Pages 48701±48932 Vol. 64 9±8±99 eDt 8JN9 70 e 7 99Jt134 O000Fm001Ft41 ft41 :F\M0SW.X fm1PsN:08SEWS pfrm01 E:\FR\FM\08SEWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 17:09Sep07, 1999 VerDate 18-JUN-99 No. 173 federal register September 8,1999 Wednesday 1 II Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public Paper or fiche 523–5243 interest. Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.

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Contents Federal Register Vol. 64, No. 173

Wednesday, September 8, 1999

Agriculture Department Defense Department See Forest Service See Air Force Department NOTICES See Army Department Meetings: NOTICES 21st Century Production Agriculture Commission, 48759 Meetings: Defense Intelligence Agency Science and Technology Air Force Department Advisory Board; correction, 48897 NOTICES Meetings: Education Department Scientific Advisory Board, 48809–48810 NOTICES Meetings: Army Department National Commission on Mathematics and Science NOTICES Teaching for 21st Century; correction, 48897 Environmental statements; availability, etc.: Base realignment and closure— Energy Department Fort Greely, AK, 48810 See Federal Energy Regulatory Commission See Western Area Power Administration Centers for Disease Control and Prevention NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities: Los Alamos National Laboratory, NM— Proposed collection; comment request, 48840–48841 Parallex Project; limited mixed oxide fuel manufacture Meetings: and shipment to U.S.-Canada border, 48810–48813 Clinical Laboratory Improvement Advisory Committee; Natural gas exportation and importation: correction, 48841 Milford Power Co., LLC, 48813

Chemical Safety and Hazard Investigation Board Environmental Protection Agency NOTICES RULES Meetings; Sunshine Act, 48759 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Maryland, 48714–48718 Civil Rights Commission PROPOSED RULES NOTICES Air programs; approval and promulgation; State plans for Meetings; Sunshine Act, 48759 designated facilities and pollutants: Maryland, 48742 Commerce Department Air quality implementation plans; approval and See International Trade Administration promulgation; various States: See National Oceanic and Atmospheric Administration California, 48739–48741 See Patent and Trademark Office Source-specific plans— NOTICES Navajo Nation, AZ, 48725–48739 Agency information collection activities: Hazardous waste: Submission for OMB review; comment request, 48759– Identification and listing— 48760 Dye and pigment industries, 48742–48743 NOTICES Committee for the Implementation of Textile Agreements Committees; establishment, renewal, termination, etc.: NOTICES Industrial Non-Hazardous Waste Policy Dialogue Cotton, wool, and man-made textiles: Committee, 48827–48828 Pakistan, 48808 Meetings: Philippines, 48808–48809 Microbial and Disinfectants/Disinfection Byproducts Textile and apparel categories: Advisory Committee, 48828 Illegal transshipment; entry denial Urban Wet Weather Flows Advisory Committee et al., Reconsideration, 48809 48828 Pesticide, food, and feed additive petitions: Consumer Product Safety Commission FMC Corp., 48829–48836 RULES Pesticide registration, cancellation, etc.: Flammable Fabrics Act: S.C. Johnson & Sons, 48828–48829 Children’s sleepwear (sizes 0-6X and 7-14); flammability Superfund; response and remedial actions, proposed standards— settlements, etc.: Snug-fitting sleepwear; label and hangtag requirements; University of Florida Pentaborane Site, FL, 48836 correction, 48704–48706 Practice and procedure: Executive Office of the President Rulemaking petition procedures; correction, 48703–48704 See Presidential Documents

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Federal Aviation Administration Federal Transit Administration RULES NOTICES Class E airspace, 48703 Environmental statements; notice of intent: Class E airspace; correction, 48897 Seattle, WA; Atlantic/Central Bus Base expansion project, PROPOSED RULES 48890–48892 Airworthiness directives: AlliedSignal Inc., 48723–48725 Fish and Wildlife Service General Electric Co., 48721–48723 PROPOSED RULES NOTICES Endangered and threatened species: Advisory circulars; availability, etc. Vicuna populations in South America, 48743–48757 Aircraft— Systems and equipment guide for certification of normal, utility, acrobatic, and commuter category Food and Drug Administration airplanes, 48889 RULES Animal drugs, feeds, and related products: New drug applications— Federal Communications Commission Selamectin, 48707 NOTICES NOTICES Agency information collection activities: Food for human consumption: Proposed collection; comment request, 48836–48837 Food labeling— Submission for OMB review; comment request, 48837– Health claims and label statements; scientific data and 48838 information request, 48841–48842 Reports and guidance documents; availability, etc.: Federal Deposit Insurance Corporation Bioequivalence establishment; average, population, and PROPOSED RULES individual approaches; industry guidance, 48842– Assessments: 48843 Risk classifications; capital component; reporting date Medical devices— change, 48719–48721 Labeling for laboratory tests, 48843–48844

Federal Emergency Management Agency Forest Service NOTICES NOTICES Disaster and emergency areas: Meetings: Minnesota, 48838–48839 Southwest Oregon Province Interagency Executive Committee Advisory Committee, 48759 Federal Energy Regulatory Commission NOTICES General Services Administration Electric rate and corporate regulation filings: RULES CNG Power Services Corp. et al., 48815–48816 Acquisition regulations: CU Power Ltd. et al., 48816–48818 Revision Northern States Power Co. et al., 48818–48819 Correction, 48718 Puget Sound Energy, Inc., et al., 48820–48823 NOTICES Environmental statements; availability, etc.: Acquisition regulations: Langan, Morgan J., 48823 Caution personnel record-restricted usage (SF 66B); Tapoco, Inc., 48823–48824 cancellation, 48840 Remote Public Access System and Records Information Employee request for pay allotment for credit to savings Management System-Remote Public Access System; account with financial organization (SF 1198); elimination, 48824–48825 stocking change, 48840 Applications, hearings, determinations, etc.: Central New York Oil & Gas Co., LLC, 48813–48814 Geological Survey Kansas Pipeline Co., 48814 NOTICES Union Light, Heat & Power Co., 48814–48815 Grants and cooperative agreements; availability, etc.: State Partnership Program, 48847–48848 Federal Highway Administration NOTICES Health and Human Services Department Environmental statements; notice of intent: See Centers for Disease Control and Prevention Skagit County, WA, 48889–48890 See Food and Drug Administration See Health Care Financing Administration Federal Mine Safety and Health Review Commission See Health Resources and Services Administration RULES See Inspector General Office, Health and Human Services Procedural rules, 48707–48714 Department

Federal Reserve System Health Care Financing Administration NOTICES See Inspector General Office, Health and Human Services Banks and bank holding companies: Department Change in bank control, 48839 NOTICES Formations, acquisitions, and mergers, 48839–48840 Agency information collection activities: Meetings; Sunshine Act, 48840 Proposed collection; comment request, 48844

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Health Resources and Services Administration Justice Programs Office NOTICES NOTICES Meetings: Agency information collection activities: Health Professions and Nurse Education Special Submission for OMB review; comment request, 48852 Emphasis Panels, 48844–48846 Land Management Bureau Inspector General Office, Health and Human Services PROPOSED RULES Department Minerals management: NOTICES Mining claims or sites; location, recording, and Reports and guidance documents; availability, etc.: maintenance; reporting and recordkeeping Individual physicians and small group practices; requirements compliance program guidance; information and Correction, 48897 recommendations, 48846–48847 NOTICES Agency information collection activities: Interior Department Submission for OMB review; comment request, 48848 See Fish and Wildlife Service Closure of public lands: See Geological Survey Nevada, 48848–48849 See Land Management Bureau Oil and gas leases: Utah, 48849 Internal Revenue Service Public land orders: NOTICES Alaska, 48849–48850 Health Insurance Portability and Accountability Act of Realty actions; sales, leases, etc.: 1996; implementation: Colorado, 48850 Expatriation; individuals losing United States citizenship; quarterly list, 48894–48896 Medicare Payment Advisory Commission NOTICES International Trade Administration Meetings, 48852 RULES Antidumping and countervailing duties: Mine Safety and Health Federal Review Commission Preliminary critical circumstances findings, 48706–48707 See Federal Mine Safety and Health Review Commission NOTICES Antidumping: Brass sheet and strip from— National Capital Planning Commission Netherlands, 48760–48767 NOTICES Cold-rolled and corrosion-resistant carbon steel flat Meetings: products from— Memorials in Nation’s Capital; joint task force discussion Korea, 48767–48775 on new policies, 48852–48855 Cold-rolled carbon steel flat products from— Netherlands, 48775–48778 National Highway Traffic Safety Administration Gray portland cement and clinker from— NOTICES Mexico, 48778–48783 Motor vehicle safety standards; exemption petitions, etc.: Oil country tubular goods from— Mercedes-Benz U.S.A., Inc., 48892–48894 Korea, 48783–48788 Sulfanilic acid from— China, 48788–48793 National Oceanic and Atmospheric Administration Titanium sponge from— PROPOSED RULES Kazakhstan, 48793–48796 Fishery conservation and management: Antidumping and countervailing duties: Northeastern United States fisheries— Administrative review requests; correction, 48897 New England Fishery Management Council; meetings, Countervailing duties: 48757–48758 Cut-to-length carbon steel plate from— NOTICES Mexico, 48796–48805 Meetings: Pure and alloy magnesium from— Gulf of Mexico Fishery Management Council, 48807 Canada, 48805–48807 North Pacific Fishery Management Council, 48807 Western Pacific Fishery Management Council, 48807– 48808 International Trade Commission NOTICES Import investigations: National Transportation Safety Board Compact multipurpose tools, 48850–48851 NOTICES Petroleum wax candles from— Train accidents; hearings, etc.: China, 48851 Collision and derailment of Amtrak Train No. 59 with U.S. merchandise trade shifts in selected industries/ tractor semi-trailer truck near Bourbonnais, IL, 48856 commodity areas, 48851–48852 National Women's Business Council Justice Department NOTICES See Justice Programs Office Meetings; Sunshine Act, 48856

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Nuclear Regulatory Commission Chicago Board Options Exchange, Inc., 48888–48889 NOTICES Applications, hearings, determinations, etc.: Meetings: Public utility holding company filings, 48878–48882 Decommissioning standard review plan; workshop, 48857–48858 State Department Meetings; Sunshine Act, 48858 NOTICES Operating licenses, amendments; no significant hazards Meetings: considerations; biweekly notices, 48858–48875 Shipping Coordinating Committee, 48889 Applications, hearings, determinations, etc.: Commonwealth Edison Co., 48856–48857 Textile Agreements Implementation Committee Tennessee Valley Authority, 48857 See Committee for the Implementation of Textile Agreements Patent and Trademark Office RULES Transportation Department Trademark Law Treaty Implementation Act; See Federal Aviation Administration implementation, 48899–48928 See Federal Highway Administration See Federal Transit Administration Postal Rate Commission See National Highway Traffic Safety Administration NOTICES Privacy Act: Treasury Department Systems of records, 48875–48878 See Internal Revenue Service

Presidential Documents Western Area Power Administration PROCLAMATIONS NOTICES Maritime activities; contiguous zone of the U.S. (Proc. Salt Lake City Area Integrated Projects; power allocation 7219), 48701–48702 procedures and call for applications; post-2004 EXECUTIVE ORDERS resource pool, 48825–48827 Committees; establishment, renewal, termination, etc.: Women in American History, President’s Commission on the Celebration of; amendment (EO 13136), 48929– 48931 Separate Parts In This Issue

Public Health Service Part II See Centers for Disease Control and Prevention Department of Commerce, Patent and Trademark Office, See Food and Drug Administration 48899–48928 See Health Resources and Services Administration Part III Securities and Exchange Commission The President, 48929–48931 NOTICES Agency information collection activities: Proposed collection; comment request, 48878 Reader Aids Self-regulatory organizations; proposed rule changes: Consult the Reader Aids section at the end of this issue for American Stock Exchange LLC, 48882–48885 phone numbers, online resources, finding aids, reminders, Boston Stock Exchange, Inc., 48885–48887 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 Proclamations: 7219...... 48701 Executive orders: 13090 (Amended by EO 13136)...... 48929 13136...... 48929 12 CFR Proposed Rules: 327...... 48719 14 CFR 71 (2 documents) ...... 48703, 48897 Proposed Rules: 39 (2 documents) ...... 48721, 48723 16 CFR 1051...... 48703 1615...... 48704 1616...... 48704 19 CFR 351...... 48706 21 CFR 524...... 48707 29 CFR 2700...... 48707 37 CFR 1...... 48900 2...... 48900 3...... 48900 6...... 48900 40 CFR 62...... 48714 Proposed Rules: 49 (2 documents) ...... 48725, 48731 52 (3 documents) ...... 48725, 48731, 48739 62...... 48742 148...... 48742 261...... 48742 268...... 48742 271...... 48742 302...... 48742 43 CFR Proposed Rules: 3830...... 48897 48 CFR 552...... 48718 553...... 48718 570...... 48718 50 CFR Proposed Rules: 17...... 48743 648...... 48757

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Federal Register Presidential Documents Vol. 64, No. 173

Wednesday, August 8, 1999

Title 3— Proclamation 7219 of August 2, 1999

The President Contiguous Zone of the United States

By the President of the United States of America

A Proclamation International law recognizes that coastal nations may establish zones contig- uous to their territorial seas, known as contiguous zones. The contiguous zone of the United States is a zone contiguous to the territorial sea of the United States, in which the United States may exercise the control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea, and to punish infringement of the above laws and regulations committed within its territory or territorial sea. Extension of the contiguous zone of the United States to the limits permitted by international law will advance the law enforcement and public health interests of the United States. Moreover, this extension is an important step in preventing the removal of cultural heritage found within 24 nautical miles of the baseline. NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in me as President by the Constitution of the United States, and in accordance with international law, do hereby proclaim the extension of the contiguous zone of the United States of America, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty, as follows: The contiguous zone of the United States extends to 24 nautical miles from the baselines of the United States determined in accordance with international law, but in no case within the territorial sea of another nation. In accordance with international law, reflected in the applicable provisions of the 1982 Convention on the Law of the Sea, within the contiguous zone of the United States the ships and aircraft of all countries enjoy the high seas freedoms of navigation and overflight and the laying of sub- marine cables and pipelines, and other internationally lawful uses of the sea related to those freedoms, such as those associated with the operation of ships, aircraft, and submarine cables and pipelines, and compatible with the other provisions of international law reflected in the 1982 Convention on the Law of the Sea. Nothing in this proclamation: (a) amends existing Federal or State law; (b) amends or otherwise alters the rights and duties of the United States or other nations in the Exclusive Economic Zone of the United States established by Proclamation 5030 of March 10, 1983; or (c) impairs the determination, in accordance with international law, of any maritime boundary of the United States with a foreign jurisdiction.

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IN WITNESS WHEREOF, I have hereunto set my hand this second day of September, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–

[FR Doc. 99–23460 Filed 9–7–99; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 64, No. 173

Wednesday, September 8, 1999

This section of the FEDERAL REGISTER parties were invited to participate in PART 71ÐDESIGNATION OF CLASS A, contains regulatory documents having general this rulemaking proceeding by CLASS B, CLASS C, CLASS D, AND applicability and legal effect, most of which submitting written comments on the CLASS E AIRSPACE AREAS; are keyed to and codified in the Code of proposal to the FAA. No comments AIRWAYS; ROUTES; AND REPORTING Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. objecting to the proposal were received. POINTS Class E airspace designations for 1. The authority citation for part 71 The Code of Federal Regulations is sold by airspace areas extending upward from continues to read as follows: the Superintendent of Documents. Prices of 700 feet or more above the surface of the new books are listed in the first FEDERAL earth are published in paragraph 6005 of Authority: 49 U.S.C. 106(g), 40103, 40113, REGISTER issue of each week. 40120; E.O. 10854, 24 FR 95665, 3 CFR, FAA Order 7400.9F dated September 1959–1963 Comp., p. 389. 10, 1998, and effective September 16, § 71.1 [Amended] DEPARTMENT OF TRANSPORTATION 1998, which is incorporated by reference in 14 CFR 71.1. The Class E 2. The incorporation by reference in Federal Aviation Administration airspace designation listed in this 14 CFR 71.1 of the Federal Aviation document will be published Administration Order 7400.9F, Airspace 14 CFR Part 71 subsequently in the Order. Designations and Reporting Points, dated September 10, 1998, and effective [Airspace Docket No. 99–AGL–37] The Rule September 16, 1998, is amended as follows: Modification of Class E Airspace; This amendment to 14 CFR part 71 Delaware, OH modifies Class E airspace at Delaware, * * * * * AGENCY: Federal Aviation OH, to accommodate aircraft executing Paragraph 6005 Class E airspace areas Administration (FAA), DOT. the proposed GPS Rwy 10 SIAP, GPS extending upward from 700 feet or more above the surface of the earth. ACTION: Final rule. Rwy 28 SIAP, and VOR Rwy 28 SIAP, at Delaware Municipal Airport by * * * * * SUMMARY: This notice modifies Class E modifying the existing controlled AGL OH E5 Delaware, OH [Revised] airspace at Delaware, OH. A Global airspace. The area will be depicted on Delaware Municipal Airport, OH Positioning System (GPS) Standard appropriate aeronautical charts. (lat. 40° 16′ 47′′N., long. 83° 06′ 53′′W) Instrument Approach Procedure (SIAP) The FAA has determined that this Delaware NDB to Runway (Rwy) 10, a GPS SIAP to (lat. 40° 16′ 41′′N., long. 83° 06′ 33′′W) Rwy 28, and a VHF Omnidirectional regulation only involves an established body of technical regulations for which That airspace extending upward from 700 Range (VOR) SIAP to Rwy 28, have been feet above the surface within a 6.5-mile developed for Delaware Municipal frequent and routine amendments are radius of Delaware Municipal Airport and Airport. Controlled airspace extending necessary to keep them operationally within 2.6 miles either side of 286° bearing upward from 700 to 1200 feet above current. Therefore, this regulation—(1) from the Delaware NDB extending from the ground level (AGL) is needed to contain is not a ‘‘significant action’’ under NDB to 8.3 miles northwest of the NDB. aircraft executing the approaches. This Executive Order 12866; (2) is not a * * * * * action increases the radius of the ‘‘significant rule’’ under DOT Issued in Des Plaines, Illinois on August existing controlled airspace for this Regulatory Policies and Procedures (44 23, 1999. airport. FR 11034; February 26, 1979); and (3) Christopher R. Blum, EFFECTIVE DATE: 0901 UTC, December does not warrant preparation of a Manager, Air Traffic Division. 30, 1999. Regulatory Evaluation as the anticipated [FR Doc. 99–23293 Filed 9–7–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: impact is so minimal. Since this is a BILLING CODE 4910±13±M Annette Davis, Air Traffic Division, routine matter that will only affect air Airspace Branch, AGL–520, Federal traffic procedures and air navigation, it Aviation Administration, 2300 East is certified that this rule will not have CONSUMER PRODUCT SAFETY Devon Avenue, Des Plaines, Illinois a significant economic impact on a COMMISSION 60018, telephone (847) 294–7568. substantial number of small entities 16 CFR Part 1051 SUPPLEMENTARY INFORMATION: under the criteria of the Regulatory History Flexibility Act. Procedure for Petitioning for On Tuesday, June 22, 1999, the FAA List of Subjects in 14 CFR part 71 Rulemaking; Correction proposed to amend 14 CFR part 71 to AGENCY: Consumer Product Safety Airspace, Incorporation by reference, modify Class E airspace at Delaware, OH Commission. Navigation (air). (64 FR 33234). The proposal was to add ACTION: Correcting amendments. controlled airspace extending upward Adoptiion of the Amendment from 700 to 1200 feet AGL to contain SUMMARY: The Commission is amending Instrument Flight Rules (IFR) operations In consideration of the foregoing, the its procedures for filing petitions to in controlled airspace during portions of Federal Aviation Administration correct two references to sections that the terminal operation and while amends 14 CFR part 71 as follows: no longer exist. transiting between the enroute and DATES: The corrections become effective terminal environments. Interested on September 8, 1999.

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FOR FURTHER INFORMATION CONTACT: Dated: September 1, 1999. sleepwear bear a label and hangtag Patricia M. Pollitzer, Office of General Sadye E. Dunn, informing consumers why the garments Counsel, Consumer Product Safety Secretary, Consumer Product Safety should fit snugly. Sleepwear sold in Commission, Washington, D.C. 20207; Commission. packages must have a label similar to telephone (301) 504–0980, extension [FR Doc. 99–23230 Filed 9–7–99; 8:45 am] the hangtag. Illustrations printed in the 2219. BILLING CODE 6355±01±P Federal Register with the requirements did not show the correct scale and font SUPPLEMENTARY INFORMATION: This of these labels. This document shows document corrects two references in the CONSUMER PRODUCT SAFETY accurate illustrations. Commission’s petition procedures. COMMISSION The requirements called for the Section 1051.1 explains the scope of the hangtag and package labels to be in petition procedures. Subsection 16 CFR Parts 1615 and 1616 Arial font. To allow more flexibility and 1051.1(c), discussing petitions under the Standard for the Flammability of to conform to the ANSI Standard Federal Hazardous Substances Act, Children's Sleepwear: Sizes 0 Through Z535.4–1998 for Product Safety Signs refers to 16 CFR 1500.201 and 21 CFR 6X; Standard for the Flammability of and Labels, the corrected requirements 2.65. Neither of these references apply Children's Sleepwear: Sizes 7 Through will allow either Arial or Helvetica font. now. 16 CFR 1500.201 merely restated 14; Correction These two fonts are nearly identical in certain statutory provisions and was appearance, but some computers or withdrawn on March 6, 1991 (56 FR AGENCY: Consumer Product Safety printing systems may have only one 9276). 21 CFR 2.65 was replaced in 1979 Commission. type. with rules that apply only to the Food ACTION: Correcting amendments. These corrections will become and Drug Administration (44 FR 22323). effective on the same date as the original SUMMARY: The Commission recently labeling requirements, June 28, 2000. Therefore, the Commission is issued labeling requirements for tight- eliminating these references. Because fitting children’s sleepwear. Examples List of Subjects in 16 CFR Parts 1615 these are technical corrections that do of the labels printed with the and 1616 not make a substantive change, notice requirements did not conform Clothing, Consumer protection, and comment is unnecessary. 5 U.S.C. completely to the requirements. This Flammable materials, Infants and 553(b). Nor is there any need to delay document provides correct illustrations children, Labeling, Reporting and the effective date. 5 U.S.C. 553(d). of the labels. Also, the requirements recordkeeping requirements, Sleepwear, specified Arial font for hangtags and List of Subjects in 16 CFR Part 1051 Textiles, Warranties. package labels. To conform to ANSI guidelines referenced in the labeling Accordingly, 16 CFR parts 1615 and Administrative practice and 1616 are corrected by making the procedure, Consumer protection. rule and to allow greater flexibility, the Commission will allow either Arial or following correcting amendments: Accordingly, 16 CFR part 1051 is Helvetica font. PART 1615ÐSTANDARD FOR THE corrected by making the following DATES: The corrections become effective FLAMMABILITY OF CHILDREN'S correcting amendments: on June 28, 2000. SLEEPWEAR: SIZES 0 THROUGH 6X FOR FURTHER INFORMATION CONTACT: PART 1051ÐPROCEDURE FOR Marilyn Borsari, Office of Compliance, 1. The authority citation for part 1615 PETITIONING FOR RULEMAKING Consumer Product Safety Commission, continues to read as follows: Washington, DC 20207; telephone (301) Authority: Sec. 4, 67 Stat. 112, as 1. The authority citation for Part 1051 504–0400, extension 1370. amended, 81 Stat. 569–570; 15 U.S.C. 1193. continues to read as follows: SUPPLEMENTARY INFORMATION: On June 2. In § 1615.1(o)(10)(i) and (ii) after Authority: 5 U.S.C. 553(e), 5 U.S.C. 555(e). 28, 1999, the Commission issued the word ‘‘Arial’’ add ‘‘/Helvetica’’. labeling requirements amending the 3. In § 1615.1(o)(10)(i) remove the 2. In § 1051.1(c), first sentence, flammability standards for children’s illustration at the end of the text and remove the comma and the words ‘‘16 sleepwear. 64 FR 34533. The add the following illustration in its CFR 1500.201, and 21 CFR 2.65’’. Commission required that tight-fitting place:

4. In § 1615.1(o)(10)(ii) remove the illustration at the end of the text and add the following illustration in its place:

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5. In § 1615.1(o)(11) remove the illustration at the end of the text and add the following illustration in its place, including the caption:

PART 1616ÐSTANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 7 THROUGH 14 1. The authority citation for part 1616 continues to read as follows: Authority: Sec. 4, 67 Stat. 112, as amended, 81 Stat. 569–570; 15 U.S.C. 1193. 2. In § 1616.2(m)(10)(i) and (ii) after the word ‘‘Arial’’ add ‘‘/Helvetica’’. 3. In § 1616.2(m)(10)(i) remove the illustration at the end of the text and add the following illustration in its place:

4. In § 1616.2(m)(10)(ii) remove the illustration at the end of the text and add the following illustration in its place:

5. In § 1616.2(m)(11) remove the illustration at the end of the text and add the following illustration in its place, including the caption:

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Dated: September 1, 1999. circumstances’’ provisions to ensure preceding the petition. If imports Sadye E. Dunn, that the statutory remedies for unfair increased by at least 15 percent in the Secretary, Consumer Product Safety trade practices are not undermined by post-petition period, the Department Commission. massive imports of dumped or deems such a surge to constitute [FR Doc. 99–23231 Filed 9–7–99; 8:45 am] subsidized merchandise following the ‘‘massive imports over a relatively short BILLING CODE 6355±01±M filing of a petition. Normally, if an period.’’ antidumping or countervailing duty Because necessary shipment data is order is issued, duties are assessed only often not immediately available when DEPARTMENT OF COMMERCE on imports that enter the United States the normal comparison periods are after the Department makes its used, it is virtually impossible to make International Trade Administration preliminary determination of dumping a preliminary critical circumstances or subsidization, which normally takes finding before Commerce’s preliminary 19 CFR Part 351 place about four months after the filing determination on the existence of [Docket No. 9908128228±9228±01] of the petition. However, where critical dumping or subsidies. However, 19 CFR circumstances exist, duties may be 351.206(i) further provides that, if the RIN 0625±AA56 assessed retroactively on imports that Department finds that, at some time enter up to 90 days prior to the prior to the filing of a petition, Regulation Concerning Preliminary preliminary determination. Critical Circumstances Findings importers, exporters or producers had Sections 703(e) (countervailing reason to believe that a proceeding was duties) and 733(e) (antidumping duties) AGENCY: Import Administration, likely, the Department may consider a of the Tariff Act of 1930, as amended International Trade Administration, period of at least three months from that (the Act), provide that, if a petitioner Commerce. earlier time. In cases where earlier base alleges critical circumstances, the ACTION: Final rule. periods are deemed appropriate, an Department of Commerce (the earlier preliminary finding on critical Department) ‘‘shall promptly (at any SUMMARY: The Department of Commerce circumstances may be possible because time after the initiation of the (the ‘‘Department’’) is amending 19 CFR the necessary data may be available. investigation under this subtitle)’’ 351.206(c), which concerns preliminary However, because the International determine whether there is reasonable findings of critical circumstances in Trade Commission’s (ITC) preliminary antidumping and countervailing duty cause to believe or suspect that critical circumstances exist. Recent experience determination of injury may be investigations. The critical important to the critical circumstances circumstances provisions of the highlights the importance of making preliminary critical circumstances analysis, normally the earliest point at antidumping and countervailing duty which a preliminary critical laws and regulations ensure that the findings as early as possible to ensure that import surges do not undermine the circumstances finding would be made is statutory remedies are not undermined after the ITC preliminary determination, by massive imports of dumped or statutory remedies. Therefore, on October 15, 1998, the Department which is normally 45 days after the subsidized merchandise following the filing of the petition. filing of a petition. Normally, if an published Policy Bulletin 98/4, stating Accordingly, the Department is antidumping or countervailing duty that the Department will issue amending 19 CFR 351.206(c)(2) to order is issued, duties are assessed only preliminary findings on critical provide that, where earlier base periods on imports that enter the United States circumstances as soon as possible after are used, the Department will issue after the Department makes a initiation. The Department is codifying preliminary critical circumstances preliminary determination of dumping that policy to ensure that the injurious findings as soon as possible after or subsidization. However, where effects of dumped or subsidized imports initiation of an investigation, but critical circumstances exist, duties are are remedied to the fullest extent normally not less than 45 days after the assessed retroactively on imports that provided by the law. filing of the petition. enter up to 90 days prior to the Explanation of the Regulation preliminary determination. The The antidumping and countervailing Classification amended regulation will ensure that the duty laws state that critical Administrative Procedure Act injurious effects of dumped or circumstances exist where there are subsidized imports are remedied to the massive imports over a relatively short Pursuant to authority at 5 U.S.C. fullest extent provided by the law. period and, as appropriate, either (1) 553(b)(A), this rule of agency procedure DATES: This rule is effective August 8, there is a history of dumping and is not subject to the requirement to 1999. material injury, or the importer knew or provide prior notice and an opportunity FOR FURTHER INFORMATION CONTACT: should have known that the for public comment. Further, because Kathleen Hatfield, Office of Policy, merchandise was dumped and injury this rule of agency procedure is not Import Administration, U.S. Department was likely as a result, or (2) there is a substantive, it is not subject to the of Commerce, at (202) 482–1930, or countervailable subsidy inconsistent requirement in 5 U.S.C. 553(d) that its Marguerite Trossevin, Office of the with the WTO Subsidies Agreement. effective date be delayed 30 days. Chief Counsel for Import Pursuant to 19 CFR 351.206(i), for the E.O. 12866 Administration, U.S. Department of purpose of determining the existence of Commerce, at (202) 482–5593. an import surge, the Department This rule has been determined to be SUPPLEMENTARY INFORMATION: normally will consider a ‘‘relatively significant for purposes of Executive short period’’ as the period beginning on Order 12866. Background the date the petition is filed and Paperwork Reduction Act The U.S. antidumping and extending for at least the following three countervailing duty laws, as well as the months. Imports during the post- This rule contains no new collection relevant agreements of the World Trade petition period are compared to a period of information subject to the Paperwork Organization (WTO), contain ‘‘critical of comparable duration immediately Reduction Act, 44 U.S.C. Chapter 35.

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E.O. 12612 petition was filed. The Secretary will qualifies for 3 years of marketing This rule does not contain federalism notify the Commission and publish in exclusivity beginning August 5, 1999, implications warranting the preparation the Federal Register notice of the because the supplemental application of a Federalism Assessment. preliminary finding. contains substantial evidence of the * * * * * effectiveness of the drug involved, or Regulatory Flexibility Act [FR Doc. 99–23208 Filed 9–7–99; 8:45 am] any studies of animal safety, required As this rule is not subject to the BILLING CODE 3510±DS±P for approval of the application and requirement to provide prior notice and conducted or sponsored by the an opportunity for public comment applicant. pursuant to 5 U.S.C. section 553, or any DEPARTMENT OF HEALTH AND The agency has determined under 21 other law, the analytical requirements of HUMAN SERVICES CFR 25.33(d)(1) that this action is of a the Regulatory Flexibility Act, 5 U.S.C. type that does not individually or 601 et seq., are inapplicable. Food and Drug Administration cumulatively have a significant effect on the human environment. Therefore, List of Subjects in 19 CFR Part 351 21 CFR Part 524 neither an environmental assessment Administrative practice and nor an environmental impact statement Ophthalmic and Topical Dosage Form procedure, Antidumping duties, is required. New Animal Drugs; Selamectin Business and industry, Cheese, The rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Confidential business information, AGENCY: Food and Drug Administration, Countervailing duties, Investigations, HHS. it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the Reporting and record keeping ACTION: Final rule. requirements. congressional review requirements in 5 SUMMARY: The Food and Drug U.S.C. 801–808. Dated: August 30, 1999. Administration (FDA) is amending the List of Subjects in 21 CFR Part 524 Robert S. LaRussa, animal drug regulations to reflect Assistant Secretary for Import approval of a supplemental new animal Animal drugs. Administration. drug application (NADA) filed by Pfizer, Therefore, under the Federal Food, For the reasons stated, 19 CFR part Inc. The supplemental NADA provides Drug, and Cosmetic Act and under 351 is amended to read as follows: for an additional indication for control authority delegated to the Commissioner of Food and Drugs and redelegated to PART 351ÐANTIDUMPING AND of tick (Dermacentor variabilis) infestations in dogs. the Center for Veterinary Medicine, 21 COUNTERVAILING DUTIES CFR part 524 is amended as follows: EFFECTIVE DATE: September 8, 1999. Subpart AÐScope and Definitions FOR FURTHER INFORMATION CONTACT: PART 524ÐOPHTHALMIC AND Melanie R. Berson, Center for Veterinary TOPICAL DOSAGE FORM NEW 1. The authority citation for part 351 Medicine (HFV–110), Food and Drug ANIMAL DRUGS continues to read as follows: Administration, 7500 Standish Pl., 1. The authority citation for 21 CFR Authority: 5 U.S.C. 301, 19 U.S.C. 1202 Rockville, MD 20855, 301–827–7540. part 524 continues to read as follows: note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et SUPPLEMENTARY INFORMATION: Pfizer, seq.; and 19 U.S.C. 3538. Inc., 235 East 42d St., New York, NY Authority: 21 U.S.C. 360b. 10017–5755, filed supplemental NADA Subpart BÐAntidumping and § 524.2098 [Amended] 141–152 that provides for topical Countervailing Duty Procedures 2. Section 524.2098 Selamectin is veterinary prescription use of amended in paragraph (d)(1) by RevolutionTM (selamectin) solution in 2. Section 351.206(c)(2) is revised to removing the words ‘‘once a month’’ dogs for the additional indication for read as follows: and in paragraph (d)(2) by revising the control of tick (D. variabilis) second sentence to read ‘‘Treatment and § 351.206 Critical circumstances. infestations. The supplemental NADA is control of sarcoptic mange (Sarcoptes * * * * * approved as of August 5, 1999, and the scabiei) and control of tick (c) * * * regulations are amended in 21 CFR (Dermacentor variabilis) infestations in (2) The Secretary will issue the 524.2098 in paragraphs (d)(1) and (d)(2) dogs.’’ preliminary finding: to reflect the approval. The basis for (i) Not later than the preliminary approval is discussed in the freedom of Dated: August 27, 1999. determination, if the allegation is information summary. Claire M. Lathers, submitted 20 days or more before the In accordance with the freedom of Director, Office of New Animal Drug scheduled date of the preliminary information provisions of 21 CFR part Evaluation, Center for Veterinary Medicine. determination; or 20 and 514.11(e)(2)(ii), a summary of [FR Doc. 99–23336 Filed 9–7–99; 8:45 am] (ii) Within 30 days after the petitioner safety and effectiveness data and BILLING CODE 4160±01±F submits the allegation, if the allegation information submitted to support is submitted later than 20 days before approval of this application may be seen the scheduled date of the preliminary in the Dockets Management Branch FEDERAL MINE SAFETY AND HEALTH determination; or (HFA–305), Food and Drug REVIEW COMMISSION (iii) If, pursuant to paragraph (i) of Administration, 5630 Fishers Lane, rm. this section, the period examined for 1061, Rockville, MD 20852, between 9 29 CFR Part 2700 purposes of determining whether a.m. and 4 p.m., Monday through critical circumstances exists is earlier Friday. Procedural Rules than normal, the Secretary will issue the Under section 512(c)(2)(F)(iii) of the AGENCY: Federal Mine Safety and Health preliminary finding as early as possible Federal Food, Drug, and Cosmetic Act Review Commission. after initiation of the investigation, but (21 U.S.C. 360b(c)(2)(F)(i)), this ACTION: Final rule. normally not less than 45 days after the approval for nonfood-producing animals

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SUMMARY: This rule makes final various clarifications for filing pleadings in Based upon those comments and revisions to the procedural rules of the temporary reinstatement proceedings. other developments in Commission Federal Mine Safety and Health Review See 63 FR 25183–87. For instance, the proceedings, the Commission published Commission (the ‘‘Commission’’). In Commission proposed requiring moving supplemental proposed rules, which these final rules, the Commission has parties to state in motions whether there clarified when service on an attorney or addressed various problems that were is opposition to the motion (see other authorized attorney is required unforeseen when the procedural rules proposed § 2700.10(c) (63 FR 25186)); (see proposed §§ 2700.3(c), 2700.7(d) were last revised in 1993 (see 58 FR instituting a page limit for petitions for (64 FR 24549)), added requirements for 12158 (March 3, 1993)), in a continued discretionary review (see proposed the format of pleadings (see proposed effort to ensure ‘‘the just, speedy, and § 2700.70(d) (63 FR 25187)); changing § 2700.5(f) (64 FR 24549)), and inexpensive determination of all requirements for filing and serving increased the page limit for response proceedings’’ before the Commission (29 requests for extensions of time and briefs (see proposed § 2700.75(c) (64 FR CFR 2700.1(c)). extensions of page limits (see proposed 24549–50)). See 64 FR 24547–50 (May 7, DATES: These revised rules will take §§ 2700.9, 2700.70(d), 2700.75(f)) (63 FR 1999). effect on November 8, 1999. 25186, 25187)); revising procedures for The Commission permitted written The final rules will apply to cases filing pleadings in temporary comments on those supplemental initiated after the rules take effect. The reinstatement proceedings (see proposed rules to be submitted on or final rules also will apply to further proposed § 2700.45 (63 FR 25186–87)); before May 28, 1999. The Commission proceedings in cases then pending, and expanding the opportunities for received comments from MSHA and except to the extent that such filing and serving by facsimile from the Peabody Group. The majority application would be infeasible or transmission (see proposed §§ 2700.9, of comments expressed support for the unfair, in which event the present 2700.45(f) (63 FR 25186–87)). supplemental proposed revisions. The procedural rules would apply. Although notice-and-comment Commission received an objection to ADDRESSES: Questions may be mailed to rulemaking under the Administrative only the proposed requirements for the Norman Gleichman, General Counsel, Procedure Act does not apply to rules of format of pleadings (see proposed Office of the General Counsel, Federal agency procedure (see 5 U.S.C. § 2700.5(f) (64 FR 24549)). The final rules retain much of the Mine Safety and Health Review 553(b)(3)(A)), the Commission permitted same text set forth in the proposed rules Commission, 1730 K Street, NW, 6th written comments on the proposed rules and in the supplemental proposed rules. Floor, Washington, DC 20006. to be submitted on or before August 5, As discussed in the section-by-section 1998. The only written comments FOR FURTHER INFORMATION CONTACT: analysis, some changes have been made received by the Commission were Norman Gleichman, General Counsel, in response to the comments received, submitted by the Department of Labor’s Office of the General Counsel, Federal such as the service requirements when Office of the Solicitor on behalf of the Mine Safety and Health Review documents are filed by facsimile Mine Safety and Health Administration Commission, 1730 K Street, NW, 6th transmission (see §§ 2700.7(c), (‘‘MSHA’’). MSHA commented on the Floor, Washington, DC 20006, telephone 2700.9(a), 2700.45(f), 2700.70(f), following proposed revisions: (1) the 202–653–5610 (202–566–2673 for TDD 2700.75(f)); and the deadline for filing proposed requirement that when filing Relay). These are not toll-free numbers. requests for extension of page limit (see is by facsimile transmission, service SUPPLEMENTARY INFORMATION: §§ 2700.70(f), 2700.75(f)). In addition, must be by facsimile or an equally although not included in the proposed I. Background expeditious means (proposed § 2700.7 rules or supplemental proposed rules, (63 FR 25186)); (2) the proposed The Commission is an independent the Commission made a revision insertion that would permit the adjudicative agency that provides clarifying when a motion for Commission to rule upon a motion prior administrative trial and appellate participation as amicus curiae and an to the expiration of the time for review of cases arising under the amicus curiae brief must be filed (see response (proposed § 2700.10(d) (63 FR Federal Mine Safety and Health Act of § 2700.74). The Commission was unable 25186)); and (3) the proposed deadline 1977, 30 U.S.C. 801 et seq. (1994) to invite comments on the revisions to for filing a motion requesting an (‘‘Mine Act’’). The Commission’s rules § 2700.74 because the proceedings that extension of page limit (proposed of procedure govern practice and brought to light the need for such §§ 2700.70, 2700.75 (63 FR 25187)). In procedure in proceedings at both the clarification arose after the addition, MSHA proposed that the trial and appellate levels. supplemental proposed rules had been The Commission initially adopted its procedural rules be revised in three published in the Federal Register. procedural rules in June 1979. See 44 ways not proposed in the Federal Finally, certain rules have been changed FR 38226 (June 29, 1979). In March Register notice: (1) that subpart H be to accord with related changes in others. 1993, the Commission published revised to include a requirement that all significant revisions to its procedural documents filed in review proceedings II. Section-by-Section Analysis rules, reflecting more than 10 years’ before the Commission in which MSHA Set forth below is an analysis of the experience with the rules and evolving is a party, be served on the Counsel for comments received on the Commission case law. See 58 FR 12158 Appellate Litigation in the Mine Safety Commission’s proposed and (March 3, 1993). In May 1998, the and Health Division of the Office of supplemental proposed rules and the Commission published proposed Solicitor; (2) that 29 CFR 2700.75(e) be final actions taken. Minor editorial revisions to various rules in an attempt revised to permit both opening briefs modifications to present or proposed to address problems that were and response briefs to be up to 35 pages rules are not discussed. unforeseen in 1993. See 63 FR 25183 in length; and (3) that § 2700.75(e) be (May 7, 1998). Those proposed rules revised to specify that all briefs be typed Subpart AÐGeneral Provisions included revisions relating to motion double-spaced and using a typeface practice before the Commission, designated by the Commission. MSHA Section 2700.3 Who May Practice expansions of the requirements for did not state any objections to the Paragraph (c) retains the proposed certain pleadings, and revisions and remainder of the proposed revisions. language clarifying the manner of and

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The commenter Currently, § 2700.3(c) provides that an paragraph (d) of proposed § 2700.5 suggested that the rule should be further entry of appearance by a representative added the provision that the filing of a revised to institute a word limit for of a party is made by, among other motion for an extension of time and a parties who have word processing things, ‘‘signing the first document filed petition for temporary reinstatement systems with automatic word counting on behalf of the party.’’ See 29 CFR order is effective upon receipt, rather capabilities, retaining page limitations 2700.3(c). The rule is somewhat than upon mailing. The Commission for only those parties who do not have ambiguous regarding the agency with received no comments concerning that such systems. In addition, the whom the document must be filed, and revision. commenter expressed the hope that the whether the document refers only to The Commission adopts § 2700.5(d) as Commission would provide ample pleadings. proposed with minor changes. For warning before striking briefs for In an effort to dispel this ambiguity, consistency and clarity in motion excessive footnotes. the Commission has revised § 2700.3(c) practice, the Commission has The Commission declines further to provide that an entry of appearance conformed the requirements for filing modification of the formatting shall be made when the first document requests for extensions of page limit requirements which were proposed in filed on behalf of a party is filed with with the requirements for filing requests § 2700.5(f). Although a word processing the Commission or Commission judge. for extensions of time. Therefore, the system may automatically size footnote Revised § 2700.3(c) also clarifies that the Commission has added the provision print smaller than the text of the body, documents that may serve as an entry of that the filing of a motion to exceed most systems may be adjusted to appearance shall be only those filed page limit is effective upon receipt. In conform the footnote size with the text with the Commission or Commission addition, the Commission has revised of the body. If a party’s word processing judge in a proceeding under the Mine § 2700.5(d) to specify that express mail system is incapable of using the same Act or the Commission’s procedural includes delivery by third-party size type for footnotes and the body of rules, rather than documents filed with commercial carrier. Therefore, when a a document, that information may be MSHA. document is filed by third party provided to the Commission if the The revisions to § 2700.3(c) are commercial carrier, filing is effective Commission were to reject a brief on intended to be consistent with the upon delivery to the third party carrier, that basis. The Commission believes definition of ‘‘party’’ set forth in except for documents specified in that the proposed rule is clearer and § 2700.4(a). Section 2700.4(a) currently paragraph (d) for which filing is more easily enforced than a rule which provides in part that ‘‘[a] person, effective upon receipt. sets forth two standards of formatting including the Secretary or an operator, The Commission received a comment requirements. Finally, the Commission who is named as a party or who is requesting that § 2700.75(e) be revised anticipates that it will provide ample permitted to intervene, is a party.’’ 29 to require that all briefs shall be double- notice before rejecting a brief for CFR 2700.4(a). Section 2700.3(c) refers spaced using a typeface designated by noncompliance with formatting to actions that may be taken by a the Commission in order to ensure requirements. representative of a ‘‘party’’ in order to adherence with page limitations. enter an appearance. Thus, reading Because the Commission believed that Section 2700.7 Service current § 2700.4(a) with revised formatting requirements should apply to Proposed revisions to § 2700.7(c) § 2700.3(c), an entry of appearance by all pleadings filed with the Commission referred to the circumstances in which an attorney or other authorized and its judges, the Commission requests for extensions of time representative cannot be made before proposed a supplemental rule setting (§ 2700.9) and pleadings in temporary the represented operator or individual forth formatting requirements in reinstatement proceedings (§ 2700.45(f)) achieves party status as defined in proposed § 2700.5(f), which applies to may be served by facsimile § 2700.4(a). In some circumstances, all pleadings, rather than in § 2700.75, transmission. In addition, proposed however, an entry of appearance may be which applies only to briefs before the paragraph (c) clarified that service by made at the same time that an operator Commission. The proposed formatting mail is effective upon mailing for all or individual achieves party status. For requirements included standards for types of mail, including first class, instance, upon the filing of a notice of margins, font size and spacing, and a express, registered or certified mail, contest of a citation or order with the general prohibition against excessive return receipt requested. Proposed Commission by an authorized footnotes. In addition, the Commission paragraph (c) also added the representative on behalf of an operator proposed adding a provision permitting requirement that when filing is by (see 29 CFR 2700.20), the operator is the Commission to reject a brief based facsimile transmission, the filing party named as a party, thereby achieving on the failure to comply with the must also serve by facsimile party status under current § 2700.4(a), requirements of the subsection or on the transmission or by a means as and the attorney filing the contest enters use of compacted or otherwise expeditious as facsimile. an appearance under revised § 2700.3(c) compressed printing features. To avoid The Commission received no by filing the document with the affecting basic appeal rights, the comments to the proposed rule’s Commission. Commission limited the provision by reference to the circumstances under allowing only the rejection of briefs, which requests for extensions of time Section 2700.5 General Requirements rather than petitions for discretionary and petitions for review of temporary for Pleadings and Other Documents; review. reinstatement orders may be served by Status or Informational Requests. The Commission received a comment facsimile transmission, or to the Paragraph (c) of the proposed rule regarding proposed § 2700.5(f), in which clarification that service by mail is added the requirement that all the commenter stated that the effective upon mailing for all types of

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See 29 CFR 2700.9 requests for extensions of page limit paragraph (d) in the supplemental (‘‘A request for an extension of time with the requirements for serving notice of proposed rulemaking based on shall be filed before the expiration of the requests for extensions of time. proceedings before the Commission time allowed for the filing or serving of Therefore, the Commission has referred which revealed that its current the document.’’). to the circumstances in which requests procedural rules should be revised to The Commission received no for extensions of page limits may be clarify when service on an attorney or comments to proposed § 2700.9(a) and served by facsimile transmission. In other authorized representative is adopts it as proposed with a minor addition, the Commission has revised required, particularly in circumstances modification. Consistent with revisions § 2700.7(c) to specify that express mail in which a person or operator has to proposed § 2700.7(c), the Commission includes delivery by third-party retained counsel prior to issuance of the inserted the qualification in paragraph commercial carrier. Therefore, when a initial document in a proceeding. See (a) that, if service by facsimile document is served by third-party Roger Richardson, 20 FMSHRC 1259 transmission is impossible, the filing commercial carrier, service is effective (Nov. 1998) (involving proceeding party shall serve by a third-party upon delivery to the third-party carrier. under 30 U.S.C. 820(c), in which commercial overnight delivery service The Commission received opposition proposed penalty assessment was or by personal delivery. mailed to individual’s former residence to the requirement that when a Section 2700.10 Motions document is filed by facsimile rather than to counsel who was retained The proposed rule added the transmission, service must be by prior to issuance of proposed penalty requirement that, prior to filing a facsimile or an equally expeditious assessment). procedural motion, a moving party must means. The commenter submitted that a Currently, § 2700.7(d) provides that confer or make reasonable efforts to significant percentage of parties ‘‘[w]henever a party is represented by an attorney or other authorized confer with the other parties and to state participating in Commission representative, subsequent service shall in the motion if any party opposes or proceedings do not have fax machines, be made upon the attorney or other does not oppose the motion. In addition, and that the only means of providing authorized representative.’’ 29 CFR proposed § 2700.10 added the provision equally expeditious service would be by 2700.7(d). The current rule is somewhat that, where circumstances warrant, a hand delivery, which can only be ambiguous regarding whether service is motion may be ruled upon prior to the accomplished in a small number of required after a representative has expiration of the time for response, and cases. entered an appearance on behalf of the that a party adversely affected by the After further consideration, the party, or whether service is required ruling may seek reconsideration. Commission has revised proposed after a party has retained that Under current practice, before the § 2700.7(c) to provide that when filing is representative. Under revised Commission disposes of a procedural by facsimile transmission, the filing § 2700.7(d), it is clear that, even if an motion, it must wait for the expiration party must also serve by facsimile operator or individual retains counsel for the period of the time for filing a transmission or, if serving by facsimile prior to the initiation of a proceeding statement in opposition. See 29 CFR transmission is impossible, the filing under the Mine Act, that counsel need 2700.10(c). For some motions requiring party must serve by third-party not be served until after he or she makes prompt or immediate disposition, the commercial overnight delivery service a formal entry of appearance pursuant to Commission must contact other parties or by personal delivery. Although a § 2700.3(c). or, if such parties are unavailable, party receiving service by overnight dispose of the motion without a delivery will receive a document after Section 2700.9 Extensions of Time response. The proposed revisions were the document has been filed by Paragraph (a) of the proposed rule designed to more efficiently and fairly facsimile, the Commission believes that instituted the requirements that a dispose of such motions. such a delay is not prejudicial. Under motion for extension of time shall be The Commission received opposition current § 2700.8, which has not been filed no later than 3 days prior to the to the revision which would permit a revised, when service of a document is expiration of the time allowed for the motion to be ruled upon prior to the by mail, 5 days are added to the time filing or serving of the document, and expiration of the time for response. The allowed for filing a response. See 29 that the motion for an extension of time commenter suggested that if it is CFR 2700.8. Because delivery by third- must conform with proposed § 2700.10. necessary to rule on a motion before the party commercial carrier is a form of Proposed § 2700.9(a) also provided that response time has expired, the express mail, the party who is served a the motion and any opposition to the Commission or judge should give document by third-party commercial motion may be filed and served by adequate warning of the shortened time carrier receives an additional 5 days to facsimile transmission, and that service so that any opposition may be filed respond. Moreover, the time for filing a must be by an equally expeditious prior to disposition of the motion. response to documents that may be filed means as filing. Paragraph (b) of The Commission has determined that by facsimile begins to run upon service, proposed § 2700.9 added a provision no further modification is warranted rather than upon filing. See proposed allowing the Commission to grant a and adopts the proposed rule. In motion §§ 2700.10(d), 2700.45(f). motion for an extension of time in practice before the Commission, there is Proposed paragraph (d) provided that exigent circumstances, even though the usually insufficient time to give advance service is required on an attorney or request was filed late. The proposed warning that the Commission must rule other authorized representative only rule was designed to alleviate the upon a motion prior to the expiration of after that attorney or representative has situation that arises under current the time for a response, particularly formally entered an appearance on § 2700.9, in which the Commission with requests for extensions of time or behalf of the party in the manner receives a request for an extension of extensions of page limits. Even if the prescribed in proposed § 2700.3(c). The time on or shortly before the expiration Commission were to dispose of a motion Commission received no objections to of the due date for filing or serving of before expiration of the time for a

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Although a 3- opposition by facsimile transmission. the Commission in a temporary day time limit may not allow sufficient See §§ 2700.9(a) (statements in reinstatement proceeding may be served time for the filing of an opposition, the opposition to requests for extension of by express mail, as well as by personal Commission likely will be informed in time); 2700.45(f) (responses to petitions delivery, including courier service, by the request for extension of page limit, for review of temporary reinstatement certified or registered mail, return in accordance with § 2700.10(c), orders); 2700.70(f) and 2700.75(f) receipt requested, or, as specified in whether the opposing party opposes or (statements in opposition to motions for paragraph (f), by facsimile transmission. does not oppose the request. In extension of page limit). In any event, addition, under § 2700.10(d), the Subpart H—Review by the Commission the Commission has provided an avenue Commission may rule upon the motion of relief to a party deprived of the Section 2700.70 Petitions for prior to the expiration of the time for a opportunity to file an opposition by Discretionary Review response, and any party adversely affected by the Commission’s ruling providing in paragraph (d) that any Proposed § 2700.70(a) added the may seek reconsideration. Consistent party adversely affected by the ruling clarification that procedures governing may seek reconsideration. with revisions to other procedural rules petitions for review of temporary (see §§ 2700.7(c), 2700.9(a), 2700.45(f), Subpart E—Complaints of Discharge, reinstatement orders may be found in 2700.75(f)), the Commission added the Discrimination, or Interference § 2700.45(f). The Commission received provision that the motion to exceed no comments to the proposed revision page limit and any statement in Section 2700.45 Temporary and adopts it as proposed. Reinstatement Proceedings opposition shall include proof of service Proposed § 2700.70(d) added a 35- on all parties by a means of delivery no Paragraph (f) retains the proposed page limit for petitions for discretionary less expeditious than that used for filing language to: (1) allow any pleadings in review to promote concision. In the motion, except that if service by a temporary reinstatement proceeding to addition, consistent with proposed facsimile transmission is impossible, the be filed and served by facsimile changes to § 2700.75, proposed filing party must serve by third-party transmission (see also paragraph (a)); (2) § 2700.70(d) instituted a 10-day commercial overnight delivery, or by provide that the filing of a petition for deadline for filing a motion requesting personal delivery. review of a temporary reinstatement an extension of page limit. order is effective upon receipt; (3) The Commission received no Section 2700.74 Procedure for require that any response to a petition objection to the 35-page limit and Participation as Amicus Curiae must be filed within 5 days following adopts it as proposed. However, the Under current § 2700.74, a motion to service of the petition, rather than 5 Commission received an objection to the participate as amicus curiae may be days following receipt of the petition, as proposed requirement that a motion for filed after the Commission has directed the rule currently provides (see 29 CFR an extension of page limit for a petition a case for review (see 29 CFR 2700.45(f)); and (4) clarify that the for discretionary review be filed no less 2700.74(a)), and the brief of an amicus Commission’s ruling on a petition shall than 10 days prior to the date the curiae ‘‘should normally be filed within be based on the petition and any petition is due to be filed. The the briefing period allotted to the party response, and that any further briefing commenter stated that in many cases, a whose position the amicus curiae will be entertained only at the express party does not know 10 days before its supports.’’ 29 CFR 2700.74(b). In recent direction of the Commission. The petition is due whether the petition will proceedings before the Commission, the Commission also adopts the language exceed the page limit. The commenter Commission received a motion to proposed in paragraph (f), which suggested that the proposed revision participate as amicus curiae in support codifies the holding in Secretary of may result in an increase in the filing of of the petitioner’s position during the Labor on behalf of Bowling v. Perry protective motions. period allotted to the petitioner for Transport, Inc., 15 FMSHRC 196 (Feb. The Commission reconsidered the filing a reply brief. It is somewhat 1993), by explicitly providing that the proposed paragraph, deleted the unclear under the present rule whether Commission will grant a motion to stay reference to the 10-day deadline in a motion for participation as amicus the effect of a temporary reinstatement paragraph (d) and added a new curiae may be filed during the period order only under extraordinary paragraph (f), setting forth the allotted for the filing of a reply brief. circumstances. requirements for motions to exceed page The Commission revised paragraph Although the Commission received no limit. In new paragraph (f), the (b) of existing § 2700.74 to clarify that comments to the proposed rule, the Commission revised the deadline for the brief of an amicus curiae must be comment received regarding facsimile filing requests for extensions of page filed during the initial briefing period transmission in proposed § 2700.7(c) is limits to not less than 3 days prior to the allotted to the party whose position the indirectly applicable to proposed date the petition is due to be filed. In amicus curiae supports. In addition, the § 2700.45(f), and prompted the order to permit the Commission to Commission set off a portion of Commission to revise the final rule. As dispose of the motion within sufficient paragraph (b) as a new paragraph (c) and with proposed § 2700.9(a), the time to afford the petitioner time to clarified in new paragraph (c) that the Commission qualified the requirement submit a conforming petition, the Commission may permit the filing of an that a pleading under the rule must Commission has added a receipt amicus curiae brief within 20 days after include proof of service on all parties by requirement, so that the motion must be the close of the briefing period set forth a means of delivery no less expeditious received by the Commission by the in § 2700.75(a)(1), as long as the amicus than that used for filing with the proviso deadline. Therefore, as with requests for curiae’s motion for participation is filed that if service by facsimile transmission extensions of time (see proposed within the initial briefing period

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Section 2700.5 is amended by paragraphs of revised § 2700.74 and adopts the rule as proposed. revising paragraphs (c), (d) and (f) to together, therefore, a motion to read as follows: Miscellaneous participate as an amicus curiae must be § 2700.5 General requirements for filed after the Commission has directed The Commission declines to adopt the pleadings and other documents; status or a case for review and before expiration suggestion that subpart H be revised to informational requests. of the initial briefing period allotted to include a requirement that all * * * * * the party whose position the amicus documents filed in review proceedings (c) Necessary information. All curiae supports. The Commission was before the Commission in which MSHA documents shall be legible and shall unable to invite comments on the is a party, be served on Counsel for clearly identify on the cover page the revisions to § 2700.74 because the Appellate Litigation in the Mine Safety filing party by name. All documents proceedings that brought to light the and Health Division of the Office of the shall be dated and shall include the need for such clarification arose after Solicitor. The Commission believes that assigned docket number, page numbers, the supplemental proposed rules had less formal means exist to address any and the filing person’s address and been published in the Federal Register. misdirection of pleadings to MSHA’s telephone number. Written notice of any See also 5 U.S.C. 553(b)(3)(A) counsel, and intends to explore such change in address or telephone number (providing that notice-and-comment means. shall be given promptly to the publication is not required under the III. Matters of Regulatory Procedure Commission or the Judge and all other Administrative Procedure Act for rules parties. of agency procedure). The Commission has determined that (d) Manner and date of filing. A these rules are not subject to Office of notice of contest of a citation or order, Section 2700.75 Briefs Management and Budget review under a petition for assessment of penalty, a Executive Order 12866. complaint for compensation, a Proposed paragraph (c) was revised in The Commission has determined complaint of discharge, discrimination response to a comment that the page under the Regulatory Flexibility Act (5 or interference, an application for limit for response briefs should be U.S.C. 601–612) that these rules, if temporary reinstatement, and an increased from 25 to 35 pages. The adopted, would not have a significant application for temporary relief shall be Commission agrees that revising the economic impact on a substantial filed by personal delivery, including page limit for response briefs to number of small entities. Therefore, a courier service, or by registered or correspond with the page limit for Regulatory Flexibility Statement and certified mail, return receipt requested. opening briefs is appropriate given the Analysis has not been prepared. All subsequent documents that are filed similar substantive requirements for The Commission has determined that with a Judge or the Commission may be opening and response briefs. In the Paperwork Reduction Act (44 U.S.C. filed by first class mail, express mail, or addition, it agrees that such a revision 3501 et seq.) does not apply because personal delivery. Express mail includes is particularly appropriate in view of the these rules do not contain any delivery by a third-party commercial opportunity for a petitioner to file an information collection requirements that carrier. When filing is by personal additional 15 pages in the form of a require the approval of the Office of delivery, filing is effective upon receipt. reply brief. Therefore, the Commission Management and Budget. When filing is by mail, filing is effective adopts paragraph (c) as proposed. upon mailing, except that the filing of List of Subjects in 29 CFR Part 2700 Proposed § 2700.75(d) added the a petition for discretionary review, a requirement that a motion for extension Administrative practice and petition for review of a temporary of time must comply with the procedure, Ex parte communications, reinstatement order, a motion for requirements of proposed § 2700.9. The Lawyers, Penalties. extension of time, and a motion to exceed page limit is effective upon Commission received no comments to For the reasons stated in the receipt. See §§ 2700.9, 2700.45(f), paragraph (d) and adopts it as proposed. preamble, the Commission amends 29 CFR Part 2700 as follows: 2700.70(a), (f), and 2700.75(f). Filing by Proposed § 2700.75(f) added facsimile transmission is permissible requirements for filing a motion to PART 2700ÐPROCEDURAL RULES only when specifically permitted by exceed page limit that conformed to the these rules (see §§ 2700.9, 2700.45(f), requirements for filing a motion to 1. The authority citation for Part 2700 2700.52, 2700.70(a), (f), and 2700.75(f)), exceed page limit for a petition for continues to read as follows: or when otherwise allowed by a Judge discretionary review (see proposed Authority: 30 U.S.C. 815, 820 and 823. or the Commission. Filing by facsimile § 2700.70(d) (63 FR 25187)). Consistent 2. Section 2700.3 is amended by transmission is effective upon receipt. with comments received to proposed revising paragraph (c) to read as follows: * * * * * § 2700.70, the Commission received an (f) Form of pleadings. All printed objection to the 10-day deadline. The § 2700.3 Who may practice material shall appear in at least 12 point Commission deleted the reference to a * * * * * type on paper 81⁄2 by 11 inches in size, 10-day deadline in proposed (c) Entry of appearance. A with margins of at least one inch on all § 2700.75(f), and added the same representative of a party shall enter an four sides. Text and footnotes shall requirements for a motion to exceed appearance in a proceeding under the appear in the same size type. Text shall page limits as that set forth in Act or these procedural rules by signing be double spaced. Headings and § 2700.70(f). the first document filed on behalf of the footnotes may be single spaced.

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Quotations of 50 words or more may be effective upon receipt. A motion specified in paragraph (f) of this section, single spaced and indented left and requesting an extension of time shall be by facsimile transmission. right. Excessive footnotes are received no later than 3 days prior to the * * * * * prohibited. The failure to comply with expiration of the time allowed for the (f) Review of order. Review by the the requirements of this paragraph or filing or serving of the document, and Commission of a Judge’s written order the use of compacted or otherwise shall comply with § 2700.10. A motion granting or denying an application for compressed printing features will be requesting an extension of time and a temporary reinstatement may be sought grounds for rejection of a brief. statement in opposition to such a by filing with the Commission a motion may be filed and served by * * * * * petition, which shall be captioned 4. Section 2700.7 is amended by facsimile. The motion and any ‘‘Petition for Review of Temporary revising paragraphs (c) and (d) to read statement in opposition shall include Reinstatement Order,’’ with supporting as follows: proof of service on all parties by a arguments, within 5 days following means of delivery no less expeditious receipt of the Judge’s written order. The § 2700.7 Service. than that used for filing the motion, filing of any such petition is effective * * * * * except that if service by facsimile upon receipt. The filing and service of (c) Methods of service. A notice of transmission is impossible, the filing any pleadings under this rule may be contest of a citation or order, a proposed party shall serve by a third-party made by facsimile transmission. The penalty assessment, a petition for commercial overnight delivery service filing of a petition shall not stay the assessment of penalty, a complaint for or by personal delivery. compensation, a complaint of discharge, effect of the Judge’s order unless the discrimination or interference, an (b) In exigent circumstances, an Commission so directs; a motion for application for temporary reinstatement, extension of time may be granted even such a stay will be granted only under and an application for temporary relief though the request was filed after the extraordinary circumstances. Any shall be served by personal delivery, designated time for filing has expired. In response shall be filed within 5 days including courier service, or by such circumstances, the party following service of a petition. registered or certified mail, return requesting the extension must show, in Pleadings under this rule shall include receipt requested. All subsequent papers writing, the reasons for the party’s proof of service on all parties by a may be served by first class mail, failure to make the request before the means of delivery no less expeditious express mail, or personal delivery, time prescribed for the filing had than that used for filing, except that if except as specified in §§ 2700.9, expired. service by facsimile transmission is 2700.45, 2700.70(f), and 2700.75(f) 6. Section 2700.10 is amended by impossible, the filing party shall serve (extensions of time, temporary redesignating paragraph (c) as (d), by a third-party commercial overnight reinstatement proceedings, and revising newly redesignated paragraph delivery service or by personal delivery. extensions of page limit). Express mail (d) and by adding a new paragraph (c) The Commission’s ruling on a petition includes delivery by a third-party to read as follows: shall be made on the basis of the commercial carrier. Service by mail, petition and any response (any further including first class, express, or § 2700.10 Motions. briefs will be entertained only at the registered or certified mail, return * * * * * express direction of the Commission), receipt requested, is effective upon (c) Prior to filing a procedural motion, and shall be rendered within 10 days mailing. Service by personal delivery is the moving party shall confer or make following receipt of any response or the effective upon receipt. When filing by reasonable efforts to confer with the expiration of the period for filing such facsimile transmission (see § 2700.5(d)), other parties and shall state in the response. In extraordinary the filing party must also serve by motion if any other party opposes or circumstances, the Commission’s time facsimile transmission or, if serving by does not oppose the motion. for decision may be extended. facsimile transmission is impossible, the (d) A statement in opposition to a * * * * * filing party must serve by a third-party written motion may be filed by any 8. Section 2700.70 is amended by commercial overnight delivery service party within 10 days after service upon revising paragraphs (a), (d) and (e), by or by personal delivery. Service by the party. Unless otherwise ordered, redesignating paragraphs (f) as (g) and facsimile transmission is effective upon oral argument on motions will not be (g) as (h), and by adding a new receipt. heard. Where circumstances warrant, a (d) Service upon representative. paragraph (f) to read as follows: motion may be ruled upon prior to the Whenever a party is represented by an expiration of the time for response; a § 2700.70 Petitions for discretionary attorney or other authorized review. party adversely affected by the ruling representative who has entered an may seek reconsideration. appearance on behalf of such party (a) Procedure. Any person adversely pursuant to § 2700.3(c), service 7. Section 2700.45 is amended by affected or aggrieved by a Judge’s thereafter shall be made upon the revising paragraphs (a) and (f) to read as decision or order may file with the attorney or other authorized follows: Commission a petition for discretionary representative. review within 30 days after issuance of § 2700.45 Temporary reinstatement the decision or order. Filing of a petition * * * * * proceedings. for discretionary review, including a 5. Section 2700.9 is revised to read as facsimile transmission, is effective upon follows: (a) Service of pleadings. A copy of each document filed with the receipt. Two or more parties may join in § 2700.9 Extensions of time. Commission in a temporary the same petition; the Commission may (a) The time for filing or serving any reinstatement proceeding shall be consolidate related petitions. document may be extended for good served on all parties by personal Procedures governing petitions for cause shown. Filing of a motion delivery, including courier service, by review of temporary reinstatement requesting an extension of time, certified or registered mail, return orders are found at § 2700.45(f). including a facsimile transmission, is receipt requested, express mail or, as * * * * *

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(d) Requirements. Each issue shall be supports. If the Commission grants any reinstatement orders are found at separately numbered and plainly and such motion, the Commission’s order § 2700.45(f). concisely stated, and shall be supported shall specify the time within which a * * * * * by detailed citations to the record, when response or reply may be made to the Mary Lu Jordan, assignments of error are based on the amicus curiae brief. Chairman, Federal Mine Safety and Health record, and by statutes, regulations, or 10. Section 2700.75 is amended by Review Commission. other principal authorities relied upon. revising paragraphs (c) and (d), by [FR Doc. 99–23244 Filed 9–7–99; 8:45 am] Except by permission of the redesignating paragraph (f) as (g), and by BILLING CODE 6735±01±P Commission and for good cause shown, adding a new paragraph (f) to read as petitions for discretionary review shall follows: not exceed 35 pages. Except for good cause shown, no assignment of error by § 2700.75 Briefs. ENVIRONMENTAL PROTECTION AGENCY any party shall rely on any question of * * * * * fact or law upon which the Judge had (c) Length of brief. Except by 40 CFR Part 62 not been afforded an opportunity to permission of the Commission and for pass. good cause shown, opening and [MD±091±3041a; FRL±6433±7] (e) Statement in opposition to response briefs shall not exceed 35 petition. A statement in opposition to a Approval and Promulgation of State pages, and reply briefs shall not exceed Plans for Designated Facilities and petition for discretionary review may be 15 pages. A brief of an amicus curiae filed, but the opportunity for such filing Pollutants; Maryland; Control of shall not exceed 25 pages. A brief of an shall not require the Commission to Emissions from Existing Municipal intervenor shall not exceed the page delay its action on the petition. Solid Waste Landfills (f) Motion for leave to exceed page limitation applicable to the party whose AGENCY: Environmental Protection limit. A motion requesting leave to position it supports in affirming or Agency (EPA). exceed the page limit shall be received reversing the Judge, or if a different ACTION: not less than 3 days prior to the date the position is taken, such brief shall not Direct final rule. exceed 25 pages. Tables of contents or petition for discretionary review is due SUMMARY: This action approves the to be filed, shall state the total number authorities shall not be counted against the length of a brief. municipal solid waste (MSW) landfill of pages proposed, and shall comply 111(d) plan submitted by the Air and with § 2700.10. A motion requesting an (d) Motion for extension of time. A Radiation Management Administration, extension of page limit and a statement motion for an extension of time to file Maryland Department of the in opposition to such a motion may be a brief shall comply with § 2700.9. The Environment (MDE), on March 23, 1999. filed and served by facsimile. Filing of Commission may decline to accept a The plan was submitted to fulfill a motion requesting an extension of brief that is not timely filed. requirements of the Clean Air Act page limit, including a facsimile * * * * * (CAA). The Maryland plan establishes transmission, is effective upon receipt. (f) Motion for leave to exceed page emission limits for existing MSW The motion and any statement in limit. A motion requesting leave to landfills, and provides for the opposition shall include proof of service exceed the page limit for a brief shall be implementation and enforcement of on all parties by a means of delivery no received not less than 3 days prior to the those limits. less expeditious than that used for filing date the brief is due to be filed, shall DATES: This final rule is effective the motion, except that if service by state the total number of pages November 8, 1999 unless within facsimile transmission is impossible, the proposed, and shall comply with October 8, 1999 adverse or critical filing party shall serve by a third-party § 2700.10. A motion requesting an comments are received. If adverse commercial overnight delivery service extension of page limit and a statement comment is received, EPA will publish or by personal delivery. in opposition to such a motion may be a timely withdrawal of the direct final * * * * * filed and served by facsimile. Filing of rule in the Federal Register and inform 9. Section 2700.74 is amended by a motion requesting an extension of the public that the rule will not take revising paragraph (b), and by adding a page limit, including a facsimile effect. new paragraph (c) to read as follows: transmission, is effective upon receipt. ADDRESSES: Comments may be mailed to The motion and any statement in § 2700.74 Procedure for participation as Walter Wilkie, Acting Chief, Technical amicus curiae. opposition shall include proof of service Assessment Branch, Mailcode 3AP22, on all parties by a means of delivery no Environmental Protection Agency, * * * * * less expeditious than that used for filing (b) The brief of an amicus curiae shall Region III, 1650 Arch Street, the motion, except that if service by be filed within the initial briefing period Philadelphia, Pennsylvania 19103. facsimile transmission is impossible, the (see § 2700.75(a)(1)) allotted to the party Copies of the documents relevant to this filing party shall serve by a third-party whose position the amicus curiae action are available for public commercial overnight delivery service supports. inspection during normal business (c) In the interest of avoiding or by personal delivery. hours at the following locations: Air duplication of argument, however, the * * * * * Protection Division, Environmental Commission may permit the filing of an 11. Section 2700.76 is amended by Protection Agency, Region III, 1650 amicus curiae brief within 20 days after revising paragraph (a) to read as follows: Arch Street, Philadelphia, Pennsylvania; the close of the briefing period set forth and the Air Radiation Management in § 2700.75(a)(1), provided that the § 2700.76 Interlocutory review. Administration, Maryland Department amicus curiae’s motion for participation (a) Procedure. Interlocutory review by of the Environment, 2500 Broening as an amicus curiae is filed within the the Commission shall not be a matter of Highway, Baltimore, Maryland 21224. initial briefing period (see right but of the sound discretion of the FOR FURTHER INFORMATION CONTACT: § 2700.75(a)(1)) allotted to the party Commission. Procedures governing James B. Topsale at (215) 814–2190, or whose position the amicus curiae petitions for review of temporary by e-mail at [email protected].

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SUPPLEMENTARY INFORMATION: This control of designated pollutants and specifically, the Maryland plan must document is divided into Sections I—V, facilities. State 111(d) plans, approved meet the requirements of (1) 40 CFR part and answers the questions posed below. by EPA, implement and provide for 60, subpart Cc, sections 60.30c through I. General provisions federal enforceability of the EG 60.36c, and the related subpart WWW; What action is EPA approving? requirements. and (2) 40 CFR part 60, subpart B, What is a State 111(d) plan? Q: What pollutant(s) will this action sections 60.23 through 26. What pollutant(s) will this action control? control? States were required to submit their What are the expected environmental and A: The promulgated March 12, 1996 MSW landfill 111(d) plans to EPA on public health benefits from controlling EPA EG (61 FR 9919) are applicable to December 12, 1996, pursuant to the landfill gas (LFG) emissions? existing municipal solid waste (MSW) provisions of section 111(d) of the CAA II. Federal Requirements the Maryland landfills (i.e., the designated facilities) and 40 CFR part 60, subpart B, and the Department of the Environment (MDE) 111(d) that emit landfill gas (LFG). LFG March 16, 1997 promulgated MSW Plan Must Meet for Approval consists primarily of carbon dioxide, landfill EG, subpart Cc. As a result of What general EPA requirements must the methane, and nonmethane organic litigation over the landfill rule, on MDE meet to receive approval of its landfill compounds (NMOC). MSW landfills are November 13, 1997, EPA issued a notice 111(d) plan? the largest manmade source of methane of proposed settlement in National What does the Maryland plan contain? emissions in the United States. The Solid Wastes Management Association Does the Maryland plan meet all EPA designated pollutant, NMOC, is a v. Browner, et al., No. 96–1152 (D.C. requirements for approval? mixture of more than 100 different Cir.), in accordance with section 113(g) III. Requirements for Affected MSW Landfill compounds, including volatile organic of the Act. See 62 FR 60898. Pursuant Owners/Operators compounds (VOC), and hazardous to the proposed settlement agreement, How do I determine if my MSW landfill is pollutants (HAP), such as vinyl EPA published, in the Federal Register, subject to the Maryland 111(d) plan? chloride, toluene, and benzene. A a direct final rulemaking on June 16, What general requirements must I meet as collateral benefit in the control of 1998, in which EPA amended 40 CFR an affected landfill owner/operator who is landfill NMOC is the control of part 60, subparts Cc and WWW, to add subject to the EPA approved plan? methane. clarifying language, make editorial If my landfill is subject to the plan’s Q: What are the expected amendments, and to correct requirement for installation of a LFG environmental and public health collection and control system, what typographical errors. The proposed emissions limits must I meet, and in what benefits from controlling landfill gas settlement did not vacate or void the timeframe? (LFG) emissions? March 12, 1996 MSW landfill EG or Are there any operational requirements for A: Studies indicate that MSW landfill NSPS. Furthermore, as stated in the my installed LFG collection and control gas (LFG) emissions at certain levels can June 16, 1998, preamble, the system? have adverse effects on both public amendments to 40 CFR part 60, subparts What are the testing, monitoring, health and welfare. EPA presented its Cc and WWW, do not significantly recordkeeping, and reporting requirements concerns with the health and welfare modify the requirements of those for my landfill? If I modify or expand the effects of landfill gases in the preamble subparts. See 63 FR 32743–32753, capacity of my landfill, what additional to the proposed MSW landfill requirements must I meet? 32783–32784. In part, these regulations (56 FR 24468). As noted amendments clarified the EG regulatory IV. Final EPA Action above, MSW landfills emit NMOC that text with respect to landfill mass and V. Administrative Requirements contains HAP, and VOC, which include volume applicability and Title V permit odorous compounds. Exposure to HAP I. General Provisions requirements. On February 24, 1999 (64 can lead to cancer, respiratory irritation, FR 9258), EPA again amended the MSW Question (Q): What action is EPA and damage to the nervous system. VOC landfill rule to further clarify the approving? emissions contribute to the formation of regulatory text and correct errors with Answer (A): We are approving the ozone which can result in adverse respect to the due date for the submittal Maryland landfill 111(d) plan, as affects on human health and vegetation. of the initial landfill design capacity submitted by the Maryland Department Methane contributes to global climate and emissions rate reports, and the of the Environment (MDE) to EPA on change and can also result in fires or definition of landfill ‘‘modification.’’ March 23, 1999, for the control of non- explosions, if the gas accumulates in Q. What does the Maryland plan methane organic compound (NMOC) structures, on or off the landfill site. The contain? emissions from municipal solid waste Maryland 111(d) plan will serve to A. Consistent with the requirements (MSW) landfills. We are publishing this significantly reduce these potential of 40 CFR part 60, subparts B and Cc, action without prior proposal because problems associated with LFG as amended, the Maryland plan contains we view this as a noncontroversial emissions. the following: amendment and anticipate no adverse II. Federal Requirements the Maryland 1. A demonstration of the State’s legal comments. authority to implement the section Q: What is a State 111(d) plan? Department of the Environment (MDE) 111(d) Plan Must Meet for Approval 111(d) State Plan; A: Section 111(d) of the Clean Air Act 2. COMAR 26.11.19.20 as the (CAA) requires that ‘‘designated’’ Q. What general requirements must enforceable mechanism; pollutants, controlled under section the MDE meet to receive approval of its 3. A source inventory of known 111(b) standards of performance for new landfill 111(d) plan? designated facilities, including NMOC stationary sources, must also be A. EPA promulgated detailed emissions rate estimates; controlled at existing sources (i.e., procedures for submitting and 4. Emission collection and control designated facilities) in the same source approving State plans in 40 CFR part 60, requirements that are no less stringent category. Furthermore, section 111(d) subpart B. Also, EPA promulgated the than those in Subpart Cc; requires EPA to establish procedures for MSW landfill EG (subpart Cc) and 5. A description of the Maryland state submittal and EPA approval of related NSPS (subpart WWW) on March process for the review and approval of state plans that implement state adopted 12, 1996, and amended them on June site-specific gas collection and control emissions guidelines (EG) for the 16, 1998 and February 24, 1999. More design plans;

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6. A source compliance schedule, ‘‘modification,’’ the amendments have weight-percent, or reduce the emissions including increments of progress, that significance only when the landfill from the control device to a requires final compliance no later than NSPS applicability requirements are concentration of 20 parts per million by 30 months from the date the NMOC triggered. Therefore, the State need not volume, or less, for an enclosed emissions rate was first calculated to be incorporate this definition into its MSW combustor. The installation of the 55 tons (50 megagrams) or more per regulation 111(d) plan definitions. NSPS required collection and control system year; requirements are self-implementing. must be completed within 30 months 7. Source testing, monitoring, However, when considering the due from the date the NMOC emission rate recordkeeping, and reporting date for submittal of the initial design was first calculated to be 55 tons (50 requirements; capacity and emissions rate reports, it is megagrams) or more per year. Details 8. Records of the public hearings on important to note that subpart B, regarding compliance schedules are the State Plan; and 60.24(g)(2) allows states to impose stipulated in COMAR 26.11.19.20.E and 9. A provision for State submittal to compliance schedules requiring final H(1). EPA of annual reports on progress in compliance at earlier times than those Q: Are there any operational plan enforcement. specified in the EG. Although, the requirements for my installed LFG On February 5, 1998, the MDE Annotated Code of Maryland section 2– collection and control system? adopted a regulation, Code of Maryland 302 contains language restricting the A: Yes, there are operational Regulation (COMAR) 26.11.19.20, stringency of the air quality standards requirements. These requirements are Control of Landfill Emissions from and emission standards, there is no summarized below: Municipal Solid Waste Landfills. The reference to compliance schedules. 1. Operate the collection system regulation applies to existing MSW Accordingly, the MDE has the authority wellheads at negative pressure; landfills and incorporates by reference to impose earlier reporting and 2. Operate the interior collection (IBR) related and applicable subpart compliance requirements than those wellheads with a landfill gas WWW requirements. On March 2, 1999, stipulated in the EG. temperature less than 55°C and with Maryland adopted COMAR 26.11.19.20 either a nitrogen level less than 20 amendments to ensure that the MDE III. Requirements for Affected MSW percent or an oxygen level less than 5 reporting, calculation methods, and all Landfill Owners/Operators percent; other requirements were consistent with Q: How do I determine if my MSW 3. Operate the collection system so EPA guidance. landfill is subject to the Maryland that the methane gas concentration is Q: Does the Maryland plan meet all 111(d) plan? less than 500 parts per million above EPA requirements for approval? A: If your MSW landfill was background at the surface of the landfill; A: Yes. The MDE has submitted a constructed, reconstructed or modified 4. Operate the collection system so 111(d) plan that conforms to all EPA before May 30, 1991, and received MSW that the colleted gases are vented to the subpart B and Cc requirements cited on or after November 8, 1987, then it is control system; and above. Each of the above listed plan subject to the 111(d) plan. 5. Operate the collection and control elements is approvable. Details Q: What general requirements must I system at all times. regarding the approvability of plan meet as an affected landfill owner/ Details regarding all operational elements are included in the technical operator who is subject to the EPA requirements are stipulated at COMAR support document (TSD) associated approved plan? 26.11.19.20.G(3), which IBR the related with this action. A copy of the TSD is A: The plan requires you to submit an and applicable NSPS requirements. available, upon request, from the EPA initial design capacity report, and Q: What are the testing, monitoring, Regional Office listed in the ADDRESSES possibly a NMOC emissions rate report. recordkeeping, and reporting section of this document. If the design capacity of your landfill is requirements for my landfill? The plan includes an amended MDE equal to or greater than 2,750,000 tons A: Your testing, monitoring, landfill regulation that incorporates a (2.5 million megagrams) and 3,260,000 recordkeeping, and reporting substantive provision of the EPA June cubic yards (2.5 million cubic meters) of requirements are summarized below: 1998 EG amendments. Specifically, the MSW, the plan requires you to also 1. Performance testing, to determine MDE landfill rule establishes a landfill submit, concurrently with the design compliance with 98 weight-percent applicability requirement, consistent capacity report, an initial NMOC efficiency, or the 20 ppmv outlet with the amendments, based on landfill emissions rate report. The NMOC concentration level, must be completed mass ‘‘and’’ volume. Furthermore, the emissions rate must be calculated within 180 days after construction MDE has submitted a letter to EPA according to methods specified in the completion on the collection and confirming that its Title V permitting regulation. If your calculated landfill control system. Performance and source requirements are also consistent with NMOC emissions rate is 55 tons (50 test methods must be consistent with those of the June 1998 EG amendments, megagrams) or more per year, you are EPA test methods, as referenced in the and its July 1996 EPA approved Title V required to install a MSW landfill gas MDE landfill regulation. Program (61 FR 34739). collection and control system that meets 2. Monitoring of control devise Other substantive EPA EG design and operational requirements temperature on a continuous basis is amendments relate to the definition of specified in COMAR 26.11.19.20.G, required for enclosed combustion landfill ‘‘modification’’ and the due date which IBR all related and applicable control devices, and flares. for submittal of the initial design NSPS requirements. Measurement of the gas flow rate from capacity and emission rate reports. Q: If my landfill is subject to the the collection system to an enclosed These two amendments were further plan’s requirement for installation of a combustion device, or flare, is required clarified by EPA’s February 24, 1999 EG LFG collection and control system, what at least once every 15 minutes, unless technical amendments. The MDE has emissions limits must I meet, and in the bypass line valves are secured in a not submitted a 111(d) plan revision what timeframe? closed position. Monthly monitoring that incorporates the provisions of the A: You must install a landfill gas requirements are specified in the February 24, 1999 EG amendments. collection and control system to reduce regulation for the gas collection system. With respect to the definition of landfill the collected NMOC emissions by 98 Gas wellhead monitored parameters

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This rule is a collection and control system design should do so at this time. If no such not a ‘‘major rule’’ as defined by 5 plan; system start-up; performance comments are received, the public is U.S.C. 804(2). testing; system operations; closure advised that this rule will be effective C. Petitions for Judicial Review notification; and equipment removal. on November 8, 1999 and no further 4. On-site recordkeeping is required action will be taken on the proposed Under section 307(b)(1) of the CAA, with respect to maximum design rule. petitions for judicial review of this capacity, current amount of solid waste V. Administrative Requirements action must be filed in the United States in-place, year-by-year waste acceptance Court of Appeals for the appropriate rate; life of the control equipment, as A. Executive Order 12866 circuit by November 8, 1999. Filing a measured during the initial performance The Office of Management and Budget petition for reconsideration by the test or compliance determination; and Administrator of this final rule control device specifications until (OMB) has exempted this regulatory action from review under E.O. 12866, pertaining to the Maryland MSW removal. landfill 111(d) plan does not affect the Details regarding testing, monitoring, entitled ‘‘Regulatory Planning and finality of this rule for the purposes of recordkeeping, and reporting Review.’’ Because today’s rule does not judicial review, nor does it extend the requirements are stipulated in COMAR create a mandate on state, local or tribal time within which a petition for judicial 26.11.19.20.D, F, G, and H, which IBR governments, it does not impose any review may be filed, and shall not all related and applicable NSPS enforceable duties on these entities. postpone the effectiveness of such rule requirements. Accordingly, the requirements of Q: If I modify or expand the capacity section 1(a) of E.O. 12875 do not apply or action. This action may not be of my landfill, what additional to this rule. This final rule is not subject challenged later in proceedings to requirements must I meet? to E.O. 13045 because it is not an enforce its requirements. (See section A: Any MSW landfill that commences economically significant regulatory 307(b)(2).) construction, modification, or action as defined by E.O. 12866, and it List of Subjects in 40 CFR Part 62 reconstruction on or after May 30, 1991 does not address an environmental is subject to the EPA NSPS for landfills, health or safety risk that would have a Environmental protection, Air 40 CFR part 60, subpart WWW. disproportionate effect on children. pollution control, Non-methane organic Today’s rule does not significantly or compounds, Methane, Municipal solid IV. Final EPA Action uniquely affect the communities of waste landfills, Reporting and Based upon the rationale discussed Indian tribal governments. This action recordkeeping requirements. above and in further detail in the TSD does not involve or impose any Dated: August 30, 1999. associated with this action, EPA is requirements that affect Indian Tribes. Thomas Voltaggio, approving the Maryland MSW landfill Accordingly, the requirements of Acting Regional Administrator, Region III. 111(d) plan for the control of landfill gas section 3(b) of E.O. 13084 do not apply emissions from affected facilities. As to this rule. Under the Regulatory 40 CFR Part 62, Subpart I, is amended provided by 40 CFR 60.28(c), any Flexibility Act (RFA), because the as follows: revisions to the Maryland section 111(d) Federal 111(d) approval does not create PART 62Ð[AMENDED] plan or associated regulations will not any new requirements, I certify that this be considered part of the applicable action will not have a significant 1. The authority citation for Part 62 plan until submitted by the MDE in economic impact on a substantial continues to read as follows: accordance with 40 CFR 60.28 (a) or (b), number of small entities. as applicable, and until approved by Under section 202 of the Unfunded Authority: 42 U.S.C. 7401–7642. EPA in accordance with 40 CFR part 60, Mandates Reform Act of 1995 Subpart VÐMaryland subpart B, requirements. (‘‘Unfunded Mandates Act’’), EPA has EPA is publishing this action without determined that the approval action 2. Subpart V is amended by adding an prior proposal because the Agency promulgated does not include a Federal undesignated center heading and views this as a noncontroversial mandate that may result in estimated sections 62.5150, 62.5151, and 62.5152 amendment and anticipates no adverse annual costs of $100 million or more to to read as follows: comments. However, in the proposed either State, local, or tribal governments rules section of this Federal Register in the aggregate, or to the private sector. Landfill Gas Emissions from Existing publication, EPA is publishing a Municipal Solid Waste Landfills separate document that will serve as the B. Submission to Congress and the (Section 111(d)) Plan) proposal to approve the 111(d) plan General Accounting Office should relevant adverse or critical The Congressional Review Act, 5 § 62.5150 Identification of plan. comments be filed. This rule will be U.S.C. 801 et seq., as added by the Small On March 23, 1999, the Maryland effective November 8, 1999 without Business Regulatory Enforcement Department of the Environment further notice unless the Agency Fairness Act of 1996, generally provides submitted to the Environmental receives relevant adverse comments by that before a rule may take effect, the Protection Agency a 111(d) Plan to October 8, 1999. If EPA receives such agency promulgating the rule must implement and enforce the comments, then EPA will publish a submit a rule report, which includes a requirements of 40 CFR part 60, subpart document withdrawing the final rule copy of the rule, to each House of the Cc, Emissions Guidelines for Municipal and informing the public that the rule Congress and to the Comptroller General Solid Waste Landfills.

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§ 62.5151 Identification of sources. GENERAL SERVICES SUPPLEMENTARY INFORMATION: GSA The plan applies to all Maryland ADMINISTRATION published a document in the Federal Register of July 9, 1999 (64 FR 37200) existing municipal solid waste landfills 48 CFR Parts 552, 553, and 570 which was missing an authority citation for which construction, reconstruction, in 3 separate places. This document or modification was commenced before RIN 3090±AE90 corrects the error. May 30, 1991 and that accepted waste at any time since November 8, 1987, or In rule document 99–15961 published General Services Administration in the Federal Register July 9, 1999, that have additional capacity available Acquisition Regulation for future waste deposition, as described beginning on page 37200, insert the authority citation at the end of the Table in 40 CFR part 60, subpart Cc. AGENCY: Office of Acquisition Policy, GSA. of Contents for Parts 552 and page § 62.5152 Effective date. 37230 and 570 on page 37266, and at ACTION: Correction to Interim rule. the end of the paragraph for part 553 The effective date of the plan for page 37265 to read as follows: municipal solid waste landfills is SUMMARY: This document corrects the November 8, 1999. interim final rule, which published July Authority: 40 U.S.C. 486(c). 9, 1999 (64 FR 37200), by adding an [FR Doc. 99–23189 Filed 9–7–99; 8:45 am] Dated: September 1, 1999. authority citation in 3 places. BILLING CODE 6560±50±P J. Les Davison, DATES: Effective September 1, 1999. Acting Deputy Associate Administrator for FOR FURTHER INFORMATION CONTACT: Acquisition Policy. Gloria Sochon, GSA Acquisition Policy [FR Doc. 99–23255 Filed 9–7–99; 8:45 am] Division (202) 208–6726. BILLING CODE 6820±61±M

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Proposed Rules Federal Register Vol. 64, No. 173

Wednesday, September 8, 1999

This section of the FEDERAL REGISTER error in the form of a misstated cross- developments, such as improvements in contains notices to the public of the proposed reference to another FDIC regulation. the FDIC’s internal processing issuance of rules and regulations. The DATES: Written comments must be procedures and an increase in the purpose of these notices is to give interested received by the FDIC on or before number of institutions filing reports persons an opportunity to participate in the electronically, now permit more rapid rule making prior to the adoption of the final October 25, 1999. rules. ADDRESSES: All written comments processing of the data. Accordingly, the should be addressed to Robert E. Board is proposing to base capital group Feldman, Executive Secretary, determinations on data reported by FEDERAL DEPOSIT INSURANCE Attention: Comments/OES, Federal institutions in their call reports for the CORPORATION Deposit Insurance Corporation, 550 17th quarter ending three months before the Street, NW, Washington, DC 20429. beginning of the assessment period to 12 CFR Part 327 Comments may be hand-delivered to the which the determination will apply. For ease of reference, the dates for RIN 3064±AC31 guard station at the rear of the 550 17th capital group determinations would be Street Building (located on F Street) stated in terms of actual dates—that is, Assessments between 7:00 a.m. and 5:00 p.m. on March 31 for the semiannual period business days. Comments may also be AGENCY: Federal Deposit Insurance beginning the following July 1, and faxed to (202) 898–3838, or sent via the Corporation (FDIC). September 30 for the semiannual period Internet to [email protected]. ACTION: Notice of proposed rulemaking. beginning the following January 1. At Comments will be available for present, the capital date is described by SUMMARY: The Board of Directors of the inspection and photocopying at the reference to other dates rather than FDIC (Board) is proposing several FDIC Public Information Center, Room specifically stated. 100, 801 17th Street, NW, between 9:00 changes to the FDIC’s regulation It is anticipated that this change a.m. and 4:30 p.m. on business days. governing assessments. The Board is would be effective beginning with the proposing to change the reporting date FOR FURTHER INFORMATION CONTACT: semiannual assessment period that used to determine the capital James W. Thornton, Senior Banking commences July 1, 2000. For that component of the assessment risk Analyst, Division of Insurance, (202) period, the capital component of an classifications assigned to FDIC-insured 898–6707; or Claude A. Rollin, Senior institution’s assessment risk depository institutions. The proposal is Counsel, Legal Division, (202) 898– classification would be determined to move that date closer by one calendar 8741, Federal Deposit Insurance based on data reported as of March 31, quarter to the assessment period for Corporation, Washington, DC 20429. 2000, rather than as of December 31, which the capital component is SUPPLEMENTARY INFORMATION: 1999. assigned. This change would permit the FDIC to use more up-to-date information Capital Group Determination Date Change in Notice Dates for Assessment in determining institutions’ assessment At present, the FDIC’s risk-based Risk Classifications and Quarterly risk classifications. The proposed date assessments regulation specifies that the Payment Invoices would coincide with the date currently capital component of the assessment The Board also is proposing to used to determine the supervisory risk classification assigned to each shorten—from 30 days to 15 days—the component of the assessment risk FDIC-insured institution for each time between the date institutions are classification. semiannual assessment period will be notified of their assessment risk To permit the use of more up-to-date determined on the basis of data reported classifications for the upcoming capital information, the Board is further by an institution in its Consolidated semiannual assessment period and the proposing to shorten from 30 days to 15 days the prior notice that the FDIC Reports of Condition and Income, Thrift date the assessment is collected for the sends to institutions advising them of Financial Report, or Report of Assets first quarter of that upcoming period. their assessment risk classifications for and Liabilities of U.S. Branches and The same reduction is proposed, for the following semiannual assessment Agencies of Foreign Banks (collectively, both the first and second quarters of period. The same reduction is proposed call reports) for the quarter ending six each semiannual assessment period, in for the invoice sent by the FDIC each months earlier (12 CFR 327.4(a)(1)). As the time between the date of the quarter showing the amount of the a result, an institution’s capital group is quarterly assessment invoice and the assessment payment due for the next assigned on the basis of information that date the invoiced amount is collected. quarterly collection. At the other end of is approximately six months old when Currently, the FDIC’s assessments the process, the Board is proposing to the assessment period begins. While the regulation specifies that notice of the increase from 30 days to 90 days the FDIC has long preferred to use more assessment risk classification applicable time within which an institution may current information, it has been to a particular semiannual period is to request review of its assessment risk constrained from doing so because of the time needed to process the capital as omitted information) and then input into the classification. FDIC’s automated system. Only after this has been Additionally, to reflect a shift of data submitted by institutions in their 1 done can the calculations be performed to certain assessment functions within the call reports. However, recent determine the appropriate capital group assignment FDIC, the Board is proposing to revise for each of the more than 10,000 insured 1 Institutions have 30 days (or 45 days for institutions. These functions must be performed in two of the references in the regulation institutions with foreign branches) from quarter-end time to prepare and mail notices to eachinstitution to FDIC offices or officials. Finally, the to file their call reports. Once the FDIC receives the before the beginning of the next semiannual proposal would correct a typographical reports, they are checked for obvious errors (such assessment period.

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.001 pfrm04 PsN: 08SEP1 48720 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules be provided to the institution at the for the next assessment period. For the Extension of Period for Requesting same time as the invoice showing the second quarter of a semiannual period, Reclassification amount of the assessment payment due institutions will have known their Another change proposed by the from the institution for the first quarter capital category for three months. An Board is to lengthen the period during of that semiannual period (12 CFR institution also knows the amount of its which an institution may seek a change 327.4(a)). This invoice and notice are to assessment base for each quarter, since in its assessment risk classification. At be provided no later than 30 days before that amount is calculated from data present, the FDIC’s assessments the first-quarter payment date (12 CFR reported by the institution. By regulation requires that a request that 327.3(c)). The regulation further multiplying its rate by its assessment the FDIC review an institution’s requires that an invoice showing the base, an institution can very closely classification be submitted within 30 amount of the assessment payment due estimate its payment well before it days of the date of the notice by which for the second quarter of the semiannual receives a FDIC assessment notice. the FDIC informs the institution of its period is to be provided no later than 30 classification (12 CFR 327.4(d)). Based days before the second-quarter payment The proposed change should have on the FDIC’s experience with the date (12 CFR 327.3(d)). little effect on the small number of The Board is proposing to reduce to institutions that believe they have review process and the proposed 15 days each of these 30-day periods. received an incorrect assessment reduction of the existing prior-notice For the first-quarter notice and invoice, classification. Even with the existing period, the FDIC has concluded that a the reduction is necessary to permit the notice and invoice dates, requests for longer period would be beneficial. Thus, use of more current capital data in review of assessment ratings that result the Board is proposing to expand the determining an institution’s capital in favorable changes for requesting time for requesting review to 90 days. group and, based on that determination, institutions can only rarely be decided Redesignations Resulting From Internal to calculate the institution’s first-quarter before the date on which the institution FDIC Reorganization assessment payment. is required to pay the invoiced amount. In order to reflect reorganizations For example, if the date of the data Institutions are also able to anticipate used as a basis for capital group within the FDIC, the Board is further their Financing Corporation (FICO) assignments for the assessment period proposing to amend the assessments assessment, which the FDIC bills and beginning July 1 is changed from regulation to provide that requests for collects on FICO’s behalf. Although the December 31 to March 31, and the prior- review of assessment risk classifications notice date remains May 30 (which is 30 FICO assessment rate varies from one be submitted to the Director of the days before the June 30 payment date), quarter to the next, the variation is Division of Insurance, instead of the the FDIC would have as little as 15 to typically small. Thus, under normal Director of the Division of Supervision. 30 days to receive the data, scan the circumstances, institutions can estimate Similarly, the Board proposes to move reports, input the information into the with reasonable accuracy the amount of from the Director of the Division of FDIC’s system, perform capital group their assessment payments well in Supervision to the Director of the calculations for more than 10,000 advance of the payment date. However, Division of Insurance the existing institutions, and prepare and mail the the Board recognizes that there might be delegation of authority in 12 CFR assessment notices. Although the call some instances in which significant 327.4(d) to act on most such requests. report filing deadline for most developments could reduce that However, the authority to act on institutions is 30 days after the end of accuracy, such as significant changes in requests for changes in the supervisory the quarter (April 30 in this example), the assessment base for one or both of subgroup assignment would remain the deadline for institutions with the deposit insurance funds that might with the Director of the Division of foreign offices is 15 days later (here, cause material changes in the FICO Supervision if the request is based on May 15). Although internal processing assessment rates. In these cases, the the appropriateness of that assignment improvements and increased electronic FDIC intends to provide notice as early as of the date set for determining filing allow the FDIC to perform these as possible through such means as supervisory subgroup assignments. This functions more quickly, the FDIC cannot mailings to insured institutions. delineation of the delegated authority is represented by the phrase ‘‘as perform them in 30 days. An example of a development appropriate’’ in the proposed revision, For consistency, the same reduction expected to cause significant changes in which reads as follows: ‘‘Upon in the invoicing period is proposed for FICO assessments is the statutory completion of a review, the Director of both the first-and second-quarter equalization of the FICO assessment rate the Division of Insurance (or designee) assessment payments. applicable to deposits insured by the It is not anticipated that reduction of or the Director of the Division of Bank Insurance Fund (BIF) with the rate the notice and invoice periods would Supervision (or designee), as for deposits insured by the Savings have a significantly adverse impact on appropriate, shall promptly notify the Association Insurance Fund (SAIF). insured institutions. The risk-based institution in writing of his or her However, under existing law, that assessment system has been in place determination of whether change is to become effective on January since 1993 and the industry is quite reclassification is warranted.’’ 1, 2000, six months before the familiar with it. Institutions typically Correction of Cross Reference know (or can anticipate with substantial anticipated implementation of the certainty) the assessment risk changes proposed here. Thus, there Section 327.5(f) of the FDIC’s classification and corresponding would be sufficient time to adjust to the assessments regulation imposes assessment rate 2 they will be assigned newer, equalized FICO rates before the disclosure restrictions regarding the shorter notice period is implemented. supervisory subgroup assigned by the 2 In the event the Board makes a limited FDIC. At present, this section gives an adjustment to the assessment rate schedule days before the assessment payment date). Under erroneous cross-reference to another, pursuant to the FDIC’s assessments regulation at 12 the proposal to move the assessment notice date CFR 327.9(c), the adjustment is to be announced no closer to the payment date, an adjustment nonexistent, section of the FDIC’s later than 15 days before the assessment notice date announcement would come at least 30 days before regulations to identify the category of (which under the existing regulations is, in turn, 30 the assessment payment date. exempt information into which the

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In particular, comment or the Director of the Division of List of Subjects in 12 CFR Part 327 is requested regarding any adverse Supervision (or designee), as impact the shorter notice periods might Assessments, Bank deposit insurance, appropriate, shall promptly notify the have. If it is believed that a 15-day Banks, banking, Reporting and institution in writing of his or her notice period would be insufficient, recordkeeping requirements, Savings determination of whether comment is requested as to what period associations. reclassification is warranted. Notice of would be minimally sufficient to prove For the reasons stated in the the procedures applicable to reviews reasonable notice. preamble, the Board proposes to amend will be included with the assessment Comment is further requested on any 12 CFR part 327 as follows: risk classification notice to be provided alternative means of permitting the use pursuant to paragraph (a) of this section. of more up-to-date capital data without PART 327ÐASSESSMENTS * * * * * shortening the notice periods. Possible 1. The authority citation for part 327 By order of the Board of Directors. alternatives might include, for example, continues to read as follows: Dated at Washington, DC, this 31st day of moving the assessment payment date to August, 1999. a later date. It is requested that Authority: 12 U.S.C. 1441, 1441b, 1813, Federal Deposit Insurance Corporation. suggestions for alternative means to 1815, 1817–1819; Pub. L. 104–208, 110 Stat. those proposed by the Board include a 3009–479 (12 U.S.C. 1821). Robert E. Feldman, discussion of any benefits and 2. Section 327.3 is amended by Executive Secretary. disadvantages associated with the removing the phrase ‘‘30 days’’ and [FR Doc. 99–23266 Filed 9–7–99; 8:45 am] alternatives suggested. adding in its place the phrase ‘‘15 days’’ BILLING CODE 6714±01±P The comment period has been set at in paragraphs (c)(1) and (d)(1), 45 days to allow the proposal, if respectively. adopted, to be implemented beginning 3. Section 327.4 is amended by DEPARTMENT OF TRANSPORTATION with the second semiannual assessment removing the citation to ‘‘309.5(c)(8)’’ in period of 2000 and to give insured paragraph (e) and adding in its place the Federal Aviation Administration institutions as much time as possible citation ‘‘309.5(g)(8)’’, and by revising before implementation to adjust to the paragraphs (a)(1) introductory text and 14 CFR Part 39 changes. The Board wishes to address (d) to read as follows: [Docket No. 99±NE±24±AD] the proposal expeditiously because of § 327.4 Annual assessment rate. its belief that the use of more current RIN 2120±AA64 capital data would be of significant (a) * * * (1) Capital factors. Institutions will be benefit for both the industry and the Airworthiness Directives; General assigned to one of the following three risk-based assessment system. Electric Company CF6±80C2 Series capital groups on the basis of data Turbofan Engines Regulatory Flexibility Act reported in the institution’s The Board hereby certifies that the Consolidated Reports of Condition and AGENCY: Federal Aviation proposed rule would not have a Income, Report of Assets and Liabilities Administration, DOT. significant economic impact on a of U.S. Branches and Agencies of ACTION: Notice of proposed rulemaking substantial number of small entities Foreign Banks, or Thrift Financial (NPRM). within the meaning of the Regulatory Report dated as of March 31 for the Flexibility Act (5 U.S.C. 601 et seq.). No assessment period beginning the SUMMARY: This document proposes the new or increased reporting, following July and as of September 30 adoption of a new airworthiness recordkeeping, or other compliance for the assessment period beginning the directive (AD) that is applicable to requirements would be imposed by the following January 1. General Electric Company (GE) CF6– proposed rule. Of the changes proposed, * * * * * 80C2 series turbofan engines. This only one—lengthening the time for (d) Requests for review. An institution proposal would require replacement of filing requests for review of assessment may submit a written request for review the fuel tube connecting the flowmeter risk classifications—addresses actions to of its assessment risk classification. Any to the Integrated Drive Generator (IDG) be initiated by insured institutions. The such request must be submitted within and the fuel tube(s) connecting the Main remaining proposals address actions to 90 days of the date of the assessment Engine Control (MEC) or be undertaken by the FDIC. The risk classification notice provided by Hydromechanical (HMU) to the proposal addressing actions to be the Corporation pursuant to paragraph flowmeter with improved fuel tubes. initiated by institutions would relax an (a) of this section. The request shall be This proposal is prompted by reports of existing time restriction, and it is submitted to the Corporation’s Director fuel leaking in the core cowl cavity expected that any impact on insured of the Division of Insurance in under high pressure that can be ignited institutions, of whatever size, would be Washington, DC, and shall include by the hot engine case temperatures. positive rather than adverse. documentation sufficient to support the The actions specified by the proposed reclassification sought by the AD are intended to prevent high- Assessment of Impact of Federal institution. If additional information is pressure fuel leaks caused by improper Regulation on Families requested by the Corporation, such seating of fuel tube flanges, which could The FDIC has determined that this information shall be provided by the result in an engine fire and damage to proposed amendment would not affect institution within 21 days of the date of the airplane.

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DATES: Comments must be received by must submit a self-addressed, stamped accomplished in accordance with the November 8, 1999. postcard on which the following ASBs described previously. ADDRESSES: Submit comments in statement is made: ‘‘Comments to There are approximately 2,693 triplicate to the Federal Aviation Docket Number 99–NE–24–AD.’’ The engines of the affected design in the Administration (FAA), New England postcard will be date stamped and worldwide fleet. The FAA estimates that Region, Office of the Regional Counsel, returned to the commenter. 581 engines installed on airplanes of US registry would be affected by this Attention: Rules Docket No. 99–NE–24– Availability of NPRMs AD, 12 New England Executive Park, proposed AD, that it would take Burlington, MA 01803–5299. Comments Any person may obtain a copy of this approximately 0.5 work hours per may also be sent via the Internet using NPRM by submitting a request to the engine to accomplish the proposed the following address: ‘‘9-ane- FAA, New England Region, Office of the actions, and that the average labor rate [email protected]’’. Comments sent Regional Counsel, Attention: Rules is $60 per work hour. Of the 581 via the Internet must contain the docket Docket No. 99–NE–24–AD, 12 New engines, some have already complied England Executive Park, Burlington, MA number in the subject line. Comments with the ASBs. Required parts for 01803–5299. may be inspected at this location complying with ASB 73–A224 would between 8 a.m. and 4:30 p.m., Monday Discussion cost approximately $659 per engine for the remaining 35 domestic engines. To through Friday, except Federal holidays. The Federal Aviation Administration The service information referenced in comply with ASB 73–A0231, required (FAA) received reports of 21 incidents parts would cost $2,858 per engine for the proposed rule may be obtained from of fuel leaks on General Electric General Electric Aircraft Engines, c/o the remaining 204 domestic Full Company (GE) CF6–80C2 series engines Authority Digital Engine Control Commercial Technical Publications, 1 at the fuel tube flanges at either the tube Neumann Way, Room 230, Cincinnati, (FADEC) engines, and $1,229 per engine connecting the Main Engine Control for the remaining 204 domestic Power OH 45215–1988; telephone (513) 552– (MEC) or Hydromechanical Unit (HMU) 2005, fax (513) 552–2816. This Management Control (PMC) engines. to the fuel flowmeter or the tube Based on these figures, the total cost information may be examined at the connecting the fuel flowmeter to the FAA, New England Region, Office of the impact of the proposed AD on U.S. Integrated Drive Generator (IDG) cooler. operators is estimated to be $856,813. Regional Counsel, 12 New England Five of the incidents resulted in in-flight Executive Park, Burlington, MA. The regulations proposed herein engine shutdowns, with the majority would not have substantial direct effects FOR FURTHER INFORMATION CONTACT: Ian directly attributable to incorrect flange on the States, on the relationship Dargin, Aerospace Engineer, seating of one of the fuel tube flanges. between the national government and Certification Office, FAA, Engine and One of these events resulted in an the States, or on the distribution of Propeller Directorate, 12 New England engine fire on a Boeing 747–400 aircraft. power and responsibilities among the Executive Park, Burlington, MA 01803– This engine fire was caused by fuel various levels of government. Therefore, 5299; telephone (781) 238–7178, fax leaking due to improper fuel tube flange in accordance with Executive Order (781) 238–7199. seating at the inlet mating flange end of 12612, it is determined that this SUPPLEMENTARY INFORMATION: the tube connecting with the IDG cooler. proposal would not have sufficient The improper fuel tube flange seating Comments Invited federalism implications to warrant the condition, if not corrected, could result preparation of a Federalism Assessment. Interested persons are invited to in high-pressure fuel leaks, which could For the reasons discussed above, I participate in the making of the result in an engine fire and damage to certify that this proposed regulation (1) proposed rule by submitting such the airplane. Is not a ‘‘significant regulatory action’’ written data, views, or arguments as The FAA has reviewed and approved under Executive Order 12866; (2) is not they may desire. Communications the technical contents of GE Alert a ‘‘significant rule’’ under the DOT should identify the Rules Docket Service Bulletin (ASB) No. 73–A224, Regulatory Policies and Procedures (44 number and be submitted in triplicate to Revision 2, July 9, 1997, that describes FR 11034, February 26, 1979); and (3) if the address specified above. All procedures for replacing the fuel promulgated, will not have a significant communications received on or before flowmeter to IDG cooler fuel tube with economic impact, positive or negative, the closing date for comments, specified an improved tube; and ASB No. 73– on a substantial number of small entities above, will be considered before taking A0231, Revision 1, May 3, 1999, that under the criteria of the Regulatory action on the proposed rule. The describes procedures for replacing the Flexibility Act. A copy of the draft proposals contained in this notice may MEC or HMU to fuel flowmeter fuel regulatory evaluation prepared for this be changed in light of the comments tubes with improved tubes. action is contained in the Rules Docket. received. Since an unsafe condition has been A copy of it may be obtained by Comments are specifically invited on identified that is likely to exist or contacting the Rules Docket at the the overall regulatory, economic, develop on other engines of the same location provided under the caption environmental, and energy aspects of type design, the proposed AD would ADDRESSES. the proposed rule. All comments require replacement of the fuel submitted will be available, both before flowmeter to IDG cooler fuel tubes and List of Subjects in 14 CFR Part 39 and after the closing date for comments, MEC or HMU to fuel flowmeter fuel Air transportation, Aircraft, Aviation in the Rules Docket for examination by tubes with improved tubes. The safety, Safety. interested persons. A report improved design fuel tube prevents summarizing each FAA-public contact hang-up of the flange on the tube, thus The Proposed Amendment concerned with the substance of this allowing proper flange seating. The Accordingly, pursuant to the proposal will be filed in the Rules replacement would be required at the authority delegated to me by the Docket. next time the tubes are disconnected, or Administrator, the Federal Aviation Commenters wishing the FAA to the next shop visit after the effective Administration proposes to amend part acknowledge receipt of their comments date of this AD, whichever occurs first. 39 of the Federal Aviation Regulations submitted in response to this notice The actions are required to be (14 CFR part 39) as follows:

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PART 39ÐAIRWORTHINESS Note 2: Information on performing the leak concentrations. This proposal is DIRECTIVES check can be found in the Aircraft prompted by reports of load compressor Maintenance Manual, 71–00–00. impeller failures. The actions specified 1. The authority citation for part 39 (b) For the purpose of this AD, a shop visit by the proposed AD are intended to continues to read as follows: is defined as any time an engine is removed prevent an uncontained APU failure and Authority: 49 U.S.C. 106(g), 40113, 44701. from service and returned to the shop for any damage to the airplane. maintenance. § 39.13 [Amended] (c) For the purpose of this AD, a DATES: Comments must be received by November 8, 1999. 2. Section 39.13 is amended by serviceable part is defined as any part other adding the following new airworthiness than tube, P/N 1321M42G01, for the fuel ADDRESSES: Submit comments in flowmeter to IDG cooler; tube; P/N directive: triplicate to the Federal Aviation 1334M88G01, and bolt, P/N MS9557–12, for Administration (FAA), New England General Electric Company: Docket No. 99– the MEC to fuel flowmeter tube; and tubes, Region, Office of the Regional Counsel, NE–24–AD. P/Ns 1383M12G01 and 1374M30G01, for the Attention: Rules Docket No. 99–NE–34– HMU to fuel flowmeter fuel tubes. Applicability: General Electric Company AD, 12 New England Executive Park, (GE) CF6–80C2 A1/ A2/ A3/ A5/ A8/ A5F/ (d) An alternative method of compliance or B1/ B2/ B4/ B6/ B1F/ B2F/ B4F/ B6F/ B7F/ adjustment of the compliance time that Burlington, MA 01803–5299. Comments D1F turbofan engines, installed on but not provides an acceptable level of safety may be may also be sent via the Internet using limited to Airbus Industrie A300–600/ 600R used if approved by the Manager, Engine the following address: ‘‘9-ane- series and A310–200Adv/ 300 series, and Certification Office. Operators shall submit [email protected]’’. Comments sent Boeing 747–200/ 300/ 400 series and 767– their request through an appropriate FAA via the Internet must contain the docket 200ER/ 300/ 300ER/ 400ER and McDonnell Principal Maintenance Inspector, who may number in the subject line. Comments Douglas MD–11 series airplanes. add comments and then send it to the may be inspected at this location Note 1: This airworthiness directive (AD) Manager, Engine Certification Office. between 8:00 a.m. and 4:30 p.m., applies to each engine identified in the Note 3: Information concerning the Monday through Friday, except Federal preceding applicability provision, regardless existence of approved alternative methods of holidays. of whether it has been modified, altered, or compliance with this airworthiness directive, repaired in the area subject to the if any, may be obtained from the Engine The service information referenced in requirements of this AD. For engines that Certification Office. the proposed rule may be obtained from have been modified, altered, or repaired so (e) Special flight permits may be issued in AlliedSignal Aerospace Services Attn: that the performance of the requirements of accordance with §§ 21.197 and 21.199 of the Data Distribution, M/S 64–3/2101–201, this AD is affected, the owner/operator must Federal Aviation Regulations (14 CFR 21.197 P.O. Box 29003, Phoenix, AZ 85038– request approval for an alternative method of and 21.199) to operate the airplane to a 9003; telephone (602) 365–2493, fax compliance in accordance with paragraph (c) location where the requirements of this AD (602) 365–5577. This information may of this AD. The request should include an can be accomplished. assessment of the effect of the modification, be examined at the FAA, New England alteration, or repair on the unsafe condition Issued in Burlington, Massachusetts, on Region, Office of the Regional Counsel, addressed by this AD; and, if the unsafe August 30, 1999. 12 New England Executive Park, condition has not been eliminated, the David A. Downey, Burlington, MA. request should include specific proposed Assistant Manager, Engine and Propeller FOR FURTHER INFORMATION CONTACT: actions to address it. Directorate, Aircraft Certification Service. Roger Pesuit, Aerospace Engineer, Los Compliance: Required as indicated, unless [FR Doc. 99–23254 Filed 9–7–99; 8:45 am] Angeles Aircraft Certification Office, accomplished previously. BILLING CODE 4910±13±U FAA, Transport Airplane Directorate, To prevent improper fuel tube flange seating, resulting in high pressure fuel leaks, 3960 Paramount Blvd., Lakewood, CA which could result in an engine fire and 90712–4137; telephone (562) 627–5251, damage to the airplane, accomplish the DEPARTMENT OF TRANSPORTATION fax (562) 627–5210. following: SUPPLEMENTARY INFORMATION: (a) At the next time the tubes are Federal Aviation Administration disconnected for on-wing maintenance, or Comments Invited 14 CFR Part 39 the next shop visit after the effective date of Interested persons are invited to this AD, whichever occurs first, replace the [Docket No. 99±NE±34±AD] participate in the making of the old configuration fuel tubes with the proposed rule by submitting such improved tubes, as follows: RIN 2120±AA64 (1) Replace the fuel flowmeter to Integrated written data, views, or arguments as Drive Generator (IDG) cooler fuel tube, part Airworthiness Directives; AlliedSignal they may desire. Communications number (P/N) 1321M42G01, with a Inc. 36±300(A), 36±280(B), and 36± should identify the Rules Docket serviceable part in accordance with 280(D) Series Auxiliary Power Units number and be submitted in triplicate to paragraph 2 of GE Alert Service Bulletin the address specified above. All (ASB) No. 73–A224, Revision 2, July 9, 1997 AGENCY: Federal Aviation communications received on or before and perform a leak check after accomplishing Administration, DOT. the closing date for comments, specified the replacement. (2) Replace Main Engine Control (MEC) to ACTION: Notice of proposed rulemaking above, will be considered before taking fuel flowmeter fuel tube, P/N 1334M88G01, (NPRM). action on the proposed rule. The and bolts, P/N MS9557–12, with serviceable proposals contained in this notice may parts, in accordance with paragraph 3A for SUMMARY: This document proposes the be changed in light of the comments engines with Power Management Controls, or adoption of a new airworthiness received. Hydromechanical Unit (HMU) to fuel directive (AD) that is applicable to Comments are specifically invited on flowmeter fuel tubes, P/Ns 1383M12G01 and AlliedSignal Inc. 36–300(A), 36–280(B), the overall regulatory, economic, 1374M30G01 with serviceable parts, in and 36–280(D) series Auxiliary Power environmental, and energy aspects of accordance with paragraph 3B for engines Units (APUs). This proposal would the proposed rule. All comments with Full Authority Digital Electronic Controls, in accordance with GE ASB No. 73– require installation of an external load submitted will be available, both before A0231, Revision 1, May 3, 1999; and perform compressor containment shield, or and after the closing date for comments, a leak check after accomplishing the installation of a load compressor in the Rules Docket for examination by replacement. impeller with lower stress interested persons. A report

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This condition, if not corrected, in accordance with Executive Order Commenters wishing the FAA to could result in an uncontained APU 12612, it is determined that this acknowledge receipt of their comments failure and damage to the airplane. proposal would not have sufficient submitted in response to this notice The FAA has reviewed and approved federalism implications to warrant the must submit a self-addressed, stamped the technical contents of AlliedSignal preparation of a Federalism Assessment. postcard on which the following Inc. Service Bulletins (SBs) No. For the reasons discussed above, I statement is made: ‘‘Comments to GTCP36–49–7471, dated April 20, 1999, certify that this proposed regulation (1) Docket Number 99–NE–34–AD.’’ The GTCP36–49–7472, dated March 31, Is not a ‘‘significant regulatory action’’ postcard will be date stamped and 1999, and GTCP36–49–7473, dated under Executive Order 12866; (2) is not returned to the commenter. March 31, 1999, that describe a ‘‘significant rule’’ under the DOT procedures for installation of an Availability of NPRMs Regulatory Policies and Procedures (44 external load compressor containment FR 11034, February 26, 1979); and (3) if Any person may obtain a copy of this shield. promulgated, will not have a significant NPRM by submitting a request to the Since an unsafe condition has been economic impact, positive or negative, FAA, New England Region, Office of the identified that is likely to exist or on a substantial number of small entities Regional Counsel, Attention: Rules develop on other products of the same under the criteria of the Regulatory Docket No. 99–NE–34–AD, 12 New design, the proposed AD would require Flexibility Act. A copy of the draft England Executive Park, Burlington, MA installation of an external load regulatory evaluation prepared for this 01803–5299. compressor containment shield at the action is contained in the Rules Docket. Discussion next shop visit, or 6 months after the A copy of it may be obtained by effective date of this AD, whichever contacting the Rules Docket at the The Federal Aviation Administration occurs first. The 6 month time frame is (FAA) has received reports of load location provided under the caption based upon engineering assessment of ADDRESSES. compressor impeller cracks on the risk of operating without AlliedSignal Inc. 36–300(A), 36–280(B), containment. An additional compliance List of Subjects in 14 CFR Part 39 and 36–280(D) series Auxiliary Power option would be installation of a load Air transportation, Aircraft, Aviation Units (APUs). In three incidents, the compressor impeller, P/N 3822270–5, to safety, Safety. load compressor impellers separated, extend cyclic service life to 26,000 resulting in uncontained APU failures cycles-since-new (CSN) before The Proposed Amendment and debris entering the APU mandatory installation of the Accordingly, pursuant to the compartment. Uncontained APU containment shield. Operators cannot authority delegated to me by the failures potentially could damage operate with a load compressor Administrator, the Federal Aviation wiring, control and fluid lines, and installed, P/N 3822270–5, past 26,000 Administration proposes to amend part airplane structure. Investigation CSN unless they have installed an 39 of the Federal Aviation Regulations revealed that the outboard rim of the external containment shield. The (14 CFR part 39) as follows: load compressor impeller can crack at actions would be required to be the damper ring groove location. Cracks accomplished in accordance with the PART 39ÐAIRWORTHINESS propagate circumferentially, leading to SBs described previously. DIRECTIVES loss of sections of the rim from the There are approximately 1,044 APUs 1. The authority citation for part 39 impeller. The load compressor impeller of the affected design in the worldwide continues to read as follows: was designed with a damper ring. The fleet. The FAA estimates that 465 APUs damper ring retention groove was installed on airplanes of US registry Authority: 49 U.S.C. 106(g), 40113, 44701. machined into the impeller with a tight would be affected by this proposed AD, § 39.13 [Amended] radius at the corners. The resulting high that it would take approximately 6 work 2. Section 39.13 is amended by stress concentrations caused cracking hours per Model 36–300(A) APU (85 adding the following new airworthiness which progresses circumferentially units) to accomplish the proposed directive: allowing pieces of the rim to fail actions, and 8 work hours per Model radially outward. The condition is most 36–280(D) APU (380 units), and that the AlliedSignal Inc.: Docket No. 99–NE–34–AD. acute on impellers that were originally average labor rate is $60 per work hour. Applicability: AlliedSignal Inc. 36–300(A), manufactured with a 0.005 inch radius. Required parts would cost 36–280(B), and 36–280(D) series Auxiliary Some of these parts were subsequently approximately $3,103 per APU. Fifteen Power Units (APUs), installed on but not modified to 0.035 inch radius and carry limited to Airbus Industrie A319, A320, and installations on domestic Boeing 737 A321 series; Boeing 737–300, –400, –500 a 3822270–4 part number (P/N) aircraft (Model 36–280(B)) would series; and McDonnell Douglas MD–80 series designation. All of the parts that have require a tube assembly kit, which airplanes. failed in service accumulated a portion would cost approximately $1,042. The Note 1: This airworthiness directive (AD) of their operating time with the 0.005 manufacturer has informed the FAA applies to each APU identified in the inch radius condition. The P/N that it may offset some of these costs preceding applicability provision, regardless 3822270–5 configuration was originally thereby lowering the total cost to of whether it has been modified, altered, or manufactured with the 0.035 inch operators. Based on these figures, the repaired in the area subject to the radius. Although none of the ¥5 parts total cost impact of the proposed AD on requirements of this AD. For APUs that have have failed in service, the stress US operators is estimated to be been modified, altered, or repaired so that the concentration at the 0.035 inch radius is performance of the requirements of this AD $1,725,270. is affected, the owner/operator must request sufficiently high to initiate low cycle The regulations proposed herein approval for an alternative method of fatigue cracking at higher service times. would not have substantial direct effects compliance in accordance with paragraph (e) Four ¥5 configuration parts have been on the States, on the relationship of this AD. The request should include an tested to failure by the manufacturer between the national government and assessment of the effect of the modification,

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Where necessary, EPA’s following: proposed emission standards and (a) For APUs with load compressor AGENCY: Environmental Protection associated requirements modify those impellers, part number (P/N) 3822270–4, at Agency. extracted from Arizona’s regulatory the next shop visit, or within 6 months after ACTION: Proposed rule. programs to ensure comprehensive the effective date of this AD, whichever emission control and federal occurs first, accomplish either of the SUMMARY: The Environmental Protection consistency. following: Agency (EPA) proposes to promulgate a (1) Install an external load compressor source-specific Federal Implementation B. Facility containment shield in accordance with Plan (FIP) to regulate emissions from the AlliedSignal Inc. Service Bulletins (SBs) No. NGS is a privately owned and Navajo Generating Station (NGS), a coal- operated coal-fired power plant located GTCP36–49–7471, dated April 20, 1999, fired power plant located on the Navajo GTCP36–49–7472, dated March 31, 1999, and on the Navajo Indian Reservation. Indian Reservation near Page, Arizona. GTCP36–49–7473, dated March 31, 1999, as Through lease agreements, the facility applicable; or DATES: Comments must be received on utilizes real property held in trust by the (2) Install load compressor impeller, P/N or before October 8, 1999. federal government for the Navajo 3822270–5. ADDRESSES: Written comments should Nation. The facility operates three units, (b) For APUs with load compressor be addressed to: Douglas K. McDaniel, each with a capacity of 750 megawatts impellers, P/N 3822270–5, install an external Air Division (AIR–8), U.S. EPA Region (MW). load compressor containment shield within 6 IX, 75 Hawthorne Street, San Francisco, NGS is located just east of Page, months after the effective date of this AD, or CA 94105–3901. Arizona, approximately 135 miles north prior to exceeding 26,000 cycles-since-new FOR FURTHER INFORMATION CONTACT: of Flagstaff. Operations at the facility (CSN), whichever occurs later, in accordance Douglas K. McDaniel, Air Division produce emissions of sulfur dioxide with AlliedSignal Inc. SBs No. GTCP36–49– (AIR–8), U.S. EPA Region IX, 75 (SO2), nitrogen dioxide (NOX) and 7471, dated April 20, 1999, GTCP36–49– particulate matter (PM). 7472, dated March 31, 1999, and GTCP36– Hawthorne Street, San Francisco, CA 49–7473, dated March 31, 1999, as 94105–3901, (415) 744–1246. C. Attainment SUPPLEMENTARY INFORMATION: applicable. NGS is located in the Northern (c) Operators cannot operate with a load Table of Contents Arizona Intrastate air quality control compressor, P/N 3822270–5, installed, past 26,000 cycles unless they have installed an I. Background region (AQCR), which is designated improved external containment shield. A. Action attainment for all criteria pollutants (d) For the purpose of this AD, a shop visit B. Facility under the Clean Air Act (CAA or ‘‘the is defined as when the APU is inducted into C. Attainment Act’’). 40 CFR 81.303. As the NGS a shop for any reason. D. Visibility proposed FIP merely federalizes the (e) An alternative method of compliance or E. Jurisdictional Issue regulatory scheme with which the plant adjustment of the compliance time that II. Basis for Proposed Action has been complying, EPA believes that A. EPA’s Authority to Promulgate a FIP in provides an acceptable level of safety may be air quality, and hence the attainment Indian Country used if approved by the Manager, Los B. Relation to Tribal Authority Rule status, in this area will not be negatively Angeles Aircraft Certification Office. 1 III. Navajo Generating Station—Facility impacted by this action. Operators shall submit their request through Description D. Visibility an appropriate FAA Principal Maintenance IV. Summary of FIP Provisions Inspector, who may add comments and then A. State Standards Sections 169A and 110(c) of the Act send it to the Manager, Los Angeles Aircraft B. Visibility FIP require EPA to take appropriate Certification Office. C. Acid Rain Requirements measures to remedy certified visibility Note 2: Information concerning the D. Proposed FIP Standards impairments in mandatory Class I areas existence of approved alternative methods of E. Summary of Changes from State where the visibility impairment is compliance with this airworthiness directive, Standards reasonably attributed to a specific if any, may be obtained from the Los Angeles F. Compliance Schedule source. On September 5, 1989, EPA Aircraft Certification Office. V. Solicitation of Comments VI. Administrative Requirements preliminarily attributed a significant (f) Special flight permits may be issued in A. Executive Order 12866 portion of wintertime visibility accordance with §§ 21.197 and 21.199 of the B. Regulatory Flexibility impairment in the Grand Canyon Federal Aviation Regulations (14 CFR 21.197 C. Unfunded Mandates Reform Act National Park to NGS (54 FR 36948). On and 21.199) to operate the airplane to a D. Paperwork Reduction Act October 3, 1991, EPA revised the location where the requirements of this AD E. Executive Order 13045: Protection of visibility FIP for the state of Arizona to can be accomplished. Children from Environmental Health include an SO2 emission limit for NGS Issued in Burlington, Massachusetts, on Risks and Safety Risks to remedy visibility impairment in the September 1, 1999. F. Executive Order 12875: Enhancing the Intergovernmental Partnership Jay J. Pardee, 1 G. Executive Order 13084: Consultation A different conclusion may be reached by EPA, Manager, Engine and Propeller Directorate, however, if, for example, there were evidence that and Coordination With Indian Tribal Aircraft Certification Service. the source to be regulated by the FIP is causing or Governments contributing to violations of the applicable NAAQS, [FR Doc. 99–23284 Filed 9–7–99; 8:45 am] H. National Technology Transfer and or was located in an area that is designated BILLING CODE 4910±13±U Advancement Act nonattainment for such NAAQS.

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Grand Canyon National Park. 56 FR 301(d) of the Act, entitled ‘‘Indian under the TAR to regulate sources of air 50172, 40 CFR 52.145. Under the Tribes: Air Quality Planning and pollution located on the Reservation visibility FIP, NGS is required to phase- Management,’’ on February 12, 1998. 63 under the Clean Air Act. Based on in compliance with the SO2 emission FR 7254. The rule is generally referred discussions with the Tribe, however, limit, by unit, in 1997, 1998, and 1999. to as the ‘‘Tribal Authority Rule’’ or EPA believes that it will be at least The visibility FIP is not being ‘‘TAR’’. several months before the Tribe will be amended or changed by today’s action. In the preamble to the proposed 2 and ready to seek authority under the TAR The visibility FIP remains in full force final rule, EPA discusses generally the to assume Clean Air Act planning and effect and this rulemaking does not legal basis under the CAA by which responsibilities and that, when they do provide an opportunity for public EPA and tribes are authorized to so, the Tribe intends to build its comment or judicial review of EPA’s regulate sources of air pollution in capacity and seek authority for the earlier actions promulgating the Indian country. EPA concluded that the various Clean Air Act programs over visibility FIP. CAA constitutes a statutory grant of time, rather than all at once. The Tribe jurisdictional authority to Indian tribes has advised EPA that it continues to E. Jurisdictional Issue that allows them to develop air support EPA’s efforts to impose such Historically, emissions of air programs for EPA approval in the same controls on NGS as are necessary to pollutants from the NGS facility have manner as states. 63 FR at 7254–7259; ensure continued compliance with the been regulated under provisions of the 59 FR 43958–43960. substantive requirements of the Arizona Arizona air pollution control program, EPA also concluded that the CAA SIP and permits, notwithstanding the in accordance with the Arizona SIP. authorizes EPA to protect air quality recent promulgation of the TAR. However, States are generally precluded throughout Indian country, including on Therefore, in this proposed FIP, EPA from enforcing their civil regulatory fee lands. See 63 FR 7262; 59 FR 43960– is exercising its discretionary authority programs on Tribal lands, absent an 43961 (citing to CAA sections 101(b)(1), under sections 301(a) and 301(d)(4) of explicit Congressional authorization or 301(a), and 301(d)). In fact, in the CAA and 40 CFR 49.11(a) to State-Tribal agreement. See California v. promulgating the TAR, EPA specifically promulgate a federal implementation Cabazon Band of Mission Indians, 480 provided that, pursuant to the plan in order to remedy an existing U.S. 202 (1987). discretionary authority explicitly regulatory gap under the Act with Both the Navajo Nation and members granted to EPA under sections 301(a) respect to NGS. Although the facility of the regulated community have and 301(d)(4) of the Act, EPA has been historically regulated by queried EPA concerning the ‘‘shall promulgate without unreasonable Arizona for the most part since its jurisdictional issue of who has authority delay such federal implementation plan construction, the state lacks jurisdiction under the Act to regulate air emissions provisions as are necessary or appropriate to over the facility or its owners or from NGS. Upon review of the protect air quality, consistent with the operators for CAA compliance or circumstances surrounding the location provisions of sections 304(a) and 301(d)(4), if enforcement purposes. The Tribe has and operation of NGS on the Navajo a tribe does not submit a tribal not submitted a tribal implementation Indian Reservation, EPA concluded that implementation plan meeting the plan to address emissions from NGS and jurisdiction under the Act over this completeness criteria of 40 CFR part 51, Appendix V, or does not receive EPA has indicated to EPA that it prefers to facility lies with EPA and the Navajo have EPA address the emissions from Nation. EPA met with representatives of approval of a submitted tribal implementation plan.’’ 63 FR at 7273 NGS at this time. Since the Navajo the State of Arizona, the Navajo Nation (codified at 40 CFR 49.11(a)).3 Nation does not presently have a and NGS to discuss this jurisdictional federally approved TIP, in the absence It is EPA’s policy to aid tribes in issue. All parties have expressed of a comprehensive FIP the applicable developing comprehensive and effective agreement with this conclusion. regulatory requirements arising under air quality management programs by state law would not be enforceable. II. Basis for Proposed Action providing technical and other assistance EPA’s FIP will federalize requirements to them. EPA recognizes, however, that A. EPA’s Authority To Promulgate a FIP contained in the Arizona SIP that were just as it required many years to develop in Indian Country applicable to NGS and permits issued state and federal programs to cover pursuant to the SIP. Given the EPA’s conclusion that CAA lands subject to state jurisdiction, it will magnitude of the emissions from the jurisdiction over NGS lies with EPA and also require time to develop tribal and plant, EPA believes that the proposed the Navajo Nation necessarily leads to federal programs to cover reservations FIP provisions are both necessary and the conclusion that a regulatory gap and other lands subject to tribal appropriate to protect air quality on the exists with regard to this facility. EPA jurisdiction. 59 FR 43961. Reservation. is thus proposing to remedy this gap The Navajo Nation has expressed a with a source-specific FIP. This FIP will strong interest in seeking authority B. Relation to Tribal Authority Rule in essence federalize the Arizona SIP and permit requirements with which the 2 See 59 FR 43956 (August 25, 1994). As discussed above, under section facility has been complying. 301(d) of the Act, a tribe may develop 3 In the preamble to the final TAR, EPA explained The Clean Air Act Amendments of that it believed it was inappropriate to treat tribes and implement one or more of its own 1990 greatly expanded the role of Indian in the same manner as States with respect to section air quality programs under the Act tribes in implementing the provisions of 110(c) of the Act, which directs EPA to promulgate through a Tribal Air Program. On the Clean Air Act in Indian country. a FIP within two years after EPA finds a state has February 12, 1998, EPA promulgated failed to submit a complete state plan or within two Section 301(d) of the Act authorizes years after EPA disapproval of a state plan. regulations under Section 301(d) of the EPA to issue regulations specifying the Although EPA is not required to promulgate a FIP Act which provide the framework for provisions of the Clean Air Act for within the two year period for tribes, EPA tribes to obtain authority to administer which Indian tribes may be treated in promulgated 40 CFR 49.11(a) to clarify that EPA federally-approved and federally- will continue to be subject to the basic requirement the same manner as states. See CAA to issue any necessary or appropriate FIP provisions enforceable programs under the Act, sections 301(d)(1) and (2). EPA for affected tribal areas within some reasonable including tribal implementation plans. promulgated the final rule under section time. See 63 FR 7264–7265. See 59 FR 43956, August 25, 1994

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(proposed rule) and 63 FR 7254, million BTU on a plant-wide rolling Although the Arizona permit did not February 12, 1998 (final rule). annual basis, and scrubbers must be state this explicitly, this was the way The Navajo Nation now has the installed and operable on all three units that Arizona determined compliance at option of assuming responsibility for the by August 19, 1999. The scrubbers were the NGS historically. development and implementation of installed and operating on the last of the 2. The proposed opacity standard federally enforceable air quality three units in February, 1999. specifically excludes water vapor. NGS programs under the Clean Air Act. Until The SO2 scrubbers will substantially has opacity monitors on each of its a federally approved Navajo Nation TIP lower the SO2 emissions from Navajo stacks; water vapor, which will be is in place with regulations which cover Generating Station. When the scrubbers present in all stacks because of the SO2 NGS, however, EPA has exclusive are operating, SO2 emissions will be less scrubbers, causes inaccurate excess jurisdiction to regulate the source under than .1 pounds per million BTU. The emission readings on the opacity the Act. Once final, the regulations visibility FIP standards are an annual monitors. proposed today will remain in effect average, as this was determined to be 3. The standard for SO2 is slightly until a TIP governing NGS is in place protective of visibility resources in the changed. The method of compliance and the FIP is withdrawn. Grand Canyon. determination has been changed from The visibility FIP is not being one based on the sulfur content of coal III. Navajo Generating Station—Facility amended or changed by today’s action. Description to one based on continuous emission The visibility FIP remains in full force monitoring (CEM). The facility has The NGS is a 2250 MW coal-fired and effect and this rulemaking does not experienced difficulty with the analysis power plant located on the Navajo provide an opportunity for public of the sulfur content of coal, and the Indian Reservation near Page, Arizona. comment or judicial review of EPA’s federal acid rain regulations require The NGS is a baseload generating earlier actions promulgating the CEM monitoring. CEM monitoring is station consisting of three 750 MW units visibility FIP. generally recognized as being more which became operational between C. Acid Rain Requirements accurate and precise than monitoring 1974 and 1976. The Salt River Project the sulfur content of coal. NGS is subject to Acid Rain (SRP) is the operating agent for NGS Compliance with the Arizona permit requirements. They elected to comply which is jointly owned by SRP, the Los limits was determined on a per-unit early as a Phase I NOX facility; this Angeles Department of Water and basis. NGS complied with these limits means they have a NOX limit of .45 Power, the Arizona Public Service, the by using very low sulfur coal. Now, pounds per million BTU, per unit, on an Nevada Power Company, and the because of the presence of the scrubbers, annual basis. This limit applies until Tucson Electric Power Company. NGS will be able to comply with its 2008, when it will be lowered to .40 Existing pollution control equipment at short-term limits by removing sulfur pounds per million BTU. NGS also has NGS includes electrostatic precipitators from the exhaust stream. This will allow specific SO2 allowances per unit. for PM removal and specific burners them to purchase slightly higher sulfur designed for NOX control. Furthermore, D. Proposed FIP Standards coal; additionally, the plant-wide the visibility FIP for the State of Arizona 1. Particulate matter is limited to average allows one scrubber to be down includes an SO2 emission limit for the for periodic maintenance (lasting NGS. NGS installed limestone wet 0.060 pounds per million BTU averaged over a six hour period, on a plant-wide usually 30 to 40 days) without requiring scrubbers on each unit to reduce SO2 basis. the purchase of specific low sulfur coal emissions by 90%. These scrubbers are for use during the maintenance. now fully operational. Compliance with 2. Opacity is limited to 40 percent averaged over a six minute period, Nevertheless, the actual emissions will the SO2 emission limit in the visibility remain 90% lower on an annual basis FIP will be determined on a plant-wide excluding water vapor. 3. SO2 emissions are limited to 1 than they were before the scrubbers annual rolling average basis (see 40 CFR pound per million BTU averaged over a were installed. 52.145). three hour period, on a plant-wide basis. 4. A number of other changes were IV. Summary of FIP Provisions made relative to the Arizona SIP making E. Summary of Changes From State the FIP specific to NGS and to conform A. State Standards Standards to EPA excess emissions and other The standards in this FIP proposal are 1. The particulate emissions standard reporting and quality assurance generally based on the state standards was changed from 17.0 Q0.4320 pounds procedures. under which the facility has been per hour (where Q is million BTU per F. Compliance Schedule operating (NGS must also continue to hour) to 0.060 pounds per million BTU comply with all other applicable federal because this standard is a generally The EPA proposes that the requirements). These standards, derived recognized form for the particulate requirements contained in this proposal from the Arizona SIP and operating standard and it is more reliably become effective upon promulgation of permit, are summarized as follows: measured. The stringency of the new these regulations, since the emission 1. Particulate matter emissions were standard approximates the old standard: limits established by the proposed FIP limited to 17.0 times Q0.4320 pounds per Using EPA policy of conducting are presently being achieved at the hour where Q is million BTU per hour emissions tests at 90 percent to 100 facility. percent of the facility’s full load, the of heat input to the boilers. V. Solicitation of Comments 2. Opacity was limited to 40 percent. original Arizona equation yields 3. Sulfur oxides emissions were estimated allowable emissions of The EPA solicits comments on all limited to one pound per million BTU, between .057 and 0.061 pounds per aspects of today’s proposal to per unit, three-hour average. million BTU. Thus, a limit of.060 lb/ promulgate a FIP to regulate air MMbtu is appropriate. emissions from NGS. Interested parties B. Visibility FIP The FIP we are proposing specifically should submit comments to the address Under the visibility FIP, SO2 states that the particulate standard will cited in the front of this proposed rule. emissions are limited to 0.1 pounds per be measured on a plant-wide basis. Public comments postmarked by

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October 8, 1999 will be considered in statement, including a cost-benefit apply to the proposed FIP. Nonetheless, the final action taken by EPA. analysis, for proposed rules and for final EPA worked closely with rules for which EPA published a notice representatives of the Tribe in the VI. Administrative Requirements of proposed rulemaking, if those rules development of today’s proposed action. contain ‘‘federal mandates’’ that may A. Executive Order (E.O.) 12866 D. Paperwork Reduction Act result in the expenditure by state, local, Under Executive Order (E.O.) 12866, and tribal governments, in the aggregate, Under the Paperwork Reduction Act, 58 FR 51735 (October 4, 1993), all or by the private sector, of $100 million 44 U.S.C. 3501 et seq., OMB must ‘‘regulatory actions’’ that are or more in any one year. If section 202 approve all ‘‘collections of information’’ ‘‘significant’’ are subject to Office of requires a written statement, section 205 by EPA. The Act defines ‘‘collection of Management and Budget (OMB) review of UMRA generally requires EPA to information’’ as a requirement for and the requirements of the Executive identify and consider a reasonable ‘‘answers to * * * identical reporting or Order. A ‘‘regulatory action’’ is defined number of regulatory alternatives. recordkeeping requirements imposed on as ‘‘any substantive action by an agency Under section 205, EPA must adopt the ten or more persons * * *.’’ 44 U.S.C. (normally published in the Federal least costly, most cost-effective, or least 3502(3)(A). Because the proposed FIP Register) that promulgates or is burdensome alternative that achieves only applies to one company, the expected to result in the promulgation the objectives of the rule, unless the Paperwork Reduction Act does not of a final rule or regulation, including Administrator publishes with the final apply. ** * notices of proposed rulemaking.’’ rule an explanation why EPA did not E. Executive Order 13045: Protection of A ‘‘regulation or rule’’ is defined as ‘‘an adopt that alternative. The provisions of agency statement of general Children From Environmental Health section 205 do not apply when they are Risks and Safety Risks applicability and future effect, * * *.’’ inconsistent with applicable law. The proposed FIP is not subject to Section 204 of UMRA requires EPA to This executive order applies to any OMB review under E.O. 12866 because develop a process to allow elected rule that: (1) Is determined to be it applies to only a single, specifically officers of state, local, and tribal ‘‘economically significant’’ as that term named facility and is therefore not a governments (or their designated, is defined in E.O. 12866, and (2) rule of general applicability. Thus, it is authorized employees), to provide concerns an environmental health or not a ‘‘regulatory action’’ under E.O. meaningful and timely input in the safety risk that EPA has reason to 12866. development of EPA regulatory believe may have a disproportionate B. Regulatory Flexibility proposals containing significant Federal effect on children. If the regulatory intergovernmental mandates. action meets both criteria, the Agency Under the Regulatory Flexibility Act, EPA has determined that the must evaluate the environmental health 5 U.S.C. section 601 et. seq., EPA must proposed FIP contains no federal or safety effects of the planned rule on prepare a regulatory flexibility analysis mandates on state, local or tribal children, and explain why the planned assessing the impact of any proposed or governments, because it will not impose regulation is preferable to other final rule on small entities. 5 U.S.C. any enforceable duties on any of these potentially effective and reasonably sections 603 and 604. Alternatively, entities. EPA further has determined feasible alternatives considered by the EPA may certify that the rule will not that the proposed FIP is not likely to Agency. have a significant economic impact on result in the expenditure of $100 EPA interprets E.O. 13045 as applying a substantial number of small entities. million or more by the private sector in only to those regulatory actions that are Small entities include small businesses, any one year. Although the proposed based on health or safety risks, such that small not-for-profit enterprises, and FIP would impose enforceable duties on the analysis required under section 5– government entities with jurisdiction an entity in the private sector, the costs 501 of the Order has the potential to over populations of less than 50,000. are expected to be minimal. influence the regulation. The NGS FIP is The federal implementation plan for the Consequently, sections 202, 204, and not subject to E.O. 13045 because it Navajo Generating Station proposed 205 of UMRA do not apply to the implements previously promulgated today does not impose any new proposed FIP. health or safety-based federal standards. requirements on small entities. See Mid- Before EPA establishes any regulatory F. Executive Order 12875: Enhancing Tex Electric Cooperative, Inc. v. FERC, requirements that might significantly or the Intergovernmental Partnership 773 F.2d 327 (D.C. Cir. 1985) (agency’s uniquely affect small governments, it certification need only consider the must have developed under section 203 Under Executive Order 12875, EPA rule’s impact on entities subject to the of UMRA a small government agency may not issue a regulation that is not requirements of the rule). Therefore, plan. The plan must provide for required by statute and that creates a pursuant to 5 U.S.C. 605(b), EPA notifying potentially affected small mandate upon a state, local or tribal certifies that today’s action does not governments, enabling officials of government, unless the Federal have a significant impact on a affected small governments to have government provides the funds substantial number of small entities meaningful and timely input in the necessary to pay the direct compliance within the meaning of those terms for development of EPA regulatory costs incurred by those governments, or RFA purposes. proposals with significant Federal EPA consults with those governments. If intergovernmental mandates, and EPA complies by consulting, Executive C. Unfunded Mandates Reform Act informing, educating, and advising Order 12875 requires EPA to provide to Title II of the Unfunded Mandates small governments on compliance with the Office of Management and Budget a Reform Act of 1995, Pub.L. 04–4, the regulatory requirements. description of the extent of EPA’s prior establishes requirements for federal EPA has determined that the consultation with representatives of agencies to assess the effects of their proposed FIP will not significantly or affected State, local and tribal regulatory actions on state, local, and uniquely affect small governments, governments, the nature of their tribal governments and the private because it imposes no requirements on concerns, any written communications sector. Under section 202 of UMRA, small governments. Therefore, the from the governments, and EPA’s EPA generally must prepare a written requirements of section 203 do not position supporting the need to issue

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National Technology Transfer and incorporate suitable VCS as they Order 12875 requires EPA to develop an Advancement Act become available. effective process permitting elected Section 12(d) of the National Particulate Matter Emissions—EPA officials and other representatives of Technology Transfer and Advancement Methods 1 though 5 state, local and tribal governments ‘‘to Act of 1995 (NTTAA), Public Law 104– Opacity—EPA Method 9 and provide meaningful and timely input in 113, 12 (15 U.S.C. 272 note) directs EPA Performance Specification Test 1 for the development of regulatory proposals to use voluntary consensus standards in Opacity Monitoring containing significant unfunded its regulatory activities unless to do so SO2—EPA Method 6C and mandates.’’ would be inconsistent with applicable Performance Specification 2 for As stated above, the proposed FIP will law or otherwise impractical. Voluntary Continuous SO2 Monitoring not create a mandate on state, local or consensus standards (VCS) are technical List of Subjects tribal governments because it will not standards (e.g. materials specifications, impose any enforceable duties on these test methods, sampling procedures and 40 CFR Part 49 entities. Accordingly, the requirements business practices) that are developed or Environmental protection, Air of section 1(a) of Executive Order 12875 adopted by the voluntary consensus pollution control, Indians, do not apply to this rule. Nonetheless, standards bodies. The NTTAA directs Intergovernmental relations, Reporting EPA worked closely with EPA to provide Congress, through and recordkeeping. annual reports to OMB, with representatives of the Tribe during the 40 CFR Part 52 development of today’s proposed action. explanations when the Agency decides not to use available and applicable Environmental protection, Air G. Executive Order 13084: Consultation voluntary consensus standards. pollution control, Intergovernmental and Coordination With Indian Tribal A consensus standard, ASTM D6216– relations, Particulate matter, Reporting Governments 98, appears to be practical for use in lieu and recordkeeping requirements, Sulfur of EPA Performance Specification 1 (see oxides. Under Executive Order 13084, EPA 40 CFR part 60, appendix B) for the Dated: August 27, 1999. may not issue a regulation that is not opacity monitoring to be required for required by statute, that significantly or this facility. On September 23, 1998, Carol M. Browner, uniquely affects the communities of EPA proposed incorporating by Administrator. Indian tribal governments, and that reference ASTM D6216–98 into Title 40, chapter I of the Code of imposes substantial direct compliance Performance Specification 1 under a Federal Regulations is proposed to be costs on those communities, unless the separate rulemaking (63 FR 50824) that amended as follows: federal government provides the funds would allow broader use and necessary to pay the direct compliance application of this consensus standard. PART 49ÐTRIBAL CLEAN AIR ACT costs incurred by the tribal EPA plans to complete this action in the AUTHORITY governments, or EPA consults with near future. As it would be impractical 1. The authority citation for part 49 those governments. If EPA complies by for EPA to act independently from continues to read as follows: consulting, Executive Order 13084 rulemaking activity already undergoing requires EPA to provide to the Office of notice and comment, EPA defers taking Authority: 42 U.S.C. 7401, et seq. Management and Budget, in a separately action in the current rulemaking that 2. Part 49 is proposed to be amended identified section of the preamble to the would immediately adopt D6216–98, by adding § 49.20 to read as follows: rule, a description of the extent of EPA’s and we will therefore require use of EPA prior consultation with representatives Performance Specification 1 in the § 49.20 Federal Implementation Plan of affected tribal governments, a interim. Provisions for Navajo Generating Station, Navajo Nation. summary of the nature of their concerns, In regard to the remaining and a statement supporting the need to measurement needs as listed below, (a) Applicability. The provisions of issue the regulation. In addition, there are a number of voluntary this section shall apply to each owner Executive Order 13084 requires EPA to consensus standards that appear to have or operator of the fossil fuel-fired, develop an effective process permitting possible use in lieu of the EPA test steam-generating equipment designated elected and other representatives of methods and performance specifications as Units 1, 2, and 3, and the two Indian tribal governments ‘‘to provide (40 CFR part 60 appendices A and B) auxiliary steam boilers at the Navajo meaningful and timely input in the noted next to the measurement Generating Station (NGS) in the Navajo development of regulatory policies on requirements. It would not be practical Indian Reservation located in the matters that significantly or uniquely to specify these standards in the current Northern Arizona Intrastate Air Quality affect their communities.’’ rulemaking due to a lack of sufficient Control Region (see 40 CFR 81.270). data on equivalency and validation and (b) Compliance Dates. Compliance The proposed FIP does not impose because some are still under with the requirements of this section is substantial direct compliance costs on development. However, EPA’s Office of required upon promulgation unless the communities of Indian tribal Air Quality Planning and Standards is otherwise indicated by compliance governments. The proposed FIP imposes in the process of reviewing all available dates contained in specific provisions. obligations only on the owner or VCS for incorporation by reference into (c) Definitions. For the purposes of operator of NGS. Accordingly, the the test methods and performance this section: requirements of section 3(b) of specifications of 40 CFR Part 60, (1) Administrator means the Executive Order 13084 do not apply to Appendices A and B. Any VCS so Administrator of the Environmental this rule. incorporated in a specified test method Protection Agency or his/her authorized As discussed above, EPA worked or performance specification would representative. closely with representatives of the Tribe then be available for use in determining (2) Affirmative defense means, in the during the development of today’s the emissions from this facility. This context of an enforcement proceeding, a proposed action. will be an ongoing process designed to response or defense put forward by a

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(1) all requests, reports, submittals, and objectively evaluated in a judicial Effective sixty (60) days after notifications and other communications or administrative proceeding. promulgation of this section, the owner to the Administrator required by this (3) Malfunction means any sudden or operator shall maintain and operate section shall be submitted to the and unavoidable failure of air pollution CEMS and COMS in accordance with 40 Director, Air Division, U.S. control equipment or process equipment CFR 60.8 and 60.13(e), (f), and (h), and Environmental Protection Agency, or of a process to operate in a normal appendix B of 40 CFR part 60. The Region IX, to the attention of Mail Code: or usual manner. Failures that are owner or operator shall comply with the AIR–5, at 75 Hawthorne Street, San caused entirely or in part by poor quality assurance procedures for CEMS Francisco, California 94105, (415) 744– maintenance, careless operation, or any and COMS found in 40 CFR part 75. 1138, (415) 744–1076 (facsimile). For other preventable upset condition or (2) The owner or operator shall each unit subject to the emissions preventable equipment breakdown shall conduct annual mass emissions tests for limitations in this section the owner or not be considered malfunctions. particulate matter on Units 1, 2, and 3, operator shall: (4) Owner or Operator means any operating at rated capacity, using coal (1) Comply with the notification and person who owns, leases, operates, that is representative of that normally recordkeeping requirements for testing controls or supervises NGS, any of the used. The tests shall be conducted using found in 40 CFR 60.7. All data/reports fossil fuel-fired, steam-generating the appropriate test methods in 40 CFR of testing results shall be submitted to equipment at NGS, or the auxiliary part 60, appendix A. the Administrator and postmarked (3) The owner or operator shall steam boilers at NGS. within 60 days of testing. conduct an initial mass emissions tests (5) Startup shall mean the period from (2) For excess emissions or a for sulfur dioxide, nitrogen oxides and start of fires in the boiler with fuel oil, malfunction, notify the Administrator particulate matter on the two auxiliary to the time when the electrostatic by telephone or in writing within one steam boilers, operating at rated precipitator is sufficiently heated such business day. A complete written report capacity, using oil that is representative of the incident shall be submitted to the that the temperature of the air preheater of that normally used. The test shall inlet reaches 400 degrees Fahrenheit. Administrator within fifteen (15) then be conducted annually or after 720 working days after the event. This Proper startup procedures shall include hours of operation, whichever is later. energizing the electrostatic precipitator notification shall include the following The tests shall be conducted using the information: prior to the combustion of coal in the appropriate test methods in 40 CFR part boiler. (i) The identity of the stack and/or 60, appendix A. other emissions points where excess (6) Shutdown shall be the period from (4) The owner or operator shall cessation of coal fires in the boiler until emissions occurred; maintain two sets of opacity filters for (ii) The magnitude of the excess the electrostatic precipitator is de- each type of COMS, one set to be used energized. The precipitator shall be emissions expressed in the units of the as calibration standards and one set to applicable emissions limitation and the maintained in service until boiler fans be used as audit standards. At least one are disengaged. operating data and calculations used in set of filters shall be on site at all times. determining the magnitude of the excess (d) Emissions Standards—(1) Sulfur (5) All emissions testing and monitor Oxides—No owner or operator shall emissions; evaluation required pursuant to this (iii) The time and duration or discharge or cause the discharge of section shall be conducted in expected duration of the excess sulfur oxides into the atmosphere from accordance with the appropriate method emissions; Units 1, 2 or 3 in excess of 1.0 pound found in 40 CFR part 60, appendices A (iv) The identity of the equipment per million British thermal units (lb/ and B. causing the excess emissions; MMBtu) averaged over any three (3) (6) The owner or operator shall (v) The nature and cause of such hour period, on a plant-wide basis. install, maintain and operate ambient excess emissions; (2) Particulate Matter—No owner or monitors at Glen Canyon Dam for (vi) If the excess emissions were the operator shall discharge or cause the particulate matter (PM2.5 and PM10), result of a malfunction, the steps taken discharge of particulate matter into the nitrogen dioxide, sulfur dioxide, and to remedy the malfunction and the steps atmosphere in excess of 0.060 lb/ ozone. Operation, calibration and taken or planned to prevent the MMBtu averaged over a six (6) hour maintenance of the monitors shall be recurrence of such malfunction; and period, on a plant-wide basis. performed in accordance with 40 CFR (vii) The steps than were taken or are (3) Fugitive Dust—Each owner or part 58, manufacturer’s specification, being taken to limit excess emissions. operator shall operate and maintain the and ‘‘Quality Assurance Handbook for (3) Notify the Administrator verbally existing dust suppression methods for Air Pollution Measurements Systems’’, within one business day whenever an controlling fugitive dust from the coal Volume II, U.S. EPA as applicable to exceedance of the NAAQS has been handling and storage facilities. Within single station monitors. Data obtained measured by a monitor operated in ninety (90) days after promulgation of from the monitors shall be made accordance with this section. The these regulations the owner or operator available to the Administrator upon notification to the Administrator shall shall submit to the Administrator a request. All particulate matter samplers include the time, date, and location of description of the dust suppression shall operate at least every third day, the exceedance, and the pollutant and methods for controlling fugitive dust coinciding with the national particulate concentration of the exceedance. The from the coal handling and storage sampling schedule. verbal notification shall be followed facilities, fly ash handling and storage, (7) Nothing herein shall limit EPA’s within fifteen (15) days by a letter and road sweeping activities. ability to ask for a test at any time under containing the following information: (4) Opacity—No owner or operator section 114 of the Clean Air Act, 42 (i) The time, date, and location of the shall discharge or cause the discharge of U.S.C. 7413, and enforce against any exceedance; emissions into the atmosphere violation of the Clean Air Act or this (ii) The pollutant and concentration of exhibiting greater than 40% opacity, section. the exceedance;

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(iii) The meteorological conditions (i) At all times the facility is operated Subpart DÐArizona existing 24 hours prior to and during the in a manner consistent with good exceedance; practice for minimizing emissions, and 2. Subpart D is proposed to be (iv) For a particulate matter the owner or operator uses best efforts amended by adding § 52.141 to read as exceedance, the 6-minute average regarding planning, design, and follows: opacity monitoring data greater than operating procedures to meet the § 52.141 Federal Implementation Plan for 40% for the 24 hours prior to and otherwise applicable emission limit; Navajo Generating Station, Navajo Nation. during the exceedance; and (ii) The frequency and duration of The Federal Implementation Plan (v) Proposed plant changes such as operation in start-up or shutdown mode regulating emissions from the Navajo operation or maintenance, if any, to are minimized to the maximum extent Generating Station near Page, Arizona is prevent future exceedances. Compliance practicable; and codified at 40 CFR 49.20. with this paragraph (f)(3)(v) shall not (iii) The owner or operator’s actions [FR Doc. 99–23276 Filed 9–7–99; 8:45 am] excuse or otherwise constitute a defense during start-up and shutdown periods BILLING CODE 6560±50±P to any violations of this section or of are documented by properly signed, any law or regulation which such excess contemporaneous operating logs, or emissions or malfunction may cause. other relevant evidence. (4) Submit quarterly excess emissions ENVIRONMENTAL PROTECTION reports for sulfur dioxide and opacity as (3) Emissions in excess of the level of AGENCY the applicable emission limit or recorded by CEMS and COMS together 40 CFR Parts 49 and 52 with a CEMS data assessment report to requirement that occur due to a the Administrator no later than 30 days malfunction shall constitute a violation [FRL±6432±6] after each calendar quarter. The owner of the applicable emission limit. RIN 2060±AF42 or operator shall complete the excess However, it shall be an affirmative defense in an enforcement action emissions reports according to the Source Specific Federal procedures in 40 CFR 60.7 (c) and (d) seeking penalties if the owner or operator has met with all of the Implementation Plan for Four Corners and appendix F of 40 CFR part 60. Power Plant; Navajo Nation Excess opacity due to uncondensed following conditions: water vapor in the stack does not (i) The malfunction was the result of AGENCY: Environmental Protection constitute a reportable exceedence. a sudden and unavoidable failure of Agency. (g) Compliance Certifications. process or air pollution control ACTION: Proposed rule. Notwithstanding any other provision in equipment and did not result from this implementation plan, the owner or inadequate design or construction of the SUMMARY: The Environmental Protection operator may use any credible evidence process or air pollution control Agency (EPA) proposes to promulgate a or information relevant to whether a equipment; source-specific Federal Implementation source would have been in compliance (ii) The malfunction did not result Plan (FIP) to regulate emissions from the with applicable requirements if the from operator error or neglect, or from Four Corners Power Plant (FCPP), a appropriate performance or compliance improper operation or maintenance coal-fired power plant located on the test had been performed, for the purpose procedures; Navajo Indian Reservation near Farmington, New Mexico. of submitting compliance certifications. (iii) The excess emissions were not (h) Equipment operations. The owner part of a recurring pattern indicative of DATES: Comments must be received on or operator shall operate all equipment inadequate design, operation, or or before October 8, 1999. or systems needed to comply with this maintenance; ADDRESSES: Written comments should section in accordance with 40 CFR (iv) Steps were immediately taken to be addressed to: Douglas K. McDaniel, 60.11(d) and consistent with good correct conditions leading to the Air Division (AIR–8), U.S. EPA Region engineering practices to keep emissions malfunction, and the amount and IX, 75 Hawthorne Street, San Francisco, at or below the emissions limitations in duration of the excess emissions caused CA 94105–3901. this section, and following outages of by the malfunction were minimized to FOR FURTHER INFORMATION CONTACT: any control equipment or systems the the maximum extent practicable; Douglas K. McDaniel, Air Division control equipment or system will be (AIR–8), U.S. EPA Region IX, 75 returned to full operation as (v) All possible steps were taken to minimize the impact of the excess Hawthorne Street, San Francisco, CA expeditiously as practicable. 94105–3901, (415) 744–1246. (i) Enforcement. (1) Notwithstanding emissions on ambient air quality; SUPPLEMENTARY INFORMATION: any other provision in this (vi) All emissions monitoring systems implementation plan, any credible were kept in operation if at all possible; Table of Contents and evidence or information relevant to I. Background whether a source would have been in (vii) The owner or operator’s actions A. Action compliance with applicable in response to the excess emissions B. Facility requirements if the appropriate were documented by properly signed, C. Attainment performance or compliance test had contemporaneous operating logs, or D. Jurisdictional Issue been performed, can be used to establish other relevant evidence. II. Basis for Proposed Action whether or not a person has violated or A. EPA’s Authority to Promulgate a FIP in is in violation of any standard in the PART 52ÐAPPROVAL AND Indian Country plan. PROMULGATION OF B. Relation to Tribal Authority Rule IMPLEMENTATION PLANS III. Four Corners Power Plant—Facility (2) During periods of start-up and Description shutdown the otherwise applicable 1. The authority citation for part 52 IV. Summary of FIP Provisions emission limits or requirements for A. State Standards opacity and particulate matter shall not continues to read as follows: B. Acid Rain Program Requirements apply provided that: Authority: 42 U.S.C. 7401–7671, et seq. C. Proposed FIP Standards

VerDate 18-JUN-99 15:33 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.XXX pfrm04 PsN: 08SEP1 48732 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules

D. Summary of Changes From State been regulated under provisions of the that allows them to develop air Standards New Mexico air pollution control programs for EPA approval in the same E. Compliance Schedule program, in accordance with the New manner as states. 63 FR at 7254–7259; V. Solicitation of Comments VI. Administrative Requirements Mexico SIP. However, States are 59 FR 43958–43960. A. Executive Order 12866 generally precluded from enforcing their EPA also concluded that the CAA B. Regulatory Flexibility civil regulatory programs on Tribal authorizes EPA to protect air quality C. Unfunded Mandates Reform Act lands, absent an explicit Congressional throughout Indian country, including on D. Paperwork Reduction Act authorization or State-Tribal agreement. fee lands. See 63 FR 7262; 59 FR 43960– E. Executive Order 13045: Protection of See California v. Cabazon Band of 43961 (citing to CAA sections 101(b)(1), Children From Environmental Health Mission Indians, 480 U.S. 202 (1987). 301(a), and 301(d)). In fact, in Risks and Safety Risks Both the Navajo Nation and members promulgating the TAR, EPA specifically F. Executive Order 12875: Enhancing the Intergovernmental Partnership of the regulated community have provided that, pursuant to the G. Executive Order 13084: Consultation queried EPA concerning the discretionary authority explicitly and Coordination With Indian Tribal jurisdictional issue of who has authority granted to EPA under sections 301(a) Governments under the Act to regulate air emissions and 301(d)(4) of the Act, EPA 63 FR at H. National Technology Transfer and from FCPP. Upon review of the 7273 (codified at 40 CFR 49.11(a)).3 Advancement Act circumstances surrounding the location ‘‘shall promulgate without unreasonable delay such federal implementation plan I. Background and operation of FCPP on the Navajo Indian Reservation, EPA concluded that provisions as are necessary or appropriate to A. Action protect air quality, consistent with the jurisdiction under the Act over this provisions of sections 304(a) and 301(d)(4), if In today’s action, EPA proposes to facility lies with EPA and the Navajo a tribe does not submit a tribal federalize standards from the New Nation. EPA met with representatives of implementation plan meeting the Mexico state implementation plan (SIP) the State of New Mexico, the Navajo completeness criteria of 40 CFR part 51, applicable to the FCPP. Where Nation and FCPP to discuss this Appendix V, or does not receive EPA necessary, EPA’s proposed emission jurisdictional issue. All parties have approval of a submitted tribal standards and associated requirements expressed agreement with this implementation plan.’’ modify those extracted from New conclusion. It is EPA’s policy to aid tribes in Mexico’s regulatory programs to ensure developing comprehensive and effective II. Basis for Proposed Action comprehensive emission control and air quality management programs by federal consistency. A. EPA’s Authority to Promulgate a FIP providing technical and other assistance in Indian Country to them. EPA recognizes, however, that B. Facility EPA’s conclusion that CAA just as it required many years to develop FCPP is a privately owned and state and federal programs to cover operated coal-fired power plant located jurisdiction over FCPP lies with EPA and the Navajo Nation necessarily leads lands subject to state jurisdiction, it will on the Navajo Indian Reservation near also require time to develop tribal and Farmington, New Mexico. Through to the conclusion that a regulatory gap exists with regard to this facility. EPA federal programs to cover reservations lease agreements, the facility utilizes and other lands subject to tribal real property held in trust by the federal is thus proposing to remedy this gap with a source-specific FIP. This FIP will jurisdiction. 59 FR at 43961. government for the Navajo Nation. The The Navajo Nation has expressed a in essence federalize the New Mexico facility operates five units with a total strong interest in seeking authority SIP requirements with which the facility capacity in excess of 2000 megawatts under the TAR to regulate sources of air (MW). Operations at the facility produce has been complying. The Clean Air Act Amendments of pollution located on the Reservation emissions of sulfur dioxide (SO2), 1990 greatly expanded the role of Indian under the Clean Air Act. Based on nitrogen dioxide (NOX) and particulate discussions with the Tribe, however, matter (PM). tribes in implementing the provisions of the Clean Air Act in Indian country. EPA believes that it will be at least C. Attainment Section 301(d) of the Act authorizes several months before the Tribe will be EPA to issue regulations specifying the ready to seek authority under the TAR FCPP is located in the Four Corners to assume Clean Air Act planning Interstate air quality control region provisions of the Clean Air Act for which Indian tribes may be treated in responsibilities and that, when they do (AQCR), which is designated attainment so, the Tribe intends to build its for all criteria pollutants under the the same manner as states. See CAA sections 301(d)(1) and (2). EPA capacity and seek authority for the Clean Air Act (CAA or ‘‘the Act’’). 40 various Clean Air Act programs over CFR 81.332. As the proposed FCPP FIP promulgated the final rule under section 301(d) of the Act, entitled ‘‘Indian time, rather than all at once. The Tribe merely federalizes the regulatory has advised EPA that it continues to scheme with which the plant has been Tribes: Air Quality Planning and Management,’’ on February 12, 1998. 63 support EPA’s efforts to impose such complying, EPA believes that air controls on FCPP as are necessary to quality, and hence the attainment status, FR 7254. The rule is generally referred to as the ‘‘Tribal Authority Rule’’ or in this area will not be negatively 3 In the preamble to the final TAR, EPA explained impacted by this action.1 ‘‘TAR’’. that it believed it was inappropriate to treat tribes In the preamble to the proposed 2 and in the same manner as States with respect to section D. Jurisdictional Issue final rule, EPA discusses generally the 110(c) of the Act, which directs EPA to promulgate Historically, emissions of air legal basis under the CAA by which a FIP within two years after EPA finds a state has failed to submit a complete state plan or within two pollutants from the FCPP facility have EPA and tribes are authorized to years after EPA disapproval of a state plan. regulate sources of air pollution in Although EPA is not required to promulgate a FIP 1 A different conclusion may be reached by EPA, Indian country. EPA concluded that the within the two year period for tribes, EPA however, if, for example, there were evidence that CAA constitutes a statutory grant of promulgated 40 CFR 49.11(a) to clarify that EPA the source to be regulated by the FIP is causing or will continue to be subject to the basic requirement contributing to violations of the applicable NAAQS, jurisdictional authority to Indian tribes to issue any necessary or appropriate FIP provisions or was located in an area that is designated for affected tribal areas within some reasonable nonattainment for such NAAQS. 2 See 59 FR 43956 (August 25, 1994). time. See 63 FR 7264–7265.

VerDate 18-JUN-99 15:33 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.XXX pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48733 ensure continued compliance with the III. Four Corners Power Plant—Facility hour averaged over any consecutive substantive requirements of the New Description three hour period station-wide. Mexico SIP, notwithstanding the recent The FCPP is a 2040 MW coal-fired 2. Particulate emissions are not to exceed 0.050 pounds per million BTU of promulgation of the TAR. power plant located on the Navajo heat input. Indian Reservation near Farmington, Therefore, in this proposed FIP, EPA 3. Opacity is limited to 20 percent is exercising its discretionary authority New Mexico. The FCPP consists of three averaged over a six minute period, for under sections 301(a) and 301(d)(4) of 190 to 253 MW units and two 818 MW Units 4 and 5. the CAA and 40 CFR 49.11(a) to units all of which became operational 4. APS will develop a plan to monitor, promulgate a federal implementation between 1962 and 1970. The Arizona record and report operating parameters plan in order to remedy an existing Public Service Company (APS) is the indicative of good operation of the regulatory gap under the Act with operating agent for FCPP which is scrubbers for control of particulate respect to FCPP. Although the facility jointly owned by the APS, the Southern matter on Units 1, 2, and 3. has been historically regulated by New California Edison Company, the Salt 5. Nitrogen oxides are not to exceed Mexico since its construction, the state River Project Agricultural Improvement 0.85 pounds per million BTU of input and Power District (SRP), the Public lacks jurisdiction over the facility or its for Units 1 and 2, and 0.65 pounds per Service Company of New Mexico, the El owners or operators for CAA million BTU of input for Units 3, 4, and Paso Electric Company and the Tucson 5, averaged over any successive 30 compliance or enforcement purposes. Electric Power Company. Existing The Tribe has not submitted a tribal boiler operating day period; nor shall pollution control equipment at FCPP they exceed 335,000 lb per 24-hour implementation plan to address units 4 and 5 includes baghouses and emissions from FCPP and has indicated period on a station-wide basis. When lime spray towers for SO2 control and to EPA that it prefers to have EPA any one unit is not operating, the limits specific burners designed for NOX are reduced by 1542 pounds per hour address the emissions from FCPP at this control. Units 1, 2 and 3 each have a for units 1, 2, and 3, and by 4667 time. Since the Navajo Nation does not venturi scrubber for particulate and SO2 pounds per hour for units 4 and 5. presently have a federally approved TIP, control. in the absence of a comprehensive FIP D. Summary of Changes From State the applicable regulatory requirements IV. Summary of FIP Provisions Standards arising under state law would not be A. State Standards 1. The NOX requirements are more enforceable. EPA’s FIP will federalize The standards in this FIP proposal are stringent than those contained in the requirements applicable to FCPP generally based on the state standards New Mexico SIP. These requirements contained in the New Mexico SIP. Given under which the facility has been were submitted to EPA, Region 6, on the magnitude of the emissions from the operating (FCPP must also continue to November 4, 1991 as a New Mexico SIP plant, EPA believes that the proposed comply with all applicable federal revision, and were not acted on as the FIP provisions are both necessary and requirements). These standards, derived SIP has no effect over FCPP. appropriate to protect air quality on the from the New Mexico SIP, are 2. The SIP particulate emissions Reservation. summarized as follows: sampling methods, which were based in 1. SO2 emissions are limited to 28 part on an analysis of fine particulates, B. Relation to Tribal Authority Rule percent of the SO2 produced in coal have been changed to EPA methods referenced in federal code (40 CFR part As discussed above, under Section burning or 17,900 pounds per hour based on an averaged three hour period 60, appendix A, Methods 1–5). The fine 301(d) of the Act, a tribe may develop particulate analysis was not being and implement one or more of its own (AQCR 602). 2. Particulate emissions are limited to routinely performed and the EPA air quality programs under the Act 0.05 pounds per million BTU (AQCR methods were in use at the facility. through a Tribal Air Program. On 504). Further, EPA believes that the February 12, 1998, EPA promulgated 3. Excess emissions notification particulate matter limit is the more regulations under Section 301(d) of the requirements are specified (AQCR 801). stringent of the two emission limits. Act which provide the framework for 3. The standard for opacity has been tribes to obtain authority to administer B. Acid Rain Program Requirements added in order to confirm Units 4 and federally-approved and federally- The Federal Acid Rain Program 5 are in continuous compliance and are enforceable programs under the Act, requires that low-NOX burners be properly operated and maintained. including tribal implementation plans. installed on all five units. By the year These units operate with baghouses for See 59 FR 43956, August 25, 1994 2000, Units 1, 2 and 3 (wall-fired particulate control and therefore are (proposed rule) and 63 FR 7254, boilers) must comply with a .46 lb/ able to meet this limit. February 12, 1998 (final rule). MMbtu annual average of NOX. Units 4 4. The opacity limit is not being applied to Units 1, 2 and 3. The The Navajo Nation now has the and 5 (cell-fired boilers) must meet a limit of .68 lb/MMbtu. scrubbers currently in operation on option of assuming responsibility for the Emissions of SO2 are regulated Units 1, 2 and 3 were designed for development and implementation of through an allowance system. FCPP has control of particulate, and were later federally enforceable air quality sufficient allowances to cover current redesigned to also control sulfur programs under the Clean Air Act. Until emissions. dioxide. However, FCPP cannot a federally approved Navajo Nation TIP currently meet a continuous opacity is in place with regulations which cover C. Proposed FIP Standards limit of 20 percent at Units 1, 2 and 3. FCPP, however, EPA has exclusive 1. SO2 emissions are not to exceed 28 EPA is proposing that FCPP design and jurisdiction to regulate the source under percent of the SO2 produced in the enact a plan to monitor operating the Act. Once final, the regulations burning of sulfur-bearing coal (averaged parameters such as pressure drop and proposed today will remain in effect over successive thirty boiler operating scrubber liquid flow for the scrubbers. until a TIP governing FCPP is in place day periods station-wide) and not to This will yield information about and the FIP is withdrawn. exceed 17,900 pounds of total SO2 per continuous proper operation of the

VerDate 18-JUN-99 15:33 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.XXX pfrm04 PsN: 08SEP1 48734 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules scrubbers for particulate control. This final rule on small entities. 5 U.S.C. 603 any enforceable duties on any of these information could then be used to and 604. Alternatively, EPA may certify entities. EPA further has determined determine appropriate parameters, that the rule will not have a significant that the proposed FIP is not likely to which could be included in FCPP’s Title economic impact on a substantial result in the expenditure of $100 V permit as indicators for good number of small entities. Small entities million or more by the private sector in particulate matter control practice. include small businesses, small not-for- any one year. Although the proposed 5. The standard for SO2 is unchanged profit enterprises, and government FIP would impose enforceable duties on but the method of compliance entities with jurisdiction over an entity in the private sector, the costs determination has been changed to a populations of less than 50,000. The are expected to be minimal. method based on CEM rather than on federal implementation plan for the Consequently, sections 202, 204, and stack sampling. Four Corners Power Plant proposed 205 of UMRA do not apply to the 6. A number of other changes were today does not impose any new proposed FIP. made relative to the New Mexico SIP requirements on small entities. See Mid- Before EPA establishes any regulatory making the FIP specific to FCPP, and to Tex Electric Cooperative, Inc. v. FERC, requirements that might significantly or conform to EPA excess emissions and 773 F.2d 327 (D.C. Cir. 1985) (agency’s uniquely affect small governments, it other reporting and quality assurance certification need only consider the must have developed under section 203 procedures. rule’s impact on entities subject to the of UMRA a small government agency E. Compliance Schedule requirements of the rule). Therefore, plan. The plan must provide for pursuant to 5 U.S.C. 605(b), EPA notifying potentially affected small The EPA proposes that the certifies that today’s action does not governments, enabling officials of requirements contained in this proposal have a significant impact on a affected small governments to have become effective upon promulgation of substantial number of small entities meaningful and timely input in the these regulations, since the emission within the meaning of those terms for development of EPA regulatory limits established by the proposed FIP RFA purposes. proposals with significant Federal are presently being achieved at the intergovernmental mandates, and facility. C. Unfunded Mandates Reform Act informing, educating, and advising V. Solicitation of Comments Title II of the Unfunded Mandates small governments on compliance with Reform Act of 1995, Public Law 04–4, the regulatory requirements. The EPA solicits comments on all establishes requirements for federal EPA has determined that the aspects of today’s proposal to agencies to assess the effects of their proposed FIP will not significantly or promulgate a FIP to regulate air regulatory actions on state, local, and uniquely affect small governments, emissions from FCPP. Interested parties tribal governments and the private because it imposes no requirements on should submit comments to the address sector. Under section 202 of UMRA, small governments. Therefore, the listed in the front of this proposed rule. EPA generally must prepare a written requirements of section 203 do not Public comments postmarked by statement, including a cost-benefit apply to the proposed FIP. Nonetheless, October 8, 1999 will be considered in analysis, for proposed rules and for final EPA worked closely with the final action taken by EPA. rules for which EPA published a notice representatives of the Tribe in the VI. Administrative Requirements of proposed rulemaking, if those rules development of today’s proposed action. contain ‘‘federal mandates’’ that may A. Executive Order 12866 result in the expenditure by state, local, D. Paperwork Reduction Act Under Executive Order (E.O.) 12866, and tribal governments, in the aggregate, Under the Paperwork Reduction Act, 58 FR 51735 (October 4, 1993), all or by the private sector, of $100 million 44 U.S.C. 3501 et seq., OMB must ‘‘regulatory actions’’ that are or more in any one year. If section 202 approve all ‘‘collections of information’’ ‘‘significant’’ are subject to Office of requires a written statement, section 205 by EPA. The Act defines ‘‘collection of Management and Budget (OMB) review of UMRA generally requires EPA to information’’ as a requirement for and the requirements of the Executive identify and consider a reasonable ‘‘answers to * * * identical reporting or Order. A ‘‘regulatory action’’ is defined number of regulatory alternatives. recordkeeping requirements imposed on as ‘‘any substantive action by an agency Under section 205, EPA must adopt the ten or more persons *** .’’ 44 U.S.C. (normally published in the Federal least costly, most cost-effective, or least 3502(3)(A). Because the proposed FIP Register) that promulgates or is burdensome alternative that achieves only applies to one company, the expected to result in the promulgation the objectives of the rule, unless the Paperwork Reduction Act does not of a final rule or regulation, including Administrator publishes with the final apply. rule an explanation why EPA did not ** * notices of proposed rulemaking.’’ E. Executive Order 13045: Protection of A ‘‘regulation or rule’’ is defined as ‘‘an adopt that alternative. The provisions of section 205 do not apply when they are Children From Environmental Health agency statement of general Risks and Safety Risks applicability and future effect, * * *.’’ inconsistent with applicable law. The proposed FIP is not subject to Section 204 of UMRA requires EPA to This executive order applies to any OMB review under E.O. 12866 because develop a process to allow elected rule that: (1) Is determined to be it applies to only a single, specifically officers of state, local, and tribal ‘‘economically significant’’ as that term named facility and is therefore not a governments (or their designated, is defined in E.O. 12866, and (2) rule of general applicability. Thus, it is authorized employees), to provide concerns an environmental health or not a ‘‘regulatory action’’ under E.O. meaningful and timely input in the safety risk that EPA has reason to 12866. development of EPA regulatory believe may have a disproportionate proposals containing significant Federal effect on children. If the regulatory B. Regulatory Flexibility intergovernmental mandates. action meets both criteria, the Agency Under the Regulatory Flexibility Act, EPA has determined that the must evaluate the environmental health 5 U.S.C. 601 et seq., EPA must prepare proposed FIP contains no federal or safety effects of the planned rule on a regulatory flexibility analysis mandates on state, local or tribal children, and explain why the planned assessing the impact of any proposed or governments, because it will not impose regulation is preferable to other

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.038 pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48735 potentially effective and reasonably consulting, Executive Order 13084 incorporating by reference ASTM feasible alternatives considered by the requires EPA to provide to the Office of D6216–98 into Performance Agency. Management and Budget, in a separately Specification 1 under a separate EPA interprets E.O. 13045 as applying identified section of the preamble to the rulemaking (63 FR 50824) that would only to those regulatory actions that are rule, a description of the extent of EPA’s allow broader use and application of based on health or safety risks, such that prior consultation with representatives this consensus standard. EPA plans to the analysis required under section 5– of affected tribal governments, a complete this action in the near future. 501 of the Order has the potential to summary of the nature of their concerns, As it would be impractical for EPA to influence the regulation. The FCPP FIP and a statement supporting the need to act independently from rulemaking is not subject to E.O. 13045 because it issue the regulation. In addition, activity already undergoing notice and implements previously promulgated Executive Order 13084 requires EPA to comment, EPA defers taking action in health or safety-based federal standards. develop an effective process permitting the current rulemaking that would F. Executive Order 12875: Enhancing elected and other representatives of immediately adopt D6216–98, and we the Intergovernmental Partnership Indian tribal governments ‘‘to provide will therefore require use of EPA meaningful and timely input in the Performance Specification 1 in the Under Executive Order 12875, EPA development of regulatory policies on interim. may not issue a regulation that is not matters that significantly or uniquely In regard to the remaining required by statute and that creates a affect their communities.’’ measurement needs as listed below, mandate upon a state, local or tribal The proposed FIP does not impose there are a number of voluntary government, unless the Federal substantial direct compliance costs on consensus standards that appear to have government provides the funds the communities of Indian tribal possible use in lieu of the EPA test necessary to pay the direct compliance governments. The proposed FIP imposes methods and performance specifications costs incurred by those governments, or obligations only on the owner or (40 CFR part 60 appendices A and B) EPA consults with those governments. If operator of FCPP. Accordingly, the noted next to the measurement EPA complies by consulting, Executive requirements of section 3(b) of requirements. It would not be practical Order 12875 requires EPA to provide to Executive Order 13084 do not apply to to specify these standards in the current the Office of Management and Budget a this rule. rulemaking due to a lack of sufficient description of the extent of EPA’s prior data on equivalency and validation and consultation with representatives of H. National Technology Transfer and because some are still under affected State, local and tribal Advancement Act development. However, EPA’s Office of governments, the nature of their Section 12(d) of the National Air Quality Planning and Standards is concerns, any written communications Technology Transfer and Advancement in the process of reviewing all available from the governments, and EPA’s Act of 1995 (‘‘NTTAA’’), Public Law VCS for incorporation by reference into position supporting the need to issue 104–113, 12 (10 (15 U.S.C. 272 note) the test methods and performance the regulation. In addition, Executive directs EPA to use voluntary consensus specifications of 40 CFR part 60, Order 12875 requires EPA to develop an standards in its regulatory activities appendices A and B. Any VCS so effective process permitting elected unless to do so would be inconsistent incorporated in a specified test method officials and other representatives of with applicable law or otherwise or performance specification would state, local and tribal governments ‘‘to impractical. Voluntary consensus then be available for use in determining provide meaningful and timely input in standards are technical standards (e.g. the emissions from this facility. This the development of regulatory proposals materials specifications, test methods, will be an ongoing process designed to containing significant unfunded sampling procedures and business incorporate suitable VCS as they mandates.’’ practices) that are developed or adopted As stated above, the proposed FIP will by the voluntary consensus standards become available. not create a mandate on state, local or bodies. The NTTAA directs EPA to Particulate Matter Emissions—EPA tribal governments because it will not provide Congress, through annual Methods 1 through 5. Opacity—EPA Method 9 and impose any enforceable duties on these reports to OMB, with explanations Performance Specification Test 1 for entities. Accordingly, the requirements when the Agency decides not to use Opacity Monitoring. of section 1(a) of Executive Order 12875 available and applicable voluntary SO2—EPA Method 6C and do not apply to this rule. Nonetheless, consensus standards. Performance Specification 2 for EPA worked closely with Consistent with the NTTAA, the Continuous SO2 Monitoring. representatives of the Tribe during the Agency conducted a search to identify NOX—EPA Method 7E and development of today’s proposed action. potentially applicable voluntary consensus standards (VCS). For the Performance Specification 2 for G. Executive Order 13084: Consultation measurement of the sulfur in the coal Continuous NOX Monitoring and and Coordination With Indian Tribal Performance Specification 6 for Flow for calculating the efficiency of the SO2 Governments scrubbers for FCCP, EPA proposes to Monitoring. Under Executive Order 13084, EPA require use of ASTM standards. FCCP List of Subjects may not issue a regulation that is not would have the ability to choose an required by statute, that significantly or applicable ASTM standard for both the 40 CFR Part 49 uniquely affects the communities of coal sample collection and the sulfur in Environmental protection, Air Indian tribal governments, and that coal analysis. pollution control, Indians, imposes substantial direct compliance Another consensus standard, ASTM Intergovernmental relations, Reporting costs on those communities, unless the D6216–98, appears to be practical for and recordkeeping requirements. federal government provides the funds use in lieu of EPA Performance necessary to pay the direct compliance Specification 1 (see 40 CFR part 60, 40 CFR Part 52 costs incurred by the tribal appendix B) for the opacity monitoring Environmental protection, Air governments, or EPA consults with to be required for this facility. On pollution control, Intergovernmental those governments. If EPA complies by September 23, 1998, EPA proposed relations, Particulate matter, Reporting

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.039 pfrm04 PsN: 08SEP1 48736 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules and recordkeeping requirements, Sulfur does not include the heat input from atmosphere in excess of 0.050 pound oxides. preheated combustion air, recirculated per million British thermal unit (lb/ Dated: August 27, 1999. flue gases, or exhaust gases from other MMBtu) of heat input (higher heating Carol M. Browner, sources. value), as averaged over six (6) hours of (8) Malfunction means any sudden sampling. Administrator. and unavoidable failure of air pollution (3) Opacity. No owner or operator Title 40 chapter I of the Code of control equipment or process equipment shall discharge or cause the discharge of Federal Regulations is proposed to be or of a process to operate in a normal emissions from the stacks of Units 4 and amended as follows: or usual manner. Failures that are 5 into the atmosphere exhibiting greater caused entirely or in part by poor than 20% opacity, excluding water PART 49ÐTRIBAL CLEAN AIR ACT maintenance, careless operation, or any vapor, averaged over any six (6) minute AUTHORITY other preventable upset condition or period (except for one six (6) minute 1. The authority citation for part 49 preventable equipment breakdown shall period per hour of not more than 27% continues to read as follows: not be considered malfunctions. opacity, excluding water vapor). (9) Owner or Operator means any (4) Oxides of nitrogen. No owner or Authority: 42 U.S.C. 7401, et seq. person who owns, leases, operates, operator shall discharge or cause the 2. Part 49 is proposed to be amended controls, or supervises the Plant or any discharge of NOX into the atmosphere: by adding § 49.21 to read as follows: of the coal burning equipment (i) From either Unit 1 or 2 in excess designated as Units 1, 2, 3, 4, or 5 at the of 0.85 lb/MMBtu of heat input per unit, § 49.21 Federal Implementation Plan Plant. Provisions for Four Corners Power Plant, and from either Units 3, 4, or 5 in excess (10) Oxides of nitrogen (NOX) means Navajo Nation. of 0.65 lb/MMBtu of heat input per unit the sum of nitric oxide (NO) and averaged over any successive thirty (30) (a) Applicability. The provisions of nitrogen dioxide (NO2) in the flue gas, this section shall apply to each owner boiler operating day period; expressed as nitrogen dioxide. (ii) In excess of 335,000 lb per 24-hour or operator of the coal burning (11) Shutdown means the cessation of period when coal burning equipment is equipment designated as Units 1, 2, 3, operation of any air pollution control operating, on a station-wide basis; for 4, and 5 at the Four Corners Power Plant equipment, process equipment, or each hour when coal burning equipment (‘‘the Plant’’) in the Navajo Indian process for any purpose. Specifically, is not operating, this limitation shall be Reservation located in the Four Corners for Units 1, 2, or 3, shutdown begins reduced. If the unit which is not Interstate Air Quality Control Region when the unit drops below 40 MW net operating is Unit 1, 2, or 3, the (see 40 CFR 81.121). load with the intent to remove the unit limitation shall be reduced by 1,542 lb (b) Compliance Dates. Compliance from service. For Units 4 or 5, shutdown per hour for each unit which is not with the requirements of this section is begins when the unit drops below 300 operating. If the unit which is not required upon promulgation unless MW net load with the intent to remove operating is Unit 4 or 5, the limitation otherwise indicated by compliance the unit from service. shall be reduced by 4,667 lb per hour for dates contained in specific provisions. (12) Startup means the setting into each unit which is not operating. (c) Definitions. For the purposes of operation of any air pollution control this section: equipment, process equipment, or (e) Testing and monitoring. Upon (1) Administrator means the process for any purpose. Specifically, completion of the installation of Administrator of the Environmental for Units 1, 2,or 3, startup ends when continuous emissions monitoring Protection Agency (EPA) or his/her the unit reaches 40 MW net load. For systems (CEMS) software as required in authorized representative. Units 4 or 5, startup ends when the unit this section, compliance with the (2) Affirmative defense means, in the reaches 400 MW net load. emissions limits set for SO2 and NOX context of an enforcement proceeding, a (13) Station-wide basis means total shall be determined by using data from response or defense put forward by a stack emissions of any particular a CEMS unless otherwise specified in defendant, regarding which the pollutant from all coal burning paragraphs (e)(2) and (e)(4) of this defendant has the burden of proof, and equipment at the Plant. section. Compliance with the emissions the merits of which are independently (14) 24-hour period means the period limit set for particulate matter shall be and objectively evaluated in a judicial of time between 12:01 a.m. and 12:00 determined annually, or at such other or administrative proceeding. midnight. time as requested by the Administrator, (3) Air pollution control equipment (d) Emissions Standards.—(1) Sulfur based on data from testing conducted in includes baghouses, particulate or Dioxide. No owner or operator shall accordance with 40 CFR part 60, gaseous scrubbers, and any other discharge or cause the discharge of appendix A, Methods 1 through 5, or apparatus utilized to control emissions sulfur dioxide (SO2) into the atmosphere any other method receiving prior of regulated air contaminants which in excess of: approval from the Administrator. Upon would be emitted to the atmosphere. (i) 28% of that which is produced by completion of the installation of (4) Boiler operating day means a 24- the Plant’s coal burning equipment, continuous opacity monitoring systems hour period during which coal is averaged over any successive thirty (30) (COMS) software as required in this combusted in a Unit for the entire 24 boiler operating day period, determined regulation, compliance with the hours. on a station-wide basis; and emissions limits set for opacity shall be (5) Daily average means the arithmetic (ii) 17,900 pounds of total sulfur determined by using data from a COMS average of the hourly values measured dioxide emissions per hour averaged except during saturated stack conditions in a 24-hour period. over any consecutive three (3) hour (condensed water vapor). If the (6) Excess emissions means the period, determined on a station-wide baghouse is operating within its normal emissions of air contaminants in excess basis. operating parameters and a high opacity of an applicable emissions limitation or (2) Particulate Matter. No owner or reading occurs it will be presumed that requirement. operator shall discharge or cause the the occurrence was caused by saturated (7) Heat input means heat derived discharge of particulate matter from any stack conditions and shall not be from combustion of fuel in a Unit and coal burning equipment into the considered an excess emission.

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(1) The owner or operator shall of testing no later than 21 days prior to (6) The owner or operator shall maintain and operate CEMS for SO2, NO testing. Testing may be performed on a maintain two sets of opacity filters for or NOX, a diluent and, for Units 4 and date other than that already provided in each type of COMS, one set to be used 5 only, COMS, in accordance with 40 a notice as long as notice of the new as calibration standards and one set to CFR 60.8 and 60.13, and appendix B of date is provided either in writing or by be used as audit standards. At least one 40 CFR part 60. Within six (6) months telephone or other means acceptable to set of filters shall be on site at all times. of promulgation of this regulation, the the Administrator, and the notice is (7) Nothing herein shall limit EPA’s owner or operator shall install CEMS provided as soon as practicable after the ability to ask for a test at any time under and COMS software which complies new testing date is known, but no later section 114 of the Clean Air Act, 42 with the requirements of this regulation. than 7 days (or a shorter period as U.S.C. 7414, and enforce against any The owner or operator of the Plant may approved by the Administrator) in violation. petition the Administrator for extension advance of the new date of testing. (8) In order to provide reasonable of the six (6) month period for good (4) Oxides of nitrogen. The total daily assurance that the scrubbers for control cause shown. Completion of 40 CFR station-wide oxides of nitrogen of particulate matter from Units 1, 2, part 75 monitor certification emissions in pounds of NO2 per day and 3 are being maintained and requirements shall be deemed to satisfy shall be calculated using the following operated in a manner consistent with the requirements under 40 CFR 60.8 and formula: good air pollution control practice for 60.13 and appendix B of part 60. The minimizing emissions, the owner or n m owner or operator shall comply with the operator shall comply with the TE=() E × H quality assurance procedures for CEMS ∑∑ i j ij following provisions: = = found in 40 CFR part 75, and all reports i 1 j 1 (i) The owner or operator shall required thereunder shall be submitted Where: develop a plan to monitor, record, and to the Administrator. The owner or TE = total station-wide nitrogen dioxide report parameter(s) indicative of the operator shall provide the Administrator emissions (lb NO2/day); proper operation of the scrubbers to notice in accordance with 40 CFR 75.61. Eij = hourly average emissions rate of provide a reasonable assurance of (2) Sulfur Dioxide. (i) For the purpose each unit (lb NO2/MMBtu); compliance with the particulate matter of determining compliance with this Hij = hourly total heat input for each limits in paragraph (d)(2) of this section. section, the sulfur dioxide inlet rate (in unit (MMBtu); The owner or operator shall submit this lb/MMBtu) shall be calculated using the n = the number of units of coal burning plan to the Administrator no later than daily average percent sulfur and Btu equipment operating during the December 31, 1999. The owner or content of the coal combusted. The inlet hour; operator shall implement this plan sulfur concentration and Btu content m = the number of operating hours in within 30 days of approval by the shall be determined in accordance with a day, from midnight to midnight. Administrator and shall commence American Society for Testing and (5) Continuous emissions monitoring reporting the data generated pursuant to Materials (ASTM) methods or any other shall apply during all periods of the monitoring plan in accordance with method receiving prior approval from operation of the coal burning the schedule in paragraph (e)(8)(v) of the Administrator. The analyses shall be equipment, including periods of startup, this section. done on as fired daily fuel samples shutdown, and malfunction, except for (ii) In the event that the owner or collected before the coal pulverizers CEMS breakdowns, repairs, calibration operator is unable to develop the plan using ASTM methods or any other checks, and zero and span adjustments. required in paragraph (e)(8)(i) of this method receiving prior approval from Continuous monitoring systems for section due to technical difficulties, the Administrator. The inlet sulfur measuring sulfur dioxide, NOX, and fails to submit the plan by December 31, dioxide concentration shall be diluent gas shall complete a minimum 1999, or the Administrator disapproves calculated using the following formula: of one cycle of operation (sampling, the plan, the owner or operator shall 4 Is = 2(%Sf)/GCV x 10 English units analyzing, and data recording) for each install and operate devices to measure Where: successive 15-minute period. The one- the pressure drop across each scrubber Is = sulfur dioxide inlet concentrations hour averages shall be calculated using module and the total flow of scrubbing in pounds per million Btu; these data points. At least two data liquid to the venturi section of each %Sf = weight percent sulfur content of points must be used to calculate the scrubber module. The data from these the fuel; and one-hour averages. When emission data instruments shall be monitored and GCV = Gross calorific value for the fuel are not obtained because of continuous recorded electronically. A minimum of in Btu per pound. monitoring system breakdowns, repairs, one reading every 15 minutes shall be (ii) The outlet SO2 emissions shall be calibration checks, or zero and span used to calculate an hourly average determined from CEMS data gathered in adjustments, emission data must be which shall be recorded and stored for accordance with this section. obtained by using other monitoring at least a five-year period. The owner or (3) Particulate Matter. Particulate systems approved by the EPA to provide operator shall report in an electronic matter testing shall be conducted emission data for a minimum of 18 format either all hourly data, or one- annually and at least six (6) months hours in at least 22 out of 30 successive hour averages deviating by more than apart, with the equipment within 90% boiler operating days. NOX emissions 30% from the levels measured during of maximum operation in accordance rates and quantities shall be reported as the last particulate matter stack test that with 40 CFR 60.8 and appendix A to 40 NO2 concentrations. When CEMS data is demonstrated compliance with the limit CFR part 60. The owner or operator may not available because of malfunctions, in this regulation. The owner or test Units 1 and 2 together when both the unavailable NOX data will be operator shall implement this units are operating or may test them replaced with a calculated value based requirement no later than February 28, separately when one unit is out of on the average of the last valid data 2000 if it fails to submit the plan by service since Units 1 and 2 share a point and the next valid data point for December 31, 1999; or no later than 60 common stack. The owner or operator purposes of calculating total station- days after the Administrator’s shall submit written notice of the date wide nitrogen dioxide emissions. disapproval of the plan.

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(iii) The monitoring required under and recordkeeping requirements for compliance with the applicable paragraphs (e)(8)(i) and (e)(8)(ii) of this CEMS compliance monitoring in 40 CFR emissions limit(s) or other requirements. section shall apply to each Unit at all 60.7(c) and (d), and the CEMS data (ii) If the period of excess emissions times that the Unit is operating, except assessment report requirements of 40 extends beyond the submittal of the for monitoring malfunctions, associated CFR part 75. written report, the owner or operator repairs, and required quality assurance (2) Furnish the Administrator with shall also notify the Administrator in or control activities (including, as reports describing the results of the writing of the exact time and date when applicable, calibration checks and annual particulate matter emissions the excess emissions stopped. required zero and span adjustments). A tests postmarked within sixty (60) days Compliance with the excess emissions monitoring malfunction is any sudden, of completing the tests. Each report notification provisions of this secton infrequent, not reasonably preventable shall include the following information: shall not excuse or otherwise constitute failure of the monitoring to provide (i) The test date; a defense to any violations of this valid data. Monitoring failures that are (ii) The test method; section or of any law or regulation caused in part by poor maintenance or (iii) Identification of the coal burning which such excess emissions or careless operation are not malfunctions. equipment tested; malfunction may cause. (iv) The owner or operator may (iv) Values for stack pressure, (g) Equipment Operations. At all petition the Administrator for an temperature, moisture, and distribution times, including periods of startup, extension of the December 31, 1999 of velocity heads; shutdown, and malfunction, the owner deadline. Such extension shall be (v) Average heat input; or operator shall, to the extent granted only if the owner or operator (vi) Emissions data, identified by practicable, maintain and operate the demonstrates to the satisfaction of the sample number, and expressed in Plant including associated air pollution Administrator that: pounds per MMBtu; control equipment in a manner (A) The delay is due to technical (vii) Arithmetic average of sample consistent with good air pollution infeasibility beyond the control of the data expressed in pounds per MMBtu; control practices for minimizing owner or operator; and and emissions. Determination of whether (B) The requested extension, if (viii) A description of any variances acceptable operating and maintenance granted, will allow the owner or from the test method. procedures are being used will be based operator to successfully complete the (3) Excess emissions report. (i) For on information available to the plan. excess emissions, the owner or operator Administrator which may include, but (v) The owner or operator shall shall notify the Administrator by is not limited to, monitoring results, submit to the Administrator reports of telephone or in writing within one opacity observations, review of the monitoring data required by this business day (‘‘initial notification’’). A operating and maintenance procedures, regulation quarterly. The reports shall complete written report of the incident and inspection of the Plant. With regard be postmarked within 30 days of the shall be submitted to the Administrator to the operation of the baghouses on end of each calendar quarter. within ten (10) business days of the Units 4 and 5, placing the baghouses in (vi) The owner or operator shall initial notification. The complete service before coal fires are initiated develop and document a quality written report shall include: will constitute compliance with this assurance program for the monitoring (A) The name and title of the person paragraph. (If the baghouse inlet and recording instrumentation. This reporting; temperature cannot achieve 185 degrees program shall be updated or improved (B) The identity and location of the Fahrenheit using only gas fires, the as requested by the Administrator. Plant and Unit(s) involved, and the owner or operator will not be expected (vii) In the event that a program for emissions point(s), including bypass, to place baghouses in service before coal parameter monitoring on Units 1, 2, and from which the excess emissions fires are initiated; however, the owner 3 is approved pursuant to the occurred or are occurring; or operator will remain subject to the Compliance Assurance Monitoring rule, (C) The time and duration or expected requirements of this paragraph.) 40 CFR part 64, such program will duration of the excess emissions; (h) Enforcement. (1) Notwithstanding supersede the provisions contained in (D) The magnitude of the excess any other provision in this paragraph (e)(8) of this section. emissions expressed in the units of the implementation plan, any credible (f) Reporting and recordkeeping applicable emissions limitation and the evidence or information relevant to requirements. Unless otherwise stated operating data and calculations used in whether the Plant would have been in all requests, reports, submittals, determining the magnitude of the excess compliance with applicable notifications, and other communications emissions; requirements if the appropriate to the Administrator required by this (E) The nature of the condition performance or compliance test had section shall be submitted to the causing the excess emissions and the been performed, can be used to establish Director, Air Division, U.S. reasons why excess emissions occurred whether or not the owner or operator Environmental Protection Agency, or are occurring; has violated or is in violation of any Region IX, to the attention of Mail Code: (F) If the excess emissions were the standard in the plan. AIR–5, at 75 Hawthorne Street, San result of a malfunction, the steps taken (2) During periods of start-up and Francisco, California, 94105, (415) 744– to remedy the malfunction and the steps shutdown the otherwise applicable 1138, (415) 744–1076 (facsimile). For taken or planned to prevent the emission limits or requirements for each unit subject to the emissions recurrence of such malfunction; opacity and particulate matter shall not limitation in this regulation and upon (G) For an opacity exceedance, the 6- apply provided that: completion of the installation of CEMS minute average opacity monitoring data (i) At all times the facility is operated and COMS as required in this greater than 20% for the 24 hours prior in a manner consistent with good regulation, the owner or operator shall to and during the exceedance for Units practice for minimizing emissions, and comply with the following 4 and 5; and the owner or operator uses best efforts requirements: (H) The efforts taken or being taken to regarding planning, design, and (1) For each emissions limit in this minimize the excess emissions and to operating procedures to meet the regulation, comply with the notification repair or otherwise bring the Plant into otherwise applicable emission limit;

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(ii) The frequency and duration of Corners Power Plant near Farmington, are available for public inspection and operation in start-up or shutdown mode New Mexico is codified at 40 CFR 49.21. copying at U.S. EPA, Region IX, 75 are minimized to the maximum extent [FR Doc. 99–23277 Filed 9–7–99; 8:45 am] Hawthorne Street, San Francisco, CA practicable; and during normal business hours. Copies of BILLING CODE 6560±50±P (iii) The owner or operator’s actions the rule and related documents are also during start-up and shutdown periods available for inspection at the following are documented by properly signed, ENVIRONMENTAL PROTECTION location: Ventura County Air Pollution contemporaneous operating logs, or AGENCY Control District, 669 County Square other relevant evidence. Drive, Ventura, CA. (3) Emissions in excess of the level of 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: the applicable emission limit or [CA 229±0177; FRL±6433±9] David Albright, Permits Office (AIR–3), requirement that occur due to a Air Division, U.S. Environmental malfunction shall constitute a violation Approval and Promulgation of Protection Agency, Region IX, 75 of the applicable emission limit. Implementation Plans; California State Hawthorne Street, San Francisco, CA However, it shall be an affirmative Implementation Plan Revision, Ventura 94105–3901, (415) 744–1627 or Daniel defense in an enforcement action County Air Pollution Control District, Reich, Office of Regional Counsel (RC– seeking penalties if the owner or Project XL Site-specific Rulemaking for 2–2), U.S. Environmental Protection operator has met with all of the Imation Corp. Camarillo Plant Agency, Region IX, 75 Hawthorne following conditions: Street, San Francisco, CA 94105–3901, (i) The malfunction was the result of AGENCY: Environmental Protection (415) 744–1343. In addition, the a sudden and unavoidable failure of Agency (EPA). proposed rule and supporting process or air pollution control ACTION: Proposed rule. documents are also available on the equipment and did not result from world wide web at the following inadequate design or construction of the SUMMARY: The EPA is proposing to location: http://www.epa.gov/ProjectXL. process or air pollution control approve revisions to the California State SUPPLEMENTARY INFORMATION: equipment; Implementation Plan (SIP) which (ii) The malfunction did not result concern the control of volatile organic I. Applicability from operator error or neglect, or from compound (VOC) emissions, and are The rule being proposed for approval improper operation or maintenance applicable only to the Imation Corp. into the California SIP is Ventura procedures; facility in Camarillo, CA (Imation) as County Air Pollution Control District, (iii) The excess emissions were not part of the EPA’s Imation XL Project. VCAPCD, Rule 37 ‘‘Project XL.’’ This part of a recurring pattern indicative of See 64 FR 37785, July 13, 1999. By this rule was submitted by the California Air inadequate design, operation, or document, EPA solicits comment on the Resources Board to EPA on July 30, maintenance; proposed rule. 1999. (iv) Steps were immediately taken to The intended effect of proposing correct conditions leading to the approval of this rule is to regulate II. Background malfunction, and the amount and emissions of VOCs in accordance with The proposed California SIP revision duration of the excess emissions caused the requirements of the Clean Air Act, is designed to implement a pilot project by the malfunction were minimized to as amended in 1990 (CAA or the Act) developed under Project XL, an the maximum extent practicable; and to facilitate implementation of the (v) All possible steps were taken to important EPA initiative to allow XL Project at Imation. Such regulated entities to achieve better minimize the impact of the excess implementation will result in superior emissions on ambient air quality; environmental results at less cost. environmental performance and, at the Project XL—for ‘‘eXcellence and (vi) All emissions monitoring systems same time, provide Imation with greater were kept in operation if at all possible; Leadership’’—was announced on March operational flexibility. 16, 1995, as a central part of the and EPA’s final action on this proposed (vii) The owner or operator’s actions National Performance Review’s and rule will incorporate the rule into the EPA’s effort to reinvent environmental in response to the excess emissions federally approved SIP. EPA has were documented by properly signed, protection. See 60 FR 27282 (May 23, evaluated this rule and is proposing to 1995). In addition, on April 22, 1997, contemporaneous operating logs, or approve it under provisions of the CAA other relevant evidence. EPA modified its guidance on Project regarding EPA action on SIP submittals, XL, solicited new XL proposals, SIPs for national primary and secondary PART 52ÐAPPROVAL AND clarified EPA definitions, and described ambient air quality standards, and plan PROMULGATION OF changes intended to bring greater requirements for nonattainment areas. IMPLEMENTATION PLANS efficiency to the process of developing DATES: Comments must be received on XL projects. See 62 FR 19872 (April 22, 1. The authority citation for part 52 or before October 8, 1999. 1997). The Imation XL Project was the continues to read as follows: ADDRESSES: Comments. Written subject of a recent Federal Register Authority: 42 U.S.C. 7401, et seq. comments should be submitted in notice announcing the proposed duplicate to: David Albright, Permits implementation of the project, making Subpart GGÐNew Mexico Office (AIR–3), Air Division, U.S. available the proposed Final Project 2. Subpart GG is proposed to be Environmental Protection Agency, Agreement (FPA), and soliciting public amended by adding § 52.1641 to read as Region IX, 75 Hawthorne Street, San comment on the FPA and the project follows: Francisco, CA 94105–3901. overall. See 64 FR 37785, July 13, 1999. Docket. A docket containing EPA is proposing SIP approval of Rule § 52.1641 Federal Implementation Plan for supporting information used in 37 under a procedure called parallel Four Corners Power Plant, Navajo Nation. developing this rulemaking, including processing, whereby EPA proposes The Federal Implementation Plan copies of the State submittal, the rule, rulemaking action concurrently with the regulating emissions from the Four and EPA’s evaluation report of the rule State’s procedures for amending its

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.046 pfrm04 PsN: 08SEP1 48740 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules regulations. See 40 CFR part 51, rule that the VCAPCD Board adopts and ADDRESSES and FOR FURTHER appendix V. If the proposed revision is which is approved into the SIP, the INFORMATION CONTACT sections of this substantially changed in areas other main tenets of the FPA will be made document. than those identified in the proposed enforceable by EPA, the State, and EPA is proposing to approve the site- rulemaking, EPA will evaluate those citizens. A key element of the proposed specific California SIP revision for changes and may publish another SIP revision, and the Imation XL Imation, which was submitted on July proposed rule. If no substantial changes project, is the authorization of a PAL for 30, 1999. This proposed plan revision is are made other than those areas cited in volatile organic compounds (VOCs). The not intended to address any outstanding the proposal, EPA will publish a final VOC PAL, a voluntary VOC emissions issues with the Ventura County APCD rulemaking on the revisions. The final cap accepted by Imation, is based on NSR program that will be the subject of rulemaking action by EPA will occur actual emissions and provides Imation a future EPA rulemaking on District only after the SIP revision has been with the flexibility to add and modify Rule 26. EPA is soliciting public adopted by California and submitted emissions units below the PAL level comments on the issues discussed in formally to EPA for incorporation into without triggering traditional new this proposal or on other relevant the SIP. On August 23, 1999, EPA source review requirements. The matters. These comments will be reviewed Rule 37 for completeness and proposed revision also institutes several considered before taking final action. found that the rule conforms to the unique requirements and procedures for Interested parties may participate in the completeness criteria in 40 CFR part 51, operations at the facility, and exempts Federal rulemaking procedure by appendix V (criteria for plans submitted specified Imation activities from two submitting written comments to the explicitly for parallel processing). existing VCAPCD rules—Rule 10 EPA Regional office listed in the The submitted rule authorizes Imation (Permits Required) and Rule 26 (New ADDRESSES section of this action. Copies to implement a plantwide applicability Source Review). of the proposed site-specific SIP limit (PAL) for reactive organic Section 110(a)(2)(C) of the Act revision and EPA’s evaluation of the compounds (ROCs).1 The rule requires state programs to institute a revision are available in the docket for establishes conditions for setting, preconstruction review program, today’s action and are also available on evaluating, renewing, and complying generally referred to as ‘‘minor NSR.’’ the world wide web at http:// with the VOC PAL. The rule also VCAPCD’s NSR program (See Rule 26) www.epa.gov/ProjectXL. establishes requirements for emission requires new source review permitting The Agency has reviewed this request reduction credit (ERC) banking and for ‘‘any new, replacement, modified, or for revision of the Federally-approved offsetting under the PAL, applying relocated emissions unit which would State implementation plan for control technology, conducting health have a potential to emit any * ** conformance with the provisions of the risk assessments, and implementing any Reactive Organic Compounds.’’ Such 1990 amendments enacted on November facility changes that are pre-approved in permitting under Rule 26 would 15, 1990. The Agency has determined Imation’s part 70 permit. Finally, the typically require BACT for any ROC that this action conforms with those rule exempts Imation from District emissions (no threshold) and offsets for requirements irrespective of the fact that Rules 10 (Permits Required) and 26– ROC emissions above 5 tpy. In order to the submittal preceded the date of 26.10 (New Source Review) for facility provide Imation flexibility with regard enactment. changes implemented in accordance to Rule 26, EPA is today proposing EPA has evaluated the submitted rule with Rule 37. approval of this source-specific SIP and has determined that it is consistent III. EPA Evaluation and Proposed revision that will apply only to the with the CAA and EPA regulations. Action operations at Imation. The source- Therefore, Ventura County APCD Rule specific SIP revision would exempt 37—Project XL—is being proposed for The proposed SIP revision would Imation from the requirements of Rules establish an alternative approach that approval under section 110(k)(3) of the 10 and 26, but require the source to CAA as meeting the requirements of would replace the VCAPCD New Source keep their emissions below the VOC Review (NSR) program for new and section 110(a) and part D. PAL, apply California BACT 2 for facility Nothing in this action should be modified emission sources at Imation. modifications, and follow specified The SIP revision, which is only construed as permitting or allowing or procedures for adding new equipment establishing a precedent for any future applicable to the operations at Imation, or modifying existing equipment. The is a critical element of the Imation XL implementation plan. Each request for requirements contained in the source- revision to the state implementation Project as it will ensure that operations specific SIP revision, in conjunction at the Imation facility that are plan shall be considered separately in with Imation’s transfer of VOC emission light of specific technical, economic, implemented in accordance with the XL reduction credits (ERCs) to the District, project are not in conflict with federally and environmental factors and in assure that any new construction or relation to the relevant statutory and enforceable SIP requirements. equipment modification allowed under The proposed SIP revision is regulatory requirements. the source’s title V permit will be comprised of several of the most critical carried out in a manner that is at least IV. Administrative Requirements terms and conditions from the proposed as environmentally protective as what Imation Final Project Agreement (FPA), A. Executive Order 12866 would have been required under Rules a document that represents the 10 and 26. EPA has prepared a The Office of Management and Budget intentions of all parties to the XL Project (OMB) has exempted this regulatory agreement but that is not legally Technical Support Document (TSD) for this proposed rulemaking which further action from Executive Order (E.O.) enforceable. By incorporating these 12866, Regulatory Planning and Review. terms and conditions into a VCAPCD describes the requirements of Rule 37 and EPA’s evaluation of the rule. The B. Executive Order 12875 TSD is available as described in the 1 The VCAPCD term reactive organic compound Under Executive Order 12875, ‘‘ROC’’ is functionally equivalent to EPA’s term volatile organic compound ‘‘VOC.’’ In this 2 CA BACT, as defined in VCAPCD rules, is Enhancing the Intergovernmental document, the terms ‘‘volatile organic compound’’ equivalent to federally defined lowest achievable Partnership, EPA may not issue a and ‘‘VOC’’ are used. emissions rate (LAER). regulation that is not required by statute

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.012 pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48741 and that creates a mandate upon a State, costs incurred by the tribal therefore no information collection local or tribal government, unless the governments, or EPA consults with request (ICR) will be submitted to the Federal government provides the funds those governments. If EPA complies by Office of Management and Budget necessary to pay the direct compliance consulting, Executive Order 13084 (OMB) for review in compliance with costs incurred by those governments, or requires EPA to provide to the Office of the Paperwork Reduction Act, 44 U.S.C. EPA consults with those governments. If Management and Budget, in a separately 3501 et seq. EPA complies by consulting, Executive identified section of the preamble to the Order 12875 requires EPA to provide to rule, a description of the extent of EPA’s G. Unfunded Mandates the Office of Management and Budget a prior consultation with representatives description of the extent of EPA’s prior of affected tribal governments, a Under section 202 of the Unfunded consultation with representatives of summary of the nature of their concerns, Mandates Reform Act of 1995 affected State, local and tribal and a statement supporting the need to (‘‘Unfunded Mandates Act’’), signed governments, the nature of their issue the regulation. In addition, into law on March 22, 1995, EPA must concerns, copies of any written Executive Order 13084 requires EPA to prepare a budgetary impact statement to communications from the governments, develop an effective process permitting accompany any proposed or final rule and a statement supporting the need to elected officials and other that includes a Federal mandate that issue the regulation. In addition, representatives of Indian tribal may result in estimated annual costs to Executive Order 12875 requires EPA to governments ‘‘to provide meaningful State, local, or tribal governments in the develop an effective process permitting and timely input in the development of aggregate; or to private sector, of $100 elected officials and other regulatory policies on matters that million or more. Under section 205, representatives of State, local and tribal significantly or uniquely affect their EPA must select the most cost-effective governments ‘‘to provide meaningful communities.’’ Today’s rule does not and least burdensome alternative that and timely input in the development of significantly or uniquely affect the achieves the objectives of the rule and regulatory proposals containing communities of Indian tribal is consistent with statutory significant unfunded mandates.’’ governments. Accordingly, the requirements. Section 203 requires EPA Today’s rule does not create a mandate requirements of section 3(b) of E.O. to establish a plan for informing and on State, local or tribal governments. 13084 do not apply to this rule. advising any small governments that The rule does not impose any E. Regulatory Flexibility Act may be significantly or uniquely enforceable duties on these entities. Accordingly, the requirements of The Regulatory Flexibility Act (RFA) impacted by the rule. section 1(a) of E.O. 12875 do not apply generally requires an agency to conduct EPA has determined that the approval to this rule. a regulatory flexibility analysis of any action promulgated does not include a rule subject to notice and comment Federal mandate that may result in C. Executive Order 13045 rulemaking requirements unless the estimated annual costs of $100 million Protection of Children from agency certifies that the rule will not or more to either State, local, or tribal Environmental Health Risks and Safety have a significant economic impact on governments in the aggregate, or to the Risks (62 FR 19885, April 23, 1997), a substantial number of small entities. private sector. This Federal action applies to any rule that: (1) is Small entities include small businesses, approves pre-existing requirements determined to be ‘‘economically small not-for-profit enterprises, and under State or local law, and imposes significant’’ as defined under E.O. small governmental jurisdictions. This no new requirements. Accordingly, no 12866, and (2) concerns an final rule will not have a significant environmental health or safety risk that impact on a substantial number of small additional costs to State, local, or tribal EPA has reason to believe may have a entities because SIP approvals under governments, or to the private sector, disproportionate effect on children. If section 110 and subchapter I, part D of result from this action. the regulatory action meets both criteria, the Clean Air Act do not create any new List of Subjects in 40 CFR Part 52 the Agency must evaluate the requirements but simply approve environmental health or safety effects of requirements that the State is already Environmental protection, Air the planned rule on children, and imposing. Therefore, because the pollution control, Carbon monoxide, explain why the planned regulation is Federal SIP approval does not create Hydrocarbons, Intergovernmental preferable to other potentially effective any new requirements, I certify that this relations, Nitrogen dioxide, Ozone, and reasonably feasible alternatives action will not have a significant Particulate matter, Reporting and considered by the Agency. This rule is economic impact on a substantial recordkeeping requirements, Sulfur not subject to E.O. 13045 because it is number of small entities. Moreover, due oxides. does not involve decisions intended to to the nature of the Federal-State mitigate environmental health or safety relationship under the Clean Air Act, Dated: August 24, 1999. risks. preparation of flexibility analysis would David P. Howekamp, constitute Federal inquiry into the Acting Regional Administrator, Region IX. D. Executive Order 13084 economic reasonableness of state action. [FR Doc. 99–23280 Filed 9–7–99; 8:45 am] Under Executive Order 13084, The Clean Air Act forbids EPA to base BILLING CODE 6560±50±P Consultation and Coordination with its actions concerning SIPs on such Indian Tribal Governments, EPA may grounds. Union Electric Co., v. U.S. not issue a regulation that is not EPA, 427 U.S. 246, 255–66 (1976); 42 required by statute, that significantly or U.S.C. 7410(a)(2). uniquely affects the communities of Indian tribal governments, and that F. Paperwork Reduction Act imposes substantial direct compliance This action applies only to one costs on those communities, unless the company, and therefore requires no Federal government provides the funds information collection activities subject necessary to pay the direct compliance to the Paperwork Reduction Act, and

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ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: This AGENCY AGENCY proposed rule was issued under section 3001(b) of RCRA. EPA proposed to list 40 CFR Part 62 40 CFR Parts 148, 261, 268, 271, and as hazardous certain wastes generated 302 from the production of certain dyes and [MD±091±3041b; FRL±6433±6] [SWH±FRL±6434±3] pigments because these wastes present a substantial present or potential risk to Approval and Promulgation of State Extension of Comment Period for the human health or the environment. See Plans for Designated Facilities and Proposed Identification and Listing of 64 FR 40192 (July 23, 1999) for a more Pollutants; Maryland; Control of Hazardous Waste/Dye and Pigment detailed explanation of the proposed Emissions from Existing Municipal Wastes rule. Solid Waste Landfills The comment period for this AGENCY: Environmental Protection proposed rule was scheduled to end on AGENCY: Environmental Protection Agency. September 21, 1999. However, several Agency (EPA). ACTION: Proposed rule; extension of commenters have requested that EPA ACTION: Proposed rule. comment period. extend the comment period by 30 days. EPA is extending the comment period SUMMARY: The U.S. Environmental SUMMARY: EPA proposes to approve the until October 21, 1999. municipal solid waste landfill 111(d) Protection Agency (EPA or Agency) is As noted in the proposed rule, you plan submitted by the Air and Radiation extending the comment period for the should identify any comments in Management Administration, Maryland proposed listing determination for dyes electronic format with the docket Department of the Environment (MDE) and pigments, which appeared in the number F–1999–DPIP–FFFFF. You must on March 23, 1999 for the purpose of Federal Register on July 23, 1999 (64 FR submit all electronic comments as an controlling landfill gas emissions from 40192). The public comment period for ASCII (text) file, avoiding the use of existing municipal solid waste (MSW) this proposed rule was to end on special characters and any form of landfills. In the final rules section of the September 21, 1999. The purpose of this encryption. If you do not submit Federal Register, EPA is approving the notice is to extend the comment period comments electronically, EPA is asking plan. A detailed rationale for the to end on October 21, 1999. prospective commenters to voluntarily approval is set forth in the direct final DATES: EPA will accept public submit one additional copy of their rule. If no adverse comments are comments on this proposed listing comments on labeled personal computer received in response to this rule, no determination until October 21, 1999; diskettes in ASCII (text) format or a further activity is contemplated in comments postmarked after this date word processing format that can be relation to this rule. If EPA receives will be marked ‘‘late’’ and may not be converted to ASCII (text). It is essential relevant adverse comments, the direct considered. to specify on the disk label the word final rule will be withdrawn and all ADDRESSES: The public must send an processing software and version/edition public comments received will be original and two copies of their as well as the commenter’s name. This addressed in a subsequent final rule comments to EPA RCRA Docket Number will allow EPA to convert the comments based on this proposed rule. EPA will F–1999–DPIP–FFFFF, RCRA into one of the word processing formats not institute a second comment period Information Center (5305W), U.S. EPA, utilized by the Agency. Please use on this document. Any parties 401 M Street, SW., Washington, DC. To mailing envelopes designed to interested in commenting on this hand-deliver comments, the address is physically protect the submitted document should do so at this time. U.S. EPA, Crystal Gateway, First Floor, diskettes. EPA emphasizes that 1235 Jefferson Davis Highway, DATES: Comments must be received in submission of comments on diskettes is Arlington, VA. You may also submit writing by October 8, 1999. not mandatory, nor will it result in any comments electronically by sending advantage or disadvantage to any ADDRESSES: Comments may be mailed to electronic mail through the Internet to: commenter. Supporting documents in Walter Wilkie, Chief, Technical [email protected]. See the the docket for this Notice are also Assessment Branch, Mailcode 3AP22, beginning of Supplementary available in electronic format on the Environmental Protection Agency, Information for instructions on Internet. Follow these instructions to Region III, 1650 Arch Street, electronic submission. access these documents. Philadelphia, Pennsylvania 19103. You should not submit electronically WWW: http://www.epa.gov/epaoswer/ FOR FURTHER INFORMATION CONTACT: any confidential business information hazwaste/id/dyes/index.htm James B. Topsale at (215) 814–2190, or (CBI). You must submit an original and FTP: ftp.epa/gov by e-mail at [email protected]. While two copies of CBI under separate cover Login: anonymous additional information may be obtained to: RCRA CBI Document Control Officer, Password: your Internet address via e-mail, comments must be submitted Office of Solid Waste (5305W), U.S. Files are located in /pub/gopher/ in writing to the address provided EPA, 401 M Street, SW, Washington, OSWRCRA. above. D.C. 20460. See the Supplementary EPA will keep the official record for Information for information of viewing SUPPLEMENTARY INFORMATION: See the this action in paper form. Accordingly, information provided in the direct final public comments and supporting we will transfer all comments received rule of the same title which is located materials. electronically into paper form and place in the rules section of the Federal FOR FURTHER INFORMATION CONTACT: For them in the official record, which will Register. technical information concerning this also include all comments submitted notice, please contact Mr. Narendra directly in writing. The official record is Dated: August 30, 1999. Chaudhari, Office of Solid Waste the paper record maintained at the Thomas Voltaggio, (5304W), U.S. Environmental Protection address in ADDRESSES at the beginning Acting Regional Administrator, Region III. Agency, 401 M Street, SW., Washington, of this document. [FR Doc. 99–23190 Filed 9–7–99; 8:45 am] DC 20460, (703) 308–0454 EPA responses to comments, whether BILLING CODE 6560±50±P ([email protected]). the comments are written or electronic,

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.010 pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48743 will be in a document in the Federal Convention on International Trade in and Flora (CITES) on July 1, 1975 (the Register or in a response to comments Endangered Species of Wild Fauna and date of entry into force of the CITES document placed in the official record Flora (CITES), except that the Appendix Convention), which thereby prohibited for this rulemaking. We will not II semi-captive populations of all primarily commercial, international immediately reply to commenters Catamarca, Jujuy, La Rioja, Salta, and trade in vicun˜ a products. Certain electronically other than to seek San Juan Provinces in Argentina are populations of vicun˜ a in Chile and Peru clarification of electronic comments that specifically excluded from the special were subsequently transferred to CITES may be garbled in transmission or rule until such time as their Appendix II at the sixth meeting of the during conversion to paper form, as conservation benefit for wild vicun˜ a CITES Conference of the Parties (COP6) discussed above. populations has been demonstrated in 1987. The remaining vicun˜ a You may view public comments and adequately. It is proposed that populations in Peru were transferred to supporting materials in the RCRA importation into the United States of Appendix II in 1994 at CITES COP9, Information Center (RIC), located at wool and legal vicun˜ a products made and certain populations in Argentina Crystal Gateway I, First Floor, 1235 from wool that originated from and Bolivia were transferred to Jefferson Davis Highway, Arlington, VA. threatened and approved Appendix II Appendix II in 1997 at CITES COP10. The RIC is open from 9 a.m. to 4 p.m., populations will require valid CITES These transfers to Appendix II, Monday through Friday, excluding export permits from the country of reflecting improved conservation status federal holidays. To review docket origin and also the country of re-export, for specified vicun˜ a populations, allow materials, we recommend that you make when applicable. Should the the international trade under carefully an appointment by calling (703) 603– conservation or management status of controlled conditions, of products 9230. You may copy a maximum of 100 threatened vicun˜ a populations change manufactured from vicun˜ a wool. This pages from any regulatory docket at no in one or more range countries, the international trade, however, is still charge. Additional copies cost $0.15/ potential would remain to repeal the excluded from the United States, page. special rule or reclassify the population because of the species’ listing under the Endangered Species Act. The United Dated: August 31, 1999. as endangered, should that become necessary for the conservation of the States supported the CITES transfers of Elizabeth A. Cotsworth, vicun˜ a. The Service invites information the populations to Appendix II, based Director, Office of Solid Waste. and comments on this proposed rule. on the information received at the [FR Doc. 99–23278 Filed 9–7–99; 8:45 am] The analysis of the information and aforementioned meetings of the BILLING CODE 6560±50±P comments received could lead to a final Conference of the Parties, where the decision that would differ substantially CITES Parties voted to adopt the from this proposal. proposed transfers to Appendix II. The DEPARTMENT OF THE INTERIOR DATES: Comments must be received by information in the relevant CITES December 7, 1999. Public hearing listing proposals is available on request Fish and Wildlife Service requests must be received by October from the Office of Scientific Authority 25, 1999. (see ADDRESSES Section). 50 CFR Part 17 We received a petition on October 5, ADDRESSES: Comments and relevant RIN 1018±AE04 1995, from the President of the information concerning this proposal International Vicun˜ a Consortium, should be sent to the Chief, Office of Endangered and Threatened Wildlife requesting that the vicun˜ a be removed Scientific Authority; mail stop: and Plants; Proposed Reclassification from the U.S. list of endangered and Arlington Square, room 750, U.S. Fish of Certain VicunÄ a Populations From threatened wildlife, or reclassified with and Wildlife Service; Washington, DC Endangered to Threatened and a a special rule that would allow for a 20240, or via E-mail to: [email protected]. Proposed Special Rule commercial trade that would benefit the Comments and materials received will conservation of the species. The AGENCY: Fish and Wildlife Service, be available for public inspection by petitioners cited the following as Interior. appointment, from 8 a.m. to 4 p.m., reasons for the requested ACTION: (1) ACTION: Proposed rule. Monday through Friday, in Room 750, Improved management of vicun˜ a 4401 North Fairfax Drive, Arlington, populations, (2) improved enforcement SUMMARY: The U.S. Fish and Wildlife Virginia 22203. and trade controls, and (3) recognition Service (Service) proposes to reclassify FOR FURTHER INFORMATION CONTACT: Dr. that regulated commerce could be vicun˜ a (Vicugna vicugna) populations Susan S. Lieberman, Chief, Office of beneficial to both rural communities of Argentina, Bolivia, Chile and Peru Scientific Authority, at the above that share landscapes with vicun˜ as and from endangered to threatened under address, or by phone (703–358–1708), the vicun˜ as themselves. The petitioners the U.S. Endangered Species Act (Act or fax (703–358–2276), or E-mail provided limited supportive ESA). The recently re-introduced ([email protected]). documentation. population of Ecuador, treated as a SUPPLEMENTARY INFORMATION: Our 90-day finding on whether the distinct population segment under the petition presents substantial scientific Act in accordance with the Service’s Background data is subsumed within this proposed Policy on Distinct Vertebrate Population The vicun˜ a (Vicugna vicugna) was rule, which finds that: (1) Segments (61 FR 4722), will remain listed as endangered under the U.S. Reclassification of the vicun˜ a from listed as endangered. The Service also Endangered Species Act on June 2, endangered to threatened is warranted proposes to establish a special rule 1970. Among other things, the effect of for all range countries except Ecuador; (under Section 4(d) of the Act) allowing that listing was the prohibition of U.S. and (2) that a special rule (also referred the importation into the United States of interstate or international commerce in to as a 4(d) rule) is warranted for all wool and legal vicun˜ a products vicun˜ a products. All populations of the Appendix II populations, with the produced with wool from vicun˜ a vicun˜ a were included in Appendix I of exception of the Appendix II semi- populations listed both as threatened the Convention on International Trade captive populations of Catamarca, Jujuy, under the Act and in Appendix II of the in Endangered Species of Wild Fauna La Rioja, Salta, and San Juan Provinces

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The rule on information provided in the threatened because of any one or a Altoandina Ecoregion comprises high submissions of the petitioner, other combination of the following factors: (A) Andean foothills, escarpments and documents including those submitted in The present or threatened destruction, outcroppings and the Puna Ecoregion support of the aforementioned CITES modification, or curtailment of its represents areas of high plains or listing proposals, and the Service’s habitat or range; (B) Overutilization for tablelands between mountain ranges. status review for the vicun˜ a, which commercial, recreational, scientific, or The habitats vary climatically on both included interviews with educational purposes; (C) Disease or attitudinal and latitudinal scales but are knowledgeable personnel from the predation; (D) The inadequacy of generally arid and cold, resulting in vicun˜ a range states, responses to existing regulatory mechanisms; or (E) limited vegetation cover. The habitat of questions asked of each range country, Other natural or human-made factors the vicun˜ a in the high Andean plateau and a 1997 on-site assessment of vicun˜ a affecting its continued existence. region varies from 3,200 to 4,800 m populations and management in We base this proposed rule on an above sea level. This highland habitat Argentina, Bolivia, Chile and Peru by a assessment of the five listing factors has been somewhat degraded by contractor working for the National Fish within the Act. The assessment humans and their domesticated and Wildlife Foundation (Dr. Henry L. considers the present biological status of livestock, but still represents an Short, Amherst, Massachusetts). All the vicun˜ a within the range countries of extensive habitat for vicun˜ a. The low personal communications and responses Argentina, Bolivia, Chile and Peru. No average density of 1 vicun˜ a per 103 ha to questions asked of range countries assessment of the status of the species reflects the limited carrying capacity of cited in the text were received by Dr. is made for the small population that the high Andean habitats as well as the Short, unless otherwise noted (see has recently been reintroduced into fact that many vicun˜ a habitats are References Cited Section). The Service Ecuador. That is a protected population, understocked. National Reserves, contracted with the National Fish and that will not be exploited in the National Parks, Protected Areas, or Wildlife Foundation in 1997 to evaluate foreseeable future. We do not propose to Provincial Reserves where vicun˜ a are the conservation and management status change that population’s endangered protected are scattered throughout of vicun˜ a populations, and to make classification under the Act. vicun˜ a habitat in each of the four recommendations about the species’ Some scientists recognize two countries considered in this proposed status, through a fact-finding mission to subspecies of vicun˜ a—V. v. mensalis in rule. vicun˜ a range countries. the northern portion of the range and The vicun˜ a produces a wool that is of V. v. vicugna to the south. These are Argentina very fine texture (about 12 microns in putative subspecies in that they have Vicun˜ a distribution in Argentina diameter) that can be woven into luxury been described on the basis of slight includes portions of the northwestern garments. Raw wool from vicun˜ a has differences in size and color, and the provinces of Jujuy, Salta, Catamarca, La been legally auctioned at $500 per kg lack of a prominent chest fringe in V. v. Rioja, and San Juan. Vicun˜ a habitats in ($200 per lb) and an average vicun˜ a vicugna (Canedi and Pasini 1996), rather the Puna and Altoandina Ecoregions of fleece provides about 0.2 kg (0.5 lbs) of than on distinct, measured genetic Argentina cover a surface area of about fiber. Individual vicun˜ a in the high differences between the two. Because 10,000,000 ha (Canedi 1997, pers. Andean plateaus of South America thus the distribution of the vicun˜ a is more or comm.). The area of available habitat have a fleece that is worth many times less continuous from north to south has been reduced since the arrival of that of a sheep and several times that of within its range, it is possible that these Europeans in South America, because other species in the family Camelidae, two subspecies simply represent the the species is no longer present in the such as alpacas and llamas. This high endpoints of a continuum of physical Patagonian regions of Argentina. value, in a resource-poor area, can and genetic variation within the species Vicun˜ a habitat in Argentina is represent both a threat to the species from north to south. As a consequence, bounded to the west by the volcanic and an opportunity if the species is it would be very difficult to draw a chain of the Andean Cordillera in Chile, managed sustainably. The threat comes definite boundary between the two in the east by the eastern Cordillera and from illegal hunting if protection and subspecies for purposes of management the Sierra Pampeanas mountains, in the incentives for management are poor; the or listing under the Act. Therefore, the north by contiguous vicun˜ a habitat in opportunity exists if proceeds from the subspecies are not differentiated in this Bolivia, and in the south, vicun˜ a habitat sale of vicun˜ a wool from live-shorn rule and the term vicun˜ a, used herein, extends into the Province of San Juan. animals are substantially used to refers to populations of both putative The general area is characterized by enhance the status of native people in subspecies throughout their total range. blocks of uplifted mountains the Andean uplands and to encourage surrounding extensive valleys featuring (A) The Present or Threatened them to conserve and protect vicun˜ a. alkaline or saline flats and a rolling Destruction, Modification, or topography. Aridity is a common and Summary of Factors Affecting the Curtailment of Its Habitat or Range constant feature of the Puna. Many Species Approximately 190,000 vicun˜ a are water courses are temporary but there Section 4(a)(1) of the Act and estimated to occur at varying densities are occasional areas of damp ground regulations implementing the listing on approximately 20,500,000 ha of where surface water and green provisions of the Act (50 CFR part 424) Andean highlands extending in a rather vegetation in the form of rushes, grasses set forth the procedures for adding narrow strip from central Peru through and a variety of succulent plants occur. species to, changing the status of any Bolivia, and into northwest Argentina Much of the thin vegetation cover over listed species, or deleting species from (between 8–30 degrees South latitude). most of the Puna consists of grasses and the list of endangered and threatened The historical range of the vicun˜ a may xerophilous half-shrubs (Comisı´on wildlife. A species shall be listed or have been twice the present Regional de la Vicun˜ a, 1994).

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Temperatures are cold and frost can as a natural area of international livestock) and protective measures (for occur each day of the year. The carrying significance. The human population is example, antipoaching efforts) within capacity of the humid Puna may be as very sparse and scattered in the general protected areas, and on efforts to much as two vicun˜ a per ha but in the area of the Reserve. The 1993 vicun˜ a manage habitat outside protected areas drier Puna habitats the carrying capacity population in Laguna Blanca Reserve (including programs to combat may only be one vicun˜ a per 30 ha. was estimated to be 3,505 (CITES desertification and to reduce The Provinces of Jujuy, Salta, 1997a). In La Rioja Province, the Laguna competition with domestic livestock). Catamarca, La Rioja, and San Juan have Brava Reserve for Vicun˜ as and the Bolivia created reserves and other protected Protection of Ecosystems was created in areas for vicun˜ a. In Jujuy Province, Los 1980 and consists of 405,000 ha. Human Vicun˜ a occur in western and Pozuelos Reserve was created in 1980 habitations do not exist in the Reserve, southwestern Bolivia in the and consists of 308,000 ha. About which is contiguous with the San Departments of La Paz, Oruro, Potosi, 15,000 ha of this Reserve have been Guillermo Faunal Reserve in San Juan and Cochabamba (CITES 1997b). They incorporated into the UNESCO Man and Province. The 1996 vicun˜ a population have also been reported from the Biosphere program as a natural area of in the Reserve was estimated to be 2,187 Department of Tarija, but the reports international significance. The vicun˜ a (CITES 1997a). San Guillermo Faunal have not been confirmed (CITES 1997b). population in the Reserve in 1997 was Reserve was created in 1972 and It has been suggested (DNCB 1997, pers. estimated to be 2,750 (CITES 1997a). consists of 880,260 ha. In 1982 it comm.) that vicun˜ a may once have The Olaro´z-Cauchari Flora and Wildlife became part of the UNESCO Man and ranged over 13,000,000 to 16,700,000 ha Reserve was created in 1981 to enhance Biosphere program as a natural area of in the Puna and high plateau region of vicun˜ a populations and consists of international significance. This was the the Bolivian Andes, before colonization 543,300 ha. The vicun˜ a population in first Provincial Reserve dedicated by the Spaniards. the Reserve in 1994 was estimated to be primarily to the protection of the The Bolivian government has 6,500 and growing (CITES 1997a). Other vicun˜ a. This area is devoid of human established Vicun˜ a Conservation Units areas where vicun˜ a are protected in and domestic animal populations. (VCU) for administrative and Jujuy Province include Vilama (97,000 Although the area has a carrying management purposes (CNVB 1996). ha), Santa Victoria (54,600 ha), Palca de capacity estimated to be one vicun˜ a per Eight VCUs were originally established Aparzo (55,800 ha), Caballo Muerte 7 ha of habitat, the 1992 vicun˜ a by the Instituto Nacional de Fomento (18,500 ha), Casa Colorado (31,000 ha), population in the Reserve was estimated Lanero (INFOL 1985); a ninth unit was Abra de Zenta (69,000 ha) and Serranias to be only 7,100 (CITES 1997a). subsequently added as a result of the del Chani (158,900 ha) (CITES 1997a; V. We have virtually no quantitative National Vicun˜ a Census of 1996 (CNVB Lichtschein, Management Authority of information on the extent or condition 1996). These nine VCUs encompass all Argentina, pers. comm. with K. Johnson, of vicun˜ a habitats outside protected of the vicun˜ a’s geographic range within Office of Scientific Authority (OSA), areas in Argentina. Anecdotal Bolivia. The National Vicun˜ a Census of 1999). These areas are not listed in the information suggests that overgrazing by 1996 recorded vicun˜ a populations in 76 WCMC Protected Areas Database, so we domestic livestock (leading to soil ‘‘registered census areas’’ totaling are unclear as to their actual protective compaction and desertification) and 3,428,356 ha within the nine VCUs. status (i.e., whether they are national, direct competition for forage with These registered census areas are provincial, local or private protected domestic livestock may be important distributed throughout the Bolivian areas). The high altitude experimental factors limiting the growth of vicun˜ a highlands at an elevation range between station (Campo Experimental de Altura populations outside protected areas 3,600 and 4,800 m. Thirty of these or CEA) is located at Abra Pampa in (CITES 1997a). Other information registered census areas did not have any Jujuy Province. This experimental indicates that some competition with vicun˜ a in the previous national census station of 3,000 ha is dedicated to the domestic herbivores occurs in the arid (1986), indicating a significant increase development of appropriate Puna where precipitation is <300 mm in the vicun˜ a’s distribution within management procedures to enhance per year but that competition is not as Bolivia over a 10-year period. Sixty-nine fiber production of vicun˜ a, assure the much of a problem in the humid Puna percent of the vicun˜ a counted in 1996 survival of the species, and to enhance where precipitation may exceed 500 (23,393 of 33,844) occurred in the the economic well-being of certain Puna mm per year. A program to combat Conservation Units of Lipez-Chichas, ranchers. The human population is very desertification has apparently been Mauri-Desaguadero and Ulla Ulla. low throughout the Reserves and initiated in Jujuy Province (CITES Vicun˜ a are found in a number of protected areas of the Province. 1997a). protected areas in Bolivia. Within the In Salta Province, the Los Andes The limited quantitative information National System of Protected Areas Wildlife Reserve of 1,440,000 ha was presently available to us indicates that (Sistema Nacional de Areas Protegidas, created in 1980. The rigorous climate vicun˜ a populations throughout or SNAP), vicun˜ a occur in the Ulla Ulla restricts the human population to very Argentina are not endangered by the National Fauna Reserve (150,000), the low densities. Agriculture does not exist present or threatened destruction, Eduardo Avaroa National Andean Fauna in this area and the ranching of cattle, modification, or curtailment of habitat Reserve (714,000 ha), and Cerro Sajama sheep, goats and llamas is rudimentary. or range. However, they remain National Park (100,230 ha) (information Although the carrying capacity for threatened by this factor (especially from WCMC Protected Areas Database vicun˜ a in the Reserve is estimated to be overgrazing and direct competition with 1999). Other protected areas with one individual per 30 ha, a partial domestic livestock) throughout vicun˜ a are the Huancaroma Vicun˜ a census in 1993 counted only 2,000 Argentina. Through this proposed rule, Reserve (140,429 ha), Huancaroma vicun˜ a (CITES 1997a). In Catamarca we seek additional, quantitative Wildlife Refuge (11,000 ha), Llica Province, the Laguna Blanca Wildlife information on the status of vicun˜ a National Park (97,500 ha), Yura National Reserve was created in 1979 and habitats throughout Argentina. We Fauna Reserve (96,853 ha), Altamachi enlarged in 1982 to 973,270 ha at which especially seek detailed information on Vicun˜ a Reserve (100,000 ha), and the time it became recognized by the land use restrictions (for example, Incakasani-Altamachi Andean Fauna UNESCO Man and Biosphere program prohibitions on the grazing of domestic Reserve (23,000 ha)

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(information from WCMC Protected Zone (90,146 ha), Lauca National Park population, plus the large number of Areas Database 1999). (137,883 ha) and the Vicun˜ a National community-based management The area where vicun˜ a are presently Reserve (209,131 ha) within Parinacota programs there. Overgrazing by found in Bolivia is expanding, but will Province. A few vicun˜ a also occur in domestic livestock and direct likely never equal the former Salar de Surire Natural Monument in competition for forage with domestic distribution range because of habitat Parinacota Province (11,298 ha), and livestock may still threaten certain changes caused by overgrazing by sheep Isluga Volcano National Park in Iquique vicun˜ a populations in Peru. Through and other domestic livestock, and Province, Tarapaca Region (174,744 ha). this proposed rule, we are seeking human-caused developments such as Information presently available to the additional, quantitative information on roads and cities. Vicun˜ a generally occur Service indicates that vicun˜ a the status of vicun˜ a habitats throughout on communal property lands in Bolivia. populations in Chile are probably not Peru. We especially seek detailed In the northern highlands vicun˜ a share endangered by the present or threatened information on land use restrictions (for habitats mainly with alpacas, in the destruction, modification, or example, prohibitions on the grazing of central highlands with cattle, sheep, curtailment of habitat or range. This is domestic livestock) and protective llamas, alpacas and agriculture, and in because the overwhelming majority of measures (for example, antipoaching the southern highlands with llamas vicun˜ a in Chile occur in protected areas efforts) within protected areas, and on (CITES 1997b). Overgrazing, especially where there is some measure of control efforts to manage habitat outside by sheep, has reduced range carrying over domestic livestock grazing. protected areas (including programs to capacity in many areas. However, overgrazing by domestic combat desertification and to reduce The limited quantitative information livestock and direct competition for competition with domestic livestock). presently available to us indicates that forage with domestic livestock may still vicun˜ a populations throughout Bolivia threaten vicun˜ a populations in Chile. (B) Overutilization for Commercial, are not endangered by the present or Through this proposed rule, we seek Recreational, Scientific, or Educational threatened destruction, modification, or additional, quantitative information on Purposes curtailment of habitat or range. the status of vicun˜ a habitats throughout Vicun˜ a wool was valued by the Incas However, overgrazing by domestic Chile. We especially seek detailed and estimates suggest there may have livestock and direct competition for information on land use restrictions (for been 1,000,000 to 1,500,000 vicun˜ as in forage with domestic livestock are still example, prohibitions on the grazing of the region during the Incan period. considered to threaten vicun˜ a domestic livestock) and protective Although utilized by the Incas, there is populations throughout Bolivia. measures (for example, antipoaching no evidence that the species was Through this proposed rule, we are efforts) within protected areas, and on exploited at unsustainable levels. After seeking additional, quantitative effort to manage habitat outside destruction of the Inca Empire by information on the status of vicun˜ a protected areas (including programs to Europeans, vicun˜ as were slaughtered in habitats throughout Bolivia. We combat desertification and to reduce large numbers for both their meat and especially seek detailed information on competition with domestic livestock). wool. In the 1950’s populations may land use restrictions (for example, still have totaled 400,000, but hunting prohibitions on the grazing of domestic Peru pressures and livestock competition livestock) and actual protective Vicun˜ a in Peru in 1997 were may have reduced the total population measures (for example, antipoaching estimated to occur on about 6,361,000 to about 6,000 individuals by 1965 efforts) within protected areas, on the ha throughout the 15,000,000 to (Nowak 1991). Other authors suggest status of development of Vicun˜ a 17,000,000 ha of suitable habitat in the somewhat different numbers but similar Management Plans and Soil Use Plans Peruvian high plains. Factors that could trends. in the three pilot areas of the National impact future areas of vicun˜ a habitat Vicun˜ a numbers in individual range Vicun˜ a Conservation Program (Lipez- include increased urbanization, countries have apparently fluctuated as Chichas, Mauri Desauadero, and Ulla successful reintroductions of vicun˜ a political and economic stability has Ulla), and on current efforts to manage into present areas of suitable but fluctuated. For example, vicun˜ a habitat on lands which are not within unoccupied habitat, and the numbers in Peru were low in 1965, either the three aforementioned replacement of domestic livestock by gradually built to high levels in 1990, conservation units or officially- vicun˜ a. Vicun˜ a are better adapted to the were significantly reduced by illegal designated protected areas. We also seek rigorous climate and ecological hunting during the 1992–94 period of more information on the National conditions of the Puna, than are many civil unrest, and have since recovered to Program for the Fight Against species of domestic livestock. 1990 levels. The major breakthroughs in Desertification and Drought. Overgrazing by domestic livestock the potential management of vicun˜ a in remains the greatest threat to habitat Peru were new laws transferring the Chile conditions in the Puna. custodianship of vicun˜ a to campesinos The vicun˜ a occurs in extreme Vicun˜ a occur in 782,186 ha of (peasants) and campesino communities, northeastern Chile in the Regions of Peruvian protected areas, including giving the campesinos the responsibility Tarapaca, Antofagasta, and Atacama. Huascaran National Park (340,000 ha), to protect vicun˜ as, the implementation Over 96 percent of the vicun˜ a (19,169 of Pampa Galeras National Reserve (75,250 of protective measures, the 19,848) in Chile are found within the ha) and the Salinas and Aguada Blanca determination that it was not necessary Caquena Management Zone, Lauca National Reserve (366,936 ha) (Hoces R. to kill vicun˜ a in order to obtain wool National Park, and the Vicun˜ a National 1997, pers. comm.). from their hides, and the development Reserve within this Province (Galaz Information presently available to the of management techniques to herd, 1997, pers. comm.). These areas have Service indicates that vicun˜ a capture and shear living vicun˜ a typical vicun˜ a habitats and limited populations in Peru are not endangered (Wheeler and Hoces R. 1997). The key human populations. by the present or threatened destruction, factor has been allowing the benefits of Most vicun˜ a in Chile are found within modification, or curtailment of habitat vicun˜ a management and utilization to protected areas. These include the or range. This assessment is based on accrue collectively to campesino aforementioned Caquena Management the overall size of Peru’s vicun˜ a communities (rather than to middlemen

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.019 pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48747 or other individuals) (Wheeler and The vicun˜ a utilization scheme in support the program and support the Hoces R. 1997). Argentina consists of a developing effort presence of non-captive vicun˜ a in the The vicun˜ a remains a potentially to sustainably use wild populations in provinces, and it has enhanced the easily exploited resource. It has great Jujuy Province, and an effort to develop gendarme-rancher relationship which economic value and is a highly visible, semi-captive populations in the has improved protective measures for diurnal occupant of open landscape. provinces of Catamarca, Jujuy, La Rioja, vicun˜ a. However, we continue to have Some poaching for skins or subsistence Salta, and San Juan. This model has concerns over the appropriateness and hunting for meat probably still occurs, been developed to be relevant to the effectiveness of this approach as a as does killing of vicun˜ as because of conditions of the Argentine Puna where conservation tool for wild populations perceived competition with domestic lands are owned by individual ranchers, of vicun˜ a. The captive population at livestock. This appears to be a source of human populations are very sparse and Abra Pampa has been developed from a mortality that could potentially vast areas of potential habitat with limited number of founder animals (16 seriously impact vicun˜ a numbers, as it limited vicun˜ a populations exist (CITES females and 6 males). As such, there is has done in the past. 1997a). concern over the genetic fitness of Experimental efforts to develop animals in this population. There is also Vicun˜ a Population Status: Argentina management programs under semi- concern about possible genetic and The vicun˜ a population of Argentina is captive conditions are conducted at the disease consequences if vicun˜ a from the currently estimated to be approximately National Institute of Agriculture and Abra Pampa population are translocated 32,000 individuals and increasing, Cattle Technology (INTA) at their High to different provinces and subsequently based on censuses completed in various Altitude Experiment Station (CEA) at escape to mingle with the wild protected areas between 1992 and 1996 Abra Pampa. Studies have emphasized population. We are concerned that semi- (CITES 1997a). Data appear to be most efficient fences to contain vicun˜ a, the captive populations may be established complete for Jujuy Province, where the determination of the carrying capacity in the most favorable vicun˜ a habitat Olaro´z-Cauchari Reserve has been of different range types, and the areas, thus potentially depriving wild surveyed regularly since 1973–74, and capturing and shearing of vicun˜ a and vicun˜ a populations of important estimates are available for a number of wool processing procedures. resources such as water or forage. The experimental results have direct other areas where vicun˜ a are protected Finally, we have no information applications because a limited number (CITES 1997a). The population of Jujuy showing a demonstrable link between of vicun˜ a ranching operations have been Province was estimated to be establishment of semi-captive vicun˜ a established in Jujuy and Salta Provinces. approximately 18,000 individuals in populations and improved conservation These ranch operations have used status of wild populations (for example, 1997 (CITES 1997a). A population vicun˜ a donated from the Abra Pampa survey was recently completed in Salta a demonstrable reduction in poaching of semi-captive herd and donated fencing ˜ Province (V. Lichtschein, pers. comm. wild vicuna in areas with semi-captive materials. Vicun˜ a family units are populations, or a demonstrable with K. Johnson, OSA, 1999), but the placed into a fenced area. Individual results are not yet available to us. Data improvement in habitat conditions as a ranchers who have been trained in result of decreased domestic livestock from other provinces are somewhat vicun˜ a management have the numbers in areas with semi-captive dated and incomplete (CITES 1997a). responsibility to protect and provide for populations). The Appendix II semi- ˜ As previously mentioned, the vicuna the vicun˜ a. Young vicun˜ a, produced captive populations of Catamarca, Jujuy, population of Argentina is believed to under these semi-captive conditions, are La Rioja, Salta, and San Juan Provinces ´ be increasing. Data from the Olaroz- either used as replacement stock or are are specifically excluded from the Cauchari Reserve (where numbers returned to CEA as compensation for the proposed special rule until their increased from about 330 individuals in initial vicun˜ a donation. The semi- conservation benefit for wild vicun˜ a is 1973 to 6,500 in 1995) Laguna Brava captive herds are sheared at two year demonstrated adequately. With this Reserve, and Laguna Blanca Reserve all intervals using the techniques proposed rule, we seek substantive show substantial population increases developed at CEA. At the time of information demonstrating the over the past 10 to 20 years (CITES shearing, representatives of INTA, the conservation value (for wild vicun˜ a) of 1997a). Possible causes for the Department of Renewable Natural semi-captive vicun˜ a populations. population increases are the newly Resources, the Gendarmes (military The vicun˜ a is not considered to be developed support for vicun˜ a by the police), a Doctor of Veterinary endangered by previous or current campesino communities of the Puna, Medicine, and the wool buyer are overutilization in Argentina. It is, the creation of protected areas and the present to observe and/or supervise the however, considered to be threatened by control of illegal hunting activities operation. The wool buyer in 1997 was overutilization throughout Argentina, (Canedi 1997, pers. comm.). It is an Argentine wool processing company and will continue to be threatened until anticipated that some transplanting will that donated the fencing materials. The appropriate conservation mechanisms occur from certain areas if populations wool purchase is used to retire the debt are fully implemented and the grow to exceed carrying capacity. on the fencing materials and to provide populations fully recover, based on Vicun˜ a Utilization: Argentina immediate payment to the individual successful conservation and rancher. The wool, at the time of management. Through this proposed Poaching does not appear to be a shearing, is weighed, bagged, marked, rule, we seek additional information on major problem at present (V. sealed, recorded and stored in a sealed the status of wild vicun˜ a populations Lichtschein, pers. comm. with K. warehouse until all commercial throughout Argentina. Johnson, OSA, 1999; E. Hoffman, authorizations have been completed. journalist, pers comm. with K. Johnson, The production of vicun˜ a wool under Vicun˜ a Population Status: Bolivia OSA, 1999). Sport hunting of vicun˜ a is semi-captive conditions benefits the Vicun˜ a populations in Bolivia were not permitted in Argentina and no individual campesino rancher and is a recorded as 33,844 in the country-wide permits have been issued for the capture program growing in popularity. It is census of 1996 and current populations of wild vicun˜ a for scientific or claimed that this program enhances the are estimated at about 35,500 (DNCB educational purposes. status of vicun˜ a because the ranchers 1997, pers. comm.). The population is

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.020 pfrm04 PsN: 08SEP1 48748 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules generally thought to be increasing, and Bolivia, as well as the other signatory on 288,970 ha) in this Province were perhaps has reached carrying capacity countries to the Conven˜ o para la transferred to CITES Appendix II in in a few areas. Population data Conservacio´n y Manejo de la Vicun˜ a 1987, and would be the only determined by direct and total counts of (Convention for the Conservation and populations utilized commercially individuals on selected habitat areas are Management of the Vicun˜ a, or the should a program to capture and shear best for the three experimental pilot Vicun˜ a Convention), has agreed not to live vicun˜ a be instigated (Galaz 1997, areas—Ulla Ulla, Mauri-Desaguadero export fertile specimens of vicun˜ a. The pers. comm.). The adjacent population and Lipez Chichas whose populations sole exception has been a 1993 export in Lauca National Park (7,410 vicun˜ a on were transferred to CITES Appendix II of 100 vicun˜ as to the Republic of 153,380 ha) was retained on Appendix in 1997. Periodic censuses have Ecuador to aid in their vicun˜ a recovery I to provide further control over vicun˜ a occurred over a 30-year period for Ulla efforts. This was accomplished within in this protected natural area. The Ulla, and over a 15-year period for the the multilateral frameworks of both the vicun˜ a population in Parinacota other two pilot areas. The growth in the Vicun˜ a Convention and the CITES Province is believed to be at or near total vicun˜ a population has been both in Convention. carrying capacity in typical vicun˜ a density within well-known habitat areas Bolivia’s National Program for the habitat. The remaining four percent of and in the number of habitat areas with Conservation of Vicun˜ a is in very early Chile’s vicun˜ as occur elsewhere in the vicun˜ a. It is believed that the principal stages of implementation. Bolivia is upper Andean tablelands in reason for the growth in the general developing pilot programs for northeastern Chile. About 650 vicun˜ a vicun˜ a population is the protection harvesting and marketing wool from are believed to occur in small scattered provided by the campesino live-shorn vicun˜ a that borrow groups over about 215,000 ha elsewhere communities, especially those that have significantly on the successful in the Tarapaca Region and in the government supported game wardens. management program in Peru. The neighboring Antofagasta and Atacama initial step of the National Vicun˜ a Regions. Vicun˜ a Utilization: Bolivia Conservation Program was to transfer Vicun˜ a Utilization: Chile Some campesino communities are three substantial vicun˜ a populations in hostile to vicun˜ as because of crop areas where campesino interest and The hunting, capture and sale of ˜ ˜ depredation or perceived competition commitments were high (Ulla Ulla, vicuna and vicuna products is unlawful with domestic livestock and the fact that Mauri-Desaguadero, Lipez Chichas) in Chile and, at present, there is no national or international trade in vicun˜ a no economic benefits are presently from CITES Appendix I to II, so that fiber, no exports of living vicun˜ a and no realized from vicun˜ a. This may result in pilot management and shearing known illegal trade in vicun˜ a products. the killing of vicun˜ a, although we have programs could be perfected prior to Poaching is not considered to be a no substantive information which expanding the management programs to problem in Chile (E. Hoffman, pers. directly supports this conclusion. The other vicun˜ a habitats. The second step comm. with K. Johnson, OSA, 1999). In granting of custodianship to the local has been the development of an summary, protected areas have been communities and the delegation of agreement between the Programma established in locations with a high monitoring to the provincial Quinua Potosi (PROQUIPO) and the density of vicun˜ as, a conservation and governments is expected to provide the DNCB to operate the Pilot Center of Sud management plan has been developed mechanism to address this issue. Lipez to actually develop and demonstrate those management and for vicun˜ a, legal provisions have been ˜ Poaching of vicuna is known to occur shearing programs to enable the developed to protect the species and in Bolivia (CITES 1997b), and may be at sustainable use of the vicun˜ a through adequate protection is being provided a level that is of concern. One live shearing to be realized eventually. for the species, especially in Lauca individual was recently arrested outside Vicun˜ a population trends throughout National Park and the National Vicun˜ a La Paz with 324 vicun˜ a skins in his Bolivia are encouraging, and Reserve. possession (E. Hoffman, pers. comm. populations appear to have recovered to The vicun˜ a is not considered to be with K. Johnson, OSA, 1999). Vicun˜ a the extent that they are no longer endangered by previous or current products, including rugs made from endangered by previous and current overutilization in Chile. However, as a many skins, can be seen for sale in the overutilization. We consider that the vicun˜ a wool industry could potentially San Francisco Plaza in La Paz (E. vicun˜ a is threatened by overutilization be approved in Chile, overutilization is Hoffman, pers. comm. with K. Johnson, throughout Bolivia, and will continue to still considered to threaten the Chilean OSA, 1999). Local traditional authorities be threatened until appropriate population until such time as control use vicun˜ a ponchos, scarves and conservation mechanisms are fully mechanisms for harvest and blankets, especially at traditional implemented and the populations fully commercialization are demonstrated to celebrations (CITES 1997b). The wool recover, based on successful be adequate. used in these products comes from conservation and management. Through Vicun˜ a Population Status: Peru animals killed illegally (CITES 1997b). this proposed rule, we seek additional Tour operators in remote areas claim to information on the status of wild vicun˜ a The 1997 census in Peru estimated a encounter skinned vicun˜ a carcasses on populations throughout Bolivia. We population of 103,650 vicun˜ a on a regular basis (E. Hoffman, pers. comm. especially seek information on the 6,361,000 ha of habitat (Hoces R. 1997, with K. Johnson, OSA, 1999). magnitude of poaching. pers. comm.) in the high Andean Vicun˜ a are not captured in Bolivia for tablelands of the departments of educational or scientific purposes. Vicun˜ a Population Status: Chile Ancash, Apurimac, Arequipa, There is no intent to have commercial Over 96 percent of the vicun˜ a (19,200 Ayacucho, Cajamarca, Cusco, meat operations as the only authorized of 19,850) in Chile occur in Parinacota Huancavelica, Huanuco, Junin, La commerce will be in wool and wool Province in the extreme northeastern Libertad, Lima, Moquegua, Pasco, Puno products from live-shorn vicun˜ as from portion of the country. The populations and Tacna. Vicun˜ a populations have wild populations. At present, there is no in the Caquena Management Zone been increasing since 1994. This is trade in wool as Bolivia has a zero quota (3,700 vicun˜ a on 101,380 ha) and in the believed to be due to the increased under CITES. National Vicun˜ a Reserve (8,050 vicun˜ a efforts to control vicun˜ a poaching and

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.021 pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48749 the development of a vicun˜ a wool Dr. Short (on behalf of the National Fish habitats in neighboring communities, in utilization program. Several campesino and Wildlife Foundation). Vicun˜ as to be exchange for both a hydro-electric communities now participate in the shorn were slowly herded across a wide project and other economic assistance. protection, management and utilization habitat area and ‘‘pushed’’ into a V- The Pampa Galeras experience is the of vicun˜ a in cooperation with the shaped funnel trap. The vicun˜ a were model for other campesino communities National Council of South American eventually crowded into a corral where in Peru and will likely be the model for Camelids (CONACS) and the National they were sorted by hand to identify similar efforts in Bolivia. Campesino Institute of Natural Resources adults with adequate fleeces; this is a communities in both countries benefit (INRENA), which is the designated consideration because it takes about 18 by having some initial funds to develop CITES Management Authority for Peru. months to grow a fleece that will yield a vicun˜ a management infrastructure— shorn fibers that are 2 cm (0.78 in) long. either from the national government, as Vicun˜ a Utilization: Peru All animals were ear-tagged, identified, in Peru, or the European Community in As mentioned previously, vicun˜ a weighed and cursorily examined for aid to Bolivia. numbers in Peru have fluctuated greatly general condition. Each animal to be Efforts are apparently underway in in recent years as a result of political clipped was restrained and the fleece Peru to develop ranching of vicun˜ a (i.e., and economic instability. Vicun˜ a along the back and flanks was removed fencing of natural areas to produce numbers were low in 1965, gradually in a single mass, using electric clippers. semi-captive populations) (Wheeler and built to high levels in 1990, were That portion of the fleece was placed in Hoces R. 1997). Although translocation significantly reduced by illegal hunting a plastic bag. The shoulder, rump and of animals does not appear to be during the 1992–94 period of civil leg wool was then clipped and placed involved in this case, we still have unrest, and have since recovered to in a separate bag. Both bags of wool many of the same concerns as 1990 levels. from an individual animal were tagged, previously expressed for the semi- At present, legislation in Peru permits sealed, weighed and recorded at the captive populations in Argentina. We the taking of vicun˜ a if properly field location immediately after clipping reiterate our desire to receive authorized and technically supported. was completed. Belly and chest hair substantive information demonstrating Some culling of vicun˜ as (about 1,000 were left intact on the animal in the the conservation value (for wild vicun˜ a) per year) did occur from 1977 to 1983 belief that it would subsequently of semi-captive vicun˜ a populations. but no quotas have been declared and insulate the animal when it was resting The vicun˜ a is not considered to be little if any legal take has occurred since on cold ground. The capture, handling, endangered by previous or current that date. Any take for scientific studies clipping and the securing of the vicun˜ a overutilization in Peru. It is, however, is rare and, when authorized, is tightly fleece was accomplished by campesinos considered to be threatened by controlled. There is no legal utilization under the supervision of personnel from overutilization, and will continue to be of vicun˜ a for meat or parts. CONACS and the Sociedad Nacional de threatened until appropriate Commercialization of vicun˜ a wool la Vicun˜ a (SNV). Upon the completion conservation mechanisms are fully products will likely not result in of the clipping effort the shorn animal implemented and the populations fully overutilization of vicun˜ a because of the was released. Clipping took about two recover, based on successful system of controls that exist in minutes per animal. No significant conservation and management. monitoring wool collections, injuries were observed from the capture, (C) Disease or Predation governmental supervision by CONACS handling or clipping of the live wild and INRENA, and the involvement of vicun˜ as under these observed Vicun˜ as, like most mammals, suffer local campesino communities. CONACS conditions. from a variety of endo-and ecto- and INRENA have the responsibility to Cleaning of guard hairs and dirt from parasites. Mange caused by parasitic protect and monitor vicun˜ as within vicun˜ a fleeces is usually accomplished mites can result in skin lesions and loss protected areas such as Huascaran by women from the campesino of hair, especially in those populations National Park, Pampa Galeras National communities. Such cleaning takes about that coexist with domestic livestock, Reserve and the Salinas and Aguada 2–3 woman-days per 250-gram (9 ounce) especially during drought conditions. Blanca National Reserve. The protection fleece. Up to 100 women from the Drought conditions or extremely and monitoring of vicun˜ as in the rural Lucanas campesino community near degraded ranges adversely impact communities is a major responsibility of Pampa Galeras may be employed during vicun˜ a by causing movements to new participating campesino communities in the time period required to process an habitats with the possible dissolution of coordination with CONACS and annual harvest of up to 2,000 fleeces. some family groups and reductions in INRENA. Careful weights are kept as fleeces are reproductive rates and successes, and CONACS has developed techniques, unsealed, cleaned, re-bagged and perhaps increased mortalities. Major at Pampa Galeras, for capturing and resealed prior to auction. A single predators on vicun˜ a include the puma harvesting wool from living wild auction supervised by CONACS serves (Felis concolor), the Andean fox or zorro vicun˜ a. Capture methods are based on all campesino communities producing (Dusicyon culpaeus) and perhaps the the traditional ‘‘chaku, a surround vicun˜ a wool. Andean condor (Vultur gryphus), which technique used by the Incas to capture Vicun˜ a management essentially may kill newborn and very sick animals. and shear vicun˜ as (Wheeler and Hoces provides full-time employment for Vicun˜ a populations in the four range R. 1997). CONACS has taught and many members of the Lucanas countries are not believed to be supervised campesino communities in community—building fences, obtaining endangered from the impacts of disease this technique and other aspects of and cleaning fleeces, providing or predation, in part because the vicun˜ a management. At Pampa Galeras protection to vicun˜ a and providing numbers of individuals within each and in other areas of the Peruvian Puna, instruction to other communities population are considered to be vicun˜ as occur on communal lands and wishing to establish a vicun˜ a industry. increasing. Likewise the vicun˜ a campesinos represent an abundant and It was reported that as part of the populations are not likely to be important work force. arrangement between the Lucanas threatened by these factors if the The process used to capture and shear community and the government, 500 benefits from the commercialization of vicun˜ as was observed in August 1997 by vicun˜ as are used to restock vicun˜ a vicun˜ a wool products are used to

VerDate 18-JUN-99 15:33 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.XXX pfrm04 PsN: 08SEP1 48750 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules enhance the standard of living in and embraces the conservation of official seals or stamps. Such fabrics or campesino communities, with biological diversity and the sustainable products, expected to be limited in concomitant effective protection and development of natural resources. numbers, can only be sold to licensed enforcement. We remain concerned Several laws and decrees within the outlets recognized and approved by the about the potential for disease various Provinces list the vicun˜ a as a government. The check on whether transmission from animals that are protected species, establish protected fabrics or products are made from legal translocated for the development of areas for the species, prohibit hunting, vicun˜ a wool is determined by semi-captive populations or for release and prohibit commercialization, comparing weights of fleeces harvested to the wild to supplement wild transportation, or manufacturing of under supervised shearing operations, populations, and seek additional parts or products from hunted animals, the weight of raw wool that is retained information on this issue. regardless of origin. Laws and decrees by the authorized rancher-artisan and also allow the installation of captive the weights of woolen products (D) The Inadequacy of Existing breeding operations and the produced by that artisan. At present it Regulatory Mechanisms commercialization and industrialization is not clear to us which government The regulatory mechanisms in place of products from captive-bred animals agency supervises shearing, which vary significantly among the four range (Canedi 1997, pers. comm.). approves licensed outlets for vicun˜ a countries. Those in Peru are very The Departments of Renewable products, and which conducts checks of substantive and involve the Natural Resources for Jujuy, Salta, producers to ensure that only legal wool establishment of new governmental Catamarca and La Rioja Provinces have is used in artesanal products. There is agencies, new mechanisms to enhance signed agreements with the Secretariat apparently no national legislation that inter-community coordination, of Natural Resources and Human covers all aspects relating to the trade in enhanced vicun˜ a management Environment and the National vicun˜ a or the administrative aspects procedures and a regulated and active Gendarmes, a Federal Law Enforcement relating to this trade (CITES 1997a). vicun˜ a wool industry that currently group, to enforce provisions of Wild populations of vicun˜ a in the returns economic benefits to campesino Provincial and National laws that Province of Jujuy and semi-captive communities. Argentina has also prohibit illegal hunting and smuggling. populations of vicun˜ a in the Provinces developed regulatory mechanisms to The Gendarmes conduct extensive of Jujuy, Salta, Catamarca, La Rioja and allow the development of a vicun˜ a wool patrols in rural areas and on the borders, San Juan were transferred from CITES industry that currently benefits a small and have officers at the ports, airports Appendix I to Appendix II at CITES number of local ranchers. Bolivia is and borders. They are capable of COP10, effective September 18, 1997. currently developing mechanisms to conducting inspections and Exports are limited to wool shorn from develop a wool industry and is building investigations involving the illegal live animals, cloth and articles made on many of the procedures that are trafficking of vicun˜ a wool. They also from that cloth, luxury handicrafts and apparently successful in Peru. Chile has have an environmental division which knitted articles. The reverse side of no current plans for developing a wool meets with campesinos and tries to cloth and cloth products must bear the industry but has conceptualized how promote the vicun˜ a program. Although logo adopted by countries signatory to such an industry might be successfully both the Department of Renewable the Vicun˜ a Convention and the words managed. Natural Resources and the Gendarmes ‘‘VICUN˜ A-ARGENTINA-ARTESANIA.’’ may not have adequate resources at Regulatory Mechanisms: Argentina All specimens not meeting the above their disposal, they are thought to be conditions are subject to the prohibition In Argentina, the First Interprovincial working effectively with the campesino against primarily commercial trade. Technical Conference on the communities of the Puna as evinced in Articles bought by a foreign tourist at a Conservation of the Vicun˜ a met in 1972 the increase of vicun˜ a populations of government authorized store will be and agreed to develop methods to the Puna (Canedi 1997, pers. comm). exportable as personal accompanying capture, transport and recolonize vicun˜ a The only legal wool at the present baggage only after a CITES export habitats and develop a plan for the time is that obtained from the shearing permit has been obtained. The only management, shearing and the of live vicun˜ a at the officially apparent control of artisan goods sold to manufacture of handicrafts from vicun˜ a authorized semi-captive population residents of Argentina and later resold fiber. Additional meetings integrated the facilities. We understand that a registry to foreign tourists is the requirement provincial vicun˜ a programs, established of authorized semi-captive populations that the tourist have a CITES export a national program, and established the is maintained by the national Direccion permit upon his/her return to his/her ‘‘Vicun˜ a Regional Commission’’ as a de Fauna y Flora Silvestres (V. country of origin. This is a requirement mechanism to attain national Lichtschein, pers. comm. with K. for importation of any personal effects coordination on the vicun˜ a management Johnson, OSA, 1999). Wool from shorn or personal accompanying baggage by program (Comisio`n Regional de la fleeces is bagged, tagged, weighed, U.S. residents, under the conditions of Vicun˜ a, 1994). Argentina ratified the sealed, recorded, and the government the special rule accompanying this CITES Convention in 1981. In 1988 agency that supervised the shearing is petition finding. If the wool from an Argentina signed the Vicun˜ a identified on the bag. Wool from authorized captive breeder is sold at Convention and has since carried out its officially authorized breeders (ranchers) auction, the buyer, presumably a wool programs within the context of this can be directly auctioned for direct processing company, would get a permit agreement. Argentine National Law for export, or the ranchers (if artisans) can from the Provincial Natural Resources the Conservation of Wildlife 22.421 and retain the wool, and make and sell Department which the buyer would its Regulatory Decree No. 691, provides cloth. Either the wool buyer or the present to the National Secretary for for vicun˜ a protection. The Constitution rancher-artisan would need a transport Natural Resources and Human of Argentina, reformed in 1994, assures permit and that transport permit would Environment to obtain the required the rights of the provinces over their need to be presented when the CITES CITES permit for export. respective natural resources, assures the export permit is requested. Fabric or The National Police (Gendarmes) are rights of indigenous people to use these products manufactured by rancher- expected to aid provincial authorities in natural resources in traditional ways, artisans will need to be marked with the the control of poaching, illegal trade and

VerDate 18-JUN-99 15:33 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.XXX pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48751 transport of unauthorized products departments. Law 1715, passed in 1996, raw wool for the manufacture of cloth within the country and the routine created the National Institute for will be exported. Bolivia does not have inspection of products of legal origin to Agrarian Reform and promoted the a textile industry with the capability to certify their origin. Collaboration will sustainable use of land, the promotion manufacture vicun˜ a wool cloth (DNCB also be provided by the National of practices favoring conservation and 1997, pers. comm.). Aeronautical Police at the country’s the protection of biodiversity, and the Under the regulations, the harvesting airports to intensify inspections of concept that lands where conservation of vicun˜ a wool will only be allowed in commercial products and passengers. is practiced would not be subject to organized campesino communities The vicun˜ a does not appear to be expropriation. Other laws legalized which (1) have the rights to capture and endangered by inadequate regulatory traditional social organizations, shear vicun˜ a and utilize vicun˜ a wool mechanisms in Argentina. The species, authorized rights for using renewable and (2) have delegated authority to work however, is considered to be threatened natural resources and authorized the with government authorities in the by this factor because many of the establishment of the Secretariat for management and conservation of the regulatory mechanisms are in early Sustainable Development in each vicun˜ a. These campesino communities stages of implementation, and we are Bolivian Department to enhance vicun˜ a are the only legal benefactors of the sale still unclear about several aspects management at regional levels. of vicun˜ a wool. The National Vicun˜ a related to the control of trade in raw Supreme Decree 24529 passed in Conservation Program will be carried vicun˜ a wool and artesanal products. March 1997, authorized regulations for out in these communities and will The vicun˜ a will remain threatened by the protection and management of contain habitat and vicun˜ a management this factor until appropriate vicun˜ as in Bolivia. The Decree grants plans and vicun˜ a census and conservation mechanisms are fully custodianship of vicun˜ a populations to distribution data. This information will implemented and the populations fully the rural communities and gives the be basic to decisions to conduct vicun˜ a recover. Through this proposed rule, we rural communities the exclusive rights drives, and in the conduct of capture seek detailed information on the control to use vicun˜ a fibers, subject to the listed and shearing operations. Monitoring of trade in vicun˜ a wool and wool regulations (DNCB 1997, pers. comm.). information will be provided by game products in Argentina, and on the status Regulations promulgated under this guards and recommendations for of national legislation to control trade. Decree will affect all activities dealing management actions will be produced with the management, protection, in the campesino communities. Regulatory Mechanisms: Bolivia capture, shearing and the Government authorities will be present Bolivia’s National Program for the commercialization of vicun˜ a products when vicun˜ a capturing and shearing Conservation of Vicun˜ a is in very early (as described in subsequent paragraphs). occurs. The authorities will register the stages of implementation. Bolivia is The regulations are similar to existing number of vicun˜ a captured, the number developing pilot programs for legislation in the other countries that shorn, the weights of fleeces, etc., and harvesting and marketing wool from also signed the Vicun˜ a Convention. At supervise the bagging, weighing, live-shorn vicun˜ a that borrow present, we are unclear if these marking and sealing of vicun˜ a wool. significantly on the successful regulations have been approved and This information is provided to the management program in Peru. The fully implemented, although we were CITES authorities for reference purposes Ministry of Sustainable Development previously told that the DNCB had and information later provided in and the Environment is the organization begun implementation of regulations by support of export permit applications responsible for planning and holding workshops in campesino must correspond to the on-site records. coordinating the conservation of natural communities to explain the regulations, The Netherlands government has resources with the major plans for by publishing print media guides provided financial support to national development. The DNCB describing the regulations and by underwrite initial efforts to implement (Direccio´n Nacional de Conservacio´n de helping campesino communities begin the National Vicun˜ a Conservation la Biodiversidad Unidad de Vida their compliance with the regulations Program. Silvestre) is located within this Ministry (DNCB 1997, pers. comm.). We were The initial effort of the National and is the technical body whose also told that the DNCB had begun Vicun˜ a Conservation Program will be at objective is the conservation and coordinating with the National Police the Pilot Center of Sud Lipez and its sustainable use of biological resources. and military to help curb illegal objective will be to demonstrate the The wildlife unit with responsibilities activities dealing with vicun˜ a and their potential worth of the vicun˜ a. The pilot for executing the National Vicun˜ a products. The National Program for project will include the capture and Conservation Program is located within Vicun˜ a Conservation emphasizes the shearing of live vicun˜ as and the the DNCB. management of wild free-ranging manufacture of fabric and eventually the Several laws and decrees are relevant populations of vicun˜ a and emphasizes a sale of vicun˜ a fiber for the manufacture to vicun˜ a management in Bolivia. desire to improve habitat quality. of textiles to demonstrate the potential Bolivia and Peru signed the Treaty of La Any vicun˜ a wool presently in economic benefit to campesino Paz in 1969 to provide a measure of commerce in Bolivia is considered communities. The vicun˜ a populations of international protection for vicun˜ a and illegal wool. Under the regulations, all the Conservation Units of Mauri- this treaty was a precursor to what is existing vicun˜ a wool products including Desaguadero, Ulla Ulla and Lipez presently known as the Vicun˜ a those in the domestic market are to be Chichas were transferred from CITES Convention. Bolivia has also been a inventoried and registered and all new Appendix I to Appendix II at COP10, signatory to CITES since 1979. The products or wool fibers will also be effective September 18, 1997. A zero Agrarian Reform Act of 1953 enabled registered. Any non-registered vicun˜ a annual export quota presently exists. some rural communities to have private products will in the future be Future exports will be limited to wool lands and other rural communities to considered illegal. The only wool that shorn from live animals and to cloth have unfenced communal lands which will be allowed for commercial and articles made from such cloth, are advantageous to free-roaming purposes will be that obtained from including luxury handicrafts and vicun˜ as. Law 1654 decentralized live-shorn vicun˜ a that have been knitted articles. The reverse side of executive power to regional captured according to regulations. Only cloth and cloth products must bear the

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.024 pfrm04 PsN: 08SEP1 48752 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules logo adopted by countries signatory to properties. It is illegal to possess vicun˜ a Appendix II populations and to cloth the Vicun˜ a Convention and the words parts and products so no mechanisms and items made from that cloth ‘‘VICUN˜ A-BOLIVIA-ARTESANIA.’’ All have been developed for registering or including luxury handicrafts, and specimens not meeting any of the above identifying raw wool, or for establishing knitted articles. The reverse side of conditions will be deemed to be subject warehouses for storing wool (SAG 1997, cloth and cloth products would need to to the prohibition against primarily- pers. comm.). bear the logo adopted by countries commercial trade. Law No. 4.601 passed in 1929, signatory to the Vicun˜ a Convention and The regulations also establish the modified by law No. 19.473 passed in the words ‘‘VICUN˜ A-CHILE- System for the Protection of the Vicun˜ a 1996, indefinitely closed the hunting ARTESANIA.’’ All specimens not (SVV) which provides for the season for vicun˜ a throughout the meeting any of the above conditions development of an inter-community Republic of Chile. The hunting, would be deemed to be subject to the network for the management and capturing and selling of vicun˜ a (and prohibition against primarily- protection of the species. These persons vicun˜ a parts) is outlawed. Persons commercial trade. will have direct control over activities possessing, transporting or involved in The vicun˜ a is not considered to be such as wool sales, and will also have commercial operations with vicun˜ a endangered by inadequate regulatory responsibilities for determining status products need to prove their actions are mechanisms in Chile. However, as a and trends in vicun˜ a populations. The authorized by these laws. The Servicio vicun˜ a wool industry could potentially SVV will be composed of game guards Agricola y Ganadero (SAG) of the be approved in Chile, the vicun˜ a who will be responsible for the Ministry of Agriculture is the CITES remains threatened by this factor until protection and control of vicun˜ a in each Management Authority, and has a such time as regulatory mechanisms for conservation unit, made up of local Department for the Protection of harvest and commercialization are vicun˜ a protection officers and Park Renewable Natural Resources and a demonstrated to be adequate. Rangers who are the enforcement Wildlife Division. Authorized customs Regulatory Mechanisms: Peru officers within protected areas such as officers (uniformed police), accredited National Parks. Protection and control officials from SAG, and representatives A complex regulatory mechanism efforts will also be supported by special of the National Forest Corporation exists for Peru and it controls commerce units of the National Police. The provide protection to vicun˜ as within the in vicun˜ a wool products. The military will also assist in patrols, National System of Protected Wild infrastructure promoting vicun˜ a inspections and the seizures of illegal Areas. management includes the National products. Customs will assist in the Preliminary plans, should a vicun˜ a Council of South American Camelids control of the export and import of wool wool industry become authorized, (CONACS) which is a public at the ports of entry, border posts and indicate that the responsible party decentralized organization of the airports to assure that CITES would need to provide an application to Ministry of Agriculture in charge of the requirements are fulfilled. The SAG indicating, among other things, the promotion, standardization, and control Secretariat for Natural Resources and likely number of animals to be captured of activities with the South American the Environment (SNRNMA) will and sheared, the expected yield of the camelids. CONACS has offices in Lima regulate and coordinate the activities wool harvest, the logistics of the capture and throughout the vicun˜ a range, and is and participants within the SVV. and shearing operation, where and how the proprietor of the trademarks The vicun˜ a does not appear to be the wool would be stored and its ‘‘VICUN˜ A-PERU’’ and ‘‘VICUN˜ A-PERU- endangered by inadequate regulatory eventual destination. SAG, should they ARTESANIA.’’ The Institute of Natural mechanisms in Bolivia. The species, approve the application, would oversee Resources (INRENA) is also a public however, should be considered the capture process, register the quantity decentralized organization of the threatened by this factor because many of harvested wool, and seal the Ministry of Agriculture, and is in of the regulatory mechanisms are in warehouse where the wool is stored. control of all renewable natural early stages of implementation, and we SAG would also provide the necessary resources in Peru, and is the CITES are still unclear about the status of export permits, after determining that Management Authority for Peru. The proposed regulations dealing with the the quantities for export correspond to National Society of the Vicun˜ a (SNV) is management, protection, capture and quantities authorized and actually a private organization which represents shearing of vicun˜ a, and the harvested. Preliminary plans also the 660 campesino communities and commercialization of vicun˜ a products. suggest that a mechanism would be coordinates vicun˜ a management within The vicun˜ a will remain threatened by established to deal with the production and between campesino communities this factor until appropriate and sale of luxury handicrafts and (‘‘Communal Committees of the conservation mechanisms are fully knitted articles. That organization Vicun˜ a’’) and with CONACS at both implemented and the populations fully would be responsible for receiving the regional and national levels (Hoces R. recover. Through this proposed rule, the wool, registering and offering the wool 1997, pers comm.). Service seeks information on the status products for sale, for recording the sale Several national laws protect vicun˜ a of proposed regulations and the of registered craft items and providing and regulate its management. Law implementation of other regulatory an accounting of the sale of registered 26496 is especially important as it mechanisms, such as SVV, within craft items (SAG 1997, pers. comm.). promotes protection and provides Bolivia. Chile has succeeded in having certain penalties for the illegal hunting of vicun˜ a populations in the Paranicota vicun˜ a, gives the custodianship of Regulatory Mechanisms: Chile Province, Region of Tarapaca vicun˜ a herds that occupy campesino The existing regulatory mechanisms (specifically, the populations in the community lands to those campesino in Chile are presently dedicated to the Caquena Management Zone and the communities and allows the campesinos protection of vicun˜ a. Chile has not yet Vicun˜ a National Reserve) transferred to be responsible for the conservation, authorized the capture of vicun˜ as to from CITES Appendix I to Appendix II management and the utilization of the develop a vicun˜ a wool industry and the in 1987 (at COP6). Any future export of species. The law also establishes the only exports of raw wool have been to vicun˜ a products would be limited to Official Registry of the Vicun˜ a which obtain analyses of the wool’s physical wool sheared from live animals in provides a record keeping process that

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.025 pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48753 controls and tracks volumes of wool with the vicun˜ a registry, and the words ‘‘VICUN˜ A-PERU- from the time of vicun˜ a shearing in the consequently not included in the wool ARTESANIA.’’ This trademark will also field to the time that fiber is sold as stores represented in the single legal occur on all luxury artisan products and cloth or merchandise on the auction. The vicun˜ a registry records knitted articles of vicun˜ a wool. Peru international market. Other laws weights of wool sheared or collected, also plans to add to the produced recognize the Vicun˜ a Convention and carded or cleaned, and these weights are articles, a seal or identification tag with the CITES Convention. used by CONACS and SNV throughout codes indicating the origin of the Pertinent laws are implemented the processing and commercialization product, the assigned trademark or label through the 660 ‘‘Communal process to indicate whether final and the CITES permit number. All Committees of the Vicun˜ a’’ which form products likely only contain legal wool. specimens not meeting any of the above the basis for the National System of The CITES Management Authority conditions will be subject to the Conservation. There is a system of park controls commerce by requiring records prohibition against primarily rangers shared by groups of of wool weights and opinions from commercial trade. communities and these park rangers can CONACS before any products (fiber, The vicun˜ a is not considered to be access the National Ecological Police cloth or articles) can be legally either endangered by inadequate regulatory and Peruvian Army units to help control imported or exported from Peru. mechanisms in Peru. The species is, the illegal killing of vicun˜ a. CONACS The processing of vicun˜ a fiber and the however, considered to be threatened by and INRENA authorize and control commercialization of vicun˜ a products this factor, and will continue to be management activities, including vicun˜ a involves a joint venture ‘‘Association in threatened until appropriate capture; since 1996 they manage a Participation’’ between SNV and the conservation mechanisms are fully limited captive breeding program where consortium that won the auction for implemented and the populations fully enclosures of approximately 1,000 ha vicun˜ a wool. The SNV provides the recover. (‘‘Modules of Sustainable Use’’), each wool to the consortium which includes E. Other Natural or Human-Made with about 250 vicun˜ a, are developed or a Peruvian company that fabricates Factors Affecting Its Continued are to be developed within individual cloth from the vicun˜ a fibers, which is Existence campesino communities. then sent to an Italian manufacturing The shearing, collecting, processing plant where luxury clothing items are The great potential threat to the and commercialization of vicun˜ a wool produced. A second Italian firm then vicun˜ a is that pelts can be easily from wild vicun˜ as or from groups handles the promotion and marketing of obtained from poached animals and that contained within the permanent the finished vicun˜ a products (Hoces R. the wool industry may actually prefer enclosures, is controlled by CONACS 1997, pers. comm.). CONACS supervises the longer fibers that can be obtained by and INRENA. The processing and production to guarantee that all articles soaking and pulling hairs from pelts, commercialization of the wool is done will contain 100 percent vicun˜ a wool. rather than the clipped hairs from legal by a single company that obtained that This process is designed to maximize fleeces (Canedi 1997, pers. comm). The right through a competitive bidding the financial returns from the vicun˜ a vulnerability of the vicun˜ a to political process at a supervised auction. A fibers; the profits from the final sales are instability is well documented. For cooperative agreement exists between distributed, under the supervision of example, vicun˜ a populations in Peru the SNV and the company winning the CONACS and INRENA, to the were estimated at about 60,000 in 1980 competitive bid, apparently to ensure campesino participants. Raw vicun˜ a and 1981 but were overexploited and in that campesino communities will be wool currently sells for $500/kg of fiber 1982 populations were reduced to about correctly represented in the distribution and additionally a percentage of the 25,000. A slow recovery was observed of monies from the sale of vicun˜ a wool final sale price on the completed until 1988 when populations were again and wool products. There is an product goes to the campesino estimated at about 60,000. Vicun˜ a authorized season for shearing and the communities. populations were again reduced to low act of shearing is supervised by The vicun˜ a populations of Pampa levels from 1989 to 1993 when vicun˜ a personnel representing CONACS, SNV Galeras National Reserve and Nuclear wool from poached animals was used to and INRENA. Pertinent information is Zone, Pedregal, Oscconta and help finance guerilla activities in some gathered at the time of shearing and a Sawacocha (Province of Lucanas), Sais countries. report describing the shearing operation Picotani (Province of Azangaro), Sais The vicun˜ a represents one of the most (numbers of animals, wool weights per Tupac Amaru (Province of Junin), and significant economic resources available animal, etc.) signed by representative of Salinas Aguada Blanca National Reserve in many Andean highlands that have the Communal Committee and (Provinces of Arequipa and Cailloma) limited human populations with limited CONACS, becomes part of the record at were transferred from CITES Appendix economic resources at their disposal. the Official Registry of the Vicun˜ a. A I to Appendix II in 1987 (at COP6). All Indigenous people fully realize that a second source of legal wool is from remaining Peruvian vicun˜ a populations poached vicun˜ a can be used once but vicun˜ a that die from natural causes or were transferred to Appendix II in 1994 that the managed, live-sheared vicun˜ a are found or obtained by campesinos or (COP9), effective February 16, 1995. All can be used repeatedly (Wheeler and park rangers, or from skins that are exports are limited to cloth fabricated Hoces R. 1997). Assigning the seized in successful anti-poaching from the 3,294 kg (7,260 lbs) of stored responsibility of vicun˜ a management to operations. Such specimens, to become wool present in November 1994 or from campesino ranchers and/or campesino legal, must be declared to SNV and the wool stores obtained from the recent communities and granting those people CONACS and entered into the vicun˜ a authorized shearing of live animals or the opportunity to legally realize registry. Legal wool is gathered and from dead animals listed in the vicun˜ a economic gains from their management stored in private warehouses belonging registry, and items made from that cloth and protection efforts represents a to the campesino communities, and to certain luxury handicrafts and significant bio-political decision. It is registered in the vicun˜ a registry, and is knitted articles produced in Peru. The also significant that governments in four under the control of CONACS. Illegal reverse side of cloth and cloth products range countries have cooperated in the wool is prevented from entering must bear the logo adopted by countries development of a vicun˜ a wool industry commerce because it is not registered signatory to the Vicun˜ a Convention and and that scarce resources have been

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.026 pfrm04 PsN: 08SEP1 48754 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules devoted to the management of this near future. Furthermore, the Parties to Specifically, we find that the vicun˜ a species. Vicun˜ a management, as the Vicun˜ a Convention view this as a is threatened by the (1) present or described herein, is one of the better separate population, worthy of special threatened destruction, modification, or examples of the economic gains to be recovery efforts. Although the countries curtailment of its habitat or range, (2) realized from the sustainable use of a of the region that are Parties to the previous or current overutilization, and biological resource. Vicun˜ a Convention view this as an (3) the possibility of inadequately ‘‘experimental’’ population, that should controlled illegal harvest pressures Distinct Vertebrate Population Segment not be seen in the domestic U.S. context including poaching, in Argentina, The definition of ‘‘species’’ in section of experimental populations under the Bolivia, Chile, and Peru. A 3(16) of the Act includes ‘‘any distinct Act, where criteria and definitions reclassification of the vicun˜ a from population segment of any species of differ. For these reasons, the Ecuadoran endangered to threatened under the Act vertebrate fish or wildlife which population of vicun˜ a satisfies the will, with the attendant special rule, interbreeds when mature.’’ Distinct discreteness and significance criteria of allow carefully regulated commerce of vertebrate population segments for the DVPS Policy, and, therefore, merits vicun˜ a products into the United States. purposes of listing under the Act are treatment as a distinct population Funds generated by opening the United defined in the Service’s February 7, segment under the ESA. States market will help provide the 1996, Policy Regarding the Recognition In contrast to the rather strict resources necessary to further manage of Distinct Vertebrate Population requirements for listing entities (species, the species. Segments (61 FR 4722). For a subspecies, or distinct vertebrate In response to the petition submitted population to be listed under the Act as population segments) under the ESA, by the International Vicun˜ a Consortium, a distinct vertebrate population CITES has retained a degree of we find that: (1) Reclassification of the segment, three elements are considered: flexibility in the listing process through vicun˜ a from endangered to threatened is (1) The discreteness of the population the use of annotations. There is no warranted for all range countries except segment in relation to the remainder of specific requirement that populations be Ecuador; and (2) that a special rule is the species to which it belongs; (2) the delimited by national borders or marked warranted for all Appendix II significance of the population segment biological differences. CITES Article I populations, with the exception of the to the species to which it belongs; and defines a species as ‘‘any species, Appendix II semi-captive populations of (3) the population segment’s subspecies, or geographically separate Catamarca, Jujuy, La Rioja, Salta, and conservation status in relation to the population thereof’’, and different San Juan Provinces in Argentina, which Act’s standards for listing (i.e., is the populations of a species can be listed in are specifically excluded until such population segment, when treated as if different CITES Appendices. Thus, it time as their conservation benefit for it were a species, endangered or has been possible to transfer sub- wild vicun˜ a is demonstrated adequately. threatened?). International borders may national populations of vicun˜ a in The present publication provides a 12- be used to delineate discrete population Argentina, Bolivia, and Chile from month finding on that petition and segments where there are significant Appendix I to Appendix II. This includes a proposed special rule. differences in: (1) The control of accounts for the lack of perfect Description of the Proposed Special exploitation; (2) management of habitat; symmetry between populations Rule (3) conservation status; or (4) regulatory proposed for threatened status and those mechanisms on each side of the border currently listed in Appendix II of The intent of the proposed special (61 FR 4722). Discrete population CITES. rule is to enhance the conservation of segments can also be defined by marked the vicun˜ a through support for properly physical, physiological, ecological, or Summary of Findings designed and implemented programs for behavioral separation from other The Service finds that the vicun˜ a is a vicun˜ a conservation throughout their populations of the same taxon. highly vulnerable species whose native range. The proposed special rule We recognize the vicun˜ a population populations are generally increasing is intended to support the conservation of Ecuador as a distinct vertebrate over a large area of very specific efforts of the four range states of population segment for purposes of habitat—the high Andean tablelands of Argentina, Bolivia, Chile, and Peru, by listing under the ESA. The vicun˜ a Argentina, Bolivia, Chile and Peru. The acknowledging and deferring to certain population of Ecuador is geographically current status of the vicun˜ a and its of their management programs that isolated and separate from other vicun˜ a future potential seems directly allow utilization of vicun˜ a wool from in Argentina, Bolivia, Chile, and Peru. attributable to recent bio-political wild, live-sheared animals, with Historically, the vicun˜ a was eliminated decisions made in the range countries to benefits accruing to indigenous from Ecuador. A small, disjunct turn over the custodianship of the communities. population has been recently species to the native people sharing The proposed special rule clarifies reintroduced to Ecuador. The these landscapes. Laws, decrees and that only properly identified vicun˜ a population was established from 100 infrastructures have been or are being products can be imported into the animals exported from Bolivia in 1993. developed to help the campesinos United States. The vicun˜ a products that This was accomplished within the manage and protect the species. In can be imported are only those items of multilateral frameworks of both the return the campesinos are or are likely either raw (unprocessed) vicun˜ a wool or Conven˜ o para la Conservacio´n y Manejo to receive critical financial benefits from cloth, or items made from that wool, de la Vicun˜ a (Convention for the that management that will benefit both including luxury handicrafts and Conservation and Management of the individuals and their communities. The knitted articles, that are properly Vicun˜ a, or the Vicun˜ a Convention) and management and protection accorded to identified, and have accompanying the CITES Convention. It should be the vicun˜ as, by campesinos in valid, legal CITES Appendix II export noted that Ecuador is also a Party to the cooperation with governmental entities, permits or re-export certificates. Under Vicun˜ a Convention. Ecuador’s provides the best opportunity for the the proposed special rule, an population remains listed in CITES vicun˜ a to survive as a species and as a endangered or threatened species permit Appendix I, and there is no plan to very important part of the Puna and for individual shipments would not be commercially utilize the species in the Altoandina ecosystems. required under 50 CFR part 17. To be

VerDate 18-JUN-99 10:00 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\A08SE2.027 pfrm04 PsN: 08SEP1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Proposed Rules 48755 imported, vicun˜ a products must products. At present, no countries are and cloth products bear the logo originate in populations that are listed subject to a Schedule III Notice of adopted by countries signatory to the both as threatened under the Act and in Information for all wildlife or all CITES- Conven˜ o para la Conservacio´n y Manejo Appendix II of CITES, with the listed species. de la Vicun˜ a (Vicun˜ a Convention), and exception that Appendix II semi-captive For vicun˜ a and vicun˜ a products, there the words ‘‘VICUN˜ A—(Country of populations in Catamarca, Jujuy, La is no personal effects exemption in the Origin)—ARTESANIA’’ (country of Rioja, Salta, and San Juan Provinces in proposed special rule. That is, items origin is the name of the original Argentina are excluded from the purchased by travelers overseas or exporting country where the vicun˜ a proposed special rule until such time as personal items owned by people moving wool in the products originated, either their conservation benefit for wild to the United States will require Argentina, Bolivia, Chile, or Peru). For vicun˜ a populations is demonstrated appropriate CITES export documents finished vicun˜ a products (including adequately. If adequate information is (permits or re-export certificates) to be luxury handicrafts and knitted articles) presented during the public comment imported legally into the United States. and any bulk shipments of raw wool, period, these populations may be This is based on analysis of the the product or shipment must have a included under the final special rule. annotation for the vicun˜ a in the official seal or identification tag with codes We are aware that there have been CITES Secretariat list of the CITES describing the origin of the vicun˜ a poaching and illegal trade problems Appendices, and dialogue with the product, the trademark or label with this highly valuable species in the CITES Secretariat in Geneva. The vicun˜ a (‘‘VICUN˜ A—(Country of Origin)— past, and any loss of control would annotations in the CITES Appendices ARTESANIA’’) and the CITES export seriously undermine the conservation are unique, and require that only certain permit number. This proposed special programs of these countries, thereby products be exported from the range rule, and these criteria for properly potentially jeopardizing vicun˜ a countries, under very strict conditions. identified vicun˜ a products, are derived populations. Therefore, we propose not For Peru, for example, the only products from the CITES Appendices themselves. to allow the import of vicun˜ a products that can be exported (even non- The product annotations were proposed from threatened and approved commercially) are those manufactured by the range countries and adopted by Appendix II populations if the countries from the stockpile held at the time of the CITES Conference of the Parties. of origin or the countries of manufacture the ninth meeting of the Conference of Therefore, we are proposing to align or re-export have been determined by the Parties, in November 1994, and they U.S. importation practices with those the CITES Conference of the Parties or all require CITES Appendix II export approved by the CITES Parties, in order the CITES Standing Committee to be not permits. In Argentina, for example, to facilitate effective conservation of the effectively implementing the articles bought by a foreign tourist at a vicun˜ a in range countries. In our Convention. Specifically, the proposed government authorized store can be judgment the protective regulations set special rule would prohibit importation exported as personal accompanying out in the proposed rule contain all of from countries of export or re-export baggage only after a CITES export the measures that are necessary and that have either failed to designate a permit has been obtained. In countries advisable to provide for the Management Authority or Scientific of re-export as well, very strict controls conservation of the vicun˜ a in Argentina, Authority, or have been identified by are required. The items manufactured Bolivia, Chile, and Peru. the Conference of the Parties to the from vicun˜ a wool are very expensive Convention, the Convention’s Standing luxury articles, and illegal trade poses a Public Comments Solicited Committee or in a Notification from the serious risk to the species and the We intend that any action resulting Secretariat as a country from which conservation programs of the range from this proposal be as effective as Parties should not accept CITES states. Furthermore, all range countries possible. Therefore, we are soliciting permits. require CITES permits for export of any comments or suggestions from the Commerce with the United States in vicun˜ a products, and do not recognize public, other concerned governmental vicun˜ a products, if the proposed special any personal effects exemption. It agencies, the scientific community, the rule is adopted as final at the conclusion would be inappropriate and unfair to trade industry, or any other interested of the regulatory process, will only be require export documents from range party concerning any aspect of this allowed with countries that have both countries but not from countries of proposal. We are particularly seeking designated CITES Management and manufacture (re-export). Therefore, in comments concerning biological or Scientific Authorities, and that are not this proposal, tourist souvenirs or other commercial trade impacts on any vicun˜ a subject to a Schedule III Notice of personal items require a CITES export population, or other relevant data Information for all wildlife or all CITES- document from the country of export or concerning any threat (or lack thereof) listed species. In the case where vicun˜ a re-export in order to be legally imported to the wild populations of vicun˜ a in products are exported to a second into the United States. South America. country, for manufacturing purposes, All products must comply with all Final action on the proposed and the finished products are re- product annotations as described in the reclassification of the vicun˜ a, and the exported to the United States, then CITES Secretariat’s official annotated promulgation of the special rule will neither the country of origin nor the list of the CITES Appendices. If those take into consideration the comments country of re-export can be subject to product annotations change at a future and any additional information we Schedule III Notice of Information based meeting of the Conference of the Parties receive. Such communications may lead on the criteria described in the special (COP) to CITES, the Service will have to to adoption of final regulations that rule if imports are to be allowed. The re-evaluate its 4(d) finding. The criteria differ from those in the proposed rule. U.S. Management Authority will for determining if a vicun˜ a product is provide on request the list of those properly identified are drawn from the National Environmental Policy Act countries subject to a Schedule III CITES Appendices, and the product We have determined that Notice of Information to those annotations for vicun˜ a contained Environmental Assessments and manufacturers in the country of re- therein. For cloth and cloth products, Environmental Impact Statements, as export and to importers so that they may the only products that can be imported defined under the authority of the be advised of restrictions on vicun˜ a are those where the reverse side of cloth National Environmental Policy Act of

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1969, need not be prepared in for the National Fish and Wildlife pers. comm. Bolivia responses to connection with regulations adopted Foundation. questions. August 1997. pursuant to section 4(a) of the Canedi, A. A. 1997. pers. comm. Galaz, J. 1997. pers. comm. August Endangered Species Act of 1973, as Argentina responses to questions. 1997. amended. A notice outlining our August 25, 1997. Hoces, R.D. 1997. pers. comm. Peru reasons for this determination was Canedi, A. A. and P. S. Pasini. 1996. responses to questions. September published in the Federal Register on Repoblamiento y bioecologia de la 1997. October 25, 1983 (48 FR 49244). vicun˜ a silvestre en la Provincia de INFOL. 1985. Memoria VI Reunion Jujuy, Argentina. pp. 7–24 in Ordinaria de la Comision Tecnico Paperwork Reduction Act of 1995 Animal Genetic Resources Administradora del Convenio para This rule does not contain any new Information. United Nations la Conservacion de la Vicun˜ a. La information collection requirements Environment Programme. Food and Paz, Bolivia. under the Paperwork Reduction Act of Agriculture Organization of the Nowak, R. N. 1991. Vicun˜ a. pp. 1353– 1995. The existing OMB information United Nations. Rome. 1357 in Walker’s Mammals of the collection control number is 1018–0012. CITES. 1997a. Proposal: Transfer of the World. Fifth edition. Volume II. The An Agency may not conduct or sponsor, vicun˜ a (Vicugna vicugna) Johns Hopkins University Press. population in the province of Jujuy Baltimore and London. and a person is not required to respond ′ ′ ′ ′ to a collection of information unless it (21 47 S–24 38 S; 64 80 W–67 19 W) SAG (Servicio Agricola y Ganadero). displays a currently valid OMB control from Appendix I to Appendix II and 1997. pers. comm. Chile responses number. This rule does not alter that of the populations in semi-captivity to questions. August 22, 1997. information collection requirement. in the provinces of Jujuy, Salta, Wheeler, J.C., and D. Hoces R. 1997. Catamarca, La Rioja, and San Juan, Community participation, Required Determinations with the sole purpose of permitting sustainable use, and vicun˜ a international trade in wool fibre conservation in Peru. Mountain We invite comments on the from live vicun˜ a, in cloth and anticipated direct and indirect costs and Research and Development 17(3): manufactured products, under the 283–287. benefits or cost savings associated with trademark ‘‘VICUNA– ˜ this proposed special rule, for vicuna. In ARGENTINA.’’ Republic of List of Subjects in 50 CFR Part 17 particular, we are interested in Argentina. obtaining information on any significant Endangered and threatened species, CITES. 1997b. Proposal: Transfer of the Exports, Imports, Reporting and economic impact of the proposed populations (Vicugna vicugna) of special rule on small public and private recordkeeping requirements, the Conservation Units: Mauri- Transportation. entities. Once we have reviewed the Desaguadero (17 30′S–18 30′S and available information, we will 68 30′W–69 30′W), Ulla Ulla (14 Regulations Promulgation determine whether we need to prepare 45′S–15 25′′S and 69 00′W–69 Accordingly, the Service hereby an initial regulatory flexibility analysis 20′W) and Lipez-Chichas (21 30′S– proposes to amend part 17, subchapter for the special rule. We will make any 23 00′S and 66 20′W–68 10′′W) B of chapter I, title 50 of the Code of such analysis or determination available from CITES Appendix I to Federal Regulations, as set forth below: for public review. Then, we will revise, Appendix II for the sole purpose of as appropriate, and incorporate the allowing international trade of PART 17Ð[AMENDED] information in the final rule preamble fabrics made with fiber from the and in the record of compliance (ROC) shearing of live animals under the 1. The authority citation for part 17 certifying that the special rule complies trademark ‘‘VICUNA–BOLIVIA.’’ continues to read as follows: with the various applicable statutory, Republic of Bolivia. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Executive Order, and Departmental CNVB. 1996. Censo Nacional de la 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Manual requirements. Under the criteria Vicun˜ a en Bolivia: Gestion 1996. 625, 100 Stat. 3500, unless otherwise noted. in Executive Order 12866, the proposed Direccio´n Nacional de 2. Section 17.11(h) is amended by special rule is not a significant Conservacio´n de la Biodiversidad. revising the entry for the vicun˜ a, under regulatory action subject to review by Comisio´n Regional de la Vicun˜ a. 1994. ‘‘Mammals’’, on the list of Endangered the Office of Management and Budget. Acciones de las Provincias and Threatened Wildlife to read as References Cited Argentinas para su Conservacio´n y follows: Uso Sustentable. Republica All personal communications Argentina, Salta. 25pp. § 17.11 Endangered and threatened mentioned below were received by DNCB (Direccio´n Nacional de wildlife. Dr. Henry L. Short, Amherst, Conservacio´n de la Biodiversidad, * * * * * Massachusetts, a contractor working Unidad de Vida Silvestre). 1997. (h) * * *

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

MAMMALS

******* VicunÄa ...... Vicugna vicugna ..... Argentina, Bolivia, Entire, except Ecua- T 3, ll NA 17.40 (k) Chile, Ecuador, dor. Peru. Do ...... do ...... do Ecuador ...... E 3, ll NA NA

*******

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3. Paragraph (k) is added to § 17.40 country where the vicun˜ a wool in the DEPARTMENT OF COMMERCE and reads as follows: products originated. National Oceanic and Atmospheric (ii) The accompanying CITES permit § 17.40 Special rulesÐmammals. Administration * * * * * or certificate must contain the following (k) Vicun˜ a (Vicugna vicugna)—(1) information: 50 CFR Part 648 Prohibitions. All provisions of § 17.31 (A) The country of origin, its export [I.D. 083099A] (a) and (b) and § 17.32 of this part shall permit number, and date of issuance. apply to vicun˜ a and vicun˜ a products (B) If re-export, the country of re- New England Fishery Management from both populations listed in export, its certificate number, and date Council; Public Meeting Appendix I of the Convention on of issuance. AGENCY: National Marine Fisheries International Trade in Endangered Service (NMFS), National Oceanic and Species of Wild Fauna and Flora (C) If applicable, the country of last Atmospheric Administration (NOAA), (CITES) and the Appendix II semi- re-export, its certificate number, and Commerce. captive populations of Catamarca, Jujuy, date of issuance. ACTION: Public meeting. La Rioja, Salta, and San Juan Provinces (iii) At the time of import, for each in Argentina. Except as provided in shipment covered by this exception, the SUMMARY: The New England Fishery paragraph (k)(2) of this section, it is country of origin and each country of re- Management Council (Council) will unlawful for any person to commit, export involved in the trade of a hold a 3-day public meeting on attempt to commit, solicit to commit, or particular shipment must not be subject September 21, 22, and 23, 1999, to cause to be committed any acts to a Schedule III Notice of Information consider actions affecting New England described in paragraphs (k)(1)(i)–(ii) of pertaining to all wildlife or to all CITES- fisheries in the exclusive economic zone this section with vicun˜ a from all other listed wildlife that may prohibit or (EEZ). populations listed in Appendix II of restrict imports. A listing of all DATES: The meeting will be held on CITES: countries that are subject to such a Tuesday, September 21, 1999, at 9:30 (i) Import, export, and re-export. Schedule III Notice of Information will a.m., and Wednesday and Thursday, (ii) Sell or offer for sale, deliver, be available by writing: The Office of September 22 and 23, at 8:30 a.m. receive, carry, transport, or ship in Management Authority, ARLSQ Room ADDRESSES: The meeting will be held at interstate or foreign commerce in the 700, 4401 N. Fairfax Drive, U.S. Fish the Seaport Inn Conference Center, 110 course of a commercial activity. and Wildlife Service, Arlington, Middle Street, Fairhaven, MA 02719; (2) Exceptions. The import, export, or Virginia, 22203. telephone (508) 997–1281. Requests for re-export of, or interstate or foreign special accommodations should be commerce in vicun˜ a products, (3) Notice of Information. Except in addressed to the New England Fishery consisting of either raw wool or items rare cases involving extenuating Management Council, 5 Broadway, and cloth made, or partially made, from circumstances that do not adversely Saugus, MA 01906–1036; telephone: vicun˜ a wool, may be allowed without a affect the conservation of the species, (781) 231–0422. threatened species permit issued the Service will issue a Schedule III FOR FURTHER INFORMATION CONTACT: Paul pursuant to 50 CFR 17.32 when the Notice of Information that identifies a J. Howard, Executive Director, New provisions in parts 13, 14, and 23 and restriction on trade in specimens of England Fishery Management Council, the applicable paragraphs set out below vicun˜ a addressed in this paragraph (k) (781) 231–0422. have been met: if any of the following criteria are met: SUPPLEMENTARY INFORMATION: (i) The vicun˜ a product must comply (i) The country is listed in a Tuesday, September 21, 1999 with all CITES product annotations as Notification to the Parties by the CITES given in the CITES Secretariat’s official Secretariat as lacking both designated After introductions, the meeting will list of the CITES Appendices and found Management and Scientific Authorities begin with reports on recent activities at 50 CFR 23.23, and be identified as that issue CITES documents or their from the Council Chairman, Executive follows: Director, the Administrator, Northeast equivalent. (A) Cloth and cloth products: The Region, NMFS, Northeast Fisheries reverse side of cloth and cloth products (ii) The country is identified in any Science Center and Mid-Atlantic must bear the logo adopted by countries action adopted by the Conference of the Fishery Management Council liaisons, signatory to the ‘‘Conven˜ o para la Parties to the Convention, the and representatives of the Coast Guard Conservacio´n y Manejo de la Vicun˜ a’’, Convention’s Standing Committee, or in and the Atlantic States Marine Fisheries and the words ‘‘VICUN˜ A-(Country of a Notification issued by the CITES Commission. Following reports, the Origin)-ARTESANIA’’, where country of Secretariat, whereby Parties are asked to Chairman of the Groundfish Committee origin is the name of the original not accept shipments of specimens of will recommend approval of final action exporting country where the vicun˜ a any CITES-listed species from the on Framework Adjustment 31 to the wool in the products originated. country in question. Northeast Multispecies Fishery (B) Finished vicun˜ a products Management Plan (FMP). The Dated: August 23, 1999. (including luxury handicrafts and framework includes mid-season knitted articles) and any bulk shipments Donald J. Barry, adjustments to the Gulf of Maine (GOM) of raw wool: The product or shipment Assistant Secretary for Fish and Wildlife and cod fishery that also could carry forward must have a seal or identification tag Parks. to the 2000–2001 fishing year and with codes describing the origin of the [FR Doc. 99–23333 Filed 9–7–99; 8:45 am] modification of the Georges Bank cod vicun˜ a product, the trademark or label BILLING CODE 4310±55±P trip limit adjustment mechanism. After (‘‘VICUN˜ A-(Country of Origin)- a noon break, the Groundfish Committee ARTESANIA’’) and the CITES export and Council will continue their permit number, where country of origin discussions until the meeting is is the name of the original exporting adjourned for the day.

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Wednesday, September 22, 1999 aside established for the Georges Bank Although other issues not contained Sea Scallop Exemption Program. in this agenda may come before this The Scallop Plan Development Team Council for discussion, in accordance Thursday, September 23, 1999 Chairman will make a presentation on with the Magnuson-Stevens Fishery the Sea Scallop Stock Assessment and The Whiting Committee will approve Conservation and Management Act, Fishery Evaluation (SAFE) Report. The initial action on a framework those issues may not be the subject of report will include an update of the adjustment to the Northeast formal Council action during this 1998 stock assessment with 1999 fishing Multispecies FMP to address unresolved meeting. Council action will be year data and projections, as well as small mesh multispecies management restricted to those issues specifically recommended management options. issues. Measures may include options listed in this notice. The Council’s Scientific and Statistical for a mesh size/possession limit call-in Documents pertaining to framework Committee will then provide its review enrollment system and options for the adjustment actions are available for of the assessment and analyses use of a net strengthener with 2.5–inch public review 7 days prior to a final vote contained in the SAFE Report. After a (6.4–cm) mesh size. The committee also by the Council. Copies of the documents will review its discussions about limited noon break, the Sea Scallop Committee may be obtained from the Council (see entry in the whiting fishery. There will will recommend management ADDRESSES). be general discussion of issues to be alternatives and approval of initial addressed in an upcoming amendment Special Accommodations action on Framework Adjustment 12 to to the Northeast Multispecies FMP, the Atlantic Sea Scallop FMP (the This meeting is physically accessible which will remove whiting, red hake, to people with disabilities. Requests for annual framework adjustment), based offshore hake, and ocean pout from the on the information in the SAFE report sign language interpretation or other Multispecies FMP and establish a auxiliary aids should be directed to Paul and recommendations from industry separate Small Mesh Species FMP. The advisors. Framework Adjustment 12 J. Howard (see ADDRESSES) at least 5 Capacity Committee will ask the days prior to the meeting date. will specify scallop management Council for preliminary identification of measures for the 2000 fishing year issues and options for future Dated: September 1, 1999. (March 2000 through February 2001). consideration. Following a noon break, Bruce C. Morehead, The day will conclude with a review the Habitat Committee will report on Acting Director, Office of Sustainable and approval of a scallop research ongoing issues. The meeting will Fisheries, National Marine Fisheries Service. proposal to be funded through the 1– conclude after the Council addresses [FR Doc. 99–23302 Filed 9–2–99; 3:25 pm] percent scallop total allowable catch set- any other outstanding business. BILLING CODE 3510±22±F

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Notices Federal Register Vol. 64, No. 173

Wednesday, September 8, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE Relations, (202) 261–7600, or visit our contains documents other than rules or web site at www.csb.gov. proposed rules that are applicable to the Forest Service Phillip Cogan, public. Notices of hearings and investigations, committee meetings, agency decisions and Southwest Oregon Province Special Assistant for External Relations. rulings, delegations of authority, filing of Interagency Executive Committee [FR Doc. 99–23365 Filed 9–2–99; 4:48 pm] petitions and applications and agency (PIEC) Advisory Committee BILLING CODE 6350±01±P statements of organization and functions are examples of documents appearing in this AGENCY: Forest Service, USDA. section. ACTION: Notice of meeting. UNITED STATES COMMISSION ON CIVIL RIGHTS SUMMARY: The Southwest Oregon PIEC DEPARTMENT OF AGRICULTURE Advisory Committee will meet on Sunshine Act Meeting September 22, 1999 at Prospect Ranger Office of the Secretary Station on Highway 62 at Prospect, AGENCY: U.S. Commission on Civil Rights. Commission on 21st Century Oregon. The meeting will begin at 9:00 DATE AND TIME: Friday, September 17, Production Agriculture a.m. and continue until 4:30 p.m. Agenda items to be covered include: (1) 1999, 9:30 a.m. ACTION: Notice of public listening Update on current litigation affecting PLACE: U.S. Commission on Civil Rights, sessions. Bureau of Land Management and Forest 624 Ninth Street, N.W., Room 540, Service; (2) Port Orford Cedar root rot Washington, DC 20425. SUMMARY: The U.S. Department of management; (3) Management proposal STATUS: for Highway 62 corridor; (4) Coyote Agriculture (USDA) has established the Agenda Commission on 21st Century Production Creek Experimental Forest; (5) Riparian Agriculture. In accordance with Section Reserve width adjustment; and (6) I. Approval of Agenda 10(a)(2) of the Federal Advisory Public comment. II. Approval of Minutes of July 9, 1999 Committee Act (FACA), notice is hereby FOR FURTHER INFORMATION CONTACT: Meeting given of three public listening sessions Direct questions regarding this meeting III. Announcements in September of the Commission on 21st to Chuck Anderson, Province Advisory IV. Staff Director’s Report Century Production Agriculture. The Committee Coordinator, USDA, Forest V. Executive Session—Security purpose of these sessions is to gather Service, Rogue River National Forest, Procedures public input on the future role of the 333 W. 8th Street, Medford, Oregon VI. Schools and Religion Project Federal Government in support of 97501, phone (541) 858–2322. VII. State Advisory Committee Report • Civil Rights Enforcement Efforts in production agriculture. These sessions Dated: August 31, 1999. will be open to the public. North Dakota (North Dakota) Charles J. Anderson, VIII. State Advisory Committee Place, Date, and Time of Meetings Acting Designated Federal Official. Appointments for Louisiana [FR Doc. 99–23235 Filed 9–6–99; 8:45 am] IX. Future Agenda Items These sessions will be held on BILLING CODE 3410±11±M FOR FURTHER INFORMATION CONTACT: September 21, 1999, at the Wyndham Hotel Northwest Chicago, 400 Park David Aronson, Press and Boulevard, Itasca, Illinois 60143 from Communications (202) 376–8312. 9:00 CDT–5:00 CDT; September 23, CHEMICAL SAFETY AND HAZARD Stephanie Y. Moore, 1999, at the Montgomery Civic Center, INVESTIGATION BOARD General Counsel. 300 Bibb Street, Montgomery, Alabama [FR Doc. 99–23424 Filed 9–3–99; 2:32 pm] 36104, from 9:00 CDT–5:00 CDT; and Sunshine Act Meeting BILLING CODE 6335±01±M September 25, 1999, at the Lackawanna In connection with its investigation Junior College Auditorium, 501 Vine into the cause of the explosion and fire Street, Scranton, Pennsylvania 18509, at the TOSCO Refining Company’s Avon DEPARTMENT OF COMMERCE from 9:00 EDT–5:00 EDT. Refinery in Contra Costa County, Submission for OMB Review; FOR FURTHER INFORMATION CONTACT: California, on February 23, 1999, the Comment Request Timothy M. Peters (202–720–4860), United States Chemical Safety and Assistant Director, Commission on 21st Hazard Investigation Board announces DOC has submitted to the Office of Century Production Agriculture, Room that it will convene a Board of Inquiry Management and Budget (OMB) for 3702 South Building, 1400 beginning at 9:00 a.m. local time on clearance the following proposal for Independence Avenue, SW, September 15, 1999, at the Contra Costa collection of information under the Washington, DC 20250–0524. County Board of Supervisors Chambers, provisions of the Paperwork Reduction County Administration Building, 651 Act (44 U.S.C. chapter 35). Dated: September 1, 1999. Pine Street, Martinez, California. This Agency: Census Bureau. Keith J. Collins, meeting will be open to the public. For Title: 2000–2002 American Chief Economist. more information, please contact the Community Survey. [FR Doc. 99–23308 Filed 9–7–99; 8:45 am] Chemical Safety and Hazard Form Number(s): ACS–1, ACS–1(GQ), BILLING CODE 3410±01±M Investigation Board’s Office of External ACS–3(GQ), ACS–290.

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Agency Approval Number: 0607– Officer, room 10201, New Executive the provisions effective January 1, 1995, 0810. Office Building, Washington, DC 20503. the effective date of the amendments Type of Request: Revision of a Dated: September 1, 1999. made to the Tariff Act of 1930 (the Act), currently approved collection. Linda Engelmeier, by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise Burden: 603,550 hours. Departmental Forms Clearance Officer, Office Number of Respondents: 2,945,400. of the Chief Information Officer. indicated, all citations to the Department of Commerce’s (the Avg Hours Per Response: 37 minutes. [FR Doc. 99–23295 Filed 9–7–99; 8:45 am] Department’s) regulations refer to the Needs and Uses: The Census Bureau BILLING CODE 3510±07±P is developing a methodology to collect regulations codified at 19 CFR Part 351 and update every year demographic, (1999). social, economic, and housing data that DEPARTMENT OF COMMERCE Background is essentially the same as the ‘‘long- form’’ data that the Census Bureau International Trade Administration On August 12, 1988, the Department published in the Federal Register the traditionally has collected once a [A±421±701] decade as part of the decennial census. antidumping duty order on brass sheet and strip from the Netherlands (53 FR This methodology is called continuous Notice of Preliminary Results of measurement (CM). Since the Census 30455). On August 11, 1998, we Antidumping Duty Administrative published in the Federal Register the Bureau collects the long-form data only Review and Intent To Revoke Order: once every ten years, the data become notice of ‘‘Opportunity to Request an Brass Sheet and Strip From the Administrative Review’’ of this order, out of date over the course of the Netherlands for the period August 1, 1997 through decade. Also, there is an increasing July 31, 1998 (63 FR 42821). On August need for data describing lower AGENCY: Import Administration, 31, 1998, in accordance with 19 CFR geographic detail. CM will provide International Trade Administration, 351.213(b), Outokumpu Copper Strip current data throughout the decade for Department of Commerce. B.V. (OBV), the sole producer/exporter small areas and small subpopulations. SUMMARY: The Department of Commerce requested an administrative review of The American Community Survey is conducting an administrative review its exports of the subject merchandise to (ACS) is the data collection vehicle for of the antidumping duty order on brass the United States for the POR August 1, CM. The Census Bureau began a test and sheet and strip from the Netherlands. 1997 through July 31, 1998. In addition, demonstration of the capabilities of the This review covers imports of brass OBV requested that the Department survey collection and processing system sheet and strip from one producer/ revoke the antidumping duty order in 1995. Presently, the ACS is exporter during the period of review against brass sheet and strip from the conducted in 36 counties. In November (POR), August 1, 1997 through July 31, Netherlands, pursuant to 19 CFR of 1999, as part of the decennial 1998. 351.222(b), based on the absence of program to make a transition from the We preliminarily determine that sales dumping and the fact that OBV is not Census 2000 long form to collecting of the subject merchandise have not likely to sell the subject merchandise at long-form data throughout the decade, been made below normal value. If these less than normal value in the future. On we will begin ACS data collection in preliminary results are adopted in the September 23, 1998, in accordance with 1,203 counties. This data collection will final results, we will instruct the 19 CFR 351.221, the Department allow for comparison of estimates from Customs Service not to assess initiated this administrative review (see Census 2000 with estimates from the antidumping duties on the subject Initiation of Antidumping and ACS for all states, large cities, and merchandise exported by this company. Countervailing Duty Administrative population subgroups, and will help If these preliminary results are adopted Reviews and Requests for Revocation in data users and the Census Bureau in our final results of this administrative Part, 63 FR 51893 (September 29, understand the differences between review, we will revoke the antidumping 1998)). estimates from the ACS and the Census duty order, based on three consecutive On October 2, 1998, the Department 2000 long form. Current plans are to put review periods of sales at not less than issued an antidumping questionnaire 1 the ACS fully in place in 2003. normal value by Outokumpu Copper to OBV. After several extensions, OBV Affected Public: Individuals or Strip B.V., the sole producer and submitted its response to sections A, B, households. exporter of subject merchandise from and C in October and November 1998. Frequency: One-time. the Netherlands (see 19 CFR The Section D questionnaire response Respondent’s Obligation: Mandatory. 351.222(b)(i)). See Intent to Revoke was received in December 1998. The Legal Authority: Title 13 USC, Section section of this notice. Department issued and received 182. EFFECTIVE DATE: September 8, 1999. responses to Sections A, B, and C OMB Desk Officer: Linda Hutton, FOR FURTHER INFORMATION CONTACT: John supplemental questionnaires in January (202) 395–7858. Brinkmann or Jarrod Goldfeder, Office 1999. On February 5, 1999, the Copies of the above information of AD/CVD Enforcement, Group II, Department extended the time limit for collection proposal can be obtained by Import Administration, International completion of the preliminary results of calling or writing Linda Engelmeier, Trade Administration, U.S. Department this administrative review by 120 days, DOC Forms Clearance Officer, (202) of Commerce, 14th Street and or until August 31, 1999. See Brass 482–3272, Department of Commerce, Constitution Avenue, N.W., room 5033, 14th and Constitution Washington, D.C. 20230; telephone: 1 Section A of the questionnaire requests general Avenue, NW, Washington, DC 20230 (or information concerning a company’s corporate (202) 482–4126r (202) 482–2305, structure and business practices, the merchandise via the Internet at [email protected]). respectively. under review that it sells, and the sales of the Written comments and SUPPLEMENTARY INFORMATION: merchandise in all of its markets. Sections B and recommendations for the proposed C of the questionnaire request comparison market information collection should be sent Applicable Statute and Regulations sales listings and U.S. sales listings, respectively. Section D requests additional information about the within 30 days of publication of this Unless otherwise indicated, all cost of production of the foreign like product and notice to Linda Hutton, OMB Desk citations to the statute are references to constructed value of the merchandise under review.

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Sheet and Strip from the Netherlands: compared U.S. sales with the most ‘‘Normal Value’’ sections of this notice. Notice of Extension of Time Limits for similar product based on the In accordance with section 771A(d)(2) the Sixth Antidumping Duty characteristics listed above, in of the Act, the Department calculated Administrative Review, 64 FR 5766. In descending order of priority. monthly weighted-average prices for NV April 1999, the Department issued a For purposes of the preliminary and compared these to individual U.S. Section D supplemental questionnaire. results, we have used differences in transactions. The response to the supplemental cost merchandise adjustments based on the Export Price questionnaire was received by the difference in the variable cost of Department in May 1999. manufacturing between each U.S. model For the price to the United States, we and its most similar home market used EP in accordance with section Scope of Review model. 772(a) of the Act, because the subject Imports covered by this review are merchandise was sold to an unaffiliated brass sheet and strip, other than leaded Date of Sale U.S. purchaser prior to the date of and tin brass sheet and strip, from the During the POR, OBV reported importation and CEP methodology was Netherlands. The chemical composition making sales in the home market not otherwise warranted. of the products under review is pursuant to frame agreements, which We calculated EP based on the currently defined in the Copper are non-binding arrangements with packed, delivered prices to unaffiliated Development Association (CDA) 200 customers containing estimates of the purchasers in the United States. In Series or the Unified Numbering System types and quantities of merchandise the accordance with section 772(c)(2) of the (UNS) C2000 series. This review does customer expects to order over a certain Act, where appropriate, we deducted not cover products the chemical period of time. See Response to Section from the starting price international compositions of which are defined by A of the Department’s Questionnaire, freight expense, marine insurance, U.S. other CDA or UNS series. The physical dated October 23, 1998, at A–16. In brokerage and handling expenses, and dimensions of the products covered by addition, although the frame agreements U.S. Customs duties. this review are brass sheet and strip of contain a fabrication price, which is the We made corrections to the U.S. solid rectangular cross section over price charged by companies such as packing costs and recalculated U.S. 0.006 inch (0.15 millimeter) through OBV to transform raw materials into credit expenses based on our 0.188 inch (4.8 millimeters) in gauge, finished brass sheet and strip, such verification findings. See Sales regardless of width. Included in the agreements do not contain the price Verification Report, dated August 31, scope are coiled, wound-on-reels OBV charges for the necessary raw 1999 (Sales Verification Report). In (traverse wound), and cut-to-length materials (i.e., the ‘‘metal price’’). As addition, per the Department’s products. The merchandise under such, the quantity to be purchased and instructions, OBV reported a transaction investigation is currently classifiable the total price to be paid by the to the United States which the company under item 7409.21.00 and 7409.29.20 customer are not established in the characterized as a sample sale to a non- of the Harmonized Tariff Schedule of frame agreements. U.S. customer. Based on the evidence the United States (HTSUS). Although In the immediately preceding review, on the record of this review, including the HTSUS subheading is provided for the Department used the invoice date as our findings at verification, we convenience and customs purposes, the the date of sale rather than the frame preliminarily determine that this written description of the merchandise agreement date because we found in transaction constitutes a sample sale to under investigation is dispositive. that review that the invoice date was the a non-U.S. customer and, therefore, first date on which all material terms of have removed this sale from our Verification sale (i.e., quantity, metal price, and calculations. See Sales Verification As provided in section 782(i) of the fabrication price) were established. See Report. Act, the Department verified sales and Brass Sheet and Strip from the cost information provided by OBV. The Netherlands: Notice of Preliminary Normal Value cost verification was conducted from Results of Antidumping Duty In order to determine whether there May 31 to June 6, 1999 and the sales Administrative Review, 63 FR 25821, was a sufficient volume of sales in the verification was conducted from July 12 25822 (May 11, 1998); see also Brass home market to serve as a viable basis to July 16, 1999. The Department used Sheet and Strip from the Netherlands: for calculating NV, we compared OBV’s standard verification procedures, Final Results of Antidumping Duty volume of home market sales of the including on-site inspection of the Administrative Review, 63 FR 49544 foreign like product to the volume of its manufacturer’s facilities and (September 16, 1998) (Final Results 96/ U.S. sales of the subject merchandise. examination of relevant sales and 97). The record in this review, including Pursuant to sections 773(a)(1)(B) and (C) financial records. Verification results our findings at the sales verification of of the Act, since OBV’s aggregate are outlined in the verification reports OBV’s submitted data, supports the volume of home market sales of the placed in the case file. same conclusion. Therefore, in foreign like product was greater than accordance with 19 CFR 351.401(i) and five percent of its aggregate volume of Product Comparisons Department practice, we have U.S. sales of the subject merchandise, In accordance with section 771(16) of preliminarily determined that the we determined that the home market the Act, the Department first attempted invoice date is the appropriate date of was viable pursuant to section 773(a) of to match contemporaneous sales of sale for OBV. the Act. Therefore, in accordance with products sold in the U.S. and home section 773(a)(1)(B)(i) of the Act, we markets that were identical with respect Comparisons to Normal Value based NV on the price at which the to the following characteristics: (1) type To determine whether OBV’s sales of foreign like products were first sold in (alloy); (2) gauge (thickness); (3) width; brass sheet and strip were made to the the home market, in the usual (4) temper; (5) coating; and (6) packed United States at less than normal value, commercial quantities and in the form. Where there were no sales of the Department compared the export ordinary course of trade. identical merchandise in the home price (EP) to the normal value (NV), as Where appropriate, the Department market to compare with U.S. sales, we described in the ‘‘Export Price’’ and deducted early-payment discounts and

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.166 pfrm04 PsN: 08SEN1 48762 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices rebates. We also deducted inland freight that would result from the metal price COP and constructed value (CV) data on expense (plant-to-customer), inland fluctuations, since these metal inputs a monthly weighted-average basis insurance, and packing expense from account for approximately 70 percent of because the monthly changes in selling the home market price in accordance the cost of manufacturing brass sheet prices and input metal costs do not with section 773(a)(6)(B) of the Act. We and strip. appear significant enough to require used the revised packing expenses Our normal practice for a respondent such a short averaging period. As such, provided to us at verification. We made in a country that is not experiencing we compared weighted-average adjustments, where appropriate, for high inflation is to calculate a single quarterly COP figures for OBV, adjusted differences in credit expenses between weighted-average cost for the entire where appropriate (see below), to home the U.S. and home market sales in period of review except in unusual market sales of the foreign like product accordance with section 773(a)(6)(C)(iii) cases where this preferred method in the same quarter, as required under of the Act. would not yield an appropriate section 773(b) of the Act, in order to We increased normal value by U.S. comparison in the margin calculation. determine whether these sales had been packing expenses in accordance with See, e.g., Final Determination of Sales at made at prices below the COP. section 773(a)(6)(A) of the Act. To the Less Than Fair Value: Stainless Steel 2. Startup Adjustment extent there were comparisons of U.S. Sheet and Strip in Coils from the merchandise to home market Republic of Korea; 64 FR 30664, 30676 OBV claimed a startup adjustment to merchandise that was not identical but (June 8, 1999) (concluding that costs pursuant to section 773(f)(1)(C)(ii) similar, the Department made weighted-average costs for two periods of the Act, covering a nine-month adjustments to NV for differences in were permissible where major declines startup period from January 1998 physical characteristics of the in currency valuations distorted the through September 1998 for its new merchandise pursuant to section margin calculations); Final continuous strip casting line, which 773(a)(6)(C)(ii) of the Act. Determination of Sales at Less than Fair replaced OBV’s ring casting mill. We Value: Static Random Access Memory preliminarily determine that OBV’s new Cost of Production Analysis Semiconductors from Taiwan, 63 FR continuous strip casting mill constitutes Because we disregarded sales that 8909, 8925 (February 23, 1998) a new facility and that the new failed the cost test in the most recently (calculating quarterly weighted-average production facility required substantial completed review, we had reasonable costs due to a significant and consistent additional investment, within the grounds to believe or suspect that sales price and cost decline in the market); meaning of section 773(f)(1)(C)(ii)(I) of of the foreign like product under Final Determination of Sales at Less the Act. The new vertical continuous consideration for determining NV in than Fair Value: Dynamic Random strip casting mill represents an this review may have been made at Access Memory Semiconductors of One investment in a new technology for the prices below the cost of production Megabit and Above from the Republic of production of brass sheet and strip. (COP), as provided in section Korea; 58 FR 15467, 15476 (March 23, Consequently, the continuous strip 773(b)(2)(A)(ii) of the Act. See Final 1993) (determining that the Department casting mill, which entirely replaced the Results 96/97. Therefore, pursuant to may use quarterly weighted-average former ring casting mill, required the section 773(b)(1) of the Act, we initiated costs where there exists a consistent construction of an addition to OBV’s a COP investigation of sales by OBV. downward trend in both U.S. and home plant containing mostly new equipment market prices during the period); Final that was custom made for OBV for A. Calculation of COP Determination of Sales at Less than Fair installation in this new mill, thereby In accordance with section 773(b)(3) Value: Erasable Programable Read Only also requiring considerable investment. of the Act, we calculated COP based on Memories from Japan; 51 FR 39680, Secondly, we preliminarily determine the sum of the respondent’s cost of 39682 (October 30, 1986) (finding that that OBV’s production levels at the new materials and fabrication employed in significant changes in the COP during a facility have been limited due to producing the foreign like product, plus short period of time due to technical factors associated with the the costs for selling, general, and technological advancements and initial phase of commercial production, administrative expenses (SG&A), changes in production process justified as required under section including interest expense, and packing the use of quarterly weighted-average 773(f)(1)(C)(ii)(II) of the Act. OBV costs. costs). specifically identified these limiting We relied on the home market sales We have reviewed the information on technical factors in a proprietary and COP information that OBV the record of this case and note that memorandum to the Department in provided in its questionnaire responses, both OBV’s sales prices for the subject support of its startup cost adjustment except as follows: merchandise and the cost of metal used dated February 2, 1999. We examined in the manufacture of this merchandise these factors at the verification of OBV’s 1. Use of Quarterly Cost Data correspondingly and consistently submitted cost data (see Cost OBV calculated and reported declined on a quarterly basis throughout Verification Report, dated August 2, quarterly per-unit manufacturing costs the POR. Since the metal costs represent 1999) and have preliminarily because of the significant and consistent a significant percentage of the total cost determined that OBV has satisfied the decline in metal prices (i.e., copper and of producing brass sheet and strip and criteria for receiving a startup zinc) throughout the POR. On August the cost of the metal dropped adjustment. 11, 1999, however, OBV requested that consistently throughout the POR, Regarding the startup period, we have the Department calculate weighted- computing a single POR weighted accepted for the preliminary results the average costs on a monthly basis for use average cost would distort the results of submitted startup period that ends on in the sales-below-cost test. According the cost test. In order to avoid this September 30, 1998. We based this to OBV, in this case the Department distortion, we have preliminarily relied preliminary finding, in large part, on a should deviate from its preferred upon the submitted quarterly weighted- review of the quantity of material input method of calculating a single weighted- average costs rather than calculating (i.e., production starts) at the new average POR cost in order to prevent single weighted-average POR costs. We facility during the POR. Specifically, the distortions in the margin calculations did not recalculate OBV’s submitted production starts represent the best

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Therefore, all accepted OBV’s submitted startup cost practicable, the Department determines price comparisons are at the same LOT adjustment. NV based on sales in the comparison and a LOT adjustment pursuant to market at the same level of trade (LOT) 3. General and Financial Expenses section 773(a)(7)(A) of the Act is as the EP or, if applicable, CEP unwarranted. We used the revised general and transaction. The NV LOT is that of the administrative (G&A) and financial starting-price sales in the comparison Currency Conversion expense rates that OBV provided on the market or, when NV is based on CV, that For purposes of these preliminary first day of the cost verification, which of the sales from which we derive results, we made currency conversions the company revised to correct for selling, general and administrative in accordance with section 773A(a) of clerical errors made in originally expenses (SG&A) and profit. For EP, the the Act, based on the official exchange calculating these items. In addition, we U.S. LOT is also the level of the starting- rates published by the Federal Reserve. included in G&A expenses the loss OBV price sale, which is usually from the Section 773A(a) of the Act directs the recognized in the ordinary course of exporter to the importer. Department to use a daily exchange rate business from holding metals in To determine whether comparison in order to convert foreign currencies inventory. market sales are at different LOT’s than into U.S. dollars, unless the daily rate EP, the Department examines stages in B. Test of Home Market Prices involves a ‘‘fluctuation.’’ In accordance the marketing process and selling with the Department’s practice, we have After calculating COP, we tested to functions along the chain of distribution determined as a general matter that a see whether home market sales of between the producer and the fluctuation exists when the daily subject brass sheet and strip were made unaffiliated (or arm’s length) customers. exchange rate differs from a benchmark at prices below COP within an extended If the comparison-market sales are at a by 2.25 percent. The benchmark is period of time in substantial quantities different LOT, and the differences affect defined as the rolling average of rates for and whether such prices permitted the price comparability, as manifested in a the past 40 business days. When we recovery of all costs within a reasonable pattern of consistent price differences determine that a fluctuation exists, we period of time. We compared model- between the sales on which NV is based substitute the benchmark for the daily specific COP to the reported home and comparison-market sales at the LOT rate. market prices less any applicable of the export transaction, the movement charges, discounts and Department makes a LOT adjustment Intent To Revoke rebates, where appropriate. under section 773(a)(7)(A) of the Act. On August 31, 1998, OBV submitted OBV claims that the Department can C. Results of COP Test a letter stating that OBV was the sole match U.S. sales to identical sales at the producer of brass sheet and strip from Pursuant to section 773(b)(2)(C) of the same LOT in the home market and that the Netherlands, and requested that Act, where less than 20 percent of a LOT adjustment is therefore not pursuant to 19 CFR 351.222(b), the OBV’s home market sales for a model necessary. OBV manufactures to order Department revoke the antidumping were at prices less than the COP, we did and ships directly to original equipment duty order currently in place against not disregard below-cost sales of that manufacturers (OEMs) in the United certain brass sheet and strip from the model because the Department States and home market, and also ships Netherlands. OBV submitted, along with determined that the below cost sales directly to a home market trading its revocation request, a certification were not made within an extended company. In order to determine whether stating that: (1) the company sold period of time in ‘‘substantial U.S. sales were made at the same LOT subject merchandise at not less than NV quantities.’’ Where 20 percent or more as sales in the home market, we during the POR, and that in the future of OBV’s home market sales of a given examined OBV’s questionnaire it would not sell such merchandise at product were at prices less than the responses with regard to its distribution less than NV (see 19 CFR COP, we determined that such sales system, including selling functions, 351.222(e)(1)(i)); and (2) the company were made within an extended period of class of customer and selling expenses. has sold the subject merchandise to the time in substantial quantities in We examined the chain of distribution United States in commercial quantities accordance with section 773(b)(2)(C) of and the selling activities associated with during each of the past three years. See the Act. To determine whether such sales reported by OBV to its two home 19 CFR 351.222(e)(1)(ii).2 sales were at prices which would not market customer categories (i.e., OEMs The Department ‘‘may revoke, in permit the full recovery of all costs and trading company). We found that whole or in part’’ an antidumping duty within a reasonable period of time, in the two home market customer accordance with section 773(b)(2)(D) of categories did not differ significantly 2 On September 1, 1999, OBV amended its request the Act, we compared home market from each other with respect to selling for revocation to include a certification that, if the prices to the weighted-average COP for activities, although there were slight Department finds that OBV is not the sole producer the POR. When we found that below- differences between them for sales and exporter from the Netherlands, the company agrees to immediate reinstatement in the order if, cost sales had been made in ‘‘substantial process/marketing support and freight subsequent to revocation, the Department quantities’’ and were not at prices and delivery. Based on our overall concludes that the company sold the subject which would permit recovery of all analysis, we found that the two home merchandise at less than normal value (see 19 CFR costs within a reasonable period of time, market categories constituted one LOT. 351.222(b)(iii)). Since the Department has concluded that OBV is the sole producer and we disregarded the below-cost sales in OBV reported EP sales to its exporter from the Netherlands, the revocation accordance with section 773(b)(1) of the unaffiliated customers in one customer decision is whether to revoke the order on brass Act. category, OEM’s, and therefore only had sheet and strip from the Netherlands in whole.

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This regulation requires, from Canada). The petitioners argue Above From the Republic of Korea: inter alia, that each exporter and that the number and quantity of sales of Final Results of Antidumping Duty producer covered by the order submit subject merchandise (radiator strip Administrative Review and the following: (1) a certification that the brass) reported by OBV in the last three Determination Not To Revoke Order In company has sold the subject administrative reviews is a small Part, 62 FR 39809, 39812 (July 24, 1997) merchandise at not less than NV in the fraction of the volume and number of (DRAMS from Korea). In addition to current review period and that the U.S. sales made prior to the original three years of no dumping, when company will not sell at less than NV investigation. They suggest that the only evidence is placed on the record relating in the future; and (2) a certification that reasonable inference that can be drawn to the likelihood of future dumping, the the company sold the subject from such a substantial decrease in sales Department is required to consider the merchandise in each of the three years is that OBV withdrew from the U.S. evidence. See Steel Wire Rope From the forming the basis of the request in market for the products that it was Republic of Korea: Final Results of commercial quantities (see 19 CFR selling during the original investigation Antidumping Duty Administrative 351.222(e)(1).) Upon receipt of such a (both radiator strip and electrical Review and Revocation in Part of request, the Department may revoke an connector strip) because it could not sell Antidumping Duty Order, 63 FR 17986, order, if it concludes that each exporter these products without dumping. 17988 (April 13, 1998) (Wire Rope from and producer covered at the time of According to the petitioners, the fact Korea). In Wire Rope from Korea, the revocation: (1) sold subject merchandise that OBV has chosen to source a large Department considered information at not less than NV for a period of at part of its radiator strip sales in the placed on the record which included least three consecutive years; and (2) is United States from production by its conditions and trends in the domestic not likely in the future to sell the subject American affiliate, Outokumpu and home market industries, currency merchandise at less than NV; see 19 American Brass (American Brass), movements, and the ability of the CFR 351.222(b)(1)). despite the fact that such merchandise respondent to compete in the U.S. On February 2, 1999, the Department currently would be subject to a 0% ad market without dumping. OBV argues established a time frame for parties to valorem cash deposit rate, according to that the information it has placed on the submit factual information relating to the petitioner is further proof of OBV’s record, as supported by an economic the Department’s consideration of inability to sell subject merchandise in report that it commissioned from LECG, OBV’s request for the revocation of the the United States without dumping. The Inc. (LECG Report), demonstrates that antidumping duty order on brass sheet petitioners argue that in a similar its sales have in fact been made in and strip from the Netherlands. See situation, the Department denied commercial quantities,3 and that it is Brass Sheet and Strip From The revocation to a German company who not likely to sell at below normal value Netherlands; Notice of Extension of had shifted sourcing to its United States in the future if the order were revoked. Time Limits for Sixth Antidumping Duty subsidiary (see Brass Sheet and Strip OBV notes that in Certain Plate from Administrative Review, 64 FR 5766 From Germany; Final Results of Canada the Department stated that ‘‘the (Feb. 5, 1999). OBV and the petitioners Antidumping Duty Administrative Department must be able to determine submitted comments on April 1, 1999 Review and Determination Not to that the company has continued to and rebuttal comments on May 6, 1999. Revoke in Part, 61 FR 49727, 49730 Petitioners’ Comments: The participate meaningfully in the U.S. (Sept. 23, 1996) (Brass from Germany). market during each of the three years at petitioners argue that the Department Finally, in order for the Department to issue.’’ OBV claims that in fact the should not revoke the order from the make an objective determination of the company shipped at historical levels Netherlands because the factual likelihood of future dumping if the over the period covered by the first information presented by OBV does not order were revoked, the petitioners support its position that (1) it has sold requested that the Department three administrative reviews, i.e., subject merchandise in the United undertake an analysis of OBV’s past February 8, 1988 through July 31, 1991, States in commercial quantities during practices as well as future competitive discontinued shipments from 1992 until the last three annual review periods; conditions that would affect OBV’s 1995, but resumed shipments when it to and (2) it has demonstrated that it is not prices and costs in the United States began servicing certain niche markets in likely to resume dumping in the future and the home market. Specifically, for the United States. Upon review and if the antidumping order is revoked. The both OBV and American Brass, they consideration of the ‘‘unusual petitioners state that recent requested that the Department obtain, occurrences which might affect the determinations issued by the for each product category of subject potential for production and Department indicate that the merchandise, historical shipment data exportation’’ in deciding commercial ‘‘commercial quantities’’ requirement in both the United States and the home quantities (see Notice of Proposed applies with respect to both the volume market, production capacities, and of sales as well as the number of sales fabrication prices. The petitioners claim 3 OBV further argued that the ‘‘commercial quantities’’ factor cited in 19 C.F.R. 351.222 (d)(1) made by a party requesting revocation. that this necessary information was applies only to antidumping reviews in which the See Pure Magnesium From Canada; noticeably absent from OBV’s otherwise ‘‘middle’’ year does not involve a review. In that Final Results of Antidumping Duty voluminous submission supporting regard, it contends that the Department’s reliance Administrative Review and revocation and that it is otherwise not upon ‘‘commercial quantities’’ in Magnesium From Canada notwithstanding, it is OBV’s position that Determination Not to Revoke Order in available to the petitioners. the quantity of imports is only one of many factors Part, 64 FR 12977, 12978 (Mar. 16, Respondent Comments: OBV claims the Department may consider in making a 1999) (Magnesium from Canada). See that it is a well-established past practice ‘‘likelihood’’ determination.

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Rulemaking and Request for Public that OBV will resume pricing in-scope Sheet & Strip from the Netherlands,’’ Comment, 61 FR 7308, 7320 (February radiator strip, or any other subject brass, dated August 31, 1999, from John 27, 1996) (Proposed Regulations)), OBV in the United States market at less than Brinkmann to the file (OBV Shipment contends that the Department will find normal value even as it increases its Memorandum); see also Verification that the shipments made during this and shipments of radiator strip from the Report, dated August 31, 1999. The the previous two administrative reviews Netherlands, for the following reasons: Department also preliminarily finds that were made in commercial quantities. (1) The recent investment in the vertical OBV had zero or de minimis dumping In evaluating the question of strip caster at OBV has made OBV the margins for three consecutive reviews. ‘‘commercial quantities’’ and world cost leader in radiator strip; (2) Further, in determining whether three ‘‘likelihood,’’ OBV argues that it is there is no direct competition to drive- years of no dumping establish a essential to understand that OBV’s down prices from any integrated United sufficient basis to make a revocation decision to discontinue shipments of States mill for in-scope radiator strip; (3) determination, the Department must be subject merchandise to the United the parent company to both OBV and able to determine that the company States in 1991 was not because OBV was American Brass would never allow OBV continued to participate meaningfully in unable to sell in the United States at to compete with American Brass in non- the U.S. market during each of the three above normal value prices. Rather, it radiator strip where American Brass has years at issue. See Certain Plate from was due to the acquisition of American a comparative advantage. Thus, OBV Canada, 64 FR at 2175; see also Brass, a major United States producer of will not export any product to the Magnesium from Canada, 64 FR at brass sheet and strip products (and United States except radiator strip; (4) 12979. This practice has been codified supporter of the revocation of this OBV is already operating at full capacity in section 351.222(d)(1) of the order), by OBV’s parent company, servicing its worldwide customer base. Department’s regulations, which states Outokumpu Oyj (Outokumpu). OBV Further, OBV could not significantly that, ‘‘before revoking an order or claims that this event caused a increase its production of non-radiator terminating a suspended investigation, significant and permanent structural strip brass, or shift production to other the Secretary must be satisfied that, change in the U.S. industry, vis-a-vis types of subject merchandise, without during each of the three (or five) years, OBV, which makes it unlikely that OBV significant additional investment; (5) there were exports to the United States would resume dumping in the United many United States customers of in commercial quantities of the subject States. radiator strip are multinational merchandise to which a revocation or OBV states that following the producers who would not tolerate price termination will apply.’’ 19 CFR acquisition of American Brass, discrimination among their worldwide 351.222(d)(1) (emphasis added); see also production of subject merchandise was affiliated entities; (6) the Dutch guilder 19 CFR 351.222(e)(1)(ii). For purposes of shifted from the Netherlands to has been weaker against the U.S. dollar revocation, the Department must be able American Brass for a variety of and is more likely to continue to fall to determine that past margins are management reasons unrelated to rather than to appreciate; (7) any reflective of a company’s normal pricing. Due to its obvious proximity to increase in radiator strip exports beyond commercial activity. Sales during the OBV’s customers in the United States, servicing the current OBV/American POR which, in the aggregate, are an and the need to address the uncertainty Brass customer base would be abnormally small quantity do not brought about by the on-going moderated by the limited market for provide a reasonable basis for antidumping order, American Brass was radiator brass, given the ongoing determining that the discipline of the required by Outokumpu to produce in- advance of aluminum as the preferred order is no longer necessary to offset scope brass radiator strip, while OBV substitute for brass. OBV’s conclusion dumping. continued to supply thinner gauge based on the LECG report is that selling radiator strip not covered by the scope at prices below normal value in the With respect to the threshold matter of the order. OBV resumed shipments of future would be irrational and self- of whether OBV made sales of subject in-scope radiator strip in 1995 to service injurious. merchandise to the United States in a niche market for certain United States Department Position: In determining commercial quantities, we find that customers who prefer brass strip with whether to revoke an antidumping OBV’s aggregate sales to the United more exacting tolerances, which for a order, we must conclude, pursuant to 19 States were made in commercial variety of reasons cannot be produced CFR 351.222(b)(1), that: (1) all quantities during all segments of this efficiently by American Brass. OBV producers and exporters have sold the proceeding. Although both the quantity claims that as a result of a significant subject merchandise at not less than and number of OBV’s shipments to the investment made in innovating radiator normal value to the United States in United States of subject merchandise strip production at its facilities, which commercial quantities for three have decreased since the imposition of has strengthened OBV’s position as the consecutive reviews; and (2) it is not the antidumping duty order, we find world cost leader in the production of likely that those persons will in the that the Outokumpu acquisition of radiator strip, Outokumpu intends to future sell the subject merchandise at American Brass and the subsequent shift production of in-scope radiator less than NV. transfer of in-scope radiator strip strip for its United States customers In the present case, the Department production to the United States is back to the Netherlands This shift in preliminarily finds that OBV is the only reflective of the type of ‘‘unusual production would also allow American exporter or producer of subject occurrence’’ contemplated by the Brass, in which Outokumpu has also merchandise shipped to the United Department, in promulgating its made significant new investment in States. This determination was based on regulations, as an acceptable equipment, to focus on non-radiator an examination of 1997 and 1998 explanation of why exports of subject strip production, where it has its best United States import statistics for the merchandise have declined. See efficiency, and away from radiator strip HTSUS item numbers (7409.21 and Proposed Regulations, 61 FR 7307, 7320 which is not suited to its production 7409.29) which cover the subject (Feb. 27, 1996). Prior to this acquisition, process. merchandise as well as information in 1989 and 1990, OBV continued to OBV claims that the LECG economic obtained during verification. See ship in similar quantities to the pre- report clearly shows that it is unlikely ‘‘memorandum of ‘‘Shipments of Brass order period and the subsequent

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 48766 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices cessation of shipments until 1995 was However, since the respondent placed margin exists for the period August 1, an immediate result of the 1991 information on the record that addresses 1997 through July 31, 1998: acquisition. Based upon these the types of factors considered by the circumstances, it is reasonable to Department, we have considered this Manufacturer/exporter Margin conclude that the company’s information in our determination of (percent) commercial practices were permanently whether dumping is likely to occur if OBV ...... Zero. changed in 1991, and that 1991, rather the order on brass sheet and strip from than the pre-order period, should be the the Netherlands is revoked. We will disclose the calculations used benchmark for measuring whether the Based upon the evidence presented in in our analysis to parties to this company’s sales during the three years this proceeding, we have considered proceeding within five days of the without dumping were made in various factors in considering whether publication date of this notice. See 19 commercial quantities. Examination of OBV is likely to sell merchandise in the CFR 351.224(b). Any interested party shipments of subject merchandise from future at less than NV. We have may request a hearing within 30 days of OBV from 1991 to the present shows reviewed the LECG economic report and the date of publication of this notice. that shipments began again in 1995 and briefs presented by OBV and find no See 19 CFR 351.310(c). Any hearing, if increased in quantity and number of evidence that indicates the likelihood of requested, will be held 44 days after the sales each year through 1998 (see OBV future dumping. Although OBV has date of publication, or the first workday Shipment Memorandum). Thus, we can indicated that it intends to shift thereafter. Interested parties may submit reasonably conclude that the ‘‘zero’’ production of subject radiator strip from margins calculated for OBV in each of case briefs within 30 days of the date of American Brass back to the Netherlands, publication of this notice. Parties who the last three administrative reviews are we find that there is no evidence that reflective of the company’s normal submit case briefs in this proceeding this will lead to the reoccurrence of should provide a summary of the commercial experience. dumping in the future. Further, the With respect to 19 CFR arguments not to exceed five pages and record shows that with the recent a table of statutes, regulations, and cases 351.222(b)(1)(ii), the likelihood issue, investment in the new vertical strip ‘‘when additional evidence is on the cited. Rebuttal briefs, limited to issues caster, OBV has a considerable cost raised in the case briefs, may be filed record concerning the likelihood of advantage over American Brass in the future dumping, the Department is, of not later than 7 days after the date of production of radiator strip. Also, we filing of case briefs. The Department course obligated to consider the confirmed at verification that OBV is evidence by the parties which relates to will publish a notice of the final results already producing to near capacity and the likelihood of future dumping.’’ In of this administrative review, which has limited capabilities to shift doing so, the Department may consider will include the results of its analysis of production from radiator strip to other such ‘‘factors as conditions and trends issues raised in any such written subject products, such as electrical in the domestic and home market comments, within 120 days from the connector strip, where American Brass industries, currency movements, and publication of these preliminary results. has a considerable cost advantage. the ability of the foreign entity to Based on this and other evidence Assessment Rate compete in the U.S. marketplace presented by OBV as to the current without [sales at less than normal Pursuant to 19 CFR 351.212(b), the structure of the American market for value].’’ Wire Rope from Korea, 63 FR at Department calculated an assessment 17988 (citing Brass from Germany, 61 brass radiator strip, and the relative rate for the importer of the subject FR at 49730); see also Proposed weakness of the Dutch guilder to the merchandise. Upon completion of this Regulation Concerning the Revocation U.S. dollar, we find that it is not likely review, the Department will issue of Antidumping Duty Orders, 64 FR that OBV will sell at less than normal appraisement instructions to the U.S. 29818, 29820 (June 3, 1999) (explaining value in the future. Customs Service. If these preliminary that when additional evidence as to Because both requirements under the results are adopted in our final results, whether the continued application of an regulation have been satisfied, and the we will instruct the U.S. Customs antidumping duty order is necessary to record establishes that OBV is the only Service to liquidate all entries subject to offset dumping is placed on the record, known producer and exporter of the this review without regard to ‘‘the Department may consider trends in subject merchandise from the antidumping duties. prices and costs, investment, currency Netherlands, we intend to revoke the If these preliminary results are not movements, production capacity, as antidumping duty order on brass sheet adopted in the final results, we will well as all other market and economic and strip from the Netherlands. If these instruct the U.S. Customs Service to factors relevant to a particular case.’’); preliminary findings are affirmed in our assess antidumping duties on all and Brass Sheet and Strip from Canada: final results, we will revoke the order appropriate entries covered by this Preliminary Results of Antidumping with respect to brass sheet and strip review if any importer-specific Duty Administrative Review and Notice from the Netherlands. In accordance assessment rates calculated in the final of Intent to Revoke Order in Part, 63 FR with 19 CFR 351.222(f)(3), we will results of this review are above de 6519, 6523 (Feb. 9, 1998). Thus, based terminate the suspension of liquidation minimis (i.e., at or above 0.5 percent). upon three consecutive reviews of zero for any such merchandise entered, or For assessment purposes, we intend to or de minimis margins, the Department withdrawn from warehouse, for calculate importer-specific assessment presumes that dumping is not likely to consumption on or after the first day rates for the subject merchandise by resume unless the Department has been after the period under review, and will aggregating the dumping margins for all presented with evidence to demonstrate instruct Customs to refund any cash U.S. sales to each importer and dividing that dumping is likely to resume if the deposit. the amount by the total entered value of order were revoked. Preliminary Results of Review the sales to that importer. In this proceeding, the petitioners have not presented evidence that would As a result of our review, we Cash Deposit Requirements demonstrate that dumping is likely to preliminarily determine that the If the final results remain unchanged resume if the order were revoked. following percentage weighted-average from these preliminary results, no future

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We reminder to importers of their issue; and (2) a brief summary of the initiated these reviews on September 23, responsibility under 19 CFR 351.402 to argument. 1998 (63 FR 51893—September 29, file a certificate regarding the EFFECTIVE DATE: September 8, 1999. 1998). reimbursement of antidumping duties Under the Act, the Department may FOR FURTHER INFORMATION CONTACT: prior to liquidation of the relevant extend the deadline for completion of Juanita Chen (Dongbu), Becky Hagen entries during this review period. administrative reviews if it determines (the POSCO Group), Marlene Hewitt Failure to comply with this requirement that it is not practicable to complete the (Union), or James Doyle, Enforcement could result in the Secretary’s review within the statutory time limit of Group III—Office 9, Import presumption that reimbursement of 365 days. The Department extended the Administration, International Trade antidumping duties occurred and the time limits for the preliminary results in Administration, U.S. Department of subsequent assessment of double these cases. See Certain Cold-Rolled antidumping duties. Commerce, 14th Street and Constitution Carbon Steel Flat Products and Certain This determination is issued and Avenue, N.W., Room 7866, Washington, Corrosion-Resistant Carbon Steel Flat published in accordance with sections D.C. 20230; telephone (202) 482–0409 Products from Korea: Antidumping 751(a)(1) and 777(i)(1) of the Act. (Chen), –0961 (Hagen), –1385 (Hewitt), Duty Administrative Reviews: Extension or –0159 (Doyle). Dated: August 31, 1999. of Time Limit, 64 FR 10982 (March 8, SUPPLEMENTARY INFORMATION: Richard W. Moreland, 1999). The Department is conducting these Acting Assistant Secretary for Import Applicable Statute Administration. administrative reviews in accordance Unless otherwise indicated, all with section 751 of the Act. [FR Doc. 99–23327 Filed 9–7–99; 8:45 am] citations to the statute are references to BILLING CODE 3510±DS±P the provisions effective January 1, 1995, Scope of the Reviews the effective date of the amendments The review of ‘‘certain cold-rolled made to the Tariff Act of 1930 (‘‘the carbon steel flat products’’ covers cold- DEPARTMENT OF COMMERCE Act’’) by the Uruguay Round rolled (cold-reduced) carbon steel flat- International Trade Administration Agreements Act (‘‘URAA’’). In addition, rolled products, of rectangular shape, unless otherwise indicated, all citations neither clad, plated nor coated with [A±580±815 & A±580±816] to the Department’s regulations are metal, whether or not painted, references to the provisions codified at varnished or coated with plastics or Certain Cold-Rolled and Corrosion- 19 CFR Part 351 (April 1998). other nonmetallic substances, in coils Resistant Carbon Steel Flat Products (whether or not in successively Background from Korea: Preliminary Results of superimposed layers) and of a width of Antidumping Duty Administrative The Department published 0.5 inch or greater, or in straight lengths Reviews antidumping duty orders on certain which, if of a thickness less than 4.75 AGENCY: Import Administration, cold-rolled and corrosion-resistant millimeters, are of a width of 0.5 inch International Trade Administration, carbon steel flat products from Korea on or greater and which measures at least Department of Commerce. August 19, 1993 (58 FR 44159). The 10 times the thickness or if of a Department published a notice of ACTION: Notice of preliminary results of thickness of 4.75 millimeters or more ‘‘Opportunity to Request an antidumping duty administrative are of a width which exceeds 150 Administrative Review’’ of the reviews. millimeters and measures at least twice antidumping duty orders for the 1997/ the thickness, as currently classifiable in SUMMARY: In response to requests from 98 review period on August 19, 1998 (63 the Harmonized Tariff Schedule three respondents and from the FR 42821). On August 31, 1998, (‘‘HTS’’) under item numbers petitioners in the original investigation, respondent Union Steel Manufacturing 7209.15.0000, 7209.16.0030, the Department of Commerce (‘‘the Co., Ltd. (‘‘Union’’) requested that the 7209.16.0060, 7209.16.0090, Department’’) is conducting (the fifth) Department conduct an administrative 7209.17.0030, 7209.17.0060, administrative reviews of the review of the antidumping duty order 7209.17.0090, 7209.18.1530, antidumping duty orders on certain on corrosion-resistant carbon steel flat 7209.18.1560, 7209.18.2550, cold-rolled and corrosion-resistant products from Korea, and Dongbu Steel 7209.18.6000, 7209.25.0000, carbon steel flat products from Korea. Co., Ltd. (‘‘Dongbu’’) and Pohang Iron 7209.26.0000, 7209.27.0000, These reviews cover three and Steel Co., Ltd. (‘‘POSCO’’) requested 7209.28.0000, 7209.90.0000, manufacturers and exporters of the that the Department conduct 7210.70.3000, 7210.90.9000, subject merchandise. The period of administrative reviews of the 7211.23.1500, 7211.23.2000, review (‘‘POR’’) is August 1, 1997, antidumping duty orders on cold-rolled 7211.23.3000, 7211.23.4500, through July 31, 1998. and corrosion-resistant carbon steel flat 7211.23.6030, 7211.23.6060, We preliminarily determine that sales products from Korea. On August 31, 7211.23.6085, 7211.29.2030, have been made below normal value 1998, petitioners in the original less- 7211.29.2090, 7211.29.4500, (‘‘NV’’). If these preliminary results are than-fair-value (‘‘LTFV’’) investigations 7211.29.6030, 7211.29.6080, adopted in our final results of (AK Steel Corporation; Bethlehem Steel 7211.90.0000, 7212.40.1000, administrative reviews, we will instruct Corporation; Inland Steel Industries, 7212.40.5000, 7212.50.0000, U.S. Customs to assess antidumping Inc.; LTV Steel Company; National Steel 7215.50.0015, 7215.50.0060, duties equal to the difference between Corporation; and U.S. Steel Group A 7215.50.0090, 7215.90.5000, export price (‘‘EP’’) or constructed Unit of USX Corporation) requested that 7217.10.1000, 7217.10.2000, export price (‘‘CEP’’) and NV. the Department conduct administrative 7217.10.3000, 7217.10.7000,

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7217.90.1000, 7217.90.5030, chromium and chromium oxides (‘‘tin- POSCO Group’s sales to affiliated 7217.90.5060, 7217.90.5090. Included in free steel’’), whether or not painted, resellers did not meet the Department’s this review are flat-rolled products of varnished or coated with plastics or 5 percent threshold, the Department has nonrectangular cross-section where other nonmetallic substances in required the POSCO Group to report the such cross-section is achieved addition to the metallic coating; clad home market downstream sales of the subsequent to the rolling process (i.e., products in straight lengths of 0.1875 five affiliated service centers with the products which have been ‘‘worked inch or more in composite thickness largest volume of sales of subject after rolling’’)—for example, products and of a width which exceeds 150 merchandise in each case. If the sales to which have been beveled or rounded at millimeters and measures at least twice the affiliated service centers did not the edges. Excluded from this review is the thickness; and certain clad stainless pass the arm’s length test, we used the certain shadow mask steel, i.e., flat-rolled products, which are three- resales made by these affiliated service aluminum-killed, cold-rolled steel coil layered corrosion-resistant carbon steel centers. To test whether these sales were that is open-coil annealed, has a carbon flat-rolled products less than 4.75 made at arm’s length, we compared the content of less than 0.002 percent, is of millimeters in composite thickness that prices of sales to affiliated and 0.003 to 0.012 inch in thickness, 15 to consist of a carbon steel flat-rolled unaffiliated customers net of all 30 inches in width, and has an ultra flat, product clad on both sides with movement charges, direct selling isotropic surface. stainless steel in a 20%–60%–20% expenses, discounts and packing. Where The review of ‘‘certain corrosion- ratio. prices to the affiliated parties were on resistant carbon steel flat products’’ These HTS item numbers are average 99.5 percent or more of the covers flat-rolled carbon steel products, provided for convenience and customs price to the unaffiliated party, we of rectangular shape, either clad, plated, purposes. The written descriptions determined that sales made to the or coated with corrosion-resistant remain dispositive. related party were at arm’s length. metals such as zinc, aluminum, or zinc- The POR is August 1, 1997 through Where no affiliated customer ratio could , aluminum-, nickel- or iron-based July 31, 1998. These reviews cover be calculated because identical alloys, whether or not corrugated or entries associated with sales of certain merchandise was not sold to unaffiliated customers, we were unable painted, varnished or coated with cold-rolled and corrosion-resistant to determine that these sales were made plastics or other nonmetallic substances carbon steel flat products by Dongbu, at arm’s length and, therefore, excluded in addition to the metallic coating, in Union, and the POSCO Group (see them from our analysis. See Final coils (whether or not in successively ‘‘Affiliated Parties’’ section below). Determination of Sales at Less Than Fair superimposed layers) and of a width of Verification Value: Certain Cold-Rolled Carbon Steel 0.5 inch or greater, or in straight lengths We verified information provided by Flat Products from Argentina, 58 FR which, if of a thickness less than 4.75 the POSCO Group with respect to costs, 37062, 37077 (July 9, 1993). Where the millimeters, are of a width of 0.5 inch sales, and service center sales, including exclusion of such sales eliminated all or greater and which measures at least on-site inspection of facilities of the sales of the most appropriate 10 times the thickness or if of a manufacturer, the examination of comparison product, we made thickness of 4.75 millimeters or more relevant accounting and financial comparisons to the next most similar are of a width which exceeds 150 records, and selection of original model. millimeters and measures at least twice documentation containing relevant Dongbu the thickness, as currently classifiable in information. Our verification results are the HTS under item numbers outlined in the cost, sales, and service In determining NV, based on our 7210.30.0030, 7210.30.0060, center verification reports. See the review of the submissions by Dongbu, 7210.41.0000, 7210.49.0030, August 5, 1999 Cost Verification Report the Department determined that Dongbu 7210.49.0090, 7210.61.0000, from Steve Bezirganian, Becky Hagen, need not report ‘‘downstream’’ sales by 7210.69.0000, 7210.70.6030, and Marlene Hewitt through James C. affiliated resellers in the home market 7210.70.6060, 7210.70.6090, Doyle to Edward Yang, the August 10, because of their small quantity. 7210.90.1000, 7210.90.6000, 1999 Sales Verification Report from We excluded from our margin 7210.90.9000, 7212.20.0000, Steve Bezirganian, Becky Hagen, and calculation certain Dongbu home market 7212.30.1030, 7212.30.1090, Marlene Hewitt through James C. Doyle sales of painted corrosion-resistant 7212.30.3000, 7212.30.5000, to the File, and the August 2, 1999 carbon steel flat products which we 7212.40.1000, 7212.40.5000, Service Center Verification Report from have determined to be outside of the 7212.50.0000, 7212.60.0000, Steve Bezirganian, Becky Hagen, and ordinary course of trade. Specifically, 7215.90.1000, 7215.90.3000, Marlene Hewitt through James C. Doyle we found that, based on Dongbu’s 7215.90.5000, 7217.20.1500, to Edward Yang, respectively. description, the sales in question met 7217.30.1530, 7217.30.1560, such criteria for exclusion that were laid 7217.90.1000, 7217.90.5030, Transactions Reviewed out in prior administrative reviews for 7217.90.5060, 7217.90.5090. Included in Consistent with prior reviews, we products outside the ordinary course of this review are flat-rolled products of excluded reported overrun sales in the trade. See, e.g., Certain Cold-Rolled and nonrectangular cross-section where home market from our sales Corrosion-Resistant Carbon Steel Flat such cross-section is achieved comparisons because such sales were Products From Korea: Final Results of subsequent to the rolling process (i.e., outside the ordinary course of trade. Antidumping Duty Administrative products which have been ‘‘worked Reviews, 64 FR 12927, 12941–42 (March after rolling’’)—for example, products The POSCO Group 16, 1999); Certain Corrosion-Resistant which have been beveled or rounded at According to section 351.403(d) of the Carbon Steel Flat Products From the edges. Excluded from this review Department’s regulations, downstream Australia; Final Results of Antidumping are: flat-rolled steel products either sales to home market affiliates Duty Administrative Reviews, 61 FR plated or coated with tin, lead, accounting for less than 5 percent of 14049, 14050–51 (March 29, 1996); and chromium, chromium oxides, both tin total sales are normally excluded from Certain Welded Carbon Steel Standard and lead (‘‘terne plate’’), or both the normal value calculation. Since the Pipes and Tubes From India, Final

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Results of Antidumping Duty and sold in the home market during the ‘‘particular market situation’’ in Korea Administrative Reviews, 56 FR 64753, POR, to be foreign like products for the during the period of review. Petitioners 64755 (December 12, 1991). The sales in purpose of determining appropriate allege that two economic distortions question were: limited in quantity; at product comparisons to U.S. sales of make it impossible to obtain reliable extremely low prices relative to costs; cold-rolled carbon steel flat products. measures of normal value in Korea, or and involved coils of unusual sizes Likewise, we considered all corrosion- to make proper comparisons of normal which would not be considered resistant carbon steel flat products value with U.S. sales. These economic desirable by customers (see pages 18–19 produced by the respondents and sold distortions, according to petitioners, are: of Dongbu’s July 6, 1999 supplemental in the home market during the POR to (1) the precipitous depreciation of the questionnaire response; note that the be foreign like products for the purpose Korean won during the POR, which was cover page to that response incorrectly of determining appropriate product not accompanied by a corresponding indicates that the submission is dated comparisons to corrosion-resistant increase in domestic prices, and July 6, 1998). For additional analysis, carbon steel flat products sold in the resulted from a profound financial and see the August 31, 1999 Preliminary United States. banking crisis linked to global market Results Analysis Memorandum from For certain product characteristics activity rather than from underlying Juanita Chen through James Doyle to the (i.e., quality and surface finish) Dongbu domestic economic fundamentals; and File. reported additional sub-codes. The (2) the Government of Korea (‘‘GOK’’) Department has included the additional controls home market prices of cold- Union codes that Dongbu reported in the rolled and corrosion-resistant steel. Union did not have any aforementioned categories in the Petitioners propose that the Department ‘‘downstream’’ sales by affiliated Department’s product matching instead rely upon third country sales as resellers in the home market to report. methodology. See the August 31, 1999 the basis for normal value. We note that Preliminary Results Analysis the precipitous drop in the value of the Affiliated Parties Memorandum from Juanita Chen won at the end of 1997 warrants the use For purposes of these reviews, we are through James Doyle to the File. of daily exchange rates and modified treating POSCO, Pohang Coated Steel Where there were no sales of identical benchmarks, as discussed in the Co., Ltd. (‘‘POCOS’’), and Pohang Steel merchandise in the home market to ‘‘Currency Conversion’’ section below. Industries Co., Ltd. (‘‘PSI’’) as affiliated compare to U.S. sales, we compared We preliminarily determine that the parties and have ‘‘collapsed’’ them, i.e., U.S. sales to the next most similar information submitted by petitioners treated them as a single producer of foreign like product on the basis of the and the questionnaire responses by the certain cold-rolled carbon steel flat characteristics listed in Appendix V of respondents do not show that there is a products (POSCO and PSI) and certain the Department’s antidumping particular market situation in Korea that corrosion-resistant carbon steel flat questionnaire. In making the product warrants disregarding the home market products (POSCO, POCOS, and PSI). We comparisons, we matched foreign like in this case. This is consistent with refer to the collapsed respondent as the products based on the physical previous reviews in which petitioners POSCO Group. POSCO, POCOS, and characteristics reported by the also alleged a particular market PSI were treated as collapsed in all respondent. Where sales were made in situation in Korea’s home market based previous segments of these proceedings. the home market on a different weight on alleged government control of The POSCO Group has submitted no basis from the U.S. market (theoretical pricing. In those cases, we determined new information which would cause us versus actual weight), we converted all that the Korean home market was viable to reconsider that determination. See quantities to the same weight basis, and appropriate as a basis for NV. See the August 31, 1999 Analysis using the conversion factors supplied by e.g. Certain Cold-Rolled and Corrosion- Memorandum from Becky Hagen the respondents, before making our fair- Resistant Carbon Steel Flat Products through James Doyle to Edward Yang. value comparisons. from Korea: Final Results of As we have determined in past Antidumping Duty Administrative administrative reviews, we are treating Fair-Value Comparisons Reviews, 62 FR 18404 (April 15, 1997), Union and Dongkuk Industries Co., Ltd. To determine whether sales of certain and Certain Cold-Rolled and Corrosion- (‘‘DKI’’) as a single producer of certain cold-rolled and corrosion-resistant Resistant Carbon Steel Flat Products cold-rolled carbon steel flat products. carbon steel flat products by the from Korea: Preliminary Results of See Certain Cold-Rolled and Corrosion- respondents to the United States were Antidumping Duty Administrative Resistant Carbon Steel Flat Products made at less than fair value, we Reviews, 62 FR 47422, 47425 From Korea: Preliminary Results of compared the export price (‘‘EP’’) or (September 9, 1997). constructed export price (‘‘CEP’’) to the Antidumping Duty Administrative Duty Absorption Reviews, 60 FR 65284 (December 19, normal value (‘‘NV’’), as described in 1995). the ‘‘Export Price/Constructed Export On October 20, 1998, the petitioners Additionally, we are treating DKI as a Price’’ and ‘‘Normal Value’’ sections of requested that the Department single producer of certain corrosion- this notice. In accordance with section determine whether antidumping duties resistant carbon steel flat products. See 777A(d)(2) of the Act, we calculated have been absorbed by an exporter or the August 31, 1999 Collapsing monthly weighted-average prices for NV producer subject to these administrative Memorandum from Marlene Hewitt and compared these to individual U.S. reviews, in the event that the subject through James Doyle to Edward Yang. transactions. merchandise was sold during this period of review in the United States Product Comparisons Particular Market Situation in the through an importer affiliated with the In accordance with section 771(16) of Home Market POSCO Group, Dongbu, or Union. the Act, we considered all cold-rolled On November 9, and December 1, Section 751(a)(4) of the Act provides carbon steel flat products produced by 1998, the petitioners alleged that the that, if requested, the Department will the respondents, covered by the Korean home market should not be used determine whether antidumping duties descriptions in the ‘‘Scope of the to determine NV because there were have been absorbed by a foreign Reviews’’ section of this notice, supra, economic distortions constituting a producer or exporter subject to the order

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Dongbu also agreed to its Act (i.e., antidumping orders in effect as Group submitted a request, in immediate reinstatement in the relevant of January 1, 1995), section 351.213(j)(2) accordance with 19 CFR 351.222(e), that antidumping order, as long as any firm of the Department’s regulations provides the Department revoke the orders is subject to the order, if the Department that the Department will make such a covering certain cold-rolled carbon steel concludes under 19 CFR 351.216 that, determination for any administrative flat products and certain corrosion- subsequent to revocation, it sold the review initiated in 1996 or 1998. The resistant carbon steel flat products from subject merchandise at less than NV. orders in these cases are transition Korea with respect to its sales of this In the third administrative review, we orders, which went into effect in 1993. merchandise. determined that Dongbu sold corrosion- See Notice of Antidumping Duty In accordance with 19 CFR resistant carbon steel flat products at Orders: Certain Cold-Rolled Carbon 351.222(e), these requests were less than normal value. See Certain Steel Flat Products and Certain accompanied by a certification from Cold-Rolled and Corrosion-Resistant Corrosion-Resistant Carbon Steel Flat POSCO that it had not sold the subject Carbon Steel Flat Products from Korea: Products from Korea, 58 FR 44159 merchandise at less than NV for a three- Final Results of Antidumping Duty (August 19, 1993). Because this review year period, including this review Administrative Reviews, 63 FR 13170 was initiated in 1998, and the period, and would not do so in the (March 18, 1998), as amended at 63 FR petitioners made a timely request for a future. POSCO also agreed to its 20572 (April 27, 1998). In the fourth duty absorption determination (i.e., immediate reinstatement of the relevant administrative review, we determined within 30 days of the date of publication antidumping order, as long as any firm that Dongbu was selling corrosion- of the notice of initiation of this review), is subject to the order, if the Department resistant carbon steel products at less we find that the regulatory requirements concludes under 19 CFR 351.216 that, than normal value. See Certain Cold- for a duty absorption determination subsequent to revocation, POSCO sold Rolled and Corrosion-Resistant Carbon have been met. See 19 CFR 351.213(j). the subject merchandise at less than NV. Steel Flat Products from Korea: Final Results of Antidumping Duty We have determined that duty In the third administrative reviews, Administrative Reviews, 64 FR 10982 absorption has occurred with respect to we determined that the POSCO Group (March 8, 1999). Consequently, we the percentages of sales shown below sold both cold-rolled and corrosion- preliminarily determine that because which were made through the resistant carbon steel flat products at Dongbu does not have three consecutive respondents’ U.S. affiliates and which less than normal value. See Certain years of zero or de minimis margins on had positive dumping margins: Cold-Rolled and Corrosion-Resistant corrosion-resistant steel, it is not eligible Carbon Steel Flat Products from Korea: Percentage of for revocation of the order on corrosion- Final Results of Antidumping Duty U.S. affiliate's resistant steel under 19 CFR Producer/Manufacturer/ Administrative Reviews, 63 FR 13170 Exporter sales with § 351.222(e). dumping (March 18, 1998), as amended at 63 FR margins 20572 (April 27, 1998). Although the Union final results of the third reviews are Certain Cold-Rolled Carbon Steel Flat Union did not request revocation. Products subject to litigation, that litigation is not yet complete. In the fourth Date of Sale The POSCO Group ...... 1.07 administrative reviews, the POSCO It is the Department’s current practice Group had de minimis margins for both normally to use the invoice date as the Certain Corrosion-Resistant Carbon Steel products. See Certain Cold-Rolled and date of sale, although we may use a date Flat Products Corrosion-Resistant Carbon Steel Flat other than the invoice date if we are Dongbu ...... 20.81 Products from Korea: Final Results of satisfied that a different date better The POSCO Group ...... 2.92 Antidumping Duty Administrative reflects the date on which the exporter Union ...... 5.26 Reviews, 64 FR 10982 (March 8, 1999). or producer establishes the material Consequently, we preliminarily terms of sale. See 19 CFR 351.401(i). We With respect to the above companies, determine that because the POSCO have preliminarily determined that we rebuttably presume that the duties Group does not have three consecutive there is no reason to depart from the will be absorbed for those sales which years of zero or de minimis margins on Department’s treatment of date of sale were dumped. This presumption can be cold-rolled carbon steel flat products for these respondents. Consistent with rebutted with evidence that the and corrosion-resistant carbon steel flat prior reviews, for home market sales, we unaffiliated purchasers in the United products, it is not eligible for revocation used the reported date of the invoice States will pay the ultimately assessed of these orders under 19 CFR 351.222(e). from the Korean manufacturer; for U.S. duty. However, there is no such Dongbu sales we have followed the evidence on the record. Under these Department’s methodology from the circumstances, we preliminarily find On August 31, 1998, Dongbu prior reviews, and have based date of that antidumping duties have been submitted a request, in accordance with sale on invoice date from the U.S. absorbed by the above-listed firms on 19 CFR 351.222(e), that the Department affiliate, unless that date was the percentages of U.S. sales indicated. revoke the orders covering certain subsequent to the date of shipment from If interested parties wish to submit corrosion-resistant carbon steel flat Korea, in which case that shipment date evidence that the unaffiliated products from Korea with respect to its is the date of sale. See Certain Cold- purchasers in the United States will pay sales of this merchandise. Rolled and Corrosion-Resistant Carbon

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Steel Flat Products from Korea: Final unaffiliated customers in the United included in the ‘‘other’’ expense Results of Antidumping Duty States. Where appropriate, we made category, but Dongbu did not provide Administrative Reviews, 64 FR 12927 at deductions from the starting price for such information (see pages 28–29 of 12935 (March 16, 1999). foreign inland freight, foreign inland Dongbu’s July 6, 1999 supplemental insurance, foreign brokerage and questionnaire response). For additional Export Price/Constructed Export Price handling, international freight, marine analysis, see the August 31, 1999 We calculated the price of United insurance, U.S. inland freight, U.S. Preliminary Results Analysis States sales based on CEP, in accordance brokerage and handling, U.S. Customs Memorandum from Juanita Chen with section 772(b) of the Act, except duties, commissions, credit expenses, through James Doyle to the File. for U.S. sales made by PSI, which we warranty expenses, inventory carrying For PSI’s U.S. sales, we calculated EP have classified as ‘‘export price’’ sales. costs incurred in the United States, and based on the packed prices to The Act defines the term ‘‘constructed other indirect selling expenses. Our unaffiliated purchasers in the United export price’’ as ‘‘the price at which the calculation of indirect selling expenses States. We made deductions for foreign subject merchandise is first sold (or does not include interest expenses of inland freight, brokerage and handling, agreed to be sold) in the United States the U.S. sales affiliates because we have ocean freight, marine insurance, U.S. before or after the date of importation by preliminarily determined that virtually inland freight (where applicable), U.S. or for the account of the producer or all of those interest expenses relate to brokerage and wharfage charges (where exporter of such merchandise or by a the financing of receivables or to applicable) and U.S. Customs duties in seller affiliated with the producer or borrowings involving non-subject accordance with section 772(c)(2)(A) of exporter, to a purchaser not affiliated merchandise. Pursuant to section the Act. Additionally, we added to the with the producer or exporter, as 772(d)(3) we made an adjustment for U.S. price an amount for duty drawback adjusted under subsections (c) and (d).’’ CEP profit. Where appropriate, we pursuant to section 772(c)(1)(B) of the In contrast, ‘‘export price’’ is defined as added interest revenue to the gross unit Act. This is not a change from the fourth ‘‘the price at which the subject price. Consistent with the Department’s reviews, as PSI did not sell subject merchandise is first sold (or agreed to be normal practice, we added duty merchandise to the United States during sold) before the date of importation by drawback to the gross unit price. We did that period of review. the producer or exporter of the subject so in accordance with the Department’s Normal Value merchandise outside of the United long-standing test, which requires: (1) Based on a comparison of the States.’’ Sections 772(a)-(b) of the Act that the import duty and rebate be (emphasis added). In the instant case, aggregate quantity of home-market and directly linked to, and dependent upon, the record establishes that Dongbu, the U.S. sales, we determined that the one another; and (2) that the company POSCO Group, and Union’s affiliates in quantity of the foreign like product sold claiming the adjustment demonstrate the United States were in most instances in the exporting country was sufficient that there were sufficient imports of the parties first contacted by unaffiliated to permit a proper comparison with the imported raw materials to account for U.S. customers desiring to purchase the sales of the subject merchandise to the the duty drawback received on the subject merchandise and also that the United States, pursuant to section 773(a) exports of the manufactured product. sales affiliates in question signed the of the Act. Therefore, in accordance sales contracts and performed other Additionally, for Dongbu, we revised with section 773(a)(1)(B)(i) of the Act, selling functions. Respondents have the calculation of U.S. indirect selling we based NV on the price at which the submitted no new evidence warranting expenses to reflect our determination foreign like product was first sold for a change in our finding in the third and that a certain category of expenses consumption in the home market, in the fourth reviews—based in part on should not be allocated across both usual commercial quantities and in the exhaustive sales verifications—that subject and non-subject merchandise ordinary course of trade. sales by Dongbu, Union and the POSCO but, rather, should be considered to only Where appropriate, we deducted Group sales by POSCO and POCOS are apply to the former. Our original rebates, discounts, inland freight (offset, CEP transactions. See Certain Cold- questionnaire requested that Dongbu where applicable, by freight revenue), Rolled and Corrosion-Resistant Carbon provide a list of the overhead expenses inland insurance, and packing. We Steel Flat Products from Korea: Final incurred, and Dongbu’s initial response made adjustments to NV, where Results of Antidumping Duty included a category called ‘‘Others’’ (see appropriate, for differences in credit Administrative Reviews, 64 FR 12927, pages C–47, C–48, and Exhibit C–19 of expenses (offset, where applicable, by 12937 (March 16, 1999). Dongbu’s November 24, 1998 Section C interest income), warranty expenses, We preliminarily determine that the response). Our first supplemental post-sale warehousing, and differences POSCO Group’s U.S. sales made by PSI questionnaire asked Dongbu to indicate in weight basis. We also made are EP sales. The U.S. affiliate, Pohang for all categories the basis for assigning adjustments, where appropriate, for Steel America Corp. (‘‘POSAM’’), was costs to subject and non-subject home-market indirect selling expenses not involved in the negotiations, and in merchandise, and Dongbu’s response to offset U.S. commissions in CEP fact, had no communication with the does not appear to clarify the types of comparisons. U.S. customer until the purchase order expenses, and their applicability to We also increased NV by U.S. packing was finalized. Given the information subject vs. non-subject merchandise, costs in accordance with section from the record indicating PSI’s included under the category ‘‘Others’’ 773(a)(6)(A) of the Act. We made substantial involvement in those sales (see page 31 and Exhibit C–31 of adjustments to NV for differences in and POSAM’s absence of any Dongbu’s April 22, 1999 supplemental cost attributable to differences in involvement until the very end of the questionnaire response). Finally, in our physical characteristics of the sales process (see, e.g., Section IVA of most recent supplemental questionnaire merchandise, pursuant to section the Sales Verification report), we have we asked Dongbu to provide an 773(a)(6)(C)(ii) of the Act. In accordance classified PSI’s sales as EP sales. For explanation for each type of common with the Department’s practice, where Dongbu, Union, and POSCO Group sales expense including the category ‘‘other’’ all contemporaneous matches to a U.S by POSCO and POCOS, we calculated common expenses, and to provide a list sale observation resulted in difference- CEP based on packed prices to indicating each type of expense in-merchandise adjustments exceeding

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20 percent of the cost of manufacturing distinguishing between levels of trade regard to customer categories or (‘‘COM’’) of the U.S. product, we based for these reviews and that it is not channels of trade, and there is no NV on constructed value (‘‘CV’’). claiming a level of trade adjustment nor evidence on the record indicating that claiming a CEP offset. Our analysis of such functions vary within the home Differences in Levels of Trade the questionnaire responses detailing market. In identifying the level of trade In accordance with section the selling functions provided by for CEP sales, we considered only the 773(a)(1)(B)(i) of the Act and the Dongbu in the U.S. and home market selling activities reflected in the U.S. Statement of Administrative Action leads us to conclude that sales within or price after deduction of expenses and (‘‘SAA’’) at 829–831, to the extent between each market are not made at profit under section 772(d) of the Act. practicable, the Department will different levels of trade. We also note We find that Union performed similar calculate NV based on sales at the same that the selling functions described by functions for its U.S. sales to DKA as it level of trade as the U.S. sales (either EP Dongbu in these reviews are consistent did for its sales to home market or CEP). When the Department is unable with the selling functions described for customers. Although the expenses to find sales in the comparison market the previous reviews of these orders, in related to DKA’s activities have been at the same level of trade as the U.S. which we determined no distinct levels deducted from CEP, the expenses sale(s), the Department may compare of trade. See Notice of Preliminary incurred by Union are still reflected in sales in the U.S. and foreign markets at Results: Certain Cold-Rolled Carbon CEP. Because we find there are no different levels of trade, and adjust NV Steel Flat Products and Certain substantive differences in selling if appropriate. The NV level of trade is Corrosion-Resistant Carbon Steel Flat functions provided by Union for its that of the starting-price sales in the Products from Korea, 63 FR 48173, home market customers as compared to home market. As the Department 48178 (September 9, 1998). DKA, there is no difference in level of explained in Gray Portland Cement and Accordingly, we preliminarily find that trade and, therefore, no basis for Clinker From Mexico: Final Results of all sales in the home market and the granting a level of trade adjustment or Antidumping Duty Administrative U.S. market were made at the same level a CEP offset. This is consistent with our Review, 62 FR 17148, 17156 (April 9, of trade. Therefore, all price treatment of level of trade for Union in 1997), for both EP and CEP, the relevant comparisons are at the same level of prior administrative reviews. See Notice transaction for the level-of-trade trade and any adjustment pursuant to of Preliminary Results: Certain Cold- analysis is the sale from the exporter to section 773(a)(7) of the Act is Rolled Carbon Steel Flat Products and the importer. unwarranted. Certain Corrosion-Resistant Carbon To determine whether comparison Steel Flat Products from Korea, 63 FR market NV sales are at a different LOT B. Union 48173, 48178 (September 9, 1998). than EP or CEP, we examine stages in Union argues that, with the the marketing process and selling Department’s classification of Union’s C. The POSCO Group functions along the chain of distribution U.S. sales as CEP sales, and its view of In its questionnaire responses, the between the producer and unaffiliated Dongkuk International Inc.’’s (‘‘DKA’s’’) POSCO Group stated that its home- customer. If the comparison-market role in the sales process as more than market sales by affiliated service centers sales are at a different level of trade and ancillary for the U.S. sales, it is were at a different level of trade than its the difference affects price incumbent on the Department to other home-market sales and its U.S. comparability, as manifested in a recognize that U.S sales and home sales (regardless of the customer pattern of consistent price differences market sales are at different levels of category). The respondent indicated that between the sales on which NV is based trade. Furthermore, Union notes that the service centers provide certain and comparison-market sales at the because the difference in the level of selling functions to all of their level of trade of the export transaction, trade cannot be quantified, Union is customers, while POSCO, POCOS and we make a level-of-trade adjustment eligible for a CEP offset. Union states PSI provide a different set of selling under section 773(a)(&)(A) of the Act. that home market sales are at a different functions to all of their customers Finally, if the NV level is more remote level of trade from CEP sales, a level (including the service centers). from the factory than the CEP level and representing a more advanced stage of In order to confirm the presence of there is no basis for determining distribution. Union asserts that the separate levels of trade within or whether the difference in the levels Department’s practice in a CEP situation between the U.S. and home markets, we between NV and CEP affects price is to compare the level of trade of the examined the respondent’s comparability, we adjust NV under U.S. sale after the deduction of the questionnaire responses for indications section 773(a)(7)(B) of the Act (the CEP- selling expenses with the level of trade of substantive differences in selling and offset provision). See Notice of Final of the home market product with no marketing functions, and reviewed this Determination of Sales at Less Than Fair deduction; therefore, the indirect selling issue during the sales verification in Value: Certain Cut-to-Length Carbon expenses incurred for the selling Korea. See the preamble to section Steel Plate from South Africa, 62 FR functions associated with the U.S. sale, 351.412 of the Department’s new 61731, 61732 (November 17, 1997), and i.e., the contact, and other ancillary regulations (62 FR at 27371). Granular Polytetrafluoroethylene Resin functions (in particular the arranging of In its October 30, 1998 Section A From Italy; Preliminary Results of credit terms) have been deducted from response, the POSCO Group claimed Antidumping Duty Administrative the U.S. sales price, but remain in the that there are two channels of Review, 63 FR 25826 (May 11, 1998). home market price. distribution in the home market: one In identifying the level of trade for channel of distribution consists of sales A. Dongbu home market sales, we consider the made by POSCO, POCOS, and PSI, In its questionnaire responses, selling functions reflected in the starting while they claim that a second channel Dongbu states that there were no price of home market sales before any of distribution consists of the sales significant differences in its selling adjustments, pursuant to section made by the affiliated service centers. activities by customer categories within 773(a)(1)(B)(i) of the Act. Union’s Our analysis of the questionnaire or between each market. Therefore, description of selling functions in the responses and review of the sales Dongbu states that it is not home market makes no distinction with functions at the service center and sales

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The only substantive administrative expenses (‘‘SG&A’’), and does not constitute a ‘‘new production additional function that the affiliated packing costs in accordance with facility,’’ as required by the startup service centers perform is the slitting section 773(b)(3) of the Act. adjustment provision. See section and shearing of coils, which is not a 773(f)(1)(C)(ii)(I) of the Act. The SAA sales function, but rather a Dongbu sets a high standard for startup manufacturing operation. See, e.g., the We adjusted Dongbu’s cost of adjustment claims when it states that, September 9, 1997 Preliminary Results materials and fabrication so that net ‘‘ ‘New production facilities’ includes Analysis Memorandum from Steve currency and translation losses are the substantially complete retooling of Bezirganian to Richard Weible, the allocated based on their relationship to an existing plant. Substantially August 10, 1999 Sales Verification Dongbu Steel costs rather than complete retooling involves the Report from Steve Bezirganian, Becky consolidated costs of goods sold (see replacement of nearly all production Hagen, and Marlene Hewitt through Exhibits D–27 and C–31 of Dongbu’s machinery or the equivalent rebuilding James C. Doyle to the File, and the April 22, 1999 supplemental of existing machinery.’’ SAA at 836 August 2, 1999 Service Center questionnaire response). For additional (emphasis added). Therefore, the startup Verification Report from Steve analysis, see the August 31, 1999 adjustment should only be applied Bezirganian, Becky Hagen, and Marlene Preliminary Results analysis memo from when substantial modifications have Hewitt through James C. Doyle to Juanita Chen through James Doyle to the been made to an entire production Edward Yang. Furthermore, the File. plant. When determining whether Department finds that POSCO, POCOS, Union and PSI all provide comparable services substantial modifications have been to their customers in each market. Thus, We made adjustments to Union’s made the Department must consider, our analysis of the questionnaire fixed overhead (‘‘FOH’’) due to our along with other factors, the extent to responses and the review of sales recalculation of depreciation, consistent which the improvements relate to the functions at the service center and sales with the Department’s treatment of total production process. In the instant verifications leads us to conclude that depreciation for the previous review case, the new line is but one of many sales within or between each market are period. See 64 FR 12927, 12944 (March processing steps necessary to produce not made at different levels of trade. 16, 1999). See also the August 31, 1999 corrosion-resistant products performed Accordingly, we find that all sales in the Analysis Memorandum from Marlene by the POSCO Group. We also note that, home market and the U.S. market were Hewitt through James Doyle to the File. although the equipment in question is large and expensive, its relative size to made at the same level of trade. The POSCO Group Therefore, all price comparisons are at the other production equipment We adjusted the reported costs to involved in the production of cold- the same level of trade and an reflect differences in production costs rolled products at the POSCO Group is adjustment pursuant to section 773(a)(7) associated with quality and coating small. Moreover, the line produces is unwarranted. weight. Also, in order to correct a merchandise similar to that Cost-of-Production/Constructed Value clerical coding error in reported manufactured on numerous other lines minimum thickness, we calculated the by the POSCO Group. Therefore, we do At the time the questionnaires were correct minimum thickness by taking not believe that the installation of this issued in these reviews, the third annual the reported nominal thickness, then equipment constitutes the substantial administrative reviews were the most reassigning this minimum thickness retooling of one of the POSCO Group’s recently completed segments of these value to the proper minimum thickness facilities and, therefore, does not meet proceedings in which each of the three band as required by the Department’s the standard established in the statute. respondents had participated. In questionnaire. We reassigned the Because section 773(f)(1)(C) of the Act accordance with section 773(b)(2)(A)(ii) observations with corrected minimum establishes that both prongs of the test of the Act, because we disregarded thicknesses to the appropriate must be met before a startup adjustment certain below-cost sales by each of the CONNUM. We increased all reported is warranted, this finding is sufficient to three respondents in those reviews, we costs to account for missing cost centers deny the POSCO Group’s claim. found reasonable grounds in these in the POSCO Group’s cost buildups. Therefore, we need not address the reviews to believe or suspect that those See the August 31, 1999 Preliminary POSCO Group’s arguments concerning respondents made sales in the home Results Analysis Memorandum from technical factors that limit commercial market at prices below the cost of Becky Hagen through James Doyle to the production levels (see Notice of Final producing the merchandise. We File. Finally, the Department notes that Determination of Sales at Not Less Than therefore initiated cost investigations it appears that a small portion of the Fair Value: Collated Roofing Nails from with regard to Dongbu, Union, and the POSCO Group’s home market database Korea, 62 FR 51420, 51426 (October 1, POSCO Group, in order to determine was miscoded for yield strength. We 1997). whether the respondents made home- will examine the accuracy and extent of market sales during the POR at prices this problem for the final determination. B. Test of Home-Market Prices below their COP within the meaning of We have conducted an analysis of the We used the respondents’ weighted- section 773(b) of the Act. POSCO Group’s startup adjustment average COP, as adjusted (see above), for Before making concordance matches, claim for the preliminary results. The the period July 1997 to June 1998. We we conducted the COP analysis POSCO Group has claimed that the compared the weighted-average COP described below. installation of a new production line at figures to home-market sales of the

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Certain Cold-Rolled Carbon Steel Flat Products examined whether (1) within an The decline was, in both speed and extended period of time, such sales magnitude, many times more severe Dongbu ...... 0.00 were made in substantial quantities, and than any change in the dollar-won The POSCO Group ...... 0.10 (2) such sales were made at prices exchange rate during the previous eight Union ...... 0.00 which permitted the recovery of all years. Had the won rebounded quickly costs within a reasonable period of time. Certain Corrosion-Resistant Carbon Steel enough to recover all or almost all of the On a product-specific basis, we Flat Products initial loss, the Department might have compared the COP to the home-market prices (not including VAT), less any been inclined to view the won’s decline Dongbu ...... 1.29 at the end of 1997 as nothing more than The POSCO Group ...... 0.45 applicable movement charges, Union ...... 0.17 discounts, and rebates. a sudden, but only momentary, drop, despite the magnitude of that drop. As C. Results of COP Test it was, however, there was no Pursuant to 19 CFR 351.224(b), the Pursuant to section 773(b)(2)(C) of the significant rebound. Therefore, we have Department will disclose to parties to the proceeding any calculations Act, where less than 20 percent of a preliminarily determined that the performed in connection with these respondent’s sales of a given product decline in the won at the end of 1997 were at prices less than the COP, we did preliminary results within five days was so precipitous and large that the after the publication of this notice. not disregard any below-cost sales of dollar-won exchange rate cannot that product because we determined Pursuant to 19 CFR 351.309, interested reasonably be viewed as having simply parties may submit written comments in that the below-cost sales were not made fluctuated during this time, i.e., as in ‘‘substantial quantities.’’ Where 20 response to these preliminary results. having experienced only a momentary Case briefs must be submitted within 30 percent or more of a respondent’s sales drop in value. Therefore, in making this of a given product during the POR were days after the date of publication of this preliminary determination, the notice, and rebuttal briefs, limited to at prices less than the COP, we found Department used daily rates exclusively that sales of that model were made in arguments raised in case briefs, must be for currency conversion purposes for ‘‘substantial quantities’’ within a submitted no later than five days after comparison market sales matched to reasonable period of time, in accordance the time limit for filing case briefs. with sections 773(b)(2)(B) and (C) of the U.S. sales occurring between November Parties who submit argument in this Act, and were not at prices which 1 and December 31, 1997. For sales proceeding are requested to submit with would permit recovery of all costs occurring after December 31, but before the argument: (1) A statement of the within an extended period of time, in March 1, 1998, the Department issue, and (2) a brief summary of the accordance with section 773(b)(2)(D) of continued to rely on the standard argument. Case and rebuttal briefs must the Act. In such cases, we disregarded exchange rate model, but used as the be served on interested parties in the below-cost sales in accordance with benchmark rate a (stationary) average of accordance with 19 CFR 351.303(f). section 773(b)(1) of the Act. the daily rates over this period. In this Also, pursuant to 19 CFR 351.310, manner, we used an ‘‘up-to-date’’ (post- within 30 days of the date of publication D. Calculation of CV precipitous drop) benchmark, but at the of this notice, interested parties may In accordance with section 773(e) of same time avoided undue day-to-day request a public hearing on arguments the Act, we calculated CV for Dongbu, fluctuations in the exchange rates used. to be raised in the case and rebuttal Union, and the POSCO Group based on See Notice of Final Determination of briefs. Unless the Secretary specifies otherwise, the hearing, if requested, will the sum of respondents’ cost of Sales at Less Than Fair Value: Emulsion be held two days after the date for materials, fabrication, SG&A, including Styrene-Butadiene Rubber from the submission of rebuttal briefs, that is, interest expenses, U.S. packing costs, Republic of Korea, 64 FR 14865, 14868 and profit. In accordance with section thirty-seven days after the date of (March 29, 1999) and Notice of publication of these preliminary results. 773(e)(2)(A) of the Act, we based SG&A Preliminary Results and Partial and profit on the amounts incurred and The Department will publish the final Recission of Antidumping Duty realized by the respondent in results of this administrative review, Administrative Review: Steel Wire Rope connection with the production and sale including the results of its analysis of of the foreign like product in the from Korea, 63 FR 67662, 67665 issues raised in any case or rebuttal brief ordinary course of trade, for (December 8, 1998), unchanged at Steel or at a hearing not later than 120 days consumption in the foreign country. For Wire Rope from Korea; Final Results of after the date of publication of these selling expenses, we used the weighted- Antidumping Duty Administrative preliminary results. average home-market selling expenses. Review and Partial Recission of The Department shall determine, and As noted in the ‘‘Calculation of COP’’ Antidumping Administrative Review, the U.S. Customs Service shall assess, section of this notice, we made 64 FR 17995 (April 13, 1999). antidumping duties on all appropriate entries. In accordance with 19 CFR adjustments to the reported COMs of the Preliminary Results of the Reviews POSCO Group and Union. We also 351.212(b), we have calculated exporter/ made adjustments, where appropriate, As a result of these reviews, we importer-specific assessment rates. We for home-market indirect selling preliminarily determine that the divided the total dumping margins for the reviewed sales by the total entered expenses to offset U.S. commissions in following weighted-average dumping value of those reviewed sales for each CEP comparisons. margins exist: importer. We will direct the U.S. Currency Conversion Customs Service to assess the resulting Our preliminary analysis of Federal percentage margin against the entered Reserve dollar-won exchange rate data customs values for the subject

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The Department of the subject merchandise entered, or AGENCY: Import Administration, published a notice of ‘‘Opportunity To withdrawn from warehouse, for International Trade Administration, Request Administrative Review’’ of the consumption on or after the publication Department of Commerce. antidumping duty order for the 1997/ date, as provided for by section ACTION: Notice of preliminary results of 1998 review period on August 11, 1998 751(a)(1) of the Act: (1) the cash deposit antidumping duty administrative (63 FR 42821). On August 31, 1998, both rate for each respondent will be the rate review. the respondent, Hoogovens Staal BV established in the final results of these (Hoogovens), and petitioners SUMMARY: In response to requests from administrative reviews (except that no (Bethlehem Steel Corporation, U.S. Steel the petitioners and respondent, the deposit will be required for firms with Company (a Unit of USX Corporation), Department of Commerce (the zero or de minimis margins, i.e., Ispat/Inland Steel, Inc., LTV Steel margins lower than 0.5 percent); (2) for Department) is conducting an Company, and National Steel previously reviewed or investigated administrative review of the Corporation) filed requests for review. companies not listed above, the cash antidumping duty order on cold-rolled We published a notice of initiation of deposit rate will continue to be the carbon steel flat products from the the review on September 29, 1998 (63 company-specific rate published for the Netherlands. The review covers one FR 51893). most recent period; (3) if the exporter is manufacturer/exporter of the subject Due to the complexity of the issues not a firm covered in these reviews, a merchandise to the United States during involved in this case, the Department prior review, or the original LTFV the period August 1, 1997 through July extended the time limit for completion investigations, but the manufacturer is, 31, 1998. of the preliminary results until August the cash deposit rate will be the rate We preliminarily determine that a de 31, 1999, in accordance with section established for the most recent period minimis dumping margin exists for this 751(a)(3)(A) of the Tariff Act. The for the manufacturer of the period of review. If these preliminary deadline for the final results of this merchandise; and (4) if neither the results are adopted in our final results review will continue to be 120 days exporter nor the manufacturer is a firm of review, we will instruct the U.S. after the date of publication of this covered in these or any prior reviews, Customs Service to assess antidumping notice. The Department is conducting the cash deposit rate will be 14.44 duties on entries of Hoogovens this review in accordance with section percent (for certain cold-rolled carbon merchandise during the period of 751 of the Tariff Act. review, in accordance with the steel flat products) and 17.70 percent Scope of the Review (for certain corrosion-resistant carbon Department’s regulations (19 CFR steel flat products), the ‘‘all others’’ rate 353.6). The products covered by this review Interested parties are invited to established in the LTFV investigations. include cold-rolled (cold-reduced) comment on these preliminary results. These deposit requirements, when carbon steel flat-rolled products, of Parties who submit argument in this imposed, shall remain in effect until rectangular shape, neither clad, plated proceeding are requested to submit with publication of the final results of the nor coated with metal, whether or not the argument (1) a statement of the issue next administrative reviews. painted, varnished or coated with and (2) a brief summary of the argument plastics or other nonmetallic substances, This notice also serves as a (no longer than five pages, including in coils (whether or not in successively preliminary reminder to importers of footnotes). superimposed layers) and of a width of their responsibility under 19 CFR EFFECTIVE DATE: September 8, 1999. 0.5 inch or greater, or in straight lengths 351.402(f) to file a certificate regarding FOR FURTHER INFORMATION CONTACT: which, if of a thickness less than 4.75 the reimbursement of antidumping Ilissa A. Kabak or Robert M. James, millimeters, are of a width of 0.5 inch duties prior to liquidation of the Import Administration, International or greater and which measures at least relevant entries during this review Trade Administration, U.S. Department 10 times the thickness or if of a period. Failure to comply with this of Commerce, 14th Street and thickness of 4.75 millimeters or more requirement could result in the Constitution Avenue, N.W., are of a width which exceeds 150 Secretary’s presumption that Washington, D.C. 20230; telephone millimeters and measures at least twice reimbursement of antidumping duties (202) 482–1395 or 482–5222, the thickness, as currently classifiable in occurred and the subsequent assessment respectively. the Harmonized Tariff Schedule (HTS) of double antidumping duties. under item numbers 7209.15.0000, These administrative reviews and Applicable Statute 7209.16.0030, 7209.16.0060, notice are in accordance with sections Unless otherwise indicated, all 7209.16.0090, 7209.17.0030, 751(a)(1) and 777(i)(1) of the Act. citations to the Tariff Act of 1930, as 7209.17.0060, 7209.17.0090, amended (the Tariff Act), are references 7209.18.1530, 7209.18.1560, Dated: August 31, 1999. to the provisions effective January 1, 7209.18.2550, 7209.18.6000, Richard W. Moreland, 1995, the effective date of the 7209.25.0000, 7209.26.0000, Acting Assistant Secretary for Import amendments made to the Tariff Act by 7209.27.0000, 7209.28.0000, Administration. the Uruguay Round Agreements Act of 7209.90.0000, 7210.70.3000, [FR Doc. 99–23325 Filed 9–7–99; 8:45 am] 1994 (URAA). In addition, unless 7210.90.9000, 7211.23.1500, BILLING CODE 3510±DS±P otherwise indicated, all references to the 7211.23.2000, 7211.23.3000,

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7211.23.4500, 7211.23.6030, Constructed Export Price (CEP) product was greater than five percent of 7211.23.6060, 7211.23.6085, Sales made by Hoogoven’s selling its aggregate volume of U.S. sales of the 7211.29.2030, 7211.29.2090, office in the Netherlands through the subject merchandise. Therefore, we 7211.29.4500, 7211.29.6030, affiliated Rafferty-Brown companies, have based NV on home market sales. Hoogovens made sales to both 7211.29.6080, 7211.90.0000, located in the United States, to affiliated and unaffiliated customers in 7212.40.1000, 7212.40.5000, unaffiliated U.S. customers were treated the home market during the period of 7212.50.0000, 7215.50.0015, as CEP sales. We based CEP on the review. We included sales to affiliated 7215.50.0060, 7215.50.0090, delivered price to unaffiliated customers customers when we determined those 7215.90.5000, 7217.10.1000, in the United States. We made sales to be at arm’s length (i.e., at 7217.10.2000, 7217.10.3000, deductions for foreign inland freight, weighted-average prices that were 99.5 7217.10.7000, 7217.90.1000, ocean freight and marine insurance, percent or more of weighted average 7217.90.5030, 7217.90.5060, and brokerage and handling, U.S. inland prices for identical products sold to 7217.90.5090. Included in this review freight, and U.S. customs duties, in are flat-rolled products of unaffiliated customers in the home accordance with section 772(c) of the market). When the weighted-average nonrectangular cross-section where Tariff Act. Furthermore, in accordance such cross-section is achieved price to an affiliated customer was less with section 772(d)(1) of the Tariff Act, than 99.5 percent of the weighted- subsequent to the rolling process (i.e., we deducted selling expenses associated products which have been ‘‘worked average price to unaffiliated customers, with economic activities occurring in or there were no sales of identical after rolling’’)—for example, products the United States, including credit which have been beveled or rounded at merchandise to unaffiliated customers expenses, indirect selling expenses, and for purposes of the arm’s-length test, we the edges. Excluded from this review is inventory carrying costs. In accordance excluded sales to that affiliated certain shadow mask steel, i.e., with section 772(d)(2) of the Tariff Act, customer from our calculation of NV. aluminum-killed, cold-rolled steel coil for sales made through the affiliated See Antidumping Duties; Countervailing that is open-coil annealed, has a carbon Rafferty-Brown companies, we also Duties, Final Rule 62 FR 27296, 27355 content of less than 0.002 percent, is of deducted the cost of further (May 19, 1997). 0.003 to 0.012 inch in thickness, 15 to manufacturing, including repacking Home market prices were based on 30 inches in width, and has an ultra flat, expenses. Finally, we made an the packed, ex-factory or delivered isotropic surface. These HTS item adjustment for an amount of profit prices to customers, net of early numbers are provided for convenience allocated to these expenses in payment discounts and rebates. We and Customs purposes. The written accordance with section 772(d)(3) of the made deductions from NV for inland description of the scope of this order Tariff Act. See Analysis Memo at 10. freight, pursuant to section 773(a)(6)(B) remains dispositive. In the absence of cost of production of the Tariff Act. In accordance with (COP) data for home market sales,1 we Verification section 773(a)(6)(C)(iii) of the Tariff Act estimated COP for calculation of the and 19 CFR 351.410(c), we made As provided in section 782(i)(3) of the CEP profit allocation as follows: circumstance-of-sale (COS) adjustments Tariff Act, we verified information 1. We estimated the home market for credit and, where appropriate, provided by Hoogovens at its fixed costs by calculating the weighted warranty expenses. headquarters in Beverwijk and average ratio of fixed costs to variable We deducted home market packing IJmuiden, the Netherlands, using costs for U.S. sales (using the reported costs and added U.S. packing costs, in standard verification procedures, VCOMU and TCOMU variables) and accordance with section 773(a)(6) of the including inspection of the multiplying the reported home market Tariff Act. Where appropriate, we made manufacturing facilities, examination of variable costs (VCOMH) by this ratio; adjustments to NV to account for 2. We obtained the total cost of relevant sales and financial records, and differences in the physical manufacturing (COM) by adding the selection of original documentation characteristics of the merchandise, in reported total variable costs and the containing relevant information. We accordance with section 773(a)(6)(C)(ii) estimated fixed costs; also verified information provided by of the Tariff Act and 19 CFR 351.411. 3. We obtained general and Hoogovens Steel USA, Inc. at its office administrative expenses and interest Level of Trade in Scarsdale, New York. expenses from the constructed value In accordance with section Export Price (EP) (CV) data base and added them to the 773(a)(1)(B) of the Tariff Act, to the total COM to obtain COP. extent practicable, we determine NV Sales made by Hoogoven’s selling Normal Value (NV) based on sales in the comparison market office in the Netherlands directly to at the same level of trade (LOT) as the unaffiliated customers in the United In order to determine whether sales of EP or CEP transaction. The NV LOT is States were treated as EP sales. We the foreign like product in the home that of the starting-price sales in the calculated EP based on the delivered, market are a viable basis for calculating comparison market or, when NV is duty-paid price to unaffiliated NV, we compared the volume of home based on CV, that of the sales from customers in the United States. We market sales of the foreign like product which we derive selling, general and made adjustments for discounts and to the volume of subject merchandise administrative expenses and profit. For post-sale price adjustments. We also sold in the United States, in accordance EP, the U.S. LOT is also the level of the made deductions, where applicable, for with section 773(a)(1)(C) of the Tariff starting-price sale, which is normally foreign inland freight, ocean freight and Act. Hoogovens’s aggregate volume of the sale from exporter to importer. In marine insurance, brokerage and home market sales of the foreign like this case the exporter sells directly to handling, U.S. inland freight, and U.S. unaffiliated customers. For CEP, the customs duties in accordance with 1 Hoogovens reported CV data, which provide the U.S. LOT is the level of the constructed section 772(c) of the Tariff Act. See cost of manufacturing the products sold in the United States. As the product mix is very different sale from the exporter to the importer. Preliminary Analysis Memorandum in the home market, the CV data are not To determine whether NV sales are at (Analysis Memo), August 31, 1999, at 8. representative of total costs. a different LOT than EP or CEP, we

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If the rolled Carbon Steel Flat Products from Sales Comparisons comparison-market sales are at a the Netherlands: Final Results of different LOT, and the difference affects Antidumping Duty Administrative To determine whether sales of cold- price comparability, as manifested in a Review, 64 FR 11825, (March 10, 1999)). rolled carbon steel flat products in the pattern of consistent price differences As for CEP sales, Hoogovens claims it United States were made at prices below between the sales on which NV is based has no home market sales at a LOT normal value, we compared EP or CEP and comparison-market sales at the LOT equivalent to the CEP LOT, alleging, to NV, as described in the ‘‘Export of the export transaction, we make an ‘‘while the CEP sales have been adjusted Price,’’ ‘‘Constructed Export Price’’ and LOT adjustment under section to create, in effect, an ex-factory level of ‘‘Normal Value’’ sections of this notice. 773(a)(7)(A) of the Tariff Act. Finally, trade, the starting price of the home In accordance with section 777(A) of the for CEP sales, if the NV level is more market sales reflects many selling Tariff Act, we calculated monthly remote from the factory than the CEP activities not reflected in the adjusted weighted-average prices for NV and level and there is no basis for CEP price. These include indirect compared these to individual U.S. determining whether the difference in selling activities, indirect warranty and transactions. For comparisons to EP, we the levels between NV and CEP affects technical service expenses, and made COS adjustments by deducting price comparability, we adjust NV inventory carrying costs incurred on direct selling expenses incurred on under section 773(a)(7)(B) of the Tariff home market sales.’’ See Section A home market sales and adding U.S. Act (the CEP-offset provision). See response (October 21, 1998), at 45 and direct selling expenses. For comparisons Notice of Final Determination of Sales 46. to CEP, we made deductions for direct at Less Than Fair Value: Certain Cut-to- We disagree with Hoogovens’s claim selling expenses incurred on home Length Carbon Steel Plate from South that the prices used to determine NV market sales. There were no Africa, 62 FR 61731 (November 19, reflect many selling activities not comparisons to CV for these preliminary 1997). reflected in CEP. In accordance with results. section 772(d)(1) the Department Reimbursement To examine LOT in this review, we calculated CEP by deducting the requested information concerning the imputed credit expenses incurred by the Section 351.402(f) of the antidumping selling functions associated with sales Rafferty-Brown companies as direct regulations requires the Department to to service centers and to several selling expenses. The Department also deduct from EP or CEP the amount of categories of end-users in each of deducted indirect selling expenses any antidumping duty that is Hoogovens’s markets and interviewed (ISE), including imputed inventory reimbursed to the importer. Based on sales and technical service managers. In carrying costs (ICC) incurred in the verified evidence on the record in this both the home and U.S. markets larger United States by the Rafferty-Brown review, including the revised agency customers received more frequent visits companies for sales to the first agreement between Hoogovens and from sales personnel. In the home unaffiliated buyers. The Department did Hoogovens Steel USA, Inc. (HSUSA) market a higher level of technical not deduct from CEP those ISE incurred and the refund to Hoogovens by HSUSA service was provided to automotive in the Netherlands pertaining to U.S. of a portion of the cash deposits customers than to other end-users. sales (reported in computer data fields advanced to HSUSA for merchandise However, Hoogovens stated that ‘‘it DINDIRSU and DINVCARU), nor certain entered during the second and fourth cannot differentiate among the selling expenses of the U.S. sales office, on the administrative reviews, the Department functions performed and services grounds that these expenses were has preliminarily determined that offered to different classes of home associated with the sale to Hoogovens’s HSUSA is solely responsible for the market or export price customers.’’ U.S. affiliates rather than with the sales payment of antidumping duties. Hoogovens’s October 21, 1998 section A by the affiliates to the first unaffiliated Further, evidence on the record in this questionnaire response (Section A buyers. Thus, the CEP includes review shows that HSUSA has sufficient response) at 14. Hoogovens further Hoogovens’s warranty and technical assets to establish its ability to pay the noted that the higher level of service service expenses for U.S. sales, as well antidumping duties to be assessed (see provided to large end-users, such as as ISE, including the expenses of the ‘‘United States Verification Report,’’ at 3 auto makers, was related to the higher sales offices in IJmuiden and New York, (July 8, 1999)). Therefore, for this period volumes of merchandise purchased by incurred in connection with the sales to of review we have determined that these customers, and not any specific the affiliated service centers. Hoogovens has not reimbursed HSUSA features of this market sector. Id. at 26. For the purposes of the LOT analysis, for antidumping duties to be assessed. Therefore, based upon the information we found no distinguishable difference Preliminary Results of Review on the record we preliminarily between the selling functions included determine that there are no significant in the home market starting price and We preliminarily determine that the differences between the selling the selling functions included in the following margin exists for the period functions performed and services CEP; Hoogovens’s starting price for August 1, 1997 through July 31, 1998: offered to service centers and end-user home market sales includes the Margin customers in the home market. We also provision of services reflected in the Company (percent) preliminarily determine that there are direct warranty and technical service no differences between the selling expenses, ICC, the expenses of the sales Hoogovens Staal BV ...... 0.25 functions performed and services office in IJmuiden, and other indirect offered to service centers and end-user selling expenses incurred for home Parties to this proceeding may request customers in the U.S. market. Lastly, market sales. On the basis of this disclosure within five days of evidence on the record indicates that analysis, the Department has publication of this notice and any Hoogovens has not changed its selling preliminarily determined that the record interested party may request a hearing functions since the fourth (1996–1997) does not support Hoogovens’s claim that within 30 days of publication. Any

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.113 pfrm04 PsN: 08SEN1 48778 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices hearing, if requested, will be held 44 manufacturer is a firm covered in this or In addition, we are extending the days after the date of publication, or the any previous review or the original fair period for issuing the final results of first working day thereafter. Interested value investigation, the cash deposit this review. Our final results will be parties may submit case briefs and/or rate will be 19.32 percent. issued no later than 180 days after the written comments no later than 30 days This notice also serves as a date of publication of these preliminary after the date of publication. Rebuttal preliminary reminder to importers of results of review. briefs and rebuttals to written their responsibility under 19 CFR EFFECTIVE DATE: September 8, 1999. comments, limited to issues raised in 351.402(f) to file a certificate regarding FOR FURTHER INFORMATION CONTACT: the reimbursement of antidumping such briefs or comments, may be filed Davina Hashmi, Anne Copper, or George duties prior to liquidation of the no later than 37 days after the date of Callen, Import Administration, publication. The Department will relevant entries during these review International Trade Administration, publish the final results of this periods. Failure to comply with this U.S. Department of Commerce, 14th administrative review, which will requirement could result in the Street and Constitution Avenue, N.W., include the results of its analysis of Secretary’s presumption that Washington, DC 20230; telephone (202) issues raised in any such written reimbursement of antidumping duties 482–5760, (202) 482–0090, (202) 482– comments or at a hearing, within 120 occurred and the subsequent assessment 0180, respectively. days after the publication of this notice. of double antidumping duties. The Department shall determine, and This administrative review and notice SUPPLEMENTARY INFORMATION: Customs shall assess, antidumping are in accordance with sections Applicable Statute and Regulations duties on all appropriate entries. 751(a)(1) and 777(i)(1) of the Tariff Act. Individual differences between United Unless otherwise indicated, all Dated: August 31, 1999. citations to the statute are references to States price and NV may vary from the Richard W. Moreland, percentage given above. The Department the provisions effective January 1, 1995, Acting Assistant Secretary for Import the effective date of the amendments will issue appraisement instructions Administration. directly to Customs. The final results of made to the Tariff Act of 1930 (the Act) [FR Doc. 99–23321 Filed 9–7–99; 8:45 am] this review shall be the basis for the by the Uruguay Round Agreements Act assessment of antidumping duties on BILLING CODE 3510±DS±P (URAA). In addition, unless otherwise entries of merchandise covered by this indicated, all citations to the Department of Commerce’s (the review and for future deposits of DEPARTMENT OF COMMERCE estimated duties. For assessment Department’s) regulations are to the purposes we intend to calculate International Trade Administration regulations codified at 19 CFR Part 351 importer-specific assessment rates for (April 1998). [A±201±802] cut-to-length carbon steel plate. For both Background EP and CEP sales we will divide the Gray Portland Cement and Clinker total dumping duties for each importer On August 11, 1998, the Department From Mexico; Preliminary Results of published in the Federal Register a (calculated as the difference between Antidumping Duty Administrative NV and EP or CEP) by the entered value Notice of Opportunity to Request Review and Extension of Final Results Administrative Review concerning the of the merchandise. Upon completion of of Administrative Review this review we will direct Customs to antidumping duty order on gray assess the resulting ad valorem rates AGENCY: Import Administration, portland cement and clinker from against the entered value of each entry International Trade Administration, Mexico (63 FR 42821). In accordance of subject merchandise by each importer Department of Commerce. with 19 CFR 351.213, the petitioner, the during the POR. ACTION: Notice of preliminary results of Southern Tier Cement Committee Furthermore, the following deposit antidumping duty administrative review (STCC), requested a review of CEMEX, requirements will be effective upon and extension of final results of CEMEX’s affiliate, Cementos de completion of the final results of this administrative review. Chihuahua, S.A. de C.V. (CDC), and administrative review for all shipments Apasco, S.A. de C.V. (Apasco). In of cold-rolled carbon steel flat products SUMMARY: In response to requests from addition, CEMEX and CDC requested from the Netherlands entered, or interested parties, the Department of review of their own entries. Apasco withdrawn from warehouse, for Commerce is conducting an subsequently reported, and the consumption on or after the publication administrative review of the Department confirmed with U.S. date of the final results of this antidumping duty order on gray Customs, that Apasco did not have any administrative review, as provided by portland cement and clinker from U.S. sales or shipments during the section 751(a)(1) of the Tariff Act: (1) Mexico. The review covers exports of period of review. On September 29, The cash deposit rate for the reviewed subject merchandise to the United 1998, the Department published a firm will be the rate established in the States during the period August 1, 1997, Notice of Initiation of Antidumping and final results of administrative review, through July 31, 1998, and one firm, Countervailing Duty Administrative except if the rate is less than 0.5 CEMEX, S.A. de C.V., and its affiliate, Reviews (63 FR 51894) initiating this percent, and therefore, de minimis Cementos de Chihuahua, S.A. de C.V. review. The period of review is August within the meaning of 19 CFR The results of this review indicate the 1, 1997, through July 31, 1998. The 351.106(c), in which case the cash existence of dumping margins for the Department is now conducting a review deposit rate will be zero; (2) if the period. of CEMEX and CDC pursuant to section exporter is not a firm covered in this We invite interested parties to 751 of the Act. review or the original investigation, but comment on these preliminary results. the manufacturer is, the cash deposit Parties who submit arguments in this Scope of Review rate will be that established for the proceeding are requested to submit with The products covered by this review manufacturer of the merchandise in the the argument (1) a statement of the include gray portland cement and final results of this review; and (3) if issues, and (2) a brief summary of the clinker. Gray portland cement is a neither the exporter nor the argument. hydraulic cement and the primary

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Gray portland cement is Department will treat two or more Clinker from Mexico (August 31, 1998), currently classifiable under the affiliated producers as a single entity and Memorandum from Analyst to File, Harmonized Tariff Schedule (HTS) item where those producers have production Collapsing CEMEX, S.A. and Cementos number 2523.29 and cement clinker is facilities for similar or identical de Chihuahua for the Current currently classifiable under HTS item products that would not require Administrative Review (April 6, 1999). number 2523.10. Gray portland cement substantial retooling of either facility in Export Price and Constructed Export has also been entered under HTS item order to restructure manufacturing Price number 2523.90 as ‘‘other hydraulic priorities and the Department concludes cements.’’ The HTS subheadings are that there is a significant potential for We used export price (EP), in provided for convenience and customs the manipulation of price or production. accordance with section 772(a) of the purposes only. Our written description In identifying a significant potential for Act, where the subject merchandise was of the scope of the proceeding is the manipulation of price or production, sold to the first unaffiliated purchaser in dispositive. the factors the Department may consider the United States prior to importation include the following: (i) the level of and constructed export price (CEP) was Verification common ownership; (ii) the extent to not otherwise warranted based on the As provided in section 782(i) of the which managerial employees or board facts in the record. We used CEP in Act, we verified sales information members of one firm sit on the board of accordance with section 772(b) of the provided by CEMEX and CDC using directors of an affiliated firm; and (iii) Act for those sales to the first standard verification procedures, whether operations are intertwined, unaffiliated purchaser that took place including an examination of relevant such as through the sharing of sales after importation into the United States. sales and financial records, selection of information, involvement in production CEMEX made CEP sales during the original documentation containing and pricing decisions, the sharing of period of review, while CDC made both relevant information, and an on-site tour facilities or employees, or significant CEP and EP sales during the period of of one of CDC’s manufacturing facilities. transactions between the affiliated review. Our verification results are outlined in producers. We calculated EP based on delivered public versions of the verification A North American Free Trade prices to unaffiliated customers in the reports. Agreement Binational Panel upheld our United States. Where appropriate, we decision in the 1994/95 administrative made adjustments from the starting Extension of Final Results review to collapse CEMEX and CDC. price for early payment discounts, We have determined that it is not Article 1904 Binational Panel Review foreign inland freight, U.S. inland practical to complete our final results Pursuant To The North American Free freight, U.S. brokerage and handling, within 120 days of the date of Trade Agreement opinion of the Panel, and U.S. duties. We also adjusted the publication of this notice of preliminary Secretariat File No. USA–97–1904–01 starting price for billing adjustments to results. To allow time to obtain, analyze, (June 18, 1999). We found that, in each the invoice price. and verify new cost information which of the subsequent administrative We calculated CEP based on delivered we requested late in this review, we are reviews, the factual information prices to unaffiliated customers. Where extending the deadline for our final underlying our original decision to appropriate, we made adjustments to results of review, pursuant to 19 CFR collapse these two entities did not the starting price for discounts and 351.213(h)(2), from 120 to 180 days after change and, accordingly, we continued billing adjustments to the invoice price. publication of this notice. Memorandum to treat these two entities as a single In accordance with section 772(d) of the from Richard W. Moreland to Robert S. entity. Act, we deducted those selling LaRussa, 1997–1998 Administrative Having reviewed the current record, expenses, including inventory carrying Review of the Anti-Dumping Order on we find, once again, that the factual costs, that were related to economic Gray Portland Cement and Clinker from information underlying our original activity in the United States. We also Mexico-Extension of Final Results, decision to collapse these two entities made deductions for foreign brokerage August 31, 1999. (Public versions of all has not changed during the instant and handling, foreign inland freight, referenced memoranda are on file in administrative review period. CEMEX’s U.S. inland freight and insurance, U.S. Room B–099 of the Department’s main indirect ownership of CDC exceeds five brokerage and handling, U.S. duties, building.) percent, such that these two companies and direct selling expenses. Finally, we are affiliated pursuant to section made an adjustment for CEP profit in Collapsing 771(33)(E) of the Act. In addition to accordance with section 772(d)(3) of the Section 771(33) of the Act defines their affiliation, we find that CEMEX Act. when two or more parties will be and CDC have similar production With respect to subject merchandise considered affiliated for purposes of an processes. Finally, interlocking boards to which value was added in the United antidumping analysis. Moreover, of directors and significant transactions States prior to sale to unaffiliated U.S. section 351.401(f) of the regulations between the companies give rise to a customers (e.g., cement that was describes when we will treat two or significant potential for the imported and further-processed into more affiliated producers as a single manipulation of price or production. finished concrete by U.S. affiliates of entity (i.e., ‘‘collapse’’ the firms) for Accordingly, we preliminarily conclude foreign exporters), we preliminarily purposes of calculating a dumping that these affiliated producers should be determine that the special rule under margin. In the three previous treated as a singly entity and that we section 772(e) of the Act for administrative reviews of this order, we should calculate a single, weighted- merchandise with value added after analyzed whether we should collapse average margin for these companies. importation is applicable. CEMEX and CDC in accordance with Therefore, throughout this notice, Section 772(e) of the Act provides our regulations. Gray Portland Cement references to ‘‘respondent’’ should be that, where the subject merchandise is

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.176 pfrm04 PsN: 08SEN1 48780 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices imported by an affiliated person and the basis for comparison. Accordingly, for cement is covered by the scope of this value added in the United States by the purposes of determining dumping order, it is not comparable to Types II affiliated person is likely to exceed margins for these sales, we have used and V under sections 771(16)(B) or (C) substantially the value of the subject the weighted-average margin of 45.39 of the Act and, thus, we did not require merchandise, we shall determine the percent calculated on sales of identical CEMEX to report its home-market sales CEP for such merchandise using the or other subject merchandise sold to of pozzolanic cement for this review. price of identical or other subject unaffiliated purchasers. See Memorandum from Laurie Parkhill merchandise if there is a sufficient No other adjustments to EP or CEP to Richard W. Moreland, Gray Portland quantity of sales to provide a reasonable were claimed or allowed. Cement and Clinker from Mexico-Sales of Pozzolanic Cement (June 2, 1999). basis for comparison and we determine Normal Value that the use of such sales is appropriate. On June 18, 1999, the North American Section 351.402(c)(2) of the regulations A. Comparisons Free Trade Agreement Binational Panel provides that the Department normally In order to determine whether there reviewing the final results of the 1994/ will determine that the value added in was a sufficient volume of sales in the 1995 administrative review found that the United States by the affiliated home market to serve as a viable basis CEMEX’s and CDC’s Type I bagged person is likely to exceed substantially for calculating normal value (NV), we cement should not have been combined the value of the subject merchandise if compared the respondent’s volume of with sales of Type I cement sold in bulk the Department estimates the value home-market sales of the foreign like to the United States in the calculation added to be at least 65 percent of the product to the volume of U.S. sales of of normal value. In other words, the price charged to the first unaffiliated the subject merchandise in accordance Panel found that sales of Type I cement purchaser for the merchandise as sold in with section 773(a)(1)(C) of the Act. in bags should not be included in the the United States. We normally will Since the respondent’s aggregate volume universe of home-market sales available estimate the value added based on the of home-market sales of the foreign like for comparison to bulk sales to the difference between the price charged to product was greater than five percent of United States. Rather, the Panel the first unaffiliated purchaser for the its aggregate volume of U.S. sales for the concluded, only sales of Type I cement merchandise as sold in the United subject merchandise, we determined in bulk should serve as the basis for States and the price paid for the subject that the home market was viable. determining NV for Type II and Type V merchandise by the affiliated person. Therefore, we have based NV on home- cement sold in the United States, and it The Department normally will base this market sales. remanded the results of the 1994/1995 determination on averages of the prices During the period of review, CEMEX review to the Department for a and the value added to the subject and CDC sold two types of cement in recalculation of the margin. Those merchandise. If there is not a sufficient the United States—Type V LA and Type proceedings have not yet been quantity of such sales or if we determine II, respectively. The statute expresses a completed. In this review, the record that using the price of identical or other preference for matching U.S. sales to supports the continued practice of subject merchandise is not appropriate, identical merchandise in the home finding CEMEX’s and CDC’s sales of we may use any other reasonable basis market. However, in situations where Type I cement in bags in the home to determine the CEP. identical product types cannot be market as sales comparable, within the During the course of this matched, the statute expresses a meaning of section 771(16)(B) of the administrative review, the respondent preference for basing NV on sales of Act, to U.S. sales. Specifically, in submitted, and we verified, information similar merchandise (sections accordance with section 771(16)(B) of which allowed us to determine whether, 773(a)(1)(B) and 771(16) of the Act). the Act, we find that both bulk and in accordance with section 772(e) of the Because we have preliminarily bagged Type I cement are produced in Act, the value added in the United determined that Type V and Type V LA the same country and by the same States by its U.S. affiliates is likely to sold in the home market by CEMEX are producer as Type V LA or Type II, both exceed substantially the value of the outside the ordinary course of trade (see bulk and bagged Type I cement are like subject merchandise. To determine the ‘‘Ordinary Course of Trade’’ section Type V LA in component materials and whether the value added is likely to of this notice) and CDC had no sales to in the purposes for which used, and exceed substantially the value of the unaffiliated customers of either Type II both bulk and bagged Type I cement are subject merchandise, we estimated the LA or Type V LA in the home market, approximately equal in commercial value added based on the difference we did not find identical matches in the value to Type II or Type V LA cement. between the averages of the prices home market to which we could match Questionnaire responses from both charged to the first unaffiliated sales of the subject merchandise. CEMEX and CDC indicate that, with the purchaser for the merchandise as sold in Accordingly, we based NV on sales of exception of packaging, Type I cement the United States and the averages of the similar merchandise. sold in bulk and Type I cement sold in prices paid for subject merchandise by During the period of review, CEMEX bags are physically identical and both the affiliated person. Based on this sold four basic types of gray portland are used in the production of concrete. analysis, we estimate that the value cement in Mexico—Type I, Type V, Also, since there is no difference in cost added was at least 65 percent of the Type V LA, and pozzolanic. During the between cement sold in bulk or in bag price the respondent charged to the first same period, CDC sold two types of gray (again with the exception of packaging), unaffiliated purchaser for the portland cement in Mexico—Type I and both are approximately equal in merchandise as sold in the United Type II. The history of this order commercial value. See CEMEX response States. Therefore, we preliminarily demonstrates that, of the various types to Section A of the Department’s determine that the value added is likely of cement which may reasonably be Questionnaire, Volume 1, November 12, to exceed substantially the value of the compared to imports of cement from 1998, pgs. A–28–30, Section B, subject merchandise. Also, the record Mexico, Type I cement is most similar December 4, 1998, pg. B–51, and CDC indicates that there is a sufficient to the Type V LA cement sold in the response to Section A, A–44–47, quantity of subject merchandise to United States. On June 2, 1999, we November. 12, 1998, and Section B, prove a reasonable and appropriate determined that, while pozzolanic December 2, 1998, pg. B–31.

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B. Ordinary Course of Trade Based upon similar facts and using a from the Campana and Yaqui plants are Section 773(a)(1)(B) of the Act similar analysis, the Department outside of the ordinary course of trade. requires the Department to base NV on reached the same conclusion in the final With respect to sales of Type V LA ‘‘the price at which the foreign like results of the 1994/1995, 1995/1996, cement from CEMEX’s Hidalgo plant, product is first sold (or in the absence and 1996/1997 administrative reviews we have determined that these sales are of sales, offered for sale) for for certain sales of Type II and Type V also outside the ordinary course of consumption in the exporting country, cement by CEMEX in Mexico. Gray trade. CEMEX notes that only the in the usual commercial quantities and Portland Cement and Clinker from Campana and Yaqui plants produce in the ordinary course of trade.’’ Mexico: Final Results of Antidumping Type V LA on a consistent basis, but it Ordinary course of trade is defined as Duty Administrative Review, 62 FR has produced Type V LA on ‘‘occasion’’ ‘‘the conditions and practices which, for 17148, 17151 (April 9, 1997), Gray at its Hidalgo plant. In addition, CEMEX a reasonable time prior to the Portland Cement and Clinker from has stated that production of cement exportation of the subject merchandise, Mexico: Final Results of Antidumping meeting the ASTM specifications of have been normal in the trade under Duty Administrative Review, 63 FR Type V LA at the Hidalgo plant was consideration with respect to 12764, 12768 (March 16, 1998); Gray unintentional. In fact, CEMEX itself, in merchandise of the same class or kind.’’ Portland Cement and Clinker from prior submissions, has indicated that Apart from identifying certain sales Mexico: Final Results of Antidumping production and sales of cement meeting that are below cost (section 773(b)(1) of Duty Administrative Review, 64 FR ASTM standards for Type V LA at the the Act) or between affiliated persons 13148 (March 17, 1999). Hidalgo plant were unusual in that they (section 773(f)(2) of the Act), Congress In the instant review, CEMEX claims attempted to produce another type of has not specified any criteria that the that its sales of Type V LA cement in the cement. Moreover, none of the Type V Department should use in determining home market are within the ordinary LA production from the Hidalgo plant the appropriate ‘‘conditions and course of trade. Pursuant to section was sold as Type V LA and the profit- practices’’ which are ‘‘normal in the 773(a)(1)(B) of the Act, the Department level pattern was similar to the pattern trade under consideration.’’ Therefore, has examined the totality of the at Campana and Yaqui for sales of ‘‘Commerce, in its discretion, chooses circumstances surrounding CEMEX’s cement produced as Type V LA and how best to analyze the many factors sales of cement in Mexico that are sold as Type I. A complete discussion involved in a determination of whether produced as Type V and Type V LA of our preliminary conclusions on sales sales are made within the ordinary cement and marketed as Type I, Type II of cement from the Campana, Yaqui, course of trade.’’ Thai Pineapple Public LA, Type V, and Type V LA (Type V LA and Hidalgo plants, requiring reference Co. v. United States, 946 F. Supp. 11, is identical in physical characteristics to to proprietary information, is contained 14–17 (CIT 1996). the cement that CEMEX sells in the in a memorandum in the official file for The Department’s ordinary-course-of- United States). Based on the current this case. Memorandum from Analyst to trade inquiry is far-reaching. It evaluates record, which reflects similar findings Laurie Parkhill, Gray Portland Cement not just ‘‘one factor taken in isolation in prior reviews (see, for example, and Clinker from Mexico—Ordinary but rather all the circumstances Decision Memorandum to Joseph A. Course of Trade (August 31, 1999). particular to the sales in question.’’ Spetrini, August 31, 1998), the In conclusion, the decision to exclude Murata Mfg. Co. v. United States, 820 F. Department has preliminarily sales of Type V and Type V LA cement Supp. 603, 607 (CIT 1993). In short, we determined that CEMEX’s home-market from the calculation of NV centers examine the totality of the facts in each sales of Type V and Type V LA cement around the unusual nature and case to determine if sales are being during the review period were outside characteristics of these sales compared made for ‘‘unusual reasons’’ or under the ordinary course of trade. to the vast majority of CEMEX’s other ‘‘unusual circumstances.’’ Electrolytic CEMEX sells, in Mexico, Type V and home-market sales. Based upon these Manganese Dioxide from Japan; Final Type V LA cement produced at its differences, the Department has Results of Antidumping Duty Campana and Yaqui plants. The facts preliminarily determined that they are Administrative Review, 58 FR 28551, established in the record of this review not representative of CEMEX’s home- 28552 (May 14, 1993). with respect to sales from these plants market sales, i.e., these sales were not In the 1991/1992 administrative are very similar to the facts which led within the ordinary course of trade. review of this order, the Department the Department to determine in the C. Arm’s-Length Sales determined that CEMEX’s home-market 1991/1992, 1994/1995, 1995/1996, and sales of Type II and Type V cement were 1996/1997 reviews that home-market Consistent with 19 CFR 351.403, we outside the ordinary course of trade and, sales of Type V, including Type V LA, excluded sales to affiliated customers in therefore, could not be used in the cement were outside the ordinary the home market which were not made calculation of NV (then referred to as course of trade. The determination at arm’s-length prices from our analysis. ‘‘foreign market value’’). Gray Portland involving the 1991/1992 review, as Because we could not test whether sales Cement and Clinker from Mexico: Final noted above, was affirmed by the Court of Type II cement by CDC were made at Results of Antidumping Duty of International Trade (CIT) in CEMEX arm’s-length prices, we excluded such Administrative Review, 58 FR 47253, v. United States, Slip Op. 95–72 at 14. sales from our analysis. To test whether 27254 (Sept. 8, 1993). In making this Specifically, as in previous reviews, we other sales to affiliated customers were determination, the Department examined shipping distances and costs, made at arm’s length for which we considered, inter alia, shipping sales volume, profit levels, sales history, could test the prices, we compared the distances and costs, sales volume, profit home-market demand and the prices of sales to affiliated and levels, sales history, home-market promotional aspect of sales. We found unaffiliated customers, net of all demand and the promotional aspect of that, while there has been some change movement charges, direct selling sales. See Decision Memorandum to from findings in previous reviews, expenses, discounts, and packing. Joseph A. Spetrini, August 31, 1994, and changes have been relatively minor and Where the price to the affiliated party Memorandum from Holly A. Kuga to do not affect the overall conclusion that was on average 99.5 percent or more of Joseph A. Spetrini, August 31, 1993. sales of Type V and Type V LA cement the price to the unaffiliated parties, we

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Cost of Production For CDC’s sales, we calculated a CEP, it is the level of the constructed The petitioner alleged, on May 11, difference-in-merchandise adjustment sale from the exporter to the importer. 1999, that CEMEX and its affiliate, CDC, using appropriate plant-specific variable To determine whether NV sales are at sold gray portland cement and clinker cost data CDC reported. a different level of trade than EP or CEP, in the home market at prices below their For CEMEX, although the company we examine stages in the marketing cost of production (COP). Based on provided information pertaining to the process and selling functions along the these allegations, the Department cost of production for Type I and Type chain of distribution between the determined, on July 15, 1999, that it had V LA cement, it was unable to segregate producer and the unaffiliated customer. reasonable grounds to believe or suspect specific costs attributable to differences If the comparison-market sales are at a that CEMEX and CDC had sold the in physical characteristics other than different level of trade, and the subject merchandise in the home market costs attributable to the addition of difference affects price comparability, as at prices below the COP. Therefore, kaolin. However, the Department has manifested in a pattern of consistent pursuant to section 773(b)(1) of the Act, determined that the existing data and price differences between the sales on we initiated a COP investigation in product information from previous which NV is based and comparison- order to determine whether CEMEX and reviews, on the record of the instant market sales at the level of trade of the CDC made home-market sales during review, indicate that there are export transaction, we make a level-of- the period of review at below-cost differences in the physical trade adjustment under section prices. See Memorandum from Laurie characteristics of Type I cement and 773(a)(7)(A) of the Act. Finally, for CEP Parkhill to Richard W. Moreland, Gray Type V LA cement. Thus, we conclude sales, if the NV level is more remote Portland Cement and Clinker from that a difference-in-merchandise from the factory than the CEP level and Mexico: Amended Request to Initiate adjustment is appropriate. Section there is no basis for determining Cost Investigation (July 15, 1999). 776(a) of the Act authorizes the whether the difference in the levels Because of time constraints, we could Department to use facts otherwise between NV and CEP affects price not incorporate the collapsed available when necessary information is comparability, we adjust NV under respondent’s cost and constructed value not on the record. Therefore, for sales section 773(a)(7)(B) of the Act (the CEP data into the margin calculation for the made by CEMEX, we preliminarily offset provision). Notice of Final preliminary results of review. However, determine, in accordance with section Determination of Sales at Less Than we will incorporate such data into the 776 of the Act, that the use of partial Fair Value: Certain Cut-to-Length margin calculation for the final results facts available for calculating the Carbon Steel Plate from South Africa, of review. Accordingly, to calculate NV difference-in-merchandise adjustment is 62 FR 61971 (November 19, 1997). for these preliminary results, we used appropriate. We have preliminarily Based on our analysis, we conclude all comparison-market sales to determined that the most appropriate that the respondent’s home-market sales unaffiliated and affiliated customers basis for calculating the difference-in- to various classes of customers which that passed the arm’s-length test and merchandise adjustment is the actual purchase both bulk and bagged cement that were made within the ordinary variable cost differences in producing constituted one level of trade. We based course of trade. Type I cement and Type V LA cement our conclusion on our analysis of its selling functions and their sales E. Adjustments to Normal Value at CEMEX’s Hidalgo plant, which is CEMEX’s only plant that produced both channels. We found that, with some Where appropriate, we adjusted types of cement during the period of minor exceptions, CEMEX and CDC home-market sales of Type I cement for review. Although we have not yet performed the same selling functions to discounts, rebates, packing, handling verified CEMEX’s variable cost varying degrees in similar channels of and interest revenue, and billing information, we intend to verify the cost distribution. We also concluded that the adjustments to the invoice price. In information for the Hidalgo plant and variations in selling functions were not addition, we adjusted the starting price will make any necessary changes based substantial when all selling expenses for inland freight, inland insurance, and on verification prior to the issuance of were considered as a whole. pre-sale warehousing expenses. For the final results of review. A discussion Memorandum to Laurie Parkhill, Level comparisons to EP transactions, we of our preliminary conclusions on of Trade (Level of Trade Memorandum), made adjustments to the home-market differences in merchandise is contained August 30, 1999. starting price for differences in direct in a memorandum in the official file for With respect to U.S. sales, we found selling expenses in the two markets. For this case. Memorandum from Analyst to that CEMEX’s and CDC’s home-market comparisons to CEP sales, we deducted Laurie Parkhill, Gray Portland Cement sales occur at a different and more home-market direct selling expenses and Clinker from Mexico—Difference in advanced stage of distribution than their from the home-market price. We also Merchandise (August 31, 1999). sales to their respective U.S. affiliates. deducted home-market indirect selling We also determined that the data expenses as a CEP-offset adjustment (see F. Level of Trade/CEP Offset available does not permit us to calculate F. Level of Trade/CEP Offset section In accordance with section a level-of-trade adjustment. See the below). In addition, in accordance with 773(a)(1)(B) of the Act, to the extent Level of Trade Memorandum. Therefore, section 773(a)(6) of the Act, we practicable, we determine NV based on in accordance with section 773(a)(7)(B) deducted home-market packing costs sales in the home market at the same of the Act, we granted a CEP offset for and added U.S. packing costs. level of trade as the EP or CEP. The NV the CEP sales made by CEMEX and Section 773(a)(6)(C)(ii) of the Act level of trade is that of the starting-price CDC. CDC also reported that it sold directs us to make an adjustment to NV sales in the home market or, when NV cement to EP customers (end-users) and to account for differences in the is based on constructed value (CV), that listed the selling functions performed physical characteristics of merchandise of sales from which we derive selling, for EP customers. We determined that where similar products are compared. general and administrative (SG&A) CDC’s EP sales are at a different level of Section 351.411(b) of the regulations expenses and profit. For EP, the U.S. trade as compared to CEMEX’s and

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CDC’s home-market sales. However, publication date of the final results of Department of Commerce (‘‘the because there is only one level of trade review, as provided by section 751(a)(1) Department’’) is conducting an in the home market, available data did of the Act: (1) The cash deposit rate for administrative review of the not permit a level-of-trade adjustment. the reviewed company will be the rate antidumping duty order on oil country determined in the final results of tubular goods from Korea. This review Inflation review; (2) for previously reviewed or covers one manufacturer/exporter of the In the previous administrative review investigated companies not mentioned subject merchandise to the United of this proceeding, we found that above, the cash deposit rate will States, SeAH, and the period August 1, Mexico experienced significant inflation continue to be the company-specific rate 1997 through July 31, 1998, which is the and we adjusted our dumping margin published for the most recent period; (3) third period of review (‘‘POR’’). analysis to account for the effects of if the exporter is not a firm covered in We have preliminarily determined high inflation on prices in order to this review, a prior review, or in the that SeAH made sales below normal avoid the distortions caused by such original less-than-fair-value (LTFV) value (‘‘NV’’). If these preliminary inflation. In this review period, we investigation, but the manufacturer is, results are adopted in our final results found that Mexico experienced less than the cash deposit rate will be the rate of these administrative reviews, we will 5 percent inflation during each month of established for the most recent period instruct the U.S. Customs Service to the period of review with an annual for the manufacture of the merchandise; assess antidumping duties based on the inflation rate of less than 16 percent. and (4) the cash deposit rate for all other difference between the constructed Because we did not find these inflation manufacturers or exporters will be 61.85 export price (‘‘CEP’’) and the NV. The rates to be so significant that they cause percent, the all-others rate from the preliminary results are listed below in distortions in our analysis, we have not LTFV investigation. These deposit the section entitled ‘‘Preliminary adjusted our antidumping margin requirements, when imposed, shall Results of Review.’’ analysis to account for inflation during remain in effect until publication of the EFFECTIVE DATE: September 8, 1999. the instant period. final results of the next administrative FOR FURTHER INFORMATION CONTACT: review. Currency Conversion This notice also serves as a Jonathan Lyons or Steve Bezirganian, We made currency conversions in preliminary reminder to importers of Import Administration, International accordance with section 773A of the Act their responsibility under 19 CFR Trade Administration, U.S. Department based on rates certified by the Federal 351.402(f) to file a certificate regarding of Commerce, 14th Street and Reserve Bank in effect on the dates of the reimbursement of antidumping Constitution Avenue, NW., Washington, U.S. sales. duties prior to liquidation of the DC 20230; telephone: (202) 482–0374, or (202) 482–0162, respectively. Preliminary Results of Review relevant entries during this review period. Failure to comply with this SUPPLEMENTARY INFORMATION: As a result of our review, we requirement could result in the The Applicable Statute preliminarily determine the dumping Secretary’s presumption that margin for CEMEX and CDC for the reimbursement of antidumping duties Unless otherwise indicated, all period August 1, 1997, through July 31, occurred and the subsequent assessment citations to the Tariff Act of 1930, as 1998, to be 45.39 percent. of double dumping duties. amended (the Act), are to the provisions The Department will disclose We are issuing and publishing this effective January 1, 1995, the effective calculations performed in connection notice are in accordance with sections date of the amendments made to the Act with these preliminary results to parties 751(a)(1) and 777(i)(1) of the Act. by the Uruguay Round Agreements Act within five days of the date of (URAA). In addition, unless otherwise Dated: August 31, 1999. publication of this notice. Interested indicated, all citations to the parties may request a hearing by Richard W. Moreland, Department’s regulations are to 19 CFR November 1, 1999. The Department will Acting Assistant Secretary for Import part 351 (62 FR 27379, May 19, 1997). notify interested parties of the date of Administration. Background any requested hearing and the briefing [FR Doc. 99–23326 Filed 9–7–99; 8:45 am] schedule. BILLING CODE 3510±DS±P On August 11, 1995, the Department Upon completion of this review, the published in the Federal Register (60 Department shall determine, and the FR 41058) the antidumping duty order Customs Service shall assess, DEPARTMENT OF COMMERCE on oil country tubular goods from Korea. On August 11, 1998, the antidumping duties on all appropriate International Trade Administration entries. The Department will issue Department published in the Federal appropriate appraisement instructions [A±580±825] Register (63 FR 42821) a notice directly to the Customs Service upon indicating an opportunity to request an completion of this review. The final Oil Country Tubular Goods From administrative review of this order for results of this review shall be the basis Korea: Preliminary Results of the period August 1, 1997 through July for the assessment of antidumping Antidumping Duty Administrative 31, 1998. On August 31, 1998, both duties on entries of merchandise Review SeAH and petitioners (Maverick Tube covered by the determination and for AGENCY: Import Administration, Corporation, Lone Star Steel Company, future deposits of estimated duties. We International Trade Administration, and IPSCO Tubulars Inc.) requested an will base the assessment of antidumping U.S. Department of Commerce. administrative review for SeAH entries duties on the per-unit assessment ACTION: Notice of Preliminary Results of during that period. On September 29, amount for subject merchandise. the Antidumping Duty Administrative 1998, in accordance with Section 751 of Furthermore, the following deposit Review of Oil Country Tubular Goods the Act, we published in the Federal requirements will be effective for all From Korea. Register a notice of initiation of an shipments of the subject merchandise administrative review of this order for entered, or withdrawn from warehouse, SUMMARY: In response to a request from the period August 1, 1997 through July for consumption on or after the SeAH Steel Corporation (‘‘SeAH’’), the 31, 1998 (63 FR 51893).

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Under section 751(a)(3)(A) of the Act, 7306.20.20.00, 7306.20.30.00, United States, and if the Department the Department may extend the 7306.20.40.00, 7306.20.60.10, does not determine that the particular deadline for completion of an 7306.20.60.50, 7306.20.80.10, and market situation in that country administrative review if it determines 7306.20.80.50. The HTSUS item prevents proper comparison with the that it is not practicable to complete the numbers are provided for convenience export price or constructed export price. review within the statutory time limit of and Customs purposes. The written The two potential third country markets 365 days. On February 17, 1999, the description remains dispositive of the are Myanmar and Japan. Sales to Department published a notice of scope of this review. Myanmar, on both a value and a volume extension of the time limit for the basis, were several times greater than Transactions Reviewed preliminary results in the review to sales to Japan. See, e.g., Exhibit A–30 of August 13, 1999. See Notice of SeAH produced OCTG in Korea and SeAH’s March 19, 1999, supplemental Extension of Time Limit for shipped it to the United States. Pusan questionnaire response. In the previous Antidumping Duty Administrative Pipe America, Inc. (‘‘PPA’’), an affiliate administrative review the Department Review of Oil Country Tubular Goods of SeAH, was the importer of record for found the Myanmar sales to be from Korea, 64 FR 7855. On July 20, all U.S. sales. All of SeAH’s U.S. sales representative, and found no reason to 1999, the Department published a notice are classified as CEP sales (see ‘‘United determine that the market situation in of extension of the time limit for the States Price’’ section below). The Myanmar would somehow prevent preliminary results in the review to Department’s questionnaire instructed proper comparison between normal August 31, 1999. See Notice of the respondent to report CEP sales made value and export price or constructed Extension of Time Limit for after importation if the dates of sale fell export price. See Oil Country Tubular Antidumping Duty Administrative in the period of review (see page C–1 of Goods From Korea: Preliminary Results Review of Oil Country Tubular Goods the Department’s September 29, 1998 of Antidumping Duty Administrative from Korea, 64 FR 38890. Questionnaire). Therefore, as it did in Review, 63 FR 47469, 47470 (September The Department is conducting this the 1996–1997 POR, the Department 8, 1998), unchanged at Oil Country review in accordance with section again reviewed U.S. sales in the POR if Tubular Goods from Korea: Final 751(a) of the Act. those sales involved subject Results of Antidumping Duty merchandise that had entered the Scope of Review Administrative Review, 64 FR 13169 United States and been placed in the (March 17, 1999). Likewise, in this The products covered by this order physical inventory of SeAH’s U.S. administrative review we found are oil country tubular goods (‘‘OCTG’’), affiliates. The questionnaire also Myanmar to be an appropriate hollow steel products of circular cross- instructed the respondent to report CEP comparison market. We utilized section, including only oil well casing sales made prior to importation if the Myanmar sales in our analysis of and tubing, of iron (other than cast iron) entry dates fell in the period of review. petitioners’ allegation regarding sales or steel (both carbon and alloy), whether Consequently, we have limited our U.S. below cost (see ‘‘Normal Value’’ section seamless or welded, whether or not database to these transactions. For the below), and have used SeAH’s sales to conforming to American Petroleum few CEP sales made through PPA but that market as the basis for normal Institute (‘‘API’’) or non-API shipped directly from Korea to the value. specifications, whether finished or unaffiliated U.S. customers, we unfinished (including green tubes and reviewed U.S. entries in the POR. Product Comparisons limited service OCTG products). This In accordance with section 771(16) of Comparison Market scope does not cover casing or tubing the Act, we considered all products pipe containing 10.5 percent or more of The Department determines the produced by the respondent, covered by chromium, or drill pipe. The products viability of a comparison market by the description in the Scope of the subject to this order are currently comparing the aggregate quantity of Review section, above, and sold in the classified in the Harmonized Tariff comparison market sales to U.S. sales. comparison market during the period of Schedule of the United States An exporting country is not considered review (POR), to be foreign like (‘‘HTSUS’’) under item numbers: a viable comparison market if the products for purposes of determining 7304.29.10.10, 7304.29.10.20, aggregate quantity of sales of subject appropriate product comparisons to 7304.29.10.30, 7304.29.10.40, merchandise within it amounts to less U.S. sales. Where there were no 7304.29.10.50, 7304.29.10.60, than five percent of the quantity of sales contemporaneous sales of identical 7304.29.10.80, 7304.29.20.10, of subject merchandise into the United merchandise in the comparison market 7304.29.20.20, 7304.29.20.30, States during the POR. Section to compare to U.S. sales, we compared 7304.29.20.40, 7304.29.20.50, 773(a)(1)(B) of the Act; 19 CFR 351.404. U.S. sales to the most similar foreign 7304.29.20.60, 7304.29.20.80, We found Korea was not a viable like product on the basis of the 7304.29.30.10, 7304.29.30.20, comparison market because the characteristics listed in Appendix V of 7304.29.30.30, 7304.29.30.40, aggregate quantity of SeAH’s sales of the Department’s September 29, 1998 7304.29.30.50, 7304.29.30.60, subject merchandise within Korea antidumping questionnaire. 7304.29.30.80, 7304.29.40.10, during the POR amounted to less than 7304.29.40.20, 7304.29.40.30, five percent of the quantity of sales of Normal Value Comparisons 7304.29.40.40, 7304.29.40.50, subject merchandise to the United To determine whether sales of subject 7304.29.40.60, 7304.29.40.80, States during the POR. merchandise to the United States were 7304.29.50.15, 7304.29.50.30, According to section 773(a)(1)(B)(ii) of made at less than normal value, we 7304.29.50.45, 7304.29.50.60, the Act, the price of sales to a third compared the Constructed Export Price 7304.29.50.75, 7304.29.60.15, country can be used as the basis for (CEP) to the NV, as described in the 7304.29.60.30, 7304.29.60.45, normal value only if such price is ‘‘United States Price’’ and ‘‘Normal 7304.29.60.60, 7304.29.60.75, representative, if the aggregate quantity Value’’ sections of this notice. In 7305.20.20.00, 7305.20.40.00, (or, where appropriate, value) of sales to accordance with section 777A(d)(2) of 7305.20.60.00, 7305.20.80.00, that country is at least 5 percent of the the Act, we calculated monthly 7306.20.10.30, 7306.20.10.90, quantity (or value) of total sales to the weighted-average prices for NV and

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.214 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48785 compared these to individual U.S. payment discounts and other discounts. comparisons to U.S. sales. Where there transaction prices. In accordance with section 772(c)(2) of were no sales of identical merchandise the Act, we made deductions for in the comparison market made in the United States Price movement expenses, including foreign ordinary course of trade to compare to Typical sales proceeded as follows: inland freight, ocean freight, marine U.S. sales, we compared U.S. sales to after importation of the subject insurance, foreign and U.S. brokerage sales of the most similar foreign like merchandise, PPA maintained the and handling, U.S. inland freight, and product made in the ordinary course of merchandise in inventory. PPA sold U.S. customs duties. In accordance with trade, based on the characteristics listed OCTG to the Panther division of State, section 772(d)(1) of the Act, we also in Sections B and C of our antidumping a firm that is jointly owned by SeAH deducted credit expenses, warranty questionnaire. This methodology is and PPA. State, in turn, sold OCTG to expenses, warehousing expenses, other pursuant to the ruling of the Court of unaffiliated U.S. customers, typically direct selling expenses (inspection Appeals for the Federal Circuit in after further manufacturing was expenses), and indirect selling CEMEX vs. United States, 133 F.3d 897 performed by unaffiliated processors. expenses, including inventory carrying (Fed Cir. 1998). Finally, State invoiced the unaffiliated costs. In accordance with section customers and received payment. For a 772(c)(1)(B) of the Act, we added duty B. Cost of Production and Constructed few sales, involving back-to-back sales drawback to the starting price. In Value by SeAH through PPA, SeAH produced accordance with section 772(d)(2) of the 1. Cost of Production subject merchandise to order and Act, we deducted the cost of further On December 21, 1998, petitioners shipped the merchandise to the U.S. manufacturing where such deduction customer, with PPA fulfilling a number alleged that SeAH made comparison was appropriate. This deduction for market sales of OCTG at prices below intermediary functions as discussed further manufacturing was based on the below. the cost of production (‘‘COP’’) during fees charged by the unaffiliated U.S. the POR. After analyzing petitioners’ In accordance with section 772(b) of processors; SeAH indicated that the the Act, we used CEP for calculation of allegation, on February 4, 1999, the reported further processors’ charges Department initiated a COP price to the United States because either included processing and repacking, and the first sales to unaffiliated customers investigation of SeAH (see Analysis of that it did not include separate G&A or Petitioners’ Allegation of Sales Below in the United States were made after interest expense information related to importation of the subject merchandise the Cost of Production Memorandum this further processing because all of the (February 4, 1999); a public version of or, in the remaining instances, the U.S. expenses incurred by State and PPA, affiliate, PPA, performed functions this report is on file in the Central including the minimal G&A and interest beyond what would be considered Record Unit, Room B–099, Department expense associated with their dealings ancillary. For back-to-back sales, of Commerce). Using sales and COP with further processors, were reported respondent confirmed that PPA information provided by the as selling expenses. Finally, we performed a number of functions, respondent, we compared sales of the deducted an amount of profit allocated including occasional negotiations with foreign like product in the comparison to these expenses, when incurred in unaffiliated customers, forwarding market with the model-specific COP connection with economic activity in orders and order changes (at times) from figure for the POR. In accordance with the United States, in accordance with unaffiliated U.S. customers to SeAH for section 773(b)(3) of the Act, we section 772(d)(3) of the Act. acceptance, acting as the importer of calculated the COP based on the sum of record, provision of marine insurance, Normal Value the costs of materials and fabrication clearing subject merchandise through employed in producing the foreign like A. Model Match U.S. customs, occasional handling of product, plus selling, general and freight from the U.S. point of entry, In accordance with recent practice, administrative (SG&A) expenses, preparing and issuing invoices to we matched a given U.S. sale to including all costs and expenses unaffiliated customers, receipt of comparison market sales of the next incidental to placing the foreign like payments from unaffiliated customers, most similar model if all product in condition packed and ready and providing customer service when contemporaneous sales of the most for shipment. necessary. Finally, respondent reported comparable model were below cost and The API Specification 5CT, to which that SeAH has no direct contact with discarded from our analysis. See Oil SeAH states it makes its OCTG, requires unaffiliated U.S. customers. As noted on Country Tubular Goods From Korea: that a carload lot (considered to be a page 2 of SeAH’s supplemental Preliminary Results of Antidumping minimum of 40,000 pounds, or 18.14 questionnaire response dated March 19, Duty Administrative Review, 63 FR metric tons) meet a negative weight 1999, the respondent agreed to 47469, 47471 (September 8, 1998), tolerance of 1.75% (i.e., the actual characterize these ‘‘back-to-back’’ sales unchanged at Oil Country Tubular weight of the carload lot can be no less as CEP sales, in part because such Goods from Korea: Final Results of than 100% minus 1.75%, or 98.25%, of characterization was consistent with the Antidumping Duty Administrative the theoretical weight of the carload, the Department’s recent decision involving Review, 64 FR 13169 (March 17, 1999). latter being the weight basis for SeAH’s respondents with similar sales processes The Department uses CV as the basis for sales). The weight tolerance for single (see Certain Cold-Rolled and Corrosion- NV only when there are no sales that are lengths of pipe are plus 6.5% and minus Resistant Carbon Steel Flat Products suitable for comparison. Therefore, in 3.5% (i.e., the actual weight of any given from Korea: Final Results of this proceeding, in making comparisons pipe must be between 96.5% and Antidumping Duty Administrative in accordance with section 771(16) of 106.5% of the theoretical weight). SeAH Reviews, 64 FR 12927, 12937–38 (March the Act, we considered all products has reported weight conversion factors 16, 1999)). described in the ‘‘Scope of Review’’ that indicate actual weight was less than The starting point for the calculation section of this notice, above, sold in the 96.5% of theoretical weight, outside of of CEP was the delivered price to comparison market in the ordinary its own interpretation of the unaffiliated customers in the United course of trade for purposes of specification’s weight tolerance. Weight States. We made adjustments for early determining appropriate product conversion factors are needed to convert

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SeAH’s production costs, which for Korea: Final Results of Antidumping C. Price-to-Price Comparison most OCTG products are maintained on Duty Administrative Review, 64 FR Where appropriate, for comparison to an actual weight basis, to a theoretical 13169 (March 17, 1999). CEP, we made adjustments to NV by weight basis, so that the cost and sales After calculating COP, we tested deducting Korean inland freight, data are on a comparable weight basis. whether comparison market sales of the brokerage and handling, and packing, in See Circular Welded Non-Alloy Steel foreign like product were made at prices accordance with section 773(a)(6)(B) of Pipe From the Republic of Korea; Final below COP and, if so, whether the the Act and direct selling expenses Results of Antidumping Duty (credit expenses), in accordance with Administrative Review, 63 FR 32833, below-cost sales were made within an extended period of time in substantial section 773(a)(6)(C)(iii) of the Act. We 32836–37 (June 16, 1998). also made adjustments for differences in In the prior review, we found that the quantities and at prices that did not costs attributable to differences in minus 1.75% weight tolerance for permit recovery of all costs within a physical characteristics of merchandise, carload lots applies for all OCTG reasonable period of time. Because each pursuant to section 773(a)(6)(C)(ii) of produced to that specification, not individual price was compared to the simply to OCTG with an outside POR average COP, any sales that were the Act. In accordance with section diameter of less than 1.660 inches. See below cost were also determined not to 773(a)(1)(B) of the Act, to the extent Oil Country Tubular Goods From Korea: be at prices which permitted cost practicable, we determine NV based on Preliminary Results of Antidumping recovery within a reasonable period of sales in the comparison market at the Duty Administrative Review, 63 FR time. We compared model-specific 47469, 47470 (September 8, 1998), COPs to the reported comparison market same level of trade (‘‘LOT’’) of the U.S. unchanged in final. See Notice of Final prices less any applicable movement sales. The NV LOT is that of the starting-price sales in the comparison Results of Antidumping Duty charges, discounts, and rebates. market or, when NV is based on CV, that Administrative Review of Oil Country Pursuant to section 773(b)(2)(C) of the Tubular Goods From Korea, 64 FR of the sales from which we derive SG&A Act, where less than 20 percent of a expenses and profit. For both EP and 13169 (March 17, 1999). The respondent’s sales of a given model specification states that ‘‘{a}ll CEP, the relevant transaction for the were at prices less than COP, we did not dimensions shown herein without level of trade analysis is the sale (or disregard any below-cost sales of that tolerances are related to the basis for constructed sale) from the exporter to model because the below-cost sales design and are not subject to the importer. measurement to determine acceptance were not made in substantial quantities To determine whether comparison or rejection of the product,’’ and that within an extended period of time. market NV sales are at a different LOT ‘‘{e}xceptions are Grades C90, T95, and Where 20 percent or more of a than EP or CEP, we examine stages in Q125, which may be furnished in other respondent’s sales of a given model the marketing process and selling sizes, weights, and wall thicknesses as during the POR were at prices less than functions along the chain of distribution agreed between the purchaser and the the weighted-average COPs for the POR, between the producer and unaffiliated manufacturer’’ (see API Specification we disregarded the below-cost sales customer. If the comparison-market 5CT at section 7.1, in Exhibit A–14 of because they were made within an sales are at a different level of trade and SeAH’s November 2, 1998, submission). extended period of time in substantial the difference affects price The carload lot weight is a dimension quantities in accordance with sections comparability, as manifested in a (weight) with a tolerance (minus 773(b)(2) (B) and (C) of the Act, and pattern of consistent price differences 1.75%), and none of SeAH’s Myanmar were at prices which would not permit between the sales on which NV is based or U.S. sales were of Grades C90, T95, recovery of all costs within a reasonable and comparison-market sales at the or Q125. period of time in accordance with level of trade of the export transaction, Nevertheless, it does not appear that section 773(b)(2)(D) of the Act. we make a level-of-trade adjustment the API carload lot weight tolerance of under section 773(a)(7)(A) of the Act. 1.75% would apply to merchandise 2. Constructed Value Finally, if the NV level is more remote from the factory than the CEP level and being transported by ship, which is the In accordance with section 773(a)(4) case for SeAH’s Myanmar sales and for there is no basis for determining of the Act, we used constructed value whether the difference in the levels its sales to PPA. Rather, the 3.5% weight (‘‘CV’’) as the basis for NV when there tolerance indicated by the specification between NV and CEP affects price were no usable contemporaneous sales would apply. Therefore, as we have comparability, we adjust NV under of such or similar merchandise in the determined in the prior review, there is section 773(a)(7)(B) of the Act (the CEP- comparison market. We calculated CV no clear reason why the actual weight offset provision). See Notice of Final should be less than 96.5% of the in accordance with section 773(e) of the Determination of Sales at Less Than theoretical weight if all of SeAH’s OCTG Act. We included SeAH’s cost of Fair Value: Certain Cut-to-Length is produced to the specification. materials and fabrication (including Carbon Steel Plate from South Africa, Consequently, for our preliminary packing), SG&A expenses, and profit. 62 FR 61731, 61732 (November 17, results we have used a conversion factor See section 773(e)(2)(A) of the Act. We 1997). based on this assumption to calculate applied the same conversion factor The record does not indicate more costs (except for products for which methodology as noted in the COP than a minimal involvement by SeAH in costs were maintained on a theoretical section above. In accordance with either the marketing process or the weight basis, which require no weight section 773(e)(2)(A) of the Act, we based selling functions associated with its conversion), consistent with the last SG&A expenses and profit on the Myanmar and U.S. sales. There does not administrative review. See Oil Country amounts incurred and realized by the appear to be any substantive difference Tubular Goods From Korea: Preliminary respondent in connection with the between the functions performed by Results of Antidumping Duty production and sale of the foreign like SeAH with respect to the sales to the Administrative Review, 63 FR 47469, product in the ordinary course of trade Korean trading company which are 47472 (September 8, 1998), unchanged for consumption in the comparison destined for Myanmar and the functions at Oil Country Tubular Goods from market. performed by SeAH with respect to its

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.216 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48787 sales made to PPA, the affiliated U.S. exchange rate during the previous eight as the benchmark rate a (stationary) importer of record. In both instances, years. average of the daily rates over this SeAH made sales to resellers that in Had the won rebounded quickly period. In this manner, we used an ‘‘up- turn sold to end-users, and the record enough to recover all or almost all of the to-date’’ (post-precipitous drop) does not indicate any more than the initial loss, the Department might have benchmark, but at the same time most minimal interaction of SeAH with been inclined to view the won’s decline avoided undue day-to-day fluctuations those resellers (the unaffiliated Korean at the end of 1997 as nothing more than in the exchange rates used. See: Notice trading company for Myanmar sales and a sudden, but only momentary, drop, of Final Determination of Sales at Less PPA for U.S. sales) with respect to the despite the magnitude of that drop. As Than Fair Value: Emulsion Styrene- sales process. Additionally, SeAH did it was, however, there was no Butadiene Rubber from the Republic of not claim a LOT adjustment or a CEP significant rebound. Therefore, we have Korea, 64 FR 14865, 14868 (March 29, offset in this POR. Consequently, we preliminarily determined that the 1999) and Notice of Preliminary Results have preliminarily determined that the decline in the won at the end of 1997 and Partial Rescission of Antidumping was so precipitous and large that the sales in both markets are at the same Duty Administrative Review: Steel Wire dollar-won exchange rate cannot LOT. Therefore, neither a CEP offset nor Rope from Korea, 63 FR 67662, 67665 reasonably be viewed as having simply (December 8, 1998), unchanged at Steel a LOT adjustment is warranted. fluctuated during this time, i.e., as Wire Rope from Korea; Final Results of Currency Conversion having experienced only a momentary Antidumping Duty Administrative drop in value. Therefore, in making this Review and Partial Rescission of Our preliminary analysis of Federal preliminary determination, the Antidumping Administrative Review 64 Reserve dollar-won exchange rate data Department used daily rates exclusively FR 17995 (April 13, 1999). shows that the won declined rapidly at for currency conversion purposes for the end of 1997, losing over 40% of its comparisons to U.S. sales occurring Preliminary Results of Reviews value between the beginning of between November 1 and December 31, As a result of our review, we November and the end of December. 1997. For sales occurring after December preliminarily determine the weighted- The decline was, in both speed and 31, but before March 1, 1998, the average dumping margin for the period magnitude, many times more severe Department continued to rely on the August 1, 1997 through July 31, 1998 to than any change in the dollar-won standard exchange rate model, but used be as follows:

Margin Manufacturer/Exporter Time period (percent)

SeAH 09/01/97±08/31/98 15.03

Pursuant to 19 CFR 351.224(b), the The Department will issue the final percent); (2) for exporters not covered in Department will disclose to parties to results of this administrative review, this review, but covered in the LTFV the proceeding any calculations including its analysis of issues raised in investigation or previous review, the performed in connection with these any case or rebuttal brief or at a hearing, cash deposit rate will continue to be the preliminary results within five days not later than 120 days after the date of company-specific rate published for the after the publication of this notice. publication of this notice. most recent period; (3) if the exporter is Pursuant to 19 CFR 351.309, interested The Department shall determine, and not a firm covered in this review, a parties may submit written comments in the U.S. Customs Service shall assess, previous review, or the original LTFV antidumping duties on all appropriate response to these preliminary results. investigation, but the manufacturer is, entries. In accordance with 19 CFR Case briefs must be submitted within 30 the cash deposit rate will be the rate days after the date of publication of this 351.212(b), we have calculated exporter/ importer-specific assessment rates. We established for the most recent period notice, and rebuttal briefs, limited to for the manufacturer of the arguments raised in case briefs, must be divided the total dumping margins for the reviewed sales by the total entered merchandise; (4) the cash deposit rate submitted no later than five days after value of those reviewed sales for each for all other manufacturers or exporters the time limit for filing case briefs. importer. We will direct the U.S. will continue to be the ‘‘all others’’ rate Parties who submit argument in this Customs Service to assess the resulting established in the LTFV investigation, proceeding are requested to submit with percentage margin against the entered which was 12.17 percent. These the argument: (1) A statement of the customs values for the subject requirements, when imposed, shall issue, and (2) a brief summary of the merchandise on each of that importer’s remain in effect until publication of the argument. Case and rebuttal briefs must entries under the relevant order during final results of the next administrative be served on interested parties in the review period. review. accordance with 19 CFR 351.303(f). Furthermore, the following deposit This notice serves as a preliminary Also, pursuant to 19 CFR 351.310, requirements will be effective for all reminder to importers of their within 30 days of the date of publication shipments of the subject merchandise of this notice, interested parties may entered, or withdrawn from warehouse, responsibility under 19 CFR 351.402(f) request a public hearing on arguments for consumption on or after the to file a certificate regarding the to be raised in the case and rebuttal publication date, as provided by section reimbursement of antidumping duties briefs. Unless the Secretary specifies 751(a) of the Act: (1) The cash deposit prior to liquidation of the relevant otherwise, the hearing, if requested, will rate for each reviewed company will be entries during this review period. be held two days after the deadline for that established in the final results of Failure to comply with this requirement submission of rebuttal briefs, that is, 37 review (except that no deposit will be could result in the Secretary’s days after the date of publication of required for firms with de minimis presumption that reimbursement of these preliminary results. margins, i.e., margins less than 0.5 antidumping duties occurred and the

VerDate 18-JUN-99 16:24 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 48788 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices subsequent assessment of double Checchia or Sean Carey, Import refined (or purified) sulfanilic acid and antidumping duties. Administration, International Trade sodium salt of sulfanilic acid. This administrative review and notice Administration, U.S. Department of Sulfanilic acid is a synthetic organic are issued in accordance with sections Commerce, 14th Street and Constitution chemical produced from the direct 751(a)(1) and 777(i)(1) of the Act. Avenue N.W., Washington, DC 20230 at sulfonation of aniline with sulfuric acid. Richard W. Moreland, (202) 482–4243, (202) 482–6412, or Sulfanilic acid is used as a raw material Acting Assistant Secretary for Import (202) 482–3964, respectively. in the production of optical brighteners, Administration. SUPPLEMENTARY INFORMATION: food colors, specialty dyes, and concrete [FR Doc. 99–23322 Filed 9–7–99; 8:45 am] additives. The principal differences Applicable Statute and Regulations between the grades are the undesirable BILLING CODE 3510±DS±P Unless otherwise indicated, all quantities of residual aniline and alkali citations to the statute are references to insoluble materials present in the DEPARTMENT OF COMMERCE the provisions effective January 1, 1995, sulfanilic acid. All grades are available the effective date of the amendments as dry, free flowing powders. Technical sulfanilic acid, classifiable International Trade Administration made to the Tariff Act of 1930 (the Act) under the subheading 2921.42.24 of the by the Uruguay Round Agreements Act [A±570±815] Harmonized Tariff Schedule (HTS), (URAA). In addition, unless otherwise contains 96 percent minimum sulfanilic Sulfanilic Acid From the People's indicated, all citations to the acid, 1.0 percent maximum aniline, and Republic of China; Preliminary Results Department’s regulations are to the 1.0 percent maximum alkali insoluble of Antidumping Duty Administrative regulations codified at 19 CFR Part 351 materials. Refined sulfanilic acid, also Review (1998). classifiable under the subheading AGENCY: Import Administration, Background 2921.42.24 of the HTS, contains 98 percent minimum sulfanilic acid, 0.5 International Trade Administration, On August 11, 1998, the Department percent maximum aniline and 0.25 Department of Commerce. published in the Federal Register (63 percent maximum alkali insoluble ACTION: Notice of preliminary results of FR 42821) a notice of ‘‘Opportunity to materials. antidumping duty administrative Request Administrative Review’’ for the review. Sodium salt (sodium sulfanilate), August 1, 1997, through July 31, 1998, classifiable under the HTS subheading period of review (POR) of the SUMMARY: The Department of Commerce 2921.42.79, is a powder, granular or antidumping duty order on Sulfanilic crystalline material which contains 75 (‘‘the Department’’) is conducting an Acid from the People’s Republic of administrative review of the percent minimum equivalent sulfanilic China, 57 FR 37524 (August 19, 1992). acid, 0.5 percent maximum aniline antidumping duty order on sulfanilic In accordance with 19 CFR 351.213, acid from the People’s Republic of based on the equivalent sulfanilic acid Zhenxing, Yude, PHT International, Inc. content, and 0.25 percent maximum China. The review covers exports of this (‘‘PHT’’), and the petitioners, Nation merchandise to the United States for the alkali insoluble materials based on the Ford Chemical Company, requested a equivalent sulfanilic acid content. period August 1, 1997, through July 31, review for the aforementioned period. 1998, and thirteen firms: China National Although the HTS subheadings are On September 29, 1998, we published a provided for convenience and customs Chemical Import and Export notice of ‘‘Initiation of Antidumping Corporation, Hebei Branch (Sinochem purposes, our written description of the Review.’’ See 63 FR 51893. The scope of this proceeding is dispositive. Hebei); China National Chemical Department is now conducting this Construction Corporation, Beijing administrative review pursuant to Period of Review Branch; China National Chemical section 751(a) of the Act. On October 29, Construction Corporation, Qingdao The review period is August 1, 1997 1998, Zhenxing and Yude, two through July 31, 1998. Branch; Sinochem Qingdao; Sinochem companies which are described as joint Shandong; Baoding No. 3 Chemical ventures between Chinese companies— Verification Factory; Jinxing Chemical Factory; namely, Mancheng and Xinyu, Due to administrative constraints, Zhenxing Chemical Factory; Mancheng respectively—and a U.S.-based verification prior to the issuance of this Zinyu Chemical Factory, Shijiazhuang; company named PHT, reported that notice of preliminary results was not Mancheng Xinyu Chemical Factory, they each had made sales of subject conducted. Section 351.307 of the Bejing; Hainan Garden Trading merchandise to the United States during Department’s regulations stipulate that Company; Yude Chemical Company; the POR in their responses to Section A the Department must verify prior to and Shunping Lile. The preliminary (Organization, Accounting Practices, issuing final results in an administrative results of this review indicate that there Markets and Merchandise) of the review if (1) a domestic interested party, were dumping margins for the two Department’s questionnaire. Zhenxing not later than 100 days after the date of responding parties: Yude Chemical and Yude submitted responses to publication of the notice of initiation of Company/Xinyu Chemical Factory Sections C and D (Sales to the United review, submits a written request for (‘‘Yude/Xinyu’’) and Zhenxing States and Factors of Production, verification; and (2) no verification Chemical Factory/Mancheng Zhenxing respectively) on November 25, 1998. during either of the two immediately Chemical Factory (‘‘Zhenxing/ Responses to two supplemental preceding administrative reviews was Mancheng’’) as well as for the ‘‘PRC questionnaires by Zhenxing and Yude conducted. In this review, no such enterprise.’’ The rates assigned to each were received on January 25, 1999, and written request from a domestic company are listed below in the July 23, 1999. interested party was received and ‘‘Preliminary Results of the Review’’ verification was conducted during the Scope of Review section of this notice. immediately preceding 1996–1997 EFFECTIVE DATE: September 8, 1999. Imports covered by this review are all administrative review. However, for FOR FURTHER INFORMATION CONTACT: grades of sulfanilic acid, which include reasons stated below, the Department Nithya Nagarajan, Linda Smiroldo technical (or crude) sulfanilic acid, intends to conduct verification prior to

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This is due to supplemental questionnaire responses Yude/Xinyu and Zhenxing/Mancheng the fact that specific issues pertaining to of July 23, 1999, the Department are affiliated parties; Yude/Xinyu and Xinyu and Mancheng did not surface preliminarily determines that the Yude PHT are affiliated parties; Zhenxing/ until the review of the Yude and and Xinyu firms constitute a single Mancheng and PHT are affiliated Zhenxing supplemental questionnaire entity, and that the Zhenxing and parties; substantial retooling would not responses of July 23, 1999. Accordingly, Mancheng firms constitute a single be necessary to restructure the record evidence on which to entity. Record evidence shows that each manufacturing priorities; and, there is conduct a separate rates analysis for producer pair did not maintain separate significant potential for manipulating purposes of these preliminary results facilities for manufacturing subject price and production between the may be incomplete. We have found that merchandise, that each producer pair producers and the exporter. As a result the evidence on the record affirmatively shares common majority ownership and we are collapsing Yude/Xinyu; demonstrates an absence of direct that each producer pair shares common Zhenxing/Mancheng; and PHT for government control, both in law and in officers. See Collapsing Decision purposes of conducting the 1997/1998 fact, with respect to Yude’s and Memorandum for Joseph A. Spetrini, administrative review. Zhenxing’s exports according to the Deputy Assistant Secretary for AD/CVD criteria identified in Sparklers and Enforcement Group III from Barbara Separate Rates Silicon Carbide for this period of Tillman, Director, Office of AD/CVD review, and have assigned to these It is the Department’s standard policy Enforcement VII, dated August 31, 1999. companies a rate separate from the to assign all exporters of the A public version of this memorandum is China-wide rate (‘‘PRC rate’’). Even merchandise subject to review in non- on file in the Central Records Unit though Yude failed to affirmatively market economy countries a single rate, (room B–099 of the Main Commerce demonstrate, in fact, that it exercised unless an exporter can affirmatively Building) (CRU). independent decision-making authority demonstrate an absence of government Collapsing regarding disposition of profits and control, both in law (de jure) and in fact financing of losses during the POR, the We have determined, after examining (de facto), with respect to exports. See overall balance of evidence affirmatively the relevant criteria, that Yude/Xinyu Mitsubishi Heavy Industries, Ltd., v. l l demonstrates an absence of government and Zhenxing/Mancheng are affiliated U.S., CIT , Slip Op. 99–46 (May 26, control. Together with Zhenxing, it will parties within the meaning of section 1999). To establish whether a company be granted a rate separate from all the 771(33)(F). We have further determined is sufficiently independent to be others, ‘‘PRC rate.’’ that PHT (the U.S. reseller of sulfanilic entitled to a separate, company-specific As discussed above, because issues acid) is also affiliated with these rate, the Department analyzes each pertaining to Xinyu and Mancheng did producers/exporters and that these exporting entity in a non-market not arise until late in the review companies should be treated as a single economy (‘‘NME’’) country under the process, we intend to examine further entity (i.e., ‘‘collapsed’’) for purposes of test established in the Final the issue of separate rates. We will calculating and assigning an Determination of Sales at Less Than request additional information prior to antidumping margin in this review. Fair Value: Sparklers from the People’s verification. Accordingly, even though Section 351.401(f) of the Department’s Republic of China, 56 FR 20588 (May 6, for these preliminary results we are antidumping regulations provides that 1991) (Sparklers), as amplified by the assigning a separate rate to Mancheng/ the Department ‘‘will treat two or more Final Determination of Sales at Less Zhenxing and Xinyu/Yude, this affiliated producers as a single entity Than Fair Value: Silicon Carbide from preliminary separate rates where those producers have production the People’s Republic of China, 59 FR determination is subject to the receipt facilities for similar or identical 22585 (May 2, 1994) (Silicon Carbide). and verification of further information. products that would not require Evidence supporting, though not Before the issuance of the final results substantial retooling of either facility in requiring, a finding of de jure absence in this administrative review, we will be order to restructure manufacturing of government control includes: (1) An re-assessing whether separate rates are priorities and the Secretary concludes absence of restrictive stipulations justified. that there is a significant potential for associated with an individual exporter’s For further discussion of the the manipulation of price or business and export licenses; (2) any Department’s preliminary determination production.’’ See 19 CFR 351.401(f). In legislative enactments decentralizing regarding the issuance of separate rates, identifying the potential for control of companies; or (3) any other see Separate Rates Decision manipulation of price or production, formal measures by the government Memorandum for Barbara Tillman, section 351.401(f)(2) provides, inter alia, decentralizing control of companies. De Director, Office of AD/CVD Enforcement that the Department may consider the facto absence of government control VII, dated August 31, 1999. A public following factors: level of common with respect to exports is based on four version memorandum is on file in the ownership; the extent to which criteria: (1) Whether the export prices Central Records Unit (room B–099 of the managerial employees or board are set by or subject to the approval of Main Commerce Building) (CRU); see members of one firm sit on the board of a government authority; (2) whether also ‘‘Collapsing’’ section of this notice. directors of an affiliated firm; and each exporter retains the proceeds from whether operations are intertwined, its sales and makes independent Use of Facts Otherwise Available such as through the sharing of facilities decisions regarding the disposition of All firms that have not affirmatively or employees, or significant transactions profits and financing of losses; (3) demonstrated that they qualify for a between the affiliated parties. A full whether each exporter has autonomy in separate rate are presumed to be part of discussion of our conclusions, requiring making decisions regarding the a single enterprise under the common reference to proprietary information, is selection of management; and (4) control of the government (the ‘‘PRC

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.142 pfrm04 PsN: 08SEN1 48790 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices enterprise’’). See Sigma Corp. v. U.S., Industry Company; Mancheng Zinyu is considered secondary information. 117 F.3d 1401 (Fed. Cir. 1997). Chemical Factory, Shijiazhuang; See SAA at 870; 19 CFR 351.308(c)(1). Therefore, all such entities receive a Mancheng Xinyu Chemical Factory, In accordance with the law, the single margin, the ‘‘PRC rate.’’ We Beijing; Hainan Garden Trading Department, to the extent practicable, preliminarily determine, in accordance Company; Yude Chemical Industry will examine the reliability and with section 776(a) of the Act, that Company; and Shunping Lile. The relevance of the information used. resorting to the facts otherwise available Department received responses from However, in an administrative review is appropriate in arriving at the PRC rate only two companies: Yude and the Department will not engage in because companies, presumed to be part Zhenxing. Yude and Zhenxing updating the petition to reflect the of the PRC enterprise, did not respond responded to Section A (Organization, prices and costs that are found during to the Department’s antidumping Accounting Practices, Markets and the current review. Rather, questionnaire. Merchandise) of the Department’s corroboration consists of determining Where the Department must resort to questionnaire on October 29, 1998. that the significant elements used to the facts otherwise available because a Yude and Zhenxing submitted derive a margin in a petition are reliable respondent fails to cooperate by not responses to Sections C and D (Sales to for the conditions upon which the acting to the best of its ability to comply the United States and Factors of petition is based. With respect to the with a request for information, section Production, respectively) of the relevance aspect of corroboration, the 776(b) of the Act authorizes the Department’s questionnaire on Department will consider the Department to use an inference adverse November 25, 1998. Responses to two information reasonably at its disposal as to the interests of that respondent in supplemental questionnaires by Yude to whether there are circumstances that choosing from the facts available. and Zhenxing were received on January would render a margin not relevant. Section 776(b) also authorizes the 25, 1999, and July 23, 1999. The To corroborate the LTFV rate of 85.2 Department to use, as adverse facts Department did not receive any percent, we examined the basis of the available, information derived from the responses from any other firms. Such rates contained in the petition of petition, the final determination, a non-response supports the Department’s October 8, 1991. The U.S. price in the previous administrative review, or other preliminary determination to apply petition was based on actual prices from information placed on the record. The adverse facts available. customer purchase orders, invoices and Statement of Administrative Action As noted above, some of the price quotations for refined sulfanilic (‘‘SAA’’) accompanying the URAA companies which were issued acid from the PRC. This U.S. price clarifies that information from the questionnaires in this review did not covers delivery to the customer’s point petition and prior segments of the respond. Therefore, we find that the of usage. We were able to corroborate proceeding is ‘‘secondary information.’’ PRC-wide entity failed to cooperate by the average unit values listed in the See H.Doc. 3216, 103rd Cong. 2d Sess. not acting to the best of its ability to petition by comparing those values to 870 (1996). If the Department relies on comply with the Department’s requests publicly available information compiled secondary information as facts available, for information. Consequently, we have section 776(c) provides that the by the U.S. Census Bureau and made preliminarily decided to use adverse Department shall, to the extent available by the International Trade facts available with respect to the PRC- practicable, corroborate such Commission (ITC). The ITC reports wide entity in accordance with section information using independent sources quantity and value by HTS numbers. 776(b) of the Act. reasonably at its disposal. The SAA Using the same HTS numbers as listed further provides that ‘‘corroborate’’ When making adverse inferences, the in the petition (HTS 2921.42.24, means simply that the Department will Statement of Administrative Action 2921.42.79, and 2921.42.79), we divided satisfy itself that the secondary (SAA) authorizes the Department to the total quantity by the total value for information to be used has probative consider the extent to which a party the period referenced in the petition and value. See id. The SAA also states that may benefit from its own lack of noted the average unit values were very independent sources used for cooperation (SAA at 870). Because the similar to those reported in the original corroboration may include, for example, ‘‘all others’’ PRC rate that was petition. published price lists, official import applicable during the POR and that is The petition also states that due to the statistics and customs data, and applicable to current imports is 85.2 non-market economy status of the PRC, information obtained from interested percent, the Department believes that the foreign market value was calculated parties during the particular assigning a 85.2 percent rate will using a factors of production investigation. See id. However, where prevent non-responding firms from methodology. Based on the production corroboration is not practicable, that fact benefitting from their failure to respond experience of the petitioners, the will not prevent the Department from to the Department’s requests for petition identified actual factors of applying an adverse inference and using information. Anything less than the production for subject merchandise. the secondary information in question. current cash deposit rate would Such factors include: labor, raw See 19 CFR 351.308(d). effectively reward non-responding firms material, energy, overhead, and general The Department issued its standard for not cooperating to the best of their selling and administrative expenses. To non-market economy (NME) ability. value these factors of production, the questionnaires to thirteen firms on The 85.2 percent rate is based on the petition used published costs in India September 29, 1998. These thirteen less than fair value (LTFV) final for the above-mentioned factors as firms are: Sinochem Hebei; China determination, which in turn was based surrogate values for those in the PRC. National Chemical Construction on information in the petition. Section See Antidumping Petition on Sulfanilic Corporation, Beijing Branch; China 776(b) of the Act authorizes the Acid from the People’s Republic of National Chemical Construction Department to use as adverse facts China dated October 2, 1991, and found Corporation, Qingdao Branch; Sinochem available information derived from, in CRU. Because petitioners used Qingdao; Sinochem Shandong; Baoding among other places, the petition or the published, publicly available data for No. 3 Chemical Factory; Jinxing final determination from the LTFV valuing the major inputs, we consider Chemical Factory; Zhenxing Chemical investigation. This type of information this data to be probative and relevant.

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The SAA at 870 specifically states market economy (NME) country, and (2) India a surrogate inland freight cost that where ‘‘corroboration may not be the available information does not using a simple average of the reported practicable in a given circumstance,’’ permit the calculation of NV using distances from either the closest PRC the Department may nevertheless apply home-market prices, third-country port to the factory, or from the domestic an adverse inference. The SAA at 869 prices, or constructed value under supplier to the factory. See Final emphasizes that the Department need section 773(a) of the Act. Determination of Sales at Less that Fair not prove that the facts available are the In every case conducted by the Value: Certain Cut-to-Length Carbon best alternative information. Therefore, Department involving the PRC, the PRC Steel Plate from the People’s Republic of based on our efforts, described above, to has been treated as an NME country. China, 62 FR 61977 (Nov. 20, 1997). In corroborate information contained in Pursuant to section 771(18)(C)(i), any accordance with this methodology, we the petition, and mindful of the determination that a foreign country is valued the factors of production as legislative history discussing facts an NME country shall remain in effect follows: available and corroboration, we until revoked by the administering To value aniline used in the consider the petition margin we are authority. None of the parties to this production of sulfanilic acid, we used assigning to non-responding firms in proceeding has contested such the rupee per kilogram value of imports this review as adverse facts available to treatment in this review. Accordingly, into India during April 1997–March be corroborated to the extent we treated the PRC as an NME country 1998, obtained from the March 1998, practicable. for purposes of this review and Monthly Statistics of the Foreign Trade Finally, we note that where calculated NV by valuing the factors of of India, Volume II—Imports (Indian circumstances indicate that the selected production as set forth in section Import Statistics.) Using the Indian margin is not appropriate as adverse 773(c)(3) of the Act in a comparable rupee wholesale price indices (‘‘WPI’’) facts available, the Department will market economy country which is a obtained from the International disregard the margin and determine an significant producer of comparable Financial Statistics, published by the appropriate margin. See Fresh Cut merchandise. Pursuant to section International Monetary Fund (IMF), we Flowers from Mexico; Preliminary 773(c)(4) of the Act, we determined that adjusted this value for inflation in India Results of Antidumping Duty India is comparable to the PRC in terms during the POR. We made adjustments Administrative Review, 60 FR 49567 of per capita gross national product to include costs incurred for freight (September 26, 1995). We have (‘‘GNP’’), the growth rate in per capita between the Chinese aniline suppliers determined that there is no evidence on GNP, and the national distribution of and Zhenxing/Mancheng’s and Yude/ the record that would indicate that the labor; and that India is a significant Xinyu’s factories using the average of (1) margin from the petition is not producer of comparable merchandise. the distance from the factory to the appropriate. Nothing on the record of For further discussion of the supplier or (2) the distance from the this administrative review supports a Department’s selection of India as the factory to the port. The surrogate freight determination that the highest margin primary surrogate country, see rates were based on truck freight rates rate from the petition in the underlying Memorandum from Jeffrey May, from The Times of India, April 20, 1994, investigation does not represent reliable Director, Office of Policy, to Barbara consistent with the Department’s and relevant information for purposes of Tillman, Director, Office of AD/CVD practice. See Certain Helical Spring adverse facts available. This rate has Enforcement VII, dated June 30, 1999, Lock Washers from the People’s been used as the PRC-wide, all others entitled ‘‘Sulfanilic Acid from the Republic of China: Final Results of rate since the Department’s Final People’s Republic of China (‘‘PRC’’): Antidumping Duty Administrative Determination of Sales at Less Than Nonmarket Economy Status and Review, 64 FR 13401 (Mar. 18, 1999) Fair Value: Sulfanilic Acid from the Surrogate Country Selection’’; (Lock Washers). Rail freight rates were People’s Republic of China, 57 FR 29705 ‘‘Selection of Significant Producer from the December 22, 1989, embassy (July 6, 1992). Memo’’ dated August 31, 1999; cable for the Final Results of ‘‘Surrogate Values Memorandum’’ dated Antidumping Duty Administrative United States Price August 31, 1999; and Preliminary Review: Shop Towels of Cotton from the Respondents reported U.S. sales as Analysis Memorandum dated August People’s Republic of China, 56 FR 4040 constructed export price (‘‘CEP’’) sales 31, 1999, which are on file in the CRU. (Feb. 1, 1991). These rates were adjusted made by PHT on behalf of Yude/Xinyu For purposes of calculating NV, we for inflation to be concurrent with the and Zhenxing/Mancheng. We calculated valued PRC factors of production in period of review and have been placed CEP based on FOB prices to unaffiliated accordance with section 773(c)(1) of the on the record of this review. purchasers in the United States. We Act. In examining surrogate values, we To value sulfuric acid used in the made deductions for foreign inland selected, where possible, the publicly production of sulfanilic acid, we used freight, foreign brokerage and handling, available value which was: (1) An the rupee per kilogram value for sales in ocean freight, marine insurance, U.S. average non-export value; (2) India during December 1996–July 1997 customs duties, U.S. transportation, representative of a range of prices as reported in Chemical Weekly. We credit, warehousing, repacking in the within the POR or most have adjusted this value for inflation in United States, indirect selling expenses, contemporaneous with the POR; (3) India during the POR, and have including inventory carrying costs, and product-specific; and (4) tax-exclusive. excluded the Central Excise Tariff of constructed export price profit, as For those surrogate values not India and the Bombay Sales Tax. We appropriate, in accordance with sections contemporaneous with the POR, we made additional adjustments to include 772(c) and (d) of the Act. adjusted for inflation using the costs incurred for freight between the wholesale price indices published in the Chinese sulfuric acid supplier and Normal Value IMF’s International Financial Statistics. Zhenxing/Mancheng’s and Yude/ Section 773(c)(1) of the Act provides When necessary, we adjusted the values Xinyu’s factories in the PRC. that the Department shall determine for certain inputs reported in Chemical To value sodium bicarbonate used in normal value (‘‘NV’’) using a factors of Weekly to exclude sales and excise the production of sodium sulfanilate, production methodology if (1) the taxes. In accordance with our practice, we used the rupee per kilogram value merchandise is exported from a non- we added to CIF import values from for sales in India during December

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1996–July 1997 as reported in Chemical pertaining to the cost of manufacturing response in Investigation of Sales at Weekly. We have adjusted this value for plus SG&A as reported in the Bulletin. Less than Fair Value: Sulphur Vat Dyes inflation in India during the POR, and To value the inner and outer bags from India (62 FR 42758). See ‘‘Index of have excluded the Central Excise Tariff used as packing materials, we used Factor Values for Use in Antidumping of India and the Bombay Sales Tax. We import information from Indian Import Duty Investigations Involving Products made additional adjustments to include Statistics for the period April 1997– from the People’s Republic of China,’’ costs incurred for freight between the March 1998. Using the Indian rupee found on Import Administration’s web Chinese sodium bicarbonate supplier WPI data obtained from International site. We adjusted the value for marine and Zhenxing/Mancheng factory in the Financial Statistics, we adjusted these insurance for inflation during the POR PRC. values to account for inflation in India using Indian rupee WPI data published Consistent with our final during the POR. We adjusted these by the IMF. determination in the 1996–1997 values to include freight costs incurred To value ocean freight, we used a administrative review, we have used the between the Chinese plastic bag value for ocean freight provided by the public price quotes, in this case those suppliers and Zhenxing/Mancheng’s Federal Maritime Commission used in submitted by the respondents on July and Yude/Xinyu’s factories in the PRC. the Final Determination of the 14, 1999, which are specific to the type To value coal, we used the price of Antidumping Administrative Review of and grade of activated carbon used in steam coal in 1996 for industries in Sebacic Acid from the PRC, 62 FR 65674 the production of sulfanilic acid, as India as reported in Energy, Prices and (1997). We adjusted the value for ocean reported in the Chinese sulfanilic acid Taxes, First Quarter 1999 published by freight for inflation during the POR producers’ factors of production. We the International Energy Agency. This using Indian rupee WPI data published made adjustments to account for price was adjusted for inflation to be by the IMF. concurrent with the POR and has been inflation in India during the POR, and Preliminary Results of the Review to include costs incurred for inland placed on the record of this review. To value electricity, we used the price We preliminarily determine the freight between the Chinese activated of industrial electricity in India in 1997 weighted average dumping margin for carbon supplier and Zhenxing/ reported in Energy, Prices, and Taxes, Yude/Xinyu and Zhenxing/Mancheng Mancheng’s and Yude/Xinyu’s factories First Quarter 1999 published by the for the period August 1, 1997 through in the PRC. International Energy Agency. This price July 31, 1998 to be 1.62 percent. The The Department’s regulations, at 19 was adjusted for inflation to be rate for all other firms which have not CFR 351.408(c)(3), state that ‘‘[f]or labor, concurrent with the POR and has been demonstrated that they are entitled to the Secretary will use regression-based placed on the record of this review. separate rates is 85.20 percent. This rate wage rates reflective of the observed To value truck freight for input will be applied to all firms other than relationship between wages and materials, we used the rate reported in Yude/Xinyu and Zhenxing/Mancheng. national income in market economy The Times of India, April 20, 1994. We Pursuant to 19 CFR 351.224(b), the countries. The Secretary will calculate adjusted the truck freight rates for Department will disclose to parties to the wage rate to be applied in inflation during the POR using Indian the proceeding any calculations nonmarket economy proceedings each rupee WPI data published by the IMF. performed in connection with these year. The calculation will be based on See Lock Washers. preliminary results within five (5) days current data, and will be made available To value rail freight for input after the date of publication of this to the public.’’ To value the factor materials, we used the price reported in notice. Pursuant to 19 CFR 351.309, inputs for labor, we used the wage rates a December 1989 cable from the U.S. interested parties may submit written calculated for the PRC in the Embassy in India submitted for the comments in response to these Department’s ‘‘Expected Wages of Final Results of Antidumping Duty preliminary results. Case briefs are Selected Non-Market Economy Administrative Review: Shop Towels of currently scheduled for submission Countries—1997 Income Data’’ as Cotton from the People’s Republic of within 30 days after the date of updated in May 1999, and published by China, 56 FR 4040 (Feb. 1, 1991) and publication of this notice, and rebuttal the Department in the world-wide web added to the record of this review. We briefs, limited to arguments raised in site for Import Administration. adjusted the rail freight rates for case briefs, must be submitted no later Following our practice from prior inflation during the POR using Indian than five (5) days after the time limit for administrative reviews of sulfanilic acid rupee WPI data published by the IMF. filing case briefs. Parties who submit from the PRC, for factory overhead, we To value brokerage and handling, we argument in this proceeding are used information reported in the used the brokerage and handling rate requested to submit with the argument: January 1997 Reserve Bank of India used in the Determination of Sales at (1) A statement of the issue, and (2) a Bulletin (‘‘Bulletin’’). From this Less Than Fair Value: Stainless Steel brief summary of the argument. Case information, we were able to determine Bar from India, 59 FR 66915 (1994). See and rebuttal briefs must be served on factory overhead as a percentage of total April 1997 Memorandum to All interested parties in accordance with 19 cost of manufacturing. Reviewers from Richard W. Moreland, CFR 351.303(f). Also, pursuant to 19 Similarly, for selling, general and Acting Deputy Assistant Secretary CFR 351.310, within 30 days of the date administrative (SG&A) expenses, we ‘‘Index of Factor Values for Use in of publication of this notice, interested used information obtained from the Antidumping Duty Investigations parties may request a public hearing on January 1997 Bulletin. We calculated an Involving Products from the People’s arguments to be raised in the case and SG&A rate by dividing SG&A expenses Republic of China,’’ found on Import rebuttal briefs. Unless the Secretary as reported in the Bulletin by the cost Administration’s web site. We adjusted specifies otherwise, the hearing, if of manufacturing. the value for brokerage and handling for requested, will be held two days after Finally, to calculate a profit rate, we inflation during the POR using Indian the deadline for submission of rebuttal used information obtained from the rupee WPI data published by the IMF. briefs. The Department will issue the January 1997 Bulletin. We calculated a To value marine insurance, we used final results of this administrative profit rate by dividing the before-tax information from a publicly review, including its analysis of issues profit by the sum of those components summarized version of a questionnaire raised in any case or rebuttal brief or at

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Upon completion of this review, Titanium Sponge From the Republic of original antidumping finding into the Department will issue appraisement Kazakhstan; Notice of Preliminary Results of Antidumping Duty fifteen findings applicable to each of the instructions directly to the Customs Administrative Review former republics of the U.S.S.R. (57 FR Service. 36070, August 12, 1992). Furthermore, the following deposit AGENCY: Import Administration, On August 28, 1998, Titanium Metals rates will be effective with respect to all International Trade Administration, Company (Timet) requested that the shipments of sulfanilic acid from the Department of Commerce. Department conduct an administrative PRC entered, or withdrawn from ACTION: Notice of preliminary results of review of the antidumping finding on warehouse, for consumption on or after antidumping duty administrative titanium sponge from Kazakhstan for the publication date of the final results review. one manufacturer/exporter, Ust- Kamenorgorsk Titanium and of this review, as provided for by SUMMARY: In response to a request from section 751(a)(2)(c) of the Act: (1) The Magnesium Plant (UKTMP), and one Titanium Metals Corporation, the trading company, Specialty Metals cash deposit rate for reviewed Department of Commerce (the Corporation (SMC), covering the period companies listed above will be the rates Department) is conducting an August 1, 1997 through July 31, 1998. for those firms established in the final administrative review of the The Department published a notice of results of this review; (2) for companies antidumping finding on titanium initiation of the review on September previously found to be entitled to a sponge from the Republic of Kazakhstan 29, 1998 (63 FR 51893). Due to the separate rate and for which no review (Kazakhstan). This notice of preliminary complexity of the legal and was requested, the cash deposit rate will results covers the period August 1, 1997 methodological issues presented by this be the rate established in the most through July 31, 1998. This review review, the Department postponed the recent review of that company; (3) for covers one manufacturer/exporter and date of the preliminary results of review all other PRC exporters of subject one trading company. on May 10, 1999 (64 FR 25024). The merchandise, the cash deposit rate will We preliminarily determine that no Department is conducting this be the China-wide rate of 85.20 percent; sales were made below normal value administrative review in accordance and (4) the cash deposit rate for non- during this review period. If this with section 751 of the Act. PRC exporters of subject merchandise preliminary result is adopted in our On August 13, 1998, the International final results of administrative review, from the PRC will be the rate applicable Trade Commission (ITC) published in we will instruct the U.S. Customs to the PRC supplier of that exporter. the Federal Register its determination Service to liquidate entries during the that revocation of the findings covering These deposit requirements, when period of review (POR) without regard imposed, shall remain in effect until titanium sponge imports from to dumping duties. Interested parties are Kazakhstan, the Russian Federation publication of the final results of the invited to comment on this preliminary (Russia), and Ukraine and the next administrative review. result. Parties who submit arguments in antidumping duty order covering Notification of Interested Parties this proceeding are requested to submit imports of titanium sponge from Japan with the argument: (1) a statement of the is not likely to lead to continuation or This notice serves as a preliminary issue; and (2) a brief summary of the recurrence of material injury to an reminder to importers of their argument. industry in the United States. Due to responsibility under section 351.402 of EFFECTIVE DATE: September 8, 1999. this determination the Department has the Department’s regulations to file a FOR FURTHER INFORMATION CONTACT: revoked the finding covering titanium certificate regarding the reimbursement Mark Manning, Office of AD/CVD sponge imports from Kazakhstan. This of antidumping duties prior to Enforcement, Office 4, Group II, Import revocation is effective as of August 13, liquidation of the relevant entries Administration, International Trade 1998, the date of publication in the during this review period. Failure to Administration, U.S. Department of Federal Register of the ITC’s comply with this requirement could Commerce, 14th Street and Constitution determinations. See Notice of result in the Secretary’s presumption Avenue, N.W., Washington, D.C. 20230; Revocation of Antidumping Findings that reimbursement of antidumping telephone (202) 482–3936. and Antidumping Duty Order and Termination of Five-Year (‘‘Sunset’’) duties occurred and the subsequent Applicable Statute assessment of double antidumping Reviews: Titanium Sponge from duties. Unless otherwise indicated, all Kazakhstan, Russia, Ukraine, and citations to the statute are references to Japan, 63 FR 46215 (August 31, 1998). This administrative review and notice the provisions effective January 1, 1995, Scope of Review are in accordance with sections the effective date of the amendments 751(a)(1) and 771 (i)(1) of the Act. made to the Tariff Act of 1930, as The product covered by this Dated: August 31, 1999. amended (the Act) by the Uruguay administrative review is titanium sponge from Kazakhstan. Titanium Richard W. Moreland, Round Agreements Act (URAA). In addition, unless otherwise indicated, all sponge is chiefly used for aerospace Acting Assistant Secretary for Import citations to the Department’s regulations vehicles, specifically, in construction of Administration. are to 19 CFR Part 351 (1998). compressor blades and wheels, stator [FR Doc. 99–23324 Filed 9–7–99; 8:45 am] blades, rotors, and other parts in aircraft BILLING CODE 3510±DS±P Background gas turbine engines. Imports of titanium The Department published an sponge are currently classifiable under antidumping finding on titanium the harmonized tariff schedule (HTS)

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.147 pfrm04 PsN: 08SEN1 48794 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices subheading 8108.10.50.10. The HTS claim, regardless of any separate rate the contested such treatment in this review, subheading is provided for convenience respondent received in the past. See we calculated NV for the instant review and U.S. Customs purposes. Our written Manganese Metal from the People’s in accordance with section 773(c) of the description of the scope of this Republic of China, Final Results and Act and section 351.408 of the proceeding is dispositive. Partial Recission of Antidumping Duty Department’s regulations. Administrative Review, 63 Fed. Reg. In accordance with section 773(c)(3) Separate Rates Determination 12441 (March 13, 1998). In the instant of the Act, the factors of production To establish whether a company review, UKTMP and SMC submitted a (FOP) utilized in producing titanium operating in a nonmarket economy complete response to the separate rates sponge include, but are not limited to— (NME) is sufficiently independent to be section of the Department’s (A) hours of labor required, (B) entitled to a separate rate, the questionnaire. The evidence submitted quantities of raw materials employed, Department analyzes each exporting in this review by UKTMP and SMC, (C) amounts of energy and other utilities entity under the test established in the which is consistent with the consumed, and (D) representative Final Determination of Sales at Less Department’s findings in the previous capital cost, including depreciation. In Than Fair Value: Sparklers from the review, is sufficient to demonstrate accordance with section 773(c)(4) of the People’s Republic of China, 56 FR 20588 independence from the government Act, the Department valued the FOP, to (May 6, 1991) (Sparklers), as amplified entity. We therefore preliminarily the extent possible, using the cost of the by the Final Determination of Sales at determine that UKTMP and SMC FOP in a market economy that is—(A) Less Than Fair Value: Silicon Carbide continue to be entitled to a separate rate. at a level of economic development from the People’s Republic of China, 59 comparable to Kazakhstan, and (B) a FR 22585 (May 2, 1994) (Silicon Export Price significant producer of comparable Carbide). Under this policy, exporters in In accordance with section 772(a) of merchandise. We determined that Egypt NMEs are entitled to separate, company- the Act, the Department calculated an is comparable to Kazakhstan in terms of specific margins when they can export price (EP) on sales to the United per capita gross national product, the demonstrate an absence of government States, because use of constructed growth rate in per capita income, and control, both in law and in fact, with export price was not warranted. For date the national distribution of labor. respect to export activities. Evidence of sale, we used the sales invoice date Furthermore, Egypt is a significant supporting, though not requiring, a because this is the date when the price producer of aluminum, a product finding of de jure absence of and quantity are set. We excluded those comparable to titanium sponge. For a government control over export sales made to the United States which further discussion of the Department’s activities includes: (1) An absence of the respondents identified as having selection of Egypt as the surrogate restrictive stipulations associated with entered the United States under country, see Memorandum to the File, the individual exporter’s business and temporary importation bond (TIB). At ‘‘1997–1998 Administrative Review of export licenses; (2) any legislative this time, because merchandise entered the Antidumping Finding on Titanium enactments decentralizing control of under a TIB is not entered for Sponge from Kazakhstan; Selection of a companies; and, (3) any other formal consumption, such merchandise is not Surrogate Country,’’ dated June 24, measures by the government subject to the antidumping finding. See 1999, which is on file in the Central decentralizing control of companies. De Titanium Metals Corp. v. United States, Records Unit, Room B099 of the Main facto absence of government control 901 F. Supp 362 (CIT 1995). Commerce building (CRU—Public File). over exports is based on four factors: (1) We calculated export price based on Normal Value Whether each exporter sets its own the price to unaffiliated purchasers in export prices independently of the the United States. We made deductions, In accordance with section 773(c)(1) government and without the approval of where appropriate, for foreign inland of the Act, for purposes of calculating a government authority; (2) whether freight, insurance, ocean freight, and normal value (NV), we valued each exporter retains the proceeds from brokerage and handling. SMC did not Kazakhstan’s FOP based on data for the its sales and makes independent claim any other adjustments to EP, nor POR. Surrogate values that were in decisions regarding the disposition of were any other adjustments allowed. effect during periods other than the POR profits or financing of losses; (3) were inflated or deflated, as appropriate, whether each exporter has the authority Surrogate Country Selection to account for price changes between to negotiate and sign contracts and other For companies located in NME the effective period and the POR. We agreements; and, (4) whether each countries, section 773(c)(1) of the Act calculated the inflation or deflation exporter has autonomy from the provides that the Department shall adjustments for all factor values, except government regarding the selection of determine normal value (NV) using a labor, using the wholesale price indices management. See Silicon Carbide, 59 FR factors of production methodology if (1) for Egypt and Indonesia, where at 22587 and Sparklers, 56 FR at 20589. the subject merchandise is exported appropriate, that were reported in the In the final results of the 1996–1997 from an NME country, and (2) available IMF’s publication, International review of titanium sponge from information does not permit the Financial Statistics. We valued Kazakhstan, the Department granted a calculation of NV using home-market Kazakhstan’s FOP as follows (for further separate rate to UKTMP and SMC. See prices, third-country prices, or discussion of our preliminary analysis, Titanium Sponge From the Republic of constructed value, in accordance with see Analysis Memorandum for the Kazakhstan: Final Results of Section 773(a) of the Act. Section Preliminary Results of Administrative Antidumping Duty Administrative 351.408 of the Department’s regulations Review, dated August 31, 1999, which is Review (64 FR 1598, January 11, 1999). sets forth the Department’s methodology on file in the CRU—Public File.): While UKTMP and SMC received a for calculating the NV of merchandise • Except as noted below, we valued separate rate in the previous segment of from NME countries. raw materials using Egyptian import this proceeding, it is the Department’s The Department has treated data from the Commodity Trade policy that separate rates questionnaire Kazakhstan as an NME country in every Statistics Section, United Nations responses must be evaluated each time past case involving this country. Since Statistics Division, (UN import a respondent makes a separate rate none of the parties to these proceedings statistics) for the calendar year 1997. We

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48795 adjusted certain factor values to reflect incurred in Russia, we valued them, not adjust this rate to account for the the actual purity used in the production consistent with the 1996–1997 review of effects of price changes. of the subject merchandise. Since titanium sponge from Kazakhstan, with • In regard to packing materials, we UKTMP purchased titanium slag from the surrogate value used in the 1996– used the 1997 UN import statistics from both market and non-market economy 1997 administrative review of the Egypt that were provided by the suppliers, consistent with the antidumping finding on titanium respondent for polyethylene film, argon, Department’s practice, we valued this sponge from the Russian Federation and sheet steel. Since the UN data is input using the market economy price, (titanium sponge from Russia). In that reported in U.S. dollars, we did not regardless of the supplier. The most review, we determined that Venezuela adjust for the effects of inflation. We recent Egyptian import statistics that we was an appropriate surrogate country for valued labor used in packing with the were able to find for pitch coke and Russia. However, since we were unable above-referenced regression-based labor chlorine were Egypt’s 1994 and 1996 to locate a Venezuelan surrogate value rate for Kazakhstan. • UN import statistics, respectively. Since for handling charges, we valued these The respondents placed on the the UN statistics are reported in U.S. charges with the surrogate value from record the financial statements from dollars, we did not adjust these values the 1995–1996 administrative review of three Egyptian aluminum companies. for the effects of inflation. We were titanium sponge from Russia. In the One of the three companies is a primary unable to find information from Egypt 1995–1996 review, we valued these aluminum producer while the other two in order to value carnallite and spent charges using the brokerage and are aluminum products producers. electrolyte. For carnallite, we used the handling charges reported in the public Since primary aluminum producers use 1995 Egyptian UN import statistics for record of the antidumping a production process that is closer to the dolomite, a commodity similar to administrative review of silicon metal process used to produce titanium carnallite, as the surrogate value. In from Brazil. Therefore, in the instant sponge than producers of aluminum order to value spent electrolyte, we used review, we valued the handling and products, we normally prefer to use the the surrogate value for potassium reloading charges incurred by UKTMP financial statements from primary chloride because spent electrolyte is 75 in Russia with the weighted-average aluminum producers in our calculation percent potassium chloride. The brokerage and handling expenses of factory overhead, selling, general and surrogate value for potassium chloride reported in the public record of the administrative (SG&A) expense, and was obtained from Egypt’s 1997 UN 1997–1998 administrative review of the profit. However, the financial import statistics. statements from the Egyptian primary • antidumping duty order on silicon Pursuant to section 351.408(c)(3) of metal from Brazil. aluminum producer did not contain the Department’s regulations, we valued enough detail to be used in our • We valued truck and rail labor by using the regression-based calculations. Similarly, the financial transportation in Kazakhstan using wage rate for Kazakhstan as posted on statements from one of the two Egyptian truck and rail surrogate values the Import Administration Internet web aluminum products producers lacked obtained by the respondents. With site. sufficient detail to be used in our respect to truck transportation, the • Although the respondents placed calculations. Therefore, we calculated respondents provided a schedule of on the record an Egyptian electricity the ratios used in our valuation of trucking fees covering transport of cargo rate for large industrial consumers, they overhead, SG&A, and profit with the between various cities throughout did not provide any source 1998 financial statements from Arab Egypt. We used the price per kilometer documentation to substantiate this rate. Aluminum Co., an Egyptian producer of per metric ton rate from the Ramadan Therefore, we valued electricity in the aluminum products. instant review with the Indonesian City-to-Cairo fee because the distance surrogate value for electricity used in between these two cities most closely Currency Conversion the 1996–1997 administrative review of matches the distance cargo traveled by We made currency conversions in this finding. In that review, we used the truck in Kazakhstan. In regard to rail accordance with section 773A(a) of the ‘‘extra large industry user’’ rate from transportation, the respondents Act, based on exchange rates certified Indonesia’s electricity tariff schedule provided a schedule of rail fees covering by the Federal Reserve Bank and Dow that UKTMP would have received had transport of cargo between various cities Jones Business Information Services. it been an electricity consumer in throughout Egypt. We used the price per Preliminary Results of the Review Indonesia during the POR. Since this kilometer per metric ton rate from the rate is from 1994, and is expressed in city-to-city fees that most closely SMC owns 65 percent of UKTMP and Indonesian rupiahs, we adjusted this matched the distances cargo traveled by manages the operations of UKTMP rate in order to account for the effects rail in Kazakhstan. under a long-term management contract. of inflation. • UKTMP shipped its sales of Due to SMC’s equity ownership in • We were unable to obtain a titanium sponge to the United States via UKTMP, we considered SMC and surrogate value from Egypt for steam. rail through Russia. We valued this UKTMP to be affiliated for the purpose Since steam was not valued as a factor transportation with the surrogate value of the antidumping statute and of production in the 1996–1997 for rail transportation used in the 1996– regulations. During the POR, UKTMP administrative review of this finding, 1997 administrative review of titanium sold titanium sponge to SMC who then we have used the surrogate for sponge from Russia, which is the most resold the merchandise to unaffiliated electricity, as discussed above, to value recently completed review of that purchasers in the United States. Because this energy input. finding. In that review, we valued this was the only channel of distribution • UKTMP states that it incurred transportation via the Russian rail lines for sales to the United States, we handling and reloading charges for using the Venezuelan Bolivares price calculated one rate that will apply to merchandise transited through the port per metric ton per kilometer quoted by both SMC and UKTMP. As a result of in St. Petersburg, Russia. We were the national Venezuelan railroad system our review, we preliminarily determine unable to find a surrogate value from administrator. Since the correspondence that the following margin exists for the Egypt for handling and reloading containing the price quote was issued period August 1, 1997 through July 31, charges. Since these expenses were during the instant review’s POR, we did 1998:

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Margin Manufacturer/Exporter Period (percent)

Specialty Metals Company/Ust-Kamenogorsk Titanium and Magnesium Plant 8/1/97±7/31/98 00.00

Within 5 days of the date of States, the Department revoked this Mexico for the period January 1, 1997 publication of this notice, in accordance finding on August 31, 1998, with an through December 31, 1997. For with 19 CFR 351.224, the Department effective date of August 13, 1998. Since information on the net subsidy for the will disclose its calculations. Any the revocation is currently in effect, reviewed company as well as for non- interested party may request a hearing current and future imports of titanium reviewed companies, please see the within 30 days of publication of this sponge from Kazakhstan shall be Preliminary Results of Review section of notice in accordance with 19 CFR entered into the United States without this notice. If the final results remain 351.310(c). Any hearing, if requested, regard to antidumping duties. Therefore, the same as these preliminary results of will be held 37 days after the we will instruct Customs not to suspend administrative review, we will instruct publication of this notice, or the first future entries and to liquidate all future the U.S. Customs Service to assess workday thereafter. Interested parties entries of this product, from countervailing duties as detailed in the may submit written comments (case Kazakhstan, without regard to Preliminary Results of Review section of briefs) within 30 days of the date of antidumping duties. this notice. Interested parties are invited publication of this notice in accordance Notification of Interested Parties to comment on these preliminary with 19 CFR 351.309(c)(2). Rebuttal results. (See the Public Comment comments (rebuttal briefs), which must This notice serves as a preliminary section of this notice.) reminder to importers of their be limited to issues raised in the case EFFECTIVE DATE: September 8, 1999. responsibility under section 351.402(f) briefs, may be filed not later than 35 FOR FURTHER INFORMATION CONTACT: days after the date of publication. The of the Department’s regulations to file a certificate regarding the reimbursement Norbert Gannon or Eric B. Greynolds, Department will publish a notice of the Office of AD/CVD Enforcement VI, final results of this administrative of antidumping duties prior to liquidation of the relevant entries Import Administration, U.S. Department review, which will include the results of of Commerce, Room 4012, 14th Street its analysis of issues raised by the during this review period. Failure to and Constitution Avenue, N.W., parties, within 120 days of publication comply with this requirement could Washington, D.C. 20230; telephone of this preliminary result. result in the Secretary’s presumption The final results of this review shall that reimbursement of antidumping (202) 482–2786. be the basis for the assessment of duties occurred and the subsequent SUPPLEMENTARY INFORMATION: antidumping duties on entries of assessment of double antidumping Background merchandise covered by this review. duties. This administrative review and notice On August 17, 1993, the Department Duty Assessment Rates is in accordance with sections 751(a)(1) published in the Federal Register (58 The Department shall determine, and and 777(i)(1) of the Act (19 U.S.C. FR 43755) the countervailing duty order the Customs Service shall assess, 1675(a)(1) and 1677f(i)(1) ). on certain cut-to-length carbon steel antidumping duties on all appropriate plate from Mexico. On August 11, 1998, Dated: August 31, 1999. entries. Pursuant to 19 CFR the Department published a notice of 351.212(b)(1), we have calculated an Richard W. Moreland, ‘‘Opportunity to Request an importer-specific ad valorem duty Acting Assistant Secretary for Import Administrative Review’’ (63 FR 42821) assessment rate based on the ratio of the Administration. of this countervailing duty order. We total amount of the dumping margins [FR Doc. 99–23328 Filed 9–7–99; 8:45 am] received a timely request for review calculated for the examined sales to the BILLING CODE 3510±DS±P from Altos Hornos de Mexico, S.A. total entered value of those same sales. (AHMSA), the respondent company to In order to estimate the entered value, this proceeding. On September 29, 1998, DEPARTMENT OF COMMERCE we subtracted international movement we initiated the review, covering the period January 1, 1997 through expenses from the gross sales value. International Trade Administration This rate will be assessed uniformly on December 31, 1997 (63 FR 51893). On all entries of that specific importer made [C±201±810] November 13, 1998, petitioners during the POR. In accordance with 19 submitted new subsidy allegations. Certain Cut-to-Length Carbon Steel CFR 351.106 (c)(2), we will instruct the Based on the information submitted by Plate from Mexico: Preliminary Results Customs Service to liquidate without petitioners, we initiated an investigation of Countervailing Duty Administrative regard to antidumping duties any of nine of the ten new subsidy Review entries for which the assessment rate is allegations made by petitioners. On May de minimis, i.e., less than 0.5 percent. AGENCY: Import Administration, 6, 1999, we extended the period for The Department will issue appraisement International Trade Administration, completion of the preliminary results instructions directly to the Customs Department of Commerce. pursuant to section 751(a)(3) of the Service. ACTION: Notice of Preliminary Results of Tariff Act of 1930, as amended. See Certain Cut-to-Length Carbon Steel Plate Cash Deposit Requirements Countervailing Duty Administrative Review. from Mexico: Postponement of Pursuant to the ITC’s determination Preliminary Results of Countervailing that revocation of the finding covering SUMMARY: The Department of Commerce Duty Administrative Review (64 FR titanium sponge imports from (the Department) is conducting an 24370). On June 8 through June 17, Kazakhstan is not likely to lead to administrative review of the 1999, we conducted a verification of the continuation or recurrence of material countervailing duty order on certain questionnaire responses that the injury to an industry in the United cut-to-length carbon steel plate from Government of Mexico (GOM) and

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AHMSA submitted during this rectangular shape, neither clad, plated However, in administrative reviews administrative review. The results of nor coated with metal, whether or not where the Department examines non- our verification are contained in the July painted, varnished, or coated with recurring subsidies received prior to the 8, 1999, memorandum ‘‘Verification of plastics or other nonmetallic substances; period of review (POR) which have been Government of Mexico’s (GOM) and certain hot-rolled carbon steel flat- countervailed based on an allocation Questionnaire Responses in the rolled products in straight lengths, of period established in an earlier segment Administrative Review of the rectangular shape, hot rolled, neither of the proceeding, it is not practicable Countervailing Duty Order on Cut-to- clad, plated, nor coated with metal, to reallocate those subsidies over a length Carbon Steel Plate from Mexico’’ whether or not painted, varnished, or different period of time. Where a to David Mueller, Director of Office of coated with plastics or other countervailing duty rate in earlier AD/CVD Enforcement VI (GOM nonmetallic substances, 4.75 segments of a proceeding was calculated Verification Report), and the July 15, millimeters or more in thickness and of based on a certain allocation period and 1999, memorandum ‘‘Verification of a width which exceeds 150 millimeters resulted in a certain benefit stream, AHMSA’s Questionnaire Responses in and measures at least twice the redefining the allocation period in later the Administrative Review of the thickness, as currently classifiable in the segments of the proceeding would entail Countervailing Duty Order on Certain Harmonized Tariff Schedules of the taking the original grant amount and Carbon Steel Plate from Mexico’’ to United States (HTSUS) under item creating an entirely new benefit stream David Mueller, Director of Office of AD/ numbers 7208.31.0000, 7208.32.0000, for that grant. Redefining an allocation CVD Enforcement VI, the public 7208.33.1000, 7208.33.5000, period could lead to an increase or versions of which are on file in the 7208.41.0000, 7208.42.0000, decrease in the total amount Central Records Unit, Room B–099 of 7208.43.0000, 7208.90.0000, countervailed and, thus, could result in the Main Commerce Building (AHMSA 7210.70.3000, 7210.90.9000, over-or under-countervailing the actual Verification Report). 7211.11.0000, 7211.12.0000, benefit. In accordance with 19 C.F.R. 7211.21.0000, 7211.22.0045, In this administrative review, the 351.213(b), this review covers only Department is considering both non- those producers or exporters for which 7211.90.0000, 7212.40.1000, recurring subsidies previously allocated a review was specifically requested. 7212.40.5000, and 7212.50.0000. in the initial investigation and non- Accordingly, this review covers Included in this administrative review recurring subsidies received since the AHMSA. This review also covers are flat-rolled products of twenty-one programs. The deadline for nonrectangular cross-section where original period of investigation (POI). the final results of this review is no later such cross-section is achieved Therefore, for purposes of these than 120 days from the date on which subsequent to the rolling process (i.e., preliminary results, the Department is these preliminary results are published products which have been ‘‘worked using the original allocation period of in the Federal Register. after rolling’’)—for example, products 15 years assigned to each non-recurring which have been bevelled or rounded at subsidy received prior to or during the Applicable Statute the edges. Excluded from this POI. For non-recurring subsidies Unless otherwise indicated, all administrative review is grade X–70 received since the POI, AHMSA citations to the statute are references to plate. HTSUS subheadings are provided submitted an AUL calculation based on the provisions of the Tariff Act of 1930, for convenience and Customs purposes. depreciation and asset values of as amended by the Uruguay Round The written description of the scope of productive assets reported in its Agreements Act (URAA) effective this proceeding is dispositive. financial statements. In accordance with January 1, 1995 (the Act). The the Department’s practice, we derived Subsidies Valuation Information Department is conducting this AHMSA’s company-specific AUL by administrative review in accordance Allocation Period dividing the aggregate of the annual with section 751(a) of the Act. All average gross book values of the firm’s citations to the Department’s regulations In British Steel plc. v. United States, depreciable productive fixed assets by reference 19 C.F.R. Part 351 (April 879 F. Supp. 1254 (CIT 1995) (British the firm’s aggregated annual charge to 1998), unless otherwise indicated. Steel I), the U.S. Court of International depreciation for a 10-year period. We Because the request for this Trade (the Court) ruled against the found this calculation produced a result administrative review was filed before allocation period methodology for non- that is aberrational possibly due to the January 1, 1999, the Department’s recurring subsidies that the Department effect of intermittent periods of high substantive countervailing duty had employed for the past decade, a inflation. Further, AHMSA’s financial regulations, which were published in methodology that was articulated in the statements indicate that the company the Federal Register on November 25, General Issues Appendix appended to revised the useful life of property, plant 1998 (63 FR 65348), do not govern this the Final Affirmative Countervailing and equipment using differing annual review. Duty Determination: Certain Steel depreciation rates rather than a straight Products from Austria, 58 FR 37217 line depreciation methodology. Scope of the Review (July 9, 1993) (GIA). In accordance with Therefore, for purposes of allocating The products covered by this the Court’s decision on remand, the benefits received after 1991 over time, administrative review are certain cut-to- Department determined that the most we used a 15-year AUL, which is the length carbon steel plates. These reasonable method of deriving the same AUL that was used in the products include hot-rolled carbon steel allocation period for non-recurring underlying investigation. See, e.g., Final universal mill plates (i.e., flat-rolled subsidies is a company-specific average Affirmative Countervailing Duty products rolled on four faces or in a useful life (AUL) of non-renewable Determination: Certain Steel Products closed box pass, of a width exceeding physical assets. This remand from Mexico, 58 FR 37352, 37356 (July 150 millimeters but not exceeding 1,250 determination was affirmed by the Court 9, 1993) (Certain Steel 1993). Use of the millimeters and of a thickness of not on June 4, 1996. British Steel plc. v. 15-year AUL in this instance accords less than 4 millimeters, not in coils and United States, 929 F.Supp 426, 439 (CIT with our practice, which is to rely on without patterns in relief), of 1996) (British Steel II). IRS depreciation tables where company-

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See, e.g., Final long-term commercial loans and have significant inflation during only a Affirmative Countervailing Duty preliminarily determined to use the portion of the 15-year allocation period, Determination: Certain Hot-Rolled Flat- weighted-average of each of these types indexing for the entire period or Rolled Carbon-Quality Steel Products of loans as our benchmark interest and converting the non-recurring benefits From Brazil, 64 FR 38742, 38746 (July discount rates. into U.S. dollars at the time of receipt 19, 1999); Final Negative Countervailing (i.e. dollarization) for use in our Duty Determination: Stainless Steel Change in Ownership calculations would have inflated the Plate in Coils From the Republic of (I) Background benefit from these infusions by Korea, 64 FR 15530, 15546 (March 31, adjusting for inflationary as well as non- In November 1991, the GOM sold all 1999). inflationary periods. Thus, in Certain of its ownership interest in AHMSA. Steel 1993, 58 FR at 37355, we used a Discount Rates Prior to privatization, AHMSA was loan-based methodology to reflect the almost entirely owned by the GOM. In Certain Steel 1993, for those years effects of intermittent high inflation. Since November 1991, the GOM has in which there were non-recurring The methodology we used in Certain grants and equity infusions, we used as held no stock in AHMSA. Thus, in this Steel 1993 assumed that, in lieu of a our long-term benchmark discount rate administrative review, we are analyzing government equity infusion/grant, a the Costo Porcentual Promedio (CPP), the privatization of AHMSA in 1991 company would have had to take out a which is the average percentage cost of and, for purposes of this preliminary 15-year loan that was rolled over each funds for banks. We note we have determination, have applied the year at the prevailing nominal interest converted the CPP rate into a discount Department’s change in ownership rates, which for purposes of our rate using the formula that has been methodology described below. calculations were the CPP-based interest used in past Mexican cases. See e.g. (II) Change in Ownership Calculation rates discussed in the ‘‘Discount Rate’’ Final Results of Countervailing Duty Methodology section of this notice. The benefit in Administrative Review: Porcelain-on- each year of the 15-year period equaled Steel Cookingware from Mexico, 57 FR Under the Change in Ownership the principal plus interest payments 562, January 7, 1992, (POS Cookware methodology described in the GIA associated with the loan at the nominal 1992). We further note that for those concerning the treatment of subsidies interest rate prevailing in that year. years in which there were grants and received prior to the sale of a company Since we assumed that an infusion/ equity infusions and for which the or the spinning-off of a productive unit, grant given was equivalent to a 15-year Department had previously calculated a we estimate the portion of the purchase loan at the current rate in the first year, benchmark interest rate in a prior case, price attributable to prior subsidies. In a 14-year loan at current rates in the we used the rates calculated in those the investigation, we computed this by second year and so on, the benefit after cases (see, e.g., Final Results of first dividing the privatized company’s the 15-year period would be zero, just Countervailing Duty Administrative subsidies by the company’s net worth as with the Department’s grant Review: Porcelain-on-Steel Cookingware for each year during the period amortization methodology. Because from Mexico, 56 FR 26064 June 6, 1991, beginning with the earliest point at nominal interest rates were used, the Final Results of Countervailing Duty which non-recurring subsidies would be effects of inflation were already Administrative Review: Ceramic Tile attributable to the POI and ending one incorporated into the benefit. from Mexico, 57 FR 24247, June 8, 1992 year prior to the change in ownership. The methodology recognized that, (Ceramic Tile 1992), Final Results of We then took the simple average of absent dollarization of the subsidy, Countervailing Duty Administrative the ratios of subsidies to net worth. This there was no way given the significant Review: Certain Textile Mill Products simple average of the ratios serves as a inflation in 1983 through 1988 to (1) from Mexico, 56 FR 12175, March 22, reasonable surrogate for the portion that preserve a declining balance in the 1991 (Ceramic Tile 1991). In addition, subsidies constitute of the overall value benefit stream, and (2) reflect accurately we determined AHMSA to be of the company. Next, we multiplied the the effects of significant inflation. The uncreditworthy during the years 1983 average ratio by the purchase price to methodology used in Certain Steel 1993 through 1986. No new information or derive the portion of the purchase price recognized that in an environment with evidence of changed circumstances was attributable to repayment of prior significant inflation, asset appreciation presented in this review to warrant any subsidies. Finally, we reduced the due to inflation can often outweigh reconsideration of these findings. benefit streams of the prior subsidies by normal asset depreciation and cause In this administrative review, we have the ratio of the repayment amount to the benefits in some years to be higher than preliminarily determined that AHMSA net present value of all remaining in previous years. This methodology received additional non-recurring benefits at the time of privatization. was upheld in British Steel plc v. United grants, countervailable loans, and debt States, 127 F.3d 1471 (Fed. Cir. 1997) Inflation Methodology forgiveness since the POI. These (British Steel III). programs are discussed below in the In the original investigation of this For purposes of the preliminary ‘‘Analysis of Programs’’ section of this case, we determined, based on results of this administrative review, we notice. With respect to the non- information from the GOM, that Mexico have analyzed information provided by recurring, peso-denominated grants, we experienced significant inflation during the GOM and have found that Mexico, have preliminarily determined to 1983 through 1988. See Certain Steel again, experienced significant, continue using the CPP as our 1993, 58 FR at 37355. In accordance intermittent inflation during the period benchmark discount rate. Regarding with past practice, because we found 1991 through 1997. See the August 31, loans with interest payments significant inflation in Mexico and 1999, memorandum to the file, outstanding during the POR and U.S. because AHMSA adjusted for inflation ‘‘Presence of Significant Intermittent dollar-denominated non-recurring in its financial statements, we made Inflation During the POR,’’ a public grants received since the POI, AHMSA adjustments, where necessary, to document on file in the Central Records submitted company-specific interest account for inflation in the benefit Unit, Room B–099 of the Main rate information. During verification, we calculations. Commerce Building. In addition, we

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48799 learned at verification that AHMSA future capital increases for which new In their November 13, 1998, continued its practice of accounting for stock was issued to the GOM in 1987. submission, petitioners allege that inflation in its financial statements. See In Certain Steel 1993, 58 FR at 37356, AHMSA’s discounted prepayment of the page 4 of the AHMSA Verification we treated the full amount of debt outstanding principal in 1996 Report. Thus, we preliminarily assumed by the GOM in 1986 as a constituted a partial debt forgiveness on determine to use the benefit calculation countervailable, non-recurring grant. No behalf of the GOM. As a result of the methodology from Certain Steel 1993, new information or evidence of changed prepayment, petitioners allege that described above, for all non-recurring, circumstances was presented in this AHMSA realized an extraordinary peso-denominated grants received since review to warrant any reconsideration of income gain approximately equal to the the POI. these findings. difference between the principal and the amount of the prepayment. Petitioners Analysis of Programs To calculate the countervailable benefit in the POR, we used the allege that this extraordinary income I. Programs Conferring Subsidies methodology for intermittent, provided a countervailable benefit to AHMSA because the company repaid A. GOM Equity Infusions significant inflation described above. We then divided the benefit attributable the debt at a 26.4 percent discount, In Certain Steel 1993, 58 FR at 37356, to the POR, adjusted to reflect the which is not consistent with we determined that the GOM made change in ownership described above, commercial terms. equity infusions in AHMSA in 1977, by the total sales of AHMSA during the During the verification of the each year from 1979 through 1987, 1990 same period. On this basis, we questionnaire responses submitted and 1991. Shares of common stock were preliminarily determine the net subsidy during this review, we learned that, in issued for all of these infusions and for this program to be 1.84 percent ad order to determine the amount of the were made annually as part of the valorem for AHMSA. discounted prepayment that AHMSA GOM’s budgetary process as per the was to make in June of 1996, the Federal Law on State Companies. At the C. 1988 and 1990 Debt Restructuring of company and the GOM created time of these infusions, AHMSA was AHMSA Debt and the Resulting amortization tables for each of the almost entirely a government-owned Discounted Prepayment in 1996 of foreign currency loans. Next, they company. AHMSA’s Restructured Debt Owed to converted these payment streams into In Certain Steel 1993, 58 FR at 37356, the GOM U.S. dollars and calculated the net we found AHMSA to be unequityworthy present value for each of them. Then, In 1987, the GOM negotiated an in each year from 1979 through 1987, they summed the U.S. dollar agreement with foreign creditors to and in 1990 and 1991. Accordingly, we denominated net present values to restructure the debt of AHMSA and determined that the equity infusions by derive the amount of the discounted several other Mexican parastatal the GOM into AHMSA in these years prepayment to be made in U.S. dollars. were inconsistent with commercial companies. Under the agreement, the In this review, we have preliminarily considerations. In addition, because the parastatal companies remained indebted determined that AHMSA’s discounted infusions were made to a single to the foreign banks. The GOM again prepayment of its 1988 and 1990 enterprise, we determined that they negotiated on behalf of AHMSA debt restructured debts constitutes a were specific within the meaning of the restructuring agreements in 1988 and countervailable benefit. At verification, section 771(5A)(D) of the Act. Thus, 1990. Under these agreements, the GOM we confirmed that the amount of because these equity infusions were purchased AHMSA’s debts, which were AHMSA’s discounted prepayment specific and inconsistent with denominated in several foreign resulted in a reduction of the principal commercial considerations, we found currencies, from AHMSA’s foreign owed by AHMSA on this debt. On this them to be countervailable. No new creditors in exchange for GOM debt. basis, we preliminarily determine that information or evidence of changed The GOM thereby became the creditor the difference between the principal circumstances was presented in this for loans included in these agreements. outstanding on AHMSA’s restructured review to warrant any reconsideration of During the proceeding of Certain Steel debt and the amount of its discounted these findings. 1993, the GOM claimed that AHMSA’s prepayment constitutes debt forgiveness To calculate the countervailable principal repayment obligations on the part of the GOM. In addition, we benefit in the POR, we used the remained the same after the debt preliminarily determine that the benefit methodology for intermittent, restructuring. However, in Certain Steel was conferred in 1996, the year in significant inflation described above. 1993, we could not verify that none of which the debt forgiveness took place. We then divided the benefit attributable AHMSA’s principal obligations on its Because the debt forgiveness was made to the POR, adjusted to reflect the debt was forgiven in the 1988 and 1990 to a single enterprise, we also change in ownership described above, debt restructuring agreements. Thus, preliminarily determine that it is by the total sales of AHMSA during the based upon the facts available to the specific within the meaning of the same period. On this basis, we Department at the time of the section 771(5A)(D) of the Act. preliminarily determine the net subsidy investigation, we assumed that the Because the principal forgiveness was for this program to be 1.54 percent ad principal had been forgiven in the denominated in U.S. dollars, we used valorem for AHMSA. amount of the discount the GOM had the Department’s standard non- received when purchasing the debt from recurring grant methodology to allocate B. 1986 Assumption of AHMSA’s Debt AHMSA’s foreign creditors. Thus, we the benefit to the POR. We used as our In 1986, the GOM negotiated an treated the forgiven principal as a non- discount rate, the weighted-average of agreement with AHMSA through which recurring grant. During this AHMSA’s fixed-rate, U.S. dollar loans the GOM assumed a portion of administrative review, AHMSA claimed that were received during the year of AHMSA’s debt. One part of this debt that, in June 1996, it repaid its receipt. We then divided the benefit assumption was recorded as a reduction restructured debt in the form of a attributable to the POR by AHMSA’s in the company’s accumulated past discounted prepayment to the GOM, total sales in U.S. dollars during the losses. For a second part, shares of stock thereby extinguishing its financial same period. On this basis, we were issued; a third part was held for obligations to the GOM. preliminarily determine the net subsidy

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.118 pfrm04 PsN: 08SEN1 48800 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices for this program to be 0.53 percent ad for this program to be 0.05 percent ad AHMSA’s purchasers did not wish to valorem for AHMSA. valorem for AHMSA. purchase and which they did not pay for. As Certain Steel 1993 indicates, D. IMIS Research and Development E. Pre-privatization Lay-off Financing GAN’s purchase bid specifically Grants from the GOM and the 1991 Equity detailed the assets which GAN wished Infusion in Connection with the Debt to The Instituto Mexicano de to purchase. We note that the Equity Swap of PROCARSA Investigaciones Siderurgicas (IMIS), or ‘‘unnecessary assets’’ were not included the Mexican Institute of Steel Research, During the verification of Certain in GAN’s purchase price offer. The was a government-owned research and Steel 1993, the Department discovered GOM included these assets when GAN’s development organization that that the GOM loaned AHMSA money to purchase of AHMSA took place. Thus, performed independent and joint cover the cost of personnel lay-offs we preliminarily determine that venture research with the iron and steel which the GOM felt were necessary to AHMSA’s use of these ‘‘unnecessary industry. make AHMSA more attractive to assets,’’ assets which were effectively In Certain Steel 1993, 58 FR at 37359, potential purchasers. The Department given to AHMSA free of charge, to repay the Department found that IMIS’s learned that this loan did not accrue this loan, constitutes debt forgiveness of activities with AHMSA fell into two interest after September 30, 1991. this loan. Accordingly, we preliminarily categories: joint venture activities and Further, the Department learned that the determine that the entire amount of the non-joint venture activities. We GOM was allowing the privatized pre-privatization lay-off financing was a determined that IMIS’s non-joint AHMSA to repay this loan with the non-recurring grant received in 1994, venture activities with AHMSA were transfer of AHMSA assets back to the the time the loan was forgiven. not countervailable. However, the GOM. The assets which AHMSA was In their November 13, 1998 Department determined that joint using to repay the loan were assets submission, petitioners allege that, with venture activities were countervailable, which Grupo Acerero del Norte, S.A. de the transfer of the ‘‘unnecessary assets,’’ and we treated IMIS’s contributions to C.V. (GAN), the purchaser of AHMSA, AHMSA received an equity infusion in joint venture activities as non-recurring had not wished to purchase but which connection with a debt-to-equity swap grants and allocated the benefits over the GOM included in the sale package. involving the majority government- See Certain Steel 1993, 58 FR at 37360. AHMSA’s AUL. owned company, Procesadora de Aceros These assets were characterized as During verification in Certain Steel Rasini, S.A. de C.V. (PROCARSA). ‘‘unnecessary assets’’ or assets not 1993, AHMSA submitted new Specifically, petitioners allege that necessary to the production of steel. information indicating that the company AHMSA received the PROCARSA Since the information about this shares and subsequently liquidated utilized services and generated purchase financing and its repayment came to them, thereby constituting an equity orders related to its activities with IMIS. light only at verification of the infusion in AHMSA by the GOM. In Certain Steel 1993, we found that questionnaire responses submitted During the verification of the AHMSA’s use of IMIS services was during the investigation, we were questionnaire responses submitted in related to its joint venture activities and, unable to determine whether this loan this review, we learned that, in 1991, therefore, was countervailable. In relieved AHMSA of an obligation it AHMSA received shares in PROCARSA addition, because the Department was would otherwise have borne with in lieu of an accounts receivable unable to determine whether the respect to the laid-off workers. Thus, in payment that PROCARSA owed in purchase orders were related to Certain Steel 1993, 58 FR at 37361, we approximately the same amount. AHMSA’s joint venture activities, we calculated the benefit by treating the Furthermore, we learned that AHMSA determined, as best information financing as an interest-free loan. did not liquidate its shareholdings in available, that funds linked to these In the current review, AHMSA has PROCARSA as petitioners allege. purchase orders provided claimed that it extinguished its pre- Rather, the PROCARSA shareholdings countervailable benefits. No new privatization lay-off financing debt with were included as part of the information or evidence of changed the transfer of these ‘‘unnecessary ‘‘unnecessary assets’’ that the company circumstances was presented in this assets.’’ The record of the investigation transferred to the GOM as payment for review to warrant any reconsideration of indicates that these assets were the pre-privatization lay-off financing. these findings. included by the GOM in the sale of Thus, AHMSA’s shares in We note that during this AHMSA despite the fact that GAN, the PROCARSA are among the administrative review, the GOM purchaser of AHMSA, indicated that it ‘‘unnecessary assets’’ that GAN received reported that IMIS was terminated by did not wish to purchase those assets, when it purchased AHMSA in 1991. As Government decree on November 4, and GAN’s bid for AHMSA did not with the rest of the ‘‘unnecessary 1991. However, because the allocated include any funds for those assets. The assets,’’ we preliminarily determine that benefits of the non-recurring benefits record from the investigation further the countervailable benefit arises from that AHMSA received under this indicates that the value of those assets AHMSA’s use of the shares to repay the program extend into the POR, this was frozen in November 1991, and that, pre-privatization lay-off financing and program continues to confer a as of that date, the assets were neither not, as petitioners allege, from countervailable benefit. depreciated nor revalued for inflation, AHMSA’s acquisition of the shares. To calculate the countervailable both of which are standard accounting To calculate the countervailable benefit in the POR, we used the practices in Mexico. benefit in the POR, we used the methodology for intermittent, Although a loan that provides methodology for intermittent, significant inflation described above. countervailable benefits normally ceases significant inflation described above. We then divided the benefit attributable to do so once it has been fully repaid, We then divided the benefit from the to the POR, adjusted to reflect the we preliminarily determine that the pre-privatization lay-off financing, change in ownership described above, manner in which AHMSA has repaid including the 1991 equity infusion in by the total sales of AHMSA during the this loan conferred a countervailable connection with the debt to equity swap same period. On this basis, we benefit. AHMSA is repaying the loan of PROCARSA, attributable to the POR, preliminarily determine the net subsidy with the transfer of assets which by the total sales of AHMSA during the

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Those who qualify are exempt To calculate the countervailable program through which short-term from paying import duties and the value benefit in the POR, we determined the financing is provided to producers or added tax (VAT) on temporarily amount of import duty that AHMSA trading companies engaged in export imported goods that will be used in the would have paid absent the program for activities. These U.S. dollar- production of exports. Categories of each duty exemption that the company denominated loans provide financing merchandise eligible for PITEX import received on products not consumed in for working capital (pre-export loans), duty and VAT exemptions are raw the production of the exported product. and export sales (export loans). AHMSA materials, packing materials, fuels and Because eligibility for this program is used this program during the POR. lubricants, perishable materials, contingent upon exports, we divided the In Certain Steel 1993, 58 FR at 37357, machinery, and spare parts. benefit over AHMSA’s total export sales. we determined that, since these loans Machinery imported under the PITEX On this basis, we preliminarily are available only to exporters, program may only be imported on a determine the net subsidy to be 5.03 Bancomext loans are countervailable to temporary basis. When the items’ percent ad valorem for AHMSA. the extent that they are provided at temporary status has run out, companies As mentioned above, AHMSA also preferential rates. No new information must either send the machines back or received VAT exemptions on the or evidence of changed circumstances pay the import duties and VAT taxes products imported under the PITEX was presented in this review to warrant that were originally exempted. In program. At the verification of this any reconsideration of these findings. Certain Steel 1993, 58 FR at 37359, we review, we learned that PITEX To determine the benefit conferred found that machinery imported under companies receive an exemption on under the Bancomext export loan the PITEX program could stay in Mexico VAT because it is understood that they program, we compared the interest rate for five years initially and, after five are going to re-export the items at a later charged on these loans to a benchmark years, a manufacturer could renew the date. Non-PITEX companies, on the interest rate. As discussed in the temporary stay each year. At the other hand, must pay the VAT upon ‘‘Subsidies Valuation’’ section of this verification of this review, we learned importing the items and receive a notice, AHMSA submitted company- that the PITEX program was amended reimbursement at a later date. The specific interest rate information on such that companies that imported Department has previously determined short and long-term loans that it machinery under the program after 1998 that when the time-lag for the VAT received from commercial banks. Thus, cannot apply for an extension of their credits that all other companies we used the short-term loans to import duty exempt status. Rather, the eventually receive is short, VAT calculate a company-specific, weighted- period of temporary status is exemptions do not confer a measurable average, U.S. dollar-denominated determined as the time that the time-value-of-money benefit upon benchmark interest rate. We compared machinery and spare parts take to participating companies that received this company-specific benchmark rate to depreciate. After the items are fully the VAT exemption. See, e.g., Ball the interest rates charged on AHMSA’s depreciated, companies must send them Bearings and Parts Thereof From Bancomext loans and found that the back or pay the import duties and VAT Thailand; Final Results of interest rates charged were lower than that were originally exempted. Countervailing Duty Administrative the benchmark rates. Therefore, in However, regarding machinery imported Review, 60 FR 52379, 52373 (October 6, accordance with section 771(5)(E)(ii) of prior to 1998, we learned at the 1995) (Ball Bearings Final) and Ball the Act, we preliminarily determine that verification of this review that it can Bearings and Parts Thereof From this program conferred a countervailable remain in Mexico without liability for Thailand; Preliminary Results of benefit during the POR because the import duties and VAT, provided that Countervailing Duty Administrative interest rates charged on these loans the company maintains its PITEX status. Review, 61 FR 34794, 34796 (July 3, were less than what a company In accordance with past practice, we 1996) (Ball Bearings Preliminary). At the otherwise would have had to pay on a determined in Certain Steel 1993, 58 FR verification of this review, we learned comparable short-term commercial loan. at 37359, that PITEX benefits are that the amount of time that non-PITEX Because eligibility under this program countervailable to the extent that they companies had to wait for their VAT is contingent upon exports, we divided provide duty exemptions on imports of credits was not so much longer than the the benefit by AHMSA’s total export merchandise not consumed in the amount of time PITEX companies had to sales in U.S. dollars during the POR. On production of the exported product. See wait for their credits such that a this basis, we preliminarily determine POS Cookware 1992, 57 FR at 564, measurable time-value-of-money benefit the net subsidy for this program to be Ceramic Tile 1991, 56 FR at 12178, and was conferred on the PITEX companies. 0.10 percent ad valorem for AHMSA. Ceramic Tile 1992, 57 FR at 24248. No Thus, we preliminarily determine that new information or evidence of changed the VAT exemptions that AHMSA G. PITEX Duty-Free Imports for circumstances was presented in this received under the PITEX program are Companies That Export review to warrant any reconsideration of not countervailable. The Programa de Importacion these findings. Temporal Para Producir Productos Para At the verification of this review, we H. Immediate Deduction Exportar, or Program for Temporary learned that AHMSA used the PITEX The immediate deduction program Import for Producing Products for program to import raw materials, was established in 1987 and was subject Export (PITEX), was established by a containers and packing materials, fuels, to ongoing reforms until it was repealed decree published in the Diario Oficial perishable items and lubricants, and in 1998. It originated from Article 163 on September 19, 1985, and amended in various machinery and equipment. of Mexico’s Income Tax Law enacted in

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1981 and repealed in 1987. The the company. Rather, the program II. Programs Preliminarily Determined immediate deduction mechanism was changes the amount of deductions that To Be Not Countervailable available only for certain fixed assets a company can take on taxable income. A. Committed Investment that had not been previously used in The immediate deduction program is Mexico. The immediate deduction was not an accelerated depreciation In the 1991 privatization, GAN not available for pre-operation expenses program, which Mexico does not have. purchased AHMSA from the GOM. In or for deferred expenses and costs. The Mexican companies eligible to use addition to paying a certain amount in GOM’s stated purpose of the immediate immediate deduction basically have two cash, and assuming a portion of deduction program was to promote choices. Companies can either AHMSA’s debt, GAN committed to investment by allowing the future depreciate according to the normal investing another large sum of money in deduction of the investments, at their depreciation schedule in Mexico, or AHMSA. In their November 13, 1998, present value, at the time of the they can take a one-time immediate submission, petitioners allege that the investment. The immediate deduction deduction on the future depreciation of committed investment provides a option only applied to property used the item discounted back to its present countervailable subsidy because it is permanently within Mexico but outside value. If companies take the immediate revenue ‘‘otherwise due to the GOM the metropolitan areas of Mexico City, deduction, they will not be able to claim from GAN’s purchase of AHMSA, Guadalajara, and Monterrey. With all of the deductions that they would revenue which the GOM forewent’’ in respect to small firms (i.e., firms with a otherwise be able to take if they had exchange for requiring GAN to make gross income of 7 million pesos or less), utilized the standard straight line additional investments in AHMSA. the location restriction does not apply. depreciation method. In other words, Petitioners allege that these investments We note that the small firm only a certain percentage of the value of would not have otherwise occurred, as classification does not apply to the assets (as prescribed by law) are AHMSA was unequityworthy at the AHMSA. Immediate deduction could be used in the immediate deduction time (see Certain Steel 1993, 58 FR at taken, at the election of the tax-payer, in calculation. Regarding the net present 37354). Therefore, petitioners contend the tax year in which the investments in value calculation used to derive the that the investment commitment qualifying fixed assets were made, in immediate deduction, it is made at constitutes a ‘‘funding mechanism’’ the year in which these assets were first market rates as specified in the program within the meaning of the statute, to used, or in the following year. No prior legislation. which the GOM made payment by approval by the GOM was required to foregoing revenue otherwise due and At verification, we learned that losses which the GOM required GAN to use for use the immediate deduction option. (for tax purposes) can be carried forward We preliminarily determine that the the purposes of additional investments for 10 years and that the immediate immediate deduction program is in AHMSA. As equity investments into deduction figure is part of that loss specific to a region pursuant to section an unequityworthy company, carried forward. Therefore, the amount 771(5A)(D)(iv) of the Act. In this case, petitioners allege that the committed of the immediate deduction can be the ‘‘designated geographical region’’ investment constitutes a financial carried forward for up to 10 years. comprises all of Mexico except Mexico contribution which confers a benefit. In City, Guadalajara, and Monterrey. The In order to calculate the benefit from addition, petitioners allege that this Department has previously found other the immediate deduction program, we benefit is specific to AHMSA because GOM programs to be regionally specific examined AHMSA’s tax returns from this component of the privatization bid based on a comparable designated 1991, the year AHMSA began using the formula was limited to AHMSA. region. For example, in Portland program, to 1996, the year of the tax After carefully analyzing the Hydraulic Cement and Cement Clinker return filed during the POR. Since the committed investment, we disagree with From Mexico; Final Results of amount a company elects to take as an petitioners’ contention that it conferred Administrative Review of Countervailing immediate deduction, as well as all a benefit upon AHMSA. The record Duty Order, 50 FR 51732 (December 19, losses, can be carried forward for 10 evidence does not support petitioner’s 1985), the Department explained that years, we summed the immediate claim that GAN would not have made so-called Certificates of Fiscal deduction amounts from all the years these investments into AHMSA absent Promotion, or CEPROFIs, were prior to the first year in which AHMSA its express commitment to the GOM to regionally specific because they were had a taxable profit, which was 1995. do so. In fact, the record establishes that not available in Mexico City and certain We subtracted the 1995 taxable profit GAN invested more than was agreed to other cities in two states near Mexico from the total amount of available under the terms of its arrangement with City. See also Final Affirmative immediate deductions and then the GOM. Therefore, we preliminarily Countervailing Duty Determination: compared the result to the taxable profit determine that the committed Ceramic Tile from Mexico, 47 FR 20012 for 1996 to determine the amount of the investment did not confer a (May 10, 1982). Pursuant to section tax reduction based on the use of the countervailable benefit upon AHMSA. 771(5)(D)(ii) of the Act, we preliminarily immediate deduction program. To arrive Because there is no benefit, we need not determine that to extent that the GOM at the actual benefit we multiplied the reach the decision whether the is not collecting tax revenue that is amount of the reduction in taxable committed investment agreement otherwise due from AHMSA, it is income by Mexico’s corporate income constituted a financial contribution. providing a financial contribution. tax rate. We then divided the benefit B. Corporacion Mexicana de Pursuant to section 771(5)(E) of the Act, over AHMSA’s total sales. On this basis, because the immediate deduction we preliminarily determine the net Investigacion en Materiales, S.A. de C.V. program relieves certain companies of a subsidy to be 6.48 percent ad valorem (COMIMSA) tax burden that they would have for AHMSA. We invite comments on Although IMIS was terminated in otherwise incurred this program confers this methodology particularly with 1991, its equity was used to establish a benefit equal to the tax savings. respect to whether and how we should the Corporacion Mexicana de At verification, we learned that the account for normal depreciation in the Investigacion en Materiales, S.A. de C.V. immediate deduction program does not quantification of the benefit under this (COMIMSA), an organization charged change the taxable income declared by program. with continuing certain activities of

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IMIS. The GOM has reported that C. Waiver of Taxes on AHMSA Purchase owned railroad, is specific according to COMIMSA’s activities are comprised of of Fundadora de Monterrey, S.A. de section 771 (5A)(D) of the Act and is manufacturing parts and providing C.V. (FMSA) therefore countervailable. We found at verification that during services such as: environmental In Certain Steel 1993, 58 FR at 37365, the POR FNM was still government- engineering; structural integrity; the Department found that in 1991, a owned. FNM, the government entity lubricants; computers and software; portion of the assets of Fundadora de running the railroads, had an project engineering; and, laboratory Monterrey, S.A. de C.V. (FMSA) was established policy of providing analysis and testing. sold together with AHMSA. Petitioners discounts according to the volume of argued then that the Department should During verification we learned that material transported on its rails. We also have countervailed the GOM’s waiver of COMIMSA acts as a supplier to AHMSA found that a very large number of for laboratory analysis services and sales and title taxes on the FMSA assets. companies across a wide range of specifically engineered products for In Certain Steel 1993, 58 FR at 37365, industries, including AHMSA, which COMIMSA holds the exclusive we determined that, although the FMSA constituted ‘‘big accounts’’ that were production rights. The products sold to assets purchased along with AHMSA eligible for the largest volume-based AHMSA are mostly items for which should have been subject to sales and discounts. Industries represented in the COMIMSA’s predecessor, IMIS, title taxes, we would not consider the ‘‘big accounts’’ categories include the developed and obtained the design issue in reaching our final cement, auto parts, agriculture, beer, patents. These are usually key parts for determination because the FMSA assets steel, and mining industries. The important equipment. We learned at did not produce subject merchandise at deepest discount was only available to verification that since AHMSA has to the time of the investigations. However, customers, including AHMSA, that purchase these items only from in their November 13, 1998, submission, provided their own rolling stock. We COMIMSA the prices are very high petitioners allege that the FMSA assets verified that the discounts were made compared to similar items purchased began producing subject merchandise in public and that they applied equally to from other suppliers. AHMSA has 1994, thus making the waiver of taxes a every customer eligible for volume attempted to purchase the design countervailable event that conferred a discounts. We verified that benefits patents, but COMIMSA has refused to benefit to AHMSA’s production. under this program are widely and sell them. We found no evidence that In accordance with the Department’s evenly distributed throughout the COMIMSA provided AHMSA with any practice, benefits in the form of tax sectors with no sector receiving a research and development assistance. At waivers are expensed in the year of disproportionate amount. Because the verification we found that in situations receipt. Thus, given that the event in discounts provided by FNM are not where COMIMSA was a sole supplier of question occurred outside of the POR, limited to a specific enterprise or a particular item AHMSA, consistent the issue of whether FMSA produced industry, or group of enterprises or with its policy of attempting to subject merchandise at the time of the industries, we preliminarily determine minimize sole supplier situations, alleged tax waiver is moot. Therefore, that they are not countervailable. we preliminarily determine this sought out and found alternative E. ALTEX suppliers that could perform some of program to be not countervailable. In their November 13, 1998, the maintenance and installation D. Discounted Freight Rates services associated with these items. submission petitioners claim that the In their November 13, 1998, ALTEX program is designed to provide Because COMIMSA’s dealings with submission petitioners provided registered exporters with administrative AHMSA consist primarily of selling AHMSA’s 1993 annual report, which and financial assistance for product goods and services, the only relevant shows that negotiations between promotion. Under the ALTEX program, analysis in determining whether or not AHMSA and Ferrocarriles Nacionales assistance is limited to companies with a countervailable benefit has been de Mexico (FNM), the national railroad, export sales of at least U.S.$2 million provided by COMIMSA would be under led to a 9.2% reduction in freight tariffs annually or companies with export sales the ‘‘Adequate Remuneration’’ standard for the company in 1993. Petitioners of at least 40 percent of gross sales. codified at section 771(5)(E)(iv) of the allege that these rail rates are Companies must maintain a positive Act. Given the fact that AHMSA has (1) preferential and therefore the GOM, trade balance. In addition to paid very high prices on items for which through its state-owned railroad, administrative and financial assistance COMIMSA has exclusive design rights, provided rail services to AHMSA for for promotion, petitioners allege that (2) attempted to purchase the design less than adequate remuneration. Based ALTEX entities are provided with rights for items COMIMSA produces for on the information that was reasonably PITEX program benefits (companies that AHMSA, (3) consistently attempted to available to them at the time, petitioners export a certain percentage of their find alternative suppliers to COMIMSA, alleged that AHMSA may have received goods do not pay duties on imports used and (4) has gone to outside suppliers for similar benefits during the years 1994 in the production of exported goods). installation and maintenance of items through 1997. Petitioners further allege that immediate purchased from COMIMSA, we Section 771(5)(E)(iv) of the Act states VAT refunds and increased financial preliminarily determine that COMIMSA that a benefit shall normally be treated support from the GOM in the form of is not providing its goods and services as conferred when ‘‘goods and services debt supplied at preferred interest rates to AHMSA at less than ‘‘adequate are provided for less than adequate through Bancomext, are additional remuneration.’’ COMIMSA’s behavior is remuneration.’’ To the extent that benefits available to exporters that more consistent with that of a monopoly AHMSA’s negotiated freight tariffs are qualify under the ALTEX program. supplier for certain items, i.e., it is less than what other companies could At verification we learned that the selling above adequate remuneration. receive for the same services, a ALTEX program provides Therefore, we find that COMIMSA’s countervailable benefit may be administrative facilities to exporters in provision of goods and services to conferred. However, we must first the form of immediate VAT AHMSA does not provide a determine if this program, i.e., discounts reimbursements. We asked government countervailable benefit. on freight rates by the government- officials to describe the benefits of being

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.125 pfrm04 PsN: 08SEN1 48804 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices designated as an ALTEX company. accelerated VAT refunds under the company-specific benchmark rate to the GOM officials explained that it usually ALTEX program are not countervailable. interest rates charged on AHMSA’s takes about 60 days for the GOM to Nafinsa loan and found that the interest III. Other Program Examined reimburse non-ALTEX companies while rates charged were higher than the only taking 15 days to reimburse ALTEX A. NAFINSA benchmark rate. Therefore, we companies. Regarding eligibility Nafinsa provides long-term financing preliminarily determine that this requirements, GOM officials said that to Mexican enterprises in various program did not confer a exports must constitute 40 percent of geographical areas of Mexico. Until countervailable benefit during the POR participating companies’ sales or a December 31, 1988, Nafinsa acted as a because the interest rates charged on minimum of 2 million U.S. dollars of first-tier bank, i.e., a commercial bank, this loan was higher than what a their total sales. providing funds directly to Mexican company otherwise would have had to In addition to receiving VAT firms. In 1989, Nafinsa began acting as pay on a comparable long-term redemptions on an expedited basis, a second-tier bank—a bank which acts commercial loan. GOM officials explained that ALTEX as an intermediary between various IV. Programs Not Used companies are eligible to receive international lending organizations and A. Bancomext Short-Term Import detailed import and export information Mexican commercial banks. During the on a product-specific basis for free Financing POR, Nafinsa acted only as a second-tier B. FONEI Long-Term Financing while non-ALTEX companies must pay bank for new loans. We found during a nominal amount for access to the C. Export Financial Restructuring verification that Nafinsa still D. Bancomext Trade Promotion Services information. We learned, however, that administers loans granted prior to 1989 and Technical Support the fee paid by non-ALTEX companies for which it acted as the first-tier bank E. ECEX is very nominal such that the and long-term loans previously taken F. Article 15 & 94 Loans differential between ALTEX and non- out under the FONEI program. AHMSA ALTEX companies is not significant. had a Nafinsa long-term loan Preliminary Results of Review We also learned at verification that outstanding during the POR, for which In accordance with 19 C.F.R. loans, such as the type of loans offered Nafinsa acted as a second tier bank. 351.221(b)(4)(i), we have calculated an under the Bancomext program, are not We learned at verification that in its individual subsidy rate for AHMSA, the offered under the ALTEX program. We capacity as a second-tier bank Nafinsa producer/exporter subject to this verified that enrollment under the establishes a rate to be charged to the administrative review. For the period ALTEX program does not have any commercial banks after which the banks January 1, 1997 through December 31, bearing on the bestowal of loans under and the companies independently 1997, we preliminarily determine the the Bancomext program. In addition, negotiate the final interest rate. The net subsidy for AHMSA to be 16.31 benefits under the ALTEX program that GOM has no involvement in the percent ad valorem. If the final results are described in the program legislation negotiating process between the of this review remain the same as these are listed under a section that is commercial banks and companies. The preliminary results, the Department separate from the section in which the core rate that Nafinsa charges to intends to instruct the U.S. Customs Bancomext program is discussed, commercial banks is the same regardless Service to assess countervailing duties thereby indicating that the two of the size of the ultimate recipient. We for AHMSA at 16.31 percent ad valorem programs are not related. verified that the commercial banks were of the f.o.b. invoice price on all Regarding VAT refunds, we verified free to determine the interest rate shipments of the subject merchandise that the ALTEX program was intended charged to the companies. We found from AHMSA, entered, or withdrawn to reduce the amount of time exporters that, while the government does not from warehouse, for consumption on or had to wait for VAT refunds. We found know which company will ultimately after the date of publication of the final that, according to the law, ALTEX receive the loan at the time the money results of this review. companies are supposed to receive their is lent to the commercial bank, the Because the URAA replaced the refunds in 7 days as opposed to non- banks must eventually inform Nafinsa of general rule in favor of a country-wide ALTEX companies that usually must the ultimate recipient via an annual rate with a general rule in favor of wait approximately 50 days. Companies report that participating banks must individual rates for investigated and have the option of reimbursement in the submit to the GOM. AHMSA had one reviewed companies, the procedures for following month or they can apply the outstanding NAFINSA loan with establishing countervailing duty rates, credit to any VAT payments due the principal and interest during the POR. including those for non-reviewed following month. The company received this loan from a companies, are now essentially the same The Department has previously commercial bank which acted as the as those in antidumping cases, except as determined that when the time-lag for first tier bank for the financing. This provided for in section 777A(e)(2)(B) of VAT credits that all other companies was a long-term variable rate loan. the Act. The requested review will eventually receive is short, VAT To determine the benefit we normally cover only those companies exemptions do not confer a measurable compared the interest rate charged on specifically named. See 19 C.F.R. time-value-of-money benefit upon this loan to a benchmark interest rate. 355.22(b). Pursuant to 19 C.F.R. participating companies that received As discussed in the ‘‘Subsidies 355.22(c), for all companies for which a the VAT exemption. See, e.g., Ball Valuation’’ section of this notice, review was not requested, duties must Bearings Final, 60 FR at 52373 and Ball AHMSA submitted company-specific be assessed at the cash deposit rate, and Bearings Preliminary, 61 FR at 37796. interest rate information on short and cash deposits must continue to be As in these cited cases, the time long-term loans that it received from collected, at the rate previously ordered. difference between ALTEX company commercial banks. Thus, we used the As such, the countervailing duty cash refunds and non-ALTEX company long-term variable rate loans to calculate deposit rate applicable to a company refunds was not long enough to confer a company-specific, weighted-average, can no longer change, except pursuant a time-value-of-money benefit. Thus, we U.S. dollar-denominated benchmark to a request for a review of that preliminarily determine that the interest rate. We compared this company. See Federal-Mogul

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Corporation and The Torrington hearing, if requested, will be held two Applicable Statute and Regulations Company v. United States, 822 F. Supp. days after the date for submission of Unless otherwise indicated, all 782 (CIT 1993) and Floral Trade Council rebuttal briefs, that is, thirty-seven days citations to the statute are references to v. United States, 822 F. Supp. 766 (CIT after the date of publication of these the provisions of the Tariff Act of 1930, 1993) (interpreting 19 C.F.R. 353.22(e), preliminary results. as amended by the Uruguay Round the antidumping regulation on The Department will publish the final Agreements Act (‘‘URAA’’), effective automatic assessment, which is results of this administrative review, January 1, 1995 (‘‘the Act’’). The identical to 19 C.F.R. 355.22(g)). including the results of its analysis of Department of Commerce (‘‘the Therefore, the cash deposit rates for all issues raised in any case or rebuttal brief Department’’) is conducting these companies except those covered by this or at a hearing. administrative reviews in accordance review will be unchanged by the results This administrative review is issued with section 751(a) of the Act. In of this review. and published in accordance with addition, unless otherwise indicated, all We will instruct Customs to continue sections 751(a)(1) and 777(i)(1) of the citation to the Department’s regulations to collect cash deposits for non- Act (19 U.S.C. 1675(a)(1) and 19 U.S.C. are to the regulations codified at 19 CFR reviewed companies at the most recent 1677f(i)(1)). company-specific or country-wide rate Part 351 (1998). Dated: August 31, 1999. applicable to the company. Accordingly, Background the cash deposit rates that will be Richard W. Moreland, On August 31, 1992, the Department applied to non-reviewed companies Acting Assistant Secretary for Import covered by this order are those Administration. published in the Federal Register the established in the most recently [FR Doc. 99–23323 Filed 9–7–99; 8:45 am] countervailing duty orders on pure completed administrative proceeding BILLING CODE 3510±DS±P magnesium and alloy magnesium from conducted under the URAA. If such a Canada (57 FR 39392). review has not been conducted, the rate In accordance with 19 CFR established in the most recently DEPARTMENT OF COMMERCE 351.213(b), the reviews of these orders cover those producers or exporters of completed administrative proceeding International Trade Administration pursuant to the statutory provisions that the subject merchandise for which a were in effect prior to the URAA [C±122±815] review was specifically requested. amendments is applicable. See Certain Accordingly, these reviews cover only Steel 1993. These rates shall apply to all Pure Magnesium and Alloy Magnesium Norsk Hydro Canada, Inc. (‘‘NHCI’’), the non-reviewed companies until a review From Canada: Final Results of sole producer or exporter of the subject of a company assigned these rates is Countervailing Duty Administrative merchandise for which a review was requested. In addition, for the period Reviews requested. The petitioner in these reviews is the Magnesium Corporation January 1, 1997 through December 31, AGENCY: Import Administration, 1997, the assessment rates applicable to of America. These reviews cover 17 International Trade Administration, programs. all non-reviewed companies covered by Department of Commerce. this order are the cash deposit rates in In the preliminary results of these ACTION: effect at the time of entry. Notice of final results of reviews, the Department invited countervailing duty administrative interested parties to comment on the Public Comment reviews. results (See Pure Magnesium and Alloy Pursuant to 19 C.F.R. 351.224(b), the Magnesium From Canada: Preliminary SUMMARY: On May 7, 1999, the Department will disclose to parties to Results of the Sixth Countervailing Duty Department of Commerce published in the proceeding any calculations Administrative Reviews, 64 FR 24585 the Federal Register its preliminary performed in connection with these (May 7, 1999) (‘‘Preliminary Results’’)). results of the administrative reviews of preliminary results within five days However, no case briefs or rebuttal the countervailing duty orders on pure after the date of publication of this briefs were filed by interested parties. magnesium and alloy magnesium from notice. Pursuant to 19 C.F.R. 351.309, The Department did not conduct a interested parties may submit written Canada for the period January 1, 1997, hearing for these reviews because none comments in response to these through December 31, 1997. The was requested. preliminary results. Case briefs must be Department has now completed these Scope of the Reviews submitted within 30 days after the date reviews in accordance with section of publication of this notice, and 751(a) of the Act. For information on the The products covered by these rebuttal briefs, limited to arguments net subsidy rate for the reviewed reviews are shipments of pure raised in case briefs, must be submitted company, as well as for all non- magnesium and alloy magnesium from no later than five days after the time reviewed companies, see the Final Canada. Pure magnesium contains at limit for filing case briefs. Parties who Results of Reviews section of this least 99.8 percent magnesium by weight submit argument in this proceeding are notice. We will instruct the U.S. and is sold in various slab and ingot requested to submit with the argument: Customs Service to assess forms and sizes. Magnesium alloys (1) a statement of the issue, and (2) a countervailing duties accordingly. contain less than 99.8 percent brief summary of the argument. Case EFFECTIVE DATE: September 8, 1999. magnesium by weight with magnesium and rebuttal briefs must be served on FOR FURTHER INFORMATION CONTACT: being the largest metallic element in the interested parties in accordance with 19 Annika O’Hara or Blanche Ziv, AD/CVD alloy by weight, and are sold in various C.F.R. 351.303(f). Also, pursuant to 19 Enforcement, Group I, Office 1, Import ingot and billet forms and sizes. C.F.R. 351.310, within 30 days of the Administration, International Trade The merchandise under review is date of publication of this notice, Administration, U.S. Department of currently classifiable under items interested parties may request a public Commerce, 14th Street and Constitution 8104.11.0000 and 8104.19.0000 of the hearing on arguments to be raised in the Avenue, N.W., Washington, D.C. 20230; Harmonized Tariff Schedule of the case and rebuttal briefs. Unless the telephone: (202) 482–3798 or (202) 482– United States (‘‘HTSUS’’). Although the Secretary specifies otherwise, the 4207, respectively. HTSUS subheadings are provided for

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.128 pfrm04 PsN: 08SEN1 48806 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices convenience and customs purposes, our • Canada-Que´bec Subsidiary CFR 351.213(b)). Pursuant to 19 CFR written description of the scope of these Agreement on the Economic 351.212(c), for all companies for which reviews is dispositive. Development of the Regions of a review was not requested, duties must Secondary and granular magnesium Que´bec be assessed at the cash deposit rate, and are not included in the scope of these • Opportunities to Stimulate cash deposits must continue to be orders. Our reasons for excluding Technology Programs collected at the rate previously ordered. granular magnesium are summarized in • Development Assistance Program As such, the countervailing duty cash the Preliminary Determination of Sales • Industrial Feasibility Study deposit rate applicable to a company at Less Than Fair Value: Pure and Alloy Assistance Program can no longer change, except pursuant • Export Promotion Assistance Program Magnesium From Canada, 57 FR 6094 • to a request for a review of that (February 20, 1992). Creation of Scientific Jobs in company. See Federal-Mogul Industries Corporation and The Torrington Period of Review • Business Investment Assistance Company v. United States, 822 F. Supp. The period of review (‘‘POR’’) for Program 782 (CIT 1993) and Floral Trade Council • Business Financing Program which we are measuring subsidies is v. United States, 822 F. Supp. 766 (CIT • Research and Innovation Activities from January 1, 1997 through December 1993) (interpreting 19 CFR 353.22(e), 31, 1997. Program • Export Assistance Program the antidumping regulation on Analysis of Programs • Energy Technologies Development automatic assessment, which parallels Program 19 CFR 355.22(g), the predecessor to 19 I. Programs Conferring Subsidies • Transportation Research and CFR 351.212(c)). Therefore, the cash I. Programs Conferring Subsidies Development Assistance Program. deposit rates for all companies except We have not received any new NHCI are unchanged by the results of A. Exemption from Payment of Water these reviews. Bills information or comments on these programs which would lead us to We will instruct Customs to continue In the Preliminary Results, we found change our findings from the to collect cash deposits for non- that this program conferred a Preliminary Results. reviewed companies (except for countervailable benefit on the subject Timminco Limited, which was excluded merchandise. We also preliminarily Final Results of Reviews from the order in the original determined that the program was In accordance with 19 CFR investigations) at the most recent terminated during the POR, that no 351.221(b)(5), we calculated an company-specific or country-wide rate residual benefits were being provided or individual subsidy rate for each applicable to the company. Accordingly, received, and that no substitute program producer or exporter subject to these the cash deposit rates that will be had been implemented. We have not administrative reviews. For the period applied to non-reviewed companies received any new information or January 1, 1997, through December 31, covered by these orders are those comments which would lead us to 1997, we determine the net subsidy rate established in the most recently change our preliminary findings. On for NHCI, the only producer or exporter completed administrative proceeding. this basis, we determine that the net subject to these reviews, to be 2.02 See Final Results of the Second subsidy rate for this program during the percent ad valorem. We will instruct the Countervailing Duty Administrative POR is 0.18 percent for NHCI. Moreover, U.S. Customs Service (‘‘Customs’’) to Reviews: Pure Magnesium and Alloy because this program was terminated assess countervailing duties in this Magnesium from Canada, 62 FR 48607 during the POR, we do not intend to amount for all entries of the subject (September 16, 1997). These rates shall examine it in the future and the cash merchandise produced and/or exported apply to all non-reviewed companies deposit rate will be zero for this by NHCI during this period. The until a review of a company assigned program. Department will also instruct Customs these rates is completed. In addition, for to collect cash deposits of estimated the period January 1, 1997, through B. Article 7 Grants from the Que´bec December 31, 1997, the assessment rates Industrial Development Corporation countervailing duties (exclusive of the net subsidy rate calculated for the water applicable to all non-reviewed In the Preliminary Results, we found program; see section I.A. above) at the companies covered by these orders are that this program conferred a rate of 1.84 percent of the f.o.b. invoice the cash deposit rates in effect at the countervailable benefit on the subject prices on all shipments of the subject time of entry, except for Timminco merchandise. We have not received any merchandise from NHCI, entered, or Limited (which was excluded from the new information or comments which withdrawn from warehouse, for order in the original investigations). would lead us to change our consumption on or after the date of This notice serves as a reminder to preliminary findings. On this basis, we publication of the final results of these parties subject to an administrative determine that the net subsidy rate for administrative reviews. protective order (‘‘APO’’) of their this program during the POR is 1.84 Because the URAA replaced the responsibility concerning the percent for NHCI. general rule in favor of a country-wide disposition of proprietary information disclosed under APO in accordance II. Programs Found Not to be Used rate with a general rule in favor of individual rates for investigated and with 19 CFR 351.301. Timely written In the Preliminary Results, we found reviewed companies, the procedures for notification of return or destruction of that NHCI did not apply for or receive establishing countervailing duty rates, APO materials or conversion to judicial benefits under the following programs including those for non-reviewed protective order is hereby requested. during the POR: companies, are now essentially the same Failure to comply with the regulations • St. Lawrence River Environment as those in antidumping cases, except as and the terms of an APO is a Technology Development Program provided for in section 777A(e)(2)(B) of sanctionable violation. • Program for Export Market the Act. Consequently, the requested These administrative reviews and Development review will normally cover only those notice are in accordance with sections • Export Development Corporation companies specifically named (see 19 751(a)(1) and 777(i)(1) of the Act.

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Dated: August 31, 1999. presentation on artificial reefs, and a recent appeals on stand-down and Richard W. Moreland, new wetland restoration technique. season change action. Acting Assistant Secretary for Import Although other issues not listed in 3. Report on Tanner crab rebuilding Administration. this agenda may come before the AP for analysis. [FR Doc. 99–23329 Filed 9–7–99; 8:45 am] discussion, in accordance with the 4. Status of the Crab Observer BILLING CODE 3510±DS±M Magnuson-Stevens Fishery Program. Conservation and Management Act, After presentations by the Alaska those issues may not be the subject of Department of Fish and Game staff, the DEPARTMENT OF COMMERCE formal action during this meeting. The committee will discuss and may make AP’s actions will be restricted to those recommendations on any of the listed National Oceanic and Atmospheric issues specifically identified in the subjects. Administration agenda listed as available by this notice. Although other issues not contained in this agenda may come before this [I.D. 082699C] Special Accommodations committee for discussion, in accordance This meeting is physically accessible Gulf of Mexico Fishery Management with the Magnuson-Stevens Fishery to people with disabilities. Requests for Council; Public Meeting Conservation and Management Act, sign language interpretation or other those issues may not be the subject of AGENCY: National Marine Fisheries auxiliary aids should be directed to formal action during this meeting. Service (NMFS), National Oceanic and Anne Alford at the Council (see Action will be restricted to those issues Atmospheric Administration (NOAA), ADDRESSES) by September 14, 1999. specifically listed in this notice. Commerce. Dated: September 1, 1999. Special Accommodations ACTION: Notice of public meeting. Bruce C. Morehead, These meetings are physically Acting Director, Office of Sustainable SUMMARY: The Gulf of Mexico Fishery accessible to people with disabilities. Fisheries, National Marine Fisheries Service. Management Council (Council) will Requests for sign language convene a public meeting of the Texas [FR Doc. 99–23318 Filed 9–7–99; 8:45 am] interpretation or other auxiliary aids Habitat Protection Advisory Panel (AP). BILLING CODE 3510±22±F should be directed to Helen Allen, 907– DATES: The meeting will begin at 9:00 271–2809, at least 5 working days prior to the meeting date. a.m. on Tuesday, September 21, 1999 DEPARTMENT OF COMMERCE and conclude by 3:00 p.m. Dated: September 1, 1999. ADDRESSES: The meeting will be held at National Oceanic and Atmospheric Bruce C. Morehead, the Hilton Houston Hobby Airport 8181 Administration Acting Director, Office of Sustainable Airport Boulevard, Houston, TX 77061; [I.D. 083199D] Fisheries, National Marine Fisheries Service. telephone: 713–645–3000. [FR Doc. 99–23320 Filed 9–7–99; 8:45 am] Council address: Gulf of Mexico North Pacific Fishery Management BILLING CODE 3510±22±F Fishery Management Council, 3018 U.S. Council; Public Meeting Highway 301 North, Suite 1000, Tampa, AGENCY: National Marine Fisheries FL 33619. DEPARTMENT OF COMMERCE Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: Jeff Rester, Gulf States Marine Fisheries Atmospheric Administration (NOAA), National Oceanic and Atmospheric Commission; telephone: 228–875–5912. Commerce. Administration ACTION: Notice of committee meeting. SUPPLEMENTARY INFORMATION: The Texas [I.D. 082599C] group is part of a three unit Habitat SUMMARY: The Pacific Northwest Crab Protection Advisory Panel of the Gulf of Industry Advisory Committee has Western Pacific Fishery Management Mexico Fishery Management Council. scheduled a meeting. Council; Public Meeting The principal role of the advisory DATES: The meeting will be held on AGENCY: National Marine Fisheries panels is to assist the Council in Wednesday, September 29, 1999, 9:00 Service (NMFS), National Oceanic and attempting to maintain optimum a.m. Atmospheric Administration (NOAA), conditions within the habitat and ADDRESSES: The meeting will be held at Commerce. ecosystems supporting the marine the Leif Erickson Lodge, 2245 NW 57th ACTION: Notice of public meeting. resources of the Gulf of Mexico. Street, Seattle, WA. Advisory panels serve as a first alert Council address: North Pacific SUMMARY: The Western Pacific Fishery system to call to the Council’s attention Fishery Management Council, 605 W. Management Council’s (Council) proposed projects being developed and 4th Ave., Suite 306, Anchorage, AK Recreational Fisheries Data Task Force other activities which may adversely 99501–2252. (RFDTF) will hold a meeting. impact the Gulf marine fisheries and FOR FURTHER INFORMATION CONTACT: Arni DATES: The meeting will be held on their supporting ecosystems. The panels Thomson, Alaska Crab Coalition; September 21, 1999, from 8:30 a.m. to may also provide advice to the Council telephone: 206–547–7560. 5:00 p.m. on its policies and procedures for SUPPLEMENTARY INFORMATION: The ADDRESSES: The meeting will be held at addressing environmental affairs. Pacific Northwest Crab Industry the Council office, 1164 Bishop St., At this meeting, the AP will discuss Advisory Committee will meet with Suite 1400, Honolulu, HI 96813. revision of the Council’s Habitat Policy representatives of the Alaska to include Essential Fish Habitat (EFH) Department of Fish and Game to receive FOR FURTHER INFORMATION CONTACT: provisions, an update on EFH reports and information on the Kitty M. Simonds, Executive Director; assessments in Council fishery following subjects: telephone: 808–522–8220. management plan amendments, an 1. Status of crab stocks and resulting SUPPLEMENTARY INFORMATION: This will update on the status of the EFH lawsuit, guideline harvest levels. be the first meeting of the RFDTF which expansion of the Houston Ship Channel 2. Report on recent Alaska Board of will discuss the following topics: the in Galveston Bay, an informational Fisheries activities, including update on need and importance of recreational

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 48808 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices fisheries data, recreational fisheries Authority: Section 204 of the Agricultural 2 Category 239pt.: only HTS number studies in Hawaii over the past 20 years, Act of 1956, as amended (7 U.S.C. 1854); 6209.20.5040 (diapers). 3 Category 340±D: only HTS numbers management of recreational fisheries in Executive Order 11651 of March 3, 1972, as amended. 6205.20.2015, 6205.20.2020, 6205.20.2025 the Atlantic and Gulf of Mexico, the and 6205.20.2030; Category 640±D: only HTS impact of international management of The current limits for certain numbers 6205.30.2010, 6205.30.2020, pelagic fisheries in the Central-West categories are being increased for 6205.30.2030, 6205.30.2040, 6205.90.3030 and 6205.90.4030. Pacific on recreational fisheries, carryover. 4 Category 359±C: only HTS numbers logistics of recreational data collection, A description of the textile and 6103.42.2025, 6103.49.8034, 6104.62.1020, and other business as required. apparel categories in terms of HTS 6104.69.8010, 6114.20.0048, 6114.20.0052, Although other issues not contained numbers is available in the 6203.42.2010, 6203.42.2090, 6204.62.2010, CORRELATION: Textile and Apparel 6211.32.0010, 6211.32.0025 and in this agenda may come before this task 6211.42.0010; Category 659±C: only HTS force for discussion, in accordance with Categories with the Harmonized Tariff numbers 6103.23.0055, 6103.43.2020, the Magnuson-Stevens Fishery Schedule of the United States (see 6103.43.2025, 6103.49.2000, 6103.49.8038, Conservation and Management Act, Federal Register notice 63 FR 71096, 6104.63.1020, 6104.63.1030, 6104.69.1000, published on December 23, 1998). Also 6104.69.8014, 6114.30.3044, 6114.30.3054, those issues may not be the subject of 6203.43.2010, 6203.43.2090, 6203.49.1010, formal action during this meeting. see 63 FR 59946, published on 6203.49.1090, 6204.63.1510, 6204.69.1010, Action will be restricted to those issues November 6, 1998. 6210.10.9010, 6211.33.0010, 6211.33.0017 specifically listed in this notice. Troy H. Cribb, and 6211.43.0010. 5 Category 369±R: only HTS number Chairman, Committee for the Implementation 6307.10.1020 Special Accommodations of Textile Agreements. The Committee for the Implementation of This meeting is physically accessible Committee for the Implementation of Textile to people with disabilities. Requests for Textile Agreements has determined that Agreements these actions fall within the foreign affairs sign language interpretation or other September 1, 1999. exception of the rulemaking provisions of 5 auxiliary aids should be directed to Commissioner of Customs, U.S.C. 553(a)(1). Kitty M. Simonds, 808–522–8220 Department of the Treasury, Washington, DC Sincerely, (voice) or 808–522–8226 (fax), at least 5 20229. Troy H. Cribb, days prior to meeting date. Dear Commissioner: This directive Chairman, Committee for the Implementation Dated: September 1, 1999. amends, but does not cancel, the directive of Textile Agreements. issued to you on November 3, 1998, by the Bruce C. Morehead, Chairman, Committee for the Implementation [FR Doc. 99–23307 Filed 9–7–99; 8:45 am] Acting Director, Office of Sustainable of Textile Agreements. That directive BILLING CODE 3510±DR±F Fisheries, National Marine Fisheries Service. concerns imports of certain cotton and man- [FR Doc. 99–23319 Filed 9–7–99; 8:45 am] made fiber textile products, produced or BILLING CODE 3510±22±F manufactured in Pakistan and exported COMMITTEE FOR THE during the twelve-month period which began IMPLEMENTATION OF TEXTILE on January 1, 1999 and extends through AGREEMENTS December 31, 1999. COMMITTEE FOR THE Effective on September 8, 1999, you are Adjustment of Import Limits for Certain directed to increase the limits for the Cotton and Man-Made Fiber Textile IMPLEMENTATION OF TEXTILE following categories, as provided for under AGREEMENTS the Uruguay Round Agreement on Textiles Products Produced or Manufactured in and Clothing: the Philippines Adjustment of Import Limits for Certain Cotton and Man-Made Fiber Textiles September 1, 1999. Category Adjusted twelve-month and Textile Products Produced or limit 1 AGENCY: Committee for the Manufactured in Pakistan Implementation of Textile Agreements Specific Limits (CITA). September 1, 1999. 219 ...... 7,758,895 square me- ters. ACTION: Issuing a directive to the AGENCY: Committee for the Commissioner of Customs adjusting Implementation of Textile Agreements 226/313 ...... 130,660,750 square meters. limits. (CITA). 239pt. 2 ...... 887,016 kilograms. ACTION: Issuing a directive to the 314 ...... 6,944,831 square me- EFFECTIVE DATE: September 9, 1999. Commissioner of Customs increasing ters. FOR FURTHER INFORMATION CONTACT: limits. 315 ...... 87,320,778 square Janet Heinzen, International Trade meters. Specialist, Office of Textiles and EFFECTIVE DATE: September 8, 1999. 317/617 ...... 37,389,899 square meters. Apparel, U.S. Department of Commerce, FOR FURTHER INFORMATION CONTACT: Ross 334/634 ...... 305,922 dozen. (202) 482–4212. For information on the Arnold, International Trade Specialist, 335/635 ...... 444,410 dozen. quota status of these limits, refer to the Office of Textiles and Apparel, U.S. 336/636 ...... 549,992 dozen. Quota Status Reports posted on the Department of Commerce, (202) 482– 340/640 ...... 783,910 dozen of bulletin boards of each Customs port, 4212. For information on the quota which not more than call (202) 927–5850, or refer to the U.S. status of these limits, refer to the Quota 292,326 dozen shall Customs website at http:// Status Reports posted on the bulletin be in Categories www.customs.ustreas.gov. For boards of each Customs port, call (202) 340±D/640±D 3. 4 information on embargoes and quota re- 927–5850, or refer to the U.S. Customs 359±C/659±C ...... 1,091,626 kilograms. 369±R 5 ...... 12,353,542 kilograms. openings, call (202) 482–3715. website at http:// 638/639 ...... 575,093 dozen. SUPPLEMENTARY INFORMATION: www.customs.ustreas.gov. For 647/648 ...... 1,090,032 dozen. information on embargoes and quota re- Authority: Section 204 of the Agricultural openings, call (202) 482–3715. 1 The limits have not been adjusted to ac- Act of 1956, as amended (7 U.S.C. 1854); count for any imports exported after December Executive Order 11651 of March 3, 1972, as SUPPLEMENTARY INFORMATION: 31, 1998. amended.

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The current limits for certain COMMITTEE FOR THE full name, in English, of the company, categories are being adjusted for special IMPLEMENTATION OF TEXTILE the full address, and the reasons why shift. AGREEMENTS CITA should reconsider its A description of the textile and determination. In reconsidering its Notice to the Public Announcing apparel categories in terms of HTS determination, CITA will consider all Process for Reconsideration of relevant facts, including the following: numbers is available in the Determinations Regarding Denial of CORRELATION: Textile and Apparel information provided by Customs Entry to Textiles and Textile Products regarding the company; information Categories with the Harmonized Tariff Allegedly Produced or Manufactured from the petitioner indicating that the Schedule of the United States (see by Certain Companies. Federal Register notice 63 FR 71096, company was not illegally published on December 23, 1998). Also September 1, 1999. transshipping, was not closed, and see 63 FR 67050, published on AGENCY: Committee for the maintained records to verify production; December 4, 1998. Implementation of Textile Agreements and information from authorities in the Troy H. Cribb, (CITA). country of exportation regarding that ACTION: company. Chairman, Committee for the Implementation Issuing a directive announcing of Textile Agreements. process for reconsideration of CITA CITA will review all such petitions determinations regarding denial of and will seek to make a reconsideration Committee for the Implementation of Textile entry. Agreements determination as soon as possible. It may be necessary for CITA to request September 1, 1999. EFFECTIVE DATE: September 1, 1999. the U.S. Customs Service to revisit the Commissioner of Customs, FOR FURTHER INFORMATION CONTACT: Martin Walsh, International Trade company. Moreover, it may be necessary Department of the Treasury, Washington, DC for CITA to request additional 20229. Specialist, Office of Textiles and information from the petitioner. Dear Commissioner: This directive Apparel, U.S. Department of Commerce, amends, but does not cancel, the directive (202) 482-3400. The Committee for the issued to you on November 30, 1998, by the SUPPLEMENTARY INFORMATION: Implementation of Textile Agreements Chairman, Committee for the Implementation has determined that these actions fall Authority: Section 204 of the Agricultural within the foreign affairs exception to of Textile Agreements. That directive Act of 1956, as amended (7 U.S.C. 1854); concerns imports of certain cotton, wool and Executive Order 12475 of May 9, 1984, as the rulemaking provisions of 5 U.S.C. man–made fiber textiles and textile products amended. 553(a)(1). and silk blend and other vegetable fiber Troy H. Cribb, apparel, produced or manufactured in the A notice and letter to the Commissioner of Customs, dated July Chairman, Committee for the Implementation Philippines and exported during the twelve- of Textile Agreements. month period which began on January 1, 27, 1999, and published in the Federal [FR Doc. 99–23305 Filed 9–2–99; 3:25 pm] 1999 and extends through December 31, Register on July 30, 1999 (64 FR 41395) 1999. directed the Commissioner of Customs BILLING CODE 3510±DR±F Effective on September 9, 1999, you are to issue regulations permitting U.S. directed to adjust the limits for the following Customs to deny entry to textiles and categories, as provided for under the Uruguay textile products where the declared Round Agreement on Textiles and Clothing: manufacturer was named in a CITA DEPARTMENT OF DEFENSE directive as a company found to be illegally transshipping, closed or unable Department of the Air Force Category Adjusted twelve-month limit 1 to produce records to verify production. Immediately following that notice, HQ USAF Scientific Advisory Board Levels in Group I another notice and letter to the Meeting 338/339 ...... 2,961,226 dozen. Commissioner of Customs, also dated 347/348 ...... 2,960,856 dozen. July 27, 1999, and published in the The Science and Technology Panel on 350 ...... 112,475 dozen. Federal Register on July 30, 1999 (64 FR Human Effectiveness will meet at 351/651 ...... 866,330 dozen. 41395) directed the U.S. Customs Wright-Patterson AFB, Ohio and Rome, 638/639 ...... 2,352,448 dozen. Service, effective for goods exported on New York on November 15–19, 1999 647/648 ...... 1,433,192 dozen. and after September 1, 1999, to deny from 8:00 a.m. to 5:00 p.m. 1 The limits have not been adjusted to ac- entry to textiles and textile products The purpose of the meeting is to count for any imports exported after December allegedly manufactured by certain listed review the quality of the Air Force 31, 1998. companies in Macau; Customs had Science and Technology Program. informed CITA that these companies The Committee for the Implementation of The meeting will be closed to the Textile Agreements has determined that were found to have been illegally transshipping, closed, or unable to public in accordance with Section these actions fall within the foreign affairs 552b(c) of Title 5, United States Code, exception to the rulemaking provisions of 5 produce records to verify production. specifically subparagraphs (1) and (4) U.S.C. 553(a)(1). The purpose of this notice is to advise Sincerely, the public that CITA has established a thereof. Troy H. Cribb, process for interested parties to request For further information, contact the reconsideration of CITA determinations HQ USAF Scientific Advisory Board Chairman, Committee for the Implementation regarding the companies listed. Effective of Textile Agreements. Secretariat at (703) 697–8404. immediately, CITA will accept petitions Janet A. Long, [FR Doc.99–23306 Filed 9–7–99; 8:45 am] from any interested party who believes BILLING CODE 3510±DR±F that CITA should reconsider its Air Force Federal Register Liaison Officer. determination regarding a specific listed [FR Doc. 99–23250 Filed 9–7–99; 8:45 am] company. Petitions should include the BILLING CODE 5001±05±U

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DEPARTMENT OF DEFENSE The purpose of the meeting is to unencumbered disposal, and review the quality of the Air Force encumbered disposal. The Army’s Department of the Air Force Science and Technology Program. preferred alternative is encumbered The meeting will be closed to the disposal, which places constraints on HQ USAF Scientific Advisory Board public in accordance with Section future use of some parcels. Reuse of the Meeting 552b(c) of Title 5, United States Code, surplus property is also discussed, specifically subparagraphs (1) and (4) based on reasonably foreseeable The Science and Technology Panel on thereof. scenarios envisioned in the LRA Final Materials and Manufacturing will meet For further information, contact the Reuse Plan, Fort Greely, Alaska. at Wright-Patterson Air Force Base, HQ USAF Scientific Advisory Board Additionally, the EA evaluates the Ohio on December 13–17, 1999 from Secretariat at (703) 697–8404. envionmental consequences of 8:00 a.m. to 5:00 p.m. Janet A. Long, privatizing certain utilities, a non-BRAC The purpose of the meeting is to Air Force Federal Register Liaison Officer. action the Army may or may not review the quality of the Air Force exercise in the future. Privatization Science and Technology Program. [FR Doc. 99–23253 Filed 9–7–99; 8:45 am] BILLING CODE 5001±05±U would facilitate the reuse of the The meeting will be closed to the property. public in accordance with Section The Army concludes that the disposal 552b(c) of Title 5, United States Code, DEPARTMENT OF DEFENSE and reuse of the BRAC property at Fort specifically subparagraphs (1) and (4) Greely does not constitute a major thereof. Department of the Army federal action significantly affecting the For further information, contact the quality of the natural or human HQ USAF Scientific Advisory Board Environmental Assessment (EA) and environment. Because no significant Secretariat at (703) 697–8404. Finding of No Significant Impact (FNSI) impacts would result from Janet A. Long, for Disposal and Reuse of the BRAC implementing the proposed action, an Property at Fort Greely, AK Air Force Federal Register Liaison Officer. environmental impact statement is not [FR Doc. 99–23251 Filed 9–7–99; 8:45 am] AGENCY: Department of the Army, DoD. required and will not be prepared. The EA is also available for review at BILLING CODE 5001±05±U ACTION: Notice of availability. the Library, Building 652, Fort Greely, SUMMARY: In accordance with Public Alaska; Delta Public Library, 2288 DEPARTMENT OF DEFENSE Law 101–510, the Defense Base Deborah Street, Delta Junction, Alaska; Realignment and Closure (BRAC) and, Noel Wien Public Library, 1215 Department of the Air Force Commission recommended the Cowles Street, Fairbanks, Alaska. realignment of the Northern Warfare Dated: September 1, 1999. HQ USAF Scientific Advisory Board Training Center (NWTC) and the Cold Raymond J. Fatz, Meeting Regions Test Center (CRTC) from Fort Deputy Assistant Secretary of the Army, Greely, Alaska, to Fort Wainwright, The Science and Technology Panel on (Environment, Safety and Occupational Alaska. The realignment of Fort Greely Air Vehicles will meet at Wright- Health) OASA (I&E). could begin no earlier than July 1997 Patterson AFB, Ohio on November 29 to [FR Doc 99–23291 Filed 9–7–99; 8:45 am] and can end no earlier than July 2001. BILLING CODE 3710±08±M December 3, 1999 from 8:00 a.m. to 5:00 The EA analyzes the environmental p.m. and socioeconomic effects relating to The purpose of the meeting is to the disposal and reuse of surplus DEPARTMENT OF ENERGY review the quality of the Air Force property at Fort Greely. The day Fort Science and Technology Program. Greely was selected for realignment Finding of No Significant Impact in the The meeting will be closed to the (February 28, 1995), approximately 747 Environmental Assessment for the public in accordance with Section active duty and civilian personnel were Parallex Project Fuel Manufacture and 552b(c) of Title 5, United States Code, employed on the installation. By July Shipment specifically subparagraphs (1) and (4) 2001, this number will be reduced to 55 thereof. civilians and 11 military. Much of the AGENCY: U.S. Department of Energy. For further information, contact the base infrastructure, including most of ACTION: Notice of Availability. HQ USAF Scientific Advisory Board the housing units, is surplus to the SUMMARY: An environmental assessment Secretariat at (703) 697–8404. needs of the Federal Government and is (EA) has been prepared to assess available for transfer to the Local Janet A. Long, potential environmental impacts Redevelopment Authority (LRA). The Air Force Federal Register Liaison Officer. associated with a U.S. Department of total surplus area is 1,785 acres. [FR Doc. 99–23252 Filed 9–7–99; 8:45 am] Energy (DOE) proposed action to BILLING CODE 5001±05±U DATES: Public comments should be conduct limited mixed oxide (MOX) submitted on or before October 8, 1999. fuel manufacture and shipment for the ADDRESSES: A copy of EA and FNSI may purpose of confirming the viability of DEPARTMENT OF DEFENSE be obtained by writing to the U.S. Army using MOX fuel in Canadian Deuterium Corps of Engineers, Alaska District, Department of the Air Force Uranium (CANDU) reactors. The ATTN: CEPOA–EN–CW–ER (My. Guy Proposed Action would involve McConnell), P.O. Box 898, Anchorage, HQ USAF Scientific Advisory Board preparation and analysis activities in Alaska 99506–0898. Meeting TA–55 (building PF–4) at Los Alamos FOR FURTHER INFORMATION CONTACT: Mr. National Laboratory (LANL), and The Science and Technology Panel on Guy McConnell at (907) 753–2625, or by shipping of the MOX fuel to the U.S.- Information will meet in Rome, New facsimile at (907) 753–2526. Canada border. This EA covers only York on December 6–10, 1999 from 8:00 SUPPLEMENTARY INFORMATION: The EA those activities necessary to a.m. to 5:00 p.m. analyzes the alternatives of no action, manufacture and ship up to 59.2 lb (26.8

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DOE has already environment within the meaning of the Further, in January 1994, President fabricated a portion of this MOX fuel at National Environmental Policy Act Clinton and Russia’s President Yeltsin LANL, and DOE proposes to fabricate (NEPA) (42 U.S.C. 4321 et seq). issued a ‘‘Joint Statement Between the additional MOX fuel at LANL if needed. Therefore the preparation of an United States and Russia on MOX fuel would be fabricated in environmental impact statement is not Nonproliferation of Weapons of Mass building PF–4 in TA–55 at LANL. This required. Destruction and the Means for Their test and demonstration project has been ADDRESSES: Single copies of the EA and Delivery.’’ To demonstrate the United named Parallex (parallel experiment) further information concerning the States’ commitment to these policies, because of the roles of the United States proposed action are available from: Bert President Clinton announced on March Stevenson, NEPA Compliance Officer, and Russia in supplying test material. 1, 1995 that about 224 tons (203 metric The Parallex Project would be a joint Office of Fissile Materials Disposition tons) of U.S.-origin weapons-usable (MD–4), U.S. Department of Energy, agreement between Russia, Canada, and fissile materials, of which 182 tons (165 the U.S. to demonstrate the irradiation P.O. Box 23786, Washington, DC 20026– metric tons) are highly enriched 3786, telephone (202) 586–5368. of U.S. and Russian MOX fuel in uranium and 42 tons (38 metric tons) parallel in the Atomic Energy of Canada, FOR FURTHER INFORMATION CONTACT: For are weapons-usable plutonium, had Limited (AECL)-owned National further information regarding the DOE been declared surplus to the United Research Universal (NRU) reactor. This NEPA Process, contact: Carol Borgstrom, States’ defense needs. international project would use MOX Director, Office of NEPA Policy and To safeguard and manage this fuel made in the U.S. (specifically Assistance (EH–42), U.S. Department of material, DOE has decided to implement LANL) and Russia (specifically from Energy, 1000 Independence Avenue, a program to provide for safe and secure Bochvar) from surplus weapons-usable SW, Washington, DC, 20585, telephone storage of weapons-usable fissile plutonium out of both countries’ (202) 586–4600, or (800) 472–2756. materials and a strategy for the nuclear stockpiles. SUPPLEMENTARY INFORMATION: disposition of surplus weapons-usable Research and development of MOX Purpose and Need plutonium, as specified in the ROD for fuels has already been conducted at DOE needs to test and demonstrate the S&D PEIS. The fundamental purpose LANL as part of its ongoing mission the feasibility of using MOX fuel in of the program is to maintain a high relating to the development of energy CANDU reactors, as a potential standard of security and accounting for sources for experiments and research disposition option 1 for surplus these fissile materials while in storage, reactors. However, these various MOX weapons-usable plutonium. The and to ensure the plutonium produced fuel forms were not made with proposed action discussed in this EA is for nuclear weapons and declared weapons-grade plutonium. In contrast, a limited scale test that would provide surplus to national security needs is the MOX fuel fabrication process DOE with information needed to assess never again used for nuclear weapons. involved in the Parallex Project would that option. The Final S&D PEIS ROD, issued use weapons-grade plutonium (in an January 14, 1997, established a hybrid unclassified form) obtained from Background strategy to irreversibly dispose of the decommissioned nuclear weapons. The end of the Cold War has created Nation’s surplus plutonium and to The MOX fuel fabricated at LANL a legacy of surplus weapons-usable reduce from seven to three the number would be transported to the Canadian fissile materials both in the United of sites that store nuclear weapons border. At the border the AECL, per States and the former Soviet Union. The materials. The strategy would prior agreement, would take possession global stockpiles of weapons-usable immobilize some (and potentially all) of of the fuel. The fuel would remain on fissile materials pose a danger to the surplus plutonium in glass or the same truck and the AECL would national and international security in ceramic formulations and allow the use complete the shipment to the reactor the form of potential proliferation of of some of the surplus plutonium as site. At Chalk River, Ontario, the MOX nuclear weapons and the potential for MOX fuel. The option of dispositioning fuel would be delivered to CRL for environmental, safety, and health some of the weapons-usable surplus testing in the NRU reactor. The AECL plutonium as MOX fuel in heavy-water- would be responsible for conducting all 1 As described in the Record of Decision (ROD) moderated reactors, such as CANDU subsequent tests of the fuel’s for the Storage and Disposition of Weapons-Usable Fissile Materials Final Programmatic Environmental reactors, was retained as an option in performance and the function of the Impact Statement (S&D PEIS), DOE’s strategy for the event of future multilateral reactor. disposition of surplus plutonium is to pursue an agreement among Russia, Canada, and Fueling the NRU reactor with MOX approach that allows immobilization of surplus the United States. As explained in the plutonium in glass or ceramic materials for disposal fuel would be part of a feasibility test to in a geologic repository pursuant to the Nuclear ROD for the S&D PEIS, DOE proposes to determine MOX fuel performance in Waste Policy Act, and burning of some of the engage in a test and demonstration converted CANDU reactors. The NRU surplus plutonium as MOX fuel in existing, program for CANDU MOX fuel test reactor is the only available reactor domestic, commercial reactors, with subsequent disposal of spent fuel in a geologic repository consistent with ongoing and potential specifically designed to test MOX fuel pursuant to the Nuclear Waste Policy Act. The ROD future cooperative efforts with Russia performance for CANDU reactors. stated that DOE would retain the option of and Canada, and based on appropriate Positive test results could support dispositioning some of the weapons-usable NEPA review. The test and subsequent decisions on the plutonium as MOX fuel in heavy-water-moderated reactors, such as CANDU reactors, in the event of demonstration activities would occur at dispositioning of surplus weapons- a future multilateral agreement among Russia, LANL, New Mexico, and at Chalk River usable plutonium in CANDU reactors. Canada, and the United States. Laboratories (CRL), Ontario, Canada. All spent fuel resulting from the tests

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Therefore, this Facility Accidents: Abnormal events No Action: The No Action alternative alternative was dismissed from farther or accidents are hypothetical incidents provides an environmental baseline to analysis. that are not a planned part of routine compare to the potential effects of the Transport of MOX Fuel by Air: operations. A fire in the MOX fuel Proposed Action. Under this alternative, Federal regulations under 10 CFR 71.88 fabrication line was chosen for the LANL would continue to store the (Air Transport of Plutonium) explicitly accident analysis. The likelihood of this existing MOX fuel at TA–55. No prohibit the transport of plutonium by accident occurring was categorized as additional fuel pellets or additional fuel air or the delivery to a carrier for air ‘‘unlikely.’’ The small amount of rods would be made for the Parallex transport unless the plutonium is in a material that would be released within Project. The AECL would have no form with a specific activity no greater PF–4 and the reduction of that release source of U.S. MOX fuel rods and, than 0.002 µCi/g, and shipped in a by the two-stage high-efficiency therefore, would have to cancel its single package with no more than a particulate air (HEPA) filtration system testing program at the NRU reactor in specified quantity. The restrictions would result in a negligible dose to the parallel with Russian MOX fuel, or if imposed for transportation of plutonium offsite maximum exposed individual Russian fuel were made available, by air prohibit this alternative for (MEI) and no latent cancer fatalities operate the testing program in the shipment of the MOX fuel quantities (LCFs) within the offsite population. absence of U.S. supplied MOX fuel. needed for the Parallex Project. The radiological dose to involved Other Transportation Routes: Seven Therefore, this alternative was workers from such an accident was routes were analyzed for the shipment dismissed from further analysis. estimated at 1.8 rem, with calculated of MOX fuel from LANL to the Canadian Transport of MOX Fuel by Rail: Rail LCFs of less than one. border. Each route involves a separate shipment is an allowable mode for the Transportation: No changes to the point of entry into Canada. In transport of radioactive materials and is existing highway infrastructure would accordance with standard transportation regulated by the U.S. Department of be required to allow passage of the MOX planning practices, all routes use Transportation (DOT) under 49 CFR fuel shipment(s), nor would roads need available interstate highways and city 174.700. However, there is no direct rail to be closed. The normal traffic flow bypasses, where available, to go around service from Los Alamos, New Mexico. along the MOX fuel transportation high-population areas, and meet Moreover, this mode of transport would routes would not be expected to change Department of Transportation routing not be feasible because of the lack of with the added presence of one to three requirements. For very specific reasons, dedicated rail routes, and long layovers commercial truck(s). The shipment(s) of DOE has decided not to use two of these for railcar transfers. Cumulatively, all MOX fuel by commercial truck from routes. The Port Huron, MI route would these factors negate use of this transport LANL to the Canadian border would not not be used because of construction on mode. be expected to adversely affect the the Blue Water Bridge, and the Detroit, Shipment of MOX Fuel by Safe health of the truck crew or the public MI route would not be used because the Secure Transport (SST): The SST fleet is along any of the analyzed routes. Ambassador Bridge currently does not a DOE owned and operated Transportation Accidents: Two allow placarded (i.e., carrying transportation system that consists of transportation accident scenarios were hazardous material) vehicles. Other armored tractor-trailers and special analyzed for the shipment of MOX fuel possible interstate highway routes, such escort vehicles. The added security and to the Canadian border. One accident as via Sweetgrass, Montana and expense of the SST system is not needed would involve the release of radioactive Champlain, New York were not because the MOX fuel would be in small materials and the other would not evaluated because of excessive travel quantities, would have a negligible involve the release of radioactive distances. radiation dose to the public, and could materials. MOX Fabrication at Other DOE not easily be converted into weapons- The first accident relates to an event Facilities: Under this alternative, MOX usable form. that leads to the MOX fuel package fuel would be fabricated at other DOE container breaking open, igniting, and facilities and then shipped to CRL. No Environmental Impacts releasing plutonium dioxide particles DOE site other than LANL presently has The results of evaluations in key into the air. The probability of such a the ability to fabricate MOX fuel. impact areas are summarized in the severe accident occurring and adversely Furthermore much of the raw materials following section; other types of affecting the public is extremely that would be used in the demonstration consequences were determined to be unlikely. The accident scenario could are already located at LANL. The time negligible and are not discussed in occur anywhere along the transportation required to upgrade other sites to detail. corridors, and could have produce MOX fuel would delay the Human Health: The potential threat to transboundary effects on Canadian further fabrication and shipment of workers from MOX fuel fabrication populations. The population and MOX fuel such that the Parallex Project would come from penetrating radiation. individual doses would be very small. schedule would not be met. Therefore, No excess fatal cancers would be Therefore, no LCFs would be expected this alternative was dismissed from expected in the involved workers from from an accident during the shipment(s) further analysis. penetrating radiation exposures. of MOX fuel to Canada. Other Technologies for MOX Noninvolved workers, those performing Under the second accident scenario Evaluation: This alternative would use other jobs as well as the usual PF–4 for MOX fuel transportation to the other methods such as computer building personnel, would not be Canadian border, no radioactive simulation or surrogate fuels to evaluate expected to receive a dose from the material would be released by the the MOX fuel fabrication process. The proposed operation. MOX fuel vehicular collision. This scenario

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.103 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48813 analyzed potential fatalities from the of impacts, including those on land use, open between the hours of 8:00 a.m. and force of a collision. Results of the socioeconomics, cultural resources, 4:30 p.m., Monday through Friday, accident analysis indicated that no aesthetic or scenic resources, geologic except Federal holidays. driver or public fatalities would be resources, water resources, ecological Issued in Washington, D.C., September 1, expected. resources, noise, or site services. 1999. Air Quality: Air emission from the Cumulative Impacts: Because the John W. Glynn, fabrication of MOX fuel pellets and rods contributions from the Proposed Action Manager, Natural Gas Regulation, Office of for the Parallex Project would be a very would be extremely small, the proposed Natural Gas & Petroleum Import & Export small percentage of the overall LANL action is not expected to contribute Activities, Office of Fossil Energy. annual air emissions. The MOX fuel substantially to the overall cumulative [FR Doc. 99–23332 Filed 9–7–99; 8:45 am] pellets and rods would be made inside impacts from past or anticipated BILLING CODE 6450±01±P sealed gloveboxes that have negative air operations at LANL and along the pressure and a primary air system fitted transportation corridors. with HEPA filtration. PF–4 laboratories Determination DEPARTMENT OF ENERGY also have negative air pressure and a separate HEPA filtered air system. The Based on the analysis in this EA, and Federal Energy Regulatory filters would prevent any measurable after considering the preapproval review Commission release of particles into the atmosphere. comments, I have concluded that the [Docket No. CP99±607±000] Therefore, no MOX fuel powder proposed action does not constitute a particles would be expected to be major federal action significantly Central New York Oil and Gas released from PF–4 into the affecting the quality of the human Company, LLC; Notice of Petition environment. environment within the meaning of No change to the air quality along the NEPA. Therefore, an EIS for the September 1, 1999. route(s) to Canada would be expected proposed action is not required. Take notice that on August 26, 1999, since the MOX fuel would be sealed in Issued at Washington, DC, this 13th day of Central New York Oil and Gas rods and package container(s) during August 1999. Company, LLC (CNYOG), One transportation. A commercial truck Laura Holgate, Leadership Square, 211 North Robinson, carrying MOX fuel would be one out of Director, Office of Fissile Materials Oklahoma City, Oklahoma 73102, filed thousands of trucks on the road at any Disposition. in Docket No. CP99–607–000, a petition, one time. The overall contribution of [FR Doc. 99–23331 Filed 9–7–99; 8:45 am] pursuant to Rule 207(a)(5) of the nonradiological air pollutants from a BILLING CODE 6450±01±P Commission’s Rules of Practice and single vehicle to the air quality within Procedure (18 CFR 387.207(a)(5)), and a given airshed would be immeasurable. section 7(c)(1)(B) of the Natural Gas Act, Waste Management: The small DEPARTMENT OF ENERGY seeking approval of a temporary quantities of low-level radioactive waste exemption from certificate (LLW) and transuranic (TRU) waste [FE Docket No. 99±48±NG] requirements, all as more fully set forth produced from MOX fuel fabrication Office of Fossil Energy; Milford Power in the petition which is on file with the would not appreciably increase waste Commission and open to public Company, LLC; Order Granting Long- generation rates at LANL. No mixed inspection. This filing may be viewed Term Authorization To Import Natural waste, hazardous waste, or additional on the web at http://www.ferc.us/ Gas From Canada nonhazardous solid waste would be online/rims.htm (call 202–208–2222 for generated from MOX fuel fabrication. AGENCY: Office of Fossil Energy, DOE. assistance). MOX fuel fabrication would not ACTION: Notice of order. Specifically, CNYOG seeks measurably increase the volume of authorization to drill up to eight sanitary wastewater generated. No SUMMARY: The Office of Fossil Energy stratigraphic test wells in a producing radioactive or hazardous waste would (FE) of the Department of Energy gives natural gas field (Stagecoach Field) be generated during the shipment of notice that it has issued an order located in Tioga County, New York. MOX fuel to the Canadian border. granting Milford Power Company, LLC CNYOG states that the test wells and Environmental Justice: Executive (Milford) long-term authorization to related experimental well tail placement Order 12898, Federal Actions to import up to 75,000 Mcf per day of and data collection efforts are necessary Address Environmental Justice in natural gas from Canada, in accordance to enable CNYOG to conduct additional Minority Populations and Low-Income with the ‘‘Fuel Purchase Agreement’’ research and development to verify the Populations, requires that Federal between Milford and El Paso Gas suitability of the Stagecoach Field agencies identify and address, as Marketing Company. The authorization reservoirs to storage development using appropriate, disproportionately high is for a 20-year term beginning on the SalternativesTM Technology being and adverse human health or date of first delivery pursuant to this developed by eCORP, LLC, an affiliate environmental effects of their programs Order. This gas may be imported from of CNYOG. and activities on minority and low- Canada at Niagara Falls or Waddington, Any questions regarding this petition income populations. Because no adverse New York. should be directed to Jay C. Jimerson, effects are anticipated as a result of the This Order may be found on the FE eCORP, LLC, c/o Central New York Oil proposed actions during both normal web site at http://www.fe.doe.gov., or and Gas Company, LLC, One Leadership operations and accident conditions, on our electronic bulletin board at (202) Square, 211 North Robinson, Oklahoma there would be no opportunity for 586–7853. It is also available for City, Oklahoma 73102 at (405) 235–0993 disproportionately high and adverse inspection and copying in the Office of (Voice) or (405) 235–0992 (FAX). consequences on minority, or low- Natural Gas & Petroleum Import & Any person desiring to be heard or income populations. Export Activities Docket Room, 3E–033, making any protest with reference to Other Environmental Impacts: The Forrestal Building, 1000 Independence said petition should on or before consequences of the proposed action are Avenue, S.W., Washington, D.C. 20585, September 13, 1999, file with the expected to be negligible for other types (202) 586–9478. The docket room is Federal Energy Regulatory Commission,

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888 First Street, NE, Washington, D.C. Third Revised Sheet No. 26 application which is on file with the 20426, a motion to intervene or a protest Third Revised Sheet No. 28 Commission and open to public in accordance with the requirements of Third Revised Sheet No. 30 inspection. This filing may be viewed the Commission’s Rules of Practice and KPC requests an effective date of on the web at http://www.ferc.fed.us/ Procedure (18 CFR 385.214 or 385.211) October 1, 1999, and accordingly, online/rims.htm (call (202) 208–2222 for and the Regulations under the Natural requests that the Commission suspend assistance). Gas Act (18 CFR 157.10). All protests this filing for the minimal statutory Union Light requests permission to filed with the Commission will be period to allow the tariff sheets to go abandon a natural gas transportation considered by it in determining the into effect on October 1, 1999. and exchange service with Columbia appropriate action to take but will not KPC states that the purpose of this Gas Transmission Corporation serve to make the protestants parties to filing is to revise KPC’s rates for (Columbia). Union Light states that the the proceeding. The Commission’s rules jurisdictional services to reflect current service was performed under Union require that protestors provide copies of and projected costs and changes in Light’s Rate Schedule X–4 and, together their protests to the party or person to demand on KPC’s system. with Columbia’s Rate Schedule X–33, whom the protests are directed. Any KPC states that copies of the filing facilitated the transportation of natural person wishing to become a party to a have been mailed to all of its gas on behalf of The Cincinnati Gas & proceeding or to participate as a party jurisdictional customers and to affected Electric Company (Cincinnati). Union in any hearing therein must file a state regulatory commissions. Light states that on December 1, 1998, motion to intervene in accordance with Any person desiring to be heard or to Union Light was issued a blanket the Commission’s Rules. protest said filing should file a motion certificate of public convenience and Take further notice that, pursuant to to intervene or a protest with the necessity under Order No. 63 and the authority contained in and subject to Federal Energy Regulatory Commission, Section 284.224 of the Commission’s the jurisdiction conferred upon the 888 First Street, N.E., Washington, D.C. Regulations. Union Light further states Federal Energy Regulatory Commission 20426, in accordance with Sections that service rendered under the Order by Sections 7 and 15 of the NGA and the 385.214 or 385.211 of the Commission’s No. 63 blanket certificate supplants the Commission’s Rules of Practice and Rules and Regulations. All such motions service previously rendered under Rate Procedure, a hearing will be held or protests must be filed in accordance Schedule X–4. In addition, Union Light without further notice before the with Section 154.210 of the requests permission to abandon Rate Commission or its designee on this Commission’s Regulations. Protests will Schedule X–5, a fuel reimbursement agreement with Cincinnati which was petition if no motion to intervene is be considered by the Commission in specifically related to the service filed within the time required herein, if determining the appropriate action to be the Commission on its own review of rendered under Rate Schedule X–4. taken, but will not serve to make Any questions regarding the the matter finds that a grant of the protestants parties to the proceedings. application should be directed to James requested exemption is required by the Any person wishing to become a party L. Turner, at (513) 287–3232, The Union public convenience and necessity. If a must file a motion to intervene. Copies Light, Heat and Power Company, 139 motion for leave to intervene is timely of this filing are on file with the East Fourth Street, Cincinnati, Ohio filed, or if the Commission on its own Commission and are available for public 45202. motion believes that a formal hearing is inspection in the Public Reference Any person desiring to be heard or required, further notice of such hearing Room. This filing may be viewed on the make any protest with reference to said will be duly given. web at http.//www.ferc.fed.us/online/ application should on or before Under the procedure herein provided rims.htm (call 202–208–2222 for September 22, 1999, file with the for, unless otherwise advised, it will be assistance). Federal Energy Regulatory Commission, unnecessary for CNYOG to appear or be Linwood A. Watson, Jr., 888 First Street, N.E., Washington, D.C. represented at the hearing. Acting Secretary. 20426, a motion to intervene or a protest Linwood A. Watson, Jr., [FR Doc. 99–23265 Filed 9–7–99; 8:45 am] in accordance with the requirements of Acting Secretary. BILLING CODE 6717±01±M the Commission’s Rules of Practice and [FR Doc. 99–23262 Filed 9–7–99; 8:45 am] Procedure (18 CFR 385.214 or 385.211) BILLING CODE 6717±01±M and the Regulations under the Natural DEPARTMENT OF ENERGY Gas Act (18 CFR 157.10). All protests filed with the Commission will be DEPAARTMENT OF ENERGY Federal Energy Regulatory considered by it in determining the Commission appropriate action to take but will not Federal Energy Regulatory [Docket No. CP99±606±000] serve to make the protestants parties to Commission the proceeding. Any person wishing to [Docket No. RP99±485±000] The Union Light, Heat and Power become a party to a proceeding or to Company; Notice of Application participate or to participate as a party in Kansas Pipeline Company; Notice of any hearing therein must file a motion Tariff Filing September 1, 1999. to intervene in accordance with the Take notice that on August 26, 1999, Commission’s Rules. (September 1, 1999). The Union Light, Heat and Power Take further notice that, pursuant to Take notice that on August 27, 1999, Company (Union Light), 139 East Fourth the authority contained in and subject to Kansas Pipeline Company (KPC) Street, Cincinnati, Ohio 45202, filed in the jurisdiction conferred upon the tendered for filing as part of its FERC Docket No. CP99–606–000 an Federal Regulatory Commission by Gas Tariff, First Revised Volume No. 1, application pursuant to Section 7(b) of Sections 7 and 15 of the Natural Gas Act the tariff sheets listed below, with an the Natural Gas Act, for permission and and the Commission’s Rules of Practice effective date of October 1, 1999: approval to abandon the services and Procedure, a hearing will be held Fourth Revised Sheet No. 15 rendered under Rate Schedules X–4 and without further notice before the Fourth Revised Sheet No. 21 X–5, all as more fully set forth in the Commission or its designee on this

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.042 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48815 application if no motion to intervene is 61,062 (1999), tendered for filing (Consumers), tendered for filing filed within the time required herein, if Addenda A and B to its Market executed service agreements for the Commission on its own review of Monitoring Plan. unbundled wholesale power service the matter finds that permission and The NYISO requests an effective date with The Energy Authority, Inc., and approval for the proposed abandonment of October 12, 1999 and waiver of the Wabash Valley Power Association, Inc., are required by the public convenience Commission’s notice requirements and pursuant to Consumers’ Market Based and necessity. If a motion for leave to of any applicable filing requirements Power Sales Tariff accepted for filing in intervene is timely filed, or if the not otherwise satisfied. Docket No. ER98–4421–000. Commission on its own motion believes A copy of this filing has been served The service agreements have an that a formal hearing is required, further upon all persons on the Commission’s effective date of July 23, 1999. notice of such hearing will be duly official service lists in Docket Nos. Copies of the filing have been served given. ER97–1523–000, OA97–470–000 and on the Michigan Public Service Under the procedure herein provided ER97–4234–000 (not consolidated), and Commission, The Energy Authority, Inc. for, unless otherwise advised, it will be the respective electric utility regulatory and Wabash Valley Power Association, unnecessary for Union Light to appear agencies in New York, New Jersey and Inc. or be represented at the hearing. Pennsylvania. Comment date: September 10, 1999, Comment date: September 10, 1999, in accordance with Standard Paragraph Linwood A. Watson, Jr., in accordance with Standard Paragraph E at the end of this notice. Acting Secretary. E at the end of this notice. [FR Doc. 99–23261 Filed 9–7–99; 8:45 am] 7. Atlantic City Electric Company 3. New England Power Pool BILLING CODE 6717±01±M [Docket No. ER99–4149–000] [Docket No. ER99–2175–000] Take notice that on August 20, 1999, Take notice that on August 12, 1999, Atlantic City Electric Company DEPARTMENT OF ENERGY the New England Power Pool (Atlantic), tendered for filing an Federal Energy Regulatory (NEPOOL), tendered for filing with the executed umbrella service agreement Commission Commission information regarding with Avista Energy, Inc. (Avista) under Market Rule 15 actions for May 1999 in Atlantic’s market rate sales tariff. [Docket No. ER94±1554±022, et al.] the above-referenced proceeding for Atlantic requests an effective date of informational purposes only. This filing August 20, 1999. CNG Power Services Corporation, et is available for public inspection and Comment date: September 9, 1999, in al.; Electric Rate and Corporate copying in the Public Reference Room accordance with Standard Paragraph E Regulation Filings or on the web at www.ferc.fed.us/ at the end of this notice. online/rims.htm for viewing and August 26, 1999. 8. UtiliCorp United Inc. downloading (call 202–208–2222 for Take notice that the following filings assistance). [Docket No. ER99–4151–000] have been made with the Commission: Take notice that on August 20, 1999, 4. South Eastern Electric Development UtiliCorp United Inc., tendered for filing 1. CNG Power Services Corporation Corporation a Service Agreement under its Market- [Docket No. ER94–1554–022] [Docket No. ER99–3654–000] Based Power Sales Tariff, FERC Electric Take notice that on August 20, 1999, Take notice that on August 23, 1999, Tariff Original Volume No. 28, with CNG Power Services Corporation (CNG South Eastern Electric Development Kansas Municipal Energy Agency. The Power), tendered for filing a statement Corporation tendered for filing a long- Service Agreement provides for the sale of policy and code of conduct with term service agreement with Morgan of capacity and energy by UtiliCorp respect to the relationship between CNG Stanley Capital Group Inc., in United Inc., to Kansas Municipal Energy Power Services Corporations and compliance with the Commission’s Agency pursuant to the tariff. Virginia Electric and Power Company August 19, 1999, letter order in the UtiliCorp requests waiver of the (Virginia Power). On June 7, 1999, above-captioned proceeding. Commission’s Regulations to permit the Consolidated Natural Gas Company, the Comment date: September 10, 1999, Service Agreement to become effective parent of CNG Power Services and in accordance with Standard Paragraph in accordance with its terms. Dominion Resource, Inc., the parent of E at the end of this notice. Comment date: September 9, 1999, in Virginia Power, filed for approval of accordance with Standard Paragraph E 5. Kincaid Generation L.L.C. merger in Docket No. EC99–81–000. at the end of this notice. This filing is a result of the [Docket No. ER99–4146–000] 9. UtiliCorp United Inc. Commission’s policy that merging Take notice that on August 20, 1999, companies treat each other as affiliates. Kincaid Generation L.L.C. (KGL), [Docket No. ER99–4153–000] Comment date: September 9, 1999, in tendered for filing short term Take notice that on August 20, 1999, accordance with Standard Paragraph E agreements for the sale of electric energy UtiliCorp United Inc., tendered for filing at the end of this notice. and capacity by KGL to Commonwealth on behalf of its operating division, 2. New York Independent System Edison Company, dated, July 22, July WestPlains Energy-Kansas, a Service Operator, Inc. 23, July 28, July 29 and July 30, 1999, Agreement under its Market-Based respectively. Power Sales Tariff, FERC Electric Tariff [Docket Nos. ER97–1523–010, OA97–470– Comment date: September 10, 1999, Original Volume No. 28, with Kansas 009 and ER97–4234–007 (not consolidated)] in accordance with Standard Paragraph Municipal Energy Agency. The Service Take notice that on August 23, 1999, E at the end of this notice. Agreement provides for the sale of the New York Independent System 6. Consumers Energy Company capacity and energy by WestPlains Operator, Inc. (NYISO), pursuant to Energy-Kansas to Kansas Municipal ordering paragraph (N) of the [Docket No. ER99–4147–000] Energy Agency pursuant to the tariff. Commission’s Order in Central Hudson Take notice that on August 20, 1999, UtiliCorp requests waiver of the Gas & Electric Corp., et. al., 86 FERC ¶ Consumers Energy Company Commission’s regulations to permit the

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Service Agreement to become effective Comment date: September 10, 1999, Reference Room or on the web at in accordance with its terms. in accordance with Standard Paragraph www.ferc.fed.us/online/rims.htm for Comment date: September 9, 1999, in E at the end of this notice. viewing and downloading (call 202– accordance with Standard Paragraph E 208–2222 for assistance). Standard Paragraphs at the end of this notice. E. Any person desiring to be heard or 3. CNG Retail Services Corporation 10. Allegheny Power Service to protest such filing should file a [Docket No. ER97–1845–009] Corporation, on behalf of Monongahela motion to intervene or protest with the Power Company, The Potomac Edison Take notice that on August 20, 1999, Federal Energy Regulatory Commission, CNG Retail Services Corporation (CNG Company and West Penn Power 888 First Street, N.E., Washington, D.C. Company (Allegheny Power) Retail), tendered for filing a statement of 20426, in accordance with Rules 211 policy and code of conduct with respect [Docket No. ER99–4168–000] and 214 of the Commission’s Rules of to the relationship between CNG Retail Take notice that on August 23, 1999, Practice and Procedure (18 CFR 385.211 Services Corporations and Virginia Allegheny Power Service Corporation and 385.214). All such motions or Electric and Power Company (Virginia on behalf of Monongahela Power protests should be filed on or before the Power). On June 7, 1999, Consolidated Company, The Potomac Edison comment date. Protests will be Natural Gas Company, the parent of Company and West Penn Power considered by the Commission in CNG Retail Services, and Dominion Company (Allegheny Power), tendered determining the appropriate action to be Resource, Inc., the parent of Virginia for filing Supplement No. 35 to add one taken, but will not serve to make Power, filed for approval of merger in (1) new Customer to the Market Rate protestants parties to the proceeding. Docket No. EC99–81–000. This filing is Tariff under which Allegheny Power Any person wishing to become a party a result of the Commission’s policy that offers generation services. must file a motion to intervene. Copies merging companies treat each other as Allegheny Power requests a waiver of of these filings are on file with the affiliates. notice requirements to make service Commission and are available for public Comment date: September 9, 1999, in available as of July 23, 1999 to Public inspection. This filing may also be accordance with Standard Paragraph E Service Electric and Gas Company. viewed on the Internet at http:// at the end of this notice. Copies of the filing have been www.ferc.fed.us/ online/rims.htm (call 4. PEI Power Corporation provided to the Public Utilities 202–208–2222 for assistance). Commission of Ohio, the Pennsylvania David P. Boergers, [Docket No. ER98–2270–001] Public Utility Commission, the Secretary. Take notice that on August 18, 1999, Maryland Public Service Commission, [FR Doc. 99–23258 Filed 9–7–99; 8:45 am] PEI Power Corporation (PEI Power), the Virginia State Corporation BILLING CODE 6717±01±P advises the Commission of a proposed Commission, the West Virginia Public change in operating control of Service Commission, and all parties of Pennsylvania Enterprises, Inc., the record. DEPARTMENT OF ENERGY corporate parent. Comment date: September 10, 1999, Federal Energy Regulatory Comment date: September 7, 1999, in in accordance with Standard Paragraph Commission accordance with Standard Paragraph E E at the end of this notice. at the end of this notice. [Docket No. ER99±3282±001, et al.] 11. Allegheny Power Service 5. American Electric Power Service Corporation, on behalf of Monongahela CU Power Limited, et al.; Electric Rate Corporation Power Company, The Potomac Edison and Corporate Regulation Filings [Docket No. ER99–3416–000] Company and West Penn Power Company (Allegheny Power) August 25, 1999. Take notice that on August 20, 1999, Take notice that the following filings the American Electric Power Service [Docket No. ER99–4169–000] have been made with the Commission: Corporation (AEPSC), tendered for filing Take notice that on August 23, 1999, an amendment to the subject docket to Allegheny Power Service Corporation 1. CU Power Limited include the Specifications for Long- on behalf of Monongahela Power [Docket No. ER99–3282–001] Term Firm Point-to-Point Transmission Company, The Potomac Edison Take notice that on August 20, 1999, Service Reservations to be attached as Company and West Penn Power CU Power Limited filed their quarterly addenda to the previously filed Firm Company (Allegheny Power), tendered report for the quarter ending June 30, Point-to-Point Transmission Service for filing Supplement No. 34 to add one 1999. Agreements with Commonwealth (1) new Customer to the Market Rate Comment date: September 9, 1999, in Edison Company, Michigan Companies Tariff under which Allegheny Power accordance with Standard Paragraph E by Detroit Edison, Virginia Power offers generation services. at the end of this notice. Company, and AEPSC Power Marketing Allegheny Power requests a waiver of & Trading Division. All of these notice requirements to make service 2. Millennium Energy Corporation, agreements are pursuant to the AEP available as of July 22, 1999 to Enron Horizon Energy Company, Merchant Companies’ Open Access Transmission Power Marketing, Inc. Energy Group of Americas, Inc. Service Tariff (OATT). The OATT has Copies of the filing have been [Docket No. ER98–174–006, ER98–380–009, been designated as FERC Electric Tariff provided to the Public Utilities ER98–1055–007] Original Volume No. 4, effective July 9, Commission of Ohio, the Pennsylvania Take notice that on August 19, 1999, 1996. Public Utility Commission, the the above-mentioned power marketers AEPSC requests waiver of notice to Maryland Public Service Commission, filed quarterly reports with the permit the Service Agreements to be the Virginia State Corporation Commission in the above-mentioned made effective for service billed on and Commission, the West Virginia Public proceedings for information only. These after June 1, 1999. Service Commission, and all parties of filings are available for public A copy of the filing was served upon record. inspection and copying in the Public the Parties and the state utility

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.045 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48817 regulatory commissions of Indiana, 9. UtiliCorp United Inc. Comment date: September 9, 1999, in Kentucky, Michigan, Ohio, Tennessee, [Docket No. ER99–4152–000] accordance with Standard Paragraph E Virginia and West Virginia. at the end of this notice. Take notice that on August 20, 1999, Comment date: September 9, 1999, in UtiliCorp United Inc., tendered for filing 12. Wisconsin Electric Power Company accordance with Standard Paragraph E on behalf of its operating division, [Docket No. ER99–4157–000] at the end of this notice. Missouri Public Service, a Service Take notice that on August 20, 1999, Agreement under its Market-Based 6. Cinergy Services, Inc. Wisconsin Electric Power Company Power Sales Tariff, FERC Electric Tariff (Wisconsin Electric), tendered for filing [Docket No. ER99–4129–000] Original Volume No. 28, with Kansas an electric service agreement under its Municipal Energy Agency. The Service Take notice that on August 18, 1999, Coordination Sales Tariff (FERC Electric Agreement provides for the sale of Cinergy Services, Inc. (Cinergy) and Tariff, First Revised Volume No. 2). capacity and energy by Missouri Public Phibro Power LLC (Power) tendered for Wisconsin Electric respectfully requests Service to Kansas Municipal Energy filing a notice of assignment that Power an effective date August 19, 1999. will replace Phibro Inc., of Cinergy’s Agency pursuant to the tariff. UtiliCorp requests waiver of the Copies of the filing have been served Market-Based Power Sales Tariff on El Paso Power Services Company, Original Volume No. 7-MB, Service Commission’s Regulations to permit the Service Agreement to become effective the Michigan Public Service Agreement No. 123, dated October 29, Commission, and the Public Service 1997. in accordance with its terms. Comment date: September 9, 1999, in Commission of Wisconsin. Cinergy and Power are requesting an accordance with Standard Paragraph E Comment date: September 9, 1999, in effective date of one day after the date at the end of this notice. accordance with Standard Paragraph E of filing. at the end of this notice. 10. Virginia Electric and Power Comment date: May 5, 1999, in 13. Central Maine Power Company accordance with Standard Paragraph E Company at the end of this notice. [Docket No. ER99–4154–000] [Docket No. ER99–4158–000] Take notice that on August 20, 1999, Take notice that on August 20, 1999, 7. American Electric Power Service Central Maine Power Company (CMP), Corporation Virginia Electric and Power Company (Virginia Power), tendered for filing an tendered for filing an executed service [Docket No. ER99–4148–000] unexecuted Service Agreement for Firm agreement for sale of capacity and/or Take notice that on August 20, 1999, Point-to-Point Transmission Service energy entered into with Reliant Energy the American Electric Power Service with Coral Power L.L.C., under the Services. Service will be provided Corporation (AEPSC), on behalf of Company’s Open Access Transmission pursuant to CMP’s Wholesale Market Appalachian Power Company (APCo), Tariff to Eligible Purchasers dated July Tariff, designated rate schedule CMP— tendered for filing with the Commission 14, 1997. Under the tendered Service FERC Electric Tariff, Original Volume a Facilities, Operations, Maintenance Agreement, Virginia Power will provide No. 4. and Repair Agreement dated July 1, Firm Point-to-Point Transmission Comment date: September 9, 1999, in 1999, between APCo and the City of Service to the Transmission Customer accordance with Standard Paragraph E Radford, Virginia (Radford). under the rates, terms and conditions of at the end of this notice. AEPSC requests an effective date of the Open Access Transmission Tariff. 14. Commonwealth Edison Company Virginia Power requests an effective August 20, 1999, for the tendered [Docket No. ER99–4159–000] agreement. date of July 23, 1999, the date service was first provided. Take notice that on August 20, 1999, A copy of the filing was served upon Copies of the filing were served upon Commonwealth Edison Company the City of Radford and the Virginia Coral Power L.L.C., the Virginia State (ComEd) tendered for filing service State Corporation Commission. Corporation Commission and the North agreements establishing TransAlta Comment date: September 9, 1999, in Carolina Utilities Commission. Energy Marketing (U.S.) Inc. (TAEM), accordance with Standard Paragraph E Comment date: September 9, 1999, in Alliant Energy Industrial Services, Inc. at the end of this notice. accordance with Standard Paragraph E (AEIS), and an unexecuted Service at the end of this notice. Agreement establishing American 8. American Electric Power Service Municipal Power-Ohio, Inc. (AMP), as Corporation 11. Wisconsin Electric Power Company customers under ComEd’s FERC Electric [Docket No. ER99–4150–000] [Docket No. ER99–4156–000] Market Based-Rate Schedule for power sales. Take notice that on August 20, 1999, Take notice that on August 20, 1999, ComEd requests an effective date of the American Electric Power Service Wisconsin Electric Power Company July 22, 1999 for the Service Corporation (AEPSC), on behalf of Ohio (Wisconsin Electric), tendered for filing Agreements, and accordingly, seeks Power Company (OPCo), tendered for an electric service agreement under its waiver of the Commission’s notice filing with the Commission a Facilities, Market Rate Sales Tariff (FERC Electric requirements. Operations, Maintenance and Repair Tariff, Original Volume No. 8) with Copies of the filing were served on Agreement dated March 18, 1999, Northwestern Wisconsin Electric Company. TAEM, AEIS, and AMP. between OPCo and the City of St. Marys, Comment date: September 9, 1999, in Ohio (CSM). Wisconsin Electric respectfully requests an effective date of July 29, accordance with Standard Paragraph E AEPSC requests an effective date of 1999 to allow for economic transactions. at the end of this notice. August 20, 1999, for the tendered Copies of the filing have been served 15. Dynegy Power Marketing, Inc. agreement. on Northwestern Wisconsin Electric A copy of the filing was served upon Company, the Michigan Public Service [Docket No. ER99–4160–000] the City of St. Marys, Ohio and the Commission, and the Public Service Take notice that on August 20, 1999, Public Utilities Commission of Ohio. Commission of Wisconsin. Dynegy Power Marketing, Inc. 1000

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Louisiana, Suite 5800, Houston, Texas 19. PG Energy Power Plus between NSP and Northern Indiana 77002–5050, tendered for filing with the [Docket No. ER98–1953–004 Public Service Company (Customer). Federal Energy Regulatory Commission NSP requests that this Short-Term a Notice of Succession to reflect a name Take notice that on August 18, 1999, Market-Based Electric Service change from Electric Clearinghouse, PG Energy Power Plus advises the Agreement be made effective on July 26, Inc., to Dynegy Power Marketing, Inc. Commission of a proposed change in 1999. Comment date: September 9, 1999, in operating control of Pennsylvania Comment date: September 10, 1999, accordance with Standard Paragraph E Enterprises, Inc. the corporate parent of in accordance with Standard Paragraph at the end of this notice. PG Plus. E at the end of this notice. Comment date: September 7, 1999, in 16. Mantua Creek Generating accordance with Standard Paragraph E 2. Consolidated Edison Company of Company, L.P. at the end of this notice. New York, Inc. [Docket No. ER99–4162–000] Standard Paragraphs [Docket No. ER99–4171–000] Take notice that on August 20, 1999, Take notice that on August 23, 1999, E. Any person desiring to be heard or Mantua Creek Generating Company, L.P. Consolidated Edison Company of New to protest such filing should file a (Mantua Creek), tendered for filing York, Inc. (Con Edison) tendered for motion to intervene or protest with the pursuant to Section 205 of the Federal filing a service agreement to provide Federal Energy Regulatory Commission, Power Act and Part 35 of the firm point-to-point transmission service 888 First Street, N.E., Washington, D.C. Commission’s Regulations, a petition for pursuant to its Open Access 20426, in accordance with Rules 211 authorization to make sales of capacity, Transmission Tariff to PG&E Energy and 214 of the Commission’s Rules of energy, and certain ancillary services, at Trading—Power, L.P. (PG&E). Practice and Procedure (18 CFR 385.211 market-based rates, and to reassign Con Edison states that a copy of this and 385.214). All such motions or transmission capacity. Mantua Creek filing has been served by mail upon protests should be filed on or before the plans to construct and own a nominally PG&E. comment date. Protests will be rate 800 MW natural gas-fired, Comment date: September 10, 1999, considered by the Commission in combined cycle power plant located in in accordance with Standard Paragraph determining the appropriate action to be the Township of West Deptford, New E at the end of this notice. Jersey. taken, but will not serve to make Comment date: September 9, 1999, in protestants parties to the proceeding. 3. Consolidated Edison Company of accordance with Standard Paragraph E Any person wishing to become a party New York, Inc. at the end of this notice. must file a motion to intervene. Copies [Docket No. ER99–4172–000] of these filings are on file with the 17. Florida Power Corporation Commission and are available for public Take notice that on August 23, 1999, [Docket No. ER99–4163–000] inspection. This filing may also be Consolidated Edison Company of New York, Inc. (Con Edison) tendered for Take notice that on August 20, 1999, viewed on the Internet at http:// filing a service agreement to provide Florida Power Corporation (FPC), www.ferc.fed.us/ online/rims.htm (call firm transmission service pursuant to its tendered for filing an amendment to 202–208–2222 for assistance). Open Access Transmission Tariff to Florida Power Corporation FERC Rate David P. Boergers, Constellation Power Source, Inc. (CPS). Schedule No. 92. The filing amends the Secretary. Con Edison states that a copy of this interchange contract between FPC and [FR Doc. 99–23259 Filed 9–7–99; 8:45 am] filing has been served by mail upon City of Lakeland. Specifically, the filing BILLING CODE 6717±01±P CPS. modifies the interchange contract to Comment date: September 10, 1999, provide for sales by City of Lakeland in accordance with Standard Paragraph under Service Schedule OS, DEPARTMENT OF ENERGY E at the end of this notice. Opportunity Sales. FPC requests Commission waiver of Federal Energy Regulatory 4. Consolidated Edison Company of the 60-day notice requirement in order Commission New York, Inc. to allow the amendment to become [Docket No. ER99–4173–000] effective on October 1, 1999. [Docket No. ER99±4170±000, et al.] Comment date: September 9, 1999, in Take notice that on August 23, 1999, accordance with Standard Paragraph E Northern States Power Company, et Consolidated Edison Company of New at the end of this notice. al.; Electric Rate and Corporate York, Inc. (Con Edison) tendered for Regulation Filings filing a service agreement to provide 18. Wisconsin Public Service firm transmission service pursuant to its Corporation August 27, 1999. Open Access Transmission Tariff to [Docket No. ER99–4155–000] Take notice that the following filings Morgan Stanley Capital Group, Inc. Take notice that on August 20, 1999, have been made with the Commission: (MS). Con Edison states that a copy of this Wisconsin Public Service Corporation 1. Northern States Power Company filing has been served by mail upon MS. (WPSC), tendered for filing an (Minnesota Company) Northern States Comment date: September 10, 1999, unexecuted service agreement with Power Company (Wisconsin Company) Aquila Energy Marketing Corp., under in accordance with Standard Paragraph its Market-Based Rate Tariff, FERC [Docket No. ER99–4170–000] E at the end of this notice. Electric Tariff, First Revised Volume No. Take notice that on August 23, 1999, 5. Consolidated Edison Company of 10. Northern States Power Company— New York, Inc. WPSC requests an effective date of Minnesota (NSP–M) and Northern July 21, 1999. States Power Company—Wisconsin [Docket No. ER99–4174–000] Comment date: September 9, 1999, in (NSP–W) (collectively known as NSP) Take notice that on August 23, 1999, accordance with Standard Paragraph E tendered for filing a Short-Term Market- Consolidated Edison Company of New at the end of this notice. Based Electric Service Agreement York, Inc. (Con Edison) tendered for

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48819 filing a service agreement to provide filing a service agreement to provide Agreement under its Market-Based firm transmission service pursuant to its firm transmission service pursuant to its Power Sales Tariff, FERC Electric Tariff Open Access Transmission Tariff to Open Access Transmission Tariff to Original Volume No. 28, with Kansas Morgan Stanley Capital Group, Inc. Select Energy, Inc. (SE). Municipal Energy Agency. The Service (MS). Con Edison states that a copy of this Agreement provides for the sale of Con Edison states that a copy of this filing has been served by mail upon SE. capacity and energy by WestPlains filing has been served by mail upon MS. Comment date: September 10, 1999, Energy-Kansas to Kansas Municipal Comment date: September 10, 1999, in accordance with Standard Paragraph Energy Agency pursuant to the tariff. in accordance with Standard Paragraph E at the end of this notice. E at the end of this notice. UtiliCorp United Inc. requests that the 10. Consolidated Edison Company of service agreement become effective on 6. Consolidated Edison Company of New York, Inc. August 23, 1999. New York, Inc. [Docket No. ER99–4179–000] Comment date: September 10, 1999, [Docket No. ER99–4175–000] Take notice that on August 23, 1999, in accordance with Standard Paragraph Take notice that on August 23, 1999, Consolidated Edison Company of New E at the end of this notice. Consolidated Edison Company of New York, Inc. (Con Edison) tendered for York, Inc. (Con Edison) tendered for filing a service agreement to provide 14. Mid-Continent Area Power Pool filing a service agreement to provide firm transmission service pursuant to its [Docket Nos. OA97–163–004, ER97–1162– firm transmission service pursuant to its Open Access Transmission Tariff to 003 and OA97–658–004] Open Access Transmission Tariff to Select Energy, Inc. (SE). Morgan Stanley Capital Group, Inc. Con Edison states that a copy of this Take notice that on August 20, 1999, (MS). filing has been served by mail upon SE. the Mid-Continent Area Power Pool Con Edison states that a copy of this Comment date: September 10, 1999, (MAPP) tendered for filing a compliance filing has been served by mail upon MS. in accordance with Standard Paragraph filing pursuant to the Commission’s Comment date: September 10, 1999, E at the end of this notice. order issued on April 15, 1999 (87 FERC in accordance with Standard Paragraph ¶ 61,075 (1999) in the above-referenced 11. Consolidated Edison Company of E at the end of this notice. dockets, addressing voting and New York, Inc. administrative procedures under 7. Consolidated Edison Company of [Docket No. ER99–4180–000] MAPP’s Restated Agreement. New York, Inc. Take notice that on August 23, 1999, Comment date: September 9, 1999, in [Docket No. ER99–4176–000] Consolidated Edison Company of New accordance with Standard Paragraph E Take notice that on August 23, 1999, York, Inc. (Con Edison) tendered for at the end of this notice. Consolidated Edison Company of New filing a service agreement to provide York, Inc. (Con Edison) tendered for firm transmission service pursuant to its Standard Paragraphs filing a service agreement to provide Open Access Transmission Tariff to E. Any person desiring to be heard or firm transmission service pursuant to its Public Service Electric & Gas Company Open Access Transmission Tariff to (PSE&G). to protest such filing should file a Aquila Power Corporation (Aquila). Con Edison states that a copy of this motion to intervene or protest with the Con Edison states that a copy of this filing has been served by mail upon Federal Energy Regulatory Commission, filing has been served by mail upon PSE&G. 888 First Street, NE., Washington, DC Aquila. Comment date: September 10, 1999, 20426, in accordance with Rules 211 Comment date: September 10, 1999, in accordance with Standard Paragraph and 214 of the Commission’s Rules of in accordance with Standard Paragraph E at the end of this notice. Practice and Procedure (18 CFR 385.211 E at the end of this notice. and 385.214). All such motions or 12. Consolidated Edison Company of protests should be filed on or before the 8. Consolidated Edison Company of New York, Inc. comment date. Protests will be New York, Inc. [Docket No. ER99–4181–000] considered by the Commission in [Docket No. ER99–4177–000] Take notice that on August 23, 1999, determining the appropriate action to be Take notice that on August 23, 1999, Consolidated Edison Company of New taken, but will not serve to make Consolidated Edison Company of New York, Inc. (Con Edison) tendered for protestants parties to the proceeding. York, Inc. (Con Edison) tendered for filing a service agreement to provide Any person wishing to become a party filing a service agreement to provide firm transmission service pursuant to its must file a motion to intervene. Copies firm transmission service pursuant to its Open Access Transmission Tariff to of these filings are on file with the Open Access Transmission Tariff to Public Service Electric & Gas Company Commission and are available for public Aquila Power Corporation (APC). (PSE&G). inspection. This filing may also be Con Edison states that a copy of this Con Edison states that a copy of this viewed on the Internet at http:// filing has been served by mail upon filing has been served by mail upon www.ferc.fed.us/online/rims.htm (call APC. PSE&G. 202–208–2222 for assistance). Comment date: September 10, 1999, Comment date: September 10, 1999, in accordance with Standard Paragraph in accordance with Standard Paragraph David P. Boergers, E at the end of this notice. E at the end of this notice. Secretary. [FR Doc. 99–23288 Filed 9–7–99; 8:45 am] 9. Consolidated Edison Company of 13. UtiliCorp United Inc. BILLING CODE 6717±01±P New York, Inc. [Docket No. ER99–4182–000] [Docket No. ER99–4178–000] Take notice that on August 23, 1999, Take notice that on August 23, 1999 UtiliCorp United Inc. tendered for filing Consolidated Edison Company of New on behalf of its operating division, York, Inc. (Con Edison) tendered for WestPlains Energy-Colorado, a Service

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DEPARTMENT OF ENERGY A copy of the filing was served upon 8. Central Vermont Public Service PG&E. Corporation Federal Energy Regulatory Comment date: September 10, 1999, Commission [Docket No. ER99–4190–000] in accordance with Standard Paragraph Take notice that on August 24, 1999, [Docket No. ER99±4183±000, et al.] E at the end of this notice. Central Vermont Public Service 5. The Detroit Edison Company Corporation (Central Vermont) tendered Puget Sound Energy, Inc., et al.; for filing a Service Agreement with Electric Rate and Corporate Regulation [Docket No. ER99–4187–000] Northeast Utilities Service Company Filings Take notice that on August 23, 1999, under its FERC Second Revised Electric August 30, 1999. The Detroit Edison Company (Detroit Tariff Volume No. 8. Take notice that the following filings Edison) tendered for filing Service Central Vermont requests waiver of have been made with the Commission: Agreements (the Service Agreement) for the Commission’s regulations to permit Network Integration Transmission the service agreement to become 1. Puget Sound Energy, Inc. Service under the Joint Open Access effective on August 24, 1999. [Docket No. ER99–4183–000] Transmission Tariff of Consumers Comment date: September 13, 1999, Energy and Detroit Edison, FERC in accordance with Standard Paragraph Take notice that on August 23, 1999, E at the end of this notice. Puget Sound Energy, Inc. (PSE), Electric Tariff No. 1, between Detroit tendered for filing an unexecuted Edison and Wolverine Power Supply 9. Public Service Company of New Service Agreement under the provisions Cooperative and MPPA, dated as of July Mexico of PSE’s market-based rates tariff, FERC 2, 1999. The parties have not engaged in any transactions under the Service [Docket No. ER99–4191–000] Electric Tariff, First Revised Volume No. Take notice that on August 23, 1999, 8, with Northern California Power Agreements prior to thirty days to this filing. in the above-referenced docket, Public Agency (NCPA). A copy of the filing Service Company of New Mexico (PNM) was served upon NCPA. Detroit Edison requests that the proposes to cancel the following tariff Comment date: September 10, 1999, Service Agreements be made effective as revisions submitted in Docket No. in accordance with Standard Paragraph rate schedules as of September 17, 1999. ER98–2862–000: E at the end of this notice. Comment date: September 10, 1999, Second Revised Sheet No. 1 2. Puget Sound Energy, Inc. in accordance with Standard Paragraph Second Revised Sheet No. 2 E at the end of this notice. [Docket No. ER99–4184–000] Second Revised Sheet No. 8 6. Central Vermont Public Service Second Revised Sheet No. 9 Take notice that on August 23, 1999, Second Revised Sheet No. 17 Puget Sound Energy, Inc. (PSE), Corporation Second Revised Sheet No. 30 tendered for filing a Service Agreement [Docket No. ER99–4188–000] Second Revised Sheet No. 41 under the provisions of PSE’s market- Second Revised Sheet No. 88 based rates tariff, FERC Electric Tariff, Take notice that on August 23, 1999, Second Revised Sheet No. 89 First Revised Volume No. 8, with Central Vermont Public Service Second Revised Sheet No. 96 NorAm Energy Services, Inc. (NorAm). Corporation (Central Vermont) tendered Second Revised Sheet No. 97 A copy of the filing was served upon for filing a Service Agreement with New Second Revised Sheet No. 101 Energy Ventures, L.L.C. under its FERC Original Sheet No. 103A NorAm. Original Sheet No. 103B Comment date: September 10, 1999, Second Revised Electric Tariff Volume No. 8. Second Revised Sheet No. 104 in accordance with Standard Paragraph Second Revised Sheet No. 105 E at the end of this notice. Central Vermont requests waiver of Original Sheet Nos. 105A through 105U the Commission’s regulations to permit Original Sheet Nos. 115 through 120 3. Puget Sound Energy, Inc. the service agreement to become PNM proposes to cancel these tariff [Docket No. ER99–4185–000] effective on August 23, 1999. revisions effective on the day the Take notice that on August 23, 1999, Comment date: September 10, 1999, Federal Energy Regulatory Commission Puget Sound Energy, Inc. (PSE), in accordance with Standard Paragraph approves a Settlement Agreement tendered for filing a Service Agreement E at the end of this notice. submitted in Docket Nos. ER98–2862– under the provisions of PSE’s market- 000 and ER98–3376–000 without 7. Central Vermont Public Service based rates tariff, FERC Electric Tariff, condition or modification. Corporation First Revised Volume No. 8, with New Comment date: September 10, 1999, Energy Ventures, L.L.C. (NEV). [Docket No. ER99–4189–000] in accordance with Standard Paragraph A copy of the filing was served upon Take notice that on August 24, 1999, E at the end of this notice. NEV. Central Vermont Public Service Comment date: September 10, 1999, 10. Central Power and Light Company, Corporation (Central Vermont) tendered in accordance with Standard Paragraph West Texas Utilities Company, Public for filing a Service Agreement with E at the end of this notice. Service Company of Oklahoma and Entergy Power Marketing Corp. under Southwestern Electric Power Company 4. Puget Sound Energy, Inc. its FERC Second Revised Electric Tariff [Docket No. ER99–4192–000] Volume No. 8. [Docket No. ER99–4186–000] Take notice that on August 23, 1999, Take notice that on August 23, 1999, Central Vermont requests waiver of Central Power and Light Company, Puget Sound Energy, Inc. (PSE), the Commission’s regulations to permit Public Service Company of Oklahoma, tendered for filing a Service Agreement the service agreement to become Southwestern Electric Power Company under the provisions of PSE’s market- effective on August 24, 1999. and West Texas Utilities Company based rates tariff, FERC Electric Tariff, Comment date: September 10, 1999, (collectively, the CSW Operating First Revised Volume No. 8, with Pacific in accordance with Standard Paragraph Companies) tendered for filing service Gas & Electric Company (PG&E). E at the end of this notice. agreements establishing Cargill-Alliant,

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LLC (Cargill), Koch Energy (Koch), and 14. Public Service Company of York, Inc. (Con Edison) tendered for Avista Energy, Inc. (Avista) as Colorado filing a service agreement to provide customers under the CSW Operating [Docket No. ER99–4196–000] firm transmission service pursuant to its Companies’ market-based rate power Open Access Transmission Tariff to Take notice that on August 24, 1999, sales tariff. Statoil Energy Trading, Inc. (SET). The CSW Operating Companies Public Service Company of Colorado Con Edison states that a copy of this request an effective date of August 23, submitted for filing a power purchase filing has been served by mail upon 1999 for the agreements and, agreement and an agreement adding a SET. accordingly, seek waiver of the new delivery point with Yampa Valley Comment date: September 13, 1999, Commission’s notice requirements. Electric Association, Inc. in accordance with Standard Paragraph Comment date: September 13, 1999, The CSW Operating Companies state E at the end of this notice. that a copy of the filing was served on in accordance with Standard Paragraph Cargill, Koch and Avista. E at the end of this notice. 18. Louisville Gas and Electric Company/Kentucky Utilities Company Comment date: September 10, 1999, 15. Allegheny Power Service in accordance with Standard Paragraph Corporation, on behalf of Monongahela [Docket No. ER99–4202–000] E at the end of this notice. Power Company, The Potomac Edison Take notice that on August 24, 1999, 11. New England Power Pool Company and West Penn Power Louisville Gas and Electric Company/ Company (Allegheny Power) Kentucky Utilities (LG&E/KU) tendered [Docket No. ER99–4193–000] [Docket No. ER99–4197–000] for filing an executed Service Take notice that on August 23, 1999, Agreement between LG&E/KU and The Take notice that on August 24, 1999, the New England Power Pool (NEPOOL) Energy Authority, Inc. under LG&E/ Allegheny Power Service Corporation Participants Committee submitted KU’s MBSS Rate Schedule. on behalf of Monongahela Power revisions to Appendix 5–B of Market Comment date: September 13, 1999, Company, The Potomac Edison Rule and Procedure number 5. in accordance with Standard Paragraph The NEPOOL Participants Committee Company and West Penn Power E at the end of this notice. states that copies of these materials were Company (Allegheny Power) filed sent to the New England state governors Supplement No. 38 to add one (1) new 19. Pennsylvania Electric Company Customer to the Market Rate Tariff and regulatory commissions and the [Docket No. ER99–4203–000] Participants in the New England Power under which Allegheny Power offers Take notice that on August 24, 1999, Pool. generation services. Comment date: September 10, 1999, Allegheny Power requests a waiver of Pennsylvania Electric Company (doing in accordance with Standard Paragraph notice requirements to make service business as and referred to as GPU E at the end of this notice. available as of July 31, 1999, to The Energy) submitted for filing a Dayton Power and Light Company. Generation Facility Transmission 12. Central Vermont Public Service Copies of the filing have been Interconnection Agreement between Corporation provided to the Public Utilities GPU Energy and Willamette Industries, [Docket No. ER99–4194–000] Commission of Ohio, the Pennsylvania Inc. Take notice that on August 23, 1999, Public Utility Commission, the GPU Energy requests an effective date Central Vermont Public Service Maryland Public Service Commission, of August 25, 1999 for the agreement. Corporation (Central Vermont) tendered the Virginia State Corporation Comment date: September 13, 1999, for filing unexecuted umbrella service Commission, the West Virginia Public in accordance with Standard Paragraph agreements with Tractebel Energy Service Commission, and all parties of E at the end of this notice. Marketing, Inc., United Illuminating record. 20. Wisvest-Connecticut, LLC Company, Great Bay Power Corporation, Comment date: September 13, 1999, [Docket No. ER99–4204–000] Constellation Power Source, Inc., Enron in accordance with Standard Paragraph Power Marketing, Inc. and Green E at the end of this notice. Take notice that on August 24, 1999, Mountain Power Corporation under Wisvest-Connecticut, LLC (Wisvest) 16. Consolidated Edison Company of submitted for filing an Option Central Vermont’s market-based rates New York, Inc. tariff, FERC Electric Tariff, Second Agreement dated September 17, 1997 Revised Volume No. 8. [Docket No. ER99–4198–000] between the United Illuminating Central Vermont requests that the Take notice that on August 24, 1999, Company (UI) and Duke Energy Trading service agreement with United Consolidated Edison Company of New and Marketing, L.L.C. (‘‘DETM’’), Illuminating become effective on August York, Inc. (Con Edison) tendered for together with two supplements to that 1, 1999 and that the other service filing a service agreement to provide agreement, namely, a December 21, agreements become effective on August firm transmission service pursuant to its 1998 Agreement for Marketing Services 23, 1999. Open Access Transmission Tariff to between UI and DETM and a July 18, Comment date: September 10, 1999, PP&L Energy Marketing Center (PP&L). 1999 Addendum to Agreement for in accordance with Standard Paragraph Con Edison states that a copy of this Marketing Services between Wisvest E at the end of this notice. filing has been served by mail upon and DETM. PP&L. Comment date: September 13, 1999, 13. Midwest Energy, Inc. Comment date: September 13, 1999, in accordance with Standard Paragraph [Docket No. ER99–4195–000] in accordance with Standard Paragraph E at the end of this notice. E at the end of this notice. Take notice that on August 24, 1999, 21. Louisville Gas and Electric Midwest Energy, Inc. filed Quarterly 17. Consolidated Edison Company of Company/Kentucky Utilities Company Market Sales Reports for the second and New York, Inc. third quarter of 1999. [Docket No. ER99–4205–000] Comment date: September 13, 1999, [Docket No. ER99–4199–000] Take notice that on August 24, 1999, in accordance with Standard Paragraph Take notice that on August 24, 1999, Louisville Gas and Electric Company/ E at the end of this notice. Consolidated Edison Company of New Kentucky Utilities (LG&E/KU) tendered

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.017 pfrm04 PsN: 08SEN1 48822 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices for filing the cancellation of the Marketing Inc. (NRG). ASC asserts that Commission of Ohio, the Pennsylvania Unilateral Market-Based Sales Service the purpose of the Agreement is to Public Utility Commission, the Agreement with South Carolina Public permit ASC to make sales of capacity Maryland Public Service Commission, Service Authority (Santee Cooper). and energy at market based rates to NRG the Virginia State Corporation Comment date: September 13, 1999, pursuant to ASC’s Market Based Rate Commission, the West Virginia Public in accordance with Standard Paragraph Power Sales Tariff filed in Docket No. Service Commission, and all parties of E at the end of this notice. ER98–3285–000. record. Comment date: September 13, 1999, Comment date: September 13, 1999, 22. Central Vermont Public Service in accordance with Standard Paragraph in accordance with Standard Paragraph Corporation E at the end of this notice. E at the end of this notice. [Docket No. ER99–4206–000] 25. Allegheny Power Service 27. Tampa Electric Company Take notice that on August 24, 1999, Corporation, on behalf of Monongahela [Docket No. ER99–4211–000] Central Vermont Public Service Power Company, The Potomac Edison Corporation (Central Vermont) tendered Take notice that on August 24, 1999, Company and West Penn Power Tampa Electric Company (Tampa for filing an unexecuted umbrella Company (Allegheny Power) service agreement with Engage Energy Electric) tendered for filing an US, L.P. under Central Vermont’s [Docket No. ER99–4209–000] unexecuted service agreement with the market-based rates tariff, FERC Electric Take notice that on August 24, 1999, Orlando Utilities Commission (OUC) Tariff, Second Revised Volume No. 8. Allegheny Power Service Corporation under Tampa Electric’s market-based Central Vermont requests that the on behalf of Monongahela Power sales tariff. service agreement become effective on Company, The Potomac Edison Tampa Electric proposes that the August 24, 1999. Company and West Penn Power service agreement be made effective on Comment date: September 13, 1999, Company (Allegheny Power) filed July 25, 1999. Copies of the filing have been served in accordance with Standard Paragraph Supplement No. 37 to add one (1) new on OUC and the Florida Public Service E at the end of this notice. Customer to the Market Rate Tariff Commission. under which Allegheny Power offers 23. Sierra Pacific Power Company Comment date: September 13, 1999, generation services. in accordance with Standard Paragraph [Docket No. ER99–4207–000] Allegheny Power requests a waiver of E at the end of this notice. Take notice that on August 24, 1999, notice requirements to make service Sierra Pacific Power Company (Sierra) available as of July 26, 1999, to Niagara 28. Hardee Power Partners Limited tendered for filing Service Agreements Mohawk Energy Marketing, Inc. [Docket No. ER99–4212–000] (Service Agreements) with Entergy Copies of the filing have been Take notice that on August 24, 1999, Power Marketing Corp. for both Short- provided to the Public Utilities Hardee Power Partners Limited (HPP) Term Firm and Non-Firm Point-to-Point Commission of Ohio, the Pennsylvania tendered for filing an unexecuted Transmission Service under Sierra Public Utility Commission, the service agreement with the Orlando Pacific Resources Operating Companies Maryland Public Service Commission, Utilities Commission (OUC) under FERC Electric Tariff Original Volume the Virginia State Corporation HPP’s market-based sales tariff. No. 1, Open Access Transmission Tariff Commission, the West Virginia Public HPP proposes that the service (Tariff). Service Commission, and all parties of agreement be made effective on July 25, Sierra filed the executed Service record. 1999. Agreements with the Commission in Comment date: September 13, 1999, Copies of the filing have been served compliance with Sections 13.4 and 14.4 in accordance with Standard Paragraph on OUC and the Florida Public Service of the Tariff and applicable Commission E at the end of this notice. Commission. regulations. Sierra also submitted 26. Allegheny Power Service Comment date: September 13, 1999, revised Sheet No. 173 (Attachment E) to Corporation, on behalf of Monongahela in accordance with Standard Paragraph the Tariff, which is an updated list of all Power Company, The Potomac Edison E at the end of this notice. current subscribers. Company and West Penn Power Sierra requests waiver of the 29. Allegheny Power Service Company (Allegheny Power) Commission’s notice requirements to Corporation, on behalf of Monongahela permit an effective date of August 25, [Docket No. ER99–4210–000] Power Company, The Potomac Edison 1999 for Attachment E, and to allow the Take notice that on August 24, 1999, Company and West Penn Power Service Agreements to become effective Allegheny Power Service Corporation Company (Allegheny Power) according to their terms. on behalf of Monongahela Power [Docket No. ER99–4213–000] Copies of this filing were served upon Company, The Potomac Edison Take notice that on August 24, 1999, the Public Utilities Commission of Company and West Penn Power Allegheny Power Service Corporation Nevada, the Public Utilities Commission Company (Allegheny Power) filed on behalf of Monongahela Power of California and all interested parties. Supplement No. 39 to add one (1) new Company, The Potomac Edison Comment date: September 13, 1999, Customer to the Market Rate Tariff Company and West Penn Power in accordance with Standard Paragraph under which Allegheny Power offers Company (Allegheny Power) filed E at the end of this notice. generation services. Supplement No. 36 to add one (1) new 24. Ameren Services Company Allegheny Power requests a waiver of Customer to the Market Rate Tariff notice requirements to make service under which Allegheny Power offers [Docket No. ER99–4208–000] available as of July 22, 1999, or on a generation services. Take notice that on August 24, 1999, date as determined by the Commission Allegheny Power requests a waiver of Ameren Services Company (ASC) to Southern Company Energy Marketing notice requirements to make service tendered for filing a Service Agreement L.P. available as of July 29, 1999, to PECO for Market Based Rate Power Sales Copies of the filing have been Energy Company (d/b/a PECO Energy between ASC and NRG Power provided to the Public Utilities Company—Power Team).

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Copies of the filing have been DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY provided to the Public Utilities Commission of Ohio, the Pennsylvania Federal Energy Regulatory Federal Energy Regulatory Public Utility Commission, the Commission Commission Maryland Public Service Commission, [Project No. 2169 NC/TN] the Virginia State Corporation [Project No. 4737±005] Commission, the West Virginia Public Tapoco, Inc.; Notice of Scoping Service Commission, and all parties of Morgan J. Langan; Notice of Meetings Pursuant to the National record. Availability of Draft Environmental Environmental Policy Act of 1969 for Assessment an Applicant Prepared Environmental Comment date: September 13, 1999, Assessment in accordance with Standard Paragraph September 1, 1999. E at the end of this notice. September 1, 1999. In accordance with the National Pursuant to the Energy Policy Act of 30. Consolidated Edison Company of Environmental Policy Act of 1969 and 1992, and as part of the license New York, Inc. the Federal Energy Regulatory application, Tapoco, Inc. (Tapoco) [Docket No. ER99–4200–000] Commission’s (Commission’s) intends to prepare an Applicant regulations, the Office of Hydropower Prepared Environmental Assessment Take notice that on August 24, 1999, Licensing has reviewed the application (APEA) to file along with the license Consolidated Edison Company of New requesting the Commission’s application, with the Federal Energy York, Inc. (Con Edison) tendered for authorization to surrender the Regulatory Commission (Commission) filing a service agreement to provide exemption from licensing for the for the Tapoco Project, FERC No. 2169. firm transmission service pursuant to its existing Trinity Alps Hydroelectric The license for the project expires on Open Access Transmission to Southern Project, located on Trinity Alps Creek in February 28, 2005. Company Energy Marketing L.P. Trinity County, California, and has In June, 1998, Tapoco initiated the (Southern). prepared a Draft Environmental cooperative consultation process with Comment date: September 13, 1999, Assessment (DEA) for the proposed federal and state resource agencies, local in accordance with Standard Paragraph action. interests, Indian tribes and nongovernmental organizations (NGOs) E at the end of this notice. In the DEA, Commission staff for the relicensing of the Tapoco Project. Standard Paragraphs concludes that approval of the subject Tapoco obtained support from the surrender of exemption from licensing parties involved in the cooperative E. Any person desiring to be heard or would not produce any significant process to pursue the Alternative to protest such filing should file a adverse environmental impacts; Licensing Process (ALP) for the motion to intervene or protest with the consequently, the proposal would not relicensing of the Tapoco Project. On Federal Energy Regulatory Commission, constitute a major federal action September 30, 1998, Tapoco, Inc. 888 First Street, NE, Washington, DC significantly affecting the quality of the requested, and on February 9, 1999, the 20426, in accordance with Rules 211 human environment. Commission approved the use of the and 214 of the Commission’s Rules of Copies of the DEA can be viewed at ALP. The process has involved Practice and Procedure (18 CFR 385.211 the Commission’s Public Reference identification of environmental issues and 385.214). All such motions or Room, Room 2A, 888 First Street, N.E., associated with the relicensing of the protests should be filed on or before the Washington, DC 20426, or by calling Tapoco Project, including a project site comment date. Protests will be (202) 208–1371. The DEA also may be visit for agencies/stakeholders and a public meeting to solicit comments on considered by the Commission in viewed on the Web at www.ferc.fed.us/ the Initial Consultation Document (ICD) determining the appropriate action to be online/rims.htm. Call (202) 208–2222 and initiate issue identification on April taken, but will not serve to make for assistance. protestants parties to the proceeding. 13 and 14, 1999 and additional public Any comments on the DEA should be Any person wishing to become a party meetings on June 15 and 16, 1999 to filed within 45 days from the date of must file a motion to intervene. Copies continue issue identification. this notice and should be addressed to As part of the ALP, Tapoco, with the of these filings are on file with the David P. Boergers, Secretary, Federal Commission has prepared a Scoping Commission and are available for public Energy Regulatory Commission, 888 Document I (SDI), which provides inspection. This filing may also be First Street, N.E., Washington, D.C. information on the scoping process, an viewed on the Internet at http:// 20426. Please affix ‘‘Trinity Alps Project APEA preparation schedule, www.ferc.fed.us/online/rims.htm (call Surrender of Exemption from Licensing, background information, environmental 202–208–2222 for assistance). Project No. 4737–005’’ to all comments. issues, and proposed project David P. Boergers, For further information, please contract alternatives. Secretary. Jim Haimes at (202) 219–2780. The purpose of this notice is to: (1) [FR Doc. 99–23287 Filed 9–7–99; 8:45 am] Advise all parties as to the proposed Linwood A. Watson, Jr., scope of the environmental analysis, BILLING CODE 6717±01±P Acting Secretary. including cumulative effects, and to [FR Doc. 99–23264 Filed 9–7–99; 8:45 am] seek additional information pertinent to BILLING CODE 6717±01±M this analysis; and (2) advise all parties of their opportunity for comment. Scoping Process The purpose of the scoping process is to identify significant issues related to the proposed action and to determine

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 48824 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices what issues should be addressed in the The meetings will be recorded by a DEPARTMENT OF ENERGY document to be prepared pursuant to stenographer and become a part of the the National Environmental Policy Act formal record of the Commission Federal Energy Regulatory of 1969 (NEPA). The SDI will be proceeding on the relicensing of the Commission circulated to enable appropriate federal, Tapoco Project. Individuals presenting Notice of Intent to Eliminate the state, and local resource agencies, statements at the meetings will be asked Indian tribes, NGOs, and other Remote Public Access System (RPA) to identify themselves for the record. and the Records Information interested parties to participate in the Speaking time allowed for individuals scoping process. SDI provides a brief Management System-Remote Public will be determined before each meeting, Access System (RIMS±RPA) description of the proposed action, based on the number of persons wishing project alternatives, the geographic and to speak and the approximate amount of September 1, 1999. temporal scope of a cumulative effects The Federal Energy Regulatory analysis, and a list of issues. time available for the session. Persons choosing not to speak but wishing to Commission (the Commission), hereby Scoping Meetings express an opinion, as well as speakers gives notice that it intends to eliminate Tapoco and FERC staff will conduct unable to summarize their positions the Commission’s dial up systems two scoping meetings. All interested within their allotted time, may submit effective on or about September 30, individuals, organizations, and agencies written statements for inclusion in the 1999. These systems include the Remote are invited to attend and assist in public record no later than December 4, Public Access System (RPA) and the identifying the scope of environmental 1999. Records Information Management issues that should be analyzed in the System-Remote Public Access System All filings should contain an original (RIMS–RPA). The majority of the data APEA. and 8 copies. Failure to file an original The first scoping meeting will be held and information currently available on and 8 copies may result in appropriate on October 5, 1999, from 8:30 am to 3:30 these dial up systems is available pm at the Tapoco Lodge in Tapoco, NC, staff not receiving the benefit of your through the Commission’s Internet and the second scoping meeting will be comments in a timely manner. All website.1 held on October 5, 1999, from 6:30 pm comments should be submitted to the Government agencies are required to to 9:30 pm at the Blount County Office of the Secretary, Federal Energy be ‘‘Y2K’’ compliant. However, the dial Chamber of Commerce Board Room, 201 Regulatory Commission, 888 First up systems are not year 2000 compliant. South Washington Street, Maryville, Street, N.E., Washington, D.C. 20426, In addition, OMB Circular A–130, TN. Each meeting will commence with and should clearly show the following Section 8(a)(5)(d)(i) directs agencies, a presentation by Tapoco captions on the first page: Tapoco when disseminating information, to representatives followed by the Project, FERC No. 2169. A copy of each achieve ‘‘the best balance between the opportunity for participants to provide filing should also be sent to Norm goals of maximizing the usefulness of information on resources at issue or Pierson, Tapoco, Inc., 300 North Hall the information and minimizing the cost which should be analyzed in the APEA. Road, Alcoa, TN 37701 and to Paul to the government and the public.’’ For more details, interested parties Shiers, Stone & Webster Engineering Eliminating the two dial up systems, RIMS–RPA and RPA, is consistent with should contact Sue Fugate at Tapoco at Corporation, 245 Summer Street, these goals and will eliminate costly (423) 977–3321, prior to the meeting Boston, MA 02210. date. duplication. Based on all comments, a Scoping These systems rely on technology that Objectives Document II (SDII) may be issued. SDII is being used less and less popular with At the scoping meetings, Tapoco and will include a revised list of issues, the advent of the Internet. Moreover, FERC staff will: (1) Summarize the based on the scoping sessions and accessing the systems available through environmental issues identified for written statements received. the Internet is much simpler than analysis in the APEA; (2) identify For further information regarding the accessing the same systems by dialing 2 reasonable alternatives to be addressed scoping process, please contact Ronald in. Since the Commission has limited resources, we must eliminate the cost of in the APEA, (3) solicit from the McKitrick, Federal Energy Regulatory supporting duplicative systems that rely meeting participants all available Commission, Atlanta Regional Office, on older technology. Moreover, given information, especially quantified data, Parkridge 85 North, Suite 300, 3125 on the resources at issue, and (4) the Commission’s fiscal year ends on Presidential Parkway, Atlanta, GA September 30, the greatest cost savings encourage statements from experts and 30340 at (770) 452–3778, E-mail the public on issues that should be to the taxpayer will accrue if these [email protected], or Norm systems are eliminated but the end of analyzed in the APEA. Individuals, Pierson at Tapoco at (423) 977–3326. organizations, and agencies with the fiscal year. Therefore, the environmental expertise and concerns Linwood A. Watson, Jr., are encouraged to attend the meetings Acting Secretary. 1 The one system not yet available on the [FR Doc. 99–23263 Filed 9–7–99; 8:45 am] Commission’s website is the Rates and Tariff and to assist in defining and clarifying Indexing System (RATIS). The Commission is the issues to be addressed. BILLING CODE 6717±01±M currently revising RATIS to make it compatible with the web. The successor to RATIS will be Meeting Procedures known as the Automated Numbering System (ANS). The meetings will be conducted Every effort is being made to make it available by the Commission’s deadline for discontinuing the according to the procedures used at dial up systems. See Appendix A for the location Commission scoping meetings. Because on the Internet of the information currently on the these meetings will be NEPA scoping dial up systems. meetings, the Commission will not 2 The dial-up technology requires users to obtain a password and user ID to access the systems. conduct another scoping meeting after Anyone with access to the Internet may use RIMS the application and APEA are filed with and the Docket Sheet and Service List System the Commission. without obtaining a user ID and password.

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Commission intends to discontinue RPA Secretary, Federal Energy Regulatory and printed remotely via the Internet and RIMS–RPA in the next fiscal year. Commission, 888 First Street, NE, through FERC’s Homepage using the The Commission invites interested Washington, DC 20426. RIMS link or the Energy Information persons to submit written comments on All written comments will be placed Online icon. RIMS user assistance is the matters and issues in this notice. in the Commission’s public files and available at 202–208–2222, or by E-Mail The original and 14 copies of such will be available for inspection in the to [email protected]. comments must be received by the Commission’s Public Reference room at Linwood A. Watson, Jr., Commission before 5:00 p.m. on 888 First Street, NE, Washington, DC September 15, 1999. Comments should 20426, during regular business hours. Acting Secretary. be submitted to the Office of the Additionally, comments may be viewed

APPENDIX A

System or Document Available on dial-up 1 system Location on the internet

RIMS ...... htt://rimsweb1.ferc.fed.us/rims/ Docket Sheets and Service Lists ...... http://fercdocket.ferc.fed.us/pa/pa.htm Sunshine Notice ...... http://www.ferc.fed.us/sec/sec1.htm RATIS (to be renamed ANS) ...... Available approximately October 1, 1999. 2 1 Helplines (202±208±2222 or 202±208±1371) for technical assistance or questions about using the systems available on the Commission's website are staffed during the Commission's official business hours (8:30 a.m. to 5:00 p.m. Eastern Time). Users may also send an e-mail mes- sage at any time to [email protected] for inquiries about RIMS and [email protected] for other types of inquiries. 2 Monitor What's New on the Commission's website for the future location of RATIS (to be renamed ANS) on the web.

[FR Doc. 99–23260 Filed 9–7–99; 8:45 am] 3. Kingman, Holiday Inn, 3100 Andy customers’ proportional shares of the BILLING CODE 6717±01±M Devine power resources available on October 1, 4. Phoenix, YWCA, 9440 N. 25th 2004, through September 30, 2024. In Avenue addition, a further 7-megawatt reduction DEPARTMENT OF ENERGY 5. Salt Lake City, Western Area Power to Tri-State Generation and Administration, 150 Social Hall Transmission Association, Inc.’s (Tri- Western Area Power Administration Avenue, Suite 300 State) allocation will be made. The Power Allocation Procedures and Call All correspondence regarding these amount not extended to existing for Applications, Post-2004 Resource procedures should be directed to the customers will be allocated in PoolÐSalt Lake City Area Integrated following address; Mr. Burt Hawkes, accordance with these procedures. Projects Power Marketing and Contracts Team Western expects the amount will be Lead, CRSP Customer Service Center, sufficient to supply up to 12. 5 percent AGENCY: Western Area Power Western Area Power Administration, of the current load of eligible new Administration, DOE. P.O. Box 11606, Salt Lake City, UT preference applicants and 65 percent of ACTION: Notice of allocation procedures 84147–0606. the current load of eligible Native and call for applications. FOR FURTHER INFORMATION CONTACT: Burt American applicants. Hawkes, Power Marketing and Contracts In an exception to the general rule, SUMMARY: The Western Area Power Team Lead, (801) 524–3344; Clayton the four existing SLCA/IP power Administration (Western), a Federal Palmer, Resources and Environment resource customers that are Native power marketing agency of the Team Lead, (801) 524–3522; or Lyle American entities—the Navajo Tribal Department of Energy (DOE), is seeking Johnson, Public Utilities Specialist, Utility Authority (NTUA), the Ak Chin applicants for long-term firm capacity (801) 524–5585. Written requests for Indian Community, the Bureau of and energy resources (power resources) information should be sent to CRSP Indian Affairs’ Colorado River Agency, available from the Salt Lake City Area Customer Service Center, Western Area and the San Carlos Irrigation Project— Integrated Projects (SLCA/IP) on Power Administration, P.O. Box 11606, will be extended 100 percent of their October 1, 2004. Salt Lake City, UT 84147–0606. pro rata shares of the SLCA/IP resource DATES: Western will hold public available on October 1, 2004. Moreover, SUPPLEMENTARY INFORMATION: information meetings on its procedures Western intends, if necessary, to at the following locations and times: Authorities: Power resources are marketed allocate additional power resources to 1. September 8, 1999, 9 a.m., pursuant to the DOE Organization Act (42 these existing Native American Albuquerque, New Mexico U.S.C. 7101–7352); and the Reclamation Act customers so that 65 percent of the 2. September 9, 1999, 9 a.m., of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent 1998–1999 nonindustrial load of NTUA Farmington, New Mexico enactments, particularly section 9(c) of the and 65 percent of the 1998–1999 total 3. September 14, 1999, 9 a.m. Kingman, Reclamation Project Act of 1939 (43 U.S.C. load of each of the other Native Arizona 485 h(c)); and other acts specifically American organizations is served. 4. September 15, 1999, 9 a.m., Phoenix, applicable to the projects involved. For Native American tribes currently Arizona receiving power from utilities that have 5. September 16, 1999, 9 a.m., Salt Lake Background allocations of Federal power resources, City, Utah Existing power resource contracts Western will take into account the ADDRESSES: were due to expire on September 30, benefit received through the existing 1. Albuquerque, Pueblo Cultural Center; 2004. In a Notice of Decision published supplier when determining their 2401 12th Street NW on June 25, 1999 (64 FR 34413), Western allocations. 2. Farmington, Holiday Inn, 600 E. determined that it will extend 93 During the process of allocating the Broadway percent of most of the existing resource pool, further information about

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4703 Sfmt 4700 E:\FR\FM\A08SE3.006 pfrm04 PsN: 08SEN1 48826 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices actual loads will be collected and used currently served by Mt. Wheeler Power E. Allocations of power resources will to determine the final allocations from in Nevada. be determined by Western and be based the resource pool. Western, to the extent C. Applicants must not be currently upon Western’s system load factor. it is able, will provide technical receiving benefits, directly or indirectly, F. Any electric service contract assistance to Native American from a current power resource offered to an applicant shall be executed applicants requesting assistance in allocation. Native American applicants by the applicant within 6 months of a preparation of their applications and and Navopache Electric Cooperative are contract offer by Western, unless load data. If a Native American not subject to this requirement. otherwise agreed to in writing by applicant received an allocation and D. Applicants must be able to use the Western, or the offer will be withdrawn. executes a purchase contract within the power resource directly or be able to sell G. Power resources available from the request time period but is unable to it directly to their retail customers. resource pool will first be allocated to eligible Native American applicants receive power on October 1, 2004, the E. Applicants must have ‘‘utility with the goal of serving 65 percent of power resources allocated will be status’’ by September 30, 2003. ‘‘Utility their 1998–1999 loads. Remaining provided to other customers until such status’’ means that the entity has power resources will be allocated to time as the Native American applicant responsibility to meet load growth, has is able to accept the power. other eligible applicants. a distribution system, and is ready, H. If unanticipated obstacles to the The Post-2004 Resource Pool Allocation willing, and able to purchase Federal delivery of power resource benefits to Procedures power from Western on a wholesale Native American applicant(s) arise, These procedures for the SLCA/IP basis. Native American tribes are not Western retains the right to provide the address (1) eligibility criteria, (2) subject to this requirement. economic benefits of its resources Western’s plans to allocate the pool F. Any Native American applicant directly to the Native American resources to eligible applicants, and (3) must be an Indian tribe as defined in the applicant(s) in some other manner. the terms and conditions under which Indian Self Determination Act of 1975 IV. General Contract Principles Western will sell the power resources (25 U.S.C. 450b), as amended, or an allocated. organization of an Indian Tribe. Western will apply the following G. Applicants must submit letters of general contract principles to all I. Amount of Power Resources intent and applicant profile data to applicants receiving an allocation of Western will allocate the SLCA/IP Western on or before the dates specified power resources under the proposed power resource available as of October in this notice. Post-2004 Resource Pool Allocation 1, 2004. Procedures. III. General Allocation Criteria A. The electric service contracts II. General Eligibility Criteria Western will apply the following offered to new and existing customers as Western will apply the following general allocation criteria to applicants a result of these allocations will have general eligibility criteria to applicants seeking an allocation of power resources the same general terms and conditions seeking an allocation of power resources under the Post-2004 Resource Pool as the contracts extended to existing under the proposed Post-2004 Resource Allocation Procedures. customers and effective on October 1, Pool Allocation Procedures. A. Allocations of power resources will 2004. A. Applicants, including Native be made in amounts as determined B. Western shall assist the allottee in American applicants, must be entities solely by Western. obtaining third-party transmission that Western determines to be entitled B. An allottee will have the right to arrangements for delivery of power to preference in the allocation of power resources allocated under these resources in accordance with section purchase such power resources only upon the execution of an electric service proposed procedures to new customers; 9(c) of the Reclamation Project Act of nonetheless, each allottee is ultimately 1939 (43 U.S.C. 485h(c)), as amended. contract between Western and the allottee and the continued satisfaction responsible for obtaining its own B. Non-Native American applicants’ delivery arrangements. loads must be located within the portion of all conditions in that contract. of the SLCA/IP marketing area which C. Allocations made to Native V. Applications for Power Resources includes New Mexico and Utah; the American applicants will be based upon Western requests all applications for portion of Colorado west of the actual loads experienced by the Native an allocation of power resources under Continental Divide; the southwest area American applicants on their respective these procedures be submitted in of Wyoming within the Colorado River reservations in the 1998 summer season writing to the CRSP Power Marketing Basin; White Pine County and those and the 1998–99 winter season. If actual and Contracts Team Lead, CRSP portions of Elko and Eureka Counties load data are not available, quality Customer Service Center. The currently served by Mt. Wheeler Power estimates will be accepted. Inconsistent applications, which consist of a letter of in Nevada; and the areas in Arizona and suspect estimates may be adjusted interest and Applicant Profile Data currently served by the Dixie Escalante by Western during the allocation (APD), must be received in Western’s Electric Cooperative, the Garkane Power process. Western is willing to consult CRSP Customer Service Center at P.O. Association, the Navajo Tribal Utility with the Native American applicants to Box 11606, Salt Lake City, UT 84147– Authority, the Navopache Electric develop load data collection and 0606, in accordance with the deadlines Cooperative, and the Continental Divide estimating methods assuring set forth below. Electric Cooperative. Qualified Native consistency among eligible Native American applicants’ loads must be American applicants’ loads across the A. Letter of Interest located within the previously marketing area. Each applicant must submit to the established SLCA/IP marketing area D. Allocations made to non-Native Power Marketing and Contracts Team which consists of Arizona; Colorado; American applicants will be based upon Lead, CRSP Customer Service Center, a New Mexico; Utah; Wyoming; and their energy use experienced in the 1998 Letter of Interest in receiving power Clark, Lincoln, Nye Counties, and those summer season and the 1998–99 winter resources and the appropriate APD as portions of Elko and Eureka Counties season. outlined below. A Letter of Interest must

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.098 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48827 be received by Western by [insert date Indicate whether power supply is on a regulatory flexibility analysis since it is 45 days after publication]. firm basis or some other type of a rulemaking of particular applicability arrangement. involving rates or services applicable to B. Applicant Profile Data 5. Transmission. public property. APD must be received by Western by a. Points of delivery. Provide the [insert date 6 months from date of preferred point(s) of delivery on VII. Review Under the Paperwork publication]. The information should be Western’s system or a third-party’s Reduction Act submitted in the sequence listed below. system and the required service voltage. In accordance with the Paperwork The applicant must provide all b. Transmission arrangements. Reduction Act of 1980 (44 U.S.C. 3501– requested information or a reasonable Describe the transmission arrangements 3520), Western has received approval estimate. The applicant should note any necessary to deliver power resources to from the Office of Management and requested information that is not the requested points of delivery. Budget (OMB) for the collection of applicable. The APD must be typed and c. Other Information. The applicant customer information in this rule under two copies submitted to Western’s CRSP may provide any other information control number 1910–1200. Customer Service Center by the date pertinent to receiving an allocation. VIII. Review Under the National specified above. Western is not d. Signature. The signature and title of Environmental Policy Act responsible for errors in data or missing an appropriate official who is able to pages. All items of information in the attest to the validity of the APD and Western will conduct an APD should be answered as if prepared who is authorized to submit the request environmental evaluation to develop the by the organization seeking the for allocation. appropriate level of environmental allocation. C. Western’s Consideration of documentation pursuant to the National 1. The APD shall consist of the Applications Environmental Policy Act of 1969 following: (NEPA) (42 U.S.C. 4231 et seq.), the a. Applicant’s name and address. When the APD is received by Council on Environmental Quality b. Person(s) representing applicant. Western, Western will determine Regulations (40 CFR parts 1500 Please provide the name, address, title, whether the General Eligibility Criteria through1508), and the DOE NEPA and telephone number of such set forth in section II have been met and Implementing Procedures and person(s). whether all items requested in the APD Guidelines (10 CFR part 1021). c. Type of organization; i.e., have been provided. Western will municipality, rural electric cooperative, request in writing additional IX. Determination Under Executive Native American tribe, State agency, information from any applicant whose Order 12866 Federal agency. Please provide a brief APD is determined to be deficient. The Western has an exemption from description of the organization that will applicant shall have 30 days from the centralized regulatory review under interact with Western on contract and date on Western’s letter of request to Executive Order 12866; accordingly, no billing matters and whether the provide the information. If Western clearance of this notice by the Office of organization owns and operates its own determines that the applicant does not Management and Budget is required. meet the general eligibility criteria, electric utility system. Dated: September 1, 1999. d. Applicable law under which Western will send a letter explaining Timothy J. Meeks, organization was established. why the applicant did not qualify. If the e. Loads. applicant has met the eligibility criteria, Assistant Administrator. 2. Non-Native American Applicants. Western will determine the amount of [FR Doc. 99–23330 Filed 9–7–99; 8:45 am] a. Number and type of customers power resources to be allocated BILLING CODE 6450±01±P served; i.e., residential, commercial, pursuant to the General Allocation industry, military base, agricultural. Criteria set forth in section III. Western b. The actual monthly maximum will send a draft contract to the ENVIRONMENTAL PROTECTION demand in kilowatts and energy use in applicant for review which identifies AGENCY the terms and conditions of the offer kilowatt-hours experienced in the 1998 [FRL±6434±9] summer season (April 1998 through and the amount of power resources September 1998) and the 1998–99 allocated to the applicant. All power Industrial Non-Hazardous Waste Policy winter season (October 1998 through resources shall be allocated according to Dialogue Committee; Notice of Charter March 1999). the procedures in the General Renewal 3. Native American Applicants. Allocation Criteria set forth in section a. Number and type of customers III. Western reserves the right to AGENCY: Environmental Protection served; i.e., residential, commercial, determine the amount of power Agency (EPA). industrial, military base, agricultural. resources to allocate to an applicant, as ACTION: Notice of charter renewal. b. The actual demand in kilowatts and justified by the applicant in its APD. energy use in kilowatthours for the 1998 The Charter for the Environmental summer season and the 1998–99 winter VI. Review Under the Regulatory Protection Agency’s Industrial Non- season. If actual loads are not available, Flexibility Act Hazardous Waste Policy Dialogue an estimate of these loads with a The Regulatory Flexibility Act (5 Committee (INWPDC) will be renewed description of the method and basis for U.S.C. 601 et seq.) requires Federal for an additional two-year period, as a this estimate will be accepted. agencies to perform a regulatory necessary committee which is in the 4. Resources. flexibility analysis if a rule is likely to public interest, in accordance with the a. A list of current power supplies, have a significant economic impact on provisions of the Federal Advisory including the applicant’s own a substantial number of small entities Committee Act (FACA), 5 U.S.C. Appl generation and purchases from others. and there is a legal requirement to issue Section 9(c). The purpose of INWPDC is For each, provide capacity and location. a general notice of proposed to provide advice and recommendations b. Status of power supply contracts, rulemaking. Western has determined to the Administrator of EPA on issues including a contract termination date. that this action does not require a associated with the development of

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[FR Doc. 99–23403 Filed 9–3–99; 12:38 pm] Inquiries may be directed to Deborah BILLING CODE 6560±50±P Dalton, Designated Federal Officer, ENVIRONMENTAL PROTECTION INWPDC, U.S. EPA, (mail code 2136), AGENCY 401 M Street, SW, Washington, DC ENVIRONMENTAL PROTECTION 20460. AGENCY [OPP±30419A; FRL±6099±3] Dated: July 29, 1999. Thomas E. Kelly, [FRL±6433±8] Pesticide Products; Registration Acting Associate Administrator, Office of Approval Policy and Reinvention. Public Meetings of the Urban Wet [FR Doc. 99–23272 Filed 9–7–99; 8:45 am] Weather Flows Advisory Committee, AGENCY: Environmental Protection BILLING CODE 6560±50±M the Storm Water Phase II Advisory Agency (EPA). Subcommittee, and the Sanitary Sewer Overflow Advisory Subcommittee ACTION: Notice. ENVIRONMENTAL PROTECTION AGENCY AGENCY: Environmental Protection SUMMARY: This notice announces Agency. Agency approval of applications to [FRL±6435±2] ACTION: Notice. register the pesticide products Sulfotine and Raid TVK containing an active Microbial and Disinfectants/ SUMMARY: Notice is given that the ingredient not included in any Disinfection Byproducts Advisory Environmental Protection Agency (EPA) previously registered product pursuant Committee; Notice of Meeting is convening a public meeting of only to the provisions of section 3(c)(5) of the the Sanitary Sewer Overflow (SSO) Federal Insecticide, Fungicide, and AGENCY: Environmental Protection Advisory Subcommittee to discuss the Rodenticide Act (FIFRA), as amended. Agency. draft National Pollutant Discharge ACTION: Notice of meeting. Elimination System (NPDES) regulation FOR FURTHER INFORMATION CONTACT: By and policy for municipal sanitary sewer mail: Ann Sibold, Insecticide Branch, SUMMARY: Under Section 10(a)(2) of collection systems. This meeting is open Registration Division (7505C), Office of Public Law 92–423, ‘‘The Federal to the public. Advance registration is Pesticide Programs, Environmental Advisory Committee Act,’’ notice is required by September 17 since public Protection Agency, 401 M St., SW., hereby given that a meeting of the seating is limited. Attendees should Washington, DC 20460; telephone Microbial and Disinfectants/ register by faxing their name, address, number:(703) 305–6502; and e- mail Disinfection Byproducts Advisory daytime telephone, fax number, and address: [email protected]. Committee established under the Safe days of attendance to Sharie Centilla at SUPPLEMENTARY INFORMATION: Drinking Water Act, as amended (42 202–260–1460. U.S.C. S300f et seq.), will be held on A limited number of government-rate I. General Information September 8–9, 1999, from 9:00 a.m. to hotel rooms ($98.55 single) are 5:00 p.m. eastern time at RESOLVE, available. Hotel reservations should be A. Does this Action Apply to Me? Inc., 1255 23rd Street, NW, Suite 275 made by calling the Ramada Inn & You may be affected by this action if Washington DC 20037. The meeting is Conference Center at 1–800–666–8888 you are an agricultural producer, food open to the public, but due to past by September 17, 1999. The block is manufacturer, or pesticide experience, seating will be limited. listed as ‘‘USEPA SSO FAC.’’ manufacturer. Potentially affected The purpose of this meeting will be to DATES: September 27–30, 1999. categories and entities may include, but discuss a framework to evaluate data on ADDRESSES: Ramada Inn & Conference microbial risk in a regulatory context, are not limited to pesticide Center, 500 Merrimac Trail, introduce data on microbial occurrence, manufacturing, (NAICS code 32532). Williamsburg, VA 23185. review current studies on dose-response This listing is not intended to be and epidemiology of microbial disease TIME: On September 27, the meeting will exhaustive, but rather provides a guide from drinking water, and describe risk start at approximately 1:00 p.m. EDT for readers regarding entities likely to be of microbial disease from drinking and end at approximately 5:30 p.m. On affected by this action. Other types of water. September 28, 29, and 30, the meeting entities not listed in the table could also Statements from the public will be will start at 9:00 a.m. and end at be affected. The North American taken if time permits. approximately 5:00 p.m. Industrial Classification System For more information, please contact FOR FURTHER INFORMATION CONTACT: (NAICS) codes have been provided to Martha M. Kucera, Designated Federal Sharie Centilla, Office of Wastewater assist you and others in determining Officer, Microbial Disinfectants/ Management, at (202) 260–6052 whether or not this action might apply Disinfection Byproducts Advisory daytime; 202–260–1460 fax, or Internet: to certain entities. If you have questions Committee, U.S. EPA, Office of Ground [email protected]. regarding the applicability of this action Water and Drinking Water, Mailcode Background information is available to a particular entity, consult the person 4607, 401 M Street, SW, Washington, on the EPA website: http:// listed in the ‘‘FOR FURTHER DC 20460. The telephone number is www.epa.gov/owm/wet.htm. INFORMATION CONTACT.’’

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B. How Can I Get Additional A fact sheet which provides more ENVIRONMENTAL PROTECTION Information, Including Copies of this detail on these registrations may be AGENCY Document and Other Related obtained from the National Technical [PF±888; FRL±6097±6] Documents? Information Service (NTIS), 5285 Port 1. Electronically. You may obtain Royal Road, Springfield, VA 22161. Notice of Filing a Pesticide Petition to electronic copies of this document, and II. Did EPA Approve the Application? Establish a Tolerance for Certain certain other related documents that Pesticide Chemicals in or on Food The Agency approved the might be available electronically, from AGENCY: Environmental Protection the EPA Internet Home Page at http:// applications after considering all Agency (EPA). www.epa.gov/. To access this required data on risks associated with ACTION: Notice. document, on the Home Page select the proposed use of lithium ‘‘Laws and Regulations’’ and then look perfluorooctane sulfonate (LPOS), and SUMMARY: This notice announces the up the entry for this document under information on social, economic, and initial filing of a pesticide petition the ‘‘ Federal Register— Environmental environmental benefits to be derived proposing the establishment of Documents.’’ You can also go directly to from use. Specifically, the Agency has regulations for residues of certain the Federal Register listings at http:// considered the nature of the chemical pesticide chemicals in or on various www.epa.gov/fedrgstr/. and its pattern of use, application food commodities. To access a fact sheet which provides methods and rates, and level and extent DATES: Comments, identified by docket more detail on these registrations, go to of potential exposure. Based on these control number PF–888, must be the Office of Pesticide Programs home reviews, the Agency was able to make received on or before October 8, 1999. page at http://www.epa.gov/pesticides/, basic health and safety determinations ADDRESSES: Comments may be and select ‘‘factsheet.’’ which show that use of LPOS when submitted by mail, electronically, or in 2. In person. The Agency has used in accordance with widespread person. Please follow the detailed established an official record for this and commonly recognized practice, will instructions for each method as action under docket control number not generally cause unreasonable provided in Unit I.C. of the OPP–30419A. The official record adverse effects to the environment. ‘‘SUPPLEMENTARY INFORMATION’’ consists of the documents specifically section. To ensure proper receipt by referenced in this action, any public III. Approved Applications EPA, it is imperative that you identify comments received during an applicable EPA issued a notice, published in the docket control number PF–888 in the comment period, and other information Federal Register of September 4, 1996 subject line on the first page of your related to this action, including any response. information claimed as confidential (61 FR 46643) (FRL–5392–1), which announced that S.C. Johnson & Sons, FOR FURTHER INFORMATION CONTACT: By business information (CBI). This official mail: Linda Deluise, Registration record includes the documents that are 1525 Howe St., Racine, WI 53403. had submitted applications to register the Division (7505C), Office of Pesticide physically located in the docket, as well Programs, Environmental Protection as the documents that are referenced in pesticide products, Sulfotine and Raid TVK, both insecticides (EPA files Agency, 401 M St., SW., Washington, those documents. The public version of DC 20460; telephone number: (703) symbol 4822-ULT and 4822-ULI, the official record does not include any 305–5428; and e-mail address: respectively), containing the new active information claimed as CBI. The public [email protected]. version of the official record, which ingredient lithium perfluorooctane SUPPLEMENTARY INFORMATION: includes printed, paper versions of any sulfonate at 26% and 0.03% electronic comments submitted during resepectively, an active ingredient not I. General Information an applicable comment period, is included in any previously registered A. Does this Action Apply to Me? available for inspection in the Public product. You may be affected by this action if Information and Records Integrity The applications were approved on Branch (PIRIB), Rm. 119, Crystal Mall you are an agricultural producer, food August 3, 1999, as Sulfotine (EPA manufacturer or pesticide manufacturer. #2, 1921 Jefferson Davis Hwy., Registration Number 4822–457) for Arlington, VA, from 8:30 a.m. to 4 p.m., Potentially affected categories and manufacturing purpose only, and Raid Monday through Friday, excluding legal entities may include, but are not limited TVK (EPA Registration Number 4822– holidays. The PIRIB telephone number to: is (703) 305–5805. 458) for use as a hornet, yellow jacket and wasp bait station. In accordance with section 3(c)(2) of FIFRA, a copy of the approved label, the List of Subjects Cat- Examples of poten- list of data references, the data and other egories NAICS tially affected entities scientific information used to support Environmental protection, Pesticides registration, except for material and pests. Industry 111 Crop production specifically protected by section 10 of Dated: August 26, 1999. 112 Animal production FIFRA, are also available for public 311 Food manufacturing James Jones, inspection. Requests for data must be 32532 Pesticide manufac- made in accordance with the provisions turing Director, Registration Division, Office of of the Freedom of Information Act and Pesticide Programs. must be addressed to the Freedom of This listing is not intended to be Information Office (A-101), 401 M St., [FR Doc. 99–23196 Filed 9–7–99; 8:45 am] exhaustive, but rather provides a guide SW., Washington, DC 20460. The BILLING CODE 6560±50±F for readers regarding entities likely to be request should: Identify the product affected by this action. Other types of name and registration number and entities not listed in the table could also specify the data or information desired. be affected. The North American

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Industrial Classification System (7502C), Office of Pesticide Programs 3. Provide copies of any technical (NAICS) codes have been provided to (OPP), Environmental Protection information and/or data you used that assist you and others in determining Agency, 401 M St., SW., Washington, support your views. whether or not this action might apply DC 20460. 4. If you estimate potential burden or to certain entities. If you have questions 2. In person or by courier. Deliver costs, explain how you arrived at the regarding the applicability of this action your comments to: Public Information estimate that you provide. to a particular entity, consult the person and Records Integrity Branch (PIRIB), listed in the ‘‘FOR FURTHER Information Resources and Services 5. Provide specific examples to INFORMATION CONTACT’’ section. Division (7502C), Office of Pesticide illustrate your concerns. Programs (OPP), Environmental 6. Make sure to submit your B. How Can I Get Additional Protection Agency, Rm. 119, Crystal comments by the deadline in this Information, Including Copies of this Mall #2, 1921 Jefferson Davis Highway, notice. Document and Other Related Arlington, VA. The PIRIB is open from Documents? 7. To ensure proper receipt by EPA, 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control 1. Electronically. You may obtain Friday, excluding legal holidays. The number assigned to this action in the electronic copies of this document, and PIRIB telephone number is (703) 305– subject line on the first page of your certain other related documents that 5805. response. You may also provide the might be available electronically, from 3. Electronically. You may submit name, date, and Federal Register the EPA Internet Home Page at http:// your comments electronically by E-mail citation. www.epa.gov/. To access this to: ‘‘[email protected],’’ or you can document, on the Home Page select submit a computer disk as described II. What Action is the Agency Taking? ‘‘Laws and Regulations’’ and then look above. Do not submit any information EPA has received pesticide petitions up the entry for this document under electronically that you consider to be as follows proposing the establishment the ‘‘Federal Register--Environmental CBI. Avoid the use of special characters Documents.’’ You can also go directly to and/or amendment of regulations for and any form of encryption. Electronic residues of certain pesticide chemicals the Federal Register listings at http:// submissions will be accepted in www.epa.gov/fedrgstr/. in or on various food commodities Wordperfect 5.1/6.1 or ASCII file under section 408 of the Federal Food, 2. In person. The Agency has format. All comments in electronic form established an official record for this Drug, and Comestic Act (FFDCA), 21 must be identified by docket control U.S.C. 346a. EPA has determined that action under docket control number PF– number PF–888. Electronic comments 888. The official record consists of the these petitions contain data or may also be filed online at many Federal information regarding the elements set documents specifically referenced in Depository Libraries. this action, any public comments forth in section 408(d)(2); however, EPA received during an applicable comment D. How Should I Handle CBI That I has not fully evaluated the sufficiency period, and other information related to Want to Submit to the Agency? of the submitted data at this time or this action, including any information Do not submit any information whether the data supports granting of claimed as confidential business electronically that you consider to be the petitions. Additional data may be information (CBI). This official record CBI. You may claim information that needed before EPA rules on the includes the documents that are you submit to EPA in response to this petitions. physically located in the docket, as well document as CBI by marking any part or List of Subjects as the documents that are referenced in all of that information as CBI. those documents. The public version of Information so marked will not be Environmental protection, the official record does not include any disclosed except in accordance with Agricultural commodities, Feed information claimed as CBI. The public procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides version of the official record, which In addition to one complete version of and pests, Reporting and recordkeeping includes printed, paper versions of any the comment that includes any requirements. electronic comments submitted during information claimed as CBI, a copy of Dated: August 23, 1999. an applicable comment period, is the comment that does not contain the available for inspection in the Public information claimed as CBI must be James Jones, Information and Records Integrity submitted for inclusion in the public Branch (PIRIB), Rm. 119, Crystal Mall version of the official record. Director, Registration Division, Office of Pesticide Programs. #2, 1921 Jefferson Davis Highway, Information not marked confidential Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version Summaries of Petitions Monday through Friday, excluding legal of the official record without prior holidays. The PIRIB telephone number notice. If you have any questions about Petitioner summaries of the pesticide is (703) 305–5805. CBI or the procedures for claiming CBI, petitions are printed below as required please consult the person identified in by section 408(d)(3) of the FFDCA. The C. How and to Whom Do I Submit summaries of the petitions were Comments? the ‘‘FOR FURTHER INFORMATION CONTACT’’ section. prepared by the petitioners and You may submit comments through represent the views of the petitioners. the mail, in person, or electronically. To E. What Should I Consider as I Prepare EPA is publishing the petition ensure proper receipt by EPA, it is My Comments for EPA? summaries verbatim without editing imperative that you identify docket You may find the following them in any way. The petition summary control number PF–888 in the subject suggestions helpful for preparing your announces the availability of a line on the first page of your response. comments: description of the analytical methods 1. By mail. Submit your comments to: 1. Explain your views as clearly as available to EPA for the detection and Public Information and Records possible. measurement of the pesticide chemical Integrity Branch (PIRIB), Information 2. Describe any assumptions that you residues or an explanation of why no Resources and Services Division used. such method is needed.

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1. FMC Corporation pop) at 0.05 ppm; green onions at 6.0 4. Subchronic toxicity. Short- and ppm; alfalfa seed at 0.5 ppm, alfalfa intermediate-term toxicity. The NOAEL PP 9F6037, 4F4399, and 4F3012 forage at 10.0 ppm, and alfalfa hay at of 3.8 mg/kg/day based on the NOAEL EPA has received pesticide petitions 30.0 ppm; corn, sweet (K+CWHR) at 0.1 7.5 mg/kg/day from the cypermethrin (PP 9F6037, 4F4399, and 4F3012) from ppm, and corn, forage and corn, fodder chronic feeding/oncogenicity study in FMC Corporation, 1735 Market Street, at 30.0 ppm will not be exceeded when rats and a correction factor of two to Philadelphia, PA 19103 proposing, the zeta-cypermethrin products labeled account for the biologically active pursuant to section 408(d) of the Federal for these uses are used as directed. isomer would also be used for short- Food, Drug, and Cosmetic Act (FFDCA), and intermediate-term MOE B. Toxicological Profile 21 U.S.C. 346a(d), to amend 40 CFR part calculations (as well as acute, discussed 180 by establishing a tolerance for 1. Acute toxicity. For the purposes of in (1) above). The LOAEL of 50.0 mg/ residues of zeta-cypermethrin (±-α- assessing acute dietary risk, FMC has kg/day was based on neurological signs cyano(3-phenoxyphenyl)methyl (±) cis, used the no observed adverse effect which were displayed during week one trans 3-(2,2-dichloroethenyl)-2,2- level (NOAEL) of 3.8 milligrams/ of the study. dimethylcyclopropanecarboxylate) in or kilograms/day (mg/kg/day) based on the 5. Chronic toxicity— i. The reference on the raw agricultural commodity NOAEL of 7.5 mg/kg/day from the dose (RfD) of 0.0125 mg/kg/day for zeta- sugar beets, roots at 0.05 parts per cypermethrin chronic feeding/ cypermethrin is based on a NOAEL of million (ppm), sugar beets, tops at 0.20 oncogenicity study in rats and a 2.5 mg/kg/day from a cypermethrin rat ppm; sugarcane at 0.60 ppm; corn, grain correction factor of two to account for reproduction study and an uncertainty (field, seed and pop) at 0.05 ppm; green the differences in the percentage of the factor of 200 (used to account for the onions at 6.0 ppm; alfalfa seed at 0.5 biologically active isomer. The lowest differences in the percentage of the ppm; alfalfa forage at 10.0 ppm; and observed adverse effect level (LOAEL) of biologically active isomer). The alfalfa hay at 30.0 ppm; and corn, sweet 50.0 mg/kg/day was based on endpoint effect of concern was based on (K+CWHR) at 0.1 ppm; corn, forage and neurological signs which were consistent decreased body weight gain corn, fodder at 30.0 ppm; poultry, meat displayed during week one of the study. in both sexes at the LOAEL of 7.5 mg/ at 0.05 ppm; poultry, meat byproducts This acute dietary endpoint is used to kg/day. at 0.05 ppm; poultry, fat at 0.05 ppm; determine acute dietary risks to all ii. Cypermethrin is classified as a eggs at 0.05 ppm; meat of cattle, goats, population subgroups. Group C Chemical (possible human hogs, horses, and sheep at 0.3 ppm; fat 2. Genotoxicity. The following carcinogen with limited evidence of of cattle, goats, hogs, horses, and sheep genotoxicity tests were all negative: in carcinogenicity in animals) based upon at 2.0 ppm; and milk, fat at 1.0 ppm vivo chromosomal aberration in rat bone limited evidence for carcinogenicity in (reflecting 0.2 ppm in whole milk). EPA marrow cells; in vitro cytogenic female mice; assignment of a Q* has not has determined that the petition chromosome aberration; unscheduled been recommended. contains data or information regarding DNA synthesis; CHO/HGPTT mutagen 6. Animal metabolism. The the elements set forth in section assay; weakly mutagenic: gene mutation metabolism of cypermethrin in animals 408(d)(2) of the FFDCA; however, EPA (Ames). is adequately understood. Cypermethrin has not fully evaluated the sufficiency 3. Reproductive and developmental has been shown to be rapidly absorbed, of the submitted data at this time or toxicity. No evidence of additional distributed, and excreted in rats when whether the data supports granting of sensitivity to young rats was observed administered orally. Cypermethrin is the petition. Additional data may be following prenatal or postnatal exposure metabolized by hydrolysis and needed before EPA rules on the petition. to zeta-cypermethrin. oxidation. i. A 2-generation reproductive toxicity 7. Metabolite toxicology. The Agency A. Residue Chemistry study with zeta-cypermethrin in rats has previously determined that the 1. Plant metabolism. The metabolism demonstrated a NOAEL of 7.0 mg/kg/ metabolites of cypermethrin are not of of cypermethrin in plants is adequately day and a LOAEL of 27.0 mg/kg/day for toxicological concern and need not be understood. Studies have been parental/systemic toxicity based on included in the tolerance expression. conducted to delineate the metabolism body weight, organ weight, and clinical 8. Endocrine disruption. No special of radiolabelled cypermethrin in various signs. There were no adverse effects in studies investigating potential crops all showing similar results. The reproductive performance. The NOAEL estrogenic or other endocrine effects of residue of concern is the parent for reproductive toxicity was considered cypermethrin have been conducted. compound only. to be > 45.0 mg/kg/day, the highest dose However, no evidence of such effects 2. Analytical method. There is a tested. were reported in the standard battery of practical analytical method for detecting ii. A developmental study with zeta- required toxicology studies which have and measuring levels of cypermethrin in cypermethrin in rats demonstrated a been completed and found acceptable. or on food with a limit of detection that maternal NOAEL of 12.5 mg/kg/day and Based on these studies, there is no allows monitoring of food with residues a LOAEL of 25 mg/kg/day based on evidence to suggest that cypermethrin at or above the levels set in these decreased maternal body weight gain, has an adverse effect on the endocrine tolerances (Gas Chromatography with food consumption and clinical signs. system. Electron Capture Detection (GC/ECD). There were no signs of developmental 3. Magnitude of residues. Crop field toxicity at 35.0 mg/kg/day, the highest C. Aggregate Exposure trial residue data from studies dose level tested. 1. Dietary exposure— i. Food. conducted at the maximum label rates iii. A developmental study with Permanent tolerances, in support of for sugar beets, sugarcane, corn (field, cypermethrin in rabbits demonstrated a registrations, currently exist for residues seed, pop and sweet), green and bulb maternal NOAEL of 100 mg/kg/day and of zeta-cypermethrin on cottonseed; onions, and alfalfa, show that the a LOAEL of 450 mg/kg/day based on pecans; lettuce, head; onions, bulb; and proposed zeta-cypermethrin tolerances decreased body weight gain. There were cabbage and livestock commodities of on sugar beets, roots at 0.05 ppm; sugar no signs of developmental toxicity at cattle, goats, hogs, horses, and sheep beets, tops at 0.20 ppm; sugarcane at 700 mg/kg/day, the highest dose level (along with the associated meat and 0.60 ppm; corn, grain (field, seed and tested. milk tolerances). For the purposes of

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.014 pfrm04 PsN: 08SEN1 48832 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices assessing the potential dietary exposure percentile 0.005234 mg/kg/day (MOE of insoluble in water and extremely for these existing and the subject 725) and 0.004178 (MOE of 909); and lipophilic. As a result, FMC concludes proposed tolerances, FMC has utilized 99.9th percentile 0.034965 mg/kg/day that residues reaching surface waters available information on anticipated (MOE of 108) and 0.014545 (MOE of from field runoff will quickly adsorb to residues, monitoring data and percent 261). The 95th percentile of exposure sediment particles and be partitioned crop treated (PCT) as follows: for females (13+/nursing) was estimated from the water column. Further, a ii. Acute exposure and risk. Acute to be 0.001448 mg/kg/day (MOE of screening evaluation of leaching dietary exposure risk assessments are 2623); 99th percentile 0.003594 mg/kg/ potential of a typical pyrethroid was performed for a food-use pesticide if a day (MOE of 1057); and 99.9th conducted using EPA’s Pesticide Root toxicological study has indicated the percentile 0.011663 mg/kg/day (MOE of Zone Model (PRZM3). Based on this possibility of an effect of concern 325). Therefore, FMC concludes that the screening assessment, the potential occurring as a result of a 1-day or single acute dietary risk of zeta-cypermethrin, concentrations of a pyrethroid in ground exposure. For the purposes of assessing as estimated by the dietary risk water at depths of 1 and 2 meters are acute dietary risk for zeta-cypermethrin, assessment, does not appear to be of essentially zero (<0.001 parts per FMC has used the NOAEL of 3.8 mg/kg/ concern. billion). Surface water concentrations day based on the NOAEL of 7.5 mg/kg/ iii. Chronic exposure and risk. The for pyrethroids were estimated using day from the cypermethrin chronic RfD of 0.0125 mg/kg/day for zeta- PRZM3 and Exposure Analysis feeding/oncogenicity study in rats and a cypermethrin is based on a NOAEL of Modeling System (EXAMS) using 2.5 mg/kg/day from a cypermethrin rat correction factor of two to account for standard EPA cotton runoff and reproduction study and an uncertainty the differences in the percentage of the Mississippi pond scenarios. The factor of 200 (used to account for the biologically active isomer. The LOAEL maximum concentration predicted in differences in the percentage of the of 50.0 mg/kg/day was based on the simulated pond was 0.052 parts per biologically active isomer). The neurological signs which were billion. Concentrations in actual endpoint effect of concern was based on displayed during week one of this drinking water would be much lower consistent decreased body weight gain study. This acute dietary endpoint is than the levels predicted in the in both sexes at the LOAEL of 7.5 mg/ hypothetical, small, stagnant farm pond used to determine acute dietary risks to kg/day. A chronic dietary exposure/risk model since drinking water derived all population subgroups. Available assessment has been performed for zeta- from surface water would normally be information on anticipated residues, cypermethrin using the above RfD. treated before consumption. Based on monitoring data and PCT was Available information on anticipated these analyses, the contribution of water incorporated into a Tier 3 analysis, residues, monitoring data and PCT was to the dietary risk estimate is negligible. using Monte Carlo modeling for incorporated into the analysis to Therefore, FMC concludes that together commodities that may be consumed in estimate the anticipated residue these data indicate that residues are not a single serving. These assessments contribution (ARC). The ARC is expected to occur in drinking water. show that the margins of exposure generally considered a more realistic 2. Non-dietary exposure. Zeta- (MOE) are significantly greater than the estimate than an estimate based on cypermethrin is registered for EPA standard of 100 for all tolerance level residues. The ARC is agricultural crop applications only, subpopulations. The 95th percentile of estimated to be 0.000379 mg/kg body therefore non-dietary exposure exposure for the overall U. S. weight (bwt)/day and utilizes 3.0% of assessments are not warranted. population was estimated to be the RfD for the overall U. S. population. D. Cumulative Effects 0.001934 mg/kg/day (MOE of 1964); The ARC for nursing infants (<1 year) 99th percentile 0.003844 mg/kg/day and non-nursing infants (< 1 year) is In consideration of potential (MOE of 988); and 99.9th percentile estimated to be 0.000104 mg/kg bwt/day cumulative effects of cypermethrin and 0.012574 mg/kg/day (MOE of 302). The and 0.000509 mg/kg bwt/day and other substances that may have a 95th percentile of exposure for all utilizes 0.8% and 4.1% of the RfD, common mechanism of toxicity, to our < infants 1 year old was estimated to be respectively. The ARC for children 1-6 knowledge there are currently no 0.002195 mg/kg/day (MOE of 1730); years old (subgroup most highly available data or other reliable 99th percentile 0.004976 mg/kg/day exposed) and children 7-12 years old is information indicating that any toxic (MOE of 763); and 99.9th percentile estimated to be 0.000904 mg/kg bwt/day effects produced by cypermethrin 0.016942 mg/kg/day (MOE of 224). The and 0.000544 mg/kg bwt/day and would be cumulative with those of other 95th percentile of exposure for nursing utilizes 7.2% and 4.4% of the RfD, chemical compounds; thus only the infants < 1 year old was estimated to be respectively. The ARC for females (13+/ potential risks of cypermethrin have 0.001090 mg/kg/day (MOE of 3484); nursing) is estimated to be 0.000365 mg/ been considered in this assessment of its 99th percentile 0.002516 mg/kg/day kg bwt/day and utilizes 2.9% of the RfD. aggregate exposure. FMC intends to (MOE of 1510); and 99.9th percentile Generally speaking, the EPA has no submit information for the EPA to 0.004140 mg/kg/day (MOE of 917). The cause for concern if the total dietary consider concerning potential 95th percentile of exposure for non- exposure from residues for uses for cumulative effects of cypermethrin nursing infants < 1 year old was which there are published and proposed consistent with the schedule established estimated to be 0.002288 mg/kg/day tolerances is less than 100% of the RfD. by EPA in the Federal Register of (MOE of 1660); 99th percentile 0.006164 Therefore, FMC concludes that the August 4, 1997 (62 FR 42020) (FRL– mg/kg/day (MOE of 616); and 99.9th chronic dietary risk of zeta- 5734–6) and other EPA publications percentile 0.018741 mg/kg/day (MOE of cypermethrin, as estimated by the pursuant to the Food Quality Protection 202). The 95th percentile of exposure dietary risk assessment, does not appear Act. for children 1 to 6 years old (the most to be of concern. highly exposed population subgroup) iv. Drinking water. Laboratory and E. Safety Determination and children 7 to 12 years old was field data have demonstrated that 1. U.S. population. Based on a estimated to be, respectively, 0.002993 cypermethrin is immobile in soil and complete and reliable toxicology data mg/kg/day (MOE of 1269) and 0.002286 will not leach into ground water. Other base, the RfD for zeta-cypermethrin is mg/kg/day (MOE of 1662); 99th data show that cypermethrin is virtually 0.0125 mg/kg/day, based on a NOAEL of

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2.5 mg/kg/day and a LOAEL of 7.5 mg/ mg/kg/day (MOE of 1662); 99th the highest doses tested in the rat (35.0 kg/day from the cypermethrin rat percentile 0.005234 mg/kg/day (MOE of mg/kg/day) or in the rabbit (700 mg/kg/ reproduction study and an uncertainty 725) and 0.004178 (MOE of 909); and day). Therefore, there is no evidence of factor of 200. Available information on 99.9th percentile 0.034965 mg/kg/day a special dietary risk (either acute or anticipated residues, monitoring data (MOE of 108) and 0.014545 (MOE of chronic) for infants and children which and PCT was incorporated into an 261). The 95th percentile of exposure would require an additional safety analysis to estimate the ARC for 26 for females (13+/nursing) was estimated factor. to be 0.001448 mg/kg/day (MOE of population subgroups. The ARC is v. Postnatal. Based on the absence of generally considered a more realistic 2623); 99th percentile 0.003594 mg/kg/ pup toxicity up to dose levels which estimate than an estimate based on day (MOE of 1057); and 99.9th produced toxicity in the parental tolerance level residues. The ARC is percentile 0.011663 mg/kg/day (MOE of animals, there is no evidence of special estimated to be 0.000379 mg/kg body 325). Therefore, FMC concludes that postnatal sensitivity to infants and weight (bwt)/day and utilizes 3.0% of there is reasonable certainty that no children in the rat reproduction study. the RfD for the overall U. S. population. harm will result from acute exposure to The ARC for nursing infants (<1 year) zeta-cypermethrin. vi. Conclusion. Based on the above, and non-nursing infants (<1 year) is 2. Infants and children— i. General. FMC concludes that reliable data estimated to be 0.000104 mg/kg bwt/day In assessing the potential for additional support use of the standard 100-fold and 0.000509 mg/kg bwt/day and sensitivity of infants and children to uncertainty factor, and that an utilizes 0.8% and 4.1% of the RfD, residues of zeta-cypermethrin, FMC additional uncertainty factor is not respectively. The ARC for children 1-6 considered data from developmental needed to protect the safety of infants years old (subgroup most highly toxicity studies in the rat and rabbit, and children. As stated above, aggregate exposed) and children 7-12 years old are and a 2-generation reproductive study exposure assessments utilized estimated to be 0.000904 mg/kg bwt/day in the rat. The data demonstrated no significantly less than 1% of the RfD for and 0.000544 mg/kg bwt/day and indication of increased sensitivity of either the entire U. S. population or any utilizes 7.2% and 4.4% of the RfD, rats to zeta-cypermethrin or rabbits to of the 26 population subgroups respectively. The ARC for females (13+/ cypermethrin in utero and/or postnatal including infants and children. nursing) is estimated to be 0.000365 mg/ exposure to zeta-cypermethrin or Therefore, it may be concluded that cypermethrin. The developmental kg bwt/day and utilizes 2.9% of the RfD. there is reasonable certainty that no toxicity studies are designed to evaluate Generally speaking, the EPA has no harm will result to infants and children adverse effects on the developing cause for concern if the total dietary from aggregate exposure to organism resulting from pesticide exposure from residues for uses for cypermethrin residues. which there are published and proposed exposure during prenatal development tolerances is less than 100% of the RfD. to one or both parents. Reproduction F. International Tolerances Therefore, FMC concludes that the studies provide information relating to There are no Codex, Canadian, or chronic dietary risk of zeta- effects from exposure to the pesticide on Mexican residue limits for residues of cypermethrin, as estimated by the the reproductive capability of mating zeta-cypermethrin in or on sugar beets, aggregate risk assessment, does not animals and data on systemic toxicity. sugarcane, corn (field, seed, pop and appear to be of concern. FFDCA section 408 provides that EPA may apply an additional margin of sweet), green and bulb onions, and The 95th percentile of exposure for safety for infants and children in the alfalfa. the overall U. S. population was case of threshold effects to account for estimated to be 0.001934 mg/kg/day prenatal and postnatal toxicity and the 2. FMC Corporation (MOE of 1964); 99th percentile 0.003844 completeness of the data base. PP 9F6040 mg/kg/day (MOE of 988); and 99.9th ii. Developmental toxicity studies. In percentile 0.012574 mg/kg/day (MOE of the prenatal developmental toxicity EPA has received a pesticide petition 302). The 95th percentile of exposure studies in rats and rabbits, there was no (PP 9F6040) from FMC Corporation, for all infants < 1 year old was estimated evidence of developmental toxicity at 1735 Market Street, Philadelphia, PA to be 0.002195 mg/kg/day (MOE of the highest doses tested (35.0 mg/kg/day 19103 proposing, pursuant to section 1730); 99th percentile 0.004976 mg/kg/ in rats and 700 mg/kg/day in rabbits). day (MOE of 763); and 99.9th percentile Decreased body weight gain was 408(d) of the Federal Food, Drug, and 0.016942 mg/kg/day (MOE of 224). The observed at the maternal LOAEL in each Cosmetic Act (FFDCA), 21 U.S.C. 95th percentile of exposure for nursing study; the maternal NOAEL was 346a(d), to amend 40 CFR part 180 by infants < 1 year old was estimated to be establishing a tolerance for residues of established at 12.5 mg/kg/day in rats ± α 0.001090 mg/kg/day (MOE of 3484); and 100 mg/kg/day in rabbits. zeta-cypermethrin ( - -cyano(3- ± 99th percentile 0.002516 mg/kg/day iii. Reproductive toxicity study. In the phenoxyphenyl)methyl ( ) cis, trans 3- (MOE of 1510); and 99.9th percentile 2-generation reproduction study in rats, (2,2-dichloroethenyl)-2,2- 0.004140 mg/kg/day (MOE of 917). The offspring toxicity (body weight) and dimethylcyclopropanecarboxylate) in or 95th percentile of exposure for non- parental toxicity (body weight, organ on the raw agricultural commodity rice, nursing infants < 1 year old was weight, and clinical signs) was observed grain at 1.2 ppm; rice, straw at 2.0 ppm; estimated to be 0.002288 mg/kg/day at 27.0 mg/kg/day and greater. The and rice, hulls at 16.0 ppm. EPA has (MOE of 1660); 99th percentile 0.006164 parental systemic NOAEL was 7.0 mg/ determined that the petition contains mg/kg/day (MOE of 616); and 99.9th kg/day and the parental systemic data or information regarding the percentile 0.018741 mg/kg/day (MOE of LOAEL was 27.0 mg/kg/day. There were elements set forth in section 408(d)(2) of 202). The 95th percentile of exposure no developmental (pup) or reproductive the FFDCA; however, EPA has not fully for children 1 to 6 years old (the most effects up to 45.0 mg/kg/day, highest evaluated the sufficiency of the highly exposed population subgroup) dose tested. submitted data at this time or whether and children 7 to 12 years old was iv. Prenatal and postnatal sensitivity. the data supports granting of the estimated to be, respectively, 0.002993 There was no evidence of petition. Additional data may be needed mg/kg/day (MOE of 1269) and 0.002286 developmental toxicity in the studies at before EPA rules on the petition.

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A. Residue Chemistry ii. A developmental study with zeta- been completed and found acceptable. 1. Plant metabolism. The metabolism cypermethrin in rats demonstrated a Based on these studies, there is no of cypermethrin in plants is adequately maternal NOAEL of 12.5 mg/kg/day and evidence to suggest that cypermethrin understood. Studies have been a LOAEL of 25 mg/kg/day based on has an adverse effect on the endocrine conducted to delineate the metabolism decreased maternal body weight gain, system. food consumption and clinical signs. of radiolabelled cypermethrin in various C. Aggregate Exposure crops all showing similar results. The There were no signs of developmental toxicity at 35.0 mg/kg/day, the highest 1. Dietary exposure— i. Food. residue of concern is the parent dose level tested. Permanent tolerances, in support of compound only. iii. A developmental study with registrations, currently exist for residues 2. Analytical method. There is a cypermethrin in rabbits demonstrated a of zeta-cypermethrin on cottonseed; practical analytical method for detecting maternal NOAEL of 100 mg/kg/day and pecans; lettuce, head; onions, bulb; and and measuring levels of cypermethrin in a LOAEL of 450 mg/kg/day based on cabbage and livestock commodities of or on food with a limit of detection that decreased body weight gain. There were cattle, goats, hogs, horses, and sheep allows monitoring of food with residues no signs of developmental toxicity at (and their associated meat and milk at or above the levels set in these 700 mg/kg/day, the highest dose level tolerances). For the purposes of tolerances (Gas Chromatography with tested. assessing the potential dietary exposure Electron Capture Detection (GC/ECD). 4. Subchronic toxicity. Short- and for these existing and the subject 3. Magnitude of residues. Crop field intermediate-term toxicity. The NOAEL proposed tolerances, FMC has utilized trial residue data from studies of 3.8 mg/kg/day based on the NOAEL available information on anticipated conducted at the maximum label rates 7.5 mg/kg/day from the cypermethrin residues, monitoring data and PCT as for rice grain show that the proposed chronic feeding/oncogenicity study in follows: zeta-cypermethrin tolerances on rice, rats and a correction factor of two to ii. Acute exposure and risk. Acute grain at 1.2 ppm, rice, straw at 2.0 ppm account for the biologically active dietary exposure risk assessments are and rice, hulls at 16.0 ppm will not be isomer would also be used for short- performed for a food-use pesticide if a exceeded when the zeta-cypermethrin and intermediate-term MOE toxicological study has indicated the products labeled for these uses are used calculations (as well as acute, discussed possibility of an effect of concern as directed. in (1) above). The LOAEL of 50.0 mg/ occurring as a result of a 1-day or single B. Toxicological Profile kg/day was based on neurological signs exposure. For the purposes of assessing which were displayed during week one acute dietary risk for zeta-cypermethrin, 1. Acute toxicity. For the purposes of of the study. FMC has used the NOAEL of 3.8 mg/kg/ assessing acute dietary risk, FMC has 5. Chronic toxicity— i. The RfD of day based on the NOAEL of 7.5 mg/kg/ used the NOAEL of 3.8 mg/kg/day based 0.0125 mg/kg/day for zeta-cypermethrin day from the cypermethrin chronic on the NOAEL of 7.5 mg/kg/day from is based on a NOAEL of 2.5 mg/kg/day feeding/oncogenicity study in rats and a the cypermethrin chronic feeding/ from a cypermethrin rat reproduction correction factor of two to account for oncogenicity study in rats and a study and an uncertainty factor of 200 the differences in the percentage of the correction factor of two to account for (used to account for the differences in biologically active isomer. The LOAEL the differences in the percentage of the the percentage of the biologically active of 50.0 mg/kg/day was based on biologically active isomer. The LOAEL) isomer). The endpoint effect of concern neurological signs which were of 50.0 mg/kg/day was based on was based on consistent decreased body displayed during week one of this neurological signs which were weight gain in both sexes at the LOAEL study. This acute dietary endpoint is displayed during week one of the study. of 7.5 mg/kg/day. used to determine acute dietary risks to This acute dietary endpoint is used to ii. Cypermethrin is classified as a all population subgroups. Available determine acute dietary risks to all Group C Chemical (possible human information on anticipated residues, population subgroups. carcinogen with limited evidence of monitoring data and PCT was 2. Genotoxicity. The following carcinogenicity in animals) based upon incorporated into a Tier 3 analysis, genotoxicity tests were all negative: in limited evidence for carcinogenicity in using Monte Carlo modeling for vivo chromosomal aberration in rat bone female mice; assignment of a Q* has not commodities that may be consumed in marrow cells; in vitro cytogenic been recommended. a single serving. These assessments chromosome aberration; unscheduled 6. Animal metabolism. The show that the margins of exposure DNA synthesis; CHO/HGPTT mutagen metabolism of cypermethrin in animals (MOE) are significantly greater than the assay; weakly mutagenic: gene mutation is adequately understood. Cypermethrin EPA standard of 100 for all (Ames). has been shown to be rapidly absorbed, subpopulations. The 95th percentile of 3. Reproductive and developmental distributed, and excreted in rats when exposure for the overall U. S. toxicity. No evidence of additional administered orally. Cypermethrin is population was estimated to be sensitivity to young rats was observed metabolized by hydrolysis and 0.001049 mg/kg/day (MOE of 3622); following prenatal or postnatal exposure oxidation. 99th percentile 0.003166 mg/kg/day to zeta-cypermethrin. 7. Metabolite toxicology. The Agency (MOE of 1200); and 99.9th percentile i. A 2-generation reproductive toxicity has previously determined that the 0.012313 mg/kg/day (MOE of 308). The study with zeta-cypermethrin in rats metabolites of cypermethrin are not of 95th percentile of exposure for all demonstrated a NOAEL of 7.0 mg/kg/ toxicological concern and need not be infants < 1 year old was estimated to be day and a LOAEL of 27.0 mg/kg/day for included in the tolerance expression. 0.000610 mg/kg/day (MOE of 6229); parental/systemic toxicity based on 8. Endocrine disruption. No special 99th percentile 0.001955 mg/kg/day body weight, organ weight, and clinical studies investigating potential (MOE of 1943); and 99.9th percentile signs. There were no adverse effects in estrogenic or other endocrine effects of 0.019362 mg/kg/day (MOE of 196). The reproductive performance. The NOAEL cypermethrin have been conducted. 95th percentile of exposure for nursing for reproductive toxicity was considered However, no evidence of such effects infants < 1 year old was estimated to be to be > 45.0 mg/kg/day, the highest dose were reported in the standard battery of 0.000283 mg/kg/day (MOE of 13418); tested. required toxicology studies which have 99th percentile 0.001141 mg/kg/day

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(MOE of 3330); and 99.9th percentile cause for concern if the total dietary consider concerning potential 0.002424 mg/kg/day (MOE of 1567). The exposure from residues for uses for cumulative effects of cypermethrin 95th percentile of exposure for non- which there are published and proposed consistent with the schedule established nursing infants < 1 year old was tolerances is less than 100% of the RfD. by EPA in Federal Register August 4, estimated to be 0.000657 mg/kg/day Therefore, FMC concludes that the 1997 (62 FR 42020) and other EPA (MOE of 5784); 99th percentile 0.007700 chronic dietary risk of zeta- publications pursuant to the Food mg/kg/day (MOE of 493); and 99.9th cypermethrin, as estimated by the Quality Protection Act. dietary risk assessment, does not appear percentile 0.019395 mg/kg/day (MOE of E. Safety Determination 195). The 95th percentile of exposure to be of concern. for children 1 to 6 years old (the most vi. Drinking water. Laboratory and 1. U.S. population. Based on a highly exposed population subgroup) field data have demonstrated that complete and reliable toxicology data and children 7 to 12 years old was cypermethrin is immobile in soil and base, the RfD for zeta-cypermethrin is estimated to be, respectively, 0.001184 will not leach into ground water. Other 0.0125 mg/kg/day, based on a NOAEL of mg/kg/day (MOE of 3208) and 0.001177 data show that cypermethrin is virtually 2.5 mg/kg/day and a LOAEL of 7.5 mg/ mg/kg/day (MOE of 3227); 99th insoluble in water and extremely kg/day from the cypermethrin rat percentile 0.003894 mg/kg/day (MOE of lipophilic. As a result, FMC concludes reproduction study and an uncertainty 975) and 0.003337 (MOE of 1138); and that residues reaching surface waters factor of 200. Available information on 99.9th percentile 0.034204 mg/kg/day from field runoff will quickly adsorb to anticipated residues, monitoring data (MOE of 111) and 0.013940 (MOE of sediment particles and be partitioned and PCT was incorporated into an 272). The 95th percentile of exposure from the water column. Further, a analysis to estimate the ARC for 26 for females (13+/nursing) was estimated screening evaluation of leaching population subgroups. The ARC is to be 0.001070 mg/kg/day (MOE of potential of a typical pyrethroid was generally considered a more realistic 3549); 99th percentile 0.003318 mg/kg/ conducted using EPA’s Pesticide Root estimate than an estimate based on day (MOE of 1145); and 99.9th Zone Model (PRZM3). Based on this tolerance level residues. The ARC is percentile 0.011127 mg/kg/day (MOE of screening assessment, the potential estimated to be 0.000158 mg/kg body 341). Therefore, FMC concludes that the concentrations of a pyrethroid in ground weight (bwt)/day and utilizes 1.3% of water at depths of 1 and 2 meters are the RfD for the overall U. S. population. acute dietary risk of zeta-cypermethrin, < as estimated by the dietary risk essentially zero (<0.001 parts per The ARC for non-nursing infants ( 1 year) and nursing infants (<1 year) is assessment, does not appear to be of billion). Surface water concentrations estimated to be 0.000212 mg/kg/day and concern. for pyrethroids were estimated using PRZM3 and Exposure Analysis 0.000032 mg/kg/day and utilizes 1.7% iii. Chronic exposure and risk. The Modeling System (EXAMS) using and 0.3% of the RfD, respectively. The RfD of 0.0125 mg/kg/day for zeta- standard EPA cotton runoff and ARC for children 1-6 years old cypermethrin is based on a NOAEL of Mississippi pond scenarios. The (subgroup most highly exposed) and 2.5 mg/kg/day from a cypermethrin rat maximum concentration predicted in children 7-12 years old is estimated to reproduction study and an uncertainty the simulated pond was 0.052 ppb. be 0.000268 mg/kg bwt/day and factor of 200 (used to account for the Concentrations in actual drinking water 0.000168 mg/kg bwt/day and utilizes differences in the percentage of the would be much lower than the levels 2.1% and 1.3% of the RfD, respectively. biologically active isomer). The predicted in the hypothetical, small, The ARC for females (13+/nursing) is endpoint effect of concern was based on stagnant farm pond model since estimated to be 0.000170 mg/kg bwt/day consistent decreased body weight gain drinking water derived from surface and utilizes 1.4% of the RfD. Generally in both sexes at the LOAEL of 7.5 mg/ water would normally be treated before speaking, the EPA has no cause for kg/day. A chronic dietary exposure/risk consumption. Based on these analyses, concern if the total dietary exposure assessment has been performed for zeta- the contribution of water to the dietary from residues for uses for which there cypermethrin using the above RfD. risk estimate is negligible. Therefore, are published and proposed tolerances Available information on anticipated FMC concludes that together these data is less than 100% of the RfD. Therefore, residues, monitoring data and PCT was indicate that residues are not expected FMC concludes that the chronic dietary incorporated into the analysis to to occur in drinking water. risk of zeta-cypermethrin, as estimated estimate the ARC. The ARC is generally 2. Non-dietary exposure. Zeta- by the aggregate risk assessment, does considered a more realistic estimate cypermethrin is registered for not appear to be of concern. than an estimate based on tolerance agricultural crop applications only, The 95th percentile of exposure for level residues. The ARC is estimated to therefore non-dietary exposure the overall U. S. population was be 0.000158 mg/kg body weight (bwt)/ assessments are not warranted. estimated to be 0.001049 mg/kg/day day and utilizes 1.3% of the RfD for the (MOE of 3622); 99th percentile 0.003166 overall U. S. population. The ARC for D. Cumulative Effects mg/kg/day (MOE of 1200); and 99.9th non-nursing infants (<1 year) and In consideration of potential percentile 0.012313 mg/kg/day (MOE of nursing infants (<1 year) is estimated to cumulative effects of cypermethrin and 308). The 95th percentile of exposure be 0.000212 mg/kg/day and 0.000032 other substances that may have a for all infants < 1 year old was estimated mg/kg/day and utilizes 1.7% and 0.3% common mechanism of toxicity, to our to be 0.000610 mg/kg/day (MOE of of the RfD, respectively. The ARC for knowledge there are currently no 6229); 99th percentile 0.001955 mg/kg/ children 1-6 years old (subgroup most available data or other reliable day (MOE of 1943); and 99.9th highly exposed) and children 7-12 years information indicating that any toxic percentile 0.019362 mg/kg/day (MOE of old is estimated to be 0.000268 mg/kg effects produced by cypermethrin 196). The 95th percentile of exposure bwt/day and 0.000168 mg/kg bwt/day would be cumulative with those of other for nursing infants < 1 year old was and utilizes 2.1% and 1.3% of the RfD, chemical compounds; thus only the estimated to be 0.000283 mg/kg/day respectively. The ARC for females (13+/ potential risks of cypermethrin have (MOE of 13418); 99th percentile nursing) is estimated to be 0.000170 mg/ been considered in this assessment of its 0.001141 mg/kg/day (MOE of 3330); and kg bwt/day and utilizes 1.4% of the RfD. aggregate exposure. FMC intends to 99.9th percentile 0.002424 mg/kg/day Generally speaking, the EPA has no submit information for the EPA to (MOE of 1567). The 95th percentile of

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The settlement requires the 6 years old (the most highly exposed dose tested. Settling Party to pay $10,000 to the population subgroup) and children 7 to iv. Prenatal and postnatal sensitivity. Hazardous Substance Superfund. The 12 years old was estimated to be, There was no evidence of settlement includes a covenant not to respectively, 0.001184 mg/kg/day (MOE developmental toxicity in the studies at sue the settling party pursuant to 42 of 3208) and 0.001177 mg/kg/day (MOE the highest doses tested in the rat (35.0 U.S.C. 9607(a). EPA may withdraw from of 3227); 99th percentile 0.003894 mg/ mg/kg/day) or in the rabbit (700 mg/kg/ or modify the proposed settlement if kg/day (MOE of 975) and 0.003337 day). Therefore, there is no evidence of comments received disclose facts or (MOE of 1138); and 99.9th percentile a special dietary risk (either acute or considerations which indicate that the 0.034204 mg/kg/day (MOE of 111) and chronic) for infants and children which settlement is inappropriate, improper, 0.013940 (MOE of 272). The 95th would require an additional safety or inadequate. Copies of the proposed percentile of exposure for females (13+/ factor. settlement are available from: Ms. Paula nursing) was estimated to be 0.001070 v. Postnatal. Based on the absence of V. Batchelor, U.S. Environmental mg/kg/day (MOE of 3549); 99th pup toxicity up to dose levels which Protection Agency, Region IV, Waste percentile 0.003318 mg/kg/day (MOE of produced toxicity in the parental Management Division, 61 Forsyth 1145); and 99.9th percentile 0.011127 animals, there is no evidence of special Street, SW, Atlanta, Goergia 30303, 404/ mg/kg/day (MOE of 341). Therefore, postnatal sensitivity to infants and 562–8887. children in the rat reproduction study. FMC concludes that there is reasonable Written comments may be submitted certainty that no harm will result from vi. Conclusion. Based on the above, FMC concludes that reliable data to Ms. Batchelor at the above address acute exposure to zeta-cypermethrin. within 30 days of the date of 2. Infants and children— i. General. support use of the standard 100-fold publication. In assessing the potential for additional uncertainty factor, and that an Dated: August 23, 1999. sensitivity of infants and children to additional uncertainty factor is not residues of zeta-cypermethrin, FMC needed to protect the safety of infants Franklin E. Hill, considered data from developmental and children. As stated above, aggregate Chief, Program Services Branch, Waste toxicity studies in the rat and rabbit, exposure assessments utilized Management Division. and a 2-generation reproductive study significantly less than 1% of the RfD for [FR Doc. 99–23273 Filed 9–7–99; 8:45 am] in the rat. The data demonstrated no either the entire U. S. population or any BILLING CODE 6560±50±M indication of increased sensitivity of of the 26 population subgroups rats to zeta-cypermethrin or rabbits to including infants and children. cypermethrin in utero and/or postnatal Therefore, it may be concluded that FEDERAL COMMUNICATIONS exposure to zeta-cypermethrin or there is reasonable certainty that no COMMISSION cypermethrin. The developmental harm will result to infants and children toxicity studies are designed to evaluate from aggregate exposure to Notice of Public Information adverse effects on the developing cypermethrin residues. Collection(s) Being Reviewed by the organism resulting from pesticide Federal Communications Commission, exposure during prenatal development F. International Tolerances Comments Requested There are no Codex, Canadian, or to one or both parents. Reproduction August 30, 1999. studies provide information relating to Mexican residue limits for residues of effects from exposure to the pesticide on zeta-cypermethrin in or on rice grain, the reproductive capability of mating straw or hulls. SUMMARY: The Federal Communications Commission, as part of its continuing animals and data on systemic toxicity. [FR Doc. 99–23198 Filed 9–7–99; 8:45 am] FFDCA section 408 provides that EPA effort to reduce paperwork burden BILLING CODE 6560±50±F may apply an additional margin of invites the general public and other safety for infants and children in the Federal agencies to take this opportunity to comment on the case of threshold effects to account for ENVIRONMENTAL PROTECTION following information collection, as prenatal and postnatal toxicity and the AGENCY completeness of the data base. required by the Paperwork Reduction ii. Developmental toxicity studies. In [FRL±6434±5] Act of 1995, Public Law 104–13. An the prenatal developmental toxicity agency may not conduct or sponsor a studies in rats and rabbits, there was no University of Florida Pentaborane Site; collection of information unless it evidence of developmental toxicity at Notice of Proposed Settlement displays a currently valid control the highest doses tested (35.0 mg/kg/day AGENCY: Environmental Protection number. No person shall be subject to in rats and 700 mg/kg/day in rabbits). Agency. any penalty for failing to comply with Decreased body weight gain was ACTION: Notice; request for public a collection of information subject to the observed at the maternal LOAEL in each comment. Paperwork Reduction Act (PRA) that study; the maternal NOAEL was does not display a valid control number. established at 12.5 mg/kg/day in rats SUMMARY: In accordance with section Comments are requested concerning (a) and 100 mg/kg/day in rabbits. 122(i) of the Comprehensive whether the proposed collection of iii. Reproductive toxicity study. In the Environmental Response, information is necessary for the proper 2-generation reproduction study in rats, Compensation, and Liability Act, as performance of the functions of the offspring toxicity (body weight) and amended (‘‘CERCLA’’), 42 U.S.C. Commission, including whether the parental toxicity (body weight, organ 9622(i), notice is hereby given of a information shall have practical utility;

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(b) the accuracy of the Commission’s requirements. The Commission has 395–B. This suspension is to remain in burden estimate; (c) ways to enhance suspended the enforcement of Section effect at least until the Commission the quality, utility, and clarity of the 73.2080 (b) and (c) due to the decision revises the EEO rules to be consistent information collected; and (d) ways to in Lutheran Church—Missouri Synod v. with the Court of Appeals Lutheran minimize the burden of the collection of FCC, wherein the Court of Appeals held Church decision. If the Commission information on the respondents, that the EEO program requirements of chooses to reinstate the FCC 395–B, the including the use of automated this section are unconstitutional. The Commission will make such collection techniques or other forms of enforcement of these requirements is adjustments to the form as necessary to information technology. suspended until the Commission revises conform to the Lutheran Church DATES: Written comments should be the EEO rules to be consistent with the decision consistent with the record in submitted on or before November 8, Court of Appeals Lutheran Church the rulemaking. Until such time as the 1999. If you anticipate that you will be decision. The Commission will make Commission reaches a decision in the submitting comments, but find it such adjustments to the rule as outstanding Notice of Proposed difficult to do so within the period of necessary to conform to the Lutheran Rulemaking concerning the Court of time allowed by this notice, you should Church decision consistent with the Appeals Lutheran Church decision, the advise the contact listed below as soon record in the rulemaking. Until such FCC 395–B needs to retain a current as possible. time as the Commission reaches a OMB control number. ADDRESSES: Direct all comments to Les decision in the outstanding Notice of Federal Communications Commission. Smith, Federal Communications Proposed Rulemaking (NPRM) William F. Caton, concerning the Court of Appeals Commissions, 445 12th Street, SW, Deputy Secretary. Lutheran Church decision, Section Room 1–A804, Washington, DC 20554 [FR Doc. 99–23233 Filed 9–7–99; 8:45 am] or via the Internet to [email protected]. 73.2080 needs to retain a current OMB control number. We note that Section BILLING CODE 6712±01±P FOR FURTHER INFORMATION CONTACT: For 73.2080(a) remains in effect. The data is additional information or copies of the used by a broadcast licensee in the information collections contact Les FEDERAL COMMUNICATIONS preparation of the station’s Broadcast Smith at (202) 418–0217 or via the COMMISSION Annual Employment Report (FCC Form Internet at [email protected]. 395–B) that is submitted annually and Notice of Public Information SUPPLEMENTARY INFORMATION: the station’s EEO Program (FCC Form OMB Control Number: 3060–0212. Collection(s) Being Submitted to OMB 396) submitted with the license renewal for Review and Approval. Title: Section 73.2080 Equal application. If this information were not Employment Opportunity Program. maintained there could be no assurance August 30, 1999. Form Number: None. that licensees are complying with the SUMMARY: The Federal Communications Type of Review: Extension of EEO rule. The Commission has Commissions, as part of its continuing currently approved collection. Respondents: Business or other for- suspended the filing of these forms until effort to reduce paperwork burden profit, non-profit institutions. such time as the Commission reaches a invites the general public and other Number of Respondents: 16,251 decision in the outstanding NPRM.EEO Federal agencies to take this broadcast licensees. requirements. opportunity to comment on the Estimated Time per Response: 52 OMB Control Number: 3060–0390. following information collection, as Title: Broadcast Station Annual hours per year. required by the Paperwork Reduction Employment Report. Frequency of Response: Act of 1995, Public Law 104–13. An Form Number: FCC 395–B. Recordkeeping. agency may not conduct or sponsor a Type of Review: Extension of collection of information unless it Annual Burden: 845,052. currently approved collection. Annual Costs: $0. displays a currently valid control Respondents: Business or other for- number. No person shall be subject to Needs and Uses: Section 73.2080 profit. provides that equal opportunity in any penalty for failing to comply with Number of Respondents: 14,000. a collection of information subject to the employment shall be afforded by all Estimated Time per Response: 0.88 Paperwork Reduction Act (PRA) that broadcast stations to all qualified hours. persons and no person shall be Frequency of Response: Reporting, does not display a valid control number. discriminated against in employment by annually. Comments are requested concerning (a) such stations because of race, color, Annual Burden: 12,320 hours. whether the proposed collection of religion, national origin or sex. Section Annual Costs: $0. information is necessary for the proper 73.2080 requires that each broadcast Needs and Uses: The Annual performance of the functions of the station shall establish, maintain and Employment Report (FCC 395–B) was Commission, including whether the carry out a program to assure equal required to be filed by all licensees and information shall have practical utility; opportunity in every aspect of a permittees of AM, FM, TV, international (b) the accuracy of the Commission’s broadcast station’s policy and practice. and low power TV broadcast stations. It burden estimate; (c) ways to enhance This section incorporates specific EEO is a data collection device used to assess the quality, utility, and clarity of the program requirements and general industry employment trends. The report information collected; and (d) ways to guidelines for meeting those identifies each staff member by gender, minimize the burden of the collection of requirements. These guidelines are not race, color and/or national origin in information on the respondents, intended to be either exclusive or each of the nine major job categories. including the use of automated inclusive but simply to provide The data are used to assess industry collection techniques or other forms of guidance. This program will provide an employment trends. information technology. appropriate and effective means of On September 30, 1998, the DATES: Written comments should be informing broadcasters, individuals Commission suspended the requirement submitted on or before October 8, 1999. employed or seeking employment by that television and radio broadcast If you anticipate that you will be broadcast stations of its EEO licensees and permittees submit the FCC submitting comments, but find it

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.033 pfrm04 PsN: 08SEN1 48838 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices difficult to do so within the period of pertinent documents. They also include ACTION: Notice. time allowed by this notice, you should entries concerning any extinguishing or advise the contact listed below as soon improper operation of tower lights. The SUMMARY: This is a notice of the as possible. data are used by FCC staff in Presidential declaration of a major ADDRESSES: Direct all comments to Les investigations to assure that the licensee disaster for the State of Minnesota Smith, Federal Communications is operating in accordance with the (FEMA–1288–DR), dated August 26, Commission, Room 1–A804, 445 12th technical requirements as specified in 1999, and related determinations. Street, SW, Washington, DC 20554 or the FCC Rules and with the station EFFECTIVE DATE: August 26, 1999. via the Internet to [email protected]. authorization, and is taking reasonable FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: For measures to preclude interference to Madge Dale, Response and Recovery additional information or copies of the other stations. Directorate, Federal Emergency information collections contact Les OMB Control Number: 3060–0550. Management Agency, Washington, DC Title: Local Franchising Authority Smith at (202) 418–0217 or via the 20472, (202) 646–3772. Internet at [email protected]. Certification. Form Number: FCC 328. SUPPLEMENTARY INFORMATION: Notice is SUPPLEMENTARY INFORMATION: Type of Review: Extension of a hereby given that, in a letter dated OMB Control Number: 3060–0572. currently approved collection. August 26, 1999, the President declared Title: Filing Manual for Annual Respondents: State, local, or tribal a major disaster under the authority of International Circuit Status Reports. governments. the Robert T. Stafford Disaster Relief Form Number: N/A. Number of Respondents: 40. and Emergency Assistance Act (42 Type of Review: Extension of a Estimate Time Per Response: 30 mins. U.S.C. 5121 et seq.), as follows: currently approved collection. Frequency of Response: Single I have determined that the damage in Respondents: Business or other for- reporting requirement. certain areas of the State of Minnesota, profit entities. Total Annual Burden: 20 hours. resulting from severe ice storms, flooding, Number of Respondents: 120. Total Annual Costs: None. and heavy rains beginning on March 1, 1999 Estimate Time Per Response: 12.17 Needs and Uses: On May 3, 1993, the and continuing through May 30, 1999, is of hrs. (avg.). Commission released a Report and sufficient severity and magnitude to warrant Frequency of Response: Annual Order and Further Notice of Proposed a major disaster declaration under the Robert reporting requirements. Rulemaking, MM Docket No. 92–266, T. Stafford Disaster Relief and Emergency Total Annual Burden: 1,460 hours. FCC 93–177. In the Matter of Assistance Act, Pub. L. 93–288, as amended Total Annual Costs: None. (‘‘the Stafford Act’’). I, therefore, declare that Implementation of Sections of the Cable such a major disaster exists in the State of Needs and Uses: The information will Television Consumer Protection and enable the Commission to discharge its Minnesota. Competition Act of 1992; Rate In order to provide Federal assistance, you obligations to authorize the construction Regulation. Among other things, the are hereby authorized to allocate from funds and use of international common carrier Report and Order implemented Section available for these purposes, such amounts as transmission facilities. The information 3(a) of the Cable Television Consumer you find necessary for Federal disaster will be used by the Commission and the Protection and Competition Act of 1992 assistance and administrative expenses. industry to determine whether an wherein a local franchise authority You are authorized to provide Public international common carrier is (LFA) must file with the Commission, a Assistance and Hazard Mitigation in the providing direct or indirect service to designated areas and any other forms of written certification when it seeks to assistance under the Stafford Act you may countries and to assess industry trends regulate basic service cable rates. in the use of international transmission deem appropriate. Consistent with the Subsequently, the Commission requirement that Federal assistance be facilities. The information is extremely developed FCC Form 328 to provide a supplemental, any Federal funds provided valuable because it is not available from standardized, simple form for LFAs to under the Stafford Act for Public Assistance any other source. use when requesting certification. The or Hazard Mitigation will be limited to 75 OMB Control Number: 3060–0309. data derived from Form 328 filings are percent of the total eligible costs. Title: Section 74.1281, Station used by Commission staff to ensure that Further, you are authorized to make Records. an LFA has met the criteria specified in changes to this declaration to the extent allowable under the Stafford Act. Form Number: None. Section 3(a) of the Cable Television Type of Review: Extension of a Consumer Protection and Competition Notice is hereby given that pursuant currently approved collection. Act of 1992 for regulating basic service to the authority vested in the Director of Respondents: Business or other for- rates. the Federal Emergency Management profit entities; Not-for-profit Federal Communications Commission. Agency under Executive Order 12148, I institutions; State, local, or tribal hereby appoint William Powers of the Magalie Roman Salas, governments. Federal Emergency Management Agency Number of Respondents: 3,150. Secretary. to act as the Federal Coordinating Estimate Time Per Response: 1 hour. [FR Doc. 99–23234 Filed 9–7–99; 8:45 am] Officer for this declared disaster. Frequency of Response: BILLING CODE 6712±01±P I do hereby determine the following Recordkeeping. areas of the State of Minnesota to have Total Annual Burden: 3,150 hours. been affected adversely by this declared Total Annual Costs: None. FEDERAL EMERGENCY major disaster: Needs and Uses: Section 74.1281 MANAGEMENT AGENCY requires that licensees of FM translator/ Kittson, Marshall, Pennington, Polk, Red booster stations maintain adequate [FEMA±1288±DR] Lake, and Roseau Counties for Public Assistance. records. These records include the Minnesota; Major Disaster and Related current instrument of authorization, Determinations All counties within the State of official correspondence with the FCC, Minnesota are eligible to apply for maintenance records, contracts, AGENCY: Federal Emergency assistance under the Hazard Mitigation permission for rebroadcasts, and other Management Agency (FEMA). Grant Program.

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(The following Catalog of Federal Domestic FEDERAL RESERVE SYSTEM percent of the voting shares of Kennett Assistance Numbers(CFDA) are to be used for Bancshares, Inc., Kennett, Missouri, and reporting and drawing funds: 83.537, Formations of, Acquisitions by, and thereby indirectly acquire Kennett Community Disaster Loans; 83.538, Cora Mergers of Bank Holding Companies National Bank, Kennett, Missouri. Brown Fund Program; 83.539, Crisis D. Federal Reserve Bank of Kansas Counseling; 83.540, Disaster Legal Services The companies listed in this notice City (D. Michael Manies, Assistant Vice Program; 83.541, Disaster Unemployment have applied to the Board for approval, President) 925 Grand Avenue, Kansas Assistance (DUA); 83.542, Fire Suppression pursuant to the Bank Holding Company Assistance; 83.543, Individual and Family Act of 1956 (12 U.S.C. 1841 et seq.) City, Missouri 64198-0001: Grant (IFG) Program; 83.544, Public (BHC Act), Regulation Y (12 CFR part 1. Pinnacle Bancorp, Inc., Central Assistance Grants; 83.545, Disaster Housing 225), and all other applicable statutes City, Nebraska; to acquire 100 percent of Program; 83.548, Hazard Mitigation Grant and regulations to become a bank the voting shares of Park National Bank, Program) holding company and/or to acquire the Estes Park, Colorado. assets or the ownership of, control of, or James L. Witt, E. Federal Reserve Bank of Dallas (W. the power to vote shares of a bank or Arthur Tribble, Vice President) 2200 Director. bank holding company and all of the North Pearl Street, Dallas, Texas 75201- [FR Doc. 99–23314 Filed 9–7–99; 8:45 am] banks and nonbanking companies 2272: BILLING CODE 6718±02±P owned by the bank holding company, including the companies listed below. 1. Grant Bancshares, Inc., The applications listed below, as well Montgomery, Louisiana; to become a as other related filings required by the bank holding company by acquiring 100 FEDERAL RESERVE SYSTEM Board, are available for immediate percent of the voting shares of The Bank inspection at the Federal Reserve Bank of Montgomery, Montgomery, Change in Bank Control Notices; indicated. The application also will be Louisiana. Acquisitions of Shares of Banks or available for inspection at the offices of F. Federal Reserve Bank of San Bank Holding Companies the Board of Governors. Interested Francisco (Maria Villanueva, Manager persons may express their views in of Analytical Support, Consumer The notificants listed below have writing on the standards enumerated in Regulation Group) 101 Market Street, applied under the Change in Bank the BHC Act (12 U.S.C. 1842(c)). If the San Francisco, California 94105-1579: Control Act (12 U.S.C. 1817(j)) and § proposal also involves the acquisition of 1. First Security Corporation, Salt 225.41 of the Board’s Regulation Y (12 a nonbanking company, the review also Lake City, Utah; to acquire 100 percent CFR 225.41) to acquire a bank or bank includes whether the acquisition of the of the voting shares of Zions holding company. The factors that are nonbanking company complies with the Bancorporation, Salt Lake City, Utah, considered in acting on the notices are standards in section 4 of the BHC Act and thereby indirectly acquire Zions set forth in paragraph 7 of the Act (12 (12 U.S.C. 1843). Unless otherwise First National Bank, Salt Lake City, noted, nonbanking activities will be U.S.C. 1817(j)(7)). Utah; National Bank of Arizona, conducted throughout the United States. The notices are available for Phoenix, Arizona; California Bank & Unless otherwise noted, comments immediate inspection at the Federal Trust, San Diego, California; Nevada regarding each of these applications Reserve Bank indicated. The notices State Bank, Las Vegas, Nevada; The must be received at the Reserve Bank also will be available for inspection at Commerce Bank of Washington, N.A., indicated or the offices of the Board of Seattle, Washington; Val Cor the offices of the Board of Governors. Governors not later than October 4, Bancorporation, Inc., Denver, Colorado; Interested persons may express their 1999. and Vectra Bank Colorado, National views in writing to the Reserve Bank A. Federal Reserve Bank of Atlanta Association, Denver, Colorado. indicated for that notice or to the offices (Cynthia Goodwin, Vice President) 104 of the Board of Governors. Comments Marietta Street, N.W., Atlanta, Georgia In connection with this application, must be received not later than 30303-2713: Applicant also has applied to acquire September 21, 1999. 1. Marine Bancorp, Inc., Marathon, Cash Access, Inc., Salt Lake City, Utah; A. Federal Reserve Bank of San Florida; to become a bank holding Zions Insurance Agency, Inc., Salt Lake Francisco (Maria Villanueva, Manager company by acquiring 100 percent of City, Utah; Zions Life Insurance of Analytical Support, Consumer the voting shares of Marine Bank of the Company, Salt Lake City, Utah; Regency Regulation Group) 101 Market Street, Florida Keys, Marathon, Florida. Investment Advisors, Fresno, California, and thereby engage in data processing San Francisco, California 94105-1579: B. Federal Reserve Bank of Chicago (Philip Jackson, Applications Officer) services by leasing automated teller 1. Kevin P. Gates, Salt Lake City, 230 South LaSalle Street, Chicago, machines to a third party, pursuant to Utah; to acquire additional voting shares Illinois 60690-1413: § 225.28(b)(14) of Regulation Y; in of Centennial Bancshares, Inc., Ogden, 1. WCB Holding Company of Illinois, providing insurance brokerage services Utah, and thereby indirectly acquire Inc., Geneva, Illinois (in formation); to by administering credit-related additional voting shares of Centennial become a bank holding company by insurance programs in subsidiaries of Bank, Ogden, Utah. acquiring 100 percent of the voting Zions Bancorporation, pursuant to § Board of Governors of the Federal Reserve shares of Winfield Community Bank, 225.28(b)(11) of Regulation Y; in System, September 1, 1999. Winfield, Illinois (in organization). underwriting, as reinsurer, credit- C. Federal Reserve Bank of St. Louis related life and disability insurance, Robert deV. Frierson, (Randall C. Sumner, Vice President) 411 pursuant to § 225.28(b)(11) of Associate Secretary of the Board. Locust Street, St. Louis, Missouri 63102- Regulation Y; and in providing financial [FR Doc. 99–23289 Filed 9–7–99; 8:45 am] 2034: and investment advisory services and BILLING CODE 6210±01±F 1. Kennett Merger Corporation, agency transactional services for Kennett, Missouri; to become a bank customer investments, pursuant to § holding company by acquiring 100 225.28(b)(6) of Regulation Y.

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Board of Governors of the Federal Reserve Standard Form 66B, Caution Personnel Prevention (CDC) will publish periodic System, September 1, 1999. Record—Restricted Usage because of summaries of proposed projects. To Robert deV. Frierson, low usage. request more information on the Associate Secretary of the Board. FOR FURTHER INFORMATION CONTACT: proposed projects or to obtain a copy of [FR Doc. 99–23290 Filed 9–7–99; 8:45 am] Ms. Barbara Williams (202) 501–0581. the data collection plans and BILLING CODE 6210±01±F DATES: Effective September 8, 1999. instruments, call the CDC Reports Clearance Officer on (404) 639–7090. Dated: August 30, 1999. Comments are invited on: (a) Whether FEDERAL RESERVE SYSTEM Barbara M. Williams, the proposed collection of information Deputy Standard and Optional Forms is necessary for the proper performance Government in the Sunshine Meeting Management Officer. of the functions of the agency, including Notice [FR Doc. 99–23256 Filed 9–7–99; 8:45 am] whether the information shall have BILLING CODE 6820±34±M AGENCY HOLDING THE MEETING: Board of practical utility; (b) the accuracy of the Governors of the Federal Reserve agency’s estimate of the burden of the System. proposed collection of information; (c) GENERAL SERVICES ways to enhance the quality, utility, and TIME AND DATE: 10:00 a.m., Monday, ADMINISTRATION September 13, 1999. clarity of the information to be collected; and (d) ways to minimize the PLACE: Office of Communications Marriner S. Eccles Federal burden of the collection of information Reserve Board Building, 20th and C Stocking change of a Standard Form on respondents, including through the Streets, N.W., Washington, D.C. 20551. use of automated collection techniques STATUS: Closed. AGENCY: General Services for other forms of information MATTERS TO BE CONSIDERED: Administration. technology. Send comments to Seleda 1. Personnel actions (appointments, ACTION: Notice. Perryman, CDC Assistant Reports promotions, assignments, Clearance Officer, 1600 Clifton Road, SUMMARY: reassignments, and salary actions) Because of low usage, the MS–D24, Atlanta, GA 30333. Written involving individual Federal Reserve Department of the Treasury is not comments should be received within 60 System employees. stocking the following Standard Form: days of this notice. SF 1198, Request by Employee for 2. Any items carried forward from a Proposed Project: Vibrio Illness Allotment of Pay for Credit to Savings previously announced meeting. Investigation Report Form—(0920– Account with a Financial Organization. CONTACT PERSON FOR MORE INFORMATION: 0322)—Reinstatement—The National You can get this form from: Center for Infectious Disease (NCID)— Lynn S. Fox, Assistant to the Board; Department of the Treasury—FMS, The purpose of the Cholera and other 202–452–3204. Ardmore Industrial Center, 3361–L 75th Vibrio Illness Investigation Report Form SUPPLEMENTARY INFORMATION: You may Avenue, Landover, MD 10785. call 202–452–3206 beginning at The form is also available on the is to collect information on illnesses approximately 5 p.m. two business days internet. Address: http://www.gsa.gov/ occurring as a result of infection with before the meeting for a recorded forms/forms.htm. Vibrio species. Vibrios are important pathogens in the United States, primary announcement of bank and bank FOR FURTHER INFORMATION CONTACT: septicemia, gastroenteritis, and wound holding company applications Mr. Irv. Wilson (202) 622–1575. This scheduled for the meeting; or you may infections have been associated with contact is for information about various species. Gastroenteritis and contact the Board’s Web site at http:// completing the form only. www.federalreserve.gov for an primary septicemia have been DATES: Effective on September 8, 1999. electronic announcement that not only associated with the consumption of lists applications, but also indicates Dated: August 23, 1999. undercooked shellfish, particularly with procedural and other information about Barbara M. Williams, raw, Gulf Coast oysters. Associations the meeting. Deputy Standard and Optional Forms have also been linked to wound infections with exposure of broken skin Dated: September 3, 1999. Management Officer. to seawater. Most importantly, Vibrio Robert deV. Frierson, [FR Doc. 99–23257 Filed 9–7–99; 8:45 am] BILLING CODE 6820±34±M cholerae 01 is the organism responsible Associate Secretary of the Board. for cholera, a severe, dehydrating [FR Doc. 99–23469 Filed 9–3–99; 3:35 am] diarrheal illness. Although infections BILLING CODE 6210±01±P DEPARTMENT OF HEALTH AND with Vibrio cholerae 01 are notifiable in HUMAN SERVICES all states, an official report form for this illness did not previously exist. The GENERAL SERVICES Centers for Disease Control and Vibrio Illness Investigation Report Form ADMINISTRATION Prevention is used to record information on all Vibrio-related illnesses, as well as more Office of Communications [INFO±99±35] detailed information on cholera illness, Proposed Data Collections Submitted which is currently a reportable disease Standard and Optional Forms in all states. The form has a separate, Management Office Cancellation of a for Public Comment and Recommendations optional Seafood Investigation section Standard Form to be completed when applicable. The AGENCY: General Services In compliance with the requirement form provides a consolidated, Administration. of section 3506(c)(2)(A) of the systematic method by which health ACTION: Notice. Paperwork Reduction Act of 1995 for departments can report such opportunity for public comment on information, and is then used to gain a SUMMARY: The Office of Personnel proposed data collection projects, the better understanding of the incidence, Management cancelled the need for Centers for Disease Control and etiology, and epidemiology of all Vibrio-

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

Local health department staff ...... 90 1 .33 30 Health care facility staff ...... 45 1 .33 15 Physicians ...... 15 1 .33 5

Total ...... 50

Dated: September 1, 1999. DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Nancy Cheal, HUMAN SERVICES Christine J. Lewis, Center for Food Acting Associate Director for Policy, Planning Safety and Applied Nutrition (HFS– and Evaluation, Centers for Disease Control Food and Drug Administration 451), Food and Drug Administration, and Prevention (CDC). 200 C St. SW., Washington, DC 20204, [FR Doc. 99–23282 Filed 9–7–99; 8:45 am] [Docket Nos. 91N±0101, 91N±0098, 91N± 202–205–4168. BILLING CODE 4163±18±P 0103, and 91N±100H] SUPPLEMENTARY INFORMATION: The Nutrition Labeling and Education Act of Food Labeling; Health Claims and 1990 (the 1990 amendments), which DEPARTMENT OF HEALTH AND Label Statements; Request for amended the Federal Food, Drug, and HUMAN SERVICES Scientific Data and Information Cosmetic Act (the act), directed the Secretary of Health and Human Centers for Disease Control and AGENCY: Food and Drug Administration, Services, among other things, to Prevention HHS evaluate the scientific evidence on 10 ACTION: Notice. Clinical Laboratory Improvement substance-disease relationships to determine their scientific validity as the Advisory Committee (CLIAC) Meeting: SUMMARY: The Food and Drug Correction Administration (FDA) is requesting basis for health claims in food labeling. scientific data, research study results, For conventional foods, the 1990 In accordance with section 10(a)(2) of amendments state that a health claim is the Federal Advisory Committee Act and other related information on four substance-disease relationships in order permitted only if FDA determines that (Pub. L. 92–463), the Centers for Disease there is significant scientific agreement Control and Prevention (CDC) to reevaluate the scientific evidence for these relationships. The agency is taking among qualified experts that the claim announced the following committee is supported by the totality of publicly meeting in the Federal Register on this action to comply with a recent court decision in which FDA was instructed available scientific evidence, including August 23, 1999, Volume 64, Number evidence from well-designed studies 162, Page 45971. to reconsider whether to authorize health claims for these relationships in conducted in a manner that is consistent Name: Clinical Laboratory Improvement dietary supplement labeling. The four with generally recognized scientific Advisory Committee (CLIAC). health claims to be reconsidered are: procedures and principles (section Times and Dates: 8:30 a.m.–5 p.m., ‘‘Consumption of antioxidant vitamins 403(r)(3)(B)(i) of the act (21 U.S.C. September 22, 1999. 8:30 a.m.–3:30 p.m., 343(r)(3)(B))). While the 1990 September 23, 1999. may reduce the risk of certain kinds of cancer,’’ ‘‘Consumption of fiber may amendments allowed FDA to consider a Correction: Please note, ‘‘potential different scientific standard for health rulemaking for genetic testing’’ should be reduce the risk of colorectal cancer,’’ added to the previously published agenda. ‘‘Consumption of omega-3 fatty acids claims for dietary supplements (section Contact Person for Additional Information: may reduce the risk of coronary heart 403(r)(5)(D) of the act (21 U.S.C. John C. Ridderhof, Dr.P.H., Division of disease,’’ and ‘‘0.8 mg of folic acid in a 343(r)(5)(D))), FDA issued regulations in Laboratory Systems, Public Health Practice dietary supplement is more effective in 21 CFR 101.14(c) in 1994 that applied Program Office, CDC, 4770 Buford Highway, reducing the risk of neural tube defects the same standard as that used for NE, M/S G–25, Atlanta, Georgia 30341–3724, health claims for conventional foods (59 telephone 770/488–8076, FAX 770/488– than a lower amount in foods in common form.’’ The agency will use the FR 395, January 4, 1994). 8282. FDA conducted rulemakings in which The Director, Management Analysis and data and information to determine, for it reviewed the scientific evidence for Services Office, has been delegated the each substance-disease relationship, if all 10 substance-disease relationships. authority to sign Federal Register Notices an appropriate scientific basis exists to Although the agency issued regulations pertaining to announcements of meetings and support the issuance of a proposed rule authorizing health claims for most of other committee management activities, for to authorize a health claim for the the both the Centers for Disease Control and these relationships, it concluded that relationship. Prevention and the Agency for Toxic there was insufficient scientific Substances and Disease Registry. DATES: Written comments by November agreement regarding the scientific John C. Burckhardt, 22, 1999. validity of the four health claims listed Acting Director, Management Analysis and ADDRESSES: Written comments to the in the Summary section of this Services Office, Centers for Disease Control Dockets Management Branch (HFA– document. Therefore, the agency issued and Prevention. 305), Food and Drug Administration, regulations providing that these claims [FR Doc. 99–23382 Filed 9–3–99; 10:00 am] 5630 Fishers Lane, rm. 1061, Rockville, were not authorized. (See § 101.71(a), BILLING CODE 4163±18±P MD 20852. (c), (e) (21 CFR 101.79(c)(2)(i)(G)).

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Several dietary supplement marketers As a first step in complying with the Register documents listed in the and nonprofit organizations that had court’s decision, FDA intends to footnotes to the table have been submitted comments during the health reevaluate the scientific evidence for the incorporated into each of the referenced claims rulemakings filed suit in Federal four substance-disease claims listed dockets (Docket Nos. 91N–0101, 91N– district court on constitutional and above. The agency is now in the process 0098, 91N–0103, and 91N–100H). FDA statutory grounds seeking, among other of preparing scientific summaries on is requesting data and information other things, authorization to make the each of these four topics. To ensure that than the information contained or following health claims for use in the all relevant scientific evidence is referred to in these Federal Register labeling of dietary supplements: (1) considered in the rulemaking process documents. As a guideline, therefore, ‘‘Consumption of antioxidant vitamins and to allow timely development of the agency is requesting data and may reduce the risk of certain kinds of these summaries, FDA is requesting that information from 1992 to the present for cancer,’’ (2) ‘‘Consumption of fiber may anyone who has or is aware of relevant the four topic areas. scientific data, research study results, or reduce the risk of colorectal cancer,’’ (3) information related to these four FDA is allowing 75 days for the ‘‘Consumption of omega-3 fatty acids substance-disease relationships submit submission of data. Individuals and may reduce the risk of coronary heart the materials to Dockets Management organizations submitting information or disease,’’ and (4) ‘‘0.8 mg of folic acid Branch (address above). Such data relating to a specific topic should in a dietary supplement is more information, if submitted to FDA, must submit two copies of the information to effective in reducing the risk of neural be considered publicly available. If used the Dockets Management Branch tube defects than a lower amount in in the agency’s scientific review, (address above) by November 22, 1999. foods in common form.’’ Their information submitted to FDA will Separate submissions should be made constitutional and statutory challenges become part of the public record for the for each topic area, and each submission were rejected in the district court; evaluation of these relationships. should be identified with the however, on appeal the district court The agency has established four appropriate docket number given below. decision was reversed, and FDA was dockets to compile information relating Submissions received may be seen in instructed to reconsider the four health to each of the four topic areas; docket the Dockets Management Branch claims (Pearson v. Shalala, 164 F.3d 650 numbers are as specified in Table 1 between 9 a.m. and 4 p.m., Monday (D.C. Cir. 1999)). below. FDA advises that the Federal through Friday.

TABLE 1

Topic Docket No.

Antioxidant vitamins and cancer 1 and 2 91N±0101 Fiber and colorectal cancer 3 and 4 91N±0098 Omega-3 fatty acids and coronary heart disease 5 and 6 91N±0103 Folic acid (dietary supplement vs. food form) and neural tube 91N±100H defects 7 and 8

1 ``Food Labeling: Health Claims and Label Statements; Antioxidant Vitamins and Cancer,'' Department of Health and Human Services, Food and Drug Administration, proposed rule, FEDERAL REGISTER (56 FR 60624 to 60651, November 27, 1991). 2 ``Food Labeling: Health Claims and Label Statements; Antioxidant Vitamins and Cancer,'' Department of Health and Human Services, Food and Drug Administration, final rule, FEDERAL REGISTER (58 FR 2622 to 2660, January 6, 1993). 3 ``Food Labeling: Health Claims; Dietary Fiber and Cancer,'' Department of Health and Human Services, Food and Drug Administration, pro- posed rule, FEDERAL REGISTER (56 FR 60566 to 60582, November 27, 1991). 4 ``Food Labeling: Health Claims and Label Statements; Dietary Fiber and Cancer,'' Department of Health and Human Services, Food and Drug Administration, final rule, FEDERAL REGISTER (58 FR 2537 to 2551, January 6, 1993). 5 ``Food Labeling: Health Claims and Label Statements; Omega-3 Fatty Acids and Coronary Heart Disease,'' Department of Health and Human Services, Food and Drug Administration, proposed rule, FEDERAL REGISTER (56 FR 60663 to 60689, November 27, 1991). 6 ``Food Labeling: Health Claims and Label Statements; Omega-3 Fatty Acids and Coronary Heart Disease,'' Department of Health and Human Services, Food and Drug Administration, final rule, FEDERAL REGISTER (58 FR 2682 to 2738, January 6, 1993). 7 ``Food Labeling: Health Claims and Label Statements; Folate and Neural Tube Defects,'' Department of Health and Human Services, Food and Drug Administration, proposed rule, FEDERAL REGISTER (58 FR 53254 to 53295, October 14, 1993). 8 ``Food Labeling: Health Claims and Label Statements; Folate and Neural Tube Defects,'' Department of Health and Human Services, Food and Drug Administration, final rule, FEDERAL REGISTER (61 FR 8752 to 8781, March 5, 1996).

Dated: September 1, 1999. DEPARTMENT OF HEALTH AND ACTION: Notice. Margaret M. Dotzel, HUMAN SERVICES Acting Associate Commissioner for Policy. SUMMARY: The Food and Drug Food and Drug Administration [FR Doc. 99–23337 Filed 9–7–99; 8:45 am] Administration (FDA) is announcing the availability of a draft guidance for BILLING CODE 4160±01±F [Docket No. 97D±0433] industry entitled ‘‘Average, Population, Draft Guidance for Industry on and Individual Approaches to Average, Population, and Individual Establishing Bioequivalence.’’ This draft Approaches to Establishing guidance provides recommendations to Bioequivalence; Availability sponsors and/or applicants intending to perform in vivo and in vitro AGENCY: Food and Drug Administration, bioequivalence (BE) studies based on HHS. comparisons of in vivo and in vitro

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This draft guidance focuses on how entitled ‘‘ Draft Guidance on Labeling preliminary draft guidance entitled ‘‘In to use each approach once a specific for Laboratory Tests.’’ This draft Vivo Bioequivalence Studies Based on criterion has been chosen. guidance is not final nor is it in effect Population and Individual This draft guidance is one of a set of at this time. The draft guidance is Bioequivalence Approaches’’ published seven core guidances being developed intended to identify the information that in December 1997, and this draft to provide recommendations on how to should be provided to FDA for labeling guidance updates a July 1992 FDA meet provisions of part 320 (21 CFR part the diagnostic performance of laboratory guidance entitled ‘‘Statistical 320) for orally administered drug tests. FDA intends to recognize two Procedures for Bioequivalence Studies products and drug products for local major categories of endpoints for Using a Standard Two-Treatment action. Taken together, the seven assessing diagnostic performance of new Crossover Design’’. When finalized, this guidances are designed to clarify the ‘‘in vitro diagnostic’’ assays. draft guidance will replace both the studies needed to document product DATES: Written comments concerning 1992 and 1997 guidances. quality BA/BE for all drug products this draft guidance must be received by DATES: Written comments may be regulated by CDER in accordance with December 7, 1999. submitted on the draft guidance the provisions in part 320. A further ADDRESSES: See the SUPPLEMENTARY document by November 8, 1999. intent is to reduce regulatory burden INFORMATION section for information on General comments on agency guidance where feasible. electronic access to the draft guidance. documents are welcome at any time. This level 1 draft guidance is being Submit written requests for single ADDRESSES: Copies of this draft issued consistent with FDA’s good copies on a 3.5′′ diskette of the draft guidance for industry are available on guidance practices (62 FR 8961, guidance entitled ‘‘Draft Guidance on the Internet at ‘‘http://www.fda.gov/ February 2, 1997). It represents the Labeling for Laboratory Tests’’ to the cder/guidance/index.htm’’. Submit agency’s current thinking on average, Division of Small Manufacturers written requests for single copies of population, and individual approaches Assistance (HFZ–220), Center for ‘‘Average, Population, and Individual to establishing BE. It does not create or Devices and Radiological Health, Food Approaches to Establishing confer any rights for or on any person and Drug Administration, 1350 Piccard Bioequivalence’’ to the Drug and does not operate to bind FDA or the Dr., Rockville, MD 20850. Send two self- Information Branch (HFD–210), Center public. An alternative approach may be addressed adhesive labels to assist that for Drug Evaluation and Research, Food used if such an approach satisfies the office in processing your request, or fax and Drug Administration, 5600 Fishers requirements of the applicable statutes, your request to 301–443–8818. Lane, Rockville, MD 20857. Send one regulations, or both. Submit written comments on the draft self-addressed adhesive label to assist Interested persons may, at any time, guidance to the Dockets Management that office in processing your requests. submit written comments on the draft Branch (HFA–305), Food and Drug Submit written comments on the draft guidance to the Dockets Management Administration, 5630 Fishers Lane, rm. guidance to the Dockets Management Branch (address above). Two copies of 1061, Rockville, MD 20852. Branch (HFA–305), Food and Drug any comments are to be submitted, FOR FURTHER INFORMATION CONTACT: Administration, 5630 Fishers Lane, rm. except that individuals may submit one Joseph L. Hackett, Center for Devices 1061, Rockville, MD 20852. copy. Comments are to be identified and Radiological Health (HFZ–440), FOR FURTHER INFORMATION CONTACT: Mei- with the docket number found in Food and Drug Administration, 2098 Ling Chen, Center for Drug Evaluation brackets in the heading of this Gaither Rd., Rockville, MD 20850, 301– and Research (HFD–870), Food and document. A copy of the draft guidance 594–3084. Drug Administration, 5600 Fishers and received comments are available for SUPPLEMENTARY INFORMATION: Lane, Rockville, MD 20857, 301–827– public examination in the Dockets 5919. Management Branch between 9 a.m. and I. Background SUPPLEMENTARY INFORMATION: FDA is 4 p.m., Monday through Friday. The labeling and evaluation of announcing the availability of a draft Dated: August 26, 1999. laboratory test performance should guidance for industry entitled ‘‘Average, Margaret M. Dotzel, compare a new product’s test results to Population, and Individual Approaches Acting Associate Commissioner for Policy. some appropriate and relevant to Establishing Bioequivalence.’’ The [FR Doc. 99–23228 Filed 9–7–99; 8:45 am] diagnostic benchmark that can be used draft guidance provides to correlate results from a new test with BILLING CODE 4160±01±F recommendations to sponsors and/or the clinical status or condition of applicants intending to perform in vivo individuals or patients for whom the and in vitro BE studies based on DEPARTMENT OF HEALTH AND test is intended to be used. comparisons of in vivo and in vitro BA HUMAN SERVICES Determination of the clinical status of measurements. In an earlier guidance patients whose specimens are used in entitled ‘‘Statistical Procedures for Food and Drug Administration an evaluation may be based on Bioequivalence Studies Using a laboratory and/or clinical endpoints. Standard Two-Treatment Crossover [Docket No. 99D±2726] FDA recognizes two major categories of Design,’’ FDA recommended that an Medical Devices; Draft Guidance on endpoints for assessing performance of average BE approach be used to Labeling for Laboratory Tests; new laboratory assays: (1) ‘‘True’’ establish BE between test and reference Availability diagnostic state (patient clinical status drug products. Because of the or condition) or operational ‘‘truth,’’ and limitations in the average BE approach, AGENCY: Food and Drug Administration, (2) laboratory equivalence where the test and after extensive intramural and HHS. is characterized in terms of a

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.012 pfrm04 PsN: 08SEN1 48844 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices comparison to a legally marketed between 9 a.m. and 4 p.m., Monday Frequency: On Occasion; predicate. through Friday. Affected Public: State, Local or Tribal This draft guidance represents the Dated: August 24, 1999. Government, and Individuals or agency’s current thinking on labeling of Linda S. Kahan, Households; diagnostic performance for new Number of Respondents: 1,500; laboratory tests. It does not create or Deputy Director for Regulations Policy, Center Total Annual Responses: 1,500; for Devices and Radiological Health. confer any rights for or on any person Total Annual Hours: 375. and does not operate to bind FDA or the [FR Doc. 99–23229 Filed 9–7–99; 8:45 am] To obtain copies of the supporting public. An alternative approach may be BILLING CODE 4160±01±F statement and any related forms for the used if such approach satisfies the proposed paperwork collections referenced above, access HCFA’s Web applicable statute, regulations, or both. DEPARTMENT OF HEALTH AND The agency has adopted good Site address at http://www.hcfa.gov/ HUMAN SERVICES guidance practices (GGP’s), which set regs/prdact95.htm, or E-mail your forth the agency’s policies and Health Care Financing Administration request, including your address, phone procedures for the development, number, OMB number, and HCFA issuance, and use of guidance [HCFA±R±285] document identifier, to documents (62 FR 8961, February 27, [email protected], or call the Reports Agency Information Collection 1997). This draft guidance is issued as Clearance Office on (410) 786–1326. a Level 1 guidance consistent with Activities: Proposed Collection; Comment Request Written comments and GGP’s. recommendations for the proposed II. Electronic Access AGENCY: Health Care Financing information collections must be mailed Administration, HHS. within 60 days of this notice directly to In order to receive the ‘‘Draft ACTION: Comment request. the HCFA Paperwork Clearance Officer Guidance on Labeling for Laboratory designated at the following address: Tests’’ via your fax machine, call the In compliance with the requirement HCFA, Office of Information Services, CDRH Facts-On-Demand system at 800– of section 3506(c)(2)(A) of the Security and Standards Group, Division 899–0381 or 301–827–0111 from a Paperwork Reduction Act of 1995, the of HCFA Enterprise Standards, touch-tone telephone. At the first voice Health Care Financing Administration Attention: Dawn Willinghan, Room N2– prompt press 1 to access DSMA Facts, (HCFA), Department of Health and 14–26, 7500 Security Boulevard, at second voice prompt press 2, and Human Services, is publishing the Baltimore, Maryland 21244–1850. then enter the document number (1352) following summary of proposed followed by the pound sign (#). Then collections for public comment. Dated: August 26, 1999. follow the remaining voice prompts to Interested persons are invited to send John P. Burke III, complete your request. comments regarding this burden HCFA Reports Clearance Officer, HCFA Office Persons interested in obtaining a copy estimate or any other aspect of this of Information Services, Security and of the draft guidance may also do so collection of information, including any Standards Group, Division of HCFA Enterprise Standards. using the World Wide Web (WWW). of the following subjects: (1) The CDRH maintains an entry on the WWW necessity and utility of the proposed [FR Doc. 99–23312 Filed 9–7–99; 8:45 am] for easy access to information including information collection for the proper BILLING CODE 4120±03±P text, graphics, and files that may be performance of the agency’s functions; downloaded to a personal computer (2) the accuracy of the estimated DEPARTMENT OF HEALTH AND with access to the WWW. Updated on burden; (3) ways to enhance the quality, HUMAN SERVICES a regular basis, the CDRH home page utility, and clarity of the information to includes the ‘‘Draft Guidance on be collected; and (4) the use of Health Resources and Services Labeling for Laboratory Tests,’’ device automated collection techniques or Administration safety alerts, Federal Register reprints, other forms of information technology to information on premarket submissions minimize the information collection Advisory Council; Notice of Meeting (including lists of approved applications burden. and manufacturers’ addresses), small Type of Information Collection Pursuant to section 10(d) of the manufacturers’ assistance, information Request: Extension of a currently Federal Advisory Committee Act, as on video conferencing and electronic approved collection; amended (5 U.S.C. Appendix 2), notice submissions, mammography matters, Title of Information Collection: is hereby given of the following Health and other device-oriented information. Request for Retirement Benefit Professions and Nurse Education The CDRH home page may be accessed Information; Special Emphasis Panel (SEP) Meetings. ι at ‘‘http://www.fda.gov/cdrh’’. Form No.: HCFA-R–285 (OMB 0938– Name: Residency Training in Primary Care 0769); Peer Review Group I. III. Comments Use: This form will be used to obtain Date and Time: December 6–9, 1999, 8:00 Interested persons may submit to the information regarding whether a a.m. to 6:00 p.m. Dockets Management Branch (address beneficiary is receiving retirement Place: Holiday Inn Silver Spring, 8777 above) written comments regarding this payments based on State or local Georgia Avenue, Silver Spring, Maryland draft guidance. Two copies of any government employment, how long the 20910. comments are to be submitted, except claimant worked for the State or local Open on: December 6, 1999, 8:00 a.m. to 10:00 a.m. that individuals may submit one copy. government employer, and whether the Closed on: December 6, 1999, 10:00 a.m. to Comments should be identified with the former employer or pension plan 6:00 p.m.; December 7–9, 1999, 8:00 a.m. to docket number found in brackets in the subsidizes the beneficiary’s Part A 6:00 p.m. heading of this document. A copy of the premium. The purpose in collecting this Name: Residency Training in Primary Care draft guidance and received comments information is to determine and provide Peer Review Group II. are available for public examination in those eligible beneficiaries, with free Date and Time: December 13–16, 1999, the Dockets Management Branch Part A Medicare coverage.; 8:00 a.m. to 6:00 p.m.

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Place: Holiday Inn Silver Spring, 8777 Open on: February 7, 2000, 8:00 a.m. to Closed on: March 6, 2000, 10:00 a.m. to Georgia Avenue, Silver Spring, Maryland 10:00 a.m. 6:00 p.m.; March 7–9, 2000, 8:00 a.m. to 6:00 20910. Closed on: February 7, 2000, 10:00 a.m. to p.m. Open on: December 13, 1999, 8:00 a.m. to 6:00 p.m.; February 8–10, 2000, 8:00 a.m. to Name: Nursing Workforce Diversity Peer 10:00 a.m. 6:00 p.m. Review Group. Closed on: December 13, 1999, 10:00 a.m. Name: Predoctoral Training in Primary Date and Time: March 13–16, 2000, 8:00 to 6:00 p.m.; December 14–16, 1999, 8:00 Care Peer Review Group. a.m. to 6:00 p.m. a.m. to 6:00 p.m. Date and Time: February 14–17, 2000, 8:00 Place: Holiday Inn Silver Spring, 8777 Name: Faculty Development in Primary a.m. to 6:00 p.m. Georgia Avenue, Silver Spring, Maryland Care Peer Review Group. Place: Holiday Inn Silver Spring, 8777 20910. Date and Time: January 18–21, 2000, 8:00 Georgia Avenue, Silver Spring, Maryland Open on: March 13, 2000, 8:00 a.m. to a.m. to 6:00 p.m. 20910. 10:00 a.m. Place: Holiday Inn Silver Spring, 8777 Open on: February 14, 2000, 8:00 a.m. to Closed on: March 13, 2000, 10:00 a.m. to Georgia Avenue, Silver Spring, Maryland 10:00 a.m. 6:00 p.m.; March 14–16, 2000, 8:00 a.m. to 20910. Closed on: February 14, 2000, 10:00 a.m. to 6:00 p.m. Open on: January 18, 2000, 8:00 a.m. to 6:00 p.m.; February 15–17, 2000, 8:00 a.m. to Name: Centers of Excellence Review 10:00 a.m. 6:00 p.m. Group. Closed on: January 18, 2000, 10:00 a.m. to Name: Physicians Assistant Training Peer Date and Time: March 20–23, 2000, 8:00 6:00 p.m.; January 19–21, 8:00 a.m. to 6:00 Review Group. a.m. to 6:00 p.m. p.m. Date and Time: February 22–25, 2000, 8:00 Place: Holiday Inn Silver Spring, 8777 Name: Quentin N. Burdick Rural Health a.m. to 6:00 p.m. Georgia Avenue, Silver Spring, Maryland Interdisciplinary Program Peer Review Place: Holiday Inn Silver Spring, 8777 20910. Group. Georgia Avenue, Silver Spring, Maryland Open on: March 20, 2000, 8:00 a.m. to Date and Time: January 24–27, 2000, 8:00 20910. 10:00 a.m. a.m. to 6:00 p.m. Open on: February 22, 2000, 8:00 a.m. to Closed on: March 20, 2000, 10:00 a.m. to Place: Holiday Inn Silver Spring, 8777 10:00 a.m. 6:00 p.m.; March 21–23, 2000, 8:00 a.m. to Georgia Avenue, Silver Spring, Maryland Closed on: February 22, 2000, 10:00 a.m. to 6:00 p.m. 20910. 6:00 p.m.; February 23–25, 2000, 8:00 a.m. to Name: Geriatric Training Regarding Open on: January 24, 2000, 8:00 a.m. to 6:00 p.m. 10:00 a.m. Physicians and Dentists Review Group. Closed on: January 24, 2000, 10:00 a.m. to Name: Residencies and Advanced Date and Time: March 27–30, 2000, 8:00 6:00 p.m.; January 25–27, 8:00 a.m. to 6:00 Education in the Practice of General a.m. to 6:00 p.m. p.m. Dentistry Peer Review Group. Place: Holiday Inn Silver Spring, 8777 Date and Time: February 28–March 2, Georgia Avenue, Silver Spring, Maryland Name: Public Health Nursing/Clinical 2000, 8:00 a.m. to 6:00 p.m. 20910. Practice Peer Review Group. Place: Holiday Inn Silver Spring, 8777 Open on: March 27, 2000, 8:00 a.m. to Date and Time: January 24–27, 2000, 8:00 Georgia Avenue, Silver Spring, Maryland 10:00 a.m. a.m. to 6:00 p.m. 20910. Closed on: March 27, 2000, 10:00 a.m. to Place: Holiday Inn Silver Spring, 8777 Open on: February 28, 2000, 8:00 a.m. to 6:00 p.m.; March 28–30, 2000, 8:00 a.m. to Georgia Avenue, Silver Spring, Maryland 10:00 a.m. 6:00 p.m. 20910. Closed on: February 28, 2000, 10:00 a.m. to Open on: January 24, 2000, 8:00 a.m. to Name: Geriatric Education Centers Review 6:00 p.m.; February 29–March 2, 2000, 8:00 10:00 a.m. Group. a.m. to 6:00 p.m. Closed on: January 24, 2000, 10:00 a.m. to Date and Time: March 27–30, 2000, 8:00 6:00 p.m.; January 25–27, 2000, 8:00 a.m. to Name: Pediatric Dentistry Peer Review a.m. to 6:00 p.m. 6:00 p.m. Group. Place: Holiday Inn Silver Spring, 8777 Date and Time: February 28–March 2, Georgia Avenue, Silver Spring, Maryland Name: Podiatric Residency in Primary Care 2000, 8:00 a.m. to 6:00 p.m. 20910. Peer Review Group. Place: Holiday Inn Silver Spring, 8777 Open on: March 27, 2000, 8:00 a.m. to Date and Time: January 31–February 3, Georgia Avenue, Silver Spring, Maryland 10:00 a.m. 2000, 8:00 a.m. to 6:00 p.m. Place: Holiday Inn Silver Spring, 8777 20910. Closed on: March 27, 2000, 10:00 a.m. to Georgia Avenue, Silver Spring, Maryland Open on: February 28, 2000, 8:00 a.m. to 6:00 p.m.; March 28–30, 2000, 8:00 a.m. to 20910. 10:00 a.m. 6:00 p.m. Open on: January 31, 2000, 8:00 a.m. to Closed on: February 28, 2000, 10:00 a.m. to Name: Health Careers Opportunity 10:00 a.m. 6:00 p.m.; February 29–March 2, 2000, 8:00 Program Review Group. Closed on: January 31, 2000, 10:00 a.m. to a.m. to 6:00 p.m. Date and Time: April 3–7, 2000, 8:00 a.m. 6:00 p.m.; February 1–3, 2000, 8:00 a.m. to Name: Public Health Training Centers to 6:00 p.m. 6:00 p.m. Review Group. Place: Holiday Inn Silver Spring, 8777 Name: Dentistry Public Health Peer Review Date and Time: March 6–9, 2000, 8:00 a.m. Georgia Avenue, Silver Spring, Maryland Group. to 6:00 p.m. 20910. Date and Time: January 31–February 3, Place: Holiday Inn Silver Spring, 8777 Open on: April 3, 2000, 8:00 a.m. to 10:00 2000, 8:00 a.m. to 6:00 p.m. Georgia Avenue, Silver Spring, Maryland a.m. Place: Holiday Inn Silver Spring, 8777 20910. Closed on: April 3, 2000, 10:00 a.m. to 6:00 Georgia Avenue, Silver Spring, Maryland Open on: March 6, 2000, 8:00 a.m. to 10:00 p.m.; April 4–7, 8:00 a.m. to 6:00 p.m. 20910. a.m. Name: Academic Administrative Units Open on: January 31, 2000, 8:00 a.m. to Closed on: March 6, 2000, 10:00 a.m. to (Departments of Family Medicine) Peer 10:00 a.m. 6:00 p.m.; March 7–9, 2000, 8:00 a.m. to 6:00 Review Group. Closed on: January 31, 2000, 10:00 a.m. to p.m. Date and Time: April 10–13, 8:00 a.m. to 6:00 p.m.; February 1–3, 2000, 8:00 a.m. to Name: Public Health Special Projects 6:00 p.m. 6:00 p.m. Review Group. Place: Holiday Inn Silver Spring, 8777 Name: Health Administration Traineeships Date and Time: March 6–9, 2000, 8:00 a.m. Georgia Avenue, Silver Spring, Maryland and Special Projects Peer Review Group. to 6:00 p.m. 20910. Date and Time: February 7–10, 2000, 8:00 Place: Holiday Inn Silver Spring, 8777 Open on: April 10, 2000, 8:00 a.m. to 10:00 a.m. to 6:00 p.m. Georgia Avenue, Silver Spring, Maryland a.m. Place: Holiday Inn Silver Spring, 8777 20910. Closed on: April 10, 2000, 10:00 a.m. to Georgia Avenue, Silver Spring, Maryland Open on: March 6, 2000, 8:00 a.m. to 10:00 6:00 p.m.; April 11–13, 2000, 8:00 a.m. to 20910. a.m. 6:00 p.m.

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Name: Advanced Nursing Education Closed on: May 22, 2000, 10:00 a.m. to 6:00 health care program beneficiaries. Many Review Group (Optional Group). p.m.; May 23–25, 2000, 8:00 a.m. to 6:00 p.m. physicians have expressed an interest in Date and Time: April 25–28, 2000, 8:00 Name: Chiropractic/Demonstration Review better protecting their practices from the a.m. to 6:00 p.m. Group. potential for fraud and abuse. While the Place: Holiday Inn Silver Spring, 8777 Date and Time: May 22–25, 2000, 8:00 a.m. Georgia Avenue, Silver Spring, Maryland OIG believes that the great majority of to 6:00 p.m. physicians are honest and share our goal 20910. Place: Holiday Inn Silver Spring, 8777 Open on: April 25, 2000, 8:00 a.m. to 10:00 Georgia Avenue, Silver Spring, Maryland of protecting the integrity of Medicare a.m. 20910. and other Federal health care programs, Closed on: April 25, 2000, 10:00 a.m. to Open on: May 22, 2000, 8:00 a.m. to 10:00 all health care providers have a duty to 6:00 p.m.; April 26–28, 2000, 8:00 a.m. to a.m. reasonably ensure that the claims 6:00 p.m. Closed on: May 22, 2000, 10:00 a.m. to 6:00 submitted to Medicare and other Name: Model AHEC Review Group. p.m.; May 23–25, 2000, 8:00 a.m. to 6:00 p.m. Date and Time: April 25–26, 2000, 8:00 Federal health care programs are true Purpose: The Health Professions and Nurse a.m. to 6:00 p.m. and accurate. The development of a Place: Holiday Inn Silver Spring, 8777 Education Special Emphasis Panel shall comprehensive, effective compliance Georgia Avenue, Silver Spring, Maryland advise the Director of the Bureau of Health program by individual physicians and Professions on the technical merit of grants 20910. small group practices will go a long way Open on: April 25, 2000, 8:00 a.m. to 10:00 to improve the training, distribution, utilization, and quality of personnel required toward achieving this goal. Over the a.m. past two years, the OIG has developed Closed on: April 25, 2000, 10:00 a.m. to to staff the Nation’s health care delivery 6:00 p.m.; April 26, 2000, 8:00 a.m. to 6:00 system. guidances for hospitals, clinical p.m. Agenda: The open portion of each meeting laboratories, home health agencies, will cover welcome and opening remarks, Name: Basic AHEC Review Group. third-party medical billing companies financial management and legislative Date and Time: April 27–28, 2000, 8:00 and durable medical equipment a.m. to 6:00 p.m. implementation updates, and overview of the companies. While the OIG has Place: Holiday Inn Silver Spring, 8777 review process. The meetings will be closed previously referred physicians and Georgia Avenue, Silver Spring, Maryland at approximately 10:00 a.m. on the first day of each meeting until adjournment for the physician groups to the OIG’s 20910. compliance guidance for third-party Open on: April 27, 2000, 8:00 a.m. to 10:00 review of grant applications. The closing is in accordance with the provision set forth in medical billing companies for guidance a.m. regarding the risk areas that are most Closed on: April 27, 2000, 10:00 a.m. to section 552b(c)(6), Title 5 U.S. Code, and the 6:00 p.m.; April 28, 2000, 8:00 a.m. to 6:00 Determination by the Associate directly relevant to physicians, we have p.m. Administrator for Management and Program received continued interest from Name: Advanced Nursing Education Support, Health Resources and Services physicians for a specific guidance Review Group I. Administration, pursuant to Public Law 92– directed at their individual practices. In Date and Time: May 1–4, 2000, 8:00 a.m. 463. order to provide such meaningful Anyone wishing to obtain a roster of to 6:00 p.m. guidance to individual and small group Place: Holiday Inn Silver Spring, 8777 members or other relevant information should write or contact Mrs. Sherry Whipple, physician practices, the OIG is soliciting Georgia Avenue, Silver Spring, Maryland comments, recommendations and other 20910. Program Analyst, Peer Review Branch, Open on: May 1, 2000, 8:00 a.m. to 10:00 Parklawn Building, Room 8C–23, 5600 suggestions from concerned parties and a.m. Fishers Lane, Rockville, Maryland 20857, organizations on how best to develop a Closed on: May 1, 2000, 10:00 a.m. to 6:00 telephone 301–443–5926. compliance program guidance to reduce p.m.; May 2–4, 2000, 8:00 a.m. to 6:00 p.m. Dated: September 2, 1999. the potential for fraud and abuse in the Name: Advanced Nursing Education Jane M. Harrison, individual or small group physician Review Group II. Director, Division of Policy Review and practice, as well as feedback as to Date and Time: May 8–11, 2000, 8:00 a.m. Coordination. whether such a guidance would be to 6:00 p.m. [FR Doc. 99–23335 Filed 9–7–99; 8:45 am] beneficial to physician practices. Place: Holiday Inn Silver Spring, 8777 DATES: Georgia Avenue, Silver Spring, Maryland BILLING CODE 4160±15 P To assure consideration, 20910. comments must be delivered to the Open on: May 8, 2000, 8:00 a.m. to 10:00 address provided below by no later than a.m. DEPARTMENT OF HEALTH AND 5 p.m. on November 8, 1999. Closed on: May 8, 2000, 10:00 a.m. to 6:00 HUMAN SERVICES ADDRESSES: Please mail or deliver your p.m.; May 9–11, 2000, 8:00 a.m. to 6:00 p.m. written comments, recommendations Name: Basic Nurse Education and Practice Office of Inspector General and suggestions to the following Review Group. Solicitation of Information and address: Department of Health and Date and Time: May 16–19, 2000, 8:00 a.m. Human Services, Office of Inspector to 6:00 p.m. Recommendations for Developing OIG Place: Holiday Inn Silver Spring, 8777 Compliance Program Guidance for General, Attention: OIG–7–CPG, Room Georgia Avenue, Silver Spring, Maryland Individual Physicians and Small Group 5246, Cohen Building, 330 20910. Practices Independence Avenue, S.W., Open on: May 16, 2000, 8:00 a.m. to 10:00 Washington, D.C. 20201. a.m. AGENCY: Office of Inspector General We do not accept comments by Closed on: May 16, 2000, 10:00 a.m. to 6:00 (OIG), HHS. facsimile (FAX) transmission. In p.m.; May 17–19, 2000, 8:00 a.m. to 6:00 p.m. ACTION: Notice. commenting, please refer to the file code Name: Allied Health Project Grants Review OIG–7–CPG. Comments received timely Group. SUMMARY: This Federal Register notice will be available for public inspection as Date and Time: May 22–25, 2000, 8:00 a.m. seeks the input and recommendations of they are received, generally beginning to 6:00 p.m. interested parties as the OIG considers approximately 3 weeks after publication Place: Holiday Inn Silver Spring, 8777 Georgia Avenue, Silver Spring, Maryland developing a compliance program of a document, in Room 5541 of the 20910. guidance for individual and small group Office of Inspector General at 330 Open on: May 22, 2000, 8:00 a.m. to 10:00 physician practices, especially those Independence Avenue, S.W., a.m. serving Medicare and other Federal Washington, D.C. 20201 on Monday

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.109 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48847 through Friday of each week from 8:00 • The development and contact information relating to potential a.m. to 4:30 p.m. implementation of effective training and study cooperation and participation by FOR FURTHER INFORMATION CONTACT: education programs. scientists from the USGS Biological • Kimberly Brandt, Office of Counsel to The development and maintenance Resources Division, Eastern Region, the Inspector General, (202) 619–2078. of effective lines of communication. Science Centers (6 Centers) and • The enforcement of standards Cooperative Research Units (16 Units) SUPPLEMENTARY INFORMATION: The through well-publicized disciplinary access the following web sites: development of compliance program guidelines. guidances has become a major initiative • For Centers, http://biology.usgs.gov/ The use of audits and other nbs/nbshp2l2.htm http of the OIG in its effort to engage the evaluation techniques to monitor private health care community in and compliance. For Units, http://biology.usgs.gov/coop/ addressing and combating fraud and • The development of procedures to list.html abuse. Recently, the OIG has developed respond to detected offenses and to and issued compliance program initiate corrective action. Proposals involving the support and guidance directed at various segments of The OIG would appreciate specific cooperation of multiple State parties as the health care industry.1 New OIG comments, recommendations and well as multiple Federal, private, or guidance under consideration will be suggestions on (1) risk areas for the other entities are strongly favored. designed to provide clear direction and individual or small group physician Respondents are encouraged to show assistance to physicians providing practice, and (2) aspects of the seven linkages to other resource agencies, in services to Medicare and other Federal elements contained in previous addition to USGS, that have jurisdiction health care program beneficiaries who guidances that may need to be modified over public lands or public trust biotic are interested in reducing and to reflect the unique characteristics of resources and to the science information eliminating the potential for fraud and the individual or small group physician needs for other Department of the abuse within their practice. practice. Detailed justifications and Interior bureaus and other Federal The guidances represent the empirical data supporting suggestions agencies. Proposals must demonstrate a culmination of the OIG’s suggestions on would be appreciated. commitment to information exchange how providers can most effectively We also request that any comments, and technology transfer. establish internal controls and recommendations and input be Eligibility Requirements implement monitoring procedures to submitted in a format that addresses the identify, correct and prevent fraudulent above topics in a concise manner, rather Applicant Eligibility: State, Tribal, and wasteful activities. As stated in than in the form of a comprehensive and/or U.S. Territories and Possessions previous guidances, these guidelines are draft guidance that mirrors previous that conduct natural resources studies not mandatory for providers, nor do guidances. and associated information management. No Federal or private they represent an exclusive document of Dated: August 31, 1999. advisable elements of a compliance agencies may apply. June Gibbs Brown, program. Application and Award Process In an effort to formalize the process by Inspector General. which the OIG receives public [FR Doc. 99–23294 Filed 9–7–99; 8:45 am] Pre-proposal Submission: Eligible comments in connection with BILLING CODE 4150±04±P institutions may request a Pre-proposal compliance program guidances, the OIG Solicitation Package, including is seeking, through this Federal Register instructions on the SPP and how to notice, formal input from interested DEPARTMENT OF THE INTERIOR submit an application, from the USGS, parties as the OIG considers developing Eastern Regional Office (see address a compliance program guidance Geological Survey below). Pre-proposals must be submitted to USGS by State/Tribe directed at individual and small group Application Notice Describing an physician practices. The OIG will give institutions only, but must include Opportunity of Federal Funding of information on participating USGS consideration to all comments, Proposals Submitted Under the State recommendations and suggestions Science Center or Cooperative Research Partnership Program (SPP) for Fiscal Unit. submitted and received by the time Year 2000 frame indicated above. Full-proposal Evaluation and Award: We anticipate that the physician AGENCY: Department of the Interior, U.S. Full proposals will be requested in guidance will contain seven elements Geological Survey. writing by the USGS from institutions that have submitted pre-proposals of that the OIG considers necessary for a ACTION: Notice. comprehensive compliance program. high merit and who have met all of the These seven elements have been SUMMARY: Pre-proposal Applications are pre-proposal requirements as detailed in discussed in our previous guidances invited for projects under the FY2000 the Pre-proposal Solicitation Package. and include: State Partnership Program (SPP). Detailed specifications will be provided • The development of written The purpose of the SPP is to provide when the written request for full policies and procedures. support through grants and cooperative proposals is made. After meeting all • The designation of a compliance agreements to states and tribal agencies submission requirements, full proposals officer and other appropriate bodies. whose primary focus is on gathering, will be reviewed and evaluated by a analyzing, and distributing biological technical review team. Projects will be 1 See 62 FR 9435 (March 3, 1997) for clinical science information needed for natural individually scored and prioritized, and laboratories, as amended in 63 FR 45076 (August resource management decision-making. award recommendations forwarded to 24, 1998); 63 FR 8987 (February 23, 1998) for This program requires complementary the USGS contracting office for award. hospitals; 63 FR 42410 (August 7, 1998) for home study participation and interaction Dates: Completed pre-proposals must health agencies, and 63 FR 70138 (December 18, 1998) for third party medical billing companies. between State/Tribal institutions and be submitted to the USGS, Eastern The guidances can also be found on the OIG web Science Centers or Cooperative Research Regional Office and be postmarked no site at http://www.hhs.gov/oig. Units of the USGS, Eastern Region. For later than October 6, 1999. Full

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 48848 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices proposals will be required by 30 0160), Office of Information and DEPARTMENT OF THE INTERIOR November, 1999. Notification of awards Regulatory Affairs, Washington, DC [NV±055±99±7122±00±8824] will be made by 30 December 1999. 20503, telephone (202) 395–7340. Please Application Information: A Pre- provide a copy of your comments to the Nevada Temporary Closure of Certain Proposal Solicitation Package, including Bureau Clearance Officer (WO–630) Public Lands Managed by the Bureau a SPP Factsheet that gives examples of 1849 C St., NW, Room 401 LS Bldg., of Land Management, Las Vegas Field projects that have received funding in Washington, DC 20240. Office. the past, may be requested from the USGS, Eastern Regional Office at the Nature of Comments: We specifically AGENCY: Bureau of Land Management, following address: Dr. Gary D. Brewer, request your comment on the following: Department of Interior. State Partnership Program Coordinator, 1. Whether the collection of ACTION: Temporary closure of selected USGS Biological Resources Division, information is necessary for the proper public lands in Clark County, Nevada, Eastern Regional Office, 1700 Leetown functioning of the Bureau of Land during the operation of the 1999 SNORE Road, Kearneysville, WV 25430, Management, including whether the OHV in NELLIS DUNES Race. Telephone: 304–724–4507, Fax: 304– information will have practical utility; 724–4505, E-mail: SUMMARY: The District Manager of the [email protected] 2. The accuracy of BLM’s estimate of Las Vegas District announces the the burden of collecting the information, temporary closure of selected public Authorization including the validity of the lands under its administration. Fish and Wildlife Act of 1956, 70 Stat. methodology and assumptions used; This action is being taken to help 1119, as amended, 16 U.S.C. 742a–742j; 3. The quality, utility, and clarity of ensure public safety, prevent unnecessary environmental degradation Fish and Wildlife Coordination Act of the information to be collected; and 1958, 16 U.S.C. 661–667e. The Office of during the official permitted running of Management and Budget Catalog of 4. How to minimize the burden of the 1999 SNORE OHV in NELLIS Federal Domestic Assistance Number is collecting the information on those who DUNES Race and to comply with 15.808. are to respond, including the use of provisions of the US Fish and Wildlife appropriate automated electronic, Service’s Biological Opinion for Speed Dated: August 24, 1999. mechanical, or other forms of Based Off-Highway Vehicle Events (1– David P. Bornholdt, information technology. 5–F–237). Deputy Regional Chief Biologist. DATES: From 6:00 am Sept 24, 1999 Title: Oil and Gas Geophysical [FR Doc. 99–23245 Filed 9–7–99; 8:45 am] through 6:00 am Sept 26, 1999 Pacific Exploration Operations (43 CFR 3151). BILLING CODE 4310±Y7±M Standard Time. OMB Approval Number: 1004–0162. CLOSURE AREA: Public lands within as Abstract: Respondents supply described below, an area within T.17S, DEPARTMENT OF THE INTERIOR information that will be used to R64E & 65E east of I–15 and south of S.R. 40 (Valley of Fire Road); T18S, Bureau of Land Management determine procedures for conducting oil and gas geophysical exploration R63E, R64E, R65E east of I–15; T19S, R63E, R64E, R65E east of I–15. [(WO±310±02±24 1A); OMB Approval operations on public lands. The Number 1004±0162] 1. The closure is bound by MOAPA information supplied allows the Bureau RIVER INDIAN RESERVATION to the Information Collection Submitted to of Land Management to determine that NORTH, NELLIS AFB on the SOUTH, I– the Office of Management and Budget geophysical exploration operation 15, to the WEST, LAKE MEAD NRA to for Review Under the Paperwork activities are conducted in a manner the EAST. Reduction Act consistent with the regulations, local Exceptions to the closure are: Las use plans, and environmental The proposal for the collection of Vegas Blvd. assessments in compliance with the 2. The entire area encompassed by the information listed below has been designated course and all areas outside submitted to the Office of Management provisions of the National and Budget for approval under the Environmental Policy Act of 1969 as the designated course as listed in the provisions of Paperwork Reduction Act amended. legal description above are closed to all (44 U.S.C. Chapter 35). On June 30, Form Numbers: 3150–4, 3150–5. vehicles except Law Enforcement, Emergency Vehicles, and Official Race 1999, the Bureau of Land Management Frequency: On occasion. (BLM) published a notice in the Federal Vehicles. Access routes leading to the Register (64 FR 35177) requesting Description of Respondents: Oil and course are closed to vehicles. gas exploration and drilling companies. 3. No vehicle stopping or parking. comments on the collection. The 4. Spectators are required to remain comment period ended August 30, 1999. Estimated Completion Time: Form within designated spectator area only. No comments were received. Copies of 3150–4, 1 hour; Form 3150–5, 1⁄3 hour. 5. The following regulations will be in the proposed collection of information Annual Responses: 1200. effect for the duration of the closure: and related forms and explanatory Annual Burden Hours: 800. Unless otherwise authorized no material may be obtained by contacting person shall: the Bureau’s Clearance Officer at the Bureau Clearance Officer: Carole J. a. Camp in any area outside of the telephone number listed below. Smith (202) 452–0367. designated spectator areas. OMB is required to respond to this Dated: August 31, 1999. b. Enter any portion of the race course request within 60 days but may respond or any wash located within the race Carole J. Smith, after 30 days. For maximum course. consideration, your comments and Bureau Clearance Officer. c. Spectate or otherwise be located suggestions on the requirement should [FR Doc. 99–23247 Filed 9–7–99; 8:45 am] outside of the designated spectator area. be made within 30 days directly to the BILLING CODE 4310±84±M d. Cut or collect firewood of any kind, Office of Management and Budget, including dead and down wood or other Interior Department Desk Officer (1004– vegetative material.

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e. Possess and or consume any Crayton or Ken Burger, BLM Rangers, approximately 29,709 acres of lands alcoholic beverage unless the person has BLM Las Vegas Field Office, 4765 Vegas withdrawn for Bureau of Land reached the age of 21 years. Dr., Las Vegas, Nevada 89108, (702) Management Power Site Reserve No. f. Discharge, or use firearms, other 647–5000. 485 at Iliamna Lake region. The lands weapons or fireworks. Dated: August 25, 1999. are no longer needed for the purpose for g. Park, stop, or stand any vehicle Dave Wolf, which they were withdrawn. This outside of the designated spectator area. action allows the conveyance of Acting Field Office Manager. h. Operate any vehicle including an approximately 11,211 acres of the lands off-highway vehicle (OHV), which is not [FR Doc. 99–23145 Filed 9–7–99; 8:45 am] to the State of Alaska, if such lands are legally registered for street and highway BILLING CODE 4310±HC±M otherwise available. Any of the lands operation, including operation of such a described herein that are selected by but vehicle in spectator viewing areas, along not conveyed to the State will be subject DEPARTMENT OF THE INTERIOR the race course, and in designated pit to the terms and conditions of Public area. Bureau of Land Management Land Order No. 5184, as amended, i. Park any vehicle in violation of Public Land Order No. 5174, as posted restrictions, or in such a manner [UTU±72110] amended, and any other withdrawal or as to obstruct or impede normal or segregation of record. Approximately Utah; Proposed Reinstatement of emergency traffic movement or the 18,498 acres of the lands have been Terminated Oil and Gas Lease parking of other vehicles, create a safety conveyed out of Federal ownership or hazard, or endanger any person, In accordance with Title IV of the lie within the Lake Clark National property or feature. Vehicles so parked Federal Oil and Gas Royalty Preserve pursuant to the Alaska are subject to citation, removal and Management Act (Pub. L. 97–451), a National Interest Lands Conservation impoundment at owners expense. petition for reinstatement of oil and gas Act. j. Take a vehicle through, around or lease UTU–72110 for lands in Uintah EFFECTIVE DATE: September 8, 1999. beyond a restrictive sign, recognizable County, Utah, was timely filed and FOR FURTHER INFORMATION CONTACT: barricade, fence or traffic control barrier required rentals accruing from Robbie J. Havens, BLM Alaska State or device. December 1, 1998, the date of Office, 222 W. 7th Avenue, No. 13, k. Fail to keep their site free of trash termination, have been paid. Anchorage, Alaska 99513–7599, 907– and litter during the period of The lessees have agreed to new lease 271–5049. occupancy, or fail to remove all terms for rentals and royalties at rates of By virtue of the authority vested in personal equipment, trash, and litter $10 per acre and 162⁄3 percent, the Secretary of the Interior by Section upon departure. respectively. The $500 administrative 204 of the Federal Land Policy and l. Violate quiet hours by causing an fee has been paid and the lessees have Management Act of 1976, 43 U.S.C. unreasonable noise as determined by reimbursed the Bureau of Land 1714 (1994), and by Section 17(d)(1) of the authorized officer between the hours Management for the cost of publishing the Alaska Native Claims Settlement of 10:00 p.m. and 6:00 a.m. Pacific this notice. Act, 43 U.S.C. 1616(d)(1) (1994), it is Standard Time. Having met all the requirements for ordered as follows: m. Allow any pet or other animal in reinstatement of the lease as set out in 1. Executive Order dated April 1, their care to be unrestrained at any time. Section 31 (d) and (e) of the Mineral 1915, as modified, which withdrew n. Fail to follow orders of directions Leasing Act of 1920 (30 U.S.C. 188), the lands for Bureau of Land Management of an authorized officer. Bureau of Land Management is Power Site Reserve No. 485 in the o. Obstruct, resist, or attempt to elude proposing to reinstate lease UTU–72110, Iliamna Lake area, is hereby revoked a Law Enforcement Officer or fail to effective December 1, 1998, subject to insofar as it affects the following follow their orders or direction. the original terms and conditions of the described lands: Signs and maps directing the public lease and the increased rental and to designated spectator areas will be royalty rates cited above. Seward Meridian, Alaska provided by the Bureau of Land All lands within 1⁄4 mile of the Lower Dated: August 31, 1999. Management and the event sponsor. Tazimina Lake, the Tazimina River between Maps are available at the Las Vegas Robert Lopez, Lower Tazimina Lake and Sixmile Lake, the Field Office. Branch Chief, Minerals Adjudication. Kakhonak Lake, and the Kakhonak River [FR Doc. 99–23153 Filed 9–7–99; 8:45 am] between Kakhonak Lake and Kakhonak Bay, The above restrictions do not apply to an arm of Iliamna Lake, located within: BILLING CODE 4310±DQ±M emergency vehicles and vehicles owned (a) Those portions of Tps. 7 and 8 S., Rs. by the United States, the State of 28 and 29 W., (unsurveyed), and T. 8 S., R. Nevada or Clark County. Vehicles under 30 W., (surveyed) which have not been permit for operation by event DEPARTMENT OF THE INTERIOR conveyed out of Federal ownership. The area described contains approximately 11,211 participants must follow the race permit Bureau of Land Management stipulations. acres. Operators of permitted vehicles shall [AK±932±1430±01; AA±6497] (b) Those portions of Tps. 8 S., Rs. 30 and maintain a maximum speed limit of 25 31 W., T. 9 S., R. 31 W., T. 2 S., R. 30 W., Public Land Order No. 7410; Partial and Tps. 2 and 3 S., Rs. 31 and 32 W., (all mph on all BLM roads and ways. surveyed) which lie within the Lake Clark Authority for closure of public lands is Revocation of Executive Order dated April 1, 1915; Alaska National Preserve or have been conveyed out found in 43 CFR 8340 subpart 8341; 43 of Federal ownership. CFR part 8360, subpart 8364.1 and 43 AGENCY: Bureau of Land Management, The area described contains approximately CFR 8372. Persons who violate this Interior. 18,498 acres. closure order are subject to fines and or The areas described in (a) and (b) above ACTION: Public Land Order. arrest as prescribed by law. aggregate approximately 29,709 acres. FOR FURTHER INFORMATION CONTACT: SUMMARY: This order revokes an 2. The State of Alaska applications for Dave Wolf, Recreation Manager or Ron Executive order insofar as it affects selection made under Section 6(b) of the

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Alaska Statehood Act of July 7, 1958, 48 Kremmling, Colorado 80459, (97024– SUPPLEMENTARY INFORMATION: The U.S.C. note prec. 21 (1994), and under 3437). Commission conducted the subject Section 906(e) of the Alaska National SUPPLEMENTARY INFORMATION: investigation to determine whether Interest Lands Conservation Act, 43 Publication of this notice in the Federal there is a violation of section 337 of the U.S.C. 1635(e) (1994), for the lands Register segregates the public land from Tariff Act of 1930 as amended (19 described in paragraph 1(a), become operation of the public land laws, U.S.C. 1337) in the importation into the effective without further action by the including the mining laws, for a period United States, the sale for importation, State upon publication of this public of 270 days from the date above unless and the sale within the United States land order in the Federal Register, if the sale is cancelled or completed prior after importation of certain compact such lands are otherwise available. to this date. The following reservations multipurpose tools that allegedly Lands selected by, but not conveyed to will be made in a patent issued for the infringe claims of four U.S. design the State, will be subject to the terms public land: patents. The complainant was the patent and conditions of Public Land Order 1. A reservation to the United States owner, Leatherman Tool Group, Inc. Six No. 5184, as amended, Public Land of a right-of-way for ditches or canals firms were named as respondents: Order No. 5174, as amended, and any constructed by the authority of the Suncoast of America, Inc.; Quan Da other withdrawal or segregation of United States, Act of August 30, 1990 Industries; Kumasama Products Co., record. (43 U.S.C. 945). Ltd.; Jiangsu Hongbao Group, Corp.; 3. The public lands described in For a period of 45 days from the date SCIKO Chinalight, Ltd.; and Charles paragraph 1(b) will remain withdrawn of this notice, interested parties may Amash Imports, Inc., d/b/a Grip On as part of the Lake Clark National submit comments to the Field Manager, Tools. Grip On and Suncoast were Preserve pursuant to Sections 201(7)(a) Kremmling Field Office, Bureau of Land terminated from the investigation on the and Section 206 of Alaska National Management, P.O. Box 68, Kremmling, basis of consent orders. The Interest Lands Conservation Act, 16 Colorado 80459. Any adverse comments Commission found Jiangsu, Kumasama, U.S.C. 410hh–5 (1994). This action is for will be evaluated by the State Director, Quan Da, and SCIKO to be in default in record clearing purposes only as to who may sustain, vacate, or modify this light of their failure to answer the those lands that have been conveyed out realty action. In the absence of any complaint and notice of investigation in the manner prescribed by the of Federal ownership. advance comments, this realty action Commission’s rules and their failure to will become the final determination of Dated: August 13, 1999. respond to orders directing them to the Department of Interior. John Berry, show cause why they should not be Assistant Secretary of the Interior. Dated: August 25, 1999. found in default. By granting the [FR Doc. 99–23246 Filed 9–7–99; 8:45 am] Linda M. Gross, complainant’s motions for summary BILLING CODE 4310±JA±P Field Manager. determination on various issues, the [FR Doc. 99–23248 Filed 9–7–99; 8:45 am] Commission determined that the latter 1 BILLING CODE 4310±JB±M four respondents violated section 337. DEPARTMENT OF THE INTERIOR The remaining issues for the Commission to decide were (1) the Bureau of Land Management appropriate remedy for the aforesaid International Trade Commission violations, (2) whether the statutory [CO±120±99±1640±00; COC±63206] [Investigation No. 337±TA±416] public interest factors precluded such relief, and (3) the amount of the bond Realty Action: Sale of Public Land in Certain Compact Multipurpose Tools; during the Presidential review period Grand County, Colorado Notice of Issuance of General under section 337(j).2 In making those Exclusion Order and Termination of determinations, the Commission was AGENCY: Bureau of Land Management, Investigation required to take into account the Department of Interior. presiding administrative law judge’s ACTION: Notice of realty action. AGENCY: U.S. International Trade recommended determination (RD) on Commission. permanent relief and bonding under 19 SUMMARY: The following public land in ACTION: Notice. CFR 210.42(a)(2), as well as any written Grand County, Colorado has been submissions from parties, the public, or examined and found suitable for direct SUMMARY: Notice is hereby given that, other Federal agencies.3 The sale under section 203 and 209(b) of the having found violations of section 337 Commission solicited but did not Federal Land Policy and Management of the Tariff Act of 1930 as amended (19 receive submissions from other agencies Act of 1976 (43 U.S.C. 1713 and 1719), U.S.C. 1337), the U.S. International or members of the public.4 Complainant at not less than the appraised fair Trade Commission has issued a general Leatherman and the Commission market value. The mineral interest will exclusion order under section 337(d) (19 investigative attorney each filed a be included in the sale. U.S.C. 1337(d)) and has terminated the written submission on remedy, the Affected Public Land investigation. public interest, bonding, and the RD. FOR FURTHER INFORMATION CONTACT: P.N. Sixth Principal Meridian After considering the RD and the Smithey, Office of the General Counsel, parties’ submissions, the Commission T. 4N., R. 76W., U.S. International Trade Commission, determined that a general exclusion sec. 24, lot 8 telephone 202–205–3061. General The lands described above contain 3.20 information concerning the Commission 1 See 63 FR 52287 (Sept. 30, 1998); 63 FR 70215 acres, more or less. also may be obtained by accessing its (Dec. 18, 1998); and 64 FR 35679 (July 1, 1999). FOR FURTHER INFORMATION CONTACT: The Internet server (http://www.usitc.gov). 2 See 19 CFR 210.50(a) and 19 U.S.C. 1337(d), (f), environmental assessment and other Hearing-impaired individuals can (g), and (j)(3). 3 See 19 CFR 210.42(a)(2) and 210.50(a)(4). See information concerning this sale is obtain information concerning this also 19 U.S.C. 1337(b)(2) and S. Rept. No. 1298, 93d available for review in the Kremmling matter by contacting the Commission’s Cong. 2d Sess. at 195 (1974). Field Office at 1116 Park Avenue, TDD terminal at 202–205–1810. 4 Id. and 64 FR 35679 (July 1, 1999).

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April 8, 1999 that it would conduct an O’Laughlin, Public Affairs Officer (202– The Commission accordingly has expedited review (64 FR 19197, April 205–1819). Hearing impaired terminated the investigation and issued 19, 1999). individuals are advised that information a general exclusion order prohibiting The Commission transmitted its on this matter can be obtained by the entry of imported tools covered by determination in this investigation to contacting the TDD terminal on (202– one or more of the following design the Secretary of Commerce on 205–1810). September 1, 1999. The views of the patents: U.S. Letters Patent Des. Background 385,168, entitled ‘‘Scissors,’’ issued on Commission are contained in USITC October 21, 1997; U.S. Letters Patent Publication 3226 (August 1999), entitled The initial notice of institution of this Des. 385,169, entitled ‘‘Folding Petroleum Wax Candles from China: investigation was published in the Scissors,’’ issued on October 21, 1997; Investigation No. 731–TA–282 (Review). Federal Register of September 8, 1993 U.S. Letters Patent Des. 385,170, Issued: September 1, 1999. (58 FR 47287). The Commission expanded the scope of this investigation entitled ‘‘Folding Scissors,’’ issued on By order of the Commission. to cover service trade in a separate October 21, 1997; and U.S. Letters Donna R. Koehnke, report, which it announced in a notice Patent Des. 380,362, entitled ‘‘Scissors,’’ Secretary. published in the Federal Register of issued on July 1, 1997. [FR Doc. 99–23315 Filed 9–7–99; 8:45 am] December 28, 1994 (59 FR 66974). The Nonconfidential copies of the BILLING CODE 7020±02±P merchandise trade report has been Commission’s Order and its Opinion on published in the current series under Remedy, the Public Interest, and investigation No. 332–345 annually Bonding, all other documents cited in INTERNATIONAL TRADE since September 1993. this notice, and all other COMMISSION As in past years, each report will nonconfidential documents filed in the Investigation No. 332±345 summarize and provide analyses of the investigation are or will be made major trade developments that occurred available for public inspection during Shifts in U.S. Merchandise Trade in in the preceding year, and is expected official business hours (8:45 a.m. to 5:15 1999 to be published in July of each year. The p.m.) in the Commission’s Office of the reports will also provide summary trade Secretary, Dockets Branch, 500 E Street, AGENCY: United States International information and basic statistical profiles SW., Room 112, Washington, DC 20436, Trade Commission. of about 300 industry/commodity telephone 202–205–1802. ACTION: Opportunity to submit written groups. statements in connection with the 1999 Issued: August 30, 1999. Written Submissions By order of the Commission. report. No public hearing is planned. Donna R. Koehnke, EFFECTIVE DATE: July 29, 1999. However, interested persons are invited Secretary. SUMMARY: The Commission has to submit written comments or [FR Doc. 99–23316 Filed 9–7–99; 8:45 am] prepared and published annual reports suggestions concerning the July 2000 BILLING CODE 7020±02±P on U.S. trade shifts in selected report. Commercial or financial industries/commodity areas under information which a submitter desires investigation No. 332–345 since 1993. the Commission to treat as confidential INTERNATIONAL TRADE The Commission plans to publish the must be provided on separate sheets of COMMISSION next report in July 2000, which will paper, each clearly marked [Investigation No. 731±TA±282 cover shifts in U.S. trade in 1999 ‘‘Confidential Business Information’’ at (Review)] compared with trade in 1998. The report the top. All submissions requesting structure and content is anticipated to confidential treatment must conform Petroleum Wax Candles From China be similar to the report issued in August with the requirements of section 201.6 1999. Comments and suggestions of the Commission’s Rules of Practice Determination regarding the July 2000 report are and Procedure (19 CFR 201.6). All On the basis of the record 1 developed welcome in written submissions as written submissions, except for in the subject five-year review, the specified below. The latest version of confidential business information, will United States International Trade the report covering 1998 data (USITC be made available in the Office of the Commission determines, pursuant to Publication 3220, August 1999) may be Secretary of the Commission for section 751(c) of the Tariff Act of 1930 obtained from the USITC’s Internet inspection by interested persons. To be (19 U.S.C. 1675(c)) (the Act), that server (http://www.usitc.gov). A printed assured of consideration by the revocation of the antidumping duty report may be requested by contacting Commission, written statements relating order on petroleum wax candles from the Office of the Secretary at 202–205– to the Commission’s report should be China would be likely to lead to 2000 or by fax at 202–205–2104. submitted to the Commission in continuation or recurrence of material FOR FURTHER INFORMATION CONTACT: accordance with section 201.8 at the injury to an industry in the United Questions about the trade shifts report earliest practical date and should be may be directed to the project leader, received no later than the close of 1 The record is defined in sec. 207.2(f) of the Karl Tsuji, Office of Industries (202– business on December 30, 1999. All Commission’s Rules of Practice and Procedure (19 submissions should be addressed to the CFR 207.2(f)). 2 Commissioners Crawford and Askey dissenting. Secretary, United States International

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Trade Commission, 500 E Street, SW, function of the agency, including Dated: September 1, 1999. Washington, DC 20436. The whether the information will have Brenda E. Dyer, Commission’s rules do not authorize practical utility; Department Deputy Clearance Officer, United filing of submissions with the Secretary (2) Evaluate the accuracy of the States Department of Justice. by facsimile or electronic means. agency’s estimate of the burden of the [FR Doc. 99–23285 Filed 9–7–99; 8:45 am] Issued August 31, 1999. proposed collection of information, BILLING CODE 4410±18±M By order of the Commission. including the validity of the Donna R. Koehnke, methodology and assumptions used; Secretary. (3) Enhance the quality, utility, and clarity of the information to be MEDICARE PAYMENT ADVISORY [FR Doc. 99–23317 Filed 9–7–99; 8:45 am] COMMISSION BILLING CODE 7020±02±P collected; and (4) Minimize the burden of the Commission Meeting collection of information on those who DEPARTMENT OF JUSTICE are to respond, including through the AGENCY: Medicare Payment Advisory use of appropriate automated, Commission. Office of Justice Programs electronic, mechanical, or other ACTION: Notice of Meeting. technological collection techniques or Agency Information Collection other forms of information technology, SUMMARY: The Commission will hold its Activities: Proposed Collection; e.g., permitting electronic submission of next public meeting on Thursday, Comment Request responses. September 16, 1999 and Friday, AGENCY: Office of Justice Programs, Overview of this information: September 17, 1999 at the Embassy Suites Hotel, 1250 22nd Street, NW, Justice. (1) Type of information collection: Washington, DC. The meeting is ACTION: Notice of Information Collection Reinstatement, with change, of a tentatively scheduled to begin at 11:00 Under Review; (Reinstatement, with previously approved collection for a.m. on September 16, and 9:00 a.m. on change, of a previously approved which approval has expired. collection for which approval has September 17. (2) The title of the form/collection: expired); Local Law Enforcement Block The Commission will discuss Local Law Enforcement Block Grants Grants Program. Medicare + Choice, payments to Program. teaching hospitals, payments for The Department of Justice, Office of (3) The agency form number, if any, evaluation and management services, Justice Programs, Bureau of Justice and the applicable component of the the physician fee schedule, payment Assistance, has submitted the following Department sponsoring the collection: update issues for inpatient, outpatient, information collection request for None. and post-acute care settings, ESRD review and clearance in accordance (4) Affected public who will be asked payment reform, access to care, the with emergency review procedures of or required to respond, as well as a brief expanded hospital transfer policy, and the Paperwork Reduction Act of 1995. abstract: hospital capital payments. OMB approval has been requested by Agendas, will be mailed on September 10, 1999. The proposed Primary: State, Local or Tribal Government. September 7, 1999. The final agenda information collection is published to will be available on the Commission’s obtain comments from the public and Other: None. website (www.MedPAC.gov). affected agencies. If granted, the The Local Law Enforcement Block ADDRESSES: MedPAC’s address is: 1730 emergency approval is only valid for Grants Act of 1996 authorizes the K Street, NW, Suite 800, Washington, 180 days. Comments should be directed Director of the Bureau of Justice DC 20006. The telephone number is to OMB, Office of Information Assistance to make funds available to (202) 653–7220. Regulation Affairs, Attention: local units of government in order to Department of Justice Desk Officer, reduce crime and improve public safety. FOR FURTHER INFORMATION CONTACT: Diane Ellison, Office Manager, (202) (202) 395–7860, Washington, DC 20530. (5) An estimate of the total number of 653–7220. During the first 60 days of this same respondents and the amount of time review period, a regular review of this estimated for an average respondent to SUPPLEMENTARY INFORMATION: If you are information collection is also being respond/reply: It is estimated that 3,500 not on the Commission mailing list and undertaken. All comments and respondents will apply for funding and wish to receive an agenda, please call suggestions, or questions regarding complete a one-hour on-line (202) 653–7220. additional information, to include application. Murray N. Ross, obtaining a copy of the proposed (6) An estimate of the total public Executive Director. information collection instrument with [FR Doc. 99–23378 Filed 9–7–99; 8:45 am] instructions, should be directed to burden (in hours) associated with the BILLING CODE 6820±BW±M Lluana McCann, 202–305–1772, Bureau collection: The total hours burden to of Justice Assistance, Office of Justice complete the application is 3,500. Programs, US Department of Justice, 810 If additional information is required contact: Mrs. Brenda E. Dyer, Deputy 7th Street, NW., Washington, DC 20531. NATIONAL CAPITAL PLANNING Clearance Officer, United States Written comments and suggestions COMMISSION from the public and affected agencies Department of Justice, Information concerning the proposed collection of Management and Security Staff, Justice Public Meeting on Proposed New information should address one or more Management Division, Suite 1220, Policies for Memorial in the Nation's of the following four points: National Place Building, 1331 Capital. (1) Evaluate whether the proposed Pennsylvania Avenue, NW, Washington, collection of information is necessary DC 20530, or via facsimile at (202) 514– AGENCY: National Capital Planning for the proper performance of the 1534. Commission.

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ACTION: Notice of public meetings on McMillan Plans-open spaces, long axes, and Commission’s framework plan, Extending the proposed new policies for memorials in dramatic vistas. It must be rigorously Legacy: Planning America’s Capital for the the Nation’s Capital. protected. No new memorial sites will be 21st Century. approved in this area.* The Joint Task Force on Memorials The Mall is a historic, monumental open strongly encourages the siting of Background space and a substantially completed work of commemorative works in the National The National Capital Planning public urban design. The east-west axis Capital in Area B. Monuments and Commission, the Commission of Fine extends from the U.S. Capitol to the Lincoln memorials have the power to encourage civic Arts, and the National Capital Memorial Memorial. The north-south axis stretches beauty and pride. Memorial sponsors should Commission (Joint Task Force on from the White House to the Jefferson consider appropriate sites throughout the Memorial. The L’Enfant Plan established the Memorials) will hold public hearings on Nation’s Capital and its environs, especially central greensward that was extended to the in association with federal facilities on Wednesday, September 29, 1999 in west a century later by the McMillan Plan. Special Streets and Gateways, on circles, Washington, DC at the Martin Luther This latter plan created the great cross-axis squares, and other parkland, and along the King Memorial Library, 901 G Street, that dominates the Mall Complex well waterfront where the presence of memorials NW in Room A–5 (lower level). The known to American and world visitors alike. will reinforce the L’Enfant and McMillan meeting will be held in afternoon and The area is defined primarily by monuments, Plans. evening sessions. The afternoon session memorials, and museums contained by a In some cases, commemorative works can will run from 2:00 PM to 4:30 PM and carefully designed landscape that is extended impart extra meaning to or be enhanced by by water and the monumental skyline. This museums. The Task Force encourages the the evening session will run from 6:00 vast open space enhances public and PM to 8:30 PM. The purpose of the siting of such works in Area B, which individual gatherings and recreation. The provides many appropriate areas for locating hearings is to receive public testimony Mall’s sweeping vistas and reciprocal views memorials and their associated museums in on proposed new policies for contribute greatly to the power and beauty of proximity to each other. This monuments, memorials, and museums the Nation’s Capital. commemorative and planning activity would in the Nation’s Capital. The 60-day Area A encourage tourism, educational public comment period on the proposed opportunities, and good urban design, as well Area A, immediately adjacent to the policies ends on November 8, 1999. as civic, cultural, and economic development Reserve, comprises the rest of the throughout the Washington area. The Joint Task Force, whose parent Monumental Core of the Nation’s Capital. agencies are responsible for reviewing The development of memorials in urban The importance of Area A accrues from its areas may entail unusual cost and complexity and approving the placement and proximity to the Reserve and from its own for land acquisition and infrastructure. design of commemorative works in the significance as an area of commemoration Federal assistance should be used to and historic and scenic vistas. This area also National Capital, have been meeting encourage the establishment of memorials in serves as an important recreation area under since fall 1997 to forge a consensus on Area B, in recognition of the valuable federal the jurisdiction of the National Park Service. new policies for commemorative works land otherwise contributed to memorial sites Memorials may be approved for this area in the Mall area. The three commissions in Area A. subject to restrictive criteria and design have agreed to seek public comments on guidelines that ensure that memorials will Public Comment Period a draft policy statement and map, which not intrude on the significance of the establish a protected area in the central setting.* Public testimony will be taken at the cross-axis of the Mall (the Reserve) in The Commemorative Works Act of 1986 public meetings on September 29, 1999. which no new commemorative sites recognizes the importance of protecting Individuals interested in testifying at would be approved. The proposed much of this area by limiting future the meetings should call the National policy also calls for the creation of a memorials to those of preeminent historical Capital Planning Commission at (202) zone adjacent to the Reserve where new significance. The Task Force’s current 482–7200 no later than 12:00 noon, proposal would slightly enlarge the boundary Eastern Time, the day before the public monuments, memorials, and museums, of this zone to extend this protection, meeting certain predetermined criteria, primarily to federal lands on the Virginia meeting to register in advance. Members would be permitted to locate (Area A). shore of the Potomac River. of the public who wish to testify and Finally, the proposal creates an area have not signed up in advance may sign outside Area A where new Area B up at the meeting before the start of the commemorative works would be Area B is the rest of the city of Washington session. Public testimony will be encouraged to locate (Area B) (See with emphasis on the important North, limited to five minutes each, and will Illustration 1). South, and East Capitol Street axes, as well generally be scheduled on a first-come as circles and squares on major avenues, SUMMARY: The Proposed Policy basis. waterfronts, urban gateways and scenic Written comments may be submitted Statement reads as follows: overlooks. The idea of encouraging the before, during, or after the meetings. The Reserve placement of memorials in strategic locations beyond the traditional Monumental Core is a Comments should be mailed to the The great cross-axis of the Mall forms one key premise of the National Capital Planning attention of the Joint Task Force on of the world’s premier examples of civic art, Memorials, c/o Ronald Wilson, National which itself is a monument to democracy. * Within both the Reserve and Area A, the Capital Planning Commission, 801 Here the nation commemorates its history, proposed restrictions are not applicable to Pennsylvania Avenue, NW, Suite 301, and citizens can join in celebration, commemorative works that received site approval Washington, DC 20576. Comments may congregation, contemplation, and the prior to September 8, 1999 from the Commission of exercise of their rights of free speech and Fine Arts, the National Capital Planning also be sent by e-mail to [email protected]. assembly. Commission, and the Secretary of the Interior or the All written and oral comments will The Reserve is a unique national space, an Administrator of the General Services become part of the public record. embodiment of our democratic ideals and Administration, as appropriate. These memorials Comments should be received no later achievements, and must be preserved as an are the World War II Memorial in the Reserve, and than COB, November 8, 1999, the end of indispensable, nationally significant cultural the following in Area A: the Black Revolutionary War Patriots Memorial, the George Mason the 60-day public comment period. resource. This setting has matured as the Memorial, and the U.S. Air Force Memorial. In FOR FURTHER INFORMATION CONTACT: Joint nation has matured. The cross-axis, framed addition, the Martin Luther King, Jr. Memorial has by monuments and museums, constitutes the been approved for a location within the proposed Task Force on Memorials, c/o Ronald historic urban design framework of the Area A, but a specific site has not yet been Wilson, National Capital Planning capital established by the L’Enfant and approved. Commission, at (202) 482–7242.

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SUPPLEMENTARY INFORMATION: writing the National Capital Planning NCPC’s Internet site http:// Availability of Copies and Electronic Commission, 801 Pennsylvania Avenue, www.ncpc.gov. Access. Single copies of the draft NW, Suite 301, Washington, DC 20576 Dated: September 1, 1999. memorials policy statement and map or by calling NCPC at (202) 482–7200. Lise L. Wineland, may be obtained at no cost from the The documents are also available on Attorney Advisor Joint Task Force on Memorials by BILLING CODE 7520±01±p

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[FR Doc. 99–23313 Filed 9–8–99; 8:45 am] BILLING CODE 7520±01±P

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NATIONAL TRANSPORTATION Note: Please call by Setember 13, 1999. plume exposure and ingestion pathway SAFETY BOARD Gilda Presley, emergency planning zones for nuclear Administrative Officer, power plants, and to ensure that Public Hearing National Women’s Business Council. licensees maintain effective offsite and onsite emergency plans. The National Transportation Safety [FR Doc. 99–23481 Filed 9–3–99; 3:57 pm] By letter dated April 13, 1999, ComEd Board will convene a public hearing BILLING CODE 6820±AR±M requested an exemption from certain beginning at 9 a.m., local time on provisions of 10 CFR 50.47(b) and 10 Monday, September 13, 1999, at the CFR 50.47(c)(2) on the basis that the Ambassador West, Wyndham Grand NUCLEAR REGULATORY permanently shutdown and defueled Heritage Hotel, 1300 North State COMMISSION condition of the ZNPS had substantially Parkway, Chicago, Illinois concerning [Docket Nos. 50±295 and 50±304] reduced the risk to public health and the Investigation of the Collision and safety. In addition, the licensee Derailment of Amtrak Train No. 59, the Commonwealth Edison Company; submitted a proposed Defueled Station City of New Orleans, with an East (Zion Nuclear Power Station, Units 1 Emergency Plan (DSEP) for NRC’s Bound Tractor Semi-trailer Truck at and 2); Exemption approval. The DSEP proposed to Railroad/Highway Grade Crossing, near discontinue offsite emergency planning Bourbonnais, Illinois, on March 15, I. activities and to reduce the scope of 1999. For more information, contact Commonwealth Edison Company onsite emergency planning. Thus, James S. Dunn, NTSB Office of Highway (ComEd or the licensee) is the holder of exemptions from certain provisions of Safety at (202) 314–6436 or Terry N. Facility Operating License Nos. DPR–39 10 CFR 50.47(b) and 50.47(c)(2) are Williams, NTSB Office of Public Affairs and DPR–48, which authorize the required to implement the proposed at (202) 314–6100. licensee to possess the Zion Nuclear DSEP to maintain compliance with the Dated: September 1, 1999. Power Station (ZNPS). The license regulation. Rhonda Underwood, states, among other things, that the By letter dated April 13, 1999, and Federal Register Liaison Officer. facility is subject to all the rules, supplemental letters dated July 8, July [FR Doc. 99–23232 Filed 9–7–99; 8:45 am] regulations, and orders of the US 19, and August 30, 1999, the licensee also submitted an analysis of the BILLING CODE 7533±01±M Nuclear Regulatory Commission (the Commission or NRC) now or hereafter radiological consequences of a in effect. The facility consists of two postulated event, an analysis to pressurized-water reactors located at the determine the maximum Zircaloy NATIONAL WOMEN'S BUSINESS cladding temperature in the spent fuel COUNCIL ComEd site on the west shore of Lake Michigan about 40 miles north of pool (SFP) with the fuel exposed to an Sunshine Act Notice Chicago, Illinois, in the extreme eastern air environment, and an analysis to portion of the city of Zion, Illinois (Lake determine the potential upper limit AGENCY: National Women’s Business County). The facility is permanently radiation fields at the exclusion area Council. shut down and defueled, and the boundary. ACTION: Notice of Meeting. licensee is no longer authorized to III. SUMMARY: In accordance with the operate or place fuel in the reactor. The licensee stated that special Women’s Business Ownership Act, II. circumstances exist at ZNPS because of Public Law 105–135 as amended, the the station’s permanently shutdown and Section 50.12(a) of 10 CFR, ‘‘Specific National Women’s Business Council defueled condition. The standards in 10 exemption,’’ states that.* ** (NWBC) announces a forthcoming CFR 50.47(b) and the requirements in 10 Council meeting and joint meeting of The Commission may, upon application CFR 50.47(c)(2) were developed taking the NWBC and Interagency Committee by any interested person, or upon its into consideration the risks associated on Women’s Business Enterprise. The own initiative, grant exemptions from with operation of a nuclear power meetings will cover action items worked the requirements of the regulations of reactor at its licensed full-power level. on by the National Women’s Business this part, which are: (1) Authorized by The risks include the potential for an Council and the Interagency Committee law, will not present an undue risk to accident with offsite radiological dose on Women’s Business Enterprise the public health and safety, and are consequences. There are no design basis included by not limited to procurement, consistent with the common defense accidents or other credible events for acces to capital and training. and security. (2) The Commission will ZNPS that would result in a radiological not consider granting an exemption DATES: September 23, 1999. dose beyond the exclusion area unless special circumstances are ADDRESSES: Council Meeting & Joint boundary that would exceed the present. Meeting. The White House/Old Environmental Protection Agency’s Executive Office Building/(17th & Penn. Section 50.12(a)(2)(ii) of 10 CFR states (EPA) Protective Action Guidelines Entrance), Washington, DC. Council that special circumstances are present (PAGs). Therefore, the application of all Meeting, S–476, 9 a.m. to 10 a.m., Joint when ‘‘Application of the regulation in of the standards in 10 CFR 50.47(b) and Meeting, Indian Treaty Room, 10 a.m. to the particular circumstances would not the requirements of 10 CFR 50.47(c)(2) 12 p.m. serve the underlying purpose of the rule are not necessary to achieve the or is not necessary to achieve the underlying purpose of those rules. Note: No admittance without prior official underlying purpose of the rule.* * *’’ The licensee analyzed the heatup clearance. Please have a photo ID. The underlying purpose of sections characteristics of the spent fuel from a STATUS: Open to the public. 50.47(b) and 50.47(c)(2) is to ensure that beyond design basis event that results in CONTACT: National Women’s Business there is reasonable assurance that the complete loss of spent fuel pool Council, 409 Third Street, SW., 8th adequate protective measures can and (SFP) water, when cooling depends on Floor, Washington, DC 20024, (202) will be taken in the event of a the natural circulation of air through the 205–3850. radiological emergency, to establish spent fuel racks. The licensee presented

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.029 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48857 the results of an analysis showing that consequences limits the highest July 28, 1997, proposed the installation as of June 30, 1999, decay heat could attainable emergency class to the alert of spent fuel racks in the cask pit area not heat the spent fuel cladding above level. In addition, because of the of the spent fuel pool for an additional 482 °C in the event all water was reduced consequences of radiological 225 storage spaces and the use of an drained from the SFP. The staff events still possible at the site, the scope impact shield over the fuel in the cask reviewed the licensee’s analysis and of the onsite emergency preparedness pit when heavy loads are moved near or found the licensee’s value for peak fuel organization may be reduced. Thus, the across the cask pit area. cladding temperature acceptable. On the underlying purpose of the regulations The Commission had previously basis of a staff determination that fuel will not be adversely affected by issued a Notice of Consideration of cladding will remain intact at this eliminating offsite emergency planning Issuance of Amendment published in temperature, the staff concluded that a activities or reducing the scope of onsite the Federal Register on April 2, 1997 complete loss of water from the ZNPS emergency planning. Accordingly, the (62 FR 15733). However, by letter dated SFP would not result in a release off site Commission has determined that special July 22, 1999, the licensee withdrew that exceeds the early-phase EPA PAGs. circumstances as defined in 10 CFR that portion of the proposed amendment Although a significant release of 50.12(a)(2)(ii) exist. related to storage in the cask pit. radioactive material from the spent fuel For further details with respect to this is no longer possible in the absence of IV. action, see the application for water cooling, a potential exists for The Commission has determined that, amendment dated October 23, 1996, radiation exposure to an offsite pursuant to 10 CFR 50.12, the Amendment to Facility Operating individual in the event that shielding of exemption is authorized by law, will not License Number 6 issued on July 28, the fuel is lost (a beyond-design-basis present an undue risk to the public 1997, and the licensee’s letter dated July event). Water and the concrete pool health and safety and is consistent with 22, 1999. The above documents are structure serve as radiation shielding on the common defense and security, and available for public inspection at the the sides of the pool. However, water is otherwise in the public interest. Commission’s Public Document room, alone provides most of the shielding Therefore, the Commission hereby the Gelman Building, 2120 L Street, above the spent fuel. A loss of shielding grants Commonwealth Edison Company NW., Washington, DC and at the local above the fuel could increase the an exemption from certain requirements public document room located at the radiation levels off site because of the of 10 CFR 50.47(b) and 10 CFR Chattanooga-Hamilton County Library, gamma rays streaming up out of the 50.47(c)(2). 1001 Broad Street, Chattanooga, TN pool being scattered back to a receptor Pursuant to 10 CFR 51.32, the 37402. at the site boundary. The licensee Commission has determined that Dated at Rockville, Maryland, this 1st day calculated the offsite radiological granting of this exemption will have no of September 1999. impact of a postulated complete loss of significant impact on the environment For the Nuclear Regulatory Commission. SFP water and determined that the (64 FR 45981). gamma radiation dose rate at the This exemption is effective upon Robert E. Martin, exclusion area boundary would be issuance. Senior Project Manager, Section 2, Project Directorate II, Division of Licensing Project 0.00294 rad per hour at an outside air Dated at Rockville, Maryland, this 31st day temperature of 21 °C. At this rate, it Management, Office of Nuclear Reactor of August 1999. Regulation. would take 14 days for the event to For the Nuclear Regulatory Commission. [FR Doc. 99–23299 Filed 9–7–99; 8:45 am] exceed the EPA early-phase PAG of 1 John A. Zwolinski, rem. The EPA early-phase PAG is BILLING CODE 7590±01±P Director, Division of Licensing Project defined as the period beginning at the Management, Office of Nuclear Reactor projected or actual initiation of a release Regulation. NUCLEAR REGULATORY and extending a few days later. The [FR Doc. 99–23297 Filed 9–7–99; 8:45 am] COMMISSION PAGs were developed to respond to a BILLING CODE 7590±01±P mobile airborne plume that could Postponement of Public Workshop To transport and deposit radioactive Develop a Standard Review Plan for material over a large area. In contrast, NUCLEAR REGULATORY Decommissioning the radiation field formed by scatter COMMISSION from a drained SFP would be stationary AGENCY: Nuclear Regulatory rather than moving and would not cause Tennessee Valley Authority Commission. transport or deposition of radioactive ACTION: Postponement of public [Docket No. 50±390] materials. The 14 days available for workshop. action allow sufficient time to develop Notice of Partial Withdrawal of and implement mitigative actions and SUMMARY: This notice announces the Application for Amendment to Facility postponement of one of the public provide confidence that additional Operating License offsite measures could be taken without workshops the Nuclear Regulatory planning if efforts to reestablish The Nuclear Regulatory Commission Commission (NRC) is sponsoring to shielding over the fuel are delayed. (the Commission) has granted a request solicit input from stakeholders during The standards and requirements that by the Tennessee Valley Authority (the the development of a Standard Review remain in effect are listed in Attachment Licensee) to withdraw the remainder of Plan (SRP) and other guidance for 1 to the licensee’s letter of April 13, its October 23, 1996, application for decommissioning nuclear facilities. 1999, and Attachment 2 to the licensee’s proposed amendment to Facility SUPPLEMENTARY INFORMATION: On letter of July 8, 1999. On the basis of this Operating License No. NPF–90 for the October 21, 1998, NRC announced that review, the staff finds that the Watts Bar Nuclear Plant, located in Rhea it was sponsoring a series of public radiological consequences of accidents County, Tennessee. workshops to support the staff’s possible at ZNPS are substantially lower The remaining portion of the development of an SRP and other than those at an operating plant. The application that was not approved by guidance for the decommissioning of upper bound of offsite dose license amendment number 6, issued on nuclear facilities. On November 18,

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1998, NRC published the schedule for Week of September NUCLEAR REGULATORY these workshops and indicated that a There are no meetings scheduled for COMMISSION workshop would be held on October the Week of September 13. 20–21, 1999, at NRC Headquarters at Biweekly Notice; Applications and Two White Flint North, 11545 Rockville Week of September 20—Tentative Amendments to Facility Operating Licenses Involving No Significant Pike, Rockville, MD. At the conclusion Tuesday, September 21 of the August workshop, the Hazards Considerations 9:25 a.m.—Affirmation Session (Public participants agreed to postpone the I. Background October workshop until February 2000. Meeting), (if needed). 9:30 a.m.—Briefing by DOE on Draft The rescheduling will allow more time Pursuant to Public Law 97–415, the Environmental Impact Statement for public review of the SRP prior to the U.S. Nuclear Regulatory Commission (DEIS) for a Proposed HLW final workshop. The workshop will be (the Commission or NRC staff) is Geologic Repository (Public held at NRC Headquarters at Two White publishing this regular biweekly notice. Meeting). Flint North, 11545 Rockville Pike, Public Law 97–415 revised section 189 Rockville, MD. NRC staff will announce Wednesday, September 22 of the Atomic Energy Act of 1954, as amended (the Act), to require the the date for this workshop in a future 9:00 a.m.—Meeting on Center for Federal Register. Commission to publish notice of any Strategic and International Studies amendments issued, or proposed to be FOR FURTHER INFORMATION CONTACT: Report, ‘‘The Regulatory Process for issued, under a new provision of section Dominick A. Orlando, Decommissioning Nuclear Power Reactors—a Review’’ 189 of the Act. This provision grants the Branch, Division of Waste Management, (Public Meeting). Commission the authority to issue and Office of Nuclear Material Safety and Week of September 27—Tentative make immediately effective any Safeguards, at (301) 415–6749. amendment to an operating license There are no meetings scheduled for Dated at Rockville, Maryland, this 30th day upon a determination by the the Week of September 27. of August 1999. Commission that such amendment For the US Nuclear Regulatory And involves no significant hazards Commission. Week of October 18—Tentative consideration, notwithstanding the Larry W. Camper, pendency before the Commission of a Thursday, October 21 Chief, Decommissioning Branch, Division of request for a hearing from any person. Waste Management, Office of Nuclear 9:30 a.m.—Briefing on Part 35—Rule on This biweekly notice includes all Material Safety and Safeguards. Medical Use of Byproduct Material notices of amendments issued, or [FR Doc. 99–23298 Filed 9–7–99; 8:45 am] (Contact: Cathy Haney, 301–415– proposed to be issued from August 14, BILLING CODE 7590±01±P 6825) (SECY–99–201, Draft Final 1999, through August 27, 1999. The last Rule—10 CFR Part 35, Medical Use biweekly notice was published on of Byproduct Material, is available August 25, 1999 (64 FR 46424). NUCLEAR REGULATORY in the NRC Public Document Room Notice of Consideration of Issuance of COMMISSION or on NRC web site at Amendments to Facility Operating ‘‘www.nrc.gov/NRC/ Licenses, Proposed No Significant Sunshine Act Meeting COMMISSION/SECYS/index.html’’. Hazards Consideration Determination, Download the zipped version to AGENCY HOLDING THE MEETING: Nuclear and Opportunity for a Hearing obtain all attachments.) Regulatory Commission. The Commission has made a DATES: Weeks of September 6, 13, 20, 27 *The schedule for Commission meetings is subject to change on short notice. To verify proposed determination that the and October 18, 1999. the status of meetings call (recording)—(301) following amendment requests involve PLACE: Commissioners’ Conference 415–1292. Contact person for more no significant hazards consideration. Room, 11555 Rockville Pike, Rockville, information: Bill Hill (301) 415–1661. Under the Commission’s regulations in Maryland. The NRC Commission Meeting 10 CFR 50.92, this means that operation STATUS: Public and Closed. Schedule can be found on the Internet of the facility in accordance with the MATTERS TO BE CONSIDERED: at: http://www.nrc.gov/SECY/smj/ proposed amendment would not (1) schedule.htm. involve a significant increase in the Week of September 6 This notice is distributed by mail to probability or consequences of an Tuesday, September 7 several hundred subscribers; if you no accident previously evaluated; or (2) longer wish to receive it, or would like create the possibility of a new or 9:15 a.m.—Briefing on PRA to be added to it, please contact the different kind of accident from any Implementation Plan (Public Office of the Secretary, Attn: Operations accident previously evaluated; or (3) Meeting) (Contact: Tom King, 301– Branch, Washington, D.C. 20555 (301– involve a significant reduction in a 415–5790). 415–1661). In addition, distribution of margin of safety. The basis for this Friday, September 10 this meeting notice over the Internet proposed determination for each system is available. If you are interested amendment request is shown below. 11:30 a.m.—Affirmation Session (Public in receiving this Commission meeting The Commission is seeking public Meeting) schedule electronically, please send an comments on this proposed a. Final Rule: ‘‘Respiratory Protection electronic message to [email protected] or determination. Any comments received and Controls to Restrict Internal [email protected]. within 30 days after the date of Exposures, 10 CFR Part 20’’ publication of this notice will be b. Yankee Atomic Electric Company Dated: September 3, 1999. considered in making any final (Yankee Nuclear Power Station), William M. Hill, Jr., determination. Docket No. 50–029–LA, Yankee Secy, Tracking Officer, Office of the Secretary. Normally, the Commission will not Atomic’s Motion for Leave to [FR Doc. 99–23425 Filed 9–3–99; 2:36 pm] issue the amendment until the Withdraw Appeal of LBP–99–14 BILLING CODE 7590±01±M expiration of the 30-day notice period.

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However, should circumstances change petition; and the Secretary or the Those permitted to intervene become during the notice period such that designated Atomic Safety and Licensing parties to the proceeding, subject to any failure to act in a timely way would Board will issue a notice of a hearing or limitations in the order granting leave to result, for example, in derating or an appropriate order. intervene, and have the opportunity to shutdown of the facility, the As required by 10 CFR 2.714, a participate fully in the conduct of the Commission may issue the license petition for leave to intervene shall set hearing, including the opportunity to amendment before the expiration of the forth with particularity the interest of present evidence and cross-examine 30-day notice period, provided that its the petitioner in the proceeding, and witnesses. final determination is that the how that interest may be affected by the If a hearing is requested, the amendment involves no significant results of the proceeding. The petition Commission will make a final hazards consideration. The final should specifically explain the reasons determination on the issue of no determination will consider all public why intervention should be permitted significant hazards consideration. The and State comments received before with particular reference to the final determination will serve to decide action is taken. Should the Commission following factors: (1) the nature of the when the hearing is held. take this action, it will publish in the petitioner’s right under the Act to be If the final determination is that the Federal Register a notice of issuance made a party to the proceeding; (2) the amendment request involves no and provide for opportunity for a nature and extent of the petitioner’s significant hazards consideration, the hearing after issuance. The Commission property, financial, or other interest in Commission may issue the amendment expects that the need to take this action the proceeding; and (3) the possible and make it immediately effective, will occur very infrequently. effect of any order which may be notwithstanding the request for a Written comments may be submitted entered in the proceeding on the hearing. Any hearing held would take by mail to the Chief, Rules and petitioner’s interest. The petition should place after issuance of the amendment. Directives Branch, Division of also identify the specific aspect(s) of the If the final determination is that the Administration Services, Office of subject matter of the proceeding as to amendment request involves a Administration, U.S. Nuclear Regulatory which petitioner wishes to intervene. significant hazards consideration, any Commission, Washington, DC 20555– Any person who has filed a petition for hearing held would take place before 0001, and should cite the publication leave to intervene or who has been the issuance of any amendment. date and page number of this Federal admitted as a party may amend the A request for a hearing or a petition Register notice. Written comments may petition without requesting leave of the for leave to intervene must be filed with also be delivered to Room 6D22, Two Board up to 15 days prior to the first the Secretary of the Commission, U.S. White Flint North, 11545 Rockville prehearing conference scheduled in the Nuclear Regulatory Commission, Pike, Rockville, Maryland from 7:30 proceeding, but such an amended Washington, DC 20555–0001, Attention: a.m. to 4:15 p.m. Federal workdays. petition must satisfy the specificity Rulemakings and Adjudications Staff, or Copies of written comments received requirements described above. may be delivered to the Commission’s may be examined at the NRC Public Not later than 15 days prior to the first Public Document Room, the Gelman Document Room, the Gelman Building, prehearing conference scheduled in the Building, 2120 L Street, NW., 2120 L Street, NW., Washington, DC. proceeding, a petitioner shall file a Washington DC, by the above date. A The filing of requests for a hearing and supplement to the petition to intervene copy of the petition should also be sent petitions for leave to intervene is which must include a list of the to the Office of the General Counsel, discussed below. contentions which are sought to be U.S. Nuclear Regulatory Commission, By October 8, 1999, the licensee may litigated in the matter. Each contention Washington, DC 20555-0001, and to the file a request for a hearing with respect must consist of a specific statement of attorney for the licensee. to issuance of the amendment to the the issue of law or fact to be raised or Nontimely filings of petitions for subject facility operating license and controverted. In addition, the petitioner leave to intervene, amended petitions, any person whose interest may be shall provide a brief explanation of the supplemental petitions and/or requests affected by this proceeding and who bases of the contention and a concise for a hearing will not be entertained wishes to participate as a party in the statement of the alleged facts or expert absent a determination by the proceeding must file a written request opinion which support the contention Commission, the presiding officer or the for a hearing and a petition for leave to and on which the petitioner intends to Atomic Safety and Licensing Board that intervene. Requests for a hearing and a rely in proving the contention at the the petition and/or request should be petition for leave to intervene shall be hearing. The petitioner must also granted based upon a balancing of filed in accordance with the provide references to those specific factors specified in 10 CFR 2.714(a)(1) Commission’s ‘‘Rules of Practice for sources and documents of which the (i)–(v) and 2.714(d). Domestic Licensing Proceedings’’ in 10 petitioner is aware and on which the For further details with respect to this CFR Part 2. Interested persons should petitioner intends to rely to establish action, see the application for consult a current copy of 10 CFR 2.714 those facts or expert opinion. Petitioner amendment which is available for which is available at the Commission’s must provide sufficient information to public inspection at the Commission’s Public Document Room, the Gelman show that a genuine dispute exists with Public Document Room, the Gelman Building, 2120 L Street, NW., the applicant on a material issue of law Building, 2120 L Street, NW., Washington, DC and at the local public or fact. Contentions shall be limited to Washington, DC, and at the local public document room for the particular matters within the scope of the document room for the particular facility involved. If a request for a amendment under consideration. The facility involved. hearing or petition for leave to intervene contention must be one which, if is filed by the above date, the proven, would entitle the petitioner to Commonwealth Edison Company, Commission or an Atomic Safety and relief. A petitioner who fails to file such Docket Nos. 50–237 and 50–249, Licensing Board, designated by the a supplement which satisfies these Dresden Nuclear Power Station, Units 2 Commission or by the Chairman of the requirements with respect to at least one and 3, Grundy County, Illinois Atomic Safety and Licensing Board contention will not be permitted to Date of amendment request: August 3, Panel, will rule on the request and/or participate as a party. 1999.

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Description of amendment request: creation of one or more new precursors of applicable design criteria are met. Therefore, The proposed amendments would that accident. New accident precursors may since the burnup extension is acceptable and revise Technical Specification (TS) be created by modifications to the plant within the design criteria, using the approved 2.1.B to increase the minimum critical configuration, including changes in burnup extension will not affect the margin allowable modes of operation. This Technical of safety. power ratio for higher cycle exposures Specification submittal does not involve any for Unit 2. The proposed amendments modifications to the plant configuration or The NRC staff has reviewed the would also revise TS 6.9.A.6.b for Units allowable modes of operation. No new licensee’s analysis and, based on this 2 and 3 to add an NRC-approved topical precursors of an accident are created and no review, it appears that the three report to the list of analytical new or different kinds of accidents are standards of 10 CFR 50.92(c) are methodologies that are used to created. Therefore, the proposed changes do satisfied. Therefore, the NRC staff determine operating limits. not create the possibility of a new or different proposes to determine that the Basis for proposed no significant kind of accident from any accident requested amendments involve no hazards consideration determination: previously evaluated. significant hazards consideration. Changing the MCPR SL does not create the As required by 10 CFR 50.91(a), the possibility of a new accident from any Local Public Document Room licensee has provided its analysis of the accident previously evaluated. This change location: Morris Area Public Library issue of no significant hazards does not alter or add any new equipment or District, 604 Liberty Street, Morris, consideration, which is presented change modes of operation. The MCPR SL is Illinois 60450. below: established to ensure that 99.9% of the rods Attorney for licensee: Ms. Pamela B. avoid boiling transition. Stroebel, Senior Vice President and 1. Involve a significant increase in the The MCPR SL is changing for Dresden probability or consequences of an accident General Counsel, Commonwealth Nuclear Power Station Unit 2 to support previously evaluated. Edison Company, P.O. Box 767, Cycle 17 operation. This change does not The probability of an evaluated accident is Chicago, Illinois 60690–0767. introduce any physical changes to the plant, derived from the probabilities of the the processes used to operate the plant, or NRC Section Chief: Anthony J. individual precursors to that accident. The allowable modes of operation. Therefore, no Mendiola. consequences of an evaluated accident are new accidents are created that are different determined by the operability of plant Commonwealth Edison Company, from any accident previously evaluated. systems designed to mitigate those Docket Nos. 50–373 and 50–374, LaSalle The addition of RODEX2A (EMF–85–74, consequences. Limits have been established Revision 0, Supplements 1 and 2 (P)(A)) to County Station, Units 1 and 2, LaSalle consistent with NRC-approved methods to County, Illinois ensure that fuel performance during normal, Section 6 does not create the possibility of a transient, and accident conditions is new accident from an accident previously Date of amendment request: August acceptable. These changes do not affect the evaluated. This change does not alter or add 13, 1999, as supplemented on August operability of plant systems, nor do they any new equipment or change modes of 27, 1999. operation. This change does not introduce compromise any fuel performance limits. Description of amendment request: Changing the Minimum Critical Power any physical changes to the plant, the processes used to operate the plant, or The proposed amendments would Ratio (MCPR) Safety Limit (SL) at Dresden revise Technical Specification Section Nuclear Power Station Unit 2 will not allowable modes of operation. Therefore, no increase the probability or the consequences new accidents are created that are different 1.0, ‘‘Definitions,’’ Item 1.7, ‘‘Core of an accident previously evaluated. This from any accident previously evaluated. Alteration,’’ to specify that movement of change implements the MCPR SL resulting 3. Involve a significant reduction in the instrumentation and control rod from the Siemens Power Corporation (SPC) margin of safety for the following reasons: movements are not considered core ANFB critical power correlation Changing the MCPR SL for Dresden alterations if there are no fuel methodology using the approved ATRIUM– Nuclear Power Station Unit 2 will not assemblies in the associated cell. The 9B additive constant uncertainty. For each involve any reduction in margin of safety. The MCPR SL provides a margin of safety by licensee also proposed corresponding cycle, specific MCPR SL calculations will be changes to TS Sections 3/4.1, 3/4.3, and performed, consistent with SPC’s approved ensuring that less than 0.1% of the rods are methodology, to confirm the appropriateness calculated to be in boiling transition. The 3/4.9 to reflect the change in definition. of the MCPR SL. Additionally, operational proposed Technical Specification Basis for proposed no significant MCPR limits will be applied that will ensure amendment request reflects the MCPR SL hazards consideration determination: the MCPR SL is not violated during all modes results from evaluations by SPC using NRC- As required by 10 CFR 50.91(a), the of operation and anticipated operational approved methodology. licensee has provided its analysis of the occurrences. The MCPR SL ensures that less Because the methodology used to issue of no significant hazards than 0.1% of the rods in the core are determine the MCPR SL is conservative and consideration, which is presented has received NRC approval, a decrease in the expected to experience boiling transition. below: Therefore, the probability or consequences of margin to safety will not occur due to an accident will not increase. changing the MCPR SL. The revised MCPR 1. Do the proposed changes involve a Adding EMF–85–74, Revision 0, SL will ensure the appropriate level of fuel significant increase in the probability or Supplements 1 and 2 (P)(A) to Section 6 for protection. Additionally, operational limits consequences of an accident previously Dresden Nuclear Power Station Units 2 and will be established based on the proposed evaluated? 3, does not increase the probability or MCPR SL to ensure that the MCPR SL is not The proposed changes incorporate a consequences of an accident previously violated during all applicable modes of definition contained in NUREG–1433, evaluated. The NRC-approved burnup operation including anticipated operation Revision 1, ‘‘Standard Technical extension for RODEX2A applications has occurrences. This will ensure that the fuel Specifications, General Electric Plants, BWR/ been demonstrated to meet all applicable design safety criterion of more than 99.9% of 4.’’ There are no modifications to plant design criteria. Therefore, adding this the fuel rods avoiding transition boiling equipment or systems and there is no direct methodology to Technical Specification during normal operation as well as during an effect on plant operation. The proposed Section 6 does not increase to the probability anticipated operational occurrence is met. changes do not affect any accident initiators or consequences of an accident previously The addition of EMF–85–74, Revision 0, or precursors and do not change or alter the evaluated. Supplements 1 and 2 (P)(A) to Section 6 does design assumptions for systems or 2. Create the possibility of a new or not decrease the margin of safety. The components used to mitigate the different kind of accident from any accident burnup limit extension for RODEX2A consequences of an accident. The proposed previously evaluated: applications has been reviewed and changes do not affect the design or operation Creation of the possibility of a new or approved by the NRC. The data supporting of any system, structure, or component in the different kind of accident would require the the burnup extension demonstrates that all plant. The proposed changes do not impact

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48861 the requirements for refueling evolutions Attorney for licensee: Ms. Pamela B. The longer AOTs for the master relays, associated with shutdown margin, core Stroebel, Senior Vice President and logic cabinets, and analog channels will monitoring, and reactor protection system General Counsel, Commonwealth promote improved maintenance practices operability. There are no changes to Edison Company, P.O. Box 767, that will provide improved component parameters governing plant operation, and no performance, improved availability of the new or different types of equipment will be Chicago, Illinois 60690–0767. protection system, and a reduced number of installed. These changes do not impact any NRC Section Chief: Anthony J. spurious reactor trips and spurious actuation accident previously evaluated in the Updated Mendiola. of safety equipment. Final Safety Analysis Report (UFSAR). Consolidated Edison Company of New The longer AOTs and bypass times for the analog channels will provide additional time Therefore, no increases in the probability of York, Docket No. 50–247, Indian Point an accident or consequences will result due before being required to place the channel in to this change. Nuclear Generating Unit No. 2, trip. With the channel in trip, the logic 2. Do the proposed changes create the Westchester County, New York required to cause a reactor trip or a safety possibility of a new or different kind of Date of amendment request: May 5, system actuation is reduced to 1 of 2 (for 2 accident from any accident previously 1999. of 3 logic) and to 1 of 3 (for 2 of 4 logic). With evaluated? Description of amendment request: the reduced logic requirement, the potential The proposed changes do not affect the for a spurious actuation is increased. Leaving The proposed amendment would permit the channel in the bypass state for additional design or operation of any plant system, a one-time extension of the allowed structure, or component. There are no time does reduce the availability of signals to changes to parameters governing plant outage time (AOT) for the reactor initiate component actuation for event operation, and no new or different type of protection and engineered safety feature mitigation when required, but as shown in equipment will be installed. There is no actuation instrumentation. this analysis, the impact on plant safety is change in any method by which a safety Basis for proposed no significant small due to the availability of other signals related system performs its function. No new hazards consideration determination: or operator action to trip the reactor or cause equipment is being introduced, and installed As required by 10 CFR 50.91(a), the component actuation. equipment is not being operated in a new or licensee has provided its analysis of the The longer allowed outage times will provide plant operators additional flexibility different manner. There are no setpoints issue of no significant hazards affected by this proposed action. This in operating the plant. There will be consideration, which is presented additional time available before an action proposed action will not alter the manner in below: which equipment operation is initiated, nor needs to be taken to shut down the plant or will the function demands on credited 1. The proposed change does not involve place a channel in the tripped state. This equipment be changed. As such, no new a significant increase in the probability or additional flexibility will facilitate failure modes are being introduced. There are consequences of an accident previously prioritizing component repairs. no changes to assumptions in accident evaluated. The NRC staff has reviewed the analysis. Therefore, the proposed changes do The reactor protection and engineered licensee’s analysis and, based on this not create the possibility of a new or different safety features functions are not initiators of review, it appears that the three any design basis accident or event and kind of accident from any accident standards of 50.92(c) are satisfied. previously evaluated. therefore do not increase the probability of 3. Do the proposed changes involve a any accident previously evaluated. The Therefore, the NRC staff proposes to significant reduction in a margin of safety? proposed changes to the AOTs, bypass times, determine that the amendment request The proposed changes are consistent with and allowing on-line testing and involves no significant hazards NUREG–1433, Revision 1, ‘‘Standard maintenance have an insignificant impact on consideration. Technical Specifications, General Electric plant safety based on the calculated CDF Local Public Document Room Plants, BWR/4.’’ The proposed changes do [core damage frequency] increase being less location: White Plains Public Library, not adversely affect existing plant safety than LOE–06. Therefore, the proposed 100 Martine Avenue, White Plains, New margins or the reliability of the equipment changes do not result in a significant increase York 10610. Biweekly Notice assumed to operate in the safety analysis. in the consequences of an accident previously evaluated. Coordinator Attorney for licensee: Brent The initial conditions and methodologies L. Brandenburg, Esq., 4 Irving Place, used in the accident analyses remain 2. The proposed change does not create the unchanged. Therefore, accident analyses possibility of a new or different kind of New York, New York 10003. results are not impacted. There are no accident from any accident previously NRC Section Chief: S. Singh Bajwa. resulting effects on plant safety parameters or evaluated. Duke Energy Corporation, et al., Docket setpoints. The proposal does not involve a The proposed changes do not result in a change in the manner in which the RPS Nos. 50–413 and 50–414, Catawba significant relaxation of the criteria used to Nuclear Station, Units 1 and 2, York establish safety limits, a significant relaxation [reactor protection system] and ESFAS of the bases for the limiting safety system [engineered safety features actuation system] County, South Carolina settings, or a significant relaxation of the provide plant protection. No change is being Date of amendment request: August 4, bases for the limiting conditions for made which alters the functioning of the RPS 1999. operations. Therefore, these proposed and ESFAS. Rather, the likelihood or Description of amendment request: probability of the RPS or ESF functioning changes do not cause a reduction in the The amendments would revise the joint margin of safety. properly is affected as described above. Therefore, the proposed changes do not Technical Specifications as follows: The NRC staff has reviewed the create the possibility of a new or different (1) A current action in Section 3.2.2 licensee’s analysis and, based on this kind of accident nor involve a reduction in requires that when one Nuclear Service review, it appears that the three the margin of safety as defined in the Safety Water System (NSWS) suction transfer standards of 10 CFR 50.92(c) are Analysis Report. low pit level channel is inoperable, the satisfied. Therefore, the NRC staff 3. The proposed change does not involve channel be placed in its trip position. proposes to determine that the a significant reduction in a margin of safety. The licensee proposed an additional requested amendments involve no The proposed changes do not alter the alternative such that the NSWS suction significant hazards consideration. manner in which safety limits, limiting safety can simply be aligned from Lake Wylie system setpoints or limiting conditions for Local Public Document Room operations are determined. The impact of to the Standby Nuclear Service Water location: Jacobs Memorial Library, 815 increased AOTs, testing times, and allowing Pond (SNSWP). Suction from Lake North Orlando Smith Avenue, Illinois on-line testing and maintenance are expected Wylie is the normal configuration, while Valley Community College, Oglesby, to result in an overall improvement in safety suction from the SNSWP is the safety Illinois 61348–9692. because: configuration. This proposed alternative

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.055 pfrm04 PsN: 08SEN1 48862 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices action provides operational flexibility; First Standard FirstEnergy Nuclear Operating there is no associated design change to Implementation of this amendment would Company, Docket No. 50–346, Davis- the units. not involve a significant increase in the Besse Nuclear Power Station, Unit 1, (2) The licensee proposed to delete probability or consequences of an accident Ottawa County, Ohio from Table 3.3.2–1, ‘‘Engineered Safety previously evaluated. Approval of this amendment will have no effect on accident Date of amendment request: July 26, Feature Actuation System probabilities or consequences. For proposed 1999. Instrumentation,’’ the entry regarding changes #1–4, the systems and equipment Description of amendment request: Auxiliary Feedwater Loss of Offsite referenced in the revised TS are not accident The proposed amendment would Power (Function 6d) on the basis that a initiating systems; therefore, there will be no change Technical Specification (TS) comparable and adequate requirement impact on any accident probabilities by the Section 3/4.3.2.1, ‘‘Safety Features will exist in Section 3.3.5. To such end, approval of this amendment. The design of Actuation System Instrumentation,’’ to a new Surveillance Requirement (SR) the systems is not being modified by these remove the ‘‘Trip Setpoint’’ values and 3.3.5.3 will be added, incorporating the proposed changes. Therefore, there will be no revise the ‘‘Allowable Values’’ entries impact on any accident consequences. For Function 6d requirement from Table # for Sequence Logic Channels a, 3.3.2–1. These proposed changes proposed change 5, the change is purely administrative; it will therefore have no ‘‘Essential Bus Feeder Breaker Trip remove inconsistencies that currently effect on any accident probabilities or (90%),’’ and b, ‘‘Diesel Generator Start, exist in the Technical Specifications for consequences. Load Shed on Essential Bus (59%).’’ Function 6d. There is no associated Basis for proposed no significant design change to the units. Second Standard hazards consideration determination: (3) In the process of converting the Implementation of this amendment would As required by 10 CFR 50.91(a), the not create the possibility of a new or different licensee has provided its analysis of the Technical Specification to the improved kind of accident from any accident format (Amendment Nos.173 and 165), issue of no significant hazards previously evaluated. No new accident consideration, which is presented errors were inadvertently introduced causal mechanisms are created as a result of regarding the conditions under which NRC approval of this amendment request. No below: the Reactor Coolant System Subcooling changes are being made to the plant which The Davis-Besse Nuclear Power Station Margin Monitor must be operable. The will introduce any new accident causal (DBNPS) has reviewed the proposed changes licensee proposed to correct these errors mechanisms. This amendment request does and determined that a significant hazards by revising the entry regarding the not impact any plant systems that are consideration does not exist because Subcooling Margin Monitor in Table accident initiators; neither does it adversely operation of the Davis-Besse Nuclear Power impact any accident mitigating systems. Station, Unit No. 1, in accordance with these 3.3.3–1, ‘‘Post Accident Monitoring changes would: Instrumentation’’. There is no associated Third Standard 1a. Not involve a significant increase in the design change to the units. Implementation of this amendment would probability of an accident previously (4) Section 3.4.17 is concerned with not involve a significant reduction in a evaluated because the proposed changes do reactor coolant system loops test margin of safety. Margin of safety is related not change any accident initiator, initiating to the confidence in the ability of the fission exceptions. Currently Surveillance condition, or assumption. product barriers to perform their design The proposed changes would revise Requirement 3.4.17.2 incorrectly functions during and following an accident Technical Specification (TS) Table 3.3–4, specifies that a COT [channel situation. These barriers include the fuel Safety Features Actuation System operational test] be performed ‘‘for each cladding, the reactor coolant system, and the Instrumentation Trip Setpoints, to remove power range neutron flux-flow and containment system. The performance of the’Trip Setpoint’’ values for Functional Unit intermediate range neutron flux channel these fission product barriers will not be Sequence Logic Channel ‘‘a’’, ‘‘Essential Bus and P–7 [Low Power Reactor Trips impacted by implementation of this proposed Feeder Breaker Trip (90%)’’, and Functional Block Function]’’. The licensee amendment. The systems and equipment Unit Sequence Logic Channel ‘‘b’’, ‘‘Diesel proposed to correct this statement by referenced in the revised TS for proposed Generator Start, Load Shed on Essential Bus changes #1–4 are already capable of (59%)’’, and also modify the ‘‘Allowable deleting ‘‘P–7’’ and adding ‘‘P–10 performing as designed. No safety margins Values’’ entry for Functional Unit Sequence [Power Range Neutron Flux] and P–13 will be impacted. Since proposed change #5 Logic Channel ‘‘a’’, consistent with updated [Turbine Impulse Pressure]’’. This is purely administrative, it will have no effect calculations and current setpoint correction does not involve any design on any safety margins. methodology. The proposed changes would change to the units. also clarify an inconsistency between Table The NRC staff has reviewed the 3.3–4 and Table 4.3–2, Safety Features (5) The licensee proposed to delete licensee’s analysis, and based on this Actuation System Instrumentation from Section 5.3.1 the specific review, it appears that the three Surveillance Requirements. The proposed qualification requirements for Reactor standards of 10 CFR 50.92(c) are changes to Limiting Condition for Operation Operators (ROs) and Senior Reactor satisfied. Therefore, the NRC staff (LCO) 3.3.2.1 and Bases 3/4.3.1 and 3/4.3.2 Operators (SROs). Such requirements are associated with these changes. proposes to determine that the are specified by 10 CFR 50.55, The accident previously evaluated in amendment request involves no ‘‘Operators’’ Licenses’’, and the licensee Section 15.2.9, ‘‘Loss of All AC Power to the significant hazards consideration. is required to follow this regulation. Station Auxiliaries (Station Blackout),’’ of the Local Public Document Room DBNPS Updated Safety Analysis Report There will be no change in the (USAR) is not affected by the proposed qualification of ROs and SROs, and no location: York County Library, 138 East Black Street, Rock Hill, South Carolina. changes because its bounding conditions are design change to the units. not affected. The existing TS action Basis for proposed no significant Attorney for licensee: Ms. Lisa F. statements will continue to maintain the hazards consideration determination: Vaughn, Legal Department (PB05E), USAR requirement to start and load one As required by 10 CFR 50.91(a), the Duke Energy Corporation, 422 South Emergency Diesel Generator (EDG) to meet minimum ESF requirements, should all AC licensee has provided its analysis of the Church Street, Charlotte, North Carolina. power be lost. Furthermore, the proposed issue of no significant hazards changes are based on the existing consideration, which is presented NRC Section Chief: Richard L. Emch, performance characteristics of plant below: Jr. equipment; therefore, the proposed changes

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.056 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48863 will not involve a significant change to the Basis for proposed no significant The NRC staff has reviewed the plant design or operation. hazards consideration determination: licensee’s analysis and, based on this 1b. Not involve a significant increase in the As required by 10 CFR 50.91(a), the review, it appears that the three consequences of an accident previously licensee has provided its analysis of the standards of 10 CFR 50.92(c) are evaluated because the proposed changes do not invalidate assumptions used in issue of no significant hazards satisfied. Therefore, the NRC staff evaluating the radiological consequences of consideration, which is presented proposes to determine that the an accident, do not alter the source term or below: amendment request involves no containment isolation, and do not provide a The Davis-Besse Nuclear Power Station has significant hazards consideration. new radiation release path or alter reviewed the proposed changes and Local Public Document Room radiological consequences. determined that a significant hazards location: University of Toledo, William 2. Not create the possibility of a new or consideration does not exist because Carlson Library, Government different kind of accident from any accident operation of the Davis-Besse Nuclear Power Documents Collection, 2801 West previously evaluated because the proposed Station, Unit Number 1, in accordance with Bancroft Avenue, Toledo, OH 43606. changes do not introduce a new or different these changes would: Attorney for licensee: Jay E. Silberg, accident initiator or introduce a new or 1a. Not involve a significant increase in the Esquire, Shaw, Pittman, Potts and different equipment failure mode or probability of an accident previously Trowbridge, 2300 N Street, NW., mechanism. evaluated because no accident initiators, 3. Not involve a significant reduction in a conditions or assumptions are affected by the Washington, DC 20037. margin of safety because the proposed proposed changes to Section 6.0, NRC Section Chief: Anthony J. changes do not significantly reduce the Administrative Controls, of the Technical Mendiola. ability of the plant to respond to a loss of AC Specifications (TS). Northeast Nuclear Energy Company, et power to the essential 4160 Volt buses in a The proposed changes to remove Section timely manner. The revised Allowable Value 6.4, Training, from the TS and relocate the al., Docket No. 50–423, Millstone for the Sequence Logic Channel ‘‘Essential detailed listings of TS Section 6.5.2.8, Nuclear Power Station, Unit No. 3, New Bus Feeder Breaker Trip (90%)’’ takes into Audits, and TS Section 6.10, Record London County, Connecticut account the need not only to be able to Retention, to the DBNPS [Davis-Besse Date of amendment request: August 5, actuate Engineered Safety Features Nuclear Power Station] Quality Assurance 1999. equipment coincident with a degraded grid Program in Chapter 17 of the Updated Safety Description of amendment request: condition, but to provide voltage at the Analysis Report are consistent with NUREG– required value to properly operate the 1430, ‘‘Standard Technical Specifications— The requested changes correct editorial equipment. Babcock and Wilcox Plants,’’ Revision 1 or errors in Technical Specification (TS) NRC Administrative Letter 95–06 Sections 3.8.3.2, 4.6.2.1, 4.6.2.2, 4.8.1.1, The NRC staff has reviewed the ‘‘Relocation of Technical Specification and 4.9.12. Also, the requested changes licensee’s analysis and, based on this Administrative Controls Related to Quality correct minor editorial and reference review, it appears that the three Assurance,’’ dated December 12, 1995. The errors in Technical Specification Bases standards of 10 CFR 50.92(c) are proposed changes to TS Section 6.14, Process Sections B 3/4.3.2, B 3/4.4.11, B 3/ satisfied. Therefore, the NRC staff Control Program (PCP); TS Section 6.15, 4.6.1.2, and B 3/4.8.4. proposes to determine that the Offsite Dose Calculation Manual (ODCM); Basis for proposed no significant and TS Section 6.8, Procedures and amendment request involves no hazards consideration determination: significant hazards consideration. Programs, are either associated administratively with the above proposed As required by 10 CFR 50.91(a), the Local Public Document Room changes or are editorial corrections. These TS licensee has provided its analysis of the location: University of Toledo, William being removed or relocated will remain issue of no significant hazards Carlson Library, Government subject to the controls of regulations (e.g., 10 consideration, which is presented Documents Collection, 2801 West CFR 50.59, 10 CFR 55.59, or 10 CFR below: Bancroft Avenue, Toledo, OH 43606. 50.54(a)). NNECO [Northeast Nuclear Energy Attorney for licensee: Jay E. Silberg, 1b. Not involve a significant increase in the consequences of an accident previously Company] has reviewed the proposed Esquire, Shaw, Pittman, Potts and revision in accordance with 10CFR50.92 and Trowbridge, 2300 N Street, NW., evaluated because no accident conditions or assumptions are affected by the proposed has concluded that the revision does not involve any Significant Hazards Washington, DC 20037. changes. As described above, these changes Considerations (SHC). The basis for this NRC Section Chief: Anthony J. are consistent with the improved ‘‘Standard conclusion is that the three criteria of Mendiola. Technical Specifications—Babcock and 10CFR50.92(c) are not satisfied. The Wilcox Plants’’ (NUREG–1430) or proposed Technical Specification revision FirstEnergy Nuclear Operating Administrative Letter 95–06 and are Company, Docket No. 50–346, Davis- does not involve an SHC because the revision administrative changes. The proposed would not: Besse Nuclear Power Station, Unit 1, changes do not alter the source term, Ottawa County, Ohio 1. Involve a significant increase in the containment isolation, or allowable releases. probability or consequences of an accident Date of amendment request: July 27, The proposed changes, therefore, will not previously evaluated. increase the radiological consequences of a 1999. The proposed TS changes are editorial in previously evaluated accident. nature and do not alter or effect the design, Description of amendment request: 2. Not create the possibility of a new or The proposed amendment would operation, maintenance[,] or surveillance different kind of accident from any accident associated with MP–3 [Millstone Nuclear remove Technical Specification (TS) previously evaluated because no new Power Station, Unit No. 3] [s]tructures, Section 6.4, ‘‘Training,’’ relocate TS accident initiators or assumptions are [s]ystems, and [c]omponents (SSC) during Sections 6.5.2.8, ‘‘Audits,’’ and 6.10 introduced by the proposed changes, which normal or accident operations. Since the ‘‘Record Retention,’’ to the Updated involve only administrative controls. The SS[Cs] are not altered[,] the proposed Safety Analysis Report, and make proposed changes do not alter any accident changes do not involve a significant increase related changes to TS Sections 6.14, scenarios. in the probability or consequences of an 3. Not involve a significant reduction in a ‘‘Process Control Program,’’ and 6.15, accident previously evaluated. margin of safety because the proposed 2. Create the possibility of a new or ‘‘Offsite Dose Calculation Manual.’’ In changes are administrative and do not reduce different kind of accident from any accident addition, an editorial correction is or adversely affect the capabilities of any previously evaluated. proposed to TS 6.8, ‘‘Procedures and plant structures, systems or components to The proposed TS changes are editorial in Programs.’’ perform their nuclear safety function. nature and do not alter or effect the design,

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.057 pfrm04 PsN: 08SEN1 48864 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices operation, maintenance[,] or surveillance Basis for proposed no significant the cycle specific Supplemental Reload associated with MP–3 [s]tructures, [s]ystems, hazards consideration determination: Licensing Report (SRLR), remains the and [c]omponents (SSC) during normal or As required by 10 CFR 50.91(a), the bounding reactor pressure vessel accident operations. Since the Units SS[Cs] licensee has provided its analysis of the overpressurization event for LGS, Units have not been modified physically, or operationally[,] due to procedure changes issue of no significant hazards 1 and 2. In addition, there are no other prompted by this TSCR [Technical consideration. The NRC staff has associated impacts to the plant resulting Specification Change Request], the proposed reviewed the licensee’s analysis against from a single pump runout. Therefore, change does not create the possibility of a the standards of 10 CFR 50.92(c). The the integrity of radiological barriers will new or different kind of accident from any NRC staff’s review is presented below: not be compromised. previously evaluated. 1. The proposed Technical Although there is no longer a safety 3. Involve a significant reduction in the Specifications (TS) changes do not need to demonstrate operability of the margin of safety. involve a significant increase in the MG set stops, there still is an These proposed TS changes are editorial probability or consequences of an operational need to have the MG set and do not impact any MP–3 design or accident previously evaluated. The operational requirements. MP–3 system stops for the Reactor Recirculation proposed TS changes do not make any performance and operating limits are not System (RS). Damage to the jet pump physical changes to the fuel, or the way affected; therefore[,] the proposed change sensing lines could occur if the the fuel responds to a transient or does not involve a significant reduction in resonance frequency of the sensing lines the margin of safety. accident. The radiological barriers are is reached. Jet pump sensing line tests In conclusion, based on the information not compromised. The fuel will provided, it is determined [by NNECO] that continue to be operated to analyzed established a conservative pump speed the proposed revision does not involve a[n] operating limits. No new failure mode is limit (1650 rpm for Unit 1, no limit for SHC. introduced. Unit 2) to preclude sensing line The NRC staff has reviewed the Prior to the removal of the resonance. The MG set stop setpoint licensee’s analysis and, based on this Recirculation System Master Flow bounded the operationally required review, it appears that the three Controller at LGS, the bounding setpoint. The operationally required MG standards of 10 CFR 50.92(c) are postulated event involving an increase set stop setpoint to preclude jet pump satisfied. Therefore, the NRC staff in reactor coolant system flow rate was sensing line resonance will continue to proposes to determine that the the dual pump slow flow runout event be controlled administratively via amendment request involves no not terminated by SCRAM. The approved plant procedures. The significant hazards consideration. requirements surrounding the MG set proposed TS changes do not adversely Local Public Document Room stops were established to mitigate impact the RS, or introduce new or location: Learning Resources Center, consequences during a dual pump slow unanalyzed operating conditions for the Three Rivers Community-Technical flow runout by providing a limit on the RS. The MG sets will not exceed their College, 574 New London Turnpike, maximum core flow. The MG set stop previously analyzed maximum 57.5 Hz Norwich, Connecticut, and the requirements were not established to with the stops removed. Waterford Library, ATTN: Vince prevent an accident. The potential Therefore, the proposed TS changes Juliano, 49 Rope Ferry Road, Waterford, common mode failure required for a do not significantly increase the Connecticut. dual pump slow flow runout event was probability or consequences of an Attorney for licensee: Lillian M. eliminated with the removal of the accident previously evaluated. Cuoco, Esq., Senior Nuclear Counsel, Master Flow Controller. The elimination 2. The proposed TS changes do not Northeast Utilities Service Company, of the Master Flow Controller does not create the possibility of a new or P.O. Box 270, Hartford, Connecticut. increase the probability of other core different kind of accident from any flow increase events, or of any other NRC Section Chief: James W. Clifford. accident previously evaluated. The events previously analyzed. proposed TS changes do not make any PECO Energy Company, Docket Nos. Revised generic flow biased ARTS 50–352 and 50–353, Limerick [APRM (average power range monitor)/ physical changes to the fuel, or the way Generating Station, Units 1 and 2, RBM (rod block monitor) Technical the fuel responds to a transient or Montgomery County, Pennsylvania Specifications Improvement] thermal accident. The radiological barriers are Date of amendment request: June 22, limits that do not take credit for MG set not compromised. The fuel will 1999. stops have been developed for LGS, continue to be operated to analyzed Description of amendment request: Units 1 and 2. Adherence to approved operating limits. No new failure mode is The Limerick Generating Station (LGS), flow biased ARTS thermal limits introduced. Units 1 and 2, Technical Specifications identified in the LGS, Units 1 and 2, The proposed TS changes do not (TS) contained in Appendix A to the Core Operating Limits Reports (COLRs) create new operating conditions that Operating Licenses would be amended ensure that fuel design limits are not have not been evaluated. Removal of the to eliminate a surveillance requirement exceeded. Maintaining fuel design Recirculation Master Flow Controller for the Reactor Recirculation System. limits results in no change in the eliminates the possibility of a single This proposed TS change request consequences of accidents previously failure initiated common mode event. involves revising the TS to delete evaluated. Since the possibility of a common Surveillance Requirement 4.4.1.1.2, and The single pump slow flow runout failure has been eliminated, the most associated TS Administrative Controls does not terminate by Main Steam limiting recirculation runout event is a Section 6.9.1.9.h, which requires that Isolation Valve (MSIV) closure or one pump slow flow runout. This is the each Reactor Recirculation System generator load reject. As a result, the same kind of postulated accident as that pump motor generator (MG) set scoop single pump runout event does not previously evaluated, only it involves tube mechanical and electrical stop be result in any significant pressurization one pump instead of both pumps. demonstrated OPERABLE with the and does not represent a challenge to Therefore, the proposed TS changes do overspeed setpoints less than or equal to the reactor coolant pressure boundary. not create the possibility of a new or the setpoints as noted in the Core MSIV closure with associated SCRAM different kind of accident from any Operating Limits Report. on high neutron flux, as confirmed in previously evaluated.

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3. The proposed TS changes do not The physical structures, systems and The NRC staff has reviewed the involve a significant reduction in a components of the Trojan Nuclear Plant and licensee’s analysis and, based on this margin of safety. the operating procedures for their use are review, it appears that the three The proposed TS changes do not unaffected by the proposed change. The standards of 10 CFR 50.92(c) are proposed elimination of the security satisfied. Therefore, the NRC staff make any physical changes to the fuel, requirements for the 10 CFR Part 50 license, or the way the fuel responds to a is predicated on approval of the Trojan ISFSI proposes to determine that the transient or accident. The radiological Security Plan (PGE 1073) which will be amendment request involves no barriers are not compromised. The fuel coincident with issuance of a 10 CFR Part 72 significant hazards consideration. will continue to be operated to analyzed license and upon completion of the transfer Local Public Document Room operating limits. No new failure mode is of all nuclear fuel from the spent fuel pool location: Branford Price Millar Library, introduced. to the ISFSI. The planned 10 CFR 72 Portland State University, 934 S.W. Single pump runout based, generic licensing controls for the ISFSI will provide Harrison Street, P.O. Box 1151, flow biased ARTS thermal limits that do adequate confidence that personnel and Portland, Oregon 97207. not take credit for MG set stops have equipment can perform satisfactorily for Attorney for licensee: Leonard A. normal operations of the ISFSI and respond Girard, Esq., Portland General Electric been developed for LGS, Units 1 and 2. adequately to abnormal events/accidents. Adherence to approved ARTS-based Company, 121 S.W. Salmon Street, The proposed Trojan ISFSI Security Plan Portland, Oregon 97204. flow biased thermal limits identified in (PGE 1073) will also provide confidence that the LGS, Units 1 and 2, COLRs and NRC Section Chief: Michael T. security personnel and safeguards systems Masnik. implemented in the plant process will perform satisfactorily to ensure adequate computer are sufficient to maintain the protection for the storage of spent nuclear South Carolina Electric & Gas Company margin of safety as delineated in TS fuel. Therefore, the proposed 10 CFR Part 50 (SCE&G), South Carolina Public Service Sections 3/4.2.1, 3/4.2.3, and 3/4.2.4. amendment does not involve a significant Authority, Docket No. 50–395, Virgil C. Therefore, these proposed TS changes increase in the probability or consequences Summer Nuclear Station, Unit No. 1, do not involve a significant reduction in of an accident previously evaluated. Fairfield County, South Carolina 2. The proposed change does not create the a margin of safety. possibility of a new or different kind of Date of amendment request: August Based on the above review, the NRC accident from any accident previously 19, 1999. The August 19, 1999, staff concludes that it appears that the evaluated. submittal supersedes the February 18, three standards of 10 CFR 50.92(c) are The proposed change is security related, 1999, submittal in its entirety (64 FR satisfied. Therefore, the NRC staff and as such, has no direct impact on plant 14284). proposes to determine that the equipment or the procedures for operating Description of amendment request: amendment request involves no plant equipment and, therefore, does not The proposed amendment would revise significant hazards consideration. create the possibility of a new or different the Virgil C. Summer Nuclear Station Local Public Document Room kind of accident from any accident previously evaluated. Because the proposed (VCSNS) Technical Specifications (TS) location: Pottstown Public Library, 500 ISFSI area will be segregated from the 10 CFR to incorporate the new Pressure/ High Street, Pottstown, PA 19464. Part 50 licensed area, licensed security Temperature (P–T) Limits Curves Attorney for licensee: J. W. Durham, activities under the 10 CFR Part 50 license consistent with the analysis results of Sr., Esquire, Sr. V.P. and General will no longer be necessary after all the reactor vessel specimen W. These Counsel, PECO Energy Company, 2301 nuclear fuel has been moved. The planned 10 figures are contained in Section 3/4.4.9 Market Street, Philadelphia, PA 19101. CFR 72 licensing controls for the ISFSI area and are presented as Figures 3.4–2 and NRC Section Chief: James W. Clifford. will provide adequate confidence that 3.4–3. These figures were developed personnel and equipment can perform Portland General Electric Company, et using the methodology included in satisfactorily for normal operations of the WCAP 14040–NP–A, ‘‘Methodology al., Docket No. 50–344, Trojan Nuclear ISFSI and respond adequately to normal Plant, Columbia County, Oregon events/accidents. Moreover, the ISFSI will be Used to Develop Cold Overpressure physically separate from the Trojan Nuclear Mitigating System Setpoints and RCS Date of amendment request: January Plant structures and equipment. Therefore, Heatup and Cooldown Limit Curves,’’ as 29, 1998. the proposed 10 CFR Part 50 license well as Code Case N–640, ‘‘Alternative Description of amendment request: amendment does not create the possibility of Reference Fracture Toughness for The amendment would delete the a new or different kind of accident from any Development of P–T Limit Curves for requirements for a security plan from accident previously evaluated. Section XI, Division I.’’ A reduced the 10 CFR Part 50 license and technical 3. The proposed change does not involve flange temperature requirement was specifications after the spent nuclear a significant reduction in a margin of safety. included in the development of the fuel is transferred to a Part 72 licensed The assumptions for a fuel handling and curves, with justification provided in independent spent fuel storage other accidents are not affected by the proposed license amendment. Because the WCAP 15102, Revision 1, ‘‘V. C. installation (ISFSI). Security proposed ISFSI area (that will contain the Summer Unit I Heatup and Cooldown requirements for the ISFSI would be in nuclear fuel) will be segregated from the 10 Limit Curves for Normal Operation.’’ accordance with 10 CFR Part 72, CFR Part 50 licensed area, licensed security Additionally, the Bases section for the Subpart H. activities under the 10 CFR Part 50 license Pressure/Temperature Limits would be Basis for proposed no significant will no longer be necessary. The planned 10 revised to accurately reflect current hazards consideration determination: CFR 72 licensing controls for the ISFSI area industry standards and regulations. A As required by 10 CFR 50.91(a), the will provide adequate confidence that significant portion of this Bases section licensee has provided its analysis of the personnel and equipment can perform would be deleted due to the information issue of no significant hazards satisfactorily for normal operations of the also being located in WCAP 15102, consideration, which is presented ISFSI and respond adequately to abnormal events/accidents. Also, the ISFSI will be Revision 1. below: physically separate from the Trojan Nuclear Basis for proposed no significant 1. The proposed change does not involve Plant structures and equipment. Therefore, hazards consideration determination: a significant increase in the probability or the proposed 10 CFR Part 50 license As required by 10 CFR 50.91(a), the consequences of an accident previously amendment does not involve a significant licensee has provided its analysis of the evaluated. reduction in a margin of safety. issue of no significant hazards

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Deleting bounds having no safety Temperature Limits Curves to provide curves The NRC staff has reviewed the significance does not involve a significant that reflect the results of the analysis licensee’s analysis and, based on this increase in the probability or consequences performed on reactor vessel surveillance review, it appears that the three of an accident previously evaluated. specimen W. This analysis was performed standards of 10 CFR 50.92(c) are PCN–488 deletes redundant SR 3.3.7.4, using NRC approved methodology as satisfied. Therefore, the NRC staff which is not in NUREG–1432, Standard documented in WCAP 14040–NP–A, proposes to determine that the Technical Specifications, Combustion utilizing the 1996 ASME Boiler and Pressure Engineering Plants. Deleting a redundant Vessel Code, Section XI, Appendix G amendment request involves no requirement does not involve a significant requirements, along with ASME Code Case significant hazards consideration. N–640. These curves provide the limits for Local Public Document Room increase in the probability or consequences operation of the Reactor Coolant System location: Fairfield County Library, 300 of an accident previously evaluated. during heat up, cool down, criticality, and Washington Street, Winnsboro, SC Consequently, the proposed amendment hydrotesting. These curves are provided does not result in an increase in the 29180. probability of accidents evaluated in the without instrument uncertainties included, Attorney for licensee: Randolph R. however, the uncertainties are included in UFSAR. Mahan, South Carolina Electric & Gas 2. Does this amendment request create the the curves provided in the operating Company, Post Office Box 764, procedures. The limits protect the reactor possibility of a new or different kind of vessel from brittle fracture by separating the Columbia, South Carolina 29218. accident from any accident previously region of acceptable operation from the NRC Section Chief: Richard L. Emch, evaluated? region where brittle fracture is postulated to Jr. No. occur. Failure of the reactor vessel is not a PCN–488 revises the TS SR acceptance Southern California Edison Company, et criteria of the LOVS, DGVSS, and SDVS relay VCSNS design basis accident, and, in al., Docket Nos. 50–361 and 50–362, general, reactor vessel failure has a low circuits, which are not accident initiators, probability of occurrence and is not San Onofre Nuclear Generating Station, and deletes a redundant SR. PCN–488 does considered in the safety analysis. Therefore, Units 2 and 3, San Diego County, not introduce any revision in the hardware the change does not involve a significant California configuration of the protective circuitry for LOVS, DGVSS or SDVS. The measurement increase in the probability or consequences Date of amendment requests: August of an accident previously evaluated. required by the deleted, redundant 11, 1999 (PCN–488). surveillance is required elsewhere in the TS. 2. Does the change create the possibility of Description of amendment requests: a new or different kind of accident from any For these reasons, PCN–488 does not create accident previously evaluated? The proposed amendments would the possibility of any new or different kind The proposed changes revise the Pressure/ modify the Technical Specifications for of accident from any previously evaluated. ′ Temperature Limits Curves, Section 3/4.4.9, the San Onofre Nuclear Generating 3. Does this amendment request involve a to incorporate the results of the analysis Station (SONGS) Units 2 and 3 to revise significant reduction in a margin of safety? performed on reactor vessel specimen W. Surveillance Requirement (SR) 3.3.7.3 No. There are no plant design changes or by providing allowable values in place PCN–488 provides allowable values for the significant changes in any operating of analytical limits for certain degraded acceptance criteria for the TS SR for LOVS, DGVSS and SDVS. As such, the revised procedures. This change adjusts the heatup voltage parameters, and by deleting and cooldown curves to reflect the shift in values are more limiting than the current nil-ductility reference temperature of the unnecessary parameter limits in cases values, which represent design limits. reactor vessel as a result of neutron where plant safety is not affected. The Therefore, PCN–488 does not involve a embrittlement, and alternate methodology proposed change would also delete significant reduction in a margin of safety. utilized to generate the curves. Therefore, the redundant SR 3.3.7.4. PCN–488 also revises the TS SR acceptance change does not create the possibility of a Basis for proposed no significant requirements to delete upper and lower new or different kind of accident from any hazards consideration determination: bounds in cases where the deleted bound accident previously evaluated. As required by 10 CFR 50.91(a), the provides no safety benefit. Deleting bounds 3. Does this change involve a significant licensee has provided its analysis of the having no safety significance does not involve a significant reduction in a margin of reduction in margin of safety? issue of no significant hazards The proposed changes revise the Pressure/ safety. Temperature Limits Curves, Section 3/4.4.9, consideration, which is presented PCN–488 additionally deletes a redundant to incorporate the results of the analysis below: SR. Because the deleted surveillance is performed on reactor vessel specimen W. The 1. Does the proposed amendment involve required elsewhere in the TS, this action new PT curves ensure that the 10 CFR 50 a significant increase in the probability or does not involve a significant reduction in a Appendix G, requirements are not exceeded consequences of an accident previously margin of safety. during normal operation including Reactor evaluated? For these reasons, PCN–488 does not Coolant System transients during heat up, No. involve a significant reduction in a margin of cool down, criticality, and hydrotesting. The Proposed Change Number (PCN)–488 safety. new PT curves were prepared, using revises the Technical Specification (TS) accepted industry methodology, for a Surveillance Requirement (SR) acceptance The NRC staff has reviewed the projected reactor vessel neutron exposure of criteria of the Loss of Voltage Signal (LOVS), licensee’s analysis and, based on this 32 EFPY [Effective Full Power Years]. Degraded Grid Voltage with Safety Injection review, it appears that the three The new curves will serve as the basis for Actuation Signal (DGVSS), and Sustained standards of 50.92(c) are satisfied. operating limitations, to provide margin Degraded Voltage Signal (SDVS) relay Therefore, the NRC staff proposes to against non-ductile fractures. The circuits. These circuits are not accident determine that the amendment requests uncertainties introduced by instrumentation, initiators. involve no significant hazards forced flow and elevation differences are not PCN–488 revises the TS SR acceptance reflected in the TS curves. These requirements to make them more limiting consideration. uncertainties will be factored into the curves than the present requirements. Because the Local Public Document Room presented in the operating procedures. Since revised acceptance criteria are more limiting location: Main Library, University of administrative limits remain in place to than the present requirements, the California, Irvine, California 92713.

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Attorney for licensee: Douglas K. proposed change does not involve a As required by 10 CFR 50.91(a), the Porter, Esquire, Southern California significant increase in the probability or licensee has provided its analysis of the Edison Company, 2244 Walnut Grove consequences of an accident previously issue of no significant hazards Avenue, Rosemead, California 91770. evaluated. consideration which is presented below: NRC Section Chief: Stephen Dembek. 2. The proposed change does not create the possibility of a new or different kind of 1. The operation of Vermont Yankee STP Nuclear Operating Company, accident from any accident previously Nuclear Power Station in accordance with Docket Nos. 50–498 and 50–499, South evaluated. the proposed amendment will not involve a Texas Project, Units 1 and 2, Matagorda The proposed PORV maximum allowable significant increase in the probability or consequences of an accident previously County, Texas setpoint changes do not create any new operating conditions or modes, and the evaluated. Date of amendment request: August added surveillances have no effect except to VY has determined that the proposed 31, 1998, as supplemented by letters ensure operation of COMS as designed. The change to reload the reactor core in a spiral dated April 19 and August 18, 1999. slight change to the maximum allowable pattern beginning around a Source Range The August 31, 1998, application was PORV setpoint curves for the Cold Monitor (SRM) does not involve a significant Overpressure Mitigation System increase in the probability or consequences originally noticed in the Federal of an accident previously evaluated. The Register on October 21, 1998 (63 FR accommodates Delta-94 steam generator design characteristics, and COMS continues design basis accident associated with 56260). to perform in accordance with existing refueling is the Refueling Accident; i.e., the Description of amendment request: requirements, which are sufficient to ensure accidental dropping of a fuel bundle onto the The proposed amendments would plant safety is preserved. top of the core. There is no assumption as to revise Technical Specification 3/4.4.9.3 The proposed change is the result of a the core loading pattern in the analysis of by revising the cold overpressure reanalysis of a previously evaluated accident. this accident. The analyzed abnormal mitigation curve to accommodate the Therefore, the proposed change does not operational transients associated with replacement steam generators and by create the possibility of a new or different refueling are: (1) the Control Rod Removal adding two surveillances (for the kind of accident from any accident Error During Refueling, and (2) the Fuel previously evaluated. Assembly Insertion Error During Refueling. centrifugal charging pumps and the There is no assumption as to the core loading emergency core cooling system 3. The proposed change does not involve a significant reduction in a margin of safety. pattern in the analyses of these transients. accumulators) to ensure the operability The proposed change reflects design The Fuel Assembly Insertion Error During of the cold overpressure mitigation characteristics of the new Delta-94 steam Refueling transient involves mislocated and system. generators. The change to the COMS curves rotated fuel assembly loading errors. Basis for proposed no significant is in the conservative direction and does not However, a change in the approved core hazards consideration determination: affect any design failure point or system loading pattern has no impact on the As required by 10 CFR 50.91(a), the limitation. Therefore, the change does not probability of mislocating or rotating a licensee has provided its analysis of the involve a significant reduction in a margin of bundle while following that pattern. issue of no significant hazards safety. Furthermore, the proposed change implements a core loading pattern that consideration, which is presented The NRC staff has reviewed the provides improved flux monitoring as below: licensee’s analysis and, based on this compared to the pattern prescribed by the 1. The proposed change does not involve review, it appears that the standards of current Technical Specifications. When a significant increase in the probability or 10 CFR 50.92(c) are satisfied. Therefore, loading the core in accordance with the consequences of an accident previously the NRC staff proposes to determine that proposed change, the SRM indication will be evaluated. the request for amendments involves no indicative of the true flux of the loaded fuel, Reanalysis of STP [South Texas Project, significant hazards consideration. as the creation of flux traps (moderator filled Units 1 and 2] COMS [cold overpressure Local Public Document Room cavities surrounded on all sides by fuel) is precluded. mitigation system] transients to consider location: Wharton County Junior design characteristics of Delta-94 RSGs The SRMs and the core loading pattern are [replacement steam generators] has shown College, J. M. Hodges, Learning Center, not initiators of any accident previously that maximum allowable PORV [power- 911 Boling Highway, Wharton, Texas evaluated. As such, the subject changes operated relief valve] setpoints decrease 77488. cannot affect the probability of an accident slightly, and continue to provide design basis Attorney for licensee: Jack R. previously evaluated. The core loading low temperature overpressure protection Newman, Esq., Morgan, Lewis & pattern is not assumed in the mitigation of with Delta-94 steam generators. This change Bockius, 1800 M Street, NW., any accident. Since the proposed change request incorporates the new COMS curves Washington, DC 20036–5869. provides improved flux monitoring by the into Technical Specification 3.4.9.3 (Figure NRC Section Chief: Robert A. Gramm. SRMs, operators will have more accurate 3.4–4). Maximum allowable PORV setpoints indication and SRM automatic trip functions decrease with Delta-94 steam generators, and Vermont Yankee Nuclear Power will actuate based on a more accurate are conservative compared to Model E steam Corporation, Docket No. 50–271, indication of flux. As such, any event generator curves. Use of the new curves with Vermont Yankee Nuclear Power Station, mitigation function provided by the SRMs is either Model E or Delta-94 steam generators Vernon, Vermont enhanced by this change. Therefore, the conforms to the STP design basis. associated changes do not involve a These changes are based on a reanalysis Date of amendment request: August significant increase in the consequences of an that accounts for Model Delta-94 design, a 18, 1999. accident previously evaluated. decision to make calculation[s] of COMS Description of amendment request: 2. The operation of Vermont Yankee maximum allowable PORV setpoint The licensee proposed changing the Nuclear Power Station in accordance with consistent with current industry standards as Vermont Yankee Nuclear Power Station the proposed amendment will not create the represented by WCAP–14040, and addition (VY) Technical Specifications by possibility of a new or different kind of of two surveillances to the Technical revising the reactor core spiral reloading accident from any accident previously Specification to ensure operability of COMS. pattern such that it begins around a evaluated. Moving maximum allowable PORV setpoints VY has determined that the proposed in the conservative direction and adding source range monitor rather than from change does not create the possibility of a surveillances to reinforce standard operating the center of the core. The offloading new or different kind of accident from any practice have no adverse effect on the pattern would be the reverse sequence. accident previously evaluated. VY proposes probability or consequences of an accident Basis for proposed no significant to change the core reloading and offloading previously evaluated. Therefore, the hazards consideration determination: patterns to start and stop, respectively, at an

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SRM versus the geometric center of the core Basis for proposed no significant the 24 hour delay, it is possible that the as prescribed by current Technical hazards consideration determination: missed surveillance would force a plant Specifications. This ensures that flux As required by 10 CFR 50.91(a), the shutdown; thus, the plant could be shutting monitoring instrumentation is always licensee has provided its analysis of the down while the missed surveillance is being OPERABLE in the fueled region of the vessel. performed. As a result of this delay, the There is no separation of the monitoring issue of no significant hazards potential for human error will be reduced. device from the fuel by cavities of water as consideration which is presented below: Consequently, there is no significant is the case with the pattern prescribed by the 1. The operation of Vermont Yankee reduction in a margin of safety as overall current Technical Specifications. As such, Nuclear Power Station in accordance with plant safety is enhanced due to the avoidance flux monitoring is enhanced during core the proposed amendment will not involve a of unnecessary plant shutdowns. reloading and offloading. This change is significant increase in the probability or The NRC staff has reviewed the conservative relative to the current consequences of an accident previously licensee’s analysis and, based on this requirements. Therefore, no new or different evaluated. review, it appears that the three kinds of accidents are created. This change does not result in any physical 3. The operation of Vermont Yankee alteration of plant systems, structures or standards of 10 CFR 50.92(c) are Nuclear Power Station in accordance with components; nor does the change modify the satisfied. Therefore, the NRC staff the proposed amendment will not involve a manner in which plant equipment will be proposes to determine that the significant reduction in a margin of safety. operated or maintained. As a result, the amendment request involves no VY has determined that the proposed proposed change does not affect any of the significant hazards consideration. change does not involve a significant parameters or conditions that contribute to Local Public Document Room reduction in a margin of safety. Loading the initiation or mitigation of any accidents location: Brooks Memorial Library, 224 around the geometric center of the core as previously evaluated. Main Street, Brattleboro, VT 05301. prescribed by the current Technical Surveillance frequencies are not assumed Attorney for licensee: Mr. David R. Specifications results in cells of moderator in the initiation of any analyzed event. Thus, Lewis, Shaw, Pittman, Potts and separating the fuel from the instrumentation conditions assumed in the plant accident Trowbridge, 2300 N Street, NW., monitoring its flux. This change requires the analyses are unchanged. Furthermore, there flux monitoring instrumentation to be in the is no relaxation of required setpoints or Washington, DC 20037–1128. fueled region, and, in so doing, provides for operating parameters. NRC Section Chief: James W. Clifford. more accurate monitoring of core flux during Therefore, the probability or consequences Virginia Electric and Power Company, core reloading and offloading. As such, the of an accident previously evaluated are not Docket Nos. 50–338 and 50–339, North significantly increased since the most likely operators will have more accurate indication Anna Power Station, Unit Nos. 1 and 2, and SRM automatic trip functions will outcome of performing a surveillance is that actuate when the actual flux reaches the trip it does, in fact, demonstrate the system or Louisa County, Virginia setpoints. Therefore, this change will not component is operable. VY has, therefore, Date of amendment request: August 4, result in a significant reduction in a margin determined that the proposed change does 1999. of safety. not involve a significant increase in the Description of amendment request: probability or consequences of an accident The proposed changes to North Anna The NRC staff has reviewed the previously evaluated. licensee’s analysis and, based on this 2. The operation of Vermont Yankee Power Station (NAPS) Units 1 and 2 review, it appears that the three Nuclear Power Station in accordance with Technical Specification (TS) 4.4.1.6.1 standards of 10 CFR 50.92(c) are the proposed amendment will not create the and associated Bases will extend the satisfied. Therefore, the NRC staff possibility of a new or different kind of drained reactor coolant loop verification proposes to determine that the accident from any accident previously time (verified as drained) from two amendment request involves no evaluated. The proposed change will not hours to four hours prior to backfilling significant hazards consideration. modify the physical plant or the modes of when returning the drained loop to Local Public Document Room plant operation. The changes do not involve service. the addition or modification of equipment location: Brooks Memorial Library, 224 Basis for proposed no significant nor do they alter the design or operation of hazards consideration determination: Main Street, Brattleboro, VT 05301. plant systems. These changes to Technical Attorney for licensee: Mr. David R. Specifications do not create any new or As required by 10 CFR 50.91(a), the Lewis, Shaw, Pittman, Potts and different kind of accident since they do not licensee has provided its analysis of the Trowbridge, 2300 N Street, NW., involve any change to the plant or the issue of no significant hazards Washington, DC 20037–1128. manner in which it is operated. consideration, which is presented NRC Section Chief: James W. Clifford. Therefore, VY has determined that the below: proposed change does not create the 1. Does the change involve a significant Vermont Yankee Nuclear Power possibility of a new or different kind of Corporation, Docket No. 50–271, increase in the probability or consequences accident from any accident previously of an accident previously evaluated. Vermont Yankee Nuclear Power Station, [evaluated]. Administrative procedures ensure that the Vernon, Vermont 3. The operation of Vermont Yankee initiation of seal injection in order to Nuclear Power Station in accordance with establish a partial vacuum in an isolated and Date of amendment request: August the proposed amendment will not involve a 18, 1999. drained loop will not create the potential for significant reduction in a margin of safety. an inadvertent and undetected introduction Description of amendment request: The proposed change does not affect The licensee proposed changing the of under-borated water into an isolated loop design margins or assumptions used in prior to returning the isolated loop to service. Vermont Yankee Nuclear Power Station accident analyses. The capability of safety Additionally, extension of the drained loop (VY) technical specifications (TSs) by systems to function and limiting safety verification time from two hours to four revising the definition of the system settings are similarly unaffected as a hours prior to backfill operations will not ‘‘Surveillance Frequency’’ to result of this change. significantly diminish confidence that the incorporate provisions that apply upon The increased time allowed (up to 24 isolated and drained loop will, in fact, be the discovery of a missed TS hours) for the performance of a surveillance drained at the time the back-fill evolution is discovered to have not been performed, is surveillance. The provisions would initiated. Therefore, there is no measurable acceptable based on the small probability of increase in the probability or consequences allow 24 hours to perform the an event requiring the associated component. of any accident previously evaluated. surveillance before the applicable The requested allowance will provide 2. Does the change create the possibility of limiting condition for operation is sufficient time to perform the missed a new or different kind of accident from any entered. surveillance in an orderly manner. Without accident previously evaluated.

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There are no modifications to the plant as correct administrative format errors in level alarm is received. Therefore, it is a result of the changes. No new accident or Table 4.1–2B. concluded that the proposed change will not event initiators are created by the initiation Basis for proposed no significant reduce the margin of safety. of seal injection in order to establish a partial hazards consideration determination: This analysis demonstrates that the vacuum in an isolated and drained loop, and As required by 10 CFR 50.91(a), the proposed amendment to the Surry Units 1 by the extension of the drained loop and 2 Technical Specifications does not verification time requirement from two hours licensee has provided its analysis of the involve a significant increase in the to four hours prior to backfill operations. issue of no significant hazards probability or consequences of a previously Therefore, the proposed changes do not consideration, which is presented evaluated accident, does not create the create the possibility of any accident or below: possibility of a new or different kind of malfunction of a different type previously Criterion 1—Does not involve a significant accident and does not involve a significant evaluated. increase in the probability or consequences reduction in a margin of safety. 3. Does the change involve a significant of an accident previously evaluated. The NRC staff has reviewed the reduction in the margin of safety. The probability or the consequences of an The proposed changes have no effect on licensee’s analysis, and based on this accident previously evaluated are not review, it appears that the three the safety analyses assumptions. Changes increased. When the revised Safety Analysis acknowledge the establishment of seal Limit minimum CAT volume of 3800 gallons standards of 50.92(c) are satisfied. injection for the Reactor Coolant Pump in the was implemented, consideration was given to Therefore, the NRC staff proposes to isolated and drained loop as a prerequisite the effects of the proposed reduced CAT determine that the amendment request for the vacuum-assisted back-fill technique volume on containment integrity analyses, involves no significant hazards and extends the drained-loop verification containment spray and post-LOCA sump pH consideration. time from two hours to four hours prior to analyses, and the post-LOCA recirculation Local Public Document Room backfill operations. The two hour interval switchover time interval specified in was established to ensure that the drained location: Swem Library, College of Emergency Operating Procedures. The William and Mary, Williamsburg, loop is verified to be drained at a point in change was determined to be acceptable as time sufficiently close to the initiation of the accident analyses assumptions would Virginia 23185. back-fill evolution such that no intervening continue to be met. The proposed TS Attorney for licensee: Donald P. Irwin, event could occur that would render the loop minimum CAT volume (3930 gallons) Esq., Hunton and Williams, Riverfront no longer drained. Relaxation of the drained includes an allowance for the CAT level Plaza, East Tower, 951 E. Byrd Street, loop verification time from two hours to four Channel Statistical Allowance (CSA), so that Richmond, Virginia 23219. hours will not significantly diminish the safety analysis limit CAT volume (3800 NRC Section Chief: Richard L. Emch, confidence that the isolated and drained loop gallons) will not be violated when the Jr. will be drained at the time the back-fill measured CAT volume (i.e., tank level) is at evolution is initiated. Therefore, the or above the TS minimum CAT volume limit. Wolf Creek Nuclear Operating proposed changes do not result in a The proposed reduction in the TS minimum Corporation, Docket No. 50–482, Wolf reduction in a margin of safety. CAT volume has no bearing on the Creek Generating Station, Coffey probability of occurrence of any accident County, Kansas The NRC staff has reviewed the previously evaluated, since neither the licensee’s analysis and, based on this volume nor the sodium hydroxide inventory Date of amendment request: review, it appears that the three of the CAT have any bearing on postulated December 29, 1998, as supplemented by standards of 50.92(c) are satisfied. accident initiators. Furthermore, because the letter dated July 29, 1999. The December Therefore, the NRC staff proposes to affected accident analyses have been 29, 1998, amendment application was determine that the amendment request evaluated and found to meet their acceptance criteria with the reduced safety analysis limit previously noticed in the Federal involves no significant hazards Register on February 24, 1999 (64 FR consideration. CAT volume, the consequences of an accident previously evaluated is not 9023). Local Public Document Room increased. Description of amendment request: location: The Alderman Library, Special Criterion 2—Does not create the possibility The amendment would revise Section Collections Department, University of of a new or different kind of accident from 5.6.6, ‘‘Reactor Coolant System (RCS) Virginia, Charlottesville, Virginia any accident previously evaluated. Pressure and Temperature Limits Report 22903–2498. The possibility of a new or different kind (PTLR),’’ of the improved Technical Attorney for licensee: Donald P. Irwin, of accident than any accident previously evaluated is not created. The proposed Specifications (TSs), that were issued in Esq., Hunton and Williams, Riverfront reduction in the TS minimum CAT volume Amendment 123 on March 31, 1999. Plaza, East Tower, 951 E. Byrd Street, does not involve any alterations to the The amendment would (1) add the Richmond, Virginia 23219. physical plant that would introduce any new phrase ‘‘and Cold Overpressure NRC Section Chief: Richard L. Emch, or unique operational modes or accident Mitigation System’’ to the first sentence Jr. precursors. Only the TS minimum CAT of item 5.6.6.b that identifies the limits volume is being changed to establish an Virginia Electric and Power Company, that can be determined by the licensee operationally feasible alarm setpoint to in the PTLR, and (2) replace the current Docket Nos. 50–280 and 50–281, Surry provide the operators additional flexibility in list of documents listed in item 5.6.6.b Power Station, Unit Nos. 1 and 2, Surry maintaining the required CAT volume. County, Virginia Criterion 3—Does not involve a significant by the NRC letter that will approve this reduction in a margin of safety. amendment and the Westinghouse Date of amendment request: April 28, The margin of safety is not reduced. It was report, WCAP-14040-NP-A, 1999. determined that the affected safety analyses ‘‘Methodology Used to Develop Cold Description of amendment request: continue to meet their respective acceptance Overpressure Mitigation System The proposed amendments would criteria with the revised minimum CAT Setpoints and RCS Heatup and revise the Technical Specifications (TS) volume. By implementing the proposed Cooldown Limit Curves,’’ dated January Section 3.4.A.4 and Table 4.1–2B for change in the TS minimum CAT volume, a 1996. WCAP-14040-NP-A is the NRC- CAT level alarm setpoint may be established Units 1 and 2. The proposed changes which includes a conservative allowance for approved topical report that provides a would reduce the minimum volume level measurement uncertainty such that methodology for developing the cold requirement for the refueling water neither the proposed TS minimum CAT overpressure mitigation system (COMS) chemical addition tank (CAT) to provide volume nor the Safety Analysis Limit CAT setpoints and RCS heatup and cooldown additional operating margin, and also volume will be violated at the time a CAT limit curves for Westinghouse plants,

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.065 pfrm04 PsN: 08SEN1 48870 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices such as Wolf Creek Generating Station overpressure protection of the RCS and approval and September 30, 1999, the (WCGS). reactor vessel. average water temperature of the normal The NRC staff has reviewed the heat sink will be limited to less than or Basis for proposed no significant ° hazards consideration determination: licensee’s analysis and, based on this equal to 92 F. As required by 10 CFR 50.91(a), the review, it appears that the three Date of publication of individual licensee has provided its analysis of the standards of 10 CFR 50.92(c) are notice in Federal Register: August 13, issue of no significant hazards satisfied. Therefore, the NRC staff 1999 (64 FR 44243). Expiration date of individual notice: consideration, which is presented proposes to determine that the 14 days for comments, August 27, 1999; below: amendment request involves no significant hazards consideration. 30 days for hearing, September 13, 1999. 1. The proposed change does not involve Local Public Document Room Local Public Document Room a significant increase in the probability or locations: Emporia State University, location: Government Publications consequences of an accident previously Section, State Library of Pennsylvania, evaluated. William Allen White Library, 1200 Commercial Street, Emporia, Kansas (Regional Depository) Education Incorporating the revised heatup and Building, Walnut Street and cooldown pressure/temperature limit curves 66801 and Washburn University School and the COMS PORV setpoint limit curve of Law Library, Topeka, Kansas 66621. Commonwealth Avenue, Box 1601, into the WCGS Technical Specifications does Attorney for licensee: Jay Silberg, Esq., Harrisburg, PA 17105. not affect the probability or consequences of Shaw, Pittman, Potts and Trowbridge, Notice of Issuance of Amendments to an accident previously evaluated. 2300 N Street, N.W., Washington, D.C. Facility Operating Licenses The revised limit curves are calculated 20037. using the most limiting RTNDT for the reactor NRC Section Chief: Stephen Dembek. During the period since publication of vessel components and include a radiation- the last biweekly notice, the induced shift corresponding to the end of the Previously Published Notice of Commission has issued the following period for which the curves are generated. Consideration of Issuance of amendments. The Commission has The COMS PORV Setpoint Limit Curve is Amendments to Facility Operating determined for each of these calculated using the most limiting mass Licenses, Proposed No Significant amendments that the application injection transient, taking into account Hazards Consideration Determination, complies with the standards and operation of the NCP [normal charging and Opportunity for a Hearing pump] during shutdown modes. The changes requirements of the Atomic Energy Act do not affect the basis, initiating events, The following notice was previously of 1954, as amended (the Act), and the chronology, or availability/operability of published as a separate individual Commission’s rules and regulations. safety related equipment required to mitigate notice. The notice content was the same The Commission has made appropriate transients and accidents analyzed for WCGS. as above. It was published as an findings as required by the Act and the 2. The proposed change does not create the individual notice either because time Commission’s rules and regulations in possibility of a new or different kind of did not allow the Commission to wait 10 CFR Chapter I, which are set forth in accident from any accident previously for this biweekly notice or because the the license amendment. evaluated. Notice of Consideration of Issuance of Adopting the revised limit curves redefines action involved exigent circumstances. the range of acceptable operation for the It is repeated here because the biweekly Amendment to Facility Operating Reactor Coolant System. This redefinition is notice lists all amendments issued or License, Proposed No Significant a result of the analysis of reactor vessel proposed to be issued involving no Hazards Consideration Determination, surveillance specimens removed from the significant hazards consideration. and Opportunity for A Hearing in reactor in a continuing surveillance program For details, see the individual notice connection with these actions was which monitors the effects of neutron in the Federal Register on the day and published in the Federal Register as irradiation on the WCGS reactor vessel page cited. This notice does not extend indicated. materials under actual operating conditions. the notice period of the original notice. Unless otherwise indicated, the Included in the revised limit curves is Commission has determined that these consideration for NCP operation during PECO Energy Company, Public Service amendments satisfy the criteria for shutdown modes. Incorporating these revised Electric and Gas Company, Delmarva curves does not create the possibility of an categorical exclusion in accordance Power and Light Company, and Atlantic with 10 CFR 51.22. Therefore, pursuant accident of a different type from any City Electric Company, Docket Nos. 50- previously evaluated for WCGS. to 10 CFR 51.22(b), no environmental 3. The proposed change does not involve 277 and 50–278, Peach Bottom Atomic impact statement or environmental a significant reduction in a margin of safety. Power Station, Unit Nos. 2 and 3, York assessment need be prepared for these The revision of these limit curves County, Pennsylvania amendments. If the Commission has continues to maintain the margin of safety Date of amendment request: August 6, prepared an environmental assessment required for prevention of non-ductile failure 1999. under the special circumstances of the WCGS reactor vessel during low Brief description of amendment temperature operation as required by 10 CFR provision in 10 CFR 51.12(b) and has 50, Appendices G and H. The revised curves request: The proposed amendments made a determination based on that primarily affect RCS operation below 350°F would revise the Technical assessment, it is so indicated. by limiting the available pressure/ Specifications (TSs) contained in For further details with respect to the temperature window for heatup and Appendix A to the Operating Licenses action see (1) The applications for cooldown. The revised limit curves to incorporate a note into the TSs which amendment, (2) the amendment, and (3) compensate for the in-service radiation will permit a one-time exemption, until the Commission’s related letter, Safety induced embrittlement of the reactor vessel September 30, 1999, from the 90°F limit Evaluation and/or Environmental and accounts for the requirement that the stated in Surveillance Requirement (SR) Assessment as indicated. All of these closure flange region temperature must 3.7.2.2. This SR currently requires that items are available for public inspection exceed the nil-ductility temperature by at least 120°F when pressure exceeds 20% of the average water temperature of the at the Commission’s Public Document normal heat sink be less than or equal Room, the Gelman Building, 2120 L the preservice hydrostatic test pressure. ° The revised COMS PORV Setpoint Limit to 90 F as demonstrated on a 24-hour Street, NW., Washington, DC, and at the Curve, which includes consideration of NCP frequency. As stated in the proposed TS local public document rooms for the operation during shutdown modes, ensures note, during the time period between particular facilities involved.

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Carolina Power & Light Company, within 45 days from the date of reflect the reduced Dose Equivalent I– Docket No. 50–261, H. B. Robinson issuance. 131 limit. Steam Electric Plant, Unit No. 2, Amendment Nos.: 179—Unit 1; 171— The February 23, 1999, letter Darlington County, South Carolina Unit 2. provided a revised control room dose Facility Operating License Nos. NPF– Date of application for amendment: calculation in support of both the June 35 and NPF–52: Amendments revised July 30, 1999. 18, 1996, and October 22, 1997, Brief description of amendment: The the Technical Specifications. amendment requests. Importantly, this Date of initial notice in Federal amendment revises Technical calculation assumed the lower Register: May 5, 1999 (64 FR 24195). allowable primary-to-secondary leak Specification (TS) 3.7.8, ‘‘Ultimate Heat The Commission’s related evaluation Sink (UHS),’’ to permit a 72-hour delay rate limit associated with the June 18, of the amendments is contained in a 1996, submittal, and the reduced RCS in the UHS temperature restoration Safety Evaluation dated August 13, period prior to entering the plant specific activity limits associated with 1999. the October 22, 1997, submittal. Because shutdown required actions. This TS No significant hazards consideration amendment is given as a temporary of this interdependence, the changes of comments received: No. the first amendment request must be amendment change effective until Local Public Document Room September 30, 1999, after which the TS implemented concurrently with those of Location: York County Library, 138 East the second in order for the supporting will revert back to the original TS Black Street, Rock Hill, South Carolina. provisions. analysis to remain valid. Hence, both of Date of issuance: August 24, 1999. Duquesne Light Company, et al., Docket these license amendment requests have Effective date: August 24, 1999. No. 50–412, Beaver Valley Power been combined into this single Amendment No.: 184. Station, Unit 2, Shippingport, amendment. Facility Operating License No. DPR– Pennsylvania Date of issuance: August 18, 1999. Effective date: As of the date of 23: Amendment revised the Technical Date of application for amendment: issuance and shall be implemented Specifications. June 18, 1996, as supplemented Public comments requested as to within 60 days. December 12, 1997, February 23, June Amendment No: 101. proposed no significant hazards 15, and July 15, 1999; and by separate consideration (NSHC): Yes (64 FR 43406 Facility Operating License No. NPF– application dated October 22, 1997, as 73. Amendment revised the Technical dated August 10, 1999). The notice supplemented February 23, June 28, and provided an opportunity to submit Specifications. July 15, 1999. Date of initial notice in Federal comments on the Commission’s Brief description of amendment: This proposed NSHC determination. No Register: November 18, 1998 (63 FR amendment implements: (1) voltage- 64109) and March 25, 1998 (63 FR comments have been received. The based repair criteria for BVPS–2 steam notice also provided for an opportunity 14485). The December 12, 1997, generator tubes similar to the changes February 23, June 15, June 28, and July to request a hearing by September 8, approved for BVPS–1 in License 1999, but indicated that if the 15, 1999, letters provided additional Amendment No. 198. The changes information but did not change the Commission makes a final NSHC revise BVPS–2 technical specifications determination, any such hearing would initial proposed no significant hazards (TSs) 4.4.5 and 3.4.6.2 and associated consideration determinations or expand take place after issuance of the Bases to reflect the guidance provided amendment. the amendment requests beyond the in the Nuclear Regulatory Commission’s scope of the Federal Register notices. The Commission’s related evaluation (NRC) Generic Letter 95–05, ‘‘Voltage- of the amendment, finding of exigent The Commission’s related evaluation Based Repair Criteria for Westinghouse of the amendment is contained in a circumstances, and final determination Steam Generator Tubes Affected by of NSHC are contained in a Safety Safety Evaluation dated August 18, Outside Diameter Stress Corrosion 1999. Evaluation dated August 24, 1999. Cracking,’’ (GL 95–05). Additionally, Attorney for licensee: William D. No significant hazards consideration BVPS–2 TS Table 4.4–2 is revised to Johnson, Vice President and Corporate comments received: No. reference TS 6.6 for reporting Secretary, Carolina Power & Light Local Public Document Room requirements. (2) reduced reactor Company, Post Office Box 1551, location: B. F. Jones Memorial Library, coolant system (RCS) specific activity Raleigh, North Carolina 27602. 663 Franklin Avenue, Aliquippa, PA NRC Section Chief: Sheri R. Peterson. limits in accordance with the NRC’s 15001. guidance provided in GL 95–05. The Duke Energy Corporation, et al., Docket definition of Dose Equivalent I–131 is Entergy Operations, Inc., Docket Nos. Nos. 50–413 and 50–414, Catawba replaced with the Improved Standard 50–313 and 50–368, Arkansas Nuclear Nuclear Station, Units 1 and 2, York TS definition in the first sentence, and One, Units 1 and 2, Pope County, County, South Carolina an equation is added based on dose Arkansas Date of application for amendments: conversion derived from the Date of amendment request: March 25, 1999. International Commission on Radiation November 24, 1998, as supplemented by Brief description of amendments: The Protection (ICRP) ICRP–30. TS 3.4.8, letters dated February 25 and July 14, amendments revise various parts of the Specific Activity, is revised by reducing 1999. Technical Specifications (Appendix A the Dose Equivalent I–131 limit from 1.0 Brief description of amendments: The of the Catawba operating licenses) to [micro] Ci [curies]/gram to 0.35 [micro] amendments revise the administrative identify that the Trip Setpoints for the Ci [curies]/gram for the 48-hour limit sections of the Technical Specifications reactor trip system and engineered and from 60 [micro] Ci [curies]/gram to to reflect the approved consolidated safety feature actuation system 21 [micro] Ci [curies]/gram for the quality assurance program, clarify the instrumentation are in reality Nominal maximum instantaneous limit. Item 4.a responsibilities of the shift technical Trip Setpoints. in TS Table 4.4–12, Primary Coolant advisor position on shift, simplify the Date of issuance: August 13, 1999. Specific Activity Sample and Analysis contents of the monthly operating report Effective date: As of the date of Program; TS Figure 3.4–1, and the Bases description, complete the relocation of issuance and shall be implemented for TS 3/4.4.8 are also modified to the fire protection requirements from

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.068 pfrm04 PsN: 08SEN1 48872 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices the Technical Specifications, and Florida Power Corporation, et al., Safety Evaluation dated August 16, replace selected position titles with Docket No. 50–302, Crystal River 1999. descriptions of functional Nuclear Generating Plant, Unit 3, Citrus No significant hazards consideration responsibility. County, Florida comments received: No. Date of issuance: August 26, 1999. Local Public Document Room Date of application for amendment: Effective date: As of the date of location: Coastal Region Library, 8619 October 30, 1998, as supplemented issuance and shall be implemented W. Crystal River, Florida 34428. within 60 days from the date of December 31, 1998, and May 12, 1999. issuance. Brief description of amendment: The Florida Power Corporation, et al., Amendment Nos.: 198 and 209. amendment approves changes to the Docket No. 50–302, Crystal River Unit Facility Operating License Nos. DPR– Improved Technical Specifications to No. 3 Nuclear Generating Plant, Citrus 51 and NPF–6: Amendments revised the reflect the use of Topical Report BAW– County, Florida Technical Specifications. 2421 for fluence determination and Date of application for amendment: Date of initial notice in Federal changes to the low temperature over- July 30, 1998, as supplemented April 8 Register: January 27, 1999 (64 FR 4156). pressure protection limits. Changes to and July 8, 1999. The February 25 and July 14, 1999, the CR–3 Pressure/Temperature Limits Brief description of amendment: letters provided clarifying information Report to reflect plant operation to 32 Revises Technical Specifications for the that did not change the initial proposed Effective Full Power Years were Control Room Emergency Ventilation no significant hazards consideration included in the submittal. System and the Ventilation Filter Test determination. Date of issuance: August 12, 1999. Program. The Commission’s related evaluation Effective date: As of date of issuance, Date of issuance: August 23, 1999. of the amendments is contained in a to be implemented prior to commencing Effective date: August 23, 1999. Safety Evaluation dated August 26, Cycle 12 operation. Amendment No.: 185. 1999. Amendment No.: 183. Facility Operating License No. DPR– No significant hazards consideration Facility Operating License No. DPR– 31: Amendment revised the Technical comments received: No. 72: Amendment revised the Technical Specifications. Local Public Document Room Specifications. Date of initial notice in Federal location: Tomlinson Library, Arkansas Date of initial notice in Federal Register: November 18, 1998 (63 FR Tech University, Russellville, Arkansas Register: December 30, 1998 (63 FR 64115). The April 8 and July 8, 1999, 72801. 71965). The supplemental letters dated supplements did not change the original Florida Power and Light Company, December 31, 1998, and May 12, 1999, proposed no significant hazards Docket No. 50–335, St. Lucie Plant, Unit did not change the original proposed no determination. No. 1, St. Lucie County, Florida significant hazards consideration The Commission’s related evaluation determination, or expand the scope of Date of application for amendment: of the amendment is contained in a the amendment request as originally Safety Evaluation dated August 23, November 22, 1998. noticed. Brief description of amendment: This 1999. The Commission’s related evaluation amendment revises the reactor thermal No significant hazards consideration of the amendment is contained in a margin safety limit lines and flow rates comments received: No. Safety Evaluation dated August 12, stated in the St. Lucie, Unit 1, technical Local Public Document Room 1999. specifications (TS). The amendment location: Coastal Region Library, 8619 No significant hazards consideration also updates the reference for dose W. Crystal River, Florida 34428. comments received: No. conversion factors used in Dose Local Public Document Room GPU Nuclear, Inc., et al., Docket No. 50– Equivalent Iodine-131 calculations, location: Coastal Region Library, 8619 289, Three Mile Island Nuclear Station, makes administrative changes to the W. Crystal Street, Crystal River, Florida Unit No. 1, Dauphin County, criticality analysis uncertainty 34428. Pennsylvania described in TS 5.6.1.a.1, updates the Date of application for amendment: Florida Power Corporation, et al., analytical methods used in determining December 3, 1998, as supplemented by Docket No. 50–302, Crystal River Unit core operating limits listed in TS letters dated March 26, April 16, May 7, No. 3 Nuclear Generating Plant, Citrus 6.9.1.11, and revises the TS Bases for May 21, June 4, June 15, and June 29, County, Florida the steam generator pressure-low trip 1999. setpoint. Date of application for amendment: Brief description of amendment: The Date of Issuance: August 18, 1999. November 30, 1998. Effective Date: August 18, 1999. amendment revises the Technical Amendment No.: 163. Brief description of amendment: The Specification Figure 2.1–1 ‘‘Core Facility Operating License No. NPF– Amendment revises Technical Protection Safety Limit,’’ and Figure 16: Amendment revised the TS. Specifications (TS) to allow both doors 2.1–3 ‘‘Core Protection Safety Bases’’ to Date of initial notice in Federal of the containment personnel air lock to reflect a decrease in reactor coolant Register: February 10, 1999 (64 FR be open during fuel movement and adds system flow resulting from a revised 6696). a provision for an outage equipment analysis to allow operation of the TMI– The Commission’s related evaluation hatch. 1 facility with an average of 20 percent of the amendment is contained in a Date of issuance: August 16, 1999. of the steam generator tubes plugged, Safety Evaluation dated August 18, Effective date: August 16, 1999. and no more than 25 percent plugged in 1999. Amendment No.: 184. either generator. No significant hazards consideration Facility Operating License No. DPR– Date of issuance: August 19, 1999. comments received: No. 31: Amendment revised the TS. Effective date: As of the date of Local Public Document Room Date of initial notice in Federal demonstration of a satisfactory location: Indian River Junior College Register: January 27, 1999 (64 FR 4157). emergency feedwater pump flow test, as Library, 3209 Virginia Avenue, Fort The Commission’s related evaluation described in the license amendment and Pierce, Florida 34954–9003. of the amendment is contained in a documented by the licensee, to be

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.069 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48873 performed during the 13R refueling Northeast Nuclear Energy Company, et Date of issuance: August 23, 1999. outage scheduled to begin September al., Docket Nos. 50–336 and 50–423, Effective date: This license 10, 1999, and shall be implemented Millstone Nuclear Power Station, Unit amendment is effective as of its date of within 30 days of that date. Nos. 2 and 3, New London County, issuance. The amendment will be Amendment No.: 214. Connecticut implemented within 30 days. Facility Operating License No. DPR– Amendments Nos.: 228 and 231. Date of application for amendment: 50. Amendment revised the Technical Date of initial notice in Federal March 5, 1999. Specifications. Register: May 5, 1999 (64 FR 24200). Brief description of amendment: The Date of initial notice in Federal The Commission’s related evaluation amendments relocate certain Technical Register: December 30, 1998 (63 FR of the amendments is contained in a Specifications (TSs) Section 6.0 71967). The supplements dated March Safety Evaluation dated August 23, administrative controls to the NRC- 26, April 16, May 7, May 21, June 4, 1999. June 15, and June 29, 1999, are within approved Northeast Utilities Quality No significant hazards consideration the scope of the original notice and do Assurance Program (NUQAP) Topical comments received: No. not change the proposed no significant Report. Specifically, Sections 6.2.3 (Unit Local Public Document Room hazards consideration finding. 3 only), 6.5, 6.6 (partial), 6.7 (partial), location: Government Publications The Commission’s related evaluation and 6.10. The amendments also delete Section, State Library of Pennsylvania, of the amendment is contained in a parts of Section 6.6 and 6.7 because (Regional Depository) Education Safety Evaluation dated August 19, their requirements are duplicated in Building, Walnut Street and 1999. existing regulations or elsewhere in the Commonwealth Avenue, Box 1601, No significant hazards consideration TSs. In addition, the amendments Harrisburg, PA 17105. comments received: No. modify the table of contents and other Local Public Document Room TS sections to incorporate the PP&L, Inc., Docket Nos. 50–387 and 50– location: Law/Government Publications aforementioned changes (e.g., correct 388, Susquehanna Steam Electric Section, State Library of Pennsylvania, references). Station, Units 1 and 2, Luzerne County, (Regional Depository) Walnut Street and Date of issuance: August 13, 1999. Pennsylvania Commonwealth Avenue, Box 1601, Effective date: As of the date of Date of application for amendments: Harrisburg, PA 17105. issuance and shall be implemented November 20, 1998, as supplemented by GPU Nuclear, Inc., et al., Docket No. 50– within 60 days from the date of letter dated June 25, 1998. 289, Three Mile Island Nuclear Station, issuance. Brief description of amendments: Unit 1, Dauphin County, Pennsylvania Amendment Nos.: 239 and 173. These amendments modified technical Facility Operating License Nos. DPR– specification surveillance requirement, Date of application for amendment: 65 and NPF–49: Amendments revised 3.8.1.4, to allow increases in the February 2, 1999 as supplemented July the Technical Specifications. minimum fuel oil required to be stored 29, 1999. Date of initial notice in Federal in the day tanks for emergency diesel Brief description of amendment: The Register: April 7, 1999 (64 FR 17027). amendment expands the scope of generators. The Commission’s related evaluation Date of issuance: August 23, 1999. systems and test requirements for post- of the amendment is contained in a accident reactor building sump Effective date: As of the date of Safety Evaluation dated August 13, issuance and shall be implemented recirculation engineered safeguards 1999. features systems and increases the within 30 days. No significant hazards consideration Amendment Nos.: 185 and 159. maximum allowable leakage of TS 4.5.4 comments received: No. from 0.6 gallons per hour (gph) to 15.0 Facility Operating License Nos. NPF– Local Public Document Room 14 and NPF–22. The amendments gph. location: Learning Resources Center, Date of issuance: August 24, 1999. revised the Technical Specifications. Three Rivers Community-Technical Effective date: As of the date of Date of initial notice in Federal College, 574 New London Turnpike, issuance and shall be implemented Register: January 27, 1999 (64 FR 4159). Norwich, Connecticut, and the within 120 days. The supplemental letter provided Amendment No.: 215. Waterford Library, ATTN: Vince clarifying information and did not Facility Operating License No. DPR– Juliano, 49 Rope Ferry Road, Waterford, change the initial no significant hazards 50. This amendment revised the Connecticut. consideration determination. Technical Specifications. PECO Energy Company, Public Service The Commission’s related evaluation Date of initial notice in Federal Electric and Gas Company Delmarva of the amendments is contained in a Register: March 24, 1999 (64 FR 14283). Power and Light Company, and Atlantic Safety Evaluation dated August 23, The supplemental letter did not City Electric Company, Docket Nos. 50– 1999. change the initial no significant hazards 277 and 50–278, Peach Bottom Atomic No significant hazards consideration consideration determination or the Power Station, Unit Nos. 2 and 3, York comments received: No. Local Public Document Room Federal Register notice. County, Pennsylvania The Commission’s related evaluation location: Osterhout Free Library, of the amendment is contained in a Date of application for amendments: Reference Department, 71 South Safety Evaluation dated August 24, February 12, 1999, as supplemented Franklin Street, Wilkes-Barre, PA 18701. 1999. July 8, 1999. The July 8, 1999, letter Southern California Edison Company, et No significant hazards consideration provided clarifying information and did al., Docket Nos. 50–361 and 50–362, comments received: No. not change the original no significant Local Public Document Room hazards consideration determination. San Onofre Nuclear Generating Station, location: Law/Government Publications Brief description of amendments: Units 2 and 3, San Diego County, Section, State Library of Pennsylvania, Administrative changes to correct California (Regional Depository) Walnut Street and typographical and editorial errors in Date of application for amendments: Commonwealth Avenue, Box 1601, Technical Specifications introduced in December 19, 1997, as supplemented Harrisburg, PA 17105. previous amendments. June 1, 1998, and May 13, 1999.

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Brief description of amendments: The Local Public Document Room The July 15, 1999, supplement amendments revise TS 3.4.9, location: Main Library, University of provided revised Technical Pressurizer, to reduce the allowable California, P. O. Box 19557, Irvine, Specification pages and clarifying pressurizer water volume for pressurizer California 92713. information that was within the scope of operability. The allowable water volume the original Federal Register notice and Southern Nuclear Operating Company, did not change the staff’s initial is also revised to a percent pressurizer Inc., Docket No. 50–348, Joseph M. proposed no significant hazards level of 57 percent. Farley Nuclear Plant, Unit 1, Houston Date of issuance: August 19, 1999. consideration determination. County, Alabama. Effective date: August 19, 1999, to be The Commission’s related evaluation implemented within 30 days of Date of amendment request: April 23, of the amendments is contained in a issuance. 1999, as supplemented by letters dated Safety Evaluation dated August 19, Amendment Nos.: Unit 2—155; Unit July 22, July 30 and August 12, 1999. 1999. 3—146. Brief Description of amendment: The No significant hazards consideration Facility Operating License Nos. NPF– amendment adds an additional comments received: No. 10 and NPF–15: The amendments condition to the license which allows Local Public Document Room revised the Technical Specifications. Southern Nuclear Operating Company location: Wharton County Junior Date of initial notice in Federal to operate Unit 1 for Cycle 16 based on College, J. M. Hodges Learning Center, Register: March 25, 1998 (63 FR 14488). a risk-informed approach to evaluate 911 Boling Highway, Wharton, Texas The Commission’s related evaluation steam generator tube structural integrity. 77488. of the amendments is contained in a Date of issuance: August 17, 1999. Effective date: As of the date of Tennessee Valley Authority, Docket Safety Evaluation dated August 19, Nos. 50–260 and 50–296, Browns Ferry 1999. issuance and shall be implemented within 30 days from the date of Nuclear Plant, Units 2 and 3, Limestone No significant hazards consideration County, Alabama comments received: No. issuance. Local Public Document Room Amendment No.: 143. Date of application for amendment: location: Main Library, University of Facility Operating License No. NPF–2: June 3, 1999 (TS 397). California, P. O. Box 19557, Irvine, Amendment revises the Facility Brief description of amendment: The Operating License to add a license California 92713. Amendments change the Technical condition. Specifications (TS) by reducing the Southern California Edison Company, et Date of initial notice in Federal Allowable Value used for Reactor Vessel al., Docket Nos. 50–361 and 50–362, Register: June 16, 1999 (64 FR 32291). Water Level—Low, Level 3 for several San Onofre Nuclear Generating Station, The Commission’s related evaluation instrument functions. Units 2 and 3, San Diego County, of the amendments is contained in a Date of issuance: August 16, 1999. California Safety Evaluation dated August 17, Effective date: August 16, 1999. 1999. Amendment Nos.: 260 and 219. Date of application for amendments: No significant hazards consideration Facility Operating License Nos. DPR– September 4, 1998, as supplemented comments received: No. 52 and DPR–68: Amendments revise the December 8, 1998, and February 16, Local Public Document Room TS. 1999 (PCN 493). location: Houston-Love Memorial Date of initial notice in Federal Brief description of amendments: The Library, 212 W. Burdeshaw Street, Post Register: July 14, 1999 (64 FR 38037). amendments revise Technical Office Box 1369, Dothan, Alabama. The Commission’s related evaluation Specification 3.4.10, Pressurizer Safety of the amendment is contained in a Valves, to increase the as-found STP Nuclear Operating Company, Safety Evaluation dated August 16, pressurizer safety valve setpoint Docket Nos. 50–498 and 50–499, South 1999. tolerances. Texas Project, Units 1 and 2, Matagorda No significant hazards consideration Date of issuance: August 19, 1999. County, Texas. comments received: No. Effective date: August 19, 1999, to be Date of amendment request: March Local Public Document Room implemented within 30 days of 22, 1999, as supplemented July 15, location: Athens Public Library, 405 E. issuance. 1999. South Street, Athens, Alabama 35611. Amendment Nos.: Unit 2—156; Unit Brief description of amendments: The Vermont Yankee Nuclear Power 3—147. amendments revised Technical Corporation, Docket No. 50–271, Facility Operating License Nos. NPF– Specification 3/4.7.1.6, ‘‘Atmospheric Vermont Yankee Nuclear Power Station, 10 and NPF–15: The amendments Steam Relief Valves,’’ and added a new Vernon, Vermont revised the Technical Specifications. Technical Specification for atmospheric Date of initial notice in Federal steam relief valve instrumentation, to Date of application for amendment: Register: February 10, 1999 (64 FR ensure that the automatic feature of the April 16, 1999, as supplemented June 9, 6711). The licensee’s letters dated steam generator power-operated relief 1999. December 8, 1998, and February 16, valves (i.e., the atmospheric steam relief Brief description of amendment: The 1999, provided clarifications and valves) remains operable during Modes amendment clarifies the inservice additional information that were within 1 and 2. inspection requirements regarding the the scope of the original Federal Date of issuance: August 19, 1999. granting of relief from the American Register notice and did not change the Effective date: August 19, 1999, to be Society of Mechanical Engineers staff’s initial proposed no significant implemented within 30 days. (ASME) Code requirements by the NRC. hazards consideration determination. Amendment Nos.: Unit 1—114; Unit The amendment also made changes to The Commission’s related evaluation 2—102. reflect previous NRC approval of the use of the amendments is contained in a Facility Operating License Nos. NPF– of ASME Code Case N–560. Safety Evaluation dated August 19, 76 and NPF–80: The amendments Date of Issuance: August 13, 1999. 1999. revised the Technical Specifications. Effective date: As of the date of No significant hazards consideration Date of initial notice in Federal issuance, and shall be implemented comments received: No. Register: April 21, 1999 (64 FR 19565). within 30 days.

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Amendment No.: 172. ACTION: Notice of alterations to Privacy two pre-existing routine uses that Facility Operating License No. DPR– Act system of records. encompass litigation-related disclosures 28. Amendment revised the Technical have been combined into a single Specifications. SUMMARY: The Commission proposes to category. Date of initial notice in Federal amend its system of records. The system notice also contains new Register: July 14, 1999 (64 FR 38037). The proposed changes will update the routine uses either required by law or The Commission’s related evaluation system and ensure consistency with the which the Commission anticipates may of this amendment is contained in a Privacy Act of 1974, as amended. be necessary in the performance of Safety Evaluation dated August 13, DATES: See SUPPLEMENTARY INFORMATION agency business. These include 1999. section. disclosure of information to the No significant hazards consideration ADDRESSES: Send comments to the National Archives and Records comments received: No. attention of Margaret P. Crenshaw, Administration, to agency contractors, Local Public Document Room Secretary, Postal Rate Commission, 1333 and to the OMB for potential private location: Brooks Memorial Library, 224 H Street NW., Washington, DC 20268– relief legislation. One of these new Main Street, Brattleboro, VT 05301. 0001. routine uses reflects the requirement that federal agencies report wage Vermont Yankee Nuclear Power FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, information quarterly to the Parent Corporation, Docket No. 50–271, Locator Service, as prescribed by Pub. L. Vermont Yankee Nuclear Power Station, Postal Rate Commission, at 202–789– 6820. 104–193, the Personal Responsibility Vernon, Vermont and Work Opportunity Reconciliation SUPPLEMENTARY INFORMATION: The Postal Date of application for amendment: Act. Rate Commission gives notice, in The system notice does not contain a June 24, 1999. accordance with the Privacy Act of Brief description of amendment: The routine use for any computer matching 1974, 5 U.S.C. 552a(e)(4), of its systems activities that might be performed on amendment clarifies the basis for the of records and their routine uses, which reactor protection system bypass of the records contained in PRC–1, as the have changed since the Commission’s Commission has not performed such turbine stop valve closure and turbine last publication of a notice. The control valve fast closure scram signals matching activities in the past, and does Commission is also proposing revisions not intend to do so in the future. at low power. The amendment clarifies in its rules implementing the Privacy that the analytical basis for this bypass However, the Commission provides Act, contained in 39 CFR part 3003, to payroll records to the Postal Service for corresponds to a fraction of reactor rated clarify their application and to shorten thermal power and not other measures routine processing, and it is possible and simplify their language. These that the Postal Service might use of power, for instance, turbine power. changes will also be published in the Date of Issuance: August 13, 1999. information about Commission Federal Register. personnel in a computer matching Effective date: As of the date of PRC–1. To date, the Commission’s issuance, and shall be implemented activity. In order to fulfill its statutory sole system of records for Privacy Act obligations regarding potential matching within 30 days. purposes has been PRC–1, named Amendment No.: 173. activities, particularly under the Official Personnel Files. This system Computer Matching and Privacy Facility Operating License No. DPR– consists of information pertaining to 28.: Amendment revised the Technical Protection Amendments of 1998 (Pub.L. Commission personnel generally. 100–508), the Commission is Specifications. However, it does not explicitly include Date of initial notice in Federal transmitting a notice informing the all related records maintained by the Postal Service of its policy that use of Register: July 14, 1999 (64 FR 38038). Commission, such as information employee records for computer The Commission’s related evaluation regarding travel by Commission matching may be conducted only with of this amendment is contained in a personnel on official business. In order express Commission approval, and Safety Evaluation dated August 13, to indicate clearly that all such requesting the Postal Service to exclude 1999. information is included in the system, Commission employees from any No significant hazards consideration the Commission is replacing the matching activities it otherwise comments received: No. previously-described PRC–1 with a conducts. Local Public Document Room more comprehensive system extending PRC–2. As noted above, the revised location: Brooks Memorial Library, 224 to all personnel, pay, leave and travel PRC–1 will incorporate all Commission Main Street, Brattleboro, VT 05301. records. This new system, to be named records pertaining to its employees. Dated at Rockville, Maryland, this 1st day Personnel, Pay, Leave, and Travel, will Virtually all other information in the of September 1999. continue to be designated PRC–1. This Commission’s possession concerning For the Nuclear Regulatory Commission. system is described in the first section individuals occurs in the pleadings and Suzanne C. Black, of Appendix A to Order No. 1256. other filings submitted by participants Deputy Director, Division of Licensing Project The Commission is also revising its in the Commission’s postal rate, mail Management, Office of Nuclear Reactor statement of the routine uses of records classification, and other official public Regulation. contained in PRC–1. Two previously proceedings. Note: The Commission [FR Doc. 99–23300 Filed 9–7–99; 8:45 am] published routine uses are being maintains a short press list containing BILLING CODE 7590±01±P abolished because they have not the names, affiliations, addresses, and occurred in actual practice, and thus are telephone numbers of reporters in their apparently unnecessary. Other routine professional capacity. In the uses have been reworded, either to Commission’s view, this list does not POSTAL RATE COMMISSION accommodate expansions in the use of qualify as a system of records for Privacy Act of 1974; System of records made by the Commission or the Privacy Act purposes. Various Records Postal Service, or to conform with Commission offices also maintain language recommended by the Office of correspondence files that may contain AGENCY: Postal Rate Commission. Management and Budget (OMB). The some information about individuals in

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In order to salary; time and attendance; alternate Information may be disclosed to any provide public notice of the existence of work schedules; biographical source from which additional information about individuals in this information; leave accrual rate, usage, information is requested (to the extent principal substantive record-keeping and balances; training; Civil Service necessary to identify the individual, system, the Commission proposes to Retirement and Federal Employees’ inform the source of the purpose(s) of establish another system of records, to Retirement System contributions; FICA the request, and to identify the type of be designated PRC–2. withholdings; Federal, State, and local information requested), when necessary As the notice (which also appears as tax withholdings; Federal Employees’ to obtain information relevant to a Appendix A to Order No. 1256) states, Group Life Insurance withholdings; decision concerning retention of an this system contains names, addresses, Federal Employees’ Health Benefits employee or other personnel action and contact information for anyone who withholdings; charitable deductions; (other than hiring), retention of a intervenes in a Commission proceeding, allotments to financial organizations; security clearance, the letting of a together with all filings, answers, garnishment documents; savings bonds contract, or the issuance or retention of exhibits and other submissions allotments; travel expenses; parking a grant, or other benefit. provided to the Commission. Because permits; carpools; building security D. Disclosure to Requesting Agency all these materials are public records records; employee locator; and under the terms of 39 CFR 3001.42(b), information on the fare subsidy Disclosure may be made to a Federal, the system notice states under the program. State, local, foreign, or tribal or other ‘‘Routine Uses’’ heading that all records public authority of the fact that this in this system are public and will be AUTHORITY FOR MAINTENANCE OF THE SYSTEM: system of records contains information disclosed to any person upon request. 39 U.S.C. 3603, 44 U.S.C. 3101, 5 relevant to the retention of an employee, Order 1256. The information U.S.C. ch. 57 (relating to travel, the retention of a security clearance, the contained in this notice was distributed transportation, and subsistence), letting of a contract, or the issuance or to the Docket No. R97–1 service list as together with any amendments. retention of a license, grant, or other part of Order No. 1256 (issued July 7, benefit. The other authority may then PURPOSE(S): 1999). Paragraph No. 1 of Order No. make a request supported by the written 1256 invited interested persons to These records are used to administer consent of the individual for the record submit comments on the proposed pay, leave, travel, parking, fare if it chooses. No disclosure will be made revisions the system of records no later subsidies, and other administrative unless the information has been than August 23, 1999. Ordering functions. determined to be sufficiently reliable to paragraph No. 2 directed the Secretary support a referral to the authority or to ROUTINE USES OF RECORDS MAINTAINED IN THE another Federal agency for criminal, of the Commission to arrange for SYSTEM, INCLUDING CATEGORIES OF USERS AND publication of a Notice and Order in the THE PURPOSE OF SUCH USES: civil, administrative, personnel, or Federal Register in a manner consistent regulatory action. A. Disclosure to the U.S. Postal Service with applicable requirements. Given the E. Disclosure to Office of Management delay in publication, persons who did The U.S. Postal Service handles and Budget not comment by the date set out in payroll and other disbursements on Order No. 1256, but who nevertheless behalf of the Postal Rate Commission. Information may be disclosed to the wish to comment, should contact the As a result, records related to payroll Office of Management and Budget at any Secretary at 202–789–6840 for further functions, travel, and other stage in the legislative coordination and information. The Commission disbursements are disclosed as a routine clearance process in connection with anticipates providing further use to the U.S. Postal Service. The private relief legislation as set forth in information regarding an effective date records from the Commission are OMB Circular No. A–19. in a subsequent notice. incorporated into Privacy Act systems of F. Disclosure to Congressional Offices Dated: September 1, 1999. records maintained by the U.S. Postal Information may be disclosed to a Margaret P. Crenshaw, Service and are routinely disclosed for purposes defined in those systems of congressional office from the record of Secretary. records. The main systems of records at an individual in response to an inquiry PRC±1 the U.S. Postal Service are Finance from the congressional office made at Records—Payroll System (USPS the request of the individual. SYSTEM NAME: 050.020), and Finance Records— G. Disclosure During Litigation Personnel, Pay, Leave, and Travel. Employee Travel Records (USPS 050.010). Information may be disclosed to the SECURITY CLASSIFICATION: Department of Justice, or in a B. Disclosure for Law Enforcement None. proceeding before a court, adjudicative Purposes body, or other administrative body SYSTEM LOCATION: Information may be disclosed to the before which the Postal Rate 1333 H Street NW., Suite 300, appropriate Federal, State, local, or Commission is authorized to appear, Washington, DC 20268–0001. foreign agency responsible for when: investigating, prosecuting, enforcing, or 1. The Commission, or any CATEGORIES OF INDIVIDUALS COVERED BY THE implementing a statute, rule, regulation, component thereof; or SYSTEM: or order, if the information indicates a 2. Any employee of the Commission Current and former employees. violation or potential violation of civil in his or her official capacity; or

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3. Any employee of the Commission that agency’s responsibility for maintained in Commission offices, and in his or her individual capacity where evaluation and oversight of Federal public access to Commission offices is the Department of Justice or the personnel management. controlled. Commission has agreed to represent the L. Disclosure in Connection with RETENTION AND DISPOSAL: employee; or 4. The United States, when the Litigation Records are maintained for varying Commission determines that litigation is Information from this system of periods of time, in accordance with likely to affect the Commission or any records may be disclosed in connection NARA General Records Schedules 2 of its components is a party to litigation with litigation or settlement discussions (pay and leave) and 9 (travel). regarding claims by or against the Postal or has an interest in such litigation, and SYSTEM MANAGER(S) AND ADDRESS: the use of such records by the Rate Commission, including public Chief Administrative Officer, Postal Department of Justice or the filing with a court, to the extent that Rate Commission, 1333 H Street NW., Commission is deemed by the disclosure of the information is relevant Suite 300, Washington, DC 20268–0001. Commission to be relevant and and necessary to the litigation or necessary to the litigation provided, discussions and except where court NOTIFICATION PROCEDURE: however, that in each case it has been orders are otherwise required under RECORD ACCESS PROCEDURES: determined that the disclosure is section (b)(11) of the Privacy Act of compatible with the purpose for which 1974, 5 U.S.C. 552a(b)(11). All requests should be directed to the the records were collected. System Manager. Requesters will be M. Disclosure for Child Support required to provide adequate H. Disclosure to the National Archives Enforcement identification, such as a driver’s license, Information may be disclosed to the The name, Social Security Number, employee identification card, or other National Archives and Records home address, date of birth, date of hire, identifying document, and dates of Administration in records management quarterly earnings, employer identifying employment. information, and State of hire for each inspections. CONTESTING RECORD PROCEDURES: employee may be disclosed to the Office I. Disclosure to Contractors, Grantees, of Child Support Enforcement, All requests should be directed to the and Others Administration for Children and System Manager. Requesters will be Information may be disclosed to Families, Department of Health and required to provide adequate contractors, grantees, consultants, or Human Services for the purpose of identification, such as a driver’s license, volunteers performing or working on a locating individuals to establish employee identification card, or other contract, service, grant, cooperative paternity, establishing and modifying identifying document, and dates of agreement, job, or other activity for the orders of child support, identifying employment. Postal Rate Commission and who need sources of income, and for other child RECORD SOURCE CATEGORIES: the information in the performance of support enforcement actions as required Information in this system of records their duties or activities for the by the Personal Responsibility and is obtained from: the subject of the Commission. If appropriate, recipients Work Opportunity Reconciliation Act record; employment applications, will be required to comply with the (Welfare Reform Law, Pub. L. 104–193). references, and other employment- requirements of the Privacy Act of 1974 related sources; the official personnel as provided in 5 U.S.C. 552a(m). DISCLOSURE TO CONSUMER REPORTING AGENCIES: file from the Office of Personnel J. Disclosures for Administrative Claims, Information from this system of Management; and internal Postal Rate Complaints and Appeals records may be disclosed to a consumer Commission documents, including time Information from this system of reporting agency as provided in 31 and attendance records, leave slips, records may be disclosed to an U.S.C. 3711. travel requests, performance authorized appeal grievance examiner, evaluations, training records, and POLICIES AND PRACTICES FOR STORING, similar internal documents. formal complaints examiner, equal RETRIEVING, ACCESSING, RETAINING, AND employment opportunity investigator, DISPOSING OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: arbitrator or other person properly STORAGE: None. engaged in investigation or settlement of Records are stored in paper, in an administrative grievance, complaint, PRC±2 folders, in file cabinets, and on the claim, or appeal filed by an employee, Postal Rate Commission’s computer SYSTEM NAME: but only to the extent that the network. information is relevant and necessary to Docket Room Records (PRC–2). the proceeding. Agencies that may RETRIEVABILITY: SECURITY CLASSIFICATION: obtain information under this routine Records may be retrieved by name, None. use include, but are not limited to, the Social Security Number, or other Office of Personnel Management, Office identification number. SYSTEM LOCATION: of Special Counsel, Merit Systems 1333 H Street NW, Suite 300, SAFEGUARDS: Protection Board, Federal Labor Washington, DC 20268–0001. Relations Authority, Equal Employment Records are maintained in locked file Opportunity Commission, and Office of cabinets or combination safes and on CATEGORIES OF INDIVIDUALS COVERED BY THE Government Ethics. computers and computer networks that SYSTEM: use password protections and other Individuals who intervene in Postal K. Disclosure to the Office of Personnel system controls to prevent unauthorized Rate Commission proceedings and Management access by Postal Rate Commission staff. individuals whose name and other Information from this system of Firewalls prevent access to internal identifying information appears in records may be disclosed to the Office Commission documents by outsiders. records filed in connection with Postal of Personnel Management pursuant to All records and computer facilities are Rate Commission proceedings.

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CATEGORIES OF RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURE: Schedule 13E–4 is filed pursuant to This system contains names, All requests should be directed to the Section 13(e)(1) of the Exchange Act by addresses, and contact information for System Manager. Requesters will be issuers conducting a tender offer. This anyone who intervenes in a proceeding required to provide adequate information is needed to provide full before the Postal Rate Commission; identification, such as a driver’s license, and fair disclosure to the investing submissions, filings, answers, exhibits, employee identification card, or other public. Schedule 13E–4 takes and any other record provided to the identifying document, and dates of approximately 232 hours to prepare and Commission and made public under employment. is filed by an estimated 121 respondents Commission rule 3001.42(b). annual for a total of 28,072 burden RECORD SOURCE CATEGORIES: hours. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Information in this system of records Written comments are invited on: (a) 39 U.S.C. 3603. is obtained from intervenors in Postal whether the proposed collection of Rate Commission proceedings and from information is necessary for the proper PURPOSE: Commission staff. performance of the functions of the These records are used under the EXEMPTIONS CLAIMED FOR THE SYSTEM: agency, including whether the Postal Rate Commission’s rules and None. information will have practical utility; procedures in Commission proceedings, (b) the accuracy of the agency’s estimate decisions, opinions, and other activities [FR Doc. 99–23303 Filed 9–7–99; 8:45 am] of burden of the collection of authorized by law. BILLING CODE 7710±FW±P information; (c) ways to enhance the quality, utility, and clarity of the ROUTINE USES OF RECORDS MAINTAINED IN THE information collected; and (d) ways to SYSTEM, INCLUDING CATEGORIES OF USERS AND SECURITIES AND EXCHANGE THE PURPOSES OF SUCH USES: minimize the burden of the collection of COMMISSION information on respondents, including All records in this system are public through the use of automated collection and will be disclosed to any person Proposed Collection; Comment techniques or other forms of information upon request. Request technology. Consideration will be given POLICIES AND PRACTICES FOR STORING, Upon Written Request, Copies to comments and suggestions submitted RETRIEVING, ACCESSING, RETAINING, AND Available From: Securities and in writing within 60 days of this DISPOSING OF RECORDS IN THE SYSTEM: Exchange Commission, Office of Filings publication. Please direct your written comments STORAGE: and Information Services, Washington, DC 20549. to Michael E. Bartell, Associate Records are stored in paper, in Executive Director, Office of folders, in file cabinets, and on the Extension: Form 40–F, SEC File No. 270–335; Information Technology, Securities and Postal Rate Commission’s computer Exchange Commission, 450 5th Street, network. OMB Control No. 3235–0381 Schedule 13E–4, SEC File No. 270– N.W., Washington, D.C. 20549. RETRIEVABILITY: 190; OMB Control No. 3235–0203 Dated: August 26, 1999. Records may be retrieved by name or Notice is hereby given that, pursuant Margaret H. McFarland, docket number. to the Paperwork Reduction Act of 1995 Deputy Secretary. (44 U.S.C. 3501 et seq.), the Securities [FR Doc 99–23236 Filed 9–7–99; 8:45 am] SAFEGUARDS: and Exchange Commission BILLING CODE 8010±01±M Records are maintained in the Postal (‘‘Commission’’) is soliciting comments Rate Commission’s Docket Room, on on the collection of information computer networks, and on the summarized below. The Commission SECURITIES AND EXCHANGE Commission website. All records and plans to submit these existing COMMISSION computer facilities are maintained in collections of information to the Office [Release No. 35±27071] Commission offices, and public access of Management and Budget for to Commission offices is controlled. extension and approval. Filings Under the Public Utility Holding Form 40–F is used by certain RETENTION AND DISPOSAL: Company Act of 1935, as amended Canadian issuers to register securities (``Act'') Records are disposed of in accordance pursuant to Section 12 of the Securities with approved record schedules. Most Exchange Act of 1934 (‘‘Exchange Act’’) August 31, 1999. records pertaining to Commission or as an annual report pursuant to Notice is hereby given that the decisions are retained permanently. Section 13(a) or 15(d) of the Exchange following filing(s) has/have been made Act. The information required under with the Commission pursuant to SYSTEM MANAGER(S) AND ADDRESS: cover of Form 40–F can be used by provisions of the Act and rules Chief Administrative Officer, Postal security holders, investors, broker- promulgated under the Act. All Rate Commission, 1333 H Street NW., dealers, investment banking firms, interested persons are referred to the Suite 300, Washington, DC 20268–0001. professional securities analysts and application(s) and/or declaration(s) for NOTIFICATION PROCEDURE: others in evaluating securities and complete statements of the proposed making investment decisions with transaction(s) summarized below. The RECORD ACCESS PROCEDURES: respect to securities of certain Canadian application(s) and/or declaration(s) and All requests should be directed to the companies. Form 40–F takes any amendments is/are available for System Manager. Requesters will be approximately 2 hours to prepare and is public inspection through the required to provide adequate filed by an estimated 100 respondents Commission’s Branch of Public identification, such as a driver’s license, for a total annual response of 200 Reference. employee identification card, or other burden hours. It is estimated that 25% Interested persons wishing to identifying document, and dates of (50 hours) of the 200 hours would be comment or request a hearing on the employment. prepared by the company. application(s) and/or declaration(s)

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.140 pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48879 should submit their views in writing by of February 26, 1999, 103,572,623 corporation (‘‘First Merger’’). PSNC will September 27, 1999, to the Secretary, shares of SCANA common stock, no par be merged with and into New Sub II, Securities and Exchange Commission, value, were issued and outstanding. with New Sub II as the surviving Washington, D.C. 20549–0609, and SCANA’s principal executive office is corporation (‘‘Preferred Second Merger’’ serve a copy on the relevant applicant(s) located in Columbia, South Carolina. and, together with the First Merger, and/or declarant(s) at the address(es) SCANA has thirteen direct, wholly ‘‘Mergers’’).3 As a result of the Preferred specified below. Proof of service (by owned, nonutility subsidiary companies Second Merger, PSNC will become a affidavit or, in case of an attorney at that engage in a wide range of energy wholly owned subsidiary company of law, by certificate) should be filed with and telecommunications-related SCANA. the request. Any request for hearing services. For the year ended December The terms of the First Merger provide should identify specifically the issues or 31, 1998, SCANA had total assets of holders of SCANA common stock with facts of law that are disputed. A person $5.281 billion, net utility assets of an opportunity to exchange their shares who so requests will be notified of any $3,787 billion, total operating revenues for a specified cash payment. In the hearing, if ordered, and will receive a of $1,632 billion, and net income of First Merger, each share of SCANA copy of any notice or order issued in the $115 million. SCANA neither owns nor common stock outstanding immediately matter. After September 27, 1999, the operates any physical properties. As of prior to that merger’s effective time will application(s) and/or declaration(s), as December 31, 1998 SCANA employed, be converted into the right to receive filed or as amended, may be granted in conjunction with its subsidiaries, a and/or permitted to become effective. total of 4,697 full-time employees. either (i) $30 in cash or (ii) one share of PSNC is a public utility company SCANA common stock. This provision SCANA Corporation (70–9521) franchised to serve a 31-county area in is subject to a requirement that SCANA SCANA Corporation (‘‘SCANA’’), North Carolina. It transports, distributes, pay $700 million in total cash as 1426 Main Street, Columbia, South and sells natural gas to approximately consideration in the Mergers. If the First Carolina 29201, a South Carolina public 340,000 residential, commercial, and Merger occurs, it will be consummated utility holding company exempt from industrial customers in 95 cities in prior to the consummation of the registration under section 3(a)(1) of the North Carolina. In connection with its Preferred Second Merger. The First Act, has filed an application under natural gas distribution business, PSNC Merger will not involve the acquisition sections 5, 9(a)(2), 10, and 11 of the Act. promotes, sells, and installs both new of any securities of a public utility SCANA proposes to acquire, by and replacement natural gas appliances company, and SCANA does not seek means of the transactions described and equipment. PSNC has seven any Commission approvals in below, Public Service Company of partially or wholly owned nonutility connection with the First Merger. North Carolina, Incorporated (‘‘PSNC’’), subsidiaries that engage primarily in The terms of the Preferred Second a North Carolina corporation and gas energy-related activities. Merger provide holders of PSNC public-utility company. PSNC would For the fiscal year ended September common stock with an opportunity to become a wholly owned subsidiary 30, 1998, 20,274,332 shares of PSNC exchange their shares for a specified company of SCANA and the third common stock, $1 par value, were sum of cash, shares of SCANA common public utility company, within the outstanding, and PSNC had total assets stock, or a combination of each. meaning of the Act, owned by SCANA. of $618,753,000, operating revenues of Immediately prior to the effective time Following its acquisition of PSNC, $330,672,000, and net income of of the Preferred Second Merger, each SCANA would register under section 5 $24,837,000. As of May 11, 1999 it had share of PSNC common stock then of the Act. approximately 1,000 employees. PSNC outstanding will be converted into the SCANA, PSNC, and their respective owns 750 miles of transmission right to receive (1) $33.00 in cash, subsidiaries have also filed in File No. pipelines, 6,727 miles of distribution subject to the limitation that no more 70–9533 an application-declaration mains, and ownership and leasehold than 50% of the aggregate consideration related to financing SCANA’s proposed interests in various buildings used in to be paid to PSNC shareholders be in registered holding company system and connection with its operations. cash, (2) a number of shares of SCANA the establishment of a service company Under an Amended and Restated common stock determined according to Agreement and Plan of Merger (‘‘Merger for that system. A notice of that filing is a formula described below, or (3) a Agreement’’), dated as of February 16, being issued simultaneously with this combination of cash and shares of 1999 and amended and restated as of notice. SCANA common stock. The ratio by SCANA is engaged primarily in May 10, 1999 by and among PSNC, which PSNC shares will be exchanged providing electric and gas service to SCANA, New Sub I, Inc. (‘‘New Sub I’’) 1 for SCANA shares will be established customers in South Carolina. SCANA’s and New Sub II, Inc. (‘‘New Sub II’’),2 immediately prior to the Preferred two current public utility company New Sub I will be merged with and into Second Merger and will be based upon subsidiaries are South Carolina Electric SCANA, with SCANA as the surviving the average market price of SCANA and Gas Company (‘‘SCE&G’’) and South common stock over the preceding 20 Carolina Generating Company, Inc. 1 New Sub I will be incorporated under the laws trading day period. This ratio is subject (‘‘GENCO’’). SCE&G generates and sells of South Carolina prior to the consummation of the First Merger and will be a wholly owned subsidiary to the limitation that PSNC shareholders electricity to wholesale and retail of SCANA. SCANA states that at no time will New will receive no more than 1.45 and no customers, and purchases, sells, and Sub I have any operations other than the activities less than 1.02 shares of SCANA transports natural gas at retail. SCE&G contemplated by the Merger Agreement as also provides public transit service in necessary to merge New Sub I with and into SCANA. 3 The Merger Agreement also provides that, in the Columbia, South Carolina. GENCO 2 New Sub II will be incorporated under the laws event it is not possible to consummate the Preferred owns and operates the Williams Station of South Carolina prior to the consummation of the Second Merger, the parties would, subject to certain generating facility and sells electricity Preferred Second Merger and will be a wholly conditions, carry out an ‘‘alternative merger’’ solely to SCE&G. As of December 31, owned subsidiary of SCANA. SCANA states that at transaction in which PSNC would be merged no time will New Sub II have any operations other directly into SCANA’s existing public utility 1998, SCANA provided electric utility than the activities contemplated by the Merger subsidiary, SCE&G. The request for approval made service to 517,447 customers and gas Agreement as necessary to merge PSNC with and in SCANA’s application concerns only the Preferred utility service to 256,842 customers. As into New Sub II. Second Merger.

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.192 pfrm04 PsN: 08SEN1 48880 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices common stock for each share of PSNC (collectively ‘‘Applicants’’), have filed stock, no par value (subject to common stock. an application-declaration under adjustment to reflect any stock split), up The Preferred Second Merger will be sections 6(a), 7, 9(a), 10, 12, and 13(b) to an aggregate amount of 13.6 million accounted for under the purchase of the Act and rules 42, 43, 45, 54, 87, shares, including issuances under its method of accounting, in accordance 88, 90, and 91 under the Act. benefit and dividend reinvestment with Generally Accepted Accounting SCANA has also filed a related plans. SCANA also proposes to issue Principles. As a regulated utility, the application-declaration in File No.70– common-stock options. assets and liabilities of the acquired 9521 seeking approvals required to Second, SCANA requests company, PSNC, will not be revalued to complete its proposed acquisition of authorization to issue long-term debt estimates of fair value, but will be PSNC (‘‘Merger’’). a notice of that filing securities in an amount, when maintained at their recorded amounts. If is being issued simultaneously with this combined with its issuances of common the Mergers are consummated, SCANA’s notice. stock (other than for benefit or dividend financial statements will reflect effects The Applicants propose to enter into reinvestment plans), not to exceed of transaction adjustments only from the numerous types of financing $1.435 billion. the long-term debt time Preferred Second Merger is transactions to meet SCANA’s capital securities would consist of medium- effective. The First Merger will be requirements immediately following the term notes issued under an indenture. treated as a reorganization with no Merger and to plan future financing. Third, SCANA requests authorization change in the recorded amount of They request authorization to engage in to have outstanding at any one time up SCANA’s assets and liabilities. The these financing transactions for five to $950 million of short-term debt, financial statements of SCANA will years commencing on the date of an consisting of bank borrowings, become the financial statements of the order issued responding to their commercial paper, or bid notes. The surviving corporation in the First application-declaration (‘‘Authorization short-term debt would be used to refund Merger, and the results of the surviving Period’’). pre-Merger short-term debt, to provide corporation’s operations will include for the reissuance of pre-Merger letters 1. General Terms and Conditions of the results of PSNC’s operations of credit, and to provide financing for Financing commencing at the time the Preferred general corporation purposes, working Second Merger becomes effective. Financings by each Applicant would capital requirements, and capital Following the Preferred Second be subject to the following limitations: expenditures for the Applicants other Merger, PSNC will become a wholly (i) the effective cost of money on long- than SCANA until long-term financing owned public utility company term debt securities will not exceed 300 can be obtained. subsidiary of SCANA. The Merger basis points over comparable term U.S. Fourth, SCANA requests Agreement provides that SCANA’s Treasury securities, and the effective authorization to engage in hedging principal corporate office will remain in cost of money on short-term securities transactions intended to manage the Columbia, South Carolina and that will not exceed 300 basis points over volatility of interest rates, including PSNC’s principal corporate office will the comparable term London Interbank interest rate swaps, caps, floors, collars, remain in Gastonia, North Carolina. Offered Rate; (ii) maturity of and forward agreements or any other indebtedness will not exceed 50 years; SCANA Corporation (70–9533) similar agreements. SCANA would (iii) the underwriting fees, commissions, employ interest rate swaps to manage SCANA Corporation (‘‘SCANA’’), a or similar remuneration paid in the risk associated with any of its South Carolina public utility holding connection with the issue, sale, or outstanding debt authorized by the company exempt from registration distribution of a security will not exceed Commission. under section 3(a)(1) of the Act, and its 5% of the principal amount of the subsidiaries South Carolina Electric and financing; and (iv) at all times during 3. Utility Subsidiary Financing Gas Company (‘‘SCE&G’’); South the Authorization Period SCANA’s The Applicants request authorization Carolina Generating Company, Inc. common equity will be at least 30% of for SCE&G, GENCO, and PSNC (‘‘Utility (‘‘GENCO’’); South Carolina Fuel its consolidated capitalization. Subsidiaries’’) to issue up to $300 Company, Inc.; South Carolina Pipeline The proceeds from the sale of million in short-term debt consisting of Corporation; SCANA Energy Marketing securities in external financing commercial paper, unsecured bank Inc.; SCANA Propane Gas, Inc.; SCANA transactions would be used for general loans, and borrowings under a SCANA Propane Storage, Inc.; SCANA corporate purposes including: (i) the holding company system money pool. Communications, Inc.; Servicecare Inc.; financing, in part, of the capital These issuances of securities would Primesouth, Inc.; SCANA Resources expenditures of the SCANA system; (ii) comply with the general terms and Development Corporation; SCANA the financing of working capital conditions for financing transactions Petroleum Resources, Inc.; and SCANA requirements of the SCANA system; (iii) described above. Any short-term Service Company (‘‘SCANA Service’’), the acquisition, retirement, or borrowings by the Utility Subsidiaries, all located at 1426 Main Street, redemption of existing securities; and when combined with short-term Columbia, South Carolina 29201; Public (iv) direct or indirect investment in borrowings by SCANA, would not Service Company of North Carolina, companies whose activities the exceed $1.2 billion at any time during Incorporated (‘‘PSNC’’), a North Commission authorizes in connection the Authorization Period. In addition, Carolina public utility company, and its with the Merger, as well as energy- the Applicants request authorization for subsidiaries Sonat Public Service related and gas-related companies, as the Utility Subsidiaries to enter into Company LLC; Clean Energy defined in rule 58(b), and exempt hedging transactions of the same type Enterprises; Cardinal Pipeline telecommunications companies, as under the same conditions as those Company, LLC; Pine Needle LNG defined in section 34(a) of the Act. applicable to SCANA. Company, LLC; PSNC Blue Ridge Corporation; PSNC Cardinal Pipeline 2. External Financing 4. Nonutility Subsidiary Financing Company; and PSNC Production SCANA requests authorizations for The Applicants believe that in most Corporation, all located at 400 Cox four types of external financing. First it cases rule 52(b) under the Act would Road, Gastonia, North Carolina 28054 seeks authorization to issue common exempt borrowings by any Applicant

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SCANA Service will be incorporated Commission reserve jurisdiction over Surplus funds of the two money pools in South Carolina and will act as the the issuance to nonassociates of may be combined in common short-term SCANA holding company system’s securities that are not exempt under rule investments, but SCANA Service will service company following the Merger. 52(b). The Nonutility Subsidiaries state maintain separate records of these It will provide a variety of that when a proposed issuance of a funds. The Applicants request the administrative, management, and Commission to reserve jurisdiction over security is not exempt under rule 52(b) support services. The Applicants participation in a money pool by future they will file a post-effective anticipate that SCANA Service will be companies formed by SCANA until a amendment requesting the necessary staffed through a transfer of personnel post-effective amendment is filed authorization. from SCANA, SCE&G, and PSNC. The naming the new participant. 5. Other Securities Applicants state that SCANA Service’s SCANA may find it necessary or 8. Changes in Capital Stock accounting and cost allocation methods desirable to issue and sell other types of The Applicants request authority to will comply with Commission standards securities during the Authorization change the terms of the authorized for service companies in registered Period in addition to those specifically capital stock of any wholly owned holding-company systems, and that its enumerated in the application- System Subsidiary by an amount billing system will follow the declaration. SCANA requests that the SCANA or an immediate parent Commission’s Uniform System of Commission reserve jurisdiction over company deems appropriate. the Accounts for Mutual Service Companies the issuance of additional types of application-declaration states that a and Subsidiary Service Companies. securities. System Subsidiary would be able to Except as permitted by the Act or the change the par value, or change between Commission, all services that SCANA 6. Guarantees par and no-par stock, without additional Service provides to affiliated companies SCANA requests authorization to Commission approval. Any action of will be performed on an ‘‘at cost’’ basis enter into guarantees, obtain letters of this type by a Utility Subsidiary would in accordance with rules 90 and 91. credit, enter into expense agreements, or be subject to, and would be taken only To ensure adequate oversight and otherwise provide support that its direct upon receipt of, necessary approvals by realize economies of scale, some or indirect subsidiaries existing at the the state commission in the state or administrative and service functions for time the Merger is consummated or that states where the Utility Subsidiary is the SCANA holding company system are subsequently formed (‘‘System incorporated and doing business. will be consolidated and provided Subsidiaries’’) need in the ordinary through SCANA Service. As a general 9. Payment of Dividends course of their respective businesses. rule, the individual system companies The aggregate principal amount of this The Applicants request authorization will perform those services that can best credit support would not exceed $305 to pay dividends out of the additional be done at the company level, with million. The debt would comply with paid-in-capital account of PSNC up to SCANA Service offering system-wide the general terms and conditions for the amount of PSNC’s aggregate retained coordination, strategy, oversight, and financing transactions described above. earnings just prior to the Merger and out other services when that proves to be of earnings before the amortization of more efficient. 7. Money Pool the goodwill thereafter. SCANA and the Utility Subsidiaries 12. Other Services request authorization to establish a 10. Financing Entities utility money pool, and the Nonutility The Applicants seek authorization for SCE&G, PSNC and other associate Subsidiaries request authorization to any Applicant other than SCANA to companies of SCANA request establish a Nonutility money pool. The organize new corporations, trusts, authorization to enter into leases of Utility Subsidiaries, to the extent that a partnerships, or other entities created office or other space with associate transaction is not exempt under rule 52, for the purpose of facilitating financings companies. The Utility Subsidiaries request authorization to make through issuance of securities to third may also provide services to each other unsecured short-term borrowings from parties. The Applicants also request that are incidental to their utility the utility money pool, contribute authority for (1) the issuance of debt businesses, such as maintenance and surplus funds to the utility money pool, instruments by an Applicant other than emergency repairs and the services of and lend and extend credit to (and SCANA to a financing entity in return personnel with special expertise. The acquire promissory notes from) one for the financing proceeds, (2) the Utility Subsidiaries will enter into another through the utility money pool. acquisition by an Applicant other than software license agreements with other The Nonutility Subsidiaries may SCANA of voting interests or equity companies in the SCANA holding participate in a Nonutility money pool. securities issued by a financing entity, company system. The Applicants state The application-declaration states that and (3) the guarantee by the Applicant that all of these agreements and services rule 52 exempts the Nonutility money of the financing entity’s obligations. will comply with the requirements of pool activities of the Nonutility Each of the Applicants other than rules 87, 90, and 91. Subsidiaries from the Act’s prior- SCANA requests authorization to enter SCANA Fuel Company, Inc. (‘‘SCANA approval requirements. SCANA is into expense agreements with its Fuel’’) enters into contracts with SCE&G requesting authorization to contribute respective financing entity, under which to provide environmental and fuel- surplus funds and to lend and extend it would agree to pay all expenses of related services. SCANA Fuel provides credit to (a) the Utility Subsidiaries that entity. Any amounts issued by these services ‘‘at cost,’’ as determined through the utility money pool and (b) financing entity to a third party would under rules 90 and 91.

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13. Tax Allocation Agreement maintenance margin requirements for organizations (‘‘OSROs’’), subject to 4 The Applicants have requested hedging strategies that pair stock approval by the Commission. In a rule approval of an agreement to allocate positions with options (e.g., filing approved by the Commission in consolidated taxes among SCANA and conversions, collar). 1997, the Exchange adopted various the other Applicants (‘‘Tax Allocation The text of the proposed rule change margin requirements pertaining to Agreement’’). The Applicants require is available at the Office of the options that were to be deleted from Secretary, the Exchange, and the 5 this approval because the Tax allocation Regulation T. That previous margin Commission. Agreement allows SCANA to retain filing also contained several necessary certain payments for tax losses it has II. Self-Regulatory Organization’s changes that clarified certain provisions incurred, rather than allocate them to Statement of the Purpose of, and and established better consistency with the other Applicants without payment, Statutory Basis for, the Proposed Rule the margin rules of the New York Stock as rule 45(c)(5) would otherwise require. Change Exchange. SCANA will create tax credits through In accordance with Regulation T, the In its filing with the Commission, the OSROs have the ability, subject to SEC the Merger that are nonrecourse to the Exchange included statements other Applicants. The Applicants state approval, to adopt rules governing the concerning the purpose of, and basis for, margin treatment of options.6 The that SCANA should retain the benefits the proposed rule change and discussed of those tax credits. Exchange therefore proposes to revise any comments it received on the its margin rules to implement For the Commission by the Division of proposed rule change. The text of these enhancements long desired by Exchange Investment Management, under delegated statements may be examined at the members and member firms, public authority. places specified in Item IV below. The investors, and Exchange staff. The Margaret H. McFarland, Exchange has prepared summaries, set Exchange believes that certain multiple Deputy Secretary. forth in section A, B, and C below, of options position strategies and other [FR Doc. 99–23237 Filed 9–7–99; 8:45 am] the most significant aspects of such strategies that combine stock with statements. BILLING CODE 8010±01±M option positions warrant recognition for A. Self-Regulatory Organization’s purposes of establishing more equitable Statement of the Purpose of, and margin requirements. Currently, the SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule components of such strategies must be COMMISSION Change margined separately. The Exchange believes the risk limitation that results [Release No. 34±41808; File No. SR±Amex± 1. Purpose 99±27] in the component positions are viewed The Exchange proposes to revise collectively is not reflected in current Self-Regulatory Organizations; Notice Exchange Rule 462, ‘‘Minimum margin requirements. The Exchange of Filing of Proposed Rule Change by Margins,’’ to: (i) permit the extension of further believes that market participants the American Stock Exchange LLC To credit on certain long term options and should have the ability to utilize these Revise the Exchange's Margin warrants, and certain long box spreads strategies for the least amount of margin Requirements comprised entirely of European-style necessary. The other significant change options; (ii) recognize butterfly and box August 30, 1999. sought by the Exchange would permit spread strategies for purposes of margin the extension of credit on certain long Pursuant to Section 19(b)(1) of the treatment and establish appropriate term options and warrants. Securities Exchange Act of 1934 margin requirements; (iii) recognize In developing this proposal, the 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, various strategies involving stock (or Exchange reviewed all of its margin notice is hereby given that on July 23, other underlying instruments) paired rules with a view toward updating or 1999, the American Stock Exchange LLC with a long option, and provide for improving margin provisions as (‘‘Exchange’’ or ‘‘Amex’’) filed with the lower maintenance margin requirements necessary. The Exchange also found it Securities and Exchange Commission on such hedged stock positions; (iv) necessary to propose minor changes to (‘‘Commission’’) the proposed rule expand the types of short positions that certain rules because they are closely change as described in Items I, II, and would be considered ‘‘covered’’ in a related to, and will be impacted by, the III below, which Items have been cash account; specifically, certain short more substantive proposals. prepared by the Exchange. The positions that are components of limited a. Definitions Section. Presently, the Commission is publishing this notice to risk spread strategies (e.g., butterfly and Exchange’s definition of ‘‘current solicit comments on the proposed rule box spreads); (v) allow a bank issued market value’’ is equivalent to the change from interested persons. escrow agreement to serve as cover for definition found in Regulation T. I. Self-Regulatory Organization’s certain spread positions held in a cash Instead of repeating the Regulation T Statement of the Terms of Substance of account; and (vi) update and improve, definition, the proposal would revise the Proposed Rule Change as necessary, current margin rules. Previously, the margin requirements 4 See Board of Governors of the Federal Reserve The Exchange proposes to revise governing options were set forth in System Docket No. R–0772 (Apr. 26, 1996), 61 FR Exchange Rule 462, ‘‘Minimum Regulation T, ‘‘Credit by Brokers and 20386 (May 6, 1996). Margins.’’ Principally, the revisions Dealers.’’ 3 However, amendments to 5 See Securities Exchange Act Release No. 38710 (June 2, 1997), 62 FR 31638 (June 10, 1997). would permit the extension of credit on Regulation T that became effective June certain long term options and warrants 6 The Chicago Board Options Exchange (‘‘CBOE’’), 1, 1997, modified or deleted certain New York Stock Exchange (‘‘NYSE’’), and Pacific (i.e., more than 9 months from margin requirements regarding options Exchange (‘‘PCX’’) have filed similar margin expiration); revise the margin transactions in favor of rules to be proposals with the Commission. The CBOE requirements for butterfly spreads and adopted by the options self-regulatory proposal was approved on July 27, 1999. See box spreads; and modify the Securities Exchange Act Release No. 41658 (July 27, 1999), 64 FR 47736 (Aug. 5, 1999). The NYSE and 3 12 CFR 220 et seq. The Board of Governors of PCX margin proposals are still pending with the 1 15 U.S.C. 78s(b)(1). the Federal Reserve System adopted Regulation T Commission. See File Nos. SR–NYSE–99–03 and 2 17 CFR 240.19b–4. pursuant to Section 7(a) of the Act. SR–PCX–98–59.

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Because the value), plus 100% of the amount, if any, carrying broker-dealer, the proposal will Exchange and other OSROs intend to by which the current market value of require that the initial credit balance, seek a change in the Regulation T the OTC option or warrant exceeds the plus an amount equal to the difference definition, a linkage to the Regulation T in-the-money amount. between the initial credit and the total definition will keep the Exchange’s When the time remaining until risk, must be held in the account in the definition equivalent without requiring expiration for an option or warrant form of cash or cash equivalents. The a future rule filing. (listed and OTC) on which credit has total risk potential in a short butterfly The Exchange also seeks to adopt been extended reached 9 months, the spread comprised of call options is the definitions for the ‘‘butterfly spread’’ maintenance margin requirement will aggregate difference between the two and ‘‘box spread’’ options strategies. become 100% of the current market lowest exercise prices. With respect to The definitions are an important part of value. short butterfly spreads comprised of put the Exchange’s proposal to recognize c. Extension of Credit on Long Box options, the total risk potential is the and specify cash and margin account Spread Comprised Entirely of European- aggregate difference between the two requirements for butterfly and box style Options. The Exchange also highest exercise prices. Therefore, to spreads. These proposals are outlined proposes to allow the extension of credit carry short butterfly spreads in the cash below in Sections II(A)(1) (c) and (d). on a long box spread comprised entirely account, the proposal will require that The Exchange believes that the of European-style options. A long box is cash or cash equivalents equal to the definitions are necessary to establish in a strategy comprised of four option maximum risk must be held or specific terms what multiple options positions that essentially lock-in the deposited. positions, if held together, qualify for ability to buy and sell the underlying Short box spreads also generate a classification as butterfly or box component or index for a profit, even credit balance when established. The spreads, and consequently are eligible after netting the cost of establishing the net credit received from selling a box for proposed cash and margin treatment. long box. The two exercise prices spread will cover nearly all, but not Finally, the Exchange seeks to define embedded in the strategy determine the 100%, of the debit (loss) that would the term ‘‘listed.’’ Because the term buy and the sell price. The Exchange accrue to the account if held to ‘‘listed’’ is frequently used in the believes that because the cost of expiration. The Exchange believes that Exchange’s margin rules, the Exchange establishing the long box spread is the credit should be retained in the believes it would be more efficient to covered by the profit realizable at account. Therefore, the proposal will define the term once rather than expiration, there is no risk in carrying require that cash or cash equivalents specifying the meaning of the term each the debit incurred to establish the long covering the maximum risk, which is time it is used. box spread. Although the Exchange equal to the aggregate difference in the b. Extension of Credit on Long Term believes that 100% of the debit could be two exercise prices involved, must be Options, Stock Index Warrants, Foreign loaned, the Exchange proposes a margin held or deposited. Currency Warrants, and Currency Index requirement that approximates 50% of In addition, the proposal will allow Warrants. The Exchange proposes to the debit. The Exchange’s proposal will an escrow agreement to be used in lieu permit the extension of credit on certain require 50% of the aggregate difference of the cash or cash equivalents required listed, long term options and warrant in the two exercise prices (buy and sell), to carry short butterfly and box spreads products (including currency and index which results in a margin requirement in the cash account. warrants, but excluding traditional stock slightly higher than 50% of the debit e. Margin Account Treatment of warrants issued by a corporation on its typically incurred. This is both an Butterfly and Box Spreads. Currently, own stock).7 Only those long term initial and maintenance margin the Exchange’s margin rules do not options or warrants that are more than requirement. The proposal will afford a recognize butterfly and box spreads for 9 months from expiration will be long box spread position a market value margin purposes. Therefore, margin eligible for credit extension. The for margin equity purposes of not more requirements tailored to the risks of proposal requires initial and than 100% of the aggregate exercise these respective strategies, which the maintenance margin of not less than price differential. Exchange believes have limited risk, are 75% of the current market value of a d. Cash Account Treatment of not currently provided. A butterfly listed, long term option or warrant. Butterfly and Box Spreads. The proposal spread is a paring of two standard Therefore, a broker-dealer would be able will make butterfly and box spreads in spreads, one bullish and one bearish. to loan up to 25% of the current market cash-settled, European-style options The two spreads (bullish and bearish) value of a listed, long term option or eligible for the cash account. To qualify must be margined separately under the warrant. for carrying in the cash account, the Exchange’s current margin rules. The The proposal also will permit the butterfly and box spreads must meet the Exchange believes that this practice extension of credit on long term options specifications contained in the proposed requires more margin than necessary and warrants not listed or traded on a definition section. The proposal will because the two spreads serve to offset registered national securities exchange require full cash payment of the debit each other with respect to risk. The or a registered securities association that is incurred when a long butterfly or Exchange believes that the two (‘‘OTC options’’). However, in addition long box spread strategy is established. individual spreads should be viewed in to being more than 9 months from The Exchange believes that if the debit combination to form a butterfly spread, expiration, an OTC option or warrant is fully paid, there is no market risk to and that commensurate with the lower must be in-the-money and guaranteed the carrying broker-dealer. combined risk, investors should receive by the carrying broker-dealer. The Short butterfly spreads generate a the benefit of lower margin proposal requires initial and credit balance when established. requirements. However, in the worst case scenario, The Exchange’s proposal would 7 Throughout the entirety of this notice, the term where all options are exercised, a debit recognize as a distinct strategy butterfly ‘‘warrant(s)’’ means this type of warrant. (loss) greater than the initial credit spreads held in margin accounts, and

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.203 pfrm04 PsN: 08SEN1 48884 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices specify requirements that are the same underlying component. The five purchase (buy-in) price. The short put is as the cash account requirements for strategies are: (i) Long Put/Long Stock; covered by the short stock and the long butterfly spreads.8 Specifically, in the (ii) Long Call/Short Stock; (iii) call is a right to buy the stock (in this case of a long butterfly spread, the net Conversion; (iv) Reverse Conversion; case closing the short position) at a debit must be paid in full. For short and (v) Collar. Proposed Exchange Rule predetermined price—the call exercise butterfly spreads comprised of call 462(d)(10)(B)(iv), ‘‘Exceptions,’’ will price. Regardless of any rise in market options, the initial and maintenance identify and set forth the margin value, the stock can be acquired for the margin must equal at least the aggregate requirements for these hedging call exercise price; in effect, the short difference between the two lowest strategies. position is valued at no more than the exercise prices. For short butterfly the five strategies are summarized call exercise price. The Long Call/Short spreads comprised of put options, the below in terms of a stock position held Stock hedge described above is a initial and maintenance margin must in conjunction with an overlying option Reverse Conversion without the short equal at least the aggregate difference (or options). However, the proposal is put, or simply short stock offset by a between the two highest exercise prices. structured to also apply to components long call. The net credit received from the sale of that underlie index options and A ‘‘Collar’’ is a long stock position the short option components may be warrants. held in conjunction with a long put and applied towards the margin requirement The Exchange’s proposal only a short call. A Collar differs from a for short butterfly spreads. addresses maintenance margin relief for Conversion in that the exercise price of The proposed requirements for box the stock component (or other the put is lower than the exercise price spreads held in a margin account, where underlying instrument) of the five of the call in the Collar strategy; all option positions making up the box proposed strategies. The Exchange therefore, the options do not constitute spread are listed or guaranteed by the believes that a reduction in the initial a pure synthetic short stock position. carrying broker-dealer, also are the same margin requirement for the stock The Long Put/Long Stock hedge as those applied to the cash account. component of these strategies is not mentioned above is similar to a Collar With respect to long box spreads, where currently possible because the 50% without the short call, or simply long the component options are not initial margin requirement in Regulation stock hedged by a long put. European-style, the proposal would T continues to apply, and the Exchange The proposal would establish reduced require full payment of the net debit has no independent authority to lower maintenance margin requirements for that is incurred when the spread the initial margin requirement for stock. the stock component of these five strategy is established. For short box However, the Exchange notes that the strategies as follows: Federal Reserve Board is considering spreads held in the margin account, the 1. Long Put/Long Stock proposal would require that cash or recognizing the reduced risk afforded cash equivalents covering the maximum stock by these options strategies for the The lesser of: • 10% of the put exercise price, plus risk, which is equal to the aggregate purpose of lowering initial stock margin 100% of any amount by which the put difference in the two exercise prices requirements, and is also considering other changes that would facilitate risk- is out-of-the money; or involved, be deposited and maintained. • 25% of the long stock market value. The net credit received from the sale of based margins. the short option components may be The ‘‘Long Put/Long Stock’’ and the 2. Long Call/Short Stock applied towards the requirement. ‘‘Long Call/Short Stock’’ hedging strategies are very similar to the The lesser of: Generally, long and short box spreads • 10% of the call exercise price, plus ‘‘Collar’’ and ‘‘Reverse Conversion’’ will not be recognized for margin equity 100% of any amount by which the call strategies, respectively, and are purposes; however, the proposal will is out-of-the-money; or allow loan value for one type of long addressed below in reference to the • the maintenance margin box spread where all component Collar and Reverse Conversion requirement on the short stock options have a European-style exercise descriptions. A ‘‘Conversion’’ is a long stock 3. Conversion provision and are listed or guaranteed position held in conjunction with a long by the carrying broker-dealer. As noted • 10% of the exercise price. put and a short call. The put and call above in Section II(A)(1)(c), the margin The stock may not be valued at more must have the same expiration and required for a long box spread than the exercise price.9 exercise price. The long put/short call is comprised entirely of European-style essentially a synthetic short stock 4. Reverse Conversion options is 50% of the aggregate position that offsets the long stock, and difference in the two exercise prices • 10% of the exercise price, plus any the exercise price of the options acts 10 framing the strategy. This is both an in-the-money amount. like a predetermined sale price. The initial and maintenance margin short call is covered by the long stock 5. Collar requirement. For margin equity and the long put is a right to sell the purposes, a long box spread made up of The lesser of: stock at a predetermined price—the put European-style options could not be exercise price. Regardless of any decline 9 The writer of a call option has an obligation to valued at more than 100% of the in market value, the stock is, in effect, sell the underlying component at the call exercise aggregate exercise price differential. price. The writer cannot receive the benefit of a f. Margin Account Treatment of Stock worth no less than the put exercise market value that is above the call exercise price Positions Held with Options Positions. price. because, if assigned an exercise. The underlying A ‘‘Reverse Conversion’’ is a short component would be sold at the exercise price, not In addition to butterfly and box spreads, stock, short put, and long call trio. the market price. the Exchange proposes to recognize five 10 Again, the put and call must have the The writer of a put option has an obligation to options strategies that are designed to buy the underlying component at the put exercise same expiration and exercise price. The limit the risk of a position in the price. If assigned an exercise, the underlying long call/short put is essentially a component would be purchased (the short position synthetic long stock position that offsets effectively closed) at the exercise price, even in the 8 The margin requirements would apply to event the market price is lower. To offset the benefit butterfly spreads where all option positions are the short stock, and the exercise price of to the account of a lower market value, the put in- listed or guaranteed by the carrying broker-dealer. the options acts like a predetermined the-money amount is added to the requirement.

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• 10% of the put exercise price, plus discrimination between customers, For the Commission, by the Division of 100% of any amount by which the put issuers, brokers, and dealers. Market Regulation, pursuant to delegated is out-of-the-money; or authority.13 • B. Self-Regulatory Organization’s 25% of the call exercise price. Statement on Burden on Competition Margaret H. McFarland, The stock may not be valued at more Deputy Secretary. than the call service price. The Exchange believes that the [FR Doc 99–23239 Filed 9–7–99; 8:45 am] proposed rule change will not impose These same maintenance margin BILLING CODE 8010±01±M any burden on competition. requirements will apply, for example, when these strategies are used with a C. Self-Regulatory Organization’s mutual fund or a stock basket Statement on Comments on the SECURITIES AND EXCHANGE underlying index option or warrants. Proposed Rule Change From Members, COMMISSION g. Effect of Mergers and Acquisitions Participants or Others on the Margin Required for Short Equity [Release No. 34±41814; File No. SR±BSE± The Exchange did not solicit or 99±11] Options. The Exchange proposes to receive comments with respect to the adopt Commentary .10 to Exchange Rule proposed rule change. 462 to provide an exception to the Self-Regulatory Organizations; Notice margin requirement for short equity III. Date of Effectiveness of the of Filing of Proposed Rule Change by options in the event trading in the Proposed Rule Change and Timing for the Boston Stock Exchange, Inc., underlying security ceases due to a Commission Action Implementing a Post Primary Session merger or acquisition. Under this August 31, 1999. exception, if an underlying security Within 35 days of the date of ceases to trade due to a merger or publication of this notice the Federal Pursuant to Section 19(b)(1) of the acquisition, and a cash settlement price Register or within such longer period (i) Securities Exchange Act of 1934 has been announced by the issuer of the as the Commission may designate up to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 option, margin would be required only 90 days of such date if its finds such notice is hereby given that on July 13, for in-the-money options and would be longer period to be appropriate and 1999, the Boston Stock Exchange, Inc. set at 100% of the in-the-money publishes its reasons for so finding, or (‘‘BSE’’ or ‘‘Exchange’’) filed with the amount. (ii) as to which the Exchange consents, Securities and Exchange Commission the Commission will: h. Determination of Value for Margin (‘‘Commission’’) the proposed rule Purposes. The proposal will revise (A) By order approve the proposed change as described in Items I, II, and Exchange Rule 462(d)(1) to make it rule change, or III below, which Items have been consistent with the other portion of the (B) Institute proceedings to determine prepared by the Exchange. The Exchange’s proposal that allows the whether the proposed rule change Commission is publishing this notice to extension of credit on certain long term should be disapproved. solicit comments on the proposed rule change from interested persons. options. Currently, Exchange Rule IV. Solicitation of Comments 462(d)(1) does not allow the market I. Self-Regulatory Organization’s value of long term options to be Interested persons are invited to Statement of the Terms of Substance of considered for margin equity purposes. submit written data, views and the Proposed Rule Change The revision will allow options and arguments concerning the foregoing, warrants eligible for loan value pursuant including whether the proposed rule The Exchange proposes to extend the to proposed Exchange Rules 462(c) and change is consistent with the Act. close of trading on the BSE from 4:00 (d) to be valued at current market prices Persons making written submissions p.m.3 to 4:15 p.m., creating a new Post for margin purposes. The Exchange should file six copies thereof with the Primary Session (‘‘PPS’’) . The text of believes this change is necessary to Secretary, Securities and Exchange the proposed rule is available at the ensure that the value of the option or Commission, 450 Fifth Street, N.W., BSE, and at the Commission. warrant (the collateral) is sufficient to Washington, D.C. 20549–0609. Copies of cover the debit carried in conjunction the submissions, all subsequent II. Self-Regulatory Organization’s with the purchase. amendments, all written statements Statement of the Purpose of, and Statutory Basis for, the Proposed Rule i. OTC Options. The proposal makes with respect to the proposed rule Change some minor corrections to the table in change that are filed with the Exchange Rule 462 that displays the Commission, and all written In its filing with the Commission, the margin requirements for short OTC communications relating to the Exchange included statements options. proposed rule change between the concerning the purpose of and basis for Commission and any persons, other 2. Statutory Basis the proposed rule change and discussed than those that may be withheld from any comments it received on the The Exchange believes that the the public in accordance with the proposed rule change. The text of these proposed rule change is consistent with provisions of 5 U.S.C. 552, will be statements may be examined at the Section 6(b) of the Act.11 in general, and available for inspection and copying in places specified in Item IV below. The furthers the objectives of Section the Commission’s Public Reference Exchange has prepared summaries, set 6(b)(5),12 in particular, in that it is Section, 450 Fifth Street, N.W., forth in sections A, B, and C below, of designed to prevent fraudulent and Washington, D.C. 20549. Copies of such the most significant aspects of such manipulative acts and practices, filing will also be available for statements. promote just and equitable principles of inspection and copying at the principal office of the Exchange. All submissions trade, and does not permit unfair 13 17 CFR 200.30–3(a)(12). should refer to File No. SR–Amex–99– 1 15 U.S.C. 78s(b)(1). 11 15 U.S.C. 78f(b). 27 and should be submitted by 2 17 CFR 240.19b–4. 12 15 U.S.C. 78f(b)(5). September 29, 1999. 3 All references to time are Eastern Time.

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A. Self-Regulatory Organization’s Order may be executed during regular information with respect to, and Statement of the Purpose of, and the trading hours or after the PPS, at 5:00 facilitating transactions in securities; Statutory Basis for, the Proposed Rule p.m., but no GTX Order may be and is not designed to permit unfair Change executed during the PPS. discrimination between customers, BEACON as a Routing System. issuers, brokers or dealers. 1. Purpose ‘‘BEACON’’ is the acronym for the The purpose of the proposed rule Boston Exchange Automated B. Self-Regulatory Organization’s change is to extend the close of trading Communication Order-routing Network. Statement on Burden on Competition on the BSE from 4:00 p.m. to 4:15 p.m., It provides a system for the automated The Exchange does not believe that creating a new PPS. Pursuant to Chapter execution of orders on the Exchange the proposed rule change will impose I–B Section 1 (Primary Session), the under predetermined conditions. Orders any burden on competition that is not current trading hours at the Exchange accepted under the system may be necessary or appropriate in furtherance are from 9:30 a.m. until 4:00 p.m. The executed on a fully automated or of the purposes of the Act. PPS will extend these house for an manual basis. The Exchange proposes to C. Self-Regulatory Organization’s additional fifteen minutes until 4:15 amend Chapter IIB, Section 3(b), to Statement on Comments on the p.m. Under the proposal, all Exchange indicate that BEACON will continue to Proposed Rule Change Received From rules applicable to floor trading during operate as a routing system for PPS Members, Participants or Others the Exchange’s Primary Session will eligible orders, but will not provide an continue to apply during the PPS, with automatic execution mechanism. No written comments were either the following exceptions: (1) only orders Operation of the ITS System During solicited or received. that are designated ‘‘PPS’’ will be the PPS. In the amendment to Chapter III. Date of Effectiveness of the eligible for execution; (2) limit orders on IIB, Section 3(a), the BSE represents that Proposed Rule Change and Timing for the book from the Primary Session will ITS will be available for both inbound Commission Action not be eligible for execution, but will and outbound commitments during the carry over to the next day; (3) there will PPS to the extent that other market Within 35 days of the date of be no automated executions; (4) there centers (i.e., the Pacific Exchange, Inc. publication of this notice in the Federal will be no application of the Execution (‘‘PCX’’),7 the Philadelphia Stock Register or within such longer period (i) Guarantee Rule;4 and (5) GTX5 orders Exchange, Inc. (‘‘PHLX’’) 8 and the as the Commission may designate up to will be executable after the close of the Chicago Stock Exchange, Inc. (‘‘CHX’’)) 9 90 days of such date if it finds such PPS (i.e., GTX orders are executable are open for trading. The BSE also longer period to be appropriate and after 415 p.m. instead of 4:00 p.m.). represents that it will perform publishes its reasons for so finding or Accordingly, the Exchange proposed to surveillance during the PPS in the same (ii) as to which the Exchange consents, amend the following rules: (1) Chapter manner and using the same techniques the Commission will: I–B, Sections 2 and 3, and (2) Chapter as those used during the Primary (A) By order approve such proposed IIB, Sections 1 and 3. Session. To facilitate the surveillance of rule change, or (B) Institute proceedings to determine PPS Eligible Securities. Pursuant to the PPS, BSE’s surveillance staff will whether the proposed rule change the proposed amendment of Chapter IIB, remain on-site during the PPS and for should be disapproved. Section 3, only orders designated ‘‘PPS’’ any necessary additional time period will be eligible for execution during the after the close of the PPS. IV. Solicitation of Comments PPS. Since the PPS is merely an Execution Guarantee Does Not Apply. Interested persons are invited to extension of the Exchange’s auction The Execution Guarantee provides that submit written data, views and market, wherein bids and offers are Specialists must guarantee execution on arguments concerning the foregoing, continuously updated for trading under all agency market and marketable limit including whether the proposed rule normal auction market principles, orders from 100 up to and including change is consistent with the Act. Exchange rules will continue to apply. 1,299 shares. According to the proposed Persons making written submissions Thus, to be designated PPS eligible, a amendment to Chapter IIB, Section 3(d), should file six copies thereof with the market, limit, or contingent order must the Execution Guarantee will not be Secretary, Securities and Exchange be acceptable under current Exchange available in any form during the PPS. Commission, 450 Fifth Street, N.W., rules. 2. Statutory Basis Washington, DC 20549–0609. Copies of The Exchange notes that, under the the submission, all subsequent proposal, limit orders on the book from The BSE believes that the proposed amendments, all written statements the Primary Session are not eligible for rule change is consistent with Section with respect to the proposed rule the PPS, and must be carried over to the 6(b)(5) of the Act,10 in that it is designed change that are filed with the next day. Also, those limit orders re to foster cooperation and coordination Commission, and all written received during the PPS (and thus PPS with persons engaged in regulating, communications relating to the eligible) remain subject to the Limit clearing, settling, processing proposed rule change between the Order Display Rule.6 Commission and any person, other than GTX Orders. GTX Order is an agency 7 PCX’s regular equity session closes at 4:30 p.m. those that may be withheld from the limit order that is good until canceled, During the crossing session, PCX does not utilize ITS. See PCX Rule 4.2, Commentary .02. public in accordance with the and is eligible for primary market 8 PHLX operates a Post Primary Session from 4:00 provisions of 5 U.S.C. 552, will be protection based on the volume that p.m. until 4:15 p.m. which is an extension of its available for inspection and copying in prints on the after hours trading session regular auction market. During the Post Primary the Commission’s Public Reference of the New York Stock Exchange or the Session, PHLX utilizes ITS to the same extent it does during regular trading hours. See PHLX Rule Room. Copies of such filing will also be American Stock Exchange. Thus, a GTX 101. available for inspection and copying at 9 CHX’s primary session closes at 4:00 p.m. CHX the principal office of the BSE. All 4 See BSE Rules, Paragraph 2039A, Section 33. conducts an Extended Session from 4:00 p.m. until 5 For a description of GTX Orders, See ‘‘GTX 4:30 p.m. Both sessions utilize ITS. See generally submissions should refer to file number Orders’’ infra. Article 20, CHX Rules 20, 37, 39, 40 and 41. SR–BSE–99–11 and should be 6 See Chapter IIB, Section 3(c)(i)–(ii)). 10 15 U.S.C. 78f(b)(5). submitted by September 29, 1999.

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For the Commission by the Division of A. Self-Regulatory Organization’s III. Date of Effectiveness of the Market Regulation, pursuant to delegated Statement of the Purpose of, and Proposed Rule Change and Timing for authority.11 Statutory Basis for, the Proposed Rule Commission Action Margaret H. McFarland, Change Deputy Secretary. The proposed rule change establishes 1. Purpose or changes a due, fee, or other charge [FR Doc. 99–23240 Filed 9–7–99; 8:45 am] imposed by the BSE and, therefore, has BILLING CODE 8010±01±M The purpose of the proposed rule become effective upon filing pursuant to change is to amend the Revenue Sharing Section 19(b)(3)(A)(ii) of the Act 8 and Program highlighted on the BSE’s Rule 19b–4(f)(2) 9 thereunder. At any SECURITIES AND EXCHANGE Transaction Fee Schedule. Currently, time within 60 days of the filing of such COMMISSION the Exchange shares 50% of any excess proposed rule change, the Commission monthly transaction related revenue may summarily abrogate such rule [Release No. 34±41809; File No. SR±BSE± above $1,300,000 with those firms that change if it appears to the Commission 99±12] generate $50,000 in both BSE and non- that such action is necessary or BSE automated transaction fees. The appropriate in the public interest, for Self-Regulatory Organizations; Notice Exchange proposes to exclude non-BSE the protection of investors, or otherwise of Filing and Immediate Effectiveness automated transaction fees from this in furtherance of the purposes of the of Proposed Rule Change by the computation.3 Thus, under the Act.10 Boston Stock Exchange, Inc. proposed rule change, only firms that Amending Its Revenue Sharing generate $50,000 in BSE transaction fees IV. Solicitation of Comments Program will receive a share of excess revenue.4 Interested persons are invited to August 30, 1999. 2. Statutory Basis submit written data, views and arguments concerning the foregoing, Pursuant to Section 19(b)(1) of the The proposed rule change is including whether the proposed rule Securities Exchange Act of 1934 consistent with Section 6(b) of the Act,5 1 2 change is consistent with the Act. (‘‘Act’’) and Rule 19b–4 thereunder, in general, and furthers the objectives of Persons making written submissions notice is hereby given that on July 30, Section 6(b)(4) 6 in particular, in that it should file six copies thereof with the 1999, the Boston Stock Exchange, Inc. is designed to provide for the equitable Secretary, Securities and Exchange (‘‘Exchange’’) filed with the Securities allocation of reasonable dues, fees, and Commission, 450 Fifth Street, N.W., and Exchange Commission other changes among its members.7 (‘‘Commission’’) the proposed rule Washington, D.C. 20549–0609. Copies of change as described in Items I, II, and B. Self-Regulatory Organization’s the submission, all subsequent III below, which Items have been Statement on Burden on Competition amendments, all written statements prepared by the BSE. The Commission with respect to the proposed rule is publishing this notice of solicit The Exchange does not believe that change that are filed with the comments on the proposed rule change the proposed rule change will impose Commission, and all written from interested persons. any burden on competition. communications relating to the proposed rule change between the I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s Statement on Comments on the Commission and any person, other than Statement of the Terms of Substance of those that may be withheld from the the Proposed Rule Change Proposed Rule Change Received From Members, Participants, or Others public in accordance with the The Exchange proposes to revise its provisions of 5 U.S.C. 552, will be Revenue Sharing Program to exclude The Exchange has not solicited or available for inspection and copying at non-BSE automated transaction fees. received comments on the proposed the Commission’s Public Reference rule change. Room. Copies of such filing will also be II. Self-Regulatory Organization’s available for inspection and copying at Statement of the Purpose of, and 3 Non-BSE automated transactions refer to trades the principal office of the BSE. All Statutory Basis for, the Proposed Rule executed through the New York Stock Exchange’s submissions should refer to the File No. Change Designated Order Turnaround (DOT) system. The Exchange wishes to tailor its Revenue Sharing SR–BSE–99–12 and should be Program to apply only to Base executed submitted by September 29, 1999. In its filing with the Commission, the transactions. Telephone conversation between BSE included statements concerning the Kathy Marshall, Assistant Vice President, Finance, For the Commission, by the Division of purpose of, and basis for, the proposed BSE, Richard Strasser, Assistant Director, Division Market Regulation, pursuant to delegated rule change and discussed any of Market Regulation (‘‘Division’’), Commission, authority.11 and Sonia Patton, Attorney, Division, Commission, comments it received on the proposed on August 26, 1999. Margaret H. McFarland, rule change. The text of these statements 4 Eligible firms will receive excess revenue in the Deputy Secretary. may be examined at the places specified form of a credit that will be applied toward each [FR Doc. 99–23241 Filed 9–7–99; 8:45 am] firm’s total monthly transaction fees. See Securities in Item IV below. The BSE has prepared Exchange Act Release No. 40591 (Oct. 22, 1998), 63 BILLING CODE 8010±01±M summaries, set forth in Sections A, B, FR 58078 (Oct. 29, 1998). and C below, of the most significant 5 15 U.S.C. 78f(b). 8 15 U.S.C. 78s(b)(3)(A)(ii) aspects of such statements. 6 15 U.S.C. 78f(b)(4). 917 CFR 240.19b–4(f)(2). 7 The Commission notes that the filing may raise 10 In reviewing this rule change, the Commission questions concerning payment for order flow. To has considered the proposal’s impact on efficiency, the extent that it does raise such issues, exchange members should consider any associated disclosure competition, and capital formation, consistent with 11 17 CFR 200.30–3(a)(12). obligations, namely pursuant to Rules 10b–10 and Section 3 of the Act. 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). 11 Ac1–3 under the Act, 17 CFR 240.10b–10 and 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19n–4. 17 CFR 240.11Ac1–3, respectively.

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SECURITIES AND EXCHANGE have been prepared by the CBOE. On the purpose of and basis for the COMMISSION August 23, 1999, the CBOE filed with proposed rule change and discussed any the Commission Amendment No. 1 to comments it received on the proposed [Release No. 34±41811; File No. SR±CBOE± the proposed rule change.3 The rule change. The text of these statements 99±46] Commission is publishing this notice to may be examined at the places specified solicit comments on the proposed rule in Item IV below. The CBOE has Self-Regulatory Organizations; Notice change, as amended, from interested prepared summaries, set forth in of Filing and Immediate Effectiveness persons. Sections A, B, and C below, of the most of Proposed Rule Change by the significant aspects of such statements. Chicago Board Options Exchange, Inc. I. Self-Regulatory Organization’s Statement of the Terms of Substance of Relating to Market-Maker Surcharges A. Self-Regulatory Organization’s the Proposed Rule Change Statement of the Purpose of, and August 30, 1999. The CBOE is proposing to make Statutory Basis for, the Proposed Rule Pursuant to Section 19(b)(1) of the changes to its fee schedule pursuant to Change Securities Exchange Act of 1934 CBOE Rule 2.40, Market-Maker (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Surcharge for Brokerage.4 1. Purpose notice is hereby given that on August 23, 1999, the Chicago Board Options II. Self-Regulatory Organization’s Pursuant to CBOE Rule 2.40, on Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) Statement of the Purpose of, and August 20, 1999, the Equity Floor filed with the Securities and Exchange Statutory Basis for, the Proposed Rule Procedure Committee approved the Commission (‘‘Commission’’) the Change following fees for the following option proposed rule change as described in In its filing with the Commission, the classes: Items I, II, and III below, which Items CBOE included statements concerning

Market-maker Order book of- Option class surcharge (per ficial broker- contract) age rate (per contract) 5

Coca-Cola (KO) ...... $0.03 $0.00 Johnson and Johnson (JNJ) ...... 0.07 0.00

These fees will be assessed on 2. Statutory Basis III. Date of Effectiveness of the Monday, August 23, 1999. Exchange Proposed Rule Change and Timing for Rules provide that an option be listed The proposed rule change is Commission Action consistent with Section 6(b) of the Act, for trading on another exchange before The foregoing rule change establishes in general, and furthers the objectives of a surcharge fee can be assessed. Thus, or changes a due, fee, or other charge 6 of the Act in particular, since these classes have been certified Section 6(b)(4) imposed by the Exchange and, therefore, by the Options Clearing Corporation to in that it is designed to provide for the has become effective pursuant to be listed on the Philadelphia Stock equitable allocation of reasonable dues, Section 19(b)(3)(A)(ii) 7 of the Act and Exchange, and are proposed to be listed fees, and other charges among CBOE subparagraph (f)(2) of Rule 18b–4 for trading on Monday August 23, 1999, members. thereunder.8 At any time within 60 days the CBOE will assess these three B. Self-Regulatory Organization’s of the date of filing of the proposed rule surcharges on that date. The Exchange Statement on Burden on Competition change, the Commission may summarily interprets its rules to allow the Equity abrogate such rule change if it appears Floor Procedure Committee to vote on The Exchange does not believe that to the Commission that such action is market-maker surcharges before the the proposed rule change will impose necessary or appropriate in the public class has been listed for trading on any burden on competition. interest, for the protection of investors, another exchange. However, the Rule or otherwise in furtherance of the C. Self-Regulatory Organization’s purposes of the Act.9 provides that the surcharge may not Statement on Comments on the actually be assessed until the class has Proposed Rule Change Received from IV. Solicitation of Comments been listed for trading on another members, Participants, or Others Interested persons are invited to exchange. These fees will remain in submit written data, views, and effect until such time as the Equity Not written comments were solicited arguments concerning the foregoing, Floor Procedure Committee or the Board or received with respect to the proposed including whether the proposed rule determines to change these fees and rule change. change is consistent with the Act. files the appropriate rule change with Persons making written submissions the Commission. should file six copies thereof with the Secretary, Securities and Exchange

1 15 U.S.C. 78s(b)(1). 4 See Securities Exchange Act Release No. 41121 6 15 U.S.C. 78f(b)(4). 2 17 CFR 240.19b–4. (February 26, 1999), 64 FR 11523 (March 9, 1999) 7 15 U.S.C. 78s(b)(3)(A)(ii). 3 (order approving CBOE Rule 2.40). In Amendment No. 1, the Exchange eliminated 8 17 CFR 240.19b–4(f)(2). a proposed surcharge in an options class that is no 5 The surcharge will be used to reimburse the 9 In reviewing this proposal, the Commission has longer eligible for the surcharge program. See letter Exchange for the reduction in the Order Book from Stephanie C. Mullins, Attorney, CBO, to Official brokerage rate from $0.20 in the relevant considered the proposal’s impact on efficiency, Kenneth Rosen, Attorney, Division of market option classes. Any remaining funds will be paid competition, and capital formation. 15 U.S.C. 78c(f). Regulation, Commission, dated August 23, 1999 to Stationary Floor Brokers as provided in Exchange (‘‘Amendment No. 1’’). Rule 2.40.

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Commission, 450 Fifth Street, N.W., Dated: September 2, 1999. parties to submit comments on the Washington, D.C. 20549–0609. Copies of Susan K. Bennett, proposed AC by electronic mail to the the submission, all subsequent Director, Office of Transportation Policy. ADDRESSES section specified above. amendments, all written statements [FR Doc. 99–23423 Filed 9–3–99; 2:49 am] Commenters must identify the AC title with respect to the proposed rule BILLING CODE 4710±07±P and number when submitting any change that are filed with the comments. The FAA will consider all Commission, and all written communications received on or before communications relating to the DEPARTMENT OF TRANSPORTATION the closing date for comments before proposed rule change between the issuing the final AC. The proposed AC Commission and any person, other than Federal Aviation Administration and comments received may be those that may be withheld from the inspected at the Standards Office (ACE– public in accordance with the Proposed Advisory Circular (AC) 23± 110), Suite 900, 1201 Walnut, Kansas provisions of 5 U.S.C. 552, will be XX±29, Systems and Equipment Guide City, Missouri, between the hours of available for inspection and copying at for Certification of Part 23 Airplanes 7:30 a.m. and 4:00 p.m. weekdays, the Commission’s Public Reference except on Federal holidays. AGENCY: Room. Copies of such filing also will be Federal Aviation Background available for inspection and copying at Administration, DOT. the principal office of the CBOE. All ACTION: Notice of availability of In 1968, the Federal Aviation submissions should refer to File No. proposed Advisory Circular (AC) AC Administration (FAA) instituted an SR–CBOE–99–46 and should be 23–XX–29 and request for comments. extensive review of the airworthiness submitted by September 29, 1999. standards of part 23. Since then, the SUMMARY: This notice announces the regulations have been amended through For the Commission, by the Division availability of and request for comments Amendment 23–52. These amendments of market Regulation, pursuant to on proposed AC 23–XX–29, Systems 10 have changed most of the sections of delegated authority. and Equipment Guide for Certification part 23. This document is intended to Margaret H. McFarland, of Part 23 Airplanes. This proposed AC provide guidance for the original issue Deputy Secretary. provides information and guidance of part 23 and the various amendments. concerning an acceptable means, but not [FR Doc. 99–23238 Filed 9–7–99; 8:45 am] This version of the advisory circular the only means, of showing compliance BILLING CODE 8010±01±M covers policy available through June 30, with Title 14 Code of Federal 1994. Policy that became available after Regulations (14 CFR) part 23, subpart D June 30, 1994, will be covered in future from § 23.671 and subpart F, which is amendments to the advisory circular. DEPARTMENT OF STATE applicable to the certification of systems and equipment in normal, utility, Issued in Kansas City, Missouri, on August 27, 1999. [Public Notice No. 3083] acrobatic, and commuter category airplanes. This proposed AC Michael Gallagher, Shipping Coordinating Committee; consolidates existing policy documents, Manager, Small Airplane Directorate, Aircraft Subcommittee on Ocean Dumping; and certain AC’s that cover specific Certification Service. Notice of Meeting paragraphs of the regulations, into a [FR Doc. 99–23292 Filed 9–7–99; 8:45 am] single document. This material is BILLING CODE 4910±13±P The Subcommittee on Ocean neither mandatory nor regulatory in Dumping of the Shipping Coordinating nature and does not constitute a Committee will hold an open meeting regulation. DEPARTMENT OF TRANSPORTATION on September 17, 1999 from 1:30 pm to DATES: Comments must be received on Federal Highway Administration 3:30 pm to obtain public comment on or before November 8, 1999. the issues to be addressed at the October ADDRESSES: Send all comments on the Environmental Impact Statement: SR 4–8, 1999 Twenty-first Consultative proposed AC to: Federal Aviation 20 (Sharpes Corner to SR 536) Skagit Meeting of the Contracting Parties to the Administration, Small Airplane County, WA London Convention, which is the global Directorate, Regulations & Policy Branch international treaty regulating ocean (ACE–111), 601 East 12th Street, Kansas AGENCY: Federal Highway dumping. The meeting will also review City, Missouri 64106. You may also Administration (FHWA), DOT. the results of the Twenty-second submit comments on the internet to: ACTION: Notice of intent and notice of Scientific Group Meeting of the London [email protected]. scoping. Convention held in May 1999. FOR FURTHER INFORMATION CONTACT: Les The meeting will be held at Taylor, Standards Office, (ACE–110), SUMMARY: The FHWA is issuing this Environmental Protection Agency Small Airplane Directorate, Aircraft notice to advise the public that an offices located at the Fairchild Building, Certification Service, Federal Aviation environmental impact statement will be 499 South Capitol Street SW, Administration; telephone number (816) prepared to evaluate potential solutions Washington, DC 20003, Room 809. 426–6941. to identify safety problems and traffic Interested members of the public are SUPPLEMENTARY INFORMATION: congestions along SR 20 in Skagit invited to attend, up to the capacity of County, Washington. the room. Comments Invited FOR FURTHER INFORMATION CONTACT: For further information, please Any person may obtain a copy of this Gene Fong, Federal Highway contact Mr. David Redford, Acting proposed AC by contacting the person Administration, 711 South Capital Way, Chief, Marine Pollution Control Branch, named above under the FOR FURTHER Suite 501, Olympia, Washington 98501, telephone (202) 260–1952. INFORMATION CONTACT section or on the Telephone: (360) 753–9480; or John internet at: http://www.faa.gov/avr/air/ Okamoto, Washington State Department 10 17 CFR 200.30–3(a)(12). airhome.htm. We invite interested of Transportation, Northwest Region,

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PO Box 330310, Seattle, WA 98133– The meeting will be conducted on within the City of Seattle, and the 9710. October 6, 1999, at, Anacortes City Hall Central Base, which supports a fleet of SUPPLEMENTARY INFORMATION: The Chambers in Anacortes, Washington. diesel buses that provide service within FHWA, in cooperation with the The first meeting from 9 a.m. to noon the City of Seattle and between the City Washington State Department of will be conducted to focus on input and neighboring jurisdictions. In Transportation (WSDOT), will prepare from governmental agencies and tribes. addition, all night owl service is an Environmental Impact Statement The second, from 4 p.m. to 8 p.m., will dispatched from Central Base. (EIS) on alternative solutions that can be conducted primarily for the public. Metro Transit uses the existing 22- reduce the accident rate and provide Written scoping comments may be acre complex for maintenance and capacity to meet current and future submitted to the FHWA or WSDOT at storage of approximately 340 buses. The needs along a 7-mile stretch of the State the address provided above. agency’s Operating Facilities Strategic Route 20 corridor near Anacortes. The To ensure that the full range of issues Plan identified a need for central Seattle SR EIS is a National Environmental related to this proposed action are maintenance capacity for up to 185 Policy Act (NEPA) ‘‘pilot’’ project, addressed and all significant issues are additional buses within the next 10 intended to evaluate and improve the identified, comments, and suggestions years and an additional 200 buses application of the NEPA process. The are invited from all interested parties. within the next 25 years (for a total of ‘‘pilot’’ process was developed Comments or questions concerning this 385 additional buses). Increased cooperatively by Washington State and action and the EIS should be directed to capacity will allow maintenance service Federal agencies, and is jointly FHWA or WSDOT at the address for planned increases in transit service sponsored by FHWA and WSDOT. provided above. within the City of Seattle as well as This segment of SR 20 includes two (Catalog of Federal Domestic Assistance some increases in service for routes designated ‘‘high accident corridors,’’ Program Number 20.205, Highway Planning between Seattle and other jurisdictions. due to the number and severity of and Construction. The regulations Among other things, King County’s accidents that have occurred at implementing Executive Order 12372 system is slated to accommodate up to intersections. The predominant accident regarding intergovernmental consultation on 85 of Sound Transit’s Express Service types are rear-end collisions and Federal programs and activities apply to this buses. program) entering-at-angle accidents. The EIS will evaluate a no action The accident rate is made worse by Issued on: August 27, 1999. alternative as well as feasible and increasing traffic volumes. Travel Donald A. Petersen, prudent alternatives to expand the demand forecasts indicate continued Transportation and Environmental Engineer, maintenance base. Study to date traffic growth over the next 20 years. Olympia, Washington. suggests that reasonable alternatives are Forecasts indicate that traffic growth [FR Doc. 99–23249 Filed 9–7–99; 8:45 am] limited to an upward structured may increase travel time along portions BILLING CODE 4910±22±M expansion of employee parking of this segment of SR 20. combined with an expansion of the Solutions are needed to reduce the footprint of the base either westward or rate of fatal accidents and to provide for DEPARTMENT OF TRANSPORTATION to the south. Expansion to the west the projected traffic demand. While might impact a group of buildings that alternative have not been identified, Federal Transit Administration could have historical significance. Expansion to the south might have an preliminary alternatives that could meet Environmental Impact Statement on effect on a privately owned industrial the need and may be considered in the the proposed Atlantic/Central Bus business that handles approximately EIS include: taking no action; traffic Base Expansion Project in Seattle, calming; transportation demand 10% of the Port of Seattle’s export Washington management; transportation system business. Expansion to non-contiguous management; eliminating left turns; AGENCY: Federal Transit Administration, property would not be prudent or meet transit improvements and/or improved DOT. project objectives because of the transit access; improvement of ACTION: Notice of Intent to prepare an significantly higher operating costs, alternative modes of travel; improved environmental impact statement. which would occur. This would reduce freight movement by truck and/or rail; funds available for revenue (passenger additional traffic signals; modified SUMMARY: The Federal Transit carrying) service. Expansion to non- signage; grade separation at Administration (FTA) and the King contiguous properties would also intersections; and/or added lanes or County Metro Transit Division intend to require acquisition of a larger amount of frontage roads. Combinations of these prepare an Environmental Impact industrial property, which would be solutions are possible. The list of Statement (EIS) in accordance with the contrary to City policy directed toward alternatives to be addressed in the EIS National Environmental Policy Act maximum preservation of industrial will be finalized after taking scoping (NEPA). King County will ensure that property. comments into account. the EIS also satisfies the requirements of The existing base complex occupies the Washington State Environmental land that is industrially zoned. Scoping Policy Act (SEPA). The FTA will be the Applicable zoning regulations allow Letters soliciting comments on the NEPA lead agency. King County will be expansion of the base facilities within scope of the EIS and describing the the SEPA lead agency. the industrial zone subject to a showing purpose, need, and potential King County Metro Transit, a division that impacts on industrial property and alternatives will be sent to appropriate of the King County Department of activities have been minimized. Federal, State, and local agencies, and to Transportation, may expand the King County Transit and FTA will private organizations and citizens who operating capacity of the existing determine the scope of environmental have previously expressed or are known Atlantic/Central bus base complex review after receiving input from to have interest in this proposal. Two located in Seattle’s North Duwamish interested parties and organizations and meetings will be held to identify the Industrial District. The existing complex from federal, state, regional, and local scope of issues to be addressed, the consists of the existing Atlantic Base, agencies. A similar scoping process was significant issues, and the alternatives. which supports electric trolley service recently completed in accordance with

VerDate 18-JUN-99 16:11 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.XXX pfrm04 PsN: 08SEN1 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices 48891 the State Environmental Policy Act of the project scoping document can be site would increase operating expenses (SEPA). A SEPA scoping meeting took requested by calling King County Metro by requiring significant duplication of place on August 12, 1999 in the Transit at (206) 684–6776. If you wish overhead costs (staffing & equipment) Atlantic/Central base neighborhood, and to be placed on the mailing list to totaling over one million dollars per comments were solicited from project receive further information as the year. Expansion on a non-contiguous stakeholders, interested parties, project proceeds, please contact Barbara industrial site would preclude potential government agencies and property de Michele at Metro Transit; (206) 263– operating and spatial efficiencies which owners and tenants within the project 3792. could be achieved with a consolidated complex and would therefore utilize area and vicinity. II. Description of Study Area and more industrial property than a DATES: Comment Due Date: Written Project Need comments on the scope of alternatives consolidated facility. Expanding to a and impacts to be considered should be The existing Atlantic Central base non-contiguous site outside of the sent to King County Metro Transit by complex and the adjacent areas within Duwamish area would not meet King Thursday, October 7, 1999. See which expansion might occur are within County Transit’s objectives due to the the North Duwamish industrial ADDRESSES below. increased non-revenue deadhead time neighborhood situated a short way ADDRESSES: which would be required for buses Written comments on the south of the Seattle central business project scope should be sent to: Paul traveling between the maintenance base district, south of the International and transit service routes. The Transit Leland, Senior Transit Environmental District and east of the area occupied by Planner, King County Metro Transit, Operating Facilities Strategic Plan Seattle’s new Safeco baseball field and provides more detail concerning project Design and Construction Section, MS King County Transit’s Ryerson transit KSC–TR–0431, 201 S. Jackson St., needs and is available through King base. King County’s other existing County Transit at (206) 684–1846. Seattle, WA 98104–3856; phone (206) transit bases include North Base north Contiguous expansion of the Atlantic/ 684–1168; fax (206) 684–1900. of Seattle in the City of Shoreline, Central Bus Base complex to FOR FURTHER INFORMATION CONTACT: Bellevue and East Bases east of Lake accommodate up to 385 additional Linda Gehrke, Federal Transit Washington in the City of Bellevue, and buses is expected to require acquisition Administration, Region X, 915 Second South Base south of Seattle in Tukwila. of approximately 13.3 to 13.6 acres of Avenue, Room 3142, Seattle, WA 98174; Bases are located throughout the abutting industrial property. The phone (206) 220–7954. metropolitan area to achieve operating location of the existing Atlantic/Central SUPPLEMENTARY INFORMATION: efficiencies related to the maintenance, Bus Base complex limits potential I. Scoping dispatch and storage of transit buses. contiguous expansion options to either The Atlantic/Central Base Expansion westward or southward expansion. The The FTA and King County Transit project is expected to include the complex is bounded on the north by invite interested individuals and following improvements: increased bus Interstate 90/SR 519 ramps, and to the organizations, and federal, state, parking space; additional repair and east by Airport Way South and regional, and local agencies to inspection bay capacity; expanded body Interstate 5. participate in defining the alternatives repair, paint, upholstery and tire shop Immediately contiguous to the west is for expanding the capacity of the capacity; and other additional specialty an assemblage of buildings to either side Atlantic/Central Base complex, and in bay capacity; expanded electronics of Sixth Avenue South, all of which identifying any significant social, shop; expanded driver and support area were built in the late 1920’s to early economic, or environmental issues including (including transit police); 1930’s and have a similar appearance related to the alternatives. Scoping additional employee parking to support and functional relationship to now comments may be made be submitted in expanded base (including consideration removed railroad spurs and 6th Avenue writing by letter or fax: See the of structured parking to reduce use of South. A previously completed historic ADDRESSES section above for the industrial land); and possible provision resource assessment of Sixth Avenue appropriate address and fax number. of additional layover capacity adjacent South concluded that the buildings Scoping comments may also be to the base and within the base during constitute a district that is eligible for submitted by E-mail using the electronic peak hours to accommodate existing listing on the National Register of scoping form, which is available at layover space that will be lost due to Historic Places under the National http://www6.metrokc.gov/kcdot/transit/ Sound Transit’s conversion of the Historic Preservation Act. However, the sepacomm.cfm. Scoping comments downtown bus tunnel and associated integrity of the district has been should focus on identifying specific stations to light rail use, and other local seriously compromised as a result of its social, economic, or environmental transportation infrastructure projects; having been bisected by a recent major impacts to be evaluated and suggesting possible additional bus fueling and elevated freeway ramp project, and the alternatives that are more cost-effective washing capacity; and possible joint use cumulative impact of extensive building or have fewer environmental impacts industrial space if it is determined to be upgrading and modernization projects while achieving similar transit economically feasible. If an on-site undertaken by tenants over the years. objectives. alternative is selected, functions that Also, there are unresolved questions A project scoping document can operate efficiently from other about the uniqueness of the district providing more detail on project locations (such as the information within the metropolitan Seattle area. alternatives, alternatives considered but distribution warehouse, and work center The size and configurations of the deemed inappropriate for further for transit facilities maintenance) may parcels and buildings in the historic refinement or consideration, potential be moved to another location to district, as well as their structural project impacts, and required permits minimize the amount of additional land condition relative to earthquake hazards and approvals is being forwarded to all needed. and building seismic standards, tends to potentially interested parties and Expansion of base capacity using non- render them functionally obsolete for agencies and is also available on the contiguous property will not meet King many modern industrial uses, including internet at: http://www.metrokc.gov/ County Transit’s project objectives and possible transit maintenance base kcdot/basepgm/sepa/enviro.htm. Copies needs. Expanding on a non-contiguous operations. Therefore, westward

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The Sound BILLING CODE 4910±57±P southward across Massachusetts Transit light rail facility is a separate Avenue would require the use of project being planned and analyzed in industrial property with existing rail a separate NEPA/SEPA document by DEPARTMENT OF TRANSPORTATION spur access, and would displace one or Sound Transit and the Federal Transit more existing industrial businesses that Administration. Alternative C could National Highway Traffic Safety supply a significant portion of the Port include some shared facilities on the Administration of Seattle’s export business. The City of Sound Transit site, such as employee [Docket No. NHTSA±99±6161; Notice 1] Seattle’s land use code allows transit parking, control center and fueling for base facilities and expansion within general service vehicles. Mercedes-Benz U.S.A., Inc., Receipt of industrially zoned property, subject to a The EIS will also document a range of Application for Decision of demonstration that all reasonable Inconsequential Noncompliance measures have been taken to minimize project alternatives considered that impacts related to significant might lessen or avoid taking out Mercedes-Benz U.S.A., Inc. (MBUSA) displacement of other viable industrial portions of the adjacent historic district. has determined that 1,482 of its 1999 businesses, and that the use of land with It is anticipated based on preliminary model year vehicles were equipped with access to industrial shorelines or major analysis of these alternatives that none convex passenger-side mirrors that did rail facilities has been minimized. of them are prudent or feasible. not meet certain labeling requirements III. Alternatives IV. Probable Effects/Potential Impacts contained in Federal Motor Vehicle for Analysis Safety Standard (FMVSS) No. 111, Project alternatives include a No- ‘‘Rearview Mirrors,’’ and has filed an Build Alternative and two build King County plans to use a single EIS appropriate report pursuant to 49 CFR alternatives. Under Alternative A, the document to satisfy both SEPA and part 573, ‘‘Defect and Noncompliance No-Build Alternative, expansion of the NEPA for the proposed project. Reports.’’ MBUSA has also applied to be existing base complex would not occur. Presently, the issue of principal concern exempted from the notification and Without expanded base capacity within related to NEPA is potential impacts on remedy requirements of 49 U.S.C. the City, King County Metro Transit historic resources, which may be chapter 301—‘‘Motor Vehicle Safety’’ on could not operate new or expanded National Register eligible. Other NEPA the basis that the noncompliance is services. Implementation of the new concerns include environmental justice. inconsequential to motor vehicle safety. Six-Year Transit Plan would be in King County may be preparing a Section We are publishing this notice of jeopardy. And Metro could not 4(f) and Section 106 analysis of historic receipt of an application as required by implement the contract with Sound resources as a part of the NEPA EIS 49 U.S.C. 30118 and 30120. This action Transit for provision of regional express documentation. Issues principally of does not represent any agency decision bus services. or other exercise of judgment Under Alternative B, the Atlantic concern under SEPA include impacts on concerning the merits of the application. Central Base complex would be industrial land uses and business within If a vehicle has a convex passenger- expanded in 3 phases over the next 15 the project area, including potential side mirror, paragraph S5.4.2 of FMVSS to 25 years to accommodate 385 impacts on industrial traffic. Other No. 111 requires that it have the words additional buses, including the above impacts, which will be evaluated, ‘‘Objects in Mirror Are Closer Than mentioned project elements. The include water quality; archaeological They Appear’’ permanently and expansion of the complex would be resources; hazardous materials; air indelibly marked at the lower edge of westward, encompassing currently quality (including air quality the mirror’s reflective surface. privately owned business properties on conformity); noise; consistency with From April 5 through April 9, 1999, both sides of 6th Avenue South between local land-use and transportation plans MBUSA sold and/or distributed 1,482 Royal Brougham Way and South and policies; business displacements C-Class, E-Class, and E-Class Wagons Massachusetts Street, and properties on and relocations; and economics. These that contain a typographical error in the the west side of 6th Avenue South impacts will be evaluated both for the text of the warning label required in between South Massachusetts Street and construction phase and in relation to paragraph S5.4.2. The text on the South Holgate Street. It is possible that ongoing operations as appropriate. subject vehicles’ mirrors reads ‘‘Objects this would affect historic properties. Reasonable measures to mitigate adverse Alternative C is premised on Sound impacts will be identified. in Mirror Closer Than They Appear.’’ The word ‘‘Are’’ is not clearly printed Transit electing to proceed with a light- V. FTA Procedures rail maintenance base south of the or visible. Atlantic/Central base between South The NEPA EIS process will address MBUSA supports its application for Massachusetts Street and South Holgate the social, economic, and environmental inconsequential noncompliance with Street. Alternative C would include all impacts of the Atlantic Central Base the following statements: of the improvements proposed under expansion alternatives. A draft EIS will MBUSA does not believe that the foregoing Alternative B except that the proposed be published and made available for noncompliance will impact motor vehicle layover capacity on Sixth Avenue South public and agency review and comment, safety for the following reasons. FMVSS 111 would be entirely on site. Sound and a public comment meeting will be sets forth requirements for the performance and location of rearview mirrors to reduce Transit’s light rail maintenance facility held to receive review comments the number of deaths and injuries that occur would require vacation of Sixth Avenue pertaining to the draft EIS. On the basis when the driver of a motor vehicle does not South between South Massachusetts of the draft EIS and the comments have a clear and reasonably unobstructed Street and South Holgate Street. Since received, King County Metro Transit view to the rear. Provisions regarding the use Metro could not expand south of South will complete the final EIS. of a convex side view mirror were added by

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The 111 to allow the use of convex mirrors, one lettering and incorrect mounting position final rule specifically allowed the use of of the potential drawbacks associated with deemed inconsequential since information convex passenger side outside mirrors. convex mirrors is that images in such mirrors was accurate and legible and location of label ‘‘Convex mirrors’’ are defined as ‘‘a mirror tend to appear further away than their actual was in a position likely to be found by having a curved reflective surface whose position. NHTSA recognized the need to vehicle operator); Red River Manufacturing. shape is the same as that of the exterior provide an adequate warning to vehicle Inc., 63 FR 59624 (1998) (tire information on surface of a section of a sphere.’’ See Id. at operators at all times regarding this trailer certification labels with English only 38700, codified at 49 CFR 571.111 S4. distortion. The Agency rejected an earlier units of measure deemed inconsequential NHTSA determined that allowing the proposal for a symbolic warning because since correct English unit information sans installation of a convex mirror on the such a warning did not adequately convey metric is present and label is in compliance passenger side of vehicles could confer a the message regarding the distortion caused with regulations in all other respects); Cooper substantial safety benefit in that such mirrors by convex mirrors. Instead, NHTSA required Tire and Rubber Company, 62 FR 45474 tend to provide a wider field of vision than a specifically worded warning that would (1997) (tires with incorrect load and inflation ordinary flat or plane mirrors. Such a view serve to inform drivers about the distortion label on the serial side were deemed could be highly desirable in maneuvers such caused by convex mirrors. Although not inconsequential since incorrect information as moving to the right into an adjacent lane. technically in compliance with the exact was within tire tolerances and accurate Id. at 38699. requirements of FMVSS 111, MBUSA information was provided in two other NHTSA also recognized, however, that believes that the etched warning on the locations); Bridgestone/Firestone Inc., 57 FR there were inherent drawbacks to the use of noncompliant Mercedes-Benz vehicles still 45865 (1992) (tire serial code with missing convex mirrors as well. One of the more conveys the necessary warning consistent number determined inconsequential since significant drawbacks was that images of an with the purpose set forth in the preamble to missing number was contained in the code object viewed in a convex mirror tend to be the final rule. The change caused by the identifying the manufacturer of the tire and smaller than those of the same object viewed missing word ‘‘Are’’ does not alter the such information was otherwise discernible in a plane mirror. Consequently, drivers used meaning of the warning statement or the from other markings on affected tires); to plane mirrors may erroneously assume spatial relationship between two objects. Cooper Tire & Rubber Co., 56 FR 11300 that vehicles situated immediately behind Thus, when used in the phrase ‘‘Objects in (1991) (tires maximum inflation pressure the driver and to the right may be further Mirror Closer Than They Appear,’’ the marked ‘‘65 p.s.i. max. press.’’ instead of ‘‘65 away than anticipated. Such an erroneous warning, although grammatically incorrect in p.s.i. cold’’ deemed inconsequential since perception may cause the drive to move to the foregoing context, still conveys the same both phrases have the same meaning and all the right and change lanes before it is meaning. other information is otherwise correct and in actually safe to do so. In order to address this In addition, convex mirrors have been in compliance). concern, and at the suggestion of several use since the final rule amending FMVSS 111 In each of the foregoing cases, NHTSA automobile manufacturers, NHTSA required became effective in 1982. In the ensuing 17 determined that although a noncompliance of that a warning be permanently etched into all years, the driving public has become the relevant safety standard had occurred, the convex passenger side view mirrors. This accustomed to seeing the etched warning on noncompliances were inconsequential with suggestion was favored over NHTSA’s convex passenger side view mirrors. In fact, regards to motor vehicle safety since the original proposal which would have almost all passenger vehicles currently erroneous information was corrected provided for an orange border around the manufactured have convex, rather than elsewhere or did not otherwise alter the convex mirror to alert the driver of a plane, passenger side view mirrors. Because meaning of the information conveyed. The potential difference in mirror characteristics. of this, drivers know that convex side view last two examples cited above are The written warning was chosen because, mirrors contain a slight distortion and are particularly analogous to MBUSA’s current based on studies performed at the request of able to react accordingly. The importance of situation. In the Bridgestone/Firestone case, NHTSA, the Agency found that (1) The fact the warning, while still viable, is not as the tire manufacturer had failed to include that a convex mirror image appears different critical as when convex mirrors first came the number ‘‘2’’ in the tire serial code. The from that of a plane mirror does not, in the into use. Instead of a message of first number 2 was part of the serial marker that Agency’s view, provide an adequate warning impression, the warning now serves as a identified Bridgestone/Firestone as the tire that objects viewed in the convex mirror are reminder to drivers that a convex mirror is manufacturer. Despite the missing number, closer than they appear; (2) the etched in use. Consequently, the driving public is NHTSA determined that the violation was warning would serve as a reminder to the likely to note that the warning on affected inconsequential since the tires bore the brand driver with each use and would assist drivers Mercedes-Benz vehicles is present, thus name ‘‘Firestone’’ and were labeled with the who may not read such a warning notifying them of the existence of a convex old serial code for Firestone. The tires also alternatively placed in the owner’s manual; mirror, but unlikely to notice a minor bore the date code, size, model and ‘‘Made and (3) the etched warning conveys a much grammatical error that does not effect the in U.S.A.’’ markings which allowed sufficient clearer warning than the rather ambiguous meaning of the warning. identification of the tires in the event a orange border. Id. at 38700. Although NHTSA has not previously notification and remedy campaign was In the case of MBUSA’s affected vehicles, addressed this exact issue in prior petitions required. Thus, the noncompliance was the etched warning provides that ‘‘Objects in for inconsequential noncompliance, MBUSA deemed inconsequential. Like Bridgestone/ Mirror Closer Than They Appear.’’ The believes that there are examples of prior Firestone, the missing word ‘‘Are’’ does not missing word ‘‘Are’’ is contrary to the exact petitions which are sufficiently analogous to alter the information conveyed to the wording of the warning required by FMVSS support the Company’s current petition. consumer. The warning ‘‘Objects in Mirror 111. The cause of this error was traced to a Specifically, NHTSA has previously granted (Blank) Closer Than They Appear’’ still defective stencil used in the laser printer numerous petitions for inconsequential provides enough information to the vehicle which etches the warnings onto mirrors. noncompliance regarding errors contained in operator so that the operator is aware a MBUSA believes that the stencil defect, various labels or markings. One of the more convex passenger side view mirror is in use which caused the laser printer to frequent areas where inconsequential and that some distortion will result. inadvertently leave the word ‘‘Are’’ from the mislabeling occurs is in the area of tire Likewise, the second Cooper Tire & Rubber warning, was caused by dirt or some other labeling. See e.g., General Motors Company case is also analogous to MBUSA’s cosmetic flaw in the stencil. This situation Corporation, 64 FR 7944 (1999) (tire current petition. Specifically, in that case the apparently was not immediately noticed by information label on glove compartment tire manufacturer had incorrectly stamped a MBUSA’s supplier’s quality control containing erroneous information regarding lot of tires with the label ‘‘MAX. LOAD 2540 department. MBUSA does not believe, the maximum number of occupants allowed LBS. AT 65 P.S.I. MAX. PRESS’’ instead of however, that the foregoing error in the in vehicle deemed inconsequential since seat the appropriate ‘‘MAX. LOAD 2540 LBS. AT warning statement etched onto the affected capacity is evident from number of seating 65 P.S.I. COLD.’’ NHTSA determined, mirrors, affects their safety in any discernible positions and seatbelts); Mercedes-Benz of however, that since ‘‘MAX PRESS’’ was

VerDate 18-JUN-99 11:35 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\A08SE3.095 pfrm04 PsN: 08SEN1 48894 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Notices understood to mean the maximum cold recall action may be avoided. MBUSA Issued on: September 2, 1999. inflation pressure to which the tire may be expects a particularly low owner response to L. Robert Shelton, inflated and that the term ‘‘COLD’’ carried such a recall, if it were undertaken, because the same meaning, that the noncompliance the basic message of the warning is Associate Administrator for Safety was inconsequential with regards to motor adequately conveyed despite the error in Performance Standards. vehicle safety. Like Cooper Tire & Rubber format. In addition, since convex passenger [FR Doc. 99–23311 Filed 9–7–99; 8:45 am] Company’s mislabeled tires, MBUSA’s side view mirrors with warnings have been BILLING CODE 4910±59±P convex passenger side view mirror warnings in widespread use since 1982, MBUSA does the word ‘‘Are’’ is not clearly printed or not believe that the driving public will even visible. The two warning statements, note the error since the warning, if even however, have the same meaning. noticed, will only serve as a reminder to Consequently, if the word ‘‘Are’’ is not what drivers have long become accustomed DEPARTMENT OF THE TREASURY clearly printed or visible, it has no impact to to. Internal Revenue Service the meaning of the warning and should be We invite you to comment in writing deemed an inconsequential noncompliance. As provided above, MBUSA has identified on MBUSA’s application. Comments Quarterly Publication of Individuals, the cause of the original error in the etched should refer to the docket number and Who Have Chosen To Expatriate, as warning on convex passenger side view be submitted in two copies to: U.S. Required by Section 6039G mirrors to a defective stencil used in the laser Department of Transportation, Docket printer which etched the affected mirrors. Management, Room PL–401, 400 AGENCY: Internal Revenue Service (IRS), MBUSA has since addressed this issue by Seventh Street, SW, Washington, DC, Treasury. ensuring that the complete and visible 20590. warning statement on all vehicles meets the We will consider comments received ACTION: Notice. requirements of FMVSS 111 S5.4.3 and is properly etched onto the mirror. MBUSA before the close of business on the does not believe that the noncompliance closing date indicated below. We will SUMMARY: This notice is provided in described above has any appreciable impact file the application and supporting accordance with IRC section 6039G, as on motor vehicle safety. The warning materials. We will consider, to the amended, by the Health Insurance provided in noncompliant vehicles, although extent possible, all comments received Portability and Accountability Act grammatically incorrect, still conveys the after the closing date. When we grant or (HIPPA) of 1996. This listing contains exact same meaning as the warning required deny the application, we will publish the name of each individual losing by FMVSS 111. In fact, only one word was the notice in the Federal Register. United States citizenship (within the not clearly printed or visible in the required Comment closing date: October 8, warning. This omission of the word did not meaning of section 877(a)) with respect change the meaning of the warning itself. 1999. to whom the Secretary received MBUSA requests this application be granted (49 U.S.C. 30118, 30120; delegations of information during the quarter ending so that an unnecessary and costly consumer authority at 49 CFR 1.50 and 501.8) March 31, 1998.

Last name First name Middle name

BAEK ...... CHOON ...... HO BAIG ...... MIRZA ...... M. F. BARNES ...... MARY ...... ANN BELKNAP ...... PATRICIA ...... LOUISE D'ARCY NEE BELL ...... JOY ...... NETTIE BERNARD ...... MARY ...... CLAUDE BLACKADDER ...... ARIEL ...... FIONA-MARGARET BORZELLO ...... ROBERT ...... ANDREW BOWEN ...... DOROTHY ...... ELIZABET BOWSER ...... MANUELA ...... GERTRUDE BOYD ...... MYONG ...... HUI BUTLER ...... WILFRED ...... LERYO BYUN ...... DONG ...... RYU CHA ...... DAL ...... JOONG CHA ...... DON ...... JIN CHO ...... CHIN ...... BOK CHO ...... MI-KUN ...... CHOI ...... MYENG ...... CHOL CHOI ...... SARAH ...... YOON CHONG ...... SUN ...... HEE CHUNG ...... WOO-SUN ...... CHUNGNAM-DO ...... TAEJON ...... CUTTER ...... ALBERT ...... WILSON DAUM ...... BRIAN ...... ALAN DEBONO ...... DENNIS ...... DEL PINO ...... SERGIO ...... ALBERTO- FERNANDEZ DI STEFANO ...... LYNNE ...... DELEHANTY DITLEVSEN ...... LARS ...... DONG ...... YOUNG ...... JAE DUNDON ...... REBECCA ...... ANNE ERLER ...... GABRIELE ...... FELDMAN ...... YVONNE ...... TOBA FOERSTER ...... KARL ...... F. GARDNER-GILMORE ...... LINDA ...... GEORGE ...... CARL ...... HERMAR

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Last name First name Middle name

GETTY ...... EUGENE ...... PAUL GHIMSTAD ...... LISA ...... GIBBONS 3RD ...... EDMUND ...... GRAHAM GODOSAR ...... URSULA ...... MARIA GRENNESS ...... MORTEN ...... HAAS ...... BENJAMIN ...... MICHAEL HALL ...... NANCY ...... THERESIA HAN ...... FRED ...... SANG-CHON HAN-KIM ...... LISA ...... INSUN HARBUR ...... MEREDITH ...... TEICH HARBUR ...... MILES ...... MURRAY HARPER ...... MARY ...... MAXWELL HILL ...... LOUISE ...... ANNE HURD ...... STEPHEN ...... CHARLES JAKOBSEN ...... BENNING ...... W. JANG ...... BOK ...... YO JELINEK ...... KURT ...... RUDOLF JENKINS ...... ARTHUR ...... LLEWELLYN JOHNSON ...... GLADYS ...... SOULIER NEE JORGENSEN,NEE GARHARDT ...... KIRA ...... GERHARDT KANG ...... JAMES ...... R. KIM ...... EUISUNG ...... KIM ...... HYO-GUN ...... KIM ...... JESSICA ...... KIM ...... JUNG ...... SOO KIM ...... MYUNG-SHYNN ...... KIM ...... SHAM ...... KIM ...... YEONG ...... JAE KITSON ...... SCOTT ...... GORHAM KLONARIS ...... MIKE ...... ANTHONY KLONARIS ...... PAMELA ...... KPUCE KORNFELD ...... ROBIN ...... BETH KURIHARA ...... YOSHIKO ...... KWAN ...... SUK ...... YIN LAM LARSSON ...... ROBERT ...... BENGT-ANDERS LAW ...... JAPHET ...... SEBASTIAN LEE ...... BERNARD ...... LEE ...... WAN ...... CHEOL LEVELEGIAN 2ND ...... JACK ...... H. LIMB ...... BEN ...... QUINCY LOGAN ...... YOUNG ...... SUK MAC PHERSON ...... THOMAS ...... ARTHUR MADRIZ ...... TATIANA ...... MARIA-LESKO MASON ...... MORGAN ...... MC VEIGH III ...... CHARLES ...... SENFF MCDOWELL ...... JOHN ...... ESTABROOK MERCIER ...... BERNARD ...... JEAN MIN-MONTGOMERY ...... OK ...... KI MOORE ...... SEDANNA ...... MOREHOUSE ...... ELEANOR ...... ESMONDE MOSES ...... MALKA ...... GOLUB MOSKO ...... NICOLAS ...... EMANUEL-PETER MULIATI ...... TAN ...... RIA NG ...... NGAM ...... HING OESTERLE ...... BRIGITTE ...... MARIE OKUBO ...... TAKEO ...... OSMENA ...... EMILLIO ...... MARIO-RENNER PAGE ...... ROBERT ...... SAMUEL PARK ...... MIN ...... KYU PARK ...... THOMAS ...... PEARSON PAULSON ...... JAN ...... PAYNE ...... MARK ...... RANDALL PEMBROKE ...... PAUL ...... WILLIAM PEMBROKE ...... WESLEY ...... ALAN PENISTON ...... ELMINA ...... H. PINEDA ...... ELIZABETH ...... RAMOS POWDERLY ...... ANNEMARIE ...... POWELL ...... MAJORIE ...... MARY RANDOLPH ...... AUGUSTUS ...... GRIFFITH RESCHENTHALER ...... GILBERT ...... BROWN RESTEINER ...... ELISABETH ...... RESTEINER ...... ERIC ...... EDWARD RIGGS ...... WILLIAN ...... BEGG RIM ...... HELGA ...... SUNCHO

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Last name First name Middle name

ROBERTS ...... NIKOLE ...... ROSE ...... ELINOR ...... CAROL ROTHMOSER ...... GABRIELLE ...... SANDERS ...... J...... D. SAWAMURA ...... THOMAS ...... SHOGO SCHABAS ...... MICHAEL ...... HUNTLY SCHLIMPERT ...... FRANK ...... WERNER SHARMA ...... GHANSHYAM ...... DATT SIEBERT ...... EDWIN ...... OTTO SKINNER ...... JODY ...... DANIEL STAPP ...... RHONDA ...... JEAN SULTAN ...... SAMIRY ...... IBRAIM SWANSON ...... OK ...... SUN] TAN ...... ANDREQ ...... CHUA TANKERSLEY ...... NECOL ...... IRMA THORSTEINSON ...... DEBORAH ...... ANN TRAN ...... KIM ...... CHUNG VANCE ...... GREGORY ...... EDWARD VUKO ...... BOSKO ...... WATANABE ...... YOSHIMI ...... WEFELNBERG ...... BRIGID ...... ANNE WEIGEN ...... JOANNE ...... SANDRA WENDEL ...... MELANIE ...... ALEXANDRA WILKINSON ...... JULIE ...... ISABELLA WOOLEY ...... ALWYN ...... MARGUERITE ZIEGLER ...... LIEBGARD ...... ERNA ZINK ...... DOLPH ...... WARREN

Approved: April 14, 1998. Doug Rogers, Chief, Special Projects & Support Branch, International District. [FR Doc. 99–23242 Filed 9–7–99; 8:45 am] BILLING CODE 4830±01±U

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Corrections Federal Register Vol. 64, No. 173

Wednesday, September 8, 1999

This section of the FEDERAL REGISTER p.m.)’’ should read ‘‘21 September 1999 Friday, August 27, 1999, make the contains editorial corrections of previously (800 a.m. to 1600 p.m.)’’. following correction: published Presidential, Rule, Proposed Rule, [FR Doc. C9–22568 Filed 9–7–99; 8:45 am] and Notice documents. These corrections are § 3830.91 [Corrected] prepared by the Office of the Federal BILLING CODE 1505±01±D Register. Agency prepared corrections are On page 47034, in the second column, issued as signed documents and appear in in § 3830.91(a), in the last line, the appropriate document categories DEPARTMENT OF EDUCATION ‘‘3830.960’’ should read ‘‘3830.96’’. elsewhere in the issue. National Commission on Mathematics [FR Doc. C9–21911 Filed 9–7–99; 8:45 am] and Science Teaching for the 21st BILLING CODE 1505±01±D Century; Meeting DEPARTMENT OF COMMERCE Correction DEPARTMENT OF TRANSPORTATION International Trade Administration In notice document 99–22647 beginning on page 47490 in the issue of Federal Aviation Administration Initiation of Antidumping and Tuesday, August 31, 1999, make the Countervailing Duty Administrative following corrections: 14 CFR Part 71 Reviews and Requests for Revocation 1. On page 47490, in the second in Part column, in the ADDRESSES section, in [Airspace Docket No. 99±ACE±40] Correction the second line, ‘‘SW’’ should read ‘‘NW’’. Amendment to Class E Airspace; In notice document 99–22463 2. On the same page, in the third Nevada, MO beginning on page 47167 in the issue of column, in the second full paragraph, in Monday, August 30, 1999, make the the fourth line, Correction following correction(s): ‘‘[email protected]’’ should read In rule document 99–22220 beginning 1. On page 47168, in the table, at ‘‘[email protected]’’. 3. On the same page, in the same on page 47386, in the issue of Tuesday, ‘‘Italy: Certain Pasta, A–475–818’’, August 31, 1999, make the following under the fourth entry, add ‘‘N. Puglisi column, in the same paragraph, in the correction: & F. Industria Paste Alimentari S.p.A.’’. fifth line, ‘‘Jamila [email protected]’’ l 2. On the same page, in the table, at should read ‘‘Jamila [email protected]’’. § 71.1 [Corrected] ‘‘Italy: Certain Pasta, C–475–819’’, ‘‘1/1/ [FR Doc. C9–22647 Filed 9–7–99; 8:45 am] On page 47387, in the third column, 98–12/31/99’’ should read ‘‘1/1/98–12/ BILLING CODE 1505±01±D 31/98’’. under ACE MO E5 Nevada, MO [Revised], in the tenth line, ‘‘6l6-mile’’ [FR Doc. C9–22463 Filed 9–7–99; 8:45 am] DEPARTMENT OF THE INTERIOR should read ‘‘6.6-mile’’. BILLING CODE 1505±01±D [FR Doc. C9–22220 Filed 9–7–99; 8:45 am] Bureau of Land Management BILLING CODE 1505±01±D DEPARTMENT OF DEFENSE 43 CFR Part 3830 Office of the Secretary [WO-620-1430-00-24 1A] RIN 1004-AD31 Defense Intelligence Agency, Science and Technology Advisory Board Locating, Recording, and Maintaining Closed Panel Meeting Mining Claims or Sites; and Extension Correction of Currently Approved Information Collection, OMB Approval Number In notice document 99–22568 1004-0114 appearing on page 47489 in the issue of Tuesday, August 31, 1999, in the first Correction column, in the DATES: section, In proposed rule document 99–21911 ‘‘September 1999 (800 a.m. to 1600 beginning on page 47023, in the issue of

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DEPARTMENT OF COMMERCE reviewed under the unintentional delay June 8, 1999. A public hearing was held standard. See the discussion below of on June 10, 1999. Patent and Trademark Office the changes to § 2.66. Written comments were submitted by Post Registration: The revised two organizations, two law firms, and 37 CFR Parts 1, 2, 3 and 6 provisions of sections 8 and 9 of the five trademark attorneys. Three [Docket No. 980826226±9185±02] Act, and these amendments to the rules, organizations and one attorney testified apply only to affidavits and renewal at the oral hearing. RIN 0651±AB00 applications filed on or after October 30, References below to ‘‘the Act,’’ ‘‘the Trademark Act’’ or ‘‘the statute’’ refer to Trademark Law Treaty Implementation 1999. The old law applies to affidavits the Trademark Act of 1946, as amended, Act Changes and renewal applications filed before October 30, 1999, even if the sixth or 15 U.S.C. 1051 et seq. ‘‘TMEP’’ is the AGENCY: Patent and Trademark Office, tenth anniversary, or the expiration date Trademark Manual of Examining Commerce. of the registration is on or after October Procedure (2nd ed., Rev. 1.1, August ACTION: Final rule. 30, 1999. This is true even for affidavits 1997). and renewal applications that are filed SUMMARY: The Patent and Trademark Application Filing Dates before, but examined after, October 30, Office (Office) is amending its rules to 1999. TLTIA section 103 adds sections implement the Trademark Law Treaty 1(a)(4) and 1(b)(4) of the Act to give the The revised provisions of section 9 of Implementation Act of 1998 (TLTIA), Office authority to establish and change the Act do not apply to applications for Pub. L. 105–330, 112 Stat. 3064 (15 filing date requirements. The Office is renewal of registrations that expire U.S.C. 1051), and to otherwise simplify amending § 2.21 to require the following before October 30, 1999, even if the and clarify procedures for registering elements for receipt of a filing date: (1) applications are examined after October trademarks, and for maintaining and The name of the applicant; (2) a name 30, 1999. For example, if a registration renewing trademark registrations. and address for correspondence; (3) a expires on October 29, 1999, the TLTIA implements the Trademark Law clear drawing of the mark; (4) a list of registrant may file a renewal application Treaty (TLT). TLT is to make the the goods or services; and (5) the filing within the three-month grace period procedural requirements of the different fee for at least one class of goods or provided under the old law. The new national trademark offices more services. consistent. six-month grace period does not apply Comment: One comment stated that to registrations with expiration dates DATES: the proposed requirement in § 2.21(a)(3) Effective Date: October 30, 1999. prior to October 30, 1999. for a ‘‘clear drawing of the mark’’ was Applicability Dates: See Likewise, the new law does not apply confusing, and that it could impose a SUPPLEMENTARY INFORMATION. to a section 8 affidavit due before hardship on some applicants, e.g., FOR FURTHER INFORMATION CONTACT: October 30, 1999, even if the affidavit is where the attorney’s only copy of the Mary Hannon, Office of Assistant not examined until after October 30, drawing is a fax received from a foreign Commissioner for Trademarks, by 1999. For example, if a registration client. telephone at (703) 308–8910, extension issued on October 29, 1993, the Response: The requirement for a 137; by facsimile transmission registrant must meet the statutory ‘‘clear drawing of the mark’’ is intended addressed to her at (703) 308–9395; or requirements of section 8 of the Act on to be more lenient than the current by mail marked to her attention and or before October 29, 1999. The requirement for a drawing addressed to Assistant Commissioner registrant cannot take advantage of the ‘‘substantially meeting all the for Trademarks, 2900 Crystal Drive, six-month grace period, or the requirements of § 2.52.’’ A clear drawing Arlington, Virginia 22202–3513. deficiency period, provided under the of the mark is essential, so that the new law. SUPPLEMENTARY INFORMATION: application can be properly examined, The revised provisions of section 8 of and so that the public will have Applicability Dates the Trademark Act, 15 U.S.C. 1058, and adequate notice of the mark. Pending Applications for Registration: these rule changes, apply to the filing of The following elements will no longer The TLTIA amendments to the Act, and an affidavit of continued use or be required for receipt of a filing date: these rule changes, shall apply to any excusable nonuse under section 8 of the a certified copy of the foreign application for registration of a Act if: (1) The sixth or tenth anniversary registration in a section 44(e) trademark pending on, or filed on or of registration, or the sixth anniversary application; an allegation of the after, October 30, 1999. of publication under section 12(c) of the applicant’s use or bona fide intention to Informal Applications: Application Act, is on or after October 30, 1999; and use the mark in commerce; a specimen papers filed before October 30, 1999, but (2) the affidavit is filed on or after and date of first use in commerce in a not reviewed by the Office for October 30, 1999. However, the section 1(a) application; a stated filing compliance with minimum filing provisions of section 8(a)(3) of the Act, basis; and a signature. These elements requirements until after October 30, requiring the filing of a section 8 will instead be required during 1999, will be required to meet the affidavit at the end of each successive examination. minimum filing requirements (§ 2.21) in ten year period after registration, do not Comment: One comment stated that effect as of the date of filing. If the apply to a registration issued or while a filing date should not be denied application fails to meet the minimum renewed for a twenty year term (i.e., a if the application does not include a filing requirements in effect on the date registration issued or renewed before filing basis, the basis should be made of of filing, but meets the minimum filing November 16, 1989) until a renewal record as soon as possible. requirements in effect on the date the application is due. Response: The Office expects that papers are reviewed, the application A Notice of Proposed Rulemaking was most applicants will state the filing will be assigned a filing date of October published in the Federal Register (64 basis in the original application. If the 30, 1999. FR 25223) on May 11, 1999, and in the application does not include the filing Petitions to Revive: Petitions to revive Official Gazette of the Patent and basis, this information will be required pending on October 30, 1999, will be Trademark Office (1223 TMOG 41) on in the first Office action.

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Bulky Specimens Response: The Office will attempt to noted that there will be a greater Amended § 2.56(d)(1) requires that capture the mark as used on the urgency for the Office to ensure that the specimen, but may not copy all portions single specimen is always available for specimens be flat and no larger than 81⁄2 inches (21.6 cm.) wide by 11.69 inches of the bulky specimens. If an additional public inspection. (29.7 cm.) long. This is consistent with specimen is needed, the examining Response: As noted above, the Office current § 2.56. Section 2.56(d)(2) is attorney will require a substitute will no longer permit specimens to be added, stating that if an applicant specimen that meets the size removed from files. The Office now submits a specimen that exceeds the requirements of the rules. microfilms all incoming applications, so size requirement (a ‘‘bulky specimen’’), Number of Specimens Required that a record of the specimen is available to the public if it is lost. In the the Office will create a facsimile of the The Office is amending §§ 2.56(a), specimen that meets the requirements of near future, the Office will be scanning 2.76(b)(2), 2.86(b), and 2.88(b)(2) to all incoming applications and the rule (i.e., is flat and no larger than require one rather than three specimens 81⁄2 inches (21.6 cm.) wide by 11.69 allegations of use and will have an with an application under section 1 of electronic image of any specimen that is inches (29.7 cm.) long), insert it in the the Act, or an amendment to allege use application file wrapper, and destroy lost. or statement of use of a mark in an Comment: One comment asked the original bulky specimen. application under section 1(b) of the Currently, when an applicant submits whether more than one specimen may Act. The Office previously required be submitted. a specimen that does not meet the three specimens so that an interested Response: Yes, while only one requirements of § 2.56 (i.e., is not flat, party, such as a potential opposer, could specimen will be required, a party may exceeds the size limitation, etc.), the permanently remove a specimen from choose to file more than one specimen. Office retains the specimen even though an application file, yet not leave the file Multiple specimens will be retained in it is impossible to attach it to the without specimens. TMEP § 905.01. the file as long as they do not exceed the application file wrapper. This requires However, multiple copies of specimens size limitations of § 2.56(d)(1). substantial special handling because the are no longer necessary because the Office must store and track the public may make photocopies of a Persons Who May Sign specimens separately from the single specimen. application file wrappers. Because the Comment: Three comments opposed Currently, sections 1(a)(1)(A) and number of newly filed applications has the proposed requirement for only one 1(b)(1)(A) of the Act require that an increased from approximately 83,000 to specimen, stating that if only one application by a juristic applicant be over 233,000 per year over the past ten specimen is required, and that specimen signed ‘‘by a member of the firm or an years, and the number of pending is lost, the file will be left with no officer of the corporation or association applications has increased from less specimen; that multiple specimens applying.’’ TLTIA section 103 amends than 100,000 to over 350,000 in the enable interested third parties to obtain sections 1(a) and 1(b) of the Act to same period, it has become increasingly an original without having to contact eliminate the specification of the difficult to ensure that the bulky the applicant directly; and that current appropriate person to sign on behalf of specimens follow the application files. photocopying technology does not an applicant. As the number of applications has adequately reproduce color, small The applicant or registrant, and the increased, bulky materials submitted as details, tones, low-contrast images, or applicant’s or registrant’s attorney, are specimens have also increased, highly ornate/intricate or densely best able to determine who should sign requiring an increased use of limited worded specimens. documents filed in the Office. resources to handle the bulky materials. Response: The Office does not permit Therefore, the Office will no longer Further, because specimens of this the removal of other documents from question the authority of the person nature are often misplaced or lost application files and will no longer who signs a verification, or a renewal during examination processing, the permit specimens to be removed from application, unless there is an Office must then require new files. Prohibiting the removal of inconsistency in the record as to the specimens, slowing examination and specimens will ensure that there is a signatory’s authority to sign. inconveniencing applicants. complete record of the submissions Proposed § 2.33(a) stated that a person Because the requirement for flat made by the applicant. Where removal properly authorized to sign on behalf of specimens can be easily satisfied is permitted, a third party could the applicant ‘‘includes a person with through the use of photographs, mistakenly remove a unique specimen, legal authority to bind the applicant photocopies, or other means of thinking it is merely a duplicate. This and/or a person with firsthand reproduction, the Office will no longer would leave the application file knowledge and actual or implied retain bulky materials submitted as incomplete. authority to act on behalf of the specimens. In very limited Currently, 10% of new applications applicant.’’ circumstances, the Office will continue for registration are filed electronically, Comment: One comment suggested to accept specimens consisting of and the Office expects this number to that § 2.33(a) be amended to state that a videotapes, audiotapes, CDs, computer increase dramatically in the near future. person who is properly authorized to diskettes, and similar materials where Only one specimen is required with an sign on behalf of the applicant includes: there are no non-bulky alternatives, and electronically filed application, and it is (1) A person with legal authority to bind the submission is the only means submitted as a digitized image the applicant, (2) a person with available for showing use of the mark. (§ 2.56(d)(4)). Considering the increasing firsthand knowledge of the facts Comment: One comment supported number of electronic filings and the asserted, and actual or implied authority the proposed procedure for creating move in the future to a paperless Office, to act on behalf of the applicant, and (3) facsimiles of bulky specimens. Another the Office believes that three specimens an attorney as defined in § 10.1(c) of this comment supported the proposed are unnecessary. chapter who has an actual or implied, procedure, provided that the Office Comment: One comment stated that it written or verbal power of attorney from makes copies of the front, back, and all generally supports the proposed the applicant, provided that the Office portions of the specimens. requirement for only one specimen, but may require written confirmation of

VerDate 18-JUN-99 12:12 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\A08SE0.002 pfrm04 PsN: 08SER2 48902 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Rules and Regulations such power of attorney subsequent to that the ‘‘terms ’applicant’ and ’registrant’ Kinsman, 33 USPQ2d 1057 (Comm’r the filing of the verified statement. embrace the legal representatives, Pats. 1993). Response: The suggestion has been predecessors, successors and assigns of each Material Alteration adopted, but modified slightly. The applicant and registrant.’’ Therefore, use of the term ‘‘registrant’’ in section 8 of the Act The Federal Circuit held in In re Office will not require written would imply that any legal representative, confirmation of a power of attorney, but ECCS, 94 F.3d 1578, 39 USPQ2d 2001 predecessor, successor or assign of the (Fed. Cir. 1996) that an applicant may will accept the attorney’s word that he registrant could successfully file the or she is authorized to sign on behalf of affidavits required by sections 8 and 9. To amend an application based on use to the applicant. correct this situation, and to keep with the correct an ‘‘internal inconsistency’’ in Comment: One comment suggested general principal (sic), as set out in section the original application. Id. at 1581, 39 that ‘‘and/or’’ be changed to ‘‘or.’’ 1, that the owner is the proper person to USPQ2d at 2004. An application is Response: The suggestion has been prosecute an application, section 8 has been ‘‘internally inconsistent’’ if the mark on adopted. amended to state that the owner must file the the drawing does not agree with the affidavits required by the section. Comment: One comment suggested mark on the specimens filed with the that ‘‘implied authority’’ be changed to H.R. Rep. No. 194, 105th Cong., 1st Sess. application. Id. As a result, the Office ‘‘apparent authority.’’ 18–19 (1997). has been accepting all amendments to Response: The suggestion has not Therefore, the Office is amending drawings in use-based applications if been adopted. The Office believes that §§ 2.163(a) and 2.164(b) to make it clear there is an inconsistency in the initial the ‘‘implied authority’’ standard is that filing by the owner is a minimum application. However, the Office does not believe broad enough to cover most requirement that cannot be cured after that it is in the public interest to accept circumstances and to allow applicants expiration of the filing period set forth amendments that materially alter the flexibility in determining who can sign in section 8 of the Act. mark on the original drawing. When the verifications. Under sections 1(a) and 1(b) of the Office receives a new application, the Comment: Four comments requested Act, an application for registration of a mark on the drawing is promptly filed clarification as to whether attorneys can mark must also be filed by the owner. in the Trademark Search Library and sign on behalf of clients, and whether Therefore, new § 2.71(d) states that entered into the Office’s electronic and any special power of attorney is needed. although a mistake in setting out the administrative systems. Because the Response: Sections 2.33(a) and applicant’s name can be corrected, the granting of a filing date to an 2.161(b) have been amended to provide application cannot be amended to set application potentially establishes a for signature of verifications by forth a different entity as the applicant; date of constructive use of the mark attorneys. No special power of attorney and that an application is void if it is under section 7(c) of the Act, timely and will be required. filed in the name of an entity that did accurate public notification of the filing Renewal applications may also be not own the mark as of the filing date of applications is important. Accepting signed by attorneys. Verification of of the application. This codifies current an amendment that materially alters the renewal applications is no longer practice. TMEP § 802.07. Huang v. Tzu mark on the original drawing is unfair required. Section 2.183(a) requires that Wei Chen Food Co. Ltd., 7 USPQ2d 1335 to third parties who search Office the renewal application be executed by (Fed. Cir. 1988) (application filed in records between the application filing ‘‘the registrant or the registrant’s name of individual two days after mark date and the date of the amendment, representative.’’ was acquired by newly formed because they do not have accurate Filing by Owner corporation held void); Accu Personnel information about earlier-filed Inc. v. Accustaff Inc., 38 USPQ2d 1443 applications. Relying on the search of Although TLTIA amends the statute (TTAB 1996) (application filed in name Office records, a third party may to eliminate the specification of the of entity that did not yet exist not void); innocently begin using a mark that proper party to sign on behalf of an In re Tong Yang Cement Corp., 19 conflicts with the amended mark, but applicant or registrant, the statute still USPQ2d 1689 (TTAB 1991) (application not with the original mark. Also, an requires that the owner of the mark file filed by joint venturer void where mark examining attorney may approve a later- an application for registration, owned by joint venture); U.S. Pioneer filed application for registration of a amendment to allege use, statement of Electronics Corp. v. Evans Marketing, mark that conflicts with the amended use, request for extension of time to file Inc., 183 USPQ 613 (Comm’r Pats. 1974) mark, but not with the original mark. a statement of use, and section 8 (misidentification of applicant’s name Therefore, the Office is amending § 2.72 affidavit. See sections 1(a)(1), 1(b)(1), may be corrected). to prohibit amendments that materially 1(d)(1), 1(d)(2), and 8(b) of the Act. The Office is also amending alter the mark on the original drawing. TLTIA section 105 amends section 8 §§ 2.88(e)(3), 2.89(a)(3), and 2.89(b)(3) to Comments: One law firm opposed any of the Act to require that the owner of state that if a statement of use or request amendment of § 2.72, stating that the the mark file an affidavit of continued for an extension of time to file a decisions in ECCS and In re Dekra, 44 use or excusable nonuse within the time statement of use is unsigned or signed USPQ2d 1693 (TTAB 1997) established period set forth in section 8(a) of the by the wrong party, a substitute a fair compromise between the rights of Act. The legislative history states: verification must be submitted before the applicant and the rights of third Throughout the revised section 8, the term the expiration of the statutory period for parties. One organization stated that ‘‘registrant’’ has been replaced by the term filing the statement of use. This is minor changes like the change ‘‘owner.’’ The practice at the Patent and consistent with current practice. See permitted in ECCS should be allowed, Trademark Office has been to require that the TMEP §§ 1105.05(f)(i)(A) and but that it ‘‘does not endorse the type of current owner of the registration file all the 1105.05(d). Sections 1(d)(1) and (2) of substantial change to a drawing post-registration affidavits needed to maintain a registration. The current owner of the Act require verification by the permitted in Dekra,’’ and expressed the registration must aver to actual owner within the statutory period for concern that the amendment to § 2.72 knowledge of the use of the mark in the filing the statement of use. Therefore, could lead to a more stringent standard subject registration. However, the definition the Office cannot extend or waive the for determining material alteration than of ‘‘registrant’’ in section 45 of the Act states deadline for filing the verification. In re the standard set forth in ECCS. The

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However, the that applicants should have the option for determining material alteration is Office does not yet have the technology to identify color using a generally adopted, the more liberal standard to scan marks in color, and the marks accepted color identification system. applied to section 1(a) or section 1(b) will be uploaded into the Office’s Response: The Office does not applications should be used. automated systems in black and white. endorse any one commercial color Response: ECCS held that under Comment: One comment asked identification system. However, in current § 2.72(b), the specimens filed whether marks would be published in addition to a written description of the with the original application in a use- the Official Gazette and issued in color. color contained in a mark, an applicant based application must be considered in Response: The Office will not publish may refer to a commercial color determining what mark the applicant and issue marks in color on October 30, identification system to describe color. seeks to register. However, the court 1999. However, the Office anticipates Revival of Abandoned Applications specifically noted that seven decisions publishing and issuing marks in color in cited in the ECCS decision were not the future. Effective October 30, 1999, sections affected: ‘‘We have carefully examined Comment: Two comments requested 1(d)(4) and 12(b) of the Act, and section all * * * (seven) cases and find that that color photocopiers be made 2.66 permit the revival of an abandoned none has any bearing on the situation available to the public. application where the delay in before us in which an original Response: Color photocopiers are very responding to an Office action or notice application is internally inconsistent as expensive and will not be available to of allowance is ‘‘unintentional.’’ A to what the mark is, the specimen the public on October 30, 1999. The showing of ‘‘unavoidable’’ delay is no displaying one mark and the drawing a Office is looking into purchasing a color longer required. All petitions to revive slightly different mark .* * *’’ Id. at copier for use by the public, for a fee, pending on or filed on or after October 1581, 39 USPQ2d at 2004 (emphasis and will make it available as soon as 30, 1999, will be reviewed under the added). ECCS specifically cited In re possible. unintentional delay standard. Abolio y Rubio S.A.C.I. y G., 24 USPQ2d Comment: One comment suggested Under § 2.66(a), the applicant must 1152 (TTAB 1992) and In re Meditech that the Office should permit the use of file a petition to revive (1) within two Int’l Corp., 25 USPQ2d 1159 (TTAB lining or stippling to indicate color on months of the mailing date of the notice 1990). ECCS at 1581, 39 USPQ2d at a drawing, at least until an alternative of abandonment; or (2) within two 2004. Abolio y Rubio involved an method of indicating color gains wide months of actual knowledge of the application based on a foreign acceptance. abandonment, if the applicant did not registration (15 U.S.C. 1026(e)) in which Response: There will be a transition receive the notice of abandonment, and the drawing omitted the design shown period in which the Office will continue the applicant was diligent in checking in the foreign registration submitted to publish and register marks that the status of the application. These with the application. Meditech contain the color linings currently in deadlines will be strictly enforced. concerned a use-based application in § 2.52(e). An Official Gazette notice will The written statement that the delay which the drawing contained the typed advise when color lining is no longer was unintentional must be signed by words ‘‘DESIGN OF A BLUE STAR’’ acceptable. someone with firsthand knowledge of while the specimens showed a design of Comment: One comment noted that the facts, but it need not be verified or twenty blue stars without the words proposed § 2.52(a)(2)(i) referred to color supported by a declaration under § 2.20. shown in the drawing. In both of these lining, while the color lining chart was It is not necessary to explain the cases, the applicants were not permitted deleted from § 2.52(e). circumstances that caused the to amend their drawings. Subsequently, Response: The reference to color unintentional delay. The Office will the Federal Circuit in In re Hacot- lining has been deleted from generally not question the applicant’s Colombier, affirmed the Board’s refusal § 2.52(a)(2)(i). assertion that the delay in responding to to permit an applicant to amend its Comment: One comment suggested an Office action or notice of allowance drawing in an application based on a that the Office clarify what is a was unintentional, and will grant the foreign-filed application, 15 U.S.C. sufficient description and location of petition, unless there is information in 1126(d). 105 F.3d 616, 41 USPQ2d 1523 color applied to a mark. the record indicating that the delay was (Fed. Cir. 1997). Citing Abolio y Rubio Response: The application must in fact intentional. with approval, the Court gave deference include a clear and specific description See the discussion below of the to the agency’s interpretation that § 2.72 of the mark, identifying the mark as amendments to § 2.66 for further includes both a prohibition against consisting of the particular color as information on the requirements for material alterations and a requirement applied to the goods or services. If the filing a petition to revive. that any alteration conform to the mark color is applied only to a portion of the Comment: One comment suggested in the foreign registration. Id. at 619, 41 goods, the description must indicate the that § 2.66(a) (1) and (2) be amended to USPQ2d at 1526. The present specific portion. Similarly, if the mark provide for filing a petition to revive amendment to § 2.72 is not intended to includes gradations of color, the within two months of ‘‘the mailing date change the standard for determining description should so indicate. The of an adverse decision on a Request For what constitutes a material alteration as Office will issue an examination guide Reinstatement,’’ so as to avoid a discussed in the Board cases cited in giving further guidance as to how it will disincentive for filing requests for ECCS, or in Hacot-Colombier. process color drawings. reinstatement.

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Response: The suggestion has not The Office now denies petitions when § 2.146 if the petitioner has waited too been adopted because it is unnecessary. the petitioner waits too long before long before investigating the problem. When the Office denies a request for checking the status of an application or Amendment of Basis After Publication reinstatement, the Office routinely gives registration. The rationale is that the applicant an opportunity to pay the granting the petition would be unfair to Proposed § 2.35(b) prohibited an petition fee and convert the request for third parties who may have searched amendment to add or substitute a basis reinstatement into a petition to revive. Office records and relied to their after publication. Comment: One comment suggested detriment on information that an Comments: Four comments opposed that § 2.66(a) be amended to provide for application was abandoned or that a the proposed prohibition against the filing of a petition to revive where registration had expired or been amending the basis after publication, the applicant did not timely respond to cancelled. A third party may have and one comment supported the ‘‘a decision on the petition (other than diligently searched Office records and proposal. a petition to revive under this rule),’’ begun using a mark because the search Response: Because of the arguments because ‘‘(t)here may be instances where showed no earlier-filed conflicting submitted by the opponents of the a decision on petition is misdirected by marks, or an examining attorney may proposed rule prohibiting amendment the U.S. Postal Service and results in the have searched Office records and of the basis after publication, the Office abandonment of the application. For approved a later-filed application for a is withdrawing the proposal. Section example, consider a petition for an conflicting mark. 2.35(b) is instead amended to extension of time to commence judicial A party can check the status through incorporate current practice, i.e., to state review under 37 CFR 2.145(e).’’ the Trademark Status Line ((703) 305– that an application that is not the Response: The suggestion has not 8747) or through the Trademark subject of an inter partes proceeding been adopted. Sections 1(d)(1) and 12(b) Applications and Registrations Retrieval before the Trademark Trial and Appeal of the Act, 15 U.S.C. 1051(d)(1) and (TARR) database on the Office’s World Board may be amended to add or 1062(b), provide for revival of an Wide Web site at http://www.uspto.gov/ substitute a basis after publication, if the abandoned application based on a go/tarr/. Written status inquiries are applicant files a petition to the showing of unintentional delay only discouraged. Commissioner; and that republication where there is a delay in responding to Comment: One comment suggested will always be required. TMEP an Office action or filing a statement of that the one-year due diligence standard § 1006.04. An application that is the use or request for an extension of time be expressly incorporated into subject of an inter partes proceeding to file a statement of use. In the example §§ 2.66(a)(2) and 2.146(i). before the Trademark Trial and Appeal provided, the remedy is found in Response: The suggestion has been § 2.145(e)(2), which provides that the adopted. Board is governed by § 2.133(a). Commissioner may extend the time for Comment: One comment requested Specification of Type of Commerce No filing an appeal or commencing a civil guidance as to how one proves that he Longer Required action ‘‘upon written request after the or she has been diligent in monitoring expiration of the period for filing an the status of a pending matter. The Office will no longer require a appeal or commencing a civil action Response: A party may call the Status specification of the type of commerce in upon a showing that the failure to act Line, or access status information which a mark is used in an application was the result of excusable neglect.’’ In through the World Wide Web, and make for registration based on use in other situations, the remedy is to file a a notation in the party’s own file noting commerce under section 1(a) of the Act, petition to the Commissioner under the date of the status inquiry, and the allegation of use in an application based § 2.146(a)(5), under which the substance of the information learned. If on section 1(b) of the Act, affidavit of Commissioner may waive any provision it is ever necessary to petition for continued use under section 8 of the Act of the rules that is not a provision of the corrective action, the dates and (section 8 affidavit), or affidavit of statute, where an extraordinary situation substance of the status inquiries should incontestability under section 15 of the exists, justice requires, and no other be summarized in the petition. No Act (section 15 affidavit). party is injured thereby. further documentation is necessary. The Office proposed to eliminate the Comment: One comment objected to requirements that sections 8 and 15 Due Diligence the requirement that petitioners be affidavits specify the type of commerce Sections 2.66(a)(2) and 2.146(i) are diligent in monitoring the status of in which the mark is used, currently amended to indicate that where a pending matters, noting that docketing a required by §§ 2.162(e) and 2.167(c). petitioner seeks to reactivate an one-year status check every time a paper Sections 8 and 15 of the Act do not application or registration that was is filed or received results in a maze of require that the affidavits list the type of abandoned or cancelled due to the confusing entries in docketing systems commerce. Because the definition of alleged loss or mishandling of papers that makes it difficult to tell which dates ‘‘commerce’’ in section 45 of the Act is mailed to or from the Office, the petition have been superseded. ‘‘all commerce which may lawfully be will be denied if the petitioner was not Response: To protect the interests of regulated by Congress,’’ the Office will diligent in checking the status of the third parties and to maintain the presume that a registrant who states that application or registration. This codifies integrity of the register, the Office the mark is in use in commerce is the long-standing past practice of the believes that requests to reactivate stating that the mark is in use in a type Office. TMEP sections 413, abandoned applications or cancelled of commerce that Congress can regulate. 1112.05(b)(ii), and 1704. To be registrations must be made within a Comment: No comments opposed the considered diligent, the petitioner must reasonable time; the Office does not proposed deletion of the requirement check the status of the application or believe that requiring a status check that section 8 and section 15 affidavits registration that is the subject of the once per year is unreasonable. specify the type of commerce. One petition within one year of the last filing Therefore, the Office will continue its comment suggested that §§ 2.33(b)(1), or receipt of a notice from the Office for long-standing practice of denying 2.34(a)(1)(iii), 2.76(b)(1)(ii), and which further action by the Office is petitions to revive under § 2.66 and 2.88(b)(1)(ii) be amended to require an expected. petitions to the Commissioner under allegation that the mark is in ‘‘use in

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The correction of most statutory deficiencies or allegation of use. surcharge for filing a section 8 affidavit after the expiration of the statutory Response: The suggestion has been or section 9 renewal application during filing period, albeit for an additional fee. adopted, but modified slightly. Sections the grace period is $100 per class. If a To avoid deficiency fees, registrants are 1(a), 1(c), and 1(d) of the Act do not combined filing under sections 8 and 9 encouraged to file section 8 affidavits require that an applicant specify the of the Act is filed during the grace and renewal applications early in the type of commerce in which the mark is period, two grace period surcharges statutory period. Under both sections 8 used in an application or allegation of must be included for each class, one for and 9 of the Act, there is a one-year use. Sections 2.33(b)(1), 2.34(a)(1)(iii), the section 8 affidavit and another for period in which a section 8 affidavit or 2.76(b)(1)(ii), and 2.88(b)(1)(ii) are the section 9 renewal application. renewal application can be filed, plus amended to delete the requirement that TLTIA sections 105 and 106 also an additional six-month grace period. the applicant specify the type of amend sections 8(c)(2) and 9(a) of the Section 8 affidavits are now examined commerce in which the mark is used. Act to allow for the correction of most within six months of filing, and renewal The Office will not require that the deficiencies after the deadline set forth applications are examined less than two applicant specifically state that the mark in the statute, with payment of an months after filing. is in use in commerce that the United additional surcharge. The surcharge for Comment: One comment stated that it States Congress can regulate. Instead, correcting a deficiency in a section 8 would be unfair to charge a deficiency the Office will presume that an affidavit or a section 9 renewal surcharge if the information needed to applicant who states that the mark is in application is $100. Only a single cure defects is within the control of the use in commerce is stating that the mark deficiency surcharge will be required for PTO, e.g., an assignment or change of is in use in a type of commerce that correcting deficiencies in a combined name waiting to be recorded. Congress can regulate. sections 8 and 9 filing, even if both the Response: If the party who filed was section 8 affidavit and the renewal the owner of the registration at the time Statement of Method of Use or Intended application are deficient. of filing, there will be no deficiency Use of Marks No Longer Required Comment: One comment requested surcharge for recording documents or clarification as to how the deficiency The rules no longer require a submitting other evidence of ownership, and grace period fees would be applied statement of the applicant’s method or before or after the expiration of the to section 8 affidavits and renewal intended method of use of a mark, filing periods set forth in the Act. applications pending before or around Comment: One comment asked why because sections 1(a), 1(b), and 1(d) of the date of implementation. there was a surcharge for correcting the Act have been amended to omit Response: The new fees do not apply deficiencies in a section 8 affidavit, but these requirements. to section 8 affidavits and renewal not for a section 15 affidavit. Post Registration applications filed before October 30, Response: Section 8(c)(2) of the Act 1999. The revised provisions of sections requires a surcharge for correcting TLTIA sections 105 and 106 amend: 8 and 9 of the Act, and these deficiencies after expiration of the (1) section 8 of the Act, 15 U.S.C. 1058, amendments to the rules, apply only to deadline set forth in section 8 of the to add a requirement for filing an affidavits and renewal applications filed Act, while section 15 of the Act does not affidavit or declaration of continued use on or after October 30, 1999. The old require a deficiency surcharge. There is or excusable nonuse in the year before law, and the old fees, apply to affidavits no statutory cutoff date for filing a the end of every ten-year period after and renewal applications filed before section 15 affidavit. Amendments or the date of registration; and (2) section October 30, 1999, even if the sixth or corrections to section 15 affidavits are 9 of the Act, 15 U.S.C. 1059, to delete tenth anniversary, or the expiration not accepted, but substitute affidavits the requirement for a declaration of date, of the registration is on or after may be filed. TMEP § 1604.03. continued use or excusable nonuse in a October 30, 1999. This is true even for Comment: The Office had proposed renewal application. Thus, every tenth affidavits and renewal applications that decreasing the renewal fee from $300 to year, the owner of a registration must are filed before, but examined after, $200 per class, and increasing the filing file both a section 8 affidavit and a October 30, 1999. See the discussion fees for sections 8 and 15 affidavits from renewal application. under the heading ‘‘Dates/Applicability $100 to $200 per class. Two comments The statutory filing periods for the ten Dates,’’ supra, for further information objected to the proposed increase in year section 8 affidavits are the same as about the effective date of TLTIA and filing fees for sections 8 and 15 the statutory filing periods for renewal this final rule. affidavits. applications. The Office will create a Comment: One comment suggested Response: The Office is withdrawing combined ‘‘Sections 8 and 9’’ form to that it would be unfair to charge the these proposals at this time. make it easy to make both filings in a deficiency surcharge if large backlogs Comment: One comment suggested single document. In substance, the prevent examination in a timely that the automated records of the Office requirements of the combined filing manner. should specify which affidavits had under amended sections 8 and 9 of the Response: Ultimately, it is the been filed under section 8 of the Act, Act will be the same as the requirements registrant who is responsible for filing e.g., ‘‘first section 8 affidavit,’’ ‘‘second for renewal under current law. documents that meet the requirements section 8 affidavit,’’ etc. A section 8 affidavit between the fifth of the Act and the rules. The surcharges Response: The Office’s automated and sixth year after the date of required by sections 8(c)(2) and 9(a) of records will identify a section 8 affidavit registration is also required. This is the Act will be charged regardless of as ‘‘Section 8 (6 year)’’ or ‘‘Section 8 (10 consistent with current law. No renewal whether there are backlogs in year). Further information may be application is required during the sixth examination. Under current law, obtained from the Status Line at (703) year. statutory requirements must be met 305–8747, or from the Trademark

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Applications and Registrations Retrieval seeking to confirm the change in Section 1.5(c) is amended to clarify (TARR) database on the Office’s World ownership. the requirements for identifying Wide Web site at http://www.uspto.gov/ Response: The suggestion has not trademark applications and go/tarr/. The prosecution history will been adopted. The deletion of the registrations. show the number of section 8 affidavits requirement for an underlying Section 1.6(a) is amended to provide that have been filed. document supporting a request to record that the Office will consider trademark- a change of name was made because related correspondence transmitted Recording Assignments and Changes of section 10 of the Act no longer requires electronically to have been filed on the Name an underlying document in a request to date of transmission, regardless of Currently, the Office will record only record a name change. whether that date is a Saturday, Sunday, or Federal holiday within the District of an original document or a true copy of Assignment of Section 1(b) Applications an original. TLTIA section 107 amends Columbia. This is consistent with the section 10 of the Act to allow TLTIA section 107 amends section 10 treatment of correspondence filed as recordation of a document that is not an of the Act to permit an assignment after Express Mail with the United States original or a true copy. the applicant files an amendment to Postal Service (USPS) under § 1.10. Comment: One comment suggested allege use under section 1(c) of the Act. Comment: One comment suggested that § 3.25(a)(4) should be amended to Currently, a section 1(b) application that § 1.6(a)(1) be amended to state that delete the requirement for signature by cannot be assigned until after the filing Express Mail deposited on a Saturday, the assignee when an assignment is of a statement of use under section 1(d) Sunday, or Federal holiday will receive supported by a statement explaining of the Act, except to a successor to the a filing date as of the date of deposit how the conveyance affects title. The applicant’s business, or the portion of with the USPS. Response: The suggestion has not comment noted that assignments signed the business to which the mark pertains. been adopted. Sections 1.6(a)(2) and only by the assignor have been routinely This amendment corrects an oversight 1.10(a) already state that recorded for many years; that the rule as in the Trademark Law Revision Act of correspondence filed by Express Mail written would be a major change in 1988 (Title 1 of Pub. L. 100–667, 102 will be considered filed as of the date policy; that the assignment of Stat. 3935 (15 U.S.C. 1051)), which of deposit with USPS, and these trademarks and the associated goodwill amended section 10 of the Act to permit sections do not limit the date of deposit is regarded as a matter of state law, and an assignment of a section 1(b) application to someone other than a as Express Mail to a day that is not a signature by the assignee is not required weekend or Federal holiday. Therefore, by the law of a number of states; and successor to the applicant’s business only after the filing of a statement of use it is not necessary to repeat this that the proposed rule would seek to information in § 1.6(a)(1). The Office impose by Federal law an additional under section 1(d) of the Act. The substance of statements of use and now stamps correspondence filed by requirement in a transaction that is Express Mail under § 1.10 with the clearly covered by state law, and raises amendments to allege use are the same, and the only difference is the time of USPS ‘‘date in,’’ regardless of whether a question as to whether there is Federal that date is a Saturday, Sunday, or authority for doing so. filing, so there is no reason to treat them differently. Federal holiday within the District of Response: The suggestion has not Columbia. TMEP § 702.02(f); MPEP been adopted. Section 3.25(a) sets forth Discussion of Specific Rules Changed or § 513. a number of types of underlying Added The current text of § 1.23 is documents one can submit to the Office The Office is amending rules 1.1, 1.4, designated as paragraph (a), and to support a request to record an 1.5, 1.6, 1.23, 2.1, 2.6, 2.17, 2.20, 2.21, amended to clarify that payment must assignment. Section 3.25(a)(4) is not a 2.31, 2.32, 2.33, 2.34, 2.35, 2.37, 2.38, be made in U.S. dollars, and in the form requirement, but only one alternative 2.39, 2.45, 2.51, 2.52, 2.56, 2.57, 2.58, of a cashier’s or certified check, available to a party seeking to record an 2.59, 2.66, 2.71, 2.72, 2.76, 2.86, 2.88, Treasury note, or USPS money order to assignment. Traditionally, the only 2.89, 2.101, 2.111, 2.146, 2.151, 2.155, be considered unconditional payment of document that the Office accepted to 2.156, 2.160, 2.161, 2.162, 2.163, 2.164, a fee. As with current practice, payment support a request to record an 2.165, 2.166, 2.167, 2.168, 2.173, 2.181, of a fee by other forms (e.g., by personal assignment was the original assignment 2.182, 2.183, 2.184, 2.185, 2.186, 3.16, or corporate check, or authorization to document or a true copy of the original 3.24, 3.25, 3.28, 3.31, and 6.1. charge a credit card) is subject to actual document. Amended § 3.25(a) provides Section 1.1(a)(2) is amended to set collection of the fee. a wider range of supporting documents. forth all the addresses for filing Section 1.23 is also amended to add The Office will continue to accept an trademark correspondence in one rule. a paragraph (b), providing that original assignment document, or a true Section 1.1(a)(2)(i) is amended to payments of money for fees in copy of an original, that is signed only exempt papers filed electronically from electronically filed trademark by the assignor. the requirement that correspondence be applications, or electronic submissions Comment: One comment suggested mailed to the street address of the in trademark applications, may also be that § 3.25(b) should be amended to Office. made by credit card. The Office continue the current requirement for an Section 1.1(a)(2)(v) is amended to previously limited fee payment by original or a true copy of an original state that an applicant may transmit an credit card to the fees required for with a request to record a change of application for trademark registration information products, and will continue name. The comment noted that it is electronically, but only if the applicant to accept payment of information generally easy to obtain a document uses the Office’s electronic form. product fees by credit card. reflecting a name change, and would Section 1.4(a)(2) is amended to correct Section 1.23(b) will also provide that therefore not be a significant burden to a cross-reference. payment of a fee by credit card must parties seeking to record assignments; Section 1.4(d)(1)(iii) is added to specify the amount to be charged and and that the proposed rule requiring provide for signature of electronically such other information as is necessary only a legible cover sheet would result transmitted trademark filings, where to process the charge, and is subject to in a burden to members of the public permitted. collection of the fee.

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Section 1.23(b) will further provide existing and future applications and Comment: One comment suggested that the Office will not accept a general registrations; and that someone relying that § 2.20 be amended to permit the use authorization to charge fees to a credit on such a power of attorney must: (1) of the language of 28 U.S.C. 1746 in a card. The Office cannot accept an Include a copy of the previously filed declaration. authorization to charge ‘‘all required power of attorney; or (2) refer to the Response: The suggestion has been fees’’ or ‘‘the filing fee’’ to a credit card, previously filed power of attorney, adopted. Section 2.20 is amended to because the Office cannot determine specifying: The filing date; the permit the filing of a verification under with certainty the amount of an application serial number, registration 28 U.S.C. 1746 in lieu of either an unspecified fee (the amount of the number, or inter partes proceeding affidavit or a declaration under § 2.20. ‘‘required fee’’ or the applicable ‘‘filing number for which the original power of This reflects current practice. TMEP fee’’) within the time frame for reporting attorney was filed; and the name of the § 803.02. a charge to the credit card company. party who signed the power of attorney; Section 2.21 is revised to require the Also, the Office cannot accept charges to or, if the application serial number is following minimum requirements for credit cards that require the use of a not known, submit a copy of the receipt of an application filing date: (1) personal identification number (PIN) application or a copy of the mark, and The name of the applicant; (2) a name (e.g., certain debit cards or check cards). specify the filing date. and address for correspondence; (3) a Section 1.23(b) also contains a Comment: One comment requested clear drawing of the mark; (4) an warning that if credit card information clarification as to whether a ‘‘global’’ identification of goods or services; and is provided on a form or document other power of attorney will be effective for (5) the filing fee for at least one class of than a form provided by the Office for all registrations, including those that goods or services. See the discussion the payment of fees by credit card, the have no immediate deadline. under the heading ‘‘Supplementary Office will not be liable if the credit Response: Yes, the power of attorney Information/Application Filing Dates,’’ card number is made public. The Office will be effective for registrations that supra. currently provides an electronic form have no immediate deadline. When the The following minimum requirements for use when paying a fee in an attorney later takes an action, such as for receiving a filing date have been electronically filed trademark filing an affidavit of continued use or a deleted: A stated basis for filing; a application or electronic submission in renewal application, he or she must verification or declaration signed by the a trademark application. This form will comply with the requirements of applicant; an allegation of use in not be included in the records open to § 2.17(d) in order to rely on the power commerce, specimen, and date of first public inspection in the file of a of attorney. use in commerce in an application trademark matter. However, the Comment: One comment asked under section 1(a) of the Act; an inclusion of credit card information on whether a global power of attorney will allegation of the applicant’s bona fide forms or documents other than the remain valid if the application for intention to use the mark in commerce electronic form provided by the Office which the power was filed is in an application under section 1(b) or may result in the release of credit card abandoned. section 44 of the Act; a claim of priority information. Response: Yes. The Office will in an application under section 44(d) of Section 2.1 is amended to update a maintain a record of the power of the Act; and a certified copy of a foreign cross-reference. attorney, and the power will remain registration in an application under Section 2.6(a)(6) is amended to delete valid even if the original power was section 44(e) of the Act. A claim of reference to the three-month renewal filed with an application that is later priority under section 44(d) must be grace period. TLTIA changes the grace abandoned, or with a registration that is filed before the end of the priority period to six months. later cancelled. period. All other elements must be Section 2.6(a)(14) is removed because Comment: One comment suggested provided during examination. it is unnecessary. The cost of a that the Office should require attorneys Section 2.21(a)(3) is amended to combined affidavit or declaration under to set forth the jurisdiction in which require a ‘‘clear drawing of the mark’’ sections 8 and 15 of the Act is the sum they are admitted and their bar number rather than the drawing ‘‘substantially of the cost of the individual filings. Section 2.6(a)(14) is added, requiring in a power of attorney. meeting all the requirements of § 2.52’’ a $100 surcharge per class for filing a Response: The suggestion has not that is now required. section 8 affidavit during the grace been adopted, because the Office does Section 2.21(b) is amended to state period. not need this information to process that the Office ‘‘may’’ rather than ‘‘will’’ Section 2.6(a)(20) is added, requiring applications and other documents. The return the papers and fees to the a $100 surcharge for correcting a purpose of TLT is to minimize the applicant when an application does not deficiency in a section 8 affidavit. number of formal requirements for meet the minimum filing requirements. Section 2.6(a)(21) is added, requiring applications, powers of attorney and A new procedure is being considered a $100 surcharge for correcting a other documents, and to make the under which the Office would retain deficiency in a renewal application. procedural requirements of the different applications that do not meet the Section 2.17(c) is added, stating that national trademark offices more minimum filing requirements. to be recognized as a representative in consistent. Instituting a new Applicants would have an opportunity a trademark case, an attorney as defined requirement that an attorney include the to supply the missing element and in § 10.1(c) may file a power of attorney, jurisdiction in which he or she is receive a filing date as of the date the appear in person, or sign a paper that is admitted and a bar number would not Office receives the missing element. filed with the Office on behalf of an serve this purpose. Until a new policy is announced, the applicant or registrant. This codifies Section 2.20 is revised to delete the Office will continue to return the papers current practice. requirement for a declaration by a and fees to the applicant. Section 2.17(d) is added, stating that ‘‘member of the firm or an officer of the Comment: One comment stated that it someone may file a power of attorney corporation or association,’’ because this reserves judgment on the possible future that relates to more than one trademark requirement has been deleted from change in procedures for handling application or registration, or to all sections 1(a) and 1(b) of the Act. informal applications.

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Response: If the Office does decide to the applicant is: (1) A person with legal discussion under the heading change procedures for handling authority to bind the applicant; or (2) a ‘‘Supplementary Information/ informal applications, it will seek input person with firsthand knowledge of the Specification of Type of Commerce No from the public before instituting the facts and actual or implied authority to Longer Required,’’ supra. changes. act on behalf of the applicant; or (3) an Comment: One comment suggested The center heading ‘‘THE WRITTEN attorney as defined in § 10.1(c) of this that § 2.34(a)(1)(i), which pertains to APPLICATION’’ before § 2.31 is deleted chapter who has an actual or implied applications based on use in commerce because it is unnecessary. The heading written or verbal power of attorney from under section 1(a) of the Act, be ‘‘APPLICATION FOR REGISTRATION,’’ the applicant. See the discussion under amended to change ‘‘application filing immediately before § 2.21, encompasses the heading ‘‘Supplementary date’’ to ‘‘application filing date (in the the rules that now fall under the Information/Persons Who May Sign,’’ case of an application claiming priority heading ‘‘THE WRITTEN supra. under section 44(d), such use in APPLICATION.’’ The substance of current § 2.32(b) is commerce shall be required as of the Section 2.31 is removed and reserved. moved to § 2.33(c). Revised § 2.33 states U.S. filing date not the filing date of the The substance of the requirement that that the Office may require a substitute priority application),’’ to avoid any the application be in English has been verification of the applicant’s continued confusion, because in a section 44(d) moved to revised § 2.32(a). use or bona fide intention to use the application that claims priority, the The heading of § 2.32 is changed to mark when the applicant does not file effective filing date is the filing date of ‘‘Requirements for a complete the verified statement within a the foreign application. application.’’ Revised § 2.32(a) lists the reasonable time after the date it is Response: The suggestion has not requirements for the written signed. This codifies present practice. been adopted, because it is unnecessary, application, now listed in § 2.33(a)(1). Section 2.32(b) now states only that a and could be confusing to domestic Proposed § 2.32(a)(3)(ii) required that verification of the applicant’s continued applicants who base their applications a juristic applicant set forth the state or use of the mark is required where the solely on use in commerce and are nation under the laws of which the application is not filed within a unfamiliar with the requirements of applicant is organized. This is reasonable time after it is signed. section 44(d). Under § 1.6, consistent with current § 2.33(a)(1)(ii). However, the Office also requires correspondence is stamped with the Comment: One comment suggested verification of the applicant’s continued date of receipt in the Office, unless the that ‘‘state or nation’’ in § 2.32(a)(3)(ii) bona fide intention to use the mark in correspondence is filed under § 1.10, be changed to ‘‘jurisdiction (usually commerce when a verification under which provides for the filing of papers state or nation),’’ because juristic section 1(b) or section 44 of the Act is and fees by Express Mail. The term persons such as corporations may be not filed within a reasonable time after ‘‘application filing date’’ is now incorporated under the law of a it is signed. TMEP § 803.04. commonly used to refer to the date the jurisdiction that is not a state or nation. Section 2.33(b)(1) is amended to application is received in the Patent and Response: The suggestion has been delete the requirement that the Trademark Office, and the priority date adopted. applicant specify the type of commerce in a section 44(d) application is referred Section 2.32(a)(6) requires a list of the in which the mark is used. See the to as the ‘‘effective filing date.’’ TMEP goods or services on or in connection discussion under the heading § 708.02. The Office knows of no with which the applicant uses or ‘‘Supplementary Information/ instances in which a party whose intends to use the mark, and states that Specification of Type of Commerce No application was based on both sections in an application filed under section 44 Longer Required,’’ supra. 44(d) and 1(a) mistakenly believed that of the Act, the scope of the goods or Section 2.33(d) is added, stating that the requirements for the section 1(a) services covered by the section 44 basis where an electronically transmitted basis must be met as of the priority date. may not exceed the scope of the goods filing is permitted, the person who signs Section 2.34(a)(3) lists the or services in the foreign application or the verified statement must either: (1) requirements for an application under registration. Place a symbol comprised of numbers section 44(e) of the Act, now listed in Comment: One comment suggested and/or letters between two forward §§ 2.21(a)(5)(ii) and 2.33(a)(1)(viii). that § 2.32(a)(6) be amended to state slash marks in the signature block on Section 2.34(a)(3)(ii) requires a certified than an application may be filed under the electronic document; and print, sign copy of a foreign registration. Currently, multiple bases, with some of the goods/ and date in permanent ink, and a section 44(e) applicant must submit a services supported by only one of the maintain a paper copy of the electronic foreign certificate to receive a filing bases. submission; or (2) use some other form date. However, TLTIA section 108 Response: The suggestion has not of electronic signature that the amends section 44(e) of the Act to delete been adopted because it is unnecessary. Commissioner may designate. the requirement that the application be Section 2.34(b)(1) clearly states that an Section 2.34 is added, setting forth the ‘‘accompanied by’’ the foreign applicant may claim more than one requirements for the four bases for certificate. The Office will require that basis in a single application, and filing. New § 2.34(a)(1) lists the the applicant submit the certificate § 2.34(b)(2) indicates that the goods/ requirements for an application under during examination. services in such an application may be section 1(a) of the Act, now listed in New § 2.34(a)(3)(iii) is added, stating covered by different bases. section §§ 2.21(a)(5)(i), 2.33(a)(1)(iv), that if it appears that the foreign The heading of § 2.33 is changed to 2.33(a)(1)(vii), 2.33(a)(2), and registration will expire before the mark ‘‘Verified statement.’’ § 2.33(b)(1). Section 2.34(a)(2) lists the in the United States application will Section 2.33(a) is amended to state requirements for an application under register, the applicant must submit a that the application must include a section 1(b) of the Act, now listed in certification from the foreign country’s statement that is signed and verified by §§ 2.21(a)(5)(iv) and 2.33(a)(1)(iv). trademark office, showing that the a person properly authorized to sign on Section 2.34(a)(iii) is amended to registration has been renewed and will behalf of the applicant. Section 2.33(a) delete the requirement that the be in force at the time the United States further states that a person who is applicant specify the type of commerce registration will issue. This codifies properly authorized to sign on behalf of in which the mark is used. See the current practice. TMEP § 1004.03.

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Comment: One comment suggested new basis after the expiration of the six- application to seek registration under that the phrase ‘‘before the United States month priority period. Currently, if an section 1(a) of the Act for those goods registration will issue,’’ be changed to application is filed solely under section or services unless the applicant files an ‘‘before the United States registration is 44(d), and the applicant amends to allegation of use under section 1(c) or expected to issue assuming no unusual substitute a different basis after the section 1(d) of the Act. delays,’’ because at the time of expiration of the six-month priority Section 2.38(a) is amended to update examination the exact date of issue is period, the effective filing date of the a cross-reference. subject to wide variance. application becomes the date the Section 2.39 is removed and reserved. Response: The suggestion has not applicant perfects the amendment The requirements for filing a priority been adopted. Even if there is a delay claiming the new basis. TMEP claim under section 44(d) of the Act are in issuance of a registration in an § 1006.03. moved to § 2.34(a)(4), discussed above. application under section 44(e) of the Comment: Proposed § 2.35(c) stated Sections 2.45 (a) and (b) are revised Act, due to an opposition or for other that when the applicant substitutes a to: (1) Delete the requirement for a reasons, the United States registration basis, the Office will presume that the statement of the method or intended will not issue unless the foreign original basis was valid, unless there is method of use in a certification mark registration has been renewed and is in contradictory evidence in the record. application; and (2) require a copy of force. One comment questioned whether an the standards that determine whether New § 2.34(a)(4) lists the requirements application that was amended from others may use the certification mark on for an application under section 44(d) of section 1(a) to section 1(b) would be their goods and/or in connection with the Act, now listed in §§ 2.21(a)(5)(iii), subject to attack on the ground that the their services. Sections 1(a) and 1(b) of 2.33(a)(1)(ix), and 2.39. Section original basis was invalid because there the Act, as amended, no longer require 2.34(a)(4)(i) requires that a priority was no use as a mark. a statement of the method or intended claim be filed within six months of the Response: A party who filed an method of use of a mark. The filing date of the foreign application. application based on use in commerce, requirement for a copy of the This is consistent with Articles 4(C)(1) but later discovered that what he or she certification standards codifies current and 4(D)(1) of the Paris Convention for thought was appropriate trademark use practice. TMEP § 1306.06(g)(ii). the Protection of Industrial Property, as was not in fact technical trademark use, Sections 2.51 (c) through (e) are revised at Stockholm on July 14, 1967 clearly had a bona fide intention to use removed. The substance of those rules is (Paris Convention). the mark in commerce as of the filing moved to new § 2.52. New § 2.34(b)(1) states that an date. If the use basis is invalid, the Section 2.52(a) is revised to define the applicant may claim more than one applicant is entitled to retain the term ‘‘drawing,’’ to indicate that a basis, provided that the applicant meets original filing date because the drawing may only depict a single mark, the requirements for all bases claimed. applicant had a bona fide intention to and to define the terms ‘‘typed drawing’’ This codifies current practice. Section use the mark in commerce at all times. and ‘‘special form drawing.’’ 2.34(b)(1) also states that the applicant Section 2.35(c) is therefore amended to Section 2.52(a) is revised to add may not claim both sections 1(a) and delete the statement that the Office will guidelines for drawings of various types 1(b) for the identical goods or services presume that the original basis was of unusual marks, such as marks that in one application. valid and substitute a statement that the include color, three-dimensional Revised § 2.34(b)(2) requires that the Office will presume that there was a objects, motion, sound or scent; and to applicant specify which basis covers continuing valid basis, unless there is add guidelines for showing placement which goods or services when an contradictory evidence in the record. of the mark on goods, packaging for applicant claims more than one basis. New § 2.35(d) states that if an goods, or in advertising of services. New § 2.34(c) sets forth the definition applicant properly claims a section Section 2.52(b) is revised to indicate of ‘‘commerce,’’ currently found in 44(d) basis in addition to another basis, the recommended format for the § 2.33(a)(3). the applicant will retain the priority drawing of a mark. Section 2.37 is removed. filing date under section 44(d) no matter Section 2.52(c) is revised to state that Section 2.35 is redesignated as § 2.37. which basis the applicant perfects. This for an electronically filed application, if Section 2.35 is added: ‘‘Adding, codifies current practice. TMEP the mark cannot be shown as a ‘‘typed deleting, or substituting bases.’’ § 1006.01. drawing,’’ the applicant must attach a New § 2.35(a) states that the applicant New § 2.35(e) states that the applicant digitized image of the mark to the may add or substitute a basis for may add or substitute a section 44(d) application. registration before publication, and that basis only within the six-month priority Sections 2.56, 2.57, and 2.58 are the applicant may delete a basis at any period following the filing date of the consolidated into § 2.56. time. foreign application. This is consistent Sections 2.57 and 2.58 are removed Section 2.35(b) is amended to state with current practice (TMEP § 1006.05), and reserved. that an application may be amended to and with Articles 4(C)(1) and 4(D)(1) of Section 2.56(a) is revised to require add or substitute a basis after the Paris Convention. one rather than three specimens with an publication, if the applicant files a New § 2.35(f) states that an applicant application under section 1(a) of the petition to the Commissioner; and that who adds a basis must state which basis Act, or an allegation of use under republication will always be required. covers which goods or services. section 1(c) or section 1(d) of the Act in This codifies current practice. TMEP New § 2.35(g) states that if an an application under section 1(b) of the § 1006.04. See the discussion under applicant deletes a basis, the applicant Act. See the discussion under ‘‘Supplementary Information/ must also delete any goods or services ‘‘Supplementary Information/Number of Amendment of Basis After Publication,’’ covered solely by the deleted basis. This Specimens Required,’’ supra. supra. codifies current practice. Section 2.56(b)(1) is added, stating New § 2.35(c) changes current New § 2.35(h) states that once an that a trademark specimen is a label, tag, practice to allow a section 44(d) applicant claims a section 1(b) basis as or container for the goods, or a display applicant to retain the priority filing to any or all of the goods or services, the associated with the goods; and that the date when the applicant substitutes a applicant may not amend the Office may accept another document

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This is consistent with the the Office will create a facsimile of the requirements for filing a petition to current § 2.56. specimen that meets the requirements of revive an abandoned application when Comment: One comment suggested the rule (i.e., is flat and no larger than the delay in responding to an Office that the second sentence of § 2.56(b)(1) 81⁄2 inches (21.6 cm.) wide by 11.69 action or notice of allowance is should be amended to substitute ‘‘will’’ inches (29.7 cm.) long) and put it in the ‘‘unintentional.’’ See the discussion for ‘‘may,’’ and that the following file wrapper. See the discussion under under ‘‘Supplementary Information/ sentence be added at the end of the ‘‘Supplementary Information/Bulky Revival of Abandoned Applications,’’ paragraph: ‘‘The Office may accept a Specimens,’’ supra. supra. display associated with the goods when Section 2.56(d)(4) is added, stating Sections 2.66(a) (1) and (2) are added, this is the customary method of use of that if the application is filed requiring that the applicant file a a trademark in the relevant trade or electronically, the specimen must be petition to revive within (1) two months industry.’’ submitted as a digitized image. of the mailing date of the notice of Response: The suggestion has not Section 2.59, which governs the filing abandonment; or (2) two months of been adopted. The first sentence of of substitute specimens, is revised to actual knowledge of abandonment. § 2.56(b)(1) already states that a clarify and simplify the language. Currently, the deadline for filing a specimen may be a display associated Section 2.59(b)(1) provides that when an petition to revive is sixty days from the with the goods, so the suggested third applicant submits substitute specimens mailing date of the notice of sentence is unnecessary. The word after filing an amendment to allege use abandonment or the date of actual ‘‘may’’ is used in the second sentence of under § 2.76, the applicant must verify knowledge of abandonment. TMEP § 2.56(b)(1) because it is within the the substitute specimens were in use in § 1112.05(a). The two-month deadline discretion of the examining attorney to commerce prior to filing the amendment will make it easier to calculate the due determine whether specimens are to allege use. date for a petition because it will not be acceptable. Comment: One comment suggested necessary to count days. Section 2.56(b)(2) is added, stating that § 2.59(b)(1) be amended to provide Section 2.66(a)(2) states that an that a service mark specimen must show for the filing of substitute specimens applicant must be diligent in checking the mark as actually used in the sale or that were in use ‘‘prior to filing the the status of an application, and that to advertising of the services. This is substitute specimen(s),’’ even if the be diligent, the applicant must check consistent with the current § 2.58(a). specimens were not in use as of the the status of the application within one Section 2.56(b)(3) is added, stating filing date of the amendment to allege year of the last filing or receipt of a that a collective trademark or collective use. The comment noted that under the notice from the Office for which further service mark specimen must show how current rule, if the substitute specimens action by the Office is expected. This a member uses the mark on the are not in use as of the filing date of the codifies current practice. TMEP sections member’s goods or in the sale or amendment to allege use, then the 413 and 1112.05(b)(ii). See the advertising of the member’s services. applicant must cancel the first discussion under the heading This codifies current practice. TMEP amendment to allege use and substitute ‘‘Supplementary Information/Due § 1303.02(b). a new one, and stated that this serves no Diligence,’’ supra. Section 2.56(b)(4) is added, stating useful purpose. Sections 2.66 (b)(2) and (c)(2) are that a collective membership mark Response: The suggestion has not amended to require ‘‘a statement, signed specimen must show use by members to been adopted. Section 1(c) of the Act by someone with firsthand knowledge indicate membership in the collective provides for the filing of an amendment of the facts, that the delay * * * was organization. This codifies current to allege use only after the applicant unintentional.’’ This statement need not practice. TMEP § 1304.09(c). ‘‘has made use of the mark in be verified. Section 2.56(b)(5) is added, stating commerce.’’ Under § 2.76(e)(2), a Section 2.66(b)(3) is amended to state that a certification mark specimen must minimum filing requirement for an that if the applicant did not receive the show how a person other than the amendment to allege use is a specimen Office action, the applicant need not owner uses the mark to certify regional showing that the mark is in use in include a proposed response to an or other origin, material, mode of commerce on or in connection with the Office action with a petition to revive. manufacture, quality, accuracy, or other goods or services. If the applicant This codifies current practice. characteristics of the person’s goods or cannot show use in commerce as of the Sections 2.66(c) (3) and (4) are services; or that members of a union or filing date of the amendment to allege amended to state that if the applicant other organization performed the work use, then the amendment cannot be did not receive the notice of allowance or labor on the goods or services. This considered ‘‘filed’’ as of that date. The and requests cancellation of the notice codifies current practice. TMEP Office believes that its records should of allowance, the petition to revive need § 1306.06(c). accurately show the date when an not include a statement of use or request Section 2.56(c) is added, stating that intent-to-use applicant files an for an extension of time to file a a photocopy or other reproduction of a acceptable amendment to allege use statement of use, or the fees for the specimen is acceptable, but that a under section 1(c) of the Act, because extension requests that would have been photocopy or facsimile that merely this date can be significant. For due if the application had never been reproduces the drawing is not a proper example, under § 2.75(b), if an intent-to- abandoned. This codifies current specimen. This is consistent with the use applicant amends to the practice. current § 2.57. Supplemental Register, the effective Section 2.66(c)(5) is added, stating New § 2.56(d)(1) states that a filing date of the application becomes that the applicant must file any further specimen must be flat and no larger the date the amendment to allege use requests for extensions of time to file a than 81⁄2 inches (21.6 cm.) wide by was perfected. It would be unfair to statement of use under § 2.89 that 11.69 inches (29.7 cm.) long. This is grant the intent-to-use applicant an become due while the petition is consistent with the current § 2.56. effective filing date on the pending, or file a statement of use

VerDate 18-JUN-99 12:12 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\A08SE0.017 pfrm04 PsN: 08SER2 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Rules and Regulations 48911 unless: (1) A statement of use is filed who has ‘‘statutory’’ authority to sign, registration certificate’ if the foreign with or before the petition to revive, or the ‘‘color of authority’’ provisions are priority application lapses.’’ (2) the petition states that the applicant unnecessary. Response: The suggestion has not did not receive the notice of allowance New § 2.71(b)(2) states that if the been adopted. Section 44(d) is a basis and requests cancellation of the notice declaration or verification of a statement for filing an application, not a basis for of allowance. This codifies current of use under § 2.88 or a request for registration. If the applicant perfects the practice. extension of time to file a statement of section 44(e) basis, the mark in the Section 2.66(f)(3) is added, stating use under § 2.89 is unsigned or signed United States application must be a that if the Commissioner denies the by the wrong party, the applicant must substantially exact representation of the petition to revive, the applicant may submit a substitute verification before mark in the home country registration. request reconsideration by: (1) Filing the the expiration of the statutory deadline If the applicant elects not to perfect the request within two months of the for filing the statement of use. section 44(e) basis, the mark in the mailing date of the decision denying the Section 2.71(d) is added, stating that United States application must be a petition; and (2) paying a second a mistake in setting out the applicant’s substantially exact representation of the petition fee under § 2.6. Currently, the name can be corrected, but the mark on the specimens filed with a rules do not specifically provide for application cannot be amended to set section 1(a) application or with an requests for reconsideration of petition forth a different entity as the applicant; allegation of use in a section 1(b) decisions, but the Commissioner has the and that an application filed in the application. A mark would not be discretion to consider these requests name of an entity that did not own the registrable if it were a substantially under § 2.146(a)(3). The Office believes mark on the filing date of the exact representation of the mark in the that an additional fee should be application is void. This codifies foreign application, but not a required to pay for the work done in current practice. TMEP § 802.07. See the substantially exact representation of the processing the request for discussion under ‘‘Supplementary mark in the foreign registration in a reconsideration. This is consistent with Information/Filing by Owner,’’ supra. section 44(e) application, or the new § 2.146(j). Section 2.72 is revised to remove specimens in a use-based application. Section 2.71(a) is revised to state that paragraph (a), and redesignate Section 2.76(b)(1) is revised to state the applicant may amend the paragraphs (b) through (d) as (a) through that a complete amendment to allege identification to clarify or limit, but not (c). use must include a statement that is broaden, the identification of goods New paragraphs (a) through (c) will verified or supported by a declaration and/or services. This simplifies the each state that an applicant may not under section 2.20 by a person properly language of the current § 2.71(b). amend the description or drawing of the authorized to sign on behalf of the New § 2.71(b)(1) states that if the mark if the amendment materially alters applicant. declaration or verification of an the mark; and that the Office will Section 2.76(b)(1) is further revised to application under § 2.33 is unsigned or determine whether a proposed delete the requirement for a statement of signed by the wrong person, the amendment materially alters a mark by the method or manner of use of the applicant may submit a substitute comparing the proposed amendment mark in an amendment to allege use, verification or declaration under § 2.20. with the description or drawing of the because this requirement has been This changes current practice. mark in the original application. See the removed from section 1(a) of the Act. Currently, the applicant must submit a discussion under the heading Section 2.76(b)(1)(ii) is amended to signed verification to receive an ‘‘Supplementary Information/Material delete the requirement that the application filing date, and if the Alteration,’’ supra. applicant specify the type of commerce verification is signed by the wrong Comment: One comment suggested in which the mark is used. See the party, the applicant cannot file a that § 2.72(b) should be amended to discussion under the heading substitute verification unless the party provide that in an application based on ‘‘Supplementary Information/ who originally signed had ‘‘color of section 1(b) of the Act, the applicant Specification of Type of Commerce No authority’’ (i.e., firsthand knowledge of ‘‘may amend the heading on the Longer Required,’’ supra. the facts and actual or implied authority drawing to reflect a change in Section 2.76(b)(2) is revised to require to act on behalf of the applicant). TMEP applicant’s name, jurisdiction of one rather than three specimens with an Section 803. As discussed above, the citizenship or organization, and/or amendment to allege use. Office is deleting the requirement that address at any time,’’ to encourage the Section 2.76(i) is added, stating that if the applicant submit a signed prompt amendment of applications to an amendment to allege use is not filed verification in order to receive a filing reflect changes in the applicant’s name, within a reasonable time after it is date. If the verification is unsigned or address and/or jurisdiction. signed, the Office may require a signed by the wrong party, the applicant Response: The suggestion has not substitute verification or declaration must replace the declaration during been adopted because it is unnecessary. under § 2.20 that the mark is still in use examination. Section 2.72(b) pertains only to in commerce. This codifies current The requirement for a verification ‘‘by amendment of the ‘‘description or practice. TMEP § 803.04. the applicant, a member of the applicant drawing of the mark,’’ not to Section 2.76(j) is added, noting that firm, or an officer of the applicant amendment of the heading on a the requirements for multi-class corporation or association’’ has been drawing. An applicant who submits a applications are stated in § 2.86. removed from § 2.71(c). This is substitute drawing is free to amend the The heading of § 2.86 is changed to consistent with the amendments to heading in the substitute drawing. ‘‘Application may include multiple sections 1(a) and 1(b) of the Act. See the Comment: One comment suggested classes.’’ The current § 2.86(a), which discussion under ‘‘Supplementary that § 2.72(c)(1) be amended to provide states that an applicant may recite more Information/Persons Who May Sign,’’ that in an application based on § 44(d) than one item of goods, or more than supra. of the Act, the applicant may amend the one service, in a single class, if the The ‘‘color of authority’’ provisions drawing of the mark if the amendment applicant either has used or has a bona have been deleted from § 2.71(c). is supported by the foreign application, fide intention to use the mark on all the Because the statute no longer specifies ‘‘because there may never be a ‘foreign goods or services, is removed. The

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This is consistent with substitute verification or declaration in multiple classes in a single current practice. TMEP under § 2.20 that the applicant still has application, provided that the applicant § 1105.05(f)(i)(A). Section 1(d)(1) of the a bona fide intention to use the mark in specifically identifies the goods and Act specifically requires verification by commerce. This codifies current services in each class; submits a fee for the applicant within the statutory practice. TMEP § 803.04. each class; and either includes dates of period for filing the statement of use. Section 2.101(d)(1) is revised to use and one specimen, or a statement of Section 2.88(k) is added, stating that update a cross-reference. a bona fide intention to use the mark in if the statement of use is not filed within Section 2.111(c)(1) is revised to commerce, for each class. a reasonable time after it is signed, the update a cross-reference. Section 2.86(a)(3) is amended to add Office may require a substitute Section 2.146(d) is revised to delete a provision that the applicant may not verification or declaration under § 2.20 ‘‘sixty days’’ and substitute ‘‘two claim both use in commerce and a bona stating that the mark is still in use in months’’ as the deadline for filing fide intention to use the mark in commerce. This codifies current certain petitions. This will make it commerce for the identical goods or practice. TMEP § 803.04. easier to calculate the due date for a services in one application. Section 2.88(l) is added, noting that petition, because it will not be necessary Section 2.86(b) is amended to state the requirements for multi-class to count days. that a statement of use or amendment to applications are stated in § 2.86. Section 2.146(i) is added, stating that allege use must include the required fee, Sections 2.89(a)(3) and (b)(3) are where a petitioner seeks to reactivate an dates of use, and one specimen for each revised to require that the statement that application or registration that was class. the applicant has a bona fide intention abandoned or cancelled due to the loss Section 2.86(b) is amended to add a to use the mark in commerce in a or mishandling of papers mailed to or provision that the applicant may not file request for an extension of time to file from the Office, the petition will be the statement of use or amendment to a statement of use be verified or denied if the petitioner was not diligent allege use until the applicant has used supported by a declaration under § 2.20 in checking the status of the application the mark on all the goods or services, by a person properly authorized to sign or registration; and that to be considered unless the applicant files a request to on behalf of the applicant; and that if diligent, the applicant must check the divide. This is consistent with the the extension request is unsigned or status of the application or registration current §§ 2.76(c) and 2.88(c). signed by the wrong party, the applicant within one year of the last filing or Section 2.86(c), which prohibits an must submit a substitute verification or receipt of a notice from the Office for applicant from claiming both use in declaration on or before the statutory which further action by the Office is commerce and intent-to-use in a single deadline for filing the statement of use. expected. This codifies current practice. multi-class application, is deleted. This is consistent with current practice. TMEP sections 413 and 1704. See the However, new § 2.86(a)(3) will state that TMEP § 1105.05(d). Sections 1(d)(1) and discussion under the heading the applicant may not claim both use in (2) of the Act specifically require ‘‘Supplementary Information/Due commerce and intent-to-use for the verification by the applicant within the Diligence,’’ supra. identical goods or services in one statutory filing period. Section 2.146(j) is added, stating that application. The substance of the last sentence of Section 2.89(d) is revised to remove if the Commissioner denies the petition, the current § 2.86(b) is moved to new paragraph (1), which requires a the petitioner may request § 2.86(c). statement that the applicant has not yet reconsideration by: (1) Filing the request Section 2.88(b)(1) is revised to state made use of the mark in commerce on within two months of the mailing date that a complete statement of use must all the goods and services. The of the decision denying the petition; and include a statement that is verified or Commissioner has held that an (2) paying a second petition fee under supported by a declaration under § 2.20 extension request that omits this § 2.6. Currently, the rules do not by a person properly authorized to sign allegation is substantially in compliance specifically provide for requests for on behalf of the applicant. with § 2.89(d) if the request contains a reconsideration of petition decisions, Section 2.88(b)(1) is revised to delete statement that the applicant has a but the Commissioner has the discretion the requirement for a statement of the continued bona fide intention to use the to consider these requests under method or manner of use in a statement mark in commerce. In re Schering- § 2.146(a)(3). The Office believes that an of use. This requirement has been Plough Healthcare Products Inc., 24 additional fee should be required to pay removed from section 1(d)(1) of the Act. USPQ2d 1709 (Comm’r Pats. 1992). for the work done in processing the Section 2.88(b)(1)(ii) is amended to Therefore, the requirement is request for reconsideration. This is delete the requirement that the unnecessary. consistent with new § 2.66(f)(3), applicant specify the type of commerce Section 2.89(g) is amended to change discussed above. in which the mark is used. See the the time limit for filing a petition to the Section 2.151 is revised to update a discussion under the heading Commissioner from the denial of a cross-reference and simplify the ‘‘Supplementary Information/ request for an extension of time to file language. Specification of Type of Commerce No a statement of use from one month to Section 2.155 is revised to update a Longer Required,’’ supra. two months. The two-month deadline is cross-reference and simplify the Section 2.88(b)(2) is revised to require consistent with the deadline for filing a language. one specimen with a statement of use, petition to revive an unintentionally Section 2.156 is revised to update a rather than the three specimens now abandoned application under § 2.66, cross-reference and simplify the required. and with the amendment of the language.

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Section 2.160 is added, ‘‘Affidavit or anniversary of the date of registration, Section 2.161(b) also states that the declaration of continued use or which may not be allowed by the verified statement must be executed on excusable nonuse required to avoid statute.’’ or after the beginning of the filing cancellation.’’ New §§ 2.160(a) (1) and Response: The suggestion has not period specified in § 2.160(a). (2) list the deadlines for filing the been adopted. The Office will accept Section 2.161(d)(2) is added, requiring affidavit or declaration, and new section 8 affidavits filed on either the a surcharge for filing an affidavit or § 2.160(a)(3) states that the owner may ninth or the tenth anniversary after the declaration of continued use or file the affidavit or declaration within date of registration. This is consistent excusable nonuse during the grace six months after expiration of these with current practice, which permits the period. deadlines, with an additional grace filing of a section 8 affidavit on either Section 2.161(d)(3) is added, stating period surcharge. Currently, there is no the fifth or the sixth anniversary after that if the fee submitted is enough to grace period for filing a section 8 the date of registration. TMEP § 1603.03. pay for at least one class, but not enough affidavit. New § 2.160(b) advises that § 2.161 to pay for all the classes, and the Comment: Since many registrations lists the requirements for the affidavit or particular class(es) covered by the are still in twenty-year registration declaration. affidavit or declaration are not specified, terms, one comment suggested that The heading of § 2.161 is changed to the Office will issue a notice requiring § 2.160(a)(2) be amended to require ‘‘Requirements for a complete affidavit either the submission of additional filing of an affidavit or declaration of or declaration of continued use or fee(s) or an indication of the class(es) to continued use or excusable nonuse excusable nonuse.’’ Section 2.161 is which the original fee(s) should be ‘‘within the year before the end of every revised to list the requirements for the applied; that additional fee(s) may be ten-year period after the date of affidavit or declaration. submitted if the requirements of § 2.164 registration or renewal.’’ Section 2.161(a) is revised to state that are met; and that if additional fees are Response: The suggestion has not the owner must file the affidavit or not submitted and the class(es) to which been adopted. The language of new declaration within the period set forth the original fee(s) should be applied are § 2.160(a)(2) tracks the language of in section 8 of the Act. not specified, the Office will presume § 8(a)(3) of the Act. However, the Comment: One comment suggested that the fee(s) cover the classes in provisions of section (a)(3) of the Act, ascending order, beginning with the requiring the filing of a section 8 that § 2.161(a) be amended to require lowest numbered class. affidavit at the end of each successive that the affidavit ‘‘be filed within the New § 2.161(e) requires that the ten year period after registration, do not time period set forth in § 2.160 by the affidavit or declaration list both the apply to a twenty-year registration until owner, provided that if the owner is an a renewal application is due. See the assignee or other transferee, then such goods or services on which the mark is discussion under the heading ‘‘Dates/ assignment or transfer shall be recorded in use in commerce and the goods or Applicability Dates,’’ supra. with the Office on or before the filing of services for which excusable nonuse is Comment: One comment suggested a section 8 (affidavit), or within six claimed. Currently, a list of the goods or that § 2.160(a)(1)(i) should be amended months after an official action requiring services is not required when excusable to require filing ‘‘after the fifth such recordal.’’ nonuse is claimed. In re Conusa Corp., anniversary of the date of registration Response: The suggestion has not 32 USPQ2d 1857 (Comm’r Pats. 1993). and no later than the sixth anniversary been adopted. An assignee is not However, TLTIA section 105 amends of the date of registration,’’ rather than required to record the assignment in section 8(b)(2) of the Act to specifically ‘‘between the fifth and sixth year after order to file a section 8 affidavit. Under require ‘‘an affidavit setting forth those the date of registration,’’ because the § 3.73(b), the assignee also has the goods on or in connection with which phrase ‘‘between the fifth and the sixth option of submitting other proof of the the mark is not in use.’’ year’’ could be interpreted to be a single change of ownership (i.e., material Comment: One comment stated that if day. showing the transfer of title). TMEP the goods for which excusable nonuse is Response: The suggestion has been section 502 and § 1603.05(a). claimed are not listed in a section 8 adopted, but modified slightly. Section 2.161(b) is revised to state affidavit, registrants should be given the Section 2.160(a)(1)(i) is amended to that the affidavit or declaration must opportunity to correct the oversight. state that an affidavit of continued use include a verified statement that is Response: If the goods or services for or excusable nonuse must be filed ‘‘on signed and verified (sworn to) or which excusable nonuse is claimed are or after the fifth anniversary and no later supported by a declaration under § 2.20 not listed in an affidavit, the registrant than the sixth anniversary after the date by a person properly authorized to sign will be given an opportunity to correct of registration.’’ This makes it clear that on behalf of the owner, attesting to the the deficiency. However, because the affidavit may be filed on the fifth continued use or excusable nonuse of section 8(b)(2) of the Act specifically anniversary of the registration. A similar the mark within the period set forth in requires that the affidavit set forth the amendment is made to § 2.160(a)(1)(ii). section 8 of the Act. Section 2.161(b) goods or services on or in connection Comment: One comment suggested further states that a person properly with which the mark is not in use in that § 2.160(a)(2) be amended to require authorized to sign on behalf of the commerce, a deficiency surcharge will filing ‘‘after the ninth anniversary of owner is: (1) A person with legal be required if the deficiency is corrected either the date of registration or the authority to bind the owner; or (2) a after the deadline specified in section 8 most recent renewal, and no later than person with firsthand knowledge of the of the Act. the tenth anniversary of the date of facts and actual or implied authority to The requirement that the affidavit or registration or the date of the most act on behalf of the owner; or (3) an declaration specify the type of recent renewal, respectively,’’ rather attorney as defined in § 10.1(c) of this commerce in which the mark is used, than ‘‘within the year before the end of chapter who has an actual or implied currently required by § 2.162(e), is every ten-year period after the date of written or verbal power of attorney from removed. See the discussion under the registration,’’ because the ‘‘rule as the owner. See the discussion under the heading ‘‘Supplementary Information/ proposed appears to allow the filing of heading ‘‘Supplementary Information/ Specification of Type of Commerce No a renewal application (sic) on the ninth Persons Who May Sign,’’ supra. Longer Required,’’ supra.

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The substance of § 2.162(f) is moved declaration, while other requirements affidavit may be combined with a to § 2.161(f)(2). New § 2.161(f)(2) is must be satisfied before the expiration section 8 affidavit, if the combined revised to add a requirement that the of the statutory deadline to avoid affidavit meets the requirements of both affidavit state the date when use of the cancellation of the registration. sections 8 and 15 of the Act. Section mark stopped and the approximate date TLTIA section 105 adds section 2.168(b) is revised to state that a section when use will resume. This codifies 8(c)(2) of the Act to allow correction of 15 affidavit can be combined with a current practice. Office actions are often deficiencies, with payment of a renewal application under section 9 of issued requiring a statement as to when deficiency surcharge. The Act does not the Act, if the requirements of both use of the mark stopped and when use define ‘‘deficiency,’’ but instead gives sections 9 and 15 of the Act are met. will resume, because this information is the Office broad discretion to set Section 2.173(a) is revised to simplify needed to determine whether the procedures and fees for correcting the language. nonuse is excusable, within the deficiencies. Sections 2.181(a)(1) and (2) are meaning of section 8 of the Act. New § 2.164(a)(1) states that if the revised to indicate that renewal of a The substance of § 2.162(e) is moved owner files the affidavit or declaration registration is subject to the provisions to § 2.161(g). New § 2.161(g) is revised within the period set forth in section of section 8 of the Act. This is consistent to state that the affidavit must include 8(a) or section 8(b) of the Act, with the amendment to section 9(a) of a specimen for each class of goods or deficiencies can be corrected before the the Act. services; that the specimen should be no end of this period without paying a Comment: One comment suggested larger than 81⁄2 inches (21.6 cm.) wide deficiency surcharge; and deficiencies that § 2.181(a)(1) should be amended to by 11.69 inches (29.7 cm.) long; and that can be corrected after the expiration of provide that registrations remain in if the applicant files a specimen that this period with payment of the force ‘‘from their date of issue or the exceeds these size requirements (a deficiency surcharge. date of expiration of their preceding ‘‘bulky specimen’’), the Office will New § 2.164(a)(2) states that if the term,’’ rather than ‘‘from their date of create a facsimile of the specimen that owner files the affidavit or declaration issue or expiration,’’ because an expired meets the requirements of the rule (i.e., during the grace period, deficiencies can registration cannot be renewed. is flat and no larger than 81⁄2 inches be corrected before the expiration of the Response: The suggestion has been (21.6 cm.) wide by 11.69 inches (29.7 grace period without paying a adopted and modified slightly to cm.) long) and put it in the file wrapper. deficiency surcharge, and after the simplify the language. Section See the discussion under expiration of the grace period with a 2.181(a)(1) is amended to state that ‘‘Supplementary Information/Bulky deficiency surcharge. registrations issued prior to November Specimens,’’ supra. New § 2.164(b) states that if the 16, 1989, remain in force for twenty Section 2.161(h) is added, requiring a affidavit or declaration is not filed years ‘‘from their date of issue or the designation of a domestic representative within the time periods set forth in date of renewal.’’ A similar amendment if the registrant is not domiciled in the section 8 of the Act, or if it is filed is made to § 2.181(a)(2). United States. This reflects section 8(f) within that period by someone other The heading of § 2.182 is changed to of the Act, as amended, and is than the owner, the registration will be ‘‘Time for filing renewal application.’’ consistent with current practice. cancelled. These deficiencies cannot be The section is revised to state that the The substance of § 2.163 is moved to cured. renewal application must be filed § 2.162. New § 2.162 is revised to state See the discussion under the heading within one year before the expiration that the only notice of the requirement ‘‘Supplementary Information/Post date of the registration, or within the for filing the section 8 affidavit or Registration,’’ supra, for additional six-month grace period after the declaration of continued use or information about curing deficiencies in expiration date with an additional fee. excusable nonuse is sent with the section 8 affidavits. The heading of § 2.183 is changed to certificate of registration when it is The heading of § 2.165 is changed to ‘‘Requirements for a complete renewal originally issued. This merely clarifies, ‘‘Petition to Commissioner to review application.’’ This section is revised to and does not change, current practice. refusal.’’ The last two sentences of the delete the present renewal requirements The substance of current § 2.164 is current § 2.165(a)(1) are removed. and substitute new ones based on moved to the introductory text of new Old § 2.166 is removed because it is amended section 9 of the Act. The § 2.163. unnecessary. New §§ 2.163(b) and requirements for a specimen and New § 2.163(a) states that if the owner 2.165(b) set forth the times when a declaration of use or excusable nonuse of the registration files the affidavit or registration will be cancelled. on or in connection with the goods or declaration within the time periods set New § 2.166 is added, ‘‘Affidavit of services listed in the registration are forth in section 8 of the Act, deficiencies continued use or excusable nonuse removed, because these requirements may be corrected if the requirements of combined with renewal application,’’ have been removed from section 9 of the § 2.164 are met. stating that an affidavit or declaration Act. The new requirements for renewal Section 2.163(b) is added, stating that under section 8 of the Act and a renewal are: (1) A request for renewal, signed by a response to an examiner’s Office application under section 9 of the Act the registrant or the registrant’s action must be filed within six months may be combined in a single document. representative; (2) a renewal fee for each of the mailing date, or before the end of Section 2.167(c) is revised to delete class; (3) a grace period surcharge for the filing period set forth in section 8(a) the requirement that an affidavit or each class if the renewal application is or section 8(b) of the Act, whichever is declaration under section 15 of the Act filed during the grace period; (4) if the later, or the registration will be specify the type of commerce in which registrant is not domiciled in the United cancelled. the mark is used. States, a designation of a domestic Section 2.164 is added, ‘‘Correcting The heading of § 2.168 is changed to representative; and (5) if the renewal deficiencies in affidavit or declaration.’’ ‘‘Affidavit or declaration under section application covers less than all the This section changes current practice. 15 combined with affidavit or goods or services, a list of the particular There are now some deficiencies that declaration under section 8, or with goods or services to be renewed. can be corrected after the statutory renewal application.’’ Section 2.168(a) New § 2.183(f) states that if the fee deadline for filing the affidavit or is revised to state that a section 15 submitted is enough to pay for at least

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This is consistent with class(es) to which the original fee(s) renewal application is not filed during current § 3.31(a)(8). should be applied; that additional fee(s) the proper time period. Section 2.185(b) Comment: One comment suggested may be submitted if the requirements of specifically addresses whether the that § 3.31(a)(7) be amended to require § 2.185 are met; and that if the required failure to file a renewal application in that the domestic representative ‘‘either fee(s) are not submitted and the class(es) the proper time period will be sign the cover sheet or countersign the to which the original fee(s) should be considered a deficiency that can be indication,’’ in order to prevent a applied are not specified, the Office will cured during a six-month deficiency foreign assignee from designating a presume that the fee(s) cover the classes period. The rule states that ‘‘[t]his domestic representative who is unaware in ascending order, beginning with the deficiency cannot be cured’’ (emphasis of the designation. lowest numbered class. added). Response: The suggestion has not Section 2.184 is revised to simplify Section 2.186 is added, ‘‘Petition to been adopted. The Office has never the language and to transfer some of its Commissioner to review refusal of required a domestic representative to provisions to new § 2.186. Section 2.184 renewal.’’ countersign a designation or a cover states that the Office will issue a notice New § 2.186(a) states that a response sheet, and knows of no instances where if the renewal application is not to the examiner’s initial refusal is an assignee or applicant designated a acceptable; that a response to the refusal required before filing a petition to the domestic representative who is not of renewal must be filed within six Commissioner, unless the examiner aware of the fact that he or she has been months of the mailing date of the Office directs otherwise. This is consistent designated. Instituting a new action, or before the expiration date of with the current § 2.184(a). requirement that a domestic the registration, whichever is later; and New § 2.186(b) states that if the representative sign each cover sheet that the registration will expire if the examiner maintains the refusal of the could be burdensome to assignees and renewal application is not filed within renewal application, a petition to the is contrary to the goal of minimizing the time periods set forth in section 9(a) Commissioner to review the action may formal requirements and making the of the Act. be filed within six months of the procedural requirements of the different Section 2.185 is added, ‘‘Correcting mailing date of the Office action national trademark offices more deficiencies in renewal application.’’ maintaining the refusal; and that if no consistent. Under amended section 9, the The requirement currently in renewal application must be filed petition is filed within six months of the mailing date of the Office action, the § 3.31(a)(9) that a cover sheet contain a within the renewal period or grace statement that the information on the period specified in section 9(a) of the registration will expire. This is consistent with the current § 2.184(b). cover sheet is correct and that any copy Act, or the registration will expire. of the document submitted is a true However, if the renewal application is New § 2.186(c) states that a decision by the Commissioner is necessary before copy is deleted. timely filed, any deficiencies may be Section 3.31(b) is amended to state filing an appeal or commencing a civil corrected after expiration of the that a cover sheet should not refer to action in any court. This is consistent statutory filing period, with payment of both patents and trademarks; and to put with the current § 2.184(d). a deficiency surcharge. the public on notice that if a cover sheet Section 3.16 is amended to state that New § 2.185(a)(1) states that if the contains both patent and trademark an applicant may assign an application renewal application is filed within one information, all information will based on section 1(b) of the Act once the year before the registration expires, become public after recordation. deficiencies may be corrected before the applicant files an amendment to allege Section 3.31(d) is added, stating that registration expires without paying a use under section 1(c) of the Act. a trademark cover sheet should include deficiency surcharge, or after the The heading of § 3.24 is changed to the serial number or registration number registration expires with payment of the ‘‘Requirements for documents and cover of the trademark affected by the deficiency surcharge required by section sheets relating to patents and patent conveyance or transaction, an 9(a) of the Act. applications.’’ The recording identification of the mark, and a New § 2.185(a)(2) states that if the requirements for patents are listed in description of the mark. renewal application is filed during the § 3.24. New § 3.25 is added to list the Section 3.31(e) is added, stating that grace period, deficiencies may be recording requirements for trademark the cover sheet should include the total corrected before the expiration of the applications and registrations. number of applications, registrations, or grace period without paying a Section 3.25 identifies the types of patents identified on the cover sheet deficiency surcharge, and after the documents one can submit when and the total fee. expiration of the grace period with recording documents that affect some Section 6.1 is revised to incorporate payment of the deficiency surcharge interest in trademark applications or classification changes that became required by section 9(a) of the Act. registrations. The section also sets forth effective January 1, 1997, as listed in the New § 2.185(b) states that if the the Office’s preferred format for cover International Classification of Goods renewal application is not filed within sheets and other documents. and Services for the Purposes of the the time periods set forth in section 9(a) Section 3.28 is revised to state that Registration of Marks (7th ed. 1996), of the Act, the registration will expire. separate cover sheets should be used for published by the World Intellectual This deficiency cannot be cured. patents and trademarks. Property Organization (WIPO). Comment: One comment noted that Section 3.31(a)(4) is revised to set § 2.184(c) appears to be a duplicate of forth the requirements for identifying a Rulemaking Requirements § 2.185(b) and suggested that one be trademark application when the The Office has determined that the deleted. application serial number is not known. rule changes have no federalism

VerDate 18-JUN-99 12:12 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\A08SE0.026 pfrm04 PsN: 08SER2 48916 Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Rules and Regulations implications affecting the relationship forth certain requirements for filing eleven minutes for a declaration of between the National Government and such powers of attorney. Additionally, incontestability under section 15 of the the State as outlined in Executive Order the rule sets forth requirements for Act; three minutes for powers of 12612. submitting section 8 affidavits of attorney and designations of domestic The Chief Counsel for Regulation of continued use or excusable nonuse representatives; and thirty minutes for a the Department of Commerce has combined with section 9 renewal trademark recordation form cover sheet. certified to the Chief Counsel for applications, or section 15 affidavits or These time estimates include the time Advocacy of the Small Business declarations of incontestability for reviewing instructions, searching Administration, that the rule changes combined with either section 8 existing data sources, gathering and will not have a significant impact on a affidavits or declarations or with section maintaining the data needed, and substantial number of small entities 9 renewal applications. completing and reviewing the collection (Regulatory Flexibility Act, 5 U.S.C. An information collection package of information. Comments are invited 605(b)). This rule implements the supporting the changes to the above on: (1) Whether the collection of Trademark Law Treaty Implementation information requirements, as discussed information is necessary for proper Act and simplifies and clarifies in this final rule, was submitted to OMB performance of the functions of the procedures for registering trademarks for review and approval. This agency; (2) the accuracy of the agency’s and maintaining and renewing information collection has been estimate of the burden; (3) ways to trademark registrations. The rule will approved by OMB under OMB Control enhance the quality, utility, and clarity not significantly impact any businesses. Number 0651–0009. The public of the information to be collected; and The principal effect of the rule is to reporting burden for this collection of (4) ways to minimize the burden of the make it easier for applicants to obtain a information is estimated to average as collection of information to filing date. No additional requirements follows: Seventeen minutes for respondents. are added to maintain registrations. This final rule also involves Furthermore, this rule simplifies the applications to obtain registrations based on an intent to use the mark information requirements associated procedures for registering trademarks in with amendments, oppositions, and new §§ 2.21, 2.32, 2.34, 2.45, 2.76, 2.88, under section 1(b) of the Act, if completed using paper forms; fifteen petitions to cancel. The amendments 2.161, 2.167 and 2.183 of the Trademark and the oppositions have been rules. As a result, an initial regulatory minutes for applications to obtain registrations based on an intent to use previously approved by OMB under flexibility analysis was not prepared. control number 0651–0009. The The rule changes are in conformity the mark under section 1(b) of the Act, petitions to cancel have been previously with the requirements of the Regulatory if completed using an electronic form; approved by OMB under control Flexibility Act (5 U.S.C. 601 et seq.), twenty-three minutes for applications to number 0651–0040. These requirements Executive Order 12612, and the obtain registrations based on use of the are not being resubmitted for review at Paperwork Reduction Act of 1995 (PRA) mark under section 1(a) of the Act, if this time. Send comments regarding this (44 U.S.C. 3501 et seq.). No comments completed using paper forms; twenty- burden estimate, or any other aspect of were received regarding the certification one minutes for applications to obtain this data collection, including under the Regulatory Flexibility Act. registrations based on use of the mark The changes have been determined to be under section 1(a) of the Act, if suggestions for reducing the burden, to not significant for purposes of Executive completed using an electronic form; the Assistant Commissioner for Order 12866. twenty minutes for applications to Trademarks, 2900 Crystal Drive, Notwithstanding any other provision obtain registrations based on an earlier- Arlington, VA 22202–3513 (Attn: Ari of law, no person is required to nor shall filed foreign application under section Leifman), and to the Office of a person be subject to a penalty for 44(d) of the Act, if completed using Information and Regulatory Affairs, failure to comply with a collection of paper forms; nineteen minutes for Office of Management and Budget, 725 information subject to the requirements applications to obtain registrations 17th Street, NW, Washington, DC 20230 of the PRA unless that collection of based on an earlier-filed foreign (Attn: PTO Desk Officer). information displays a currently valid application under section 44(d) of the List of Subjects OMB control number. Act, if completed using an electronic This final rule contains collections of form; twenty minutes for applications to 37 CFR Part 1 information requirements subject to the obtain registrations based on registration Administrative practice and PRA. This rule discusses changes in the of a mark in a foreign applicant’s procedure, Patents. information required from the public to country of origin under section 44(e) of obtain registrations for trademarks and the Act; thirteen minutes for allegations 37 CFR Part 2 service marks, to submit affidavits or of use of the mark under sections 2.76 Administrative practice and declarations of continued use or and 2.88; ten minutes for requests for procedure, Courts, Lawyers, excusable nonuse, statements of use, extension of time to file statements of Trademarks. requests for extensions of time to file use under section 2.89; fourteen 37 CFR Part 3 statements of use, and to renew minutes for renewal applications under registrations. This rule deletes section 9 of the Act combined with Administrative practice and requirements to identify the method of affidavits or declarations of continued procedure, Patents, Trademarks. use of a mark and the type of commerce use or excusable nonuse under section 37 CFR Part 6 in which a mark is used. Additionally, 8 of the Act; fourteen minutes for the rule removes the requirement that combined affidavits/declarations of use Trademarks. requests for recordation of documents and incontestability under sections 8 For the reasons given in the preamble be accompanied by originals or true and 15 of the Act; eleven minutes for an and under the authority contained in 35 copies of these documents. The rule affidavit or declaration of continued use U.S.C. 6 and 15 U.S.C. 41, as amended, allows the filing of powers of attorney or excusable nonuse under section 8 of the Patent and Trademark Office is that pertain to multiple registrations or the Act; eleven minutes for a renewal amending parts 1, 2, 3, and 6 of title 37 applications for registration, and sets application under section 9 of the Act; as follows:

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PART 1ÐRULES OF PRACTICE IN (f) of this section, filed in an 6. Revise § 1.23 to read as follows: PATENT CASES application, patent file, trademark registration file, or other proceeding in § 1.23 Method of payment. 1. The authority citation for part 1 the Office which requires a person’s continues to read as follows: (a) All payments of money required signature, must: for Patent and Trademark Office fees, Authority: 35 U.S.C. 6, unless otherwise (i) * * * including fees for the processing of noted. (ii) Be a direct or indirect copy, such international applications (§ 1.445), 2. Amend § 1.1 by revising paragraph as a photocopy or facsimile shall be made in U.S. dollars and in the (a)(2) to read as follows: transmission(§ 1.6(d)), of an original. In form of a cashier’s or certified check, the event that a copy of the original is Treasury note, or United States Postal § 1.1 Addresses for correspondence with filed, the original should be retained as the Patent and Trademark Office. Service money order. If sent in any evidence of authenticity. If a question of other form, the Office may delay or (a) * * * authenticity arises, the Office may cancel the credit until collection is (2) Trademark correspondence. (i) require submission of the original; or made. Checks and money orders must Send all trademark filings and (iii) Where an electronically correspondence, except as specified transmitted trademark filing is be made payable to the Commissioner of below or unless submitting permitted, the person who signs the Patents and Trademarks. Payments from electronically, to: Assistant filing must either: foreign countries must be payable and Commissioner for Trademarks, 2900 (A) Place a symbol comprised of immediately negotiable in the United Crystal Drive, Arlington, Virginia numbers and/or letters between two States for the full amount of the fee 22202–3513. forward slash marks in the signature required. Money sent by mail to the (ii) Send trademark-related block on the electronic submission; and Office will be at the risk of the sender, documents for the Assignment Division print, sign and date in permanent ink, and letters containing money should be to record to: Commissioner of Patents and maintain a paper copy of the registered with the United States Postal and Trademarks, Box Assignment, electronic submission; or Service. Washington, DC 20231. (B) Sign the verified statement using (b) Payments of money required for (iii) Send requests for certified or some other form of electronic signature Patent and Trademark Office fees in an uncertified copies of trademark specified by the Commissioner. electronically filed trademark applications and registrations, other * * * * * application or electronic submission in than coupon orders for uncertified 4. Amend § 1.5 by revising paragraph a trademark application may also be copies of registrations, to: Commissioner (c) to read as follows: made by credit card. Payment of a fee of Patents and Trademarks, Box 10, by credit card must specify the amount Washington, DC 20231. § 1.5 Identification of application, patent or registration. to be charged to the credit card and such (iv) Send requests for coupon orders other information as is necessary to for uncertified copies of registrations to: * * * * * process the charge, and is subject to (c)(1) A letter about a trademark Commissioner of Patents and collection of the fee. The Office will not application should identify the serial Trademarks, Box 9, Washington, DC accept a general authorization to charge number, the name of the applicant, and 20231. fees to a credit card. If credit card the mark. (v) An applicant may transmit an information is provided on a form or application for trademark registration (2) A letter about a registered trademark should identify the document other than a form provided by electronically, but only if the applicant the Office for the payment of fees by uses the Patent and Trademark Office’s registration number, the name of the registrant, and the mark. credit card, the Office will not be liable electronic form. if the credit card number becomes * * * * * * * * * * public knowledge. 3. Amend § 1.4 by revising the last 5. Amend § 1.6 by revising paragraph sentence of paragraph (a)(2), revising (a)(1), and adding new paragraph (a)(4), PART 2ÐRULES APPLICABLE TO paragraphs (d)(1), introductory text, and to read as follows: TRADEMARK CASES (d)(1)(ii), and adding a new paragraph § 1.6 Receipt of correspondence. (d)(1)(iii) to read as follows: (a) * * * 7. The authority citation for part 2 continues to read as follow: § 1.4 Nature of correspondence and (1) The Patent and Trademark Office signature requirements. is not open for the filing of Authority: 15 U.S.C. 1123; 35 U.S.C. 6, (a) * * * correspondence on any day that is a unless otherwise noted. (2) * * * See particularly the rules Saturday, Sunday, or Federal holiday relating to the filing, processing, or within the District of Columbia. Except 8. Revise § 2.1 to read as follows: other proceedings of national for correspondence transmitted by § 2.1 Sections of part 1 applicable. applications in subpart B, §§ 1.31 to facsimile under paragraph (a)(3) of this 1.378; of international applications in section, or filed electronically under Sections 1.1 to 1.26 of this chapter subpart C, §§ 1.401 to 1.499; of paragraph (a)(4) of this section, no apply to trademark cases, except those reexamination of patents in subpart D, correspondence is received in the Office parts that specifically refer to patents, §§ 1.501 to 1.570; of interferences in on Saturdays, Sundays, or Federal and except § 1.22 to the extent that it is subpart E, §§ 1.601 to 1.690; of holidays within the District of inconsistent with §§ 2.85(e), 2.101(d), extension of patent term in subpart F, Columbia. 2.111(c), 2.164, or 2.185. Other sections §§ 1.710 to 1.785; and of trademark * * * * * of part 1 incorporated by reference in applications and registrations, §§ 2.11 to (4) Trademark-related correspondence part 2 also apply to trademark cases. 2.186. transmitted electronically will be 9. Section 2.6 is amended by revising * * * * * stamped with the date on which the the introductory text, paragraphs (a)(6) (d)(1) Each piece of correspondence, Office receives the transmission. and (a)(14) and by adding paragraphs except as provided in paragraphs (e) and * * * * * (a)(20) and (a)(21) to read as follows:

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§ 2.6 Trademark fees. The Patent and Trademark Office requires the following fees and charges: (a) * * *

(6) Additional fee for filing a renewal application during the grace period, per class ...... $100.00

******* (14) Additional fee for filing a section 8 affidavit during the grace period, per class ...... $100.00

******* (20) For correcting a deficiency in a section 8 affidavit ...... $100.00 (21) For correcting a deficiency in a renewal application ...... $100.00

* * * * * § 2.21 Requirements for receiving a filing scope of the goods or services covered 10. Amend § 2.17 by adding date. by the section 44 basis may not exceed paragraphs (c) and (d) to read as follows: (a) The Office will grant a filing date the scope of the goods or services in the to an application that contains all of the foreign application or registration; and § 2.17 Recognition for representation. following: (7) The international class of goods or * * * * * (1) The name of the applicant; services, if known. See § 6.1 of this (c) To be recognized as a (2) A name and address for chapter for a list of the international representative, an attorney as defined in correspondence; classes of goods and services. § 10.1(c) of this chapter may file a power (3) A clear drawing of the mark; (b) The application must include a of attorney, appear in person, or sign a (4) A listing of the goods or services; verified statement that meets the paper on behalf of an applicant or and requirements of § 2.33. registrant that is filed with the Office in (5) The filing fee for at least one class (c) The application must include a a trademark case. of goods or services, required by § 2.6. drawing that meets the requirements of (d) A party may file a power of (b) If the applicant does not submit all §§ 2.51 and 2.52. (d) The application must include fee attorney that relates to more than one the elements required in paragraph (a) required by § 2.6 for each class of goods trademark application or registration, or of this section, the Office may return the or services. to all existing and future applications papers with an explanation of why the (e) For the requirements for a multiple and registrations of that party. A party filing date was denied. (c) The applicant may correct and class application, see § 2.86. relying on such a power of attorney 15. Revise § 2.33 to read as follows: must: resubmit the application papers. If the (1) Include a copy of the previously resubmitted papers and fee meet all the § 2.33 Verified statement. requirements of paragraph (a) of this filed power of attorney; or (a) The application must include a section, the Office will grant a filing statement that is signed and verified (2) Refer to the power of attorney, date as of the date the Office receives (sworn to) or supported by a declaration specifying the filing date of the the corrected papers. previously filed power of attorney; the under § 2.20 by a person properly application serial number (if known), § 2.31 [Removed and reserved] authorized to sign on behalf of the registration number, or inter partes 13. Remove and reserve § 2.31. applicant. A person who is properly proceeding number for which the 14. Revise § 2.32 to read as follows: authorized to sign on behalf of the original power of attorney was filed; and applicant is: the name of the party who signed the § 2.32 Requirements for a complete (1) A person with legal authority to power of attorney; or, if the application application. bind the applicant; or serial number is not known, submit a (a) The application must be in English (2) A person with firsthand copy of the application or a copy of the and include the following: knowledge of the facts and actual or mark, and specify the filing date. (1) A request for registration; implied authority to act on behalf of the 11. Revise § 2.20 to read as follows: (2) The name of the applicant(s); applicant; or (3)(i) The citizenship of the (3) An attorney as defined in § 10.1(c) § 2.20 Declarations in lieu of oaths. applicant(s); or of this chapter who has an actual or Instead of an oath, affidavit, (ii) If the applicant is a corporation, implied written or verbal power of verification, or sworn statement, the association, partnership or other juristic attorney from the applicant. language of 28 U.S.C. 1746, or the person, the jurisdiction (usually state or (b)(1) In an application under section following language, may be used: nation) under the laws of which the 1(a) of the Act, the verified statement applicant is organized; and must allege: The undersigned being warned that willful false statements and the like are punishable (iii) If the applicant is a partnership, That the applicant has adopted and is using by fine or imprisonment, or both, under 18 the names and citizenship of the general the mark shown in the accompanying U.S.C. 1001, and that such willful false partners; drawing; that the applicant believes it is the statements and the like may jeopardize the (4) The address of the applicant; owner of the mark; that the mark is in use validity of the application or document or (5) One or more bases, as required by in commerce; that to the best of the any registration resulting therefrom, declares § 2.34(a); declarant’s knowledge and belief, no other person has the right to use the mark in that all statements made of his/her own (6) A list of the particular goods or knowledge are true; and all statements made commerce, either in the identical form or in services on or in connection with which such near resemblance as to be likely, when on information and belief are believed to be the applicant uses or intends to use the true. applied to the goods or services of the other mark. In a United States application person, to cause confusion or mistake, or to 12. Revise § 2.21 to read as follows: filed under section 44 of the Act, the deceive; that the specimen shows the mark

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The That the applicant has a bona fide intention the specified goods or services. The to use the mark shown in the accompanying requirements for an application under drawing in commerce on or in connection dates of use required by paragraphs section 44(d) of the Act are: with the specified goods or services; that the (a)(1) (ii) and (iii) of this section may be (i) A claim of priority, filed within six applicant believes it is entitled to use the for only one of the items specified. months of the filing date of the foreign (2) Intent-to-use under section 1(b) of mark; that to the best of the declarant’s application. Before publication or the Act. (i) In an application under knowledge and belief, no other person has registration on the Supplemental the right to use the mark in commerce, either section 1(b) of the Act, the trademark Register, the applicant must either: in the identical form or in such near owner must verify that it has a bona fide resemblance as to be likely, when applied to intention to use the mark in commerce (A) Specify the filing date and country the goods or services of the other person, to on or in connection with the goods or of the first regularly filed foreign cause confusion or mistake, or to deceive; services listed in the application. If the application; or and that the facts set forth in the application (B) State that the application is based are true. verification is not filed with the initial application, the verified statement must upon a subsequent regularly filed (c) If the verified statement is not filed allege that the applicant had a bona fide application in the same foreign country, within a reasonable time after it is intention to use the mark in commerce and that any prior-filed application has signed, the Office may require the as of the filing date of the application. been withdrawn, abandoned or applicant to submit a substitute (ii) The application may list more otherwise disposed of, without having verification or declaration under § 2.20 than one item of goods, or more than been laid open to public inspection and of the applicant’s continued use or bona one service, provided the applicant has without having any rights outstanding, fide intention to use the mark in a bona fide intention to use the mark in and has not served as a basis for commerce. commerce on or in connection with all claiming a right of priority. (d) Where an electronically the specified goods or services. (ii) Include the trademark owner’s transmitted filing is permitted, the (3) Registration of a mark in a foreign verified statement that it has a bona fide person who signs the verified statement applicant’s country of origin under intention to use the mark in commerce must either: section 44(e) of the Act. The on or in connection with the goods or (1) Place a symbol comprised of requirements for an application under services listed in the application. If the numbers and/or letters between two section 44(e) of the Act are: verification is not filed with the initial forward slash marks in the signature (i) The trademark owner’s verified application, the verified statement must block on the electronic submission; and statement that it has a bona fide allege that the applicant had a bona fide print, sign and date in permanent ink, intention to use the mark in commerce intention to use the mark in commerce and maintain a paper copy of the on or in connection with the goods or as of the filing date of the application. electronic submission; or services listed in the application. If the (iii) Before the application can be (2) Sign the verified statement using verification is not filed with the initial approved for publication, or for some other form of electronic signature application, the verified statement must registration on the Supplemental specified by the Commissioner. allege that the applicant had a bona fide Register, the applicant must establish a 16. Add § 2.34 to read as follows: intention to use the mark in commerce basis under section 1(a), section 1(b) or as of the filing date of the application. section 44(e) of the Act. § 2.34 Bases for filing. (ii) A certification or certified copy of (iv) The application may list more (a) The application must include one a registration in the applicant’s country than one item of goods, or more than or more of the following four filing of origin showing that the mark has one service, provided the applicant has bases: been registered in that country, and that a bona fide intention to use the mark in (1) Use in commerce under section the registration is in full force and commerce on or in connection with all 1(a) of the Act. The requirements for an effect. The certification or certified copy the specified goods or services. application based on section 1(a) of the must show the name of the owner, the Act are: mark, and the goods or services for (b)(1) The applicant may claim more (i) The trademark owner’s verified which the mark is registered. If the than one basis, provided that the statement that the mark is in use in certification or certified copy is not in applicant satisfies all requirements for commerce on or in connection with the the English language, the applicant must the bases claimed. However, the goods or services listed in the submit a translation. applicant may not claim both sections application. If the verification is not (iii) If the record indicates that the 1(a) and 1(b) for the identical goods or filed with the initial application, the foreign registration will expire before services in the same application. verified statement must allege that the the United States registration will issue, (2) If the applicant claims more than mark was in use in commerce on or in the applicant must submit a certification one basis, the applicant must list each connection with the goods or services or certified copy from the country of basis, followed by the goods or services listed in the application as of the origin to establish that the registration to which that basis applies. If some or application filing date; has been renewed and will be in force all of the goods or services are covered (ii) The date of the applicant’s first at the time the United States registration by more than one basis, this must be use of the mark anywhere on or in will issue. If the certification or certified stated. connection with the goods or services; copy is not in the English language, the (c) The word ‘‘commerce’’ means (iii) The date of the applicant’s first applicant must submit a translation. commerce that Congress may lawfully use of the mark in commerce as a (iv) The application may list more regulate, as specified in section 45 of the trademark or service mark; and than one item of goods, or more than Act.

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§ 2.37 [Removed] § 2.38 Use by predecessor or by related when the application is filed. There are companies. 17. Remove § 2.37. two types of drawings: (a) If the first use of the mark was by (1) Typed drawing. The drawing may § 2.35 [Redesignated as § 2.37] a predecessor in title or by a related be typed if the mark consists only of words, letters, numbers, common forms 18. Redesignate § 2.35 as § 2.37. company (sections 5 and 45 of the Act), and the use inures to the benefit of the of punctuation, or any combination of 19. Add new § 2.35, to read as applicant, the dates of first use these elements. In a typed drawing, follows: (§§ 2.34(a)(1) (ii) and (iii)) may be every word or letter must be typed in § 2.35 Adding, deleting, or substituting asserted with a statement that first use uppercase type. If the applicant submits bases. was by the predecessor in title or by the a typed drawing, the application is not related company, as appropriate. limited to the mark depicted in any (a) Before publication, the applicant * * * * * special form or lettering. may add or substitute a basis, if the (2) Special form drawing. A special applicant meets all requirements for the § 2.39 [Removed and reserved] form drawing is required if the mark has new basis, as stated in § 2.34. The 21. Remove and reserve § 2.39. a two or three-dimensional design; or applicant may delete a basis at any time. 22. Revise § 2.45 to read as follows: color; or words, letters, or numbers in a (b) An applicant may amend an particular style of lettering; or unusual application that is not the subject of an § 2.45 Certification mark. forms of punctuation. inter partes proceeding before the (a) In an application to register a (i) Special form drawings must be Trademark Trial and Appeal Board to certification mark under section 1(a) of made with a pen or by a process that add or substitute a basis after the mark the Act, the application shall include all will provide high definition when has been published for opposition, but applicable elements required by the copied. A photolithographic, printer’s only with the express permission of the preceding sections for trademarks. In proof copy, or other high quality Commissioner, after consideration on addition, the application must: Specify reproduction of the mark may be used. petition. Republication will be required. the conditions under which the Every line and letter, including lines The amendment of an application that certification mark is used; allege that the used for shading, must be black. All is the subject of an inter partes applicant exercises legitimate control lines must be clean, sharp, and solid, proceeding before the Board is governed over the use of the mark; allege that the and must not be fine or crowded. Gray by § 2.133(a). applicant is not engaged in the tones or tints may not be used for (c) When the applicant substitutes one production or marketing of the goods or surface shading or any other purpose. (ii) If necessary to adequately depict basis for another, the Office will services to which the mark is applied; the commercial impression of the mark, presume that there was a continuing and include a copy of the standards that the applicant may be required to submit valid basis, unless there is contradictory determine whether others may use the a drawing that shows the placement of evidence in the record, and the certification mark on their goods and/or the mark by surrounding the mark with application will retain the original filing in connection with their services. a proportionately accurate broken-line date, including a priority filing date (b) In an application to register a representation of the particular goods, under section 44(d), if appropriate. certification mark under section 1(b) or section 44 of the Act, the application packaging, or advertising on which the (d) If an applicant properly claims a mark appears. The applicant must also section 44(d) basis in addition to shall include all applicable elements required by the preceding sections for use broken lines to show any other another basis, the applicant will retain matter not claimed as part of the mark. the priority filing date under section trademarks. In addition, the application must: specify the conditions under For any drawing using broken lines to 44(d) no matter which basis the indicate placement of the mark, or applicant perfects. which the certification mark is intended to be used; allege that the applicant matter not claimed as part of the mark, (e) The applicant may add or intends to exercise legitimate control the applicant must include in the body substitute a section 44(d) basis only over the use of the mark; and allege that of the application a written description within the six-month priority period the applicant will not engage in the of the mark and explain the purpose of following the filing date of the foreign production or marketing of the goods or the broken lines. application. services to which the mark is applied. (iii) If the mark has three-dimensional (f) When the applicant adds or When the applicant files an amendment features, the applicant must submit a substitutes a basis, the applicant must to allege use under section 1(c) of the drawing that depicts a single rendition list each basis, followed by the goods or Act, or a statement of use under section of the mark, and the applicant must services to which that basis applies. 1(d) of the Act, the applicant must include a description of the mark (g) When the applicant deletes a basis, submit a copy of the standards that indicating that the mark is three- the applicant must also delete any goods determine whether others may use the dimensional. (iv) If the mark has motion, the or services covered solely by the deleted certification mark on their goods and/or applicant may submit a drawing that basis. in connection with their services. depicts a single point in the movement, (h) Once an applicant claims a section § 2.51 [Amended] or the applicant may submit a square 1(b) basis as to any or all of the goods 23. In § 2.51, remove paragraphs (c), drawing that contains up to five freeze or services, the applicant may not (d) and (e). frames showing various points in the amend the application to seek 24. Revise § 2.52 to read as follows: movement, whichever best depicts the registration under section 1(a) of the Act commercial impression of the mark. The for those goods or services unless the § 2.52 Types of drawings and format for applicant must also submit a written applicant files an allegation of use drawings. description of the mark. under section 1(c) or section 1(d) of the (a) A drawing depicts the mark sought (v) If the mark has color, the applicant Act. to be registered. The drawing must show may claim that all or part of the mark 20. Amend § 2.38 by revising only one mark. The applicant must consists of one or more colors. To claim paragraph (a) to read as follows: include a clear drawing of the mark color, the applicant must submit a

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The applicant must verify by (3) Sound, scent, and non-visual related to the goods or the sale of the an affidavit or declaration under § 2.20 marks. The applicant is not required to goods when it is not possible to place that the substitute specimens were in submit a drawing if the applicant’s mark the mark on the goods or packaging for use in commerce at least as early as the consists only of a sound, a scent, or the goods. filing date of the application. other completely non-visual matter. For (2) A service mark specimen must Verification is not required if the these types of marks, the applicant must show the mark as actually used in the specimen is a duplicate or facsimile of submit a detailed written description of sale or advertising of the services. a specimen already of record in the the mark. (3) A collective trademark or application. (b) Recommended format for special collective service mark specimen must (b) In an application under section form drawings—(1) Type of paper and show how a member uses the mark on 1(b) of the Act, after filing either an ink. The drawing should be on a piece the member’s goods or in the sale or amendment to allege use under § 2.76 or of non-shiny, white paper that is advertising of the member’s services. a statement of use under § 2.88, the separate from the application. Black ink (4) A collective membership mark applicant may submit substitute should be used to depict the mark. specimen must show use by members to specimens of the mark as used on or in (2) Size of paper and size of mark. indicate membership in the collective connection with the goods, or in the sale The drawing should be on paper that is organization. or advertising of the services. If the 8 to 81⁄2 inches (20.3 to 21.6 cm.) wide (5) A certification mark specimen applicant submits substitute and 11 to 11.69 inches (27.9 to 29.7 cm.) specimen(s), the applicant must: long. One of the shorter sides of the must show how a person other than the owner uses the mark to certify regional (1) For an amendment to allege use sheet should be regarded as its top edge. under § 2.76, verify by affidavit or The drawing should be between 2.5 or other origin, material, mode of manufacture, quality, accuracy, or other declaration under § 2.20 that the inches (6.1 cm.) and 4 inches (10.3 cm.) applicant used the substitute high and/or wide. There should be at characteristics of that person’s goods or services; or that members of a union or specimen(s) in commerce prior to filing least a 1 inch (2.5 cm.) margin between the amendment to allege use. the drawing and the edges of the paper, other organization performed the work or labor on the goods or services. (2) For a statement of use under and at least a 1 inch (2.5 cm.) margin § 2.88, verify by affidavit or declaration (c) A photocopy or other reproduction between the drawing and the heading. under § 2.20 that the applicant used the of a specimen of the mark as actually (3) Heading. Across the top of the substitute specimen(s) in commerce used on or in connection with the drawing, beginning one inch (2.5 cm.) either prior to filing the statement of use goods, or in the sale or advertising of the from the top edge, the applicant should or prior to the expiration of the deadline services, is acceptable. However, a type the following: Applicant’s name; for filing the statement of use. photocopy of the drawing required by applicant’s address; the goods or 29. Revise § 2.66 to read as follows: services recited in the application, or a § 2.51 is not a proper specimen. typical item of the goods or services if (d)(1) The specimen should be flat, § 2.66 Revival of abandoned applications. numerous items are recited in the and not larger than 81⁄2 inches (21.6 cm.) (a) The applicant may file a petition application; the date of first use of the wide by 11.69 inches (29.7 cm.) long. If to revive an application abandoned mark and first use of the mark in a specimen of this size is not available, because the applicant did not timely commerce in an application under the applicant may substitute a suitable respond to an Office action or notice of section 1(a) of the Act; the priority filing photograph or other facsimile. allowance, if the delay was date of the relevant foreign application (2) If the applicant files a specimen unintentional. The applicant must file in an application claiming the benefit of exceeding these size requirements (a the petition: a prior foreign application under section ‘‘bulky specimen’’), the Office will (1) Within two months of the mailing 44(d) of the Act. If the information in create a facsimile of the specimen that date of the notice of abandonment; or the heading is lengthy, the heading may meets the requirements of the rule (i.e., (2) Within two months of actual continue onto a second page, but the is flat and no larger than 81⁄2 inches knowledge of the abandonment, if the mark should be depicted on the first (21.6 cm.) wide by 11.69 inches (29.7 applicant did not receive the notice of page. cm.) long) and put it in the file wrapper. abandonment, and the applicant was (c) Drawings in electronically (3) In the absence of non-bulky diligent in checking the status of the transmitted applications. For an alternatives, the Office may accept an application. To be diligent, the electronically transmitted application, if audio or video cassette tape recording, applicant must check the status of the the drawing is in special form, the CD–ROM, or other appropriate medium. application within one year of the last applicant must attach a digitized image (4) For an electronically transmitted filing or receipt of a notice from the of the mark to the electronic application, or other electronic Office for which further action by the submission. submission, the specimen must be Office is expected. 25. Revise § 2.56 to read as follows: submitted as a digitized image. (b) The requirements for filing a petition to revive an application § 2.56 Specimens. § 2.57 [Removed and reserved] abandoned because the applicant did (a) An application under section 1(a) 26. Remove and reserve § 2.57. not timely respond to an Office action of the Act, an amendment to allege use are: under § 2.76, and a statement of use § 2.58 [Removed and reserved] (1) The petition fee required by § 2.6; under § 2.88 must each include one 27. Remove and reserve § 2.58. (2) A statement, signed by someone specimen showing the mark as used on 28. Revise § 2.59 to read as follows: with firsthand knowledge of the facts,

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(b) In an application based on a bona (a) The applicant may amend the (c) The requirements for filing a fide intention to use a mark in application to clarify or limit, but not to commerce under section 1(b) of the Act, petition to revive an application broaden, the identification of goods abandoned because the applicant did the applicant may amend the and/or services. description or drawing of the mark only not timely respond to a notice of (b)(1) If the declaration or verification allowance are: if: of an application under § 2.33 is (1) The specimens filed with an (1) The petition fee required by § 2.6; unsigned or signed by the wrong party, amendment to allege use or statement of (2) A statement, signed by someone the applicant may submit a substitute use, or substitute specimens filed under with firsthand knowledge of the facts, verification or declaration under § 2.20. § 2.59(b), support the proposed that the delay in filing the statement of (2) If the declaration or verification of amendment; and use (or request for extension of time to a statement of use under § 2.88, or a (2) The proposed amendment does file a statement of use) on or before the request for extension of time to file a not materially alter the mark. The Office due date was unintentional; statement of use under § 2.89, is will determine whether a proposed (3) Unless the applicant alleges that it unsigned or signed by the wrong party, amendment materially alters a mark by did not receive the notice of allowance the applicant must submit a substitute comparing the proposed amendment and requests cancellation of the notice verification before the expiration of the with the description or drawing of the of allowance, the required fees for the statutory deadline for filing the mark filed with the original application. number of requests for extensions of statement of use. (c) In an application based on a claim time to file a statement of use that the (c) The applicant may amend the of priority under section 44(d) of the applicant should have filed under § 2.89 dates of use, provided that the applicant Act, or on a mark duly registered in the supports the amendment with an if the application had never been country of origin of the foreign affidavit or declaration under § 2.20, abandoned; applicant under section 44(e) of the Act, except that the following amendments (4) Unless the applicant alleges that it the applicant may amend the are not permitted: description or drawing of the mark only did not receive the notice of allowance (1) In an application under section if: and requests cancellation of the notice 1(a) of the Act, the applicant may not of allowance, either a statement of use (1) The description or drawing of the amend the application to specify a date mark in the foreign registration under § 2.88 or a request for an of use that is subsequent to the filing extension of time to file a statement of certificate supports the amendment; and date of the application; (2) The proposed amendment does use under § 2.89; and (2) In an application under section not materially alter the mark. The Office 1(b) of the Act, after filing a statement (5) Unless a statement of use is filed will determine whether a proposed of use under § 2.88, the applicant may with or before the petition, or the amendment materially alters a mark by not amend the statement of use to applicant alleges that it did not receive comparing the proposed amendment specify a date of use that is subsequent the notice of allowance and requests with the description or drawing of the to the expiration of the deadline for cancellation of the notice of allowance, mark filed with the original application. filing the statement of use. the applicant must file any further 32. Amend § 2.76 by revising (d) The applicant may amend the requests for extensions of time to file a paragraphs (b), (e)(2), and (e)(3), and statement of use under § 2.89 that application to correct the name of the applicant, if there is a mistake in the adding paragraphs (i) and (j) to read as become due while the petition is follows: pending, or file a statement of use under manner in which the name of the § 2.88. applicant is set out in the application. § 2.76 Amendment to allege use. (d) In an application under section The amendment must be supported by * * * * * 1(b) of the Act, the Commissioner will an affidavit or declaration under § 2.20, (b) A complete amendment to allege not grant the petition if this would signed by the applicant. However, the use must include: permit the filing of a statement of use application cannot be amended to set (1) A statement that is signed and more than 36 months after the mailing forth a different entity as the applicant. verified (sworn to) or supported by a date of the notice of allowance under An application filed in the name of an declaration under § 2.20 by a person section 13(b)(2) of the Act. entity that did not own the mark as of properly authorized to sign on behalf of the filing date of the application is void. the applicant (see § 2.33(a)(2)) that: (e) The Commissioner will grant the 31. Revise § 2.72 to read as follows: petition to revive if the applicant (i) The applicant believes it is the complies with the requirements listed § 2.72 Amendments to description or owner of the mark; and above and establishes that the delay in drawing of the mark. (ii) The mark is in use in commerce, responding was unintentional. (a) In an application based on use in specifying the date of the applicant’s first use of the mark and first use of the (f) If the Commissioner denies a commerce under section 1(a) of the Act, the applicant may amend the mark in commerce, and those goods or petition, the applicant may request services specified in the application on reconsideration, if the applicant: description or drawing of the mark only if: or in connection with which the (1) Files the request within two (1) The specimens originally filed, or applicant uses the mark in commerce. months of the mailing date of the substitute specimens filed under (2) One specimen of the mark as decision denying the petition; and § 2.59(a), support the proposed actually used in commerce. See § 2.56 (2) Pays a second petition fee under amendment; and for the requirements for specimens; and § 2.6. (2) The proposed amendment does (3) The fee per class required by § 2.6. 30. Revise § 2.71 to read as follows: not materially alter the mark. The Office * * * * *

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(e) * * * declaration under § 2.20 by a person properly authorized to sign on behalf of (2) One specimen or facsimile of the properly authorized to sign on behalf of the applicant (see § 2.33(a)(2)) that the mark as used in commerce; and the applicant (see § 2.33(a)(2)) that: applicant still has a bona fide intention (3) A statement that is signed and (i) The applicant believes it is the to use the mark in commerce, specifying verified (sworn to) or supported by a owner of the mark; and the relevant goods or services. If the declaration under § 2.20 by a person (ii) The mark is in use in commerce, verification is unsigned or signed by the properly authorized to sign on behalf of specifying the date of the applicant’s wrong party, the applicant must submit the applicant that the mark is in use in first use of the mark and first use of the a substitute verification within six commerce. mark in commerce, and those goods or months of the mailing date of the notice * * * * * services specified in the notice of of allowance. (i) If the applicant does not file the allowance on or in connection with (b) Before the expiration of the amendment to allege use within a which the applicant uses the mark in previously granted extension of time, reasonable time after it is signed, the commerce; the applicant may request further six Office may require a substitute (2) One specimen of the mark as month extensions of time to file the verification or declaration under § 2.20 actually used in commerce. See § 2.56 statement of use by submitting the stating that the mark is still in use in for the requirements for specimens; and following: commerce. (3) The fee per class required by § 2.6. (1) A written request for an extension (j) For the requirements for a multiple * * * * * of time to file the statement of use; class application, see § 2.86. (e) The Office will review a timely (2) The fee per class required by § 2.6; 33. Revise § 2.86 to read as follows: filed statement of use to determine (3) A statement that is signed and § 2.86 Application may include multiple whether it meets the following verified (sworn to) or supported by a classes. minimum requirements: declaration under § 2.20 by a person (a) In a single application, an (1) The fee for at least a single class, properly authorized to sign on behalf of applicant may apply to register the same required by § 2.6; the applicant (see § 2.33(a)(2)) that the mark for goods and/or services in (2) One specimen of the mark as used applicant still has a bona fide intention multiple classes. The applicant must: in commerce; to use the mark in commerce, specifying (1) Specifically identify the goods or (3) A statement that is signed and the relevant goods or services. If the services in each class; verified (sworn to) or supported by a verification is unsigned or signed by the (2) Submit an application filing fee for declaration under § 2.20 by a person wrong party, the applicant must submit each class; and properly authorized to sign on behalf of a substitute verification before the (3) Include either dates of use (see the applicant that the mark is in use in expiration of the previously granted §§ 2.34(a)(1)(ii) and (iii)) and one commerce. If the verification or extension; and specimen for each class, or a statement declaration is unsigned or signed by the (4) A showing of good cause, as of a bona fide intention to use the mark wrong party, the applicant must submit specified in paragraph (d) of this in commerce on or in connection with a substitute verification on or before the section. all the goods or services specified in statutory deadline for filing the * * * * * each class. The applicant may not claim statement of use. (d) The showing of good cause must both use in commerce and a bona fide * * * * * include a statement of the applicant’s intention to use the mark in commerce (k) If the statement of use is not filed ongoing efforts to make use of the mark for the identical goods or services in one within a reasonable time after the date in commerce on or in connection with application. it is signed, the Office may require a each of the relevant goods or services. (b) An amendment to allege use under substitute verification or declaration Those efforts may include product or § 2.76 or a statement of use under § 2.88 under § 2.20 stating that the mark is still service research or development, market must include, for each class, the in use in commerce. research, manufacturing activities, required fee, dates of use, and one (l) For the requirements for a multiple promotional activities, steps to acquire specimen. The applicant may not file class application, see § 2.86. distributors, steps to obtain the amendment to allege use or 35. Amend § 2.89 by revising governmental approval, or other similar statement of use until the applicant has paragraphs (a), (b), and (d), amending activities. In the alternative, the used the mark on all the goods or the fifth sentence of paragraph (g), and applicant must submit a satisfactory services, unless the applicant files a by adding paragraph (h) to read as explanation for the failure to make request to divide. See § 2.87 for follows: efforts to use the mark in commerce. information regarding requests to § 2.89 Extensions of time for filing a * * * * * divide. statement of use. (g) * * *A petition from the denial of (c) The Office will issue a single a request for an extension of time to file certificate of registration for the mark, (a) The applicant may request a six- month extension of time to file the a statement of use shall be filed within unless the applicant files a request to two months of the mailing date of the divide. See § 2.87 for information statement of use required by § 2.88. The extension request must be filed within denial of the request. If the petition is regarding requests to divide. granted, the term of the requested six 34. Amend § 2.88 by revising six months of the mailing date of the month extension that was the subject of paragraphs (b) and (e) and by adding notice of allowance under section the petition will run from the date of the paragraphs (k) and (l) to read as follows: 13(b)(2) of the Act and must include the following: expiration of the previously existing six § 2.88 Filing statement of use after notice (1) A written request for an extension month period for filing a statement of of allowance. of time to file the statement of use; use. * * * * * (2) The fee per class required by § 2.6; (h) If the extension request is not filed (b) A complete statement of use must and within a reasonable time after it is include: (3) A statement that is signed and signed, the Office may require a (1) A statement that is signed and verified (sworn to) or supported by a substitute verification or declaration verified (sworn to) or supported by a declaration under § 2.20 by a person under § 2.20 stating that the applicant

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To be anniversary and no later than the sixth * * * * * considered diligent, the applicant must anniversary after the date of publication (d)(1) The opposition must be check the status of the application or under section 12(c) of the Act; and accompanied by the required fee for registration within one year of the last (2) For all registrations, within the each party joined as opposer for each filing or receipt of a notice from the year before the end of every ten-year class in the application for which Office for which further action by the period after the date of registration. registration is opposed (see § 2.6). If no Office is expected. (3) The affidavit or declaration may be fee, or a fee insufficient to pay for one (j) If the Commissioner denies a filed within a grace period of six months person to oppose the registration of a petition, the petitioner may request after the end of the deadline set forth in mark in at least one class, is submitted reconsideration, if the petitioner: paragraphs (a)(1) and (a)(2) of this within thirty days after publication of (1) Files the request within two section, with payment of the grace the mark to be opposed or within an months of the mailing date of the period surcharge required by section extension of time for filing an decision denying the petition; and 8(c)(1) of the Act and § 2.6. opposition, the opposition will not be (2) Pays a second petition fee under (b) For the requirements for the refused if the required fee(s) is § 2.6. affidavit or declaration, see § 2.161. submitted to the Patent and Trademark 39. Revise § 2.151 to read as follows: 43. Revise § 2.161 to read as follows: Office within the time limit set in the notification of this defect by the Office. § 2.151 Certificate. § 2.161 Requirements for a complete * * * * * When the Office determines that a affidavit or declaration of continued use or 37. Amend § 2.111 by revising mark is registrable, a certificate will be excusable nonuse. paragraph (c)(1) to read as follows: issued stating that the applicant is A complete affidavit or declaration entitled to registration on the Principal under section 8 of the Act must: § 2.111 Filing petition for cancellation. Register or on the Supplemental (a) Be filed by the owner within the * * * * * Register. The certificate will state the period set forth in § 2.160(a); (c)(1) The petition must be date on which the application for (b) Include a statement that is signed accompanied by the required fee for registration was filed in the Office, the and verified (sworn to) or supported by each class in the registration for which act under which the mark is registered, a declaration under § 2.20 by a person cancellation is sought (see § 2.6). If the the date of issue, and the number of the properly authorized to sign on behalf of fee submitted is insufficient for a registration. A reproduction of the mark the owner, attesting to the continued cancellation against all of the classes in and pertinent data from the application use or excusable nonuse of the mark the registration, and the particular class will be sent with the certificate. A within the period set forth in section 8 or classes against which the cancellation notice of the requirements of section 8 of the Act. The verified statement must is filed are not specified, the Office will of the Act will accompany the be executed on or after the beginning of issue a written notice allowing certificate. the filing period specified in § 2.160(a). petitioner a set time in which to submit 40. Revise § 2.155 to read as follows: A person who is properly authorized to the required fees(s) (provided that the sign on behalf of the owner is: five-year period, if applicable, has not § 2.155 Notice of publication. (1) A person with legal authority to expired) or to specify the class or classes The Office will send the registrant a bind the owner; or sought to be cancelled. If the required notice of publication of the mark and of (2) A person with firsthand fee(s) is not submitted, or the the requirement for filing the affidavit or knowledge of the facts and actual or specification made, within the time set declaration required by section 8 of the implied authority to act on behalf of the in the notice, the cancellation will be Act. owner; or presumed to be against the class or 41. Revise § 2.156 to read as follows: (3) An attorney as defined in § 10.1(c) classes in ascending order, beginning of this chapter who has an actual or § 2.156 Not subject to opposition; subject with the lowest numbered class, and to cancellation. implied written or verbal power of including the number of classes in the attorney from the owner. The published mark is not subject to registration for which the fees submitted (c) Include the registration number; opposition, but is subject to petitions to are sufficient to pay the fee due for each (d)(1) Include the fee required by § 2.6 cancel as specified in § 2.111 and to class. for each class of goods or services that cancellation for failure to file the the affidavit or declaration covers; * * * * * affidavit or declaration required by 38. Amend § 2.146 by revising (2) If the affidavit or declaration is section 8 of the Act. filed during the grace period under paragraph (d) and by adding paragraphs 42. Add § 2.160 to read as follows: (i) and (j) to read as follows: section 8(c)(1) of the Act, include the § 2.160 Affidavit or declaration of late fee per class required by § 2.6; § 2.146 Petitions to the Commissioner. continued use or excusable nonuse (3) If at least one fee is submitted for * * * * * required to avoid cancellation of a multi-class registration, but the (d) A petition must be filed within registration. class(es) to which the fee(s) should be two months of the mailing date of the (a) During the following time periods, applied are not specified, the Office will action from which relief is requested, the owner of the registration must file issue a notice requiring either the unless a different deadline is specified an affidavit or declaration of continued submission of additional fee(s) or an elsewhere in this chapter. use or excusable nonuse, or the indication of the class(es) to which the * * * * * registration will be cancelled: original fee(s) should be applied. (i) Where a petitioner seeks to (1)(i) For registrations issued under Additional fee(s) may be submitted if reactivate an application or registration the Trademark Act of 1946, on or after the requirements of § 2.164 are met. If

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Revise § 2.163 to read as follows: declaration is required before filing a (e)(1) Specify the goods or services for petition to the Commissioner, unless the which the mark is in use in commerce, § 2.163 Acknowledgment of receipt of examiner directs otherwise. See affidavit or declaration. and/or the goods or services for which § 2.163(b) for the deadline for excusable nonuse is claimed under The Office will issue a notice as to responding to an examiner’s Office § 2.161(f)(2); whether an affidavit or declaration is action. (2) If the affidavit or declaration acceptable, or the reasons for refusal. (b) If the examiner maintains the covers less than all the goods or (a) If the owner of the registration refusal of the affidavit or declaration, a services, or less than all the classes in filed the affidavit or declaration within petition to the Commissioner to review the registration, specify the goods or the time periods set forth in section 8 of the action may be filed. The petition services being deleted from the the Act, deficiencies may be corrected if must be filed within six months of the registration; the requirements of § 2.164 are met. mailing date of the action maintaining (f)(1) State that the registered mark is (b) A response to the refusal must be the refusal, or the Office will cancel the in use in commerce on or in connection filed within six months of the mailing registration and issue a notice of the with the goods or services in the date of the Office action, or before the cancellation. registration; or end of the filing period set forth in (c) A decision by the Commissioner is (2) If the registered mark is not in use section 8(a) or section 8(b) of the Act, necessary before filing an appeal or in commerce on or in connection with whichever is later. If no response is filed commencing a civil action in any court. all the goods or services in the within this time period, the registration 48. Revise § 2.166 to read as follows: registration, set forth the date when use will be cancelled. of the mark in commerce stopped and 46. Revise § 2.164 to read as follows: § 2.166 Affidavit of continued use or the approximate date when use is excusable nonuse combined with renewal § 2.164 Correcting deficiencies in affidavit application. expected to resume; and recite facts to or declaration. show that nonuse as to those goods or An affidavit or declaration under (a) If the owner of the registration files services is due to special circumstances section 8 of the Act and a renewal an affidavit or declaration within the that excuse the nonuse and is not due application under section 9 of the Act time periods set forth in section 8 of the to an intention to abandon the mark; may be combined into a single (g) Include a specimen showing Act, deficiencies may be corrected, as document, provided that the document current use of the mark for each class of follows: meets the requirements of both sections (1) Correcting deficiencies in goods or services, unless excusable 8 and 9 of the Act. affidavits or declarations timely filed nonuse is claimed under § 2.161(f)(2). 49. Amend § 2.167 by revising within the periods set forth in sections The specimen must: paragraph (c) to read as follows: (1) Show the mark as actually used on 8(a) and 8(b) of the Act. If the owner timely files the affidavit or declaration § 2.167 Affidavit or declaration under or in connection with the goods or in section 15. the sale or advertising of the services. A within the relevant filing period set photocopy or other reproduction of the forth in section 8(a) or section 8(b) of * * * * * specimen showing the mark as actually the Act, deficiencies may be corrected (c) Recite the goods or services stated used is acceptable. However, a before the end of this filing period in the registration on or in connection photocopy that merely reproduces the without paying a deficiency surcharge. with which the mark has been in registration certificate is not a proper Deficiencies may be corrected after the continuous use in commerce for a specimen; end of this filing period with payment period of five years after the date of of the deficiency surcharge required by (2) Be flat and no larger than 81⁄2 registration or date of publication under inches (21.6 cm.) wide by 11.69 inches section 8(c)(2) of the Act and § 2.6. section 12(c) of the Act, and is still in (29.7 cm.) long. If a specimen exceeds (2) Correcting deficiencies in use in commerce; these size requirements (a ‘‘bulky affidavits or declarations filed during * * * * * specimen’’), the Office will create a the grace period. If the affidavit or 50. Revise § 2.168 to read as follows: facsimile of the specimen that meets the declaration is filed during the six-month requirements of the rule (i.e., is flat and grace period provided by section 8(c)(1) § 2.168 Affidavit or declaration under of the Act, deficiencies may be corrected section 15 combined with affidavit or no larger than 81⁄2 inches (21.6 cm.) before the expiration of the grace period declaration under section 8, or with renewal wide by 11.69 inches (29.7 cm.) long) application. and put it in the file wrapper; without paying a deficiency surcharge. (h) If the registrant is not domiciled in Deficiencies may be corrected after the (a) The affidavit or declaration filed the United States, the registrant must expiration of the grace period with under section 15 of the Act may also be list the name and address of a United payment of the deficiency surcharge used as the affidavit or declaration States resident upon whom notices or required by section 8(c)(2) of the Act required by section 8, if the affidavit or process in proceedings affecting the and § 2.6. declaration meets the requirements of registration may be served. (b) If the affidavit or declaration is not both sections 8 and 15. 44. Revise § 2.162 to read as follows: filed within the time periods set forth in (b) The affidavit or declaration filed section 8 of the Act, or if it is filed under section 15 of the Act may be § 2.162 Notice to registrant. within that period by someone other combined with an application for When a certificate of registration is than the owner, the registration will be renewal of a registration under section originally issued, the Office includes a cancelled. These deficiencies cannot be 9 of the Act, if the requirements of both notice of the requirement for filing the cured. sections 9 and 15 are met.

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51. Amend § 2.173 by revising the no renewal application is filed within (1) Correcting deficiencies in renewal heading and paragraph (a) to read as this period, the registration will expire. applications filed within one year before follows: 54. Revise § 2.183 to read as follows: the expiration date of the registration. If the renewal application is filed within § 2.173 Amendment of registration. § 2.183 Requirements for a complete one year before the expiration date of renewal application. (a) The registrant may apply to amend the registration, deficiencies may be the registration or to disclaim part of the A complete renewal application must corrected before the expiration date of mark in the registration. A written include: the registration without paying a request specifying the amendment or (a) A request for renewal of the deficiency surcharge. Deficiencies may disclaimer must be submitted. The registration, signed by the registrant or be corrected after the expiration date of request must be signed by the registrant the registrant’s representative; the registration with payment of the and verified or supported by a (b) The fee required by § 2.6 for each deficiency surcharge required by section declaration under § 2.20, and class; 9(a) of the Act and § 2.6. accompanied by the required fee. If the (c) The additional fee required by (2) Correcting deficiencies in renewal amendment involves a change in the § 2.6 for each class if the renewal applications filed during the grace mark, a new specimen showing the application is filed during the six-month period. If the renewal application is mark as used on or in connection with grace period set forth in section 9(a) of filed during the six-month grace period, the goods or services, and a new the Act; deficiencies may be corrected before the drawing of the amended mark, must be (d) If the registrant is not domiciled in expiration of the grace period without submitted. The certificate of registration the United States, the name and address paying a deficiency surcharge. or, if the certificate is lost or destroyed, of a United States resident on whom Deficiencies may be corrected after the a certified copy of the certificate, must notices or process in proceedings expiration of the grace period with also be submitted. The registration as affecting the registration may be served; payment of the deficiency surcharge amended must still contain registrable and required by section 9(a) of the Act and matter, and the mark as amended must (e) If the renewal application covers § 2.6. be registrable as a whole. An less than all the goods or services in the (b) If the renewal application is not amendment or disclaimer must not registration, a list of the particular goods filed within the time periods set forth in materially alter the character of the or services to be renewed. section 9(a) of the Act, the registration mark. (f) If at least one fee is submitted for will expire. This deficiency cannot be * * * * * a multi-class registration, but the cured. class(es) to which the fee(s) should be 52. Amend § 2.181 by revising 57. Add § 2.186 to read as follows: applied are not specified, the Office will paragraph (a) to read as follows: issue a notice requiring either the § 2.186 Petition to Commissioner to review § 2.181 Term of original registrations and submission of additional fee(s) or an refusal of renewal. renewals. indication of the class(es) to which the (a) A response to the examiner’s (a)(1) Subject to the provisions of original fee(s) should be applied. initial refusal of the renewal application section 8 of the Act requiring an Additional fee(s) may be submitted if is required before filing a petition to the affidavit or declaration of continued use the requirements of § 2.185 are met. If Commissioner, unless the examiner or excusable nonuse, registrations the required fee(s) are not submitted and directs otherwise. See § 2.184(b) for the issued or renewed prior to November the class(es) to which the original fee(s) deadline for responding to an 16, 1989, whether on the Principal should be applied are not specified, the examiner’s Office action. Register or on the Supplemental Office will presume that the fee(s) cover (b) If the examiner maintains the Register, remain in force for twenty the classes in ascending order, refusal of the renewal application, a years from their date of issue or the date beginning with the lowest numbered petition to the Commissioner to review of renewal, and may be further renewed class. the refusal may be filed. The petition for periods of ten years, unless 55. Revise § 2.184 to read as follows: must be filed within six months of the previously cancelled or surrendered. mailing date of the Office action § 2.184 Refusal of renewal. maintaining the refusal, or the renewal (2) Subject to the provisions of section (a) If the renewal application is not application will be abandoned and the 8 of the Act requiring an affidavit or acceptable, the Office will issue a notice registration will expire. declaration of continued use or stating the reason(s) for refusal. (c) A decision by the Commissioner is excusable nonuse, registrations issued (b) A response to the refusal of necessary before filing an appeal or or renewed on or after November 16, renewal must be filed within six months commencing a civil action in any court. 1989, whether on the Principal Register of the mailing date of the Office action, or on the Supplemental Register, remain or before the expiration date of the PART 3ÐASSIGNMENT, RECORDING in force for ten years from their date of registration, whichever is later, or the AND RIGHTS OF ASSIGNEE issue or the date of renewal, and may be registration will expire. further renewed for periods of ten years, 58. The authority citation for part 3 (c) If the renewal application is not unless previously cancelled or continues to read as follows: filed within the time periods set forth in surrendered. section 9(a) of the Act, the registration Authority: 15 U.S.C. 1123; 35 U.S.C. 6, * * * * * will expire. unless otherwise noted. 53. Revise § 2.182 to read as follows: 56. Add § 2.185 to read as follows: 59. Revise § 3.16 to read as follows: § 2.182 Time for filing renewal application. § 2.185 Correcting deficiencies in renewal § 3.16 Assignability of trademarks prior to An application for renewal must be application. filing of an allegation of use. filed within one year before the (a) If the renewal application is filed Before an allegation of use under expiration date of the registration, or within the time periods set forth in either 15 U.S.C. 1051(c) or 15 U.S.C. within the six-month grace period after section 9(a) of the Act, deficiencies may 1051(d) is filed, an applicant may only the expiration date of the registration. If be corrected, as follows: assign an application to register a mark

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(i) For trademark assignments and 65. Revise § 6.1 to read as follows: * * * * * trademark name changes: Each § 6.1 International schedule of classes of 61. Add § 3.25 to read as follows: trademark registration number and each goods and services. trademark application number, if § 3.25 Recording requirements for known, against which the Office is to Goods trademark applications and registrations. record the document. If the trademark 1. Chemicals used in industry, science and (a) Documents affecting title. To application number is not known, a photography, as well as in agriculture, record documents affecting title to a copy of the application or a horticulture and forestry; unprocessed trademark application or registration, a reproduction of the trademark must be artificial resins; unprocessed plastics; legible cover sheet (see § 3.31) and one manures; fire extinguishing compositions; submitted, along with an estimate of the tempering and soldering preparations; of the following must be submitted: date that the Office received the (1) The original document; chemical substances for preserving application; or foodstuffs; tanning substances; adhesives (2) A copy of the document; (ii) For any other document affecting used in industry. (3) A copy of an extract from the title to a trademark or patent 2. Paints, varnishes, lacquers; preservatives document evidencing the effect on title; application, registration or patent: Each against rust and against deterioration of or trademark or patent application number wood; colorants; mordants; raw natural (4) A statement signed by both the or each trademark registration number resins; metals in foil and powder form for party conveying the interest and the painters, decorators, printers and artists. or patent against which the document is party receiving the interest explaining 3. Bleaching preparations and other to be recorded, or an indication that the how the conveyance affects title. substances for laundry use; cleaning, (b) Name changes. Only a legible document is filed together with a patent polishing, scouring and abrasive cover sheet is required (See § 3.31). application; preparations; soaps; perfumery, essential oils, (c) All documents. All documents (5) The name and address of the party cosmetics, hair lotions; dentifrices. 4. Industrial oils and greases; lubricants; submitted to the Office should be on to whom correspondence concerning the request to record the document dust absorbing, wetting and binding white and non-shiny paper that is no compositions; fuels (including motor spirit) 1 × × should be mailed; larger than 8 ⁄2 14 inches (21.6 33.1 and illuminants; candles, wicks. cm.) with a one-inch (2.5 cm) margin on (6) The date the document was 5. Pharmaceutical, veterinary, and sanitary all sides. Only one side of each page executed; preparations; dietetic substances adapted for should be used. (7) An indication that the assignee of medical use, food for babies; plasters, 62. Revise § 3.28 to read as follows: a trademark application or registration materials for dressings; material for stopping who is not domiciled in the United teeth, dental wax; disinfectants; preparations § 3.28 Requests for recording. States has designated a domestic for destroying vermin; fungicides, herbicides. Each document submitted to the representative (see § 3.61); and 6. Common metals and their alloys; metal building materials; transportable buildings of Office for recording must include at (8) The signature of the party least one cover sheet as specified in metal; materials of metal for railway tracks; submitting the document. nonelectric cables and wires of common § 3.31 referring either to those patent (b) A cover sheet should not refer to metal; ironmongery, small items of metal applications and patents, or to those both patents and trademarks, since any hardware; pipes and tubes of metal; safes; trademark applications and information, including information goods of common metal not included in other registrations, against which the about pending patent applications, classes; ores. document is to be recorded. If a submitted with a request for recordation 7. Machines and machine tools; motors and document to be recorded includes of a document against a trademark engines (except for land vehicles); machine interests in, or transactions involving, coupling and transmission components application or trademark registration (except for land vehicles); agricultural both patents and trademarks, separate will become public record upon patent and trademark cover sheets implements other than hand-operated; recordation. incubators for eggs. should be submitted. Only one set of * * * * * 8. Hand tools and implements (hand- documents and cover sheets to be operated); cutlery; side arms; razors. recorded should be filed. If a document (d) Each trademark cover sheet required by § 3.28 seeking to record a 9. Scientific, nautical, surveying, electric, to be recorded is not accompanied by a photographic, cinematographic, optical, completed cover sheet, the document document against a trademark weighing, measuring, signalling, checking and the incomplete cover sheet will be application or registration should (supervision), life-saving and teaching returned pursuant to § 3.51 for proper include, in addition to the serial number apparatus and instruments; apparatus for completion. The document and a or registration number of the trademark, recording, transmission or reproduction of completed cover sheet should be identification of the trademark or a sound or images; magnetic data carriers, description of the trademark, against recording discs; automatic vending machines resubmitted. and mechanisms for coin operated apparatus; 63. Amend § 3.31 by revising which the Office is to record the document. cash registers, calculating machines, data paragraphs (a) and (b) and by adding processing equipment and computers; fire paragraphs (d) and (e) to read as follows: (e) Each patent or trademark cover extinguishing apparatus. sheet required by § 3.28 should contain 10. Surgical, medical, dental, and § 3.31 Cover sheet content. the number of applications, patents or veterinary apparatus and instruments, (a) Each patent or trademark cover registrations identified in the cover artificial limbs, eyes, and teeth; orthopedic sheet required by § 3.28 must contain: sheet and the total fee. articles; suture materials.

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11. Apparatus for lighting, heating, steam wood, cork, reed, cane, wicker, horn, bone, 31. Agricultural, horticultural and forestry generating, cooking, refrigerating, drying, ivory, whalebone, shell, amber, mother-of- products and grains not included in other ventilating, water supply, and sanitary pearl, meerschaum and substitutes for all classes; live animals; fresh fruits and purposes. these materials, or of plastics. vegetables; seeds, natural plants and flowers; 12. Vehicles; apparatus for locomotion by 21. Household or kitchen utensils and foodstuffs for animals; malt. land, air, or water. containers (not of precious metal or coated 32. Beers; mineral and aerated waters and 13. Firearms; ammunition and projectiles; therewith); combs and sponges; brushes other nonalcoholic drinks; fruit drinks and explosives; fireworks. (except paint brushes); brush making fruit juices; syrups and other preparations for 14. Precious metals and their alloys and materials; articles for cleaning purposes; steel making beverages. goods in precious metals or coated therewith, wool; unworked or semi worked glass (except 33. Alcoholic beverages (except beers). not included in other classes; jewelry, glass used in building); glassware, porcelain 34. Tobacco; smokers’ articles; matches. precious stones; horological and and earthenware not included in other chronometric instruments. classes. Services 15. Musical instruments. 22. Ropes, string, nets, tents, awnings, 16. Paper, cardboard and goods made from 35. Advertising; business management; tarpaulins, sails, sacks and bags (not these materials, not included in other classes; business administration; office functions. included in other classes); padding and printed matter; bookbinding material; 36. Insurance; financial affairs; monetary stuffing materials (except of rubber or photographs; stationery; adhesives for affairs; real estate affairs. plastics); raw fibrous textile materials. stationery or household purposes; artists’ 37. Building construction; repair; materials; paint brushes; typewriters and 23. Yarns and threads, for textile use. installation services. office requisites (except furniture); 24. Textiles and textile goods, not included 38. Telecommunications. instructional and teaching material (except in other classes; beds and table covers. 39. Transport; packaging and storage of apparatus); plastic materials for packaging 25. Clothing, footwear, headgear. goods; travel arrangement. (not included in other classes); playing cards; 26. Lace and embroidery, ribbons and 40. Treatment of materials. braid; buttons, hooks and eyes, pins and printers’ type; printing blocks. 41. Education; providing of training; needles; artificial flowers. 17. Rubber, gutta-percha, gum, asbestos, entertainment; sporting and cultural 27. Carpets, rugs, mats and matting, mica and goods made from these materials activities. linoleum and other materials for covering and not included in other classes; plastics in 42. Providing of food and drink; temporary extruded form for use in manufacture; existing floors; wall hangings (non textile). 28. Games and playthings; gymnastic and accommodation; medical, hygienic and packing, stopping and insulating materials; beauty care; veterinary and agricultural flexible pipes, not of metal. sporting articles not included in other services; legal services; scientific and 18. Leather and imitations of leather, and classes; decorations for Christmas trees. goods made of these materials and not 29. Meat, fish, poultry and game; meat industrial research; computer programming; included in other classes; animal skins, extracts; preserved, dried and cooked fruits services that cannot be classified in other hides; trunks and travelling bags; umbrellas, and vegetables; jellies, jams, fruit sauces; classes. parasols and walking sticks; whips, harness eggs, milk and milk products; edible oils and Dated: August 30, 1999. and saddlery. fats. Q. Todd Dickinson, 19. Building materials (non-metallic); 30. Coffee, tea, cocoa, sugar, rice, tapioca, Acting Assistant Secretary of Commerce and nonmetallic rigid pipes for building; asphalt, sago, artificial coffee; flour and preparations Acting Commissioner of Patents and pitch and bitumen; nonmetallic transportable made from cereals, bread, pastry and Trademarks. buildings; monuments, not of metal. confectionery, ices; honey, treacle; yeast, 20. Furniture, mirrors, picture frames; baking powder; salt, mustard; vinegar, sauces [FR Doc. 99–22957 Filed 9–7–99; 8:45 am] goods (not included in other classes) of (condiments); spices; ice. BILLING CODE 3510±16±P

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Federal Register Presidential Documents Vol. 64, No. 173

Wednesday, September 8, 1999

Title 3— Executive Order 13136 of September 3, 1999

The President Amendment to Executive Order 13090, President’s Commis- sion on the Celebration of Women in American History

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), in order to extend the life of the President’s Commission on the Celebration of Women in American History (‘‘Commission’’) to provide additional time to develop support systems and test the viability of the recommendations included in the Commission’s report to the President, it is hereby ordered that section 2(c) of Executive Order 13090 is amended by deleting ‘‘March 1, 1999.’’ and inserting ‘‘December 31, 2000.’’ in lieu thereof. œ–

THE WHITE HOUSE, September 3, 1999. [FR Doc. 99–23508 Filed 9–7–99; 10:37 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 64, No. 173 Wednesday, September 8, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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 10 CFR 3 CFR 51...... 48496, 48507 Presidential Documents Proclamations: 72...... 48259 Executive orders and proclamations 523±5227 7219...... 48701 Proposed Rules: The United States Government Manual 523±5227 Executive orders: 31...... 48333 1390 (Amended by EO 51...... 48117 Other Services 13136) ...... 48929 13136...... 48929 12 CFR Electronic and on-line services (voice) 523±4534 523±3187 201...... 48274 Privacy Act Compilation 7 CFR Public Laws Update Service (numbers, dates, etc.) 523±6641 Proposed Rules: 327...... 48719 TTY for the deaf-and-hard-of-hearing 523±5229 246...... 48075 272...... 48246 13 CFR 273...... 48246 ELECTRONIC RESEARCH 301...... 48245 121...... 48275 924...... 48077 123...... 48275 World Wide Web 948...... 48079 14 CFR Full text of the daily Federal Register, CFR and other 955...... 48243 publications: 1000...... 47898 25...... 47649 39 ...... 47651, 47653, 47656, http://www.access.gpo.gov/nara 1001...... 47898 1002...... 47898 47658, 47660, 47661, 48277, Federal Register information and research tools, including Public 1004...... 47898 48280, 48282, 48284, 48286 Inspection List, indexes, and links to GPO Access: 1005...... 47898 71 ...... 47663, 47664, 47665, http://www.nara.gov/fedreg 1006...... 47898 48085, 48086, 48088, 48089, 1007...... 47898 48527, 48703, 48897 E-mail 1012...... 47898 73...... 47665, 48090 PENS (Public Law Electronic Notification Service) is an E-mail 1013...... 47898 Proposed Rules: service for notification of recently enacted Public Laws. To 1030...... 47898 39 ...... 47715, 48120, 48333, subscribe, send E-mail to 1032...... 47898 48721, 48723 71 ...... 47718, 48123, 48459 [email protected] 1033...... 47898 1036...... 47898 15 CFR with the text message: 1040...... 47898 742...... 47666 subscribe PUBLAWS-L your name 1044...... 47898 1046...... 47898 774...... 47666 Use [email protected] only to subscribe or unsubscribe to 1049...... 47898 Proposed Rules: PENS. We cannot respond to specific inquiries. 1050...... 47898 806...... 48568 Reference questions. Send questions and comments about the 1064...... 47898 16 CFR Federal Register system to: 1065...... 47898 1051...... 48703 [email protected] 1068...... 47898 1076...... 47898 1615...... 48704 The Federal Register staff cannot interpret specific documents or 1079...... 47898 1616...... 48704 regulations. 1106...... 47898, 48081 Proposed Rules: 1124...... 47898 460...... 48024 FEDERAL REGISTER PAGES AND DATES, SEPTEMBER 1126...... 47898 19 CFR 1131...... 47898 47649±48074...... 1 1134...... 47898 12...... 48091 48075±48242...... 2 1135...... 47898 113...... 48528 48243±48526...... 3 1137...... 47898 151...... 48528 48527±48700...... 7 1138...... 47898 178...... 48528 351...... 48706 48701±48932...... 8 1139...... 47898 1924...... 48083 21 CFR Proposed Rules: 5...... 47669 210...... 48459 74...... 48288 220...... 48459 175...... 48290 225...... 48459 178 ...... 47669, 48291, 48292 226...... 48459 510...... 48293 246...... 48115 520...... 48295, 48543 928...... 48115 522...... 48293, 48544 524...... 48707 9 CFR 556...... 48295, 48544 93...... 48258 558...... 48295 Proposed Rules: Proposed Rules: 3...... 48568 2...... 47719

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111...... 48336 37 CFR 44 CFR 1806...... 48560 1813...... 48560 23 CFR 1...... 48900 206...... 47697 2...... 48900 1815...... 48560 Proposed Rules: 3...... 48900 46 CFR 1835...... 48560 Ch. I...... 47741, 47744, 47746, 6...... 48900 Proposed Rules: 1852...... 48560 47749 10...... 48136 1872...... 48560 39 CFR 24 CFR 15...... 48136 111...... 48092 90...... 48136 Proposed Rules: 49 CFR Proposed Rules: 98...... 48136 990...... 48572 383...... 48104 776...... 48124 125...... 48136 384...... 48104 26 CFR 126...... 48136 40 CFR 127...... 48136 390...... 48510 1...... 48545 393...... 47703 301...... 48547 52 ...... 47670, 47674, 48095, 128...... 48136 48297, 48305 129...... 48136 571...... 48562 Proposed Rules: 130...... 48136 575...... 48564 1...... 48572 62...... 47680, 48714 180 ...... 47680, 47687, 47689, 131...... 48136 1000...... 47709 28 CFR 48548 132...... 48136 1001...... 47709 133...... 48136 1004...... 47709 Proposed Rules: 271...... 47692, 48099 134...... 48136 Proposed Rules: 302...... 48336 439...... 48103 Proposed Rules: 170...... 48136 390...... 48519 29 CFR 49...... 48725, 48731 174...... 48136 175...... 48136 697...... 48525 52 ...... 47754, 48126, 48127, 50 CFR 48337, 48725, 48731, 48739 2700...... 48707 47 CFR 62...... 48742 17...... 48307 30 CFR 148...... 48742 63...... 47699 21...... 48565 622 ...... 47711, 48324, 48326 Proposed Rules: 261...... 48742 73...... 47702, 48307 901...... 48573 268...... 48742 74...... 47702 635 ...... 47713, 48111, 48112 271 ...... 47755, 48135, 48742 Proposed Rules: 660...... 48113 33 CFR 302...... 48742 3...... 48337 679 ...... 47714, 48329, 48330, Proposed Rules: 403...... 47755 48331, 48332 117...... 47751 439...... 48103 48 CFR Proposed Rules: 165...... 47752 235...... 48459 17...... 47755, 48743 43 CFR 552...... 48718 600...... 48337 34 CFR Proposed Rules: 553...... 48718 648...... 48337, 48757 379...... 48052 3830...... 48897 570...... 48718 697...... 47756

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REMINDERS U.S.; comments due by 9- comments due by 9-14-99; Nevada; comments due by The items in this list were 17-99; published 7-19-99 published 7-16-99 9-15-99; published 8-6-99 editorially compiled as an aid Pork and pork products; EDUCATION DEPARTMENT New Hampshire; comments to Federal Register users. comments due by 9-13- Postsecondary education: due by 9-15-99; published 8-16-99 Inclusion or exclusion from 99; published 7-14-99 Federal Family Education this list has no legal User fees: and William D. Ford Wisconsin; comments due significance. Veterinary services; Federal Direct Loan by 9-15-99; published 8- biosecurity level three Programs; comments due 16-99 laboratory inspection; by 9-15-99; published 8- Hazardous waste program RULES GOING INTO comments due by 9-13- 10-99 authorizations: EFFECT SEPTEMBER 8, 99; published 7-14-99 Federal Family Education Texas; comments due by 9- 1999 AGRICULTURE Loan Program; comments 17-99; published 8-18-99 DEPARTMENT due by 9-15-99; published Pesticides; tolerances in food, COMMERCE DEPARTMENT Agricultural Research 8-3-99 animal feeds, and raw International Trade Service Federal Perkins Loan agricultural commodities: Administration National Agricultural Library; Program; comments due Bentazon; comments due by Antidumping and loan and copying fees; by 9-15-99; published 7- 9-13-99; published 7-14- countervailing duties: comments due by 9-15-99; 29-99 99 Preliminary critical published 8-16-99 Student assistance general Imazamox; comments due circumstances findings; AGRICULTURE provisions; comments due by 9-13-99; published 7- published 9-8-99 DEPARTMENT by 9-14-99; published 7- 14-99 16-99 Superfund program: CONSUMER PRODUCT Food and Nutrition Service SAFETY COMMISSION Federal Family Education National oil and hazardous Child nutrition programs: Loan Program; Practice and procedure: substances contingency Women, infants, and comments due by 9-15- planÐ Rulemaking petition children; special 99; published 8-6-99 National priorities list procedures; correction; supplemental nutrition Student financial assistance update; comments due published 9-8-99 programÐ programs; institutional by 9-13-99; published HEALTH AND HUMAN Vendor management eligibility; comments due 8-12-99 SERVICES DEPARTMENT systems; mandatory by 9-13-99; published 7- National priorities list Food and Drug selection criteria, 15-99 update; comments due Administration limitation of vendors, ENERGY DEPARTMENT by 9-15-99; published training requirements, Animal drugs, feeds, and Energy Efficiency and 8-16-99 related products: high-risk vendors identification criteria, Renewable Energy Office National priorities list New drug applicationsÐ etc.; comments due by Consumer products; energy update; comments due Selamectin; published 9-8- 9-14-99; published 6-16- conservation program: by 9-15-99; published 99 99 Electric and hybrid vehicle 8-16-99 National priorities list COMMERCE DEPARTMENT research, development, and demonstration update; comments due COMMENTS DUE NEXT National Oceanic and program; petroleum- by 9-15-99; published WEEK Atmospheric Administration equivalent fuel economy 8-16-99 Fishery conservation and calculation; comments due National priorities list AGRICULTURE management: by 9-13-99; published 7- update; comments due DEPARTMENT Alaska; fisheries of 14-99 by 9-15-99; published Agricultural Marketing Exclusive Economic ENVIRONMENTAL 8-16-99 Service ZoneÐ PROTECTION AGENCY Toxic chemical release Meats, prepared meats, and Pollock; comments due by Air pollutants, hazardous; reporting; community-right- meat products; grading, 9-15-99; published 9-3- national emission standards: to-knowÐ certification, and standards: 99 Chromium emissions from Lead and lead Livestock and poultry Pollock; comments due by hard and decorative compounds; lowering of products; voluntary, user- 9-15-99; published 9-3- chromium electroplating reporting thresholds; fee funded program to 99 and anodizing tanks, etc.; comments due by 9-17- inspect and certify Pollock; comments due by comments due by 9-17- 99; published 8-3-99 processing equipment; 9-15-99; published 9-3- 99; published 8-18-99 Water programs: meeting; comments due 99 Air pollution control; new Underground injection by 9-14-99; published 7- Caribbean, Gulf, and South motor vehicles and engines: control programÐ 16-99 Atlantic fisheriesÐ New nonroad spark-ignition Alabama; Class II AGRICULTURE Gulf of Mexico and South handheld engines at or program withdrawn; DEPARTMENT Atlantic coastal below 19 kilowatts; phase public hearing; Animal and Plant Health migratory pelagic 2 emission standards; comments due by 9-16- Inspection Service resources; comments comments due by 9-17- 99; published 8-10-99 Animal welfare: due by 9-16-99; 99; published 7-28-99 FEDERAL Nonhuman primates; policy; published 7-27-99 Air quality implementation COMMUNICATIONS comments due by 9-13- Gulf of Mexico Fishery plans; approval and COMMISSION 99; published 7-15-99 Management Council; promulgation; various Common carrier services: Exportation and importation of meetings; comments States: Commercial mobile radio animals and animal due by 9-13-99; Connecticut; comments due servicesÐ published 8-2-99 products: by 9-15-99; published 8- Calling party pays service Hog cholera; importation CONSUMER PRODUCT 16-99 offering; regulatory and in-transit movement SAFETY COMMISSION Minnesota; comments due obstacles removed; of fresh pork and pork Dive sticks; comment and by 9-13-99; published 8- comments due by 9-17- products from Mexico into information request; 13-99 99; published 8-17-99

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Digital television stations; table due by 9-17-99; published Regattas and marine parades: Class E airspace; comments of assignments: 7-19-99 Winston Offshore Cup; due by 9-15-99; published Washington; comments due HUD-owned properties: comments due by 9-16- 8-9-99 by 9-13-99; published 7- Up-front grants and loans in 99; published 8-2-99 TRANSPORTATION 26-99 disposition of multifamily TRANSPORTATION DEPARTMENT Multiple Address Systems; projects; comments due DEPARTMENT Federal Highway comments due by 9-17-99; by 9-13-99; published 7- Federal Aviation Administration published 7-19-99 15-99 Administration Motor carrier safety standards: Radio services, special: INTERIOR DEPARTMENT Air carrier certification and Transportation Equity Act for Personal servicesÐ Land Management Bureau operations: 21st Century; implementationÐ Wireless medical Indian allotments: Digital flight data recorder Safety fitness procedures; telemetry service; Federal regulatory review; requirements for Airbus comments due by 9-16- airplanes; comment comments due by 9-15- comments due by 9-13- 99; published 8-16-99 99; published 8-2-99 99; published 7-15-99 request; comments due by 9-17-99; published 8- TRANSPORTATION FEDERAL HOUSING INTERIOR DEPARTMENT FINANCE BOARD 24-99 DEPARTMENT National Park Service Federal home loan bank Airworthiness directives: Maritime Administration National Park System: system: Aerospatiale; comments due Vessel financing assistance: Glacier Bay National Park, Advance participations; by 9-17-99; published 8-3- Obligation guarantees; Title AK; commercial fishing sales of whole advances; 99 XI programÐ activities; comments due comments due by 9-15- Airbus; comments due by 9- Putting customers first; by 9-16-99; published 8-2- 99; published 8-16-99 16-99; published 8-17-99 comments due by 9-13- 99 99; published 8-13-99 FEDERAL TRADE Allison Engine Co.; INTERIOR DEPARTMENT COMMISSION comments due by 9-16- TREASURY DEPARTMENT Trade regulation rules: Surface Mining Reclamation 99; published 8-17-99 Internal Revenue Service and Enforcement Office Income taxes: Amplifiers utilized in home BMW Rolls-Royce GmbH; entertainment products; Permanent program and comments due by 9-16- Solely for voting stock power output claims; abandoned mine land 99; published 8-17-99 requirement in certain comments due by 9-17- reclamation plan Boeing; comments due by corporate reorganizations; 99; published 7-19-99 submissions: 9-17-99; published 8-3-99 comments due by 9-13- Illinois; comments due by 9- 99; published 6-14-99 GENERAL SERVICES Bombardier; comments due 16-99; published 8-17-99 UNITED STATES ADMINISTRATION by 9-13-99; published 8- Indiana; comments due by 12-99 INFORMATION AGENCY Federal travel: 9-15-99; published 8-16- British Aerospace; Exchange visitor program: Travel charge card; 99 comments due by 9-13- Reinstatement of J-1 mandatory use; comments NATIONAL ARCHIVES AND 99; published 8-12-99 exchange visitors who fail due by 9-14-99; published to maintain valid program 7-16-99 RECORDS ADMINISTRATION Construcciones Nixon presidential materials: Aeronauticas, S.A.; status; monitoring HEALTH AND HUMAN requirements; comments Private and personal comments due by 9-13- SERVICES DEPARTMENT due by 9-13-99; published segments of tape 99; published 8-12-99 Food and Drug 8-13-99 recordings; return to Dassault; comments due by Administration Nixon estate; comments 9-13-99; published 8-12- Food additives: due by 9-13-99; published 99 LIST OF PUBLIC LAWS Adjuvants, production aids, 7-14-99 Israel Aircraft Industries, and sanitizersÐ NUCLEAR REGULATORY Ltd.; comments due by 9- This is a continuing list of Chrome antimony titanium COMMISSION 16-99; published 8-17-99 public bills from the current buff rutile (C.I. Pigment session of Congress which Production and utilization Pilatus Aircraft Ltd.; Brown 24); comments have become Federal laws. It facilities; domestic licensing: comments due by 9-13- due by 9-15-99; 99; published 8-13-99 may be used in conjunction published 8-16-99 Potassium iodide in with ``P L U S'' (Public Laws emergency plans; Pratt & Whitney; comments Nickel antimony titanium Update Service) on 202±523± comments due by 9-13- due by 9-15-99; published yellow rutile (C.I. 6641. This list is also 99; published 6-14-99 8-16-99 Pigment Yellow 5); Airworthiness standards: available online at http:// Risk-informed revisions, www.nara.gov/fedreg. comments due by 9-15- Special conditionsÐ 99; published 8-16-99 Option 3; workshop; comments due by 9-15- Bombardier Model DHC-8- The text of laws is not Sucralose; comments due 99; published 8-13-99 400 airplane; comments published in the Federal by 9-13-99; published 8- due by 9-13-99; Register but may be ordered POSTAL SERVICE 12-99 published 8-12-99 in ``slip law'' (individual Domestic Mail Manual: Human drugs and biological Dassault Aviation Falcon pamphlet) form from the products: Curbside mailboxes; design Model 20-C5/-D5/-E5/- Superintendent of Documents, Supplements and other standards; Consensus F5 airplanes; comments U.S. Government Printing changes to approved Committee establishment due by 9-13-99; Office, Washington, DC 20402 application; comments due and meeting; comments published 8-12-99 (phone, 202±512±1808). The due by 9-14-99; published by 9-13-99; published 6- Class D and Class E text will also be made 8-17-99 28-99 airspace; comments due by available on the Internet from HOUSING AND URBAN TRANSPORTATION 9-17-99; published 8-18-99 GPO Access at http:// www.access.gpo.gov/nara/ DEVELOPMENT DEPARTMENT Class E airspace; comments DEPARTMENT Coast Guard index.html. Some laws may due by 9-13-99; published not yet be available. Community development block Anchorage regulations: 7-30-99 grants: California; comments due by Class E Airspace; comments H.R. 211/P.L. 106±48 Expenditure documentation; 9-13-99; published 7-15- due by 9-15-99; published To designate the Federal clarification; comments 99 8-9-99 building and United States

VerDate 18-JUN-99 17:12 Sep 07, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\08SECU.XXX pfrm01 PsN: 08SECU Federal Register / Vol. 64, No. 173 / Wednesday, September 8, 1999 / Reader Aids v courthouse located at 920 and Gas Guaranteed Loan Act S. 1546/P.L. 106±55 subscribe, send E-mail to West Riverside Avenue in of 1999 (Aug. 17, 1999; 113 To amend the International [email protected] with Spokane, Washington, as the Stat. 252) Religious Freedom Act of the text message: ``Thomas S. Foley United H.R. 2465/P.L. 106±52 1998 to provide additional States Courthouse'', and the Military Construction administrative authorities to SUBSCRIBE PUBLAWS-L plaza at the south entrance of Appropriations Act, 2000 (Aug. the United States Commission such building and courthouse Your Name. 17, 1999; 113 Stat. 259) on International Religious as the ``Walter F. Horan Freedom, and to make S. 507/P.L. 106±53 Plaza''. (Aug. 17, 1999; 113 technical corrections to that Note: This service is strictly Stat. 230) Water Resources Development Act, and for other purposes. for E-mail notification of new H.R. 1219/P.L. 106±49 Act of 1999. (Aug. 17, 1999; (Aug. 17, 1999; 113 Stat. 401) public laws. The text of laws 113 Stat. 269) Construction Industry Payment Last List August 18, 1999 is not available through this Protection Act of 1999 (Aug. S. 606/P.L. 106±54 service. PENS cannot respond 17, 1999; 113 Stat. 231) For the relief of Global to specific inquiries sent to H.R. 1568/P.L. 106±50 Exploration and Development Public Laws Electronic this address. Veterans Entrepreneurship and Corporation, Kerr-McGee Notification Service Small Business Development Corporation, and Kerr-McGee (PENS) Act of 1999 (Aug. 17, 1999; Chemical, LLC (successor to 113 Stat. 233) Kerr-McGee Chemical H.R. 1664/P.L. 106±51 Corporation), and for other PENS is a free electronic mail Emergency Steel Loan purposes. (Aug. 17, 1999; 113 notification service of newly Guarantee and Emergency Oil Stat. 398) enacted public laws. To

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