nationally representative target sample property such as patentable material, Substance Abuse and Mental Health of 275 facilities will be drawn, and and personal information concerning Services Administration will publish interviews will be completed with individuals associated with the grant periodic summaries of proposed program facility directors and clinical applications, the disclosure of which projects. To request more information staff. The estimated annualized burden would constitute a clearly unwarranted on the proposed projects or to obtain a for a one-year data collection period is invasion of personal privacy. copy of the information collection summarized below.

Average Number of Number of burden/re- Total bur- respondents responses/ sponse den hours respondent (hours)

Facility Directors ...... 275 1 .25 69 Clinical Staff ...... 467 1 .25 117

Total ...... 176 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46059

Send comments to Nancy Pearce, documents, call the SAMHSA Reports Intervention Services (EIS) projects. All SAMHSA Reports Clearance Officer, Clearance Officer on (301) 443–7978. SSAs who are or have been required to Room 16–105, Parklawn Building, 5600 set aside funds for HIV EIS projects will Proposed Project Fishers Lane, Rockville, MD 20857. be surveyed as to their ability to monitor Written comments should be received Survey of the Single State Authority the set aside expenditure, to collect within 60 days of this notice. (SSA) for Substance Abuse on the meaningful data concerning these Availability of HIV/AIDS Services for Dated: August 24, 1998. projects, and, in consultation with other Substance Abusers—New. With the entities concerned with the welfare of Patricia S. Bransford, converging twin epidemics of HIV and Acting Executive Officer, SAMHSA. HIV+ substance abusers, provide substance abuse, and the rising number direction to these projects. [FR Doc. 98–23134 Filed 8–27–98; 8:45 am] of injecting drug users and other BILLING CODE 4162±20±P substance abusers who are at high risk The data collected from this survey of becoming HIV infected, the Division will primarily be used to evaluate what of State and Community Assistance changes are necessary in the annual DEPARTMENT OF HEALTH AND (DSCA), Center for Substance Abuse SAPT Block Grant application. HUMAN SERVICES Treatment (CSAT), intends to survey all Secondary uses for this data will be for Single State Authorities (SSAs) for CSAT to better target technical Substance Abuse and Mental Health Substance Abuse and other designated assistance activities to/for the SSAs to Services Administration entities to receive Substance Abuse more appropriately and more efficiently Prevention and Treatment (SAPT) Block offer comprehensive treatment systems Agency Information Collection Grant awards concerning the availability for HIV+ clients in substance abuse Activities: Submission for OMB Review; of HIV/AIDS services and their efforts to treatment. Results will be shared with Comment Request provide comprehensive substance abuse CDC-funded HIV prevention grantees Periodically, the Substance Abuse and treatment to HIV+ and individuals at and HRSA-funded Ryan White CARE Mental Health Services Administration high risk of contracting HIV. Act grantees so as to better coordinate (SAMHSA) will publish a list of The SAPT Block Grant requires that and collaborate between substance information collection requests under all entities receiving grants, who have abuse treatment programs and HIV OMB review, in compliance with the an AIDS case rate equal to or greater prevention and treatment programs. The Paperwork Reduction Act (44 U.S.C. than 10 per 100,000, expend between 2– estimated annualized burden for this Chapter 35). To request a copy of these 5% of the award on HIV Early project is summarized below.

Number of Number of responses/ Hours/re- Total bur- respondents respondent sponse den hours

SSAs and other designated entities to receive SAPT block grant funds: Part IÐcompleted by all entities ...... 60 1 .5 30 Part IIÐcompleted only by entities designated as the HIV Set-aside entities ...... 45 1 2.5 113

Total ...... 143

Written comments and ACTION: Notice. regarding unutilized and underutilized recommendations concerning the buildings and real property controlled proposed information collection should SUMMARY: This Notice identifies by such agencies or by GSA regarding be sent within 30 days of this notice to: unutilized, underutilized, excess,and its inventory of excess or surplus Daniel Chenok, Human Resources and surplus Federal property reviewed by Federal property. This Notice is also Housing Branch, Office of Management HUD for suitability for possible use to published in order to comply with the and Budget, New Executive Office assist the homeless. December 12, 1988 Court Order in Building, Room 10235, Washington, DC FOR FURTHER INFORMATION CONTACT: National Coalition for the Homeless v. 20503. Mark Johnston, room 7256, Department Veterans Administration, No. 88–2503– of Housing and Urban Development, Dated: August 24, 1998. OG (D.D.C.). 451 Seventh Street SW, Washington, DC Properties reviewed are listed in this Patricia S. Bransford, 20410; telephone (202) 708–1226; TTY Notice according to the following Acting Executive Officer, SAMHSA. number for the hearing- and speech- categories: Suitable/available, suitable/ [FR Doc. 98–23133 Filed 8–27–98; 8:45 am] impaired (202) 708–2565 (these unavailable, suitable/to be excess, and BILLING CODE 4162±20±P telephone numbers are not toll-free), or unsuitable. The properties listed in the call the toll-free Title V information line three suitable categories have been at 1–800–927–7588. reviewed by the landholding agencies, SUPPLEMENTARY INFORMATION: In and each agency has transmitted to DEPARTMENT OF HOUSING AND accordance with 24 CFR part 581 and HUD: (1) Its intention to make the URBAN DEVELOPMENT section 501 of the Stewart B. McKinney property available for use to assist the Homeless Assistance Act (42 U.S.C. homeless, (2) its intention to declare the [Docket No. FR±4341±N± 24] 11411), as amended, HUD is publishing property excess to the agency’s needs, or Federal Property Suitable as Facilities this Notice to identify Federal buildings (3) a statement of the reasons that the to Assist the Homeless and other real property that HUD has property cannot be declared excess or reviewed for suitability for use to assist made available for use as facilities to AGENCY: Office of the Assistant the homeless. The properties were assist the homeless. Secretary for Community Planning and reviewed using information provided to Properties listed as suitable/available Development, HUD. HUD by Federal landholding agencies will be available exclusively for 46060 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices homeless use for a period of 60 days Stovall Street, Alexandria, VA 22332– Status: Excess from the date of this Notice. Homeless 2300; (703) 325–7342; (These are not Comment: 1700 sq. ft. single family homes, assistance providers interested in any toll-free numbers). need major rehab, most recent use— residential such property should send a written Dated: August 20, 1998. Indiana expression of interest to HHS, addressed Fred Karnas, Jr., to Brian Rooney, Division of Property Vincennes Federal Building Deputy Assistant Secretary for Economic 501 Busseron St. Management, Program Support Center, Development. HHS, room 5B–41, 5600 Fishers Lane, Vincennes Rockville, MD 20857; (301) 443–2265. TITLE V. FEDERAL SURPLUS PROPERTY Co: Knox IN 47591– (This is not a toll-free number.) HHS PROGRAM FEDERAL REGISTER REPORT Landholding Agency: GSA FOR 08/28/98 Property Number: 549820015 will mail to the interested provider an Status: Excess application packet, which will include Suitable/Available Properties Comment: 22,000 sq. ft., presence of asbestos, instructions for completing the Buildings (by State) property is historically significant, most application. In order to maximize the recent use—office bldg. opportunity to utilize a suitable Connecticut GSA Number: 1–G–IN–592 property, providers should submit their USCG Cutter Redwood Pier Michigan 150 Bank Street written expressions of interest as soon Parcel 1 as possible. For complete details New London CT 06320–6002 Landholding Agency: GSA Old Lifeboat Station concerning the processing of Property Number: 549810017 East Tawas applications, the reader is encouraged to Status: Excess Co: Iosco MI refer to the interim rule governing this Comment: garage, shed, guard house located Landholding Agency: GSA program, 24 CFR part 581. on concrete pier, most recent use—storage Property Number: 549730011 For properties listed as suitable/to be GSA Number: 1–U–CT–540 Status: Excess Comment: 2062 sq. ft. station bldg., garage, excess, that property may, if Facility CH–901 boathouse, oilhouse, possible asbestos/lead subsequently accepted as excess by Naval Submarine Base paint, eligible for listing on National Co: New London CT GSA, be made available for use by the Register of Historic Places Landholding Agency: Navy homeless in accordance with applicable GSA Number: 1–UU–MI–500 law, subject to screening for other Property Number: 779830045 Status: Excess Parcel 2 Federal use. At the appropriate time, Tawas Point Lighthouse HUD will publish the property in a Comment: 6161 sq. ft., needs rehab, presence of asbestos/lead paint, most recent use— East Tawas Notice showing it as either suitable/ community center, off-site use only Co: Iosco MI available or suitable/unavailable. Landholding Agency: GSA For properties listed as suitable/ Georgia Property Number: 549730012 unavailable, the landholding agency has Phil Landrum Federal Bldg. Status: Excess decided that the property cannot be 35 W. Church Street Comment: lighthouse, duplex dwelling, declared excess or made available for Jasper Co: Pickens GA 30143– garage, storage, possible asbestos/lead use to assist the homeless, and the Landholding Agency: GSA paint, wetlands, listed on National Register Property Number: 549810008 of Historic Places, restricted access property will not be available. Status: Surplus GSA Number: 1–U–MI–500 Properties listed as unsuitable will Comment: 9533 sq. ft., 2-story, no elevators/ Eagle Harbor Lighthouse not be made available for any other no handicapped ramps, steps need repair, Rt. 26 purpose for 20 days from the date of this most recent use—postal service with Eagle Harbor Notice. Homeless assistance providers parking lot Co: Keweenaw MI 44950– interested in a review by HUD of the GSA Number: 4–G–GA–854 Landholding Agency: GSA determination of unsuitability should Illinois Property Number: 549740018 call the toll free information line at 1– Radar Communication Link Status: Excess Comment: 2 bldgs., 3111 sq. ft. combined, 800–927–7588 for detailed instructions 1⁄2 mi east of 116th St. or write a letter to Mark Johnston at the Co: Will IL presence of asbestos/lead paint, most address listed at the beginning of this Landholding Agency: GSA recent use—museum and storage GSA Number: 1–U–MI–420A Notice. Included in the request for Property Number: 549820013 review should be the property address Status: Excess 6 Bldgs., Navy Family Housing Comment: 297 sq. ft. concrete block bldg. Great Lakes Naval Training Center (including zip code), the date of Locust & Barberry Streets publication in the Federal Register, the with radar tower antenna, possible lead based paint, most recent use—air traffic Battle Creek landholding agency, and the property control Co: Calhoun MI 49015– number. GSA Number: 2–U–IL–696 Landholding Agency: Navy For more information regarding Natl Weather Svc. Meter. Obs. Property Number: 779820129 particular properties identified in this Morris Blacktop Rd. Status: Excess Notice (i.e., acreage, floor plan, existing Miller Township Comment: 2,530 sq. ft. designed for 4 families sanitary facilities, exact street address), Co: LaSalle IL 61341– each, needs major rehab, most recent use— providers should contact the Landholding Agency: GSA residential appropriate landholding agencies at the Property Number: 549820014 Minnesota following addresses: GSA: Mr. Brian K. Status: Excess Duluth Duplex Housing Polly, Assistant Commissioner, General Comment: 1400 sq. ft. office bldg. & 500 sq. 725 & 725 1⁄2 Lake Ave. Services Administration, Office of ft. garage Duluth GSA Number: 1–C–IL–708 Property Disposal, 18th and F Streets, Co: St. Louis MN 55802– NW, Washington, DC 20405; (202) 501– 18 Bldgs., Navy Family Housing Landholding Agency: GSA Great Lakes Naval Training Center Property Number: 549740013 2059; NAVY: Mr. Charles C. Cocks, Hanna City Status: Excess Department of the Navy, Director, Real Co: Peoria IL Comment: 2-story brick dwelling, possible Estate Policy Division, Naval Facilities Landholding Agency: Navy lead paint Engineering Command, Code 241A, 200 Property Number: 779820130 GSA Number: 1–U–MN–571 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46061

Montana Sgy. H. Grover H. O’Conner USARC 317 First Street Forsyth Tech Operations Site 303 N. Lackawanna Street Wausau Forsyth Wayland Co: Marathon WI 54401– Co: Rosebud MT 59327– Co: Steuben NY 14572 Landholding Agency: GSA Landholding Agency: GSA Landholding Agency: GSA Property Number: 549820016 Property Number: 189610001 Property Number: 219710239 Status: Excess Status: Surplus Status: Unutilized Comment: 30,500 sq. ft., presence of asbestos, Comment: 6843 sq. ft. bldg, with 6.43 acres Comment: 2 bldgs., 17,102 sq. ft., and 1,325 eligible for listing on the Natl Register of of land, most recent use—AF training site sq. ft., 1-story Historic Places, most recent use—office GSA Number: 7–D–MT–609 GSA Number: 1–D–NY–866 GSA Number: 1–G–WI–593 Nebraska Pennsylvania Land (by State) Sewage Treatment Plant NE City Repair/Storage Garage Colorado Allenwood HWY 2 Co: Union PA 17887– Land—Dallas Creek Project Nebraska City Landholding Agency: GSA SE Quarter of Section 8 Co: Otoe NE 68410– Property Number: 549820001 Ridgway Landholding Agency: GSA Status: Excess Co: Ouray CO 81432– Property Number: 549830003 Comment: concrete block, serves correctional Landholding Agency: GSA Status: Excess complex Property Number: 549830004 Comment: 6400 sq. ft sheet metal bldg., w/ GSA Number: 4–J–PA–402 Status: Excess concrete and gravel floor on 1.84 acres of Comment: 2 tracts of land, 0.96 acres land Texas GSA Number: 7–I–CO–644 GSA Number: 7–D–NE–525 Bldg. 439 Kansas Nevada Fort Crockett/53rd St. Housing Galveston Portions of Tracts A106 & A111 5 Units, Tonoph Housing (902, 904, 920, 922, Co: Galveston TX 77553– Kanopolis Lake 927) Landholding Agency: GSA Rt. 1, Box 30 Air Force Road Property Number: 879630011 Marquette Tonoph Status: Surplus Co: Ellsworth KS 67464– Co: Nye NV 89049– Comment: 1632 sq. ft. per floor, 2-story, most Landholding Agency: GSA Landholding Agency: GSA recent use—residential, historic properties Property Number: 549820006 Property Number: 549810002 GSA Number: 7–U–TX–0549G, H, I Status: Surplus Status: Excess Comment: 8 portions totaling 18.84 acres, Comment: 1191–1382 sq. ft., most recent Virginia most recent use—undeveloped floodplain, use—residential, fair condition, presense of Bldg. U–1100 easement restrictions, several sites asbestos, possible lead based paint Naval Air Station landlocked GSA Number: 9–U–NV–467E Norfolk VA 23511– GSA Number: 7–D–KS–0499–D New Jersey Landholding Agency: Navy Maine Property Number: 779830061 ESMT Manasquan Status: Excess GWEN Site (Patten) 124 Ocean Ave Comment: 8919 sq. ft., presence of asbestos, Loring AFB Manasquan most recent use—storage, off-site use only Stacyville Co: Monmouth NJ Co: Herseytown ME 04742– Bldg. U–47 Landholding Agency: GSA Landholding Agency: GSA Naval Air Station Property Number: 549730025 Property Number: 189640018 Norfolk VA 23511– Status: Excess Status: Excess Landholding Agency: Navy Comment: main bldg. (5714 sq. ft.), paint Comment: 23.55 acres w/226 sq. ft. relay Property Number: 779830062 locker (96 sq. ft.), garage (3880 sq. ft.), need station Status: Excess repairs, presence of asbestos/lead paint, GSA Number: 1–D–ME–630 Coast Guard easement Comment: 1000 sq. ft., most recent use— GSA Number: 1–U–NJ–0632 storage, off-site use only Massachusetts Gibbsboro Air Force Station Washington Estate of S. Newburg Lois and Ellen Street Gibbsboro 747 Building Complex Haverhill Co: Camden NJ 805 Goethals Drive Co: Essex MA 01830– Landholding Agency: GSA Richland Landholding Agency: GSA Property Number: 549810018 Co: Benton WA 99352– Property Number: 549630017 Status: Excess Landholding Agency: GSA Status: Excess Comment: 19 acres w//24 structures Property Number: 549820005 Comment: land—36,425 sq. ft.—two including 1344 sq, ft. office bldg., 5652 sq. Status: Surplus noncontiguous parcels, heavily wooded ft. storage bldg., bowling center and Comment: 4 bldgs. (2 bldgs. utilized w/lease GSA Number: 1–G–MA–793 support facilities provisions), most recent use—labs/offices, GSA Number: 1–D–NJ–603B presence of asbestos/lead paint Michigan New York GSA Number: 9–B–WA–1145 Parcel 3, Parcel B U.S. Army Reserve Center Wisconsin East Tawas Co: Iosco MI Elizabethtown Reserve Center Natl Weather Svc Forecast Ofc. Landholding Agency: GSA Corner of Water and Cross Streets 3009 W. Fairview Rd. Property Number: 549730013 Elizabethtown Neenah Status: Excess Co: Esses NY 12932– Co: Winnebago WI 54956– Comment: 2.02 acres of land, wooded and Landholding Agency: GSA Landholding Agency: GSA primarily wetlands, restricted access Property Number: 219540016 Property Number: 549820004 GSA Number: 1–U–MI–500 Status: Excess Status: Excess Comment: 4316 sq. ft. reserve center/1315 sq. Comment: 1755 sq. ft., good condition, New York ft. motor repair shop, 1 story each, concrete presence of asbestos/lead paint, most Land—US Army Reserve Center block/brick frame recent use—office Glens Falls GSA Number: 1–D–NY–861 GSA Number: 1–C–WI–594 17 miles NE of Saratoga Springs Reserve Center Wausau Federal Building Glens Falls 46062 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Co: Warren NY Co.: Sonoma CA Landholding Agency: GSA Landholding Agency: GSA Landholding Agency: GSA Property Number: 549740006 Property Number: 549810015 Property Number: 549730001 Status: Surplus Status: Excess Status: Excess Comment: 2230 sq. ft., most recent use— Comment: 6.965 acres, no improvements Comment: 32–13,374 sq. ft., temp. quonset weather service office, presence of asbetos GSA Number: 1–D–NY–862 huts to perm. wood/concrete most recent GSA Number: 7–C–MO–0639 Texas use—housing, admin., support facilities, Nebraska remote location, below sea level, high Lots 6, 7, & 8 (Block 7) maintenance Forecast Office River Ridge Subdivision GSA Number: 9–N–CA–1488 11404 N 72nd Street 14100 block of River Rock Dr. Omaha Corpus Christi Vallejo Federal Building Co: Douglas NE 58102– Co: Nueces TX 78410– 823 Marin Ave. Landholding Agency: GSA Landholding Agency: GSA Vallejo Property Number: 549740005 Property Number: 549820007 Co.: Solano CA Status: Surplus Status: Surplus Landholding Agency: GSA Comment: 4755 sq. ft., most recent use— Comment: 1.915 acres (3 lots), vacant Property Number: 549740014 weather service office, presence of asbestos residential lots Status: Excess GSA Number: 7–C–NE–0522 GSA Number: 7–J–TX–1052 Comment: 15,134 sq. ft., most recent use— Natl Weather Svc Forecast Ofc office, possible asbestos/lead paint, historic Rt. 2 West Virginia significance Alliance Co: Box Butte NE East Williamson GSA Number: 9–G–CA–1502 Landholding Agency: GSA Segment 7 Iowa Property Number: 549740021 Williamson Status: Excess Naval Family Housing Co: Mingo WV 25661– Comment: 1500 sq. ft., presence of asbestos, 23-Units Landholding Agency: GSA most recent use—office Waverly Co: Bremer IA 50677– Property Number: 549820012 GSA Number: 7–C–NE–0524 Landholding Agency: GSA Status: Excess Nevada Comment: 3.17 acres sectioned, floodplain Property Number: 549720009 GSA Number: 4–D–WV–528 Status: Excess 5 Single Family Residences Comment: 23-housing units, sq. ft. varies Tonopah Housing Complex Suitable/Unavailable Properties from 864–1760, capehart, wood frame, 1- Tonopah Co: Nye NV 89049– story Landholding Agency: GSA Buildings (by State) GSA Number: 7–D–LA–0463B Property Number: 549430004 Alaska Maine Status: Excess 10 Office Buildings Comment: 1192 to 1378 sq ft., 1 story wood 51 Housing Units/w/garages Anchorage Native Medical Center residences, 3 bedrooms/1 bathroom Charleston Family Housing Complex 255 Gambell St. GSA Number: 9–U–NV–467–C Maxwell Lane & Randolph Drive Anchorage 13 Single Family Residences Bangor Co.: Anchorage AK 99501– Tonopah Housing Complex Co: Penobscot ME 04401– Landholding Agency: GSA Tonopah Co: Nye NV 89049– Landholding Agency: GSA Property Number: 549710002 Landholding Agency: GSA Property Number: 549640012 Status: Surplus Property Number: 549430005 Statuts: Excess Comment: high maintenance costs, does not Status: Excess meet Fed. seismic standards, presence of Comment: 1300 sq. ft. each, 1-story Comment: 1192–1898 sq ft., 1 story wood asbestos, PCB’s, lead paint GSA Number: 1–D–ME–526H residences, 4 bedrooms/2 bathrooms GSA Number: 9–F–AK–750 Michigan GSA Number: 9–U–NV–467–C Storage Buildings Detroit Job Corps Center New York Anchorage Native Medical Center 10401 E. Jefferson & 1438 Garland; Fed Office Building 255 Gambell St. 1265 St. Clair 35 Ryerson Street Anchorage Detroit Brooklyn Co: Kings NY Co.: Anchorage AK 99501– Co: Wayne MI 42128– Landholding Agency: GSA Landholding Agency: GSA Landholding Agency: GSA Property Number: 549630011 Property Number: 549710003 Property Number: 549510002 Status: Excess Status: Surplus Status: Surplus Comment: nine floors and basement, possible Comment: high maintenance costs, does not Comment: Main bldg. is 80,590 sq. ft., 5- asbestos, needs rehab, most recent use— meet Fed. seismic standards, presence of story, adjacent parking lot, 2nd bldg. on St. VA Clinic asbestos, PCB’s, lead paint Clair Ave. is 5140 sq. ft., presence of GSA Number: 1–G–NY–637A GSA Number: 9–F–AK–750 asbestos in main bldg., to be vacated 8/97 Stockton School/Maint Garage 1 Hospital GSA Number: 2–L–MI–757 Mill Street Anchorage Native Medical Center S. Haven Keeper’s Dwelling Stockton NY 14784– 255 Gambell St. 91 Michigan Ave. Landholding Agency: GSA Anchorage South Haven Property Number: 549730024 Co.: Anchorage AK 99501– Co: Van Buren MI 49090– Status: Surplus Landholding Agency: GSA Landholding Agency: GSA Comment: 13,555 sq ft., 1-story, most recent Property Number: 549710004 Property Number: 549740012 use—training center, 4.8 acres of land Status: Surplus Status: Excess GSA Number: 1–L–NY–0860 Comment: 173,336 sq. ft., high maintenance Comment: 3257 sq. ft., 2-story dwelling and North Carolina costs, does not meet Fed. Seismic 800 sq. ft. garage, presence of asbestos/lead standards, presence of asbestos, PCB’s, lead paint Federal Building paint GSA Number: 1–U–MI–475C 140 4th Avenue West GSA Number: 9–F–AK–750 Hendersonville Co: Henderson NC 28739– Missouri Landholding Agency: GSA California Meteorological Observatory Property Number: 549730021 112 Bldgs.—Skaggs Island 323 Farm Road Status: Excess Naval Security Group Monett Comment: 6522 sq. ft., most recent use— Skaggs Island Co: Berry MO 65708–9351 office, good condition Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46063

GSA Number: 4–G–NC–726 Comment: 12 floors, brick, most recent use— San Diego Co: San Diego CA Federal Building office, portion occupied by Federal tenants Landholding Agency: GSA 146 North Main Street GSA Number: 4–G–PA–776 Property Number: 549310008 Rutherfordton Co: Rutherford NC 28139– Airport Surv. Radar Site Status: Surplus Landholding Agency: GSA Beacon Road Comment: Parcel 1—0.15 acre, Parcel 2—0.17 Property Number: 549730022 New Cumberland Co: Cumberland PA acre, located in the narrow median strip Status: Excess 17070– between Murphy Canyon Rd. and State Comment: 4919 sq. ft., most recent use— Landholding Agency: GSA Highway 15, previously leased by office, good condition Property Number: 549810010 homeless provider GSA Number: 4–G–NC–727 Status: Surplus GSA Number: 9–GR (6)–CA–694A Tarheel Army Missile Plant Comment: 1,512 sq. ft., concrete block bldg. Lake Sonoma, Tract 1607 Burlington Co: Alamance NC 27215– and 340 sq. ft. bldg. in disrepair, water and Geyserville CA Landholding Agency: GSA sewer lines not installed, limited Landholding Agency: GSA Property Number: 549820002 accessibility Property Number: 549740020 Status: Excess GSA Number: 4–U–PA–783 Status: Excess Comment: 139 acres, most recent use— Comment: 31 bldgs., presence of asbestos, Tennessee most recent use—admin., warehouse, recreation production space and 10.04 acres parking Federal Building GSA Number: 9–D–CA–1504 area, contamination at site—environmental 130 Main Street Colorado clean up in process Carthage Co: Smith TN 37030– Landholding Agency: GSA Erie Substation GSA Number: 4–D–NC–593 Hwy 87 Property Number: 549730010 Co: Weld CO Ohio Status: Excess Landholding Agency: GSA Zanesville Federal Building Comment: 7,295 sq. ft., 3-story, excellent Property Number: 549740002 65 North Fifth Street condition, most recent use—office space Status: Excess Zanesville Co: Muskingum OH GSA Number: 4–G–TN–643 Comment: 2.75 acres, most recent use— Landholding Agency: GSA Virginia electrical substation, (transmission lines) Property Number: 549520018 Status: Excess National Weather Service Georgia Comment: 18750 sq. ft., most recent use— Route 3 NARACS Site office, possible asbestos, eligible for listing Volens Co: Halifax VA North side of GA Hwy 36, 5 mi. west of I– on the Natl Register of Historic Places Landholding Agency: GSA 75 GSA Number: 2–G–OH–781A Property Number: 549710001 Co: Lamar GA Keeper’s Dwelling & Shed Status: Excess Landholding Agency: GSA 110 Wall Street Comment: 1,859 sq. ft. brick veneer, most Property Number: 549730002 Huron OH 55802– recent use—office with 1.3 acres/parking Status: Excess Landholding Agency: GSA lot Comment: 76.83 acres with deep well and Property Number: 549740015 GSA Number: 4–C–VA–713 pump house, most recent use—cattle Status: Excess Washington grazing GSA Number: 4–U–GA–0855 Comment: 5100 sq. ft. single family residence Vancouver Info Center and a 216 sq. ft. storage shed, possible lead Interstate Rt. 5 Idaho based paint Vancouver Co: Clark WA 98663– 160 acres GSA Number: 1–U–OH–800 Landholding Agency: GSA Idaho National Engineering Lab Oklahoma Property Number: 549740011 Co: Jefferson ID 83415– Fed. Bldg./Courthouse Status: Excess Landholding Agency: GSA N. Washington & Broadway Streets Comment: 1,200 sq. ft., most recent use— Property Number: 549720008 Ardmore Co: Carter OK 73402– visitor info center, excellent condition Status: Surplus Landholding Agency: GSA GSA Number: 9–GR–WA–514E Comment: 160 acres, most recent use—buffer zone Property Number: 549820009 Land (by State) Status: Excess GSA Number: 9–B–ID–542 Comment: 4000 sq. ft. bldg. w/parking, 3 Arizona Indiana story plus basement, most recent use— Part of Old Mesa Substation Portion office, subject to historic preservation NE corner of University Drive Bureau of Prisons Vigo Farm covenants Mesa Co: Maricopa AZ 85203– Linden Twp GSA Number: 7–G–TX–559 Landholding Agency: GSA Co: Vigo IN Oregon Property Number: 549730008 Landholding Agency: GSA Status: Surplus Gus Solomon U.S. Courthouse Property Number: 549620002 Comment: 3.97 acres, portion graveled, water Status: Excess 620 SW Main Street well, abandoned septic system, most recent Comment: 17.65 acres, most recent use— Portland Co: Multnomah OR 97205– use—parking and buffer area agriculture Landholding Agency: GSA GSA Number: 9–B–AZ–803 GSA Number: 2–J–IN–507C Property Number: 549730023 Status: Underutilized Arkansas Louisiana Comment: 15,775 sq. ft., 7-story, does not Hergett Substation Land—Wallace Lake Dam Road meet Federal seismic requierments, 305 N. Floyd St. Section 35 National Register of Historic Places, Jonesboro Co: Craighead AR Shreveport pending lease Landholding Agency: GSA Co: Caddo LA 71115– GSA Number: 7–G–OR–724 Property Number: 549730017 Landholding Agency: GSA Pennsylvania Status: Excess Property Number: 549810006 Comment: 1.55 acres, most recent use— Status: Excess Federal Office Building electrical substation Comment: 10.6 acres, most recent use— 1421 Cherry Street GSA Number: 7–B–AR–553 agriculture Philadelphia PA 19107– GSA Number: 7–D–LA–556 Landholding Agency: GSA California Property Number: 549730004 (P) Camp Elliott Nebraska Status: Surplus Rosedale Tract Radar Site 46064 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Hwy 92 GSA Number: 7–D–SD–0520 Co: Oahu HI 96792–4301 Gandy Washington Landholding Agency: Navy Co: Logan NE 69163– Property Number: 779830028 Landholding Agency: GSA Sandpoint Control Tower Status: Unutilized Property Number: 549740007 Near 7600 Sandpoint Way, NE Reason: Extensive deterioration Status: Surplus Seattle Co: King WA 98115– Bldg. 50 Comment: .52 acres Naval Magazine Lualualei GSA Number: 7–C–NE–0523 Landholding Agency: GSA Property Number: 549440003 Co: Oahu HI 96792–4301 New Hampshire Status: Excess Landholding Agency: Navy Land—7.97 Comment: 11.3 acres, w/deteriorated bldg. Property Number: 779830029 Army Reserve Center, Industrial Park and parking lot Status: Unutilized Belmont GSA Number: 9–C–WA–1069 Reason: Extensive deterioration Co: Belnap NH Bldg. Q76 Wyoming Landholding Agency: GSA Naval Magazine Lualualei Property Number: 219710118 Pavillion Substation Co: Oahu HI 96792–4301 Status: Excess Wind River Meridian Landholding Agency: Navy Comment: 7.97 acres, severe sloping Co: Fremont WY Property Number: 779830030 GSA Number: 1–D–NH–0489 Landholding Agency: GSA Status: Unutilized Property Number: 549740003 New York Reason: Extensive deterioration Status: Excess Bldg. Q334 Galeville Army Training Site Comment: 0.11 acre tract, most recent use— Naval Magazine Lualualei Shawangunk powerline substation Co: Ulster NY 12589– Co: Oahu HI 96792–4301 Landholding Agency: GSA Unsuitable Properties Landholding Agency: Navy Property Number: 779830031 Property Number: 219510128 Buildings (by State) Status: Excess Status: Unutilized Comment: 621 acres, improved w/inactive Alabama Reason: Extensive deterioration runways, 234 acres is wetlands and habitat Sand Island Light House Bldg. S380 for threatened species Gulf of Mexico Naval Magazine Lualualei GSA Number: 2–D–NY–807 Mobile AL Co: Oahu HI 96792–4301 Landholding Agency: Navy Ohio Landholding Agency: GSA Property Number: 549610001 Property Number: 779830032 Bethany Relay Station Status: Excess Status: Unutilized 8070 Tylersville Road Reason: Other Reason: Extensive deterioration Union Township Comment: Inaccessible Bldg. S381 Co: Butler OH 45040– GSA Number: 4–U–AL–763 Naval Magazine Lualualei Landholding Agency: GSA Co: Oahu HI 96792–4301 Property Number: 549610008 California Landholding Agency: Navy Status: Excess # # 1124, 1545 Property Number: 779830033 Comment: 625 acres, most recent use—radio San Gabriel Canyon Status: Unutilized relay station, bldg. and approx. 125 acres Azusa Reason: Extensive deterioration are unsuitable due to distance from Co: Los Angeles CA 91702– Bldg. Q410 flammable explosive material Landholding Agency: GSA Naval Magazine Lualualei GSA Number: 1–Z–OH–726B Property Number: 549810011 Co: Oahu HI 96792–4301 Oregon Status: Excess Landholding Agency: Navy Portion, Astoria Field Office Reason: Extensive deterioration # Property Number: 779830034 Via Hwy 30 1053 Status: Unutilized Astoria San Gabriel Canyon Reason: Extensive deterioration Co: Clatsop OR 97103– Azusa Co: Los Angeles CA 91702– Bldg. Q422 Landholding Agency: GSA Naval Magazine Lualualei Property Number: 549640015 Landholding Agency: GSA Property Number: 549810012 Co: Oahu HI 96792–4301 Status: Excess Landholding Agency: Navy Comment: 20.6 acres, includes wetlands & Status: Excess Reason: Extensive deterioration Property Number: 779830035 tidelands, parking lot under construction, Status: Unutilized portion located within floodplain Delaware Reason: Extensive deterioration GSA Number: 9–D–OR–447F Delaware Breakwater Light Bldg. 429 Puerto Rico Lewes Naval Magazine Lualualei LaHueca—Naval Station Co: Sussex DE 19958– Co: Oahu HI 96792–4301 Roosevelt Roads Landholding Agency: GSA Landholding Agency: Navy Vieques PR 00765– Property Number: 549640007 Property Number: 779830036 Landholding Agency: GSA Status: Excess Status: Unutilized Property Number: 549420006 Reason: Other Reason: Extensive deterioration Comment: Inaccessible Status: Excess Bldg. 431 GSA Number: 4–U–DE–460 Comment: 323 acres, cultural site Naval Magazine Lualualei South Dakota Mispillion River Light Co: Oahu HI 96792–4301 Milford Old Oahe Lock & Dam Landholding Agency: Navy Co: Sussex DE 19963– Property Number: 779830037 Lake Oahe Project Landholding Agency: GSA Ft. Pierre Status: Unutilized Property Number: 549740001 Reason: Extensive deterioration Co: Stanley SD 57501– Status: Excess Landholding Agency: GSA Reason: Extensive deterioration Bldg. 447 Property Number: 549740004 GSA Number: 4–U–DE–461 Naval Magazine Lualualei Status: Excess Co: Oahu HI 96792–4301 Comment: 1.91 acres, most recent use—old Hawaii Landholding Agency: Navy railroad grade, subject to existing Bldg. 40 Property Number: 779830038 easements Naval Magazine Lualualei Status: Unutilized Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46065

Reason: Extensive deterioration Lake Huron Property Number: 779830051 Indiana Co: Mackinac MI Status: Unutilized Landholding Agency: GSA Reason: Secured Area, Extensive 5 Bldgs. Property Number: 549730019 deterioration Naval Surface Warfare Center, Crane Div. #54, 2530, 2812, 2929, 3031 Status: Excess Missouri Reason: Other Crane Comment: Inaccessible South Coast Guard Base Co: Martin IN 41522– GSA Number: 1–U–MI–444B Iron Street Landholding Agency: Navy St. Clair Flats Station St. Louis MO 63111–2536 Property Number: 779830046 Harsens Island Landholding Agency: GSA Status: Unutilized Co: St. Clair MI 48028– Property Number: 549740010 Reason: Within 2000 ft. of flammable or Landholding Agency: GSA Status: Surplus explosive material Secured Area Property Number: 549730020 Reason: Within 2000 ft. of flammable or Maryland Status: Excess explosive material, Floodway, Extensive Reason: Floodway, Other deterioration Upper Waldorf Field Site GSA Number: 7–U–MO–0576–B Rt. 228—Bensville Rd. Comment: Inaccessible Waldorf GSA Number: 1–U–MI–762 Nevada Co: Charles MD 20601– Harbor Beach Coast Guard Former Weather Service Office Landholding Agency: GSA Harbor Beach Winnemucca Airport Property Number: 549630013 Co: Huron MI 48441– Winnemucca Status: Excess Landholding Agency: GSA Co: Humbolt NV 89445– Reason: Extensive deterioration Property Number: 549810004 Landholding Agency: GSA GSA Number: 4–N–MD–0587 Status: Excess Property Number: 549810001 Lower Waldorf Field Site Reason: Within 2000 ft. of flammable or Status: Excess Waldorf explosive material, Extensive deterioration Reason: Within airport runway clear zone Co: Charles MD 20603– GSA Number: 1–U–MI–492C GSA Number: 9–C–NV–509 Landholding Agency: GSA Minnesota New Hampshire Property Number: 549720002 Federal Building Bldg. 1, ESMT Portsmouth Status: Excess 200 East 4th Street New Castle Reason: Extensive deterioration Redwood Falls Co: Rockingham NH GSA Number: 4–N–MD–587A Co: Redwood MN 56283– Landholding Agency: GSA Michigan Landholding Agency: GSA Property Number: 549730015 Bldg. 15 Offshore Lighthouses Property Number: 549740017 Status: Excess Great Lakes MI Status: Excess Reason: Within 2000 ft. of flammable or Landholding Agency: GSA Reason: Within 2000 ft. of flammable or explosive material Property Number: 549630014 explosive material GSA Number: 1–G– GSA Number: 1–U–NH–486 MN–563 Status: Excess New York Reason: Extensive deterioration Mississippi Bldg. P–1 Fog Signal Building Bldg. 78 Glen Falls Reserve Center St. Martins Island Co: Delta MI 49829– Naval Construction Battalion Center Gulfport Glen Falls Landholding Agency: GSA Co: Harrison MS 39501–5001 Co: Warren NY 12801– Property Number: 549640001 Landholding Agency: Navy Location: 67–73 Warren Street Status: Unutilized Property Number: 779830047 Landholding Agency: GSA Reason: Other Status: Unutilized Property Number: 219540015 Comment: Inaccessible Reason: Secured Area, Extensive Status: Excess GSA Number: 1–U–MI–760 deterioration Reason: Extensive deterioration Paint Locker Bldg. 1113 GSA Number: 1–D–NY–865 St. Martins Island/Lake Michigan Naval Construction Battalion Center Gulfport 2 Offshore Lighthouses Co: Delta MI 49829– Co: Harrison MS 39501–5001 Great Lakes NY Landholding Agency: GSA Landholding Agency: Navy Landholding Agency: GSA Property Number: 549640009 Property Number: 779830048 Property Number: 549630015 Status: Excess Status: Unutilized Status: Excess Reason: Other Reason: Secured Area, Extensive Reason: Extensive deterioration Comment: Inaccessible deterioration Galloo Island Light GSA Number: 1–U–MI–760 Bldg. 147 Lake Ontario Dwelling/Light Tower Naval Construction Battalion Center Gulfport Hounsfield St. Martins Island/Lake Michigan Co: Harrison MS 39501–5001 Co: Jefferson NY Co: Delta MI 49829– Landholding Agency: Navy Landholding Agency: GSA Landholding Agency: GSA Property Number: 779830049 Property Number: 549740016 Property Number: 549640010 Status: Unutilized Status: Excess Reason: Secured Area, Extensive Status: Excess Reason: Other deterioration Reason: Other Comment: Inaccessible Comment: inaccessible Bldg. 187 GSA Number: 1–U–NY–735C GSA Number: 1–U–MI–760 Naval Construction Battalion Center Gulfport Parcel 14, Boat House Co: Harrison MS 39501–5001 Point AuRoche Light East Tawas Landholding Agency: Navy Beekmantown Co: Iosco MI Property Number: 779830050 Co: Clinton NY 12901– Landholding Agency: GSA Status: Unutilized Landholding Agency: GSA Property Number: 549730014 Reason: Secured Area, Extensive Property Number: 879420002 Status: Excess deterioration Status: Excess Reason: Extensive deterioration Reason: Floodway, Extensive deterioration Bldg. 284 GSA Number: 2–4–NY–817 GSA Number: 1–U–MI–500 Naval Construction Battalion Center Gulfport Round Island Passage Light Co: Harrison MS 39501–5001 North Carolina Lake Huron Landholding Agency: Navy Bldg. 899 46066 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Marine Corps Base GSA Number: 1–Z–OH–806 Naval Weapons Station Camp Lejeune Ohio River Division Lab Yorktown Co: Onslow NC 28542–0004 11275 Sebring Drive Co: York VA 23691– Landholding Agency: Navy Forest Park Landholding Agency: Navy Property Number: 779830039 Co: Hamilton OH 45240– Property Number: 779830053 Status: Unutilized Landholding Agency: GSA Status: Excess Reason: Secured Area, Extensive Property Number: 549810007 Reason: Extensive deterioration deterioration Status: Excess Bldg. 416 Bldg. 900 Reason: Within 2000 ft. of flammable or Naval Weapons Station Marine Corps Base explosive material Yorktown Camp Lejeune GSA Number: 1–D–OH–808 Co: York VA 23691– Co: Onslow NC 28542–0004 Toledo Federal Building Landholding Agency: Navy Landholding Agency: Navy 234 Summit Avenue Property Number: 779830054 Property Number: 779830040 Toledo Status: Unutilized Status: Unutilized Co: Lucas OH 43604– Reason: Extensive deterioration Reason: Secured Area, Extensive Landholding Agency: GSA Bldg. 417 deterioration Property Number: 549810014 Naval Weapons Station Bldg. 1300 Status: Excess Yorktown Marine Corps Base Reason: Within 2000 ft. of flammable or Co: York VA 23691– Camp Lejeune explosive material Landholding Agency: Navy Co: Onslow NC 28542–0004 GSA Number: 1–G–H–804 Property Number: 779830055 Landholding Agency: Navy Oregon Status: Excess Property Number: 779830041 Reason: Extensive deterioration Status: Unutilized Portion, Former Kingsley Field Air Force Base Bldg. 1955 Reason: Secured Area, Extensive Naval Weapons Station deterioration Arnold Ave. & Joe Wright Rd. Klamath Falls Yorktown Bldg. 1607 Co: Klamath OR 97603– Co: York VA 23691– Marine Corps Base Landholding Agency: GSA Landholding Agency: Navy Camp Lejeune Property Number: 549810003 Property Number: 779830056 Co: Onslow NC 28542–0004 Status: Unutilized Status: Excess Landholding Agency: Navy Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration Property Number: 779830042 explosive material Bldg. 1956 Status: Unutilized GSA Number: 10–D–OR–434–J Naval Weapons Station Reason: Secured Area, Extensive Yorktown deterioration Puerto Rico Co: York VA 23691– Bldg. AS–822 Dry Dock & Ship Repair Fac. Landholding Agency: Navy Marine Corps Base U.S. Navy Property Number: 779830057 Camp Lejeune San Juan PR Status: Excess Co: Onslow NC 28542–0004 Landholding Agency: GSA Reason: Extensive deterioration Landholding Agency: Navy Property Number: 549710012 Bldg. 1957 Property Number: 779830043 Status: Excess Naval Weapons Station Status: Unutilized Reason: Within 2000 ft. of flammable or Yorktown Reason: Secured Area, Extensive explosive material, Floodway Co: York VA 23691– deterioration GSA Number: 1–N–PR–491 Landholding Agency: Navy Bldg. BA115 NIH Primate Research Facility Property Number: 779830058 Marine Corps Base Sabena Seca PR Status: Excess Camp Lejeune Landholding Agency: GSA Reason: Extensive deterioration Co: Onslow NC 28542–0004 Property Number: 549720021 Bldg. V–37 Landholding Agency: Navy Status: Excess Naval Air Station Property Number: 779830044 Reason: Other Norfolk VA 23511– Status: Unutilized Comment: Landlocked Landholding Agency: Navy Reason: Secured Area, Extensive GSA Number: 1–H–PR–503 Property Number: 779830059 deterioration Tennessee Status: Excess Reason: Extensive deterioration Ohio Naval Weapons Indust. Rsv. Pl. Vance Tank Road Bldg. V–50 Toledo Harbor Lighthouse Bristol Naval Air Station Lake Erie Co: Sullivan TN 37620–5698 Norfolk VA 23511– Toledo Landholding Agency: GSA Landholding Agency: Navy Co: Lucas OH 43611– Property Number: 549810016 Property Number: 779830060 Landholding Agency: GSA Status: Excess Status: Unutilized Property Number: 549710014 Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration Status: Excess explosive material Bldg. 105 Reason: Other GSA Number: 04–N–TN–0646–A Comment: Inaccessible Naval Medical Center GSA Number: 1–U–OH–801 Virginia Portsmouth VA Landholding Agency: Navy 8 Bldgs. Newtown Fish Toxicology Property Number: 779830064 Naval Base Norfolk 3411 Church Street Status: Unutilized Norfolk VA Newtown Reason: Within 2000 ft. of flammable or Location: #NH–A, NH–A1, NH–B, NH–C, Co: Hamilton OH 44244– explosive material Floodway Landholding Agency: GSA NH–C1, NH–D, NH–D1, NH–B1 Property Number: 549740019 Landholding Agency: Navy Washington Status: Excess Property Number: 779830052 Everett Federal Building Reason: Within 2000 ft. of flammable or Status: Unutilized 3002 Colby Avenue explosive material within airport runway Reason: Extensive deterioration Everett clear zone Bldg. 356 Co: Snohomish WA 98201– Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46067

Landholding Agency: GSA Harrisonburg Status: Surplus Property Number: 549730026 Co: Catahoula LA 71340– Reason: Other Status: Underutilized Landholding Agency: GSA Comment: no legal access Reason: Within 2000 ft. of flammable or Property Number: 549720003 GSA Number: 4–G–SC–595 explosive material Status: Excess Tennessee GSA Number: 9–G–WA–1140 Reason: Floodway Land/Portion Bldg. 2559 GSA Number: 7–D–LA–0552 # Volunteer Army Ammunition Plant Naval Air Station, Whidbey Island Site 18 Chattanooga Oak Harbor WA 98278– Forsythe Point Co: Hamilton TN 37422–2607 Landholding Agency: Navy Columbia Lock & Dam Landholding Agency: GSA Property Number: 779830063 Monroe Property Number: 549730018 Status: Excess Co: Ouachita Parish LA 71210– Status: Excess Reason: Extensive deterioration Landholding Agency: GSA Property Number: 549810009 Reason: Within 2000 ft. of flammable or Wisconsin Status: Excess explosive material 2 Offshore Lighthouses Reason: Floodway GSA Number: 4–D–TN–645 Great Lakes WI GSA Number: 7–D–LA–557 Washington Landholding Agency: GSA Michigan 2.95 acre encroachment parcel Property Number: 549630016 155 Harrigan Lane Status: Excess Port/EPA Large Lakes Rsch Lab Mesa Reason: Extensive deterioration Grosse Ile Twp Co: Franklin WA 99343– 0.114 acres Co: Wayne MI Landholding Agency: GSA Landholding Agency: GSA Ridge’s Sanctuary Property Number: 549720022 Property Number: 549810013 Bailey’s Harbor WI 53707– Status: Excess Status: Surplus Landholding Agency: GSA Reason: Within airport runway clear zone Reason: Other Property Number: 549820003 GSA Number: 1–Z–MI–554–A Comment: no legal access Status: Excess GSA Number: 9–B–WA–1147 Reason: Other New York West Virginia Comment: landlocked Cooke’s Island—32 acres GSA Number: 1–U–WI–0437A Lake Champlain Williamson Non-Structural Segment 6 Land (by State) Whitehall Co: Washington NY Williamson Alaska Landholding Agency: GSA Co: Mingo WV 25661– 0.02 acre Property Number: 549710009 Landholding Agency: GSA Noatak National Guard Site Status: Excess Property Number: 549820011 Noatak Reason: Other Status: Excess Co: Kobuk AK 99761– Comment: Inaccessible Reason: Floodway Landholding Agency: GSA GSA Number: 1–D–NY–847 GSA Number: 4–D–WV–528A Property Number: 549820008 Ohio Wyoming Status: Surplus Lewis Research Center Cody Industrial Area Reason: Other Cedar Point Road Cody Comment: no legal access Cleveland Co: Park WY 82414– GSA Number: 9–D–AK–752 Co: Cuyahoga OH 44135– Landholding Agency: GSA California Landholding Agency: GSA Property Number: 549740008 Parcel B Property Number: 549610007 Status: Excess Santa Rosa Status: Excess Reason: Within 2000 ft. of flammable or Co: Sonoma CA Reason: Within 2000 ft. of flammable or explosive material Landholding Agency: GSA explosive material within airport runway GSA Number: 7–I–WY–0539 Property Number: 549310016 clear zone [FR Doc. 98–22786 Filed 8–27–98; 8:45 am] Status: Excess GSA Number: 2–Z–OH–598–I BILLING CODE 4210±29±M Reason: Other Pennsylvania Comment: Sewage Treatment Plant Grays Landing GSA Number: 9–G–CA–580C Tract B, 101–07 DEPARTMENT OF THE INTERIOR Guam Co: Fayette PA Submerged Lands Landholding Agency: GSA Bureau of Land Management Property Number: 549810005 Ritidian Point GU [OR±010±1430±00; GP8±0289] Landholding Agency: GSA Status: Excess Property Number: 549640003 Reason: Other Comment: landlocked Meeting Notice for Southeast Oregon Status: Excess Resource Advisory Council Reason: Other GSA Number: 4–D–PA–784 Comment: Inaccessible South Carolina AGENCY: Lakeview District, Bureau of GSA Number: 9–N–GU–437 Land—2.66 acres Land Management, Interior. Kentucky Port Royal ACTION: Notice. Co: Beaufort SC 29902–6148 9 Tracts Landholding Agency: GSA Daniel Boone National Forest SUMMARY: The Southeast Oregon Property Number: 549240009 Co: Owsley KY 37902– Resource Advisory Council will meet at Status: Excess Landholding Agency: GSA the Lakeview Interagency Fire Center, Reason: Floodway Property Number: 549620012 GSA Number: 4–N–SC–0489A 220 North ‘‘E’’ Street, Lakeview, Oregon, Status: Excess 77 sq. ft. parcel from 8:00 a.m. to 12:00 Noon on Reason: Floodway September 29, and from 8:00 a.m. to GSA Number: 4–G–KY–607 Hollings Judicial Center Court House Charleston SC 29401– 12:15 p.m. on September 30, 1998. Louisiana Landholding Agency: GSA Public comments are scheduled from Harrison Lock & Dam No. 2 Property Number: 549820010 8:00 to 8:30 a.m. on Wednesday, 46068 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

September 30, 1998. Topics to be at Humboldt Bay, and a discussion of All Resource Advisory Council discussed by the Council are the the council charter and work meetings are open to the public. Lauserica fence line in South Steens expectations for the coming year. Public Interested persons may make oral Mountain, Beatty Butte ACEC, comments will be taken at 1 p.m. statements to the Council, or written Standards and Guides Implementation, Depending on the number of persons statements may be submitted for the Fremont Forest Sustained Yield Unit, wishing to speak, a time limit may be Council’s consideration. If necessary, a Lakeview BLM/Fremont Forest shared set. On Friday, Oct. 3, the council and per-person time limit may be planning efforts, collocation of BLM/FS, BLM staff will convene at 8 a.m. at the established by the Montrose District and such other matters as may BLM Arcata Office and depart Manager. reasonably come before the Council. immediately for a tour of the South Spit, Summary minutes for Council Two field tours are scheduled: Humboldt Bay. Members of the public meetings are maintained in the September 28 (1:00 to 5:00 p.m.) on are welcome, but they must provide Montrose District Office and on the prescribed fire and forest health, and their own transportation. World Wide Web at http:// September 29 (12:30–5:00 p.m.) on FOR FURTHER INFORMATION CONTACT: www.co.blm.gov/mdo/ hydrologic function and shared BLM/FS Joseph J. Fontana, public affairs officer, mdolswlrac.htm and are available for management responsibilities. The entire at (530) 257–5381. public inspection and reproduction meeting is open to the public; however, Joseph J. Fontana, within thirty (30) days following each transportation to the field will not be Public Affairs Officer. meeting. provided to the public. [FR Doc. 98–23130 Filed 8–27–98; 8:45 am] Dated: August 25, 1998. DATED: August 15, 1998. BILLING CODE 4310±40±P Roger Alexander, FOR FURTHER INFORMATION CONTACT: Public Affairs Specialist. Sonya Hickman, Bureau of Land [FR Doc. 98–23288 Filed 8–27–98; 8:45 am] Management, Lakeview District Office, DEPARTMENT OF THE INTERIOR BILLING CODE 4310±JB±P P.O. Box 151, Lakeview, OR 97630. (Telephone: 541/947–2177). Bureau of Land Management Steve Ellis, DEPARTMENT OF THE INTERIOR Designated Federal Official. [CO±030±08±1010±00±1784] Bureau of Land Management [FR Doc. 98–23118 Filed 8–27–98; 8:45 am] Southwest Resource Advisory Council BILLING CODE 4310±33±U Meeting [NV±930±1430±01; N±62297]

AGENCY: Bureau of Land Management, Notice of Public Meetings and DEPARTMENT OF THE INTERIOR Interior. Extension of Comment Period for ACTION: Planning Amendment and Proposed Bureau of Land Management Notice; Resource Advisory Council Meeting. Withdrawal of Public Land; Washoe [CA±360±1150±00] County, Nevada SUMMARY: In accordance with the Notice of Resource Advisory Council Federal Advisory Committee Act (5 AGENCY: Bureau of Land Management, Meeting USC), notice is hereby given that the Interior. Southwest Resource Advisory Council ACTION: Notice. AGENCY: Bureau of Land Management, (Southwest RAC) will meet in Silverton, Northwest California Resource Advisory Colorado. Due to the short timeframe SUMMARY: The Bureau of Land Council, Arcata, California. between meetings and the exigencies of Management (BLM) and Washoe County ACTION: Notice of meeting. other business, this notice will not meet have initiated a joint planning process the 15-day minimum notification to address future management of public SUMMARY: Pursuant to the authorities in requirements. lands in the open and mountainous the Federal Advisory Committees Act terrain of southern Washoe County’s (Pub. L. 92–463) and the Federal Land DATES: The meeting will be held on urban, suburban and rural residential Policy and Management Act (Pub. L. Thursday, September 10, 1998. areas. Public meetings/open houses to 94–579), the U. S. Bureau of Land ADDRESSES: For additional information, discuss the planning amendment and Management’s Northwest California contact Roger Alexander, Bureau of proposed withdrawal of 166,906.28 Resource Advisory Council will meet Land Management (BLM), Montrose acres of Federal lands and 15,757.14 Thursday and Friday, Oct. 1 and 2, District Office, 2465 South Townsend acres of federally reserved minerals will 1998, at the Bureau of Land Avenue, Montrose, Colorado 81401; be held in accordance with 43 CFR Management’s Arcata Field Office, 1695 telephone 970–240–5335; TDD 970– 1610.2 and 2310.3–1 by Washoe County Heindon Rd., Arcata, CA. 240–5366; e-mail [email protected] and the BLM at the following locations SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The and dates: meeting begins at 10 a.m. Oct. 1 in the September 10, 1998, meeting will begin (1) September 30, 1998, 5:30 p.m. to 7:30 Conference Room of the BLM office. at 9:00 a.m. in the Silverton Town Hall, p.m., Bureau of Land Management Agenda topics include: a status report 1350 Greene, Silverton, Colorado. The (Conference Rooms A and B), 1340 on development of a land use plan for agenda will include introductions of Financial Boulevard, Reno, NV Clear Creek, a status report on new members and an update on the (2) October 8, 1998, 5:30 p.m. to 7:30 p.m., implementation of Healthy Rangeland Upper Animas Abandoned Mined Land Washoe County Administrative Complex Standards and Guidelines, a status project. Time will be provided for (Central Conference Room, C110), 1001 report on Black Sands Beach, an update public comments at 9:30 a.m. A field East Ninth Street, Bldg C., Reno, NV on development of BLM-California’s trip is scheduled for 10:30 a.m.; the A presentation (5:30 p.m. to 6:00 strategic plan, information on public is invited to accompany the RAC p.m.) addressing the purpose and acquisition of the Payne Ranch, a status on the field trip but must provide their processing steps for the planning report on management of the South Spit own transportation. amendment/proposed withdrawal will Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46069 be followed by an open house. Washoe January 1, 2000, with a view to By order of the Commission. County and BLM staff will be available achieving progressively higher levels of Donna R. Koehnke, during the open house to answer liberalization in services trade and Secretary. questions and take comments. investment. In preparing for such [FR Doc. 98–23155 Filed 8–27–98; 8:45 am] DATES: The comment period announced negotiations, the USTR has asked the BILLING CODE 7020±02±P in 63 FR 36937, July 8, 1998, is being Commission to develop a database that extended through November 30, 1998. provides up-to-date information on ADDRESSES: Comments should be sent to service markets in other WTO member the Carson City Field Office Manager, countries. As requested by the USTR, JUDICIAL CONFERENCE OF THE 5665 Morgan Mill Road, Carson City, the Commission, pursuant to section UNITED STATES 332(g) of the Tariff Act of 1930, Nevada 89701. Meeting of the Judicial Conference instituted an investigation for the FOR FURTHER INFORMATION CONTACT: Advisory Committee on Rules of purpose of developing a database of Terri Knutson, BLM Carson City Office, Bankruptcy Procedure 702–885–6156 or Bill Whitney, Washoe information on trade and investment in County, 702–328–3617. 62 foreign service markets. The AGENCY: Judicial Conference of the Karl Kipping, Commission will develop a database United States; Advisory Committee on Acting Manager, Carson City Field Office. that provides, to the extent possible, the Rules of Bankruptcy Procedure. following information with respect to [FR Doc. 98–23122 Filed 8–27–98; 8:45 am] ACTION: Notice of open meeting. eleven service industries: BILLING CODE 4310±HC±U (1) Current market access and national SUMMARY: The Advisory Committee on treatment restrictions that apply to Rules of Bankruptcy Procedure will foreign service providers; hold a two-day meeting. The meeting INTERNATIONAL TRADE will be open to public observation but COMMISSION (2) Liberalization and deregulation not participation and will be held each [Investigation 332±397] that has taken place since 1995; day from 8:30 a.m. to 5:00 p.m. (3) Contemplated services DATES: October 8–9, 1998. Database on Trade and Investment in liberalization or deregulation; and ADDRESSES: Ramada Rolling Green Inn & Services (4) Preferences extended to third- Conference Center, 311 Lowell Street, AGENCY: United States International country trading partners. Andover, Massachusetts. Trade Commission. The industries of interest to USTR FOR FURTHER INFORMATION CONTACT: ACTION: Institution of investigation. include distribution services (defined as John K. Rabiej, Chief, Rules Committee wholesaling, retailing, and franchising), Support Office, Administrative Office of EFFECTIVE DATE: August 24, 1998. telecommunication services, express the United States Courts, Washington, SUMMARY: Following receipt of a request delivery services, entertainment D.C. 20544, telephone (202) 273–1820. dated July 21, 1998, from the United technology services, foreign legal Dated: August 24, 1998. States Trade Representative (USTR), the consultancy services, accounting John K. Rabiej, Commission instituted investigation No. services, architectural services, Chief, Rules Committee Support Office. 332–397, Database on Trade and engineering services, construction [FR Doc. 98–23097 Filed 8–27–98; 8:45 am] Investment in Services, under section services, energy services (defined as BILLING CODE 2210±01±M 332(g) of the Tariff Act of 1930 (19 mining, oil, gas, and electricity), and U.S.C. 1332(g)). environmental services. The FOR FURTHER INFORMATION CONTACT: Commission will also seek to provide JUDICIAL CONFERENCE OF THE Information specific to this investigation this information with respect to UNITED STATES may be obtained from Mr. Richard temporary entry and stay of service Brown, Office of Industries (202–205– providers. In addition, the Commission Meeting of the Judicial Conference 3438) or Ms. Tsedale Assefa, Office of will attempt to identify common Advisory Committee on Rules of Industries (202–205–2374). For approaches, if any, to the deregulation Appellate Procedure information on the legal aspects of this and liberalization of service markets AGENCY: Judicial Conference of the investigation, contact Mr. William among WTO members, and best Gearhart of the Office of the General United States; Advisory Committee on prospects for services trade Rules of Appellate Procedure. Counsel (202–205–3091). The media liberalization during the impending ACTION: Notice of open meeting. should contact Ms. Margaret WTO negotiations. O’Laughlin, Office of External Relations SUMMARY: (202–205–1819). Hearing impaired The USTR requested that the The Advisory Committee on individuals are advised that information Commission provide a preliminary Rules of Appellate Procedure will hold on this matter can be obtained by version of the database no later than a two-day meeting. The meeting will be contacting the TDD terminal on (202– October 30, 1998, and the finalized open to public observation but not 205–1810). General information database by April 30, 1999. USTR participation and will be held each day concerning the Commission may be indicated that the database will be from 8:30 to 5:00 p.m. obtained by accessing its Internet server confidential for a period of 10 years. DATES: October 15–16, 1998. (http://www.usitc.gov). USTR also noted that it considers the ADDRESSES: Le Meridien Hotel, 614 Commission’s database to be an BACKGROUND: As noted in the USTR’s Canal Street, New Orleans, Louisiana. interagency memorandum that will request, Article 19 of the General FOR FURTHER INFORMATION CONTACT: Agreement on Trade in Services (GATS) contain predecisional advice and be John K. Rabiej, Chief, Rules Committee requires World Trade Organization subject to the deliberative process Support Office, Administrative Office of (WTO) members to enter into successive privilege. the United States Courts, Washington, negotiations beginning not later than Issued: August 24, 1998. DC 20544, telephone (202) 273–1820. 46070 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Dated: August 24, 1998. submits for public comment Evidence DEPARTMENT OF JUSTICE John K. Rabiej, Rules 103, 404, 701, 702, 703, 803, and Chief, Rules Committee Support Office. 902. All comments and suggestions with Immigration and Naturalization Service [FR Doc. 98–23098 Filed 8–27–98; 8:45 am] respect to them must be placed in the [INS No. 1955±98] BILLING CODE 2210±01±M hands of the Secretary as soon as convenient and, in any event, no later Notice of Intent to Prepare a than February 1, 1999. Anyone Supplemental Draft Environmental JUDICIAL CONFERENCE OF THE interested in testifying should write to Impact Statement for the Immigration UNITED STATES Mr. Peter G. McCabe, Secretary, and Naturalization Service and Joint Committee on Rules of Practice and Task Force Six Activities Along the Meeting of the Judicial Conference Procedure, Administrative Office of the United States/Mexico Border Advisory Committee on Rules of United States Courts, Washington, DC Criminal Procedure 20544, at least 30 days before the AGENCY: Immigration and Naturalization hearing. Service, Justice. AGENCY: Judicial Conference of the ACTION: Notice of intent to prepare a Untied States; Advisory Committee on DATES: October 22–23, 1998. Supplemental Programmatic Rules of Criminal Procedure. ADDRESSES: Thurgood Marshall Federal Environmental Impact Statement (PEIS). ACTION: Notice of open meeting. Judiciary Building, Judicial Conference SUMMARY: SUMMARY: The Advisory Committee on Center, One Columbus Circle, NE, Rules of Criminal Procedure will hold a Washington, DC. Proposed Action two-day meeting. The meeting will be FOR FURTHER INFORMATION CONTACT: The Immigration and Naturalization open to public observation but not John K. Rabiej, Chief, Rules Committee Service (INS) will prepare a participation and will be held each day Supplemental Programmatic from 8:30 a.m. to 5:00 p.m. Support Office, Administrative Office of the United States Courts, Washington, Environmental Impact Statement (PEIS) DATES: October 19–20, 1998. DC 20544, telephone (202) 273–1820. for the INS and Joint Task Force 6 (JTF6) ADDRESSES: Inn by the Sea Hotel, 40 activities along the U.S. and Mexico Bowery Beach Road, Cape Elizabeth, Dated: August 24, 1998. border and Texas Gulf Coast. This Maine. John K. Rabiej, document supplements a previous PEIS FOR FURTHER INFORMATION CONTACT: Chief, Rules Committee Support Office. prepared in 1994 which addressed on- John K. Rabiej, Chief, Rules Committee [FR Doc. 98–23100 Filed 8–27–98; 8:45 am] going and projected activities for a 5- Support Office, Administrative Office of BILLING CODE 2210±01±M year period. Typical activities the United States Courts, Washington, undertaken by INS and JTF6 include, D.C. 20544, telephone (202) 273–1820. but are not limited to, design and JUDICIAL CONFERENCE OF THE Dated: August 24, 1998. construction of roads, fences, training UNITED STATES facilities and administrative buildings, John K. Rabiej, aerial photography interpretation, and Chief, Rules Committee Support Office. Meeting of the Judicial Conference transport of evidentiary materials. All [FR Doc. 98–23099 Filed 8–27–98; 8:45 am] Advisory Committee on Rules of Civil JTF6 activities are requested by various BILLING CODE 2210±01±M Procedure law enforcement agencies and must have a nexus to illegal drug AGENCY: Judicial Conference of the interdictions. JUDICIAL CONFERENCE OF THE United States; Advisory Committee on Environmental impacts resulting from UNITED STATES Rules of Civil Procedure. continuation of these activities will be Meeting and Hearing of the Judicial ACTION: Notice of open meeting. addressed as part of the supplemental Conference Advisory Committee on PEIS. Consideration of past and future Rules of Evidence SUMMARY: The Advisory Committee on activities will be included as part of a Rules of Civil Procedure will hold a cumulative impact analysis. AGENCY: Judicial Conference of the two-day meeting. The meeting will be Pursuant to the Council on United States; Advisory Committee on open to public observation but not Environmental Quality’s regulations, Rules of Evidence. participation and will be held each day public Scoping meetings will be held to ACTION: Notice of open meeting and from 8:30 a.m. to 5:00 p.m. inform interested parties of proposed hearing. actions and to solicit their comments. DATES: November 12–13, 1998. SUMMARY: The Advisory Committee on Alternatives ADDRESSES: The Lodge Alley Inn, 195 Rules of Evidence will hold a two-day East Bay Street, Charleston, South In developing the Supplemental PEIS, meeting and hearing. This meeting will Carolina. the options of (1) no action and be open to public observation but not continuation of the INS/JTF6 participation. The hearing will be open FOR FURTHER INFORMATION CONTACT: construction program, (2) reduction of to public observation, with participation John K. Rabiej, Chief, Rules Committee select INS/JTF6 construction activities, open only to those who are testifying. Support Office, Administrative Office of and (3) restricting certain designs and/ The hearing will be held at 8:30 a.m. on the United States Courts, Washington, or site locations, will be fully examined. October 22. The meeting will follow the DC 20544, telephone (202) 273–1820. Other practical alternatives identified hearing and will continue on October 22 during the public Scoping process will Dated: August 24, 1998. until 5:00 p.m. The meeting will also be addressed. continue on October 23 from 8:30 a.m. John K. Rabiej, to 5:00 p.m. Chief, Rules Committee Support Office. Scoping Process The Judicial Conference Committee [FR Doc. 98–23101 Filed 8–27–98; 8:45 am] During the preparation of the on Rules of Practice and Procedure BILLING CODE 2210±01±M Supplemental PEIS, there will be Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46071 numerous opportunities for public Main Conference Room, Port Authority Victim Assistance Grant Program, involvement in order to determine the of New York, Jamaica, NY 11430. Subgrant Award Report. issues to be examined. Ten Scoping FOR FURTHER INFORMATION CONTACT: Office of Management and Budget meetings will be held in Texas, New Susan Young, Designated Federal Mexico, Arizona and California. Notice (OMB) approval is being sought for the Officer, Immigration and Naturalization information collection listed below: of the Scoping meetings will be Service, 26 Federal Plaza, Room 14–100 published in local newspapers prior to This proposed information collection New York, New York 10278, telephone: was previously published in the Federal the meetings indicating the date, time, (212) 264–0736. and location of each Scoping meeting. Register and allowed 60 days for public SUPPLEMENTARY INFORMATION: Meetings comment. PEIS Preparation will be held tri-annually on the fourth The purpose of this notice is to allow Public notice will be given in the Thursday during the months of an additional 30 days for public Federal Register concerning the September, January, and May through comments from September 28, 1998. availability of the PEIS for public review 1999. This process is conducted in accordance and comment. with 5 Code of Federal Regulation, Part Summary of Agenda 1320, 10. FOR FURTHER INFORMATION CONTACT: Eric Written comments and/or suggestions Verwers, Assistant Director, INS A/E The purpose of the meeting will be to conduct general business, review sub- regarding the item(s) contained in this Resource Center, U.S. Army Corps of notice especially regarding the Engineers, Fort Worth District, P.O. Box committee reports, and facilitate public participation. The DACOIM will be estimated public burden and associated 17300, Fort Worth, Texas 76102–0300, response time, should be directed to the chaired by Charles Troy, Assistant Telephone: 817–978–0202, or Manuel Office of Management and Budget, District Director for Management, New Rodriguez, Chief, Policy and Planning Office of Regulatory Affairs, Attention: York District, Immigration and Branch, Immigration and Naturalization Department of Justice Desk Officer, Naturalization Service. Service, Facilities and Engineering Washington, D.C. 20530. Additionally, Division, 425 I Street, NW., Washington, Public Participation comments may be submitted to OMB via DC 20536, Room 2102, Telephone: 202– facsimile to (202) 395–7285. 353–0383. The DACOIM meeting is open to the Written comments and suggestions public, but advance notice of attendance Dated: August 24, 1998. from the public and affected agencies is requested to ensure adequate seating. Doris Meissner, should address the following points: persons planning to attend should (1) Does the proposed information Commissioner, Immigration and notify the contact person at least two (2) Naturalization Service. collection instrument include all days prior to the meeting. Members of relevant program performance [FR Doc. 98–23185 Filed 8–27–98; 8:45 am] the public may submit written measures; BILLING CODE 4410±10±M statements at any time before or after the (2) Does the proposed information to meeting for consideration by the be collected have practical utility; DACOIM. Written statement should be (3) Does the proposed information to DEPARTMENT OF JUSTICE sent to Susan Young, Designated be collected enhance the quality and Immigration and Naturalization Service Federal Officer, Immigration and clarity of the information to be Naturalization Service, 26 Federal Plaza, collected; and [INS No. 1941±98] Room 14–100, New York, New York (4) Does the proposed information to 10278, telephone: (212) 264–0736. Only be collected minimize the burden of the Announcement of District Advisory written statements received by 5 p.m. on collection of information on those who Council on Immigration Matters Fourth September 18, 1998 will be considered are to respond, including through the Meeting for presentation at the meeting. Minutes use of appropriate automated, AGENCY: Immigration and Naturalization of the meeting will be available upon electronic, mechanical, or other Service, Justice. request. technological collection techniques or other forms of information technology, ACTION: Notice of meeting. Dated: August 24, 1998. e.g., permitting electronic submission of Doris Meissner, SUMMARY: The Immigration and responses. Commissioner, Immigration and Naturalization Service (Service) has Naturalization Service. Overview of this Information established a District Advisory Council [FR Doc. 98–23186 Filed 8–27–98; 8:45 am] on Immigration Matters (DACOIM) to (1) Type of information collection: provide the New York District Director BILLING CODE 4410±10±M Reinstatement, with no change, of a of the Service with recommendations on previously approved collection for ways to improve the response and which approval has expired. DEPARTMENT OF JUSTICE (2) The title of the form/collection: reaction to customers in the local Victims of Crime Act, Crime Victim jurisdiction and to develop new Office of Justice Programs Assistance Subgrant Award Report. partnerships with local officials and Office of Victims of Crime (3) The agency form number if any, community organizations to build and and the applicable component of the enhance a broader understanding of Agency Information Collection Department sponsoring the collection: immigration policies and practices. The Activities; Proposed Collection; Form: OJP Admin Form 7390/2A (Rev. purpose of this notice is to announce Comment Request 11–95) Office of Victims of Crime, the forthcoming meeting. Office of Justice Programs, U.S. DATES AND TIMES: The fourth meeting of ACTION: Notice of Information Collection Department of Justice. the DACOIM is scheduled for Under Review; Reinstatement, with no (4) Affected public who will be asked September 24, 1998, at 1 p.m. change, of a previously approved or required to respond, as well as a brief ADDRESSES: The meeting will be held at collection for which approval has abstract: Primary: State government. JKF International Airport, Building 14, expired; Victims of Crime Act, Crime Other: None. 46072 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

(5) An estimate of the total number of for the Appropriations Bill reads, in workers, and measurable results respondents and the amount of time part: ‘‘In addition, the Committee is available of such actions. estimated for an average respondent to concerned by the large and growing 4. The extent to which working respond/reply: 53 respondents to problem of abusive treatment of workers conditions in the apparel exporting complete a 3 minute subgrant award around the world who produce apparel sector of a country conform to or differ report, however a State can be for export to the United States and the from those in other sectors of the responsible for entering subgrant data impact of that treatment on companies economy. for as many as 186 programs to as few and workers in the United States. In an This notice is a general solicitation of as 10 programs. Additionally, 4 effort to obtain more detailed and comments from the public. The respondents will be submitting 14 accurate information, the Committee Department is seeking facts or opinions subgrant award reports manually, urges the Department to establish a in response to this solicitation, and is estimated 2 hours per report. methodology and format for reporting not requiring commenters to supply (6) An estimated of the total burden regularly on the use of sweatshops in specific information about themselves. (in hours) associated with the collection: the production of apparel for import DATES: Submitters of information will be The combined estimated total hours into the United States. Because the required to provide two (2) copies of (manual and electronic submissions) for Department’s reporting capabilities are their written submission to the Office of the 57 respondents to submit currently limited to violations by International Economic Affairs by 5:00 information is 189 hours (159 electronic domestic producers only, the p.m., Friday, September 18, 1998. submissions + 28 hours manual misleading impression that violations of ADDRESSES: submissions). law and substandard conditions in the Written submissions should If additional information is required industry are far more extensive within be addressed to the Office of contact: Mr. Robert B. Briggs, Clearance the United States than elsewhere is International Economic Affairs, Bureau Officer, United States Department of given. Development of new reporting of International Labor Affairs, Room S– Justice, Information Management and methods should help to correct the 5325, U.S. Department of Labor, Security Staff, Justice Management existing imbalance in the Department’s Washington, DC 20210, fax: (202) 219– Division, Suite 850, Washington Center, current reporting on this subject.’’ 5071. 1001 G Street, N.W., Washington, D.C. Information provided through public FOR FURTHER INFORMATION CONTACT: 20530. submissions will be considered by the Jorge F. Perez-Lopez, Office of Dated: August 25, 1998. Department of Labor in preparing its International Economic Affairs, Bureau Robert B. Briggs, report to Congress. Materials submitted of International Labor Affairs, Room S– 5325, U.S. Department of Labor, Department Clearance Officer, United States should be confined to the specific topic Department of Justice. of the study. In particular, the Washington, D.C. 20210, telephone: Department’s Bureau of International (202) 219–7597 ext. 145; fax (202) 219– [FR Doc. 98–23198 Filed 8–27–98; 8:45 am] Labor Affairs is seeking written 5071. BILLING CODE 4410±18±M submissions on the topics noted below: All written materials submitted 1. Laws, policies, initiatives, and pursuant to this request will be made enforcement strategies to regulate part of the record of review referred to DEPARTMENT OF LABOR working conditions in a country’s above and will be available for public apparel export sector; efforts being made Office of the Secretary inspection. to strengthen enforcement of a country’s Signed at Washington, D.C. this 25th day Bureau of International Labor Affairs; labor laws, focus enforcement resources of August, 1998. Notice for Public Submissions of on the apparel sector, or change labor Jorge F. Perez-Lopez, Information laws; and the existence of effective partnerships with local non- Acting Deputy Under Secretary. This document is a notice for public governmental organizations or [FR Doc. 98–23248 Filed 8–27–98; 8:45 am] submissions for the purpose of gathering international initiatives to improve BILLING CODE 4510±28±P information regarding a study being working conditions in the apparel sector conducted by the Department of Labor or to eliminate sweatshop conditions. on the development of a methodology 2. Available factual information that DEPARTMENT OF LABOR for the regular reporting of working quantifies the results of the laws, Employment and Training conditions in the production of apparel policies, and initiatives referred to in Administration imported into the United States. The item 1 above, and the extent to which Department of Labor is now accepting such information corresponds to the Notice of Determinations Regarding written information on this subject information currently reported by the Eligibility to Apply for Worker matter from all interested parties. The U.S. Department of Labor on sweatshop Adjustment Assistance and NAFTA Department is not able to provide conditions in the United States (e.g., Transitional Adjustment Assistance financial assistance to those preparing number of investigations conducted, written submissions. number of investigations with violations In accordance with Section 223 of the The Department of Labor is currently found, name of companies found in Trade Act of 1974, as amended, the undertaking a Congressional-mandated violation, amount of back wages Department of Labor herein presents study on developing a methodology for recovered, number of employees summaries of determinations regarding the regular reporting of working receiving back wages, and civil fines eligibility to apply for trade adjustment conditions in the production of apparel imposed). assistance for workers (TA–W) issued imported into the United States 3. Significant actions that are being during the period of August, 1998. (pursuant to the Departments of Labor, taken by non-governmental In order for an affirmative Health and Human Services, and organizations in major apparel exporting determination to be made and a Education and Related Agencies countries (such as the development of certification of eligibility to apply for Appropriation Bill, 1998, Public Law codes of conduct) that could lead to worker adjustment assistance to be 105–78). The Senate Committee report improved conditions for apparel issued, each of the group eligibility Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46073 requirements of Section 222 of the Act TA–W–34,600; Kowa Printing Corp., TA–W–34,756; Grinnell Flow Control, must be met. Danville, IL Div. Of Tyco International Ltd, (1) That a significant number or TA–W–34,522; LTV Steel Corp., Statesboro, GA: May 29, 1997. proportion of the workers in the Pittsburgh Coke Works, Pittsburgh, TA–W–34,774; Boydston and Franzen workers’ firm, or an appropriate PA Well Service, Inc., Cody, WY: July 7, subdivision thereof, have become totally Increased imports did not contribute 1997. or partially separated, importantly to worker separations at the Also, pursuant to Title V of the North (2) That sales or production, or both, firm. American Free Trade Agreement of the firm or subdivision have Implementation Act (Pub. L. 103–182) decreased absolutely, and Affirmative Determinations for Worker concerning transitional adjustment (3) That increases of imports of Adjustment Assistance assistance hereinafter called (NAFTA– articles like or directly competitive with The following certifications have been TAA) and in accordance with Section articles produced by the firm or issued; the date following the company 250(a), Subchapter D, Chapter 2, Title II, appropriate subdivision have name and location of each of the Trade Act as amended, the contributed importantly to the determination references the impact Department of Labor presents separations, or threat thereof, and to the date for all workers of such summaries of determinations regarding absolute decline in sales or production. determination. eligibility to apply for NAFTA–TAA issued during the month of August, Negative Determinations for Worker TA–W–34,675; J.E. Morgan Knitting 1998. Adjustment Assistance Mills, Inc., Gilbertsville, PA: June In order for an affirmative In each of the following cases the 12, 1997. determination to be made and a investigation revealed that criterion (3) TA–W–34,144; Alfa Laval Separations, certification of eligibility to apply for has not been met. A survey of customers Inc., Warminster, PA: December 18, NAFTA–TAA the following group indicated that increased imports did not 1996. eligibility requirements of Section 250 contribute importantly to worker TA–W–34,495; Winning Moves, Inc., of the Trade Act must be met: separations at the firm. Columbia, TN: April 6, 1997. (1) That a significant number or TA–W–34,524; American Lantern Co., TA–W–34,685; Siebe Automotive North proportion of the workers in the Newport, AR: August 2, 1997. America, Knoxville, TN workers’ firm, or an appropriate TA–W–34,474; Marshall Electric Corp., TA–W–34,403; Max Kahn Curtain Corp., subdivision thereof, (including workers Rockester, IN: February 1, 1998. Evergreen, AL in any agricultural firm or appropriate TA–W–34,626; Oregon Glove Co., TA–W–34,700; Williamette Industries, subdivision thereof) have become totally Salem, OR: May 21, 1997. Saginaw LAM Plant, Saginaw, OR or partially separated from employment TA–W–34,680; Duro Test Lighting, TA–W–34,589; Beardsley and Piper and either— Clifton, NJ: June 19, 1997. LLC, Aurora, IL (2) That sales or production, or both, TA–W–34,692; Sivaco New York, Inc., TA–W–34,602; Williamette Industries, of such firm or subdivision have Tonawanda, NY: June 17, 1997. Inc., Coburg Sawmill Div., Eugene, decreased absolutely, TA–W–34,633; Datagold, Inc., OR (3) That imports from Mexico or TA–W–34,610; St. Gobain Corp., Mocanaqua, PA: May 28, 1997. Canada of articles like or directly Keasbey, NJ TA–W–34,736; Lehigh Portland Cement, competitive with articles produced by TA–W–34,724; Nazdar, Chicago, IL Buffington Station, Gary, IN: June such firm or subdivision have increased, TA–W–34,714; Nobur Manufacturing 25, 1997. and that the increases in imports Co., North Hollywood, CA TA–W–34,629 & A; Stewman Fashions, contributed importantly to such Ardmore, TN and Elora, TN: May workers’ separations or threat of In the following cases, the 26, 1997. investigation revealed that the criteria separation and to the decline in sales or TA–W–34,729; Klamath Veneer, Inc., production of such firm or subdivision; for eligibility have not been met for the Kalamath Falls, OR: June 26, 1997. reasons specified. or TA–W–34,651; General Manufacturing (4) That there has been a shift in TA–W–34,625; Nutri-Metics Co., Inc., Opp. AL: May 29, 1997. production by such workers’ firm or International (USA), IN., Cerritos, TA–W–34,687; Huffy Bicycle Co., subdivision to Mexico or Canada of CA Celina, OH: November 6, 1997. articles like or directly competitive with TA–W–34,587; Stella Foods, Inc., Green TA–W–34,560 & A: Towne & Country articles which are produced by the firm Bay, WI Manufacturing, Inc. Lugoff, SC and or subdivision. TA–W–34,755; Orion Sales, Inc., Olney, Dawn, Inc., Lugoff, SC: April 23, IL 1997. Negative Determinations NAFTA–TAA TA–W–34,581, A&B; Champion Forest TA–W–34,550; FWA Drilling Co., Inc., In each of the following cases the Resources, A Div. Of Champion Midland, TX: April 18, 1997. investigation revealed that criteria (3) International Corp., Machais, ME, TA–W–34,767; The Pfaltzgraff Co., and (4) were not met. Imports from Bucksport, ME and Costigan, ME Bindersville, PA: June 10, 1997. Canada or Mexico did not contribute The workers firm does not produce an TA–W–34,611; Inter-State Dyeing & importantly to workers’ separations. article as required for certification under Finishing Co., Inc., Passaic, NJ: May There was no shift in production from Section 222 of the Trade Act of 1974. 1, 1997. the subject firm to Canada or Mexico TA–W–34,519; Raytheon E-Systems, TA–W–34,719; Angelica Image Apparel, during the relevant period. Inc., Richardson, TX Waynesboro, TN: June 18, 1997. NAFTA–TAA–02485; Midwest Folding TA–W–34,770; Amron, L.L.C, Div. Of TA–W–34,721; Triple A In The USA, Carton, Inc., Converters Paperboard Pohlman, Inc., Waukesha, WI Bellaire, OH: June 23, 1997. Div., Rockford, MI TA–W–34,653; Runo Graphic TA–W–34,615; Empire Print Works, Inc., NAFTA–TAA–02449; Heinz Pet Communicators, Portland, Or West Hazleton, PA: May 26, 1997. Products, Kankakee, IL TA–W–34,665; Alcoa Fujikura LTD, El TA–W–34,605; G.F. Wright Steel & Wire NAFTA–TAA–02430; J.L. Clark, Tube Paso, TX Co., Worcester, MA: May 18, 1997. Division, Downers Grove, IL 46074 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

NAFTA–TAA–02461; Kellerman Logging NAFTA–TAA–02491; Corel, Orem, UT: Dated: August 19, 1998. Co., Joseph, OR July 7, 1997. Grant D. Beale, NAFTA–TAA–02418; Celanese Acetate, NAFTA–TAA–02334; Marshall Electric Acting Director, Office of Trade Adjustment Celco Plant, Narrows, VA Corp., Rochester, IN: March 31, Assistance. NAFTA–TAA–02408; Willamette 1997. [FR Doc. 98–23260 Filed 8–27–98; 8:45 am] Industries, Inc., Coburg Sawmill NAFTA–TAA–02373; EEX Corp. BILLING CODE 4510±30±M Div., Eugene, OR Headquartered in Houston, TX and NAFTA–TAA–02467; J.E. Morgan Operating Throughout The Knitting Mills, Inc., Gilbertsville, PA Following States: A; TX, B; MS, C; DEPARTMENT OF LABOR NAFTA–TAA–02427; Rune Graphic NY, D; WA Communicators, Portland, OR Employment and Training NAFTA–TAA–02450; Williamette NAFTA–TAA–02463; Triple A In The Administration USA, Bellaire, OH: June 23, 1997 Industries, Saginaw Lam Plant, [TA±W±34, 791] Saginaw, OR NAFTA–TAA–02374 & A; Towne and NAFTA–TAA–02498; Amron, L.L.C., Country Manufacturing, Inc., M & J Clothing Sample, El Paso, Division of Pohlman, Inc., Luggoff, SC and Dawn, Inc., Lufogg, Texas; Notice of Termination of Waukesha, WI SC: April 23, 1997. Investigation NAFTA–TAA–02424; Datagold, Inc., NAFTA–TAA–02478; Sivaco New York, Mocanagua, PA Inc., Tonawanda, NY: June 17, Pursuant to Section 221 of the Trade NAFTA–TAA–02412; St. Gogain Corp., 1997. Act of 1974, an investigation was initiated on July 27, 1998 in response to Keasbey, NJ NAFTA–TAA–02473 & A, B, C; The a worker petition which was filed on of NAFTA–TAA–02493; Allied Signal, Pfaltzgraff Co., Bendersville, PA, former workers at M & J Clothing Inc., Columbia, SC Dover, PA, York, PA and Sample, located in El Paso, Texas (TA– NAFTA–TAA–02497; Ball-Foster Glass Thomasville, PA: June 10, 1997. Container, L.L.C., Port Allegany, PA W–34, 791). NAFTA–TAA–02471; Angelica Image All production and production- NAFTA–TAA–02511; Hubbell Premise Apparel, Waynesboro, TN: June 25, Wiring, Inc., Marion, NC related employment at M & J Clothing 1997. Sample, located in El Paso, Texas The investigation revealed that the NAFTA–TAA–02475; Klamath Veneer, ceased in June of 1997, more than one criteria for eligibility have not been met Inc., Klamath Falls, OR: June 26, year prior to the date of the petition for the reasons specified. 1997. (July 7, 1998). NAFTA–TAA–02423; Nutri-Metics NAFTA–TAA–02378; American Lantern Section 223 of the Act specifies that International (USA), Inc., Cerritos, Co., Newport, AR: April 22, 1997. no certification may apply to any CA NAFTA–TAA–02321; Garment worker whose last separation occurred NAFTA–TAA–02401; Stella Foods, Inc., more than one year before the date of Green Bay, WI Finishers International, Inc., El Paso, TX: April 9, 1997. the petition. NAFTA–TAA–02500; Group Genesis, Consequently, further investigation in Inc., Marion, OH NAFTA–TAA–02518; Scientific Atlanta, this case would serve no purpose, and The investigation revealed that the Inc., Including Temporary Workers the investigation has been terminated. From Excel Temporary Services, workers of the subject firm did not Signed at Washington, D.C. on this 17th produce an article within the meaning Norrell Services, Peachtree Staffing and Elite Staffing Services, day of August 1998. of Section 250(a) of the Trade Act, as Grant D. Beale, amended. Norcross, GA: July 24, 1997. NAFTA–TAA–02545; Sara Lee Hosiery, Acting Director, Office of Trade Adjustment Assistance. Affirmative Determinations NAFTA– Mesilla Park, NM: July 22, 1997. [FR Doc. 98–23253 Filed 8–27–98; 8:45 am] TAA NAFTA–TAA–02472; General NAFTA–TAA–02487; Walbro Corp., Instrument Corp., Broadband BILLING CODE 4510±30±M Cass City Entity 2100, Cass City, MI: Networks Group, Hickory, NC: June June 30, 1997 24, 1997. DEPARTMENT OF LABOR NAFTA–TAA–02483; Crown Cork & NAFTA–TAA–02512; Koret of Seal Co., Inc., Arden, NC: July 1, California, Inc., Price Utah Plant, Employment and Training 1997. Price, Utah: July 9, 1997. Administration NAFTA–TAA–02501; Bon Worth, Inc., NAFTA–TAA–02484; Johnson Controls, [TA±W±34,732] Spindale, NC: July 7, 1997. Inc., Augomotive Systems Group, NAFTA–TAA–02533; Siebe Pulaski, TN: June 25, 1997. Occidental Oil and Gas Corporation Automotive—Algood, Algood, TN: Mid-Continent Region, Tulsa, July 22, 1997. NAFTA–TAA–02400; Triquest Precision Oklahoma; Notice of Termination of NAFTA–TAA–02462; Alcoa Fujikura, Plastics, Vancouver, WA: May 13, Investigation LTD, El Paso, TX: February 27, 1997. 1998. I hereby certify that the Pursuant to Section 221 of the Trade NAFTA–TAA–02526; National aforementioned determinations were Act of 1974, an investigation was Environmental Products, Pompano issued during the month of August initiated on July 6, 1998, in response to Beach, FL: June 25, 1997. 1998. Copies of these determinations are a worker petition which was filed on NAFTA–TAA–02407; G.F. Wright Steel available for inspection in Room C– behalf of workers at Occidental Oil and and Wire Co., Worcester, MA: May 4318, U.S. Department of Labor, 200 Gas Corporation, Mid-Continent Region, 18, 1997. Constitution Avenue, N.W., Tulsa, Oklahoma. NAFTA–TAA–02488; Boydston and Washington, D.C. 20210 during normal An active certification covering the Frazen Well Service, Inc., Cody, business hours or will be mailed to petitioning group of workers at the WY: July 7, 1997. persons who write to the above address. subject firm remains in effect (TA–W– Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46075

34,538J). Consequently, further and Lucent Temporary Services as a of the Trade Act of 1974 (‘‘the Act’’) and investigation in this case would serve result of worker separations at Philips are identified in the Appendix to this no purpose, and the investigation has Consumer Communications. notice. Upon receipt of these petitions, been terminated. Based on these findings, the the Acting Director of the Office of Signed in Washington, DC this 20th day of Department is amending the Trade Adjustment Assistance, August, 1998. certification to include workers of ATC, Employment and Training Grant D. Beale, Edison, New Jersey and Lucent Administration, has instituted Temporary Services, Whippany, New Acting Director, Office of Trade Adjustment investigations pursuant to Section Jersey who provided research and Assistance. 221(a) of the Act. development of cord and cordless [FR Doc. 98–23252 Filed 8–27–98; 8:45 am] telephones and answering machine The purpose of each of the BILLING CODE 4510±30±M systems and the production of samples investigations is to determine whether at Philips Consumer Communications, the workers are eligible to apply for DEPARTMENT OF LABOR Eatontown, New Jersey. adjustment assistance under Title II, The intent of the Department’s Chapter 2, of the Act. The investigations Employment and Training certification is to include all workers of will further relate, as appropriate, to the Administration Philips Consumer Communications determination of the date on which total adversely affected by imports. [TA±W±34,383] or partial separations began or The amended notice applicable to threatened to begin and the subdivision TA–W–34,383 is hereby issued as Philips Consumer Communications, of the firm involved. follows: Lucent Technologies, Incorporated, The petitioners or any other persons Eatontown, New Jersey; Amended All workers of Philips Consumer Communications jointly owned with Lucent showing a substantial interest in the Certification Regarding Eligibility to subject matter of the investigations may Apply for Worker Adjustment Technologies, Incorporated, Eatontown, New Jersey and leased workers of ATC, Edison, request a public hearing, provided such Assistance New Jersey and Lucent Temporary Services, request is filed in writing with the In accordance with Section 223 of the Whippany, New Jersey who provided Acting Director, Office of Trade research and development of cord and Adjustment Assistance, at the address Trade Act of 1974 (19 USC 2273) the cordless telephones and answering machine Department of Labor issued a systems and the production of samples for shown below, not later than September Certification of Eligibility to Apply for Philips Consumer Communications, 8, 1998. Worker Adjustment Assistance on May Eatontown, New Jersey who became totally Interested persons are invited to 15, 1998, applicable to all workers of or partially separated from employment on or submit written comments regarding the Philips Consumer Communications, after March 12, 1997 through May 15, 2000 subject matter of the investigations to Lucent Technologies, Incorporated are eligible to apply for adjustment assistance the Acting Director, Office of Trade located in Eatontown, New Jersey. The under Section 223 of the Trade Act of 1974. notice was published in the Federal Signed at Washington, D.C. this 14th day Adjustment Assistance, at the address Register on July 31, 1998 (63 FR 40935). of August, 1998. shown below, not later than September At the request of the State agency, the Grant D. Beale, 8, 1998. Department reviewed the certification Acting Director, Office of Trade Adjustment The petitions filed in this case are for workers of the subject firm. New Assistance. available for inspection at the Office of information provided by the State [FR Doc. 98–23254 Filed 8–27–98; 8:45 am] the Acting Director, Office of Trade shows that Philips Consumer BILLING CODE 4510±30±M Adjustment Assistance, Employment Communications jointly owned with and Training Administration, U.S. Lucent Technologies, Incorporated Department of Labor, 200 Constitution leased workers from ATC and Lucent DEPARTMENT OF LABOR Avenue, N.W., Washington, D.C. 20210. Temporary Services. The workers leased from ATC and Lucent Temporary Employment and Training Signed at Washington, D.C. this 17th day Services provided research and Administration of August, 1998. Grant D. Beale, development of cord and cordless Investigations Regarding Certifications telephones and answering machine Of Eligibility To Apply For Worker Acting Director, Office of Trade Adjustment systems and the production of samples Adjustment Assistance Assistance. at the Eatontown, New Jersey plant of Philips Consumer Communications. Petitions have been filed with the Worker separations occurred at ATC Secretary of Labor under Section 221(a)

APPENDIX [Petitions Instituted on 08/17/1998]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

34,853 ...... Stibnite Mine (Co.) ...... McCall, ID ...... 08/03/1998 Mine Gold & Other Metals. 34,854 ...... Oneita Industries (Co.) ...... Clint, TX ...... 07/16/1998 T-Shirts. 34,855 ...... Ricon Resins, Inc (Co.) ...... Grand Junction, CO .... 08/04/1998 Polybutadiene Resins. 34,856 ...... ADEMCO Group (UIW) ...... Syosset, NY ...... 08/03/1998 Alarm Systems. 34,857 ...... Imation Corporation (Co.) ...... Kearneysville, WV ...... 08/08/1998 Lithographic Printing Plates. 34,858 ...... Florsheim Group, Inc (Wkrs) ...... Cape Girardeau, MO .. 08/04/1998 Men's Shoes. 34,859 ...... Strauser Manufacturing (Co.) ...... Walla Walla, WA ...... 08/06/1998 Furniture Panels. 34,860 ...... Sandvik Rock Tools (Co.) ...... Houston, TX ...... 08/03/1998 Small Bits and Hammer Parts. 34,861 ...... Oryx Energy (Co.) ...... Dallas, TX ...... 08/05/1998 Oil and Gas. 46076 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

APPENDIXÐContinued [Petitions Instituted on 08/17/1998]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

34,862 ...... Rex Air, Inc (Wkrs) ...... Cadillac, MI ...... 07/24/1998 Motor Line and Armatures. 34,863 ...... National Oilwell (Wkrs) ...... Fairfield, IL ...... 07/01/1998 Petroleum Equipment. 34,864 ...... AMP, Inc. (Wkrs) ...... Selinsgrove, PA ...... 08/06/1998 Metal Components and Parts. 34,865 ...... KAO Infosystems (Co.) ...... Bothell, WA ...... 08/04/1998 Diskettes and Compact Disks. 34,866 ...... UNITE (UNITE) ...... Baltimore, MD ...... 07/12/1998 Union Office. 34,867 ...... Owens Corning (Wkrs) ...... Martinsville, VA ...... 08/04/1998 Vinyl Windows and Patio Doors. 34,868 ...... Hudson Mfg Co (Wkrs) ...... Newport, NC ...... 08/08/1998 Addides Soccer Shorts, Shirts. 34,869 ...... Lone Star Steel Co (USWA) ...... Lone Star, TX ...... 08/06/1998 Steel Ingots. 34,870 ...... Techno Trim (Wkrs) ...... Glasgow, KY ...... 08/03/1998 Car Seat Covers. 34,871 ...... Anvil Knitwear (Wkrs) ...... Red Springs, NC ...... 08/07/1998 T-Shirts. 34,872 ...... Stuffed Shirt, Inc (Co.) ...... Long Beach, MS ...... 08/06/1998 Ladies' Apparel. 34,873 ...... Eaton Corporation (Wkrs) ...... Bowling Green, KY ..... 07/28/1998 Industrial Electrical controls. 34,874 ...... Oshkosh B'Gosh, Inc (Co.) ...... Gainesboro, TN ...... 07/31/1998 Children's Clothing. 34,875 ...... W.S.W. Company of Sharon (Co.) ...... Sharon, TN ...... 08/03/1998 Children's Sleepwear & Playwear.

[FR Doc. 98–23257 Filed 8–28–98; 8:45 am] investigations pursuant to Section 221 Interested persons are invited to BILLING CODE 4510±30±M (a) of the Act. submit written comments regarding the The purpose of each of the subject matter of the investigations to investigations is to determine whether the Acting Director, Office of Trade DEPARTMENT OF LABOR the workers are eligible to apply for Adjustment Assistance, at the address adjustment assistance under Title II, Employment and Training shown below, not later than September Chapter 2, of the Act. The investigations 8, 1998. Administration will further relate, as appropriate, to the The petitions filed in this case are Investigations Regarding Certifications determination of the date on which total or partial separations began or available for inspection at the Office of of Eligibility To Apply for Worker the Acting Director, Office of Trade Adjustment Assistance threatened to begin and the subdivision of the firm involved. Adjustment Assistance, Employment Petitions have been filed with the The petitioners or any other persons and Training Administration, U.S. Secretary of Labor under Section 221(a) showing a substantial interest in the Department of Labor, 200 Constitution of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may Avenue NW., Washington, DC 20210. are identified in the Appendix to this request a public hearing, provided such Signed at Washington, DC, this 10th day of notice. Upon receipt of these petitions, request is filed in writing with the August 1998. the Acting Director of the Office of Acting Director, Office of Trade Grant D. Beale, Trade Adjustment Assistance, Adjustment Assistance, at the address Employment and Training show below, not later than September 8, Acting Director, Office of Trade Adjustment Administration, has instituted 1998. Assistance.

APPENDIX [Petitions instituted on 08/10/1998]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

34,831 ...... Wrangler Cutting (Wrks) ...... Hackleburg, AL ...... 07/29/1998 Men's Western Shirts. 34,832 ...... Inter Lake Papers, Inc (PMWU) ...... Kimberly, WI ...... 07/29/1998 Coated Freesheet Paper Grades. 34,833 ...... Flint Rock Shirt Co (Comp) ...... Marshall, AR ...... 07/24/1998 Men's Dress and Sport Shirts. 34,834 ...... Blanchard Shirt Co (Comp) ...... Mt. View, AR ...... 07/24/1998 Men's Dress and Sport Shirts. 34,835 ...... Lasting Products, Inc (Wrks) ...... Dallas, TX ...... 07/20/1998 Decorative Home Items. 34,836 ...... Camrose Technologies, LLC (Wrks) ...... Ada, OK ...... 07/27/1998 Plastic Automotive front & rear Molding. 34,837 ...... Sonoco Products (Comp) ...... Holyoke, MA ...... 07/22/1998 Paper Recycling Machine. 34,838 ...... Walls Industries, Inc (Comp) ...... Anniston, AL ...... 07/27/1998 Non-Insulated Overalls. 34,839 ...... Paulette Robes (Wrks) ...... New York, NY ...... 07/27/1998 Ladies' Robes, Loungewear. 34,840 ...... Whisper Knits, Inc (Comp) ...... Clinton, NC ...... 07/27/1998 Men's and Boys' Knit Shirts. 34,841 ...... Black Warrior Wireline (Wrks) ...... Odessa, TX ...... 07/22/1998 Servicing Oil Wells. 34,842 ...... Marwi USA, Inc. (Comp) ...... Olney, IL ...... 07/30/1998 Bicycle Parts. 34,843 ...... Smith Tool (Wrks) ...... Ponca City, OK ...... 07/28/1998 Mining & Petroleum Drill Bits. 34,844 ...... Modern Distributors, Inc (Comp) ...... Somerset, KY ...... 07/28/1998 Operates Commissary at Fruit of The Loom. 34,845 ...... Allied Signal, Inc (Comp) ...... Eatontown, NJ ...... 07/24/1998 Generators, Starters & Transformers. 34,846 ...... Svedala Industries, Inc (Comp) ...... Nitro, WV ...... 07/28/1998 Mineral Processing Equipment. 34,847 ...... Technaflow, Inc (IAMAW) ...... Vancouver, WA ...... 06/30/1998 2±12 Inch Valves. 34,848 ...... Meredith Manufacturing Co (Comp) ...... Brantley, AL ...... 07/28/1998 Cut & Sew Knit & Fleece Tops. 34,849 ...... Coats North America (Comp) ...... Charlotte, NC ...... 07/28/1998 Sewing Thread. 34,850 ...... Coats North America (Comp) ...... Monroeville, AL ...... 07/28/1998 Distribution CenterÐThread. 34,851 ...... Weyerhaeuser Co. (Comp) ...... Springfield, OR ...... 07/31/1998 Linerboard. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46077

APPENDIXÐContinued [Petitions instituted on 08/10/1998]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

34,852 ...... Thomas and Betts Corp (Wrks) ...... Montgomeryville, PA ... 07/31/1998 Electronic Components & Tools.

[FR Doc. 98–23256 Filed 8–27–98; 8:45 am] Signed in Washington, D.C. this 19th day through June 8, 2000, are eligible to apply for BILLING CODE 4510±30±M of August 1998. NAFTA–TAA under Section 250 of the Trade Grant D. Beale, Act of 1974. Acting Director, Office of Trade Adjustment Signed in Washington, D.C. this 19th day DEPARTMENT OF LABOR Assistance. of August 1998. [FR Doc. 98–23259 Filed 8–27–98; 8:45 am] Grant D. Beale, Employment and Training BILLING CODE 4510±30±M Acting Director, Office of Trade Adjustment Administration Assistance. [NAFTA±02048; NAFTA±02048C] [FR Doc. 98–23255 Filed 8–27–98; 8:45 am] DEPARTMENT OF LABOR BILLING CODE 4510±30±M Oxford Industries, Incorporated; Amended Certification Regarding Employment and Training Eligibility To Apply for NAFTA- Administration DEPARTMENT OF LABOR Transitional Adjustment Assistance [NAFTA±2360 AND NAFTA±2360A] Employment Standards Administration In accordance with Section 250(a), Wage and Hour Division Subchapter D, Chapter 2, Title II, of the VF Knitwear, Inc., Hillsville, Virginia; VF Knitwear, Inc., Bassett Walker- Trade Act of 1974, as amended (19 Minimum Wages for Federal and Stuart Division, Stuart, Virginia; U.S.C. 2273), the Department of Labor Federally Assisted Construction; Amended Certification Regarding issued a Certification of Eligibility to General Wage Determination Decisions Apply for NAFTA-Transitional Eligibility to Apply for NAFTA- Adjustment Assistance on December 21, Transitional Adjustment Assistance General wage determination decisions 1997, applicable to workers of Oxford In accordance with Section 250(a), of the Secretary of Labor are issued in Women’s Catalog and Special Markets Subchapter D, Chapter 2, Title II, of the accordance with applicable law and are Division of Oxford Industries, Trade Act of 1974, as amended (19 based on the information obtained by Incorporated located in Alma, Georgia. U.S.C. 2273), the Department of Labor the Department of Labor from its study The notice was published in the Federal issued a Certification of Eligibility to of local wage conditions and data made Register on January 22, 1998 (63 FR Apply for NAFTA-Transitional available from other sources. They 3352). Adjustment Assistance on June 8, 1998, specify the basic hourly wage rates and At the request of the company, the applicable to workers of VF Knitwear, fringe benefits which are determined to Department reviewed the certification Inc., Hillsville, Virginia. The notice was be prevailing for the described classes of for workers of the subject firm. The published in the Federal Register on laborers and mechanics employed on company reports that workers July 13, 1998 (63 FR 37591). construction projects of a similar producing ladies’ sportswear and At the request of the company, the character and in the localities specified dresses will be separated from Department reviewed the certification therein. employment at Oxford Industries, for workers of the subject firm. The The determinations in these decisions Incorporated, Oxford of Camden, company reports that temporary of prevailing rates and fringe benefits Camden, South Carolina when the plant separations have occurred at the VF have been made in accordance with 29 closes in September 1998. Knitwear plant located in Stuart, CFR Part 1, by authority of the Secretary The intent of the Department’s Virginia and all workers producing t- of Labor pursuant to the provisions of certification is to include all workers of shirts and fleece wear will be separated the Davis-Bacon Act of March 3, 1931, Oxford Industries, Incorporated from employment when the plant closes as amended (46 Stat. 1494, as amended, adversely affected by increased imports in October 1998. 40 U.S.C. 276a) and of other Federal from Mexico. Accordingly, the The intent of the Department’s statutes referred to in 29 CFR Part 1, Department is amending the certification is to include all workers of Appendix, as well as such additional certification to include workers of VF Knitwear, Inc. adversely affected by statutes as may from time to time be Oxford of Camden, Camden, South increased imports from Mexico. enacted containing provisions for the Carolina. Accordingly, the Department is payment of wages determined to be The amended notice applicable to amending the certification to include prevailing by the Secretary of Labor in NAFTA–02048 is hereby issued as workers of VF Knitwear, Inc., Bassett- accordance with the Davis-Bacon Act. follows: Walker, Stuart Division, Stuart, Virginia. The prevailing rates and fringe benefits All workers of Oxford Industries, The amended notice applicable to determined in these decisions shall, in Incorporated, Oxford Women’s Catalog and NAFTA–2360 is hereby issued as accordance with the provisions of the Special Markets Division, Alma, Georgia follows: foregoing statutes, constitute the (NAFTA–02048), Oxford of Camden, minimum wages payable on Federal and All workers of VF Knitwear, Inc., Camden, South Carolina (NAFTA–02048C) federally assisted construction projects who became totally or partially separated Hillsville, Virginia (NAFTA–2360) and VF from employment on or after November 24, Knitwear, Inc., Bassett-Walker, Stuart to laborers and mechanics of the 1996 through December 21, 1999, are eligible Division, Stuart, Virginia (NAFTA–2360A) specified classes engaged on contract to apply for NAFTA–TAA under Section 250 who became totally or partially separated work of the character and in the of the Trade Act of 1974. from employment on or after May 1, 1997 localities described therein. 46078 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Good cause is hereby found for not NY980002 (Feb. 13, 1998) OR980017 (FEB. 13, 1998) utilizing notice and public comment NY980006 (Feb. 13, 1998) WASHINGTON procedure thereon prior to the issuance NY980010 (Feb. 13, 1998) WA980001 (FEB. 13, 1998) of these determinations as prescribed in NY980022 (FEB. 13, 1998) WA980002 (FEB. 13, 1998) NY980040 (FEB. 13, 1998) 5 U.S.C. 553 and not providing for delay WA980003 (FEB. 13, 1998) NY980042 (FEB. 13, 1998) WA980007 (FEB. 13, 1998) in the effective date as prescribed in that NY980049 (FEB. 13, 1998) WA980008 (FEB. 13, 1998) section, because the necessity to issue NY980076 (FEB. 13, 1998) current construction industry wage WA980011 (FEB. 13, 1998) determinations frequently and in large Volume II WA980023 (FEB. 13, 1998) volume causes procedures to be WEST VIRGINIA Volume VII WV980001 (FEB. 13, 1998) impractical and contrary to the public CALIFORNIA interest. WV980002 (FEB. 13, 1998) WV980003 (FEB. 13, 1998) CA980029 (FEB. 13, 1998) General wage determination WV980005 (FEB. 13, 1998) NEVADA decisions, and modifications and WV980006 (FEB. 13, 1998) NV980001 (FEB. 13, 1998) supersedes decisions thereto, contain no WV980008 (FEB. 13, 1998) NV980004 (FEB. 13, 1998) expiration dates and are effective from WV980009 (FEB. 13, 1998) NV980005 (FEB. 13, 1998) their date of notice in the Federal Volume III NV980007 (FEB. 13, 1998) Register or on the date written notice is NV980009 (FEB. 13, 1998) received by the agency, whichever is NONE earlier. These decisions are to be used Volume IV General Wage Determination Publication in accordance with the provisions of 29 INDIANA CFR Parts 1 and 5. Accordingly, the IN980001 (FEB. 13, 1998) applicable decision, together with any General wage determinations issued IN980002 (FEB. 13, 1998) under the Davis-Bacon and related Acts, modifications issued, must be made a IN980005 (FEB. 13, 1998) including those noted above, may be part of every contract for performance of IN980006 (FEB. 13, 1998) the described work within the WISCONSIN found in the Government Printing Office geographic area indicated as required by WI980001 (FEB. 13, 1998) (GPO) document entitled ‘‘General Wage an applicable Federal prevailing wage WI980003 (FEB. 13, 1998) Determinations Issued Under The Davis- law and 29 CFR Part 5. The wage rates WI980004 (FEB. 13, 1998) Bacon and Related Acts.’’ This WI980006 (FEB. 13, 1998) and fringe benefits, notice of which is publication is available at each of the 50 WI980008 (FEB. 13, 1998) published herein, and which are Regional Government Depository WI980009 (FEB. 13, 1998) Libraries and many of the 1,400 contained in the Government Printing WI980010 (FEB. 13, 1998) Office (GPO) document entitled Government Depository Libraries across WI980012 (FEB. 13, 1998) the country. ‘‘General Wage Determinations Issued WI980013 (FEB. 13, 1998) Under The Davis-Bacon And Related WI980018 (FEB. 13, 1998) The general wage determinations Acts,’’ shall be the minimum paid by WI980019 (FEB. 13, 1998) issued under the Davis-Bacon and contractors and subcontractors to WI980020 (FEB. 13, 1998) related Acts are available electronically laborers and mechanics. WI980021 (FEB. 13, 1998) by subscription to the FedWorld Any person, organization, or WI980024 (FEB. 13, 1998) Bulletin Board System of the National WI980025 (FEB. 13, 1998) governmental agency having an interest Technical Information Service (NTIS) of WI980028 (FEB. 13, 1998) in the rates determined as prevailing is WI980029 (FEB. 13, 1998) the U.S. Department of Commerce at 1– encouraged to submit wage rate and WI980031 (FEB. 13, 1998) 800–363–2068 fringe benefit information for WI980034 (FEB. 13, 1998) Hard-copy subscriptions may be consideration by the Department. Volume V purchased from: Superintendent of Further information and self- Documents, U.S. Government Printing explanatory forms for the purpose of OKLAHOMA OK980013 (FEB. 13, 1998) Office, Washington, D.C. 20402, (202) submitting this data may be obtained by 512–1800. writing to the U.S. Department of Labor, OK980014 (FEB. 13, 1998) OK980015 (FEB. 13, 1998) Employment Standards Administration, When ordering hard-copy OK980016 (FEB. 13, 1998) subscription(s), be sure to specify the Wage and Hour Division, Division of OK980017 (FEB. 13, 1998) Wage Determinations, 200 Constitution State(s) of interest, since subscriptions OK980018 (FEB. 13, 1998) may be ordered for any or all of the Avenue, N.W., Room S–3014, OK980028 (FEB. 13, 1998) Washington, D.C. 20210. OK980034 (FEB. 13, 1998) seven separate volumes, arranged by OK980035 (FEB. 13, 1998) State. Subscriptions include an annual Modifications to General Wage OK980036 (FEB. 13, 1998) edition (issued in January or February) Determination Decisions OK980037 (FEB. 13, 1998) which includes all current general wage The number of decisions listed in the OK980038 (FEB. 13, 1998) determinations for the States covered by Government Printing Office document OK980043 (FEB. 13, 1998) each volume. Throughout the remainder entitled ‘‘General Wage Determinations Volume VI of the year, regular weekly updates are distributed to subscribers. Issued Under the Davis-Bacon and ALASKA Related Acts’’ being modified are listed AK980001 (FEB. 13, 1998) Signed at Washington, D.C. This 20th Day by Volume and State. Dates of AK980003 (FEB. 13, 1998) of August, 1998. publication in the Federal Register are AK980010 (FEB. 13, 1998) Carl J. Poleskey, in parentheses following the decisions IDAHO Chief, Branch of Construction Wage ID980001 (FEB. 13, 1998) being modified. Determinations. ID980002 (FEB. 13, 1998) Volume I OREGON [FR Doc. 98–22874 Filed 8–27–98; 8:45 am] NEW YORK OR980001 (FEB. 13, 1998) BILLING CODE 4510±27±M Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46079

DEPARTMENT OF LABOR The engineering services that NTS activities. In addition, the on-site review provides include design of report references other procedures and Occupational Safety and Health instrumentation and specialized practices that NTS uses for the parts of Administration hardware, and electrical and mechanical its operations that can be designated [Docket No. NRTL±1±98] engineering. ‘‘non-NRTL’’ activities. However, the NTS submitted an application for recognition will not apply to any aspect National Technical Systems, recognition, dated September 30, 1994 of the non-NRTL activities, except to Application for Recognition (see Exhibit 2A). It separately submitted those product testing or certification a Quality Manual (QM), dated June 24, procedures and practices that are AGENCY: Occupational Safety and Health 1997, and Quality Assurance Procedures incorporated in the NRTL QM and Administration, Labor. (QAPs), dated December 22, 1997, NRTL QAPs, and are in conformance ACTION: Notice. specifically for the activities it plans to with the requirements of 29 CFR 1910.7. undertake as an NRTL (see Exhibits 2C In summary, NTS represents that it SUMMARY: This notice announces the and 2E). These two documents are maintains the experience, expertise, application of National Technical hereinafter referred to as ‘‘NRTL QM’’ personnel, organization, equipment, and Systems for recognition as an NRTL and ‘‘NRTL QAPs,’’ respectively. The facilities suitable for accreditation as an under 29 CFR 1910.7, and presents the NRTL QM replaced the Quality Manual OSHA Nationally Recognized Testing Agency’s preliminary finding. submitted by NTS in the original Laboratory. It also contends that it meets DATES: Comments submitted by application. The QAPs were marked or will meet the criteria of recognition interested parties must be received no confidential by the applicant. The defined in 29 CFR 1910.7. later than October 27, 1998. applicant originally requested The four primary criteria for ADDRESS: Send comments concerning recognition for a facility in Acton and recognition are presented below, along this notice to: Office of Technical for another facility in Boxborough, both with examples that illustrate how NTS Programs and Coordination Activities, in Massachusetts. The applicant also has met each of these criteria. NRTL Program, Occupational Safety and originally requested recognition to test Capability Health Administration, U.S. Department and certify to more than 90 test standards. Section 1910.7(b)(1) states that for of Labor, 200 Constitution Avenue, NW, each specified item of equipment or Room N3653, Washington, D.C. 20210. OSHA performed an on-site assessment (review) of the Acton and material to be listed, labeled or FOR FURTHER INFORMATION CONTACT: Boxborough facilities, on January 23–26, accepted, the laboratory must have the Bernard Pasquet, Office of Technical 1995. The review determined that NTS capability (including proper testing Programs and Coordination Activities, did not meet all the requirements equipment and facilities, trained staff, NRTL Program at the above address, or necessary for recognition under 29 CFR written testing procedures, and phone (202) 219–7056. 1910.7, and the applicant was so calibration and quality control SUPPLEMENTARY INFORMATION: informed. After OSHA completed the programs) to perform appropriate testing. Notice of Application review, NTS eliminated the Boxborough facility from consideration. In response The on-site review report indicates Notice is hereby given that National to the findings of the review, the that NTS has adequate space and Technical Systems (NTS) has applied to applicant also submitted amendments to utilities to perform the testing required. the Occupational Safety and Health OSHA, dated April 10, and September Security measures are in place to restrict Administration (OSHA), pursuant to 29 22, 1997 (see Exhibits 2B and 2D), to or control access to their facility. The CFR 1910.7, for recognition as a revise and reduce the number of test report also indicates that all general test Nationally Recognized Testing standards it sought to include in its equipment required to perform testing Laboratory (NRTL) for testing and scope of recognition to 13. Also, NTS to the test standards requested are certification of the equipment or developed and submitted the previously available in the laboratory, and that NTS materials, and use of the programs and mentioned NRTL QM and NRTL QAPs. maintains records of repair, routine procedures, listed below. In the submittal covering the NRTL QM, maintenance, and calibrations. The The address of the laboratory covered NTS also applied to OSHA for NRTL QAPs cover the general processes by this application is: National recognition to use the supplemental and practices NTS will use for its Technical Systems, 533 Main Street, programs and procedures permitted equipment calibrations, and NTS has Acton, Massachusetts 01720. under the March 9, 1995 Federal detailed procedures for the calibration Register notice (60 FR 12980). During of specific items of equipment. The Background the preparation of this notice, NTS application and revisions address According to the applicant, National deleted one test standard since the personnel qualifications and training, Technical Systems (NTS) is standards organization had withdrawn and identify NTS staff involved with headquartered in Calabasas, California, it. As a result, the recognition request product testing, along with a summary and was established in 1963. It became covers 12 test standards. Finally, in of their education and experience. Also, a public company in 1968, and it is response to OSHA’s request for the on-site review report indicates that listed in the NASDAQ exchange. clarification, dated March 18, 1998 (see NTS personnel have the necessary Furthermore, the applicant states it is an Exhibit 2F), NTS submitted education, training, technical independent testing, engineering, amendments to its NRTL QAPs and to knowledge, and experience specified by research, and support services its NRTL QM, dated April 8, 1998 (see their position descriptions. In addition, organization, with more than 30 years of Exhibit 2G). the review report indicates that the product testing experience. NTS also Regarding the merits of the NRTL QM and NRTL QAPs, and NTS’ states it has provided testing services to application, the applicant states that the Internal Audit Program are the primary the military/aerospace, commercial, and NRTL QM is the first tier document that means of quality assurance. The review power industry, and has conducted will direct its NRTL activities. The report also indicates that other aspects qualification testing for the nuclear NRTL QAPs provide more detailed of quality assurance will be the power industry for more than 20 years. policies, processes, and steps for those individual test procedures and standard 46080 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices operating procedures. The report further NRTL Program. Therefore, OSHA has testing and certification activities. For indicates that the engineer assigned to not evaluated the actual listing and example, assume that NTS sells design handle the testing for a customer writes labeling procedures NTS will use as an services for products to a manufacturer, a unique procedure for each product NRTL. and certifies the same or different that NTS tests in its ‘‘non-NRTL’’ The NRTL QM and NRTL QAPs products for that manufacturer. Such a activities, and that this approach may be contain general descriptions of the relationship would violate the used for NTS’s operations as an NRTL. certification processes that NTS will requirement for complete independence However, such an approach would not utilize, along with requirements for the of an NRTL. meet the requirement in 29 CFR 1910.7 contents of the legal agreements and for Since NTS is a public company, it is (b)(1) that the NRTL’s capability processes that will define and control also conceivable that manufacturers or includes ‘‘written test procedures.’’ the way NTS implements its vendors could acquire ownership of These procedures, like any other certification schemes. They also NTS. If such an acquisition were to procedure, are intended to be a general describe the process for selecting control or influence NTS in its testing set of instructions that can be applied to products for evaluation, which may and certification activities, it would no each test, and in this case, steps and include their purchasing a commercial longer be ‘‘completely independent’’ methods that recur in examining and sample. NTS also submitted a draft of a with respect to those manufacturers or testing products. The applicant sample certification agreement. For the vendors of the products covered within submitted samples of written test certification schemes that NTS proposes the recognized scope of NTS. procedures in its original application to use, it will conduct follow-up which illustrate how some requirements inspections of products at least once Creditable Reports/Complaint Handling of the standard will be verified, but did every three months. The NRTL QAPs Section 1910.7(b)(4) provides that an not address all the requirements of the also contain more detailed descriptions NRTL must maintain effective standard in all cases. NTS will need to of the processes to qualify and then procedures for producing credible develop and/or identify test procedures audit a manufacturer. According to the findings and reports that are objective that will be applicable over the broad on-site review report, NTS plans to and without bias, as well as for handling range of products that it plans to test utilize the approach it currently uses for complaints and disputes under a fair and certify as an NRTL. These its vendor surveillance and audits to and reasonable system. procedures will need to be in place perform manufacturer site inspections. The NRTL QAPs contain the steps when OSHA performs its first review of The report further indicates that while that the laboratory will use to set up and NTS after it has been recognized. The the programs reviewed during the onsite inspect test apparatus, and record test report further indicates NTS has done review were similar to an NRTL follow- data. Regarding the handling of only partial testing to portions of the up program, NTS has just developed the complaints and disputes, the NRTL test standards, as required for NRTL follow-up program and OSHA QAPs describes some of the process compliance of nuclear facility products needs to investigate this new program steps to handle a complaint either from and other testing programs. Therefore, when it is in use. Therefore, OSHA has a manufacturer or user of the products OSHA has not yet evaluated the testing been unable to evaluate the actual use NTS certifies. and reporting procedures that NTS will of the follow-up program. Standards utilize for purposes of certifying to a Independence complete test standard, and OSHA NTS seeks recognition for testing and needs to investigate this aspect of NTS Section 1910.7(b)(3) requires that the certification of products to determine operations when these procedures are in NRTL be completely independent of compliance with the following twelve use. employers subject to the tested (12) test standards, and OSHA has equipment requirements, and of any determined the standards are Control Procedures manufacturers or vendors of equipment ‘‘appropriate,’’ within the meaning of 29 Section 1910.7(b)(2) requires that the or materials being tested for these CFR 1910.7(c): NRTL provide certain controls and purposes. ANSI/UL 465 Central Cooling Air services, to the extent necessary, for the In its original application, NTS states Conditioners particular equipment or material to be that it performs all testing and ANSI/UL 484 Room Air Conditioners listed, labeled, or accepted. They certification activities independently of ANSI/UL 489 Molded-Case Circuit Breakers include control procedures for all NTS clients, and that no clients have and Circuit-Breaker Enclosures identifying the listed or labeled any significant ownership position in ANSI/UL 499 Electric Heating Appliances equipment or materials, inspections of NTS, or any influence on NTS activities. ANSI/UL 1012 Power Supplies ANSI/UL 1459 Telephone Equipment production runs at factories to assure The application further states that NTS ANSI/UL 1778 Uninterruptible Power conformance with test standards, and employees are not under the influence Supply field inspections to monitor and assure or control of manufacturers or suppliers, UL 1863 Communication Circuit Accessories the proper use of identifying marks or and that NTS is not under the influence ANSI/UL 1950 Information Technology labels. of any manufacturer or producer of Equipment Including Electrical Business The onsite review report indicates hardware items. NTS also submitted a Equipment that NTS currently applies a mark to detailed listing of ‘‘beneficial owners’’ UL 2601–1 Medical Electrical Equipment, components used in the nuclear power of 5% or more of NTS common stock. Part 1: General Requirements for Safety industry. The report also mentions that NTS could conceivably perform the UL 3101–1 Electrical Equipment for Laboratory Use; Part 1: General NTS has applied for a registered design and engineering services Requirements certification mark that it will use in its previously mentioned for manufacturers UL 3111–1 Electrical Measuring and Test operations as an NRTL. NTS will need or vendors of the products covered Equipment, Part 1: General to obtain approval from the U.S. Patent within the scope of the test standards and Trademark Office for this mark for which OSHA has recognized NTS. Programs and Procedures before it can issue any certifications in Financial considerations could give As previously mentioned, National its capacity as an NRTL. NTS has not these outside parties significant Technical Systems has applied for all listed or labeled any products under the influence on the results of the NTS nine programs and procedures, based Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46081 upon the criteria detailed in OSHA’s Conditions certified are safe for use by workers and March 9, 1995 Federal Register notice As described above, OSHA has employers. (60 FR 12980, 3/9/95). These programs concerns about NTS because it has not Therefore, OSHA intends to impose the following conditions in the final and procedures (collectively, programs) had the opportunity to evaluate the notice to officially recognize NTS as an may be used by an NRTL to control and actual testing and reporting procedures, NRTL. These conditions apply solely to audit, but not actually to generate, the and use of the follow-up program, since its operations as an NRTL, and will be data relied upon for product these have not yet been implemented. in addition to all other conditions that certification. An applicant, when OSHA has also identified issues related OSHA normally imposes in its recognized as an NRTL, is automatically to the ownership and commercial recognition of an organization as an accredited for the first, or basic, relationships that could affect the NRTL. program, which requires that all product independence of NTS. Unless NTS testing and evaluation be performed in- 1. Within 30 days of certifying its first meets certain conditions imposed by house by the NRTL that will certify the products under the NRTL Program, NTS OSHA, it could not be recognized as an product. will notify the OSHA NRTL Program Based on the recommendation of the NRTL under 29 CFR 1910.7. Also, the Director so that OSHA may review NTS’ staff of the NRTL Program, the programs proposed NTS approach of developing a adoption and implementation of its that OSHA proposes to recognize for unique test procedure for each test NRTL Quality Manual, NRTL Quality NTS are limited to the following: makes it difficult for OSHA to evaluate Assurance Procedures, and other 1. Program 4: Acceptance of its testing capabilities. OSHA will procedures from other NTS Program witnessed testing data. therefore need to evaluate NTS when it areas for use in the NRTL Program. 2. Program 8: Acceptance of product implements the detailed procedures and 2. NTS shall not test and certify evaluations from organizations that practices it plans to use to test and products for a client to whom it function as part of the International certify products as an NRTL, and will primarily sells design or similar Electrotechnical Commission conditionally recognize NTS subject to services. Certification Body (IEC-CB) Scheme. a later assessment of the process once it 3. NTS shall not test and certify 3. Program 9: Acceptance of services is in place. products for a client if an owner of NTS other than testing or evaluation Many of these procedures and also owns more than two percent of that performed by subcontractors or agents. practices will be new to NTS. Those that client’s stock. The on-site review report indicates exist or are incorporated in the NRTL that NTS appears to meet the QAPs may need to be supplemented by Preliminary Finding requirements for use of the above more detailed specific instructions on National Technical Systems has programs and procedures. At this time, the many activities involved in testing addressed the criteria that must be met OSHA does not intend to approve the and certifying products to a complete for recognition as an NRTL, as other programs that NTS requested. NTS test standard. summarized above. In addition, the must have documented procedures and This approach is consistent with OSHA staff has performed an on-site practices in place providing much OSHA’s past recognition of other review of NTS’ Acton facility and greater detail, before OSHA can approve organizations as NRTLs who, like NTS, investigated the processes, procedures, the use of the remaining programs. The were mainly experienced in testing practices, and general operations used NRTL QAPs that are applicable to these products to specific customer or partial by the laboratory. Discrepancies noted programs are, in many cases, minimal in test standard requirements. OSHA by the review team during the on-site nature, some of which just restate the indicated in the Federal Register notice review were addressed by NTS criteria in the March 9, 1995 notice that for those recognitions that the following the on-site evaluation, as must be met. As such, they constitute procedures to be used were new to the detailed above, and are included in the more policies than procedures. In organization (for example, see 56 FR on-site review report (see Exhibit 3). addition, NTS needs to develop certain 28581, 6/21/91; and 58 FR 15511, 3/23/ Following a review of the application experience to obtain approval of the 93). OSHA will require NTS to take file and the on-site review report, the programs involving use of steps to correct any deficiencies that NRTL Program staff has concluded that manufacturers to perform tests or OSHA may find during its initial follow- the applicant be granted recognition as evaluations (Programs 5, 6, and 7). up review. If deficiencies are not a Nationally Recognized Testing The March 9 notice specifies the need corrected, then OSHA will commence Laboratory for the Acton, Massachusetts for a confidence-building period with its process to revoke the recognition of facility, subject to the conditions the manufacturer that can only result the NRTL. described above. The staff therefore after NTS has gained experience as an Regarding independence, NTS has or recommended to the Assistant Secretary NRTL in certifying products for those could potentially have relationships that that the application be preliminarily manufacturers. An additional eliminate its complete independence, approved. consideration is that NTS does not have and OSHA intends to impose conditions Based upon the recommendation of experience in testing and certification to to assure this will not occur. Such the staff, the Assistant Secretary hereby a complete standard, and may have less relationships may be the normal result makes a preliminary finding that opportunity to develop the required of the NTS ownership structure, and its National Technical Systems’ Acton, experience if it uses others to do these financial and commercial transactions. Massachusetts facility can meet the activities. This experience is essential However, as an NRTL, those recognition requirements, as prescribed for its continued recognition as an relationships could adversely influence by 29 CFR 1910.7, for the 12 standards NRTL. Finally, OSHA will need to the results of its testing and certification and the 3 programs noted above with review the actual implementation of processes, such that NTS may no longer the conditions to be applied as noted. certain key aspects of NTS’ operations be, intentionally or not, impartial and All interested members of the public as an NRTL, which, as already noted, objective. As a result, NTS would no are invited to supply detailed reasons were not formally evaluated since they longer be completely independent, and evidence as to whether National were not yet in place at the time OSHA which is a requirement fundamental to Technical Systems has met the performed its on-site review of NTS. assuring that the products tested and requirements of 29 CFR 1910.7 for 46082 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices recognition as a Nationally Recognized SUPPLEMENTARY INFORMATION: the more specific SOPs. The CQAM and Testing Laboratory. Pertinent written LQAM provide part of the overall Notice of Application documents and exhibits must be framework that will govern many of the received no later than the last date for Notice is hereby given that NSF activities NSF would have to perform as comments (see DATES above), and International (NSF) has applied to the an NRTL. NSF also submitted an submitted to the address provided above Occupational Safety and Health example of an application and contract (see ADDRESS). Copies of the NTS Administration (OSHA), pursuant to 29 for its certification services, and the application, amendments and CFR 1910.7, for recognition as a detailed Certification Policies that form supplements to the application, the on- Nationally Recognized Testing part of this contract (see Exhibit 2E). site review report, and all submitted Laboratory (NRTL). The application These items are applicable to all comments, as received, are available for covers testing and certification of the products certified by NSF, and will be inspection and duplication (under equipment or materials, and use of the applicable to the certification of Docket No. NRTL–1–98) at the Docket programs and procedures, listed below. products for electrical safety. Office, Room N2625, Occupational The address of the laboratory covered In summary, NSF represents that it Safety and Health Administration, U.S. by this application is: NSF maintains the experience, expertise, Department of Labor, at the above International, 3475 Plymouth Road, Ann personnel, organization, equipment, and address. Arbor, Michigan 48105. facilities suitable for accreditation as an The Assistant Secretary’s final Background OSHA Nationally Recognized Testing decision on whether the applicant Laboratory. It also contends that it meets According to the applicant, NSF (NTS) satisfies the requirements for or will meet the criteria of recognition International (NSF) is headquartered in defined in 29 CFR 1910.7. recognition as an NRTL will be made on Ann Arbor, Michigan, and was the basis of the entire record including The four primary criteria for incorporated in that state in 1990. The recognition are presented below, along the public submissions and any further applicant also states it has been a not- proceedings that the Assistant Secretary with examples that illustrate how NSF for-profit developer of test standards has met each of these criteria. may consider appropriate in accordance and a third party certifier for more than with 29 CFR Section 1910.7, and fifty years. The Bylaws of NSF state that Capability Appendix A to that section. it ‘‘shall be operated exclusively for Section 1910.7(b)(1) states that for Signed at Washington, D.C. this 18th day charitable, educational, and scientific each specified item of equipment or of August, 1998. purposes and for the purpose of testing material to be listed, labeled or Charles N. Jeffress, for public safety * * * as a nonprofit accepted, the laboratory must have the Assistant Secretary. corporation.’’ The Bylaws and other capability (including proper testing [FR Doc. 98–23250 Filed 8–27–98; 8:45 am] documentation submitted by NSF equipment and facilities, trained staff, BILLING CODE 4510±26±P indicate that NSF develops ‘‘third-party written testing procedures, and consensus standards’’ covering the areas calibration and quality control of safety, health, sanitation, and programs) to perform appropriate DEPARTMENT OF LABOR environment. The application further testing. documents that NSF currently engages The LQAM provides overall Occupational Safety and Health in conformity assessment activities descriptions of NSF’s laboratories, and Administration connected with several certification details facilities and equipment [Docket No. NRTL±2±98] programs that it operates in those areas. available in each of these laboratories. NSF submitted an application for The applicant contends it has security NSF International, Application for recognition, dated July 6, 1997 (see measures in place to restrict or control Recognition Exhibit 2A), and later submitted three access to its facility, to sections within amendments. On July 29, 1997, NSF its facility, and to confidential AGENCY: Occupational Safety and Health amended its application to add two information. The LQAM contains a Administration (OSHA); Labor. additional test standards to the listing or references to listings of ACTION: Notice. proposed scope of recognition (see equipment available for each laboratory. Exhibit 2B). On December 9 and 16, It also addresses the maintenance SUMMARY: This notice announces the 1997, NSF amended it application to program for equipment, the calibration application of NSF International for request additional programs and procedures and frequency, and the types recognition as an NRTL under 29 CFR procedures, and to replace one test of records maintained for or supportive 1910.7, and presents the Agency’s standard it previously requested (see of many laboratory activities. NSF preliminary finding. Exhibits 2C and 2D). addresses testing, sample handling, DATES: Comments submitted by The applicant submitted a number of sampling, and test methods in its CQAM interested parties must be received no documents in support of its application. or its LQAM. It also has documented the later than October 27, 1998. These documents include its Corporate specific equipment it plans to use for ADDRESS: Send comments concerning Quality Assurance Manual (CQAM) and testing to the standards it has requested this notice to: Office of Technical its Laboratories Quality Assurance for recognition. Programs and Coordination Activities, Manual (LQAM). The CQAM describes In addition, NSF has submitted for NRTL Program, Occupational Safety and the overall quality system used at NSF, OSHA review samples of the test Health Administration, U.S. Department and includes an explanation and procedures and evaluation it plans to of Labor, 200 Constitution Avenue, NW, reference to the Standard Operating use. However, the test standard Room N3653, Washington, D.C. 20210. Procedures (SOPs), which ‘‘detail the information NSF has submitted FOR FURTHER INFORMATION CONTACT: actions necessary to accomplish a indicates that many test procedures it Bernard Pasquet, Office of Technical particular task.’’ The LQAM provides plans to use are not yet in place. As a Programs and Coordination Activities, detailed policies, processes, and steps result, OSHA has not performed an NRTL Program at the above address, or for the activities performed by NSF’s actual evaluation of the specific testing, phone (202) 219–7056. laboratories. The LQAM also references evaluation and reporting methods that Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46083

NSF will utilize in certifying to any of Independence Programs and Procedures the requested test standards. Therefore, Section 1910.7(b)(3) requires that the NSF has applied for three (3) OSHA still needs to investigate how NRTL be completely independent of supplemental programs and procedures, these methods will work when they are employers subject to the tested based upon the criteria detailed in the implemented. equipment requirements, and of any March 9, 1995 Federal Register notice The CQAM and LQAM cover manufacturers or vendors of equipment (60 FR 12980, 3/9/95). This notice lists personnel qualifications and training; or materials being tested for these nine (9) programs and procedures other materials identify NSF staff that purposes. (collectively, programs) that may be will be involved with the NRTL As previously mentioned, NSF’s used by an NRTL to control and audit, operations, along with a summary of Bylaws indicate it is a ‘‘nonprofit but not actually to generate, the data their education and experience. OSHA’s corporation.’’ The Bylaws also indicate relied upon for product certification. An on-site review report indicates that NSF NSF is a ‘‘nonstock, directorship basis’’ applicant, when recognized as an NRTL, has sufficient personnel with education, corporation and that ‘‘the Board of is automatically accredited for the first, training, technical knowledge, and Directors shall establish policies and or basic, program, which requires that experience to undertake the functions oversee management of the all product testing and evaluation be needed as an NRTL, and that NSF Corporation,’’ and ‘‘elect Directors [and] performed in-house by the NRTL that quality control, partially embodied in ** * officers.’’ In addition, the will certify the product. The on-site the CQAM and LQAM, is adequate. ‘‘Conflicts of Interest’’ section of the review report indicates that NSF Bylaws contains self-disclosure and appears to meet the requirements for use Control Procedures disqualification requirements for of the following supplemental programs directors and officers in matters Section 1910.7(b)(2) requires that the and procedures, for which it has involving contracts and transactions in applied: NRTL provide certain controls and which they are ‘‘interested.’’ services, to the extent necessary, for the 1. Program 4: Acceptance of particular equipment or material to be Creditable Reports/Complaint Handling witnessed testing data. listed, labeled, or accepted. They Section 1910.7(b)(4) provides that an 2. Program 8: Acceptance of product include control procedures for NRTL must maintain effective evaluations from organizations that identifying the listed or labeled procedures for producing credible function as part of the International Electrotechnical Commission equipment or materials, inspections of findings and reports that are objective Certification Body (IEC–CB) Scheme. production runs at factories to assure and without bias, as well as for handling 3. Program 9: Acceptance of services conformance with test standards, and complaints and disputes under a fair other than testing or evaluation field inspections to monitor and assure and reasonable system. performed by subcontractors or agents. the proper use of identifying marks or The LQAM references the test data labels. sheets and other documents used to Conditions record test data, and indicates that The CQAM addresses the conformity results from tests are recorded in an As described above, OSHA has assessment operations of NSF, including information management system. The concerns about NSF because it has not the steps involved in the listing and information in this system is then used had the opportunity to evaluate the certification of products. NSF has to generate preliminary test reports that actual testing and reporting procedures, submitted documentation showing it are reviewed and checked prior to being and use of the follow-up program, since has a registered certification mark. In finalized. Specific referenced these have not yet been implemented. addition, the NSF’s certification policies procedures are used for the direct Therefore, OSHA intends to impose the provide further details regarding the measurement of data, and for the review following condition in the final notice authorization of certifications, and and authorization of preliminary and to officially recognize NSF as an NRTL. audits of facilities. The audits apply to final test reports. As for the handling of This condition applies solely to its both the initial assessment or evaluation complaints and disputes, the CQAM operations as an NRTL and will be in and the follow-up inspection of and LQAM describe aspects of the NSF addition to all other conditions that manufacturers’ facilities. Further details customer feedback systems, and contain OSHA normally imposes in its are provided regarding the procedures references to the specific procedures recognition of an organization as an for authorizing the use of the NSF mark, that apply. In addition, the certification NRTL. and the listings that NSF issues or policies specifically address customer Within 30 days of certifying its first revises in connection with its current complaints, which could apply either to products under the NRTL Program, NSF certification programs. The on-site a user or a manufacturer of the products will notify the OSHA NRTL Program review report indicates that follow-up NSF certifies. Director so that OSHA may review inspections will be performed by NSF NSF’s implementation of procedures for four times a year. The certification Standards testing and follow-up inspections of policies, and corresponding detailed NSF seeks recognition for testing and products covered within the scope of procedures, contain many elements that certification of products to determine the above-listed test standards. NSF will adapt for use in its NRTL compliance with the following three (3) Preliminary Finding operations. NSF has not yet certified or test standards, and OSHA has listed any products for which it requests determined the standards are NSF International has addressed the recognition, and the follow-up ‘‘appropriate,’’ within the meaning of 29 criteria that must be met for recognition inspection program it will use as an CFR 1910.7(c): as an NRTL, as summarized above. In NRTL is a new program for NSF. ANSI/UL 197 Commercial Electric addition, the OSHA has performed an Therefore, OSHA will need to evaluate Cooking Appliances on-site review of NSF’s Ann Arbor, this new program, and the actual ANSI/UL 471 Commercial Refrigerators Michigan facility, on December 2–5, certification and listing procedures and Freezers 1997, and investigated the processes, when NSF uses them for its NRTL ANSI/UL 921 Commercial Electric procedures, practices, and general operations. Dishwashers operations used by the laboratory. 46084 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Discrepancies noted by the review team DEPARTMENT OF LABOR for a renewal of its recognition on during the on-site review were March 23, 1997 (see Exhibit 7C), within addressed by NSF following the on-site Occupational Safety and Health the time allotted, and retained its evaluation and are included in the on- Administration recognition pending OSHA’s final site review report (see Exhibit 3). [Docket No. NRTL±2±90] decision in this renewal process. Regarding the expansions, SGS Following a review of the application requested recognition to use additional file and the on-site review report, the SGS U. S. Testing Company Inc., Renewal & Expansion of Recognition programs and procedures, and for the NRTL Program staff has concluded that recognition of its facility (site) in the applicant can be granted recognition AGENCY: Occupational Safety and Health Fairfield, New Jersey, which will as a Nationally Recognized Testing Administration (OSHA), Labor. become the headquarters of its NRTL Laboratory for the Ann Arbor, Michigan ACTION: Notice. operations (see Exhibits 7D–7F). The facility, subject to the condition recognition of this site covers testing described above. The staff therefore SUMMARY: This notice announces the and certification to the test standards recommended to the Assistant Secretary Agency’s final decision on the listed below in the section titled that the application be preliminarily applications of SGS U.S. Testing ‘‘Expansion of Recognition—Additional approved. Company Inc., under 29 CFR 1910.7, for Facility,’’ and use of the additional renewal of its recognition as an NRTL, Based upon the recommendation of programs and procedures, also listed and for an expansion of its recognition below. the staff, the Assistant Secretary has to include an additional site and to use The notice of the applications for made a preliminary finding that NSF additional programs and procedures. renewal and expansion of recognition International Ann Arbor, Michigan When initially recognized, the was published in the Federal Register facility can meet the recognition organization was called U.S. Testing (see 63 FR 27598, 5/19/98). The notice requirements, as prescribed by 29 CFR Company, Inc., California Division, and included a preliminary finding that SGS 1910.7, for the 3 standards and the 3 this notice formally reflects the name could meet the requirements in 29 CFR programs described above with the change to SGS U.S. Testing Company 1910.7 for renewal and expansion of its condition to be applied as noted. Inc. recognition, subject to certain All interested members of the public EFFECTIVE DATE: This recognition will conditions, and invited public comment are invited to supply detailed reasons become effective on August 28, 1998 on the applications by July 20, 1998. and evidence as to whether NSF and will be valid until August 28, 2003, Two comments were received in International has met the requirements unless terminated or modified prior to response to the notice that favored SGS’ of 29 CFR 1910.7 for recognition as a that date, in accordance with 29 CFR pending expansion (see Exhibits 9–1 and 9–2). The previous application of Nationally Recognized Testing 1910.7. SGS, pursuant to 29 CFR 1910.7, Laboratory. Pertinent written documents FOR FURTHER INFORMATION CONTACT: covered its recognition as an NRTL (56 Bernard Pasquet, NRTL Program, Office and exhibits must be received no later FR 10045, 3/23/92), which OSHA of Technical Programs and Coordination than the last date for comments (see granted on the date noted above. DATES above), and submitted to the Activities, Occupational Safety and Copies of all documents (Docket No. address provided above (see ADDRESS). Health Administration, U.S. Department NRTL–2–90) are available for inspection Copies of the NSF application, of Labor, 200 Constitution Avenue, NW, and duplication at the Docket Office, amendments to the application and Room N3653, Washington, D.C. 20210, Occupational Safety and Health supporting documentation, the on-site or phone (202) 219–7056. Administration, U.S. Department of review report, and all submitted SUPPLEMENTARY INFORMATION: Labor, 200 Constitution Avenue, NW, comments, as received, are available for Notice of Final Decision Room N2625, Washington, D.C. 20210. inspection and duplication (under The address of the SGS site for the Docket No. NRTL–2–98) at the Docket Notice is hereby given that the renewal of recognition is: SGS U.S. Office, Room N2625, Occupational Occupational Safety and Health Testing Company Inc., 555 Telegraph Safety and Health Administration, U.S. Administration (OSHA) has renewed Road, Los Angeles, California 90040. Department of Labor, at the above and expanded the recognition of SGS The address of the additional site for U.S. Testing Company Inc. (SGS), as a address. which SGS is recognized is: SGS U.S. Nationally Recognized Testing Testing Company Inc., 291 Fairfield The Assistant Secretary’s final Laboratory (NRTL), pursuant to 29 CFR Avenue, Fairfield, New Jersey 07004. decision on whether the applicant (NSF) 1910.7. When first recognized as an satisfies the requirements for NRTL, the organization’s name was U.S. Final Decision and Order recognition as an NRTL will be made on Testing Company, Inc., California Based upon a preponderance of the the basis of the entire record including Division. SGS informed OSHA of the evidence, the OSHA staff findings and the public submissions and any further change in name (see Exhibit 7B), and recommendations, and the on-site proceedings that the Assistant Secretary this notice reflects that change. review report, dated February 27, 1998 may consider appropriate in accordance Regarding the renewal, SGS received (see Exhibit 8), OSHA finds that SGS with 29 CFR Section 1910.7, and its recognition as an NRTL on March 23, has met the requirements of 29 CFR Appendix A to that section. 1993 (see 58 FR 15509), for a period of 1910.7 for the renewal of recognition of five years ending March 23, 1998. its Los Angeles, California site for Signed at Washington, D.C. this 18th day Appendix A to 29 CFR 1910.7 stipulates testing and certification to the 16 test of August, 1998. that the period of recognition of an standards listed under ‘‘Renewal of Charles N. Jeffress, NRTL is five years and that an NRTL Recognition’’ below. OSHA also finds Assistant Secretary. may renew its recognition by applying that SGS has met the requirements of 29 [FR Doc. 98–23251 Filed 8–27–98; 8:45 am] not less than nine months, nor more CFR 1910.7 for expansion of its BILLING CODE 4510±26±P than one year, before the expiration date recognition to include the Fairfield, of its current recognition. SGS applied New Jersey site, and the 2 additional Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46085 programs and procedures listed below, ANSI/UL 1950 Information Technology If SGS has reason to doubt the efficacy all subject to certain conditions. Equipment Including Electrical of any test standard it is using under Pursuant to the authority in 29 CFR Business Equipment this program, it shall promptly inform 1910.7, the recognition of SGS is hereby UL 2601–1 Medical Electrical the test standard developing renewed and expanded, subject to those Equipment, Part 1: General organization of this fact and provide conditions. This recognition is limited Requirements for Safety that organization with appropriate to equipment or materials that, under 29 UL 3101–1 Electrical Equipment for relevant information upon which its CFR Part 1910, require testing, listing, Laboratory Use; Part 1: General concerns are based; labeling, approval, acceptance, or Requirements SGS shall not engage in or permit certification, by a Nationally Recognized UL 3111–1 Electrical Measuring and others to engage in any Testing Laboratory. The recognition is Test Equipment, Part 1: General misrepresentation of the scope or further limited to equipment or Expansion of Recognition—Programs conditions of its recognition. As part of materials that will be used in and Procedures this condition, SGS agrees that it will environments under OSHA’s allow no representation that it is either jurisdiction. The recognition of SGS is expanded to a recognized or an accredited Nationally include use of the following 2 Recognized Testing Laboratory (NRTL) Renewal of NRTL Recognition additional programs and procedures, without clearly indicating the specific The recognition of the SGS Los based upon the criteria as detailed in equipment or material to which this Angeles, California site is renewed for OSHA’s March 9, 1995 Federal Register recognition is tied, or that its testing and certification of equipment notice (60 FR 12980). An NRTL may use recognition is limited to certain included within the scope of the these programs and procedures products; following 16 test standards, which (collectively, programs) to control and SGS shall inform OSHA as soon as OSHA has determined are appropriate audit, but not actually to generate, the possible, in writing, of any change of within the meaning of 29 CFR 1910.7(c): data relied upon for product ownership or key personnel, including ANSI/UL 1 Flexible Metal Conduit certification. An applicant, when details; ANSI/UL 3 Flexible Nonmetallic Tubing initially recognized as an NRTL, is SGS will continue to meet the for Electric Wiring automatically accredited for the first, or requirements for recognition in all areas ANSI/UL 250 Household Refrigerators basic, program, which requires that all where it has been recognized; and and Freezers product testing and evaluation be SGS will always cooperate with ANSI/UL 514A Metallic Outlet Boxes, performed in-house by the NRTL that OSHA to assure compliance with the Electrical will certify the product. spirit as well as the letter of its UL 544 Electric Medical and Dental 1. Program 2: Acceptance of testing recognition and 29 CFR 1910.7. Equipment data from independent organizations, ANSI/UL 632 Electrically Actuated other than NRTLs. Signed at Washington, D.C. this 21st day of August, 1998. Transmitters 2. Program 4: Acceptance of ANSI/UL 751 Vending Machines witnessed testing data. Charles N. Jeffress, ANSI/UL 913 Intrinsically Safe Assistant Secretary. Conditions—Use of Programs and Apparatus and Associated [FR Doc. 98–23249 Filed 8–27–98; 8:45 am] Procedures Apparatus for Use in Class I, II, and BILLING CODE 4510±26±P III, Division I, Hazardous The following conditions apply to the (Classified) Locations recognition to use the additional ANSI/UL 1012 Power Supplies programs and procedures, and are in NATIONAL FOUNDATION ON THE UL 1236 Electric Battery Chargers addition to the requirements detailed in ARTS AND THE HUMANITIES UL 1270 Radio Receivers, Audio the previously cited March 9, 1995 Systems, and Accessories Federal Register (60 FR 12980): National Endowment for the Arts; ANSI/UL 1418 Implosion-Protected a. SGS U.S. Testing Company Inc., Combined Arts Panel Cathode-Ray Tubes for Television- Fairfield, New Jersey, will review and Type Appliances approve the qualifications of all external Pursuant to Section 10(a)(2) of the UL 1459 Telephone Equipment organizations prior to SGS U.S. Testing Federal Advisory Committee Act (Pub. ANSI/UL 1484 Residential Gas Company Inc. accepting test data from L. 92–463), as amended, notice is hereby Detectors these organizations. given that a meeting of the Combined ANSI/UL 1571 Incandescent Lighting b. SGS U.S. Testing Company Inc., Arts Advisory Panel, Dance (A) Section Fixtures Fairfield, New Jersey, will review and (Planning & Stabilization category) to UL 1604 Electrical Equipment for Use in approve the qualifications of all external the National Council on the Arts will Class I and II, Division 2 and Class organizations prior to SGS U.S. Testing meet on September 16, 1998. The panel III Hazardous (Classified) Locations Company Inc. using a site of any of will meet from 9:00 a.m. to 5:45 p.m. in Room 716 at the Nancy Hanks Center, Expansion of Recognition—Additional these organizations for witnessed test 1100 Pennsylvania Avenue, NW, Facility data. Washington, DC 20506. The recognition of SGS is expanded to Other Conditions This meeting is for the purpose of include the Fairfield, New Jersey site for SGS U.S. Testing Company Inc. must Panel review, discussion, evaluation, testing and certification of equipment also abide by the following conditions and recommendation on applications included within the scope of the of the recognition, in addition to those for financial assistance under the following 5 test standards, which OSHA already required by 29 CFR 1910.7: National Foundation on the Arts and the has determined are appropriate within OSHA shall be allowed access to SGS’ Humanities Act of 1965, as amended, the meaning of 29 CFR 1910.7(c): facility and records for purposes of including information given in ANSI/UL 94 Tests for Flammability of ascertaining continuing compliance confidence to the agency by grant Plastic Materials for Parts in with the terms of its recognition and to applicants. In accordance with the Devices and Appliances investigate as OSHA deems necessary; determination of the Chairman of May 46086 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

14, 1998, these sessions will be closed NATIONAL FOUNDATION ON THE Dated: August 24, 1998. to the public pursuant to subsection ARTS AND THE HUMANITIES Kathy Plowitz-Worden, (c)(4), (6) and (9)(B) of section 552b of Panel Coordinator, Panel Operations, Title 5, United States Code. National Endowment for the Arts; National Endowment for the Arts. Combined Arts Advisory Panel Further information with reference to [FR Doc. 98–23128 Filed 8–27–98; 8:45 am] this meeting can be obtained from Ms. BILLING CODE 7537±01±M Pursuant to Section 10(a)(2) of the Kathy Plowitz-Worden, Panel Federal Advisory Committee Act (Pub. Coordinator, National Endowment for L. 92–463), as amended, notice is hereby NATIONAL FOUNDATION ON THE the Arts, Washington, DC 20506, or call given that a meeting of the Combined ARTS AND THE HUMANITIES (202) 682–5691. Arts Advisory Panel, Museum/Visual Dated: August 24, 1998. Arts Section (Planning & Stabilization National Endowment for the Arts; Kathy Plowitz-Worden, category) to the National Council on the Combined Arts Advisory Panel Arts will be held on September 23–24, Panel Coordinator, National Endowment for Pursuant to Section 10(a)(2) of the 1998. The panel will meet from 9:00 the Arts. Federal Advisory Committee Act (Pub. a.m. to 6:00 p.m. on September 23 and [FR Doc. 98–23126 Filed 8–27–98; 8:45 am] L. 92–463), as amended, notice is hereby from 9:00 a.m. to 5:00 p.m. on BILLING CODE 7537±01±M given that a meeting of the Combined September 24, in Room 716 at the Arts Advisory Panel, Music/Opera Nancy Hanks Center, 1100 Pennsylvania Section (Planning & Stabilization NATIONAL FOUNDATION ON THE Avenue, NW, Washington, DC 20506. A category) to the National Council on the ARTS AND THE HUMANITIES portion of this meeting, from 1:00 p.m. Arts will be held on September 22–24, to 2:30 p.m. on September 24, will be 1998. The panel will meet from 9:00 National Endowment for the Arts; open to the public for a policy a.m. to 6:00 p.m. on September 22, from Combined Arts Panel discussion on field issues and needs, 9:00 a.m. to 5:00 p.m. on September 23, Leadership Initiatives, Millennium and from 9:00 a.m. to 12:00 noon on Pursuant to Section 10(a)(2) of the projects, and guidelines. September 24 in Room 714 at the Nancy Federal Advisory Committee Act (Pub. The remaining portions of this Hanks Center, 1100 Pennsylvania L. 92–463), as amended, notice is hereby meeting, from 9:00 a.m. to 6:00 p.m. on Avenue, NW, Washington, DC, 20506. A given that a meeting of the Combined September 23, and from 9:00 a.m. to portion of this meeting, from 4:00 p.m. Arts Advisory Panel, Dance (B) Section 1:00 p.m. and 2:30 p.m. to 5:00 p.m. on to 5:00 p.m. on September 23, will be (Planning & Stabilization category) to September 24, are for the purpose of open to the public for a policy the National Council on the Arts will Panel review, discussion, evaluation, discussion on field issues and needs, meet on September 16, 1998. The panel and recommendation on applications Leadership Initiatives, Millennium will meet from 5:45 p.m. to 6:15 p.m. in for financial assistance under the projects, and guidelines. Room 716 at the Nancy Hanks Center, National Foundation on the Arts and the The remaining portions of this 1100 Pennsylvania Avenue, NW, Humanities Act of 1965, as amended, meeting, from 9:00 a.m. to 6:00 p.m. on Washington, DC 20506. including information given in September 22, from 9:00 a.m. to 4:00 This meeting is for the purpose of confidence to the agency by grant p.m. on September 23, and from 9:00 Panel review, discussion, evaluation, applicants. In accordance with the a.m. to 12:00 noon on September 24, are and recommendation on applications determination of the Chairman of May for the purpose of Panel review, discussion, evaluation, and for financial assistance under the 14, 1998, these sessions will be closed recommendation on applications for National Foundation on the Arts and the to the public pursuant to subsection financial assistance under the National Humanities Act of 1965, as amended, (c)(4), (6) and (9)(B) of section 552b of Title 5, United States Code. Foundation on the Arts and the including information given in Humanities Act of 1965, as amended, Any person may observe meetings, or confidence to the agency by grant including information given in portions thereof, of advisory panels applicants. In accordance with the confidence to the agency by grant which are open to the public, and, if determination of the Chairman of May applicants. In accordance with the time allows, may be permitted to 14, 1998, these sessions will be closed determination of the Chairman of May to the public pursuant to subsection participate in the panel’s discussions at 14, 1998, these sessions will be closed (c)(4),(6) and (9)(B) of section 552b of the discretion of the panel chairman and to the public pursuant to subsection Title 5, United States Code. with the approval of the full-time (c)(4), (6) and (9)(B) of section 552b of Federal employee in attendance. Further information with reference to Title 5, United States Code. this meeting can be obtained from Ms. If you need special accommodations Any person may observe meetings, or Kathy Plowitz-Worden, Panel due to a disability, please contact the portions thereof, of advisory panels Coordinator, National Endowment for Office of AccessAbility, National which are open to the public, and, if the Arts, Washington, DC 20506, or call Endowment for the Arts, 1100 time allows, may be permitted to (202) 682–5691. Pennsylvania Avenue, N.W., participate in the panel’s discussions at Washington, DC 20506, 202/682–5532, the discretion of the panel chairman and Dated: August 24, 1998. TDY–TDD 202/682–5496, at least seven with the approval of the full-time Kathy Plowitz-Worden, (7) days prior to the meeting. Federal employee in attendance. Panel Coordinator, National Endowment for Further information with reference to If you need special accommodations the Arts. this meeting can be obtained from Ms. due to a disability, please contact the [FR Doc. 98–23127 Filed 8–27–98; 8:45 am] Kathy Plowitz-Worden, Office of Office of AccessAbility, National BILLING CODE 7537±01±M Guidelines & Panel Operations, National Endowment for the Arts, 1100 Endowment for the Arts, Washington, Pennsylvania Avenue, NW, Washington, DC 20506, or call 202/682–5691. DC 20506, 202/682–5532, TDY–TDD Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46087

202/682–5496, at least seven (7) days collection of information unless it termination for 20 plans, (2) distribute prior to the meeting. displays a currently valid OMB control election notices to participants in 15 Further information with reference to number. OMB has approved and issued plans, and (3) submit requests to pay this meeting can be obtained from Ms. control numbers for the collections of benefits or benefit forms not otherwise Kathy Plowitz-Worden, Office of information, described below, in the permitted for 1 plan. The estimated Guidelines & Panel Operations, National PBGC’s regulations relating to annual burden of the collection of Endowment for the Arts, Washington, multiemployer plans. (The regulations information is 48.1 hours and $13,481. DC, 20506, or call 202/682–5691. may be accessed on the PBGC’s web site at http://www.pbgc.gov.) The PBGC is 2. Extension of Special Withdrawal Dated: August 24, 1998. Liability Rules (29 CFR Part 4203) Kathy Plowitz-Worden, requesting that OMB extend its approval of these collections of information for (OMB Control Number 1212–0023) Panel Coordinator, Panel Operations, three years. Comments should identify National Endowment for the Arts. Sections 4203(f) and 4208(e)(3) of the specific part number(s) of the ERISA allow the PBGC to permit a [FR Doc. 98–23129 Filed 8–27–98; 8:45 am] regulation(s) they relate to. BILLING CODE 7537±01±M multiemployer plan to adopt special The collections of information for rules for determining whether a which the PBGC is requesting extension withdrawal from the plan has occurred, of OMB approval are as follows: PENSION BENEFIT GUARANTY subject to PBGC approval. CORPORATION 1. Termination of Multiemployer Plans The regulation specifies the (29 CFR Part 4041A) (OMB Control information that a plan that adopts Submission of Information Collections Number 1212–0020) special rules must submit to the PBGC for OMB Review; Comment Request; Section 4041A(f)(2) of ERISA about the rules, the plan, and the Multiemployer Plan Regulations authorizes the PBGC to prescribe industry in which the plan operates. The PBGC uses the information to AGENCY: reporting requirements for and other Pension Benefit Guaranty determine whether the rules are Corporation. ‘‘rules and standards for the administration of’’ terminated appropriate for the industry in which ACTION: Notice of request for extension multiemployer plans. Section 4041A(c) the plan functions and do not pose a of OMB approval. and (f)(1) of ERISA prohibit the payment significant risk to the insurance system. SUMMARY: The Pension Benefit Guaranty by a mass-withdrawal-terminated plan The PBGC estimates that at most 1 Corporation (PBGC) is requesting that of lump sums greater than $1,750 or of plan sponsor submits a request each the Office of Management and Budget nonvested plan benefits unless year under this regulation. The (OMB) extend approval, under the authorized by the PBGC. estimated annual burden of the Paperwork Reduction Act, of collections The regulation requires the plan collection of information is 1 hour and of information in the PBGC’s regulations sponsor of a terminated plan to submit $2,400. a notice of termination to the PBGC. It on multiemployer plans under the 3. Variances for Sale of Assets (29 CFR Employee Retirement Income Security also requires the plan sponsor of a mass- withdrawal-terminated plan that is Part 4204) (OMB Control Number 1212– Act of 1974 (ERISA). This notice 0021) informs the public of the PBGC’s request closing out to give notices to and solicits public comment on the participants regarding the election of If an employer’s covered operations or collections of information. alternative forms of benefit distribution contribution obligation under a plan DATES: Comments must be submitted by and to obtain PBGC approval to pay ceases, the employer must generally pay September 28, 1998. lump sums greater than $1,750 or to pay withdrawal liability to the plan. Section nonvested plan benefits. ADDRESSES: 4204 of ERISA provides an exception, Comments should be The PBGC uses the information in a mailed to the Office of Information and under certain conditions, where the notice of termination to assess the cessation results from a sale of assets. Regulatory Affairs of the Office of likelihood that PBGC financial Management and Budget, Attention: Among other things, the buyer must assistance will be needed. Plan furnish a bond or escrow, and the sale Desk Officer for Pension Benefit participants and beneficiaries use the Guaranty Corporation, Washington, DC contract must provide for secondary information on alternative forms of liability of the seller. 20503. Copies of the request for benefit to make personal financial extension (including the collections of decisions. The PBGC uses the The regulation establishes general information) are available from the information in an application for variances (rules for avoiding the bond/ Communications and Public Affairs approval to pay lump sums greater than escrow and sale-contract requirements) Department, suite 240, 1200 K Street, $1,750 or to pay nonvested plan benefits and authorizes plans to determine NW., Washington, DC 20005–4026, to determine whether such payments whether the variances apply in between 9 a.m. and 4 p.m. on business should be permitted. particular cases. It also allows buyers days. This collection of information is being and sellers to request individual FOR FURTHER INFORMATION CONTACT: revised to include certain items that variances from the PBGC. Plans and the Deborah C. Murphy, Attorney, Office of were previously covered under OMB PBGC use the information to determine the General Counsel, Pension Benefit control number 1212–0032 (because whether employers qualify for Guaranty Corporation, 1200 K Street, they were in a different part of the variances. NW., Washington, DC 20005–4026, 202– PBGC’s regulations) but that were The PBGC estimates that each year, 11 326–4024. (For TTY/TDD users, call the moved into Part 4041A when the PBGC employers submit, and 11 plans respond Federal relay service toll-free at 1–800– reorganized its regulations in 1996. As to, variance requests under the 877–8339 and ask to be connected to revised, control number 1212–0020 will regulation, and 2 employers submit 202–326–4024.) cover all collection of information variance requests to the PBGC. The SUPPLEMENTARY INFORMATION: An agency requirements in Part 4041A. estimated annual burden of the may not conduct or sponsor, and a The PBGC estimates that plan collection of information is 1 hour and person is not required to respond to, a sponsors each year (1) submit notices of $2,663. 46088 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

4. Reduction or Waiver of Complete The PBGC estimates that each year, PBGC that assessments have been made. Withdrawal Liability (29 CFR Part 1,000 employers submit, and 1,000 (For a mass withdrawal, there are 2 4207) (OMB Control Number 1212– plans respond to, applications for assessments and 2 certifications that 0044) abatement of partial withdrawal liability deal with 2 different types of liability. Section 4207 of ERISA allows the and 1 plan sponsor requests approval of For a substantial withdrawal, there is 1 PBGC to provide for abatement of an plan abatement rules from the PBGC. assessment and 1 certification employer’s complete withdrawal The estimated annual burden of the (combined with the withdrawal notice collection of information is 250.5 hours liability, and for plan adoption of to the PBGC).) The estimated annual and $150,000. alternative abatement rules, where burden of the collection of information appropriate. 6. Allocating Unfunded Vested Benefits is 4 hours and $3,939. Under the regulation, an employer to Withdrawing Employers (29 CFR 8. Procedures for PBGC Approval of applies to a plan for an abatement Part 4211) (OMB Control Number 1212– Plan Amendments (29 CFR Part 4220) determination, providing information 0035) (OMB Control Number 1212–0031) the plan needs to determine whether Section 4211(c)(5)(A) of ERISA Under section 4220 of ERISA, a plan withdrawal liability should be abated, requires the PBGC to prescribe how may within certain limits adopt special and the plan notifies the employer of its plans can, with PBGC approval, change plan rules regarding when a withdrawal determination. The employer may, the way they allocate unfunded vested from the plan occurs and how the pending plan action, furnish a bond or benefits to withdrawing employers for withdrawing employer’s withdrawal escrow instead of making withdrawal purposes of calculating withdrawal liability is determined. Any such special liability payments, and must notify the liability. rule is effective only if, within 90 days plan if it does so. When the plan then The regulation prescribes the after receiving notice and a copy of the makes its determination, it must so information that must be submitted to rule, the PBGC either approves or fails notify the bonding or escrow agent. the PBGC by a plan seeking such to disapprove the rule. The regulation also permits plans to approval. The PBGC uses the The regulation provides rules for adopt their own abatement rules and information to determine how the requesting the PBGC’s approval of an request PBGC approval. The PBGC uses amendment changes the way the plan amendment. The PBGC needs the the information in such a request to allocates unfunded vested benefits and required information to identify the determine whether the amendment how it will affect the risk of loss to plan plan, evaluate the risk of loss, if any, should be approved. participants and the PBGC. posed by the plan amendment, and The PBGC estimates that each year, The PBGC estimates that 5 plan determine whether to approve or 100 employers submit, and 100 plans sponsors submit approval requests each disapprove the amendment. respond to, applications for abatement year under this regulation. The The PBGC estimates that 3 plan of complete withdrawal liability, and 1 estimated annual burden of the sponsors submit approval requests per plan sponsor requests approval of plan collection of information is 10 hours. year under this regulation. The abatement rules from the PBGC. The 7. Notice, Collection, and estimated annual burden of the estimated annual burden of the collection of information is 1.5 hours. collection of information is 25.5 hours Redetermination of Withdrawal and $15,000. Liability (29 CFR Part 4219) (OMB 9. Mergers and Transfers Between Control Number 1212–0034) Multiemployer Plans (29 CFR Part 5. Reduction or Waiver of Partial Section 4219(c)(1)(D) of ERISA 4231) (OMB Control Number 1212– Withdrawal Liability (29 CFR Part requires that the PBGC prescribe 0022) 4208) (OMB Control Number 1212– regulations for the allocation of a plan’s 0039) Section 4231 (a) and (b) of ERISA total unfunded vested benefits in the requires plans that are involved in a Section 4208 of ERISA provides for event of a ‘‘mass withdrawal.’’ ERISA merger or transfer to give the PBGC 120 abatement, in certain circumstances, of section 4209(c) deals with an days’ notice of the transaction and an employer’s partial withdrawal employer’s liability for de minimis provides that if the PBGC determines liability and authorizes the PBGC to amounts if the employer withdraws in that specified requirements are satisfied, issue additional partial withdrawal a ‘‘substantial withdrawal.’’ the transaction will be deemed not to be liability abatement rules. The reporting requirements in the in violation of ERISA section 406 (a) or Under the regulation, an employer regulation give employers notice of a (b)(2) (dealing with prohibited applies to a plan for an abatement mass withdrawal or substantial transactions). determination, providing information withdrawal and advise them of their This regulation sets forth the the plan needs to determine whether rights and liabilities. They also provide procedures for giving notice of a merger withdrawal liability should be abated, notice to the PBGC so that it can or transfer under section 4231 and for and the plan notifies the employer of its monitor the plan, and they help the requesting a determination that a determination. The employer may, PBGC assess the possible impact of a transaction complies with section 4231. pending plan action, furnish a bond or withdrawal event on participants and The PBGC uses information submitted escrow instead of making withdrawal the multiemployer plan insurance by plan sponsors under the regulation to liability payments, and must notify the program. determine whether mergers and plan if it does so. When the plan then The PBGC estimates that there is at transfers conform to the requirements of makes its determination, it must so most 1 mass withdrawal and 1 ERISA section 4231 and the regulation. notify the bonding or escrow agent. substantial withdrawal per year. The The PBGC estimates that there are 20 The regulation also permits plans to plan sponsor of a plan subject to a transactions each year for which plan adopt their own abatement rules and withdrawal covered by the regulation sponsors submit notices and approval request PBGC approval. The PBGC uses provides notices of the withdrawal to requests under this regulation. The the information in such a request to the PBGC and to employers covered by estimated annual burden of the determine whether the amendment the plan, liability assessments to the collection of information is 5 hours and should be approved. employers, and a certification to the $2,500. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46089

10. Notice of Insolvency (29 CFR Part estimate the cash needed for financial (8) Total annual responses: 172. 4245) (OMB Control Number 1212– assistance to terminated plans, and to (9) Total annual reporting hours: 158. 0033) verify the appropriateness of financial assistance payments. Plan participants (10) Collection description: The If the plan sponsor of a plan in Railroad Retirement Solvency Act of reorganization under ERISA section and beneficiaries use the information to make personal financial decisions. 1983 added Section 1(h)(8) to the 4241 determines that the plan may Railroad Retirement Act expanding the become insolvent, ERISA section This collection of information is being revised to exclude certain items that definition of compensation for purposes 4245(e) requires the plan sponsor to give of computing the Tier 1 portion of an a ‘‘notice of insolvency’’ to the PBGC, were previously covered under OMB Control Number 1212–0032 but that annuity to include sickness payments contributing employers, and plan and certain payments other than sick participants and their unions in were moved into Part 4041A when the PBGC reorganized its regulations in pay which are considered compensation accordance with PBGC rules. within the meaning of Section 1(h)(8). For each insolvency year under 1996. As revised, control number 1212– 0032 will cover only collection of The collection obtains the sick pay and ERISA section 4245(b)(4), ERISA section other types of payments considered 4245(e) also requires the plan sponsor to information requirements in Part 4281. The PBGC estimates that plan compensation within the meaning of give a ‘‘notice of insolvency benefit Section 1(h)(8). level’’ to the same parties. sponsors each year give benefit This regulation establishes the reduction notices for 1 plan and give ADDITIONAL INFORMATION OR COMMENTS: procedure for giving these notices. The notices of insolvency benefit level and Copies of the form and supporting PBGC uses the information submitted to annual updates, and submit requests for documents can be obtained from Chuck estimate cash needs for financial financial assistance, for 23 plans. Of Mierzwa, the agency clearance officer assistance to troubled plans. Employers those 23 plans, the PBGC estimates that (312–751–3363). Comments regarding and unions use the information to plan sponsors each year give notices of the information collection should be decide whether additional plan insolvency for 2 plans. The estimated addressed to Ronald J. Hodapp, Railroad contributions will be made to avoid the annual burden of the collection of Retirement Board, 844 North Rush insolvency and consequent benefit information is 1 hour and $82,788. Street, Chicago, Illinois 60611–2092 and suspensions. Plan participants and Issued in Washington, DC, this 24th day of the OMB reviewer, Laura Oliven (202– beneficiaries use the information in August, 1998. 395–7316) Office of Management and personal financial decisions. Stuart A. Sirkin, Budget, Room 10230, New Executive The PBGC estimates that 8 plan Director, Corporate Policy and Research Office Building, Washington, D.C. sponsors give notices each year under Department, Pension Benefit Guaranty 20503. this regulation. The estimated annual Corporation. Chuck Mierzwa, burden of the collection of information [FR Doc. 98–23232 Filed 8–27–98; 8:45 am] Clearance Officer. is 1 hour and $10,875. BILLING CODE 7708±01±P [FR Doc. 98–23125 Filed 8–27–98; 8:45 am] 11. Duties of Plan Sponsor Following BILLING CODE 7905±01±M Mass Withdrawal (29 CFR Part 4281) (OMB Control Number 1212–0032) RAILROAD RETIREMENT BOARD RAILROAD RETIREMENT BOARD Section 4281 of ERISA provides rules Agency Forms Submitted for OMB for plans that have terminated by mass Review Sunshine Act Meeting withdrawal. Under section 4281, if nonforfeitable benefits exceed plan SUMMARY: In accordance with the The meeting of the Railroad assets, the plan sponsor must amend the Paperwork Reduction Act of 1995 (44 Retirement Board which was to be held plan to reduce benefits. If the plan U.S.C. Chapter 35), the Railroad on August 26, 1998, 9:00 a.m., at the nevertheless becomes insolvent, the Retirement Board (RRB) has submitted Board’s meeting room on the 8th floor plan sponsor must suspend certain the following proposal(s) for the of its headquarters building, 844 North benefits that cannot be paid. If available collection of information to the Office of Rush Street, Chicago, Illinois 60611, has resources are inadequate to pay Management and Budget for review and been rescheduled to September 22, guaranteed benefits, the plan sponsor approval. 1998, at 9:00 a.m. The agenda for this must request financial assistance from SUMMARY OF PROPOSAL(S): meeting was published at 63 FR 44479 the PBGC. (1) Collection title: Sick Pay and on August 19, 1998. The regulation requires a plan Miscellaneous Payments Report. The entire meeting will be open to the sponsor to give notices of benefit (2) Form(s) submitted: BA–10. public. The person to contact for more reduction, notices of insolvency and (3) OMB Number: 3220–0175. information is Beatrice Ezerski, annual updates, and notices of (4) Expiration date of current OMB Secretary to the Board, Phone No. 312– insolvency benefit level to the PBGC clearance: 12/31/1998. 751–4920. and to participants and beneficiaries (5) Type of request: Extension of a and, if necessary, to apply to the PBGC currently approved collection. Dated: August 25, 1998. for financial assistance. (6) Respondents: Business or other for Beatrice Ezerski, The PBGC uses the information it profit. Secretary to the Board. receives to make determinations (7) Estimated annual number of [FR Doc. 98–23286 Filed 8–26–98; 10:54 am] required by ERISA, to identify and respondents: 172. BILLING CODE 7905±01±M 46090 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

SECURITIES AND EXCHANGE (‘‘Guidelines’’) which revises the Code MALE AND FEMALE REQUIREMENTS COMMISSION of Personal Appearance contained Footwear should be confined to those therein. The Guidelines are a ‘‘stated [Release No. 34±40310A; File No. SR± that are comfortably heeled and NASD±98±14] policy, practice or interpretation’’ considered safe, in view of the heavy concerned with the administration of traffic on the Trading Floor. Shoes Self-Regulatory Organizations; Notice Exchange Rule 35. The text of the should also be of appropriate styles. of Filing of Proposed Rule Change by proposed rule change is set out below. OPEN TOE OR OPEN BACK SANDALS, the National Association of Securities Additions are italicized. Deletions are FLIP FLOPS, [DR. SCHOLL’S, Dealers, Inc. (``NASD'' or bracketed. BEDROOM SLIPPERS,] CASUAL ``Association'') Concerning Sales FLOOR CONDUCT AND SAFETY BEACH OR BOAT SHOES, HIGH TOP Charges and Prospectus Disclosure GUIDELINES SNEAKERS and other extreme styles are for Mutual Funds and Variable NOT PERMITTED. Shoes must be worn Contracts * * * * * at all times on the Floor, including in Code of Personal Appearance— the booth or behind the post. August 24, 1998. Members and employees of members [Proper] Appropriate hosiery, i.e., Correction and member organizations must socks for men and socks or stockings conform to the revised Trading Floor [for women] of appropriate length for In FR Document No. 98–21957, Code of Personal Appearance. All women, [ARE] IS TO BE WORN AT ALL beginning on page 43974 for Monday, garments must be reasonably pressed TIMES. August 17, 1998, the caption should be and not wrinkled. Summer Attire: The standards of dress as set forth above. outlined above will apply throughout MALE PERSONNEL For the Commission, by the Division the year. If conditions warrant, the of Market Regulation, pursuant to All male personnel are expected to Market Performance Committee may 1 delegated authority. wear suitable attire as follows: A Dress waive certain of the requirements for a Margaret H. McFarland, Shirt, buttoned at the collar, with a specified period of time. Deputy Secretary. dress tie knotted at the customary place, Grooming: Beards, Mustaches, and [FR Doc. 98–23238 Filed 8–27–98; 8:45 am] i.e., snug to the collar; Full Length Dress Sideburns should be neatly trimmed. BILLING CODE 8010±01±M Trousers or slacks, JEANS OR OTHER Hair should be neatly maintained. SPORT SLACKS [OF ANY TYPE] ARE * * * * * NOT PERMITTED; a jacket with long Runners: [must be properly attired. SECURITIES AND EXCHANGE sleeves. (An acceptable jacket shall Tie and acceptable jackets are required. COMMISSION include a suit, [or] sport coat, blazer or Failure to adhere to these provisions [Release No. 34±40344; File No. SR±NYSE± SOLID COLOR office jacket[)]. Any back will result in the following penalties.] 98±24] or side panels or mesh back must be of May not wear hats (unless required for same color as jacket or black). religious reasons). No headphones, Self-Regulatory Organizations; Notice jeans or other sport slacks are FEMALE PERSONNEL of Filing and Immediate Effectiveness permitted. An acceptable work jacket is of Proposed Rule Change by the New All female personnel are expected to required. A tie is not required. York Stock Exchange, Inc. Relating to wear suitable attire as follows: * * * * * Revisions to the Floor Conduct and Skirts and Dresses should be worn at Safety Guidelines appropriate business lengths. No tube II. Self-Regulatory Organization’s skirts, micro-mini[‘]s, see-through or Statement of the Purpose of, and August 19, 1998. other extremely revealing styles. Statutory Basis for, the Proposed Rule Pursuant to Section 19(b)(1) of the Change Blouses, Shirts, Sweaters and Tops Securities Exchange Act of 1934 should be of appropriate style and shall In its filing with the Commission, the (‘‘Act’’)1 and Rule 19b–4 thereunder,2 exclude informal wear such as tank NYSE included statements concerning notice is hereby given that on August 5, tops, tube tops, midriffs, backless the purpose of, and basis for, the 1998, the New York Stock Exchange, halters, see-[thru]through sweatshirts proposed rule change and discussed any Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with and [t]T-shirts. Leotards, plunging comments it received on the proposed the Securities and Exchange necklines and off-the-shoulder styles are rule change. The text of these statements Commission (‘‘Commission’’) the also unacceptable. may be examined at the places specified proposed rule change as described in Pants & Slacks should be Full Length in Item IV below. The NYSE has Items I, II, and III below, which Items prepared summaries, set forth in have been prepared by the Exchange. Dress Slacks. [Casual pants are UNACCEPTABLE, including] JEANS, sections A, B, and C below, of the most The Commission is publishing this significant aspects of such statements. notice to solicit comments on the LEGGINGS OR OTHER SPORT SLACKS proposed rule change from interested ARE NOT PERMITTED. [OF ANY TYPE, A. Self-Regulatory Organization’s persons. COLOR OR FABRIC. Also excluded are Statement of the Purpose of, and leather pants, chinos, leggings, knit Statutory Basis for, the Proposed Rule I. Self-Regulatory Organization’s sweat pants, mid-calf pants and shorts. Change Statement of the Terms of Substance of WHEN SLACKS ARE WORN, AN the Proposed Rule Change ACCEPTABLE OFFICE JACKET MUST 1. Purpose The proposed rule change consists of ALSO BE WORN.] When slacks are The purpose of the Guidelines is to an amendment to the Exchange’s Floor worn, a jacket with long sleeves must be ensure that the behavior and practices of Conduct and Safety Guidelines worn. (An acceptable jacket shall individuals on the Floor of the include a suit, sport coat, blazer or solid Exchange contribute to the efficient, 1 17 CFR 200.30–3(a)(12). color office jacket. Any back or side undisrupted conduct of business on the 1 15 U.S.C. 78s(b)(1). panels or mesh back must be of same Floor and do not jeopardize the safety 2 17 CFR 240.19b–4. color as jacket or black.) and welfare of others. Included in the Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46091

Guidelines is a Code of Personal investors, or otherwise in furtherance of Office of Information and Regulatory Appearance (the ‘‘Code’’) which was the purposes of the Act. Affairs, Office of Management and last revised in 1990, along with other IV. Solicitation of Comments Budget (OMB). The matching program parts of the Guidelines.3 will be effective as indicated below. The Exchange is proposing to revise Interested persons are invited to the Code. The revisions to the Code do submit written data, views and ADDRESSES: Interested parties may not affect the existing structure of fines, arguments concerning the foregoing, comment on this notice by either telefax penalties and disciplinary actions including whether the proposed rule to (410) 966–2935 or by writing to the contained in the Guidelines. change is consistent with the Act. Associate Commissioner for Program Furthermore, these revisions do not Persons making written submissions Support, 4400 West High Rise Building, affect the rights of members, Floor should file six copies thereof with the 6401 Security Boulevard, Baltimore, MD clerical employees of members, and Secretary, Securities and Exchange 21235. All comments received will be member organizations to appeal, Commission, 450 Fifth Street, N.W., available for public inspection at this pursuant to existing Exchange rules and Washington, D.C. 20549. Copies of the address. submission, all subsequent procedures, any penalties that are FOR FURTHER INFORMATION CONTACT: The amendments, all written statements imposed. Associate Commissioner for Program with respect to the proposed rule Support at the above address. 2. Statutory Basis change that are filed with the The Exchange believes the proposed Commission, and all written SUPPLEMENTARY INFORMATION: rule change is consistent with the communications relating to the requirements of Section 6(b)(5)4 of the proposed rule change between the A. General Act which requires that the rules of the Commission and any person, other than The Computer Matching and Privacy exchange be designed to facilitate those that may be withheld from the Protection Act of 1988 (Public Law transactions in securities and remove public in accordance with the (Pub. L.) 100–503), amended the Privacy impediments to and perfect the provisions of 5 U.S.C. 552, will be Act (5 U.S.C. 552a) by establishing the mechanism of a free and open market. available for inspection and copying in conditions under which computer The revisions to the Code comply with the Commission’s Public Reference matching involving the Federal the Act by promoting the efficient, Room. Copies of such filing will also be Government could be performed and undisrupted conduct of business on the available for inspection and copying at adding certain protections for Trading Floor. the principal office of the Exchange. All individuals applying for and receiving B. Self-Regulatory Organization’s submissions should refer to the File No. Federal benefits. Section 7201 of the Statement on Burden on Competition SR–NYSE–98–24 and should be Omnibus Budget Reconciliation Act of submitted by September 18, 1998. The Exchange does not believe that 1990 (Pub. L. 101–508) further amended the proposed rule change will impose For the Commission, by the Division of the Privacy Act regarding protections for any burden on competition that is not Market Regulation, pursuant to delegated such individuals. authority.7 necessary or appropriate in furtherance The Privacy Act, as amended, Margaret H. McFarland, of the purposes of the Act. regulates the use of computer matching Deputy Secretary. C. Self-Regulatory Organization’s by Federal agencies when records in a [FR Doc. 98–23239 Filed 8–27–98; 8:45 am] system of records are matched with Statement on Comments on the BILLING CODE 8010±01±M Proposed Rule Change Received From other Federal, State, or local government Members, Participants, or Others records. Among other things, it requires Federal agencies involved in computer Written comments were neither SOCIAL SECURITY ADMINISTRATION matching programs to: solicited nor received with respect to the proposed rule change. Privacy Act of 1974, as Amended; (1) Negotiate written agreements with Computer Matching Program (SSA/ the other agency or agencies III. Date of Effectiveness of the Department of Health and Human participating in the matching programs; Proposed Rule Change and Timing for Services, Administration for Children (2) Obtain the approval of the match Commission Action and Families (ACF))ÐSSA Match agreements by the Data Integrity Boards The proposed rule change will Number 1074 of the participating Federal Agencies; become effective upon filing pursuant to (3) Furnish detailed reports about Section 19(b)(3)(A)(i) of the Act,5 and AGENCY: Social Security Administration matching programs to Congress and Rule 19b–4(e)(1) 6 thereunder, in that it (SSA). OMB; is designated by the Exchange as ACTION: Notice of Computer Matching constituting a ‘‘stated policy, practice, Program. (4) Notify applicants and beneficiaries that their records are subject to or interpretation’’ concerned with the SUMMARY: In accordance with the matching; and administration of Exchange Rule 35. At provisions of the Privacy Act, as any time within 60 days of the filing of amended, this notice announces a (5) Verify match findings before such rule change, the Commission may computer matching program that SSA reducing, suspending, terminating, or summarily abrogate such rule change if plans to conduct with ACF. denying an individual’s benefits or it appears to the Commission that such DATES: SSA will file a report of the payments. action is necessary or appropriate in the subject matching program with the public interest, for the protection of B. SSA Computer Matches Subject to Committee on Governmental Affairs of the Privacy Act the Senate; the Committee on 3 Securities Exchange Act Rel. No. 28365 (August 23, 1990), 55 FR 35490 (August 30, 1990). Government Reform and Oversight of We have taken action to ensure that 4 15 U.S.C. 78f(b)(5). the House of Representatives; and the all of SSA’s computer matching 5 15 U.S.C. 78s(b)(3)(A)(i). programs comply with the requirements 6 17 CFR 240.19b–4(e)(1). 7 17 CFR 200.30–3(a)(12). of the Privacy Act, as amended. 46092 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Dated: August 21, 1998. representatives of both parties to the by Federal agencies when records in a Kenneth S. Apfel, agreement, whichever is latest. The system of records are matched with Commissioner of Social Security. agreement may be renewed at the end of other Federal, State, or local government Notice of Computer Matching 18 months, for a period of time not to records. Among other things, it requires Program, Social Security Administration exceed 12 months, if certain conditions Federal agencies involved in computer (SSA) with the Department of Health are met. matching programs to: and Human Services, Administration for [FR Doc. 98–23136 Filed 8–27–98; 8:45 am] (1) Negotiate written agreements with Children and Families (ACF) BILLING CODE 4190±29±P the other agency or agencies A. Participating Agencies participating in the matching programs; SSA and ACF. (2) Obtain the approval of the SOCIAL SECURITY ADMINISTRATION matching agreement by the Data B. Purpose of the Matching Program Integrity Boards (DIB) of the Privacy Act of 1974; As Amended; participating Federal Agencies; The purpose of this matching program Computer Matching Program (SSA/ is to establish the conditions, Internal Revenue Service (IRS))ÐSSA (3) Furnish detailed reports about safeguards, and procedures for the Match 1016 matching programs to Congress and disclosure to SSA by ACF of wage, new OMB; hire, and unemployment compensation AGENCY: Social Security Administration (4) Notify applicants and beneficiaries data. ACF will disclose the data through (SSA). that their records are subject to a computer matching operation for ACTION: Notice of Computer Matching matching; and SSA’s use in establishing or verifying Program. eligibility and payment amounts of (5) Verify match findings before individuals under the supplemental SUMMARY: In accordance with the reducing, suspending, terminating or security income (SSI) program provisions of the Privacy Act, as denying an individual’s benefits or provisions of title XVI of the Social amended, this notice announces a payments. Security Act. Eligibility requirements of computer matching program that SSA B. SSA Computer Matches Subject to the SSI program allow payments only to plans to conduct. the Privacy Act aged, blind, and disabled recipients DATES: SSA will file a report of the with income and resources below levels subject matching program with the We have taken action to ensure that established by law and regulations. Committee on Governmental Affairs of all of SSA’s computer matching the Senate, the Committee on programs comply with the requirements C. Authority for Conducting the of the Privacy Act, as amended. Matching Program Government Reform and Oversight of the House of Representatives and the Dated: August 21, 1998. This matching operation is carried out Office of Information and Regulatory Kenneth S. Apfel, under the authority of sections 453(j)(4) Affairs, Office of Management and Commissioner of Social Security. and 1631(e)(1)(B) of the Social Security Budget (OMB). The matching program Act (42 U.S.C. 653(j)(4) and will be effective as indicated below. Notice of Computer Matching Program, 1383(e)(1)(B)). ADDRESSES: Interested parties may Social Security Administration (SSA) D. Categories of Records and comment on this notice by either telefax with the Internal Revenue Service (IRS) Individuals Covered by the Match to (410) 965–1722 or writing to the A. Participating Agencies SSA will compare the ACF records Associate Commissioner for Program SSA and IRS. with individual identification data on Support, 4400 West High Rise Building, SSI applicants and recipients extracted 6401 Security Boulevard, Baltimore, MD B. Purpose of the Matching Program from SSA’s Supplemental Security 21235. All comments received will be Income Record (SSA/OSR, 09–60–0103). available for public inspection at this The purpose of this matching program The ACF records are wage, new hire, address. is to establish conditions under which and unemployment compensation data FOR FURTHER INFORMATION CONTACT: The IRS agrees to the disclosure to SSA of records in the National Directory of New Associate Commissioner for Program certain tax return information relating to Hires data base which is part of the Support at the above address. unearned income. SSA will use the Federal Parent Locator and Federal Tax SUPPLEMENTARY INFORMATION: match results to verify the eligibility for, Refund/Administrative Offset System and the correct amount of benefits A. General (DHHS/OCSE, 09–90–0074). SSA will payable to, individuals under the use information from this match to help The Computer Matching and Privacy supplemental security income (SSI) establish or verify eligibility and Protection Act of 1988 (Public Law program, which provides payments payment amounts under the SSI (P.L.) 100–503), amended the Privacy under title XVI of the Social Security program. Act (5 U.S.C. 552a) by establishing the Act (the Act) to aged, blind and disabled conditions under which computer recipients with income below levels E. Inclusive Dates of the Match matching involving the Federal established by law and regulations, and The agreement for this computer Government could be performed and federally-administered supplementary matching program shall become adding certain protections for payments under section 1616 of the Act effective no sooner than 40 days after individuals applying for and receiving including payments under section 212 submission of notice of the program to Federal benefits. Section 7201 of the of Public Law 93–66, 87 Stat. 152. Congress and to the Office of Omnibus Budget Reconciliation Act of C. Authority for Conducting the Management and Budget, or 30 days 1990 (P.L. 101–508) further amended Matching Program from the date SSA publishes notice of the Privacy Act regarding protections for the program in the Federal Register, or such individuals. Section 1631(e)(1)(B) of the Act and upon the signature of the matching The Privacy Act, as amended, section 6103(l)(7)(D)(iii) of the Internal agreement for the program by regulates the use of computer matching Revenue Code. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46093

D. Categories of Records and concluded that issuance of a DEPARTMENT OF STATE Individuals Covered by the Match Presidential Permit authorizing the IRS will provide SSA with an operation and maintenance of the [Public Notice: 2871] electronic file extracted from the Wage proposed pipeline will not have a and Information Returns Processing File significant effect on the human United States-Egypt Science and after SSA provides IRS with identifying environment within the United States. Technology Joint Board; Public information from SSA’s Supplemental In accordance with the National Announcement of a Science and Security Income Record (SSR). The Environmental Policy Act, 42 U.S.C. Technology Program for Competitive extracted file will contain certain tax 4321 et seq., Council on Environmental Grants to Support International, return information about unearned Quality Regulations, 40 C.F.R. 1501.4 Collaborative Projects in Science and income. Each record on the IRS file will and 1508.13 and Department of State Technology Between U.S. and be matched to the SSR, SSA/OSR 90– Regulations, 22 C.F.R. 161.8(c), an Egyptian Cooperators 60–0103, to identify individuals environmental impact statement will potentially subject to benefit reductions not be prepared. September 1, 1998. or termination of payment eligibility AGENCY: Department of State. under the statutory provisions cited FOR FURTHER INFORMATION ON THE above. PIPELINE PERMIT APPLICATION, CONTACT: ACTION: Notice. Daniel L. Martinez, Office of E. Inclusive Dates of the Match International Energy Policy, Room 3535, EFFECTIVE DATE: September 1, 1998. The matching program shall become U.S. Department of State, Washington, effective upon the signing of the D.C. 20520, (202) 647–4557. FOR FURTHER INFORMATION CONTACT: agreement by both parties to the FOR FURTHER INFORMATION ON THE Vickie Alexander, Program agreement and approval of the ENVIRONMENTAL ASSESSMENT, CONTACT: Administrator, U.S.-Egypt Science and agreement by the Data Integrity Boards Technology Grants Program, U.S. of the respective agencies, but no sooner Pam Pearson, Office of Ecology and Terrestrial Conservation, Room 4325, Embassy, Cairo/ECPO, Unit 64900, Box than 40 days after notice of this 6, APO AE 09839–4900; phone: 011– matching program is sent to Congress U.S. Department of State, Washington, D.C. 20520, (202) 647–1123. (20–2) 357–2925; fax: 011–(20–2) 354– and the Office of Management and 8091; E-mail: [email protected] Budget or 30 days after publication of SUPPLEMENTARY INFORMATION: Boise this notice in the Federal Register, Cascade Corporation, a Delaware SUPPLEMENTARY INFORMATION: whichever is later. The matching Corporation, has applied for a Authority: This program is established program will continue for 18 months Presidential Permit to authorize under 22 U.S.C. 2656d and the Agreement for Scientific and Technological Cooperation from the effective date and may be operation and maintenance of four extended for an additional 12 months between the Government of the United States existing pipelines used to convey water, thereafter, if certain conditions are met. of America and the Government of the Arab steam and filler materials across the Republic of Egypt. [FR Doc. 98–23137 Filed 8–27–98; 8:45 am] border with Canada at International BILLING CODE 4190±29±P Falls, Minnesota. The pipelines were A solicitation for this program will constructed in the 1915–40 period and begin September 1, 1998. This program have been in use since that time. There will provide modest grants for DEPARTMENT OF STATE will be no construction and no changes successfully competitive proposals for in the present use of the pipelines. binational collaborative projects and Bureau of Economic and Business other activities submitted by U.S. and Affairs On May 29, 1998, the Department of State published a Notice of Application Egyptian experts. Projects must help the [Public Notice 2875] for a Presidential Permit in the Federal United States and Egypt utilize science Register. No public comments were and apply technology by providing Finding of No Significant Impact: Boise received and concerned agencies opportunities to exchange ideas, Cascade Corporation Pipeline at expressed no opposition to issuing the information, skills, and techniques, and International Falls, Minnesota permit. The Department of State to collaborate on scientific and technological endeavors of mutual AGENCY: Department of State. prepared an environmental assessment for the Pipeline Permit. Based on that interest and benefit. Proposals which ACTION: Notice of a finding of no assessment, the Department of State has fully meet the submission requirements significant impact with regard to an as outlined in the Program application to operate and maintain a concluded that issuance of the permit Announcement will receive peer pipeline to transport water, steam and will not have a significant effect on the reviews. Proposals considered for filler material across the U.S.-Canada quality of the human environment funding in Fiscal Year 1999 must be border. within the United States. A finding of no significant impact is adopted, and an postmarked by December 1, 1998. All SUMMARY: The Department of State has environmental impact statement will proposals will be considered; however, conducted an environmental assessment not be prepared. special consideration will be given to proposals that address priority areas of the continued operation by Boise Dated: August 4, 1998. Cascade Corporation of four existing defined/approved by the Joint Board. pipelines across the international Stuart E. Eizenstat, These include priorities in the areas of boundary at International Falls, Under Secretary of State for Economic, environmental technologies, Minnesota. Based on the environmental Business and Agricultural Affairs. biotechnology, standards and metrology, assessment and after reviewing all [FR Doc. 98–23120 Filed 8–27–98; 8:45 am] and manufacturing technologies. More comments, the Department of State has BILLING CODE 4710±07±M information on these priorities and 46094 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices copies of the Program Announcement/ This determination shall become final a. The government of the harvesting Application may be obtained by request. fifteen days after the Secretaries of nation has provided documentary Brooke Holmes, Defense, Treasury, Interior, Commerce, evidence of the adoption of a regulatory Director, Office of Science and Technology Transportation, the Attorney General, program governing the incidental taking Cooperation, Bureau of Oceans and the Chairman of the Surface of such sea turtles in the course of such International Environmental and Scientific Transportation Board, and the Director harvesting that is comparable to that of Affairs and, Co-Chair, U.S.-Egypt S&T Joint of the Federal Emergency Management the United States; and Board. Agency have been notified of this b. The average rate of that incidental [FR Doc. 98–23124 Filed 8–27–98; 8:45 am] proposed determination, unless the taking by vessels of the harvesting BILLING CODE 4710±09±M matter must be referred to the President nation is comparable to the average rate for consideration and final decision of incidental taking of sea turtles by pursuant to section 1(f) of said United States vessels in the course of DEPARTMENT OF STATE Executive Order. such harvesting; or c. The particular fishing environment [Public Notice 2877] Dated: August 4, 1998. of the harvesting nation does not pose Stuart E. Eizenstat, a threat of the incidental taking of such Delegation of Authority No. 145±12 Under Secretary of State for Economic, sea turtles in the course of such Pursuant to section 1 of the State Business and Agricultural Affairs. harvesting. Department Basic Authorities Act (22 [FR Doc. 98–23119 Filed 8–27–98; 8:45 am] The President has delegated to the U.S.C. 2651a), as amended and BILLING CODE 4710±07±M Secretary of State the authority to make Executive Order No. 12938, as amended, certifications pursuant to Section 609 Section 1(a) of State Department (Memorandum of December 19, 1990; 56 DEPARTMENT OF STATE Delegation of Authority No. 145 of FR 357; January 4, 1991). The relevant species of sea turtles are: February 4, 1980, 45 F.R. 11655, as [Public Notice 2876] amended, is hereby further amended by loggerhead (Coretta caretta), Kemp’s ridley (Lepidochelys kempi), green adding a new subparagraph 12 as Revised Notice of Guidelines for (Chelonia mydas), leatherback follows: Determining Comparability of Foreign ((Dermochelys coriacea) and hawksbill ‘‘(12) The functions conferred on the Programs for the Protection of Sea Secretary of State in Executive Order (Erermochelys imbricata). Turtles in Shrimp Trawl Fishing On October 8, 1996, the Court of 12938 of November 14, 1994.’’ Operations International Trade held that Section Dated: July 30, 1998. SUMMARY: Section 609 of Public Law 609 could not be enforced by the Strobe Talbott, 101–162 (‘‘Section 609’’) provides that Department of State so as to allow entry Acting Secretary of State. shrimp harvested with technology that into the United States of any shrimp or [FR Doc. 98–23123 Filed 8–27–98; 8:45 am] may adversely affect certain species of products from shrimp harvested by BILLING CODE 4710±10±M sea turtles may not be imported into the citizens or vessels of nations which had United States unless there is an annual not been certified in accordance with certification to Congress that the Section 609. Earth Island Institute v. DEPARTMENT OF STATE harvesting nation has a regulatory Christopher, 942, F. Supp. 597 (CIT program and an incidental take rate 1996). Bureau of Economic and Business comparable to that of the United States, On November 25, 1996, the Court of Affairs or, alternatively, that the fishing International Trade issued an opinion which clarified the October 1996 ruling [Public Notice 2874] environment in the harvesting nation does not pose a threat to the incidental and stated that the State Department National Interest Determination taking of sea turtles. This notice revises could allow entry into the United States Concerning Four Pipelines Operated the April 19, 1996 guidelines used by of any shrimp or products from shrimp on the Border of the United States at the Department of State in making such harvested by citizens or vessels of International Falls, Minnesota by Boise certification, in response to a decision nations which have not been certified in Cascade Corporation made by the U.S. Court of Appeals for accordance with Section 609 so long as the Federal Circuit on June 4, 1998. the harvest was accomplished in a Pursuant to the authority vested in me manner which did not adversely affect EFFECTIVE DATE: August 28, 1998. under Executive Order 11423 of August sea turtles (e.g. shrimp harvested in an 16, 1968 as amended by Executive FOR FURTHER INFORMATION CONTACT: Mr. aquaculture facility under certain Order 12847 of May 17, 1993, and Bill Gibbons-Fly, Office of Marine circumstances; shrimp harvested by Department of State Delegation of Conservation, Bureau of Oceans and manual rather than by mechanical Authority No. 118–1 of April 11, 1973, International Environmental and methods; or shrimp harvested in areas and subject to satisfaction of the Scientific Affairs, Department of State, in which sea turtles do not occur). requirements of sections 1(d) and 1(f) of Washington DC 20520, telephone However, shrimp and products from the said Executive Order, I hereby number (202) 647–2335. shrimp harvested with turtle excluder determine that issuance of a permit to SUPPLEMENTARY INFORMATION: Section devices (TEDs) could not be imported Boise Cascade Corporation, a Delaware 609 provides that shrimp or products unless the harvesting nation was Corporation, to operate and maintain from shrimp harvested with commercial certified in accordance with Section four existing pipelines for the fishing technology that may adversely 609. Earth Island Institute v. transportation of water, steam and filler affect certain species of sea turtles Christopher, 948 F. Supp. 1062 (CIT material across the international protected under U.S. law and 1996). boundary between the United States and regulations may not be imported into On June 4, 1998, the U.S. Court of Canada near International Falls, the United States unless the President Appeals for the Federal Circuit vacated Minnesota would serve the national certifies to Congress by May 1, 1991, the trial court’s October 8, 1996 and interest. and annually thereafter, that: November 25, 1996 rulings and held Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46095 that the trial court lacked jurisdiction has been raised that other nations that Service (NMFS), in areas and at times because the plaintiffs had previously may be considering the adoption of such when there is a likelihood of withdrawn their motion on which the programs may instead adopt a policy of intercepting sea turtles. The goal of this court based its decisions. using TEDs only on vessels harvesting program is to protect sea turtle In response to the June 4, 1998 shrimp for export to the U.S. market. populations from further decline by decision, the Department of State takes As a matter of policy, the Department reducing the incidental mortality of sea this opportunity to reaffirm the of State is of the view that foreign turtles in commercial shrimp trawl guidelines issued on April 19, 1996 (FR governments should require TEDs to be operations. Vo.l. 61, No. 77, April 19, 1996), except used on shrimp trawl vessels wherever The commercial shrimp trawl as modified herein. there is a likelihood of intercepting sea fisheries in the United States in which The Department of State reinstates its turtles. Available evidence does not there is a likelihood of intercepting sea determination that the harvesting of indicate that a decision to permit the turtles occur in the temperate waters of shrimp with TEDs does not adversely importation of TED-caught shrimp from the Gulf of Mexico and the Atlantic affect sea turtle species and that TED- uncertified nations will cause foreign Ocean from North Carolina to Texas. caught shrimp is therefore not subject to governments to abandon (or to refrain With very limited exceptions, all U.S. the import prohibition created by from adopting) regulatory programs commercial shrimp trawl vessels Section 609(b)(1). As described below, requiring TEDs to be used in this operating in these waters must use however, the Department of State has manner. During the earlier period in approved TEDs at all times and in all decided to establish several conditions which the United States permitted areas. The only exceptions to this and incentives relating to the importation of TED-caught shrimp from requirement are as follows: importation of such shrimp that are uncertified nations, no foreign nation a. Vessels equipped exclusively with intended to address concerns that have that had established such a program the following special types of gear and been raised about the effect of this abandoned or limited its program. deployed with certain restricted tow determination on the conservation of Indeed, some Central American nations times are not required to use TEDs sea turtle species. expanded their TEDs programs during because the nature of their operations These concerns are of two basic kinds. that time to include their Pacific as well does not pose a threat of the incidental First, there is a concern that foreign as Caribbean coasts. drowning of sea turtles: barred beam harvesters will fraudulently claim that Nevertheless, in order to ensure that trawls and/or roller trawls, wing nets, shrimp has been harvested with TEDs. a decision to permit the importation of skimmer trawls, and pusher-head To protect against such fraud, the TED-caught shrimp from uncertified trawls. Single try nets (with less than a guidelines issued on April 19, 1996 nations does not undermine the twelve foot headrope and fifteen foot already require every shipment of establishment of such programs, the rope) and test nets, used briefly to test shrimp entering the U.S. market to be Department of State will review the for shrimp concentrations, need not accompanied by a completed DSP–121 effects of the decision every six months have TEDs. form indicating either that the shrimp for a three-year period beginning May 1, b. Vessels whose nets are retrieved was harvested in a certified nation or 1999. If evidence indicates that the exclusively by manual rather than was harvested in an uncertified nation decision has adversely affected sea mechanical means are not required to under one of the conditions that do not turtle species; e.g., by prompting foreign use TEDs because the lack of a adversely affect sea turtles species. For governments to abandon or limit mechanical retrieval system necessarily shrimp harvested in certified nations, country-wide TEDs programs or to fail limits tow times to a short duration so only the exporter must certify that the to adopt such programs, the Department as not to pose a threat of the incidental shrimp was harvested in the manner will reassess the decision. drowning of sea turtles. This exemption indicated on the form. For shrimp The Department has further decided applies only to vessels that have no harvested in uncertified nations, both to increase its efforts to protect and power or mechanical-advantage trawl the exporter and a government official conserve sea turtles through the retrieval system. in the harvesting nation must so certify. negotiation and implementation of c. In exceptional circumstances, The Department of State has decided to multilateral agreements. To this end, the where NMFS determines that the use of add to these safeguards by undertaking Department shall strive to secure the TEDs would be impracticable because of regular examinations of the procedures entry into force of the Inter-American special environmental conditions such that governments of uncertified nations Convention for the Protection and as the presence of algae, seaweed, or have put in place for verifying the Conservation of Sea Turtles throughout debris, or that TEDs would be accurate completion of the DSP–121 the Western Hemisphere as early as ineffective in protecting sea turtles in forms. If, upon our review, such possible. The Department will also particular areas, vessels are permitted to governments do not demonstrate that intensify efforts to negotiate comparable restrict tow times instead of using TEDs. they have adequate procedures in place, agreements for other regions where sea Such exceptions are generally limited to the Department will instruct the turtles are at considerable risk, two periods of 30 days each. In practice, Customs Service not to permit the including from shrimp trawl fishing, NMFS has permitted such exceptions importation of TED-caught shrimp beginning with the Indian Ocean region. only rarely. harvested in that nation. For the sake of clarity, the April 19, With these limited exceptions, all Second, there is a concern that foreign 1996 guidelines are restated below with other commercial shrimp trawl vessels nations that have established regulatory certain modifications. operating in waters subject to U.S. programs governing the incidental The U.S. Program. The foundation of jurisdiction in which there is a taking of sea turtles in the course of the U.S. program governing the likelihood of intercepting sea turtles shrimp trawl harvesting that are incidental taking of sea turtles in the must use TEDs at all times. For more comparable to the U.S. program will course of shrimp harvesting is the information on the U.S. program abandon or limit those programs so that requirement that commercial shrimp governing the incidental taking of sea only shrimp vessels harvesting shrimp trawl vessels use TEDs approved in turtles in the course of commercial for export to the U.S. market will accordance with standards established shrimp trawl harvesting, see 50 CFR actually use TEDs. Similarly, a concern by the U.S. National Marine Fisheries 227.17 and 50 CFR 227.72(e). 46096 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Shrimp Harvested in a Manner Not harvesting nation is currently certified which there is a likelihood of Harmful to Sea Turtles. The Department pursuant to Section 609. intercepting sea turtles use TEDs at all prohibitions imposed pursuant to Country of Origin. For purposes of times. TEDs must be comparable in Section 609 do not apply to shrimp or implementing Section 609, the country effectiveness to those used in the United products of shrimp harvested under the of origin shall be deemed to be the States. Any exceptions to this following conditions, since such nation in whose waters the shrimp is requirement must be comparable to harvesting does not adversely affect sea harvested, whether or not the harvesting those of the U.S. program described turtles: vessel is flying the flag of another above; and a. Shrimp harvested in an aquaculture nation. 2. Enforcement—a credible facility in which the shrimp spend at enforcement effort that includes Guidelines for Determining monitoring for compliance and least 30 days in pond prior to being Comparability harvested. appropriate sanctions. b. Shrimp harvested by commercial I. Certification Pursuant to Section b. Incidental Take. Average incidental shrimp trawl vessels using TEDs 609(b)(2)(C) take rates will be deemed comparable if comparable in effectiveness to those the harvesting nation requires the use of Section 609(b)(2)(C) authorizes the TEDs in a manner comparable to that of required in the United States. Department of State to certify a c. Shrimp harvested exclusively by the U.S. program described above. harvesting nation if the particular c. Additional Considerations. 1. means that do not involve the retrieval fishing environment of the harvesting Form—A regulatory program may be in of fishing nets by mechanical devices or nation does not pose a threat of the form of regulations promulgated by by vessels using gear that, in accordance incidental taking of sea turtles in the the government of the harvesting nation with the U.S. program described above, course of commercial shrimp trawl and having the force of law. If the legal would not require TEDs. harvesting. Accordingly, the Department system and industry structure of the d. Species of shrimp, such as the shall certify any harvesting nation harvesting nation permit voluntary pandalid species, harvested in areas in meeting the following criteria without arrangements between government and which sea turtles do not occur. the need for action on the part of the the fishing industry, such an Shrimp Exporter’s/Importer’s government of the harvesting nation: arrangement may be acceptable so long Declaration. The requirement that all a. Any harvesting nation without any as there is a governmental mechanism to shipments of shrimp and products of of the relevant species of sea turtles monitor compliance with the shrimp imported into the United States occurring in waters subject to its arrangement and to impose penalties for must be accompanied by a declaration jurisdiction; noncompliance, and confirmation that (DSP–121, revised) became effective as b. Any harvesting nation that harvests the fishing industry is complying with of May 1, 1996 and remains effective. shrimp exclusively by means that do not the arrangement. The DSP–121 attests that the shrimp pose a threat to sea turtles, e.g., any 2. Documentary Evidence— accompanying the declaration was nation that harvests shrimp exclusively Documentary evidence may be in the harvested either under conditions that by artisanal means; form of copies of the relevant laws, do not adversely affect sea turtles (as c. Any nation whose commercial regulations or decrees. If the regulatory defined above) or in waters subject to shrimp trawling operations take place program is in the form of a government- the jurisdiction of a nation currently exclusively in waters subject to its industry arrangement, then a copy of the certified pursuant to Section 609. All jurisdiction in which sea turtles do not arrangement is required. Harvesting declarations must be signed by the occur. nations are encouraged to provide, to exporter. the extent practicable, information II. Other Certifications The requirement that a government relating to the extent of shrimp official of the harvesting nation not The Department of State shall certify harvested by means of aquaculture. currently certified pursuant to Section any other harvesting nation by May 1st 3. Additional Turtle Protection 609 must also sign the DSP–121 of each year only if the government of Measures—The Department of State asserting that the accompanying shrimp that nation has provided documentary recognizes that sea turtles require was harvested under conditions that do evidence of the adoption of a regulatory protection throughout their life cycle, not adversely affect sea turtles species program governing the incidental taking not only when they are threatened remains effective. Notice is hereby given of sea turtles in the course of during the course of commercial shrimp that the Department intends to conduct commercial shrimp trawl harvesting trawl harvesting. In making the periodic reviews of the system that such that is comparable to that of the United comparability determination, the foreign governments have put in place States and if the average take rate of that Department shall also take into account to verify the statements made on the incidental taking by vessels of the other measures the harvesting nation DSP–121 form in order to protect harvesting nation is comparable to the undertakes to protect sea turtles, against fraud. The declaration must average take rate of incidental taking of including national programs to protect accompany the shipment through all sea turtles by United States vessels in nesting beaches and other habitat, stages of the export process, including, the course of such harvesting. prohibitions on the directed take of sea any transformation of the original a. Regulatory Program. The turtles, national enforcement and product and any shipment through any Department of State shall assess compliance programs, and participation intermediary country. As before, the regulatory programs, as described in the in any international agreement for the Department of State will make copies of documentary evidence provided by the protection and conservation of sea the declaration readily available; local governments of harvesting nations, for turtles. The Department of State relies reproduction of the declarations is fully comparability with the U.S. program. on the technical expertise of NMFS to acceptable. Certification shall be made if a program evaluate threats to sea turtles and the Date of Export. Import prohibitions includes the following: sea turtle protection programs of the shall not apply to shipments of shrimp 1. Required Use of TEDS—a harvesting nations in order to assist in and products of shrimp with a date of requirement that all commercial shrimp making the comparability export falling at a time in which the trawl vessels operating in waters in determination. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46097

4. Consultations—The Department of 49 U.S.C. 5335(a) and (b) National operations without the National Transit State will engage in ongoing Transit Database. Database. consultations with harvesting nations. DATES: Comments must be submitted Respondents: State and local The Department recognizes that, as before October 27, 1998. government, business or other for-profit turtle protection programs develop, institutions, non-profit institutions, and ADDRESSES: All written comments must additional information will be gained small business organizations. refer to the docket number that appears about the interaction between turtle Estimated Annual Burden on at the top of this document and be populations and shrimp fisheries. These Respondents: 420 hours for each of the submitted to the United Guidelines may be revised in the future 567 respondents. StatesDepartment of Transportation, to take into consideration that and other Estimated Total Annual Burden: Central Dockets Office, PL–401, 400 information, as well as to take into 238,140 hours. Seventh Street, S.W., Washington, D.C. account changes in the U.S. program. Frequency: Annual. In addition, the Department seeks 20590. All comments received will be Issued: August 25, 1998. public comment on the best ways to available for examination at the above implement both these guidelines and address from 10:00 a.m. to 5:00 p.m., Nuria I. Fernandez, Section 609 as a whole and may revise e.t., Monday through Friday, except Deputy Administrator. these guidelines in the future Federal holidays. Those desiring [FR Doc. 98–23243 Filed 8–27–98; 8:45 am] accordingly. notification of receipt of comments must BILLING CODE 4910±57±U include a self-addressed, stamped III. Related Determination postcard/envelope. Any harvesting nation that is not FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION certified on May 1 of any year may be Donna Albritton, Office of Program National Highway Traffic Safety certified prior to the following May 1 at Management (202) 366–0203. such time as the harvesting nation meets Administration SUPPLEMENTARY INFORMATION: Interested the criteria necessary for certification. Docket No. NHTSA 98±4357; Notice 1 Conversely, any harvesting nation that parties are invited to send comments regarding any aspect of this information is certified on May 1 of any year may Aprilia, SpA , Receipt of Application for collection, including: (1) the necessity have its certification revoked prior to Temporary Exemption From Federal and utility of the information collection the following May 1 at such time as the Motor Vehicle Safety Standard No. 123 harvesting nation no longer meets those for the proper performance of the criteria. functions of the FTA; (2) the accuracy Aprilia SpA of Noale, Italy, has As a matter relating to the foreign of the estimated burden; (3) ways to applied for a temporary exemption for affairs function, these guidelines are enhance the quality, utility, and clarity calendar years 1999 and 2000 from a exempt from the notice, comment, and of the collected information; and (4) requirement of S5.2.1 (Table 1) of delayed effectiveness provisions of the ways to minimize the collection burden Federal Motor Vehicle Safety Standard Administrative Procedures Act. This without reducing the quality of the No. 123 Motorcycle Controls and action is exempt from Executive Order collected information. Comments Displays. The basis of the request is that 12866, and is not subject to the submitted in response to this notice will ‘‘compliance with the standard would requirements of the Regulatory be summarized and/or included in the prevent the manufacturer from selling a Flexibility Act. request for OMB approval of this motor vehicle with an overall level of information collection. Dated: August 18, 1998. safety at least equal to the overall safety Title: 49 U.S.C. Section 5335(a) and level of nonexempt vehicles,’’ 49 U.S.C. Stuart E. Eizenstat, (b) (OMB Number: 2132–0544) Sec. 30113(b)(3)(iv). Under Secretary for Economic, Business and Background: 49 U.S.C. Section This notice of receipt of an Agricultural Affairs. 5335(a) and (b) require the Secretary of application is published in accordance [FR Doc. 98–23121 Filed 8–27–98; 8:45 am] Transportation to maintain a reporting with the requirements of 49 U.S.C. BILLING CODE 4710±09±M system by uniform categories to 30113(b)(2) and does not represent any accumulate mass transportation judgment of the agency on the merits of financial and operating information and the application. DEPARTMENT OF TRANSPORTATION a uniform system of accounts and If a motorcycle is produced with rear records. Federal, state, and local wheel brakes, S5.2.1 of Standard No. Federal Transit Administration governments, transit agencies/boards, 123 requires that the brakes be operable [FTA Docket No. 98±4360] labor unions, manufacturers, through the right foot control, though researchers, consultants and universities the left handlebar is permissible for Notice of Request for the Extension of use the National Transit Database for motor driven cycles (Item 11, Table 1). Currently Approved Information making transit related decisions. State Aprilia would like to use the left Collection and local governments also use the handlebar as the control for the rear AGENCY: Federal Transit Administration, National Transit Database in allocating brakes of its Leonardo 150 motorcycle, DOT. funds under 49 U.S.C. Section 5307. whose 150 cc engine produces more ACTION: Notice of request for comments. National Transit Database information is than the 5 hp maximum that separates essential for understanding cost, motor driven cycles from motorcycles. SUMMARY: In accordance with the ridership and other national The Aprilia can attain speeds up to 106 Paperwork Reduction Act of 1995, this performance trends, including transit’s km/h (65.7 mph). The frame of the notice announces the intention of the share of urban travel. It would be Leonardo ‘‘has not been designed to Federal TransitAdministration (FTA) to difficult to determine the future mount a right foot operated brake pedal, request the Office of Management and structure of FTA programs, to set policy, which is a sensitive pressure point able Budget (OMB) to extend the following and to make funding and other to apply considerable stress to the currently approved information decisions relating to the efficiency and frame, causing failure due to fatigue collection: effectiveness of the Nation’s transit ** *’’ Aprilia ‘‘intends to begin sales 46098 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices into the United States for market testing the public interest because the Line Air Shuttle, Inc. (GL Air), Gray purposes during the 1999 sales year and emissions ‘‘of the small engines have Line New York Tours, Inc. (GLNY), would like to present a model line been demonstrated to be lower than Hudson Transit Corporation (HTC), including the Leonardo 150 alternative means of transportation such Hudson Transit Lines, Inc. (HTL), and motorcycle.’’ Absent an exemption, it as large motorcycles or automobiles.’’ International Bus Services, Inc. (IBS), all would be unable to do so because the The introduction of ‘‘this type of motor motor passenger carriers related to one vehicle would not fully comply with vehicle will provide the American another through largely common Standard No. 123. It has requested an consumer with a broader range of choice ownership. Persons wishing to oppose exemption for calendar years 1999 and of low-cost transportation.’’ the application must follow the rules 2000. Interested persons are invited to under 49 CFR part 1182, subparts B and Aprilia argues that the overall level of submit comments on the application C. The Board has tentatively approved safety of the Leonardo 150 equals or described above. Comments should refer the transaction, and, if no opposing exceeds that of a non-exempted motor to the docket number and the notice comments are timely filed, this notice vehicle for the following reasons. The number, and be submitted to: Docket will be the final Board action. Leonardo 150 is equipped with an Management, Room PL–401, 400 DATES: Comments must be filed by automatic transmission. As there is no Seventh Street, SW, Washington, DC October 13, 1998. Applicant may file a foot operated gear change, ‘‘the 20590. It is requested but not required reply by November 2, 1998. If no operation and use of a motorcycle with that 10 copies be submitted. comments are filed by October 13, 1998, an automatic transmission is similar to All comments received before the this notice is effective on that date. the operation and use of a bicycle.’’ close of business on the comment Thus, the Leonardo 150 can be operated closing date indicated below will be ADDRESSES: Send an original and 10 without requiring special training or considered, and will be available for copies of comments referring to STB practice. In response to NHTSA’s examination in the docket at the above Docket No. MC–F–20927 to: Surface justification for standardization of address both before and after that date. Transportation Board, Office of the motorcycle controls, Aprilia argues that The Docket Room is open from 10:00 Secretary, Case Control Unit, 1925 K ‘‘any driver will not hesitate when a.m. until 5:00 p.m. To the extent Street, N.W., Washington, DC 20423– confronted with an emergency’’ because possible, comments filed after the 0001. In addition, send one copy of ‘‘the use of a left hand lever for the rear closing date will also be considered. comments to applicant’s brake is highly ‘intuitive’ and easy to Notice of final action on the representatives: Betty Jo Christian and use * * *.’’ application will be published in the David H. Coburn, Steptoe & Johnson Admitting that ‘‘the human foot can Federal Register pursuant to the LLP, 1330 Connecticut Avenue, N.W., apply much more force than can the authority indicated below. Washington, DC 20036. hand,’’ Aprilia believes that ‘‘with the Comment closing date: September 28, FOR FURTHER INFORMATION CONTACT: modern hydraulically activated disc 1998. Joseph H. Dettmar, (202) 565–1600. brakes used on the Leonardo 150, more (49 U.S.C. 30113; delegations of authority at [TDD for the hearing impaired: (202) than enough brake actuation force is 49 CFR 1.50. and 501.8) 565–1695.] available from the hand of even the Issued on August 25, 1998. SUPPLEMENTARY INFORMATION: Coach smallest rider.’’ Further, ‘‘it takes much L. Robert Shelton, currently controls several motor longer for the rider’s foot to be placed passenger carriers.1 In this transaction, over the pedal, and the foot force Associate Administrator for Safety Performance Standards. it seeks to acquire control of Chenango; 2 applied, than it does for the rider to [FR Doc. 98–23241 Filed 8–27–98; 8:45 am] reach and squeeze the hand lever.’’ 1 The Board recently issued a notice tentatively BILLING CODE 4910±59±P Aprilia argues that ‘‘reducing this granting Coach authority to control nine additional ‘latency time’ to a minimum, especially motor carriers of passengers. Coach USA, Inc.— for inexperienced riders, has obvious Control—Blue Bird Coach Lines, Inc. et al., STB DEPARTMENT OF TRANSPORTATION Docket No. MC–F–20921 (STB served June 19, safety benefits.’’ Finally, the hand lever 1998). Because no adverse comments were filed, the reduces the possibility of loss of control Surface Transportation Board notice became the final action of the Board. In because of rear wheel locking in an addition, the Board more recently issued notices emergency braking situation because of [STB Docket No. MC±F±20927] tentatively granting Coach authority to control two ‘‘the increased sensitivity to brake motor passenger carriers, Coach USA, Inc.— Coach USA, Inc.ÐControlÐChenango Control—Kansas City Executive Coach, Inc. and Le feedback with the hand lever.’’ Valley Bus Lines, Inc.; Colonial Coach Bus, Inc., STB Docket No. MC–F–20923 (STB Aprilia points out that European served July 24, 1998); and to control five motor regulations allow motorcycle Corp.; GL Bus Lines, Inc.; Gray Line passenger carriers, Coach USA, Inc.—Control— manufacturers the option of choosing Air Shuttle, Inc.; Gray Line New York Brunswick Transportation Company d/b/a The Maine Line, et al. STB Docket No. MC–F–20926 rear brake application through either a Tours, Inc.; Hudson Transit Corporation; Hudson Transit Lines, (STB served Aug. 14, 1998). Finally, Coach has right foot or left handlebar control, and recently filed an application with the Board to that Australia permits the optional Inc.; and International Bus Services, continue in control of a motor passenger carrier, locations for motorcycles of any size Inc. Coach USA, Inc.—Continuance in Control—Salt Lake Coaches, Inc., STB Docket No. MC–F–20928 with automatic transmissions. AGENCY: Surface Transportation Board. (filed Aug. 3, 1998). An exemption would be consistent ACTION: Notice Tentatively Approving 2 Chenango is a New York corporation. It holds with objectives of motor vehicle safety, Finance Transaction. federally issued operating authority in Docket No. Aprilia argues, because it believes that MC–141324, as well as authority from the New SUMMARY: York State Department of Transportation (NYDOT). its disc brake system provides ‘‘better Coach USA, Inc. (Coach), a Chenango utilizes a fleet of approximately 14 resistance to fade and better noncarrier that controls several motor motorcoaches and employs 47 full and part time performance under wet conditions.’’ passenger carriers, filed an application employees. Chenango’s gross revenue for fiscal year The design of the vehicle ‘‘has been under 49 U.S.C. 14303 for control of 1997 was approximately $2.2 million. Chenango is owned in full by noncarrier Limousine Rental tested by long use in Europe and the rest Chenango Valley Bus Lines, Inc. Service, Inc. (Limousine). A majority of the shares of the world’’ without safety concerns (Chenango), Colonial Coach Corp. of Limousine are owned by Mr. Barnett Rukin. being raised. An exemption would be in (Colonial), GL Bus Lines, Inc. (GL), Gray Limousine also wholly owns GL. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46099

Colonial; 3 GL; 4 GL Air; 5 GLNY; 6 HTC; 7 Applicant submits that there will be enhancing the benefits resulting from HTL; 8 and IBS 9 by acquiring all of the no transfer of any federal or state these control transactions. stock of each of these commonly- operating authorities held by any of the Applicant certifies that: (1) none of controlled carriers.10 acquired carriers. Following the the carriers holds an unsatisfactory consummation of the control safety rating from the U.S. Department 3 Colonial is a New Jersey corporation. It holds transaction, each of the acquired carriers of Transportation; 11 (2) each has federally issued operating authority in Docket No. will continue operating in the same sufficient liability insurance; (3) none of MC–39491, as well as authority from the New Jersey Department of Transportation (NJDOT). Colonial manner as before. According to the acquired carriers is either domiciled operates a fleet of 8 motorcoaches and employs 25 applicant, granting the application will in Mexico or owned or controlled by full and part time persons. Colonial’s gross annual not reduce competitive options persons of that country; and (4) revenue in 1997 was approximately $945,000. available to the traveling public. approval of the transaction will not Colonial is owned by Mr. Barnett Rukin (who holds a majority interest), Mr. Julius Eisen and Ms. Susan Applicant asserts that none of the significantly affect either the quality of Eisen. carriers proposed to be acquired the human environment or the 4 GL is a New York corporation. It holds federally competes to any meaningful degree with conservation of energy resources. issued operating authority in Docket No. MC– any of the others. Applicant submits Additional information may be obtained 180074, as well as authority from NYDOT. At present, GL is not conducting motor passenger that each carrier faces substantial from applicant’s representatives. operations and has no revenues from bus competition from other bus companies Under 49 U.S.C. 14303(b), we must operations. GL, like Chenango, is owned in full by and modes of transportation. approve and authorize a transaction we noncarrier Limousine. Applicant also submits that granting find consistent with the public interest, 5 GL Air is a New Jersey corporation. It holds taking into consideration at least: (1) the federally issued operating authority in Docket No. the application will produce substantial MC–218255, as well as authority from NYDOT. GL benefits, including savings in interest effect of the transaction on the adequacy Air operates a fleet of 44 vans, 33 double-deck costs from the restructuring of debt and of transportation to the public; (2) the buses, 17 minibuses and 1 trolley. GL Air employs reduced operating costs from Coach’s total fixed charges that result; and (3) approximately 200 persons. GL Air’s gross annual the interest of affected carrier revenue in 1997 was over $9.2 million. GL Air is enhanced volume purchasing power. owned by Mr. Barnett Rukin, Mr. Julius Eisen, Mr. Specifically, applicant claims that the employees. Charles Flateman, Mr. Andrew Eisen, Ms. Cara carriers to be acquired will benefit from On the basis of the application, we Eisen, Mr. Joshua Eisen, the Emily Rukin Grantor lower insurance premiums negotiated find that the proposed acquisition of Trust, the William Rukin Grantor Trust, and the control is consistent with the public Alexandra Rukin Family Trust. by Coach and from volume discounts for 6 GLNY is a New York corporation. It holds equipment and fuel. Applicant indicates interest and should be authorized. If any federally issued operating authority in Docket No. that Coach will provide each of the opposing comments are timely filed, MC–180229. GLNY employs approximately 90 carriers to be acquired with centralized this finding will be deemed vacated and persons. GLNY’s 1997 annual revenues were in legal and accounting services and a procedural schedule will be adopted excess of $17.8 million. GLNY is owned by Mr. Barnett Rukin, Mr. Julius Eisen, Ms. Brina Lois coordinated purchasing services. In to reconsider the application. If no Rosenblatt, Mr. Bernard Flateman, and Mr. Charles addition, applicant states that vehicle opposing comments are filed by the Flateman. sharing arrangements will be facilitated expiration of the comment period, this 7 HTC is a New York corporation. It holds through Coach to ensure maximum use decision will take effect automatically federally issued operating authority in Docket No. and will be the final Board action. MC–133403, as well as authority from NYDOT. and efficient operation of equipment. HTC employs approximately 40 persons. HTC’s Applicant states that, with Coach’s Board decisions and notices are gross annual revenue for 1997 was $5.1 million. assistance, coordinated driver training available on our website at HTC is owned by Mr. Julius Eisen, Mr. Joshua services will be provided enabling each ‘‘WWW.STB.DOT.GOV.’’ Eisen, Mr. Andrew Eisen, William Rukin Grantor Trust, Cara Gail Eisen Trust, Ms. Donna Rukin, and carrier to allocate driver resources in the This decision will not significantly Short Line Terminal Agency, Inc. (Short Line), a most efficient manner possible. affect either the quality of the human noncarrier which owns a majority interest in HTC. Applicant also states that the proposed environment or the conservation of The voting shares of Short Line are in turn owned transaction will benefit the employees energy resources. largely by Mr. Barnett Rukin. of the acquired carriers and that all It is ordered: 8 HTL is a Delaware Corporation. It holds federally issued operating authority in Docket No. collective bargaining agreements will be 1. The proposed acquisition of control MC–228, as well as authority from NJDOT. HTL honored by Coach. is approved and authorized, subject to operates a fleet of 150 vehicles, mostly Coach plans to acquire control of the filing of opposing comments. motorcoaches, and employs approximately 325 2. If timely opposing comments are persons. HTL’s gross annual revenue in 1997 was additional motor passenger carriers in approximately $25.6 million. Short Line, in which the coming months. It asserts that the filed, the findings made in this decision Mr. Barnett Rukin holds the large majority of voting financial benefits and operating will be deemed as having been vacated. shares, owns a majority interest in HTL. HTL is also efficiencies will be enhanced further by 3. This decision will be effective on owned by Mr. Barnett Rukin, Mr. Julius Eisen, Ms. October 13, 1998, unless timely Susan Eisen, Mr. Joshua Eisen, Mr. Andrew Eisen, these subsequent transactions. Over the William Rukin Grantor Trust, Trust for the Benefit long term, Coach states that it will opposing comments are filed. of Joshua Eisen, Trust for the Benefit of Andrew provide centralized marketing and 4. A copy of this notice will be served Eisen, and HTC, another of the acquired companies. reservation services for the bus firms on: (1) the U.S. Department of 9 IBS is a New York corporation. It holds federally Transportation, Office of Motor Carriers- issued operating authority in Docket No. MC– that it controls, thereby further 155937, as well as authority from NYDOT and HIA 30, 400 Virginia Avenue, S.W., NJDOT. IBS operates a fleet of approximately 50 Inter-City Transportation Co., Inc., No. MC–F–8620 Suite 600, Washington, DC 20024; and vehicles and employs approximately 150 persons. (ICC served July 27, 1964); Chenango Valley Bus (2) the U.S. Department of Justice, IBS’s gross annual revenue in 1997 was Lines, Inc.—Purchase—Binghamton Short Lines, Antitrust Division, 10th Street & approximately $5.8 million, most of which was Corp., and Chenango Valley Transit, No. MC–F– earned from transfers from related companies. IBS 12502 (ICC served Oct. 16, 1975); David Rukin, et Pennsylvania Avenue, N.W., is owned by Mr. Barnett Rukin (who holds a al.—Control— International Bus Services, Inc., No. Washington, DC 20530. majority interest), Mr. Julius Eisen, Ms. Brina Lois MC–F–15297 (ICC served Aug. 30, 1983); Julius Decided: August 21, 1998. Rosenblatt, Mr. Charles Flateman, and Mr. Bernard Eisen, et al.—Continuance in Control—GL Bus Flateman. Lines and Gray Line New York Tours, Inc., No. MC– 10 The Interstate Commerce Commission had F–16347 (ICC served July 23, 1985); and Barnett 11 Chenango, Colonial, GL Air, GLNY, HTL, and previously approved the common control of these Rukin, et al.— Continuance in Control, No. MC–F– IBS each hold a satisfactory safety rating. GLNY and entities in Hudson Transit Lines, Inc.—Purchase— 19545 (ICC served Jan. 1990). HTC have not been rated. 46100 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

By the Board, Chairman Morgan and Vice violence. The letter will be retained for ‘‘Miro´’s Black and Red Series: A New Chairman Owen. 5 years in the licensee’s files. Acquisition in Context’’ (see list), Vernon A. Williams, Current Actions: There are no changes imported from abroad for the temporary Secretary. to this information collection and it is exhibition without profit within the [FR Doc. 98–23203 Filed 8–27–98; 8:45 am] being submitted for extension purposes United States, are of cultural BILLING CODE 4915±00±P only. significance. These objects are imported Type of Review: Extension. pursuant to a loan agreement with the Affected Public: State, local or tribal foreign lender. I also determine that the Government. exhibition or display of the listed DEPARTMENT OF THE TREASURY Estimated Number of Respondents: exhibit objects at The Museum of 50,000. Modern Art, New York, NY, from on or Bureau of Alcohol, Tobacco and Estimated Time Per Respondent: 5 Firearms about November 18, 1998 through on or seconds for the licensee to file the letter. about February 2, 1999, is in the Estimated Total Annual Burden Proposed Collection; Comment national interest. Public Notice of these Hours: 278. Request determinations is ordered to be Request For Comments published in the Federal Register. ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: comments. Comments submitted in response to this notice will be summarized and/or Lorie Nierenberg, Assistant General Counsel, Office of the General Counsel, SUMMARY: The Department of the included in the request for OMB 202/619–6084, and the address is Room Treasury, as part of its continuing effort approval. All comments will become a 700, U.S. Information Agency, 301 4th to reduce paperwork and respondent matter of public record. Comments are Street, SW Washington, DC 20547–0001. burden, invites the general public and invited on: (a) Whether the collection of other Federal agencies to take this information is necessary for the proper Dated: August 24, 1998. opportunity to comment on proposed performance of the functions of the Les Jin, and/or continuing information agency, including whether the General Counsel. collections, as required by the information shall have practical utility; [FR Doc. 98–23247 Filed 8–27–98; 8:45 am] Paperwork Reduction Act of 1995, (b) the accuracy of the agency’s estimate BILLING CODE 8230±01±M Public Law 104–13 (44 U.S.C. of the burden of the collection of 3506(c)(2)(A)). Currently, the Bureau of information; (c) ways to enhance the Alcohol, Tobacco and Firearms within quality, utility, and clarity of the UNITED STATES INFORMATION the Department of the Treasury is information to be collected; (d) ways to AGENCY soliciting comments concerning the minimize the burden of the collection of Certification on Agency Letterhead information on respondents, including Culturally Significant Objects Imported Authorizing Purchase of Firearm For through the use of automated collection for Exhibition Determination: ``Five Official Duties of Law Enforcement techniques or other forms of information Revolutionary Seconds XI'' Officer. technology; and (e) estimates of capital AGENCY: United States Information DATES: Written comments should be or start-up costs and costs of operation, Agency. received on or before October 27, 1998 maintenance, and purchase of services ACTION: Notice. to be assured of consideration. to provide information. SUMMARY: Notice is hereby given of the ADDRESSES: Direct all written comments Dated: August 20, 1998. following determinations: Pursuant to to Linda Barnes, Bureau of Alcohol, William T. Earle, the authority vested in me by the Act of Tobacco and Firearms, 650 Assistant Director (Management) CFO. October 19, 1965 (79 Stat. 985, 22 U.S.C. Massachusetts Avenue, NW., [FR Doc. 98–23135 Filed 8–27–98; 8:45 am] 2459), Executive Order 12047 of March Washington, DC 20226, (202) 927–8930. BILLING CODE 4810±31±P 27, 1978 (43 FR 13359, March 29, 1978), FOR FURTHER INFORMATION CONTACT: and Delegation order No. 85–5 of June Requests for additional information or 27, 1985 (50 FR 27393, July 2, 1985), I copies of the form(s) and instructions UNITED STATES INFORMATION hereby determine that the object, ‘‘Five should be directed to Barry Fields, AGENCY Revolutionary Seconds XI,’’ to be Regulations Division, 650 Massachusetts included in the exhibit, ‘‘New Avenue, NW., Washington, DC 20226, Culturally Significant Objects Imported Photography 14: Jeanne Dunning, Olafur (202) 927–8522. for Exhibition Determinations: ``Miro 's Eliasson, Rachel Harrison, Sam Taylor- SUPPLEMENTARY INFORMATION: Black and Red Series: A New Wood,’’ imported from abroad for the Title: Certification on Agency Acquisition in Context'' temporary exhibition without profit Letterhead Authorizing Purchase of AGENCY: United States Information within the United States, is of cultural Firearm For Official Duties of Law Agency. significance. This object is imported Enforcement Officer. ACTION: Notice. pursuant to a loan agreement with the OMB Number: 1512–0546. foreign lender. I also determine that the Abstract: This letter is used by a law SUMMARY: Notice is hereby given of the exhibition or display of the object at the enforcement officer to purchase a following determinations: Pursuant to Museum of Modern art, New York, NY, handgun to be used in his/her official the authority vested in me by the Act of from on or about October 14, 1998, to duties from a licensed firearm dealer October 19, 1965 (79 Stat. 985, 22 U.S.C. on or about January 12, 1999, is in the anywhere in the country. The letter 2459), Executive Order 12047 of March national interest. Public Notice of these shall state that the firearm is to be used 27, 1978 (43 FR 133359, March 29, determinations is ordered to be in the official duties of the officer and 1978), and Delegation Order No. 85–5 of published in the Federal Register. that he/she has been checked and that June 27, 1985 (50 FR 27393, July 2, FOR FURTHER INFORMATION CONTACT: he/she has not been convicted of a 1985). I hereby determine that the Ms. Neila Sheahan, Assistant General misdemeanor crime of domestic objects to be included in the exhibit, Counsel, Office of the General Counsel, Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46101

202/619–5030, and the address is Room 700, U.S. Information Agency, 301 4th Street, SW., Washington, DC 20547– 0001. Dated: August 24, 1998. Les Jin, General Counsel. [FR Doc. 98–23246 Filed 8–27–98; 8:45 am] BILLING CODE 8230±01±M 46102

Corrections Federal Register Vol. 63, No. 167

Friday, August 28, 1998

This section of the FEDERAL REGISTER June 22, 1998, make the following ninth line, ‘‘December’’ should read contains editorial corrections of previously corrections: ‘‘March’’. published Presidential, Rule, Proposed Rule, 1. On page 33993, in the second and Notice documents. These corrections are column, in the first full paragraph, in § 231.329 [Corrected] prepared by the Office of the Federal the ninth line, ‘‘It’s’’ should read ‘‘Its’’. Register. Agency prepared corrections are 6. On page 34044, in § 213.329(b)(1), issued as signed documents and appear in PART 213Ð[CORRECTED] the equation in the first column should the appropriate document categories be in the third column, and the equation elsewhere in the issue. 2. On page 34029, in the first column, in the third column should be in the in the table of contents, ‘‘6213.4’’ should first column. The related text is read ‘‘213.4’’. correctly placed. DEPARTMENT OF TRANSPORTATION § 213.109 [Corrected] § 213.333 [Corrected] Federal Railroad Administration 3. On page 34034, in the third column, in § 213.109(e)(4), in the third 7. On page 34046, in § 213.333, in the line, before ‘‘this’’ add ‘‘(’’ and in the table, in the ‘‘Safety limit’’column, in 49 CFR Part 213 ≤ δ δ fourth line after ‘‘2000.’’ add ‘‘)’’. the second line, ‘‘ tan - .5 1 + .5tan ’’ [Docket No. RST-90-1, Notice No. 8] 4. On page 34035, in § 213.109(f), in should read ‘‘≤tanδ - .5 ÷ 1 + .5tanδ’’. RIN 2130-AA75 the text under the first and second BILLING CODE 1505-01-D illustrations, ‘‘joins’’ should read Track Safety Standards ‘‘joint’’. Correction § 213.119 [Corrected] In rule document 98–15932 beginning 5. On page 34037, in the first column, on page 33992 in the issue of Monday, in § 213.119 introductory text, in the federal register August 28,1998 Friday Housing Factor;FinalRule Modernization FundingReplacement 24 CFRPart968 Development Housing andUrban Part II 46103 46104 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

DEPARTMENT OF HOUSING AND public comments, as discussed in allocations based on large numbers of URBAN DEVELOPMENT greater detail below. Changes made in units that have not been housing response to comments are to clarify that anyone. An organization stated that the 24 CFR Part 968 a PHA must request application of the Department has not demonstrated that replacement housing factor in order for ‘‘central cities have tight housing [Docket No. FR±4125±F±02] it to be applied; to clarify that markets.’’ It contended that the National RIN 2577±AB71 replacement housing must be produced Housing Survey ‘‘consistently in accordance with the Department’s demonstrates that the highest vacancy Replacement Housing Factor in development regulations (24 CFR part rates and lowest rents are in the central Modernization Funding 941); and to specify additional cities.’’ It stated that the rule will result AGENCY: Office of the Assistant procedures applicable to PHAs that are in less funding for housing in areas Secretary for Public and Indian troubled or mod-troubled that want to outside the central cities, and stated that Housing, HUD. have this factor applied—either to this is not justified. rehabilitate vacant but viable units or to This same organization also criticized ACTION: Final rule. develop new replacement units. In the rule as continuing to ‘‘reward SUMMARY: This rule revises the addition, the rule clarifies that failure’’ by giving additional funding to regulations that govern the formula replacement housing may be undertaken agencies regardless of their capacity to allocation of modernization funding with funding from fiscal years in which use the funds well. It claimed that of the under the Comprehensive Grant it is an authorized use of modernization 40 agencies that would benefit from the Program (CGP) to add to the formula a funds. Also, the rule provides that use factor, the majority are either troubled replacement housing factor that would of replacement reserve is not required or mod-troubled and that the rule maintain, for five years, a portion of for emergencies if the amount that provides no measures to assure funding that otherwise would be lost by otherwise would be used from that adequate performance. The a CGP housing agency when the number reserve is an accumulation from recommendation made was that HUD of its public housing units are reduced application of the replacement housing should consider adding a replacement as a result of demolition, disposition, or factor that is necessary so that factor only for those agencies that are conversion. The preserved funding must replacement housing can be provided neither troubled nor mod-troubled. be used for accelerated renovation and efficiently and effectively. 2. HUD Response reoccupancy of vacant, viable units, or II. Discussion of Public Comments With respect to the creation of ‘‘hard for construction or acquisition of There were seven public comments replacement units’’ as opposed to tenant replacement housing units—to the based assistance, the Department extent that the funds are authorized for received on the proposed rule. Three of the comments were from organizations believes both approaches should be such use. The rule takes effect in used to replace demolished public Federal Fiscal Year (FY) 1998, based on representing PHAs and four were from PHAs. Two of the three organizations housing. The approach taken in this rule demolition, disposition and conversion provides funding for replacement of were opposed to the rule, while all four of units between October 1, 1996 and about 20 percent of the units. The PHAs were supportive. September 30, 1997. Department also is asking for additional This rule is needed to encourage A. Need for the Rule funding for the HOPE VI program, public housing agencies (PHAs) to which will provide more hard units, 1. Comments on Who Benefits demolish, dispose of, or convert units and for new Section 8 certificates and that are not providing decent, safe, and Some commenters believed the rule is vouchers to support tenant-based sanitary housing and either develop very much needed to help PHAs cope assistance for many families. replacement units or accelerate with the sudden losses in funding they The reference to ‘‘tight housing renovation of the existing units. would otherwise experience when markets’’ in the proposed rule was DATES: Effective date. September 28, demolishing large numbers of units. found only in the introductory summary 1998. One organization stated that it is ‘‘an at the beginning of the rule. The FOR FURTHER INFORMATION CONTACT: important first step in addressing the Department does not place primary William Flood, Director, Office of lack of resources available for much- reliance on the existence of a tight Capital Improvements, Office of Public needed replacement housing.’’ housing market in any particular city for Housing Investments, Room 4134, However, a few commenters stated that this factor to be applicable. A primary Department of Housing and Urban the change is not justified and that the purpose of the rule is to provide an Development, 451 Seventh Street, SW, rule does not promote equity and incentive to PHAs that have units in Washington, DC 20410, telephone fairness in the CGP distribution but extremely poor condition to demolish or number (202) 708–1640, extension 4185. favors large city PHAs, including those dispose of or convert the units, (This telephone number is not toll-free.) who have already benefited from special supporting revitalization activity in the For hearing-and speech-impaired funding under HOPE VI and MROP. areas where such housing is now a persons, this number may be accessed One organization also challenged HUD’s blight. In fact, to the extent that the rule via text telephone by dialing the Federal statement that ‘‘replacement vouchers increases demolition, there may be an Information Relay Service at 1–800– do not meet some local needs as well as overall decrease in units in a particular 877–8339. hard replacement units do.’’ It argued market, since there is insufficient SUPPLEMENTARY INFORMATION: that HUD has touted the relative value funding for 100 percent replacement of of tenant-based over project-based the reduced number of public housing I. Changes From Proposed Rule assistance. units. In view of the large proportion of The proposed rule in this proceeding According to one PHA, the eligible low income households not was published on September 10, 1997 replacement housing factor will living in affordable housing, virtually all (62 FR 47740). This final rule includes disproportionately benefit a relatively communities can use either vacancy several changes from the proposed rule. few, large housing authorities, which renovation funds or the relatively small Most are being made in response to already have received yearly CGP amount of replacement housing made Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46105 possible by this rule to provide more comprehensive grant unit in the most cover its replacement housing needs in housing opportunities. current year. (To obtain this average, an efficient and effective manner. The It is true that this rule benefits divide total funding for the rule is being modified to assure that this primarily large cities, although all city Comprehensive Grant program by the policy can be carried out. housing agencies with at least 250 units total units funded under the program.) Ordinarily, under § 968.112(f)(4), the that are demolishing or disposing of In the first year, one-third of the product PHA would be required to use the funds public housing are eligible. That result will be the replacement factor funding. in the replacement reserve to cover is appropriate, because that is where In the second year, two-thirds of the emergency modernization needs—to the there is the largest number of units to be product will be the replacement factor extent that adequate funds otherwise demolished and replaced. This rule funding. In years three through five, the were not available—if the PHA had an does not affect the modernization rule entire product will be the replacement emergency need during the period when that governs small PHAs—those with factor funding. Thereafter, the units will it is building up the replacement fewer than 250 units—generally in have no replacement factor funding. Of reserve. (The CGP is flexible enough to smaller localities, which are subject to course, the process is a rolling one, so permit a PHA to reorder its priorities the Comprehensive Improvement that additional units may be when it encounters an emergency Assistance Program instead of the CGP. demolished, converted, or disposed of modernization need, so that the PHA Some of the PHAs that will benefit from in more than one year of a five-year could then use funds otherwise this rule have received HOPE VI and period, adding to the backlog and earmarked for a particular MROP funding, but not all of them. In accrual needs in later years. modernization use for the emergency any case, such funds are offset before and fund the original priority in a later this rule is applied, so that there is no B. Adequacy and Timing of Funding year.) The availability of the double benefit. 1. Comments on Timing replacement reserve for replacement With respect to receipt of funds by a housing is central to the purposes of this troubled or mod-troubled PHA that is Among those who supported the idea rule: to encourage demolition, not already under the direction of HUD of providing a replacement housing disposition, and conversion of units that or a court-appointed receiver, the factor, a recommendation was made that are not viable and to provide an Department is requiring (in §§ 968.103 HUD permit one of three options to additional resource for replacement (e)(3)(ii)(D) and (f)(4)(ii)(D)) that such a facilitate financing of replacement housing and for the accelerated PHA use an Alternative Management housing: (a) permit the PHA to ‘‘bank’’ renovation of units that can be Entity (as described in 24 CFR 901.5) for the funds until all replacement housing renovated and reoccupied. Therefore, to oversight of replacement housing factor funds are received; (b) advance assure that an emergency modernization development. In addition, in all efforts the five years of funding in the first would not undermine these purposes, to carry out activities funded by the year; or (c) allow the PHA to use other this rule adds a sentence to § 968.112(f) replacement housing factor, including resources in the early years and repay to provide that use of the replacement accelerated renovation of vacant and itself for its contribution as the reserve is not required for emergencies viable units, a troubled or mod-troubled replacement housing factor funds are if the amount that otherwise would be PHA is required to comply with the received. These options would respond used from that reserve is an Memorandum of Agreement (MOA) that to a concern about the difficulty of accumulation from application of the was executed with HUD in connection funding replacement construction with replacement housing factor. with the finding that it is troubled, funding that would not be fully With respect to a loan repayment under the Public Housing Management available for five years. option, HUD has no authority to Assessment Program (24 CFR 901.135), The length of time over which the advance the five years of funding made and any corrective actions required by replacement housing factor would apply available under the application of this HUD in accordance with this part’s also was an issue. Some commenters felt factor in the first year. performance review section (§ 968.335). the period was too short, while others When considering what year’s felt that it was too long. One commenter funding to use for various purposes, 3. Comment on How to Calculate the stated that because the phase-out is PHAs must be conscious of permissible Benefit most drastic after the fifth year, there uses under the appropriation act for the One PHA stated an example of how it would be an outcry for slower decreases various years. For example, FY 1997 thought the changes to the formula to after that year, extending the factor even and FY 1996 Comp Grant funds may be account for additional backlog need and longer. Another PHA stated that the used for replacement housing purposes. accrual need would apply to its period should be longer, so that the Fiscal Year 1998 funds are not yet circumstances, based on the example effect felt would be more gradual. authorized for such use, although they may be used for accelerated renovation given in the preamble of the proposed 2. HUD Response rule, and asked whether its estimate was and reoccupancy of vacant, viable units. accurate. Large PHAs may be able to phase A reference to this variation in authority construction in such a way as to have for different years’ funds is added to 4. HUD Response adequate funding available in any given §§ 968.103(e)(3)(ii)(B) and (f)(4)(ii)(B). The estimate was not accurate, but year. Of the three options specified by HUD will not consider changing the when the rule is implemented, HUD one commenter and outlined above, the period over which this replacement will provide each authority with a first and third are acceptable, under housing factor is used. Five years was description of the method and its appropriate circumstances. chosen because it is a short enough time application to the data of that housing If a PHA wants to build up reserves so that PHAs that are not significantly authority. In the meantime, a PHA may in a particular year to spend in a decreasing their number of units would develop its own estimate by starting following year for replacement housing, see increases in their allocations within with the number of units subject to the it could establish a reserve under the a reasonable period, but PHAs that are replacement factor formula in a year, current § 968.112(f)(1)(ii) for such a significantly decreasing their number of and multiplying that number by the purpose if its annual replacement units would see enough of an impact average funding received per housing funding would be inadequate to from the factor to be motivated to 46106 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations pursue the much-needed demolition propose replacement housing. This PHA preamble of the proposed rule (see and replacement of those units and also stated that it is unclear whether the §§ 968.103(e)(3)(ii)(C) and (f)(4)(ii)(C)). would have a significant additional funds resulting from the current three- Since the time has already passed for resource for this purpose. year phase-out will continue to be PHAs to indicate whether they wanted received in addition to the replacement this factor applied for the demolitions, 3. Comments on Other Funding for housing factor funds, or whether the Replacement Housing dispositions, and conversions that took current phase-out funds become the place between October 1, 1996 and An organization stated that section replacement housing factor funds (at September 30, 1997, the Department has 202 of the Omnibus Consolidated least in part). asked all qualified PHAs whether they Rescissions and Appropriations Act of Concerned about adequate funding want to have the factor applied in the 1996 required PHAs to identify certain levels for construction of replacement letter transmitting the annual formula distressed public housing developments housing, one organization suggested that amount which is already calculated to be removed from the public housing HUD continue to seek other sources of using the formula characteristics for the inventory within five years, after funding, as well. A PHA recommended same period of time. For the purpose of relocation of the tenants with tenant- that HUD consider funding for a higher funding such requests, the Department based or project-based assistance. The percentage of replacement units for has held back a very limited amount of rule provides that the replacement PHAs with a high demand for housing funds during the current funding cycle. housing factor applies only if ‘‘the that are located in cities with tight In future years, such a request may be reduced units are not otherwise affordable housing markets. handled in a different fashion. receiving funding for replacement housing or vacancy renovation.’’ The 6. HUD Response 3. Comments on Determination of Units organization asked whether ‘‘funding for It is not the intent of this rule to Covered replacement housing’’ includes existing provide an increase above the amount of PHAs asked what procedures are to be vouchers, new vouchers, or relocation to modernization funding to which the used when disclosing the units that are other public housing. PHA would have been entitled if there the subject of demolition, disposition, or had been no demolition, disposition, or 4. HUD Response conversion. They also asked which conversion. If a community does not happens first—approval of a demolition, PHAs that have received tenant-based need the funds that would be restored disposition, or conversion application, assistance or have relocated households by the replacement housing factor, they or identification in the Formula to other public housing are eligible for should remain available for general Characteristics Report of units to be application of the replacement housing distribution under the formula. With demolished, disposed of, or converted. factor. If a PHA already has received respect to the adequacy of funding, that vouchers, it remains eligible for this issue is discussed above in section A2. 4. HUD Response factor. If a PHA has not received The funding now available under the The approval process is that HUD vouchers and it applies for application three-year phase-out will not become a approves an application for demolition, portion of the replacement housing of this factor first, then it will not be disposition, or conversion in order for factor funds but instead will continue to eligible for vouchers to replace the units the housing authority to be eligible for be available for all modernization needs. involved. Relocation of tenants to other the replacement housing factor. In the public housing does not disqualify a C. Procedures case of developments that are the PHA from application of this factor to subject of mandatory conversion (under 1. Comments on Universal Applicability replace those hard units. The units Section 202 of the Omnibus renovated or replaced with funds In the preamble to the proposed rule, Consolidated Rescissions and received under the replacement housing it was stated that a PHA must request Appropriations Act of 1996), HUD factor may not have received funding, use of the replacement housing factor approves a conversion plan before the however, under the public housing when updating its annual formula PHA is eligible. development program, Major characteristics report. The rule text, at In the annual letter transmitting to Reconstruction of Obsolete Public § 968.103(e)(3) and (f)(4), did not repeat PHAs the annual formula amount for Housing (MROP), or HOPE VI program the requirement that a PHA request use the period from October 1, 1996 through for the purpose of replacement housing of the factor. Commenters differed on September 30, 1997, the Department has or accelerated renovation. They may not the preferred resolution of this already asked PHAs that had receive future HOPE VI funds for this difference. One PHA preferred that the demolitions, dispositions, and purpose, either. replacement housing factor only be conversions during that period whether 5. Comments on Amount of Funding applied to those PHAs that specifically they want to have the factor applied. request it, while an organization The data used to determine the One PHA expressed reservations recommended that the factor be applied about the adequacy of the funding applicability of the factor to a particular automatically to every PHA that would PHA is found in HUD’s own systems, resulting from the replacement housing be eligible. factor as described to support including information garnered from This element is particularly important plans for demolition, disposition, and replacement of twenty percent of the to the first year of its applicability, since units demolished, disposed of, or conversion approved by HUD and some PHAs may already have returned validated by the PHA. converted. It proposed an alternative for the information for the period ending on determining the amount of funding to be September 30, 1997, and therefore may D. Additional constraints preserved: not using the amount that a not have requested use of the factor for 1. Comments particular PHA would have received if which they will be eligible under a final it had not reduced its number of units, rule. Improvements suggested to the but on the aggregate amount of funding proposed rule were to require a feasible, that is subject to reduction as a result of 2. HUD Response reasonably specific replacement plan demolition, disposition, or conversion— The rule text has been revised to that includes milestones to be met to allocated among only the PHAs that do correspond to what was described in the avoid recapture of the funds, and to Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46107 limit the funds made available under C. Environmental Impact G. Catalog the factor so that the primary purpose of A Finding of No Significant Impact The Catalog of Federal Domestic modernization funds can still be Assistance number for the program realized. with respect to the environment was made in connection with development affected by this final rule is 14.850. 2. HUD Response of a proposed rule on this subject, in List of Subjects in 24 CFR 968 As clarified in this final rule accordance with HUD regulations at 24 Grant programs—housing and (§§ 968.103(e)(3)(ii)(E) and (f)(4)(ii)(E)), CFR part 50 that implement section community development, Indians, Loan the replacement units must be 102(2)(C) of the National Environmental programs—housing and community constructed in accordance with the Policy Act of 1969 (42 U.S.C. 4332). development, Public housing, Reporting Public Housing Development That Finding of No Significant Impact is and recordkeeping requirements. applicable to this final rule as well, and regulations, 24 CFR 941 (including the Accordingly, part 968 of title 24 of the sanctions under § 941.501), which it is available for public inspection and copying during regular business hours Code of Federal Regulations is amended require submission of a project as follows: development schedule. The (7:30 a.m. to 5:30 p.m.) in the appropriateness of the amount of funds Regulations Division of the Office of PART 968ÐPUBLIC HOUSING subject to this rule has been discussed General Counsel, Room 10276, 451 MODERNIZATION above. Seventh Street, SW, Washington, DC 20410–0500. The authority citation for part 968 E. Additional flexibility continues to read as follows: D. Federalism Impact 1. Comments Authority: 42 U.S.C. 1437d, 1437l, and The General Counsel, as the 3535(d). If a PHA is state-wide, it may prefer Designated Official under section 6(a) of Section 968.103 is amended as the flexibility of being able to provide Executive Order 12612, Federalism, has follows: replacement units in a different determined that the policies contained a. Paragraphs (e)(3) and (e)(4) are community within its jurisdiction than in this rule do not have significant redesignated as paragraphs (e)(4) and the one in which units are being impact on States or their political (e)(5), respectively; demolished, disposed of, or converted. subdivisions, or the relationship b. New paragraphs (e)(3) and (f)(4) are Suggesting that this be permitted, the between the Federal Government and added, to read as follows: PHA asked what area’s Total State and local governments, or on the Development Cost (TDC) limit would be distribution of power and § 968.103 Allocation of funds under section 14. used to establish the replacement responsibilities among the various housing factor funding level. levels of government. As a result, the * * * * * (e) * * * 2. HUD Response rule is not subject to review under the Order. The rule merely preserves (3) Replacement factor to reflect HUD agrees that a multi-jurisdictional funding that otherwise would be lost to backlog need for developments with PHA should be able to replace housing local housing agencies that have demolition, disposition, or conversion where it is most needed within its experienced significant loss of units. occurring on or after October 1, 1996. territory, using the TDC for the area (i) PHAs that have a reduction in where the replacement housing is being E. Unfunded Mandates Reform Act units attributable to demolition, built. disposition, or conversion of units The Secretary, in accordance with the during the period (reflected in data III. Findings and Certifications Unfunded Mandates Reform Act of maintained by HUD) that lowers the 1995, 2 U.S.C. 1532, has reviewed this A. Public Reporting Burden formula unit count for the rule before publication and by Comprehensive Grant formula This final rule contains no new approving it certifies that this rule does calculations qualify for application of a information collection requirements that not impose a Federal mandate that will replacement housing factor, subject to would require review by the Office of result in the expenditure by State, local, satisfaction of criteria stated in Management and Budget under the and tribal governments, in the aggregate, paragraph (e)(3)(ii) of this section. The Paperwork Reduction Act of 1995 (42 or by the private sector, of $100 million factor will be added, where applicable, U.S.C. 3501–3520). An agency may not or more in any one year. for the first five years after such conduct or sponsor, and a person is not F. Regulatory Review reduction, and consists of 50 percent of required to respond to, a collection of the published Total Development Cost information unless the collection The Office of Management and Budget for a two-bedroom unit in a walkup type displays a valid control number. (OMB) reviewed this rule under structure for the period April 3, 1996 Executive Order 12866, Regulatory B. Impact on Small Entities through April 30, 1997, multiplied Planning and Review. OMB determined times the number of units to be The Secretary, in accordance with the that this rule is a ‘‘significant regulatory demolished, disposed of, or converted. Regulatory Flexibility Act (5 U.S.C. action,’’ as defined in section 3(f) of the The total relative backlog need of the 605(b)), has reviewed and approved this Order. Any changes made to this rule as PHA resulting from application of this final rule, and in so doing certifies that a result of that review are clearly replacement factor cannot exceed the this rule will not have a significant identified in the docket file. The docket share it would have had if the economic impact on a substantial file is available for public inspection demolition, disposition, or conversion number of small entities. This final rule between 7:30 a.m. and 5:30 p.m. in the had not taken place. only affects PHAs with 250 or more Regulations Division of the Office of (ii) A PHA is eligible for application units, eligible for formula funding under General Counsel, Room 10276, of this factor only if the PHA satisfies the CGP and primarily affects larger Department of Housing and Urban the following criteria: PHAs, which have experienced the Development, 451 Seventh Street, SW, (A) The PHA requests the application greatest unit reduction. Washington, DC 20410–0500. of the replacement factor; 46108 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

(B) The restored funding that results occurring on or after October 1, 1996. (i) direction of HUD or a court-appointed from the use of the replacement factor PHAs that have a reduction in units receiver, must use an Alternative is used to provide replacement housing attributable to demolition, disposition, Management Entity as defined in § 901.5 (in any year in which replacement or conversion of units during the period of this chapter for development of housing is an eligible activity) or (reflected in data maintained by HUD) replacement housing and must comply accelerated renovation of vacant but that lowers the formula unit count for with any applicable provisions of its viable units, in accordance with the the Comprehensive Grant formula Memorandum of Agreement executed PHA’s five-year action plan, approved calculations qualify for application of a with HUD under that part; and by HUD (see § 968.315); replacement housing factor, subject to (E) Any development of replacement (C) The PHA does not receive funding satisfaction of criteria stated in housing by any PHA must be done in under the public housing development; paragraph (f)(4)(ii) of this section. The accordance with part 941 of this Major Reconstruction of Obsolete Public factor will be added, where applicable, chapter. Housing, or HOPE VI programs for the for the first five years after such (iii) If the PHA does not use the units developed or modernized with reduction, and consists of two percent restored funding that results from the funds received under this replacement of the published Total Development use of the replacement factor to provide housing factor; Cost for a two-bedroom unit in a walkup replacement housing or renovate vacant (D) A PHA that has been determined type structure for the period April 3, units in a timely fashion, in accordance by HUD to be troubled or mod-troubled 1996 through April 30, 1997, multiplied with § 968.125 and § 941.501 of this that is not already under the direction times the number of units to be chapter, and make reasonable progress of HUD or a court-appointed receiver, in demolished, disposed of, or converted. on such use of the funding, in accordance with part 901 of this The total relative accrual need of the accordance with § 968.335(a)(3) and chapter, must use an Alternative PHA resulting from application of this § 941.501, HUD may require appropriate Management Entity as defined in § 901.5 replacement factor cannot exceed the corrective action under § 968.335 and of this chapter for development of share it would have had if the § 941.501; may recapture and reallocate replacement housing and must comply demolition, disposition, or conversion the funds; or may use other remedies with any applicable provisions of its had not taken place. available to HUD. Memorandum of Agreement executed (ii) A PHA is eligible for application * * * * * with HUD under that part; and of this factor only if the PHA satisfies 3. Section 968.112 is amended by (E) Any development of replacement the following criteria: adding a new sentence to the end of housing by any PHA must be done in (A) The PHA requests the application paragraph (f)(4), to read as follows: accordance with part 941 of this of the replacement factor; chapter. (B) The restored funding that results § 968.112 Eligible costs. (iii) If the PHA does not use the from the use of the replacement factor * * * * * restored funding that results from the is used to provide replacement housing (f) * * * use of the replacement factor to provide (in any year in which replacement replacement housing or renovate vacant housing is an eligible activity) or (4) * * * Use of the replacement units in a timely fashion, in accordance accelerated renovation of vacant but reserve is not required for emergencies with § 968.125 and § 941.501 of this viable units, in accordance with the if the amount that otherwise would be chapter, and make reasonable progress PHA’s five-year action plan, approved used from that reserve is an on such use of the funding, in by HUD (see § 968.315); accumulation from application of the accordance with § 968.335(a)(3) and (C) The PHA does not receive funding replacement housing factor (§ 968.103(e) § 941.501, HUD may require appropriate under the public housing development, (3) and (f)(4)) that is necessary so that corrective action under § 968.335 and Major Reconstruction of Obsolete Public replacement housing can be provided § 941.501; may recapture and reallocate Housing, or HOPE VI programs for the efficiently and effectively. the funds; or may use other remedies units developed or modernized with * * * * * available to HUD. funding received under this Dated: August 25, 1998. * * * * * replacement housing factor; Deborah Vincent, (f) * * * (D) A PHA that has been determined General Deputy Assistant Secretary for Public (4) Replacement factor to reflect by HUD to be troubled or mod-troubled, and Indian Housing. accrual need for developments with in accordance with part 901 of this [FR Doc. 98–23144 Filed 8–27–98; 8:45 am] demolition, disposition, or conversion chapter that is not already under the BILLING CODE 4210±33±P federal register August 28,1998 Friday Program; Notice Research InitiativeCompetitiveGrants Applications forFY1999National and ExtensionService Cooperative StateResearch,Education, Agriculture Department of Part III 46109 46110 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

DEPARTMENT OF AGRICULTURE Washington, DC 20250–2299, or via e- I. Conventional Projects mail to: [email protected]. (a) Standard Research Grants: Cooperative State Research, In your comments, please include the Research will be supported that is Education, and Extension Service name of the program and the fiscal year fundamental or mission-linked, and that Applications for FY 1999 National solicitation of applications to which you is conducted by individual Research Initiative Competitive Grants are responding. Comments are requested investigators, co-investigators within the Program within six months from the issuance of same discipline, or multidisciplinary the solicitation of applications. teams. Any State agricultural AGENCY: Cooperative State Research, Comments received after that date will experiment station, college, university, Education, and Extension Service, be considered to the extent practicable. other research institution or USDA. organization, Federal agency, national ACTION: Notice of Availability of Authority and Applicable Regulations laboratory, private organization, Program Description and Solicitation for The authority for this program is corporation, or individual may apply. Proposals submitted by non-United Applications for Fiscal Year 1999 contained in 7 U.S.C. 450i(b). Under States organizations will not be National Research Initiative Competitive this program, subject to the availability considered for support. Grants Program. of funds, the Secretary may award (b) Conferences: Scientific meetings SUMMARY: Applications are invited for competitive research grants, for periods that bring together scientists to identify competitive grant awards in not to exceed five years, for the support research needs, update information, or agricultural, forest, and related of research projects to further the advance an area of research are environmental sciences under the programs of the United States recognized as integral parts of research National Research Initiative (NRI) Department of Agriculture (USDA). efforts. Any State agricultural Competitive Grants Program Regulations applicable to this experiment station, college, university, administered by the Competitive program include the following: (a) The other research institution or Research Grants and Awards regulations governing the NRI, 7 CFR organization, Federal agency, national Management Division, Cooperative State part 3411, which set forth procedures to laboratory, private organization, Research, Education, and Extension be followed when submitting grant corporation, or individual is an eligible Service (CSREES), for fiscal year (FY) proposals, rules governing the applicant in this area. Proposals 1999. evaluation of proposals and the submitted by non-United States FOR FURTHER INFORMATION CONTACT: awarding of grants, and regulations organizations will not be considered for USDA/CSREES/NRI, Stop 2241, 1400 relating to the post-award support. Independence Ave., SW, Washington, administration of grant projects; (b) the II. Agricultural Research Enhancement DC 20250–2241. Phone: (202) 401–5022. USDA Uniform Administrative Awards E-mail: [email protected]. Requirements for Grants and SUPPLEMENTARY INFORMATION: Agreements with Institutions of Higher- To contribute to the enhancement of Education, Hospitals, and Other Non- research capabilities in the research Table of Contents Profit Organizations, 7 CFR part 3019; program areas described herein, Stakeholder Input (c) the USDA Uniform Federal applications are solicited for Authority and Applicable Regulations Assistance Regulations, 7 CFR part Agricultural Research Enhancement Conflicts of Interest 3015; (d) the USDA Uniform Awards. Such applications may be Project Types and Eligibility Requirements Administrative Requirements for Grants submitted by any State agricultural I. Conventional Projects experiment station, college, university, II. Agricultural Research Enhancement and Cooperative Agreements to State Awards and Local Governments, 7 CFR part other research institution or Funding Categories for FY 1999 3016; and (e) 7 U.S.C. 3103, which organization, Federal agency, national Research Opportunities defines ‘‘sustainable agriculture.’’ laboratory, private organization, Application Materials corporation, or individual; however, Materials Available on Internet Conflicts of Interest further eligibility requirements are Electronic Subscription to NRI Documents defined in 7 CFR part 3411.3(d) and NRI Deadline Dates For the purpose of determining restated in the FY 1999 NRI Program Stakeholder Input conflicts of interest in accordance with Description. Applications submitted by CSREES is soliciting comments 7 CFR part 3411.12, the academic and non-United States organizations will not regarding this solicitation of administrative autonomy of an be considered for support. However, applications from any interested party. institution shall be determined by United States citizens applying as These comments will be considered in reference to the January 1998 issue of individuals for Postdoctoral the development of the next request for the Codebook for Compatible Statistical Fellowships may perform all or part of proposals for the program. Such Reporting of Federal Support to the proposed work at a non-United comments will be forwarded to the Universities, Colleges, and Nonprofit States organization. Agricultural Secretary or his designee for use in Institutions, prepared by Quantum Research Enhancement Awards are meeting the requirements of section Research Corporation for the National available in the following categories: 103(c)(2) of the Agricultural Research, Science Foundation. Copies may be (a) Postdoctoral Fellowships Extension, and Education Reform Act of obtained from Quantum Research (b) New Investigator Awards 1998 (Pub. L. 105–185). Written Corporation, 7315 Wisconsin Avenue, (c) Strengthening Awards: Institutions comments should be submitted by first- Suite 400W, Bethesda, MD 20814. in USDA EPSCoR entities are eligible for strengthening awards. For FY class mail to: Office of Extramural Project Types and Eligibility 1999, USDA EPSCoR states consist of Programs; Competitive Research Grants Requirements and Awards Management; USDA– the following: CSREES; STOP 2299; 1400 The project types for which proposals Alaska Independence Avenue, SW, are solicited include: Arkansas Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46111

Connecticut CUNY Mount Sinai School of Medicine University of Virginia Delaware Duke University University of Washington Hawaii Emory University University of Wisconsin Madison Idaho Florida State University Vanderbilt University Maine Georgia Institute of Technology Virginia Polytech Institute and State Mississippi Harvard University University Montana Indiana University Virginia Commonwealth University Nevada Iowa State University of Science and Wake Forest University New Hampshire Technology Washington University New Mexico Johns Hopkins University Wayne State University North Dakota Louisiana State University (All Campuses) Woods Hole Oceanographic Institute Rhode Island Massachusetts Institute of Technology Yeshiva University, New York Medical College of Wisconsin South Carolina See the FY 1999 NRI Program South Dakota Michigan State University Utah New York University Description for complete details on Vermont North Carolina State University at Raleigh programs and eligibility. Northwestern University West Virginia Funding Categories for FY 1999 Wyoming Ohio State University Oregon Health Sciences University CSREES is soliciting proposals, For FY 1999, other USDA-EPSCoR Oregon State University subject to the availability of funds, for entities consist of the following: Pennsylvania State University support of high priority research of Princeton University American Samoa Purdue University importance to agriculture, forestry, and District of Columbia Rockefeller University related environmental sciences, in the Guam Rutgers, the State University of New Jersey following research categories Micronesia Stanford University (ANTICIPATED FY 1999 funding and Northern Marianas State University of New York at Stony Brook ACTUAL FY 1998 funding, rounded to Puerto Rico State University of New York at Buffalo Virgin Islands the $0.1M, follows in parentheses): Texas A&M University • Natural Resources and the Investigators at small and mid-sized Thomas Jefferson University Environment (FY99: $16.3M, FY98: Tufts University institutions (total enrollment of 15,000 $16.3M). or less) may also be eligible for Tulane University • University of Alabama Birmingham Nutrition, Food Quality, and Health Strengthening Awards. An institution in University of Arizona (FY99: $7.4M, FY98: $7.4M). this instance is an organization that University of California Santa Barbara • Plant Systems (FY99: $34.4M, possesses a significant degree of University of California San Francisco FY98: $34.4M). autonomy, as determined by reference University of California Irvine • Animal Systems (FY99: $22.4M, to the January 1998 issue of the University of California San Diego FY98: $22.4M). Codebook for Compatible Statistical University of California Davis • Markets, Trade, and Policy (FY99: Reporting of Federal Support to University of California Los Angeles $3.6M, FY98: $3.6M). University of California Berkeley • New Products and Processes (FY99: Universities, Colleges, and Nonprofit University of Chicago Institutions, prepared by Quantum $6.3M, FY98: $6.3M). University of Cincinnati Support for research opportunities Research Corporation for the National University of Colorado Science Foundation. Copies may be University of Florida listed below may be derived from one or obtained from Quantum Research University of Georgia more of the above funding categories Corporation, 7315 Wisconsin Avenue, University of Illinois Urbana-Champaign based on the nature of the scientific Suite 400W, Bethesda, MD 20814. University of Illinois Chicago topic to be supported. Institutions which are among the top University of Iowa Pursuant to 7 U.S.C. 450i(b)(10), no 100 universities and colleges, except University of Kansas less than 10 percent (FY99: $9.0M, University of Kentucky (All Campuses) FY98: $9.0M) of the available funds those in USDA EPSCoR states, are University of Maryland Baltimore Prof Sch ineligible for strengthening awards. The listed above will be made available for University of Maryland College Park Agricultural Research Enhancement top 100 institutions excluding those in University of Massachusetts Amherst USDA EPSCoR states, as listed in the University of Massachusetts Med Schl Awards (excluding New Investigator table Federal obligations for science and Worcester Awards), and no more than 2 percent engineering research and development University of Medicine and Dentistry of New (FY99: $1.8M, FY98: $1.8M) of the to the 100 universities and colleges Jersey available funds listed above will be receiving the largest amounts, ranked by University of Miami made available for equipment grants. University of Michigan Further, no less than 30 percent (FY99: total amount received, by Agency: fiscal University of Minnesota year 1996 of the Survey of Federal $27.2M, FY98: $27.2M) of the funds University of North Carolina Chapel Hill listed above shall be made available for Science and Engineering Support to University of Pennsylvania Universities, Colleges, and Nonprofit University of Pittsburgh grants for research to be conducted by Institutions (National Science University of Rochester multidisciplinary teams, and no less Foundation, accessible through the University of Southern California than 40 percent (FY99: $36.3M, FY98: Internet at www.nsf.gov/sbe/srs/sfsucni/ University of Texas at Austin $36.3M) of the funds listed above shall start.htm), are as follows: University of Texas Health Science Center be made available for grants for mission- Houston linked systems research. Baylor College of Medicine University of Texas Health Sci. Center San CSREES is prohibited from paying Boston University Antonio indirect costs exceeding 19 per centum California Institute of Technology University of Texas MD Anderson Cancer of the total Federal funds provided Carnegie-Mellon University Center Case Western Reserve University University of Texas Medical Branch under each award on competitively Colorado State University Galveston awarded research grants (7 U.S.C. 3310). Columbia University University of Texas SW Medical Center However, it is expected that Congress, Cornell University Dallas in the Agriculture, Rural Development, 46112 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

Food and Drug Administration, and Food Characterization/Process/Product proposal number indicate the fiscal year Related Agencies Appropriations Act, Research in which the proposal was submitted. 1999, will prohibit CSREES from using Non-Food Characterization/Process/ NRI Annual Report the funds available for the NRI for FY Product Research 1999 to pay indirect costs exceeding 14 Improved Utilization of Wood and The NRI Annual Reports starting with per centum of the total Federal funds Wood Fiber FY 1995 are available. These reports provided under each award on include descriptions of the program AGRICULTURAL SYSTEMS competitively awarded research grants. concept, the authorization, policy, RESEARCH It is expected that Congress, in the inputs to establish research needs, Agriculture, Rural Development, Food (Integrated, multidisciplinary research program execution, and outcomes, and Drug Administration, and Related on agricultural systems) including relevant statistics. Also Agencies Appropriations Act, 1999, will included are examples of recent Application Materials encourage entities to use grant funds to research funded by the NRI. purchase only American-made The FY 1999 NRI Program Electronic Subscription to NRI equipment or products in the case of Description, which contains research Documents any equipment or product that may be topic descriptions, and the NRI authorized to be purchased with the Application Kit, which contains The NRI has set up a mailserver funds provided under this program. detailed instructions on how to apply which will notify subscribers when Research Opportunities and the requisite forms, are available on publications such as its Program the NRI home page, www.reeusda.gov/ Description or Abstracts of Funded The funds appropriated as listed nri. Paper copies of these application Research are available electronically on above will be used to support research materials may be obtained by sending the World Wide Web. Subscribers will grants in the following areas: an e-mail with your name, complete not receive the document itself, but NATURAL RESOURCES AND THE mailing address (not e-mail address), instead will receive an e-mail ENVIRONMENT phone number, and materials that you containing an announcement regarding are requesting to [email protected]. the document’s availability on the NRI Plant Responses to the Environment Materials will be mailed to you (not e- home page. Ecosystem Science mailed) as quickly as possible. Soils and Soil Biology Alternatively, paper copies may be To subscribe: Water Resources Assessment and obtained by writing or calling the office Send an e-mail message to: Protection indicated below. [email protected] NUTRITION, FOOD SAFETY, AND Proposal Services Unit, Office of In the body of the message, include HEALTH Extramural Programs, Cooperative only the words: subscribe nri-epubs State Research, Education, and Improving Human Nutrition for Optimal To unsubscribe: Extension Service, U.S. Department of Health Food Safety Agriculture, STOP 2245, 1400 Send an e-mail message to: ANIMALS Independence Ave., SW, Washington, [email protected] DC 20250–2245, Telephone: (202) In the body of the message, include Animal Reproductive Efficiency 401–5048 only the words: unsubscribe nri- Animal Growth, Development, and epubs Nutrient Utilization Materials Available on Internet Please note that this is not a forum. Animal Genome and Genetic The following are among the materials Messages, other than those related to Mechanisms available on the NRI home page subscription, can not be posted to this Animal Health and Well-Being (www.reeusda.gov/nri). address. PEST BIOLOGY AND MANAGEMENT NRI Program Description NRI Deadline Dates Plant Pathology This document is available for the Entomology and Nematology current fiscal year, and describes all of The following fixed dates have been Weed Biology and Management the NRI funding programs. To apply for established for proposal submission Biologically Based Pest Management a grant, it is also necessary to obtain the deadlines within the NRI. To be NRI Application Kit. considered for funding in any fiscal PLANTS year, proposals must be transmitted by Plant Genome NRI Application Kit the date listed below (as indicated by Plant Genetic Mechanisms This document contains guidelines postmark or date on courier bill of Plant Growth and Development for proposal preparation and the lading). When the deadline date falls on Photosynthesis and Respiration requisite forms. a weekend or Federal holiday, Nitrogen Fixation/Nitrogen Metabolism transmission must be made by the NRI Abstracts of Funded Research following business day. MARKETS, TRADE, AND RURAL The abstracts available on this Programs offered in any fiscal year DEVELOPMENT searchable database are nontechnical depend on availability of funds and Markets and Trade abstracts written by the principal deadlines may be delayed due to Rural Development investigator of each individual grant, unforeseen circumstances. Consult the starting with FY 1993. Each entry also pertinent NRI solicitation in the Federal ENHANCING VALUE AND USE OF includes the title, principal Register, the NRI Program Description, AGRICULTURAL AND FOREST investigator(s), awardee institution, or the NRI home page PRODUCTS dollar amount, and proposal number for (www.reeusda.gov/nri) for up-to-date Value-Added Products Research each grant. The first two digits of the information. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46113

Program Postmarked dates codes Program areas

November 15 ...... 22.1 Plant Responses to the Environment. 23.0 Ecosystem Science. 25.0 Soils and Soil Biology. 26.0 Water Resources Assessment and Protection. 31.0 Improving Human Nutrition for Optimal Health. 51.4 Weed Biology and Management. December 15 ...... 52.1 Plant Genome. 52.2 Plant Genetic Mechanisms. 53.0 Plant Growth and Development. 54.1 Photosynthesis and Respiration. 61.0 Markets and Trade. 62.0 Rural Development. 71.1 Food Characterization/Process/Product Research. 71.2 Non-Food Characterization/Process/Product Research. January 15 ...... 32.0 Food Safety. 41.0 Animal Reproductive Efficiency. 44.0 Animal Health and Well-Being. 51.1 Plant Pathology. 51.2 Entomology and Nematology. 51.7 Biologically Based Pest Management. 73.0 Improved Utilization of Wood and Wood Fiber. February 15 ...... 42.0 Animal Growth, Development, and Nutrient Utilization. 43.0 Animal Genome and Genetic Mechanisms. 54.2 Nitrogen Fixation/Nitrogen Metabolism. 80.1 Research Career Enhancement Awards. 80.2 Equipment Grants. 80.3 Seed Grants. 100.0 Agricultural Systems Research.

PLEASE NOTE: Starting in fiscal year 2000, the submission deadline for the Agricultural Systems (100.0), the Research Career Enhancement Awards (Sabbatical Awards)(80.1), the Equipment Grants (80.2), and the Seed Grants (80.3) programs will be November 15.

Done at Washington, DC, this 21st day of August 1998. Colien Hefferan, Acting Administrator, Cooperative State Research, Education, and Extension Service. [FR Doc. 98–23225 Filed 8–27–98; 8:45 am] BILLING CODE 3410±22±P federal register August 28,1998 Friday Meeting; Notice Dietary GuidelinesAdvisoryCommittee; Services Health andHuman Department of Agricultural ResearchService Agriculture Department of Part IV 46115 46116 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

DEPARTMENT OF AGRICULTURE Departments is chaired by Cutberto Farragut North metro station and three Garza, M.D., Ph.D., Cornell University, blocks from the Farragut West metro Agricultural Research Service Ithaca, New York. Other members are station. Parking is available at local Richard J. Deckelbaum, M.D., Columbia garages. Entry to the building is through Department of Health and Human University, New York, New York; Services the South Lobby Tower. The agenda Johanna T. Dwyer, D.Sc., R.D., Tufts will include (a) orientation, (b) brief Dietary Guidelines Advisory University, Boston, Massachusetts; Scott scientific review and discussion related Committee: Meeting M. Grundy, M.D., Ph.D., University of to the guidelines, and (c) formulation of Texas, Dallas, Texas; Rachel K. Johnson, plans for future work of the Committee. AGENCIES: U.S. Department of Ph.D., R.D., University of Vermont, Agriculture, and U.S. Department of Burlington, Vermont; Shiriki K. Public Participation at Meeting Health and Human Services. Kumanyika, Ph.D., M.P.H., R.D., The meeting is open to the public. ACTION: Dietary Guidelines Advisory University of Illinois at Chicago, Committee: Announcement of Chicago, Illinois; Alice H. Lichtenstein, However, space is limited for all appointment; Notice of meeting; D.Sc., Tufts University Center for Aging, sessions. Written comments from the Opportunity to provide written Boston, Massachusetts; Suzanne P. public will be accepted before or after comment. Murphy, Ph.D., R.D., University of the meeting and may be sent to any of California, Davis, California; Meir J. the individuals named for contact SUMMARY: The Department of Stampfer, M.D., Dr.P.H., Harvard School purpose; opportunities to present oral Agriculture (USDA) and the Department of Public Health, Boston, Massachusetts; comments may be provided at future of Health and Human Services (HHS) (a) Lesley Fels Tinker, Ph.D., R.D., meetings. Please call Shanthy Bowman announce the appointment of the University of Washington, Seattle, (301) 734–5640 by September 15, 1998, Dietary Guidelines Advisory Committee Washington; Roland L. Weinsier, M.D., should you require a sign language to review the 1995 edition of the Dietary Dr.P.H., University of Alabama at interpreter. Guidelines for Americans, (b) provide Birmingham, Birmingham, Alabama. notice of the first meeting of the Written Comment Committee, and (c) solicit written Committee’s Task comments. The appointment of the Committee By this notice, the Committee is DATES: (1) The Committee will meet on reflects the commitment by the soliciting submission of written September 28 and 29, 1998, from 9:00 Departments of Agriculture and Health comments, views, information and data a.m. to 4:30 p.m. on the first day, and and Human Services to provide sound pertinent to review of the Dietary from 9:00 a.m. to 12:30 p.m. on the and current dietary guidance to Guidelines for Americans. Written second day (2) Written comments on the consumers. The National Nutrition comments will be accepted throughout guidelines may be submitted by 5 p.m. Monitoring and Related Research Act of the process. To be considered for the e.d.t. on September 14, 1998, to ensure 1990 (Pub. L. No. 101–445) requires the first meeting, comments should be transmission to the Committee prior to Secretaries of USDA and HHS to submitted by September 14, 1998. this meeting. publish the Dietary Guidelines for Comments should be sent to Shanthy FOR FURTHER INFORMATION CONTACT: Americans at least every five years. The Bowman Ph.D., at Department of Shanthy Bowman, Ph.D., USDA, Dietary Guidelines Advisory Committee Agriculture, Agricultural Research Agricultural Research Service, Nutrient will advise the Secretaries as to whether Service, Nutrient Data Laboratory, 4700 Data Laboratory, 4700 River Road, Unit a revision of the 1995 edition of River Road, Unit 89, Riverdale, MD 89, Riverdale, MD 20737, (301) 734– Nutrition and Your Health: Dietary 20737. 5640; Carole Davis, M.S., R.D., USDA Guidelines for Americans is warranted. Center for Nutrition Policy and If the Committee decides a revision is Dated: August 18, 1998. Promotion, 1120 20th St., NW, Suite 200 warranted, it will recommend revisions Floyd P. Horn, North Lobby, Washington, DC 20036, to the Secretaries for the year 2000 Administrator, Agricultural Research Service, (202) 418–2312; or Kathryn McMurry, edition. Department of Agriculture. M.S. or Linda Meyers, Ph.D., HHS Announcement of Meeting Rajen Anand, Office of Disease Prevention and Health Executive Director, Center for Nutrition Policy Promotion, Office of Public Health and The Committee’s first meeting will be and Promotion, Department of Agriculture. Science, Room 738–G, 200 September 28 and 29, 1998, from 9:00 David Satcher, Independence Ave., SW, Washington, a.m. to 4:30 p.m. on the first day, and DC 20201, (202) 205–4872. from 9:00 a.m. to 12:30 p.m. on the Assistant Secretary for Health and Surgeon General, U.S. Department of Health and SUPPLEMENTARY INFORMATION: second day. The meeting will be held at the Waugh Auditorium located on the Human Services. Dietary Guidelines Advisory Committee third floor of USDA’s Economic [FR Doc. 98–23226 Filed 8–27–98; 8:45 am] The eleven-member Committee Research Service, 1800 M Street NW, BILLING CODE 3410±03±P appointed by the Secretaries of the two Washington DC, one block from federal register August 28,1998 Friday Banks; FinalRule Branches andAgenciesofForeign Extended ExaminationCycleforU.S. 12 CFRPart347 Corporation Federal DepositInsurance 12 CFRPart211 Federal ReserveSystem 12 CFRPart4 Office oftheComptrollerCurrency Department oftheTreasury Part V 46117 46118 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

DEPARTMENT OF THE TREASURY Comments may also be sent by facsimile 1991,2 subjected U.S. branches and transmission to (202) 874–5274 or by agencies of foreign banks to a 12-month Office of the Comptroller of the electronic mail to examination cycle. Section 2214 of the Currency [email protected]. Economic Growth and Regulatory Board: Jennifer J. Johnson, Secretary, Paperwork Reduction Act of 1996 12 CFR Part 4 Board of Governors of the Federal (EGRPRA) 3 amended the IBA to provide [Docket No. 98±11] Reserve System, 20th Street and that U.S. branches and agencies of Constitution Avenue, NW., Washington, foreign banks shall be subject to on-site RIN 1557±AB60 DC 20551, and refer to Docket No. R– examination as frequently as a national 1012. Comments addressed to Ms. or state bank would be by its FEDERAL RESERVE SYSTEM Johnson may also be delivered to the appropriate federal banking agency. In general, national and state banks 12 CFR Part 211 Board’s mail room between 8:45 a.m. and 5:15 p.m., and to the security must be examined every 12 months. [Regulation K; Docket No. R±1012] control room outside of those hours. However, section 111 of the Federal Both the mail room and the security Deposit Insurance Corporation FEDERAL DEPOSIT INSURANCE control room are accessible from the Improvement Act of 1991 4 authorized CORPORATION courtyard entrance on 20th Street an 18-month examination cycle for between Constitution Avenue and C certain national and state banks with a 12 CFR Part 347 Street, NW. Comments may be composite rating of 1 under the Uniform inspected in room MP–500 between Financial Institutions Rating System RIN 3064±AC15 9:00 a.m. and 5:00 p.m., except as (UFIRS) and total assets of $100 million Extended Examination Cycle for U.S. provided in Section 261.14 of the or less. Section 306 of the Riegle Board’s Rules Regarding the Availability Community Development and Branches and Agencies of Foreign 5 Banks of Information. Regulatory Improvement Act of 1994 FDIC: Robert E. Feldman, Executive expanded the availability of the 18- AGENCIES: Office of the Comptroller of Secretary, Attention: Comments/OES, month examination cycle to certain the Currency, Treasury; Board of Federal Deposit Insurance Corporation, national and state banks with a Governors of the Federal Reserve 550 17th Street, NW., Washington, DC composite rating of 1 under UFIRS and System; and the Federal Deposit 20429. Comments may be hand total assets of $250 million or less, as Insurance Corporation. delivered to the guard station at the rear well as to certain national and state ACTION: Interim rule with request for of the 550 17th Street Building (located banks with a composite rating of 2 comment. on F Street) on business days between under UFIRS and total assets of $100 7:00 a.m. and 5:00 p.m. (Fax number million or less. Section 2221 of SUMMARY: The Office of the Comptroller (202) 898–3838; Internet address: EGRPRA 6 provided that anytime after of the Currency (OCC), the Board of [email protected]) Comments may be September 23, 1996, U.S. bank Governors of the Federal Reserve inspected and photocopied in the FDIC supervisory agencies could extend the System (Board), and the Federal Deposit Public Information Center, Room 100, 18-month examination frequency cycle Insurance Corporation (FDIC) 801 17th Street, NW., Washington, DC to certain national and state banks with (collectively, the Agencies) are issuing between 9:00 a.m. and 4:30 p.m. on a composite rating of 2 and total assets this joint interim rule with request for business days. of $250 million or less. Effective April comment to implement the provisions FOR FURTHER INFORMATION CONTACT: 2, 1998, the Agencies issued a final rule related to an extended examination OCC: Martha Clarke, Senior Attorney, that extended the examination cycle to cycle for U.S. branches and agencies of International Activities (202/874–0680); 18 months for certain national and state foreign banks set out in section 2214 of or Howard Blacker, Senior International banks that satisfy the requirements of 7 the Economic Growth and Regulatory Advisor, International Banking & section 2221 of EGRPRA. To be eligible Paperwork Reduction Act of 1996 Finance (202/874–4730). for the extended cycle, the national or (EGRPRA). United States branches and Board: Norah M. Barger, Assistant state bank must: agencies of foreign banks with total Director (202/452–2402), or Joseph J. (a) Have total assets of $250 million assets of $250 million or less are eligible Sciortino, Supervisory Financial or less; (b) Be rated a composite 2 or better to be considered for the 18-month Analyst (202/452–2294), Division of examination cycle if they meet the under the UFIRS; Banking Supervision and Regulation; or (c) Be well capitalized; qualifying criteria set out in this interim Sandra Richardson, Managing Senior rule. The interim rule reduces the (d) Be well managed; Counsel (202/452–6406) or Jonathan D. (e) Not be subject to a formal regulatory burden associated with more Stoloff, Senior Attorney (202/452–3269), frequent on-site examinations for certain enforcement action; and Legal Division. (f) Not have experienced a change of small U.S. branches and agencies of FDIC: Karen Walter, Chief, foreign banks. control during the preceding 12-month International, Division of Supervision period in which a full-scope, on-site DATES: This interim rule is effective (202/898–3540); or Mark Mellon, examination would have been required August 28, 1998. Comments must be Counsel, Regulation and Legislation but for the extended cycle. received by October 27, 1998. Section, Legal Division (202/898–3854). ADDRESSES: Comments should be SUPPLEMENTARY INFORMATION: 2 Pub. L. 102–242, 105 Stat. 2286. directed to: OCC: Communications 3 Pub. L. 104–208, 110 Stat. 3009 (section 2214 is Division, Office of the Comptroller of Background codified at 12 U.S.C. 3105(c)(1)). the Currency, 250 E Street SW., 4 Pub. L. 102–242, 105 Stat. 2236 (section 111 is The International Banking Act of 1978 codified at 12 U.S.C. 1820(d)). 1 Washington, DC 20219, Attention: (the IBA), as amended by the Foreign 5 Pub. L. 103–325, 108 Stat. 2160. Docket No. 98–11. Comments will be Bank Supervision Enhancement Act of 6 Section 2221 is codified at 12 U.S.C. available for public inspection and 1820(d)(10). photocopying at the same location. 1 Pub. L. 95–369, 92 Stat. 607. 7 63 FR 16377 (April 2, 1998). Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46119

In view of the changes to the federal and state law) in an amount not formal enforcement action or order examination frequency of national and less than 108 percent of the preceding issued by an agency, and the other state banks, the Agencies are issuing an quarter’s average third party liabilities discretionary standards described interim rule that similarly extends the and sufficient liquidity is currently above. With regard to the well- examination cycle for certain U.S. available to meet its obligations to third capitalized criterion applicable to U.S. branches and agencies of foreign banks. parties; banks for these purposes, the Agencies Accordingly, U.S. branches and (d) Not be subject to a formal will take into account the foreign bank’s agencies of foreign banks with total enforcement action or order by the capital adequacy ratios, as well as, in assets of $250 million or less may be Board, FDIC or OCC; and appropriate circumstances, whether the considered for an 18-month (e) Not have experienced a change in U.S. offices of the foreign bank have examination cycle provided that they control during the preceding 12-month sufficient eligible assets and liquidity to meet the eligibility criteria described in period in which a full-scope, on-site meet their obligations to third parties. this interim rule. The Agencies are examination would have been required The Agencies believe that evaluating the seeking comment on any aspect of this but for the extended cycle. U.S. branches and agencies of foreign rule. Each agency retains the authority to banks on the basis of the criteria The Agencies believe that an examine a U.S. branch or agency of a described above for purposes of extended examination cycle for eligible foreign bank as frequently as the agency determining eligibility for an expanded U.S. offices of foreign banks will permit deems necessary. Factors that the examination cycle is consistent with the the Agencies to focus their resources on Agencies will consider when deciding requirements of section 2214 of those offices that present the most whether more frequent examinations are EGRPRA. immediate supervisory concern, while necessary include, but are not limited concomitantly reducing the regulatory to, whether: (a) Any of the individual Effective Date of Interim Rule burden on smaller offices that do not components of the ROCA rating of the The Agencies find good cause for pose a similar level of supervisory U.S. office is rated 3 or worse; (b) the issuing this interim rule without prior concern. The Agencies will continue to results of any off-site supervision notice and the opportunity for use off-site supervision techniques, indicate a deterioration in the condition comment, as well as for dispensing with including the submission of regulatory of the office; (c) the size, relative the 30-day delayed effective date reports, to monitor the condition and importance, and role of a particular ordinarily prescribed by the any changes in the risk profile of offices office when reviewed in the context of Administrative Procedure Act (APA), 5 scheduled to be examined on the the foreign bank’s entire U.S. operations U.S.C. 551 et seq. The interim rule extended 18-month cycle. Each agency otherwise necessitates an annual confers a benefit on certain small U.S. retains authority to examine the offices examination (including, for example, branches and agencies of foreign banks of a foreign bank as frequently as the whether the office generates a by reducing the regulatory burden agency deems necessary. significant level of assets that are associated with more frequent on-site booked elsewhere); and (d) the examinations. Conversely, this interim Description of the Interim Rule condition of the foreign bank itself gives rule does not increase the frequency of Under this interim rule, a U.S. branch rise to such a need. In general, the examinations or otherwise increase the or agency of a foreign bank is eligible to Agencies will make their determination regulatory burden for any U.S. branch or be considered for an 18-month whether to apply the 18-month agency of a foreign bank. Such examination cycle if the office meets the examination cycle to a particular U.S. institutions, therefore, are not adversely criteria listed below and if there are no branch or agency based on the overall affected by the interim rule. Under these other factors that cause the appropriate risk assessment for that office, as well as circumstances, the Agencies conclude federal banking agency to examine the the factors noted herein. that prior notice and comment branch or agency more frequently. To Section 2214 of EGRPRA directs that procedures are unnecessary and would qualify for an 18-month examination the U.S. branches and agencies of be contrary to the public interest. 5 cycle, the U.S. branch or agency of a foreign banks should be subject to on- U.S.C. 553(b)(B). foreign bank must: site examinations as often as U.S. banks. In addition, the Agencies have (a) Have total assets of $250 million The criteria for determining eligibility of determined that this interim rule relates or less; U.S. offices of a foreign bank for an to examination schedules, which are a (b) Have received a composite ROCA expanded examination cycle differ in matter of internal agency procedure supervisory rating of 1 or 2 at its most certain respects from the criteria rather than a rule of substantive effect recent examination; 8 applicable to U.S. banks for this on bank activities and authority. See (c) Satisfy the requirements of either purpose. These differences are Donovan v. Wollaston Alloys, Inc., 695 the following paragraph (1) or (2): necessary to adjust for the obvious F.2d 1, 9 (1st Cir. 1982). Determining (1) The foreign bank’s most recently structural differences that exist between when a regulated institution is to be reported capital adequacy position U.S. banks and U.S. offices of foreign examined is based, in part, on examiner consists of, or is equivalent to, Tier 1 banks (e.g., the U.S. offices of foreign availability, the Agencies’ need to plan and risk-based capital ratios of at least banks often constitute only a small part examiner time in advance, and other 6 percent and 10 percent, respectively, of foreign banks’ worldwide operations issues relevant to the internal operations on a consolidated basis; or and the role of the Agencies with regard of the Agencies. Therefore, this interim (2) The branch or agency has to the U.S. offices is limited to that of rule is exempt from the APA’s public maintained on a daily basis over the host country supervisor), as well as the notice requirement. 5 U.S.C. past three quarters, eligible assets supervisory implications that flow from 553(b)(3)(A). (determined consistent with applicable these basic structural differences. The Agencies will use a number of Regulatory Flexibility Act 8 The supervisory rating system for U.S. branches criteria as a proxy for the well-managed An initial regulatory flexibility and agencies of foreign banks is referred to as ROCA. The four components of ROCA are: risk criterion applicable to U.S. banks, analysis under the Regulatory management, operational controls, compliance, and including the ROCA component and Flexibility Act is only required asset quality. composite ratings, the existence of any whenever an agency is required to 46120 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations publish a general notice of proposed List of Subjects (b) 18-month rule for certain small rulemaking for any proposed rule. 5 12 CFR Part 4 institutions—(1) Mandatory standards. U.S.C. 603. As noted previously, the The OCC may conduct a full-scope, on- Agencies have determined that this Banks, banking, Freedom of site examination at least once during proposed rulemaking is exempt from the information, Organization and functions each 18-month period, rather than each requirements of the APA. Accordingly, (Government agencies), Reporting and 12-month period as provided in an initial regulatory flexibility analysis recordkeeping requirements. paragraph (a) of this section, if the is not required. 12 CFR Part 211 Federal branch or AGENCY: (i) Has total assets of $250 million or Even if the Act were to apply, the Exports, Federal Reserve System, interim rule will not have a significant less; Foreign banking, Holding companies, (ii) Has received a composite ROCA economic impact on a substantial Investments, Reporting and supervisory rating (which rates risk number of small entities. The interim recordkeeping requirements. management, operational controls, rule will reduce regulatory burden on compliance, and asset quality) of 1 or 2 eligible U.S. branches and agencies of 12 CFR Part 347 at its most recent examination; foreign banks with assets of $250 Banks, banking, Bank deposit (iii) Satisfies the requirements of million or less. In addition, those insurance, Bank mergers, Credit, either the following paragraph (b)(1)(iii) entities that are not eligible for the Foreign banking, Foreign branches, (A) or (B): exemption from the statutorily Foreign investments, Insured branches, (A) The foreign bank’s most recently prescribed 12-month examination cycle International lending, International reported capital adequacy position will not be adversely affected by the operations, Investments, Reporting and consists of, or is equivalent to, Tier 1 interim rule. recordkeeping requirements. and total risk-based capital ratios of at Paperwork Reduction Act Office of the Comptroller of the least 6 percent and 10 percent, Currency respectively, on a consolidated basis; or In accordance with the Paperwork (B) The branch or agency has 12 CFR Chapter I Reduction Act of 1995 (44 U.S.C. 3506), maintained on a daily basis, over the the Agencies have determined that no Authority and Issuance past three quarters, eligible assets collections of information pursuant to For the reasons set forth in the joint (determined consistent with applicable the Paperwork Reduction Act are preamble, part 4 of chapter I of title 12 federal and state law) in an amount not contained in this interim rule. of the Code of Federal Regulations is less than 108 percent of the preceding quarter’s average third party liabilities OCC Executive Order 12866 Statement amended as follows: and sufficient liquidity is currently The OCC has determined that this PART 4ÐORGANIZATION AND available to meet obligations to third interim rule is not a significant FUNCTIONS, AVAILABILITY AND parties; regulatory action under Executive Order RELEASE OF INFORMATION, (iv) Is not subject to a formal 12866. CONTRACTING OUTREACH enforcement action or order by the PROGRAM Federal Reserve Board, the Federal OCC Unfunded Mandates Act of 1995 Deposit Insurance Corporation, or the Statement 1. The authority citation for part 4 is OCC; and revised to read as follows: (v) Has not experienced a change in Section 202 of the Unfunded Authority: 12 U.S.C. 93a. Subpart A also control during the preceding 12-month Mandates Reform Act of 1995, Pub. L. issued under 5 U.S.C. 552; 12 U.S.C. 481, period in which a full-scope, on-site 104–4, 109 Stat. 48 (March 22, 1995) 1820(d), and 3105(c)(1). Subpart B also examination would have been required (Unfunded Mandates Act), requires that issued under 5 U.S.C. 552; E.O. 12600 (3 but for this section. an agency prepare a budgetary impact CFR, 1987 Comp., p. 235). Subpart C also (2) Discretionary standards. In statement before promulgating a rule issued under 5 U.S.C. 301, 552; 12 U.S.C. 481, 482, 1821(o), 1821(t); 18 U.S.C. 641, determining whether a Federal branch that includes a federal mandate that or agency is eligible for an 18-month may result in the expenditure by state, 1905, 1906; 31 U.S.C. 9701. Subpart D also issued under 12 U.S.C. 1833e. examination cycle pursuant to this local, and tribal governments, in the paragraph (b), the OCC may consider 2. In Subpart A, the heading of § 4.6 aggregate, or by the private sector, of additional factors, including, but not is revised to read as follows: $100 million or more in any one year. limited to, whether: If a budgetary impact statement is § 4.6 Frequency of examination of national (i) Any of the individual components required, section 205 of the Unfunded banks. of the ROCA rating of the Federal Mandates Act also requires an agency to 3. In Subpart A, a new § 4.7 is added branch or agency is rated ‘‘3’’ or worse; identify and consider a reasonable to read as follows: (ii) The results of any off-site number of regulatory alternatives before supervision indicate a deterioration in promulgating a rule. Because the OCC § 4.7 Frequency of examination of Federal the condition of the Federal branch or has determined that this interim rule agencies and branches. agency; will not result in expenditures by state, (a) General. The OCC examines (iii) The size, relative importance, and local, and tribal governments, in the Federal agencies and Federal branches role of a particular office when reviewed aggregate, or by the private sector, of (as these entities are defined in § 28.11 in the context of the foreign bank’s more than $100 million in any one year, (h) and (i), respectively, of this chapter) entire U.S. operations otherwise the OCC has not prepared a budgetary pursuant to the authority conferred by necessitate an annual examination; and impact statement or specifically 12 U.S.C. 3105(c)(1)(C). Except as noted (iv) The condition of the foreign bank addressed the regulatory alternatives in paragraph (b) of this section, the OCC gives rise to such a need. considered. As discussed in the will conduct a full-scope, on-site (c) Authority to conduct more preamble, this interim rule will have the examination of every Federal branch frequent examinations. Nothing in effect of reducing regulatory burden on and agency at least once during each 12- paragraph (a) or (b) of this section limits certain institutions. month period. the authority of the OCC to examine any Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46121

Federal branch or agency as frequently least 6 percent and 10 percent, 2. Section 347.214 is added to subpart as the OCC deems necessary. respectively, on a consolidated basis; or B to read as follows: (2) The branch or agency has Dated: August 12, 1998. § 347.214 Examination of branches of Julie L. Williams, maintained on a daily basis, over the foreign banks. past three quarters, eligible assets Acting Comptroller of the Currency. (determined consistent with applicable (a) Frequency of on-site examination. Authority and Issuance federal and state law) in an amount not Each branch or agency of a foreign bank shall be examined on-site at least once For reasons set forth in the joint less than 108 percent of the preceding quarter’s average third party liabilities during each 12-month period (beginning preamble, the Board amends 12 CFR on the date the most recent examination Part 211 as set forth below: and sufficient liquidity is currently available to meet its obligations to third of the office ended) by: (1) The Board of Governors of the PART 211ÐINTERNATIONAL parties; Federal Reserve System (Board); BANKING OPERATIONS (D) Is not subject to a formal (2) The FDIC, if the branch of the (REGULATION K) enforcement action or order by the foreign bank accepts or maintains Board, FDIC, or OCC; and 1. The authority citation for part 211 insured deposits; (E) Has not experienced a change in continues to read as follows: (3) The Office of the Comptroller of control during the preceding 12-month Authority: 12 U.S.C. 221 et seq., 1818, the Currency (OCC), if the branch or period in which a full-scope, on-site agency of the foreign bank is licensed by 1835a, 1841 et seq., 3101 et seq., and 3901 examination would have been required et seq. the Comptroller; or but for this section. (4) The state supervisor, if the office Subpart BÐForeign Banking (ii) Discretionary standards. In of the foreign bank is licensed or Organizations determining whether a branch or agency chartered by the state. of a foreign bank is eligible for an 18- (b) 18-month cycle for certain small 2. In Subpart B, § 211.26 is amended month examination cycle pursuant to institutions—(1) Mandatory standards. by revising paragraph (c) to read as this paragraph (c)(2), the Board may The FDIC may conduct a full-scope, on- follows: consider additional factors, including, site examination at least once during but not limited to whether: § 211.26 Examination of offices and each 18-month period, rather than each affiliates of foreign banks. (A) Any of the individual components 12-month period as provided in of the ROCA supervisory rating of a paragraph (a) of this section, if the * * * * * branch or agency of a foreign bank is (c) Frequency of on-site branch or Agency: rated ‘‘3’’ or worse; examination—(1) General. Each branch (i) Has total assets of $250 million or (B) The results of any off-site or agency of a foreign bank shall be less; surveillance indicate a deterioration in examined on-site at least once during (ii) Has received a composite ROCA the condition of the office; each 12-month period (beginning on the supervisory rating (which rates risk (C) The size, relative importance, and date the most recent examination of the management, operational controls, role of a particular office when reviewed office ended) by: compliance, and asset quality) of 1 or 2 (i) The Board; in the context of the foreign bank’s at its most recent examination; (ii) The FDIC, if the branch of the entire U.S. operations otherwise (iii) Satisfies the requirement of either foreign bank accepts or maintains necessitate an annual examination; and the following paragraph (b)(1)(iii) (A) or insured deposits; (D) The condition of the foreign bank (B): (iii) The Comptroller, if the branch or gives rise to such a need. (A) The foreign bank’s most recently agency of the foreign bank is licensed by (3) Authority to conduct more reported capital adequacy position the Comptroller; or frequent examinations. Nothing in consists of, or is equivalent to, Tier 1 (iv) The state supervisor, if the office paragraphs (c) (1) and (2) of this section and total risk-based capital ratios of at of the foreign bank is licensed or limits the authority of the Board to least 6 percent and 10 percent, chartered by the state. examine any U.S. branch or agency of a respectively, on a consolidated basis; or (2) 18-month cycle for certain small foreign bank as frequently as it deems (B) The branch or agency has institutions—(i) Mandatory standards. necessary. maintained on a daily basis, over the The Board may conduct a full-scope, on- By order of the Board of Governors of the past three quarters, eligible assets site examination at least once during Federal Reserve System, August 24, 1998. (determined consistent with applicable each 18-month period, rather than each Jennifer J. Johnson, federal and state law) in an amount not less than 108 percent of the preceding 12-month period as required in Secretary of the Board. paragraph (c)(1) of this section, if the quarter’s average third party liabilities branch or Agency: Authority and Issuance and sufficient liquidity is currently (A) Has total assets of $250 million or For the reasons set forth in the joint available to meet its obligations to third less; preamble, the Board of Directors of the parties; (B) Has received a composite ROCA FDIC amends part 347 of chapter III of (iv) Is not subject to a formal supervisory rating (which rates risk title 12 of the Code of Federal enforcement action or order by the management, operational controls, Regulations as follows: Board, FDIC, or the OCC; and compliance, and asset quality) of 1 or 2 (v) Has not experienced a change in at its most recent examination; PART 347ÐINTERNATIONAL control during the preceding 12-month (C) Satisfies the requirement of either BANKING period in which a full-scope, on-site the following paragraph (c)(2)(i)(C) (1) examination would have been required or (2): 1. The authority citation for part 347 but for this section. (1) The foreign bank’s most recently continues to read as follows: (2) Discretionary standards. In reported capital adequacy position Authority: 12 U.S.C. 1813, 1815, 1817, determining whether a branch of a consists of, or is equivalent to, Tier 1 1819, 1820, 1828, 3103, 3104, 3105, 3108; foreign bank is eligible for an 18-month and total risk-based capital ratios of at Title IX, Pub. L. 98–181, 97 Stat. 1153. examination cycle pursuant to this 46122 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations paragraph (b), the FDIC may consider reviewed in the context of the foreign foreign bank as frequently as it deems additional factors, including, but not bank’s entire U.S. operations otherwise necessary. limited to, whether: necessitate an annual examination; and By order of the Board of Directors. (i) Any of the individual components (iv) The condition of the parent of the ROCA supervisory rating of a Dated at Washington, DC, this 7th day of branch of a foreign bank is rated ‘‘3’’ or foreign bank gives rise to such a need. July, 1998. worse; (c) Authority to conduct more Federal Deposit Insurance Corporation. (ii) The results of any off-site frequent examinations. Nothing in James D. LaPierre, monitoring indicate a deterioration in paragraphs (a) and (b) of this section Deputy Executive Secretary. the condition of the branch; limits the authority of the FDIC to [FR Doc. 98–23077 Filed 8–27–98; 8:45 am] (iii) The size, relative importance, and examine any U.S. branch or agency of a role of a particular branch when BILLING CODE 4810±33±P, 6210±01±P, 6714±01±P federal register August 28,1998 Friday Regulations: FinalRule for Early-SeasonMigratoryBirdHunting Migratory BirdHunting;FinalFrameworks 50 CFRPart20 Fish andWildlifeService Interior Department ofthe Part VI 46123 46124 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

DEPARTMENT OF THE INTERIOR 29 supplement also provided detailed Ohio and incorporation of the affected information on the 1998–99 regulatory area into the North Zone beginning in Fish and Wildlife Service schedule and announced the Service the 1998–99 season. Migratory Bird Regulations Committee Service Response: In the past, hunting 50 CFR Part 20 and Flyway Council meetings. seasons in that portion of Ohio had to RIN 1018±AE93 On June 25, 1998, the Service held a be the same as those selected by public hearing in Washington, DC, as Pennsylvania for that portion of Migratory Bird Hunting; Final announced in the March 20 and May 29 Pennsylvania. Beginning this year, the Frameworks for Early-Season Federal Registers to review the status of Pymatuning Area will no longer be Migratory Bird Hunting Regulations migratory shore and upland game birds. included in the Federal waterfowl The Service discussed hunting hunting frameworks as a separate area, AGENCY: Fish and Wildlife Service, regulations for these species and for and will be considered part of Ohio’s Interior. other early seasons. On July 17, 1998, North Zone. ACTION: Final rule. the Service published in the Federal G. Special Seasons/Species Register (63 FR 38700) a third document SUMMARY: Management This rule prescribes final specifically dealing with proposed early-season frameworks which States, early-season frameworks for the 1998– iii. September Teal Seasons Puerto Rico, and the Virgin Islands may 99 season. This rulemaking establishes Council Recommendations: The select season dates, limits, and other final frameworks for early-season options for the 1998–99 migratory bird Atlantic Flyway Council recommended migratory bird hunting regulations for the establishment of an experimental hunting seasons. Early seasons are those the 1998–99 season. which generally open prior to October 1, September teal season option in the and include seasons in Alaska, Hawaii, Review of Flyway Council Atlantic Flyway. States deriving more Puerto Rico, and the Virgin Islands. The Recommendations, Public Comments than 80 percent of their teal harvest effect of this final rule is to facilitate the and the Service’s Responses from the mid-continent regions selection of hunting seasons by the The public comment period for early- (Delaware, Georgia, Florida, Maryland, States and Territories to further the season issues ended on July 31, 1998. North Carolina, Pennsylvania, South annual establishment of the early-season The Service received recommendations Carolina, Virginia, and West Virginia) migratory bird hunting regulations. from all four Flyway Councils. Early- could hold a 9-day season between These selections will be published in season comments are summarized and September 1 and 30 with a daily bag the Federal Register as amendments to discussed in the order used in the limit of 4 teal. The Central Flyway Council §§ 20.101 through 20.107, and § 20.109 March 20 Federal Register. Only the recommended an experimental of title 50 CFR part 20. numbered items pertaining to early September teal season harvest strategy DATES: This rule takes effect on August seasons for which comments were in the nonproduction States of the 28, 1998. received are included. Flyway Council Central Flyway based on the May recommendations shown below include ADDRESSES: States and Territories breeding population index (BPI) of blue- only those involving changes from the should send their season selections to: winged teal. When the BPI of blue- 1997–98 early-season frameworks. For Chief, Office of Migratory Bird winged teal is 4.7 million or greater, the those topics where a Council Management, U.S. Fish and Wildlife Council’s recommended harvest strategy recommendation is not shown, the Service, Department of the Interior, ms would consist of an additional 7 days of Council supported continuing the same 634-ARLSQ, 1849 C Street, NW., hunting (for a total of 16 days). When frameworks as in 1997–98. Washington, DC 20240. The public may the BPI of blue-winged teal is below 4.7 inspect comments during normal General million but remains at or above 3.3 business hours in room 634, Arlington Written Comments: The Humane million, the Council’s recommended Square, 4401 N. Fairfax Drive, harvest strategy would maintain the Arlington, Virginia. Society of the United States (HSUS) recommended all seasons open at noon, current 9-day season. When the BPI of FOR FURTHER INFORMATION CONTACT: Paul mid-week, to reduce the large kills blue-winged teal is below 3.3 million, R. Schmidt, Chief, MBMO, U.S. Fish associated with the traditional Saturday the Council’s recommended harvest and Wildlife Service, (703) 358–1714. openings. They also recommend that strategy would consider closure of SUPPLEMENTARY INFORMATION: hunting during the one-half hour before September teal seasons. Public Hearing Comments: Mr. Robert Regulations Schedule for 1998 sunrise be eliminated. McDowell, representing the Atlantic On March 20, 1998, the Service 1. Ducks Flyway Council, expressed appreciation published in the Federal Register (63 The categories used to discuss issues for authorizing a 9-day September teal FR 13748) a proposal to amend 50 CFR related to duck harvest management are season in a portion of the Atlantic part 20. The proposal dealt with the as follows: (A) General Harvest Strategy, Flyway. However, he asked the Service establishment of seasons, limits, and (B) Framework Dates, (C) Season to reconsider a 16-day teal season. other regulations for migratory game Length, (D) Closed Seasons, (E) Bag Written Comments: The Wisconsin birds under §§ 20.101 through 20.107, Limits, (F) Zones and Split Seasons, and Department of Natural Resources was 20.109, and 20.110 of subpart K. On (G) Special Seasons/Species disappointed in the proposal to offer May 29, 1998, the Service published in Management. Only those categories additional days of teal hunting to the Federal Register (63 FR 29518) a containing substantial recommendations nonproduction States before addressing second document providing are included below. the equatability issue in production supplemental proposals for early-and States. late-season migratory bird hunting F. Zones and Split Seasons One individual from Wisconsin and 1 regulations frameworks and the Written Comments: The Ohio Division from Minnesota urged the Service to proposed regulatory alternatives for the of Wildlife requested elimination of the consider a special teal season for the 1998–99 duck hunting season. The May Pymatuning Waterfowl Hunting Zone in production States. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46125

Service Response: The Service of hunting opportunity in production disappointment that the Service supports the Atlantic Flyway Council’s States is needed. In order to facilitate intended to suspend the September proposal for an experimental 9-day such an evaluation, the Service wood duck season. They pointed out special September teal season in those proposes to host a meeting this fall. The that Tennessee hunters have never States that derive 80% of their teal Service asks Flyway Councils to complained about decreased wood duck harvest from the mid-continent region designate two representatives from each numbers, and that empirical evidence (to include States from Pennsylvania of the three involved Flyways to meet demonstrates that the wood duck and Delaware southward). These States with Office of Migratory Bird population is not experiencing any long- would be required to evaluate the Management staff to design a term declines. Further, Tennessee stated impacts to non-target waterfowl species comprehensive evaluation of blue- that closing the popular 5-day season by conducting hunter performance winged teal biology and harvest would be hard to justify because the surveys. The Service remains concerned management. evaluation of the season could not with the definition of production and conclude whether the season is good or iv. September Teal/Wood Duck Seasons non-production States but will work bad. Tennessee mentioned that the high with the Flyway to establish decision Council Recommendations: The costs associated with regional wood criteria based on historic harvests of Atlantic Flyway Council recommended duck population monitoring will non-target species in other Flyways. The the continuation of the Florida discourage most States from Service strongly encourages as many of September wood duck/teal season on an participating in any monitoring the States as possible to participate in operational basis. programs beyond what is currently the evaluation, as sampling The Lower-Region Regulations being done. They pointed out that requirements will be based on the Committee of the Mississippi Flyway eliminating the September season number of States involved. This season Council recommended that the without a clearly stated harvest will be experimental for a 3-year period experimental September teal/wood duck alternative would stymie any new data- but must include a pre-sunrise seasons in Kentucky and Tennessee be collection efforts. Thus, they requested evaluation in order to have shooting continued in 1998 with no changes from that Tennessee’s September wood duck hours begin 1⁄2-hour before sunrise. The the 1997 season. The Lower-Region season be granted operational status and Service will develop and implement a Regulations Committee further be grandfathered into the existing Memorandum of Agreement (MOA) recommended that if such seasons are frameworks. between the Service and participating suspended, all non-production States The Kentucky Department of Fish and States to stipulate the guidelines and should be permitted to take up to 5 days Wildlife Resources (Kentucky) also implementation of this season. These of the regular season in September. expressed disappointment that the MOAs must be in place before the start Public Hearing Comments: Mr. Robert Service would recommend suspending of any season. McDowell, representing the Atlantic the September wood duck season in The Service also supports the Central Flyway Council expressed appreciation Kentucky. They stated that evaluation of Flyway Council’s proposal for a for approving Florida’s September Duck the season indicated that it met the September-teal-season harvest strategy Season. objective of limiting harvest to local that would provide a 16-day special Written Comments: Representatives wood ducks without negatively season in those States that currently John S. Tanner, John J. Duncan, Harold impacting southern wood duck have operational special September teal Ford, Jr., William Jenkins, Van Hilleary, populations. They recognized that the seasons when blue-winged teal Zach Wamp, Ed Bryant, Bob Clement, conclusions of the evaluation were populations are above 4.7 million. The Bart Gordon, and Senators Fred based on data where the level of evaluation plan submitted by the Thompson and Bill Frist from precision was questionable, but that the Council appears adequate for annual Tennessee requested that the Service data were the best available and should monitoring and assessment of this not close Tennessee’s early wood duck not be discarded. Kentucky emphasized expanded opportunity. Although season. The commenters state that a that data collected by their agency current changes in band-reporting rates decision by the Service to close the indicated no negative impacts on local make interpretation of band-recovery season would appear to be one based on wood duck populations and therefore data difficult, the Service believes that administrative rationale, rather than requested that Kentucky’s September the 4.7 million breeding population sound biology. Further, facts that season be granted operational status and trigger is an adequate threshold for support continuation of the season are: grandfathered into the existing conducting these expanded seasons. (1) the season has been approved for 17 frameworks. In a subsequent letter, they The expanded season also will be years; (2) the Tennessee Wildlife stated that the Service proposal to offered to those States in the Mississippi Resources Agency has met its preseason discontinue the special season after Flyway that currently are offered a banding obligations; and (3) no September 2000 is premature; that such special teal season, under the same downward trends in the wood duck a decision should not be made until a stipulations given to the Central Flyway. populations have been recorded in Flyway harvest strategy is developed. An annual evaluation of pertinent stream-float surveys, summer bandings, The Florida Game and Fresh Water population, habitat, and harvest or the Breeding Bird Survey. Finally, Fish Commission opposed suspension information will be required, with a survival rates for Tennessee wood ducks of the September Wood Duck Seasons final report due after the seasons have are similar to, or higher, than rates based on the Service’s contention that been conducted for 3 years. observed prior to 1981. Roughly one adequate population monitoring was Continuation of the season is third of Tennessee’s waterfowlers lacking. They maintained that their conditional upon the completion of the participate in the early wood duck monitoring programs have not detected annual and final reports. season. The commenters believe that any undue negative effects on local The Service believes that a closing the season would discourage wood duck populations after 17 years. comprehensive review of blue-winged their active involvement in wood duck They believe that if the Service is teal biology, an assessment of the management. comfortable with the regular-season cumulative effects of all teal harvest, The Tennessee Wildlife Resources harvest pressure on wood ducks caused and an evaluation of possible expansion Agency (Tennessee) expressed by several changes in season lengths, 46126 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations then concern over Florida’s September the Flyway level during the regular Senator John T. Traynor of the North season hardly seem warranted. They season. The recently-completed Wood Dakota Senate expressed his support for believe the Service has continued to Duck Population Monitoring Initiative the youth hunt and urged the Service to raise the standard for evaluation long showed that managers have much of the expand the special season to 2 days and after these seasons were initiated and capability needed to monitor wood include geese in the bag limit. did not provide specific criteria. They ducks at the Flyway level. The Service The Delta Waterfowl Foundation maintain that there is no evidence that recognizes that improvements in the supported the expansion of the special Florida’s season is negatively way we develop regular-season youth hunt to 2 days and the inclusion influencing their local wood approaches to wood duck harvest of geese in the bag limit. populations and it appeared as though management are possible. These Service Response: The Service the reason for suspending the seasons improvements should incorporate appreciates the recommendations from was unjustly based on administrative information about the status and the Flyway Councils regarding the convenience rather than biological dynamics of wood ducks. However, continuation of a youth waterfowl concern. there is a need to conduct additional hunting day. Upon establishment of the The Minnesota Department of Natural technical assessments in order to special youth hunting day, the Service Resources opposed hunting develop flyway harvest strategies. The viewed it as a unique educational opportunities that are not offered to Service will coordinate with Flyway opportunity which would help ensure hunters in all States within a flyway. If Councils and Technical Sections to safe, high-quality hunting for future the September wood duck seasons are develop such strategies. generations of Americans. The Service’s suspended, they would not support During the interim period, the Service intent was not to recruit youth hunters, non-production States in the Lower will allow Florida, Kentucky, and but to provide the best and safest Region taking up to 5 days from the Tennessee to hold September wood learning environment for those of our regular season in September. duck seasons for a maximum of 3 more youth who are interested in hunting. The Wisconsin Department of Natural years. After September 2000, the Further, the Service believes that Resources concurred with the Service’s seasons in Florida, Kentucky, and establishing such a day was consistent proposal to manage wood ducks on a Tennessee will be discontinued. Flyway with our responsibility to provide general education and training in the Flyway basis but was concerned with harvest strategies will then be the decision to delay the elimination of wise use of our nation’s valuable implemented for the 2001/02 hunting the special wood duck seasons for wildlife resources. The Service believes season. Should the technical assessment Tennessee, Kentucky, and Florida. the long-term conservation of North be completed sooner, and a Flyway Wisconsin believed that elimination of America’s migratory bird resources strategy be implemented, the September these seasons this year seemed to be depends on the future attitudes and seasons would be suspended at that consistent with Service policy. actions of today’s youth and that the time. The Alabama Waterfowl Association special youth day assists in the indicated that they do not see any v. Youth Hunt formation and development of a reason to suspend the early wood duck conservation ethic in future generations. Council Recommendations: The season and maintain that southern The Service’s intent in establishing this Upper-Region Regulations Committee of States provide habitat enhancement special day is to introduce youth to the the Mississippi Flyway Council projects and deserve to have harvest concepts of ethical utilization and recommended that a special one-day opportunities on locally-reared wood stewardship of waterfowl and other youth waterfowl season include the ducks. natural resources, encourage youngsters A petition letter signed by 110 harvesting of geese. and adults to experience the outdoors individuals from Tennessee stress the The Lower-Region Regulations together, and contribute to the long-term fact that to do away with the wood duck Committee of the Mississippi Flyway conservation of the migratory bird September season would deplete a lot of Council recommended that a special 2- resource. With these intents in mind, interest among several organizations day youth waterfowl season include the there is not a compelling reason to who get involved with nest box harvesting of geese. extend the opportunity an additional programs and habitat improvement The Central Flyway Council day. projects. recommended expansion of the special Additionally, the Service has not Thirty-three individuals from youth waterfowl hunt to 2 consecutive conducted an evaluation of the effects of Tennessee, 14 from Florida, and 9 from days with a legal bag that includes the special youth hunt day to date, nor Kentucky expressed support for geese. does the Service plan to conduct such continuing with the September wood The Pacific Flyway Council an evaluation due to cost/benefit duck seasons to provide hunting recommended continuation of the one- considerations. Because the special 1- opportunities and opposed any action day youth hunt that allows States to day hunt is limited to youths, the by the Service to discontinue these select outside the general season and Service believes that waterfowl seasons. frameworks. The Council further populations can support the limited Service Response: As indicated in the recommended the addition of 1 goose to additional harvest. However, an July 17 Federal Register, after many the bag limit. additional day would potentially double years of trying to develop regional wood Public Hearing Comments: Mr. Robert the effect, which would result in duck population-monitoring programs, McDowell, representing the Atlantic increased uncertainty. attempts to evaluate the experimental Flyway Council, thanked the Service for With regard to geese, the Service September wood duck seasons have providing more hunting opportunity supports the inclusion of the regular- been unsuccessful. Without adequate during the youth hunt day by allowing season daily bag limit for geese in the regional monitoring, special seasons geese to be included in the bag limit. special youth-hunt bag limit. However, that target regional wood duck Written Comments: The Wisconsin there are two considerations that States populations should be discontinued. Department of Natural Resources must consider regarding the inclusion of Instead, wood duck harvest supported continuation of the special geese in the youth hunt: (1) In many management should be approached at youth waterfowl hunt day. cases, States already use the legal limit Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46127 of 107 goose hunting days and the Public Hearing Comments: Mr. Robert and objectives for migrant Canada goose inclusion of geese in the youth day bag McDowell, representing the Atlantic populations. will require a 1-day reduction in the Flyway Council, asked the Service to With regard to the request from regular season length, and (2) all area/ reconsider New York’s proposal to Michigan, the Service concurs. species restrictions would apply, thus expand their early Canada goose season complicating the regulations in areas in the Montezuma area. B. Regular Seasons with species restrictions or area Written Comments: The New York Council Recommendations: The closures. State Department of Environmental Conservation urged the Service to Upper-Region Regulations Committee of 3. Sea Ducks reconsider the extension of the closing the Mississippi Flyway Council Council Recommendations: The date around Montezuma National recommended that the 1998 regular Atlantic Flyway Council recommended Wildlife Refuge. New York believed that goose season opening date be as early as that the Service clarify regulatory the potential harvest of migrant geese in September 26 in Michigan’s Upper language concerning bag limits for sea this small area would be insignificant, Peninsula and September 19 in ducks so that bag limits for these ducks and in accordance with the 10% Wisconsin. during the regular season cannot exceed criterion when compared to the total Service Response: The Service bag limits established in the special sea September goose harvest statewide or concurs with the recommendation. locally. New York further asked for the duck season, whether inside or outside 9. Sandhill Cranes the special sea duck area. same opportunity to evaluate the season Public Hearing Comments: Mr. Robert extension on an experimental basis for Council Recommendations: The McDowell, representing the Atlantic the next 3 years. Central and Pacific Flyway Councils Flyway Council, thanked the Service for The Michigan Department of Natural recommended that the Rocky Mountain agreeing to clarify the sea duck bag Resources requested that the regular Population (RMP) greater sandhill crane limits. Canada goose season be allowed to open hunt in Wyoming’s Area 6 (Park and Written Comments: The HSUS as early as September 19 throughout the Bighorn Counties) become operational recommended the sea duck season State in order to assist in reducing the in 1998. The Councils further either be closed or severely restricted harvest of Mississippi Valley Population recommended that the third year of until more complete information on Canada geese while maintaining or monitoring and data collection for the biology and population status is increasing the harvest of giant Canada experimental hunt be waived. geese. available. Written Comments: The HSUS Service Response: The Service will Service Response: In accordance with the criteria established for early seasons recommends that all crane seasons be continue to work with the Atlantic closed. The HSUS believes that these Flyway Council as they prepare their on resident Canada geese, the harvest of migrant geese cannot exceed 10%. seasons are held largely to sustain management plan for common eiders, hunter interest. and encourages the Flyway to develop Collar observations provided by New management goals for other populations York for 1995–97 exceed this level. Service Response: The Service of sea ducks. The Service believes that Thus, the Service does not support this concurs with the Central and Pacific a conservative approach to sea duck request. The criteria only address the Flyway Council recommendations for hunting is warranted, especially if proportion of collar observations of removal of experimental status of the management plans or goals have not migrant geese without regard to the area RMP greater sandhill crane hunt in Big been adopted. The Service will assess size or number of collars or geese Horn and Park Counties of Wyoming. the appropriateness of current sea duck observed. Based on the evidence The third year of monitoring and data provided by New York, the potential to hunting regulations after finalizing a collection will be waived. harvest AP geese increases substantially report on the status of sea duck Regarding HSUS’s recommendations in late September. The Service populations; changes will be considered for closed seasons, available information recognizes that in some cases a single for the 1999 hunting season. indicates that harvest pressure on cranes observation of a potential migrant may is commensurate with the population 4. Canada Geese exceed the 10% criterion, but at this status and the various crane fine scale, it is very difficult to fully A. Special Seasons management plans. Crane harvest is assess the impacts of expanding the closely monitored by the Service, the Council Recommendations: The season to September 25. The size of the Flyway Councils, and the States and Atlantic Flyway Council recommended hunt area under consideration is the there is no evidence to suggest the that the closing date of the September prerogative of the State and is not a frameworks provided are not goose season around Montezuma specific condition of the criteria to appropriate. National Wildlife Refuge be extended expand the special season on resident from September 15 to 25. Canada geese. The Service believes that 12. Rails The Lower-Region Regulations the decision criteria agreed upon by the Committee of the Mississippi Flyway State and the Atlantic Flyway Council Written Comments: The HSUS Council recommended that the Service are clear. believes that the season length and bag reevaluate criteria for special Canada The criteria for special Canada goose limits for rails are relatively long and goose seasons (early and late), seasons are designed to provide high, respectively, despite indications of particularly as they relate to the additional harvest of locally-nesting declining populations or insufficient cumulative harvest of migrant Canada Canada geese without additional impact data. geese from populations of special on migrant populations. The Service Service Response: Available concern, to insure that the criteria are believes that to date, this objective has information indicates that harvest consistent with management efforts to been achieved; however, the Service pressure on rails is relatively light and increase and/or maintain migrant will continue to monitor harvest there is no evidence to suggest the populations of special concern to/at information with reference to the frameworks provided are not planned objective levels. provisions of the special-season criteria appropriate. 46128 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

13. Snipe Service Response: The Service Regulatory Flexibility Act Written Comments: The HSUS supports the Council’s recommendation In the March 20, 1998, Federal believes that the season length and bag for increased Canada goose bag limits Register, the Service reported measures limits for snipe are relatively long and within the overall dark goose bag limit it took to comply with requirements of high, respectively, despite indications of and the limited season for Canada Geese the Regulatory Flexibility Act. One declining populations or insufficient on Middleton Island with all of the measure was to update the 1996 Small data. conditions recommended by the Pacific Entity Flexibility Analysis (Analysis) Service Response: Available Flyway Council, except the limitation of documenting the significant beneficial information indicates that harvest the method of take to only archery. The economic effect on a substantial number pressure on snipe is relatively light and Service has received no rationale for of small entities. The 1996 Analysis there is no evidence to suggest the limiting the method of take and believes estimated that migratory bird hunters frameworks provided are not to do so without reason would establish would spend between $254 and $592 appropriate. an undesirable precedent. million at small businesses. The Service Regarding the opening date for 16. Mourning Doves has updated the 1996 Analysis with seasons in Alaska, the Service reiterates information from the 1996 National Written Comments: The Louisiana previous responses that hunting Hunting and Fishing Survey. Department of Wildlife and Fisheries pressure on migratory birds is Nationwide, the Service now estimates requested an extension of the framework comparatively light. Many northern that migratory bird hunters will spend closing date from January 15 to January species migrate from the State before between $429 and $1,084 million at 20. seasons open there in September and small businesses in 1998. Copies of the The HSUS recommends reduced there is no evidence to indicate season lengths and bag limits for 1998 Analysis are available upon regulated hunting has adversely request from the Office of Migratory mourning doves in the Eastern and impacted local populations. Central Management Units, given the Bird Management. long-term significant population NEPA Consideration Executive Order (E.O.) 12866 declines. NEPA considerations are covered by Service Response: The Service does This rule is economically significant the programmatic document, ‘‘Final not support Louisiana’s request at this and was reviewed by the Office of Supplemental Environmental Impact time and asks that the issue be Management and Budget (OMB) under Statement: Issuance of Annual incorporated into the mourning dove E.O. 12866. Regulations Permitting the Sport management plan for the Eastern E.O. 12866 requires each agency to Hunting of Migratory Birds (FSES 88– Management Unit, which is currently write regulations that are easy to 14),’’ filed with EPA on June 9, 1988. being prepared. understand. The Service invites Regarding HSUS’s recommendations, The Service published a Notice of comments on how to make this rule available information indicates that Availability in the June 16, 1988, easier to understand, including answers harvest pressure on doves is Federal Register (53 FR 22582). The to questions such as the following: (1) commensurate with the population Service published its Record of Decision Are the requirements in the rule clearly status and there is no evidence to on August 18, 1988 (53 FR 31341). stated? (2) Does the rule contain suggest the frameworks provided are not Copies of these documents are available technical language or jargon that appropriate. from the Service at the address interferes with its clarity? (3) Does the indicated under the caption ADDRESSES. format of the rule (grouping and order 18. Alaska Endangered Species Act Considerations of sections, use of headings, Council Recommendations: The paragraphing, etc.) aid or reduce its Pacific Flyway Council recommended As in the past, the Service designs clarity? (4) Would the rule be easier to an increase in Alaska’s Canada goose hunting regulations to remove or understand if it were divided into more daily bag and possession limit from 1 alleviate chances of conflict between (but shorter) sections? (5) Is the and 2 to 3 and 6, respectively, within migratory game bird hunting seasons description of the rule in the overall dark goose bag and possession and the protection and conservation of ‘‘Supplementary Information’’ section of limits of 4 and 8 in Alaska Game endangered and threatened species. the preamble helpful in understanding Management Subunit (GMU) 9(E) Consultations have been conducted to the proposed rule? What else could the (Alaska Peninsula) and Unit 18 (Y–K ensure that actions resulting from these Service do to make the rule easier to Delta). regulatory proposals will not likely understand? The Pacific Flyway Council jeopardize the continued existence of Send a copy of any comments that recommended an archery-only Canada endangered or threatened species or concern how this rule could be made goose hunt on Middleton Island, Alaska result in the destruction or adverse easier to understand to: Office of (GMU 6); by registration permit only, modification of their critical habitat. Regulatory Affairs, Department of the with no more than 10 permits; Findings from these consultations are Interior, Room 7229, 1849 C Street, mandatory goose identification class, included in a biological opinion and N.W., Washington, D.C. 20240. check-in, and check-out; season dates of may cause modification of some Comments may also be e-mailed to: September 28 to December 16; bag and regulatory measures previously [email protected]. possession limit of 1; season to close if proposed. The final frameworks reflect Congressional Review incidental harvest includes 5 dusky any modifications. The Service’s Canada geese. biological opinions resulting from its In accordance with Section 251 of the Written Comments: The HSUS Section 7 consultation are public Small Business Regulatory Enforcement recommended that the opening date for documents available for public Fairness Act of 1996 (5 U.S.C. 8), this all seasons in Alaska be delayed by 2 inspection in the Service’s Division of rule has been submitted to Congress and weeks so that young birds are able to Endangered Species and MBMO, at the has been declared major. Because this leave natal marshes before being address indicated under the caption rule establishes hunting seasons, this subjected to hunting pressure. ADDRESSES. rule qualifies for an exemption under 5 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46129

U.S.C. 808(1); therefore, the Department property. In fact, these rules allow regulations after this final rulemaking, determines that this rule shall take hunters to exercise privileges that the States would have insufficient time effect immediately. would be otherwise unavailable; and, to select season dates and limits; to therefore, reduce restrictions on the use communicate those selections to the Paperwork Reduction Act of private and public property. Service; and to establish and publicize The Service examined these Federalism Effects the necessary regulations and regulations under the Paperwork procedures to implement their Reduction Act of 1995. The various Due to the migratory nature of certain decisions. recordkeeping and reporting species of birds, the Federal government Therefore, the Service, under requirements imposed under regulations has been given responsibility over these authority of the Migratory Bird Treaty established in 50 CFR Part 20, Subpart species by the Migratory Bird Treaty Act (July 3, 1918), as amended, (16 K, are utilized in the formulation of Act. The Service annually prescribes U.S.C. 703–711), prescribes final migratory game bird hunting frameworks from which the States make frameworks setting forth the species to regulations. Specifically, the selections and employs guidelines to be hunted, the daily bag and possession information collection requirements of establish special regulations on Federal limits, the shooting hours, the season the Migratory Bird Harvest Information Indian reservations and ceded lands. lengths, the earliest opening and latest This process preserves the ability of the Program have been approved by OMB closing season dates, and hunting areas, States and Tribes to determine which and assigned clearance number 1018– from which State conservation agency seasons meet their individual needs. 0015 (expires 08/31/1998). The renewal officials will select hunting season dates Any State or Tribe may be more clearance packet was submitted to OMB and other options. Upon receipt of restrictive than the Federal frameworks July 22, 1998. This information is used season and option selections from these at any time. The frameworks are to provide a sampling frame for officials, the Service will publish in the developed in a cooperative process with voluntary national surveys to improve Federal Register a final rulemaking the States and the Flyway Councils. Service harvest estimates for all amending 50 CFR part 20 to reflect This allows States to participate in the migratory game birds in order to better seasons, limits, and shooting hours for development of frameworks from which manage these populations. The the conterminous United States for the they will make selections, thereby information collection requirements of 1998–99 season. the Sandhill Crane Harvest having an influence on their own The Service therefore finds that ‘‘good Questionnaire have been approved by regulation. These rules do not have a cause’’ exists, within the terms of 5 OMB and assigned clearance number substantial direct effect on fiscal U.S.C. 553(d)(3) of the Administrative 1018–0023 (expires 09/30/2000). The capacity, change the roles or Procedure Act, and these alternatives information from this survey is used to responsibilities of Federal or State will, therefore, take effect immediately estimate the magnitude, the governments, or intrude on State policy upon publication. geographical and temporal distribution or administration. Therefore, in of harvest, and the portion it constitutes accordance with Executive Order 12612, List of Subjects in 50 CFR Part 20 of the total population. The Service may these regulations do not have significant Exports, Hunting, Imports, Reporting not conduct or sponsor, and a person is federalism effects and do not have and recordkeeping requirements, not required to respond to a collection sufficient federalism implications to Transportation, Wildlife. of information unless it displays a warrant the preparation of a Federalism currently valid OMB control number. Assessment. The rules that eventually will be promulgated for the 1998–99 hunting Government-to-Government Unfunded Mandates Reform Act season are authorized under 16 U.S.C. Relationship with Tribes The Service has determined and 703–712 and 16 U.S.C. 742 a–j. In accordance with the President’s certifies in compliance with the Dated: August 14, 1998. memorandum of April 29, 1994, requirements of the Unfunded Mandates Stephen C. Saunders, Act, 2 U.S.C. 1502 et seq., that this ‘‘Government-to-Government Relations with Native American tribal Acting Assistant Secretary for Fish and rulemaking will not impose a cost of Wildlife and Parks. $100 million or more in any given year Governments’’ (59 FR 22951) and 512 on local or State government or private DM 2, we have evaluated possible Final Regulations Frameworks for entities. effects on Federally recognized Indian 1998–99 Early Hunting Seasons on tribes and have determined that there Certain Migratory Game Birds Civil Justice Reform—Executive Order are no effects. 12988 Pursuant to the Migratory Bird Treaty Regulations Promulgation The Department, in promulgating this Act and delegated authorities, the rule, has determined that these The rulemaking process for migratory Department of the Interior approved the regulations meet the applicable game bird hunting must, by its nature, following frameworks which prescribe standards provided in Sections 3(a) and operate under severe time constraints. season lengths, bag limits, shooting 3(b)(2) of Executive Order 12988. However, the Service intends that the hours, and outside dates within which public be given the greatest possible States may select for certain migratory Takings Implication Assessment opportunity to comment on the game birds between September 1, 1998, In accordance with Executive Order regulations. Thus, when the preliminary and March 10, 1999. 12630, these rules, authorized by the proposed rulemaking was published, General Migratory Bird Treaty Act, do not have the Service established what it believed significant takings implications and do were the longest periods possible for Dates: All outside dates noted below not affect any constitutionally protected public comment. In doing this, the are inclusive. property rights. These rules will not Service recognized that when the Shooting and Hawking (taking by result in the physical occupancy of comment period closed, time would be falconry) Hours: Unless otherwise property, the physical invasion of of the essence. That is, if there were a specified, from one-half hour before property, or the regulatory taking of any delay in the effective date of these sunrise to sunset daily. 46130 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

Possession Limits: Unless otherwise Compensatory Days in the Atlantic those in effect last year, but are subject specified, possession limits are twice Flyway: In the Atlantic Flyway States of to change during the late-season the daily bag limit. Connecticut, Delaware, Maine, regulations process. The remainder of Maryland, Massachusetts, New Jersey, the regular duck season may not begin Flyways and Management Units North Carolina, Pennsylvania, Virginia, before October 10. Waterfowl Flyways and West Virginia, where Sunday Special Youth Waterfowl Hunting Day Atlantic Flyway—includes hunting is prohibited statewide by State Outside Dates: States may select 1 day Connecticut, Delaware, Florida, Georgia, law, all Sundays are closed to all take per duck-hunting zone, designated as Maine, Maryland, Massachusetts, New of migratory waterfowl (including ‘‘Youth Waterfowl Hunting Day,’’ in Hampshire, New Jersey, New York, mergansers and coots). addition to their regular duck seasons. North Carolina, Pennsylvania, Rhode Special September Teal Season The day must be held outside any Island, South Carolina, Vermont, Outside Dates: Between September 1 regular duck season on a weekend, Virginia, and West Virginia. and September 30, an open season on holiday, or other non-school day when Mississippi Flyway—includes all species of teal may be selected by the youth hunters would have the Alabama, Arkansas, Illinois, Indiana, following States in areas delineated by maximum opportunity to participate. Iowa, Kentucky, Louisiana, Michigan, State regulations: The day may be held up to 14 days Minnesota, Mississippi, Missouri, Ohio, Atlantic Flyway—Delaware, Georgia, before or after any regular duck-season Tennessee, and Wisconsin. Maryland, North Carolina, Central Flyway—includes Colorado frameworks or within any split of a Pennsylvania, South Carolina, Virginia, (east of the Continental Divide), Kansas, regular duck season, or within any other and West Virginia. All seasons are Montana (Counties of Blaine, Carbon, open season on migratory birds. experimental. Daily Bag Limits: The daily bag limit Fergus, Judith Basin, Stillwater, Mississippi Flyway—Alabama, may include ducks, geese, mergansers, Sweetgrass, Wheatland, and all counties Arkansas, Illinois, Indiana, Kentucky, coots, moorhens, and gallinules and east thereof), Nebraska, New Mexico Louisiana, Mississippi, Missouri, Ohio, would be the same as that allowed in (east of the Continental Divide except and Tennessee. the regular season. Flyway species and the Jicarilla Apache Indian Reservation), Central Flyway—Colorado (part), area restrictions would remain in effect. North Dakota, Oklahoma, South Dakota, Kansas, New Mexico (part), Oklahoma, Shooting Hours: One-half hour before Texas, and Wyoming (east of the and Texas. sunrise to sunset. Continental Divide). Hunting Seasons and Daily Bag Participation Restrictions: Youth Pacific Flyway—includes Alaska, Limits: Not to exceed 9 consecutive days hunters must be 15 years of age or Arizona, California, Idaho, Nevada, in the Atlantic Flyway and 16 younger. In addition, an adult at least 18 Oregon, Utah, Washington, and those consecutive days in the Mississippi and years of age must accompany the youth portions of Colorado, Montana, New Central Flyways. The daily bag limit is hunter into the field. This adult could Mexico, and Wyoming not included in 4 teal. not duck hunt but may participate in the Central Flyway. other seasons that are open on the Shooting Hours Management Units special youth day. Atlantic Flyway—One-half hour Mourning Dove Management Units before sunrise to sunset, if evaluated; Scoter, Eider, and Oldsquaw Ducks (Atlantic Flyway) Eastern Management Unit—All States otherwise sunrise to sunset. east of the Mississippi River, and Mississippi and Central Flyways— Outside Dates: Between September 15 Louisiana. One-half hour before sunrise to sunset, and January 20. Central Management Unit—Arkansas, except in the States of Arkansas, Hunting Seasons and Daily Bag Colorado, Iowa, Kansas, Minnesota, Illinois, Indiana, Missouri, and Ohio, Limits: Not to exceed 107 days, with a Missouri, Montana, Nebraska, New where the hours are from sunrise to daily bag limit of 7, singly or in the Mexico, North Dakota, Oklahoma, South sunset. aggregate of the listed sea-duck species, of which no more than 4 may be scoters. Dakota, Texas, and Wyoming. Special September Duck Seasons Western Management Unit—Arizona, Daily Bag Limits During the Regular California, Idaho, Nevada, Oregon, Utah, Florida: A 5-consecutive-day season Duck Season: Within the special sea and Washington. may be selected in September. The daily duck areas, during the regular duck bag limit may not exceed 4 teal and season in the Atlantic Flyway, States Woodcock Management Regions wood ducks in the aggregate. may choose to allow the above sea duck Eastern Management Region— Kentucky and Tennessee: In lieu of a limits in addition to the limits applying Connecticut, Delaware, Florida, Georgia, special September teal season, a 5- to other ducks during the regular duck Maine, Maryland, Massachusetts, New consecutive-day season may be selected season. In all other areas, sea ducks may Hampshire, New Jersey, New York, in September. The daily bag limit may be taken only during the regular open North Carolina, Pennsylvania, Rhode not exceed 4 teal and wood ducks in the season for ducks and are part of the Island, South Carolina, Vermont, aggregate, of which no more than 2 may regular duck season daily bag (not to Virginia, and West Virginia. be wood ducks. exceed 4 scoters) and possession limits. Central Management Region— Iowa: Iowa may hold up to 5 days of Areas: In all coastal waters and all Alabama, Arkansas, Illinois, Indiana, its regular duck hunting season in waters of rivers and streams seaward Iowa, Kansas, Kentucky, Louisiana, September. All ducks which are legal from the first upstream bridge in Maine, Michigan, Minnesota, Mississippi, during the regular duck season may be New Hampshire, Massachusetts, Rhode Missouri, Nebraska, North Dakota, Ohio, taken during the September segment of Island, Connecticut, and New York; in Oklahoma, South Dakota, Tennessee, the season. The September season any waters of the Atlantic Ocean and in Texas, and Wisconsin. segment may commence no earlier than any tidal waters of any bay which are Other geographic descriptions are the Saturday nearest September 20 separated by at least 1 mile of open contained in a later portion of this (September 19). The daily bag and water from any shore, island, and document. possession limits will be the same as emergent vegetation in New Jersey, Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46131

South Carolina, and Georgia; and in any Central Flyway Regular Goose Seasons waters of the Atlantic Ocean and in any General Seasons Regular goose seasons may open as tidal waters of any bay which are early as September 19 in Wisconsin and Canada goose seasons of up to 15 days separated by at least 800 yards of open Michigan. In Wisconsin, and in during September 1–15 may be selected. water from any shore, island, and Michigan for all geese except Canada The daily bag limit may not exceed 5 emergent vegetation in Delaware, geese, season lengths and bag and Canada geese. Areas open to the hunting Maryland, North Carolina and Virginia; possession limits will be the same as of Canada geese must be described, and provided that any such areas have those in effect last year, but are subject delineated, and designated as such in been described, delineated, and to change during the late-season each State’s hunting regulations. designated as special sea-duck hunting regulations process. In Michigan, for areas under the hunting regulations Pacific Flyway Canada goose seasons opening adopted by the respective States. September 19, the season may extend General Seasons Special Early Canada Goose Seasons for 16 days. The daily bag limit will be Wyoming may select an 8-day season 2 Canada geese, except that in the South Atlantic Flyway on Canada geese between September 1– Zone, during that portion of the season General Seasons 15. This season is subject to the that overlaps the duck season, the daily bag limit will be one Canada goose. Canada goose seasons of up to 15 days following conditions: Provision for seasons opening October 3 during September 1–15 may be selected 1. Where applicable, the season must or later will be contained in the late- for the Montezuma Region of New York; be concurrent with the September season frameworks. the Lake Champlain Region of New portion of the sandhill crane season. York and Vermont; the Eastern Unit of 2. All participants must have a valid Sandhill Cranes Maryland; Delaware; and Crawford State permit for the special season. Regular Seasons in the Central Flyway County in Pennsylvania. Seasons not to 3. A daily bag limit of 2, with season exceed 20 days during September 1–20 and possession limits of 4 will apply to Outside Dates: Between September 1 may be selected for the Northeast Hunt the special season. and February 28. Unit of North Carolina. Seasons may not Oregon may select a special Canada Hunting Seasons: Seasons not to exceed 25 days during September 1–25 goose season of up to 15 days during the exceed 58 consecutive days may be in the remainder of the Flyway, except period September 1–15. In addition, in selected in designated portions of the Georgia and Florida, where the season is the NW goose management zone, a 15- following States: Colorado, Kansas, closed. Areas open to the hunting of day season may be selected during the Montana, North Dakota, South Dakota, Canada geese must be described, period September 1–20. Any portion of and Wyoming. Seasons not to exceed 93 delineated, and designated as such in the season selected between September consecutive days may be selected in each State’s hunting regulations. 16 and 20 will be considered designated portions of the following Daily Bag Limits: Not to exceed 5 experimental. Daily bag limits may not States: New Mexico, Oklahoma, and Canada geese. exceed 5 Canada geese. In the NW goose Texas. zone, at a minimum, Oregon must Experimental Seasons Daily Bag Limits: 3 sandhill cranes. provide an annual evaluation of the Permits: Each person participating in Experimental Canada goose seasons of number of dusky Canada geese present the regular sandhill crane seasons must up to 30 days during September 1–30 in the hunt zone during the period have a valid Federal sandhill crane may be selected by New Jersey, New September 16–20 and agree to adjust hunting permit in their possession York (Long Island Zone), North Carolina seasons as necessary to avoid any while hunting. (except in the Northeast Hunt Unit), and potential harvest of dusky Canada geese. South Carolina. Experimental Canada Washington may select a special Special Seasons in the Central and goose seasons of up to 25 days during Canada goose season of up to 15 days Pacific Flyways September 1–25 may be selected in during the period September 1–15. Arizona, Colorado, Idaho, Montana, Crawford County, Pennsylvania. Areas Daily bag limits may not exceed 3 New Mexico, Utah, and Wyoming may open to the hunting of Canada geese Canada geese. select seasons for hunting sandhill must be described, delineated, and Idaho may select a 15-day season in cranes within the range of the Rocky designated as such in each State’s the special East Canada Goose Zone, as Mountain Population subject to the hunting regulations. described in State regulations, during following conditions: Daily Bag Limits: Not to exceed 5 the period September 1–15. All Outside Dates: Between September 1 Canada geese. participants must have a valid State and January 31. Mississippi Flyway permit and the total number of permits Hunting Seasons: The season in any issued is not to exceed 110 for this zone. State or zone may not exceed 30 days. General Seasons The daily bag limit is 2. Bag limits: Not to exceed 3 daily and Canada goose seasons of up to 15 days Idaho may select a 7-day Canada 9 per season. during September 1–15 may be selected, Goose Season during the period Permits: Participants must have a except in the Upper Peninsula in September 1–15 in Nez Perce County, valid permit, issued by the appropriate Michigan, where the season may not with a bag limit of 4. State, in their possession while hunting. extend beyond September 10, and in the California may select a 9-day season Other provisions: Numbers of permits, Michigan Counties of Huron, Saginaw in Humboldt County during the period open areas, season dates, protection and Tuscola, where no special season September 1–15. The daily bag limit is plans for other species, and other may be held. The daily bag limit may 2. provisions of seasons must be consistent not exceed 5 Canada geese. Areas open Areas open to hunting of Canada with the management plan and to the hunting of Canada geese must be geese in each State must be described, approved by the Central and Pacific described, delineated, and designated as delineated, and designated as such in Flyway Councils. Seasons in Idaho are such in each State’s hunting regulations. each State’s hunting regulations. experimental. 46132 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

Common Moorhens and Purple between the Saturday nearest September Central Management Unit Gallinules 22 (September 19) and January 31. Hunting Seasons and Daily Bag Hunting Seasons and Daily Bag Outside Dates: Between September 1 Limits: Not more than 70 days with a and January 20 in the Atlantic Flyway, Limits: Seasons may not exceed 30 days daily bag limit of 12, or not more than and between September 1 and the in the Atlantic Flyway and 45 days in 60 days with a daily bag limit of 15. Sunday nearest January 20 (January 17) the Central and Mississippi Flyways. in the Mississippi and Central Flyways. The daily bag limit is 3. Seasons may be Zoning and Split Seasons: States may States in the Pacific Flyway have been split into two segments. select hunting seasons in each of two allowed to select their hunting seasons Zoning: New Jersey may select zones. The season within each zone may between the outside dates for the season seasons in each of two zones. The be split into not more than three on ducks; therefore, they are late-season season in each zone may not exceed 24 periods. Texas may select hunting frameworks and no frameworks are days. seasons for each of three zones subject provided in this document. to the following conditions: Band-Tailed Pigeons Hunting Seasons and Daily Bag A. The hunting season may be split Limits: Seasons may not exceed 70 days Pacific Coast States (California, Oregon, into not more than two periods, except in the Atlantic, Mississippi, and Central Washington, and Nevada) in that portion of Texas in which the Flyways. Seasons may be split into 2 special white-winged dove season is segments. The daily bag limit is 15 Outside Dates: Between September 15 allowed, where a limited mourning common moorhens and purple and January 1. dove season may be held concurrently gallinules, singly or in the aggregate of Hunting Seasons and Daily Bag the two species. Limits: Not more than 9 consecutive with that special season (see white- days, with bag and possession limits of winged dove frameworks). Rails 2 and 2 band-tailed pigeons, B. A season may be selected for the Outside Dates: States included herein respectively. North and Central Zones between may select seasons between September Zoning: California may select hunting September 1 and January 25; and for the 1 and January 20 on clapper, king, sora, seasons not to exceed 9 consecutive South Zone between September 20 and and Virginia rails. days in each of two zones. The season January 25. Hunting Seasons: The season may not in the North Zone must close by October C. Each zone may have a daily bag exceed 70 days, and may be split into 7. 2 segments. limit of 12 doves (15 under the Four-Corners States (Arizona, Colorado, alternative) in the aggregate, no more Daily Bag Limits New Mexico, and Utah) than 2 of which may be white-tipped Clapper and King Rails—In Rhode doves, except that during the special Island, Connecticut, New Jersey, Outside Dates: Between September 1 white-winged dove season, the daily bag Delaware, and Maryland, 10, singly or and November 30. limit may not exceed 10 white-winged, in the aggregate of the two species. In Hunting Seasons and Daily Bag mourning, and white-tipped doves in Texas, Louisiana, Mississippi, Alabama, Limits: Not more than 30 consecutive the aggregate, of which no more than 5 Georgia, Florida, South Carolina, North days, with a daily bag limit of 5 band- may be mourning doves and 2 may be Carolina, and Virginia, 15, singly or in tailed pigeons. white-tipped doves. the aggregate of the two species. Zoning: New Mexico may select D. Except as noted above, regulations Sora and Virginia Rails—In the hunting seasons not to exceed 20 for bag and possession limits, season Atlantic, Mississippi, and Central consecutive days in each of two zones. length, and shooting hours must be Flyways and the Pacific-Flyway The season in the South Zone may not uniform within each hunting zone. portions of Colorado, Montana, New open until October 1. Mexico, and Wyoming, 25 daily and 25 Western Management Unit in possession, singly or in the aggregate Mourning Doves of the two species. The season is closed Outside Dates: Between September 1 Hunting Seasons and Daily Bag in the remainder of the Pacific Flyway. and January 15, except as otherwise Limits: Idaho, Nevada, Oregon, Utah, and Washington—Not more than 30 Common Snipe provided, States may select hunting seasons and daily bag limits as follows: consecutive days with a daily bag limit Outside Dates: Between September 1 of 10 mourning doves (in Nevada, the and February 28, except in Maine, Eastern Management Unit daily bag limit may not exceed 10 Vermont, New Hampshire, Hunting Seasons and Daily Bag mourning and white-winged doves in Massachusetts, Rhode Island, Limits: Not more than 70 days with a the aggregate). Connecticut, New York, New Jersey, daily bag limit of 12, or not more than Arizona and California—Not more Delaware, Maryland, and Virginia, 60 days with a daily bag limit of 15. than 60 days which may be split where the season must end no later than between two periods, September 1–15 January 31. Zoning and Split Seasons: States may Hunting Seasons and Daily Bag select hunting seasons in each of two and November 1–January 15. In Limits: Seasons may not exceed 107 zones. The season within each zone may Arizona, during the first segment of the days and may be split into two be split into not more than three season, the daily bag limit is 10 segments. The daily bag limit is 8 snipe. periods. The hunting seasons in the mourning and white-winged doves in South Zones of Alabama, Florida, the aggregate, of which no more than 6 American Woodcock Georgia, Louisiana, and Mississippi may may be white-winged doves. During the Outside Dates: States in the Eastern commence no earlier than September remainder of the season, the daily bag Management Region may select hunting 20. Regulations for bag and possession limit is restricted to 10 mourning doves. seasons between October 6 and January limits, season length, and shooting In California, the daily bag limit may 31. States in the Central Management hours must be uniform within specific not exceed 10 mourning and white- Region may select hunting seasons hunting zones. winged doves in the aggregate. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46133

White-Winged and White-tipped Doves and in the Gulf Coast Zone they are 8 hunter and permits must be issued and 24, respectively. The basic limits sequentially, one at a time, upon filing Hunting Seasons and Daily Bag Limits may include no more than 1 canvasback a harvest report. The experimental Except as shown below, seasons in daily and 3 in possession. season evaluation must adhere to the Arizona, California, Florida, Nevada, In addition to the basic limit, there is guidelines for experimental seasons as New Mexico, and Texas must be a daily bag limit of 15 and a possession described in the Pacific Flyway concurrent with mourning dove limit of 30 scoter, common and king Management Plan for the Western seasons. eiders, oldsquaw, harlequin, and Population of (Tundra) Swans. Arizona may select a hunting season common and red-breasted mergansers, of not more than 30 consecutive days, singly or in the aggregate of these Hawaii running concurrently with the first species. Outside Dates: Between October 1 and segment of the mourning dove season. Light Geese—A basic daily bag limit January 31. The daily bag limit may not exceed 10 of 3 and a possession limit of 6. Hunting Seasons: Not more than 65 mourning and white-winged doves in Dark Geese—A basic daily bag limit of days (75 under the alternative) for the aggregate, of which no more than 6 4 and a possession limit of 8. mourning doves. may be white-winged doves. Dark-goose seasons are subject to the Bag Limits: Not to exceed 15 (12 In Florida, the daily bag limit may not following exceptions: under the alternative) mourning doves. exceed 12 mourning and white-winged 1. In Units 9(e) and 18, the limits for doves (15 under the alternative) in the dark geese are 3 daily and 6 in Note: Mourning doves may be taken in aggregate, of which no more than 4 may possession. Hawaii in accordance with shooting hours 2. In Units 5 and 6, the taking of and other regulations set by the State of be white-winged doves. Hawaii, and subject to the applicable In the Nevada Counties of Clark and Canada geese is permitted from provisions of 50 CFR part 20. Nye, and in the California Counties of September 28 through December 16. A Imperial, Riverside, and San special, permit only Canada goose Puerto Rico Bernardino, the daily bag limit may not season may be offered on Middleton Doves and Pigeons exceed 10 mourning and white-winged Island. No more than 10 permits can be doves in the aggregate. issued. A mandatory goose Outside Dates: Between September 1 In New Mexico, the daily bag limit identification class is required. Hunters and January 15. may not exceed 12 mourning and white- must check-in and check-out. Bag limit Hunting Seasons: Not more than 60 winged doves (15 under the alternative) of 1 daily and 1 in possession. Season days. in the aggregate. to close if incidental harvest includes 5 Daily Bag and Possession Limits: Not In Texas, the daily bag limit may not dusky Canada geese. A dusky Canada to exceed 10 Zenaida, mourning, and exceed 12 doves (15 under the goose is any dark-breasted Canada goose white-winged doves in the aggregate. alternative) in the aggregate, of which (Munsell 10 YR color value five or less) Not to exceed 5 scaly-naped pigeons. not more than 2 may be white-tipped with a bill length between 40 and 50 Closed Areas: There is no open season doves. millimeters. on doves or pigeons in the following In addition, Texas may also select a 3. In Unit 10 (except Unimak Island), areas: Municipality of Culebra, hunting season of not more than 4 days the taking of Canada geese is prohibited. Desecheo Island, Mona Island, El Verde for the special white-winged dove area 4. In Unit 9(D) and the Unimak Island Closure Area, and Cidra Municipality of the South Zone between September 1 portion of Unit 10, the limits for dark and adjacent areas. and September 19. The daily bag limit geese are 6 daily and 12 in possession. may not exceed 10 white-winged, Brant—A daily bag limit of 2. Ducks, Coots, Moorhens, Gallinules, and mourning, and white-tipped doves in Common snipe—A daily bag limit of Snipe the aggregate, of which no more than 5 8. Outside Dates: Between October 1 and may be mourning doves and 2 may be Sandhill cranes—A daily bag limit of January 31. white-tipped doves. 3. Hunting Seasons: Not more than 55 Tundra Swans—Open seasons for days may be selected for hunting ducks, Alaska tundra swans may be selected subject to common moorhens, and common snipe. Outside Dates: Between September 1 the following conditions: The season may be split into two and January 26. 1. All seasons are by registration segments. Hunting Seasons: Alaska may select permit only. 107 consecutive days for waterfowl, 2. All season framework dates are Daily Bag Limits sandhill cranes, and common snipe in September 1—October 31. Ducks—Not to exceed 6. each of five zones. The season may be 3. In GMU 18, no more than 500 split without penalty in the Kodiak permits may be issued during the Common moorhens—Not to exceed 6. Zone. The seasons in each zone must be operational season. No more than 3 Common snipe—Not to exceed 8. concurrent. tundra swans permits may be issued per Closed Seasons: The season is closed Closures: The season is closed on hunter and permits must be issued on the ruddy duck, white-cheeked Canada geese from Unimak Pass sequentially one at a time, upon filing pintail, West Indian whistling duck, westward in the Aleutian Island chain. a harvest report. fulvous whistling duck, and masked The hunting season is closed on 4. In GMU 22, no more than 300 duck, which are protected by the Aleutian Canada geese, emperor geese, permits may be issued during the Commonwealth of Puerto Rico. The spectacled eiders, and Steller’s eiders. operational season authorizing each season also is closed on the purple permittee to take 1 tundra swan per gallinule, American coot, and Caribbean Daily Bag and Possession Limits season. coot. Ducks—Except as noted, a basic daily 5. In GMU 23, no more than 300 Closed Areas: There is no open season bag limit of 7 and a possession limit of permits may be issued during the on ducks, common moorhens, and 21 ducks. Daily bag and possession experimental season. No more than 3 common snipe in the Municipality of limits in the North Zone are 10 and 30, tundra swans permits may be issued per Culebra and on Desecheo Island. 46134 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

Virgin Islands season bag and possession limits do not Louisiana apply to falconry. The falconry bag limit Doves and Pigeons North Zone—That portion of the State is not in addition to gun limits. north of Interstate Highway 10 from the Outside Dates: Between September 1 Texas State line to Baton Rouge, and January 15. Area, Unit, and Zone Descriptions Interstate Highway 12 from Baton Rouge Hunting Seasons: Not more than 60 Mourning and White-winged Doves to Slidell and Interstate Highway 10 days for Zenaida doves. Daily Bag and Possession Limits: Not Alabama from Slidell to the Mississippi State line. to exceed 10 Zenaida doves. South Zone—Baldwin, Barbour, Closed Seasons: No open season is South Zone—The remainder of the Coffee, Conecuh, Covington, Dale, State. prescribed for ground or quail doves, or Escambia, Geneva, Henry, Houston, and pigeons in the Virgin Islands. Mobile Counties. Mississippi Closed Areas: There is no open season North Zone—Remainder of the State. South Zone—The Counties of Forrest, for migratory game birds on Ruth Cay George, Greene, Hancock, Harrison, (just south of St. Croix). California Jackson, Lamar, Marion, Pearl River, Local Names for Certain Birds: White-winged Dove Open Areas— Perry, Pike, Stone, and Walthall. Zenaida dove, also known as mountain Imperial, Riverside, and San Bernardino North Zone—The remainder of the dove; bridled quail-dove, also known as Counties. State. Barbary dove or partridge; Common ground-dove, also known as stone dove, Florida Nevada tobacco dove, rola, or tortolita; scaly- Northwest Zone—The Counties of White-winged Dove Open Areas— naped pigeon, also known as red-necked Bay, Calhoun, Escambia, Franklin, Clark and Nye Counties. or scaled pigeon. Gadsden, Gulf, Holmes, Jackson, Texas Ducks Liberty, Okaloosa, Santa Rosa, Walton, Washington, Leon (except that portion North Zone—That portion of the State Outside Dates: Between December 1 north of U.S. 27 and east of State Road north of a line beginning at the and January 31. 155), Jefferson (south of U.S. 27, west of International Bridge south of Fort Hunting Seasons: Not more than 55 Hancock; north along FM 1088 to TX 20; consecutive days. State Road 59 and north of U.S. 98), and Wakulla (except that portion south of west along TX 20 to TX 148; north along Daily Bag Limits: Not to exceed 6. TX 148 to I–10 at Fort Hancock; east Closed Seasons: The season is closed U.S. 98 and east of the St. Marks River). along I–10 to I–20; northeast along I–20 on the ruddy duck, white-cheeked South Zone—Remainder of State. to I–30 at Fort Worth; northeast along I– pintail, West Indian whistling duck, Georgia 30 to the Texas-Arkansas State line. fulvous whistling duck, and masked South Zone—That portion of the State duck. Northern Zone—That portion of the State lying north of a line running west south and west of a line beginning at the Special Falconry Regulations to east along U.S. Highway 280 from International Bridge south of Del Rio, Falconry is a permitted means of Columbus to Wilcox County, thence proceeding east on U.S. 90 to San taking migratory game birds in any State southward along the western border of Antonio; then east on I–10 to Orange, meeting Federal falconry standards in Wilcox County; thence east along the Texas. 50 CFR 21.29(k). These States may southern border of Wilcox County to the Special White-winged Dove Area in select an extended season for taking Ocmulgee River, thence north along the the South Zone—That portion of the migratory game birds in accordance Ocmulgee River to Highway 280, thence State south and west of a line beginning with the following: east along Highway 280 to the Little at the International Bridge south of Del Extended Seasons: For all hunting Ocmulgee River; thence southward Rio, proceeding east on U.S. 90 to methods combined, the combined along the Little Ocmulgee River to the Uvalde; south on U.S. 83 to TX 44; east length of the extended season, regular Ocmulgee River; thence southwesterly along TX 44 to TX 16 at Freer; south season, and any special or experimental along the Ocmulgee River to the western along TX 16 to TX 285 at Hebbronville; seasons shall not exceed 107 days for border of the Jeff Davis County; thence east along TX 285 to FM 1017; any species or group of species in a south along the western border of Jeff southwest along FM 1017 to TX 186 at geographical area. Each extended season Davis County; thence east along the Linn; east along TX 186 to the Mansfield may be divided into a maximum of 3 southern border of Jeff Davis and Channel at Port Mansfield; east along segments. Appling Counties; thence north along the Mansfield Channel to the Gulf of Framework Dates: Seasons must fall the eastern border of Appling County, to Mexico. between September 1 and March 10. the Altamaha River; thence east to the Area with additional restrictions— Daily Bag and Possession Limits: eastern border of Tattnall County; Cameron, Hidalgo, Starr, and Willacy Falconry daily bag and possession limits thence north along the eastern border of Counties. for all permitted migratory game birds Tattnall County; thence north along the Central Zone—That portion of the shall not exceed 3 and 6 birds, western border of Evans to Candler State lying between the North and South respectively, singly or in the aggregate, County; thence west along the southern Zones. during extended falconry seasons, any border of Candler County to the Band-tailed Pigeons special or experimental seasons, and Ohoopee River; thence north along the regular hunting seasons in all States, western border of Candler County to California including those that do not select an Bulloch County; thence north along the North Zone—Alpine, Butte, Del Norte, extended falconry season. western border of Bulloch County to Glenn, Humboldt, Lassen, Mendocino, Regular Seasons: General hunting U.S. Highway 301; thence northeast Modoc, Plumas, Shasta, Sierra, regulations, including seasons and along U.S. Highway 301 to the South Siskiyou, Tehama, and Trinity Counties. hunting hours, apply to falconry in each Carolina line. South Zone—The remainder of the State listed in 50 CFR 21.29(k). Regular- South Zone—Remainder of the State. State. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46135

New Mexico New York Mississippi Flyway North Zone—North of a line following Lake Champlain Zone—The U.S. Illinois U.S. 60 from the Arizona State line east portion of Lake Champlain and that area Northeast Canada Goose Zone—Cook, to I–25 at Socorro and then south along east and north of a line extending along DuPage, Grundy, Kane, Kankakee, I–25 from Socorro to the Texas State NY 9B from the Canadian border to U.S. Kendall, Lake, McHenry, and Will line. 9, south along U.S. 9 to NY 22 south of Counties. South Zone—Remainder of the State. Keesville; south along NY 22 to the west North Zone: That portion of the State shore of South Bay, along and around Washington outside the Northeast Canada Goose the shoreline of South Bay to NY 22 on Zone and north of a line extending east Western Washington—The State of the east shore of South Bay; southeast from the Iowa border along Illinois Washington excluding those portions along NY 22 to U.S. 4, northeast along Highway 92 to Interstate Highway 280, lying east of the Pacific Crest Trail and U.S. 4 to the Vermont border. east along I–280 to I–80, then east along east of the Big White Salmon River in Long Island Zone—That area I–80 to the Indiana border. Klickitat County. consisting of Nassau County, Suffolk Central Zone: That portion of the Woodcock County, that area of Westchester County State outside the Northeast Canada southeast of I–95, and their tidal waters. Goose Zone and south of the North Zone New Jersey Western Zone—That area west of a to a line extending east from the North Zone—That portion of the State line extending from Lake Ontario east Missouri border along the Modoc Ferry north of NJ 70. along the north shore of the Salmon route to Modoc Ferry Road, east along South Zone—The remainder of the River to I–81, and south along I–81 to Modoc Ferry Road to Modoc Road, State. the Pennsylvania border, except for the northeasterly along Modoc Road and St. Montezuma Zone. Leo’s Road to Illinois Highway 3, north Special September Canada Goose Montezuma Zone—Those portions of along Illinois 3 to Illinois 159, north Seasons Cayuga, Seneca, Ontario, Wayne, and along Illinois 159 to Illinois 161, east Atlantic Flyway Oswego Counties north of U.S. Route along Illinois 161 to Illinois 4, north 20, east of NYS Route 14, south of NYS Connecticut along Illinois 4 to Interstate Highway 70, Route 104, and west of NYS Route 34. east along I–70 to the Bond County line, North Zone—That portion of the State Northeastern Zone—That area north north and east along the Bond County north of I–95. of a line extending from Lake Ontario line to Fayette County, north and east east along the north shore of the Salmon Maryland along the Fayette County line to River to I–81, south along I–81 to NY 49, Effingham County, east and south along Eastern Unit—Anne Arundel, Calvert, east along NY 49 to NY 365, east along the Effingham County line to I–70, then Caroline, Cecil, Charles, Dorchester, NY 365 to NY 28, east along NY 28 to east along I–70 to the Indiana border. Harford, Kent, Queen Annes, St. Marys, NY 29, east along NY 29 to I–87, north South Zone: The remainder of Illinois. Somerset, Talbot, Wicomico, and along I–87 to U.S. 9 (at Exit 20), north Worcester Counties, and those portions along U.S. 9 to NY 149, east along NY Iowa of Baltimore, Howard, and Prince 149 to U.S. 4, north along U.S. 4 to the North Zone: That portion of the State George’s Counties east of I–95. Vermont border, exclusive of the Lake north of a line extending east from the Western Unit—Allegany, Carroll, Champlain Zone. Nebraska border along State Highway Frederick, Garrett, Montgomery, and Southeastern Zone—The remaining 175 to State 37, southeast along State 37 Washington Counties, and those portion of New York. to U.S. Highway 59, south along U.S. 59 portions of Baltimore, Howard, and to Interstate Highway 80, then east along North Carolina Prince George’s Counties east of I–95. I–80 to the Illinois border. Northeast Hunt Unit—Counties of Massachusetts South Zone: The remainder of Iowa. Bertie, Camden, Chovan, Currituck, Michigan Western Zone—That portion of the Dare, Hyde, Pasquotank, Perquimans, State west of a line extending south Tyrrell, and Washington. North Zone: The Upper Peninsula. from the Vermont border on I–91 to MA Middle Zone: That portion of the 9, west on MA 9 to MA 10, south on MA South Carolina Lower Peninsula north of a line 10 to U.S. 202, south on U.S. 202 to the Early-season Hunt Unit—Clarendon beginning at the Wisconsin border in Connecticut border. County and those portions of Lake Michigan due west of the mouth of Central Zone—That portion of the Orangeburg County north of SC Stony Creek in Oceana County; then due State east of the Berkshire Zone and Highway 6 and Berkeley County north east to, and easterly and southerly along west of a line extending south from the of SC Highway 45 from the Orangeburg the south shore of, Stony Creek to New Hampshire border on I–95 to U.S. County line to the junction of SC Scenic Drive, easterly and southerly 1, south on U.S. 1 to I–93, south on I– Highway 45 and State Road S–8–31 and along Scenic Drive to Stony Lake Road, 93 to MA 3, south on MA 3 to U.S. 6, west of the Santee Dam. easterly along Stony Lake and Garfield west on U.S. 6 to MA 28, west on MA Roads to Michigan Highway 20, east 28 to I–195, west to the Rhode Island Vermont along Michigan 20 to U.S. Highway 10 border; except the waters, and the lands Lake Champlain Zone: The U.S. Business Route (BR) in the city of 150 yards inland from the high-water portion of Lake Champlain and that area Midland, east along U.S. 10 BR to U.S. mark, of the Assonet River upstream to north and west of a line extending from 10, east along U.S. 10 to Interstate the MA 24 bridge, and the Taunton the New York border along U.S. 4 to VT Highway 75/U.S. Highway 23, north River upstream to the Center St.-Elm St. 22A at Fair Haven; VT 22A to U.S. 7 at along I–75/U.S. 23 to the U.S. 23 exit at bridge shall be in the Coastal Zone. Vergennes; U.S. 7 to the Canadian Standish, east along U.S. 23 to Shore Coastal Zone—That portion of border. Road in Arenac County, east along Massachusetts east and south of the Interior Zone: The remaining portion Shore Road to the tip of Point Lookout, Central Zone. of Vermont. then on a line directly east 10 miles into 46136 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

Saginaw Bay, and from that point on a extending east from the North Dakota along County O to State 109, south and line directly northeast to the Canada border along U.S. Highway 2 to State west along State 109 to State 26, border. Trunk Highway (STH) 32, north along southerly along State 26 to U.S. 12, South Zone: The remainder of STH 32 to STH 92, east along STH 92 southerly along U.S. 12 to State 89, Michigan. to County State Aid Highway (CSAH) 2 southerly along State 89 to U.S. 14, in Polk County, north along CSAH 2 to Minnesota southerly along U.S. 14 to the Illinois CSAH 27 in Pennington County, north border, east along the Illinois border to Twin Cities Metropolitan Canada along CSAH 27 to STH 1, east along the Michigan border in Lake Michigan, Goose Zone— STH 1 to CSAH 28 in Pennington north along the Michigan border in Lake A. All of Hennepin and Ramsey County, north along CSAH 28 to CSAH Michigan to a point directly east of State Counties. 54 in Marshall County, north along 23 in Sheboygan, then west along that B. In Anoka County, all of Columbus CSAH 54 to CSAH 9 in Roseau County, line to the point of beginning on the Township lying south of County State north along CSAH 9 to STH 11, west Lake Michigan shore in Sheboygan. Aid Highway (CSAH) 18, Anoka along STH 11 to STH 310, and north Early-Season Subzone B—That County; all of the cities of Ramsey, along STH 310 to the Manitoba border. Andover, Anoka, Coon Rapids, Spring portion of the State between Early- Two Goose Zone—That portion of the Season Subzone A and a line beginning Lake Park, Fridley, Hilltop, Columbia state lying east of Interstate Highway 35 at the intersection of U.S. Highway 141 Heights, Blaine, Lexington, Circle Pines, and south of the Twin Cities and the Michigan border near Niagara, Lino Lakes, and Centerville; and all of Metropolitan Canada Goose Zone. then south along U.S. 141 to State the city of Ham Lake except that portion Five Goose Zone—That portion of the Highway 22, west and southwest along lying north of CSAH 18 and east of U.S. state not included in the Twin Cities State 22 to U.S. 45, south along U.S. 45 Highway 65. Metropolitan Canada Goose Zone, the to State 22, west and south along State C. That part of Carver County lying Northwest Goose Zone, or the Two 22 to State 110, south along State 110 north and east of the following Goose Zone. described line: Beginning at the to U.S. 10, south along U.S. 10 to State northeast corner of San Francisco Tennessee 49, south along State 49 to State 23, Township; thence west along the north Middle Tennessee Zone—Those west along State 23 to State 73, south boundary of San Francisco Township to portions of Houston, Humphreys, along State 73 to State 60, west along the east boundary of Dahlgren Montgomery, Perry, and Wayne State 60 to State 23, south along State Township; thence north along the east Counties east of State Highway 13; and 23 to State 11, east along State 11 to boundary of Dahlgren Township to U.S. Bedford, Cannon, Cheatham, Coffee, State 78, then south along State 78 to Highway 212; thence west along U.S. Davidson, Dickson, Franklin, Giles, the Illinois border. Highway 212 to State Trunk Highway Hickman, Lawrence, Lewis, Lincoln, Central Flyway (STH) 284; thence north on STH 284 to Macon, Marshall, Maury, Moore, County State Aid Highway (CSAH) 10; Robertson, Rutherford, Smith, Sumner, South Dakota thence north and west on CSAH 10 to Trousdale, Williamson, and Wilson September Canada Goose Unit— CSAH 30; thence north and west on Counties. Brookings, Clark, Codington, Day, East Tennessee Zone—Anderson, CSAH 30 to STH 25; thence east and Deuel, Grant, Hamlin, Kingsbury, Lake, Bledsoe, Bradley, Blount, Campbell, north on STH 25 to CSAH 10; thence McCook, Moody Counties, and Miner Carter, Claiborne, Clay, Cocke, north on CSAH 10 to the Carver County County east of SD 25, and that portion Cumberland, Dekalb, Fentress, Grainger, line. of Minnehaha County north and west of Greene, Grundy, Hamblen, Hamilton, D. In Scott County, all of the cities of a line beginning at the junction of Hancock, Hawkins, Jackson, Jefferson, Shakopee, Savage, Prior Lake, and County 130 (Renner Road) and the Johnson, Knox, Loudon, Marion, Jordan, and all of the Townships of Minnesota border, then west on County McMinn, Meigs, Monroe, Morgan, Jackson, Louisville, St. Lawrence, Sand 130 to I–29 and along I–29 to the Overton, Pickett, Polk, Putnam, Rhea, Creek, Spring Lake, and Credit River. Lincoln County line. E. In Dakota County, all of the cities Roane, Scott, Sequatchie, Sevier, of Burnsville, Eagan, Mendota Heights, Sullivan, Unicoi, Union, Van Buren, Pacific Flyway Mendota, Sunfish Lake, Inver Grove Warren, Washington, and White Idaho Heights, Apple Valley, Lakeville, Counties. Rosemount, Farmington, Hastings, Wisconsin East Zone—Bonneville, Caribou, Lilydale, West St. Paul, and South St. Fremont and Teton Counties. Paul, and all of the Township of Early-Season Subzone A—That Nininger. portion of the State encompassed by a Oregon F. That portion of Washington County line beginning at the Lake Michigan Northwest Zone—Benton, Clackamas, lying south of the following described shore in Sheboygan, then west along Clatsop, Columbia, Lane, Lincoln, Linn, line: Beginning at County State Aid State Highway 23 to State 67, southerly Marion, Polk, Multnomah, Tillamook, Highway (CSAH) 2 on the west along State 67 to County Highway E in Washington, and Yamhill Counties. boundary of the county; thence east on Sheboygan County, southerly along CSAH 2 to U.S. Highway 61; thence County E to State 28, south and west Southwest Zone—Coos, Curry, south on U.S. Highway 61 to State along State 28 to U.S. Highway 41, Douglas, Jackson, Josephine, and Trunk Highway (STH) 97; thence east southerly along U.S. 41 to State 33, Klamath Counties. on STH 97 to the intersection of STH 97 westerly along State 33 to County East Zone—Baker, Gilliam, Malheur, and STH 95; thence due east to the east Highway U in Washington County, Morrow, Sherman, Umatilla, Union and boundary of the State. southerly along County U to County N, Wasco Counties. Northwest Goose Zone (included for southeasterly along County N to State Washington reference only, not a special September 60, westerly along State 60 to County Goose Season Zone)—That portion of Highway P in Dodge County, southerly Southwest Zone—Clark, Cowlitz, the State encompassed by a line along County P to County O, westerly Pacific, and Wahkiakum Counties. Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46137

East Zone—Asotin, Benton, Highway 64 to New Albany, east along 45N22 to U.S. 97 at Grass Lake Summit; Columbia, Garfield, Klickitat, and State Road 62 to State 56, east along south and west along U.S. 97 to I–5 at Whitman Counties. State 56 to Vevay, east and north on the town of Weed; south along I–5 to CA State 156 along the Ohio River to North 89; east and south along CA 89 to the Wyoming Landing, north along State 56 to U.S. junction with CA 49; east and north on Bear River Area—That portion of Highway 50, then northeast along U.S. CA 49 to CA 70; east on CA 70 to U.S. Lincoln County described in State 50 to the Ohio border. 395; south and east on U.S. 395 to the regulations. South Zone: That portion of the State Nevada border. Salt River Area—That portion of between the North and Ohio River Zone Colorado River Zone: Those portions Lincoln County described in State boundaries. of San Bernardino, Riverside, and regulations. Imperial Counties east of a line Iowa Farson-Edon Area—Those portions of extending from the Nevada border south Sweetwater and Sublette Counties North Zone: That portion of the State along U.S. 95 to Vidal Junction; south described in State regulations. north of a line extending east from the on a road known as ‘‘Aqueduct Road’’ Teton Area—Those portions of Teton Nebraska border along State Highway in San Bernardino County through the County described in State regulations. 175 to State 37, southeast along State 37 town of Rice to the San Bernardino- to U.S. Highway 59, south along U.S. 59 Ducks Riverside County line; south on a road to Interstate Highway 80, then east along known in Riverside County as the Atlantic Flyway I–80 to the Illinois border. ‘‘Desert Center to Rice Road’’ to the South Zone: The remainder of Iowa. New York town of Desert Center; east 31 miles on Central Flyway I–10 to the Wiley Well Road; south on Lake Champlain Zone: The U.S. this road to Wiley Well; southeast along portion of Lake Champlain and that area Kansas the Army-Milpitas Road to the Blythe, east and north of a line extending along High Plains Zone: That portion of the Brawley, Davis Lake intersections; south NY 9B from the Canadian border to U.S. State west of U.S. 283. on the Blythe-Brawley paved road to the 9, south along U.S. 9 to NY 22 south of Low Plains Early Zone: That portion Ogilby and Tumco Mine Road; south on Keesville; south along NY 22 to the west of the State east of the High Plains Zone this road to U.S. 80; east seven miles on shore of South Bay, along and around and west of a line extending south from U.S. 80 to the Andrade-Algodones Road; the shoreline of South Bay to NY 22 on the Nebraska border along KS 28 to U.S. south on this paved road to the Mexican the east shore of South Bay; southeast 36, east along U.S. 36 to KS 199, south border at Algodones, Mexico. along NY 22 to U.S. 4, northeast along along KS 199 to Republic County Road Southern Zone: That portion of U.S. 4 to the Vermont border. 563, south along Republic County Road southern California (but excluding the Long Island Zone: That area 563 to KS 148, east along KS 148 to Colorado River Zone) south and east of consisting of Nassau County, Suffolk Republic County Road 138, south along a line extending from the Pacific Ocean County, that area of Westchester County Republic County Road 138 to Cloud east along the Santa Maria River to CA southeast of I–95, and their tidal waters. County Road 765, south along Cloud 166 near the City of Santa Maria; east on Western Zone: That area west of a line County Road 765 to KS 9, west along KS CA 166 to CA 99; south on CA 99 to the extending from Lake Ontario east along 9 to U.S. 24, west along U.S 24 to U.S. crest of the Tehachapi Mountains at the north shore of the Salmon River to 281, north along U.S. 281 to U.S. 36, Tejon Pass; east and north along the I–81, and south along I–81 to the west along U.S. 36 to U.S. 183, south crest of the Tehachapi Mountains to CA Pennsylvania border. along U.S. 183 to U.S. 24, west along 178 at Walker Pass; east on CA 178 to Northeastern Zone: That area north of U.S. 24 to KS 18, southeast along KS 18 U.S. 395 at the town of Inyokern; south a line extending from Lake Ontario east to U.S. 183, south along U.S. 183 to KS on U.S. 395 to CA 58; east on CA 58 to along the north shore of the Salmon 4, east along KS 4 to I–135, south along I–15; east on I–15 to CA 127; north on River to I–81, south along I–81 to NY 49, I–135 to KS 61, southwest along KS 61 CA 127 to the Nevada border. east along NY 49 to NY 365, east along to KS 96, northwest on KS 96 to U.S. 56, Southern San Joaquin Valley NY 365 to NY 28, east along NY 28 to west along U.S. 56 to U.S. 281, south Temporary Zone: All of Kings and NY 29, east along NY 29 to I–87, north along U.S. 281 to U.S. 54, then west Tulare Counties and that portion of along I–87 to U.S. 9 (at Exit 20), north along U.S. 54 to U.S. 283. Kern County north of the Southern along U.S. 9 to NY 149, east along NY Low Plains Late Zone: The remainder Zone. 149 to U.S. 4, north along U.S. 4 to the of Kansas. Balance-of-the-State Zone: The Vermont border, exclusive of the Lake remainder of California not included in Champlain Zone. New Mexico (Central Flyway Portion) the Northeastern, Southern, and Southeastern Zone: The remaining North Zone: That portion of the State Colorado River Zones, and the Southern portion of New York. north of I–40 and U.S. 54. San Joaquin Valley Temporary Zone. South Zone: The remainder of New Mississippi Flyway Canada Geese Mexico. Indiana Michigan Pacific Flyway North Zone: That portion of the State North Zone: The Upper Peninsula. north of a line extending east from the California Middle Zone: That portion of the Illinois border along State Road 18 to Northeastern Zone: That portion of Lower Peninsula north of a line U.S. Highway 31, north along U.S. 31 to the State east and north of a line beginning at the Wisconsin border in U.S. 24, east along U.S. 24 to beginning at the Oregon border; south Lake Michigan due west of the mouth of Huntington, then southeast along U.S. and west along the Klamath River to the Stony Creek in Oceana County; then due 224 to the Ohio border. mouth of Shovel Creek; south along east to, and easterly and southerly along Ohio River Zone: That portion of the Shovel Creek to Forest Service Road the south shore of, Stony Creek to State south of a line extending east from 46N10; south and east along FS 46N10 Scenic Drive, easterly and southerly the Illinois border along Interstate to FS 45N22; west and south along FS along Scenic Drive to Stony Lake Road, 46138 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations easterly along Stony Lake and Garfield U.S. 290; U.S. 290 to Austin; I–35 to the Pribilof and Aleutian Islands Zone— Roads to Michigan Highway 20, east Texas-Oklahoma border. State Game Management Unit 10— along Michigan 20 to U.S. Highway 10 except Unimak Island. North Dakota Business Route (BR) in the city of Kodiak Zone—State Game Midland, east along U.S. 10 BR to U.S. Regular-Season Open Area—That Management Unit 8. 10, east along U.S. 10 to Interstate portion of the State west of U.S. 281. All Migratory Birds in the Virgin Highway 75/U.S. Highway 23, north South Dakota Islands along I–75/U.S. 23 to the U.S. 23 exit at Standish, east along U.S. 23 to Shore Regular-Season Open Area—That Ruth Cay Closure Area—The island of Road in Arenac County, east along portion of the State west of U.S. 281. Ruth Cay, just south of St. Croix. Shore Road to the tip of Point Lookout, Montana All Migratory Birds in Puerto Rico then on a line directly east 10 miles into Saginaw Bay, and from that point on a Regular-Season Open Area—The Municipality of Culebra Closure line directly northeast to the Canada Central Flyway portion of the State Area—All of the municipality of border. except that area south of I–90 and west Culebra. South Zone: The remainder of of the Bighorn River. Desecheo Island Closure Area—All of Michigan. Wyoming Desecheo Island. Mona Island Closure Area—All of Sandhill Cranes Regular-Season Open Area— Mona Island. Campbell, Converse, Crook, Goshen, Central Flyway El Verde Closure Area—Those areas Laramie, Niobrara, Platte, and Weston of the municipalities of Rio Grande and Colorado Counties. Loiza delineated as follows: (1) All Regular-Season Open Area—The Riverton-Boysen Unit—Portions of lands between Routes 956 on the west Central Flyway portion of the State Fremont County. and 186 on the east, from Route 3 on the except the San Luis Valley (Alamosa, Park and Bighorn County Unit— north to the juncture of Routes 956 and Conejos, Costilla, Hinsdale, Mineral, Rio Portions of Park and Bighorn Counties. 186 (Km 13.2) in the south; (2) all lands Grande and Saguache Counties east of Pacific Flyway between Routes 186 and 966 from the the Continental Divide) and North Park juncture of 186 and 966 on the north, to (Jackson County). Arizona the Caribbean National Forest Boundary Special-Season Area—Game on the south; (3) all lands lying west of Kansas Management Units 30A, 30B, 31, and Route 186 for one kilometer from the Regular Season Open Area—That 32. juncture of Routes 186 and 956 south to portion of the State west of a line Km 6 on Route 186; (4) all lands within beginning at the Oklahoma border, Montana Km 14 and Km 6 on the west and the north on I–35 to Wichita, north on I–135 Special-Season Area—See State Caribbean National Forest Boundary on to Salina, and north on U.S. 81 to the regulations. the east; and (5) all lands within the Nebraska border. Utah Caribbean National Forest Boundary New Mexico whether private or public. Special-Season Area—Rich County. Cidra Municipality and adjacent Regular-Season Open Area—Chaves, Wyoming areas—All of Cidra Municipality and Curry, De Baca, Eddy, Lea, Quay, and portions of Aguas, Buenas, Caguas, Roosevelt Counties. Bear River Area—That portion of Cayer, and Comerio Municipalities as Middle Rio Grande Valley Area—The Lincoln County described in State encompassed within the following Central Flyway portion of New Mexico regulations. boundary: beginning on Highway 172 as in Socorro and Valencia Counties. Salt River Area—That portion of it leaves the municipality of Cidra on Southwest Zone—Sierra, Luna, and Lincoln County described in State the west edge, north to Highway 156, Dona Ana Counties. regulations. east on Highway 156 to Highway 1, Eden-Farson Area—Those portions of Oklahoma south on Highway 1 to Highway 765, Sweetwater and Sublette Counties south on Highway 765 to Highway 763, Regular-Season Open Area—That described in State regulations. south on Highway 763 to the Rio portion of the State west of I–35. All Migratory Game Birds in Alaska Guavate, west along Rio Guavate to Highway 1, southwest on Highway 1 to Texas North Zone—State Game Management Highway 14, west on Highway 14 to Regular-Season Open Area—That Units 11–13 and 17–26. Highway 729, north on Highway 729 to portion of the State west of a line from Gulf Coast Zone—State Game Cidra Municipality boundary to the the International Toll Bridge at Management Units 5–7, 9, 14–16, and point of beginning. Brownsville along U.S. 77 to Victoria; 10—Unimak Island only. U.S. 87 to Placedo; Farm Road 616 to Southeast Zone—State Game [FR Doc. 98–23266 Filed 8–27–98; 8:45 am] Blessing; State 35 to Alvin; State 6 to Management Units 1–4. BILLING CODE 4310±55±P federal register August 28,1998 Friday Debt; FinalRule Past-Due, LegallyEnforceableNontax Offset ofTaxRefundPaymentstoCollect 31 CFRPart285 Fiscal Service Treasury Department ofthe Part VII 46139 46140 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

DEPARTMENT OF THE TREASURY site at the following address: http:// financial institution. The commenter www.fms.treas.gov. noted that the rule does not require Fiscal Service SUPPLEMENTARY INFORMATION: agencies to report debts to credit bureaus before submitting them for 31 CFR Part 285 Background collection by tax refund offset. The On June 25, 1997, the Financial commenter suggested that the rule RIN 1510±AA62 Management Service (FMS) published should establish a time frame within in the Federal Register an interim rule which an agency is required to report a Offset of Tax Refund Payments to with request for comments concerning delinquent debt to a credit bureau. Collect Past-Due, Legally Enforceable the tax refund offset procedures This rule does not include credit Nontax Debt applicable to the collection of bureau reporting as a prerequisite for delinquent nontax debt owed to Federal AGENCY: Financial Management Service, participation, or as a requirement for Fiscal Service, Treasury. agencies (62 FR 34175, June 25, 1997). continued participation, in the tax The closing date for the submission of refund offset program. Section 31001(k) ACTION: Final rule. comments was July 25, 1997. of the Debt Collection Improvement Act Since publication of the interim rule, SUMMARY: This final rule adopts the of 1996, Pub. L. 104–134, 110 Stat. interim rule, published in the Federal FMS and the Internal Revenue Service 1321–358 (Apr. 26, 1996), codified at 31 Register on June 25, 1997, concerning have delayed the merger of the tax U.S.C. 3711(e), mandates that agencies the tax refund offset procedures refund offset program with the Treasury report consumer debt to credit bureaus. applicable to the collection of Offset Program to January 1, 1999. Therefore, it is not necessary to address delinquent nontax debt owed to Federal However, the procedural changes credit bureau reporting in the tax refund agencies. affecting the prerequisites to offset program and no change has been participation in the tax refund offset made to the final rule. DATES: This rule is effective September program remain effective for all tax 28, 1998. This rule applies to tax refund refund payments payable after January Adoption as Final Rule payments payable after January 1, 1998. 1, 1998. Therefore, the interim rule may Accordingly, the interim rule adding FOR FURTHER INFORMATION CONTACT: be adopted without changing the 31 CFR part 285 which was published Gerry Isenberg, Financial Program effective date. at 62 FR 34175 on June 25, 1997, is Specialist, at (202) 874–6660; Martin adopted as a final rule without change. Mills, Treasury Offset Program, at (202) Comments on the Interim Rule 874–8700; Ellen Neubauer or Ronda By the close of the comment period, Dated: August 21, 1998. Kent, Senior Attorneys, at (202) 874– FMS received one comment on the Richard L. Gregg, 6680. A copy of this final rule is being interim rule from one organization Commissioner. made available for downloading from commenting on behalf of a provider of [FR Doc. 98–22939 Filed 8–27–98; 8:45 am] the Financial Management Service web tax-related financial services and a BILLING CODE 4810±35±P federal register August 28,1998 Friday Due Support;FinalRule Administrative OffsetÐCollectionofPast- 31 CFRPart285 Fiscal Service Treasury Department ofthe Part VIII 46141 46142 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

DEPARTMENT OF THE TREASURY past-due support, by the administrative FMS continues to work closely with offset of Federal payments. See also HHS to implement procedures Fiscal Service section 31001(z)(1)(B) of the DCIA, necessary to report to the Secretary codified at 31 U.S.C. 3701(b)(2). To information on past-due support debts 31 CFR Part 285 accomplish these goals, Treasury has referred to HHS by States under 31 RIN 1510±AA58 established a centralized offset program, U.S.C. 3716(h) and this rule. HHS known as the Treasury Offset Program issued guidance to all States on August Administrative OffsetÐCollection of (TOP). Under TOP, Federal payments 8, 1997. In addition, FMS is working Past-Due Support are matched against a database of closely with HHS to implement delinquent debtors maintained by FMS. procedures necessary to report to the AGENCY: Financial Management Service, When a match occurs and all of the Secretary information on past-due Fiscal Service, Treasury. prerequisites for offset have been met, support debts referred to HHS by States ACTION: Final rule; adoption of interim the payment is offset to satisfy the debt. for tax refund offset purposes under 42 rule with changes. The TOP will include offsets of all U.S.C. 664 and 26 U.S.C. 6402(c). It is eligible Federal payments, including, as anticipated that States will continue to SUMMARY: The Debt Collection of January 1, 1999, Federal tax refund refer debts to HHS and that HHS will Improvement Act of 1996 (DCIA), payments. report those debts to the Secretary for enacted on April 26, 1996, authorized On September 28, 1996, the President offset from both Federal tax refunds and the Secretary of the Treasury (Secretary) other Federal payments. to collect past-due support by the issued Executive Order 13019 entitled administrative offset of Federal ‘‘Supporting Families: Collecting Public Comments Delinquent Child Support Obligations’’ payments. Executive Order 13019 of FMS received comments from 11 (Executive Order) which requires that September 28, 1996 directed the states and one Federal agency on the the Secretary promptly develop and Secretary to promptly develop and interim rule published on July 7, 1997. implement procedures necessary to implement procedures necessary for the Many of the comments related to collect past-due support debts by collection of past-due support debts by technical questions such as administrative offset. The Executive administrative offset. The Financial specifications for the electronic Order recognizes that the failure of some Management Service (FMS), a bureau of submission of past-due support parents to meet their child support the Department of the Treasury, information. Such questions are not obligations threatens the health, published an interim rule on July 7, addressed in this final rule, but will be education, and well-being of their 1997. This final rule adopts the interim addressed by FMS or HHS in separate children and requires the collection of rule with changes incorporating procedural instructions. Following is a delinquent child support obligations suggestions provided in comments on discussion of the substantive issues from persons who may be entitled or the interim rule. raised in the comments. eligible to receive certain Federal EFFECTIVE DATE: September 28, 1998. payments. FMS published an interim Relationship among Treasury, HHS, and ADDRESSES: Inquiries may be mailed to regulation on July 7, 1997 (62 FR 36205) the States Gerry Isenberg, Financial Program describing the procedures applicable to States will continue to refer debts to Specialist, Debt Management Services, the collection of past-due support debts HHS for the collection of past-due Financial Management Service, by administrative offset of non-tax support through the offset of both Department of the Treasury, 401 14th Federal payments in accordance with 31 Federal tax payments under the tax Street S.W., Room 151, Washington, U.S.C. 3716(h) and the Executive Order. refund offset program (TROP) and other D.C. 20227. A copy of this final rule is Currently, regulations promulgated by Federal payments under administrative being made available for downloading the Internal Revenue Service and the offset (AO). HHS will report these debts from the Financial Management Service Department of Health and Human to Treasury for offset purposes. Though web site at the following address: Services (HHS) govern the offsetting of this rule provides States with the http://www.fms.treas.gov. federal tax refund payments to collect flexibility to refer past-due support FOR FURTHER INFORMATION CONTACT: past due child support as authorized debts directly to FMS, current HHS Gerry Isenberg, Financial Program under 26 U.S.C. 6402 and 42 U.S.C. 664. rules governing programs under Chapter Specialist, at (202) 874–6660; J. Martin See 26 CFR 301.6402–5 and 45 CFR 7, Subchapter IV, Part D (IV–D) of the Mills, Director, Treasury Offset Program, 303.72. Effective January 1, 1999, FMS Social Security Act require States to at (202) 874–8700; Randall S. Lewis, will operate the tax refund offset report past-due support debts to HHS. Attorney-Advisor, at (202) 874–6680. program as part of TOP. FMS will This rule is not intended to supersede SUPPLEMENTARY INFORMATION: publish a regulation governing the existing HHS rules; it merely provides offsetting of tax refund payments to Background flexibility should HHS decide to amend collect past-due support beginning its rules in the future to allow States to The Debt Collection Improvement Act January 1, 1999. In addition, FMS has refer past-due support debts directly to of 1996 (DCIA), Pub. L. 104–134, 110 promulgated or will promulgate other FMS. Stat. 1321–358 et seq. (April 26, 1996), rules governing the offset of Federal requires that disbursing officials of the payments to collect debts other than Relationship between AO and TROP Department of the Treasury and other child support owed to Federal agencies The referral of past-due support to Federal disbursing officials offset and States. FMS anticipates that Part Treasury for collection by AO is Federal payments to collect nontax 285 of this title ultimately will contain voluntary. Therefore, cases submitted delinquent debts owed to the Federal all of the provisions relating to for TROP will not automatically be government. In addition, subsection (h) centralized offset for the collection of processed through AO. The TOP, which of 31 U.S.C. 3716, as added by section debts owed to the Federal Government encompasses both TROP and AO, when 31001(f) of the DCIA, authorizes the and to State governments, including fully developed, will allow States to Secretary of the Treasury (Secretary) to past-due child support being enforced control which debts may be collected by collect debts owed to States, including by States. offset of tax refunds, other Federal Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46143 payments, or both. States also will be § 285.1(a)—Definition of State In response to these comments, FMS, able to control whether a particular type after consulting with HHS, determined of payment, such as Federal salary The public was specifically invited to that this provision of section 285.1(d) of payments, should be offset with respect comment on the impact of including or the final rule will be unchanged from to an individual debtor. excluding legal subdivisions of States in the interim rule. Paragraph 285.1(d) the definition of State. Three States covers all situations that may arise as Comments outside the scope of this rule commented that FMS was correct in not the residence and status of the parties including subdivisions within the change, and is not inconsistent with the Several comments were outside the definition of State. A fourth State FFCCSOA. scope of this rule and have not been indicated that it would prefer to certify Several States also were concerned as addressed. For example, one commenter cases on a statewide basis, but believed to whether the notification requirements was concerned about the reporting of that States which operate on a county that apply when more than one State is past-due support balances exceeding basis should have the discretion to involved create an administrative $5,000 to the Secretary of State for certify cases at the county level. Based burden. One State was particularly purposes of denying passports to the on the comments received and concerned that the notice requirement obligors under 42 U.S.C. 652(k) and discussions with HHS regarding current would result in the creation of a 654(31). Another commenter was procedures for county reporting, FMS separate, unique notification system for concerned that past-due support debts determined that the existing definition these types of cases, and suggested that would be reported to consumer does not create an impediment to the an easier and less burdensome way to reporting agencies by Treasury. Federal collection of past-due support. Counties provide such notices be developed. agencies are not authorized to report seeking to participate may do so by After consulting with HHS, FMS such amounts to consumer reporting reporting through the State’s IV—D determined that the final rule should agencies. FMS also received several program director. Therefore, the remain unchanged. The provision comments regarding choice of law in definition of ‘‘State’’ was not changed to requiring a State to notify other States situations involving more than one include legal subdivisions. involved in enforcing the past-due support when it refers the debt for offset State. Paragraph (d) of this final rule § 285.1(c)—Agreements requires States to certify that they have is necessary to ensure that debts are not complied with all of the requirements of One commenter expressed concern referred by more than one State. this rule, as well as State law and over the amount of time the States will Further, this requirement is consistent procedure. Determination of applicable have to review and approve reciprocal with existing HHS regulations governing State law is outside the scope of this agreements for the referral of past-due the offset of tax refund payments, and, rule, and must be determined under child support. As stated previously, therefore, should not result in the applicable Federal and State law by the FMS anticipates that States will creation of a new, separate reporting system by the States. See 45 CFR States involved in a particular situation. continue to refer past-due support debts to HHS until such time as HHS changes 303.72(d). One State requested that the rule § 285.1(a)—Definition of past-due its rules and reciprocal agreements are include a specific listing of the types of support in place. Currently, there is no need for past-due support that may be submitted reciprocal agreements between FMS and In response to several comments, the for offset against Federal non-tax States for the purpose of referring past- definition of ‘‘past-due support’’ has payments, including statutory citations due support debts. However, should been amended by adding the following for each type of past-due support. Such HHS change its rules to allow States the at the end of the definition included in a list is unnecessary. Unlike the option of referring past-due support the interim rule: ‘‘The term child as statutory authority for offsets against debts directly to FMS, States will be used in this definition is not limited to Federal tax refund payments, which provided the time necessary to review minor children.’’ This amendment includes specific references to 42 U.S.C. and approve any reciprocal agreement clarifies that, unless prohibited by court 608(a)(3), 671(a)(17) and 654(4), the that would be the basis for such statutory authority for offset against order, or by State law or procedure, referrals. past-due support may be collected by other Federal payments does not offsetting the obligor’s nontax Federal § 285.1(d)—Notification to FMS of past- include specific references to the type of payments even after the child has due support past-due support debts that may be reached the age of majority. Compare collected under AO. The only Federal law governing tax refund offset Several States commented that the requirement is that the debt be past-due interim rule should be revised to define which, unlike administrative offset, support being enforced by the State. better which State should submit a debt prohibits collection of past-due support Although FMS currently intends to for offset when a particular past-due (which has not been assigned to a State) accept only those types of past-due support debt involves more than one for a child who has reached the age of support debts that are eligible for offset State. One State commented that HHS majority. See 42 U.S.C. 664(c)(2). against Federal tax payments, FMS will guidance requires that, in non- not apply the age and minimum debt § 285.1(a)—Definition of past-due assignment cases, the case must be amount restrictions applicable to TROP support being enforced by the State submitted by the State in which the to AO. FMS and/or HHS will provide child resides. Another State suggested additional guidance relating to the The definition of ‘‘past-due support that, in assignment cases, the case referral of past-due support collection being enforced by the State’’ has been should be submitted by the State in by AO under this rule. amended to clarify that AO may be used which the custodial parent applied for to collect past-due support debts public assistance. Other States § 285.1(e)—Minimum amount of past- enforced by States pursuant to questioned whether the interim rule is due support cooperative agreements with or by consistent with provisions of 28 U.S.C. Several States commented that the Indian tribal governments. See Section 1738B, Full Faith and Credit for Child $25 threshold for reporting cases for AO 1(b) of the Executive Order. Support Orders Act (FFCCSOA). is too low. FMS has determined that the 46144 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations administrative costs associated with the be revised to make clear that a one-time percentage to be applied, or will be able collection of past-due support debts less notice to a debtor is sufficient. A third to indicate that a particular debt is not than $25 exceed the amount of such State expressed a concern that the to be collected by administrative offset debts. Therefore, it is not cost-effective regulation could result in debtors being of a Federal salary payment. Paragraph for FMS to process debts less than $25. notified that payments were to be offset (j) of the final rule has been revised to States, however, may determine that to pay debts that had not yet accrued. state that, when a lower percentage is to their costs to collect justify a higher As stated in the preamble to the be applied, the State must inform FMS threshold amount for referring debts to interim rule, before a State may report or HHS of the lower percentage at the FMS for offset purposes. Since the increases to the amount of a past-due time the debt is referred for collection referral of past-due support for support debt referred for AO, the State by AO. FMS and/or HHS will provide collection by AO is voluntary, States are must meet the requirements of additional guidance to States regarding not required to refer all debts over $25, paragraph (h) as well as State law and this process. but may establish their own higher procedure; only then has a State met the Another commenter questioned the threshold based on their own cost- due process requirements of Federal law allowable deductions from a Federal effectiveness determination. with respect to the offset of Federal salary payment when calculating the payments set forth in 31 U.S.C. 3716(a). applicable withholding percentage. FMS § 285.1(g)—Notification of changes in A notice to an obligor that includes a adopted the standards of the Consumer status of debt statement to the effect that future Credit Protection Act, 15 U.S.C. 1671 et Eight States commented on the amounts, in addition to the amount seq., as well as the standards of 42 provisions concerning notification of included in the notice, will be collected U.S.C. 659 which apply to the changes in the status of debt. Several by means of AO (i.e., a ‘‘one-time’’ enforcement of individual’s legal comments related specifically to the notice), is sufficient for purposes of obligations to provide child support or amount and/or timing of changes that paragraph (h) only if such a statement make alimony payments by means of must be reported. In the past, it has not meets the notice requirements of income withholding, garnishment, and been necessary for States to report applicable State law as determined by similar proceedings against amounts insignificant decreases in the amounts the State. Thus, no changes to the rule payable to Federal employees. The of debt balances because States were not have been made. exclusions included in this paragraph allowed to report increases in debt One State requested that the provision are consistent with Office of Personnel balances. Insignificant decreases regarding case reviews by the States be Management regulations governing generally were less than unreported revised to reflect provisions of the Salary Offset (5 CFR 550.1101 et seq.) increases, and, as a result, there FFCCSOA relating to exclusive and Processing Garnishment Orders for generally were no problems with offsets jurisdiction. After consulting with HHS, Child Support and/or Alimony (5 CFR that were greater than the actual amount FMS determined that provisions in the Part 581). of the debt balance. However, because rule regarding reviews are not States now may refer increases in the inconsistent with the provisions of the § 285.1(k)—Payments exempt from amount of debts as well as decreases, to FFCCSOA. The rule provides the administrative offset avoid situations where offsets exceed flexibility necessary for a review to be One State asked FMS to include in the the actual amount of the debt balance, held in any State as may be authorized regulation a list of payments that are it is imperative that all decreases in debt in any given situation under the exempt from administrative offset. balances be reported. There will, FFCCSOA. Because the list of exempt payments however, be flexibility in the time and changes as the Secretary of the Treasury manner in which decreases may be § 285.1(i)—Payments subject to offset approves requests from Federal agencies reported. To make the rule as flexible as One State requested that the final rule and/or as Federal laws are promulgated possible with regard to the timing and include a listing of the payments subject or amended, it is inappropriate for the manner of reporting changes in the to AO; another State asked whether a regulation to include such a listing. amounts of debts, the word ‘‘any’’ was particular type of payment would be However, a listing of exemptions may be deleted from paragraph (g) in the final subject to offset. Such a list is obtained from the FMS website. rule. FMS or HHS will provide impractical. Federal agencies make § 285.1(l)—Fees additional guidance relating to the payments under hundreds of Federal timing and manner in which the programs. Payments under all such The preamble of the interim rule amounts of increases and decreases in programs are subject to offset unless the applicable to the fees provision debt balances must be reported. payment type is exempted either by included the follow up statement, States also expressed concern that the statute or by the Secretary of the ‘‘[s]tates may add [the] fee to the amount regulation does not specifically allow Treasury upon request by the head of an of the debt if permitted by law.’’ One States to report changes in the status of agency. A list of payment types that are commenter was concerned that debt by providing updated balances. exempt from AO may be obtained from paragraph (l) of the interim rule may be FMS and/or HHS will provide the FMS website. inconsistent with HHS rules which additional guidance on how States will provide that ‘‘past-due support may not § 285.1(j)—Special provisions report changes in the amount of a debt include fees or court costs or any other applicable to Federal salary payments referred for administrative offset. non-child support debts owed to the FMS received several comments State or to the family.’’ § 285.1(h)—Advance notice of intent to concerning the special provisions There is no inconsistency. The collect by administrative offset applicable to Federal salary payments. guidance cited by the commenter Several States commented on the One State questioned whether FMS specifically applies to collections of provisions governing advance notices to would deduct up to 65% in a situation past-due support through the tax refund debtors providing notice of the States’ where a lower percentage had been offset process and reflects statutory intent to submit past-due support for agreed to or had been determined by restrictions, codified at 42 U.S.C. 664, administrative offset. Two States court order. In such situations, States that require the full amounts offset from requested that the language of the rule will be able to indicate the lower tax refund payments to be paid to the Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46145 states for distribution. There are no applicable to those programs. FMS will Regulatory Analyses similar restrictions applicable to work with payment agencies in This rule is not a significant amounts collected by means of AO. The determining the appropriate amount regulatory action as defined in statement in the preamble explains that that should be offset against their Executive Order 12866. It is hereby States may add the fees charged under payments. Thus, there may be specific certified that this rule will not have a this rule to the amount of the debt owed limitations on the amount which can be significant economic impact on a only if permitted by law. Statutes or offset from a particular payment type. substantial number of small entities. regulations prohibiting States from The provisions of this regulation apply Therefore, a regulatory flexibility adding fees to the amount of the debt to all disbursing officials who conduct analysis is not required. This regulation are not superseded by this regulation. offsets under the AO program. only impacts individuals and States and In addition, several States commented will not impose significant costs on on the amount of the fees charged by § 285.1(n)—Priorities small businesses. FMS for collection of past-due support Several States commented that the The collections of information by AO. One State was concerned that priorities included in the interim rule contained in this final regulation have States could end up owing FMS where are inconsistent with the distribution been reviewed and approved by the the amount of an offset was less than the rules outlined in 42 U.S.C. 657 and HHS Office of Management and Budget in fee charged; other States believed that guidance. Other States commented that accordance with the requirements of the the fee amount was too high and should the regulation should address other Paperwork Reduction Act (44 U.S.C. either be limited to a maximum amount situations such as when more than one 3507) under control number 1510–0069. per month or be less for subsequent State is attempting to offset the same offsets when the collection is from an payment; still others suggested that Authority and Issuance amounts collected be prorated among on-going stream of payments. One State Accordingly, the interim rule requested that the regulation include the States without regard to case type. The final rule retains the priorities amending 31 CFR part 285 which was fee schedule. Under 31 U.S.C. published at 62 FR 36205 on July 7, 3716(c)(4), the Secretary may charge a specified in the interim rule. Unlike the statute governing TROP, 26 U.S.C. 1997, is adopted as a final rule with the fee sufficient to cover the full cost of following changes: conducting AO. FMS will review the 6402(c), 31 U.S.C. 3716 does not include provisions governing priority when 1. The authority citation for part 285 amount of the fee periodically to ensure continues to read as follows: that the fees charged and collected meet, debts are being collected by but do not exceed, the costs of the administrative offset. Furthermore, the Authority: 26 U.S.C. 6402; 31 U.S.C. 321, program. With regard to concerns that priorities in this rule do not conflict 3701, 3711, 3716, 3720A, 3720D; E.O. 13019; States may owe FMS in instances where with the distribution rules in 42 U.S.C. 3 CFR, 1996 Comp., p. 216. the amount collected is less than the 657 and HHS guidance. The priorities 2. In § 285.1, amend paragraph (a) by offset fee, since AO is voluntary, States applied by the States to amounts revising the definitions for ‘‘past-due may withdraw debts from the program collected for distribution under 42 support’’ and ‘‘past-due support being at any time pursuant to the provisions U.S.C. 657 are distinct from the enforced by the State’’; revise of paragraph (g) when collection by priorities applied by FMS when paragraphs (g), (m), (n) and (o); and add offset is no longer cost effective. States collecting debts under 31 U.S.C. 3716. paragraph (j)(5) to read as follows: will be advised of any changes in the fee In order to clarify this distinction, § 285.1 Collection of Past-Due Support By schedule. paragraph (n) has been revised. As suggested, paragraph (n) of the final rule Administrative Offset. § 285.1(m)—Conducting the offset is labeled Administrative Offset (a) * * * One State asked about FMS’ authority Priorities, and specifically refers to Past-due support means the amount to reverse an offset made in error. In offsets by FMS and other disbursing of support determined under a court response, a provision concerning officials. FMS will include information order, or an order of an administrative reversals was added to paragraph (m) relating to priorities within debt procedure established under State law, which provides that FMS will notify categories in procedural guidance. for support and maintenance of a child, HHS or the appropriate State when an or of a child and the parent with whom erroneous offset payment has been § 285.1(o)—Notification of offset the child is living, which has not been made. FMS will collect the amount of Several States commented that they paid. The term child as used in this the erroneous payment from HHS or the need information regarding the source definition is not limited to minor State either by deducting the amount of collection, as well as information children. from future payments by FMS or by relating to cases for which there is no Past-due support being enforced by requesting a return of the erroneous offset. Executive Order No. 13109 the State means there has been an offset payment by HHS or the State. requires FMS, to the extent permitted by assignment of the support rights to the FMS will provide States with additional law, to provide to the Secretary of HHS State, or the State making the request for procedural guidance concerning how certain information from payment offset is providing services to and when reversals will be conducted. records of persons who are delinquent individuals pursuant to 42 U.S.C. 654(5) One State asked what restrictions will in child support obligations. Under 42 (section 454(5) of the Social Security apply to payment amounts eligible for U.S.C. 653, the Secretary of HHS may Act), or the State is enforcing support offset, and how they will be applied; request such information. The rule has pursuant to a cooperative agreement another asked whether each Federal been revised to state that FMS and other with or by an Indian tribal government. payment agency will set the terms and disbursing agencies, upon the request of * * * * * conditions for enforcing AO. With the Secretary of HHS, will provide such (g) Notification of changes in status of regard to the restrictions that apply to information to HHS to the extent such debt. The State notifying FMS or HHS payment amounts under AO, as noted information is available from TOP of past-due support shall, in the manner previously, payments subject to AO are activities. HHS will provide information and in the time frames provided by FMS made under hundreds of Federal to the States to the extent authorized by or HHS, notify FMS or HHS of deletions programs and are governed by the laws law. or decreases in the amount of a debt 46146 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations referred for collection by administrative When a match occurs and all other FMS for collection by administrative offset. The State may notify FMS or requirements for offset have been met, offset, any offset by a disbursing official HHS of any increases in the amount of the disbursing official shall offset the will be applied first to past-due support a debt referred for collection by payment to satisfy, in whole or part, the assigned to a State and will be applied administrative offset provided the State debt. Any amounts not offset shall be to any other past-due support after any has complied with the requirements of paid to the payee. The amount that can other reductions allowed by law. paragraph (h) of this section with regard be offset from a single payment is the (o) Notification of offset. (1) to those amounts. lesser of the amount of the debt Disbursing officials of FMS or any other * * * * * (including interest, penalties, and disbursing official which conducts an (j) Special provisions applicable to administrative costs); the amount of the offset will notify the payee in writing of Federal salary payments. *** payment; or the amount of the payment the occurrence of the offset to satisfy (5) At the time the past-due support available for offset if a statute or past-due support. The notice shall debt is submitted for offset, the State regulation prohibits offset of the entire inform the payee of the type and shall advise FMS or HHS if the amount. Debts remain subject to amount of the payment that was offset; maximum amount of a Federal salary collection by offset until paid in full. the identity of the State which requested payment that may be offset is less than (2) Disposition of amounts collected. the offset; and a contact point within the the amount described under this FMS will transmit amounts collected for State that will handle concerns paragraph. debts, less fees charged under paragraph regarding the offset. Disbursing officials * * * * * (l) of this section, to HHS or to the shall not be liable for failure to provide (m) Offsetting payments. (1) appropriate State. If FMS learns that an this notice. Conducting the offset. Disbursing erroneous offset payment has been made (2) Disbursing officials of FMS or any officials of the Department of the to HHS or any State, FMS will notify other disbursing official which conducts Treasury, the Department of Defense, HHS or the appropriate State that an an offset under this section will share the United States Postal Service, or any erroneous offset payment has been with HHS, upon request by the other Government corporation, any made. FMS may deduct the amount of Secretary of HHS, information disbursing official of the United States the erroneous offset payment from contained in payment certification designated by the Secretary, or any amounts payable to HHS or the State, as records of persons who are delinquent disbursing official of an executive the case may be. Alternatively, upon in child support obligations that would department or agency that disburses FMS’ request, the State shall return assist in the collection of such debts. Federal payments shall offset payments promptly to the affected payee or FMS When no offset is conducted, disbursing subject to offset under this section to an amount equal to the amount of the officials of FMS or any other disbursing satisfy, in whole or part, a debt owed by erroneous payment (unless the State official, will provide such information the payee. Disbursing officials shall previously has paid such amounts, or to HHS to the extent such information compare payment certification records any portion of such amounts, to the is available from offset activities with records of debts submitted to FMS affected payee). HHS and States shall conducted by FMS and other disbursing for collection by administrative offset. A notify FMS any time HHS or a State officials. match will occur when the taxpayer returns an erroneous offset payment to * * * * * identifying number and name control of an affected payee. FMS and HHS, or the a payment record are the same as the appropriate State, will adjust their Dated: August 24, 1998. taxpayer identifying number and name debtor records accordingly. Richard L. Gregg, control of a debt record. The taxpayer (n) Administrative offset priorities. Commissioner. identifying number for an individual is When a payee/debtor owes more than [FR Doc. 98–23093 Filed 8–27–98; 8:45 am] the individual’s social security number. one debt which has been referred to BILLING CODE 4810±35±P federal register August 28,1998 Friday Amendments; FinalRule and WildlifeRegulations:Correcting 1998±99) andSubsistenceTakingofFish Public LandsinAlaska(SubpartsC& D, Subsistence ManagementRegulationsfor 50 CFRPart100 Fish andWildlifeService Department oftheInterior 36 CFRPart242 Forest Service Department ofAgriculture Part IX 46147 46148 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

DEPARTMENT OF AGRICULTURE found to be consistent with ANILCA. regional centers, received public However, in December 1989, the Alaska comments, and formulated Forest Service Supreme Court ruled in McDowell v. recommendations to the Board on State of Alaska that the rural preference proposals for their respective regions. 36 CFR Part 242 in the State subsistence statute violated The final regulations, published on June the Alaska Constitution. The Court’s 29, 1998 (63 FR 35332) reflect Board DEPARTMENT OF THE INTERIOR ruling in McDowell required the State to review and consideration of Regional delete the rural preference from the Council recommendations and public Fish and Wildlife Service subsistence statute, and therefore, comments submitted to the Board 50 CFR Part 100 negated State compliance with ANILCA. during their April/May meeting. The Court stayed the effect of the These correcting amendments are a RIN 1018±AE12 decision until July 1, 1990. result of two requests for Special Action As a result of the McDowell decision, resulting from additional opportunities Subsistence Management Regulations the Department of the Interior and the for subsistence harvest of wildlife for Public Lands in Alaska, Subpart C Department of Agriculture resources. Below are summaries of each & Subpart DÐ1998±1999 Subsistence (Departments) assumed, on July 1, 1990, action. Taking of Fish and Wildlife responsibility for implementation of Regulations; Correcting Amendments Title VIII of ANILCA on public lands. Subpart D AGENCY: Forest Service, USDA, Fish and On June 29, 1990, the Temporary Units 9D) and 10, Unimak Island— Wildlife Service, Interior. Subsistence Management Regulations Caribou—The Board acted on a request for Public Lands in Alaska were ACTION: Correcting amendments. to open a limited hunt. This follows published in the Federal Register (55 biological surveys which indicate that SUMMARY: These corrections amend the FR 27114–27170). Consistent with the herd in this area is large enough to Subsistence Management Regulations Subparts A, B, and C of these support a limited harvest. for Public Lands in Alaska published in regulations, a Federal Subsistence Board Units 23 and 26—Sheep—The Board the Federal Register on June 29, 1998 was established to administer the acted on a request to open a limited (63 FR 35332) implementing the Federal subsistence management hunt. This follows biological surveys subsistence priority for rural residents program. The Board’s composition which indicate that the herd in this area of Alaska under Title VIII of the Alaska includes a Chair appointed by the is large enough to support a limited National Interest Lands Conservation Secretary of the Interior with harvest. This action would also close Act of 1980. The June 29, 1998, final concurrence of the Secretary of Federal public lands to non-Federally rule established regulations for seasons, Agriculture; the Alaska Regional qualified users. harvest limits, methods, and means Director, U.S. Fish and Wildlife Service; Only the items described above are relating to taking of wildlife for the Alaska Regional Director, U.S. being changed; but for clarity, the entire subsistence uses during the 1998–1999 National Park Service; the Alaska State table section for the pertinent species in regulatory year. Director, U.S. Bureau of Land each Unit is reproduced. The above Management; the Alaska Area Director, DATES: The amendments to Section actions were supported by the Regional U.S. Bureau of Indian Affairs; and the ll.25 are effective July 1, 1998, Councils in the affected areas. Notice of Alaska Regional Forester, USDA Forest through June 30, 1999. the Board meeting and the subjects to be Service. Through the Board, these FOR FURTHER INFORMATION CONTACT: considered were widely circulated and agencies have participated in the public had an opportunity to Thomas H. Boyd, Office of Subsistence development of regulations for Subparts Management, U.S. Fish and Wildlife comment and participate. A, B, and C, and the annual Subpart D The Board finds that additional public Service, telephone (907) 786–3888. For regulations. All Board members have questions specific to National Forest notice and comment requirements reviewed this rule and agree with its under the Administrative Procedures System lands, contact Ken Thompson, substance. Because this rule relates to Regional Subsistence Program Manager, Act (APA) for this final rule are public lands managed by an agency or impracticable, unnecessary, and USDA—Forest Service, Alaska Region, agencies in both the Departments of telephone (907) 271–2540. contrary to the public interest. A lapse Agriculture and the Interior, identical in regulatory control could seriously SUPPLEMENTARY INFORMATION: text would be incorporated into 36 CFR affect the continued viability of wildlife Background part 242 and 50 CFR part 100. populations, adversely impact future Proposed Subpart C regulations for subsistence opportunities for rural Title VIII of the Alaska National customary and traditional use Alaskans, and would generally fail to Interest Lands Conservation Act determinations and Subpart D serve the overall public interest. (ANILCA) (16 U.S.C. 3111–3126) regulations for the 1998–1999 seasons Therefore, the Board finds good cause requires that the Secretary of the Interior and bag limits, and methods and means pursuant to 5 U.S.C. 553(b)(B) to waive and the Secretary of Agriculture were published on July 25, 1997, in the the public notice and comment (Secretaries) implement a joint program Federal Register (62 FR 39987). A 60- procedures prior to publication of this to grant a preference for subsistence day comment period providing for rule. The Board finds good cause under uses of fish and wildlife resources on public review of the proposed rule was 5 U.S.C. 553(d)(3) to make this rule public lands, unless the State of Alaska advertised by mail, radio, and enacts and implements laws of general newspaper. Subsequent to that 60-day effective July 1, 1998. applicability which are consistent with review period, the Board prepared a Conformance With Statutory and ANILCA, and which provide for the booklet describing all proposals for Regulatory Authorities subsistence definition, preference, and change. The public then had an participation specified in Sections 803, additional 30 days in which to comment National Environmental Policy Act 804, and 805 of ANILCA. The State on the proposals for changes to the Compliance implemented a program that the regulations. The Federal Subsistence A Draft Environmental Impact Department of the Interior previously Regional Advisory Councils met in Statement (DEIS) that described four Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46149 alternatives for developing a Federal possibility of a significant restriction of Departments have determined that this Subsistence Management Program was subsistence uses. rulemaking will not have a significant distributed for public comment on economic effect on a substantial number Paperwork Reduction Act October 7, 1991. That document of small entities within the meaning of described the major issues associated These rules contain information the Regulatory Flexibility Act. with Federal subsistence management collection requirements subject to Office This rulemaking will impose no as identified through public meetings, of Management and Budget (OMB) significant costs on small entities; the written comments and staff analysis and approval under the Paperwork exact number of businesses and the examined the environmental Reduction Act of 1995. They apply to amount of trade that will result from consequences of the four alternatives. the use of public lands in Alaska. The this Federal land-related activity is Proposed regulations (Subparts A, B, information collection requirements unknown. The aggregate effect is an and C) that would implement the described below have been approved by insignificant positive economic effect on preferred alternative were included in OMB under 44 U.S.C. 3501 and have a number of small entities, such as the DEIS as an appendix. The DEIS and been assigned clearance number 1018– ammunition, snowmachine, and the proposed administrative regulations 0075, which expires 5/31/2000. gasoline dealers. The number of small presented a framework for an annual The collection of information will be entities affected is unknown; but, the regulatory cycle regarding subsistence achieved through the use of the Federal fact that the positive effects will be hunting and fishing regulations (Subpart Subsistence Hunt Permit Application. seasonal in nature and will, in most D). The Final Environmental Impact This collection information will cases, merely continue preexisting uses Statement (FEIS) was published on establish whether the applicant qualifies of public lands indicates that they will February 28, 1992. to participate in a Federal subsistence not be significant. hunt on public land in Alaska and will Based on the public comment In general, the resources harvested provide a report of harvest and location received, the analysis contained in the under this rule will be consumed by the of harvest. local harvester and do not result in a FEIS, and the recommendations of the The likely respondents to this Federal Subsistence Board and the dollar benefit to the economy. However, collection of information are rural it is estimated that 2 million pounds of Department of the Interior’s Subsistence Alaska residents who wish to Policy Group, it was the decision of the meat are harvested State-wide by the participate in specific subsistence hunts local subsistence users annually and, if Secretary of the Interior, with the on Federal land. The collected concurrence of the Secretary of given a dollar value of $3.00 per pound, information is necessary to determine would equate to $6 million State wide. Agriculture, through the U.S. harvest success and harvest location in Department of Agriculture-Forest Title VIII of ANILCA requires the order to make management decisions Secretaries to administer a subsistence Service, to implement Alternative IV as relative to the conservation of healthy identified in the DEIS and FEIS (Record preference on public lands. The scope of wildlife populations. The annual this program is limited by definition to of Decision on Subsistence Management burden of reporting and recordkeeping for Federal Public Lands in Alaska certain public lands. Likewise, these is estimated to average 0.25 hours per regulations have no potential takings of (ROD), signed April 6, 1992). The DEIS response, including time for reviewing and the selected alternative in the FEIS private property implications as defined instructions, gathering and maintaining by Executive Order 12630. defined the administrative framework of data, and completing and reviewing the an annual regulatory cycle for The Service has determined and form. The estimated number of likely certifies pursuant to the Unfunded subsistence hunting and fishing respondents under this rule is less than regulations. The final rule for Mandates Act, 2 U.S.C. 1502 et seq., that 5,000, yielding a total annual reporting this rulemaking will not impose a cost Subsistence Management Regulations and recordkeeping burden of 1,250 for Public Lands in Alaska, Subparts A, of $100 million or more in any given hours or less. year on local or state governments or B, and C (57 FR 22940–22964, Direct comments on the burden published May 29, 1992) implemented private entities. estimate or any other aspect of this form The Service has determined that these the Federal Subsistence Management to: Information Collection Officer, U.S. Program and included a framework for final regulations meet the applicable Fish and Wildlife Service, 1849 C Street, standards provided in Sections 3(a) and an annual cycle for subsistence hunting NW, MS 224 ARLSQ, Washington, D.C. and fishing regulations. 3(b)(2) of Executive Order 12988. 20240; and the Office of Management Drafting Information. These Compliance With Section 810 of and Budget, Paperwork Reduction regulations were drafted by William ANILCA Project (Subsistence), Washington, D.C. Knauer under the guidance of Thomas 20503. Additional information The intent of all Federal subsistence H. Boyd, of the Office of Subsistence collection requirements may be imposed Management, Alaska Regional Office, regulations is to accord subsistence uses if Local Advisory Committees subject to of fish and wildlife on public lands a U.S. Fish and Wildlife Service, the Federal Advisory Committee Act are Anchorage, Alaska. Additional guidance priority over the taking of fish and established under Subpart B. wildlife on such lands for other was provided by Curt Wilson, Alaska purposes, unless restriction is necessary Economic Effects State Office, Bureau of Land Management; Sandy Rabinowitch, to conserve healthy fish and wildlife This rule was not subject to OMB Alaska Regional Office, National Park populations. A Section 810 analysis was review under Executive Order 12866. completed as part of the FEIS process. The Regulatory Flexibility Act of 1980 Service; Ida Hildebrand, Alaska Area The final Section 810 analysis (5 U.S.C. 601 et seq.) requires Office, Bureau of Indian Affairs; and determination appears in the April 6, preparation of flexibility analyses for Ken Thompson, USDA-Forest Service. 1992, ROD which found that the Federal rules that will have a significant effect List of Subjects Subsistence Management Program, on a substantial number of small under a modified Alternative IV with an entities, which include small 36 CFR Part 242 annual process for setting hunting and businesses, organizations or Administrative practice and fishing regulations, had no significant governmental jurisdictions. The procedure, Alaska, Fish, National 46150 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations forests, Public lands, Reporting and 1, 1998, through June 30, 1999, as set 2. Section ll.25(k)(9)(ii) is amended recordkeeping requirements, Wildlife. forth below. in the table under ‘‘Hunting’’ by revising the entry for ‘‘Caribou’’ to read as 50 CFR Part 100 ll PART ÐSUBSISTENCE follows: Administrative practice and MANAGEMENT REGULATIONS FOR ll procedure, Alaska, Fish, National PUBLIC LANDS IN ALASKA § .25 Subsistence taking of wildlife. forests, Public lands, Reporting and 1. The authority citation for both 36 * * * * * recordkeeping requirements, Wildlife. CFR part 242 and 50 CFR part 100 (k) * * * continues to read as follows: For the reasons set out in the (9) * * * preamble, Title 36, Part 242, and Title Authority: 16 U.S.C. 3, 472, 551, 668dd, 50, Part 100, of the Code of Federal 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. (ii) * * * Regulations, are amended effective July 1733.

Harvest limits Open season

Hunting

******* Caribou: Unit 9(A)Ð4 caribou; however, no more than 2 caribou may be taken Aug. 10ÐSept. 30 and no more than 1 Aug. 10ÐMar. 31. caribou may be taken Oct. 1ÐNov. 30. Unit 9(C)Ð4 caribou; however, no more than 1 may be a cow, no more than 2 caribou may be taken Aug. 10Ð Aug. 10ÐMar. 31. Nov. 30, and no more than 1 caribou may be taken per calendar month between Dec. 1ÐMar. 31. Unit 9(B)Ð5 caribou; however, no more than 2 bulls may be taken from Oct. 1ÐNov. 30 ...... Aug. 1ÐApr. 15. Unit 9(D)Ð1 bull by Federal registration permit only. A Federally-qualified subsistence user (recipient) may des- Aug. 1ÐMar. 31. ignate another Federally-qualified subsistence user to take caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than four harvest limits in his/her possession at any one time. Unit 9(E)Ðthat portion southwest of the headwaters of Fireweed and Blueberry Creeks (north of Mt. Veniaminof) to No open season. and including the Sandy River drainage on the Bristol Bay side of the Alaska Peninsula; and that portion south of Seal Cape to Ramsey Bay on the Pacific side of the Alaska Peninsula divide is closed to all hunting of caribou. Remainder of Unit 9(E)Ð4 caribou. Aug. 10ÐApr. 30.

*******

* * * * * 3. Section ll.25(k)(10)(ii) is amended in the table under ‘‘Hunting’’ by revising the entry for ‘‘Caribou’’ to read as follows: * * * * * (k) * * * (10) * * * (ii) * * *

Harvest limits Open season

Hunting Caribou: Unit 10ÐUnimak Island only...... Aug. 1ÐMar. 31. 1 bull by Federal registration permit only. A Federally-qualified subsistence user (recipient) may designate an- other Federally-qualified subsistence user to take caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than four harvest limits in his/her possession at any one time.. Remainder of Unit 10ÐNo limit...... July 1ÐJune 30.

*******

* * * * * 4. Section ll.25(k)(23)(iii) is amended in the table under ‘‘Hunting’’ by revising the entry for Sheep to read as follows: * * * * * (k) * * * (23) * * * (iii) * * *

Harvest limits Open season

Hunting Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations 46151

Harvest limits Open season

******* Sheep: Unit 23Ðsouth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Cutler and Redstone Rivers Aug. 10ÐSept. 30. The (Baird Mountains)Ð1 ram with full curl or larger horns by Federal registration permit. Federal public lands are season will be closed closed to the taking of sheep except by Federally-qualified subsistence users. when 10 sheep have been harvested. Unit 23Ðsouth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Cutler and Redstone Rivers Oct. 1ÐApr. 1. The sea- (Baird Mountains)Ð1 ram with full curl or larger horns by Federal registration permit. Federal public lands are son will be closed closed to the taking of sheep except by Federally-qualified subsistence users. when a total of 20 sheep have been har- vested including those harvested during the Aug. 10 season. Unit 23Ðnorth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Aniuk River (DeLong Moun- Aug. 10ÐSept. 30. The tains)Ð1 ram with full curl or larger horns by Federal registration permit. Federal public lands are closed to the season will be closed taking of sheep except by Federally-qualified subsistence users. when 10 sheep have been harvested in the DeLong Mountains. Unit 23Ðnorth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Aniuk River (DeLong Moun- Oct. 1ÐApr. 1. The sea- tains)Ð1 ram with full curl or larger horns by Federal registration permit. Federal public lands are closed to the son will be closed taking of sheep except by Federally-qualified subsistence users. when a total of 20 sheep have been har- vested in the DeLong Mountains including those harvested dur- ing the Aug. 10 sea- son. Unit 23, remainder (Schwatka Mountains)Ð1 ram with 7/8 curl horn or larger ...... Aug. 10ÐSept. 20. Unit 23, remainder (Schwatka Mountains)Ð1 sheep...... Oct. 1ÐApr. 30.

*******

* * * * *

5. Section ll.25(k)(26)(iii) is by revising the entry for Sheep to read (k) * * * amended in the table under ‘‘Hunting’’ as follows: (26) * * * * * * * * (iii) * * *

Harvest limits Open season

Hunting

******* Sheep: 26(A) and (B) (Anaktuvuk Pass residents only)Ðthose portions within the Gates of the Arctic National ParkÐ July 15ÐDec. 31. community harvest quota of 60 sheep, no more than 10 of which may be ewes and a daily possession limit of 3 sheep per person no more than 1 of which may be a ewe. Unit 26(A) (excluding Anaktuvuk Pass residents)Ðthat portion within the Gates of the Arctic National ParkÐ3 Aug. 1ÐApr. 30. sheep. Unit 26(A)Ðthat portion west of Howard Pass and the Etivluk River (DeLong Mountains)Ð1 ram with full curl or Aug. 10ÐSept. 30. The larger horns by Federal registration permit. Federal public lands are closed to the taking of sheep except by season will be closed Federally-qualified subsistence users. when 10 sheep have been harvested in the DeLong Mountains. Unit 26(A)Ðthat portion west of Howard Pass and the Etivluk River (DeLong Mountains)Ð1 ram with full curl or Oct. 1ÐApr. 1. The sea- larger horns by Federal registration permit. Federal public lands are closed to the taking of sheep except by son will be closed Federally-qualified subsistence users. when a total of 20 sheep have been har- vested in the DeLong Mountains including those harvested dur- ing the Aug. 10 sea- son. Unit 26(B)Ðthat portion within the Dalton Highway Corridor Management AreaÐ1 ram with 7/8 curl horn or larg- Aug. 10ÐSept. 20. er by Federal registration permit only. Remainder of Units 26(A) and (B)Ðincluding the Gates of the Arctic National PreserveÐ1 ram with 7/8 curl horn Aug. 10ÐSept. 20. or larger. Unit 26(C)Ð3 sheep per regulatory year; the Aug. 10ÐSept. 20 season is restricted to 1 ram with 7/8 curl horn Aug. 10ÐSept. 20. Oct. or larger. A Federal registration permit is required for the Oct. 1ÐApr. 30 season. 1ÐApr. 30.

******* 46152 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules and Regulations

* * * * * Dated: August 14, 1998. Thomas H. Boyd, Acting Chair, Federal Subsistence Board. Dated: August 17, 1998. John C. Capp, Acting Regional Forester, USDA—Forest Service. [FR Doc. 98–23117 Filed 8–27–98; 8:45 am] BILLING CODE 3410±11±P; 4310±55±P federal register August 28,1998 Friday Educational 3;Notice Study andFederalSupplemental Federal PerkinsLoan,Work- Office ofPostsecondaryEducation; Education Department of Part X 46153 46154 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices

DEPARTMENT OF EDUCATION The Federal Perkins Loan, FWS, and If these documents are delivered by FSEOG programs are authorized by hand, they must be taken to Universal [CFDA Nos.: 84.038, 84.033, and 84.007] parts E and C, and part A, Subpart 3, Automation Labs (UAL), Suite 500, 8300 respectively, of title IV of the Higher Colesville Road, Silver Spring, Office of Postsecondary Education; Education Act of 1965, as amended. Maryland. Federal Perkins Loan, Federal Work- DATES: Closing Date and Methods for Documents that are hand-delivered Study, and Federal Supplemental Submitting a FISAP and Required will be accepted between 9 a.m. and 5 Educational Opportunity Grant Signed Documents. To ensure p.m. daily (Eastern time), except Programs consideration for 1999–2000 funds, an Saturdays, Sundays, and Federal AGENCY: Department of Education. institution must submit an electronic holidays. Documents that are hand- delivered will not be accepted after 5 ACTION: Notice of closing date for the FISAP, the FISAP signature page, and p.m. on October 1, 1998. submission of the Fiscal Operations the ‘‘compliance certifications’’ form by Report for 1997–98 and Application to October 1, 1998. SUPPLEMENTARY INFORMATION: FISAP Participate for 1999–2000 (FISAP) in the An institution must submit its FISAP materials were mailed by the Federal Perkins Loan, Federal via the Department’s Title IV Wide Area Department in July 1998. An institution Supplemental Educational Opportunity Network (WAN) to the Campus-Based must prepare and submit its FISAP in Grant (FSEOG), and Federal Work-Study Contractor. The Title IV WAN enables accordance with the information (FWS) Programs (ED FORM 646–1; OMB an institution to receive and transmit included in the FISAP program No. 1840–0073). FISAP information electronically. information package. The FISAP electronic data This program information package is SUMMARY: The Secretary gives notice to transmission must be completed prior to intended to aid applicants in applying institutions of higher education of the midnight, Eastern time, on October 1, for assistance under these programs. deadline for an institution to apply for 1998. (For purposes of this notice, this Nothing in the program information fiscal year 1999 funds—for use in the deadline means that an institution has package is intended to impose any 1999–2000 award year (July 1, 1999 all of October 1, 1998, to transmit paperwork, application content, through June 30, 2000)—under the electronically.) In addition, one original reporting, or grantee performance Federal Perkins Loan, FWS, and FSEOG completed FISAP signature page and requirements beyond those specifically programs. Under these programs, the one original signed ‘‘compliance imposed under the statute and Secretary allocates funds to institutions certifications’’ form must be mailed or regulations governing the programs. for students who need financial aid to delivered by hand to one of the Applicable Regulations meet the costs of postsecondary addresses indicated below by the education. An institution is not required established deadline date of October 1, The following regulations apply to to establish eligibility prior to applying 1998. these programs: for funds. However, the Secretary will ADDRESSES: Signature Page and (1) Student Assistance General not allocate funds under the Federal Compliance Certifications Form Provisions, 34 CFR Part 668. Perkins Loan, FWS, and FSEOG Delivered by Mail. If these documents (2) General Provisions for the Federal programs for the 1999–2000 award year are delivered by mail, they must be Perkins Loan Program, Federal Work- to any currently ineligible institution addressed to Electronic FISAP Study Program, and Federal unless the institution files its Administrator, c/o Universal Supplemental Educational Opportunity institutional participation application Automation Labs (UAL), Suite 500, 8300 Grant Program, 34 CFR Part 673. and other documents required for an Colesville Road, Silver Spring, (3) Federal Perkins Loan Program, 34 eligibility and certification Maryland 20910. CFR Part 674. determination by the closing date that An institution must show proof of (4) Federal Work-Study Programs, 34 will appear in a separate notice in the mailing these documents by October 1, CFR Part 675. Federal Register. 1998. Proof of mailing consists of one of (5) Federal Supplemental Educational The Secretary further gives notice that the following: (1) A legible mail receipt Opportunity Grant Program, 34 CFR Part an institution that had a Federal Perkins with the date of mailing stamped by the 676. Loan fund or expended FWS or FSEOG U.S. Postal Service, (2) a legibly dated (6) Institutional Eligibility Under the funds during the 1997–1998 award year U.S. Postal Service postmark, (3) a dated Higher Education Act of 1965, as (July 1, 1997, through June 30, 1998) is shipping label, invoice, or receipt from amended, 34 CFR Part 600. required to submit a Fiscal Operations a commercial carrier, or (4) any other (7) New Restrictions on Lobbying, 34 Report to the Secretary to report its proof of mailing acceptable to the U.S. CFR Part 82. program expenditures as of June 30, Secretary of Education. (8) Governmentwide Debarment and 1998. If these documents are sent through Suspension (Nonprocurement) and Applicants that did not participate in the U.S. Postal Service, the Secretary Governmentwide Requirements for the Federal Perkins Loan Program, FWS does not accept either of the following Drug-Free Workplace (Grants), 34 CFR Program, or FSEOG Program in the as proof of mailing: (1) A private Part 85. 1997–1998 award year will be required metered postmark, or (2) a mail receipt (9) Drug-Free Schools and Campuses, to submit data for the application that is not dated by the U.S. Postal 34 CFR Part 86. portion of the FISAP only. Service. An institution should note that FOR FURTHER INFORMATION CONTACT: Ms. In addition, an institution must the U.S. Postal Service does not Sandra Donelson, Campus-Based complete, sign, and submit one original uniformly provide a dated postmark. Financial Operations Branch, FISAP signature page and one original Before relying on this method, an Institutional Financial Management combined lobbying, debarment, and institution should check with its local Division, Accounting and Financial drug-free workplace certifications form post office. An institution is encouraged Management Service, Student Financial (ED 80–0013, referred to as the to use certified or at least first-class Assistance Programs, U.S. Department ‘‘compliance certifications’’ form) for mail. Signature Page and Compliance of Education, 600 Independence the 1999–2000 award year. Certifications Form Delivered by Hand. Avenue, S.W., (Room 4714, ROB–3), Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Notices 46155

Washington, D.C. 20202–5458. Education documents published in the Department. Telephone: (202) 219–1511 Telephone (202) 708–9751. Individuals Federal Register, in the text or portable or, toll free, 1–800–222–4922. who use a telecommunications device document format (pdf) on the World The documents are located under for the deaf (TDD) may call the Federal Wide Web at either of the following Option G—Files/Announcements, Information Relay Service (FIRS) at 1– sites: Bulletins and Press Releases. 800–877–8339 between 8 a.m. and 8 http://ocfo.ed.gov/fedreg.htm p.m., Eastern time, Monday through http://www.ed.gov/news.html Note: The official version of this document Friday. is the document published in the Federal To use the pdf you must have the Register. Individuals with disabilities may Adobe Acrobat Reader Program with obtain this document in an alternative Search, which is available free at either (Authority: 20 U.S.C. 1087aa et seq.; 42 format (e.g., Braille, large print, U.S.C. 2751 et seq.; and 20 U.S.C. 1070b et of the previous sites. If you have seq.) audiotape or computer diskette) on questions about using the pdf, call the request to the contact person listed in U.S. Government Printing Office at (202) Dated: August 21, 1998. the preceding paragraph. 512–1530 or, toll free, at 1–888–293– David A. Longanecker, 6498. Assistant Secretary for Postsecondary Electronic Access to This Document Anyone may also view these Education. Anyone may view this document, as documents in text copy only on an [FR Doc. 98–23261 Filed 8–27–98; 8:45 am] well as all other Department of electronic bulletin board of the BILLING CODE 4000±01±P i

Reader Aids Federal Register Vol. 63, No. 167 Friday, August 28, 1998

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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 1631...... 41707 1655...... 45391 Presidential Documents Proclamations: 2634...... 43067 Executive orders and proclamations 523±5227 6641 (Modified by 2636...... 43067 The United States Government Manual 523±5227 Proc. 7113) ...... 41951 5701...... 43069 7112...... 41949 Proposed Rules: Other Services 7113...... 41951 351...... 43640 Electronic and on-line services (voice) 523±4534 7114...... 42563 630...... 43225 Privacy Act Compilation 523±3187 7115...... 43061 2421...... 45013 Public Laws Update Service (numbers, dates, etc.) 523±6641 7116...... 45165 2423...... 45013 TTY for the deaf-and-hard-of-hearing 523±5229 7117...... 45931 2429...... 45013 Executive Orders: 2635...... 41476, 45415 12865 (See EO ELECTRONIC RESEARCH 13098) ...... 44771 7 CFR World Wide Web 12947 (Amended by 11...... 44773 EO 13099)...... 45167 17...... 42283 Full text of the daily Federal Register, CFR and other 13061 (See Proc. publications: 59...... 45663 7112) ...... 41949 301 ...... 41388, 41389, 43287, http://www.access.gpo.gov/nara 13080 (See Proc. 43603, 43612, 43614, 43615, Federal Register information and research tools, including Public 7112) ...... 41949 44537, 44538, 44539, 44774, Inspection List, indexes, and links to GPO Access: 13083 (Suspended by 45392 EO 13095)...... 42565 800...... 43289, 45676 http://www.nara.gov/fedreg 13093 (See Proc. 916...... 44363 E-mail 7112) ...... 41949 917...... 44363 13095...... 42565 920...... 41390, 44541 PENS (Public Law Electronic Notification Service) is an E-mail 13096...... 42681 928...... 43868 service that delivers information about recently enacted Public 13097...... 43065 948...... 42686 Laws. To subscribe, send E-mail to 13098...... 44771 981...... 41709 [email protected] 13099...... 45167 989...... 42688 with the text message: 13100...... 45661 993...... 42284 April 3, 1847 (Revoked 997...... 41182, 41323 subscribe publaws-l in part by PLO 998...... 41182 Use [email protected] only to subscribe or unsubscribe to 7353) ...... 42061 1230...... 45935 PENS. We cannot respond to specific inquiries at that address. December 9, 1852 1446...... 41711 Reference questions. Send questions and comments about the (Revoked in part by 1735...... 45677 Federal Register system to: PLO 7353)...... 42061 1951...... 41713 October 18, 1912 1753...... 45677 [email protected] (Revoked by PLO 1955...... 41715 The Federal Register staff cannot interpret specific documents or 7352) ...... 41862 Proposed Rules: regulations. December 14, 1912 300...... 43117 (Revoked by PLO 319...... 43117 FEDERAL REGISTER PAGES AND DATES, AUGUST 7352) ...... 41862 810...... 43641 February 25, 1914 905...... 42764 41177±41386...... 3 (Revoked by PLO 1106...... 43125 41387±41706...... 4 7355) ...... 45860 1260...... 45969, 45971 41707±41956...... 5 August 16, 1917 1301...... 43891 41957±42200...... 6 (Revoked by PLO 1304...... 43891 42201±42566...... 7 7350) ...... 41587 1610...... 44175 42567±42680...... 10 April 17, 1926 1724...... 45767 42681±43066...... 11 (Modified and 1726...... 45767 43067±43286...... 12 revoked in part by 1744...... 44175 43287±43602...... 13 PLO 7356)...... 45858 43603±43866...... 14 Administrative Orders: 8 CFR 43867±44122...... 17 Notices: 103...... 43604 44123±44362...... 18 August 13, 1998 ...... 44121 Proposed Rules: 44363±44536...... 19 17...... 42283 44537±44772...... 20 5 CFR 104...... 41657 44773±44992...... 21 293...... 43867 208...... 41478 44993±45166...... 24 330...... 41387 45167±45390...... 25 410...... 43867 9 CFR 45391±45660...... 26 890...... 45933 77...... 43290 45661±45932...... 27 1201...... 41177, 42685 78 ...... 43291, 44544, 44776 45933±46156...... 28 1209...... 41181 94...... 44123 ii Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Reader Aids

97...... 41957 42208, 42210, 42213, 42214, 17 CFR 22 CFR 42215, 42217, 42219, 42220, Proposed Rules: 1...... 45699, 45711 51...... 44777 42222, 42691, 43070, 43072, 1...... 45417 231...... 41394 514...... 42233 43294, 43297, 43299, 43610, 2...... 45417 240...... 42229 43612, 43614, 43615, 44371, 93...... 42593, 44175 241...... 41394 23 CFR 44372, 44545, 44552, 45169, 94...... 42593 249...... 42229 45170, 45681, 45682, 45684, Proposed Rules: 98...... 44175 271...... 41394 45685, 45687, 45689, 45692 1331...... 44415 130...... 42593 276...... 41394 71 ...... 41323, 41717, 41958, 24 CFR 10 CFR 42223, 42665, 42692, 42694, Proposed Rules: Ch. I ...... 41982 201...... 44360 Ch. XI...... 42201 42695, 42696, 43073, 43071, 43617, 43618, 43619, 43620, 1...... 42600 202...... 44360 20...... 45393 203...... 44360 43621, 43622, 44124, 44125, 18 CFR 32...... 45393 968...... 46104 35...... 45393 44127, 44128, 44374, 44378, 161...... 43075 Proposed Rules: 36...... 45393 44379, 44380, 45109, 45394, 381...... 44995 5...... 41754 39...... 45393 45693, 45694, 45695, 45696, 401...... 44777, 45943 200...... 41754 1101...... 42201 45937, 45938, 45939 Proposed Rules: 207...... 41754 1102...... 42201 91...... 45654, 45658 97 ...... 42224, 42567, 42569, Ch. I ...... 42974 236...... 41754 Proposed Rules: 44129, 44130 1b...... 41982 266...... 41754 Ch. 1 ...... 43580 440...... 45592 37...... 42296 880...... 41754 10...... 41206 161...... 42974 881...... 41754 11...... 41206 Proposed Rules: 14...... 45372 250...... 42974 882...... 41754 20...... 43516 284...... 42974 883...... 41754 25...... 41206 17...... 45372 23...... 45772 343...... 41982 884...... 41754 32...... 43516 385...... 41982 886...... 41754 35...... 43516 27...... 45130 29...... 45130 891...... 41754 95...... 41206 20 CFR 39 ...... 41479, 41481, 41483, 965...... 41754 404...... 41404 11 CFR 41737, 41739, 41741, 42286, 982...... 41754 42288, 42569, 42598, 42770, 416...... 41404 983...... 41754 9003...... 45679 43331, 43333, 43335, 43336, Proposed Rules: 9033...... 45679 45338, 43340, 43342, 43345, 416...... 42601 25 CFR 43347 43349, 43351, 43648, 518...... 41960 12 CFR 21 CFR 44410, 44818, 45187, 45189, Proposed Rules: 3...... 42668 45417, 45419, 45421, 45423, 5...... 41959 542...... 42940 4...... 46118 45425, 45773, 45775 74...... 45943 6...... 42668 65...... 41743 165...... 42198 26 CFR 208...... 42668 66...... 41743 178 ...... 43873, 43874, 45715 1 ...... 41420, 43303, 44387 211...... 46118 71 ...... 41485, 41743, 41749, 179...... 43875 225...... 42668 48...... 45910 41750, 41751, 41752, 42290, 310...... 44996 20...... 44391 303...... 44686 42291, 42292, 42293, 42294, 358...... 43302 325...... 42668 301...... 44777 42295, 42772, 43651, 43652, 510 ...... 41188, 44381, 44382 602...... 44391, 44777 333...... 44686 520 ...... 41188, 41189, 41419, 43653, 44413, 45777, 45778 Proposed Rules: 337...... 44686 44383, 45944 91...... 45628, 45912 1 ...... 41754, 43353, 43354, 341...... 44686 522 ...... 41190, 41419, 44381, 119...... 45912 44181, 44416, 45019 347...... 44686, 46118 44382, 44384, 45945 121...... 45628, 45912 53...... 41486 359...... 44686 524...... 44384 125...... 45912 301...... 41486, 43354 563...... 43292 135...... 45628, 45912 556...... 41190 565...... 42668 147...... 41743 558 ...... 41191, 44385, 44386 27 CFR 567...... 42668 610...... 41718 607...... 41184 15 CFR 803...... 45716 4...... 44779 611...... 41958 30...... 41186, 45697 804...... 45716 19...... 44779 614...... 41958 280...... 41718 806...... 42229 24...... 44779 620...... 41958 738...... 42225 814...... 42699 55...... 44999 630...... 41958 740...... 42225 892...... 44998 194...... 44779 250...... 44779 Proposed Rules: 742...... 42225 Proposed Rules: 251...... 44779 Ch. VI...... 44176 744...... 41323, 42225 3...... 42773 26...... 43052 746...... 42225 5...... 42773 Proposed Rules: 212...... 43052 748...... 42225 10...... 42773 4...... 44819 348...... 43052 752...... 42225 20...... 42773 9...... 45427 404...... 41478 758...... 45698 101...... 45427 19...... 44819 502...... 43642 902...... 45939 207...... 42773 24...... 44819 555...... 43327 922...... 43870 310...... 42773 194...... 44819 563f...... 43052 Proposed Rules: 312...... 42773 250...... 44819 701...... 41976, 41978 30...... 41979 315...... 41219 251...... 44819 922...... 45191 316...... 42773 28 CFR 13 CFR 600...... 42773 16 CFR Proposed Rules: 601...... 42773 Proposed Rules: 120...... 43330 4...... 45644 607...... 42773 25...... 43893 253...... 44553 610...... 42773 29 CFR 14 CFR 254...... 42570 640...... 42773 25...... 44993 305...... 45941 660...... 42773 1208...... 44394 27...... 43282 425...... 44555 806...... 42300 4044...... 43623 29...... 43282 1610...... 42697 868...... 44177 Proposed Rules: 39 ...... 41184, 41393, 41716, Proposed Rules: 884...... 44177 1915...... 41755 42201, 42203, 42205, 42206, 4...... 45650 890...... 44177 1926...... 43452 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Reader Aids iii

30 CFR 45399, 45402, 45722, 45727 65 ...... 42249, 45729, 45732 226...... 41972 60...... 45722 250...... 42699, 43876 67...... 42264, 45737 236...... 41972 62 ...... 41325, 41427, 42235, 253...... 42699, 43624 Proposed Rules: 242...... 43449 42719, 42721, 42724, 42726, 917...... 41423 5...... 45982 246...... 43890 43080, 45727 924...... 43305 67...... 42311, 45737 252...... 41972, 43887 63 ...... 42238, 44135, 45007 936...... 42574 253...... 41972, 43889 80...... 43046 45 CFR 1511...... 41450 Proposed Rules: 81...... 42489, 44143 1515...... 41450 56...... 45973 233...... 42270 82...... 41625, 42728 1552...... 41450 57...... 45973 302...... 44795 123...... 45114 304...... 44795 1609...... 42584 72...... 41755 136...... 44146 1801...... 44408 75...... 41755 307...... 44401, 44795 141...... 43834, 44512 1602...... 41193 1802...... 44408 77...... 45973 142...... 43834, 44512 1803...... 44408 Proposed Rules: 901...... 45192 148...... 42110, 42580 1804...... 44408 142...... 43242 902...... 42774 159...... 41192 1805...... 43099, 44408 904...... 41506 180 ...... 41720, 41727, 42240, 46 CFR 1814...... 44408 917...... 45430 42246, 42248, 42249, 43080, 1815...... 44408 924...... 44192 43085, 43629, 44146, 45176, 8...... 44346 1816...... 44408 938...... 45199, 45973 45404, 45406 72...... 44161 1817...... 44408 185...... 42249 Proposed Rules: 31 CFR 1819...... 44409 261...... 42110, 42190 514...... 42801 1822...... 43099 285 ...... 44986, 46140, 46142 266...... 42110 1832...... 44408 47 CFR 359...... 45945 268...... 42110, 42580 1834...... 44408 Proposed Rules: 271 ...... 42110, 42580, 44152, Ch. I...... 42275, 45956 1835...... 44408 285...... 41687, 44991 44795 0...... 44161 1836...... 44170 302...... 42110 1 ...... 41433, 42734, 42735, 1842...... 42756, 44408 32 CFR 430...... 42238 45740, 45910 1844...... 43099, 44408 83...... 43624 501...... 45114 2...... 42276 1852...... 44170, 44408 84...... 43624 710...... 45950 15...... 42276 1853...... 42756, 44408 706...... 44784 721...... 44562, 45954 20...... 43033 1871...... 44408 1903...... 44785 745...... 41430 22...... 41201 1872...... 44408 Proposed Rules: Proposed Rules: 24...... 41201 Proposed Rules: 44...... 45975 Ch. VII...... 45298 26...... 41201 15...... 45112 Ch. 1700 ...... 45298 27...... 41201 31 ...... 43127, 43238, 43239 33 CFR 51...... 45032 36...... 42753 37...... 45112 100 ...... 41718, 42579, 43321, 52 ...... 41220, 41221, 41756, 51...... 45134 48...... 43236 45171, 45395 42308, 42782, 42783, 42784, 54 ...... 42753, 43088, 45958 52...... 43236 117 ...... 41720, 43080, 43322, 42786, 43127, 43654, 43897, 64...... 43033, 45134 1827...... 43362 45395, 45306 44192, 44208, 44211, 44213, 68...... 45134 1852...... 43362 160...... 44114 44417, 44820, 44822, 45032, 69...... 42753, 43088 49 CFR 165 ...... 42233, 45171, 45947, 45443, 45779 73 ...... 41735, 42281, 43098, 45948, 45949 55...... 41991 44170, 44583, 44584, 45011, 213...... 45959, 46102 45012, 45182, 45183 Proposed Rules: 60...... 45779 555...... 44171 117 ...... 43080, 45978, 45980 62 ...... 41508, 42310, 45208 76...... 45740 564...... 42586 165...... 42304 63...... 41508, 45036 90 ...... 41201, 44585, 45746, 571 ...... 41451, 42582, 42586, 72...... 41357, 45037 45751 45959 34 CFR 73...... 41357, 45037 97...... 41201, 42276 572...... 41466, 45959 Proposed Rules: Proposed Rules: 76...... 45032 594...... 45183 303...... 43866 81...... 44214 1...... 41538 595...... 45755 82...... 41652, 42791 2...... 44597 Proposed Rules: 36 CFR 96...... 45032 20...... 43026 171...... 44312, 44601 141...... 44214 25...... 44597 242...... 46148 172...... 44312 247...... 45558 27...... 44822 173...... 44312 Proposed Rules: 261...... 41991, 43361 32...... 45208 174...... 44312 242...... 43990 268...... 41536 36...... 45038 175...... 44312 1202...... 45433 271...... 44218 41...... 41757 176...... 44312 1254...... 42776 300 ...... 43898, 43900, 44218, 43 ...... 41538, 44220, 44224 177...... 44312, 44601 1281...... 45203 45780 51...... 45140 178...... 44312, 44601 54...... 44599, 45038 180...... 44312, 44601 38 CFR 41 CFR 63...... 41538 375...... 43128 21...... 45717 101...... 41420, 43638 64 ...... 43026, 44224, 45140, 377...... 43128 3...... 45004 Proposed Rules: 45208 390...... 41766 68...... 45140 39 CFR Ch. 300 ...... 45781 391...... 41766, 41769 Ch. 303 ...... 45781 69...... 45038 392...... 41766 20...... 41427, 44789 101±47...... 42310, 42792 73 ...... 41765, 41766, 42802, 393 ...... 41766, 45791, 45792 775...... 45719 43656, 44600, 44601, 45213 395...... 41766 777...... 45719 42 CFR 74...... 42802 396...... 41766 778...... 45719 1008...... 43449 76...... 42330 571...... 41222, 42348 Proposed Rules: Proposed Rules: 97...... 44597 575...... 41538 111...... 45440 Ch. IV...... 42796 413...... 42797 48 CFR 50 CFR 40 CFR 416...... 43655 205...... 41972 17 ...... 42757, 43100, 44587 9...... 44131 488...... 43655 206...... 41972 20...... 46124 52 ...... 43449, 43624, 43627, 217...... 41972 100...... 46148 43881, 43884, 44132, 44397, 44 CFR 219...... 41972 227...... 42586 44399, 44792, 45172, 45397, 64...... 42257, 42259 225 ...... 41972, 43887, 43889 285...... 43116, 44173 iv Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Reader Aids

622...... 45186, 45760 630...... 41205 648 ...... 42587, 45763, 45939, 45965 654...... 44595 660 ...... 42762, 43324, 44409, 45764, 45966 678...... 41736 679 ...... 42281, 44595, 45793 Proposed Rules: 14...... 45444 17 ...... 41624, 43100, 43362, 43363, 43901, 44417, 45445, 45446 20 ...... 41925, 43854, 45350 21...... 44229 100...... 43990 216...... 45213 229...... 42803 600...... 41995, 45993 622...... 43656 630...... 44602 648 ...... 43364, 44231, 45793, 45993 660...... 45217 679...... 41782 Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Reader Aids v

REMINDERS Schools and libraries and Robinson Helicopter Co.; West Coast States and The items in this list were rural health care universal published 8-13-98 Western Pacific editorially compiled as an aid support mechanism; TREASURY DEPARTMENT fisheriesÐ funding year change from to Federal Register users. Comptroller of the Currency Precious corals; Inclusion or exclusion from calendar year cycle to comments due by 9-4- Foreign banks, U.S. branches this list has no legal fiscal year cycle, etc. 98; published 7-21-98 and agencies; extended significance. Correction; published 8- examination cycle; published Marine mammals: 28-98 8-28-98 Incidental takingÐ FEDERAL DEPOSIT Rocket launches; RULES GOING INTO INSURANCE CORPORATION EFFECT AUGUST 28, COMMENTS DUE NEXT comments due by 9-4- Foreign banks, U.S. branches 98; published 7-21-98 1998 and agencies; extended WEEK examination cycle; published DEFENSE DEPARTMENT AGRICULTURE 8-28-98 AGRICULTURE Acquisition regulations: DEPARTMENT FEDERAL RESERVE DEPARTMENT Small/disadvantaged Grain Inspection, Packers SYSTEM Agricultural Marketing business; comments due and Stockyards by 8-31-98; published 6- Foreign banks, U.S. branches Service Administration 30-98 and agencies; extended Onions grown inÐ Official/unofficial weighing examination cycle; published Idaho and Oregon; Federal Acquisition Regulation services; published 8-27-98 8-28-98 comments due by 8-31- (FAR): COMMERCE DEPARTMENT Truth in savings (Regulation 98; published 7-2-98 Electronic funds transfer; National Oceanic and DD): Oranges, grapefruit, comments due by 9-4-98; Atmospheric Administration Annual percentage yield tangerines, and tangelos published 7-6-98 Fishery conservation and calculation; published 7- grown inÐ Federal procurement; management: 30-98 Florida; comments due by affirmative action reform; Northeastern United States HEALTH AND HUMAN 8-31-98; published 8-11- comments due by 8-31- fisheriesÐ SERVICES DEPARTMENT 98 98; published 7-1-98 Atlantic mackerel, squid, AGRICULTURE ENVIRONMENTAL and butterfish; published Food and Drug DEPARTMENT PROTECTION AGENCY 8-27-98 Administration Animal and Plant Health Air programs: Atlantic sea scallop; Animal drugs, feeds, and Inspection Service published 8-28-98 related products: Stratospheric ozone protectionÐ West Coast States and New drug applicationsÐ Plant-related quarantine, Western Pacific Neomycin sulfate soluble domestic: Montreal Protocol, U.S. fisheriesÐ powder and oral Fire ant, imported; obligations; production Pacific Coast groundfish; solution; published 8-28- comments due by 8-31- and consumption published 8-27-98 98 98; published 7-2-98 controls; comments due Progesterone and AGRICULTURE by 9-3-98; published 8- DELAWARE RIVER BASIN 4-98 COMMISSION estradiol benzoate; DEPARTMENT Montreal Protocol, U.S. Practice and procedure rules: published 8-28-98 Commodity Credit obligations; production Administrative manualÐ Pyrantel pamoate Corporation suspension; published and consumption Comprehensive plan, Loan and purchase programs: 8-28-98 controls; comments due basin and water quality Price support levelsÐ by 9-3-98; published 8- Medical devices: regulations; clarification Peanuts; cleaning and 4-98 and removal of obsolete Vitamin D test system; reinspection; comments Air programs; approval and provisions; correction; reclassification and due by 9-4-98; promulgation; State plans published 8-28-98 codification; published 7- published 8-5-98 29-98 for designated facilities and ENVIRONMENTAL AGRICULTURE pollutants: INTERIOR DEPARTMENT PROTECTION AGENCY DEPARTMENT New York; comments due Air quality implementation Fish and Wildlife Service Rural Utilities Service by 9-3-98; published 8-4- plans; approval and Migratory bird hunting: Telecommunications standards 98 promulgation; various Seasons, limits, and and specifications: Air quality implementation States: shooting hours; Materials, equipment, and plans; approval and Indiana; published 6-29-98 establishment, etc.; constructionÐ promulgation; various Pennsylvania; published 6- published 8-28-98 States: 29-98 Special equipment PERSONNEL MANAGEMENT specifications; California; comments due by Toxic substances: OFFICE comments due by 9-4- 8-31-98; published 7-31- Chemical substances Health benefits, Federal 98; published 7-6-98 98 manufacturers and employees: Clean Air Act: importers; production and COMMERCE DEPARTMENT Contributions and site reportingrequirements National Oceanic and Acid rain programÐ witholdings; weighted and 1998 inventory Atmospheric Administration Permits and sulfur dioxide average of subscription reporting period; published Fishery conservation and allowance system; charges; published 8-28- 8-28-98 management: revisions; comments 98 Polychlorinated Biphenyls Atlantic swordfish; due by 9-2-98; (PCBs)Ð TRANSPORTATION comments due by 9-1-98; published 8-3-98 Disposal; published 6-29- DEPARTMENT published 8-20-98 Hazardous waste: 98 Federal Aviation Northeastern United States State underground storage FEDERAL Administration fisheriesÐ tank program approvalsÐ COMMUNICATIONS Airworthiness directives: Scallop; comments due by Virginia; comments due COMMISSION Airbus; published 8-13-98 8-31-98; published 6-30- by 9-4-98; published 7- Common carrier services: Raytheon; published 7-16-98 98 30-98 vi Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Reader Aids

Pesticides; tolerances in food, Nevada; comments due by Cotton dust standard; due by 8-31-98; published animal feeds, and raw 8-31-98; published 7-20- meeting; comments due 7-1-98 agricultural commodities: 98 by 8-31-98; published 6- Israel Aircraft Industries, 23-98 Pyriproxyfen (2-[1-methyl-2- Wyoming; comments due by Ltd.; comments due by 9- (4- 8-31-98; published 7-20- Grain handling facilities 4-98; published 8-5-98 phenoxyphenoxy)ethoxy]- 98 standard; comments due pyridine; comments due Pilatus Aircraft Ltd.; GENERAL SERVICES by 8-31-98; published 6- by 9-4-98; published 7-6- comments due by 9-4-98; ADMINISTRATION 23-98 98 published 7-31-98 Acquisition regulations: NATIONAL AERONAUTICS Sodium chlorate; comments AND SPACE Class E airspace; comments Small/disadvantaged due by 8-31-98; published ADMINISTRATION due by 9-3-98; published 7- business; comments due 7-1-98 Acquisition regulations: 24-98 Superfund program: by 8-31-98; published 6- 30-98 Small/disadvantaged VOR Federal airways; National oil and hazardous business; comments due Federal Acquisition Regulation comments due by 8-31-98; substances contingency by 8-31-98; published 6- (FAR): published 7-30-98 planÐ 30-98 Electronic funds transfer; National priorities list Federal Acquisition Regulation TRANSPORTATION comments due by 9-4-98; update; comments due (FAR): DEPARTMENT by 8-31-98; published published 7-6-98 Electronic funds transfer; Maritime Administration 7-30-98 Federal procurement; comments due by 9-4-98; National priorities list Vessel financing assistance: affirmative action reform; published 7-6-98 update; comments due comments due by 8-31- Federal procurement; Obligation guarantees; Title by 8-31-98; published 98; published 7-1-98 XI programÐ 7-30-98 affirmative action reform; HEALTH AND HUMAN comments due by 8-31- Toxic substances: Vessel construction and SERVICES DEPARTMENT 98; published 7-1-98 Lead-based paint activities; shipyard modernization; Children and Families PRESIDIO TRUST closing documentation grant provision Administration amendment; comments Interim management of and application; due by 9-3-98; published Head Start Program: Presidio; general provisions, comments due by 8-31- 8-4-98 Head start grantees and etc.; comments due by 8- 98; published 7-30-98 Lead-based paint; current or prospective 31-98; published 6-30-98 TRANSPORTATION identification of dangerous delegate agencies; appeal TRANSPORTATION DEPARTMENT levels of lead; comments proc edures; comments DEPARTMENT National Highway Traffic due by 9-1-98; published due by 8-31-98; published Coast Guard 6-30-98 Safety Administration 6-3-98 Drawbridge operations: EXPORT-IMPORT BANK HEALTH AND HUMAN Florida; comments due by Motor vehicle safety Freedom of Information Act SERVICES DEPARTMENT 8-31-98; published 6-30- standards: and Privacy Act; Food and Drug 98 Occupant crash protectionÐ implementation; comments Administration TRANSPORTATION Air bag on-off switch due by 9-3-98; published 8- Administrative practice and DEPARTMENT 4-98 location in new procedure: Federal Aviation vehicles; comments due FEDERAL Internal review of agency Administration by 9-3-98; published 7- COMMUNICATIONS decisions; comments due Air traffic operating and flight 20-98 COMMISSION by 8-31-98; published 6- rules, etc.: Common carrier services: Transmission shift lever 16-98 Albuquerque, NM; Kodak Telegraph and telephone sequence requirements for HEALTH AND HUMAN International Balloon vehicles without franks; 1998 biennial SERVICES DEPARTMENT Fiesta; comments due by regulatory review; conventional mechanical Health resources development: 8-31-98; published 7-15- transmission shift levers; comments due by 8-31- 98 98; published 8-5-98 Organ procurement and comments due by 9-2-98; Airworthiness directives: Radio stations; table of transplantation network; published 6-4-98 assignments: operation and de Havilland; comments due by 8-31-98; published 7- TREASURY DEPARTMENT Alabama et al.; comments performance goals; 31-98 due by 8-31-98; published comments due by 8-31- Customs Service 7-20-98 98; published 7-1-98 Airbus; comments due by 8- Vessels in foreign and Guam; comments due by 8- LABOR DEPARTMENT 31-98; published 7-31-98 domestic trades: Bell Helicopter Textron, Inc.; 31-98; published 7-20-98 Mine Safety and Health Boarding vessels, etc.; Kentucky; comments due by Administration comments due by 9-4-98; published 7-6-98 comments due by 9-4-98; 8-31-98; published 7-20- Coal and metal and nonmetal published 7-6-98 Boeing; comments due by 98 mine safety and health: 8-31-98; published 7-2-98 TREASURY DEPARTMENT Michigan; comments due by Surface haulage equipment; British Aerospace; 8-31-98; published 7-20- safety standards; Fiscal Service comments due by 8-31- 98 comments due by 8-31- 98; published 7-31-98 Financial management Montana; comments due by 98; published 7-30-98 8-31-98; published 7-20- Dornier; comments due by services: 98 LABOR DEPARTMENT 8-31-98; published 7-31- Federal claims collection; Nebraska; comments due by Occupational Safety and 98 tax refund offset; 8-31-98; published 7-20- Health Administration First Technology Fire & comments due by 9-3-98; 98 Safety and health standards: Safety Ltd.; comments published 8-4-98