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1 II Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000
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2 III
Contents Federal Register Vol. 65, No. 24
Friday, February 4, 2000
Agricultural Research Service Defense Department NOTICES See Engineers Corps Committees; establishment, renewal, termination, etc.: See Navy Department Agricultural Biotechnology Advisory Committee, 5490– NOTICES 5492 Agency information collection activities: Submission for OMB review; comment request, 5617– Agriculture Department 5618 See Agricultural Research Service Arms sales notification; transmittal letter, etc., 5618–5622 See Farm Service Agency Grants and cooperative agreements; availability, etc.: See Forest Service National Security Education Program; institutional grants, RULES 5622 Organization, functions, and authority delegations: Agency Administrators, 5414–5418 NOTICES Drug Enforcement Administration Meetings: NOTICES National Agricultural Research, Extension, Education, Applications, hearings, determinations, etc.: and Economics Advisory Board, 5490 Cavanagh, James Garvey, M.D., 5661 Dolin, Michael G., M.D., 5661–5662 Army Department Golden, Robert M., M.D., 5663–5665 See Engineers Corps Harline, Wesley G., M.D., 5665–5672 Henderson, Judy L., D.V.M., 5672–5675 Blind or Severely Disabled, Committee for Purchase From Hutchinson, Archibald W., M.D., 5675–5676 People Who Are Jones, Kenneth Leroy, M.D., 5676–5677 See Committee for Purchase From People Who Are Blind or Leach, Richard Eaton, M.D., 5677–5678 Severely Disabled Lusskin, Brett L., M.D., 5678 Marshall, Charles W., D.P.M., 5678–5679 Chemical Safety and Hazard Investigation Board Miller, Melvin John, M.D., 5679 NOTICES Neujahr, Theodore A., D.V.M., 5680–5682 Meetings; Sunshine Act, 5494 Patterson, Michael Alan, M.D., 5682–5686 Saxton, Paul W., D.O., 5686–5688 Civil Rights Commission Van Nostrand-Perkins, C., M.D., 5689 NOTICES Meetings; State advisory committees: Economic Development Administration Arizona, 5494 NOTICES New Hampshire, 5494 Trade adjustment assistance eligibility determination petitions: Commerce Department Sunshine Cap Co. et al., 5494–5495 See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration Employment and Training Administration See National Oceanic and Atmospheric Administration NOTICES Adjustment assistance: Commission of Fine Arts Burlen Corp., 5692 NOTICES Chester County Sportswear, 5692 Meetings, 5616 Foster Wheeler et al., 5692–5693 Fox Point Sportswear et al., 5693–5694 Committee for Purchase From People Who Are Blind or Guidant Intermedics, 5694 Severely Disabled Motorola, Inc., et al., 5694–5695 NOTICES Sony Magnetic Products Inc. of America, 5695 Procurement list; additions and deletions, 5492–5493 Whistler Corp. of Massachusetts, 5695 Procurement list; additions and deletions; correction, 5494 Adjustment assistance and NAFTA transitional adjustment assistance: Consumer Product Safety Commission Barry Callebaut USA, Inc., 5690 NOTICES Cooper Energy Service et al., 5690–5692 Agency information collection activities: Alien temporary employment labor certification process: Submission for OMB review; comment request, 5616– Agriculture and logging; adverse effect wage rates, meal 5617 charges, and maximum travel subsistence reimbursement, 5696–5697 Customs Service NAFTA transitional adjustment assistance: RULES Philips Electronics North America Corp., 5697–5698 Tariff-rate quotas: Tultex Corp. et al., 5698–5699 Sugar-containing products; export certificates, 5430–5431 Whistler Corp. of Massachusetts, 5699
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Employment Standards Administration Export-Import Bank NOTICES NOTICES Minimum wages for Federal and federally-assisted Agency information collection activities: construction; general wage determination decisions, Proposed collection; comment request, 5644 5699–5700 Farm Service Agency Energy Department PROPOSED RULES See Federal Energy Regulatory Commission Farm marketing quotas, acreage allotments, and production NOTICES adjustments: Meetings: Commodity programs; farm reconstitutions, 5444–5447 Secretary of Energy Advisory Board, 5624–5625 Federal Aviation Administration Engineers Corps RULES NOTICES Airworthiness directives: Environmental statements; notice of intent: AeroSpace Technologies of Australia Pty Ltd., 5421–5422 Eastern Arkansas Region Comprehensive Study, AK, Empresa Brasileira de Aeronautica S.A., 5425–5427 5622–5623 Harbin Aircraft Manufacturing Corp., 5419–5421 Logan County, WV; Hobert Mining, Inc.’s mining Mitsubishi, 5422–5424 activities, 5623–5624 Pilatus Aircraft Ltd, 5428–5429 SOCATA—Groupe AEROSPATIALE, 5427–5428 Environmental Protection Agency Twin Commander Aircraft Corp., 5424–5425 PROPOSED RULES RULES Airworthiness directives: Air quality implementation plans; approval and Boeing, 5455–5456, 5459–5465 promulgation; various States: Eurocopter Deutschland GMBH, 5453–5455 California, 5433–5435 Fokker, 5456–5458 Superfund program: NOTICES National oil and hazardous substances contingency Airport noise compatibility program: plan— Noise exposure map— National priorities list update, 5435–5442 Post Columbus International Airport, OH, 5718–5719 Toxic substances: Passenger facility charges; applications, etc.: Polychlorinated biphenyls (PCBs)— McAllen International, TX, 5719 Authorizations; CFR correction, 5442 Technical standard orders: PROPOSED RULES Gas turbine auxiliary power units, 5720 Air quality implementation plans; approval and promulgation; various States: Federal Energy Regulatory Commission California, 5465–5468 NOTICES Superfund program: Electric rate and corporate regulation filings: National oil and hazardous substances contingency Panda Gila River, L.P., et al., 5625–5629 plan— Wisconsin Electric Power Co. et al., 5629–5633 National priorities list update, 5468–5474 Meetings: NOTICES Regional transmission organizations; regional Agency information collection activities: collaborative workshops, 5633 Proposed collection; comment request, 5633–5634 Applications, hearings, determinations, etc.: Environmental statements; availability, etc.: Florida Gas Transmission Co., 5625 Agency statements— Natural Gas Pipeline Co. of America, 5625 Comment availability, 5634–5635 Weekly receipts, 5635 Federal Highway Administration Meetings: NOTICES Environmental Laboratory Advisory Board, 5635–5636 Environmental statements; notice of intent: FIFRA Scientific Advisory Panel, 5636–5637 Washington and Benton Counties, AR, 5720 Science Advisory Board, 5637–5639 Pesticide, food, and feed additive petitions: Federal Housing Finance Board Novartis Crop Protection, Inc., 5639–5643 RULES Reports and guidance documents; availability, etc.: Affordable housing program operation: QTRACER Program for tracer-breakthrough curve analysis Reporting and recordkeeping requirements, 5418–5419 for karst and fractured-rock aquifers; and lexicon of PROPOSED RULES cave and karst terminology, 5643–5644 Federal home loan bank system: Superfund; response and remedial actions, proposed Appropriate present-value factors associated with settlements, etc.: payments made to Resolution Funding Corporation, Lakewood Battery Site, GA, 5644 5447–5453
Equal Employment Opportunity Commission Federal Railroad Administration NOTICES NOTICES Meetings; Sunshine Act, 5644 Agency information collection activities: Proposed collection; comment request, 5721–5723 Executive Office of the President Exemption petitions, etc.: See Presidential Documents National Railroad Passenger Corp. (Amtrak), 5723
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Federal Reserve System Housing and Urban Development Department NOTICES NOTICES Banks and bank holding companies: Grants and cooperative agreements; availability, etc.: Formations, acquisitions, and mergers, 5644–5645 Facilities to assist homeless— Permissible nonbanking activities, 5645 Excess and surplus Federal property, 5651–5653 Meetings; Sunshine Act, 5645 Interior Department Federal Retirement Thrift Investment Board See Fish and Wildlife Service NOTICES See Land Management Bureau Meetings; Sunshine Act, 5645 Internal Revenue Service Fine Arts Commission RULES See Commission of Fine Arts Income taxes: Qualified retirement plans; remedial amendment period, Fish and Wildlife Service 5432–5433 PROPOSED RULES Endangered and threatened species: International Trade Administration Findings on petitions, etc.— NOTICES Black-tailed prairie dog, 5476–5488 Antidumping: NOTICES Axes and adzes and picks and mattocks from— Environmental statements; availability, etc.: China, 5497–5499 Incidental take permits— Cold-rolled flat-rolled carbon-quality steel products Bastrop County, TX; Houston toad, 5653–5655 from— San Dieguito Lagoon Restoration Plan, CA, 5655–5656 Brazil, 5536–5583 Russian Federation, 5500-5520 Food and Drug Administration South Africa, 5529–5536 NOTICES Various countries, 5520–5529 Reports and guidance documents; availability, etc.: Venezuela, 5499-5500 Investigational new drug meetings for human drugs and Creatine monohydrate from— biologics; chemistry, manufacturing, and controls China, 5583–5584 information; industry guidance, 5645–5646 Fresh and chilled Atlantic salmon from— Norway, 5584–5587 Foreign-Trade Zones Board Large diameter carbon and alloy seamless standard, line, NOTICES and pressure pipe from— Applications, hearings, determinations, etc.: Mexico, 5587–5591 California, 5495–5496 Pasta from— Indiana Italy and Turkey, 5591–5592 Alfa Laval Distribution, Inc.; separator and decanter Polyethylene terephthalate film from— centrifuge equipment/parts warehousing/ Korea, 5592–5594 distribution facility, 5496 Small diameter carbon and alloy seamless standard, line, Puerto Rico and pressure pipe from— Mani Can Corp.; steel can processing facilities, 5496 Czech Republic, 5599–5604 Romania, 5594–5599 Forest Service Stainless steel butt-weld pipe and tube fittings from— PROPOSED RULES Various countries, 5604–5607 National Forest System land and resource management Welded stainless steel pipes from— planning, 5465 Korea and Taiwan, 5607–5611 Countervailing duties: Health and Human Services Department Iron-metal castings from— See Food and Drug Administration India, 5611–5612 See Health Resources and Services Administration Export trade certificates of review, 5612–5613 See Substance Abuse and Mental Health Services Administration International Trade Commission PROPOSED RULES NOTICES Grants and cooperative agreements; availability, etc.: Import investigations: Substance Abuse Prevention and Treatment (SAPT) block Bulk acetylsalicylic acid (aspirin) from— grant program— China, 5659–5660 Application deadline, 5474–5476 Internal combustion industrial forklift trucks from— Japan, 5660–5661 Health Resources and Services Administration NOTICES Justice Department Agency information collection activities: See Drug Enforcement Administration Proposed collection; comment request, 5646–5647 See National Institute of Corrections Grants and cooperative agreements; availability, etc.: Community Access Program, 5647–5649 Labor Department Meetings: See Employment and Training Administration Migrant Health National Advisory Council; correction, See Employment Standards Administration 5649–5650 See Mine Safety and Health Administration
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NOTICES IES Utilities Inc., 5703–5704 Agency information collection activities: Rio Algom Mining Corp., 5704–5705 Submission for OMB review; comment request, 5689– Wisconsin Electric Power Co., 5705–5706 5690 Wisconsin Public Service Corp. et al., 5706–5707 Land Management Bureau Occupational Safety and Health Review Commission NOTICES NOTICES Closure of public lands: Meetings; Sunshine Act, 5707 California, 5656–5657 Environmental statements; availability, etc.: Presidential Documents Naval Air Station Fallon, NV; Fallon Range Training ADMINISTRATIVE ORDERS Complex requirements, 5657 International entities; certification against withholding Motor vehicle use restrictions: funds (Memorandum of January 31, 2000), 5407 Oregon, 5657–5658 Puerto Rico, range facilities on Vieques, community Oil and gas leases: assistance (Directive of January 31, 2000), 5731 Wyoming, 5658 Puerto Rico, range facilities on Vieques, referendum Realty actions; sales, leases, etc.: (Directive of January 31, 2000), 5727–5730 Arizona, 5658 Nevada, 5658–5659 Public Health Service See Food and Drug Administration Merit Systems Protection Board See Health Resources and Services Administration RULES See Substance Abuse and Mental Health Services Practice and procedure: Administration Uniformed Services Employment and Reemployment Rights Act and Veterans Employment Opportunities Railroad Retirement Board Act; implementation— NOTICES Appeals, 5410–5414 Meetings: Appeals; cross-references, 5409 Actuarial Advisory Committee, 5707 Mine Safety and Health Administration Securities and Exchange Commission NOTICES NOTICES Safety standard petitions: Investment Company Act of 1940: CONSOL of Kentucky, Inc., et al., 5700–5702 Deregistration applications— Sefton Funds Trust et al., 5707–5709 National Institute of Corrections Exemption applications— NOTICES HT Insight Funds, Inc., et al., 5709–5711 Meetings: Salomon Smith Barney Inc. et al., 5711–5713 Advisory Board, 5689 Meetings; Sunshine Act, 5714 Self-regulatory organizations; proposed rule changes: National Oceanic and Atmospheric Administration Depository Trust Co., 5714–5715 RULES National Association of Securities Dealers, Inc., 5715– Fishery conservation and management: 5717 Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish; correction, State Department 5442–5443 NOTICES PROPOSED RULES Agency information collection activities: Fishery conservation and management: Submission for OMB review; comment request, 5717 Northeastern United States fisheries— Meetings: Atlantic sea scallop, 5488–5489 Private International Law Advisory Committee, 5717– NOTICES 5718 Agency information collection activities: Proposed collection; comment request, 5613–5615 Substance Abuse and Mental Health Services Meetings: Administration Pacific Fishery Management Council, 5615–5616 NOTICES National Weather Service; modernization and restructuring: Federal agency urine drug testing; certified laboratories Weather Service offices— meeting minimum standards, list, 5650–5651 Consolidation, automation, and closure certification, 5616 Surface Transportation Board NOTICES Navy Department Railroad operation, acquisition, construction, etc.: NOTICES Union Pacific Railroad Co., 5724 Environmental statements; availability, etc.: Naval Air Station Fallon, NV; Fallon Range Training Thrift Supervision Office Complex requirements, 5657 NOTICES Agency information collection activities: Nuclear Regulatory Commission Proposed collection; comment request, 5724–5725 NOTICES Applications, hearings, determinations, etc.: Transportation Department Commonwealth Edison Co. et al., 5702–5703 See Federal Aviation Administration
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See Federal Highway Administration Separate Parts In This Issue See Federal Railroad Administration See Surface Transportation Board Part II The President, 5727–5731 Treasury Department See Customs Service Reader Aids See Internal Revenue Service Consult the Reader Aids section at the end of this issue for See Thrift Supervision Office phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Administrative Orders: Directive of January 31, 2000 ...... 5727 Directive of January 31, 2000 ...... 5727 Presidential Determinations: No. 2000-10 of January 31, 2000 ...... 5407 5 CFR 1201...... 5409 1208...... 5410 7 CFR 2...... 5414 Proposed Rules: 718...... 5444 12 CFR 960...... 5418 Proposed Rules: 951...... 5447 997...... 5447 14 CFR 39 (7 documents) ...... 5419, 5421, 5422, 5424, 5425, 5427, 5428 Proposed Rules: 39 (4 documents) ...... 5453, 5455, 5456, 5459 19 CFR 132...... 5430 163...... 5430 26 CFR 1...... 5432 36 CFR Proposed Rules: 217...... 5462 219...... 5462 40 CFR 52...... 5433 300...... 5435 761...... 5442 Proposed Rules: 52 (2 documents) ...... 5462, 5463 300...... 5465 45 CFR Proposed Rules: 96...... 5471 50 CFR 679...... 5442 Proposed Rules: 17...... 5474 648...... 5486
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Federal Register Presidential Documents Vol. 65, No. 24
Friday, February 4, 2000
Title 3— Presidential Determination No. 2000–10 of January 31, 2000
The President Determination Pursuant to Section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, as Contained in the Consolidated Appropriations Act for FY 2000 (Public Law 106–113)
Memorandum for the Secretary of State
Pursuant to section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, as Contained in the Consolidated Appropriations Act for FY 2000 (Public Law 106–113), I hereby certify that withholding from international financial institutions and other inter- national organizations and programs funds appropriated or otherwise made available pursuant to that Act is contrary to the national interest. You are authorized and directed to publish this determination in the Federal Register. œ–
THE WHITE HOUSE, Washington, January 31, 2000.
[FR Doc. 00–2684 Filed 2–3–00; 8:45 am] Billing code 4710–10–M
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Rules and Regulations Federal Register Vol. 65, No. 24
Friday, February 4, 2000
This section of the FEDERAL REGISTER references to the new part 1208 and to appeals under the Uniformed Services contains regulatory documents having general remove provisions that have been Employment and Reemployment Rights applicability and legal effect, most of which incorporated into the new part 1208. Act (Public Law 103–353), as amended; are keyed to and codified in the Code of The Board is publishing this rule as see part 1208 of this title. See part 1208 Federal Regulations, which is published under a final rule pursuant to 5 U.S.C. 1204(h). 50 titles pursuant to 44 U.S.C. 1510. of this title for the statutory filing time List of Subjects in 5 CFR Part 1201 limits applicable to appeals under the The Code of Federal Regulations is sold by Veterans Employment Opportunities Administrative practice and the Superintendent of Documents. Prices of Act (Public Law 105–339). See part 1209 procedure, Civil rights, Government new books are listed in the first FEDERAL of this title for the statutory filing time REGISTER issue of each week. employees, Lawyers. limits applicable to whistleblower Accordingly, the Board amends 5 CFR appeals and stay requests. part 1201 as follows: MERIT SYSTEMS PROTECTION 1. The authority citation for part 1201 § 1201.31 [Amended] BOARD is revised to read as follows: 4. Section 1201.31 is amended by 5 CFR Part 1201 Authority: 5 U.S.C. 1204 and 7701, unless removing paragraph (e) in its entirety. otherwise noted. Practices and Procedures 2. Section 1201.3 is amended by § 1201.121 [Amended] adding ‘‘and’’ at the end of paragraph AGENCY: Merit Systems Protection 5. Section 1201.121 is amended by Board. (a)(20), by removing ‘‘; and’’ at the end of paragraph (a)(21) and adding a period revising the last sentence of paragraph ACTION: Final rule. in its place, by removing paragraph (c) to read as follows: ‘‘Such appeals are SUMMARY: The Merit Systems Protection (a)(22) in its entirety, by redesignating governed by part 1208 of this title.’’ Board (MSPB or the Board) is amending paragraph (b) as paragraph (b)(2), and by 6. Section 1201.202 is amended by its rules of practice and procedure in adding a new paragraph (b)(1) to read as removing ‘‘and’’ at the end of paragraph this part to conform certain provisions follows: (a)(6), by removing the period at the end to the new part 1208 of the Board’s § 1201.3 Appellate jurisdiction. of paragraph (a)(7) and adding in its regulations that is being issued place ‘‘; and’’, by adding a new simultaneously with this amendment. (a) * * * (b)(1) Appeals under the Uniformed paragraph (a)(8), and by revising The new part 1208 describes the Board’s Services Employment and paragraph (d)(1) to read as follows: practices and procedures with respect to Reemployment Rights Act and the appeals filed under the Uniformed § 1201.202 Authority for awards. Veterans Employment Opportunities Services Employment and Act. Appeals filed under the Uniformed (a) * * * Reemployment Rights Act of 1994, as Services Employment and amended, and the Veterans Employment (8) Attorney fees, expert witness fees, Reemployment Rights Act (Public Law Opportunities Act of 1998. This part is and other litigation expenses, as 103–353), as amended, and the Veterans being amended to provide appropriate authorized by the Veterans Employment Employment Opportunities Act (Public cross-references to the new part 1208 Opportunities Act; 5 U.S.C. 3330c(b). Law 105–339) are governed by part 1208 and to remove provisions that have been of this title. The provisions of subparts * * * * * incorporated into the new part 1208. A, B, C, and F of part 1201 apply to (d)(1) A proceeding on the merits is a EFFECTIVE DATE: February 4, 2000. appeals governed by part 1208 unless proceeding to decide an appeal of an FOR FURTHER INFORMATION CONTACT: other specific provisions are made in agency action under 5 U.S.C. 1221 or Robert E. Taylor, Clerk of the Board, that part. The provisions of subpart H of 7701, an appeal under 38 U.S.C. 4324, (202) 653–7200. this part regarding awards of attorney an appeal under 5 U.S.C. 3330a, a SUPPLEMENTARY INFORMATION: The Board fees apply to appeals governed by part request to review an arbitration decision is publishing separately a new part 1208 1208 of this title. under 5 U.S.C. 7121(d), a Special of its rules of practice and procedure to (2) * * * Counsel complaint under 5 U.S.C. 1214 cover appeals filed under the Uniformed * * * * * or 1215, or an agency action against an Services Employment and 3. Section 1201.22 is amended by administrative law judge under 5 U.S.C. Reemployment Rights Act of 1994 revising paragraph (b)(2) to read as 7521. (USERRA) (Public Law 103–353), as follows: amended, and the Veterans Employment * * * * * Opportunities Act of 1998 (VEOA) § 1201.22 Filing an appeal and responses Dated: January 28, 2000. to appeals. (Public Law 105–339). Because certain Robert E. Taylor, provisions regarding USERRA appeals (a) * * * have been included previously in part (b) Time of filing. (1) * * * Clerk of the Board. 1201 (interim rule at 62 FR 66813, (2) The time limit prescribed by [FR Doc. 00–2338 Filed 2–3–00; 8:45 am] December 22, 1997; final rule at 64 FR paragraph (b)(1) for filing an appeal BILLING CODE 7400±01±U 54507, October 7, 1999), certain changes does not apply where a law or are necessary to conform that part to the regulation establishes a different time new part 1208. Part 1201 is being limit or where there is no applicable amended to provide appropriate cross- time limit. No time limit applies to
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MERIT SYSTEMS PROTECTION Reemployment Rights Act of 1994 to try to resolve the matter. (In the BOARD (USERRA), Public Law 103–353, as Department of Labor, both USERRA and amended, and the Veterans Employment VEOA complaints are processed by the 5 CFR Part 1208 Opportunities Act of 1998 (VEOA), Veterans Employment and Training Public Law 105–339, extend the Service.) Despite these similarities, Practices and Procedures for Appeals jurisdiction of the Merit Systems there are significant differences between Under the Uniformed Services Protection Board to include complaints USERRA and VEOA, as summarized Employment and Reemployment filed by covered persons, principally below. Rights Act and the Veterans veterans, under each of these laws. Employment Opportunities Act The Board has previously issued Violations Covered AGENCY: Merit Systems Protection regulations to implement provisions of USERRA: The provisions of USERRA Board. USERRA in an amendment to its rules (codified at chapter 43 of title 38, at 5 CFR part 1201 (interim rule at 62 ACTION: Interim rule; request for United States Code) covering Federal comments. FR 66813, December 22, 1997; final rule employees apply to claims that a at 64 FR 54507, October 7, 1999). Federal agency employer or the Office of SUMMARY: The Merit Systems Protection Various provisions of VEOA require or Personnel Management has failed or Board (MSPB or the Board) is permit the Board to issue regulations to refused to provide an employment or publishing a new part 1208 of its implement particular procedural reemployment right or benefit to which regulations to describe its practices and requirements of that law (5 U.S.C. a person is entitled after service in a procedures with respect to appeals filed 3330a(d)(1), 5 U.S.C. 3330a(d)(2)(B), and uniformed service (other than claims under the Uniformed Services 5 U.S.C. 3330b(c)). relating to benefits under the Thrift Employment and Reemployment Rights The Board believes that persons who Savings Plan for Federal employees). Act of 1994, as amended, and the file appeals under USERRA or VEOA, USERRA also applies to claims of Veterans Employment Opportunities their representatives, and the agency discrimination based on uniformed Act of 1998. The Uniformed Services parties to such appeals will best be service in connection with initial Employment and Reemployment Rights served by combining the regulations employment, reemployment, retention Act permits a person covered by that that apply only to USERRA and VEOA in employment, promotion, or any law to appeal to the Board if a Federal appeals in a single place in the Board’s benefit of employment (38 U.S.C. agency employer or the Office of rules. Therefore, the Board is issuing a 4311(a)) and claims of reprisal (38 Personnel Management fails or refuses new 5 CFR part 1208, titled ‘‘Practices U.S.C. 4311(b)). and Procedures for Appeals under the to provide an employment or VEOA: The redress mechanism Uniformed Services Employment and reemployment right or benefit to which established by VEOA (section 3 of the the person is entitled after service in a Reemployment Rights Act and the Veterans Employment Opportunities Act, codified at 5 U.S.C. 3330a through uniformed service. The Veterans 3330c) applies to claims that a Federal Employment Opportunities Act permits Act.’’ The Board is publishing simultaneouly a rule making agency has violated a preference a person entitled to veterans’ preference eligible’s rights under any statute or to appeal to the Board if a Federal conforming amendments to part 1201. To the extent consistent with the regulation relating to veterans’ agency violates the person’s rights preference. under any statute or regulation relating statutory requirements of USERRA and to veterans’ preference. While both of VEOA, the Board is processing appeals Persons Covered these laws are intended to provide under these laws in the same manner as it processes other appeals under the USERRA: The reemployment protections for veterans, and while there provisions of USERRA apply to persons are similarities in the procedures and Board’s appellate jurisdiction regulations, subparts B and C of 5 CFR who have left their employment for remedies under each of the laws, there service in a uniformed service, provided are significant differences as well. The part 1201. Therefore, the new part 1208 contains only provisions that are unique they satisfy the Act’s requirements purpose of this new part is to provide relating to such matters as advance guidance to parties and their to USERRA and VEOA, and parties should refer to the appellate jurisdiction notice to the employer, cumulative representatives on how to proceed in length of absence, character of service, cases filed under these laws. procedures of part 1201 for other applicable requirements. and the time limits for reporting back to The Board is simultaneously work. publishing an amendment to its rules at The Board’s approach in the new part The USERRA anti-discrimination 5 CFR part 1201 to conform certain 1208, generally, is to include only provision is broader; it applies to provisions in that part to the new part provisions that restate or implement anyone who has served, applied to 1208. specific statutory requirements of USERRA and VEOA. For both USERRA serve, or has an obligation to serve in a DATES: Effective February 4, 2000. and VEOA appeals, the new part 1208 uniformed service. (It applies only to Submit written comments on or before includes additional requirements for the such a person; there is no derived right April 4, 2000. content of an appeal to ensure that for a parent or spouse to claim ADDRESSES: Send comments to Robert E. information the Board needs to discrimination based on a person’s Taylor, Clerk of the Board, Merit determine whether it has jurisdiction uniformed service; see Lourens v. Systems Protection Board, 1120 over an appeal under USERRA or VEOA MSPB, Fed. Cir. No. 99–3153, October Vermont Avenue, NW, Washington, DC is provided when the appeal is filed. 13, 1999.) The prohibition against 20419. Comments may be sent via e- USERRA and VEOA are similar in reprisal in USERRA applies to anyone mail to [email protected]. that both provide new redress who exercises a right under the Act, FOR FURTHER INFORMATION CONTACT: mechanisms for the protection of certain assists someone else to exercise such a Robert E. Taylor, Clerk of the Board, veterans’ rights. They are also similar in right, or testifies in a proceeding under (202) 653–7200. that an appeal under each law may be the Act, regardless of whether the SUPPLEMENTARY INFORMATION: The filed with the Board after an appellant person alleging reprisal has served in a Uniformed Services Employment and has first asked the Department of Labor uniformed service.
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VEOA: The VEOA redress mechanism Such representation is available only reasonable attorney fees, expert witness applies to preference eligibles. The where the person has filed a USERRA fees, and other litigation expenses. requirements a veteran (and, in certain complaint with the Secretary of Labor, Judicial Review instances, a mother or spouse of a the Secretary has notified the person veteran) must satisfy for preference that the Department of Labor cannot USERRA: USERRA explicitly eligible status are set forth at 5 U.S.C. resolve the complaint, and the person provides that a final Board decision on 2108. asks the Secretary to refer the complaint a USERRA appeal is subject to judicial to the Special Counsel. There is no review in accordance with 5 U.S.C. Choice of Procedure and Exhaustion provision for representation by the 7703, which provides for judicial review Requirements Special Counsel where a person files a by the United States Court of Appeals USERRA: USERRA permits a covered USERRA appeal directly with the Board. for the Federal Circuit. person to initiate a proceeding under Regardless of whether a USERRA VEOA: VEOA does not include a the Act either by filing with the appellant files with the Board directly, judicial review provision comparable to Secretary of Labor or by filing directly after exhausting the procedures of the that in USERRA. It does, however, with the Board. The Board has ruled Department of Labor, or after the Special implicitly acknowledge that a final that a person who files a formal Counsel has declined to represent the Board decision on a VEOA appeal is complaint with the Secretary of Labor appellant, he may choose a subject to judicial review by referring to must exhaust the procedures of the representative in accordance with the the Board’s issuance of a ‘‘judicially Department of Labor before an appeal Board’s regulations at 5 CFR 1201.31. reviewable decision.’’ In the absence of may be filed with the Board. Petersen v. VEOA: VEOA contains no provisions an explicit judicial review provision, Department of the Interior, 71 M.S.P.R. regarding representation of a VEOA the Board relies on precedent construing 227 (1996). If the person simply seeks appellant. The appellant may choose a the applicability of 5 U.S.C. 7703 to assistance from the Department of representative in accordance with the final Board decisions in cases other than Labor, however, and does not file a Board’s regulations at 5 CFR 1201.31. those decided under chapter 77 of title formal complaint, the exhaustion 5, United States Code (See, e.g., Frazier, requirement does not apply. Termination of Proceeding et al., v. MSPB, 672 F.2d 150, 160 (D.C. VEOA: VEOA requires a preference USERRA: There is no provision in Cir. 1982)). Therefore, the Board’s eligible who alleges a violation of USERRA for a person who has filed a decisions on VEOA appeals will provide veterans’ preference to file first with the USERRA appeal with the Board to notice that judicial review is available Secretary of Labor. The Board has no terminate the Board proceeding before it in the United States Court of Appeals jurisdiction over a VEOA appeal until has concluded with the issuance of a for the Federal Circuit. the Department of Labor procedures decision. Appeals Under Another Law, Rule, or VEOA: VEOA permits a person who have been exhausted. Regulation. has filed a VEOA appeal to elect to Filing Time Limits terminate the Board proceeding and file USERRA: Nothing in USERRA USERRA: USERRA contains no a civil action in district court if the prevents an appellant who may appeal statutory time limit for filing a Board has not issued a judicially an agency action to the Board under any complaint either with the Secretary of reviewable decision within 120 days other law, rule, or regulation from Labor or with the Board. The Board has after the appeal was filed. The Board raising a claim of a USERRA violation determined that it would be proceeding must terminate immediately in that appeal. The Board has ruled that inconsistent with the Congressional upon the Board’s receipt of the it will treat such a claim as an intent in enacting USERRA and its appellant’s election. affirmative defense that the agency predecessor laws for the Board to action was not in accordance with law. establish a filing time limit by Remedies See Morgan v. United States Postal regulation. Therefore, there is no time USERRA and VEOA: Both laws Service, 82 M.S.P.R. 1 (1999). limit for filing a USERRA appeal. provide that if the Board determines VEOA: VEOA provides that a VEOA: VEOA establishes statutory that the agency has committed a preference eligible who may appeal filing time limits for each stage of the violation, the Board must order the directly to the Board from an agency redress procedure. Unless the Secretary agency to comply with the provision(s) action that is appealable under any of Labor has notified the appellant that violated and award compensation for other law, rule, or regulation, may do so the Department of Labor has been any loss of wages or benefits suffered by in lieu of administrative redress under unable to resolve the appellant’s VEOA the appellant because of the violation. VEOA (emphasis added) (5 U.S.C. complaint, a VEOA appeal may not be USERRA: USERRA provides that any 3330a(e)(1)). Such an appellant, filed with the Board before the 61st day compensation received by the appellant however, may not pursue redress for an after the complaint was filed with the pursuant to the Board’s order shall be in alleged violation of veterans’ preference Secretary. If the Secretary notifies the addition to any other right or benefit under VEOA at the same time he appellant that the Department of Labor provided for by chapter 43 of title 38, pursues redress for the violation under has been unable to resolve the United States Code, and shall not any other law, rule, or regulation (5 complaint, any VEOA appeal to the diminish any such right or benefit. U.S.C. 3330a(e)(2)). An appellant who Board must be filed within 15 days of USERRA also permits the Board, when elects to appeal to the Board under the date of receipt of the Secretary’s it orders an agency to comply, to award another law, rule, or regulation must notice. VEOA does not provide for reasonable attorney fees, expert witness comply with the provisions of subparts waiver of any of its statutory filing time fees, and other litigation expenses. B and C of 5 CFR part 1201, including limits for good cause. VEOA: VEOA provides that where the the time of filing requirement of 5 CFR Board finds that the agency’s violation § 1201.22(b)(1). Representation was willful, it must award an amount The Board is publishing this rule as USERRA: USERRA authorizes the equal to backpay as liquidated damages. an interim rule pursuant to 5 U.S.C. Special Counsel to represent a person in VEOA also requires the Board, when it 1204(h), 5 U.S.C. 3330a, 5 U.S.C. 3330b, a USERRA appeal before the Board. orders an agency to comply, to award and 38 U.S.C. 4331.
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List of Subjects in 5 CFR Part 1208 § 1208.2 Jurisdiction. (c) USERRA appeal. ‘‘USERRA (a) USERRA. Under 38 U.S.C. 4324, a appeal’’ means an appeal filed under 38 Administrative practice and person entitled to the rights and benefits U.S.C. 4324, as enacted by the procedure, Government employees, provided by chapter 43 of title 38, Uniformed Services Employment and Veterans. United States Code, may file an appeal Reemployment Rights Act of 1994 Accordingly, the Board amends 5 CFR with the Board alleging that a Federal (Public Law 103–353), as amended. The chapter II, subchapter A, by adding part agency employer or the Office of term includes an appeal that alleges a 1208 reading as follows: Personnel Management has failed or violation of a predecessor statutory refused, or is about to fail or refuse, to provision of chapter 43 of title 38, PART 1208ÐPRACTICES AND comply with a provision of that chapter United States Code. PROCEDURES FOR APPEALS UNDER (other than a provision relating to (d) VEOA appeal. ‘‘VEOA appeal’’ THE UNIFORMED SERVICES benefits under the Thrift Savings Plan means an appeal filed under 5 U.S.C. EMPLOYMENT AND REEMPLOYMENT for Federal employees). In general, the 3330a, as enacted by the Veterans RIGHTS ACT AND THE VETERANS provisions of chapter 43 of title 38 that Employment Opportunities Act of 1998 EMPLOYMENT OPPORTUNITIES ACT apply to Federal employees guarantee (Public Law 105–339). various reemployment rights following a Subpart AÐJurisdiction and Definitions Subpart BÐUSERRA Appeals period of service in a uniformed service, Sec. provided the employee satisfies the § 1208.11 Choice of procedure under 1208.1 Scope. requirements for coverage under that USERRA; exhaustion requirement. 1208.2 Jurisdiction. 1208.3 Application of 5 CFR part 1201. chapter. In addition, chapter 43 of title (a) Choice of procedure. An appellant 1208.4 Definitions. 38 prohibits discrimination based on a may file a USERRA appeal directly with person’s service—or application or Subpart BÐUSERRA Appeals the Board under this subpart or may file obligation for service—in a uniformed a complaint with the Secretary of Labor 1208.11 Choice of procedure under service (38 U.S.C. 4311). This under 38 U.S.C. 4322. USERRA; exhaustion requirement. prohibition applies with respect to (b) Exhaustion requirement. If an 1208.12 Time of filing. initial employment, reemployment, appellant files a complaint with the 1208.13 Content of appeal; request for retention in employment, promotion, or hearing. Secretary of Labor under 38 U.S.C. 4322, 1208.14 Representation by Special Counsel. any benefit of employment. the appellant may not file a USERRA 1208.15 Remedies. (b) VEOA. Under 5 U.S.C. 3330a, a appeal with the Board until the 1208.16 Appeals under another law, rule, or preference eligible who alleges that a Secretary notifies the appellant in regulation. Federal agency has violated his rights accordance with 38 U.S.C. 4322(e) that Subpart CÐVEOA Appeals under any statute or regulation relating the Secretary has been unable to resolve to veterans’ preference may file an the complaint. An appellant who seeks 1208.21 VEOA exhaustion requirement. appeal with the Board, provided that he 1208.22 Time of filing. assistance from the Secretary of Labor 1208.23 Content of appeal; request for has satisfied the statutory requirements under 38 U.S.C. 4321 but does not file hearing. for first filing a complaint with the a complaint with the Secretary under 38 1208.24 Election to terminate MSPB Secretary of Labor and allowing the U.S.C. 4322 is not subject to the proceeding. Secretary at least 60 days to attempt to exhaustion requirement of this 1208.25 Remedies. resolve the complaint. paragraph. 1208.26 Appeals under another law, rule, or (c) Appeals after exhaustion of § 1208.3 Application of 5 CFR part 1201. regulation. Department of Labor procedure. When Authority: 5 U.S.C. 1204(h), 3330a, 3330b; Except as expressly provided in this an appellant receives notice from the 38 U.S.C. 4331. part, the Board will apply subparts A Secretary of Labor in accordance with (Jurisdiction and Definitions), B 38 U.S.C. 4322(e) that the Secretary has Subpart AÐJurisdiction and (Procedures for Appellate Cases), C been unable to resolve the complaint, Definitions (Petitions for Review of Initial the appellant may file a USERRA appeal Decisions), and F (Enforcement of Final § 1208.1 Scope. directly with the Board or may ask the Decisions and Orders) of 5 CFR part Secretary to refer the complaint to the This part governs appeals filed with 1201 to appeals governed by this part. Special Counsel. If the Special Counsel the Board under the provisions of 38 The Board will apply the provisions of agrees to represent the appellant, the U.S.C. 4324, as enacted by the subpart H (Attorney Fees, and Litigation Special Counsel may file a USERRA Uniformed Services Employment and Expenses, Where Applicable), appeal directly with the Board. If the Reemployment Rights Act of 1994 Consequential Damages, and Special Counsel does not agree to (USERRA), Public Law 103–353, as Compensatory Damages) of 5 CFR part represent the appellant, the appellant amended, or under the provisions of 5 1201 regarding awards of attorney fees may file a USERRA appeal directly with U.S.C. 3330a, as enacted by the Veterans to appeals governed by this part. the Board. Employment Opportunities Act of 1998 (VEOA), Public Law 105–339. With § 1208.4 Definitions. § 1208.12 Time of filing. respect to USERRA appeals, this part (a) Appeal. ‘‘Appeal’’ means a request Under chapter 43 of title 38, United applies to any appeal filed with the for review of an agency action (the same States Code, there is no time limit for Board on or after October 13, 1994, meaning as in 5 CFR § 1201.4(f)) and filing a USERRA appeal with the Board. without regard as to whether the alleged includes a ‘‘complaint’’ or ‘‘action’’ as However, the Board encourages violation occurred before, on, or after those terms are used in USERRA (38 appellants to file a USERRA appeal as October 13, 1994. With respect to VEOA U.S.C. 4324) and a ‘‘complaint’’ or soon as possible after the date of the appeals, this part applies to any appeal ‘‘appeal’’ as those terms are used in alleged violation or, if a complaint is filed with the Board which alleges that VEOA (5 U.S.C. 3330a). filed with the Secretary of Labor, as a violation occurred on or after October (b) Preference eligible. ‘‘Preference soon as possible after receiving notice 31, 1998. eligible’’ is defined in 5 U.S.C. 2108. from the Secretary in accordance with
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38 U.S.C. 4322(e) that the Secretary has written designation of representative has been unable to resolve the been unable to resolve the complaint, required by 5 CFR 1201.31(a). appellant’s VEOA complaint, a VEOA or, if the Secretary has referred the appeal may not be filed with the Board complaint to the Special Counsel and § 1208.15 Remedies. before the 61st day after the date on the Special Counsel does not agree to (a) Order for compliance. If the Board which the appellant filed the complaint represent the appellant, as soon as determines that a Federal agency under 5 U.S.C. 3330a(a) with the possible after receiving the Special employer or the Office of Personnel Secretary. Counsel’s notice. Management has not complied with a provision or provisions of chapter 43 of (b) If the Secretary of Labor notifies § 1208.13 Content of appeal; request for title 38, United States Code (other than the appellant that the Secretary has been hearing. a provision relating to benefits under unable to resolve the appellant’s VEOA (a) Content. A USERRA appeal may be the Thrift Savings Plan for Federal complaint and the appellant elects to in any format, including letter form, but employees), the decision of the Board appeal to the Board under 5 U.S.C. must contain the following: (either an initial decision of a judge 3330a(d), the appellant must file the (1) The nine (9) items or types of under 5 CFR 1201.111 or a final Board VEOA appeal with the Board within 15 information required in 5 CFR decision under 5 CFR 1201.117) will days after the date of receipt of the 1201.24(a)(1) through (a)(9); order the Federal agency employer or Secretary’s notice. A copy of the (2) Evidence or argument that the the Office of Personnel Management, as Secretary’s notice must be submitted appellant has performed service in a applicable, to comply with such with the appeal. uniformed service, including the dates provision(s) and to compensate the § 1208.23 Content of appeal; request for of such service (or, where applicable, appellant for any loss of wages or hearing. has applied for or has an obligation to benefits suffered by the appellant perform such service), and that the because of such lack of compliance. (a) Content. A VEOA appeal may be appellant otherwise satisfies the Under 38 U.S.C. 4324(c)(3), any in any format, including letter form, but requirements for coverage under chapter compensation received by the appellant must contain the following: 43 of title 38, United States Code; pursuant to the Board’s order shall be in (1) The nine (9) items or types of (3) A statement identifying the addition to any other right or benefit information required in 5 CFR provision of chapter 43 of title 38, provided for by chapter 43 of title 38, 1201.24(a)(1) through (a)(9); United States Code, that was allegedly United States Code, and shall not (2) Evidence or argument that the violated and an explanation of how the diminish any such right or benefit. appellant is a preference eligible; provision was violated; (b) Attorney fees and expenses. If the (3) A statement identifying the statute (4) If the appellant filed a complaint Board issues a decision ordering or regulation relating to veterans’ with the Secretary of Labor under 38 compliance under paragraph (a) of this preference that was allegedly violated, U.S.C. 4322(a), evidence of notice under section, the Board has discretion to an explanation of how the provision 38 U.S.C. 4322(e) that the Secretary has order payment of reasonable attorney was violated, and the date of the been unable to resolve the complaint (a fees, expert witness fees, and other violation; copy of the Secretary’s notice satisfies litigation expenses under 38 U.S.C. this requirement); and 4324(c)(4). The provisions of subpart H (4) Evidence that a complaint under 5 (5) If the appellant’s complaint was of part 1201 shall govern any U.S.C. 3330a(a) was filed with the referred to the Special Counsel and the proceeding for attorney fees and Secretary of Labor, including the date appellant has received notice that the expenses. the complaint was filed; and Special Counsel will not represent the § 1208.16 Appeals under another law, rule, (5)(i) Evidence that the Secretary has appellant before the Board, evidence of or regulation. notified the appellant in accordance the Special Counsel’s notice (a copy of Nothing in USERRA prevents an with 5 U.S.C. 3330a(c)(2) that the the Special Counsel’s notice satisfies appellant who may appeal an agency Secretary has been unable to resolve the this requirement). action to the Board under any other law, complaint (a copy of the Secretary’s (b) Request for hearing. An appellant rule, or regulation from raising a claim notice satisfies this requirement); or must submit any request for a hearing of a USERRA violation in that appeal. (ii) Evidence that the appellant has with the USERRA appeal, or within any The Board will treat such a claim as an provided written notice to the Secretary other time period the judge sets. A affirmative defense that the agency of the appellant’s intent to appeal to the hearing may be provided to the action was not in accordance with law Board, as required by 5 U.S.C. appellant once the Board’s jurisdiction (5 CFR 1201.56(b)(3)). 3330a(d)(2) (a copy of the appellant’s over the appeal is established. The judge written notice to the Secretary satisfies may also order a hearing if necessary to Subpart CÐVEOA Appeals this requirement). resolve issues of jurisdiction. The appellant has the burden of proof with § 1208.21 VEOA exhaustion requirement. (b) Request for hearing. An appellant respect to issues of jurisdiction (5 CFR Before an appellant may file a VEOA must submit any request for a hearing 1201.56(a)(2)(i)). appeal with the Board, the appellant with the VEOA appeal, or within any must first file a complaint under 5 other time period the judge sets. A § 1208.14 Representation by Special U.S.C. 3330a(a) with the Secretary of hearing may be provided to the Counsel. Labor within 60 days after the date of appellant once the Board’s jurisdiction The Special Counsel may represent an the alleged violation and allow the over the appeal is established and it has appellant in a USERRA appeal before Secretary at least 60 days from the date been determined that the appeal is the Board. A copy of any written request the complaint is filed to attempt to timely. The judge may also order a by the appellant to the Secretary of resolve the complaint. hearing if necessary to resolve issues of Labor that the appellant’s complaint jurisdiction or timeliness. The appellant under 38 U.S.C. 4322(a) be referred to § 1208.22 Time of filing. has the burden of proof with respect to the Special Counsel for litigation before (a) Unless the Secretary of Labor has issues of jurisdiction and timeliness (5 the Board will be accepted as the notified the appellant that the Secretary CFR 1201.56(a)(2)(i) and (ii)).
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§ 1208.24 Election to terminate MSPB that is appealable under any other law, pursuant to 5 U.S.C. 553, notice of proceeding. rule, or regulation, in lieu of proposed rulemaking and opportunity (a) Election to terminate. At any time administrative redress under VEOA (5 for comment are not required, and this beginning on the 121st day after an U.S.C. 3330a(e)(1)). An appellant may rule may be made effective less than 30 appellant files a VEOA appeal with the not pursue redress for an alleged days after publication in the Federal Board, if a judicially reviewable Board violation of veterans’ preference under Register. decision on the appeal has not been VEOA at the same time he pursues Further, since this rule relates to issued, the appellant may elect to redress for such violation under any internal agency management, it is terminate the Board proceeding as other law, rule, or regulation (5 U.S.C. exempt from the provisions of Executive provided under 5 U.S.C. 3330b and file 3330a(e)(2)). Orders 12866 and 12988. Finally, this a civil action with an appropriate (b) An appellant who elects to appeal action is not a rule as defined by Pub. United States district court. Such to the Board under another law, rule, or L. 96–354, the Regulatory Flexibility election must be in writing, filed with regulation must comply with the Act, and the Small Business Regulatory the Board office where the appeal is provisions of subparts B and C of 5 CFR Fairness Enforcement Act, 5 U.S.C. 801 being processed, and served on the part 1201, including the time of filing et seq., and, thus, is exempt from their parties. The election is effective requirement of 5 CFR 1201.22(b)(1). provisions. immediately on the date of receipt by Dated: January 24, 2000. List of Subjects in 7 CFR Part 2 the Board office where the appeal is Robert E. Taylor, being processed. Authority Delegations (Government (b) Termination order. Following Clerk of the Board. agencies). receipt by the Board of an appellant’s [FR Doc. 00–2339 Filed 2–3–00; 8:45 am] Accordingly, 7 CFR Part 2 is amended written election to terminate the Board BILLING CODE 7400±01±U as set forth below. proceeding, a termination order will be issued to document the termination of PART 2ÐDELEGATIONS OF the proceeding. The termination order DEPARTMENT OF AGRICULTURE AUTHORITY BY THE SECRETARY OF will state that the proceeding was AGRICULTURE AND GENERAL terminated as of the date of receipt of Office of the Secretary OFFICERS OF THE DEPARTMENT the appellant’s written election. Such an 7 CFR Part 2 1. The authority for Part 2 continues order is neither an initial decision under to read as follows: 5 CFR 1201.111 nor a final Board Revision of Delegations of Authority decision and is not subject to a petition Authority: Sec. 212(a), Pub. L. 103–354, for review in accordance with subpart C AGENCY: Office of the Secretary, USDA. 108 Stat. 3210, 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953; 3 of part 1201, a petition for enforcement ACTION: Final rule. CFR 1949–1953 Comp., p. 1024. in accordance with subpart F of part SUMMARY: 1201, or a petition for judicial review. This document revises the Subpart CÐDelegations of Authority to delegations of authority from the § 1208.25 Remedies. the Deputy Secretary, the Under Secretary of Agriculture and general Secretaries and Assistant Secretaries (a) Order for compliance. If the Board officers of the Department due to determines that a Federal agency has passage of the Agricultural Research, 2. Amend § 2.21 as follows: violated the appellant’s VEOA rights, Extension, and Education Reform Act of a. Redesignate paragraphs (a)(1)(cxl) the decision of the Board (either an 1998. through (a)(1)(cxlix) as paragraphs initial decision of a judge under 5 CFR EFFECTIVE DATE: Effective February 4, (a)(1)(cxli) through (a)(1)(cl); 1201.111 or a final Board decision 2000. b. Add new paragraphs (a)(1)(cxl), and under 5 CFR 1201.117) will order the FOR FURTHER INFORMATION CONTACT: (a)(1)(cli) through (a)(1)(clxxi); agency to comply with the statute or Philip Schwab, Science Advisor and c. Remove and reserve paragraphs regulation violated and to compensate Legislative Affairs, Cooperative State (a)(1)(lxxviii), (a)(1)(lxxxiii), the appellant for any loss of wages or Research, Education, and Extension (a)(1)(lxxxiv), (a)(1)(lxxxv), benefits suffered by the appellant Service, USDA, Room 305–A, Jamie L. (a)(1)(lxxxvi), and (a)(1)(xc); and because of the violation. If the Board Whitten Federal Bldg., Washington, DC d. Revise paragraphs (a)(1)(x), determines that the violation was 20250, telephone 202–720–4423. (a)(1)(xliv), (a)(1)(l), (a)(1)(liii), willful, it will order the agency to pay (a)(1)(lvii), (a)(1)(lix), (a)(1)(lxxix), and SUPPLEMENTARY INFORMATION: the appellant an amount equal to back On June (b)(1)(i) and to add paragraphs pay as liquidated damages. 23, 1998, the Agricultural Research, (a)(1)(1iv), (a)(1)(lxxx), (a)(1)(lxxxi), and (b) Attorney fees and expenses. If the Extension, and Education Reform Act of (a)(1)(lxxxvii) to read as follows: Board issues a decision ordering 1998, Pub. L. 105–185, was signed into compliance under paragraph (a) of this law. With the enactment of this new law § 2.21 Under Secretary for Research, section, the Board will order payment of many existing authorities were either Education, and Economics. reasonable attorney fees, expert witness modified or extended and some new (a) * * * fees, and other litigation expenses. The ones added. It is necessary for these (1) * * * provisions of subpart H of part 1201 authorities to be delegated to Agency (x) Evaluate, assess, and report to shall govern any proceeding for attorney Administrators. This document also congressional agriculture committees on fees and expenses. delegates authority for the Census of the merits of proposals for agricultural Agriculture as provided for in the research facilities in the States; establish § 1208.26 Appeals under another law, rule, Census of Agriculture Act of 1997, Pub. a task force on a 10-year strategic plan or regulation. L. 105–113 (7 U.S.C. 2204g). This for agricultural research facilities; (a) The VEOA provides that 5 U.S.C. document lays out these delegations of ensure that each research activity 3330a shall not be construed to prohibit authority as they have been modified conducted by an Agricultural Research a preference eligible from appealing and expanded. This rule relates to Service facility serves a national or directly to the Board from any action internal agency management. Therefore, multistate need; and review periodically
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Agricultural Research, Extension, § 2.66 Administrator, Cooperative State institutions or other colleges and Education, and Economics Advisory Research, Education, and Extension universities for the acquisition of goods Board regarding the relevance to Service. or services in support of research, priorities of the funding of all (a) * * * extension, or teaching activities in the agricultural research, extension, or (5) Administer an agricultural food and agricultural sciences, education activities conducted or research facilities proposal review including the furtherance of library and funded by the Department and the process for submission to Congress (7 related information programs (7 U.S.C. adequacy of funding when formulating U.S.C. 390, 390a(a)–(d)). 3319a). each request for proposals, and * * * * * * * * * * evaluating proposals, involving an (8) Administer a program of special (26) Administer an Aquaculture agricultural research, extension, or grants to carry out research, extension, Assistance Program, involving centers, education activity funded, on a or education activities to facilitate or by making grants to eligible institutions competitive basis, by the Department; expand promising breakthroughs in for research and extension to facilitate and solicit and consider input from areas of food and agricultural sciences or expand production and marketing of persons who conduct or use agricultural and to facilitate or expand ongoing aquacultural food species and products; research, extension, or education State-Federal food and agricultural making grants to States to formulate regarding the prior year’s request for research, extension, or education aquaculture development plans for the proposals for each activity funded on a programs; and administer a program of production and marketing of competitive basis (7 U.S.C. 7613(c)). facilities grants to renovate and aquacultural species and products; (102) Establish procedures that ensure refurbish research spaces (7 U.S.C. 450i conducting a program of research, scientific peer review of all research (c) and (d)). extension and demonstration at activities conducted by the Agricultural * * * * * aquacultural demonstration centers (7 Research Service (7 U.S.C. 7613(d)). (13) Formulate and administer U.S.C. 3321–3322). (103) Coordinate the resources of the programs to strengthen secondary (27) [Removed and reserved] education and two-year post secondary Department to develop, commercialize, * * * * * and promote the use of biobased teaching programs; promote linkages (38) [Removed and reserved] products, and enter into cooperative between secondary, two-year post- (39) Conduct a research initiative agreements with private entities to secondary, and higher education known as the Agricultural Genome operate pilot plants and other large- programs in the food and agricultural Initiative; and make grants or enter into scale preparation facilities under which sciences; administer grants to secondary cooperative agreements on a the facilities and technical expertise of education and two-year post secondary competitive basis with individuals and the Agricultural Research Service may teaching programs, and to colleges and organizations to carry out the Initiative be made available (7 U.S.C. 7624). universities; and maintain a national (7 U.S.C. 5924). (104) Administer a grant to a food and agricultural education * * * * * consortium of land-grant colleges and information system (7 U.S.C. 3152). (41) [Removed and reserved] universities to enhance the ability of the * * * * * (42) Administer a competitive high consortium to carry out a multi-State (18) Support continuing agricultural priority research and extension grants research project aimed at understanding and forestry extension and research, at program in specified subject areas (7 and combating diseases of wheat and 1890 land-grant colleges, including U.S.C. 5925). barley caused by Fusarium Tuskegee University, and administer a (43) Administer a program of graminearum and related fungi (7 U.S.C. grant program for five National Research competitive grants to support research 7628). and Training Centennial Centers (7 and extension activities in Nutrient (105) Administer a program of fees to U.S.C. 3221, 3222, 3222c, 3222d). Management Research and Extension (7 support the Patent Culture Collection * * * * * U.S.C. 5925a). maintained and operated by the (20) Provide policy direction and (44) Administer competitive grants to Agricultural Research Service (7 U.S.C. coordinate the Department’s work with support research and extension 7641). national and international institutions activities regarding organically grown (106) Update on a periodic basis, and other persons throughout the world and processed agricultural commodities nutrient composition data, and report to in the performance of agricultural (7 U.S.C. 5925b). Congress the method that will be used research, extension, and teaching, and * * * * * to update the data and the timing of the development activities; administer a (47) [Removed and reserved] update (7 U.S.C. 7651). program of competitive grants for (107) Ensure that each research collaborative projects involving Federal * * * * * activity conducted by an Agricultural scientists or scientists from colleges and (101) Make competitive grants to 1994 Research Service facility serves a universities working with scientists at Land-Grant Institutions to conduct national or multistate need (7 U.S.C. international agricultural research agricultural research that addresses high 390a(e)). centers in other nations focusing on new priority concerns of tribal, national, or * * * * * technologies and programs for multistate significance (Section 536 of 4. Amend § 2.66 to remove and increasing the production of food and the Equity in Educational Land-Grant reserve paragraphs (a)(27), (a)(38), fiber or training scientists and a program Status Act of 1994, 7 U.S.C. 301 note). (a)(41), (a)(47), and (a)(107), to revise of competitive grants to colleges and * * * * * paragraphs (a)(5), (a)(8), (a)(13), (a)(18), universities to strengthen United States (108) [Removed and reserved] (a)(20), (a)(24), (a)(26), (a)(39), (a)(42), economic competitiveness and to * * * * * (a)(43), to redesignate paragraphs promote international market (119) Ensure that agricultural (a)(101) through (a)(117) as (a)(102) development (7 U.S.C. 3291, 3292b). research, extension, or education through (a)(118), and to add new * * * * * activities administered, on a paragraphs (a)(44), (a)(101) and (a)(119) (24) Enter into cost-reimbursable competitive basis, by the Cooperative through (a)(130), to read as follows: agreements with State cooperative State Research, Education, and
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Extension Service address a concern (126) Administer a program of activities conducted by the Economic that is a priority and has national, competitive grants to eligible entities to Research Service (7 U.S.C. 7613(d)). multistate, or regional significance (7 conduct research, education, or * * * * * U.S.C. 7611). information dissemination projects for 6. Amend § 2.68 to add a new (120) Solicit and consider input and the development and advancement of paragraph (a)(9), to read as follows: recommendations from persons who precision agriculture (7 U.S.C. 7623). conduct or use agricultural research, (127) Administer the Thomas § 2.68 Administrator, National Agricultural extension, or education; ensure that Jefferson Initiative for Crop Statistics Service. Federally supported and conducted Diversification program of competitive (a) * * * agricultural research, extension, and grants and contracts for the purpose of (9) Take a census of agriculture in education activities are accomplished in conducting research and development, 1998 and every fifth year thereafter accord with identified management in cooperation with other public and pursuant to the Census of Agriculture principles; and promulgate regulations private entities, on the production and Act of 1997, Pub. L. 105–113 (7 U.S.C. concerning implementation of a process marketing of new and nontraditional 2204g). for obtaining stakeholder input at 1862, crops needed to strengthen and * * * * * 1890, and 1994 Institutions (7 U.S.C. diversify the agricultural production Done at Washington, DC. 7612 (b), (c)and (d)). base of the United States (7 U.S.C. (121) Establish procedures that 7625). For subpart C: Dated: January 20, 2000. provide for scientific peer review of (128) Administer competitive grants Dan Glickman, each agricultural research grant for integrated, multifunctional administered, on a competitive basis, agricultural research, education, and Secretary of Agriculture. and for merit review of each agricultural extension activities (7 U.S.C. 7626). For Subpart K: extension or education grant (129) Operate and administer the Dated: January 21, 2000. administered, on a competitive basis, by Food Animal Residue Avoidance Eileen Kennedy, the Cooperative State Research, Database through contracts, grants, or Acting Under Secretary for Research, Education, and Extension Service (7 cooperative agreements with Education, and Economics. U.S.C. 7613(a)). appropriate colleges or universities (7 [FR Doc. 00–2396 Filed 2–3–00; 8:45 am] (122) Consider the results of the U.S.C. 7642). BILLING CODE 3410±01±P annual review performed by the (130) Develop a national program of Agricultural Research, Extension, safe food handling education for adults Education, and Economics Advisory and young people to reduce the risk of FEDERAL HOUSING FINANCE BOARD Board regarding the relevance to food-borne illness (7 U.S.C. 7655). priorities of the funding of all 12 CFR Part 960 agricultural research, extension, or * * * * * education activities conducted or 5. Amend § 2.67 to add new [No. 2000±05] funded by the Department and the paragraphs (a)(15), (a)(16), and (a)(17), RIN 3069±AA93 adequacy of funding, when formulating to read as follows: each request for proposals, and § 2.67 Administrator, Economic Research Information Collection Approval; evaluating proposals, involving an Service. Technical Amendment to the agricultural research, extension, or Affordable Housing Program Rule education activity funded, on a (a) * * * competitive basis, by the Department; (15) Solicit and consider input and AGENCY: Federal Housing Finance and solicit and consider input from recommendations from persons who Board. persons who conduct or use agricultural conduct or use agricultural research, ACTION: Final Rule. research, extension, or education extension, or education (7 U.S.C. regarding the prior year’s request for 7612(b)). SUMMARY: Under the Paperwork proposals for each activity funded on a (16) Consider the results of the annual Reduction Act of 1995 (Act), the Office competitive basis (7 U.S.C. 7613(c)). review performed by the Agricultural of Management and Budget (OMB) has (123) Require a procedure to be Research, Extension, Education, and approved a three-year extension of the established by each 1862, 1890, and Economics Advisory Board regarding information collection contained in the 1994 Institution, for merit review of the relevance to priorities of the funding Federal Housing Finance Board each agricultural research and extension of all agricultural research, extension, or (Finance Board) rule governing the activity funded and review of the education activities conducted or Affordable Housing Program (AHP). The activity in accordance with the funded by the Department and the OMB control number approving the procedure (7 U.S.C. 7613(e)). adequacy of funding, when formulating information collection now expires on (124) Administer an Initiative for each request for proposals, and January 31, 2003. In accordance with Future Agriculture and Food Systems evaluating proposals, involving an the requirements of the Act, the Finance (except with respect to funds provided agricultural research, extension, or Board is amending the AHP rule to by the Secretary to the Alternative education activity funded, on a reflect this new expiration date. Agricultural Research and competitive basis, by the Department; EFFECTIVE DATE: The final rule will Commercialization Corporation) (7 and solicit and consider input from become effective on February 4, 2000. U.S.C. 7621). persons who conduct or use agricultural FOR FURTHER INFORMATION CONTACT: (125) Administer a program of research, extension, or education Janet M. Fronckowiak, Acting Deputy competitive grants to eligible regarding the prior year’s request for Director, Program Assistance Division, partnerships to coordinate and manage proposals for each activity funded on a Office of Policy, Research and Analysis, research and extension activities to competitive basis (7 U.S.C. 7613(c)). by telephone at 202/408–2575 or by enhance the quality of high-value (17) Establish procedures that ensure electronic mail at agricultural products (7 U.S.C. 7622). scientific peer review of all research [email protected], or Melissa L.
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Allen, Program Analyst, Program V. Paperwork Reduction Act Flight Manual (AFM) to include Assistance Division, Office of Policy, The rule does not contain any requirements for activating the airframe Research and Analysis, by telephone at collections of information pursuant to pneumatic deicing boots. This AD is the 202/408–2524 or by electronic mail at the Paperwork Reduction Act of 1995. result of reports of in-flight incidents [email protected], or by regular mail at See 44 U.S.C. 3501 et seq. Consequently, and an accident that occurred in icing the Federal Housing Finance Board, the Finance Board has not submitted conditions where the airframe pneumatic deicing boots were not 1777 F Street, N.W., Washington, D.C. any information to the Office of activated. The actions specified by this 20006. A telecommunications device for Management and Budget for review. deaf persons (TDD) is available at 202/ AD are intended to assure that 408–2579. List of Subjects in 12 CFR Part 960 flightcrews have the information SUPPLEMENTARY INFORMATION: Credit, Federal home loan banks, necessary to activate the pneumatic wing and tail deicing boots at the first I. Background Housing, Reporting and recordkeeping requirements. signs of ice accumulation. Without this In order to extend the expiration date information, flightcrews could of the OMB control number approving For the reasons stated in the experience reduced controllability of the information collection contained in preamble, the Finance Board hereby the aircraft due to adverse aerodynamic its AHP regulation, the Finance Board amends 12 CFR part 960 as follows: effects of ice adhering to the airplane published requests for public comments PART 960ÐAFFORDABLE HOUSING prior to the first deicing cycle. regarding the information collection in PROGRAM DATES: Effective March 27, 2000. the Federal Register on June 30 and ADDRESSES: You may examine related October 28, 1999. See 64 FR 35158 (June 1. The authority citation for part 960 information at the Federal Aviation 30, 1999) and 64 FR 58063 (Oct. 28, continues to read as follows: Administration (FAA), Central Region, 1999). The Finance Board also Authority: 12 U.S.C. 1430(j). Office of the Regional Counsel, submitted an analysis of the information Attention: Rules Docket No. 99–CE–41– collection, entitled ‘‘Affordable Housing §§ 960.1, 960.3, 960.4, 960.6Ð960.11, 960.13, AD, 901 Locust, Room 506, Kansas City, Program,’’ to the OMB for review and 960.15 [Amended] Missouri 64106. approval. The OMB has approved a 2. Add a parenthetical statement FOR FURTHER INFORMATION CONTACT: Mr. three-year extension of the information immediately after §§ 960.1, 960.3, 960.4, John P. Dow, Sr., Aerospace Engineer, collection under OMB control number 960.6 through 960.11, 960.13, and FAA, Small Airplane Directorate, 901 3069–0006. The OMB control number 960.15 to read as follows: Locust, Room 301, Kansas City, now expires on January 31, 2003. Missouri 64106; telephone: (816) 329– Under the Act and the OMB’s (The Office of Management and Budget has approved the information collection 4121; facsimile: (816) 329–4090. implementing regulation, 44 U.S.C. contained in this section and assigned SUPPLEMENTARY INFORMATION: 3507 and 5 CFR 1320.5, an agency may control number 3069–0006 with an not sponsor or conduct, and a person is expiration date of January 31, 2003.) Events Leading to the Issuance of This not required to respond to, an AD By the Board of Directors of the Federal information collection unless the Housing Finance Board. What Caused This AD? regulation collecting the information displays a currently valid OMB control Dated: January 27, 2000. This AD is the result of reports of in- number. Accordingly, the Finance Bruce A. Morrison, flight incidents and an accident that Board is amending the AHP rule to Chairman. occurred in icing conditions where the reflect the new expiration date of the [FR Doc. 00–2543 Filed 2–3–00; 8:45 am] airframe pneumatic deicing boots were OMB control number. BILLING CODE 6725±01±P not activated. II. Notice and Public Participation What Is the Potential Impact If the FAA Took No Action? Because the effectiveness of the DEPARTMENT OF TRANSPORTATION information collection contained in the The information necessary to activate AHP rule must be maintained, the Federal Aviation Administration the pneumatic wing and tail deicing Finance Board for good cause finds that boots at the first signs of ice the notice and public procedure 14 CFR Part 39 accumulation is critical for flight in requirements of the Administrative icing conditions. If we did not take Procedures Act are impracticable, [Docket No. 99±CE±41±AD; Amendment 39± action to include this information, flight unnecessary, or contrary to the public 11544; AD 2000±02±26] crews could experience reduced controllability of the aircraft due to interest. See 5 U.S.C. 553(b)(3)(B). RIN 2120±AA64 adverse aerodynamic effects of ice III. Effective Date Airworthiness Directives; Harbin adhering to the airplane prior to the first For the reasons stated in part II above, Aircraft Manufacturing Corporation deicing cycle. the Finance Board for good cause finds Model Y12 IV Airplanes Has the FAA Taken Any Action to This that the final rule should become Point? effective on February 4, 2000. See 5 AGENCY: Federal Aviation U.S.C. 553(d)(3). Administration, DOT. Yes. We issued a proposal to amend ACTION: Final rule. part 39 of the Federal Aviation IV. Regulatory Flexibility Act Regulations (14 CFR part 39) to include The provisions of the Regulatory SUMMARY: This document adopts a new an AD that would apply to all Harbin Flexibility Act do not apply since this airworthiness directive (AD) that Model Y12 IV airplanes. This proposal technical amendment to the AHP rule applies to all Harbin Aircraft was published in the Federal Register does not require publication of a notice Manufacturing Corporation (Harbin) as a notice of proposed rulemaking of proposed rulemaking. See 5 U.S.C. Model Y12 IV airplanes. This AD (NPRM) on October 8, 1999 (64 FR 601(2) and 603(a). requires you to revise the Airplane 54826). The NPRM proposed to require
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Administrator, the Federal Aviation pilot certificate, as authorized by section 43.7 DEPARTMENT OF TRANSPORTATION Administration amends part 39 of the of the Federal Aviation Regulations (14 CFR Federal Aviation Regulations (14 CFR 43.7), may incorporate the AFM revisions Federal Aviation Administration part 39) as follows: required by this AD. You must make an entry into the aircraft records that shows 14 CFR Part 39 PART 39ÐAIRWORTHINESS compliance with this AD, in accordance with DIRECTIVES section 43.9 of the Federal Aviation [Docket No. 99±CE±38±AD; Amendment 39± Regulations (14 CFR 43.9). 1. The authority citation for part 39 11543; AD 2000±02±25] (f) Can I comply with this AD in any other continues to read as follows: way? Yes. RIN 2120±AA64 Authority: 49 U.S.C. 106(g), 40113, 44701. (1) You may use an alternative method of compliance or adjust the compliance time if: § 39.13 [Amended] Airworthiness Directives; Mitsubishi (i) Your alternative method of compliance 2. Section 39.13 is amended by Heavy Industries, Ltd. Model MU±2B provides an equivalent level of safety; and Series Airplanes adding a new airworthiness directive (ii) The Manager, Small Airplane (AD) to read as follows: Directorate, approves your alternative. AGENCY: Federal Aviation 2000–02–28 Aerospace Technologies of Submit your request through an FAA Administration, DOT. Principal Maintenance Inspector, who may Australia PTY LTD.: Amendment 39– ACTION: Final rule. 11546; Docket No. 99–CE–47–AD. add comments and then send it to the (a) What airplanes are affected by this AD? Manager. SUMMARY: This document adopts a new Models N22B and N24A airplanes, all serial (2) This AD applies to each airplane airworthiness directive (AD) that numbers, that are: identified in the preceding applicability (1) Equipped with pneumatic deicing applies to all Mitsubishi Heavy provision, regardless of whether it has been boots; and Industries, Ltd. (Mitsubishi) Model MU– (2) Certificated in any category. modified, altered, or repaired in the area 2B series airplanes. This AD requires (b) Who must comply with this AD? subject to the requirements of this AD. For you to revise the Airplane Flight Anyone who wishes to operate any of the airplanes that have been modified, altered, or Manual (AFM) to include requirements above airplanes on the U.S. Register. The AD repaired so that the performance of the for activating the airframe pneumatic does not apply to your airplane if it is not requirements of this AD is affected, the deicing boots. This AD is the result of equipped with pneumatic deicing boots. owner/operator must request approval for an (c) What problem does this AD address? reports of in-flight incidents and an alternative method of compliance in accident that occurred in icing The information necessary to activate the accordance with paragraph (f)(1) of this AD. pneumatic wing and tail deicing boots at the conditions where the airframe The request should include an assessment of first signs of ice accumulation is critical for pneumatic deicing boots were not the effect of the modification, alteration, or flight in icing conditions. If we did not take activated. The actions specified by this repair on the unsafe condition addressed by action to include this information, flight AD are intended to assure that this AD; and, if you have not eliminated the crews could experience reduced flightcrews have the information controllability of the aircraft due to adverse unsafe condition, specific actions you aerodynamic effects of ice adhering to the propose to address it. necessary to activate the pneumatic airplane prior to the first deicing cycle. (g) Where can I get information about any wing and tail deicing boots at the first (d) What must I do to address this already-approved alternative methods of signs of ice accumulation. Without this problem? To address this problem, you must compliance? Contact the Small Airplane information, flightcrews could revise the Limitations Section of the FAA- Directorate, 901 Locust, Room 301, Kansas experience reduced controllability of approved Airplane Flight Manual (AFM) to City, Missouri 64106; telephone: (816) 329– the aircraft due to adverse aerodynamic include the following requirements for effects of ice adhering to the airplane activation of the ice protection systems. You 4121; facsimile: (816) 329–4091. must accomplish this action within the next (h) What if I need to fly the airplane to prior to the first deicing cycle. 10 calendar days after the effective date of another location to comply with this AD? The DATE: Effective March 24, 2000. this AD, unless already accomplished. You FAA can issue a special flight permit under ADDRESSES: You may examine related may insert a copy of this AD in the AFM to sections 21.197 and 21.199 of the Federal accomplish this action: information at the Federal Aviation • Aviation Regulations (14 CFR 21.197 and Administration (FAA), Central Region, Except for certain phases of flight where 21.199) to operate your airplane to a location the AFM specifies that deicing boots should Office of the Regional Counsel, not be used (e.g., take-off, final approach, and where you can accomplish the requirements Attention: Rules Docket No. 99–CE–38– landing), compliance with the following is of this AD. AD, 901 Locust, Room 506, Kansas City, required. (i) When does this amendment become Missouri 64106. • Wing and Tail Leading Edge Pneumatic effective? This amendment becomes effective Deicing Boot System, if installed, must be on March 27, 2000. FOR FURTHER INFORMATION CONTACT: Mr. activated: John P. Dow, Sr., Aerospace Engineer, Issued in Kansas City, Missouri, on January —At the first sign of ice formation anywhere FAA, Small Airplane Directorate, 901 27, 2000. on the aircraft, or upon annunciation from Locust, Room 506, Kansas City, an ice detector system, whichever occurs Terry L. Chasteen, Missouri 64106; telephone: (816) 329– first; and Acting Manager, Small Airplane Directorate, 4121; facsimile: (816) 329–4090. —The system must either be continued to be Aircraft Certification Service. SUPPLEMENTARY INFORMATION: operated in the automatic cycling mode, if [FR Doc. 00–2390 Filed 2–3–00; 8:45 am] available; or the system must be manually Events Leading to the Issuance of This cycled as needed to minimize the ice BILLING CODE 4910±13±P AD accretions on the airframe. ∑ The wing and tail leading edge What Caused This AD? pneumatic deicing boot system may be This AD is the result of reports of in- deactivated only after leaving icing conditions and after the airplane is flight incidents and an accident that determined to be clear of ice.’’ occurred in icing conditions where the (e) Can the pilot accomplish the action? airframe pneumatic deicing boots were Yes. Anyone who holds at least a private not activated.
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What Is the Potential Impact If the FAA action if you hold at least a private pilot (1) Equipped with pneumatic deicing Took No Action? certificate as authorized by section 43.7 boots; and (2) Certificated in any category. The information necessary to activate of the Federal Aviation Regulations (14 the pneumatic wing and tail deicing CFR 43.7). You must make an entry into Models boots at the first signs of ice the aircraft records that shows MU–2B–10, MU–2B–15, MU–2B–20, MU– accumulation is critical for flight in compliance with this AD, in accordance 2B–25, MU–2B–26, MU–2B–30, MU–2B– icing conditions. If we did not take with section 43.9 of the Federal 35, MU–2B–36, MU–2B–26A, MU–2B– action to include this information, Aviation Regulations (14 CFR 43.9). The 36A, MU–2B–40, MU–2B–60 flightcrews could experience reduced only cost impact of this AD is the time (b) Who must comply with this AD? controllability of the aircraft due to it will take you to insert the information Anyone who wishes to operate any of the into the AFM. above airplanes on the U.S. Register. The AD adverse aerodynamic effects of ice does not apply to your airplane if it is not adhering to the airplane prior to the first Regulatory Impact equipped with pneumatic deicing boots. deicing cycle. The regulations adopted herein will (c) What problem does this AD address? The information necessary to activate the Has the FAA Taken Any Action to This not have a substantial direct effect on pneumatic wing and tail deicing boots at the Point? the States, on the relationship between first signs of ice accumulation is critical for Yes. We issued a proposal to amend the national government and the States, flight in icing conditions. If we did not take part 39 of the Federal Aviation or on the distribution of power and action to include this information, flight Regulations (14 CFR part 39) to include responsibilities among the various crews could experience reduced controllability of the aircraft due to adverse an AD that would apply to all levels of government. Therefore, it is determined that this final rule does not aerodynamic effects of ice adhering to the Mitsubishi Model MU–2B series airplane prior to the first deicing cycle. airplanes. This proposal was published have federalism implications under Executive Order 13132. (d) What must I do to address this in the Federal Register as a notice of problem? To address this problem, you must For the reasons discussed above, I proposed rulemaking (NPRM) on revise the Limitations Section of the FAA- October 8, 1999 (64 FR 54822). The certify that this action (1) is not a approved Airplane Flight Manual (AFM) to NPRM proposed to require revising the ‘‘significant regulatory action’’ under include the following requirements for Limitations Section of the AFM to Executive Order 12866; (2) is not a activation of the ice protection systems. You must accomplish this action within the next include requirements for activating the ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 10 calendar days after the effective date of pneumatic deicing boots at the first this AD, unless already accomplished. You indication of ice accumulation on the FR 11034, February 26, 1979); and (3) will not have a significant economic may insert a copy of this AD in the AFM to airplane. accomplish this action: impact, positive or negative, on a ‘‘• Except for certain phases of flight Was the Public Invited to Comment? substantial number of small entities where the AFM specifies that deicing boots Yes. Interested persons were afforded under the criteria of the Regulatory should not be used (e.g., takeoff, final an opportunity to participate in the Flexibility Act. The FAA has prepared approach, and landing), compliance with the a final evaluation and placed it in the following is required. making of this amendment. No • comments were received on the Rules Docket. You can get a copy of this Wing and Tail Leading Edge Pneumatic evaluation at the location listed under Deicing Boot System, if installed, must be proposed rule or the FAA’s activated: determination of the cost to the public. the caption ADDRESSES. —At the first sign of ice formation anywhere What Is the FAA’s Final Determination List of Subjects in 14 CFR Part 39 on the aircraft, or upon annunciation from on This Issue? Air transportation, Aircraft, Aviation an ice detector system, whichever occurs safety, Safety. first; and We carefully reviewed all available —The system must either be continued to be information related to the subject Adoption of the Amendment operated in the automatic cycling mode, if presented above and determined that air available; or the system must be manually safety and the public interest require the Accordingly, pursuant to the cycled as needed to minimize the ice adoption of the rule as proposed except authority delegated to me by the accretions on the airframe. for minor editorial corrections. We Administrator, the Federal Aviation • The wing and tail leading edge determined that these minor Administration amends part 39 of the pneumatic deicing boot system may be corrections: Federal Aviation Regulations (14 CFR deactivated only after leaving icing part 39) as follows: conditions and after the airplane is —Will not change the meaning of the determined to be clear of ice.’’ AD; and PART 39ÐAIRWORTHINESS (e) Can the pilot accomplish the action? —Will not add any additional burden DIRECTIVES Yes. Anyone who holds at least a private upon the public than was already pilot certificate, as authorized by section 43.7 proposed. 1. The authority citation for part 39 of the Federal Aviation Regulations (14 CFR continues to read as follows: 43.7), may incorporate the AFM revisions Cost Impact required by this AD. You must make an entry Authority: 49 U.S.C. 106(g), 40113, 44701. into the aircraft records that shows How Many Airplanes Does This AD compliance with this AD, in accordance with § 39.13 [Amended] Impact? section 43.9 of the Federal Aviation We estimate that 415 airplanes in the 2. Section 39.13 is amended by Regulations (14 CFR 43.9). U.S. registry will be affected. adding a new airworthiness directive (f) Can I comply with this AD in any other (AD) to read as follows: way? Yes. What Is the Cost Impact of the Affected (1) You may use an alternative method of Airplanes on the U.S. Register? 2000–02–25 Mitsubishi Heavy Industries, compliance or adjust the compliance time if: LTD.: Amendment 39–11543; Docket No. (i) Your alternative method of compliance There is no dollar cost impact. We 99–CE–38–AD. provides an equivalent level of safety; and estimate that to accomplish the AFM (a) What airplanes are affected by this AD? (ii) The Manager, Small Airplane revision it will take you less than 1 The following Model MU–2B series Directorate, approves your alternative. workhour. You can accomplish this airplanes, all serial numbers, that are: Submit your request through an FAA
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Principal Maintenance Inspector, who may reports of in-flight incidents and an at the first indication of ice add comments and then send it to the accident that occurred in icing accumulation on the airplane. Manager. conditions where the airframe Was the Public Invited To Comment? (2) This AD applies to each airplane pneumatic deicing boots were not identified in the preceding applicability Yes. Interested persons were afforded provision, regardless of whether it has been activated. The actions specified by this modified, altered, or repaired in the area AD are intended to assure that an opportunity to participate in the subject to the requirements of this AD. For flightcrews have the information making of this amendment. No airplanes that have been modified, altered, or necessary to activate the pneumatic comments were received on the repaired so that the performance of the wing and tail deicing boots at the first proposed rule or the FAA’s requirements of this AD is affected, the signs of ice accumulation. Without this determination of the cost to the public. owner/operator must request approval for an information, flightcrews could What Is the FAA’s Final Determination alternative method of compliance in experience reduced controllability of on This Issue? accordance with paragraph (f)(1) of this AD. the aircraft due to adverse aerodynamic The request should include an assessment of effects of ice adhering to the airplane We carefully reviewed all available the effect of the modification, alteration, or repair on the unsafe condition addressed by prior to the first deicing cycle. information related to the subject this AD; and, if you have not eliminated the DATES: Effective March 24, 2000. presented above and determined that air unsafe condition, specific actions you ADDRESSES: You may examine related safety and the public interest require the propose to address it. information at the Federal Aviation adoption of the rule as proposed except (g) Where can I get information about any Administration (FAA), Central Region, for minor editorial corrections. We already-approved alternative methods of Office of the Regional Counsel, determined that these minor compliance? Contact the Small Airplane corrections: Directorate, 901 Locust, Room 301, Kansas Attention: Rules Docket No. 99–CE–51– City, Missouri 64106; telephone: (816) 329– AD, 901 Locust, Room 506, Kansas City, —Will not change the meaning of the 4121; facsimile: (816) 329–4091. Missouri 64106. AD; and (h) What if I need to fly the airplane to FOR FURTHER INFORMATION CONTACT: Mr. —Will not add any additional burden another location to comply with this AD? The John P. Dow, Sr., Aerospace Engineer, upon the public than was already FAA can issue a special flight permit under FAA, Small Airplane Directorate, 901 proposed. sections 21.197 and 21.199 of the Federal Locust, Room 506, Kansas City, Cost Impact Aviation Regulations (14 CFR 21.197 and Missouri 64106; telephone: (816) 329– 21.199) to operate your airplane to a location 4121; facsimile: (816) 329–4090. How Many Airplanes Does This AD where you can accomplish the requirements Impact? of this AD. SUPPLEMENTARY INFORMATION: (i) When does this amendment become Events Leading to the Issuance of This We estimate that 988 airplanes in the effective? This amendment becomes effective U.S. registry will be affected. on March 24, 2000. AD What Caused This AD? What Is the Cost Impact of the Affected Issued in Kansas City, Missouri, on January Airplanes on the U.S. Register? 25, 2000. This AD is the result of reports of in- Michael Gallagher, flight incidents and an accident that There is no dollar cost impact. We Manager, Small Airplane Directorate, Aircraft occurred in icing conditions where the estimate that to accomplish the AFM Certification Service. airframe pneumatic deicing boots were revision it will take you less than 1 [FR Doc. 00–2392 Filed 2–3–00; 8:45 am] not activated. workhour. You can accomplish this BILLING CODE 4910±13±P action if you hold at least a private pilot What is the Potential Impact if the FAA certificate as authorized by section 43.7 Took No Action? of the Federal Aviation Regulations (14 DEPARTMENT OF TRANSPORTATION The information necessary to activate CFR 43.7). You must make an entry into the pneumatic wing and tail deicing the aircraft records that shows Federal Aviation Administration boots at the first signs of ice compliance with this AD, in accordance accumulation is critical for flight in with section 43.9 of the Federal 14 CFR Part 39 icing conditions. If we did not take Aviation Regulations (14 CFR 43.9). The only cost impact of this AD is the time [Docket No. 99±CE±51±AD; Amendment 39± action to include this information, flight 11548; AD 2000±0230] crews could experience reduced it will take you to insert the information controllability of the aircraft due to into the AFM. RIN 2120±AA64 adverse aerodynamic effects of ice Regulatory Impact adhering to the airplane prior to the first Airworthiness Directives; Twin deicing cycle. The regulations adopted herein will Commander Aircraft Corporation 600 not have a substantial direct effect on Series Airplanes Has the FAA Taken Any Action to This the States, on the relationship between Point? AGENCY: Federal Aviation the national government and the States, Administration, DOT. Yes. We issued a proposal to amend or on the distribution of power and ACTION: Final rule. part 39 of the Federal Aviation responsibilities among the various Regulations (14 CFR part 39) to include levels of government. Therefore, it is SUMMARY: This document adopts a new an AD that would apply to all Twin determined that this final rule does not airworthiness directive (AD) that Commander 600 series airplanes. This have federalism implications under applies to all Twin Commander Aircraft proposal was published in the Federal Executive Order 13132. Corporation (Twin Commander) 600 Register as a notice of proposed For the reasons discussed above, I series airplanes. This AD requires you to rulemaking (NPRM) on October 8, 1999 certify that this action (1) is not a revise the Airplane Flight Manual (64 FR 55191). The NPRM proposed to ‘‘significant regulatory action’’ under (AFM) to include requirements for require revising the Limitations Section Executive Order 12866; (2) is not a activating the airframe pneumatic of the AFM to include requirements for ‘‘significant rule’’ under DOT deicing boots. This AD is the result of activating the pneumatic deicing boots Regulatory Policies and Procedures (44
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FR 11034, February 26, 1979); and (3) may insert a copy of this AD in the AFM to (i) When does this amendment become will not have a significant economic accomplish this action: effective? This amendment becomes effective • impact, positive or negative, on a ’’ Except for certain phases of flight on March 24, 2000. where the AFM specifies that deicing boots Issued in Kansas City, Missouri, on January substantial number of small entities should not be used (e.g., take-off, final under the criteria of the Regulatory approach, and landing), compliance with the 25, 2000. Flexibility Act. The FAA has prepared following is required. Michael Gallagher, a final evaluation and placed it in the • Wing and Tail Leading Edge Pneumatic Manager, Small Airplane Directorate, Aircraft Rules Docket. You can get a copy of this Deicing Boot System, if installed, must be Certification Service. evaluation at the location listed under activated: [FR Doc. 00–2393 Filed 2–3–00; 8:45 am] the caption ADDRESSES. —At the first sign of ice formation anywhere BILLING CODE 4910±13±P on the aircraft, or upon annunciation from List of Subjects in 14 CFR Part 39 an ice detector system, whichever occurs Air transportation, Aircraft, Aviation first; and DEPARTMENT OF TRANSPORTATION safety, Safety. —The system must either be continued to be operated in the automatic cycling mode, if Federal Aviation Administration Adoption of the Amendment available; or the system must be manually cycled as needed to minimize the ice Accordingly, pursuant to the accretions on the airframe. 14 CFR Part 39 • authority delegated to me by the The wing and tail leading edge [Docket No. 99±CE±42±AD; Amendment 39± Administrator, the Federal Aviation pneumatic deicing boot system may be 11545; 2000±02±27] Administration amends part 39 of the deactivated only after leaving icing Federal Aviation Regulations (14 CFR conditions and after the airplane is RIN 2120±AA64 part 39) as follows: determined to be clear of ice.’’ (e) Can the pilot accomplish the action? Airworthiness Directives; Empresa PART 39ÐAIRWORTHINESS Yes. Anyone who holds at least a private Brasileira de Aeronautica S.A. Models DIRECTIVES pilot certificate, as authorized by section 43.7 EMB±110P1 and EMB±110P2 Airplanes of the Federal Aviation Regulations (14 CFR 1. The authority citation for part 39 43.7), may incorporate the AFM revisions AGENCY: Federal Aviation continues to read as follows: required by this AD. You must make an entry Administration, DOT. into the aircraft records that shows ACTION: Final rule. Authority: 49 U.S.C. 106(g), 40113, 44701. compliance with this AD, in accordance with section 43.9 of the Federal Aviation § 39.13 [Amended] SUMMARY: This document adopts a new Regulations (14 CFR 43.9). airworthiness directive (AD) that 2. Section 39.13 is amended by (f) Can I comply with this AD in any other way? Yes. applies to all Empresa Brasileira de adding a new airworthiness directive Aeronautica S.A. (Embraer) Models (AD) to read as follows: (1) You may use an alternative method of compliance or adjust the compliance time if: EMB–110P1 and EMB–110P2 airplanes. 2000–02–30 Twin Commander Aircraft (i) Your alternative method of compliance This AD requires you to revise the Corporation: Amendment 39–11548; provides an equivalent level of safety; and Airplane Flight Manual (AFM) to Docket No. 99–CE–51–AD. (ii) The Manager, Small Airplane include requirements for activating the (a) What airplanes are affected by this AD? Directorate, approves your alternative. airframe pneumatic deicing boots. This The following Model 600 series airplanes, all Submit your request through an FAA AD is the result of reports of in-flight Principal Maintenance Inspector, who may serial numbers, that are: incidents and an accident that occurred (1) Equipped with pneumatic deicing add comments and then send it to the boots; and Manager. in icing conditions where the airframe (2) Certificated in any category. (2) This AD applies to each airplane pneumatic deicing boots were not identified in the preceding applicability activated. The actions specified by this Models provision, regardless of whether it has been AD are intended to assure that 680, 680E, 680F, 680FL, 680FL(P), 680T, modified, altered, or repaired in the area flightcrews have the information 680V, 680W, 681, 690, 685, 690A, 690B, subject to the requirements of this AD. For necessary to activate the pneumatic 690C, 690D, 695, 695A, and 695B airplanes that have been modified, altered, or repaired so that the performance of the wing and tail deicing boots at the first (b) Who must comply with this AD? requirements of this AD is affected, the signs of ice accumulation. Without this Anyone who wishes to operate any of the owner/operator must request approval for an information, flightcrews could above airplanes on the U.S. Register. The AD alternative method of compliance in experience reduced controllability of does not apply to your airplane if it is not accordance with paragraph (f)(1) of this AD. the aircraft due to adverse aerodynamic equipped with pneumatic deicing boots. The request should include an assessment of (c) What problem does this AD address? effects of ice adhering to the airplane the effect of the modification, alteration, or prior to the first deicing cycle. The information necessary to activate the repair on the unsafe condition addressed by pneumatic wing and tail deicing boots at the this AD; and, if you have not eliminated the DATES: Effective March 24, 2000. first signs of ice accumulation is critical for unsafe condition, specific actions you ADDRESSES: You may examine related flight in icing conditions. If we did not take propose to address it. information at the Federal Aviation action to include this information, flight (g) Where can I get information about any Administration (FAA), Central Region, crews could experience reduced already approved alternative methods of controllability of the aircraft due to adverse Office of the Regional Counsel, compliance? Contact the Small Airplane Attention: Rules Docket No. 99–CE–42– aerodynamic effects of ice adhering to the Directorate, 901 Locust, Room 301, Kansas airplane prior to the first deicing cycle. City, Missouri 64106; telephone: (816) 329– AD, 901 Locust, Room 506, Kansas City, (d) What must I do to address this 4121; facsimile: (816) 329–4091. Missouri 64106. problem? To address this problem, you must (h) What if I need to fly the airplane to FOR FURTHER INFORMATION CONTACT: Mr. revise the Limitations Section of the FAA- another location to comply with this AD? The John P. Dow, Sr., Aerospace Engineer, approved Airplane Flight Manual (AFM) to FAA can issue a special flight permit under FAA, Small Airplane Directorate, 901 include the following requirements for sections 21.197 and 21.199 of the Federal Locust, Room 506, Kansas City, activation of the ice protection systems. You Aviation Regulations (14 CFR 21.197 and must accomplish this action within the next 21.199) to operate your airplane to a location Missouri 64106; telephone: (816) 329– 10 calendar days after the effective date of where you can accomplish the requirements 4121; facsimile: (816) 329–4090. this AD, unless already accomplished. You of this AD. SUPPLEMENTARY INFORMATION:
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Events Leading to the Issuance of This Cost Impact Authority: 49 U.S.C. 106(g), 40113, 44701. AD How Many Airplanes Does This AD § 39.13 [Amended] What Caused This AD? Impact? 2. Section 39.13 is amended by We estimate that 42 airplanes in the adding a new airworthiness directive This AD is the result of reports of in- U.S. registry will be affected. (AD) to read as follows: flight incidents and an accident that occurred in icing conditions where the What Is the Cost Impact of the Affected 2000–02–27 Empresa Brasileira de Airplanes on the U.S. Register? Aeronautica S.A.: Amendment 39– airframe pneumatic deicing boots were 11545; Docket No. 99–CE–42–AD. not activated. There is no dollar cost impact. We (a) What airplanes are affected by this AD? What Is the Potential Impact if the FAA estimate that to accomplish the AFM Models EMB–110P1 and EMB–110P2 revision it will take you less than 1 airplanes, all serial numbers, that are: Took No Action? workhour. You can accomplish this (1) Equipped with pneumatic deicing The information necessary to activate action if you hold at least a private pilot boots; and (2) Certificated in any category. the pneumatic wing and tail deicing certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 (b) Who must comply with this AD? boots at the first signs of ice Anyone who wishes to operate any of the accumulation is critical for flight in CFR 43.7). You must make an entry into above airplanes on the U.S. Register. The AD icing conditions. If we did not take the aircraft records that shows does not apply to your airplane if it is not action to include this information, flight compliance with this AD, in accordance equipped with pneumatic deicing boots. crews could experience reduced with section 43.9 of the Federal (c) What problem does this AD address? controllability of the aircraft due to Aviation Regulations (14 CFR 43.9). The The information necessary to activate the pneumatic wing and tail deicing boots at the adverse aerodynamic effects of ice only cost impact of this AD is the time it will take you to insert the information first signs of ice accumulation is critical for adhering to the airplane prior to the first into the AFM. flight in icing conditions. If we did not take deicing cycle. action to include this information, flight Regulatory Impact crews could experience reduced Has the FAA Taken Any Action to This The regulations adopted herein will controllability of the aircraft due to adverse Point? aerodynamic effects of ice adhering to the not have a substantial direct effect on airplane prior to the first deicing cycle. Yes. We issued a proposal to amend the States, on the relationship between (d) What must I do to address this part 39 of the Federal Aviation the national government and the States, problem? To address this problem, you must Regulations (14 CFR part 39) to include or on the distribution of power and revise the Limitations Section of the FAA- an AD that would apply to all Embraer responsibilities among the various approved Airplane Flight Manual (AFM) to Models EMB–110P1 and EMB–110P2 levels of government. Therefore, it is include the following requirements for airplanes. This proposal was published determined that this final rule does not activation of the ice protection systems. You have federalism implications under must accomplish this action within the next in the Federal Register as a notice of 10 calendar days after the effective date of proposed rulemaking (NPRM) on Executive Order 13132. this AD, unless already accomplished. You October 8, 1999 (64 FR 54804). The For the reasons discussed above, I may insert a copy of this AD in the AFM to NPRM proposed to require revising the certify that this action (1) is not a accomplish this action: Limitations Section of the AFM to ‘‘significant regulatory action’’ under • ‘‘Except for certain phases of flight include requirements for activating the Executive Order 12866; (2) is not a where the AFM specifies that deicing boots pneumatic deicing boots at the first ‘‘significant rule’’ under DOT should not be used (e.g., take-off, final Regulatory Policies and Procedures (44 approach, and landing), compliance with the indication of ice accumulation on the following is required. airplane. FR 11034, February 26, 1979); and (3) • will not have a significant economic Wing and Tail Leading Edge Pneumatic Deicing Boot System, if installed, must be Was the Public Invited To Comment? impact, positive or negative, on a activated: substantial number of small entities —At the first sign of ice formation Yes. Interested persons were afforded under the criteria of the Regulatory an opportunity to participate in the anywhere on the aircraft, or upon Flexibility Act. The FAA has prepared annunciation from an ice detector system, making of this amendment. No a final evaluation and placed it in the whichever occurs first; and comments were received on the Rules Docket. You can get a copy of this —The system must either be continued to proposed rule or the FAA’s evaluation at the location listed under be operated in the automatic cycling mode, determination of the cost to the public. the caption ADDRESSES. if available; or the system must be manually cycled as needed to minimize the What Is the FAA’s Final Determination List of Subjects in 14 CFR Part 39 ice accretions on the airframe. on This Issue? Air transportation, Aircraft, Aviation • The wing and tail leading edge safety, Safety. pneumatic deicing boot system may be We carefully reviewed all available deactivated only after leaving icing information related to the subject Adoption of the Amendment conditions and after the airplane is presented above and determined that air determined to be clear of ice.’’ safety and the public interest require the Accordingly, pursuant to the (e) Can the pilot accomplish the action? adoption of the rule as proposed except authority delegated to me by the Yes. Anyone who holds at least a private for minor editorial corrections. We Administrator, the Federal Aviation pilot certificate, as authorized by section 43.7 determined that these minor Administration amends part 39 of the of the Federal Aviation Regulations (14 CFR corrections: Federal Aviation Regulations (14 CFR 43.7), may incorporate the AFM revisions part 39) as follows: required by this AD. You must make an entry —Will not change the meaning of the into the aircraft records that shows AD; and PART 39ÐAIRWORTHINESS compliance with this AD, in accordance with DIRECTIVES section 43.9 of the Federal Aviation —Will not add any additional burden Regulations (14 CFR 43.9). upon the public than was already 1. The authority citation for part 39 (f) Can I comply with this AD in any other proposed. continues to read as follows: way? Yes.
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(1) You may use an alternative method of AEROSPATIALE (SOCATA) Model Register as a notice of proposed compliance or adjust the compliance time if: TBM 700 airplanes. This AD requires rulemaking (NPRM) on October 12, 1999 (i) Your alternative method of compliance you to revise the Airplane Flight (64 FR 55211). The NPRM proposed to provides an equivalent level of safety; and Manual (AFM) to include requirements require revising the Limitations Section (ii) The Manager, Small Airplane Directorate, approves your alternative. for activating the airframe pneumatic of the AFM to include requirements for Submit your request through an FAA deicing boots. This AD is the result of activating the pneumatic deicing boots Principal Maintenance Inspector, who may reports of in-flight incidents and an at the first indication of ice add comments and then send it to the accident that occurred in icing accumulation on the airplane. Manager. conditions where the airframe (2) This AD applies to each airplane pneumatic deicing boots were not Was the Public Invited To Comment? identified in the preceding applicability activated. The actions specified by this Yes. Interested persons were afforded provision, regardless of whether it has been AD are intended to assure that an opportunity to participate in the modified, altered, or repaired in the area flightcrews have the information making of this amendment. No subject to the requirements of this AD. For airplanes that have been modified, altered, or necessary to activate the pneumatic comments were received on the repaired so that the performance of the wing and tail deicing boots at the first proposed rule or the FAA’s requirements of this AD is affected, the signs of ice accumulation. Without this determination of the cost to the public. owner/operator must request approval for an information, flightcrews could What Is the FAA’s Final Determination alternative method of compliance in experience reduced controllability of accordance with paragraph (f)(1) of this AD. the aircraft due to adverse aerodynamic on This Issue? The request should include an assessment of effects of ice adhering to the airplane We carefully reviewed all available the effect of the modification, alteration, or prior to the first deicing cycle. information related to the subject repair on the unsafe condition addressed by presented above and determined that air this AD; and, if you have not eliminated the DATES: Effective March 27, 2000. unsafe condition, specific actions you ADDRESSES: You may examine related safety and the public interest require the propose to address it. information at the Federal Aviation adoption of the rule as proposed except (g) Where can I get information about any Administration (FAA), Central Region, for minor editorial corrections. We already-approved alternative methods of Office of the Regional Counsel, determined that these minor compliance? Contact the Small Airplane Attention: Rules Docket No. 99–CE–50– corrections: Directorate, 901 Locust, Room 301, Kansas —Will not change the meaning of the City, Missouri 64106; telephone: (816) 329– AD, 901 Locust, Room 506, Kansas City, 4121; facsimile: (816) 329–4091. Missouri 64106. AD; and (h) What if I need to fly the airplane to FOR FURTHER INFORMATION CONTACT: Mr. —Will not add any additional burden another location to comply with this AD? The John P. Dow, Sr., Aerospace Engineer, upon the public than was already FAA can issue a special flight permit under FAA, Small Airplane Directorate, 901 proposed. sections 21.197 and 21.199 of the Federal Locust, Room 301, Kansas City, Cost Impact Aviation Regulations (14 CFR 21.197 and Missouri 64106; telephone: (816) 329– 21.199) to operate your airplane to a location 4121; facsimile: (816) 329–4090. How Many Airplanes Does This AD where you can accomplish the requirements Impact? of this AD. SUPPLEMENTARY INFORMATION: (i) When does this amendment become Events Leading to the Issuance of This We estimate that 72 airplanes in the effective? This amendment becomes effective U.S. registry will be affected. on March 24, 2000. AD What Caused This AD? What Is the Cost Impact of the Affected Issued in Kansas City, Missouri, on January Airplanes on the U.S. Register? 25, 2000. This AD is the result of reports of in- Michael Gallagher, flight incidents and an accident that There is no dollar cost impact. We Manager, Small Airplane Directorate, Aircraft occurred in icing conditions where the estimate that to accomplish the AFM Certification Service. airframe pneumatic deicing boots were revision it will take you less than 1 [FR Doc. 00–2394 Filed 2–3–00; 8:45 am] not activated. workhour. You can accomplish this BILLING CODE 4910±13±P action if you hold at least a private pilot What Is the Potential Impact if the FAA certificate as authorized by section 43.7 Took No Action? of the Federal Aviation Regulations (14 DEPARTMENT OF TRANSPORTATION The information necessary to activate CFR 43.7). You must make an entry into the pneumatic wing and tail deicing the aircraft records that shows Federal Aviation Administration boots at the first signs of ice compliance with this AD, in accordance accumulation is critical for flight in with section 43.9 of the Federal 14 CFR Part 39 icing conditions. If we did not take Aviation Regulations (14 CFR 43.9). The only cost impact of this AD is the time [Docket No. 99±CE±50±AD; Amendment 39± action to include this information, flight 11547; AD 2000±02±29] crews could experience reduced it will take you to insert the information controllability of the aircraft due to into the AFM. RIN 2120±AA64 adverse aerodynamic effects of ice Regulatory Impact adhering to the airplane prior to the first Airworthiness Directives; SOCATAÐ deicing cycle. The regulations adopted herein will Groupe AEROSPATIALE Model TBM not have a substantial direct effect on 700 Airplanes Has the FAA Taken Any Action to This the States, on the relationship between Point? AGENCY: Federal Aviation the national government and the States, Administration, DOT. Yes. We issued a proposal to amend or on the distribution of power and ACTION: Final rule. part 39 of the Federal Aviation responsibilities among the various Regulations (14 CFR part 39) to include levels of government. Therefore, it is SUMMARY: This document adopts a new an AD that would apply to all SOCATA determined that this final rule does not airworthiness directive (AD) that Model TBM 700 airplanes. This have federalism implications under applies to all SOCATA—Groupe proposal was published in the Federal Executive Order 13132.
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For the reasons discussed above, I 10 calendar days after the effective date of 21.199) to operate your airplane to a location certify that this action (1) Is not a this AD, unless already accomplished. You where you can accomplish the requirements ‘‘significant regulatory action’’ under may insert a copy of this AD in the AFM to of this AD. Executive Order 12866; (2) is not a accomplish this action: (i) When does this amendment become ‘‘• Except for certain phases of flight effective? This amendment becomes effective ‘‘significant rule’’ under DOT where the AFM specifies that deicing boots on March 27, 2000. Regulatory Policies and Procedures (44 should not be used (e.g., take-off, final Issued in Kansas City, Missouri, on January FR 11034, February 26, 1979); and (3) approach, and landing), compliance with the 27, 2000. will not have a significant economic following is required. impact, positive or negative, on a •Wing and Tail Leading Edge Pneumatic Terry L. Chasteen, substantial number of small entities Deicing Boot System, if installed, must be Acting Manager, Small Airplane Directorate, under the criteria of the Regulatory activated: Aircraft Certification Service. Flexibility Act. The FAA has prepared At the first sign of ice formation anywhere [FR Doc. 00–2395 Filed 2–3–00; 8:45 am] a final evaluation and placed it in the on the aircraft, or upon annunciation from BILLING CODE 4910±13±P Rules Docket. You can get a copy of this an ice detector system, whichever occurs first; and evaluation at the location listed under The system must either be continued to be DEPARTMENT OF TRANSPORTATION the caption ADDRESSES. operated in the automatic cycling mode, if List of Subjects in 14 CFR Part 39 available; or the system must be manually Federal Aviation Administration cycled as needed to minimize the ice Air transportation, Aircraft, Aviation accretions on the airframe. 14 CFR Part 39 safety, Safety. • The wing and tail leading edge pneumatic deicing boot system may be Adoption of the Amendment [Docket No. 99±CE±64±AD; Amendment 39± deactivated only after leaving icing 11549; AD 2000±02±31] conditions and after the airplane is Accordingly, pursuant to the RIN 2120±AA64 authority delegated to me by the determined to be clear of ice.’’ (e) Can the pilot accomplish the action? Administrator, the Federal Aviation Yes. Anyone who holds at least a private Airworthiness Directives; Pilatus Administration amends part 39 of the pilot certificate, as authorized by section 43.7 Aircraft Ltd. Models PC±12 and PC±12/ Federal Aviation Regulations (14 CFR of the Federal Aviation Regulations (14 CFR 45 Airplanes part 39) as follows: 43.7), may incorporate the AFM revisions required by this AD. You must make an entry AGENCY: Federal Aviation PART 39ÐAIRWORTHINESS into the aircraft records that shows Administration, DOT. DIRECTIVES compliance with this AD, in accordance with ACTION: Final rule. section 43.9 of the Federal Aviation 1. The authority citation for part 39 Regulations (14 CFR 43.9). SUMMARY: This amendment adopts a continues to read as follows: (f) Can I comply with this AD in any other new airworthiness directive (AD) that way? Yes. Authority: 49 U.S.C. 106(g), 40113, 44701. applies to certain Pilatus Aircraft Ltd. (1) You may use an alternative method of (Pilatus) Models PC–12 and PC–12/45 § 39.13 [Amended] compliance or adjust the compliance time if: (i) Your alternative method of compliance airplanes. This AD requires replacing 2. Section 39.13 is amended by provides an equivalent level of safety; and the stick pusher capstan and the stick adding a new airworthiness directive (ii) The Manager, Small Airplane pusher servo with parts of improved (AD) to read as follows: Directorate, approves your alternative. design. The AD is the result of Submit your request through an FAA mandatory continuing airworthiness 2000–02–29 Socata—Groupe Aerospatiale: Principal Maintenance Inspector, who may Amendment 39–1547; Docket No. 99– information (MCAI) issued by the add comments and then send it to the airworthiness authority for Switzerland. CE–50–AD. Manager. (a) What airplanes are affected by this AD? (2) This AD applies to each airplane The actions specified by this AD are TBM 700 airplanes, all serial numbers, that identified in the preceding applicability intended to prevent improper operation are: provision, regardless of whether it has been of the stick pusher system caused by the (1) Equipped with pneumatic deicing modified, altered, or repaired in the area existing design configuration, which boots; and subject to the requirements of this AD. For could result in loss of control of the (2) Certificated in any category. airplanes that have been modified, altered, or airplane during a stall. (b) Who must comply with this AD? repaired so that the performance of the DATES: Effective March 27, 2000. Anyone who wishes to operate any of the requirements of this AD is affected, the above airplanes on the U.S. Register. The AD owner/operator must request approval for an ADDRESSES: Service information that does not apply to your airplane if it is not alternative method of compliance in applies to this AD may be obtained from equipped with pneumatic de-icing boots. accordance with paragraph (f)(1) of this AD. Pilatus Aircraft Ltd., Customer Liaison (c) What problem does this AD address? The request should include an assessment of Manager, CH–6371 Stans, Switzerland; The information necessary to activate the the effect of the modification, alteration, or telephone: +41 41 619 63 19; facsimile: pneumatic wing and tail deicing boots at the repair on the unsafe condition addressed by +41 41 610 33 51. This information may first signs of ice accumulation is critical for this AD; and, if you have not eliminated the flight in icing conditions. If we did not take unsafe condition, specific actions you also be examined at the Federal action to include this information, flight propose to address it. Aviation Administration (FAA), Central crews could experience reduced (g) Where can I get information about any Region, Office of the Regional Counsel, controllability of the aircraft due to adverse already-approved alternative methods of Attention: Rules Docket No. 99–CE–64– aerodynamic effects of ice adhering to the compliance? Contact the Small Airplane AD, 901 Locust, Room 506, Kansas City, airplane prior to the first deicing cycle. Directorate, 901 Locust, Room 301, Kansas Missouri 64106. (d) What must I do to address this City, Missouri 64106; telephone: (816) 329– FOR FURTHER INFORMATION CONTACT: Mr. problem? To address this problem, you must 4121; facsimile: (816) 329–4091. revise the Limitations Section of the FAA- (h) What if I need to fly the airplane to Roman T. Gabrys, Aerospace Engineer, approved Airplane Flight Manual (AFM) to another location to comply with this AD? The FAA, Small Airplane Directorate, 901 include the following requirements for FAA can issue a special flight permit under Locust, Room 301, Kansas City, activation of the ice protection systems. You sections 21.197 and 21.199 of the Federal Missouri 64106; telephone: (816) 329– must accomplish this action within the next Aviation Regulations (14 CFR 21.197 and 4141; facsimile: (816) 329–4090.
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SUPPLEMENTARY INFORMATION: does not have federalism implications To prevent improper operation of the stick under Executive Order 13132. pusher system caused by the existing design Events Leading to the Issuance of This For the reasons discussed above, I configuration, which could result in the loss AD certify that this action (1) is not a of control of the airplane during a stall, A proposal to amend part 39 of the ‘‘significant regulatory action’’ under accomplish the following: Federal Aviation Regulations (14 CFR Executive Order 12866; (2) is not a (a) Within the next 50 hours time-in- part 39) to include an AD that would ‘‘significant rule’’ under DOT service (TIS) after the effective date of this apply to certain Pilatus Models PC–12 Regulatory Policies and Procedures (44 AD, replace the stick pusher capstan and and PC12/45 airplanes was published in FR 11034, February 26, 1979); and (3) stick pusher servo with parts of improved the Federal Register as a notice of will not have a significant economic design, in accordance with the applicable proposed rulemaking (NPRM) on impact, positive or negative, on a maintenance manual, as specified in Pilatus November 23, 1999 (64 FR 65666). The substantial number of small entities Service Bulletin No. 22–003, dated June 24, NPRM proposed to require replacing the under the criteria of the Regulatory 1999. The new part numbers (P/N) are as stick pusher capstan and the stick Flexibility Act. A copy of the final follows: pusher servo with parts of improved evaluation prepared for this action is (1) Stick Pusher Capstan: P/N design. Accomplishment of the contained in the Rules Docket. A copy 978.61.11.124 (or FAA-approved equivalent proposed action as specified in the of it may be obtained by contacting the part number); and (2) Stick Pusher Servo: P/N 978.61.11.103 NPRM would be required in accordance Rules Docket at the location provided (or FAA-approved equivalent part number). with the applicable maintenance under the caption ADDRESSES. manual, as specified in Pilatus Service (b) As of the effective date of this AD, no Bulletin No. 22–003, dated June 24, List of Subjects in 14 CFR Part 39 person may install, on any of the affected airplanes, a stick pusher capstan or stick 1999. Air transportation, Aircraft, Aviation pusher servo that is not of the part number The NPRM was the result of safety, Safety. mandatory continuing airworthiness specified in paragraphs (a)(1) and (a)(2) of information (MCAI) issued by the Adoption of the Amendment this AD, respectively. airworthiness authority for Switzerland. (c) Special flight permits may be issued in Accordingly, pursuant to the accordance with sections 21.197 and 21.199 Interested persons have been afforded authority delegated to me by the an opportunity to participate in the of the Federal Aviation Regulations (14 CFR Administrator, the Federal Aviation 21.197 and 21.199) to operate the airplane to making of this amendment. No Administration amends part 39 of the comments were received on the a location where the requirements of this AD Federal Aviation Regulations (14 CFR can be accomplished. proposed rule or the FAA’s part 39) as follows: determination of the cost to the public. (d) An alternative method of compliance or adjustment of the compliance time that The FAA’s Determination PART 39ÐAIRWORTHINESS provides an equivalent level of safety may be DIRECTIVES After careful review of all available approved by the Manager, Small Airplane information related to the subject 1. The authority citation for part 39 Directorate, 901 Locust, Room 301, Kansas presented above, the FAA has continues to read as follows: City, Missouri 64106. The request shall be forwarded through an appropriate FAA determined that air safety and the Authority: 49 U.S.C. 106(g), 40113, 44701. public interest require the adoption of Maintenance Inspector, who may add the rule as proposed except for minor § 39.13 [Amended] comments and then send it to the Manager, Small Airplane Directorate. editorial corrections. The FAA has 2. Section 39.13 is amended by determined that these minor corrections Note 2: Information concerning the adding a new airworthiness directive existence of approved alternative methods of will not change the meaning of the AD (AD) to read as follows: and will not add any additional burden compliance with this AD, if any, may be upon the public than was already 2000–02–31 Pilatus Aircraft Ltd.: obtained from the Small Airplane proposed. Amendment 39–11549; Docket No. 99– Directorate. CE–64–AD. (e) Questions or technical information Cost Impact Applicability: Models PC–12 and PC–12/45 related to Pilatus Service Bulletin No. 22– The FAA estimates that 69 airplanes airplanes, all manufacturer serial numbers 003, dated June 24, 1999, should be directed in the U.S. registry will be affected by (MSN) up to and including MSN 180, to Pilatus Aircraft Ltd., Customer Liaison certificated in any category. this AD, that it will take approximately Manager, CH–6371 Stans, Switzerland; 8 workhours per airplane to accomplish Note 1: This AD applies to each airplane telephone: +41 41 619 63 19; facsimile: +41 identified in the preceding applicability 41 610 33 51. This service information may this action, and that the average labor provision, regardless of whether it has been be examined at the FAA, Central Region, rate is approximately $60 an hour. modified, altered, or repaired in the area Pilatus will provide parts free of charge subject to the requirements of this AD. For Office of the Regional Counsel, 901 Locust, until March 2000. Based on these airplanes that have been modified, altered, or Room 506, Kansas City, Missouri 64106. figures, the total cost impact of this AD repaired so that the performance of the Note 3: The subject of this AD is addressed on U.S. operators is estimated to be requirements of this AD is affected, the in Swiss AD HB 99–406, dated August 16, $33,120, or $480 per airplane. owner/operator must request approval for an 1999. alternative method of compliance in (f) This amendment becomes effective on Regulatory Impact accordance with paragraph (d) of this AD. March 27, 2000. These regulations will not have a The request should include an assessment of the effect of the modification, alteration, or Issued in Kansas City, Missouri, on January substantial direct effect on the States, on repair on the unsafe condition addressed by 27, 2000. the relationship between the national this AD; and, if the unsafe condition has not Terry L. Chasteen, Government and the States, or on the been eliminated, the request should include distribution of power and specific proposed actions to address it. Acting Manager, Small Airplane Directorate, Aircraft Certification Service. responsibilities among the various Compliance: Required as indicated in the levels of government. Therefore, the body of this AD, unless already [FR Doc. 00–2399 Filed 2–3–00; 8:45 am] FAA has determined that this final rule accomplished. BILLING CODE 4910±13±P
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DEPARTMENT OF THE TREASURY excess of the given amount. The 1704.90.74, 1806.20.75, 1806.20.95, preferential, in-quota tariff rate would 1806.90.55, 1901.90.56, 2101.12.54, Customs Service be applicable only to the extent that the 2101.20.54, 2106.90.78, or 2106.90.95. aggregate in-quota quantity of a product While a country does not need to 19 CFR Parts 132 and 163 allocated to a country had not been participate in the export-certificate exceeded. program in order to receive the in-quota [T.D. 00±7] Under Presidential Proclamation No. tariff rate for its share of the in-quota RIN 1515±AC55 7235, dated October 7, 1999, the United quantity, using export certificates States Trade Representative (USTR) was assures the exporting country that only Export Certificates for Sugar- given authority under section 404(a) of those exported sugar-containing Containing Products Subject to Tariff- the URAA to implement the tariff-rate products that it intends for the United Rate Quota quota for sugar-containing products to States market are counted against its in- ensure that they do not disrupt the quota allocation. As already noted, this AGENCY: U.S. Customs Service, orderly marketing of such products in helps ensure that such products do not Department of the Treasury. the United States. The USTR has disrupt the orderly marketing of sugar- ACTION: Interim rule; solicitation of already assigned Canada an in-quota containing products in the United comments. allocation of the sugar-containing States. products (64 FR 54719; October 7, On December 4, 1998, the SUMMARY: This document amends the 1999). Governments of the United States and Customs Regulations on an interim basis As part of the implementation of this Canada entered into a Record of to set forth the form and manner by tariff-rate quota, the USTR has Understanding regarding Areas of which an importer establishes that a established an export-certificate Agricultural Trade. In Annex 17 of this valid export certificate is in effect for program under which exporting Record of Understanding, the United certain sugar-containing products countries that have an allocation of the States agreed to require an export permit subject to a tariff-rate quota, that are in-quota quantity and that wish to issued by the Government of Canada in products of a participating country, as participate in the program may use order to enable an importer to claim the defined in an interim rule of the United export certificates for their sugar- in-quota tariff rate for those sugar- States Trade Representative (USTR). containing products that are exported to containing products of Canadian origin The export certificate is necessary to the United States. The USTR has issued described in additional U.S. Note 8 to enable the importer to claim the in- an interim rule establishing regulations chapter 17, HTSUS. Canada will thus be quota rate of duty on the sugar- for this export-certificate program (15 a participating country in this export- containing products. CFR part 2015) (64 FR 67152; December certificate program as of January 31, DATES: Interim rule effective on 1, 1999). The USTR interim rule has an 2000, the effective date of the USTR February 4, 2000. The interim rule is effective date of January 31, 2000. interim rule, as indicated above. applicable to products of a participating An exporting country wishing to In accordance with the interim country as described in the USTR participate in the export-certificate rulemaking of the USTR, Customs is interim rule that are entered or program must notify the USTR and issuing this interim rule in order to set withdrawn from warehouse for provide the necessary supporting forth a new § 132.17, Customs consumption on or after February 4, information. As defined in the USTR Regulations (19 CFR 132.17), that 2000. Comments must be received on or interim regulations (15 CFR 2015.2(e)), prescribes the form and manner by before April 4, 2000. a participating country is a country that which an importer establishes that a ADDRESS: Written comments may be has received an allocation of the in- valid export certificate exists, including addressed to and inspected at the quota quantity of the tariff-rate quota, a unique number for the certificate that Regulations Branch, U.S. Customs and that the USTR has determined, and must be referenced on the entry or Service, 1300 Pennsylvania Avenue, has so informed Customs, is eligible to withdrawal from warehouse for NW., 3rd Floor, Washington, D.C. use export certificates for their sugar- consumption, whether filed in paper 20229. containing products exported to the form or electronically. This will ensure United States. The USTR has stated that that no imports of the specified sugar- FOR FURTHER INFORMATION CONTACT: it intends to publish a notice in the containing products of a participating Leon Hayward, Office of Field Federal Register whenever a country country are counted against the Operations, (202–927–9704). becomes, or ceases to be, a participating country’s in-quota allocation unless the SUPPLEMENTARY INFORMATION: country. products are covered by a proper export The particular sugar-containing certificate. The export certificate is Background products subject to a tariff-rate quota for necessary in this regard in order to As a result of the Uruguay Round which the USTR has established the enable the importer to claim the in- Agreements, approved by Congress in export-certificate program are described quota rate of duty on the sugar- section 101 of the Uruguay Round in additional U.S. Note 8 to chapter 17 containing products. Agreements Act (URAA) (Pub. L. 103– of the Harmonized Tariff Schedule of In addition, the Interim (a)(1)(A) List 465), the President, by Presidential the United States (HTSUS). Specifically, set forth as an Appendix to part 163, Proclamation No. 6763, established a unless excepted as provided in Customs Regulations (19 CFR part 163, tariff-rate quota for imported sugar- additional U.S. Note 3 to chapter 17, Appendix), that lists the records containing products. HTSUS, the imported sugar-containing required for the entry of merchandise, is Under a tariff-rate quota, the United products covered by the export- revised to add a reference to the States applies one tariff rate, known as certificate program contain over 10 requirement in new § 132.17 that an the in-quota tariff rate, to imports of a percent by dry weight of sugars derived importer possess a valid export product up to a particular amount, from cane or sugar beets, whether or not certificate for sugar-containing products known as the in-quota quantity, and mixed with other ingredients, and they that are subject to a tariff-rate quota and another, higher rate, known as the over- are classified under one of the following that are products of a participating quota rate, to imports of a product in HTSUS subheadings: 1701.91.54, country, in order for the importer to be
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DEPARTMENT OF THE TREASURY be needed as a result of future changes listed in §§ 1.401(b)–(1)(b)(1) and to the Internal Revenue Code (Code). 1.401(b)–1(b)(2)(i) and (ii). Internal Revenue Service No written comments responding to The final regulations retain the rules the notice of proposed rulemaking were set forth in the temporary regulations to 26 CFR Part 1 received. No public hearing was clarify the scope of the Commissioner’s [TD 8871] requested or held. The proposed authority to provide relief from plan regulations under section 401(b) are disqualification under section 401(b). RIN 1545±AV22 adopted by this Treasury decision, and These changes are needed to clarify the the corresponding temporary rules relating to the plan provisions that Remedial Amendment Period regulations are removed. may be designated by the Commissioner as disqualifying provisions based on AGENCY: Internal Revenue Service (IRS), Explanation of Provisions Treasury. amendments to the plan qualification Section 401(b) provides that a plan is requirements of the Internal Revenue ACTION: Final and temporary considered to satisfy the qualification Code. Section 1.401(b)–1(b)(3) retains regulations. requirements of section 401(a) for the the rule set forth in the temporary SUMMARY: This document contains period beginning with the date on regulations to provide that a regulations relating to the remedial which it was put into effect, or for the disqualifying provision includes a plan amendment period, during which a period beginning with the earlier of the provision designated by the sponsor of a qualified retirement plan or date on which any amendment that Commissioner, at the Commissioner’s an employer that maintains a qualified caused the plan to fail to satisfy those discretion, as a disqualifying provision retirement plan can make retroactive requirements was adopted or put into that either (1) results in the failure of the amendments to the plan to eliminate effect, and ending with the time plan to satisfy the qualification certain qualification defects for the prescribed by law for filing the requirements of the Code by reason of entire period. These final regulations employer’s return for the taxable year in a change in those requirements; or (2) is clarify the scope of the Commissioner’s which that plan or amendment was integral to a qualification requirement of authority to provide relief from plan adopted (including extensions) or such the Code that has been changed. Section disqualification under the regulations. later time as the Secretary may 1.401(b)–1(c)(2) retains the rule set forth These clarifications confirm the designate, if all provisions of the plan in the temporary regulations to provide needed to satisfy the qualification Commissioner’s authority to provide the Commissioner with explicit requirements are in effect by the end of appropriate relief for plan amendments authority to impose limits and provide the specified period and have been relating to changes to the plan additional rules regarding the made effective for all purposes for the qualification rules made in recent amendments that may be made with entire period. legislation. These final regulations affect respect to disqualifying provisions Section 1.401(b)–1(b) lists the plan during the remedial amendment period. sponsors of qualified retirement plans, provisions that may be amended employers that maintain qualified Section 1.401(b)–1(d)(1)(iv) and (v) retroactively pursuant to the rules of provide conforming rules, as previously retirement plans, and qualified section 401(b). These plan provisions, retirement plan participants. provided in the temporary regulations, termed disqualifying provisions, include regarding the beginning of the remedial EFFECTIVE DATES: These regulations are the plan provisions described in section amendment period for disqualifying effective February 4, 2000. 401(b), as well as plan provisions that provisions described in § 1.401(b)– FOR FURTHER INFORMATION CONTACT: result in failure of a plan to satisfy the 1(b)(3). Linda S.F. Marshall at (202) 622–6030 qualification requirements of the Code or Lisa A. Tavares at (202) 622–6090 by reason of a change in those Special Analyses (not a toll-free number). requirements effected by the legislation It has been determined that this SUPPLEMENTARY INFORMATION: listed in § 1.401(b)–1(b)(2)(i) and (ii). Treasury decision is not a significant Under § 1.401(b)–1(b)(2)(ii), a regulatory action as defined in Background disqualifying provision also includes a Executive Order 12866. Therefore, a This document contains amendments plan provision that is integral to a regulatory assessment is not required. It to the Income Tax Regulations (26 CFR qualification requirement changed by also has been determined that section part 1) under section 401(b). These specified legislation. As in effect prior 553(b) of the Administrative Procedure regulations provide guidance to clarify to the previously issued final and Act (5 U.S.C. chapter 5) does not apply the scope of the Commissioner’s temporary regulations, § 1.401(b)– to these regulations, and because the authority to provide relief from plan 1(b)(2)(iii) provided that a disqualifying regulation does not impose a collection disqualification under section 401(b) provision includes a plan provision that of information on small entities, the and the regulations. On August 1, 1997, results in failure of the plan to satisfy Regulatory Flexibility Act (5 U.S.C. temporary regulations (TD 8727) under the Code’s qualification requirements by chapter 6) does not apply. Pursuant to section 401(b) were published in the reason of a change in those section 7805(f) of the Internal Revenue Federal Register (62 FR 41272). A requirements effected by amendments to Code, the notice of proposed rulemaking notice of proposed rulemaking (REG– the Code, that is designated by the preceding these regulations was 106043–97), cross-referencing the Commissioner, at the Commissioner’s submitted to the Small Business temporary regulations, was published in discretion, as a disqualifying provision. Administration for comment on its the Federal Register (62 FR 41322) on Section 1.401(b)–1(d) provides rules impact on small businesses. the same day. The temporary for determining the period for which the regulations enabled the Commissioner relief provided under section 401(b) Drafting Information to provide appropriate relief concerning applies (the ‘‘remedial amendment The principal authors of these the timing of plan amendments relating period’’). regulations are Linda S. F. Marshall and to changes to the plan qualification Section 1.401(b)–1(d)(1) defines the Lisa A. Tavares, Office of the Associate rules made in recent legislation, as well beginning of the remedial amendment Chief Counsel (Employee Benefits and as for other plan amendments that may period for the disqualifying provisions Exempt Organizations). However, other
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Moreover, due to the nature of the H. National Technology Transfer and (270) * * * Federal-State relationship under the Advancement Act (i) * * * (B) Monterey Bay Unified Air Clean Air Act, preparation of flexibility Section 12 of the National Technology Pollution Control District. analysis would constitute Federal Transfer and Advancement Act (1) Rule 207, amended on September inquiry into the economic (NTTAA) of 1995 requires Federal 15, 1999. reasonableness of state action. The agencies to evaluate existing technical Clean Air Act forbids EPA to base its standards when developing a new * * * * * actions concerning SIPs on such regulation. To comply with NTTAA, [FR Doc. 00–2183 Filed 2–3–00; 8:45 am] grounds. Union Electric Co., v. U.S. EPA must consider and use ‘‘voluntary BILLING CODE 6560±50±P EPA, 427 U.S. 246, 255–66 (1976); 42 consensus standards’’ (VCS) if available U.S.C. 7410(a)(2). and applicable when developing F. Unfunded Mandates programs and policies unless doing so ENVIRONMENTAL PROTECTION AGENCY Under section 202 of the Unfunded would be inconsistent with applicable Mandates Reform Act of 1995 law or otherwise impractical. 40 CFR Part 300 (‘‘Unfunded Mandates Act’’), signed The EPA believes that VCS are into law on March 22, 1995, EPA must inapplicable to this action. Today’s [FRL±6532±7] prepare a budgetary impact statement to action does not require the public to perform activities conducive to the use National Priorities List for Uncontrolled accompany any proposed or final rule Hazardous Waste Sites that includes a Federal mandate that of VCS. may result in estimated annual costs to I. Petitions for Judicial Review AGENCY: Environmental Protection State, local, or tribal governments in the Agency. Under section 307(b)(1) of the Clean aggregate; or to private sector, of $100 ACTION: Final rule. million or more. Under section 205, Air Act, petitions for judicial review of EPA must select the most cost-effective this action must be filed in the United SUMMARY: The Comprehensive and least burdensome alternative that States Court of Appeals for the Environmental Response, achieves the objectives of the rule and appropriate circuit by April 4, 2000. Compensation, and Liability Act of 1980 is consistent with statutory Filing a petition for reconsideration by (‘‘CERCLA’’ or ‘‘the Act’’), as amended, requirements. Section 203 requires EPA the Administrator of this final rule does requires that the National Oil and to establish a plan for informing and not affect the finality of this rule for the Hazardous Substances Pollution advising any small governments that purposes of judicial review nor does it Contingency Plan (‘‘NCP’’) include a list may be significantly or uniquely extend the time within which a petition of national priorities among the known impacted by the rule. for judicial review may be filed, and releases or threatened releases of EPA has determined that the approval shall not postpone the effectiveness of hazardous substances, pollutants, or action promulgated does not include a such rule or action. This action may not contaminants throughout the United Federal mandate that may result in be challenged later in proceedings to States. The National Priorities List estimated annual costs of $100 million enforce its requirements. (See section (‘‘NPL’’) constitutes this list. The NPL is or more to either State, local, or tribal 307(b)(2).) intended primarily to guide the governments in the aggregate, or to the List of Subjects in 40 CFR Part 52 Environmental Protection Agency private sector. This Federal action (‘‘EPA’’ or ‘‘the Agency’’) in determining approves pre-existing requirements Environmental protection, Air which sites warrant further under State or local law, and imposes pollution control, Hydrocarbons, investigation to assess the nature and no new requirements. Accordingly, no Incorporation by reference, extent of public health and additional costs to State, local, or tribal Intergovernmental relations, Nitrogen environmental risks associated with the governments, or to the private sector, dioxide, Ozone, Reporting and site and to determine what CERCLA- result from this action. recordkeeping requirements, Volatile financed remedial action(s), if any, may organic compound. G. Submission to Congress and the be appropriate. This rule adds 10 new Comptroller General Dated: January 7, 2000. sites to the NPL; all to the General Felicia Marcus, Superfund Section of the NPL. The Congressional Review Act, 5 Regional Administrator, Region IX. EFFECTIVE DATE: The effective date for U.S.C. 801 et seq., as added by the Small this amendment to the NCP March 6, Business Regulatory Enforcement Part 52, chapter I, title 40 of the Code 2000. Fairness Act of 1996, generally provides of Federal Regulations is amended as that before a rule may take effect, the follows: ADDRESSES: For addresses for the agency promulgating the rule must Headquarters and Regional dockets, as submit a rule report, which includes a PART 52Ð[AMENDED] well as further details on what these copy of the rule, to each House of the dockets contain, see Section II, 1. The authority citation for part 52 Congress and to the Comptroller General ‘‘Availability of Information to the continues to read as follows: of the United States. EPA will submit a Public’’ in the SUPPLEMENTARY report containing this rule and other Authority: 42 U.S.C. 7401 et seq. INFORMATION portion of this preamble. required information to the U.S. Senate, FOR FURTHER INFORMATION CONTACT: the U.S. House of Representatives, and Subpart FÐCalifornia Yolanda Singer, phone (703) 603–8835, the Comptroller General of the United 2. Section 52.220 is amended by State, Tribal and Site Identification States prior to publication of the rule in adding paragraph (270)(i)(B) to read as Center, Office of Emergency and the Federal Register. A major rule follows: Remedial Response (mail code 5204G), cannot take effect until 60 days after it U.S. Environmental Protection Agency; is published in the Federal Register. § 52.220 Identification of plan. Ariel Rios Building; 1200 Pennsylvania This rule is not a ‘‘major’’ rule as * * * * * Avenue NW; Washington, DC 20460, or defined by 5 U.S.C. 804(2). (c) * * * the Superfund Hotline, phone (800)
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424–9346 or (703) 412–9810 in the XIII. Executive Order 13084 environmental risks associated with a Washington, DC, metropolitan area. What is Executive Order 13084 and is it release of hazardous substances. The Applicable to this Final Rule? SUPPLEMENTARY INFORMATION: NPL is only of limited significance, I. Background however, as it does not assign liability Table of Contents to any party or to the owner of any I. Background A. What Are CERCLA and SARA? specific property. Neither does placing A. What are CERCLA and SARA? In 1980, Congress enacted the a site on the NPL mean that any B. What is the NCP? C. What is the National Priorities List Comprehensive Environmental remedial or removal action necessarily (NPL)? Response, Compensation, and Liability need be taken. D. How are Sites Listed on the NPL? Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or For purposes of listing, the NPL E. What Happens to Sites on the NPL? ‘‘the Act’’), in response to the dangers of includes two sections, one of sites that F. How are Site Boundaries Defined? uncontrolled releases of hazardous are generally evaluated and cleaned up G. How are Sites Removed from the NPL? substances. CERCLA was amended on by EPA (the ‘‘General Superfund H. Can Portions of Sites be Deleted from October 17, 1986, by the Superfund Section’’), and one of sites that are the NPL as They Are Cleaned Up? Amendments and Reauthorization Act owned or operated by other Federal I. What is the Construction Completion List agencies (the ‘‘Federal Facilities (CCL)? (‘‘SARA’’), Public Law 99–499, 100 Stat. II. Availability of Information to the Public 1613 et seq. Section’’). With respect to sites in the Federal Facilities Section, these sites are A. Can I Review the Documents Relevant B. What Is the NCP? to this Final Rule? generally being addressed by other B. What Documents are Available for To implement CERCLA, EPA Federal agencies. Under Executive Review at the Headquarters Docket? promulgated the revised National Oil Order 12580 (52 FR 2923, January 29, C. What Documents are Available for and Hazardous Substances Pollution 1987) and CERCLA section 120, each Review at the Regional Docket? Contingency Plan (‘‘NCP’’), 40 CFR part Federal agency is responsible for D. How Do I Access the Documents? 300, on July 16, 1982 (47 FR 31180), carrying out most response actions at E. How Can I Obtain a Current List of NPL pursuant to CERCLA section 105 and Sites? facilities under its own jurisdiction, III. Contents of This Final Rule Executive Order 12316 (46 FR 42237, custody, or control, although EPA is A. Additions to the NPL August 20, 1981). The NCP sets responsible for preparing an HRS score B. Status of NPL guidelines and procedures for and determining whether the facility is C. What did EPA Do with the Public responding to releases and threatened placed on the NPL. EPA generally is not Comments It Received? releases of hazardous substances, the lead agency at Federal Facilities IV. Executive Order 12866 pollutants, or contaminants under Section sites, and its role at such sites A. What is Executive Order 12866? CERCLA. EPA has revised the NCP on is accordingly less extensive than at B. Is this Final Rule Subject to Executive several occasions. The most recent Order 12866 Review? other sites. comprehensive revision was on March V. Unfunded Mandates D. How Are Sites Listed on the NPL? A. What is the Unfunded Mandates Reform 8, 1990 (55 FR 8666). Act (UMRA)? As required under section There are three mechanisms for B. Does UMRA Apply to This Final Rule? 105(a)(8)(A) of CERCLA, the NCP also placing sites on the NPL for possible VI. Effects on Small Businesses includes ‘‘criteria for determining remedial action (see 40 CFR § 300.425(c) A. What is the Regulatory Flexibility Act? priorities among releases or threatened of the NCP): (1) A site may be included B. Does the Regulatory Flexibility Act releases throughout the United States on the NPL if it scores sufficiently high Apply to this Final Rule? for the purpose of taking remedial on the Hazard Ranking System (‘‘HRS’’), VII. Possible Changes to the Effective Date of the Rule action and, to the extent practicable, which EPA promulgated as appendix A A. Has This Rule Been Submitted to taking into account the potential of the NCP (40 CFR part 300). The HRS Congress and the General Accounting urgency of such action for the purpose serves as a screening device to evaluate Office? of taking removal action.’’ (‘‘Removal’’ the relative potential of uncontrolled B. Could the Effective Date of This Final actions are defined broadly and include hazardous substances to pose a threat to Rule Change? a wide range of actions taken to study, human health or the environment. On C. What Could Cause the Effective Date of clean up, prevent or otherwise address December 14, 1990 (55 FR 51532), EPA This Rule to Change? promulgated revisions to the HRS partly VIII. National Technology Transfer and releases and threatened releases 42 Advancement Act U.S.C. § 9601(23).) in response to CERCLA section 105(c), A. What is the National Technology added by SARA. The revised HRS C. What Is the National Priorities List evaluates four pathways: ground water, Transfer and Advancement Act? (NPL)? B. Does the National Technology Transfer surface water, soil exposure, and air. As and Advancement Act Apply to this The NPL is a list of national priorities a matter of Agency policy, those sites Final Rule? among the known or threatened releases that score 28.50 or greater on the HRS IX. Executive Order 12898 of hazardous substances, pollutants, or are eligible for the NPL; (2) Each State A. What is Executive Order 12898? contaminants throughout the United may designate a single site as its top B. Does Executive Order 12898 Apply to This Final Rule? States. The list, which is appendix B of priority to be listed on the NPL, X. Executive Order 13045 the NCP (40 CFR part 300), was required regardless of the HRS score. This A. What is Executive Order 13045? under section 105(a)(8)(B) of CERCLA, mechanism, provided by the NCP at 40 B. Does Executive Order 13045 Apply to as amended by SARA. Section CFR § 300.425(c)(2) requires that, to the This Final Rule? 105(a)(8)(B) defines the NPL as a list of extent practicable, the NPL include XI. Paperwork Reduction Act ‘‘releases’’ and the highest priority within the 100 highest priorities, one A. What is the Paperwork Reduction Act? ‘‘facilities’’ and requires that the NPL be facility designated by each State B. Does the Paperwork Reduction Act revised at least annually. The NPL is representing the greatest danger to Apply to This Final Rule? XII. Executive Orders on Federalism intended primarily to guide EPA in public health, welfare, or the What Are The Executive Orders on determining which sites warrant further environment among known facilities in Federalism and Are They Applicable to investigation to assess the nature and the State (see 42 U.S.C. § 9605(a)(8)(B)); This Final Rule? extent of public health and (3) The third mechanism for listing,
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Of the 206 sites that have been The contact information for the TABLE 1.ÐNATIONAL PRIORITIES LIST deleted from the NPL, 197 sites were Regional dockets is as follows: FINAL RULE, GENERAL SUPERFUND deleted because they have been cleaned SECTION up (the other 9 sites were deleted based Barbara Callahan, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, Records on deferral to other authorities and are City/ not considered cleaned up). As of Center, Mailcode HSC, One Congress State Site name county January 19, 2000, there are a total of 676 Street, Suite 1100, Boston, MA sites on the CCL. This total includes the 02114–2023; 617/918–1356 FL ...... Trans Circuit, Inc ..... Lake Park 197 deleted sites. For the most up-to- Ben Conetta, Region 2 (NJ, NY, PR, VI), LA ...... Marion Pressure Marion date information on the CCL, see EPA’s Treating. U.S. EPA, 290 Broadway, New York, NY ...... Jackson Steel ...... Mineola/ Internet site at http://www.epa.gov/ NY 10007–1866; 212/637–4435 North superfund. Dawn Shellenberger (GCI), Region 3 Hemp- II. Availability of Information to the (DE, DC, MD, PA, VA, WV), U.S. EPA, stead Public Library, 1650 Arch Street, Mailcode NY ...... Lawrence Aviation Port Jef- Industries, Inc. ferson 3PM52, Philadelphia, PA 19103; 215/ A. Can I Review the Documents Station 814–5364. Relevant to This Final Rule? NY ...... Peter Cooper Cor- Dayton Joellen O’Neill, Region 4 (AL, FL, GA, poration Yes, documents relating to the (Markhams). evaluation and scoring of the sites in KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street, SW, 9th floor, Atlanta, PA ...... Old Wilmington Sadsbury- this final rule are contained in dockets Road Ground ville located both at EPA Headquarters and in GA 30303; 404/562–8127. Water Contamina- the Regional offices. Region 5 (IL, IN, MI, MN, OH, WI), U.S. tion. EPA, Records Center, Waste PR ...... Scorpio Recycling, Candeleri- B. What Documents Are Available for Management Division 7-J, Metcalfe Inc. a Ward Review at the Headquarters Docket? Federal Building, 77 West Jackson RI ...... Centredale Manor North The Headquarters docket for this rule Boulevard, Chicago, IL 60604; 312/ Restoration Provi- Project. dence contains, for each proposed site, the 886–7570. HRS score sheets, the Documentation SC ...... Macalloy Corpora- North tion. Charle- Record describing the information used Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445 Ross ston to compute the score, pertinent UT ...... Jacobs Smelter ...... Stockton information regarding statutory Avenue, Mailcode 6SF–RA, Dallas, TX 75202–2733; 214/665–7436. requirements or EPA listing policies that Number of Sites Added to the General affect the site, and a list of documents Carole Long, Region 7 (IA, KS, MO, NE), Superfund Section: 10. referenced in the Documentation U.S. EPA, 901 North 5th Street, Record. The Headquarters docket also Kansas City, KS 66101; 913/551–7224. B. Status of NPL contains comments received, and the David Williams, Region 8 (CO, MT, ND, With the 10 new sites added to the Agency’s responses to those comments. SD, UT, WY), U.S. EPA, 999 18th NPL in today’s final rule; the NPL now The Agency’s responses are contained Street, Suite 500, Mailcode 8EPR–SA, contains 1,226 final sites; 1,067 in the in the ‘‘Support Document for the Denver, CO 80202–2466; 303/312– General Superfund Section and 159 in Revised National Priorities List Final 6757. the Federal Facilities Section. With a Rule—January 2000.’’ Carolyn Douglas, Region 9 (AZ, CA, HI, separate rule (published elsewhere in C. What Documents Are Available for NV, AS, GU), U.S. EPA, 75 Hawthorne today’s Federal Register) proposing to Review at the Regional Dockets? Street, San Francisco, CA 94105; 415/ add 8 new sites to the NPL, there are The Regional dockets contain all the 744–2343. now 55 sites proposed and awaiting information in the Headquarters docket, final agency action, 48 in the General David Bennett, Region 10 (AK, ID, OR, Superfund Section and 7 in the Federal plus the actual reference documents WA), U.S. EPA, 11th Floor, 1200 6th containing the data principally relied Facilities Section. Final and proposed Avenue, Mail Stop ECL–115, Seattle, sites now total 1,281. (These numbers upon by EPA in calculating or WA 98101; 206/553–2103. evaluating the HRS score for the sites reflect the status of sites as of January located in their Region. These reference E. How Can I Obtain a Current List of 19, 2000. Sites deletions may affect documents are available only in the NPL Sites? these numbers at time of publication in Regional dockets. the Federal Register.) You may obtain a current list of NPL C. What Did EPA Do With the Public D. How Do I Access the Documents? sites via the Internet at http:// Comments It Received? You may view the documents, by www.epa.gov/superfund/ (look under appointment only, after the publication site information category) or by EPA reviewed all comments received of this document. The hours of contacting the Superfund Docket (see on the sites in this rule. The following operation for the Headquarters docket contact information above). sites were proposed on October 22, 1999 are from 9 a.m. to 4 p.m., Monday (64 FR 56992): Trans Circuit, Inc., through Friday, excluding Federal III. Contents of This Final Rule Marion Pressure Treating, Jackson Steel, holidays. Please contact the Regional A. Addition to the NPL Lawrence Aviation Industries, Scorpio dockets for hours. Recycling, Inc., Centredale Manor Following is the contact information This final rule adds 10 sites to the Restoration Project, and Macalloy for the EPA Headquarters: Docket NPL; all to the General Superfund Corporation. The Old Wilmington Road Coordinator, Headquarters, U.S. EPA Section of the NPL. Table 1 presents the Ground Water Contamination site and CERCLA Docket Office, Crystal Gateway 10 sites in the General Superfund the Jacobs Smelter site were proposed #1, 1st Floor, 1235 Jefferson Davis Section. Sites in the table are arranged on July 22, 1999 (64 FR 39886). The Highway, Arlington, VA, 703/603–8917. alphabetically by State. Peter Cooper Corporation (Markhams)
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1991 Comp., p. 351; E.O. 12580, 52 FR 2923, sites in alphabetical order to read as Appendix B to Part 300—National 3 CFR, 1987 Comp., p. 193. follows: Priorities List 2. Table 1 of Appendix B to Part 300 is amended by adding the following
TABLE 1.ÐGENERAL SUPERFUND SECTION
State Site name City/County Notes(a)
***** FL ...... Trans Circuit, Inc...... Lake Park.
***** LA ...... Marion Pressure Treating ...... Marion.
***** NY ...... Jackson Steel ...... Mineola/North Hempstead.
***** NY ...... Lawrence Aviation Industries, Inc...... Port Jefferson Station.
***** NY ...... Peter Cooper Corporation (Markhams) ..... Winslow Township.
***** PA ...... Old Wilmington Road Ground Water Con- Sadsburyville. tamination.
***** PR ...... Scorpio Recycling, Inc...... Candeleria Ward.
***** RI ...... Centredale Manor Restoration Project ...... North Providence.
**** SC ...... Macalloy Corporation ...... North Charleston.
***** UT ...... Jacobs Smelter ...... Stockton.
***** (a) A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (if scored, HRS score need not be ≤ 28.50). C = Sites on Construction Completion list. S = State top priority (included among the 100 top priority sites regardless of score). P = Sites with partial deletion(s).
[FR Doc. 00–2474 Filed 2–3–00; 8:45 am] (4) No person may manufacture, DEPARTMENT OF COMMERCE BILLING CODE 6560±50±P process, or distribute in commerce PCBs for research and development unless National Oceanic and Atmospheric they have been granted an exemption to Administration ENVIRONMENTAL PROTECTION do so under TSCA section 6(e)(3)(B). AGENCY 50 CFR Part 679 * * * * * 40 CFR Part 761 [FR Doc. 00–55501 Filed 2–3–00; 8:45 am] [Docket No. 991223349±9349±01; I.D. 122199A] BILLING CODE 1505±01±D Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Fisheries of the Exclusive Economic Distribution in Commerce, and Use Zone Off Alaska; Bering Sea and Prohibitions Aleutian Islands Area; Interim Harvest Specifications for Groundfish; CFR Correction Correction In Title 40 of the Code of Federal AGENCY: National Marine Fisheries Regulations, parts 700 to 789, revised as Service (NMFS), National Oceanic and of July 1, 1999, page 537, part 761, Atmospheric Administration (NOAA), § 761.30 is corrected by reinstating Commerce. paragraph (j)(4) to read as follows: ACTION: Correction. § 761.30 Authorizations. SUMMARY: NMFS is correcting the * * * * * Interim 2000 Harvest Specifications for (j) * * * groundfish of the Bering Sea and
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Aleutian Islands management area Fishery Conservation and Management add the figure ‘‘7,153’’ in its place, and (BSAI). Act. Regulations governing fishing by (2) under 3rd column ‘‘Interim TAC’’ at DATES: Effective 0001 hrs, Alaska local U.S. vessels in accordance with the FMP the stub entry ‘‘Total interim TAC,’’ time, January 1, 2000, until the effective at subpart H of 50 CFR part 600 and CFR remove the figure ‘‘635,888’’ and add date of final 2000 harvest specifications part 679. the figure ‘‘628,735’’ in its place. for groundfish, which will be published Correction Classification in the Federal Register. In the rule, Interim 2000 Harvest FOR FURTHER INFORMATION CONTACT: Specifications for Groundfish of the This action is required by § 679.20 Mary Furuness, 907–586–7228. BSAI, published on January 3, 2000 (65 and is exempt from review under E.O. SUPPLEMENTARY INFORMATION: NMFS FR 60) FR DOC 99–34030, page 62, 12866. manages the groundfish fishery in the under Table 1 INTERIM 2000 TAC Authority: 16 U.S.C. 1801 et seq. BSAI exclusive economic zone AMOUNTS FOR GROUNDFISH AND Dated: January 31, 2000. according to the Fishery Management APPORTIONMENTS THEREOF FOR Plan for the Groundfish Fishery of the THE BERING SEA AND ALEUTIAN Bruce C. Morehead, Bering Sea and Aleutian Islands Area ISLANDS MANAGEMENT AREA, 3rd Acting Director, Office of Sustainable (FMP) prepared by the North Pacific column ‘‘Interim TAC,’’ at the stub entry Fisheries, National Marine Fisheries Service. Fishery Management Council under ‘‘Atka mackerel,’’ (1) remove the figure [FR Doc. 00–2455 Filed 2–3–00; 8:45 am] authority of the Magnuson-Stevens ‘‘14,306’’ assigned to Other gear, and BILLING CODE 3510±22±F
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Proposed Rules Federal Register Vol. 65, No. 24
Friday, February 4, 2000
This section of the FEDERAL REGISTER applicable to this proposed rule because provisions contained in this rule will contains notices to the public of the proposed FSA is not required by 5 U.S.C. 533 or not have a substantial direct effect on issuance of rules and regulations. The any other provision of the law to States or their political subdivisions, or purpose of these notices is to give interested publish a notice of proposed rulemaking on the distribution of power and persons an opportunity to participate in the with respect to the subject matter of this responsibilities among the various rule making prior to the adoption of the final rules. rule. levels of Government. Environmental Evaluation Discussion of the Proposed Rule DEPARTMENT OF AGRICULTURE It has been determined by an A number of commodity programs are environmental evaluation that this administered on a farm-by-farm basis. Farm Service Agency action will have no significant impact Rules in 7 CFR part 718 govern what is on the quality of the human considered to be a ‘‘farm’’ for certain 7 CFR Part 718 environment. Therefore, neither an commodity programs and sets out other environmental assessment nor an RIN 0560±AF36 generic definitions and rules for those Environmental Impact Statement is programs. This proposed rule would Amendment to the Farm needed. amend part 718 in several respects. Reconstitution Regulations for Executive Order 12988 First, a number of definitions found at Acreages, Allotments, and Quotas § 718.2 would be amended. Among This proposed rule has been reviewed these, the ‘‘agricultural use’’ definition AGENCY: Farm Service Agency, USDA. in accordance with Executive Order in that section would be revised in its ACTION: Proposed rule with requests for 12988. The provisions of this proposed entirety. Under the rules in part 718 in comments. rule preempt State laws to the extent certain instances the division of a farm’s such laws are inconsistent with the ‘‘contract acreage’’ (acreage enrolled in SUMMARY: This proposed rule would provisions of this rule. The provisions the Production Flexibility Contract amend regulations that are used to of this rule are not retroactive. Before program administered under 7 CFR part determine whether separate tracts of any judicial action may be brought 1412) will be made on the basis of each land will be considered separate farms concerning the provisions of this rule, separate tract’s agricultural use acreage. for certain commodity programs. The the administrative remedies must be Currently, the § 718.2 ‘‘agricultural use’’ regulations also set generic terms and exhausted. definition refers to certain specific crop, definitions for those programs. This forage and conserving uses. To avoid rule, if adopted, would modify several Executive Order 12372 being unduly restrictive, the definition definitions, change the effective date for This program/activity is not subject to would, by this rule, be modified to more certain farm reconstitutions, and add the provisions of Executive Order generally provide that it includes any new provisions governing farm 12372, which requires agricultural activity. Also, § 718.2 divisions. These changes are expected to intergovernmental consultation with would be amended to add a definition improve the administration of farm State and local officials. See the Notice for ‘‘common ownership unit’’. That programs. related to 7 CFR part 3015, subpart V, term and concept is used in connection published at 48 FR 29115 (June 24, DATES: Comments must be received on with tobacco farm divisions under 7 1983). or before March 6, 2000 to be assured CFR part 723 in which production of consideration. Unfunded Mandates Reform Act of histories may be assigned to those units. ADDRESSES: Submit comments to: 1995 The added definition follows that which Loretta Baxa, Production, Emergencies This rule contains no Federal already appears in part 723. Further, the and Compliance Division (PECD), Farm mandates under the regulatory ‘‘cropland’’ definition in § 718.2 is Service Agency (FSA), USDA, STOP provisions of Title II of the Unfunded important for a number of program 0517, 1400 Independence Avenue, SW, Mandates Reform Act of 1995 (UMRA) matters including the establishment of Washington, D.C. 20250–0517, for State, local, and tribal governments how much land on the farm can be telephone (202) 720–7602, e-mail enrolled in the Production Flexibility l or the private sector. Thus, this rule is loretta [email protected]. not subject to the requirements of Contract program and the Conservation FOR FURTHER INFORMATION CONTACT: sections 202 and 205 of UMRA. Reserve Program. This rule would Loretta Baxa at (202) 720–7602. clarify the definition to specify that: (1) Paperwork Reduction Act SUPPLEMENTARY INFORMATION: newly broken out land will be Information collected in this rule has considered ‘‘cropland’’ for part 718 Executive Order 12866 been approved by OMB and assigned purposes so long as the land is capable This rule has been determined to be OMB Control Number 0560–0025. This of, and is intended to be harvested using not significant for purposes of Executive rule does not contain any new normal harvesting and production Order 12866 and therefore has not been collection information requirements. techniques and (2) land devoted to reviewed by the Office of Management ponds, tanks, or trees will not generally Executive Order 12612 and Budget (OMB). be considered ‘‘cropland’’ for part 718 It has been determined that this rule purposes. In addition, the ‘‘farm’’ Regulatory Flexibility Act does not have significant Federalism definition contained in § 718.2 will be It has been determined that the implications to warrant the preparation modified. Currently, that term is defined Regulatory Flexibility Act is not of a Federalism Assessment. The to mean a unit operated by one producer
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Further, the provisions dealing with Agricultural use land means land that control of the farming operations on the the ‘‘agricultural use’’ method would be was devoted to cropland at the time it farm. amended. Currently the regulations call was enrolled in a production flexibility * * * * * for, when using that method, dividing contract in accordance with part 1412 of 3. Amend § 718.201 by revising the tract based on land involved in this title and continues to be used for paragraphs (a)(1) and (a)(2) to read as ‘‘agricultural and related activity.’’ agricultural purposes or land that met follows: Because of the expansive new definition the definition of cropland on or after of ‘‘agricultural use’’ which would be April 4, 1996, and continues to be used § 718.201 Farm constitution. adopted in this rule, those references in for agricultural purposes but not for (a) * * * this rule would be changed to references nonagricultural commercial or (1) After August 1, 1996, land subject, to land in ‘‘agricultural use.’’ That industrial use. under 7 CFR part 1412, to a production change would not be expected to change * * * * * flexibility contract with land not subject in a material way the application of the Common ownership unit means a to a production flexibility contract agricultural use method of proration. In distinguishable parcel of land, unless the farm not subject to a addition, this part of the regulations is consisting of one or more tracts of land production flexibility contract is a farm modified to make another clarifying with the same owners, as determined by on which the entirety of the cropland is change in its text. FSA. enrolled in the CRP and on which the Finally, it is proposed that the * * * * * cropland can, and will, become contract authority citation for part 718 be Cropland. (1) * * * acreage for purposes of the production amended to add references to 7 U.S.C. (v) Is in sod waterways or filter strips flexibility contract program upon the 1375, 1378, and 1379. These are generic planted to a perennial cover; termination of the CRP contract; provisions of the Agricultural (vi) Is preserved as cropland in (2) Land under separate ownership Adjustment Act of 1938 which generally accordance with 1410 of this title; or unless the owners agree in writing and provide for the Secretary to issue (vii) Is land that has newly been the labor, equipment, accounting regulations governing the making broken out for purposes of being planted system, and management are operated available of quotas and allotments under to a crop that the producer intends to, in common by the operator but separate that Act and other matters relating to and is capable of, carrying through to from that of any other tracts; that Act. Also those provisions deal harvest, using tillage and cultural with the disposition of allotments when practices that are consistent with * * * * * there is an exercise of eminent domain normal practices in the area; provided 4. Amend § 718.204 by revising over a farm and, 7 U.S.C. 1379 further that, in the event that such paragraphs (b) and (d) and adding specifically provides the Secretary with practices are not utilized other than for paragraph (e) to read as follows: the authority to undertake farm reasons beyond the producer’s control, § 718.204 Reconstitution of allotments, reconstitutions. Further, this rule would the cropland determination shall be quotas, and acreage. add a section that would set out in part void retroactive to the time at which the * * * * * 718 the control numbers assigned by the land was broken out. Office of Management and Budget for (2) * * * (b) Reconstitutions of farms subject to Paperwork Reduction Act purposes. (v) Converted to ponds, tanks or trees a production flexibility contract under Comments are requested on all of (other than those trees planted in part 1412 of this title will be effective these matters. compliance with a Conservation Reserve for the current year only if initiated Program contract executed pursuant to before the earlier of June 1 of the fiscal List of Subjects in 7 CFR Part 718 parts 704 or 1410 of this title, or trees year or prior to the issuance of Acreage allotments, marketing quotas. which are used in one- or two-row production flexibility contract payments Accordingly, 7 CFR part 718 is shelterbelt plantings, or are part of an for the farm or farms being proposed to be amended as follows: orchard or vineyard). reconstituted. * * * * * * * * * * PART 718ÐPROVISIONS APPLICABLE Farm shall generally mean a tract, or (d) Notwithstanding the provisions of TO MULTIPLE PROGRAMS tracts, of land which are considered to paragraph (c) of this section, a 1. Revise the authority citation for be a separate operation under the terms reconstitution may be effective for the part 718 to read as follows: of this part provided further that where current year if the county committee, multiple tracts are to be treated as one with the concurrence of the State Authority: 7 U.S.C. 1373, 1374, 1375, farm, the tracts must have the same committee, determines that the purpose 1378, 1379, and 7201 et seq.; 15 U.S.C. 714a operator and must also have the same et seq; and 21 U.S.C. 889. of the request for reconstitution is not to owner, or, if not the same owner, all perpetrate a scheme or device the effect 2. Amend § 718.2 by: owners must agree to the treatment of of which is to avoid the statutes and a. Removing the definition of the multiple tracts as one farm for these regulations governing commodity ‘‘Agricultural use’’; purposes. programs impacted by this part. Further, b. Adding new definitions of however, in the event that a farm is ‘‘Agricultural use land’’ and ‘‘Common * * * * * Farmland means the sum of the subject to both paragraphs (b) and (c) ownership unit’’ in alphabetical order; agricultural use land, forest, acreage then the farm reconstitution will be c. Revising paragraphs (1)(v), (1)(vi) planted to an eligible crop acreage as effective for the current year only if the and (2)(v) and adding paragraph (1)(vii) specified in 7 CFR 1437.3 (noninsured conditions of both paragraphs are met. in the definition of ‘‘Cropland’’; and d. Revising the definitions of ‘‘Farm’’, crop disaster assistance program) and (e) Throughout this subpart, when ‘‘Farmland’’ and ‘‘Operator’’. other land on the farm. referring to combining or dividing The additions and revisions read as * * * * * acreage, such acreages will include follows: Operator means an individual, entity, production flexibility contract acres and or joint operation who is determined by any conditional production flexibility § 718.2 Definitions. the county committee, or considered by contract eligibility that may be held * * * * * the county committee, to be in general under an existing CRP contract.
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5. Amend § 718.205 by: acreages in accordance with paragraphs attributed to the tract when the a. Revising paragraph (a); (d) through (h) of this section. reconstitution is initiated. b. Revising paragraph (b)(1); to (3) If a parent farm is composed of * * * * * c. Revising paragraphs (b)(4), (c)(2), tracts, under separate ownership, each (i) (1) Allotments, quotas, and and (c)(3); separately owned tract being transferred acreages apportioned among the divided d. Redesignating paragraph (c)(4)(ii) in part shall be considered a separate tracts pursuant to paragraphs (d) as paragraph (c)(4)(iii); farm and shall be constituted separately through (h) of this section may be e. Adding a new paragraph (c)(4)(ii); from the parent farm using the rules in increased or decreased with respect to a f. Revising newly redesignated paragraphs (d) through (h) of this tract by as much as 10 percent of the paragraph (c)(4)(iii); section, as applicable, prior to allotment, quota, or acreage determined g. Revising paragraph (d)(1); under such subsections for the parent h. Revising paragraph (e); application of the provisions of this farm if: i. Redesignating paragraphs (f) paragraph. through (i) as paragraphs (g) through (j); (4) * * * * * * * * j. Adding a new paragraph (f); (ii) Where the land of the parent farm (2) Farm program payment yields k. Revising newly redesignated is subject to deed of trust, lien, or calculated for the resulting farms of a paragraph (i)(1) introductory text; and mortgage, the holder of the deed of trust, division may be increased or decreased l. Revising newly redesignated lien, or mortgage must agree to the if the county committee determines the paragraph (i)(2). division of allotments, quotas, or method used did not provide an The revisions and additions read as acreage. equitable distribution considering follows: available land, cultural operations, and (iii) Where the part of the farm from changes in the type of farming § 718.205 Rules for determining farms, which the ownership is being conducted on the farm. Any increase in allotments, quotas, and acreage when transferred was owned for a period of a farm program payment yield on a reconstitution is made by division. less than 3 years, the designation by resulting farm shall be offset by a (a) The methods for dividing farms, landowner method shall not be corresponding decrease on another allotments, quotas, and acreages in available with respect to the transfer resulting farm of the division. order of precedence, when applicable, unless the county committee determines * * * * * are estate, designation by landowner, that the primary purpose of the 6. Add a new § 718.210, to read as contribution, agricultural use, default, ownership transfer was other than to follows: cropland, and history. The proper retain or sell allotments, quotas, or method shall be determined on a crop- acreages. In the absence of such a § 718.210 OMB control numbers assigned by-crop basis. determination, and if the farm contains pursuant to the Paperwork Reduction Act. (b)(1) The estate method is the land which has been owned for less The information collection proration of allotments, quotas, and than 3 years, that part of the farm which requirements contained in this part have acreages for a parent farm among the has been owned for less than 3 years been approved by the Office of heirs in settling an estate. If the estate shall be considered as a separate farm Management and Budget (OMB) under sells a tract of land before the farm is and the allotments, quotas or acreages the provisions of 44 U.S.C. Chapter 35 divided among the heirs, the allotments, shall be assigned to that part of the farm and have been assigned OMB control quotas, and acreages for that tract shall in accordance with paragraphs (d) numbers 0560–0025. be determined by using one of the through (h) of this section. Such apportionment shall be made prior to Signed at Washington, DC, on January 19, methods provided in paragraphs (c) 2000. through (h) of this section. any designation of allotments, quotas or acreages with respect to the part of the Keith Kelly, * * * * * Administrator, Farm Service Agency. (4) If allotments, quotas, and acreages farm which has been owned for 3 years are not apportioned in accordance with or more. [FR Doc. 00–1967 Filed 2–3–00; 8:45 am] the provisions of paragraph (b)(2) or (3) * * * * * BILLING CODE 3410±05±P of this section, the allotments, quotas, (d) (1) The contribution method is the and acreages shall be divided pursuant proration of a parent farm’s allotments FEDERAL HOUSING FINANCE BOARD to paragraphs (d) through (h) of this or quotas to each tract as the tract section, as applicable. contributed to the allotments or quotas 12 CFR Parts 951 and 997 (c)(1) * * * at the time of combination. The (2) If the county committee contribution method may be used when [No. 2000±03] determines that allotments, quotas, and the provisions of paragraphs (b) and (c) RIN 3069±AA92 acreages cannot be divided in the of this section do not apply. manner designated by the owner * * * * * Determination of Appropriate Present- because of the conditions set forth in (e) The agricultural use method is the Value Factors Associated with paragraph (c)(4) of this section, the Payments Made by the Federal Home owner shall be notified and permitted to proration of the acreage to the resulting tracts in the same proportion that the Loan Banks to the Resolution Funding revise the designation so as to meet the Corporation conditions in paragraph (c)(4) of this agricultural use land for each resulting section. If the owner does not furnish a tract relates to the agricultural use land AGENCY: Federal Housing Finance revised designation of allotments, for the parent tract. This method of Board. division shall be used if the provisions quotas, and acreages within a reasonable ACTION: Proposed rule. time after such notification, or if the of paragraphs (b) and (c) of this section revised designation does not meet the do not apply. SUMMARY: The Federal Housing Finance conditions of paragraph (c)(4) of this (f) The default method is the Board (Finance Board) is proposing to section, the county committee will separation of tracts from a farm with amend its regulations by adding a new prorate the allotments, quotas, and each tract maintaining the acreage part to implement provisions of the
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Gramm-Leach-Bliley Act (Gramm- Housing Finance Board, 1777 F Street, Gramm-Leach-Bliley, Public Law 106– Leach-Bliley) related to the aggregate N.W., Washington, D.C. 20006. A 102, 113 Stat. 1338 (Nov. 12, 1999), the value of, and end date for, payments telecommunication device for deaf Banks’ obligation to pay interest on the made by the Federal Home Loan Banks persons (TDD) is available at (202) 408– REFCORP bonds would have terminated (Banks) to the Resolution Funding 2579. upon payment of the $75 million due Corporation (REFCORP). These SUPPLEMENTARY INFORMATION: for the first quarter of 2030, which payments are used to pay a portion of would have been paid on April 15, the interest owed on bonds issued by I. Statutory Background 2030, the final maturity date for the last REFCORP. Gramm-Leach-Bliley A. FIRREA REFCORP bond. changed the method of assessing the As previously noted, the Banks’ Banks for mandated annual payments to The Financial Institutions Reform, REFCORP obligation prior to the REFCORP from a fixed payment of $300 Recovery, and Enforcement Act of 1989 enactment of Gramm-Leach-Bliley was a million to a payment of 20 percent of (FIRREA), Public Law 101–73, 103 Stat. fixed dollar amount that bore no the net earnings of the Banks. Gramm- 183 (Aug. 9, 1989), established relationship to the net income of any Leach-Bliley also requires the Finance REFCORP to provide funds for the Bank. As a result, in the years that the Board to adjust the final payment date Resolution Trust Corporation (RTC). 12 Banks experience reduced income, as for the Banks’ obligation so that the U.S.C. 1441b. REFCORP was authorized occurred in the early 1990’s, each value of the actual payments made to issue up to $30 billion in debt Bank’s REFCORP obligation, as a under the new methodology will be obligations; as of September 20, 1999, percent of its income, increases equivalent to the value of a benchmark REFCORP had $29.9 billion in non- significantly. This historically has annuity, which corresponds to the callable bonds outstanding with caused the Banks to seek ways to payments that would have been made maturities ranging from October 15, generate higher earnings to meet the under the prior law. The relevant values 2019, to April 15, 2030. The RTC used statutorily mandated REFCORP and are required to be discounted to reflect the proceeds from the sale of these Affordable Housing Program 2 the time value of money, using bonds to pay the costs of liquidating obligations and to continue to pay a appropriate present-value factors failed savings associations. FIRREA dividend sufficient to retain members. selected by the Finance Board in amended the Federal Home Loan Bank The Banks’ historical solution to the consultation with the Secretary of the Act (Bank Act) to require the Banks to dilemma has been to amass large Treasury. pay $300 million annually toward the portfolios of investment securities and The proposed rule establishes a interest on those bonds if REFCORP’s generate arbitrage earnings. While this method for making the required present income from other sources specified in strategy has been profitable and has value calculations and for adjusting the the Bank Act was insufficient to pay the posed no safety and soundness threat to termination date for the Banks’ interest on the REFCORP bonds. Income the Bank System, the Finance Board, payments to REFCORP. As described from these other sources has always Congress, and the Treasury have noted more completely in the Supplementary been insufficient to pay the interest on and criticized the strategy because the Information, when 20 percent of the the REFCORP bonds, and the Banks investments do not advance the mission Banks’ quarterly net earnings exceeds or have paid $300 million annually to of the Banks, which are government falls short of a specified benchmark REFCORP. To the extent amounts sponsored enterprises with a public annuity, the excess or shortage will be available from the other statutorily purpose. The fixed-dollar nature of the ‘‘used’’ to defease or to extend the specified sources and the Banks’ $300 REFCORP obligation has been cited by Banks’ future obligations by simulating million are insufficient to pay the critics as part of the cause of the the purchase or sale of zero-coupon interest on the REFCORP bonds, the problem. Bank Act directs the United States Treasury securities. The Banks’ B. Gramm-Leach-Bliley REFCORP obligation would cease when Department of the Treasury (Treasury) Gramm-Leach-Bliley changed the their payments equal the value of the to pay to REFCORP additional amounts Banks’ REFCORP assessment from a benchmark annuity. that will be used by REFCORP to pay the interest. 12 U.S.C. 1441b(f)(2)(E). fixed-dollar $300 million annual DATES: The Finance Board will accept It has been the practice of the Banks payment to an annual payment of 20 comments on the proposed rule in to make payments to REFCORP on a percent of each Bank’s net earnings. See writing on or before March 6, 2000. quarterly basis, typically on January 15, Public Law 106–102, sec. 607, 133 Stat. ADDRESSES: Send comments to Elaine L. April 15, July 15, and October 15 of 1455–56 (amending 12 U.S.C. Baker, Secretary to the Board, by each year. These dates correspond to the 1441b(f)(2)(C)). Gramm-Leach-Bliley electronic mail at [email protected], or by dates on which REFCORP makes also contains provisions intended to regular mail to the Federal Housing coupon payments on the outstanding assure that the change in the method of Finance Board, 1777 F Street, N.W., bonds. The aggregate amount of the assessing the Banks’ REFCORP Washington, D.C. 20006. Comments will Banks’ quarterly interest payments has obligation does not increase or decrease be available for public inspection at this been $75 million, which the Banks have address. accrued during the calendar-year offset through January 1991 the Banks’ annual FOR FURTHER INFORMATION CONTACT: obligations to pay a portion of the interest on the quarter immediately preceding the REFCORP bonds. The first Bank payment used Joseph A. McKenzie, Deputy Chief payment. To date, the Banks have made exclusively to cover interest on the REFCORP bonds Economist, Office of Policy, Research, all required REFCORP interest was that made for the first quarter of 1991, which and Analysis, (202) 408–2845, payments.1 Prior to the enactment of was made on April 15, 1991. [email protected]; Austin J. Kelly, 2 The Bank Act also requires each Bank to establish an Affordable Housing Program (AHP). Senior Financial Economist, Office of 1 REFCORP was capitalized through statutorily See 12 U.S.C. 1430(j). In 1995 and subsequent years, Policy, Research, and Analysis, (202) mandated contributions from the Banks that are each Bank annually must contribute 10 percent of 408–2541, [email protected]; or Thomas held in the REFCORP principal fund. See 12 U.S.C. its preceding year’s net earnings (i.e., after E. Joseph, Attorney-Advisor, (202) 408– 1441b(g)(2). Those contributions, which the Bank REFCORP) to its AHP, subject to a Bank System- Act required to be subtracted from the Banks’ gross wide minimum contribution of $100 million. Id. 2512, [email protected]. Staff also can be annual REFCORP interest obligation, ended in The actual aggregate Bank-System AHP reached by regular mail at the Federal January 1991, and were sufficiently large so as to contribution in 1999 exceeded $190 million.
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If 20 percent of quarterly net income B. Definitions—Section 997.1. The only exception may occur for the were less than $75 million, the Section 997.1 of the proposed rule final remaining benchmark quarterly defeasance scheme would work in sets forth the definitions for a number payment if that payment is less than $75 reverse. Instead of simulating the of terms used in new part 997. million because of adjustments made purchase of zero-coupon Treasury The term ‘‘actual quarterly payment’’ under § 997.2 or § 997.3. bonds, the calculation would simulate is defined as the amounts that the Banks The terms ‘‘excess quarterly payment’’ the sale of zero-coupon bonds with a actually pay to REFCORP in accordance and ‘‘deficit quarterly payments’’ are maturity corresponding to the last non- with a calendar-year quarterly defined in the proposed rule as the defeased quarterly annuity payment or assessment equal to 20 percent of each amounts by which the payments to the first quarter thereafter if the last Bank’s quarterly net earnings. The actually assessed and made by the non-defeased annuity payment already Finance Board understands from equaled $75 million. The interest rate Banks to REFCORP either exceed or fall discussions with REFCORP that the short of the current quarterly benchmark would be the same as that for a zero- Banks will continue to make quarterly coupon Treasury bond with the same annuity, respectively. These will be the payments to REFCORP as set forth in amounts used to simulate the purchase maturity date. In effect, the Banks are the now-existing payment schedule. of the zero-coupon Treasury bonds agreeing to pay back the deficit still Specifically, quarterly payments are needed to defease future benchmark owed on the quarterly benchmark proposed to be made, as they are now, quarterly payments or used to simulate annuity at a future date, and are being on January 15, April 15, July 15, and charged interest at the zero-coupon October 15 of each year (or on the next the sale of the zero-coupon bonds which Treasury rate. business day if those dates fall on will effectively extend the term of the Because no quarterly benchmark weekends or holidays). Banks’ REFCORP obligation. annuity payment will be more than $75 The term ‘‘benchmark quarterly The term ‘‘quarterly present value million, if a payment deficit has a future payment’’ is defined as $75 million, determination’’ is defined by the value of more than $75 million (or raises which equals one-quarter’s payment on proposed rule to mean the calculation the value of a partially defeased the benchmark annuity of $300 million that will be performed under either quarterly benchmark annuity payment per year prescribed in Gramm-Leach- § 997.2 or § 997.3. More importantly, the to more than $75 million), another Bliley, or such amounts that may result definition is designed to provide the quarter will be added at the end of the from adjustments required by the method whereby the Finance Board can annuity schedule and the amount in calculations made in accordance with fulfill the requirement in Gramm-Leach- excess of $75 million will be owed in part 997. The definition, therefore, Bliley that ‘‘the [Finance] Board that newly added quarter. The interest recognizes that the value of certain annually shall determine the extent to rate for a zero-coupon Treasury benchmark quarterly payments will be which the value of the aggregate maturing in the newly added quarter adjusted in line with the calculations set amounts paid by the Federal home loan will be used to calculate the future forth in proposed §§ 997.2 and 997.3. banks exceeds or falls short of the value value of such excess amount. The result Initially, the end date for all benchmark of [the benchmark] annuity.’’ Public of these calculations would be to quarterly payments will be April 15, Law 106–102, sec. 607 113 Stat. 1456 2030, although that date will be lengthen the end date of the quarterly (amending 12 U.S.C. 1441b(f)(2)(C)(ii)). benchmark annuity payments and adjusted by the calculations made under effectively extend the Banks’ REFCORP the proposed rule. The implicit The proposed quarterly determination obligation. To the extent that the Banks assumption in the proposed rule is that reflects the longstanding practice that must make any payments beyond the the benchmark quarterly payments are the Banks pay REFCORP quarterly. final maturity date of the REFCORP due on the same date that the Banks’ More importantly, a calculation on other bonds, those payments would be made actual quarterly payments are due. than a quarterly basis, for example on an to the Treasury. By dividing the annual annuity into annual basis, would not give the Banks The Finance Board believes the quarterly payments, the annuity credit for the time value of money proposed methodology will be simple to schedule exactly corresponds to the associated with excess quarterly implement. The only information payment schedule of $75 million per payments. Conversely, an annual needed to calculate the date of the quarter that existed prior to the calculation would not charge the Banks Banks’ last REFCORP payment is enactment of Gramm-Leach-Bliley. any interest during a year for a deficit quarterly net income and the interest Using a quarterly benchmark annuity quarterly payment. The Finance Board rate on zero-coupon Treasury bonds the payment, therefore, best assures that the believes its proposal is consistent with maturities of which coincide with and Banks’ RECORP payments made under the requirements of Gramm-Leach- bracket the date of the last non-defeased Gramm-Leach-Bliley will be compared Bliley. Further, the Finance Board benchmark quarterly payment. The exactly to the payments that would have believes that making its determination Treasury’s Office of Market Finance has been made under the prior law. quarterly and at the same time when the The term ‘‘current benchmark indicated that it will provide and certify Banks make their actual REFCORP quarterly payment’’ is defined in the these rates to the Finance Board, as it payments will best serve Gramm-Leach- proposed rule as the benchmark does for a number of other agencies. The Bliley’s goal of assuring that the change Treasury uses information from market quarterly payment that corresponds to the actual quarterly payment. The in the method of assessing the Banks’ transactions when it estimates the obligation will not increase or decrease interest rates on zero-coupon Treasury current benchmark quarterly payment will almost always equal $75 million. the burden of paying interest on the bonds. REFCORP bonds either for the Banks or The Finance Board solicits comments the Treasury. The Finance Board on all aspects of the proposed in ‘‘consultation with the Secretary of the 4 Treasury.’’ Pub. L. 106–102, sec. 607,113 Stat. recognizes that, if the quarterly payment methodology. 1455–56 (amending 12 U.S.C. 1441b(f)(2)(C)(ii). schedule for the Banks’ REFCORP Finance Board staff has met with staff from OMB obligations changes, corresponding 1 Gramm-Leach-Bliley provides that the Finance and Treasury, and will provide a copy of the Board shall select appropriate present-value factors proposed rule to the Secretary of the Treasury for modifications to these rules may be for making the statutorily required determinations comment. necessary.
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C. Reduction of the Payment Term— D. Extension of the Payment Term— to perform the calculations required Section 997.2. Section 997.3 under this part. Allowing REFCORP Section 997.3 of the proposed rules both to estimate the Banks’ quarterly Section 997.2 sets forth the payment assessment and to calculate the calculation that the Finance Board sets forth the calculation that the Finance Board proposes to use to quarterly present-value determination proposes to use to determine the determine the amount by which the would also centralize the relevant amount by which the term of the Banks’ term of the Banks’ REFCORP obligation calculations in one entity, and thus REFCORP obligation will be reduced will be extended if the Banks actual facilitate the supervision and auditing of when the Banks actual quarterly quarterly payment results in a deficit the process set forth in this rule. payment results in an excess quarterly quarterly payment. The future value As proposed, § 997.4 requires the payment. Under § 997.2 of the proposed calculation under this section is Finance Board to obtain from Treasury rule, the future value of any excess proposed to be the same as the one the zero-coupon Treasury bond interest quarterly payment would be calculated described for proposed § 997.2, except rates needed to complete the using the interest rate on a zero-coupon that the amount resulting from the calculations and provide those rates to Treasury bond rate that matures on the calculation will be added to the last REFCORP. REFCORP, itself, will know date of the last outstanding benchmark outstanding partial quarterly benchmark the value of the Banks’ actual quarterly quarterly payment. The interest rate will payment. Where the last outstanding payments since REFCORP collects those be obtained from the Treasury and will quarterly benchmark payment is $75 payments from the Banks. The Finance be the spot interest rate for the relevant million, the future value of the deficit Board would maintain the official Treasury zero-coupon bond as of the quarterly payment would be applied to record of the results of the calculations. day of the Banks’ actual quarterly a new quarterly payment extending the Section 997.4 of the proposed rule also payment. The future value calculation annuity schedule. In no case would a makes clear that the Finance Board will set forth in § 997.2 of the proposed rule benchmark quarterly payment exceed perform the calculations required under is the mathematical equivalent of the $75 million. this part if the Banks’ payment calculations discussed in the The zero-coupon interest rate used in obligations extend beyond April 15, 2030 or if REFCORP is for any reason explanation in Part I above. Specifically, the proposed calculation would always unable to perform the calculations or the calculation described in the correspond to a zero-coupon Treasury bond maturing in the quarter for which make the results known to the Finance proposed rule is equivalent to Board. With respect to the date of April calculating the present value, or ‘‘cost,’’ a new benchmark quarterly payment is being adjusted upward or which is 15, 2030, REFCORP is to be dissolved of a zero-coupon Treasury bond with a being added to the annuity schedule. ‘‘as soon as practicable, after the par amount and maturity date that are Given the proposed calculation, a deficit maturity and full payment of all the same as the amount and due date for quarterly payment would always result obligations issued by [it],’’ 12 U.S.C. the last non-defeased benchmark in removing from the benchmark 1441b(j), which occurs on April 15, quarterly payment. annuity schedule the current benchmark 2030, when the last REFCORP bond The applicable interest rate would quarterly payment but adding amounts matures, and this contingency provision always be for a zero-coupon Treasury to the last outstanding benchmark has been included in case the term of bond maturing on the due date of the quarterly payment or adding new the Banks’ payment obligation has been benchmark quarterly payment that is benchmark quarterly payments to the extended beyond that date. affected by the defeasance calculation. schedule. The proposed rule makes F. Termination of the Obligation— Therefore, where an excess quarterly clear that the Finance Board would act Section 997.5. payment is sufficiently large so that on its authority to extend the Banks more than one benchmark quarterly REFCORP payment obligation beyond Section 997.5 of the proposed rules payment can be defeased, additional April 15, 2030, if required to do so establishes a method for determining calculations would be made with based upon the calculations made under when the Banks’ obligation to pay REFCORP will terminate. Gramm- respect to the future value amount this section. See Public Law 106–102, Leach-Bliley provides that the Finance remaining after the last outstanding sec. 607, 113 Stat. 1455–56 (amending 12 U.S.C. 1441b(f)(2)(C)(iii) and (iv)). Board must extend or shorten the Banks’ benchmark quarterly payment has been payment obligation to REFCORP until defeased. First, the future value E. Calculation of the Quarterly Present- such time as ‘‘the value of all payments calculation for this residual amount Value Determination—Section 997.4 made by the Banks is equivalent to the would be reversed. Then, a new future Section 997.4 of the proposed rule is value of [the benchmark] annuity value for the resulting residual excess based upon the assumption that [described therein].’’ Public Law 106– quarterly payment would be calculated REFCORP will make the calculations 102, sec. 607, 113 Stat. 1455–56 using the interest rate for a zero-coupon required under §§ 997.2 and 997.3, and (amending 12 U.S.C. 1441b(f)(2)(C)(iii)). Treasury bond maturing in the quarter provide the results of the calculations to This will occur when the actual immediately prior to the one for which the Finance Board. The Finance Board quarterly payment, after performing any the benchmark quarterly payment had understands that REFCORP is willing calculation required by proposed just been defeased. and able to perform this task. Moreover, § 997.2, equals the last outstanding Given the proposed calculation, an the Finance Board believes that quarterly benchmark payment(s). It excess quarterly payment would always REFCORP is the best entity to calculate should be noted that if the sole result in removing from the benchmark the quarterly present-value remaining outstanding quarterly annuity schedule both the current determination. A REFCORP model is benchmark payment is less than $75 benchmark quarterly payment and all or currently used both to assess the Banks’ million because of adjustments made actual quarterly payments and to under proposed §§ 997.2 and 997.3, the part of the most-distant, outstanding calculate the Banks’ required AHP Banks will terminate their obligation as quarterly benchmark payment(s) still payments. It would be relatively simple long as 20 percent of net earnings at remaining on the schedule. to adjust the existing REFCORP model least equals that outstanding amount,
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Comments Invited classified the ECD SB as mandatory and Flexibility Act. A copy of the draft Interested persons are invited to issued AD No. 1999–302, dated regulatory evaluation prepared for this participate in the making of the September 23, 1999, to ensure the action is contained in the Rules Docket. proposed rule by submitting such continued airworthiness of these A copy of it may be obtained by written data, views, or arguments as helicopters in the Federal Republic of contacting the Rules Docket at the Germany. they may desire. Communications location provided under the caption These helicopter models are should identify the Rules Docket ADDRESSES. manufactured in the Federal Republic of number and be submitted in triplicate to Germany and are type certificated for List of Subjects in 14 CFR Part 39 the address specified above. All operation in the United States under the Air transportation, Aircraft, Aviation communications received on or before provisions of section 21.29 of the safety, Safety. the closing date for comments, specified Federal Aviation Regulations (14 CFR above, will be considered before taking 21.29) and the applicable bilateral The Proposed Amendment action on the proposed rule. The airworthiness agreement. Pursuant to Accordingly, pursuant to the proposals contained in this notice may this bilateral airworthiness agreement, authority delegated to me by the be changed in light of the comments the Federal Republic of Germany has Administrator, the Federal Aviation received. kept the FAA informed of the situation Administration proposes to amend part Comments are specifically invited on described above. The FAA has 39 of the Federal Aviation Regulations the overall regulatory, economic, examined the findings of the Federal (14 CFR part 39) as follows: environmental, and energy aspects of Republic of Germany, reviewed all the proposed rule. All comments available information, and determined PART 39ÐAIRWORTHINESS submitted will be available, both before that AD action is necessary for products DIRECTIVES and after the closing date for comments, of this type design that are certificated in the Rules Docket for examination by for operation in the United States. 1. The authority citation for part 39 interested persons. A report Since an unsafe condition has been continues to read as follows: summarizing each FAA-public contact identified that is likely to exist or Authority: 49 U.S.C. 106(g), 40113, 44701. concerned with the substance of this develop on other ECD Model MBB–BK proposal will be filed in the Rules 117 A–1, A–3, A–4, B–1, B–2, and C– § 39.13 [Amended] Docket. 1 of the same type designs registered in 2. Section 39.13 is amended by Commenters wishing the FAA to the United States, the proposed AD adding a new airworthiness directive to acknowledge receipt of their comments would require modifying the cowling read as follows: submitted in response to this notice doors to prevent the cowling doors from Eurocopter Deutschland GMBH: Docket No. must submit a self-addressed, stamped opening during flight. The actions 99–SW–73–AD. postcard on which the following would be required to be accomplished Applicability: Model MBB–BK 117 A–1, A– statement is made: ‘‘Comments to in accordance with the SB described 3, A–4, B–1, B–2, and C–1 helicopters, serial Docket No. 99–SW–73–AD.’’ The previously. numbers 7001 through 7253 and 7500 postcard will be date stamped and The FAA estimates that 140 through 7523, with transmission door returned to the commenter. helicopters of U.S. registry would be cowling, left hand, part number (P/N) 117– affected by this proposed AD, that it 23206–51 or 117–233731, right hand, P/N Availability of NPRMs would take approximately 28 work 117–23206–52 or 117–233741, and engine Any person may obtain a copy of this hours per helicopter to accomplish the door cowling left hand, P/N 117–23303–51 or NPRM by submitting a request to the 117–23303–53, right hand, P/N 117–23303– proposed actions, and that the average 52 or 117–23303–54, installed, certificated in FAA, Office of the Regional Counsel, labor rate is $60 per work hour. any category. Southwest Region, Attention: Rules Required parts would cost Docket No. 99–SW–73–AD, 2601 approximately $1620 per helicopter. Note 1: This AD applies to each helicopter Meacham Blvd., Room 663, Fort Worth, Based on these figures, the total cost identified in the preceding applicability provision, regardless of whether it has been Texas 76137. impact of the proposed AD on U.S. otherwise modified, altered, or repaired in Discussion operators is estimated to be $462,000. the area subject to the requirements of this The regulations proposed herein AD. For helicopters that have been modified, Luftfahrt-Bundesamt (LBA), the would not have a substantial direct altered, or repaired so that the performance airworthiness authority for the Federal effect on the States, on the relationship of the requirements of this AD is affected, the Republic of Germany, notified the FAA between the national Government and owner/operator must request approval for an that an unsafe condition may exist on the States, or on the distribution of alternative method of compliance in ECD Model MBB–BK 117 A–1, A–3, A– power and responsibilities among the accordance with paragraph (b) of this AD. 4, B–1, B–2, and C–1 helicopters. The various levels of government. Therefore, The request should include an assessment of LBA advises that the cowling doors the effect of the modification, alteration, or it is determined that this proposal repair on the unsafe condition addressed by should be modified to install a hook on would not have federalism implications this AD; and if the unsafe condition has not each cowling door and install the under Executive Order 13132. been eliminated, the request should include respective hook retainers on the engine For the reasons discussed above, I specific proposed actions to address it. floor and on the transmission floor. certify that this proposed regulation (1) ECD has issued Service Bulletin No. is not a ‘‘significant regulatory action’’ Compliance: Required within 6 calendar months, unless accomplished previously. MBB–BK 117–20–109, Revision 2, dated under Executive Order 12866; (2) is not April 30, 1999 (SB), which specifies a ‘‘significant rule’’ under the DOT To prevent the engine and transmission modifying the cowling doors by Regulatory Policies and Procedures (44 cowling doors (cowling doors) opening during flight, separating from the helicopter installing a hook on each cowling door FR 11034, February 26, 1979); and (3) if and impacting the main or tail rotor blades, and installing the respective hook promulgated, will not have a significant and subsequent loss of control of the retainers on the engine and transmission economic impact, positive or negative, helicopter, accomplish the following: floor to prevent cowling doors opening on a substantial number of small entities (a) Modify the cowling doors in accordance fully during flight. The LBA has under the criteria of the Regulatory with paragraph 2.B., Work Procedure, and
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2.C., Conclusions, of Eurocopter Deutschland into the MLG wheel well, and freezing. submitted in response to this notice GMBH Service Bulletin SB–MBB–BK 117– The actions specified by the proposed must submit a self-addressed, stamped 20–109, Revision 2, dated April 30, 1999 AD are intended to prevent such ice postcard on which the following (SB). accumulation, which could render one statement is made: ‘‘Comments to Note 2: Adjustment and functional testing of the aileron control systems and/or the Docket Number 99–NM–374–AD.’’ The of the hook system in accordance with MLG doors inoperative, resulting in postcard will be date stamped and paragraph 2.B.8 of the SB is critical after reduced controllability of the airplane. returned to the commenter. installation. DATES: Comments must be received by Availability of NPRMs (b) An alternative method of compliance or March 20, 2000. adjustment of the compliance time that Any person may obtain a copy of this ADDRESSES: Submit comments in provides an acceptable level of safety may be NPRM by submitting a request to the triplicate to the Federal Aviation used if approved by the Manager, Regulations FAA, Transport Airplane Directorate, Administration (FAA), Transport Group, Rotorcraft Directorate, FAA. ANM–114, Attention: Rules Docket No. Operators shall submit their requests through Airplane Directorate, ANM–114, 99–NM–374–AD, 1601 Lind Avenue, an FAA Principal Maintenance Inspector, Attention: Rules Docket No. 99–NM– SW., Renton, Washington 98055–4056. who may concur or comment and then send 374–AD, 1601 Lind Avenue, SW., it to the Manager, Regulations Group. Renton, Washington 98055–4056. Discussion Note 3: Information concerning the Comments may be inspected at this The FAA has received several reports existence of approved alternative methods of location between 9:00 a.m. and 3:00 indicating ice accumulation on the compliance with this AD, if any, may be p.m., Monday through Friday, except obtained from the Regulations Group. aileron control cables in the wheel well Federal holidays. of the main landing gear (MLG) during (c) Special flight permits may be issued in The service information referenced in flight on certain Model 767 series accordance with §§ 21.197 and 21.199 of the the proposed rule may be obtained from airplanes. The ice build-up was Federal Aviation Regulations (14 CFR 21.197 Boeing Commercial Airplane Group, and 21.199) to operate the helicopter to a attributed to fluid from the sloping P.O. Box 3707, Seattle, Washington pressure deck leaking into the wheel location where the requirements of this AD 98124–2207. can be accomplished. well and freezing. One operator reported This information may be examined at a large volume of fluid had leaked into Note 4: The subject of this AD is addressed the FAA, Transport Airplane the canted pressure deck area and ice in Luftfahrt-Bundesamt (the Federal Republic Directorate, 1601 Lind Avenue, SW., had accumulated on the MLG door and of Germany) AD No. 1999–302, dated Renton, Washington. September 23, 1999. door seal inside and outside the MLG FOR FURTHER INFORMATION CONTACT: wheel well. The ice caused the MLG Issued in Fort Worth, Texas, on January 26, James G. Rehrl, Aerospace Engineer, door to jam and prevented extension of 2000. Airframe Branch, ANM–120S, FAA, the MLG. Investigation revealed that Henry A. Armstrong, Transport Airplane Directorate, Seattle fluid entered the canted pressure deck Manager, Rotorcraft Directorate, Aircraft Aircraft Certification Office, 1601 Lind area through the sloping pressure deck Certification Service. Avenue, SW., Renton, Washington seals and subsequently leaked into the [FR Doc. 00–2402 Filed 2–3–00; 8:45 am] 98055–4056; telephone (425) 227–2783; wheel well and solidified. Such ice BILLING CODE 4910±13±U fax (425) 227–1181. accumulation could render one of the SUPPLEMENTARY INFORMATION: aileron control systems and/or the MLG Comments Invited doors inoperative, resulting in reduced DEPARTMENT OF TRANSPORTATION controllability of the airplane. Interested persons are invited to Federal Aviation Administration participate in the making of the Explanation of Relevant Service proposed rule by submitting such Information 14 CFR Part 39 written data, views, or arguments as The FAA has reviewed and approved [Docket No. 99±NM±374±AD] they may desire. Communications shall Boeing Service Bulletin 767–51A0020, identify the Rules Docket number and Revision 1, dated July 22, 1999, which RIN 2120±AA64 be submitted in triplicate to the address describes procedures for modification of specified above. All communications the canted pressure deck drain system Airworthiness Directives; Boeing received on or before the closing date Model 767 Series Airplanes in the wheel well of the MLG. The for comments, specified above, will be modification includes, among other AGENCY: Federal Aviation considered before taking action on the things, installation of canisters on the Administration, DOT. proposed rule. The proposals contained outboard pressure activated drain lines, ACTION: Notice of proposed rulemaking in this notice may be changed in light re-routing of the existing drain lines, (NPRM). of the comments received. and installation of larger diameter drain Comments are specifically invited on lines to drain the water out through the SUMMARY: This document proposes the the overall regulatory, economic, underwing fairing thermal panel into adoption of a new airworthiness environmental, and energy aspects of the hot air stream from the ram outlets. directive (AD) that is applicable to the proposed rule. All comments Accomplishment of the actions certain Boeing Model 767 series submitted will be available, both before specified in the service bulletin airplanes. This proposal would require and after the closing date for comments, described previously is intended to modification of the canted pressure in the Rules Docket for examination by adequately address the identified unsafe deck drain system in the wheel well of interested persons. A report condition. the main landing gear (MLG). This summarizing each FAA-public contact proposal is prompted by reports of ice concerned with the substance of this Explanation of Requirements of accumulation on the aileron control proposal will be filed in the Rules Proposed Rule cables and on the MLG door and door Docket. Since an unsafe condition has been seal, during flight, due to fluid entering Commenters wishing the FAA to identified that is likely to exist or the canted pressure deck area, leaking acknowledge receipt of their comments develop on other products of this same
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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: the evaluation indicated that, in the Larry Reising, Aerospace Engineer, event of thrust reverser deployment Federal Aviation Administration Propulsion Branch, ANM–140S, FAA, during high-speed climb using high Transport Airplane Directorate, Seattle engine power, these airplanes also could 14 CFR Part 39 Aircraft Certification Office, 1601 Lind experience control problems. This Avenue, SW., Renton, Washington condition, if not corrected, could result [Docket No. 99±NM±65±AD] 98055–4056; telephone (425) 227–2683; in possible failure modes in the thrust fax (425) 227–1181. reverser control system, inadvertent RIN 2120±AA64 SUPPLEMENTARY INFORMATION: deployment of a thrust reverser during flight, and consequent reduced Airworthiness Directives; Boeing Comments Invited Model 747 Series Airplanes Equipped controllability of the airplane. With Pratt & Whitney JT9D±70 Series Interested persons are invited to The FAA has prioritized the issuance Engines participate in the making of the of AD’s for corrective actions for the proposed rule by submitting such thrust reverser system on Boeing AGENCY: Federal Aviation written data, views, or arguments as airplane models following the 1991 Administration, DOT. they may desire. Communications shall accident. Based on service experience, ACTION: Notice of proposed rulemaking identify the Rules Docket number and analyses, and flight simulator studies, it (NPRM). be submitted in triplicate to the address was determined that an in-flight specified above. All communications deployment of a thrust reverser has SUMMARY: This document proposes the received on or before the closing date more effect on controllability of twin- adoption of a new airworthiness for comments, specified above, will be engine airplane models than of Model directive (AD) that is applicable to considered before taking action on the 747 series airplanes, which have four certain Boeing Model 747 series proposed rule. The proposals contained engines. For this reason, the highest airplanes. This proposal would require in this notice may be changed in light priority was given to rulemaking that inspections, tests, and certain of the comments received. required corrective actions for the twin- modifications of the thrust reverser Comments are specifically invited on engine airplane models. AD’s correcting control and indication system and the overall regulatory, economic, the same type of unsafe condition wiring on each engine, and corrective environmental, and energy aspects of addressed by this AD have been action, if necessary. the proposed rule. All comments previously issued for specific airplanes This proposal also would require submitted will be available, both before within the Boeing Model 737, 757 and installation of a terminating and after the closing date for comments, 767 series. modification, and repetitive functional in the Rules Docket for examination by Service experience has shown that in- tests of that installation to detect interested persons. A report flight thrust reverser deployments have discrepancies, and repair, if necessary. summarizing each FAA-public contact occurred on Model 747 airplanes during This proposal is prompted by the results concerned with the substance of this certain flight conditions with no of a safety review, which revealed that proposal will be filed in the Rules significant airplane controllability in-flight deployment of a thrust reverser Docket. problems being reported. However, the could result in significant reduction in Commenters wishing the FAA to manufacturer has been unable to airplane controllability. The actions acknowledge receipt of their comments establish that acceptable airplane specified by the proposed AD are submitted in response to this notice controllability would be achieved intended to ensure the integrity of the must submit a self-addressed, stamped following these deployments throughout fail-safe features of the thrust reverser postcard on which the following the operating envelope of the airplane. system by preventing possible failure statement is made: ‘‘Comments to Additionally, safety analyses performed modes, which could result in Docket Number 99–NM–65–AD.’’ The by the manufacturer and reviewed by inadvertent deployment of a thrust postcard will be date stamped and the FAA, has been unable to establish reverser during flight, and consequent returned to the commenter. that the risks for uncommanded thrust reverser deployment during critical reduced controllability of the airplane. Availability of NPRMs flight conditions is acceptably low. DATES: Comments must be received by Any person may obtain a copy of this March 20, 2000. NPRM by submitting a request to the Explanation of Relevant Service ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, Information triplicate to the Federal Aviation ANM–114, Attention: Rules Docket No. The FAA has reviewed and approved Administration (FAA), Transport 99–NM–65–AD, 1601 Lind Avenue, the following Boeing Service Bulletins: Airplane Directorate, ANM–114, SW., Renton, Washington 98055–4056. • 747–78A2159, dated May 18, 1995, Attention: Rules Docket No. 99–NM– which describes procedures for 65–AD, 1601 Lind Avenue, SW., Discussion repetitive inspections and tests of the Renton, Washington 98055–4056. On May 26, 1991, a Boeing Model thrust reverser control and indication Comments may be inspected at this 767–300ER series airplane was involved system to detect discrepancies, and location between 9:00 a.m. and 3:00 in an accident as a result of an corrective action, if necessary. The p.m., Monday through Friday, except uncommanded in-flight deployment of a corrective action includes, among other Federal holidays. thrust reverser. Following that accident, things, repair or replacement of any The service information referenced in a study was conducted to evaluate the discrepant parts with new parts. the proposed rule may be obtained from potential effects of an uncommanded • 747–78–2153, Revision 1, dated Boeing Commercial Airplane Group, thrust reverser deployment throughout November 27, 1996, which describes P.O. Box 3707, Seattle, Washington the flight regime of the Boeing Model procedures for installation of an 98124–2207. This information may be 747 series airplane. The study included additional locking system on the thrust examined at the FAA, Transport a re-evaluation of the thrust reverser reversers. This service bulletin Airplane Directorate, 1601 Lind control system fault analysis and references the following service Avenue, SW., Renton, Washington. airplane controllability. The results of bulletins:
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1. Boeing Service Bulletin 747–78– action, if necessary; and eventual It would take approximately 32 work 2135, dated August 31, 1995, which modification of the wiring. This hours (8 work hours per engine) per describes procedures for the installation proposal also would require installation airplane, to accomplish the proposed of provisional wiring for an additional of a terminating modification and thrust reverser inspection, modification, thrust reverser locking device. repetitive functional tests of that and test, described in 747–78A2149, 2. Boeing Service Bulletin 747– installation to detect discrepancies, and Revision 1, or Revision 2, at an average 78A2149, Revision 1, dated May 9, repair, if necessary. The actions would labor rate of $60 per work hour. Based 1996, and Revision 2, dated August 29, be required to be accomplished in on these figures, the cost impact of the 1996, which describe procedures for accordance with the service bulletins proposed AD on U.S. operators is inspection of the thrust reverser control described previously, except as estimated to be $11,520, or $1,920 per system wiring to detect damaged wires; discussed below. airplane. modification of certain wiring, and an Repetitive functional tests to detect It would take approximately 8 work operational test of the thrust reverser. discrepancies of the actuation system hours (2 work hours per engine) per This service bulletin references Boeing lock on each thrust reverser would be airplane, to accomplish the proposed Standard Wiring Practices Manual, required to be accomplished in 1,000-flight-hour inspections described which describes procedures for repair or accordance with the procedure included in Boeing Service Bulletin 747– replacement of certain wire bundles, if in Appendix 1 of this AD. Correction of 78A2159, at an average labor rate of $60 necessary. any discrepancy detected would be per work hour. Based on these figures, 3. Rohr Service Bulletin TBC–CNS required to be accomplished in the cost impact of the inspection 78–33, Revision 1, dated August 20, accordance with the procedures proposed by this AD on U.S. operators 1996, which describes additional described in the Boeing 747 Airplane is estimated to be $2,880, or $480 per procedures for installation of an Maintenance Manual. airplane, per inspection cycle. additional locking system on the thrust It would take approximately 20 work Differences Between Service Bulletin reversers. hours (5 work hours per engine) per Accomplishment of Boeing Service and This Proposed AD airplane, to accomplish the proposed Bulletin 747–78–2153, Revision 1, Operators should note that, although 18-month thrust reverser system checks requires prior or concurrent Boeing Service Bulletin 747–78–2153, described in Boeing Service Bulletin accomplishment of Boeing Service Revision 1, does not recommend a 747–78A2159, at an average labor rate of Bulletins 747–78–2135 and 747– specific compliance time for $60 per work hour. Based on these 78A2149, Revision 1 or Revision 2; and accomplishment of the actuation system figures, the cost impact of the test concurrent accomplishment of Rohr lock installation, the FAA has proposed by this AD on U.S. operators Service Bulletin TBC–CNS 78–33, determined that an unspecified is estimated to be $7,200, or $1,200 per Revision 1. Accomplishment of these compliance time would not address the airplane, per test cycle. actions would eliminate the need for identified unsafe condition in a timely It would take approximately 544 work certain repetitive inspections and tests. The FAA also has reviewed and manner. In developing an appropriate hours per airplane, to accomplish the approved Rohr Service Bulletin TBC– compliance time for this AD, the FAA proposed provisional wiring, at an CNS 78–32, Revision 1, dated August considered not only the manufacturer’s average labor rate of $60 per work hour. 20, 1996, which describes procedures recommendation, but the degree of Required parts would be provided by for modification of the thrust reverser urgency associated with addressing the the manufacturer at no cost to the control system wiring concurrent with subject unsafe condition, the average operators. Based on these figures, the accomplishment of Boeing Service utilization of the affected fleet, and the cost impact of the proposed AD on U.S. Bulletin 747–78A2149, Revision 1 or time necessary to perform the operators is estimated to be $195,840, or Revision 2. installation. In light of all of these $32,640 per airplane. The modification procedures factors, the FAA finds a 36-month It would take approximately 593 work described by Boeing Service Bulletins compliance time for completing the hours per airplane, to accomplish the 747–78–2153, and 747–78–2135 were required actions to be warranted, in that proposed sync lock installation, at an previously validated by the it represents an appropriate interval of average labor rate of $60 per work hour. manufacturer, and the necessary time allowable for affected airplanes to Required parts would be provided by changes have been incorporated into the continue to operate without the manufacturer at no cost to the latest revisions of the service bulletins. compromising safety. operators. Based on these figures, the The FAA has determined that the Operators also should note that, cost impact of the installation proposed procedures specified in Boeing Service although the service bulletin does not by this AD on U.S. operators is Bulletins 747–78–2153, Revision 1, and specify repetitive functional testing of estimated to be $213,480, or $35,580 per 747–78–2135, as well as the other the actuation system lock installation airplane. service bulletins referenced in this following accomplishment of that It would take approximately 4 work proposed AD, have been effectively installation, the FAA has determined hours per airplane, to accomplish the validated and therefore proposes that that repetitive functional tests of the proposed functional test of the this modification be required. actuation system lock on each thrust additional locking system, at an average reverser will support continued labor rate of $60 per work hour. Based Explanation of Requirements of operational safety of thrust reversers on these figures, the cost impact of the Proposed Rule with actuation system locks. test proposed by this AD on U.S. Since an unsafe condition has been operators is estimated to be $1,680, or Cost Impact identified that is likely to exist or $240 per airplane, per test cycle. develop on other products of this same There are approximately 7 Model 747 The cost impact figures discussed type design, this proposed AD would series airplanes of the affected design in above are based on assumptions that no require inspection of the thrust reverser the worldwide fleet. The FAA estimates operator has yet accomplished any of control and indication system and that 6 airplanes of U.S. registry would the proposed requirements of this AD wiring on each engine, and corrective be affected by this proposed AD. action, and that no operator would
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Note 2: Information concerning the (4) Depress drive unit latch operating arm (15) Rotate actuator gearshaft to fully stow existence of approved alternative methods of and retain by engaging latch arm (detail the sleeves. compliance with this AD, if any, may be C). (16) When translating sleeves reach stowed obtained from the Seattle ACO. (5) Disengage stow latch hook on left and position, check that stow latch hooks right thrust reversers (detail D). have engaged fixed hooks on both sides Special Flight Permit (6) On either lower slave actuator (detail B), (detail D). (h) Special flight permits may be issued in either remove coverplate from forward (17) Depress latch operating arm and accordance with sections 21.197 and 21.199 drive pad or remove locking plug from disengage latch arm (detail C); allow of the Federal Aviation Regulations (14 CFR lower drive pad. latch arm to raise. 21.197 and 21.199) to operate the airplane to (7) Move left-hand sync-lock lever to the (18) After releasing arm, verify latch a location where the requirements of this AD unlocked position. engagement by attempting to rotate can be accomplished. (8) Using appropriate drive adapter feedback gear on drive unit using 1/4- Appendix 1 (196K8004–1 at forward drive pad or inch square drive; gear shall not rotate in 196K8004–3 at lower drive pad), attempt excess of 0.1 of a turn. Thrust Reverser Sync-Lock Integrity Test to manually deploy sleeves. CAUTION: DO NOT APPLY A TORQUE 1. General CAUTION: DO NOT APPLY A TORQUE LOAD OF MORE THAN 25 POUND-INCHES ON FEEDBACK GEAR; A GREATER A. Equipment and Materials LOAD OF MORE THAN 75 TORQUE LOAD CAN CAUSE DAMAGE TO (1) Thrust reverser flex drive adapter— POUND-INCHES TO THE THE MECHANISM. 196K8004–1 or 196K8004–3; Rohr ACTUATOR; A GREATER TORQUE (19) As applicable, install locking plug (with Industries, Inc., Chula Vista, California LOAD CAN CAUSE DAMAGE TO THE square section facing away from drive 92012. MECHANISM. pad) or coverplate on actuator drive pad. 2. Thrust Reverser Sync-Lock Integrity Test (9) If sleeves move, replace the right-hand Secure plug or plate with bolts tightened B. Prepare for the Thrust Reverser Sync Lock sync-lock. to 50–70 pound-inches. Test (10) Move left-hand sync-lock lever to the (20) Move both left-and right-hand sync-lock levers to the locked position. (1) Open applicable T/R CONT & BLEED SYS locked position. (21) Close fan cowl doors (Ref 71–11–02, circuit breaker on P12 circuit breaker (11) Move right-hand sync-lock lever to the Maintenance Practices). panel. unlocked position. (22) Close T/R CONT & BLEED SYS circuit (2) Open fan cowl doors (Ref 71–11–02, (12) Repeat step (8) above. breaker. Maintenance Practices). (13) If sleeves move, replace the left-hand (23) Repeat the sync-lock integrity test on all (3) Check that forward and aft sync-lock. remaining thrust reversers. circumferential latches and all tension (14) Move left-hand sync-lock lever to the latches are engaged and locked. unlocked position. BILLING CODE 4910±13±P
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Issued in Renton, Washington, on January ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: 28, 2000. AGENCY Roger Kohn, Permits Office (AIR–3), Air Donald L. Riggin, Division, U.S. Environmental Protection Acting Manager Transport Airplane 40 CFR Part 52 Agency, Region 9, 75 Hawthorne Street, Directorate, Aircraft Certification Service. [CA236±0204b; FRL±6533±7] San Francisco, CA 94105–3901, [FR Doc. 00–2415 Filed 2–3–00; 8:45 am] Telephone: (415) 744–1238). BILLING CODE 4910±13±C Approval and Promulgation of State SUPPLEMENTARY INFORMATION: This Implementation Plans; California State document concerns Monterey Bay Implementation Plan Revision, Unified Air Pollution Control District Monterey Bay Unified Air Pollution Rule 207, Review of New or Modified DEPARTMENT OF AGRICULTURE Control District Sources, submitted to EPA on October 29, 1999 by the California Air Resources Forest Service AGENCY: Environmental Protection Board. For further information, please Agency (EPA). 36 CFR Parts 217 and 219 see the information provided in the ACTION: Proposed rule. direct final action that is located in the National Forest System Land and SUMMARY: EPA is proposing revisions to rules section of this Federal Register. Resource Management Planning the California State Implementation Dated: January 21, 2000. Plan (SIP) which concern an emission Laura Yoshii, AGENCY: Forest Service, USDA. offsets exemption for pollution control Acting Regional Administrator, Region IX. ACTION: Proposed rule; extension of projects that are mandated by District, [FR Doc. 00–2471 Filed 2–3–00; 8:45 am] public comment period. state, or federal regulation. BILLING CODE 6560±50±P The intended effect of this action is to SUMMARY: On October 5, 1999, the regulate emissions from stationary Forest Service published a proposed sources of air pollution subject to rule to guide land and resource ENVIRONMENTAL PROTECTION District new source review (NSR) AGENCY management planning on national regulation in accordance with the forests and grasslands (64 FR 54074). requirements of the Clean Air Act, as 40 CFR Part 52 The agency extended the public amended in 1990 (CAA or the Act). In comment period for this proposed rule, the Final Rules section of this Federal [CA 105±0201 FRL±6532±9] which is scheduled to end on February Register, the EPA is approving the 3, 2000 (64 FR 70204). In response to Approval and Promulgation of state’s SIP submittal as a direct final Implementation Plans; California State Congressional requests and the need to rule without prior proposal because the provide the public more time to review Implementation Plan Revision; Kern Agency views this as a noncontroversial County Air Pollution Control District and evaluate the proposed regulations, revision and anticipates no adverse the Forest Service is extending the comments. A detailed rationale for this AGENCY: Environmental Protection public comment period until February approval is set forth in the direct final Agency (EPA). 10, 2000. rule. If no adverse comments are ACTION: Proposed rule. DATES: Comments must be submitted in received, no further activity is writing and must be received by contemplated. If EPA receives adverse SUMMARY: EPA is proposing to approve February 10, 2000. comments, the direct final rule will be a revision to the California State ADDRESSES: Send written comments on withdrawn and all public comments Implementation Plan (SIP) for ozone. the proposed planning rule to the received will be addressed in a The revision concerns the control of CAET-USDA Team, Attn. Planning subsequent final rule based on this oxides of nitrogen (NOX) for the Kern Rule, Forest Service, USDA, 200 East proposed rule. The EPA will not County Air Pollution Control District Broadway, Room 103, Post Office Box institute a second comment period. Any (KCAPCD). The revision concerns 7669, Missoula, MT 59807; or via email parties interested in commenting should KCAPCD Rule 425.1 for the control of to planreg/[email protected]; or via do so at this time. oxides of nitrogen (NOX) emissions from hot mix asphalt paving plants. The facsimile to (406) 329–3021. DATES: Written comments must be intended effect of proposing approval of Comments, including names and received by March 6, 2000. this rule is to regulate emissions of addresses when provided, are subject to ADDRESSES: Comments should be public inspection and copying. The (NOX) in accordance with the addressed to: Roger Kohn, Permits requirements of the Clean Air Act, as public may inspect comments received Office (AIR–3), Air Division, U.S. on this proposed rule in the Office of amended in 1990 (CAA or the Act). Environmental Protection Agency, EPA’s final action on this proposed rule Deputy Chief, National Forest Systems, Region IX, 75 Hawthorne Street, San Third Floor, Southwest Wing, Yates will incorporate this rule into the Francisco, CA 94105–3901. Federally approved SIP. EPA has Building, 14th and Independence Ave., Copies of the rule revisions and EPA’s evaluated this rule and is proposing to SW, Washington, DC between the hours evaluation report of each rule are approve it under provisions of the CAA of 8:30 AM and 4:00 PM. available for public inspection at EPA’s regarding EPA actions on SIP FOR FURTHER INFORMATION CONTACT: Bob Region 9 office during normal business submittals, SIPs for national primary Cunningham, Ecosystem Management hours. Copies of the submitted rule and secondary ambient air quality Coordination Staff, telephone: (202) revisions are also available for standards (NAAQS), and plan 205–7820. inspection at the following locations: requirements for nonattainment areas. Dated: February 1, 2000. California Air Resources Board, Stationary DATES: Comments must be received on Barbara C. Weber, Source Division, Rule Evaluation Section, or before March 6, 2000. 2020 ‘‘L’’ Street, Sacramento, CA 95812. Acting Associate Chief for Natural Resources. Monterey Bay Unified Air Pollution ADDRESSES: Comments may be mailed [FR Doc. 00–2597 Field 2–3–00; 8:45 am] Control District, 24580 Silver Cloud Court, to: Andrew Steckel, Rulemaking Office, BILLING CODE 3410±11±M Monterey CA 93940. AIR–4, Air Division, U.S.
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Environmental Protection Agency, areas. KCAPCD is classified as serious; 1 requirements, which forms the basis for Region IX, 75 Hawthorne Street, San therefore this area is subject to the today’s action, appears in the NOX Francisco, CA 94105–3901. RACT requirements of section 182(b)(2) Supplement (57 FR 55620) and various Copies of the rule and EPA’s and the November 15, 1992 deadline other EPA policy guidance documents.3 evaluation report of the rule is available cited below. For the purpose of assisting State and for public inspection at EPA’s Region IX Section 182(b)(2) requires submittal of local agencies in developing NOX RACT office during normal business hours. RACT rules for major stationary sources rules, EPA prepared the NOX Copies of the submitted rule are also of VOC (and NOX) emissions (not Supplement to the General Preamble. In available for inspection at the following covered by a pre-enactment control the NOX Supplement, EPA provides locations: technologies guidelines (CTG) preliminary guidance on how RACT Environmental Protection Agency, Air document or a post-enactment CTG will be determined for stationary Docket (6102) 401 ‘‘M’’, Street, SW, document) by November 15, 1992. sources of NOX emissions. While most Washington, DC 20460 There were no NOX CTGs issued before of the guidance issued by EPA on what California Air Resources Board, enactment and EPA has not issued a constitutes RACT for stationary sources Stationary Source Division, Rule CTG document for any NOX sources has been directed towards application Evaluation Section, 2020 ‘L’ Street, since enactment of the CAA. The RACT for VOC sources, much of the guidance Sacramento, CA 95812 rule covering NOX sources and is also applicable to RACT for stationary Kern County Air Pollution Control submitted as a SIP revision requires sources for NOX (see section 4.5 of the District, 2700 ‘‘M’’ Street, Suite 302, final installation of the actual NOX NOX Supplement). In addition, pursuant Bakersfield, CA 93301 controls as expeditiously as practicable, to section 183(c), EPA is issuing but no later than May 31, 1995. FOR FURTHER INFORMATION CONTACT: Ed alternative control technique documents This document addresses EPA’s Addison, Rulemaking Office, AIR–4, Air (ACTs), that identify alternative controls proposed action for Kern County Air Division, U.S. Environmental Protection for all categories of stationary sources of Pollution Control District (KCAPCD) Agency, Region IX, 75 Hawthorne NOX. The ACT documents will provide Rule 425.1, Hot Mix Asphalt Paving Street, San Francisco, CA 94105–3901, information on control technology for Plants (Oxides of Nitrogen), adopted by Telephone: (415) 744–1160. stationary sources that emit or have the the KCAPCD on October 13, 1994. The potential to emit 25 tons per year or SUPPLEMENTARY INFORMATION: State of California submitted Rule 425.1 more of NOX. However, the ACTs will I. Applicability to EPA October 19, 1994. Rule 425.1 not establish a presumptive norm for was found to be complete on October The rule being proposed for approval what is considered RACT for stationary 21, 1994, pursuant to EPA’s into the California SIP is Kern County sources of NOX. completeness criteria that are set forth Air Pollution Control District (KCAPCD) In addition, the California Air in 40 CFR Part 51, Appendix V. 2 Rule 425.1, Hot Mix Asphalt Paving Resources Board (CARB) is developing a NO emissions contribute to the Plants (Oxides of Nitrogen). Rule 425.1 X guidance document entitled, ‘‘California production of ground level ozone and was submitted by the State of California Clean Air Act Guidance, Determination smog. KCAPCD Rule 425.1 specified to EPA on October 19, 1994. of Reasonably Available Control exhaust emission standards for NOX, Technology and Best Available Retrofit II. Background and was originally adopted as part of Control Technology for Institutional, On November 15, 1990, the Clean Air KCAPCD’s effort to achieve the National Industrial and Commercial Boilers, Act Amendments of 1990 were enacted. Ambient Air Quality Standard (NAAQS) Steam Generators and Process Heaters,’’ Pub. L. 101–549, 104 Stat. 2399, for ozone, and in response to the CAA July 18, 1991. EPA has used CARB’s codified at 42 U.S.C. 7401–7671q. The requirements cited above. The following RACT Determination, dated July 18, air quality planning requirements for is EPA’s evaluation and proposed action 1991, in evaluating Rule 425.1 for for the rule. the reduction of NOX emissions through consistency with the CAA’s RACT reasonably available control technology III. EPA Evaluation and Proposed requirements. In general, EPA uses the (RACT) are set out in section 182 (f) of Action guidance documents cited above, as the Clean Air Act. well as other relevant and applicable In determining the approvability of a On November 25, 1992, EPA guidance documents, to ensure that NO rule, EPA must evaluate the rule published a proposed rule entitled, X submitted NOX RACT rules meet for consistency with the requirements of ‘‘State Implementation Plans; Nitrogen Federal RACT requirements and are the CAA and EPA regulations, as found Oxides Supplement to the General fully enforceable and strengthen or in section 110 and Part D of the CAA Preamble; Clean Air Act Amendments maintain the SIP. and 40 CFR Part 51 (Requirements for of 1990 Implementation of Title I; There is currently no version of Kern Preparation, Adoption, and Submittal of Proposed Rule,’’ (the NO supplement) County Air Pollution Control District X Implementation Plans). Among those which describes and provides Rule 425.1, Hot Mix Asphalt Paving provisions is the requirement that a preliminary guidance on the Plants (Oxides of Nitrogen), in the SIP. NO rule must, at a minimum, provide requirements of section 182(f). The NO X Submitted Rule 425 includes the X for the implementation of RACT for Supplement should be referred to for following provisions: stationary sources of NOX emissions. • further information on the NO General provisions including X The EPA interpretation of these requirements. applicability, exemptions, and Section 182 (f) of the Clean Air Act definitions. 1 KCAPCD retained its designation of • Exhaust emmissions standards for requires States to apply the same nonattainment and was classified by operation of requirements to major stationary sources law pursuant to sections 107(d) and 181(a) upon the oxides of nitrogen (NOX). of NOX (‘‘major’’ as defined in section date of enactment of the CAA. See 55 FR 56694 302 and sections 182(c), (d), and (e)) as (November 6, 1991). 3 ‘‘Issues Relating to VOC regulation Cutpoints, 2 EPA adopted the completeness criteria on Deficiencies, and Deviation, Clarification to are applied to major stationary sources February 16, 1990 (55 FR 5830) and, Pursuant to Appendix D of November 24, 1987 Federal Register of volatile organic compound (VOCs), in section 110(k)(1)(A) of the CAA, revised the criteria Notice’’ (Blue Book) (notice of availability was moderate or above ozone nonattainment on August 26, 1991 (56 FR 42216). published in the Federal Register on May 25, 1988).
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• Compliance and monitoring between the national government and uniquely affects the communities of requirements including compliance the States, or on the distribution of Indian tribal governments, and that schedule, reporting requirements, power and responsibilities among the imposes substantial direct compliance monitoring and record keeping, and test various levels of government.’’ Under costs on those communities, unless the methods. Executive Order 13132, EPA may not Federal government provides the funds Rules submitted to EPA for approval issue a regulation that has federalism necessary to pay the direct compliance as revisions to the SIP must be fully implications, that imposes substantial costs incurred by the tribal enforceable, must maintain or direct compliance costs, and that is not governments, or EPA consults with strengthen the SIP and must conform required by statute, unless the Federal those governments. If EPA complies by with EPA policy in order to be approved government provides the funds consulting, Executive Order 13084 by EPA. When reviewing rules for SIP necessary to pay the direct compliance requires EPA to provide to the Office of approvability, EPA evaluates costs incurred by State and local Management and Budget, in a separately enforceability elements such as test governments, or EPA consults with identified section of the preamble to the methods, record keeping, and State and local officials early in the rule, a description of the extent of EPA’s compliance testing in addition to RACT process of developing the proposed prior consultation with representatives guidance regarding emission limits. regulation. EPA also may not issue a of affected tribal governments, a Rule 425.1 strengthens the SIP through regulation that has federalism summary of the nature of their concerns, the addition of enforceable measures implications and that preempts State and a statement supporting the need to such as emissions limits, record law unless the Agency consults with issue the regulation. In addition, keeping, test methods, definitions, and State and local officials early in the Executive Order 13084 requires EPA to more stringent compliance testing. process of developing the proposed develop an effective process permitting Because there is no existing rule in the regulation. elected officials and other SIP, the incorporation of Rule 425.1 into This proposed rule will not have representatives of Indian tribal the SIP would decrease the NOX substantial direct effects on the States, governments ‘‘to provide meaningful emissions allowed by the SIP. A more on the relationship between the national and timely input in the development of detailed discussion of the sources government and the States, or on the regulatory policies and matters that controlled, the controls required, and distribution of power and significantly or uniquely affect their justification for why these controls responsibilities among the various communities.’’ Today’s rule does not represent RACT can be found in the levels of government, as specified in significantly or uniquely affect the Technical Support Document (TSD), Executive Order 13132 (64 FR 43255, communities of Indian tribal dated December 1, 1999, which is August 10, 1999), because it merely governments. Accordingly, the available from the U.S. EPA, Region IX approves a state rule implementing a requirements of section 3(b) of E.O. office. federal standard, and does not alter the 13084 do not apply to this rule. relationship or the distribution of power EPA has evaluated the submitted rule E. Regulatory Flexibility Act and has determined that it is consistent and responsibilities established in the The Regulatory Flexibility Act (FRA) with the CAA, EPA regulations and EPA Clean Air Act. Thus, the requirements of generally requires an agency to conduct policy. Therefore, Kern County Air section 6 of the Executive Order do not a regulatory flexibility analysis of any Pollution Control District Rule 425.1 is apply to this rule. rule subject to notice and comment being proposed for approval under C. Executive Order 13045 rulemaking requirements unless the section 110(k)(3) of the CAA is meeting Protection of Children from agency certifies that the rule will not the requirements of section 110(a), Environmental Health Risks and Safety have a significant economic impact on section 182(b)(2), section 182(f) and the Risks (62 FR 19885, April 23, 1997), a substantial number of small entities. NO Supplement to the General X applies to any rule that: (1) Is Small entities include small businesses, Preamble. determined to be ‘‘economically small not-for-profit enterprises, and IV. Administrative Requirements significant’’ as defined under E.O. small governmental jurisdictions. This 12866, and (2) concerns an final rule will not have a significant A. Executive Order 12866 environmental health or safety risk that impact on a substantial number of small The Office of Management and Budget EPA has reason to believe may have a entities because SIP approvals under (OMB) has exempted this regulatory disproportionate effect on children. If section 110 and subchapter I, part D of action from Executive Order (E.O.) the regulatory action meets both criteria, the Clean Air Act do not create any new 12866, Regulatory Planning and Review. the Agency must evaluate the requirements but simply approve requirements that the State is already B. Executive Order 13132 environmental health or safety effects of the planned rule on children, and imposing. Therefore, because the Federalism (64 FR 43255, August 10, explain why the planned regulation is Federal SIP approval does not create 1999) revokes and replaces Executive preferable to other potentially effective any new requirements, I certify that this Orders 12612, Federalism and 12875, and reasonably feasible alternatives action will not have a significant Enhancing the Intergovernmental considered by the Agency. This rule is economic impact on a substantial Partnership. Executive Order 13132 not subject to E.O. 13045 because it does number of small entities. Moreover, due requires EPA to develop an accountable not involve decisions intended to to the nature of the Federal-State process to ensure ‘‘meaningful and mitigate environmental health or safety relationship under the Clean Air Act, timely input by State and local officials risks. preparation of flexibility analysis would in the development of regulatory constitute Federal inquiry into the policies that have federalism D. Executive Order 13084 economic reasonableness of state action. implications.’’ ‘‘Policies that have Under Executive Order 13084, The Clean Air Act forbids EPA to base federalism implications’’ is defined in Consultation and Coordination with its actions concerning SIPs on such the Executive Order to include Indian Tribal Governments, EPA may grounds. Union Electric Co., v. U.S. regulations that have ‘‘substantial direct not issue a regulation that is not EPA, 427 U.S. 246, 255–66 (1976); 42 effects on the States, on the relationship required by statute, that significantly or U.S.C. 7410(a)(2).
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F. Unfunded Mandates (‘‘CERCLA’’ or ‘‘the Act’’), requires that Table of Contents Under Section 202 of the Unfunded the National Oil and Hazardous I. Background Mandates Reform Act of 1995 Substances Pollution Contingency Plan A. What are CERCLA and SARA? (‘‘Unfunded Mandates Act’’), signed (‘‘NCP’’) include a list of national B. What is the NCP? into law on March 22, 1995, EPA must priorities among the known releases or C. What is the National Priorities List prepare a budgetary impact statement to threatened releases of hazardous (NPL)? accompany any proposed or final rule substances, pollutants, or contaminants D. How are Sites Listed on the NPL? that includes a Federal mandate that throughout the United States. The E. What Happens to Sites on the NPL? National Priorities List (‘‘NPL’’) F. How Are Site Boundaries Defined? may result in estimated annual costss to G. How Are Sites Removed From the NPL? State, local, or tribal governments in the constitutes this list. The NPL is intended primarily to guide the H. Can Portions of Sites Be Deleted from aggregate; or to private sector, of $100 the NPL as They Are Cleaned Up? million or more. Under Section 205, Environmental Protection Agency I. What is the Construction Completion List EPA must select the most cost-effective (‘‘EPA’’ or ‘‘the Agency’’) in determining (CCL)? and least burdensome alternative that which sites warrant further II. Public Review/Public Comment achieves the objectives of the rule and investigation to assess the nature and A. Can I Review the Documents Relevant is consistent with statutory extent of public health and to This Proposed Rule? requirements. Section 203 requires EPA environmental risks associated with the B. How do I Access the Documents? site and to determine what CERCLA- C. What Documents Are Available for to establish a plan for informing and Public Review at the Headquarters advising any small governments that financed remedial action(s), if any, may be appropriate. This proposed rule Docket? may be significantly or uniquely D. What Documents Are Available for impacted by the rule. proposes to add 8 new sites to the NPL. Public Review at the Regional Dockets? EPA has determined that the approval Six of the sites are being proposed to the E. How Do I Submit My Comments? action promulgated does not include a General Superfund Section of the NPL F. What Happens to My Comments? Federal mandate that may result in and 2 of the sites are being proposed to G. What Should I Consider When estimated annual costs of $100 million the Federal Facilities Section. Preparing My Comments? H. Can I Submit Comments After the or more to either State, local, or tribal DATES: Comments regarding any of these governments in the aggregate, or to the Public Comment Period Is Over? proposed listings must be submitted I. Can I View Public Comments Submitted private sector. This Federal action (postmarked) on or before April 4, 2000. by Others? approves pre-existing requirements ADDRESSES: J. Can I Submit Comments Regarding Sites under State or local law, and imposes By Postal Mail: Mail original and three copies of comments Not Currently Proposed to the NPL? no new requirements. Accordingly, no III. Contents of This Proposed Rule (no facsimiles or tapes) to Docket additional costs to State, local, or tribal A. Proposed Additions to the NPL governments, or to the private sector, Coordinator, Headquarters; U.S. EPA; B. Status of NPL result from this action. CERCLA Docket Office; (Mail Code IV. Executive Order 12866 5201G); Ariel Rios Building; 1200 A. What is Executive Order 12866? List of Subjects in 40 CFR Part 52 Pennsylvania Avenue NW; Washington, B. Is This Proposed Rule Subject to Environmental protection, Air DC 20460. Executive Order 12866 Review? pollution control, Hydrocarbons, By Express Mail: Send original and V. Unfunded Mandates A. What is the Unfunded Mandates Reform Incorporation by reference, three copies of comments (no facsimiles Act (UMRA)? Intergovernmental relations, Oxides of or tapes) to Docket Coordinator, B. Does UMRA Apply to This Proposed nitrogen ozone, Reporting and record Headquarters; U.S. EPA; CERCLA Rule? keeping requirements, Volatile organic Docket Office; 1235 Jefferson Davis VI. Effect on Small Businesses compounds. Highway; Crystal Gateway #1, First A. What is the Regulatory Flexibility Act? B. Has EPA Conducted a Regulatory Authority: 42 U.S.C. 7401 et seq. Floor; Arlington, VA 22202. By E-Mail: Comments in ASCII format Flexibility Analysis for This Rule? Dated: January 21, 2000. VII. National Technology Transfer and only may be mailed directly to Advancement Act Laura Yoshii, [email protected]. E-mailed Deputy Regional Administrator, Region IX. A. What is the National Technology comments must be followed up by an Transfer and Advancement Act? [FR Doc. 00–02476 Filed 2–3–00; 8:45 am] original and three copies sent by mail or B. Does the National Technology Transfer BILLING CODE 6560±50±M express mail. and Advancement Act Apply to This For additional Docket addresses and Proposed Rule? further details on their contents, see VIII. Executive Order 12898 ENVIRONMENTAL PROTECTION A. What is Executive Order 12898? section II, ‘‘Public Review/Public AGENCY B. Does Executive Order 12898 Apply to Comment,’’ of the Supplementary this Proposed Rule? 40 CFR Part 300 Information portion of this preamble. IX. Executive Order 13045 A. What is Executive Order 13045? [FRL±6532±6] FOR FURTHER INFORMATION CONTACT: Yolanda Singer, phone (703) 603–8835, B. Does Executive Order 13045 Apply to this Proposed Rule? National Priorities List for Uncontrolled State, Tribal and Site Identification X. Paperwork Reduction Act Hazardous Waste Sites, Proposed Rule Center, Office of Emergency and A. What is the Paperwork Reduction Act? No. 31 Remedial Response (Mail Code 5204G), B. Does the Paperwork Reduction Act U.S. Environmental Protection Agency; Apply to this Proposed Rule? AGENCY: Environmental Protection Ariel Rios Building; 1200 Pennsylvania XI. Executive Orders on Federalism Agency. Avenue NW; Washington, DC 20460, or What Are The Executive Orders on ACTION: Proposed rule. the Superfund Hotline, Phone (800) Federalism and Are They Applicable to This Proposed Rule? SUMMARY: The Comprehensive 424–9346 or (703) 412–9810 in the Washington, DC, metropolitan area. XII. Executive Order 13084 Environmental Response, What is Executive Order 13084 and Is It Compensation, and Liability Act SUPPLEMENTARY INFORMATION: Applicable to this Proposed Rule?
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I. Background however, as it does not assign liability (3) The third mechanism for listing, to any party or to the owner of any included in the NCP at 40 CFR A. What Are CERCLA and SARA? specific property. Neither does placing 300.425(c)(3), allows certain sites to be In 1980, Congress enacted the a site on the NPL mean that any listed regardless of their HRS score, if Comprehensive Environmental remedial or removal action necessarily all of the following conditions are met: Response, Compensation, and Liability need be taken. See Report of the Senate • The Agency for Toxic Substances Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or Committee on Environment and Public and Disease Registry (ATSDR) of the ‘‘the Act’’), in response to the dangers of Works, Senate Rep. No. 96–848, 96th U.S. Public Health Service has issued a uncontrolled releases of hazardous Cong., 2d Sess. 60 (1980), 48 FR 40659 health advisory that recommends substances. CERCLA was amended on (September 8, 1983). dissociation of individuals from the October 17, 1986, by the Superfund For purposes of listing, the NPL release. Amendments and Reauthorization Act includes two sections, one of sites that • EPA determines that the release (‘‘SARA’’), Pub. L. 99–499, 100 Stat. are generally evaluated and cleaned up poses a significant threat to public 1613 et seq. by EPA (the ‘‘General Superfund health. • EPA anticipates that it will be more B. What Is the NCP? Section’’), and one of sites that are owned or operated by other Federal cost-effective to use its remedial To implement CERCLA, EPA agencies (the ‘‘Federal Facilities authority than to use its removal promulgated the revised National Oil Section’’). With respect to sites in the authority to respond to the release. and Hazardous Substances Pollution Federal Facilities section, these sites are EPA promulgated an original NPL of Contingency Plan (‘‘NCP’’), 40 CFR part generally being addressed by other 406 sites on September 8, 1983 (48 FR 300, on July 16, 1982 (47 FR 31180), Federal agencies. Under Executive 40658). The NPL has been expanded pursuant to CERCLA section 105 and Order 12580 (52 FR 2923, January 29, since then, most recently on October 22, Executive Order 12316 (46 FR 42237, 1987) and CERCLA section 120, each 1999 (64 FR 56966). August 20, 1981). The NCP sets Federal agency is responsible for E. What Happens to Sites on the NPL? guidelines and procedures for carrying out most response actions at responding to releases and threatened facilities under its own jurisdiction, A site may undergo remedial action releases of hazardous substances, custody, or control, although EPA is financed by the Trust Fund established pollutants, or contaminants under responsible for preparing an HRS score under CERCLA (commonly referred to CERCLA. EPA has revised the NCP on and determining whether the facility is as the ‘‘Superfund’’) only after it is several occasions. The most recent placed on the NPL. EPA generally is not placed on the NPL, as provided in the comprehensive revision was on March the lead agency at Federal Facilities NCP at 40 CFR 300.425(b)(1). 8, 1990 (55 FR 8666). Section sites, and its role at such sites (‘‘Remedial actions’’ are those As required under section is accordingly less extensive than at ‘‘consistent with permanent remedy, 105(a)(8)(A) of CERCLA, the NCP also other sites. taken instead of or in addition to includes ‘‘criteria for determining removal actions. * * *’’ 42 U.S.C. D. How Are Sites Listed on the NPL? priorities among releases or threatened 9601(24).) However, under 40 CFR releases throughout the United States There are three mechanisms for 300.425(b)(2) placing a site on the NPL for the purpose of taking remedial placing sites on the NPL for possible ‘‘does not imply that monies will be action and, to the extent practicable, remedial action (see 40 CFR 300.425(c) expended.’’ EPA may pursue other taking into account the potential of the NCP): (1) A site may be included appropriate authorities to remedy the urgency of such action for the purpose on the NPL if it scores sufficiently high releases, including enforcement action of taking removal action.’’ ‘‘Removal’’ on the Hazard Ranking System (‘‘HRS’’), under CERCLA and other laws. actions are defined broadly and include which EPA promulgated as an appendix a wide range of actions taken to study, A of the NCP (40 CFR part 300). The F. How Are Site Boundaries Defined? clean up, prevent or otherwise address HRS serves as a screening device to The NPL does not describe releases in releases and threatened releases (42 evaluate the relative potential of precise geographical terms; it would be U.S.C. 9601(23)). uncontrolled hazardous substances to neither feasible nor consistent with the pose a threat to human health or the limited purpose of the NPL (to identify C. What Is the National Priorities List environment. On December 14, 1990 (55 releases that are priorities for further (NPL)? FR 51532), EPA promulgated revisions evaluation), for it to do so. The NPL is a list of national priorities to the HRS partly in response to Although a CERCLA ‘‘facility’’ is among the known or threatened releases CERCLA section 105(c), added by broadly defined to include any area of hazardous substances, pollutants, or SARA. The revised HRS evaluates four where a hazardous substance release has contaminants throughout the United pathways: Ground water, surface water, ‘‘come to be located’’ (CERCLA section States. The list, which is appendix B of soil exposure, and air. As a matter of 101(9)), the listing process itself is not the NCP (40 CFR part 300), was required Agency policy, those sites that score intended to define or reflect the under section 105(a)(8)(B) of CERCLA, 28.50 or greater on the HRS are eligible boundaries of such facilities or releases. as amended by SARA. Section for the NPL; (2) Each State may Of course, HRS data (if the HRS is used 105(a)(8)(B) defines the NPL as a list of designate a single site as its top priority to list a site) upon which the NPL ‘‘releases’’ and the highest priority to be listed on the NPL, regardless of the placement was based will, to some ‘‘facilities’’ and requires that the NPL be HRS score. This mechanism, provided extent, describe the release(s) at issue. revised at least annually. The NPL is by the NCP at 40 CFR 300.425(c)(2) That is, the NPL site would include all intended primarily to guide EPA in requires that, to the extent practicable, releases evaluated as part of that HRS determining which sites warrant further the NPL include within the 100 highest analysis. investigation to assess the nature and priorities, one facility designated by When a site is listed, the approach extent of public health and each State representing the greatest generally used to describe the relevant environmental risks associated with a danger to public health, welfare, or the release(s) is to delineate a geographical release of hazardous substances. The environment among known facilities in area (usually the area within an NPL is only of limited significance, the State (see 42 U.S.C. 9605(a)(8)(B)); installation or plant boundaries) and
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Avenue, Mailcode 6SF-RA, Dallas, TX document if, and when, the site is listed Facilities Section. The sites are being 75202–2733; 214/665–7436. on the NPL. proposed based on HRS scores of 28.50 Carole Long, Region 7 (IA, KS, MO, NE), or above. The sites being proposed in G. What Should I Consider When U.S. EPA, 901 North 5th Street, this rule are presented in Table 1 and Preparing My Comments? Kansas City, KS 66101; 913/551–7224. Table 2 which both follow this David Williams, Region 8 (CO, MT, ND, Comments that include complex or preamble. SD, UT, WY), U.S. EPA, 999 18th voluminous reports, or materials Street, Suite 500, Mailcode 8EPR-SA, prepared for purposes other than HRS B. Status of NPL Denver, CO 80202–2466; 303/312– scoring, should point out the specific A final rule published elsewhere in 6757. information that EPA should consider today’s Federal Register finalizes 10 Carolyn Douglas, Region 9 (AZ, CA, HI, and how it affects individual HRS factor sites to the NPL; resulting in an NPL of NV, AS, GU), U.S. EPA, 75 Hawthorne values or other listing criteria 1,226 final sites; 1,067 in the General Street, San Francisco, CA 94105; 415/ (Northside Sanitary Landfill v. Thomas, Superfund Section and 159 in the 744–2343. 849 F.2d 1516 (D.C. Cir. 1988)). EPA Federal Facilities Section. With this David Bennett, Region 10 (AK, ID, OR, will not address voluminous comments proposal of 8 new sites, there are now WA), U.S. EPA, 11th Floor, 1200 6th that are not specifically cited by page 55 sites proposed and awaiting final Avenue, Mail Stop ECL–115, Seattle, number and referenced to the HRS or agency action, 48 in the General WA 98101; 206/553–2103. other listing criteria. EPA will not Superfund Section and 7 in the Federal You may also request copies from address comments unless they indicate Facilities Section. Final and proposed EPA Headquarters or the Regional which component of the HRS sites now total 1,281. (These numbers dockets. An informal request, rather documentation record or what reflect the status of sites as of January than a formal written request under the particular point in EPA’s stated 19, 2000. Sites deletions may affect Freedom of Information Act, should be eligibility criteria is at issue. these numbers at time of publication in the ordinary procedure for obtaining H. Can I Submit Comments After the the Federal Register.) copies of any of these documents. Public Comment Period Is Over? IV. Executive Order 12866 C. What Documents Are Available for Generally, EPA will not respond to A. What Is Executive Order 12866? Public Review at the Headquarters late comments. EPA can only guarantee Docket? that it will consider those comments Under Executive Order 12866, (58 FR postmarked by the close of the formal 51735 (October 4, 1993)) the Agency The Headquarters docket for this rule must determine whether a regulatory contains: HRS score sheets for the comment period. EPA has a policy of not delaying a final listing decision action is ‘‘significant’’ and therefore proposed site; a Documentation Record subject to OMB review and the for the site describing the information solely to accommodate consideration of late comments. requirements of the Executive Order. used to compute the score; information The Order defines ‘‘significant for any site affected by particular I. Can I View Public Comments regulatory action’’ as one that is likely statutory requirements or EPA listing Submitted by Others? to result in a rule that may: (1) Have an policies; and a list of documents During the comment period, annual effect on the economy of $100 referenced in the Documentation comments are placed in the million or more or adversely affect in a Record. Headquarters docket and are available to material way the economy, a sector of D. What Documents Are Available for the public on an ‘‘as received’’ basis. A the economy, productivity, competition, Public Review at the Regional Dockets? complete set of comments will be jobs, the environment, public health or The Regional dockets for this rule available for viewing in the Regional safety, or State, local, or tribal contain all of the information in the docket approximately one week after the governments or communities; (2) create Headquarters docket, plus, the actual formal comment period closes. a serious inconsistency or otherwise interfere with an action taken or reference documents containing the data J. Can I Submit Comments Regarding planned by another agency; (3) principally relied upon and cited by Sites Not Currently Proposed to the materially alter the budgetary impact of EPA in calculating or evaluating the NPL? HRS score for the sites. These reference entitlements, grants, user fees, or loan In certain instances, interested parties programs or the rights and obligations of documents are available only in the have written to EPA concerning sites Regional dockets. recipients thereof; or (4) raise novel which were not at that time proposed to legal or policy issues arising out of legal E. How Do I Submit My Comments? the NPL. If those sites are later proposed mandates, the President’s priorities, or Comments must be submitted to EPA to the NPL, parties should review their the principles set forth in the Executive Headquarters as detailed at the earlier concerns and, if still appropriate, Order. beginning of this preamble in the resubmit those concerns for consideration during the formal B. Is This Proposed Rule Subject to ‘‘Addresses’’ section. Please note that Executive Order 12866 Review? the addresses differ according to method comment period. Site-specific No, the Office of Management and of delivery. There are two different correspondence received prior to the Budget (OMB) has exempted this addresses that depend on whether period of formal proposal and comment regulatory action from Executive Order comments are sent by express mail or by will not generally be included in the 12866 review. postal mail. docket. III. Contents of This Proposed Rule V. Unfunded Mandates F. What Happens to My Comments? EPA considers all comments received A. Proposed Additions to the NPL A. What Is the Unfunded Mandates during the comment period. Significant With today’s proposed rule, EPA is Reform Act (UMRA)? comments will be addressed in a proposing to add 8 new sites to the NPL; Title II of the Unfunded Mandates support document that EPA will publish 6 sites to the General Superfund Section Reform Act of 1995 (UMRA), Public concurrently with the Federal Register of the NPL and 2 sites to the Federal Law 104–4, establishes requirements for
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Federal Agencies to assess the effects of directly from the act of listing a site on percentage of waste site problems. their regulatory actions on State, local, the NPL. However, EPA does not expect the and tribal governments and the private For the same reasons, EPA also has listing of these sites to have a significant sector. Under section 202 of the UMRA, determined that this rule contains no economic impact on a substantial EPA generally must prepare a written regulatory requirements that might number of small businesses. statement, including a cost-benefit significantly or uniquely affect small In any case, economic impacts would analysis, for proposed and final rules governments. In addition, as discussed occur only through enforcement and with ‘‘Federal mandates’’ that may above, the private sector is not expected cost-recovery actions, which EPA takes result in expenditures by State, local, to incur costs exceeding $100 million. at its discretion on a site-by-site basis. and tribal governments, in the aggregate, EPA has fulfilled the requirement for EPA considers many factors when or by the private sector, of $100 million analysis under the Unfunded Mandates determining enforcement actions, or more in any one year. Before EPA Reform Act. including not only a firm’s contribution promulgates a rule for which a written to the problem, but also its ability to VI. Effect on Small Businesses statement is needed, section 205 of the pay. The impacts (from cost recovery) UMRA generally requires EPA to A. What Is the Regulatory Flexibility on small governments and nonprofit identify and consider a reasonable Act? organizations would be determined on a number of regulatory alternatives and Pursuant to the Regulatory Flexibility similar case-by-case basis. For the foregoing reasons, I hereby adopt the least costly, most cost- Act (5 U.S.C. 601 et seq., as amended by certify that this proposed rule, if effective, or least burdensome the Small Business Regulatory promulgated, will not have a significant alternative that achieves the objectives Enforcement Fairness Act (SBREFA) of economic impact on a substantial of the rule. The provisions of section 1996) whenever an agency is required to number of small entities. Therefore, this 205 do not apply when they are publish a notice of rulemaking for any proposed regulation does not require a inconsistent with applicable law. proposed or final rule, it must prepare regulatory flexibility analysis. Moreover, section 205 allows EPA to and make available for public comment adopt an alternative other than the least a regulatory flexibility analysis that VII. National Technology Transfer and costly, most cost-effective, or least describes the effect of the rule on small Advancement Act burdensome alternative if the entities (i.e., small businesses, small A. What Is the National Technology Administrator publishes with the final organizations, and small governmental Transfer and Advancement Act? rule an explanation why that alternative jurisdictions). However, no regulatory was not adopted. Before EPA establishes flexibility analysis is required if the Section 12(d) of the National any regulatory requirements that may head of an agency certifies the rule will Technology Transfer and Advancement significantly or uniquely affect small not have a significant economic impact Act of 1995 (NTTAA), Public Law 104– governments, including tribal on a substantial number of small 113, section 12(d) (15 U.S.C. 272 note), governments, it must have developed entities. SBREFA amended the directs EPA to use voluntary consensus under section 203 of the UMRA a small Regulatory Flexibility Act to require standards in its regulatory activities government agency plan. The plan must Federal agencies to provide a statement unless to do so would be inconsistent provide for notifying potentially of the factual basis for certifying that a with applicable law or otherwise affected small governments, enabling rule will not have a significant impractical. Voluntary consensus officials of affected small governments economic impact on a substantial standards are technical standards (e.g., to have meaningful and timely input in number of small entities. materials specifications, test methods, the development of EPA regulatory sampling procedures, and business proposals with significant Federal B. Has EPA Conducted a Regulatory practices) that are developed or adopted intergovernmental mandates, and Flexibility Analysis for This Rule? by voluntary consensus standards informing, educating, and advising No. While this rule proposes to revise bodies. The NTTAA directs EPA to small governments on compliance with the NPL, an NPL revision is not a provide Congress, through OMB, the regulatory requirements. typical regulatory change since it does explanations when the Agency decides B. Does UMRA Apply to This Proposed not automatically impose costs. As not to use available and applicable Rule? stated above, adding sites to the NPL voluntary consensus standards. does not in itself require any action by B. Does the National Technology No, EPA has determined that this rule any party, nor does it determine the Transfer and Advancement Act Apply does not contain a Federal mandate that liability of any party for the cost of to This Proposed Rule? may result in expenditures of $100 cleanup at the site. Further, no million or more for State, local, and identifiable groups are affected as a No. This proposed rulemaking does tribal governments in the aggregate, or whole. As a consequence, impacts on not involve technical standards. by the private sector in any one year. any group are hard to predict. A site’s Therefore, EPA did not consider the use This rule will not impose any federal inclusion on the NPL could increase the of any voluntary consensus standards. intergovernmental mandate because it likelihood of adverse impacts on VIII. Executive Order 12898 imposes no enforceable duty upon State, responsible parties (in the form of tribal or local governments. Listing a cleanup costs), but at this time EPA A. What Is Executive Order 12898? site on the NPL does not itself impose cannot identify the potentially affected Under Executive Order 12898, any costs. Listing does not mean that businesses or estimate the number of ‘‘Federal Actions to Address EPA necessarily will undertake small businesses that might also be Environmental Justice in Minority remedial action. Nor does listing require affected. Populations and Low-Income any action by a private party or The Agency does expect that placing Populations,’’ as well as through EPA’s determine liability for response costs. the sites in this proposed rule on the April 1995, ‘‘Environmental Justice Costs that arise out of site responses NPL could significantly affect certain Strategy, OSWER Environmental Justice result from site-specific decisions industries, or firms within industries, Task Force Action Agenda Report,’’ and regarding what actions to take, not that have caused a proportionately high National Environmental Justice
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Advisory Council, EPA has undertaken respond to a collection of information interim, the current Executive Order to incorporate environmental justice that requires OMB approval under the 12612 [52 FR 41685 (October 30, 1987),] into its policies and programs. EPA is PRA, unless it has been approved by on federalism still applies. This committed to addressing environmental OMB and displays a currently valid proposed rule will not have a justice concerns, and is assuming a OMB control number. The OMB control substantial direct effect on States, on the leadership role in environmental justice numbers for EPA’s regulations, after relationship between the national initiatives to enhance environmental initial display in the preamble of the government and the States, or on the quality for all residents of the United final rules, are listed in 40 CFR part 9. distribution of power and States. The Agency’s goals are to ensure The information collection requirements responsibilities among the various that no segment of the population, related to this action have already been levels of government, as specified in approved by OMB pursuant to the PRA regardless of race, color, national origin, Executive Order 12612. This proposed under OMB control number 2070–0012 or income, bears disproportionately rule will not result in the imposition of high and adverse human health and (EPA ICR No. 574). any additional requirements on any environmental effects as a result of B. Does the Paperwork Reduction Act State, local governments or other EPA’s policies, programs, and activities, Apply to This Proposed Rule? political subdivisions within any State. and all people live in clean and sustainable communities. No. EPA has determined that the PRA Accordingly, the requirements of does not apply because this rule does section 6(c) of Executive Order 12612 do B. Does Executive Order 12898 Apply to not contain any information collection not apply to this proposed rule. this Proposed Rule? requirements that require approval of XII. Executive Order 13084 No. While this rule proposes to revise the OMB. the NPL, no action will result from this XI. Executive Orders on Federalism What is Executive Order 13084 and Is It proposal that will have Applicable to this Proposed Rule? disproportionately high and adverse What Are The Executive Orders on human health and environmental effects Federalism and Are They Applicable to Under Executive Order 13084, EPA on any segment of the population. This Proposed Rule? may not issue a regulation that is not Under Executive Order 12875, EPA required by statute, that significantly or IX. Executive Order 13045 may not issue a regulation that is not uniquely affects the communities of A. What Is Executive Order 13045? required by statute and that creates a Indian tribal governments, and that mandate upon a State, local or tribal imposes substantial direct compliance Executive Order 13045: ‘‘Protection of government, unless the Federal costs on those communities, unless the Children from Environmental Health government provides the funds Federal government provides the funds Risks and Safety Risks’’ (62 FR 19885, necessary to pay the direct compliance necessary to pay the direct compliance April 23, 1997) applies to any rule that: costs incurred by those governments, or costs incurred by the tribal (1) is determined to be ‘‘economically EPA consults with those governments. If significant’’ as defined under E.O. governments, or EPA consults with EPA complies by consulting, Executive 12866, and (2) concerns an those governments. If EPA complies by Order 12875 requires EPA to provide to environmental health or safety risk that consulting, Executive Order 13084 the Office of Management and Budget a EPA has reason to believe may have a requires EPA to provide to the Office of description of the extent of EPA’s prior disproportionate effect on children. If Management and Budget, in a separately consultation with representatives of the regulatory action meets both criteria, identified section of the preamble to the affected State, local and tribal the Agency must evaluate the rule, a description of the extent of EPA’s governments, the nature of their environmental health or safety effects of prior consultation with representatives concerns, any written communications the planned rule on children, and of affected tribal governments, a from the governments, and a statement explain why the planned regulation is summary of the nature of their concerns, supporting the need to issue the preferable to other potentially effective and a statement supporting the need to regulation. In addition, Executive Order and reasonably feasible alternatives issue the regulation. In addition, 12875 requires EPA to develop an considered by the Agency. effective process permitting elected Executive Order 13084 requires EPA to B. Does Executive Order 13045 Apply to officials and other representatives of develop an effective process permitting This Proposed Rule? State, local and tribal governments ‘‘to elected officials and other provide meaningful and timely input in representatives of Indian tribal This proposed rule is not subject to the development of regulatory proposals governments ‘‘to provide meaningful E.O. 13045 because it is not an containing significant unfunded and timely input in the development of economically significant rule as defined mandates.’’ regulatory policies on matters that by E.O. 12866, and because the Agency This proposed rule does not create a significantly or uniquely affect their does not have reason to believe the mandate on State, local or tribal communities.’’ environmental health or safety risks governments. The proposed rule does addressed by this proposed rule present This proposed rule does not not impose any enforceable duties on a disproportionate risk to children. significantly or uniquely affect the these entities. Accordingly, the communities of Indian tribal X. Paperwork Reduction Act requirements of section 1(a) of governments because it does not Executive Order 12875 do not apply to A. What Is the Paperwork Reduction significantly or uniquely affect their this proposed rule. Act? communities. Accordingly, the On August 4, 1999, President Clinton requirements of section 3(b) of According to the Paperwork issued a new executive order on Reduction Act (PRA), 44 U.S.C. 3501 et federalism, Executive Order 13132, [64 Executive Order 13084 do not apply to seq., an agency may not conduct or FR 43255 (August 10, 1999),] which will this proposed rule. sponsor, and a person is not required to take effect on November 2, 1999. In the
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TABLE 1.ÐNATIONAL PRIORITIES LIST PROPOSED RULE NO. 31, GENERAL SUPERFUND SECTION
State Site name City/county
AR ...... Ouachita Nevada Wood Treater ...... Reader. FL ...... Alaric Area Ground Water Plume ...... Tampa. FL ...... Callaway & Son Drum Service ...... Lake Alfred. FL ...... Landia Chemical Company ...... Lakeland. NY ...... Old Roosevelt Field Contaminated Ground Water Area ...... Garden City. WV ...... Big John SalvageÐHoult Road ...... Fairmont.
Number of Sites Proposed to General Superfund Section: 6.
TABLE 2.ÐNATIONAL PRIORITIES LIST PROPOSED RULE NO. 31, FEDERAL FACILITIES SECTION
State Site name City/county
VA ...... St. Juliens Creek Annex (U.S. Navy) ...... Chesapeake. VA ...... Naval Weapons Station YorktownÐCheatham Annex ...... Williamsburg.
Number of Sites Proposed to Federal Facilities Section: 2.
List of Subjects in 40 CFR Part 300 proposing a new date for receipt of the Block Grant program in accordance with Environmental protection, Air applications for SAPT Block Grants of all the governing provisions of law. This pollution control, Chemicals, Hazardous October 1 of the fiscal year for which is most noted under circumstances substances, hazardous waste, Block Grant funding is being requested. calling for the clarification of Intergovernmental relations, Natural However, the deadline for two application data and, if necessary, the application components required to be resources, Oil pollution, penalties, conduct of hearings related to certain submitted by that due date may be Reporting and recordkeeping adverse decisions needing resolution by extended for a limited period, not to requirements, Superfund, Water the end of the fiscal year. A tentative extend beyond December 31 of the same pollution control, Water supply. adverse decision requires that the fiscal year when good cause is applicant be provided an opportunity Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. demonstrated. for a hearing consistent with section 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1945(e) of the Public Health Service 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, DATES: Written comments must be 3 CFR, 1987 Comp., p. 193. received on or before March 20, 2000. (PHS) Act, and there remains, as a practical matter, insufficient time in the Dated: January 28, 2000. ADDRESSES: Written comments on the proposed rule must be sent to Thomas fiscal year to provide a hearing, reach a Timothy Fields, Jr., M. Reynolds, Room 13C–20, Parklawn final decision, and possibly redistribute Assistant Administrator, Office of Solid Waste Bldg., 5600 Fishers Lane, Rockville, MD withheld funds to the remaining and Emergency Response. 20857. applicants as provided by law (see [FR Doc. 00–2475 Filed 2–3–00; 8:45 am] section 1944 of the PHS Act). FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560±50±P States are now fully aware of the Thomas M. Reynolds. (301) 443–0179. application requirements and can SUPPLEMENTARY INFORMATION: When reasonably be expected to respond to an SAMHSA first implemented the SAPT earlier submission date. However, if a DEPARTMENT OF HEALTH AND Block Grant program, a primary concern HUMAN SERVICES State determines that it will not be able was affording States sufficient time to to submit by October 1 either the report 45 CFR Part 96 develop the increased information as required at 45 CFR 96.130(e) on required to apply for a grant under this Synar enforcement efforts and State RIN 0930±AA04 program as compared to the generally success in reducing youth access to less detailed application required under Application Deadline for SAPT Block tobacco products during the preceding the predecessor ADMS Block Grant fiscal year, or the information on State Grant Program 1 program administered by ADAMHA . expenditures during the preceding year This was accomplished by affording AGENCY: HHS. as required at 45 CFR 96.134(d), the States the opportunity to delay State may request an extension of the ACTION: Notice of proposed rule submitting their applications to as late making. due date(s) for a limited period, not to as March 31, fully six months into the extend past December 31 of the fiscal SUMMARY: The Substance Abuse and fiscal year for which funding is year for which application is made. The Mental Health Services Administration requested (See 45 CFR 96.122(d). This request for the extension must be signed (SAMHSA) (formerly, the Alcohol, Drug relatively late receipt date results in by the official with the authority to Abuse and Mental Health insufficient time to administer the SAPT apply for the grant or the Governor, and Administration (ADAMHA)) has must be submitted no later than 1 The ADAMHA Reorganization Act, Pub. L. 102– permitted applicants for its Substance 321 (July 10, 1992), established SAMHSA as a September 1 of the prior fiscal year. The Abuse Prevention and Treatment successor-in-interest to ADAMHA for the purpose, extension request must state for which (SAPT) Block Grant program to submit inter alia, of administering the services oriented requirement the extension is requested; an application for a grant as late as functions previously the responsibility of include an explanation of why the State ADAMHA and created two block grant programs March 31 of the fiscal year for which it including the SAPT program (now administered by is unable to comply with the due date is applying. Starting with the fiscal year SAMHSA) to replace the ADMS Block Grant of October 1; state the date of 2001 applications, SAMHSA is program. submission the State is requesting; and
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ANNUAL REPORTING BURDEN
Responses 45 CFR Citation and Purpose No. of per Hours per Total hours respondents respondent response
96.122(d) Due date for annual report ...... 60 1 1 60 96.122(d) Extension requests associated with MOE and Synar ...... 60 1 1 60 Total ...... 60 ...... 120
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As required by section 3507(d) of the § 96.122 Application content and DEPARTMENT OF THE INTERIOR PRA, the Secretary has submitted a copy procedure. of this proposed rule to OMB for its * * * * * Fish and Wildlife Service review. Comments on the information (d) The application (in substantial collection requirements are specifically 50 CFR Part 17 compliance with the statutory and solicited in order to: (1) Evaluate regulatory provisions for the Block whether the proposed collection of Endangered and Threatened Wildlife information is necessary for the proper Grant) shall for fiscal years through and Plants; 12-Month Finding for a performance of HHS functions, fiscal year 2000, be submitted no later Petition To List the Black-Tailed Prairie including whether the information will than March 31 of the fiscal year for Dog as Threatened have practical utility; (2) evaluate the which the State is applying. Beginning with the fiscal year 2001 application, all AGENCY: Fish and Wildlife Service, accuracy of the HHS estimate of the Interior. burden of the proposed collection of required components for a complete information, including the validity of application must be submitted no later ACTION: Notice of 12-month petition the methodology and assumptions used; than October 1 of the fiscal year for finding. (3) enhance the quality, utility, and which Block Grant funding is being SUMMARY: We, the Fish and Wildlife clarity of the information to be requested. The submission date for the Service, announce a 12-month finding collected; and (4) minimize the burden report required by § 96.130(e) to be for a petition to list the black-tailed of the collection of information on those submitted with the application and/or prairie dog (Cynomys ludovicianus) as who are to respond, including the use the information required by § 96.134(b) threatened throughout its range under of appropriate automated, electronic, may be extended for good cause shown the Endangered Species Act of 1973, as mechanical, or other technological in a request signed by the official amended (Act). After reviewing all collection techniques or other forms of authorized to apply for the Block Grant available scientific and commercial information technology. funding on behalf of the State, or the information, we have determined that OMB is required to make a decision Governor. The State should request an listing this species is warranted but concerning the collection of information extension for only the amount of time precluded by other higher priority contained in these proposed regulations necessary. In no event will an extension actions to amend the Lists of between 30 and 60 days after be granted past December 31 of the Endangered and Threatened Wildlife publication of this document in the fiscal year for which application is and Plants. Upon publication of this Federal Register. Therefore, a comment made. All requests to extend the due notice of 12-month petition finding, the to OMB is best assured of having its full date must be submitted no later than black-tailed prairie dog will be added to effect if OMB receives it within 30 days September 1 of the prior fiscal year and our candidate species list. of publication. This does not affect the addressed to the same address as This decision is based on—the deadline for the public to comment to specified for the grant application. number, variety, and significance of HHS on the proposed regulations. Extension requests must state for which threats affecting the species, especially Organizations and individuals requirement an extension is sought, the sylvatic plague (an exotic disease to desiring to submit comments on the date of submission sought, why the which the species has no resistance) and information collection requirements State is unable to meet the October 1 inadequate regulatory mechanisms should direct them to the Office of due date, and discuss if there are steps (some areas mandate eradication); Information and Regulatory Affairs, the State will be able to take to avoid evidence of recent general population OMB. (address above). requiring an extension in future years, declines in a significant portion of the List of Subjects in 45 CFR Part 96 or if not, why not. Extension requests species’ range; and cumulative complying with these requirements will rangewide population data indicating Administrative practice and be acted upon no later than September overall population declines since 1980. procedure, Grant programs—health, 20 of the fiscal year prior to the year for DATES: The finding announced in this Health care. which application is to be made. Due document was made on February 4, Dated: January 31, 2000. date extensions regarding the § 96.130(e) 2000. Donna E. Shalala, report and regarding the § 96.134(d) ADDRESSES: You may submit data, Secretary. information shall only be granted in information, comments, or questions writing. In order for an applicant to concerning this finding to the Field For the reasons set forth in the have complied with the requirements of Supervisor, U.S. Fish and Wildlife preamble, the Department proposes to section 1932(a)(1) of the Public Health Service, 420 South Garfield, Suite 400, amend Subpart L of Part 96 of Title 45 Service Act (42 U.S.C. 300x-32(a)(2)), it Pierre, South Dakota 57501. You may of the Code of Federal Regulations as is necessary that the components of the inspect the petition finding, supporting follows: application have been submitted by the data, and comments by appointment PART 96ÐBLOCK GRANTS date indicated or as extended pursuant during normal business hours at the to the above. above address. The petition finding also Subpart LÐSubstance Abuse * * * * * will be available at the Service’s Region Prevention and Treatment Block Grant 6 website at
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Background black-tailed prairie dog. This collection period closed November 3, On July 31, 1998, we received a information included a description of 1999. petition dated July 30, 1998, from the the species and its range, as well as We received approximately 14,500 comment letters during the National Wildlife Federation (National comments related to its population development of this finding. The Wildlife Federation 1998). The biology and trend. The Petitioner noted following summarizes the sources and Petitioner requested that we list the that the species still occurs general content of information we black-tailed prairie dog as threatened intermittently throughout most of its received. throughout its range. The Petitioner also historic range, although much reduced in numbers and in the amount of habitat All State wildlife agencies within the requested that the species be afforded historic range of the black-tailed prairie emergency listing. Section 4 of the Act that it occupies. The Petitioner contrasted reports that the black-tailed dog provided written comments on the and regulations at 50 CFR 424 do not prairie dog once occupied as much as petition. Two State agriculture provide for petitions to request the 100–200 million acres (ac) (40–80 departments (New Mexico and listing of species on an emergency basis. million hectares (ha)) of the western Wyoming) and two State Legislatures However, section (4)(b)(7) of the Act and North American prairie with current (North Dakota and Wyoming) also the Service’s Listing Priority Guidance estimates of occupied habitat and provided comments. In general, the (63 FR 25502) direct that all petitions concluded that the species’ habitat has States opposed listing the black-tailed are to be reviewed to determine if an been reduced by at least 99 percent. The prairie dog but supported the emergency listing is appropriate. We Petitioner attributed reductions in development of conservation measures determined and advised the Petitioner occupied habitat to habitat loss and for the species. Most information by letter dated August 27, 1998, that it degradation related to the conversion of provided by the States focused on would be inappropriate to list this prairie grasslands to farmland, extensive policy and jurisdictional concerns species on an emergency basis given its control, disease, urban development, rather than on information related to the then known status. On September 16, unregulated shooting, and other factors. biological status of the species. 1999, the Petitioner requested that we On August 26, 1998, we received State wildlife agencies and other readdress this issue based on reports of another petition regarding the black- interested parties also developed a increased control efforts (Graber, tailed prairie dog from the Biodiversity Strategy for conservation of the black- National Wildlife Federation, in litt. Legal Foundation, the Predator Project, tailed prairie dog (Van Pelt in prep.). 1999). We have reevaluated information and Jon C. Sharps (Biodiversity Legal The actions identified in the current available regarding this subject and Foundation et al. 1998). They requested draft of this Strategy remain tentative determined that emergency listing of the that we list the black-tailed prairie dog and do not at this time confer any species is not appropriate at this time. as threatened throughout its known improved status for the species. Eight of Section 4(b)(3)(A) of the Act requires historic range in the contiguous United the 11 participating State wildlife that, for any petition to revise the List States. We accepted this second request agencies have signed a Memorandum of of Threatened and Endangered Species as supplemental information to the Understanding for the purpose of containing substantial scientific and National Wildlife Federation petition. implementing the States’ Strategy for commercial information that listing may The Biodiversity Legal Foundation et al. the black-tailed prairie dog. At this time, be warranted, we make a positive 90- (1998) provided estimates of historic the strategy does not include day finding and initiate a status review and current distribution of the black- participation by the States of New of the species. We published a notice of tailed prairie dog, both regionally and Mexico, North Dakota, and Colorado, a positive 90-day finding on the subject by State. They noted that the species’ other State (non-wildlife) agencies, petition in the Federal Register on populations are impacted by eradication Federal agencies, Tribal agencies, or any March 25, 1999 (64 CFR 14425). programs, sylvatic plague, recreational private interests. We recognize the Accordingly, the subject petition shooting, land conversion, and natural significant effort that went into the requires a 12-month administrative predation. The Biodiversity Legal development of this strategy, and we finding pursuant to section 4(b)(3)(B) on Foundation (1999) also developed and believe that the strategy is a positive whether the petitioned action is—(I) not submitted a potential plan for black- step in addressing the conservation warranted, (ii) warranted, or (iii) tailed prairie dog conservation. needs of the black-tailed prairie dog. At warranted but precluded from The notice of a 90-day finding that a this early stage in development of the immediate proposal by other higher petition to list the black-tailed prairie strategy, the document lacks priority efforts to revise the List of dog presented substantial information commitments to specific immediate Threatened and Endangered Species. that appeared in the Federal Register on actions that would affect the status of When we find a petition to list a species March 25, 1999 (64 FR 14424). In this the species. We will continue working is warranted but precluded, the species notice, we requested that any additional with the States and other interested is designated a candidate species. scientific information relevant to a parties to support the coordinated We believe that sufficient information proposed 12-month administrative conservation efforts of the States. is currently available to support a finding be submitted to us by May 24, Three Tribes in South Dakota finding that listing the black-tailed 1999. We published a notice in the provided written comments on the prairie dog as threatened is warranted, Federal Register on June 4, 1999 (64 FR petition—the Cheyenne River Sioux but that a proposed rule at this time is 29983), that reopened this period for an Tribe, the Crow Creek Sioux Tribe, and precluded by work on other higher additional 45 days, through July 19, the Rosebud Sioux Tribe. Information priority listing actions. We will 1999. On October 4, 1999, we again was provided by these Tribes regarding reevaluate the status of the species in 1 published a notice that we would accept distribution and abundance and existing year. The information contained in this additional information, especially regulatory mechanisms on and notice is a summary of the information pertaining to a draft black-tailed prairie adjoining their respective Tribal lands. in the 12-month finding. dog Conservation Assessment and Several Federal agencies provided The National Wildlife Federation Strategy (Strategy) developed by various written comments on the petition. The petition presented extensive States and its effect on the status of the Bureau of Indian Affairs (BIA) information regarding the biology of the species (64 FR 53655). This information supported conservation measures and
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Lockhart (U.S. Fish and Wildlife noted after 1972. However, in most of remnant occupied habitat. However, Service, in litt. 1998) reported that the western States, populations have we believe that trends at specific recovery program for the black-footed declined since the 1980s, most likely locations within the State (a 50 percent ferret has identified large prairie dog due to sylvatic plague. In the eastern decline in Denver Metropolitan Area complexes potentially useful for part of the range, where plague has not from 1994 to 1998 (Seery, U.S. Fish and reintroduction of the ferret. Both black- yet occurred, similar declines have not Wildlife Service, pers. comm. 1998), a tailed and other prairie dog species are been observed. These trends are 70 percent decline at Rocky Mountain considered. One necessary criteria for discussed below by State. We have Arsenal National Wildlife Refuge from these sites is that they contain evaluated all historic and current data 1988–1999 (Seery and Matiatos, in approximately 10,000 ac (4,000 ha) of and information available on the press), and a 90 percent decline at occupied habitat. In the late 1980s, the species’ abundance and trends. Several Comanche National Grasslands from Black-footed Ferret Interstate estimates of black-tailed prairie dog 1995 to 1998 (Cully 1998), indicate that Coordinating Committee identified occupied habitat were available for each there has likely been a statewide decline dozens of potential sites that may have State. The dates, methodologies, and in recent years (despite periodic limited qualified as suitable for ferret recovery. ultimately the reliability of these recovery) and that these declines may Black-tailed prairie dog populations at estimates varied. Generally, our estimate continue. These declines have largely these sites appear to have been reduced of current occupied habitat for each been attributed to sylvatic plague. We by as much as 90 percent within the last State is the most recently reported estimate that 93,000 ac (43,000 ha) of 15 years. By 1994 only 16 sites were estimate with the most reliable black-tailed prairie dog occupied habitat identified, and by 1998 this number was methodology (Arizona, Montana, currently exist statewide. reduced to 10 sites (7 being black-tailed Nebraska, North Dakota, Oklahoma, In Kansas, black-tailed prairie dogs prairie dog sites). Although the overall South Dakota, Canada, and Mexico). For historically occurred on suitable habitat trend is a large-scale reduction, States where a range (Wyoming) or two throughout the western two-thirds of the population increases have been reliable estimates were available State (Hall and Kelson 1959, Smith observed at some locales. These (Kansas), we used the midpoint. For 1958). Presently, the species appears to declines have occurred largely in the States where no recent estimate with be scattered throughout generally the western portion of the species’ range adequate methodology was available same area, except that the eastern limit and are generally attributed to sylvatic (Colorado, New Mexico, and Texas), we of the range appears to have shifted plague. These declines may be extrapolated from older estimates. We westward approximately 30–50 miles representative of the overall population rounded all our estimates to the nearest (50–80 kilometers) (Vanderhoof and dynamics of the species in many areas. 1,000 ac. Robel 1992). Statewide estimates of However, populations in some other In Arizona, black-tailed prairie dogs occupied habitat for Kansas range from areas in the eastern portion of the existed in the southeastern portion of 2.5 million ac (1 million ha) historically species’ range where plague is mostly the State prior to eradication efforts to 36,000 ac (15,000 ha) in 1998 absent have increased marginally or (Hall and Kelson 1959). The species is (Knowles 1998). We estimate that remained generally constant during the extirpated at present in the State. 42,000 ac (17,000 ha) of black-tailed same period. Approximately 2 percent of occupied prairie dog occupied habitat currently Approximately 66 percent, or 300 habitat in the United States may have exist statewide. million ac (122 million ha), of the black- existed in Arizona historically. We We believe that occupied habitat in tailed prairie dog range in the United believe that intensive grazing at the turn Kansas has declined significantly from States is affected by sylvatic plague of the last century may have caused historic estimates, but has likely been (Black-footed Ferret Recovery occupied habitat to expand in Arizona stable to slightly declining in recent Foundation, in litt. 1999). This area and that control may have been the years. The most recent statewide survey includes the western portions of the principal factor that subsequently is from 1992 (Vanderhoof and Robel species’ range. Another important factor suppressed populations. Shrub invasion 1992). However, in 1996 sylvatic plague that has affected the species is the also may have limited recovery. The was documented in Kansas on the conversion of rangeland to cropland, species largely disappeared from the Cimarron National Grasslands (Cully, especially in the eastern portion of the State prior to the documented U.S. Geological Survey, Biological species’ range. Conversion of native occurrence of sylvatic plague in the Resources Division, pers. comm. 1998). prairie to cropland has largely State (Shroufe, Arizona Game and Fish Therefore, occupied habitat may decline progressed across the species’ range Department, in litt. 1999). However, if sylvatic plague impacts continue and/ from east to west with more cropland plague is an additional factor that could or spread to other areas of the State. occurring in the eastern portion of the affect the future viability of the species In Montana, black-tailed prairie dogs species’ range. In the plague-free portion in Arizona. historically occurred on suitable habitat of the species’ range, less than 33 In Colorado, black-tailed prairie dogs in the eastern two-thirds of the State percent of the species’ historic range is historically occurred on suitable habitat (Flath and Clark 1986), with the available to the species (Black-footed east of the Rocky Mountain foothills exception of the northeastern corner of Ferret Recovery Foundation, in litt. (Hall and Kelson 1959, Torres 1973). the State (Hall and Kelson 1959). One of 1999). Therefore, only approximately 10 Presently, the species appears to be the seven large remaining black-tailed percent of the black-tailed prairie dog scattered in remnant populations prairie dog complexes occurs in historic range is both plague-free and throughout the same area. Statewide Montana. Statewide estimates of available (not cropland) to the species. estimates of occupied habitat noted for occupied habitat for Montana range The majority of plague-free, suitable Colorado range from 7 million ac (2.8 from 6 million ac (2.4 million ha) range occurs in South Dakota. million ha) historically to 44,000 ac historically (Knowles 1998) to 28,286 ac (18,000 ha) in 1998 (Knowles 1998). (11,456 ha) in 1961 (Bureau of Sport Statewide Distribution, Abundance, We believe that occupied habitat in Fisheries and Wildlife 1961). The and Trends Colorado has declined significantly Montana Department of Fish, Wildlife, In some parts of the species’ range, from historic estimates. There is a large and Parks believes that historic statewide population increases were disparity in recent statewide estimates estimates are inaccurate (Graham,
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Montana Department of Fish, Wildlife, prairie dog occupied habitat currently the State has experienced a slow, steady and Parks, in litt. 1998). The most recent exist statewide. decline (Shackford et al. 1990). estimate of occupied habitat is 66,000 ac We believe that occupied habitat in Statewide, populations have been (26,000 ha) (Montana Department of New Mexico has declined significantly reduced by 50 percent in the last 10 Fish, Wildlife and Parks in prep.). We from historic estimates. Following the years (Lomolino, in litt. 1999). estimate that 65,000 ac (26,000 ha) of toxicant ban in 1972, increases in In South Dakota, black-tailed prairie black-tailed prairie dog occupied habitat occupied habitat appear to have dogs historically were found throughout currently exist statewide. occurred. However, declines in all but the eastern one-fourth of the We believe that occupied habitat in occupied habitat have likely occurred in State (Hall and Kelson 1959, Linder et Montana has declined significantly from more recent years (Maracchini, New al. 1972). Presently the species appears historic estimates. Following a major Mexico Department of Game and Fish, to be scattered throughout the same reduction in occupied habitat from in litt. 1998). area, with the majority of occupied approximately 1900 to 1961, black- In North Dakota, black-tailed prairie habitat on Tribal or Federal lands west tailed prairie dog populations in the dogs historically occurred on suitable of the Missouri River and small State apparently expanded from 1961 to habitat in the southwestern third of the scattered populations elsewhere. Four of 1986 and then experienced significant State, west of the Missouri River (Hall the seven remaining large black-tailed declines due to sylvatic plague. The and Kelson 1959). Presently, the species prairie dog complexes occur in South Montana Department of Fish, Wildlife, appears to be scattered throughout the Dakota. Statewide estimates of occupied and Parks (1998) noted that occupied same area. Statewide estimates of habitat for South Dakota range from habitat declined by approximately 50 occupied habitat for North Dakota range more than 1,757,000 ac (712,000 ha) percent from the estimates of the late from 2 million ac (810,000 ha) historically, following the initiation of 1980s, largely due to sylvatic plague. historically (Knowles 1998) to intensive control efforts in 1918 (Linder In Nebraska, black-tailed prairie dogs approximately 7,000 ac (2,800 ha) as a et al. 1972), to 33,000 ac (13,000 ha) in historically occurred on suitable habitat conservative estimate in 1973 (Grondahl 1961 (Bureau of Sport Fisheries and throughout most of the State west of the 1973). The most recent estimate of Wildlife 1961). The most recent estimate 97th meridian (Hall and Kelson 1959, occupied habitat is a preliminary of occupied habitat in the State is a Knowles 1995). Presently, the species estimate of approximately 25,000 ac preliminary estimate of 147,000 ac appears to be scattered throughout the (10,000 ha), based on aerial surveys (60,000 ha), based on aerial surveys same area, but at much reduced (Sidle, U.S. Forest Service, pers. comm. (Sidle, U.S. Forest Service, pers. comm. numbers, especially east of the 99th 1999). We estimate that 25,000 ac 1999). We estimate that 147,000 ac meridian. Statewide estimates of (10,000 ha) of black-tailed prairie dog (60,000 ha) of black-tailed prairie dog occupied habitat noted for Nebraska occupied habitat currently exist occupied habitat currently exist range from 6 million ac (2.4 million ha) Statewide. Statewide. historically (Knowles 1998) to 30,000 ac We believe that occupied habitat in We believe that occupied habitat in (12,000 ha) in 1961 (Bureau of Sport North Dakota has declined significantly South Dakota has declined significantly Fisheries and Wildlife 1961). The most from historic estimates, but has likely from historic estimates, with notable recent estimate of occupied habitat is been fairly stable to increasing recovery from 1961–1980 (Bureau of 60,000 ac (24,000 ha) (Knowles 1998). (McKenna, North Dakota Game and Fish Sport Fisheries and Wildlife 1961, We estimate that 60,000 ac (24,000 ha) Department, in litt. 1999) in recent Tschetter 1988). Thereafter, extensive of black-tailed prairie dog occupied years. The amount of occupied habitat control efforts at Pine Ridge Reservation habitat currently exist statewide. in North Dakota is relatively small and elsewhere in the 1980s resulted in We believe that occupied habitat in compared to other States in the northern a significant decline in occupied Nebraska has declined significantly Great Plains. habitat. Subsequently, occupied habitat from historic estimates and has likely In Oklahoma, black-tailed prairie dogs has remained fairly stable. More been stable to slightly declining in historically occurred on suitable habitat unoccupied, but available, habitat recent years (Amack, Nebraska Game in the western two-thirds of the State appears to remain in South Dakota than and Parks Commission, in litt. 1999). (Hall and Kelson 1959). Presently, the in other States. This stability may be due to the fact that species is largely limited to the In Texas, black-tailed prairie dogs sylvatic plague does not appear to be panhandle (Shaw et al. 1993, Tyler historically occurred on suitable habitat widespread in the State, although it has 1968, Wuerthner 1997), although throughout the northwestern one-third been documented in the northwestern scattered remnant populations occur in of the State (Bailey 1905, Hall and portion of the State where it has the western half of the State outside of Kelson 1959). Presently, the species impacted some black-tailed prairie dog the panhandle (Shackford et al. 1990). occurs largely in the western portion of populations (Virchow et al. 1992). Statewide estimates of occupied habitat the panhandle. Some scattered remnant In New Mexico, black-tailed prairie noted for Oklahoma range from 950,000 populations exist in the Trans-Pecos dogs historically occurred on suitable ac (385,000 ha) historically (Knowles Region of western Texas. Statewide habitat throughout the southern and 1998) to less than 8,600 ac (3,500 ha) in estimates of occupied habitat range from eastern two-thirds of the State (Bailey 1998 (Lomolino, University of 58 million ac (23 million ha) historically 1932, Hall and Kelson 1959). Presently, Oklahoma, in litt. 1999). We estimate to 23,000 ac (9,000 ha ) in 1998 the species appears to exist in remnant that 9,000 ac (3,600 ha) of black-tailed (Knowles 1998). We estimate that populations in scattered locations, prairie dog occupied habitat currently 71,000 ac (29,000 ha) of black-tailed generally east of the Pecos River exist Statewide. prairie dog occupied habitat currently (Findley et al. 1975). Statewide Populations in the panhandle have exist Statewide. estimates of occupied habitat noted for experienced significant declines in the We believe that occupied habitat in New Mexico range from over 6,640,000 past 10 years, although with limited Texas has declined significantly from ac (2,690,000 ha) historically (Bailey recovery (Lomolino, University of historic estimates. However, based upon 1932) to 15,000 ac (6,000 ha) in 1998 Oklahoma, in litt. 1999). These declines the limited amount of information (Knowles 1998). We estimate that were likely due to plague. The amount available, we believe that occupied 39,000 ac (16,000 ha) of black-tailed of occupied habitat in the remainder of habitat increased following the toxicant
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Dakota. The Animal and Plant Health Prairie dog control occurred Belknap Reservation in Montana were Inspection Service-Wildlife Services has repeatedly in most areas, and figures halted due to concerns regarding the directed and conducted research related cited for acreage controlled may include lack of available black-footed ferret to the efficiency of prairie dog and other retreatment of the same areas in reintroduction sites. rodent control. subsequent years. Therefore, annual Vulnerability of the Species in The Environmental Protection Agency estimates of lands treated do not always Perspective deals indirectly with prairie dog control equate to total loss of habitat. However, through pesticide labeling programs control (usually in conjunction with Three major impacts have had a including restrictions to protect other factors) has led to the complete substantial influence on black-tailed wildlife. Presently, labeling does not loss of occupied habitat in many areas. prairie dog populations. The first major restrict prairie dog control, but does Organized prairie dog control gained impact on the species was the initial address concerns for the endangered momentum from 1916 to 1920 when conversion of prairie grasslands to black-footed ferret. prairie dogs were controlled on tens of cropland in the eastern portion of its In Canada, the black-tailed prairie dog millions of acres of western rangeland range from approximately the 1880s– is designated as vulnerable by the (Bell 1921). Federal programs were 1920s. The conversion of native prairie Committee on the Status of Endangered responsible for much of this effort (Cain to cropland likely reduced black-tailed Wildlife in Canada. Control is et al. 1972). From 1937 to 1968, prairie dog occupied habitat in the prohibited, and only private landowners 30,447,355 ac (12,331,178 ha) of prairie United States from about 80 million ac are permitted to shoot prairie dogs dog occupied habitat were controlled (32 million ha) to about 50 million ac (Fargey, Grasslands National Park, pers. (Cain et al. 1972). In the 1960s, several (20 million ha) or less. The second comm. 1998). States reached their lowest estimates of major impact on the species was large- In Mexico, the black-tailed prairie dog occupied habitat (Bureau of Sport scale control efforts conducted from is listed as threatened by the Lista de las Fisheries and Wildlife 1961). In 1972, approximately 1918–1972 in efforts to Especies Amerzadas, the official Compound 1080, which was used reduce competition between prairie threatened and endangered species list extensively in prairie dog control dogs and domestic livestock. Repeated of the Mexican Government efforts, was banned by Presidential control efforts likely reduced black- (SEMARNAP 1994). List et al. (1997) Executive Order II 11643. Although tailed prairie dog occupied habitat in reported that in Mexico, laws exist to prairie dog control continued via other the United States from about 50 million ac (20 million ha) to approximately stop control, but are often not enforced, toxicants, it was at a reduced rate. 364,000 ac (147,000 ha) by 1961 (Bureau and extensive control occurs. There are The most extensive control efforts in no protected areas for the black-tailed of Sport Fisheries and Wildlife 1961). recent years have been conducted in the Some limited recovery and subsequent prairie dog in Mexico (Ceballos et al. Northern Great Plains (U.S. Forest 1993). declines have since occurred in these Service 1998). Roemer and Forrest remnant populations. The third major E. Other Natural or Manmade Factors (1996) summarized recent Federal and impact on the species was the Affecting the Species’ Continued State control efforts on approximately inadvertent introduction of an exotic Existence 1,045,524 ac (423,437 ha) in South disease from the Old World, sylvatic Dakota, Montana, and Wyoming. From Control Effort plague, into North American ecosystems 1978 to 1992, an average of 69,701 ac in 1908, with the first recorded impacts We believe that control efforts have (28,229 ha) were treated annually in on the black-tailed prairie dog in the limited black-tailed prairie dog these three States. These estimates did 1940s. These three factors, as well as populations, especially large-scale, well- not include estimates for private control other additional factors impacting the organized efforts conducted early in the or control involving indirect State or species, are discussed below. century. These control programs were Federal assistance. Forrest and Proctor We believe that many factors, alone, conducted in response to concerns (in prep.) estimated that in recent years in combination with each other, and regarding potential forage competition control conducted at the local level synergistically, have influenced and with domestic livestock. Current control probably affected ‘‘tens of thousands’’ of continue to influence black-tailed efforts are limited compared to historic black-tailed prairie dog occupied habitat prairie dog populations. Historically, efforts, but still impact a significant on an annual basis. The BIA large black-tailed prairie dog portion of occupied habitat annually. A administered the last large-scale control populations successfully coped with well-documented control effort has effort for black-tailed prairie dogs on the various depressant factors, except occurred over most of the range of the Pine Ridge Reservation in South Dakota plague, on a different scale; populations black-tailed prairie dog (Anderson et al. in the early 1980s. This effort resulted were large and robust, while threats 1986, Bell 1921, Cain et al. 1972, Forrest in the eradication of most prairie dogs were few with only short-term effects. and Proctor in prep., Hanson 1993, on approximately 458,618 ac (185,740 Presently, most populations are Hubbard and Schmitt 1983, Lantz 1903, ha) from 1980 to 1984. From 1985 to significantly reduced and must cope Lewis and Hassien 1973, Linder et al. 1986, 240,000 ac (97,000 ha) were with many persistent influences that 1972, Merriam 1902, Roemer and retreated (Roemer and Forrest 1996). In depress populations, both temporally Forrest 1996, Shriver 1965). Control 1987, after these efforts, 57,281 ac and permanently. Based upon our efforts resulted in extirpation of the (23,199 ha) of occupied habitat review of the available information, we black-tailed prairie dog in Arizona remained (Tschetter 1988). Current conclude that a general long-term, (Alexander 1932). Similar control efforts estimates of occupied habitat range from rangewide decline has occurred, in in Texas resulted in the persistence of 20,000 to 30,000 ac (8,000 to 12,000 ha) addition to more recent population only remnant populations in areas (Yellowhair, Pine Ridge Sioux Tribe, declines in some areas. where, historically, the largest known pers. comm. 1999). Following control The persistence of the black-tailed populations of the species occurred efforts on Pine Ridge, three additional prairie dog as a species may appear (Bureau of Sport Fisheries and Wildlife extensive control efforts targeted for the secure to some observers because it is 1961, Cheatheam 1977, Cottam and Cheyenne River and Rosebud relatively abundant in absolute numbers Caroline 1965). Reservations in South Dakota and Fort when compared with many other
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Notices Federal Register Vol. 65, No. 24
Friday, February 4, 2000
This section of the FEDERAL REGISTER be reviewed and selections will be made DEPARTMENT OF AGRICULTURE contains documents other than rules or by the Advisory Board and its Executive proposed rules that are applicable to the Committee. The general Advisory Board Agricultural Research Service public. Notices of hearings and investigations, meeting will begin at 9 a.m. on Tuesday, committee meetings, agency decisions and March 14, and continue until Notice of Appointment of the Advisory rulings, delegations of authority, filing of approximately noon on Wednesday, Committee on Agricultural petitions and applications and agency Biotechnology statements of organization and functions are March 15. During this time, the Advisory Board will (1) incorporate examples of documents appearing in this AGENCY: Office of the Under Secretary, input of stakeholders for use in section. Research, Education, and Economics, recommendations for the FY 2002 USDA. priorities and the integrated authority; DEPARTMENT OF AGRICULTURE (2) hear a report on the progress of REE ACTION: Notification of Appointment of programs and projects with regard to the Advisory Committee on Agricultural Office of the Secretary relevance to research priorities and Biotechnology. adequacy of funding; (3) hear progress Notice of the National Agricultural reports on Advisory Board working SUMMARY: The Office of the Under Research, Extension, Education, and group activities; (4) conduct a focus Secretary, Research, Education, and Economics Advisory Board Meeting session on ‘‘Changing Pricing and Economics of the Department of Agriculture, in accordance with the AGENCY: Marketing Structures in the Food and Research, Education, and Federal Advisory Committee Act, 5 Economics, USDA. Fiber System;’’ (5) discuss plans for a summer regional listening session; (6) U.S.C. App. 2, announces members ACTION: Notice of meeting. and conduct other business as needed. appointed to the Advisory Committee SUMMARY: In accordance with the Dates: March 13—9:00 a.m. to 5:00 on Agricultural Biotechnology. Thirty- Federal Advisory Committee Act, 5 p.m. 4th National Stakeholder eight members were appointed from U.S.C. App., the United States Symposium; March 14—9:00 a.m. to nominations of more than 220 well- Department of Agriculture announces a 5:00 p.m.; March—15 9:00 a.m. to Noon. qualified individuals, representing the meeting of the National Agricultural Place: Crown Plaza Hotel (Crystal biotechnology industry, conventional, Research, Extension, Education, and City), Grand Ballroom, 1489 Jefferson sustainable, and organic farmers, food Economics Advisory Board. Davis Highway, Arlington, VA 22202. manufacturers, commodity processors Type of Meeting: Open to the public. and shippers, environmental and SUPPLEMENTARY INFORMATION: The Comments: The public may file consumer groups, along with academic National Agricultural Research, written comments before or after the researchers as well as experts on Extension, Education, and Economics meeting with the contact person. All consumer attitudes, bioethics, and legal Advisory Board, which represents 30 statements will become a part of the issues. Equal opportunity practices were constituent categories, as specified in official records of the National followed in appointing committee section 802 of the Federal Agriculture Agricultural Research, Extension, members. To assure that Improvement and Reform Act of 1996 Education, and Economics Advisory recommendations of the advisory (Pub. L. 104–127), has scheduled a Board and will be kept on file for public committee take into account the needs National Agricultural Research, review in the Office of the Advisory of diverse groups served by the Extension, Education, and Economics Board; Research, Education, and Department, membership includes, to Advisory Board Meeting, March 13–15, Economics; U.S. Department of the extent practicable, individuals with 2000. Agriculture; Washington, DC 20250– demonstrated ability to represent On Monday, March 13, the Advisory 2255. Board will sponsor its 4th National minorities, women, and persons with Stakeholder Symposium, focusing on FOR FURTHER INFORMATION CONTACT: disabilities. the Integrated Authority for Research, Deborah Hanfman, Executive Director, The following appointments to the Education, and Extension, as announced National Agricultural Research, Advisory Committee on Agricultural in Press Release No. 7.99, Secretary of Extension, Education, and Economics Biotechnology have been made: Agriculture, USDA. The Symposium Advisory Board, Research, Education, Dennis E. Eckart will serve as Chair of will begin promptly at 9 a.m. and use and Economics Advisory Board Office, the Committee. He is an attorney at a panel format as in previous years. Room 344A Jamie L. Whitten Building, Baker and Hostetler, LLP, in Each panelist will be permitted to make U.S. Department of Agriculture, STOP: Washington, DC, and a former member a presentation, with time limits to be 2255, 1400 Independence Avenue, SW, of Congress from Ohio; announced, and will receive questions Washington, DC 20250–2255. Dale E. Bauman, Liberty Hyde Bailey from the Advisory Board members. If Telephone: 202–720–3684. Fax: 202– Professor and Professor of Nutritional you wish to be considered as a panelist 720–6199, or e-mail: [email protected]. Biochemistry in the Department of or would like to nominate a panelist, Done at Washington, DC this 20th day of Animal Science and the Division of please forward speaker names, phone January 2000. Nutritional Sciences at Cornell numbers, and a brief summary, outline, I. Miley Gonzalez, University in Ithaca, New York; or similar indication of the intended Under Secretary, Research, Education, and Daniel R. Botkin, Research Professor, remarks regarding the topic area to the Economics. Department of Ecology, Evolution and contact person below for Board [FR Doc. 00–2571 Filed 2–3–00; 8:45 am] Marine Biology, University of consideration. Names for panelists will BILLING CODE 3410 22 P California, in Santa Barbara, California;
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Carolyn Brickey, Executive Director, member, California Department of Food Minnesota, and Chairman, National Campaign for Pesticide Policy and Agriculture Organic Food Act Biotechnology Task Force, Grocery Reform, in San Francisco, California, Advisory Committee, in Salinas, Manufacturers of America; and member, National Organic California; Virginia V. Weldon, Physician and Standards Board; Mark Lipson, Organic Farmer and Director, Center for the Study of R. Jeffrey Burkhardt, Professor of Food Policy Program Director, Organic American Business, Washington and Resource Economics, Food and Farming Research Foundation, in University, in St. Louis, Missouri, and Resource Economics Department, Davenport, California; member, President’s Committee of University of Florida in Gainesville, Marshall A. Martin, Professor, Advisors on Science and Technology; Florida, and member, US/EU Committee Department of Agricultural Economics, David M. Winkles, Jr., Farmer and on Ethics and Food Biotechnology; Purdue University, in West Lafayette, President, South Carolina Farm Bureau, R. James Cook, R. James Cook Indiana, and member, National in Sumter, South Carolina, and member, Endowed Chair in Wheat Research, Agricultural Biotechnology Council; United Soybean Board; Department of Plant Pathology, Mary-Howell Martens, Organic Margaret M. Wittenberg, Vice- Washington State University, in Farmer and Adjunct Biology Instructor, President of Government and Public Pullman, Washington; Finger Lakes Community College, in Affairs, Whole Foods Market, Inc., in James F. Dodson, Farmer and seed Penn Yan, New York; Dripping Springs, Texas, and member, sales representative for Pioneer Hi-Bred J. Calman McCastlain, Attorney at National Organic Standards Board; International, Inc., in Robstown, Texas Pender, McCastlain, and Ptak, P.A., Michael W. Yost, Farmer and and Chairman, Environmental Task Farmer and Grain Elevator Operator, President, American Soybean Force, National Cotton Council; and Director, Arkansas Wheat Association, in Murdock, Minnesota. Linda J. Fisher, Vice President for Promotion Board, in Little Rock, Committee members will serve two- Government and Public Affairs, Arkansas; year terms. In the event of a vacancy, Monsanto Company, in Washington, E. Bruce McEvoy, Chief Executive the Secretary will appoint a new DC; Officer, Seald Sweet Growers, Inc., in member as appropriate and subject to Carol T. Foreman, Distinguished Vero Beach, Florida; the provisions of the Federal Advisory Margaret G. Mellon, Director, Fellow and Director, the Food Policy Committee Act. The duties of the Agriculture and Biotechnology Program, Institute, Consumer Federation of Committee are solely advisory. The Union of Concerned Scientists, in America, in Chevy Chase, Maryland, Committee will advise the Secretary of Washington, DC; and member, USDA Meat and Poultry Agriculture on a broad array of issues Lorraine D. Nakai, Entomologist and Inspection Advisory Committee; related to the expanding dimensions of David J. Frederickson, President, Farmer, Navajo Agricultural Products agricultural biotechnology. These issues Minnesota Farmers Union, in St. Paul, Industry, in Farmington, New Mexico; may include: effects of industry Minnesota; Philip T. Nelson, Farmer, Chairman, concentration and consolidation on Rebecca J. Goldburg, Senior Scientist, Livestock and Dairy GRITS Committee, farmers and consumers; effects of Environmental Defense Fund, in New Illinois Farm Bureau, and Chairman, changing intellectual property right York, New York; American Farm Bureau Federation Michael K. Hansen, Research Swine Advisory Committee, in Seneca, status of agricultural materials on Associate, Consumer Policy Institute, Illinois; farmers; ways to maximize or encourage Consumers Union, in Yonkers, New Carol Nottenburg, Attorney and potential benefits of biotechnology and York; Director of Intellectual Property and minimize potential adverse effects in Neil E. Harl, Professor of Economics Principal Scientist, Center for the different sectors of the agricultural and Charles F. Curtiss Distinguished Application of Molecular Biology to economy; guidance on priorities and Professor in Agriculture, Iowa State International Agriculture, in Red Hill, resource allocations for research, and for University, in Ames, Iowa; Australia; other activities to help the functioning Thomas J. Hoban, Professor, Roger C. Pine, Farmer and President, of the agricultural marketplace; Department of Sociology and National Corn Growers Association, in recommendations for scientific studies Anthropology, North Carolina State Lawrence, Kansas; that might be conducted by the new University, in Raleigh, North Carolina; Channapatna S. Prakash, Professor of USDA-sponsored Standing Committee Marjorie A. Hoy, Eminent Scholar and Plant Molecular Genetics, College of on Biotechnology at the National Davies, Fischer, and Eckes Professor of Agriculture, Tuskegee University, in Research Council; ways to improve Biological Control, Department of Auburn, Alabama, and member of the public understanding and input into Entomology and Nematology, University U.S. Sweetpotato Crop Advisory USDA’s regulatory process; and USDA’s of Florida, in Gainesville, Florida; Committee; role in assuring that farmers have an Charles S. Johnson, Chairman, Frank L. Sims, President, North array of choices for future agricultural President and Chief Executive Officer, American Grain, Cargill, Inc., in technology and practices. Pioneer Hi-Bred International, Inc., and Minnetonka, Minnesota, and member, The Committee will advise the member, USDA-Foreign Agricultural Chicago Board of Trade; Secretary through an annual report and Service Emerging Market Committee, in J. Michael Sligh, Director for other means as necessary and Des Moines, Iowa; Sustainable Agriculture, Rural appropriate. Anne R. Kapuscinski, Professor and Advancement Foundation The Committee will meet in Extension Specialist, Department of International—U.S.A., in Chapel Hill, Washington, DC, up to four (4) times per Fisheries and Wildlife, University of North Carolina; year. Minnesota, in St. Paul, Minnesota; Jerome B. Slocum, Farmer and Committee members will serve Edward L. Korwek, Attorney at Hogan President, North Mississippi Grain without pay. Reimbursement of travel and Hartson, LLP, in Washington, DC; Company, in Biloxi, Mississippi; expenses and per diem costs shall be Sharan A. Lanini, Farmer and Sales/ Austin P. Sullivan, Jr., Senior Vice made to Committee members who Marketing Manager for Growers President for Corporate Relations, would be unable to attend Committee Transplanting, Inc./Rocket Farms, and General Mills, Inc., in Plymouth, meetings without such reimbursement.
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FOR FURTHER INFORMATION CONTACT: a significant impact on a substantial Janitorial/Custodial, U.S. Army Reserve Questions should be e-mailed to number of small entities. The major Center, OMS, Kittanning, Kittanning, [email protected], faxed factors considered for this certification Pennsylvania to 202–690–4265, or telephoned to were: NPA: ICW Vocational Services, Inc., Michael Schechtman, 202–720–3817; all 1. The action will not result in any Indiana, Pennsylvania additional reporting, recordkeeping or Office Supply Store, Main Interior Building, mailed correspondence should be sent 1849 C Street, NW, Washington, DC to Michael Schechtman, Designated other compliance requirements for small NPA: Blind Industries & Services of Federal Official, Office of the Deputy entities other than the small Maryland, Baltimore, Maryland Secretary, USDA, 202B Jamie L. Whitten organizations that will furnish the Operation of Individual Equipment Element Federal Building, 14th and commodities and services to the Store, Eielson Air Force Base, Alaska Independence Avenue, SW, Government. NPA: Raleigh Lions Clinic for the Blind, Washington, DC 20250. 2. The action will result in Inc., Raleigh, North Carolina authorizing small entities to furnish the Operation of Individual Equipment Element Dated: January 21, 2000. commodities and services to the Store, Youngstown Air Reserve Station, I. Miley Gonzalez, Government. 910th Air Lift Wing, Vienna, Ohio Under Secretary, Reserach, Education, and 3. There are no known regulatory NPA: North Central Sight Services, Inc., Economics. alternatives which would accomplish Williamsport, Pennsylvania [FR Doc. 00–2570 Filed 2–3–00; 8:45 am] the objectives of the Javits-Wagner- Telephone Switchboard Operations, Dyess BILLING CODE 3410±01±P Air Force Base, Texas O’Day Act (41 U.S.C. 46–48c) in NPA: San Antonio Lighthouse, San connection with the commodities and Antonio, Texas services proposed for addition to the COMMITTEE FOR PURCHASE FROM Procurement List. Comments on this Deletions PEOPLE WHO ARE BLIND OR certification are invited. Commenters I certify that the following action will SEVERELY DISABLED should identify the statement(s) not have a significant impact on a underlying the certification on which substantial number of small entities. Procurement List; Proposed Additions they are providing additional The major factors considered for this and Deletions information. certification were: AGENCY: Committee for Purchase From The following commodities and People Who Are Blind or Severely services have been proposed for 1. The action will not result in any Disabled. addition to Procurement List for additional reporting, recordkeeping or production by the nonprofit agencies other compliance requirements for small ACTION: Proposed Additions to and listed: entities. Deletions from Procurement List. Commodities 2. The action will result in SUMMARY: The Committee has received Line, Multi-Loop authorizing small entities to furnish the proposals to add to the Procurement List 1670–01–062–6305 commodities and services to the commodities and services to be NPA: Industrial Opportunities, Inc., Government. furnished by nonprofit agencies Marble, North Carolina 3. There are no known regulatory employing persons who are blind or Thumbtacks, Maptacks and Pushpins alternatives which would accomplish have other severe disabilities, and to 7510–00–272–6886 (Thumbtacks) the objectives of the Javits-Wagner- delete commodities and services 7510–00–272–6887 (Thumbtacks) O’Day Act (41 U.S.C. 46–48c) in previously furnished by such agencies. 7510–00–272–3099 (Maptacks) 7510–00–285–5844 (Maptacks) connection with the commodities and COMMENTS MUST BE RECEIVED ON OR 7510–00–940–0935 (Pushpins) services proposed for deletion from the BEFORE: March 6, 2000. NPA: Delaware County Chapter, NYSARC, Procurement List. ADDRESSES: Committee for Purchase Walton, New York The following commodities and From People Who Are Blind or Severely Services services have been proposed for Disabled, Crystal Gateway 3, Suite 310, deletion from the Procurement List: 1215 Jefferson Davis Highway, Base Supply Center, Operation of Individual Equipment Element Store and Commodities Arlington, Virginia 22202–4302. HAZMART, McConnell Air Force Base, FOR FURTHER INFORMATION CONTACT: Kansas Amplifier Subassembly Leon A. Wilson, Jr. (703) 603–7740. NPA: Envision, Inc.,Wichita, Kansas 5831–00–087–3408 SUPPLEMENTARY INFORMATION: This Commissary Shelf Stocking, Custodial and Kit, Shaving, Surgical Preparation notice is published pursuant to 41 Warehousing, Fort Hamilton 6530–00–676–7372 Specimen Kit, Urine U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Commissary, Brooklyn, New York NPA: Goodwill Industries of Greater New 6530–00–075–6636 purpose is to provide interested persons York, Astoria, New York Pillowcase, Disposable an opportunity to submit comments on Food Service Attendant, Air National Guard 6532–01–125–3269 the possible impact of the proposed Base, 50 Sabre Street, Battle Creek, Aerosol Paint, Lacquer actions. Michigan 8010–00–721–9483 NPA: Calhoun County Community Mental Enamel, Lacquer Additions Health Services Board, Battle Creek, 8010–00–852–9034 If the Committee approves the Michigan 8010–00–616–9144 proposed additions, all entities of the Grounds Maintenance, U.S. Army Reserve 8010–00–878–5761 Federal Government (except as Center, Worcester, Massachusetts 8010–00–764–8434 otherwise indicated) will be required to NPA: Seven Hills Occupational & 8010–00–782–9356 Rehabilitation Services, Inc., Worcester, procure the commodities and services Enamel, Aerosol, Waterbase Massachusetts 8010–01–363–1632 listed below from nonprofit agencies Janitorial/Custodial, 126th Air Refueling employing persons who are blind or Wing, Scott Air Force Base, Illinois Services have other severe disabilities. I certify NPA: St. Clair Associated Vocational Commissary Shelf Stocking, Naval Training that the following action will not have Enterprises, Inc., Belleville, Illinois Center, San Diego, California
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Commissary Shelf Stocking & Custodial, Purchase From People Who Are Blind Store, Altus Air Force Base, Oklahoma Oakland Army Base, Oakland, California or Severely Disabled published notices Operation of Individual Equipment Element Food Service, McClellan Air Force Base, (64 F.R. 58378, 60407, 69225, 70694 and Store, Goodfellow Air Force Base, Texas California 72312) of proposed additions to and Grounds Maintenance, Oakland Fleet deletions from the Procurement List: This action does not affect current Industrial Supply Center, Oakland, contracts awarded prior to the effective California Additions date of this addition or options that may Grounds Maintenance, Naval Station, be exercised under those contracts. Treasure Island, California After consideration of the material Grounds Maintenance, Mare Island Naval presented to it concerning capability of Deletions Complex and Roosevelt Terrence, qualified nonprofit agencies to provide (except the Combat Systems Technical the services and impact of the additions I certify that the following action will School Command), Mare Island Naval on the current or most recent not have a significant impact on a Shipyard, Vallejo, California contractors, the Committee has substantial number of small entities. Janitorial/Custodial, Naval Supply Center, for determined that the services listed The major factors considered for this the following locations in Alameda, below are suitable for procurement by certification were: California: DRMO Bldgs 4 & 5 (Floor 1), the Federal Government under 41 U.S.C. Defense Subsistence Region Pacific, 1. The action may not result in any Warehouse 1, Building 6 (Floors 1 & 2), 46–48c and 41 CFR 51–2.4.I certify that additional reporting, recordkeeping or Building 7 the following action will not have a other compliance requirements for small Naval Regional Contracting Center, Building significant impact on a substantial entities. 6 (Floor 2) number of small entities. The major Janitorial/Custodial, Naval Air Reserve, factors considered for this certification 2. The action will not have a severe Moffett Field, California were: economic impact on future contractors Janitorial/Grounds Maintenance, U.S. Federal 1. The action will not result in any for the commodities and service. Building, 823 Marin Street, Vallejo, additional reporting, recordkeeping or 3. The action may result in California other compliance requirements for small authorizing small entities to furnish the Painting Service, McClellan Air Force Base, entities other than the small California commodities and service to the Vehicle Maintenance, McClellan Air Force organizations that will furnish the Government. services to the Government. Base, California 4. There are no known regulatory 2. The action will not have a severe Louis R. Bartalot, alternatives which would accomplish economic impact on current contractors the objectives of the Javits-Wagner- Deputy Director (Operations). for the services. O’Day Act (41 U.S.C. 46–48c) in [FR Doc. 00–2490 Filed 2–3–00; 8:45 am] 3. The action will result in connection with the commodities and BILLING CODE 6353±01±P authorizing small entities to furnish the service deleted from the Procurement services to the Government. List. 4. There are no known regulatory COMMITTEE FOR PURCHASE FROM alternatives which would accomplish After consideration of the relevant PEOPLE WHO ARE BLIND OR the objectives of the Javits-Wagner- matter presented, the Committee has SEVERELY DISABLED O’Day Act (41 U.S.C. 46–48c) in determined that the commodities and connection with the services proposed service listed below are no longer Procurement List; Additions and for addition to the Procurement List. suitable for procurement by the Deletions FederalGovernment under 41 U.S.C. 46– Accordingly, the following services 48c and 41 CFR 51–2.4. AGENCY: Committee for Purchase From are hereby added to the Procurement People Who Are Blind or Severely List: Accordingly, the following Disabled. commodities and service are hereby Base Supply Center and Operation of deleted from the Procurement List: ACTION: Additions to and Deletions Individual Equipment Element from the Procurement List. StoreLangley Air Force Base, Virginia Commodities Grounds Maintenance, U.S. Dept. of the SUMMARY: This action adds to the Penetrating Fluid 6850–00–985–7180 Interior, National Park Service, Golden 6850–00–508–0076 Procurement List services to be Gate National Recreation Area, Fort Water-Displacing Compound furnished by nonprofit agencies Mason, San Francisco, California 6850–00–142–9389 employing persons who are blind or Janitorial/Custodial, U.S. Coast Guard, Vessel 6850–00–142–9409 have other severe disabilities, and Traffic Service San Francisco, Yerba Cleaning Compound, Rug and Upholstery deletes from the Procurement List Buena Island, Building 278, San Francisco, California 7930–01–393–6760 commodities and a service previously Detergent, General Purpose furnished by such agencies. Janitorial/Custodial for the following locations in Washington, DC:U.S. 7930–00–531–9715 EFFECTIVE DATE: March 6, 2000. Customs Service, 1301 Constitution 7930–00–531–9716 ADDRESS: Committee for Purchase From Avenue, NW; Interstate Commerce Dishwashing Compound, Hand People Who Are Blind or Severely Commission, 12th & Constitution 7930–01–055–6136 Disabled, Crystal Gateway 3, Suite 310, Avenue, NW; Departmental Auditorium Service 1215 Jefferson Davis Highway, & Connecting Wing, 1201 Constitution Base Supply Center, Fort McClellan, Arlington, Virginia 22202–4302. Avenue, NW Janitorial/Custodial, U.S. Merchant Marine Alabama FOR FURTHER INFORMATION CONTACT: Academy, Kings Point, New York Louis R. Bartalot, Leon A. Wilson, Jr. (703) 603–7740. Mailing Services, Centers for Disease Control SUPPLEMENTARY INFORMATION: On and Prevention, National Center for Deputy Director (Operations). October 29, November 5, and December Infectious Diseases, Atlanta, Georgia [FR Doc. 00–2491 Filed 2–3–00; 8:45 am] 10, 17, and 27, 1999, the Committee for Operation of Individual Equipment Element BILLING CODE 6353±01±P
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COMMITTEE FOR PURCHASE FROM Investigation Board’s Office of External regulations of the U.S. Commission on PEOPLE WHO ARE BLIND OR Relations, (202)–261–7600, or visit our Civil Rights, that a meeting of the New SEVERELY DISABLED website at: www.csb.gov. Hampshire Advisory Committee to the Commission will convene at 1:30 p.m. Christopher W. Warner, Addition to Procurement List: and adjourn at 5:30 p.m. on February Correction General Counsel. 24, 2000, at the Four Points Hotel [FR Doc. 00–2681 Filed 2–2–00; 1:37 pm] In the document appearing on page Manchester, 55 John E. Divine Drive, BILLING CODE 6350±01±P 58379, FR document 99–28359, in the Manchester, New Hampshire 03103. issue of October 29, 1999, in the first The Committee will discuss plans for their next briefing to be held in column, the listing for Food Service, COMMISSION ON CIVIL RIGHTS Marine Corps, Mess Hall #569 and 1620, Manchester on the status of civil rights in New Hampshire as part of its project, San Diego, California should have been Agenda and Notice of Public Meeting A Biennial Report on the Status of Civil listed as Food Service, Marine Corps, of the Arizona Advisory Committee Mess Halls #569 and 620, San Diego, Rights in New Hampshire. The California. Notice is hereby given, pursuant to Committee will also be briefed on the provisions of the rules and current civil rights issues by invited Louis R. Bartalot, regulations of the U.S. Commission on guests. Deputy Director (Operations). Civil Rights, that a meeting of the Persons desiring additional [FR Doc. 00–2492 Filed 2–3–00; 8:45 am] Arizona Advisory Committee to the information, or planning a presentation BILLING CODE 6353±01±P Commission will convene at 10:00 a.m. to the Committee, should contact Ki- and adjourn at 4:00 p.m. on Friday, Taek Chun, Director of the Eastern February 18, 2000, at the Ramada Hotel, Regional Office, 202–376–7533 (TDD CHEMICAL SAFETY AND HAZARD Meeting Room Maricopa C, 401 North 202–376–8116). Hearing-impaired INVESTIGATION BOARD First Street, Phoenix, Arizona 85004. persons who will attend the meeting The purpose of the meeting is to discuss and require the services of a sign Sunshine Act Meeting current projects and plan future language interpreter should contact the The United States Chemical Safety projects. Regional Office at least ten (10) working and Hazard Investigation Board Persons desiring additional days before the scheduled date of the announces that it will convene a Public information, or planning a presentation meeting. Meeting beginning at 10:00 a.m. local to the Committee, should contact Philip The meeting will be conducted time on February 10, 2000, at the Montez, Director of the Western pursuant to the provisions of the rules Defense Nuclear Facilities Safety Board Regional Office, 213–894–3437 (TDD and regulations of the Commission. (DNFSB), Suite 300, 625 Indiana Ave. 213–894–3435). Hearing-impaired Dated at Washington, DC, January 27, 2000. persons who will attend the meeting NW, Washington, DC. This Carol-Lee Hurley, announcement replaces the incorrect and require the services of a sign language interpreter should contact the Chief, Regional Programs Coordination Unit. announcement published on February 2, [FR Doc. 00–2509 Filed 2–3–00; 8:45 am] 2000 (65 FR 4945). Topics to be Regional Office at least ten (10) working BILLING CODE 6335±01±P discussed at the meeting will include: days before the scheduled date of the 1. Resignation of the Board meeting. The meeting will be conducted Chairperson. pursuant to the provisions of the rules 2. Interim Board Governance. DEPARTMENT OF COMMERCE 3. Proposed Federal Regulations and regulations of the Commission. regarding CSB Quorum, Voting Dated at Washington, DC, January 27, 2000. Economic Development Administration Procedures and compliance with the Carol-Lee Hurley, Government Under the Sunshine Act. Chief, Regional Programs Coordination Unit. Notice of Petitions by Producing Firms 4. Review and Adoption of CSB [FR Doc. 00–2508 Filed 2–3–00; 8:45 am] for Determination of Eligibility To Mission Statement. Apply for Trade Adjustment BILLING CODE 6335±01±P 5. Major CSB Initiatives for remainder Assistance of FY 2000. 6. Review and Discussion of FY 2001 AGENCY: Economic Development Budget Proposal. COMMISSION ON CIVIL RIGHTS Administration (EDA), Commerce. The meeting will be open to the Agenda and Notice of Public Meeting ACTION: To give firms an opportunity to public. The DNFSB office is a secure of the New Hampshire Advisory comment. federal building and photo Committee identification may be required for Petitions have been accepted for filing admission. For more information, please Notice is hereby given, pursuant to on the dates indicated from the firms contact the Chemical Safety and Hazard the provisions of the rules and listed below.
LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 11/30/99±01/19/00
Date/Peti- Firm name Address tion Product accepted
Sunshine Cap Company...... 1142 W. Main Street, Lake- 12/01/99 Caps, visors, and hats of cotton. land, FL 33815. Pinnacle Plastics, Inc ...... 2301 West 21st St., Erie, PA 12/09/99 Plastic injection molds. 16506. Craig Blanchard d.b.a., 4404 Menaul, Albuquerque, 12/09/99 Silver jewelry. Biagaanas Jewelers. NM 87110.
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LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 11/30/99±01/19/00ÐContinued
Date/Peti- Firm name Address tion Product accepted
Fabricated Plastics, Inc., d.b.a., 178 Hanover Avenue, Morris- 12/09/99 Plastic injection molds. FPI Thermoplastic Tech- town, NJ 07962. nologies. Felley, Inc ...... 2400 Washington St. NE, Albu- 12/10/99 Silver and gold jewelry. querque, NM 87110. Custom Tool & Die, LLC ...... 240 Corporate Drive, Sibley, 12/10/99 Injection molds for rubber or plastic. LA 71073. Contrax Technology, Inc ...... 7509 Connelly Drive, Hanover, 12/13/99 Printed circuit boards. MD 21076. Dexall Biomedical Labs., Inc .... 18904 Bonanza Way, Gai- 12/13/99 Diagnostic medical kits for human infectious diseases and thersburg, MD 20879. autoimmune diseases. Altek, Inc ...... 22819 E. Appleway Ave., Lib- 12/15/99 Injection molded temperature sensor parts. erty Lake, WA 99019. Mathews Wire, Inc ...... 654 West Morrison St., Frank- 12/20/99 Metal candle holders. fort, IN 46041. Sturdy Oak Wood Crafts ...... 213 S. Jefferson, Elk City, OK 12/20/99 Tableware and kitchenware of wood. 73648. Kirks Folly, Inc...... 236 Chapman Street, Provi- 12/20/99 Theme oriented fashion jewelry, watches, and picture frames. dence, RI 02905. Robinson Foundry, Inc...... 505 Robinson Court, Alex- 12/21/99 Motors and generator housings of cast iron and tractor parts ander City, AL 35011. for agricultural use. DSA Precision Machining, Inc .. 5845 Big Tree Road, Lakeville, 01/03/00 Metal gears for the transportation industry. NY 14480. Best Carbide Cutting Tools, Inc 1454 West 135th Street, Gar- 01/03/00 Carbide cutting tools for industrial machinery and semicon- dena, CA 90249. ductor manufacturing equipment. Model Die Casting, Inc ...... 5070 Sigstrom Drive, Carson 01/03/00 Model trains. City, NV 89706. Douglas Snyder d.b.a., Snyder 6006 Egret Court, Benicia, CA 01/03/00 Precision machined parts and metal stamped parts of semi- Systems. 94510. conductor manufacturing equipment. Tops Malibu, Inc ...... 5555 West 11th Avenue, Eu- 01/03/00 Candles and other gift items including soaps, games, and gene, OR 97402. party favors. OK Investment Casting Corp. 708 North 29th Street, 01/03/00 Couplings for hoses, and production tools and chemical static d.b.a., N. American Precision Blackwell, OK 74631. mixers. Casting Co. Kelson Precision Machine, Inc 808 S. 8th Street, Broken 01/05/00 Valve parts. Arrow, OK 74012. Dexter Research Center, Inc .... 7300 Huron River Drive, Dex- 01/05/00 Metal thermal analysis detectors using optical radiation. ter, MI 48130. William Ellyn Douglas, L.L.C. 6401 Falco Road, Rockford, IL 01/05/00 Thread rolling machinery. d.b.a., Warren Industries, 61109. L.L.C. BBC Industries, Inc...... 1526 Fenpark Drive, Fenton, 01/19/00 Industrial ovens, screen printing dryers, heaters, and shrink- MO 63026. wrap packaging equipment. Ro-An Jewelry, Inc ...... 1 Industrial Lane, Johnston, RI 01/19/00 Jewelry. 01919. Micro Industries, Inc ...... 200 West Second St., Rock 01/19/00 Die cast zinc components. Falls, IL 61071.
The petitions were submitted by Trade Adjustment Assistance, Room DEPARTMENT OF COMMERCE pursuant to Section 251 of the Trade Act 7315, Economic Development of 1974 (19 U.S.C. 2341). Consequently, Administration, U.S. Department of Foreign-Trade Zones Board the United States Department of Commerce, Washington, DC 20230, no [Order No. 1074] Commerce has initiated separate later than the close of business of the investigations to determine whether tenth calendar day following the Expansion of Foreign-Trade Zone 143, increased imports into the United States publication of this notice. Sacramento, California of articles like or directly competitive (The Catalog of Federal Domestic Assistance with those produced by each firm Pursuant to its authority under the Foreign- official program number and title of the Trade Zones Act of June 18, 1934, as contributed importantly to total or program under which these petitions are amended (19 U.S.C. 81a–81u), the Foreign- partial separation of the firm’s workers, submitted is 11.313, Trade Adjustment Trade Zones Board (the Board) adopts the or threat thereof, and to a decrease in Assistance.) following Order: sales or production of each petitioning Dated: January 21, 2000. Whereas, Sacramento-Yolo Port firm. Anthony J. Meyer, District, grantee of Foreign-Trade Zone Any party having a substantial Coordinator, Trade Adjustment and 143, submitted an application to the interest in the proceedings may request Technical Assistance. Board for authority to expand FTZ 143 a public hearing on the matter. A [FR Doc. 00–2460 Filed 2–3–00; 8:45 am] to include a new site, located at the request for a hearing must be received BILLING CODE 3510±24±P Chico Municipal Airport, in Chico,
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California, some 90 miles north of the Whereas, the Board’s regulations (15 amended (19 U.S.C. 81a–81u), the Foreign- San Francisco Consolidated Customs CFR part 400) provide for the Trade Zones Board (the Board) adopts the port of entry limits (FTZ Docket 37–99; establishment of special-purpose following Order: filed July 16, 1999); subzones when existing zone facilities Whereas, the Foreign-Trade Zones Act Whereas, Section 2422 of the cannot serve the specific use involved, Miscellaneous Trade and Technical and when the activity results in a provides for ‘‘the establishment * * * Corrections Act of 1999 (Pub.L. 106–36) significant public benefit and is in the of * * * foreign-trade zones in ports of directs the Foreign-Trade Zones Board public interest; entry of the United States, to expedite to approve the expansion of FTZ 143 to Whereas, the Indianapolis Airport and encourage foreign commerce, and include the proposed site in Chico, Authority, grantee of Foreign-Trade for other purposes,’’ and authorizes the California; Zone 72, has made application to the Foreign-Trade Zones Board (the Board) Whereas, notice inviting public Board for authority to establish special- to grant to qualified corporations the comment was given in the Federal purpose subzone status at the separator privilege of establishing foreign-trade Register (64 FR 41374, July 30, 1999) and decanter centrifuge equipment parts zones in or adjacent to U.S. Customs and the application has been processed warehousing/distribution (non- ports of entry; pursuant to the FTZ Act and the Board’s manufacturing) facility of Alfa Laval Whereas, the Board’s regulations (15 Distribution, Inc., located in regulations; and, CFR part 400) provide for the Indianapolis, Indiana (FTZ Docket 50– Whereas, the Board adopts the establishment of special-purpose findings and recommendations of the 98, filed November 5, 1998); subzones when existing zone facilities examiner’s report, and finds that the Whereas, notice inviting public cannot serve the specific use involved, requirements of the FTZ Act and the comment has been given in the Federal Board’s regulations are satisfied; Register (63 FR 63451, November 13, and when the activity results in a Now, therefore, the Board hereby 1998); and, significant public benefit and is in the orders: Whereas, the Board adopts the public interest; The application to expand FTZ 143 is findings and recommendations of the Whereas, the Puerto Rico Industrial approved, subject to the Act and the examiner’s report, and finds that the Development Company, grantee of Board’s regulations, including § 400.28 requirements of the FTZ Act and Foreign-Trade Zone 7, has made Board’s regulations are satisfied, and and further subject to the Board’s application for authority to establish standard 2,000 acre activation limit. that approval of the application is in the public interest; special-purpose subzone status at the Signed at Washington, DC, this 18th day of Now, Therefore, the Board hereby steel can processing facilities of Mani January, 2000. grants authority for subzone status at the Can Corporation (Inc.), located in Robert S. LaRussa, separator and decanter centrifuge Mayaguez, Puerto Rico (FTZ Docket 36– Assistant Secretary of Commerce for Import equipment parts warehousing/ 96, filed May 7, 1996); Administration, Alternate Chairman, Foreign- distribution facility of Alfa Laval Whereas, notice inviting public Trade Zones Board. Distribution, Inc., located in comment was given in the Federal Attest: Indianapolis, Indiana (Subzone 72N), at Register (61 FR 24271, May 14, 1996); Dennis Puccinelli, the location described in the and, Acting Executive Secretary. application, and subject to the FTZ Act Whereas, the Board adopts the [FR Doc. 00–2589 Filed 2–3–00; 8:45 am] and the Board’s regulations, including findings and recommendations of the BILLING CODE 3510±DS±P § 400.28. The scope of authority does not include activity conducted under examiner’s report, and finds that the FTZ procedures that would result in a requirements of the FTZ Act and DEPARTMENT OF COMMERCE change in tariff classification. Board’s regulations have not been satisfied, and that approval of the Signed at Washington, DC, this 18th day of Foreign-Trade Zones Board January 2000 . application is not in the public interest; [Order No. 1072] Robert S. LaRussa, Now, therefore, the Board hereby Assistant Secretary of Commerce for Import disapproves the application for subzone Grant of Authority for Subzone Status, Administration, Alternate Chairman, Foreign- status at the easy-open steel can Alfa Laval Distribution, Inc., (Separator Trade Zones Board. processing facilities of Mani Can and Decanter Centrifuge Equipment/ Attest: Corporation (Inc.), located in Mayaguez, Parts), Indianapolis, IN Dennis Puccinelli, Puerto Rico. Pursuant to its authority under the Foreign- Acting Executive Secretary. Signed at Washington, DC, this 18th day of Trade Zones Act of June 18, 1934, as [FR Doc. 00–2587 Filed 2–3–00; 8:45 am] January 2000. amended (19 U.S.C. 81a–81u), the Foreign- BILLING CODE 3510±DS±P Robert S. LaRussa, Trade Zones Board (the Board) adopts the following Order: Assistant Secretary of Commerce for Import DEPARTMENT OF COMMERCE Administration, Alternate Chairman, Foreign- Whereas, the Foreign-Trade Zones Act Trade Zones Board. provides for ‘‘ * * * the establishment Foreign Trade Zones Board Attest: * * * of foreign-trade zones in ports of Dennis Puccinelli, entry of the United States, to expedite [Order No. 1073] and encourage foreign commerce, and Acting Executive Secretary. Disapproval of Subzone Status, Mani for other purposes,’’ and authorizes the [FR Doc. 00–2588 Filed 2–3–00; 8:45 am] Can Corp. (Steel Cans), Mayaguez, Foreign-Trade Zones Board to grant to BILLING CODE 3510±DS±P Puerto Rico qualified corporations the privilege of establishing foreign-trade zones in or Pursuant to its authority under the Foreign- adjacent to U.S. Customs ports of entry; Trade Zones Act of June 18, 1934, as
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DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty Department subsequently issued the Orders; Policy Bulletin, 63 FR 18871 antidumping duty orders on HFHTs International Trade Administration (April 16, 1998) (‘‘Sunset Policy from the PRC on February 19, 1991 (56 [A±570±803, A±570±803] Bulletin’’). FR 6622). Since the imposition of the orders, the Department has conducted Scope Final Results of Expedited Sunset several administrative reviews.1 The Reviews: Axes and Adzes and Picks Although we provide the full scope orders remain in effect for all and Mattocks From the People's language for the order on heavy forged manufacturers and exporters of the Republic of China hand tools (‘‘HFHTs’’) below, this subject merchandise from the PRC. determination applies only to the types To date, the Department has not AGENCY: Import Administration, of HFHTs which fall under the orders issued any duty absorption findings in International Trade Administration, (A–570–803) on axes and adzes and these cases. Department of Commerce. picks and mattocks from the PRC. Background ACTION: Notice of final results of HFHTs include heads for drilling, expedited sunset reviews: Axes and hammers, sledges, axes, mauls, picks, On July 1, 1999, the Department adzes and picks and mattocks from the and mattocks, which may or may not be initiated sunset reviews of the People’s Republic of China. painted, which may or may not be antidumping duty orders on axes and finished, or which may or may not be adzes and picks and mattocks from the SUMMARY: On July 1, 1999, the imported with handles; assorted bar PRC (64 FR 35588), pursuant to section Department of Commerce (‘‘the products and track tools including 751(c) of the Act. For both of the Department’’) initiated sunset reviews of wrecking bars, digging bars and reviews, the Department received the antidumping duty orders on axes tampers; and steel wool splitting notices of intent to participate on behalf and adzes and on picks and mattocks wedges. HFHTs are manufactured of O. Ames Co. and its division, from the People’s Republic of China through a hot forge operation in which Woodings-Verona (collectively, (‘‘PRC’’) (64 FR 35588) pursuant to steel is sheared to the required length, ‘‘domestic interested parties’’) on July section 751(c) of the Tariff Act of 1930, heated to forging temperature, and 16, 1999, within the deadline specified as amended (‘‘the Act’’). On the basis of formed to final shape on forging in section 351.218(d)(1)(i) of the Sunset notices of intent to participate and equipment using dies specific to the Regulations. Pursuant to section adequate substantive comments filed on desired product shape and size. 771(9)(C) of the Act, the domestic behalf of domestic interested parties and Depending on the product, finishing interested parties claimed interested inadequate responses from respondent operations may include shot-blasting, interested parties, the Department grinding, polishing, and painting, and 1 See Heavy Forged Hand Tools, Finished and the insertion of handles for handled Unfinished, With or Without Handles, from the determined to conduct expedited People’s Republic of China; Final Results of reviews. As a result of these reviews, the products. HFHTs are currently Antidumping Duty Administrative Reviews, 60 FR Department finds that revocation of the classifiable under the following 49251 (September 22, 1995); Heavy Forged Hand antidumping orders would likely lead to Harmonized Tariff Schedule (‘‘HTS’’) Tools, Finished and Unfinished, With or Without item numbers 8205.20.60, 8205.59.30, Handles, from the People’s Republic of China; Final continuation or recurrence of dumping Results of Antidumping Duty Administrative at the levels indicated in the Final 8201.30.00, and 8201.40.60. Specifically Review, 61 FR 15028 (April 4, 1996); as amended, Results of Reviews section of this excluded are hammers and sledges with Heavy Forged Hand Tools, Finished and notice. heads 1.5 kilograms (3.33 pounds) in Unfinished, With or Without Handles, from the weight and under, and hoes and rakes, People’s Republic of China; Amendment of Final EFFECTIVE DATE: February 4, 2000. Results of Antidumping Duty Administrative and bars 18 inches in length and under. Review, 61 FR 24285 (May 14, 1996); Heavy Forged FOR FURTHER INFORMATION CONTACT: The HTS item numbers are provided for Hand Tools, Finished and Unfinished, With or Darla D. Brown or Melissa G. Skinner, convenience and customs purposes Without Handles, from the People’s Republic of Office of Policy for Import only. The written description of the China; Final Results of Antidumping Duty Administration, International Trade Administrative Review, 61 FR 51269 (October 1, scope remains dispositive. 1996); as amended, Heavy Forged Hand Tools from Administration, U.S. Department of There has been one scope ruling with the People’s Republic of China; Notice of Commerce, 14th Street and Constitution respect to the order on HFHTs from the Amendment of Final Results of Antidumping Duty Avenue, NW, Washington, DC 20230; PRC in which the Forrest Tool Administrative Review, 62 FR 24416 (May 5, 1997); telephone: (202) 482–3207 or (202) 482– Heavy Forged Hand Tools from the People’s Company’s Max Multipurpose Tool was Republic of China; Final Results of Antidumping 1560, respectively. determined to be within the scope of the Duty Administrative Reviews, 62 FR 11813 (March Statute and Regulations order (58 FR 59991; November 12, 13, 1997); Heavy Forged Hand Tools, Finished and 1993). Unfinished, With or Without Handles, from the These reviews were conducted People’s Republic of China; Final Results of These reviews cover imports from all Antidumping Duty Administrative Reviews, 63 FR pursuant to sections 751(c) and 752 of manufacturers and exporters of axes and 16758 (April 6, 1998); as amended, Amended Final the Act. The Department’s procedures adzes and picks and mattocks from the Results of Antidumping Duty Administrative for the conduct of sunset reviews are set PRC. Reviews Pursuant to Remand from the Court of forth in Procedures for Conducting Five- International Trade: Heavy Forged Hand Tools, History of the Orders Finished and Unfinished, With or Without Handles, year (‘‘Sunset’’) Reviews of from the People’s Republic of China, 63 FR 55577 Antidumping and Countervailing Duty The Department published its final (October 16, 1998) and Amended Final Results of Orders, 63 FR 13516 (March 20, 1998) affirmative determination of sales at less Antidumping Duty Administrative Reviews (‘‘Sunset Regulations’’) and 19 CFR Part than fair value (‘‘LTFV’’) with respect to Pursuant to Remand from the Court of International Trade: Heavy Forged Hand Tools, Finished and 351 (1999) in general. Guidance on imports of HFHTs from the PRC on Unfinished, With or Without Handles, from the methodological or analytical issues January 3, 1991 (56 FR 241). In this People’s Republic of China: Correction, 64 FR 851 relevant to the Department’s conduct of determination, the Department (January 6, 1999); Heavy Forged Hand Tools, sunset reviews is set forth in the published four country-wide weighted- Finished and Unfinished, With or Without Handles, from the People’s Republic of China; Final Results Department’s Policy Bulletin 98:3— average dumping margins, one each for and Partial Recission of Antidumping Duty Policies Regarding the Conduct of Five- hammers/sledges, bars/wedges, picks/ Administrative Reviews, 64 FR 43659 (August 11, year (‘‘Sunset’’) Reviews of mattocks and axes/adzes. The 1999).
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As noted above, in conducting its Corp., as calculated in the fourth Final Results of Reviews sunset reviews, the Department administrative review; and 50.81 As a result of these reviews, the considers the weighted-average percent for Tianjin Machinery Import & Department finds that revocation of the dumping margins and volume of Export Corp., Liaoning Machinery antidumping orders would likely lead to imports when determining whether Import & Export Corp. and Shandong continuation or recurrence of dumping revocation of an antidumping duty Huarong General Group Corp., as at the margins listed below: order would lead to the continuation or calculated in the original investigation. recurrence of dumping. Based on this The domestic interested parties argue Margin analysis, the Department finds that the further that, in the case of picks/ PRC-wide (percent) existence of dumping margins above de mattocks, while the dumping margins minimis levels is highly probative of the calculated by the Department have Axes/adzes ...... 15.02 likelihood of continuation or recurrence fluctuated, the margins have increased Picks/mattocks ...... 50.81 of dumping. A deposit rate above a de for most of the PRC producers. minimis level continues in effect for The respondents argue that the This notice serves as the only exports of the subject merchandise by at dumping margin likely to prevail if the reminder to parties subject to least one Chinese manufacturer/ orders were revoked would be zero, but administrative protective order (‘‘APO’’) exporter. Therefore, given that dumping no higher than the average margin for of their responsibility concerning the has continued over the life of the orders, the latest reviews. disposition of proprietary information the Department determines that The Department disagrees with both disclosed under APO in accordance dumping is likely to continue if the domestic and respondent interested with 19 CFR 351.305 of the orders were revoked. Because we are parties. As noted in the Sunset Department’s regulations. Timely basing our determination on the fact Regulations and Sunset Policy Bulletin, notification of return/destruction of that dumping has continued throughout the Department may provide to the APO materials or conversion to judicial the life of the orders, it is not necessary Commission a more recently calculated protective order is hereby requested. to address respondent’s arguments margin for a particular company where Failure to comply with the regulations concerning demand. dumping margins increased after the and the terms of an APO is a issuance of the order where that sanctionable violation. Magnitude of the Margin particular company increased dumping These five-year (‘‘sunset’’) reviews In the Sunset Policy Bulletin, the to maintain or increase market share. In and notices are in accordance with Department stated that it normally will these cases, the domestic interested sections 751(c), 752, and 777(i)(1) of the provide to the Commission the margin parties do not provide any company- Act. that was determined in the final specific argument or evidence that any Dated: January 28, 2000. determination in the original Chinese companies have increased Holly A. Kuga, investigation. Further, for companies dumping in order to maintain or gain not specifically investigated or for market share or increase import Acting Assistant Secretary for Import Administration. companies that did not begin shipping volumes. Moreover, while it is true that until after the order was issued, the dumping margins have increased for [FR Doc. 00–2581 Filed 2–3–00; 8:45 am] Department normally will provide a some Chinese companies, we have no BILLING CODE 3510±DS±P margin based on the ‘‘all others’’ rate company-specific information from the investigation. (See section demonstrating that imports of the DEPARTMENT OF COMMERCE II.B.1 of the Sunset Policy Bulletin.) subject merchandise have increased Exceptions to this policy include the over the life of the orders. Since we International Trade Administration use of a more recently calculated have no company-specific information margin, where appropriate, and correlating an increase in exports for [A±307±815] consideration of duty absorption one company with an increase in the determinations. (See sections II.B.2 and dumping margin for that particular Postponement of Final Determination 3 of the Sunset Policy Bulletin.) We note company, we cannot conclude that the of Antidumping Duty Investigation of that, to date, the Department has not use of more recently calculated margins Cold-Rolled Flat-Rolled Carbon-Quality issued any duty absorption findings in is warranted in this case. Further, we do Steel From Venezuela either of these cases. not agree with the respondents that a AGENCY: Import Administration, In their substantive responses, the more recently calculated margin is International Trade Administration, domestic interested parties recommend appropriate, because we have no Department of Commerce. that the Department deviate from its company-specific information ACTION: Notice of postponement of final normal practice of using margins from demonstrating that the lower, more determination of antidumping the original investigation and instead recent rates are associated with steady use margins from a more recent or increasing imports. investigation of cold-rolled steel from administrative review. In the case of Therefore, consistent with the Sunset Venezuela. axes/adzes, the domestic interested Policy Bulletin, the Department finds SUMMARY: The Department of Commerce parties recommend using the PRC-wide that the margins calculated in the (the Department) is extending the time margin of 21.92 calculated in the fourth original investigation are probative of limit of the final determination of the administrative review. For picks/ the behavior of Chinese producers/ antidumping investigation of cold-rolled mattocks, the domestic interested exporters if the orders were revoked as flat-rolled carbon-quality steel from parties argue that the dumping margins they are the only margins which reflect Venezuela. likely to prevail if the orders were their behavior absent the discipline of revoked would be 98.77 percent for the orders. As such, the Department will EFFECTIVE DATE: February 4, 2000. Fujian Machinery & Equipment Import report to the Commission the PRC-wide FOR FURTHER INFORMATION CONTACT: & Export Corp., as calculated in the fifth rates from the original investigations as Maureen McPhillips or Linda Ludwig, administrative review; 70.31 percent for contained in the Final Results of Office of AD/CVD Enforcement, Group Shandong Machinery Import & Export Reviews section of this notice. III, Import Administration, International
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Trade Administration, U.S. Department DEPARTMENT OF COMMERCE to provide written comments on the of Commerce, 14th Street and agreement. We received comments from Constitution Avenue, NW, Washington, International Trade Administration petitioners (Bethlehem Steel Corp., Gulf DC 20230; telephone (202) 482–0193 or A±821±810 States Steel Inc., Ispat Inland Inc., LTV (202) 482–3833, respectively. Steel Company, Inc., National Steel Suspension of Antidumping Duty Corp., Steel Dynamics Inc., U.S. Steel The Applicable Statute Investigation: Cold-Rolled Flat-Rolled Group (a Unit of USX Corp.), Weirton Steel Corporation, and Independent Unless otherwise indicated, all Carbon-Quality Steel Products From Steelworkers Union) on December 29, citations to the Tariff Act of 1930 (the the Russian Federation 1999. We have taken these comments Act), as amended, are references to the AGENCY: Import Administration, into account in the final version of the provisions effective January 1, 1995, the International Trade Administration, suspension agreement. effective date of the amendments made Department of Commerce. to the Act by the Uruguay Round The Department and MOT signed the SUMMARY: The Department of Commerce final suspension agreement on January Agreements Act (URAA). In addition, all (‘‘the Department’’) has suspended the 13, 2000. citations to the Department’s regulations antidumping duty investigation are to the regulations at 19 CFR Part 351 involving cold-rolled flat-rolled carbon- Scope of Investigation (April 1999). quality steel products (‘‘cold-rolled For a complete description of the steel’’) from the Russian Federation Postponement of Final Determinations scope of the investigation, see (‘‘Russia’’). The basis for this action is Agreement Suspending the and Extension of Provisional Measures an agreement between the Department Antidumping Investigation on Cold- and the Ministry of Trade of the Russian Pursuant to Section 735(a)(2) of the Rolled Flat-Rolled Carbon Quality Steel Federation (‘‘MOT’’) accounting for Tariff Act, on January 6, 2000, Products from the Russian Federation, substantially all imports of cold-rolled Siderurgica del Orinoco, C.A. (Sidor) Appendix III, signed January 13, 2000, steel from Russia, wherein the MOT has requested that the Department postpone attached hereto. agreed to restrict exports of cold-rolled the final determination in this case for steel from all Russian producers/ Suspension of Investigation the full sixty days permitted by the exporters to the United States and to statute. Sidor’s request meets the ensure that such exports are sold at or The Department consulted with the requirements of section 735(a)(2)(A) above the agreed reference price. parties to the proceeding and has because Sidor is the only Venezuelan considered the comments submitted EFFECTIVE DATE: January 13, 2000. exporter of the subject merchandise to with respect to the proposed suspension the United States, and the preliminary FOR FURTHER INFORMATION CONTACT: Jean agreement. In accordance with section determination in this investigation was Kemp or Maria Dybczak at (202) 482– 734(l) of the Act, we have determined 4037 and (202) 482–5811, respectively, affirmative. Further, pursuant to section that the agreement will prevent the Antidumping and Countervailing Duty 733(d) and 19 CFR 351.210(e)(2), Sidor suppression or undercutting of price Enforcement Group III, Import requested that the Department extend levels of domestic products by imports Administration, International Trade of the merchandise under investigation the period that provisional measures Administration, U.S. Department of may remain in effect from four months (see Price Suppression Memorandum, Commerce, 14th Street and Constitution dated January 13, 2000), that the to not more than six months (i.e., Avenue, NW, Washington, DC 20230. suspension of liquidation). This notice agreement is in the public interest, and SUPPLEMENTARY INFORMATION: serves to postpone this final that the agreement can be monitored effectively (see Public Interest determination for 60 days (i.e., until no Background Memorandum, dated January 13, 2000). later than 135 days after the date of On June 21, 1999, the Department We find, therefore, that the criteria for publication of the preliminary initiated an antidumping duty suspension of an investigation pursuant determination). Suspension of investigation under section 732 of the to section 734(l) of the Act have been liquidation will be extended Tariff Act of 1930 (‘‘the Act’’), as met. The terms and conditions of this accordingly. amended, to determine whether imports agreement, signed January 13, 2000, are This notice of postponement is of cold-rolled steel from Russia are set forth in Appendix 1 to this notice. being, or are likely to be, sold in the published pursuant to 19 CFR Pursuant to section 734(f)(2)(A) of the United States at less than fair value (64 351.210(g). Act, the suspension of liquidation of all FR 34194). On July 16, 1999, the United entries of cold-rolled steel from Russia Dated: January 18, 2000. States International Trade Commission entered, or withdrawn from warehouse, Robert S. LaRussa, (‘‘ITC’’) notified the Department of its for consumption, as directed in our affirmative preliminary finding of threat Assistant Secretary for Import notice of Preliminary Determination of Administration. of material injury in this case (see ITC Sales at Less than Fair Value: Cold- Investigation Nos. 701–TA–393–396 and [FR Doc. 00–1844 Filed 2–3–00; 8:45 am] Rolled Flat-Rolled Carbon Quality Steel 731–TA–829–840). On November 10, BILLING CODE 3510±DS±P Products from the Russian Federation 1999, the Department published its (64 FR 61261 (November 10, 1999)), is preliminary determination that cold- hereby terminated. rolled steel is being, or is likely to be, sold in the United States at less than fair Any cash deposits on entries of cold- value (‘‘LTFV’’), as provided in section rolled steel from Russia pursuant to that 733 of the Act (64 FR 61261). suspension of liquidation shall be The Department and MOT initialed a refunded and any bonds shall be proposed agreement suspending this released. investigation on December 10, 1999, at This notice is published pursuant to which time we invited interested parties section 734(f)(1)(A) of the Act.
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Dated: January 18, 2000. H. ‘‘Party to the Proceeding’’ means any B. When Cold-Rolled Steel is imported into Robert S. LaRussa, producer, exporter, or importer of Cold- the United States and is subsequently re- Rolled Steel, union of workers engaged in the Assistant Secretary for Import exported, or re-packaged and re-exported, or production of Cold-Rolled Steel, association further processed (but still covered by this Administration. of such parties, or the government of any Agreement) and re-exported, the amount re- Appendix 1—Agreement Suspending country from which such merchandise is exported shall be deducted from the amounts the Antidumping Investigation on Cold- exported, that actively participated in the of exports that have been counted against the Rolled Flat-Rolled Carbon-Quality Steel antidumping investigation, through written export limit for the Export Limit Period in submission of factual information or written which the re-export takes place. The Products From the Russian Federation argument, as described in more detail in deduction will be applied only after DOC has For the purpose of encouraging free and Appendix II. received, and has had the opportunity to fair trade in certain Cold-Rolled Flat-Rolled I. ‘‘Export Limit Period’’ means one of the verify, evidence demonstrating the original Carbon Quality Steel Products (‘‘Cold-Rolled following periods: importation, any repackaging or further Steel’’) from the Russian Federation Initial Export Limit Period—The Initial processing, and subsequent exportation. (‘‘Russia’’), establishing more normal market Export Limit Period shall begin on January 1, C. MOT will not issue Export Licenses relations, and preventing the suppression or 2000, and end on December 31, 2000. authorizing the exportation to the United undercutting of price levels of the like Subsequent Export Limit Periods—The States of Cold-Rolled Steel covered by this product in the United States, the United Subsequent Export Limit Periods shall Agreement in any half of any Export Limit States Department of Commerce (‘‘DOC’’) and consist of each subsequent one-year period, Period that exceeds 60 percent of the export the Ministry of Trade of the Russian the first of which will begin the day after the limit for that Export Limit Period. Federation (‘‘MOT’’) of Russia enter into this Initial Export Limit Period ends and end one D. Notwithstanding any other provision of suspension agreement (‘‘the Agreement’’). year later. this Agreement, except Paragraph IV.B., up to MOT will restrict exports of Cold-Rolled J. ‘‘Reference Price’’ means the floor price 15 per cent of the export limit for any Export Steel from all Russian producers and calculated by DOC for sales of Cold-Rolled Limit Period may be carried over to the exporters to the United States, as provided Steel for export to the United States, as Subsequent Export Limit Period and up to 15 below. DOC, pursuant to the U.S. described in Article III. per cent of the export limit for any Export antidumping law (see Appendix II), on the K. ‘‘United States’’ means the customs Limit Period may be carried back to the last Effective Date of this Agreement, will territory of the United States of America (the 60 days of the previous Export Limit Period. suspend its antidumping investigation of 50 States, the District of Columbia and Puerto Any carried over or carried back allowance Cold-Rolled Steel from Russia and instruct Rico) and foreign trade zones located within shall be counted against the export limit for the U.S. Customs Service (‘‘Customs’’) the territory of the United States. the previous or subsequent Export Limit immediately to terminate the suspension of L. ‘‘U.S. Purchaser’’ means the first Period, respectively. liquidation and release any cash deposit or purchaser in the United States that is not E. If DOC receives information indicating bond posted for entries of Cold-Rolled Steel affiliated with the Russian producer or that Cold-Rolled Steel from Russia may have covered by this Agreement. exporter and all subsequent purchasers, from entered into the United States in excess of Accordingly, DOC and MOT agree as trading companies to consumers. the export limits established in Paragraph follows: M. ‘‘Violation’’ means noncompliance with II.A or below the reference price established the terms of this Agreement, whether through in Paragraph III.C, DOC shall notify MOT of I. Definitions an act or omission, except for noncompliance those entries and provide to MOT all of the For purposes of this Agreement, the that is inconsequential, inadvertent, or does information concerning those entries that following definitions apply: not substantially frustrate the purposes of DOC is able to disclose consistent with U.S. A. ‘‘Apparent U.S. Domestic this Agreement. law. MOT shall respond within 15 days. If Consumption’’ means apparent U.S. domestic the information continues to indicate that consumption determined using official II. Export Limits these entries were in excess of the export statistics of the U.S. Bureau of the Census A. No Cold-Rolled Steel covered by this limits or below the reference price, DOC shall regarding imports and exports, and data from Agreement, whether exported directly or provide MOT with an opportunity for prompt the American Iron and Steel Institute indirectly from Russia, shall be entered into consultations, which shall be completed regarding domestic shipments, based on the the United States unless, when cumulated within 60 days after DOC’s initial methodology described in Appendix IV of with all prior entries of Cold-Rolled Steel notification. Once the consultations have this Agreement. exported from Russia during the Export Limit been completed, unless DOC concludes that B. ‘‘Date of Export’’ of Cold-Rolled Steel Period in which that Cold-Rolled Steel was the entries were not in excess of the export into the United States shall be the date on exported, it does not exceed the export limits limits or below the reference price, DOC shall which MOT issued the Export License. set forth below. count against the export limit for either the C. ‘‘Date of Sale’’ means the date on which 1. The export limit for the Initial Export current or subsequent Export Limit Period, as price and quantity become firm, e.g., the date Limit Period (January 1, 2000, to December appropriate, 125 percent of the volume of the the contract is signed or the specification 31, 2000) shall be 340,000 metric tons of entries in excess of the export limits or below date if the price and quantity become firm on Cold-Rolled Steel. the reference price. When a Russian producer that date, as reflected in Russian producers’ 2. The export limit for each subsequent or exporter was responsible for the entries in records kept in the ordinary course of Export Limit Period will be adjusted by: excess of the export limits or below the business. (a) First, the export limit for the previous reference price, MOT shall deny that D. ‘‘Effective Date’’ of this Agreement Export Limit Period shall be increased by producer or exporter Export Licenses for six means [Signature Date]. three per cent of that export limit; months following the last date of entry. E. ‘‘Export License’’ is the document issued (b) Second, the number obtained under When any other entity was involved with the by MOT that serves as both an export limit paragraph (a) shall be increased or decreased entries in excess of the export limits or below certificate and a certificate of origin. by the result of multiplying the export limit the reference price, MOT shall, for one year F. ‘‘Cold-Rolled Steel’’ means the certain for the previous Export Limit Period by the after the last date of entry, deny Export cold-rolled, flat-rolled, carbon quality steel percent change (up to three percent) in Licenses for the distribution of any Cold- products from Russia described in Appendix apparent U.S. domestic consumption of Cold- Rolled Steel involving that entity. The III. Rolled Steel during the most recent 12 provisions of this section do not supercede G. ‘‘Indirect Exports’’ means exports of months for which data are available at the the provisions of Article IX of this Agreement Cold-Rolled Steel from Russia to the United time the DOC makes this calculation, if DOC determines that the entries were in States through one or more third countries, compared to the previous 12 months (as excess of the export limits or below the whether or not such exports are further described in Appendix IV). reference price. processed, provided that the further 3. DOC shall determine export limits for processing does not result in a substantial each Subsequent Export Limit Period no later III. Reference Price transformation or a change in the country of than 60 days prior to the beginning of that A. MOT will ensure that Cold-Rolled Steel origin. Export Limit Period. covered by this Agreement will not be sold
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A. Exports to the United States 5. Date of Export: Date Export License/ (B) The government of a country in which MOT will provide all Export Licenses Temporary Document is issued, if any. such merchandise is produced or issued to Russian entities, which shall 6. Date of Entry: Date the merchandise manufactured or from which such contain the following information with the entered the third country or the date a book merchandise is exported, exception that information requested in item transfer took place. (C) A manufacturer, producer, or #9, date of entry, item #10, importer of 7. Importer of Record: Name and address. wholesaler in the United States of a domestic record, item #16, final destination, and item 8. Customer: Name and address of the first like product, #17, other, may be omitted if unknown to unaffiliated party purchasing from the (D) A certified union or recognized union MOT and the licensee. Russian exporter. or group of workers which is representative 1. Export License/Temporary Document: 9. Customer Relationship: Indicate whether of an industry engaged in the manufacture, Indicate the number(s) relating to each sale the customer is affiliated or unaffiliated. production, or wholesale in the United States and or entry. 10. Other: The identity of any party(ies) in of a domestic like product, 2. Description of Merchandise: Include the the transaction chain between the customer (E) A trade or business association a 10 digit HTS category, the ASTM or and the final destination. majority of whose members manufacture, produce, or wholesale a domestic like equivalent grade, and the width and C. Home Market Sales thickness of merchandise. product in the United States, Pursuant to Paragraph VII.A, the MOT will 3. Quantity: Indicate in metric tons. (F) An association, a majority of whose provide home market volume and value 4. F.O.B. Sales Value: Indicate value and members is composed of interested parties information for sales of Cold-Rolled Steel, currency used. described in subparagraph (C), (D), or (E) upon request. The following information 5. Unit Price: Indicate unit price per metric with respect to a domestic like product. shall be provided with the exception of item ton and currency used. #6, other, if unknown to MOT and the Appendix III 6. Date of Sale: The date all essential terms Russian producer/exporter. of the order (i.e, price and quantity) become For purposes of this Agreement, Certain 1. Quantity: Indicate in original units of fixed. Cold-Rolled Flat-Rolled Carbon Quality Steel measure sold and/or entered in metric tons. 7. Sales Order Number(s): Indicate the Products are defined as the following: 2. Date of Sale: The date all essential terms number(s) relating to each sale and/or entry. Certain cold-rolled (cold-reduced) flat- of order (i.e., price and quantity) become 8. Date of Export: Date the Export License/ rolled carbon-quality steel products, neither fixed. Temporary Document is Issued. clad, plated, nor coated with metal, but 3. Sales Order Number(s): Indicate the 9. Date of Entry: Date the merchandise whether or not annealed, painted, varnished, number(s) relating to each sale and/or entry. entered the United States or the date book or coated with plastics or other non-metallic 4. Customer: Name and address of the first transfer took place. substances, both in coils, 0.5 inch wide or unaffiliated party purchasing from the 10. Importer of Record: Name and address. wider, (whether or not in successively Russian exporter. 11. Trading Company: Name and address superimposed layers and/or otherwise coiled, 5. Customer Relationship: Indicate whether of trading company involved in sale. such as spirally oscillated coils), and also in the customer is affiliated or unaffiliated. 12. Customer: Name and address of the straight lengths, which, if less than 4.75 mm 6. Other: The identity of any party(ies) in first unaffiliated party purchasing from the in thickness having a width that is 0.5 inch the transaction chain between the customer Russian exporter. or greater and that measures at least 10 times and the final destination. 13. Customer Relationship: Indicate the thickness; or, if of a thickness of 4.75 mm whether the customer is affiliated or Appendix II or more, having a width exceeding 150 mm unaffiliated to the Russian exporter. and measuring at least twice the thickness. Section 734 (1) of the Tariff Act of 1930 as The products described above may be 14. Allocation to Exporter: Indicate the amended, provides, in part, as follows: total amount of quota allocated to the rectangular, square, circular or other shape individual exporter during the Relevant (1) Special Rule for Non-Market Economy and include products of either rectangular or Period. Countries. non-rectangular cross-section where such 15. Allocation Remaining: Indicate the cross-section is achieved subsequent to the (I) In General.—The administering rolling process (i.e., products which have remaining export limit allocation available to authority may suspend an investigation been ‘‘worked after rolling’’) ‘‘ for example, the individual exporter during the export under this subtitle upon acceptance of an products which have been beveled or limit period. agreement with a non-market economy rounded at the edges. 16. Final Destination: The complete name country to restrict the volume of imports into Specifically included in this scope are and address of the U.S. purchaser. the United States of the merchandise under vacuum degassed, fully stabilized (commonly 17. Other: The identity of any party(ies) in investigation only if the administering referred to as interstitial-free (‘‘IF’’)) steels, the transaction chain between the customer authority determines that high strength low alloy (‘‘HSLA’’) steels, and and the final destination/U.S. purchaser. (A)—Such agreement satisfies the motor lamination steels. IF steels are requirements of subsection (d), and B. Exports Other Than to the United States recognized as low carbon steels with micro- (B)—Will prevent the suppression or Pursuant to Paragraph VI.A, MOT will undercutting of price levels of domestic alloying levels of elements such as titanium provide country-specific volume and value products by imports of the merchandise and/or niobium added to stabilize carbon and information for exports of Cold-Rolled Steel under investigation. nitrogen elements. HSLA steels are to third countries, upon request, regardless of (2) Failure of Agreements—If the recognized as steels with micro-alloying whether MOT licenses exports of Cold-Rolled administering authority determines that the levels of elements such as chromium, copper, Steel to such country(ies). The following agreement accepted under this subsection no niobium, titanium, vanadium, and information shall be provided except that longer prevents the suppression or molybdenum. Motor lamination steels information requested in item #6, date of undercutting of domestic prices of contain micro-alloying levels of elements entry, #7, importer of record, and item #10, merchandise manufactured in the United such as silicon and aluminum. other, may be omitted if unknown to MOT States, the provisions of subsection (I) shall Steel products included in the scope of this and the Russian licensee. apply. Agreement, regardless of definitions in the 1. Export License/Temporary Document: Section 771(9) of the Tariff Act of 1930, as Harmonized Tariff Schedules of the United Indicate the number(s) relating to each sale amended, provides in part, as follows: States (‘‘HTSUS’’), are products in which: (1) and/or entry, if any. (9) Interested Party—The term ‘‘interested Iron predominates, by weight, over each of 2. Quantity: Indicate in original units of party’’ means— the other contained elements; (2) the carbon measure sold and/or entered in metric tons. (A) A foreign manufacturer, producer, or content is 2 percent or less, by weight, and; 3. Date of Sale: The date all essential terms exporter, or the United States importer, of (3) none of the elements listed below exceeds of the order (i.e., price and quantity) become subject merchandise under this title or a the quantity, by weight, respectively fixed. trade or business association a majority of the indicated: 4. Sales Order Number(s): Indicate the members of which are producers, exporters, 1.80 percent of manganese, or number(s) relating to each sale and/or entry. or importers of such merchandise, 2.25 percent of silicon, or
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1.00 percent of copper, or • Ball bearing steels, as defined in the (b) semi-processed, with core loss of less 0.50 percent of aluminum, or HTSUS; than 0.085 watts/pound per mil (.001 1.25 percent of chromium, or • Tool steels, as defined in the HTSUS; inches); • 0.30 percent of cobalt, or • Silico-manganese steel, as defined in the Certain shadow mask steel, which is 0.40 percent of lead, or HTSUS; aluminum killed cold-rolled steel coil that is 1.25 percent of nickel, or open coil annealed, has an ultra-flat, • Silicon-electrical steels, as defined in the 0.30 percent of tungsten, or isotropic surface, and which meets the 0.10 percent of molybdenum, or HTSUS, that are grain-oriented; • following characteristics: 0.10 percent of niobium (also called Silicon-electrical steels, as defined in the Thickness: 0.001 to 0.010 inches. columbium), or HTSUS, that are not grain-oriented and that Width: 15 to 32 inches. 0.15 percent of vanadium, or have a silicon level exceeding 2.25 percent; • 0.15 percent of zirconium. All products (proprietary or otherwise) CHEMICAL COMPOSITION All products that meet the written physical based on an alloy ASTM specification description, and in which the chemistry (sample specifications: ASTM A506, A507); Element ...... C quantities do not exceed any one of the noted • Silicon-electrical steels, as defined in the Weight % ...... <0.002% element levels listed above, are within the HTSUS, that are not grain-oriented and that scope of this Agreement unless specifically have a silicon level less than 2.25 percent, • Certain flapper valve steel, which is excluded. The following products, by way of and hardened and tempered, surface polished, example, are outside and/or specifically (a) fully-processed, with a core loss of less and which meets the following excluded from the scope of this Agreement: than 0.14 watts/pound per mil (.001 characteristics: • ≤ SAE grades (formerly also called AISI inches), or Thickness: 1.0 mm grades) above 2300; Width: ≤152.4 mm
CHEMICAL COMPOSITION
Element ...... C Si Mn P S Weight ...... 0.90±1.05 0.15±0.35 0.30±0.50 ≤ 0.03 ≤ 0.006
MECHANICAL PROPERTIES
Tensile Strength ...... ≥ 162 Kgf/mm2 Hardness ...... ≥ 475 Vickers hardness number
PHYSICAL PROPERTIES
Flatness ...... < 0.2% of nominal strip width
Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percentage) and are undissolved in the uniform tempered martensite.
NON-METALLIC INCLUSION
Area percentage
Sulfide Inclusion ...... ≤ 0.04% Oxide Inclusion ...... ≤ 0.05%
Compressive Stress: 10 to 40 Kgf/mm2
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SURFACE ROUGHNESS
Thickness (mm) ...... Roughness (µm) t ≤ 0.209 ...... Rz ≤ 0.5 0.209 < t ≤ 0.310 ...... Rz ≤ 0.6 0.310 < t ≤ 0.440 ...... Rz ≤ 0.7 0.440 < t ≤ 0.560 ...... Rz ≤ 0.8 0.560 < t ...... Rz ≤ 1.0
• Certain ultra thin gauge steel strip, which meets the following characteristics: Thickness: ≤ 0.100 mm ±7% Width: 100 to 600 mm
CHEMICAL COMPOSITION
Element ...... C Mn P S Al Fe Weight % ...... ≤ 0.07 0.2±0.5 ≤ 0.05 ≤ 0.05 ≤ 0.07 Balance
MECHANICAL PROPERTIES
Hardness ...... Full Hard (Hv 180 minimum) Total Elongation ...... <3% Tensile Strength ...... 600 to 850 N/mm2
PHYSICAL PROPERTIES
Surface Finish ...... ≤0.3 micron Camber (in 2.0 m) ...... <3.0 mm Flatness (in 2.0 m) ...... ≤0.5 mm Edge Burr ...... <0.01 mm greater than thickness Coil Set (in 1.0 m) ...... <75.0 mm
• Certain silicon steel, which meets the following characteristics: Thickness: 0.024 inches ± .0015 inches Width: 33 to 45.5 inches
CHEMICAL COMPOSITION
Element ...... C Mn P S Si Al Min. Weight % ...... 0.65 Max. Weight % ...... 0.004 0.4 0.09 0.009 0.4
MECHANICAL PROPERTIES
Hardness ...... B 60±75 (AIM 65)
PHYSICAL PROPERTIES
Finish ...... Smooth (30±60 microinches) Gamma Crown (in 5 inches) ...... 0.0005 inches, start measuring 1¤4 inch from slit edge Flatness ...... 20 I±UNIT max. Coating ...... C3A±.08A max. (A2 coating acceptable) Camber (in any 10 feet) ...... 1¤16 inch Coil Size I.D...... 20 inches
MAGNETIC PROPERTIES
Core Loss (1.5T/60 Hz) NAAS ...... 3.8 Watts/Pound max. Permeability (1.5T/60 Hz) NAAS ...... 1700 gauss/oersted typical 1500 minimum
• Certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: Thickness: 0.025 to 0.245 mm Width: 381–1000 mm
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CHEMICAL COMPOSITION
Element ...... C N Al Weight % ...... <0.01 0.004 to 0.007 <0.007
• Certain tin mill black plate, annealed and temper-rolled, continuously cast, which meets the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Mn P S Si Al As Cu B N Min. Weight % ...... 0.02 0.20 0.03 0.003 Max. Weight % ...... 0.06 0.40 0.02 0.023 0.03 0.08 (Aiming 0.02 0.08 0.008 (Aiming (Aim- 0.05) 0.005) ing 0.018 Max.)
Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides > 1 micron (0.000039 inches) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inches) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating.
SURFACE FINISH
Roughness, RA Microinches (Micrometers) Aim Min. Max.
Extra Bright ...... 5 (0.1) 0 (0) 7 (0.2)
Certain full hard tin mill black plate, continuously cast, which meets the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Mn P S Si Al As Cu B N Min. Weight % ...... 0.02 0.20 0.03 0.003 Max. Weight % ...... 0.06 0.40 0.02 0.023 0.03 0.08 0.02 0.08 0.008 (Aim- (Aiming (Aiming ing 0.005) 0.018 0.05) Max.)
Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides > 1 micron (0.000039 inches) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inches) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating.
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SURFACE FINISH
Roughness, RA Microinches (Micrometers) Aim Min. Max.
Stone Finish ...... 16 (0.4) 8 (0.2) 24 (0.6)
Certain ‘‘blued steel’’ coil (also know as ‘‘steamed blue steel’’ or ‘‘blue oxide’’) with a thickness and size of 0.38 mm × 940 mm × coil, and with a bright finish; Certain cold-rolled steel sheet, which meets the following characteristics: Thickness (nominal): ≤ 0.019 inches Width: 35 to 60 inches
CHEMICAL COMPOSITION
Element ...... C O B Max. Weight % ...... 0.004 ...... Min. Weight % ...... 0.010 0.012
Certain band saw steel, which meets the following characteristics:Thickness: ≤ 1.31 mmWidth: ≤ 80 mm
CHEMICAL COMPOSITION
Element ...... C Si Mn P S Cr Ni Weight % ...... 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≤ 0.03 ≤ 0.007 0.3 to 0.5 ≤ 0.25
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Other properties: Canada and Petrosul International should have had knowledge that the sulphur Carbide: fully spheroidized having > 80% (‘‘Petrosul’’). We have reviewed Petrosul’s was exported to the United States. For the of carbides, which are ≤ 0.003 mm and March 10, 1999, response letter to the Husky-produced sulphur that you bought uniformly dispersed Department’s original questionnaire, and and then resold to other parties in Canada, Surface finish: bright finish free from pits, have identified certain areas which require please provide the U.S. customer name(s) scratches, rust, cracks, or seams additional information (see enclosure). and address(es). Smooth edges Enclosed is a supplemental questionnaire 2. Also, please state whether you Edge camber (in each 300 mm of length): addressing certain deficiencies in your purchased sulphur from other Canadian ≤ 7 mm arc heightCross bow (per inch of response letter (See Attachment I). Please producers for which either you or another width): 0.015 mm max. submit your response to: The Department of reseller had knowledge or should have had The merchandise subject to this Agreement Commerce, International Trade knowledge that it was exported to the United is typically classified in the HTSUS at Administration, Central Records Room B– States. If yes, please provide the name(s), subheadings: 7209.15.0000, 7209.16.0030, 099, Washington, D.C. 20230, Attn: Brandon address(es), and the contract(s) in effect 7209.16.0060, 7209.16.0090, 7209.17.0030, Farlander, AD/CVD Enforcement, Office 9. during the POR, for all parties involved (i.e., 7209.17.0060, 7209.17.0090, 7209.18.1530, In responding to this supplemental Canadian sulphur producers, Canadian 7209.18.1560, 7209.18.2550, 7209.18.6000. questionnaire, please follow the ‘‘Instructions resellers, and U.S. customers). Please state 7209.25.0000, 7209.26.0000, 7209.27.0000, for Filing the Response’’ and ‘‘Instructions whether, for each party you sold sulphur to 7209.28.0000, 7209.90.0000, 7210.70.3000, for Preparing the Response’’ sections of the for which you knew or should have known 7210.90.9000, 7211.23.1500, 7211.23.2000, antidumping questionnaire. that this sulphur was destined for the United 7211.23.3000, 7211.23.4500, 7211.23.6030, Please submit your response no later than States, the party knew who produced the 7211.23.6060, 7211.23.6085, 7211.29.2030, February 2, 2000. This investigation is on a sulphur. Finally, please explain your sulphur 7211.29.2090, 7211.29.4500, 7211.29.6030, schedule dictated by law. If you fail to selling activities, including the shipment 7211.29.6080, 7211.90.0000, 7212.40.1000, provide accurately the information requested process and the substance of your oral and 7212.40.5000, 7212.50.0000, 7225.19.0000, within the time provided, the Department written communications, with respect to 7225.50.6000, 7225.50.7000, 7225.50.8010, may be required to base its findings on the these parties. facts available. Upon receipt of a response 7225.50.8085, 7225.99.0090, 7226.19.1000, [FR Doc. 00–1845 Filed 2–3–00; 8:45 am] 7226.19.9000, 7226.92.5000, 7226.92.7050, that is incomplete or deficient to the extent 7226.92.8050, and 7226.99.0000. the Department considers it non-responsive, BILLING CODE 3510±DS±P Although the HTSUS subheadings are the Department will not issue additional provided for convenience and U.S. Customs supplemental questionnaires, but will use Service (‘‘U.S. Customs’’) purposes, the facts available. If you fail to cooperate with DEPARTMENT OF COMMERCE written description of the merchandise under the Department by not acting to the best of this Agreement is dispositive. your ability to comply with a request for International Trade Administration information, the Department may use Appendix IV information that is adverse to your interest in [A±821±810] conducting its analysis. For purposes of this Agreement, Apparent Notice of Final Determination of Sales U.S. Domestic Consumption will be The information which you submit is estimated as follows, using data provided by subject to verification. Failure to allow at Less Than Fair Value: Certain Cold- the American Iron and Steel Institute and the verification of any item may affect the Rolled Flat-Rolled Carbon-Quality Steel U.S. Bureau of the Census in the following consideration which we will accord to that Products From the Russian Federation manner: item or to any other material, whether or not AGENCY: Import Administration, Apparent Consumption = we verify the latter. 3 If you have any questions on this matter, International Trade Administration, Domestic Shipments of Cold-Rolled Steel Department of Commerce. + Imports of Cold-Rolled Steel 4 please contact Brandon Farlander at (202) ¥ Exports of Cold-Rolled Steel 5 482–0182. EFFECTIVE DATE: February 4, 2000. The definition of shipments used here, Sincerely, FOR FURTHER INFORMATION CONTACT: while as close as practically possible, is not Rick Johnson, Michael Panfeld or Rick Johnson, identical to the imports as defined in Program Manager, AD/CVD Enforcement, Import Administration, International Paragraph I.F and Appendix III of this Office 9. Trade Administration, U.S. Department Agreement. Enclosure. of Commerce, 14th Street and A–122–047 Constitution Avenue, NW, Washington, ARP: 12/01/97–11/30/98 Attachment I—Elemental Sulphur From DC 20230; telephone: (202) 482–0172 Public Document Canada; Supplemental Questionnaire and (202) 482–3818, respectively. IA/III/IX: BF Petrosul International (‘‘Petrosul’’) Petrosul International, c/o Bill Turner, 3380 In your March 10, 1999, letter response to The Applicable Statute 150 6th Avenue, S.W., Calgary, Alberta, the Department, you stated that Petrosul did Unless otherwise indicated, all Canada T2P 3Y7 not ship any sulphur to the United States citations to the statute are references to during the period of review (‘‘POR’’). Re: Antidumping Duty Review of Elemental the provisions effective January 1, 1995, Sulphur from Canada However, you stated that Petrosul did Dear Mr. Turner: This concerns the purchase sulphur from Husky Oil, Ltd. the effective date of the amendments antidumping review Elemental Sulphur from (‘‘Husky’’), which was resold to other parties made to the Tariff Act of 1930 (‘‘the in Canada, some of which was exported by Act’’) by the Uruguay Round 3 Cold-Rolled Steel = Black Plate (AISI Data) + other parties to the United States. Based on Agreements Act (‘‘URAA’’). In addition, Cold-Rolled Sheets (AISI Data) + Cold-Rolled Strip this information, please answer the following unless otherwise indicated, all (AISI Data). questions. references to the Department’s 4 Imports of Cold-Rolled Steel = Black Plates 1. As noted above, you state that you regulations are to the provisions (AISI Data) + Cold-Rolled Sheets (AISI Data) + Cold- purchased suplhur from Husky, some of codified at 19 CFR Part 351 (1998). Rolled Strip (AISI Data) + Imports of HTS Numbers which was eventually exported to the United 7210.90.9000, 7212.50.0000, 7225.19.0000, States by other parties. Please provide your Final Determination 7225.50.6000, 7226.19.1000, and 7226.19.9000 sulphur contract(s) with Husky in effect (Data from the U.S. Bureau of the Census on during the POR for these transactions, We determine that certain cold-rolled Imports for Consumption, as reported by the flat-rolled carbon-quality steel products International Trade Commission’s Trade DataWeb). including an explanation of your shipment 5 Exports of Cold-Rolled Steel = Black Plates (AISI process. Also, please provide the name and (‘‘cold-rolled steel products’’) from the Data) + Cold-Rolled Sheets (AISI Data) + Cold- address to whom you sold Husky-produced Russian Federation (‘‘Russia’’) are being, Rolled Strip (AISI Data). sulfur to and identify who had knowledge or or are likely to be, sold in the United
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States at less than fair value (‘‘LTFV’’), International Trade Commission (‘‘ITC’’) listed below exceeds the quantity, by as provided in section 735 of the Act. determines that material injury exists, weight, respectively indicated: The estimated margins of sales at LTFV the Suspension Agreement shall remain 1.80 percent of manganese, or are shown in the ‘‘Final LTFV Margin’’ in force but the Department shall not 2.25 percent of silicon, or section of this notice. issue an antidumping order so long as 1.00 percent of copper, or the Suspension Agreement remains in Case History 0.50 percent of aluminum, or force, the Suspension Agreement Petitioners in this investigation are 1.25 percent of chromium, or continues to meet the requirements of 0.30 percent of cobalt, or Bethlehem Steel Corporation, Gulf subsections (d) and (l) of section 734 of 0.40 percent of lead, or States Steel, Ispat Inland Steel, LTV the Act, and the parties to the 1.25 percent of nickel, or Steel Company Inc., National Steel Suspension Agreement carry out their Corporation, Steel Dynamics, U.S. Steel obligations under the Suspension 0.30 percent of tungsten, or Group (a unit of USX Corporation), Agreement in accordance with its terms. 0.10 percent of molybdenum, or Weirton Steel Corporation, United 0.10 percent of niobium (also called Steelworkers of America, and the Scope of Investigation columbium), or Independent Steelworkers Union For purposes of this investigation, the 0.15 percent of vanadium, or (collectively ‘‘petitioners’’). products covered are certain cold-rolled 0.15 percent of zirconium. Respondents in this investigation are (cold-reduced) flat-rolled carbon-quality All products that meet the written JSC Severstal (‘‘Severstal’’) and steel products, neither clad, plated, nor physical description, and in which the Novolipetsk Iron & Steel Corporation coated with metal, but whether or not chemistry quantities do not exceed any (‘‘NISCO’’). annealed, painted, varnished, or coated one of the noted element levels listed The preliminary determination in this with plastics or other non-metallic above, are within the scope of this investigation was published on substances, both in coils, 0.5 inch wide investigation unless specifically November 10, 1999. See Notice of or wider, (whether or not in excluded. The following products, by Preliminary Determination of Sales at successively superimposed layers and/ way of example, are outside and/or Less Than Fair Value: Certain Cold- or otherwise coiled, such as spirally specifically excluded from the scope of Rolled Flat-Rolled Carbon-Quality Steel oscillated coils), and also in straight this investigation: Products From the Russian Federation, lengths, which, if less than 4.75 mm in ∑ SAE grades (formerly also called 64 FR 61261 (November 10, 1999) thickness having a width that is 0.5 inch AISI grades) above 2300; (‘‘Preliminary Determination’’). or greater and that measures at least 10 ∑ Ball bearing steels, as defined in the The Department received comments times the thickness; or, if of a thickness HTSUS; from a number of parties including of 4.75 mm or more, having a width ∑ Tool steels, as defined in the importers, respondents, consumers, and exceeding 150 mm and measuring at HTSUS; the petitioners, aimed at clarifying the least twice the thickness. The products ∑ scope of these investigations. See Silico-manganese steel, as defined described above may be rectangular, in the HTSUS; Memorandum to Joseph A. Spetrini square, circular or other shape and ∑ Silicon-electrical steels, as defined (‘‘Scope Memorandum’’), January 18, include products of either rectangular or in the HTSUS, that are grain-oriented; 2000, for a list of all persons submitting non-rectangular cross-section where ∑ Silicon-electrical steels, as defined comments and a discussion of all scope such cross-section is achieved comments including those exclusion subsequent to the rolling process (i.e., in the HTSUS, that are not grain- requests under consideration at the time products which have been ‘‘worked oriented and that have a silicon level exceeding 2.25 percent; of the preliminary determination in after rolling’’)—for example, products ∑ these investigations. which have been beveled or rounded at All products (proprietary or On November 12 and December 1, the edges. otherwise) based on an alloy ASTM 1999, respectively, respondents NISCO Specifically included in this scope are specification (sample specifications: and Severstal submitted letters vacuum degassed, fully stabilized ASTM A506, A507); ∑ informing the Department of their (commonly referred to as interstitial-free Non-rectangular shapes, not in withdrawal from further participation in (‘‘IF’’)) steels, high strength low alloy coils, which are the result of having the proceeding. On December 29, 1999, (‘‘HSLA’’) steels, and motor lamination been processed by cutting or stamping petitioners filed their case brief in this steels. IF steels are recognized as low and which have assumed the character investigation. No further comments carbon steels with micro-alloying levels of articles or products classified outside were received by any party. On of elements such as titanium and/or chapter 72 of the HTSUS. November 29, 1999 petitioners niobium added to stabilize carbon and ∑ Silicon-electrical steels, as defined requested a hearing. However, on nitrogen elements. HSLA steels are in the HTSUS, that are not grain- January 5, 2000, petitioners withdrew recognized as steels with micro-alloying oriented and that have a silicon level their hearing request. levels of elements such as chromium, less than 2.25 percent, and On January 13, 2000, the Department copper, niobium, titanium, vanadium, (a) fully-processed, with a core loss of signed an agreement suspending this and molybdenum. Motor lamination less than 0.14 watts/pound per mil (.001 antidumping investigation (‘‘the steels contain micro-alloying levels of inch), or Suspension Agreement’’) with the elements such as silicon and aluminum. (b) semi-processed, with core loss of Ministry of Trade of the Russian Steel products included in the scope less than 0.085 watts/pound per mil Federation. On December 22, 1999, we of this investigation, regardless of (.001 inch); received a request from petitioners that, definitions in the Harmonized Tariff ∑ Certain shadow mask steel, which if we concluded a suspension agreement Schedules of the United States is aluminum killed cold-rolled steel coil in this case, we continue the (‘‘HTSUS’’), are products in which: (1) that is open coil annealed, has an ultra- investigation. Pursuant to this request, iron predominates, by weight, over each flat, isotropic surface, and which meets we have continued and completed the of the other contained elements; (2) the the following characteristics: investigation in accordance with section carbon content is 2 percent or less, by Thickness: 0.001 to 0.010 inch 734(g) of the Act. If the United States weight, and; (3) none of the elements Width: 15 to 32 inches
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CHEMICAL COMPOSITION
Element ...... C Weight % ...... < 0.002%
∑ Certain flapper valve steel, which is hardened and tempered, surface polished, and which meets the following characteristics: Thickness: ≤1.0 mm Width: ≤152.4 mm
CHEMICAL COMPOSITION
Element ...... C Si Mn P S Weight % ...... 0.90±1.05 0.15±0.35 0.30±0.50 ≤0.03 ≤0.006
MECHANICAL PROPERTIES
Tensile Strength ...... ´162 Kgf/mm2 Hardness ...... ´475 Vickers hardness number
PHYSICAL PROPERTIES
Flatness ...... less than 0.2% of nominal strip width
Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percent- age) and are undissolved in the uniform tempered martensite.
NON-METALLIC INCLUSION
Area percentage
Sulfide Inclusion ...... ™0.04% Oxide Inclusion ...... ™0.05%
Compressive Stress: 10 to 40 Kgf/mm2.
SURFACE ROUGHNESS
Roughness Thickness (mm) (µm) t≤ 0.209 ...... Rz0.5 0.209t less than 0.310 ...... Rz≤0.6 0.310t less than 0.440 ...... Rz≤0.7 0.440t less than 0.560 ...... Rz≤0.8 0.560 less than ...... Rz≤1.0
∑ Certain ultra thin gauge steel strip, which meets the following characteristics: Thickness: ≤ 0.100 mm ±7% Width: 100 to 600 mm
CHEMICAL COMPOSITION
Element ...... C Mn P S Al Fe Weight % ...... ≤0.07 0.2±0.5 ≤0.05 ≤0.05 ≤0.07 Balance
MECHANICAL PROPERTIES
Hardness ...... Full Hard (Hv 180 minimum) Total Elongation ...... less than 3% Tensile Strength ...... 600 to 850 N/mm2
PHYSICAL PROPERTIES
Surface Finish ...... ≤0.3 micron Camber (in 2.0 m) ...... less than 3.0 mm Flatness (in 2.0 m) ...... ≤0.5 mm Edge Burr ...... less than 0.01 mm greater than thickness Coil Set (in 1.0 m) ...... less than 75.0 mm
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∑ Certain silicon steel, which meets the following characteristics: ∑ Thickness: 0.024 inch ±.0015 inch ∑ Width: 33 to 45.5 inches
CHEMICAL COMPOSITION
Element ...... C Mn P S Si Al Min. Weight % ...... 0.65 Max. Weight % ...... 0.004 0.4 0.09 0.009 0.4
MECHANICAL PROPERTIES
Hardness ...... B 60±75 (AIM 65)
PHYSICAL PROPERTIES
Finish ...... Smooth (30±60 microinches) Gamma Crown (in 5 inches) ...... 0.0005 inch, start measuring 1¤4 inch from slit edge Flatness ...... 20 I±UNIT max. Coating ...... C3A±.08A max. (A2 coating acceptable) Camber (in any 10 feet) ...... 1¤16 inch Coil Size I.D...... 20 inches
MAGNETIC PROPERTIES
Core Loss (1.5T/60 Hz) NAAS ...... 3.8 Watts/Pound max. Permeability (1.5T/60 Hz) NAAS ...... 1700 gauss/oersted typical 1500 minimum
∑ Certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: Thickness: 0.025 to 0.245 mm Width: 381–1000 mm
CHEMICAL COMPOSITION
Element ...... C N Al Weight % ...... less than 0.004 to less than 0.01 0.007 0.007
• Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Mn P S Si Al As Cu B N Min. Weight % 0.02 0.20 0.03 0.003 Max. Weight % 0.06 0.40 0.02 0.023 (Aiming 0.03 0.08 (Aiming 0.02 0.08 0.008 (Aiming 0.018 Max.) 0.05) 0.005)
Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides >1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating.
SURFACE FINISH
Roughness, RA Microinches (Micrometers) Aim Min. Max.
Extra Bright ...... 5(0.1) 0(0) 7(0.2)
• Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Si Mn P S Al N Weight % ...... 0.08 0.04 0.40 0.03 0.03 0.010Ð0.025 0.0025
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PHYSICAL AND MECHANICAL PROPERTIES
Thickness Tolerance: Guaranteed inside of 15 mm from mill edges ...... +5 percent (aim ±4 percent) Width Tolerance ...... ¥0/+7 mm Hardness (Hv) ...... Hv 85±110 Annealing ...... Annealed Surface ...... Matte Tensile Strength ...... >275N/mm2 Elongation ...... >36%
• Certain annealed and temper-rolled cold-rolled continuously cast steel, in coils, with a certificate of analysis per Cable System International (‘‘CSI’’) Specification 96012, with the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05
PHYSICAL AND MECHANICAL PROPERTIES
Base Weight ...... 55 pounds Theoretical Thickness ...... 0.0061 inch (+10 percent of theoretical thickness) Width ...... 31 inches Tensile Strength ...... 45,000Ð55,000 psi Elongation ...... minimum of 15 percent in 2 inches
• Certain full hard tin mill black plate, continuously cast, which meets the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Mn P S Si Al As Cu B N Min. Weight % 0.02 0.20 0.03 0.003 Max. Weight % 0.06 0.40 0.02 0.023 (Aiming 0.03 0.08 (Aiming 0.02 0.08 0.008 (Aiming 0.018 Max.) 0.05) 0.005)
Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides > micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating.
SURFACE FINISH
Roughness, RA Microinches (Micrometers) Aim Min. Max.
Stone Finish ...... 16 (0.4) 8 (0.2) 24 (0.6)
• Certain ultra-bright tin mill black plate meeting ASTM 7A specifications for surface finish and RA of seven micro- inches or lower. • Concast cold-rolled drawing quality sheet steel, ASTM a–620–97, Type B, or single reduced black plate, ASTM A–625–92, Type D, T–1, ASTM A–625–76 and ASTM A–366–96, T1–T2–T3 Commercial bright/luster 7a both sides, RMS 12 maximum. Thickness range of 0.0088 to 0.038 inches, width of 23.0 inches to 36.875 inches. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 53 pound base weight (0.0058 inch thick) with a Temper classification of T–2 (49–57 hardness using the Rockwell 30 T scale). • Certain single reduced black plate, meeting ASTM A–625–76 specifications, 55 pound base weight, MR type matte finish, TH basic tolerance as per A263 trimmed. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 65 pound base weight (0.0072 inch thick) with a Temper classification of T–3 (53–61 hardness using the Rockwell 30 T scale). • Certain cold-rolled black plate bare steel strip, meeting ASTM A–625 specifications, which meet the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05
PHYSICAL AND MECHANICAL PROPERTIES
Thickness ...... 0.0058 inch ±0.0003 inch
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PHYSICAL AND MECHANICAL PROPERTIESÐContinued Hardness ...... T2/HR 30T 50±60 aiming Elongation ...... ≥15% Tensile Strength ...... 51,000 psi ±4.0 aiming
• Certain cold-rolled black plate bare steel strip, in coils, meeting ASTM A–623, Table II, Type MR specifications, which meet the following characteristics:
CHEMICAL COMPOSITION
Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.04 0.05
PHYSICAL AND MECHANICAL PROPERTIES
Thickness ...... 0.0060 inch (±0.0005 inch) Width ...... ≤10 inches (+1/4 to 3/8 inch/¥0) Tensile strength ...... 55,000 psi max. Elongation ...... minimum of 15 percent in 2 inches
• Certain ‘‘blued steel’’ coil (also know as ‘‘steamed blue steel’’ or ‘‘blue oxide’’) with a thickness of 0.30 mm to 0.42 mm and width of 609 mm to 1219 mm, in coil form; • Certain cold-rolled steel sheet, whether coated or not coated with porcelain enameling prior to importation, which meets the following characteristics: Thickness (nominal): ≤0.019 inch Width: 35 to 60 inches
CHEMICAL COMPOSITION
Element ...... C O B Max. Weight % ...... 0.004 Min. Weight % ...... 0.010 0.012
• Certain cold-rolled steel, which meets the following characteristics: Width: >66 inches
CHEMICAL COMPOSITION
Element ...... C Mn P Si Max. Weight % ...... 0.07 0.67 0.14 0.03
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) ...... 0.800±2.000 Min. Yield Point (MPa) ...... 265 Max. Yield Point (MPa) ...... 365 Min. Tensile Strength (MPa) ...... 440 Min. Elongation % ...... 26
• Certain band saw steel, which meets the following characteristics: Thickness: ≤1.31 mm Width: ≤80 mm
CHEMICAL COMPOSITION
Element ...... C Si Mn P S Cr Ni Weight% ...... 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≤0.03 ≤0.007 0.3 to 0.5 ≤0.25
Other properties: Carbide: fully spheroidized having > 80% of carbides, which are ≤ 0.003 mm and uniformly dispersed Surface finish: bright finish free from pits, scratches, rust, cracks, or seams Smooth edges Edge camber (in each 300 mm of length): ≤ 7 mm arc height Cross bow (per inch of width): 0.015 mm max. • Certain transformation-induced plasticity (TRIP) steel, which meets the following characteristics:
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Variety 1
CHEMICAL COMPOSITION
Element ...... C Si Mn Min. Weight % ...... 0.09 1.0 0.90 Max. Weight % ...... 0.13 2.1 1.7
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 320 Max Yield Point (MPa) ...... 480 Min. Tensile Strength (MPa) ...... 590 Min. Elongation % ...... 24 (if 1.000±1.199 thickness range) 25 (if 1.200±1.599 thickness range) 26 (if 1.600±1.999 thickness range) 27 (if 2.000±2.300 thickness range)
Variety 2
CHEMICAL COMPOSITION
Element ...... C Si Mn Min. Weight % ...... 0.12 1.5 1.1 Max. Weight % ...... 0.16 2.1 1.9
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 340 Max Yield Point (MPa) ...... 520 Min. Tensile Strength (MPa) ...... 690 Min. Elongation % ...... 21 (if 1.000±1.199 thickness range) 22 (if 1.200±1.599 thickness range) 23 (if 1.600±1.999 thickness range) 24 (if 2.000±2.300 thickness range)
Variety 3
CHEMICAL COMPOSITION
Element ...... C Si Mn Min. Weight % ...... 0.13 1.3 1.5 Max. Weight % ...... 0.21 2.0 2.0
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) ...... 1.200±2.300 (inclusive) Min. Yield Point (MPa) ...... 370 Max Yield Point (MPa) ...... 570 Min. Tensile Strength (MPa) ...... 780 Min. Elongation % ...... 18 (if 1.200±1.599 thickness range) 19 (if 1.600±1.999 thickness range) 20 (if 2.000±2.300 thickness range)
• Certain corrosion-resistant cold-rolled steel, which meets the following characteristics: Variety 1
CHEMICAL COMPOSITION
Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.10 0.40 0.10 0.35
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) ...... 0.600±0.800
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PHYSICAL AND MECHANICAL PROPERTIESÐContinued Min. Yield Point (MPa) ...... 185 Max Yield Point (MPa) ...... 285 Min. Tensile Strength (MPa) ...... 340 Min. Elongation % ...... 31 (ASTM standard 31% = JIS standard 35%)
Variety 2
CHEMICAL COMPOSITION
Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.05 0.40 0.08 0.35
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) ...... 0.800±1.000 Min. Yield Point (MPa) ...... 145 Max Yield Point (MPa) ...... 245 Min. Tensile Strength (MPa) ...... 295 Min. Elongation % ...... 31 (ASTM standard 31% = JIS standard 35%)
Variety 3
CHEMICAL COMPOSITION
Element ...... C Si Mn P S Cu Ni Al Nb, Ti, Mo V, B Max. Weight % ...... 0.01 0.05 0.40 0.10 0.023 0.15± 0.35 0.10 0.10 0.30 .35
PHYSICAL AND MECHANICAL PROPERTIES
Thickness (mm) ...... 0.7 Elongation % ...... ≥35
• Porcelain enameling sheet, drawing quality, in coils, 0.014 inch in thickness, +0.002, ¥0.000, meeting ASTM A–424–96 Type 1 specifications, and suitable for two coats.
The merchandise subject to this Although the HTSUS subheadings are Fair Value: Certain Cut-to-Length investigation is typically classified in provided for convenience and U.S. Carbon Steel Plate from the Russian the HTSUS at subheadings: Customs Service (‘‘U.S. Customs’’) Federation, 62 FR 61787 (November 19, 7209.15.0000, 7209.16.0030, purposes, the written description of the 1997); and Notice of Final 7209.16.0060, 7209.16.0090, merchandise under investigation is Determination of Sale at Less Than Fair 7209.17.0030, 7209.17.0060, dispositive. Value: Pure Magnesium and Alloy 7209.17.0090, 7209.18.1530, Magnesium from the Russian Period of Investigation 7209.18.1560, 7209.18.2550, Federation, 60 FR 16440 (March 30, 7209.18.6000. 7209.25.0000, The period of investigation is October 1995)). A designation as an NME 7209.26.0000, 7209.27.0000, 1, 1998 through March 31, 1999. country remains in effect until it is 7209.28.0000, 7209.90.0000, Nonmarket Economy Country Status revoked by the Department (see section 7210.70.3000, 7210.90.9000, The Department has treated Russia as 771(18)(C) of the Act). Therefore, for 7211.23.1500, 7211.23.2000, a nonmarket economy (‘‘NME’’) country this final determination, the Department 7211.23.3000, 7211.23.4500, in all past antidumping duty is continuing to treat Russia as an NME 7211.23.6030, 7211.23.6060, investigations and administrative country. 7211.23.6085, 7211.29.2030, reviews (see, e.g., Notice of Final 7211.29.2090, 7211.29.4500, Determination of Sales at Less Than Separate Rates 7211.29.6030, 7211.29.6080, Fair Value: Hot-Rolled Flat-Rolled The Department presumes that a 7211.90.0000, 7212.40.1000, Carbon-Quality Steel Products From the single dumping margin is appropriate 7212.40.5000, 7212.50.0000, Russian Federation, 64 FR 38626 (July for all exporters in an NME country. See 7225.19.0000, 7225.50.6000, 19, 1999) (‘‘Hot-Rolled Steel’’); Titanium Final Determination of Sales at Less 7225.50.7000, 7225.50.8010, Sponge from the Russian Federation: Than Fair Value: Silicon Carbide from 7225.50.8085, 7225.99.0090, Final Results of Antidumping the People’s Republic of China, 59 FR 7226.19.1000, 7226.19.9000, Administrative Review, 64 FR 1599 22585 (May 2, 1994). The Department 7226.92.5000, 7226.92.7050, (January 11, 1999); Notice of Final may, however, consider requests for a 7226.92.8050, and 7226.99.0000. Determination of Sales at Less Than separate rate from individual exporters.
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Severstal and NISCO have each acted to the best of its ability; and (5) determined that, in selecting from requested a separate, company-specific the information can be used without among the facts available, an adverse rate. However, because NISCO and undue difficulties. inference is appropriate. Consistent Severstal withdrew from this with Department practice in cases in Russia-Wide Rate proceeding, we were not able to verify which a respondent has been information provided by these Section 776(a)(2)(A) of the Act uncooperative, as adverse facts respondents and thus, as adverse facts requires the Department to use facts available, we have applied a margin available, we have not granted available when a party withholds based on information in the petition (see Severstal’s or NISCO’s request for a information which has been requested Comment below and Initiation separate rate for this final by the Department. Additionally, Checklist: Certain Cold-Rolled Flat- determination. See ‘‘Application of section 782(i)(1) of the Act provides that Rolled Carbon-Quality Steel Products Facts Available’’ below. the Department must rely on verified from Argentina, Brazil, the People’s information for making a final Republic of China (‘‘China’’), Indonesia, Russia-Wide Rate determination in an antidumping duty Japan, the Russian Federation After sending questionnaires to the investigation. In this case, some (‘‘Russia’’), Slovakia, South Africa, nine companies identified as potential exporters of the single enterprise failed Taiwan, Thailand, Turkey, and respondents in the petition, we received to respond to the Department’s request Venezuela, Attachment: Revised NVs complete Section A responses from two for information and Severstal and and Margins for Russia (July 21, 1999) producers—Severstal and NISCO. NISCO withdrew from the investigation (‘‘Initiation Checklist’’)). However, as noted above in the ‘‘Case prior to verification of their Section 776(c) of the Act provides History’’ section, these two companies questionnaire responses. Thus, that, when the Department relies on (Severstal and NISCO) subsequently consistent with section 782(e)(2) of the secondary information, such as the withdrew from the investigation. Act, we have declined to consider petition, as facts available, it must, to Accordingly, we are applying a single information submitted by either the extent practicable, corroborate that antidumping rate—the Russia-wide Severstal or NISCO (including information from independent sources rate—to all exporters in Russia based on information regarding their eligibility that are reasonably at its disposal. The our presumption that those respondents for separate rates) because it could not SAA clarifies that ‘‘corroborate’’ means who failed to respond to the initial be verified. As a result, pursuant to that the Department will satisfy itself questionnaire or withdrew from the section 776(a) of the Act, in reaching that the secondary information to be investigation (i.e., Severstal and NISCO) our final determination, we have used used has probative value (see SAA at constitute a single enterprise under total facts available for the Russia-wide 870). The SAA also states that common control by the Russian rate because certain entities did not independent sources used for government. See, e.g., Final respond and we could not verify corroboration may include, for example, Determination of Sales at Less Than Severstal’s and NISCO’s questionnaire published price lists, official import Fair Value: Bicycles from the People’s responses. statistics and customs data, and Republic of China, 61 FR 19026 (April Section 776(b) of the Act provides information obtained from interested 30, 1996). As discussed below, the that, in selecting from among the facts parties during the particular Russia-wide rate is based on adverse available, the Department may employ investigation (see id.). facts available, and applies to all entries adverse inferences when an interested In order to determine the probative of subject merchandise. party fails to cooperate by not acting to value of the petition margins for use as the best of its ability to comply with adverse facts available for the purposes Application of Facts Available requests for information. See also of this determination, we have Section 776(a) of the Act provides ‘‘Statement of Administrative Action’’ examined evidence supporting the that, if an interested party withholds accompanying the URAA, H.R. Rep. No. petition calculations. In accordance information that has been requested by 103–316, 870 (‘‘SAA’’). The statute and with section 776(c) of the Act, to the the Department, fails to provide such SAA provide that such an adverse extent practicable, we examined the key information in a timely manner or in the inference may be based on secondary elements of the U.S. price and normal form or manner requested, significantly information, including information value (‘‘NV’’) calculations on which the impedes a proceeding under the drawn from the petition. petition margin was based. In antidumping statute, or provides Because certain exporters in the single corroborating U.S. price, we compared information which cannot be verified, entity did not respond to our the data used in the petition and found the Department shall use, subject to questionnaire and others (i.e., Severstal that the price quote used in calculating sections 782(d) and (e) of the Act, facts and NISCO) withdrew from this the highest margin in the petition is otherwise available in reaching the proceeding, we consider the single within the range of the U.S. Customs’ applicable determination. Thus, entity to be uncooperative. In this average unit value data for imports of pursuant to section 776(a) of the Act, regard, we note that while Severstal and cold-rolled steel from Russia. For NV the Department is required to apply, NISCO did submit responses to the information, we note that the surrogate subject to section 782(d), facts otherwise Department’s information requests, their value information used in the petition is available. Pursuant to section 782(e), the withdrawal from this investigation public information, and therefore does Department shall not decline to rendered the submitted information not require further corroboration. With consider such information if all of the unverifiable and, hence, unusable in regard to the factor utilizations used in following requirements are met: (1) The determining a final Russia-wide rate. the petition, which were based on information is submitted by the Therefore, we also conclude that petitioner’s own production experience established deadline; (2) the information Severstal and NISCO (which, as noted (adjusted for known differences), the can be verified; (3) the information is above in the ‘‘Russia-wide Rate’’ section Department is aware of no other not so incomplete that it cannot serve as of this notice, are part of the single independent sources of information that a reliable basis for reaching the enterprise) have not cooperated to the would enable us to further corroborate applicable determination; (4) the best of their ability in this investigation. this information. However, we note that interested party has demonstrated that it Therefore, the Department has the SAA (at 870) specifically states that
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specification (sample specifications: • Silicon-electrical steels, as defined in • Certain shadow mask steel, which is ASTM A506, A507); the HTSUS, that are not grain- aluminum killed cold-rolled steel • Non-rectangular shapes, not in coils, oriented and that have a silicon coil that is open coil annealed, has which are the result of having been level less than 2.25 percent, and an ultra-flat, isotropic surface, and • (a) fully-processed, with a core loss of processed by cutting or stamping which meets the following less than 0.14 watts/pound per mil characteristics: and which have assumed the (.001 inch), or character of articles or products • (b) semi-processed, with core loss of Thickness: 0.001 to 0.010 inch classified outside chapter 72 of the less than 0.085 watts/pound per mil Width: 15 to 32 inches HTSUS. (.001 inch);
CHEMICAL COMPOSITION
Element ...... C Weight % ...... <0.002
• Certain flapper valve steel, which is hardened and tempered, surface polished, and which meets the following characteristics:
Thickness: ≤1.0 mm Width: ≤152.4 mm
CHEMICAL COMPOSITION
Element ...... C Si Mn P S Weight % ...... 0.90±1.05 0.15±0.35 0.30±0.50 ≤0.03 ≤0.006
MECHANICAL PROPERTIES
Tensile Strength ...... ´162 Kgf/mm 2 Hardness ...... ´475 Vickers hardness number
PHYSICAL PROPERTIES
Flatness ...... <0.2% of nominal strip width
Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percentage) and are undissolved in the uniform tempered martensite.
NON-METALLIC INCLUSION
Area percent- age
Sulfide Inclusion ...... ≤0.04 Oxide Inclusion ...... ≤0.05
Compressive Stress: 10 to 40 Kgf/mm2
SURFACE ROUGHNESS
Roughness Thickness (mm) (µm) t≤0.209 ...... Rz≤0.5 0.209 • Certain ultra thin gauge steel strip, which meets the following characteristics: Thickness: ≤0.100 7% Width: 100 to 600 mm CHEMICAL COMPOSITION Element ...... C Mn P S Al Fe Weight % ...... ≤0.07 0.2±0.5 ≤0.05 ≤0.05 ≤0.07 Balance VerDate 27 MECHANICAL PROPERTIES Hardness ...... Full Hard (Hv 180 minimum) Total Elongation ...... <3% Tensile Strength ...... 600 to 850 N/mm 2 PHYSICAL PROPERTIES Surface Finish ...... ≤0.3 micron Camber (in 2.0 m) ...... <3.0 mm Flatness (in 2.0 m) ...... ≤0.5 mm Edge Burr ...... <0.01 mm greater than thickness Coil Set (in 1.0 m) ...... <75.0 mm • Certain silicon steel, which meets the following characteristics: Thickness: 0.024 inch +.0015 inch Width: 33 to 45.5 inches CHEMICAL COMPOSITION Element ...... C Mn P S Si Al Min. Weight % ...... Max. Weight % ...... 0.004 0.4 0.09 0.009 0.65 0.4 MECHANICAL PROPERTIES Hardness ...... B 60±75 (AIM 65) PHYSICAL PROPERTIES Finish ...... Smooth (30±60 microinches) Gamma Crown (in 5 inches) ...... 0.0005 inch, start measuring 1¤4 inch from slit edge Flatness ...... 20 I±UNIT max. Coating ...... C3A±.08A max. (A2 coating acceptable) Camber (in any 10 feet) ...... 1¤16 inch Coil Size I.D...... 20 inches MAGNETIC PROPERTIES Core Loss (1.5T/60 Hz) NAAS ...... 3.8 Watts/Pound max. Permeability (1.5T/60 Hz) NAAS ...... 1700 gauss/oersted typical 1500 minimum. • Certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: Thickness: 0.025 to 0.245 mm Width: 381–1000 mm CHEMICAL COMPOSITION Element ...... C N Al Weight % ...... <0.01 0.004 to <0.007 0.007 • Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Si Al As Cu B N Min. Weight % ...... 0.02 0.20 0.03 0.003 Max. Weight % ...... 0.06 0.40 0.02 0.023 (Aiming 0.03 0.08 (Aiming 0.02 0.08 0.008 0.018 Max.) 0.05) (Aiming 0.005) Non-Metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides >1micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. VerDate 27 SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Extra Bright ...... 5 (0.1) 0 (0) 7 (0.2) • Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Si Mn P S Al N Weight % ...... <0.08 <0.04 <0.40 <0.03 <0.03 0.010±0.025 <0.0025 PHYSICAL AND MECHANICAL PROPERTIES Thickness Tolerance: Guaranteed inside of 15 mm from mill edges ...... +/¥5 percent (aim +/¥4 percent) Width Tolerance: ...... ¥0/+7 mm Hardness (Hv): ...... Hv 85±110 Annealing: ...... Annealed Surface: ...... Matte Tensile Strength: ...... >275N/mm 2 Elongation: ...... >36% • Certain annealed and temper-rolled cold-rolled continuously cast steel, in coils, with a certificate of analysis per Cable System International (‘‘CSI’’) Specification 96012, with the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Base Weight ...... 55 pounds Theoretical Thickness: ...... 0.0061 inch (+/¥10 percent of theoretical thickness) Width: ...... 31 inches Tensile Strength: ...... 45,000±55,000 psi Elongation: ...... minimum of 15 percent in 2 inches • Certain full hard tin mill black plate, continuously cast, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Si Al As Cu B N Min. Weight % ...... 0.02 0.20 0.03 0.003 Max. Weight % ...... 0.06 0.40 0.02 0.023 (Aim- 0.03 0.08 (Aim- 0.02 0.08 0.008 (Aim- ing 0.018 ing 0.05) ing 0.005) Max.) Non-Metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides >1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Stone Finish ...... 16 (0.4) 8 (0.2) 24 (0.6) • Certain ultra-bright tin mill black plate meeting ASTM 7A specifications for surface finish and RA of seven micro-inches or lower. • Concast cold-rolled drawing quality sheet steel, ASTM a–620–97, Type B, or single reduced black plate, ASTM A–625–92, Type D, T–1, ASTM A–625–76 and ASTM A–366–96, T1–T2–T3 Commercial bright/luster 7a both sides, RMS 12 maximum. Thickness range of 0.0088 to 0.038 inches, width of 23.0 inches to 36.875 inches. VerDate 27 • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 53 pound base weight (0.0058 inch thick) with a Temper classification of T–2 (49–57 hardness using the Rockwell 30 T scale). • Certain single reduced black plate, meeting ASTM A–625–76 specifications, 55 pound base weight, MR type matte finish, TH basic tolerance as per A263 trimmed. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 65 pound base weight (0.0072 inch thick) with a Temper classification of T–3 (53–61 hardness using the Rockwell 30 T scale). • Certain cold-rolled black plate bare steel strip, meeting ASTM A–625 specifications, which meet the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness: ...... 0.0058 inch +/¥0.0003 inch Hardness ...... T2/HR 30T 50±60 aiming Elongation ...... ≥ 15% Tensile Strength ...... 51,000 psi +/¥4.0 aiming • Certain cold-rolled black plate bare steel strip, in coils, meeting ASTM A–623, Table II, Type MR specifications, which meet the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.04 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness ...... 0.0060 inch (+/¥0.0005 inch) Width ...... ≥ 10 inches (+ 1¤4 to 3¤8 inch/¥0) Tensile strength ...... 55,000 psi max. Elongation ...... minimum of 15 percent in 2 inches • Certain ‘‘blued steel’’ coil (also know as ‘‘steamed blue steel’’ or ‘‘blue oxide’’) with a thickness of 0.30 mm to 0.42 mm and width of 609 mm to 1219 mm, in coil form; • Certain cold-rolled steel sheet, whether coated or not coated with porcelain enameling prior to importation, which meets the following characteristics: Thickness (nominal): ≥ 0.019 inch Width: 35 to 60 inches CHEMICAL COMPOSITION Element ...... C O B Max. Weight % ...... 0.004 Min. Weight % ...... 0.010 0.012 • Certain cold-rolled steel, which meets the following characteristics: Width: >66 inches CHEMICAL COMPOSITION Element ...... C Mn P Si Max. Weight % ...... 0.07 0.67 0.14 0.03 PHYSICAL AND MECHANICAL PHYSICAL AND MECHANICAL PHYSICAL AND MECHANICAL PROPERTIES PROPERTIESÐContinued PROPERTIESÐContinued Thickness Range (mm): ...... 0.800±2.000 Max Yield Point (MPa): ...... 365 Min. Elongation %: ...... 26 Min. Yield Point (MPa): ...... 265 Min. Tensile Strength (MPa): 440 • Certain band saw steel, which meets the following characteristics: Thickness: ≥1.31 mm Width: ≥80 mm VerDate 27 CHEMICAL COMPOSITION Element ...... C Si Mn P S Cr Ni Weight % ...... 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≤ 0.03 ≤ 0.007 0.3 to 0.5 ≤ 0.25 Other properties: Carbide: fully spheroidized having >80% of carbides, which are ≤0.003 mm and uniformly dispersed Surface finish: bright finish free from pits, scratches, rust, cracks, or seams Smooth edges Edge camber (in each 300 mm of length): ≤7 mm arc height Cross bow (per inch of width): 0.015 mm max. • Certain transformation-induced plasticity (TRIP) steel, which meets the following characteristics: Variety 1: CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.09 1.0 0.90 Max. Weight % ...... 0.13 2.1 1.7 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 320 Max Yield Point (MPa) ...... 480 Min. Tensile Strength (MPa) ...... 590 Min. Elongation % ...... 24 (if 1.000±1.199 thickness range) 25 (if 1.200±1.599 thickness range) 26 (if 1.600±1.999 thickness range) 27 (if 2.000±2.300 thickness range) Variety 2: CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.12 1.5 1.1 Max. Weight % ...... 0.16 2.1 1.9 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm): ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa): ...... 340 Max Yield Point (MPa): ...... 520 Min. Tensile Strength (MPa): ...... 690 Min. Elongation %: ...... 21 (if 1.000±1.199 thickness range) 22 (if 1.200±1.599 thickness range) 23 (if 1.600±1.999 thickness range) 24 (if 2.000±2.300 thickness range) Variety 3: CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.13 1.3 1.5 Max. Weight % ...... 0.21 2.0 2.0 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm): ...... 1.200±2.300 (inclusive) Min. Yield Point (MPa): ...... 370 Max Yield Point (MPa): ...... 570 Min. Tensile Strength (MPa): ...... 780 VerDate 27 PHYSICAL AND MECHANICAL PROPERTIESÐContinued Min. Elongation %: ...... 18 (if 1.200±1.599 thickness range) 19 (if 1.600±1.999 thickness range) 20 (if 2.000±2.300 thickness range) • Certain corrosion-resistant cold-rolled steel, which meets the following characteristics: Variety 1: CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.10 0.40 0.10 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm): ...... 0.600±0.800 Min. Yield Point (MPa): ...... 185 Max Yield Point (MPa): ...... 285 Min. Tensile Strength (MPa): ...... 340 Min. Elongation %: ...... 31 (ASTM standard 31% = JIS standard 35%) Variety 2: CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.05 0.40 0.08 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm): ...... 0.800±1.000 Min. Yield Point (MPa): ...... 145 Max Yield Point (MPa): ...... 245 Min. Tensile Strength (MPa): ...... 295 Min. Elongation %: ...... 31 (ASTM standard 31% = JIS standard 35%) Variety 3: CHEMICAL COMPOSITION Element ...... C Si Mn P S Cu Ni Al Nb, Ti, Mo V, B Max. Weight % ...... 0.01 0.05 0.40 0.10 0.023 0.15±.35 0.35 0.10 0.10 0.30 PHYSICAL AND MECHANICAL PROPERTIES Thickness (mm) ...... 0.7 Elongation % ...... ≥35 • Porcelain enameling sheet, drawing 7210.70.3000, 7210.90.9000, Although the HTSUS subheadings are quality, in coils, 0.014 inch in thickness, 7211.23.1500, 7211.23.2000, provided for convenience and U.S. +0.002, -0.000, meeting ASTM A–424– 7211.23.3000, 7211.23.4500, Customs Service (‘‘U.S. Customs’’) 96 Type 1 specifications, and suitable 7211.23.6030, 7211.23.6060, purposes, the written description of the for two coats. 7211.23.6085, 7211.29.2030, merchandise under investigation is The merchandise subject to this 7211.29.2090, 7211.29.4500, dispositive. investigation is typically classified in 7211.29.6030, 7211.29.6080, The Department received comments the HTSUS at subheadings: 7211.90.0000, 7212.40.1000, from a number of parties including 7209.15.0000, 7209.16.0030, 7212.40.5000, 7212.50.0000, importers, respondents, consumers, and 7209.16.0060, 7209.16.0090, 7225.19.0000, 7225.50.6000, the petitioners, aimed at clarifying the 7209.17.0030, 7209.17.0060, 7225.50.7000, 7225.50.8010, scope of these investigations. See 7209.17.0090, 7209.18.1530, 7225.50.8085, 7225.99.0090, Memorandum to Joseph A. Spetrini 7209.18.1560, 7209.18.2550, 7226.19.1000, 7226.19.9000, (‘‘Scope Memorandum’’), January 18, 7209.18.6000. 7209.25.0000, 7226.92.5000, 7226.92.7050, 2000, for a list of all persons submitting 7209.26.0000, 7209.27.0000, 7226.92.8050, and 7226.99.0000. comments and a discussion of all scope 7209.28.0000, 7209.90.0000, comments including those exclusion VerDate 27 VerDate 27 VerDate 27 Margin FOR FURTHER INFORMATION CONTACT: or wider, (whether or not in Manufacturer/exporter (percent) Carrie Blozy, Import Administration, successively superimposed layers and/ International Trade Administration, or otherwise coiled, such as spirally Nisshin Steel Co., Ltd ...... 53.04 U.S. Department of Commerce, 14th oscillated coils), and also in straight All others ...... 39.28 Street and Constitution Avenue, NW, lengths, which, if less than 4.75 mm in Thailand: Washington, DC 20230; telephone: (202) TCRSSC/Sahaviriya ...... 80.67 thickness having a width that is 0.5 inch All others ...... 67.97 482–0165. or greater and that measures at least 10 The Applicable Statute times the thickness; or, if of a thickness ITC Notification of 4.75 mm or more, having a width Unless otherwise indicated, all exceeding 150 mm and measuring at In accordance with section 735(d) of citations to the statute are references to least twice the thickness. The products the Act, we have notified the the provisions effective January 1, 1995, described above may be rectangular, International Trade Commission (ITC) of the effective date of the amendments square, circular or other shape and our determinations. As our final made to the Tariff Act of 1930 (‘‘the include products of either rectangular or determinations are affirmative, the ITC Act’’) by the Uruguay Round non-rectangular cross-section where will, within 45 days, determine whether Agreements Act (‘‘URAA’’). In addition, such cross-section is achieved these imports are materially injuring, or unless otherwise indicated, all subsequent to the rolling process (i.e., threaten material injury to, the U.S. references to the Department’s products which have been ‘‘worked industry. If the ITC determines that regulations are to the provisions after rolling’’) for example, products material injury or threat of material codified at 19 CFR Part 351 (1998). which have been beveled or rounded at injury does not exist, the proceeding Final Determination the edges. will be terminated and all securities Specifically included in this scope are posted will be refunded or canceled. If We determine that certain cold-rolled flat-rolled carbon-quality steel products vacuum degassed, fully stabilized the ITC determines that such injury (commonly referred to as interstitial-free does exist, the Department will issue an (‘‘cold-rolled steel products’’) from South Africa are being, or are likely to (‘‘IF’’)) steels, high strength low alloy antidumping duty order directing the (‘‘HSLA’’) steels, and motor lamination Customs Service to assess antidumping be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in steels. IF steels are recognized as low duties on all imports of the subject carbon steels with micro-alloying levels merchandise entered, or withdrawn section 735 of the Act. The estimated margins of sales at LTFV are shown in of elements such as titanium and/or from warehouse, for consumption on or niobium added to stabilize carbon and after the effective date of the suspension the ‘‘Continuation of Suspension of Liquidation’’ section of this notice. nitrogen elements. HSLA steels are of liquidation. recognized as steels with micro-alloying These determinations are published Case History levels of elements such as chromium, pursuant to sections 735(d) and 777(i)(1) The preliminary determination in this copper, niobium, titanium, vanadium, of the Act. investigation was published on and molybdenum. Motor lamination Dated: January 18, 2000. November 10, 1999. See Notice of steels contain micro-alloying levels of Robert S. LaRussa, Preliminary Determination of Sales at elements such as silicon and aluminum. Assistant Secretary for Import Less Than Fair Value: Certain Cold- Steel products included in the scope Administration. Rolled Flat-Rolled Carbon-Quality Steel of this investigation, regardless of [FR Doc. 00–1847 Filed 2–3–00; 8:45 am] Products From South Africa, 64 FR definitions in the Harmonized Tariff BILLING CODE 3510±DS±P 61270 (November 10, 1999) Schedules of the United States (‘‘Preliminary Determination’’). No (‘‘HTSUS’’), are products in which: (1) interested parties have provided Iron predominates, by weight, over each DEPARTMENT OF COMMERCE comments on the Preliminary of the other contained elements; (2) the Determination and no request for a carbon content is 2 percent or less, by International Trade Administration hearing has been received by the weight, and; (3) none of the elements [A±791±807] Department. listed below exceeds the quantity, by Scope of Investigation weight, respectively indicated: Notice of Final Determination of Sales 1.80 percent of manganese, or at Less Than Fair Value: Certain Cold- For purposes of this investigation, the products covered are certain cold-rolled 2.25 percent of silicon, or Rolled Flat-Rolled Carbon-Quality Steel 1.00 percent of copper, or Products From South Africa (cold-reduced) flat-rolled carbon-quality steel products, neither clad, plated, nor 0.50 percent of aluminum, or AGENCY: Import Administration, coated with metal, but whether or not 1.25 percent of chromium, or International Trade Administration, annealed, painted, varnished, or coated 0.30 percent of cobalt, or Department of Commerce. with plastics or other non-metallic 0.40 percent of lead, or EFFECTIVE DATE: February 4, 2000. substances, both in coils, 0.5 inch wide 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.15 percent of vanadium, or 0.15 percent of zirconium. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products, by way of example, are outside and/or specifically excluded from the scope of this investigation: • SAE grades (formerly also called AISI grades) above 2300; • Ball bearing steels, as defined in the HTSUS; • Tool steels, as defined in the HTSUS; VerDate 27 • Silico-manganese steel, as defined in the HTSUS; • Silicon-electrical steels, as defined in the HTSUS, that are grain-oriented; • Silicon-electrical steels, as defined in the HTSUS, that are not grain-oriented and that have a silicon level exceeding 2.25 percent; • All products (proprietary or otherwise) based on an alloy ASTM specification (sample specifications: ASTM A506, A507); • Non-rectangular shapes, not in coils, which are the result of having been processed by cutting or stamping and which have assumed the character of articles or products classified outside chapter 72 of the HTSUS. • Silicon-electrical steels, as defined in the HTSUS, that are not grain-oriented and that have a silicon level less than 2.25 percent, and (a) fully-processed, with a core loss of less than 0.14 watts/pound per mil (.001 inch), or (b) semi-processed, with core loss of less than 0.085 watts/pound per mil (.001 inch); • Certain shadow mask steel, which is aluminum killed cold-rolled steel coil that is open coil annealed, has an ultra-flat, isotropic surface, and which meets the following characteristics: Thickness: 0.001 to 0.010 inch Width: 15 to 32 inches CHEMICAL COMPOSITION Element ...... C Weight % ...... < 0.002% • Certain flapper valve steel, which is hardened and tempered, surface polished, and which meets the following characteristics: Thickness: ≤1.0 mm Width: ≤152.4 mm CHEMICAL COMPOSITION Element ...... C Si Mn P S Weight % ...... 0.90±1.05 0.15±0.35 0.30±0.50 ≤0.03 ≤0.006 MECHANICAL PROPERTIES Tensile Strength ...... ≥162 Kgf/mm 2 Hardness ...... ≥475 Vickers hardness number PHYSICAL PROPERTIES Flatness ...... <0.2% of nominal strip width Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percent- age) and are undissolved in the uniform tempered martensite. NON-METALLIC INCLUSION Area percent- age Sulfide Inclusion ...... ≤ 0.04% Oxide Inclusion ...... ≤0.05% Compressive Stress: 10 to 40 Kgf/mm 2 SURFACE ROUGHNESS Roughness Thickness (mm) (µm) t ≤ 0.209 ...... Rz ≤ 0.50 0.209 < t ≤0.310 ...... Rz ≤ 0.6 0.310 < t ≤0.440 ...... Rz ≤ 0.7 0.440 < t ≤ 0.560 ...... Rz ≤ 0.8 0.560 < t ...... Rz ≤ 1.0 • Certain ultra thin gauge steel strip, which meets the following characteristics: Thickness: ≤ 0.100 mm ±7% Width: 100 to 600 mm VerDate 27 CHEMICAL COMPOSITION Element ...... C Mn P S Al Fe Weight % ...... ≤ 0.07 0.2±0.5 ≤ 0.05 ≤ 0.05 ≤ 0.07 Balance MECHANICAL PROPERTIES Hardness ...... Full Hard (Hv 180 minimum) Total Elongation ...... < 3% Tensile Strength ...... 600 to 850 N/mm 2 PHYSICAL PROPERTIES Surface Finish ...... ≤ 0.3 micron Camber (in 2.0 m) ...... < 3.0 mm Flatness (in 2.0 m) ...... ≤ 0.5 mm Edge Burr ...... < 0.01 mm greater than thickness Coil Set (in 1.0 m) ...... < 75.0 mm • Certain silicon steel, which meets Width: 33 to 45.5 inches the following characteristics: Thickness: 0.024 inch ± .0015 inch CHEMICAL COMPOSITION Element ...... C Mn P S Si Al Min. Weight % ...... 0.65 Max. Weight % ...... 0.004 0.4 0.09 0.009 0.4 MECHANICAL PROPERTIES Hardness ...... B 60±75 (AIM 65) PHYSICAL PROPERTIES Finish ...... Smooth (30±60 microinches) Gamma Crown (in five inches) ...... 0.0005 inch, start measuring 1¤4 inch from slit edge Flatness ...... 20 I±UNIT max. Coating ...... C3A±.08A max. (A2 coating acceptable) Camber (in any 10 feet) ...... 1¤16 inch Coil Size I.D...... 20 inches MAGNETIC PROPERTIES Core Loss (1.5T/60 Hz) NAAS ...... 3.8 Watts/Pound max. Permeability (1.5T/60 Hz) NAAS ...... 1700 gauss/oersted typical 1500 minimum • Certain aperture mask steel, which which meets the following Thickness: 0.025 to 0.245 mm has an ultra-flat surface flatness and characteristics: Width: 381–1000 mm CHEMICAL COMPOSITION Element ...... C N Al Weight % ...... < 0.01 0.004 to < 0.007 0.007 • Certain annealed and temper-rolled which meets the following cold-rolled continuously cast steel, characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Si Al As Cu B N VerDate 27 CHEMICAL COMPOSITIONÐContinued Min. Weight % ...... 0.02 0.20 0.03 0.003 Max. Weight % ...... 0.06 0.40 0.02 0.023 (Aim- 0.03 0.08 (Aim- 0.02 0.08 0.008 (Aim- ing 0.018 ing 0.05) ing 0.005) Max.) Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides > 1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Extra Bright ...... 5 (0.1) 0 (0) 7 (0.2) • Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Si Mn P S Al N Weight % ...... less than less than less than less than less than 0.010±0.025 less than 0.08 0.04 0.40 0.03 0.03 0.0025 PHYSICAL AND MECHANICAL PROPERTIES Thickness Tolerance: Guaranteed inside of 15 mm from mill edges ...... ±5 percent (aim ±4 percent) Width Tolerance ...... -0/+7 mm Hardness (Hv) ...... Hv 85±110 Annealing ...... Annealed Surface ...... Matte Tensile Strength ...... >275N/mm 2 Elongation ...... > 36% • Certain annealed and temper-rolled cold-rolled continuously cast steel, in coils, with a certificate of analysis per Cable System International (‘‘CSI’’) Specification 96012, with the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Base Weight ...... 55 pounds Theoretical Thickness ...... 0.0061 inch (±10 percent of theoretical thickness) Width ...... 31 inches Tensile Strength ...... 45,000±55,000 psi Elongation ...... minimum of 15 percent in 2 inches • Certain full hard tin mill black plate, continuously cast, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Si Al As Cu B N Min. Weight 0.02 0.20 0.03 0.003 %. Max. Weight 0.06 0.40 0.02 0.023 (Aiming 0.03 0.08 (Aiming 0.02 0.08 Ð 0.008 (Aiming %. 0.018 Max.) 0.05) 0.005) Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides > 1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. VerDate 27 SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Stone Finish ...... 16 (0.4) 8 (0.2) 24 (0.6) • Certain ultra-bright tin mill black 0.0088 to 0.038 inches, width of 23.0 MR type matte finish, TH basic plate meeting ASTM 7A specifications inches to 36.875 inches. tolerance as per A263 trimmed. • for surface finish and RA of seven • Certain single reduced black plate, Certain single reduced black plate, micro-inches or lower. meeting ASTM A–625–98 meeting ASTM A–625–98 • Concast cold-rolled drawing quality specifications, 53 pound base weight specifications, 65 pound base weight (0.0072 inch thick) with a Temper sheet steel, ASTM a–620–97, Type B, or (0.0058 inch thick) with a Temper classification of T–3 (53–61 hardness single reduced black plate, ASTM A– classification of T–2 (49–57 hardness using the Rockwell 30 T scale). 625–92, Type D, T–1, ASTM A–625–76 using the Rockwell 30 T scale). • Certain cold-rolled black plate bare and ASTM A–366–96, T1–T2–T3 • Certain single reduced black plate, steel strip, meeting ASTM A–625 Commercial bright/luster 7a both sides, meeting ASTM A–625–76 specifications, which meet the following RMS 12 maximum. Thickness range of specifications, 55 pound base weight, characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness: ...... 0.0058 inch +/¥0.0003 inch Hardness ...... T2/HR 30T 50±60 aiming Elongation ...... ≥ 15% Tensile Strength ...... 51,000 psi +/¥4.0 aiming • Certain cold-rolled black plate bare steel strip, in coils, meeting ASTM A–623, Table II, Type MR specifications, which meet the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.04 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness: ...... 0.0060 inch (+/¥0.0005 inch). Width: ...... ≥10 inches (+1¤4 to 3¤8 inch/¥0). Tensile strength: ...... 55,000 psi max. Elongation: ...... minimum of 15 percent in 2 inches. • Certain ‘‘blued steel’’ coil (also know as ‘‘steamed blue steel’’ or ‘‘blue oxide’’) with a thickness of 0.30 mm to 0.42 mm and width of 609 mm to 1219 mm, in coil form; • Certain cold-rolled steel sheet, whether coated or not coated with porcelain enameling prior to importation, which meets the following characteristics: Thickness (nominal): ≥0.019 inch Width: 35 to 60 inches CHEMICAL COMPOSITION Element ...... C O B Max. Weight % ...... 0.004 Min. Weight % ...... 0.010 0.012 • Certain cold-rolled steel, which meets the following characteristics: Width:> 66 inches CHEMICAL COMPOSITION Element ...... C Mn P Si Max. Weight % ...... 0.07 0.67 0.14 0.03 VerDate 27 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm): ...... 0.800±2.000 Min. Yield Point (MPa): ...... 265 Max Yield Point (MPa): ...... 365 Min. Tensile Strength (MPa): ...... 440 Min. Elongation %: ...... 26 • Certain band saw steel, which meets the following characteristics: Thickness: ≥ 1.31 mm Width: ≥ 80 mm CHEMICAL COMPOSITION Element ...... C Si Mn P S Cr Ni Weight % ...... 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≥ 0.03 ≥ 0.007 0.3 to 0.5 ≥ 0.25 Other properties: pits, scratches, rust, cracks, or mm max. Carbide: fully spheroidized having > seams • Certain transformation-induced 80% of carbides, which are ≥ 0.003 Smooth edges plasticity (TRIP) steel, which meets the Edge camber (in each 300 mm of following characteristics: mm and uniformly dispersed length): ≤7 mm arc height Surface finish: bright finish free from Cross bow (per inch of width): 0.015 Variety 1 CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.09 1.0 0.90 Max. Weight % ...... 0.13 2.1 1.7 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 320 Max Yield Point (MPa) ...... 480 Min. Tensile Strength (MPa) ...... 590 Min. Elongation %: ...... 24 (if 1.000±1.199 thickness range) 25 (if 1.200±1.599 thickness range) 26 (if 1.600±1.999 thickness range) 27 (if 2.000±2.300 thick- ness range) Variety 2 CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.12 1.5 1.1 Max. Weight % ...... 0.16 2.1 1.9 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 340 Max Yield Point (MPa) ...... 520 Min. Tensile Strength (MPa) ...... 690 Min. Elongation % ...... 21 (if 1.000±1.199 thickness range) 22 (if 1.200±1.599 thickness range) 23 (if 1.600±1.999 thickness range)24 (if 2.000±2.300 thick- ness range) Variety 3 CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.13 1.3 1.5 Max. Weight % ...... 0.21 2.0 2.0 VerDate 27 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.200±2.300 (inclusive) Min. Yield Point (MPa) ...... 370 Max Yield Point (MPa) ...... 570 Min. Tensile Strength (MPa) ...... 780 Min. Elongation % ...... 18 (if 1.200±1.599 thickness range) 19 (if 1.600±1.999 thickness range)20 (if 2.000±2.300 thickness range) • Certain corrosion-resistant cold- Variety 1 rolled steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.10 0.40 0.10 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.600±0.800. Min. Yield Point (MPa) ...... 185. Max Yield Point (MPa) ...... 285. Min. Tensile Strength (MPa) ...... 340. Min. Elongation % ...... 31(ASTM standard 31% = JIS standard 35%). Variety 2 CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.05 0.40 0.08 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.800±1.000 Min. Yield Point (MPa) ...... 145 Max Yield Point (MPa) ...... 245 Min. Tensile Strength (MPa) ...... 295 Min. Elongation % ...... 31 (ASTM standard 31% = JIS standard 35%) Variety 3 CHEMICAL COMPOSITION Element ...... C Si Mn P S Cu Ni Al Nb, Ti, V, B Mo Max. Weight % ...... 0.01 0.05 0.40 0.10 0.023 0.15±.35 0.35 0.10 0.10 0.30 PHYSICAL AND MECHANICAL PROPERTIES Thickness (mm) ...... 0.7 Elongation % ...... ≥35 • Porcelain enameling sheet, drawing 7209.15.0000, 7209.16.0030, 7210.70.3000, 7210.90.9000, quality, in coils, 0.014 inch in thickness, 7209.16.0060, 7209.16.0090, 7211.23.1500, 7211.23.2000, +0.002, ¥0.000, meeting ASTM A–424– 7209.17.0030, 7209.17.0060, 7211.23.3000, 7211.23.4500, 96 Type 1 specifications, and suitable 7209.17.0090, 7209.18.1530, 7211.23.6030, 7211.23.6060, for two coats. 7209.18.1560, 7209.18.2550, 7211.23.6085, 7211.29.2030, The merchandise subject to this 7209.18.6000, 7209.25.0000, 7211.29.2090, 7211.29.4500, investigation is typically classified in 7209.26.0000, 7209.27.0000, 7211.29.6030, 7211.29.6080, the HTSUS at subheadings: 7209.28.0000, 7209.90.0000, 7211.90.0000, 7212.40.1000, VerDate 27 7212.40.5000, 7212.50.0000, available. Since then, no interested of our determination. As our final 7225.19.0000, 7225.50.6000, parties have provided comments on the determination is affirmative, the ITC 7225.50.7000, 7225.50.8010, Preliminary Determination and no will, within 45 days, determine whether 7225.50.8085, 7225.99.0090, request for a hearing has been received these imports are materially injuring, or 7226.19.1000, 7226.19.9000, by the Department. Therefore, we are threaten material injury to, the U.S. 7226.92.5000, 7226.92.7050, continuing to use as adverse facts industry. If the ITC determines that 7226.92.8050, and 7226.99.0000. available the rate alleged by petitioners. material injury, or threat of material Although the HTSUS subheadings are The All-Others Rate injury does not exist, the proceeding provided for convenience and U.S. will be terminated and all securities Customs Service (‘‘U.S. Customs’’) All foreign manufacturers/exporters posted will be refunded or canceled. If purposes, the written description of the in this investigation are being assigned the ITC determines that such injury merchandise under investigation is dumping margins on the basis of facts does exist, the Department will issue an dispositive. otherwise available. Section 735(c)(5)(B) antidumping duty order directing The Department received comments of the Act provides that, where the Customs officials to assess antidumping from a number of parties including dumping margins established for all duties on all imports of the subject importers, respondents, consumers, and exporters and producers individually merchandise entered for consumption the petitioners, aimed at clarifying the investigated are determined entirely on or after the effective date of the scope of these investigations. See under section 776 of the Act, the suspension of liquidation. Memorandum to Joseph A. Spetrini Department may use any reasonable This determination is issued and (‘‘Scope Memorandum’’), January 18, method to establish the estimated all- published in accordance with sections 2000, for a list of all persons submitting others rate for exporters and producers 735(d) and 777(i)(1) of the Act. comments and a discussion of all scope not individually investigated, including Dated: January 18, 2000. comments including those exclusion weight-averaging the facts available requests under consideration at the time margins. In this case, the margin Robert S. LaRussa, of the preliminary determination in assigned to the only company Assistant Secretary for Import these investigations. investigated is based on adverse facts Administration. [FR Doc. 00–1848 Filed 2–3–00; 8:45 am] Period of Investigation available. Therefore, consistent with the statute and the SAA at 873, we are using BILLING CODE 3510±DS±P The period of investigation is April 1, an alternative method. In the 1998 through March 31, 1999. Preliminary Determination, as an DEPARTMENT OF COMMERCE Facts Available alternative, we based the all-others rate on the margin alleged in the petition. In the Preliminary Determination, the International Trade Administration We received no comments on this issue, Department based the margin on facts and therefore continue to use this basis [C±351±831] otherwise available under sections for the final determination. As a result, 776(a)(2)(A) and (C) because Iscor the all-others rate is 16.65 percent. Final Affirmative Countervailing Duty Limited (‘‘Iscor’’), the only known South Determination: Certain Cold Rolled African exporter of subject merchandise, Continuation of Suspension of Flat-Rolled Carbon-Quality Steel failed to respond to our questionnaire Liquidation Products From Brazil and significantly impeded the In accordance with section AGENCY: Import Administration, investigation, and because the relevant 735(c)(1)(B) of the Act, we are directing subsections of section 782 of the Act International Trade Administration, the Customs Service to continue to Department of Commerce. therefore do not apply. suspend liquidation of all entries of EFFECTIVE DATE: February 4, 2000. Section 776(b) of the Act provides subject merchandise from South Africa, that, in selecting from among the facts that are entered, or withdrawn from FOR FURTHER INFORMATION CONTACT: available, the Department may employ warehouse, for consumption on or after Dana Mermelstein or Javier Barrientos, adverse inferences when an interested November 10, 1999 (the date of Office of CVD/AD Enforcement VII, party has failed to cooperate by not publication of the Preliminary Import Administration, U.S. Department acting to the best of its ability to comply Determination in the Federal Register). of Commerce, Room 7866, 14th Street with requests for information. See also The Customs Service shall continue to and Constitution Avenue, N.W., ‘‘Statement of Administrative Action’’ require a cash deposit or posting of a Washington, D.C. 20230; telephone accompanying the URAA, H.R. Rep. No. bond equal to the estimated amount by (202) 482–3208 and (202) 482–2243, 103–316, 870 (1994) (‘‘SAA’’). Based on which the normal value exceeds the respectively. Iscor’s failure to respond to the U.S. price as shown below. These FINAL DETERMINATION: The Department’s antidumping suspension of liquidation instructions Department of Commerce (the questionnaire, we have determined that will remain in effect until further notice. Department) determines that Iscor has not acted to the best of its The weighted-average dumping margins countervailable subsidies are being ability to comply with the Department’s are as follows: provided to producers and/or exporters information requests. Therefore, of certain cold-rolled flat-rolled carbon- pursuant to 776(b) of the Act, we used quality steel products from Brazil. For Exporter/manufacturer Margin per- an adverse inference in selecting a centage information on the estimated margin from the facts available. As facts countervailing duty rates, please see the available, the Department applied a Iscor ...... 16.65 ‘‘Suspension of Liquidation’’ section of All Others ...... 16.65 margin of 16.65 percent, the only this notice. alleged margin in the petition. As SUPPLEMENTARY INFORMATION: discussed in the Preliminary ITC Notification Determination, the Department has, to In accordance with section 735(d) of Petitioners the extent practicable, corroborated the the Act, we have notified the The petition in this investigation was information used as adverse facts International Trade Commission (‘‘ITC’’) filed by Bethlehem Steel Corporation, VerDate 27 Gulf States Steel Inc., Ispat Inland, Inc., times the thickness; or, if of a thickness 0.15 percent of zirconium. LTV Steel Company, Inc., National Steel of 4.75 mm or more, having a width All products that meet the written Corporation, Steel Dynamics Inc., U.S. exceeding 150 mm and measuring at physical description, and in which the Steel Group (a unit of USX Corporation), least twice the thickness. The products chemistry quantities do not exceed any Weirton Steel Corporation, the described above may be rectangular, one of the noted element levels listed Independent Steelworkers of America square, circular or other shape and above, are within the scope of this and the United Steelworkers of America include products of either rectangular or investigation unless specifically (collectively, ‘‘the petitioners’’). non-rectangular cross-section where excluded. The following products, by Case History such cross-section is achieved way of example, are outside and/or subsequent to the rolling process (i.e., specifically excluded from the scope of Since the publication of our products which have been ‘‘worked this investigation: preliminary determination in this after rolling’’)—for example, products • investigation on October 1, 1999 SAE grades (formerly also called which have been beveled or rounded at AISI grades) above 2300; (Preliminary Affirmative Countervailing the edges. • Ball bearing steels, as defined in the Duty Determination and Alignment of Specifically included in this scope are Final Countervailing Duty HTSUS; vacuum degassed, fully stabilized • Determination With Final Antidumping (commonly referred to as interstitial-free Tool steels, as defined in the Duty Determination: Certain Cold Rolled (‘‘IF’’)) steels, high strength low alloy HTSUS; • Flat-Rolled Carbon-Quality Steel (‘‘HSLA’’) steels, and motor lamination Silico-manganese steel, as defined Products from Brazil, 64 FR 53332) steels. IF steels are recognized as low in the HTSUS; • (Preliminary Determination), the carbon steels with micro-alloying levels Silicon-electrical steels, as defined following events have occurred: of elements such as titanium and/or in the HTSUS, that are grain-oriented; We conducted verification of the niobium added to stabilize carbon and • Silicon-electrical steels, as defined countervailing duty questionnaire nitrogen elements. HSLA steels are in the HTSUS, that are not grain- responses from October 21 through recognized as steels with micro-alloying oriented and that have a silicon level October 26, 1999. The final levels of elements such as chromium, exceeding 2.25 percent; determination of this countervailing copper, niobium, titanium, vanadium, • All products (proprietary or duty investigation was aligned with the and molybdenum. Motor lamination otherwise) based on an alloy ASTM final antidumping duty determination steels contain micro-alloying levels of specification (sample specifications: (see 64 FR at 53334). On December 2, elements such as silicon and aluminum. ASTM A506, A507); 1999, and December 7, 1999, the Steel products included in the scope • Non-rectangular shapes, not in Department released its verification of this investigation, regardless of coils, which are the result of having reports to all interested parties. definitions in the Harmonized Tariff been processed by cutting or stamping Respondents submitted a case brief on Schedules of the United States and which have assumed the character December 15, 1999; petitioners (‘‘HTSUS’’), are products in which: (1) of articles or products classified outside submitted a rebuttal brief on December Iron predominates, by weight, over each chapter 72 of the HTSUS. 21, 1999. of the other contained elements; (2) the • Silicon-electrical steels, as defined Scope of Investigations carbon content is 2 percent or less, by in the HTSUS, that are not grain- weight, and; (3) none of the elements For purposes of this investigation, the oriented and that have a silicon level listed below exceeds the quantity, by less than 2.25 percent, and (a) fully- products covered are certain cold-rolled weight, respectively indicated: (cold-reduced) flat-rolled carbon-quality processed, with a core loss of less than steel products, neither clad, plated, nor 1.80 percent of manganese, or 0.14 watts/pound per mil (.001 inch), or 2.25 percent of silicon, or (b) semi-processed, with core loss of less coated with metal, but whether or not 1.00 percent of copper, or annealed, painted, varnished, or coated than 0.085 watts/pound per mil (.001 0.50 percent of aluminum, or inch); with plastics or other non-metallic 1.25 percent of chromium, or • substances, both in coils, 0.5 inch wide Certain shadow mask steel, which is 0.30 percent of cobalt, or aluminum killed cold-rolled steel or wider, (whether or not in 0.40 percent of lead, or successively superimposed layers and/ coil that is open coil annealed, has 1.25 percent of nickel, or an ultra-flat, isotropic surface, and or otherwise coiled, such as spirally 0.30 percent of tungsten, or which meets the following oscillated coils), and also in straight 0.10 percent of molybdenum, or lengths, which, if less than 4.75 mm in 0.10 percent of niobium (also called characteristics: thickness having a width that is 0.5 inch columbium), or Thickness: 0.001 to 0.010 inch or greater and that measures at least 10 0.15 percent of vanadium, or Width: 15 to 32 inches CHEMICAL COMPOSITION Element ...... C Weight % ...... < 0.002% • Certain flapper valve steel, which is hardened and tempered, surface polished, and which meets the following characteristics: Thickness: 1.0 mm Width: 152.4 mm CHEMICAL COMPOSITION Element ...... C Si Mn P S Weight % ...... 0.90±1.05 0.15±0.35 0.30±0.50 0.03 0.006 VerDate 27 MECHANICAL PROPERTIES Tensile Strength ...... 162 Kgf/mm2 Hardness ...... 475 Vickers hardness number PHYSICAL PROPERTIES Flatness ...... 0.2% of nominal strip width Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percentage) and are undissolved in the uniform tempered martensite. NON-METALLIC INCLUSION Area percent- age Sulfide Inclusion ...... ≤0.04% Oxide Inclusion ...... ≤0.05% Compressive Stress: 10 to 40 Kgf/mm 2 SURFACE ROUGHNESS Roughness Thickness (mm) (µm) t≤0.209 ...... Rz≤0.5 0.209 • Certain ultra thin gauge steel strip, which meets the following characteristics: Thickness: ≤0.100 mm ±7% Width: 100 to 600 mm CHEMICAL COMPOSITION Element ...... C Mn P S Al Fe Weight % ...... ≤0.07 0.2±0.5 ≤0.05 ≤0.05 ≤0.07 Balance MECHANICAL PROPERTIES Hardness ...... Full Hard (Hv 180 minimum) Total Elongation ...... <3% Tensile Strength ...... 600 to 850 N/mm2 PHYSICAL PROPERTIES Surface Finish ...... ≤0.3 micron Camber (in 2.0 m) ...... <3.0 mm Flatness (in 2.0 m) ...... ≤0.5 mm Edge Burr ...... <0.01 mm greater than thickness Coil Set (in 1.0 m) ...... <75.0 mm • Certain silicon steel, which meets the following characteristics: Thickness: 0.024 inch ±.0015 inch Width: 33 to 45.5 inches CHEMICAL COMPOSITION Element ...... C Mn P S Si Al Min. Weight % ...... 0.65 Max. Weight % ...... 0.004 0.4 0.09 0.009 0.4 MECHANICAL PROPERTIES Hardness ...... B 60±75 (AIM 65) VerDate 27 PHYSICAL PROPERTIES Finish ...... Smooth (30±60 microinches) Gamma Crown (in 5 inches) ...... 0.0005 inch, start measuring inch from slit edge Flatness ...... 20 I±UNIT max. Coating ...... C3A±.08A max. (A2 coating acceptable) Camber (in any 10 feet) ...... 1¤16 inch Coil Size I.D...... 20 inches MAGNETIC PROPERTIES Core Loss (1.5T/60 Hz) NAAS ...... 3.8 Watts/Pound max. Permeability (1.5T/60 Hz) NAAS ...... 1700 gauss/oersted typical. 1500 minimum. • Certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: Thickness: 0.025 to 0.245 mm Width: 381–1000 mm CHEMICAL COMPOSITION Element ...... C N Al Weight % ...... < 0.01 0.004 to 0.007 < 0.007 • Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Si Al As Cu B N Min. Weight % ...... 0.02 0.20 0.03 0.003 Max. Weight % ...... 0.06 0.40 0.02 0.023 0.03 0.08 0.02 0.08 0.008 (Aiming (Aiming (Aiming 0.018 0.05) 0.005) Max.) Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides >1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Extra Bright ...... 5 (0.1) 0 (0) 7 (0.2) • Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Si Mn P S Al N Weight % ...... <0.08 <0.04 <0.40 <0.03 <0.030.0 0.010±0.025 <0.0025 PHYSICAL AND MECHANICAL PROPERTIES Thickness Tolerance ...... ±5 percent Guaranteed inside of 15 mm from mill edges ...... (aim ±4 percent) Width Tolerance ...... -0/+7 mm Hardness (Hv) ...... Hv 85±110 Annealing ...... Annealed Surface ...... Matte Tensile Strength ...... <275N/mm2 Elongation ...... <36% • Certain annealed and temper-rolled cold-rolled continuously cast steel, in coils, with a certificate of analysis per Cable System International (‘‘CSI’’) Specification 96012, with the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S VerDate 27 CHEMICAL COMPOSITIONÐContinued Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Base Weight ...... 55 pounds Theoretical Thickness ...... 0.0061 inch (+/¥10 percent of theoretical thickness) Width ...... 31 inches Tensile Strength ...... 45,000±55,000 psi Elongation ...... minimum of 15 percent in 2 inches • Certain full hard tin mill black plate, continuously cast, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Si Al As Cu B N Min. Weight % 0.02 0.20 0.03 0.003 Max. Weight % 0.06 0.40 0.02 0.023 (Aiming 0.03 0.08 (Aiming 0.02 0.08 0.008 (Aiming 0.018 Max.) 0.05) 0.005) Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides >1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Stone Finish ...... 16 (0.4) 8 (0.2) 24 (0.6) • Certain ultra-bright tin mill black plate meeting ASTM 7A specifications for surface finish and RA of seven micro-inches or lower. • Concast cold-rolled drawing quality sheet steel, ASTM a–620–97, Type B, or single reduced black plate, ASTM A–625–92, Type D, T–1, ASTM A–625–76 and ASTM A–366–96, T1–T2–T3 Commercial bright/luster 7a both sides, RMS 12 maximum. Thickness range of 0.0088 to 0.038 inches, width of 23.0 inches to 36.875 inches. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 53 pound base weight (0.0058 inch thick) with a Temper classification of T–2 (49–57 hardness using the Rockwell 30 T scale). • Certain single reduced black plate, meeting ASTM A–625–76 specifications, 55 pound base weight, MR type matte finish, TH basic tolerance as per A263 trimmed. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 65 pound base weight (0.0072 inch thick) with a Temper classification of T–3 (53–61 hardness using the Rockwell 30 T scale). • Certain cold-rolled black plate bare steel strip, meeting ASTM A–625 specifications, which meet the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness ...... 0.0058 inch ±0.0003 inch Hardness ...... T2/HR 30T 50±60 aiming Elongation ...... ≥15% Tensile Strength ...... 51,000.0 psi ±4.0 aiming • Certain cold-rolled black plate bare steel strip, in coils, meeting ASTM A–623, Table II, Type MR specifications, which meet the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.04 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness ...... 0.0060 inch (±0.0005 inch) VerDate 27 PHYSICAL AND MECHANICAL PROPERTIESÐContinued Width ...... ≤10 inches (+ 1¤4 to 3¤8 inch/-0) Tensile strength ...... 55,000 psi max. Elongation ...... Minimum of 15 percent in 2 inches • Certain ‘‘blued steel’’ coil (also know as ‘‘steamed blue steel’’ or ‘‘blue oxide’’) with a thickness of 0.30 mm to 0.42 mm and width of 609 mm to 1219 mm, in coil form; • Certain cold-rolled steel sheet, whether coated or not coated with porcelain enameling prior to importation, which meets the following characteristics: Thickness (nominal): ™0.019 inch Width: 35 to 60 inches CHEMICAL COMPOSITION Element ...... C O B Max. Weight % ...... 0.004 ...... Min. Weight % ...... 0.010 0.012 • Certain cold-rolled steel, which meets the following characteristics: • Width: >66 inches CHEMICAL COMPOSITION Element ...... C Mn P Si Max. Weight % ...... 0.07 0.67 0.14 0.03 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.800±2.000 Min. Yield Point (MPa) ...... 265 Max Yield Point (MPa) ...... 365 Min. Tensile Strength (MPa) ...... 440 Min. Elongation % ...... 26 • Certain band saw steel, which meets the following characteristics: Thickness: ≤ 1.31 mm Width: ≤ 80 mm CHEMICAL COMPOSITION Element ...... C Si Mn P S Cr Ni Weight % ...... 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≤ 0.03 0.007 0.3 to 0.5 ≤ 0.25 Other properties: Carbide: Fully spheroidized having > 80% of carbides, which are ≤ 0.003 mm and uniformly dispersed Surface finish: Bright finish free from pits, scratches, rust, cracks, or seams Smooth edges. Edge camber (in each 300 mm of length): ≤ 7 mm arc height Cross bow (per inch of width): 0.015 mm max. • Certain transformation-induced plasticity (TRIP) steel, which meets the following characteristics: Variety 1: CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.09 1.0 0.90 Max. Weight % ...... 0.13 2.1 1.7 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 320 Max Yield Point (MPa) ...... 480 Min. Tensile Strength (MPa) ...... 590 VerDate 27 PHYSICAL AND MECHANICAL PROPERTIESÐContinued Min. Elongation % ...... 24 (if 1.000±1.199 thickness range) 25 (if 1.200±1.599 thickness range) 26 (if 1.600±1.999 thickness range) 27 (if 2.000±2.300 thickness range) Variety 2 CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.12 1.5 1.1 Max. Weight % ...... 0.16 2.1 1.9 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 340 Max Yield Point (MPa) ...... 520 Min. Tensile Strength (MPa) ...... 690 Min. Elongation % ...... 21 (if 1.000±1.199 thickness range) 22 (if 1.200±1.599 thickness range) 23 (if 1.600±1.999 thickness range) 24 (if 2.000±2.300 thickness range) Variety 3 CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.13 1.3 1.5 Max. Weight % ...... 0.21 2.0 2.0 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.200±2.300 (inclusive) Min. Yield Point (MPa) ...... 370 Max Yield Point (MPa) ...... 570 Min. Tensile Strength (MPa) ...... 780 Min. Elongation % ...... 18 (if 1.200±1.599 thickness range) 19 (if 1.600±1.999 thickness range) 20 (if 2.000±2.300 thickness range) ∑ Certain corrosion-resistant cold-rolled steel, which meets the following characteristics: Variety 1 CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight% ...... 0.15 Max. Weight % ...... 0.10 0.40 0.10 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.600±0.800 Min. Yield Point (MPa) ...... 185 Max Yield Point (MPa) ...... 285 Min. Tensile Strength (MPa) ...... 340 Min. Elongation ...... 31 (ASTM standard 31% = JIS standard 35%) Variety 2 VerDate 27 CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.05 0.40 0.08 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.800±1.000 Min. Yield Point (MPa) ...... 145 Max Yield Point (MPa) ...... 245 Min. Tensile Strength (MPa) ...... 295 Min. Elongation % ...... 31 (ASTM standard 31%=JIS standard 35%) Variety 3 CHEMICAL COMPOSITION Element ...... C Si Mn P S Cu Ni Al Nb, Ti, Mo V, B Max. Weight % .... 0.01 0.05 0.40 0.10 0.023 0.15±.35 0.35 0.10 0.10 0.30 PHYSICAL AND MECHANICAL PROPERTIES Thickness (mm): ...... 0.7 Elongation %:≥ ...... 35 • Porcelain enameling sheet, drawing The Department received comments 1999, the ITC published its preliminary quality, in coils, 0.014 inch in from a number of parties including determination that there is a reasonable thickness, +0.002, ¥0.000, meeting importers, respondents, consumers, and indication that an industry in the ASTM A–424–96 Type 1 the petitioners, aimed at clarifying the United States is being materially specifications, and suitable for two scope of these investigations. See injured, or threatened with material coats. Memorandum to Joseph A. Spetrini injury, by reason of imports from Brazil The merchandise subject to this (‘‘Scope Memorandum’’), January 18, of the subject merchandise (64 FR investigation is typically classified in 2000, for a list of all persons submitting 41458). The Commission transmitted its the HTSUS at subheadings: comments and a discussion of all scope determination in this investigation to 7209.15.0000, 7209.16.0030, comments including those exclusion the Secretary of Commerce on July 19, 7209.16.0060, 7209.16.0090, requests under consideration at the time 1999. The views of the Commission are of the preliminary determination in contained in USITC Publication 3214 7209.17.0030, 7209.17.0060, these investigations. (July 1999), entitled Certain Cold-Rolled 7209.17.0090, 7209.18.1530, Steel Products from Argentina, Brazil, 7209.18.1560, 7209.18.2550, The Applicable Statute and Regulations China, Indonesia, Japan, Russia, 7209.18.6000, 7209.25.0000, Unless otherwise indicated, all Slovakia, South Africa, Taiwan, 7209.26.0000, 7209.27.0000, citations to the statute are references to Thailand, Turkey, and Venezuela: 7209.28.0000, 7209.90.0000, the provisions of the Tariff Act of 1930, Investigations Nos. 701–TA–393–396 7210.70.3000, 7210.90.9000, as amended by the Uruguay Round and 731–TA–829–840 (Preliminary). 7211.23.1500, 7211.23.2000, Agreements Act (URAA) effective 7211.23.3000, 7211.23.4500, January 1, 1995 (the Act). In addition, Period of Investigation 7211.23.6030, 7211.23.6060, unless otherwise indicated, all citations The period of investigation (the POI) 7211.23.6085, 7211.29.2030, to the Department’s regulations are to for which we are measuring subsidies is 7211.29.2090, 7211.29.4500, the current regulations as codified at 19 calendar year 1998. 7211.29.6030, 7211.29.6080, CFR Part 351 (1999) and to the Company Histories 7211.90.0000, 7212.40.1000, substantive countervailing duty 7212.40.5000, 7212.50.0000, regulations published in the Federal USIMINAS was founded in 1956 as a 7225.19.0000, 7225.50.6000, Register on November 25, 1998 (63 FR venture between the Brazilian 7225.50.7000, 7225.50.8010, 65348)(CVD Regulations). Government, various stockholders and 7225.50.8085, 7225.99.0090, Nippon Usiminas. In 1974, the majority 7226.19.1000, 7226.19.9000, Injury Test interest in USIMINAS was transferred to 7226.92.5000, 7226.92.7050, Because Brazil is a ‘‘Subsidies SIDERBRAS, the government holding 7226.92.8050, and 7226.99.0000. Agreement Country’’ within the company for steel interests. The Although the HTSUS subheadings are meaning of section 701(b) of the Act, the company underwent several expansions provided for convenience and U.S. International Trade Commission (ITC) is of capacity throughout the 1980s. In Customs Service (‘‘U.S. Customs’’) required to determine whether imports 1990, SIDERBRAS was put into purposes, the written description of the of the subject merchandise from Brazil liquidation and the Government of merchandise under investigation is materially injure, or threaten material Brazil (GOB) decided to include its dispositive. injury to, a U.S. industry. On July 30, operating companies, including VerDate 27 USIMINAS, in its National Privatization Attribution of Subsidies We have also examined the Program (NPP). In 1991, USIMINAS was There are three producers/exporters of ownership of CSN. We note that during partially privatized; as a result of the the subject merchandise in this the POI, two entities, CVRD and Previ initial auction, Companhia do Vale do investigation: USIMINAS, COSIPA, and (the pension fund of the Bank of Brasil), Rio Doce (CVRD), a majority CSN. As discussed above, USIMINAS had meaningful holdings in both government-owned iron ore producer, owns 49.8 percent of COSIPA. The CVD USIMINAS and CSN. As these entities acquired 15 percent of USIMINAS’s Regulations, at section 351.525(b)(6)(ii), both have ownership interests in and common shares. In 1994, the provide guidance with respect to the elect members to the Boards of Directors Government disposed of additional attribution of subsidies between or of both companies, we examined holdings, amounting to 16.2 percent of among companies which have cross- whether CSN and USIMINAS could, the company’s equity. USIMINAS is ownership. Specifically, with respect to notwithstanding the absence of direct now owned by CVRD and a consortium two or more corporations producing the cross-ownership between them, have of private investors, including Nippon subject merchandise which have cross- cross-ownership such that their interests Usiminas, Caixa de Previdencia dos ownership, the regulations direct us to are merged, and one company could Funcionarios do Banco do Brasil (Previ) attribute the subsidies received by either have the ability to use or direct the and the USIMINAS Employee or both corporations to the products assets of the other through their Investment Club. CVRD was partially produced by both corporations. Further, common investors. CVRD holds 15.48 percent of USIMINAS and 10.3 percent privatized in 1997, when 31 percent of section 351.525(b)(6)(vi) defines cross- of CSN (through Docenave); Previ holds the company’s shares were sold. ownership as existing ‘‘between two or 15 percent of the common shares of more corporations where one COSIPA was established in 1953 as a USIMINAS and 13 percent of CSN. Both corporation can use or direct the government-owned steel production USIMINAS and CSN are controlled individual assets of the other company. In 1974, COSIPA was through shareholders’ agreements, corporation(s) in essentially the same transferred to SIDERBRAS. Like which require that the participating ways it can use its own assets. USIMINAS, COSIPA was included in shareholders (who together account for Normally, this standard will be met the NPP after SIDERBRAS was put into more than 50 percent of the shares of where there is a majority voting liquidation. In 1993, COSIPA was the company) pre-vote issues before the partially privatized, with the GOB ownership interest between two Board of Directors and vote as a block. retaining a minority of the preferred corporations through common While CVRD and Previ both participate shares. Control of the company was ownership of two (or more) in the CSN shareholders’ agreement, acquired by a consortium of investors corporations.’’ The preamble to the CVD and thus exercise considerable led by USIMINAS. In 1994, additional Regulations identifies situations where influence over the use of CSN’s assets, government-held shares were sold, but cross-ownership may exist even though neither CVRD nor Previ participates in the GOB still maintained approximately there is less than a majority voting the USIMINAS shareholders’ agreement 25 percent of COSIPA’s preferred interest between two corporations: ‘‘In and neither CVRD nor Previ has any shares. During the POI, USIMINAS certain circumstances, a large minority appreciable influence (beyond their owned 49.8 percent of the voting capital interest (for example, 40 percent) or a respective 15.48 and 15 percent stock of the company. Other principal ‘golden share’ may also result in cross- USIMINAS shareholdings) over the use owners include Bozano Simonsen Asset ownership’’ (63 FR at 65401). of USIMINAS’s assets. Therefore, In this investigation, we preliminarily Management Ltd., the COSIPA CVRD’s and Previ’s shareholdings in determined that USIMINAS’s 49.8 Employee Investment Club, and both USIMINAS and CSN are not percent ownership interest in COSIPA is COSIPA’s Pension Fund (FEMCO). sufficient to establish cross-ownership sufficient to establish cross-ownership between those two companies under our CSN was established in 1941 and between the two companies because regulatory standard. This absence of commenced operations in 1946 as a USIMINAS is capable of using or common majority or significant government-owned steel company. In directing the individual assets of minority shareholders led us to 1974, CSN was transferred to COSIPA in essentially the same ways it preliminarily determine that SIDERBRAS. In 1990, when can use its own assets. We based this USIMINAS’s and CSN’s interests have SIDERBRAS was put into liquidation, determination on the following: (1) not merged, i.e., one company is not the GOB included CSN in its NPP. In USIMINAS has virtually a majority able to use or direct the individual 1991, 12 percent of the equity of the share in COSIPA; and (2) the remaining assets of the other as though the assets company was transferred to the CSN shareholdings are divided among were their own. Moreover, we found no employee pension fund. In 1993, CSN numerous shareholders (more than ten), other evidence such as golden shares or was partially privatized; CVRD, through with no one shareholder controlling close supplier relationships to lead us to its subsidiary Vale do Rio Doce even one-quarter of the shares which conclude that there is indirect cross- Navegacao S.A. (Docenave), acquired USIMINAS controls. See Preliminary ownership. See Preliminary 9.4 percent of the common shares. The Determination, 64 FR 53332, 53334–35. Determination at 53335. We did not GOB’s remaining share of the firm was We did not learn anything at learn anything at verification which sold in 1994. CSN is now owned by verification which would lead us to would lead us to change our Docenave/CVRD and a consortium of change our preliminary determination preliminary determination nor did we private investors, including Uniao nor did we receive any comments on receive any comments on this issue. Comercio e Partipacoes Ltda., Textilia this issue. Thus, for purposes of this Thus, for the purposes of this final S.A., Previ, the CSN Employee final determination, we have continued determination, we have calculated a Investment Club, and the CSN employee to calculate one subsidy rate for separate countervailing duty rate for pension fund. As discussed above, USIMINAS/COSIPA, by adding together CSN. CVRD was partially privatized in 1997; their countervailable subsidies during CSN was part of the consortium that the POI and dividing that amount by the Changes in Ownership acquired control of CVRD through this sum of the two companies’ sales during In the General Issues Appendix (GIA), partial privatization. the POI. attached to the Final Affirmative VerDate 27 Countervailing Duty Determination; certificates and frozen currencies, and investigation which would enable us to Certain Steel Products from Austria, 58 examined them in the context of our refine or otherwise cause us to change FR 37217, 37226 (July 9, 1993), we privatization methodology. We obtained the approach we developed in the hot- applied a new methodology with information about the use and valuation rolled investigation. Thus, we have respect to the treatment of subsidies of the privatization currencies that were followed the same approach and have received prior to the sale of the used in the NPP, and we learned about applied a 30 percent discount to the company (privatization). how privatization currencies were MYDFAs. In addition, as we did in the Under this methodology, we estimate valued in the context of the hot-rolled investigation, we have the portion of the company’s purchase privatization auctions. Specifically, we applied a 60 percent discount to the price which is attributable to prior found that the GOB accepted most of CPs. See Id. For the remaining subsidies. We compute this estimate by these currencies at their full redeemable privatization currencies, in the Brazil first dividing the face value of the value (face value discounted according Hot-Rolled Final, we applied a 50 company’s subsidies by the company’s to the time remaining until maturity). percent discount as facts available, net worth for each of the years Additionally, foreign debt and which reflected an average of the range corresponding to the company’s restructuring bonds (MYDFAs) were of discounts estimated. Because no allocation period, ending one year prior accepted at 75 percent of their information has been provided in this to the privatization. We then take the redeemable value. Many of the investigation which accurately indicates simple average of these ratios, which government bonds that were accepted as the relevant secondary market discounts serves as a reasonable surrogate for the privatization currencies were routinely for these instruments, and in accordance percentage that subsidies constitute of trading at a discount on secondary with section 776(a) of the Act, we are the overall value, i.e., net worth, of the markets. However, no data or estimation again applying, as facts available, the 50 company. Next, we multiply the of the applicable discounts was percent discount to the remaining purchase price of the company by this provided for the record in that privatization currencies. average ratio to derive the portion of the investigation. See Brazil Hot-Rolled Subsidies Valuation Information purchase price that we estimate to Final at 38745. Further, it was common reflect the repayment of prior subsidies. knowledge that these bonds traded at a Allocation Period Then, we reduce the benefit streams of significant discount in these markets, Section 351.524(d)(2) of the CVD the prior subsidies by the ratio of the and that investors actively traded to repayment/reallocation amount to the Regulations states that we will presume obtain the cheapest bonds in order to the allocation period for non-recurring net present value of all remaining maximize their positions in the benefits at the time of the change in subsidies to be the average useful life privatization auctions. The value of the (AUL) of renewable physical assets for ownership. For this final determination, bonds varied depending on the we have conformed our net present the industry concerned, as listed in the instrument’s yield and length to Internal Revenue Service’s (IRS) 1977 value calculation with the methodology maturity and traded within a range of 40 outlined in the GIA. See GIA 58 FR at Class Life Asset Depreciation Range percent to 90 percent of the redeemable System and updated by the Department 37263. value, i.e., with a discount ranging from In the current investigation, we are of Treasury. The presumption will 10 percent to 60 percent. Because analyzing the privatizations of apply unless a party claims and various issues of bonds were accepted USIMINAS, COSIPA and CSN, establishes that these tables do not as privatization currencies, with including the various partial reasonably reflect the AUL of the different yields and terms, precise privatizations. In conducting these renewable physical assets for the valuation data was not available. analyses, to the extent that government- company or industry under owned or controlled companies However, public information from the investigation, and the party can purchased shares, we have not applied record of the hot-rolled investigation, establish that the difference between the our methodology to that percentage of subsequently placed on the record of company-specific or country-wide AUL the acquired shares equal to the this investigation, indicates that during for the industry under investigation is percentage of government ownership in the period 1991 through 1994 most significant. the partially government-owned bonds traded with discounts ranging In this investigation, no party to the purchaser (notwithstanding from 40 to 60 percent on average. proceeding has claimed that the AUL respondents’ arguments on this issue Privatization Certificates (CPs), which listed in the IRS tables does not which are discussed below in Comment banks were forced to purchase and reasonably reflect the AUL of the 6). We have also adjusted certain figures could only be used in the privatization renewable physical assets for the firm or included in the privatization auctions, traded at a discount of industry under investigation. Therefore, calculations to account for inflationary approximately 60 percent on average; in accordance with section accounting practices. Further, we MYDFAs traded at 30 percent of their 351.524(d)(2) of the CVD Regulations, accounted for CVRD’s 1997 partial face value, i.e., at a discount of 70 and for the purposes of this final privatization by making the same percent. See Brazil Hot-Rolled Final, 64 determination, we are using the 15-year adjustments to USIMINAS and CSN’s FR at 38745. AUL as reported for the steel industry calculations described in Final In the hot-rolled investigation, we in the IRS tables to allocate the non- Affirmative Countervailing Duty concluded that some adjustment to the recurring subsidies under investigation. Determination: Certain Hot-Rolled Flat- purchase price of the companies was Equityworthiness Rolled Carbon-Quality Steel Products warranted because of the use of from Brazil (Brazil Hot-Rolled Final) 64 privatization currencies in the auctions. In accordance with section 351.507 FR 38742, 38745, 38752 (Department’s See Brazil Hot-Rolled Final, at 38745, (a)(1) of the Department’s CVD Position on Comment 3). 38752 (the Department’s Position on Regulations, a government-provided In Brazil Hot-Rolled Final, we also Comment 3). Although this issue is equity infusion confers a benefit to the noted the use of privatization discussed further in Comments 6 and 7 extent that the investment decision is currencies, i.e., certain existing below, no further information has been inconsistent with the usual investment government bonds, privatization provided in the record of this practice of private investors, including VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 Assistant Secretary for Import Applicable Statute and Regulations from November 15 through November Administration. Unless otherwise indicated, all 20, 1999, at COSIPA’s production If the ITC determines that material citations to the Tariff Act of 1930, as facility in Cubatao, Brazil. See injury, or threat of material injury, does amended (the Act), are references to the Memorandum For the File; ‘‘Sales not exist, this proceeding will be provisions effective January 1, 1995, the Verification of Sections A–C Questionnaire Responses Submitted by terminated and all estimated duties effective date of the amendments made ´ Companhia Siderurgica Paulista deposited or securities posted as a result to the Act by the Uruguay Round (COSIPA),’’ December 17, 1999 of the suspension of liquidation will be Agreements Act (URAA). In addition, (COSIPA’s Sales Verification Report) refunded or canceled. If, however, the unless otherwise indicated, all citations and Memorandum to Neal Halper, ITC determines that such injury does to the Department’s regulations are to Acting Director, Office of Accounting; exist, we will issue a countervailing the regulations codified at 19 CFR Part ‘‘Verification of the Cost of Production duty order. 351 (April 1999). and Constructed Value Submissions of ´ Destruction of Proprietary Information Final Determination Companhia Siderurgica Paulista,’’ In the event that the ITC issues a final We determine that certain cold-rolled December 23, 1999 (COSIPA’s Cost Verification Report). negative injury determination, this flat-rolled carbon-quality steel products The Department verified sections A notice will serve as the only reminder (cold-rolled steel) from Brazil are being, (General Information) and B (Home to parties subject to Administrative or are likely to be, sold in the United Market Sales) responses of Rio Negro Protective Order (APO) of their States at less than fair value (LTFV), as Industria e Comercio de Aco S.A. (Rio responsibility concerning the provided in section 735 of the Act. The Negro) (an affiliated distributor of destruction of proprietary information estimated margins of sales at LTFV are USIMINAS) on November 4 and disclosed under APO in accordance shown in the Suspension of Liquidation November 5, 1999. The verification was with 19 CFR 351.305(a)(3). Failure to section of this notice. performed at Rio Negro’s sales branch comply is a violation of the APO. Case History and administrative headquarters in This determination is published Guarulhos, Brazil. See Memorandum to We published in the Federal Register pursuant to sections 705(d) and 777(i) of the File; ‘‘Sales Verification Report of the Preliminary Determination in this the Act. Rio Negro Industria e Comercio de Aco investigation on November 10, 1999. Dated: January 18, 2000. S.A.,’’ December 27, 1999, (Rio Negro’s See Notice of Preliminary Determination Robert S. LaRussa, Sales Verification Report). Public of Sales at Less Than Fair Value: Cold- versions of these, and all other Assistant Secretary for Import Rolled Flat-Rolled Carbon-Quality Steel Administration. Departmental memoranda referred to Products from Brazil, 64 FR 61249 herein, are on file in room B–099 of the [FR Doc. 00–1849 Filed 2–3–00; 8:45 am] (November 10, 1999) (Preliminary BILLING CODE 3510±DS±P main Commerce building. Determination). Since the publication of On November 29, 1999, Bethlehem the PreliminaryDetermination the Steel Corporation, Gulf States Steel, following events have occurred. Inc., Ispat Inland Steel, LTV Steel DEPARTMENT OF COMMERCE One of the respondents in this ´ Company, Inc., National Steel International Trade Administration investigation, Companhia Siderurgica Corporation, Steel Dynamics, Inc.,U.S. Nacional (CSN) refused verification. The Steel Group, a unit of USX Corporation, Department verified sections A–C of [A±351±830] ´ Weirton Steel Corporation, Independent Usinas Siderugicas de Minas Gerais Steelworkers Union, and United Notice of Final Determination of Sales (USIMINAS’) responses from November Steelworkers of America (petitioners) at Less Than Fair Value: Certain Cold- 15 through November 19, 1999, at requested a public hearing. On January Rolled Flat-Rolled Carbon-Quality Steel USIMINAS’ administrative headquarters 6, 1999, the petitioners withdrew Products From Brazil in Belo Horizonte, Brazil. The requests for a hearing, and therefore, Department verified section D of there was no hearing for this AGENCY: Import Administration, USIMINAS’ response from November 8 investigation. On December 30, 1999, International Trade Administration, through November 12, 1999, at petitioners and USIMINAS/COSIPA Department of Commerce. USIMINAS’ production facility in filed case briefs. We received rebuttal Ipatinga, Brazil. See Memorandum For ACTION: Notice of final determination of briefs from petitioners, USIMINAS/ the File; ‘‘Sales Verification of Sections COSIPA and CSN on January 5, 2000. sales at less than fair value. A–C Questionnaire Responses ´ On December 23, 1999, the Department Submitted by Usinas Siderurgicas de sent a request to USIMINAS to submit EFFECTIVE DATE: February 4, 2000. Minas Gerais, S.A., December 23, 1999 a new home market sales listing as a FOR FURTHER INFORMATION CONTACT: (USIMINAS’ Sales Verification Report) ´ result of minor corrections identified at Phyllis Hall (Companhia Siderurgica and Memorandum to Neal Halper, verification. The Department received Nacional or CSN), Martin Odenyo Acting Director, Office of Accounting; ´ this information on December 30, 1999. (Usinas Siderurgicas de Minas Gerais ‘‘Verification of the Cost of Production and Companhia Siderπrgica Paulista or and Constructed Value Data— Scope of the Investigation USIMINAS/COSIPA), Nancy Decker, or USIMINAS,’’ December 20, 1999 For purposes of this investigation, the Robert M. James, Import (USIMINAS’ Cost Verification Report). products covered are certain cold-rolled Administration, International Trade The Department verified sections A– (cold-reduced) flat-rolled carbon-quality ´ Administration, U.S. Department of C of Companhia Siderurgica Paulista steel products, neither clad, plated, nor Commerce, 14th Street and Constitution (COSIPA’s) responses from November 8 coated with metal, but whether or not Avenue, N.W. Washington, DC 20230; through November 12, 1999, at annealed, painted, varnished, or coated telephone: (202) 482–1398, (202) 482– COSIPA’s production facility in with plastics or other non-metallic 5254, (202) 482–0196 and (202) 482– Cubatao, Brazil. The Department substances, both in coils, 0.5 inch wide 5222, respectively. verified section D of COSIPA’s response or wider, (whether or not in VerDate 27 CHEMICAL COMPOSITION Element ...... C Weight % ...... <0.002% • Certain flapper valve steel, which is polished, and which meets the Thickness: ≤1.0 mm hardened and tempered, surface following characteristics: Width: ≤ 152.4 mm CHEMICAL COMPOSITION Element ...... C Si Mn P S Weight % ...... 0.90±1.05 0.15±0.35 0.30±0.50 ≤0.03 ≤0.006 MECHANICAL PROPERTIES Tensile Strength ...... ≥162 Kgf/mm 2 Hardness ...... ≥475 Vickers hardness number PHYSICAL PROPERTIES Flatness ...... <0.2% of nominal strip width Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percentage) and are undissolved in the uniform tempered martensite. VerDate 27 NON-METALLIC INCLUSION Area Percentage Sulfide Inclusion % ...... ≤0.04 Oxide Inclusion % ...... ≤0.05 Compressive Stress: 10 to 40 Kgf/mm 2 SURFACE ROUGHNESS Thickness (mm) Roughness (µ) t ≤0.209 ...... Rz ≤0.5 0.209 • Certain ultra thin gauge steel strip, Thickness: ≤0.100 mm ±7% which meets the following Width: 100 to 600 mm characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Al Fe Weight % ...... ≤0.07 0.2±0.5 ≤0.05 ≤0.05 ≤0.07 Balance MECHANICAL PROPERTIES Hardness ...... Full Hard (Hv 180 minimum) Total Elongation ...... <3% Tensile Strength ...... 600 to 850 N/mm 2 PHYSICAL PROPERTIES Surface Finish ...... ≤0.3 micron. Camber (in 2.0 m) ...... <3.0 mm. Flatness (in 2.0 m) ...... ≤0.5 mm. Edge Burr ...... <0.01 mm greater than thickness. Coil Set (in 1.0 m) ...... <75.0 mm. • Certain silicon steel, which meets Width: 33 to 45.5 inches the following characteristics: Thickness: 0.024 inch +/¥.0015 inch CHEMICAL COMPOSITION Element ...... C Mn P S Si Al Min. Weight % ...... 0.65 Max. Weight % ...... 0.004 0.4 0.09 0.009 0.4 MECHANICAL PROPERTIES Hardness ...... B 60±75 (AIM 65) PHYSICAL PROPERTIES Finish ...... Smooth (30±60 microinches) Gamma Crown (in 5 inches) ...... 0.0005 inch, start measuring 1¤4 inch from slit edge Flatness ...... 20 I±UNIT max. Coating ...... C3A±.08A max. (A2 coating acceptable) Camber (in any 10 feet) ...... 1¤16 inch Coil Size I.D...... 20 inches VerDate 27 MAGNETIC PROPERTIES Core Loss (1.5T/60 Hz) ...... 3.8 Watts/Pound max. NAAS ...... Permeability (1.5T/60 Hz) ...... 1700 gauss/oersted typical NAAS ...... 1500 minimum • Certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: Thickness: 0.025 to 0.245 mm Width: 381–1000 mm CHEMICAL COMPOSITION Element ...... C N Al Weight % ...... <0.01 0.004 to <0.007 0.007 • Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Si Al As Cu B N Min. Weight % ...... 0.02 0.20 0.03 Ð 0.003 Max. Weight % ...... 0.06 0.40 0.02 0.023 0.03 0.08 0.02 0.08 Ð 0.008 (Aiming (Aiming (Aiming 0.005) 0.018 0.05) Max.) Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides >1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Extra Bright ...... 5 (0.1) 0 (0) 7 (0.2) • Certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: CHEMICAL COMPOSITION Element ...... C Si Mn P S Al N Weight % ...... <0.08 <0.04 <0.40 <0.03 <0.03 0.010±0.025 <0.0025 PHYSICAL AND MECHANICAL PROPERTIES Thickness Tolerance: Guaranteed inside of 15 mm from mill edges ...... ±5 percent (aim ±4 percent) Width Tolerance ...... ¥0/+7 mm Hardness (Hv) ...... Hv 85±110 Annealing ...... Annealed Surface ...... Matte Tensile Strength ...... >275N/mm 2 Elongation ...... >36% • Certain annealed and temper-rolled cold-rolled continuously cast steel, in coils, with a certificate of analysis per Cable System International (‘‘CSI’’) Specification 96012, with the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Base Weight ...... 55 pounds Theoretical Thickness ...... 0.0061 inch (+/¥10 percent of theoretical thickness) Width ...... 31 inches Tensile Strength ...... 45,000±55,000 psi VerDate 27 PHYSICAL AND MECHANICAL PROPERTIESÐContinued Elongation ...... minimum of 15 percent in 2 inches • Certain full hard tin mill black plate, continuously cast, which meets the following characteristics: CHEMICAL COMPOSITION: Element ...... C Mn P S Si Al As Cu B N Min. Weight % .... 0.02 0.20 0.03 0.003 Max. Weight % ... 0.06 0.40 0.02 0.023 (Aiming 0.03 0.08 (Aiming 0.02 0.08 0.008 (Aiming 0.018 Max.) 0.05) 0.005) Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides 1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. SURFACE FINISH Roughness, RA Microinches (Micrometers) Aim Min. Max. Stone Finish ...... 16(0.4) 8(0.2) 24(0.6) • Certain ultra-bright tin mill black plate meeting ASTM 7A specifications for surface finish and RA of seven micro-inches or lower. • Concast cold-rolled drawing quality sheet steel, ASTM A–620–97, Type B, or single reduced black plate, ASTM A–625–92, Type D, T–1, ASTM A–625–76 and ASTM A–366–96, T1–T2–T3 Commercial bright/luster 7a both sides, RMS 12 maximum. Thickness range of 0.0088 to 0.038 inches, width of 23.0 inches to 36.875 inches. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 53 pound base weight (0.0058 inch thick) with a Temper classification of T–2 (49–57 hardness using the Rockwell 30 T scale). • Certain single reduced black plate, meeting ASTM A–625–76 specifications, 55 pound base weight, MR type matte finish, TH basic tolerance as per A263 trimmed. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 65 pound base weight (0.0072 inch thick) with a Temper classification of T–3 (53–61 hardness using the Rockwell 30 T scale). • Certain cold-rolled black plate bare steel strip, meeting ASTM A–625 specifications, which meet the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.02 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness ...... 0.0058 inch ±0.0003 inch Hardness ...... T2/HR 30T 50±60 aiming Elongation ...... ≥ 15% Tensile Strength ...... 51,000 psi ±4.0 aiming • Certain cold-rolled black plate bare steel strip, in coils, meeting ASTM A–623, Table II, Type MR specifications, which meet the following characteristics: CHEMICAL COMPOSITION Element ...... C Mn P S Max. Weight % ...... 0.13 0.60 0.04 0.05 PHYSICAL AND MECHANICAL PROPERTIES Thickness ...... 0.0060 inch (±0.0005 inch) Width ...... ≤10 inches (+1¤4 to 3¤8 inch/±0) Tensile strength ...... 55,000 psi max. Elongation: ...... minimum of 15 percent in 2 inches • Certain ‘‘blued steel’’ coil (also know as ‘‘steamed blue steel’’ or ‘‘blue oxide’’) with a thickness of 0.30 mm to 0.42 mm and width of 609 mm to 1219 mm, in coil form; • Certain cold-rolled steel sheet, whether coated or not coated with porcelain enameling prior to importation, which meets the following characteristics: • Thickness (nominal): ≤ 0.019 inch VerDate 27 • Width: 35 to 60 inches CHEMICAL COMPOSITION Element ...... C O B Max. Weight % ...... 0.004 Min. Weight % ...... 0.010 0.012 • Certain cold-rolled steel, which meets the following characteristics: • Width: > 66 inches CHEMICAL COMPOSITION Element ...... C Mn P Si Max. Weight % ...... 0.07 0.67 0.14 0.03 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.800±2.000 Min. Yield Point (MPa) ...... 265 Max Yield Point (MPa) ...... 365 Min. Tensile Strength (MPa) ...... 440 Min. Elongation % ...... 26 • Certain band saw steel, which meets the following characteristics: Thickness: ≤ 1.31 mm Width: ≤ 80 mm CHEMICAL COMPOSITION Element ...... C Si Mn P S Cr Ni Weight % ...... 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≤ 0.03 ≤ 0.007 0.3 to 0.5 ≤ 0.25 Other properties: Carbide: fully spheroidized having > 80% of carbides, which are ≤ 0.003 mm and uniformly dispersed Surface finish: bright finish free from pits, scratches, rust, cracks, or seams, smooth edges Edge camber (in each 300 mm of length): ≤ 7 mm arc height Cross bow (per inch of width): 0.015 mm max. • Certain transformation-induced plasticity (TRIP) steel, which meets the following characteristics: Variety 1 CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.09 1.0 0.90 Max. Weight % ...... 0.13 2.1 1.7 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.000±2.300 (inclusive) Min. Yield Point (MPa) ...... 320 Max Yield Point (MPa) ...... 480 Min. Tensile Strength (MPa) ...... 590 Min. Elongation % ...... 24 (if 1.000±1.199 thickness range) 25 (if 1.200±1.599 thickness range) 26 (if 1.600±1.999 thickness range) 27 (if 2.000±2.300 thickness range) Variety 2 CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.12 1.5 1.1 Max. Weight % ...... 0.16 2.1 1.9 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.000±2.300 (inclusive) VerDate 27 PHYSICAL AND MECHANICAL PROPERTIESÐContinued Min. Yield Point (MPa) ...... 340 Max Yield Point (MPa) ...... 520 Min. Tensile Strength (MPa) ...... 690 Min. Elongation % ...... 21 (if 1.000±1.199 thickness range) 22 (if 1.200±1.599 thickness range) 23 (if 1.600±1.999 thickness range) 24 (if 2.000±2.300 thickness range) Variety 3: CHEMICAL COMPOSITION Element ...... C Si Mn Min. Weight % ...... 0.13 1.3 1.5 Max. Weight % ...... 0.21 2.0 2.0 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 1.200±2.300 (inclusive) Min. Yield Point (MPa) ...... 370 Max Yield Point (MPa) ...... 570 Min. Tensile Strength (MPa) ...... 780 Min. Elongation % ...... 18 (if 1.200±1.599 thickness range) 19 (if 1.600±1.999 thickness range) 20 (if 2.000±2.300 thickness range) • Certain corrosion-resistant cold-rolled steel, which meets the following characteristics: Variety 1: CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.15 0.40 0.08 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.600±0.800 Min. Yield Point (MPa) ...... 185 Max Yield Point (MPa) ...... 285 Min. Tensile Strength (MPa) ...... 340 Min. Elongation % ...... 31 (ASTM standard 31% = JIS standard 35%) Variety 2: CHEMICAL COMPOSITION Element ...... C Mn P Cu Min. Weight % ...... 0.15 Max. Weight % ...... 0.10 0.40 0.10 0.35 PHYSICAL AND MECHANICAL PROPERTIES Thickness Range (mm) ...... 0.800±1.000 Min. Yield Point (MPa) ...... 145 Max Yield Point (MPa) ...... 245 Min. Tensile Strength (MPa) ...... 295 Min. Elongation % ...... 31 (ASTM standard 31% = JIS standard 35%) Variety 3: CHEMICAL COMPOSITION Element ...... C Si Mn P S Cu Ni Al Nb, Ti, V, B Mo Max. Weight % ... 0.01 0.05 0.40 0.10 0.023 0.15±.35 0.35 0.10 0.10 0.30 VerDate 27 PHYSICAL AND MECHANICAL PROPERTIES Thickness (mm): ...... 0.7 Elongation %: ...... ≥35 • Porcelain enameling sheet, drawing available in reaching the applicable administrative review conducted under quality, in coils, 0.014 inch in thickness, determination under this title.’’ The section 751 (or section 753 for +0.002, ¥0.000, meeting ASTM A–424– statute requires that certain conditions countervailing duty cases), or any other 96 Type 1 specifications, and suitable be met before the Department may resort information on the record. for two coats. to the facts available. Where the CSN The merchandise subject to this Department determines that a response investigation is typically classified in to a request for information does not We have determined that, in light of the HTSUS at subheadings: comply with the request, section 782(d) CSN’s refusal to continue it’s 7209.15.0000, 7209.16.0030, 7209.16.0060, of the Act provides that the Department participation in this investigation, facts 7209.16.0090, 7209.17.0030, 7209.17.0060, available are warranted with respect to 7209.17.0090, 7209.18.1530, 7209.18.1560, will so inform the party submitting the response and will, to the extent CSN for the final determination. 7209.18.2550, 7209.18.6000. 7209.25.0000, Further, as a result of CSN’s refusal to 7209.26.0000, 7209.27.0000, 7209.28.0000, practicable, provide that party the 7209.90.0000, 7210.70.3000, 7210.90.9000, opportunity to remedy or explain the permit verification, adverse inferences 7211.23.1500, 7211.23.2000, 7211.23.3000, deficiency. If the party fails to remedy are appropriate, pursuant to section 7211.23.4500, 7211.23.6030, 7211.23.6060, the deficiency within the applicable 776(b). The Department, for this final 7211.23.6085, 7211.29.2030, 7211.29.2090, time limits, the Department may, subject determination, has selected as the facts 7211.29.4500, 7211.29.6030, 7211.29.6080, to section 782(e), disregard all or part of otherwise available with respect to CSN, 7211.90.0000, 7212.40.1000, 7212.40.5000, the highest margin in the petition of 7212.50.0000, 7225.19.0000, 7225.50.6000, the original and subsequent responses, as appropriate. Briefly, section 782(e) 63.32 percent. Please see Comment 3 7225.50.7000, 7225.50.8010, 7225.50.8085, below for a more detailed explanation of 7225.99.0090, 7226.19.1000, 7226.19.9000, provides that the Department ‘‘shall not 7226.92.5000, 7226.92.7050, 7226.92.8050, decline to consider information that is this issue. and 7226.99.0000. submitted by an interested party and is USIMINAS/COSIPA Although the HTSUS subheadings are necessary to the determination but does Please see comment section below. provided for convenience and U.S. not meet all the applicable requirements Customs Service (‘‘U.S. Customs’’) established by [the Department]’’ if the Critical Circumstances purposes, the written description of the information is timely, can be verified, is As in the Preliminary Determination, merchandise under investigation is not so incomplete that it cannot be used, 64 FR 61249, 61261 (November 10, dispositive. and if the interested party acted to the The Department received comments 1999), we continue to find critical best of its ability in providing the from a number of parties including circumstances for respondents information. Where all of these importers, respondents, consumers, and USIMINAS/COSIPA as well as for ‘‘all conditions are met, and the Department the petitioners, aimed at clarifying the others.’’ As for CSN, due to its refusal can use the information without undue scope of these investigations. See to permit verification of its company- difficulties, the statute requires it to do Memorandum to Joseph A. Spetrini specific shipment data for the base and so. In addition, section 776(b) of the Act (Scope Memorandum), January 18, comparison periods, we no longer have provides that, if the Department finds 2000, for a list of all persons submitting reliable data upon which to base a that an interested party ‘‘has failed to comments and a discussion of all scope critical circumstances determination for cooperate by not acting to the best of its comments including those exclusion this respondent. Therefore, we must use ability to comply with a request for requests under consideration at the time facts available in accordance with information,’’ the Department may use of the preliminary determination in section 776(a) of the Act. Accordingly, information that is adverse to the these investigations. we examined whether U.S. Customs interests of the party as the facts data reasonably preclude an increase in Period of Investigation otherwise available. Adverse inferences shipments of fifteen percent or more The period of the investigation (POI) are appropriate ‘‘to ensure that the party within a relatively short period for CSN. is April 1, 1998, through March 31, does not obtain a more favorable result However, these data include products 1999. by failing to cooperate than if it had not subject to this investigation and, cooperated fully.’’ See Statement of therefore, we cannot rely on these data Facts Available Administrative Action (SAA) in determining whether there were Section 776(a)(2) of the Act provides accompanying the URAA, H.R. Doc. No. massive shipments of subject that ‘‘if an interested party or any other 316, 103d Cong. 2nd Sess. (1994), at merchandise over a relatively short person—(A) withholds information that 870. Furthermore, ‘‘an affirmative period. Moreover, these data do not has been requested by the administering finding of bad faith on the part of the permit the Department to ascertain the authority * * *; (B) fails to provide respondent is not required before the import volumes for any individual such information by the deadlines for Department may make an adverse company, including CSN. As a result, in the submission of the information or in inference.’’ Final Rule: Antidumping accordance with section 776(b) of the the form and manner requested subject Duties; Countervailing Duties:, 62 FR Act, we have used an adverse inference to subsections (c)(1) and (e) of section 27296, 27340 (May 19, 1997). The in applying facts available and 782; (C) significantly impedes a statute notes, in addition, that in determine that there were massive proceeding under this title; or (D) selecting from among the facts available imports from CSN over a relatively short provides such information but the the Department may, subject to the period. information cannot be verified as corroboration requirements of section With respect to companies in the ‘‘all provided in section 782(i), the 776(c), rely upon information drawn others’’ category, it is the Department’s administering authority shall, subject to from the petition, a final determination normal practice to base its section 782(d), use the facts otherwise in the investigation, any previous determination on the experience of VerDate 27 VerDate 27 VerDate 27 We used daily rates from January 13, producers will be collapsed where According to petitioners, CSN’s 1999 through March 4, 1999 based on producers have production facilities for refusal to cooperate in this investigation the analysis discussed in the similar and identical products that or to permit verification at its facilities preliminary determination. We then would not require substantial retooling casts doubts on CSN’s assertion that it resumed the use of our normal of either facility in order to restructure operates independently. Furthermore, methodology through the end of the manufacturing priorities, and the petitioners claim that the factors in this period of investigation (March 31, Secretary concludes there is significant investigation are similar to those relied 1999), starting with a benchmark based potential for manipulation of price or upon in prior determinations such as on the average of the 20 reported daily production. Referring to this same Final Results of Antidumping Duty rates on March 5, 1999. See Comment 3 section, which explains that the Administrative Review: Certain Fresh below for further discussion of our Department examines the following Cut Flowers from Columbia, 61 FR methodology. factors, among others: (i) The level of 42833, 42853 (August 19, 1996) (Fresh Analysis of Interested Party Comments common ownership; (ii) overlapping Cut Flowers); Final Results of board of directors; and (iii) whether Antidumping Duty Administrative I. Issues Pertaining to All Three operations are intertwined, such as Review: Gray Portland Cement and Respondents through involvement in production and Clinker from Mexico, 64 FR 13148, Comment 1: Whether To Collapse pricing decisions, petitioners claim that 13151 (March 17, 1999); Final USIMINAS/COSIPA With CSN there is a potential for CSN and Determination of Sales at Less than Fair USIMINAS/COSIPA to manipulate price Value: Stainless Steel Wire Rod from Petitioners assert that in addition to and production. According to Sweden, 63 FR 40449, 40453–54 (July collapsing USIMINAS/COSIPA, all of petitioners, CSN and USIMINAS/ 29, 1998); and Final Results of the respondents should be collapsed COSIPA are capable of easily shifting Antidumping Duty Administrative into a single entity for purposes of this production among themselves, as Review and Partial Termination of investigation. They argue that CSN and evidenced by similar production Administrative Review: Circular USIMINAS/COSIPA produce the same facilities and similar products. Welded Non-Alloy Steel Pipe from the products, share common directors, and Additionally, petitioners point out that Republic of Korea, 62 FR 55574, 55587– have intertwined operations, all of the Brazilian government determined 88 (October 27, 1997), in which the which create the potential for the that CVRD, the biggest shareholder in Department collapsed respondents. manipulation of price or production. USIMINAS and a major shareholder in Petitioners argue that the record in the Referring to the Letter from Dewey CSN, should sell off some or all of its instant case is even more compelling Ballantine LLP to the U.S. Department steel assets on the basis of because of the findings of the Brazilian of Commerce, Case No. A–351–828 ‘‘unacceptable concentration of interests government. Petitioners concluded that (March 11, 1999) (Collapsing and abuse of economic power.’’ See the three companies should be assigned Comments) and the November 8, 1999, Petitioners’ November 8, 1999 a single rate in this investigation based submission by petitioners in the instant submission at 2–3 and Attachment 1 on the companies meeting the statutory case, petitioners argue that the linkages (‘‘CVRD Told to Sell Steel Interests,’’ standard for affiliation and collapsing, between all three respondents clearly Metal Bulletin, August 19, 1999, at 19). the documentation of collusive practices satisfy the affiliation and collapsing criteria set out in the Department’s Petitioners also point out that the by the Brazilian government, CSN’s regulations. Brazilian government has been refusal to cooperate, and the Petitioners cite to the definition of investigating, and recently fined, CSN, Department’s previous decisions. affiliated parties and what constitutes USIMINAS, and COSIPA for price-fixing CSN counters that petitioners have ‘‘control’’ of one entity over another in and allegedly operating a cartel. See not provided any new or convincing section 771(33)(E) and (G) of the Act Petitioners’ November 8, 1999 arguments or information to support and in the Statement of Administrative submission at 2–3 and Attachment 2 collapsing. CSN stresses that two Action, H.R. Doc. No. 103–316, at 838– (‘‘Brazilian Mills Deny Price-Fixing, criteria in section 351.401(f)(1) of the 30 (1994) (SAA). Petitioners maintain Face Large Fines,’’ Metal Bulletin, Department’s regulations must be met that CSN, in conjunction with November 1, 1999, at 3). with respect to collapsing: (1) The Companhia Vale do Rio Doce (CVRD) Petitioners cite cases (see FAG companies are affiliated, and (2) the and other affiliated companies, or the Kugelfischer v. United States, 932 F. companies have similar production ‘‘CSN/CVRD group,’’ is affiliated with Supp. 315 (CIT 1996); Nihon Cement facilities that could be used to USIMINAS/COSIPA as evidenced by (1) Co., Ltd. v. United States, 17 CIT 400 restructure manufacturing priorities and the CSN/CVRD group sharing equity (1993); Queen’s Flowers de Colombia, et there is a significant potential for and managerial relationships, thereby al., v. United States, 981 F. Supp. 617 manipulation of price or production. establishing a single business unity (CIT 1997)) in which the U.S. Court of Regarding criterion one, CSN argues that under the control of Benjamin International Trade (the Court) upheld shareholdings and board memberships Steinbruch, the chairman of the board of the Department’s articulation of these have not changed since the Hot-Rolled CSN and CVRD; (2) the CSN/CVRD collapsing criteria. Petitioners state that Steel from Brazil investigation, where group being the largest single the central issue according to the Court the Department found an absence of shareholder in USIMINAS. See is ‘‘whether parties are sufficiently affiliation (see Notice of Final Memorandum from Case Analysts to the related to present the possibility of price Determination of Sales at Less Than Fair File, Case No. A–351–830 at Exhibit 2, manipulation.’’ Petitioners stress that Value; Certain Hot-Rolled Flat-Rolled page 1 (December 23, 1999) (USIMINAS there is more than a ‘‘possibility’’ of Carbon Quality Steel Products from Sales Verification Report); and (3) the price manipulation in the instant Brazil, 64 FR 38756, 38762–63 (July 19, ‘‘CSN/CVRD group’’ sharing board investigation, and that evidence 1999) (Hot-Rolled Steel from Brazil)) nor members with USIMINAS. confirms that the three companies are have they changed since the cold-rolled Petitioners note that the Department’s extensively intertwined and act countervailing verification of CSN and regulations at section 351.401(f)(2) collectively to manipulate prices and CVRD (CVD Verification Report of provide that two or more affiliated production. CVRD at 1–2 (December 1, 1999); and VerDate 27 CVD Verification Report of CSN at 2 support their claim that they have a statute, the Department’s regulations, (December 1, 1999). competitive relationship with CSN and and the Department’s practice (see CSN points out that the Brazilian that the companies are not affiliated. Section 773e(b) of the Act). Respondents government findings, which it claims is Referring to Milton Handler et Al., emphasize that they fully cooperated the only new information proffered by Trade Regulation ch. 4 (3d ed. 1990) with the Department on the collapsing petitioners, does not meet criterion two: (discussing ‘‘Competitor Collaboration issue; therefore the Department cannot the potential for the manipulation of on Price Fixing and Division of render its collapsing decision on the price or production. CSN states that the Markets,’’) respondents argue that price- basis of facts available (see 19 U.S.C. Brazilian government was merely fixing arises when competitors share section 1677e). Furthermore, recommending CVRD sell some or all of price information, not when different respondents contend that applying its steel assets, and that the government arms of the same company share it. adverse facts available in the collapsing observed the ‘‘possibility’’ of limited Respondents also agree with CSN that issue would reward CSN for its non- competition. CSN claims that this does the Brazilian government’s participation, while penalizing not mean that CVRD controls either CSN recommendation that CVRD divest itself USIMINAS/COSIPA for their full or USIMINAS/COSIPA, or that of certain investments was merely an cooperation, because this would result petitioners have produced any new unenforceable policy recommendation. in lower weighted-average rate for CSN facts. Regarding the charges of price- Respondents follow up by stressing that and a higher rate for USIMINAS/ fixing between CSN and USIMINAS/ CVRD does not face any sanctions or COSIPA than the rates calculated in the COSIPA, CSN maintains that these penalties if it does not act on the Preliminary Determination. charges are not true. Nonetheless, CSN Brazilian government’s Respondents conclude that the cases claims that the Brazilian government’s recommendation. See CVD Verification petitioners discussed with respect to the investigation proves that CSN and Report of CVRD at 2. Additionally, collapsing issue are based on factors USIMINAS/COSIPA are not affiliated, respondents agree with CSN that this that are completely absent from the since affiliated companies are permitted information does not prove that CVRD instant investigation. USIMINAS/ to discuss and set prices. Furthermore, actually controls both CSN and COSIPA and CSN should not be CSN emphasizes that the Brazilian USIMINAS. collapsed because they are not mutually government claimed that the companies Respondents argue that petitioners controlled by a third party, and do not were resembling a cartel not a documented links between CVRD and control each other. In addition, monopoly; but, in any case, the CSN, not between CSN and USIMINAS respondents note that petitioners have government has not brought up charges. or even CVRD and USIMINAS. In any abandoned their argument in the CSN concludes that the second case, respondents emphasize that parallel countervailing duty criterion of the law cannot be used to neither CSN nor CVRD controls investigation. prove the first criterion, and that USIMINAS, as noted in the Hot-Rolled petitioners have failed to present Steel From Brazil, 64 FR 38756, 38763 Department’s Position anything new on the issue of affiliation. and the CVD Verification Report of We disagree with petitioners. The Although petitioners presented new CVRD at 2, or COSIPA. Furthermore, Department has determined that information on the issue of price respondents claim that CVRD almost USIMINAS and COSIPA should be manipulation, CSN states that this sued USIMINAS to withdraw its collapsed for margin calculation information, which is being appealed, investment, the two companies are purposes. To collapse CSN with does not prove that the companies are moving toward a more distant USIMINAS/COSIPA, as petitioners affiliated. relationship, and CVRD refused to assist suggest, requires that we first find that USIMINAS/COSIPA (hereinafter, USIMINAS in responding to the CSN and USIMINAS/COSIPA are referred to as respondents) agree with Department’s requests for information. affiliated parties within the meaning of CSN that the collapsing argument is See USIMINAS and COSIPA’s Section A section 771(33) of the Act. Because we moot because the Department has Response, July 20, 1999, at Exhibit. 9; find that USIMINAS/COSIPA is not already rejected it six times in four USIMINAS Verification Report at 7 and affiliated with CSN, we have not consecutive investigations. Respondents 8; CVD Verification Report of CVRD at collapsed these entities for purposes of assert that, in the Hot-Rolled Steel from 2, and Respondents Rebuttal Brief, this investigation. Brazil investigation, the Department had January 5, 2000 at Exhibit 3. The issue of whether CSN is affiliated rejected the significance of USIMINAS As to petitioners comments regarding with USIMINAS/COSIPA is governed by and CSN sharing a board member and CSN’s refusal to cooperate in section 771(33) of the Act, which deems the allegations of price fixing. See Hot- verification, respondents counter that the following persons to be affiliated: Rolled Steel From Brazil, 64 FR 38756, the Department did verify CSN (A) Members of a family; (B) any officer 38762–38763. Additionally, extensively in the CVD proceeding, but or director of an organization and such respondents point out that Mr. Gabriel have no opinion as to whether the organization; (C) partners; (D) employer Stoliar, who petitioners claim was a Department should apply adverse facts and employees; (E) any person directly member of the board for both available against CSN for not or indirectly owning, controlling, or USIMINAS and CSN during the POI, has participating further in the instant holding with power to vote, 5% or more not served on the USIMINAS board investigation (see Comment 2). of the outstanding voting stock or shares since June 1999. See USIMINAS Sales However, respondents strongly disagree of any organization and such Verification Report at 9–10. with petitioners’ argument that the organization; (F) two or more persons On the subject of price-fixing, Department apply adverse facts directly or indirectly controlling, respondents state that USIMINAS/ available against USIMINAS/COSIPA controlled by, or under common control COSIPA and CSN are fierce competitors. because of CSN’s withdrawal from the with, any person; and (G) any person See CVD Verification Report of CSN at case. Respondents state that applying who controls any other person and such 3 (December 1, 1999). Respondents adverse facts available on one company other person. For purposes of this argue that the Brazilian authorities’ based on the actions of another provision, a person controls another price-fixing allegations, which unaffiliated company is against WTO person if the person is in a position to USIMINAS/COSIPA have denied, agreements, the U.S. ‘‘facts available’’ exercise restraint or direction over the VerDate 27 VerDate 27 COSIPA as separate entities for the Value of Foam Extruded PVC and Commerce from Counsel for CSN’’, purposes of this investigation. Polystyrene Framing Stock from the November 2, 1999. In addition, CSN United Kingdom, 61 FR at 51411, 51412 failed to respond to a second II. Company Specific Sales Comments (October 2, 1996), where the respondent supplemental questionnaire of October CSN withdrew from the proceeding and the 15, 1999. Therefore, under sections 776 Comment 2: Use of Total Facts Department used the respondent’s own (a)(2)(B), (C), and (D) of the Act, the Available for CSN information to calculate the margin Department must use facts otherwise because it was higher than the highest available in making its determination. Petitioners state that CSN’s abrupt margin alleged in the petition or the In addition, as required by section refusal to cooperate in this investigation highest calculated rate of any 782(d), CSN was warned that failure to warrants the use of total adverse facts respondent in the investigation. participate in the investigation or permit available. Petitioners specifically Petitioners conclude that the instant verification constituted a deficiency reference CSN’s failure to provide a investigation requires the Department to which could result in the use of the reconciliation of its submitted costs to use a margin of 63.32 percent, which is facts available. Moreover, section 782(e) the amounts in its cost of manufacturing the highest margin provided in the is not applicable as CSN did not permit statement. In addition, petitioners point Petition, as adverse facts available. verification, the information CSN out that CSN refused to provide CSN responds by referring to its submitted cannot serve as a reliable information regarding its reported November 2, 1999 letter to the basis for making the final determination, commission payments, and on the eve Department, where it announced that it and CSN has not demonstrated that it of verification, refused to respond to any was pulling out of the investigation has acted to the best of its ability to requests for further information, and because any results of the investigation provide the information requested and would not permit the Department to ‘‘would have no basis in reality.’’ CSN to meet other requirements (e.g. verify any information. states that the verified dumping margin verification) established by the Citing section 782(i)(1) of the Act, would have been close to, and just as Department with respect to the petitioners state that the Department commercially prohibitive as, the facts information. Thus, the use of facts must verify information before making a available rate. While CSN expected to be available is also warranted under final determination or must use facts painted as uncooperative, CSN claims it section 782. available if the information cannot be did not want the Department to invest Section 776(b) provides that, where verified. Petitioners further assert that it its resources in verifying data that facts available are otherwise is the Department’s longstanding would have still resulted in a market- appropriate, an adverse inference may practice, which the courts have upheld, prohibitive rate reflective of a time be used when a party has failed to to use total facts available, including when the Brazilian real was overvalued. cooperate by not acting to the best of its information and comments on the In sum, CSN expects the Department ability to comply with requests for record, when a party prevents the to use facts available to determine CSN’s information. (See also SAA at 198.) Department from verifying its data and deposit rate, and denies that it has ever Such adverse inference may include withdraws from participation in an ‘‘frustrated the Department’s inquiry.’’ reliance on information derived from investigation. Petitioners maintain that CSN claims that it submitted the cost the petition. To determine whether the CSN stands to benefit from its lack of reconciliations cited by petitioners. respondent cooperated by acting to the cooperation and its withdrawal from Additionally, CSN stresses that it has best of its ability under 776(b), the this proceeding; therefore, using total not prevented the Department from Department considers, among other adverse facts available is justified. investigating the affiliation issue. facts, the accuracy and completeness of Petitioners note that the statute According to CSN, these issues were submitted information and whether the permits the Department, in relying on verified in the instant countervailing respondent has hindered the calculation facts available, to draw an adverse duty investigation, as well as in the hot- of accurate dumping margins. See, e.g, inference where a respondent has failed rolled steel investigation. Final Results of Antidumping Duty to cooperate by not acting to the best of Administrative Review: Certain Welded Department’s Position its ability. Petitioners argue that this is Carbon Steel Pipes and Tubes from the case here, since CSN has withdrawn We agree with petitioners that the Thailand;, 62 FR 53808, 53819–53820, from the proceeding, refuses further application of adverse facts available is (October 16, 1997) (Certain Welded participation, and would not permit warranted. Section 776(a)(2) of the Act Carbon Steel from Thailand); Final verification of its information. provides that if an interested party Results of Antidumping Duty Petitioners note that the Department’s withholds information that has been Administrative Review: Brass Sheet and well-established practice in such cases requested by the Department, fails to Strip from Germany; 63 FR 42823, is to employ total adverse facts provide such information by the 42824 (August 11, 1998). available. Petitioners further note that deadlines for the submission of CSN’s failure to participate following when a company refuses to cooperate or information or in the form and manner the Preliminary Determination and otherwise significantly impedes an requested, significantly impedes a refusal to permit verification of its investigation, the Department uses as proceeding under the antidumping information on the record demonstrate adverse facts available the highest of: (1) statute, or provides such information the CSN has failed to cooperate to the The highest margin in the petition (or but the information cannot be verified, best of its ability in this investigation. initiation); (2) the highest margin the Department shall, subject to Thus, the Department has determined calculated for another respondent subsections 782 (c)(1) and (e) of the Act, that, in selecting among the facts within the same country for the same use facts otherwise available in reaching otherwise available, an adverse class or kind of merchandise, or (3) the the applicable determination. Because inference is warranted with regard to estimated margin found in the the respondent CSN withdrew from the CSN. The Department’s well-established Preliminary Determination. proceeding following the Preliminary practice in such cases is to employ total With respect to adverse facts Determination, CSN’s questionnaire adverse facts available. Consistent with available, petitioners cite Notice of Final response on the record is unverifiable. Department practice in cases in which Determination of Sales at Less Than Fair See ‘‘Letter to the Secretary of a respondent fails to cooperate to the VerDate 27 VerDate 27 VerDate 27 VerDate 27 In addition, as noted on page 39 of the provide a requested document because vast majority of this expense). In USIMINAS’ Sales Verification Report, of the many demands placed on it addition, the allocation on this expense we have found (and at verification during verification, this single omission was done in the aggregate, for various USIMINAS agreed) that where a cannot serve as a reasonable basis to types of discounts. In other words, warranty adjustment was reported and a deny USIMINAS’ home market discount several discounts were lumped together partial quantity adjustment was also adjustment as requested by petitioners. for sales of all products to all customers; reported, these sales are actually partial thus, the allocation was not customer-, Department’s Position returns and warranty is not applicable. product-, or even discount-specific. Therefore, we have set the warranty We agree in part with both petitioners Therefore, we are not satisfied that field (WARRH) to zero where there was and respondents. Two types of USIMINAS submitted this adjustment in a partial return of merchandise. discounts were reported by USIMINAS: the most specific basis that is feasible. (1) Quantity discounts, which were Therefore, we are disallowing the Comment 5: Home Market Discounts reported on a customer specific basis; adjustment to NV for other discounts. Petitioners argue that the Department and (2) other discounts, which were should deny adjustments for reported based on an aggregate amount Comment 6: Home Market Interest USIMINAS’ reported home market for the POI. Both types of discounts Revenue discounts. Petitioners state that the involved dividing all discounts granted Petitioners point out that USIMINAS’ Court of Appeals for the Federal Circuit in the period (by customer in the case late payment interest plus fines charges (Federal Circuit) recently held that price of quantity discounts) for subject and (INTREVH) are applied to all sales on a adjustments must relate exclusively to non-subject merchandise, by the total global basis rather than to specific sales. merchandise within the scope of the sales in the period (by customer in the Referring to SKF, petitioners argue that proceeding, unless the same rebate case of quantity discounts) for subject the interest revenue is not uniformly percentage is uniformly applied to both and non-subject merchandise. applied. Furthermore, they contend that subject and non-subject merchandise. Section 351.401(g) of the the interest revenue adjustment for See SKF USA Inc. v. United States, 180 Department’s regulations state that the USIMINAS’ home market sales is F.3d 1370 (Fed. Cir. 1999) (SKF) and Secretary may consider allocated calculated based on both subject and SKF, 180 F.3d 1376, citing Smith- expenses when transaction-specific non-subject merchandise. In the instant Corona Group, Consumer Products Div. reporting is not feasible, provided the investigation, according to petitioners, v. United States, 713 F.2d 1568, 1580– Secretary is satisfied that the allocation the amount of interest revenue that 81 (Fed. Cir. 1983). Petitioners argue method used does not cause USIMINAS receives from the customer that USIMINAS used both subject and inaccuracies or distortions. In addition, is not the same for each sale let alone non-subject merchandise to calculate any party seeking to report an expense for each product, as it depends on the rebate percentage for discounts, and or price adjustment on an allocated factors that vary from sale-to-sale, such did not provide the Department with basis must demonstrate to the as the number of days after the due date documentation regarding the Secretary’s satisfaction that the that interest is charged. Petitioners ‘‘unusually high’’ discount in the other allocation is calculated on as specific a request the Department to deny discount category, reported in the field basis as is feasible. Also, the Secretary USIMINAS’ calculation of the OTHDISH. Therefore, petitioners will not reject an allocation method adjustment for home market interest conclude that the Department should solely because the method includes revenue, and, as facts available, instead deny USIMINAS’ claimed home market expenses incurred, or price adjustments add the highest reported amount for discounts (quantity discounts made, with respect to sales of INTREVH to the price of all home (QTYDISH) and OTHDISH) to merchandise that does not constitute market sales. customers. subject merchandise or a foreign like Respondents argue that it is well Respondents counter that the product (whichever is applicable). We established that a company may allocate Department should allow this note that the cases cited by petitioner price adjustments when transaction- adjustment to NV. Respondents explain relate to the Department’s practice prior specific reporting is not feasible. that USIMINAS was not able to report to changes made by the URAA and Respondents indicate that the discounts on a sale-by-sale basis given adoption of the Department’s new Department allowed USIMINAS to the difficulties in tracing these regulations. report home market interest revenue in adjustments to the actual sale. For quantity discounts, we find that this manner in Hot-Rolled Steel From Respondents note the allocation USIMINAS has reported this discount in Brazil investigation, and granted the methodology used by USIMINAS is the the most specific basis that is feasible. same adjustment. Respondents state that same as the Department accepted in Moreover, having examined the petitioners miss the point with their Hot-Rolled Steel from Brazil which was information provided by USIMINAS argument in that of course, the amount based on the same facts. Respondents regarding the products it manufactures, that USIMINAS receives in interest will further state that USIMINAS’ allocation we find no reason to conclude that vary from sale to sale, because there is methodology is consistent with the discounts would be granted no reasonable basis for the Department Department’s regulations and the SAA. disproportionately on its out-of-scope to expect every delinquent customer to Respondents note that while petitioners steel products as opposed to its in-scope withhold payment the exact same imply SKF breaks new ground, the steel products as this merchandise is number of days. Moreover, respondents Federal Circuit emphasized its decision broadly similar in value, physical note, when the customer has an was consistent with its past decisions characteristics and the manner in which acceptable reason for late payment then and those of the Court that accepted it is sold. Therefore, this adjustment USIMINAS may decide to extend the reasonable apportionment of meets the criteria of section 351.401(g) due date without charging interest adjustments. Respondents note that the of the Department’s regulations, and we revenue as stated in the Section B Department was able to verify all are continuing to allow an adjustment to response. Respondents maintain that information from USIMINAS, with a NV for quantity discounts. USIMINAS reported interest revenue single exception. Respondent argue that For other discounts, we were unable amounts to the best of its ability, and although USIMINAS was unable to to verify one large item (composing the that its methodology was reasonable and VerDate 27 VerDate 27 VerDate 27 Department should exclude all of Respondents argue that petitioners the not a fiscal date, as the date of sale, COSIPA’s home market sales with no wrongly claim that COSIPA ‘‘made no not the petitioner’s proposed use of a production records from its home attempt’’ to link the material invoiced surrogate export contract date as the market database demonstrates a and sold to underlying production date of sale. Respondents note that the wholesale misunderstanding of the records. Respondents note that COSIPA Department presumptively used the products sold. explored several methods to attempt to invoice date as date of sale, although it Respondents point out that COSIPA’s correlate production records with may use another date only if satisfied initial Section B response indicated that invoices for resales; however, at that a different date better reflects the for some isolated product characteristic verification, for any given resale date on which the exporter or producer fields, in limited circumstances, COSIPA was not always able to find the established the material terms of sales. COSIPA believed it was helpful to production records, invoice or order Respondents argue that use of the reference its production records to related to the original sale. Respondents export contract date would be unlawful confirm the correct product note that this is not the same as COSIPA and unreasonable. Respondents point characteristic code. Respondents note not attempting to make the link at all. out the export contract date does not that for a limited category of grades, establish the critical term of sale: actual COSIPA referenced production records Department’s Position quantity produced and sold. According if there was differing yield strength We agree with respondents that sales to respondents, quantity is not known information (i.e., whereas some grades with no production records should not until, at the earliest, the steel is actually specified a minimum yield strength, be excluded. Respondents have produced and leaves the factory. some grades only identified a consistently acknowledged COSIPA’s Respondents further note that COSIPA’s maximum.) In addition, respondents inability to link production records to a date of sale methodology was based on note that reference to production limited amount of sales. However, its entire universe of sales during the records and customer orders was also COSIPA used alternative methodologies, POI, not a limited sample of 4 or 5 sales. helpful in coding the thickness such as referencing the invoice and Therefore, that the Department’s sales tolerance field. Respondents state that customer order, to confirm the product traces at verification found no instance reference to production records was characteristics of the products sold. At of the price or quantity changing is of entirely unnecessary as COSIPA’s verification, for each home market and little moment. Additionally, the invoices provided all of the necessary U.S. sales traced, we compared product Department addressed this very issue in information. characteristics as recorded on COSIPA’s Hot-Rolled Steel from Brazil, rejecting Respondents note that in the event nota fiscal with underlying production petitioners’ arguments regarding COSIPA was unable to link a particular records and did not find a single COSIPA’s date of sale. invoice with a particular production instance where these characteristics Further, respondents state that record, COSIPA used alternative differed between the two sources. petitioners’ allegations are untimely methodology for these sales for certain Therefore, we conclude that the nota- since the Department’s practice is to product characteristic fields. fiscal is a valid substitute for the address the date of sale issue in the Respondents point out that in the case missing production records in this case, early stages of an investigation in the of a customer returning and COSIPA and we find no evidence which would Section A response. Respondents argue then reselling this product to another cast doubt on the reported specifications that during this proceeding neither the customer, COSIPA would lose the link and characteristics of COSIPA’s sales. petitioners nor the Department ever between the final sale and the original Accordingly, we have accepted the suggested COSIPA’s export contract date production records. Respondents note reported product specifications and would be a more appropriate date of that COSIPA used the information in the characteristics for this group of sales. sale at the supplemental Section A or C invoice or customer order or other stages nor at verification, nor did the Comment 11: Date of Sale for COSIPA’s resource as a basis to decide the product Department request that COSIPA alter U.S. Sales characteristic of the product sold. its date of sale methodology. This Respondents claim that the use of According to petitioners, per section eleventh-hour challenge must be alternative information such as the 351.401(i) of the Department’s rejected, COSIPA insists, as it raised at invoice is not distortive, and that it is regulations, the essential terms of a stage in the proceeding which fair to presume a company would not COSIPA’s U.S. sales were established by precludes any correction. mischaracterize its product export contract before the commercial Department’s Position characteristics on an invoice. invoice was issued because sales price Respondents claim that petitioners did not change after the export contract We agree with the respondents that logic is twisted because they assert date. Petitioners urge the Department to the evidence on the record does not affirmatively that the specifications use COSIPA’s contract date in lieu of establish that the contract date best reported by COSIPA for resales are not the commercial invoice date as the represents the date of sale for COSIPA’s the specifications of the material official U.S. date of sale. Since contract U.S. sales. Thus, for date of sale, we actually sold. Respondents point out dates are not reported, petitioners have continued to use the earlier of the that at the time of invoicing when the suggest that, as facts available, the commercial invoice date or the nota product is resold, COSIPA is able to Department revise sales dates by fiscal date. Petitioners make reference to ascertain the product characteristics of subtracting an average number of days page 9 of the COSIPA verification the product to be sold. Respondents between the export contract and report, which states that the export note that in rare cases, COSIPA was not commercial invoice from the reported contract ‘‘for U.S. sales shows the total in a position to confirm the product sale dates, excluding any sales whose tonnage, price and product quality. It characteristic on the invoice with the revised dates of sales fall outside of the also specifies the estimated delivery information for a particular production POI. time, sales conditions, payment terms, run. Respondents state that in many Respondents state that the and has the date of issuance.’’ This dumping investigations, respondents are Department should continue to use the statement is accurate; however, this not able to access production date of sale as identified by COSIPA i.e., statement only relates to the tiny information for each individual invoice. the earlier of the commercial invoice or number of COSIPA’s sales examines, VerDate 27 VerDate 27 VerDate 27 VerDate 27 Comment 17: Credit Cost Calculations are invoiced by freight providers on a to theoretical weight (including The respondents note that in the gross weight basis. Respondents note conversion of all prices and Preliminary Determination the this also applies to packing costs which adjustments, excepting packing). We Department adjusted the credit cost were calculated on an actual weight then converted the U.S. and home calculation for USIMINAS because basis. market theoretical weight to actual Petitioners argue that Department weight (including conversion of all USIMINAS had calculated credit costs should reject the conversion factor prices and adjustments, excepting based on a gross price. The Department provided by USIMINAS, and as facts packing) using the factor used in the adjusted the credit cost calculation by available, continue to convert all of Preliminary Determination 64 FR 61249, deducting taxes from gross price. USIMINAS’ home market theoretical 61259 (November 10, 1999). Respondents state that in the event the weight sales to an actual weight basis by Department continues to deduct taxes multiplying the reported quantities for Comment 19: PIS/COFINS Taxes from gross price prior to calculating these sales by 0.96 and dividing the Respondents argue that the credit costs, the Department may now reported prices for these sales by that Department incorrectly declined to use USIMINAS’ reported credit costs, factor. deduct PIS and COFINS taxes from since the adjustment was already made Petitioners state that the conversion home market prices. Respondents note to the respondent’s data in the October factor provided by USIMINAS at that the tax adjustment provision of 29, 1999, submission. verification relates exclusively to section 773(a)(6)(B)(iii) of the Act Petitioners do not address this issue conversions from a theoretical weight ensures that the Department makes a in their rebuttal briefs. basis to an adjusted theoretical weight tax-neutral comparison when comparing Department’s Position basis, meaning that the company still normal value to export price by has never provided a conversion factor requiring the Department to adjust The Department concludes that it is that might be used to convert actual normal value by the amount of any appropriate to deduct taxes from gross weight to a theoretical weight basis (or indirect taxes imposed on home market unit price for the calculation of credit vice versa). Petitioners argue that the sales, but not on export sales. costs in the Final Determination. We conversion factor provided by Respondents state that, until recently, accept the respondents’ adjusted credit USIMINAS is suspect, and state that the the Department considered Brazil’s costs, which were calculated using respondents have not put forward any Programa de Integracao Social (PIS) and prices net of taxes. arguments which provides the Contribuicao do FinSocial (COFINS) Comment 18: Theoretical Weight Sales Department with any reason to alter its taxes to be indirect taxes that fall within use of facts available for the final the meaning of the tax adjustment Respondents state that the determination. Petitioners also refer to provision. The Department’s change in Department adjusted all home market the verification report which states that its treatment of these taxes, according to sales with a conversion factor, which the USIMINAS conversion factor was respondents, is based on a factually was used by the Department in a recent based on a study done a long time ago. incorrect assumption that these taxes administrative review involving cold- Petitioners argue that this statement apply to total gross revenues and on a rolled steel. Respondents note that on provides reason to doubt whether the legally improper understanding of what October 29, 1999, USIMINAS provided figure provided by USIMINAS indirect taxes are. the Department with a conversion factor represents the relationship between the Respondents point out that the statute based on its historical sales experience. company’s theoretical weight quantities and prior case law make clear that three Respondents assert that the Department and adjusted theoretical weight sales circumstances must exist for the tax verified the conversion factor and that quantities during the period of adjustment provision to apply to a the Department verified that USIMINAS investigation. particular tax. First, the tax must be sells sheet in the home market based on ‘‘directly’’ imposed on the home market both theoretical weight and adjusted Department’s Position product. Second, it must be rebated or theoretical weight. Respondents note In the Preliminary Determination we not collected on export sales. Third, it that all USIMINAS’’ U.S. sheet sales are treated all USIMINAS’ U.S. sales as must be added to or included in the on adjusted theoretical basis. Therefore, actual weight sales, and we treated all price of the home market sale. respondents contend that in matching USIMINAS’ home market sales of sheet Respondents argue that the fact that these U.S. sales of sheet to home market as theoretical weight sales. USIMINAS these taxes are not imposed on exports sales, it is necessary to adjust the home later clarified that its U.S. sales of sheet has never been an issue. Thus, market sheet sales sold on a theoretical are in adjusted theoretical weight and respondents state that the only weight basis to an adjusted theoretical its home market sales are in adjusted requirements of significance in this weight basis. theoretical and theoretical weight, and it review are the first and third Respondents contend that in light of provided a conversion factor between requirements. USIMINAS’ submissions, the theoretical and adjusted theoretical With the Department failing to adjust Department can now adjust price and weight.USIMINAS claimed that respondents’ home market price for charges for USIMINAS’ home market adjusted theoretical weight Brazil’s PIS/COFINS taxes in the theoretical weight sales. They note that approximates actual weight. Preliminary Determination, respondents the adjusted theoretical weight is always While we verified the relationship argue that the Department incorrectly greater than the theoretical weight. between theoretical and adjusted determined that ‘‘these taxes are levied Respondents note that when the theoretical weight using this factor, we on total revenues.’’ Respondents state Department adjusts prices and charges, find that USIMINAS did not submit that until recently, the Department the Department must divide by the convincing evidence that adjusted consistently held that PIS/COFINS fall conversion factor. Respondents note theoretical weight approximates actual. within the meaning of the tax that this applies to all adjustments Therefore, for the final determination, adjustment provision. Respondents cite except freight and other adjustments not we are using the factor submitted by numerous antidumping cases from dependent on invoice weight. USIMINAS to convert its U.S. and home Brazil in support of their position that Respondents contend that freight costs market adjusted theoretical weight sales PIS and COFINS should be deducted VerDate 27 VerDate 27 See page 29 of USIMINAS’ Sales Additionally, COSIPA asserts that in represents a significant percentage of Verification Report and Verification the preliminary determination the the total cost of manufacturing and that Exhibit 24. Citing to Silicon Metal from Department violated the statute by using USIMINAS receives a significant Brazil: Notice of Final Results of adverse inferences (i.e., petition rate) in portion of its iron ore from its affiliate Antidumping Duty Administrative the application of facts available relating CVRD. The combination of the Review, 64 FR 6305, 6318 (February 9, to the major input rule. Both significant amounts of the inputs 1999) (Silicon Metal from Brazil), the USIMINAS/COSIPA note that they were obtained from CVRD and the relatively Department determined that ‘‘a unable to compel CVRD to provide cost large percentage the iron ore represents deduction of the PIS and COFINS taxes of production information. However, of the product’s COM increases the risk is not correct in the calculation of NV they maintain that under section 776(b) of misstatement of the subject because these taxes are levied on total of the Act, the Department must find merchandise’s costs to such a degree revenues (except for export revenues), that ‘‘the respondent failed to cooperate that we have determined that section and thus the taxes are direct, similar to to the best of its ability,’’ in order to 773(f)(3) of the Act applies to this input. taxes on profit or wages.’’ See Hot- resort to adverse inferences in applying Section 773(f)(2) allows the Rolled Steel from Brazil at 38765. facts available. Respondents state that Department to test whether transactions Therefore, the Department will not the record shows that they attempted in between affiliated parties involving any deduct the PIS/COFINS taxes from the every way to obtain the cost of element of value (i.e., major or minor NV in the Final Determination. production from CVRD, but CVRD inputs) are at prices that ‘‘fairly reflect refused. Thus, if the Department decides the market under consideration.’’ III. Cost Issues to use information other than the Section 773(f)(3) allows the Department Comment 20: Major Inputs invoice price from CVRD to determine to test whether, for transactions between iron ore costs, it should use affiliated parties involving a major USIMINAS and COSIPA argue that corroborated information from input, the value of the major input is the Department does not have evidence independent sources. less than the affiliated supplier’s COP on the record to support disregarding Petitioners contend that the where there is reasonable cause to the transfer price of iron ore from its Department’s use of adverse facts believe or suspect the price of iron ore affiliate CVRD or demonstrating that the available in valuing the iron ore is below COP. In other words, if an transfer price is below CVRD’s cost of acquired by respondents’ from CVRD is understatement in the value of an input production. Respondents assert that the appropriate. According to petitioners, would have a significant impact on the Department has confirmed that the iron the record clearly indicates that (1) iron reported cost of the subject ore prices charged by CVRD are above ore is a major input to the production merchandise, the law allows the the prices charged by unaffiliated of subject merchandise, (2) CVRD is Department to ensure that the transfer suppliers. Further, respondents affiliated with both USIMINAS and price or market price is not below cost. maintain that, even though they could COSIPA, (3) respondents refused to We consider the initiation of a sales- not compel CVRD to provide its COP for provide the Department with CVRD’s below-cost investigation reasonable iron ore, the evidence on the record cost of producing iron ore, thereby grounds to believe or suspect that major shows that CVRD made a profit during failing to act to the best of their ability inputs to the foreign like product may the POI in its ore and metals division; to provide requisite information, and (4) also have been sold at prices below the therefore, the Department has no the statute mandates valuing the COP within the meaning of section reasonable grounds to believe that iron purchase of a major input from an 773(f)(3) of the Act. See, e.g., Final ore was being supplied at less than its affiliated party at the highest of the Results of Antidumping Administrative COP and the use of facts available for transfer price, the market price, or the Review: Silicomanganese from Brazil, this issue is not warranted. As support cost of production. Thus, in lieu of 62 FR 37871 (July 15, 1997). Because we have determined that iron respondents cite article 2.2.1.1 of the CVRD’s actual production cost ore purchased from an affiliate is a international antidumping agreement information, the Department had no major input in production of cold-rolled which states that ‘‘costs shall normally choice but to resort to facts available. steel, the statute requires that, for the be calculated on the basis of records Departments Position dumping analysis, the major input kept by the exporter or producer under We have applied the major input rule should be valued at the higher of investigation, provided that such in accordance with section 773(f)(3) of transfer price, market price or COP. See records are in accordance with generally the Act in valuing the iron ore received Notice of Final Determination of Sales at accepted accounting principles of the from CVRD. In doing so, we have used, Less Than Fair Value: Stainless Steel exporting country and reasonably reflect as non-adverse facts available, the COP Round Wire from Canada, 64 FR 17324, the costs associated with the production information provided in the June 2, 17335 (April 9, 1999). In accordance and sale of the product under 1999 petition as the COP of iron ore with sections 773(f)(2) and (3) of the consideration.’’ from CVRD since respondents’ did not Act, we attempted to compare the Moreover, respondents claim that the provide the COP information as transfer price for iron ore purchased cost of iron ore does not represent a requested by the Department. from USIMINAS/COISPA’s affiliated significant portion of the cost of the We consider iron ore to be a major supplier to the supplier’s COP and a merchandise under investigation as the input in accordance with section market price. As noted above, even regulations suggest. COSIPA argues that 773(f)(3) of the Act. In determining though the Department requested that not only is iron ore a minor input, but whether an input is considered major, USIMINAS/COSIPA provide its its relationship with CVRD is indirect among other factors, the Department affiliated supplier’s actual COP for iron and does not permit influence or control considers both the percentage of the ore in the original section D over the company, and thus does not input obtained from affiliated suppliers questionnaire, the supplemental constitute affiliation. COSIPA points to (versus unaffiliated suppliers) and the questionnaires and at verification, the fact that the relationship exists percentage the individual element USIMINAS failed to do so. Contrary to strictly because of CVRD’s minority represents of the product’s COM. We USIMINAS/COSIPA’s assertion, the fact stock ownership in USIMINAS. determined in this case that iron ore that CVRD’s metals division may be VerDate 27 VerDate 27 Comment 23: Idled-Assets Administrative Review: Extruded The loss realized from the assets written Petitioners argue that COSIPA did not Rubber Thread From Malaysia, 61 FR off is an actual expense to the company. include idled-asset depreciation 54767, 54772 (October 22, 1996) Accordingly, the Department normally expense as an element of its production (Extruded Rubber Thread). Accordingly, includes this type of equipment write- costs. Petitioners assert that the Petitioners contend that in the final off in the calculation of COP and CV. determination the Department should See Extruded Rubber Thread., Final Department has a longstanding practice include the costs related to COSIPA’s Determination of Sales at Less Than Fair of including depreciation on idled- write-offs of production assets in the Value: Small Diameter Circular assets in the reported costs, citing Final reported costs. Seamless Carbon and Alloy Steel, Results of Antidumping Duty COSIPA argues that the Department Standard, Line and Pressure Pipe from Administrative Reviews; Tapered Roller should not include the costs related to Italy, 60 FR 31981, 31990 (June 19, Bearings and Parts Thereof, Finished write-offs of production assets in the 1995); Final Results of Antidumping and Unfinished, From Japan, and reported costs because these assets were Duty Administrative Review: Certain Tapered Roller Bearings, Four Inches or idled before and after the POI and are Cut-To-Length Carbon Steel Plate from Less in Outside Diameter, and classified as ‘‘non-operating costs’’ Germany, 61 FR 13834, 13836 (March Components Thereof, From Japan, 63 FR under Brazilian GAAP. Respondent 28, 1996); and Final Results of 20585, 20609 (April 27, 1998) (TRBs maintains that in Final Determination of Antidumping Duty Administrative from Japan). As further support, Sales at Less Than Fair Value; Small Review: High-Tenacity Rayon Filament petitioners cite, Final Results of Diameter Circular Seamless Carbon and Yarn from Germany, 59 FR 15897, Antidumping Duty Administrative Alloy Steel, Standard, Line and Pressure 15899 (March 28, 1995). Review and Determination Not to Pipe From Italy, 60 FR 31981, 31990 The Small Diameter Circular Seamless Revoke in Part; Silicon Metal From (June 19, 1995), the Department refused Carbon and Alloy Steel, Standard, Line Brazil, 62 FR 1954, 1958 (January 14, to include as a cost of production the and Pressure Pipe case cited by the 1997) where the Department adjusted cost of idled assets which ‘‘relate clearly respondent is not controlling because the respondents depreciation expense to discontinued operations from a prior during that investigation a gain or loss stating ‘‘fully absorbed costs, including period and are no longer productive on the discontinued operations had yet idle-equipment depreciation expense for assets.’’ According to the respondent, to be recognized in the company’s producing the subject merchandise the Department normally uses the last normal books and records. However, the should be included in the COP and CV.’’ completed fiscal year of the POI to notice did state that ‘‘upon disposal of Thus, petitioners contend that in the calculate the G&A expense ratio. the assets, the gain or loss on the sales final determination the Department Therefore, since a large portion of the will be included on the respondent’s should include the depreciation written-off assets were idled before the income statement and we will include expense related to COSIPA’s idled- POI and the remaining amount relates to the gain or loss in COP/CV.’’ In this assets in the reported costs. assets idled in the first two months of case, we are including write-offs of COSIPA did not comment on this the 1999 fiscal year these costs should equipment which were being recognized issue. not be included in the G&A expense by the company during the POI. Department’s Position ratio, which is calculated based on the Regarding respondent’s argument 1998 fiscal year. As support, respondent concerning including the write-offs in We agree with the petitioners that cites the Final Determination of Sales at both the numerator and denominator in depreciation expense of idled-assets Less Than Fair Value: Furfuryl Alcohol calculating the G&A rate, we disagree. If should be included in the COP and CV. From Thailand, 60 FR 22557, 22560 the Department calculated the G&A It is the Department’s practice to (May 8, 1995). Further, the respondent expense ratio as respondent suggest, the include in fully absorbed factory asserts that if the Department decides to result would distort the dumping overhead the depreciation of equipment include the expense for the assets analysis because we would be applying not in use or temporarily idled, written-off in the numerator for a ratio which includes write-offs in the notwithstanding home market calculating the G&A expense rate, then denominator to a base (i.e., COM) which accounting standards which may allow the Department should also include this does not include write-offs. In order to companies to refrain from doing so. See, amount in the denominator. correctly reflect the G&A expenses TRBs from Japan. See also NTN Bearing incurred by respondents, the G&A ratio Department’s Position Corp. of America, et al., plaintiffs, v. must be calculated using a COS figure United States, Slip Op. 93–129 (CIT We disagree with the respondent. In that excludes write-offs and applied to August 4, 1993), where the court upheld accordance with past practice, the a COM that excludes write-offs. This is the Department’s decision to include Department has included write-offs of consistent with the methodology used depreciation expenses for idled the permanently idled assets in COP in the Notice of Final Results of equipment. Accordingly, in the final and CV. See, e.g., Final Determination of Antidumping Duty Administrative determination we included the idled- Sales at Less Than Fair Value: Stainless Review: Circular Welded Non-Alloy asset depreciation expense in COSIPA’s Steel Wire Rod From Spain, 63 FR Steel Pipe from the Republic of Korea, costs. 40391, 40403 (July 29, 1998), wherein 63 FR 32833, 32837 (June 16, 1998) and the Department included write-offs of Comment 24: Write-Offs of Idled-Assets the Final Determination of Sales at Less permanently idled assets and related Than Fair Value: Static Random Access During the POI, COSIPA wrote off spare parts in the COP and CV. We do Memory Semiconductors from Taiwan, certain production assets, but excluded not consider write-offs of idled assets to 63 FR 8910, 8933 (February 23, 1998). the loss from write-offs from the be the type of expense we would reported COP and CV. Petitioners exclude from the COP and CV. This Comment 25: Weighted-Average Cost by maintain that it is the Department’s equipment was related to the CONNUM standard practice to include the costs production operations of the company, USIMINAS and COSIPA contend that related to write-offs of production assets the undepreciated value has never been for collapsing purposes the Department in the reported costs, citing Final charged against income, and it was should use a single cost of manufacture Results of Antidumping Duty expensed during the period of review. and general expense ratio for each VerDate 27 VerDate 27 VerDate 27 Tariff Schedules of the United States had not been previously reviewed, and Maine Aqua Foods, Inc., Maine Coast Annotated (‘‘TSUSA’’). Prior to January the Department assigned to them the Nordic, Inc., Treats Island Fisheries, and 1, 1990, Atlantic salmon was provided original ‘‘all others’’ rate of 23.80 Trumpet Island Salmon Farm, Inc. for under item numbers 0302.0060.8 percent. The Department assigned the (collectively, ‘‘domestic interested and 0302.12.0065.3 of the Harmonized remaining three non-shipper parties’’). As U.S. producers of the Tariff Schedule of the United States respondents—Domstein Salmon A/S, subject merchandise and a business (‘‘HTSUS’’) (56 FR 7678, February 25, Hallvard Leroy A/S and Saga A/S—their association whose members are U.S. 1991). Currently, it is provided for rates from the original investigation. producers of the subject merchandise, under HTSUS item number The 52 respondent companies that the domestic interested parties claim 0302.12.00.02.09. The subheadings failed to respond were assigned a interested-party status under sections above are provided for convenience and margin of 31.91 percent.3 771(9)(C) and (F) of the Act. Without a customs purposes. The written In the third administrative review, substantive response from respondent description remains dispositive. covering the period April 1, 1993, interested parties, the Department, There have been no scope rulings for through March 31, 1994, where the pursuant to 19 CFR 351.218(e)(1)(ii)(C), the subject order. There was one Department reviewed 24 exporters, the determined to conduct an expedited, changed circumstances determination in dumping margin changed for two 120-day review of this order. which the Department affirmed that exporters, Skaarfish and Norwegian In accordance with 751(c)(5)(C)(v) of Kinn Salmon AS was the successor-in- Salmon A/S (‘‘Norwegian Salmon’’), to the Act, the Department may treat a interest to Skaarfish Group A/S.1 2.28 percent and 13.88 percent, review as extraordinarily complicated if 4 History of the Order respectively. it is a review of a transition order (i.e., In the fourth administrative review, an order in effect on January 1, 1995). In the February 25, 1991, final covering the period April 1, 1997, On October 18, 1999, the Department determination in the antidumping duty through March 31, 1998, the Department determined that the sunset review of the investigation, covering the period reviewed one exporter, Nornir Group A/ antidumping duty order on fresh and September 1, 1989, through February S, to which it assigned a margin of 31.81 chilled Atlantic salmon from Norway is 28, 1990, the Department determined percent.5 extraordinarily complicated, and, the following weighted-average Additionally, the Department therefore, we extended the time limit for dumping margins for respondent completed one new shipper review, completion of the final results of this companies (56 FR 7661): covering Nordic Group A/L (‘‘Nordic’’), review until not later than January 27, from May 1, 1995, through October 31, 2000, in accordance with section Salmonor A/S ...... 18.39 1995.6 7 Sea Star International A/S ...... 24.61 751(c)(5)(B) of the Act. Skaarfish Mowi A/S ...... 15.65 Background Although the deadline for this Fremstad Group A/S ...... 21.51 determination was originally January Domstein and Co...... 31.81 On July 1, 1999, the Department 27, 2000, due to the Federal Saga A/S ...... 26.55 initiated a sunset review of the Government shutdown on January 25 Chr. Bjelland Seafoods A/S ...... 19.96 antidumping duty order on fresh and and 26, 2000, resulting from inclement Hallvard Leroy A/S ...... 31.81 chilled Atlantic salmon from Norway weather, the timeframe for issuing this All others ...... 23.80 (64 FR 35588), pursuant to section determination has been extended by one 751(c) of the Act. The Department day. Since the April 12, 1991, issuance of received a Notice of Intent to Participate the antidumping duty order, the on behalf of domestic interested parties Determination Department has completed four within the deadline (July 15, 1999) In accordance with section 751(c)(1) administrative reviews on imports of the specified in section 351.218(d)(1)(i) of of the Act, the Department conducted subject merchandise from Norway (56 the Sunset Regulations. Subsequently, the review to determine whether FR 14920). In the first administrative we received a complete substantive revocation of the antidumping duty review, covering the period October 3, response to the notice of initiation on order would be likely to lead to 1990, through March 31, 1992, Skaarfish August 2, 1999, on behalf of the continuation or recurrence of dumping. A/S (‘‘Skaarfish’’) and ‘‘all others’’ were Coalition for Fair Atlantic Salmon Trade Section 752(c) of the Act provides that, assigned margins of 2.15 percent and (‘‘FAST’’) and the following individual 2 in making this determination, the 23.80 percent, respectively. members of FAST: Atlantic Salmon of Department shall consider the weighted- The second administrative review, Maine, Connors Aquaculture, Inc., DE average dumping margins determined in conducted at the request of the Coalition Salmon, Inc., Island Aquaculture Corp., the investigation and subsequent for Fair Atlantic Salmon Trade, covered administrative reviews, and the volume 85 exporters during the period April 1, 3 See Fresh and Chilled Atlantic Salmon From 1992, through March 31, 1993, and the of imports of the subject merchandise Norway; Final Results of Antidumping Duty for the period before and the period Department found that 31 of the 85 Administrative Review, 59 FR 12242 (March 16, reviewed firms did not ship subject 1994). after the issuance of the antidumping merchandise during the period of 4 See Fresh and Chilled Atlantic Salmon From duty order, and shall provide to the Norway; Final Results of Antidumping Duty review (‘‘POR’’). Of those 31 firms, 28 Commission the magnitude of the Administrative Review, 61 FR 65522 (December 13, margin of dumping likely to prevail if 1996); and Fresh and Chilled Atlantic Salmon From 1 See Fresh and Chilled Atlantic Salmon From Norway; Amended Final Results of Antidumping the order is revoked. Norway; Final Results of Changed Circumstance Duty Administrative Review, 62 FR 44255 (August The Department discusses below its Antidumping Duty Administrative Review, 64 FR 20, 1995). determinations concerning continuation 9979 (March 1, 1999). 5 See Fresh and Chilled Atlantic Salmon From or recurrence of dumping and the 2 See Fresh and Chilled Atlantic Salmon From Norway; Final Results of Antidumping Duty magnitude of the margin likely to Norway; Final Results of Antidumping Duty Administrative Review, 64 FR 17616 (April 12, Administrative Review, 58 FR 37912 (July 14, 1993), 1999). prevail were the antidumping duty and Fresh and Chilled Atlantic Salmon From 6 See Fresh and Chilled Atlantic Salmon From Norway; Amended Final Results of Antidumping Norway; Final results of New Shipper Antidumping 7 See Extension of Time Limit for Final Results of Duty Administrative Review, 60 FR 11070 (March Duty Administrative Review, 62 FR 1430 (January Five-Year Reviews, 64 FR 62167 (November 16, 1, 1995). 10, 1997). 1999). VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 (in this case the home market), but not would be the later of 120 days after the DEPARTMENT OF COMMERCE in the other, we make an allowance for date of this preliminary determination indirect selling expenses in the other or 45 days after the date of our final International Trade Administration market up to the amount of the determination. [A±475±818, A±489±805] commissions granted. In this case, because commissions were paid in the Public Comment Certain Pasta From Italy and Turkey: home market, but not in the United Case briefs for this investigation must Extension of Preliminary Results of States, and thus were deducted from the be submitted no later than March 16, Antidumping Duty Administrative home market price, we made an 2000. Rebuttal briefs must be filed Reviews adjustment for U.S. indirect selling within five days after the deadline for expenses incurred in Mexico which AGENCY: Import Administration, were associated with sales of the subject submission of case briefs. A list of International Trade Administration, merchandise. We made such an authorities used, a table of contents, and Department of Commerce. adjustment by adding the U.S. indirect an executive summary of issues should EFFECTIVE DATE: February 4, 2000. selling expenses, up to the amount of accompany any briefs submitted to the FOR FURTHER INFORMATION CONTACT: the home market commissions, to home Department. Executive summaries Jarrod Goldfeder at (202) 482–2305, market price rather than subtracting should be limited to five pages total, Office of AD/CVD Enforcement VI, them from the CEP. including footnotes. Group II, Import Administration, Currency Conversion Section 774 of the Act provides that International Trade Administration, the Department will hold a hearing to U.S. Department of Commerce, 14th We made currency conversions into afford interested parties an opportunity Street and Constitution Ave, NW, U.S. dollars, in accordance with section to comment on arguments raised in case Washington, DC 20230. 773(A) of the Act, based on the or rebuttal briefs, provided that such a exchange rates in effect on the dates of Time Limits hearing is requested by any interested the U.S. sales as certified by the Federal Statutory Time Limits Reserve Bank. party. If a request for a hearing is made in an investigation, the hearing will Section 751(a)(3)(A) of the Tariff Act Verification tentatively be held two days after the of 1930, as amended (the Act), requires In accordance with section 782(i) of deadline for submission of the rebuttal the Department to issue the preliminary the Act, we intend to verify all briefs, at the U.S. Department of results within 245 days after the last day information relied upon in making our Commerce, 14th Street and Constitution of the anniversary month of an order/ final determination. Avenue, NW, Washington, DC 20230. finding for which a review is requested Parties should confirm by telephone the and the final results within 120 days Suspension of Liquidation time, date, and place of the hearing 48 after the date on which the preliminary In accordance with section 733(d) of hours before the scheduled time. results are published. However, if it is the Act, we are directing Customs to not practicable to complete the review suspend liquidation of all entries of Interested parties who wish to request within the time period, section large diameter seamless pipe products a hearing, or to participate if one is 751(a)(3)(A) of the Act allows the from Mexico, that are entered, or requested, must submit a written Department to extend the time limit for withdrawn from warehouse, for request within 30 days of the the preliminary results to a maximum of consumption on or after the date of publication of this notice. Requests 365 days and for the final results to 180 publication of this notice in the Federal should specify the number of days (or 300 days if the Department Register. We are also instructing participants and provide a list of the does not extend the time limit for the Customs to require a cash deposit or the issues to be discussed. Oral preliminary results) from the date of the posting of a bond equal to the weighted- presentations will be limited to issues publication of the preliminary results. average amount by which the NV raised in the briefs. Background exceeds the CEP, as indicated in the If this investigation proceeds On August 30, 1999, the Department chart below. These instructions normally, we will make our final published a notice of initiation of the suspending liquidation will remain in determination no later than 135 days administrative reviews of the effect until further notice. The after the date of publication of this antidumping duty orders on certain weighted-average dumping margins are notice in the Federal Register. provided below. pasta from Italy and Turkey, covering This determination is issued and the period July 1, 1998 to June 30, 1999 published pursuant to sections 733(f) Manufacturer/exporter Margin (64 FR 47167). The preliminary results (percent) and 777(i)(1) of the Act. are currently due no later than April 3, 2000. TAMSA ...... 4.60 Dated: January 28, 2000. All others ...... 4.60 Holly A. Kuga, Extension of Preliminary Results of Acting Assistant Secretary for Import Reviews ITC Notification Administration. We determine that it is not practicable In accordance with section 733(f) of [FR Doc. 00–2580 Filed 2–3–00; 8:45 am] to complete the preliminary results of the Act, we have notified the ITC of our BILLING CODE 3510±DS±P these reviews within the original time determination. If our final antidumping limits. Therefore, we are extending the determination is affirmative, the ITC time limits for completion of the will determine whether the imports preliminary results until no later than covered by this determination are June 30, 2000. See Decision materially injuring, or threaten material Memorandum from John Brinkmann to injury to, the United States industry. Holly A. Kuga, dated January 31, 2000, The deadline for that ITC determination which is on file in the Central Records VerDate 27 Unit, B–099 of the main Commerce in Procedures for Conducting Five-year a margin of 36.33 percent ad valorem, Building. We intend to issue the final (‘‘Sunset’’) Reviews of Antidumping and and the ‘‘all others’’ margin was 21.5 results no later than 120 days after the Countervailing Duty Orders, 63 FR percent. publication of the notice of preliminary 13516 (March 20, 1998) (‘‘Sunset The Department has completed six results of these reviews. Regulations’’) and 19 CFR part 351 administrative reviews of PET film since This extension is in accordance with (1999) in general. Guidance on the issuance of the antidumping duty section 751(a)(3)(A) of the Act. methodological or analytical issues order.1 On September 26, 1997, the Dated: January 31, 2000. relevant to the Department’s conduct of Department issued the Final Results of Changed Circumstances Antidumping Holly A. Kuga, sunset reviews is set forth in the Department’s Policy Bulletin 98:3— Duty Administration Review, 63 FR Acting Deputy Assistant Secretary, Import Policies Regarding the Conduct of Five- 3703 (January 26, 1998), in which the Administration. year (‘‘Sunset’’) Reviews of Department determined that Saehan [FR Doc. 00–2586 Filed 2–3–00; 8:45 am] Antidumping and Countervailing Duty Industries, Inc. (‘‘Saehan’’) was the BILLING CODE 3510±DS±P Orders; Policy Bulletin, 63 FR 18871 successor firm to Cheil. The Department (April 16, 1998) (‘‘Sunset Policy has not found duty absorption with Bulletin’’). respect to this order. DEPARTMENT OF COMMERCE The order remains in effect for all Scope International Trade Administration producers and exporters of PET film The merchandise covered by this from Korea, except for Cheil and Kolon, [A±580±807] antidumping duty order includes all for which the Department revoked the gauges of raw pre-treated, or primed antidumping duty order.2 Final Results of Expedited Sunset polythylene terephthalate film, sheet, Background Review: Polyethylene Terephthalate and strip, whether extruded or co- Film From Korea extruded. The films excluded from this On July 1, 1999, the Department initiated a sunset review of the AGENCY: Import Administration, antidumping duty order are metallized antidumping duty order on PET film International Trade Administration, films and other finished films that have from Korea (64 FR 35588) pursuant to U.S. Department of Commerce. had at least one of their surfaces modified by the application of a section 751(c) of the Act. On July 15, ACTION: Notice of Final Result of performance-enhancing resinous or 1999, the Department received a Notice Expedited Sunset Review: Polyethylene inorganic layer of more than 0.00001 Terephthalate Film from Korea. 1 inches (0.254 micrometers) thick. Roller See 1.a. Polyethylene Terephthalate Film, Sheet, transport cleaning film which has at and Strip From the Republic of Korea; Final Results SUMMARY: On July 1, 1999, the of Antidumping Duty Administrative Review, 60 FR Department of Commerce (‘‘the least one of its surfaces modified by the 42835 (August 17, 1995), as amended Polyethylene Department’’) initiated a sunset review application of 0.5 micrometers of SBR Terephthalate Film, Sheet, and Strip From the latex has also been ruled as not within Republic of Korea; Amended Final Results of of the antidumping duty order on Antidumping Duty Administrative Review, 61 FR polethylene terephthalate (‘‘PET’’) film the scope of the order. PET film is 53997 (February 12, 1996). from Korea pursuant to section 751(c) of currently classifiable under Harmonized 2.b. Polyethylene Terephthalate Film, Sheet, and the Tariff Act of 1930, as amended (‘‘the Tariff Schedule (‘‘HTS’’) item number Strip From the Republic of Korea; Final Results of Act’’). On the basis of a notice of intent 3920.62.00.00. The HTS item number is Antidumping Duty Administrative Reviews and provided for convenience and U.S. Notice of Revocation in Part, 61 FR 35177 (July 5, to participate and adequate substantive 1996). response filed on behalf of a domestic Customs purposes. The written 3.c. Polyethylene Terephthalate Film, Sheet, and interested party, and inadequate description remains dispositive. Strip From the Republic of Korea; Final Results of response from respondent interested Antidumping Duty Administrative Review and History of the Order Notice of Revocation in Part, 61 FR 58374 parties, the Department determined to On June 5, 1991, the Department (November 14, 1996), as amended 62 FR 1735 conduct an expedited sunset review. As (January 13, 1997). published the antidumping duty order a result of this review, the Department 4.d. Polyethylene Terephthalate Film, Sheet, and and amended final determination of finds that revocation of the antidumping Strip From the Republic of Korea; Final Results of sales at less than fair value (‘‘LTFV’’) on Antidumping Duty Administrative Review, 62 FR duty order would be likely to lead to PET film from Korea. See Antidumping 38064 (July 16, 1997), as amended 62 FR 45222 continuation or recurrence of dumping Duty Order and Amendment to Final (August 26, 1997). at the levels indicated in the Final 5.e. Polyethylene Terephthalate Film, Sheet, and Determination of Sales at Less Than Results of Review section of this notice. Strip From the Republic of Korea; Final Results of Fair Value: Polyethylene Terephthalate Antidumping Duty Administrative Review, 63 FR FOR FURTHER INFORMATION CONTACT: Film, Sheet, and Strip from the Republic 37334 (July 10, 1998), and Polyethylene Martha V. Douthit or Melissa G. of Korea as amended (56 FR 25669, June Terephthalate Film, Sheet, and Strip From the Skinner, Office of Policy for Import Republic of Korea; Notice of Final Court Decision 5, 1991). On September 26, 1997 (62 FR and Amended Final Results of Antidumping Duty Administration, International Trade 50557) the Department published Administrative Review, 63 FR 52241 (September 30, Administration, U.S. Department of Polyethylene Terephthalate Film, Sheet, 1998). Commerce, 14th St. & Constitution Ave., and Strip from the Republic of Korea; 6.f. Polyethylene Terephthalate Film, Sheet, and NW, Washington, DC 20230; telephone Notice of Final Court Decision and Strip From the Republic of Korea; Final Results of (202) 482–5050 or (202) 482–1560, Antidumping Duty Administrative Review: Final Amended Final Determination of Results of Antidumping Duty Administrative respectively. Antidumping Duty Investigation. In the Review and Notice of Intent Not To Revoke in Part; EFFECTIVE DATE: February 4, 2000. notice of final court decision and 64 FR 62648 (November 17, 1999). 2 See Polyethylene Terephthalate Film, Sheet, and SUPPLEMENTARY INFORMATION: amended final determination of the Strip from the Republic of Korea; Final Results of antidumping duty LTFV investigation, Antidumping Duty Administrative Reviews and Statute and Regulations based on our determination on remand, Notice of Revocation in Part, 61 FR 35177 (July 5, This review was conducted pursuant SKC Limited and SKC America, Inc. 1996), and Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea; Final Results to sections 751(c) and 752 of the Act. (collectively ‘‘SKC’’) was assigned a of Antidumping Duty Administrative Review and The Department’s procedures for the margin of 13.92 percent ad valorem, Notice of Revocation in Part, 61 FR 58374 conduct of sunset reviews are set forth Cheil Synthetics Incorporated (‘‘Cheil’’), (November 14, 1996). VerDate 27 VerDate 27 VerDate 27 Case History valuing the factors of production. We compelling reasons for denial exist, we This investigation was initiated on received comments from the are granting the respondents’ request July 20, 1999, based on a petition filed respondents on October 15 and and are postponing the final by the Koppel Steel Corporation, Gulf November 17, 1999. determination until no later than 135 On October 7, and November 19, States Tube (a division of Vision days after the publication of this notice 1999, the respondents and their Metals), Sharon Tube, U.S. Steel Group in the Federal Register. Suspension of respective producers requested that the (a unit of USX Corporation), and the liquidation will be extended Department find the seamless pipe United Steelworkers of America accordingly. industry in Romania to be a market- (collectively, petitioners). See Initiation oriented industry (MOI). Subsequently, Scope of Investigation of Antidumping Duty Investigations: the Department issued a letter to the The scope of this investigation Certain Large Diameter Carbon and Romanian embassy on October 14, 1999, includes small diameter seamless Alloy Seamless Standard, Line and requesting any additional information carbon and alloy (other than stainless) Pressure Pipe From Japan and Mexico; relevant to the MOI request. On October steel standard, line, and pressure pipes and Certain Small Diameter Carbon and 22, 1999, we received comments from and redraw hollows produced, or Alloy Seamless Standard, Line and the Romanian Ministry of Industry and equivalent, to the American Society for Pressure Pipe From the Czech Republic, Commerce in support of the MOI claim. Testing and Materials (ASTM) A–53, Japan, the Republic of South Africa and The petitioners submitted comments to ASTM A–106, ASTM A–333, ASTM A– Romania, 64 FR 40825 (July 28, 1999). the Department on November 2, 1999, 334, ASTM A–335, ASTM A–589, Since the initiation of this investigation, objecting to the MOI claim made by the ASTM A–795, and the American the following events have occurred: responding companies and the Petroleum Institute (API) 5L On August 12 and 17, 1999, we issued Romanian Ministry of Industry and specifications and meeting the physical antidumping questionnaires to the Commerce. parameters described below, regardless Romanian embassy with instructions to Based on a request made by the of application. The scope of this identify any additional producers/ petitioners on November 10, 1999, we investigation also includes all products exporters of the subject merchandise postponed the preliminary used in standard, line, or pressure pipe who had not contacted the Department, determination until January 26, 1999. applications and meeting the physical and to forward the questionnaire to all See Notice of Postponement of parameters described below, regardless producers/exporters of the subject Preliminary Antidumping Duty of specification. Specifically included merchandise. On August 31, 1999, we Determinations: Certain Small and within the scope of this investigation received a response from the Romanian Large Diameter Carbon and Alloy are seamless pipes and redraw hollows, embassy. Seamless Standard, Line and Pressure less than or equal to 4.5 inches (114.3 On August 16, 1999, the United States Pipe From the Czech Republic, Romania mm) in outside diameter, regardless of International Trade Commission (the and Mexico, 64 FR 66168 (November 24, wall-thickness, manufacturing process ITC) preliminarily determined that there 1999). (hot finished or cold-drawn), end finish is a reasonable indication that imports Between January 6 and January 12, (plain end, beveled end, upset end, of the products under investigation are 2000, the petitioners and the threaded, or threaded and coupled), or materially injuring the United States respondents submitted additional surface finish. industry. See 64 FR 46953 (August 27, comments regarding the preliminary The seamless pipes subject to this 1999) (ITC Report Publication No. determination. investigation are currently classifiable 3321). Although the deadline for this under the subheadings 7304.10.10.20, On September 9, 1999, we received a determination was originally January 7304.10.50.20, 7304.31.30.00, letter from S.C. Republica S.A. 26, 2000, due to the Federal 7304.31.60.50, 7304.39.00.16, (Republica), a producer of the subject Government shutdown on January 25 7304.39.00.20, 7304.39.00.24, merchandise in Romania, stating that it and 26, 2000, resulting from inclement 7304.39.00.28, 7304.39.00.32, did not sell the subject merchandise to weather, the timeframe for issuing this 7304.51.50.05, 7304.51.50.60, the United States during the period of determination has been extended by two 7304.59.60.00, 7304.59.80.10, investigation (POI) and, therefore, will days. 7304.59.80.15, 7304.59.80.20, and not file a response to the Department’s 7304.59.80.25 of the Harmonized Tariff questionnaire. Postponement of Final Determination Schedule of the United States (HTSUS). On September 13 and October 7, and Extension of Provisional Measures Specifications, Characteristics, and 1999, we received questionnaire Pursuant to section 735(a)(2) of the Uses: Seamless pressure pipes are responses from Sota Communication Act, on November 5, 1999, the intended for the conveyance of water, Company (Sota) and Metal Business respondents requested that, in the event steam, petrochemicals, chemicals, oil International S.R.L. (MBI) (collectively, of an affirmative preliminary products, natural gas and other liquids respondents), the trading companies determination in this investigation, the and gasses in industrial piping systems. exporting the subject merchandise Department postpone its final They may carry these substances at during the POI, and their respective determination. Further to that request, elevated pressures and temperatures producers S.C. Silcotub S.A. (Silcotub) on November 12, 1999, the respondents and may be subject to the application of and S.C. Petrotub S.A.(Petrotub). We requested that the Department extend by external heat. Seamless carbon steel issued supplemental questionnaires on 60 days the application of the pressure pipe meeting the ASTM A–106 September 24 and October 18, 1999, to provisional measures prescribed under standard may be used in temperatures of which we received responses on paragraphs (1) and (2) of section 773(d) up to 1000 degrees Fahrenheit, at October 14, November 1, and November of the Act. In accordance with 19 CFR various American Society of Mechanical 5, 1999. 351.210(b), because (1) our preliminary Engineers (ASME) code stress levels. On September 15, 1999, we invited determination is affirmative, (2) the Alloy pipes made to ASTM A–335 interested parties to provide comments requesting exporters account for a standard must be used if temperatures on the surrogate country selection and significant proportion of exports of the and stress levels exceed those allowed publicly available information for subject merchandise, and (3) no for ASTM A–106. Seamless pressure VerDate 27 VerDate 27 The criteria for determining whether 1999, memorandum, Whether the privatization program in 1990; neither a MOI exists are: (1) There must be Seamless Pipe Industry in Romania company has been state-owned nor virtually no government involvement in Should Be Treated as a Market-Oriented controlled by provincial or local setting prices or amounts to be Industry, which is on file in the Central governments. These companies are only produced; (2) the industry producing Records Unit (CRU) (room B–099 of the limited by their respective articles of the merchandise under review should main Commerce Building). incorporation and bylaws and are not subject to legislative enactments be characterized by private or collective Separate Rates ownership; and (3) market determined decentralizing the companies’ control. prices must be paid for all significant It is the Department’s policy to assign Specifically, the information on the inputs, whether material or non- all exporters of subject merchandise record shows that these companies are material, and for all but an insignificant subject to investigation in a non-market- autonomous in selecting their portion of all inputs accounting for the economy (NME) country a single rate management, negotiating and signing total value of the merchandise. See unless an exporter can demonstrate that contracts, setting their own export Chrome-Plated Lug Nuts from the it is sufficiently independent so as to be prices and retaining their own profits. People’s Republic of China; Final entitled to a separate rate. For purposes For a complete discussion of the Results of Administrative Review, 61 FR of this ‘‘separate rates’’ inquiry, the Department’s preliminary determination 58514, 58516 (November 15, 1996) (Lug Department analyzes each exporting that Sota and MBI are entitled to Nuts). In addition, in order to make an entity under the test established in the separate rates, see the January 28, 2000, affirmative determination that an Final Determination of Sales at Less memorandum, Assignment of Separate industry in a NME country is a MOI, the Than Fair Value: Sparklers from the Rates for Respondents in the Department requires information on People’s Republic of China, 56 FR 20588 Antidumping Duty Investigation of virtually the entire industry. A MOI (May 6, 1991) (Sparklers), as amplified Certain Small Diameter Carbon and claim, and supporting evidence, must in Final Determination of Sales at Less Alloy Seamless Standard, Line and cover producers that collectively Than Fair Value: Silicon Carbide from Pressure Pipe from Romania, which is constitute the industry in question; the People’s Republic of China, 59 FR on file in the CRU. 22585 (May 2, 1994) (Silicon Carbide). otherwise, the MOI claim is dismissed. Romania-Wide Rate (See, e.g., Freshwater Crawfish Tailmeat Under this test, exporters in NME from the People’s Republic of China, countries are entitled to separate, As in all NME cases, the Department company-specific margins when they implements a policy whereby there is a Final Determination of Sales at Less can demonstrate an absence of rebuttable presumption that all than Fair Value, 62 FR 41347, 41353 government control over exports, both exporters or producers comprise a single (August 1, 1997) (Crawfish).) in law (de jure) and in fact (de facto). exporter under common government We find preliminarily in this Evidence supporting, though not control, the ‘‘NME entity.’’ The investigation that the Romanian requiring, a finding of de jure absence Department assigns a single NME rate to seamless pipe industry does not meet of government control includes the the NME entity, unless an exporter can the Department’s criteria for an following: (1) An absence of restrictive demonstrate eligibility for a separate affirmative MOI finding because the stipulations associated with an rate. Information on the record of this respondents have placed information on individual exporter’s business and investigation indicates that Sota and the record showing that all of the known export licenses; (2) any legislative MBI are the only Romanian exporters to seamless pipe producers were primarily enactments decentralizing control of the United States of the subject owned by the government during companies; and (3) any other formal merchandise produced by Silcotub and virtually the entire POI. Specifically, in measures by the government Petrotub. Further, as noted above, prior cases, even where we have found decentralizing control of companies. although Republica produces the subject some degree of private and collective De facto absence of government merchandise, we have confirmed with ownership in the industry in question, control with respect to exports is based U.S. Customs that no subject we determined that the second prong of on the following four criteria: (1) merchandise produced by Republica the MOI test was not met because the Whether the export prices are set by or was sold to the United States during the share of total production capacity subject to the approval of a government POI, either directly by Republica or accounted for by private enterprises or authority; (2) whether each exporter through trading companies in Romania. collectives was small. See Notice of retains the proceeds from its sales and Since all exporters/producers of the Final Determination of Sales at Less makes independent decisions regarding subject merchandise sold to the United Than Fair Value: Certain Preserved the disposition of profits or financing of States during the POI responded to the Mushrooms from the People’s Republic losses; (3) whether each exporter has Department’s questionnaire, and we of China 63 FR 251, 72261 (December autonomy in making decisions have no reason to believe that there are 31, 1998). Furthermore, notwithstanding regarding the selection of management; other non-responding exporters/ the issue of ownership, we do not have and (4) whether each exporter has the producers of the subject merchandise sufficient information with respect to authority to negotiate and sign during the POI, we calculated a approximately 20 percent of the contracts. (See Silicon Carbide, 59 FR at Romania-wide rate based on the seamless pipe industry in Romania and, 22587.) weighted-average margins determined therefore, are unable to determine We have determined, according to the for Sota and MBI. whether the Romanian government is criteria identified in Sparklers and involved in setting prices or amounts to Silicon Carbide, that the evidence of Fair Value Comparisons be produced for a significant portion of record demonstrates an absence of To determine whether sales of the the industry for which we have no government control, both in law and in subject merchandise by Sota and MBI to information on the record. For a fact, with respect to exports by Sota and the United States were made at LTFV, complete discussion of the Department’s MBI. Both Sota and MBI were we compared the export price (EP) to preliminary determination that the established as privately-owned limited- the NV, as described in the Export Price seamless pipe industry does not liability trading companies after and Normal Value sections of this constitute a MOI, see the December 15, Romania began its extensive notice, below. In accordance with VerDate 27 VerDate 27 Verification DC 20230. Parties should confirm by indicated, all citations to the As provided in section 782(i) of the telephone the time, date, and place of Department of Commerce’s (the Act, we will verify all information relied the hearing 48 hours before the Department’s) regulations refer to the upon in making our final determination. scheduled time. regulations codified at 19 CFR part 351 Interested parties who wish to request (April 1999). Suspension of Liquidation a hearing, or to participate if one is Preliminary Determination In accordance with section 733(d) of requested, must submit a written the Act, we are directing the Customs request to the Assistant Secretary for We preliminarily determine that Service to suspend liquidation of all Import Administration, U.S. Department certain small diameter carbon and alloy imports of subject merchandise from of Commerce, Room 1870, within 30 seamless standard, line, and pressure Romania entered, or withdrawn from days of the publication of this notice. pipe (seamless pipe) from the Czech warehouse, for consumption on or after Requests should contain: (1) The party’s Republic are being sold, or are likely to the date of publication of this notice in name, address, and telephone number; be sold, in the United States at less than the Federal Register. We will instruct (2) the number of participants; and (3) fair value (LTFV), as provided in section the Customs Service to require a cash a list of the issues to be discussed. Oral 733 of the Act. The estimated margins deposit or the posting of a bond equal presentations will be limited to issues of sales at LTFV are shown in the to the weighted-average amount by raised in the briefs. If this investigation Suspension of Liquidation section of which the NV exceeds the EP, as proceeds normally, we will make our this notice. indicated in the chart below. These final determination not later then 135 Case History suspension of liquidation instructions days after the publication of this notice will remain in effect until further notice. in the Federal Register. This investigation was initiated on This determination is issued and July 20, 1999.1 See Initiation of Weighted- published in accordance with sections Antidumping Duty Investigations: Exporter/manufacturer average 733(d) and 777(i)(1) of the Act. Certain Large Diameter Carbon and margin Alloy Seamless Standard, Line and percentage Dated: January 28, 2000. Pressure Pipe From Japan and Mexico; Holly A. Kuga, Sota Communication Company 13.75 and Certain Small Diameter Carbon and Acting Assistant Secretary for Import Metal Business International Alloy Seamless Standard, Line and Administration. S.R.L...... 10.99 Pressure Pipe From the Czech Republic, Romania-wide rate ...... 12.34 [FR Doc. 00–2577 Filed 2–3–00; 8:45 am] Japan, the Republic of South Africa and BILLING CODE 3510±DS±P Romania, 64 FR 40825 (July 28, 1999) The Romania-wide rate applies to all (Initiation Notice). Since the initiation entries of the subject merchandise of the investigation, the following DEPARTMENT OF COMMERCE except for entries from exporters/ events have occurred: producers that are identified International Trade Administration As of the date of initiation of this individually above. investigation, the Czech Republic was ITC Notification [A±851±802] still considered a non-market economy (NME) country. On July 23, 1999, the In accordance with section 733(f) of Notice of Preliminary Determination of Department received a letter from the the Act, we have notified the ITC of our Sales at Less Than Fair Value and Czech Ambassador, on behalf of the determination. If our final Postponement of Final Determination: Government of the Czech Republic, determination is affirmative, the ITC Certain Small Diameter Carbon and requesting revocation of the Czech will determine by the later of 120 days Alloy Seamless Standard, Line, and Republic’s NME status, under section after the date of this preliminary Pressure Pipe From the Czech 771(18)(A) of the Act, in the context of determination or 45 days after our final Republic this investigation. On August 5, 1999, determination whether these imports AGENCY: Import Administration, the Department initiated a formal are materially injuring, or threaten inquiry into the Czech Republic’s status material injury to, the U.S. industry. International Trade Administration, Department of Commerce. as a NME. On August 12, 1999, the Public Comment EFFECTIVE DATE: February 4, 2000. Department selected Nova Hut, a.s. (Nova Hut), the sole producer of the Case briefs in six copies must be FOR FURTHER INFORMATION CONTACT: subject merchandise in the Czech submitted to the Assistant Secretary for Dennis McClure or John Brinkmann, at Republic, as a mandatory respondent, Import Administration no later than (202) 482–0984 or (202) 482–4126, and issued section A of the NME and March 20, 2000, and rebuttal briefs no respectively; AD/CVD Enforcement, market economy 2 antidumping later than March 27, 2000. A list of Office VI, Group II, Import questionnaires to Nova Hut. On August authorities used and an executive Administration, Room 1870, 16, 1999, the Department received summary of issues should accompany International Trade Administration, comments from the Czech Government any briefs submitted to the Department. U.S. Department of Commerce, 14th and petitioners addressing the criteria Such summary should be limited to five Street and Constitution Avenue, NW, necessary to revoke the Czech pages total, including footnotes. In Washington, DC 20230. accordance with section 774 of the Act, Republic’s NME status. we will hold a public hearing, if The Applicable Statute and Regulations 1 The petitioners in this investigation are Gulf requested, to afford interested parties an Unless otherwise indicated, all States Tube, a Division of Vision Metals, Inc.; opportunity to comment on arguments citations to the statute are references to Koppel Steel Corporation; Sharon Tube raised in case or rebuttal briefs. the provisions effective January 1, 1995, Corporation; USS/Kobe Steel Corporation; U.S. Tentatively, the hearing will be held on the effective date of the amendments Steel Group, a unit of USX Corporation; and the March 23, 2000, at the U.S. Department United Steelworkers of America. made to the Tariff Act of 1930 (the Act) 2 Both versions of the questionnaire were issued of Commerce, 14th Street and by the Uruguay Round Agreements Act because Nova Hut had requested that the NME Constitution Avenue, NW, Washington, (URAA). In addition, unless otherwise status of the Czech Republic be revoked. VerDate 27 On August 23, 1999, the United States and Mexico, 64 FR 66168 (November 24, postponement is made by exporters who International Trade Commission (ITC) 1999). account for a significant proportion of preliminarily determined that there is a On December 10, 1999, the exports of the subject merchandise, or in reasonable indication that imports of the Department revoked the Czech the event of a negative preliminary products subject to this antidumping Republic’s NME status. See determination, a request for such investigation are materially injuring the Memorandum to Robert S. LaRussa, postponement is made by the U.S. industry. See Certain Seamless Antidumping Investigation of Certain petitioners. The Department’s Carbon and Alloy Steel Standard, Line, Small Diameter Carbon and Alloy regulations, at 19 CFR 351.210(e)(2), and Pressure Pipe from the Czech Seamless Standard Line and Pressure require that requests by respondents for Republic, Japan, Mexico, Romania, and Pipe from the Czech Republic: Non- postponement of a final determination South Africa, 64 FR 46953 (August 27, Market Economy (‘‘NME’’) Country be accompanied by a request for 1999). Status (Czech Republic: NME Status), extension of provisional measures from On August 17, 1999, we issued the dated November 29, 1999, on file in the a four-month period to not more than remainder of the NME and market CRU and the section on Revocation of six months. economy questionnaires to Nova Hut. the Czech Republic’s Non-Market On October 29, 1999, Nova Hut While Nova Hut responded to section Economy Status, below. Thereafter, this requested that, in the event of an A of the Department’s NME investigation continued under the affirmative preliminary determination questionnaire on September 9, 1999, no Department’s market economy in this investigation, the Department further NME responses were received. procedures. postpone its final determination until Nova Hut submitted its responses to On January 18, 2000, the petitioners not later than 135 days after the date of Department’s market economy submitted comments regarding Nova the publication of an affirmative questionnaire on September 9 and Hut’s response to the Department’s preliminary determination in the October 14, 1999. section D questionnaire. We note that Federal Register. Nova Hut also On November 2, 1999, the petitioners the petitioners’ submission was not included a request to extend the requested that the Department initiate a received in sufficient time to be provisional measures to not more than below-cost sales investigation. After considered for purposes of the six months. Therefore, in accordance examining the petitioners’ request, on Department’s preliminary with 19 CFR 351.210(b), because (1) our November 5, 1999, the Department determination.3 However, we intend to preliminary determination is initiated a below-cost sales investigation examine these comments in detail and, affirmative, (2) the requesting exporter and requested that Nova Hut respond to if necessary, we will issue an additional accounts for a significant portion of the Department’s cost of production questionnaire to clarify or supplement exports of the subject merchandise, and questionnaire. See Memorandum from information previously submitted by (3) no compelling reason for denial John Brinkmann to David Mueller, Nova Hut. exists, we are granting the respondent’s Allegation of Sales Below the Cost of On January 19 and 20, 2000, in request and are postponing the final Production for Nova Hut, a.s. (Cost response to the Department’s section D determination until not later than 135 Memo), dated November 5, 1999, on file supplemental questionnaire, Nova Hut days after the date of the publication of in the Central Records Unit (CRU), room provided additional information from the preliminary determination. B–099 of the Main Commerce its affiliated suppliers. On January 21, Period of Investigation Department Building. Nova Hut 2000, Nova Hut responded to the The period of this investigation (POI) submitted its response to the petitioners’ January 18, 2000, Department’s cost of production comprises Nova Hut’s four most recent comments. As explained above, we will questionnaire on December 13, 1999. fiscal quarters prior to the filing of the take these comments into consideration We issued supplemental petition (i.e., April 1, 1998, through questionnaires where appropriate. for the final determination. Although the deadline for this March 31, 1999). Responses to those supplemental determination was originally January questionnaires were timely filed Scope of Investigation 26, 2000, due to the Federal between November 12, 1999 and For purposes of this investigation, the Government shutdown on January 25 January 6, 2000 and we have products covered are small diameter and 26, 2000, resulting from inclement incorporated the information provided seamless carbon and alloy (other than weather, the time frame for issuing this in those responses into this preliminary stainless) steel standard, line, and determination has been extended by two determination. pressure pipes and redraw hollows On November 10, 1999, the days. produced, or equivalent, to the ASTM petitioners made a timely request that Postponement of Final Determination A–53, ASTM A–106, ASTM A–333, the Department postpone the and Extension of Provisional Measures ASTM A–334, ASTM A–335, ASTM A– preliminary determination in this 589, ASTM A–795, and the American Section 735(a)(2) of the Act provides investigation and the companion Petroleum Institute (API) 5L that a final determination may be investigations from Romania and specifications and meeting the physical postponed until not later than 135 days Mexico on the grounds that these parameters described below, regardless after the date of the publication of the investigations are extraordinarily of application. The scope of this preliminary determination if, in the complicated. On November 17, 1999, in investigation also includes all products event of an affirmative preliminary accordance with section 733(c)(1) of the used in standard, line, or pressure pipe determination, a request for such Act we extended the deadline for the applications and meeting the physical preliminary determination to January 3 Given that the Department did not revoke the parameters described below, regardless 28, 2000. See Notice of Postponement of Czech Republic’s NME status until December 10, of specification. Specifically included Preliminary Antidumping Duty 1999, Nova Hut did not respond to the within the scope of this investigation Determinations: Certain Small and Department’s December 22, 1999 supplemental are seamless pipes and redraw hollows, section D questionnaire until January 6, 2000. As Large Diameter Carbon and Alloy a result, the petitioners did not submit their less than or equal to 4.5 inches (114.3 Seamless Standard, Line and Pressure comments regarding this response until January 18, mm) in outside diameter, regardless of Pipe From the Czech Republic, Romania 2000. wall-thickness, manufacturing process VerDate 27 (hot finished or cold-drawn), end finish typically triple or quadruple certify the and mechanical tubing, if such products (plain end, beveled end, upset end, pipes by meeting the metallurgical are not produced to ASTM A–53, ASTM threaded, or threaded and coupled), or requirements and performing the A–106, ASTM A–333, ASTM A–334, surface finish. required tests pursuant to the respective ASTM A–335, ASTM A–589, ASTM A– The seamless pipes subject to this specifications. Since distributors sell the 795, and API 5L specifications and are investigation are currently classifiable vast majority of this product, they can not used in standard, line, or pressure under the subheadings 7304.10.10.20, thereby maintain a single inventory to pipe applications. In addition, finished 7304.10.50.20, 7304.31.30.00, service all customers. and unfinished oil country tubular 7304.31.60.50, 7304.39.00.16, The primary application of ASTM A– goods (OCTG) are excluded from the 7304.39.00.20, 7304.39.00.24, 106 pressure pipes and triple or scope of this investigation, if covered by 7304.39.00.28, 7304.39.00.32, quadruple certified pipes is in pressure the scope of another antidumping duty 7304.51.50.05, 7304.51.50.60, piping systems by refineries, order from the same country. If not 7304.59.60.00, 7304.59.80.10, petrochemical plants, and chemical covered by such an OCTG order, 7304.59.80.15, 7304.59.80.20, and plants. Other applications are in power finished and unfinished OCTG are 7304.59.80.25 of the HTSUS. generation plants (electrical-fossil fuel included in this scope when used in Specifications, Characteristics, and or nuclear), and in some oil field uses standard, line or pressure applications. Uses: Seamless pressure pipes are (on shore and off shore) such as for Although the HTSUS subheadings are intended for the conveyance of water, separator lines, gathering lines and provided for convenience and customs steam, petrochemicals, chemicals, oil metering runs. A minor application of purposes, our written description of the products, natural gas and other liquids this product is for use as oil and gas merchandise under investigation is and gasses in industrial piping systems. distribution lines for commercial dispositive. They may carry these substances at applications. These applications Class or Kind elevated pressures and temperatures constitute the majority of the market for and may be subject to the application of the subject seamless pipes. However, From August through November 1999, external heat. Seamless carbon steel ASTM A–106 pipes may be used in the Department received submissions pressure pipe meeting the ASTM A–106 some boiler applications. from importers, respondents, and standard may be used in temperatures of Redraw hollows are any unfinished consumers in the companion up to 1000 degrees Fahrenheit, at pipe or ‘‘hollow profiles’’ of carbon or investigations involving small and large various ASME code stress levels. Alloy alloy steel transformed by hot rolling or diameter seamless pipe from Japan, pipes made to ASTM A–335 standard cold drawing/hydrostatic testing or requesting that the subject merchandise must be used if temperatures and stress other methods to enable the material to be considered more than one class or levels exceed those allowed for ASTM be sold under ASTM A–53, ASTM A– kind. Specifically, those parties A–106. Seamless pressure pipes sold in 106, ASTM A–333, ASTM A–334, requested that the Department the United States are commonly ASTM A–335, ASTM A–589, ASTM A– subdivide each of these investigations produced to the ASTM A–106 standard. 795, and API 5L specifications. into the following separate classes or Seamless standard pipes are most The scope of this investigation kinds of merchandise: (1) Commodity commonly produced to the ASTM A–53 includes all seamless pipe meeting the grade carbon seamless standard, line specification and generally are not physical parameters described above and pressure pipe; (2) alloy seamless intended for high temperature service. and produced to one of the pipe; and (3) high-strength seamless line They are intended for the low specifications listed above, regardless of pipe. On November 8, 1999, the temperature and pressure conveyance of application, and whether or not also petitioners rebutted these arguments. water, steam, natural gas, air and other certified to a non-covered specification. We have preliminarily determined that liquids and gasses in plumbing and Standard, line, and pressure there is a single class or kind of heating systems, air conditioning units, applications and the above-listed merchandise for small diameter pipe automatic sprinkler systems, and other specifications are defining and another distinct single class or kind related uses. Standard pipes (depending characteristics of the scope of this of merchandise for large diameter pipe. on type and code) may carry liquids at investigation. Therefore, seamless pipes For further discussion on this topic see elevated temperatures but must not meeting the physical description above, the Notice of Preliminary exceed relevant ASME code but not produced to the ASTM A–53, Determinations of Sales at Less Than requirements. If exceptionally low ASTM A–106, ASTM A–333, ASTM A– Fair Value: Certain Large Diameter temperature uses or conditions are 334, ASTM A–335, ASTM A–589, Carbon and Alloy Seamless Standard, anticipated, standard pipe may be ASTM A–795, and API 5L specifications Line and Pressure Pipe from Japan and manufactured to ASTM A–333 or ASTM shall be covered if used in a standard, Certain Small Diameter Carbon and A–334 specifications. line, or pressure application. Alloy Seamless Standard, Line and Seamless line pipes are intended for For example, there are certain other Pressure Pipe from Japan and the the conveyance of oil and natural gas or ASTM specifications of pipe which, Republic of South Africa, FR 64 69721 other fluids in pipe lines. Seamless line because of overlapping characteristics, (December 14, 1999). pipes are produced to the API 5L could potentially be used in ASTM A– Product Comparisons specification. 106 applications. These specifications Seamless water well pipe (ASTM A– generally include ASTM A–161, ASTM In accordance with section 771(16) of 589) and seamless galvanized pipe for A–192, ASTM A–210, ASTM A–252, the Act, all products produced by Nova fire protection uses (ASTM A–795) are ASTM A–501, ASTM A–523, ASTM A– Hut covered by the description in the used for the conveyance of water. 524, and ASTM A–618. When such Scope of Investigation section, above, Seamless pipes are commonly pipes are used in a standard, line, or and sold in the Czech Republic during produced and certified to meet ASTM pressure pipe application, such the POI, are considered to be foreign A–106, ASTM A–53, API 5L–B, and API products are covered by the scope of like products for purposes of 5L–X42 specifications. To avoid this investigation. determining appropriate product maintaining separate production runs Specifically excluded from the scope comparisons to U.S. sales. We have and separate inventories, manufacturers of this investigation are boiler tubing relied on six criteria to match U.S. sales VerDate 27 VerDate 27 2. Test of Home-Market Sales Prices prices to unaffiliated parties, we We made the following adjustments to We compared the weighted-average determined that the sales made to the Nova Hut’s reported home market sales COP for Nova Hut to home market sales affiliated party were not at arm’s-length. data: (1) We recalculated the imputed of the foreign like product, as required See Notice of Final Results and Partial credit expenses by adding back to the under section 773(b) of the Act, in order Recission of Antidumping Duty gross price, on-invoice billing to determine whether these sales had Administrative Review: Roller Chain, adjustments made for orders that did been made at prices below the COP Other Than Bicycle, From Japan, 62 FR not meet a minimum quantity within an extended period of time (i.e., 60472, 60478 (November 10, 1997) and requirement; (2) for sales with missing a period of one year) in substantial Antidumping Duties; Countervailing payment dates, the Department set the quantities 5 and whether such prices Duties: Final Rule (Antidumping date of payment as the projected were sufficient to permit the recovery of Duties), 62 FR 27295, 27355–56 (May preliminary results date; (3) we deleted all costs within a reasonable period of 19, 1997). We included those sales to seamless pipe products that were sold time. affiliated customers that passed the as an overrun or non-prime product We used the revised COP data from arm’s-length test in our analysis. (see 19 since overrun and non-prime seamless the December 13, 1999, and January 6, CFR 351.403). pipe were not sold in the U.S. market; 2000, submissions, to compare to the D. Level of Trade and (4) we used the revised variable cost home market prices, less any applicable of manufacturing and total cost of billing adjustments, discounts, rebates, As set forth in section 773(a)(1)(B)(i) manufacturing reported in the COP and indirect selling expenses, on a of the Act and in the Statement of database and CV database to calculate model-specific basis. Administrative Action (SAA) our difference in merchandise accompanying the Uruguay Round adjustment, as noted above in the Cost 3. Results of the COP Test Agreements Act, H.R. Doc. 103–316 at of Production Analysis section. See Pursuant to section 773(b)(2)(B) of the 829–831 (1994), to the extent Preliminary Calculation Memorandum Act, since we found 20 percent or more practicable, the Department will for Nova Hut, a.s., dated January 28, of Nova Hut’s sales of certain products calculate NV based on sales at the same 2000, on file in the CRU. during the POI were at prices less than level of trade (LOT) as the U.S. sales. the weighted-average COP for the POI, We examined information on the Currency Conversions we preliminary determine such sales to selling activities associated with each We made currency conversions into have been made in ‘‘substantial channel of trade in each of Nova Hut’s United States dollars in accordance with quantities’’ within an extended period markets. Nova Hut’s home market sales section 773A(a) of the Act based on of time. We also preliminary determine were all exworks and its U.S. sales were exchange rates in effect on the dates of these sales below cost were not made at DAF Polish border. The EP LOT did not the United States sales, as provided by prices that would permit recovery of all differ considerably from the home the Dow Jones Business Information costs within a reasonable period of time, market LOT with respect to selling Services. in accordance with section 773(b)(2)(D) activities, although there were slight of the Act. Therefore, for purposes of differences with respect to advertising Verification these preliminary results, we have and warehousing. Therefore, we In accordance with section 782(i) of disregarded these below-cost sales and determine that there was a single LOT the Act, we intend to verify all used the remaining above-cost sales as in each market and that these LOTs information relied upon in making our the basis for determining NV, in were comparable. For a detailed final determination. accordance with section 773(b)(1) of the description of our level-of-trade Suspension of Liquidation Act. Although, some products had no methodology and findings for this above-cost sales, we did not need to use preliminary determination, see the In accordance with section 733(d) of constructed value (CV) as a basis for NV January 28, 2000, Antidumping the Act, we are directing Customs to in our comparisons to EP, because all EP Investigation of Certain Small Diameter suspend liquidation of all entries of sales were matched to similar models of Seamless Pipe from the Czech Republic: seamless pipe products from the Czech above-cost sales from the home market. Preliminary Level of Trade Findings Republic, that are entered or withdrawn Memorandum on file in the CRU. from warehouse, for consumption on or C. Arms-Length Test E. Calculation of Normal Value Based after the date of publication of this Sales to affiliated customers for on Home-Market Prices notice in the Federal Register. We are consumption in the home market which also instructing Customs to require a were determined not to be at arm’s- We performed price-to-price cash deposit or the posting of a bond length were excluded from our analysis. comparisons using sales of comparable equal to the weighted-average amount To test whether these sales were made merchandise in the home market that by which the NV exceeds the EP, as at arm’s-length, we compared the prices did not fail the cost test. We calculated indicated in the chart below. These of sales of comparison products to NV based on ‘‘exworks’’ prices. In instructions suspending liquidation will affiliated and unaffiliated customers, net addition, we made circumstance-of-sale remain in effect until further notice. of all movement charges, direct selling (COS) adjustments for direct expenses, The weighted-average dumping expenses, discounts, and packing. where appropriate, in accordance with margins are provided below. Pursuant to 19 CFR 351.403 and in section 773(a)(6)(C)(iii) of the Act. These included imputed credit expenses and accordance with our practice, where the Manufacturer/exporter Margin prices to the affiliated party were on billing adjustments. We made no (percent) average less than 99.5 percent of the adjustments for discounts or rebates since the invoice price is already net of Nova Hut ...... 12.55 All Others ...... 12.55 5 In accordance with section 773(b)(2)(C)(i) of the these discounts and rebates. In Act, we determined that sales made below the COP accordance with sections 773(a)(6)(A) were made in substantial quantities if the volume and (B) of the Act, we deducted home ITC Notification of such sales represented 20 percent or more of the volume of sales under consideration for the market packing costs and added U.S. In accordance with section 733(f) of determination of NV. packing costs. the Act, we have notified the ITC of our VerDate 27 Product within scope Importer Citation Superclean or ultraclean pipe fittings from Japan ... Benkan Corporation ...... 56 FR 1801 (January 17, 1991). A774 type stainless steel pipe fittings from Taiwan Tachia Yung Ho ...... 58 FR 28556 (May 14, 1993). Cast butt-weld pipe fittings from Taiwan ...... Eckstrom Industries ...... Eckstrom Ind. v. United States, Court No. 97±10± 01913, Slip. Op., 99±99 (Ct. Int'l Trade Sept. 20, 1999). The following products were determined to be outside the scope of the order: VerDate 27 Product outside scope Importer Citation Certain gasket raised face seal sleeves and certain Fujikin of America, Inc ...... 60 FR 54212 (October 20, 1995). stainless steel ``Fine-fit'' tube fittings imported from Japan. Stainless steel tube fittings with non-welded end Top Line Process Equipment Cor- 60 FR 54213 (October 20, 1995). connection, and other products from Taiwan. poration. Primet joint metal seal fittings and primet joint weld Daido ...... 61 FR 5533 (February 13, 1996). fittings from Japan. Sleeves of clean vacuum couplings and super- Benkan ...... 61 FR 5533 (February 13, 1996). clean microfittings from Japan. Superclean fittings from Japan ...... Benkan UCT Corporation ...... 61 FR 40194 (August 1, 1996). These reviews cover imports from all manufacturers and exporters of pipe and tube fittings from Japan, Korea, and Taiwan. History of the Orders this order since its imposition. The party status as U.S. manufacturers order remains in effect for all whose workers are engaged in the Japan manufacturers and exporters of the production of domestic like products. The Department published its final subject merchandise from Korea. Moreover, the domestic interested affirmative determination of sales at less Taiwan parties stated that they have been than fair value (‘‘LTFV’’) with respect to involved in these proceedings since imports of pipe and tube fittings from On May 14, 1993, the Department their inception. The Department Japan on February 4, 1988 (53 FR 3227). issued its final affirmative received complete substantive responses In this determination, the Department determination of sales at LTFV from the domestic interested parties by published three weighted-average regarding pipe and tube fittings from August 2, 1999, within the 30-day dumping margins (which included a de Taiwan (58 FR 28556). In this deadline specified in the Sunset minimis margin 1) and an ‘‘all others’’ determination, the Department Regulations under § 351.218(d)(3)(i). We rate. The Department published its published weighted-average dumping did not receive a substantive response antidumping duty order on pipe and margins for three companies and an ‘‘all from any respondent interested party to tube fittings from Japan on March 25, others’’ rate. The Department these proceedings. As a result, pursuant 2 1988. The Department has conducted subsequently published an amended to 19 CFR 351.218(e)(1)(ii)(C), the four administrative reviews of this order final determination and antidumping Department determined to conduct 3 5 since its imposition. In each of the four duty order on June 16, 1993. Since the expedited, 120-day, reviews of these reviews we calculated one company- order was issued, the Department has orders. specific margin. The order remains in completed three administrative reviews In accordance with section effect for all manufacturers and with respect to pipe and tube fittings 751(c)(5)(C)(v) of the Act, the 6 exporters of the subject merchandise from Taiwan. The order remains in Department may treat a review as from Japan, other than Fuji who was effect for all manufacturers and extraordinarily complicated if it is a excluded from the antidumping duty exporters of the subject merchandise review of a transition order (i.e., an order. from Taiwan. order in effect on January 1, 1995). The Korea Background reviews at issue concern transition The Department published its final On July 1, 1999, the Department orders within the meaning of section affirmative determination of sales at initiated sunset reviews of the 751(c)(6)(C)(ii) of the Act. Therefore, the LTFV with respect to imports of pipe antidumping duty orders on pipe and Department determined that the sunset and tube fittings from Korea on tube fittings from Japan, Korea, and reviews of the antidumping duty orders December 29, 1992 (57 FR 61881). In Taiwan (64 FR 35588), pursuant to on pipe and tube fittings from Japan, this determination, the Department section 751(c) of the Act. We received Korea, and Taiwan are extraordinarily published weighted-average dumping Notices of Intent To Participate in each complicated and extended the time margins for one company and an ‘‘all of the three sunset reviews, on behalf of limit for completion of the final results others’’ rate. The Department published Alloy Piping Products, Inc. (‘‘Alloy’’), of these reviews until not later than its antidumping duty order on pipe and Flowline Division of Markovitz January 27, 2000, in accordance with 7 tube fittings from Korea on February 23, Enterprises, Inc. (‘‘Flowline’’), Gerlin, section 751(c)(5)(B) of the Act. 1993.4 The Department has not Inc. (‘‘Gerlin’’), and Taylor Forge Although the deadline for this conducted an administrative review of Stainless, Inc. (‘‘Taylor’’) (collectively determination was originally January ‘‘domestic interested parties’’), by July 27, 2000, due to the Federal 1 One of the three companies investigated, Fuji 16, 1999, within the deadline specified Government shutdown on January 25 Acetylene Industries Co., Ltd. (‘‘Fuji’’), was in § 351.218(d)(1)(i) of the Sunset and 26, 2000, resulting from inclement excluded from the antidumping duty order, since Regulations. Pursuant to section weather, the time frame for issuing this the Department found that it had a de minimis determination has been extended by one dumping margin. 771(9)(C) of the Act, the domestic 2 See Antidumping Duty Order: Certain Stainless interested parties claimed interested- day. Steel Butt-Weld Pipe and Tube Fittings from Japan, Determination 53 FR 9787 (March 25, 1988). 5 See Amended Final Determination and 3 See Stainless Steel Butt-Weld Pipe and Tube Antidumping Duty Order: Certain Stainless Steel In accordance with section 751(c)(1) Fittings from Japan; Final Results of Antidumping Butt-Weld Pipe and Tube Fittings from Taiwan, 58 of the Act, the Department conducted Duty Administrative Review, 56 FR 14922 (April FR 33250 (June 16, 1993). these reviews to determine whether 12, 1991); 56 FR 20592 (May 6, 1991); 57 FR 46372 6 See Certain Stainless Steel Butt-Weld Pipe (October 8, 1992); 59 FR 12240 (March 16, 1994). Fittings From Taiwan: Final Results of 4 See Antidumping Duty Order: Certain Stainless Antidumping Duty Administrative Review, 63 FR 7 See Extension of Time Limit for Final Results of Steel Butt-Weld Pipe and Tube Fittings from Korea, 67855 (December 9, 1998) ( 3rd review); 65 FR 2116 Five-Year Reviews, 64 FR 62167 (November 16, 58 FR 11029 (February 23, 1993). (January 13, 2000) (1st & 2nd review). 1999). VerDate 27 VerDate 27 Japan, Taiwan, and Korea since the appropriate, and consideration of duty- TAIWAN imposition of the orders provides absorption determinations. See id. at further evidence that dumping would 18873–74. To date, the Department has Manufacturer/exporter Margin continue if the orders were revoked. In not issued any duty-absorption findings (percent) their substantive responses, the in any of these three cases. Tachia Yung Ho Machine In- domestic interested parties provided In their substantive response, the dustry Co. Ltd...... 76.20 statistics demonstrating the decline in domestic interested parties Ta Chen Stainless Pipe Co. import volumes of pipe and tube fittings recommended that, consistent with the Ltd...... 0.64 from Japan, Korea, and Taiwan. The Sunset Policy Bulletin, the Department Tru-Flow Industrial Co., Ltd...... 76.20 Department agrees with the domestic provide to the Commission the All others ...... 51.01 interested parties’ arguments that company-specific margins from the This notice serves as the only imports of the subject merchandise fell original investigations. Moreover, reminder to parties subject to sharply after the orders were imposed regarding companies not reviewed in administrative protective order (‘‘APO’’) and never regained pre-order volumes. the original investigations, the domestic As noted above, in conducting its of their responsibility concerning the interested parties suggested that the sunset reviews, the Department disposition of proprietary information Department report the ‘‘all others’’ rates considered the weighted-average disclosed under APO in accordance dumping margins and volume of included in the original investigations. with 19 CFR 351.305 of the imports in determining whether The Department agrees with the Department’s regulations. Timely revocation of these antidumping duty domestic interested parties. The notification of return/destruction of orders would lead to the continuation or Department finds that the margins APO materials or conversion to judicial recurrence of dumping. Based on this calculated in the original investigations protective order is hereby requested. analysis, the Department finds that the are probative of the behavior of Failure to comply with the regulations existence of dumping margins at levels Japanese, Korean, and Taiwanese and the terms of an APO is a above de minimis and a reduction in manufacturers/exporters if the orders sanctionable violation. export volumes after the issuance of the were revoked as they are the only This five-year (‘‘sunset’’) review and orders is highly probative of the margins which reflect their actions notice are in accordance with sections likelihood of continuation or recurrence absent the discipline of the order. 751(c), 752, and 777(i)(1) of the Act. of dumping. A deposit rate above de Therefore, the Department will report Dated: January 28, 2000. minimis continues in effect for exports to the Commission the company- Holly A. Kuga, of the subject merchandise by all specific and all others rates from the Acting Assistant Secretary for Import (except as indicated in footnotes 11 & original investigations as contained in Administration. 11 12) known Japanese, Korean and the Final Results of Reviews section of [FR Doc. 00–2584 Filed 2–3–00; 8:45 am] Taiwanese,12 manufacturers/exporters this notice. BILLING CODE 3510±DS±P of the subject merchandise. Therefore, given that dumping has continued over Final Results of Reviews the life of the orders, import volumes DEPARTMENT OF COMMERCE have declined significantly after the As a result of these reviews, the imposition of the order, respondent Department finds that revocation of the International Trade Administration parties have waived participation in antidumping duty orders would likely [A±580±810, A±583±815] these reviews, and absent argument and lead to continuation or recurrence of dumping at the margins listed below: evidence to the contrary, the Final Results of Expedited Sunset Department determines that dumping is Reviews: Certain Welded Stainless JAPAN likely to continue or recur if the orders Steel Pipes From the Republic of were revoked. Margin Korea and Taiwan Manufacturer/exporter (percent) Magnitude of the Margin AGENCY: Import Administration, In the Sunset Policy Bulletin, the Mie Horo ...... 65.08 International Trade Administration, Department stated that normally it will Nippon Benkan Kogyo, K.K ...... 37.24 Department of Commerce. provide to the Commission the margin All others ...... 49.31 ACTION: Notice of Final Results of that was determined in the final Expedited Sunset Reviews: Certain determination in the original Welded Stainless Steel Pipes from the Fuji Acetylene Industries, Co., Ltd. investigation. Further, for companies Republic of Korea and Taiwan. not specifically investigated or for was excluded from the antidumping companies that did not begin shipping duty order based on a de minimis SUMMARY: On July 1, 1999, the until after the order was issued, the dumping margin calculated in the Final Department of Commerce (‘‘the Department normally will provide a Less Than Fair Value Determination. Department’’) initiated sunset reviews of margin based on the ‘‘all others’’ rate See Final Determination of Sales at Less the antidumping duty orders on certain from the investigation. See Sunset Than Fair Value: Certain Stainless Steel welded stainless steel pipes (‘‘pipes’’) Policy Bulletin 63 FR 18873. Exceptions Butt-Weld Pipe Fittings from Japan, 53 from the Republic of Korea (‘‘Korea’’) to this policy include the use of a more FR 3227 (February 4, 1988). and Taiwan (64 FR 35588) pursuant to recently calculated margin, where section 751(c) of the Tariff Act of 1930, KOREA as amended (‘‘the Act’’). On the basis of 11 One Japanese producer was excluded from the a notice of intent to participate and an antidumping duty order based on a de minimis Manufacturer/exporter Margin adequate response filed on behalf of a dumping margin calculated in the Final Less Than (percent) domestic interested party and Fair Value Determination. Supra at footnote 1. inadequate response (in these cases, no 12 As noted above, one Taiwanese producer/ The Asia Bend Co. Ltd...... 21.20 exporter currently has a de minimis dumping All others ...... 21.20 response) from respondent interested margin. parties in each of these reviews, the VerDate 27 Department decided to conduct process machines. Imports of pipes are published four weighted-average expedited reviews. As a result of these currently classifiable under the dumping margins and an ‘‘all others’’ reviews, the Department finds that following Harmonized Tariff Schedule rate.5 These margins were later revocation of the antidumping duty of the United States (‘‘HTSUS’’) amended by the Department,6 pursuant orders would be likely to lead to the subheadings: 7306.40.5005, to a ruling by the Court of International continuation or recurrence of dumping 7306.40.5015, 7306.40.5040, Trade.7 Since the order was issued, the at the levels indicated in the Final 7306.40.5065, and 7306.40.5085. Department has completed four Results of Reviews section of this Although these subheadings include administrative reviews 8 and one notice. both pipes and tubes, the scope of this changed-circumstances review 9 with order is limited to welded austenitic respect to pipes from Taiwan. The order FOR FURTHER INFORMATION CONTACT: stainless steel pipes. Although the Mark D. Young or Melissa G. Skinner, remains in effect for all manufacturers HTSUS subheadings are provided for and exporters of the subject Office of Policy for Import convenience and United States Customs merchandise from Taiwan, other than Administration, International Trade purposes, our written description of the Chang Mien. Administration, U.S. Department of scope of these orders are dispositive. Commerce, 14th Street and Constitution Background Avenue, NW, Washington, DC 20230; History of the Orders On July 1, 1999, the Department telephone: (202) 482–6397 or (202) 482– Korea initiated sunset reviews of the 1560, respectively. antidumping duty orders on pipes from The Department published its final EFFECTIVE DATE: February 4, 2000. Korea and Taiwan (64 FR 35588), affirmative determination of sales at less pursuant to section 751(c) of the Act. Statute and Regulations than fair value (‘‘LTFV’’) with respect to We received Notices of Intent To imports of pipes from Korea on These reviews were conducted Participate, in each of the two sunset pursuant to sections 751(c) and 752 of November 12, 1992 (57 FR 53693). In this determination and subsequent reviews, on behalf of Avesta Sheffield the Act. The Department’s procedures Pipe Co., Damascus Tubular Division of for conducting sunset reviews are set antidumping duty order, the Department published two weighted- Damascus-Bishop Tube Co., Davis Pipe forth in Procedures for Conducting Five- Inc., and the United Steel Workers of year (‘‘Sunset’’) Reviews of average dumping margins and an ‘‘all 1 America (AFL–CIO/CLC) (collectively Antidumping and Countervailing Duty others’’ rate. These margins were later amended by the Department pursuant to ‘‘domestic interested parties’’), by July Orders, 63 FR 13516 (March 20, 1998) 16, 1999, within the deadline specified (‘‘Sunset Regulations’’), and 19 CFR part a ruling by the Court of International Trade. 2 The Department has not in § 351.218(d)(1)(i) of the Sunset 351 (1999) in general. Guidance on Regulations. Pursuant to section methodological or analytical issues completed an administrative review of this order since its imposition; 3 771(9)(C) and (D) of the Act, the relevant to the Department’s conduct of domestic interested parties claimed sunset reviews is set forth in the however, there has been one changed- 4 interested-party status as U.S. Department’s Policy Bulletin 98:3 circumstance review. The order remains in effect for all Korean manufacturers and workers engaged in Policies Regarding the Conduct of Five- the production of domestic like year (‘‘Sunset’’) Reviews of manufacturers and exporters of the subject merchandise. products. Moreover, the domestic Antidumping and Countervailing Duty interested parties stated that they have Orders; Policy Bulletin, 63 FR 18871 Taiwan been involved in all segments of these (April 16, 1998) (‘‘Sunset Policy On November 12, 1992, the proceedings since their inception. The Bulletin’’). Department issued its final affirmative Department received complete Scope determination of sales at LTFV substantive responses from the domestic regarding pipes from Taiwan (Final The merchandise subject to these Determination of Sales at Less Than Fair 5 Chang Tieh Industry Co. Ltd. (‘‘Chang Tieh’’) reviews are certain welded austenitic Value: Certain Welded Stainless Steel currently Chang Mien was excluded from the stainless steel pipe that meets the Taiwanese antidumping duty order in light of the Pipes from Taiwan, 57 FR 53705 standards and specifications set forth by zero percent margin it received in the final (November 12, 1992). In this the American Society for Testing and determination of sales at LTFV. However, it was determination, the Department listed as one of the four respondent companies Materials (‘‘ASTM’’) for the welded originally investigated by the Department (57 FR form of chromium-nickel pipe 5370); see also Notice of Amended Final 1 See Antidumping Duty Order and Clarification; Determination and Antidumping Duty Order; designated ASTM A–312. The Certain Welded Stainless Steel Pipes from the Certain Welded Stainless Steel Pipes from Taiwan, Republic of Korea, 57 FR 62301 (December 30, merchandise covered by the scope of 59 FR 6619 (February 11, 1994) and Chang Tieh 1992) (clarifying HTSUS numbers). these orders also includes austenitic Industry Co. v. United States, 840 F.Supp. 141 (Ct. 2 See Avesta Sheffield, Inc. v. United States, 17 welded stainless steel pipes made Int’l Trade 1993) (regarding the Department’s error CIT 1212, 838 F.Supp. 608 (1993); see also Federal in imposing conditions upon Chang Tieh’s according to the standards of other Mogul Corp. and the Torrington Co. v. United exclusion from the antidumping duty order.) nations which are comparable to ASTM States, 17 CIT 1093, 834 F.Supp. 1391 (1993); and 6 Notice of Amended Final Determination, 59 FR A–312. Pipes are produced by forming Amended Final Determination and Antidumping Duty Order: Certain Welded Stainless Steel Pipe 6619. stainless steel flat-rolled products into a From Korea, 60 FR 10064 (February 23, 1995). 7 See Chang Tieh Industry Co. 840 F.Supp. at 141. tubular configuration and welding along 3 However, on December 28, 1999, the 8 See Welded Stainless Steel Pipes from Taiwan; the seam. Pipes are a commodity Department issued preliminary results of review in Final Results of Administrative Review, 64 FR product generally used as a conduit to this case. See Certain Welded ASTM A–312 33243 (June 22, 1999) (the first and second Stainless Steel Pipe from Korea: Preliminary Results administrative reviews were jointly published); 62 transmit liquids or gases. Major of Antidumping Duty Administrative Review, 64 FR FR 37543 (July 14, 1997); 63 FR 38382 (July 16, applications for pipes include, but are 72645 (December 28, 1999). 1998). not limited to, digester lines, blow lines, 4 See Certain Welded Stainless Steel Pipe From 9 See Certain Welded Stainless Steel Pipe From pharmaceutical lines, petrochemical Korea; Final Results of Changed-Circumstances Taiwan; Final Results of Changed-Circumstances stock lines, brewery process and Antidumping Duty Administrative Review, 63 FR Antidumping Duty Administrative Review, 63 FR 16979 (April 7, 1998) (determination that SeAH 34147 (June 23, 1998) (determination that Chang transport lines, general food processing Steel Corp. (‘‘SeAH’’) is the corporate successor to Mien Industries Co., Ltd (‘‘Chang Mien’’) is the lines, automotive paint lines, and paper Pusan Steel Pipe Co., Ltd. (‘‘Pusan’’)). corporate successor to Chang Tieh). VerDate 27 VerDate 27 Taiwan orders would lead to the continuation or Department report the ‘‘all others’’ rates The domestic interested parties argue recurrence of dumping. Based on this included in the original investigations. that the imposition of the antidumping analysis, the Department finds that the In the Sunset Policy Bulletin we duty order had a dramatic effect on existence of dumping margins at levels indicated that, consistent with the SAA subject import volumes from Taiwan. In above de minimis after the issuance of and the House Report, we may determine, in cases where declining (or addition, they note that post-order the orders is highly probative of the no) dumping margins are accompanied imports from Taiwan have, on average, likelihood of continuation or recurrence by steady or increasing imports, that a remained at 57 percent of the 1991 of dumping. A deposit rate above de more recently calculated rate reflects level. Even in 1998, the domestic minimis continues in effect for exports that companies do not have to dump to interested parties add, when of the subject merchandise by all known maintain market share in the United consumption of stainless steel products Korean and Taiwanese manufacturers/ 14 States and, therefore, that dumping is was at an all time high, imports from exporters of the subject merchandise. less likely to continue or recur if the Taiwan were only 80 percent of 1991 Therefore, given that dumping has order was revoked. Alternatively, if a imports. In conclusion they state that a continued over the life of the orders, import volumes have declined company chooses to increase dumping comparison of the pre- and post-order in order to increase or maintain market import levels supports a reasonable significantly after the imposition of the order, 15 respondent parties have waived share, the Department may provide the inference that dumping would continue Commission with a more recently absent the disciplinary influence of the participation, and absent argument and 12 evidence to the contrary, the calculated margin for that company. The order. Sunset Policy Bulletin provides that we If companies continue dumping with Department determines that dumping is will entertain such considerations in the discipline of an order in place or likely to continue or recur if the orders were revoked. response to argument from an interested imports ceased after the issuance of the party. Further, we noted that, in order, the Department may reasonably Magnitude of the Margin determining whether a more recently infer that dumping would continue or In the Sunset Policy Bulletin, the calculated margin is probative of an recur if the discipline were removed exporter’s behavior absent the discipline (see section II.A.3 of the Sunset Policy Department stated that normally it will provide to the Commission the margin of an order, the Department normally Bulletin, the SAA at 890, and the House will consider the company’s relative Report at 63–64). Dumping margins that was determined in the final determination in the original market share, with such information to above de minimis continue to exist for be provided by the parties. It is clear, all producers and exporters of pipes investigation. Further, for companies not specifically investigated or for therefore, that in determining whether a from Korea and Taiwan, other than more recently calculated margin is Chang Mien, which was excluded from companies that did not begin shipping until after the order was issued, the probative of the behavior of exporters the order on Taiwan. were the order revoked, the Department Department normally will provide a Consistent with section 752(c) of the considers company-specific exports and margin based on the ‘‘all others’’ rate Act, the Department also considers the company-specific margins. from the investigation. See Sunset volume of imports before and after Additionally, although we expressed a Policy Bulletin, 63 FR at 18873. issuance of the order. As outlined in clear preference for market-share Exceptions to this policy include the each respective section above, the information, in past sunset reviews, use of a more recently calculated domestic interested parties argue that a where market-share information was not margin, where appropriate, and significant decline in the volume of available, we relied on changes in consideration of duty-absorption imports of the subject merchandise from import volumes between the periods determinations. See id, 63 FR at 18873– Korea and Taiwan since the imposition before and after the issuance of the of the orders provides further evidence 74. To date, the Department has not order. See, e.g., Final Results of that dumping would continue if the issued any duty-absorption findings in Expedited Sunset Review: Stainless orders were revoked. In their any of these cases. Steel Plate from Sweden, 63 FR 67658 substantive responses, the domestic In their substantive response, the (December 8, 1998), and Final Results of interested parties provided statistics domestic interested parties Expedited Sunset Reviews: Certain Iron demonstrating the decline in import recommended that, consistent with the Construction Castings From Brazil, volumes of pipes from Korea and Sunset Policy Bulletin, the Department Canada, and the People’s Republic of Taiwan immediately following the provide to the Commission the China, 64 FR 30310 (June 7, 1999). issuance of the orders. The Department company-specific margins from the In sunset reviews, although we make agrees with the domestic interested original investigation, except that the likelihood determinations on an order- parties’ arguments that imports of the Department should use the 31.90 wide basis, we report company-specific subject merchandise fell after the orders percent margin assigned to Ta Chen margins to the Commission. Therefore, were imposed and never regained pre- Stainless Pipe Co., Ltd. (‘‘Ta Chen’’) in it is appropriate that our determinations order volumes.13 the first two annual administrative regarding the magnitude of the margin As noted above, in conducting its reviews, not the 3.27 percent found in likely to prevail be based on company- sunset reviews, the Department the original investigation. Moreover, specific information. Generic arguments considered the weighted-average regarding companies not reviewed in that margins decreased over the life of dumping margins and volume of the original investigations, the domestic the order while, at the same time, imports in determining whether interested parties suggested that the exporters’ share of the U.S. market revocation of these antidumping duty remained constant do not address the 14 With the exception of Chang Tieh, now Chang question of whether any particular 12 See August 2, 1999, Substantive Response of Mien, which was excluded from the Taiwanese company decreased its margin of the Domestic Interested Parties regarding pipes order. dumping while at the same time from Taiwan at 15. 15 Based on import data from the U.S. Department 13 With the exception of Korean imports of the of Commerce, the U.S. Treasury, the International maintaining or increasing market share. subject merchandise in 1998, which increased to Trade Commission, and the domestic interested In fact, such generic argument may 116 percent of 1991 pre-order level as noted above. parties. disguise company-specific behavior VerDate 27 VerDate 27 CIT approved the settlement agreement iron-metal castings from India for the Creswell. On December 10, 1999, the and dismissed the lawsuit. See Southern period 1987 (56 FR 41658). Pursuant to CIT approved the settlement agreement Star, Inc., v. United States, Slip Op. 99– a settlement agreement, the Department and dismissed the lawsuit. See Super 130, Consol. Ct. No. 91–01–00060 (CIT has recalculated the countervailing duty Castings, v. United States, Slip Op. 99– December 10, 1999). rates. The final countervailing duty rates 131, Consol. Ct. No. 91–09–00659 (CIT for this review period are listed below December 10, 1999). Final Results of Review in the Final Results of Review section of Pursuant to the settlement agreement, this notice. Final Results of Review we recalculated the company-specific EFFECTIVE DATE: February 4, 2000. Pursuant to the settlement agreement, and all-other subsidy rates for the FOR FURTHER INFORMATION CONTACT: we recalculated the company-specific period January 1, 1986, through Robert Copyak, Office 6, Group II, and all-other subsidy rates for the December 31, 1986. The amended final Import Administration, International period January 1, 1987, through countervailing duty rates are: Trade Administration, U.S. Department December 31, 1987. The amended final of Commerce, 14th Street and countervailing duty rates are: Revised Constitution Avenue, NW Washington, Manufacturer/exporter rates (per- Revised cent) DC 20230; telephone: (202) 482–2786. Manufacturer/exporter rates (%) SUPPLEMENTARY INFORMATION: On August Crescent Foundry Co. Pvt. Ltd. .. 9.07 22, 1991, the Department published the Crescent Foundry Co. Pvt. Ltd. .. 8.25 Kejriwal Iron & Steel Works ...... 23.75 final results of its administrative review Kejriwal Iron & Steel Works ...... 7.18 Govind Steel ...... 128.60 of the countervailing duty order on RSI India Pvt. Ltd...... 9.42 Uma Iron & Steel Co./Commex Uma Iron & Steel Co...... 7.56 Corp...... 30.24 certain iron-metal castings from India for the period January 1, 1987 through Super Castings (India) ...... 37.96 All Others ...... 16.66 Select Steel ...... 37.17 December 31, 1987. See Final Results of Commex ...... 24.39 The Department will instruct the U.S. Countervailing Duty Administrative All Others ...... 18.62 Customs Service (Customs) to assess Review: Certain Iron-Metal Castings countervailing duties on all appropriate from India, 56 FR 41658. Subsequently, The Department will instruct the U.S. entries. The Department will issue respondents challenged the final results Customs Service (Customs) to assess liquidation instructions directly to before the Court of International Trade countervailing duties on all appropriate Customs. The above rates will not affect (CIT). The primary issue involved the entries. The Department will issue the cash deposit requirements currently calculation of the program rates for the liquidation instructions directly to in effect. subsidies provided under India’s Customs. The above rates will not affect This amendment to the final results of International Price Reimbursement the cash deposit requirements currently countervailing duty administrative Scheme (IPRS). The IPRS is a program in effect. review notice is in accordance with through which the Government of India This amendment to the final results of section 751(a)(1) of the Tariff Act, as (GOI) provided rebates to castings countervailing duty administrative amended (19 U.S.C. 1675(a)(1)), 19 CFR exporters that purchased domestically- review notice is in accordance with 351.213, and 19 CFR 351.221(b)(5). produced pig iron at prices set by the section 751(a)(1) of the Tariff Act, as Dated: January 24, 2000. GOI. According to the GOI, these rebates amended (19 U.S.C. 1675(a)(1)), 19 CFR were calculated to equal the differences Robert S. LaRussa, 351.213, and 19 CFR 351.221(b)(5). between the higher domestic prices Dated: January 24, 2000. Assistant Secretary for Import actually paid and the lower alternative Administration. prices available from sources outside of Robert S. LaRussa, [FR Doc. 00–2578 Filed 2–3–00; 8:45 am] India. Assistant Secretary for Import BILLING CODE 3510±DS±P As the IPRS was also the subject of Administration. litigation for the review period 1985 in [FR Doc. 00–2579 Filed 2–3–00; 8:45 am] Creswell v. United States, Consolidated BILLING CODE 3510±DS±P DEPARTMENT OF COMMERCE Court No. 91–01–00012 (Creswell), International Trade Administration litigation for the review period 1987 was stayed pending finalization of Creswell. DEPARTMENT OF COMMERCE [C±533±063] After the CIT affirmed the Department’s International Trade Administration remand determination for the 1985 Certain Iron-Metal Castings From administrative review (see Creswell, slip Export Trade Certificate of Review India: Amended Final Results of op. 98–139 (CIT Sept. 29, 1998)), the Countervailing Duty Administrative Department published a notice of ACTION: Notice of issuance of an Review Pursuant to Settlement amended final results in accordance amended export trade certificate of AGENCY: Import Administration, with that opinion. See Certain Iron- review, application No. 90–7A007. International Trade Administration, metal Castings from India: Amended Department of Commerce. Final Results of Countervailing Duty SUMMARY: The Department of Commerce has issued an amended Export Trade ACTION: Notice of amendment to final Administrative Review In Accordance Certificate of Review to The United results of countervailing duty With Decision Upon Remand, 63 FR States Surimi Commission (‘‘USSC’’) on administrative review. 67858 (December 9, 1998). In lieu of pursuing further litigation with respect January 28, 2000. Notice of issuance of SUMMARY: On August 22, 1991, the to the administrative review of the the original Certificate was published in Department of Commerce (‘‘the review period 1987, the parties have the Federal Register on August 30, 1990 Department’’) published in the Federal entered into a settlement agreement. (55 FR 35445). Register its final results of The parties agreed to countervailing FOR FURTHER INFORMATION CONTACT: administrative review of the duty rates that were calculated based on Morton Schnabel, Director, Office of countervailing duty order on certain the methodology approved by the CIT in Export Trading Company Affairs, VerDate 27 International Trade Administration, DEPARTMENT OF COMMERCE Company (Didion International, Inc.); (202) 482–5131. This is not a toll-free and number. International Trade Administration 3. Delete the following companies as ‘‘Members’’ of the Certificate within the SUPPLEMENTARY INFORMATION: Title III of Export Trade Certificate of Review meaning of section 325.2 (1) of the the Export TradingCompany Act of 1982 Regulations (15 CFR 325.2 (1)): Georg ACTION: Notice of Issuance of an Export (15 U.S.C. 4001–21) authorizes the Trade Certificate of Review, Application Fischer Disa, Inc., Holly, MI; Hickman, Secretary of Commerce to issue Export No. 88–5A013. Williams & Company, Livonia, MI; Trade Certificates of Review. The Borden Chemical Company, Louisville, regulations implementing Title III are SUMMARY: The Department of Commerce KY; Delta Resins & Refractories, found at 15 CFR part 325 (1998). has issued an amended Export Trade Milwaukee, WI; Vulcan Engineering, The Office of Export Trading Certificate of Review (‘‘Certificate’’) to Helena, AL and Company Affairs (‘‘OETCA’’) is issuing the Construction Industry Suppliers 4. Add the following companies as this notice pursuant to 15 CFR 325.6(b), Association of America International new ‘‘Members’’ of the Certificate within the meaning of § 325.2 (1) of the which requires the Department of (‘‘CISAI’’) on January 13, 2000. Notice of regulations (15 CFR 325.2 (1)): ABB Commerce to publish a summary of a issuance of the original Certificate was published in the Federal Register on Industrial System Inc, Columbus, Ohio, Certificate in the Federal Register. October 26, 1988 (53 FR 43253). for the activities of its division ABB Under Section 305(a) of the Act and 15 FOR FURTHER INFORMATION CONTACT: Metallurgy, New Brunswick, NJ; CSI CFR 325.11(a), any person aggrieved by Morton Schnabel, Director, Office of Industrial Systems Corporation, the Secretary’s determination may, Export Trading Company Affairs, Grayling, MI; Fairmount Minerals, Ltd., within 30 days of the date of this notice, International Trade Administration, Chardon, OH; and Hamilton Technical bring an action in any appropriate 202–482–5131. This is not a toll-free Ceramics, Paris, ON Canada. district court of the United States to set number. A copy of the amended certificate will aside the determination on the ground be kept in the International Trade SUPPLEMENTARY INFORMATION: that the determination is erroneous. Title III of Administration’s Freedom of the Export Trading Company Act of Information Records Inspection Facility Description of Amended Certificate 1982 (15 U.S.C. 4001–21) authorizes the Room 4102, U.S. Department of Secretary of Commerce to issue Export Export Trade Certificate of Review Commerce, l4th Street and Constitution Trade Certificates of Review. The Avenue, NW, Washington, DC 20230. No. 90–7A007, was issued to The regulations implementing Title III are United States Surimi Commission found at 15 CFR part 325 (1997). Dated: January 13, 2000. (‘‘USSC’’) on August 22, 1990 (55 FR The Office of Export Trading Morton Schnabel, 35445, August 30, 1990), and lastly Company Affairs (‘‘OETCA’’) is issuing Director, Office of Export Trading Company amended on August 3, 1995 (60 FR this notice pursuant to 15 CFR 325.6(b), Affairs. 41879, August 14, 1995). which requires the Department of [FR Doc. 00–2569 Filed 2–3–00; 8:45 am] USSC’s Export Trade Certificate of Commerce to publish a summary of a BILLING CODE 3510±DR±P Review has been amended to: Certificate in the Federal Register. Under section 305 (a) of the Act and 15 1. Add the following companies as CFR 325.11(a), any person aggrieved by DEPARTMENT OF COMMERCE new ‘‘Members’’ of the Certificate the Secretary’s determination may, within the meaning of § 325.2(1) of the within 30 days of the date of this notice, National Oceanic and Atmospheric Regulations (15 CFR 325.2(1)): Highland bring an action in any appropriate Administration Light Seafoods, LLC, Seattle, WA district court of the United States to set [I.D. 020100B] (Controlling Entity: Highland Light, Inc., aside the determination on the ground Seattle, WA) and The Starbound that the determination is erroneous. Fishing Vessel Declaration For Limited Partnership, Seattle, WA Description of Amended Certificate Western Gulf of Maine Restricted (Controlling Entity: Aleutian Spray Fishery Program; Proposed Fisheries, Inc., Seattle, WA). Casting Industry Suppliers of America Information Collection; Comment International’s original Certificate was A copy of the amended certificate will Request issued on October 13, 1988 (53 FR be kept in the International Trade 43253, October 26, 1988), and AGENCY: National Marine Fisheries Administration’s Freedom of previously amended on March 2, 1990 Service (NMFS), National Oceanic and Information Records Inspection Facility, (55 FR 23123, June 6, 1990), December Atmospheric Administration (NOAA), Room 4102, U.S. Department of 16, 1991 (57 FR 883, January 9, 1992) Commerce. Commerce, 14th Street and Constitution and on October 9, 1997 (62 FR 54832, ACTION: Proposed collection; comment Avenue, NW., Washington, DC 20230. October 22, 1997). Casting Industry request. Dated: January 28, 2000. Suppliers of America International’s Morton Schnabel, Certificate has been amended to: SUMMARY: The Department of 1. Change the listing of the Certificate Commerce, as part of its continuing Director, Office of Export Trading Company holder cited in this paragraph to the effort to reduce paperwork and Affairs. new listing cited in this paragraph in respondent burden, invites the general [FR Doc. 00–2568 Filed 2–3–00; 8:45 am] parenthesis as follows: CISA Export public and other Federal agencies to BILLING CODE 3510±DR±P Trade Group, Inc. (Casting Industry take this opportunity to comment on Suppliers of America International); and proposed and/or continuing information 2. Change the listing of the ‘‘Member’’ collections, as required by the cited in this paragraph to the new listing Paperwork Reduction Act of 1995, cited in this paragraph in parenthesis as Public Law 104–13 (44 U.S.C. follows: Didion Manufacturing 3506(c)(2)(A)). VerDate 27 DATES: Written comments must be a multispecies party/charter Federal Dated: January 28, 2000. submitted on or before April 4, 2000. permit, or operating a vessel as a party/ Linda Engelmeier, ADDRESSES: Direct all written comments charter vessel and fishing for Departmental Forms Clearance Officer, Office to Linda Engelmeier, Departmental multispecies, to obtain an exemption of Chief Information Officer. Forms Clearance Officer, Department of certificate to be allowed access to fish in [FR Doc. 00–2575 Filed 2–3–00; 8:45 am] Commerce, Room 5027, 14th and GOM closed areas. This exemption BILLING CODE 3510±22±F Constitution Avenue NW, Washington certificate would allow access to GOM DC 20230 (or via Internet at closed areas but would prohibit the [email protected]). vessel owner from utilizing multispecies DEPARTMENT OF COMMERCE days-at-sea while carrying passengers FOR FURTHER INFORMATION CONTACT: for hire on-board the vessel for the National Oceanic and Atmospheric Requests for additional information or duration of the exemption certificate. Administration copies of the information collection Three potential duration periods have instrument(s) and instructions should [I.D. 020100A] been proposed for the certificate, three be directed to Richard A. Pearson, One months, six months and 12 months. Marine Mammal Stranding Report; Blackburn Drive, Gloucester, MA 01930, Proposed Information Collection; II. Method of Collection 978–281–9279. Comment Request SUPPLEMENTARY INFORMATION: Vessel owners electing to enroll into AGENCY: National Marine Fisheries the WGOM Restricted Fishery Program I. Abstract Service (NMFS), National Oceanic and would be required to complete an The New England Fishery Atmospheric Administration (NOAA), application form. Vessel owners would Management Council (NEFMC) is Commerce. apply for the Multispecies Party/Charter currently considering management GOM Closed Area Exemption Certificate ACTION: Proposed collection; comment alternatives for the Gulf of Maine (GOM) by making a phone call. request. multispecies fishery for inclusion in Framework Adjustment 33 to the III. Data SUMMARY: The Department of Northeast Multispecies Fishery Commerce, as part of its continuing OMB Number: None. Management Plan (FMP). Two of the effort to reduce paperwork and potential management measures have Form Number: None. respondent burden, invites the general collection-of-information requirements Type of Review: Regular submission. public and other Federal agencies to associated with them. Affected Public: Business or other for- take this opportunity to comment on These are the Western Gulf of Maine profit. proposed and/or continuing information (WGOM) Restricted Fishery Program Estimated Number of Respondents: collections, as required by the and the Multispecies Party/Charter 1,003. Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. Closed Area Exemption Certificate. Estimated Time Per Response: 5 3506(c)(2)(A)). These are described here. minutes for the Western GOM Restricted Western GOM Restricted Fishery Fishery Program and 2 minutes for the DATES: Written comments must be Program. Multispecies Party/Charter GOM Closed submitted on or before April 4, 2000. Area Exemption Certificate. ADDRESSES: Direct all written comments One of the management measures Estimated Total Annual Burden to Linda Engelmeier, Departmental proposes to establish a new declaration Hours: 57. Forms Clearance Officer, Department of that would allow vessel owners to Commerce, Room 5027, 14th and annually enroll into a program entitled Estimated Total Annual Cost to Public: $438. Constitution Avenue NW, Washington the Western Gulf of Maine (WGOM) DC 20230 (or via Internet at Restricted Fishery Program. Vessels IV. Request for Comments [email protected]). enrolled in this program would be allowed access to the area referred to as Comments are invited on: (a) Whether FOR FURTHER INFORMATION CONTACT: the WGOM Restricted Fishery Area, but the proposed collection of information Requests for additional information or would be limited to 25 Days-At-Sea or is necessary for the proper performance copies of the information collection 25 trips, whichever is less, during the of the functions of the agency, including instrument(s) and instructions should months of February, March, April and whether the information shall have be directed to Nicole R. Le Boeuf, Office May in any fishing year. Vessels not practical utility; (b) the accuracy of the of Protected Resources, F/PR2, National enrolled in the WGOM Restricted agency’s estimate of the burden Marine Fisheries Service, 1315 East- Fishery Program category would be (including hours and cost) of the West Highway, Silver Spring, MD prohibited from fishing in the WGOM proposed collection of information; (c) 20910. restricted fishery area during these ways to enhance the quality, utility, and SUPPLEMENTARY INFORMATION: months. clarity of the information to be The WGOM restricted fishery area has collected; and (d) ways to minimize the I. Abstract preliminarily been described as an area burden of the collection of information Section 402(b) of the Marine Mammal extending from 43°50’ N. Lat. and the on respondents, including through the Protection Act (MMPA) requires that Maine coast to 43°50’ N. Lat., 70°00’ W. use of automated collection techniques information on marine mammal Long. to 43°00’ N. Lat., 70°15’ W. Long. or other forms of information strandings be collected. The Marine to 42°00’ N. Lat., 70°15’ W. Long. to technology. Mammal Stranding Reports provide 42°00’ and the Massachusetts coast. Comments submitted in response to baseline information on marine this notice will be summarized and /or mammal mortalities, human Multispecies Party/Charter GOM Closed included in the request for OMB interactions with marine mammals, and Area Exemption Certificate approval of this information collection; marine mammal population dynamics. This proposed management measure they also will become a matter of public NMFS uses the information to fulfill would require vessel owners possessing record. management responsibilities under the VerDate 27 MMPA. The Marine Mammal Stranding II. Method of Collection ACTION: Notice of public meeting. Reports are submitted by members of Stranding Network members submit the marine mammal stranding basic biological data contained on the SUMMARY: The Pacific Fishery network—the vast majority of whom are reporting forms to NMFS Regional Management Council (Council) will volunteers who have been authorized by Offices for compilation and analysis. hold a meeting to discuss stock NMFS to respond to strandings. assessment plans for 2000. The meeting There are three marine mammal III. Data will be open to the public. stranding data forms proposed for use. OMB Number: 0648–0178. All the forms are intended to accurately Form Number: NOAA Forms 89–864, DATES: The meeting will be held characterize marine mammal strandings 89–870, and 89–869. February 28–February 29, 2000. The data. The new Marine Mammal Human Type of Review: Regular submission. meeting will begin on Monday, Interaction and Marine Mammal Affected Public: Individuals, not-for- February 28, 2000 at 10:00 a.m., and Disposition Reports are designed to profit institutions, business or other for- reconvene February 29, 2000 at 8:00 supplement the existing main form, the profit, Federal government, and state a.m.; the meeting will run as late as Marine Mammal Stranding Report. and local government necessary each day to complete The Marine Mammal Stranding Estimated Number of Respondents: scheduled business. Report was designed to provide a basic 400 ADDRESSES: The meeting will be held at record of a marine mammal stranding Estimated Time Per Response: 20 the Pacific States Marine Fisheries event. The proposed Marine Mammal minutes Stranding Report contains minor Estimated Total Annual Burden Commission, 45 SE 82nd Drive, Suite modifications of the form currently in Hours: 2,240 100, Gladstone, OR 97027–2522. use by the stranding networks. The Estimated Total Annual Cost to Council address: Pacific Fishery modifications were made to increase Public: $2,200 Management Council, 2130 SW Fifth Avenue, Suite 224, Portland, OR 97201. consistency with data collected and IV. Request for Comments currently used databases, to clarify FOR FURTHER INFORMATION CONTACT: Dan meanings of data fields, and to improve Comments are invited on: (a) Whether Waldeck, Fishery Management Analyst; the overall readability and appearance the proposed collection of information telephone: (503) 326–6352. of the form. is necessary for the proper performance The Marine Mammal Human of the functions of the agency, including SUPPLEMENTARY INFORMATION: The Interaction Report is designed to whether the information shall have purpose of the meeting is to plan the provide stranding responders with a practical utility; (b) the accuracy of the stock assessment process for groundfish tool to objectively examine and collect agency’s estimate of the burden species in 2000. The meeting will data on marine mammal strandings (including hours and cost) of the consider revisions to the terms of specific to signs of human interaction. proposed collection of information; (c) reference used for 1999 stock The Report is intended to prompt the ways to enhance the quality, utility, and assessments, revise the goals and examiner to collect data that will lead clarity of the information to be objectives for the annual stock to a human interaction determination of collected; and (d) ways to minimize the assessment cycle, develop a calendar for ‘‘yes’’, ‘‘no’’, or ‘‘could not be burden of the collection of information 2000 stock assessment activities, determined’’. The determination is on respondents, including through the confirm the list of species to be assessed recorded on the Marine Mammal use of automated collection techniques in 2000, designate the resources and Stranding Report, but the detailed or other forms of information personnel for the assessments and the information supporting this technology. reviews, and discuss ways of improving determination is provided on the Comments submitted in response to coordination of the process. The Marine Mammal Human Interaction this notice will be summarized and /or meeting will also consider developing Report. The data collected on this form included in the request for OMB draft terms of reference for the process will help managers determine the approval of this information collection; to rebuild overfished stocks. frequency and type of human they also will become a matter of public interactions that occur with marine record. Although non-emergency issues not contained in this notice may be mammals. Dated: January 28, 2000. The Marine Mammal Disposition discussed at the meeting, those issues Linda Engelmeier, Report is designed to provide will not be the subject of formal action information regarding the treatment and Departmental Forms Clearance Officer, Office during this meeting. Actions will be of Chief Information Officer. disposition of a live marine mammal restricted to those issues specifically after initial examination and/or [FR Doc. 00–2576 Filed 2–3–00; 8:45 am] identified in this notice and any issues rehabilitation. Stranding network BILLING CODE 3510±22±F arising after publication of this notice participants submit the Marine Mammal that require emergency action under section 305(c) of the Magnuson-Stevens Stranding Report on a timely basis, but DEPARTMENT OF COMMERCE a live stranded animal may require Fishery Conservation and Management Act, provided the public has been longer care and/or may be deemed non- National Oceanic and Atmospheric notified of the intent to take final action releasable and may be permanently Administration retained in a captive display facility. to address the emergency. [I.D. 012800I] The Marine Mammal Disposition Report Special Accommodations allows the stranding network to provide Pacific Fishery Management Council; follow-up information on the care, Public Meeting The meeting is physically accessible release, tagging, and specimen to people with disabilities. Requests for collection of live stranded marine AGENCY: National Marine Fisheries sign language interpretation or other mammals. This information will help Service (NMFS), National Oceanic and auxiliary aids should be directed to Mr. managers track the final disposition of Atmospheric Administration (NOAA), John Rhoton at (503) 326–6352 at least marine mammals that strand alive. Commerce. 5 days prior to the meeting date. VerDate 27 Dated: January 28, 2000. While we understand the effects of for projects affecting the appearance of Bruce C. Morehead, automation on our economy and the Washington, D.C., including buildings Acting Director, Office of Sustainable existing modernization process, we and parks. Fisheries, National Marine Fisheries Service. continue to recognize that weather Inquiries regarding the agenda and [FR Doc. 00–2574 Filed 2–3–00; 8:45 am] services available on a person to person requests to submit written or oral BILLING CODE 3510±22±F basis is becoming obsolete. statements should be addressed to Our Department supports your effort Charles H. Atherton, Secretary, to commission and certify an Commission of Fine Arts, at the above DEPARTMENT OF COMMERCE Automated Surface Observing System address or call 202–504–2200. (ASOS) at Concord. Thank you for the Individuals requiring sign language National Oceanic and Atmospheric opportunity to respond.’’ interpretation for the hearing impaired Administration (NOAA) NWS Response: Mr. John Jensenius, should contact the Secretary at least 10 [Docket No. 000131021±0021±01] Liaison Officer for WS Concord, spoke days before the meeting date. with Mr. Ferns to assure him of the Dated in Washington, D.C. January 28, National Weather Service (NWS) NWS commitment to provide continued 2000. Modernization and Associated support to the Concord area. Mr. Ferns Charles H. Atherton, Restructuring; Final Certification of No said he is disappointed he will no Secretary. Degradation of Service for the longer be able to walk to the Concord [FR Doc. 00–2510 Filed 2–3–00; 8:45 am] office and discuss the weather with Combined Consolidation and/or BILLING CODE 6330±01±M Automation and Closure of Eight NWS personnel. Mr. Jensenius told him Weather Service Offices (WSO) he could call the Portland forecast office, located in Gray, Maine, anytime CONSUMER PRODUCT SAFETY AGENCY: NWS, NOAA, Commerce. for a weather briefing and offered to COMMISSION ACTION: Notice. provide Mr. Ferns with a tour of the Portland office. Mr. Ferns stated he SUMMARY: On January 28, 2000, the Submission for OMB Review; would try to work a tour into his Under Secretary of Commerce for Comment RequestÐSafety schedule. Oceans and Atmosphere transmitted to At its June 25, 1999, meeting, the Standard for Cigarette Lighters Congress notice of Consolidation and/or Modernization Transition Committee Automation and Closure certification (MTC) endorsed these certifications as AGENCY: Consumer Product Safety approval for WSOs Hartford, not resulting in a degradation of service. Commission. Connecticut; Kahului, Hawaii; Portland, After consideration of the public ACTION: Notice. Maine; Boston and Worcester, comment received and the MTC Massachusetts; Concord, New SUMMARY: In the Federal Register of endorsements, the Under Secretary of Hampshire; Providence, Rhode Island; November 24, 1999 (64 FR 66171), the Commerce for Oceans and Atmosphere and Beckley, West Virginia. Pub. L. Consumer Product Safety Commission approved these eight combined 102–567 requires the final certifications published a notice in accordance with consolidation and/or automation and be published in the FR. This notice is provisions of the Paperwork Reduction closure certifications and transmitted intended to satisfy that requirement. Act of 1995 (44 U.S.C. Chapter 35) to notice of approval to Congress on EFFECTIVE DATE: February 4, 2000. announce the agency’s intention to seek January 28, 2000. Certification approval extension of approval of the collection ADDRESSES: Requests for copies of the authority was delegated from the of information required in the Safety final certification packages should be Secretary of Commerce to the Under Standard for Cigarette Lighters (16 CFR sent to Tom Beaver, Room 11426, 1325 Secretary in June 1996. The NWS is now Part 1210). No comments from members East-West Highway, Silver Spring, MD completing the certification of the public were received in response 20910–3283. requirements of Pub. L. 102–567 by to the Federal Register notice. By FOR FURTHER INFORMATION CONTACT: Tom publishing the final consolidation and/ publication of this notice, the Beaver at 301–713–0300 ext. 136. or automation and closure certification Commission announces that it has SUPPLEMENTARY INFORMATION: These notice in the FR. submitted to the Office of Management eight certifications were proposed in the Dated: February 1, 2000. and Budget (OMB) a request for March 26, 1999, FR for public comment. John E. Jones, Jr., extension of approval of that collection The 60-day public comment period Deputy Assistant Administrator for Weather of information without change for three closed on May 26, 1999. One public Services. years from the date of approval. comment was received from Mr. Jack W. [FR Doc. 00–2572 Filed 2–3–00; 8:45 am] The Safety Standard for Cigarette Ferns, Director, State of New Hampshire BILLING CODE 3510±DS±P Lighters requires disposable and novelty Department of Transportation, lighters to be manufactured with a pertaining to WSO Concord. The mechanism to resist operation by comment and the NWS response is set children younger than five years of age. COMMISSION OF FINE ARTS forth here for reference. Certification regulations implementing Comment on Concord: Mr. Ferns Notice of Meeting the standard require manufacturers and wrote, ‘‘A number of years ago our office importers to submit to the Commission opposed the consolidation of Flight The next meeting of the Commission a description of each model of lighter, Service Stations (FSS) and specifically of Fine Arts is scheduled for 17 results of prototype qualification tests the closure of the FSS at Concord. We February 2000 at 10:00 AM in the for compliance with the standard, and a felt strongly, at the time, that loosing Commission’s offices at the National physical specimen of the lighter before [sic] the FSS would compromise Building Museum (Pension Building), the introduction of each model of lighter aviation safety. Now with the proposed Suite 312, Judiciary Square, 441 F in commerce. closure of the NWS we feel that Concord Street, N.W., Washington, D.C. 20001. The Commission uses the records of has been dealt a second blow. Items of discussion will include designs testing and other information required VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 VerDate 27 [FR Doc. 00–2440 Filed 2–3–00; 8:45 am] ADDRESSES: Grants Solicitations Dated: November 22, 1999. BILLING CODE 5001±10±C (application and guidelines) will be L.M. Bynum, available and may be downloaded from Alternate OSD Federal Register Liaison the NSEP home page (http:// Officer, Department of Defense. DEPARTMENT OF DEFENSE www.ndu.edu/nsep) beginning Friday, [FR Doc. 00–2442 Filed 2–3–00; 8:45 am] February 4, 2000. As alternate methods, BILLING CODE 5001±10±M Office of the Secretary you may obtain copies of the solicitation Seventh Annual National Security package by: writing to NSEP, DEPARTMENT OF DEFENSE Education Program (NSEP) Institutional Grants, Rossyln P.O. Box Institutional Grants Competition 20010, 1101 Wilson Blvd., Suite 1210, Corps of Engineers, Department of the Arlington, VA 22209–2248; by facsimile Army AGENCY: Department of Defense, request [email protected] National Security Education Program Intent To Prepare a Draft (NSEP). FOR FURTHER INFORMATION CONTACT: Carol Anne Spreen, Institutional grants Environmental Impact Statement (DEIS) for the Eastern Arkansas ACTION: Notice. Director, National Security Education Region Comprehensive Study, Bayou Program, 1101 Wilson Boulevard, Suite SUMMARY: Meto Basin, AR, General Reevaluation The NSEP announces the 1210, Arlington, VA 22209–2248; (703) opening of its Seventh Annual 696–1991; Electronic mail address: Competition for Grants to U.S. AGENCY: U.S. Army Corps of Engineers, [email protected] Institutions of Higher Education. Department of Defense DATES: The 2000 NSEP Grants ACTION: Notice of intent. Competition begins on Friday, February 4, 2000. [Preliminary Proposals are due SUMMARY: The purpose of this general Monday, April 10, 2000. reevaluation is to develop a plan that VerDate 27 VerDate 27 VerDate 27 —NIF Task Force DEPARTMENT OF ENERGY taken, but will not serve to make 1:30 pm–2:45 pm—Update on DOE protestants parties to the proceedings. Activities: Federal Energy Regulatory Any person wishing to become a party —National Nuclear Security Commission must file a motion to intervene. Copies Administration [Docket No. RP00±167±000] of this filing are on file with the —Energy Efficiency Commission and are available for public 2:45 pm–3:00 pm—Public Comment Period Florida Gas Transmission Company; inspection in the Public Reference 3:00 pm–Closing Remarks & Adjourn Notice of Proposed Changes in FERC Room. This filing may be viewed on the This tentative agenda may change. We will Gas Tariff web at http://www.ferc.fed.us/online/ have a final agenda available at the meeting. rims.htm (call 202–208–2222 for January 31, 2000. assistance). Public Participation Take notice that on January 27, 2000, David P. Boergers, Florida Gas Transmission Company The Chairman of the Secretary of Secretary. Energy Advisory Board is empowered to (FGT) tendered for filing to become part of its FERC Gas Tariff, Third Revised [FR Doc. 00–2459 Filed 2–3–00; 8:45 am] conduct the meeting in a way that will, BILLING CODE 6717±01±M in the Chairman’s judgment, facilitate Volume No. 1, effective February 1, 2000, the following tariff sheets: the orderly conduct of business. During its meeting in North Las Vegas, Nevada, Thirty-Seventh Revised Sheet No. 8A DEPARTMENT OF ENERGY the Board welcomes public comment. Twenty-Eighth Revised Sheet No. 8A.01 Twenty-Ninth Revised Sheet No. 8A.02 Members of the public will be heard in Federal Energy Regulatory Thirty-Third Revised Sheet No. 8B Commission the order in which they sign up at the Twenty-Sixth Revised Sheet No. 8B.01 beginning of the meeting. The Board [Docket No. RP97±431±000] will make every effort to hear the views FGT states that in Docket No. TM00– 1–34–000 filed on August 27, 1999, FGT of all interested parties. You may submit Natural Gas Pipeline Company of filed to establish a Base Fuel written comments to Betsy Mullins, America; Notice of Rescheduling of Reimbursement Charge Percentage (Base Executive Director, Secretary of Energy Conference FRCP) of 2.75% to become effective for Advisory Board, AB–1, US Department the six-month Winter Period beginning January 31, 2000. of Energy, 1000 Independence Avenue, October 1, 1999. In the instant filing, Take notice that due to closure of the SW, Washington, D.C. 20585. This FGT states that it is filing a flex Federal Government because of notice is being published less than 15 adjustment of 0.25% to be effective inclement weather, the conference in days before the date of the meeting due February 1, 2000, which, when the above-captioned proceeding to the programmatic issues that needed combined with the proposed Base FRCP originally scheduled for Tuesday, to be resolved prior to publication. of 2.75%, results in an Effective Fuel January 25, 2000, has been rescheduled for Thursday, February 10, 2000, Minutes Reimbursement Charge Percentage of 3.00%. beginning at 10:00 a.m., in Hearing We will make minutes and a FGT states that the tariff sheets listed Room No. 1, at the offices of the Federal transcript of the meeting available for above are being filed pursuant to Energy Regulatory Commission, 888 public review and copying Section 27.A.2.b of the General Terms First Street, NE., Washington, DC 20426. approximately 30 days following the and Conditions of FGT’s Tariff, which David P. Boergers, provides for flex adjustments to the Base meeting at the Freedom of Information Secretary. Public Reading Room, 1E–190 Forrestal FRCP. Pursuant to the terms of Section 27.A.2.b, a flex adjustment shall become [FR Doc. 00–2458 Filed 2–3–00; 8:45 am] Building, 1000 Independence Avenue, BILLING CODE 6717±01±M SW, Washington, D.C., between 9:00 am effective without prior FERC approval and 4:00 pm, Monday through Friday provided that such flex adjustment does not exceed 0.50%, is effective at the except Federal holidays. You can find DEPARTMENT OF ENERGY beginning of a month, is posted on more information on the Secretary of FGT’s EBB at least five working days Energy Advisory Board at the Board’s Federal Energy Regulatory prior to the nomination deadline, and is Commission web site, located at http:// filed no more than sixty and at least www.hr.doe.gov/seab seven days before the proposed effective [Docket No. EG00±84±000, et al.] Issued at Washington, D.C., on January 31, date. FGT states that the instant filing Panda Gila River, L.P., et al., Electric 2000. comports with these provisions and Rate and Corporate Regulation Filings Rachel M. Samuel, FGT has posted notice of the flex Deputy Advisory Committee Management adjustment prior to the instant filing. January 27, 2000. Officer. Any person desiring to be heard or to Take notice that the following filings [FR Doc. 00–2542 Filed 2–3–00; 8:45 am] protest said filing should file a motion have been made with the Commission: to intervene or a protest with the BILLING CODE 6450±01±P 1. Panda Gila River, L.P. Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC [Docket No. EG00–84–000] 20426, in accordance with Sections Take notice that on January 20, 2000, 385.214 or 385.211 of the Commission’s Panda Gila River, L.P. (Panda Gila Rules and Regulations. All such motions River), with its principal offices at 4100 or protests must be filed in accordance Spring Valley Road, Suite 1001, Dallas, with Section 154.210 of the Texas 75244, filed with the Federal Commission’s Regulations. Protests will Energy Regulatory Commission, an be considered by the Commission in application for determination of exempt determining the appropriate action to be wholesale generator status pursuant to VerDate 27 Section 32 of the Public Utility Holding Comment date: February 16, 2000, in Comment date: February 16, 2000, in Company Act of 1935, as amended, and accordance with Standard Paragraph E accordance with Standard Paragraph E Part 365 of the Commission’s at the end of this notice. at the end of this notice. regulations. 6. PEI Power Corp.; Ameren Services 10. Consolidated Edison Company of Panda Gila River is a Delaware Company; Arizona Public Service New York, Inc. limited partnership, which will Company; CH Resources, Inc.; Central [Docket No. ES00–16–000] construct, own and operate a 2000 MW and South West Services, Inc.; Maine natural gas-fired generating facility Public Service Company Take notice that on January 21, 2000, within the region governed by the Consolidated Edison Company of New Western System Coordinating Council [Docket No. ER00–1173–000; Docket No. York, Inc. filed an application under (WSCC) and sell electricity at wholesale. ER00–1179–000; Docket No. ER00–1180–000; Section 204 of the Federal Power Act Comment date: February 17, 2000, in Docket No. ER00–1181–000; Docket No. seeking authorization to issue ER00–1189–000; Docket No. ER00–1190–000] accordance with Standard Paragraph E unsecured short-term debt until at the end of this notice. The Take notice that on January 20, 2000, December 31, 2001, in an amount not to Commission will limit its consideration the above-mentioned affiliated power exceed $800 million at any one time. of comments to those that concern the producers and/or public utilities filed Comment date: February 10, 2000, in adequacy or accuracy of the application. their quarterly reports for the quarter accordance with Standard Paragraph E ending December 31, 1999. at the end of this notice. 2. e prime, inc.; IEP Power Marketing, Comment date: February 16, 2000, in LLC; CNG Retail Services Corporation; accordance with Standard Paragraph E 11. Santa Rosa Energy LLC J. Anthony & Associates Ltd.; Energetix, at the end of this notice. [Docket No. QF97–138–001] Inc.; Environmental Resources Trust, 7. Puget Sound Energy, Inc. Take notice that on January 21, 2000, Inc.; Burlington Resources Trading Inc. [Docket No. ER00–1182–000] Santa Rosa Energy LLC, located at Edens [Docket No. ER95–1269–015; Docket No. Corporate Center, 650 Dundee Road, Take notice that on January 20, 2000, ER95–802–019; Docket No. ER97–1845–011; Suite 350, Northbrook, IL 60062, filed Puget Sound Energy, Inc. (PSE), as Docket No. ER95–784–017; Docket No. ER97– with the Federal Energy Regulatory Transmission Provider, tendered for 3556–010; Docket No. ER98–3233–006; Commission (Commission) an Docket No. ER96–3112–013] filing a Service Agreement for Firm application for certification of a Point-To-Point Transmission Service Take notice that on January 19, 2000, qualifying cogeneration facility (facility) (Firm Point-To-Point Service the above-mentioned power marketers pursuant to 292.207(b) of the Agreement) and a Service Agreement for filed quarterly reports with the Commission’s regulations. No Non-Firm Point-To-Point Transmission Commission in the above-mentioned determination has been made that the Service (Non-Firm Point-To-Point proceedings for information only. submittal constitutes a complete filing. Service Agreement) with PP&L The facility, located at the Santa Rosa 3. Union Electric Development Montana, LLC (PPLM), as Transmission Energy Center, is a gas turbine Corporation; Central Hudson Customer. combined cycle cogeneration facility Enterprises Corporation; PacifiCorp PSE requests that the Service that uses natural gas as its fuel source. Power Marketing, Inc. Agreements become effective as of January 17, 2000. The facility includes one combustion [Docket No. ER97–3663–010; Docket No. A copy of the filing was served upon turbine generator, with a rated capacity ER97–2869–010; Docket No. ER95–1096–021] PPLM. of approximately 168,300 kW at ISO Take notice that on January 20, 2000, Comment date: February 9, 2000, in conditions, a heat recovery steam the above-mentioned power marketers accordance with Standard Paragraph E generator, and a condensing steam filed quarterly reports with the at the end of this notice. turbine generator rated at approximately Commission in the above-mentioned 74,500 kW. The facility will be located proceedings for information only. 8. Central Vermont Public Service in Pace, Florida, in the county of Santa Corporation Rosa. 4. Bangor Energy Resale, Inc. [Docket No. ER00–1183–000] The facility will interconnect directly [Docket No. ER98–459–008] Take notice that on January 20, 2000, with the transmission system of Gulf Take notice that on January 18, 2000, Central Vermont Public Service Power Company, located in Pensacola, Bangor Energy Resale, Inc. filed their Corporation (Central Vermont) tendered Florida, and will sell its useful output quarterly report for the quarter ending for filing a Service Agreement with at wholesale to Gulf Power Company as December 31, 1999, for information TransCanda Power Marketing, Ltd. well as other various qualified buyers. only. under its FERC Second Revised Electric Gulf Power Company will provide Tariff Volume No. 8. supplementary, standby, back-up and 5. Central Maine Power Company; Lone Central Vermont requests waiver of maintenance power to the Santa Rosa Star Steel Sales Company; Northeast the Commission’s regulations to permit Energy Center. Empire Limited Partnership #1; the service agreement to become Comment date: February 22, 2000, in Northeast Empire Limited Partnership effective on January 10, 2000. accordance with Standard Paragraph E #2; Grayling Generation Station L.P. Comment date: February 9, 2000, in at the end of this notice. [Docket No. ER00–1161–000; Docket No. accordance with Standard Paragraph E 12. Portland General Electric Company ER00–1162–000; Docket No. ER00–1163–000; at the end of this notice. Docket No. ER00–1164–000; Docket No. [Docket No. ER98–1643–002] 9. Old Dominion Electric Cooperative ER00–1165–000] Take notice that Portland General Take notice that on January 19, 2000, [Docket No. ER00–1199–000] Electric Company (PGE), on January 19, the above-mentioned affiliated power Take notice that on January 21, 2000, 2000, tendered for filing proposed producers and/or public utilities filed Old Dominion Electric Cooperative filed changes in its FERC Electric Service their quarterly reports for the quarter their quarterly report for the quarter Tariff Rate schedule No. 11. The ending December 31, 1999. ending December 31, 1999. changes consist of restrictions on the VerDate 27 VerDate 27 Duke requests that the proposed Schedule No. 3 is filed in accordance 29. Williams Energy Marketing & Service Agreement be permitted to with the Commission’s order in Trading Company become effective on May 7, 1999. California Independent System Operator [Docket No. ER00–1172–000] Duke states that this filing is in Corporation, 89 FERC¶ 61,153 (1999). Take notice that on January 19, 2000, accordance with Part 35 of the This filing was sent to the California Williams Energy Marketing&Trading Commission’s Regulations and a copy Independent System Operator Company (Williams EM&T), tendered has been served on the North Carolina Corporation. for filing pursuant to Section 205 of the Utilities Commission. Comment date: February 8, 2000, in Comment date: February 9, 2000, in Federal Power Act (FPA), 16 U.S.C. accordance with Standard Paragraph E accordance with Standard Paragraph E § 824d (1994), and Part 35 of the at the end of this notice. at the end of this notice. Commission’s Regulations, 18 CFR 35, revised pages to the Reliability Must- 24. Duke Energy Corporation 27. Southwestern Public Service Run Service Agreements (RMR Company [Docket No. ER00–1159–000] Agreements) between Williams EM&T and the California Independent System Take notice that on January 19, 2000, [Docket No. ER00–1168–000] Operator Corporation (ISO) for certain Duke Energy Corporation (Duke), Take notice that on January 19, 2000, RMR units located at the Alamitos, tendered for filing a Service Agreement New Century Services, Inc. (NCS), on Huntington Beach, and Redondo Beach with Tenaska Power Service Co., for behalf of Southwestern Public Service Generating Stations. Firm Transmission Service under Company (SPS), tendered for filing The purpose of the filing is to update Duke’s Open Access Transmission pursuant to Section 205 of the Federal Williams EM&T’s existing RMR Tariff. Power Act and part 35 of the Agreements to reflect an extension of Duke requests that the proposed Commission’s regulations, an agreed- the existing RMR Agreements for a Service Agreement be permitted to upon rate reduction for full reduced number of RMR units for 2000, become effective on January 10, 2000. requirements service to Caprock Electric certain annual updates to Schedules A, Duke states that this filing is in Cooperative, Inc., Central Valley Electric B & D of the RMR Agreements, and accordance with Part 35 of the Cooperative, Inc., Farmers’ Electric changes to the personnel to receive Commission’s Regulations and a copy Cooperative, Inc., Lea County Electric notice pursuant to Schedule J of the has been served on the North Carolina Cooperative, Inc., Lyntegar Electric RMR Agreements. Utilities Commission. Williams EM&T requests waiver of the Comment date: February 8, 2000, in Cooperative, Inc., and Roosevelt Electric Cooperative, Inc. NCS also filed a prior notice requirements of Section accordance with Standard Paragraph E 35.3 of the Commission’s Regulations, at the end of this notice. Service Agreement for Network Transmission Service between SPS 18 CFR 35.3, to permit its revised RMR 25. Duke Energy Corporation Wholesale Merchant Function and SPS Agreements to become effective as of Transmission Function. January 1, 2000. [Docket No. ER00–1160–000] Copies of the filing were served upon Take notice that on January 19, 2000, NCS proposes that the filing become the ISO and Southern California Edison Duke Energy Corporation (Duke), effective January 14, 2000. Company. tendered for filing a Service Agreement Copies of this filing were served upon Comment date: February 9, 2000, in with PECO Energy Company (PECO), for the affected purchasers under the rate accordance with Standard Paragraph E Firm Transmission Service under schedules and the state commissions at the end of this notice. Duke’s Open Access Transmission within whose jurisdiction SPS sells Tariff. 30. Northern States Power Company electricity under the affected rate (Minnesota); Northern States Power Duke requests that the proposed schedules. Service Agreement be permitted to Company; (Wisconsin) become effective on January 1, 2000. Comment date: February 9, 2000, in [Docket No. ER00–1175–000] accordance with Standard Paragraph E Duke states that this filing is in Take notice that on January 20, 2000, accordance with Part 35 of the at the end of this notice. Northern States Power Company Commission’s Regulations and a copy 28. Tiverton Power Associates Limited (Minnesota) and Northern States Power has been served on the North Carolina Partnership Company (Wisconsin) (jointly NSP), Utilities Commission. tendered for filing a Network Operating Comment date: February 9, 2000, in [Docket No. ER00–1171–000] Agreement and a Network Integration accordance with Standard Paragraph E Take notice that on January 19, 2000, Transmission Service Agreement at the end of this notice. Tiverton Power Associates Limited between NSP and City of Medford, WI— 26. Enron Energy Services, Inc. Partnership (Tiverton), tendered for Medford Electric Utility. filing, under section 205 of the Federal NSP requests that the Commission [Docket No. ER00–1167–000] Power Act, a rate schedule under which accept the Agreements effective January Take notice that on January 19, 2000, Tiverton will sell energy, capacity and 1, 2000, and requests waiver of the Enron Energy Services, Inc. (EES), ancillary services at market-based rates Commission’s notice requirements in tendered for filing pursuant to Section and will reassign of transmission order for the agreements to be accepted 205 of the Federal Power Act, its FERC capacity. for filing on the date requested. Electric Rate Schedule No. 3 for the Comment date: February 9, 2000, in Sale, Assignment or Transfer of Firm Tiverton requests an effective date for accordance with Standard Paragraph E Transmission Rights (FTRs) to become the proposed rate schedule concurrent at the end of this notice. effective as of February 1, 2000, EES with the commencement of operations 31. AmerGen Energy Company, L.L.C. requests a waiver of the 60-day notice at its generating facilities. requirement. The Rate Schedule Comment date: February 9, 2000, in [Docket No. ER00–1177–000] authorizes EES to sell, assign or transfer accordance with Standard Paragraph E Take notice on January 20, 2000, FTRs in California. EES states that Rate at the end of this notice. AmerGen Energy Company, L.L.C., VerDate 27 VerDate 27 8. Potomac Electric Power Company 11. EnerZ Corporation Regulatory Commission by El Paso [Docket No. ER00–1188–000] [Docket No. ER00–1193–000] Power Services Company and Sonat Power Marketing L.P., effective Take notice that on January 29, 2000, Take notice that on January 21, 2000, December 31, 1999. Potomac Electric Power Company EnerZ Corporation (EnerZ) filed a El Paso Power Services Company— (Pepco) tendered for filing a service Notice of Cancellation of its Rate Rate Schedule FERC No. 1 (Market- agreement pursuant to Pepco FERC Schedule FERC No. 1, with a proposed Based Rate Schedule) Electric Tariff, Original Volume No. 4, effective date of January 31, 2000. EnerZ Sonat Power Marketing L.P.—Rate entered into between Pepco and Reliant is no longer engaged in the power Schedule FERC No. 1 (Market- Energy Services, Inc. marketing business, will not conduct BasedRate Schedule) An effective date of September 29, power marketing activities in the future, Comment date: February 10, 2000, in 1999 for these service agreements, with and has no outstanding power sales accordance with Standard Paragraph E waiver of notice, is requested. contracts; accordingly, no purchasers at the end of this notice. Comment date: February 9, 2000, in will be affected by this notice. accordance with Standard Paragraph E Comment date: February 10, 2000, in 15. El Paso SPM Company at the end of this notice. accordance with Standard Paragraph E [Docket No. ER00–1198–000] 9. Niagara Mohawk Power Corporation at the end of this notice. Take notice that on January 21, 2000, [Docket No. ER00–1191–000] 12. Pennsylvania Electric Company El Paso SPM Company, 1001 Louisiana Street, Houston, Texas 77002, filed a Take notice that on January 21, 2000, [Docket No. ER00–1194–000] Notice of Succession in Ownership or Niagara Mohawk Power Corporation Take notice that on January 21, 2000, Operation which hereby adopts, ratifies, tendered for filing an Interconnection and makes its own, in every respect all Agreement between Niagara Mohawk Pennsylvania Electric Company (doing business and hereinafter referred to as applicable rate schedules, and Power Corporation and PSEG Power supplements thereto, listed below, New York Inc. dated as of January 10, GPU Energy) submitted for filing amendments to the 115 kV Seward- heretofore filed with the Federal Energy 2000. Regulatory Commission by Sonat Power Niagara Mohawk Power Corporation Conemaugh Interconnection Agreement Between GPU Energy and Atlantic City Marketing Inc., effective December 31, requests an effective date of February 1999. 15, 2000 or, if later, the closing date of Electric Company, Baltimore Gas and Electric Company, Delmarva Power & Rate Schedule FERC No. 1 (Market- the sale of the Albany generating Based Rate Schedule) facility. To the extent necessary, Niagara Light Company, Metropolitan Edison Comment date: February 10, 2000, in Mohawk requests waiver of the Company, Pennsylvania Power and accordance with Standard Paragraph E Commission requirement that a rate Light Company, Philadelphia Electric at the end of this notice. schedule be filed not less than 60 days Company, Potomac Electric Power or more than 120 days from its effective Company, Public Service Electric and 16. Cinergy Services, Inc. Gas Company, and the United Gas date. [Docket No. ER00–1206–000] Comment date: February 10, 2000, in Improvement Company. The accordance with Standard Paragraph E amendments modify Schedule 1 and Take notice that on January 24, 2000, at the end of this notice. Schedule 2 of the Interconnection Cinergy Services, Inc., collectively as Agreement. agent for and on behalf of its utility 10. Cabrillo Power I LLC; Cabrillo Comment date: February 10, 2000, in operating company affiliates, The Power II LLC accordance with Standard Paragraph E Cincinnati Gas & Electric Company and [Docket No. ER00–1192–000] at the end of this notice. PSI Energy, Inc. (Cinergy), tendered for filing a service agreement under Take notice that on January 21, 2000, 13. Northern Indiana Public Service Cinergy’s Market-Based Power Sales Cabrillo Power I LLC and Cabrillo Company; Jersey Central Power & Light Standard Tariff-MB (the Tariff) entered Power II LLC (Cabrillo I & II) tendered Company into between Cinergy and Clinton for filing their annual update filing [Docket Nos. ER00–1195–000, ER00–1196– Energy Management, Inc. (3CEMS). governing Reliability Must Run (RMR) 000] Cinergy and CEMS are requesting an services provided by their power plants effective date of January 1, 2000. to the California Independent System Take notice that on January 21, 2000, Comment date: February 11, 2000, in Operator Corporation (ISO). Cabrillo I & the above-mentioned affiliated power accordance with Standard Paragraph E II’s filing includes an agreed upon one- producers and/or public utilities filed at the end of this notice. year extension of the RMR Agreements, their quarterly reports for the quarter and provides updates to various ending December 31, 1999. 17. Sunbury Generation, LLC Comment date: February 17, 2000, in Schedules appended to the RMR accordance with Standard Paragraph E [Docket No. ER00–1170–000] Agreements related to Contract Service at the end of this notice. Limits, Target Available Hours, and pre- Take notice that on January 19, 2000, paid Start-up Charges under the RMR 14. El Paso Merchant Energy, L.P. Sunbury Generation, LLC (Sunbury), Service Agreements. [Docket No. ER00–1197–000] tendered for filing a Power Purchase Cabrillo I & II have requested an Agreement between Sunbury and WPS effective date of January 1, 2000. Take notice that on January 21, 2000, Energy Services, Inc., (PPA). Copies of this filing have been served El Paso Merchant Energy, L.P. filed a Sunbury requests that the upon the ISO, the California Electricity Notice of Succession in Ownership or Commission waive its notice of filing Oversight Board, and the California Operation which hereby adopts, ratifies requirements to allow the PPA to Public Utilities Commission. and makes its own in every respect all become effective on January 20, 2000. Comment date: February 10, 2000, in applicable rate schedules, and Comment date: February 8, 2000, in accordance with Standard Paragraph E supplements thereto, listed below, accordance with Standard Paragraph E at the end of this notice. heretofore filed with the Federal Energy at the end of this notice. VerDate 27 18. Soyland Power Cooperative, Inc. Williams Energy Marketing & Trading First Revised Volume No. 8, with NP [Docket No. ER00–1204–000] Company. Energy Inc. CLECO requests an effective date of A copy of the filing was served upon Take notice that on January 24, 2000, January 17, 2000. NP Energy Inc. Soyland Power Cooperative, Inc. Comment date: February 8, 2000, in Comment date: February 11, 2000, in (Soyland), tendered for filing with the accordance with Standard Paragraph E accordance with Standard Paragraph E Federal Energy Regulatory Commission at the end of this notice. at the end of this notice. a Service Agreement between Soyland 21. Southwestern Public Service 24. Puget Sound Energy, Inc. and Clinton Electric Cooperative, Inc., Company dated December 15, 1999, and [Docket No. ER00–1210–000] [Docket No. ER00–1168–000] Amendment No. 1 to such Service Take notice that on January 24, 2000, Agreement dated January 11, 2000. Take notice that on January 24, 2000, Puget Sound Energy, Inc. (PSE), During the terms of the Service New Century Services, Inc. (NCS), on tendered for filing a Service Agreement Agreement and Amendment No. 1, behalf of Southwestern Public Service under the provisions of PSE’s market- Soyland will provide firm short-term Company (SPS), tendered for filing based rates tariff, FERC Electric Tariff, power to Clinton. Clinton was formerly pursuant to Section 205 of the Federal First Revised Volume No. 8, with PECO a member of Soyland, but left Soyland Power Act and Part 35 of the Energy (PECO). as of December 31, 1997. The Service Commission’s Regulations, an A copy of the filing was served upon Agreement represents a decrease in rates amendment to it January 19, 2000, filing PECO. when compared to the rates paid by of an agreed-upon rate reduction for full Comment date: February 11, 2000, in Clinton as a Soyland member as of requirements service to Caprock Electric accordance with Standard Paragraph E December 31, 1997. Soyland seeks Cooperative, Inc., Central Valley Electric at the end of this notice. Commission authorization to provide Cooperative, Inc., Farmers’ Electric power according to the terms and rates Cooperative, Inc., Lea County Electric 25. Cinergy Services, Inc. of the Service Agreement and Cooperative, Inc., Lyntegar Electric [Docket No. ER00–1208–000] Amendment No. 1 to Clinton with an Cooperative, Inc., and Roosevelt Electric Take notice that on January 24, 2000, effective date of January 1, 2000. Cooperative, Inc., and Service Cinergy Services, Inc. (Cinergy), Soyland also seeks a waiver of the Agreement for Network Transmission tendered for filing a Non-Firm Point-To- commission 60 day prior notice Service between SPS Wholesale Point Service Agreement under requirements. The power sale will Merchant Function and SPS Cinergy’s Open Access Transmission provide Clinton with all of its Transmission Function. The Service Tariff (the Tariff) entered into requirements for the period January 1 amendment corrects one page of each between Cinergy and Consumers Energy through February 29, 2000. Clinton has rate schedule that was incorrectly Company (Consumers). submitted a Certificate of Concurrence redlined in the January 19, 2000 filing. Cinergy and Consumers are requesting indicating its acceptance of the rates NCS proposes that the amended filing an effective date of one date after this and terms of the Service Agreement and become effective January 14, 2000. filing. Amendment No. 1. Copies of this filing were served upon Comment date: February 11, 2000, in A copy of this filing was served on the affected purchasers under the rate accordance with Standard Paragraph E Clinton Electric Cooperative, Inc. schedules and the state commissions at the end of this notice. Comment date: February 11, 2000, in within whose jurisdiction SPS sells accordance with Standard Paragraph E electricity under the affected rate 26. Soyland Power Cooperative, Inc. at the end of this notice. schedules. [Docket No. ER00–1205–000] Comment date: February 11, 2000, in 19. WPS Energy Services, Inc. accordance with Standard Paragraph E Take notice that on January 24, 2000, [Docket No. ER00–1169–000] at the end of this notice. Soyland Power Cooperative, Inc. (Soyland), tendered for filing with the Take notice that on January 19, 2000, 22. Puget Sound Energy, Inc. Federal Energy Regulatory Commission WPS Energy Services, Inc. (ESI), [Docket No. ER00–1211–000] a Service Agreement between Soyland tendered for filing a Brokering and and Tri-County Electric Cooperative, Dispatch Agreement (Agreement) Take notice that on January 24, 2000, Inc., dated December 16, 1999, and between ESI and Sunbury Generation, Puget Sound Energy, Inc. (PSE), Amendment No. 1 to such Service LLC (Sunbury). tendered for filing a Service Agreement Agreement dated January 12, 2000. ESI requests that the Commission under the provisions of PSE’s market- During the terms of the Service waive its notice of filing requirements to based rates tariff, FERC Electric Tariff, Agreement and Amendment No. 1, allow the Agreement to become effective First Revised Volume No. 8, with QST Soyland will provide firm short-term on January 20, 2000. Energy Trading, Inc., (QST). power to Tri-County. Tri-County was Comment date: February 8, 2000, in A copy of the filing was served upon formerly a member of Soyland, but left accordance with Standard Paragraph E QST. Soyland as of December 31, 1997. The at the end of this notice. Comment date: February 11, 2000, in Service Agreement represents a decrease accordance with Standard Paragraph E 20. Cleco Utility Group Inc. in rates when compared to the rates at the end of this notice. paid by Tri-County as a Soyland [Docket No. ER00–1153–000] 23. Puget Sound Energy, Inc. member as of December 31, 1997. The Take notice that on January 19, 2000, power sale will provide Tri-County with [Docket No. ER00–1212–000] Cleco Utility Group Inc., Transmission all of its requirements for the period services (CLECO), tendered for filing Take notice that on January 24, 2000, January 1 through February 29, 2000. service agreements for non-firm and Puget Sound Energy, Inc. (PSE), Tri-County has submitted a Certificate short term firm point-to-point tendered for filing a Service Agreement of Concurrence indicating its acceptance transmission services under its Open under the provisions of PSE’s market- of the rates and terms of the Service Access Transmission Tariff with based rates tariff, FERC Electric Tariff, Agreement and Amendment No. 1. VerDate 27 Soyland seeks Commission Indeck Pepperell requests that the Cincinnati Gas & Electric Company and authorization to provide power Service Agreement be made effective as PSI Energy, Inc. (Cinergy), tendered for according to the terms and rates of the of December 21, 1999. filing a service agreement under Service Agreement and Amendment No. Comment date: February 11, 2000, in Cinergy’s Market-Based Power Sales 1 to Tri-County with an effective date of accordance with Standard Paragraph E Standard Tariff-MB (the Tariff) entered January 1, 2000. Soyland also seeks a at the end of this notice. into between Cinergy and Allegheny waiver of the commission 60 day prior 30. FirstEnergy System Energy Supply Company, LLC (AESC). notice requirements. Cinergy and AESC are requesting an A copy of this filing was served on [Docket No. ER00–1200–000] effective date of January 13, 2000. Tri-County Electric Cooperative, Inc. Comment date: February 11, 2000, in Comment date: February 11, 2000, in Take notice that on January 24, 2000, FirstEnergy System filed a Service accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. Agreement to provide Non-Firm Point- to-Point Transmission Service for: ACN 34. Cinergy Services, Inc. 27. Central Power and Light Company Power, Inc. , the Transmission [Docket No. ER00–1220–000] [Docket No. ER00–1203–000] Customer. Services are being provided under the FirstEnergy System Open Take notice that on January 24, 2000, Take notice that on January 24, 2000, Access Transmission Tariff submitted Central Power and Light Company Cinergy Services, Inc. (Cinergy), for filing by the Federal Energy tendered for filing a service agreement (CPL), tendered for filing an Regulatory Commission in Docket No. Interconnection Agreement between under Cinergy’s Open Access ER97–412–000. Transmission Service Tariff (the Tariff) CPL and Duke Energy Hidalgo, L.P., The proposed effective date under entered into between Cinergy and (Duke). this Service Agreement is January 07, Cinergy Services, Inc. (Cinergy, the CPL requests an effective date for the 2000 for the above mentioned Service Customer). Interconnection Agreement of Agreement in this filing.. November 12, 1999. Accordingly, CPL Comment date: February 11, 2000, in This service agreement has a yearly requests waiver of the Commission’s accordance with Standard Paragraph E firm transmission service with notice requirements. at the end of this notice. American Electric Power via the Gibson CPL states that a copy of the filing Generating Station Unit No’s. 1–5. was served on Duke and the Public 31. Cinergy Services, Inc. Cinergy and Cinergy, the Customer Utility Commission of Texas. [Docket No. ER00–1209–000] are requesting an effective date of Comment date: February 11, 2000, in January 1, 2000. accordance with Standard Paragraph E Take notice that on January 21, 2000, Comment date: February 11, 2000, in at the end of this notice. Cinergy Services, Inc. (Cinergy), accordance with Standard Paragraph E tendered for filing a Firm Point-To-Point at the end of this notice. 28. FirstEnergy System Service Agreement under Cinergy’s [Docket No. ER00–1201–000] Open Access Transmission Service 35. Cinergy Services, Inc. Tariff (the Tariff) entered into between Take notice that on January 24, 2000, [Docket No. ER00–1222–000] Cinergy and Consumers Energy FirstEnergy System filed a Service Company (Consumers). Take notice that on January 24, 2000, Agreement to provide Firm Point-to- Cinergy and Consumers are requesting Cinergy Services, Inc. (Cinergy), Point Transmission Service for ACN an effective date of one day after this tendered for filing a Non-Firm Point-To- Power, Inc., the Transmission Customer. filing. Point Service Agreement under Services are being provided under the Comment date: February 10, 2000, in Cinergy’s Open Access Transmission FirstEnergy System Open Access accordance with Standard Paragraph E Service Tariff (the Tariff) entered into Transmission Tariff submitted for filing at the end of this notice. between Cinergy and British Columbia by the Federal Energy Regulatory Power Exchange Corp., (British). Commission in Docket No. ER97–412– 32. Cinergy Services, Inc. Cinergy and British are requesting an 000. [Docket No. ER00–1221–000] The proposed effective date under effective date of December 31, 1999. this Service Agreement is January 7, Take notice that on January 24, 2000, Comment date: February 11, 2000, in 2000 for the above mentioned Service Cinergy Services, Inc. (Cinergy), accordance with Standard Paragraph E Agreement in this filing. tendered for filing a Firm Point-To-Point at the end of this notice. Comment date: February 11, 2000, in Service Agreement under Cinergy’s 36. Fitchburg Gas and Electric Light accordance with Standard Paragraph E Open Access Transmission Service Company at the end of this notice. Tariff (the Tariff) entered into between [Docket No. ER00–1215–000] 29. Indeck Pepperell Power Associates Cinergy and British Columbia Power Exchange Corp., (British). Take notice that on January 24, 2000, [Docket No. ER00–1202–000] Cinergy and British are requesting an Fitchburg Gas and Electric Light Take notice that on January 24, 2000, effective date of December 31,1999. Company (FG&E), tendered for filing Indeck Pepperell Power Associates, Inc. Comment date: February 11, 2000, in changes to the rate set forth in FG&E’s (Indeck Pepperell), tendered for filing accordance with Standard Paragraph E Open Access Transmission Tariff, FERC with the Federal Energy Regulatory at the end of this notice. Electric Tariff, First Revised Volume No. Commission a Power Purchase and Sale 33. Cinergy Services, Inc. 4. The changes reflect a decrease in Agreement (Service Agreement) FG&E’s Transmission Plant and [Docket No. ER00–1207–000] between Indeck Pepperell and Niagara corresponding decrease in FG&E’s rate Mohawk Energy Marketing, Inc. Take notice that on January 24, 2000, for transmission service. (NMEM), dated December 21, 1999, for Cinergy Services, Inc., collectively as Comment date: February 11, 2000, in service under Indeck Pepperell’s Rate agent for and on behalf of its utility accordance with Standard Paragraph E Schedule FERC No. 1. operating company affiliates, The at the end of this notice. VerDate 27 37. Cinergy Services, Inc. Order No. 2000 announced the proposed information collection as [Docket No. ER00–1216–000] initiation of a regional collaborative described below. process 2 to aid in the formation of Take notice that on January 24, 2000, DATES: Comments must be submitted on RTOs. To initiate the collaborative Cinergy Services, Inc., on behalf of its or before April 4, 2000. process, the Commission is organizing a Operating Company affiliates, The ADDRESSES: To obtain a copy of the ICR series of regional workshops. The Cincinnati Gas & Electric Company and without charge, contact: Mr. Lee following five locations are designated PSI Energy, Inc. (COC), tendered for Salmon, Indoor Environments Division, for the Spring 2000 workshops and, as filing an executed service agreement Office of Radiation and Indoor Air, stated in order No. 2000, ‘‘* * * the between COC and Engage Energy US, L. U.S. Environmental Protection Agency, selection of locations for initial P. (Engage), replacing the unexecuted Ariel Rios Building, 1200 Pennsylvania workshops is not to indicate a service agreement filed in April 1999 Avenue, N.W., (6609J), Washington, preference for specific RTO boundaries, under Docket No. ER99–2511–000 per D.C. 20460. A copy of the ICR can also but to provide convenient workshop COC FERC Electric Market-Based Power be downloaded off the Internet at http:/ locations.’’ 3 The workshops are open to Sales Tariff, Original Volume No. 7–MB. /www.epa.gov/icr; refer to EPA ICR No. Cinergy is requesting an effective date all interested parties and attendance at 1917.01. of May 1, 1999 and the same Rate more than one workshop is permitted. FOR FURTHER INFORMATION CONTACT: Mr. Designation as per the original filing. The Commission expects that all Lee Salmon by telephone at (202) 564– Comment date: February 11, 2000, in transmission owners will attend at least 9451 or by e-mail at accordance with Standard Paragraph E one workshop. [email protected]. The dates and locations for the Spring at the end of this notice. SUPPLEMENTARY INFORMATION: Affected 2000 regional workshops are as follows: Standard Paragraphs entities: Entities potentially affected by March 1–2, 2000 in Cincinnati, OH this action are selected owners and E. Any person desiring to be heard or March 15–16, 2000 in Philadelphia, PA managers of office buildings over 50,000 to protest such filing should file a March 23–24, 2000 in Las Vegas, NV square feet. Survey recipients were motion to intervene or protest with the March 29–30, 2000 in Kansas City, MO selected from the membership lists of Federal Energy Regulatory Commission, April 5–6, 2000 in Atlanta, GA the Building Owners and Managers 888 First Street, N.E., Washington, D.C. Agendas, procedural rules and Association (BOMA) and the 20426, in accordance with Rules 211 specific meeting locations will be International Facilities Management and 214 of the Commission’s Rules of provided in advance of the workshops Association (IFMA), as well as a list of Practice and Procedure (18 CFR 385.211 on the Commission’s website (http:// commercial office buildings greater than and 385.214). All such motions or www.ferc.fed.us/). The Commission 50,000 square feet generated from protests should be filed on or before the contact person for these workshops is electronically-available tax records. comment date. Protests will be James Apperson, (202) 219–2962. Federally-owned properties were considered by the Commission in selected by EPA in consultation with David P. Boergers, determining the appropriate action to be the General Services Administration taken, but will not serve to make Secretary. (GSA). protestants parties to the proceeding. [FR Doc. 00–2488 Filed 2–3–00; 8:45 am] Title: IAQ Practices in Large Buildings Any person wishing to become a party BILLING CODE 6717±01±M Survey (EPA ICR No. 1917.01). must file a motion to intervene. Copies Abstract: EPA is currently working of these filings are on file with the with other Federal agencies and the Commission and are available for public ENVIRONMENTAL PROTECTION public, as well as with other nations, to inspection. This filing may also be AGENCY promote effective approaches for viewed on the Internet at http:// identifying and solving indoor air www.ferc.fed.us/online/rims.htm (call [FRL±6532±4] quality (IAQ) problems. As part of this 202–208–2222 for assistance). effort, EPA has developed a guide which Agency Information Collection addresses indoor air quality in large David P. Boergers, Activities: Proposed Collection; office buildings entitled ‘‘Building Air Secretary. Comment Request; IAQ Practices in Quality: A Guide for Building Owners [FR Doc. 00–2457 Filed 2–3–00; 8:45 am] Large Buildings Survey and Facility Managers’’ (BAQ). This BILLING CODE 6717±01±P AGENCY: Environmental Protection document provides an extensive Agency. discussion of a wide range of potential DEPARTMENT OF ENERGY ACTION: Notice. indoor air pollutants and suggests ways in which building owners and managers Federal Energy Regulatory SUMMARY: In compliance with the can improve the indoor air quality of Commission Paperwork Reduction Act (44 U.S.C. their buildings. As a complement to the 3501 et seq.), this notice announces that Guide, EPA has also developed a [Docket No. RM99±2±000] EPA is planning to submit the following comprehensive BAQ Action Plan, which Regional Transmission Organizations; proposed Information Collection describes an eight-step process for Notice of Dates and Locations for Request (ICR) to the Office of improving a building’s indoor air Regional Collaborative Workshops Management and Budget (OMB): IAQ quality. The BAQ Action Plan can be Practices in Large Buildings Survey, used to determine the current condition January 31, 2000. EPA ICR Number 1917.01. Before of an office building’s indoor air quality, On December 20, 1999, the submitting the ICR to OMB for review as well as to successfully implement Commission issued Order No. 2000 1 to and approval, EPA is soliciting good IAQ management practices. advance the formation of Regional comments on specific aspects of the Using a seven-page survey, EPA Transmission Organizations (RTOs). proposes to collect data from building 2 Id. at 942–43. owners and managers. This survey will 1 65 FR 809 (January 6, 2000). 3 Id. at 943. allow EPA to determine the extent to VerDate 27 VerDate 27 ERP No. D–FHW–E40781–FL Rating ERP No. FS–UAF–C11011–NY Griffiss EIS No. 000025, Final EIS, FHW, AR, EC2, FL–423 (John Young Parking), Air Force Base (AFB) Disposal and MS, AR, Great River Bridge, Improvements from FL–50 to Fl–434, Reuse, Implementation, Oneida County, Construction, US 65 in Arkansas to MS– City of Orlando, Orange County,FL. NY. 8 in Mississippi, Funding, COE Section Summary: EPA expressed Summary: No formal comment letter 404 Permit and US Coast Guard Bridge environmental concern regarding was sent to the preparing agency. Permit, Desha and Arkansas Counties, relocation issues and potential noise Dated: February 1, 2000. AR and Bolivar County, MS, Due: March impacts. EPA requested additional B. Katherine Biggs, 6, 2000, Contact: Elizabeth A. Romero consideration of residential relocations (504) 324–5625. Associate Director, NEPA Compliance and noise mitigation. EPA also Division, Office of Federal Activities. EIS No. 000026, Final EIS, UAF, LA, suggested that the project design TX, NM, Realistic Bomber Training [FR Doc. 00–2594 Filed 2–3–00; 8:45 am] provide for future light rail and bike Initiative, Improve the B–52 and B–1 lanes. BILLING CODE 6560±50±P Aircrews Mission Training and ERP No. D–SFW–K99029–CA Rating Maximize Combat Training Time, EC2, San Joaquin County Multi-Species ENVIRONMENTAL PROTECTION Barksdale Air Force Base, LA, NM and HabitatConservation and Open Space AGENCY TX, Due: March 6, 2000, Contact: Plan, Issuance of Incidental Take Brenda Cook (757) 764–9339. Permit, San Joaquin County, CA. EIS No. 000027, Final EIS, FRC, FL, [ER±FRL±6250±7] Summary: EPA expressed MS, Florida Gas Transmission Phase IV environmental concerns about Environmental Impact Statements; Expansion Project (Docket No. CP99– compliance with EPA’s CWA Section Notice of Availability 94–000), To Deliver Natural Gas to 404(b)(1) guidelines. TheFinal EIS Electric Generator, FL and MS, Due: should clearly reflect the requirements RESPONSIBLE AGENCY: Office of Federal March 6, 2000, Contact: Paul McKee to avoid and minimize, to the fullest Activities, General Information (202) (202) 208–1088. extent practicable, the discharge of 564–7167 OR www.epa.gov/oeca/ofa Dated: February 1, 2000. dredged or fill material into waters of Weekly receipt of Environmental Impact B. Katherine Biggs, the United States. Statements Filed January 24, 2000 Associate Director, NEPA Compliance ERP No. D–USN–E11047–00 Rating Through January 28, 2000 Pursuant to Division, Office of Federal Activities. EC1, USS Winston S. Churchill (DDG 40 CFR 1506.9. [FR Doc. 00–2595 Filed 2–3–00; 8:45 am] 81), Conducting a Shock Trial, Offshore EIS No. 000020, Final EIS, COE, FL, BILLING CODE 6560±50±P of Naval Stations,Mayport, FL; Norfolk, Lake Okeechobee Regulation Schedule VA and/or Pascagoula, MS. Study, To Maintain or Improve Existing Summary: EPA expressed Water Storage, St. Lucie and ENVIRONMENTAL PROTECTION environmental concerns about the Caloosahatchee River Estuaries, FL , AGENCY proposed ship shock test, and Due: March 6, 2000, Contact: Elmar recommended post-monitoring results Kurzbach (904) 232–2325. [FRL±6533±6] be made available to assess mitigation EIS No. 000021, Final EIS, USN, NV, measures. Fallon Naval Air Station (NAS), Environmental Laboratory Advisory Board; Meeting Dates and Agenda Final EISs Proposal for the Fallon Range Complex Requirements, Federal and Private AGENCY: Environmental Protection ERP No. F–COE–G39031–ARGrand Lands, Churchill, Eureka, Lander, Agency (EPA). Prairie Area Demonstration Mineral, Nye and Washoe Counties, NV, ACTION: Notice of meeting. Project,Implementation, Water Due: March 6, 2000, Contact: Terri Conservation, GroundwaterManagement Knutson (775) 885–6156. SUMMARY: Pursuant to the Federal and Irrigation Water Supply,Prairie, EIS No. 000022, Final EIS, DOE, NM, Advisory Committee Act, Public Law Arkansas, Monroe and Lonoke Counties, The Conveyance and Transfer of Certain 92–463, as amended (5 U.S.C., App 2) AR. Land Tracts Administered by the US notification is hereby given of an open Summary: EPA continued to express DOE and Located at Los Alamos meeting of the Environmental concerns about the project and urged National Laboratory, Los Alamos and Laboratory Advisory Board (ELAB). the Corps to conduct a comprehensive, Santa Fe Counties, NM, Due: March 6, DATES: The meeting will be held on or cumulative impact study of the White 2000, Contact: Elizabeth Withers (505) February 15, 2000, from 1:30 p.m. to River basin in order to gain a better 667–8690. 4:00 p.m. (EST). understanding of the interaction of EIS No. 000023, Draft EIS, SFW, CA, implemented and planned projects. San Diequito Wetland Restoration ADDRESSES: While the meeting will be ERP No. F–FAA–C51019–NY Project, Implementation, conducted by teleconference, the public LaGuardia Airport East End Roadway Comprehensive Restoration Plan, COE is invited to participate by joining David Improvements Project, Four New Ramps Section 404 Permit, Cities of Del Mar Friedman in EPA Conference Room 2 on at the 102nd Street Bridge Construction, and San Diego, San Diego County, CA, the fourth floor of the Ronald Reagan Airport Layout Plan Approval and Due: March 20, 2000, Contact: Jack Building, 1300 Pennsylvania Avenue, Funding, Queens County, NY. Fancher (760) 431–9440. NW. Summary: No formal comment letter EIS No. 000024, Draft EIS, FHW, TX, SUPPLEMENTARY INFORMATION: Among was sent to the preparing agency. TX–130 Construction, I–35 of the items the Board will discuss are ERP No. F–USN–K11104–CA Marine Georgetown to I–10 near Seguin, updates from its subcommittees, Corp Air Station (MCAS) Tustin Funding, COE Section 404 Permit, laboratory performance testing, Disposal and Reuse Plan, Cities of Williamson, Travis, Caldwell, shipment of environmental samples, Tustin and Irvine, Orange County, CA. Guadalupe Counties, TX, Due: March and any public comments that the Board Summary: No formal comment letter 20, 2000, Contact: Walter Waidelich has received since their December 1999 was sent to the preparing agency. (512) 916–5988. meeting. VerDate 27 The meeting is open to the public and March 3, 2000, from 8:30 a.m. to 5:30 action under docket control number time will be allotted for public p.m. OPP–00641. The official record consists comment. Written comments are ADDRESSES: Sheraton Crystal City Hotel, of the documents specifically referenced encouraged and should be directed to 1800 Jefferson Davis Highway, in this action, any public comments David Friedman; USEPA; 1200 Arlington, VA. The telephone number received during an applicable comment Pennsylvania Avenue, NW (8101R); for the Sheraton hotel is: (703) 486– period, and other information related to Washington, DC 20460. 1111. this action, including any information FOR FURTHER INFORMATION CONTACT: Comments may be submitted by mail, claimed as Confidential Business David Friedman; Designated Federal electronically, or in person. Please Information (CBI). This official record Officer; USEPA; 1300 Pennsylvania follow the detailed instructions for each includes the documents that are Avenue, NW; Washington, DC 20460. If method as provided in Unit I. of the physically located in the docket, as well questions arise, please contact Mr. SUPPLEMENTARY INFORMATION. To ensure as the documents that are referenced in Friedman by phone at (202) 564–6662, proper receipt by EPA, it is imperative those documents. The public version of by facsimile at (202) 565–2432 or by that you identify docket control number the official record does not include any email at [email protected]. OPP–00641 in the subject line on the information claimed as CBI. The public Dated: January 21, 2000. first page of your response. version of the official record, which FOR FURTHER INFORMATION CONTACT includes printed, paper versions of any Henry L. Longest II, : Laura Morris or Paul Lewis, Designated electronic comments submitted during Deputy Assistant Administrator for Management, Office of Research and Federal Officials, FIFRA SAP (7101C), an applicable comment period, is Development. Office of Science Coordination and available for inspection in the Public [FR Doc. 00–2478 Filed 2–3–00; 8:45 am] Policy, Environmental Protection Information and Records Integrity Agency, Ariel Rios Bldg., 1200 Branch (PIRIB), Rm. 119, Crystal Mall2 BILLING CODE 6560±50±P Pennsylvania Ave., NW., Washington, (CM2), 1921 Jefferson Davis Hwy., DC 20460; telephone number: (703) Arlington, VA, from 8:30 a.m. to 4 p.m., ENVIRONMENTAL PROTECTION 308–6212 or (703) 305–5369; fax Monday through Friday, excluding legal AGENCY number: (703) 605–0656; e-mail address: holidays. The PIRIB telephone number morris.laura or [email protected]. is (703) 305–5805. SUPPLEMENTARY INFORMATION: [OPP±00641; FRL±6490±6] C. How Can I Request to Participate in I. General Information this Meeting? FIFRA Scientific Advisory Panel; Open Meeting A. Does this Action Apply to Me? You may submit comments through This action is directed to the public the mail, in person, or electronically. To AGENCY: Environmental Protection in general. Since other entities may also ensure proper receipt by EPA, it is Agency (EPA). be interested, the Agency has not imperative that you identify docket ACTION: Notice. attempted to describe all the specific control number OPP–00641 in the entities that may be affected by this SUMMARY: There will be a 4–day meeting subject line on the first page of your of the Federal Insecticide, Fungicide, action. If you have any questions response.Members of the public wishing and Rodenticide Act (FIFRA) and Food regarding the applicability of this action to submit comments should contact the Quality Protection Act (FQPA) to a particular entity, consult the person persons listed under FOR FURTHER Scientific Advisory Panel (SAP) to listed under FOR FURTHER INFORMATION INFORMATION CONTACT to confirm that the review the following sets of scientific CONTACT meeting date and the agenda have not issues being considered by the Agency B. How Can I Get Additional been modified or changed. pertaining to: Food allergenicity of Information, Including Copies of this Interested persons are permitted to Cry9C endotoxin and other non- Document and Other Related file written statements before the digestible proteins; Dietary Exposure Documents? meeting. To the extent that time Evaluation Model (DEEM) 1. Electronically. You may obtain permits, and upon advanced written Decompositing procedure and software; electronic copies of this document, and request to the persons listed under FOR MaxLIP (Maximum Likelihood certain other related documents that FURTHER INFORMATION CONTACT, Imputation Procedure) Pesticide residue might be available electronically, from interested persons may be permitted by decompositing procedure and software; the EPA Internet Home Page at http:// the Chair of the FIFRA SAP to present Dietary Exposure Evaluation Model www.epa.gov/. To access this oral statements at the meeting. The (DEEM); and consultation on document, on the Home Page select request should identify the name of the development and use of distributions of ‘‘Laws and Regulations’’ and then look individual making the presentation, the pesticide concentrations in drinking up the entry for this document under organization (if any) the individual will water for FQPA assessments. the ‘‘Federal Register--Environmental represent, and any requirements for The meeting is open to the public. Documents.’’ You can also go directly to audiovisual equipment (e.g., overhead Seating at the meeting will be on a first- the Federal Register listings at http:// projector, 35 mm projector, chalkboard, come basis. Individuals requiring www.epa.gov/fedrgstr/. etc). There is no limit on the length of special accommodations at this meeting, A meeting agenda and copies of EPA written comments for consideration by including wheelchair access, should background documents for the meeting the Panel, but oral statements before the contact Laura Morris or Paul Lewis at will be available early February, 2000. Panel are limited to approximately 5 the address listed under FOR FURTHER The meeting agenda and EPA primary minutes. The Agency also urges the INFORMATION CONTACT at least 5 business background documents will be available public to submit written comments in days prior to the meeting so that on the FIFRA SAP web site at http:// lieu of oral presentations. Persons appropriate arrangements can be made. www.epa.gov/scipoly/sap. wishing to make oral and/or written DATES: The meeting will be held on 2. In person. The Agency has statements should notify the persons Tuesday, February 29, through Friday, established an official record for this listed under FOR VerDate 27 FURTHER INFORMATION CONTACT and Exposure Evaluation Model (DEEM) The Agency will outline the basic submit 40 copies of the summary software. In estimating dietary exposure steps envisioned in developing national, information. The Agency encourages to pesticides, the Agency uses several population-weighted distributions of that written statements be submitted sources for monitoring data of pesticide pesticide residues in drinking water and before the meeting to provide Panel residues in foods. These monitoring aggregating them with distributions in Members the time necessary to consider data, however, are in the form of food. These steps include development and review the comments. pesticide residues on composited of distributions of pesticide drinking 1. By mail. Submit your comments to: samples and do not directly represent water concentration values across Public Information and Records concentrations of pesticide residues in surface water/drinking water intake Integrity Branch (PIRIB), Information single food items. For acute dietary locations, consideration of the impact of Resources and Services Division exposure estimation, it is the residues in treatment by a water utility, and (7502C), Office of Pesticide Programs single items of produce that are of development of methodologies to (OPP), Environmental Protection interest rather than ‘‘average’’ residues combine the adjusted distributions with Agency, Ariel Rios Bldg., 1200 measured in composited samples. The the distribution of pesticide residues on Pennsylvania Ave., NW., Washington, decomposition module in the DEEM food items. The presentation on DC 20460. software uses a statistical procedure in development of distributions of 2. In person or by courier. Deliver order to ‘‘decomposite’’ composited drinking water concentrations will your comments to: Public Information monitoring data to estimate residues in describe a process using measured data and Records Integrity Branch (PIRIB), single items. The purpose of this with a computer modeling/analysis Information Resources and Services presentation is to describe the overlay. The details of how the Agency Division (7502C), Office of Pesticide decomposition component of the will consider the effects of treatment Programs (OPP), Environmental software. will be largely addressed in a future Protection Agency, Rm. 119, CM2, 1921 The second session will also include FIFRA SAP meeting. a presentation of the MaxLIP (Maximum Jefferson Davis Hwy., Arlington, VA. B. Panel Report The PIRIB is open from 8:30 a.m. to 4 Likelihood Imputation Procedure) p.m., Monday through Friday, excluding Pesticide residue decompositing Copies of the Panel’s report of their legal holidays. The PIRIB telephone procedure and software. For acute recommendations will be available number is (703) 305–5805. dietary exposure estimation, it is the approximately 45 working days after the 3. Electronically. You may submit residues in single items of produce that meeting, and will be posted on the your comments electronically by e-mail are of interest rather than ‘‘average’’ FIFRA SAP web site or may be obtained to: ‘‘[email protected],’’ or you can residues measured in composited by contacting the Public Information submit a computer disk as described samples. The MaxLIP software uses a and Records Integrity Branch at the above. Do not submit any information maximum likelihood estimation address or telephone number listed in electronically that you consider to be procedure in order to ‘‘decomposite’’ Unit I.B. of this document. CBI. Avoid the use of special characters composited monitoring data to estimate List of Subjects residues in single items. and any form of encryption. Electronic Environmental protection. submissions will be accepted in The third session will focus on the WordPerfect 6.1/8.0 or ASCII file Dietary Exposure Evaluation Model Dated: January 27, 2000. format. All comments in electronic form (DEEM). A major component of Steven Galson, must be identified by docket control assessing the risks of pesticide Director, Office of Science Coordination and number OPP–00641. Electronic substances is the estimation of dietary Policy. comments may also be filed online at exposure to pesticide residues in foods. [FR Doc. 00–2483 Filed 2–3–00; 8:45 am] The Agency currently uses the DEEM many Federal Depository Libraries. BILLING CODE 6560±50±F exposure assessment software in II. Background conducting its dietary exposure and risk assessment. The purpose of this session A. Purpose of the Meeting? ENVIRONMENTAL PROTECTION is to describe the components and AGENCY This 4-day meeting concerns several methodologies used by the DEEM scientific issues undergoing software. [FRL±6533±4] consideration within the EPA/Office of The last session is to provide the Science Advisory Board; Notification Pesticide Programs (OPP). The four FIFRA SAP with a progress report on of Public Advisory Committee Meeting session topics to be addressed during the Agency’s efforts to implement the the 4-day meeting are indicated as drinking water component of the FQPA Pursuant to the Federal Advisory follows: aggregate exposure assessment. Committee Act, Public Law 92–463, The first session will focus on Aggregate exposure is defined to notice is hereby given that two assessing the potential allergenicity of encompass multiple potential sources of committees of the USEPA Science non-digestible proteins expressed as exposure to pesticides and includes Advisory Board (SAB) will meet on the plant-pesticides. The specific case in exposure from pesticide residues in dates and times noted below. All times question concerns the Cry9C food, in drinking water and in the home. noted are Eastern Time. All meetings are insecticidal protein derived from In order to combine the drinking water open to the public, however, seating is Bacillus thuringiensis and expressed in component with the population based limited and available on a first come field corn. The Agency is asking distribution of pesticide residues on basis. Important Notice: Documents that questions on the use of amino acid food items in a statistically rigorous are the subject of SAB reviews are homology, the brown Norway rat model manner, the data should be developed normally available from the originating for food allergenicity and other subjects with the same general structure. In this EPA office and are not available from with regards to the assessment for way, the Monte Carlo procedure used the SAB Office—information concerning potential allergenicity. for the risk assessment for food stuffs availability of documents from the The second session will address the can be extended to the drinking water relevant Program Office is included decomposition module in the Dietary component. below. VerDate 27 1—Research Strategies Advisory 564–6951 or by e-mail at EEAC to obtain additional counsel on Committee (RSAC) VerDate 27 VerDate 27 To ensure proper receipt by EPA, it is 2. In person. The Agency has Wordperfect 6.1/8.0 or ASCII file imperative that you identify docket established an official record for this format. All comments in electronic form control number PF–908 in the subject action under docket control number PF– must be identified by docket control line on the first page of your response. 908. The official record consists of the number PF–908. Electronic comments FOR FURTHER INFORMATION CONTACT: By documents specifically referenced in may also be filed online at many Federal mail: Cynthia Giles-Parker (PM 22), this action, any public comments Depository Libraries. Registration Division (7505C), Office of received during an applicable comment period, and other information related to D. How Should I Handle CBI That I Pesticide Programs, Environmental Want to Submit to the Agency? Protection Agency, Ariel Rios Bldg., this action, including any information 1200 Pennsylvania Ave., NW., claimed as confidential business Do not submit any information Washington, DC 20460; telephone information (CBI). This official record electronically that you consider to be number: (703) 305–7740; and e-mail includes the documents that are CBI. You may claim information that address: giles- physically located in the docket, as well you submit to EPA in response to this [email protected]. as the documents that are referenced in document as CBI by marking any part or those documents. The public version of all of that information as CBI. SUPPLEMENTARY INFORMATION: the official record does not include any Information so marked will not be I. General Information information claimed as CBI. The public disclosed except in accordance with version of the official record, which A. Does this Action Apply to Me? procedures set forth in 40 CFR part 2. includes printed, paper versions of any In addition to one complete version of You may be affected by this action if electronic comments submitted during the comment that includes any you are an agricultural producer, food an applicable comment period, is information claimed as CBI, a copy of manufacturer or pesticide manufacturer. available for inspection in the Public the comment that does not contain the Potentially affected categories and Information and Records Integrity information claimed as CBI must be entities may include, but are not limited Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public to: #2 (CM #2), 1921 Jefferson Davis version of the official record. Highway, Arlington, VA, from 8:30 a.m. Information not marked confidential to 4 p.m., Monday through Friday, will be included in the public version excluding legal holidays. The PIRIB of the official record without prior Cat- NAICS Examples of poten- telephone number is (703) 305–5805. egories codes tially affected entities notice. If you have any questions about C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, Industry 111 Crop production Comments? please consult the person identified 112 Animal production under FOR FURTHER INFORMATION 311 Food manufacturing You may submit comments through CONTACT 32532 Pesticide manufac- the mail, in person, or electronically. To turing ensure proper receipt by EPA, it is E. What Should I Consider as I Prepare imperative that you identify docket My Comments for EPA? This listing is not intended to be control number PF–908 in the subject You may find the following exhaustive, but rather provides a guide line on the first page of your response. suggestions helpful for preparing your for readers regarding entities likely to be 1. By mail. Submit your comments to: comments: affected by this action. Other types of Public Information and Records 1. Explain your views as clearly as entities not listed in the table could also Integrity Branch (PIRIB), Information possible. be affected. The North American Resources and Services Division 2. Describe any assumptions that you Industrial Classification System (7502C), Office of Pesticide Programs used. (NAICS) codes have been provided to (OPP), Environmental Protection 3. Provide copies of any technical assist you and others in determining Agency, Ariel Rios Bldg., 1200 information and/or data you used that whether or not this action might apply Pennsylvania Ave., NW., Washington, support your views. to certain entities. If you have questions DC 20460. 4. If you estimate potential burden or regarding the applicability of this action 2. In person or by courier. Deliver costs, explain how you arrived at the to a particular entity, consult the person your comments to: Public Information estimate that you provide. listed under FOR FURTHER INFORMATION and Records Integrity Branch (PIRIB), 5. Provide specific examples to CONTACT Information Resources and Services illustrate your concerns. Division (7502C), Office of Pesticide B. How Can I Get Additional 6. Make sure to submit your Programs (OPP), Environmental comments by the deadline in this Information, Including Copies of this Protection Agency, Rm. 119, CM #2, Document and Other Related notice. 1921 Jefferson Davis Highway, 7. To ensure proper receipt by EPA, Documents? Arlington, VA. The PIRIB is open from be sure to identify the docket control 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through number assigned to this action in the electronic copies of this document, and Friday, excluding legal holidays. The subject line on the first page of your certain other related documents that PIRIB telephone number is (703) 305– response. You may also provide the might be available electronically, from 5805. name, date, and Federal Register the EPA Internet Home Page at http:// 3. Electronically. You may submit citation. www.epa.gov/. To access this your comments electronically by e-mail document, on the Home Page select to: ‘‘[email protected],’’ or you can II. What Action is the Agency Taking? ‘‘Laws and Regulations’’ and then look submit a computer disk as described EPA has received a pesticide petition up the entry for this document under above. Do not submit any information as follows proposing the establishment the ‘‘Federal Register—Environmental electronically that you consider to be and/or amendment of regulations for Documents.’’ You can also go directly to CBI. Avoid the use of special characters residues of certain pesticide chemicals the Federal Register listings at http:// and any form of encryption. Electronic in or on various food commodities www.epa.gov/fedrgstr/. submissions will be accepted in under section 408 of the Federal Food, VerDate 27 Drug, and Comestic Act (FFDCA), 21 residue (TRR) was non-extractable in found on representative commodities U.S.C. 346a. EPA has determined that lettuce at the recommended application were 0.63 ppm, 0.57 ppm, 0.31 ppm, this petition contains data or rate and three times the recommended 0.64 ppm, and 0.80 ppm, for broccoli information regarding the elements set application rate, respectively. Non- (flower, head and stem), cabbage head forth in section 408(d)(2); however, EPA extractables were also low in a tomato (with wrapper leaves), cabbage head has not fully evaluated the sufficiency metabolism study; 3.4% and 7.4% in (without wrapper leaves), cabbage of the submitted data at this time or tomatoes and foliage, respectively. The wrapper leaves, and mustard greens whether the data supports granting of metabolism in these crops proceeded leaves, respectively. A tolerance of 1.0 the petition. Additional data may be via hydrolysis of benzo [1,2,3] ppm for the brassica leafy vegetable needed before EPA rules on the petition. thiadiazole-7-carbothioic acid S-methyl crop group has been proposed. This ester to benzo [1,2,3] thiadiazole-7- petition is supported by 14 field trials List of Subjects carboxylic acid (BTCA), followed by conducted on bananas. Banana samples Environmental protection, conjugation as ester, glycoside and/or were analyzed for by the total residue Agricultural commodities, Feed other plant constituents. The method REM 17.11 to determine the additives, Food additives, Pesticides metabolism profile supports the use of combined residues of acibenzolar-S- and pests, Reporting and recordkeeping an analytical enforcement method that methyl and metabolites which contain requirements. accounts for acibenzolar-S-methyl and the benzo [1,2,3] thiadiazole-7- Dated: January 24, 2000. metabolites containing the benzo [1,2,3] carboxylic acid (BTCA) moiety. The James Jones, thiadiazole-7-carboxylic acid (BTCA) maximum residue found in bananas was moiety. 0.08 ppm. A tolerance of 0.1 ppm in Director, Registration Division, Office of 2. Analytical method. Novartis Pesticide Programs. bananas has been proposed. Analytical Method AG-671A is a Summary of Petition practical and valid method for the B. Toxicological Profile determination and confirmation of CGA- 9F6004 1. Acute toxicity. The risk from acute 245704 (acibenzolar-S-methyl) in raw dietary exposure to acibenzolar-S- The petitioner summary of the agricultural commodities (RAC) and methyl is considered to be very low. pesticide petition is printed below as processing substrates from the tobacco, CGA-245704 and the formulated 50 WG required by section 408(d)(3) of the leafy (including brassica) and fruiting product have low orders of acute FFDCA. The summary of the petition vegetable crop groups at a limit of toxicity by the oral, dermal and was prepared by the petitioner and quantitation (LOQ) of 0.02 ppm. The inhalation exposure routes. Results from represents the view of the petitioner. method involves extraction, solid phase acute studies all fall within toxicity EPA is publishing the petition summary cleanup of samples with analysis by rating categories of III or IV. CGA- verbatim without editing it in any way. high performance liquid 245704 technical has a low order of The petition summary announces the chromotography (HPLC) with ultraviolet acute toxicity, is only slightly irritating availability of a description of the (UV) detection or confirmatory LC/MS. to skin and eyes, but may cause analytical methods available to EPA for The validity is demonstrated by the sensitization by skin contact. An LD50 of the detection and measurement of the acceptable accuracy and precision greater than 5,000 milligrams/kilograms pesticide chemical residues or an obtained on numerous procedural (mg/kg) was observed for the acute oral explanation of why no such method is recovery samples (radiovalidation and toxicity study in rats. The lowest no needed. field trial sample sets), and by the observed adverse effect level (NOAEL) EPA has received a pesticide petition extractability and accountability in a short-term exposure scenario, (9F6004) from Novartis Crop Protection, obtained by the analysis of weathered identified as 50 mg/kg in the rabbit and P.O. Box 18300, Greensboro, NC 27419 radioactive substrates using Analytical rat teratology studies, is 10–fold higher proposing, pursuant to section 408(d) of Method AG-671A. Novartis Analytical than the chronic NOAEL. Based on the Federal Food, Drug, and Cosmetic Method REM 172.11 is a practical and worst case assumptions, the chronic Act (FFDCA), 21 U.S.C. 346a(d), to valid method for the determination and exposure assessments (see below) did amend 40 CFR part 180 by establishing confirmation of CGA-245704 in RAC of not result in any margin of exposure a tolerance for residues of 1,2,3- bananas at a LOQ of 0.02 ppm. The (MOE) less than 3,330 for even the most benzothiadiazole-7-carbothioic acid S- method involves hydrolytic extraction, impacted population subgroup. Novartis methyl ester (acibenzolar-S-methyl) in partitioning, and solid phase cleanup of believes the MOE is greater than 100 for or on the raw agricultural commodity samples with analysis by two-column any population subgroups; EPA brassica leafy vegetables crop group and HPLC switching with UV detection. The considers MOEs of 100 or more as bananas at 1.0 and 0.1 parts per million validity is demonstrated by the satisfactory. The following are results (ppm), respectively. EPA has acceptable accuracy and precision from the acute toxicity tests conducted determined that the petition contains obtained on numerous procedural on the technical material: data or information regarding the recovery samples (banana, tomatoes, i. Rat oral LD50 > 5,000 mg/kg/bwt elements set forth in section 408(d)(2) of cucumbers, and milk). male/female (M/F) toxicity Category IV. 3. Magnitude of residues. This the FFDCA; however, EPA has not fully ii. Rat dermal LD50 > 2,000 mg/kg/bwt evaluated the sufficiency of the petition is supported by 17 field trials (M/F) toxicity Category III. submitted data at this time or whether conducted on representative members of iii. Acute inhalation LC50 > 5,000 mg/ the data supports granting of the the brassica leafy vegetable crop L (M/F) toxicity Category IV. petition. Additional data may be needed groupings. All samples were analyzed iv. Rabbit eye irritation: Minimally before EPA rules on the petition. for by the total residue method (AG- irritating—toxicity Category III. 671A) to determine the combined v. Rabbit dermal irritation: Slightly A. Residue Chemistry residues of acibenzolar-S-methyl and irritating—toxicity Category IV. 1. Plant metabolism. Novartis believes metabolites which contain the benzo vi. Dermal sensitization: Sensitizer. the metabolism of acibenzolar-S-methyl [1,2,3] thiadiazole-7-carboxylic acid 2. Genotoxicty. CGA-245704 technical has been well characterized. Only 4.6% (BTCA) moiety. In brassica leafy was not mutagenic or clastogenic and and 14.9% of the total radioactive vegetables, the maximum residues did not provoke unscheduled DNA VerDate 27 VerDate 27 VerDate 27 (NTIS) in Springfield, VA (1–800–553– Written comments may be submitted request to review and approve a revised NTIS[6847] or 703–605–6000; facsimile to Ms. Batchelor at the above address exporter and banker survey which 703–321–8547). Please provide the within 30 days of the date of expired on February 28, 1999. The following PB numbers when ordering publication. purpose of the survey is to fulfill a from NTIS: The QTRACER Program for Dated: January 20, 2000. statutory mandate (the Export-Import Tracer-Breakthrough Curve Analysis for Franklin E. Hill, Bank Act of 1945, as amended, 12 Karst and Fractured-Rock Aquifers U.S.C. 635) which directs Ex-Im Bank to Chief, CERCLA Program Services Branch, (PB99–151904), and A Lexicon of Cave Waste Management Division. report annually to the U.S. Congress any and Karst Terminology with Special action taken toward providing export [FR Doc. 00–2482 Filed 2–3–00; 8:45 am] Reference to Environmental Karst credit programs that are competitive Hydrology (PB2000–101071). BILLING CODE 6560±50±U with those offered by official foreign FOR FURTHER INFORMATION CONTACT: export credit agencies. The Act further Malcolm Field, NCEA–W (8623D), U.S. stipulates that the annual report on EQUAL EMPLOYMENT OPPORTUNITY Environmental Protection Agency, competitiveness should include the COMMISSION Washington, DC 20460; phone: 202– results of a survey of lending 564–3279; facsimile: 202–565–0079; Sunshine Act Meeting institutions to determine whether their e-mail: [email protected]. export financing is competitive with AGENCY HOLDING THE MEETING: that of their foreign counterparts. Dated: January 19, 2000. Equal Employment Opportunity Commission. Accordingly, Ex-Im Bank is requesting George W. Alapas, DATE AND TIME: Tuesday, February 29, that the proposed survey (EIB No. 00– Acting Director, National Center for 02) be sent to approximately 50 Environmental Assessment. 2000 at 2:00 P.M. (Eastern Time). (This Meeting was rescheduled from Tuesday, respondents, split equally between [FR Doc. 00–2480 Filed 2–3–00; 8:45 am] January 25, 2000) bankers and exporters. The new survey BILLING CODE 6560±50±P PLACE: Conference Room on the Ninth is the same as in previous years as it Floor of the EEOC Office Building, 1801 asks bankers and exporters to evaluate the competitiveness of Ex-Im Bank’s ‘‘L’’ Street, NW, Washington, DC 20507. ` ENVIRONMENTAL PROTECTION programs vis-a-vis foreign export credit STATUS: The meeting will be closed to AGENCY agencies. However, it has been modified the public. [FRL±6532±8] in order to account for newer policies MATTERS TO BE CONSIDERED: and to capture enough information to Lakewood Battery Superfund Site Closed Session provide a better analysis of our Notice of Proposed Settlement competitiveness. Review of Pending Litigation. AGENCY: DATES: Environmental Protection Note: Any matter not discussed or Written comments should be Agency. concluded may be carried over to a later received on or before March 6, 2000. ACTION: Notice of settlement. meeting. (In addition to publishing notices ADDRESSES: Direct all written comments on EEOC Commission meetings in the or requests for additional information to SUMMARY: In accordance with Section Federal Register, the Commission also David Rostker, Office of Management 122(i) of the Comprehensive provides a recorded announcement a full and Budget, Information and Regulatory Environmental Response, week in advance on future Commission Affairs, New Executive Office Building, Compensation, and Liability Act, as sessions). Please telephone (202) 663–7100 Washington, D.C. 20503, (202) 395– (voice) and (202) 663–4074 (TTD) at any time amended (‘‘CERCLA’’), 42 U.S.C. 3897. 9622(i), notice is hereby given of a for information on these meetings. proposed administrative settlement for CONTACT PERSON FOR FURTHER FOR FURTHER INFORMATION CONTACT: recovery of past response costs INFORMATION: Frances M. Hart, Executive Carlista Robinson (202) 565–3351 concerning the Lakewood Battery Site in Officer on (202) 663–4070. SUPPLEMENTARY INFORMATION: Type of Request: Revision. Atlanta, Fulton County, Georgia with Dated: February 2, 2000. the following Settling Parties: the 162 Annual Number of Respondents: 50. Frances M. Hart, Milton Avenue Trust and Doris V. Annual Burden Hours: 50. Henderson. The settlement requires the Executive Officer, Executive Secretariat. Frequency of Reporting or Use: Settling Parties to pay a total of $25,000 [FR Doc. 00–2682 Filed 2–2–00; 1:39 pm] Annual survey. to the Hazardous Substance Superfund. BILLING CODE 6750±06±M Dated: January 31, 2000. The settlement includes a covenant not Carlista Robinson, to sue the Settling Parties pursuant to 42 EXPORT-IMPORT BANK OF THE Agency Clearance Officer. U.S.C. 9607(a). EPA will consider public [FR Doc. 00–2507 Filed 2–3–00; 8:45 am] comments on the proposed settlement UNITED STATES for thirty days. EPA may withdraw from BILLING CODE 6690±01±M or modify the proposed settlement Agency Information Collection should such comments disclose facts or Activities; Proposed Collection; considerations which indicate the Comment Request FEDERAL RESERVE SYSTEM proposed settlement is inappropriate, AGENCY: Export-Import Bank of the Formations of, Acquisitions by, and improper, or inadequate. Copies of the United States. Mergers of Bank Holding Companies proposed settlement are available ACTION: Notice. from:Ms. Paula V. Batchelor,U.S. The companies listed in this notice Environmental Protection Agency, SUMMARY: Under the provisions of the have applied to the Board for approval, Region IV,CERCLA Program Services Paperwork Reduction Act of 1995 the pursuant to the Bank Holding Company Branch,Waste Management Division, 61 Export-Import Bank of the United States Act of 1956 (12 U.S.C. 1841 et seq.) Forsyth Street, S.W., Atlanta, Georgia is submitting to the Office of (BHC Act), Regulation Y (12 CFR Part 30303,404/562–8887. Management and Budget (OMB) a 225), and all other applicable statutes VerDate 27 VerDate 27 VerDate 27 Responses Form Number of per Hours per Total hour respondents respondent response burden Hospital Facility Data Abstract ...... 150 1 1 150 Send comments to Susan G. Queen, may be eligible for available FY 2001 FOR FURTHER INFORMATION CONTACT: For Ph.D., HRSA Reports Clearance Officer, funding (assuming continued further information, contact the Room 14–33, Parklawn Building, 5600 appropriations) to support further Community Access Program Office: Fishers Lane, Rockville, MD 20857. infrastructure development and filling Community Access Program Office, Written comments should be received service gaps. In addition, using the Health Resources and Services within 60 days of this notice. experiences of the FY 2000 funded Administration, Parklawn Building, Dated: January 28, 2000. communities as potential models for Suite 9A–30, 5600 Fishers Lane, Jane Harrison, adaptation, FY 2001 funding is Rockville, MD 20857, Phone: (301) 443– anticipated for support of new 0536, Fax: (301) 443–0248. Director, Division of Policy Review and Coordination. communities for planning and system SUPPLEMENTARY INFORMATION: In 1998, development. Thus, communities that [FR Doc. 00–2433 Filed 2–3–00; 8:45 am] 44.5 million people in the United States have not yet begun the planning and did not have health insurance. Of these, BILLING CODE 4160±15±P development of necessary 24.6 million were employed—18.7 organizational structure should have an million worked full time and 5.9 million DEPARTMENT OF HEALTH AND opportunity to apply in FY 2001. worked part time. HUMAN SERVICES Over the years that the program is The uninsured and underinsured funded, funds are anticipated to be often have complex medical needs, Health Resources and Services available to fill service gaps within remain outside organized systems of Administration coordinated systems of care. care, and have insufficient resources to This program shares some of the same obtain care. They may defer care or not Availability of Funds for Grants for the goals of the W.K. Kellogg Foundation’s receive needed services, and they are Community Access Program Community Voices Program and the about half as likely to receive a routine Robert Wood Johnson Foundation’s check-up as insured adults. The AGENCY: Health Resources and Services uninsured and underinsured also rely Administration, HHS. Communities in Charge Program. Thus, CAP will take into account the heavily on expensive emergency rooms, ACTION: Notice of availability of funds. experiences of these foundations as well and because they lack a routine source SUMMARY: The Health Resources and as other programs that promote the of care, they often do not receive needed Services Administration (HRSA) integration of services to the uninsured follow-up services. announces the availability of $25 and underinsured. Many of the uninsured and million to assist communities and their DATES: The timeline for application underinsured rely on the nation’s safety net providers in developing submission, review, and award are as institutions, systems, and individual integrated health care delivery systems follows: health professionals that provide a significant volume of health care that serve the uninsured and February 10, 2000: Application kits services without regard for ability to underinsured with greater efficiency and additional guidance will be pay. In many communities, these and improved quality of care. The $25 available through the HRSA Grants providers are struggling to care for the million in available funding has been Application Center (GAC). increasing numbers of uninsured and appropriated under the FY 2000 HHS March 7–16, 2000: There will be a underinsured individuals. They face Appropriations Act. series of six pre-application workshops many challenges such as an uneven In FY 2000, HRSA will provide conducted across the country: Boston, distribution of the burden of funding for approximately 20 MA—March 7, 2000; Atlanta, GA— uncompensated care, the fragmentation communities to further their March 8, 2000; Chicago, IL—March 9, of services for the uninsured, development of integrated delivery 2000; Dallas, TX—March 14, 2000; Los insufficient numbers of certain types of systems for the uninsured and Angeles, CA—March 15, 2000; Seattle, providers, reduced Medicaid revenues, underinsured. Grants will vary in size, WA March 16, 2000. and a growing need for mental health based on the scope of the project and June 1, 2000: Applications due. the size of the service area. and substance abuse services. July 3–17, 2000: Applications While integration among these During the first year of funding for reviewed. this program, HRSA will support providers is critical to serve the August 2000: Site visits to selected uninsured and underinsured with infrastructure development in applicants. communities that have already begun to greater efficiency and to improve quality September 2000: Grant awards reorganize and integrate their health of care, many of these providers are so announced. care delivery systems. FY 2000 funding pressured by basic caregiving tasks, that is not intended to support those ADDRESSES: To receive a complete they need assistance to coordinate their communities that have not yet begun application kit (i.e., application efforts with other providers and to the planning and development of instructions, necessary forms, and develop integrated community-based necessary organizational structure. application review criteria), contact the systems of care. Up to 100 communities may HRSA GAC at: HRSA GAC, 1815 N. Fort The Community Access Program ultimately be funded as part of this Meyer Drive, Suite 300, Arlington, VA national program targeted by the 22209, Phone: 1–877-HRSA–123, Fax: Program Purpose Administration to spend $1 billion over 1–877-HRSA–345, E-Mail: The purpose of this program is to five years. FY 2000 funded communities [email protected] assist communities and consortia of VerDate 27 VerDate 27 VerDate 27 Dated: January 28, 2000. 71. Subpart C of the Guidelines, DrugProof, Division of Dynacare/Laboratory Jane M. Harrison, ‘‘Certification of Laboratories Engaged of Pathology, LLC,1229 Madison St., Suite 500, Nordstrom Medical Tower,Seattle, Director, Division of Policy Review and in Urine Drug Testing for Federal WA 98104,206–386–2672/800–898– Coordination. Agencies,’’ sets strict standards which 0180,(Formerly: Laboratory of Pathology of [FR Doc. 00–2434 Filed 2–3–00; 8:45 am] laboratories must meet in order to Seattle, Inc., DrugProof,Division of BILLING CODE 4160±15±P conduct urine drug testing for Federal Laboratory of Pathology of Seattle, Inc.). agencies. To become certified an DrugScan, Inc.,P.O. Box 2969,1119 Mearns applicant laboratory must undergo three Rd.,Warminster, PA 18974,215–674–9310. DEPARTMENT OF HEALTH AND rounds of performance testing plus an Dynacare Kasper Medical HUMAN SERVICES on-site inspection. To maintain that Laboratories*,14940–123 Ave.,Edmonton, certification a laboratory must Alberta,Canada T5V 1B4,780–451–3702/ Substance Abuse and Mental Health participate in a quarterly performance 800–661–9876. Services Administration ElSohly Laboratories, Inc.,5 Industrial Park testing program plus periodic, on-site Dr.,Oxford, MS 38655,601–236–2609. inspections. Current List of Laboratories Which Gamma-Dynacare Medical Laboratories*,A Meet Minimum Standards To Engage in Laboratories which claim to be in the Division of the Gamma-Dynacare Laboratory Partnership,245 Pall Mall Urine Drug Testing for Federal applicant stage of certification are not to be considered as meeting the minimum St.,London, ON,Canada N6A 1P4,519–679– Agencies, and Laboratories That Have 1630. Withdrawn From the Program requirements expressed in the HHS Guidelines. A laboratory must have its General Medical Laboratories,36 South Brooks St.,Madison, WI 53715,608–267– AGENCY: Substance Abuse and Mental letter of certification from SAMHSA, 6267. Health Services Administration, HHS. HHS (formerly: HHS/NIDA) which Hartford Hospital Toxicology Laboratory,80 ACTION: Notice. attests that it has met minimum Seymour St.,Hartford, CT 06102–5037,860– standards. 545–6023. SUMMARY: The Department of Health and In accordance with Subpart C of the Info-Meth,112 Crescent Ave.,Peoria, IL Human Services notifies Federal Guidelines, the following laboratories 61636,309–671–5199/800–752– agencies of the laboratories currently meet the minimum standards set forth 1835,(Formerly: Methodist Medical Center Toxicology Laboratory). certified to meet standards of Subpart C in the Guidelines: of Mandatory Guidelines for Federal Integrated Regional Laboratories,5631 NW Workplace Drug Testing Programs (59 ACL Laboratories,8901 W. Lincoln Ave.,West 33rd Avenue,Fort Lauderdale, FL FR 29916, 29925). A similar notice Allis, WI 53227,414–328–7840/800–877– 33309,954–777–0018, 800–522– 7016,(Formerly: Bayshore Clinical 0232,(Formerly: Cedars Medical Center, listing all currently certified laboratories Laboratory). Department of Pathology). will be published during the first week Advanced Toxicology Network,3560 Air Kroll Laboratory Specialists, Inc.,1111 of each month, and updated to include Center Cove, Suite 101,Memphis, TN Newton St.,Gretna, LA 70053,504–361– laboratories which subsequently apply 38118,901–794–5770/888–290–1150. 8989/800–433–3823,(Formerly: Laboratory for and complete the certification Aegis Analytical Laboratories, Inc.,345 Hill Specialists, Inc.). process. If any listed laboratory’s Ave.,Nashville, TN 37210,615–255–2400. Laboratory Corporation of America certification is totally suspended or Alabama Reference Laboratories, Inc.,543 Holdings,1904 Alexander Drive,Research revoked, the laboratory will be omitted South Hull St.,Montgomery, AL Triangle Park, NC 27709,919–572–6900/ from updated lists until such time as it 36103,800–541–4931/334–263–5745. 800–833–3984,(Formerly: LabCorp Alliance Laboratory Services,3200 Burnet Occupational Testing Services, Inc., is restored to full certification under the Ave.,Cincinnati, OH 45229,513–585– CompuChem Laboratories, Inc.; Guidelines. 9000,(Formerly: Jewish Hospital of CompuChem Laboratories, Inc., A If any laboratory has withdrawn from Cincinnati, Inc.). Subsidiary of Roche Biomedical the National Laboratory Certification American Medical Laboratories, Inc.,14225 Laboratory; Roche CompuChem Program during the past month, it will Newbrook Dr.,Chantilly, VA 20151,703– Laboratories, Inc., A Member of the Roche be listed at the end, and will be omitted 802–6900. Group). from the monthly listing thereafter. Associated Pathologists Laboratories, Laboratory Corporation of America This Notice is available on the Inc.,4230 South Burnham Ave., Suite Holdings,4022 Willow Lake internet at the following website: http:/ 250,Las Vegas, NV 89119–5412,702–733– Blvd.,Memphis, TN 38118,901–795–1515/ /wmcare.samhsa.gov 7866/800–433–2750. 800–233–6339,(Formerly: LabCorp Baptist Medical Center—Toxicology Occupational Testing Services, FOR FURTHER INFORMATION CONTACT: Mrs. Laboratory,9601 I–630, Exit 7,Little Rock, Inc.,MedExpress/National Laboratory Giselle Hersh or Dr. Walter Vogl, AR 72205–7299,501–202–2783,(Formerly: Center). Division of Workplace Programs, 5600 Forensic Toxicology Laboratory Baptist LabOne, Inc.,10101 Renner Blvd.,Lenexa, KS Fishers Lane, Rockwall 2 Building, Medical Center). 66219,913–888–3927/800–728– Room 815, Rockville, Maryland 20857; Clinical Reference Lab,8433 Quivira 4064,(Formerly: Center for Laboratory Tel.: (301) 443–6014, Fax: (301) 443– Rd.,Lenexa, KS 66215–2802800–445–6917. Services, a Division of LabOne, Inc.) 3031. Cox Health Systems, Department of Laboratory Corporation of America Toxicology,1423 North Jefferson Holdings,69 First Ave.,Raritan, NJ SPECIAL NOTE: Please use the above Ave.,Springfield, MO 65802,800–876– 08869,908–526–2400/800–437– address for all surface mail and 3652/417–269–3093,(Formerly: Cox 4986,(Formerly: Roche Biomedical correspondence. For all overnight mail Medical Centers). Laboratories, Inc.) service use the following address: Dept. of the Navy, Navy Drug Screening Marshfield Laboratories,Forensic Toxicology Division of Workplace Programs, 5515 Laboratory,Great Lakes, IL,P.O. Box 88– Laboratory,1000 North Oak Security Lane, Room 815, Rockville, 6819,Great Lakes, IL 60088–6819,847–688– Ave.,Marshfield, WI 54449,715–389–3734/ Maryland 20852. 2045/847–688–4171. 800–331–3734 Diagnostic Services Inc., dba DSI,12700 MAXXAM Analytics Inc.*,5540 McAdam SUPPLEMENTARY INFORMATION: Westlinks Drive,Fort Myers, FL 33913,941– Rd.,Mississauga, ON,Canada L4Z 1P1,905– Mandatory Guidelines for Federal 561–8200/800–735–5416. 890–2555,(Formerly: NOVAMANN Workplace Drug Testing were developed Doctors Laboratory, Inc.,P.O. Box 2658,2906 (Ontario) Inc.) in accordance with Executive Order Julia Dr.,Valdosta, GA 31604,912–244– Medical College Hospitals Toxicology 12564 and section 503 of Pub. L. 100– 4468. Laboratory,Department of Pathology,3000 VerDate 27 Arlington Ave.,Toledo, OH 43614,419– Laboratories, Damon/MetPath, CORNING & Clinics,2703 Clark Lane, Suite B, Lower 383–5213 Clinical Laboratories) Level,Columbia, MO 65202,573–882–1273 MedTox Laboratories, Inc.,402 W. County Rd. Quest Diagnostics Incorporated,801 East Toxicology Testing Service, Inc.,5426 N.W. D,St. Paul, MN 55112,651–636–7466/800– Dixie Ave.,Leesburg, FL 34748,352–787– 79th Ave.,Miami, FL 33166,305–593–2260 832–3244 9006,(Formerly: SmithKline Beecham UNILAB,18408 Oxnard St.,Tarzana, CA MetroLab-Legacy Laboratory Services,1225 Clinical Laboratories, Doctors & Physicians 91356,818–996–7300/800–492– NE 2nd Ave.,Portland, OR 97232,503–413– Laboratory) 0800,(Formerly: MetWest-BPL Toxicology 5295/800–950–5295 Quest Diagnostics Incorporated,400 Egypt Laboratory) Minneapolis Veterans Affairs Medical Rd.,Norristown, PA 19403,610–631–4600/ Universal Toxicology Laboratories, Center,Forensic Toxicology Laboratory,1 800–877–7484,(Formerly: SmithKline LLC,10210 W. Highway 80,Midland, Texas Veterans Drive,Minneapolis, Minnesota Beecham Clinical Laboratories, SmithKline 79706,915–561–8851/888–953–8851 55417,612–725–2088 Bio-Science Laboratories) The following laboratory is voluntarily National Toxicology Laboratories, Inc.,1100 Quest Diagnostics Incorporated,875 withdrawing from the NLCP program, California Ave.,Bakersfield, CA 93304,661– Greentree Rd., 4 Parkway Ctr.,Pittsburgh, effective February 1, 2000: Quest Diagnostics 322–4250 PA 15220–3610,412–920–7733/800–574– LLC (IL), 1355 Mittel Blvd., Wood Dale, IL NWT Drug Testing,1141 E. 3900 South,Salt 2474,(Formerly: Med-Chek Laboratories, 60191, 630–595–3888, (Formerly: Quest Lake City, UT 84124,801–268–2431/800– Inc., Med-Chek/Damon, MetPath Diagnostics Incorporated, MetPath, Inc., 322–3361,(Formerly: NorthWest Laboratories, CORNING Clinical CORNING MetPath Clinical Laboratories, Toxicology, Inc.) Laboratories) CORNING Clinical Laboratories Inc.) One Source Toxicology Laboratory, Inc.,1705 Quest Diagnostics Incorporated,506 E. State Richard Kopanda, Center Street,Deer Park, TX 77536,713– Pkwy.,Schaumburg, IL 60173,800–669– 920–2559,(Formerly: University of Texas 6995/847–885–2010,(Formerly: SmithKline Executive Officer, Substance Abuse and Medical Branch, Clinical Chemistry Beecham Clinical Laboratories, Mental Health Services Administration. Division; UTMB Pathology-Toxicology International Toxicology Laboratories) [FR Doc. 00–2461 Filed 2–3–00; 8:45 am] Laboratory) Quest Diagnostics Incorporated,7470 Mission BILLING CODE 4160±20±U Oregon Medical Laboratories,P.O. Box Valley Rd.,San Diego, CA 92108–4406,619– 972,722 East 11th Ave.,Eugene, OR 97440– 686–3200/800–446–4728,(Formerly: 0972,541–687–2134 Nichols Institute, Nichols Institute Pacific Toxicology Laboratories,6160 Variel Substance Abuse Testing (NISAT), DEPARTMENT OF HOUSING AND Ave.,Woodland Hills, CA 91367,818–598– CORNING Nichols Institute, CORNING URBAN DEVELOPMENT 3110,(Formerly: Centinela Hospital Airport Clinical Laboratories) Toxicology Laboratory) Quest Diagnostics of Missouri LLC,2320 Pathology Associates Medical Schuetz Rd.,St. Louis, MO 63146,314–991– [Docket No. FR±4557±N±05] Laboratories,11604 E. Indiana,Spokane, 1311/800–288–7293,(Formerly: Quest WA 99206,509–926–2400/800–541–7891 Diagnostics Incorporated, Metropolitan Federal Property Suitable as Facilities PharmChem Laboratories, Inc.,1505–A Reference Laboratories, Inc., CORNING To Assist the Homeless O’Brien Dr.,Menlo Park, CA 94025,650– Clinical Laboratories, South Central 328–6200/800–446–5177 Division) AGENCY: Office of the Assistant PharmChem Laboratories, Inc., Texas Quest Diagnostics Incorporated,One Malcolm Secretary for Community Planning and Division,7606 Pebble Dr.,Fort Worth, TX Ave.,Teterboro, NJ 07608,201–393– Development, HUD. 76118,817–215–8800,(Formerly: Harris 5590,(Formerly: MetPath, Inc., CORNING ACTION: Medical Laboratory) MetPath Clinical Laboratories, CORNING Notice. Physicians Reference Laboratory,7800 West Clinical Laboratory) SUMMARY: 110th St.,Overland Park, KS 66210,913– Quest Diagnostics Incorporated,7600 Tyrone This Notice identifies 339–0372/800–821–3627 Ave.,Van Nuys, CA 91405,818–989–2520/ unutilized, underutilized, excess, and Poisonlab, Inc.,7272 Clairemont Mesa 800–877–2520,(Formerly: SmithKline surplus Federal property reviewed by Blvd.,San Diego, CA 92111,619–279–2600/ Beecham Clinical Laboratories) 800–882–7272 San Diego Reference Laboratory,6122 Nancy * The Standards Council of Canada (SCC) voted Quest Diagnostics Incorporated,3175 Ridge Dr.,San Diego, CA 92121,800–677– to end its Laboratory Accreditation Program for Presidential Dr.,Atlanta, GA 30340,770– 7995 Substance Abuse (LAPSA) effective May 12, 1998. 452–1590,(Formerly: SmithKline Beecham Scientific Testing Laboratories, Inc.,463 Laboratories certified through that program were Clinical Laboratories, SmithKline Bio- Southlake Blvd.,Richmond, VA 23236,804– accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation Science Laboratories) 378–9130 (DOT) regulations. As of that date, the certification Quest Diagnostics Incorporated,4444 Scott & White Drug Testing Laboratory,600 S. of those accredited Canadian laboratories will Giddings Road,Auburn Hills, MI 25th St.,Temple, TX 76504,254–771–8379/ continue under DOT authority. The responsibility 48326,810–373–9120/800–444– 800–749–3788 for conducting quarterly performance testing plus 0106,(Formerly: HealthCare/Preferred S.E.D. Medical Laboratories,5601 Office periodic on-site inspections of those LAPSA- Laboratories, HealthCare/MetPath, Blvd.,Albuquerque, NM 87109,505–727– accredited laboratories was transferred to the U.S. CORNING Clinical Laboratories) 6300/800–999–5227 DHHS, with the DHHS’ National Laboratory Quest Diagnostics Incorporated, National South Bend Medical Foundation, Inc.,530 N. Certification Program (NLCP) contractor continuing to have an active role in the performance testing Center for Forensic Science,1901 Sulphur Lafayette Blvd.,South Bend, IN 46601,219– and laboratory inspection processes. Other Spring Rd.,Baltimore, MD 21227,410–536– 234–4176 Canadian laboratories wishing to be considered for 1485,(Formerly: Maryland Medical Southwest Laboratories,2727 W. Baseline the NLCP may apply directly to the NLCP Laboratory, Inc., National Center for Rd.,Tempe, AZ 85283,602–438–8507 contractor just as U.S. laboratories do. Forensic Science, CORNING National Sparrow Health System,Toxicology Testing Upon finding a Canadian laboratory to be Center for Forensic Science) Center,St. Lawrence Campus,1210 W. qualified, the DHHS will recommend that DOT Quest Diagnostics Incorporated,8000 Saginaw,Lansing, MI 48915,517–377– certify the laboratory (Federal Register, 16 July Sovereign Row,Dallas, TX 75247,214–638– 0520,(Formerly: St. Lawrence Hospital & 1996) as meeting the minimum standards of the 1301,(Formerly: SmithKline Beecham Healthcare System) ‘‘Mandatory Guidelines for Workplace Drug Testing’’ (59 Federal Register, 9 June 1994, Pages Clinical Laboratories, SmithKline Bio- St. Anthony Hospital Toxicology 29908–29931). After receiving the DOT Science Laboratories) Laboratory,1000 N. Lee St.,Oklahoma City, certification, the laboratory will be included in the Quest Diagnostics Incorporated,4770 Regent OK 73101,405–272–7052 monthly list of DHHS certified laboratories and Blvd.,Irving, TX 75063,972–916–3376/800– Toxicology & Drug Monitoring participate in the NLCP certification maintenance 526–0947,(Formerly: Damon Clinical Laboratory,University of Missouri Hospital program. VerDate 27 HUD for suitability for possible use to as possible. For complete details Dated: January 28, 2000. assist the homeless. concerning the processing of Fred Karnas, Jr., FOR FURTHER INFORMATION CONTACT: applications, the reader is encouraged to Deputy Assistant Secretary for Special Needs Clifford Taffet, room 7266, Department refer to the interim rule governing this Assistance Programs. of Housing and Urban Development, program, 24 CFR part 581. Title V, Federal Surplus Property Program 451 Seventh Street SW, Washington, DC For properties listed as suitable/to be Federal Register Report for 2/4/00 20410; telephone (202) 708–1234; TTY excess, that property may, if Suitable/Available Properties number for the hearing- and speech- subsequently accepted as excess by Buildings (by State) impaired (202) 708–2565 (these GSA, be made available for use by the telephone numbers are not toll-free), or homeless in accordance with applicable Maryland call the toll-free Title V information line law, subject to screening for other Bldg. 139 at 1–800–927–7588. Naval Surface Warfare Center Federal use. At the appropriate time, SUPPLEMENTARY INFORMATION: In Carderock Division HUD will publish the property in a accordance with 24 CFR part 581 and West Bethesda Co: Montgomery MD 20817– Notice showing it as either suitable/ section 501 of the Stewart B. McKinney 5700 available or suitable/unavailable. Landholding Agency: Navy Homeless Assistance Act (42 U.S.C. Property Number: 77200010032 11411), as amended, HUD is publishing For properties listed as suitable/ Status: Utilized this Notice to identify Federal buildings unavailable, the landholding agency has Comment: 4950 sq. ft., possible asbestos/lead and other real property that HUD has decided that the property cannot be paint, most recent use—wind tunnel, off- reviewed for suitability for use to assist declared excess or made available for site use only. the homeless. The properties were use to assist the homeless, and the Washington reviewed using information provided to property will not be available. Moses Lake U.S. Army Rsv Ctr HUD by Federal landholding agencies Properties listed as unsuitable will Grant County Airport regarding unutilized and underutilized not be made available for any other Moses Lake Co: Grant WA 98837– buildings and real property controlled Landholding Agency: GSA purpose for 20 days from the date of this by such agencies or by GSA regarding Property Number: 21199630118 Notice. Homeless assistance providers its inventory of excess or surplus Status: Surplus interested in a review by HUD of the Comment: 4499 sq. ft./2.86 acres, most recent Federal property. This Notice is also use—admin., temporary permit from COE published in order to comply with the determination of unsuitability should call the toll free information line at 1– granted to an organization, FAA December 12, 1988 Court Order in recommended land not be used for National Coalition for the Homeless v. 800–927–7588 for detailed instructions residential use due to aircraft noise Veterans Administration, No. 88–2503– or write a letter to Clifford Taffet at the problem, restriction OG (D.D.C.). address listed at the beginning of this GSA Number: 9–D–WA–1141. Properties reviewed are listed in this Notice. Included in the request for Unsuitable Properties Notice according to the following review should be the property address categories: Suitable/available, suitable/ (including zip code), the date of Buildings (by State) unavailable, suitable/to be excess, and publication in the Federal Register, the Colorado unsuitable. The properties listed in the landholding agency, and the property Bldg. 776 three suitable categories have been number. Rocky Flats Environmental reviewed by the landholding agencies, Tech Site For more information regarding Golden Co: Jefferson CO 80020– and each agency has transmitted to particular properties identified in this HUD: (1) Its intention to make the Landholding Agency: Energy Notice (i.e., acreage, floor plan, existing Property Number: 41200010001 property available for use to assist the sanitary facilities, exact street address), Status: Excess homeless, (2) its intention to declare the providers should contact the Reasons: Within 2000 ft. of flammable or property excess to the agency’s needs, or explosive material, Secured Area. (3) a statement of the reasons that the appropriate landholding agencies at the following addresses: ENERGY: Mr. Tom Bldg. 777 property cannot be declared excess or Rocky Flats Environmental made available for use as facilities to Knox, Department of Energy, Office of Tech Site assist the homeless. Contract and Resource Management, Golden Co: Jefferson CO 80020– Properties listed as suitable/available MA–53, Washington, DC 20585; (202) Landholding Agency: Energy will be available exclusively for 586–8715; GSA: Mr. Brian K. Polly, Property Number: 41200010002 homeless use for a period of 60 days Assistant Commissioner, General Status: Excess Services Administration, Office of Reasons: Within 2000 ft. of flammable or from the date of this Notice. Homeless explosive material, Secured Area. assistance providers interested in any Property Disposal, 18th and F Streets, Bldg. 778 such property should send a written NW, Washington, DC 20405; (202) 501– Rocky Flats Environmental expression of interest to HHS, addressed 0052; NAVY: Mr. Charles C. Cocks, Tech Site to Brian Rooney, Division of Property Department of the Navy, Director, Real Golden Co: Jefferson CO 80020– Management, Program Support Center, Estate Policy Division, Naval Facilities Landholding Agency: Energy HHS, room 5B–41, 5600 Fishers Lane, Engineering Command, Washington Property Number: 41200010003 Rockville, MD 20857; (301) 443–2265. Navy Yard, 1322 Patterson Ave., SE, Status: Excess Reasons: Within 2000 ft. of flammable or (This is not a toll-free number.) HHS Suite 1000, Washington, DC 20374– will mail to the interested provider an explosive material, Secured Area. 5065; (202) 685–9200; (These are not Structure 712–712A application packet, which will include toll-free numbers). instructions for completing the Rocky Flats Environmental Tech Site application. In order to maximize the Golden Co: Jefferson CO 80020– opportunity to utilize a suitable Landholding Agency: Energy property, providers should submit their Property Number: 41200010004 written expressions of interest as soon Status: Excess VerDate 27 Reasons: Within 2000 ft. of flammable or Bldg. 130 DEPARTMENT OF THE INTERIOR explosive material, Secured Area. CBC Gulfport Structure 713–713A Gulfport Co: Harrison MS 39501– FISH AND WILDLIFE SERVICE Rocky Flats Environmental Landholding Agency: Navy Tech Site Property Number: 77200010025 Notice of Availability of an Golden Co: Jefferson CO 80020– Status: Unutilized Environmental Assessment/Habitat Landholding Agency: Energy Reasons: Secured Area, Extensive Conservation Plan for Issuance of an Property Number: 41200010005 deterioration. Endangered Species Act Section Status: Excess Bldg. 368 10(a)(1)(B) Permit for the Incidental Reasons: Within 2000 ft. of flammable or CBC Gulfport Take of the Houston Toad During explosive material, Secured Area. Gulfport Co: Harrison MS 39501– Construction of a Single Family Structure 771 TUN Landholding Agency: Navy Residence on Two Lots in the Circle D Rocky Flats Environmental Property Number: 77200010026 Tech Site Country Acres Subdivision, Bastrop Status: Unutilized Golden Co: Jefferson CO 80020– County, Texas Landholding Agency: Energy Reasons: Secured Area, Extensive SUMMARY: Cornerstone Construction Property Number: 41200010006 deterioration. Status: Excess Bldg. 390 (Applicant) has applied to the U.S. Fish Reasons: Within 2000 ft. of flammable or CBC Gulfport and Wildlife Service (Service) for an explosive material, Secured Area. Gulfport Co: Harrison MS 39501– incidental take permit pursuant to Structure 776A–781 Landholding Agency: Navy Section 10(a) of the Endangered Species Rocky Flats Environmental Property Number: 77200010027 Act (Act). The Applicant has been Tech Site Status: Unutilized assigned permit number TE–021793. Golden Co: Jefferson CO 80020– Reasons: Secured Area, Extensive The requested permit, which is for a Landholding Agency: Energy deterioration. period of 5 years, would authorize the Property Number: 41200010007 Unsuitable Properties incidental take of the endangered Status: Excess Houston Toad (Bufo houstonensis). The Reasons: Within 2000 ft. of flammable or Land (by State) explosive material, Secured Area. proposed take would occur as a result Maryland of the construction and occupation of Florida Land—5000 sq. ft. one single family residence on Lot 17, Bldg. A–952 Naval Air Station Section 5 and Lot 21, Section 6 in the Naval Air Station Patuxent River Co: MD 20670–1603 Circle D Country Acres Subdivision, Boca Chica Landholding Agency: Navy Bastrop County, Texas. Key West Co: Monroe FL 33040– Property Number: 77200010023 The Service has prepared the Landholding Agency: Navy Status: Unutilized Property Number: 77200010034 Environmental Assessment/Habitat Reason: Secured Area. Status: Unutilized Conservation Plan (EA/HCP) for the Reason: Extensive deterioration. New Hampshire incidental take application. A Bldg. A–962 Parcel #4 determination of jeopardy to the species Naval Air Station Portsmouth Naval Shipyard or a Finding of No Significant Impact Boca Chica Portsmouth Co: NH 03804–5000 (FONSI) will not be made before 30 days Key West Co: Monroe FL 33040– Landholding Agency: Navy from the date of publication of this Landholding Agency: Navy Property Number: 77200010028 notice. This notice is provided pursuant Property Number: 77200010035 Status: Underutilized to Section 10(c) of the Act and National Status: Unutilized Reasons: Within 2000 ft. of flammable or Environmental Policy Act regulations Reason: Extensive deterioration. explosive material, Secured Area. (40 CFR 1506.6). Bldg. A–1105 Parcel #5 DATES: Written comments on the Naval Air Station Portsmouth Naval Shipyard Boca Chica application should be received on or Portsmouth Co: NH 03804–5000 before March 6, 2000. Key West Co: Monroe FL 33040– Landholding Agency: Navy ADDRESSES: Landholding Agency: Navy Property Number: 77200010029 Persons wishing to review Property Number: 77200010036 Status: Underutilized the application may obtain a copy by Status: Unutilized Reasons: Within 2000 ft. of flammable or writing to the Regional Director, US Reason: Extensive deterioration. explosive material, Secured Area. Fish and Wildlife Service, P.O. Box Maryland Parcel #6 1306, Albuquerque, New Mexico 87103. Bldg. 163 Portsmouth Naval Shipyard Persons wishing to review the EA/HCP Naval Surface Warfare Center Portsmouth Co: NH 03804–5000 may obtain a copy by contacting Carderock Division Landholding Agency: Navy Tannika Engelhard, Ecological Services West Bethesda Co: Montgomery MD 20817– Property Number: 77200010030 Field Office, 10711 Burnet Road, Suite 5700 Status: Underutilized 200, Austin, Texas 78758 (512/490– Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or 0057). Documents will be available for Property Number: 77200010033 explosive material, Secured Area. Status: Unutilized public inspection by written request or Reason: Extensive deterioration. Parcel #7 by appointment only during normal Portsmouth Naval Shipyard business hours (8:00 to 4:30) at U.S. Mississippi Portsmouth Co: NH 03804–5000 Fish and Wildlife Service, Austin, Bldg. 49 Landholding Agency: Navy Texas. Written data or comments CBC Gulfport Property Number: 77200010031 concerning the application and EA/HCP Gulfport Co: Harrison MS 39501– Status: Underutilized Landholding Agency: Navy should be submitted to the Field Reasons: Within 2000 ft. of flammable or Supervisor, Ecological Services Field Property Number: 77200010024 explosive material, Secured Area. Status: Unutilized Office, Austin, Texas at the above Reasons: Secured Area, Extensive [FR Doc. 00–2314 Filed 2–3–00; 8:45 am] address. Please refer to permit number deterioration. BILLING CODE 4210±29±M TE–021793 when submitting comments. VerDate 27 FOR FURTHER INFORMATION CONTACT: period of 5 years, would authorize the proposes to compensate for this Tannika Engelhard at the above Austin incidental take of the endangered incidental take of the Houston Toad by Ecological Service Field Office. Houston Toad (Bufo houstonensis). The contributing $1,500.00 to the National SUPPLEMENTARY INFORMATION: Section 9 proposed take would occur as a result Fish and Wildlife Foundation for the of the Act prohibits the ‘‘taking’’ of of the construction and occupation of specific purpose of land acquisition and endangered species such as the Houston one single family residence on Lot 141 management within Houston toad toad. However, the Service, under in the Pine View Estates Subdivision, habitat, as identified by the Service. limited circumstances, may issue Bastrop County, Texas. Alternatives to this action were permits to take endangered wildlife The Service has prepared the rejected because not developing the species incidental to, and not the Environmental Assessment/Habitat subject property with federally listed purpose of, otherwise lawful activities. Conservation Plan (EA/HCP) for the species present was not economically Regulations governing permits for incidental take application. A feasible and alteration of the project endangered species are at 50 CFR 17.22. determination of jeopardy to the species design would not alter the level of or a Finding of No Significant Impact impacts. Applicant (FONSI) will not be made before 30 days Thomas L. Bauer, Cornerstone Construction plans to from the date of publication of this construct one single family residence Acting Regional Director, Region 2, notice. This notice is provided pursuant Albuquerque, New Mexico. each on Lot 17, Section 5 and Lot 21, to Section 10(c) of the Act and National [FR Doc. 00–2463 Filed 2–3–00; 8:45 am] Section 6 in the Circle D Country Acres Environmental Policy Act regulations Subdivision, Bastrop County, Texas. (40 CFR 1506.6). BILLING CODE 4510±55±U This action will eliminate less than one DATES: Written comments on the acre of habitat and result in an application should be received on or DEPARTMENT OF THE INTERIOR unquantifiable amount of indirect before March 6, 2000. impact. The applicant proposes to ADDRESSES: Persons wishing to review Fish and Wildlife Service compensate for this incidental take of the application may obtain a copy by the Houston Toad by contributing writing to the Regional Director, U.S. Notice of Availability of an $3,000.00 ($1,500.00 for each homesite) Fish and Wildlife Service, P.O. Box Environmental Assessment/Habitat to the National Fish and Wildlife 1306, Albuquerque, New Mexico 87103. Conservation Plan and Receipt of an Foundation for the specific purpose of Persons wishing to review the EA/HCP Application for Incidental Take Permit land acquisition and management may obtain a copy by contacting for Houston Toad (Bufo houstonensis) During Construction of a Single Family within Houston toad habitat, as Tannika Engelhard, Ecological Services Residence on 5.0 acres on Lot 6 in the identified by the Service. Field Office, 10711 Burnet Road, Suite Alternatives to this action were Pine Ridge Farm Subdivision, Bastrop 200, Austin, Texas 78758 (512/490– rejected because not developing the County, TX 0057). Documents will be available for subject property with federally listed public inspection by written request or SUMMARY: species present was not economically Cory Ehrler (Applicant) has by appointment only during normal feasible and alteration of the project applied to the U.S. Fish and Wildlife business hours (8:00 to 4:30) at U.S. design would not alter the level of Service (Service) for an incidental take Fish and Wildlife Service, Austin, permit pursuant to Section 10(a) of the impacts. Texas. Written data or comments Endangered Species Act (Act). The Thomas L. Bauer, concerning the application and EA/HCP Applicant has been assigned permit Regional Director, Region 2, Albuquerque, should be submitted to the Field number TE–021561–0. The requested New Mexico. Supervisor, Ecological Services Field permit, which is for a period of 5 years, [FR Doc. 00–2462 Filed 2–3–00; 8:45 am] Office, Austin, Texas at the above would authorize the incidental take of BILLING CODE 4510±55±U address. Please refer to permit number the endangered Houston toad (Bufo TE–021792 when submitting comments. houstonensis). The proposed take would FOR FURTHER INFORMATION CONTACT: occur as a result of the construction of DEPARTMENT OF THE INTERIOR Tannika Engelhard at the above Austin a single family residence on Lot 6 in the Ecological Service Field Office. Pine Ridge Farm Subdivision, Bastrop Fish and Wildlife Service SUPPLEMENTARY INFORMATION: Section 9 County, Texas. of the Act prohibits the ‘‘taking’’ of The Service has prepared the Notice of Availability of an Environmental Assessment/Habitat Environmental Assessment/Habitat endangered species such as the Houston toad. However, the Service, under Conservation Plan (EA/HCP) for the Conservation Plan for Issuance of an incidental take application. A Endangered Species Act Section limited circumstances, may issue permits to take endangered wildlife determination of jeopardy to the species 10(a)(1)(B) Permit for the Incidental or a Finding of No Significant Impact Take of the Houston Toad During species incidental to, and not the purpose of, otherwise lawful activities. (FONSI) will not be made until at least Construction of a Single Family 30 days from the date of publication of Residence on 0.75-acre Lot 141 in the Regulations governing permits for endangered species are at 50 CFR 17.22. this notice. This notice is provided Pine View Estates Subdivision, pursuant to section 10(c), of the Act and Bastrop County, Texas Applicant National Environmental Policy Act SUMMARY: Miguel Sanchez (Applicant) Miguel Sanchez plans to construct regulations (40 CFR 1506.6). has applied to the U.S. Fish and one single family residence on 0.75 DATES: Written comments on the Wildlife Service (Service) for an acres platted as Lot 141 in the Pine application should be received on or incidental take permit pursuant to View Estates Subdivision, Bastrop before March 6, 2000. Section 10(a) of the Endangered Species County, Texas. This action will ADDRESSES: Persons wishing to review Act (Act). The Applicant has been eliminate less than one acre of habitat the application may obtain a copy by assigned permit number TE–021792. and result in an unquantifiable amount writing to the Regional Director, U.S. The requested permit, which is for a of indirect impact. The applicant Fish and Wildlife Service, P.O. Box VerDate 27 1306, Albuquerque, New Mexico 87103. DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Persons wishing to review the EA/HCP Tannika Englehard at the above Austin may obtain a copy by contacting Fish and Wildlife Service Ecological Services Field Office. Tannika Englehard, Ecological Services SUPPLEMENTARY INFORMATION: Section 9 Notice of Availability of an of the Act prohibits the ‘‘taking’’ of Field Office, 10711 Burnet Road, Suite Environmental Assessment/Habitat endangered species such as the Houston 200, Austin, Texas 78758 (512/490– Conservation Plan and Receipt of an toad. However, the Service, under 0063). Documents will be available for Application for Incidental Take Permit limited circumstances, may issue public inspection by written request, by of the Houston Toad (Bufo permits to take endangered wildlife appointment only, during normal houstonensis) During Construction of species incidental to, and not the business hours (8:00 to 4:30) at the U.S. a Single Family Residence on 1.3 acres purpose of, otherwise lawful activities. Fish and Wildlife Service, Austin, on Lot 51, Section 5 in the Circle D Regulations governing permits for Texas. Written data or comments Country Acres Subdivision, Bastrop endangered species are at 50 CFR 17.22. concerning the application and EA/HCP County, TX should be submitted to the Field Applicant SUMMARY: Dorathy Walters (Applicant) Supervisor, Ecological Services Field has applied to the U.S. Fish and Dorathy Walters plans to construct a Office, Austin, Texas at the above Wildlife Service (Service) for an single family residence on 1.03 acres address. Please refer to permit number incidental take permit pursuant to platted as Lot 51, Section 5 in the Circle TE–021561–0 when submitting Section 10(a) of the Endangered Species D Country Acres Subdivision, Bastrop comments. Act (Act). The Applicant has been County, Texas. This action will assigned permit number TE–021659–0. eliminate less than one acre of habitat. FOR FURTHER INFORMATION CONTACT: The applicant proposes to mitigate for Tannika Englehard at the above Austin The requested permit, which is for a period of 5 years, would authorize the this incidental take of the Houston toad Ecological Services Field Office. incidental take of the endangered by donating $1,500 into the National SUPPLEMENTARY INFORMATION: Section 9 Houston toad (Bufo houstonensis). The Fish and Wildlife Foundation for the of the Act prohibits the ‘‘taking’’ of proposed take would occur as a result specific purpose of land acquisition and endangered species such as the Houston of the construction of a single family management within Houston toad habitat, as identified by the Service. toad. However, the Service, under residence on Lot 51, Section 5 in the Circle D Country Acres Subdivision, Alternatives to this action were limited circumstances, may issue rejected because not developing the permits to take endangered wildlife Bastrop County, Texas. The Service has prepared the subject property with federally listed species incidental to, and not the species present was not economically purpose of, otherwise lawful activities. Environmental Assessment/Habitat Conservation Plan (EA/HCP) for the feasible and alteration of the project Regulations governing permits for design would not alter the level of endangered species are at 50 CFR 17.22. incidental take application. A determination of jeopardy to the species impacts. Applicant or a Finding of No Significant Impact Thomas L. Bauer, (FONSI) will not be made until at least Regional Director, Region 2, Albuquerque, Cory Ehrler plans to construct a single 30 days from the date of publication of New Mexico. family residence on 5.0 acres platted as this notice. This notice is provided [FR Doc. 00–2465 Filed 2–3–00; 8:45 am] Lot 6 in the Pine Ridge Farm pursuant to section 10(c) of the Act and BILLING CODE 4510±55±U Subdivision, Bastrop County, Texas. National Environmental Policy Act This action will eliminate less than one regulations (40 CFR 1506.6). acre of habitat. The applicant proposes DATES: Written comments on the DEPARTMENT OF THE INTERIOR to mitigate for this incidental take of the application should be received on or Houston toad by donating $1,500 into before March 6, 2000. Fish and Wildlife Service the National Fish and Wildlife ADDRESSES: Persons wishing to review San Dieguito Lagoon Restoration Plan Foundation for the specific purpose of the application may obtain a copy by Draft Environmental Impact Statement/ land acquisition and management writing to the Regional Director, U.S. Report within Houston toad habitat, as Fish and Wildlife Service, P.O. Box identified by the Service. 1306, Albuquerque, New Mexico 87103. AGENCY: Fish and Wildlife Service, Alternatives to this action were Persons wishing to review the EA/HCP Department of the Interior. rejected because not developing the may obtain a copy by contacting ACTION: Notice of availability of Draft subject property with federally listed Tannika Englehard, Ecological Services Environmental Impact Statement/Report species present was not economically Field Office, 10711 Burnet Road, Suite for the San Dieguito Lagoon Restoration 200, Austin, Texas 78758 (512/490– feasible and alteration of the project Plan, San Diego County, California. 0063). Documents will be available for design would not alter the level of public inspection by written request, by SUMMARY: Pursuant to the National impacts. appointment only, during normal Environmental Policy Act of 1969, the Fish and Wildlife Service (FWS) Thomas L. Bauer, business hours (8:00 to 4:30) at the U.S. announces the availability of a draft Regional Director, Region 2, Albuquerque, Fish and Wildlife Service, Austin, Texas. Written data or comments environmental impact statement/report New Mexico. (DEIS/R) for the San Dieguito Lagoon [FR Doc. 00–2464 Filed 2–3–00; 8:45 am] concerning the application and EA/HCP should be submitted to the Field Restoration Plan, San Diego County, BILLING CODE 4510±55±U Supervisor, Ecological Services Field California. Office, Austin, Texas at the above DATES: A 45-day comment period will address. Please refer to permit number follow the Environmental Protection TE–021659–0 when submitting Agency’s notice of availability of the comments. DEIS/R on February 4, 2000. Comments VerDate 27 VerDate 27 Dated: January 19, 2000. for the Naval Air Station Fallon’s John Smith, NAS Fallon, at (775) 426– Robert E. Beehler, proposed Fallon Range Training 2101. Hollister Field Manager. Complex Requirements. After the review period ends for the Final EIS, comments will be analyzed Supplemental Soil Moisture Closure SUMMARY: Pursuant to section 102(2)(C) and considered jointly by the BLM and Criteria of the National Environmental Policy the Navy in preparing the Record of Clear Creek Management Area Act (NEPA) and 40 CFR 1500–1508 Decision (ROD). Council on Environmental Quality No action would be taken until the Dated: January 25, 2000. Regulations (CEQ), notice is given that annual total precipitation exceeds 8 John Singlaub, the Bureau of Land Management (BLM) inches, the rain year would be the same Carson City and Battle Mountain, Manager, BLM Carson City. as that used by the national weather Nevada Field Offices and the service and rainfall data would be from Dated: January 24, 2000. Department of the Navy (Navy) Naval the California Water Resources Board, RADM T.R. Beard, Air Station Fallon have jointly prepared, nearest available rain gage. Once 8 Commander, Naval Strike and Air Warfare with the assistance of a third-party inches of precipitation has been Center Fallon. consultant, a Final EIS on the proposed exceeded, the following would apply. [FR Doc. 00–2223 Filed 2–3–00; 8:45 am] Fallon Range Training Complex Additional rainfall exceeding 1⁄2 inch BILLING CODE 4310±HC±P Requirements, and has made the within a 24 hour period, or 1 inch document available for public and within a 72 hour period would result in agency review. a 3 day closure. Once the area has been DEPARTMENT OF THE INTERIOR closed a field inspection will be DATES: Comments will be accepted until Bureau of Land Management completed prior to reopening, and daily March 6, 2000. thereafter to determine suitability of ADDRESSES: Comments should be sent [OR±030±00±2822±M948: GPO±0099] road conditions. When recorded field to: Bureau of Land Management, Carson observations show that road and trail City Field Office, 5665 Morgan Mill Emergency Motor Vehicle Use surfaces have not dried sufficiently to Road, Carson City, NV 89701, Attn: Limitations; Lincoln Fire; Oregon allow traffic without damage to the Terri Knutson, Project Manager. surface, the area shall remain closed. Comments may also be sent via AGENCY: Bureau of Land Management, Closure criteria may be amended or electronic mail to the following address: Vale District, Oregon, Department of the refined as results of area closures are [email protected] or via fax: (775) Interior. evaluated. Specific criteria may be 885–6147. A limited number of copies ACTION: A temporary closure to motor developed for other areas as needed. of the Draft EIS may be obtained at the vehicle use on public lands within the [FR Doc. 00–2513 Filed 2–3–00; 8:45 am] above BLM Field Office in Carson City, area of the Lincoln Fire (M948) administered by the Bureau of Land BILLING CODE 4310±40±U NV, as well as, BLM Battle Mountain Field Office, 50 Bastian Road, Battle Management (BLM), Malheur Resource Mountain, NV 89820. In addition, the Area, Vale District, Oregon. DEPARTMENT OF THE INTERIOR Final EIS is available on the internet via SUMMARY: One June 24, 1999 the Lincoln the Carson City Field Office Home Page Fire burned 1415 acres of public and Bureau of Land Management at: www.nv.blm.gov/carson. private land within T.19S., R.46E., [NV±030±1492±ER] Comments, including names and Williamette Meridian, Sections 28, 29, addresses of respondents, will be 30, 31, 32, and 33. Because of the DEPARTMENT OF DEFENSE available for public review at the above damage caused by the fire, this closure address during regular business hours Navy Department is necessary to prevent erosion and (7:30 a.m.—5:00 p.m.), Monday through enhance the fire rehabilitation efforts Friday, except holidays, and may be Notice of Availability for the Final within the burned area. The authorized published as part of the EIS. Individual Environmental Impact Statement, officer has determined that vehicle use respondents may request Bureau of Land Management Carson other than on designated routes will confidentiality. If you wish to withhold City and Battle Mountain, Nevada Field cause considerable adverse effects upon your name or street address from public Offices and Department of the Navy, recovering soil and vegetation resources review or from disclosure under the Naval Air Station Fallon, Nevada in the burned area and may also limit Freedom of Information Act, you must the successful establishment of AGENCY: Bureau of Land Management, state this prominently at the beginning desirable vegetation or other proposed Department of the Interior and Naval of your written comment. However, we rehabilitation actions. Air Station Fallon, Nevada, Department will not consider anonymous Open roads within the fire area will of the Navy. comments. Such requests will be be clearly identified. A map designating COOPERATING AGENCIES: Federal honored to the extent allowed by law. those routes which will remain open to Aviation Administration, U.S. Fish and All submissions from organizations or vehicle use is included in the Vale Wildlife Service, U.S. Forest Service, businesses, and from individuals District Bureau of Land Management, Bureau of Indian Affairs, Yomba identifying themselves as Lincoln Fire Rehabilitation Plan M948, Shoshone Tribe, Fallon Paiute- representatives or officials of Environmental Assessment (EA No. OR– Shoshone Tribe, Walker River Paiute organizations or businesses, will be 030–99–021). The map and plan can be Tribe, Nevada Division of Wildlife, made available for public inspection in reviewed at: Vale District Office, USDI Eureka, Lander, and Churchill County their entirety. Bureau of Land Management, 100 East Commissions, and Kingston Town FOR FURTHER INFORMATION CONTACT: Oregon Street, Vale, Oregon 97918. Board. Terri Knutson, Carson City BLM, at Prohibited Act: Pursuant to 43 CFR ACTION: Notice of availability of a final (775) 885–6156 or Gary Foulkes, Battle 8364.1, motorized vehicle use is environmental impact statement (EIS) Mountain BLM, at (775) 635–4060, or prohibited on public land within the VerDate 27 VerDate 27 SUMMARY: The following described number N–61855. The segregation on recreational or public purposes under public lands in Las Vegas, Clark County, the subject lands will be terminated the provisions of the Recreation and Nevada were segregated on August 21, upon publication of this notice in the Public Purposes Act, as amended (43 1995 for exchange purposes under serial Federal Register. U.S.C. 869 et seq.). The Clark County number N–60073, on December 01, 1996 The lands have been examined and School District proposes to use these for administrative purposes under serial found suitable for lease/conveyance for lands for two elementary school sites. Mount Diablo Meridian, Nevada Case file No. Legal description Acres N–62870 ...... T. 22 S., R. 61 E., section 32: N1⁄2NW1⁄4SW1⁄4NW1⁄4, SW1⁄4NW1⁄4NW1⁄4 ...... 15 N–62869 ...... T. 22 S., R. 60 E., section 36: SE1⁄4NE1⁄4NW1⁄4SW1⁄4, 12.5 SW1⁄4NW1⁄4NE1⁄2SW1⁄4,NE1⁄4SE1⁄4NW1⁄4SW1⁄4, NW1⁄4SW1⁄4NE1⁄4SW1⁄4, N1⁄2SE1⁄4SE1⁄4NW1⁄4SW1⁄4,N1⁄2SW1⁄4SW1⁄4NE1⁄4SW1⁄4. Containing a total of 27.5 acres, more 45 days from the date of publication of INTERNATIONAL TRADE or less. this notice in the Federal Register, COMMISSION The land is not required for any interested parties may submit comments [Investigation No. 731±TA±828 (Final)] federal purpose. The leases/ regarding the proposed lease/ conveyances are consistent with current conveyance for classification of the Bulk Acetylsalicylic Acid (Aspirin) Bureau planning for this area and would lands to the Field Manager, Las Vegas From China be in the public interest. The leases/ Field Office, 4765 Vegas Drive, Las AGENCY: United States International patents, when issued, will be subject to Vegas, Nevada 89108. the provisions of the Recreation and Trade Commission. Public Purposes Act and applicable Classification Comments ACTION: Scheduling of the final phase regulations of the Secretary of the of an antidumping investigation. Interior, and each will contain the Interested parties may submit following reservations to the United comments involving the suitability of SUMMARY: The Commission hereby gives States: the land for elementary school sites. notice of the scheduling of the final 1. A right-of-way thereon for ditches Comments on the classification are phase of antidumping investigation No. or canals constructed by the authority of restricted to whether the land is 731–TA–828 (Final) under section the United States, Act of August 30, physically suited for the proposal, 735(b) of the Tariff Act of 1930 (19 1890 (43 U.S.C. 945). whether the use will maximize the U.S.C. § 1673d(b)) (the Act) to determine 2. All minerals shall be reserved to future use or uses of the land, whether whether an industry in the United the United States, together with the the use is consistent with local planning States is materially injured or right to prospect for, mine and remove and zoning, or if the use is consistent threatened with material injury, or the such deposits from the same under with State and Federal programs. establishment of an industry in the applicable law and such regulations as United States is materially retarded, by the Secretary of the Interior may Application Comments reason of less-than-fair-value imports prescribe. from China of bulk acetylsalicylic acid Interested parties may submit And will be subject to: (aspirin), provided for in subheadings 1. Easements in favor of Clark County comments regarding the specific use 2918.22.10 and 3003.90.00 of the for roads, public utilities and flood proposed in the application and plan of Harmonized Tariff Schedule of the control purposes in accordance with the development, whether the BLM United States.1 Clark County Transportation Plan. followed proper administrative For further information concerning 2. All valid and existing rights, which procedures in reaching the decision, or the conduct of this phase of the are identified in the respective case file. any other factor not directly related to investigation, hearing procedures, and The lands have been segregated from the suitability of the lands for the rules of general application, consult the all forms of appropriation under the development of two elementary schools. Commission’s Rules of Practice and Southern Nevada Public Lands Any adverse comments will be Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, Management Act (P.L. 105–263). reviewed by the State Director. In the Detailed information concerning this subparts A and C (19 CFR part 207). absence of any adverse comments, the action is available for review at the EFFECTIVE DATE: classification of the land described in January 3, 2000. office of the Bureau of Land this Notice will become effective 60 FOR FURTHER INFORMATION CONTACT: Management, Las Vegas Field Office, Cynthia Trainor (202–205–3354), Office 4765 W. Vegas Drive, Las Vegas, days from the date of publication in the Federal Register. The lands will not be of Investigations, U.S. International Nevada. Trade Commission, 500 E Street SW, offered for lease/conveyance until after Upon publication of this notice in the Washington, DC 20436. Hearing- the classification becomes effective. Federal Register, the above described impaired persons can obtain land will be segregated from all other Dated: January 14, 2000. information on this matter by contacting forms of appropriation under the public Cheryl A. Ruffridge, land laws, including the general mining 1 Assistant Field Manager, Las Vegas, NV. For purposes of this investigation, Commerce laws, except for lease/conveyance under has defined the subject merchandise as ‘‘bulk the Recreation and Public Purposes Act, [FR Doc. 00–2228 Filed 2–3–00; 8:45 am] acetylsalicylic acid, commonly referred to as bulk BILLING CODE 1430±HC±P aspirin, whether or not in pharmaceutical or leasing under the mineral leasing laws compound form, not put up in dosage form (tablet, and disposals under the mineral capsule, powders or similar form for direct human material disposal laws. For a period of consumption).’’ VerDate 27 VerDate 27 VerDate 27 VerDate 27 DEPARTMENT OF JUSTICE before Administrative Law Judge Paul Board wherein the Board contended that A. Tenney, the then-Deputy following the termination of Drug Enforcement Administration Administrator revoked Respondent’s Respondent’s earlier probation in 1991, [Docket No. 99±11] DEA registration effective June 17, 1996. he ‘‘prescribed and otherwise See Robert M. Golden, M.D., 61 FR distributed controlled and/or dangerous Robert M. Golden, M.D.; Grant of 24808 (May 16, 1996). substances without adequate medical Restricted Registration In that prior proceeding, the then- justification.’’ Respondent’s license was Deputy Administrator found that in placed on probation for a least four On January 22, 1999, the Deputy April 1987, Respondent entered into a years and he was required to relinquish Assistant Administrator, Office of Consent Order with the Georgia State his right to prescribe, administer, Diversion Control, Drug Enforcement Board of Medical Examiners (Board) dispense, order or possess Schedule I, II, Administration (DEA), issued an Order based upon allegations of recordkeeping IIN, III and IIIN controlled substances, to Show Cause to Robert M. Golden, violations, the prescribing or dispensing as well as specifically named drugs to M.D. (Respondent) of Alpharetta, GA, of controlled substances while not include the Schedule IV controlled notifying him of an opportunity to show acting in the usual course of substances Xanax and Stadol, and their cause as to why DEA should not deny professional practice, and the generic equivalents. In addition his application for registration as a prescribing or ordering of controlled pursuant to this Consent Order, practitioner under 21 U.S.C. 823(f), for substances for an illegitimate medical Respondent is required to utilize reason that this registration would be purpose, Respondent’s medical license triplicate prescriptions for all controlled inconsistent with the public interest. was placed on probation for four years, substances prescribed by him; to By letter dated February 2, 1999, and he was prohibited from prescribing, maintain a contemporaneous log of his Respondent requested a hearing, and administering or dispensing Schedule II handling of controlled substances; and following prehearing procedures, a and III controlled substances, except in to successfully complete a specific hearing was held in Atlanta, GA on June an institutional setting; required, for at continuing medical education course 9, 1999, before Administrative Law least one year, to personally maintain a regarding the appropriate prescribing of Judge Mary Ellen Bittner. At the log of all Schedule IV controlled controlled substances, as well as other hearing, both parties called witnesses to substances that he prescribed, continuing medical education. testify and introduced documentary administered or dispensed in his office; On June 15, 1997, Respondent evidence. After the hearing, both parties and required to attend at least 100 hours submitted an application for a new DEA submitted proposed finding of fact, of continuing medical education Certificate of Registration. On January 9, conclusions of law and argument. On focusing on drug abuse and/or 1998, DEA issued an Order to Show November 23, 1999, Judge Bittner issued pharmacology. The Consent Order Cause proposing to deny this her Opinion and Recommended Ruling, specified that it was ‘‘not an admission application and alleging that Findings, of Fact, Conclusions of Law of wrongdoing for any purpose other Respondent’s registration would be and Decision (Opinion), recommending than resolving the matters pending inconsistent with the public interest. that Respondent’s application for a DEA before the Board.’’ Respondent did not reply to the Order Certificate of Registration be granted in In addition in the prior proceeding, to Show Cause, and consequently the Schedules IV and V subject to several the then-Deputy Administrator found then-Acting Deputy Administrator conditions. Neither party filed that in 1992 a confidential informant deemed that Respondent had waived his exceptions to Judge Bittner’s Opinion received prescriptions for Xanax, a right to a hearing. On July 10, 1998, the and on December 23, 1999, she Schedule IV controlled substance, from then-Acting Deputy Administrator transmitted the record of these Respondent who issued the issued a final order denying proceedings to the Office of the Deputy prescriptions using names other than Respondent’s application for Administrator. that of the informant. Also, on two registration effective August 17, 1998. The Deputy Administrator has occasions in 1992, Respondent issued See 63 FR 38669 (July 17, 1998). considered the record in its entirety, prescriptions for Xanax to an In his final order denying and pursuant to 21 CFR 1316.67, hereby undercover police officer for no Respondent’s application, the then- issues his final order based upon legitimate medical purpose. Further, Acting Deputy Administrator found that finding of fact and conclusions of law as Respondent increased the dosage the circumstances had not changed hereinafter set forth. The Deputy strength of the controlled substances sufficiently from the revocation of Administrator adopts, the Opinion and prescribed based upon the patient’s Respondent’s previous DEA registration Recommended Ruling, Findings of Fact, demands rather than on his own to warrant granting Respondent’s Conclusions of Law and Decision of the medical judgment. application. Administrative Law Judge, with slight In his final order revoking On October 12, 1998, Respondent modifications to the recommended Respondent’s previous DEA Certificate submitted an application for a new DEA decision as noted below. His adoption is of Registration, the then-Deputy registration in Schedules II through V. in no manner diminished by any Administrator found that Respondent’s Subsequently, Respondent’s application recitation of facts, issues and conduct ‘‘demonstrate[s] a cavalier was amended to seek registration in conclusions herein, or of any failure to behavior regarding controlled Schedules IV and V only. That mention a matter of fact or law. substances’’; and that ‘‘Respondent did application is the subject of these The Deputy Administrator finds that not acknowledge any possibility of proceedings. Respondent previously possessed DEA questionable conduct in his prescribing The Deputy Administrator concludes Certificate of Registration AG6243125. practices.’’ The then-Deputy that the then-Deputy Administrator’s On May 25, 1994, an Order to Show Administrator found that he ‘‘was findings in the 1996 final order revoking Cause was issued proposing to revoke provided no basis to conclude that Respondent’s previous DEA Certificate that Certificate of Registration and Respondent would lawfully handle of Registration are res judicata since alleging that Respondent’s continued controlled substances in the future.’’ they were made following an registration would be inconsistent with On April 4, 1996, Respondent entered evidentiary hearing. See Stanley Alan the public interest. Following a hearing into another Consent Order with the Azen, M.D., 61 FR 57893 (1996). VerDate 27 However, since the then-Acting Deputy Robert Golden is dead and buried as far Respondent has improperly handled Administrator’s findings in the 1998 as I’m concerned.’’ controlled substances since 1993. The final order denying Respondent’s Pursuant to 21 U.S.C. 823(f), the Consent Order with the Board dated previous application for registration Deputy Administrator may deny an April 4, 1996, alleges that Respondent were based on the investigative file and application for a DEA Certificate of prescribed and otherwise distributed following an evidentiary hearing, res Registration, if he determines that the controlled and/or dangerous substances judicata does not apply and therefore, registration would be inconsistent with without adequate medical justification. Respondent is not precluded from the public interest. Section 823(f) However, the Consent Order also litigating the matters at issue in the 1998 requires that the following factors be indicates that Respondent denies these proceeding. considered in determining the public allegations and no evidence of the Accordingly, the Deputy interest: underlying facts of these allegations was Administrator concludes that the (1) The recommendation of the introduced by the Government at this critical consideration in this proceeding appropriate State licensing board or hearing. is whether the circumstances, which professional disciplinary authority. As to factor three, there is no evidence existed at the time of the 1996 (2) The applicant’s experience in that Respondent has ever been revocation of Respondent’s previous dispensing, or conducting research with convicted under State or Federal laws DEA Certificate of Registration, have respect to controlled substances. relating to controlled substances. changed sufficiently to support a (3) The applicant’s conviction record Further, the record contains no evidence conclusion that Respondent’s under Federal or State laws relating to of other conduct that may threaten the registration with DEA would be in the the manufacture, distribution, or public health and safety that would be public interest. dispensing of controlled substances. considered under factor five. (4) Compliance with applicable State, As discussed previously, Respondent Judge Bittner noted that Respondent’s Federal, or local laws relating to is subject to a Consent Order with the last application for registration was controlled substances. denied because he had not presented Board until at least April 4, 2000. A (5) Such other conduct which may sufficient evidence to indicate that his DEA investigator testified at the hearing threaten the public health and safety. registration with DEA would be in the in this matter that Respondent has been These factors are to be considered in public interest. However, she concluded in compliance with the terms of this the disjunctive; the Deputy that Respondent has now presented Consent Order. Administrator may rely on any one or a such evidence. Judge Bittner noted that Respondent testified that he has been combination of factors and may give ‘‘Respondent has completed a six day practicing medicine for approximately each factor the weight he deems seminar in the appropriate prescribing 20 years, and for most of that time he appropriate in determining whether a of controlled substances, he is in practiced general or family medicine. In registration should be revoked or an compliance with the Board’s 1996 or about 1995, he realized that he was application for registration denied. See Consent Order, and he has changed his not suited for that type of medical Henry J. Schwarz, Jr., M.D., 54 FR 16422 practice to a specialty in which the use practice and changed his specialization (1989). of controlled substances is limited to to cosmetic surgery. Specifically, Regarding factor one, it is undisputed very specific purposes and for specific Respondent specializes in tumescent that until at least April 4, 2000, periods of time.’’ liposuction where the cosmetic surgeon Respondent is subject to the terms of a Judge Bittner found Respondent’s uses local rather than general anesthesia Consent Order entered into with the testimony to be credible and concluded during the procedure. Board. Pursuant to this Consent Order, that Respondent ‘‘now understands and Respondent testified that in his Respondent is limited to handling accepts the responsibility inherent in a current practice he needs to use Schedule IV and V controlled DEA registration.’’ Therefore, she Schedule IV and V controlled substances only and is further recommended that Respondent be substances to effectively treat his precluded from handling the Schedule issued a DEA registration limited to patients. According to Respondent and IV controlled substances Xanax and Schedule IV and V, with the exception his medical assistant, some patients Stadol, and their generic equivalents. of Xanax and Stadol, subject to the have a heightened sense of anxiety that As to factors two and four, the then- following conditions: is not relieved by non-controlled Deputy Administrator found in the 1996 1. Respondent shall maintain accurate sedatives. Respondent testified that if final order revoking Respondent’s records showing all purchases, needed, he prefers to use Valium to help previous DEA Certificate of Registration administering, and dispensing patients with anxiety pre-operatively, that prior to 1993 Respondent (including prescribing) of all controlled intra-operatively, and post-operatively. prescribed controlled substances substances; and According to Respondent and literature knowing that a person other than the 2. Respondent shall submit copies of in evidence, patients who undergo one named on the prescription was the all such records to the Special Agent in tumescent liposuction surgery intended recipient of the controlled Charge of the DEA’s Atlanta office, or experience minimal post-operative pain, substances in violation of 21 CFR his designee, quarterly, for two years and therefore do not need narcotic pain 1306.05, and that Respondent increased from the effective date of his relievers. In those situations where a the strength of the medication registration. patient has needed some type of pain prescribed based on the patient’s The Deputy Administrator finds that relief, Respondent has prescribed a non- request rather than using his the Government has established a prima controlled, non-sterodial, anti- professional medical judgment. The facie case for denial of Respondent’s inflammatory analgesic. then-Deputy Administrator concluded application for registration. However, Respondent introduced evidence of that these prescriptions were not issued like Judge Bittner, the Deputy his completion of a course in the proper for a legitimate medical purpose in Administrator concludes that it would handling of controlled substances. He violation of 21 CFR 1306.04. not be in public interest to deny testified that in the future, he is ‘‘going The Deputy Administrator finds that Respondent’s application, but rather to to practice very defensive medicine.’’ there was no evidence presented in this register him on a very limited a basis to According to Respondent, ‘‘[t]the old Dr. proceeding to warrant a finding that give him the opportunity to demonstrate VerDate 27 VerDate 27 The Administrative Code also required On June 5, 1992, the DOPL issued an issue in this proceeding is whether that ‘‘each prescription for a controlled emergency order restricting Respondent properly prescribed substance and the number of refills Respondent’s authority to perform controlled substances to these patients authorized shall be documented in the certain types of surgery and ordering for weight control. As a result, there was patient records by the prescribing him to cease providing overnight patient evidence presented by both the practitioner.’’ Utah Admin. Code R153– care at his facility. On September 29, Government and Respondent regarding 37–10.D (1987–1988). 1993, a Third Amended Petition was when an individual is considered obese The 1989 Administrative Code filed in that proceeding alleging, among or overweight, when the use of generally provided that: other things, that Respondent prescribed controlled substances is appropriate for Prescribing practitioners shall keep a Schedule III anorectic controlled weight control, and when such accurate records reflecting the examination, substance beyond the period of time treatment is deemed effective. The evaluation and treatment of all patients. permitted by Utah regulation to at least Government offered the testimony of a Patient medical records shall accurately 13 patients and that the prescriptions physician who mainly treats chronic reflect the prescription or administration of did not bear the full names and pain patients, but who was qualified as controlled substances in the treatment of the addresses of the patients and the dates an expert in the legitimate use of patient, the purpose for which the controlled issued as required by law. substances is utilized and information upon anorectic controlled substances. which the diagnosis is based. On December 10, 1996, Respondent Respondent testified on his own behalf executed a Stipulation and Order in and also offered the testimony of a Utah Admin. Code R153–37–9.A (1989). which he denied all of the allegations of physician whose practice prior to 1991 Further, Utah Admin. Code R153–37– the Third Amended Petition but agreed consisted of some weight management 10.H (1989), provided that Schedule II to various terms and conditions. patients and since 1991 was solely controlled substances could not be Specifically, the Stipulation and Order weight management patients. Both prescribed, dispensed or administered suspended Respondent’s medical parties offered extensive documentary for weight reduction or control. In license for three months, but stayed addition, section 10.J essentially evidence. enforcement of the suspension and Evidence was presented that different provided that Schedule III and IV placed his license on a five-year methods are used to determine when a controlled substances could only be probation subject to various conditions patient is considered obese or used for weight reduction in the including that he provide adequate overweight. These include comparing treatment of obesity as an adjunct, in means to permit patients to exercise the patient’s height and weight to charts accordance with Food and Drug informed consent with respect to published by insurance companies, and Administration approved labeling for medical and surgical procedures, the product, and in a regimen of caloric calculating the individual’s body mass anesthesia, and medications to be index (BMI), which is the person’s restriction provided that among other administered or dispensed; meet with things the prescribing practitioner weight in kilograms divided by the the Physicians’ Licensing Board (Board) square of his/her height in meters. The determines that the patient has made quarterly for five years; allow a qualified good faith efforts to lose weight in a Government’s expert as well as most of physician to review records of 1.4 the documentary evidence regarding structured treatment program and the percent of his patients; and maintain program was ineffective, obtains a this issue cite BMI as the best general prescription records in accordance with guideline. Judge Bittner went into great thorough history; performs a thorough State and Federal law and make his physical examination; and rules out any detail, which will not be repeated here, prescription records available for summarizing the various opinions in contraindications to the use of inspection by the board and the DOPL controlled substances. This section evidence regarding at what BMI an upon request. individual is considered obese or precluded the prescribing of Schedule In the latter half of 1995, DEA overweight. After reviewing all of the III and IV controlled substances for conducted a pharmacy survey to evidence, the Deputy Administrator weight reduction for a period longer determine whether Respondent was finds that there seems to be than 12 weeks in any one year period. complying with various regulatory disagreement within the medical Also pursuant to this section, a requirements. The survey revealed that community as to when an individual is practitioner was required to discontinue Respondent had written prescriptions considered obese or overweight using prescribing controlled substances if the for anorectic controlled substances for BMI as a guideline. patient failed to lose weight while under more than 12 weeks in a year in Respondent testified that his standard treatment for a period of 28 days as violation of state law. The survey practice for weight control patients determined by weighings of the patient further revealed seven prescriptions that during the time period at issue was to at least every fourteenth day. Respondent issued between 1993 and use the life insurance tables, and that he In 1991, the provision was reworded 1995 and 202 prescriptions that he was not aware of BMI as a criterion until slightly but essentially was issued between 1990 and 1992 that did the 1990s. He further testified that substantively unchanged, and remained not bear the patient’s full name and/or although BMI is ‘‘helpful’’ in so until January 16, 1996. As of that date of issuance. date, Utah Admin. Code R156–37–604 Respondent testified that he had determining whether or not to prescribe (1996) provided that Schedule II and III written incomplete prescriptions, but weight control medication, he found it controlled substances shall not be that in discussions with other cumbersome to use. Judge Bittner concluded that: prescribed, dispensed, or administered physicians he had learned that such for purposes of weight reduction or prescriptions ‘‘are a quite frequent Based on my review of all the foregoing, control. Further, Schedule IV controlled occurrence.’’ According to Respondent, and recognizing that there is some substances can only be used in the he was told by a DOPL investigator that disagreement among the experts, I find that for purposes of this proceeding the [National treatment of excessive weight when no more than 50% of prescriptions for Institute of Health’s National Institute of certain conditions are met. However, Schedule III, IV and V controlled Diabetes and Digestive and Kidney Diseases this provision no longer imposed the 12 substances are properly filled out. (NIDDK)] definitions are the most week limitation on the use of Schedule On May 11, 1995, DOPL subpoenaed appropriate standards. I therefore find that a IV controlled substances. records for 43 Respondent’s patients. At person aged thirty-five or older is obese if he VerDate 27 VerDate 27 The Deputy Administrator finds it As to the 42 patients at issue in this likely than not the patient was not significant that the 1990 ASBP proceeding, Judge Bittner went into following the diet. Respondent would Guidelines specify that the guidelines, great detail in her Opinion regarding remind the patient on follow-up visits of provide suggestions regarding the use of the their history of treatment with the importance of following the diet. anorectics but they are not intended to and Respondent. She discussed the patient Respondent testified that he used the indeed cannot, replace the individual charts and patient summaries in insurance company height and weight judgment of the treating bariatrician which evidence, the assessment of the tables to determine whether to use remains and must remain paramount. Thus, Government’s expert of each patient, controlled substances in the treatment the bariatrician must not rely on these Respondent’s testimony regarding each of a patient. However, he also testified guidelines, or on any other guidelines to patient, and the patient interviews that he is now stricter in his approach provide an infallible blueprint for patient conducted by DEA and/or the patients’ to weight control treatment. treatment. It is not the intent of these testimony. Since the Deputy Respondent’s office manager testified guidelines to limit the bariatricians’ right to that although a patient’s blood pressure adjust the therapy based on the patient’s Administrator is adopting Judge condition, medical problems or therapeutic Bittner’s findings of fact except as was taken at each visit, the result was response. specifically noted, there is no need for not always noted in the patient’s chart him to reiterate them. It should be noted unless it was abnormal. Respondent The Government’s expert testified that that based upon the Deputy testified that he might not always note this statement should be interpreted in Administrator’s rejection of certain of the responses to the medical/family the context of a clear-cut treatment Judge Bittner’s findings as noted above, history questions or the results of the program with established goals. the Deputy Administrator does not physical examination in the patient’s Judge Bittner concluded that adopt any of Judge Bittner’s findings chart if the responses and/or findings [i]n light of my findings above as to when a regarding specific patients that use her were normal. person should be considered obese, I further objective standard to conclude that For the most part, the charts for the find that anorectic controlled substances treatment with controlled substances patients at issue here do not indicate the should not be used in the treatment of a was inappropriate or to assess whether patient’s target weight, medical history, patient unless the individual is thirty-five or or not treatment was successful. or results of physical examinations, nor more years of age and has a BMI of at least The Deputy Administrator makes the do the charts indicate whether the 27 [kilograms/meters squared], or, if younger following general findings regarding patient previously saw another than thirty-five year of age, has a BMI of 25 physician for weight control or was ever [kilograms/meters squared] or more. I Respondent’s treatment of the patients especially note that the evidence establishes at issue. These patients were all being enrolled in a formal weight control that prescribing controlled substances to a treated by Respondent for weight loss or program. Also, for the most part, there patient for cosmetic purposes is not within management. There is no evidence that is no indication in the charts that the scope of legitimate medical practice. anorectic controlled substances were Respondent gave the patient diet or * * * Based on my review of the record prescribed for other purposes, or that exercise information on an initial or and for purposes of this proceeding, I find controlled substances received pursuant subsequent visit, or that Respondent that it is appropriate to continue prescribing to Respondent’s prescriptions were sold subsequently discussed these subjects anorectic controlled substances to those or in any other way diverted from the with the patient or modified the patients who initially are candidates for such patients’ use. recommended diet and exercise treatment only if (a) the patient achieves a regimes. Also there were several loss of five percent of body weight or a On the initial visit, the patient would reduction in BMI by one or more units and be weighed, his/her height would be instances where controlled substances maintains that loss for at least one year, or measured and blood pressure taken. A were prescribed by Respondent but not (b) if the patient achieves a significant family/medical history would be taken noted in the patient charts. In addition, clinical response as defined in the 1990 and Respondent would perform a a number of the patients were ASBP Guidelines, i.e., (1) a loss of at least physical examination. Respondent prescribed benzodiazepines for twelve pounds over the initial twelve weeks, would discuss goals and a target weight extended periods of time with no reason and (2) a loss of at least four pounds for each with the patient, give the patient a for these prescriptions noted in the additional four weeks of treatment, providing generalized diet, generally discuss charts. that if the patient has lost at least ten percent exercise, lifestyle changes, and possible The Government’s expert testified that of his or her initial body weight, he or she Respondent’s patient records did not may be considered to have reached [90% side effects of the controlled substances, Target Weight] and may appropriately and ask whether the patient had comply with Utah requirements continue to be prescribed anorectics if previously attempted to lose weight and regarding patient histories and physical needed. If the patient gains weight and by what methods. examinations, and characterized exceeds that benchmark, the physician Thereafter, Respondent would see the Respondent’s records as ‘‘grossly should cease prescribing the medications patient no more than once a month. In deficient * * * in terms of the unless the patient again achieves the [90% fact, several patients testified that they evaluation of the patients.’’ According Target Weight] benchmark in a period of time had tried to obtain their prescriptions to the Government’s expert, as far as the equaling one week for each pound above the earlier because they were going on patient records show, ‘‘the patients benchmark. (Footnotes omitted). vacation, but their requests were came in, were weighed, were given a The Deputy Administrator disagrees refused. At each visit the patient would prescription and left * * *. That’s all with these findings. There appears to be be weighed and his/her blood pressure you can tell from the records. This isn’t differing opinions within the medical taken. The patient would always be seen saying other things weren’t done, but community as to when it is appropriate by Respondent before any controlled certainly they weren’t documented if to use controlled substances in weight substances would be prescribed. they were.’’ management treatment and when such Respondent would admonish the Respondent testified that the medical use is considered effective. As a result, patient if he/she were not losing weight. records in evidence as Government the Deputy Administrator is not If the patient was not losing weight, exhibits were incomplete, and included comfortable setting objective standards Respondent would very rarely change only his handwritten notes, not all of which might not necessarily be the diet he had provided the patient the information in the patient charts, appropriate for each individual patient. because according to Respondent, more and that these notes were the only VerDate 27 VerDate 27 VerDate 27 VerDate 27 Registration is not warranted. The DEPARTMENT OF JUSTICE from serious medical conditions which Deputy Administrator does not find that prevented her from practicing veterinary the patients at issue in this proceeding Drug Enforcement Administration medicine. were prescribed controlled substances [Docket No. 98±16] In March 1987, a local pharmacist for no legitimate medical purpose. advised the Mississippi Bureau of While Respondent may not have been as Judy L. Henderson, D.V.M.; Grant of Narcotics (MBN) that Respondent had careful in prescribing controlled Restricted Registration used prescriptions and DEA order forms substances and in documenting the to obtain a large amount of Demerol, a On February 3, 1998, the Deputy reasons for his prescribing, the Deputy Schedule II narcotic controlled Assistant Administrator, Office of Administrator does not believe that substance, from the pharmacy. A Diversion Control, Drug Enforcement revocation is appropriate given the subsequent pharmacy survey revealed a Administration (DEA), issued an Order dispute within the medical community total of six prescriptions and eight order to Show Cause to Judy L. Henderson, as to when it is proper to use controlled forms written by Respondent. The D.V.M. (Respondent) of Corinth, substances in weight control. prescriptions were for a total of 30 Mississippi, notifying her of an However, Respondent clearly violated dosage units of Ionamin, a Schedule IV opportunity to show cause as to why state law by ignoring the 12-week rule controlled substance, 30 dosage units of DEA should not deny her application and by failing to properly document the diazepam, a Schedule IV controlled for registration as a practitioner treatment of his patients. The Deputy substance, six ampules of Demerol, one pursuant to 21 U.S.C. 823(f), for reason Administrator does not condone ounce of liquid Demerol, and 20 dosage that her registration would be Respondent’s defiance of state law, but units of Mepergan Fortis, a Schedule II the Deputy Administrator finds it inconsistent with the public interest. By letter dated March 3, 1998, narcotic controlled substance. The noteworthy that the state is currently Ionamin and diazepam prescriptions monitoring Respondent’s treatment of Respondent requested a hearing on the issues raised by the Order to Show listed Respondent as the patient, the patients and documentation of this prescription for six ampules of Demerol treatment; that the state did not restrict Cause. Following prehearing procedures, a hearing was held in listed the clinic where Respondent Respondent’s ability to handle worked and had the notation ‘‘clinic use controlled substances based upon the Memphis, Tennessee on November 18, 1998, and April 20, 1999, before only,’’ the Mepergan Fortis prescription same patient charts in evidence in this was made out to Respondent’s then- proceeding; and that Respondent has Administrative Law Judge Mary Ellen Bittner. At the hearing, the Government husband, and the prescription for one taken remedial steps to ensure that he ounce of Demerol was made out in a practices in compliance with the law. called witnesses and introduced documentary evidence and Respondent dog’s name. Each of the order forms was But given Respondent’s admitted for one 30 cc. vial of Demerol. defiance of state law by ignoring the 12- testified on her own behalf. After the On March 26, 1987, MBN agents week limitation on prescribing hearing both parties submitted proposed interviewed Respondent who told the controlled substances for weight control findings of fact, conclusions of law and agents that she had obtained the various that was in effect at the time of the argument. narcotics for her own use because she events at issue, the Deputy On September 21, 1999, Judge Bittner suffered from extremely painful medical Administrator finds that some controls issued her Opinion and Recommended conditions. The agents subsequently are necessary to ensure that Respondent Ruling, Findings of Fact, Conclusions of confirmed with Respondent’s physician properly handles controlled substances Law and Decision (Opinion), that he was treating Respondent for the in the future. Therefore, for two years recommending that Respondent’s medical conditions. However, the from the effective date of this final order application for registration be granted physician indicated that he did not Respondent shall: (1) Forward to the limited to four specific substances and know that Respondent was self- DEA Salt Lake City office copies of the subject to two conditions. Neither party prescribing and that he would help her. reports of the physician reviewing his filed exceptions to Judge Bittner’s No charges were filed against charts pursuant to the Consent Order Opinion, and on October 25, 1999, Respondent as a result of this with the State of Utah; and (2) consent Judge Bittner transmitted the record of investigation. to unannounced inspections by DEA these proceedings to the Deputy Respondent testified at the hearing in personnel without requiring an Administrator. this matter that she was treated with administrative inspection warrant. The Deputy Administrator has Accordingly, the Deputy considered the record in its entirety, intravenous Demerol for a painful Administrator of the Drug Enforcement and pursuant to 21 CFR 1316.67, hereby kidney disorder. Following surgery for Administration, pursuant to the issues his final order based upon this disorder, Respondent experienced authority vested in him by 21 U.S.C. 823 findings of fact and conclusions of law withdrawal from the Demerol. and 824 and 28 CFR 0.100(b) and 0.104, as hereinafter set forth. The Deputy Respondent testified that she was hereby orders that DEA Certificate of Administrator adopts the findings of ashamed that she had become Registration AH1650248, previously fact and conclusions of law of the dependent on the Demerol and issued to Wesley G. Harline, M.D., be Administrative Law Judge in their attempted to wean herself off by taking and it hereby is continued, subject to entirety, and adopts with several oral Demerol intended for the animals the above described restrictions. This modifications, as noted below, the she treated. This attempt was order is effective March 6, 2000, and is conclusion and recommended decision unsuccessful and in fact Respondent the final agency action for appellate of the Administrative Law Judge. His was taking more Demerol than she had purposes pursuant to 21 U.S.C. 877. adoption is in no manner diminished by before her surgery. According to any recitation of facts, issues or Respondent she then began injecting Dated: January 18, 2000. conclusions herein, or of any failure to herself with Demerol. Finally, at or Donnie R. Marshall, mention a matter of fact or law. about the end of November 1997, Deputy Administrator. The Deputy Administrator finds that Respondent entered a 28-day treatment [FR Doc. 00–2536 Filed 2–3–00; 8:45 am] Respondent is a veterinarian. At various program and stopped using controlled BILLING CODE 4410±09±M times during her career she suffered substances. VerDate 27 As to the other prescriptions Respondent told the agents that she had lidocaine (for local use), Torbutral, and discovered during this investigation, not been practicing veterinary medicine Sodium Pentothal as a pre-anesthetic. Respondent testified that she purchased for a period of time because she was ill. Rompun, acepromazine, and lidocaine Ionamin to treat an obese dog, and that She further told the agents that rather are not controlled substances. Ketamine the Valium was for use in a clinic where than filling the prescriptions that her was previously noncontrolled but was she worked. Respondent further physician issued to her, she was placed in Schedule III effective August testified that she did not prescribe ordering the drugs using her DEA 12, 1999. Torbutral is a controlled Mepergan Fortis for her then-husband, registration because it was less substance. but that the prescription was for her expensive to obtain the drugs that way. During the course of investigating then-mother-in-law’s dog, who At this meeting, Respondent Respondent’s application for a DEA Respondent was treating for cancer. surrendered her DEA Certificate of registration, DEA contacted the local The Government alleged that Registration, order forms, and controlled sheriff. The local sheriff indicated that Respondent surrendered her DEA substances in her possession. in 1993, Respondent was caught stealing Certificate of Registration in 1987. Respondent testified at the hearing ketamine from another veterinarian. However, the investigator who testified that in 1990 she developed an extremely In explaining why she stole the at the hearing indicated that she could painful medical condition that rendered ketamine, Respondent testified that after not locate a copy of the surrender form. her unable to work. She acknowledged her radical surgery, she went through a Respondent testified that at some point that she ordered controlled substances very bitter divorce and custody in 1987 the attorney for the Mississippi during this period, and that at one point proceeding, that she ‘‘lost everything,’’ State Board of Veterinary Medicine she bought Demerol from a hospital and that her ex-husband made (Veterinary Board) wrote to her pharmacy. Respondent further testified allegations about her to other recommending that she surrender her that her physician did not know that she veterinarians in the area that effectively DEA registration, but that she did not was ordering hydrocodone, and that prevented her from obtaining work. She respond to this letter since she was very although she know that ordering the further testified that her ex-husband was ill and not working at the time. It was drug for herself was an unethical use of physically abusive and had threatened Respondent’s recollection that she her DEA registration, she had not to kill her if she did not stop attempting simply let her DEA registration expire. thought that it was criminal conduct. to regain custody of their child. She testified that she still had the Respondent testified that she ultimately Respondent testified that upon the registration certificate in her possession recovered from this illness following recommendation of a local police the next time that she applied for a DEA radical surgery. officer, she obtained a gun to protect registration. Judge Bittner found On March 1, 1996, Respondent herself from her ex-husband. According Respondent’s testimony to be credible executed an application for a new DEA to Respondent, she ultimately realized and therefore found that the evidence Certificate of Registration. DEA sought a that she would not be able to shoot her does not support a finding that recommendation from the Veterinary ex-husband if threatened and instead Respondent’s surrendered her DEA Board as to whether this application decided to obtain ketamine to use as a Certificate of Registration in 1987. should be granted. On June 10, 1996, the chemical immobilizer. Respondent Respondent was issued DEA Veterinary Board responded, stating in testified that shortly before stealing the Certificate of Registration BE2196687 on pertinent part: ketamine, her ex-husband had attacked March 20, 1990. her with a hammer, resulting in her In October 1992, DEA was advised by While the granting or denial of [a DEA being admitted to an emergency room. Respondent’s then-husband that registration] is a determination to be made by Respondent testified that she stole your agency, the Mississippi Board of Respondent was abusing controlled Veterinary Medicine cannot recommend ketamine from the other veterinarian substances. A subsequent pharmacy unrestricted approval by your agency. While twice. The first time, she took a total of survey did not reveal any controlled the Board is happy that [Respondent] has two cc. of ketamine, but then decided substance prescriptions issued by returned to practice, nevertheless, the Board that that would not be a sufficient Respondent. DEA then contacted feels that, at most, [Respondent’s] purchases quantity to subdue her ex-husband. Respondent’s drug distributor and of controlled drugs should be limited to the Respondent testified that she then took discovered that Respondent had ordered purchase of euthanasia solutions and a a bottle that had held 10 cc. of ketamine limited number of purchases for anesthetics. 500 dosage units of lorazepam 2 mg., a and had about one cc. of the drug left Schedule IV controlled substance, and As a result of this letter, Respondent in it, and she then added small 2200 dosage units of hydrocodone with wrote to the Veterinary Board asking for quantities of ketamine that she took APAP, a Schedule III controlled its approval for her to use ketamine, at from other bottles, substituting saline in substance, between March 4 and the time a non-controlled substance; those bottles. Respondent acknowledged October 19, 1992. Socumb, brand name for a product that what she did was wrong. A DEA investigator contacted two containing sodium pentobarbital, a The other veterinarian decided not to physician who had treated Respondent. Schedule II non-narcotic controlled press charges against Respondent One physician treated Respondent for substance; Valium, brand name for a provided that Respondent seek painful medical conditions from 1989 product containing diazepam; Sodium treatment. As a result, Respondent until June 1992, and prescribed her Pentothal, trade name for thiopental, a entered a treatment program to be Lortab 7.5 mg., a Schedule III controlled Schedule III non-narcotic controlled treated for depression and tested for substance. The other physician substance; phenobarbital, a Schedule IV ketamine. According to Respondent, she indicated that he treated Respondent controlled substance; testosterone, a stayed in that program for two weeks from February 1987 until March 1991, Schedule III controlled substance; and and then went to a program that treated also for painful medical conditions. Winstrol-V, Telazol, and Tussigon, all health care professionals where she There is no indication in the record controlled substances. By letter to stayed for three to four months. whether this physician prescribed Respondent dated October 28, 1996, the Thereafter she moved to an outpatient Respondent any controlled substances. Veterinary Board recommended that she facility. Respondent testified that she On October 21, 1992, DEA agents met use ketamine, Rompun, acepromazine spent a total of five months in treatment with Respondent at her home. (or other tranquilizers), gas anesthesia, for clinical depression and hydrocodone VerDate 27 VerDate 27 VerDate 27 Cause was also sent to Dr. Hutchinson they hereby are, denied. This order is wished to pursue this matter and asking at his last known address in Illinois. effective March 6, 2000, and is that favorable consideration be given to The return receipt indicates that the considered the final agency action for any future applications for registration Order to Show Cause was forwarded to appellate purposes pursuant to 21 with DEA. On December 20, 1999, Judge another address in Illinois and was U.S.C. 877. Bittner transmitted the record of these signed for on or about August 20, 1999. Dated: January 18, 2000. proceedings to the Office of the Deputy No request for a hearing or any other Administrator. Donnie R. Marshall, reply was received by the DEA from Dr. The Deputy Administrator has Hutchinson or anyone purporting to Deputy Administrator. considered the record in its entirety, represent him in this matter. Therefore, [FR Doc. 00–2527 Filed 2–3–00; 8:45 am] and pursuant to 21 CFR 1316.67, hereby the Deputy Administrator, finding that BILLING CODE 4410±09±M issues his final order based upon (1) 30 days have passed since the receipt findings of fact and conclusions of law of the Order to Show Cause, and (2) no as hereinafter set forth. The Deputy request for a hearing having been DEPARTMENT OF JUSTICE Administrator adopts, in full, the Opinion and Recommended Decision of received concludes that Dr. Hutchinson Drug Enforcement Administration is deemed to have waived his hearing the Administrative Law Judge. right. After considering material from [Docket No. 99-36] As a preliminary matter, the Deputy the investigative file in this matter, the Administrator has not considered Deputy Administrator now enters his Kenneth Leroy Jones, M.D.; Respondent’s letter filed on November final order without a hearing pursuant Revocation of Registration 30, 1999, since it was not timely filed to 21 CFR 1301.43(d) and (e) 1301.46. and Respondent has not offered any On August 24, 1999, the Deputy explanation for the late filing. This final order replaces and supersedes Assistant Administrator, Office of the final order issued on January 3, The Deputy Administrator finds that Diversion Control, Drug Enforcement Respondent possesses DEA Certificate of 2000. Administration (DEA) issued an Order The Deputy Administrator finds that Registration AJ1551399, issued to him at to Show Cause to Kenneth Leroy Jones, Dr. Hutchinson currently possesses DEA an address in Paintsville, Kentucky. The M.D. (Respondent) of Paintsville, Certificate of Registration BH2898053 Deputy Administrator further finds that Kentucky, notifying him of an issued to him in Ohio. The Deputy on January 7, 1999, the Commonwealth opportunity to show cause as to why Administrator further finds that on July of Kentucky, State Board of Medical 8, 1998, the State Medical Board of Ohio DEA should not revoke his DEA Licensure ordered the revocation of permanently revoked his license to Certificate of Registration AJ1551399, Respondent’s Kentucky medical license. practice medicine in the State of Ohio. and deny any pending applications for Respondent did not dispute that he is Therefore, the Deputy Administrator renewal of such registration as a not currently authorized to practice concludes that Dr. Hutchinson is not practitioner pursuant to 21 U.S.C. 823(f) medicine in Kentucky. currently licensed to practice medicine and 824(a)(3). The Order to Show Cause Therefore, the Deputy Administrator in Ohio, and as a result, it is reasonable alleged that Respondent was not finds that Respondent is not currently to infer that he is not currently currently authorized to handle authorized to practice medicine in the authorized to handle controlled controlled substances in the Commonwealth of Kentucky. As a substances in that state. Commonwealth of Kentucky. result, it is reasonable to infer that he is The DEA does not have the statutory By letter dated September 17, 1999, also not authorized to handle controlled authority under the Controlled Respondent requested a hearing, and the substances in that state. Substances Act to issue or maintain a matter was docketed before DEA does not have statutory authority registration if the applicant or registrant Administrative Law Judge Mary Ellen under the Controlled Substances Act to is without state authority to handle Bittner. On October 20, 1999, the issue or maintain a registration if the controlled substances in the state in Government filed a Motion for applicant or registrant is without state which he conducts his business. See 21 Summary Disposition, alleging that authority to handle controlled U.S.C. 802(21), 823(f) and 824(a)(3). Respondent is currently registered with substances in the state in which he This prerequisite has been consistently DEA to handle controlled substances in conducts his business. See 21 U.S.C. upheld. See Romeo J. Perez, M.D., 62 FR Kentucky, however, he is not currently 802(21), 823(f) and 824(a)(3). This 16,193 (1997); Demetris A. Green, M.D., authorized by the Commonwealth of prerequisite has been consistently 61 FR 60,728 (1996); Dominick A. Ricci, Kentucky to handle controlled upheld. See Romeo J. Perez. M.D., 62 FR M.D., 58 FR 51,104 (1993). substances. Respondent was given until 16,193 (1997); Demetris A. Green, M.D., Here it is clear that Dr. Hutchinson is November 10, 1999, to file a response to 61 FR 60,728 (1996); Dominick A. Ricci, not currently authorized to handle the Government’s motion. Respondent M.D. 58 FR 51.104 (1993). controlled substances in the State of failed to file a timely response. Here it is clear that Respondent is not Ohio. As a result, he is not entitled to On November 18, 1999, Judge Bittner licensed to handle controlled substances a DEA registration in that state. issued her Opinion and Recommended in Kentucky. Since Respondent lacks Accordingly, the Deputy Decision finding that Respondent lacks this state authority, he is not entitled to Administrator of the Drug Enforcement authorization to handle controlled a DEA registration in that state. Administration, pursuant to the substances in the Commonwealth of In light of the above, Judge Bittner authority vested in him by 21 U.S.C. 823 Kentucky; granting the Government’s properly granted the Government’s and 824 and 28 CFR 0.100(b) and 0.104, Motion for Summary Disposition; and Motion for Summary Disposition. The hereby orders that DEA Certificate of recommending that Respondent’s DEA parties did not dispute the fact that Registration BH2898053, previously Certificate of Registration be revoked. Respondent is currently unauthorized to issued to Archibald W. Hutchinson, Neither party filed exceptions to her handle controlled substances in M.D., be, and it hereby is revoked. The Opinion and Recommended Decision, Kentucky. Therefore, it is well-settled Deputy Administrator further orders however on November 30, 1999, that when no question of material fact that any pending applications for the Respondent filed a letter with Judge is involved, a plenary, adversary renewal of such registration, be, and Bittner indicating that he no longer administrative proceeding involving VerDate 27 VerDate 27 Dated: January 18, 2000. issues his final order based upon Here, it is clear that Respondent is not Donnie R. Marshall, findings of fact and conclusions of law licensed to handle controlled substances Deputy Administrator. as hereinafter set forth. The Deputy in Florida. Since Respondent lacks this [FR Doc. 00–2529 Filed 2–4–00; 8:45 am] Administrator adopts, in full, the state authority, he is not entitled to a BILLING CODE 4410±09±M Opinion and Recommended Decision of DEA registration in that state. the Administrative Law Judge. In light of the above, Judge Randall The Deputy Administrator finds that properly granted the Government’s DEPARTMENT OF JUSTICE Respondent currently possesses DEA Motion for Summary Disposition. The Certificate of Registration AL0133102, parties did not dispute the fact that Drug Enforcement Administration issued to him at an address in Respondent is currently unauthorized to [Docket No. 99±33] Hallandale, Florida. The Deputy handle controlled substances in Florida. Administrator further finds that on May Therefore, it is well-settled that when Brett L. Lusskin, M.D.; Revocation of 7, 1998, the Medical Board of the State no question of material fact is involved, Registration of Florida (Medical Board) issued a final a plenary, adversary administrative order indefinitely suspending proceeding involving evidence and On August 10, 1999, the Deputy Respondent’s medical license. In an cross-examination of witnesses is not Assistant Administrator, Office of Opinion filed on March 31, 1999, the obligatory. See Gilbert Ross, M.D., 61 FR Diversion Control, Drug Enforcement District Court of Appeal of the State of 8664 (1996); Philip E. Kirk, M.D., 48 FR Administration (DEA) issued an Order Florida, Fourth District, granted 32,887 (1983), aff’d sub nom Kirk v. to Show Cause to Brett L. Lusskin, M.D. Respondent a new hearing before the Mullen, 749 F.2d 297 (6th Cir. 1984); (Respondent), of Hallandale, Florida, Medical Board but declined to stay the NLRB v. International Association of notifying him of an opportunity to show suspension of Respondent’s medical Bridge, Structural and Ornamental cause as to why DEA should not revoke Ironworkers, AFL–CIO, 549 F.2d 634 his DEA Certificate of Registration license. AL0133102, and deny any pending In his response to the Government’s (9th Cir. 1977). applications for renewal of such motion, Respondent argued that he is Accordingly, the Deputy registration as a practitioner pursuant to retired from the active practice of Administrator of the Drug Enforcement 21 U.S.C. 823(f) and 824(a)(3). The medicine, and therefore, his continued Administration, pursuant to the Order to Show Cause alleged that registration poses no risk to the public authority vested in him by 21 U.S.C. 823 Respondent is not currently authorized interest. Additionally, Respondent and 824 and 28 CFR 0.100(b) and 0.104, to handle controlled substances in the noted that he has filed an Amended hereby orders that DEA Certificates of State of Florida. Complaint with the Agency for Health Registration AL0133102, issued to Brett By letter dated September 8, 1999, Care Administration and expects a L. Lusskin, M.D., be, and it hereby is, Respondent, through counsel, filed a hearing in the near future. revoked. The Deputy Administrator request for a hearing, and the matter was In her Opinion and Recommended further orders that any pending docketed before Administrative Law Decision, Judge Randall found that the applications for renewal of such Judge Gail A. Randall. On October 7, Government presented credible registration be, and they hereby are, 1999, the Government filed a Motion for evidence that Respondent’s Florida denied. This order is effective March 6, Summary Disposition, alleging that medical license was indefinitely 2000. suspended, and the suspension has not Respondent is currently registered with Dated: January 18, 2000. DEA to handle controlled substances in been stayed. Respondent has presented Donnie R. Marshall, Florida, however he is not currently no evidence to the contrary. As Judge authorized by the State of Florida to Randall noted, ‘‘[a] pending rehearing of Deputy Administrator. handle controlled substances. On the Medical Board’s decision does not [FR Doc. 00–2530 Filed 2–3–00; 8:45 am] November 1, 1999, Respondent filed a alter the Respondent’s status in Florida. BILLING CODE 4410±09±M response to the Government’s motion The outcome of a rehearing of the arguing that Judge Randall does not Medical Board’s action is speculative, have sufficient evidence to support the and the decision of the Medical Board DEPARTMENT OF JUSTICE is final until otherwise overturned.’’ allegation that Respondent lacks Drug Enforcement Administration authorization to handle controlled Therefore, the Deputy Administrator substances in Florida. finds that Respondent is not currently Charles W. Marshall, D.P.M.; On November 15, 1999, Judge Randall authorized to practice medicine in the Revocation of Registration issued her Opinion and Recommended State of Florida and as a result, it is Decision finding that Respondent lacks reasonable to infer that he is also not On July 28, 1999, the Deputy authorization to handle controlled authorized to handle controlled Assistant Administrator, Office of substances in the State of Florida; substances in that state. Diversion Control, Drug Enforcement granting the Government’s Motion for DEA does not have statutory authority Administration (DEA), issued an Order Summary Disposition; and under the Controlled Substances Act to to Show Cause to Charles W. Marshall, recommending that Respondent’s DEA issue or maintain a registration if the D.P.M., of Chicago, Illinois, notifying Certificate of Registration be revoked. applicant or registrant is without state him of an opportunity to show cause as Neither party filed exceptions to her authority to handle controlled to why DEA should not revoke his DEA Opinion and Recommended Decision, substances in the state in which he Certificate of Registration BM2648472 and on December 14, 1999, Judge conducts his business. See 21 U.S.C. pursuant to 21 U.S.C. 824(a)(3), and Randall transmitted the record of these 802(21), 823(f) and 824(a)(3). This deny any pending applications for proceedings to the Office of the Deputy prerequisite has been consistently renewal of such registration pursuant to Administrator. upheld. See Romeo J. Perez, M.D., 62 FR 21 U.S.C. 8231(f), for reason that he is The Deputy Administrator has 16,193 (1997); Demetris A. Green, M.D., not currently authorized to handle considered the record in its entirety, 61 FR 60,728 (1996); Dominick A. Ricci, controlled substances in the State of and pursuant to 21 CFR 1316.67, hereby M.D., 58 FR 51,104 (1993). Illinois. The order also notified Dr. VerDate 27 Marshall that should no request for a that any pending applications for the State of Georgia wherein Dr. Miller hearing be filed within 30 days, his renewal of such registration, be, and agreed to the indefinite suspension of hearing right would be deemed waived. they hereby are, denied. This order is his medical license because he had DEA received a signed receipt effective March 6, 2000, and is ‘‘relapsed and returned to the use of indicating that the Order to Show Cause considered the final agency action for chemicals for which he has no was received on August 23, 1999. No appellate purposes pursuant to 21 legitimate and/or medical need.’’ There request for a hearing or any other reply U.S.C. 877. is no evidence in the record to indicate was received by the DEA from Dr. Dated: January 18, 2000. that this indefinite suspension is no Marshall or anyone purporting to Donnie R. Marshall, longer in effect. represent him in this matter. Therefore, the Deputy Administrator, finding that Deputy Administrator. Therefore the Deputy Administrator (1) 30 days have passed since the receipt [FR Doc. 00–2531 Filed 2–3–00; 8:45 am] concludes that Dr. Miller is not of the Order to Show Cause, and (2) no BILLING CODE 4410±09±M currently licensed to practice medicine request for a hearing having been in Georgia, and as a result, it is received, concludes that Dr. Marshall is reasonable to infer that he is not DEPARTMENT OF JUSTICE deemed to have waived his hearing currently authorized to handle right. After considering material from Drug Enforcement Administration controlled substances in that state. The the investigative file in this matter, the DEA does not have the statutory Deputy Administrator now enters his Melvin John Miller, M.D.; Revocation of authority under the Controlled final order without a hearing pursuant Registration Substances Act to issue or maintain a to 21 CFR 1301.43(d) and (e) and registration if the applicant or registrant 1301.46. This final order replaces and On August 5, 1999, the Deputy Assistant Administrator, Office of is without state authority to handle supersedes the final order issued on controlled substances in the state in January 3, 2000. Diversion Control, Drug Enforcement which he conducts his business. See 21 The Deputy Administrator finds that Administration (DEA) issued an Order Dr. Marshall currently possesses DEA to Show Cause to Melvin John Miller, U.S.C. 802(21), 823(f) and 824(a)(3). Certificate of Registration BM2648472 M.D. of Ellijay, Georgia, notifying him of This prerequisite has been consistently issued to him in Illinois. The Deputy an opportunity to show cause as to why upheld. See Romeo J. Perez, M.D., 62 FR Administrator further finds that on DEA should not revoke his DEA 16,193 (1997); Demetris A. Green, M.D., August 19, 1997, the State of Illinois, Certificate of Registration BM1167077 61 FR 60,728 (1996); Dominick A. Ricci, Department of Professional Regulation pursuant to 21 U.S.C. 824(a)(3), and M.D., 58 FR 51,104 (1993). issued an order indefinitely suspending deny any pending applications for Here it is clear that Dr. Miller is not Dr. Marshall’s license to practice renewal of such registration pursuant to currently authorized to handle podiatric medicine. Additionally, Dr. 21 U.S.C. 823(f), for reason that he is not controlled substances in the State of currently authorized to handle Marshall’s state controlled substance Georgia. As a result, Dr. Miller is not controlled substances in the State of license expired on January 31, 1999. entitled to a DEA registration in that Georgia. The order also notified Dr. Therefore, the Deputy Administrator state. concludes that Dr. Marshall is not Miller that should no request for a currently licensed to handle controlled hearing be filed within 30 days, his Accordingly, the Deputy substances in Illinois. hearing right would be deemed waived. Administrator of the Drug Enforcement The DEA does not have the statutory DEA received a signed receipt Administration, pursuant to the authority under the Controlled indicating that the Order to Show Cause authority vested in him by 21 U.S.C. 823 Substances Act to issue or maintain a was received on August 16, 1999. No and 824 and 28 C.F.R. 0.100(b) and registration if the applicant or registrant request for a hearing or any other reply 0.104, hereby orders that DEA is without state authority to handle was received by the DEA from Dr. Miller Certificate of Registration BM1167077, controlled substances in the state in or anyone purporting to represent him previously issued to Melvin John Miller, which he conducts his business. See 21 in this matter. Therefore, the Deputy M.D., be, and it hereby is, revoked. The U.S.C. 802(21), 823(f) and 824(a)(3). Administrator, finding that (1) 30 days Deputy Administrator further orders This prerequisite has been consistently have passed since the receipt of the that any pending applications for the upheld. See Romeo J. Perez, M.D., 62 FR Order to Show Cause, and (2) no request renewal of such registration, be, and 16,193 (1997); Demetris A. Green, M.D., for a hearing having been received, they hereby are, denied. This order is concludes that Dr. Miller is deemed to 61 FR 60,728 (1996); Dominick A. Ricci, effective March 6, 2000, and is have waived his hearing right. After M.D., 58 FR 51,104 (1993). considered the final agency action for Here is clear that Dr. Marshall is not considering material from the currently authorized to handle investigative file in this matter, the appellate purposes pursuant to 21 controlled substances in the State of Deputy Administrator now enters his U.S.C. 877. Illinois. As a result, Dr. Marshall is not final order without a hearing pursuant Dated: January 18, 2000. entitled to a DEA registration in that to 21 C.F.R. 1301.43 (d) and (e) and Donnie R. Marshall, state. 1301.46. This final order replaces and Deputy Administrator. Accordingly, the Deputy supersedes the final order issued on [FR Doc. 00–2532 Filed 2–3–00; 8:45 am] Administrator of the Drug Enforcement January 3, 2000. Administration, pursuant to the The Deputy Administrator finds that BILLING CODE 4410±09±M authority vested in him by 21 U.S.C. 823 Dr. Miller currently possesses DEA and 824 and 28 CFR 0.100(b) and) 0.104, Certificate of Registration BM1167077 hereby orders that DEA Certificate of issued to him in Georgia. The Deputy Registration BM2648472, previously Administrator further finds that on July issued to Charles W. Marshall, D.P.M., 10, 1997, Dr. Miller entered into a be, and it hereby is, revoked. The Consent Order with the Composite State Deputy Administrator further orders Board of Medical Examiners for the VerDate 27 DEPARTMENT OF JUSTICE Eatonville, Washington, where he Respondent testified that at the time continues to practice. that he surrendered his Schedule II Drug Enforcement Administration Respondent testified that he privileges, he was abstaining from [Docket No. 98±38] developed a chemical dependency controlled substances and alcohol, but problem in 1988 or 1989 while going that he felt threatened by the two Theodore Neujahr, D.V.M.; through a divorce. He further testified investigators and signed the voluntary Continuation of Registration that ‘‘I found that the pain relievers that surrender form out of fear. Judge Bittner I had purchased for animals helped to credited Respondent’s testimony on this On July 16, 1998, the Deputy relieve some of my pain, and I found point and found that Respondent Assistant Administrator, Office of that the amphetamines made me feel perceived that he was being threatened. Diversion Control, Drug Enforcement better too.’’ According to Respondent, On May 23, 1990, Respondent began Administration (DEA), issued an Order he took approximately three Dexedrine an outpatient treatment program which to Show Cause to Theodore A. Neujahr, 5 mg. tablets per week and two or three he completed on January 16, 1991. At D.V.M. (Respondent) of Eatonville, Percodan tablets per week for a period the time Respondent entered the Washington, notifying him of an of more than a year. Both of these drugs program, he had been drug-free for opportunity to show cause as to why are Schedule II controlled substances. several months. This program consisted DEA should not revoke his DEA Respondent testified that he became of random urinalysis which were all Certificate of Registration, AN1015331, concerned about his drug use and negative, and counseling sessions. pursuant to 21 U.S.C. 824(a)(4), and contacted a treatment program. On On January 7, 1991, the Washington deny any pending applications for February 23, 1990, Respondent and his State Veterinary Board of Governors renewal or modification of such receptionist, who was also a close (Veterinary Board) issued a Statement of registration as a practitioner under 21 personal friend, met with the doctor in Charges against Respondent seeking U.S.C. 823(f), for reason that his charge of the program. It was agreed that suspension or revocation of his license registration is inconsistent with the the doctor and Respondent’s to practice veterinary medicine on public interest. receptionist would monitor Respondent grounds that he had possessed Schedule By letter dated July 28, 1998, by requesting that Respondent submit to II controlled substances for other than Respondent filed a request for a hearing, a urinalysis if they suspected that he legitimate or therapeutic purposes by and following prehearing procedures, a had taken a mood altering substance. possessing them for his own use. It is hearing was held in Tacoma, In April 1990, a DEA investigator was unclear from the record, but it appears Washington on March 3, 1999, before reviewing DEA order forms used for that at some point Respondent entered Administrative Law Judge Mary Ellen purchasing Schedule II controlled into a stipulation with the Veterinary Bittner. At the hearing, both parties substances and noticed that Respondent Board admitting that he possessed called witnesses to testify and had purchased Dexedrine, which is not Schedule II controlled substances introduced documentary evidence. After commonly used in veterinary practice, including, but not limited to, Dexedrine, the hearing, both parties submitted and Percodan, which is occasionally Percodan, and oxycodone with aspirin proposed findings of fact, conclusions of used in veterinary practice. On April 6, for other than legitimate or therapeutic law, and argument. On July 19, 1999, 1990, the DEA investigator and an purposes. The Veterinary Board Judge Bittner issued her Opinion and investigator with the Washington Board suspended Respondent’s license to Recommended Ruling, Findings of Fact, of Pharmacy went to Respondent’s practice veterinary medicine for at least Conclusions of Law and Decision office where they discovered that 24 months, but stayed the suspension (Opinion), recommending that Respondent kept controlled substances subject to various terms of probation. Respondent’s registration be continued in an unlocked drawer in his office and Specifically, the Veterinary Board and any pending applications be at his residence, which is an required Respondent to submit quarterly granted. Neither party filed exceptions unregistered location. Initially, progress reports on his methods of to Judge Bittner’s Opinion, and on Respondent told the investigators that handling stress, his use of and handling August 19, 1999, the record was he was going to use the Dexedrine to of drugs, his mental and physical transmitted to the Deputy treat obese dogs, but ultimately health, his methods of dealing with Administrator. admitted that he had taken the legal charges, professional The Deputy Administrator has Dexedrine himself. Respondent also responsibilities and activities and considered the record in its entirety and said at some point that he had used the personal activities relating to his pursuant to 21 CFR 1316.67 hereby Percodan to treat dogs. However, the practice; to attend at least two Narcotics issues his final order based upon record does not indicate whether he Anonymous or Alcoholics Anonymous findings of fact and conclusions of law admitted to the investigators during this (12-step) meetings per week; to submit as hereinafter set forth. This final order meeting that he had taken the Percodan to random and observed biological fluid replaces and supersedes the final order himself. testing at least once per month; not to issued on December 14, 1999, and At the conclusion of this meeting, the possess a Schedule II or IIN registration published at 64 FR 72362 (December 27, DEA investigator gave Respondent the for two years; and not to submit a 1999). The Deputy Administrator opportunity to voluntarily surrender his request for reinstatement of his license adopts, with one noted exception, the Schedule II and IIN privileges. for at least two years. Opinion of the Administrative Law Respondent signed the voluntary On April 27, 1992, the Veterinary Judge. His adoption is in no manner surrender form and checked the box that Board accepted a stipulation between diminished by any recitation of facts, indicated that he was surrendering his Respondent and the State of Washington issues and conclusions herein, or of any DEA registration in Schedules II and IIN Department of Health which provided, failure to mention a matter of fact or ‘‘[i]n view of my alleged failure to among other things, that Respondent law. comply with the Federal requirements would sign a contract with the The Deputy Administrator finds that pertaining to controlled substances, and Washington Health Professional Respondent received his degree in as an indication of my good faith in Services (WHPS) program and comply veterinary medicine in 1979. In 1981, desiring to remedy any incorrect or with the terms and conditions of that Respondent started his own practice in unlawful practices on my part.’’ contract, and that if Respondent failed VerDate 27 VerDate 27 (5) Such other conduct which may from evidence in the record that and 824 and 28 CFR 0.100(b) and 0.104, threaten the public health and safety. Respondent violated various provisions hereby orders that DEA Certificate of These factors are to be considered in of Washington state law. Registration AN1015331, previously the disjunctive; the Deputy As to factor five, other than issued to Theodore Neujahr, D.V.M., be, Administrator may rely on any one or a Respondent’s material falsification of and it hereby is, continued and renewed combination of factors and may give his applications for registration, there is in Schedules II, IIN, IIIN, IV and V. This each factor the weight he deems no evidence that Respondent has final order is the final agency action for appropriate in determining whether a engaged in any other conduct that may appellant purposes pursuant to 21 registration should be revoked or an threaten the public health and safety. U.S.C. 877. application for registration be denied. The Deputy Administrator agrees with Dated: January 18, 2000. See Henry J. Schwarz, Jr., M.D., 54 FR Judge Bittner’s conclusion that the 16422 (1989). Government has made a prima facie Donnie R. Marshall, As to factor one, it is undisputed that case that Respondent’s continued Deputy Administrator. Respondent’s state veterinary license registration would be inconsistent with [FR Doc. 00–2534 Filed 2–3–00; 8:45 am] was suspended for 24 months, with the the public interest. Respondent used his BILLING CODE 4410±09±M suspension stayed and his license privileges as a DEA registrant to obtain placed on probation subject to various controlled substances to support his conditions. It is also undisputed that chemical dependency, and he materially DEPARTMENT OF JUSTICE Respondent entered into a Stipulation falsified his 1992 and 1995 renewal with the state whereby he agreed to applications. Drug Enforcement Administration enter into a contract with the WHPS. However, he has undergone treatment [Docket No. 99±1] However, his state license is now for his chemical dependency and has unrestricted and he is authorized to not abused controlled substances since Michael Alan Patterson, M.D.; Grant of handle controlled substances in the 1990. Further, evidence in the record Restricted Registration State of Washington. But as Judge suggests that there is little likelihood of Bittner noted, ‘‘inasmuch as State Respondent relapsing. The Deputy On September 23, 1998, the Deputy authorization is a necessary but not Administrator finds it noteworthy that Assistant Administrator, Office of sufficient condition for a DEA Respondent first sought treatment for Diversion Control Drug Enforcement registration, * * * this factor is not his chemical dependency on his own Administration (DEA), issued an Order determinative.’’ and not at the direction of another. to Show Cause to Michael Alan Regarding factor two, it is undisputed Judge Bittner also found it significant Patterson, M.D. (Respondent) of that Respondent used his DEA that ‘‘there is no evidence that Memphis, Tennessee, notifying him of Certificate of Registration and official [Respondent] improperly handled an opportunity to show causes as to order forms to obtain Schedule II controlled substances in any way since why DEA should not deny his controlled substances which he then 1992, when he regained a DEA application for registration as a abused himself for about a year in 1988 registration.’’ However, the Deputy practitioner pursuant to 21 U.S.C. or 1989. However, this behavior was a Administrator can find no evidence in 823(f), for reason that his registration result of Respondent’s chemical the record that Respondent ever would be inconsistent with the public dependency for which he has received completely lost his DEA privileges. But interest. treatment. He has not abused controlled it appears from the evidence in the By letter dated October 22, 1998, substances since 1990, and he has a record that Respondent has had a DEA Respondent, through counsel, requested good support network in place to help registration since 1981. Therefore, the a hearing on the issues raised by the prevent any relapse. There is no other Deputy Administrator finds it Order to Show Cause. Following evidence that Respondent has significant that there is no evidence that prehearing procedures, a hearing was improperly dispensed controlled Respondent has improperly handled held in Nashville, Tennessee on March substances. controlled substances in any way since 10, 1999, before Administrative Law As to factor three, there is no evidence 1990. Judge Gail A. Randall. At the hearing, that Respondent has ever been Regarding the material falsification of both parties called witnesses to testify convicted under State or Federal laws Respondent’s renewal applications, the and introduced documentary evidence. relating to the manufacture, Deputy Administrator agrees with Judge After the hearing, both parties submitted distribution, or dispensing of controlled Bittner who noted that ‘‘Respondent proposed findings of fact, conclusions of substances. acknowledged that he falsified his law and argument. On August 11, 1999, Regarding factor four, there is applications, he apparently regretted Judge Randall issued her Recommended evidence in the record that Respondent that conduct, and I believe that he will Rulings, Findings of Fact, Conclusions has failed to comply with applicable not repeat it.’’ of Law, and Decision (Opinion), laws relating to controlled substances. Judge Bittner concluded ‘‘that the recommending that Respondent’s By furnishing false information on his evidence that Respondent has remained application for registration be granted applications for DEA registration, drug free for more than eight years prior subject to various conditions. Neither Respondent violated 21 U.S.C. to the hearing and is remorseful about party filed exceptions to Judge Randall’s 843(a)(4)(A). By using DEA order forms his prior behavior weighs in favor of Opinion, and on September 15, 1999, to obtain controlled substances for his continuing his registration.’’ As a result, Judge Randall transmitted the record of own use, Respondent violated 21 U.S.C. Judge Bittner recommended that these proceedings to the Deputy 828(e), and by dispensing controlled Respondent’s DEA registration be Administrator. substances for other than legitimate continued. The Deputy Administrator The Deputy Administrator has medical purposes, Respondent violated agrees. considered the record in its entirety, 21 U.S.C. 841(a)(1). Further, Respondent Accordingly, the Deputy and pursuant to 21 CFR 1316.67, hereby violated 21 CFR 1301.75(b) by failing to Administrator of the Drug Enforcement issues his final order based upon maintain adequate physical security of Administration, pursuant to the findings of fact and conclusions of law controlled substances. It also appears authority vested in him by 21 U.S.C. 823 as hereinafter set forth. This final order VerDate 27 VerDate 27 December 31, 1992. Respondent did not he dispensed controlled substances not his criminal probation is lifted, but for submit a renewal application for this in the course of professional practice. not less than two years. license until March 23, 1993 and did Respondent stopped practicing Respondent has been in compliance not pay the license fee until May 11, medicine when he received written with the Board’s restrictions. On 1993. Respondent continued to practice notification in July 1994 of the Board’s average, Respondent is tested for drugs medicine even though his license had action. eight to ten times per year. According to not been renewed. Respondent Based upon his conduct in 1991 and Respondent, he plans to maintain a explained that when he returned to 1992, Respondent was indicted on July lifetime relationship with the PHP, not work in 1993, he thought his medical 19, 1995, in the United States District just the five years imposed by the Board. license was in a ‘‘grace period.’’ Court for the Western District of The medical director of the PHP After completing his treatment in June Tennessee, and charged with 387 felony testified at the hearing that he has been 1993, Respondent returned to work at counts related to his handling of in frequent contact with Respondent for the 24-hour minor medical emergency controlled substances. On November 18, over three and a half years. He believes center and for the emergency room 1996, Respondent pled guilty to 17 that Respondent’s prognosis for service, both of which were aware of counts of the unlawful distribution of continued recovery from his drug Respondent’s prior drug treatments. On controlled substances in violation of 21 addiction is excellent. The medical his application for employment with the U.S.C. 841(a)(1). On March 27, 1997, director testified that he does not have emergency room service submitted on Respondent was sentenced to three any reservations concerning September 29, 1993, Respondent years probation, 2,000 hours of Respondent’s ability to handle indicated that his privileges or community service, and assessed a fine Schedules III, IV and V controlled professional services at any hospital had of $850. As conditions of his probation, substances and that he ‘‘fully never been revoked, even though his Respondent is required to submit a support[s]’’ the granting of Respondent’s privileges at the hospital center had random drug screens and to meet application. However, both Respondent been revoked in September 1992. At the monthly with his probation officer. As and the medical director testified that hearing, Respondent admitted that this of the date of the hearing Respondent Respondent may benefit from a course mistake was an oversight and that ‘‘[he] had completed 1,500 to 1,600 hours of on the proper handling of controlled substances. had no reason to intentionally try and his community service obligation and Respondent testified that he has been mislead or lie on that application.’’ had complied with all of the conditions Respondent has maintained a contract sober since November 6, 1992. He of his probation. with the PHP since March 3, 1993. After further testified that he would pay On July 1, 1995, Respondent began a treatment, the PHP coordinates and greater attention to detail about his three-year psychiatry residency program monitors physicians’ recovery process registration status, and the proper for a minimum of two years. As part of at the University of Tennessee. He was maintenance and renewal of his DEA this contract with the PHP physicians selected for the position of Chief and state registration ‘‘won’t be a agree to attend weekly peer group Resident in psychiatry by his fellow problem in the future at any time.’’ He meetings and monthly meetings with residents and faculty. During his feels that he is ‘‘much more PHP personnel, to undergo random drug residency, Respondent used the responsible’’ now. Respondent is testing, to attend Alcoholics institutional DEA numbers of the ashamed of his previous conduct. He Anonymous or Narcotics Anonymous institutions where he worked as a testified however that ‘‘today I know meetings, and to participate in resident. No questions were ever raised that I’m not the same person that I was individualized therapy. by any official or representative at the six, seven, eight years ago * * * who After fulfilling the terms of his initial University of Tennessee regarding was sick and addicted.’’ Respondent two-year contract with the PHP, Respondent’s handling of controlled testified that he understands the Respondent has continued to renew his substances. consequences of a relapse. contract. Respondent has complied with After his indictment and while in his Since 1998, Respondent has been the terms of his contract. residency program, Respondent assisted employed at a treatment facility where, As a result of Respondent’s past DEA in undercover activities for close to for the most part, he practices addiction behavior, the Tennessee Board of a year. Respondent’s assistance medicine. Presently, if Respondent’s Medical Examiners (Board) sought to produced four controlled substance treatment of a patient requires the use take action against Respondent’s buys, two of which resulted in of controlled substances, one of Tennessee medical license. Respondent convictions. Respondent’s supervisors writes the failed to appear for a scheduled hearing Effective October 6, 1997, the Board prescription. The Board has approved before the Board on June 21, 1994. reinstated Respondent’s medical Respondent’s employment at the According to Respondent he never license, finding that ‘‘[t]he [Respondent] treatment facility and any change in received notice from the Board that the has been monitored by the Tennessee employment would require additional hearing was going to take place. As a Medical Foundation’s Physician Health Board approval. result, on June 22, 1994, the board Program and is currently in good On October 28, 1997, Respondent entered a Default Order revoking standing with the program. He executed the application for registration Respondent’s Tennessee medical license presented evidence of five (5) years of that is the subject of these proceedings. and assessing a $4,300 civil penalty. sobriety.’’ The Board placed several Respondent applied to be registered in The Board found among other things restrictions on Respondent’s medical Schedules III, IV and V and provided that Respondent had lied on his license including that he maintain an his home address as his ‘‘Proposed Tennessee medical license renewal form affiliation with the PHP for five years to Business Address.’’ Respondent testified and on his employment application include at least five unannounced drug that he does not intend to handle dated September 29, 1993, that he screens per year; that he only apply for controlled substances at his residence engaged in unprofessional, dishonorable a DEA registration in Schedules III, IV and that the address on his application or unethical conduct, that he was and V; and that he only practice in a should be modified to reflect the habitually intoxicated which affected supervised setting under a licensed address at the treatment facility where his ability to practice medicine, and that physician acceptable to the Board until he is currently employed. VerDate 27 Pursuant to 21 U.S.C. 823(f), the controlled substances may be behavior when he was addicted to drugs Deputy Administrator may deny an considered under factors two and four. and alcohol, and as has been previously application for a DEA Certificate of The Deputy Administrator finds that discussed, Respondent has been drug- Registration, if he determines that the Respondent’s handling of controlled free for seven years and his prognosis registration would be inconsistent with substances was abysmal during his for continued recovery is excellent. the public interest. Section 823(f) active drug abuse. Respondent violated As to factor five, other conduct which requires that the following factors be 21 U.S.C. 843(a)(2) by prescribing may threaten the public health and considered in determining the public controlled substances without a valid safety, it is undisputed that Respondent interest: DEA registration. He caused his expired was previously addicted to alcohol and (1) The recommendation of the DEA Certificate of Registration to be drugs, including marijuana, cocaine and appropriate State licensing board or altered. In addition, Respondent crack cocaine. According to professional disciplinary authority. violated 21 U.S.C. 841(a)(1) by Respondent, his conduct was (2) The applicant’s experience in prescribing controlled substances to ‘‘dangerous, illegal, [and] irresponsible’’ dispensing, or conducting research with individuals for no legitimate medical when he was addicted. However, respect to controlled substances. purpose. He wrote these prescriptions in Respondent has under gone intensive (3) The applicant’s conviction record exchange for discounts on his cocaine treatment for his substance abuse and under Federal or State laws relating to and crack purchases and in exchange for his treatment is ongoing. the manufacture, distribution, or topless dances from women. It is true that Respondent previously dispensing of controlled substances. The Deputy Administrator finds this had undergone treatment but had (4) Compliance with applicable State, conduct to be reprehensible, and relapsed. However, Respondent admits Federal, or local laws relating to certainly could justify denying that he was resistant to treatment at that controlled substances. Respondent’s application for time. The second time that Respondent (5) Such other conduct which may registration. However, all of this entered treatment, he did so voluntarily threaten the public health and safety. conduct occurred when Respondent was and is committed to such treatment. The These factors are to be considered in heavily involved in substance abuse. evidence suggests that his chances of the disjunctive; the Deputy Respondent has been drug-free since relapse are slight. He understands the Administrator may rely on any one or a November 1992. He underwent consequences of a relapse. He intends to combination of factors and may give intensive treatment and is still actively maintain a lifetime relationship with the each factor the weight he deems participating in aftercare treatment. PHP and he currently works with others appropriate in determining whether a Also of concern is that Respondent who are addicted to drugs and alcohol. registration should be revoked or an continued to practice medicine in 1993 Judge Randall also found it significant application for registration denied. See after he failed to timely renew his state under this factor that Respondent Henry J. Schwarz, Jr., M.D., 54 FR 16422 medical license. However, this occurred incorrectly listed his home address on (1989). when Respondent was undergoing his application for registration. As to factor one, the Board revoked substance abuse treatment and he However, she further found that it was Respondent’s Tennessee medical license thought his license was subject to a not so egregious as to warrant a denial in June of 1994. However, three years grace period. of Respondent’s application for later the Board reinstated Respondent’s Other than his practice of medicine registration. The Deputy Administrator license subject to various restrictions. In without a current state license, there is agrees that this incorrect listing of his reinstating Respondent’s license, the no evidence that Respondent business address does not warrant Board recognized that Respondent had improperly handled controlled denial of Respondent’s application. been drug-free for five years and was in substances after he entered treatment in Judge Randall concluded, and the good standing with the PHP. Therefore, November 1992. In fact, Respondent Deputy Administrator agrees, that the it is undisputed that Respondent is handled controlled substances without Government has made a prima facie currently authorized to handle question from July 1, 1995 to June 30, case for denial of Respondent’s controlled substances in Tennessee. 1998 when using institutional numbers application. Respondent unlawfully While state licensure is a prerequisite issued to him by the University of prescribed controlled substances, for a DEA registration, it is not Tennessee during his residency. altered his DEA Certificate of dispositive of whether Respondent’s Regarding factor three, it is Registration, abused alcohol and drugs, registration would be in the public undisputed that when Respondent was and was convicted of offenses relating to interest. However, it is noteworthy that abusing drugs and alcohol, he was controlled substances. However, it is not the Board stated that ‘‘[a]ny DEA arrested for drunk driving, reckless in the public interest to deny certificate that the [Respondent] shall driving, public intoxication and Respondent’s application. apply for shall be limited to Schedule possession of drug paraphernalia. He Respondent has acknowledged his III, IV and V.’’ The Deputy pled guilty to two of these charges. In past unlawful behavior and has Administrator agrees with Judge Randall addition, on November 18, 1996, accepted responsibility for his conduct. that, ‘‘[a]lthough this restriction is not Respondent pled guilty to 17 counts of Respondent had a serious addiction to an endorsement by the Board for issuing unlawful distribution of controlled drugs and alcohol during his unlawful a DEA registration to the Respondent, at substances. Respondent was sentenced conduct. He has been sober since a minimum, this statement expresses to three years probation and 2,000 hours November 1992 and his chances of the Board’s confidence in the of community service. Evidence in the continued recovery are excellent. He Respondent’s ability to handle the record indicates that Respondent has intends to maintain a lifetime responsibilities of a DEA registrant, complied with the terms of his relationship with the PHP and he is particularly regarding the Respondent’s probation. While such convictions currently still being monitored by the ability to handle Schedules III, IV and clearly could justify denying State of Tennessee. The evidence V controlled substances.’’ Respondent’s application for suggests that Respondent is clearly Respondent’s experience in registration, the Deputy Administrator committed to his recovery and is dispensing controlled substances and finds it significant that these seeking to help others with substance his compliance with laws related to convictions resulted from Respondent’s abuse problems by predominantly VerDate 27 VerDate 27 On November 19, 1998, Judge Randall December 22, 1999. The Deputy The Government does not dispute transmitted the record, including Administrator adopts, in full, the Respondent’s assertion. Therefore, the Respondent’s Application, to the then- Supplemental Decision: Recommended Deputy Administrator concludes that Acting Deputy Administrator for final Decision, Findings and Conclusions of Respondent has met the initial agency action. After a careful review of the Administrative Law Judge threshold that he is a prevailing party the entire record, the Deputy Concerning the Respondent’s eligible for attorney’s fees and other Administrator issued his final order in Application for Fees and Expenses expenses under the EAJA. this matter on May 3, 1999, adopting, in Under the Equal Access to Justice Act. Next, it must be determined whether full, the Administrative Law Judge’s His adoption is in no manner the position of the Government was findings of fact and conclusions of law, diminished by any recitation of facts, substantially justified. A presumption and continuing Respondent’s issues and conclusions herein, or of any exists that a prevailing party may registration without taking any adverse failure to mention a matter of fact or recover an EAJA award, unless the action. See Paul W. Saxton, D.O., 64 FR law. position of the Government was 25073 (May 10, 1999). In his final order, The Deputy Administrator finds that substantially justified. See 28 U.S.C. the Deputy Administrator denied a party may file a claim for attorney’s 2412(d)(1)(A); 28 CFR 24.106(a). Once Respondent’s application for attorney’s fees and other expenses under the Equal alleged by the claimant that the position fees finding that Respondent’s Access to Justice Act (EAJA), 28 U.S.C. of the Government was not substantially Application was premature because 2412. Pursuant to 5 U.S.C. 504(a)(1), justified, the burden of proof shifts to ‘‘such a request may only be filed after which incorporates the EAJA into the the Government to demonstrate by a a party has prevailed in an action Administrative Procedure Act, an preponderance of the evidence that its brought by DEA.’’ Id. at 25074. agency that conducts adversary position was substantially justified and On May 18, 1999, after issuance of the adjudications shall award fees and that attorney’s fees and other expenses final order, Respondent’s counsel filed a expenses if: (1) The claimant is a should not be awarded. See United letter requesting to renew his prevailing party in the underlying States v. One Parcel of Real Property, Application filed on November 5, 1998, action; (2) the position of the 960 F.2d 200, 208 (1st Cir. 1992). since the agency’s final order had now Government was not substantially The ‘‘position of the United States’’ is been entered. On June 17, 1999, the justified; and (3) there were no special defined as being that position ‘‘in Government filed an Answer in circumstances that would make an addition to the position taken by the Opposition to Respondent’s Application award against the Government unjust. United States in the civil action, the for Attorneys’ Fees and Expenses Under An administrative hearing to revoke a action or failure to act by the agency the Equal Access to Justice Act. Judge DEA Certificate of Registration to upon which the civil action is based.’’ Randall then provided Respondent an dispense controlled substances is 28 U.S.C. 2412(d)(2)(D). Although opportunity to respond to the considered an ‘‘adversary adjudication’’ ‘‘position’’ encompasses the Government’s submission, and on July covered by the EAJA. See 28 CFR Government’s prelitigation conduct and 19, 1999, Respondent filed a Response 24.103(a)(1). subsequent litigation position, only one to the Government’s Answer. The Deputy Administrator concludes determination of substantial On September 22, 1999, Judge Randall that Respondent is a prevailing party justification to the entire matter should issued her Supplemental Decision: and has therefore met the initial be made. See Commissioner, INS v. Recommended Decision, Findings and qualifying threshold for an award of fees Jean, 496 U.S. 154, 160–62 (1990) Conclusions of the Administrative Law and expenses under the EAJA. A (‘‘While the parties’ postures on Judge Concerning the Respondent’s ‘‘prevailing party’’ is one who can be individual matters may be more or less Application for Fees and Expenses found to have essentially succeeded on justified, the EAJA—like other fee- Under the Equal Access to Justice Act the claims for relief. See Brown v. shifting statutes—favors treating a case (Supplemental Decision), Secretary of Health and Human Servs. as an inclusive whole, rather than as recommending that Respondent’s 747 F.2d 878, 883 (3rd Cir. 1984). In the atomized line-items.’’) Therefore, the Application be denied. Neither party underlying matter upon which this Deputy Administrator concludes that filed exceptions to Judge Randall’s Application is based, Respondent the Government’s position as a whole Supplemental Decision and on October contended that his continued must be considered in determining 25, 1999, the record concerning registration would not be inconsistent whether there was substantial Respondent’s Application was with the public interest, and that his justification for that position. forwarded to the Deputy Administrator. DEA registration should not be revoked. The test for substantial justification is Pursuant to 28 CFR 24.307, the The Deputy Administrator agreed with whether a reasonable person would find ‘‘decision of the adjudicative officer will Respondent and ordered that no adverse that the Government’s position was be reviewed to the extent permitted by action be taken against Respondent’s reasonable in both fact and law. See law by the Department in accordance DEA registration. See Saxton, 64 FR at Derickson Co. v. NLRB, 774 F.2d 229, with the Department’s procedures for 25080. Therefore, the Deputy 232 (8th Cir. 1985); Enerhaul, Inc. v. the type of proceeding involved. The Administrator concludes that NLRB, 710 F.2d 748, 750, reh’g denied, Department will issue the final decision Respondent has succeeded on his 718 F.2d 1115 (11th Cir. 1983); see also on the application.’’ ‘‘Department’’ is claims for relief. H.R. Conf. Rep. No. 96–1434 at 22 defined as ‘‘the relevant departmental In addition, for a claimant to be (1980). To meet its burden of component which is conducting the considered a prevailing party eligible for demonstrating the substantial adversary adjudication (e.g., Drug an award of attorney’s fees and other justification for its position, the Enforcement Administration * * *.) ’’ expenses the claimant must be an Government must make a ‘‘strong See 28 CFR 24.102. Therefore, the individual whose net worth does not showing’’ and must demonstrate that it Deputy Administrator hereby issues his exceed $2,000,000 at the time the ‘‘had a reasonable basis for the facts final order based upon findings of fact adversary adjudication was initiated. alleged, that it had a reasonable basis in and conclusions of law as hereinafter set See 5 U.S.C. 504(b)(1)(B). In his law for the theories it advanced, and forth. This final order replaces and Application, Respondent asserts that he that the former supported the latter.’’ supersedes the final order issued on has a net worth of less than $2,000,000. One Parcel of Real Property, 960 F.2d at VerDate 27 208 (quoting Sierra Club v. Secretary of found ‘‘consistent patterns supporting Administrator, in his discretionary the Army, 820 R.2d 513, 517 (1st Cir. the contention that [Respondent] has authority, to find for the Respondent.’’ 1987)). been inappropriately and excessively Regarding Respondent’s illegal Also, it is noteworthy that pursuant to prescribing controlled substances, prescribing of anabolic steroids, the 28 CFR 24.105(c), ‘‘[n]o presumption particularly opioids.’’ See Saxton, 64 FR Deputy Administrator agrees with Judge arises that the agency’s position was not at 25074. Also, Respondent failed to Randall that ‘‘Respondent ultimately substantially justified simply because inventory his controlled substances the agency did not prevail.’’ See also, properly and failed to retain the prevailed, not because the Government Griffon v. Department of Health and required records needed to ensure failed to prove its case, but because the Human Servs., 832 F.2d 51, 52 (5th Cir. accountability for the controlled Deputy Administrator, in his 1987). As Judge Randall noted, ‘‘the substances maintained and dispensed in discretionary authority, found government may demonstrate that its his medical practice. See id. at 25079. persuasive the Respondent’s position was substantially justified, Failure to maintain proper records has rehabilitation evidence that he had even though it was a losing one.’’ previously been a basis for revocation of ceased his unlawful prescribing of In this case, the Deputy Administrator a DEA Certificate of Registration. See anabolic steroids.’’ agrees with Judge Randall’s conclusion Farmacia Ortiz, 61 FR 726, 727–728 Therefore, Judge Randall found that that ‘‘an evaluation of the record as a (1996); Harlan J. Borcherding, D.O., 60 ‘‘the Government’s actions in preparing whole supports the position that the FR 28796, 28798 (1995). Finally, at the and pursuing the revocation of the Government was substantially justified time the Government initiated its action Respondent’s DEA Certificate of in initiating and pursuing the against Respondent, it had evidence that underlying cause of action.’’ As noted Registration were substantially Respondent had prescribed anabolic justified.’’ The Deputy Administrator by Judge Randall, ‘‘the final order steroids for muscle enhancement in agrees. While Respondent ultimately recognized, ‘[w]ithout a doubt, the violation of state and Federal law. See prevailed in the underlying matter, the Government had legitimate concerns as Saxton, 64 FR at 25074, 25079. a result of its initial investigation of the Government’s position was reasonable Thus, the Deputy Administrator finds and therefore substantially justified. Respondent and his prescribing that the Government was substantially practices‘ ’’ See Saxton, 64 FR at 25079. justified in pursuing the revocation of The Deputy Administrator finds that Judge Randall concluded that both the Respondent’s DEA Certificate of neither party alleged that special Government and Respondent incorrectly Registration. Respondent ultimately circumstances exist that would make an reargued the evidence regarding each of prevailed because of the evidence that award of attorney’s fees and other the five public interest factors in he presented at the hearing. expenses under the EAJA unjust. asserting whether the Government’s position was substantially justified. The Respondent presented evidence that Judge Randall noted that the parties test is not whether each individual the medical community was in argued about the appropriate amount of litigated claim was substantially disagreement over the use of controlled attorney’s fees to be awarded. However, justified, but rather oversell, whether substances in the treatment of chronic Judge Randall found it unnecessary to the Government’s litigation and pain patients. Respondent’s two experts decide this issue since she found that prelitigation position was substantially testified that Respondent’s method of the Government’s position was justified. See Jean, 496 U.S. at 160–62. pain management was a medically substantially justified and therefore recognized form of chronic pain As further support, the Government’s recommended that no fees be awarded. ‘‘position,’’ in the singular, suggests that treatment. See id. at 25075. As Judge only one finding concerning substantial Randall stated, ‘‘[t]he Respondent The Deputy Administrator agrees. justification need by made. See id. at prevailed only after exploring and While Respondent ultimately prevailed 159. After evaluating the record in this presenting evidence on the split in the and his registration was not revoked, the matter, Judge Randall concluded ‘‘that medical community concerning the Government’s position was substantially in the eyes of a reasonable person, the prescribing of controlled substances for justified. Therefore, Respondent’s Government’s position was reasonable chronic pain. The Respondent’s application for attorney’s fees and other both in fact and in law.’’ witnesses were found to be more expenses must be denied. persuasive than those of the The state agency responsible for Accordingly, the Deputy Government; yet, this does not mean regulating health-care professionals had Administrator of the Drug Enforcement that the Government was not received complaints over the years Administration, pursuant to the regarding Respondent’s prescribing substantially justified in its position or its case presentation.’’ authority vested in him by 28 U.S.C. practices. An initial evaluation of 2412, 5 U.S.C. 504, and 28 CFR 24.307, patient profiles showed that As to Respondent’s recordkeeping 0.100(b) and 0.104 hereby orders that Respondent’s prescribing practices violations, the Deputy Administrator the Application for Fees and Expenses exceeded the recognized prescribing concluded that revocation was not standards established by the Physician’s warranted not because the Government under the Equal Access to Justice Act Desk Reference (PDR). While the PDR failed to prove its case, but because submitted by Paul W. Saxton, D.O., be, does not establish binding standards on Respondent presented significant and it hereby is, denied. This final order physicians, exceeding those standards is evidence of rehabilitation and remedial is considered the final agency action for a sufficient indicator that further training. See id. at 25079. Judge Randall purposes of appellate review pursuant investigation into the physician’s noted that ‘‘this evidence does not to 5 U.S.C. 504(c)(2) and 21 U.S.C. 877. prescribing is warranted. See Saxton, 64 eradicate the Respondent’s prior Dated: January 18, 2000. FR at 25078; see also Margaret E. Sarver, wrongdoing, on which the Donnie R. Marshall, M.D., 61 FR 57896, 57900 (1996). An Government’s position was based; Deputy Administrator. expert in pain management reviewed rather, this evidence of remedial action Respondent’s prescribing patterns and merely added weight in favor of the [FR Doc. 00–2535 Filed 2–3–00; 8:45 am] patient charts for the Government and Respondent and enabled the Deputy BILLING CODE 4410±09±M VerDate 27 DEPARTMENT OF JUSTICE The DEA does not have the statutory Recommendations; and FY 2002 Budget authority under the Controlled Recommendations. Drug Enforcement Administration Substances Act to issue or maintain a CONTACT PERSON FOR MORE INFORMATION: registration if the applicant or registrant Larry Solomon, Deputy Director, (202) C. Van Nostrand-Perkins, M.D.; is without state authority to handle 307–3106, ext. 155. Revocation of Registration controlled substances in the state in which she conducts her business. See Morris L. Thigpen, On August 5, 1999, the Deputy 21 U.S.C. 802(21), 823(f) and 824(a)(3). Director. Assistant Administrator, Office of This prerequisite has been consistently [FR Doc. 00–2515 Filed 2–3–00; 8:45 am] Diversion Control, Drug Enforcement upheld. See Romeo J. Perez, M.D., 62 FR BILLING CODE 4410±36±M Administration (DEA), issued an Order 16,193 (1997); Demetris A. Green, M.D., to Show Cause to C. Van Nostrand- 61 FR 60,728 (1996); Dominick A. Ricci, Perkins, M.D., of Huntington Beach, M.D., 58 FR 51, 104 (1993). DEPARTMENT OF LABOR California, notifying her of an Here it is clear that Dr. Van Nostrand- opportunity to show cause as to why Perkins is not currently authorized to Office of the Secretary DEA should not revoke her DEA handle controlled substances in the Certificate of Registration BP3939165 State of California. As a result, she is not Submission of OMB Review; Comment pursuant to 21 U.S.C. 824(a)(3), and entitled to a DEA registration in that Request deny any pending applications for state. February 2, 2000. renewal of such registration pursuant to Accordingly, the Deputy The Department of Labor (DOL) has 21 U.S.C. 823(f), for reason that she is Administrator of the Drug Enforcement submitted the following public not currently authorized to handle Administration, pursuant to the information collection requests (ICRs) to controlled substances in the State of authority vested in him by 21 U.S.C. 823 the Office of Management and Budget California. The order also notified Dr. and 824 C.F.R. 0.100(b) and 0.104, (OMB) for review and approval in Van Nostrand-Perkins that should no hereby orders that DEA Certificate of accordance with the Paperwork request for a hearing be filed within 30 Registration BP3939165, previously Reduction Act of 1995 (Pub. L. 104–13, days, her hearing right would be issued to C. Van Nostrand-Perkins, 44 U.S.C. Chapter 35). A copy of each deemed waived. M.D., be, and it hereby is, revoked. The individual ICR, with applicable Deputy Administrator further orders DEA received a signed receipt supporting documentation, may be that any pending applications for the indicating that the Order to Show Cause obtained by calling the Department of renewal of such registration, be, and was received on or about August 13, Labor. To obtain documentation for they hereby are, denied. This order is 1999. No request for a hearing or any BLS, ETA, PWBA, and OASAM contact effective March 6, 2000, and is other reply was received by the DEA Karin Kurz ((202) 219–5096 ext. 159 or considered the final agency action for from Dr. Van Nostrand-Perkins or by E-mail to [email protected]). To appellate purposes pursuant to 21 anyone purporting to represent her in obtain documentation for ESA, MSHA, U.S.C. 877. this matter. Therefore, the Deputy OSHA, and VETS contact Darrin King Administrator, finding that (1) 30 days Dated: January 18, 2000. ((202) 219–5096 ext. 151 or by E-Mail to have passed since the receipt of the Donnie R. Marshall, [email protected]). Order to Show Cause, and (2) no request Deputy Administrator. Comments should be sent to Office of for a hearing having been received, Information and Regulatory Affairs, concludes that Dr. Van Nostrand- [FR Doc. 00–2533 Filed 2–3–00; 8:45 am] BILLING CODE 4410±09±M Attn: OMB Desk Officer for BLS, DM, Perkins is deemed to have waived her ESA, ETA, MSHA, OSHA, PWBA, or hearing right. After considering material VETS, Office of Management and from the investigative file in this matter, DEPARTMENT OF JUSTICE Budget, Room 10235, Washington, DC the Deputy Administrator now enters 20503 ((202) 395–7316), within 30 days his final order without a hearing National Institute of Corrections from the date of this publication in the pursuant to 21 C.F.R. 1301.43(d) and (e) Federal Register. and 1301.46. This final order replaces Advisory Board Meeting The OMB is particularly interested in and supersedes the final order issued on comments which: TIME AND DATE: 7:30 a.m. to 5 p.m. on January 3, 2000. • evaluate whether the proposed Monday, March 6, 2000 and 8:30 a.m. to The Deputy Administrator finds that collection of information is necessary 12 noon to Tuesday, March 7, 2000. Dr. Van Nostrand-Perkins currently for the proper performance of the possesses DEA Certificate of PLACE: Westin Hotel—Seattle, 1900 functions of the agency, including Registration BP3939165 issued to her in Fifth Avenue, Seattle, Washington whether the information will have California. The Deputy Administrator 98101. practical utility; further finds that effective August 14, STATUS: Open. • evaluate the accuracy of the 1997, the Division of Medical Quality, MATTERS TO BE CONSIDERED: Tours/ agency’s estimate of the burden of the Medical Board of California, Department Presentations Concerning King County proposed collection of information, of Consumer Affairs, State of California Crisis Triage Unit/Pre-Booking including the validity of the revoked Dr. Van Nostrand-Perkins’ Diversion, Seattle Police Department methodology and assumptions used; license to practice medicine. The Crisis Intervention Team, King County • enhance the quality, utility, and Deputy Administrator concludes that Mental Health Court Proceedings and clarity of the information to be Dr. Van Nostrand-Perkins is not Post-Booking Diversion Proceedings; collected; and currently licensed to practice medicine Updates on Mentally Ill in Prisons and • minimize the burden of the in California, and therefore it is Jails, the NIC Strategic Plan, Interstate collection of information on those who reasonable to infer that she is not Compact Activities, Advisory Board are to respond, including through the currently authorized to handle Hearings; Reports by Program Divisions; use of appropriate automated, controlled substances in that state. FY 2001 Service Plan electronic, mechanical, or other VerDate 27 VerDate 27 TA–W–37,167; GL&V/Dorr Oliver, Inc., workers’ firm, or an appropriate Facility, Clearfield, PA, Hazleton, PA: November 23, 1998. subdivision thereof, (including workers Fletcherville Facility, Clearfield, TA–W–37,212; Young Generations, Inc., in any agricultural firm or appropriate PA, Hyde Facility, Hyde, PA and Hendersonville, NC: December 9, subdivision thereof) have become totally Kent Facility, Curwensville, PA 1998. or partially separated from employment NAFTA–TAA–03345; Pacific Scientific TA–W–37,193; Russell Corp, Russell and either— HTL Kin/Tech Facility, Yorba Athletic, Columbia, AL and (2) That sales or production, or both, Linda, CA Crestview, FL: December 10, 1998. of such firm or subdivision have The investigation revealed that the TA–W–37,150; SRC Vision, Medford, decreased absolutely, criteria for eligibility have not been met OR: November 22, 1998. (3) That imports from Mexico or for the reasons specified. TA–W–36,945; Moll Industries, Inc., Canada of articles like or directly NAFTA–TAA–3622; American Meter Anchor Advanced Products, competitive with articles produced by Co., Industrial Products Business Cosmetic Packaging Div., such firm or subdivision have increased, Unit, Erie, PA Morristown, TN: September 23, and that the increases imports 1998. contributed importantly to such The investigation revealed that TA–W–36,949; Spring Ford Industries, workers’ separations or threat of criteria (2) has not been met. Sales or Inc., Plant #1, and Plant #2, separation and to the decline in sales or Production, or both, of such firm or Chilhowie, VA: September 28, 1998. production of such firm or subdivision; subdivision did not decrease absolutely. TA–W–37,133; Fuchs Systems, Inc., or Affirmative Determinations NAFTA– Salisbury, NC: November 22, 1998. (4) That there has been a shift in TAA TA–W–37,213; U.S. Forest Industries, production by such workers’ firm or NAFTA–TAA–03610; GL&V/Dorr-Oliver, Inc., White City, OR: December 13, subdivision to Mexico or Canada of Inc., Hazleton, PA: November 23, 1998. articles like or directly competitive with TA–W–37,127; Carter Footwear, Inc., articles which are produced by the firm 1998. NAFTA–TAA–03583; Crown Cork & Wilkes Carre, PA: January 31, 2000. or subdivision. TA–W–37,111; Crown Cork & Seal Co., Seal Co., Inc., Closures Div., South Negative Determinations NAFTA–TAA Inc., Closures Div., South Connellsville, PA: November 12, Connellsville, PA: November 12, In each of the following cases the 1998. NAFTA–TAA–03585; AlliedSignal, Inc., 1998. investigation revealed that criteria (3) TA–W–37,207; Tultex Corp., Roanoke, and (4) were not met. Imports from Emlenton Refinery, Emlenton, PA: VA: December 9, 1998. Canada or Mexico did not contribute November 12, 1998. NAFTA–TAA–03596; Elinco, Inc., A Div. TA–W–37,208; Tultex Corp., South importantly to workers’ separations. of Eastern Air Devices, Waterbury, Boston, VA: December 16, 1998. There was no shift in production from TA–W–37,081; Joy Mining Machinery, A the subject firm to Canada or Mexico CT: November 22, 1998. NAFTA–TAA–03604; Elinco, Inc., A Div. Div. of Harnischfeger Industries, during the relevant period. of Eastern Air Devices, Stamford, Franklin, PA: November 3, 1998. NAFTA–TAA–03402; Barry Callebaut TA–W–36, 81; Temco Fireplace CT: November 30, 1998. USA, Inc., Van Leer Div., Jersey NAFTA–TAA–03590; U.S. Forest Products, A Div. of Temtex City, NJ Industries, Inc., White City, OR: Industries, Perris, CA: September 9, NAFTA–TAA–03549; Competitive Edge October 30, 1998. 1998. Sportswear, Fall River, MA NAFTA–TAA–03625; Master Form, Inc., TA–W–37,171; Sims Manufacturing Co., NAFTA–TAA–03551; Joy Mining North Hollywood, CA: November 9, Inc., Payne, OH: December 7, 1998. Machinery, A Div. of Harnischfeger 1998. TA–W–36,922; West Coast Circuits, Industries, Franklin, PA NAFTA–TAA–03456; TAB Products Co., Watsonville, CA: September 23, NAFTA–TAA–03617; Altec Turlock, CA: September 3, 1998. International, La Crosse, WI 1998. NAFTA–TAA–03518; Temco Fireplace TA–W–36,947; Smurfit-Stone Container NAFTA–TAA–03566; Morgan Adhesives Products, A Div. of Temtex Corp., El Paso, TX: September 27, Co., d/b/a Mactac, Stow, OH Industries, Perris, CA: October 6, 1998. NAFTA–TAA–03540; ColumbiaKnit, 1998. Also, pursuant to Title V of the North Portland OR NAFTA–TAA–03369; Superior-Essex, NAFTA–TAA–03627; Tultex Corp., American Free Trade Agreement South Boston, VA December 9, Implementation Act (P.L. 103–182) Pauline, KS NAFTA–TAA–03527; Cooper Energy 1998. concerning transitional adjustment Services, Grove City, PA NAFTA–TAA–03633; Tultex Corp., assistance hereinafter called (NAFTA– NAFTA–TAA–03560; Schuylkill Haven Roanoke, VA: December 15, 1998. TAA) and in accordance with Section Bleach & Dye Works, Inc., NAFTA–TAA–03629; Russell Corp., 205(a), Subchapter D, Chapter 2, Title II, Schuylkill Haven, PA Russell Athletic, Crestview, FL: of the Trade Act as amended, the NAFTA–TAA–03519; Piezo Crystal, December 10, 1998. Department of Labor presents Carlisle, PA NAFTA–TAA–03628; Russell Corp., summaries of determinations regarding NAFTA–TAA–03602; HCC, Inc., Russell Athletic, Columbia, AL: eligibility to apply for NAFTA–TAA Earlville, IL December 10, 1998. issued during the month of January NAFTA–TAA–03344; Flynt Fabrics, Inc., NAFTA–TAA–03451; NEC 2000. Wadesboro, NC Technologies, Inc., Georgia Plant, In order for an affirmative NAFTA–TAA–03647; Jet Sew McDonough, GA: September 17, determination to be made and a Technologies, Barneveld, NY 1998. certification of eligibility to apply for NAFTA–TAA–03562; Steeltech, NAFTA–TAA–03614; Sims NAFTA–TAA the following group Milwaukee, WI Manufacturing Co., Inc., Payne, OH: eligibility requirements of Section 250 NAFTA–TAA–03649; Fogel Neckwear December 1, 1998. of the Trade Act must be met: Corp., New York, NY NAFTA–TAA–03594; Workpros, Inc., (1) That a significant number or NAFTA–TAA–03515 A, B, C; Bayer Div. of Crystal Art, Maspeth, NY: proportion of the workers in the Clothing Group, Inc., Target Square November 3, 1998. VerDate 27 NAFTA–TAA–3631; Rebound underwear and provide distribution and SkilStaf, Inc. employed at the Manufacturing, New London, NC: shipping services for the subject firms’ Henderson, Tennessee facility of the December 7, 1998. production facility in Fitzgerald, subject firm. NAFTA–TAA–03657; A & B; Third Georgia which closed in July, 1999. The intent of the Department’s Generation, Inc., Latta, SC, Ware Accordingly, the Department is certification is to include all workers of Shoals, SC and Honea Path, SC: amending the certification to cover the the subject firm adversely affected by January 4, 1999. workers of Burlen Corporation, Tifton increased imports. NAFTA–TAA–03623; & A; Tultex Corp., Plant, Tifton, Georgia. The amended notice applicable to Roxboro, NC and Longhurst, NC: The intent of the Department’s TA–W–37,004 is hereby issued as December 15, 1998. certification is to include all workers of follows: Burlen Corporation who were adversely NAFTA–TAA–03639; Dana Corp., All workers of Chester County Sportswear, Parish Light Vehicle Structures Div., affected by increased imports. including workers employed SkilStaf, Inc. Reading, PA: January 23, 2000. The amended notice applicable to employed at Chester County Sportswear, NAFTA–TAA–03476; Smurfit-Stone TA–W–36,258 is hereby issued as Henderson, Tennessee who became totally or Container Corp., El Paso, TX: follows: partially separated from employment on or September 27, 1998. ‘‘All workers of Burlen Corporation, after October 15, 1998 through November 10, I hereby certify that the Fitzgerald Plant, Fitzgerald, Georgia (TA–W– 2001 are eligible to apply for adjustment aforementioned determinations were 36,258) and Tifton Plant, Tifton, Georgia assistance under Section 223 of the Trade Act issued during the month of January (TA–W–36,258A) who became totally or of 1974. 2000. Copies of these determinations are partially separated from employment on or Signed at Washington, DC this 14th day of available for inspection in Room C– after May 14, 1998 through September 20, January, 2000. 4138, U.S. Department of Labor, 200 2001 are eligible to apply for adjustment Grant D. Beale, assistance under Section 223 of the Trade Act Constitution Avenue, NW, Washington, of 1974.’’ Program Manager, Office of Trade DC 20210 during normal business hours Adjustment Assistance. or will be mailed to persons who write Signed at Washington, DC this 19th day of [FR Doc. 00–2501 Filed 2–3–00; 8:45 am] January, 2000. to the above address. BILLING CODE 4510±30±M Grant D. Beale, Dated: January 28, 2000. Program Manager, Office of Trade Grant D. Beale, Adjustment Assistance. DEPARTMENT OF LABOR Program Manager, Division of Trade [FR Doc. 00–2504 Filed 2–3–00; 8:45 am] Adjustment Assistance. BILLING CODE 4510±30±M Employment and Training [FR Doc. 00–2493 Filed 2–3–00; 8:45 am] Administration BILLING CODE 4510±30±M DEPARTMENT OF LABOR Investigations Regarding Certifications of Eligibility To Apply for Worker DEPARTMENT OF LABOR Employment and Training Adjustment Assistance Administration Employment and Training Petitions have been filed with the Administration [TA±W±37,004] Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and [TA±W±36,258 and TA±W±36,258A] Chester County Sportswear Including are identified in the Appendix to this Workers of SkilStaf, Inc., Henderson, notice. Upon receipt of these petitions, Burlen Corporation, Fitzgerald Plant, TN; Amended Certification Regarding Fitzgerald, Georgia and Burlen the Director of the Office of Trade Eligibility To Apply for Worker Adjustment Assistance, Employment Corporation, Tifton Plant, Tifton, Adjustment Assistance Georgia; Amended Certification and Training Administration, has Regarding Eligibility To Apply for In accordance with Section 223 of the instituted investigations pursuant to Worker Adjustment Assistance Trade Act of 1974 (19 U.S.C. 2273) the Section 221(a) of the Act. Department of Labor issued a The purpose of each of the In accordance with Section 223 of the Certification of Eligibility to Apply for investigations is to determine whether Trade Act of 1974 (19 U.S.C. 2273) the Worker Adjustment Assistance on the workers are eligible to apply for Department of Labor issued a Notice of November 10, 1999, applicable to adjustment assistance under Title II, Certification Regarding Eligibility to workers of Chester County Sportswear, Chapter 2, of the Act. The investigations Apply for Worker Adjustment located in Henderson, Tennessee. This will further relate, as appropriate, to the Assistance on September 20, 1999, notice was published in the Federal determination of the date on which total applicable to workers of Burlen Register on December 28, 1999 (64 FR or partial separations began or Corporation, Fitzgerald Plant, 72692). threatened to begin and the subdivision Fitzgerald, Georgia. The notice was At the request of the Company, the of the firm involved. published in the Federal Register on Department reviewed the certification The petitioners or any other persons October 14, 1999 (64 FR 55751). for workers of the subject firm. New showing a substantial interest in the At the request of the petitioners, the information shows that workers at subject matter of the investigations may Department reviewed the certification Chester County Sportswear are request a public hearing, provided such for workers of the subject firm. The considered to be employees of SkilStaf, request is filed in writing with the workers were engaged in the production Inc. The workers were engaged in Director, Office of Trade Adjustment of women’s underwear. New employment related to the production of Assistance, at the address shown below, information shows that workers were men’s casual slacks and various not later than February 14, 2000. separated in December, 1999 at the sportswear. Interested persons are invited to Tifton Plant, Tifton, Georgia location of Based on these findings, the submit written comments regarding the Burlen Corporation. The workers are Department is amending the subject matter of the investigations to engaged in the production of women’s certification to include workers of the Director, Office of Trade Adjustment VerDate 27 Assistance, at the address shown below, Administration, U.S. Department of Signed at Washington, DC this 10th day of not later than February 14, 2000. Labor, 200 Constitution Avenue, NW, January, 2000. The petitions filed in this case are Washington, DC 20210. Grant D. Beale, available for inspection at the Office of Program Manager, Office of Trade Adjustment Assistance. the Director, Office of Trade Adjustment Assistance, Employment and Training Appendix PETITIONS INSTITUTED ON JAN. 10, 2000 Date of TA±W Subject firm (petitioners) Location petition Product(s) 37,224 ...... Foster Wheeler (Wkrs) ...... Playas, NM ...... 01/03/2000 Copper. 37,225 ...... Middle Bay Oil (Co.) ...... Wichita, KS ...... 12/22/1999 Crude Oil. 37,226 ...... Burgett Geothernal (Co.) ...... Animas, NM ...... 12/01/1999 Cut Roses. 37,227 ...... Nobleville Casting (UAW) ...... Nobleville, IN ...... 12/29/1999 Iron Ductile Castings. 37,228 ...... Third Generation, Inc (Co.) ...... Latta, SC ...... 12/22/1999 Ladies' Apparel. 37,229 ...... L.G.&E. Natural Gatherin (Wkrs) ...... Hobbs, NM ...... 12/20/1999 Natural Gas (Methane). 37,230 ...... Elizabethtown Sportswear (UNITE) ...... Elizabethtown, KY ...... 12/21/1999 Men's Tailored Trousers. 37,231 ...... Laurel Mold (Wkrs) ...... Jeannette, PA ...... 12/15/1999 Glass Moulds. 37,232 ...... Thomas Bradford Shirt (UNITE) ...... Huntingdon, TN ...... 12/23/1999 Woven Shirts for Men, Women, Children. 37,233 ...... Dana Corporation (USWA) ...... Reading, PA ...... 12/14/1999 Light Duty Pick-Up Trucks. 37,234 ...... Seagate (Wkrs) ...... Oklahoma City, OK ...... 12/17/1999 Computer Hardare and Software. 37,235 ...... Angelica Image Apparel (Wkrs) ...... Ackerman, MS ...... 12/10/1999 Polo Shirts. 37,236 ...... Chicago Pneumatic Tool (Co.) ...... Rock Hill, SC ...... 12/15/1999 Air Powered Hand Tools. 37,237 ...... International Paper (Wkrs) ...... Natchez, MS ...... 12/13/1999 Dissolving Wood Pulp (DWP). 37,238 ...... Harborside Graphics (Co.) ...... Belfast, ME ...... 12/10/1999 Printed and Emboidered T-Shirts. 37,239 ...... Dezurik (Wkrs) ...... McMinnville, TN ...... 12/13/1999 Frame Fabs Super- structures. 37,240 ...... Chevron Products Co (Wkrs) ...... Roosevelt, UT ...... 01/04/2000 Pipeline Distsribution of Crude Oil. 37,241 ...... Contour Energy Co (Wkrs) ...... Houston, TX ...... 12/30/1999 Drill Natural Gas. 37,242 ...... Wardson, Inc (Co.) ...... Adamsville, TN ...... 12/28/1999 Sewing Thread for Ap- parel. 37,243 ...... Whizard Protective Wear (Wkrs) ...... Birmingham, OH ...... 12/06/1999 Resistant Gloves. [FR Doc. 00–2495 Filed 2–3–00; 8:45 am] instituted investigations pursuant to Interested persons are invited to BILLING CODE 4510±30±M Section 221(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 Director, Office of Trade Adjustment DEPARTMENT OF LABOR the workers are eligible to apply for Assistance, at the address shown below, adjustment assistance under Title II, not later than February 14, 2000. Employment and Training Chapter 2, of the Act. The investigations Administration will further relate, as appropriate, to the The petitions filed in this case are available for inspection at the Office of Investigations Regarding Certifications determination of the date on which total or partial separations began or the Director, Office of Trade Adjustment of Eligibility To Apply for Worker Assistance, Employment and Training Adjustment Assistance threatened to begin and the subdivision of the firm involved. Administration, U.S. Department of Petitions have been filed with the The petitioners or any other persons Labor, 200 Constitution Avenue, NW, Secretary of Labor under Section 221(a) showing a substantial interest in the Washington, DC 20210. of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may Signed at Washington, DC this 3rd day of are identified in the Appendix to this request a public hearing, provided such January, 2000. notice. Upon receipt of these petitions, request is filed in writing with the Grant D. Beale, the Director of the Office of Trade Director, Office of Trade Adjustment Adjustment Assistance, Employment Assistance, at the address shown below, Program Manager, Office of Trade Adjustment Assistance. and Training Administration, has not later than February 14, 2000. PETITIONS INSTITUTED ON 01/03/2000 Date of peti- TA±W Subject firm (petitioners) Location tion Product(s) 37,214 ...... Fox Point Sportswear (UNITE) ..... Merrill, WI ...... 12/20/1999 Sports Apparel. 37,215 ...... Item House (UFCW) ...... Tacoma, WA ...... 12/15/1999 Men's and Women's Outerwear. 37,216 ...... AK Steel Corp (Wrks) ...... Dover, OH ...... 12/20/1999 Galvanized Steel. 37,217 ...... Penguin Putnam Inc (Wrks) ...... Newbern, TN ...... 12/14/1999 Distribution Center. 37,218 ...... Bausch & Lomb (Wrks) ...... Rochester, NY ...... 12/09/1999 Contact Lens. VerDate 27 PETITIONS INSTITUTED ON 01/03/2000ÐContinued Date of peti- TA±W Subject firm (petitioners) Location tion Product(s) 37,219 ...... Boeing Co. (The) (UAW) ...... Melbourne, AR ...... 12/20/1999 Aircrafts. 37,220 ...... Owenby Co. (The) (Comp) ...... Tellico Plains, TN ...... 12/21/1999 T-Shirts and Polo Shirts. 37,221 ...... Weigh-Tronix, Inc (Comp) ...... Fairmont, MN ...... 12/22/1999 Postal Scale Systems. 37,222 ...... Wagener Mfg Co (Wrks) ...... Wagener, SC ...... 12/09/1999 Robes, Wraps, Beachwear. 37,223 ...... Linden Apparel (Comp) ...... Allentown, PA ...... 12/22/1999 Men's, Ladies' & Children's Knit- wear. [FR Doc. 00–2500 Filed 2–3–00 8:45 am] The intent of the Department’s are identified in the Appendix to this BILLING CODE 4510±30±M certification is to include all workers of notice. Upon receipt of these petitions, Guidant Intermedics who were the Director of the Office of Trade adversely affected by increased imports. Adjustment Assistance, Employment DEPARTMENT OF LABOR Accordingly, the Department is and Training Administration, has amending the Notice of Determinations Employment and Training instituted investigations pursuant to to reflect this matter. Section 221(a) of the Act. Administration The amended notice applicable to The purpose of each of the [TA±W±36,592] TA–W–36,592 is hereby issued as follows: investigations is to determine whether the workers are eligible to apply for Guidant Intermedics, Cardiac ‘‘All workers of Guidant Intermedics, Pacemakers, Inc. (CPI), Angleton, Cardiac Pacemakers, Inc., (CPI), Angleton, adjustment assistance under Title II, Texas; Amended Notice of Texas engaged in employment related to the Chapter 2, of the Act. The investigations Determinations Regarding Eligibility production of pacemakers and defibrillators will further relate, as appropriate, to the To Apply for Worker Adjustment who became totally or partially separated determination of the date on which total Assistance from employment on or after July 13, 1998 or partial separations began or through August 4, 2001 are eligible to apply threatened to begin and the subdivision In accordance with Section 223 of the for adjustment assistance under Section 223 of the firm involved. Trade Act of 1974 (19 U.S.C. 2273) the of the Trade Act of 1974.’’ Department of Labor issued a Notice of ‘‘I further determine that all workers at The petitions or any other persons Determinations Regarding Eligibility to Guidant Intermedics, Cardiac Pacemakers, showing a substantial interest in the Apply for Worker Adjustment Inc., (CPI), Angleton, Texas engaged in subject matter of the investigations may Assistance on August 4, 1999, activities related to the production of leads, request a public hearing, provided such applicable to workers of Guidant hybrid circuits and PC’s for the programming of pacemakers are denied eligibility to apply request is filed in writing with the Intermedics, Angeleton, Texas. The for adjustment assistance under Section 223 Director, Office of Trade Adjustment notice was published in the Federal of the Trade Act of 1974.’’ Assistance, at the address show below, Register on September 29, 1999 (64 FR not later than February 14, 2000. 52540). Signed at Washington, DC this 19th day of At the request of the State agency, the January, 2000. Interested persons are invited to Department reviewed the certification Grant D. Beale, submit written comments regarding the for workers of the subject firm. The Program Manager, Office of Trade subject matter of the investigations to workers were engaged in the production Adjustment Assistance. the Director, Office of Trade Adjustment of pacemakers and defibrillators, [FR Doc. 00–2503 Filed 2–3–00; 8:45 am] Assistance, at the address shown below, associated leads for the pacemakers and BILLING CODE 4510±30±M not later than February 14, 2000. defibrillators and a personnel computer The petition filed in this case are specifically designed for the available for inspection at the Office of DEPARTMENT OF LABOR programming of the pacemakers and the Director, Office of Trade Adjustment defibrillators. Findings show that Employment and Training Assistance, Employment and Training Cardiac Pacemakers, Inc. (CPI) is a Administration Administration, U.S. Department of wholly owned subsidiary of Guidant Labor, 200 Constitution Avenue, NW, Intermedics. Findings also show that Investigations Regarding Certifications Washington, DC 20210. some workers separated from of Eligibility To Apply for Worker Signed at Washington, DC this 18th day of employment at the subject firm had Adjustment Assistance their wages reported under a separate January, 2000. unemployment insurance (UI) tax Petitions have been filed with the Grant D. Beale, account for Cardiac Pacemakers, Inc., Secretary of Labor under Section 221(a) Program Manager, Office of Trade Angleton, Texas. of the Trade Act of 1974 (‘‘the Act’’) and Adjustment Assistance. APPENDIX [Petitions Instituted on 01/18/2000] Date of pe- TA±W Subject firm (petitioners) Location tition Product(s) 37,244 ...... Motorola, Inc. (Wkrs) ...... Arlington, IL ...... 12/10/1999 Printed Circuit Boards. 37,245 ...... Pioneer Wear (Wkrs) ...... Albuquerque, NM ...... 12/30/1999 Westernwear. 37,246 ...... Epperheimer, Inc. (Wkrs) ...... Kenai, AK ...... 12/14/1999 Painters. VerDate 27 APPENDIXÐContinued [Petitions Instituted on 01/18/2000] Date of pe- TA±W Subject firm (petitioners) Location tition Product(s) 37,247 ...... ON Semiconductor (Co.) ...... Phoenix, AZ ...... 01/06/2000 Semiconductors. 37,248 ...... First Fleet (Wkrs) ...... Harlingen, TX ...... 01/01/2000 Provide Equipment for Distribution. 37,249 ...... Snap-On-Tool (Wkrs) ...... Ottawa, IL ...... 01/05/2000 Distribution Center. 37,250 ...... BP Amoco Refinery (Wkrs) ...... Texas City, TX ...... 12/29/1999 Gasoline. 37,251 ...... Beloit Mill Production (Wkrs) ...... Hattiesburg, MS ...... 12/02/1999 Paper Making Machinery. 37,252 ...... Hampton Industries (Wkrs) ...... Martinsville VA ...... 12/28/1999 Sleepwear and Bathrobes. 37,253 ...... Tab Products (Wkrs) ...... Turlock, CA ...... 12/16/1999 Business File Folders. 37,254 ...... Sony Electronics (Co.) ...... Frankville, PA ...... 01/06/2000 Audio Speakers. 37,255 ...... Otis Elevator (IUE) ...... Bloomington, IN ...... 01/07/2000 Elevator Fixtures, Finals Sheetmetal. 37,256 ...... ABB Automation (Wkrs) ...... Williamsport, PA ...... 01/07/2000 Cable Harnesses and Assembles. 37,257 ...... Great American Knitting (Co.) ...... Pottstown, PA ...... 01/07/2000 Men's Gold Toe Socks. 37,258 ...... IPM Service (Co.) ...... Dallas, TX ...... 12/20/1999 Testers for Alternator & Starters. 37,259 ...... ASC Automotive Specialist (Wkrs) ...... Raucho Dominque, CA 01/05/2000 Convertible Automobiles. 37,260 ...... L.P.F. Apparel Corp (Wkrs) ...... New York, NY ...... 01/06/2000 Ladies' Better Suits. 37,261 ...... Ithaca Industries (Co.) ...... Glennville, GA ...... 01/06/2000 Men's T-Shirts and Underwear. [FR Doc. 00–2496 Filed 2–3–00; 8:45 am] production decreases at the Dothan, DEPARTMENT OF LABOR BILLING CODE 4510±30±M Alabama plant. Employment and Training Conclusion Administration DEPARTMENT OF LABOR After careful consideration of the new Employment and Training facts obtained on reopening, it is [TA±W±36,995] Administration concluded that increased imports of articles like or directly competitive with Whistler Corporation of [TA±W±36,841] VHS videocassettes produced by the Massachusetts, Whistler Auto-Mation Products, Novi Electronics Facility, Sony Magnetic Products Inc. of subject firm contributed importantly to the decline in sales and to the total or Novi, MI; Notice of Termination of America, Dothan, Alabama; Notice of Investigation Revised Determination on Reopening partial separation of workers of the subject firm. In accordance with the Pursuant to Section 221 of the Trade By letter postmarked January 5, 2000, provisions of the Trade Act of 1974, I Act of 1974, an investigation was a company official requested make the following revised initiated on October 25, 1999, in administrative reconsideration of the determination: Department’s notice of negative response to a worker petition which was determination regarding eligibility to ‘‘All workers of Sony Magnetic Products filed by the company on behalf of its apply for worker adjustment assistance Inc. of America, Dothan, Alabama, engaged workers at Whistler Corporation of applicable to workers of the subject in employment related to the production of Massachusetts, Whistler Auto-Mation VHS videocassettes, separated from firm. Products, Novi, Michigan, located in employment on or after September 2, 1998 On December 21, 1999, workers of Novi, Michigan. through two years from the issuance of this Sony Magnetic Products Inc. of America determination, are eligible to apply for The petitioner has requested that the producing VHS videocassettes were worker adjustment assistance under Section petition be withdrawn. Consequently denied TAA eligibility based on the 223 of the Trade Act of 1974.’’ further investigation in this case would finding that criterion (3) of Section 222 Signed at Washington, DC this 24th day of serve no purpose, and the investigation of the worker group eligibility has been terminated. requirements of the Trade Act of 1974 January, 2000. was not met. The notice was published Grant D. Beale, Signed in Washington, DC this 7th day of in the Federal Register on January 14, Program Manager, Office of Trade January, 2000. 2000 (65 FR 2432). A survey was Adjustment Assistance. Grant D. Beale, conducted by the Department of the [FR Doc. 00–2505 Filed 2–3–00; 8:45 am] Program Manager, Office of Trade subject firms’ major declining BILLING CODE 4510±30±M Adjustment Assistance. customers. None of the respondents [FR Doc. 00–2502 Filed 2–3–00; 8:45 am] increased import purchases while BILLING CODE 4510±30±M reducing business with Sony. Although Sony Magnetic Products Inc. of America was shifting production of VHS videocassettes from Dothan, Alabama to a foreign country, imports had not yet been returned to the U.S. The Department has obtained new information from the company documenting that the company has received VHS videocassette imports and the reliance on imports will continue as VerDate 27 DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: The field and livestock worker (combined) Attorney General may not approve an wage data as AEWRs in a Federal Employment and Training employer’s petition for admission of Register notice. Accordingly, the 2000 Administration temporary alien agricultural (H–2A) AEWRs for work performed on or after workers to perform agricultural labor or the effective date of this notice, are set Labor Certification Process for the services of a temporary or seasonal forth in the table below: Temporary Employment of Aliens in nature in the United States unless the Agriculture and Logging in the United petitioner has applied to the Department TABLE.Ð2000 ADVERSE EFFECT States: 2000 Adverse Effect Wage of Labor (DOL) for an H–2A labor WAGE RATES (AEWRS) Rates, Allowable Charges for certification. The labor certification Agricultural and Logging Workers' must show that: (1) There are not State 2000 Meals, and Maximum Travel sufficient U.S. workers who are able, AEWR Subsistence Reimbursement willing, and qualified and who will be available at the time and place needed Alabama ...... $6.72 AGENCY: U.S. Employment Service, Arizona ...... 6.74 to perform the labor or services involved Employment and Training Arkansas ...... 6.50 in the petition; and (2) the employment Administration, Labor. California ...... 7.27 of the alien in such labor or services Colorado ...... 7.04 ACTION: Notice of adverse effect wage will not adversely affect the wages and Connecticut ...... 7.68 rates (AEWRs), allowable charges for working conditions of workers in the Delaware ...... 7.04 meals, and maximum travel subsistence United States similarly employed. 8 Florida ...... 7.25 reimbursement for 2000. U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and Georgia ...... 6.72 1188. Hawaii ...... 9.38 SUMMARY: The Administrator, Office of DOL’s regulations for the H–2A Idaho ...... 6.79 Workforce Security, announces 2000 program require that covered employers Illinois ...... 7.62 adverse effect wage rate (AEWRs) for offer and pay their U.S. and H–2A Indiana ...... 7.62 employers seeking nonimmigrant alien Iowa ...... 7.76 workers no less than the applicable Kansas ...... 7.49 (H–2A) workers for temporary or hourly adverse effect wage rate (AEWR). seasonal agricultural labor or services, Kentucky ...... 6.39 20 CFR 655.102(b)(9); see also 20 CFR Louisiana ...... 6.50 the allowable charges employers seeking 655.107. Reference should be made to Maine ...... 7.68 nonimmigrant alien workers for the preamble to the July 5, 1989, final Maryland ...... 7.04 temporary or seasonal agricultural labor rule (54 FR 28037), which explains in Massachusetts ...... 7.68 or services or logging work may levy great depth the purpose and history of Michigan ...... 7.65 upon their workers when they provide AEWRs, DOL’s discretion in setting Minnesota ...... 7.65 three meals per day, and the maximum AEWRs and the AEWR computation Mississippi ...... 6.50 travel subsistence reimbursement which methodology at 20 CFR 655.107(a). See Missouri ...... 7.76 Montana ...... 6.79 a worker with receipts may claim in also 52 FR 20496, 20502–20505 (June 1, 2000. Nebraska ...... 7.49 1987). Nevada ...... 7.04 AEWRs are the minimum wage rates A. Adverse Effect Wage Rates (AEWRs) New Hampshire ...... 7.68 which the Department of Labor has for 2000 New Jersey ...... 7.04 determined must be offered and paid to New Mexico ...... 6.74 U.S. and alien workers by employers of Adverse effect wage rates (AEWRs) New York ...... 7.68 nonimmigrant alien agricultural workers are the minimum wage rates which DOL North Carolina ...... 6.98 (H–2A visaholders). AEWRs are has determined must be offered and North Dakota ...... 7.49 established to prevent the employment paid to U.S. and alien workers by Ohio ...... 7.62 of these aliens from adversely affecting employers of nonimmigrant (H–2A) Oklahoma ...... 6.49 Oregon ...... 7.64 wages of similarly employed U.S. agricultural workers. DOL emphasizes, however, that such employers must pay Pennsylvania ...... 7.04 workers. Rhode Island ...... 7.68 The Administrator also announces the the highest of the AEWR, the applicable South Carolina ...... 6.72 new rates which covered agricultural prevailing wage or the statutory South Dakota ...... 7.49 and logging employers may charge their minimum wage, as specified in the Tennessee ...... 6.39 workers for three daily meals. regulations. 20 CFR 655.102(b)(9). Texas ...... 6.49 Under specified conditions, workers Except as otherwise provided in 20 CFR Utah ...... 7.04 Vermont ...... 7.68 are entitled to reimbursement for travel Part 655, Subpart B, the regionwide AEWR for all agricultural employment Virginia ...... 6.98 subsistence expense. The minimum Washington ...... 7.64 reimbursement is the charge for three (except those occupations deemed inappropriate under the special West Virginia ...... 6.39 daily meals as discussed above. The Wisconsin ...... 7.65 Administrator here announces the circumstances provisions of 20 CFR Wyoming ...... 6.79 current maximum reimbursement for 655.93) for which temporary alien agricultural labor (H–2A) certification is works with receipts. B. Allowable Meal Charges being sought, is equal to the annual EFFECTIVE DATE: February 4, 2000. weighted average hourly wage rate for Among the minimum benefits and FOR FURTHER INFORMATION CONTACT: Ms. field and livestock workers (combined) working conditions which DOL requires Grace A. Kilbane, Administrator, Office for the region as published annually by employers to offer their alien and U.S. of Workforce Security, U.S. Department the U.S. Department of Agriculture workers in their applications for of Labor, Room S–4231, 200 (USDA does not provide data on temporary logging and H–2A Constitution Avenue, N.W., Alaska). 20 CFR 655.107(a). agricultural labor certification is the Washington, D.C. 20210. Telephone: The regulation at 20 CFR 655.107(a) provision of three meals per day or free 202–219–7831 (this is not a toll-free requires the Administrator, Office of and convenient cooking and kitchen number). Workforce Security, to publish USDA facilities. 20 CFR 655.102(b)(4) and VerDate 27 655.202(b)(4). Where the employer permit an employer to charge workers DEPARTMENT OF LABOR provides meals, the job offer must state up to $9.90 per day for providing them the charge, if any, to the worker for with three meals per day, if the Employment and Training meals. employer justifies the charge and Administration DOL has published at 20 CFR submits to the RA the documentation 655.102(b)(4) and 655.111(a) the required to support the higher charge. [NAFTA±03188] methodology for determining the maximum amounts covered H–2A C. Maximum Travel Subsistence Philips Electronics North America agricultural employers may charge their Expense Corporation Philips Components U.S. and foreign workers for meals. The Division Departments 133, 134, 136, same methodology is applied at 20 CFR The regulations at 20 CFR 655.102(b)(5) establish that the 400, 630, 420, 240, 261, 266 and 430 655.202(b)(4) and 655.211(a) to covered Saugerties, New York; Amended minimum daily subsistence expense H–2 logging employers. These rules Certification Regarding Eligibility To related to travel expenses, for which a provide for annual adjustments of the Apply for NAFTA-Transitional worker is entitled to reimbursement, is previous year’s allowable charges based Adjustment Assistance upon Consumer Price Index (CPI) data. the employer’s daily charge for three Each year the maximum charges meals or, if the employer makes no In accordance with Section 250(A), allowed by 20 CFR 655.102(b)(4) and charge, the amount permitted under 20 Subchapter D, Chapter 2, Title II, of the 655.202(b)(4) are changed by the same CFR 655.104(b)(4). The regulation is Trade Act of 1974 (19 U.S.C. 2273), the percentage as the twelve-month percent silent about the maximum amount to Department of Labor issued a change in the CPI for all Urban which a qualifying worker is entitled. Consumers for Food (CPI–U for Food) Certification for NAFTA Transitional between December of the year just past The Department, in Field Adjustment Assistance on June 25, and December of the year prior to that. Memorandum 42–94, established that 1999, applicable to workers of Philips Those regulations and 20 CFR the maximum is the meals component Electronics North America Corporation, 655.111(a) and 655.211(a) provide that of the standard CONUS (continental Philips Components Division, the appropriate Regional Administrator United States) per diem rate established Departments 133, 134, 136, 400, 630, (RA), Employment and Training by the General Services Administration 420, 240, 261 and 266, Saugerties, New Administration, may permit an (GSA) and published at 41 CFR Ch. 301. York. The notice was published in the employer to charge workers no more The CONUS meal component is now Federal Register on July 20, 1999 (64 FR than a higher maximum amount for $30.00 per day. 38922). providing them with three meals a day, Workers who qualify for travel At the request of the State agency, the if justified and sufficiently documented. reimbursement are entitled to Department reviewed the certification Each year, the higher maximum reimbursement up to the CONUS meal for workers of the subject firm. New amounts permitted by 20 CFR rate for related subsistence when they information shows that worker 655.111(a) and 655.211(a) are changed separations occurred at Philips by the same percentage as the twelve- provide receipts. In determining the appropriate amount of subsistence Components Division, Department 430 month percent change in the CPU–U for of Philips Electronics North America Food between December of the year just reimbursement, the employer may use the GSA system under which a traveler Corporation, Saugerties, New York. The past and December of the year prior to workers are engaged in the production that. The regulations require the qualifies for meal expense reimbursement per quarter of a day. of soft ferrites (‘‘back end’’—i.e. Administrator, Office of Workforce grinding, toroids and inspect and pack, Security, to make the annual Thus, a worker whose travel occurred and related support departments). adjustments and to cause a notice to be during two quarters of a day is entitled, published in the Federal Register each with receipts, to a maximum The intent of the Department’s calendar year, announcing annual reimbursement of $15.00. If a worker certification is to include all workers of adjustments in allowable charges that has no receipts, the employer is not Philips Electronics North America may be made by covered agricultural obligated to reimburse above the Corporation, Philips Components and logging employers for providing minimum stated at 20 CFR 655.102(b)(4) Division who were adversely affected by three meals daily to their U.S. and alien as specified above. the shift in production to Mexico. workers. The 1999 rates were published Accordingly, the Department is in a notice on February 10, 1999 at 64 Signed at Washington, DC, this 31st day of amending the certification to cover the FR 6689. January, 2000. workers of Philips Electronics North DOL has determined the percentage Grace A. Kilbane, America Corporation, Philips change between December of 1998 and Administrator, Office of Workforce Security. Components Division, Department 430, December of 1999 for the CPI–U for Saugerties, New York. Food was 2.1 percent. Timothy F. Sullivan Accordingly, the maximum allowable Chief, U.S. Employment Service/ALMIS. The amended notice applicable to charges under 20 CFR 655.102(b)(4), [FR Doc. 00–2547 Filed 2–3–00; 8:45 am] NAFTA–03188 is hereby issued as 655.202(b)(4), 655.111, and 655.211 BILLING CODE 4510±30±M follows: were adjusted using this percentage All workers of Philips Electronics North change, and the new permissible America Corporation, Philips Components charges for 2000 are as follows: (1) For Division, Departments 133, 134, 136, 400, 20 CFR 655.102(b)(4) and 655.202(b)(4), 630, 420, 240, 261, 266 and 430, Saugerties, the charge, if any, shall be no more than New York who became totally or partially $8.00 per day, unless the RA has separated from employment on or after May approved a higher charge pursuant to 20 19, 1998 through June 25, 2001 are eligible CFR 655.111 or 655.211(b); for 20 CFR to apply for NAFTA–TAA under Section 250 655.111 and 655.211, the RA may of the Trade Act of 1974. VerDate 27 Signed at Washington, DC this 28th day of 250(b)(1) of Subchapter D, Chapter 2, subject matter of the investigations may January, 2000. Title II, of the Trade Act of 1974, as request a public hearing with the Grant D. Beale, amended, are identified in the Director of OTAA at the U.S. Program Manager, Office of Trade Appendix to this Notice. Upon notice Department of Labor (DOL) in Adjustment Assistance. from a Governor that a NAFTA–TAA Washington, DC provided such request [FR Doc. 00–2498 Filed 2–3–00; 8:45 am] petition has been received, the Director if filed in writing with the Director of BILLING CODE 4510±30±M of the Office of Trade Adjustment OTAA not later than February 14, 2000. Assistance (OTAA), Employment and Also, interested persons are invited to Training Administration (ETA), submit written comments regarding the DEPARTMENT OF LABOR Department of Labor (DOL), announces subject matter of the petitions to the the filing of the petition and takes action Director of OTAA at the address shown Employment and Training pursuant to paragraphs (c) and (e) of below not later than February 14, 2000. Administration section 250 of the Trade Act. The purpose of the Governor’s actions Petitions filed with the Governors are Investigations Regarding Certifications and the Labor Department’s available for inspection at the Office of of Eligibility To Apply for NAFTA investigations are to determine whether the Director, OTAA, ETA, DOL, Room Transitional Adjustment Assistance the workers separated from employment C–4318, 200 Constitution Avenue, NW., on or after December 8, 1993 (date of Washington, DC 20210. Petitions for transitional adjustment enactment of Public Law 103–182) are Signed at Washington, DC, this 28th day of assistance under the North American eligible to apply for NAFTA–TAA under January, 2000. Free Trade Agreement-Transitional Subchapter D of the Trade Act because Grant D. Beale, Adjustment Assistance Implementation of increased imports from or the shift in Act (Public Law 103–182), hereinafter Program Manager,Office of Trade Adjustment production to Mexico or Canada. Assistance. called (NAFTA–TAA), have been filed The petitioners or any other persons with State Governors under Section showing a substantial interest in the Appendix Date received Subject firm Location at governor's Petition No. Articles produced office Tultex Corporation (Co.) ...... Roxboro, NC ...... 12/15/1999 NAFTA±3,623 ... sweatshirts. Tultex Corporation (Co.) ...... Longhurst, NC ...... 12/15/1999 NAFTA±3,623 ... sweatshirts. Ritvik Holdings (Wkrs) ...... Lakeville, MA ...... 12/16/1999 NAFTA±3,624 ... plastic toy blocks. Master Foam (Co.) ...... North Hollywood, CA ...... 12/14/1999 NAFTA±3,625 ... foam for packaging. Russell ManufacturingÐMovie Lebanon, VA ...... 12/15/1999 NAFTA±3,626 ... ladies clothing. Star (Co.). Tultex Corporation (UNITE) ...... South Boston, VA ...... 12/15/1999 NAFTA±3,627 ... fleece activewear. Russell Corporation (Co.) ...... Columbia, AL ...... 12/15/1999 NAFTA±3,628 ... sweatshirts and t-shirts. Russell Corporation (Co.) ...... Crestview, FL ...... 12/16/1999 NAFTA±3,629 ... sweatshirts and t-shirts. Allied Signal (Co.) ...... Ocala, FL ...... 12/13/1999 NAFTA±3,630 ... heat transfer and fan aerospace hardware. Rebound Manufacturing (Co.) ...... New London, NC ...... 12/13/1999 NAFTA±3,631 ... t-shirts. Belmont Garment Dyers (Wkrs) .... Reading, PA ...... 12/17/1999 NAFTA±3,632 ... dyer of garments. Tultex Corporation (UNITE) ...... Roanoke, VA ...... 12/16/1999 NAFTA±3,633 ... fleece activewear. General Electric Capital (Wkrs) ..... Brookfield, WI ...... 12/10/1999 NAFTA±3,634 ... service collectors. Whistler Corporation of Massachu- Novi, MI ...... 10/01/1999 NAFTA±3,635 ... circuit boards. setts (Co.). Cooper Standard Automotive Gaylord, MI ...... 12/21/1999 NAFTA±3,636 ... seals for car windows. (Wkrs). Laurel Mold, Inc. (Wrks) ...... Jeannette, PA ...... 12/21/1999 NAFTA±3,637 ... Glass Molds. Fox Point Sportswear ( ) ...... Merrill, WI ...... 12/23/1999 NAFTA±3,638 ... Apparel. Dana Corporation (USWA) ...... Reading, PA ...... 12/23/1999 NAFTA±3,639 ... light duty pickup truck frames. Boeing Co. (The) ( ) ...... Melbourne, AR ...... 12/27/1999 NAFTA±3,640 ... Boeing Aircraft Assemblies. Thomas Bradford Shirt (UNITE) .... Huntington, TN ...... 12/27/1999 NAFTA±3,641 ... woven shirts. DezurikÐGeneral Signal (Wkr) ..... McMinnville, TN ...... 12/27/1999 NAFTA±3,642 ... eccentric gate and butterfly valves. Republic Builders Products (Wkrs) McKenzie, TN ...... 12/27/1999 NAFTA±3,643 ... frames for commercial doors. Penguin Putnam (Wkrs) ...... Newbern, TN ...... 12/28/1999 NAFTA±3,644 ... book distribution center. Yates IndustriesÐCircuit Foil Bordentown, NJ ...... 12/21/1999 NAFTA±3,645 ... electro deposited copper foil. (IUE). Seagull Lighting (Wkrs) ...... Philadelphia, PA ...... 12/29/1999 NAFTA±3,646 ... lighting fixtures. Jet Sew Technologies (Wkrs) ...... Barneveld, NY ...... 12/28/1999 NAFTA±3,647 ... industrial sewing machines. Wardson (Co.) ...... Adamsville, TN ...... 01/03/2000 NAFTA±3,648 ... sewing thread. Fogel Neckwear (Wkrs) ...... New York, NY ...... 12/28/1999 NAFTA±3,649 ... men's and boys' neckwear. Ball Foster Glass Container Marion, IN ...... 01/03/2000 NAFTA±3,650 ... glass containers for beverages. (GMPPA). IPM Service (Co.) ...... Dallas, TX ...... 01/07/2000 NAFTA±3,651 ... testers. ABB Automotive (Wkrs) ...... Williamsport, PA ...... 01/07/2000 NAFTA±3,652 ... cable, harnesses and assemblies. Goss Graphics Systems (Wkrs) .... Wyomissing, PA ...... 01/05/2000 NAFTA±3,653 ... printing presses. Porta SystemsÐNorth Hills Elec- Glen Cove, NY ...... 01/05/2000 NAFTA±3,654 ... transformers. tronics (Co.). Broan Nutone (Co.) ...... Coppell, TX ...... 01/05/2000 NAFTA±3,655 ... rangehood. Bailey Creation (Wkrs) ...... York, AL ...... 12/21/1999 NAFTA±3,656 ... baby clothes, children clothes. Third Generation (Co.) ...... Latta, SC ...... 01/04/2000 NAFTA±3,657 ... ladies apparel. VerDate 27 Date received Subject firm Location at governor's Petition No. Articles produced office Third Generation (Co.) ...... Ware Shoals, SC ...... 01/04/2000 NAFTA±3,657 ... ladies apparel. Third Generation (Co.) ...... Honea Path, SC ...... 01/04/2000 NAFTA±3,657 ... ladies apparel. Martin Mills (Fruit of the Loom) St. Martinville, LA ...... 01/06/2000 NAFTA±3,658 ... t-shirts and briefs. (Wkrs). First Fleet (Wkrs) ...... Murfreesboro, TN ...... 01/10/2000 NAFTA±3,659 ... trucking service. Sony Electronics (Co.) ...... Frackville, PA ...... 01/11/2000 NAFTA±3,660 ... audio speakers. Fasco Motors Group (Wrks) ...... Eldon, MO ...... 01/12/2000 NAFTA±3,661 ... Fractional Horsepower Motors. Gatesville Walls Industries (Comp) Gatesville, TX ...... 01/12/2000 NAFTA±3,662 ... Insulated Clothing. Walls Industries, Inc (Comp) ...... Carthage, MO ...... 01/12/2000 NAFTA±3,663 ... Insulated Clothing. Snap-On, Inc. (Wrks) ...... Ottawa, IL ...... 01/12/2000 NAFTA±3,664 ... Electrical Harnesses. Cooper Lighting ( ) ...... Elk Grove Village, IL ...... 01/12/2000 NAFTA±3,665 ... Lighting Fixtures. Otis Elevator ( ) ...... Bloomington, IN ...... 01/11/2000 NAFTA±3,666 ... Fixtures. Winpak Portion Packaging ( ) ...... Bristol, PA ...... 01/13/2000 NAFTA±3,667 ... Single Service Dairy Containers. Barrick Goldstrike (Wrks) ...... Elko, NV ...... 01/13/2000 NAFTA±3,668 ... Gold. Mineral Ridge Resources, Inc. Silver Peak, NV ...... 01/11/2000 NAFTA±3,669 ... Gold Mine. (Comp). PacifiCorp (Wrks) ...... Portland, OR ...... 01/14/2000 NAFTA±3,670 ... Power Electricity. Southeast Stevedoring Corp Ketchikan, AK ...... 01/13/2000 NAFTA±3,671 ... Hire Longshoremen. (Wrks). Miller International, Inc (Comp) ..... Rocky Ford, CO ...... 01/18/2000 NAFTA±3,672 ... Ladies' Jeans and Vests. Apparel Specialist (Co.) ...... Green Bay, WI ...... 01/21/2000 NAFTA±3,673 ... embroidered and screen print on clothes. Florence Eiseman (Wkrs) ...... Milwaukee, WI ...... 01/21/2000 NAFTA±3,674 ... girls dresses, coats and baby clothes. KTI Energy of Martinsville (Co.) .... Martinsville, VA ...... 01/18/2000 NAFTA±3,675 ... steam. BICC General (Wkrs) ...... Williamstown, MA ...... 01/13/2000 NAFTA±3,676 ... cord sets. American Timber (Wkrs) ...... Olney, MT ...... 01/14/2000 NAFTA±3,677 ... stud lumber and byproducts. John Plant Company (The) (Co.) .. Ramseur, NC ...... 01/14/2000 NAFTA±3,678 ... lightweight industrial gloves. Nordic Group (The) (Wkrs) ...... Hubbard, OR ...... 01/18/2000 NAFTA±3,679 ... outerwear. Sause Bros./Southern Oregon Coos Bay, OR ...... 01/14/2000 NAFTA±3,680 ... repair maintenance. Maine (Wkrs). Smiley ContainerÐRussell Stover Poplar Bluff, MO ...... 01/25/2000 NAFTA±3,681 ... boxes, bows and ribbons. Candies (PACE). Colorado Greenhouse (Co.) ...... Westminster, CO ...... 01/19/2000 NAFTA±3,682 ... tomatoes. Nova Bus (Wkrs) ...... Roswell, NM ...... 01/19/2000 NAFTA±3,683 ... large commercial buses. Allied SignalÐHoneywell (Wkrs) ... Torrance, CA ...... 01/18/2000 NAFTA±3,684 ... automotive turbo chargers. ASC (Wkrs) ...... Rancho Domingez, CA ...... 01/19/2000 NAFTA±3,685 ... convertible tops. General Electric (IUE) ...... Tell City, IN ...... 08/26/1999 NAFTA±3,686 ... industrial motors. Hewlett Packard (Wkrs) ...... Vancouver, WA ...... 01/24/2000 NAFTA±3,687 ... inkjet printers for computers Motor Coils (IUE) ...... Emporium, PA ...... 01/24/2000 NAFTA±3,688 ... rebuilt traction motor. [FR Doc. 00–2499 Filed 2–3–00; 8:45 am] further investigation in this case would available from other sources. They BILLING CODE 4510±30±M serve no purpose, and the investigation specify the basic hourly wage rates and has been terminated. fringe benefits which are determined to Signed in Washington, DC this 24th day of be prevailing for the described classes of DEPARTMENT OF LABOR January, 2000. laborers and mechanics employed on Grant D. Beale, construction projects of a similar Employment and Training character and in the localities specified Administration Program Manager, Office of Trade Adjustment Assistance. therein. [NAFTA±3635] [FR Doc. 00–2494 Filed 2–3–00; 8:45 am] The determinations in these decisions BILLING CODE 4510±30±M of prevailing rates and fringe benefits Whistler Corporation of have been made in accordance with 29 Massachusetts, Whistler Auto-Mation CFR Part 1, by authority of the Secretary Products, Novi Electronics Facility, DEPARTMENT OF LABOR of Labor pursuant to the provisions of Novi, MI; Notice of Termination of the Davis-Bacon Act of March 3, 1931, Investigation Employment Standards Administration as amended (46 Stat. 1494, as amended, Pursuant to Section 221 of the Trade Wage and Hours Division 40 U.S.C. 276a) and of other Federal Act of 1974, an investigation was Minimum Wages for Federal and statutes referred to in 29 CFR Part 1, initiated on October 14, 1999, in Federally Assisted Construction; Appendix, as well as such additional response to a worker petition which was General Wage Determination Decisions statutes as may from time to time be filed by a company official on behalf of enacted containing provisions for the its workers at Whistler Corporation of General wage determination decisions payment of wages determined to be Massachusetts, Whistler Auto-Mation of the Secretary of Labor are issued in prevailing by the Secretary of Labor in Products, Novi Electrics Facility, accordance with applicable law and are accordance with the Davis-Bacon Act. located in Novi, Michigan. based on the information obtained by The prevailing rates and fringe benefits The petitioner has requested that the the Department of Labor from its study determined in these decisions shall, in petition be withdrawn. Consequently of local wage conditions and data made accordance with the provisions of the VerDate 27 VerDate 27 VerDate 27 13. The DOE Run Company has filed a petition to modify the and hydrostatic or leak rate testing [Docket No. M–1999–025–M] application of 30 CFR 57.11052 (refuge conditions. Specifically, 10 CFR Part 50, areas) to its No. 29 Mine (I.D. No. 23– Appendix G, states, ‘‘The appropriate The DOE Run Company, One Oxford 00495) located in Iron County, Missouri. requirements on both the pressure- Centre, 301 Grant Street, 20th Floor, The petitioner requests a modification temperature limits and the minimum Pittsburgh, Pennsylvania 15219–1410 of the mandatory safety standard to permissible temperature must be met for has filed a petition to modify the permit an alternative method of all conditions.’’ Appendix G of 10 CFR application of 30 CFR 57.11052 (refuge compliance with the requirements for Part 50 specifies that the requirements areas) to its Sweetwater Mine/Mill (I.D. refuge chambers. The petitioner asserts No. 23–00458) located in Reynolds for these limits are the American that the proposed alternative method County, Missouri. The petitioner Society of Mechanical Engineers would provide at least the same requests a modification of the (ASME) Boiler and Pressure Vessel Code measure of protection as the mandatory mandatory safety standard to permit an (Code), Section XI, Appendix G Limits. standard and that application of the alternative method of compliance with To address provisions of amendments existing standard will result in a the requirements for refuge chambers. to the technical specifications (TS) P–T diminution of safety. The petitioner asserts that the proposed limits, the licensee requested in its alternative method would provide at Request for Comments submittal dated November 12, 1999, that the staff exempt Quad Cities from least the same measure of protection as Persons interested in these petitions the mandatory standard and that application of specific requirements of are encouraged to submit comments via 10 CFR Part 50, Section 50.60(a) and application of the existing standard will e-mail to ‘‘[email protected],’’ or on Appendix G, and substitute use of result in a diminution of safety. a computer disk along with an original ASME Code Cases N–588 and N–640. hard copy to the Office of Standards, 14. The DOE Run Company Code Case N–588 permits the Regulations, and Variances, Mine Safety postulation of a circumferentially- [Docket No. M–1999–026–M] and Health Administration, 4015 oriented flaw (in lieu of an axially- The DOE Run Company, One Oxford Wilson Boulevard, Room 627, oriented flaw) for the evaluation of the Centre, 301 Grant Street, 20th Floor, Arlington, Virginia 22203. All circumferential welds in RPV P–T limit Pittsburgh, Pennsylvania 15219–1410 comments must be postmarked or curves. Code Case N–640 permits the has filed a petition to modify the received in that office on or before use of an alternate reference fracture application of 30 CFR 57.11052 (refuge March 6, 2000. Copies of these petitions toughness (K fracture toughness curve areas) to its No. 35 Mine (Casteel) (I.D. are available for inspection at that IC instead of K fracture toughness curve) No. 23–01800) located in Iron County, address. Ia Missouri. The petitioner requests a for reactor vessel materials in modification of the mandatory safety Dated: January 27, 2000. determining the P–T limits. Since the standard to permit an alternative Carol J. Jones, pressure stresses on a circumferentially- method of compliance with the Acting Director, Office of Standards, oriented flaw are lower than the requirements for refuge chambers. The Regulations, and Variances. pressure stresses on an axially-oriented petitioner asserts that the proposed [FR Doc. 00–2516 Filed 2–3–00; 8:45 am] flaw by a factor of 2, using Code Case alternative method would provide at BILLING CODE 4510±43±P N–588 for establishing the P–T limits least the same measure of protection as would be less conservative than the the mandatory standard and that methodology currently endorsed by 10 application of the existing standard will NUCLEAR REGULATORY CFR Part 50, Appendix G and, therefore, result in a diminution of safety. COMMISSION an exemption to apply the Code Case would be required by 10 CFR 50.60. 15. The DOE Run Company [Docket Nos. 50±254 and 50±265] Likewise, since the KIC fracture [Docket No. M–1999–027–M] Commonwealth Edison Company and toughness curve shown in ASME The DOE Run Company, One Oxford Midamerican Energy Company Quad Section XI, Appendix A, Figure A– Centre, 301 Grant Street, 20th Floor, Cities Nuclear Power Station, Units 1 2200–1 (the KIC fracture toughness Pittsburgh, Pennsylvania 15219–1410 and 2 Environmental Assessment and curve) provides greater allowable has filed a petition to modify the Finding of No Significant Impact fracture toughness than the application of 30 CFR 57.11052 (refuge corresponding KIa fracture toughness areas) to its No. 28 Mine/Mill (I.D. No. The U.S. Nuclear Regulatory curve of ASME Section XI, Appendix G, 23–00494) located in Iron County, Commission (NRC) is considering Figure G–2210–1 (the KIa fracture Missouri. The petitioner requests a issuance of an exemption from certain toughness curve), using Code Case N– modification of the mandatory safety requirements of Title 10 of the Code of 640 for establishing the P–T limits standard to permit an alternative Federal Regulations (10 CFR) Part 50, would be less conservative than the method of compliance with the Section 50.60(a) for Facility Operating methodology currently endorsed by 10 requirements for refuge chambers. The Licenses Nos. DPR–29 and DPR–30, CFR Part 50, Appendix G and, therefore, petitioner asserts that the proposed issued to Commonwealth Edison an exemption to apply the Code Case alternative method would provide at Company (ComEd, or the licensee) for would also be required by 10 CFR 50.60. least the same measure of protection as operation of the Quad Cities Nuclear It should be noted that, although Code the mandatory standard and that Power Station, Units 1 and 2 (Quad Case N–640 was incorporated into the application of the existing standard will Cities), located in Cordova, Illinois. ASME Code recently, an exemption is result in a diminution of safety. Environmental Assessment still needed because the proposed P–T limits (excluding Code Cases N–588 and 16. The DOE Run Company Identification of the Proposed Action N–640) are based on the 1989 edition of [Docket No. M–1999–028–M] 10 CFR Part 50, Appendix G, requires the ASME Code. The DOE Run Company, One Oxford that pressure-temperature (P–T) limits The proposed action is in accordance Centre, 301 Grant Street, 20th Floor, be established for reactor pressure with the licensee’s application for Pittsburgh, Pennsylvania 15219–1410 vessels (RPVs) during normal operating exemption dated November 12, 1999. VerDate 27 The Need for the Proposed Action Alternatives to the Proposed Action NUCLEAR REGULATORY COMMISSION ASME Code Case N–588 and Code As an alternative to the proposed Case N–640 are needed to revise the action, the staff considered denial of the [Docket No. 50±331] method used to determine the RCS P– proposed action (i.e., the ‘‘no-action’’ T limits, since continued use of the alternative). Denial of the application IES Utilities Inc.; Duane Arnold Energy present curves unnecessarily restricts would result in no change in current Center; Notice of Consideration of the P–T operating window. Since the environmental impacts. The Approval of Transfer of Operating RCS P–T operating window is defined Authority Under Facility Operating by the P–T operating and test limit environmental impacts of the proposed action and the alternative action are License and Conforming Amendment, curves developed in accordance with and Opportunity for a Hearing the ASME Section XI, Appendix G similar. procedure, continued operation of Quad Alternative Use of Resources The U.S. Nuclear Regulatory Cities with these P–T curves without the Commission (the Commission) is relief provided by ASME Code Case N– This action does not involve the use considering the issuance of an order 640 would unnecessarily require the of any resources not previously under 10 CFR 50.80 approving the RPV to maintain a temperature considered in the Final Environmental transfer of operating authority under exceeding 212 degrees Fahrenheit in a Statement for the Quad Cities Nuclear Facility Operating License No. DPR–49 limited operating window during the Power Station, Units 1 and 2, dated for the Duane Arnold Energy Center pressure test. Consequently, steam September 1972. (DAEC), currently held by IES Utilities vapor hazards would continue to be one Inc. The transfer would be to a new of the safety concerns for personnel Agencies and Persons Consulted operating company called Nuclear conducting inspections in primary Management Company, LLC (NMC). The In accordance with its stated policy, containment. Implementation of the Commission is also considering on January 28, 2000, the staff consulted proposed P–T curves, as allowed by amending the license for administrative with the Illinois State official, Frank ASME Code Case N–640, does not purposes to reflect the proposed significantly reduce the margin of safety Niziolek of the Illinois Department of transfer. and would eliminate steam vapor Nuclear Safety, regarding the By application dated November 24, hazards by allowing inspections in environmental impact of the proposed 1999, seeking approval of the transfer, primary containment to be conducted at action. The State official had no the Commission was informed that IES lower coolant temperature. comments. Utilities Inc., has entered into a Nuclear Power Plant Operating Services In the associated exemption, the staff Finding of No Significant Impact has determined that, pursuant to 10 CFR Agreement with NMC. Under this 50.12(a)(2)(ii), the underlying purpose On the basis of the environmental Agreement, NMC would assume of the regulation will continue to be assessment, the Commission concludes exclusive responsibility for the served by the implementation of these that the proposed action will not have operation and maintenance of DAEC. Code Cases. a significant effect on the quality of the Ownership of DAEC will not be affected by the proposed transfer of operating Environmental Impacts of the Proposed human environment. Accordingly, the Commission has determined not to authority; IES Utilities Inc., the Central Action Iowa Power Cooperative, and the Corn prepare an environmental impact The Commission has completed its Belt Power Cooperative will retain their statement for the proposed action. evaluation of the proposed action and respective current ownership interests, concludes that the exemption described For further details with respect to the according to the application. Likewise, above would provide an adequate proposed action, see the licensee’s letter the three owners’ entitlement to margin of safety against brittle failure of dated November 12, 1999, which is capacity and energy from DAEC will not the Quad Cities reactor vessels. available for public inspection at the be affected by the proposed transfer of The proposed action will not increase Commission’s Public Document Room, operating authority. No physical the probability or consequences of The Gelman Building, 2120 L Street, changes to the facility or operational accidents, no changes are being made in NW., Washington, DC. Publicly changes are being proposed in the the types of any effluents that may be available records will be accessible application. released offsite, and there is no electronically from the ADAMS Public The proposed amendment would significant increase in occupational or Library component on the NRC Web reflect the transfer of authority under public radiation exposure. Therefore, site, http:www.nrc.gov (the Electronic the license to operate DAEC from IES there are no significant radiological Reading Room). Utilities Inc., to NMC. environmental impacts associated with Pursuant to 10 CFR 50.80, no license, the proposed action. Dated at Rockville, Maryland, this 31st day or any right thereunder, shall be With regard to potential of January 2000. transferred, directly or indirectly, nonradiological environmental impacts, For the Nuclear Regulatory Commission. through transfer of control of the the proposed action does not involve Anthony J. Mendiola, license, unless the Commission shall any historic sites. It does not affect Chief, Section 2, Project Directorate III, give its consent in writing. The nonradiological plant effluents and has Division of Licensing Project Management, Commission will approve an no other environmental impacts. Office of Nuclear Reactor Regulation. application for the transfer of a license, Therefore, there are no significant [FR Doc. 00–2522 Filed 2–3–00; 8:45 am] if the Commission determines that the nonradiological impacts associated with BILLING CODE 7590±01±P proposed transferee is qualified to hold the proposed action. the license, and that the transfer is Accordingly, the Commission otherwise consistent with applicable concludes that there are no significant provisions of law, regulations, and environmental impacts associated with orders issued by the Commission the proposed action. pursuant thereto. VerDate 27 Before issuance of the proposed DC 20555 (e-mail address for filings Utah, facility and notice of opportunity conforming license amendment, the regarding license transfer cases only: for a hearing. Commission will have made findings [email protected]); and the Secretary of required by the Atomic Energy Act of the Commission, U.S. Nuclear SUMMARY: Notice is hereby given that 1954, as amended (the Act), and the Regulatory Commission, Washington, the U.S. Nuclear Regulatory Commission’s regulations. DC 20555–0001, Attention: Rulemakings Commission (NRC) has received, by As provided in 10 CFR 2.1315, unless and Adjudications Staff, in accordance letter dated October 23, 1998 and otherwise determined by the with 10 CFR 2.1313. subsequent telephone conversation, a Commission with regard to a specific The Commission will issue a notice or request from Rio Algom Mining application, the Commission has order granting or denying a hearing Corporation (Rio Algom) to amend determined that any amendment to the request or intervention petition, License Condition (LC) 55 A.(3) of license of a utilization facility which designating the issues for any hearing Source Material License SUA–1119 for does no more than conform the license that will be held and designating the the Lisbon, Utah, facility. The license to reflect the transfer action involves no Presiding Officer. A notice granting a amendment request proposes to modify significant hazards consideration. No hearing will be published in the Federal LC 55 A.(3) to change the completion date for placement of the final radon contrary determination has been made Register and served on the parties to the barrier on the pile to December 31, 2000 with respect to this specific license hearing. amendment application. In light of the As an alternative to requests for for the area not covered by the generic determination reflected in 10 hearing and petitions to intervene, by evaporation pond. Due to continuing use of the evaporation pond, the final CFR 2.1315, no public comments with March 6, 2000, persons may submit radon barrier at the pond location will respect to significant hazards written comments regarding the license be completed by 2014. considerations are being solicited, transfer application, as provided for in notwithstanding the general comment 10 CFR 2.1305. The Commission will FOR FURTHER INFORMATION CONTACT: Jill procedures contained in 10 CFR 50.91. consider and, if appropriate, respond to Caverly, Office of Nuclear Material The filing of requests for hearing and these comments, but such comments Safety and Safeguards, Washington, DC petitions for leave to intervene, and will not otherwise constitute part of the 20555. Telephone (301) 415–6699. written comments with regard to the decisional record. Comments should be SUPPLEMENTARY INFORMATION: The license transfer application, are submitted to the Secretary, U.S. Nuclear portion of LC 55 A.(3) with the discussed below. Regulatory Commission, Washington, proposed change would read as follows: By February 24, 2000, any person DC 20555–0001, Attention: Rulemakings A. To ensure timely compliance with whose interest may be affected by the and Adjudications Staff, and should cite target completion dates established in Commission’s action on the application the publication date and page number of the Memorandum of Understanding may request a hearing, and, if not the this Federal Register notice. with the Environmental Protection applicants, may petition for leave to For further details with respect to this Agency (56 FR 55432, October 25, intervene in a hearing proceeding on the action, see the application dated 1991), the licensee shall complete Commission’s action. Requests for a November 24, 1999, available for public reclamation to control radon emissions hearing and petitions for leave to inspection at the Commission’s Public as expeditiously as practicable, intervene should be filed in accordance Document Room, the Gelman Building, considering technological feasibility, in with the Commission’s rules of practice 2120 L Street, NW., Washington, DC, accordance with the following schedule: set forth in Subpart M, ‘‘Public (3) Placement of final radon barrier and accessible electronically through Notification, Availability of Documents designed and constructed to limit radon the ADAMS Public Electronic Reading and Records, Hearing Requests and emissions to an average flux of no more Room link at the NRC Web site (http:/ Procedures for Hearings on License than 20 pCi/m2 sec above background— /www.nrc.gov). Transfer Applications,’’ of 10 CFR Part December 31, 2000 for areas not covered 2. In particular, such requests and Dated at Rockville, Maryland, this 31st day by the evaporation ponds and by petitions must comply with the of January 2000. December 31, 2014 for the area under requirements set forth in 10 CFR 2.1306, For the Nuclear Regulatory Commission. the evaporation ponds. and should address the considerations Claudia M. Craig, Rio Algom’s request to amend LC 55 contained in 10 CFR 2.1308(a). Chief, Section 1, Project Directorate III, A.(3) of Source Material License SUA– Untimely requests and petitions may be Division of Licensing Project Management, 1119, which describes the proposed denied, as provided in 10 CFR Office of Nuclear Reactor Regulation. changes to the license condition and the 2.1308(b), unless good cause for failure [FR Doc. 00–2520 Filed 2–3–00; 8:45 am] reason for the request, is being made to file on time is established. In BILLING CODE 7590±01±P available for public inspection at the addition, an untimely request or NRC’s Public Document Room at 2120 petition should address the factors that L Street, NW (Lower Level), the Commission will also consider, in NUCLEAR REGULATORY Washington, DC 20555. reviewing untimely requests or COMMISSION The NRC hereby provides notice of an petitions, set forth in 10 CFR Docket No. 40±8084 opportunity for a hearing on the license 2.1308(b)(1)–(2). amendment under the provisions of 10 Requests for a hearing and petitions Rio Algom Mining Corporation; CFR Part 2, Subpart L, ‘‘Informal for leave to intervene should be served Request to Revise a Site-Reclamation Hearing Procedures for Adjudications in upon Alvin H. Gutterman, counsel for Milestone Materials and Operator Licensing IES Utilities Inc., at Morgan, Lewis & Proceedings.’’ Pursuant to § 2.1205(a), Bockius LLP, 1800 M Street, NW, AGENCY: Nuclear Regulatory any person whose interest may be Washington, DC 20036–5869 (tel: 202– Commission. affected by this proceeding may file a 467–7468; fax: 202–467–7176; e-mail: ACTION: Notice of receipt of a request request for a hearing. In accordance [email protected]); and the from Rio Algom Mining Corporation to with § 2.1205(c), a request for hearing General Counsel, U.S. Nuclear revise a site-reclamation milestone in must be filed within 30 days of the Regulatory Commission, Washington, License No. SUA–1119 for the Lisbon, publication of this notice in the Federal VerDate 27 Register. The request for a hearing must For the U.S. Nuclear Regulatory the licenses to operate Point Beach, be filed with the Office of the Secretary, Commission. Units 1 and 2, from WEPCo to NMC. either: Thomas H. Essig, Pursuant to 10 CFR 50.80, no license, (1) By delivery to the Docketing and Chief, Uranium Recovery and Low Level or any right thereunder, shall be Service Branch of the Office of the Waste Branch, Division of Waste transferred, directly or indirectly, Management, Office of Nuclear Material through transfer of control of the Secretary at One White Flint North, Safety and Safeguards. 11555 Rockville Pike, Rockville, MD license, unless the Commission shall [FR Doc. 00–2523 Filed 2–3–00; 8:45 am] 20852; or give its consent in writing. The BILLING CODE 7590±01±U Commission will approve an (2) By mail or telegram addressed to application for the transfer of a license, the Secretary, U.S. Nuclear Regulatory if the Commission determines that the Commission, Washington, DC 20555, NUCLEAR REGULATORY proposed transferee is qualified to hold Attention: Docketing and Service COMMISSION the license, and that the transfer is Branch. [Docket Nos. 50±266 and 50±301] otherwise consistent with applicable In accordance with 10 CFR 2.1205(e), provisions of law, regulations, and each request for a hearing must also be Wisconsin Electric Power Company orders issued by the Commission served, by delivering it personally or by Point Beach Nuclear Plant, Units 1 and pursuant thereto. mail, to: 2; Notice of Consideration of Approval Before issuance of the proposed (1) The applicant, Rio Algom of Transfer of Operating Authority conforming license amendments, the Corporation, 6305 Waterford Blvd., Under Facility Operating Licenses and Commission will have made findings Suite 325, Oklahoma City, Oklahoma Conforming Amendments, and required by the Atomic Energy Act of 73118, Attention: William Paul Opportunity for a Hearing 1954, as amended (the Act), and the Goranson; and Commission’s regulations. The U.S. Nuclear Regulatory As provided in 10 CFR 2.1315, unless (2) The NRC staff, by delivery to the Commission (the Commission) is otherwise determined by the Executive Director for Operations, One considering the issuance of an order Commission with regard to a specific White Flint North, 11555 Rockville under 10 CFR 50.80 approving the application, the Commission has Pike, Rockville, MD 20852, or by mail transfer of operating authority under determined that any amendment to the addressed to the Executive Director for Facility Operating Licenses Nos. DPR– license of a utilization facility which Operations, U.S. Nuclear Regulatory 24 and DPR–27 for the Point Beach does no more than conform the license Commission, Washington, DC 20555. Nuclear Plant, Units 1 and 2, currently to reflect the transfer action involves no In addition to meeting other held by Wisconsin Electric Power significant hazards consideration. No applicable requirements of 10 CFR Part Company (WEPCo), as owner and contrary determination has been made 2 of the NRC’s regulations, a request for licensed operator of Point Beach, Units with respect to this specific license a hearing filed by a person other than 1 and 2. The transfer would be to a new amendment application. In light of the an applicant must describe in detail: operating company called Nuclear generic determination reflected in 10 (1) The interest of the requestor in the Management Company, LLC (NMC). The CFR 2.1315, no public comments with proceeding; Commission is also considering respect to significant hazards amending the licenses for considerations are being solicited, (2) How that interest may be affected administrative purposes to reflect the notwithstanding the general comment by the results of the proceeding, proposed transfer. If authorized to procedures contained in 10 CFR 50.91. including the reasons why the requestor operate the facility, NMC, according to The filing of requests for hearing and should be permitted a hearing, with the application, will also act as the petitions for leave to intervene, and particular reference to the factors set out general licensee for the Independent written comments with regard to the in § 2.1205(g); Spent Fuel Storage Installation at Point license transfer application, are (3) The requestor’s areas of concern Beach, Units 1 and 2, pursuant to 10 discussed below. about the licensing activity that is the CFR 72.210. By February 24, 2000, any person subject matter of the proceeding; and By application dated November 24, whose interest may be affected by the (4) The circumstances establishing 1999, seeking approval of the transfer, Commission’s action on the application that the request for a hearing is timely the Commission was informed that may request a hearing, and, if not the in accordance with § 2.1205(c). WEPCo has entered into a Nuclear applicants, may petition for leave to Power Plant Operating Services intervene in a hearing proceeding on the The request must also set forth the Agreement with NMC. Under this Commission’s action. Requests for a specific aspect or aspects of the subject Agreement, NMC is to assume exclusive hearing and petitions for leave to matter of the proceeding as to which responsibility for the operation and intervene should be filed in accordance petitioner wishes a hearing. maintenance of Point Beach, Units 1 with the Commission’s rules of practice In addition, members of the public and 2. WEPCo’s ownership of Point set forth in Subpart M, ‘‘Public may provide comments on the subject Beach, Units 1 and 2, will not be Notification, Availability of Documents application within 30 days of the affected by the proposed transfer of and Records, Hearing Requests and publication of this notice in the Federal operating authority, according to the Procedures for Hearings on License Register. The comments may be application. Likewise, WEPCo’s Transfer Applications,’’ of 10 CFR Part provided to David L. Meyer, Chief, entitlement to capacity and energy from 2. In particular, such requests and Rules Review and Directives Branch, Point Beach, Units 1 and 2, will not be petitions must comply with the Division of Freedom of Information and affected by the transfer of operating requirements set forth in 10 CFR 2.1306, Publications Services, Office of authority. No physical changes to the and should address the considerations Administration, U.S. Nuclear Regulatory facility or operational changes are being contained in 10 CFR 2.1308(a). Commission, Washington DC 20555. proposed in the application. Untimely requests and petitions may be Dated at Rockville, Maryland, this 28th day The proposed amendments would denied, as provided in 10 CFR of January 2000. reflect the transfer of authority under 2.1308(b), unless good cause for failure VerDate 27 VerDate 27 VerDate 27 VerDate 27 Astra Strategic Investment Series [File (‘‘Act’’) for an exemption from section Insight Government Money Market No. 811–0038], Astra Global Investment 17(a) of the Act. Fund, and Harris Insight Tax-Exempt Series [File No. 811–4468], Astra Money Market Fund (the ‘‘Acquired Institutional Securities Trust [File No. SUMMARY OF APPLICATION: Applicants Funds’’). 811–6408] and Astra Institutional Trust request an order to permit certain series 2. HIFT, a Massachusetts business [File No. 811–6518] of Harris Insight Funds Trust (‘‘HIFT’’) trust, is registered under the Act as an to acquire all of the assets and liabilities Summary: Each applicant seeks an open-end management investment of all of the series of HT Insight Funds order declaring that it has ceased to be company and is currently comprised of Inc. (‘‘HTIF’’) (the ‘‘Reorganization’’). an investment company. By December thirteen series. As part of the Because of certain affiliations, 29, 1997, each applicant had made a Reorganization, HIFT is organizing the applicants may not rely on rule 17a–8 final liquidating distribution to its following five new shell series: Harris under the Act. shareholders based on net asset value. Insight Equity Fund, Harris Insight Shareholder Communications APPLICANTS: HIFT, HTIF, and Harris Short/Intermediate Bond Fund, Harris Corporation, a professional pre-escheat Trust and Savings Bank (‘‘Harris Bank’’). Insight Money Market Fund, Harris service provider, has been retained to FILING DATES: The application was Insight Government Money Market search for shareholders whose filed on September 17, 1999, and Fund, and Harris Insight Tax-Exempt whereabouts could not be ascertained. amended and restated on January 18, Money Market Fund (the ‘‘Acquiring Astra Strategic Investment Series paid 2000. Funds,’’ collectively with the Acquired 1 approximately $90,271 in expenses in HEARING OR NOTIFICATION OF Fund, the ‘‘Funds’’). Applicants state connection with its liquidation. Each of HEARING: An order granting the that the investment objectives and the remaining applicants paid application will be issued unless the policies of the Acquiring funds are approximately $23,798 in expenses in SEC orders a hearing. Interested persons substantially similar to those of the connection with their liquidations. may request a hearing by writing to the corresponding Acquired Funds. Filing Dates: Each application was SEC’s Secretary and serving applicants 3. Harris Bank serves as investment filed on January 3, 2000, and amended with a copy of the request, personally or adviser to the Acquired Funds and is on January 21, 2000. by mail. Hearing requests should be exempt from registration under the Applicant’s Address: c/o PFPC, Inc., received by the SEC by 5:30 p.m. on Investment Advisers Act of 1940. Harris 103 Bellevue Parkway, Wilmington, February 22, 2000, and should be Bank will act as the investment adviser Delaware 19809. accompanied by proof of service on to the Acquiring Funds. Harris applicants, in the form of an affidavit, Investment Management, Inc. (‘‘HIM’’), American Skandia Life Assurance or, for lawyers, a certificate of service. an affiliate of Harris Bank, is registered Corporation Variable Account C [File Hearing requests should state the nature as an investment adviser under the No. 811–5676] of the writer’s interest, the reason for the Advisers Act, and serves as subadviser Summary: Applicant seeks an order request, and the issues contested. to four of the Acquired Funds and will declaring that it has ceased to be an Persons who wish to be notified of a serve as subadviser to the four investment company. Applicant has not hearing may request notification by corresponding Acquiring Funds. Harris made any public offering of its writing to the SEC’s Secretary. Bank and HIM are each wholly-owned subsidiaries of Harris Bankcorp, Inc. securities and does not propose to make ADDRESSES: Secretary, SEC, 450 Fifth Currently, Harris Bank, HIM and/or any public offering or engage in Street, N.W., Washington, D.C. 20549– certain of their affiliates that are under business of any kind. 0609. HIFT and HTIF, Four Falls common control (the ‘‘Harris Group’’) Filing Dates: The application was Corporate Center, 6th Floor, West hold of record, in their names or in the filed on January 4, 2000 and amended Conshohocken, Pennsylvania, 19428– names of their nominees, in excess of on January 18, 2000. 2961. Harris Bank, 111 West Monroe 25% of the outstanding voting securities Applicant’s Address: One Corporate Street/6W, Chicago, Illinois, 60603. Drive, Shelton, CT 06484. of each of the Acquired Funds. All of FOR FURTHER INFORMATION CONTACT: these securities are held for the benefit For the Commission, by the Division of Paula L. Kashtan, Senior Counsel, at of others in a trust, agency, custodial or Investment Management, pursuant to (202) 942–0615, or Mary Kay Frech, delegated authority. other fiduciary or representative Branch Chief, at (202) 942–0564 capacity. Margaret H. McFarland, (Division of Investment Management, 4. On July 29, 1999, the board of Deputy Secretary. Office of Investment Company directors of HTIF (the ‘‘Board’’ or [FR Doc. 00–02448 Filed 2–3–00; 8:45 am] Regulation). ‘‘HTIF’’) and the board of trustees of BILLING CODE 8010±01±M SUPPLEMENTARY INFORMATION: The HIFT, none of whom are ‘‘interested following is a summary of the persons’’ as defined in section 2(a)(19) of the Act (‘‘Disinterested Directors/ SECURITIES AND EXCHANGE application. The complete application Trustees’’), approved the Reorganization COMMISSION may be obtained for a fee at the SEC’s Public Reference Branch, 450 Fifth pursuant to which the assets and [Release No. IC±24270, 812±11778] Street, N.W., Washington, D.C. 20549– liabilities of each of the Acquired Funds 0102 (telephone (202) 942–8090). will be transferred to the corresponding HT Insight Funds, Inc., et al., Notice of Acquiring Fund in exchange for shares Application Applicants’ Representations of designated classes of the 1. HTIF, a Maryland corporation, is corresponding Acquiring Fund January 28, 2000. registered under the Act as an open-end AGENCY: Securities and Exchange management investment company and 1 A registration statement for the five shell Commission (‘‘SEC’’). is comprised of five series, Harris Acquiring Funds is expected to be filed in February, ACTION: 2000, and it is anticipated that it will be declared Notice of an application for an Insight Equity Fund, Harris Insight effective on or before May 1, 2000. The Acquiring order under section 17(b) of the Short/Intermediate Bond Fund, Harris funds are expected to commence operations upon Investment Company Act of 1940 Insight Money Market Fund, Harris the consummation of the Reorganization. VerDate 27 (‘‘Reorganization Plan’’).2 Shareholders determined by the Board of each owned, controlled, or held with power of each of the Acquired Funds will Acquired Fund. to vote by the other person; (c) any receive shares of the corresponding 7. The Board of each Acquired Fund, person directly or indirectly controlling, Acquiring Fund having an aggregate net consisting solely of Disinterested controlled by, or under common control asset value equal to the aggregate net Directors, found that the Reorganization with the other person, and (d) if the asset value of the Acquired Fund’s is in the best interests of the Acquired other person is an investment company, shares held by each shareholder, as Fund, and that the interests of existing any investment adviser of that company. determined on the closing date of the shareholders of the Acquired Fund will Applicants state that the Funds may be Reorganization, currently anticipated to not be diluted as a result of the deemed affiliated persons and thus the occur on May 2, 2000. The value of the Reorganization. During its deliberations, Reorganization may be prohibited by assets of the Funds will be determined the Board reviewed, among other things: section 17(a). in the manner set forth in the Funds’ (a) the terms and conditions of the 2. Rule 17a–8 under the Act exempts then current prospectuses and Reorganization; (b) the investment from the prohibitions of section 17(a) statements of additional information. As advisory and other fees projected to be mergers, consolidations, or purchases or soon as practicable after the closing paid by the Acquiring Fund, and the sales of substantially all of the assets of date, the Acquiring Fund shares projected expense ratio of the Acquiring registered investment companies that received by each Acquired Fund will be Fund as compared to that of the are affiliated persons, or affiliated distributed pro rata to the shareholders Acquired Fund; (c) the investment persons of an affiliated person, solely by of the Acquired Fund and each objectives, strategies, investment risks, reason of having a common investment Acquired Fund will liquidate and policies and limitations of the Acquiring adviser, common directors, and/or dissolve. Fund and their compatibility with those common officers, provided that certain of the Acquired Fund; (d) the potential conditions set forth in the rule are 5. The Acquired Funds and the economies of scale to be gained from satisfied. Applicants believe that they Acquiring Funds fall into two combining the assets of the Acquired may not rely on rule 17a–8 in categories. First, there are two non- Fund into the Acquiring Fund; and (e) connection with the Reorganization money market funds that offer or, after the anticipated tax-free nature of the because the Funds may be deemed to be the Reorganization, will offer shares in Reorganization. affiliated for reasons other than those set three classes (a shares, N shares and 8. The Reorganization is subject to a forth in the rule. By virtue of the direct Institutional shares) (‘‘Non-Money number of conditions precedent, or indirect ownership by the Harris Market Funds’’). Second, there are three including that: (a) the shareholders of Group of more than 25% of the Money Market Funds that offer or, after each of the Acquired Funds will have outstanding voting securities of each of the Reorganization, will offer shares in approved the Reorganization Plan; (b) the Acquired Funds, each of the two classes (N shares and Institutional applicants will have received exemptive Acquired Funds may be deemed an shares) (‘‘Money Market Funds’’). relief from the SEC; (c) a registration affiliated person of an affiliated person 6. Class A shares of the Funds are statement under the Securities Act of of each of the corresponding Acquiring subject to a maximum front-end sales 1933 for the Acquiring Funds will have Fund. In addition, because of this load of 5.50%, a maximum contingent become effective; and (d) an opinion of ownership, the Funds may be deemed to deferred sales charge (‘‘CDSC’’) of counsel is received with respect to the be under common control, and thus 1.00%, and a maximum .35% rule 12b– tax-free nature of the Reorganization. affiliated persons under Section 1 fee. Class N shares of the Funds are The Reorganization Plan may be 2(a)(3)(C) of the Act. subject to a maximum .25% service fee, terminated by mutual written consent of 3. Section 17(b) of the Act provides and class N shares of the Money Market the Boards of HTIF and HIFT at any that the SEC may exempt a transaction Funds have a maximum .10% rule 12b– time prior to the closing. Applicants from the provisions of section 17(a) if 1 fee. None of the class N shares is agree not to make any material changes the evidence establishes that the terms subject to a front-end sales charge of to the Reorganization Plan without prior of the proposed transaction, including CDSC. Institutional shares are offered SEC approval. the consideration to be paid, are without service fees, front-end sales 9. The definitive proxy statement was reasonable and fair and do not involve charges, CDSCs or 12b–1 fees. For filed with the SEC on October 25, 1999. overreaching on the part of any person purposes of calculating the CDSCs on A special meeting of the shareholders of concerned, and that the proposed class A shares, shareholders of class A the Acquired Funds was held on transaction is consistent with the policy shares of each of the Non-Money Market November 29, 1999, at which the of each registered investment company Acquired Funds will be deemed to have shareholders approved the concerned and with the general Reorganization Plan. purposes of the Act. held the class A shares of the 4. Applicants request an order under corresponding Acquiring Fund since the Applicants’ Legal Analysis section 17(b) of the Act exempting them date the shareholders initially 1. Section 17(a) of the Act generally from section 17(a) of the Act to the purchased the Class A shares of the prohibits an affiliated person of a extent necessary to permit applicants to Acquired Fund. Shareholders of the registered investment company, or an consummate the Reorganization. Acquired Funds will not incur any sales affiliated person of such a person, acting Applicants submit that the charges in connection with the as principal, from selling any security Reorganization satisfies the standards of Reorganization. Harris Bank assumed to, or purchasing any security from, the section 17(b) of the Act. Applicants state approximately one half of the proxy company. Section 2(a)(3) of the Act that the Board of HTIF, including a costs, and the shareholders of the defines an ‘‘affiliated person’’ of another majority of its Disinterested Directors, Acquired Funds will pay the remainder person to include: (a) any person found that participation in the of the Reorganization expenses, as directly or indirectly owning, Reorganization is in the best interests of controlling, or holding with power to each of the Acquired Funds, and that 2 Prior to the implementation of the vote 5% or more of the outstanding the interests of the existing shareholders Reorganization Plan, the Acquired Funds intend to voting securities of the other person; (b) discharge substantially all of their liabilities. Each will not be diluted as a result of the Acquiring Fund will assume all remaining any person 5% or more of whose Reorganization. Applicants also note liabilities of the corresponding Acquired Fund. securities are directly or indirectly that the exchange of the Acquired VerDate 27 Funds’ assets for shares in the Acquiring accompanied by proof of service on ‘‘Indexes’’), as the case may be, having Funds will be based on the Funds’ applicants in the form of an affidavit or, the highest dividend yields no more relative net asset values. for lawyers, a certificate of service. than three business days prior to the For the SEC, by the Division of Investment Hearing requests should state the nature Ten Series’ initial date of deposit. Management, under delegated authority. of the writer’s interest, the reason for the Certain other Index Series (each, a ‘‘Five Margaret H. McFarland, request, and the issues contested. Series’’) will invest approximately 20%, Deputy Secretary. Persons who wish to be notified of a but in no event more than 20.5%, of [FR Doc. 00–2449 Filed 2–3–00; 8:45 am] hearing may request notification by their total assets in each of the five writing to the SEC’s Secretary. BILLING CODE 8010±01±M lowest dollar price per share stocks of ADDRESSES: Secretary, SEC, 450 Fifth the ten common stocks in one of the Street, N.W., Washington, DC 20549– Indexes, as the case may be, having the SECURITIES AND EXCHANGE 0609. Applicants, 7 World Trade Center, highest dividend yields no more than COMMISSION 36th Floor, New York, NY 10048. three business days prior to the Five FOR FURTHER INFORMATION CONTACT: [Investment Company Act Release No. Series’ initial date of deposit. The other 24269; 812±11630] Michael W. Mundt, Branch Chief, at Index Series (each a ‘‘Ten/A+ Series’’) (202) 942–0564 (Office of Investment will invest approximately 50% of their Salomon Smith Barney Inc., et al.; Company Regulation, Division of total assets in the ten common stocks Notice of Application Investment Management). contained in the DJIA having the highest SUPPLEMENTARY INFORMATION: The dividend yields and 50% in the January 28, 2000. following is a summary of the common stocks contained in the DJIA AGENCY: Securities and Exchange application. The complete application having a quality ranking of A+ by Commission (‘‘SEC’’). may be obtained for a fee at the SEC’s Standard & Poor’s (‘‘S&P’’) no more than ACTION: Notice of an application under Public Reference Branch, 450 Fifth three business days prior to the Ten/A+ section 6(c) of the Investment Company Street, N.W., Washington, DC 20549– Series initial date of deposit.2 Act of 1940 (the ‘‘Act’’) for an 0102 (tel. 202–942–8090). exemption from section 12(d)(3) of the 4. Applicants state that each of the Act, and under sections 6(c) and 17(b) Applicants’ Representations Indexes is a recognized indicator of the of the Act for an exemption from section 1. Each Trust is a unit investment stock market in its respective country, 17(a) of the Act. trust registered under the Act with and that S&P has been ranking common 3 multiple series. Each Trust is created by stock for quality since 1956. The SUMMARY OF APPLICATION: Applicants a trust indenture between the Trust, the publishers of the Indexes and S&P are request an order that would permit (a) Sponsor, and the Chase Manhattan not affiliated with any Index Series or certain series of unit investment trusts Bank, which is a bank within the the Sponsor, and do not participate in to invest up to 10.5%, certain other meaning of section 2(a)(5) of the Act any way in the creation of any Index series to invest up to 15.5%, and certain that satisfies the criteria in section 26(a) Series or the selection of its stocks. The other series to invest up to 20.5% of of the Act and is unaffiliated with the common stocks included in the Indexes their respective total assets in securities Sponsor (the ‘‘Trustee’’). Applicants may include stocks of issuers that derive of issuers that derived more than 15% also request belief for any future Trust more than 15% of their gross revenues of their gross revenues in their most sponsored by the Sponsor.1 from securities related activities, as that recent fiscal year from securities related 2. Certain Series of the Trusts will term is defined in rule 12d3–1 under the activities; and (b) certain series to sell hold a portfolio of common stocks of Act, as discussed below (‘‘Securities portfolio securities to certain new series. growth companies (each such Series, a Related Issuers’’). APPLICANTS: Salomon Smith Barney Inc. ‘‘Growth Series’’). The investment 5. The securities deposited in each (the ‘‘Sponsor’’), The Uncommon Values objective of each Growth Series is to Index Series will be chosen solely Trust, Equity Focus Trusts, Angels with seek capital appreciation. Other Series according to the formulas described Dirty Faces Trust, The CountryFund (each an ‘‘Index Series’’) will hold a below, and will not necessarily reflect Opportunity Trust, Robinson-Humphrey portfolio of common stocks which the research opinions or buy or sell Annual Themes Series and certain other represent a portion of a specific index. future unit investment trusts sponsored recommendations of the Sponsor. The The investment objective of each Index Sponsor is authorized to determine the by the Sponsor (collectively, the Series is to seek a greater total return date of deposit, to purchase securities ‘‘Trusts’’ and the various series of the than that achieved by the stocks for deposit in the Index Series, and to Trusts, each a ‘‘Series’’). comprising the entire related index over FILING DATES: The application was filed the life of the Index Series. 2 Applicants state that the number of common on May 26, 1999. Applicants have 3. Certain of the Index Series (each, a stocks listed on the DJIA that have received S&P agreed to file an amendment to the ‘‘Ten Series’’) will invest approximately ratings of A+ has ranged from six to eleven stocks application during this notice period, 10%, but no more than 10.5% of their over the past 25 years. the substance of which is reflected in total assets in each of the ten common 3 The DJIA, which is owned by Dow Jones & this notice. stocks in the Dow Jones Industrial Company, Inc., comprises 30 widely-held common stocks listed on the New York Stock Exchange, HEARING OR NOTIFICATION OF HEARING: An Average (‘‘DJIA’’), the Financial Times which are chosen by the editors of The Wall Street order granting the requested relief will Industrial Ordinary Share Index (‘‘FT Journal. The FT Index comprises 30 widely-held be issued unless the SEC orders a Index’’), the Nikkei 225 Index (the common stocks listed on the London Stock ‘‘Nikkei Index’’), or the Hang Seng Index Exchange, which are chosen by the editors of The hearing. Interested persons may request Financial Times. The Nikkei Index comprises 225 a hearing by writing to the SEC’s (each an ‘‘Index,’’ and together the common stocks listed on the Tokyo Stock Secretary and serving applicants with a Exchange. The Hang Seng index comprises 33 copy of the request, personally or by 1 All existing Trusts that intend to rely on the common stocks listed on the Stock Exchange of order are named as applicants. Any existing of Kong, Ltd. ‘‘A+’’ is the highest S&P ranking for mail. Hearing requests should be future Trust that relies on the order in the future earning and dividends of common stock and is received by the SEC by 5:30 p.m. on will comply with the terms and conditions of the based on per-share earnings and dividend records February 22, 2000; and should be application. of the most recent ten years. VerDate 27 VerDate 27 VerDate 27 SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE Modification System (‘‘Profile’’), a COMMISSION COMMISSION specific feature of the DRS facility.3 Under DTC’s rule, only those DRS Sunshine Act Meeting [Release No. 34±42366; File No. SR±DTC± limited participants 4 who ‘‘implement 00±01] Profile’’ are allowed to make additional 5 Notice is hereby given, pursuant to Self-Regulatory Organizations; The securities eligible for inclusion in DRS. the provisions of the Government in the Depository Trust Company; Notice of With this filing, DTC is interpreting the Sunshine Act, Pub. L. 94–409, that the Filing and Immediate Effectiveness of phrase ‘‘implements Profile’’ to be Securities and Exchange Commission Proposed Rule Change Relating to an satisfied when a DRS limited participant will hold the following meeting during Interpretation of an Existing Rule enters into a written agreement with DTC stating that the DRS limited the week of February 7, 2000. Pertaining to the Direct Registration participant will continue to use DRS, System A closed meeting will be held on including Profile, when Profile becomes Wednesday, February 9, 2000 at 11:00 January 28, 2000. operational. DTC will make Profile a.m. Pursuant to Section 19(b)(1) of the operational using either an electronic Commissioner Unger, as duty officer, Securities Exchange Act of 1934 medallion program 6 or a screen-based determined that no earlier notice thereof (‘‘Act’’),1 notice is hereby given that on indemnity.7 was possible. January 20, 2000, The Depository Trust In the case of a screen-based indemnity, before an instruction relating Commissioners, Counsel to the Company (‘‘DTC’’) filed with the to a customer’s DRS position is Commissioners, the Secretary to the Securities and Exchange Commission (‘‘Commission’’) the proposed rule permitted to be sent via DRS to the DRS Commission, and recording secretaries limited participant, a DTC participant will attend the closed meeting. Certain change as described in Items I, II, and III below, which items have been would have to agree to a screen-based staff members who have an interest in indemnity in substantially the following the matters may also be present. prepared primarily by DTC. The Commission is publishing this notice to form: (1) Participant represents that it has The General Counsel of the solicit comments on the proposed rule customer authority for the request Commission, or his designee, has change from interest parties. certified that, in his opinion, one or appearing on the following screen and more of the exemptions set forth in 5 I. Self-Regulatory Organization’s that all information shown is accurate U.S.C. 552b(c)(4), (8), (9)(A) and (10) Statement of the Terms of substance of and complete, except that, with respect and 17 CFR 200.402(a)(4), (8), (9)(A) and the Proposed Rule Change to the taxpayer identification number included in such information, to the (10), permit consideration for the The proposed rule change provides an best knowledge of participant, such scheduled matters at the closed meeting. interpretation of DTC’s rule relating to information is accurate and complete; the Profile Modification System feature Commissioner Unger, as duty officer, and voted to consider the item listed for the of the Direct Registration System (2) Participant indemnifies the issuer facility. closed meeting in a closed session. and its transfer agent against any breach The subject matter of the closed II. Self-Regulatory Organization’s of such representations in connection meeting scheduled for Wednesday, Statement of the Purpose of, and with the transaction that is the subject of such request. February 9, 2000 is: amicus Statutory Basis for the Proposed Rule Change DTC believes that the proposed rule participation. change is consistent with the At times, changes in Commission In its filing with the Commission, requirements of Section 17A of the Act 8 priorities require alterations in the DTC included statements concerning scheduling of meeting items. For further the purpose of and basis for the 3 For a description of the DRS facility information and to ascertain what, if proposed rule change and discussed any administered by DTC, see Securities Exchange Act comments it received on the proposed Release No. 37931 (November 7, 1996), 61 FR 58600 any, matters have been added, deleted rule change. The text of these statements (November 15, 1996) [File No. SR–DTC–96–15] or postponed, please contact: The office (order relating to the establishment of DRS); may be examined at the places specified of the Secretary at (202) 942–7070. Securities Exchange Act Release No. 41862 in Item IV below. DTC has prepared (September 10, 1999), 64 FR 51162 (September 21, Dated: February 2, 2000. summaries, set forth in sections (A), (B), 1999) [file No. SR–DTC–99–16] (order relating to implementation of the Profile Modification System). Jonathan G. Katz, and (C) below, of the most significant 4 2 A DRS Limited Participant is a transfer agent Secretary. aspects of these statements. who is permitted under DTC rules to facilitate DRS [FR Doc. 00–2721 Filed 2–2–00; 4:02 pm] transactions. Securities Exchange Act Release No. (A) Self-Regulatory Organization’s 37931 (November 7, 1996), 61 FR 58600 (November BILLING CODE 8010±01±M Statement of the Purpose of, and 15, 1996) [File No. SR–DTC–96–15]. Statutory Basis for, the Proposed Rule 5 Id. Change 6 Representatives of the New York Stock Exchange, which operates the Medallion Stamp The purpose of the proposed rule Program (a signature guarantee program), the change is to provide an interpretation Securities Transfer Association, the Securities Industry Association, and issuers have been with respect to the meaning of DTC’s negotiating in order to implement an electronic current rule relating to the medallion program. Such an electronic medallion administration of the Direct Registration program would operate under a mutually agreed- System (‘‘DRS’’) facility and the Profile upon indemnification agreement that would address the risks undertaken by the respective parties participating in transferring customer positions in DRS. 7 DTC will be to submitting to the Commission in 1 15 U.S.C. 78s(b)(1). the near future a proposed rule change to 2 The Commission has modified the text of the implement Profile. summaries prepared by DTC. 8 15 U.S.C. 78q–1. VerDate 27 VerDate 27 VerDate 27 2. Statutory Basis IV. Solicitation of Comments Title of Information Collection: Petition to ClassifySpecial Immigrants NASD Regulation believes that the Interested persons are invited to submit written data, views, and Under INA 203(b)(4) as an Employee or Notice to Members is consistent with Former Employee of the U.S. the provisions of Section 15A(b)(6) of arguments concerning the foregoing, including whether the purposed rule Government Abroad. the Act,5 which requires, among other Frequency: 500. things, that the Association’s rules be change is consistent with the Act. Form Number: DS–1884. designed to prevent fraudulent and Persons making written submissions Respondents: Foreign Applicants. manipulative acts and practices, to should file six copies thereof with the Estimated Number of Respondents: promote just and equitable principles of Secretary, Securities and Exchange 500. trade, and, in general, to protect Commission, 450 Fifth Street, N.W., Average Hours Per Response: .5 investors and the public interest. NASD Washington, D.C. 20549–0609. Copies of hours. Regulation believes that member firms the submission, all subsequent Total Estimated Burden: 250 hours. that permit customers to engage in amendments, all written statements Public comments are being solicited with respect to the proposed rule to permit the agency to: extended hours trading have an • obligation under just and equitable change that are filed with the Evaluate whether the proposed principles of trade to disclose to such Commission, and all written information collection is necessary for customers the material risks of extended communications relating to the the proper performance of the functions hours trading. Similarly, members that proposed rule change between the of the agency, including whether the advertise the opportunities and benefits Commission and any person, other than information will have practical utility. • Evaluate the accuracy of the of extended hours trading must also those that may be withheld from the agency’s estimate of the burden of the disclose the materials risks. NASD public in accordance with the proposed collection, including the Regulation believes that this Notice to provisions of 5 U.S.C. 552, will be validity of the methodology and Members is an important element to available for inspection and copying in the Commission’s Public Reference assumptions used. protect investors and the public interest • Enhance the quality, utility, and with respect to extended hours trading.6 Room. Copies of such filing will also be available for inspection and copying at clarity of the information to be B. Self-Regulatory Organization’s the principal office of the NASD. All collected. • Statement on Burden on Competition submissions should refer to file number Minimize the reporting burden on SR–NASD–00–01 and should be those who are to respond, including NASD Regulation does not believe submitted by February 25, 2000. through the use of automated collection that the proposed rule change will result techniques or other forms of technology. in any burden on competition that is not For the Commission, by the Division of FOR ADDITIONAL INFORMATION: Copies of necessary or appropriate in furtherance Market Regulation, pursuant to delegated the proposed information collection and authority.9 of the purposes of the Act, as amended. supporting documents may be obtained Margaret H. McFarland, from Daria Darnell, U.S. Department of C. Self-Regulatory Organization’s Deputy Secretary. Statement on Comments on the State, 2401E ST NW, RM L–703, [FR Doc. 00–2486 Filed 2–3–00; 8:45 am] Proposed Rule Change Received From Washington, DC 20520, Tel: 202–663– Members, Participants, or Others BILLING CODE 8010±01±M 1253.Public comments and questions should be directed to the State Written comments were neither Department Desk Officer, Office of solicited nor received. DEPARTMENT OF STATE Information and Regulatory Affairs, Office of Management and Budget Office of Visa Services III. Date of Effectiveness of the (OMB),Washington, DC 20530, (202) Proposed Rule Change and Timing for 395–5871. Commission Action [Public Notice 3211] Dated: January 12, 2000. The foregoing rule change has become 30-Day Notice of Information Nancy H. Sambaiew, effective pursuant to Section Collection; Petition to Classify Special Deputy Assistant Secretary of State for Visa 19(b)(3)(A)(i) of the Act 7 and Rule 19b– Immigrant Under INA 203(b)(4) as an Services. 4(f)(1) 8 in that it constitutes a stated Employee Or Former Employee of the [FR Doc. 00–2549 Filed 2–3–00; 8:45 am] policy and interpretation with respect to U.S. Government Abroad, Form DS± BILLING CODE 4710±06±U the meaning of an existing rule. 1884 At any time within 60 days of the SUMMARY: The Department of State has DEPARTMENT OF STATE filing of a rule change pursuant to submitted the following information to Section 19(b)(3)(A) of the Act, the the Office of Management and [Public Notice No. 3189] Commission may summarily abrogate Budget(OMB) in accordance with the the rule change if it appears to the Paperwork Reduction Act of 1995. Secretary of State's Advisory Commission that such action is Comments should be submitted to OMB Committee on Private International necessary or appropriate in the public within 30 days of the publication of this Law: Study Group Related to the interest, for the protection of investors, notice. Protection of Children Conventions and or otherwise in furtherance of the The following summarizes the Agreements; Meeting notice purposes of the Act. information collection proposal There will be a public meeting of a submitted to OMB: Study Group of the Secretary of State’s 5 15 U.S.C. 78o–3(b)(6). Type of Request: Reinstatement of Advisory Committee on Private 6 In reviewing this proposal, the Commission has Form. considered its impact on efficiency, competition, International Law on Saturday, February and capital formation. 15 U.S.C. 78c(f). Originating Office: CA/VO/F/P. 26, 2000, to discuss international 7 15 U.S.C. 78s(b)(3)(A). protection of children issues. The 8 17 CFR 240.196–4(f)(1). 9 17 CFR 200.30–3(a)(12). meeting will be held from 9:30 to 4:30 VerDate 27 VerDate 27 150. Such determination does not DEPARTMENT OF TRANSPORTATION 101–508) and Part 158 of the Federal constitute approval of the applicant’s Aviation Regulations (14 CFR Part 158). Federal Aviation Administration data, information or plans, or a On January 13, 2000 the FAA commitment to approve a noise Notice of Intent To Rule on Application determined that the application to compatibility program or to fund the impose and use the revenue from a PFC implementation of that program. To Impose and Use the Revenue From a Passenger Facility Charge (PFC) at submitted by the Airport was If questions arise concerning the McAllen International, McAllen, TX substantially complete within the precise relationship of specific requirements of Section 158.25 of Part properties to noise exposure contours AGENCY: Federal Aviation 158. The FAA will approve or depicted on a noise exposure map Administration (FAA), DOT. disapprove the application, in whole or submitted under Section 103 of the Act, ACTION: Notice of intent to rule on in part, no later than April 15, 2000. it should be noted that the FAA is not application. involved in any way in determining the The following is a brief overview of relative locations of specific properties SUMMARY: The FAA proposes to rule and the application. with regard to the depicted noise invites public comment on the Level of the proposed PFC: $3.00. application to impose and use the contours, or in interpreting the noise Proposed charge effective date: exposure maps to resolve questions revenue from a PFC at Miller January 1, 2002. concerning, for example, which International under the provisions of the properties should be covered by the Aviation Safety and Capacity Expansion Proposed charge expiration date: provisions of Section 107 of the Act. Act of 1990 (Title IX of the Omnibus September 1, 2004. These functions are inseparable from Budget Reconciliation Act of 1990) Total estimated PFC revenue: the ultimate land use control and (Public Law 101–508) and part 158 of $2,424,500. planning responsibilities of local the Federal Aviation Regulations (14 PFC application number: 00–02–C– government. These local responsibilities CFR Part 158). 00–MFE. are not changed in any way under Part DATE: Comments must be received on or 150 or through the FAA’s review of before March 6, 2000. Brief description of proposed project(s): noise exposure maps. Therefore, the ADDRESSES: Comments on this Projects To Impose and Use PFC’S responsibility for the detailed application may be mailed or delivered overlaying of noise exposure contours in triplicate copies to the FAA at the Improve Runway 31 Safety Area. onto the map depicting properties on following address: Mr. G. Thomas Acquire Passenger Lift Device. the surface rests exclusively with the Wade, Federal Aviation Administration, airport operator which submitted those Southwest Region, Airports Division, Acquire Aircraft Rescue and Fire maps, or with those public agencies and Planning and Programming Branch, Fighting Vehicle. planning agencies with which ASW–611, Fort Worth, Texas 76193– Construct Blast Pads for Runway 13/ consultation is required under Section 0610. 31. 103 of the Act. The FAA has relied on In addition, one copy of any Conduct Master Plan Update and the certification by the airport operator, comments submitted to the FAA must Terminal Area Study. under Section 150.21 of FAR Part 150, be mailed or delivered to Mr. Derald that the statutorily required consultation Lary of Miller International at the Passenger Facility Charge has been accomplished. following address: Mr. Derald Lary, Administrative Fees. Copies of the noise exposure maps Director of Aviation, Miller Proposed Class or Classes of Air Carriers and of the FAA’s evaluation of the maps International Airport, 2500 S. To Be Exempted From Collecting PFC’s: are available for examination at the Bicentenial Blvd., Suite 100, McAllen, following locations: TX 78503–3140. None. Air carriers and foreign air carriers Federal Aviation Administration, Great lakes Any person may inspect the may submit copies of the written Region, Airports Division Office, 2300 East application in person at the FAA office Devon Avenue, Room 269, Des Plaines, comments previously provided to the Illinois 60018 Airport under section 158.23 of part listed above under FOR FURTHER Federal Aviation Administration, Detroit 158. INFORMATION CONTACT and at the FAA Airports District Office, Willow Run regional Airports office located at: airport, East, 8820 Beck Road, Belleville, FOR FURTHER INFORMATION CONTACT: Mr. Federal Aviation Administration, Michigan 48111 G. Thomas Wade, Federal Aviation Southwest Region, Airports Division, Columbus Municipal Airport Authority, Port Administration, Southwest Region, Planning and Programming Branch, Columbus International Airport, 4600 Airports Division, Planning and 2601 Meacham Blvd., Fort Worth, Texas International Gateway, Columbus, Ohio Programming Branch, ASW–611, Fort 76137–4298. 43219 Worth, Texas 76193–0610, (817) 222– 5613. In addition, any person may, upon Questions may be directed to the The application may be reviewed in request, inspect the application, notice individual named above under the person at this same location. and other documents germane to the heading, FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: The FAA application in person at Miller CONTACT. proposes to rule and invites public International. Issued in Belleville, Michigan, on January comment on the application to impose Issued in Fort Worth, Texas on January 13, 3, 2000. and use the revenue from a PFC at 2000. James M. Opatrny, Miller International under the Naomi L. Saunders, Acting Manager, Detroit Airports District provisions of the Aviation Safety and Manager, Airports Division. Office, Great Lakes Region. Capacity Expansion Act of 1990 (Title [FR Doc. 00–2565 Filed 2–3–00; 8:45 am] IX of the Omnibus Budget [FR Doc. 00–2563 Filed 2–3–00; 8:45 am] BILLING CODE 4910±13±M Reconciliation Act of 1990) (Public Law BILLING CODE 4910±13±M VerDate 27 DEPARTMENT OF TRANSPORTATION their original approval. However, under intended that the access road be a toll § 21.611(b) of the Federal Aviation road. The proposed construction would Federal Aviation Administration Regulations, any major design change to involve a new intermodal toll road from an APU previously approved under either US 71 or US 412 on the existing TSO±C77b, Gas Turbine Auxiliary TSO–C77 or TSO–C77a would require a Federal Highway System and connect to Power Units new authorization under this TSO. The the Northwest Arkansas Regional AGENCY: Federal Aviation general layout of this document Airport, for a distance of approximately Administration, DOT. complies with the updated TSO format. eight to twelve miles (13 to 19 ACTION: Notice of availability of How To Obtain Copies kilometers). proposed Technical Standard Order and A copy of the proposed TSO–C77b The new access road is considered request for public comment. may be obtained via Internet (http:/ necessary to provide for existing and SUMMARY: This notice announces the www.faa.gov/avr/air/air100/ projected traffic demand to the airport. availability of draft Technical Standard 100home.htm) or on request from the Bridges and water crossings will be Order (TSO), C77b. This proposed TSO office listed under FOR FURTHER required, the number and location pertains to minimum performance INFORMATION CONTACT. depending upon the exact route. standards that gas turbine auxiliary Issued in Burlington, MA on January 7, Alternatives under consideration power units (APUs), commonly used in 2000. include (1) taking no action, (2) commercial aircraft, must meet in order Jay J. Pardee, improving the existing highways, and to be identified with the proposed TSO Manager, Engine and Propeller Directorate, (3) constructing a new access road at a marking. Aircraft Certification Service. new location. Several location DATES: Comments must identify the [FR Doc. 00–2564 Filed 2–3–00; 8:45 am] alternatives will be considered. TSO file number and be received on or BILLING CODE 4910±13±M Letters describing the proposed action before May 4, 2000. and soliciting comments will be sent to ADDRESSES: Send all comments on the appropriate Federal, State and local DEPARTMENT OF TRANSPORTATION proposed TSO to the Federal Aviation agencies, and to private organizations Administration, Attn: Engine and Federal Highway Administration and citizens who have previously Propeller Standards Staff, ANE–110, expressed or are known to have interest Engine and Propeller Directorate, Environmental Impact Statement: in the proposal. A formal public Aircraft Certification Service, 12 New Washington and Benton Counties, Scoping meeting will be held on March England Executive Park, Burlington, Arkansas 28, 2000, between the hours of 4:00 p.m. MA, 01803–5299. Comments must and 7:00 p.m. at the City Hall, Elm identify the TSO file number. AGENCY: Federal Highway Springs, Arkansas. A series of public FOR FURTHER INFORMATION CONTACT: Administration (FHWA), DOT. Mr. meetings will be held in the project area Mark A. Rumizen, Engine and Propeller ACTION: Notice of intent. during the course of the Study. In Standards Staff, ANE–110, Engine and SUMMARY: addition, a public hearing will be held. Propeller Directorate, Federal Aviation The FHWA is issuing this Administration, 12 New England notice to advise the public that an Public notice will be given of the time Executive Park, Burlington, MA 01803– environmental impact statement will be and place of the meetings and hearing. 5299, telephone (781) 238–7113, fax prepared for a proposed intermodal The draft EIS will be available for public (781) 238–7199. highway project in Washington and and agency review and comment prior Benton Counties, Arkansas. SUPPLEMENTARY INFORMATION: to the public hearing. FOR FURTHER INFORMATION CONTACT: To ensure that the full range of issues Comments Invited Elizabeth Romero, Environmental related to this proposed action are A copy of the draft TSO may be Specialist, Federal Highway addressed and all significant issues Administration, 3128 Federal Office obtained by contacting the person identified, comments, and suggestions Building, Little Rock, Arkansas 72201– named under FOR FURTHER INFORMATION are invited from all interested parties. CONTACT. Interested persons are invited 3298, Telephone: (501) 324–5625; or Brenda Price, Environmental Scientist, Comments or questions concerning this to comment on the proposed TSO, and proposed action and the EIS should be to submit such written data, views, or Environmental Division, Arkansas State Highway and Transportation directed to the FHWA at the address arguments as they desire. Commenters provided above. must identify the TSO file number, and Department, Post Office Box 2261, Little submit comments to the address Rock, Arkansas 72203, Telephone (501) (Catalog of Federal Domestic Assistance specified above. All communications 569–2281; or Uvalde Lindsey, Program Number 20.205, Highway Planning received on or before the closing date Northwest Arkansas Regional Airport and Construction. The regulations for comments will be considered by the Authority Staff Consultant, 100 West implementing Executive Order 12372 Engine and Propeller Directorate, Center Street, Suite 300, Fayetteville, regarding intergovernmental consultation on Aircraft Certification Service, before Arkansas 72701, Telephone (501) 582– Federal programs and activities apply to this issuance of the final TSO. 2100. program) SUPPLEMENTARY INFORMATION: The Background Issued on: January 24, 2000. FHWA, in cooperation with the Elizabeth Romero, The standards of this TSO would Arkansas Department of Transportation apply to all APUs used for any new and the Northwest Arkansas Regional Environmental Specialist,Federal Highway Administration,Little Rock, Arkansas. application submitted after the effective Airport Authority, will prepare an date of this TSO. APUs currently environmental impact statement (EIS) [FR Doc. 00–2517 Filed 2–3–00 8:45 am] approved under TSO–C77 or TSO–C77a on a proposal to construct a new BILLING CODE 4910±22±M authorization may continue to be intermodal access road to the Northwest manufactured under the provisions of Arkansas Regional Airport. It is VerDate 27 DEPARTMENT OF TRANSPORTATION D.C. 20590 (telephone: (202) 493–6133). current method of calculating damages (These telephone numbers are not toll- yields accurate but widely varying Federal Railroad Administration free.) results for accidents of approximately SUPPLEMENTARY INFORMATION: equal severity. The information Proposed Agency Information The Paperwork Reduction Act of 1995 collected will be used for a one-time six- Collection Activities; Comment month study. Participation on the part Request (PRA), Pub. L. No. 104–13, § 2, 109 Stat. 163 (1995) (codified as revised at 44 of railroads is completely voluntary. If AGENCY: Federal Railroad U.S.C. §§ 3501–3520), and its the statistical analysis from this study Administration, DOT. implementing regulations, 5 C.F.R. Part provides valid results, then FRA will ACTION: Notice. 1320, require Federal agencies to produce an Notice of Proposed provide 60-days notice to the public for Rulemaking (NPRM) to modify the SUMMARY: In accordance with the comment on information collection current reporting system. Paperwork Reduction Act of 1995 and activities before seeking approval for Form Number(s): FRA F 6180.105. its implementing regulations, the reinstatement or renewal by OMB. 44 Affected Public: Businesses. Federal Railroad Administration (FRA) U.S.C. § 3506(c)(2)(A); 5 CFR Respondent Universe: 685 railroads. Frequency of Submission: On hereby announces that it is seeking §§ 1320.8(d)(1), 1320.10(e)(1), occasion. renewal of the following currently 1320.12(a). Specifically, FRA invites approved information collection Estimated Annual Burden: 1,150 interested respondents to comment on hours. activities. Before submitting these the following summary of proposed information collection requirements for Status: Regular Review. information collection activities Pursuant to 44 U.S.C. 3507(a) and 5 clearance by the Office of Management regarding (i) whether the information and Budget (OMB), FRA is soliciting CFR §§ 1320.5(b), 1320.8(b)(3)(vi), FRA collection activities are necessary for informs all interested parties that it may public comment on specific aspects of FRA to properly execute its functions, the activities identified below. not conduct or sponsor, and a including whether the activities will respondent is not required to respond DATES: Comments must be received no have practical utility; (ii) the accuracy of later than April 4, 2000. to, a collection of information unless it FRA’s estimates of the burden of the displays a currently valid OMB control ADDRESSES: Submit written comments information collection activities, number. on any or all of the following proposed including the validity of the activities by mail to either: Mr. Robert methodology and assumptions used to Authority: 44 U.S.C. §§ 3501–3520. Brogan, Office of Safety, Planning and determine the estimates; (iii) ways for Issued in Washington, D.C. on February 1, Evaluation Division, RRS–21, Federal FRA to enhance the quality, utility, and 2000. Railroad Administration, 1120 Vermont clarity of the information being Margaret B. Reid, Ave., N.W., Mail Stop 17, Washington, collected; and (iv) ways for FRA to Acting Director, Office of Information D.C. 20590, or Ms. Dian Deal, Office of minimize the burden of information Technology and Support Systems, Federal Information Technology and collection activities on the public by Railroad Administration. Productivity Improvement, RAD–20, automated, electronic, mechanical, or [FR Doc. 00–2552 Filed 2–3–00; 8:45 am] Federal Railroad Administration, 1120 other technological collection BILLING CODE 4910±06±P Vermont Ave., N.W., Mail Stop 35, techniques or other forms of information Washington, D.C. 20590. Commenters technology (e.g., permitting electronic requesting FRA to acknowledge receipt submission of responses). See 44 U.S.C. DEPARTMENT OF TRANSPORTATION of their respective comments must § 3506(c)(2)(A)(I)–(iv); 5 CFR include a self-addressed stamped § 1320.8(d)(1)(I)–(iv). FRA believes that Federal Railroad Administration postcard stating, ‘‘Comments on OMB soliciting public comment will promote Proposed Agency Information control number 2130—New. its efforts to reduce the administrative Alternatively, comments may be Collection Activities; Comment and paperwork burdens associated with Request transmitted via facsimile to (202) 493– the collection of information mandated 6265 or (202) 493–6170, or E-mail to Mr. by Federal regulations. In summary, AGENCY: Federal Railroad Brogan at [email protected], or FRA reasons that comments received Administration, DOT. to Ms. Deal at [email protected]. will advance three objectives: (i) Reduce ACTION: Notice. Please refer to the assigned OMB control reporting burdens; (ii) ensure that it number in any correspondence organizes information collection SUMMARY: In accordance with the submitted. FRA will summarize requirements in a ‘‘user friendly’’ format Paperwork Reduction Act of 1995 and comments received in response to this to improve the use of such information; its implementing regulations, the notice in a subsequent notice and and (iii) accurately assess the resources Federal Railroad Administration (FRA) include them in its information expended to retrieve and produce hereby announces that it is seeking collection submission to OMB for information requested. See 44 U.S.C. renewal of the following currently approval. § 3501. approved information collection FOR FURTHER INFORMATION CONTACT: Mr. Below is a brief summary of proposed activities. Before submitting these Robert Brogan, Office of Planning and new information collection activities information collection requirements for Evaluation Division, RRS–21, Federal that FRA will submit for clearance by clearance by the Office of Management Railroad Administration, 1120 Vermont OMB as required under the PRA: and Budget (OMB), FRA is soliciting Ave., N.W., Mail Stop 17, Washington, Title: Rail-Equipment Accident/ public comment on specific aspects of D.C. 20590 (telephone: (202) 493–6292) Incident Cost Analysis Study. the activities identified below. or Dian Deal, Office of Information OMB Control Number: 2130—New. DATES: Comments must be received no Technology and Productivity Abstract: The collection of later than April 4, 2000. Improvement, RAD–20, Federal information proposes a new method to ADDRESSES: Submit written comments Railroad Administration, 1120 Vermont calculate dollar damages in the event of on any or all of the following proposed Ave., N.W., Mail Stop 35, Washington, a railroad accident/incident. The activities by mail to either: Mr. Robert VerDate 27 Brogan, Office of Safety, Planning and SUPPLEMENTARY INFORMATION: The by Federal regulations. In summary, Evaluation Division, RRS–21, Federal Paperwork Reduction Act of 1995 FRA reasons that comments received Railroad Administration, 1120 Vermont (PRA), Pub. L. No. 104–13, § 2, 109 Stat. will advance three objectives: (i) reduce Ave., NW, Mail Stop 17, Washington, 163 (1995) (codified as revised at 44 reporting burdens; (ii) ensure that it DC 20590, or Ms. Dian Deal, Office of U.S.C. §§ 3501–3520), and its organizes information collection Information Technology and implementing regulations,5 CFR Part requirements in a ‘‘user friendly’’ format Productivity Improvement, RAD–20, 1320, require Federal agencies to to improve the use of such information; Federal Railroad Administration, 1120 provide 60-days notice to the public for and (iii) accurately assess the resources Vermont Ave., NW, Mail Stop 35, comment on information collection expended to retrieve and produce Washington, DC 20590. Commenters activities before seeking approval for information requested. See 44 U.S.C. requesting FRA to acknowledge receipt reinstatement or renewal by OMB. 44 § 3501. of their respective comments must U.S.C. § 3506(c)(2)(A); 5 CFR Below is a brief summary of currently include a self-addressed stamped §§ 1320.8(d)(1), 1320.10(e)(1), approved information collection postcard stating, ‘‘Comments on OMB 1320.12(a). Specifically, FRA invites activities that FRA will submit for control number 2130–0500. interested respondents to comment on clearance by OMB as required under the Alternatively, comments may be the following summary of proposed PRA: transmitted via facsimile to (202) 493– information collection activities Title: Accident/Incident Reporting 6265 or (202) 493–6170, or E-mail to Mr. regarding (i) whether the information and Recordkeeping. Brogan at [email protected], or collection activities are necessary for OMB Control Number: 2130–0500. FRA to properly execute its functions, to Ms. Deal at [email protected]. Abstract: The collection of including whether the activities will Please refer to the assigned OMB control information is due to the railroad have practical utility; (ii) the accuracy of number in any correspondence accident reporting regulations set forth FRA’s estimates of the burden of the submitted. FRA will summarize in 49 CFR Part 225 which require information collection activities, comments received in response to this railroads to submit monthly reports including the validity of the notice in a subsequent notice and summarizing collisions, derailments, include them in its information methodology and assumptions used to determine the estimates; (iii) ways for and certain other accidents/incidents collection submission to OMB for involving damages above a periodically approval. FRA to enhance the quality, utility, and clarity of the information being revised dollar threshold, as well as FOR FURTHER INFORMATION CONTACT: Mr. collected; and (iv) ways for FRA to certain injuries to passengers, Robert Brogan, Office of Planning and minimize the burden of information employees, and other persons on Evaluation Division, RRS–21, Federal collection activities on the public by railroad property. Because the reporting Railroad Administration, 1120 Vermont automated, electronic, mechanical, or requirements and the information Ave., NW, Mail Stop 17, Washington, other technological collection needed regarding each category of DC 20590 (telephone: (202) 493–6292) techniques or other forms of information accident/incident are unique, a different or Dian Deal, Office of Information technology (e.g., permitting electronic form is used for each category. Technology and Productivity submission of responses). See 44 U.S.C. Form Number(s): FRA F 6180.33; 54; Improvement, RAD–20, Federal § 3506(c)(2)(A)(i)–(iv); 5 CFR 55; 55A; 56; 57; 78; 81; 97; and 98. Railroad Administration, 1120 Vermont § 1320.8(d)(1)(i)–(iv). FRA believes that Affected Public: Businesses. Ave., NW, Mail Stop 35, Washington, soliciting public comment will promote Respondent Universe: 685 railroads. DC 20590 (telephone: (202) 493–6133). its efforts to reduce the administrative Frequency of Submission: On (These telephone numbers are not toll- and paperwork burdens associated with occasion free.) the collection of information mandated Reporting Burden: Respondent uni- Total annual re- Average time per Total annual burden Total annual CFR Section verse sponses responses hours burden cost 225.21ÐRailroad Injury and Illness 685 railroads ...... 8,148 forms ...... 45 minutes ...... 6,111 hours ...... $171,108 Summary (Form FRA F 6180.55. 225.19/21ÐForm FRA 6180.55AÐCon- 685 railroads ...... 12,000 forms ...... 30 minutes ...... 6,000 hours ...... 168,000 tinuation Sheet. 225.21ÐRail Equipment Accident/Inci- 685 railroads ...... 3,000 forms ...... 3 hours ...... 9,000 hours ...... 252,000 dent ReportÐForm FRA F 6180.54. 225.19/21ÐRail-Highway Grade Cross- 685 railroads ...... 3,500 forms ...... 3 hours ...... 10,500 hours ...... 294,000 ing Accident/Incident ReportÐForm FRA F 6180.57. 225.21ÐAnnual Railroad Report of Em- 685 railroads ...... 700 forms ...... 3 hours ...... 2,100 hours ...... 58,000 ployee Hours and Casualties, By StateÐForm FRA F 6180.56. 225.9ÐTelephone Reports of Certain 685 railroads ...... 300 phone reports 15 minutes ...... 75 hours ...... 2,100 Accidents/Incidents. 225.21/25ÐRailroad Employee Injury 246 railroads ...... 30,108 forms ...... 30 minutes ...... 15,054 hours ...... 466,674 and/or Illness RecordÐForm FRA F 6180.98. ÐCopies of Forms to Employees ... 246 railroads ...... 903 form copies ..... 2 minutes ...... 30 hours ...... 840 225.25(h)ÐPosting of Monthly Sum- 685 railroads ...... 8,220 lists ...... 16 minutes ...... 2,192 hours ...... 61,376 mary. 219.209(b)ÐDoubtful Cases & Refusal 685 railroads ...... 80 reports ...... 15 minutes ...... 20 hours ...... 560 to Be Tested; Alcohol or Drug In- volvement. VerDate 27 Respondent uni- Total annual re- Average time per Total annual burden Total annual CFR Section verse sponses responses hours burden cost 225.21ÐEmployee Human Factor At- 685 railroads ...... 1,013 forms ...... 15 minutes ...... 253 hours ...... 7,084 tachmentÐForm FRA F 6180.81. 225.12/21ÐNotice to Railroad Em- 685 railroads ...... 1,013 notices ...... 30 minutes ...... 507 hurs ...... 14,196 ployee Involved in Rail Equipment Ac- cident/Incident Attributed to Employee Human FactorÐForm FRA F 6180.78 (Part I). ÐEmployee Statement Supple- 685 railroads ...... 101 statements ...... 2 hours ...... 202 hours ...... 6,262 mental Railroad Accident Re- portÐForm FRA F 6180.78 (Part II). 225.12(C)ÐRailroad Consultation in 685 railroads ...... 30 requests ...... 1 hour ...... 30 hours ...... 840 Joint Operations Accidents/Incidents. 225.12(g)(3)ÐEmployee Confidential 30 Employees ...... 30 letters ...... 2 hours ...... 60 hours ...... 1,860 Letter. 225.12ÐRailroad Review of Statement 685 railroads ...... 101 supplements/25 1.5 hours/4 hours ... 252 hours ...... 7,056 reports. 225.37ÐBatch Control FormÐFRA F 8 railroads ...... 96 forms ...... 10 minutes ...... 16 hours ...... 448 6180.99. 225.21ÐInitial Rail Equipment Accident/ 433 railroads ...... 12,095 forms ...... 30 minutes ...... 6,048 hours ...... 169,344 Incident RecordÐForm FRA F 6180.97. 225.33ÐInternal Control Plans ...... 246 railroads ...... 246 contrll plans .... Varies ...... 2,101 hours ...... 58,828 ÐIntimidation/Harrassment Poli- 433 railroads ...... 433 statements ...... 30 minutes ...... 217 hours ...... 6,076 ciesÐModel Statements. ÐSubsequent YearsÐInternal Con- 1 railroad ...... 1 control plan ...... 14 hours ...... 14 hours ...... 392 trol Plan. ÐAmendments to Internal Control 246 railroads ...... 50 amendments ..... 1 hour ...... 50 hours ...... 1,400 Plan. 225.25(h)(15)ÐWritten Request by Em- 685 railroads ...... 25 requests ...... 1 hour ...... 25 hour ...... 700 ployee Not to Post their Injury/Illness. Total Responses: 82,218. (Amtrak) petitioned the Federal provided to the FOIA requester. FRA Estimated Total Annual Burden: Railroad Administration (FRA) for expects that further extensions of the 60,857 hours. grandfathering of non-compliant comment period will not be necessary. Status: Regular Review. passenger equipment manufactured by Pursuant to 44 U.S.C. 3507(a) and 5 Comments received after February 22, Renfe Talgo of America (Talgo) for use 2000, will be considered to the extent CFR 1320.5(b), 1320.8(b)(3)(vi), FRA on rail lines between Vancouver, British informs all interested parties that it may possible. Amtrak’s petition, documents Columbia and Eugene, Oregon; between not conduct or sponsor, and a inserted in the docket, and all written Las Vegas, Nevada and Los Angeles, respondent is not required to respond communications concerning this California; and between San Diego, to, a collection of information unless it California and San Luis Obispo, proceeding are available for displays a currently valid OMB control California. Notice of receipt of such examination during regular business number. petition was published in the Federal hours (9:00 a.m. to 5:00 p.m.) at DOT Authority: 44 U.S.C. § 3501–3520. Register on November 2, 1999, at 64 FR Central Docket Management Facility, Issued in Washington, D.C. on February 1, 59230. Interested parties were invited to Room PL–401 (Plaza Level), 400 2000. comment on the petition before the end Seventh, SW, Washington, DC 20590– Margaret B. Reid, of the comment period of December 2, 0001. All documents in the public Acting Director Office of Information 1999. docket are also available for inspection Technology and Support SystemsFederal Through published notice in the and copying on the Internet at the Railroad Administration. Federal Register, FRA has extended the docket facility’s Web site at http:// [FR Doc. 00–2553 Filed 2–3–00; 8:45 am] comment period in this proceeding and dms.dot.gov. BILLING CODE 4910±06±P explained the reasons therefor. FRA Issued in Washington, D. C. on January 28, most recently extended the comment 2000. period until January 31, 2000. See 65 FR Grady C. Cothen, Jr., DEPARTMENT OF TRANSPORTATION 2223; Jan. 13, 2000. By this notice, FRA Deputy Associate Administrator for Safety Federal Railroad Administration is further extending the comment period Standards and Program Development. until February 22, 2000. This extension [Docket No. FRA±1999±6404] will allow FRA to resolve an ongoing [FR Doc. 00–2551 Filed 2–3–00; 8:45 am] Freedom of Information Act (FOIA) BILLING CODE 4910±06±P Extension of Comment Period; Petition request for information related to this for Grandfathering of Non-Compliant proceeding, see 65 FR 2223, and permit Equipment; National Railroad the requester sufficient time in which to Passenger Corporation analyze any further documents that may On October 18, 1999, the National be released by FRA. FRA will place in Railroad Passenger Corporation the docket a copy of any documents VerDate 27 DEPARTMENT OF TRANSPORTATION Board decisions and notices are Abstract: 12 CFR Part 557 relies on available on our website at the disclosure requirements applicable Surface Transportation Board ‘‘WWW.STB.DOT.GOV.’’ to savings associations under the [STB Finance Docket No. 33833 (Sub±No. Decided: January 28, 2000. Federal Reserve Board’s Regulation DD 1)] By the Board, Chairman Morgan, Vice (12 CFR Part 230). The information Chairman Burkes and Commissioner required by Regulation DD is needed by The Burlington Northern and Santa Fe Clyburn. OTS in order to supervise savings Railway CompanyÐTrackage Rights Vernon A. Williams, associations and develop regulatory ExemptionÐ Union Pacific Railroad Secretary. policy. Company Current Actions: OTS proposes to [FR Doc. 00–2566 Filed 2–3–00; 8:45 am] renew this information collection AGENCY: Surface Transportation Board. BILLING CODE 4915±00±P without revision. ACTION: Notice of exemption. Type of Review: Renewal. Affected Public: Business or For SUMMARY: The Board, under 49 U.S.C. DEPARTMENT OF THE TREASURY Profit. 10502, exempts the trackage rights Estimated Number of Respondents: described in STB Finance Docket No. Office of Thrift Supervision 1104. 33833 1 to permit the trackage rights to Estimated Time Per Respondent: expire on February 7, 2000, in Proposed Agency Information Collection Activities; Comment 1,484 hours. accordance with the agreement of the Estimated Total Annual Burden Request parties. Hours: 1,638,704 hours. DATES: This exemption is effective on ACTION: Notice and request for Request for Comments: The OTS will February 7, 2000. comments. summarize comments submitted in ADDRESSES: An original and 10 copies of response to this notice or will include all pleadings referring to STB Finance SUMMARY: The Department of the these comments in its request for OMB Docket No. 33833 (Sub-No. 1) must be Treasury, as part of its continuing effort approval. All comments will become a filed with the Office of the Secretary, to reduce paperwork and respondent matter of public record. The OTS invites Case Control Unit, Surface burden, invites the general public and comment on: (a) Whether the collection Transportation Board, 1925 K Street, other Federal agencies to comment on of information is necessary for the N.W., Washington, DC 20423–0001. In proposed and continuing information proper performance of the functions of addition, a copy of all pleadings must be collections, as required by the the agency, including whether the served on petitioners’ representatives (1) Paperwork Reduction Act of 1995, information shall have practical utility; Yolanda Grimes Brown, The Burlington Public Law 104–13. Today, the Office of (b) the accuracy of the agency’s estimate Northern and Santa Fe Railway Thrift Supervision within the of the burden of the collection of Company, 2500 Lou Menk Drive, P.O. Department of the Treasury solicits information; (c) ways to enhance the Box 961039, Fort Worth, TX 76161– comments on Deposits and Electronic quality; (d) ways to minimize the 0039, and (2) Robert Opal, Esq., Union Banking. burden of the collection of information Pacific Railroad Company, 1416 Dodge DATES: Submit written comments on or on respondents, including the use of Street, Room 830, Omaha, NE 68179. before April 4, 2000. automated collection techniques or other forms of information technology; FOR FURTHER INFORMATION CONTACT: ADDRESSES: Send comments to Manager, Joseph H. Dettmar (202) 565–1600. [TDD Dissemination Branch, Information and (e) estimates of capital or starting for the hearing impaired (202) 565– Management and Services Division, costs and costs of operation, 1695.] Office of Thrift Supervision, 1700 G maintenance, and purchase of services to provide information. SUPPLEMENTARY INFORMATION: Street, NW., Washington, DC 20552, Additional information is contained in Attention 1550–0092. Hand deliver Dated: January 31, 2000. the Board’s decision. To purchase a comments to the Public Reference John E. Werner, copy of the full decision, write to, call, Room, 1700 G Street, NW., lower level, Director, Information & Management Services ¯ ¯ or pick up in person from: Da-To-Da from 9:00 a.m. to 4:00 p.m. on business Division. Office Solutions, Suite 210, 1925 K days. Send facsimile transmissions to [FR Doc. 00–2446 Filed 2–3–00; 8:45 am] Street, N.W., Washington, DC 20006. FAX Number (202) 906–7755; or (202) BILLING CODE 6720±01±P Telephone: (202) 289–4357. [Assistance 906–6956 (if comments are over 25 for the hearing impaired is available pages). Send e-mails to through TDD services 1–800–877–8339.] ‘‘[email protected]’’, and include DEPARTMENT OF THE TREASURY your name and telephone number. Office of Thrift Supervision 1 On December 29, 1999, BNSF filed a notice of Interested persons may inspect exemption under the Board’s class exemption comments at the Public Reference procedures at 49 CFR 1180.2(d)(7). The notice Room, 1700 G St. N.W., from 9:00 a.m. Proposed Agency Information covered the agreement by Union Pacific Railroad until 4:00 p.m. on business days. Collection Activities; Comment Company (UP) to grant temporary overhead Request trackage rights to The Burlington Northern and FOR FURTHER INFORMATION CONTACT: Santa Fe Railway Company over UP’s rail line Mary Gottlieb, Regulations and ACTION: Notice and request for between Stockton, CA, in the vicinity of UP’s Legislation, Office of Thrift Supervision, milepost 82.3 (Fresno Subdivision), and Fresno, comments. CA, in the vicinity of UP’s milepost 207.0 (Fresno 1700 G Street, NW., Washington, DC Subdivision). See The Burlington Northern and 20552, (202) 906–7135. SUMMARY: The Department of the Santa Fe Railway Company—Trackage Rights SUPPLEMENTARY INFORMATION: Treasury, as part of its continuing effort Exemption—Union Pacific Railroad Company, STB Title: Deposits and Electronic to reduce paperwork and respondent Finance Docket No. 33833 (STB served Jan. 18, 2000). The trackage rights operations under the Banking. burden, invites the general public and exemption became effective and were scheduled to OMB Number: 1550–0092. other Federal agencies to comment on be consummated on January 15, 2000. Form Number: Not applicable. proposed and continuing information VerDate 27 VerDate 27 Part II The President Directive of January 31, 2000—Resolution Regarding Use of Range Facilities on Vieques, Puerto Rico (Referendum) Directive of January 31, 2000—Resolution Regarding Use of Range Facilities on Vieques, Puerto Rico (Community Assistance) VerDate 27 Federal Register Presidential Documents Vol. 65, No. 24 Friday, February 4, 2000 Title 3— Directive of January 31, 2000 The President Resolution Regarding Use of Range Facilities on Vieques, Puerto Rico (Referendum) Directive to the Secretary of Defense [and] Director, Office of Manage- ment and Budget By virtue of the authority vested in me and in order to further the interests of national security and to address the legitimate interests and concerns of the residents of Vieques and the people of Puerto Rico, I hereby direct the following: 1. The future of Navy training on Vieques will be determined by a referendum of the registered voters of Vieques, using Puerto Rico electoral laws and regulations as they exist as of the date of this directive. This referendum will occur on May 1, 2001, or 270 days prior to or following May 1, 2001, the exact date to be specified on the request of the Department of the Navy. (This specified date and the terms of the referendum must be requested at least 90 days in advance of the referendum.) It is understood that the full implementation of this directive is contingent upon the Govern- ment of Puerto Rico authorizing and supporting this referendum, and the cooperation of the Government of Puerto Rico as specified in paragraph 5(a). 2. This referendum will present two alternatives. The first shall be that the Navy will cease all training not later than May 1, 2003. The second will permit continued training, to include live fire training, on terms pro- posed by the Navy. Live fire training is critical to enhance combat readiness for all our military personnel and must occur in some location. 3. In the event the referendum selects the option of termination of Navy activities, then (a) Navy lands on the Eastern side of Vieques (including the Eastern Maneuver Area and the Live Impact Area) will be transferred within 1 year of the referendum to the General Services Administration (GSA) for disposal under the Federal Property and Administrative Services Act, except for conservation zones, which will be transferred to the Department of the Interior for contin- ued preservation. (b) The GSA will supervise restoration of the lands described in section 3(a) consistent with the Comprehensive Environmental Response, Compensa- tion, and Liability Act (CERCLA) before it is further transferred under the Federal Property and Administrative Services Act, except that the Live Impact Area will be swept for ordnance and fenced to meet the same range standards used after the closure of the live impact area used by Naval Air Station, South Weymouth, Massachusetts. The Government of Puerto Rico may re- quest transfer of the restored lands in accordance with the Federal Property and Administrative Services Act. (c) Under no conditions will the land described in this section be returned to the Department of Defense or used for military training. 4. In the event the referendum selects the option of continued training submitted by the Navy, the Office of Management and Budget will request congressional funding to further provide for the enhancement of infrastruc- ture and housing on the Western portions of Vieques in the amount of $50 million. VerDate 27 5. Between the date of this directive and the referendum, the following will occur: (a) The Department of Defense and the Government of Puerto Rico will work in cooperation with relevant Federal authorities to ensure the integrity and accessibility of the range is uninterrupted and trespassing and other intrusions on the range cease entirely by providing complementary support among Federal and Puerto Rican jurisdictions. (b) Navy training on Vieques will recommence, but it shall not exceed 90 days per calendar year and will be limited to nonexplosive ordnance, which may include spotting devices. (c) The Navy will ensure procedures are in place that will enhance safety and will position ships to reduce noise in civilian areas whenever possible. (d) Before any major training occurs on the range, the Government of Puerto Rico, through its Secretary of State, will be given 15 days notification under the terms of the Memorandum of Understanding of 1983. (e) The Office of Management and Budget will initiate a funding request to the Congress: (1) to fund a Public Health Service study in coordination with appropriate agencies to review health concerns raised by the residents of Vieques. (2) to complete the conveyance of 110 acres of Navy property to extend the runway at the Vieques Municipal Airport to accommodate larger pas- senger aircraft; and for the Navy to provide training and supplemental equip- ment to bolster the airport fire, safety, and resource capability. (3) to maintain the ecosystem and conservation zones and implement the sea turtle, sea mammal, and Brown Pelican management plans as specified in the Memorandum of Understanding of 1983. (f) Within 30 days of this directive, the Navy will submit legislation to the Congress to transfer land on the Western side of Vieques surrounding the Naval Ammunition Facility (except 100 acres of land on which the ROTHR and Mount Pirata telecommunications sites are located). The legisla- tion submitted will provide for land transfer not later than December 31, 2000. This transfer will be to the Government of Puerto Rico for the benefit of the municipality of Vieques as determined by the Planning Board of the Government of Puerto Rico. This land shall be restored consistent with CERCLA standards prior to transfer. 6. The Director of OMB shall publish this directive in the Federal Register. œ– THE WHITE HOUSE, Washington, January 31, 2000. [FR Doc. 00–2750 Filed 2–3–00; 11:22 am] Billing code 3110–01–M VerDate 27 Directive of January 31, 2000 Resolution Regarding Use of Range Facilities on Vieques, Puerto Rico (Community Assistance) Directive to the Secretary of Defense [and] Director, Office of Manage- ment and Budget By separate directive I have addressed the resumption of Navy and Marine Corps training on the island of Vieques. 1. Provided that training opportunity has resumed and is continuously avail- able on Vieques, then within 90 days of this directive, I direct the Office of Management and Budget (OMB) to request authority and funding (which with funding for projects described in paragraph 5(e) of the previously referenced directive will total $40 million) from the Congress for the fol- lowing projects: (a) To support the construction of a new commercial ferry pier and terminal by the Army Corps of Engineers. (b) To establish an artificial reef construction and fish aggregation program to create substantial new commercial fishing areas for Vieques fisherman. Until such time as these new fishing grounds are operational, this legislation will authorize direct payments of an amount (to be determined by the National Marine Fisheries Services) to be paid to registered Vieques commer- cial fishermen for each day they are unable to use existing waters because the Navy is training. (c) To support expanding or improving the major cross-island roadways and bridges on Vieques. (d) To establish an apprenticeship/training program for young people on Vieques to facilitate participation in small-scale civic construction projects. (e) To establish a program with the Government of Puerto Rico to preserve the Puerto Mosquito Vieques bioluminescent bay and to commit Federal resources to its preservation. (f) To establish a professional economic development office for Vieques for the purpose of promoting Vieques and attracting jobs to the island. 2. The Director of OMB shall publish this directive in the Federal Register. œ– THE WHITE HOUSE, Washington, January 31, 2000. [FR Doc. 00–2751 Filed 2–3–00; 11:22 am] Billing code 3110–01–M VerDate 27 Reader Aids Federal Register Vol. 65, No. 24 Friday, February 4, 2000 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY 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 129...... 4912 191...... 4912 Presidential Documents Proclamations: 18 CFR Executive orders and proclamations 523±5227 7270...... 5217 7271...... 5219 The United States Government Manual 523±5227 Proposed Rules: Administrative Orders: 382...... 5289 Directive of January Other Services 19 CFR 31, 2000 ...... 5727 Electronic and on-line services (voice) 523±4534 Directive of January 132...... 5430 Privacy Act Compilation 523±3187 31, 2000 ...... 5727 163...... 5430 Public Laws Update Service (numbers, dates, etc.) 523±6641 Presidential Determination: 21 CFR 523±5229 TTY for the deaf-and-hard-of-hearing No. 2000±10 of 876...... 4881 January 31, 2000 ...... 5407 1308...... 5024 ELECTRONIC RESEARCH 5 CFR Proposed Rules: 1310...... 4913 World Wide Web 581...... 4753 582...... 4753 24 CFR Full text of the daily Federal Register, CFR and other 1201...... 5409 206...... 5406 publications: 1208...... 5410 26 CFR http://www.access.gpo.gov/nara 7 CFR 1...... 5432 Federal Register information and research tools, including Public 1...... 5414 Inspection List, indexes, and links to GPO Access: 301...... 4865, 5221 29 CFR http://www.nara.gov/fedreg 981...... 4867 Proposed Rules: Proposed Rules: E-mail 1910...... 4795 54...... 4780 PENS (Public Law Electronic Notification Service) is an E-mail 718...... 5444 30 CFR 938...... 4882 service for notification of recently enacted Public Laws. To 12 CFR subscribe, send E-mail to 960...... 5418 34 CFR [email protected] Proposed Rules: 676...... 4886 with the text message: Ch. I ...... 4895 36 CFR subscribe PUBLAWS-L your name 611...... 5286 951...... 5447 Proposed Rules: Use [email protected] only to subscribe or unsubscribe to 997...... 5447 217...... 5462 PENS. We cannot respond to specific inquiries. 219...... 5462 14 CFR Reference questions. Send questions and comments about the 242...... 5196 Federal Register system to: 39...... 4754, 1234...... 5295 4755, 4757, 4760, 4761, 38 CFR [email protected] 4870, 5222, 5228, 5229, The Federal Register staff cannot interpret specific documents or 5235, 5238, 5241, 5243, Proposed Rules: regulations. 5419, 5421, 5422, 5425, 21...... 4914 5427, 5428 39 CFR 71 ...... 4871, 4872, 4873, 4874 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 111...... 4864 91...... 5396 93...... 5396 Proposed Rules: 4753±4864...... 1 111...... 4918 4865±5218...... 2 97 ...... 4875, 4877, 4879 5219±5406...... 3 121...... 5396 40 CFR 135...... 5396 5407±5732...... 4 52 ...... 4887, 5245, 5252, 5259, Proposed Rules: 5262, 5264, 5433 21...... 5224 300...... 5435 25...... 5024 761...... 5442 39...... 4781, Proposed Rules: 4782, 4784, 4786, 4788, 52 ...... 5296, 5297, 5298, 5462, 4790, 4792, 4793, 4897, 5463 4900, 4902, 4904, 4906, 130...... 4919 5453, 5455, 5456, 5459 300...... 5465 71...... 4910, 4911 91...... 5024 42 CFR 108...... 4912 Proposed Rules: 109...... 4912 36...... 4797 111...... 4912 121...... 4912 45 CFR 125...... 5024 1303...... 4764 VerDate 27-JAN-2000 01:22 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\04FECU.LOC pfrm08 PsN: 04FECU ii Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Reader Aids Proposed Rules: 76...... 4927 Proposed Rules: 18...... 52750 96...... 5471 95...... 4935 30...... 4940 679 .....4891, 4892, 4893, 5278, 5283, 5284, 5285, 5442 47 CFR 49 CFR 48 CFR Proposed Rules: Ch. I ...... 5267 203...... 4864 195...... 4770 17 ...... 4940, 5298, 5474 1...... 4891 209...... 4864 100...... 5196 Proposed Rules: 225...... 4864 50 CFR 622...... 5299 73 ...... 4798, 4799, 4923 249...... 4864 17...... 4770, 52680 648...... 4941, 5486 VerDate 27-JAN-2000 01:22 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\04FECU.LOC pfrm08 PsN: 04FECU Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Reader Aids iii REMINDERS exposures; published 10- COMMERCE DEPARTMENT Stratospheric ozone The items in this list were 7-99 National Oceanic and protectionÐ editorially compiled as an aid TRANSPORTATION Atmospheric Administration Essential-use allowances; to Federal Register users. DEPARTMENT Fishery conservation and allocation; comments Inclusion or exclusion from Federal Aviation management: due by 2-7-00; this list has no legal Administration Alaska; fisheries of published 1-6-00 significance. Airworthiness directives: Exclusive Economic Air quality implementation ZoneÐ plans; approval and Eurocopter Deutschland promulgation; various Pollock; comments due by RULES GOING INTO GMBH; published 1-25-00 States: Rolladen Schneider 2-8-00; published 12-10- EFFECT FEBRUARY 4, 99 Kansas; comments due by Flugzeugbau GmbH; 2-10-00; published 1-11- 2000 Atlantic highly migratory published 1-12-00 00 speciesÐ AGRICULTURE Class E airspace; published 1- Missouri; comments due by 5-00 Atlantic pelagic longline 2-11-00; published 1-12- DEPARTMENT fishermen; time/area TREASURY DEPARTMENT 00 Organization, functions, and closures; hearings and Tennessee; comments due authority delegations: Internal Revenue Service Advisory Panel by 2-7-00; published 1-7- Agency Administrators; Income taxes: meetings; comments 00 published 2-4-00 Asset transfers to Regulated due by 2-11-00; Hazardous waste: COMMODITY FUTURES Investment Companies published 12-28-99 Identification and listingÐ TRADING COMMISSION (RICs) and Real Estate Caribbean, Gulf, and South Exclusions; comments due Commodty option transactions: Investment Trusts Atlantic fisheriesÐ by 2-7-00; published (REITs); published 2-7-00 Gulf of Mexico reef fish; Enumerated agricultural 12-9-99 Qualified retirement plans; comments due by 2-10- commodities; off-exchange Pesticides; tolerances in food, trade options; published remedial amendment 00; published 1-26-00 period; published 2-4-00¶ animal feeds, and raw 12-6-99 West Coast States and agricultural commodities: Western Pacific ENVIRONMENTAL Tebufenozide; comments fisheriesÐ PROTECTION AGENCY RULES GOING INTO due by 2-7-00; published Air quality implementation EFFECT FEBRUARY 6, Western Pacific Region 12-8-99 pelagic; comments due plans; approval and 2000 Solid wastes: promulgation; various by 2-10-00; published 12-27-99 Municipal solid waste landfill States: POSTAL SERVICE permit programs; Marine mammals: Montana; published 12-6-99 Domestic Mail Manual: adequacy Incidental takingÐ Utah; published 12-6-99 Experimental nonletter-size determinationsÐ FEDERAL business reply mail San Francisco-Oakland Kansas, Missouri, and COMMUNICATIONS categories and fees; Bay Bridge, CA; pile Nebraska; comments COMMISSION termination; published 1- installation due by 2-11-00; Organization, functions, and 28-00 demonstration project; published 1-12-00 authority delegations: comments due by 2-7- Kansas, Missouri, and 00; published 1-7-00 Nebraska; comments Wireless COMMENTS DUE NEXT COMMODITY FUTURES due by 2-11-00; Telecommunications WEEK Bureau Chief; published TRADING COMMISSION published 1-12-00 1-5-00 Commodity pool operators and Superfund program: AGRICULTURE commodity trading advisors: National oil and hazardous FEDERAL HOUSING DEPARTMENT FINANCE BOARD Advisors that provide advice substances contingency Agricultural Marketing by means of various planÐ Affordable housing program Service operation: media; registration National priorities list Avocados grown inÐ exemption; comments due update; comments due Reporting and recordkeeping by 2-7-00; published 12-7- by 2-7-00; published 1- requirements; published 2- Florida; comments due by 99 7-00 4-00 2-11-00; published 12-13- 99 EDUCATION DEPARTMENT National priorities list MERIT SYSTEMS Melons grown inÐ Postsecondary education: update; comments due PROTECTION BOARD by 2-7-00; published 1- Texas; comments due by 2- Practice and procedure: Gaining Early Awareness 7-00 9-00; published 1-10-00 and Readiness for Uniformed services Toxic chemical release Raisins produced from grapes Undergraduate Programs employment and reporting; community right- grown inÐ (GEAR UP); comments reemployment rights and to-knowÐ due by 2-10-00; published veterans employment California; comments due by 2-7-00 Phosphoric acid; opportunities; appeals; 2-8-00; published 12-10- comments due by 2-7- published 2-4-00 99 ENERGY DEPARTMENT 00; published 12-7-99 Uniformed services COMMERCE DEPARTMENT Energy Efficiency and FEDERAL employment and International Trade Renewable Energy Office COMMUNICATIONS reemployment rights and Administration Consumer products; energy COMMISSION veterans employment Watches, watch movements, conservation program: Radio stations; table of opportunities; appeals; and jewelry: Central air conditioners and assignments: cross-reference; published Duty-exemption allocationsÐ heat pumps; energy Illinois; comments due by 2- 2-4-00 conservation standards; Virgin Islands, Guam, 7-00; published 1-21-00 comments due by 2-7-00; NUCLEAR REGULATORY American Samoa, and Kansas; comments due by published 11-24-99 COMMISSION Northern Mariana 2-7-00; published 1-21-00 Radiation protection standards: Islands; comments due ENVIRONMENTAL Michigan; comments due by Respiratory protection and by 2-7-00; published 1- PROTECTION AGENCY 2-7-00; published 12-30- controls to restrict internal 6-00 Air programs: 99 VerDate 27-JAN-2000 01:22 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\04FECU.LOC pfrm08 PsN: 04FECU iv Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Reader Aids New York; comments due INTERIOR DEPARTMENT Circumvention of copyright McDonnell Douglas; by 2-7-00; published 1-4- Fish and Wildlife Service protection systems for comments due by 2-7-00; 00 Endangered and threatened access control published 12-22-99 Texas; comments due by 2- species: technologies; exemption to MD Helicopters Inc.; 7-00; published 12-30-99 Alabama sturgeon; prohibition; comments due comments due by 2-7-00; comments due by 2-10- by 2-10-00; published 11- Satellite Home Viiewer Act; published 12-8-99 network nonduplication, 00; published 1-11-00 24-99 syndicated exclusivity and INTERIOR DEPARTMENT MERIT SYSTEMS Pratt & Whitney; comments sports blackout rules to Watches, watch movements, PROTECTION BOARD due by 2-7-00; published satellite retransmissions; and jewelry: Practice and procedure: 12-8-99 comments due by 2-7-00; Duty-exemption allocationsÐ Attorney fees; Turbomeca; comments due published 2-2-00 Virgin Islands, Guam, reimbursement; comments by 2-7-00; published 12-8- Television broadcasting: American Samoa, and due by 2-7-00; published 99 Class A television service; Northern Mariana 12-23-99 establishment; comments Islands; comments due Airworthiness standards: RAILROAD RETIREMENT due by 2-10-00; published by 2-7-00; published 1- BOARD Special conditionsÐ 1-20-00 6-00 Railroad Retirement Act: Two way transmissions; INTERIOR DEPARTMENT Ayres Corp. Model LM- mutlipoint distribution Minerals Management Family relationships; 200 Loadmaster service and instructional Service inheritance rights; airplane; comments due television fixed service Outer Continental Shelf comments due by 2-7-00; by 2-11-00; published licenses participation; operations: published 12-8-99 1-12-00 comments due by 2-10- Minerals prospecting; SMALL BUSINESS Class E airspace; comments 00; published 1-26-00 comments due by 2-7-00; ADMINISTRATION due by 2-8-00; published HEALTH AND HUMAN published 12-8-99 Business loans: 12-29-99 SERVICES DEPARTMENT JUSTICE DEPARTMENT Liquidation of collateral and Food and Drug Immigration and sale of disaster assistance TREASURY DEPARTMENT Naturalization Service Administration loans; comments due by Balanced Budget Act of 1997; Human drugs and biological Immigration: 2-9-00; published 1-10-00 implementation: Extension of distance products: TRANSPORTATION Mexican nationals may District of Columbia Postmarketing studies; DEPARTMENT status reports; comments travel into U.S. without retirement plans; Federal obtaining additional Federal Aviation benefit payments; due by 2-9-00; published Administration 12-1-99 immigration documentation comments due by 2-11- at selected Arizona ports- Airworthiness directives: 00; published 12-13-99 HEALTH AND HUMAN of-entry; comments due Airbus; comments due by 2- SERVICES DEPARTMENT by 2-7-00; published 12-8- 7-00; published 1-6-00 Fellowships, internships, 99 Bell; comments due by 2-7- training: LIST OF PUBLIC LAWS Organization, functions, and 00; published 12-8-99 National Institutes of Health authority delegations: Boeing; comments due by Contraception and Note: The List of Public Laws Los Angeles and San 2-7-00; published 12-8-99 Infertility Research Loan Francisco Asylum Offices, for the first session of the Repayment Program; CA; jurisdictional change; Bombardier; comments due 106th Congress has been comments due by 2-8-00; comments due by 2-7-00; by 2-11-00; published 1- completed and will resume published 12-10-99 published 12-8-99 12-00 when bills are enacted into HEALTH AND HUMAN JUSTICE DEPARTMENT British Aerospace; law during the second session SERVICES DEPARTMENT Organization, functions, and comments due by 2-9-00; of the 106th Congress, which Inspector General Office, authority delegations: published 1-6-00 convenes on January 24, Health and Human Services United States Marshals Eurocopter Deutschland 2000. Department Service; fees for services; GMBH; comments due by Medicare and State health comments due by 2-7-00; 2-8-00; published 12-10- A Cumulative List of Public care programs: published 12-7-99 99 Laws for the first session of the 106th Congress will be LIBRARY OF CONGRESS Eurocopter France; Safe harbor provisions and published in the Federal Copyright Office, Library of comments due by 2-8-00; special fraud alerts; intent Register on December 30, Congress published 12-10-99 to develop regulations; 1999. comments due by 2-8-00; Digital Millennium Copyright Fokker; comments due by published 12-10-99 Act: 2-7-00; published 1-6-00 Last List December 21, 1999 VerDate 27-JAN-2000 01:22 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\04FECU.LOC pfrm08 PsN: 04FECU