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2 III

Contents Federal Register Vol. 62, No. 247

Wednesday, December 24, 1997

Agency for International Development Centers for Disease Control and Prevention NOTICES NOTICES Meetings: Meetings: International Food and Agricultural Development Board, National Vaccine Advisory Committee, 67377 67405–67406 Civil Rights Commission Agency for Toxic Substances and Disease Registry NOTICES NOTICES Meetings; State advisory committees: Superfund program: New York, 67344 Hazardous substances priority list (toxicological profiles), Pennsylvania, 67344 67375–67377 Wyoming, 67344–67345

Agricultural Marketing Service Coast Guard PROPOSED RULES RULES Spearmint oil produced in Far West, 67297–67300 Coast Guard Authorization Act of 1996; implementation: NOTICES International management code for safe operation of Apples, canned; grade standards, 67326–67327 ships and pollution prevention, 67492–67515 Grants and cooperative agreements; availability, etc.: Vessel inspection alternatives: Federal-State marketing improvement program, 67327 Classification procedures, 67526–67537

Agricultural Research Service Commerce Department NOTICES See International Trade Administration Grants and cooperative agreements; availability, etc.: Biotechnology risk assessment research program, 67488– Cooperative State Research, Education, and Extension 67490 Service NOTICES Agriculture Department Grants and cooperative agreements; availability, etc.: See Agricultural Marketing Service Biotechnology risk assessment research program, 67488– See Agricultural Research Service 67490 See Cooperative State Research, Education, and Extension Service Defense Department See Farm Service Agency See Air Force Department See Forest Service See Defense Special Weapons Agency See Rural Business-Cooperative Service NOTICES See Rural Housing Service Agency information collection activities: See Rural Utilities Service Proposed collection; comment request, 67347–67348 NOTICES Agency information collection activities: Defense Special Weapons Agency Submission for OMB review; comment request, 67325– RULES 67326 Privacy Act; implementation, 67291–67292

Air Force Department Drug Enforcement Administration PROPOSED RULES NOTICES Environmental impact analysis process, 67305–67320 Agency information collection activities: NOTICES Submission for OMB review; comment request, 67407– Commercial activities performance (OMB A-76); cost 67409 comparison studies, 67348–67350 Education Department Architectural and Transportation Barriers Compliance NOTICES Board Grants and cooperative agreements; availability, etc.: PROPOSED RULES International research and studies program; annual report Americans with Disabilities Act; implementation: publication, 67540–67541 Outdoor Developed Areas Accessibility Guidelines Meetings: Regulatory Negotiation Committee— Indian Education National Advisory Council, 67350– Meetings, 67320 67351 NOTICES National Institute on Disability and Rehabilitation Meetings: Research, 67544 Access Board, 67332 Energy Department Assassination Records Review Board See Federal Energy Regulatory Commission NOTICES RULES Formal determinations on records release, 67332–67344 Privacy Act: implementation, 67518–67519 IV Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Contents

NOTICES Meetings: Meetings: Emergency Alert System National Advisory Committee, Environmental Management Site-Specific Advisory 67367 Board— Paducah Gaseous Diffusion Plant, KY, 67351 Secretary of Energy Advisory Board, 67351–67352 Federal Election Commission Privacy Act: PROPOSED RULES Systems of records, 67520–67523 Reports by political committees: Campaign-related receipts and disbursements; recording, Environmental Protection Agency reporting, and report filing PROPOSED RULES Hearing, 67300 Air quality implementation plans; approval and promulgation; various States: Federal Energy Regulatory Commission California, 67320–67323 NOTICES Toxic substances: Electric rate and corporate regulation filings: Testing requirements— National Gas & Electric L.P. et al., 67355–67356 Biphenyl, etc., 67466–67485 Ogden Energy China (Alpha) Ltd. et al., 67356–67358 Water pollution; effluent guidelines for point source Environmental statements; availability, etc.: categories: Allegheny Hydro No. 8 & 9 LP et al., 67358 Industrial laundries industry; hearing, 67323–67324 Applications, hearings, determinations, etc.: NOTICES CNG Transmission Corp., 67352 Agency information collection activities: KN Interstate Gas Transmission Co., 67352–67353 Proposed collection; comment request, 67358–67360 Koch Gateway Pipeline Co., 67353 Clean Air Act: Mississippi River Transmission Corp., 67353–67354 Citizens suits; proposed settlements— Panhandle Eastern Pipe Line Co., 67354 Chemical Manufacturers Association et al., 67360– Power Authority of State of New York; correction, 67354 67361 Tennessee Gas Pipeline Co., 67354 Environmental statements; availability, etc.: Trailblazer Pipeline Co., 67355 Agency statements— Weekly receipts, 67361 Meetings: Federal Maritime Commission Aquatic life and wildlife; 2,3,7,8-TCDD toxicity NOTICES equivalency factors application potential; technical Agency information collection activities: workshop, 67361–67362 Proposed collection; comment request, 67367–67368 Drake Chemical Superfund Site Incinerator, PA; risk Agreements filed, etc., 67368–67369 issues; technical workshop, 67362 Complaints filed: Environmental Financial Advisory Board, 67362–67363 Trade Net, Inc., 67369 National Drinking Water Advisory Council, 67363 Small Business Regulatory Enforcement Fairness Act; Science Advisory Board, 67363–67365 implementation, 67369–67372 Pesticide registration, cancellation, etc.: Triforine Technical, etc., 67365–67366 Federal Railroad Administration Executive Office of the President NOTICES See Presidential Documents Traffic control systems; discontinuance or modification: SOO Line Railroad Co. et al., 67429–67430 Farm Service Agency RULES Federal Trade Commission Organization, functions, and authority delegations: NOTICES Rural Development Mission Area, 67258–67265 Prohibited trade practices: Honeywell Inc., 67372–67373 Federal Aviation Administration RULES Class D airspace, 67265–67266 Financial Management Service Class E airspace, 67266–67268 See Fiscal Service Restricted areas, 67268–67269 PROPOSED RULES Fiscal Service Airworthiness directives: NOTICES British Aerospace, 67304 Agency information collection activities: SOCATA-Groupe AEROSPATIALE, 67300–67302 Proposed collection; comment request, 67431 NOTICES Exemption petitions; summary and disposition, 67428 Fish and Wildlife Service Federal Communications Commission PROPOSED RULES NOTICES Endangered and threatened species: Agency information collection activities: Topeka shiner, 67324 Submission for OMB review; comment request, 67366 NOTICES Common carrier services: Endangered and threatened species: Telecommunications relay services; State certification; Conservation agreements— applications accepted, 67366–67367 Spotted frog in Utah, 67398 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Contents V

Food and Drug Administration Interior Department RULES See Fish and Wildlife Service Animal drugs, feeds, and related products: See Indian Affairs Bureau New drug applications— See Land Management Bureau Decoquinate and bacitracin zinc with roxarsone, 67273 See Minerals Management Service Medical devices: See National Park Service Medical device corrections and removals; reporting and recordkeeping requirements Internal Revenue Service Effective date stay, 67274 PROPOSED RULES Organization, functions, and authority delegations: Employment taxes and collection of income taxes at source: Center for Devices and Radiological Health, 67270–67273 FICA and FUTA taxation of amounts under employee NOTICES benefit plans, 67304–67305 Harmonisation International Conference; guidelines availability: International Development Cooperation Agency Pharmaceuticals— See Agency for International Development Q3C impurities; residual solvents, 67377–67388 International Trade Administration Forest Service NOTICES NOTICES Appealable decisions; legal notice: Antidumping: Intermountain region, 67327–67329 Cut-to-length carbon steel plate from— Brazil, 67345 General Accounting Office Roller chain, other than bicycle, from— NOTICES Japan, 67345–67347 Standards for internal control in Federal government; document availability, 67373–67374 International Trade Commission NOTICES Health and Human Services Department Import investigations: See Agency for Toxic Substances and Disease Registry Extruded rubber thread from— See Centers for Disease Control and Prevention Malaysia, 67406–67407 See Food and Drug Administration See Health Care Financing Administration Justice Department See Inspector General Office, Health and Human Services See Drug Enforcement Administration Department See Justice Programs Office See National Institutes of Health NOTICES Justice Programs Office Grant and cooperative agreement awards: NOTICES National Academy of Sciences, 67374 Agency information collection activities: Reports and guidance documents; availability, etc.: Proposed collection; comment request, 67409–67410 Dietary supplement labeling policy, 67374–67375 Labor Department Health Care Financing Administration See Labor Statistics Bureau See Inspector General Office, Health and Human Services See Mine Safety and Health Administration Department NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 67410 Submission for OMB review; comment request, 67388– 67389 Labor Statistics Bureau Reporting and recordkeeping requirements, 67389–67392 NOTICES Housing and Urban Development Department Agency information collection activities: NOTICES Proposed collection; comment request, 67410–67411 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Land Management Bureau Excess and surplus Federal property, 67397–67398 NOTICES Environmental statements; availability, etc.: Indian Affairs Bureau Ward Valley, San Bernardino County, CA; tritium and NOTICES related materials testing, 67400 Indian tribes, acknowledgment of existence determinations, Meetings: etc.: Resource advisory councils— Mobile-Washington County Band of Choctaw Indians of Arizona, 67400–67401 South Alabama, 67398–67400 Opening of public lands: Wyoming, 67401 Inspector General Office, Health and Human Services Recreation management restrictions, etc.: Department Forks of Butte Creek Special Area, CA; recreational NOTICES mineral collection; fee adjustment, 67401 Social Security Act: Resource management plans, etc.: Permissive exclusion authority; implementation criteria, Arizona Strip District, AZ, 67401–67402 67392–67394 Farmington District, NM, 67402–67405 VI Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Contents

Minerals Management Service Presidential Documents RULES PROCLAMATIONS Outer Continental Shelf; geological and geophysical Government agencies and employees: explorations, 67278–67291 Secretary of Commerce; delegation of authority (Memorandum of December 19, 1997), 67547 Mine Safety and Health Administration NOTICES Public Debt Bureau Mining products; testing, evaluation, and approval; user See Fiscal Service adjustment fees, 67411–67413 Public Health Service National Highway Traffic Safety Administration See Agency for Toxic Substances and Disease Registry NOTICES See Centers for Disease Control and Prevention Motor vehicle safety standards: See Food and Drug Administration Nonconforming vehicles— See National Institutes of Health Importation eligibility; determinations, 67430–67431 Research and Special Programs Administration National Institutes of Health RULES NOTICES Pipeline safety: Meetings: Drug use and alcohol misuse control in natural gas, National Institute of Allergy and Infectious Diseases, liquefied natural gas, and hazardous pipeline 67394–67395 operations, 67293–67294 National Institute of Environmental Health Sciences, Facility response plan submissions; reporting cycle 67394 changes, 67292–67293 National Institute on Aging, 67394 Rural Business-Cooperative Service National Institute on Deafness and Other Communication RULES Disorders, 67395–67396 Organization, functions, and authority delegations: Scientific Review Center special emphasis panels, 67396 Rural Development Mission Area, 67258–67265 National Park Service Rural Housing Service NOTICES RULES Meetings: Organization, functions, and authority delegations: Glacier Bay National Park and Preserve, AK; commercial Rural Development Mission Area, 67258–67265 fishing proposal; workshops, 67405 NOTICES Grants and cooperative agreements; availability, etc.: Nuclear Regulatory Commission Housing preservation program, 67329–67330 NOTICES Meetings: Rural Utilities Service Reactor Safeguards Advisory Committee, 67416 RULES Safety analysis and evaluation reports; availability, etc.: Organization, functions, and authority delegations: Hydro Resources, Inc., 67416–67417 Rural Development Mission Area, 67258–67265 Applications, hearings, determinations, etc.: NOTICES Atlantic City Electric Co., 67413–67414 Agriculture, Rural Development, Food and Drug Atlantic City Electric Co. et al., 67414–67415 Administration, and Related Agencies Appropriations Conam Inspection, Inc., 67416 Act of 1998; implementation: Interest rates for 1998 FY RUS cost-of-money loans, etc., Nuclear Waste Technical Review Board 67330–67331 NOTICES Grant and cooperative agreement awards: Meetings, 67417–67418 Bristol Bay Area Health Corp. et al., 67331–67332

Pension Benefit Guaranty Corporation Securities and Exchange Commission NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 67418–67420 Submission for OMB review; comment request, 67419– 67420 Personnel Management Office Self-regulatory organizations; proposed rule changes: RULES American Stock Exchange, Inc., 67422 Prevailing rate systems, 67257–67258 MBS Clearing Corp., 67422–67423 PROPOSED RULES National Association of Securities Dealers, Inc., 67423– Retirement, health benefits, and life insurance, Federal 67425 employees: Philadelphia Stock Exchange, Inc., 67425–67426 Decennial census employees with dual appointments; Applications, hearings, determinations, etc.: continuity of coverage requirements; exemption, Merrill Lynch & Co., Inc., et al., 67420–67422 67295–67296 NOTICES Small Business Administration Personnel management demonstration projects: NOTICES Commerce Department— Meetings; district and regional advisory councils: Alternative personnel management system, 67434– Florida, 67427 67463 Massachusetts, 67427 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Contents VII

Social Security Administration Part III NOTICES Environmental Protection Agency, 67466–67485 Agency information collection activities: Submission for OMB review; comment request, 67427 Part IV State Department Department of Agriculture, Agricultural Research Service, RULES 67488–67490 International traffic in arms regulations: Miscellaneous amendments, 67274–67278 Part V NOTICES Department of Transportation, Coast Guard, 67492–67515 Meetings: Private International Law Advisory Committee, 67427– Part VI 67428 Department of Energy, 67518–67519, 67520–67523 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Part VII Department of Transportation, Coast Guard, 67526–67537 Transportation Department See Coast Guard Part VIII See Federal Aviation Administration See Federal Railroad Administration Department of Education, 67540–67541 See National Highway Traffic Safety Administration See Research and Special Programs Administration Part IX Department of Education, 67544 Treasury Department See Fiscal Service Part X See Internal Revenue Service The President, 67547 United States Information Agency NOTICES Exchange visitor program: Reader Aids Skills list Additional information, including a list of telephone Czech Republic; removal, 67431–67432 numbers, finding aids, reminders, and a list of Public Laws Voice of America programs and program services; private appears in the Reader Aids section at the end of this issue. sector partners, joint ventures, and corporate underwriting, 67432

Electronic Bulletin Board Separate Parts In This Issue Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of Part II documents on public inspection is available on 202–275– Office of Personnel Management, 67434–67463 1538 or 275–0920. VIII Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 31 (2 documents) ...... 67492, 67526 Administrative Orders: 69...... 67526 Memorandum: 71 (2 documents) ...... 67526 December 19, 1997...... 67548 91 (2 documents) ...... 67526 5 CFR 107 (2 documents) ...... 67526, 532 (2 documents) ...... 67257, 67526 67258 115...... 67492 126...... 67492 Proposed Rules: 153...... 67526 831...... 67295 154...... 67526 842...... 67295 171...... 67526 870...... 67295 175...... 67492 890...... 67295 176...... 67492 7 CFR 189...... 67492 2003...... 67258 49 CFR Proposed Rules: 194...... 67292 985...... 67297 199...... 67293 10 CFR 50 CFR 1008...... 67518 Proposed Rules: 11 CFR 17...... 67324 Proposed Rules: 102...... 67300 104...... 67300 108...... 67300 14 CFR 71 (3 documents) ...... 67265, 67266, 67267 73 (2 documents) ...... 67268, 67269 Proposed Rules: 39 (2 documents) ...... 67300, 67303 21 CFR 5...... 67270 558...... 67273 806...... 67274 22 CFR 120...... 67274 123...... 67274 124...... 67274 126...... 67274 127...... 67274 129...... 67274 26 CFR Proposed Rules: 31...... 67304 30 CFR 250...... 67278 251...... 67278 32 CFR 318...... 67291 Proposed Rules: 989...... 67305 33 CFR 96...... 67492 151...... 67526 36 CFR Proposed Rules: 1190...... 67320 1191...... 67320 40 CFR Proposed Rules: 52...... 67320 441...... 67323 799...... 67466 46 CFR 1...... 67526 2...... 67492 8...... 67526 67257

Rules and Regulations Federal Register Vol. 62, No. 247

Wednesday, December 24, 1997

This section of the FEDERAL REGISTER FWS employees. The proposed rule is 532, the wage area listing for the New contains regulatory documents having general therefore being adopted as a final rule. York, NY, wage area follows applicability and legal effect, most of which When the FWS was established in immediately after the wage area listing are keyed to and codified in the Code of 1972, the New York, NY, survey area for the Newburgh, NY, wage area Federal Regulations, which is published under was composed of Bronx, Kings, Nassau, without showing the title of the New 50 titles pursuant to 44 U.S.C. 1510. New York, Queens, Richmond, York, NY, wage area. This final rule also The Code of Federal Regulations is sold by Rockland, Suffolk, and Westchester corrects that inadvertent omission. the Superintendent of Documents. Prices of Counties, NY; and Essex, Hudson, Regulatory Flexibility Act new books are listed in the first FEDERAL Morris, and Union Counties, NJ. In REGISTER issue of each week. 1975, FPRAC agreed by consensus to I certify that these regulations will not recommend that the New York, NY, have a significant economic impact on survey area be expanded to include a substantial number of small entities OFFICE OF PERSONNEL Putnam County, NY; and Bergen, because they affect only Federal MANAGEMENT Middlesex, Monmouth, Passaic, and agencies and employees. Somerset Counties, NJ. This change was 5 CFR Part 532 made so as to include 100 percent of the List of Subjects in 5 CFR Part 532 RIN 3206±AI06 New York wage area’s FWS employment Administrative practice and in the New York, NY, survey area and procedure, Freedom of information, Prevailing Rate Systems; Removal of to provide for a larger number of Government employees, Reporting and Putnam, Richmond, and Rockland surveyable private industrial recordkeeping requirements, Wages. Counties, NY, and Monmouth County, establishments. NJ, from the New York, NY, As the largest FWS survey—with a Office of Personnel Management. Appropriated Fund Survey Area sample of more than 900 industrial Janice R. Lachance, establishments—the New York, NY, AGENCY: Office of Personnel Director. FWS wage survey has become Management. increasingly difficult to conduct because Accordingly, OPM is amending 5 CFR ACTION: Final rule. its logistical demands create unusual part 532 as follows: SUMMARY: The Office of Personnel burdens on local agency activities PART 532ÐPREVAILING RATE Management (OPM) is issuing a final already strained by downsizing and SYSTEMS rule to remove Putnam, Richmond, and budget constraints. To reduce the Rockland Counties, NY, and Monmouth logistical burdens of the New York, NY, 1. The authority citation for part 532 County, NJ, from the survey area of the FWS wage survey, OPM is removing continues to read as follows: New York, NY, appropriated fund Putnam, Richmond, and Rockland Counties, NY, and Monmouth County, Authority: 5 U.S.C. 5343, 5346; § 532.707 Federal Wage System wage area. The also issued under 5 U.S.C. 552. four counties will remain in the area of NJ, from the New York, NY, survey area. application of the New York, NY, wage Of the 19 counties in the New York, NY, Appendix C to Subpart B of Part 532 area. survey area, OPM is removing these four [Amended] counties from the survey area because EFFECTIVE DATE: January 23, 1998. their removal appears to offer the best 2. Appendix C to subpart B is FOR FURTHER INFORMATION CONTACT: means of reducing the logistical burdens amended by revising the wage area Mark Allen at (202) 606–2848, or send of surveys in the New York, NY, wage listings for the Newburgh, New York, an email message to [email protected]. area while least affecting the and New York, New York, wage areas to SUPPLEMENTARY INFORMATION: On determination of prevailing rates for read as follows: November 3, 1997, OPM published a FWS employees in that wage area. Appendix C to Subpart B of Part 532— proposed rule to remove Putnam, The removal of these four counties Appropriated Fund Wage and Survey Richmond, and Rockland Counties, NY, from the New York, NY, FWS survey Areas and Monmouth County, NJ, from the area leaves about 90 percent of the wage survey area of the New York, NY, area’s FWS employment in the New * * * * * appropriated fund Federal Wage System York, NY, survey area, and reduces the New York (FWS) wage area (62 FR 59300). The number of surveyable private industrial * * * * * proposed rule provided a 30-day period establishments in the New York, NY, for public comment, during which OPM survey universe by only about 4 percent. Newburgh received one comment. The comment OPM also considered the possible Survey Area was related to the definition of the removal of other counties from the New Newburgh, NY, wage area—a matter York survey area, but none appeared to New York: previously decided by OPM following offer as convincing a rationale for Dutchess Orange lengthy discussions at meetings of the removal as do Putnam, Richmond, Ulster Federal Prevailing Rate Advisory Rockland, or Monmouth Counties. Committee (FPRAC), the statutory FPRAC reviewed and concurred by Area of Application. Survey Area Plus national-level labor-management consensus with this change. New York: committee responsible for advising Because of a typographical error in Delaware OPM on matters concerning the pay of appendix C to subpart B of 5 CFR part Sullivan 67258 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

New York SUPPLEMENTARY INFORMATION: The able to conduct a special wage survey in Survey Area Department of Defense recommended to the wage area in 1997. OPM that the Kansas City, MO, special New York: Regulatory Flexibility Act Bronx wage schedule for printing positions be Kings abolished and that the regular Kansas I certify that these regulations will not Nassau City wage schedule apply to printing have a significant economic impact on New York employees in the Kansas City wage area. a substantial number of small entities Queens This recommendation was based on the because they affect only Federal Suffolk fact that the number of employees paid agencies and employees. Westchester from the special schedule has declined New Jersey: List of Subjects in 5 CFR Part 532 in recent years from a total of about 70 Bergen Administrative practice and Essex employees in 1985 to a current total of Hudson about 30 employees. With the reduced procedure, Freedom of information, Middlesex number of employees, it has become Government employees, Reporting and Morris increasingly difficult to comply with the recordkeeping requirements, Wages. Passaic requirement that workers paid from the Office of Personnel Management. Somerset special printing schedule participate in Union Janice R. Lachance, the local wage survey process. A full- Director. Area of Application. Survey Area Plus scale special wage survey in the Kansas Accordingly, OPM is amending 5 CFR New York: City wage area would require the Putnam substantial work effort of contacting part 532 as follows: Richmond about 70 printing establishments spread Rockland PART 532ÐPREVAILING RATE over 8 counties and would require the SYSTEMS New Jersey: participation of about 10 percent of the Monmouth Sussex employees who are paid from the 1. The authority citation for part 532 special printing schedule. continues to read as follows: * * * * * Upon abolishment of the Kansas City [FR Doc. 97–33581 Filed 12–23–97; 8:45 am] Authority: 5 U.S.C. 5343, 5346; § 532.707 special printing schedule, the printing also issued under 5 U.S.C. 552. BILLING CODE 6325±01±P and lithographic employees will be converted to the regular schedule for the § 532.279 [Amended] Kansas City wage area on a grade-for- 2. In § 532.279, paragraph (j)(3) is OFFICE OF PERSONNEL removed, and paragraph (j)(4) is MANAGEMENT grade basis. An employee’s new rate of pay will be set at the rate for the step redesignated as paragraph (j)(3). 5 CFR Part 532 of the applicable grade of the regular [FR Doc. 97–33583 Filed 12–23–97; 8:45 am] schedule that equals the employee’s BILLING CODE 6325±01±P RIN 3206±AI11 existing scheduled rate of pay. When Prevailing Rate Systems; Abolishment the existing rate falls between two steps, of Kansas City, MO, Special Wage an employee’s new rate will be set at the DEPARTMENT OF AGRICULTURE Schedule for Printing Positions rate for the higher of those two steps. Pay retention provisions will apply for Rural Housing Service AGENCY: Office of Personnel the few employees not receiving Management. increases upon conversion. This Rural Business-Cooperative Service ACTION: Interim rule with request for conversion does not constitute an Rural Utilities Service comments. equivalent increase for within-grade increase purposes. Farm Service Agency SUMMARY: The Office of Personnel The Federal Prevailing Rate Advisory Management (OPM) is issuing an Committee, the statutory national-level 7 CFR Part 2003 interim rule to abolish the Federal Wage labor-management committee System (FWS) special wage schedule for responsible for advising OPM on Functional Organization of the Rural printing positions in the Kansas City, matters concerning the pay of FWS Development Mission Area Missouri, wage area. Printing and employees, has reviewed and concurred AGENCIES: Rural Housing Service; Rural lithographic employees in Kansas City by consensus with this change. Business-Cooperative Service; Rural will now be paid rates from the regular Pursuant to 5 U.S.C. 553(b)(3)(B), I Utilities Service; Farm Service Agency; Kansas City wage schedule. find that good cause exists for waiving USDA. DATES: This interim rule becomes the general notice of proposed ACTION: Final rule. effective on January 4, 1998. Comments rulemaking. Also, pursuant to 5 U.S.C. must be received by January 23, 1998. 553(d)(3), I find that good cause exists SUMMARY: The issuing agencies amend ADDRESSES: Send or deliver comments for making this rule effective in less their regulations to reflect the to Donald J. Winstead, Assistant than 30 days. The notice is being reorganization of the Department of Director for Compensation waived and the regulation is being made Agriculture. The intended effect of this Administration, Workforce effective in less than 30 days because a action is to provide efficient utilization Compensation and Performance Service, new regular wage schedule will go into of Department personnel resources. This Office of Personnel Management, Room effect in the Kansas City wage area on publication provides the function 7H31, 1900 E Street NW., Washington, January 4, 1998, and employees statements for organizational units DC 20415, or FAX: (202) 606–4264. currently paid from the special printing within the Rural Development mission FOR FURTHER INFORMATION CONTACT: schedule for the wage area would have area, the Rural Housing Service, Rural Mark Allen at (202) 606–2848, or send received a wage adjustment on that date Business-Cooperative Service, and the an email message to [email protected]. had the Department of Defense been Rural Utilities Service. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67259

EFFECTIVE DATE: December 24, 1997. affecting the quality of human 2003.14 Field Offices. FOR FURTHER INFORMATION CONTACT: environment, and, in accordance with 2003.15–2003.16 [Reserved] 2003.17 Availability of information. Timothy J. Ryan, Assistant the National Environmental Policy Act of 1969, Pub. L. 91–190, an 2003.18 Functional organization of RHS. Administrator for Human Resources, 2003.19–2003.21 [Reserved] Rural Development, STOP 0730, 1400 Environmental Impact Statement is not 2003.22 Functional organization of RUS. Independence Avenue, SW., required. 2003.23–2003.25 [Reserved] Washington, DC 20250–0730; Background 2003.26 Functional organization of the RBS. Telephone: (202) 690–9860. 2003.27–2003.50 [Reserved] The Farmers Home Administration SUPPLEMENTARY INFORMATION: (FmHA) was abolished by the § 2003.1 Definitions. Classification Department of Agriculture EEO—the Equal Employment Reorganization Act of 1994 (1994 Act). Opportunity Act of 1972, 42 U.S.C. This action is not subject to the The Office of the Assistant § 2000e et seq. provisions of Executive Order 12866 Administrator, Farmer Programs, and all O&M—Operations and Management. since it involves only internal Agency its subordinate organizational units P&P—Policy and Planning. management and has no impact on have been transferred to the Farm RBS—Rural Business-Cooperative borrowers or other members of the Service Agency (FSA). The remainder of Development Service, USDA, or any public. This action is not published for the FmHA organizational units have successor agency. proposed rulemaking because it been transferred in accordance with the RHS—Rural Housing Service, USDA, involves only internal Agency 1994 Act to one of the following newly or any successor agency. management and publication for created agencies which make up the RTB—Rural Telephone Bank comment is unnecessary and contrary to Rural Development mission area (Rural authorized by 7 U.S.C. 944. the public interest. Development): the Rural Housing Rural Development—Rural Unfunded Mandates Reform Act Service, the Rural Business-Cooperative Development mission area of USDA. Service, and the Rural Utilities Service. RUS—Rural Utilities Service, USDA, Title II of the Unfunded Mandates The Rural Utilities Service also includes or any successor agency. Reform Act of 1995 (UMRA), Pub. L. the organizational units of the former Secretary—the Secretary of USDA. 104–4, establishes requirements for Rural Electrification Administration. USDA—the United States Department Federal agencies to assess the effects of This rule adopts the organizational of Agriculture. their regulatory actions on State, local, structure put into place following § 2003.2 General. and tribal governments, and the private enactment of the 1994 Act on October The Rural Development mission area sector. Under section 202 of the UMRA, 13, 1994. The rule only covers the Rural of the Department of Agriculture was the agencies generally must prepare a Development agencies. The functions established as a result of the Department written statement, including a cost- and responsibilities delegated by the of Agriculture Reorganization Act of benefit analysis, for proposed and final Under Secretary, Rural Development, to 1994, Title II of Pub.L. 103–354. Rural rules with ‘‘Federal mandates’’ that may the Rural Housing Service, Rural Development’s basic organization result in expenditures to State, local, or Business-Cooperative Service, and Rural consists of Headquarters in Washington, tribal governments, in the aggregate, or Utilities Service, are published in 7 CFR D.C. and 47 State Offices. Headquarters to the private sector, of $100 million or part 2, subpart G, §§ 2.47 through 2.49. more in any one year. When such a maintains overall planning, statement is needed for a rule, section List of Subjects in 7 CFR Part 2003 coordination, and control of Rural 205 of the UMRA generally requires the Organizations and functions Development agency programs. agencies to identify and consider a (government agencies). Administrators head RHS, RBS, and RUS under the direction of the Under reasonable number of regulatory Therefore, chapter XVIII, title 7, Code Secretary for Rural Development. State alternatives and adopt the least of Federal Regulations is amended as Directors head the State Offices and are burdensome alternative that achieves follows: the objectives of the rule. directly responsible to the Under This rule contains no Federal PART 2003ÐORGANIZATION Secretary for the execution of all Rural mandates (under the regulatory Development agency programs within provisions of Title II of the UMRA) for 1. The authority citation for part 2003 the boundaries of their states. is revised to read as follows: State, local, and tribal governments, or § 2003.3±2003.4 [Reserved] the private sector. Thus, the rule is not Authority: 5 U.S.C. 301, 7 U.S.C. 901 et subject to the requirements of sections seq., 7 U.S.C. 1989, 7 U.S.C. 6941 et seq, 42 § 2003.5 Headquarters organization. 202 and 205 of the UMRA. U.S.C. 1480, et seq. (a) The Rural Development Intergovernmental Consultation 2. Subpart A of part 2003 is revised Headquarters is comprised of: to read as follows: (1) The Office of the Under Secretary; These programs and activities are not (2) Two Deputy Under Secretaries; subject to the provisions of Executive Subpart AÐFunctional Organization of and, Order 12372, which requires the Rural Development Mission Area 3) Three Administrators and their intergovernmental consultation with Sec. staffs. State and local officials. (b) The Rural Development 2003.1 Definitions. Headquarters is located at 1400 Environmental Impact Statement 2003.2 General. Independence Avenue, SW., This final action has been reviewed in 2003.3 [Reserved] 2003.4 [Reserved] Washington, DC. 20250–0700 accordance with 7 CFR part 1940, 2003.5 Headquarters organization. § 2003.6 Office of the Under Secretary. subpart G, ‘‘Environmental Program.’’ 2003.6 Office of the Under Secretary. Rural Development has determined that 2003.7–2003.9 [Reserved] In accordance with 7 CFR § 2.17 the this final action does not constitute a 2003.10 Rural Development State Offices. Secretary has delegated to the Under major Federal action significantly 2003.11–2003.13 [Reserved] Secretary, Rural Development, authority 67260 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations to manage and administer programs and 7 CFR 2.45, the Under Secretary, Rural staff assistance reviews in State and support functions of the Rural Development, has delegated to the Local Offices, administering the Development mission area. Deputy Under Secretary for O&M Contracting Officer Professionalism (a) Office of the Deputy Under responsibility for providing leadership Warrant program for Rural Development Secretary for P&P. This office is headed in planning, developing, and agencies, and coordinating the by the Deputy Under Secretary for P&P. administering overall administrative development of Rural Development’s The Under Secretary, Rural management program policies and acquisition plans. Development, has delegated to the operational activities of the Rural (B) The Property and Supply Deputy Under Secretary for P&P, Development mission area. The Deputy Management Division is responsible for responsibility for formulation and Under Secretary for O&M reports developing office space acquisition and development of short-and long-range directly to the Under Secretary, Rural utilization policies, providing training rural development policies of the Development. to field office leasing officers, Department in accordance with 7 CFR (1) Office of the Deputy Administrator administering the Leasing Officer § 2.45. The Deputy Under Secretary for for O&M. Headed by the Deputy Warrant program, assuring accessibility P&P reports directly to the Under Administrator for O&M, this office compliance in Rural Development’s Secretary, Rural Development, and reports directly to the Deputy Under work sites, administering Rural provides guidance and supervision for Secretary for O&M, and is responsible Development’s Physical Security research, policy analysis and for directing and coordinating the program, and establishing and providing development, strategic planning, consolidated administrative and oversight to the worksite Energy partnerships and special initiatives. For financial management functions for Conservation program. This office budget and accounting purposes, all of Rural Development. This office provides operates a nationwide supply the staff offices under the Deputy Under overall guidance and supervision for warehousing and distribution program, Secretary for P&P are housed in RBS. budget and financial management, and oversees a nationwide Personal (1) The Budget Analysis Division human resources management and Property Management and Utilization assesses potential impacts of alternative personnel services, administrative and Program, manages the U.S. Department policies on the mission area’s programs procurement services, information of Agriculture (USDA) Excess Personal and operations and develops resources management and automated Property Program for field level recommendations for change. The units data systems. For budget and accounting activities, and provides direct support are headed by the Chief Budget Officer, purposes, all of the staff offices under services to Rural Development’s St. who individually serves as the top the Deputy Administrator for O&M are Louis facilities. policy advisor to the Under Secretary housed in RHS. (C) The Support Services Division has and Deputy Under Secretary on all (i) Office of the Controller. Headed by responsibility for designing, developing, matters relating to mission area budget the Chief Financial Officer, this office administering, and controlling Rural policy. supports the Deputy Administrator for Development’s directives management (2) The Research, Analysis and O&M in executing Rural Development and issuance system, coordinating Rural Information Division analyzes requirements related to compliance with Development’s Regulatory Agenda and information on rural conditions and the the Chief Financial Officers Act of 1990 Regulatory Program submissions to strategies and techniques for promoting and provides leadership, coordination, USDA and OMB, serving as Federal rural development. The division and oversight of all financial Register liaison, and analyzing and performs, or arranges to have management matters and financial coordinating regulatory work plans for conducted, short-term and major execution of the budget for the Rural the Under Secretary. This office submits research studies needed to formulate Development agencies. This office also Paperwork Reduction Act public burden policy. has full responsibility for Rural clearances to OMB, administers all (3) The Reinvention and Capacity Development agencies’ accounting, printing programs, manages Rural Building Division coordinates the financial, reporting, and internal Development travel policies and mission area’s strategic planning controls. The office provides direct programs, and manages Freedom of initiatives, both at the National level oversight to the Headquarters Budget Information Act, Privacy Act and Tort and in the State Offices. The division Division, Financial Management Claims programs. assists the Rural Development agencies Division, and the Office of the Assistant (iii) Office of Information Resources in their implementation of the Controller, located in St. Louis, Management (IRM). Headed by the Chief Government Performance and Results Missouri. Information Officer, this office is Act (GPRA) and special initiatives of the (ii) Office of Assistant Administrator responsible to the Deputy Administrator Administration, USDA, and the Office for Procurement and Administrative for O&M for developing Rural of the Under Secretary. Services. Headed by the Assistant Development’s IRM policies, (4) The Rural Initiatives and Administrator for Procurement and regulations, standards and guidelines. Partnership Division manages the Administrative Services, this office is This office provides overall leadership mission area’s involvement and responsible to the Deputy Administrator and direction to activities assigned to coordination with other Federal and for O&M for overseeing the Procurement the following four major divisions: state departments and agencies to assess Management Division, the Property and (A) The Customer Services Division is rural issues and develop model Supply Management Division, and the responsible for direct customer and partnerships and initiatives to achieve Support Services Division: technical support (hardware and shared rural development goals. The (A) The Procurement Management software). division is responsible for managing the Division is responsible for developing, (B) The Management Services National Rural Development implementing, and interpreting Division coordinates all IRM Partnership and providing support and procurement and contracting policies acquisition, budget, and policy and oversight of 37 State Rural Development for the Rural Development mission area. planning activities in support of Rural Councils. Major functions include planning Development automation. (b) Office of the Deputy Under outreach efforts and goals for small and (C) The Information Technology Secretary for O&M. In accordance with disadvantaged businesses, providing Division provides support technical Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67261 services in the areas of data minority outreach efforts and State Location administration, system integrity administers a public information and management, research and media center responsible for media Iowa ...... Des Moines, IA development, and telecommunications. inquiries, news releases, program Kansas ...... Topeka, KS (D) The Systems Services Division is announcements, media advisories, and Kentucky ...... Lexington, KY responsible for planning, directing, and information retrieval. This office also Louisiana ...... Alexandria, LA controlling activities related to Rural Maine ...... Bangor, ME serves as a liaison with Office of Massachusetts ...... Amherst, MA Development’s Automated Information Congressional Relations (OCR), Office of Michigan ...... East Lansing, MI Systems. the General Counsel (OGC), and other Minnesota ...... St. Paul, MN (iv) Office of the Assistant Departmental units involved in Mississippi ...... Jackson, MS Administrator for Human Resources. Congressional relations and public Missouri ...... Columbia, MO Headed by the Assistant Administrator information. This office drafts Montana ...... Bozeman, MT for Human Resources, this office is testimony, prepares witnesses, and Nebraska ...... Lincoln, NE responsible to the Deputy Administrator provides staff for hearings and markups. Nevada ...... Carson City, NV for O&M for the overall development, In addition, the office briefs New Jersey ...... Mt. Holly, NJ implementation, and management, of New Mexico ...... Albuquerque, NM Congressional members and staff on the New York ...... Syracuse, NY personnel and human resources support Rural Development matters, coordinates services for Rural Development. The North Carolina ...... Raleigh, NC Rural Development’s legislative North Dakota ...... Bismarck, ND office provides direction to the activities with other USDA agencies and Ohio ...... Columbus, OH Headquarters Personnel Services, OMB and develops and implements Oklahoma ...... Stillwater, OK Human Resources Training and Mission legislative strategy. The staff also Oregon ...... Portland, OR Area Personnel Services Division, and coordinates development and Pennsylvania ...... Harrisburg, PA Labor Relations Staff offices. The office production of brochures, press releases, Puerto Rico ...... Hato Rey, PR is also responsible for the establishment and other public information materials. South Carolina ...... Columbia, SC of recruitment, retention, and South Dakota ...... Huron, SD development policies and programs §§ 2003.7Ð2003.9 [Reserved] Tennessee ...... Nashville, TN supporting workforce diversity and Texas ...... Austin, TX affirmative action. § 2003.10 Rural Development State Vermont ...... Montpelier, VT Offices. (2) Office of Civil Rights Staff. Headed Virginia ...... Richmond, VA (a) Headed by State Directors, State Washington ...... Olympia, WA by a staff director, this staff has primary West Virginia ...... Charleston, WV responsibility for providing leadership Offices report directly to the Under Secretary, Rural Development, and are Wisconsin ...... Stevens Point, WI and administration of the Civil Rights Wyoming ...... Casper, WY Program for the Rural Development responsible to the three Rural Development agency Administrators for mission area. The staff conducts on-site §§ 2003.11±2003.13 [Reserved] reviews of borrowers and beneficiaries carrying out agency program operations of Federal financial assistance to ensure at the State level, ensuring adherence to § 2003.14 Field Offices. program plans approved for the State by compliance with Titles VI and VII of the Rural Development field offices report Civil Rights Act of 1964, as amended, the Under Secretary, and rendering staff advisory and manpower support to Area to their respective State Director and Title VIII of the Civil Rights Act of 1968, State Office Program Directors. State as amended, Section 504 of the and Local offices. The Rural Development State Directors, for budget Directors may organizationally structure Rehabilitation Act, the Americans with their offices based on the program Disabilities Act, and prepares and accounting purposes, are housed in the RHS agency. workloads within their respective State. compliance reports. The staff conducts Field offices generally are patterned in and evaluates Title VII compliance (b) Program Directors within the State Office provide oversight and leadership a three or two tier program delivery visits to insure that EEO programs are structure. In a three tier system, Local adequately implemented. In addition, on major program functions. Major program functions include: Single offices report to an Area office, that the office develops, monitors, and reports to the State Office. In a two tier evaluates Affirmative Employment Family and Multi-Family Housing loans system, a ‘‘Local’’ or ‘‘Area’’ office programs for minorities, women and and grants, Community Facility, Water reports to the State Office. Locations persons with disabilities, and and Waste Disposal, Business and and telephone numbers of Area and coordinates and conducts community Cooperative, and the Empowerment Local Offices may be obtained from the outreach activities at historically black Zones and Enterprise Communities (EZ/ appropriate Rural Development State colleges and universities. It also has EC) programs. Office. oversight of special emphasis programs (c) The USDA Rural Development such as the Federal Women’s Program, State Office locations are as follows: §§ 2003.15Ð2003.16 [Reserved] Hispanic Emphasis Program, and Black Emphasis Program. The staff director State Location § 2003.17 Availability of information. reports directly to the Deputy Under Alabama ...... Montgomery, AL Information concerning Rural Secretary for O&M. Alaska ...... Palmer, AK Development programs and agencies (3) Office of Communications. Headed Arizona ...... Phoenix, AZ may be obtained from the Office of by a director who reports directly to the Arkansas ...... Little Rock, AR Communications, Rural Development, Deputy Under Secretary for O&M, this California ...... Woodland, CA U. S. Department of Agriculture, STOP office has primary responsibility for Colorado ...... Lakewood, CO 0705, 1400 Independence Avenue SW., tracking legislation and development Delaware ...... Camden, DE Washington, DC 20250–0705. Florida ...... Gainesville, FL and institution of policies to provide Georgia ...... Athens, GA § 2003.18 Functional organization of RHS. public communication and information Hawaii ...... Hilo, HI services related to the Rural Idaho ...... Boise, ID (a) General. The Secretary established Development. The office maintains a Illinois ...... Champaign, IL RHS pursuant to § 233 of the constituent data base and conducts Indiana ...... Indianapolis, IN Department of Agriculture 67262 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

Reorganization Act of 1994 (7 U.S.C. Family Housing Servicing and Property housing vouchers, and Housing 6943). Management Division, and Single Application Packaging Grants. This (b) Office of the Administrator. Family Housing Centralized Servicing office directs the following two According to 7 CFR 2.49, the Center in St. Louis, Mo. divisions: Administrator has responsibility for (i) Office of Single Family Housing (i) Multi-Family Housing Processing implementing programs aimed at Processing Division. Headed by a Division. Headed by a division director, delivering loans and grant assistance to division director, this division is this division is responsible for the rural Americans and their communities responsible for development and development and nationwide in obtaining adequate and affordable nationwide implementation of policies implementation of policies on housing and community facilities, in on processing Single Family Housing processing Multi-Family Housing accordance with Title V of the Housing direct and guaranteed program loans. In program loans. The division manages Act of 1949 (42 U.S.C. 1471 et seq.) and addition, the division provides direction the following program areas: elderly and the Consolidated Farm and Rural on the following: the Rural Housing family rental housing, Farm Labor Development Act (7 U.S.C. 1921 et seq.). Targeted Area Set-Aside program, Housing loans and grants, outreach (1) Legislative Affairs Staff. The duties debarments, payment assistance, title contacts, congregate facilities, Housing and responsibilities of this staff have clearance and loan closing, site/ Preservation Grants, cooperative now been aligned under the Office of subdivision development, Deferred housing, rural housing vouchers, Communication, headed by a director Mortgage Payment Program; appraisals, Congregate Housing Services who reports directly to the Under construction defects, credit reports, Grants, Rental Assistance, Housing Secretary for O&M. The Office of appraisals, Manufactured Housing, Application Packaging Grants, targeted Communication is responsible for coordinated assessment reviews, Home area and nonprofit set asides, Multi- providing and carrying out legislative, Buyer’s Counseling/Education Program, Family Housing suspensions and public communication, and information and allocation of loan and grant debarments, title clearance and loan services for the Rural Development program funds. closing, allocation and monitoring of mission area. (ii) Office of Single Family Housing loan and grant funds, adverse decisions (2) Office of Program Support Staff. Servicing and Property Management and appeals, commercial credit reports, The Program Support Staff is headed by Division. Headed by a division director, individual credit reports, and, site a staff director who is responsible to the this division is responsible for the development. Administrator for monitoring development and implementation of (ii) Multi-Family Housing Portfolio managerial and technical effectiveness nationwide policies for servicing RHS’s Management Division. Headed by a of RHS programs. The staff coordinates multi-billion dollar portfolio of Single division director, this division is review and analysis of legislation, Family Housing loans, and managing responsible for the development and Executive Orders, OMB circulars, and and selling Single Family Housing institution of policies on the Department regulations for their impact inventory properties. The division also management and servicing of the on Agency programs. The staff develops, conducts state program evaluations, nationwide Multi-Family Housing implements, and reports on identifies program weaknesses, makes programs. The Division implements architectural and environmental recommendations for improvements, current and long range plans for policies, in cooperation with the and identifies corrective actions. servicing Rural Rental Housing loans, Department. Staff responsibilities also (iii) Office of Single Family Housing Labor Housing loans and grants, and include managing RHS’s Hazardous Centralized Servicing Center (CSC)—St. Rental Assistance or similar tenant Waste Management Fund, coordinating Louis, Missouri. Headed by a director, subsidies. the Debarment and Suspension process CSC is responsible for centrally (5) Office of the Deputy for RHS, tracking the use of Program servicing RHS’s multi-billion dollar Administrator, Community Programs. Loan Cost Expense funds, and portfolio of Single Family Housing Headed by the Deputy Administrator, maintaining the RHS Internet ‘‘Home loans. CSC provides interest credit or Community Programs, this office is Page.’’ payment assistance renewals, performs responsible for overseeing the (3) Office of Deputy Administrator, escrow activities for real estate taxes administration and management of Single Family Housing. Headed by the and property hazard insurance, oversees Community Facilities loans and grants Deputy Administrator, Single Family collection of loan payments, and grants to hospitals and nursing homes, police Housing, this office is responsible to the interest credit, payment assistance, and and fire stations, libraries, schools, adult Administrator for the development and moratoria. and child care centers, etc. The office implementation of RHS’s Single Family (4) Office of the Deputy monitors and evaluates the Housing programs, which extend Administrator, Multi-Family Housing administration of loan and grant supervised housing credit to rural Division. Headed by the Deputy programs on a nationwide basis and people of limited resources, for Administrator, Multi-Family Housing, provides guidance and direction for adequate, modest, decent, safe, and this office is responsible for the community programs through two sanitary homes. The office is development and nationwide divisions, Community Programs Loan responsible for administering and implementation of RHS’s Multi-Family Processing Division and Servicing and managing sections 502 and 504 Rural Housing programs, which extend Special Authorities Division. Housing direct and guaranteed loan and supervised housing credit to rural (i) Community Programs Loan grant programs, Rural Housing and Self- residents an opportunity to have decent, Processing Division. Headed by a Help Site loans, the Self-Help Technical safe, and sanitary rental housing. The director, this division is responsible for Assistance grant program, Housing following programs are administered the overall administration, policy Application Packaging and Technical and managed by this office: Section 515 development, fund distribution, and and Supervisory Assistance grants, and Rural Rental Housing, Rural Cooperative processing of Community Facilities Home Improvement and Repaid loans and Congregate Housing Programs, loans and other loan and grant programs and grants. The office directs the Section 521 Rental Assistance, Farm assigned to the Division. following three divisions: Single Family Labor Housing loan and grant programs, (ii) Servicing and Special Authorities Housing Processing Division, Single Housing Preservation Grants, rural Division. Headed by a division director, Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67263 this division is responsible for the assures that accounting policies, responsible for engineering activities overall administration, policy systems, and procedures meet related to the design, construction, and development, and servicing of the regulatory, Departmental, General technical operations and maintenance of Community Facilities loan and grant Accounting Office, OMB, and Treasury power plants; distribution of power; and programs. The division conducts Department requirements; examines transmission systems and facilities, program evaluations, identifies program borrowers’ records and operations, and including load management and weaknesses, makes recommendations reviews expenditures of loans and other communications. The division develops for improvements, and identifies funds; develops audit requirements; and criteria and techniques for evaluating corrective actions. The division also approves Certified Public Accountants the financing and performance of administers and services Nonprofit to perform audits of borrowers. electric borrowers and forecasting National Corporation loans and grants. (iii) Program and Financial Services borrowers’ future power needs; and Staff. Headed by a staff director, this maintains financial expertise on the §§ 2003.19Ð2003.21 [Reserved] staff evaluates the financial conditions distribution and power supply loan § 2003.22 Functional organization of RUS. of troubled borrowers, negotiates program, and retail and wholesale rates. settlements of delinquent loans, and (3) Office of Assistant (a) General. The Secretary established makes recommendations to program Administrator—Telecommunications RUS pursuant to § 232 of the Assistant Administrators on ways to Program. Headed by the Assistant Department of Agriculture improve the financial health of Administrator—Telecommunications Reorganization Act of 1994 (7 U.S.C. borrowers. Program, this office is responsible to the 6942). (2) Office of Assistant Administrator for directing and (b) Office of the Administrator. Administrator—Electric Program. coordinating the National Rural According to 7 CFR 2.47, the Headed by the Assistant Telecommunications, Distance Administrator has responsibility for Administrator—Electric Program, this Learning, and Telemedicine programs of managing and administering the office is responsible to the RUS. The Assistant Administrator, programs and support functions of RUS Administrator for directing and Telecommunications Program, serves as to provide financial and technical coordinating the Rural Electrification Assistant Governor of the RTB and is support for rural infrastructure to program of RUS nationwide. This office responsible for the day-to-day activities include electrification, clean drinking develops, maintains, and implements of the RTB. The office develops, water, telecommunications, and water regulations and program procedures on maintains, and implements regulations disposal systems, pursuant to the processing and approving loans and and program procedures on the Consolidated Farm and Rural loan-related activities for rural electric processing and approval of grants, Development Act, as amended (7 U.S.C. borrowers. The office directs the loans, and loan-related activities for all 1921 et seq.), and the Rural following three divisions: rural telecommunications borrowers Electrification Act of 1936, as amended (i) Electric Regional Divisions. Headed and grant recipients. The office directs (7 U.S.C. 901 et seq.). The office by division directors, these two the following three divisions: develops and implements strategic divisions are responsible for (i) Telecommunications Standards plans concerning the Rural administering the Rural Electrification Division. Headed by a division director, Electrification Act of 1936, as amended. program in specific geographic areas this division is responsible for The Administrator serves as Governor of and serving as the single point of engineering staff activities related to the the Rural Telephone Bank (RTB) with a contact for all distribution borrowers. design, construction, and technical 13-member board of directors, and The divisions provide guidance to operation and maintenance of rural exercises and performs all functions, borrowers on RUS loan policies and telecommunications systems and powers, and duties of the RTB in procedures, maintain oversight of facilities. The office develops accordance with 7 U.S.C. 944. borrower rate actions, and make engineering practices, policies, and (1) Borrower and Program Support recommendations to the Administrator technical data related to borrowers’ Services. Borrower and Program on borrower applications for RUS telecommunications systems; and Support Services consist of the three financing. The divisions also assure that evaluates the application of new following staffs which are responsible to power plant, distribution, and communications network technology, the Administrator for planning and transmission systems and facilities are including distance learning and carrying out a variety of program and designed and constructed in accordance telemedicine, to rural administrative services in support of all with the terms of the loan and proper telecommunications systems. RUS programs, and providing expert engineering practices and specifications. (ii) Advanced Telecommunications advice and coordination for the (ii) Power Supply Division. Headed by Services Staff. Headed by a staff Administrator: a division director, this division is director, this staff primarily serves the (i) Administrative Liaison Staff. responsible for administering the Rural Assistant Administrator, Headed by a staff director, this staff Electrification program responsibilities Telecommunications Program in the advises the Administrator on with regard to power supply borrowers role of the Assistant Governor of the management issues and policies relating nationwide and serves as primary point RTB. The office performs analyses and to human resources, EEO, labor- of contact between RUS and all such makes recommendations to the AAT on management partnership, administrative borrowers. The division develops and issues raised by the RTB Governor, services, travel management, automated maintains a loan processing program for Board of Directors, or RTB borrowers. information systems, and administrative Rural Electrification Act purposes, and This staff maintains official records for budgeting and funds control. develops and administers engineering the RTB Board and prepares minutes of (ii) Program Accounting Services and construction policies related to RTB Board meetings. The staff director Division. Headed by a division director, planning, design, construction, serves as the Assistant Secretary to the this division develops and evaluates the operation, and maintenance for power RTB. The staff performs the calculations accounting systems and procedures of supply borrowers. necessary to determine the cost of Electric, Telecommunications, and (iii) Electric Staff Division. Headed by money rate to RTB borrowers and Water and Wastewater borrowers; a division director, this division is recommends and develops program- 67264 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations wide procedures for loan and grant Agency engineering practices, policies, on the effectiveness of administrative programs. The office is responsible for and technical data related to the and management activities, and the Telecommunications Program’s construction and operation of performs liaison functions between RBS home page on the Internet. community water and waste disposal and the Office of the Deputy Under (iii) Telecommunications Area systems. The staff is responsible for Secretary for O&M on a wide variety of Offices. Headed by area directors, these coordinating environmental policy and administrative functions. four offices are responsible for providing technical support in areas (2) Office of the Deputy administering the Telecommunications, such as: hazardous waste, debarment Administrator, Business Programs. Distance Learning, and Telemedicine and suspension, flood insurance, drug Headed by the Deputy Administrator, programs for specific geographic areas, free workplace requirements, and Business Programs, this office is and serving as the single point of computer program software. responsible to the Administrator for contact for all program applicants and overseeing and coordinating the §§ 2003.23Ð2003.25 [Reserved] borrowers within their respective areas. Business and Industry Guaranteed and The offices provide guidance to § 2003.26 Functional organization of RBS. Direct Loan programs, Intermediary applicants and borrowers on RUS and Relending Program loans, Rural RTB loan policies and procedures, and (a) General. The Secretary established RBS pursuant to § 234 of the Business Enterprise grants, Rural make recommendations to the Business Opportunity grants, Rural Administrator on applications for loans, Department of Agriculture Reorganization Act of 1994 (7 U.S.C. Economic Development loan and grant guarantees, and grants. The offices programs, and the Rural Venture Capital assure that borrower systems and 6944). (b) Office of the Administrator. Demonstration Program. The office facilities are designed and constructed According to 7 CFR 2.48, the participates in policy planning, and in accordance with the terms of the Administrator is responsible for program development and evaluation. It loan, acceptable engineering practices also directs the following three and specifications, and acceptable loan managing and administering the programs and support functions of RBS divisions: security standards. (i) Processing Division. Headed by the (4) Office of the Assistant to provide assistance to disadvantaged division director, this division is Administrator—Water and communities through grants and loans responsible for developing and Environmental Programs. Headed by the and technical assistance to businesses maintaining loan processing regulations, Assistant Administrator, Water and and communities for rural citizens and and directs the processing and approval Environmental Programs, this office is cooperatives, pursuant to the following of guaranteed and direct business and responsible to the Administrator for authorities: the Rural Electrification Act industry loans, and the Rural Venture directing and coordinating a nationwide of 1936, as amended (7 U.S.C. 940c and Water and Waste Disposal Program for 950aa et seq.), the Consolidated Farm Capital Demonstration Program. It RUS as authorized under Section 306 of and Rural Development Act (7 U.S.C. provides technical assistance to field the Consolidated Farm and Rural 1921 et seq.), the Cooperative Marketing employees and borrowers on loan Development Act, as amended (7 U.S.C. Act of 1926 (7 U.S.C. 451–457), the processing and develops approval 1926). The office oversees Agricultural Marketing Act of 1946 (7 criteria and performance standards for administration of RUS policies on U.S.C. 1621–1627), and the Food loans. The division recommends plans, making and servicing loans and grants Security Act of 1985 (7 U.S.C. 1932). programs, and activities related to for water and waste facilities in rural These grants, loans, and technical business loan programs and provides America, and the development of assistance improve community welfare environmental guidance and support. engineering policies, and practices by enhancing organizational and (ii) Servicing Division. Headed by the related to the construction and management skills, developing effective division director, this office is operation of community water and economic strategies, and expanding responsible for developing and waste disposal systems. This office is markets for a wide range of rural maintaining servicing regulations. It responsible for development and products and services. directs and provides technical coordination of environmental programs (1) Resources Coordination Staff. assistance to field employees and with regard to the Water and Waste Headed by the staff director, this staff is borrowers on servicing business loans Disposal Program and directs the responsible to the Administrator for and grants. The division reviews large, following two divisions: preparing legislative initiatives and complex, or potentially controversial (i) Water Programs Division. Headed modifications for program loan and grant dockets related to loan by the division director, this division is enhancement. The staff monitors servicing and recommends servicing responsible for administering the Water legislative and regulatory proposals that plans, programs, and activities related to and Waste Disposal loan and grant potentially impact RBS functions. The business loan and grant programs. making and servicing and special staff serves as liaison on budgetary and (iii) Specialty Lenders Division. authorities activities nationwide. This financial management matters between Headed by the division director, this office also makes allocation of loan and RBS staff and the Office of the office is responsible for directing and grant funds to field offices and manages Controller, and assists the Administrator developing and maintaining regulations National Office reserves. in presenting and supporting RBS’s concerning the processing and approval (ii) Engineering and Environmental budget and program plans. The staff also of Intermediary Relending loans, Rural Staff. Headed by a staff director, this advises the Administrator and RBS Business Enterprise grants, Rural staff is responsible for engineering officials on management issues and Business Opportunity grants, and Rural activities at all stages of program policies related to: human resources, Economic Development loan and grant implementation, including: review of labor relations, civil rights, EEO, space, programs. The division provides preliminary engineering plans and equipment, travel, Senior Executive technical assistance to field employees specifications, procurement practices, Service and Schedule C activities, and borrowers on loan and grant contract awards, construction contracting, automated information processing and other activities. It also monitoring, and system operation and systems, and accounting. The staff develops approval criteria and maintenance. The staff also develops provides analysis and recommendations performance standards and recommends Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67265 plans, programs, and activities related to improve their use of resources, financial support to communities with high levels business loan and grant programs. policies, and ability to adapt to market of need. (3) Office of the Deputy conditions. The division conducts (5) Alternative Agricultural Research Administrator, Cooperative Services research and analysis of policy, and Commercialization Corporation. Programs. Headed by the Deputy taxation, Federal laws, State statutes, Headed by a director, this Corporation Administrator, Cooperative Services and common laws that apply to is responsible for providing and Programs, this office is responsible to cooperative incorporation, structure, monitoring financial assistance for the the Administrator for providing service and operation to assist cooperatives in development and commercialization of to cooperative associations by meeting legal requirements. new nonfood and nonfeed products administering a program of research and (4) Office of the Deputy from agricultural and forestry analysis of economic, social, legal, Administrator, Community commodities in accordance with 7 financial, and other related issues Development. Headed by the Deputy U.S.C. 5901 et seq. The Corporation acts concerning cooperatives. The office Administrator, Community as a catalyst in forming private and administers programs to assist Development, this office is responsible public partnerships and promotes new cooperatives in the organization and to the Under Secretary, Rural uses of agricultural materials. It expands management of their associations and a Development, for coordinating and market opportunities for U.S. farmers program for economic research and overseeing all functions in the through development of value-added analysis of the marketing aspects of Community Outreach and cooperatives. The division administers industrial products and promotes Empowerment Program areas. The office environmentally friendly products. For and monitors activities of the National assists in providing leadership and Sheep Industry Improvement Center budget and accounting purposes, this coordination to National and local rural office is assigned to RBS. The director and the Appropriate Technology economic and community development Transfer to Rural Areas Program, and of the Corporation is responsible to the efforts. For appropriation and Office of the Secretary. the Rural Cooperative Development accounting purposes, this office is Grant Program. The office directs the located under RBS. The office directs §§ 2003.27Ð2003.50 [Reserved] following three divisions: the following two divisions: (i) Cooperative Marketing Division. Dated: November 26, 1997. (i) Empowerment Program Division. Headed by the division director, this Jill Long Thompson, Headed by the division director, this division is responsible for participating Under Secretary, Rural Development. in the formulation of National policies division is responsible for formulating policies and developing plans, [FR Doc. 97–33588 Filed 12–23–97; 8:45 am] and procedures on cooperative BILLING CODE 3410±XT±U marketing. The division conducts standards, procedures, and schedules research and analysis and gives for accomplishing RBS activities related technical assistance to farmer to ‘‘community empowerment programs’’, including EZ/EC, cooperatives on cooperative marketing DEPARTMENT OF TRANSPORTATION of certain crops, livestock, aquaculture, AmeriCorps, and other initiatives. The forestry, poultry, semen, milk, and dairy office develops informational materials Federal Aviation Administration products to improve their market and provides technical advice and performance and economic position. services to support States on community 14 CFR Part 71 (ii) Cooperative Development empowerment programs. It also generates information about rural Division. Headed by the division [Airspace Docket No. 97±ASO±22] director, this division is responsible for conditions and strategies and participating in the formulation of techniques for promoting rural Establishment of a Class D Airspace; National policies and procedures on economic development for community Hickory, NC cooperative development. The office empowerment programs. conducts evaluations and analysis of (ii) Community Outreach Division. AGENCY: Federal Aviation proposed new cooperatives to develop Headed by the division director, this Administration (FAA), DOT. plans for implementing feasible division is responsible for designing and ACTION: operations, and advises and assists rural overseeing overall systems and Final rule. resident groups and developing developing resources to support State cooperatives in implementing sound and community level implementation SUMMARY: This amendment establishes business plans for new cooperatives. It activities for RBS programs. The office Class D airspace area at Hickory, NC. A provides research, analysis, and designs program delivery systems and non-federal control tower has opened at technical assistance to rural residents on tools, removes impediments to effective Hickory Regional Airport, Hickory, NC. cooperative development initiatives and community-level action, supports field Class D surface area airspace is required strategies to improve economic offices with specialized skills, and when the control tower is open to conditions through cooperative efforts. establishes partnerships with National accommodate current Standard (iii) Cooperative Resource organizations with grass-roots Instrument Approach Procedures (SIAP) Management Division. Headed by the membership to assure that programs and and for Instrument Flight Rules (IFR) division director, this division is initiatives are designed and operations at the airport. responsible for participating in the implemented in a way that empowers EFFECTIVE DATE: 0901 UTC, February 26, formulating of National policies and communities. It develops methods for 1998. procedures on cooperative resource working with rural business management. The division conducts intermediaries to assist them in FOR FURTHER INFORMATION CONTACT: research and analysis and gives providing technical assistance to new, Nancy B. Shelton, Airspace Branch, Air technical assistance to cooperatives on small business, and provides Internet- Traffic Division, Federal Aviation their overall structure, strategic based services to 1890 Land-grant Administration, P.O. Box 20636, management and planning, financial universities, EZ/EC, and AmeriCorps Atlanta, Georgia 30320; telephone (404) issues, and operational characteristics to volunteers, linking RBS information 305–5586. 67266 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION: PART 71ÐDESIGNATION OF CLASS A, (IFR) operations at Cincinnati-Blue Ash Airport. History CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; EFFECTIVE DATE: 0901 UTC, February 26, On October 17, 1997, the FAA AIRWAYS; ROUTES; AND REPORTING 1998. POINTS proposed to amend 14 CFR part 71 by FOR FURTHER INFORMATION CONTACT: establishing Class D airspace at Hickory, 1. The authority citation for 14 CFR Nancy B. Shelton, Airspace Branch, Air NC (62 FR 53979). This action would part 71 continues to read as follows: Traffic Division, Federal Aviation provide Class D airspace for IFR Administration, P.O. Box 20636, operations at Hickory Regional Airport. Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Atlanta, Georgia 30320; telephone (404) Class D surface area airspace 1963 Comp., p. 389. 305–5586. designations are published in Paragraph 5000 of FAA Order 7400.9E, dated § 71.1 [Amended] SUPPLEMENTARY INFORMATION: September 10, 1997, and effective 2. The incorporation by reference in History September 16, 1997, which is 14 CFR 71.1 of Federal Aviation On October 23, 1997, the FAA incorporated by reference in 14 CFR Administration Order 7400.9E, Airspace proposed to amend 14 CFR part 71 by part 71.1. The Class D airspace Designations and Reporting Points, amending the Class E airspace at designation listed in this document will dated September 10, 1997, and effective Covington, KY (62 FR 55814). This be published subsequently in the Order. September 16, 1997, is amended as follows: action would provide adequate Class E Interested parties were invited to airspace for IFR operations at participate in this rulemaking Paragraph 5000 Class D airspace. Cincinnati-Blue Ash Airport. proceeding by submitting written * * * * * Designations for Class E airspace comments on the proposal to the FAA. ASO NC D Hickory, NC [New] extending upward from 700 feet or more No comments objecting to the proposal above the surface of the earth are were received. Hickory Regional Airport, NC published in Paragraph 6005 of FAA (Lat. 35°44′28′′ N, long. 81°23′22′′ W) Order 7400.9E, dated September 10, The Rule That airspace extending upward from the 1997, and effective September 16, 1997, surface to and including 3700 feet MSL This amendment to 14 CFR part 71 within a 4.1-mile radius of Hickory Regional which is incorporated by reference in 14 establishes Class D airspace at Hickory, Airport. This Class D airspace is effective CFR part 71.1. The Class E airspace NC. A non-federal control tower has during the specific days and times designation listed in this document will opened at Hickory Regional Airport, established in advance by a Notice to published subsequently in the Order. Hickory, NC. Class D surface area Airmen. The effective days and times will Interested parties were invited to thereafter be continuously published in the participate in this rulemking proceeding airspace is required when the control Airport/Facility Directory. tower is open to accommodate current by submitting written comments on the * * * * * proposal to the FAA. No comments SIAPs and for IFR operations at the Issued in College Park, Georgia, on objecting to the proposal were received. airport. December 1, 1997. The FAA has determined that this Nancy B. Shelton, The Rule regulation only involves an established Acting Manager, Air Traffic Division, This amendment to 14 CFR part 71 body of technical regulations for which Southern Region. modifies Class E airspace at Covington, frequent and routine amendments are [FR Doc. 97–33619 Filed 12–23–97; 8:45 am] KY. A GPS RWY 24 SIAP has been necessary to keep them operationally BILLING CODE 4910±13±M developed for Cincinnati-Blue Ash current. It, therefore, (1) is not a Airport. Additional controlled airspace ‘‘significant regulatory action’’ under extending upward from 700 feet AGL is Executive Order 12866; (2) is not a DEPARTMENT OF TRANSPORTATION needed to accommodate this SIAP and ‘‘significant rule’’ under DOT for IFR operations at Cincinnati-Blue Regulatory Policies and Procedures (44 Federal Aviation Administration Ash Airport. FR 11034; February 26, 1979); and (3) 14 CFR Part 71 The FAA has determined that this does not warrant preparation of a regulation only involves an established Regulatory Evaluation as the anticipated [Airspace Docket No. 97±ASO±20] body of technical regulations for which impact is so minimal. Since this is a frequent and routine amendments are Amendment of Class E Airspace; necessary to keep them operationally routine matter that will only affect air Covington, KY traffic procedures and air navigation, it current. It, therefore, (1) is not a is certified that this rule will not have AGENCY: Federal Aviation ‘‘significant regulatory action’’ under a significant economic impact on a Administration (FAA), DOT. Executive Order 12866; (2) is not a substantial number of small entities ACTION: Final rule. ‘‘significant rule’’ under DOT under the criteria of the Regulatory Regulatory Policies and Procedures (44 Flexibility Act. SUMMARY: This amendment modifies the FR 11034; February 26, 1979); and (3) Class E Airspace area at Covington, KY does not warrant preparation of a List of Subjects in 14 CFR Part 71 A Global Positioning System (GPS) Regulatory Evaluation as the anticipated Runway (RWY) 24 Standard Instrument impact is so minimal. Since this is a Airspace, Incorporation by reference, Approach Procedure (SIAP) has been routine matter that will only affect air Navigation (air). developed for Cincinnati-Blue Ash traffic procedures and air navigation, it Adoption of the Amendment Airport. As a result, additional is certified that this rule will not have controlled airspace extending upward a significant economic impact on a In consideration of the foregoing, the from 700 feet Above Ground Level substantial number of small entities Federal Aviation Administration (AGL) is needed to accommodate the under the criteria of the Regulatory amends 14 CFR part 71 as follows: SIAP and for Instrument Flight Rules Flexibility Act. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67267

List of Subjects in 14 CFR Part 71 DEPARTMENT OF TRANSPORTATION controlled airspace extending upward from 700 fee AGL is needed to Airspace, Incorporation by reference, Federal Aviation Administration accommodate this SIAP and for IFR Navigation (air). operations at Birmingham International 14 CFR Part 71 Adoption of the Amendment Airport. [Airspace Docket No. 97±ASO±15] The FAA has determined that this In consideration of the foregoing, the regulation only involves an established Federal Aviation Administration Amendment of Class E Airspace; body of technical regulations for which amends 14 CFR part 71 as follows: Birmingham, AL frequent and routine amendments are necessary to keep them operationally AGENCY: Federal Aviation PART 71ÐDESIGNATION OF CLASS A, current. It, therefore, (1) is not a Administration (FAA), DOT. CLASS B, CLASS C, CLASS D, AND ‘‘significant regulatory action’’ under CLASS E AIRSPACE AREAS; ACTION: Final rule. Executive Order 12866; (2) is not a AIRWAYS; ROUTES; AND REPORTING ‘‘significant rule’’ under DOT POINTS. SUMMARY: This amendment modifies the Class E airspace area at Birmingham, Regulatory Policies and Procedures (44 AL. A Global Positioning System (GPS) FR 11034; February 26, 1979); and (3) 1. The authority citation for 14 CFR does not warrant preparation of a part 71 continues to read as follows: Runway (RWY) 23 Standard Instrument Approach Procedure (SIAP) has been Regulatory Evaluation as the anticipated Authority: 49 U.S.C. 106(g), 40103, 40113, developed for Birmingham International impact is so minimal. Since this is a 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Airport. As a result, additional routine matter that will only affect air 1963 Comp., p. 389. controlled airspace extending upward traffic procedures and air navigation, it is certified that this rule will not have § 71.1 [Amended] from 700 feet Above Ground Level (AGL) is needed to accommodate the a significant economic impact on a 2. The incorporation by reference in SIAP and for Instrument Flight Rules substantial number of small entities 14 CFR 71.1 of Federal Aviation (IFR) operations at Birmingham under the criteria of the Regulatory Administration Order 7400.9E, Airspace International Airport. Flexibility Act. Designations and Reporting Points, EFFECTIVE DATE: 0901 UTC, February 26, List of Subjects in 14 CFR Part 71 dated September 10, 1997, and effective 1998. September 16, 1997, is amended as Airspace, Incorporation by reference, FOR FURTHER INFORMATION CONTACT: follows: Navigation (air). Nancy B. Shelton, Airspace Branch, Air Paragraph 6005 Class E airspace areas Traffic Division, Federal Aviation Adoption of the Amendment extending upward from 700 feet or more Administration, P.O. Box 20636, In consideration of the foregoing, the above the surface of the earth. Atlanta, Georgia 30320; telephone (404) Federal Aviation Administration * * * * * 305–5586. amends 14 CFR part 71 as follows: ASO KY E5 Covington, KY [Revised] SUPPLEMENTARY INFORMATION: PART 71ÐDESIGNATION OF CLASS A, Covington, Cincinnati/Northern Kentucky History International Airport, KY CLASS B, CLASS C, CLASS D, AND (Lat. 39°02′46′′ N, long. 84°39′44′′ W) On October 17, 1997, the FAA CLASS E AIRSPACE AREAS; Cincinnati Municipal Airport-Lunken Field proposed to amend 14 CFR part 71 by AIRWAYS; ROUTES; AND REPORTING (Lat. 39°06′12′′ N, long. 84°25′07′′ W) amending the Class E airspace at POINTS Cincinnati NDB Birmingham, AL (62 FR 53984). This 1. The authority citation for 14 CFR (Lat. 39°09′33′′ N, long. 84°20′32′′ W) action would provide adequate Class E part 71 continues to read as follows: Clermont County Airport, Batavia, OH airspace for IFR operations at (Lat. 39°04′42′′ N, long. 84°12′37′′ W) Birmingham International Airport. Authority: 49 U.S.C. 106(g), 40103, 40113, Cincinnati-Blue Ash Airport, OH Designations for Class E airspace 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– (Lat. 39°14′48′′ N, long. 84°23′20′′ W) extending upward from 700 feet or more 1963 comp., p. 389. above the surface of the earth are That airspace extending upward from 700 § 71.1 [Amended] feet above the surface within a 10-mile radius published in Paragraph 6005 of FAA of Cincinnati/Northern Kentucky Order 7400.9E, dated September 10, 2. The incorporation by reference in International Airport, and within a 10.5-mile 1997, and effective September 16, 1997, 14 CFR 71.1 of Federal Aviation radius of Cincinnati Airport-Lunken Field which is incorporated by reference in 14 Administration Order 7400.9E, Airspace and within 2.6 miles each side of the 044° CFR part 71.1. The Class E airspace Designations and Reporting Points, bearing from Cincinnati NDB and extending designation listed in this document will dated September 10, 1997, and effective from the 105-mile radius to 7.4 miles be published subsequently in the Order. September 16, 1997, is amended as northeast of the NDB, and within a 6.8-mile Interested parties were invited to follows: radius of Clermont County Airport, Batavia, participate in this rulemaking Paragraph 6005 Class E Airspace areas OH, and within a 6.3-mile radius of proceeding by submitting written extending upward from 700 feet or more Cincinnati-Blue Ash Airport, OH. comments on the proposal to the FAA. above the surface of the earth. * * * * * No comments objecting to the proposal * * * * * were received. Issued in College Park, Georgia, on ASO FL E5 Birmingham, AL [Revised] December 2, 1997. The Rule Birmingham International Airport, AL Nancy B. Shelton, This amendment to 14 CFR part 71 Lat. 33°33′47′′ N, long. 86°45′24′′ W) Acting Manager, Air Traffic Division, modifies Class E airspace at That airspace extending upward from 700 Southern Region. Birmingham, AL. A GPS RWY 23 SIAP feet above the surface within a 10-mile radius [FR Doc. 97–33618 Filed 12–23–97; 8:45 am] has been developed for Birmingham of Birmingham International Airport. BILLING CODE 4910±13±M International Airport. Additional * * * * * 67268 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

Issued in College Park, Georgia, on hours’’ of 0700–1900 local time, FR 11034; February 26, 1979); and (3) December 2, 1997. provided a NOTAM is issued the does not warrant preparation of a Nancy B. Shelton, required 6 hours in advance. The regulatory evaluation as the anticipated Acting Manager, Air Traffic Division, current published times, however, do impact is so minimal. Since this is a Southern Region. not adequately reflect the actual night routine matter that will only affect air [FR Doc. 97–33620 Filed 12–23–97; 8:45 am] flying mission of the USAF 347th Wing. traffic procedures and air navigation, it BILLING CODE 4910±13±M This change is intended to better is certified that this rule will not have accommodate the Wing’s actual night a significant economic impact on a flying requirements. No increase in the substantial number of small entities DEPARTMENT OF TRANSPORTATION use of the range is anticipated. under the criteria of the Regulatory Therefore, the purpose of this rule is to Flexibility Act. Federal Aviation Administration amend the time of designation to more Section 73.30 of 14 CFR part 73 was accurately indicate to the flying public 14 CFR Part 73 republished in FAA Order 7400.8E, the actual use of the restricted areas. A dated November 7, 1997. [Airspace Docket No. 96±ASO±5] NOTAM will still be required in order to activate the restricted areas between Environmental Review RIN 2120±AA66 the hours of 2200 and 0700 local time. The USAF prepared an Despite this change, the restricted Environmental Assessment (EA) and an Amendment to Time of Designation for areas will continue to be operated on a Environmental Impact Statement (EIS) Restricted Areas; GA real-time, joint-use basis with the of the composite wing beddown at airspace being returned to the AGENCY: Federal Aviation Moody AFB, Georgia. The EA and EIS controlling agency (Valdosta Approach Administration (FAA), DOT. studied the impact of aircraft operations Control) and available for access by ACTION: Final rule. during both day (0700–2200) and night nonparticipating aircraft during periods (2200–0700) time frames, including the SUMMARY: This action amends the time when the restricted areas are not needed by the using agency. use of R–3008A, R–3008B, R–3008C, of designation for Restricted Areas R– and R–3008D. The USAF’s record of 3008A, R–3008B, R–3008C, and R– The Rule decision to base the composite wing at 3008D, Grand Bay Weapons Range, GA, Moody AFB took into account the use by expanding the time frame during This amendment to part 73 changes the core hours of designation for of R–3008 between 1900 and 2200, and which the areas may be activated concluded that use of the restricted without prior issuance of a Notice to Restricted Areas R–3008A, R–3008B, R– 3008C, and R–3008D from 0700–1900 areas during this time frame did not Airmen (NOTAM). The United States constitute a significant impact. The Air Force (USAF) requested this local time, Monday–Friday to 0700– 2200 local time, Monday–Friday. The utilization figures for this amendment amendment to reflect its actual night are the same as those used in the EIS for flying requirements. action expands, by three hours daily, the ‘‘core hours’’ during which the the beddown. Based on the results of the EFFECTIVE DATE: 0901 UTC, February 26, restricted areas may be activated EA and EIS accomplished for the 1998. without prior issuance of a NOTAM. As composite wing beddown, the USAF FOR FURTHER INFORMATION CONTACT: Paul amended, a NOTAM will no longer be determined that this amendment to the Gallant, Airspace and Rules Division, required for activation of the restricted restricted area time of designation ATA–400, Office of Air Traffic Airspace areas between 1900 and 2200 local time. qualifies for a categorical exclusion. The Management, Federal Aviation The using agency currently has the FAA has reviewed the USAF’s Administration, 800 Independence option of activating the restricted areas environmental documentation and Avenue, SW., Washington, DC 20591; between 1900 and 0700 local time concludes that this action is telephone (202) 267–8783. provided a NOTAM is issued the categorically excluded in accordance SUPPLEMENTARY INFORMATION: required 6 hours in advance. However, with FAA Order 1050.1D and the FAA/ the 347th Wing’s night flying missions DOD Memorandum of Understanding of Background using R–3008 routinely extend past 1989 regarding Special Use Airspace On August 30, 1996, the FAA 1900 local time, but are normally actions. proposed to amend 14 CFR part 73 (part terminated by 2200 local time. This List of Subjects in 14 CFR Part 73 73) to change the core hours of requires the daily issuance of NOTAM’s designation for Restricted Areas R– to permit activation of the areas between Airspace, Navigation (air). 3008A, R–3008B, R–3008C, and R– 1900 and 2200. This amendment of the Adoption of the Amendment 3008D, Grand Bay Weapons Range, GA, time of designation will provide better from 0700–1900 local time, Monday– notice to the flying public of the routine In consideration of the foregoing, the Friday to 0700–2200 local time, times of use of the restricted areas. A Federal Aviation Administration Monday–Friday (61 FR 45920). NOTAM will still be required prior to amends 14 CFR part 73, as follows: Interested parties were invited to any usage between 2200 and 0700 local participate in this rulemaking effort by time. PART 73ÐSPECIAL USE AIRSPACE submitting written comments on the The FAA has determined that this proposal. Two comments were received regulation only involves an established 1. The authority citation for part 73 by the FAA, both objecting to the body of technical regulations for which continues to read as follows: proposal on the grounds that the change frequent and routine amendments are Authority: 49 U.S.C. 106(g), 40103, 40113, would constitute an expansion of necessary to keep them operationally 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– military operations and a reduction of current. Therefore, this regulation: (1) is 1963 Comp., p. 389. access for civil airspace users. not a ‘‘significant regulatory action’’ § 73.30 [Amended] Currently, the using agency has the under Executive Order 12866; (2) is not option of activating the restricted areas a ‘‘significant rule’’ under DOT 2. § 73.30 is amended as follows: at any time outside the existing ‘‘core Regulatory Policies and Procedures (44 * * * * * Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67269

R–3008A Grand Bay Weapons Range, GA FOR FURTHER INFORMATION CONTACT: Paul Since this action simply redefines [Amended] Gallant, Airspace and Rules Division, existing restricted area airspace, and By removing ‘‘Time of designation. 0700– ATA–400, Office of Air Traffic Airspace does not involve a change in the overall 1900 local time, Monday–Friday; other times Management, Federal Aviation dimensions or operating requirements of by NOTAM 6 hours in advance,’’ and Administration, 800 Independence that airspace, the FAA finds that notice inserting ‘‘Time of designation. 0700–2200 Avenue, SW., Washington, DC 20591; and public procedure under 5 U.S.C. local time, Monday–Friday; other times by telephone (202) 267–8783. 553(b) are unnecessary. NOTAM 6 hours in advance.’’ Section 73.29 of 14 CFR part 73 was SUPPLEMENTARY INFORMATION: R–3008B Grand Bay Weapons Range, GA republished in FAA Order 7400.8E, [Amended] Background dated November 7, 1997. By removing ‘‘Time of designation. 0700– Environmental Review 1900 local time, Monday–Friday; other times Restricted Area R–2931 was by NOTAM 6 hours in advance,’’ and established on January 19, 1984, to This action is a minor administrative inserting ‘‘Time of designation. 0700–2200 contain a tethered aerostat balloon change that redefines existing restricted local time, Monday–Friday; other times by which was installed to enhance air airspace. Since R–2931 is totally NOTAM 6 hours in advance.’’ defense surveillance and warning. In imbedded within airspace already R–3008C Grand Bay Weapons Range, GA order to lessen the burden to the flying designated as restricted, there is no [Amended] public, R–2931 was established entirely change to either the amount of restricted By removing ‘‘Time of designation. 0700– within two existing restricted areas, R– airspace or to any air traffic control 1900 local time, Monday–Friday; other times 2924 and R–2925. Effective May 5, 1988, procedures or routes as a result of this by NOTAM 6 hours in advance,’’ and Restricted Areas R–2924 and R–2925 action. inserting ‘‘Time of designation. 0700–2200 were redesignated as R–2932 and R– Therefore, this action is not subject to local time, Monday–Friday; other times by 2933 as part of an effort to reconfigure environmental assessments and NOTAM 6 hours in advance.’’ and simplify the Cape Canaveral procedures under FAA Order 1050.1D, R–3008D Grand Bay Weapons Range, GA restricted airspace complex (53 FR 6796; ‘‘Policies and Procedures for [Amended] March 3, 1988). The U.S. Air Force has Considering Environmental Impacts,’’ By removing ‘‘Time of designation. 0700– notified the FAA that the aerostat and the National Environmental Policy 1900 local time, Monday–Friday; other times operation has now been terminated at Act of 1969. by NOTAM 6 hours in advance,’’ and this location and that, consequently, R– inserting ‘‘Time of designation. 0700–2200 2931 is no longer required for that List of Subjects in 14 CFR Part 73 local time, Monday–Friday; other times by purpose. The airspace of R–2931 will be Airspace, Navigation (air). NOTAM 6 hours in advance.’’ reincorporated into the existing Adoption of the Amendment * * * * * Restricted Areas R–2932 and R–2933. Issued in Washington, DC, on December 4, In consideration of the foregoing, the 1997. The Rule Federal Aviation Administration Reginald C. Matthews, This amendment to 14 CFR part 73 amends 14 CFR part 73, as follows: Acting Program Director for Air Traffic (part 73) revokes Restricted Area R– PART 73ÐSPECIAL USE AIRSPACE Airspace Management. 2931, and modifies R–2932 and R–2933 [FR Doc. 97–33617 Filed 12–23–97; 8:45 am] to absorb R–2931. In addition, this 1. The authority citation for part 73 BILLING CODE 4910±13±P amendment corrects a minor error in continues to read as follows: one of the R–2932 boundary Authority: 49 U.S.C. 106(g), 40103, 40113, coordinates. Although R–2932 and R– DEPARTMENT OF TRANSPORTATION 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 2933 were established with coincident 1963 Comp., p. 389. boundaries, one coordinate in the R– Federal Aviation Administration 2932 description differs by one second § 73.29 [Amended] 14 CFR Part 73 of longitude from the same coordinate 2. § 73.29 is amended as follows: in R–2933. This error occurred when the * * * * * [Airspace Docket No. 97±ASO±8] FAA converted all positional data used R–2931 Cape Canaveral, FL [Removed] in the National Airspace System from RIN 2120±AA66 North American Datum (NAD) 27 to R–2932 Cape Canaveral, FL [Amended] NAD 83 (57 FR 201). During the ° ′ ′′ Revocation and Modification of By removing ‘‘long. 80 35 00 W.;’’ and conversion process, the required adding ‘‘long. 80°34′59′′W.;’’ in its place; and Restricted Areas; FL correction factor was inadvertently not by removing the words, ‘‘excluding the area AGENCY: Federal Aviation applied to that one position. within a 2-statute-mile radius circle centered at lat. 28°27′55′′N., long. 80°32′06′′W.’’ Administration (FAA), DOT. The FAA has determined that this ACTION: Final rule. regulation only involves an established R–2933 Cape Canaveral, FL [Amended] body of technical regulations for which By removing the words, ‘‘excluding the SUMMARY: This action revokes Restricted frequent and routine amendments are area within a 2-statute-mile radius circle Area R–2931, Cape Canaveral, FL, and necessary to keep them operationally centered at lat. 28°27′55′′N., long. ° ′ ′′ modifies Restricted Areas R–2932 and current. Therefore, this regulation: (1) Is 80 32 06 W.’’ R–2933 to absorb R–2931. The FAA is not a ‘‘significant regulatory action’’ * * * * * taking this action in response to a under Executive Order 12866; (2) is not Issued in Washington, DC, on December 9, written notification from the U.S. Air a ‘‘significant rule’’ under DOT 1997. Force that R–2931 is no longer Regulatory policies and Procedures (44 Reginald C. Matthews, necessary to support an Air Force FR 11034, February 26, 1979); and (3) Acting Program Director for Air Traffic mission requirement. does not warrant preparation of a Airspace Management. EFFECTIVE DATE: 0901 UTC, February 26, regulatory evaluation as the anticipated [FR Doc. 97–33622 Filed 12–23–97; 8:45 am] 1998. impact is so minimal. BILLING CODE 4910±13±P 67270 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

DEPARTMENT OF HEALTH AND designated to serve in such position in Program Operations, Office of HUMAN SERVICES an acting capacity or on a temporary Compliance, CDRH. basis. * * * * * Food and Drug Administration List of Subjects in 21 CFR Part 5 4. Section 5.25 is amended by revising 21 CFR Part 5 paragraphs (a)(2) and (b) to read as Authority delegations (Government follows: agencies), Imports, Organization and Delegations of Authority and functions (Government agencies). Organization; Center for Devices and § 5.25 Research, investigation, and testing Therefore, under the Federal Food, Radiological Health programs and health information and health Drug, and Cosmetic Act and under promotion programs. AGENCY: Food and Drug Administration, authority delegated to the Commissioner (a) * * * HHS. of Food and Drugs, 21 CFR part 5 is (2) The Director and Deputy Directors, ACTION: Final rule. amended as follows: Center for Devices and Radiological Health (CDRH). SUMMARY: The Food and Drug PART 5ÐDELEGATIONS OF * * * * * Administration (FDA) is amending the AUTHORITY AND ORGANIZATION regulations for delegations of authority (b) The Director and Deputy Directors, relating to functions performed by the 1. The authority citation for 21 CFR CDRH, are authorized to establish an Center for Devices and Radiological part 5 continues to read as follows: electronic product radiation control program and to approve grants for Health (CDRH). This amendment Authority: 5 U.S.C. 504, 552, App. 2; 7 updates the titles of CDRH delegates and U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, conducting the program under section organizational components to reflect the 3701–3711a; 15 U.S.C. 1451–1461; 21 U.S.C. 356 of the act. organizational restructuring and also 41–50, 61–63, 141–149, 321–394, 467f, * * * * * publishes delegations of authority to 679(b), 801–886, 1031–1309; 35 U.S.C. 156; 5. Section 5.26 is amended by revising additional positions within CDRH. This 42 U.S.C. 241, 242, 242a, 242l, 242n, 243, paragraph (c) to read as follows: action is intended to ensure the 262, 263, 264, 265, 300u–300u–5, 300aa–1; 1395y, 3246b, 4332, 4831(a), 10007–10008; accuracy and consistency of the § 5.26 Service fellowships. E.O. 11921, 41 FR 24294, 3 CFR, 1977 Comp., regulations. p. 124–131; E.O. 12591, 52 FR 13414, 3 CFR, * * * * * EFFECTIVE DATE: December 24, 1997. 1988 Comp., p. 220–223 (c) The Director and Deputy FOR FURTHER INFORMATION CONTACT: 2. Section 5.22 is amended by revising Directors, Center for Devices and Debra A. Baclawski, Center for paragraphs (a)(10)(i), (a)(10)(ii), Radiological Health (CDRH), and the Devices and Radiological Health (a)(10)(iv), and (a)(10)(v) to read as Director, Office of Systems and (HFZ–026), Food and Drug follows: Management, CDRH. Administration, 1350 Piccard Dr., * * * * * Rockville, MD 20850, 301– 443– § 5.22 Certification of true copies and use 6. Section 5.28 is revised to read as 1060, or of Department seal. follows: Donna G. Page, Division of (a) * * * Management Systems and Policy (10)(i) The Director and Deputy § 5.28 Cardiac pacemaker devices and (HFA–340), Food and Drug Directors, Center for Devices and pacemaker leads. Administration, 5600 Fishers Lane, Radiological Health (CDRH). The Director and Deputy Directors, Rockville, MD 20857, 301–827– (ii) The Associate Director and Deputy Center for Devices and Radiological 4816. Associate Director for Management and Health (CDRH), are authorized to SUPPLEMENTARY INFORMATION: CDRH has Systems, CDRH. perform all the functions of the undergone an organizational * * * * * Commissioner of Food and Drugs with restructuring (58 FR 35959, July 2, (iv) For medical devices assigned to regard to a registry of all cardiac 1993), which was approved by the their respective divisions, the Division pacemaker devices and pacemaker leads Commissioner of Food and Drugs. The Directors, Office of Compliance, CDRH. for which payment was made under the authorities delegated to the CDRH (v) Freedom of Information Officers, Social Security Act (42 U.S.C. officials are amended in this document CDRH. 1395y(h)(l),(2)(A), and (3)), as amended. to reflect new titles and organization * * * * * 7. Section 5.30 is amended by revising placement under the restructuring and 3. Section 5.23 is amended by revising paragraphs (b) and (c)(4) to read as also it publishes delegations of authority follows: to additional positions within the paragraphs (c)(1) through (c)(4) to read as follows: center. § 5.30 Hearings. The most significant changes are: (1) The establishment of a second Deputy § 5.23 Disclosure of official records. * * * * * Director in the Office of the Director, * * * * * (b) The Director and Deputy Directors, CDRH, and in the Office of Device (c) * * * CDRH, are authorized to hold hearings, Evaluation; (2) the reorganization and (1) The Director and Deputy Directors, and to designate other officials to hold retitling of the Office of Compliance and Center for Devices and Radiological informal hearings, under section 360(a) Surveillance to the Office of Health (CDRH). of the Public Health Service Act. Compliance; and (3) the redelegation of (2) The Director and Deputy Director, (c) * * * authority to each of the Division Office of Compliance, CDRH. (4) The Director and Deputy Directors, Directors in the Office of Compliance. (3) The Director and Deputy, Division CDRH. Further redelegation of the authorities of Program Operations, Office of * * * * * delegated is not authorized at this time. Compliance, CDRH. 8. Section 5.31 is amended by revising Authority delegated to a position may (4) The Chief, Information Processing paragraphs (c)(3) and (e)(5) to read as be exercised by a person officially and Automation Branch, Division of follows: Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67271

§ 5.31 Petitions under part 10. Health (CDRH); the Director and Deputy § 5.50 Notification to petitioners of * * * * * Director, Office of Compliance, CDRH; determinations made on petitions for (c) * * * Regional Food and Drug Directors; reclassification of medical devices. (3) The Director and Deputy Directors, District Directors; and the Director, St. * * * * * Center for Devices and Radiological Louis Branch, are authorized, under (a) The Director and Deputy Directors, Health. section 360 of the Public Health Service Center for Devices and Radiological Health (CDRH) and the Director and * * * * * Act (PHSA), to perform the following Deputy Directors, Office of Device (e) * * * functions or to designate officials to: Evaluation. (5) The Director and Deputy Directors, * * * * * CDRH, are authorized to issue 180-day (c) * * * * * * * * tentative responses to citizen petitions (1) The Director and Deputy Directors, 16. Section 5.51 is amended by on medical device matters under CDRH. revising paragraphs (a)(1) and (b)(1) to § 10.30(e)(2)(iii) of this chapter that (2) The Director and Deputy Director, read as follows: relate to the assigned functions of that Office of Compliance, CDRH. Center. § 5.51 Determination of classification of * * * * * devices. * * * * * (e) * * * (1) * * * (a) * * * 9. Section 5.33 is amended by revising (1) The Director and Deputy Directors, (i) The Director and Deputy Directors, paragraph (b) to read as follows: Center for Devices and Radiological CDRH. Health (CDRH) and the Director and (ii) The Director and Deputy Director, § 5.33 Premarket approval of a product Deputy Directors, Office of Device that is or contains a biologic, a device, or Office of Compliance, CDRH. Evaluation, CDRH. a drug. (iii) The Director and Deputy Director, * * * * * Division of Program Operations, Office * * * * * (b) * * * (b) The Director and Deputy of Compliance, CDRH. (1) The Director and Deputy Directors, Directors, Center for Devices and * * * * * CDRH, and the Director, Deputy Radiological Health (CDRH), and the 12. Section 5.46 is revised to read as Directors, Chief of the Premarket Director, Office of Device Evaluation, follows: Notification Section, Division and CDRH. Deputy Division Directors, Associate ***** § 5.46 Manufacturer's resident import Division Directors, and Branch Chiefs, 10. Section 5.37 is amended by agents. Office of Device Evaluation, CDRH. revising paragraphs (a)(2)(i) through The Director and Deputy Directors, * * * * * (a)(2)(iii) and (b)(1) through (b)(3), and Center for Devices and Radiological by removing paragraph (a)(2)(iv) and 17. Section 5.52 is amended by Health (CDRH) and the Director and revising paragraph (a) to read as follows: removing and reserving (b)(4) to read as Deputy Director, Office of Compliance, follows: CDRH, are authorized to reject § 5.52 Notification to sponsors of manufacturer’s designation of import deficiencies in petitions for reclassification § 5.37 Issuance of reports of minor agents under § 1005.25(b) of this of medical devices. violations. chapter. * * * * * (a) * * * 13. Section 5.47 is amended by (a) The Director and Deputy Directors, (2)(i) The Director and Deputy revising paragraphs (a)(1) and (a)(2) to Center for Devices and Radiological Directors, Center for Devices and read as follows: Health (CDRH) and the Director and Radiological Health (CDRH). Deputy Directors, Office of Device (ii) The Director and Deputy Director, § 5.47 Detention of adulterated or Evaluation, CDRH. Office of Compliance, CDRH. misbranded medical devices. (iii) For medical devices assigned to * * * * * * * * * * 18. Section 5.53 is amended by their respective divisions, the Division (a) * * * Directors, Office of Compliance, CDRH. revising paragraphs (a)(1), (b)(1)(i), and (1) The Director and Deputy Directors, (c) to read as follows: * * * * * Center for Devices and Radiological (b) * * * Health (CDRH). § 5.53 Approval, disapproval, or (1) The Director and Deputy Directors, (2) The Director and Deputy Director, withdrawal of approval of product Center for Devices and Radiological Office of Compliance, CDRH. development protocols and applications for Health (CDRH). * * * * * premarket approval for medical devices. (2) The Director and Deputy Director, 14. Section 5.49 is amended by (a) * * * Office of Compliance, CDRH. revising paragraph (a) to read as follows: (1) The Director and Deputy Directors, (3) For medical devices assigned to Center for Devices and Radiological their respective divisions, the Division § 5.49 Authorization to use alternative Health (CDRH), and the Director and Directors, Office of Compliance, CDRH. evidence for determination of the Deputy Directors, Office of Device * * * * * effectiveness of medical devices. Evaluation, CDRH. 11. Section 5.45 is amended by * * * * * * * * * * revising paragraphs (b) introductory (a) The Director and Deputy Directors, (b)(1) * * * text, (c)(1) and (c)(2), and (e)(1)(i) Center for Devices and Radiological (i) The Director and Deputy Directors, through (e)(1)(iii) to read as follows: Health (CDRH), and the Director and CDRH, and the Director and Deputy Deputy Directors, Office of Device Directors, Office of Device Evaluation, § 5.45 Imports and exports. Evaluation, CDRH. CDRH. * * * * * * * * * * * * * * * (b) The Director and Deputy Directors, 15. Section 5.50 is amended by (c) The Director and Deputy Directors, Center for Devices and Radiological revising paragraph (a) to read as follows: CDRH, for medical devices assigned to 67272 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations their organization, are authorized to (1) The Director and Deputy Directors, § 5.86 Variances from performance issue notices to announce the approval, Center for Devices and Radiological standards for electronic products. disapproval, or withdrawal of approval Health (CDRH), the Director and Deputy * * * * * of a device, and to make publicly Directors, Office of Device Evaluation, (a) The Director and Deputy Directors, available a detailed summary of the CDRH, and the Director and Deputy Center for Devices and Radiological information on which the decision was Director, Office of Compliance, CDRH. Health (CDRH). based, under sections 515(d), (e), and (g) * * * * * (b) The Director and Deputy Director, Office of Compliance, CDRH. and 520(h)(1) of the act. 24. Section 5.60 is amended by 27. Section 5.87 is amended by 19. Section 5.54 is amended by revising paragraphs (a)(1) through (a)(4), revising paragraph (a) to read as follows: revising paragraphs (a) and (b), and by (a)(6), and (b)(1) through (b)(5) to read removing paragraph (c) to read as as follows: § 5.54 Determinations that medical devices follows: present unreasonable risk of substantial § 5.60 Required and discretionary harm. postmarket surveillance. § 5.87 Exemption of electronic products * * * * * from performance standards and prohibited (a) * * * acts. (a) The Director and Deputy Directors, (1) The Director and Deputy Directors, Center for Devices and Radiological Center for Devices and Radiological * * * * * (a) The Director and Deputy Directors, Health (CDRH), and the Director and Health (CDRH). Center for Devices and Radiological Deputy Director, Office of Compliance, (2) The Director and Deputy Director, CDRH. Health (CDRH). Office of Surveillance and Biometrics, (b) The Director and Deputy Director, * * * * * CDRH. Office of Compliance, CDRH. 20. Section 5.55 is amended by (3) The Director and Deputy Director, 28. Section 5.88 is revised to read as revising paragraph (a) to read as follows: Division of Postmarket Surveillance, follows: Office of Surveillance and Biometrics, § 5.55 Orders to repair or replace, or make CDRH. § 5.88 Testing programs and methods of refunds for, medical devices. (4) The Director and Deputy Directors, certification and identification for electronic * * * * * Division Directors and Associate products. (a) The Director and Deputy Directors, Division Directors, Office of Device The Director and Deputy Directors, Center for Devices and Radiological Evaluation, CDRH. Center for Devices and Radiological Health (CDRH), and the Director and * * * * * Health, (CDRH), and the Director and Deputy Director, Office of Compliance, (6) The Director and Deputy Director, Deputy Director, Office of Compliance, CDRH. Office of Compliance, CDRH. CDRH, are authorized to review and * * * * * * * * * * evaluate industry testing programs 21. Section 5.56 is amended by (b) * * * under section 358(g) of the Public revising paragraphs (a) and (b) to read Health Service Act (the act), and to (1) The Director and Deputy Directors, as follows: approve or disapprove alternate CDRH. methods of certification and (2) The Director and Deputy Director, § 5.56 Recall authority. identification and to disapprove testing Office of Surveillance and Biometrics, programs upon which certification is * * * * * CDRH. (a) The Director and Deputy based under section 358(h) of the act. (3) The Director and Deputy Director, Directors, Center for Devices and 29. Section 5.89 is amended by Division of Postmarket Surveillance, Radiological Health (CDRH). revising paragraphs (a) introductory text (b) The Director and Deputy Director, Office of Surveillance and Biometrics, and (b) introductory text to read as Office of Compliance, CDRH. CDRH. follows: (4) The Director and Deputy Directors, * * * * * Office of Device Evaluation, CDRH. 22. Section 5.57 is amended by § 5.89 Notification of defects in, and repair revising paragraphs (a) through (c) to (5) The Director and Deputy Director, or replacement of, electronic products. read as follows: Office of Compliance, CDRH. (a) The Director and Deputy Directors, * * * * * Center for Devices and Radiological § 5.57 Temporary suspension of a medical 25. Section 5.78 is amended by Health (CDRH), and the Director and device application. revising paragraph (b) to read as follows: Deputy Director, Office of Compliance, * * * * * CDRH, are authorized to perform all (a) The Director and Deputy Directors, § 5.78 Issuance, amendment, or repeal of functions of the Commissioner of Food Center for Devices and Radiological regulations pertaining to antibiotic drugs. and Drugs, relating to notification of Health (CDRH). * * * * * defects in, noncompliance of, and repair (b) The Director and Deputy Director, (b) The Director and Deputy Directors, or replacement of or refund for, Office of Compliance, CDRH. Center for Devices and Radiological electronic products under section 359 of (c) The Director and Deputy Directors, Health, are authorized to perform all the the Public Health Service Act (the act) Office of Device Evaluation, CDRH. functions of the Commissioner of Food and under §§ 1003.11, 1003.22, 1003.31, * * * * * and Drugs under section 507 of the act 1004.2, 1004.3, 1004.4, and 1004.6 of 23. Section 5.59 is amended by regarding the issuance, amendment, or this chapter; and Regional Food and revising paragraph (a)(1) to read as repeal of regulations pertaining to Drug Directors, District Directors, and follows: antibiotic drugs for human use the Director, St. Louis Branch, are contained in medical devices. authorized to perform all such functions § 5.59 Approval, disapproval, or 26. Section 5.86 is amended by relating to: withdrawal of approval of applications for revising paragraphs (a) and (b), and by * * * * * investigational device exemptions. removing paragraph (c) to read as (b) The Director and Deputy Director, (a) * * * follows: Office of Compliance, CDRH, and the Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67273

Division Directors, Office of DEPARTMENT OF HEALTH AND Category II drug. Under section 512(m) Compliance, CDRH, are authorized to HUMAN SERVICES of the act (21 U.S.C. 360b(m)), as notify manufacturers of defects in, and amended by the Animal Drug noncompliance of, electronic products Food and Drug Administration Availability Act of 1996 (Pub. L. 104– under section 359(e) of the act and 250), medicated feed applications have 21 CFR Part 558 under § 1003.11(a) of this chapter; and been replaced by a requirement for feed the chiefs of District Compliance New Animal Drugs for Use in Animal mill licenses. Therefore, use of Branches are authorized to perform all Feeds; Decoquinate and Bacitracin decoquinate, bacitracin zinc, and such functions relating to: Zinc With Roxarsone roxarsone Type A medicated articles to * * * * * make Type C medicated feeds as AGENCY: Food and Drug Administration, provided in NADA 200–206 is limited 30. Section 5.90 is revised to read as HHS. follows: to manufacture in a licensed feed mill. ACTION: Final rule. In accordance with the freedom of § 5.90 Manufacturers requirement to SUMMARY: The Food and Drug information provisions of 21 CFR part provide data to ultimate purchasers of Administration (FDA) is amending the 20 and 514.11(e)(2)(ii), a summary of electronic products. animal drug regulations to reflect safety and effectiveness data and The Director and Deputy Directors, approval of an abbreviated new animal information submitted to support Center for Devices and Radiological drug application (ANADA) filed by approval of this application may be seen Health, are authorized to require ALPHARMA INC. The ANADA in the Dockets Management Branch manufacturers to provide performance provides for using approved (HFA–305), Food and Drug and technical data to the ultimate decoquinate, bacitracin zinc, and Administration, 12420 Parklawn Dr., purchaser of electronic products under roxarsone Type A medicated articles to rm. 1–23, Rockville, MD 20857, between section 360A(c) of the Public Health make Type C medicated broiler chicken 9 a.m. and 4 p.m., Monday through Service Act. feeds used for prevention of coccidiosis, Friday. increased rate of weight gain, and The agency has determined under 21 31. Section 5.91 is revised to read as improved feed efficiency. CFR 25.33 that this action is of a type follows: EFFECTIVE DATE: December 24, 1997. that does not individually or FOR FURTHER INFORMATION CONTACT: cumulatively have a significant effect on § 5.91 Dealer and distributor direction to Jeffrey M. Gilbert, Center for Veterinary provide data to manufacturers of electronic the human environment. Therefore, Medicine (HFV–128), Food and Drug products. neither an environmental assessment Administration, 7500 Standish Pl., nor an environmental impact statement The Director and Deputy Directors, Rockville, MD 20855, 301–594–1602. is required. Center for Devices and Radiological SUPPLEMENTARY INFORMATION: Health (CDRH), the Director and Deputy ALPHARMA INC., One Executive Dr., List of Subjects in 21 CFR Part 558 Director, Office of Compliance, CDRH, P.O. Box 1399, Fort Lee, NJ 07024, is and the Division Directors, Office of sponsor of ANADA 200–206 that Animal drugs, Animal feeds. Compliance, CDRH, are authorized to provides for combining approved Therefore, under the Federal Food, direct dealers and distributors of decoquinate, bacitracin zinc, and Drug, and Cosmetic Act and under electronic products to furnish roxarsone Type A medicated articles to authority delegated to the Commissioner information on first purchasers of such make Type C medicated feeds for of Food and Drugs and redelegated to products to the manufacturer of the broilers containing decoquinate 27.2 the Center for Veterinary Medicine, 21 product under section 360A(f) of the grams per ton (g/t) and bacitracin zinc CFR part 558 is amended as follows: Public Health Service Act. 12 to 50 g/t with roxarsone 11 to 45 g/ t. The Type C medicated feed is used for 32. Section 5.92 is revised to read as PART 558ÐNEW ANIMAL DRUGS FOR follows: the prevention of coccidiosis caused by Eimeria tenella, E. necatrix, E. USE IN ANIMAL FEEDS acervulina, E. mivati, E. maxima, and E. § 5.92 Acceptance of assistance from 1. The authority citation for 21 CFR brunetti, and for increased rate of weight State and local authorities for enforcement part 558 continues to read as follows: of radiation control legislation and gain and improved feed efficiency. regulations. ALPHARMA INC.’s, ANADA 200–206 Authority: 21 U.S.C. 360b, 371. is approved as a generic copy of Rhone The Director and Deputy Directors, Poulenc Inc.’s NADA 91–326. The § 558.195 [Amended] Center for Devices and Radiological ANADA is approved as of December 24, Health, are authorized to accept 1997 and the regulations are amended 2. Section 558.195 Decoquinate is assistance from State and local in 21 CFR 558.195(d) to reflect the amended in the table in paragraph (d) in authorities engaged in activities related approval. The basis for approval is the entry for ‘‘27.2 (0.003 pct), to health or safety or consumer discussed in the freedom of information Roxarsone 11 to 45 (0.0012–0.005 pct.) protection on a reimbursable basis or summary. plus Bacitracin 12 to 50’’ under otherwise, under section 360E of the This approval is for use of three single ‘‘Limitations’’ by removing ‘‘No. Public Health Service Act. ingredient Type A medicated articles to 011716’’ and adding in its place ‘‘Nos. make combination drug Type C 011716 and 046573’’. Dated: December 16, 1997. medicated feeds. One ingredient, Dated: October 30, 1997. William K. Hubbard, roxarsone, is a Category II drug as Stephen F. Sundlof, Associate Commissioner for Policy defined in 21 CFR 558.3(b)(1)(ii). As Coordination. provided in 21 CFR 558.4(b), an Director, Center for Veterinar Medicine. [FR Doc. 97–33482 Filed 12–23–97; 8:45 am] approved form FDA 1900 is required to [FR Doc. 97–33638 Filed 12–23–97; 8:45 am] BILLING CODE 4160±01±F make a Type C medicated feed from a BILLING CODE 4160±01±F 67274 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

DEPARTMENT OF HEALTH AND comments received, make revisions as Dated: December 16, 1997. HUMAN SERVICES necessary to the information collection William K. Hubbard, requirements, and submit the Associate Commissioner for Policy Food and Drug Administration requirements to OMB for approval. FDA Coordination. received four comments and has [FR Doc. 97–33418 Filed 12–23–97; 8:45 am] 21 CFR Part 806 reviewed and responded to them and BILLING CODE 4160±01±F [Docket No. 91N±0396] has submitted the information collection requirements to OMB for Medical Devices; Reports of approval. A notice published in the DEPARTMENT OF STATE Corrections and Removals; Stay of Federal Register of November 26, 1997 Effective Date of Information (62 FR 63182), informs the public how 22 CFR Parts 120, 123, 124, 126, 127, Collection Requirements to address comments on the information and 129 AGENCY: Food and Drug Administration, collection provisions to OMB. [Public Notice 2602] HHS. The Administrative Procedure Act ACTION: Stay of effective date of a final and FDA regulations provide that the Bureau of Political-Military Affairs; regulation. agency may issue a regulation without Amendments to the International notice and comment procedures when Traffic in Arms Regulations SUMMARY: The Food and Drug Administration (FDA) is staying the the agency for good cause finds that AGENCY: Department of State. effective date of the information such procedures are impracticable, ACTION: Final rule. collection requirements of a final rule to unnecessary, or contrary to the public implement the provisions of the Safe interest (5 U.S.C. 553(b)(3)(B); 21 CFR SUMMARY: This rule amends certain Medical Devices Act of 1990 (the 10.40(e)(1)). FDA finds there is good provisions of the International Traffic in SMDA) regarding reports of corrections cause for dispensing with notice and Arms Regulations (ITAR) in order to and removals of medical devices. FDA comment procedures on this reflect recent changes to the Arms is taking this action because the amendment to stay the effective date of Export Control Act (AECA). information collection requirements in the information collection requirements EFFECTIVE DATE: December 24, 1997. the final rule have not yet been of the final rule on reports of corrections FOR FURTHER INFORMATION CONTACT: approved by the Office of Management and removals until such time as OMB Mary F. Sweeney, Compliance and and Budget (OMB) under the Paperwork approves these requirements. Engaging Enforcement Branch, Office of Defense Reduction Act of 1995 (the PRA). In the in notice and comment rulemaking is Trade Controls, Bureau of Political- Federal Register of November 26, 1997, unnecessary because the information Military Affairs, Department of State FDA announced that it sent the collection provisions cannot become (703) 875–6644. proposed information collection to OMB effective until such time as FDA obtains SUPPLEMENTARY INFORMATION: Section for review and clearance. OMB approval of them. Moreover, 1045(a) of the National Defense DATES: Effective November 17, 1997, notice and comment rulemaking is Authorization Act for Fiscal Year 1997 sections 806.10 and 806.20, which impracticable and contrary to the public (Public Law 104–201) added a new contain information collection interest in this case. There is not enough paragraph 12 to section 36(a) of the requirements published at 62 FR 27183, time to solicit a new round of notice and AECA requiring a report on all May 19, 1997, are stayed pending OMB comment on the issue of establishing a concluded agreements involving clearance of the information collection delayed effective date for these coproduction or licensed production requirements. FDA will announce the information collection requirements outside of the United States of defense effective date of these sections in the without further delaying the articles of United States origin. Federal Register. implementation of this provision of the Section 141 of the Defense and FOR FURTHER INFORMATION CONTACT: SMDA. Dispensing with notice and Security Assistance Improvements Act Joseph M. Sheehan, Center for Devices comment rulemaking provides that the of 1996 (Public Law 104–164) amended and Radiological Health (HFZ–215), information collection requirements of and restated the requirements in section Food and Drug Administration, 1350 the reports of corrections and removals 36(c) and (d) of the AECA for Piccard Dr., Rockville, MD 20850, 301– rule will go into effect at the earliest certification to Congress of certain 827–2974. possible date after OMB review and proposed exports and technical SUPPLEMENTARY INFORMATION: In the clearance. FDA will announce the assistance or manufacturing license Federal Register of May 19, 1997 (62 FR effective date of the information agreements, generally reducing the time 27183), FDA issued a final rule collection requirements of the final rule for transfers involving member implementing the provisions of the in a future issue of the Federal Register. countries of the North Atlantic Treaty SMDA concerning reports of corrections Organization, Australia, Japan and New and removals of medical devices. The List of Subjects in 21 CFR Part 806 Zealand. Section 151 of Public Law 104–164 rule was scheduled to become effective Corrections and removals, Medical added a new clause (ii) to Subsection on November 17, 1997. In the preamble devices, Reporting and recordkeeping to the final rule, FDA provided for a 60- (b)(1)(A) of section 38 of the AECA requirements. day comment period on the information requiring the registration and licensing collection requirements of the rule Therefore, under sections 201–903 of of persons who engage in the business under the Paperwork Reduction Act of the Federal Food, Drug, and Cosmetic of brokering activities of defense articles 1995 (44 U.S.C. 3507), which was Act (21 U.S.C. 321–393) and under and defense services. enacted after the publication of the authority delegated to the Commissioner Section 156 of Public Law 104–164 proposed rule on reports of corrections of Food and Drugs, §§ 806.10 and amended section 38(e) of the AECA, and removals of medical devices. 806.20, published in the Federal providing that certain types of In the preamble to the final rule, FDA Register of May 19, 1997 (62 FR 27183), information shall not be withheld from announced that it would review the are stayed until further notice. public disclosure unless the President Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67275 determines that the release of such notice and public procedure under modification, operation, information would be contrary to the section 251 of the Act is impracticable demilitarization, destruction, processing national interest. and contrary to the public interest. or use of defense articles; Section 144 of Public Law 104–164 However, interested parties are invited (2) The furnishing to foreign persons amended and restated certain to submit written comments to the of any technical data controlled under definitions contained in Section 47 of Department of State, Office of Defense this subchapter (see § 120.10), whether the AECA. Trade Controls, ATTN: Regulatory in the United States or abroad; or The civil penalty amount is in Change, Room 200, SA–6, Washington, (3) Military training of foreign units accordance with 22 U.S.C. 2778, 2779a D.C. 20520–0602. and forces, regular and irregular, and 2780. including formal or informal instruction In order to ensure consistent List of Subjects of foreign persons in the United States application of the ITAR as provided in 22 CFR Part 120 or abroad or by correspondence courses, law, Parts 120, 123, 124, 126, and 127 technical, educational, or information are being amended and a new Part 129 Arms and munitions, Exports, Technical assistance. publications and media of all kinds, is being established. training aid, orientation, training Part 129 contains guidance 22 CFR Part 123 exercise, and military advice. (See also concerning persons required to register Arms and munitions, Exports, § 124.1.) as brokers and the types of brokering (b) [Reserved] activities that require prior approval of Technical assistance. the Department of State. As a general 22 CFR Part 124 PART 123ÐLICENSES FOR THE matter, any person in the United States EXPORT OF DEFENSE ARTICLES or otherwise subject to U.S. jurisdiction Arms and munitions, Exports, who is in the business of brokering Technical assistance. 4. The authority citation for part 123 transfers of defense articles or services 22 CFR Part 126 is revised to read as follows: is required to register and pay a fee. Arms and munitions, Exports. Authority: Secs. 2 and 38, Pub. L. 90–629, This would include for example, 90 Stat. 744 (22 U.S.C. 2752, 2778); 22 U.S.C. persons who act as agents for others in 22 CFR Part 127 2753; E.O. 11958, 42 FR 4311; 3 CFR 1977 Comp. 79; 22 U.S.C. 2658. arranging arms deals, as well as so- Arms and munitions, Exports. called finders and other persons who 5. Section 123.15 is revised to read as facilitate such deals. Certain exemptions 22 CFR Part 129 follows: to this requirement are also established, Arms and munitions, Exports, § 123.15 Congressional notification for however, such as persons exclusively in Technical assistance. the business of financing or transporting licenses. Accordingly, for the reasons set forth defense articles whose business (a) All exports of major defense above, Title 22, Chapter I, Subchapter activities do not include brokering arms equipment, as defined in § 120.8 of this M, Parts 120, 123, 124, 126 and 127 are deals. Certain prohibitions are also subchapter, sold under a contract in the amended and Part 129 is established as established in Part 129 concerning amount of $14,000,000 or more, or follows: brokering activities associated with exports of defense articles and defense defense articles and defense services PART 120ÐPURPOSE AND services sold under a contract in the involving ineligible countries or DEFINITIONS amount of $50,000,000 or more, may persons, such as those countries for take place only after the Office of which the United States maintains an 1. The authority citation for part 120 Defense Trade Controls notifies the arms embargo and those persons is revised to read as follows: exporter through issuance of a license or debarred from receiving U.S. munitions Authority: Secs. 2, 38, and 71, Pub. L. 90– other approval that Congress has not licenses owing to previous violations of 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, enacted a joint resolution prohibiting U.S. law. Part 129 identifies those 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR the export and: circumstances or defense articles for 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. (1) In the case of a license for an which either prior written approval by, 2658. export to the North Atlantic Treaty or prior notification to, the Department 2. In § 120.7 paragraph (a) is revised Organization, any member country of of State is necessary, and also specifies to read as follows: that Organization, or Australia, Japan or exemptions to these requirements. New Zealand, 15 calendar days have Further, Part 129 provides a procedure § 120.7 Significant military equipment. elapsed since receipt by the Congress of by which persons may seek guidance (a) Significant military equipment the certification required by 22 U.S.C. from the Department of State in respect means articles for which special export 2776(c)(1); or to the possible application of these controls are warranted because of their (2) In the case of a license for an requirements to their activities. capacity for substantial military utility export to any other destination, 30 These amendments involve a foreign or capability. calendar days have elapsed since receipt affairs function of the United States. * * * * * by the Congress of the certification They are excluded from review under 3. Section 120.9 is revised to read as required by 22 U.S.C. 2776(c)(1). Executive Order 12866 (69 FR 51735) follows: (b) Persons who intend to export and 9 U.S.C. 553 and 554, but have been defense articles and defense services reviewed internally by the Department § 120.9 Defense service. pursuant to any exemption in this to ensure consistency with the purposes (a) Defense service means: subchapter (e.g., § 126.5 of this thereof. (1) The furnishing of assistance subchapter) under the circumstances In accordance with 5 U.S.C. 808, as (including training) to foreign persons, described in the first sentence of added by the Small Business Regulatory whether in the United States or abroad paragraph (a) of this section must notify Enforcement Fairness Act of 1996 (the in the design, development, the Office of Defense Trade Controls by ‘‘Act’’), the Department of State has engineering, manufacture, production, letter of the intended export and, prior found for foreign policy reasons that assembly, testing, repair, maintenance, to transmittal to Congress, provide a 67276 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations signed contract and a DSP–83 signed by involves the manufacture abroad of any from public disclosure unless the the applicant, the foreign consignee and item of significant military equipment President determines that release of end-user. (as defined in § 120.7 of this subchapter) such information would be contrary to shall be certified to Congress by the the national interest. Determinations PART 124ÐAGREEMENTS, OFF- Department as required by 22 U.S.C. required by section 38(e) shall be made SHORE PROCUREMENT AND OTHER 2776(d). Additionally, any technical by the Assistant Secretary for Political- DEFENSE SERVICES assistance agreement or manufacturing Military Affairs. 6. The authority citation for Part 124 license agreement providing for the * * * * * continues to read as follows: export of major defense equipment, as defined in § 120.8, sold under a contract PART 127ÐVIOLATIONS AND Authority: Secs. 2, 38 and 71, Pub. L. 90– in the amount of $14 million or more, PENALTIES 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, or of defense articles or defense services 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 11. The authority citation for part 127 sold under a contract in the amount of Comp. p. 79; 22 U.S.C. 2658. is revised to read as follows: $50 million or more, shall be certified 7. Section 124.4 is revised to read as to Congress by the Department as Authority: Secs. 2, 38, and 42, Pub. L. 90– follows: required by 22 U.S.C. 2776(c)(1). The 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, Office of Defense Trade Controls will 2791); E.O. 11958, 42 FR 4311, 3 CFR, 1977 § 124.4 Deposit of signed agreements with Comp., p. 79; 22 U.S.C. 401; 22 U.S.C. 2658; the Office of Defense Trade Controls. not approve agreements requiring 22 U.S.C. 2779a; 22 U.S.C. 2780. Congressional notification unless (a) The United States party to a Congress has not enacted a joint 12. In § 127.10 paragraph (a) is revised manufacturing license or a technical resolution prohibiting the agreement to read as follows: assistance agreement must file one copy and: of the concluded agreement with the § 127.10 Civil penalty. (a) In the case of an agreement for or Office of Defense Trade Controls not (a) The Assistant Secretary of State for in a country which is a member of the later than 30 days after it enters into Political-Military Affairs, Department of North Atlantic Treaty Organization or force. If the agreement is not concluded State, is authorized to impose a civil Australia, Japan, or New Zealand, at within one year of the date of approval, penalty in an amount not to exceed that least 15 calendar days have elapsed the Office of Defense Trade Controls authorized by 22 U.S.C. 2778, 2779a and since receipt by the Congress of the must be notified in writing and be kept 2780 for each violation of 22 U.S.C. certification required by 22 U.S.C. informed of the status of the agreement 2778, 2779a and 2780, or any regulation, 2776(d); or until the requirements of this paragraph order, license or approval issued (b) In the case of an agreement for or or the requirements of ( 124.5 are thereunder. This civil penalty may be in any other country, at least 30 satisfied. either in addition to, or in lieu of, any calendar days have elapsed since receipt (b) In the case of concluded other liability or penalty which may be by the Congress of the certification agreements involving coproduction or imposed. required by 22 U.S.C. 2776(d). licensed production outside of the * * * * * United States of defense articles of PART 126ÐGENERAL POLICIES AND 13. Part 129 is added to read as United States origin, a written statement PROVISIONS follows: must accompany filing of the concluded agreement with the Office of Defense 9. The authority citation for Part 126 PART 129ÐREGISTRATION AND Trade Controls, which shall include: is revised to read as follows: LICENSING OF BROKERS (1) The identity of the foreign Authority: Secs. 2, 38, 40, 42, and 71, Pub. Sec. countries, international organization, or L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 129.1 Purpose. foreign firms involved; 2780, 2791, and 2797); 22 U.S.C. 2778; E.O. 129.2 Definitions. (2) A description and the estimated 11958, 42 FR 4311; 3 CFR, 1977 Comp., p. 129.3 Requirement to register. value of the articles authorized to be 79; 22 U.S.C. 2658; 22 U.S.C. 287c; E.O. 129.4 Registration statement and fees. produced, and an estimate of the 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 129.5 Policy on embargoes and other quantity of the articles authorized to be 899. proscriptions. produced: 10. In § 126.10 paragraph (b) is 129.6 Requirement for license/approval. (3) A description of any restrictions revised to read as follows: 129.7 Prior approval (license). 129.8 Prior notification. on third-party transfers of the foreign- § 126.10 Disclosure of information. 129.9 Reports. manufactured articles; and 129.10 Guidance. (4) If any such agreement does not * * * * * (b) Determinations required by law. Authority: Sec. 38, Pub. L. 104–164, 110 provide for United States access to and Stat. 1437, (22 U.S.C. 2778). verification of quantities of articles Section 38(e) of the Arms Export produced overseas and their disposition Control Act (22 U.S.C. 2778) provides § 129.1 Purpose. in the foreign country, a description of by reference to certain procedures of the Section 38(b)(1)(A)(ii) of the Arms alternative measures and controls to Export Administrative Act that certain Export Control Act (22 U.S.C. 2778) ensure compliance with restrictions in information required by the Department provides that persons engaged in the the agreement on production quantities of State in connection with the licensing business of brokering activities shall and third-party transfers. process may generally not be disclosed register and pay a registration fee as 8. Section 124.11 is revised to read as to the public unless certain prescribed in regulations, and that no follows: determinations relating to the national person may engage in the business of interest are made in accordance with the brokering activities without a license § 124.11 Certification to Congress for procedures specified in that provision, issued in accordance with the Act. agreements. except that the names of the countries Regardless of dollar value, a and the types and quantities of defense § 129.2 Definitions. Technical Assistance Agreement or a articles for which licenses are issued (a) Broker means any person who acts Manufacturing License Agreement that under this section shall not be withheld as an agent for others in negotiating or Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67277 arranging contracts, purchases, sales or commercially available lines or letters of have registered or are required to transfers of defense articles or defense credit to persons registered in register under § 129.3 of this subchapter. services in return for a fee, commission, accordance with Part 122 of this (b) No brokering activities or or other consideration. subchapter required to register. brokering proposals involving any (b) Brokering activities means acting However, banks, firms, or other persons country referred to in § 126.1 of this as a broker as defined in § 129.2(a), and providing financing for defense articles subchapter may be carried out by any includes the financing, transportation, or defense services would be required to person without first obtaining the freight forwarding, or taking of any register under certain circumstances, written approval of the Office of Defense other action that facilitates the such as where the bank or its employees Trade Controls. manufacture, export, or import of a are directly involved in arranging arms (c) No brokering activities or proposal defense article or defense service, deals as defined in § 129.2(a) or hold to engage in brokering activities may be irrespective of its origin. For example, title to defense articles, even when no carried out or pursued by any person this includes, but is not limited to, physical custody of defense articles is without the prior written approval of activities by U.S. persons who are involved. the Office of Defense Trade Controls in located inside or outside of the United the case of other countries or persons § 129.4 Registration statement and fees. States or foreign persons subject to U.S. identified from time to time by the jurisdiction involving defense articles or (a) General. The Department of State Department of State through notice in defense services of U.S. or foreign origin Form DSP–9 (Registration Statement) the Federal Register, with respect to which are located inside or outside of and a transmittal letter meeting the which certain limitations on defense the United States. But, this does not requirements of § 122.2(b) of this articles or defense services are imposed include activities by U.S. persons that subchapter must be submitted by an for reasons of U.S. national security or are limited exclusively to U.S. domestic intended registrant with a payment by foreign policy (e.g., Cyprus, Guatemala, sales or transfers (e.g., not for export or check or money order payable to the Yemen) or law enforcement interests re-transfer in the United States or a Department of State of one of the fees (e.g., an individual subject to debarment foreign person). prescribed in § 122.3(a) of this pursuant to § 127.7 of this subchapter). (c) The term ‘‘foreign defense article subchapter. The Registration Statement (d) No brokering activities or or defense service’’ includes any non- and transmittal letter must be signed by brokering proposal may be carried out United States defense article or defense a senior officer who has been with respect to countries which are service of a nature described on the empowered by the intended registrant to subject to United Nations Security United States Munitions List regardless sign such documents. The intended Council arms embargo (see also of whether such article or service is of registrant shall also submit § 121.1(c)). United States origin or whether such documentation that demonstrates that it (e) In cases involving countries or article or service contains United States is incorporated or otherwise authorized persons subject to paragraph (b), (c), or origin components. to do business in the United States. (d), above, it is the policy of the (b) A person required to register under Department of State to deny requests for § 129.3 Requirement to Register. this part who is already registered as a approval, and exceptions may be (a) Any U.S. person, wherever manufacturer or exporter in accordance granted only rarely, if ever. Any person located, and any foreign person located with part 122 of this subchapter must who knows or has reason to know of in the United States or otherwise subject also provide notification of this brokering activities involving such to the jurisdiction of the United States additional activity by submitting to the countries or persons must immediately (notwithstanding § 120.1(c)), who Office of Defense Trade Controls by inform the Office of Defense Trade engages in the business of brokering registered mail a transmittal letter Controls. activities (as defined in this part) with meeting the requirements of § 122.2(b) respect to the manufacture, export, and citing the existing registration, and § 129.6 Requirement for License/Approval. import, or transfer of any defense article must pay an additional fee according to (a) No person may engage in the or defense service subject to the controls the schedule prescribed in § 122.3(a). business of brokering activities without of this subchapter (see § 121) or any Any person who registers coincidentally the prior written approval (license) of, ‘‘foreign defense article or defense as a broker as defined in § 129.2 of this or prior notification to, the Office of service’’ (as defined in § 129.2) is subchapter and as a manufacturer or Defense Trade Controls, except as required to register with the Office of exporter must submit a Registration follows: Defense Trade Controls. Statement that reflects the brokering (b) Exemptions. Registration under (b) A license will not be required for: activities, the § 122.2(b) transmittal (1) Brokering activities undertaken by this section is not required for: letter, as well as the additional fee for (1) Employees of the United States or for an agency of the United States registration as a broker. Government— Government acting in official capacity. (c) Other provisions of part 122, in (2) Employees of foreign governments particular, § 122.4 concerning (i) for use by an agency of the United or international organizations acting in notification of changes in information States Government; or official capacity. furnished by registrants and § 122.5 (ii) for carrying out any foreign (3) Persons exclusively in the concerning maintenance of records by assistance or sales program authorized business of financing, transporting, or registrants, apply equally to registration by law and subject to the control of the freight forwarding, whose business under this part (part 129). President by other means. activities do not also include brokering (2) Brokering activities that are defense articles or defense services. For § 129.5 Policy on embargoes and other arranged wholly within and destined example, air carriers and freight proscriptions. exclusively for the North Atlantic Treaty forwarders who merely transport or (a) The policy and procedures set Organization, any member country of arrange transportation for licensed forth in this subparagraph apply to that Organization, Japan, Australia, or United States Munitions List items are brokering activities defined in § 129.2 of New Zealand, except in the case of the not required to register, nor are banks or this subchapter, regardless of whether defense articles or defense services credit companies who merely provide the persons involved in such activities specified in § 129.7(a) of this 67278 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations subchapter, for which prior approval is this subchapter for the permanent or recipient(s), license(s) numbers for always required. temporary export or temporary import approved activities and any exemptions of the particular defense article, defense utilized for other covered activities. § 129.7 Prior Approval (License). service or technical data subject to prior (a) The following brokering activities approval under this section, provided § 129.10 Guidance. require the prior written approval of the the names of all brokers have been (a) Any person desiring guidance on Office of Defense Trade Controls: identified in an attachment issues related to this part, such as (1) Brokering activities pertaining to accompanying submission of the initial whether an activity is a brokering certain defense articles (or associated application; or activity within the scope of this Part, or defense services) covered by or of a (2) A written statement from the whether a prior approval or notification nature described by Part 121, to or from Office of Defense Trade Controls requirement applies, may seek guidance any country, as follows: approving the proposed activity or the in writing from the Office of Defense (i) Fully automatic firearms and making of a proposal or presentation. Trade Controls. The procedures and components and parts therefor; (c) Requests for approval of brokering conditions stated in § 126.9 apply (ii) Nuclear weapons strategic activities shall be submitted in writing equally to requests under this section. delivery systems and all components, to the Office of Defense Trade Controls Dated: November 24, 1997. parts, accessories, attachments by an empowered official of the specifically designed for such systems Strobe Talbott, registered broker; the letter shall also Acting Secretary of State. and associated equipment; meet the requirements of § 126.13 of this [FR Doc. 97–33649 Filed 12–23–97; 8:45 am] (iii) Nuclear weapons design and test subchapter. equipment of a nature described by (d) The request shall identify all BILLING CODE 4710±25±P Category XVI of Part 121; parties involved in the proposed (iv) Naval nuclear propulsion transaction and their roles, as well as equipment of a nature described by outline in detail the defense article and DEPARTMENT OF THE INTERIOR Category VI(e); related technical data (including (v) Missile Technology Control manufacturer, military designation and Minerals Management Service Regime Category I items (§ 121.16); model number), quantity and value, the 30 CFR Parts 250 and 251 (vi) Classified defense articles, security classification, if any, of the services and technical data; articles and related technical data, the RIN 1010±AC10 (vii) Foreign defense articles or country or countries involved, and the defense services (other than those that specific end use and end user(s). Geological and Geophysical (G&G) are arranged wholly within and (e) The procedures outlined in Explorations of the Outer Continental destined exclusively for the North § 126.8(c) through (g) are equally Shelf Atlantic Treaty Organization, Japan, applicable with respect to this section. Australia, or New Zealand (see AGENCY: Minerals Management Service §§ 129.6(b)(2) and 129.7(a)). § 129.8 Prior Notification. (MMS), Interior. (2) Brokering activities involving (a) Prior notification to the Office of ACTION: Final rule. defense articles or defense services Defense Trade Controls is required for covered by, or of a nature described by, brokering activities with respect to SUMMARY: This rule revises MMS’ Part 121, in addition to those specified significant military equipment valued at regulations and expands the Notice in § 129.7(a), that are designated as less than $1,000,000, except for sharing requirement to include all oil, gas, and significant military equipment under of basic marketing information (e.g., sulphur related G&G scientific research this subchapter, for or from any country information that does not include not conducted under a permit. The not a member of the North Atlantic performance characteristics, price and revisions also update the addresses for Treaty Organization, Australia, New probable availability for delivery) by applying for a permit or filing a Notice, Zealand, or Japan whenever any of the U.S. persons registered as exporters standardize definitions, describe the following factors are present: under Part 122. procedures for protecting archaeological (i) The value of the significant (b) The requirement of this section for resources, reflect changes in technology, military equipment is $1,000,000 or prior notification is met by informing and clarify the obligations of third more; the Office of Defense Trade Controls by parties who obtain G&G data and (ii) The identical significant military letter at least 30 days before making a information collected under a permit. equipment has not been previously brokering proposal or presentation. The These revisions are being made because licensed for export to the armed forces Office of Defense Trade Controls will there have been instances of commercial of the country concerned under this provide written acknowledgment of G&G exploration being conducted by subchapter or approved for sale under such prior notification to confirm academia without a permit, the the Foreign Military Sales Program of compliance with this requirement and addresses for all the MMS regions have the Department of Defense; the commencement of the 30-day changed, changes in technology need to (iii) Significant military equipment notification period. be incorporated, and permittees and would be manufactured abroad as a (c) The procedures outlined in third parties have questioned MMS result of the articles or services being § 126.8(c) through (g) are equally access to certain G&G data and brokered; or applicable with respect to this section. information that were collected under a (iv) The recipient or end user is not permit and further processed by third a foreign government or international § 129.9 Reports. parties. The modifications will enable organization. (a) Any person required to register MMS to better ensure safe use and (b) The requirements of this section under this part shall provide annually a environmental protection of the outer for prior written approval are met by report to the Office of Defense Trade continental shelf (OCS) for all G&G any of the following: Controls enumerating and describing its related operations, expedite permit (1) A license or other written approval brokering activities by quantity, type, applications and Notices to MMS, and issued under parts 123, 124, or 125 of U.S. dollar value, and purchaser(s) and make the regulatory language clearer Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67279 and more understandable. MMS also comments that were put forth and the Section 251.2 Purpose of This Part believes that it is necessary to more concerns of the industry. However, we Paragraph (d) was added to this clearly assert its authority to acquire believe that specific concerns with the section to clarify the U.S. Government’s G&G data and information. proposed rulemaking have been right to certain data and information, Access to these data and information addressed properly, and that where explain MMS’ obligation to pay certain is needed to ensure that the U.S. MMS and industry disagree, MMS is reimbursements, and set out MMS’ Government receives fair market value acting appropriately as the Federal procedures for safeguarding proprietary on leases, especially in areas of complex agency required by the OCS Lands Act and privileged data and information geology, and for the Government to (OSCLA) to manage the oil and natural acquired from industry and other conduct analyses or assessments for gas resources of the OCS in an sources. royalty relief and other purposes. environmentally responsible and safe EFFECTIVE DATE: January 23, 1998. manner. MMS must oversee G&G Section 251.3 Authority and FOR FURTHER INFORMATION CONTACT: explorations on the OCS in an orderly Applicability of This Part David R. Zinzer, Resource Evaluation and fair manner, balancing the needs of One commenter questioned whether, Division, (703) 787–1515 or Kumkum industry and the public interest. under the OCSLA, the Secretary of the Ray, Rules Processing Team, 703) 787– Some commenters questioned Interior (Secretary) could allow G&G 1600. whether MMS had performed the exploration under a Notice, instead of SUPPLEMENTARY INFORMATION: This final analysis required under the Regulatory requiring a permit. Section 11 of the rule implements changes put forward by Flexibility Act, or made an estimate of OCSLA (43 U.S.C. 1340) gives the our notice of proposed rulemaking how much it would cost the exploration Secretary the authority to allow (NPR) that was published February 11, and production industry to comply with geological and geophysical exploration. 1997 (62 FR 6149) and which solicited the proposed revisions to part 251. Because of the commercial nature of the public comments. The comment period These comments cited the potential activity, MMS believes that it is was extended twice, the last extension administrative burdens of the proposed preferable to require that G&G ending July 29, 1997. We met with changes and their significant impact on exploration be conducted only under industry twice during the comment the ability of smaller companies to the auspices of a permit. G&G scientific period, May 15 in Washington, D.C., compete in the Gulf of Mexico. MMS research can be conducted either under and July 10 in New Orleans, LA. We has addressed these concerns under the a permit or by filing a Notice, depending received 22 sets of written comments section of the preamble titled, on the activity being conducted. and recommendations in response to the ‘‘Regulatory Flexibility Act.’’ The commenter also asked under what authority the Secretary applies NPR. Ten of these comments and Section-by-Section Analysis recommendations were from industry MMS regulations to ships or vessels, associations, and twelve were from Section 251.1 Definitions and exempts Federal agencies from the permittees and third party users of G&G permit procedures. The OCSLA data and information collected on the The definition of exploration was definition of exploration includes OCS. We have carefully considered each expanded to include marine and geophysical surveys where magnetic, of these comments and airborne surveys. Although MMS gravity, seismic, or other systems are recommendations. We did not adopt proposed changing the definition of used to detect or imply the presence of recommendations that did not appear to human environment, several comments minerals. Ships and vessels are be in the public’s best interest. criticized the proposed wording as commonly used in, and are an integral In order to assist industry in broad and ambiguous. MMS agrees to part of, geophysical surveys. Therefore, understanding how MMS will retain the existing definition. it is necessary to apply MMS’’ implement the final rule, MMS will The definitions of lease and lessee regulations to them. The definition of conduct a meeting with industry and were changed to read the same as the person in the OCSLA does not include other interested parties in the Gulf of definitions in part 250. Federal agencies. Thus, Federal agencies Mexico Region following publication of The definitions of archaeological are not authorized as persons by the a meeting time in the Federal Register. interest, material remains, and Secretary to conduct G&G explorations in the OCS and thus are not subject to Discussion and Analysis of Comments significant archaeological resource were added to explain archaeological part 251. Some commenters requested that protection requirements in part 251. The Finally, the same commenter found MMS withdraw the final rule in its language adopted in this rule is the no regulatory language dealing with the entirety and/or conduct a negotiated same as that used in part 250. Secretary’s review or approval of permit rulemaking, citing adverse effects on the applications or time limits to take action oil and gas industry, including oil and The definition of third party was on applications. While section 11 of the gas producers, independent oil and gas clarified to include all persons who, by OCSLA authorizes the Secretary to issue companies, and geophysical service whatever means, obtained from permits for exploration, it does not companies, accompanied by a permittees or other third parties G&G require the Secretary to set forth time significant reduction in the amount of data or information collected under a limits to issue permits. The authority to data collection and exploration by permit. review and approve permit applications industry. The definition of you was changed in is delegated to the appropriate MMS MMS has decided to proceed with the response to comments that the Regional Director who exercises this final rule after carefully considering all definition in the proposed rule was too authority under §§ 251.5 and 251.7, and written comments on the proposed vague and broad and should not include sets the administrative time limits to rulemaking and after lengthy persons who only inquire about a review and approve permit applications. discussions with industry at the permit or Notice. You also applies to Time limits may vary in each OCS meetings in Washington, D.C., and New third parties who assume certain Region. Response times to permit Orleans, Louisiana. MMS appreciates responsibilities under §§ 251.11 and applications have not been an issue in the candor and scope of the many 251.12. the past. 67280 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

Section 251.4 Types of G&G Activities ‘‘property’’ is added to § 251.6(a)(2) to part 250. Also, as mentioned previously, That Require Permits or Notices make the obligation under this part new definitions related to Several commenters asked whether conform with the standards in part 250 archaeological resources were added in commercial G&G research related to which apply to operations under a lease, the definitions section to better explain developing or testing new equipment or right of use or easement, or right-of-way. the requirements of this section. Several commenters objected to the techniques would require a permit or wording of § 251.6(a)(7) which removed Section 251.8 Inspection and could be conducted under a Notice. As the word ‘‘unreasonably’’ from the Reporting Requirements for Activities mentioned earlier, MMS believes that a requirement to not interfere with or Under a Permit Notice is not appropriate for commercial cause harm to other users of an area. We G&G activities. Basically, whether the One commenter questioned our agree, and ‘‘unreasonably’’ will be re- G&G company calls the activity proposed removal of the word ‘‘actual’’ inserted before the word ‘‘interfere’. ‘‘research’’ or ‘‘exploration’’ is not from the term ‘‘actual costs’’ in Several commenters objected to new determining the amount of important. A permit is required if the wording in § 251.6(c) that requires data collected from the ‘‘research’’ reimbursement to a permittee when entities conducting G&G operations to MMS inspectors are required to be activity can be used in exploration for consult with and coordinate their oil, gas, or sulphur, or if the ‘‘research’’ accommodated during activities operational activities with specific users authorized under part 251. The point of activity involves solid or liquid of an area. The commenters argued that explosives, or deep stratigraphic tests. the proposed change was to impose a consultation is not always practicable 90-day time limit for reimbursement Other research activities that only and that, in certain cases, proprietary involve developing or testing new requests so that MMS can quickly clear information regarding the timing and such expenses. Permittees will be equipment or techniques do not require location of planned surveys would be a permit. reimbursed for actual expenses incurred unfairly revealed to competitors. The as long as their request for The underlying concern of the wording has been changed to reflect that commenters, however, seemed to be reimbursement is made within the 90- MMS’s intent is for companies to day period. whether they were required to give consult and coordinate their G&G MMS the testing and development work Some commenters noted that there activities solely for navigational and was no provision in § 251.8(b) for they perform when a permit is required. safety purposes. MMS also recognizes Generally, descriptions of new permittees to make oral requests to that the International Association of MMS for modifications to their equipment, techniques, computer Geophysical Contractors acts on behalf programs with a followup in writing, hardware/software, or the results of tests of the geophysical survey companies to although § 251.4(b)(2) allows a person to on those items do not need to be given coordinate its members’ activities file a Notice orally with a followup in to MMS. However, if these items were through a time sharing system to writing if circumstances preclude a 30- used to produce G&G data and promote safe operations and protect day advance written Notice. MMS information which must be submitted to members’ proprietary survey designs recognizes that there are circumstances MMS, it may be necessary to provide and plans. some explanatory information to MMS Several commenters objected to when written requests to modify in order to allow the agency to properly proposed language which expands the programs are not practicable, and that evaluate the data and information. use of the best available and safest an oral request with a written followup technologies (BAST) beyond the area of could be acceptable in such cases. The Section 251.5 Applying for Permits or wording in § 251.8(b) is changed to Filing Notices test drilling requirements. The wording in § 251.6(d) is changed to make clear allow for such oral requests, but we One commenter, addressing that the BAST requirement only applies want to emphasize that oral requests for § 251.5(c)(7), noted that collaboration on to shallow test drilling and deep modifications should only be made research between industry and stratigraphic test drilling conducted when necessary. universities may make it difficult to under a permit. One commenter sought clarification estimate the ‘‘earliest time’’ that data as to the beginning date of the 30-day will be available to the public. MMS Section 251.7 Test Drilling Activities period to submit a final report under recognizes this difficulty and only Under a Permit § 251.8(c)(2). The revised wording requires a good faith estimate of the One commenter suggested deleting indicates that a final report of time that scientific research data and § 251.7(a)(2), stating that MMS cannot exploration or scientific research information will be released to the mandate compliance of shallow test activities under a permit is due within public. To alleviate these concerns, drilling activities with requirements of 30 days after completion of ‘‘acquisition MMS has inserted the word the Coastal Zone Management Act activities.’’ ‘‘practicable’’ between ‘‘earliest’’ and (CZMA). We agree that MMS cannot Section 251.9 Temporarily Stopping, ‘‘time’’ to conform with the wording establish requirements under the Canceling, or Relinquishing Activities used in part 251 since 1976. auspices of the CZMA. However, we Approved Under a Permit disagree that the proposed language Section 251.6 Obligations and Rights creates a new mandate. Section This section sets out the situation Under a Permit or a Notice. 251.7(a)(2) simply advises permit under which MMS will halt ongoing One commenter objected to the use of applicants that MMS may require permit activities. Section 251.9(a)(2) ‘‘human environment’’ in § 251.6(a)(2), submittal of consistency certification was changed to include G&G data and citing subjective judgments regarding when a federally approved coastal information in the examples of items the term ‘‘quality of life’’, which was management program requires required by MMS which, if not part of the proposed definition of consistency review. submitted, could constitute a failure to ‘‘human environment.’’ The definition Section 251.7(b)(5), ‘‘Protecting comply with applicable law, regulation, of ‘‘human environment’’ was not archaeological resources,’’ is revised in order, or provision of a permit and changed in response to this and other the final rule to make the wording result in MMS halting the permit comments. However, the word conform with similar requirements in activities. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67281

Section 251.10 Penalties and Appeals Section 251.12 Inspection, Selection, notify the Regional Supervisor when a and Submission of Geophysical Data permittee provides geophysical data or No comments were received regarding and Information Collected Under a processed information to a third party, § 251.10. Permit and Processed by Permittees or or a third party provides data and Section 251.11 Inspection, Selection, Third Parties information received from a permittee to and Submission of Geological Data and Similar to the comments on another third party, has been in place since part 251 was added to Title 30 of Information Collected Under a Permit § 251.11(a)(1), many commenters the Code of Federal Regulations, and Processed by Permittees or Third objected to the requirement in effective June 11, 1976. § 251.12(a)(1) that a permittee notify the Parties MMS has always considered a license Regional Director ‘‘immediately’’ after agreement a form of transfer or Several commenters objected to the initially acquiring, processing, and proposed requirement in § 251.11(a)(1) exchange, as are a sale, trade, or other interpreting any geophysical data and agreement between a permittee and a that a permittee notify the Regional information collected under a permit, third party. In order to clarify any Director ‘‘immediately’’ after acquiring, again citing excessive costs and other confusion resulting from industry’s analyzing, processing, or interpreting burdens. MMS agrees. The wording is interpretation of what constitutes a geological data and information, citing changed to require the permittee to transfer, MMS has revised the language excessive paperwork and other burdens. notify the Regional Director after of the regulation to make clear that the MMS agrees. The wording has been completion of the initial processing and obligations under §§ 251.11 and 251.12 changed to require the permittee to interpretation of geophysical data and are triggered whenever a third party notify the Regional Director after information collected under a permit. obtains by any means data and completion of the initial analysis, MMS does not intend to require information collected under a permit. processing, and interpretation of continual notification of every step of However, in an effort to alleviate geological data and information initial processing and interpretation. In industry concerns over the burden and collected under a permit. MMS does not addition, the reference in § 251.12(a)(1) cost of reporting all license agreements, require continual notification of every to acquisition of geophysical data is MMS will require identification of third analysis, processing, and interpretation. redundant and removed, since the parties who obtain data and information requirement for reporting acquisition of under licensing agreements only in Furthermore, the reference in geophysical data also resides in response to a written request by MMS § 251.11(a)(1) to acquisition of § 251.8(c)(2). to the permittee, or to the third party geological data is redundant and was Some commenters questioned the which licensed the data to another third therefore removed, since the provisions in §§ 251.12(c)(2) and party. requirement for reporting acquisition of 251.12(c)(3) which require that The commenters also questioned the geological data resides in § 251.8(c)(2). processed geophysical information be statutory authority of MMS to acquire Some commenters objected to the submitted to MMS in a ‘‘quality’’ format G&G data and information from third proposed wording in § 251.11(c)(1) suitable for processing or interpretive parties who obtain the data and which requires a record of all geological evaluation. There was a information under a license agreement. data and information, ‘‘describing each misunderstanding as to what was meant The authority for obtaining data and by ‘‘quality’’ format. Here ‘‘quality’’ operation of analysis, processing, and information that were collected under a means the same level of format used by interpretation.’’ The commenters permit and further processed by a third a permittee or third party in the normal considered this a shift of MMS focus party is at section 11 of the OCSLA (43 course of their business. U.S.C. 1340 (a)(1)). This section from geological information, as defined Some commenters questioned provides that only persons ‘‘authorized’’ in part 251, to descriptions of the whether MMS was seeking ‘‘black box’’ by the Secretary may conduct G&G technologies and techniques used to technologies that are privileged and activities on the OCS. In the absence of arrive at processed, analyzed, or proprietary to the person submitting the a lease, MMS ‘‘authorization’’ is the interpreted information. It is not the G&G data and information. MMS ‘‘permit.’’ intent of MMS to acquire from industry requires only the information, including One of the terms of the permit is the these types of proprietary or a detailed format, necessary to load permittee’s agreement to provide MMS confidential technical information. digital data and information. MMS does with all of the data and information Therefore, MMS will require only a not request nor seek proprietary collected, interpretations, etc., and to description of each ‘‘type’’ of analysis, software or procedures used to prepare identify third parties. The regulations in processing, or interpretation, as the data and information. turn, at former §§ 251.11(c) and 251.12 (c) required the recipients of those data specified in a G&G permit. Third Party Issues Several commenters objected to the and information or interpretation to Several commenters strongly objected accept those same permit obligations as provisions in § 251.11(d), relating to the to §§ 251.11(d) and 251.12(d), which a condition of receipt. Third party obligations of permittees and third clarify the permit obligations placed on recipients are still subject to the parties who obtain geological data and both the permittee and the third party regulatory requirements of a permittee information. Since the requirements of when geological and geophysical data in the revised §§ 251.11 and 251.12, this section are similar to § 251.12(d), and information are transferred by any including the obligation to submit G&G we have combined our discussion of means to a third party. Most data and information for inspection and those two sections. Please see the commenters argued that the provisions possible retention by MMS. section titled ‘‘Third Party Issues’’ for a of §§ 251.11 and 251.12 should not Several commenters stated that there complete discussion of obligations apply to third parties who obtain G&G would be an additional administrative when G&G data and information data and information from permittees burden on third parties who would be collected under a permit are obtained by through a license agreement since no required to submit such data and a third party. ‘‘transfer’’ of data and information takes information to MMS for inspection and place. We disagree. The obligation to possible retention, than is the case 67282 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations under the current regulations. We applicant is unwilling to agree, they procedures.’’ Furthermore, MMS now acknowledge an increase in have the choice of not obtaining the needs to clarify and finalize the process administrative work and costs to third permit. Third parties who agree to the of obtaining G&G data and information parties. However, MMS does not requirements can obtain the data from collected under permits for all of the consider the extra burden under the the permittees. Those who choose not to OCS, not only the Gulf of Mexico. revised rule to be significant. agree also have an option. They simply Section 251.14 Protecting and Furthermore, the requirement for third cannot accept the data without also Disclosing Data and Information parties to submit data and information accepting the obligation imposed by the Submitted to MMS Under a Permit is not new relative to the requirement of permit. the existing regulations. MMS does Several commenters expressed Some commenters recommended that anticipate a larger percentage of its data concern about revealing to MMS the the Director, MMS, rather than the needs coming from third parties. identity of third parties who obtained appropriate Regional Director, be However, we anticipate that most of data and information from permittees. responsible for the provisions of MMS’ future data needs will continue to The commenters noted that public § 251.14(c), the procedure that MMS come directly from permittees, who disclosure of a third party’s identity, or follows to disclose acquired data and have provided over 95 percent of the areas on the OCS for which the third information to a contractor for processed seismic information that party obtained data, could jeopardize a reproduction, processing, and MMS has acquired on the OCS. third party’s competitive position and interpretation. The commenters argued Some commenters also claimed that reveal business strategies of operating that wrongful disclosure of data could the proposed language would require and obtaining leases on the OCS. MMS have disastrous consequences from a that third parties assume all agrees that public disclosure of a third competitive standpoint, and that responsibilities of permittees, including party’s business interests and strategies, ensuring that the top official of MMS is operational and environmental or of other privileged and proprietary bound by all applicable laws and requirements. That is not the intent of information, would have a deleterious regulations regarding dissemination of MMS. The responsibilities of third effect on third parties. Such information the data would better protect data. We parties to whom data and information has been protected in the past by MMS, feel that it is unnecessary to specify that were transferred from permittees have and we are reaffirming through these only the Director be responsible for always been limited to the data regulations that such information would disclosure of data or that only the submittal sections of part 251, continue to be protected by MMS as Director can notify the proper party of specifically §§ 251.11 and 251.12. The trade secrets or confidential business disclosure of data to contractors for final rule has been modified so that information which are exempt from the authorized purposes. The Director is third parties who obtained data and Freedom of Information Act and not still responsible for actions of information are exempt from the subject to release under regulations subordinates acting in an official §§ 251.11(a)(1) and 251.12(a)(1) which come under the purview of MMS. capacity. requirement of automatic notification to A new provision in § 251.14(a)(3) Section 251.14(c) was changed to MMS. This exemption is a change from provides further protection for third clarify that the person, whether a the proposed rulemaking and from party recipients of data and information permittee or third party, who submitted previous final rulemakings and will ease collected under permits. Under this the data and information under the potential administrative burdens on provision, MMS will keep confidential §§ 251.11 or 251.12 will be advised by third parties. the identities of third party recipients MMS of any contemplated disclosure to Several commenters objected to the and will not release these identities a contractor for reproduction, provisions that required third parties to unless both the permittee and the third processing, and interpretation. submit data and information obtained parties agree to the disclosure. In this rulemaking, MMS is also from permittees to MMS, arguing that Several commenters suggested that making two corrections in 30 CFR part the terms of license agreements will be MMS continue using the ‘‘trial 250. violated and/or license agreements will procedures’’ set up in 1995 between The first correction is to § 250.209(c). have to be rewritten to accommodate MMS and industry as a mechanism for This technical amendment amends the submittal to MMS, resulting in a large leases in the Gulf of Mexico. Under citation in (c) from ‘‘43 CFR part 62 paperwork burden. MMS has always these procedures, bidders on a subpart D’’ to ‘‘43 CFR part 12 subpart required that third parties assume all particular tract were required to submit D.’’ The second correction is to subpart the data submittal obligations of a to MMS specific seismic information O. The numbering of subpart O will be permittee if data and information are collected under a permit and processed moved down one. The subpart will transferred to the third party by a by the bidder (a third party). While begin at § 250.210 and end at § 250.234. permittee. License agreements should some of the commenters acknowledged Authors: David R. Zinzer, Resource therefore have always reflected the problems with implementation of the Evaluation Division, and Kumkum Ray, possibility of submittal of data and ‘‘trial procedures,’’ they encouraged Rules Processing Team. information to MMS by third parties. MMS to pursue improvements instead Some commenters stated that the of proceeding with this final rule. Executive Order (E.O.) 12866 acquisition of G&G data and information MMS has always considered the ‘‘trial This rule is not significant under E.O. by MMS from third parties who procedures’’ to be temporary and has 12866, ‘‘Regulatory Planning and obtained the data under license indicated such to industry. In the two Review,’’ and does not require a review agreements is a taking of private meetings with industry, MMS cited by the Office of Management and property. MMS disagrees. Applicants for instances of noncompliance, in some Budget (OMB). Most revisions to the a permit accept, as part of the permit cases perhaps deliberate, with the rule are generally nonsubstantive terms, an obligation to provide data provisions of the ‘‘trial procedures.’’ It changes and will have a negligible obtained under the permit to MMS. In is now also becoming apparent that economic effect on the oil, gas, sulphur, addition, applicants agree to require that there are data necessary for a thorough and mining industries or scientific any third party who obtains the data assessment of tracts receiving bids that researchers. Bonding requirements in accept those same obligations. If an are not available under the ‘‘trial the rule affect G&G exploration costs as Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67283 outlined below. MMS estimated the reporting requirements which information collection requirements in economic effects by assuming that one represents a small increase. The this final rule and have determined that deep stratigraphic well will be drilled increased burden is not on the oil and there is no significant change from the per year, based on past history of gas industry, but for entities involved in currently approved collection of frequency of wells drilled. Bonding scientific research. information for the proposed rule. The requirements for single deep The increased reporting requirement estimated annual burden for this stratigraphic wells recently increased contained in these regulations relates to collection of information is 10,604 from $50,000 to $200,000; at a 2-percent the filing of a Notice for all scientific hours, an average of 7.7 hour per maximum rate, the bonding cost research involving geological and response. recently increased from $1,000 to geophysical activities. Previously, the $4,000. requirement for a Notice existed solely Takings Implication Assessment MMS does not expect that any for certain geological scientific research company will drill enough deep activities, namely shallow test drilling. The rule does not represent a stratigraphic wells to warrant an area We estimate that the new requirement government action capable of bond. If a company did want an area will result in the filing of an additional interference with constitutionally bond, then the bonding requirement two to four Notices annually, all from protected property rights. A new would increase from $300,000 to small entities: 24 to 36 hours; $840 to requirement in the rule is a Notice for $1,000,000; at a 2-percent maximum $1,260. scientific research in the OCS. Since rate, the bonding cost would increase Several commenters on the proposed MMS is not requiring the researcher to from $6,000 to $20,000. Since this regulations commented on the extreme submit data and information or analyses increase in bonding cost will not have burden that would be imposed on the resulting from the research activity, a major economic effect (less than $100 oil and gas industry if they were made there is no direct or indirect taking. to comply with our clarification of million), the proposed rule is not The rule also clarifies the obligations ‘‘transfer.’’ They alluded to the need to considered an economically significant of a third party. When a permittee rule. Additionally, the proposed modify the large number of existing data transfers data and information to a third revisions will not create a serious licenses. MMS does not agree with the party, there is a transfer of the obligation inconsistency or otherwise interfere contention that there is a material to provide access to MMS as well. with an action taken or planned by change in the definition. We maintain another agency, materially alter the that the requirement is unchanged from Further, the recipient of the data and budgetary impact of entitlements, the existing regulations. To the extent information is subject to the same grants, user fees, or loan programs, or existing licenses need to be revised we penalty provisions as the original raise novel legal or policy issues. believe the burden and cost of this permittee—if a third party fails to revision will not be incurred directly by provide access. These clarifications Regulatory Flexibility Act small business entities. MMS will, better define existing requirements and The changes to 30 CFR part 251 will however, be making requests directly to add no new requirements. not have a significant economic effect small business entities. These new Other changes are not substantive or on the oil and gas industry or small requests will be offset in part by were made to put the regulation into business entities. The final rulemaking elimination of the current procedures. plain English. Thus, a Takings MMS concludes that complying with may involve small businesses or other Implication Assessment need not be these regulations will not have a small entities if they desire to perform prepared pursuant to E.O. 12630, substantial or significant effect on small geological or geophysical exploration or ‘‘Governmental Actions and Interference business entities operating on the OCS. scientific research on the OCS. The with Constitutionally Protected Property Small Business Administration defines MMS in its existing approved Rights.’’ a small business as having: information collection budget estimated • Annual revenues of $5 million or the total burden in complying with Unfunded Mandates Reform Act of less for exploration service and field these regulations is 10,604 hours for a 1995 service companies; total of $371,140. Our estimate of the • Less than 500 employees for annual burden to small business entities DOI has determined and certifies drilling companies and for companies is approximately 1,060 hours at a cost according to the Unfunded Mandates that extract oil, gas, or natural gas of $37,100. This represents about 10 Reform Act, 2 U.S.C. 1502 et seq., that liquids. percent of the total compliance burden. this rule will not impose a cost of $100 However, a typical exploratory well in These costs are insignificant given the million or more in any given year on the shallow waters of the Gulf of Mexico fiscal resources required to perform local, tribal, and State governments, or costs more than $2.7 million to drill; exploration and development activities the private sector. and the acquisition and processing of a on the OCS. Furthermore, virtually all of single block (9 sq. mi) of exclusive 3D this burden existed under the old rule. E.O. 12988 seismic data could cost as much as $1 DOI has certified to OMB that the rule million. Because of the technical and Paperwork Reduction Act meets the applicable reform standards financial resources needed to perform As required by the Paperwork provided in sections 3(a) and 3(b)(2) of these activities offshore, the majority of Reduction Act of 1995 (44 U.S.C. 3501 E.O. 12988, ‘‘Civil Justice Reform.’’ entities conducting these activities are et seq.), we submitted the collection of not considered small. information contained in the proposed National Environmental Policy Act The primary economic effect on small rule to OMB. The OMB approved the businesses is the cost associated with information collection requirements in DOI has also determined that this information collection activities. The proposed 30 CFR part 251, Geological action does not constitute a major final rulemaking contains virtually all of and Geophysical (G&G) Explorations of Federal action affecting the quality of the same reporting requirements and the Outer Continental Shelf and the human environment; therefore, an attendant costs as the existing assigned OMB control number 1010– Environmental Impact Statement is not regulations. There is only one change in 0048. We have examined the required. 67284 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

List of Subjects 251.4 Types of G&G activities that require (including the waters therein and permits or Notices. thereunder), strongly influenced by each 30 CFR Part 250 251.5 Applying for permits or filing other and in proximity to the shorelines Continental shelf, Environmental Notices. of the several coastal States and extends 251.6 Obligations and rights under a permit impact statements, Environmental or a Notice. seaward to the outer limit of the U.S. protection, Government contracts, 251.7 Test drilling activities under a permit. territorial sea. Incorporation by reference, 251.8 Inspection and reporting Coastal Zone Management Act means Investigations, Mineral royalties, Oil requirements for activities under a the Coastal Zone Management Act of and gas development and production, permit. 1972, as amended (16 U.S.C. 1451 et Oil and gas exploration, Oil and gas 251.9 Temporarily stopping, canceling, or seq.). reserves, Penalties, Pipelines, Public relinquishing activities approved under a Data means facts, statistics, lands—mineral resources, Public permit. measurements, or samples that have not 251.10 Penalties and appeals. been analyzed, processed, or lands—rights-of-way, Reporting and 251.11 Submission, inspection, and recordkeeping requirements, Sulphur selection of geological data and interpreted. development and production, Sulphur information collected under a permit and Deep stratigraphic test means drilling exploration, Surety bonds. processed by permittees or third parties. that involves the penetration into the 251.12 Submission, inspection, and sea bottom of more than 500 feet (152 30 CFR Part 251 selection of geophysical data and meters). Continental shelf, Freedom of information collected under a permit and Director means the Director of the information, Oil and gas exploration, processed by permittees or third parties. Minerals Management Service, U.S. Public lands— mineral resources, 251.13 Reimbursement for the cost of Department of the Interior, or a reproducing data and information and subordinate authorized to act on the Reporting and recordkeeping certain processing costs. requirements, Research. Director’s behalf. 251.14 Protecting and disclosing data and Exploration means the commercial information submitted to MMS under a Dated: December 16, 1997. search for oil, gas, and sulphur. Bob Armstrong, permit. 251.15 Authority for information collection. Activities classified as exploration Assistant Secretary, Land and Minerals Authority: 43 U.S.C. 1331 et seq. include, but are not limited to: Management. (1) Geological and geophysical marine For the reasons stated in the § 251.1 Definitions. and airborne surveys where magnetic, preamble, Minerals Management Terms used in this part have the gravity, seismic reflection, seismic Service (MMS) amends 30 CFR parts following meaning: refraction, gas sniffers, coring, or other 250 and 251 to read as follows: Act means the Outer Continental systems are used to detect or imply the Shelf Lands Act (OCSLA), as amended presence of oil, gas, or sulphur; and PART 250ÐOIL AND GAS AND (43 U.S.C. 1331 et seq.). (2) Any drilling, whether on or off a SULPHUR OPERATIONS IN THE Analyzed geological information geological structure. OUTER CONTINENTAL SHELF means data collected under a permit or Geological and geophysical scientific a lease that have been analyzed. research means any oil, gas, or sulphur 1. The authority citation for part 250 Analysis may include, but is not limited related investigation conducted in the continues to read as follows: to, identification of lithologic and fossil OCS for scientific and/or research Authority: 43 U.S.C. 1334. content, core analyses, laboratory purposes. Geological, geophysical, and analyses of physical and chemical geochemical data and information Subpart NÐOuter Continental Shelf properties, well logs or charts, results gathered and analyzed are made (OCS) Civil Penalties from formation fluid tests, and available to the public for inspection 2. Section 250.209 paragraph (c) is descriptions of hydrocarbon and reproduction at the earliest revised as follows: occurrences or hazardous conditions. practicable time. The term does not Archaeological interest means capable include commercial geological or § 250.209 What are my rights? of providing scientific or humanistic geophysical exploration or research. * * * * * understanding of past human behavior, Geological exploration means (c) * * * The Department of Interior’s cultural adaptation, and related topics exploration that uses geological and regulations implementing these through the application of scientific or geochemical techniques (e.g., coring and authorities are found at 43 CFR part 12 scholarly techniques, such as controlled test drilling, well logging, and bottom subpart D. observation, contextual measurements, sampling) to produce data and controlled collection, analysis, information on oil, gas, and sulphur Subpart OÐTraining interpretation, and explanation. resources in support of possible Archaeological resources means any exploration and development activities. 3. In subpart O, §§ 250.209 through material remains of human life or The term does not include geological 250.233 are redesignated as §§ 250.210 activities that are at least 50 years of age scientific research. through 250.234, respectively. and of archaeological interest. Geophysical exploration means 4. 30 CFR part 251 is revised to read Coastal environment means the exploration that utilizes geophysical as follows: physical, atmospheric, and biological techniques (e.g., gravity, magnetic, or components, conditions, and factors seismic) to produce data and PART 251ÐGEOLOGICAL AND that interactively determine the information on oil, gas, and sulphur GEOPHYSICAL (G&G) EXPLORATIONS productivity, state, condition, and resources in support of possible OF THE OUTER CONTINENTAL SHELF quality of the terrestrial ecosystem from exploration and development activities. Sec. the shoreline inward to the boundaries The term does not include geophysical 251.1 Definitions. of the coastal zone. scientific research. 251.2 Purpose of this part. Coastal Zone means the coastal Governor means the Governor of a 251.3 Authority and applicability of this waters (including the lands therein and State or the person or entity lawfully part. thereunder) and the adjacent shorelands designated to exercise the powers Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67285 granted to a Governor pursuant to the defined in section 103 of the Federal parameters for the detailed study of a Act. Land Policy and Management Act of specific problem area. Human environment means the 1976 (43 U.S.C. 1702). Secretary means the Secretary of the physical, social, and economic Notice means a written statement of Interior or a subordinate authorized to components, conditions, and factors intent to conduct geological or act on the Secretary’s behalf. which interactively determine the state, geophysical scientific research related to Shallow test drilling means drilling condition, and quality of living oil, gas, and sulphur in the OCS other into the sea bottom to depths less than conditions, employment, and health of than under a permit. those specified in the definition of a those affected, directly or indirectly, by Oil, gas, and sulphur mean oil, gas, deep stratigraphic test. activities occurring on the OCS. sulphur, geopressured-geothermal, and Significant archaeological resource Hydrocarbon occurrence means the associated resources. means those archaeological resources direct or indirect detection during Outer Continental Shelf (OCS) means that meet the criteria of significance for drilling operations of any liquid or all submerged lands lying seaward and eligibility to the National Register of gaseous hydrocarbons by examination of outside the area of lands beneath Historic Places as defined in 36 CFR well cuttings, cores, gas detector navigable waters as defined in section 2 60.4. readings, formation fluid tests, wireline of the Submerged Lands Act (43 U.S.C. Third Party means any person other logs, or by any other means. The term 1301), and of which the subsoil and than the permittee or a representative of does not include background gas, minor seabed appertain to the United States the United States, including all persons accumulations of gas, or heavy oil and are subject to its jurisdiction and who obtain data or information acquired residues on cuttings and cores. control. under a permit from the permittee, or Information means geological and Permit means the contract or from another third party, by sale, trade, geophysical data that have been agreement, other than a lease, issued license agreement, or other means. analyzed, processed, or interpreted. pursuant to this part, under which a Violation means a failure to comply Interpreted geological information person acquires the right to conduct on with any provision of the Act, or a means knowledge, often in the form of the OCS, in accordance with provision of a regulation or order issued schematic cross sections, 3-dimensional appropriate statutes, regulations, and under the Act, or any provision of a representations, and maps, developed stipulations: lease, license, or permit issued under by determining the geological (1) Geological exploration for mineral the Act. significance of geological data and resources; You means a person who applies for analyzed and processed geologic (2) Geophysical exploration for and/or obtains a permit, or files a Notice information. mineral resources; to conduct geological or geophysical Interpreted geophysical information (3) Geological scientific research; or exploration or scientific research related means knowledge, often in the form of (4) Geophysical scientific research. to oil, gas, and sulphur in the OCS. Permittee means the person seismic cross sections, 3-dimensional § 251.2 Purpose of this part. representations, and maps, developed authorized by a permit issued pursuant to this part to conduct activities on the (a) To allow you to conduct G&G by determining the geological activities in the OCS related to oil, gas, significance of geophysical data and OCS. Person means a citizen or national of and sulphur on unleased lands or on processed geophysical information. lands under lease to a third party. Lease means an agreement which is the United States; an alien lawfully admitted for permanent residence in the (b) To ensure that you carry out G&G issued under section 8 or maintained activities in a safe and environmentally under section 6 of the Act and which United States as defined in section 8 U.S.C. 1101(a)(20); a private, public, or sound manner so as to prevent harm or authorizes exploration for, and damage to, or waste of, any natural development and production of, municipal corporation organized under the laws of the United States or of any resources (including any mineral minerals or the area covered by that deposit in areas leased or not leased), authorization, whichever is required by State or territory thereof; and associations of such citizens, nationals, any life (including fish and other the context. aquatic life), property, or the marine, Lessee means a person who has resident aliens, or private, public, or municipal corporations, States, or coastal, or human environment. entered into, or is the MMS approved (c) To inform you and third parties of political subdivisions of States or assignee of, a lease with the United your legal and contractual obligations. States to explore for, develop, and anyone operating in a manner provided (d) To inform you and third parties of produce the leased minerals. The term for by treaty or other applicable the U.S. Government’s rights to access ‘‘lessee’’ also includes an owner of international agreements. The term does G&G data and information collected operating rights. not include Federal agencies. under permit in the OCS, Processed geological or geophysical Marine environment means the reimbursement for submittal of data and information means data collected under physical, atmospheric, and biological information, and the proprietary terms a permit and later processed or components, conditions, and factors of data and information submitted to, reprocessed. Processing involves that interactively determine the quality and retained by, MMS. of the marine ecosystem in the coastal changing the form of data so as to zone and in the OCS. facilitate interpretation. Processing § 251.3 Authority and applicability of this Material remains mean physical operations may include, but are not part. evidence of human habitation, limited to, applying corrections for MMS authorizes you to conduct occupation, use, or activity, including known perturbing causes, rearranging or exploration or scientific research the site, location, or context in which filtering data, and combining or activities under this part in accordance such evidence is situated. transforming data elements. with the Act, the regulations in this Minerals mean oil, gas, sulphur, Reprocessing is the additional part, orders of the Director/Regional geopressured-geothermal and associated processing other than ordinary Director, and other applicable statutes, resources, and all other minerals which processing used in the general course of regulations, and amendments. are authorized by an Act of Congress to evaluation. Reprocessing operations (a) This part does not apply to G&G be produced from public lands as may include varying identified exploration conducted by or on behalf 67286 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations of the lessee on a lease in the OCS. Refer (4) The location in the OCS, indicated (6) Create hazardous or unsafe to 30 CFR part 250 if you plan to on a map, plat, or chart, where you will conditions; or conduct G&G activities related to oil, conduct research; (7) Unreasonably interfere with or gas, or sulphur under terms of a lease. (5) The proposed dates you project for cause harm to other uses of the area. (b) Federal agencies are exempt from your research activity to start and end; (b) You must immediately report to the regulations in this part. (6) The name, registry number, the Regional Director if you: (c) G&G exploration or G&G scientific registered owner, and port of registry of (1) Detect hydrocarbon occurrences; research related to minerals other than vessels used in the operation; (2) Detect environmental hazards oil, gas, and sulphur is covered by (7) The earliest practicable time you which imminently threaten life and regulations at 30 CFR part 280. expect to make the data and information property; or resulting from your research activity (3) Adversely affect the environment, § 251.4 Types of G&G activities that available to the public; aquatic life, archaeological resources, or require permits or Notices. (8) Your plan of how you will make other uses of the area where you are (a) Exploration. You must have an the data and information you collected conducting exploration or scientific MMS-approved permit to conduct G&G available to the public; research activities. exploration, including deep (9) That you and others involved will (c) You must also consult and stratigraphic tests, for oil, gas, or not sell or withhold for exclusive use coordinate your G&G activities with sulphur resources. If you conduct both the data and information resulting from other users of the area for navigation geological and geophysical exploration, your research; and and safety purposes. (d) Any persons conducting shallow you must have a separate permit for (10) At your option, you may submit test drilling or deep stratigraphic test each. (as a substitute for the material required drilling activities under a permit must (b) Scientific research. You may only in paragraphs (c)(7), (c)(8), and (c)(9) of use the best available and safest conduct G&G scientific research related this section) the nonexclusive use technologies that the Regional Director to oil, gas, and sulphur in the OCS after agreement for scientific research determines to be economically feasible. you obtain an MMS-approved permit or attachment to Form 327. file a Notice. (e) You may not claim any oil, gas, (d) Filing locations. You must apply sulphur, or other minerals you discover (1) Permit. You must obtain a permit for a permit or file a Notice at one of the if the research activities you propose to while conducting operations under a following locations: permit or Notice. conduct involve: (1) For the OCS off the State of (i) Using solid or liquid explosives; Alaska—the Regional Supervisor for § 251.7 Test drilling activities under a (ii) Drilling a deep stratigraphic test; Resource Evaluation, Minerals permit. or Management Service, Alaska OCS (a) Shallow test drilling. Before you (iii) Developing data and information Region, 949 East 36th Avenue, begin shallow test drilling under a for proprietary use or sale. Anchorage, Alaska 99508–4302. permit, the Regional Director may (2) Notice. Any other G&G scientific (2) For the OCS off the Atlantic Coast require you to: research that you conduct related to oil, and in the Gulf of Mexico—the Regional (1) Gather and submit seismic, gas, and sulphur in the OCS requires Supervisor for Resource Evaluation, bathymetric, sidescan sonar, you to file a Notice with the Regional Minerals Management Service, Gulf of magnetometer, or other geophysical data Director at least 30 days before you Mexico OCS Region, 1201 Elmwood and information to determine shallow begin. If circumstances preclude a 30- Park Boulevard, New Orleans, Louisiana structural detail across and in the day Notice, you must provide oral 70123–2394. vicinity of the proposed test. notification and followup in writing. (3) For the OCS off the coast of the (2) Submit information for coastal You must also inform MMS in writing States of California, Oregon, zone consistency certification according when you conclude your work. Washington, or Hawaii—the Regional to paragraphs (b)(3) and (b)(4) of this section, and for protecting § 251.5 Applying for permits or filing Supervisor for Resource Evaluation, Notices. Minerals Management Service, Pacific archaeological resources according to OCS Region, 770 Paseo Camarillo, paragraph (b)(5) of this section. (a) Permits. You must submit a signed Camarillo, California 93010–6064. (3) Allow all interested parties the original and three copies of the MMS opportunity to participate in the permit application form (Form MMS– § 251.6 Obligations and rights under a shallow test according to paragraph (c) 327). The form includes names of permit or a Notice. of this section, and meet bonding persons, type, location, purpose, and While conducting G&G exploration or requirements according to paragraph (d) dates of activity, and environmental and scientific research activities under MMS of this section. other information. permit or Notice: (b) Deep stratigraphic tests. You must (b) Disapproval of permit application. (a) You must not: submit to the appropriate Regional If MMS disapproves your application (1) Interfere with or endanger Director, at the address given in § 251.5, for a permit, the Regional Director will operations under any lease, right-of- a drilling plan, an environmental report, state the reasons for the denial and will way, easement, right-of-use, Notice, or and an application for permit to drill advise you of the changes needed to permit issued or maintained under the (Form MMS–123) as follows: obtain approval. Act; (1) Drilling plan. The drilling plan (c) Notices. You must sign and date a (2) Cause harm or damage to life must include: Notice and state: (including fish and other aquatic life), (i) The proposed type, sequence, and (1) The name(s) of the person(s) who property, or to the marine, coastal, or timetable of drilling activities; will conduct the proposed research; human environment; (ii) A description of your drilling rig, (2) The name(s) of any other person(s) (3) Cause harm or damage to any indicating the important features with participating in the proposed research, mineral resource (in areas leased or not special attention to safety, pollution including the sponsor; leased); prevention, oil-spill containment and (3) The type of research and a brief (4) Cause pollution; cleanup plans, and onshore disposal description of how you will conduct it; (5) Disturb archaeological resources; procedures; Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67287

(iii) The location of each deep (F) Other unusual or unique must be submitted to the Regional stratigraphic test you will conduct, characteristics that may affect or be Director for review. including the location of the surface and affected by the drilling activities. (ii) If the Regional Director determines projected bottomhole of the borehole; (iv) A description of the probable that an archaeological resource is likely (iv) The types of geological and impacts of the proposed action on the to be present in the area that may be geophysical survey instruments you will environment and the measures you affected by drilling, and may be use before and during drilling; propose for mitigating these impacts. adversely affected by drilling, the (v) Seismic, bathymetric, sidescan (v) A description of any unavoidable Regional Director will notify you sonar, magnetometer, or other or irreversible adverse effects on the immediately. You must take no action geophysical data and information environment that could occur. that may adversely affect the sufficient to evaluate seafloor (vi) Other relevant data that the archaeological resource unless further characteristics, shallow geologic Regional Director requires. investigations determine that the hazards, and structural detail across and (3) Copies for coastal States. You resource is not archaeologically in the vicinity of the proposed test to must submit copies of the drilling plan significant. the total depth of the proposed test well; and environmental report to the (iii) If you discover any archaeological and Regional Director for transmittal to the resource while drilling, you must (vi) Other relevant data and Governor of each affected coastal State immediately halt drilling and report the information that the Regional Director and the coastal zone management discovery to the Regional Director. If requires. agency of each affected coastal State that investigations determine that the (2) Environmental report. The has an approved program under the resource is significant, the Regional environmental report must include all Coastal Zone Management Act. (The Director will inform you how to protect of the following material: Regional Director will make the drilling it. (i) A summary with data and plan and environmental report available (6) Application for permit to drill information available at the time you to appropriate Federal agencies and the (APD). Before commencing deep submitted the related drilling plan. public according to the Department of stratigraphic test drilling activities MMS will consider site-specific data the Interior’s policies and procedures). under an approved drilling plan, you and information developed since the (4) Certification of coastal zone must submit an APD (Form MMS–123) most recent environmental impact management program consistency and and receive approval. You must comply statement or other environmental State concurrence. When required with all regulations relating to drilling impact analysis in the immediate area. under an approved coastal zone operations in 30 CFR part 250. The summary must meet the following management program of an affected (7) Revising an approved drilling requirements: State, your drilling plan must include a plan. Before you revise an approved (A) You must concentrate on the certification that the proposed activities drilling plan, you must obtain the issues specific to the site(s) of drilling described in the plan comply with Regional Director’s approval. activity. However, you only need to enforceable policies of, and will be (8) After drilling. When you complete summarize data and information conducted in a manner consistent with the test activities, you must discussed in any environmental reports, such State’s program. The Regional permanently plug and abandon the analyses, or impact statements prepared Director may not approve any of the boreholes of all deep stratigraphic tests for the geographic area of the drilling activities described in the drilling plan in compliance with 30 CFR part 250. If activity. unless the State concurs with the the tract on which you conducted a (B) You must list referenced material. consistency certification or the deep stratigraphic test is leased to Include brief descriptions and a Secretary of Commerce makes the another party for exploration and statement of where the material is finding authorized by section development, and if the lessee has not available for inspection. 307(c)(3)(B)(iii) of the Coastal Zone disturbed the borehole, MMS will hold (C) You must refer only to data that Management Act. you and not the lessee responsible for are available to MMS. (5) Protecting archaeological problems associated with the test hole. (ii) Details about your project such as: resources. If the Regional Director (9) Deadline for completing a deep (A) A list and description of new or believes that an archaeological resource stratigraphic test. If your deep unusual technologies; may exist in the area that may be stratigraphic test well is within 50 (B) The location of travel routes for affected by drilling, the Regional geographic miles of a tract that MMS supplies and personnel; Director will notify you of the need to has identified for a future lease sale, as (C) The kinds and approximate levels prepare an archaeological report. listed on the currently approved OCS of energy sources; (i) If the evidence suggests that an leasing schedule, you must complete all (D) The environmental monitoring archaeological resource may be present, drilling activities and submit the data systems; and you must: and information to the Regional Director (E) Suitable maps and diagrams (A) Locate the site of the drilling so at least 60 days before the first day of showing details of the proposed project as to not adversely affect the area where the month in which MMS schedules the layout. the archaeological resources may be, or lease sale. However, the Regional (iii) A description of the existing (B) Establish to the satisfaction of the Director may extend your permit environment. For this section, you must Regional Director that an archaeological duration to allow you to complete include the following information on resource does not exist or will not be drilling activities and submit data and the area: adversely affected by drilling. This must information if the extension is in the (A) Geology; be done by further archaeological national interest. (B) Physical oceanography; investigation, conducted by an (c) Group participation in test drilling. (C) Other uses of the area; archaeologist and a geophysicist, using MMS encourages group participation for (D) Flora and fauna; survey equipment and techniques deep stratigraphic tests. (E) Existing environmental monitoring deemed necessary by the Regional (1) Purpose of group participation. systems; and Director. A report on the investigation The purpose is to minimize duplicative 67288 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

G&G activities involving drilling into give other persons a chance to join as by the Regional Director, showing the the seabed of the OCS. original participants. areas and blocks in which any (2) Providing opportunity for (d) Bonding requirements. You must exploration or permitted scientific participation in a deep stratigraphic submit a bond under this part before research activities were conducted. test. When you propose to drill a deep you may start a deep stratigraphic test. Identify the lines of geophysical stratigraphic test, you must give all (1) Before MMS issues a permit traverses and their locations including a interested persons an opportunity to authorizing the drilling of a deep reference sufficient to identify the data participate in the test drilling through a stratigraphic test, you must either: produced during each activity. signed agreement on a cost-sharing (i) Furnish to MMS a bond of not less (iii) The dates on which you basis. You may include a penalty for than $200,000 that guarantees conducted the actual exploration or late participation of not more than 100 compliance with all the terms and scientific research activities. percent of the cost to each original conditions of the permit; or (iv) A summary of any: participant in addition to the original (ii) Maintain a $1 million bond that (A) Hydrocarbon or sulphur share cost. guarantees compliance with all the occurrences encountered; terms and conditions of the permit you (B) Environmental hazards; and (i) The participants must assess and hold for the OCS area where you (C) Adverse effects of the exploration distribute late participation penalties in propose to drill. or scientific research activities on the accordance with the terms of the (2) You must provide additional environment, aquatic life, agreement. security to MMS if the Regional Director archaeological resources, or other uses (ii) For a significant hydrocarbon determines that it is necessary for the of the area in which the activities were occurrence that the Regional Director permit or area. conducted. announces to the public, the penalty for (3) The Regional Director may require (v) Other descriptions of the activities subsequent late participants may be you to provide a bond, in an amount the conducted as specified by the Regional raised to not more than 300 percent of Regional Director prescribes, before Director. the cost of each original participant in authorizing you to drill a shallow test addition to the original share cost. well. § 251.9 Temporarily stopping, canceling, (3) Providing opportunity for or relinquishing activities approved under a (4) Your bond must be on a form permit. participation in a shallow test drilling approved by the Associate Director for project. When you apply to conduct Offshore Minerals Management. (a) MMS may temporarily stop shallow test drilling activities, you exploration or scientific research must, if ordered by the Regional § 251.8 Inspection and reporting activities under a permit when the Director or required by the permit, give requirements for activities under a permit. Regional Director determines that: all interested persons an opportunity to (a) Inspection of permit activities. You (1) Activities pose a threat of serious, participate in the test activity on a cost- must allow MMS representatives to irreparable, or immediate harm. This sharing basis. You may include a inspect your exploration or scientific includes damage to life (including fish penalty provision for late participation research activities under a permit. They and other aquatic life), property, any of not more than 50 percent of the cost will determine whether operations are mineral deposit (in areas leased or not to each original participant in addition adversely affecting the environment, leased), to the marine, coastal, or human to the original share cost. aquatic life, archaeological resources, or environment, or to an archaeological (4) Procedures for group participation other uses of the area. MMS will resource; (2) You failed to comply with any in drilling activities. You must: reimburse you for food, quarters, and applicable law, regulation, order, or (i) Publish a summary statement that transportation that you provide for provision of the permit. This would describes the approved activity in a MMS representatives if you send in include MMS’ required submission of relevant trade publication; your reimbursement request to the reports, well records or logs, and G&G (ii) Forward a copy of the published Region that issued the permit within 90 data and information within the time statement to the Regional Director; days of the inspection. (b) Approval for modifications. Before specified; or (iii) Allow at least 30 days from the you begin modified operations, you (3) Stopping the activities is in the summary statement publication date for must submit a written request interest of national security or defense. other persons to join as original describing the modifications and receive (b) Procedures to temporarily stop participants; the Regional Director’s oral or written activities. (1) The Regional Director will (iv) Compute the estimated cost by approval. If circumstances preclude a advise you either orally or in writing. dividing the estimated total cost of the written request, you must make an oral MMS will confirm an oral notification program by the number of original request and follow up in writing. in writing and deliver all written participants; and (c) Reports. (1) You must submit notifications by courier or certified or (v) Furnish the Regional Director with status reports on a schedule specified in registered mail. You must halt all a complete list of all participants before the permit and include a daily log of activities under a permit as soon as you starting operations, or at the end of the operations. receive an oral or written notification. advertising period if you begin (2) You must submit a final report of (2) The Regional Director will advise operations before the advertising period exploration or scientific research you when you may start your permit is over. The names of any subsequent or activities under a permit within 30 days activities again. late participants must also be furnished after the completion of acquisition (c) Procedure to cancel or relinquish to the Regional Director. activities under the permit. You may a permit. The Regional Director may (5) Changes to the original application combine the final report with the last cancel, or a permittee may relinquish, a for test drilling. If you propose changes status report and must include each of permit at any time. to the original application and the the following: (1) If MMS cancels your permit, the Regional Director determines that the (i) A description of the work Regional Director will advise you by changes are significant, the Regional performed. certified or registered mail 30 days Director will require you to publish the (ii) Charts, maps, plats, and digital before the cancellation date and will changes for an additional 30 days to navigational data in a format specified state the reason. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67289

(2) You may relinquish the permit by information for inspection and/or of the recipient of the data and advising the Regional Director by permanent retention by MMS. The data information; or certified or registered mail 30 days in and information must be submitted (4) For license agreements a permittee advance. within 30 days after such request. or third party that licenses data and (3) After MMS cancels your permit or (c) Requirements for submission of information to a third party must, you relinquish it, you are still geological data and information within 30 days of a request by the responsible for proper abandonment of collected under a permit. Unless the Regional Director, advise the Regional any drill sites in accordance with the Regional Director specifies otherwise, Director, in writing, of the license requirements of § 251.7(b)(8). You must geological data and information must agreement, including the identity of the also comply with all other obligations include: recipient of the data and information. specified in this part or in the permit. (1) An accurate and complete record of all geological (including geochemical) § 251.12 Submission, inspection, and § 251.10 Penalties and appeals. selection of geophysical data and data and information describing each (a) Penalties for noncompliance under information collected under a permit and operation of analysis, processing, and processed by permittees or third parties. a permit issued by MMS. You are subject interpretation; to the penalty provisions of: (1) Section (2) Paleontological reports identifying (a) Availability of geophysical data 24 of the Act (43 U.S.C. 1350); and (2) microscopic fossils by depth, including and information collected under a The procedures contained in 30 CFR the reference datum to which permit. (1) You must notify the Regional part 250, subpart N, for noncompliance paleontological sample depths are Director, in writing, when you complete with: (i) Any provision of the Act; (ii) related and, if the Regional Director the initial processing and interpretation Any provision of a G&G or drilling requests, washed samples that you of any geophysical data and permit; or (iii) Any regulation or order maintain for paleontological information. Initial processing is the issued under the Act. determinations; stage of processing where the data and (b) Penalties under other laws and (3) Copies of well logs or charts in a information become available for in- regulations. The penalties prescribed in digital format, if available; house interpretation by the permittee, or this section are in addition to any other (4) Results and data obtained from become available commercially to third penalty imposed by any other law or formation fluid tests; parties via sale, trade, license regulation. (5) Analyses of core or bottom agreement, or other means. (c) Procedures to appeal orders or samples and/or a representative cut or (2) The Regional Director may ask if decisions MMS issues. You may appeal split of the core or bottom sample; you have further processed or any orders or decisions that MMS issues (6) Detailed descriptions of any interpreted any geophysical data and under the regulations in this part by hydrocarbons or hazardous conditions information. When so asked, you must referring to 30 CFR part 290. When you encountered during operations, respond to MMS in writing within 30 file an appeal with the Director, you including near losses of well control, days. must continue to follow all abnormal geopressures, and losses of (b) Submission, inspection and requirements for compliance with an circulation; and selection of geophysical data and order or decision other than payment of (7) Other geological data and information collected under a permit. a civil penalty. information that the Regional Director The Regional Director may request that the permittee or third party submit § 251.11 Submission, inspection, and may specify. selection of geological data and information (d) Obligations when geological data geophysical data and information before collected under a permit and processed by and information collected under permit making a final selection for retention. permittees or third parties. are obtained by a third party. A third MMS representatives may inspect and (a) Availability of geological data and party may obtain geological data and select the data and information on your information collected under a permit. information from a permittee, or from premises, or the Regional Director can (1) You must notify the Regional another third party, by sale, trade, request delivery of the data and Director, in writing, when you complete license agreement, or other means. If information to the appropriate MMS the initial analysis, processing, or this happens: regional office for review. interpretation of any geological data and (1) The third party recipient of the (1) You must submit the geophysical information. Initial analysis and data and information assumes the data and information within 30 days of processing are the stages of analysis or obligations under this section, except receiving the request, unless the processing where the data and for the notification provisions of Regional Director extends the delivery information first become available for paragraph (a)(1), and is subject to the time. in-house interpretation by the permittee, penalty provisions of 30 CFR part 250, (2) At any time before final selection, or become available commercially to subpart N; and the Regional Director may return any or third parties via sale, trade, license (2) A permittee or third party that all geophysical data and information agreement, or other means. sells, trades, licenses, or otherwise following review. You will be notified (2) The Regional Director may ask if provides data and information to a third in writing of all or portions of those data you have further analyzed, processed, or party must advise the recipient, in the Regional Director decides to retain. interpreted any geological data and writing, that accepting these obligations (c) Requirements for submission of information. When so asked, you must is a condition precedent of the sale, geophysical data and information respond to MMS in writing within 30 trade, license, or other agreement; and collected under a permit. Unless the days. (3) Except for license agreements, a Regional Director specifies otherwise, (b) Submission, inspection, and permittee or third party that sells, you must include: selection of geological data and trades, or otherwise provides data and (1) An accurate and complete record information. The Regional Director may information to a third party must advise of each geophysical survey conducted request the permittee or third party to the Regional Director, in writing and under the permit, including digital submit the analyzed, processed, and within 30 days, of the sale, trade, or navigational data and final location interpreted geologic data and other agreement, including the identity maps; 67290 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

(2) All seismic data collected under a Director to inspect or select and retain lands during drilling operations, the permit presented in a format and of a (according to §§ 251.11 or 251.12 ); Regional Director will immediately quality suitable for processing; (2) MMS receives your request for issue a public announcement. The (3) Processed geophysical information reimbursement and the Regional announcement must further the national derived from seismic data with Director determines that the requested interest, but without unduly damaging extraneous signals and interference reimbursement is proper; and your competitive position. removed, presented in a quality format (3) The cost is at your lowest rate (or (b) Timetable for release of G&G data suitable for interpretive evaluation, a third party’s) or at the lowest and information that MMS acquires. reflecting state-of-the-art processing commercial rate established in the area, MMS will release data and information techniques; and whichever is less. that you or a third party submits and (4) Other geophysical data, processed (b) MMS will reimburse you or the MMS retains, in accordance with geophysical information, and third party for the reasonable costs of paragraphs (b)(1) and (b)(2) of this interpreted geophysical information processing geophysical information section. including, but not limited to, shallow (which does not include cost of data (1) If the data and information are not and deep subbottom profiles, acquisition): related to a deep stratigraphic test, MMS bathymetry, sidescan sonar, gravity and (1) If, at the request of the Regional will release them to the public in magnetic surveys, and special studies Director, you processed the geophysical accordance with the following table: such as refraction and velocity surveys. data or information in a form or manner (d) Obligations when geophysical data other than that used in the normal If you or a third party The Regional Director conduct of business; or submit and MMS re- will disclose them to and information collected under a tains the public permit are obtained by a third party. A (2) If you collected the information third party may obtain geophysical data, under a permit that MMS issued to you Geological data and 10 years after issuing processed geophysical information, or before October 1, 1985, and the Regional information. the permit. interpreted geophysical information Director requests and retains the Geophysical data ...... 50 years after you or from a permittee, or from another third information. a third party submit (c) When you request reimbursement, the data. party, by sale, trade, license agreement, Geophysical informa- 25 years after you or or other means. If this happens: you must identify reproduction and processing costs separately from tion. a third party submit (1) The third party recipient of the acquisition costs. the information. data and information assumes the (d) MMS will not reimburse you or a obligations under this section, except third party for data acquisition costs or (2) If the data and information are for the notification provisions of for the costs of analyzing or processing related to a deep stratigraphic test, MMS paragraph (a)(1), and is subject to the geological information or interpreting will release them to the public at the penalty provisions of 30 CFR part 250, geological or geophysical information. earlier of the following times: subpart N; and (i) Twenty-five years after you (2) A permittee or third party that § 251.14 Protecting and disclosing data complete the test; or sells, trades, licenses, or otherwise and information submitted to MMS under a (ii) If a lease sale is held after you provides data and information to a third permit. complete a test well, 60 calendar days party must advise the recipient, in (a) Disclosure of data and information after MMS issues the first lease, any writing, that accepting these obligations to the public by MMS. (1) In making data portion of which is located within 50 is a condition precedent of the sale, and information available to the public, geographic miles (92.7 kilometers) of the trade, license, or other agreement; and the Regional Director will follow the test. (3) Except for license agreements, a applicable requirements of: (c) Procedure that MMS follows to permittee or third party that sells, (i) The Freedom of Information Act (5 disclose acquired data and information trades, or otherwise provides data and U.S.C. 552); to a contractor for reproduction, information to a third party must advise (ii) The implementing regulations at processing, and interpretation. the Regional Director, in writing and 43 CFR part 2; (1) When practical, the Regional within 30 days, of the sale, trade, or (iii) The Act; and Director will advise the person who other agreement, including the identity (iv) The regulations at 30 CFR parts submitted data and information under of the recipient of the data and 250 and 252. §§ 251.11 or 251.12 of the intent to information; or (2) Except as specified in this section disclose the data or information to an (4) For license agreements, a or in 30 CFR parts 250 and 252, if the independent contractor or agent. permittee or third party that licenses Regional Director determines any data (2) The person so notified will have data and information to a third party or information is exempt from public at least 5 working days to comment on must, within 30 days of a request by the disclosure under paragraph (a) of this the action. Regional Director, advise the Regional section, MMS will not provide the data (3) When the Regional Director Director, in writing, of the license and information to any State or to the advises the person who submitted the agreement, including the identity of the executive of any local government or to data and information, all other owners recipient of the data and information. the public, unless you and all third of the data or information will be parties agree to the disclosure. considered to have been so notified. § 251.13 Reimbursement for the costs of (3) MMS will keep confidential the (4) Before disclosure, the contractor or reproducing data and information and identity of third party recipients of data agent must sign a written commitment certain processing costs. and information collected under a not to sell, trade, license, or disclose (a) MMS will reimburse you or a third permit. MMS will not release the data or information to anyone without party for reasonable costs of identity unless you and the third parties the Regional Director’s consent. reproducing data and information that agree to the disclosure. (d) Sharing data and information with the Regional Director requests if: (4) When you detect any significant coastal States. (1) When MMS solicits (1) You deliver G&G data and hydrocarbon occurrences or nominations for leasing lands located information to MMS for the Regional environmental hazards on unleased within 3 geographic miles (5.6 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67291 kilometers) of the seaward boundary of (1) Evaluate permit applications and FOR FURTHER INFORMATION CONTACT: Mrs. any coastal State, the Regional Director, monitor scientific research activities for Sandy Barker at (703) 325–7681. in accordance with 30 CFR 252.7 (a)(4) environmental and safety reasons. SUPPLEMENTARY INFORMATION: and (b) and subsections 8(g) and 26(e) (2) Determine that explorations do not of the Act (43 U.S.C. 1337(g) and harm resources, result in pollution, Executive Order 12866. It has been 1352(e)), will provide the Governor create hazardous or unsafe conditions, determined that this Privacy Act rule for with: or interfere with other users in the area. the Department of Defense does not (i) All information on the (3) Approve reimbursement of certain constitute ‘significant regulatory action’. geographical, geological, and ecological expenses. Analysis of the rule indicates that it characteristics of the areas and regions (4) Monitor the progress and activities does not have an annual effect on the MMS proposes to offer for lease; carried out under an OCS G&G permit. economy of $100 million or more; does (ii) An estimate of the oil and gas (5) Inspect and select G&G data and not create a serious inconsistency or reserves in the areas proposed for information collected under an OCS otherwise interfere with an action taken leasing; and G&G permit. or planned by another agency; does not (iii) An identification of any field, (d) Respondents are Federal OCS materially alter the budgetary impact of geological structure, or trap on the OCS permittees and Notice filers. Responses entitlements, grants, user fees, or loan within 3 geographic miles (5.6 are mandatory or are required to obtain programs or the rights and obligations of kilometers) of the seaward boundary of or retain a benefit. We will protect recipients thereof; does not raise novel the State. information considered proprietary legal or policy issues arising out of legal (2) After receiving nominations for under applicable law and under mandates, the President’s priorities, or leasing an area of the OCS within 3 regulations at § 251.14 and part 250 of the principles set forth in Executive geographic miles of the seaward this chapter. Order 12866 (1993). boundary of any coastal State, MMS will (e) Send comments regarding any Regulatory Flexibility Act. It has been carry out a tentative area identification aspect of the collection of information determined that this Privacy Act rule for according to 30 CFR part 256, subparts under this part, including suggestions the Department of Defense does not D and E. At that time, the Regional for reducing the burden, to the have significant economic impact on a Director will consult with the Governor Information Collection Clearance substantial number of small entities to determine whether any tracts further Officer, Minerals Management Service, because it is concerned only with the considered for leasing may contain any Mail Stop 4230, 1849 C Street, N.W., administration of Privacy Act systems of oil or gas reservoirs that underlie both Washington, D.C. 20240; and to the records within the Department of the OCS and lands subject to the Office of Information and Regulatory Defense. jurisdiction of the State. Affairs, Office of Management and Paperwork Reduction Act. It has been (3) Before a sale, if a Governor Budget, Attention: Desk Officer for the determined that the Privacy Act rule for requests, the Regional Director, in Department of the Interior (1010–0048), the Department of Defense imposes no accordance with 30 CFR 252.7(a)(4) and 725 17th Street, N.W., Washington, D.C. information requirements beyond the (b) and sections 8(g) and 26(e) of the Act 20503. Department of Defense and that the (43 U.S.C. 1337(g) and 1352(e)), will [FR Doc. 97–33530 Filed 12–23–97; 8:45 am] information collected within the share with the Governor information BILLING CODE 4310±MR±P Department of Defense is necessary and that identifies potential and/or proven consistent with 5 U.S.C. 552a, known as common hydrocarbon bearing areas the Privacy Act of 1974. within 3 geographic miles of the DEPARTMENT OF DEFENSE seaward boundary of that State. The Defense Special Weapons Agency (4) Information received and Defense Special Weapons Agency is adopting the changes previously knowledge gained by a State official published as a proposed rule on October under paragraph (d) of this section is 32 CFR Part 318 3, 1997, at 62 FR 51821. No comments subject to applicable confidentiality were received, therefore, the Defense requirements of: [DSWA Instruction 5400.11B] Special Weapons Agency is adopting the rule as previously published. (i) The Act; and Defense Special Weapons Agency (ii) The regulations at 30 CFR parts Privacy Program 250, 251, and 252. List of Subjects in 32 CFR Part 318 AGENCY: Defense Special Weapons § 251.15 Authority for information Privacy. collection. Agency, DOD. ACTION: Final rule. Accordingly, the Defense Special (a) The Office of Management and Weapons Agency amends 32 CFR part Budget has approved the information SUMMARY: The Defense Special Weapons 318 as follows: collection requirements in this part Agency (DSWA) is adding two sections under 44 U.S.C. 3501 et seq. and to its procedural rule for the DSWA PART 318±DEFENSE SPECIAL assigned OMB control number 1010– Privacy Program. The two sections are WEAPONS AGENCY PRIVACY 0048. The title of this information entitled Disclosure of record to persons PROGRAM-[AMENDED] collection is ‘‘30 CFR Part 251, other than the individual to whom it Geological and Geophysical (G&G) pertains and Fees. The addition of these 1. The authority citation for 32 CFR Explorations of the OCS.’’ two sections helps an individual to part 318 continues to read as follows: (b) We may not conduct or sponsor, better understand the DSWA Privacy AUTHORITY: Pub. L. 93–579, 88 Stat. and you are not required to respond to, Program. 1896 (5 U.S.C. 552a). a collection of information unless it EFFECTIVE DATE: December 3, 1997. displays a currently valid OMB control ADDRESSES: General Counsel, Defense 2. Section 318.9 is redesignated as number. Special Weapons Agency, 6801 318.11. (c) We use the information collected Telegraph Road, Alexandria, VA 22310– 3. Sections 318.9 and 318.10 are under this part to: 3398. added as follows: 67292 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

§ 318.9 Disclosure of record to persons DEPARTMENT OF TRANSPORTATION ([email protected]), regarding the other than the individual to whom it subject matter of this Notice; or the pertains. Research and Special Programs RSPA Dockets Unit, (202) 366–5046, for (a) General. No record contained in a Administration copies of this final rule or other material in the docket. General information about system of records maintained by DSWA 49 CFR Part 194 shall be disclosed by any means to any OPS programs can be obtained by person or agency within or outside the [Docket No. PS±130; Amdt. 194±1] accessing OPS’’ Internet home page at ops.dot.gov. Department of Defense without the RIN 2137±AD12 request or consent of the subject of the SUPPLEMENTARY INFORMATION: Pipeline Safety: Change in Response record, except as described in 32 CFR Background part 310.41, Appendix C to part 310, Plan Review Cycle and/or a Defense Special Weapons AGENCY: Research and Special Program In recent years, several catastrophic Agency system of records notice. Administration (RSPA), DOT. oil spills have damaged the marine environment of the United States. These (b) Accounting of disclosures. Except ACTION: Direct final rule. spills have resulted in extensive for disclosures made to members of the environmental impact, including the DoD in connection with their official SUMMARY: This direct final rule changes loss of fish and wildlife. In response to duties, and disclosures required by the the reporting cycle for facility response plan submissions to 5 years for these catastrophic spills, Congress Freedom of Information Act, an passed the Oil Pollution Act of 1990, 33 accounting will be kept of all operators who are required to submit facility response plans to RSPA. U.S.C. 2701–2761 (OPA 90). OPA 90 disclosures of records maintained in Pipeline operators were previously amended section 1321(j) of the Federal DSWA system of records. required to submit facility response Water Pollution Control Act (FWPCA) (1) Accounting entries will normally plans every 3 years. (33 U.S.C. 1251–1387), and established be kept on a DSWA form, which will be OPS is undertaking this change to a new national planning and response maintained in the record file jacket, or improve safety by ensuring consistency system, including a requirement for the in a document that is part of the record. between OPS requirements and those of development of facility response plans. (2) Accounting entries will record the the other federal agencies under the Oil The FWPCA requires the President to date, nature and purpose of each Pollution Act of 1990, and encouraging issue regulations that require the disclosure, and the name and address of the use of integrated plans, while easing operator of a tank vessel, an onshore the person or agency to whom the the burden on the regulated community. facility, and certain offshore facilities, to The comments to the docket have fully disclosure is made. prepare and submit to the President, a supported this change. plan for responding, to the maximum (3) Accounting records will be EFFECTIVE DATES: This direct final rule extent practicable, to a worst case oil maintained for at least 5 years after the takes effect February 23, 1998. If RSPA discharge and to a substantial threat of last disclosure, of for the life of the does not receive adverse comment or such a discharge. 33 U.S.C. 1321(j)(5). record, whichever is longer. notice of intent to file an adverse The FWPCA also requires the President (4) Subjects of DSWA records will be comment by January 23, 1998, the rule to review and approve facility response given access to associated accounting will become effective on the date plans and periodic reviews of each plan. records upon request, except for those specified. RSPA will issue a subsequent 33 U.S.C. 1321(j)(5)(D). disclosures made to law enforcement notice in the Federal Register by To be consistent with OPA 90 and activities when the law enforcement February 9, 1998 after the close of the FWPCA plan submission requirements activity has requested that the comment period to confirm that fact and of the Environmental Protection Agency disclosure not be made, and/or as reiterate the effective date. If an adverse and U.S. Coast Guard, RSPA is revising exempted under section 318.11 of this comment or a notice of intent to file an 49 CFR § 194.121(b) to require a part. adverse comment is received, RSPA will response plan to be resubmitted every 5 issue a timely notice in the Federal years for review and approval. For § 318.10 Fees. Register to confirm that fact and RSPA significant and substantial harm would withdraw direct final rule in facilities, the plan shall be resubmitted Individuals may request copies for whole or in part. RSPA may then 5 years after the latest approval date by retention of any documents to which incorporate the adverse comment into a RSPA. For substantial harm facilities, they are granted access in DSWA subsequent direct final rule or may operators must resubmit the plan to records pertaining to them. Requesters publish a notice of proposed RSPA 5 years after the date of initial will not be charged for the first copy of rulemaking. submission and every 5 years thereafter. any records provided; however, ADDRESSES: Send comments in In the event there are no changes in duplicate copies will require a charge to duplicate to the Dockets Unit, room the plan, the operator must submit a cover costs of reproduction. Such 8421, Research and Special Programs written certification to RSPA stating that charges will be computed in accordance Administration, U.S. Department of there are no changes to the plan with DoD 5400.11–R. Transportation, 400 Seventh Street, previously submitted to RSPA. Upon Dated: December 18, 1997. S.W., Washington, DC 20590. Identify receipt of the certification, RSPA will the docket number stated in the heading review the existing plan and, for L. M. Bynum, of this notice. All comments and significant and substantial harm Alternate OSD Federal Register Liaison docketed material will be available for facilities, RSPA will re-approve the Officer, Department of Defense. inspection and copying in room 8419 plan. Substantial harm facility plans [FR Doc. 97–33542 Filed 12-23-97; 8:45 am] between 8:30 a.m. and 5:00 p.m. each will be reviewed only. Although the BILLING CODE 5000±04±F business day. current 3-year cycle for all plans is FOR FURTHER INFORMATION CONTACT: Jim ending, when this rule becomes Taylor, (202) 366–8860, or by e-mail effective there will be no requirement to Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67293 resubmit existing response plans until 2 tribal goverments, in the aggregate, or to will issue a subsequent notice in the years from now. the private sector, and is the least Federal Register by March 16, 1998 to burdensome alternative that achieves confirm that fact and reiterate the Regulatory History the objective of the direct final rule. effective date. If an adverse comment is RSPA published an interim final rule received, RSPA will issue a timely List of Subjects in 49 CFR Part 194 (IFR) on January 5, 1993 (58 FR 244). notice in the Federal Register to This interim final rule implemented Oil pollution, Facility Response Plan, confirm that fact, and RSPA may provisions of OPA 90. With limited Pipeline safety. withdraw the direct final rule in whole exceptions, this direct final rule applies In consideration of the foregoing, or in part. RSPA may then incorporate to all onshore transportation-related oil RSPA amends part 194 of title 49 of the the adverse comment into a subsequent pipelines whether or not such pipelines Code of Federal Regulations as follows: direct final rule or may publish a notice are exempt from existing Federal 1. The authority citation for Part 194 of proposed rulemaking. pipeline safety regulations or statutes. continues to read as follows: ADDRESSES: Send comments in RSPA conducted a public meeting in duplicate to the Dockets Unit, Room New Orleans, Louisiana on January 27, Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5) and (j)(6); sec. 2, E.O. 12777, 56 FR 8421, Research and Special Programs 1997, to solicit feedback from interested 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR Administration, U.S. Department of parties on implementation of the 1.53. Transportation, 400 Seventh Street, SW, regulation and revisions to the IFR. A Washington, DC 20590. Please identify copy of the transcript of the public 2. Section 194.121(a) is revised to read as follows: the docket and amendment number meeting is available in the docket. This stated in the heading of this notice. All direct final rule modifies the interim § 194.121 Response plan review and comments and docketed material will be final rule, 49 CFR Part 194 (58 FR 244, update procedures. available for inspection and copying in January 5, 1993). RSPA intends to issue (a) Each operator shall review its Room 8421 between 8:30 a.m. and 5:00 a final rule for 49 CFR Part 194 at a later response plan at least every 5 years from p.m. each business day. date. the date of submission and modify the FOR FURTHER INFORMATION CONTACT: Rulemaking Notices and Analyses plan to address new or different Catrina Pavlik, Drug/Alcohol Program operating conditions or information Analyst, Research and Special Programs Executive Order 12866 and DOT included in the plan. Administration, Office of Pipeline Regulatory Policies and Procedures * * * * * Safety, Room 2335, 400 Seventh Street, This direct final rule is not a Issued in Washington, DC on December 16, SW, Washington, DC 20590. Telephone: significant regulatory action under 1997. (202) 366–6199, Fax: (202) 366–4566, e- section 3(f) of Executive Order 12866 Kelley S. Coyner, mail: [email protected]. (58 FR 51735) and, therefore, was not Acting Administrator. Information is also available on the reviewed by the Office of Management [FR Doc. 97–33289 Filed 12–23–97; 8:45 am] Office of Pipeline Safety’s internet home and Budget (OMB). The direct final rule BILLING CODE 4910±60±P page at OPS.dot.gov. is not significant under the Regulatory Policies and Procedures of the SUPPLEMENTARY INFORMATION: Department of Transportation (44 FR DEPARTMENT OF TRANSPORTATION I. Background 11034). On November 21, 1988, RSPA, along Executive Order 12612 Research and Special Programs with other operating administrations of Administration The direct final rule has been the Department of Transportation, adopted regulations requiring pre- analyzed with the principles and 49 CFR Part 199 criteria in Executive Order 12612 employment, post-accident, reasonable [Docket No. PS±102; Amendment 199±16] (‘‘Federalism’’) (52 FR 41685), and does cause, and random drug testing (53 FR not have sufficient federalism impacts RIN 2137±AC67 47084). The drug testing required by these to warrant the preparation of a rules applies to some persons located federalism assessment. Control of Drug Use and Alcohol Misuse in Natural Gas, Liquefied outside of the United States. However, Regulatory Flexibility Act Natural Gas, and Hazardous Liquid the rule provided that drug testing Based on the facts available, I certify Pipeline Operations would not apply to any person for that this direct final rule will not have whom compliance would violate the AGENCY: Research and Special Programs a significant economic impact on a domestic laws or policies of another Administration (RSPA), DOT. substantial number of small entities. country. The rule provided that 49 CFR ACTION: Direct final rule. part 199 would not be effective until Paperwork Reduction Act January 1, 1990, with respect to any There are no new information SUMMARY: This direct final rule amends person for whom a foreign government collection requirements in this direct the ‘‘Scope and Compliance’’ section of contends that application of the rule final rule. In fact, this rulemaking eases the Drug Testing Rules to revise the raises questions of compatibility with the paperwork burden on pipeline applicability requirement with respect the country’s laws or policies. operators by reducing the reporting to any operator whose employees are At the same time, RSPA stated that frequency from three to five years. located outside the territory of the the Department of Transportation and United States. other elements of the U.S. Government Unfunded Mandates Reform Act of 1995 DATES: This direct final rule is effective would enter into discussions with This direct final rule does not impose on April 15, 1998. If RSPA does not foreign governments to attempt to unfunded mandates under the receive any adverse comment or notice resolve any conflict between our rules Unfunded Mandates Reform Act of of intent to file an adverse comment by and foreign government laws or 1995. It does not result in costs of $100 February 23, 1998, the rule will become policies. If as a result of those million or more to either State, local, or effective on the date specified. RSPA discussions an amendment to the rules 67294 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations was necessary, we committed to issue run from Canada to the United States Paperwork Reduction Act an amendment by December 1, 1989. have either a metering facility or valves On April 13, 1989, RSPA published located at the border. This delineates a This final rule does not impose any an amendment to part 199 (Amdt. No. separation of entities at the border. At new information collection 199–1; 54 FR 14922) which provided that point, a U.S. operator becomes requirements. that the rules would not be effective responsible for the pipeline (i.e., Unfunded Mandates Reform Act of 1995 until January 1, 1991, with respect to operations, maintenance, and persons with a foreign law conflict. emergency-response functions). At this This rule does not impose unfunded Similar amendments were published on time, there are no SCADA systems mandates under the Unfunded December 27, 1989, extending the located in Mexico. There are pipelines Mandates Reform Act of 1995. It does effective date to January 2, 1992 (Amdt. that run from Mexico to the U.S., but the not result in costs of $100 million or No. 199–3; 54 FR 53290), April 24, SCADA control system is located in the more to either State, local, or tribal 1991, extending the date to January 2, U.S. Because of the minimal number of governments, in the aggregate, or to the 1993 (Amdt. No. 199–5; 56 FR 18986), operators with employees who perform private sector, and is the least and July 14, 1992, extending the date to covered functions outside of the United burdensome alternative that achieves January 2, 1995 (Amdt. No. 199–7; 57 States, RSPA concludes that it would the objective of the rule. FR 31279). These amendments provided not be cost effective for those pipeline List of Subjects in 49 CFR Part 199 additional time for government-to- operators to comply with this government discussions to reach a regulation. In addition, RSPA does not Alcohol testing, Drug testing, Pipeline permanent resolution of this issue. have sufficient resources to inspect safety. RSPA has revisited the issue of these operators to ensure that they are requiring foreign operators to drug test In consideration of the foregoing, complying with part 199. Therefore, this RSPA is amending 49 CFR as follows: persons located outside of the United part of the regulation is being revised to States who are performing covered exclude pipeline operators with PART 199ÐDRUG AND ALCOHOL functions. Due to the complexity of the employees located outside United TESTING legal issues, RSPA has determined that States’ territory, including the outer it would be a better use of agency continental shelf. 1. The authority citation for part 199 resources to concentrate its enforcement This amendment is non-major under is amended to read as follows: efforts on operators whose employees Executive Order 12866, and is not are located within U.S. territory Authority: 49 U.S.C. 5103, 60102, 60104, considered significant under DOT 60108, 60117, and 60118; 49 CFR 1.53. including the outer continental shelf. Regulatory Policy and Procedures (44 There are few pipeline employees who FR 22034; February 26, 1979). There is § 199.1 [Amended] would be excepted by this rule. Because no additional cost to the pipeline of the legal issues, these employees have 2. Paragraph (d) of § 199.1 is revised operators to delete this portion of the to read as follows: never been subject to drug or alcohol rule. This change does not warrant the testing by RSPA. preparation of a Regulatory Evaluation. § 199.1 Scope and compliance. II. Regulatory Analyses and Notices * * * * * Executive Order 12612 (d) This part applies to pipeline Executive Order 12866 and DOT This final rule has been analyzed in Regulatory Policies and Procedures operators, only with respect to pipeline accordance with the principles and employees located within the territory This amendment will alleviate the criteria contained in Executive Order of the United States, including those burden for pipeline operators whose 12612 (‘‘Federalism’’), and RSPA has employees located within the limits of employees are located outside the determined that preparation of a the outer continental shelf as that term territory of the United States to comply federalism assessement is not is defined in the Outer Continental with the requirement to subject those warranted. Shelf Lands Act (43 U.S.C. 1331). employees who perform a covered function (such as, SCADA system Regulatory Flexibility Act Issued in Washington, D.C. on December operators) to the drug testing Based on the above facts, I certify 10, 1997. regulations. Currently, there are under Section 606 of the Regulatory Kelley S. Coyner, approximately 50 covered employees Flexibility Act that this amendment Acting Administrator. performing a covered function who are does not have a significant impact on a [FR Doc. 97–33119 Filed 12–23–97; 8:45 am] located in Canada. Most pipelines that substantial number of small entities. BILLING CODE 4910±60±P 67295

Proposed Rules Federal Register Vol. 62, No. 247

Wednesday, December 24, 1997

This section of the FEDERAL REGISTER Government under a temporary, appointments. While each Federal contains notices to the public of the proposed intermittent appointment is excluded employee retains benefit coverage under issuance of rules and regulations. The from retirement and insurance coverage his or her primary position with little or purpose of these notices is to give interested under the Civil Service Retirement no additional benefits accruing from the persons an opportunity to participate in the System (CSRS), the Federal Employees intermittent Census employment, the rule making prior to the adoption of the final rules. Retirement System (FERS), the Federal Census Bureau would be required to Employees’ Group Life Insurance coordinate closely with each employee’s Program (FEGLI), and the Federal agency to determine the amount of OFFICE OF PERSONNEL Employees Health Benefits Program additional retirement deductions and MANAGEMENT (FEHB). However, by regulation, Federal insurance premiums that would have to employees in positions covered by be withheld as a result of continuity of 5 CFR Parts 831, 842, 870, and 890 retirement, health insurance, and life coverage. The administrative RIN 3206±AI12 insurance, who move to Federal complexities resulting from week by positions not covered by these benefits, week coordination with the employee’s Retirement and InsuranceÐExemption can generally continue their benefit primary agency would be highly From Continuity of Coverage coverage if they have no break in susceptible to error and would make Requirements for Certain Decennial Federal service. This continuity of large-scale hiring from the pool of Census Employees With Dual coverage rule also applies when a Federal employees administratively Appointments Federal employee accepts a second, prohibitive. Placing Federal employees concurrent Federal job that would hired to perform short term decennial AGENCY: Office of Personnel otherwise be excluded from coverage. census service on the same benefit Management. The Bureau of the Census, U.S. footing as persons hired from outside ACTION: Proposed rule. Department of Commerce (‘‘Census the Government will significantly Bureau’’) has asked OPM for an reduce the coordination burden, and SUMMARY: The Office of Personnel exemption from this continuity of assist the Census Bureau in meeting its Management (OPM) is proposing coverage requirement, when a Federal unique staffing requirements. regulations to provide an exemption employee is hired by the Census Bureau For these reasons, the Office of from continuity of coverage for a second job performing intermittent Personnel Management is proposing to requirements for Federal retirement, decennial census duties. amend the continuity of coverage rules health insurance, and life insurance The Census Bureau anticipates to exempt Federal employees hired by benefits, for certain Federal employees evaluating 2.6 million applicants and the Census Bureau under temporary, who accept a second appointment to hiring 260 thousand workers for peak intermittent appointments to perform perform intermittent decennial census operations of the year 2000 decennial decennial census duties. OPM’s duties. The purpose of this exemption is census. The Census Bureau is placing a authority to make this exemption is in to facilitate hiring Federal employees for special emphasis on hiring current sections 8347(g), 8402(c)(1), 8716(b), the decennial census by eliminating Federal employees for decennial census and 8913(b) of title 5, United States administrative complexities that would operations, because of the scale of hiring Code. otherwise result under current that must be carried out by the Census In order for these regulations to meet regulations. Employees will retain the Bureau beginning in 1998; the special their stated purpose of providing timely retirement and insurance benefits to skills of Federal employees; and the low relief, they must take effect by the which they are entitled under their unemployment rate, which reduces the Spring of 1998, when the Census Bureau primary Federal jobs, while earning supply of labor readily available for will begin hiring Federal employees for additional wages in their second jobs temporary hiring. decennial census rehearsal activities. with the Census Bureau. It is anticipated that 95 to 98 percent Therefore, the Office of Personnel DATES: Comments must be received on of Federal employees hired for second Management is issuing the proposed or before January 23, 1998. jobs by the Census Bureau will be hired regulations with a 30-day comment ADDRESSES: Send comments to Mary as intermittent, excepted-service period. Ellen Wilson, Retirement Policy appointees, under temporary Division, Office of Personnel appointments not to exceed one year. Regulatory Flexibility Act Management, P.O. Box 57, Washington, These appointments will generally be I certify that this regulation will not DC 20044; or deliver to OPM, Room made under section 23(b) of title 13, have a significant economic impact on 4351, 1900 E Street, NW., Washington United States Code, which allows a substantial number of small entities DC. Comments may also be submitted Federal employees to be compensated because the regulation will only affect by electronic mail to [email protected]. for second positions conducting census retirement and insurance benefits of FOR FURTHER INFORMATION CONTACT: For field work, without regard to the retired Government employees and their Parts 831 and 842: Robert Girouard, restrictions on dual compensation found survivors. in section 5533 of title 5, United States (202) 606–0299; and for Parts 870 and Executive Order 12866, Regulatory Code. 890: Karen Leibach, (202) 606–0004. Review Continuity of coverage rules for SUPPLEMENTARY INFORMATION: retirement and insurance make it This rule has been reviewed by the An individual who is hired into a difficult for the Census Bureau to hire Office of Management and Budget in Federal position from outside Federal employees for second accordance with Executive Order 12866. 67296 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

List of Subjects Subpart BÐCoverage break in service or after a separation of 3 days or less, his or her FERS coverage 5 CFR Parts 831 and 842 2. In § 831.201, paragraph (b)(1) is will continue, except in the case of an revised to read as follows: Administrative practice and employee hired by the Census Bureau procedure, Air traffic controllers, § 831.201 Exclusions from retirement under a temporary, intermittent Alimony, Claims, Disability benefits, coverage. appointment to perform decennial Firefighters, Government employees, * * * * * census duties. Income taxes, Intergovernmental (b) * * * * * * * * relations, Law enforcement officers, (1) Employment in an excluded Pensions, Reporting and recordkeeping category follows employment subject to PART 870ÐFEDERAL EMPLOYEES' requirements, Retirement. subchapter III of chapter 83 of title 5, GROUP LIFE INSURANCE PROGRAM United States Code, without a break in 5 CFR Part 870 5. The authority citation for part 870 service or after a separation from service is revised to read as follows: Administrative practice and of 3 days or less, except in the case of: Authority: 5 U.S.C. 8716; subpart J also procedure, Government employees, (i) An alien employee whose duty station is located in a foreign country; issued under sec. 599C of Pub. L. 101–513, Hostages, Iraq, Kuwait, Lebanon, Life 104 Stat. 2064, as amended; § 870.302 also insurance, Retirement. or (ii) An employee hired by the Census issued under sections 11202(f), 11232(e), and 11246(b) and (c) of Pub. L. 105–33, 111 Stat. 5 CFR Part 890 Bureau under a temporary, intermittent 251. appointment to perform decennial Administrative practice and census duties. 6. In § 870.301, add paragraph (d) to procedure, Government employees, read as follows: Health facilities, Health insurance, * * * * * Health professions, Hostages, Iraq, PART 842ÐFEDERAL EMPLOYEES § 870.301 Eligibility for life insurance. Kuwait, Lebanon, Reporting and RETIREMENT SYSTEMÐBASIC * * * * * recordkeeping requirements, ANNUITY (d) Notwithstanding any other Retirement. provision in this part, the hiring of a 3. The authority citation for section U.S. Office of Personnel Management. Federal employee, whether in pay status 842 continues to read as follows: Janice R. Lachance, or nonpay status, for a temporary, Director. Authority: 5 U.S.C. 8461(g); §§ 842.104 and intermittent position with the decennial 842.106 also issued under 5 U.S.C. 8461(n); census has no effect on the amount of Accordingly, OPM proposed to amend § 842.105 also issued under 5 U.S.C. his/her Basic or Option B insurance, the Parts 831, 842, 870, and 890 of Title 5 8402(c)(1) and 7701(b)(2); § 842.106 also withholdings or Government of the Code of Federal Regulations as issued under section 102(e) of the District of Columbia Financial Responsibility and contribution for his/her insurance, or follows: Management Assistance Act of 1995, Pub. L. the determination of when 12 months in nonpay status ends. PART 831ÐRETIREMENT 104–8, 109 Stat. 102, as amended by section 153 of Pub. L. 104–134, 110 Stat. 1321; § 842.107 also issued under sections 11202(f), PART 890ÐFEDERAL EMPLOYEES 1. The authority citation for part 831 11232(e), and 11246(b) of the National HEALTH BENEFITS PROGRAM is revised to read as follows: Capital Revitalization and Self-Government Authority: 5 U.S.C. 8347; § 831.102 also Improvement Act of 1997, title XI of Pub. L. 7. The authority citation for part 890 issued under 5 U.S.C. 8334; § 831.106 also 105–33, 111 Stat. 251; §§ 842.604 and continues to read as follows: issued under 5 U.S.C. 552a; § 831.108 also 842.611 also issued under 5 U.S.C. 8417; Authority: 5 U.S.C. 8913; § 890.803 also issued under 5 U.S.C. 8336(d)(2); § 842.607 also issued under 5 U.S.C. 8416 issued under 50 U.S.C. 403p, 22 U.S.C. 4069c and 8417; § 842.614 also issued under 5 § 831.201(b)(1) also issued under 5 U.S.C. and 4069c-1; subpart L also issued under sec. U.S.C. 8419; § 842.615 also issued under 5 8347(g); § 831.201(b)(6) also issued under 5 599C of Pub. L. 101–513, 104 Stat. 2064, as U.S.C. 8418; § 842.703 also issued under U.S.C. 7701(b)(2); § 831.201(g) also issued amended; § 890.102 also issued under section 7001(a)(4) of the Omnibus Budget under sections 11202(f), 11232(e), and sections 11202(f), 11232(e), and 11246(b) and Reconciliation Act of 1990, Pub. L. 101–508; (c) of Pub. L. 105–33, 111 Stat.251. 11246(b) of title XI of Pub. L. 105–33, 111 § 842.707 also issued under section 6001 of Stat. 251; § 831.204 also issued under section the Omnibus Budget Reconciliation Act of 8. In § 890.102, paragraph (g) is added 102(e) of Pub. L. 104–8, 109 Stat. 102, as 1987, Pub. L. 100–203; § 842.708 also issued to read as follows: amended by section 153 of Pub. L. 104–134, under section 4005 of the Omnibus Budget 110 Stat. 1321; § 831.303 also issued under Reconciliation Act of 1989, Pub. L. 101–239 § 890.102 Coverage 5 U.S.C. 8334(d)(2); § 831.502 also issued and section 7001 of the Omnibus Budget * * * * * under 5 U.S.C. 8337; § 831.502 also issued Reconciliation Act of 1990, Pub. L. 101–508; under section 1(3), E.O. 11228, 3 CFR 1964– subpart H also issued under 5 U.S.C. 1104. (g) Notwithstanding any other 1965 Comp. p. 317; § 831.663 also issued provision in this part, the hiring of a under 5 U.S.C. 8339(j) and (k)(2); §§ 831.663 Subpart AÐCoverage Federal employee, whether in pay status and 831.664 also issued under Pub. L. 103– or nonpay status, for a temporary, 66, 107 Stat. 412; § 831.682 also issued under 4. In § 842.105, paragraph (b) is intermittent position with the decennial section 201(d) of the Pub. L. 99–251, 100 revised to read as follows: census has no effect on the withholding Stat. 23; subpart S also issued under 5 U.S.C. § 842.105 Regulatory exclusions. or Government contribution for his/her 8345(k); subpart V also issued under 5 U.S.C. coverage or the determination of when * * * * * 8343a and section 6001 of Pub. L. 100–203, 365 days in nonpay status ends. 101 Stat. 1330–275; § 831.2203 also issued (b) When an employee who is covered under section 7001(a)(4) of Pub. L. 101–508, by FERS moves to a position listed in [FR Doc. 97–33732 Filed 12–23–97; 8:45 am] 104 Stat. 1388–328. paragraph (a) of this section without a BILLING CODE 6325±01±P Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67297

DEPARTMENT OF AGRICULTURE telephone (202) 720–2491; Fax (202) the establishment of a salable quantity 205–6632. and allotment percentage for Class 1 Agricultural Marketing Service SUPPLEMENTARY INFORMATION: This (Scotch) spearmint oil of 1,187,077 proposed rule is issued under Marketing pounds and 65 percent, respectively. 7 CFR Part 985 Order No. 985 (7 CFR Part 985), as The member in opposition favored the [Docket No. FV±98±985±1 PR] amended, regulating the handling of establishment of a higher salable spearmint oil produced in the Far West quantity and allotment percentage. In a Marketing Order Regulating the (Washington, Idaho, Oregon, and unanimous vote, the Committee Handling of Spearmint Oil Produced in designated parts of Nevada and Utah), recommended the establishment of a the Far West; Salable Quantities and hereinafter referred to as the ‘‘order.’’ salable quantity and allotment Allotment Percentages for the 1998±99 This order is effective under the percentage for Class 3 (Native) Marketing Year Agricultural Marketing Agreement Act spearmint oil of 1,155,217 pounds and of 1937, as amended (7 U.S.C. 601–674), 57 percent, respectively. AGENCY: Agricultural Marketing Service, hereinafter referred to as the ‘‘Act.’’ This proposed rule would limit the USDA. The Department of Agriculture amount of spearmint oil that handlers ACTION: Proposed rule. (Department) is issuing this rule in may purchase from, or handle for, producers during the 1998–99 SUMMARY: This proposed rule would conformance with Executive Order 12866. marketing year, which begins on June 1, establish the quantity of spearmint oil 1998. Salable quantities and allotment This proposed rule has been reviewed produced in the Far West, by class, that percentages have been placed into effect under Executive Order 12988, Civil handlers may purchase from, or handle each season since the order’s inception Justice Reform. Under the provisions of for, producers during the 1998–99 in 1980. marketing year. The Spearmint Oil the marketing order now in effect, The U.S. production of spearmint oil Administrative Committee (Committee), salable quantities and allotment is concentrated in the Far West, the agency responsible for local percentages may be established for primarily Washington, Idaho, and administration of the marketing order classes of spearmint oil produced in the Oregon (part of the area covered by the for spearmint oil produced in the Far Far West. This proposed rule would marketing order). Spearmint oil is also West, recommended this rule for the establish the quantity of spearmint oil produced in the Midwest. The purpose of avoiding extreme produced in the Far West, by class, that production area covered by the fluctuations in supplies and prices, and may be purchased from or handled for marketing order accounts for thus help to maintain stability in the producers by handlers during the 1998– approximately 65 percent of the annual spearmint oil market. 99 marketing year, which begins on June U.S. production of Scotch spearmint oil 1, 1998. This proposed rule will not and approximately 90 percent of the DATES: Comments must be received by preempt any State or local laws, January 23, 1998. annual U.S. production of Native regulations, or policies, unless they spearmint oil. ADDRESSES: Interested persons are present an irreconcilable conflict with When the order became effective in invited to submit written comments this rule. 1980, the United States produced nearly concerning this proposed rule. The Act provides that administrative 100 percent of the world’s supply of Comments must be sent in triplicate to proceedings must be exhausted before Scotch spearmint oil, of which the Docket Clerk, Fruit and Vegetable parties may file suit in court. Under approximately 80 percent was produced Programs, AMS, USDA, room 2525–S, section 608c(15)(A) of the Act, any in the regulated production area in the P.O. Box 96456, Washington, D.C. handler subject to an order may file Far West. International production 20090–6456; Fax: (202) 205–6632. with the Secretary a petition stating that characteristics have changed in recent Comments should reference the docket the order, any provision of the order, or years, however, with foreign Scotch number and the date and page number any obligation imposed in connection spearmint oil production contributing of this issue of the Federal Register and with the order is not in accordance with significantly to world production. will be made available for public law and request a modification of the Although still a leader in production, inspection in the Office of the Docket order or to be exempted therefrom. A the Far West’s market share has Clerk during regular business hours. handler is afforded the opportunity for decreased to approximately 41 percent FOR FURTHER INFORMATION CONTACT: a hearing on the petition. After the of the world total. Therefore, the Robert J. Curry, Northwest Marketing hearing the Secretary would rule on the Committee’s recommendation for Field Office, Marketing Order petition. The Act provides that the Scotch spearmint oil could maintain Administration Branch, Fruit and district court of the United States in any market stability by avoiding extreme Vegetable Programs, AMS, USDA, 1220 district in which the handler is an fluctuations in supplies and prices, and SW Third Avenue, room 369, Portland, inhabitant, or has his or her principal would help the industry remain Oregon 97204; telephone: (503) 326– place of business, has jurisdiction to competitive on an international level by 2043; Fax: (503) 326–7440; or Anne M. review the Secretary’s ruling on the hopefully regaining some of the Far Dec, Marketing Order Administration petition, provided an action is filed not West’s historical share of the global Branch, Fruit and Vegetable Programs, later than 20 days after date of the entry market. The Committee’s AMS, USDA, room 2525–S, P.O. Box of the ruling. recommendation is intended to foster 96456, Washington, D.C. 20090–6456; Pursuant to authority contained in market stability so that the Far West’s telephone: (202) 720–2491; Fax: (202) sections 985.50, 985.51, and 985.52 of Scotch spearmint oil market share will 205–6632. Small businesses may request the order, the Committee recommended not only be retained, but expanded as information on compliance with this the salable quantities and allotment well. regulation by contacting: Jay Guerber, percentages for the 1998–99 marketing The order has contributed extensively Marketing Order Administration year at its October 8, 1997, meeting. to the stabilization of producer prices, Branch, Fruit and Vegetable Programs, With 6 members favoring the which prior to 1980 experienced wide AMS, USDA, P.O. Box 96456, room recommendation and 1 member fluctuations from year to year. For 2523–S, Washington, DC 20090–6456; opposed, the Committee recommended example, between 1971 and 1975 the 67298 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules price of Native spearmint oil ranged the revised 1997–98 marketing year total producers and handlers resulting from from $3.00 per pound to $11.00 per available supply of 1,184,756 pounds. this proposed action are expected to be pound. In contrast, under the order, (B) Estimated trade demand (domestic and offset by the benefits derived from a prices have stabilized between $10.50 export) for the 1998–99 marketing year— 1,178,401 pounds. This figure is based on the stable market, a greater market share, and $11.50 per pound for the past ten average of the three most recent years’ sales and possible improved returns. In years. With approximately 90 percent of figures and input from spearmint oil buyers. conjunction with the issuance of this the U.S. production located in the Far (C) Salable quantity required from 1998 proposed rule, the Committee’s West, the method of calculating the production—1,143,645 pounds. This figure is marketing policy statement for the Native spearmint oil salable quantity the difference between the estimated 1998– 1998–99 marketing year has been and allotment percentage primarily 99 marketing year trade demand and the reviewed by the Department. The utilizes information on price and estimated carry-in on June 1, 1998. Committee’s marketing policy (D) Total estimated allotment base for the available supply as they are affected by statement, a requirement whenever the the estimated trade demand. 1998–99 marketing year—2,026,696 pounds. This figure represents a one percent increase Committee recommends volume The proposed salable quantity and over the revised 1997–98 allotment base. regulations, fully meets the intent of allotment percentage for each class of (E) Computed allotment percentage—56.4 section 985.50 of the order. During its spearmint oil for the 1998–99 marketing percent. This percentage is computed by discussion of potential 1998–99 salable year is based upon the Committee’s dividing the required salable quantity by the quantities and allotment percentages, recommendation and the data presented total estimated allotment base. the Committee considered: (1) The below. (F) Recommended allotment percentage— 57 percent. This is the Committee’s estimated quantity of salable oil of each (1) Class 1 (Scotch) Spearmint Oil recommendation based on the computed class held by producers and handlers; (A) Estimated carry-in on June l, 1998— allotment percentage. (2) the estimated demand for each class 456,994 pounds. This figure is derived by (G) The Committee’s recommended salable of oil; (3) prospective production of subtracting the estimated 1997–98 marketing quantity—1,155,217 pounds. This figure is each class of oil; (4) total of allotment year trade demand of 853,987 pounds from the product of the recommended allotment bases of each class of oil for the current the revised 1997–98 marketing year total percentage and the total estimated allotment marketing year and the estimated total available supply of 1,310,981 pounds. base. of allotment bases of each class for the (B) Estimated world production for the The salable quantity is the total ensuing marketing year; (5) the quantity 1997–98 marketing year—2,186,128 pounds. quantity of each class of spearmint oil of reserve oil, by class, in storage; (6) (C) Estimated Far West production for the which handlers may purchase from or 1997–98 marketing year—892,628 pounds. producer prices of oil, including prices (D) Far West percentage of total world handle on behalf of producers during a for each class of oil; and (7) general production in 1997–98—41 percent. This is marketing year. Each producer is market conditions for each class of oil, down from the 1980 level of approximately allotted a share of the salable quantity including whether the estimated season 80 percent. by applying the allotment percentage to average price to producers is likely to (E) Total estimated allotment base for the the producer’s allotment base for the exceed parity. Conformity with the 1998–99 marketing year—1,826,272 pounds. applicable class of spearmint oil. Department’s ‘‘Guidelines for Fruit, This figure represents a one percent increase The Committee’s recommended over the revised 1997–98 allotment base. Vegetable, and Specialty Crop Scotch spearmint oil salable quantity of Marketing Orders’’ has also been (F) Recommended 1998–99 allotment 1,187,077 pounds and allotment percentage—65 percent. This figure is based reviewed and confirmed. percentage of 65 percent are based on upon recommendations made at the October The establishment of these salable 8, 1997, meeting, as well as at the five the Committee’s goal of maintaining production area meetings held during market stability by avoiding extreme quantities and allotment percentages September. fluctuations in supplies and prices, and would allow for anticipated market (G) The Committee’s computed 1998–99 thereby helping the industry remain needs. In determining anticipated salable quantity—1,187,077 pounds. This competitive on the international level. market needs, consideration by the figure is the product of the recommended The Committee’s recommended Native Committee was given to historical sales, allotment percentage and the total estimated spearmint oil salable quantity of and changes and trends in production allotment base. 1,155,217 pounds and allotment and demand. This rule also provides (H) Estimated available supply for the producers with information on the 1998–99 marketing year—1,644,071 pounds. percentage of 57 percent are based on This figure is derived by adding the anticipated supply and trade demand amount of spearmint oil which should computed salable quantity to the June 1, during the 1998–99 marketing year. The be produced for next season in order to 1998, carry-in volume, and represents the proposed salable quantities are not meet anticipated market demand. total amount of Scotch spearmint oil that expected to cause a shortage of Pursuant to requirements set forth in could be available to the market during the spearmint oil supplies. Any the Regulatory Flexibility Act (RFA), the 1998–99 marketing year. unanticipated or additional market (I) Estimated trade demand for Far West Agricultural Marketing Service (AMS) demand for spearmint oil which may has considered the economic impact of Scotch spearmint oil during the 1998–99 develop during the marketing year can marketing year—900,000 pounds. This figure this action on small entities. be satisfied by an increase in the salable is based upon estimates provided to the Accordingly, the AMS has prepared this Committee by buyers of spearmint oil. quantities. Both Scotch and Native initial regulatory flexibility analysis. (J) Estimated carry-out on June 1, 1999— spearmint oil producers who produce 744,071 pounds. This figure is the difference more than their annual allotments The purpose of the RFA is to fit between the 1998–99 estimated trade during the 1998–99 season may transfer regulatory actions to the scale of demand and the 1998–99 estimated available such excess spearmint oil to a producer business subject to such actions in order supply. with spearmint oil production less than that small businesses will not be unduly (2) Class 3 (Native) Spearmint Oil his or her annual allotment or put it into or disproportionately burdened. (A) Estimated carry-in on June 1, 1998— the reserve pool. Marketing orders issued pursuant to the 34,756 pounds. This figure is the difference This proposed regulation, if adopted, Act, and rules issued thereunder, are between the estimated 1997–98 marketing would be similar to those which have unique in that they are brought about year trade demand of 1,150,000 pounds and been issued in prior seasons. Costs to through group action of essentially Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67299 small entities acting on their own of avoiding extreme fluctuations in producers is likely to exceed parity. behalf. Thus, both statutes have small supplies and prices, and thus help to Based on its review, the Committee entity orientation and compatibility. maintain stability in the spearmint oil believes that the salable quantity and There are 9 spearmint oil handlers market. This action is authorized by the allotment percentage levels subject to regulation under the order, provisions of sections 985.50, 985.51 recommended will achieve the and approximately 124 producers of and 985.52 of the order. objectives sought. Class 1 (Scotch) spearmint oil and Small spearmint oil producers Without any regulations in effect, the approximately 110 producers of Class 3 generally are not extensively diversified Committee believes the industry would (Native) spearmint oil in the regulated and as such are more at risk to market return to the pattern of cyclical prices of production area. Small agricultural fluctuations. Such small farmers prior years, as well as suffer the service firms are defined by the Small generally need to market their entire potentially price depressing Business Administration (SBA) (13 CFR annual crop and do not have the luxury consequence that a release of the nearly 121.601) as those having annual receipts of having other crops to cushion seasons 1.2 million pounds of spearmint oil of less than $5,000,000, and small with poor spearmint oil returns. reserves would have on the market. agricultural producers have been Conversely, large diversified producers According to the Committee, higher or defined as those whose annual receipts have the potential to endure one or lower salable quantities and allotment are less than $500,000. more seasons of poor spearmint oil percentages would not achieve the Based on the SBA’s definition of markets because incomes from alternate intended goals of market and price small entities, the Committee estimates crops could support the operation for a stability, with market share that two of the nine handlers regulated period of time. Being reasonably assured maintenance and growth. by the order would be considered small of a stable price and market provides Annual salable quantities and entities. Most of the handlers are large small producing entities with the ability allotment percentages have been issued corporations involved in the to maintain proper cash flow and to for both classes of spearmint oil since international trading of essential oils meet annual expenses. Thus, the market the order’s inception. Reporting and and the products of essential oils. In and price stability provided by the order recordkeeping requirements have addition, the Committee estimates that potentially benefit the small producer remained the same for each year of 29 of the 124 Scotch spearmint oil more than such provisions benefit large regulation. Accordingly, this action producers and 14 of the 110 Native producers. Even though a majority of would not impose any additional spearmint oil producers would be handlers and producers of spearmint oil reporting or recordkeeping requirements classified as small entities under the may not be classified as small entities, on either small or large spearmint oil SBA definition. Thus, a majority of the volume control feature of this order producers and handlers. All reports and handlers and producers of Far West has small entity orientation. forms associated with this program are spearmint oil may not be classified as The order has contributed extensively reviewed periodically in order to avoid small entities. to the stabilization of producer prices, unnecessary and duplicative The Far West spearmint oil industry which prior to 1980 experienced wide information collection by industry and is characterized by producers whose fluctuations from year to year. For public sector agencies. The Department farming operations generally involve example, between 1971 and 1975 the has not identified any relevant Federal more than one commodity, and whose price of Native spearmint oil ranged rules that duplicate, overlap, or conflict income from farming operations is not from $3.00 per pound to $11.00 per with this proposed rule. exclusively dependent on the pound. In contrast, under the order, Finally, the Committee’s meeting was production of spearmint oil. Crop prices have stabilized between $10.50 widely publicized throughout the rotation is an essential cultural practice and $11.50 per pound for the past ten spearmint oil industry and all interested in the production of spearmint oil for years. persons were invited to attend and weed, insect, and disease control. A Alternatives to the proposal included participate on all issues. Interested normal spearmint oil producing not regulating the handling of spearmint persons are also invited to submit operation would have enough acreage oil during the 1998–99 marketing year, information on the regulatory and for rotation such that the total acreage and recommending either higher or informational impacts of this action on required to produce the crop would be lower levels for the salable quantities small businesses. about one-third spearmint and two- and allotment percentages. The A 30-day comment period is provided thirds rotational crops. An average Committee reached its recommendation to allow interested persons the spearmint oil producing farm would to establish salable quantities and opportunity to respond to the proposal, thus have to have considerably more allotment percentages for both classes of including any regulatory and acreage than would be planted to spearmint oil after careful consideration informational impacts of this action on spearmint during any given season. To of all available information, including: small businesses. Thirty days is deemed remain economically viable with the (1) The estimated quantity of salable oil appropriate because this rule would added costs associated with spearmint of each class held by producers and need to be in place as soon as possible production, most spearmint oil handlers; (2) the estimated demand for to provide producers sufficient time producing farms would fall into the each class of oil; (3) prospective prior to the beginning of the 1998–99 SBA category of large businesses in production of each class of oil; (4) total marketing year to adjust their cultural order to remain economically viable due of allotment bases of each class of oil for and marketing plans accordingly. All to added costs associated with the the current marketing year and the written comments received within the production of spearmint oil. estimated total of allotment bases of comment period will be considered This proposed rule would establish each class for the ensuing marketing before a final determination is made on the quantity of spearmint oil produced year; (5) the quantity of reserve oil, by this matter. in the Far West, by class, that handlers class, in storage; (6) producer prices of may purchase from, or handle for, oil, including prices for each class of oil; List of Subjects in 7 CFR Part 985 producers during the 1998–99 and (7) general market conditions for Marketing agreements, Oils and fats, marketing year. The committee each class of oil, including whether the Reporting and recordkeeping recommended this rule for the purpose estimated season average price to requirements, Spearmint oil. 67300 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

For the reasons set forth in the should be sent to the Commission’s DEPARTMENT OF TRANSPORTATION preamble, 7 CFR Part 985 is proposed to postal service address: Federal Election be amended as follows: Commission, 999 E Street, NW., Federal Aviation Administration Washington, DC 20463. Faxed requests 14 CFR Part 39 PART 985ÐMARKETING ORDER and comments should be sent to (202) REGULATING THE HANDLING OF 219–3923. Commenters submitting [Docket No. 95±CE±70±AD] SPEARMINT OIL PRODUCED IN THE faxed documents also should submit a FAR WEST RIN 2120±AA64 printed copy to the Commission’s postal 1. The authority citation for 7 CFR service address to ensure legibility. Airworthiness Directives; SocataÐ Part 985 continues to read as follows: Requests to testify and comments also Groupe Aerospatiale Models TB9, Authority: 7 U.S.C. 601–674. may be sent by electronic mail to TB10, and TB200 Airplanes ‘‘[email protected]’’. Persons sending 2. A new § 985.217 is added to read AGENCY: Federal Aviation requests and comments by electronic as follows: Administration, DOT. mail should include their full name, ACTION: Notice of proposed rulemaking Note: This section will not appear in the electronic mail address and postal (NPRM). Code of Federal Regulations. service address within the text of the § 985.217 Salable quantities and allotment request and comments. Commission SUMMARY: This document proposes to percentagesÐ1998±99 marketing year. hearings are held in the Commission’s adopt a new airworthiness directive The salable quantity and allotment ninth floor meeting room, 999 E Street, (AD) that would apply to certain percentage for each class of spearmint N.W., Washington, D.C. SOCATA—Groupe AEROSPATIALE oil during the marketing year beginning (Socata) Models TB9, TB10, and TB200 FOR FURTHER INFORMATION CONTACT: Ms. on June 1, 1998, shall be as follows: airplanes. The proposed AD would Susan E. Propper, Assistant General (a) Class 1 (Scotch) oil—a salable require inspecting the main landing gear quantity of 1,187,077 pounds and an Counsel, or Ms. Teresa A. Hennessy, (MLG) support ribs for cracks, replacing allotment percentage of 65 percent. Attorney, 999 E Street, N.W., D.C. MLG support ribs that have cracks (b) Class 3 (Native) oil—a salable 20463, (202) 219–3690 or (800)424– beyond a certain level, and quantity of 1,155,217 pounds and an 9530. incorporating a certain MLG support rib allotment percentage of 57 percent. SUPPLEMENTARY INFORMATION: On reinforcement kit. The proposed AD is Dated: December 18, 1997. September 26, 1997, the Commission the result of mandatory continuing Robert C. Keeney, published in the Federal Register a airworthiness information (MCAI) issued by the airworthiness authority for Deputy Administrator, Fruit and Vegetable Notice of Proposed Rulemaking Programs. [’NPRM’] on multiple amendments to France. The actions specified by the proposed AD are intended to prevent [FR Doc. 97–33592 Filed 12–23–97; 8:45 am] the requirements for recordkeeping, MLG failure caused by cracks in the reporting, and filing with State officers BILLING CODE 3410±02±P support ribs, which could result in loss at 11 CFR 102.9, 104.3 and part 108. 62 of control of the airplane during landing FR 50708. The NPRM announced that a operations. FEDERAL ELECTION COMMISSION hearing on the proposed rules would be DATES: Comments must be received on held on November 5, 1997 if the or before January 26, 1998. 11 CFR Parts 102, 104 and 108 Commission received sufficient requests to testify. ADDRESSES: Submit comments in [Notice 1997±21] triplicate to the Federal Aviation The comment period on the NPRM Recordkeeping and Reporting Administration (FAA), Central Region, ended on October 27, 1997. The Office of the Regional Counsel, AGENCY: Federal Election Commission. Commission received comments from Attention: Rules Docket No. 95–CE–70– ACTION: Notice of Public Hearing. four sources; three of these did not AD, Room 1558, 601 E. 12th Street, request to testify at a hearing. A fourth Kansas City, Missouri 64106. Comments SUMMARY: The Federal Election expressed interest in testifying but was may be inspected at this location Commission is announcing a public unable to appear on the scheduled between 8 a.m. and 4 p.m., Monday hearing on proposed changes to its hearing date. After further considering through Friday, holidays excepted. regulations that govern recordkeeping, this comment, as well as the other Service information that applies to the reporting, and filing with State officers comments received in response to the proposed AD may be obtained from the under the Federal Election Campaign NPRM, the Commission believes a SOCATA—Groupe AEROSPATIALE, Act of 1971, as amended. public hearing would be beneficial in Socata Product Support, Aeroport DATES: The hearing will be held at 10:00 considering the issues raised in the Tarbes-Ossun-Lourdes, B P 930, 65009 a.m. on February 11, 1998. Requests to rulemaking. The hearing will be held at Tarbes Cedex, France; telephone: testify must be received on or before 10:00 a.m. on February 11, 1998. 62.41.74.26; facsimile: 62.41.74.32; or January 23, 1998. Persons requesting to the Product Support Manager, testify also must submit written Dated: December 18, 1997. SOCATA—Groupe AEROSPATIALE, comments by January 23, 1998, if they John Warren McGarry, North Perry Airport, 7501 Pembroke have not previously filed written Chairman, Federal Election Commission. Road, Pembroke Pines, Florida 33023; comments on the proposed rules. [FR Doc. 97–33561 Filed 12–23–97; 8:45 am] telephone: (954) 964–6877; facsimile: ADDRESSES: Requests to testify, and any BILLING CODE 6715±01±P (954) 964–1668. This information also accompanying comments, should be may be examined at the Rules Docket at addressed to Ms. Susan E. Propper, the address above. Assistant General Counsel, and must be FOR FURTHER INFORMATION CONTACT: Mr. submitted in either written or electronic Karl Schletzbaum, Aerospace Engineer, form. Written requests and comments FAA, Small Airplane Directorate, 1201 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67301

Walnut Street, suite 900, Kansas City, Relevant Service Information Differences Between the French AD, the Missouri 64106; telephone (816) 426– Service Bulletin, and This Proposed AD 6934; facsimile (816) 426–2169. Socata has issued Service Bulletin No. SB 10–085, Amdt. 2, dated April 1996, French AD 94–265(A)R4, dated June SUPPLEMENTARY INFORMATION: which specifies procedures for 19, 1996, and Socata Service Bulletin No. SB 10–085, Amdt. 2, dated April Comments Invited inspecting the MLG support ribs for cracks. Also included in this service 1996, both give the owners/operators of Interested persons are invited to bulletin is reference to certain MLG certain Models TB10 and TB200 participate in the making of the support rib reinforcement kits that airplanes the option of incorporating a proposed rule by submitting such should be incorporated on the Socata MLG support rib reinforcement kit or written data, views, or arguments as Models TB9, TB10, and TB200 repetitively inspecting if no cracks are they may desire. Communications airplanes, depending on the inspection found in the MLG support ribs during should identify the Rules Docket results. The procedures for the initial inspection. The FAA’s policy is to provide number and be submitted in triplicate to incorporating the modification kits are corrective action that will eliminate the the address specified above. All either in the technical instructions need for repetitive inspections. The communications received on or before included with the kit or the FAA has determined that long-term the closing date for comments, specified maintenance manual. above, will be considered before taking operational safety will be better assured The DGAC classified this service by design changes that remove the action on the proposed rule. The bulletin as mandatory and issued DGAC proposals contained in this notice may source of the problem, rather than by AD 94–265(A)R4, dated June 19, 1996, repetitive inspections or other special be changed in light of the comments in order to assure the continued procedures. received. airworthiness of these airplanes in Because the incorporation of the Comments are specifically invited on France. applicable MLG support rib the overall regulatory, economic, The FAA’s Determination reinforcement kit on the affected environmental, and energy aspects of airplanes eliminates the need for the proposed rule. All comments This airplane model is manufactured repetitive inspections, the proposed AD submitted will be available, both before in France and is type certificated for differs from the service bulletin and and after the closing date for comments, operation in the United States under the French AD in that it would mandate in the Rules Docket for examination by provisions of section 21.29 of the eventual incorporation of the applicable interested persons. A report that Federal Aviation Regulations (14 CFR MLG support rib reinforcement kit. summarizes each FAA-public contact 21.29) and the applicable bilateral Cost Impact concerned with the substance of this airworthiness agreement. Pursuant to proposal will be filed in the Rules this bilateral airworthiness agreement, The FAA estimates that 146 airplanes Docket. the DGAC has kept the FAA informed in the U.S. registry would be affected by Commenters wishing the FAA to of the situation described above. the proposed AD. Accomplishing the proposed acknowledge receipt of their comments The FAA has examined the findings inspection would take approximately 1 submitted in response to this notice of the DGAC; reviewed all available workhour per airplane, at an average must submit a self-addressed, stamped information, including the service labor rate of approximately $60 an hour. postcard on which the following information referenced above; and Based on these figures, the total cost statement is made: ‘‘Comments to determined that AD action is necessary Docket No. 95–CE–70–AD.’’ The impact of the proposed inspection on for products of this type design that are U.S. operators is estimated to be $8,760, postcard will be date stamped and certificated for operation in the United returned to the commenter. or $60 per airplane. States. The proposed modification would Availability of NPRMs Explanation of the Provisions of the take approximately 1 workhour to Proposed AD incorporate the applicable kits on each Any person may obtain a copy of this wing (total of 2 workhours), at an NPRM by submitting a request to the Since an unsafe condition has been average labor rate of $60 per hour. Parts FAA, Central Region, Office of the identified that is likely to exist or cost approximately $1,200 per airplane Regional Counsel, Attention: Rules develop in other Socata Models TB9, ($300 per kit; 2 kits per wing × 2 wings Docket No. 95–CE–70–AD, Room 1558, TB10, and TB200 airplanes of the same per airplane). Based on these figures, the 601 E. 12th Street, Kansas City, Missouri type design registered in the United total cost impact of the proposed 64106. States, the FAA is proposing AD action. modification on U.S. operators is Discussion The proposed AD would require estimated to be $192,720 or $1,320 per inspecting the MLG support ribs for airplane. The Direction Ge´ne´rale de l’Aviation cracks, replacing any MLG support ribs Civile (DGAC), which is the that have cracks beyond a certain level, Regulatory Impact airworthiness authority for France, and incorporating a certain MLG The regulations proposed herein recently notified the FAA that an unsafe support rib reinforcement kit if cracks would not have substantial direct effects condition may exist on certain Socata beyond a certain level are not found. on the States, on the relationship Models TB9, TB10, and TB200 Accomplishment of the proposed between the national government and airplanes. The DGAC reports several inspections would be in accordance the States, or on the distribution of incidents of the main landing gear with Socata Service Bulletin No. SB 10– power and responsibilities among the (MLG) support ribs cracking on the 085, Amdt. 2, dated April 1996. various levels of government. Therefore, above-referenced airplanes. These Accomplishment of the proposed kit in accordance with Executive Order conditions, if not detected and modifications, as applicable, would be 12612, it is determined that this corrected, could result in MLG failure in accordance with either the technical proposal would not have sufficient with consequent loss of control of the instructions included with the kit or the federalism implications to warrant the airplane during landing operations. maintenance manual. preparation of a Federalism Assessment. 67302 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

For the reasons discussed above, I To prevent main landing gear (MLG) accordance with the Technical Instruction of certify that this action (1) is not a failure caused by cracks in the support ribs, Modification, OPT10 9201–57, ‘‘significant regulatory action’’ under which could result in loss of control of the Reinforcement of the Main Landing Gear Executive Order 12866; (2) is not a airplane during landing operations, Support Ribs, which incorporates the accomplish the following: ‘‘significant rule’’ under DOT following pages: Regulatory Policies and Procedures (44 Note 2: The compliance times of this AD are presented in landings instead of hours Pages Revision level Date FR 11034, February 26, 1979); and (3) if time-in-service (TIS). If the number of promulgated, will not have a significant landings is unknown, hours TIS may be used 1 and 2 ...... Amendment 1 April economic impact, positive or negative, by multiplying the number of hours TIS by 1996. on a substantial number of small entities 0.67. 3 through 27 .... Original Issue .. Novem- under the criteria of the Regulatory Note 3: The paragraph structure of this AD ber Flexibility Act. A copy of the draft is as follows: Level 1: (a), (b), (c), etc.; Level 1995. regulatory evaluation prepared for this 2: (1), (2), (3), etc.; Level 3: (i), (ii), (iii), etc. action has been placed in the Rules Level 2 and Level 3 structures are (i) Prior to further flight if any cracks are Docket. A copy of it may be obtained by designations of the Level 1 paragraph they found. immediately follow. contacting the Rules Docket at the (ii) Upon accumulating 7,500 landings on location provided under the caption (a) For TB9, serial numbers (S/N) 1 through the MLG support ribs or within the next 100 1442 and 1444 through 1574; and TB10, landings after the effective date of this AD, ADDRESSES. S/N 1 through 803; 805; 806; 809 through whichever occurs later, if no cracks are List of Subjects in 14 CFR Part 39 815; 820; 821; and 822, airplanes that are not found. equipped with either wing rib reinforcement (c) Special flight permits may be issued in Air transportation, Aircraft, Aviation kit No. OPT10910800 (TB9 and TB10 accordance with sections 21.197 and 21.199 safety, Safety. airplanes) or do not have reinforced ribs of the Federal Aviation Regulations (14 CFR The Proposed Amendment (TB10 airplanes), part number (P/N) TB10 21.197 and 21.199) to operate the airplane to 11008001 and P/N TB10 11008002, a location where the requirements of this AD Accordingly, pursuant to the accomplish the following: can be accomplished. authority delegated to me by the (1) Upon accumulating 1,500 landings on (d) An alternative method of compliance or Administrator, the Federal Aviation the MLG support ribs or within the next 75 adjustment of the compliance time that Administration proposes to amend part landings after the effective date of this AD, provides an equivalent level of safety may be whichever occurs later, inspect the MLG 39 of the Federal Aviation Regulations approved by the Manager, Small Airplane support ribs for cracks at all four locations (14 CFR part 39) as follows: Directorate, FAA, 1201 Walnut, suite 900, (two per wing) in accordance with the Kansas City, Missouri 64106. The request ACCOMPLISHMENT INSTRUCTIONS PART 39ÐAIRWORTHINESS shall be forwarded through an appropriate section of Socata Service Bulletin No. SB 10– DIRECTIVES FAA Maintenance Inspector, who may add 085, Amdt. 2, dated April 1996. (2) If any cracks are found that are out of comments and then send it to the Manager, 1. The authority citation for part 39 Small Airplane Directorate. continues to read as follows: the tolerances specified in the maintenance manual, prior to further flight, replace the Note 4: Information concerning the Authority: 49 U.S.C. 106(g), 40113, 44701. ribs with reinforced ribs, P/N TB10 11008001 existence of approved alternative methods of and P/N TB10 11008002. Accomplish the compliance with this AD, if any, may be § 39.13 [Amended] replacement in accordance with the obtained from the Small Airplane 2. Section 39.13 is amended by maintenance manual. Directorate. adding a new airworthiness directive (3) If any cracks are found that are within (e) Questions or technical information (AD) to read as follows: the tolerances specified in the maintenance related to the service information referenced Socata—Groupe Aerospatiale: Docket No. manual, prior to further flight, incorporate in this AD should be directed to the 95–CE–70–AD. wing rib reinforcement kit No. OPT10910800 SOCATA—Groupe AEROSPATIALE, Socata in accordance with the maintenance manual. Applicability: Models TB9, TB10, and Product Support, Aeroport Tarbes-Ossun- (4) If no cracks are found, upon TB200 airplanes, serial numbers 1 through Lourdes, B P 930, 65009 Tarbes Cedex, accumulating 3,000 landings on the MLG 9999, certificated in any category. France; telephone: 62.41.74.26; facsimile: support ribs or within the next 100 landings Note 1: This AD applies to each airplane 62.41.74.32; or the Product Support Manager, after the effective date of this AD, whichever SOCATA—Groupe AEROSPATIALE, North identified in the preceding applicability occurs later, incorporate wing rib provision, regardless of whether it has been Perry Airport, 7501 Pembroke Road, reinforcement kit No. OPT10910800 in Pembroke Pines, Florida 33023; telephone: modified, altered, or repaired in the area accordance with the maintenance manual. (954) 964–6877; facsimile: (954) 964–1668. subject to the requirements of this AD. For (b) For Models TB10 and TB200 airplanes, This service information may be examined at airplanes that have been modified, altered, or S/N 804; 807; 808; 816 through 819; 823 the FAA, Central Region, Office of the repaired so that the performance of the through 1701; 1707 through 1733; and 1737 Regional Counsel, Room 1558, 601 E. 12th requirements of this AD is affected, the to 1761, accomplish the following: Street, Kansas City. owner/operator must request approval for an (1) Upon accumulating 6,000 landings on alternative method of compliance in the MLG support ribs or within the next 75 Note 5: The subject of this AD is addressed accordance with paragraph (d) of this AD. landings after the effective date of this AD, in French AD 94–265(A)R4, dated June 19, The request should include an assessment of whichever occurs later, inspect the MLG 1996. the effect of the modification, alteration, or support ribs for cracks at all four locations Issued in Kansas City, Missouri, on repair on the unsafe condition addressed by (two per wing) in accordance with the December 16, 1997. this AD; and, if the unsafe condition has not ACCOMPLISHMENT INSTRUCTIONS Michael Gallagher, been eliminated, the request should include section of Socata Service Bulletin No. SB 10– Manager, Small Airplane Directorate, Aircraft specific proposed actions to address it. 085, Amdt. 2, dated April 1996. Certification Service. Compliance: Required as indicated in the (2) At the applicable compliance time body of this AD, unless already presented below, incorporate wing rib [FR Doc. 97–33511 Filed 12–23–97; 8:45 am] accomplished. reinforcement kit No. OPT10 920100 in BILLING CODE 4910±13±U Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67303

DEPARTMENT OF TRANSPORTATION proposed rule by submitting such specified in the service bulletin is written data, views, or arguments as intended to adequately address the Federal Aviation Administration they may desire. Communications shall identified unsafe condition. The CAA identify the Rules Docket number and classified this service bulletin as 14 CFR Part 39 be submitted in triplicate to the address mandatory and issued British [Docket No. 97±NM±143±AD] specified above. All communications airworthiness directive 005–08–96 in received on or before the closing date order to assure the continued RIN 2120±AA64 for comments, specified above, will be airworthiness of these airplanes in the Airworthiness Directives; British considered before taking action on the United Kingdom. proposed rule. The proposals contained Aerospace Model 4100 Series FAA’s Conclusions Airplanes in this notice may be changed in light of the comments received. This airplane model is manufactured AGENCY: Federal Aviation Comments are specifically invited on in the United Kingdom and is type Administration, DOT. the overall regulatory, economic, certificated for operation in the United ACTION: Notice of proposed rulemaking environmental, and energy aspects of States under the provisions of section (NPRM). the proposed rule. All comments 21.29 of the Federal Aviation submitted will be available, both before Regulations (14 CFR 21.29) and the SUMMARY: This document proposes the and after the closing date for comments, applicable bilateral airworthiness adoption of a new airworthiness in the Rules Docket for examination by agreement. Pursuant to this bilateral directive (AD) that is applicable to interested persons. A report airworthiness agreement, the CAA has certain British Aerospace Model 4100 summarizing each FAA-public contact kept the FAA informed of the situation series airplanes. This proposal would concerned with the substance of this described above. The FAA has require replacement of the stringer joint proposal will be filed in the Rules examined the findings of the CAA, pieces at the left side of the fuselage Docket. reviewed all available information, and with new, improved parts. This Commenters wishing the FAA to determined that AD action is necessary proposal is prompted by issuance of acknowledge receipt of their comments for products of this type design that are mandatory continuing airworthiness submitted in response to this notice certificated for operation in the United information by a foreign civil must submit a self-addressed, stamped States. airworthiness authority. The actions postcard on which the following Explanation of Requirements of specified by the proposed AD are statement is made: ‘‘Comments to Proposed Rule intended to prevent the fuselage Docket Number 97–NM–143–AD.’’ The structure at the stringer joint at station postcard will be date stamped and Since an unsafe condition has been 130 on the left side of the airplane from returned to the commenter. identified that is likely to exist or cracking, which could result in rapid develop on other airplanes of the same decompression of the airplane at the Availability of NPRMs type design registered in the United forward fuselage area. Any person may obtain a copy of this States, the proposed AD would require DATES: Comments must be received by NPRM by submitting a request to the accomplishment of the actions specified January 23, 1998. FAA, Transport Airplane Directorate, in the service bulletin described ADDRESSES: Submit comments in ANM–103, Attention: Rules Docket No. previously. triplicate to the Federal Aviation 97–NM–143–AD, 1601 Lind Avenue, Cost Impact Administration (FAA), Transport SW., Renton, Washington 98055–4056 The FAA estimates that 10 Model Airplane Directorate, ANM–103, Discussion Attention: Rules Docket No. 97–NM– 4100 series airplanes of U.S. registry 143–AD, 1601 Lind Avenue, SW., The Civil Aviation Authority (CAA), would be affected by this proposed AD, Renton, Washington 98055–4056. which is the airworthiness authority for that it would take approximately 70 Comments may be inspected at this the United Kingdom, notified the FAA work hours per airplane to accomplish location between 9:00 a.m. and 3:00 that an unsafe condition may exist on the proposed actions, and that the p.m., Monday through Friday, except certain British Aerospace Model 4100 average labor rate is $60 per work hour. Federal holidays. series airplanes. The CAA advises that Required parts would be provided by The service information referenced in a batch of fuselage stringer joint pieces the manufacturer at no cost to operators. the proposed rule may be obtained from were incorrectly formed during Based on these figures, the cost impact AI(R) American Support, Inc., 13850 manufacturing. This condition, if not of the proposed AD on U.S. operators is McLearen Road, Herndon, Virginia corrected, could cause reduced fatigue estimated to be $42,000, or $4,200 per 20171. This information may be strength properties of the joint piece, airplane. examined at the FAA, Transport cracking, and failure of the fuselage The cost impact figure discussed Airplane Directorate, 1601 Lind structure on the stringer joint at four above is based on assumptions that no Avenue, SW., Renton, Washington. positions at station 130 on the left side operator has yet accomplished any of FOR FURTHER INFORMATION CONTACT: of the airplane, which could result in the proposed requirements of this AD International Branch, ANM–116, FAA, rapid decompression of the aircraft at action, and that no operator would Transport Airplane Directorate, 1601 the forward fuselage area. accomplish those actions in the future if this AD were not adopted. Lind Avenue, SW., Renton, Washington Explanation of Relevant Service 98055–4056, telephone (425) 227–2110; Information Regulatory Impact fax (425) 227–1149. Jetstream has issued Service Bulletin The regulations proposed herein SUPPLEMENTARY INFORMATION: J41–53–039, dated August 22, 1996, would not have substantial direct effects which describes procedures for on the States, on the relationship Comments Invited replacement of certain stringer joint between the national government and Interested persons are invited to pieces with new, improved parts. the States, or on the distribution of participate in the making of the Accomplishment of the actions power and responsibilities among the 67304 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules various levels of government. Therefore, been eliminated, the request should include certain nonqualified deferred in accordance with Executive Order specific proposed actions to address it. compensation plans are taken into 12612, it is determined that this Compliance: Required as indicated, unless account as ‘‘wages’’ for purposes of the proposal would not have sufficient accomplished previously. taxes imposed by the Federal Insurance federalism implications to warrant the To prevent the fuselage structure at the Contributions Act (FICA). This preparation of a Federalism Assessment. stringer joint at station 130 on the left side document extends the proposed general of the airplane from cracking, which could For the reasons discussed above, I result in rapid decompression of the airplane effective date of the regulations to certify that this proposed regulation (1) at the forward fuselage area, accomplish the January 1, 1998. The extension also is not a ‘‘significant regulatory action’’ following: applies to the proposed regulations under Executive Order 12866; (2) is not (a) Within 6,000 flight hours after the under section 3306(r)(2), relating to a ‘‘significant rule’’ under the DOT effective date of this AD, replace the stringer when amounts deferred under or paid Regulatory Policies and Procedures (44 joint pieces at four positions at station 130 from certain nonqualified deferred FR 11034, February 26, 1979); and (3) if on the left side of the airplane with new, compensation plans are taken into improved parts in accordance with the promulgated, will not have a significant account as ‘‘wages’’ for purposes of the Accomplishment Instructions of Jetstream taxes imposed by the Federal economic impact, positive or negative, Service Bulletin J41–53–039, dated August on a substantial number of small entities 22, 1996. Unemployment Tax Act (FUTA), due to under the criteria of the Regulatory (b) An alternative method of compliance or the cross-reference therein to the Flexibility Act. A copy of the draft adjustment of the compliance time that provisions of the proposed regulations regulatory evaluation prepared for this provides an acceptable level of safety may be under section 3121(v)(2). action is contained in the Rules Docket. used if approved by the Manager, DATES: Written comments and requests A copy of it may be obtained by International Branch, ANM–116, FAA, for a public hearing must be received by Transport Airplane Directorate. Operators March 24, 1998. contacting the Rules Docket at the shall submit their requests through an location provided under the caption appropriate FAA Principal Maintenance ADDRESSES: Send submissions to: ADDRESSES. Inspector, who may add comments and then CC:DOM:CORP:R (EE–142–87), room 5228, Internal Revenue Service, P.O. List of Subjects in 14 CFR Part 39 send it to the Manager, International Branch, ANM–116. Box 7604, Ben Franklin Station, Air transportation, Aircraft, Aviation Note 2: Information concerning the Washington, DC 20044. In the safety, Safety. existence of approved alternative methods of alternative, submissions may be hand compliance with this AD, if any, may be delivered between the hours of 8 a.m. The Proposed Amendment obtained from the International Branch, and 5 p.m. to: CC:DOM:CORP:R (REG– Accordingly, pursuant to the ANM–116. 209484–87), Courier’s Desk, Internal authority delegated to me by the (c) Special flight permits may be issued in Revenue Service, 1111 Constitution Administrator, the Federal Aviation accordance with sections 21.197 and 21.199 Avenue, NW. Washington, DC. Administration proposes to amend part of the Federal Aviation Regulations (14 CFR Alternatively, taxpayers may submit 39 of the Federal Aviation Regulations 21.197 and 21.199) to operate the airplane to comments electronically via the Internet a location where the requirements of this AD by selecting the ‘‘Tax Regs’’ option of (14 CFR part 39) as follows: can be accomplished. the IRS Home Page, or by submitting PART 39ÐAIRWORTHINESS Note 3: The subject of this AD is addressed comments directly to the IRS Internet DIRECTIVES in the British airworthiness directive 005– 08–96. site at: http://www.irs.ustreas.gov/prod/ tax—regs/comments.html. 1. The authority citation for part 39 Issued in Renton, Washington, on FOR FURTHER INFORMATION CONTACT: continues to read as follows: December 16, 1997. Darrell M. Pederson, Janine Cook, (202) 622–6040 (not a toll- Authority: 49 U.S.C. 106(g), 40113, 44701. Acting Manager, Transport Airplane free number), concerning the § 39.13 [Amended] Directorate, Aircraft Certification Service. regulations, and Michael Slaughter, [FR Doc. 97–33510 Filed 12–23–97; 8:45 am] (202) 622–7190 (not a toll-free number), 2. Section 39.13 is amended by concerning submissions. adding the following new airworthiness BILLING CODE 4910±13±M directive: SUPPLEMENTARY INFORMATION: British Aerospace Regional Aircraft Background DEPARTMENT OF THE TREASURY [Formerly Jetstream Aircraft Limited; This document contains a revision to British Aerospace (Commercial Aircraft) Limited]: Docket 97–NM–143–AD. Internal Revenue Service the proposed amendments to the Employment Tax Regulations (26 CFR Applicability: Model 4100 series airplanes, constructors numbers 41081 through 41091 26 CFR Part 31 part 31) under section 3121(v)(2) of the Internal Revenue Code of 1986 (Code), inclusive, certificated in any category. [REG±209484±87 and REG±209807±95] Note 1: This AD applies to each airplane relating to the Federal Insurance RIN 1545±AF97; 1545±AT99 identified in the preceding applicability Contributions Act (FICA) tax treatment of amounts deferred under or paid from provision, regardless of whether it has been FICA and FUTA Taxation of Amounts modified, altered, or repaired in the area certain nonqualified deferred subject to the requirements of this AD. For Under Employee Benefit Plans compensation plans. The proposed airplanes that have been modified, altered, or AGENCY: Internal Revenue Service (IRS), regulations were published in the repaired so that the performance of the Treasury. Federal Register on January 25, 1996 requirements of this AD is affected, the ACTION: Notice of proposed rulemaking. (61 FR 2194), with a proposed general owner/operator must request approval for an effective date of January 1, 1997. This alternative method of compliance in SUMMARY: accordance with paragraph (b) of this AD. This document contains a document extends the proposed general The request should include an assessment of revision to the proposed regulations effective date to January 1, 1998. The the effect of the modification, alteration, or under section 3121(v)(2) of the Internal same issue of the Federal Register repair on the unsafe condition addressed by Revenue Code of 1986, relating to when contained proposed amendments to the this AD; and, if the unsafe condition has not amounts deferred under or paid from Employment Tax Regulations under Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67305 section 3306(r)(2) of the Code, relating Comments and Requests for a Public for amounts deferred and benefits paid to the Federal Unemployment Tax Act Hearing on or after January 1, 1998. (FUTA) tax treatment of amounts * * * * * Before this revision to the proposed deferred under or paid from certain Michael P. Dolan, nonqualified deferred compensation regulations is adopted as part of the Deputy Commissioner of Internal Revenue. plans (61 FR 2214). The proposed final regulations, consideration will be regulations under section 3306(r)(2) given to any written comments [FR Doc. 97–33247 Filed 12–23–97; 8:45 am] cross-reference the provisions of the (preferably a signed original and eight BILLING CODE 4830±01±U proposed regulations under section (8) copies) that are submitted timely to 3121(v)(2), including the proposed the IRS. All comments will be available general effective date. Consequently, the for public inspection and copying. A DEPARTMENT OF DEFENSE extension of the effective date under the public hearing may be scheduled if Department of the Air Force proposed regulations under section requested in writing by a person that 3121(v)(2) automatically applies to the timely submits written comments. If a 32 CFR Part 989 proposed regulations under section public hearing is scheduled, notice of RIN 0701±AA56 3306(r)(2). the date, time, and place for the hearing The project numbers assigned to the will be published in the Federal notices of proposed rulemaking setting Environmental Impact Analysis forth the proposed regulations under Register. Process (EIAP) section 3121(v)(2) and section 3306(r)(2) Drafting Information AGENCY: Department of the Air Force, were EE–142–87 and EE–55–95, Department of Defense. respectively. Due to changes in the The principal author of this revision Internal Revenue Service’s regulations to the proposed regulations is Janine ACTION: Proposed rule. numbering system, the project numbers Cook, Office of the Associate Chief SUMMARY: The Department of the Air for this notice of proposed rulemaking Counsel (Employee Benefits and Exempt Force proposes to revise its instruction have been changed to REG–209484–87 Organizations), IRS. However, other to improve the Air Force process for and REG–209807–95, respectively, as personnel from the IRS and Treasury compliance with the National reflected at the beginning of this Department participated in its Environmental Policy Act (NEPA) and document. development. Executive Order 12114, Environmental Explanation of Provisions List of Subjects in 26 CFR Part 31 Effects Abroad of Major Federal Actions. Section 31.3121(v)(2)–1(g)(1)(i) of the The revisions integrate environmental proposed regulations provides that the Employment taxes, Income taxes, analysis and align environmental proposed general effective date of the Penalties, Pensions, Railroad retirement, document approval levels with the Air regulations is January 1, 1997. Because Reporting and recordkeeping Force decision-making process. It also the final regulations have not been requirements, Social security, expands Air Force environmental issued, this document contains an Unemployment tax, Withholding. participants and responsibilities of the amendment to the proposed regulations Environmental Planning Function (EPF) Proposed Amendments to the to extend the proposed general effective and the proponent of an action. The Regulations date to January 1, 1998. This extension public is invited to submit comments on of the proposed general effective date these changes to the point of contact Accordingly, 26 CFR part 31 is listed below. also applies to § 31.3306(r)(2)–1 of the proposed to be amended as follows: proposed regulations due to the cross- DATES: Comments must be received no reference therein to the provisions in PART 31ÐEMPLOYMENT TAXES AND later than February 23, 1998. the proposed regulations under section COLLECTION OF INCOME TAX AT ADDRESSES: Comments should be 3121(v)(2). SOURCE submitted to HQ USAF/ILEVP, 1260 Air Force Pentagon, Washington, DC 20330– Special Analyses Paragraph 1. The authority citation 1260. It has been determined that this notice for part 31 continues to read in part as FOR FURTHER INFORMATION CONTACT: of proposed rulemaking is not a follows: Mr. Kenneth L. Reinertson or Mr. Jack significant regulatory action as defined C. Bush, (703) 695–8942. in EO 12866. Therefore, a regulatory Authority: 26 U.S.C. 7805 * * * assessment is not required. SUPPLEMENTARY INFORMATION: It also has been determined that Par. 2. Section 31.3121(v)(2)–1 as section 553(b) of the Administrative proposed to be added at 61 FR 2199, Discussion of Major Issues Procedure Act (5 U.S.C. chapter 5) does January 25, 1996, is amended by a. References to procurement not apply to these regulations, and revising paragraph (g)(1)(i) to read as publications that provide separate because these regulations do not impose follows: procedures for application of NEPA in on small entities a collection of § 31.3121(v)(2)±1 Treatment of amounts the acquisition area are updated. information requirement, the Regulatory deferred under certain nonqualified b. References to office symbols are Flexibility Act (5 U.S.C. chapter 6) does deferred compensation plans. updated. not apply. Therefore, a Regulatory c. Specific guidance is provided in Flexibility Analysis is not required. * * * * * section 989.3(c)(3) for application of Pursuant to section 7805(f) of the Code, (g) Effective date and transition NEPA to single manager acquisition this notice of proposed rulemaking will rules—(1) General effective date—(i) programs, specifying, among other be submitted to the Chief Counsel for Effective date. Except as otherwise things, that the Air Force Acquisition Advocacy of the Small Business provided in this paragraph (g) or in Executive Office is the final approval Administration for comment on its § 31.3121(v)–2, this section is effective authority for all system-related NEPA impact on small business. documents. 67306 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

d. More specific reference is provided public understands that the FONSI has ae. In section A2.3, categorical in section 989.3(c)(4) as to who are key not been signed prior to public review. exclusion A2.3.18 is changed to clarify Air Force participants and to the need r. In section 989.15(e)(2), the list of that it does not apply in the case of a for an integrated team effort involving instances when mandatory 30 day transfer to GSA. other federal agencies, state, Tribal, and public review of an EA and FONSI is af. In section A2.3, categorical local governments, and interested required now includes those that would exclusion A2.3.26 is changed to refer to members of the public. have a disproportionately high and the Defense Environmental Restoration e. More specific guidance is provided adverse environmental effect on Program and RCRA Corrective Action in section 989.3(d)(1) to ensure the EIAP minority and low-income populations. sites in place of a generic reference. is integrated early in the planning stages s. In section 989.18(a), more detailed Additionally, the reference to the of an action. guidance is provided to improve the categorical exclusion not applying to the f. Specific guidance is provided in scoping process for environmental selection of a remedial action is section 989.3(d)(4) to promote early impact statements (EISs). The guidance eliminated. internal scoping in order to determine provides for an early, continuing, ag. In section A2.3, categorical what level of environmental analysis is iterative process involving other exclusion A2.3.30 is changed by performed. governmental entities, Congress, and the deleting the reference to separate g. In section 989.3(e), the public in a more meaningful manner. It evaluation for long term cleanup and environmental planning function (EPF) also provides for scoping to continue remediation activities. is designated as the primary support to through preparation of the draft EIS. ah. In section A2.3, categorical the proponent in EIAP actions. The t. In section 989.18(b), specific exclusion A2.3.31 is changed by EPF’s responsibilities are specifically provision is made to include minority restricting its use to non-repetitive explained. and low-income populations in the situations. It also requires h. Section 989.3(h) provides for scoping process. documentation of its use. increased participation of the public u. In section 989.19(c)(3), specific ai. In section A2.3, categorical affairs office in the EIAP process. provision is made to include minority exclusion A2.3.36 is changed by adding i. Throughout the instruction, and low-income populations in the an additional limitation of 3000 feet whenever participation of state and public review process of EISs. above ground level. local governments is provided for, v. In section 989.27, the statement aj. In section A3.1.3, flexibility is Tribal governments have been added. that compliance with OSHA standards provided to public hearing formats by j. In section 989.5(b), certain will mitigate hazards has been deleted. allowing experimentation with different continuing internal reporting w. A new Section 989.32 addresses formats than normally used, depending requirements regarding aircraft aircraft noise data used in EIAP on the circumstances. Approval for beddown and unit realignment actions analysis. deviations must be approved by the Air are eliminated. x. A new Section 989.33 requires k. In section 989.8(c), additional compliance with E.O. 12898, Federal Force Secretariat. language notes that only in rare Actions to Address Environmental ak. In section A3.2.1.3, the public instances is the no-action alternative Justice in Minority Populations and affairs office will now always purchase excused by law from analysis. Low-Income Populations. a public advertisement to advise public l. In section 989.13(c), additional y. In section 989.34(b), guidance is hearings. language notes the distinction, in cases clarified regarding emergency situations al. In section A3.6, responsibility for of analysis abroad, between exemptions and the need to still comply with NEPA. preparing and checking the transcript of under DoDD 6050.7 and categorical Compliance is still required, but a public hearing is shifted from the exclusions (CATEXs). The exemptions emergency responses may take place military trial judge to the EIS are provided by Executive Order 12114. while completing the EIAP. preparation team. CATEXs are provided by the z. In section 989.35(b), authority is am. The provision for organizing implementing agency. provided to utilize the internet to speakers by subject at a public hearing m. In section 989.14(d), additional distribute documents and notices. has been deleted. guidance is provided to promote aa. A new Section 989.36 is included an. In addition to the above specific substantive but brief EIAP analyses so as to address waivers for unusual items, there have been numerous to avoid unnecessary data and keep circumstances and to allow grammatical changes and minor documents to a usable length. experimentation to help the EIAP clarifications made to the instruction. n. In section 989.14(k), hazardous process grow. These waivers can only be The Department of the Air Force has waste disposal sites have been deleted approved by the Air Force Secretariat. determined that this rule is not a major from the list of actions normally ab. The definition of ‘‘scoping’’ is rule because it will not have an annual requiring an EA. changed to include affirmative efforts to effect on the economy of $100 million o. The provision for abbreviated EAs communicate with other federal or more. The Secretary of the Air Force has been deleted. As noted above, agencies, state, Tribal, and local has certified that this rule is exempt analyses should be as lengthy as governments, and the public. from the requirements of the Regulatory necessary but no more so; no provision ac. In section A2.2.8, an additional Flexibility Act, 5 U.S.C. 601–612, for a special type of EA is necessary. example dealing with proposals having because this rule does not have a p. In section 989.14(l), the proponent a significant adverse effect on minority significant economic impact on small is now required to involve other and low-income populations is included entities as defined by the Act, and does interested federal agencies, state, Tribal, in the list of examples where use of a not impose any obligatory information and local governments, and the public categorical exclusion is likely to require requirements beyond internal Air Force in preparing an EA. additional analysis. use. q. In section 989.15(e), requirements ad. In section A2.3, categorical regarding public review of EAs and exclusion A2.3.10 is changed to include List of Subjects in 32 CFR Part 989 findings of no significant impact lead-based paint as an additional Environmental protection, (FONSIs) are clarified to ensure the example. Environmental impact statements. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67307

For the reasons stated in the this part deals primarily with publications to this part. MAJCOM preamble, the United States Air Force environmental impact analysis under supplements must identify the specific proposes to revise 32 CFR part 989 as the authority of the National offices that have implementation follows: Environmental Policy Act of 1969 responsibility and include any guidance (NEPA) (Pub. L. 91–190, 42 United needed to comply with this part. All PART 989ÐENVIRONMENTAL IMPACT States Code (U.S.C.) 4321–4347), while references to MAJCOMs in this part ANALYSIS PROCESS (EIAP) the primary procedures for include the Air National Guard environmental impact analysis of Sec. Readiness Center (ANGRC) and other 989.1 Purpose. actions outside the United States in agencies designated as ‘‘MAJCOM 989.2 Concept. accordance with Executive Order (E.O.) equivalent’’ by HQ USAF. 989.3 Responsibilities. 12114, Environmental Effects Abroad of 989.4 Initial considerations. Major Federal Actions, are contained in § 989.3 Responsibilities. 989.5 Organizational relationships. §§ 989.32 and 989.33. (a) Office of the Secretary of the Air 989.6 Budgeting and funding. (b) The procedures in this part are Force. 989.7 Requests from non-Air Force agencies essential to achieve and maintain (1) The Deputy Assistant Secretary of or entities. compliance with NEPA and the Council the Air Force for Environment, Safety 989.8 Analysis of alternatives. on Environmental Quality (CEQ) and Occupational Health (SAF/MIQ): 989.9 Cooperation and adoption. (i) Develops environmental planning 989.10 Tiering. Regulations for Implementing the 989.11 Combining EIAP with other Procedural Provisions of the NEPA (40 policy and provides oversight of the documentation. Code of Federal Regulations (CFR) Parts EIAP program. 989.12 Air Force Form 813 Request for 1500–1508, referred to as the ‘‘CEQ (ii) Determines the level of Environmental Impact Analysis. Regulations’’). Further requirements are environmental analysis required for 989.13 Categorical exclusion. contained in the Department of Defense especially important, visible, or 989.14 Environmental assessment. Directive (DoDD) 4715.1, Environmental controversial Air Force proposals and 989.15 Finding of no significant impact. Security, Department of Defense approves selected Environmental 989.16 Environmental impact statement. Instruction (DoDI) 4715.9, Assessments (EAs) and all 989.17 Notice of intent. Environmental Planning and Analysis, Environmental Impact Statements (EISs) 989.18 Scoping. 989.19 Draft EIS. DoDD 5000.1, Defense Acquisition, and prepared for Air Force actions, whether 989.20 Final EIS. Department of Defense 5000.2–R, classified or unclassified, except as 989.21 Record of decision (ROD). Mandatory Procedures for Major specified in (c)(3) of this section. 989.22 Mitigation. Defense Acquisition Programs (MDAPs) (iii) Is the liaison on environmental 989.23 Contractor prepared documents. and Major Automated Information matters with Federal agencies and 989.24 Public notification. Systems (MAIS) Acquisition Programs national-level public interest 989.25 Base closure and realignment. with Change 1.1 To comply with NEPA organizations. 989.26 Classifed actions (40 CFR 1507.3(c)). and complete the EIAP, the CEQ (iv) Ensures appropriate offices in the 989.27 Occupational safety and health. Regulations and this part must be used Office of the Secretary of Defense are 989.28 Airspace and range proposals. 989.29 Force structure and unit move together. kept informed on EIAP matters of proposals. (c) Air Force activities abroad will Defense-wide interest. 989.30 Air quality. comply with this part, Executive Order (2) The General Counsel (SAF/GC). 989.31 Pollution prevention. 12114, and 32 CFR Part 187 (DoDD Provides final legal advice to SAF/MI, 989.32 Noise. 6050.7, Environmental Effects Abroad of HQ USAF, and HQ USAF Environment, 989.33 Environmental justice. Major Department of Defense Actions, Safety and Occupational Health 989.34 Special and emergency procedures. March 31, 1979). To comply with E.O. Committee (ESOHC) on EIAP issues. 989.35 Reporting requirements. 12114 and complete the EIAP, the (3) Office of Legislative Liaison (SAF/ 989.36 Waivers. Executive Order, 32 CFR part 187, and LL): 989.37 Procedures for analysis abroad this part must be used together. (i) Assists with narrowing and 989.38 Requirements for analysis abroad. (d) Attachment 1 is a glossary of defining key issues by arranging Attachment 1 to Part 989—Gloassary of references, abbreviations, acronyms, and consultations with congressional References, Abbreviations, Acronyms, and terms. Refer to 40 CFR part 1508 for delegations on potentially sensitive Terms. definitions of other terminology used in Attachment 2 to Part 989—Categorical actions. Exclusions. this part. (ii) Distributes draft and final EISs to congressional delegations. Attachment 3 to Part 989—Procedures for § 989.2 Concept. Holding Public Hearings on Draft (iii) Reviews and provides the Office Environmental Impact Statements (EIS). (a) This part provides a framework on of the Secretary of Defense (OSD) with how to comply with NEPA and Authority: 10 U.S.C. 8013. analyses of the Air Force position on Executive Order 12114 according to Air proposed and enrolled legislation and 2 § 989.1 Purpose. Force Policy Directive (AFPD) 32–70. executive department testimony dealing (a) This part implements the Air Force The Air Force specific procedures and with EIAP issues. Environmental Impact Analysis Process requirements in this part are intended to (4) Office of Public Affairs (SAF/PA): (EIAP) and provides procedures for be used by Air Force decision makers to (i) Reviews and clears environmental environmental impact analysis both fully comply with NEPA and the EIAP. documents in accordance with Air within the United States and abroad. (b) Major Commands (MAJCOM) Force Instruction 35–205, Air Force Because the authority for, and rules provide additional implementing Security and Policy Review,3 prior to governing, each aspect of the EIAP differ guidance in their supplemental public release. depending on whether the action takes (ii) Assists the environmental place in the United States or outside the 1 Copies of the publications are available, at cost, planning function and the Air Force from the National Technical Information Service, United States, this part provides largely U.S. Department of Commerce, 5285 Port Royal Legal Services Agency, Trial Judiciary separate procedures for each type of Road, Springfield, VA 22161. action. Consequently, the main body of 2 See footnote 1 to § 989.1. 3 See footnote 1 to § 989.1. 67308 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

Division (AFLSA/JAJT), in planning and proponent Single Manager (i.e., System (3) Identifying key decision points conducting public scoping meetings and Program Director, Materiel Group and coordinating with the EPF on EIAP hearings. Managers, and Product Group phasing to ensure that environment (iii) Ensures that public affairs aspects Managers) for all programs, regardless of documents are available to the decision- of all EIAP actions are conducted in acquisition category, shall comply with maker before the final decision is made accordance with this part and Air Force DoD 5000.2–R.5 SAF/AQR, as the Air and ensuring that, until the EIAP is Instruction (AFI) 35–202, Force Acquisition Executive Office, is complete, resources are not committed Environmental Community the final approval authority for all prejudicing the selection of alternatives Involvement4. system-related NEPA documents. SAF/ nor actions taken having an adverse (iv) The National Guard Bureau, AQR is responsible for accomplishing environmental impact or limiting the Office of Public Affairs (NGB–PA), will appropriate Headquarters EPC/ESOHC choice of reasonable alternatives. assume the responsibilities of SAF/PA review. The Single Manager will obtain (4) Determining, with the EPF, as for the EIAP involving the National appropriate Product Center EPC early as possible whether to prepare an Guard Bureau, Air Directorate. approval prior to forwarding necessary EIS. The proponent and the EPF will (b) Headquarters US Air Force (HQ EIAP documents (i.e., NOIs and conduct an early internal scoping USAF). The Civil Engineer (HQ USAF/ preliminary draft and final EAs and process as part of the EIAP process. The ILE) is responsible for execution of the EISs) to SAF/AQR. The Single Manager internal scoping process should involve EIAP program. The National Guard will allow for concurrent review of EIAP key Air Force environmental Bureau Air Directorate (NGB–CF) documents by HQ AFMC/ILEV and the participants (See § 989.3(c)(4)) and other oversees the EIAP for Air National Operational Command (HQ ACC, HQ Air Force offices as needed and Guard actions. AMC, HQ AFSPC, etc.). The Single conclude with preparation of a DOPAA. (c) MAJCOMs, the Air National Manager is responsible for budgeting For complex or detailed EAs or EISs, an Guard, Field Operating Agencies and funding EIAP efforts, including outside facilitator trained in EIAP may (FOAs), and Single Manager Programs. EIAP for research, development, testing, be used to focus and guide the These organizations establish and evaluation activities. discussion. Department of the Air Force procedures that comply with this part (4) Key Air Force Environmental personnel, rather than contractors, wherever they are the host unit for Participants. The EIAP must be should generally be used to prepare the preparing and using required approached as an integrated team effort DOPAA. environmental documentation in including key participants within the (5) Presenting the DOPAA to the EPC making decisions about proposed Air Force and also involving outside for review and comment. actions and programs within their federal agencies, state, Tribal, and local (6) Coordinating with the EPF, Public commands or areas of responsibility. governments, interested outside parties, Affairs, and Staff Judge Advocate prior (1) Air Force Center for citizens groups, and the general public. to organizing public or interagency Environmental Excellence (AFCEE). The Key Air Force participants may include meetings which deal with EIAP AFCEE Environmental Conservation the following functional areas, as well elements of a proposed action and and Planning Directorate (AFCEE/EC) is as others: involving persons or agencies outside available to provide technical assistance Proponent the Air Force. and has the capability to provide Civil Engineers/Environmental Planning (7) Subsequent to the decision to contract support to the proponent, EPF, Function prepare an EIS, assisting the EPF and and MAJCOMs in developing EIAP Staff Judge Advocate Public Affairs Office in preparing a draft documents. Public Affairs Notice of Intent (NOI) to prepare an EIS. (2) Air Force Regional Environmental Medical Service (Bioenvironmental All NOIs must be forwarded through the Offices (REOs). REOs review non-Air Engineer) MAJCOM EPF to HQ USAF/ILEV for Force environmental documents that Safety Office review and publication in the Federal may have an impact on the Air Force. Range and Airspace Managers Register. Publication in the Federal Requests for review of such documents Bases and Units Register is accomplished in accordance should be directed to the proper REO Plans and Programs with AFI 37–120, Federal Register.6 (Atlanta, Dallas, or San Francisco) along Logistics (See § 989.17.) with any relevant comments. The REO: Personnel (i) Notifies the proponent, after Legislative Liaison (8) Ensuring that proposed actions are receipt, that the REO is the single point (d) Proponent. Each office, unit, or implemented as described in the final of contact for the Air Force review of the activity at any level that initiates Air EIAP decision documents. document. Force actions is responsible for: (e) Environmental Planning Function (ii) Requests comments from (1) The EIAP and shall ensure (EPF). At every level of command, the potentially affected installations, integration of the EIAP during the initial EPF is one of the key Air Force MAJCOMs, the ANG, and HQ USAF, as planning stages of proposed actions so participants responsible for the EIAP. appropriate. that planning and decisions reflect The EPF can be the environmental flight (iii) Consolidates comments into the environmental values, delays are within a civil engineer squadron, a Air Force official response and submits avoided later in the process, and separate environmental management the final response to the proponent. potential conflicts are precluded. office at an installation, the ILEV at (iv) Provides to HQ USAF/ILEVP and (2) Notifying the EPF of a pending MAJCOMs, or an equivalent the appropriate MAJCOMs and action and completion Section I of AF environmental function located with a installations a copy of the final response Form 813. Prepare the Description Of program office. The EPF: and a complete set of all review Proposed Action and Alternatives (1) Supports the EIAP by bringing key comments. (DOPAA) through an interdisciplinary participants in at the beginning of a (3) Single Manager Acquisition team approach including the EPF and proposed action and involving them Programs (system-related NEPA). The other key Air Force participants. throughout the EIAP. Key participants

4 See footnote 1 to § 989.1. 5 See footnote 1 to § 989.1. 6 See footnote 1 of § 989.1. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67309 play an important role in defining and (2) Advises the EPF during the Force actions through AF Forms 813, focusing key issues at the initial stage. scoping process of issues that should be EAs, FONSIs, EISs, EIS (RODs), and (2) At the request of the proponent, addressed in EIS’s and on procedures documents prepared according to E.O. prepares environmental documents for the conduct of public hearings. 12114. using an interdisciplinary approach, or (3) Coordinates the appointment of (b) Evaluate proposed actions for obtains technical assistance through Air the independent hearing officer with possible CATEX from environmental Force channels on contract support. AFLSA/JAJT and provides support for impact analysis (attachment 2). Assists the proponent in obtaining the hearing officer in cases of public (c) Make environmental documents, review of environmental documents. hearings on the draft EIS. The comments, and responses, including (3) Assists the proponent in preparing proponent pays administrative and those of other federal agencies, state, a (DOPAA) and actively supports the Temporary Duty (TDY) costs. The Tribal, and local governments, and the proponent during all phases of the hearing officer presides at hearings and public, part of the record available for EIAP. makes final decisions regarding hearing review and use at all levels of decision (4) Evaluates proposed actions and procedures. making. completes Section II and III of AF Form (4) Promptly refers all matters causing (d) Review the specific alternatives 813, Request for Environmental Impact or likely to cause substantial public analyzed in the EIAP when evaluating Analysis, subsequent to submission by controversy or litigation through the proposal prior to decision making. the proponent and determines whether channels to AFLSA/JACE (or NGB-JA). (e) Ensure that alternatives to be a Categorical Exclusion (CATEX) (h) Public Affairs Officer. This officer: considered by the decision-maker are applies. The responsible EPF member (1) Advises the EPF, the EPC, and the both reasonable and within the range of signs the AF Form 813 certification. proponent on public affairs activities on alternatives analyzed in the (5) Identifies and documents, with proposed actions and reviews environmental documents. technical advice from the environmental documents for public (f) Pursue the objective of furthering Bioenvironmental Engineer and other involvement issues; foreign policy and national security staff members, environmental quality (2) Advises the EPF of issues and interests while at the same time standards that relate to the action under competing interests that should be considering important environmental evaluation. addressed in the EIS or EA. factors. (6) Supports the proponent in (3) Assists in preparation of and (g) Consider the environmental effects preparing environmental documents, or attends public meetings or media of actions that affect the global obtains technical assistance through Air sessions on environmental issues. commons. (4) Prepares, coordinates, and Force channels or contract support and (h) Determine whether any foreign distributes news releases and other adopts the documents as official Air government should be informed of the public information materials related to Force papers when completed and availability of environmental the proposal and associated EIAP approved. documents. Formal arrangements with documents. (7) Ensures the EIAP is conducted on foreign governments concerning (5) Notifies the media (television, environmental matters and base-level and MAJCOM-level plans, radio, newspaper) and purchases including contingency plans for the communications with foreign advertisements when newspapers will governments concerning environmental training, movement, and operations of not run notices free of charge. The EPF agreements will be coordinated with the Air Force personnel and equipment. will fund the required advertisements. Department of State by the Deputy (8) Prepares the Notice of Intent (NOI) (6) Determines and ensures Security to prepare an EIS with assistance from Review requirements are met for all Assistant Secretary of the Air Force for the proponent and the Public Affairs information proposed for public release. Environment, Safety, and Occupational Office. (7) For more comprehensive Health (SAF/MIQ) through the Assistant (9) Prepares applicable portions of the instructions about public affairs Secretary of Defense. This coordination Certificate of Compliance for each activities in environmental matters, see requirement does not apply to informal military construction project according AFI 35–202.9 working-level communications and to AFI 32–1021, Planning and (i) Medical Service. The Medical arrangements. Programming of Facility Construction Service, represented by the § 989.5 Organizational relationships. Projects.7 Bioenvironmental Engineer, provides The host EPF manages the EIAP using (10) Submits one hard copy and one technical assistance to EPF’s in the areas an interdisciplinary team approach. electronic copy of the final EA/Finding of environmental health standards, Of No Significant Impact (FONSI) and environmental effects, and This is especially important for tenant- EIS/Record of Decision (ROD) to the environmental monitoring capabilities. proposed actions, because the host Defense Technical Information Center. The Air Force Armstrong Laboratory, command is responsible for the EIAP for (f) Environmental Protection Occupational and Environmental Health actions related to the host command’s Committee (EPC). The EPC helps Directorate, provides additional installations. (a) The host command prepares commanders assess, review and approve technical support. EIAP documents in accordance with (j) Safety Office. The Safety Office environmental documents internally or AFI 32–7005, Environmental Protection provides technical review and directs the host base to prepare the Committee.8 assistance to EPFs to ensure environmental documents. (g) Staff Judge Advocate (SJA). The consideration of safety standards and Environmental document preparation Staff Judge Advocate: requirements. may be by contract (requiring the tenant (1) Advises the proponent, EPF, and to fund the EIAP), by the tenant unit, or EPC on CATEX determinations and the § 989.4 Initial considerations. by the host. Regardless of the legal sufficiency of environmental Air Force personnel will: preparation method, the host command documents. (a) Consider and document will ensure the required environmental environmental effects on proposed Air analysis is accomplished before a 7 See footnote 1 to § 989.1. decision is made on the proposal and an 8 See footnote 1 to § 989.1. 9 See footnote 1 to § 989.1. action is undertaken. Support 67310 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules agreements should provide specific submit draft EAs for their proposed suitable to a particular project). In procedures to ensure host oversight of actions, except for actions described in consultation with the EPF, proponents tenant compliance, tenant funding or § 989.16(a) and (b), or for actions the may develop written selection standards reimbursement of host EIAP costs, and EPF has reason to believe will to firmly establish what is a tenant compliance with the EIAP ultimately require an EIS. For EISs the ‘‘reasonable’’ alternative for a particular regardless of the tenant not being an Air EPF has the responsibility to prepare the project, but they must not so narrowly Force organization. environmental document, although define these standards that they (b) For aircraft beddown and unit responsibility for funding remains with unnecessarily limit consideration to the realignment actions, program elements the requester. The fact that the requester proposal initially favored by are identified in the Program Objective has prepared environmental documents proponents. This discussion of Memorandum. Subsequent Programs at its own expense does not commit the reasonable alternatives applies equally Change Requests must include AF Form Air Force to allow or undertake the to EAs and EISs. 813. proposed action or its alternatives. The (c) Except in those rare instances (c) To ensure timely initiation of the requester is not entitled to any where excused by law, the Air Force EIAP, SAF/AQ forwards information preference over other potential parties must always consider and assess the copies of all Mission Need Statements with whom the Air Force might contract environmental impacts of the ‘‘no and System Operational Requirements or make similar arrangements. action’’ alternative. ‘‘No action’’ may Documents to SAF/MIQ, HQ USAF/ (c) In no event is the requester who mean either that current management ILEV (or ANGRC/CEV), the Air Force prepares or funds an environmental practice will not change or that the Medical Operations Agency, Aerospace analysis entitled to reimbursement from proposed action will not take place. If Medicine Office (AFMOA/SG), and the the Air Force. When requesters prepare no action would result in other affected MAJCOM EPFs. environmental documents outside the predictable actions, those actions (d) The MAJCOM of the scheduling Air Force, the Air Force must should be discussed within the no unit managing affected airspace is independently evaluate and approve the action alternative section. The responsible for preparing and approving scope and content of the environmental discussion of the no action alternative analyses before using the analyses to environmental analyses. and the alternatives should be fulfill EIAP requirements. Any outside comparable in detail to that of the § 989.6 Budgeting and funding. environmental analysis must evaluate proposed action. Contract EIAP efforts are proponent reasonable alternatives as defined in MAJCOM responsibilities. Each year, § 989.8. § 989.9 Cooperation and adoption. the EPF programs for anticipated out- (a) Lead and Cooperating Agency (40 year EIAP workloads based on inputs § 989.8 Analysis of alternatives. CFR 1501.5–1501.6). When the Air from command proponents. If The Air Force must analyze Force is a cooperating agency in the proponent offices exceed the budget in reasonable alternatives to the proposed preparation of an EIS, the Air Force a given year or identify unforeseen action and the ‘‘no action’’ alternative in reviews and approves principal requirements, the proponent offices all EAs and EISs, as fully as the environmental documents within the must provide the remaining funding. proposed action alternative. (a) ‘‘Reasonable’’ alternatives are EIAP as if they were prepared by the Air § 989.7 Requests from Non-Air Force those that meet the underlying purpose Force. The Air Force executes a ROD for agencies or entities. and need for the proposed action and its program decisions that are based on Non-Air Force agencies or entities that would cause a reasonable person to an EIS for which the Air Force is a may request the Air Force to undertake inquire further before choosing a cooperating agency. The Air Force may an action, such as issuing a permit or particular course of action. Reasonable also be a lead or cooperating agency on outleasing Air Force property, that may alternatives are not limited to those an EA using similar procedures, but the primarily benefit the requester or an directly within the power of the Air MAJCOM EPC retains approval agency other than the Air Force. The Force to implement. They may involve authority unless otherwise directed by EPF and other Air Force staff elements another government agency or military HQ USAF. Before invoking provisions must identify such requests and service to assist in the project or even of 40 CFR 1501.5(e), the lowest coordinate with the proponent of the to become the lead agency. The Air authority level possible resolves non-Air Force proposal, as well as with Force must also consider reasonable disputes concerning which agency is the concerned state, Tribal, and local alternatives raised during the scoping lead or cooperating agency. governments. process (see § 989.18) or suggested by (b) Adoption of EA or EIS. The Air (a) Air Force decisions on such others, as well as combinations of Force, even though not a cooperating proposals must take into consideration alternatives. The Air Force need not agency, may adopt an EA or EIS the potential environmental impacts of analyze highly speculative alternatives, prepared by another entity where the the applicant’s proposed activity (as such as those requiring a major, unlikely proposed action is substantially the described in an Air Force environmental change in law or governmental policy. same as the action described in the EA document), insofar as the proposed If the Air Force identifies a large or EIS. In this case, the EA or EIS must action involves Air Force property or number of reasonable alternatives, it be recirculated as a final EA or EIS but programs, or requires Air Force may limit alternatives selected for the Air Force must independently approval. detailed environmental analysis to a review the EA or EIS and determine that (b) The Air Force may require the reasonable range or to a reasonable it is current and that it satisfies the requester to prepare, at the requester’s number of examples covering the full requirements of this part. The Air Force expense, an analysis of environmental spectrum of alternatives. then prepares its own FONSI or ROD, as impacts (40 CFR 1506.5), or the (b) The Air Force may expressly the case may be. In the situation where requester may be required to pay for an eliminate alternatives from detailed the proposed action is not substantially EA or EIS to be prepared by a contractor analysis, based on reasonable selection the same as that described in the EA or selected and supervised by the Air standards (for example, operational, the EIS, the Air Force may adopt the EA Force. The EPF may permit requesters to technical, or environmental standards or EIS, or a portion thereof, by Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67311 circulating the EA or EIS as a draft and (2) No significant change to existing should follow the alternatives analysis then preparing the final EA or EIS. environmental conditions. guidance outlined in § 989.8. (3) No significant cumulative (f) The EPF should design the EA to § 989.10 Tiering. environmental impact. facilitate rapidly transforming the The Air Force should use tiered (40 (4) Socioeconomic effects only. document into an EIS if the CFR 1502.20) environmental (5) Similarity to actions previously environmental analysis reveals a documents, and environmental assessed and found to have no significant impact. documents prepared by other agencies, significant environmental impacts. (g) EAs for actions where the Air to eliminate repetitive discussions of the (c) CATEXs apply to actions in the Force has wetlands or floodplains same issues and to focus on the issues United States and abroad. General compliance responsibilities (E.O. 11988 relating to specific actions. If the Air exemptions specific to actions abroad and E.O. 11990) require SAF/MIQ Force adopts another Federal agency’s are in 32 CFR part 187. The EPF or other approval. As a finding contained in the environmental document, subsequent decision-maker forwards requests for draft FONSI, a Finding of No Practicable Air Force environmental documents additional exemption determinations for Alternative (FONPA) must be submitted may also be tiered. actions abroad to HQ USAF/ILEV with (five hard copies and an electronic a justification letter. version) through the MAJCOM EPF to § 989.11 Combining EIAP with other (d) Normally, any decision-making HQ USAF/ILEVP when the alternative documentation. level may determine the applicability of selected is located in wetlands or (a) The EPF combines environmental a CATEX and need not formally record floodplains, and must discuss why no analysis with other related the determination on AF Form 813 or other practicable alternative exists to documentation when practicable (40 elsewhere, except as noted in the avoid impacts. See AFI 32–7064, CFR 1506.4) following the procedures CATEX list. Integrated Natural Resources prescribed by the CEQ regulations and (e) Application of a CATEX to an Management 11. this part. action does not eliminate the need to (h) EAs and accompanying FONSIs (b) The EPF must integrate meet air conformity requirements (see that require the Air Force to make Clean comprehensive planning (AFI 32–7062, § 989.28). Air Act General Conformity Air Force Comprehensive Planning 10) Determinations shall be submitted (five with the requirements of the EIAP. Prior § 989.14 Environmental assessment. hard copies and an electronic version) to making a decision to proceed, the (a) When a proposed action is one not through the MAJCOM EPF to HQ USAF/ EPF must analyze the environmental usually requiring an EIS but is not ILEVP for SAF/MIQ approval. SAF/MIQ impacts that could result from categorically excluded, the EPF signs all General Conformity implementation of a proposal identified supports the proponent in preparing an Determinations and will also sign the in the comprehensive plan. EA (40 CFR 1508.9). Every EA must lead companion FONSIs, when requested by to either a FONSI, a decision to prepare the MAJCOM (see § 989.30). § 989.12 Air Form 813, Request for an EIS, or no decision on the proposal. (i) In cases potentially involving a Environmental Impact Analysis. (b) Whenever a proposed action high degree of controversy or Air force- The Air Force uses AF Form 813 to usually requires an EIS, the EPF wide concern, the MAJCOM, after document the need for environmental responsible for the EIAP may prepare an consultation with HQ USAF/ILEVP, analysis or for certain CATEX EA to definitively determine if an EIS is may request HQ USAF ESOHC review determinations for proposed actions. required based on the analysis of and approval of an EA, or HQ USAF The form helps narrow and focus the environmental impacts. Alternatively, may direct the MAJCOM to forward an issues to potential environmental the EPF may choose to bypass the EA EA (five hard copies and an electronic impacts. AF Form 813 must be retained and proceed with preparation of an EIS. version) for HQ USAF ESOHC review with the EA or EIS to record the (c) An EA is a written analysis that: and approval. focusing of environmental issues. The (1) Provides analysis sufficient to (j) As a minimum, the following EAs rationale for not addressing determine whether to prepare an EIS or require MAJCOM approval because they environmental issues must also be a FONSI. involve topics of special importance or recorded in the EA or EIS. (2) Aids the Air Force in complying interest. Unless directed otherwise by with the NEPA when no EIS is required. § 989.13 Categorical exclusion. HQ USAF/ILEVP, the installation EPF (d) The length of an EA should be as must forward the following types of EAs (a) CATEXs define those categories of short and concise as possible, while to the MAJCOM EPF, along with an actions that do not individually or matching the magnitude of the proposal. unsigned draft FONSI: (MAJCOMs can cumulatively have potential for An EA briefly discusses the need for the require other EAs receive MAJCOM significant effect on the environment proposed action, reasonable alternatives approval in addition to those types and do not, therefore, require further to the proposed action, the affected specified here.) environmental analysis in an EA or an environment, the environmental (1) All EAs on non-Air Force EIS. The list of Air Force-approved impacts of the proposed action and proposals that require an Air Force CATEXs is in attachment 2. alternatives (including the ‘‘no action’’ decision, such as use of Air Force Supplements to this part may not add alternative), and a listing of agencies property for highways, space ports and CATEXs or expand the scope of the and persons consulted during joint-use proposals. CATEXs in attachment 2. preparation. The EA should not contain (2) EAs where mitigation to (b) Characteristics of categories of long descriptions or lengthy, detailed insignificance is accomplished in lieu of actions that usually do not require data. Rather, incorporate by reference initiating an EIS (§ 989.22(c)). either an EIS or an EA (in the absence background data to support the concise (k) A few examples of actions that of extraordinary circumstances) include: discussion of the proposal and relevant normally require preparation of an EA (1) Minimal adverse effect on issues. (except as indicated in the CATEX list) environmental quality. (e) The format for the EA may be the include: same as the EIS. The alternatives section 10 See footnote 1 to § 989.1. of an EA and an EIS are similar and 11 See footnote 1 to § 989.1 67312 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

(1) Public land withdrawals of less action, unless disclosure is precluded § 989.16 Environmental impact statement. than 5,000 acres. for security classification reasons. Draft (a) Certain classes of environmental (2) Minor mission realignments and EAs and unsigned draft FONSIs will be impacts normally require preparation of aircraft beddowns. clearly identified as drafts and an EIS (40 CFR part 1501.4). These (3) New building construction on base distributed via cover letter which will include, but are not limited to: within developed areas. explain their purpose and need. The (1) Potential for significant (4) Minor modifications to Military EPF provides a copy of the documents degradation of the environment. Operating Areas (MOAs), air-to-ground without cost to organizations and weapons ranges, and military training individuals requesting them. the FONSI (2) Potential for significant threat or routes. transmittal date (date of letter of hazard to public health or safety. (l) The Air Force proponent will transmittal) to the state SPOC or other (3) Substantial environmental involve other federal agencies, state, equivalent agency is the official controversy concerning the significance Tribal, and local governments, and the notification date. or nature of the environmental impact of public in the preparation of EAs (40 (1) Before the FONSI is signed and the a proposed action. CFR 1501.4(b) and 1506.6). The extent action is implemented, the EPF should (b) Certain other action normally, but of involvement usually coincides with allow sufficient time to receive not always, require and EIS. These the magnitude and complexity of the comments from the public. The time include, but are not limited to: proposed action and its potential period will reflect the magnitude of the environmental effect on the area. For proposed action and its potential for (1) Public land withdrawals of over proposed actions described in controversy. The greater the magnitude 5,000 acres (Engle Act, 43 U.S.C. 155– § 989.15(e)(2), use either the scoping of the proposed action or its potential 158). process described in § 989.18 or the for controversy, the longer the time that (2) Establishment of new air-to- public notice process in § 989.24. must be allowed for public review. ground weapons ranges. Mandatory review periods for certain (3) Site selection of new airfields. § 989.15 Finding of no significant impact. defined actions are contained in (4) Site selection of major (a) The FONSI (40 CFR § 1508.13) § 989.15(e)(2). These are not all installations. briefly describes why an action would inclusive but merely specific examples. not have a significant effect on the In every case where an EA and FONSI (5) Development of major new environment and thus will not be the are prepared, the proponent and EPF weapons systems (at decision points subject of an EIS. The FONSI must must determine how much time will be that involve demonstration, validation, summarize the EA or, preferably, have allowed for public review. In all cases, production, deployment, and area or it attached and incorporated by other than classified actions, a public site selection for deployment). reference, and must note any other review period should be the norm (6) Establishing or expanding environmental documents related to the unless clearly unnecessary due to the supersonic training areas overland action. lack of potential controversy. below 30,000 feet MSL (mean sea level). (b) If the EA is not incorporated by (2) In the following circumstances, the (7) Disposal and reuse of closing reference, the FONSI must include: EA and unsigned FONSI are made installations. (1) Name of the action. available for public review for at least (2) Brief description of the action 30 days before FONSI approval and § 989.17 Notice of intent. (including alternatives considered and implementing the action (40 CFR The EPF must furnish, through the the chosen alternative). 1501.4(e)(2)): MAJCOM, to HQ USAF/ILEV the NOI (3) Brief discussion of anticipated (i) When the proposed action is, or is (40 CFR 1508.22) describing the environmental effects. closely similar to, one that usually proposed action for congressional (4) Conclusions leading to the FONSI. requires preparation of an EIS (see notification and publication in the (5) All mitigation actions that will be § 989.16). Federal Register. The EPF, through the adopted with implementation of the (ii) If it is an unusual case, a new kind host base public affairs office, will also proposal (see § 989.22). of action, or a precedent-setting case in provide the approved NOI to (c) Keep FONSIs as brief as possible. terms of its potential environmental newspapers and other media in the area Only rarely should FONSIs exceed two impacts. potentially affected by the proposed typewritten pages. Stand-alone FONSIs (iii) If the proposed action would be action. The EPF must provide copies of without an attached EA may be longer. located in a floodplain or wetland. the notice to the SPOC and must also (d) For actions of regional or local (iv) If the action is mitigated to distribute it to requesting agencies, interest, disseminate the FONSI insignificance in the FONSI, in lieu of organizations, and individuals. Along according to § 989.23. The MAJCOM an EIS § 989.22(c)). with the draft NOI, the EPF must also and NGB are responsible for release of (v) If the proposed action is a change forward the completed DOPPA, through FONSIs to regional offices of Federal to airspace use of designation. the MAJCOM, to HQ USAF for agencies, the state single point of (vi) If the proposed action would have information. contact (SPOC), and state agencies a disproportionately high and adverse concurrent with local release by the environmental effect on minority and § 989.18 Scoping. installations. low-income populations. (a) After publication of the NOI for an (e) The EPF must make the EA and (f) As a general rule, the same EIS, the EPF must initiate the public unsigned FONSI available to the organizational level that prepares the scoping process (40 CFR 1501.7) to affected public and provide the EA and EA also reviews and recommends the determine the scope of issues to be unsigned FONSI to organizations and FONSI for approval by the EPC. addressed and to help identify individuals requesting them and to MAJCOMs may decide the level of EA significant environmental issues to be whomever the proponent or the EPF has approval and FONSI signature, except analyzed in depth. Methods of scoping reason to believe is interested in the as provided in § 989.14(g). range from soliciting written comments Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67313 to conducting pubic scoping meetings approved, HQ USAF/ILEV notifies the the comment is addressed or providing (see 40 CFR 1501.7 and 1506.6(e)). The EPF to print sufficient copies of the a written explanation in the comments scoping process is an iterative, pro- draft EIS for distribution to section, or both. The EPF may group active process of communicating with congressional delegations and interested comments of a similar nature together to individual citizens, neighborhood, agencies at least seven calendar days allow a common response and may also community, and local leaders, public prior to publication of the Notice of respond to individuals separately. interest groups, congressional Availability (NOA) in the Federal (e) Seeking additional comments. The delegations, state, Tribal, and local Register. After congressional EPF may, at any time during the EIS governments, and federal agencies. The distribution, the EPF sends the draft EIS process, seek additional public scoping process must start prior to to all others on the distribution list. HQ comments, such as when there has been official public scoping meetings and USAF/ILEV then files the document a significant change in circumstances, continue through to preparation of the with the U.S. Environmental Protection development of significant new draft EIS. The purpose of this process is Agency (USEPA) and provides a copy to information of a relevant nature, or to de-emphasize insignificant issues and the Deputy Under Secretary of Defense where there is substantial focus the scope of the environmental for Environmental Security. environmental controversy concerning analysis on significant issues (40 CFR (c) Public review of draft EIS (40 CFR the proposed action. Significant new 1500.4(g)). Additionally, scoping allows 1502.19 and 1506.6): information leading to public early and more meaningful participation (1) The public comment period for the controversy regarding the scope after the by the public. The result of scoping is draft EIS is at least 45 days starting from scoping process is such a changed that the proponent and EPF determine the publication date of the NOA of the circumstance. An additional public the range of actions, alternatives, and draft EIS in the Federal Register. comment period may also be necessary impacts to be considered in the EIS (40 USEPA publishes in the Federal after the publication of the draft EIS due CFR 1508.125). The EPF must send Register NOAs of EISs filed during the to public controversy or changes made plans for scoping meetings to AF/ILEV preceding week. This public comment as the result of previous public (or ANGRC/CEV) for SAF/MIQ period may be extended by the EPF. If comments. Such periods when concurrence no later than 30 days before the draft EIS is unusually long, the EPF additional public comments are sought the first scoping meeting. Scoping may distribute a summary to the public shall last for at least 30 days. meeting plans are similar in content to with an attached list of locations (such § 989.20 Final EIS. public hearing plans (see attachment 3). as public libraries) where the entire Public scoping meetings should draft EIS may be reviewed. The EPF (a) If changes in the draft EIS are generally be held at locations not on the must distribute the full draft EIS to minor or limited to factual corrections installation. certain entities, for example agencies and responses to comments, the (b) Where it is anticipated the with jurisdiction by law or agencies proponent and EPF may, with the prior proposed action and its alternatives will with special expertise in evaluating the approval of SAF/MIQ, prepare a affect minority and low-income environmental impacts, and anyone else document containing only comments on populations, special efforts shall be requesting the entire draft EIS (40 CFR the Draft EIS, Air Force responses, and made to reach these populations. This 1502.19 and 1506.6). errata sheets of changes staffed to the might include special informational (2) The EPF sponsors public hearings HQ USAF ESOHC for coordination. meetings or notices in minority and on the draft EIS according to the However, the EPF must submit the draft low-income areas concerning the regular procedures in attachment 3. Hearings EIS and all of the above documents, scoping process. take place no sooner than 15 days after with a new cover sheet indicating that the Federal Register publication of the it is a final EIS (40 CFR 1503.4(c)), to § 989.19 Draft EIS. NOA and at least 15 days before the end HQ USAF/ILEV for filing with the EPA (a) Preliminary draft. The EPF of the comment period. Scheduling (40 CFR 1506.9). If more extensive supports the proponent in preparation hearings toward the end of the comment modifications are required, the EPF of a Preliminary draft EIS (PDEIS) (40 period is encouraged to allow the public must prepare a preliminary final EIS CFR 1502.9) based on the scope of to obtain and more thoroughly review incorporating these modifications for issues decided on during the scoping the draft EIS. The EPF must provide coordination within the Air Force. process. The format of the EIS must be hearing plans to HQ USAF/ILEV (or Regardless of which procedure is in accordance with the format ANGRC/CEV) for SAF/MIQ concurrence followed, the final EIS must be recommended in the CEQ regulations no later than 30 days prior to the first processed in the same way as the draft (40 CFR 1502.10 and 1502.11). The CEQ public hearing. Public hearings should EIS, including receipt of copies of the regulations indicate that EISs normally generally be held at off-base locations. EIS by SAF/LLP, except that the public contain fewer than 150 pages (300 pages Submit requests to deviate from need not be invited to comment during for proposals of unusual complexity). procedures in attachment 3 to HQ the 30-day post-filing waiting period. The EPF provides a sufficient number of USAF/ILEVP for SAF/MIQ approval. The Final EIS should be furnished to copies of the PDEIS to HQ USAF/ILEV (3) Where analyses indicate that a every person, organization, or agency for HQ USAF ESOHC security and proposed action will potentially have a that made substantive comments on the policy review in each member’s area of disproportionate impact on minority or Draft EIS or requested a copy. Although responsibility and to AFCEE/EC for low-income populations, the EPF the EPF is not required to respond to technical review. should make special efforts to ensure public comments received during this (b) Review of draft EIS. After the HQ that these potentially impacted period, comments received must be USAF ESOHC review, the EPF assists populations are brought into the review considered in determining final the proponent in making any necessary process. decisions such as identifying the revisions to the PDEIS and forwards it (d) Response to comments (40 CFR preferred alternative, appropriate to HQ USAF/ILEV as a draft EIS to 1503.4). The EPF must incorporate in mitigations, or if a supplemental ensure completion of all security and the Final EIS its responses to comments analysis is required. policy reviews and to certify on the Draft EIS by modifying the text (b) The EPF processes all necessary releasability. Once the draft EIS is and referring in the appendix to where supplements to EISs (40 CFR 1502.9) in 67314 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules the same way as the original Draft and appropriate because of amount, the (4) Availability of the draft EIS. Final EIS, except that a new scoping proponent should include the cost of (5) Public hearings on the draft EIS process is not required. mitigation as a line item in the budget (which should be included in the NOA (c) If major steps to advance the for a proposed project. The proponent for the draft EIS). proposal have not occurred within 5 must keep the EPF informed of the (6) Availability of the final EIS. years from the date of the Final EIS status of mitigation measures when the (7) The ROD for an EIS. approval, reevaluation of the proponent implements the action. The (b) For actions of local concern, the documentation should be accomplished EPF monitors the progress of mitigation list of possible notification methods in to ensure its continued validity. implementation and reports its status, 40 CFR 1506.6(b)(3) is only illustrative. through the MAJCOM, to HQ USAF/ The EPF may use other equally effective § 989.21 Record of decision (ROD). ILEV when requested. Upon request, the means of notification as a substitute for (a) The proponent and the EPF EPF must also provide the results of any of the methods listed. Because prepare a draft ROD, formally staff it relevant mitigation monitoring to the many Air Force actions are of limited through the MAJCOM EPC, to HQ public. interest to persons or organizations USAF/ILEV for verification of adequacy, (c) The proponent may ‘‘mitigate to outside the Air Force, the EPF may limit and forwards it to the final decision- insignificance’’ potentially significant local notification to the SPOC, local maker for signature. A ROD (40 CFR environmental impacts found during government representatives, and local 1505.2) is a concise public document preparation of an EA, in lieu of news media. For all actions covered stating what an agency’s decision is on preparing an EIS. The FONSI for the EA under § 989.15(e)(2), and for EIS notices, a specific action. The ROD may be must include these mitigation measures. the public affairs office must purchase integrated into any other document Such mitigations are legally binding and with EPF funds an advertisement in a required to implement the agency’s must be carried out as the proponent prominent section of the local decision. A decision on a course of implements the project. If, for any newspaper(s) of general circulation (not action may not be made until 30 days reason, the project proponent later ‘‘legal’’ newspapers or ‘‘legal section’’ of after publication of the NOA of the final abandons or revises in environmentally- general newspapers). EIS in the Federal Register. adverse ways the mitigation (c) For the purpose of EIAP, the EPF (b) The Air Force must announce the commitments made in the FONSI, the begins the time period of local ROD to the affected public as specified proponent must prepare a supplemental notification when it sends written in § 989.23, except for classified EIAP document before continuing the notification to the state SPOC or other portions. The ROD should be concise project. If potentially significant equivalent agency (date of letter of and should explain the conclusion, the environmental impacts would result notification). reason for the selection, and the from any project revisions, the § 989.25 Base closure and realignment. alternatives considered. The ROD must proponent must prepare an EIS. identify the course of action, whether it (d) For each FONSI or ROD Base closure or realignment may is the proposed action or an alternative, containing mitigation measures, the entail special requirements for that is considered environmentally proponent prepares a plan specifically environmental analysis. The permanent preferable regardless of whether it is the identifying each mitigation, discussing base closure and realignment law, 10 alternative selected for implementation. how the proponent will execute the U.S.C. 2687, requires a report to the The ROD should summarize all the mitigations, identifying who will fund Congress when an installation where at major factors the agency weighed in and implement the mitigations, and least 300 DoD civilian personnel are making its decision, including essential stating when the proponent will authorized to be employed is closed, or considerations of national policy. complete the mitigation. The mitigation when a realignment reduces such an (c) The ROD must state whether the plan will be forwarded, through the installation by at least 50 percent or selected alternative employs all MAJCOM EPF to HQ USAF/ILEV for 1,000 of such personnel, whichever is practicable means to avoid, minimize, review within 90 days from the date of less. In addition, other base closure laws or mitigate environmental impacts and, signature of the FONSI or ROD. may be in effect during particular if not, explain why. periods. Such non-permanent closure § 989.23 Contractor prepared documents. laws frequently contain provisions § 989.22 Mitigation. All Air Force EIAP documents belong limiting the extent of environmental (a) When preparing EIAP documents, to and are the responsibility of the Air analysis required for actions taken indicate clearly whether mitigation Force. EIAP correspondence and under them. Such provisions may also measures (40 CFR 1508.20) must be documents distributed outside of the add requirements for studies not implemented for the alternative Air Force should generally be signed out necessarily required by NEPA. selected. Discuss mitigation measures in by Air Force personnel and documents terms of ‘‘will’’ and ‘‘would’’ when such § 989.26 Classified actions (40 CFR should reflect on the cover sheet they 1507.3(c)). measures have already been are an Air Force document. Contractor incorporated into the proposal. Use preparation information should be (a) Classification of an action for terms like ‘‘may’’ and ‘‘could’’ when contained within the document’s list of national defense or foreign policy proposing or suggesting mitigation preparers. purposes does not relieve the measures. Both the public and the Air requirement of complying with NEPA. Force community need to know what § 989.24 Public notification. In classified matters, the Air Force must commitments are being considered and Except as provided in § 989.26, public prepare and make available normal selected, and who will be responsible notification is required for various NEPA environmental analysis for implementing, funding, and aspects of the EIAP. documents to aid in the decision monitoring the mitigation measures. (a) Activities that require public making process; however, Air Force (b) The proponent funds and notification include: staff must prepare, safeguard and implements mitigation measures in the (1) An EA and FONSI. disseminate these documents according mitigation plan that is approved by the (2) An EIS NOI. to established procedures for protecting decision-maker. Where possible and (3) Public scoping meetings. classified documents. IF an EIAP Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67315 document must be classified, the Air (e) The EPF similarly protects The proponent’s airspace manager Force may modify or eliminate classified aspects of FONSIs, RODs, or develops the preliminary airspace associated requirements for public other environmental documents that are proposal per appropriate FAA notice (including publication in the part of the EIAP for a proposed action, handbooks and the FAA–DoD MOU. Federal Register) or public involvement such as by preparing separate classified The preliminary airspace proposal is the in the EIAP. However, the Air Force annexes to unclassified documents, as basis for initial dialogue between DoD should obtain comments on classified necessary. and the FAA on the proposed action. A proposed actions or classified aspects of (f) Whenever a proponent believes close working relationship between DoD generally unclassified actions, from that EIAP documents should be kept and the FAA, through the FAA regional public agencies having jurisdiction by classified, the EPF must make a report Air Force representative, greatly law or special expertise, to the extent of the matter to SAF/MIQ, including facilitates the airspace proposal process that such review and comment is proposed modifications of the normal and helps resolve many NEPA issues consistent with security requirements. EIAP to protect classified information. during the EIAP. Where feasible, the EPF may need to The EPF may make such submissions at help appropriate personnel from those whatever level of security classification § 989.29 Force structure and unit move proposals. agencies obtain necessary security is needed to provide a comprehensive clearances to gain access to documents understanding of the issues. SAF/MIQ, Unless directed otherwise, the so they can comment on scoping or with support from SAF/GC and other MAJCOM plans and programs review the documents. staff elements as necessary, makes final proponent will forward a copy of all (b) Where the proposed action is decisions on EIAP procedures for EAs for force structure and unit moves classified and unavailable to the public, classified actions. to HQ USAF/ILXB for information only at the preliminary draft and preliminary the Air Force may keep the entire NEPA § 989.27 Occupational safety and health. process classified and protected under final stages. Assess direct and indirect impacts of the applicable procedures for the proposed actions on the safety and § 989.30 Air quality. classification level pertinent to the health of Air Force employees and Section 176(c) of the Clean Air Act particular information. At times (for others at a work site. The EIAP Amendments of 1990, 42 U.S.C. 7506(c), example, during weapons system document does not need to specify establishes a conformity requirement for development and base closures and compliance procedures. However, the Federal agencies which has been realignments), certain but not all aspects EIAP documents should discuss impacts implemented by regulation, 40 CFR part of NEPA documents may later be that require a change in work practices 93, subpart B. All EIAP documents must declassified. In those cases, the EPF to achieve an adequate level of health address applicable conformity should organize the EIAP documents, to and safety. requirements and the status of the extent practicable, in a way that compliance. Conformity applicability keeps the most sensitive classified § 989.28 Airspace and range proposals. analyses and determinations are information (which is not expected to be (a) EIAP Review. Airspace and range developed in parallel with EIAP released at any early date) in a separate proposals require review by HQ USAF/ documents, but are separate and distinct annex that can remain classified; the XOO prior to public announcement and requirements and should be rest of the EIAP documents, when implementation by a proponent. Unless documented separately. To increase the declassified, will then be directed otherwise, the airspace utility of a conformity determination in comprehensible as a unit and suitable proponent will forward the DOPAA as performing the EIAP, the conformity for release to the public. Thus, the an attachment to the proposal sent to determination should be completed documents will reflect, as much as HQ USAF/XOO. EAs and EISs prepared prior to the completion of the EIAP so possible, the nature of the action and its as part of airspace and range proposals as to allow incorporation of the environmental impacts, as well as Air will be forwarded to HQ USAF/XOO for information from the conformity Force compliance with NEPA review at the preliminary draft and determination into the EIAP. See AFI requirements. preliminary final stages. AF/XOO will 32–7040, Air Quality Compliance.12 (c) Where the proposed action is not be responsible for appropriate HQ USAF classified, but certain aspects of it need ESOHC review. § 989.31 Pollution prevention. to be protected by security (b) Federal Aviation Administration. The Pollution Prevention Act of 1990, classification, the EPF should tailor the The DoD and the Federal Aviation 42 U.S.C. 13101(b), established a EIAP for a proposed action to permit as Administration (FAA) have entered into national policy to prevent or reduce normal a level of public involvement as a Memorandum of Understanding pollution at the source, whenever possible, but also fully protect the (MOU) that outlines various airspace feasible. Pollution prevention classified part of the action and responsibilities. For purposes of approaches should be applied to all environmental analysis. In some compliance with NEPA, the DoD is the pollution-generating activities. The instances, the EPF can do this by ‘‘lead agency’’ for all proposals initiated environmental document should keeping the classified sections of the by DoD, with the FAA acting as the analyze potential pollution that may EIAP documents in a separate, classified ‘‘cooperating agency.’’ Where airspace result from the proposed action and annex. proposals initiated by the FAA affect alternatives and must discuss potential (d) For § 989.26(b) actions, and NOI or military use, the roles are reversed. The pollution prevention measures when NOA will not be published in the proponent’s action officers (civil such measures are feasible for Federal Register until the proposed engineering and local airspace incorporation into the proposal or action is declassified. For § 989.26(c) management) must ensure that the FAA alternatives. Where pollution cannot be actions, the Federal Register will run an is fully integrated into the airspace prevented, the environmental analysis unclassified NOA which will advise the proposals and related EIAP from the and proposed mitigation measures public that at some time in the future very beginning and that the action should include, wherever possible, the Air Force may or will publicly officers review the FAA’s release a declassified document. responsibilities as a cooperating agency. 12 See footnote 1 to § 989.1. 67316 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules recycling, energy recovery, treatment, part. If possible, promptly notify HQ review actions that are above the and environmentally safe disposal USAF/ILEV, for SAF/MIQ coordination MAJCOM approval authority. In this actions (see AFI 32–7080, Pollution and CEQ consultation, before instance, approval authority refers to the Prevention Program 13). undertaking emergency actions that same approval authority that would would otherwise not comply with NEPA apply to an EA in the United States. The § 989.32 Noise. or this part. The immediate notification EPF documents a decision not to do an Aircraft noise data files used for requirement does not apply where EIS. analysis during EIAP will be submitted emergency action must be taken without to HQ AFCEE for review and validation (b) For EISs dealing with the global delay. Coordination in this instance commons, the EPF provides sufficient prior to public release, and upon must take place as soon as practicable. completion of the EIAP for database copies to HQ USAF/ILEV for the HQ entry. Utilize the current NOISEMAP § 989.35 Reporting requirements. USAF ESOHC review and AFCEE/EC computer program for air installations (a) EAs, EISs, and mitigation measures technical review. After ESOHC review, and the Assessment System for Aircraft will be tracked at bases and MAJCOMs the EPF makes a recommendation as to Noise for military training routes and through an appropriate environmental whether the proposed draft EIS will be military operating areas. Guidance on management system. released as a draft EIS. standardized Air Force noise data (b) Proponents, EPFs, and public (c) For environmental studies and development and analysis procedures is affairs offices may utilize the world environmental reviews, forward, when available from HQ AFCEE/EC. Develop wide web, in addition to more appropriate, environmental studies and EIAP land use analysis relating to traditional means, to notify the public of reviews to HQ USAF/ILEV for aircraft noise impacts originating from availability of EAs and EISs. When coordination among appropriate federal air installations following procedures in possible, allow distribution of agencies. HQ USAF/ILEV makes AFI 32–70653, Air Installation documents electronically. Public review environmental studies and reviews Compatible Use Zone.14 Draft EIAP comments should be required in available to the Department of State and aircraft noise/land use analysis writing, rather than by electronic mail. other interested federal agencies, and, associated with air installations will be (c) All documentation will be on request, to the United States public, coordinated with the MAJCOM AICUZ disposed of according to AFMAN 37– in accordance with 32 CFR part 187. HQ 15 program manager. 139, Records Disposition—Standards. USAF/ILEV also may inform interested § 989.33 Environmental justice. § 989.36 Waivers. foreign governments or furnish copies of studies, in accordance with 32 CFR part During the preparation of In order to deal with unusual 187. environmental analyses under this circumstances and to allow growth in instruction, the EPF should ensure the NEPA process, SAF/MIQ may grant Attachment 1 to Part 989ÐGlossary of compliance with the provisions of E.O. waivers to those procedures contained References, Abbreviations, Acronyms, and 12898, Federal Actions to Address in this instruction not required by NEPA Terms Environmental Justice in Minority or the CEQ Regulations. Such waivers References—Legislative Populations and Low-Income shall not be used to limit compliance 10 U.S.C. 2687, Base Closures and Populations, and Executive with NEPA or the CEQ Regulations but Realignments Memorandum of February 11, 1994, only to substitute other, more suitable 42 U.S.C. 4321–4347, National regarding E.O. 12898. procedures relative to the context of the Environmental Policy Act of 1969 particular action. Such waivers may also 42 U.S.C. 7506(c), Clean Air Act § 989.34 Special and emergency be granted on occasion to allow Amendments of 1990 procedures. experimentation in procedures in order 42 U.S.C. 13101(b), Pollution Prevention Act (a) Special procedures. During the to allow growth in the EIAP. This of 1990 43 U.S.C. 155–158, Engle Act EIAP, unique situations may arise that authority may not be delegated. require EIAP strategies different than Executive Orders those set forth in this part. These § 989.37 Procedures for analysis abroad. Executive Order 11988, Floodplain situations may warrant modification of Procedures for analysis of Management, May 24, 1977 the procedures in this part. EPFs should environmental actions abroad are Executive Order 11990, Protection of only consider procedural deviations contained in 32 CFR part 187. That Wetlands, May 24, 1977 when the resulting process would directive provides comprehensive Executive Order 12114, Environmental benefit the Air Force and still comply policies, definitions, and procedures for Effects Abroad of Major Federal Actions, with NEPA and CEQ regulations. EPFs implementing E.O. 12114. For analysis January 4, 1979 must forward all requests for procedural of Air Force actions abroad, 32 CFR part Executive Order 12372, Intergovernmental Review of Federal Programs, July 14, 1982 deviations to HQ USAF/ILEV (or 187 will be followed. ANGRC/CEV) for review and approval Executive Order 12898, Federal Actions to Address Environmental Justice in Minority by SAF/MIQ. § 989.38 Requirements for analysis abroad. Populations and Low-Income Populations, (b) Emergency procedures (40 CFR February 11, 1994 1506.11). Emergency situations do not The EPF will generally perform the exempt the Air Force from complying same functions for analysis of actions U.S. Government Agency Publications with NEPA, but do allow emergency abroad that it performs in the United Council on Environmental Quality response while completing the EIAP. States. In addition to the requirements Regulations for Implementing the Certain emergency situations may make of 32 CFR part 187, the following Air Procedural Provisions of the National Environmental Policy Act, 40 CFR parts it necessary to take immediate action Force specific rules apply. (a) For EAs dealing with global 1500–1508 having significant environmental Department of Defense Directive (DoDD) impact, without observing all the commons (geographic areas beyond the 4715.1, Environmental Security provisions of the CEQ regulations or this jurisdiction of the United States or any Department of Defense Directive (DoDD) foreign nation) HQ USAF/ILEV will 6050.7, Environmental Effects Abroad of 13 See footnote 1 to § 989.1. Major Department of Defense Actions, 14 See footnote 1 to § 989.1. 15 See footnote 1 to § 989.1. March 31, 1979 (32 CFR part 187) Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67317

Department of Defense Instruction (DoDI) FONPA Finding of No Practicable Finding of No Practicable Alternative 4715.9, Environmental Planning and Alternative (FONPA)—Finding contained in a FONSI or Analysis FONSI Finding of No Significant Impact ROD, according to Executive Orders 11988 DoDD 5000.1, Defense Acquisition GSA General Services Administration and 11990, that explains why there are no Department of Defense 5000.2–R, Mandatory HG AFMC Headquarters, Air Force Materiel practicable alternatives to an action affecting Procedures for Major Defense Acquisition Command a wetland or floodplain, based on appropriate Programs (MDAPs) and Major Automated HQ USAF Headquarters, United States Air EIAP analysis or other documentation. Information Systems (MAIS) Acquisition Force Interdisciplinary—An approach to Programs, with Change 1 HQ USAF/ILE The Air Force Civil Engineer environmental analysis involving more than one discipline or branch of learning. Air Force Publications MAJCOM Major Command MGM Materiel Group Manager Pollution Prevention—‘‘Source reduction’’, AFPD 32–70, Environmental Quality MOA Military Operating Area as defined under the Pollution Prevention AFI 32–1021, Planning and Programming of MOU Memorandum of Understanding Act, and other practices that reduce or Facility Construction Projects MSL Mean Sea Level eliminate pollutants through increased AFI 32–7002, Environmental Information NEPA National Environmental Policy Act efficiency in the use of raw materials, energy, water, or other resources, or in the protection Management System of 1969 of natural resources by conservation. AFI 32–7005, Environmental Protection NGB–CF National Guard Bureau Air Proponent—Any office, unit, or activity Committees Directorate that proposes to initiate an action. AFI 32–7040, Air Quality Compliance NGB–JA National Guard Bureau Office of Scoping—A process for proposing AFI 32–7062, Air Force Comprehensive the Staff Judge Advocate Planning alternatives to be addressed and for NGB–PA National Guard Bureau Office of identifying the significant issues related to a AFI 32–7063, Air Installation Compatible Use Public Affairs Zone Program proposed action. Scoping includes NOA Notice of Availability affirmative efforts to communicate with other AFI 32–7064, Integrated Natural Resources NOI Notice of Intent Management federal agencies, state, Tribal, and local OSD Office of the Secretary of Defense governments, and the public. AFI 32–7080, Pollution Prevention Program OSHA Occupational Safety and Health Single Manager—Any one of the Air Force AFI 35–202, Environmental Community Administration designated weapon system program Involvement PDEIS Preliminary Draft Environmental managers, that include System Program AFI 35–205, Air Force Security and Policy Impact Statement Directors (SPDs), Product Group Managers Review Program PGM Product Group Manager (PGMs), and Materiel Group Managers AFMAN 37–139, Records Disposition— REO Air Force Regional Environmental (MGM). Standards Office United States—All states, commonwealths, Abbreviations and Acronyms ROD Record of Decision the District of Columbia, territories and Abbreviation or acronym, and definition: SAF/AQR Deputy Assistant Secretary of the possessions of the United States, and all Air Force (Science, Technology, and waters and airspace subject to the territorial AFCEE Air Force Center for Environmental Engineering) jurisdiction of the United States. The Excellence SAF/GC Air Force General Counsel territories and possessions of the United AFCEE/EC Air Force Center for SAF/LL Air Force Office of Legislative States include American Samoa, Guam, Environmental Excellence/ Liaison Johnston Atoll, Kingman Reef, Midway Environmental Conservation and SAF/MI Assistant Secretary of the Air Force Island, Navassa Island, Palmyra Island, the Planning Directorate for Manpower, Reserve Affairs, Virgin Islands, and Wake Island. AFI Air Force Instruction Installations, and Environment AFLSA/JACE Air Force Legal Services SAF/MIQ Deputy Assistant Secretary of the Attachment 2 to Part 989ÐCategorical Agency/Environmental Law and Air Force (Environment, Safety, and Exclusions Litigation Division Occupational Health) A2.1. Proponent/EPF Responsibility. AFLSA/JAJT Air Force Legal Services SAF/PA Air Force Office of Public Affairs Although a proposed action may qualify for Agency/Trial Judiciary Division SJA Staff Judge Advocate a categorical exclusion from the requirements AFMAN Air Force Manual SM Single Manager for environmental impact analysis under AFMOA/SG Air Force Medical Operations SPD Single Program Director NEPA, this exclusion does not relieve the Agency/Aerospace Medicine Office SPOC Single Point of Contact EPF or the proponent of responsibility for AFPD Air Force Policy Directive TDY Temporary Duty complying with all other environmental AFRES Air Force Reserve U.S.C. United States Code requirements related to the proposal, ANG Air National Guard Terms including requirements for permits, state ANGRC Air National Guard Readiness regulatory agency review of plans, and so on. Center Note: All definitions in the CEQ A2.2. Additional Analysis. Circumstances CATEX Ctegorical Exclusion Regulations, 40 CFR part 1508, apply to this may arise in which usually categorically CEQ Council on Environmental Quality part. In addition, the following definitions excluded actions may have a significant CFR Code of Federal Regulations apply: environmental impact and, therefore, may DoD Department of Defense Description of Proposed Action and generate a requirement for further DoDD Department of Defense Directive Alternatives (DOPAA)—An Air Force environmental analysis. Examples of DoDI Department of Defense Instruction document that is the framework for assessing situations where such unique circumstances DOPAA Description of Proposed Action the environmental impact of a proposal. It may be present include: and Alternatives describes the purpose and need for the A2.2.1. Actions of greater scope or size EA Environmental Assessment action, the alternatives to be considered, and than generally experienced for a particularly EIAP Environmental Impact Analysis the rationale used to arrive at the proposed category of action. Process action. The DOPAA often unfolds as writing A2.2.2. Potential for degradation (even EIS Environmental Impact Statement progresses. The DOPAA can change during though slight) of already marginal or poor E.O. Executive Order the internal scoping and public scoping environmental conditions. EPA Environmental Protection Agency process, especially as ideas and issues A2.2.3. Initiating a degrading influence, EPC Environmental Protection Committee become clearer, and as new information activity, or effect in areas not already EPF Environmental Planning Function makes changes necessary. significantly modified from their natural ESOHC Environmental Safety and Environmental Impact Analysis Process condition. Occupational Health Committee (EIAP)—The Air Force program that A2.2.4. Use of unproved technology. FAA Federal Aviation Administration implements the requirements of NEPA and A2.2.5. Use of hazardous or toxic FEIS Final Environmental Impact Statement requirements for analysis of environmental substances that may come in contact with the FOA Field Operating Agency effects abroad under E.O. 12114. surrounding environment. 67318 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

A2.2.6. Presence of threatened or A2.3.14. Installing on previously installation, and operation of test or endangered species, archaeological remains, developed land, equipment that does not monitoring wells. This CATEX applies to historical sites, or other protected resources. substantially alter land use (i.e., land use of studies that assist in determining final A2.2.7. Proposals adversely affecting areas more than one acre). This includes outgrants cleanup actions when they are conducted in of critical environmental concern, such as to private lessees for similar construction. accordance with legal agreements, prime or unique agricultural lands, wetlands, The EPF must document application of this administrative orders, or work plans coastal zones, wilderness areas, floodplains, CATEX on AF Form 813. previously agreed to by EPA or state or wild and scenic river areas. A2.3.15. Laying-away or mothballing a regulators. A2.2.8. Proposals with significant and production facility or adopting a reduced A2.3.27. Normal or routine basic and adverse environmental effects on minority maintenance level at a closing installation applied scientific research confined to the and low-income populations. when (1) agreement on any required historic laboratory and in compliance with all A2.3. CATEX List. Actions that are preservation effort has been reached with the applicable safety, environmental, and natural categorically excluded in the absence of state historic preservation officer and the resource conservation laws. unique circumstances are: Advisory Council on Historic Preservation, A2.3.28. Routine transporting of hazardous A2.3.1. Routine procurement of goods and and (2) no degradation in the environmental materials and wastes in accordance with services. restoration program will occur. applicable Federal, state, interstate, and local A2.3.2. Routine Commissary and Exchange A2.3.16. Acquiring land and ingrants (50 laws. operations. acres or less) for activities otherwise subject A2.3.29. Emergency handling and A2.3.3. Routine recreational and welfare to CATEX. The EPF must document transporting of small quantities of chemical activities. application of this CATEX on AF Form 813. surety material or suspected chemical surety A2.3.4. Normal personnel, fiscal or A2.3.17. Transferring land, facilities, and material, whether or not classified as budgeting, and administrative activities and personal property for which the General hazardous or toxic waste, from a discovery decisions including those involving military Services Administration (GSA) is the action site to a permitted storage, treatment, or and civilian personnel (for example, agency. Such transfers are excluded only if disposal facility. recruiting, processing, paying, and records there is no change in land use and GSA A2.3.30. Immediate responses to the keeping). complies with its NEPA requirements. release or discharge of oil or hazardous A2.3.5. Preparing, revising, or adopting A2.3.18. Transferring administrative materials in accordance with an approved regulations, instructions, directives, or control of real property within the Air Force Spill Prevention and Response Plan or Spill guidance documents that do not, themselves, or to another military department or to Contingency Plan or that are otherwise result in an action being taken. another Federal agency, not including GSA, consistent with the requirements of the A2.3.6. Preparing, revising, or adopting including returning public domain lands to National Contingency Plan. regulations, instructions, directives, or the Department of the Interior. A2.3.31. Relocating a small number of guidance documents that implement A2.3.19. Granting easements, leases, aircraft to an installation with similar aircraft (without substantial change) the regulations, licenses, rights of entry, and permits to use that does not result in a significant increase instructions, directives, or guidance Air Force controlled property for activities of total flying hours or the total number of documents from higher headquarters or other Federal agencies with superior subject matter that, if conducted by the Air Force, could be aircraft operations, a change in flight tracks, jurisdiction. categorically excluded in accordance with or an increase in permanent personnel or A2.3.7. Continuation or resumption of pre- this attachment. The EPF must document logistics support requirements at the existing actions, where there is no substantial application of this CATEX on AF Form 813. receiving installation. Repetitive use of this change in existing conditions or existing land A2.3.20. Converting in-house services to CATEX at an installation requires further uses and where the actions were originally contract services. analysis to determine there are no cumulative evaluated in accordance with applicable law A2.3.21. Routine personnel decreases and impacts. The EPF must document application and regulations, and surrounding increases, including work force conversion to of this CATEX on AF Form 813. circumstances have not changed. either on-base contractor operation or to A2.3.32. Temporary (for less than 30 days) A2.3.8. Performing interior and exterior military operation from contractor operation increases in air operations up to 50 percent construction within the 5-foot line of a (excluding base closure and realignment of the typical installation aircraft operation building without changing the land use of the actions which are subject to congressional rate or increases of 50 operations a day, existing building. reporting under 10 U.S.C. 2687). whichever is greater. Repetitive use of this A2.3.9. Repairing and replacing real A2.3.22. Routine, temporary movement of CATEX at an installation requires further property installed equipment. personnel, including deployments of analysis to determine there are no cumulative A2.3.10. Routine facility maintenance and personnel on a temporary duty (TDY) basis impacts. repair that does not involve disturbing where existing facilities are used. A2.3.33. Flying activities that comply with significant quantities of hazardous materials A2.3.23. Personnel reductions resulting the Federal aviation regulations, that are such as asbestos and lead-based paint. from workload adjustments, reduced dispersed over a wide area and that do not A2.3.11. Actions similar to other actions personnel funding levels, skill imbalances, or frequently (more than once a day) pass near which have been determined to have an other similar causes. the same ground points. This CATEX does insignificant impact in a similar setting as A2.3.24. Study efforts that involve no not cover regular activity on established established in an EIS or an EA resulting in commitment of resources other than routes or within special use airspace. a FONSI. The EPF must document personnel and funding allocations. A2.3.34. Supersonic flying operations over application of this CATEX on AF Form 813, A2.3.25. The analysis and assessment of land and above 30,000 feet MSL, or over specifically identifying the previous Air the natural environment without altering it water and above 10,000 feet MSL and more Force approved environmental document (inspections, audits, surveys, investigations). than 15 nautical miles from land. which provides the basis for this This CATEX includes the granting of any A2.3.35. Formal requests to the FAA, or determination. permits necessary for such surveys, provided host-nation equivalent agency, to establish or A2.3.12. Installing, operating, modifying, that the technology or procedure involved is modify special use airspace (for example, and routinely repairing and replacing utility well understood and there are no adverse restricted areas, warning areas, military and communications systems, data environmental impacts anticipated from it. operating areas) and military training routes processing cable, and similar electronic The EPF must document application of this for subsonic operations that have a base equipment that use existing rights of way, CATEX on AF Form 813. altitude of 3,000 feet above ground level or easements, distribution systems, or facilities. A2.3.26. Undertaking specific investigatory higher. The EPF must document application A2.3.13. Installing or modifying airfield activities to support remedial action of this CATEX on AF Form 813, which must operational equipment (such as runway activities for purposes of cleanup of Defense accompany the request to the FAA. visual range equipment, visual glide path Environmental Restoration Program (DERP) A2.3.36. Adopting airfield approach, systems, and remote transmitter or receiver and Resource Conservation and Recovery Act departure, and en route procedures that are facilities) on airfield property and usually (RCRA) corrective action sites. These less than 3,000 feet above ground level, and accessible only to maintenance personnel. activities include soil borings and sampling, that also do not route air traffic over noise- Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67319 sensitive areas, including residential notices for publication in the Federal submitted written comments and a list of the neighborhoods or cultural, historical, and Register to arrive at HQ USAF/CEV no later organizations or interests they represent with outdoor recreational areas. The EPF may than 30 days before the hearing date. addresses. The EIS preparation team must categorically exclude such air traffic patterns A3.2.3. The notice should include: make sure a verbatim transcript of the at or greater than 3,000 feet above ground A3.2.3.1. Date, time, place, and subject of hearing is provided to the EPF for inclusion level regardless of underlying land use. the hearing. as an appendix to the Final EIS. The officer A2.3.37. Participating in ‘‘air shows’’ and A3.2.3.2. A description of the general should also ensure that all persons who fly-overs by Air Force aircraft at non-Air format of the hearing. request a copy of the transcript get a copy Force public events after obtaining FAA A3.2.3.3. The name and telephone number when it is completed. Copying charges are coordination and approval. of a person to contact for more information. determined according to 40 CFR 1506.6(f). A2.3.38. Conducting Air Force ‘‘open A3.2.3.4. A suggestion that speakers submit A3.7. Hearing Format. Use the format houses’’ and similar events, including air (in writing or by return call) their intention outlined below as a general guideline for shows, golf tournaments, home shows, and to participate, with an indication of which conducting a hearing. Hearing officers should the like, where crowds gather at an Air Force environmental impact (or impacts) they wish installation, so long as crowd and traffic to address. tailor the format to meet the hearing control, etc., have not in the past presented A3.2.3.5. Any limitation on the length of objectives. These objectives provide significant safety or environmental impacts. oral statements. information to the public, record opinions of interested persons on environmental impacts Attachment 3 to Part 989ÐProcedures for A3.2.3.6. A suggestion that speakers submit statements of considerable length in writing. of the proposed action, and set out Holding Public Hearings on Draft alternatives for improving the EIS and for Environmental Impact statements (EIS) A3.2.3.7. A summary of the proposed action. later consideration. A.3.1. General Information: A3.2.3.8. The location where the Draft EIS A3.7.1. Record of Attendees. The hearing A3.1.1. The Office of the Judge Advocate and any appendices are available for officer should make a list of all persons who General, through the Air Force Legal Services examination. wish to speak at the hearing to help the Agency/Trial Judiciary Division (AFLSA/ A.3.3. Availability of the Draft EIS to the hearing officer in calling on these JAJT) and its field organization, is Public. The EPF makes copies of the Draft individuals, to ensure an accurate transcript responsible for conducting public hearings EIS available to the public at an Air Force of the hearing, and to enable the officer to and assuring verbatim transcripts are installation and other reasonably accessible send a copy of the Final EIS (40 CFR 1502.19) accomplished. place in the vicinity of the proposed action to any person, organization, or agency that A3.1.2. The EPF, with proponent, AFLSA/ and public hearing (e.g., public library). provided substantive comments at the JAJT, and Public Affairs support, establishes A3.4. Place of the Hearing. The EPF hearing. The hearing officer should assign the date and location, arranges for hiring the arranges to hold the hearing at a time and court reporter, funds temporary duty costs for assistants to the entrance of the hearing room place and in an area readily accessible to the hearing officer, makes logistical to provide cards on which individuals can military and civilian organizations and arrangements (for example, publishing voluntarily write their names, addresses, individuals interested in the proposed action. notices, arranging for press coverage, telephone numbers, organizations they obtaining tables and chairs, etc.). Generally, the EPF should arrange to hold the represent, and titles; whether they desire to A3.1.3. The procedures outlined below hearing in an off-base civilian facility, which make a statement at the hearing; and what have proven themselves through many prior is more accessible to the public. environmental area(s) they wish to address. applications. However, there may be rare A3.5. Hearing Officer: The hearing officer can then use the cards to instances when circumstances warrant A3.5.1. The AFLSA/JAJT selects a military call on individuals who desire to make conducting public hearings under a different trial judge to preside over hearings. The statements. However, the hearing officer will format, e.g., public/town meeting, hearing officer does not need to have not deny entry to the hearing or the right to information booths, third party moderator, personal knowledge of the project, other than speak to people who decline to submit this etc. In these cases, forward a request with familiarity with the Draft EIS. In no event information on cards. justification to deviate from these procedures should the hearing officer be a judge A3.7.2. Introductory Remarks. The hearing to USAF/ILEVP for SAF/MIQ approval. advocate from the proponent or subordinate officer should first introduce himself or A3.2. Notice of Hearing (40 CFR 1506.6): command, be assigned to the same herself and the EIS preparation team. Then A3.2.1. Public Affairs officers: installation with which the hearing is the hearing officer should make a brief A3.2.1.1. Announce public hearings and concerned, or have participated personally in statement on the purpose of the hearing and the development of the project, or have assemble a mailing list of individuals to be give the general ground rules on how it will rendered legal advice or assistance with invited. be conducted. This is the proper time to respect to it (or be expected to do so in the A3.2.1.2. Distribute announcements of a welcome any dignitaries who are present. future). The principal qualification of the hearing to all interested individuals and The hearing officer should explain that he or hearing officer should be the ability to agencies, including the print and electronic she does not make any recommendation or media. conduct a hearing as an impartial participant. A3.5.2. The primary duties of the hearing decision on whether the proposed project A3.2.1.3. Place a newspaper display should be continued, modified, or abandoned advertisement announcing the time and place officer are to make sure that the hearing is orderly, is recorded, and that interested or how the EIS should be prepared. of the hearing as well as other pertinent A3.7.3. Explanation of the Proposed particulars. parties have a reasonable opportunity to Action. The Air Force EIS preparation team A3.2.1.4. Distribute the notice in a timely speak. The presiding officer should direct the representative should next explain the manner so it will reach recipients or be speakers’ attention to the purpose of the proposed action, the alternatives, the published at least 15 days before the hearing hearing, which is to consider the date. Distribute notices fewer than 15 days environmental impacts of the proposed potential environmental consequences, and before the hearing date when you have project. Speakers should have a time limit to the EIAP. substantial justification and if the ensure maximum public input to the A3.7.4. Questions by Attendees. After the justification for a shortened notice period decision-maker. EIS team representative explains the appears in the notice. A3.6. Record of the Hearing. The EIS proposed action, alternatives, and A3.2.1.5. Develop and distribute news preparation team must make sure a verbatim consequences, the hearing officer should give release. transcribed record of the hearing is prepared, attendees a chance to ask questions to clarify A3.2.2. If an action has effects of national including all stated positions, all questions, points they may not have understood. The concern, publish notices in the Federal and all responses. The EIS preparation team EIS preparation team may have to reply in Register and mail notices to national should append all written submissions that writing, at a later date, to some of the organizations that have an interest in the parties provide to the hearing officer during questions. While the Air Force EIS matter. the hearing to the record as attachments. The preparation team should be as responsive as A3.2.2.1. Because of the longer lead time EIS preparation team should also append a possible in answering questions about the required by the Federal Register, send out list of persons who spoke at the hearing and proposal, they should not become involved 67320 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules in debate the questioners over the merits of attendees of the deadline for the commenting FR 30546, June 4, 1997). The committee the proposed action. Cross-examination of period of the Draft EIS. will hold its next meeting on the dates speakers, either those of the Air Force or the Barbara A. Carmichael, and at the location announced above. public, is not the purpose of an informal Alternate Air Force Federal Register Liaison The meeting is open to the public. The hearing. If necessary, the hearing officer may Officer. meeting site is accessible to individuals limit questioning or conduct portions of the [FR Doc. 97–33457 Filed 12–23–97; 8:45 am] with disabilities. Individuals with hearing to ensure proper lines of inquiry. BILLING CODE 3910±01±M hearing impairments who require sign However, the hearing officer should include all questions in the hearing record. language interpreters should contact A3.7.5. Statement of Attendees. The Peggy Greenwell by January 15, 1998, by hearing officer must give the persons ARCHITECTURAL AND calling (202) 272–5434 extension 34 attending the hearing a chance to present oral TRANSPORTATION BARRIERS (voice) or (202) 272–5449 (TTY). or written statements. The hearing officer COMPLIANCE BOARD Lawrence W. Roffee, should be sure the recorder has the name and Executive Director. address of each person who submits an oral 36 CFR Parts 1190 and 1191 [FR Doc. 97–33625 Filed 12–23–97; 8:45 am] or written statement. The officer should also BILLING CODE 8150±01±P permit the attendees to submit written Accessibility Guidelines for Outdoor statements within a reasonable time, usually Developed Areas; Meeting of two weeks, following the hearing. The officer Regulatory Negotiation Committee should allot a reasonable length of time at the ENVIRONMENTAL PROTECTION hearing for receiving oral statements. The AGENCY: Architectural and AGENCY officer may waive any announced time limit Transportation Barriers Compliance at his or her discretion. The hearing officer Board. 40 CFR Part 52 may allow those who have not previously ACTION: Regulatory negotiation [CA±203±0062; FRL±5940±7] indicated a desire to speak to identify committee meeting. themselves and be recognized only after Approval and Promulgation of State those who have previously indicated their SUMMARY: The Architectural and intentions to speak have spoken. Transportation Barriers Compliance Implementation Plans; California; A3.7.6 Ending or Extending a Hearing. The Board (Access Board) has established a Ventura County Air Pollution Control hearing officer has the power to end the regulatory negotiation committee to District hearing if the hearing becomes disorderly, if develop a proposed rule on accessibility AGENCY: Environmental Protection the speakers become repetitive, or for other guidelines for newly constructed and Agency (EPA). good cause. In any such case, the hearing altered outdoor developed areas covered officer must make a statement for the record by the Americans with Disabilities Act ACTION: Proposed rule. on the reasons for terminating the hearing. The hearing officer may also extend the and the Architectural Barriers Act. This SUMMARY: EPA is proposing to approve hearing beyond the originally announced document announces the dates, times, a state implementation plan (SIP) date and time. The officer should announce and location of the next meeting of the revision submitted by the State of the extension to a later date or time during committee, which is open to the public. California relating to control measures the hearing and prior to the hearing if DATES: The committee will meet on: for attaining the ozone national ambient possible. Saturday, January 31, 1998, 2:00 p.m. to air quality standards (NAAQS) in the A3.8. Adjourning the Hearing. After all 6:00 p.m.; Sunday, February 1, 1998, Ventura County nonattainment area. persons have had a chance to speak, when 8:30 a.m. to 5:00 p.m.; and Monday, The submittal revises control measure the hearing has culled a representative view February 2, 1998, 8:30 a.m. to 5:00 p.m. adoption schedules in the 1994 ozone of public opinion, or when the time set for the hearing and any reasonable extension of ADDRESSES: The committee will meet at SIP for Ventura County. EPA is time has ended, the hearing officer adjourns the Princess Hotel, 1404 West Vacation proposing to approve the SIP revision the hearing. In certain circumstances (for Road, San Diego, California. under provisions of the Clean Air Act example, if the hearing officer believes it is FOR FURTHER INFORMATION CONTACT: (CAA or the Act) regarding EPA action likely that some participants will introduce Peggy Greenwell, Office of Technical on SIP submittals, SIPs for national new and relevant information), the hearing and Information Services, Architectural primary and secondary ambient air officer may justify scheduling an additional, and Transportation Barriers Compliance quality standards, and plan separate hearing session. if the hearing officer Board, 1331 F Street, NW., suite 1000, requirements for nonattainment areas. makes the decision to hold another hearing Washington, DC, 20004–1111. DATES: Written comments on this while presiding over the original hearing he Telephone number (202) 272–5434 proposal must be received by January or she should announce that another public 23, 1998. hearing will be scheduled or is under extension 34 (Voice); (202) 272–5449 consideration. The officer gives notice of a (TTY). This document is available in ADDRESSES: Comments should be decision to continue these hearings in alternate formats (cassette tape, braille, addressed to the USEPA contact listed essentially the same way he or she large print, or computer disc) upon below. announced the original hearing, time request. This document is also available The rulemaking docket for this notice permitting. The Public Affairs officer on the Board’s web site (http:// may be inspected and copied at the provides the required public notices and www.access-board.gov/rules/ following location during normal directs notices to interested parties in outdoor.htm). business hours. A reasonable fee may be coordination with the hearing officer. SUPPLEMENTARY INFORMATION: In June charged for copying parts of the docket. Because of lead time constraints, SAF/MIQ 1997, the Access Board established a Environmental Protection Agency, may waive Federal Register notice Region 9, Air Division, Air Planning requirements or advertisements in local regulatory negotiation committee to Office 75 Hawthorne Street, San publications. At the conclusion of the develop a proposed rule on accessibility hearing, the hearing officer should inform the guidelines for newly constructed and Francisco, CA 94105–3901 attendees of the deadline (usually 2 weeks) altered outdoor developed areas covered Copies of the SIP materials are also to submit additional written remarks in the by the Americans with Disabilities Act available for inspection at the addresses hearing record. The officer should also notify and the Architectural Barriers Act. (62 listed below: Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67321

California Air Resources Board, 2020 L in milestone years leading to the further changes to the adoption Street, Sacramento, California attainment year. schedule and emission reductions for Ventura County Air Pollution Control EPA has issued a ‘‘General Preamble’’ many of the control measures. Because District, 669 County Square Drive, describing the Agency’s preliminary the further changes had not yet been Ventura, California views on how EPA intends to act on submitted by CARB, however, EPA SIPs submitted under Title I of the Act. FOR FURTHER INFORMATION CONTACT: explained that the Agency must act on See generally 57 FR 13498 (April 16, Dave Jesson (415) 744–1288, Air the adoption schedule as revised by 1992) and 57 FR 18070 (April 28, 1992). Planning Office (AIR–2), Air Division, Ventura on December 19, 1995. EPA The reader should refer to the General U.S. EPA, Region 9, 75 Hawthorne noted that if the January 1996 changes Preamble for a more detailed discussion Street, San Francisco, California, 94105– were to be submitted as a further of EPA’s preliminary interpretations of 3901. revision to the SIP’s rule adoption Title I requirements. In this proposed schedule, EPA intended to approve SUPPLEMENTARY INFORMATION: rulemaking action, EPA is applying them since the changes did not I. Background these policies to the Ventura ozone SIP adversely affect ROP or attainment (62 submittal, taking into consideration the FR 1175). A. Clean Air Act Requirements specific factual issues presented. C. Current SIP Revision The Federal CAA was substantially B. EPA Actions on Prior Ventura Ozone amended in 1990 to establish new SIP Revisions On October 21, 1997, the VCAPCD planning requirements and attainment The Ventura County Air Pollution Board adopted, after proper public deadlines for the NAAQS. Under Control District (VCAPCD) adopted an notice and involvement, a 1997 revision section 107(d)(1)(C) of the Act, areas ozone attainment plan on November 8, to the ozone plan, updating the designated nonattainment prior to 1994. This plan was forwarded to the adoption and implementation dates for enactment of the 1990 amendments, California Air Resources Board (CARB), 8 measures in the 1994 ozone SIP.2 including Ventura, were designated which submitted the plan as a proposed On November 5, 1997, CARB adopted nonattainment by operation of law. revision to the California SIP on Under section 181(a) of the Act, each and submitted this update as a SIP November 15, 1994. On December 19, revision. The docket to this proposed ozone area designated nonattainment 1995, VCAPCD adopted an updated under section 107(d) was also classified rulemaking includes CARB Executive plan, making minor revisions to Order G–125–227, dated November 5, by operation of law, depending on the adoption and implementation schedules area’s air quality problem. Ventura 1997, and a SIP transmittal letter from and estimates of emissions reductions Michael P. Kenny, CARB Executive County was classified as severe, with an for some of the control measures. On 1 Officer, to Felicia Marcus, EPA Regional attainment date of November 15, 2005. July 12, 1996, CARB submitted this Section 172 of the Act contains Administrator, Region 9, dated updated plan, with a request that EPA November 5, 1997. On November 19, general requirements applicable to SIPs approve the corrected version of the for nonattainment areas. Section 182 of 1997, EPA found the revision to be control measures. complete, pursuant to EPA’s the Act sets out additional air quality On January 8, 1997 (62 FR 1150), EPA completeness criteria that are set forth planning requirements for ozone issued final approval of the Ventura in 40 CFR Part 51 Appendix V.3 A nonattainment areas. 1994 ozone SIP, as amended by the technical clarification regarding The most fundamental of these submittal of July 12, 1996. Specifically, emission reductions for each measure is provisions is the requirement that ozone EPA approved the Ventura 1994 ozone also part of the docket to this action. nonattainment areas classified as SIP with respect to the Act’s The clarification is in a November 20, serious, severe, or extreme, submit by requirements for emission inventories, November 15, 1994, a SIP demonstrating control measures, modeling, and 1997 letter from Richard H. Baldwin, attainment of the ozone NAAQS as demonstrations of 15% ROP and post- VCAPCD Air Pollution Control Officer, expeditiously as practicable but no later 1996 ROP and attainment. As part of to Michael Kenny. CARB submitted this than the deadline applicable to the this action, EPA approved, under letter to EPA on December 5, 1997 area’s classification. CAA section sections 110(k)(3) and 301(a) of the Act, (letter from Michael P. Kenny to David 182(c)(2)(A). Such a demonstration must VCAPCD’s enforceable commitments to Howekamp, EPA) as a technical provide enforceable measures to achieve adopt and implement 18 control clarification to the SIP. emission reductions at or below the measures by express dates to achieve The table entitled ‘‘Revised Adoption level predicted to result in attainment of specific emission reductions for the and Implementation Dates for Ventura the NAAQS throughout the ROP milestone years 1999, 2002, and Measures’’ displays the adoption and nonattainment area. Sections 182(b)(1) 2005. implementation dates for each rule in and 182(c)(2)(B) also require the SIPs to EPA’s approval noted that VCAPCD the existing SIP and the proposed achieve specific rates of progress (ROP) had adopted on January 9, 1996, minor revision.

REVISED ADOPTION AND IMPLEMENTATION DATES FOR VENTURA MEASURES

Adoption Implementation Rule No. Control measure SIP Rev SIP Rev

R±303 ...... AIM Architectural Coatings ...... 12/96 12/99 12/97 ...... Phase 1 ...... 2000

1 The designation and classification of Ventura additional measure, R–705/N–705 Low Emission 3 EPA adopted the completeness criteria on County for ozone are codified at 40 CFR 81.305. Vehicle Fleets, which was not approved as part of February 16, 1990 (55 FR 5830) and, pursuant to 2 VCAPCD Board Resolution is part of the docket the 1994 ozone SIP. CARB did not include this section 110(k)(1)(A) of the CAA, revised the criteria measure in the 1997 SIP submittal. VCAPCD assigns for this proposed rulemaking. The VCAPCD plan on August 26, 1991 (56 FR 42216). no emission reduction credit to the measure and update also extends the adoption date for one does not propose a specific implementation date. 67322 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

REVISED ADOPTION AND IMPLEMENTATION DATES FOR VENTURA MEASURESÐContinued

Adoption Implementation Rule No. Control measure SIP Rev SIP Rev

Phase 2 ...... 2001 Phase 3 ...... 2003 R±322 ...... Painter Certification Program ...... 6/97 12/00 ...... Phase 1 ...... 12/97 12/01 Phase 2 ...... 12/98 12/02 R±327 ...... Electronic Component Manufacturing ...... 6/96 12/99 7/97 12/01 R±410 ...... Marine Tanker Loading ...... 9/96 12/01 7/97 12/02 R±420 ...... Pleasure Craft Fuel Transfer ...... 6/97 12/01 7/98 12/02 R±421 ...... Utility Engine Refueling Operations ...... 12/96 12/01 9/97 12/02 R±425 ...... Enhanced Fugitive I/M Program ...... 9/96 12/98 5/97 12/99 N±102 ...... Boilers, Steam Generators, Heaters <1 MMBtu ...... 12/96 12/99 1/97 12/00

In a technical clarification to the SIP VCAPCD adopted many of these revised which was approved by EPA as part of submittal, VCAPCD also provided a emission reductions as part of the 1995 the Ventura 1994 ozone SIP. table of revised emission reductions for AQMP revision adopted December 19, The revised estimates of emission each measure and ROP milestone, 1995. The revised 2005 emission reductions based upon the December 19, reflecting improved information on the reductions proposed for approval in this 1995 reanalysis and the revised measures (primarily corrections to action were used in the modeling in the implementation schedule appear below calculation errors) and the impact of Ventura attainment demonstration, in the table entitled ‘‘Revised Emission changes to the adoption schedule. Reductions for Ventura Measures.’’

REVISED EMISSION REDUCTIONS FOR VENTURA MEASURES

1999 2002 2005 Rule No. Control measure SIP Rev SIP Rev SIP Rev

R±303 ...... AIM Architectural Coatings ...... 0.00 0.00 0.00 0.73 0.89 0.89 R±322 ...... Painter Certification Program ...... 0.48 0.00 0.51 0.11 0.53 0.59 R±327 ...... Electronic Component Manufacturing ...... 0.07 0.00 0.07 0.07 0.08 0.08 R±410 ...... Marine Tanker Loading ...... 0.00 0.00 0.00 0.00 0.00 0.00 R±420 ...... Pleasure Craft Fuel Transfer ...... 0.08 0.00 0.08 0.00 0.08 0.08 R±421 ...... Utility Engine Refueling Operations ...... 0.19 0.00 0.20 0.00 0.20 0.20 R±425 ...... Enhanced Fugitive I/M Program ...... 1.21 0.00 1.07 1.16 0.95 1.03 N±102 ...... Boilers, Steam Generators, Heaters <1 MMBtu ...... 0.05 0.00 0.06 0.04 0.06 0.04 Total VOC ...... 2.03 0.00 1.93 2.07 2.73 2.87 NOx ...... 0.05 0.00 0.06 0.04 0.06 0.04 Sources: The 1994 SIP emission reductions for each control measure for each ROP milestone year are shown in a table entitled ``Ventura Local Control Measures'' in EPA's final approval of the Ventura 1994 ozone SIP. 62 FR 1176. The revised emissions reductions are taken from a letter from Richard H. Baldwin to Michael Kenny, dated November 20, 1997, table entitled ``Ventura Local Control Measures (tons per day).'' All emission reductions are in tons per day of volatile organic compounds (VOC), except for measure N±102, which is tons per day of oxides of ni- trogen (NOx).

The SIP revision included significantly in excess of the ROP requirement of this Act.’’ Section 193 documentation explaining for each reductions required under the CAA. prevents modification of control measure why the projected adoption Finally, VCAPCD noted that all requirements ‘‘in effect, or required to and implementation dates were not measures would continue to be fully be adopted by an order, settlement realistic, considering the level of implemented by the attainment date, agreement, or plan in effect before analysis required or, for some new- and that the revised estimate of November 15, 1990 in any area which technology measures, the relatively emission reductions from the measures is a nonattainment area for any air small market for control equipment and in 2005 was used in the ozone modeling pollutant * * * unless the modification devices in Ventura County.4 VCAPCD’s analysis in the 1994 ozone SIP. insures equivalent or greater emission documentation demonstrated that reductions of such air pollutant.’’ II. EPA Action postponement of the adoption and The Ventura 1994 ozone SIP, implementation dates for the measures A. Analysis including its control measures and will not jeopardize ROP because the Two sections of the CAA constrain demonstrations of ROP and attainment, area, relying only on regulations that are EPA’s authority to approve relaxations was not required by an order, settlement now fully adopted, will achieve VOC to the SIP. Section 110(l) prohibits EPA agreement, or plan in effect before and NOX emissions reductions from approving a revision if it would November 15, 1990. Therefore, the ‘‘interfere with any applicable provisions of section 193 of the Act do 4 A copy of the documentation, ‘‘October 21, 1997 not apply to this proposed revision. Ventura County Air Pollution Control Board requirement concerning attainment and Packet,’’ is included in the docket for this proposed reasonable further progress (as defined Section 110(l) does not authorize EPA rulemaking. in section 171), or any other applicable approval of a revised SIP if the revision Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67323 would interfere with attainment and Measures’’ and ‘‘Revised Emission already subject to these requirements reasonable further progress, or any other Reductions for Ventura Measures.’’ under State law. Accordingly, no applicable CAA requirement. additional costs to State, local, or tribal III. Regulatory Process The cumulative effect of the proposed governments, or to the private sector, extensions of implementation dates is a Under the Regulatory Flexibility Act, result from this action. EPA has also decrease in 1999 emission reductions of 5 U.S.C. 600 et seq., EPA must prepare determined that this final action does 2.03 tpd VOC and 0.05 tpd NOX. The a regulatory flexibility analysis not include a mandate that may result net effect of the revision is considerably assessing the impact of any proposed or in estimated costs of $100 million or less in 2002 and 2005. For these ROP final rule on small entities. 5 U.S.C. 603 more to State, local, or tribal milestone years, the delayed NOx and 604. Alternatively, EPA may certify governments in the aggregate or to the reductions amount to only 0.02 tpd, and that the rule will not have a significant private sector. VOC reductions are actually increased impact on a substantial number of small by 0.14 tpd, due to recalculated benefits entities. Small entities include small List of Subjects in 40 CFR Part 52 from measures R–303 and R–425. business, small not-for-profit Environmental protection, Air The Ventura 1994 ozone SIP meets enterprises, and government entities pollution control, hydrocarbons, the minimum Federal ROP requirements with jurisdiction over populations of Incorporation by reference, without reliance on any local measures less than 50,000. Intergovernmental relations, Oxides of that were not fully adopted in regulatory SIP approvals under sections 110 and nitrogen, Ozone, Reporting and form.5 Therefore, the proposed revision 301 and subchapter I, part D of the CAA, recordkeeping requirements, Volatile would not interfere with reasonable do not create any new requirements, but organic compounds. further progress, which for ozone areas simply approve requirements that the Authority: U.S.C. 7401 et seq. is equivalent to the minimum CAA ROP State is already imposing. Therefore, requirements applicable to the area. because the Federal SIP approval does Dated: December 16, 1997. Because the proposed revision simply not impose any new requirements, it Felicia Marcus, delays rather than relaxes or withdraws does not have a significant impact on Regional Administrator, Region IX. control measures in the approved SIP, any small entities affected. Moreover, [FR Doc. 97–33609 Filed 12–23–97; 8:45 am] because the total amount of postponed due to the nature of the Federal state BILLING CODE 6560±50±P emission reductions is small, because relationship under the CAA, preparation there is a net increase in the total of of a regulatory flexibility analysis would ozone precursor emission reductions in constitute Federal inquiry into the ENVIRONMENTAL PROTECTION the attainment year, and because the economic reasonableness of state action. AGENCY VOC/NOX emission reductions reflected The CAA forbids EPA to base its actions in this submittal were used in the concerning SIP’s on such grounds. 40 CFR Part 441 modeled attainment demonstration in Union Electric Co. v. U.S.E.P.A., 427 [FRL±5940±8] the Ventura 1994 ozone SIP, EPA U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. concludes that the proposed revision 7410(a)(2). A Public Hearing on the Proposed would not interfere with any The OMB has exempted this action Effluent Limitations Guidelines and requirement of the CAA relating to the from review under Executive Order Pretreatment Standards for the 1-hour ozone NAAQS, or any other 12866. Industrial Laundries (IL) Industry NAAQS, or any other State obligation IV. Unfunded Mandates under the Act. AGENCY: U.S. Environmental Protection Under sections 202, 203, and 205 of Agency (EPA). B. Summary of Proposed Action the Unfunded Mandates Reform Act of ACTION: Notice of public hearing. In this document, EPA is proposing to 1995 (‘‘Unfunded Mandates Act’’) approve the 1997 update to the 1994 signed into law on March 22, 1995, EPA SUMMARY: The Environmental Protection ozone SIP for Ventura under sections must undertake various actions in Agency is conducting a second public 110(k)(3) and 301(a) of the Act. The association with proposed or final rules hearing, in addition to the public effect of this approval, if finalized, that include a Federal mandate that may hearing being conducted in Washington, would be to amend the federally result in estimated costs of $100 million D.C. to inform the public of the enforceable adoption and or more to the private sector, or to State, proposed effluent limitations guidelines implementation dates and emission local, or tribal governments in the and standards for the industrial reductions for 8 measures in the aggregate. laundries industry. The hearing is Ventura 1994 ozone SIP as shown in the Through submission of these SIP intended for interested parties to tables above entitled ‘‘Revised Adoption revisions, the State and any affected provide comments to the Agency on and Implementation Dates for Ventura local or tribal governments have elected disputed technical, scientific, economic, to adopt the program provided for under or other issues. 5 EPA’s final approval of the Ventura 1994 ozone section 110 and 182(b) of the CAA. DATES: The public hearing will be held SIP at one point states that ‘‘the Ventura control These rules may bind State, local, and on Wednesday, January 21, 1998, from measures are relied upon in meeting the post-1996 9:00 a.m. to 12:00 noon. ROP and attainment requirements of the Act.’’ 62 tribal governments to perform certain FR 1176. This statement is true with respect to actions and also require the private ADDRESSES: The hearing will be held at attainment but is in error with respect to ROP sector to perform certain duties. To the the Henry M. Jackson Federal Building, requirements. VCAPCD’s 1994 ozone SIP includes extent that the rules being approved or South Auditorium, Seattle, Washington. a Post-96 ROP schedule that meets the minimum CAA requirement for each milestone year (9% disapproved by this action will impose The building is located at 915 2nd reduction in emissions for each 3-year period any mandate upon the State, local, or Avenue. Persons wishing to present through the attainment year, i.e., 1999, 2002, 2005), tribal governments either as the owner formal comments at the public hearing relying only on fully adopted regulations, with no or operator of a source or as a regulator, should have a written copy for credit taken from local control measures. The 1994 or would impose any mandate upon the submittal. ozone SIP uses creditable NOX reductions to substitute for VOC shortfalls in 2002 and 2005, as private sector, EPA’s action will impose A limited number of rooms are allowed by section 182(c)(2)(C) of the Act. no new requirements; such sources are available at the Westin Seattle Hotel. 67324 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

Hotel reservations may be made by DEPARTMENT OF THE INTERIOR Written comments and materials should calling (206) 727–5888 and refer to the be sent to: Field Supervisor, U.S. Fish EPA Public Hearing to obtain a group Fish and Wildlife Service and Wildlife Service, 315 Houston St., rate of $99.00. The Westin Hotel at 1900 Suite E, Manhattan, Kansas 66502. 50 CFR Part 17 5th Avenue is approximately 10 blocks Comments and materials received will be available for public inspection, by from the Henry M. Jackson Federal Endangered and Threatened Wildlife appointment, during normal business Building. and Plants; Reopening of Comment hours at the above address. FOR FURTHER INFORMATION CONTACT: Period and Public Hearings on the FOR FURTHER INFORMATION CONTACT: Marta Jordan, Engineering and Analysis Proposed Rule To List the Topeka Shiner as Endangered Vernon Tabor at the above address (785/ Division (4303), U.S. EPA, 401 M Street 539–3474). SW., Washington DC 20460. Telephone AGENCY: Fish and Wildlife Service, (202) 260–0817, fax (202) 260–7185 or Interior. SUPPLEMENTARY INFORMATION: E-Mail [email protected] ACTION: Proposed rule; notice of public Background SUPPLEMENTARY INFORMATION: EPA hearings and reopening of comment Section 4(b)(5)(E) of the Act requires proposed effluent limitations guidelines period. that a public hearing be held on the and pretreatment standards for the SUMMARY: The Fish and Wildlife Service proposal to list the Topeka shiner as an Industrial Laundries Category under (Service) gives notice that four public endangered species, if requested within authority of the Clean Water Act (33 hearings will be held on its proposal to 45 days of the proposal’s publication in U.S.C. 1251 et seq.) (62 FR 66182, list the Topeka shiner (Notropis topeka) the Federal Register. Public requests December 17, 1997). The Industrial as an endangered species. The Service were received in the allotted time Laundries Category includes facilities proposed endangered status pursuant to period from parties in Iowa, Kansas, that launder industrial textile items the Endangered Species Act (Act) of Missouri, and South Dakota. such as, industrial: garments and 1973, as amended, for the Topeka shiner Anyone expecting to make an oral uniforms, shop towels, printer towels, on October 24, 1997 (62 FR 55381). presentation at these hearings is mops, mats, and dust control items from These hearings will allow additional encouraged to provide a written copy of off-site as a business activity. The items comments on this proposal to be their statement to the hearing officer that are laundered are owned either by submitted from all interested parties. prior to the start of the hearing. In the event there is a large attendance, the the laundry facilities or their customers. DATES: The comment period on the time allotted for oral statements may Often these facilities wash other items proposal is reopened from January 12, 1998 through February 9, 1998. The have to be limited. Oral and written that are not classified as industrial statements receive equal consideration. textile items, such as linen supply public hearings will be held from 7 to 9:30 p.m. on each of the following There are no limits to the length of garments, linen flatwork, health-care written comments presented at these items, and miscellaneous other items. evenings: January 26, 1998, in Manhattan, Kansas; January 27, 1998, in hearings or mailed to the Service. The public hearing will include a Bethany, Missouri; January 28, 1998, in In order to accommodate the brief discussion of the proposed rule Ft. Dodge, Iowa; and January 29, 1998, scheduled public hearings, the Service which includes scope, technology-based in Sioux Falls, South Dakota. An extends the public comment period. regulatory options, and other general informal open forum will precede each Written comments may be submitted industrial laundries industry issues. The hearing from 5 to 6:30 p.m. each from January 12, 1998 through February hearing will be recorded or transcribed evening. 9, 1998, to: Field Supervisor (see ADDRESSES section). by a reporter for inclusion in the record ADDRESSES: The January 26 hearing will for the Industrial Laundries Category be held at the Kansas State University Author rulemaking. Student Union, Main Ballroom, 17th The primary author of this document Documents relating to the topics Street and Anderson Avenue, is Vernon Tabor (see ADDRESSES mentioned above and a more detailed Manhattan, Kansas; the January 27 section). agenda will be available at the meeting. hearing will be held at the Bethany Community Center, 103 N. 25th Street, Authority Dated: December 18, 1997. Bethany, Missouri; the January 28 The authority for this action is the Tudor Davies, hearing will be held at Iowa Central Endangered Species Act, as amended Director, Office of Science and Technology. Community College, Vo-Tech Building, (16 U.S.C. 1531). [FR Doc. 97–33608 Filed 12–23–97; 8:45 am] Conference Rooms 1 and 2, 330 Avenue Dated: December 18, 1997. BILLING CODE 6560±50±P M, Fort Dodge, Iowa; and the January 29 hearing will be at the University of Ralph O. Morgenweck, Sioux Falls, Chapel Auditorium-Jeschke Regional Director, Denver, Colorado. Fine Arts Center, 1101 West 22nd [FR Doc. 97–33537 Filed 12–23–97; 8:45 am] Street, Sioux Falls, South Dakota. BILLING CODE 4310±55±M 67325

Notices Federal Register Vol. 62, No. 247

Wednesday, December 24, 1997

This section of the FEDERAL REGISTER displays a currently valid OMB control Number of Respondents: 600. contains documents other than rules or number. Frequency of Responses: Reporting: proposed rules that are applicable to the On occasion. public. Notices of hearings and investigations, Risk Management Agency Total Burden Hours: 600. committee meetings, agency decisions and Title: Dairy Options Pilot Program. Emergency Processing of This rulings, delegations of authority, filing of OMB Control Number: 0563–New. Submission Has Been Requested by petitions and applications and agency Summary of Collection: Information statements of organization and functions are January 15, 1998. collection for the Dairy Options Pilot examples of documents appearing in this Farm Service Agency section. Program will take place through the use of two forms, one on-going process of Title: Assignments of Payments and electronic data transmission, and Joint Payment Authorizations. DEPARTMENT OF AGRICULTURE voluntary surveys. OMB Control Number: 0560–New. Need and Use of The Information: Summary of Collection: Information is Submission for OMB Review; The information is to be used by RMA collected from respondents who want to Comment Request in verifying compliance of participating assign agricultural payments to a third producers and brokers, and evaluating party. December 19, 1997. the effectiveness of options as a risk Need and Use of The Information: The Department of Agriculture has management tool for dairy farmers. The information allows USDA to pay submitted the following information Description of Respondents: Farms; the proper party when payments collection requirement(s) to OMB for Individuals or households; Business or become due. review and clearance under the other for-profit; Federal Government. Description of Respondents: Farms. Paperwork Reduction Act of 1995, Number of Respondents: 35,329. Number of Respondents: 70,900. Public Law 104–13. Comments Frequency of Responses: Frequency of Respondent’s: regarding: (a) Whether the collection of Recordkeeping; Reporting: Semi- Reporting: On occasion. information is necessary for the proper annually. Total Burden Hours: 11,778. Total Burden Hours: 16,951. performance of the functions of the Farm Service Agency agency, including whether the Food, Nutrition and Consumer Services information will have practical utility; Title: Tobacco Marketing Quota (b) the accuracy of the agency’s estimate Title: Adapting the Food Guide Referenda—7 CFR 717. of burden including the validity of the Pyramid for Young Children. OMB Control Number: 0560–New. methodology and assumptions used; (c) OMB Control Number: 0584–New. Summary of Collection: A referendum ways to enhance the quality, utility and Summary of Collection: Information is conducted of eligible farmers to clarity of the information to be will be collected through focus groups determine whether they favor or oppose collected; (d) ways to minimize the and prototype testing sessions marketing quotas for the next three burden of the collection of information concerning nutrition education. years. on those who are to respond, including Need and Use of the Information: Need and Use of The Information: through the use of appropriate Information will help USDA develop The referendum is necessary to automated, electronic, mechanical, or food guidance materials for parents of determine whether the producers do or other technological collection young children. do not favor national marketing quotas techniques or other forms of information Description of Respondents: for tobacco. technology should be addressed to: Desk Individuals or households. Description of Respondents: Officer for Agriculture, Office of Number of Respondents: 180. Individuals or households; Farms. Frequency of Responses: Reporting: Number of Respondents: 155,000. Information and Regulatory Affairs, One-time. Frequency of Responses: Reporting: Office of Management and Budget Total Burden Hours: 360. Every 3 years. (OMB), Washington, DC 20503 and to Total Burden Hours: 4,300. Department Clearance Office, USDA, Office of Civil Rights OCIO, Mail Stop 7602, Washington, DC Title: Program Discrimination Farm Service Agency 20250–7602. Comments regarding these Complaints. Title: Assignments of Payments and information collections are best assured OMB Control Number: 0508–New. Joint Payment Authorizations. of having their full effect if received Summary of Collection: Information is OMB Control Number: 0560–New. within 30 days of this notification. collected from respondents who wish to Summary of Collection: Information is Copies of the submission(s) may be file discrimination complaints. collected from respondents who want to obtained by calling (202) 720–6746. Need and Use of The Information: assign agricultural payments to a third An agency may not conduct or The information will be used by the party. sponsor a collection of information staff of the USDA Office of Civil Rights Need and Use of The Information: unless the collection of information to investigate, attempt resolution and The information allows USDA to pay displays a currently valid OMB control settle the case. the proper party when payments number and the agency informs Description of Respondents: become due. potential persons who are to respond to Individuals or households; Business or Description of Respondents: Farms. the collection of information that such other for-profit; Not-for-profit Number of Respondents: 70,900. persons are not required to respond to institutions; Farms; State, Local, or Frequency of Responses: Reporting: the collection of information unless it Tribal government. On occasion. 67326 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Total Burden Hours: 11,778. received will be made available for the country. The petitioners state that to public inspection at the address listed meet the standard when packing certain Agricultural Marketing Service above during regular business hours. varieties of apples, the cans are over- Title: The National Organic Program. The current United States Standards filled. OMB Control Number: 0581–New. for Grades of Canned Apples, along with This condition may cause damage to Summary of Collection: Information is the proposed changes, are available the sliced apples which may cause the required to accredit agents who will either through the afore-mentioned slices to be graded as less than ‘‘Grade serve as inspectors of organically address or by accessing AMS’s Home A.’’ To meet USDA requirements for produced agricultural products and will Page on the Internet at the following drained weight, some processors may be document adherence to the established address: www.ams.usda.gov/standards/ required to put more product into the standards. frutcan.htm. can, causing economic hardship, Need and Use of The Information: FOR FURTHER INFORMATION CONTACT: damage to the product, and sometimes Information will be used by the Contact Randle A. Macon at (202) 720– loss of the integrity of the can seal. If the Agricultural Marketing Service to certify 4693. seal’s integrity is lost during processing, inspection agents on an annual basis. SUPPLEMENTARY INFORMATION: Section the product’s wholesomeness is Description of Respondents: Farms; 203(c) of the Agricultural Marketing Act jeopardized. Individuals or households; Business or of 1946, as amended, (7 U.S.C. 1622 (c)) other for-profit; State, Local or Tribal The remedies recommended by the directs and authorizes the Secretary of petitioners, though similar in purpose, Government. Agriculture ‘‘To develop and improve Number of Respondents: 187,651. are different. Snokist Growers of standards of quality, condition, Yakima, Washington, recommends a Frequency of Responses: quantity, grade, and packaging and Recordkeeping; Reporting: Annually. reduction in the recommended drained recommend and demonstrate such weight for apples packed in No. 10 size Total Burden Hours: 377,171. standards in order to encourage Donald Hulcher, cans, from 96 ounces to 92 ounces. uniformity and consistency in Independent Food Processors Company Departmental Clearance Officer. commercial practices * * *’’. AMS is of Sunnyside, Washington, recommends [FR Doc. 97–33589 Filed 12–23–97; 8:45 am] committed to carrying out this authority the elimination of the recommended BILLING CODE 3410±01±M in a manner that facilitates the drained weight for apples packed in No. marketing of agricultural commodities 10 size cans, from the U.S. Standards for and make copies of official standards Grades of Canned Apples. If that is not DEPARTMENT OF AGRICULTURE available upon request. The United possible the petitioner recommends the States Standards for Grades of Canned Agricultural Marketing Service incorporation of a ‘‘fill weight program’’ Apples no longer appear in the Code of in the U.S. Standards for Grades of [FV±96±327] Federal Regulations but are maintained Canned Apples to ensure that the by the Department of Agriculture ‘‘recommended fill of container’’ United States Standards for Grades of (USDA). requirement is met with a reduction in Canned Apples AMS is proposing to change the the recommended drained weight for United States Standards for Grades of AGENCY: Agricultural Marketing Service, apples packed in No. 10 size cans, from Canned Apples using the procedures it 96 ounces to 85 ounces. USDA. published in the August 13, 1997, ACTION: Notice. Federal Register and that appear in Part USDA has reviewed the petitions and 36 of Title 7 of the Code of Federal data submitted, and has gathered SUMMARY: The Agricultural Marketing Regulations (7 CFR Part 36). additional information from relevant Service (AMS) is soliciting comments AMS received petitions from government agencies and industry on its proposal to change the United Independent Food Processors Company sources including growers, processors, States Standard for Grades of Canned of Sunnyside, Washington; and Snokist and buyers. Based on this information, Applies. Specifically, AMS is proposing Growers of Yakima, Washington, USDA has found that there may be a to lower the recommended drained requesting the revision of the United disparity between the drained weights weight for canned apples packed in No. States Standards for Grades of Canned for canned apples from Pacific 10 cans. This change would allow more Apples. The two petitioners represent a Northwest processors and those from equitable utilization of processed apples significant part of the Pacific Northwest other sections of the country. Though a across domestic growing regions and apple industry. The Pacific Northwest variation in drained weights may exist, will help the apple industry to meet it apple industry provides almost half of our review has shown that the market needs. the apples produced domestically.1 difference is not great enough to warrant DATES: Comments must be submitted on The petitions request that the the changes to the Standards or before February 23, 1998. recommend drained weight of 96 recommended by Independent Food ADDRESSES: Written comments may be ounces for apples packed in No. 10 size Processors Company of Sunnyside, submitted to Randle A. Macon, cans, in the U.S. Standards for Grades Washington. Processed Products Branch, Fruit and of Canned Apples, is difficult to obtain Based on these findings, the USDA Vegetable Programs, Agricultural and puts Pacific Northwest processors at has agreed with the recommendation Marketing Service, U.S. Department of an economic disadvantage in bidding from Snokist Growers of Yakima, Agricultural, Room 0709, South for government and non-government Washington, and is proposing to lower Building; STOP 0247, P.O. Box 96456; contracts. The reasons given for this the recommended drained weight for Washington, D.C. 20090–6456; faxed to disparity are that the varietal types of apples packed No. 10 size cans, from 96 (202) 690–1087; or e-mailed to apples and the growing conditions in ounces to 92 ounces in the U.S. RandlelAlMacon@usda. gov. the Northwest region are different from Standards for Grades of Canned Apples. Comments should reference the date other apple producing regions around This change would allow a more and page number of this issue of the equitable marketing environment for the Federal Register. All comments 1 Source—USDA, NASS, ASB. domestic canned apple industry. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67327

A 60-day comment period is provided Mutually acceptable proposals are effect of this action is to inform for interested persons to comment on submitted by the State Agency and must interested members of the public which this change to the Standards. be accompanied by a completed newspapers will be used to publish Authority: 7 U.S.C. 1621–1627. Standard Form (SF)–424 with SF–424A legal notices of decisions, thereby Dated: December 18, 1997. and SF–424B attached. FSMIP funds allowing them to receive constructive may not be used for advertising or, with notice of a decision, to provide clear Robert C. Keeney, limited exceptions, for the purchase of evidence of timely notice, and to Deputy Administrator, Fruit and Vegetable equipment or facilities. Guidelines may achieve consistency in administering Programs. be obtained from your State Department the appeals process. [FR Doc. 97–33590 Filed 12–23–97; 8:45 am] of Agriculture or the above AMS DATES: Publication of legal notices in BILLING CODE 3410±02±M contact. the listed newspapers will begin with States are encouraged to submit decisions subject to appeal that are proposals for projects which will: DEPARTMENT OF AGRICULTURE made on or after March 1, 1996. The list (1) Assist in identifying and of newspapers will remain in effect Agricultural Marketing Service expanding market opportunities for U.S. until October 1996 when another notice agricultural products, both domestically will be published in the Federal [TM±97±00±200] and internationally, through the Register. development and market testing of new FOR FURTHER INFORMATION CONTACT: Notice of Program Continuation or improved products and value-adding Donald W. Murphy, Regional Appeals services; Manager, Intermountain Region, 324 AGENCY: Agricultural Marketing Service, (2) Address agricultural marketing USDA. 25th Street, Ogden, UT 84401, phone issues and concerns of particular (801) 625–5274. ACTION: Notice inviting applications for importance to relatively small, limited- Fiscal Year 1998 Grant Funds under the resource farms and rural enterprises; SUPPLEMENTARY INFORMATION: The Federal-State Marketing Improvement and, administrative appeal procedures 36 Program. (3) Encourage the development of CFR parts 215 and 217, of the Forest marketing practices and technologies Service require publication of legal SUMMARY: Notice is hereby given that aimed at improving the quality of notice in a newspaper of general the Federal-State Marketing agricultural products or the circulation of all decisions subject to Improvement Program (FSMIP) was sustainability of natural resources and appeal. This newspaper publication of allocated $1,200,000 in the Federal the environment. notices of decisions is in addition to budget for fiscal year 1998. Funds Proposals addressing other marketing direct notice to those who have remain available for this program. States objectives or issues also will receive requested notice in writing and to those interested in obtaining funds under the consideration. known to be interested and affected by program are invited to submit proposals. FSMIP is listed in the ‘‘Catalog of a specific decision. While only State Departments of Federal Domestic Assistance’’ under The legal notice is to identify: The Agriculture or other appropriate State number 10.156 and subject Agencies decision by title and subject matter; the Agencies are eligible to apply for funds, must adhere to Title VI of the Civil date of the decision; the name and title State Agencies are encouraged to Rights Act of 1964, which bars of the official making the decision; and involve industry organizations in the discrimination in all Federally assisted how to obtain copies of the decision. In development of proposals and the programs. addition, the notice is to state the date conduct of projects. the appeal period begins which is the Authority: 7 U.S.C. 1621–1627. DATES: Applications will be accepted day following publication of the notice. Dated: December 18, 1997. through June 19, 1998. The timeframe for appeal shall be Eileen S. Stommes, based on the date of publication of the ADDRESSES: Proposals may be sent to Dr. Deputy Administrator, Transportation and notice in the first (principal) newspaper Larry V. Summers, FSMIP, Staff Officer, Marketing. Transportation and Marketing, listed for each unit. [FR Doc. 97–33591 Filed 12–23–97; 8:45 am] The newspapers to be used are as Agricultural Marketing Service (AMS), BILLING CODE 3410±02±U follows: U.S. Department of Agriculture, Room 4006 South Building, P.O. Box 96456, Regional Forester, Intermountain Washington, D.C. 20090–6456. DEPARTMENT OF AGRICULTURE Region FOR FURTHER INFORMATION CONTACT: Dr. For decisions made by the Regional Larry V. Summers, 202) 720–2704. Forest Service Forester affecting National Forests in SUPPLEMENTARY INFORMATION: FSMIP is Idaho: authorized under Section 204(b) of the Newspapers Used for Publication of Legal Notice of Appealable Decisions The Idaho Statesman, Boise, Idaho Agricultural Marketing Act of 1946 (7 For decisions made by the Regional U.S.C. 1621 et seq.). The program is a for Intermountain Region, Utah, Idaho, Nevada, and Wyoming Forester affecting National Forests in matching fund program designed to Nevada: assist State Departments of Agriculture AGENCY: Forest Service, USDA. The Reno Gazette-Journal, Reno, or other appropriate State Agencies in ACTION: Notice. Nevada conducting studies or developing innovative approaches related to the SUMMARY: This notice lists the For decisions made by the Regional marketing of agricultural products. newspapers that will be used by all Forester affecting National Forests in Other organizations interested in ranger districts, forests, and the Wyoming: participating in this program should Regional Office of the Intermoutain Casper Star-Tribube, Casper, Wyoming contact their State Department of Region to publish legal notice of all For decisions made by the Regional Agriculture’s Marketing Division to decisions subject to appeal under 36 Forester affecting National Forests in discuss their proposal. CFR parts 215 and 217. The intended Utah: 67328 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Standard-Examiner, Ogden, Utah Idaho State Journal, Pocatello, Idaho Ely District Ranger decisions: If the decision made by the Regional Montpelier District The President. Ely Daily Times, Ely, Nevada Forester affects all National Forests in Ranger decisions: Northeast Nevada Ecosystem the Intermountain Region, it will appear Idaho State Journal, Pocatello, Idaho (NNECO): in: Malad District Ranger decisions: Mountain City District Ranger Standard-Examiner, Ogden, Utah Idaho State Journal, Pocatello, Idaho decisions: Elko Daily Free Press, Elko, Nevada Ashley National Forest Pocatello District Ranger decisions: Ruby Mountains District Ranger Ashley Forest Supervisors decisions: Idaho State Journal, Pocatello, Idaho decisions: Vernal Express, Vernal, Utah Dixie National Forest Elko Daily Free Press, Elko, Nevada Vernal District Ranger decisions: Dixie Forest Supervisor decisions: Jarbidge District Ranger decisions: Vernal Express, Vernal, Utah The Daily Spectrum, St. George, Utah Elko Daily Free Press, Elko, Nevada Flaming Gorge District Ranger for Pine Valley District Ranger decisions: Santa Rosa District Ranger decisions: decisions affecting Wyoming: The Daily Spectrum, St. George, Utah Humboldt Sun, Winnemucca, Nevada Casper Star Tribune, Casper, Wyoming Cedar City District Ranger decisions: Flaming Gorge District Ranger for Manti-Lasal National Forest decisions affecting Utah: The Daily Spectrum, St. George, Utah Manti-Lasal Supervisor decisions: Vernal Express, Vernal, Utah Powell District Ranger decisions: Sun Advocate, Price, Utah Roosevelt and Duchesne District The Daily Spectrum, St. George, Utah Sanpete District Ranger decisions: Ranger decisions: Escalante District Ranger decisions: The Pyramid, Mt. Pleasant, Utah Uintah Basin Standard, Roosevelt, Utah The Daily Spectrum, St. George, Utah Ferron District Ranger decisions: Teasdale District Ranger decisions: Boise National Forest Emery County Progress, Castle Dale, The Daily Spectrum, St. George, Utah Utah Boise Forest Supervisor decisions: Price District Ranger decisions: The Idaho Statesman, Boise, Idaho Fishlake National Forest Sun Advocate, Price, Utah Mountain Home District Ranger Fishlake Forest Supervisor decisions: decisions: Richfield Reaper, Richfield, Utah Moab District Ranger decisions: The Idaho Stateman, Boise, Idaho Loa District Ranger decisions: The Times Independent, Moab, Utah Boise District Ranger decisions: Richfield Reaper, Richfield, Utah Monticello District Ranger decisions: The Idaho Statement, Boise, Idaho Richfield District Ranger decisions: The San Juan Record, Monticello, Utah Idaho City District Ranger decisions: Richfield Reaper, Richfield, Utah Payette National Forest The Idaho Statesman, Boise, Idaho Beaver District Ranger decisions: Payette Forest Supervisor decisions: Cascade District Ranger decisions: Richfield Reaper, Beaver, Utah Idaho Statesman, Boise, Idaho The Advocate, Cascade, Idaho Fillmore District Ranger decisions: Weiser District Ranger decisions: Lowman District Ranger decisions: Richfield Reaper, Fillmore, Utah Signal American, Weiser, Idaho The Idaho City World, Idaho City, Idaho Humboldt-Toiyabe National Forests Council District Ranger decisions: Emmett District Ranger decisions: Council Record, Council, Idaho Humboldt Forest Supervisor The Messenger-Index, Emmett, Idaho New Meadows, McCall, and Krassel decisions: District Ranger decisions: Bridger-Teton National Forest Elko Daily Free Press, Elko, Nevada Star News, McCall, Idaho Bridger-Teton Forest Supervisor Toiyabe Forest Supervisor decisions: decisions: Reno Gazette-Journal, Reno, Nevada Salmon and Challis National Forests Casper Star-Tribune, Casper, Wyoming Sierra Ecosystem Coordination Center Salmon Forest Supervisor decisions: Jackson District Ranger decisions: (SECO): The Recorder-Herald, Salmon, Idaho Casper Star-Tribune, Casper, Wyoming Carson District Ranger decisions: Cobalt District Ranger decisions: Buffalo District Ranger decisions: Reno Gazette-Journal, Reno, Nevada The Recorder-Herald, Salmon, Idaho Casper Star-Tribune, Jackson, Wyoming Bridgeport District Ranger decisions: North Fork District Ranger decisions: Big Piney District Ranger decisions: The Review-Herald, Mammoth Lakes, The Recorder-Herald, Salmon, Idaho Casper Star-Tribune, Jackson, Wyoming California Leadore District Ranger decisions: Pinedale District Ranger decisions: Spring Mountains National Recreation The Recorder-Herald, Salmon, Idaho Area Ecosystem (SMNRAE): Salmon District Ranger decisions: Casper Star-Tribune, Casper, Wyoming Spring Mountain National Greys River District Ranger decisions: Recreational Area District Ranger The Recorder-Herald, Salmon, Idaho Casper Star-Tribune, Casper, Wyoming decisions; Challis Forest Supervisor decisions: Kemmerer District Ranger decisions: Las Vegas Review Journal, Las Vegas, The Challis Messenger, Challis, Idaho Casper Star-Tribune, Casper, Wyoming Nevada Middle Fork District Ranger Central Nevada Ecosystem (CNECO): decisions: Caribou National Forest Austin District Ranger decisions: The Challis Messenger, Challis, Idaho Caribou Forest Supervisor decisions: Reno Gazette-Journal, Reno, Nevada Challis District Ranger decisions: Idaho State Journal, Pocatello, Idaho Tonopah District Ranger decisions: The Challis Messenger, Challis, Idaho Soda Springs District Ranger Tonopah Times Bonaanza-Goldfield Yankee Fork District Ranger decisions: News, Tonopah, Nevada decisions: Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67329

The Challis Messenger, Challis, Idaho Mountain View District Ranger Rural Development State Offices Lost River District Ranger decisions: decisions: Note: Telephone numbers listed are The Challis Messenger, Challis, Idaho Uintah County Herald, Evanston, not toll-free. Wyoming Sawtooth National Forest Alabama State Office, Sterling Center Ogden District Ranger decisions: Office Building, 4121 Carmichael Sawtooth Forest Supervisor decisions: Ogden Standard Examiner, Ogden, Utah Road, Suite 601, Montgomery, AL The Times News, Twin Falls, Idaho Logan District Ranger decisions: 36106–3683, (334) 279–3455 Burley District Ranger decisions: Logan Herald Journal, Logan, Utah Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645, (907) Ogden Standard Examiner, Ogden, Dated: December 11, 1997. 745–2176 Utah, for those decisions on the Jack G. Troyer, Arizona State Office, Phoenix Corporate Burley District involving the Raft Deputy Regional Forester. Center, 3003 N. Central Ave., Suite River Unit [FR Doc. 97–33594 Filed 12–23–97; 8:45 am] 900, Phoenix, AZ 85012–2906, (602) South Idaho Press, Burley, Idaho, for BILLING CODE 3410±11±M 280–8755 decisions issued on the Idaho Arkansas State Office, 700 W. Capitol portions of the Burley District Ave., Rm. 5411, Little Rock, AR Twin Falls District Ranger decisions: DEPARTMENT OF AGRICULTURE 72201–3225, (501) 324–6701 The Times News, Twin Falls, Idaho California State Office, 194 West Main Rural Housing Service Ketchum District Ranger decisions: Street, Suite F, Woodland, CA 95695– 2915, (916) 668–2090 Wood River Journal, Hailey, Idaho Housing Preservation Grants Colorado State Office, 655 Parfet Street, Sawtooth National Recreation Area: AGENCY: Rural Housing Service (RHS), Room E100, Lakewood, CO 80215, Challis Messenger, Challis, Idaho USDA. (303) 236–2801 (ext. 122) Fairfield District Ranger decisions: ACTION: Notice. Connecticut (Served by Massachusetts The Times News, Twin Falls, Idaho State Office) SUMMARY: The Rural Housing Service Delaware/Maryland State Office, 5201 Targhee National Forest (RHS) announces that it is soliciting South Dupont Highway, PO Box 400, Targhee Forest Supervisor decisions: competitive applications under its Camden, DE 19934–9998, (302) 697– Housing Preservation Grant (HPG) 4314 The Post Register, Idaho Falls, Idaho program. The HPG program is a grant Florida State Office, 4440 N.W. 25th Dubois District Ranger decisions: program which provides qualified Place, PO Box 147010, Gainesville, FL The Post Register, Idaho Falls, Idaho public agencies, private nonprofit 32614–7010, (352) 338–3465 Island Park District Ranger decisions: organizations and other eligible entities Georgia State Office, Stephens Federal Building, 355 E. Hancock Avenue, The Post Register, Idaho Falls, Idaho grant funds to assist very low- and low- income homeowners repair and Athens, GA 30601–2768, (706) 546– Ashton District Ranger decisions: rehabilitate their homes in rural areas, 2164 The Post Register, Idaho Falls, Idaho and to assist rental property owners and Guam (Served by Hawaii State Office) Palisades District Ranger decisions: cooperative housing complexes to repair Hawaii State Office, Room 311, Federal The Post Register, Idaho Falls, Idaho and rehabilitate their units if they agree Building 154, Waianuenue Avenue, Hilo, HI 96720, (808) 933–3005 Teton Basin District Ranger decisions: to make such units available to low- and very low-income persons. This action is Idaho State Office, 3232 Elder Street, The Post Register, Idaho Falls, Idaho taken to comply with Agency Boise, ID 83705, (208) 378–5627 Uinta National Forest regulations found in 7 CFR part 1944, Illinois State Office, Illini Plaza, Suite subpart N, which requires the Agency to 103, 1817 South Neil Street, Uinta Forest Supervisor decisions: announce the opening and closing dates Champaign, IL 61820, (217) 398–5412 The Daily Herald, Provo, Utah for receipt of preapplications for HPG (ext. 256) Pleasant Grove District Ranger funds from eligible applicants. The Indiana State Office, 5975 Lakeside decisions: intended effect of this Notice is to Boulevard, Indianapolis, IN 46278, (317) 290–3115 The Daily Herald, Provo, Utah provide eligible organizations notice of these dates. Iowa State Office, 873 Federal Building, Heber District Ranger decisions: 210 Walnut Street, Des Moines, IA DATES: RHS hereby announces that it The Daily Herald, Provo, Utah, and 50309, (515) 284–4493 Wasatch Wave, Heber City, Utah will begin receiving preapplications on Kansas State Office, 1200 SW Executive December 24, 1997. The closing date for Drive, PO Box 4653, Topeka, KS Spanish Fork Ranger decisions: acceptance by RHS of preapplications is The Daily Herald, Provo, Utah 66604, (913) 271–2720 March 24, 1998. This period will be the Kentucky State Office, 771 Corporate Wasatch-Cache National Forest only time during the current fiscal year Drive, Suite 200, Lexington, KY that RHS accepts preapplications. 40503, (606) 224–7325 Wasatch-Cache Forest Supervisor Preapplications must be received by or decisions: Louisiana State Office, 3727 postmarked on or before the closing Government Street, Alexandria, LA Salt Lake Tribune, Salt Lake City, Utah date. 71302, (318) 473–7950 Salt Lake District Ranger decisions: ADDRESSES: Submit preapplications to Maine State Office, 444 Stillwater Ave., Salt Lake Tribune, Salt Lake City, Utah Rural Development servicing offices for Suite 2, PO Box 405, Bangor, ME Kamas District Ranger decisions: the HPG program; applicants must 04402–0405, (207) 990–9110 contact their Rural Development State Maryland (Served by Delaware State Salt Lake Tribune, Salt Lake City, Utah Office for this information. A listing of Office) Evanston District Ranger decisions: Rural Development State Offices, their Massachusetts State Office, 451 West Uintah County Herald, Evanston, addresses, and telephone numbers Street, Amherst, MA 01002, (413) Wyoming follows: 253–4327 67330 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Michigan State Office, 3001 Coolidge Tennessee State Office, Suite 300, 3322 The funding instrument for the HPG Road, Suite 200, East Lansing, MI West End Avenue, Nashville, TN program will be a grant agreement. The 48823, (515) 337–6635 (ext. 1608) 37203–1071, (615) 783–1375. term of the grant can vary from 1 to 2 Minnesota State Office, 410 AgriBank Texas State Office, Federal Building, years, depending on available funds and Building, 375 Jackson Street, St. Paul, Suite 102, 101 South Main, Temple, demand. No maximum or minimum MN 55101–1853, (612) 290–3912 TX 76501, (817) 774–1305. grant levels have been established; Mississippi State Office, Federal Utah State Office, Wallace F. Bennett although, based on fiscal year (FY) 1998 Building, Suite 831, 100 W. Capitol Federal Building, 125 S. State Street, funding availability, the Agency Street, Jackson, MS 39269, (601) 965– Room 5438, Salt Lake City, UT 84138, anticipates that the average grant will be 4325 (801) 524–3242. $75,000 for a 1-year proposal. For FY Missouri State Office, 601 Business Vermont State Office, City Center, 3rd 98, $10,820,000 is available and has Loop, 70 West, Parkade Center, Suite Floor, 89 Main Street, Montpelier, VT been distributed under a formula 235, Columbia, MO 65203, (573) 876– 05602, (802) 828–6020. allocation to States pursuant to 7 CFR 0990 Virgin Islands (Served by Vermont State part 1940, subpart L, ‘‘Methodology and Montana State Office, Unit 1, Suite B, Office) Formulas for Allocation of Loan and 900 Technology Blvd., Bozeman, MT, Virginia State Office, Culpeper Building, Grant Program Funds.’’ Decisions on 59715, (406) 585–2515 Suite 238, 1606 Santa Rosa Road, funding will be based on the Nebraska State Office, Federal Building, Richmond, VA 23229, (804) 287– preapplications, and notices of action room 308, 100 Centennial Mall N, 1582. on the preapplications should be made Lincoln, NE 68508, (402) 437–5557. Washington State Office, 1835 Black no earlier than 66 days prior to the Nevada State Office, 1390 South Curry Lake Blvd. SW., Suite B, Olympia, closing date. Street, Carson City, NV 89703–5405, WA 98512–5717, (360) 704–7707. December 15, 1997. (702) 887–1222. Western Pacific Territories (Served by Jan E. Shadburn, New Hampshire (Served by Vermont Hawaii State Office) Administrator, Rural Housing Service. State Office) West Virginia State Office, Federal [FR Doc. 97–33501 Filed 12–23–97; 8:45 am] New Jersey State Office, Tarnsfield Building, 75 High Street, Room 320, Plaza, Suite 22, 790 Woodland Road, Morgantown, WV 26505–7500, (304) BILLING CODE 3410±XV±U Mt. Holly, NJ 08060, (609) 265–3630. 291–4793. New Mexico State Office, 6200 Jefferson Wisconsin State Office, 4949 Kirschiling DEPARTMENT OF AGRICULTURE St., NE, Room 255, Albuquerque, NM Court, Stevens Point, WI 54481, (715) 87109, (505) 761–4944. 345–7620. Rural Utilities Service New York State Office, The Galleries of Wyoming State Office, 100 East B, Syracuse, 441 S. Salina Street, Suite Federal Building, Room 1005, PO Box Interest Rate for FY 1998 RUS Cost-of- 357, Syracuse, NY 13202, (315) 477– 820, Casper, WY 82602, (307) 261– Money Loans and Maximum Amount of 6419. 6315. an RUS Cost-of-Money or Rural North Carolina State Office, 4405 Bland FOR FURTHER INFORMATION CONTACT: Sue Telephone Bank Loan for FY 1998 Road, Suite 260, Raleigh, NC 27609, M. Harris-Green, Senior Loan Officer, (919) 873–2062. AGENCY: Rural Utilities Service, USDA. Multi-Family Housing Processing North Dakota State Office, Federal ACTION: Notice. Division, RHS, USDA, Stop 0781, Room Building, Room 208, 220 East Rosser, 5337, 1400 Independence Avenue, SW., SUMMARY: The Rural Utilities Service PO Box 1737, Bismarck, ND 58502, Washington, DC 20250, telephone (202) (RUS) announces that interest rates on (701) 250–4771. 720–1606. (This is not a toll free cost-of-money loans approved during Ohio State Office, Federal Building, number.) fiscal year (FY) 1998 may exceed the 7 Room 507, 200 North High Street, percent per year statutory limit, and also Columbus, OH 43215–2477, (614) SUPPLEMENTARY INFORMATION: 7 CFR part announces the maximum loan amount 469–5165. 1944, subpart N provides details on that may be made available to a single Oklahoma State Office, 100 USDA, Suite what information must be contained in borrower in FY 1998. 108, Stillwater, OK 74074–2654, (405) the preapplication packages. Entities 742–1070. wishing to apply for assistance should FOR FURTHER INFORMATION CONTACT: Ken Oregon State Office 101 SW Main, Suite contact the Rural Development State B. Chandler, Acting Assistant 1410, Portland, OR 97204–2333, (503) Office to receive further information and Administrator-Telecommunications 414–3350. copies of the preapplication package. Program, Rural Utilities Service, STOP Pennsylvania State Office, One Credit Eligible entities for these competitively 1590, Room 4056, South Building, 1400 Union Place, Suite 330, Harrisburg, awarded grants include State and local Independence Avenue, SW., PA 17110–2996, (717) 782–4574. governments, nonprofit corporations, Washington, DC 20250–1590. Puerto Rico State Office, New San Juan Federally recognized Indian Tribes, and Telephone (202) 720–9554, Facsimile Office Bldg., Room 501, 159 Carlos E. consortia of eligible entities. (202) 720–0810. Chardon Street, Hato Rey, PR 00918– This program is listed in the Catalog SUPPLEMENTARY INFORMATION: Notice is 5481, (809) 766–5095 Ext. 256. of Federal Domestic Assistance under hereby given that under Title III of the Rhode Island (Served by Massachusetts No. 10.433, Rural Housing Preservation Agriculture, Rural Development, Food State Office) Grants. This program is subject to the and Drug Administration, and Related South Carolina State Office, Strom provisions of Executive Order 12372 Agencies Appropriations Act of 1998 Thurmond Federal Building, 1835 which requires intergovernmental (Appropriations Act of 1998) (Pub. L. Assembly Street, Room 1007, consultation with State and local 105–86, November 18, 1997), the Columbia, SC 29201, (803) 765–5690. officials (7 CFR part 3015, subpart V). interest rate for RUS cost-of-money South Dakota State Office, Federal Applicants are referred to 7 CFR loans approved during FY 1998 may Building, Room 308, 200 Fourth §§ 1944.674 and 1944.676 (d) and (e) for exceed the 7 percent per year ceiling Street, SW, Huron, SD 57350, (605) specific guidance on these requirements established by Pub. L. 103–129 (see 7 352–1132. relative to the HPG program. CFR 1735.31(c)(1)). The Appropriations Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67331

Act of 1998 removes the 7 percent DEPARTMENT OF AGRICULTURE program will help develop a nationally interest rate ceiling for loans made integrated public network accessible to during FY 1998 only (October 1, 1997 to Rural Utilities Service rural as well as urban areas. This Notice September 30, 1998). announces the applications receiving Distance Learning and Telemedicine Further, in accordance with 7 CFR financial assistance in response to the Loan and Grant Program June 13, 1997, solicitation (7 CFR 1610.6(d) and 1735.31(d), RUS has 1703.113). determined the maximum amount of an AGENCY: Rural Utilities Service, USDA. FOR FURTHER INFORMATION CONTACT: application for an RUS cost-of-money or ACTION: FY 1997 DLT applications Rural Telephone Bank loan that will be receiving financial assistance. Jonathan Claffey, Acting Director, considered for funding during FY 1998 Advanced Telecommunications Services Staff, Rural Utilities Service, as $30,000,000 and $17,500,000, SUMMARY: On June 13, 1997, in the Telephone: (202) 720–0530. Fax: (202) respectively. Federal Register (62 FR 32434) the Rural Utilities Service (RUS) announced 720–2734. Dated: December 16, 1997. availability of fiscal year 1997 funds for SUPPLEMENTARY INFORMATION: A total of Wally Beyer, the Distance Learning and Telemedicine 50 applications from 26 states will Administrator, Rural Utilities Service. (DLT) Loan and Grant Program to receive financial assistance for distance [FR Doc. 97–33566 Filed 12–23–97; 8:45 am] promote modern telecommunication learning and telemedicine projects. The BILLING CODE 3410±15±P interconnectivity to educational and total financial assistance provided by medical facilities in rural areas. By the DLT program for these projects in providing matching grants and loans for fiscal year 1997 is $10.2 million in information infrastructure projects, this grants and loans.

DISTANCE LEARNING AND TELEMEDICINE PROGRAMÐ1997 RECIPIENTS

State Type* Project name

100% Grant

AK M Bristol Bay Area Health Corporation. AZ E Tohono O'odham Nation. CA E School of Public Health, UCLA. CA E Visible Light, Inc. d/b/a Rain Network. HI M Kauai Veterans Memorial Hospital. KS M Horton Health Foundation. LA M Tri-Ward General Hospital. LA M Lower Cameron Hospital Service District. LA E Northwestern State University of Louisiana. LA E South Central Planning and Development Commission. MN E Board of Regents of the U. & C.C. of Minnesota. MO M Boone Hospital Center. MS M Delta Rural Health Network of Mississippi. MS E Mid-Mississippi Delta Consortium. NC E North Carolina Technological Development Authority. NC E University of North Carolina at Wilmington. NM E Northern New Mexico Community College. NY E Cattaragus-Allegany-Erie-Wyoming BOCES. OK M Choctaw Nation Indian Hospital. OK M Holdenville General Hospital. OK E Kiamichi Valley Distance Learning. OR E Kalamath Community Development Corporation. SD M Fund for the Advancement of Med. Education & Research. TX E Austwell-Tivoli Independent School District. TX M Chaparral Health Clinic. TX E Fort Hancock Independent School District. TX E Morton Independent School District. TX E Panola College. TX E Southwest Texas Junior College.

Combination Grant/Loan

CA E State Center Community College District. IL M Mason Hospital District. IN M The Midwest Center for Rural Health (MCRH). KY M Appalachian Regional Healthcare, Inc. KY M Murray-Calloway County Hospital. LA E Ascension Parish Library. MI E Cheboygan Area Schools. MI M Scheurer Hospital. MN M First Care Medical Services. NC E Mountain Area Health Education Foundation, Inc. NC E Piedmont Community College. NE M Bergan Mercy Foundation. NM E Des Moines Municipal School. NV E Nye County School District. 67332 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

DISTANCE LEARNING AND TELEMEDICINE PROGRAMÐ1997 RECIPIENTSÐContinued

State Type* Project name

OK E Burlington Public School. PA E Line Mountain School District. TN M The University of Tennessee, Memphis.** WA E Grays Harbor College. WA M Lincoln County Public Hospital District #3. WV M Prestera Center for Mental Health Services, Inc. WV M Princeton Community Hospital Association. * E±Educational, MÐMedical. ** Non-Federal funding for loan portionÐloan amount not included in totals.

Authority: 7 U.S.C. 901 et seq. and 950aaa 1:30 a.m.–2:30 p.m. Executive interpreters and an assistive listening et seq.; Pub. L. 103–354, 108 Stat 3178 (7 Committee. system are available at all meetings. U.S.C. 6941 et seq.). 2:45 p.m.–4:00 p.m. Board Meeting. Lawrence W. Roffee, Dated: December 16, 1997. Executive Director. Wally Beyer, ADDRESSES: The meetings will be held at: Grand Hyatt Washington, 1000 H [FR Doc. 97–33624 Filed 12–23–97; 8:45 am] Administrator, Rural Utilities Service. Street, N.W., Washington, D.C. BILLING CODE 8150±01±P [FR Doc. 97–33567 Filed 12–23–97; 8:45 am] BILLING CODE 3410±15±P FOR FURTHER INFORMATION CONTACT: For further information regarding the meetings, please contact Lawrence W. ASSASSINATION RECORDS REVIEW Roffee, Executive Director, (202) 272– BOARD ARCHITECTURAL AND 5434 ext. 14 (voice) and (202) 272–5449 TRANSPORTATION BARRIERS (TTY). Formal Determinations, and Additional COMPLIANCE BOARD SUPPLEMENTARY INFORMATION: At the Releases Board meeting, the Access Board will Access Board Meeting AGENCY: consider the following agenda items. Assassination Records Review AGENCY: Architectural and Specific voting items are noted next to Board. Transportation Barriers Compliance each committee report. ACTION: Notice. Board. Open Meeting ACTION: Notice of meeting. SUMMARY: The Assassination Records • Executive Director’s Report. Review Board (Review Board) met in a SUMMARY: The Architectural and • Approval of the Minutes of the closed meeting on December 15, 1997, Transportation Barriers Compliance September 10, 1997 Board Meeting. and made formal determinations on the Board (Access Board) has scheduled its release of records under the President • Planning and Budget Committee regular business meetings to take place John F. Kennedy Assassination Records Report—Fiscal Year 1998 Spending in Washington, D.C. on Monday, Collection Act of 1992 (JFK Act). By Plan, Fiscal Year 1999 Budget Status, Tuesday, and Wednesday, January 12– issuing this notice, the Review Board and Agency Goals—Progress Report. 14, 1998 at the times and location noted complies with the section of the JFK Act • below. Technical Programs Committee that requires the Review Board to DATES: The schedule of events is as Report—Status Reports on Fiscal Years publish the results of its decisions on a follows: 1996 and 1997 Research Projects, Report document-by-document basis in the on the Review of Anthropometrics Federal Register within 14 days of the Monday, January 12, 1998 Research Project, and Status of date of the decision. Technical Assistance Materials. 9:00 a.m.–Noon and 1:30–3:30 p.m. FOR FURTHER INFORMATION CONTACT: • Executive Committee Report— Committee of the Whole—ABA Kevin G. Tiernan, Assassination Committee and Board Calendars, Guidelines (Closed Meeting). Records Review Board, Second Floor, Nominating Committee Charter, Public 3:45 p.m.–5:30 p.m. Committee of the Washington, D.C. 20530, (202) 724– Hearing on Play Areas NPRM, and Whole—ADAAG Revision NPRM 0088, fax (202) 724–0457. (Closed Meeting). Annual Public Event. SUPPLEMENTARY INFORMATION: This Tuesday, January 13, 1998 Closed Meeting notice complies with the requirements 9:00 a.m.–Noon. Committee of the • Committee of the Whole Report— of the President John F. Kennedy Whole—Recreation Guidelines NPRM ABA Guidelines. Assassination Records Collection Act of (Closed Meeting). • Committee of the Whole Report— 1992, 44 U.S.C. § 2107.9(c)(4)(A) (1992). 1:30 p.m.–3:00 p.m. Planning and ADAAG Revision NPRM. On December 15, 1997, the Review Board made formal determinations on Budget Committee. • Committee of the Whole Report— records it reviewed under the JFK Act. 3:15 p.m.–5:00 p.m. Technical Programs Recreation Guidelines NPRM. Committee. • These determinations are listed below. Committee of the Whole Report— The assassination records are identified Wednesday, January 14, 1998 Detectable Warnings NPRM (voting). by the record identification number 9:00 a.m.–Noon. Committee of the • Committee of the Whole Report— assigned in the President John F. Whole—Detectable Warnings NPRM Over-the-Road Buses NPRM. Kennedy Assassination Records and Over-the-Road Buses NPRM All meetings are accessible to persons Collection database maintained by the (Closed Meeting). with disabilities. Sign language National Archives. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67333

Notice of Formal Determinations 124–10196–10423; 1; 10/2017 124–10202–10150; 1; 10/2017 124–10196–10424; 3; 10/2017 124–10202–10152; 13; 10/2017 For each document, the number of 124–10196–10425; 1; 10/2017 124–10202–10157; 1; 10/2017 postponements sustained immediately 124–10196–10430; 17; 10/2017 124–10202–10161; 1; 10/2017 follows the record identification 124–10196–10432; 7; 10/2017 124–10202–10162; 2; 10/2017 number, followed, where appropriate, 124–10196–10435; 12; 10/2017 124–10202–10164; 5; 10/2017 by the date the document is scheduled 124–10196–10439; 19; 10/2017 124–10202–10168; 1; 10/2017 to be released or re-reviewed. 124–10196–10441; 10; 10/2017 124–10202–10169; 6; 10/2017 124–10196–10444; 1; 10/2017 124–10202–10170; 1; 10/2017 FBI Documents: Postponed in Part 124–10196–10447; 2; 10/2017 124–10202–10176; 3; 10/2017 124–10194–10222; 3; 10/2017 124–10196–10449; 1; 10/2017 124–10202–10205; 1; 10/2017 124–10194–10235; 2; 10/2017 124–10196–10450; 5; 10/2017 124–10202–10226; 1; 10/2017 124–10194–10238; 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1; 10/2017 124–10200–10014; 1; 10/2017 124–10203–10471; 8; 10/2017 124–10195–10048; 1; 10/2017 124–10200–10021; 1; 10/2017 124–10203–10472; 6; 10/2017 124–10195–10057; 1; 10/2017 124–10200–10034; 1; 10/2017 124–10203–10473; 10; 10/2017 124–10195–10060; 1; 10/2017 124–10200–10035; 1; 10/2017 124–10203–10474; 12; 10/2017 124–10195–10067; 1; 10/2017 124–10200–10037; 1; 10/2017 124–10203–10475; 13; 10/2017 124–10195–10070; 1; 10/2017 124–10200–10040; 13; 10/2017 124–10203–10476; 3; 10/2017 124–10195–10072; 1; 10/2017 124–10200–10042; 1; 10/2017 124–10203–10477; 9; 10/2017 124–10195–10077; 1; 10/2017 124–10200–10043; 1; 10/2017 124–10203–10478; 3; 10/2017 124–10195–10078; 1; 10/2017 124–10200–10048; 2; 10/2017 124–10203–10480; 5; 10/2017 124–10195–10079; 1; 10/2017 124–10200–10049; 1; 10/2017 124–10203–10482; 1; 10/2017 124–10195–10092; 1; 10/2017 124–10200–10050; 3; 10/2017 124–10203–10484; 2; 10/2017 124–10195–10095; 1; 10/2017 124–10200–10052; 1; 10/2017 124–10203–10485; 1; 10/2017 124–10195–10096; 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4; 10/2017 124–10202–10142; 3; 10/2017 124–10204–10123; 1; 10/2017 124–10196–10416; 1; 10/2017 124–10202–10143; 2; 10/2017 124–10204–10129; 1; 10/2017 124–10196–10418; 9; 10/2017 124–10202–10148; 3; 10/2017 124–10204–10166; 26; 10/2017 124–10196–10421; 1; 10/2017 124–10202–10149; 1; 10/2017 124–10204–10170; 25; 10/2017 67334 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

124–10204–10175; 1; 10/2017 124–10206–10392; 2; 10/2017 124–10209–10324; 1; 10/2017 124–10204–10177; 8; 10/2017 124–10206–10394; 3; 10/2017 124–10209–10325; 1; 10/2017 124–10204–10179; 1; 10/2017 124–10206–10395; 2; 10/2017 124–10209–10326; 1; 10/2017 124–10204–10182; 11; 10/2017 124–10206–10396; 1; 10/2017 124–10209–10327; 1; 10/2017 124–10204–10183; 19; 10/2017 124–10207–10261; 7; 10/2017 124–10209–10328; 1; 10/2017 124–10204–10184; 29; 10/2017 124–10207–10267; 12; 10/2017 124–10209–10329; 2; 10/2017 124–10204–10186; 11; 10/2017 124–10207–10277; 3; 10/2017 124–10209–10330; 5; 10/2017 124–10204–10187; 12; 10/2017 124–10207–10280; 8; 10/2017 124–10209–10333; 1; 10/2017 124–10204–10189; 11; 10/2017 124–10207–10284; 1; 10/2017 124–10209–10334; 3; 10/2017 124–10204–10191; 12; 10/2017 124–10207–10288; 5; 10/2017 124–10209–10335; 1; 10/2017 124–10204–10193; 18; 10/2017 124–10207–10290; 6; 10/2017 124–10209–10336; 3; 10/2017 124–10204–10195; 1; 10/2017 124–10207–10297; 1; 10/2017 124–10209–10337; 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4; 10/2017 124–10205–10447; 3; 10/2017 124–10209–10087; 3; 10/2017 124–10210–10386; 1; 10/2017 124–10206–10004; 1; 10/2017 124–10209–10090; 2; 10/2017 124–10210–10389; 3; 10/2017 124–10206–10009; 7; 10/2017 124–10209–10100; 1; 10/2017 124–10210–10390; 77; 10/2017 124–10206–10016; 1; 10/2017 124–10209–10104; 1; 10/2017 124–10210–10391; 3; 10/2017 124–10206–10023; 1; 10/2017 124–10209–10136; 7; 10/2017 124–10210–10392; 3; 10/2017 124–10206–10027; 1; 10/2017 124–10209–10138; 2; 10/2017 124–10210–10393; 3; 10/2017 124–10206–10033; 2; 10/2017 124–10209–10147; 1; 10/2017 124–10210–10394; 4; 10/2017 124–10206–10035; 1; 10/2017 124–10209–10149; 1; 10/2017 124–10210–10395; 13; 10/2017 124–10206–10037; 1; 10/2017 124–10209–10151; 1; 10/2017 124–10210–10396; 3; 10/2017 124–10206–10041; 1; 10/2017 124–10209–10152; 5; 10/2017 124–10210–10397; 4; 10/2017 124–10206–10042; 2; 10/2017 124–10209–10171; 1; 10/2017 124–10210–10398; 4; 10/2017 124–10206–10043; 12; 10/2017 124–10209–10189; 1; 10/2017 124–10210–10400; 4; 10/2017 124–10206–10051; 8; 10/2017 124–10209–10190; 2; 10/2017 124–10210–10401; 4; 10/2017 124–10206–10053; 1; 10/2017 124–10209–10191; 2; 10/2017 124–10210–10402; 4; 10/2017 124–10206–10058; 1; 10/2017 124–10209–10196; 1; 10/2017 124–10210–10403; 5; 10/2017 124–10206–10062; 2; 10/2017 124–10209–10204; 1; 10/2017 124–10210–10404; 4; 10/2017 124–10206–10067; 3; 10/2017 124–10209–10210; 1; 10/2017 124–10210–10405; 4; 10/2017 124–10206–10068; 1; 10/2017 124–10209–10217; 16; 10/2017 124–10210–10406; 4; 10/2017 124–10206–10077; 4; 10/2017 124–10209–10224; 2; 10/2017 124–10210–10407; 2; 10/2017 124–10206–10081; 3; 10/2017 124–10209–10229; 7; 10/2017 124–10210–10408; 7; 10/2017 124–10206–10084; 1; 10/2017 124–10209–10249; 3; 10/2017 124–10210–10409; 5; 10/2017 124–10206–10087; 1; 10/2017 124–10209–10254; 1; 10/2017 124–10210–10425; 5; 10/2017 124–10206–10092; 7; 10/2017 124–10209–10256; 1; 10/2017 124–10210–10426; 1; 10/2017 124–10206–10096; 1; 10/2017 124–10209–10258; 1; 10/2017 124–10210–10433; 28; 10/2017 124–10206–10098; 5; 10/2017 124–10209–10261; 1; 10/2017 124–10210–10435; 6; 10/2017 124–10206–10101; 2; 10/2017 124–10209–10262; 1; 10/2017 124–10210–10436; 13; 10/2017 124–10206–10102; 2; 10/2017 124–10209–10317; 1; 10/2017 124–10211–10058; 21; 10/2017 124–10206–10388; 4; 10/2017 124–10209–10322; 6; 10/2017 124–10212–10132; 4; 10/2017 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67335

124–10212–10135; 3; 10/2017 124–10225–10348; 33; 10/2017 124–10284–10051; 9; 10/2017 124–10212–10137; 8; 10/2017 124–10226–10321; 21; 10/2017 124–10284–10054; 12; 10/2017 124–10212–10139; 11; 10/2017 124–10226–10328; 1; 10/2017 124–10284–10058; 4; 10/2017 124–10212–10141; 1; 10/2017 124–10226–10336; 1; 10/2017 124–10284–10059; 2; 10/2017 124–10212–10143; 1; 10/2017 124–10226–10337; 6; 10/2017 124–10284–10061; 3; 10/2017 124–10212–10147; 6; 10/2017 124–10226–10341; 1; 10/2017 124–10284–10093; 2; 10/2017 124–10212–10148; 7; 10/2017 124–10226–10358; 1; 10/2017 124–10284–10094; 2; 10/2017 124–10212–10150; 5; 10/2017 124–10226–10360; 2; 10/2017 124–10284–10106; 5; 10/2017 124–10212–10154; 3; 10/2017 124–10226–10361; 1; 10/2017 124–10284–10108; 5; 10/2017 124–10212–10160; 6; 10/2017 124–10226–10362; 15; 10/2017 124–10284–10110; 1; 10/2017 124–10212–10162; 4; 10/2017 124–10226–10363; 2; 10/2017 124–10284–10112; 1; 10/2017 124–10213–10284; 14; 10/2017 124–10226–10366; 5; 10/2017 124–10284–10113; 3; 10/2017 124–10213–10293; 10; 10/2017 124–10226–10370; 2; 10/2017 124–10284–10114; 7; 10/2017 124–10213–10302; 12; 10/2017 124–10226–10371; 3; 10/2017 124–10284–10115; 1; 10/2017 124–10214–10210; 13; 10/2017 124–10226–10374; 2; 10/2017 124–10284–10118; 3; 10/2017 124–10214–10214; 2; 10/2017 124–10226–10379; 1; 10/2017 124–10284–10121; 13; 10/2017 124–10214–10217; 2; 10/2017 124–10226–10384; 1; 10/2017 124–10284–10124; 1; 10/2017 124–10214–10222; 1; 10/2017 124–10226–10389; 2; 10/2017 124–10284–10130; 9; 10/2017 124–10216–10342; 12; 10/2017 124–10226–10391; 2; 10/2017 124–10285–10004; 3; 10/2017 124–10216–10343; 2; 10/2017 124–10226–10392; 3; 10/2017 124–10286–10110; 3; 10/2017 124–10216–10346; 3; 10/2017 124–10226–10395; 1; 10/2017 124–10286–10118; 2; 10/2017 124–10216–10347; 5; 10/2017 124–10226–10399; 1; 10/2017 124–10287–10249; 1; 10/2017 124–10216–10353; 11; 10/2017 124–10226–10400; 1; 10/2017 124–10288–10321; 399; 10/2017 124–10216–10355; 1; 10/2017 124–10277–10007; 19; 10/2017 124–10288–10331; 7; 10/2017 124–10216–10362; 1; 10/2017 124–10277–10010; 5; 10/2017 124–10288–10351; 2; 10/2017 124–10217–10029; 4; 10/2017 124–10277–10012; 25; 10/2017 124–10288–10354; 1; 10/2017 124–10217–10036; 18; 10/2017 124–10277–10013; 27; 10/2017 124–10290–10152; 4; 10/2017 124–10219–10447; 28; 10/2017 124–10277–10015; 7; 10/2017 124–10290–10197; 2; 10/2017 124–10219–10449; 1; 10/2017 124–10277–10022; 7; 10/2017 124–10290–10198; 1; 10/2017 124–10219–10452; 12; 10/2017 124–10277–10030; 3; 10/2017 124–10290–10208; 1; 10/2017 124–10219–10454; 29; 10/2017 124–10277–10033; 10; 10/2017 124–10290–10211; 18; 10/2017 124–10219–10456; 94; 10/2017 124–10277–10038; 4; 10/2017 124–10290–10219; 2; 10/2017 124–10219–10457; 20; 10/2017 124–10277–10042; 9; 10/2017 124–10290–10223; 11; 10/2017 124–10219–10458; 21; 10/2017 124–10278–10000; 1; 10/2017 124–10290–10226; 2; 10/2017 124–10219–10459; 5; 10/2017 124–10278–10001; 22; 10/2017 124–10290–10227; 2; 10/2017 124–10219–10462; 51; 10/2017 124–10278–10004; 1; 10/2017 124–10290–10230; 8; 10/2017 124–10219–10465; 49; 10/2017 124–10278–10005; 48; 10/2017 124–10290–10234; 2; 10/2017 124–10219–10467; 2; 10/2017 124–10278–10006; 1; 10/2017 124–10290–10235; 1; 10/2017 124–10219–10474; 8; 10/2017 124–10278–10007; 1; 10/2017 124–10290–10243; 2; 10/2017 124–10219–10476; 7; 10/2017 124–10278–10010; 1; 10/2017 124–10290–10246; 11; 10/2017 124–10219–10481; 2; 10/2017 124–10278–10014; 2; 10/2017 124–10290–10250; 23; 10/2017 124–10219–10483; 10; 10/2017 124–10278–10017; 2; 10/2017 124–10290–10251; 2; 10/2017 124–10219–10492; 2; 10/2017 124–10278–10022; 6; 10/2017 124–10290–10253; 1; 10/2017 124–10220–10050; 1; 10/2017 124–10278–10024; 2; 10/2017 124–10290–10257; 2; 10/2017 124–10220–10320; 2; 10/2017 124–10278–10026; 26; 10/2017 124–10290–10262; 13; 10/2017 124–10220–10450; 1; 10/2017 124–10278–10027; 1; 10/2017 124–10290–10264; 2; 10/2017 124–10221–10048; 1; 10/2017 124–10278–10030; 2; 10/2017 124–10290–10267; 6; 10/2017 124–10221–10053; 2; 10/2017 124–10278–10035; 2; 10/2017 124–10292–10173; 2; 10/2017 124–10221–10057; 7; 10/2017 124–10278–10036; 4; 10/2017 124–10292–10177; 1; 10/2017 124–10221–10059; 2; 10/2017 124–10278–10038; 24; 10/2017 124–10292–10178; 4; 10/2017 124–10221–10060; 1; 10/2017 124–10278–10040; 20; 10/2017 124–10292–10183; 2; 10/2017 124–10221–10061; 2; 10/2017 124–10278–10041; 6; 10/2017 124–10292–10186; 1; 10/2017 124–10222–10195; 35; 10/2017 124–10278–10043; 5; 10/2017 124–10292–10187; 5; 10/2017 124–10222–10196; 27; 10/2017 124–10278–10046; 9; 10/2017 124–10292–10195; 1; 10/2017 124–10222–10206; 9; 10/2017 124–10278–10052; 3; 10/2017 124–10292–10200; 1; 10/2017 124–10222–10213; 4; 10/2017 124–10280–10166; 2; 10/2017 124–10292–10201; 1; 10/2017 124–10222–10217; 8; 10/2017 124–10283–10016; 2; 10/2017 124–10292–10210; 9; 10/2017 124–10222–10469; 5; 10/2017 124–10283–10020; 2; 10/2017 124–10292–10212; 17; 10/2017 124–10222–10471; 2; 10/2017 124–10283–10025; 1; 10/2017 124–10292–10221; 1; 10/2017 124–10222–10472; 1; 10/2017 124–10283–10041; 31; 10/2017 124–10292–10236; 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5; 10/2017 124–10225–10311; 10; 10/2017 124–10283–10298; 3; 10/2017 124–10293–10187; 1; 10/2017 124–10225–10335; 12; 10/2017 124–10283–10302; 18; 10/2017 124–10293–10191; 1; 10/2017 124–10225–10338; 1; 10/2017 124–10284–10043; 3; 10/2017 124–10293–10194; 4; 10/2017 124–10225–10343; 4; 10/2017 124–10284–10048; 2; 10/2017 124–10293–10197; 5; 10/2017 67336 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

124–10293–10206; 8; 10/2017 124–10308–10004; 1; 10/2017 104–10067–10357; 6; 10/2017 124–10293–10207; 5; 10/2017 124–10308–10008; 1; 10/2017 104–10079–10026; 3; 10/2017 124–10293–10208; 2; 10/2017 124–10308–10017; 3; 10/2017 104–10079–10040; 1; 10/2017 124–10293–10209; 1; 10/2017 124–10308–10019; 1; 10/2017 104–10079–10059; 4; 10/2017 124–10293–10210; 2; 10/2017 124–10308–10022; 1; 10/2017 104–10079–10070; 4; 10/2017 124–10293–10214; 1; 10/2017 124–10308–10024; 1; 10/2017 104–10079–10301; 2; 10/2017 124–10293–10459; 1; 10/2017 124–10308–10025; 4; 10/2017 104–10092–10086; 7; 10/2017 124–10293–10460; 2; 10/2017 124–10308–10026; 2; 10/2017 104–10095–10062; 1; 10/2017 124–10293–10468; 1; 10/2017 124–10308–10032; 2; 10/2017 104–10101–10021; 5; 10/2017 124–10293–10472; 1; 10/2017 124–10308–10035; 7; 10/2017 104–10103–10360; 42; 05/2001 124–10293–10474; 1; 10/2017 124–10308–10042; 2; 10/2017 104–10104–10269; 1; 10/2017 124–10293–10475; 5; 10/2017 124–10308–10046; 2; 10/2017 104–10105–10295; 1; 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2; 10/2017 124–10297–10209; 1; 10/2017 124–10308–10133; 4; 10/2017 104–10121–10003; 1; 10/2017 124–10297–10211; 2; 10/2017 124–10308–10136; 2; 10/2017 104–10121–10007; 2; 10/2017 124–10297–10213; 1; 10/2017 124–10308–10139; 1; 10/2017 104–10121–10009; 1; 10/2017 124–10297–10217; 4; 10/2017 124–10308–10141; 1; 10/2017 104–10121–10010; 1; 10/2017 124–10298–10170; 10; 10/2017 124–10308–10149; 1; 10/2017 104–10121–10012; 2; 10/2017 124–10298–10175; 1; 10/2017 124–10308–10150; 17; 10/2017 104–10121–10014; 1; 10/2017 124–10298–10178; 2; 10/2017 124–10308–10153; 2; 10/2017 104–10121–10021; 1; 10/2017 124–10298–10193; 1; 10/2017 124–10308–10156; 1; 10/2017 104–10121–10022; 1; 10/2017 124–10298–10195; 30; 10/2017 124–10308–10159; 1; 10/2017 104–10121–10024; 1; 10/2017 124–10298–10199; 1; 10/2017 124–10308–10162; 1; 10/2017 104–10121–10029; 1; 10/2017 124–10298–10200; 1; 10/2017 124–90021–10001; 1; 10/2017 104–10121–10040; 2; 10/2017 124–10298–10201; 1; 10/2017 124–90021–10003; 4; 10/2017 104–10121–10055; 1; 10/2017 124–10298–10202; 2; 10/2017 124–90021–10004; 9; 10/2017 104–10121–10067; 1; 10/2017 124–10298–10205; 1; 10/2017 124–90021–10006; 8; 10/2017 104–10121–10069; 1; 10/2017 124–10298–10209; 1; 10/2017 124–90021–10007; 4; 10/2017 104–10121–10072; 1; 10/2017 124–10298–10212; 1; 10/2017 124–90021–10008; 4; 10/2017 104–10121–10082; 1; 10/2017 124–10298–10213; 3; 10/2017 124–90021–10009; 21; 10/2017 104–10122–10144; 1; 10/2017 124–10298–10220; 1; 10/2017 124–90021–10010; 1; 10/2017 104–10122–10155; 1; 10/2017 124–10307–10004; 6; 10/2017 124–90021–10012; 3; 10/2017 104–10122–10187; 1; 10/2017 124–90021–10013; 4; 10/2017 124–10307–10007; 1; 10/2017 104–10122–10274; 10; 10/2017 124–90021–10014; 2; 10/2017 124–10307–10008; 3; 10/2017 104–10122–10311; 4; 10/2017 124–90021–10015; 4; 10/2017 124–10307–10017; 1; 10/2017 104–10122–10316; 1; 10/2017 124–90021–10019; 1; 10/2017 124–10307–10019; 1; 10/2017 104–10122–10317; 1; 10/2017 124–90021–10021; 17; 10/2017 124–10307–10022; 1; 10/2017 104–10122–10445; 2; 10/2017 124–90021–10023; 1; 10/2017 124–10307–10025; 4; 10/2017 104–10123–10017; 2; 10/2017 124–90021–10025; 2; 10/2017 124–10307–10026; 4; 10/2017 104–10123–10018; 5; 10/2017 124–90021–10026; 5; 10/2017 124–10307–10027; 1; 10/2017 104–10123–10019; 7; 10/2017 124–90021–10027; 2; 10/2017 124–10307–10028; 1; 10/2017 104–10123–10020; 6; 10/2017 124–90021–10028; 2; 10/2017 124–10307–10029; 1; 10/2017 124–90021–10031; 2; 10/2017 104–10123–10022; 3; 10/2017 124–10307–10030; 1; 10/2017 124–90021–10033; 8; 10/2017 104–10123–10029; 12; 10/2017 124–10307–10033; 3; 10/2017 124–90021–10034; 2; 10/2017 104–10123–10097; 2; 10/2017 124–10307–10034; 16; 10/2017 124–90021–10041; 1; 10/2017 104–10123–10098; 2; 10/2017 124–10307–10036; 1; 10/2017 124–90021–10047; 1; 10/2017 104–10123–10127; 1; 10/2017 124–10307–10037; 1; 10/2017 124–90021–10068; 1; 10/2017 104–10123–10131; 1; 10/2017 124–10307–10042; 1; 10/2017 124–90021–10069; 3; 10/2017 104–10124–10218; 2; 10/2017 124–10307–10044; 8; 10/2017 104–10124–10239; 2; 10/2017 124–10307–10045; 2; 10/2017 CIA Documents: Postponed in Part 104–10124–10243; 1; 10/2017 124–10307–10046; 1; 10/2017 104–10052–10172; 4; 10/2017 104–10124–10247; 3; 10/2017 124–10307–10047; 1; 10/2017 104–10066–10226; 3; 10/2017 104–10124–10258; 9; 10/2017 124–10308–10002; 2; 10/2017 104–10067–10237; 16; 10/2017 104–10124–10259; 1; 10/2017 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67337

104–10124–10263; 1; 10/2017 104–10128–10303; 5; 10/2017 104–10131–10021; 3; 10/2017 104–10124–10266; 3; 10/2017 104–10128–10304; 4; 10/2017 104–10131–10023; 2; 10/2017 104–10124–10267; 1; 10/2017 104–10128–10305; 14; 10/2017 104–10131–10026; 9; 10/2017 104–10124–10275; 11; 10/2017 104–10128–10315; 1; 10/2017 104–10131–10027; 1; 10/2017 104–10124–10280; 3; 10/2017 104–10128–10316; 2; 10/2017 104–10131–10031; 42; 10/2017 104–10124–10283; 1; 10/2017 104–10128–10317; 1; 10/2017 104–10131–10032; 2; 10/2017 104–10124–10284; 1; 10/2017 104–10128–10319; 1; 10/2017 104–10131–10033; 6; 10/2017 104–10124–10293; 3; 10/2017 104–10128–10320; 1; 10/2017 104–10131–10035; 41; 10/2017 104–10124–10295; 2; 10/2017 104–10128–10334; 3; 10/2017 104–10131–10037; 16; 10/2017 104–10124–10304; 1; 10/2017 104–10128–10346; 1; 10/2017 104–10131–10041; 3; 10/2017 104–10124–10324; 2; 10/2017 104–10128–10349; 1; 10/2017 104–10131–10048; 3; 10/2017 104–10124–10337; 4; 10/2017 104–10128–10350; 1; 10/2017 104–10131–10049; 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2; 10/2017 104–10128–10027; 1; 10/2017 104–10128–10382; 1; 10/2017 104–10145–10402; 1; 10/2017 104–10128–10044; 2; 10/2017 104–10128–10399; 1; 10/2017 104–10145–10418; 2; 10/2017 104–10128–10046; 1; 10/2017 104–10128–10401; 1; 10/2017 104–10146–10021; 1; 10/2017 104–10128–10047; 1; 10/2017 104–10129–10095; 1; 10/2017 104–10146–10076; 3; 10/2017 104–10128–10049; 1; 10/2017 104–10129–10097; 2; 10/2017 104–10146–10077; 3; 10/2017 104–10128–10053; 1; 10/2017 104–10129–10101; 17; 08/2008 104–10146–10093; 5; 10/2017 104–10128–10055; 1; 10/2017 104–10129–10117; 21; 10/2017 104–10146–10099; 1; 10/2017 104–10128–10069; 1; 10/2017 104–10129–10157; 5; 10/2017 104–10146–10120; 10; 10/2017 104–10128–10070; 1; 10/2017 104–10129–10168; 6; 10/2017 104–10146–10128; 2; 10/2017 104–10128–10072; 1; 10/2017 104–10130–10039; 3; 10/2017 104–10146–10160; 1; 10/2017 104–10128–10086; 2; 10/2017 104–10130–10043; 6; 10/2017 104–10146–10255; 6; 10/2017 104–10128–10111; 1; 10/2017 104–10130–10161; 1; 10/2017 104–10146–10266; 3; 10/2017 104–10128–10112; 6; 10/2017 104–10130–10188; 1; 10/2017 104–10146–10299; 12; 10/2017 104–10128–10113; 3; 10/2017 104–10130–10192; 4; 10/2017 104–10146–10327; 1; 10/2017 104–10128–10114; 2; 10/2017 104–10130–10219; 1; 10/2017 104–10147–10271; 2; 10/2017 104–10128–10115; 2; 10/2017 104–10130–10238; 2; 10/2017 104–10147–10325; 1; 10/2017 104–10128–10116; 1; 10/2017 104–10130–10243; 1; 10/2017 104–10147–10327; 3; 10/2017 104–10128–10117; 1; 10/2017 104–10130–10255; 4; 10/2017 104–10147–10329; 1; 10/2017 104–10128–10118; 1; 10/2017 104–10130–10260; 1; 10/2017 104–10147–10331; 1; 10/2017 104–10128–10154; 9; 10/2017 104–10130–10261; 2; 10/2017 104–10147–10402; 1; 10/2017 104–10128–10156; 2; 10/2017 104–10130–10262; 2; 10/2017 104–10147–10404; 1; 10/2017 104–10128–10157; 4; 10/2017 104–10130–10263; 2; 10/2017 104–10147–10416; 1; 10/2017 104–10128–10212; 1; 10/2017 104–10130–10264; 1; 10/2017 104–10147–10436; 13; 10/2017 104–10128–10213; 7; 10/2017 104–10130–10265; 2; 10/2017 104–10149–10024; 1; 10/2017 104–10128–10223; 4; 10/2017 104–10130–10266; 1; 10/2017 104–10149–10028; 1; 10/2017 104–10128–10224; 2; 10/2017 104–10130–10267; 2; 10/2017 104–10149–10033; 1; 10/2017 104–10128–10229; 6; 10/2017 104–10130–10269; 1; 10/2017 104–10149–10051; 1; 10/2017 104–10128–10235; 2; 10/2017 104–10130–10282; 84; 10/2017 104–10150–10001; 3; 10/2017 104–10128–10240; 2; 10/2017 104–10130–10284; 1; 10/2017 104–10150–10008; 4; 10/2017 104–10128–10244; 2; 10/2017 104–10130–10287; 7; 10/2017 104–10150–10021; 3; 10/2017 104–10128–10249; 4; 10/2017 104–10130–10291; 2; 10/2017 104–10150–10030; 1; 10/2017 104–10128–10251; 2; 10/2017 104–10130–10293; 1; 10/2017 104–10161–10093; 4; 10/2017 104–10128–10254; 1; 10/2017 104–10130–10305; 1; 10/2017 104–10161–10096; 10; 10/2017 104–10128–10256; 1; 10/2017 104–10130–10307; 1; 10/2017 104–10161–10097; 12; 10/2017 104–10128–10257; 2; 10/2017 104–10130–10310; 5; 10/2017 104–10161–10100; 1; 10/2017 104–10128–10258; 2; 10/2017 104–10130–10311; 2; 10/2017 CIA Documents: Postponed in Full 104–10128–10259; 1; 10/2017 104–10130–10312; 10; 10/2017 104–10063–10229; 1; 10/2017 104–10128–10260; 2; 10/2017 104–10130–10313; 6; 10/2017 104–10063–10261; 1; 10/2017 104–10128–10265; 4; 10/2017 104–10130–10317; 1; 10/2017 104–10063–10299; 1; 10/2017 104–10128–10272; 1; 10/2017 104–10130–10331; 2; 10/2017 104–10063–10300; 1; 10/2017 104–10128–10279; 1; 10/2017 104–10130–10335; 1; 10/2017 104–10063–10314; 1; 10/2017 104–10128–10285; 4; 10/2017 104–10130–10346; 1; 10/2017 104–10063–10315; 1; 10/2017 104–10128–10286; 3; 10/2017 104–10130–10352; 3; 10/2017 104–10063–10407; 1; 10/2017 104–10128–10287; 2; 10/2017 104–10130–10355; 2; 10/2017 104–10128–10288; 3; 10/2017 104–10130–10356; 1; 10/2017 HSCA Documents: Postponed in Part 104–10128–10289; 6; 10/2017 104–10130–10358; 1; 10/2017 180–10078–10006; 1; 10/2017 104–10128–10291; 5; 10/2017 104–10130–10361; 7; 10/2017 180–10103–10336; 0; 10/2017 104–10128–10292; 1; 10/2017 104–10130–10365; 2; 10/2017 180–10110–10083; 6; 10/2017 104–10128–10298; 1; 10/2017 104–10130–10366; 1; 10/2017 180–10110–10144; 37; 10/2017 104–10128–10299; 3; 10/2017 104–10130–10370; 1; 10/2017 180–10113–10416; 2; 10/2017 104–10128–10300; 2; 10/2017 104–10130–10371; 1; 10/2017 180–10131–10334; 596; 10/2017 104–10128–10302; 3; 10/2017 104–10130–10421; 1; 10/2017 180–10143–10467; 4; 10/2017 67338 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

180–10144–10174; 32; 10/2017 10194–10282; 124–10194–10283; 124– 10196–10395; 124–10196–10398; 124– 180–10145–10202; 1; 10/2017 10194–10284; 124–10194–10285; 124– 10196–10399; 124–10196–10400; 124– 180–10147–10040; 4; 10/2017 10194–10287; 124–10194–10288; 124– 10196–10401; 124–10196–10402; 124– 180–10147–10185; 32; 10/2017 10194–10289; 124–10194–10290; 124– 10196–10405; 124–10196–10406; 124– State Department Documents: Postponed in 10194–10291; 124–10194–10292; 124– 10196–10408; 124–10196–10409; 124– Part 10194–10293; 124–10194–10294; 124– 10196–10410; 124–10196–10412; 124– 10194–10295; 124–10194–10296; 124– 10196–10413; 124–10196–10414; 124– 119–10003–10122; 37; 10/2017 10194–10297; 124–10194–10298; 124– 10196–10415; 124–10196–10417; 124– 119–10021–10357; 1; 10/2017 10194–10299; 124–10194–10300; 124– 10196–10419; 124–10196–10420; 124– 119–10022–10000; 1; 10/2017 10194–10301; 124–10194–10302; 124– 10196–10422; 124–10196–10426; 124– 119–10022–10074; 1; 10/2017 10194–10304; 124–10194–10305; 124– 10196–10427; 124–10196–10428; 124– 119–10022–10246; 3; 10/2017 10194–10306; 124–10194–10307; 124– 10196–10429; 124–10196–10431; 124– 119–10022–10248; 2; 10/2017 10194–10308; 124–10194–10309; 124– 10196–10433; 124–10196–10434; 124– Ford Library Documents: Postponed in Part 10194–10310; 124–10194–10311; 124– 10196–10436; 124–10196–10437; 124– 178–10002–10089; 1; 10/2017 10194–10312; 124–10194–10313; 124– 10196–10438; 124–10196–10440; 124– 178–10002–10090; 1; 10/2017 10194–10315; 124–10194–10316; 124– 10196–10442; 124–10196–10443; 124– 178–10002–10158; 2; 10/2017 10194–10317; 124–10194–10318; 124– 10196–10445; 124–10196–10448; 124– 178–10002–10159; 1; 10/2017 10194–10319; 124–10194–10321; 124– 10197–10199; 124–10197–10200; 124– 178–10002–10166 1; 10/2017 10194–10322; 124–10194–10324; 124– 10197–10202; 124–10197–10204; 124– 178–10002–10229; 2; 10/2017 10194–10326; 124–10194–10327; 124– 10197–10210; 124–10197–10212; 124– 178–10002–10265; 8; 10/2017 10194–10328; 124–10194–10333; 124– 10197–10213; 124–10197–10219; 124– 178–10002–10266; 1; 10/2017 10194–10343; 124–10194–10346; 124– 10197–10222; 124–10197–10223; 124– 178–10002–10330; 2; 10/2017 10194–10347; 124–10194–10350; 124– 10197–10234; 124–10197–10262; 124– 178–10002–10335; 4; 10/2017 10194–10351; 124–10194–10352; 124– 10197–10264; 124–10197–10266; 124– 178–10002–10369; 1; 10/2017 10194–10353; 124–10194–10354; 124– 10197–10407; 124–10197–10409; 124– 178–10002–10401; 1; 10/2017 10194–10356; 124–10194–10357; 124– 10197–10410; 124–10197–10411; 124– 178–10002–10482; 3; 10/2017 10194–10424; 124–10194–10427; 124– 10197–10413; 124–10197–10414; 124– 178–10002–10490; 3; 10/2017 10194–10431; 124–10194–10437; 124– 10198–10000; 124–10198–10001; 124– 178–10003–10047; 1; 10/2017 10194–10450; 124–10194–10451; 124– 10198–10002; 124–10198–10003; 124– 178–10003–10188; 5; 10/2017 10195–10000; 124–10195–10002; 124– 10198–10004; 124–10198–10005; 124– 178–10003–10296; 2; 10/2017 10195–10003; 124–10195–10006; 124– 10198–10006; 124–10198–10007; 124– 178–10003–10297; 4; 10/2017 10195–10007; 124–10195–10008; 124– 10198–10009; 124–10198–10011; 124– 178–10003–10319; 2; 10/2017 10195–10010; 124–10195–10011; 124– 10198–10012; 124–10198–10014; 124– 178–10003–10320; 4; 10/2017 10195–10013; 124–10195–10014; 124– 10198–10015; 124–10198–10016; 124– 178–10003–10334; 2; 10/2017 10195–10016; 124–10195–10020; 124– 10198–10017; 124–10198–10018; 124– 178–10003–10335; 4; 10/2017 10195–10021; 124–10195–10023; 124– 10198–10019; 124–10198–10020; 124– 178–10003–10414; 1; 10/2017 10195–10026; 124–10195–10027; 124– 10198–10021; 124–10198–10022; 124– 178–10003–10439; 1; 10/2017 10195–10028; 124–10195–10030; 124– 10198–10023; 124–10198–10024; 124– 178–10004–10216; 2; 10/2017 10195–10031; 124–10195–10032; 124– 10198–10026; 124–10198–10027; 124– 178–10004–10217; 4; 10/2017 10195–10034; 124–10195–10035; 124– 10198–10028; 124–10198–10029; 124– 10195–10036; 124–10195–10037; 124– 10198–10030; 124–10198–10031; 124– Notice of Additional Releases 10195–10038; 124–10195–10039; 124– 10198–10032; 124–10198–10033; 124– After consultation with appropriate 10195–10041; 124–10195–10042; 124– 10198–10034; 124–10198–10036; 124– Federal agencies, the Review Board 10195–10043; 124–10195–10044; 124– 10198–10037; 124–10198–10038; 124– announces that the following Federal 10195–10045; 124–10195–10046; 124– 10198–10039; 124–10198–10040; 124– 10195–10047; 124–10195–10049; 124– 10198–10041; 124–10198–10042; 124– Bureau of Investigation records are now 10195–10050; 124–10195–10051; 124– 10198–10043; 124–10198–10044; 124– being opened in full: 10195–10052; 124–10195–10053; 124– 10198–10045; 124–10198–10046; 124– 124–10194–10212; 124–10194–10214; 124– 10195–10054; 124–10195–10055; 124– 10198–10047; 124–10198–10049; 124– 10194–10215; 124–10194–10216; 124– 10195–10056; 124–10195–10058; 124– 10198–10050; 124–10198–10051; 124– 10194–10217; 124–10194–10218; 124– 10195–10059; 124–10195–10061; 124– 10198–10052; 124–10198–10053; 124– 10194–10219; 124–10194–10220; 124– 10195–10062; 124–10195–10063; 124– 10198–10054; 124–10198–10055; 124– 10194–10221; 124–10194–10223; 124– 10195–10064; 124–10195–10065; 124– 10198–10057; 124–10198–10058; 124– 10194–10224; 124–10194–10225; 124– 10195–10066; 124–10195–10068; 124– 10198–10059; 124–10198–10060; 124– 10194–10226; 124–10194–10227; 124– 10195–10069; 124–10195–10071; 124– 10198–10061; 124–10198–10062; 124– 10194–10229; 124–10194–10230; 124– 10195–10073; 124–10195–10074; 124– 10198–10063; 124–10198–10064; 124– 10194–10231; 124–10194–10232; 124– 10195–10075; 124–10195–10076; 124– 10198–10066; 124–10198–10067; 124– 10194–10233; 124–10194–10234; 124– 10195–10080; 124–10195–10081; 124– 10198–10068; 124–10198–10241; 124– 10194–10236; 124–10194–10237; 124– 10195–10082; 124–10195–10083; 124– 10198–10242; 124–10198–10243; 124– 10194–10239; 124–10194–10240; 124– 10195–10084; 124–10195–10085; 124– 10198–10244; 124–10198–10245; 124– 10194–10241; 124–10194–10242; 124– 10195–10086; 124–10195–10087; 124– 10198–10246; 124–10198–10248; 124– 10194–10243; 124–10194–10244; 124– 10195–10088; 124–10195–10089; 124– 10198–10249; 124–10198–10250; 124– 10194–10245; 124–10194–10246; 124– 10195–10090; 124–10195–10091; 124– 10198–10251; 124–10198–10252; 124– 10194–10247; 124–10194–10248; 124– 10195–10093; 124–10195–10094; 124– 10198–10253; 124–10198–10254; 124– 10194–10249; 124–10194–10250; 124– 10195–10097; 124–10195–10098; 124– 10198–10255; 124–10198–10257; 124– 10194–10252; 124–10194–10253; 124– 10195–10099; 124–10195–10102; 124– 10198–10258; 124–10198–10259; 124– 10194–10254; 124–10194–10258; 124– 10195–10103; 124–10195–10104; 124– 10198–10260; 124–10198–10261; 124– 10194–10259; 124–10194–10260; 124– 10195–10313; 124–10195–10314; 124– 10198–10262; 124–10198–10263; 124– 10194–10261; 124–10194–10262; 124– 10195–10315; 124–10195–10316; 124– 10198–10264; 124–10198–10266; 124– 10194–10263; 124–10194–10265; 124– 10195–10318; 124–10195–10320; 124– 10198–10267; 124–10198–10268; 124– 10194–10268; 124–10194–10269; 124– 10195–10321; 124–10195–10325; 124– 10198–10269; 124–10198–10270; 124– 10194–10270; 124–10194–10271; 124– 10195–10326; 124–10195–10329; 124– 10198–10272; 124–10198–10273; 124– 10194–10274; 124–10194–10275; 124– 10195–10330; 124–10196–10388; 124– 10199–10277; 124–10199–10279; 124– 10194–10276; 124–10194–10277; 124– 10196–10389; 124–10196–10390; 124– 10199–10280; 124–10199–10281; 124– 10194–10278; 124–10194–10279; 124– 10196–10391; 124–10196–10392; 124– 10199–10283; 124–10199–10284; 124– 10194–10280; 124–10194–10281; 124– 10196–10393; 124–10196–10394; 124– 10199–10285; 124–10199–10286; 124– Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67339

10199–10287; 124–10199–10288; 124– 10202–10221; 124–10202–10222; 124– 10204–10050; 124–10204–10051; 124– 10199–10289; 124–10199–10290; 124– 10202–10223; 124–10202–10224; 124– 10204–10052; 124–10204–10053; 124– 10199–10292; 124–10199–10293; 124– 10202–10225; 124–10202–10227; 124– 10204–10055; 124–10204–10056; 124– 10199–10294; 124–10199–10295; 124– 10202–10228; 124–10202–10229; 124– 10204–10057; 124–10204–10058; 124– 10199–10296; 124–10199–10297; 124– 10202–10230; 124–10202–10231; 124– 10204–10061; 124–10204–10064; 124– 10199–10298; 124–10199–10299; 124– 10202–10232; 124–10202–10234; 124– 10204–10066; 124–10204–10071; 124– 10199–10300; 124–10199–10301; 124– 10202–10235; 124–10202–10236; 124– 10204–10072; 124–10204–10074; 124– 10199–10302; 124–10199–10303; 124– 10202–10237; 124–10202–10238; 124– 10204–10075; 124–10204–10077; 124– 10199–10304; 124–10199–10305; 124– 10202–10239; 124–10202–10240; 124– 10204–10078; 124–10204–10079; 124– 10199–10306; 124–10199–10307; 124– 10202–10241; 124–10202–10242; 124– 10204–10080; 124–10204–10085; 124– 10199–10308; 124–10199–10309; 124– 10202–10243; 124–10202–10244; 124– 10204–10086; 124–10204–10087; 124– 10199–10310; 124–10199–10311; 124– 10202–10245; 124–10202–10246; 124– 10204–10088; 124–10204–10091; 124– 10199–10312; 124–10199–10313; 124– 10202–10248; 124–10202–10249; 124– 10204–10093; 124–10204–10094; 124– 10199–10314; 124–10199–10315; 124– 10202–10250; 124–10202–10251; 124– 10204–10095; 124–10204–10096; 124– 10199–10316; 124–10199–10317; 124– 10202–10252; 124–10202–10253; 124– 10204–10102; 124–10204–10106; 124– 10199–10318; 124–10199–10319; 124– 10202–10254; 124–10202–10255; 124– 10204–10107; 124–10204–10111; 124– 10199–10320; 124–10199–10321; 124– 10202–10256; 124–10202–10257; 124– 10204–10113; 124–10204–10116; 124– 10199–10322; 124–10199–10323; 124– 10202–10259; 124–10202–10260; 124– 10204–10125; 124–10204–10126; 124– 10200–10001; 124–10200–10002; 124– 10202–10261; 124–10202–10262; 124– 10204–10127; 124–10204–10131; 124– 10200–10003; 124–10200–10004; 124– 10202–10263; 124–10202–10264; 124– 10204–10134; 124–10204–10167; 124– 10200–10005; 124–10200–10006; 124– 10202–10266; 124–10202–10267; 124– 10204–10168; 124–10204–10172; 124– 10200–10007; 124–10200–10008; 124– 10202–10271; 124–10202–10272; 124– 10204–10173; 124–10204–10174; 124– 10200–10009; 124–10200–10010; 124– 10202–10273; 124–10202–10274; 124– 10204–10178; 124–10204–10180; 124– 10200–10011; 124–10200–10012; 124– 10202–10275; 124–10202–10276; 124– 10204–10181; 124–10204–10185; 124– 10200–10013; 124–10200–10015; 124– 10202–10280; 124–10202–10281; 124– 10204–10188; 124–10204–10190; 124– 10200–10016; 124–10200–10017; 124– 10202–10284; 124–10202–10286; 124– 10204–10192; 124–10204–10194; 124– 10200–10018; 124–10200–10019; 124– 10202–10289; 124–10202–10292; 124– 10204–10196; 124–10204–10199; 124– 10200–10020; 124–10200–10022; 124– 10202–10293; 124–10202–10294; 124– 10204–10200; 124–10204–10201; 124– 10200–10023; 124–10200–10025; 124– 10202–10295; 124–10202–10297; 124– 10204–10257; 124–10204–10258; 124– 10200–10026; 124–10200–10027; 124– 10202–10298; 124–10202–10301; 124– 10204–10259; 124–10204–10260; 124– 10200–10028; 124–10200–10029; 124– 10202–10302; 124–10202–10303; 124– 10204–10261; 124–10204–10262; 124– 10200–10031; 124–10200–10032; 124– 10202–10304; 124–10202–10305; 124– 10204–10263; 124–10204–10265; 124– 10200–10033; 124–10200–10036; 124– 10202–10306; 124–10202–10307; 124– 10204–10266; 124–10204–10267; 124– 10200–10038; 124–10200–10039; 124– 10202–10308; 124–10202–10309; 124– 10204–10268; 124–10204–10269; 124– 10200–10041; 124–10200–10044; 124– 10202–10312; 124–10202–10313; 124– 10204–10270; 124–10204–10271; 124– 10200–10045; 124–10200–10047; 124– 10202–10314; 124–10202–10315; 124– 10204–10273; 124–10204–10274; 124– 10200–10051; 124–10200–10055; 124– 10202–10316; 124–10202–10319; 124– 10204–10275; 124–10204–10276; 124– 10200–10056; 124–10200–10057; 124– 10202–10322; 124–10202–10323; 124– 10204–10277; 124–10204–10279; 124– 10200–10058; 124–10200–10059; 124– 10202–10324; 124–10202–10326; 124– 10204–10280; 124–10204–10281; 124– 10200–10060; 124–10200–10061; 124– 10202–10327; 124–10202–10446; 124– 10204–10282; 124–10204–10284; 124– 10200–10062; 124–10200–10063; 124– 10202–10447; 124–10202–10448; 124– 10204–10285; 124–10204–10287; 124– 10200–10064; 124–10200–10072; 124– 10202–10449; 124–10202–10450; 124– 10204–10288; 124–10204–10289; 124– 10200–10074; 124–10200–10075; 124– 10202–10451; 124–10202–10452; 124– 10204–10290; 124–10204–10292; 124– 10200–10150; 124–10201–10418; 124– 10202–10453; 124–10202–10454; 124– 10204–10293; 124–10204–10294; 124– 10201–10419; 124–10201–10420; 124– 10202–10455; 124–10202–10456; 124– 10204–10499; 124–10205–10004; 124– 10201–10422; 124–10201–10423; 124– 10202–10457; 124–10202–10458; 124– 10205–10009; 124–10205–10010; 124– 10201–10424; 124–10202–10144; 124– 10203–10136; 124–10203–10138; 124– 10205–10012; 124–10205–10013; 124– 10202–10145; 124–10202–10146; 124– 10203–10139; 124–10203–10140; 124– 10205–10015; 124–10205–10019; 124– 10202–10147; 124–10202–10151; 124– 10203–10146; 124–10203–10147; 124– 10205–10022; 124–10205–10023; 124– 10202–10153; 124–10202–10154; 124– 10203–10148; 124–10203–10150; 124– 10205–10026; 124–10205–10028; 124– 10202–10156; 124–10202–10158; 124– 10203–10151; 124–10203–10152; 124– 10205–10029; 124–10205–10035; 124– 10202–10159; 124–10202–10160; 124– 10203–10154; 124–10203–10156; 124– 10205–10036; 124–10205–10037; 124– 10202–10163; 124–10202–10165; 124– 10203–10157; 124–10203–10160; 124– 10205–10044; 124–10205–10045; 124– 10202–10166; 124–10202–10171; 124– 10203–10163; 124–10203–10167; 124– 10205–10046; 124–10205–10047; 124– 10202–10172; 124–10202–10173; 124– 10203–10168; 124–10203–10171; 124– 10205–10050; 124–10205–10053; 124– 10202–10175; 124–10202–10178; 124– 10203–10176; 124–10203–10178; 124– 10205–10054; 124–10205–10056; 124– 10202–10179; 124–10202–10180; 124– 10203–10467; 124–10203–10470; 124– 10205–10058; 124–10205–10062; 124– 10202–10181; 124–10202–10182; 124– 10203–10479; 124–10203–10481; 124– 10205–10063; 124–10205–10065; 124– 10202–10183; 124–10202–10184; 124– 10203–10483; 124–10203–10486; 124– 10205–10068; 124–10205–10071; 124– 10202–10185; 124–10202–10186; 124– 10203–10487; 124–10203–10488; 124– 10205–10072; 124–10205–10074; 124– 10202–10187; 124–10202–10188; 124– 10203–10490; 124–10203–10495; 124– 10205–10449; 124–10206–10000; 124– 10202–10189; 124–10202–10190; 124– 10203–10496; 124–10203–10498; 124– 10206–10001; 124–10206–10002; 124– 10202–10191; 124–10202–10192; 124– 10203–10499; 124–10204–10003; 124– 10206–10003; 124–10206–10005; 124– 10202–10193; 124–10202–10194; 124– 10204–10005; 124–10204–10006; 124– 10206–10008; 124–10206–10010; 124– 10202–10195; 124–10202–10196; 124– 10204–10007; 124–10204–10011; 124– 10206–10011; 124–10206–10012; 124– 10202–10197; 124–10202–10198; 124– 10204–10012; 124–10204–10014; 124– 10206–10013; 124–10206–10015; 124– 10202–10199; 124–10202–10200; 124– 10204–10016; 124–10204–10018; 124– 10206–10017; 124–10206–10018; 124– 10202–10201; 124–10202–10202; 124– 10204–10019; 124–10204–10020; 124– 10206–10019; 124–10206–10020; 124– 10202–10203; 124–10202–10204; 124– 10204–10021; 124–10204–10022; 124– 10206–10021; 124–10206–10022; 124– 10202–10206; 124–10202–10207; 124– 10204–10023; 124–10204–10024; 124– 10206–10024; 124–10206–10025; 124– 10202–10208; 124–10202–10209; 124– 10204–10025; 124–10204–10026; 124– 10206–10026; 124–10206–10028; 124– 10202–10210; 124–10202–10211; 124– 10204–10027; 124–10204–10029; 124– 10206–10029; 124–10206–10031; 124– 10202–10212; 124–10202–10213; 124– 10204–10031; 124–10204–10032; 124– 10206–10032; 124–10206–10034; 124– 10202–10215; 124–10202–10216; 124– 10204–10033; 124–10204–10034; 124– 10206–10036; 124–10206–10038; 124– 10202–10217; 124–10202–10218; 124– 10204–10039; 124–10204–10045; 124– 10206–10039; 124–10206–10040; 124– 10202–10219; 124–10202–10220; 124– 10204–10046; 124–10204–10049; 124– 10206–10044; 124–10206–10045; 124– 67340 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

10206–10046; 124–10206–10047; 124– 10209–10083; 124–10209–10085; 124– 10209–10316; 124–10209–10319; 124– 10206–10048; 124–10206–10049; 124– 10209–10086; 124–10209–10088; 124– 10209–10321; 124–10209–10331; 124– 10206–10050; 124–10206–10052; 124– 10209–10089; 124–10209–10091; 124– 10209–10332; 124–10209–10345; 124– 10206–10054; 124–10206–10055; 124– 10209–10092; 124–10209–10093; 124– 10209–10346; 124–10209–10349; 124– 10206–10056; 124–10206–10057; 124– 10209–10094; 124–10209–10095; 124– 10209–10350; 124–10209–10353; 124– 10206–10059; 124–10206–10060; 124– 10209–10096; 124–10209–10097; 124– 10209–10356; 124–10209–10358; 124– 10206–10061; 124–10206–10063; 124– 10209–10098; 124–10209–10099; 124– 10209–10359; 124–10209–10361; 124– 10206–10064; 124–10206–10065; 124– 10209–10101; 124–10209–10102; 124– 10209–10366; 124–10209–10367; 124– 10206–10066; 124–10206–10069; 124– 10209–10103; 124–10209–10105; 124– 10209–10373; 124–10209–10381; 124– 10206–10070; 124–10206–10071; 124– 10209–10106; 124–10209–10107; 124– 10210–10207; 124–10210–10208; 124– 10206–10072; 124–10206–10073; 124– 10209–10108; 124–10209–10109; 124– 10210–10209; 124–10210–10211; 124– 10206–10075; 124–10206–10076; 124– 10209–10110; 124–10209–10111; 124– 10210–10212; 124–10210–10214; 124– 10206–10078; 124–10206–10079; 124– 10209–10112; 124–10209–10113; 124– 10210–10215; 124–10210–10217; 124– 10206–10080; 124–10206–10082; 124– 10209–10114; 124–10209–10115; 124– 10210–10218; 124–10210–10221; 124– 10206–10083; 124–10206–10088; 124– 10209–10116; 124–10209–10117; 124– 10210–10222; 124–10210–10223; 124– 10206–10089; 124–10206–10090; 124– 10209–10118; 124–10209–10119; 124– 10210–10355; 124–10210–10359; 124– 10206–10093; 124–10206–10094; 124– 10209–10120; 124–10209–10121; 124– 10210–10360; 124–10210–10363; 124– 10206–10097; 124–10206–10099; 124– 10209–10122; 124–10209–10123; 124– 10210–10364; 124–10210–10366; 124– 10206–10100; 124–10206–10103; 124– 10209–10124; 124–10209–10125; 124– 10210–10367; 124–10210–10369; 124– 10206–10387; 124–10206–10389; 124– 10209–10126; 124–10209–10127; 124– 10210–10371; 124–10210–10372; 124– 10206–10390; 124–10206–10391; 124– 10209–10128; 124–10209–10130; 124– 10210–10373; 124–10210–10374; 124– 10206–10393; 124–10206–10397; 124– 10209–10131; 124–10209–10132; 124– 10210–10375; 124–10210–10376; 124– 10206–10398; 124–10206–10399; 124– 10209–10133; 124–10209–10134; 124– 10210–10379; 124–10210–10382; 124– 10206–10400; 124–10207–10260; 124– 10209–10135; 124–10209–10137; 124– 10210–10384; 124–10210–10385; 124– 10207–10262; 124–10207–10263; 124– 10209–10139; 124–10209–10140; 124– 10210–10387; 124–10210–10388; 124– 10207–10264; 124–10207–10265; 124– 10209–10141; 124–10209–10142; 124– 10210–10399; 124–10210–10410; 124– 10207–10266; 124–10207–10272; 124– 10209–10143; 124–10209–10144; 124– 10210–10411; 124–10210–10412; 124– 10207–10273; 124–10207–10274; 124– 10209–10145; 124–10209–10146; 124– 10210–10413; 124–10210–10414; 124– 10207–10275; 124–10207–10276; 124– 10209–10148; 124–10209–10150; 124– 10210–10415; 124–10210–10416; 124– 10207–10278; 124–10207–10279; 124– 10209–10153; 124–10209–10154; 124– 10210–10417; 124–10210–10418; 124– 10207–10281; 124–10207–10282; 124– 10209–10155; 124–10209–10156; 124– 10210–10419; 124–10210–10420; 124– 10207–10283; 124–10207–10285; 124– 10209–10157; 124–10209–10158; 124– 10210–10421; 124–10210–10422; 124– 10207–10286; 124–10207–10287; 124– 10209–10159; 124–10209–10160; 124– 10210–10423; 124–10210–10424; 124– 10207–10289; 124–10207–10291; 124– 10209–10162; 124–10209–10163; 124– 10210–10427; 124–10210–10428; 124– 10207–10292; 124–10207–10293; 124– 10209–10164; 124–10209–10165; 124– 10210–10429; 124–10210–10430; 124– 10207–10294; 124–10207–10295; 124– 10209–10166; 124–10209–10167; 124– 10210–10431; 124–10210–10432; 124– 10207–10296; 124–10207–10299; 124– 10209–10168; 124–10209–10169; 124– 10210–10434; 124–10210–10437; 124– 10207–10301; 124–10207–10302; 124– 10209–10170; 124–10209–10172; 124– 10210–10438; 124–10210–10439; 124– 10207–10303; 124–10207–10304; 124– 10209–10173; 124–10209–10174; 124– 10210–10440; 124–10210–10441; 124– 10207–10306; 124–10207–10307; 124– 10209–10175; 124–10209–10176; 124– 10210–10442; 124–10210–10443; 124– 10207–10309; 124–10207–10312; 124– 10209–10177; 124–10209–10178; 124– 10210–10444; 124–10210–10445; 124– 10207–10313; 124–10207–10314; 124– 10209–10179; 124–10209–10180; 124– 10210–10446; 124–10210–10447; 124– 10207–10316; 124–10207–10319; 124– 10209–10181; 124–10209–10183; 124– 10210–10448; 124–10210–10449; 124– 10207–10371; 124–10207–10372; 124– 10209–10184; 124–10209–10185; 124– 10210–10450; 124–10210–10451; 124– 10207–10373; 124–10207–10374; 124– 10209–10186; 124–10209–10187; 124– 10211–10054; 124–10211–10056; 124– 10207–10375; 124–10207–10443; 124– 10209–10188; 124–10209–10192; 124– 10211–10057; 124–10211–10060; 124– 10207–10444; 124–10207–10445; 124– 10209–10193; 124–10209–10194; 124– 10211–10061; 124–10211–10412; 124– 10207–10446; 124–10207–10447; 124– 10209–10195; 124–10209–10197; 124– 10211–10413; 124–10211–10414; 124– 10207–10448; 124–10208–10247; 124– 10209–10198; 124–10209–10199; 124– 10211–10415; 124–10211–10416; 124– 10208–10248; 124–10208–10249; 124– 10209–10200; 124–10209–10201; 124– 10211–10417; 124–10211–10418; 124– 10208–10250; 124–10208–10251; 124– 10209–10202; 124–10209–10203; 124– 10212–10129; 124–10212–10130; 124– 10208–10252; 124–10208–10253; 124– 10209–10205; 124–10209–10207; 124– 10212–10131; 124–10212–10133; 124– 10208–10254; 124–10208–10255; 124– 10209–10208; 124–10209–10209; 124– 10212–10134; 124–10212–10136; 124– 10208–10256; 124–10208–10257; 124– 10209–10211; 124–10209–10212; 124– 10212–10138; 124–10212–10140; 124– 10208–10258; 124–10208–10259; 124– 10209–10213; 124–10209–10214; 124– 10212–10142; 124–10212–10144; 124– 10208–10260; 124–10208–10261; 124– 10209–10215; 124–10209–10216; 124– 10212–10145; 124–10212–10146; 124– 10208–10262; 124–10208–10263; 124– 10209–10218; 124–10209–10219; 124– 10212–10149; 124–10212–10151; 124– 10209–10004; 124–10209–10005; 124– 10209–10220; 124–10209–10221; 124– 10212–10152; 124–10212–10153; 124– 10209–10006; 124–10209–10009; 124– 10209–10222; 124–10209–10223; 124– 10212–10155; 124–10212–10156; 124– 10209–10011; 124–10209–10012; 124– 10209–10225; 124–10209–10226; 124– 10212–10157; 124–10212–10158; 124– 10209–10013; 124–10209–10016; 124– 10209–10227; 124–10209–10228; 124– 10212–10159; 124–10212–10161; 124– 10209–10018; 124–10209–10019; 124– 10209–10230; 124–10209–10231; 124– 10212–10163; 124–10213–10278; 124– 10209–10028; 124–10209–10031; 124– 10209–10232; 124–10209–10233; 124– 10213–10279; 124–10213–10280; 124– 10209–10035; 124–10209–10036; 124– 10209–10234; 124–10209–10235; 124– 10213–10285; 124–10213–10286; 124– 10209–10039; 124–10209–10042; 124– 10209–10236; 124–10209–10237; 124– 10213–10287; 124–10213–10288; 124– 10209–10043; 124–10209–10044; 124– 10209–10238; 124–10209–10239; 124– 10213–10289; 124–10213–10290; 124– 10209–10046; 124–10209–10049; 124– 10209–10240; 124–10209–10241; 124– 10213–10291; 124–10213–10292; 124– 10209–10050; 124–10209–10051; 124– 10209–10242; 124–10209–10243; 124– 10213–10294; 124–10213–10295; 124– 10209–10053; 124–10209–10054; 124– 10209–10244; 124–10209–10245; 124– 10213–10296; 124–10213–10297; 124– 10209–10055; 124–10209–10056; 124– 10209–10246; 124–10209–10247; 124– 10213–10298; 124–10213–10299; 124– 10209–10057; 124–10209–10060; 124– 10209–10248; 124–10209–10251; 124– 10213–10300; 124–10213–10301; 124– 10209–10061; 124–10209–10064; 124– 10209–10252; 124–10209–10257; 124– 10213–10303; 124–10213–10304; 124– 10209–10065; 124–10209–10066; 124– 10209–10260; 124–10209–10263; 124– 10213–10305; 124–10213–10306; 124– 10209–10071; 124–10209–10072; 124– 10209–10264; 124–10209–10265; 124– 10213–10307; 124–10213–10308; 124– 10209–10076; 124–10209–10077; 124– 10209–10270; 124–10209–10311; 124– 10213–10309; 124–10214–10203; 124– 10209–10080; 124–10209–10081; 124– 10209–10314; 124–10209–10315; 124– 10214–10204; 124–10214–10205; 124– Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67341

10214–10206; 124–10214–10207; 124– 10222–10226; 124–10222–10227; 124– 10278–10025; 124–10278–10028; 124– 10214–10208; 124–10214–10209; 124– 10222–10229; 124–10222–10231; 124– 10278–10029; 124–10278–10031; 124– 10214–10211; 124–10214–10212; 124– 10222–10233; 124–10222–10236; 124– 10278–10033; 124–10278–10037; 124– 10214–10216; 124–10214–10218; 124– 10222–10237; 124–10222–10238; 124– 10278–10039; 124–10278–10042; 124– 10214–10220; 124–10214–10221; 124– 10222–10239; 124–10222–10240; 124– 10278–10045; 124–10278–10047; 124– 10214–10223; 124–10214–10224; 124– 10222–10241; 124–10222–10282; 124– 10278–10048; 124–10278–10050; 124– 10214–10228; 124–10214–10232; 124– 10222–10283; 124–10222–10284; 124– 10278–10051; 124–10278–10053; 124– 10214–10334; 124–10214–10335; 124– 10222–10285; 124–10222–10286; 124– 10279–10000; 124–10279–10001; 124– 10214–10336; 124–10215–10353; 124– 10222–10287; 124–10222–10288; 124– 10279–10002; 124–10279–10003; 124– 10215–10354; 124–10216–10344; 124– 10222–10289; 124–10222–10290; 124– 10279–10004; 124–10279–10109; 124– 10216–10345; 124–10216–10349; 124– 10222–10291; 124–10222–10292; 124– 10279–10110; 124–10279–10111; 124– 10216–10351; 124–10216–10354; 124– 10222–10293; 124–10222–10294; 124– 10279–10112; 124–10280–10164; 124– 10216–10356; 124–10216–10357; 124– 10222–10295; 124–10222–10296; 124– 10280–10167; 124–10280–10168; 124– 10216–10358; 124–10216–10359; 124– 10222–10297; 124–10222–10298; 124– 10281–10160; 124–10281–10161; 124– 10216–10360; 124–10216–10361; 124– 10222–10299; 124–10222–10300; 124– 10281–10162; 124–10281–10163; 124– 10216–10364; 124–10216–10366; 124– 10222–10470; 124–10222–10473; 124– 10282–10094; 124–10282–10095; 124– 10216–10367; 124–10216–10368; 124– 10222–10474; 124–10223–10031; 124– 10282–10096; 124–10282–10097; 124– 10217–10019; 124–10217–10020; 124– 10223–10035; 124–10223–10036; 124– 10282–10098; 124–10282–10099; 124– 10217–10021; 124–10217–10022; 124– 10223–10037; 124–10223–10038; 124– 10282–10100; 124–10282–10101; 124– 10217–10023; 124–10217–10024; 124– 10223–10043; 124–10223–10045; 124– 10282–10102; 124–10282–10103; 124– 10217–10025; 124–10217–10026; 124– 10223–10050; 124–10223–10417; 124– 10282–10104; 124–10282–10105; 124– 10217–10027; 124–10217–10028; 124– 10223–10418; 124–10223–10419; 124– 10282–10106; 124–10282–10107; 124– 10217–10030; 124–10217–10031; 124– 10223–10420; 124–10223–10421; 124– 10282–10108; 124–10283–10013; 124– 10217–10032; 124–10217–10033; 124– 10223–10422; 124–10223–10423; 124– 10283–10014; 124–10283–10015; 124– 10217–10035; 124–10217–10037; 124– 10223–10424; 124–10223–10425; 124– 10283–10018; 124–10283–10019; 124– 10219–10448; 124–10219–10450; 124– 10224–10090; 124–10225–10308; 124– 10283–10021; 124–10283–10022; 124– 10219–10451; 124–10219–10455; 124– 10225–10309; 124–10225–10336; 124– 10283–10023; 124–10283–10024; 124– 10219–10460; 124–10219–10461; 124– 10225–10337; 124–10225–10339; 124– 10283–10026; 124–10283–10028; 124– 10219–10463; 124–10219–10464; 124– 10225–10342; 124–10225–10346; 124– 10283–10030; 124–10283–10033; 124– 10219–10466; 124–10219–10468; 124– 10225–10349; 124–10226–10074; 124– 10283–10034; 124–10283–10036; 124– 10219–10469; 124–10219–10470; 124– 10226–10075; 124–10226–10311; 124– 10283–10037; 124–10283–10040; 124– 10219–10471; 124–10219–10472; 124– 10226–10312; 124–10226–10313; 124– 10283–10218; 124–10283–10219; 124– 10219–10473; 124–10219–10475; 124– 10226–10314; 124–10226–10315; 124– 10283–10220; 124–10283–10221; 124– 10219–10477; 124–10219–10478; 124– 10226–10316; 124–10226–10317; 124– 10283–10247; 124–10283–10260; 124– 10219–10479; 124–10219–10480; 124– 10226–10322; 124–10226–10323; 124– 10283–10261; 124–10283–10263; 124– 10219–10482; 124–10219–10484; 124– 10226–10324; 124–10226–10325; 124– 10283–10264; 124–10283–10266; 124– 10219–10485; 124–10219–10486; 124– 10226–10326; 124–10226–10327; 124– 10283–10267; 124–10283–10268; 124– 10219–10487; 124–10219–10488; 124– 10226–10329; 124–10226–10330; 124– 10283–10269; 124–10283–10270; 124– 10219–10489; 124–10219–10490; 124– 10226–10331; 124–10226–10332; 124– 10283–10271; 124–10283–10273; 124– 10219–10491; 124–10219–10493; 124– 10226–10333; 124–10226–10334; 124– 10283–10274; 124–10283–10276; 124– 10219–10494; 124–10219–10495; 124– 10226–10335; 124–10226–10338; 124– 10283–10281; 124–10283–10288; 124– 10219–10496; 124–10219–10497; 124– 10226–10339; 124–10226–10340; 124– 10283–10295; 124–10283–10296; 124– 10219–10498; 124–10219–10499; 124– 10226–10342; 124–10226–10343; 124– 10283–10299; 124–10283–10300; 124– 10220–10048; 124–10220–10049; 124– 10226–10344; 124–10226–10346; 124– 10283–10301; 124–10284–10045; 124– 10220–10051; 124–10220–10052; 124– 10226–10347; 124–10226–10348; 124– 10284–10053; 124–10284–10055; 124– 10220–10053; 124–10220–10054; 124– 10226–10350; 124–10226–10351; 124– 10284–10055; 124–10284–10056; 124– 10220–10055; 124–10220–10056; 124– 10226–10352; 124–10226–10353; 124– 10284–10060; 124–10284–10062; 124– 10220–10306; 124–10220–10307; 124– 10226–10354; 124–10226–10356; 124– 10284–10095; 124–10284–10096; 124– 10220–10308; 124–10220–10311; 124– 10226–10359; 124–10226–10364; 124– 10284–10097; 124–10284–10098; 124– 10220–10312; 124–10220–10314; 124– 10226–10365; 124–10226–10367; 124– 10284–10099; 124–10284–10100; 124– 10220–10315; 124–10220–10316; 124– 10226–10369; 124–10226–10372; 124– 10284–10101; 124–10284–10102; 124– 10220–10317; 124–10220–10318; 124– 10226–10373; 124–10226–10375; 124– 10284–10103; 124–10284–10104; 124– 10220–10319; 124–10220–10321; 124– 10226–10376; 124–10226–10377; 124– 10284–10105; 124–10284–10107; 124– 10220–10322; 124–10220–10323; 124– 10226–10378; 124–10226–10380; 124– 10284–10109; 124–10284–10111; 124– 10220–10324; 124–10220–10325; 124– 10226–10381; 124–10226–10382; 124– 10284–10116; 124–10284–10117; 124– 10220–10326; 124–10220–10327; 124– 10226–10383; 124–10226–10385; 124– 10284–10119; 124–10284–10120; 124– 10220–10328; 124–10220–10329; 124– 10226–10386; 124–10226–10387; 124– 10284–10122; 124–10284–10126; 124– 10220–10330; 124–10220–10331; 124– 10226–10388; 124–10226–10393; 124– 10284–10127; 124–10284–10129; 124– 10220–10445; 124–10220–10446; 124– 10226–10394; 124–10226–10396; 124– 10284–10131; 124–10284–10198; 124– 10220–10447; 124–10220–10448; 124– 10226–10398; 124–10277–10006; 124– 10284–10199; 124–10284–10200; 124– 10220–10451; 124–10220–10453; 124– 10277–10008; 124–10277–10011; 124– 10284–10201; 124–10284–10202; 124– 10220–10454; 124–10220–10455; 124– 10277–10014; 124–10277–10016; 124– 10284–10203; 124–10284–10204; 124– 10220–10456; 124–10220–10458; 124– 10277–10019; 124–10277–10020; 124– 10284–10205; 124–10284–10206; 124– 10220–10459; 124–10220–10460; 124– 10277–10023; 124–10277–10024; 124– 10284–10207; 124–10284–10208; 124– 10220–10461; 124–10220–10463; 124– 10277–10025; 124–10277–10026; 124– 10284–10209; 124–10284–10210; 124– 10221–10050; 124–10221–10055; 124– 10277–10028; 124–10277–10029; 124– 10284–10211; 124–10285–10003; 124– 10221–10058; 124–10221–10062; 124– 10277–10031; 124–10277–10032; 124– 10285–10005; 124–10285–10006; 124– 10221–10064; 124–10222–10197; 124– 10277–10034; 124–10277–10036; 124– 10285–10007; 124–10285–10008; 124– 10222–10199; 124–10222–10201; 124– 10277–10037; 124–10277–10039; 124– 10285–10009; 124–10285–10010; 124– 10222–10202; 124–10222–10203; 124– 10277–10041; 124–10278–10002; 124– 10285–10011; 124–10285–10208; 124– 10222–10204; 124–10222–10207; 124– 10278–10003; 124–10278–10008; 124– 10286–10100; 124–10286–10101; 124– 10222–10208; 124–10222–10209; 124– 10278–10009; 124–10278–10011; 124– 10286–10102; 124–10286–10103; 124– 10222–10211; 124–10222–10215; 124– 10278–10012; 124–10278–10013; 124– 10286–10104; 124–10286–10105; 124– 10222–10218; 124–10222–10219; 124– 10278–10015; 124–10278–10018; 124– 10286–10106; 124–10286–10107; 124– 10222–10220; 124–10222–10221; 124– 10278–10019; 124–10278–10020; 124– 10286–10108; 124–10286–10109; 124– 10222–10222; 124–10222–10223; 124– 10278–10021; 124–10278–10023; 124– 10286–10111; 124–10286–10112; 124– 67342 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

10286–10113; 124–10286–10114; 124– 10290–10238; 124–10290–10239; 124– 10293–10199; 124–10293–10200; 124– 10286–10115; 124–10286–10116; 124– 10290–10240; 124–10290–10241; 124– 10293–10202; 124–10293–10203; 124– 10286–10117; 124–10286–10119; 124– 10290–10242; 124–10290–10244; 124– 10293–10204; 124–10293–10212; 124– 10286–10120; 124–10286–10121; 124– 10290–10245; 124–10290–10248; 124– 10293–10213; 124–10293–10216; 124– 10286–10122; 124–10286–10123; 124– 10290–10249; 124–10290–10252; 124– 10293–10217; 124–10293–10218; 124– 10286–10124; 124–10287–10247; 124– 10290–10254; 124–10290–10256; 124– 10293–10219; 124–10293–10220; 124– 10287–10248; 124–10287–10250; 124– 10290–10258; 124–10290–10259; 124– 10293–10221; 124–10293–10222; 124– 10287–10251; 124–10287–10252; 124– 10290–10260; 124–10290–10261; 124– 10293–10223; 124–10293–10224; 124– 10287–10253; 124–10287–10254; 124– 10290–10263; 124–10290–10265; 124– 10293–10225; 124–10293–10378; 124– 10288–10255; 124–10288–10256; 124– 10290–10266; 124–10290–10268; 124– 10293–10380; 124–10293–10381; 124– 10288–10257; 124–10288–10258; 124– 10290–10269; 124–10290–10270; 124– 10293–10449; 124–10293–10450; 124– 10288–10259; 124–10288–10260; 124– 10290–10271; 124–10290–10345; 124– 10293–10451; 124–10293–10452; 124– 10288–10261; 124–10288–10262; 124– 10290–10412; 124–10290–10413; 124– 10293–10453; 124–10293–10454; 124– 10288–10263; 124–10288–10264; 124– 10290–10414; 124–10290–10415; 124– 10293–10455; 124–10293–10461; 124– 10288–10265; 124–10288–10266; 124– 10290–10417; 124–10290–10418; 124– 10293–10462; 124–10293–10463; 124– 10288–10267; 124–10288–10268; 124– 10290–10419; 124–10290–10420; 124– 10293–10464; 124–10293–10465; 124– 10288–10269; 124–10288–10270; 124– 10290–10421; 124–10290–10422; 124– 10293–10466; 124–10293–10467; 124– 10288–10271; 124–10288–10272; 124– 10290–10423; 124–10290–10424; 124– 10293–10469; 124–10293–10471; 124– 10288–10273; 124–10288–10311; 124– 10290–10425; 124–10290–10426; 124– 10293–10473; 124–10293–10477; 124– 10288–10312; 124–10288–10313; 124– 10290–10427; 124–10290–10428; 124– 10293–10478; 124–10293–10479; 124– 10288–10314; 124–10288–10315; 124– 10290–10429; 124–10290–10430; 124– 10293–10480; 124–10293–10481; 124– 10288–10316; 124–10288–10317; 124– 10290–10431; 124–10292–10027; 124– 10293–10482; 124–10293–10483; 124– 10288–10318; 124–10288–10319; 124– 10292–10028; 124–10292–10029; 124– 10293–10484; 124–10293–10485; 124– 10288–10320; 124–10288–10322; 124– 10292–10030; 124–10292–10031; 124– 10293–10486; 124–10293–10489; 124– 10288–10323; 124–10288–10325; 124– 10292–10032; 124–10292–10033; 124– 10293–10490; 124–10293–10492; 124– 10288–10326; 124–10288–10327; 124– 10292–10034; 124–10292–10035; 124– 10293–10493; 124–10293–10494; 124– 10288–10328; 124–10288–10329; 124– 10292–10036; 124–10292–10037; 124– 10293–10496; 124–10293–10497; 124– 10288–10333; 124–10288–10334; 124– 10292–10038; 124–10292–10039; 124– 10293–10498; 124–10294–10248; 124– 10288–10335; 124–10288–10336; 124– 10292–10040; 124–10292–10041; 124– 10294–10249; 124–10294–10250; 124– 10288–10337; 124–10288–10338; 124– 10292–10042; 124–10292–10043; 124– 10294–10251; 124–10294–10252; 124– 10288–10339; 124–10288–10340; 124– 10292–10044; 124–10292–10045; 124– 10294–10253; 124–10294–10254; 124– 10288–10342; 124–10288–10343; 124– 10292–10169; 124–10292–10170; 124– 10294–10255; 124–10294–10256; 124– 10288–10345; 124–10288–10346; 124– 10292–10171; 124–10292–10172; 124– 10294–10257; 124–10294–10258; 124– 10288–10347; 124–10288–10348; 124– 10292–10176; 124–10292–10179; 124– 10294–10259; 124–10294–10260; 124– 10288–10349; 124–10288–10350; 124– 10292–10180; 124–10292–10182; 124– 10294–10261; 124–10294–10262; 124– 10288–10352; 124–10288–10353; 124– 10292–10184; 124–10292–10185; 124– 10294–10263; 124–10294–10415; 124– 10288–10355; 124–10288–10356; 124– 10292–10188; 124–10292–10189; 124– 10294–10416; 124–10294–10417; 124– 10288–10357; 124–10288–10412; 124– 10292–10190; 124–10292–10191; 124– 10294–10418; 124–10294–10419; 124– 10288–10413; 124–10289–10131; 124– 10292–10192; 124–10292–10193; 124– 10294–10420; 124–10294–10422; 124– 10289–10132; 124–10289–10133; 124– 10292–10194; 124–10292–10196; 124– 10294–10423; 124–10294–10424; 124– 10289–10134; 124–10289–10135; 124– 10292–10197; 124–10292–10198; 124– 10294–10425; 124–10294–10427; 124– 10289–10136; 124–10289–10137; 124– 10292–10199; 124–10292–10202; 124– 10294–10428; 124–10294–10432; 124– 10289–10138; 124–10289–10139; 124– 10292–10203; 124–10292–10204; 124– 10294–10434; 124–10294–10435; 124– 10289–10140; 124–10289–10141; 124– 10292–10205; 124–10292–10206; 124– 10294–10437; 124–10294–10438; 124– 10289–10143; 124–10289–10146; 124– 10292–10207; 124–10292–10208; 124– 10294–10439; 124–10294–10441; 124– 10289–10147; 124–10289–10148; 124– 10292–10209; 124–10292–10211; 124– 10294–10443; 124–10294–10444; 124– 10289–10149; 124–10289–10150; 124– 10292–10213; 124–10292–10214; 124– 10294–10445; 124–10294–10447; 124– 10289–10151; 124–10289–10152; 124– 10292–10215; 124–10292–10216; 124– 10294–10448; 124–10294–10449; 124– 10289–10153; 124–10289–10154; 124– 10292–10217; 124–10292–10218; 124– 10294–10450; 124–10294–10451; 124– 10289–10155; 124–10289–10156; 124– 10292–10219; 124–10292–10220; 124– 10294–10452; 124–10294–10453; 124– 10289–10157; 124–10289–10158; 124– 10292–10222; 124–10292–10223; 124– 10294–10454; 124–10294–10455; 124– 10289–10160; 124–10289–10161; 124– 10292–10224; 124–10292–10225; 124– 10294–10456; 124–10294–10457; 124– 10289–10163; 124–10289–10165; 124– 10292–10226; 124–10292–10227; 124– 10294–10458; 124–10294–10459; 124– 10289–10170; 124–10289–10172; 124– 10292–10229; 124–10292–10230; 124– 10294–10460; 124–10294–10461; 124– 10289–10174; 124–10289–10176; 124– 10292–10231; 124–10292–10232; 124– 10294–10462; 124–10294–10463; 124– 10289–10177; 124–10289–10179; 124– 10292–10233; 124–10292–10234; 124– 10294–10464; 124–10294–10465; 124– 10289–10180; 124–10289–10181; 124– 10292–10235; 124–10292–10237; 124– 10294–10466; 124–10294–10467; 124– 10290–10139; 124–10290–10140; 124– 10292–10238; 124–10292–10241; 124– 10294–10468; 124–10294–10470; 124– 10290–10141; 124–10290–10146; 124– 10292–10242; 124–10292–10243; 124– 10294–10471; 124–10294–10472; 124– 10290–10147; 124–10290–10148; 124– 10292–10244; 124–10292–10245; 124– 10294–10473; 124–10294–10475; 124– 10290–10149; 124–10290–10150; 124– 10292–10246; 124–10292–10248; 124– 10294–10476; 124–10294–10477; 124– 10290–10151; 124–10290–10153; 124– 10292–10249; 124–10292–10250; 124– 10294–10478; 124–10294–10480; 124– 10290–10154; 124–10290–10199; 124– 10292–10251; 124–10292–10252; 124– 10294–10481; 124–10294–10482; 124– 10290–10200; 124–10290–10201; 124– 10292–10253; 124–10292–10255; 124– 10294–10483; 124–10294–10486; 124– 10290–10202; 124–10290–10203; 124– 10292–10256; 124–10292–10258; 124– 10294–10487; 124–10294–10488; 124– 10290–10204; 124–10290–10205; 124– 10292–10260; 124–10292–10261; 124– 10294–10490; 124–10294–10493; 124– 10290–10207; 124–10290–10209; 124– 10292–10262; 124–10292–10263; 124– 10294–10494; 124–10294–10496; 124– 10290–10210; 124–10290–10212; 124– 10292–10264; 124–10292–10265; 124– 10294–10497; 124–10294–10498; 124– 10290–10213; 124–10290–10214; 124– 10292–10267; 124–10293–10175; 124– 10296–10005; 124–10296–10006; 124– 10290–10215; 124–10290–10216; 124– 10293–10176; 124–10293–10177; 124– 10296–10007; 124–10296–10008; 124– 10290–10217; 124–10290–10218; 124– 10293–10179; 124–10293–10180; 124– 10296–10010; 124–10296–10011; 124– 10290–10221; 124–10290–10222; 124– 10293–10181; 124–10293–10183; 124– 10296–10012; 124–10296–10013; 124– 10290–10224; 124–10290–10228; 124– 10293–10186; 124–10293–10189; 124– 10296–10014; 124–10296–10057; 124– 10290–10229; 124–10290–10231; 124– 10293–10190; 124–10293–10192; 124– 10296–10058; 124–10296–10059; 124– 10290–10232; 124–10290–10233; 124– 10293–10193; 124–10293–10195; 124– 10296–10060; 124–10296–10061; 124– 10290–10236; 124–10290–10237; 124– 10293–10196; 124–10293–10198; 124– 10296–10062; 124–10296–10063; 124– Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67343

10296–10064; 124–10296–10065; 124– 10305–10000; 124–10305–10001; 124– After consultation with appropriate 10296–10072; 124–10296–10073; 124– 10307–10003; 124–10307–10005; 124– Federal agencies, the Review Board 10296–10074; 124–10296–10075; 124– 10307–10006; 124–10307–10009; 124– announces that the following House 10296–10076; 124–10296–10077; 124– 10307–10010; 124–10307–10011; 124– Select Committee on Assassinations 10296–10078; 124–10296–10079; 124– 10307–10012; 124–10307–10014; 124– 10296–10080; 124–10296–10081; 124– 10307–10015; 124–10307–10016; 124– records are now being opened in full: 10296–10082; 124–10296–10083; 124– 10307–10018; 124–10307–10020; 124– 180–10065–10351; 180–10066–10449; 180– 10296–10084; 124–10296–10085; 124– 10307–10021; 124–10307–10023; 124– 10067–10365; 180–10067–10417; 180– 10296–10086; 124–10296–10087; 124– 10307–10024; 124–10307–10031; 124– 10067–10431; 180–10070–10420; 180– 10296–10088; 124–10296–10089; 124– 10307–10032; 124–10307–10035; 124– 10071–10075; 180–10072–10081; 180– 10296–10090; 124–10296–10125; 124– 10307–10038; 124–10307–10040; 124– 10072–10430; 180–10072–10433; 180– 10296–10126; 124–10296–10127; 124– 10307–10041; 124–10307–10043; 124– 10072–10439; 180–10072–10462; 180– 10296–10128; 124–10297–10192; 124– 10308–10000; 124–10308–10001; 124– 10073–10190; 180–10075–10118; 180– 10297–10194; 124–10297–10195; 124– 10308–10003; 124–10308–10005; 124– 10075–10126; 180–10075–10127; 180– 10297–10196; 124–10297–10197; 124– 10308–10006; 124–10308–10007; 124– 10075–10129; 180–10075–10152; 180– 10297–10198; 124–10297–10200; 124– 10308–10010; 124–10308–10011; 124– 10076–10241; 180–10076–10478; 180– 10297–10201; 124–10297–10202; 124– 10308–10012; 124–10308–10013; 124– 10077–10286; 180–10077–10445; 180– 10297–10203; 124–10297–10204; 124– 10308–10014; 124–10308–10015; 124– 10078–10004; 180–10078–10301; 180– 10297–10205; 124–10297–10207; 124– 10308–10020; 124–10308–10021; 124– 10080–10012; 180–10080–10296; 180– 10297–10208; 124–10297–10210; 124– 10308–10023; 124–10308–10027; 124– 10080–10417; 180–10080–10470; 180– 10297–10212; 124–10297–10214; 124– 10308–10029; 124–10308–10030; 124– 10082–10032; 180–10082–10076; 180– 10297–10215; 124–10297–10216; 124– 10308–10031; 124–10308–10033; 124– 10082–10150; 180–10082–10193; 180– 10297–10218; 124–10297–10219; 124– 10308–10034; 124–10308–10036; 124– 10082–10309; 180–10082–10353; 180– 10297–10220; 124–10297–10221; 124– 10308–10037; 124–10308–10038; 124– 10084–10179; 180–10084–10180; 180– 10297–10222; 124–10297–10223; 124– 10308–10039; 124–10308–10040; 124– 10085–10151; 180–10085–10152; 180– 10297–10224; 124–10297–10225; 124– 10308–10041; 124–10308–10043; 124– 10085–10154; 180–10085–10202; 180– 10297–10226; 124–10297–10227; 124– 10308–10044; 124–10308–10045; 124– 10085–10214; 180–10085–10216; 180– 10297–10228; 124–10297–10229; 124– 10308–10047; 124–10308–10049; 124– 10087–10093; 180–10087–10302; 180– 10297–10230; 124–10297–10232; 124– 10308–10050; 124–10308–10051; 124– 10088–10137; 180–10088–10149; 180– 10297–10234; 124–10298–10171; 124– 10308–10052; 124–10308–10053; 124– 10088–10203; 180–10088–10219; 180– 10298–10172; 124–10298–10173; 124– 10308–10054; 124–10308–10055; 124– 10088–10265; 180–10088–10293; 180– 10308–10056; 124–10308–10057; 124– 10298–10174; 124–10298–10176; 124– 10089–10034; 180–10089–10035; 180– 10308–10058; 124–10308–10060; 124– 10298–10177; 124–10298–10179; 124– 10089–10043; 180–10090–10205; 180– 10308–10061; 124–10308–10064; 124– 10298–10180; 124–10298–10181; 124– 10090–10226; 180–10091–10194; 180– 10308–10065; 124–10308–10066; 124– 10298–10182; 124–10298–10183; 124– 10093–10162; 180–10094–10189; 180– 10308–10067; 124–10308–10069; 124– 10298–10184; 124–10298–10185; 124– 10095–10375; 180–10096–10416; 180– 10308–10070; 124–10308–10071; 124– 10096–10448; 180–10097–10473; 180– 10298–10186; 124–10298–10187; 124– 10308–10072; 124–10308–10073; 124– 10298–10188; 124–10298–10189; 124– 10100–10008; 180–10100–10018; 180– 10308–10075; 124–10308–10076; 124– 10101–10115; 180–10103–10337; 180– 10298–10190; 124–10298–10191; 124– 10308–10077; 124–10308–10078; 124– 10298–10192; 124–10298–10196; 124– 10103–10498; 180–10104–10224; 180– 10308–10079; 124–10308–10080; 124– 10105–10343; 180–10105–10344; 180– 10298–10197; 124–10298–10198; 124– 10308–10081; 124–10308–10083; 124– 10298–10203; 124–10298–10204; 124– 10105–10345; 180–10105–10346; 180– 10308–10084; 124–10308–10085; 124– 10105–10347; 180–10105–10348; 180– 10298–10206; 124–10298–10207; 124– 10308–10090; 124–10308–10091; 124– 10298–10208; 124–10298–10210; 124– 10105–10349; 180–10105–10350; 180– 10308–10093; 124–10308–10095; 124– 10105–10351; 180–10105–10367; 180– 10298–10211; 124–10298–10214; 124– 10308–10098; 124–10308–10099; 124– 10298–10215; 124–10298–10216; 124– 10106–10026; 180–10106–10027; 180– 10308–10100; 124–10308–10101; 124– 10106–10415; 180–10107–10480; 180– 10298–10217; 124–10298–10218; 124– 10308–10107; 124–10308–10108; 124– 10298–10221; 124–10298–10222; 124– 10107–10484; 180–10107–10488; 180– 10308–10109; 124–10308–10111; 124– 10107–10489; 180–10107–10493; 180– 10298–10223; 124–10298–10224; 124– 10308–10112; 124–10308–10113; 124– 10298–10225; 124–10298–10227; 124– 10107–10496; 180–10108–10116; 180– 10308–10114; 124–10308–10115; 124– 10108–10305; 180–10108–10327; 180– 10298–10228; 124–10298–10229; 124– 10308–10116; 124–10308–10117; 124– 10298–10230; 124–10298–10231; 124– 10108–10386; 180–10108–10387; 180– 10308–10120; 124–10308–10121; 124– 10108–10389; 180–10109–10449; 180– 10298–10232; 124–10298–10233; 124– 10308–10122; 124–10308–10124; 124– 10298–10234; 124–10298–10235; 124– 10112–10133; 180–10114–10143; 180– 10308–10125; 124–10308–10126; 124– 10114–10196; 180–10114–10259; 180– 10298–10236; 124–10298–10237; 124– 10308–10128; 124–10308–10129; 124– 10301–10211; 124–10301–10212; 124– 10115–10155; 180–10115–10156; 180– 10308–10130; 124–10308–10132; 124– 10116–10169; 180–10116–10171; 180– 10301–10213; 124–10301–10214; 124– 10308–10134; 124–10308–10135; 124– 10301–10215; 124–10301–10216; 124– 10116–10172; 180–10117–10208; 180– 10308–10137; 124–10308–10138; 124– 10117–10209; 180–10117–10210; 180– 10301–10217; 124–10301–10218; 124– 10308–10140; 124–10308–10142; 124– 10117–10211; 180–10117–10212; 180– 10301–10219; 124–10301–10220; 124– 10308–10143; 124–10308–10144; 124– 10117–10213; 180–10117–10214; 180– 10301–10221; 124–10301–10222; 124– 10308–10145; 124–10308–10146; 124– 10117–10215; 180–10117–10216; 180– 10301–10223; 124–10301–10224; 124– 10308–10147; 124–10308–10148; 124– 10117–10217; 180–10117–10227; 180– 10301–10225; 124–10301–10226; 124– 10308–10151; 124–10308–10152; 124– 10119–10229; 180–10121–10010; 180– 10301–10227; 124–10301–10228; 124– 10308–10154; 124–10308–10155; 124– 10131–10137 10301–10229; 124–10301–10230; 124– 10308–10157; 124–10308–10158; 124– 10301–10231; 124–10301–10232; 124– 10308–10160; 124–10308–10161; 124– After consultation with appropriate 10301–10233; 124–10301–10234; 124– 20200–10054; 124–90021–10002; 124– Federal agencies, the Review Board 10301–10235; 124–10301–10236; 124– 90021–10005; 124–90021–10011; 124– announces that the following United 10301–10237; 124–10301–10238; 124– 90021–10016; 124–90021–10017; 124– States Army records are now being 10301–10239; 124–10301–10240; 124– 90021–10018; 124–90021–10029; 124– opened in full: 10301–10241; 124–10301–10242; 124– 90021–10030; 124–90021–10032; 124– 10301–10243; 124–10301–10244; 124– 90021–10040; 124–90021–10042; 124– 198–10004–10021; 198–10004–10022; 198– 10301–10245; 124–10301–10246; 124– 90021–10053; 124–90021–10056; 124– 10004–10024; 198–10004–10025; 198– 10301–10247; 124–10301–10248; 124– 90021–10057; 124–90021–10058; 124– 10004–10030; 198–10004–10031; 198– 10301–10249; 124–10301–10250; 124– 90021–10072; 124–90021–10074; 124– 10004–10033; 198–10004–10034; 198– 10301–10251; 124–10301–10252; 124– 90021–10075; 124–90021–10076 10004–10035; 198–10004–10036; 198– 67344 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

10004–10037; 198–10004–10041; 198– 202–10002–10000; 202–10002–10001; 202– Dated at Washington, DC, December 16, 10004–10042; 198–10004–10043; 198– 10002–10002; 202–10002–10003; 202– 1997. 10004–10044; 198–10004–10045; 198– 10002–10004; 202–10002–10013; 202– Carol-Lee Hurley, 10004–10046; 198–10004–10047; 198– 10002–10027; 202–10002–10030; 202– Chief, Regional Programs Coordination Unit. 10004–10048; 198–10004–10049; 198– 10002–10048; 202–10002–10049; 202– 10004–10050; 198–10004–10051; 198– 10002–10050; 202–10002–10051; 202– [FR Doc. 97–33559 Filed 12–23–97; 8:45 am] 10004–10052; 198–10004–10054; 198– 10002–10052; 202–10002–10053; 202– BILLING CODE 6335±01±P 10004–10055; 198–10004–10056; 198– 10002–10054; 202–10002–10055; 202– 10004–10058; 198–10004–10059; 198– 10002–10056; 202–10002–10058; 202– 10004–10062; 198–10004–10064; 198– 10002–10059; 202–10002–10060; 202– COMMISSION ON CIVIL RIGHTS 10004–10065; 198–10004–10066; 198– 10002–10061; 202–10002–10062; 202– 10004–10067; 198–10004–10068; 198– 10002–10063; 202–10002–10064; 202– Agenda and Notice of Public Meeting 10004–10069; 198–10004–10070; 198– 10002–10067; 202–10002–10068; 202– of the Pennsylvania Advisory 10004–10071; 198–10004–10072; 198– 10002–10069; 202–10002–10070; 202– Committee 10004–10073; 198–10004–10074; 198– 10002–10071; 202–10002–10072; 202– 10004–10077; 198–10004–10078; 198– 10002–10073; 202–10002–10074; 202– Notice is hereby given, pursuant to 10004–10079; 198–10004–10081; 198– 10002–10075; 202–10002–10076; 202– the provisions of the rules and 10004–10082; 198–10004–10083; 198– 10002–10077; 202–10002–10080; 202– 10004–10084; 198–10004–10085; 198– regulations of the U.S. Commission on 10002–10081; 202–10002–10082; 202– Civil Rights, that a meeting of the 10004–10086; 198–10004–10087; 198– 10002–10085; 202–10002–10087; 202– 10004–10088; 198–10004–10090; 198– Pennsylvania Advisory Committee to 10002–10089; 202–10002–10090; 202– 10004–10091; 198–10004–10093; 198– 10002–10091; 202–10002–10092; 202– the Commission will convene at 12:30 10004–10094; 198–10004–10095; 198– 10002–10093; 202–10002–10095; 202– p.m. and adjourn at 4:45 p.m. on 10004–10096; 198–10004–10098; 198– 10002–10096; 202–10002–10098; 202– Thursday, January 15, 1998, at the 10004–10099; 198–10004–10101; 198– General Services Administration, 10004–10102; 198–10004–10103; 198– 10002–10099; 202–10002–10109; 202– 10004–10104; 198–10004–10105; 198– 10002–10110; 202–10002–10111; 202– Wannamaker Building, Room 854, 100 10004–10107; 198–10004–10108; 198– 10002–10113. Penn Square East, Philadelphia, 10004–10111; 198–10004–10113; 198– Dated: December 19, 1997. Pennsylvania 19107. The purpose of the 10004–10114; 198–10004–10115; 198– T. Jeremy Gunn, meeting is to provide an orientation 10004–10116; 198–10004–10118; 198– Executive Director. session for new members and to plan a 10004–10119; 198–10004–10120; 198– future briefing on barriers confronting 10004–10121; 198–10004–10122; 198– [FR Doc. 97–33529 Filed 12–23–97; 8:45 am] BILLING CODE 6118±01±P women and minority business owners. 10004–10123; 198–10004–10124; 198– Persons desiring additional 10004–10125; 198–10004–10127; 198– 10004–10128; 198–10004–10129; 198– information, or planning a presentation 10004–10130; 198–10004–10132; 198– to the Committee, should contact 10004–10133; 198–10004–10134; 198– COMMISSION ON CIVIL RIGHTS Committee Chairperson Sieglinde 10004–10136; 198–10004–10137; 198– Shapiro, 215–204–6749, or Ki-Taek 10004–10138; 198–10004–10139; 198– Agenda and Notice of Public Meeting Chun, Director of the Eastern Regional 10004–10140; 198–10004–10141; 198– of the New York Advisory Committee Office, 202–376–7533 (TDD 202–376– 10004–10142; 198–10004–10145; 198– 8116). Hearing-impaired persons who 10004–10146; 198–10004–10149; 198– Notice is hereby given, pursuant to will attend the meeting and require the 10004–10151; 198–10004–10152; 198– the provisions of the rules and services of a sign language interpreter 10004–10154; 198–10004–10155; 198– regulations of the U.S. Commission on 10004–10158; 198–10004–10159; 198– should contact the Regional Office at 10004–10160; 198–10004–10161; 198– Civil Rights, that a meeting of the New least ten (10) working days before the 10004–10162; 198–10004–10163; 198– York Advisory Committee to the scheduled date of the meeting. 10004–10164; 198–10004–10165; 198– Commission will convene at 9:00 a.m. The meeting will be conducted 10004–10166; 198–10004–10167; 198– and adjourn at 12:30 p.m. on Thursday, pursuant to the provisions of the rules 10004–10169; 198–10004–10170; 198– January 22, 1998, at the Graduate School and regulations of the Commission. 10004–10171; 198–10004–10172; 198– and University Center of City University 10004–10173; 198–10004–10174; 198– of New York, President’s Conference Dated at Washington, DC, December 15, 1997. 10004–10175; 198–10004–10176; 198– Room, 18th Floor, 33 West 42nd Street, 10004–10177; 198–10004–10178; 198– New York, NY 10011. The purpose of Carol-Lee Hurley, 10004–10179; 198–10004–10180; 198– Chief, Regional Programs Coordination Unit. 10004–10181; 198–10004–10182; 198– the meeting is to discuss the police- [FR Doc. 97–33558 Filed 12–23–97; 8:45 am] 10004–10183; 198–10004–10184; 198– community relations briefing and the 10004–10185; 198–10004–10186; 198– section 8 housing report. BILLING CODE 6335±01±P 10004–10187; 198–10004–10188; 198– Persons desiring additional 10004–10189; 198–10004–10190; 198– information, or planning a presentation 10004–10191; 198–10004–10192; 198– to the Committee, should contact COMMISSION ON CIVIL RIGHTS 10004–10193; 198–10004–10194; 198– Committee Chairperson M.D. Taracido, 10004–10197; 198–10004–10198; 198– Agenda and Notice of Public Meeting 10004–10201; 198–10004–10202; 198– 212–645–8999, or Ki-Taek Chun, of the Wyoming Advisory Committee 10005–10001; 198–10005–10002; 198– Director of the Eastern Regional Office, 10005–10003; 198–10005–10004; 198– 202–376–7533 (TDD 202–376–8116). Notice is hereby given, pursuant to 10005–10005; 198–10005–10006; 198– Hearing-impaired persons who will the provisions of the rules and 10005–10007; 198–10005–10008; 198– attend the meeting and require the regulations of the U.S. Commission on 10005–10009; 198–10005–10010; 198– services of a sign language interpreter Civil Rights, that a meeting of the 10005–10011 should contact the Regional Office at Wyoming Advisory Committee to the After consultation with appropriate least ten (10) working days before the Commission will convene at 10:00 a.m. Federal agencies, the Review Board scheduled date of the meeting. and adjourn at 1:00 p.m. on Saturday, announces that the following Joint The meeting will be conducted January 17, 1998, at the Hitching Post Chiefs of Staff records are now being pursuant to the provisions of the rules Inn, 1700 West Lincolnway, Cheyenne, opened in full: and regulations of the Commission. Wyoming 82001. The purpose of the Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67345 meeting is to brief the Committee on the Trade and Tariff Act of 1930, as SUPPLEMENTARY INFORMATION: Commission and regional programs and amended by the Uruguay Round Applicable Statute and Regulations approve plans for future activities. Agreements Act of 1994. See Persons desiring additional memorandum to Robert S. LaRussa from The Department of Commerce (the information, or planning a presentation Joseph A. Spetrini regarding the Department) has now amended the final to the Committee, should contact John extension of the case deadline, dated results of this administrative review in Dulles, Director of the Rocky Mountain December 16, 1997. accordance with section 751 of the Regional Office, 303–866–1400 (TDD This extension is in accordance with Tariff Act of 1930, as amended (the Act). 303–866–1049). Hearing-impaired 751(a)(3)(A) of the Tariff Act of 1930, as Unless otherwise indicated, all citations persons who will attend the meeting amended (19 U.S.C. 1675(a)(3)(A)). to the Act are references to the provisions effective January 1, 1995, the and require the services of a sign Dated: December 16, 1997. language interpreter should contact the effective date of the amendments made Joseph A. Spetrini, to the Act by the Uruguay Round Regional Office at least ten (10) working Deputy Assistant Secretary, Enforcement days before the scheduled date of the Agreements Act. In addition, unless Group III. otherwise indicated, all references to the meeting. [FR Doc. 97–33605 Filed 12–23–97; 8:45 am] The meeting will be conducted Department’s regulations are to the pursuant to the provisions of the rules BILLING CODE 3510±DS±M regulations set forth at 19 CFR part 353 and regulations of the Commission. (1997). Dated at Washington, DC, December 15, DEPARTMENT OF COMMERCE Scope of Review 1997. The merchandise subject to this International Trade Administration Carol-Lee Hurley, review is roller chain, other than Chief, Regional Programs Coordination Unit. Notice of Amended Final Results of bicycle, from Japan. The term ‘‘roller [FR Doc. 97–33557 Filed 12–23–97; 8:45 am] Antidumping Duty Administrative chain, other than bicycle,’’ as used in BILLING CODE 6335±01±P Review: Roller Chain, Other Than this review, includes chain, with or Bicycle, From Japan (A±588±028) without attachments, whether or not plated or coated, and whether or not DEPARTMENT OF COMMERCE AGENCY: Import Administration, manufactured to American or British International Trade Administration, standards, which is used for power International Trade Administration Department of Commerce. transmissions and/or conveyance. This [A±351±817] ACTION: Amended final results of chain consists of a series of alternately- antidumping duty administrative order. assembled roller links and pin links in Certain Cut-to-Length Carbon Steel which the pins articulate inside from SUMMARY: On November 10, 1997, the Plate from Brazil: Antidumping Duty the bushings and the rollers are free to Department of Commerce published the Administrative Review: Extension of turn on the bushings. Pins and bushings final results of its administrative review Time Limit are press fit in their respective link of the antidumping duty order on roller plates. Chain may be single strand, AGENCY: Import Administration, chain, other than bicycle, from Japan. having one row of roller links, or International Trade Administration, This review covered six manufacturers/ multiple strand, having more than one Department of Commerce. exporters of roller chain in Japan during row of roller links. The center plates are ACTION: Notice of extension of time the period April 1, 1995, through March located between the strands of roller limit. 31, 1996: (1) Daido Kogyo Co., Ltd. links. Such chain may be either single (Daido); (2) Enuma Chain Mfg. Co., Ltd. or double pitch and may be used as SUMMARY: The Department of Commerce (Enuma); (3) Izumi Chain Manufacturing (the Department) is extending the time power transmission or conveyor chain. Co., Ltd. (Izumi); (4) Hitachi Metals This review also covers leaf chain, limit of the final results of the Techno Ltd. (Hitachi); (5) Pulton Chain antidumping duty administrative review which consists of a series of link plates Co., Ltd. (Pulton); and (6) R.K. Excel alternately assembled with pins in such of Certain Cut-to-Length Carbon Steel Co., Ltd. (RK) (collectively, the Plate from Brazil. This review covers the a way that the joint is free to articulate respondents). between adjoining pitches. This review period August 1, 1995 through July 31, Interested parties submitted 1996. further covers chain model numbers 25 ministerial error allegations with respect and 35. Roller chain is currently EFFECTIVE DATE: December 24, 1997. to the final results of administrative classified under the Harmonized Tariff FOR FURTHER INFORMATION CONTACT: review for Daido and Enuma on Schedule of the United States (HTSUS) Samantha Denenberg or Linda Ludwig, November 17, 1997. Based on the subheading 7315.11.00 through Office of AD/CVD Enforcement, Group correction of certain ministerial errors 7619.90.00. Although the HTSUS III, Import Administration, International made in the final results of review, we subheadings are provided for Trade Administration, U.S. Department are amending our final results of review convenience and Customs purposes, the of Commerce, 14th Street and with respect to Daido and Enuma. written description remains dispositive. Constitution Avenue, N.W., EFFECTIVE DATE: December 24, 1997. Washington, D.C.; telephone (202) 482– FOR FURTHER INFORMATION CONTACT: Ron Background 0414 or 482–3833, respectively. Trentham or Jack Dulberger, AD/CVD On November 10, 1997, we published SUPPLEMENTARY INFORMATION: Due to the Enforcement Group II, Office Four, in the Federal Register our notice of complexity of issues involved in this Import Administration, International final results of administrative review of case, it is not practicable to complete Trade Administration, U.S. Department the antidumping duty order on roller this review within the original time of Commerce, 14th Street and chain, other than bicycle, from Japan limit. The Department is extending the Constitution Avenue, N.W., (Notice of Final Results and Partial time limit for completion of the final Washington, D.C. 20230; telephone: Recission of Antidumping Duty results until March 8, 1998, in (202) 482–4793 and (202) 482–5505, Administrative Review: Roller Chain, accordance with Section 751(a)(3)(A) of respectively. Other than Bicycle, from Japan (62 FR 67346 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

60472, November 10, 1997) (Roller two of the three previously unmatched administrative review for errors Chain Final FR Notice)). U.S. sales identified by Enuma in its committed by a party to the proceeding. On November 17, 1997, two of the November 17, 1997, clerical error Consequently, we made no revision to respondents in the above-referenced allegation and an additional unmatched Enuma’s margin calculation with regard review, Enuma and Daido, submitted U.S. sale not identified by Enuma. The to Enuma’s alleged error. timely written allegations that the third U.S. sale identified by Enuma Department made certain ministerial could not be matched to the home Daido errors in the above-referenced market sale identified by Enuma Issue 1: Unmatched U.S. Sales— administrative review. Enuma alleged because the home market sale was a sale Computer Searching Error two ministerial errors with respect to to an affiliated customer which was Daido states that the Department the following: (1) unmatched identical determined not to be at arm’s length and incorrectly applied the 90–60 day models within the 90–60 day rule was subsequently excluded from our window in its attempt to match U.S. and period and (2) a data input error by analysis. See Roller Chain Final FR home market sales of identical or respondent in the sales database. Daido Notice. alleged five ministerial errors with similar merchandise within the respect to the following three issues: (1) Issue 2: Unmatched U.S. Sales— contemporaneous time period. unmatched identical models within the Computer Input Error Specifically, Daido states that the 90–60 day rule period, (2) unmatched In two instances, Enuma states that it Department only applied the 90–60 day U.S. sales with identical sales in the inadvertently assigned slightly different rule in a forward direction (i.e., 60 days home market database, and (3) data control numbers for the same products forward), but did not search for home input errors by respondent in the sales on its home market and U.S. sales tapes. market sales 90 days prior to the date of database. Petitioner did not allege the In the first instance, Enuma states that the U.S. sale. As a result, Daido existence of ministerial errors, nor has an extra digit was mistakenly added to maintains that numerous sales were petitioner commented on respondent’s the end of a home market control designated as unmatched U.S. sales. allegations. For a complete discussion of number. In the other, Enuma states that DOC Position: We agree with Daido the allegations, see the Department’s an extra digit was added to the end of and have corrected this ministerial December 17, 1997, Decision a U.S. control number. As a result, error. After review of Daido’s margin Memorandum Re: Ministerial Error Enuma argues that U.S. sales that program, we found that we Allegation in the Antidumping should have had identical home market inadvertently failed to include a step in Administrative Review on Roller Chain, matches went unmatched. Enuma the product matching section of the Other than Bicycle, from Japan (95–96). requests that we revise the control program. This resulted in a failure to As discussed below, in accordance numbers for those two models so that properly search for home market sales with 19 CFR 353.28(d), we have the control numbers on both the home 90 days prior to the date of the U.S. sale. determined that certain ministerial market and U.S. sales tapes are Correcting the margin program resulted errors were made in our margin identical. in matching previously unmatched U.S. calculations for Enuma and Daido. DOC Position: Section 751(h) of the sales as identified by Daido in its Tariff Act of 1930, as amended (the Act), November 17, 1997, clerical error Alleged Ministerial Errors authorizes the Department to establish allegation. procedures for the correction of Enuma Issue 2: Unmatched U.S. Sales with ministerial errors in final Identical Sales in the Home Market Issue 1: Unmatched U.S. Sales— determinations. Section 751(h) provides Database Computer Searching Error that the term ‘‘ministerial’’ error Enuma states that the Department includes errors in addition, subtraction, Daido states that its home market incorrectly identified three U.S. sales as or other arithmetic function, clerical portion of its questionnaire response not having a home market match within errors resulting from inaccurate contained two matching control number the comparison period (i.e., the 90–60 copying, duplication, or the like, and fields—one for CEP sales matching day period). Enuma contends that the any other type of unintentional error purposes and another for EP sales printout of its November 15, 1996, sales which the administering authority matching purposes. Daido claims that it tape, which the Department used in its considers ministerial. was necessary to report two control final results calculations, shows home The Department’s implementing number fields in the database because, market sales of the identical model, regulations at 19 CFR 353.28 establish depending on the type of transaction during the 90–60 day period for these which errors the Department considers (i.e., CEP or EP), there were different three sales. Enuma requests that the ministerial. A ‘‘ministerial error’’ is codes applied to identical merchandise. Department correct this error and to defined under 19 CFR 353.28 as: an Daido states that the Department review its program to determine if any error in addition, subtraction, or other correctly matched CEP sales against other currently designated unmatched arithmetic function, clerical error sales with an identical control number U.S. sales have matches and to revise resulting from inaccurate copying, in the home market control number the dumping margins accordingly. duplication, or the like, and any other field corresponding to CEP sales. DOC Position: We agree with Enuma type of unintentional error which the However, Daido argues that, the and have corrected this ministerial Secretary considers ministerial. Department failed to match EP sales error. After review of Enuma’s margin The Department interprets the with an identical control number in the program, we found that we authority granted to it by Section 751(h) home market control number field inadvertently failed to include a step in of the Act as allowing the Department corresponding to EP sales. Daido claims the product matching section of the to make post-final results corrections that this failure resulted in the program. This resulted in a failure to only for its own (‘‘ministerial’’) errors. Department designating these sales as properly identify all home market sales See Preamble of 19 CFR § 351.224 unmatched. of the identical model during the 90–60 (emphasis in original). Therefore, the DOC Position: We agree with Daido day window period. Correction of the Department does not believe that it may and have corrected this ministerial margin program resulted in matching make corrections after final results of error. After review of Daido’s margin Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67347 program, we found that we The Department shall determine, and Tariff Act (19 U.S.C. 1675(a)(1) and 19 inadvertently failed to include a step in the U.S. Customs Service shall assess, CFR 353.28(c). the product matching section of the antidumping duties on all appropriate Dated: December 17, 1997. entries. The Department will issue program. This resulted in a failure to Robert S. LaRussa, properly search for identical control appraisement instructions concerning the respondent directly to the U.S. Assistant Secretary for Import numbers in both of the home market Administration. control number fields for a given U.S. Customs Service. [FR Doc. 97–33606 Filed 12–23–97; 8:45 am] sale. Correcting the margin program Furthermore, the following cash resulted in matching previously deposit requirements will be effective BILLING CODE 3510±DS±P unmatched U.S. sales as identified by for all shipments of the subject Daido in its November 17, 1997, clerical merchandise entered, or withdrawn error allegation. from warehouse, for consumption on or DEPARTMENT OF DEFENSE after the publication date of these Issue 3: Unmatched U.S. Sales— amended final results of administrative Office of the Secretary Computer Input Error by Respondent review, as provided for by section Proposed Collection; Comment 751(a)(1) of the Act: (1) the cash deposit Daido states that, in three instances, it Request rate for each reviewed company named inadvertently assigned slightly different above will be the rate as stated above; AGENCY: control numbers for the same products Office of the Under Secretary of (2) for previously investigated or on its home market and U.S. sales tapes. Defense (Personnel and Readiness). reviewed companies not listed above, ACTION: Notice. Specifically, in the first instance, Daido the cash deposit rate will continue to be states that it made home market sales of the company-specific rate published for In compliance with Section 3506 a model identical to one sold in the the most recent period; (3) if the (c)(2)(A) of the Paperwork Reduction United States. However, Daido states exporter is not a firm covered in this Act of 1995, the office of the Under that although the digits in the control review, or the original LTFV Secretary of Defense (Personnel and number are exactly the same in the U.S. investigation, but the manufacturer is, Readiness) announces the following and home market sales tapes, it the cash deposit rate will be the rate proposed reinstatement of a public inadvertently coded the home market established for the most recent period information collection and seeks public model with a space in the middle. In the for the manufacturer of the comment on the provisions thereof. second instance, Daido claims that an merchandise; and (4) if neither the Comments are invited on: (a) whether extra digit was mistakenly added to the exporter nor the manufacturer is a firm the proposed collection of information end of a home market control number. covered in this review, the cash deposit is necessary for the proper performance In the final instance, Daido maintains rate for all other manufacturers or of the functions of the agency, including that although for one model the control exporters will be 15.92 percent, the All whether the information shall have number in the U.S. sales listing differs Others rate based on the first review practical utility; (b) the accuracy of the from the control number in the home conducted by the Department in which agency’s estimate of burden of the market sales listing by one digit (i.e., the a ‘‘new shipper’’ rate was established in proposed information collection; (c) use of a ‘‘C’’ in the home market and a the final results of antidumping ways to enhance the quality, utility, and ‘‘D’’ in the United States), the products administrative review (48 FR 51801, clarity of the information to be are identical. As a result of these three November 14, 1983). collected; and (d) ways to minimize the errors, certain U.S. sales went This notice serves as the final burden of the collection on respondents, unmatched. Daido requests that we reminder to importers of their including through the use of automated revise the matching control numbers in responsibility under 19 CFR 353.26 to collection techniques or other forms of the three instances listed above so that file a certificate regarding the information technology. the control numbers on both the home reimbursement of antidumping duties DATES: Consideration will be given to all market and U.S. sales tapes are prior to liquidation of the relevant comments received by 13 February identical. entries during this review period. 1998. DOC Position: The Department does Failure to comply with this requirement ADDRESSES: Written comments and not believe that it may make corrections could result in the Secretary’s recommendations on the proposed after final results of administrative presumption that reimbursement of information collection should be sent to review for errors committed by a party antidumping duties occurred and the Department of the Army, Hq DAO to the proceeding. (See Enuma issue subsequent assessment of double ODCSPER (DAPE–PRO) ATTN: Mr. number 2). Consequently, we made no antidumping duties. Robbie Robinson, 4000 Defense revision to Daido’s margin calculation This notice also serves as a reminder Pentagon, Washington, DC 20301–0300. with regard to these alleged errors. to parties subject to administrative protective order (APO) of their FOR FURTHER INFORMATION CONTACT: To Amended Final Results responsibility concerning the request more information on this disposition of proprietary information proposed information collection or to As a result of our correction of the disclosed under APO in accordance obtain a copy of the proposal and ministerial errors, we have determined with 19 CFR 353.34(d). Timely written associated collection instruments, the following amended margins exist for notification of return/destruction of please write to the above address or call Enuma and Daido for the period April APO materials or conversion to judicial at (703) 614–4766. 1, 1995 through March 31, 1996: protective order is hereby requested. Title, Associated Form, and OMB Failure to comply with the regulations Control Number: Repatriation Manufacturer/exporter Percentage* and the terms of the APO is a Processing Center Processing Sheet, DD Daido ...... 3.09 sanctionable violation. Form 2585, OMB Number 0704–0334. Enuma ...... 1.55 These amended final results of Needs and Uses: This information administrative review and notice are in collection is necessary for personnel * Amended Weighted-Average Margin accordance with section 751(a)(1) of the accountability of all evacuees, 67348 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices regardless of nationality, who are responsibilities during emergency State, Health and Human Services, the processed through designated situations. In its supporting role to the American Red Cross, and State Repatriation Centers throughout the Departments of State and Health and government emergency planning offices United States. The information obtained Human Services (DHHS), the for operational inquiries and reporting from the DD Form 2585 is entered into Department of Defense will assist in and future planning purposes. an automated system; a series of reports planning for the protection, evacuation Dated: December 18, 1997. are accessible to DoD Components, and repatriation of U.S. citizens in L.M. Bynum, Federal and State Agencies, and Red threatened areas overseas. The DD Form Cross as required. 2585, Repatriation Processing Center Alternate OSD Federal Register Liaison Officer, Department of Defense. Affected Public: Individuals or Processing Sheet, has numerous [FR Doc. 97–33541 Filed 12–23–97; 8:45 am] households, Federal Government; State functions, but is primarily used for and local governments; not-for-profit personnelaccountability of all evacuees BILLING CODE 5000±04±M institutions. Annual Burden Hours: 1,667. who process through designated Repatriation Centers. During processing, Number of Respondents: 5,000. DEPARTMENT OF DEFENSE Responses Per Respondent: One. evacuees are provided emergency Average Burden per Response: 20 human services, including food, Department of the Air Force Minutes. clothing lodging, family reunification, Frequency: One-time. social services and financial assistance Air Force In-Progress A±76 Cost through federal entitlements, loans, or SUPPLEMENTARY INFORMATION: Comparisons and Direct Conversions emergency aid organizations. The (As of October 1, 1997) Summary of Information Collection information, once collected, is input Executive Order 12636 (Assignment into the Repatriation Automated The Force is conducting the following of Emergency Preparedness Accounting and Reporting System, and cost comparisons direct conversions in Responsiblitis) assigns Federal available to designated offices accordance with OMB Circular A–76, departments and agencies throughout Departments of Defense, Performance of Commercial Activities.

Total an- nounced Public an- Solicitation Installation State Cost comparison function(s) authoriza- nouncement scheduled tions date for

Cost Comparisons

EIELSON AFB ...... AK MISC SERVICES ...... 11 11/17/95 07/07/98 EIELSON AFB ...... AK ADMIN TELEPHONE PBX ...... 10 10/18/96 07/01/98 ELMENDORF AFB ...... AK POWER PRODUCTION ...... 36 09/22/95 06/15/97 ELMENDORF AFB ...... AK MILITARY FAM HSG MGMT ...... 22 09/19/96 02/02/98 ELMENDORF AFB ...... AK ADMIN TELEPHONE PBX ...... 16 07/09/97 02/01/98 EDWARDS AFB ...... CA BASE SUPPLY ...... 327 05/02/96 05/12/97 LOS ANGELES AFS ...... CA COMMUNICATION FUNCTIONS ...... 13 07/01/96 04/30/97 LOS ANGELES AFS ...... CA EDUCATION SERVICES ...... 28 07/01/96 07/01/97 LOS ANGELES AFS ...... CA COMM O&M FUNCTIONS ...... 85 07/01/97 07/30/98 LOS ANGELES AFS ...... CA HOUSING MANAGEMENT ...... 10 07/01/97 07/30/98 LOS ANGELES AFS ...... CA SERVICES ACTIVITIES ...... 8 07/01/97 07/30/98 MARCH AFB ...... CA AIRFIELD OPS & WEATHER ...... 41 06/13/96 12/30/98 MARCH AFB ...... CA TRANSIENT AIRCRAFT MAINT ...... 0 06/13/96 08/30/97 MARCH AFB ...... CA BASE OPERATING SUPPORT ...... 237 06/13/96 02/08/99 ONIZUKA AFS ...... CA UTILITIES PLANT ...... 25 05/06/96 11/01/97 TRAVIS AFB ...... CA MIL FAM HSG MAINT ...... 38 05/05/97 06/25/97 VANDENBERG AFB ...... CA BASE OPERATING SUPPORT ...... 217 07/29/96 10/30/97 VANDENBERG AFB ...... CA STRUCTURAL MAINTENANCE ...... 32 05/06/96 10/30/97 VANDENBERG AFB ...... CA CE MATERIAL ACQUISITION ...... 12 05/06/96 10/30/97 VANDENBERG AFB ...... CA HOUSING MANAGEMENT ...... 14 07/29/96 11/01/97 VANDENBERG AFB ...... CA CIVIL ENGINEERING ...... 5 07/29/96 11/01/97 BUCKLEY ANGB ...... CO AIRFIELD MANAGEMENT ...... 37 03/22/95 01/01/98 FALCON AFB ...... CO UTILITIES PLANT ...... 22 05/06/96 11/01/97 PETERSON AFB ...... CO BASE OPERATING SUPPORT ...... 179 07/29/96 07/03/97 PETERSON AFB ...... CO CE MATERIAL ACQUISITION ...... 8 07/29/96 01/09/98 USAF ACADEMY ...... CO MESS ATTENDANTS ...... 170 03/10/97 11/03/97 DOVER AFB ...... DE TRANS ACFT MAINT/AGE ...... 24 09/05/97 06/02/98 EGLIN AFB ...... FL CIVIL ENGINEERING ...... 96 12/03/96 04/15/98 HOMESTEAD AFB ...... FL AIRFIELD OPS & WEATHER ...... 25 06/13/96 04/13/99 HOMESTEAD AFB ...... FL BASE OPERATING SUPPORT ...... 149 06/13/96 06/10/99 HURLBURT COM FL ...... FL GROUNDS MAINTENANCE ...... 11 08/08/96 07/09/97 HURLBURT COM FL ...... FL TRANSIENT AIRCRAFT MAINT ...... 11 08/08/96 06/09/97 HURLBURT COM FL ...... FL ENVIROMENTAL ...... 13 09/23/97 07/20/98 PATRICK AFB ...... FL BASE OPERATING SUPPORT ...... 148 07/29/96 11/15/97 PATRICK AFB ...... FL HOUSING MANAGEMENT ...... 7 07/29/96 11/01/97 DOBBINS AFB ...... GA CONTROL TOWER OPERATIONS ...... 33 06/13/96 07/13/97 DOBBINS AFB ...... GA COMMUNICATION FUNCTIONS ...... 0 06/13/96 07/13/97 DOBBINS AFB ...... GA WEATHER SERVICES ...... 0 06/13/96 07/13/97 DOBBINS AFB ...... GA BASE OPERATING SUPPORT ...... 127 06/13/96 07/13/97 ROBINS AFB ...... GA AUDIOVISUAL ...... 42 05/02/96 03/18/97 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67349

Total an- nounced Public an- Solicitation Installation State Cost comparison function(s) authoriza- nouncement scheduled tions date for

ROBINS AFB ...... GA MIL FAM HSG MAINT ...... 12 05/02/96 05/09/97 ROBINS AFB ...... GA EDUCATION SERVICES ...... 29 02/28/97 12/15/97 RAMSTEIN AB ...... GERMY MESS ATTENDANTS ...... 33 04/02/96 08/22/97 RAMSTEIN AB ...... GERMY MIL FAM HSG MAINT ...... 129 06/19/97 03/01/98 RAMSTEIN AB ...... GERMY PMEL ...... 79 05/06/97 01/01/98 SPANGDAHLEM AB ...... GERMY MESS ATTENDANTS ...... 16 04/02/96 08/22/97 ANDERSEN AFB ...... GUAM ADMIN TELEPHONE PBX ...... 10 07/09/97 10/01/98 HICKAM AFB ...... HI BASE OPERATING SUPPORT ...... 528 03/11/97 10/30/97 SCOTT AFB ...... IL BASE SUPPLY ...... 106 06/03/97 08/28/98 GRISSOM ARB ...... IN AIRFIELD OPS & WEATHER ...... 35 06/13/96 02/11/98 GRISSOM ARB ...... IN TRANSIENT AIRCRAFT MAINT ...... 0 06/13/96 09/28/97 GRISSOM ARB ...... IN BASE OPERATING SUPPORT ...... 170 06/13/96 10/10/98 NEW ORLEANS NAS ...... LA BASE OPERATING SUPPORT ...... 66 06/13/96 08/10/99 HANSCOM AFB ...... MS AUDIOVISUAL ...... 19 05/02/96 02/28/97 HANSCOM AFB ...... MS VEHICLE O&M ...... 64 05/02/96 02/28/97 HANSCOM AFB ...... MS LABORATORY SPT SERVICES ...... 14 05/02/96 08/06/97 HANSCOM AFB ...... MS COMMUNICATION FUNCTIONS ...... 93 02/28/97 12/15/97 HANSCOM AFB ...... MS DATA PROCESSING ...... 18 02/28/97 12/15/97 WESTOVER AFB ...... MS CONTROL TOWER OPERATIONS ...... 19 06/13/96 08/31/97 WESTOVER AFB ...... MS WEATHER SERVICES ...... 0 06/13/96 08/31/97 WESTOVER AFB ...... MS BASE OPERATING SUPPORT ...... 210 06/13/96 02/08/98 MINN/ST PAUL ...... MN COMMUNICATION FUNCTIONS ...... 0 06/13/96 11/13/97 MINN/ST PAUL ...... MN BASE OPERATING SUPPORT ...... 104 06/13/96 04/10/98 COLUMBUS AFB ...... MS BASE OPERATING SUPPORT ...... 341 05/24/93 07/18/96 KEESLER AFB ...... MS TECH TRNG CTR EQ MAINT ...... 253 06/13/96 08/25/97 ANDREWS AFB ...... MD ACFT MAINT & SUPPLY ...... 702 07/25/97 12/21/98 MALMSTROM AFB ...... MT BASE SUPPLY ...... 150 05/06/96 11/03/97 MULTIPLE INSTLNS ...... MULT TECH TNG-ELECT PRIN TNG ...... 157 12/03/96 09/12/97 MULTIPLE INSTLNS ...... MULT ADMIN SWITCHBOARD ...... 59 06/19/97 03/01/98 MULTIPLE INSTLNS ...... MULT GENERAL LIBRARY ...... 19 07/29/97 04/01/98 McGUIRE AFB ...... NJ MIL FAM HSG MAINT ...... 19 09/28/95 06/30/97 CANNON AFB ...... NM MIL FAM HSG MAINT ...... 21 04/16/96 07/23/97 HOLLOMAN AFB ...... NM MIL FAM HSG MAINT ...... 66 05/12/97 03/07/98 KIRTLAND AFB ...... NM BASE SUPPLY ...... 170 05/02/96 07/01/97 KIRTLAND AFB ...... NM PMEL ...... 51 05/02/96 08/06/97 KIRTLAND AFB ...... NM COMMUNICATION FUNCTIONS ...... 54 04/29/97 02/02/98 NIAGRA FALLS IAP ...... NY WEATHER SERVICES ...... 4 06/13/96 09/30/97 NIAGRA FALLS IAP ...... NY BASE OPERATING SUPPORT ...... 39 06/13/96 12/01/97 OFFUTT AFB ...... NE HEATING SYSTEMS ...... 30 01/27/97 12/01/97 WRIGHT PATTERSON ...... OH BASE OPERATING SUPPORT ...... 632 05/02/96 08/27/97 WRIGHT PATTERSON ...... OH ACADEMIC & PLATFORM INSTRS ...... 115 08/15/97 07/30/98 WRIGHT PATTERSON ...... OH CIVIL ENGINEERING ...... 698 08/15/97 04/15/98 YOUNGSTOWN MUNI ...... OH BASE OPERATING SUPPORT ...... 102 06/13/96 06/10/98 TINKER AFB ...... OK COMMUNICATION FUNCTIONS ...... 138 05/02/96 08/14/97 TINKER AFB ...... OK CIVIL ENGINEERING ...... 567 04/15/97 02/13/98 GREATER PITTSBURG ...... PA BASE OPERATING SUPPORT ...... 111 06/13/96 12/10/98 WILLOW GROVE NAS ...... PA BASE OPERATING SUPPORT ...... 78 06/13/96 08/10/98 CHARLESTON AFB ...... SC AUDIOVISUAL ...... 13 06/06/97 06/05/98 SHAW AFB ...... SC MIL FAM HSG MAINT ...... 33 07/09/97 12/10/97 BROOKS AFB ...... TX LABORATORY SPT SERVICES ...... 44 05/02/96 07/25/97 CARSWELL AFB ...... TX BASE OPERATING SUPPORT ...... 91 06/13/96 04/10/99 LACKLAND AFB ...... TX GROUNDS MAINTENANCE ...... 16 06/22/95 10/15/96 LACKLAND AFB ...... TX ANIMAL CARETAKING ...... 26 10/02/95 01/30/97 SHEPPARD AFB ...... TX TECH TRN-TELE SYSTEM ...... 16 10/01/96 05/23/97 HILL AFB ...... UT GROUNDS MAINTENANCE ...... 12 05/02/96 07/28/97 HILL AFB ...... UT RECREATIONAL SUPPORT ...... 7 05/02/96 01/24/98 HILL AFB ...... UT HEATING SYSTEMS ...... 38 04/29/97 02/13/98 McCHORD AFB ...... WA HEATING SYSTEMS ...... 11 09/23/97 09/17/98 McCHORD AFB ...... WA MIL FAM HSG MAINT ...... 15 09/23/97 09/17/98 GENERAL MITCHELL ...... WI BASE OPERATING SUPPORT ...... 93 06/13/96 12/11/97 F E WARREN AFB ...... WY BASE SUPPLY ...... 187 05/06/96 11/01/97 F E WARREN AFB ...... WY HEATING SYSTEMS ...... 18 05/06/96 11/01/97 Direct Conversions

EIELSON AFB ...... AK TRANSIENT AIRCRAFT MAINT ...... 14 10/18/96 07/01/98 DAVIS MONTHAN AFB ...... AZ GENERAL LIBRARY ...... 6 01/24/97 11/15/97 DAVIS MONTHAN AFB ...... AZ CIVIL ENGINEERING ...... 5 01/24/97 11/15/97 EDWARDS AFB ...... CA LABORATORY SUPPLY SPT ...... 10 06/04/97 10/01/97 LOS ANGELES AFS ...... CA PACKING & CRATING ...... 4 07/01/97 04/30/98 TRAVIS AFB ...... CA FURNISHINGS MANAGEMENT ...... 3 03/14/97 11/30/97 TRAVIS AFB ...... CA GENERAL LIBRARY ...... 6 03/14/97 11/14/97 67350 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Total an- nounced Public an- Solicitation Installation State Cost comparison function(s) authoriza- nouncement scheduled tions date for

TRAVIS AFB ...... CA PROTECTIVE COATING ...... 5 03/14/97 07/03/97 TRAVIS AFB ...... CA ENVIROMENTAL ...... 11 09/23/97 09/30/98 VANDENBERG AFB ...... CA CIVIL ENGINEERING ...... 9 07/29/96 11/01/97 FALCON AFB ...... CO COMM O&M ...... 205 05/06/96 11/01/97 FALCON AFB ...... CO SITE INTEGRATION & SPT ...... 144 05/06/96 10/15/97 PETERSON AFB ...... CO PMEL ...... 21 05/06/96 10/30/97 PETERSON AFB ...... CO QUAL ASSUR TRAINING ...... 1 05/06/96 11/15/97 PETERSON AFB ...... CO PACKING & CRATING ...... 9 09/10/97 09/01/98 DOVER AFB ...... DE FURNISHINGS MANAGEMENT ...... 2 03/14/97 11/13/97 DOVER AFB ...... DE PROTECTIVE COATING ...... 3 03/14/97 11/13/97 DOVER AFB ...... DE GENERAL LIBRARY ...... 5 05/09/97 01/04/98 MaxDILL AFB ...... FL GENERAL LIBRARY ...... 7 03/21/97 09/01/97 MaxDILL AFB ...... FL MEDICAL TRANSCRIP CTR ...... 4 06/03/97 10/03/97 PATRICK AFB ...... FL CE MATERIAL ACQUISITION ...... 6 05/06/96 10/30/97 PATRICK AFB ...... FL TRANS ACFT MAINT/AGE ...... 11 09/10/97 11/01/98 SCOTT AFB ...... IL GENERAL LIBRARY ...... 7 03/17/97 08/08/97 SCOTT AFB ...... IL GROUNDS MAINTENANCE ...... 3 03/17/97 10/01/97 SCOTT AFB ...... IL MEDICAL FACILITY MAINT ...... 8 03/17/97 10/15/97 AVIANO AB ...... ITALY WAR RESERVE MAT (WRM) ...... 30 08/16/96 MISAWA ...... JAPAN RANGE OPERATIONS ...... 10 07/01/96 11/13/97 McCONNELL AFB ...... KS GENERAL LIBRARY ...... 5 03/14/97 10/04/97 McCONNELL AFB ...... KS HEATING SYSTEMS ...... 9 03/14/97 10/04/97 OSAN AFB ...... KOREA RANGE O&M ...... 83 07/15/96 09/15/97 BARKSDALE AFB ...... LA GENERAL LIBRARY ...... 6 06/11/97 02/01/98 BARKSDALE AFB ...... LA CIVIL ENGINEERING ...... 6 06/11/97 02/01/98 KEESLER AFB ...... MS TECH TNG±HR SOLDERING ...... 2 04/01/96 07/21/97 ANDREWS AFB ...... MD LIBRARY ...... 5 03/14/97 08/20/97 ANDREWS AFB ...... MD MEDICAL FACILITY MAINT ...... 11 03/11/97 10/23/98 ANDREWS AFB ...... MD SOFTWARE PROGRAMMING ...... 23 06/18/97 07/28/98 MULTIPLE INSTLNS ...... MULT COMM O&M ...... 27 02/21/96 11/29/97 MULTIPLE INSTLNS ...... MULT MAINT DATA & T.O. LIBRARY ...... 67 07/29/96 09/30/97 SEYMOUR JOHNSON ...... NC GENERAL LIBRARY ...... 7 06/11/97 10/14/97 GRAND FORKS AFB ...... ND ADMIN SWITCHBOARD ...... 12 07/26/95 10/31/97 GRAND FORKS AFB ...... ND FURNISHINGS MANAGEMENT ...... 3 09/19/96 12/30/97 GRAND FORKS AFB ...... ND GENERAL LIBRARY ...... 5 03/11/97 12/01/97 MINOT AFB ...... ND HEATING SYSTEMS ...... 13 09/23/97 11/01/97 McGUIRE AFB ...... NJ GENERAL LIBRARY ...... 6 03/17/97 05/28/98 KIRTLAND AFB ...... NM DORMITORY MANAGEMENT ...... 6 02/28/97 08/01/97 OFFUTT AFB ...... NE HOSPITAL MAINTENANCE ...... 7 05/01/96 03/01/97 OFFUTT AFB ...... NE GENERAL LIBRARY ...... 6 11/15/96 02/14/97 OFFUTT AFB ...... NE PROTECTIVE COATING ...... 8 06/11/97 10/15/97 NELLIS AFB ...... NV WEAPONS SYS TRAINER OPNS ...... 14 06/12/97 11/07/97 TINKER AFB ...... OK GENERAL LIBRARY ...... 5 07/01/96 11/21/97 CHARLESTON AFB ...... SC GENERAL LIBRARY ...... 6 03/11/97 08/18/97 CHARLESTON AFB ...... SC HEATING SYSTEMS ...... 9 03/14/97 10/24/97 CHARLESTON AFB ...... SC AIRCRAFT MAINTENANCE ...... 26 08/22/97 10/31/97 NORTH FIELD ...... SC GROUNDS MAINTENANCE ...... 1 03/14/97 10/14/97 RANDOLPH AFB ...... TX GENERAL LIBRARY ...... 7 12/03/96 02/02/98 INCIRLIK ...... TURKY COMMUNICATION FUNCTIONS ...... 56 09/08/97 07/21/97 INCIRLIK ...... TURKY BASE OPERATING SUPPORT ...... 220 09/08/97 07/21/97 HILL AFB ...... UT GENERAL LIBRARY ...... 5 05/02/96 01/15/98 HILL AFB ...... UT HOUSING MANAGEMENT ...... 8 03/10/97 12/28/97 HILL AFB ...... UT FACILITIES SVCS MAINT ...... 4 03/10/97 12/25/97 FAIRCHILD AFB ...... WA FURNISHINGS MANAGEMENT ...... 3 09/19/96 10/27/97 FAIRCHILD AFB ...... WA GENERAL LIBRARY ...... 4 03/15/97 07/14/97 FAIRCHILD AFB ...... WA PROTECTIVE COATING ...... 7 03/15/97 06/02/97 FAIRCHILD AFB ...... WA TRANSIENT AIRCRAFT MAINT ...... 5 03/15/97 06/02/97 MCCHORD AFB ...... WA GENERAL LIBRARY ...... 6 03/17/97 12/12/97 MCCHORD AFB ...... WA GROUNDS MAINTENANCE ...... 9 03/17/97 11/12/97 F E WARREN AFB ...... WY FOOD SERVICES ...... 17 07/29/97 12/01/98

Barbara A. Carmichael, DEPARTMENT OF EDUCATION ACTION: Notice of meeting. Alternate Air Force Federal Register Liaison Officer. National Advisory Council on Indian SUMMARY: This notice sets forth the [FR Doc. 97–33434 Filed 12–23–97; 8:45 am] Education; Meeting schedule and proposed agenda for a BILLING CODE 3910±01±P meeting of the National Advisory AGENCY: National Advisory Council on Council on Indian Education. This Indian Education, ED. notice also describes the functions of Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67351 the Council. Notice of this meeting is Discussion: Setting NACIE Priorities, Work Plan; updates on Waste Area required under Section 10(a)(2) of the Office of Indian Education, National Grouping (WAG) 22, Waste Federal Advisory Committee Act and is Indian Education Policy Statement Management, Transportation, the intended to notify the public of their Executive Order Strategies for Effective and Meaningful 12:00 Noon Public Input Report , the Vortec opportunity to attend. Lunch DATES AND TIMES: January 20–21, 1998, 1:00 p.m. Environmental Assessment (if it is 8:00 a.m. to 5:00 p.m. Meeting with Dr. Gerald N. Tirozzi, available), and a Media Contact ADDRESS: U.S. Department of Education, Assistant Secretary, Office of Elementary Discussion. Office of Elementary and Secondary and Secondary Education Public Participation: The meeting is Education, 1250 Maryland Avenue, SW, 5:00 p.m. open to the public. Written statements Room 4001, Washington, D.C. 20202. Adjournment may be filed with the Committee either before or after the meeting. Individuals FOR FURTHER INFORMATION CONTACT: Wednesday, January 21, 1998 Dr. who wish to make oral statements David Beaulieu, Director, Office of 8:00 a.m. pertaining to agenda items should Ethics Training by Office of General Indian Education, 1250 Maryland contact Carlos Alvarado at the address Avenue, Portals 4300, Washington, DC Counsel 10:00 a.m. or telephone number listed above. 20202. Telephone: (202) 260–2431; Fax: Requests must be received 5 days prior (202) 260–7779. Discussion: Reports, Budget, Etc. 12:00 Noon to the meeting and reasonable provision SUPPLEMENTARY INFORMATION: The Lunch will be made to include the presentation National Advisory Council on Indian 1:00 p.m. in the agenda. The Designated Federal Education is a Presidentially appointed Related NACIE Business Council Official is empowered to conduct the advisory council on Indian education Deliberation and Recommendation meeting in a fashion that will facilitate established under Section 9151 of Title 4:30 p.m. the orderly conduct of business. Each IX of the Elementary and Secondary Scheduling of next meeting, time and place individual wishing to make public Education Act of 1965, as amended, (20 5:00 Adjournment comment will be provided a maximum U.S.C. 7871). The Council advises the of 5 minutes to present their comments Secretary of Education and the Congress [FR Doc. 97–33593 Filed 12–13–97; 8:45 am] as the first item on the meeting agenda. on funding and administration of BILLING CODE 4000±01±M Minutes: The minutes of this meeting programs with respect to which the will be available for public review and Secretary has jurisdiction and that copying at the Freedom of Information includes Indian children and adults as DEPARTMENT OF ENERGY Public Reading Room, 1E–190, Forrestal participants or from which they benefit. Building, 1000 Independence Avenue, The Council also makes Environmental Management Site- SW, Washington, DC 20585 between recommendations to the Secretary for Specific Advisory Board, Paducah 9:00 a.m. and 4 p.m., Monday-Friday, filling the position of Director of Indian except Federal holidays. Minutes will AGENCY: Department of Energy. Education whenever a vacancy occurs. also be available at the Department of ACTION: This meeting will be open to the Notice of open meeting. Energy’s Environmental Information public without advanced registration. SUMMARY: Pursuant to the provisions of and Reading Room at 175 Freedom Public attendance may be limited to the the Federal Advisory Committee Act Boulevard, Highway 60, Kevil, space available. Members of the public (Public Law 92–463, 86 Stat. 770) notice Kentucky between 8:00 a.m. and 5:00 may make statements during the is hereby given of the following p.m. on Monday through Friday, or by meeting, to the extent time permits, and Advisory Committee meeting: writing to Carlos Alvarado, Department file written statements with the Environmental Management Site- of Energy Paducah Site Office, Post Committee for its consideration. Written Specific Advisory Board (EM SSAB), Office Box 1410, MS–103, Paducah, statements should be submitted to the Paducah Gaseous Diffusion Plant. Kentucky 42001, or by calling him at address listed above. DATES: Thursday, January 15, 1998: 5:00 (502) 441–6804. A summary of the proceedings and p.m.–10:00 p.m. Issued at Washington, DC on December 18, related matters which are informative to ADDRESS: Executive Inn, Van Buren 1997. the public consistent with the policy of Rachel Samuel, Title 5 U.S.C. 552b will be available to Room, 1 Executive Boulevard, West Paducah, Kentucky. Deputy Advisory Committee Management the public within fourteen days of the Officer. meeting, and are available for public FOR FURTHER INFORMATION CONTACT: [FR Doc. 97–33573 Filed 12–23–97; 8:45 am] inspection at the Office of Elementary Carlos Alvarado, Site-Specific Advisory and Secondary Education, U.S. Board Coordinator, Department of BILLING CODE 6450±01±P Department of Education, 1250 Energy Paducah Site Office, Post Office Box 1410, MS–103, Paducah, Kentucky Maryland Avenue, SW, Washington, DC DEPARTMENT OF ENERGY 20202 from the hours of 8:30 a.m. to 42001, (502) 441–6804. 5:00 p.m. SUPPLEMENTARY INFORMATION: Purpose of Secretary of Energy Advisory Board; Gerald N. Tirozzi, the Board: The purpose of the Board is Notice of Open Meeting Assistant Secretary, Office of Elementary and to make recommendations to DOE and AGENCY: Secondary Education. its regulators in the areas of Department of Energy. environmental restoration, waste SUMMARY: Consistent with the Meeting Agenda management, and related activities. provisions of the Federal Advisory Tuesday, January 20, 1998 Tentative Agenda: The meeting will Committee Act (Public Law 92–463, 86 8:00 a.m. include administrative plans for the Stat. 770), notice is hereby given of the Call to Order board at the beginning of the meeting; following advisory committee meeting: Roll Call of Membership (Establish Environmental Management and Name: Secretary of Energy Advisory Quorum, Introductions, Invocation Enrichment Facilities (EMEF) Project Board—Electric System Reliability Task 8:30 a.m. updates; a review of the SSAB Draft Force. 67352 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

DATES AND TIMES: Tuesday, January 13, meeting in a fashion that will, in the Any person desiring to be heard or to 1998, 8:30 a.m.–4:00 p.m. Chairman’s judgment, facilitate the orderly protest this filing should file a motion conduct of business. During its meeting in ADDRESSES: Madison Hotel, Dolley to intervene or protest with the Federal Washington, D.C., the Task Force welcomes Energy Regulatory Commission, 888 Madison Ballroom, 15th & M Streets, public comment. Members of the public will NW, Washington, D.C. be heard in the order in which they sign up First Street, NE., Washington DC 20426, FOR FURTHER INFORMATION CONTACT: at the beginning of the meeting. The Task in accordance with Sections 385.214 Richard C. Burrow, Secretary of Energy Force will make every effort to hear the views and 385.211 of the Commission’s Rules Advisory Board (AB–1), U.S. of all interested parties. Written comments and Regulations. All such motions or Department of Energy, 1000 may be submitted to Skila Harris, Executive protests must be filed in accordance Independence Avenue, SW, Director, Secretary of Energy Advisory Board, with Section 154.210 of the Washington, D.C. 20585, (202) 586–1709 AB–1, U.S. Department of Energy, 1000 Commission’s Regulations. Protests will Independence Avenue, SW, Washington, or (202) 586–6279 (fax). be considered by the Commission in D.C. 20585. determining the appropriate action to be SUPPLEMENTARY INFORMATION: Minutes: Minutes and a transcript of the meeting will be available for public review taken, but will not serve to make Background and copying approximately 30 days protestants parties to the proceeding. The electric power industry is in the following the meeting at the Freedom of Any person wishing to become a party midst of a complex transition to Information Public Reading Room, 1E–190 must file a motion to intervene. Copies competition, which will induce many Forrestal Building, 1000 Independence of this filing are on file with the Avenue, SW, Washington, D.C., between 9:00 Commission and are available for public far-reaching changes in the structure of a.m. and 4:00 p.m., Monday through Friday the industry and the institutions which inspection in the Public Reference except Federal holidays. Information on the Room. regulate it. This transition raises many Electric System Reliability Task Force and Lois D. Cashell, reliability issues, as new entities emerge the Task Force’s interim report may be found in the power markets and as generation at the Secretary of Energy Advisory Board’s Secretary. becomes less integrated with web site, located at http://www.hr.doe.gov/ [FR Doc. 97–33522 Filed 12–23–97; 8:45 am] transmission. seab. BILLING CODE 6717±01±M Issued at Washington, D.C., on December Purpose of the Task Force 18, 1997. The purpose of the Electric System Rachel M. Samuel, DEPARTMENT OF ENERGY Reliability Task Force is to provide Deputy Advisory Committee Management advice and recommendations to the Officer. Federal Energy Regulatory Secretary of Energy Advisory Board [FR Doc. 97–33574 Filed 12–23–97; 8:45 am] Commission regarding the critical institutional, BILLING CODE 6450±01±P [Docket No. RP98±90±000] technical, and policy issues that need to be addressed in order to maintain the K N Interstate Gas Transmission Co.; reliability of the nation’s bulk electric DEPARTMENT OF ENERGY Notice of Tariff Filing system in the context of a more competitive industry. Federal Energy Regulatory December 18, 1997. Commission Take notice that on December 15, Tentative Agenda 1997, K N Interstate Gas Transmission Tuesday, January 13, 1998 [Docket No. RP98±91±000] Company (KNI) tendered for filing as 8:30—8:45 a.m.—Opening Remarks & part of its FERC Gas Tariff, Second Objectives—Philip Sharp, ESR Task CNG Transmission Corporation; Notice Revised Volume 1–C and Second Force Chairman of Tariff Filing Revised Volume 1–D, to be effective 8:45—10:15 a.m.—Working Session: January 15, 1998: December 18, 1997. Discussion of Draft Position Paper on Second Revised Volume No. 1–C Technical Issues in Transmission System Take notice that on December 15, All Tariff Sheets Reliability—Facilitated by Philip Sharp 1997, CNG Transmission Corporation Second Revised Volume No. 1–D 10:15—10:30 a.m.—Break (CNG), tendered for filing as part of its All Tariff Sheets 10:30—11:30 a.m.—Working Session: FERC Gas Tariff, Second Revised Discussion of a Draft Position Paper on Volume No. 1, the following revised KNI states that these tariff sheets are The Role and Shape of the Independent tariff sheet, with an effective date of being filed pursuant to Section 154.204 System Operator—Facilitated by Jose January 1, 1998: of the Commission’s regulations. KNI Delgado further states that it is submitting for Second Revised Sheet No. 361A 11:30—12:00 p.m.—Public Comment Period filing and acceptance the above revised 12:00—1:15 p.m.— Lunch CNG requests a waiver of the 30-day 1:15—2:30 p.m. Working Session: tariff sheet(s) related to the Presentation & Discussion on The notice requirement pursuant to 18 CFR Commission’s Order issued on August Provision of Ancillary Services—Eric Section 154.207 to permit a January 1, 1, 1996 in Docket Nos. RP94–328–001 Hirst (ORNL) & Facilitated by Philip 1998 effective date. and RP95–81–000 granting KNI’s Sharp CNG states that the purpose of this petition for a declaratory order that it 2:30—3:45 p.m.—Working Session: filing is to comply with the lacks market power for its Buffalo Presentation & Discussion on Commission’s directives in the July 31 Wallow System. Transmission Pricing Issues—Susan Order, as clarified by the October 16 KNI states that copies of the filing Tierney & Facilitated by Philip Sharp Order, to refile its gathering cost were served upon KNI’s jurisdictional 3:45—4:00 p.m.—Public Comment Period recovery proposal with the appropriate customers, interested public bodies and 4:00 p.m.–Adjourn This tentative agenda is subject to change. supporting data required by the all parties to the proceeding. The final agenda will be available at the Commission’s regulations. Any person desiring to be heard or to meeting. CNG states that copies of its filing make any protest with reference to this Public Participation: The Chairman of the have been mailed to CNG’s customers filing should file a motion to intervene Task Force is empowered to conduct the and interested state commissions. or protest with the Federal Energy Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67353

Regulatory Commission, 888 First additional flexibility in obtaining gas Federal Energy Regulatory Commission, Street, N.E., Washington, D.C. 20426, in supplies, thus enabling Mississippi 888 First Street, N.E., Washington, D.C. accordance with Sections 385.211 and Valley to receive gas shipped to this 20426, in accordance with 18 CFR 385.214 of the Commission’s Rules of point pursuant to jurisdictional open- 385.211 of the Commission’s Rules and Practice and Procedure. All such access transportation agreements as well Regulations. All such protests must be motions or protests must be filed in as Section 311 agreements. filed as provided in Section 154.210 of accordance with section 154.210 of the The estimated peak day requirement the Commission’s Regulations. Protests Commission’s Regulations. Protests filed for this delivery point is 1,300 MMBtu. will be considered by the Commission with the Commission will be considered It is indicated that the gas volumes will in determining the appropriate action to by it in determining the appropriate be transported pursuant to Koch be taken, but will not serve to make action to be taken, but will not serve to Gateway’s No Notice Service (NNS) protestants parties to the proceeding. make protestants parties to the Transportation Rate Schedule. Koch Copies of this filing are on file with the proceeding. Any person wishing to Gateway avers that it has sufficient Commission and are available for public become a party must file a petition to capacity to render the proposed service inspection in the Public Reference intervene in accordance with the without detriment or disadvantage to its Room. Commission Rules. Copies of this filing other existing customers. Lois D. Cashell, are on file with the Commission and are Any person or the Commission’s staff available for public inspection. may, within 45 days after issuance of Secretary. Lois D. Cashell, the instant notice by the Commission, [FR Doc. 97–33516 Filed 12–23–97; 8:45 am] file pursuant to Rule 214 of the Secretary. BILLING CODE 6717±01±M Commission’s Procedural Rules (18 CFR [FR Doc. 97–33521 Filed 12–23–97; 8:45 am] 385.214) a motion to intervene or notice BILLING CODE 6717±01±M of intervention and pursuant to Section DEPARTMENT OF ENERGY 157.205 of the Regulations under the Natural Gas Act (18 CFR 157.205) a DEPARTMENT OF ENERGY Federal Energy Regulatory protest to the request. If no protest is Commission Federal Energy Regulatory filed within the time allowed therefor, Commission the proposed activity shall be deemed to [Docket No. RP96±199±009] be authorized effective the day after the [Docket No. CP98±127±000] time allowed for filing a protest. If a Mississippi River Transmission Koch Gateway Pipeline Company; protest is filed and not withdrawn Corporation; Notice of Proposed Notice of Request Under Blanket within 30 days after the time allowed Changes in FERC Gas Tariff Authorization for filing a protest, the instant request shall be treated as an application for December 18, 1997. December 18, 1997. authorization pursuant to Section 7 of Take notice that on December 11, the Natural Gas Act. Take notice that on December 15, 1997, Koch Gateway Pipeline Company Lois D. Cashell, 1997, Mississippi River Transmission (Koch Gateway), Post Office Box 1478, Secretary. Corporation (MRT) tendered for filing as Houston, Texas 77251–1478, filed in part of its FERC Gas Tariff, Third [FR Doc. 97–33513 Filed 12–23–97; 8:45 am] Revised Volume No. 1, the tariff sheets Docket No. CP98–127–000 a request BILLING CODE 6717±01±M pursuant to Sections 157.205 and listed on Appendix A to the filing, to be 157.211 of the Commission’s effective January 1, 1998. Regulations under the Natural Gas Act DEPARTMENT OF ENERGY MRT states that the purpose of this (18 CFR 157.205 and 157.211) for filing is to place the Period III rates into authorization to operate in interstate Federal Energy Regulatory effect and eliminate Flexible Contract commerce certain facilities previously Commission Demand, in accordance with the constructed and operated to effectuate [Docket Nos. RP96±199±008 and RP98±8± Stipulation and Agreement filed in this transportation service pursuant to 002] proceeding and approved by the Section 311 of the Natural Gas Policy Commission. In addition, as a result of Act (NGPA). Koch Gateway makes such Mississippi River Transmission the Commission’s comments in its request, under its blanket certificate Corporation; Notice of Proposed order, MRT is not removing the issued in Docket No. CP82–430–000 Changes in FERC Gas Tariff definition of Receipt Point MDQ from pursuant to Section 7 of the Natural Gas the Tariff but is instead revising the Act, all as more fully set forth in the December 18, 1997. Take notice that on December 15, definition to conform with the removal request on file with the Commission and of Flexible Contract Demand. open to public inspection. 19978, Mississippi River Transmission Specifically, Koch Gateway states that Corporation (MRT) tendered for filing as Any person desiring to protest this it constructed the 2-inch tap and dual 2- part of its FERC Gas Tariff, Third filing should file a protest with the inch meter station under Section 311 of Revised Volume No. 1, the following Federal Energy Regulatory Commission, the NGPA, on behalf of Mississippi tariff sheets. 888 First Street, N.E., Washington, D.C. Valley Gas Company (Mississippi 2nd Sub Twenty-Third Revised Sheet No. 7— 20426, in accordance with Section Valley), a local distribution company in Nov. 1, 1997; Sub Twenty-Fourth Revised 385.211 of the Commission’s Rules and Rankin County, Mississippi. Koch Sheet No. 7—Jan. 1, 1998 Regulations. All such protests must be Gateway avers that the cost of MRT states that the purpose of this filed as provided in Section 154.210 of constructing the tap, approximately filing is to change the GSRC Volumetric the Commission’s Regulations. Protests $83,000 was fully reimbursed by Charge from $.0005 to $.0500 to correct will be considered by the Commission Mississippi Valley. Koch Gateway the typographical error in the above in determining the appropriate action to further states that certification of this mentioned tariff sheets. be taken, but will not serve to make point as a jurisdictional facility will Any person desiring to protest this protestants parties to the proceeding. provide Mississippi Valley with filing should file a protest with the Copies of this filing are on file with the 67354 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Commission and are available for public customers, applicable state regulatory DEPARTMENT OF ENERGY inspection in the Public Reference agencies and all parties to this Room. proceeding. Federal Energy Regulatory Lois D. Cashell, Any person desiring to protest said Commission Secretary. filing should file a protest with the [FR Doc. 97–33517 Filed 12–23–97; 8:45 am] Federal Energy Regulatory Commission, [Docket No. RP98±16±001] BILLING CODE 6717±01±M 888 First Street, N.E., Washington, D.C. 20426, in accordance with Section Tennessee Gas Pipeline Company; 385.211 of the Commission’s Rules of Notice of Compliance Filing DEPARTMENT OF ENERGY Practice and Procedure. All such protests must be filed on or before December 18, 1997. Federal Energy Regulatory December 29, 1997. Protests will be Commission Take notice that on December 11, considered by the Commission in 1997, Tennessee Gas Pipeline Company determining the appropriate action to be [Docket No. RP96±348±006] (Tennessee) tendered for filing, in taken, but will not serve to make compliance with the Commission’s protestants parties to the proceeding. Panhandle Eastern Pipe Line order of November 26, 1997, its Sub Company; Notice of Refund Report Copies of this filing are on file with the Commission and are available for public Fifth Revised Sheet No. 204, to be December 18, 1997. inspection in the Public Reference effective December 1, 1997, along with Take notice that on December 12, Room. responses to the Commission’s requests 1997, Panhandle Eastern Pipe Line Lois D. Cashell, for information and further clarification regarding the tariff modifications at Company (Panhandle) tendered for Secretary. filing its Refund Report in accordance issue in this proceeding. [FR Doc. 97–33518 Filed 12–23–97; 8:45 am] with Ordering Paragraph (H) of the BILLING CODE 6717±01±M Tennessee states that Sub Fifth Commission’s February 28, 1997 Order Revised Sheet No. 204 is filed to clarify Following Technical Conference and that Maximum Allowed Volume (MAV) Denying Requests for Rehearing, DEPARTMENT OF ENERGY overrun penalties will be applied only Clarification and Stay (February 28, to deliveries made after the eight-hour 1997 Order), 78 FERC ¶61,202 (1997) United States of America Federal notice period ends. In addition, this and the Commission’s letter order dated Energy Regulatory Commission November 12, 1997 in the referenced revised tariff sheet specifies how proceeding. Tennessee will notify its shippers of Panhandle states that the February 28, [Project No. 2000±010 New York] MAV enforcement when such notices are issued after normal business hours 1997 Order directed Panhandle, inter Power Authority of the State of New or on weekends. Tennessee states that alia, to make revisions to certain penalty York; Correction to Notice of 1998 the information submitted with the tariff provisions of the General Terms and Schedule of Meetings To Discuss sheets is provided in response to the Conditions (GT&C) of its FERC Gas Settlement for Relicensing of the St. Tariff, First Revised Volume No. 1, and Lawrence-FDR Power Project Commission’s directive in the to make refunds of penalties collected in November 26 order for additional excess of the applicable tolerance levels. December 18, 1997. information regarding modifications to Also, Ordering Paragraph (H) of the On November 25, 1997, [FR Doc. 97– Tennessee’s Rate Schedules FS and IS. February 28, 1997 Order directed 31481 (62 FR 63702, December 2, 1997)] Any person desiring to protest said Panhandle to file a refund report within a notice of a list of 1998 schedule of thirty (30) days of the Commission’s filing should file a protest with the meetings for the Cooperative Federal Energy Regulatory Commission, order on Panhandle’s compliance filing, Consultation Process Team and which filing was subsequently made on 888 First Street, N.E., Washington, D.C. Subcommittees to continue settlement 20426, in accordance with Section March 14, 1997. On November 12, 1997, negotiations for the St. Lawrence-FDR 385.211 of the Commission’s Rules and the Commission issued a letter order Power Project located on the St. Regulations. All such protests must be approving Panhandle’s March 14, 1997 Lawrence River, St. Lawrence County, filed in accordance with Section compliance filing. New York, was issued. The following Panhandle further states that it has revisions should be made. 154.210 of the Commission’s Regulations. Protests will be considered included, for all affected customers, its (a) Under the Land Management and computation of the refunds consisting of Recreation Subcommittee, delete by the Commission in determining the (1) the principal portion of the refunds ‘‘January 28, 1998’’ and replace with appropriate action to be taken, but will of the Section 12.16 Overrun Penalties ‘‘January 29, 1998’’. (62 FR 63703, not serve to make protestants parties to and Daily Scheduling charges pursuant column 1, item 3). the proceeding. Copies of this filing are to Section 12.11(h) of the GT&C (b) Under the Socioeconomic on file with the Commission and are applicable to overrun volumes for the Subcommittee, delete ‘‘January 29, available for public inspection in the period October 1, 1996 through October 1998, and replace with ‘‘January 28, Public Reference Room. 31, 1997 and (2) the carrying charges 1998’’. (62 FR 63703, column 1, item 4) Lois D. Cashell, calculated through December 12, 1997 in accordance with Section 154.501(d) Lois D. Cashell, Secretary. of the Commission’s Regulations. Secretary. [FR Doc. 97–33520 Filed 12–23–97; 8:45 am] Panhandle states that copies of this [FR Doc. 97–33514 Filed 12–23–97; 8:45 am] BILLING CODE 6717±01±M filing have been served on all affected BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67355

DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY 4. PP&L, Inc. [Docket No. ER98–786–000] Federal Energy Regulatory Federal Energy Regulatory Commission Commission Take notice that on November 25, 1997, PP&L, Inc. (formerly known as [Docket No. EC98±22±000, et al.] Pennsylvania Power & Light Company) [Docket No. RP97±408±003] (PP&L), filed a Service Agreement dated National Gas & Electric L.P., et al. November 19, 1997, with SCANA Trailblazer Pipeline Company; Notice Electric Rate and Corporate Regulation Energy Marketing, Inc. (SCANA), under of Motion To Make Tariff Sheets Filings PP&L’s FERC Electric Tariff, Original Effective December 17, 1997. Volume No. 5. The Service Agreement December 18, 1997. Take notice that the following filings adds SCANA as an eligible customer have been made with the Commission: under the Tariff. Take notice that on December 15, PP&L requests an effective date of 1997, Trailblazer Pipeline Company 1. National Gas & Electric L.P. November 25, 1997, for the Service (Trailblazer) file with the Federal [Docket No. EC98–22–000] Agreement. Energy Regulatory Commission a PP&L states that copies of this filing Take notice that National Gas & Motion to Make Suspended Tariff have been supplied to SCANA and to Electric L.P. (NG&E), a marketer of Sheets Effective (Motion). Trailblazer the Pennsylvania Public Utility electric power, filed on December 8, moved to make effective on January 1, Commission. 1997, a request for approval under Comment date: December 31, 1997, in 1998, tariff sheets filed on July 1, 1997 Section 203 of the Federal Power Act of in this proceeding. accordance with Standard Paragraph E the merger of the general partner, at the end of this notice. Trailblazer states that the rates on the PanCanadian Gas Marketing Inc. tariff sheets to be effective January 1, (PanCanadian Gas), and the limited 5. PP&L, Inc. 1998 reflect the effect of removing from partner, PanCanadian Ventures Inc. [Docket No. ER98–787–000] Trailblazer’s rate base facilities which (PanCanadian Ventures), of NG&E, after Take notice that on November 25, were not in service on November 30, which NG&E will be dissolved. 1997, PP&L, Inc. (formerly known as 1997, the end of the test period. PanCanadian Gas and PanCanadian Pennsylvania Power & Light Company) Trailblazer has also filed to make Ventures are wholly-owned subsidiaries (PP&L), filed a Service Agreement dated effective January 1, 1998, tariff sheets of PanCanadian Energy Inc. NG&E also November 19, 1997, with NP Energy, related to its revised treatment of line requests approval of the transfer of its Inc. (NPE), under PP&L’s FERC Electric pack. Rate Schedule FERC No. 1 and other Tariff, Original Volume No. 5. The jurisdictional assets to the merged Trailblazer requested waiver of any Service Agreement adds NPE as an entity. eligible customer under the Tariff. applicable Commission Regulations and Comment date: January 8, 1998, in orders to the extent necessary to permit PP&L requests an effective date of accordance with Standard Paragraph E November 25, 1997, for the Service the proposed tariff sheets to become at the end of this notice. Agreement. effective on January 1, 1998. 2. LG&E Energy Marketing Inc. PP&L states that copies of this filing Trailblazer states that copies of the have been supplied to NPE and to the Motion, together with the tariff sheets [Docket No. ER94–1188–017] Pennsylvania Public Utility and workpapers, are being served on Take notice that on September 17, Commission. Trailblazer’s customers, interested state 1997, LG&E Energy Marketing Inc. Comment date: December 31, 1997, in regulatory agencies, and all parties set (LEM), P.O. Box 32010, 220 West Main accordance with Standard Paragraph E out on the official service list at Docket Street, Louisville, Kentucky, 40332, at the end of this notice. No. RP97–408. formerly known as LG&E Power Marketing Inc., filed a notification of 6. Florida Power & Light Company Any person desiring to protest this change in status to reflect its intention [Docket No. ER98–788–000] filing should file a protest with the to enter into (together with certain other Take notice that on November 25, Federal Energy Regulatory Commission, subsidiaries of LG&E Energy Corp.) a 1997, Florida Power & Light Company 888 First Street, NE., Washington, DC series of agreements with Big Rivers (FPL), tendered for filing an 20426, in accordance with Section Electric Corporation, including a long- Amendment Number Three to the 385.211 of the Commission’s Rules and term Power Purchase Agreement and a Network Service Agreement between Regulations. All such protests must be Transmission Service and FPL and the Florida Municipal Power filed as provided in Section 154.210 of Interconnection Agreement. Agency. This Amendment Number Two the Commission’s Regulations. Protests Comment date: December 31, 1997, in adds the City of Starke, Florida as a will be considered by the Commission accordance with Standard Paragraph E Network Member. FPL proposes to make in determining the appropriate action to at the end of this notice. the Amendment Number Two effective be taken, but will not serve to make 3. Rayburn County Electric Cooperative November 1, 1997. protestants parties to the proceeding. Comment date: December 31, 1997, in Copies of this filing are on file with the [Docket No. ER97–1903–001] accordance with Standard Paragraph E Commission and are available for public Take notice that on November 26, at the end of this notice. 1997, Rayburn County Electric inspection in the Public Reference 7. PECO Energy Company Room. Cooperative tendered for filing its [Docket No. ER98–789–000] Lois D. Cashell, refund report in the above-referenced docket. Take notice that on November 25, Secretary. Comment date: December 31, 1997, in 1997, PECO Energy Company (PECO), [FR Doc. 97–33519 Filed 12–23–97; 8:45 am] accordance with Standard Paragraph E filed under § 205 of the Federal Power BILLING CODE 6717±01±M at the end of this notice. Act, 16 U.S.C. 792 et seq., a Transaction 67356 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Agreement dated October 30, 1997, with Comment date: December 31, 1997, in of Wisconsin and the Michigan Public Delmarva Power & Light Company accordance with Standard Paragraph E Service Commission. (DP&L), under PECO’s FERC Electric at the end of this notice. Comment date: December 31, 1997, in Tariff Original Volume No. 1 (Tariff). accordance with Standard Paragraph E 10. Edison Source The Transaction Agreement is for a term at the end of this notice. of fourteen (14) months. [Docket No. ER98–792–000] 14. Ohio Edison Company and PECO requests an effective date of Take notice that on November 25, Pennsylvania Power Company November 1, 1997, for the Transaction 1997, Edison Source (Source), tendered Agreement. for filing a Revised Market-Based Rate [Docket No. ER98–822–000] PECO states that copies of this filing Tariff. Copies of the filing were served Take notice that on November 26, have been supplied to DP&L and to the upon the California Public Utilities 1997, Ohio Edison Company tendered Pennsylvania Public Utility Commission and customers who Source for filing on behalf of itself and Commission. has committed to sell power to under Pennsylvania Power Company, Service Comment date: December 31, 1997, in the Revised Market-Based Rate Tariff. Agreements with DPL Energy, Inc., and accordance with Standard Paragraph E Comment date: December 31, 1997, in CNG Retail Services Corporation under at the end of this notice. accordance with Standard Paragraph E Ohio Edison’s Power Sales Tariff. This at the end of this notice. filing is made pursuant to Section 205 8. Tampa Electric Company 11. Delhi Energy Services, Inc. of the Federal Power Act. [Docket No. ER98–790–000] Comment date: December 31, 1997, in [Docket No. ER98–793–000] Take notice that on November 25, accordance with Standard Paragraph E 1997, Tampa Electric Company (Tampa Take notice that on November 24, at the end of this notice. 1997, Delhi Energy Services, Inc. (DESI), Electric), tendered for filing a letter Standard Paragraph agreement with the City of Lakeland, tendered for filing a notice of E. Any person desiring to be heard or Florida (Lakeland) that amends an cancellation of DESI’s Rate Schedule to protest said filing should file a existing letter of commitment providing FERC No. 1 to be effective November 24, motion to intervene or protest with the for the sale by Tampa Electric to 1997. Federal Energy Regulatory Commission, Lakeland of electric capacity and Comment date: December 31, 1997, in 888 First Street, N.E., Washington, D.C. energy, and a notice of termination of accordance with Standard Paragraph E 20426, in accordance with Rules 211 the letter of commitment. at the end of this notice. and 214 of the Commission’s Rules of Tampa Electric proposes that the 12. Delmarva Power & Light Company Practice and Procedure (18 CFR 385.211 amendatory letter agreement be made [Docket No. ER98–794–000] and 18 CFR 385.214). All such motions effective on November 28, 1997, and or protests should be filed on or before that termination of the letter of Take notice that on November 25, 1997, Delmarva Power & Light the comment date. Protests will be commitment be made effective on considered by the Commission in December 1, 1997, and therefore Company, tendered for filing executed umbrella service agreements with determining the appropriate action to be requests waiver of the Commission’s taken, but will not serve to make notice requirements. NorAm Energy Management, Inc., Columbia Power Marketing Corporation, protestants parties to the proceeding. Copies of the amendatory letter NESI Power Marketing, Inc., and NP Any person wishing to become a party agreement and the notice of termination Energy Inc., under Delmarva’s market must file a motion to intervene. Copies have been served on Lakeland and the rate sales tariff, FERC Electric Tariff, of this filing are on file with the Florida Public Service Commission. Original Volume No. 14, filed by Commission and are available for public Comment date: December 31, 1997, in Delmarva in Docket No. ER96–2571– inspection. accordance with Standard Paragraph E 000. Lois D. Cashell, at the end of this notice. Comment date: December 31, 1997, in Secretary. 9. Tampa Electric Company accordance with Standard Paragraph E [FR Doc. 97–33562 Filed 12–23–97; 8:45 am] at the end of this notice. [Docket No. ER98–791–000] BILLING CODE 6717±01±P Take notice that on November 25, 13. Wisconsin Electric Power Company 1997, Tampa Electric Company (Tampa [Docket No. ER98–795–000] DEPARTMENT OF ENERGY Electric), tendered for filing a notice of Take notice that on November 25, termination of the service agreement 1997, Wisconsin Electric Power Federal Energy Regulatory between Tampa Electric and Heartland Company (Wisconsin Electric), tendered Commission Energy Service, Inc. (Heartland), for for filing a Transmission Service [Docket No. EG98±16±000, et al.] non-firm point-to-point transmission Agreement between itself and Avista service under Tampa Electric’s open Energy Inc., (Avista). The Transmission Ogden Energy China (Alpha) Ltd., et access transmission tariff. Tampa Service Agreement allows to receive al.; Electric Rate and Corporate Electric also tendered for filing a revised transmission service under Wisconsin Regulation Filings tariff sheet showing the change to the Electric’s FERC Electric Tariff, Volume index of customers under the tariff. No. 7, which is pending Commission December 15, 1997. Tampa Electric proposes that the consideration in Docket No. OA97–578. Take notice that the following filings termination and the tariff sheet be made Wisconsin Electric requests an have been made with the Commission: effective on November 25, 1997, and effective date coincident with its filing 1. Ogden Energy China (Alpha) Ltd. therefore requests waiver of the and waiver of the Commission’s notice Commission’s notice requirements. requirements in order to allow for [Docket No. EG98–16–000] Copies of the filing have been served economic transactions as they appear. On December 5, 1997, Ogden Energy on Heartland and the Florida Public Copies of the filing have been served on China (Alpha) Ltd. (OECA) filed with Service Commission. Avista, the Public Service Commission the Federal Energy Regulatory Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67357

Commission (Commission) an OECG will own a sixty percent equity A and PG&E’s open-access transmission application for determination of exempt interest in a 24 MW eligible facility tariff (OATT), and (2) to cease its wholesale generator status pursuant to located in Taixing City, Jiangsu discriminatory treatment of BART in Part 365 of the Commission’s Province, People’s Republic of China. refusing to enter into a network Regulations. OECG states that it will be engaged transmission agreement for the delivery OECA will own a sixty percent equity directly and exclusively in the business of Federal preference power to BART interest in a 24 MW eligible facility of owning and/or operating all or part of and in asserting, contrary to located in Lina´n Municipality, Zhejiang one of more eligible facilities (as defined Commission Order No. 888–A that Province, People’s Republic of China. in Section 32(a)(1) of the Public Utility BART is not an eligible customer OECA states that it will be engaged Holding Company Act) and selling entitled to network transmission service directly and exclusively in the business electricity at wholesale to the Taixing under PG&E’s OATT. of owning and/or operating all or part of City Power Bureau and at retail to Comment date: January 14, 1998, in one of more eligible facilities (as defined consumers none of which will be accordance with Standard Paragraph E in Section 32(a)(1) of the Public Utility located within the United States. at the end of this notice. Answers to the Holding Company Act) and selling Comment date: January 2, 1998, in complaint shall be due on or before electricity at wholesale to the Lina´n accordance with Standard Paragraph E January 14, 1998. Power Bureau and at retail to consumers at the end of this notice. The 6. Portland General Electric Company none of which will be located within Commission will limit its consideration the United States. of comments to those that concern the [Docket No. ER96–333–001] Comment date: January 2, 1998, in adequacy or accuracy of the application. Take notice that on December 3, 1997, accordance with Standard Paragraph E 4. Ogden Energy China (Delta) Ltd. Portland General Electric Company at the end of this notice. The (PGE) tendered for filing revised tariff Commission will limit its consideration [Docket No. EG98–19–000] sheets to its open access transmission of comments to those that concern the On December 8, 1997, Ogden Energy tariff (PGE–8) in Docket No. OA96–137 adequacy or accuracy of the application. China (Delta) Ltd. (OECA), filed with as ordered by the Commission in Docket 2. Monmouth Energy, Inc. the Federal Energy Regulatory No. ER96–333–000. The revised tariff [Docket No. EG98–17–000] Commission (Commission) an sheets reflect changes to PGE’s application for determination of exempt Schedules 2, 7, 8, 9 and Attachment H On December 8, 1997, Monmouth wholesale generator status pursuant to to unbundle the charge for Reactive Energy, Inc. (Monmouth), filed with the Part 365 of the Commission’s Power Supply and Voltage Control from Federal Energy Regulatory Commission Regulations. Generation Sources from the base (Commission) an application for OECA will own a sixty percent equity transmission rates. determination of exempt wholesale interest in a 24 MW eligible facility PGE respectfully requests that the generator status pursuant to Part 365 of Commission grant a waiver of the the Commission’s Regulations. located in Taixing City, Jiangsu Monmouth is a New Jersey Province, People’s Republic of China. applicable notice requirements of 18 corporation and a wholly-owned OECA states that it will be engaged CFR Section 35.3 to allow the revised subsidiary of DQE Energy Services, Inc. directly and exclusively in the business tariff sheets to become effective July 9, Monmouth’s facility is capable of of owning and/or operating all or part of 1996. producing a nominal 10.0 MW of power one of more eligible facilities (as defined Copies of this filing were served upon from approximately 5.9 million in Section 32(a)(1) of the Public Utility entities noted in the filing letter. standard cubic feet a day (dry basis) of Holding Company Act) and selling Comment date: December 29, 1997, in landfill gas. Monmouth states that no electricity at wholesale to the Taixing accordance with Standard Paragraph E rate or charge in connection with this City Power Bureau and at retail to at the end of this notice. facility was in effect under the laws of consumers none of which will be 7. Interstate Power Company any state as of October 24, 1992 or any located within the United States. time thereafter. Monmouth further states Comment date: January 2, 1998, in [Docket No. ER97–2667–000] that copies of the application were accordance with Standard Paragraph E Take notice that on November 26, served upon the Securities and at the end of this notice. The 1997, Interstate Power Company Exchange Commission, the New Jersey Commission will limit its consideration tendered for filing a Notice of Board of Public Utilities, and Jersey of comments to those that concern the Withdrawal in the above-referenced Central Power and Light Co. adequacy or accuracy of the application. docket. Comment date: December 29, 1997, in Comment date: January 2, 1998, in 5. San Francisco Bay Area Rapid accordance with Standard Paragraph E accordance with Standard Paragraph E Transit District, an Agency of the State at the end of this notice. at the end of this notice. The of California v. Pacific Gas and Electric Commission will limit its consideration Company a Corporation, and California 8. PECO Energy Company of comments to those that concern the Independent System Operator [Docket No. ER98–28–001] adequacy or accuracy of the application. Corporation, a Corporation Take notice that on December 5, 1997, 3. Ogden Energy China (Gamma) Ltd. [Docket No. EL98–10–000] PECO Energy Company filed a [Docket No. EG98–18–000] Take notice that on November 28, compliance filing in the above- On December 8, 1997, Ogden Energy 1997, San Francisco Bay Area Rapid captioned docket consisting of clean China (Gamma) Ltd. (OECG), filed with Transit District (BART) tendered for and redlined version of First Revised the Federal Energy Regulatory filing a complaint seeking an order of Sheet No. 13 to its Form of Installed Commission (Commission) an the Commission directing Pacific Gas Capacity Obligation Allocation application for determination of exempt and Electric Company to (1) enter into Agreement filed in this docket on wholesale generator status pursuant to a long-term network transmission October 3, 1997. Part 365 of the Commission’s agreement in compliance with the Copies of this compliance filing are Regulations. Commission’s Orders Nos. 888 and 888– being served on all parties on the 67358 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices official service list compiled by the Agreement provides for cancellation of Commission staff’s preliminary analysis Secretary for this proceeding. existing bundled service arrangements that 15-inch flashboards are needed and Comment date: December 29, 1997, in and obligations between Edison and installation would not constitute a accordance with Standard Paragraph E Anaheim. Edison is requesting that the major federal action significantly at the end of this notice. Restructuring Agreement become affecting the quality of the human effective on the date the ISO assumes environment. The Allegheny River Lock 9. Millennium Power Partners, L.P. operational control of Edison’s and Dam 8 and 9 Project is on the [Docket No. ER98–830–000] transmission facilities. Allegheny River near the City of Take notice that on November 26, Copies of this filing were served upon Kittanning, in Armstrong County, 1997, Millennium Power Partners, L.P. the Public Utilities Commission of the Pennsylvania. (Millennium), submitted for filing, State of California and all interested The draft EA was written by staff in pursuant to Section 205 of the Federal parties. the Office of Hydropower Licensing, Power Act, and Part 35 of the Comment date: December 29, 1997, in Federal Energy Regulatory Commission. Commission’s Regulations, a Petition for accordance with Standard Paragraph E Copies of the draft EA can be obtained authorization to make sales of capacity at the end of this notice. by calling the Commission’s Public and energy at market-based rates from a Standard Paragraph Reference Room at (202) 208–1371. proposed nominal 360 MW natural gas- Please submit any comments on the E. Any person desiring to be heard or fired, combined cycle power plant (the draft EA within 60 days from the date to protest said filing should file a Millennium project) in the Town of of this notice. Any comments, motion to intervene or protest with the Charlton, Massachusetts. A new 115 kV conclusions, or recommendations that Federal Energy Regulatory Commission, interconnection line extending from the draw upon studies, reports, or other 888 First Street, N.E., Washington, D.C. switchyard at the proposed site to working papers of substance should be 20426, in accordance with Rules 211 transmission lines owned by New supported by appropriate and 214 of the Commission’s Rules of England Power Service Company will documentation. Comments should be Practice and Procedure (18 CFR 385.211 serve to connect the project to the addressed to: Ms. Lois D. Cashell, and 18 CFR 385.214). All such motions regional grid. The project, which will be Secretary, Federal Energy Regulatory or protests should be filed on or before a merchant plant, is expected to Commission, 888 First Street N.E., the comment date. Protests will be commence commercial operation in the Washington, DC 20426. Please affix considered by the Commission in year 2000. Project No. 3021–048 to all comments. determining the appropriate action to be Comment date: December 29, 1997, in Lois D. Cashell, taken, but will not serve to make accordance with Standard Paragraph E protestants parties to the proceeding. Secretary. at the end of this notice. Any person wishing to become a party [FR Doc. 97–33515 Filed 12–23–97; 8:45 am] 10. Southern California Edison must file a motion to intervene. Copies BILLING CODE 6717±01±M Company of this filing are on file with the [Docket No. ER98–1036–000] Commission and are available for public inspection. ENVIRONMENTAL PROTECTION Take notice that on December 11, Lois D. Cashell, AGENCY 1997, Southern California Edison Company (Edison) tendered for filing Secretary. [OPPTS±00229; FRL±5762±5] the Edison-Anaheim 1997 Restructuring [FR Doc. 97–33563 Filed 12–23–97; 8:45 am] TRI; Alternate Threshold for Low Agreement (Restructuring Agreement) BILLING CODE 6717±01±P Annual Reportable Amounts; Agency between Edison and the City of Information Collection Activities; Anaheim, California (Anaheim), and a DEPARTMENT OF ENERGY Proposed Renewal and Request for Notice of Cancellation of various Comment agreements and rate schedules Federal Energy Regulatory applicable to Anaheim. Included in the Commission AGENCY: Environmental Protection Restructuring Agreement as Appendices Agency (EPA). B, C, D, and E are: the Edison-Anaheim Allegheny Hydro No. 8 and 9 LP and ACTION: Notice. Interconnection Agreement, Connecticut National Bank; Notice of Amendment No. 1 to the Edison- Availability of Draft Environmental SUMMARY: In compliance with the Anaheim San Onofre Nuclear Assessment Paperwork Reduction Act, this notice Generating Station Firm Transmission announces that EPA is planning to Service Agreement, Amendment No. 1 [Project No. 3021±048] submit the following continuing to the Edison-Anaheim 1995 San Juan December 18, 1997. Information Collection Request (ICR) to Unit 4 Firm Transmission Service A draft environmental assessment the Office of Management and Budget Agreement, and the Edison-Anaheim (EA) is available for public review. The (OMB) pursuant to the procedures Four Corners-Mead Firm Transmission draft EA analyzes the environmental described in 5 CFR 1320.12. Before Service Agreement. impacts of installing 15-inch submitting the following ICR to OMB for The Restructuring Agreement is the flashboards on the top of Lock and Dam review and reapproval, EPA is soliciting result of negotiations between Edison 9, part of the Allegheny River Lock and comments on specific aspects of the and Anaheim to modify existing Dam 8 and 9 Hydroelectric Project No. information collection, which is briefly contracts to accommodate the emerging 3021–048. The Commission is described below. The ICR is a Independent System Operator (ISO)/ considering requiring flashboards, from continuing ICR entitled ‘‘Alternate Power Exchange market structure. The about May 1 through October 31 each Threshold for Low Annual Reportable Restructuring Agreement significantly year, to rectify project-induced lower Amounts,’’ EPA ICR No. 1704.05, OMB simplifies the existing operational water levels and associated impacts to No. 2070–0143. This ICR covers the arrangements between Edison and recreational boating in the Lock and reporting and recordkeeping Anaheim. In addition, the Restructuring Dam 9 pool. The draft EA contains requirements associated with reporting Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67359 under the alternate threshold for Fax: 202–401–8142; e-mail: ICR Numbers: EPA ICR No. 1704.04, reporting to the Toxic Release Inventory [email protected]. OMB No. 2070–0143. (TRI), which appear at 40 CFR part 372. Abstract: EPCRA section 313 requires SUPPLEMENTARY INFORMATION: An Agency may not conduct or sponsor, certain facilities manufacturing, and a person is not required to respond Electronic Availability processing, or otherwise using certain toxic chemicals in excess of specified to, a collection of information unless it Internet displays a currently valid OMB control threshold quantities to report their number. The OMB control numbers for Electronic copies of the ICR are environmental releases of such EPA’s regulations are listed in 40 CFR available from the EPA Home Page at chemicals annually. Each such facility part 9. the Federal Register—Environmental must file a separate report for each such Documents entry for this document chemical. DATES: Written comments must be under ‘‘Laws and Regulations’’ (http:// In accordance with the authority in submitted on or before February 23, www.epa.gov/fedrgstr/). An electronic EPCRA, EPA has established an 1998. copy of the collection instrument alternate threshold for those facilities ADDRESSES: Each comments must bear referenced in this ICR and instructions with low amounts of a listed toxic the docket control number ‘‘OPPTS– for its completion is available at chemical in wastes. A facility that 00229’’ and administrative record http://www.epa.gov/opptintr/afr96. otherwise meets the current reporting number 187. All comments should be Fax-on-Demand thresholds but estimates that the total sent in triplicate to: OPPT Document amount of the chemical in total waste Control Officer (7407), Office of Using a faxphone call 202–401–0527 does not exceed 500 pounds per year, Pollution Prevention and Toxics, and select item 4056 for a copy of the and that the chemical manufactured, Environmental Protection Agency, 401 ICR and item number 4049 for a copy processed, or otherwise used in a M St., SW., Room G–099, East Tower, of an interim report on Form A. amount not exceeding 1 million pounds Washington, DC 20460. I. Background during the reporting year, can take advantage of reporting under the Comments and data may also be Affected entities: Entities potentially alternate threshold option for that submitted electronically to: oppt. affected by this action are those [email protected]. Follow the chemical for that reporting year. chemical facilities that manufacture, Each qualifying facility that chooses instructions under Unit III. of this process or otherwise use certain toxic document. No Confidential Business to apply the revised threshold must file chemicals listed on the Toxic Release the Form A (EPA Form 9350–2) in lieu Information (CBI) should be submitted Inventory (TRI) and which are required, through e-mail. of a complete TRI reporting Form R under section 313 of the Emergency (EPA Form 9350–1). In submitting the All comments which contains Planning and Community Right-to- information claimed as CBI must be Form A, the facility certifies that the Know Act of 1986 (EPCRA), to report sum of the amount of the EPCRA section clearly marked as such. Three sanitized annually to EPA their environmental copies of any comments containing 313 chemical in wastes did not exceed releases of such chemicals. 500 pounds of the reporting year, and information claimed as CBI must be also For the collection of information that the chemical was manufactured, be submitted and will be placed in the addressed in this notice, EPA would processed, or otherwise used in an public record for this document. like to solicit comments to: amount not exceeding 1 million pounds Persons submitting information on any 1. Evaluate whether the proposed during the reporting year. Use of the portion of which they believe is entitled collection of information is necessary Form A in place of the Form R to treatment as CBI by EPA must asset for the proper performance of the represents a substantial savings to a business confidentiality claim in functions of the Agency, including respondents, both in burden hours and accordance with 40 CFR 2.203(b) for whether the information will have in labor costs. each such portion. This claim must be practical utility. 2. Evaluate the accuracy of the The primary function served by the made at the time that the information is submission of the Form A is to satisfy submitted to EPA. If a submitter does Agency’s estimate of the burden of the proposed collection of information, the statutory requirement to maintain not assert a confidentiality claim at the reporting on a substantial majority of time of submission, EPA will consider including the validity of the methodology and assumptions used. releases for all listed chemicals. Without this as a waiver of any confidentiality the Form A, users of TRI data would not claim and the information may be made 3. Enhance the quality, utility, and clarity of the information to be have access to any information on these available to the public by EPA without chemicals. The Form A also serves as a further notice to the submitter. collected. 4. Minimize the burden of the de facto range report, which is useful to FOR FURTHER INFORMATION CONTACT: For collection of information on those who any party interested in amounts being general information contact: Susan B. are to respond, including through the handled at a particular facility or for Hazen, Director, Environmental use of appropriate automated electronic, broader statistical purposes. Assistance Division (7408), Office of mechanical, or other technological Additionally, the Form A provides Pollution Prevention and Toxics, collection techniques or other forms of compliance monitoring and Environmental Protection of Agency, information technology, e.g., permitting enforcement programs and other 401 M St., SW., Washington, DC 20460, electronic submission of responses. interested parties with a means to track Telephone: 202–554–1404, TDD: 202– chemical management activities and 554–0551, e-mail: TSCA- II. Information Collection verify overall compliance with the rule. [email protected]. For technical EPA is seeking comments on the Responses to this collection of information contact: Tim Crawford, following ICR, as well as the Agency’s information are mandatory (see 40 CFR Environmental Assistance Division intention to renew the corresponding part 372) and facilities subject to (7408), Office of Pollution Prevention OMB approval, which is currently reporting must either submit a Form A and Toxics, Environmental Protection scheduled to expire on May 31, 1998. or a Form R. Agency, 401 M St., SW., Washington, Title: Alternate Threshold for Low Burden Statement: The burden to DC 20460, Telephone: 202–260–1715; Annual Reportable Amounts. respondents for complying with this ICR 67360 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices is estimated to total 991,000 hours per Dated: December 16, 1997. The PSA between EPA and the year with an annual cost of $61.9 Susan H. Wayland, Halogenated Solvents Industry Alliance million. These totals are based on an Acting Assistant Administrator for would require EPA: (1) to conduct average burden of 34.6 hours per Prevention, Pesticides and Toxic Substances. notice-and-comment rulemaking in response for an estimated 14,453 [FR Doc. 97–33455 Filed 12–23–97; 8:45 am] accordance with section 307(d) of the respondents making one response BILLING CODE 6560±50±M Act proposing that perchloroethylene annually. These estimates include the and trichloroethylene be deleted from time needed to determine applicability; Table 4 of the Wood Furniture NESHAP; review instructions; develop, acquire, ENVIRONMENTAL PROTECTION and (2) to give great weight to the install and utilize technology and AGENCY recommendations of the Science Panel regarding whether a reassessment of the systems for the purposes of collecting, [FRL±5940±2] validating and verifying information, cancer hazard for methylene chloride processing and maintaining Proposed Settlements; Petitions for should be undertaken based on the information, and disclosing and Review of ``National Emission current state-of-the-science. This PSA providing information; adjust the Standards for Hazardous Air also requires EPA to conduct additional existing ways to comply with any Pollutants; Final Standards for notice and comment rulemaking with previously applicable instructions and Hazardous Air Pollutant Emissions respect to methylene chloride if requirements; train personnel to be able From Wood Furniture Manufacturing methylene chloride is reassessed and to respond to a collection of Operations'' certain findings are made as a result of information; search data sources; that reassessment. complete and review the collection of AGENCY: Environmental Protection The PSA between the Society of the information; and transmit or otherwise Agency (EPA). Plastics Industry and EPA would disclose the information. The use of ACTION: Notice of proposed settlements; require EPA to propose technical Form A may save reporting facilities a request for public comment. amendments to the Wood Furniture total of up to 500,000 hours and $30 NESHAP that would remove the SUMMARY: In accordance with section subheadings of ‘‘Nonthreshold million per year, compared to the cost 113(g) of the Clean Air Act (‘‘the Act’’), of reporting on Form R. Pollutants,’’ ‘‘High-Concern Pollutants,’’ notice is hereby given of three proposed and ‘‘Unrankable Pollutants’’ in Table 6 III. Public Record and Electronic settlement agreements regarding the of the Wood Furniture NESHAP and to Submissions following petitions for review: Chemical remove footnote ‘‘a’’ to Table 6, on the Manufacturers Association v. EPA, No. grounds that the subheadings and The official record for this document 96–1031(D.C. Cir.); Halogenated as well as the pubic version, has been footnote are unnecessary because no Solvents Industry Alliance, Inc. v. EPA, subcategories of pollutants are created established for this document under No. 96–1036 (D.C. Cir.); and Society of docket control number ‘‘OPPTS–00229’’ in Table 6. the Plastics Industry, Inc., v. Browner, Each of the proposed settlement (including comments and data No. 96–1038 (D.C. Cir.). Each petition agreements would require EPA to sign a submitted electronically as described seeks judicial review under section notice of proposed rulemaking regarding below). A public version of this record, 307(b) of the Act of the final rule the above amendments no later than six including printed, paper versions of entitled, ‘‘National Emission Standards (6) months after the date the settlement electronic comments, which does not for Hazardous Air Pollutants; Final agreement is signed, and a notice of include any information claimed as CBI, Standards for Hazardous Air Pollutant final rulemaking no later than twelve is available for inspection from 12 noon Emissions from Wood Furniture (12) months after the date the settlement to 4 p.m., Monday through Friday, Manufacturing Operations,’’ 60 FR agreement is signed. excluding legal holidays. The official 62930 (Dec. 7, 1995) (‘‘Wood Furniture rulemaking record is located in the NESHAP’’), promulgated by the United Notice of Proposed Settlement TSCA Nonconfidential Information States Environmental Protection Agency For a period of thirty (30) days Center, Rm. NE–B607, 401 M St., SW., (‘‘EPA’’), respondent, and codified at 40 following the date of publication of this Washington, DC. CFR part 63, subpart JJ. document, the Agency will receive Electronic comments can be sent There is a separate proposed written comments relating to the directly to EPA at: settlement agreement (‘‘PSA’’) for each settlement from persons who were not [email protected] petition for review, which addresses the named as parties to the litigation in Electronic comments must be specific issues raised by the respective question. EPA or the Department of submitted as an ASCII file avoiding the petitioner. For convenience of interested Justice may withhold or withdraw use of special characters and any form parties, following is a brief summary of consent to the proposed settlement if of encryption. Comments and data will some of the key points of each PSA; the comments disclose facts or also be accepted on disks in however, interested parties are strongly circumstances that indicate that such WordPerfect 5.1/6.1 or ASCII file encouraged to obtain a copy of the PSAs consent is inappropriate, improper, format. All comments and data in to discern for themselves the full scope inadequate, or inconsistent with the electronic form must be identified by of the proposed settlements instead of requirements of the Act. Copies of the the docket control number ‘‘OPPTS– relying solely on the summaries below. proposed settlement agreements may be 00229’’ and administrative control The PSA between EPA and the requested from Phyllis Cochran, Air and number 187. Electronic comments on Chemical Manufacturers Association Radiation Division (2344), Office of this document may be online at many requires EPA to conduct notice and General Counsel, U.S. Environmental Federal Depository Libraries. comment rulemaking proposing that Protection Agency, 401 M Street, S.W., certain glycol ethers be removed from Washington, D.C. 20460, (202) 260– List of Subjects Table 6 of the Wood Furniture NESHAP 7606, or by e-mail at Environmental protection; and that the de minimis value in Table COCH- information collection requests; 6 for 2-ethoxy ethyl acetate be revised [email protected]. reporting and recordkeeping. to read 10.0 tons/year. Written comments should be sent to Jon Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67361

Devine at the above address and must be Alternative Strategies for the Long- ADDRESSES: The meeting will be held at submitted on or before January 23, 1998. Term Management and Use of the Chicago Hilton and Towers, 720 S. Dated: September 12, 1997. Depleted Uranium Hexafluoride, Michigan Ave., Chicago, IL 60605, Scott C. Fulton, Paducah Site, McCracken County, KY; Telephone (312) 922–4400. Portsmouth Site, Pike County, OH; Principal Deputy General Counsel. FOR FURTHER INFORMATION CONTACT: For and K–25 Site on the Oak Ridge technical inquiries, contact Cynthia [FR Doc. 97–33612 Filed 12–23–97; 8:45 am] Reservation, Anderson and Roane BILLING CODE 6560±50±P Nolt, U.S. EPA Office of Science Policy Counties, TN, Due: April 28, 1998, (8104R), 401 M Street SW, Washington, Contact: Charles E. Bradley (301) 903– DC 20460, Telephone (202) 564–6763. ENVIRONMENTAL PROTECTION 4781. Eastern Research Group, Inc., an EPA AGENCY EIS No. 970490, Final EIS, FHW, MO, contractor, is convening this workshop. MO–21 Corridor Transportation [ER±FRL±5487±5] To attend the workshop as an observer, Improvement, between Otto to contact Eastern Research Group, Inc., DeSoto, Funding, COE Section 404 Telephone (781) 674–7374. Environmental Impact Statements; Permit and NPDES Permit, Jefferson Notice of Availability County, MO, Due: January 22, 1998, SUPPLEMENTARY INFORMATION: The Responsible Agency: Office of Federal Contact: Don Newmann (573) 636– purpose of the workshop is to explore Activities, General Information (202) 7104. the application of additivity models for polychlorinated dioxins, furans, and 564–7167 OR (202) 564–7153. Amended Notices Weekly receipt of Environmental Impact biphenyls in problem formulations and Statements EIS No. 970464, Draft EIS, COE, AZ, Rio effects characterizations of ecological Filed December 15, 1997 Through Salado Environmental Restoration of risk assessments for aquatic life and December 19, 1997 two Sites along the Salt River; (1) avian and mammalian wildlife. In two Pursuant to 40 CFR 1506.9. Phoenix Reach and (2) Tempe Reach, previous workshops, convened by the EIS No. 970483, Draft EIS, FAA, FL, Feasibility Report, in the Cities of World Health Organization in August Miami International Airport Master Phoenix and Tempe, Maricopa 1996 and June 1997, scientific experts Plan Update for the Proposed New County, AZ, Due: January 26, 1998, reached consensus on a scheme for Runway, Funding and COE Section Contact: Alex Watt (213) 452–3860. prioritizing data sets and TEFs for 404 Permit, Miami-Dade County, FL, Published FR–12–12–97—Correction aquatic life and wildlife. This third Due: February 20, 1998, Contact: Bart to Telephone. workshop will examine the use of a TEF Vernace, P.E. (407) 812–6331. Dated: December 19, 1997. approach in effects characterization in EIS No. 970484, Draft Supplement, COE, Anne N. Miller, prospective risk assessments, as well as CA, Napa River and Napa Creek Flood in retrospective risk assessments, where Deputy Director, Office of Federal Activities. Protection Project, New Information, it may be applied as a diagnostic tool to City of Napa, Napa County, CA, Due: [FR Doc. 97–33607 Filed 12–23–97; 8:45 am] assess relative risk. February 06, 1998, Contact: Thomas BILLING CODE 6560±50±U The workshop will consist of three Bonetti (916) 557–6727. panels that are to address uncertainties, EIS No. 970485, Draft EIS, AFS, AK, such as lack of knowledge and Cascade Point Access Road, ENVIRONMENTAL PROTECTION variability, associated with WHO Construction, Maintenance and AGENCY consensus TEFs (and the data sets for Operation, Road Easement within [FRL±5941±2] aquatic, avian, and mammalian wildlife National Forest System land in the from which the TEFs were determined), vicinity of Echo Cove, EPA Permit, Technical Workshop on the Potential in the context of two risk assessment COE Sections 10 and 404 Permits, for Application of 2,3,7,8±TCDD case studies. The prospective case study Juneau, AK, Due: February 06, 1998, Toxicity Equivalency Factors to involves a risk assessment for a Contact: Jennett de Leeuw (907) 586– Aquatic Life and Wildlife hypothetical point source requiring a 8800. EIS No. 970486, Final EIS, AFS, WI, AGENCY: Environmental Protection water quality permit with standards that Oconto River Seed Orchard Pest Agency (EPA). will protect aquatic life and wildlife at Management Plan, Implementation, ACTION: Notice of meeting. the individual and population levels of Nicolet National Forest, Oconto biological organization. The SUMMARY: County, WI, Due: January 22, 1998, EPA is announcing a retrospective case study focuses on a Contact: Bill Sery (715) 276–7400. workshop to evaluate the application of hypothetical freshwater ecosystem in EIS No. 970487, Draft EIS, COE, GA, toxicity equivalency factors (TEFs) for which scientists have observed Brunswick Harbor Deepening Federal 2,3,7,8–TCDD to the assessment of risks reproductive effects and have measured Navigation Project, Improvements, from polychlorinated dioxins, furans, exposures in both biota and sediments. Brunswick, Glynn County, GA, Due: and biphenyls to terrestrial and aquatic The panels will relate the exposure February 06, 1998, Contact: William wildlife. The workshop will be open to levels to a concentration of concern and G. Bailey (912) 652–5781. members of the public as observers. The a threshold for remediation. EIS No. 970488, Final EIS, USN, NY, application of TEFs, which are based on To focus the workshop, the Naval Weapons Industrial Reserve different experimental systems and deliberations will address only Plant Calverton Disposal and Reuse, varying amounts of empirical data, will compounds whose mode of action is Implementation, Towns of Riverhead be studied in the context of elicited through the arylhydrocarbon and Brookhaven on Long Island, representative case studies. receptor (AhR). The workshop will not Suffolk County, NY, Due: January 22, DATES: The workshop will begin on address either chemicals with different 1998, Contact: Kurt C. Frederick (610) Tuesday, January 20, 1998, at 3 p.m. and modes of action or nonchemical 595–0728. end on Thursday, January 22, 1998, at stressors. In addition, the workshop EIS No. 970489, DRAFT EIS, DOE, KY, 5 p.m. Members of the public may deliberations will be restricted to the TN, OH, TN, Programmatic EIS— attend as observers. direct effects of AhR agonists, and will 67362 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices not involve evaluations of indirect the draft risk assessment will be samples, anticipated soil feed rates, effects. available for inspection in the EPA incinerator design parameters, and Each panel will be composed of Region III Library, Philadelphia, PA, emissions data from other incinerators. experts from the public and private and the EPA Headquarters Information Results of the trial burn risk assessment sector. They will use the two case Resources Center, Washington DC. In were presented during a public meeting studies to evaluate how the nature and addition, the draft risk assessment will held in September 1996. The trial burn extent of uncertainties associated with be available for inspection in: the Ross process was conducted in January and the TEF approach and with associated Public Library, West Main Street, Lock February 1997. data sets can have varying implications Haven, PA, 17745; the Stevenson Most recently, EPA Region III in different types of risk assessments. Library, Lock Haven University, Lock developed a full-scale operation risk The results of the workshop will be Haven PA, 17745; and the Lock Haven assessment by utilizing actual data compiled and summarized by Eastern City Hall, 20 East Church Street, Lock collected during the trial burn process. Research Group in a workshop report. Haven, PA, 17745. Inquiries concerning The resulting Draft Drake Chemical Site The availability of this workshop report additional opportunities for document Incinerator Full-Scale Operation Risk will be announced in a future Federal review should be directed to Mr. Assessment (November 1997) is the Register document. Crystall. subject of the current peer review. Dated: December 19, 1997. SUPPLEMENTARY INFORMATION: While For the current review, EPA is William H. Farland, operational, the Drake Chemical inviting a panel of 14 independent scientists from the fields of toxicology, Director, National Center for Environmental Company in Lock Haven, Pennsylvania Assessment. was sited numerous times by State and environmental fate and transport, combustion engineering, atmospheric [FR Doc. 97–33736 Filed 12–23–97; 8:45 am] Federal agencies for violating modeling, exposure assessment, and BILLING CODE 6560±50±P environmental and health and safety regulations. In 1982 as a response to the ecological assessment. These scientists Company’s noncompliance with will focus on the scientific data, ENVIRONMENTAL PROTECTION environmental regulations, EPA Region methods, and analyses, along with the AGENCY III undertook emergency removal assumptions and uncertainties that are actions. These actions included removal associated with full-scale operation risk [FRL±5941±1] and disposal of surface drums, surface estimates. Following the workshop, EPA sludges, and liquids contained in will consider the scientist’s individual Technical Workshop on Drake Site recommendations in completing the risk Incinerator Risk Issues process and storage tanks, and placement of fences around the assessment. The risk assessment AGENCY: Environmental Protection property. Additional remediation documents undergoing review relate Agency (EPA). actions have been conducted in several only to scientific issues. Although the ACTION: Notice of meeting. phases since then. Phase I remedial completed risk assessment will be one activities included the remediation of a of the factors considered in making SUMMARY: EPA is announcing a leachate stream draining into Bald Eagle future decisions for the Drake Chemical workshop convened by Eastern Creek. Phase II included drainage and site, these decisions and other risk Research Group, Inc., an EPA removal of materials from two lined management issues will not be a part of contractor, for scientific peer review of Lagoons, and demolition and removal of the peer review process. the EPA draft risk assessment for the the on-site buildings. Subsequent Dated: December 19, 1997. Drake Chemical Superfund Site studies conducted at the site indicated William H. Farland, Incinerator full-scale operation in Lock that the remaining contamination in Haven, Pennsylvania. The workshop Director, National Center for Environmental soils presented a serious threat to the Assessment. will be held in Williamsport, environment and human health. The Pennsylvania, and will be open to [FR Doc. 97–33735 Filed 12–23–97; 8:45 am] 1988 Record of Decision concluded that BILLING CODE: 6560±50±P members of the public as observers. The the remaining site wastes, peer review, to be conducted by approximately 200,000 cubic yards of scientists from outside EPA, is being contaminated site soils, sediments, and ENVIRONMENTAL PROTECTION organized to assist in completing the sludges from the on-site lagoons, should AGENCY risk assessment. be excavated and treated on-site in a DATES: The workshop will begin on high temperature incinerator. The [FRL±5940±01] Thursday, January 15, 1998 at 12 Noon excavated soils would be stockpiled Notice of Open Meeting of the and end on Friday, January 16, 1998 at temporarily, remediated in an on-site 12:30 p.m. Members of the public may Environmental Financial Advisory rotary kiln incinerator, then returned to Board on February 10±11, 1998 attend as observers. the site. After all the contaminated soil ADDRESSES: The meeting will be held at had been remediated, the incinerator The Environmental Protection the Genetti Hotel & Conference Center, would be dismantled and removed from Agency’s (EPA) Environmental 200 West 4th Street, Williamsport, the site. Financial Advisory Board (EFAB) will Pennsylvania 17701. Since seating Prior to full-scale operation, a trial hold an open meeting of the full Board capacity is limited, please contact burn process was conducted to ensure on February 10–11, 1998. The meeting Eastern Research Group, Inc., Tel.: (781) incinerator equipment functioned will be held at the National Press Club, 674–7374, by January 9, 1998 to attend according to operational and safety 13th Floor in the Holeman Lounge, 14th the workshop as an observer. specifications. Prior to conducting this and F Streets, NW, Washington, DC. The FOR FURTHER INFORMATION CONTACT: For evaluation, EPA Region III prepared a February 10 session will run from 9 am technical inquires, contact Mr. Gregg trial burn process risk assessment (June, to 5 pm, while the February 11 session Crystall, U.S. EPA Region III, 841 1996). The trial burn process risk will run from 8:15 am to 11 am. Chestnut Street, Philadelphia, PA assessment was developed using EFAB is chartered with providing 19107. Tel.: (215) 566–3207. Copies of approximated data drawn from site soil analysis and advice to the EPA Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67363

Administrator on environmental Selection Working Group, U.S. EPA, (b) Integrated Human Exposure finance. The purpose of this meeting is Office of Ground Water and Drinking Committee to discuss work products under EFAB’s Water (4607), 401 M Street SW., (1) Update on Expedited Action on current strategic action agenda and to Washington, DC 20460. The telephone ‘‘Review of Indoor Air Source Ranking develop an action agenda to direct the number is 202–260–3029, fax 202–260– Database’’ Board’s activities over the remainder of 3762, and e-mail address (2) Commentary on ‘‘Importance of this year and into 1999. Environmental [email protected]. Indoor Air Environments’’ financing topics expected to be Other items on the agenda tentatively Dated: December 18, 1997. include, but are not limited to, the discussed include: cost effective Charlene E. Shaw, environmental management, following: Designated Federal Officer, National Drinking (a) Discussion with Deputy community-based environmental Water Advisory Council. protection, brownfields redevelopment, Administrator Fred Hansen on various [FR Doc. 97–33611 Filed 12–23–97; 8:45 am] Drinking Water State Revolving Funds, issues. and small business access to capital. BILLING CODE 6560±50±M (b) Discussion with the Acting The meeting will be open to the Assistant Administrator for Research public, but seating is limited. For and Development, Mr. Henry Longest on ENVIRONMENTAL PROTECTION Peer Review at EPA. further information, please contact AGENCY Alecia Crichlow, U.S. EPA on 202–564– (c) Updates on Activities of the 5188, or Joanne Lynch, U.S. EPA on [FRL±5940±3] Agency’s FIFRA Scientific Advisory 202–564–4999. Panel (SAP) and the Board of Scientific Science Advisory Board; Notice of Counselors (BOSC) and their Dated: December 11, 1997. Public Meetings interactions with the SAB. Jack Shipley, (d) An update of the Futures activities Acting Comptroller. Pursuant to the Federal Advisory of the SAB. [FR Doc. 97–33610 Filed 12–23–97; 8:45 am] Committee Act, Public Law 92–463, (e) An update on the Integrated Risk BILLING CODE 6560±50±M notice is hereby given that several Project. committees of the Science Advisory (f) A follow-up to the Board’s Board (SAB) will meet on the dates and Strategic Planning Retreat held in ENVIRONMENTAL PROTECTION times described below. All times noted November 1997. AGENCY are Eastern Time and all meetings are FOR FURTHER INFORMATION CONTACT: open to the public, however, seating is Members of the public desiring [FRL±5939±9] limited and available on a first come additional information concerning the National Drinking Water Advisory basis. Documents that are the subject of meeting or who wish to submit Council Occurrence and Contaminant SAB reviews are normally available comments should contact Dr. Donald G. Selection Working Group; Notice of from the originating EPA Office and are Barnes, Designated Federal Official for Open Meeting not available from the SAB Office. the Executive Committee, Science Public drafts of SAB reports are Advisory Board (1400), U.S. EPA, 401 M Under section 10(a)(2) of Pub. L. 92– available to the Agency and the public Street, SW, Washington, DC 20460, 423, ‘‘The Federal Advisory Committee from the SAB Office. Details on telephone (202) 260–4126; fax (202) Act,’’ notice is hereby given that a availability are noted below. 260–9232; or via the INTERNET at: meeting (via conference call) of the 1. Executive Committee (EC) [email protected]. Copies of Occurrence & Contaminant Selection the draft meeting agenda and available Working Group of the National Drinking The Science Advisory Board’s draft reports listed above can be Water Advisory Council established Executive Committee (EC) will meet on obtained from Ms. Priscilla Tillery- under the Safe Drinking Water Act, as Tuesday, January 13, 1998, and Gadson on (202) 260–8414; fax (202) amended (41 U.S.C. S300f et seq.), will Wednesday, January 14, 1998. The 260–7118; or via the INTERNET at: be held on January 7, 1998 from 12:30 meeting will convene each day at 8:30 [email protected]. p.m. to 4:30 p.m. EST. The conference a.m., in the Administrator’s Conference call is open to the public, but due to Room 1103 West Tower of the U.S. 2. Advisory Council on Clean Air availability, conference lines are limited Environmental Protection Agency Compliance Analysis—Three Meetings and access will be granted on a first- Headquarters Building, 401 M Street, The Science Advisory Board’s (SAB) come first-served basis. SW, Washington, DC 20460, and will Advisory Council on Clean Air The purpose of this call is to review adjourn no later than 5:30 p.m. on each Compliance Analysis (ACCACA, or the proposed changes to the first Drinking day (Eastern Time). ‘‘Council’’), its Air Quality Models Water Contaminant Candidate List At this meeting, the Executive Subcommittee (AQMS), and its Health (CCL). The changes will be based on Committee will receive updates from its and Ecological Effects Subcommittee public comments and additional committees and subcommittees (HEES) will each hold public meetings information received as a result of the summarizing their recent and planned on the dates and times described below. October 6, 1997 document (62 FR activities. As part of these updates, All meetings are open to the public, and 52193) of the draft CCL. The Working some committees expect to present draft all times noted are Eastern Time. For Group members will review and discuss reports for the Executive Committee further information concerning the the relevant issues and facts, and review and approval. Expected drafts specific meetings described in this develop proposed recommendations for include: section, please contact the individuals deliberation by the advisory council. (a) Environmental Engineering listed below. These public meetings are Therefore, statements will be taken from Committee a follow-up to earlier Council public the public as time allows. (1) Review of Pollution Prevention teleconference discussions held on For more information, please contact, Research Plan March 14, March 19, May 15 and June Evelyn Washington, Designated Federal (2) Review of Surface Impoundments 30, 1997, as well as the AQMS public Officer, Occurrence & Contaminant Survey teleconference meeting discussions of 67364 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

May 5, 1997 pertaining to the 1990 2a. Air Quality Models Subcommittee calling Ms. Diana L. Pozun at (202) 260– Clean Air Act Amendments (CAAA) 8432 prior to the meeting. section 812 Prospective Study of Costs The Air Quality Models 2c. Advisory Council on Clean Air and Benefits (See 62 FR 10045, Subcommittee (AQMS) of the Advisory Compliance Analysis (the ‘‘Council’’) Wednesday, March 5, 1997, 62 FR Council on Clean Air Compliance 19320, April 21, 1997 and 62 FR 32605, Analysis will meet Thursday, January The Advisory Council on Clean Air June 16, 1997, for further information). 22, 1998, from 9 a.m. to 5 p.m. and Compliance Analysis ( the ‘‘Council’’) of Consistent with the apparent Friday, January 23, 1998 from 9 a.m. to the Science Advisory Board (SAB) will Congressional intent behind section 812 4 p.m. The meeting will take place in meet on Thursday, February 5, 1998 of the 1990 CAAA, and with the the Science Advisory Board Conference from 9 a.m. to 5 p.m. and Friday, Environmental Protection Agency’s Room 2103 of Waterside Mall at the U.S. February 6, 1998 from 9 a.m. to 4 p.m. (EPA’s) judgments regarding the Environmental Protection Agency, 401 The meeting will take place in the potential utility of a comprehensive M Street SW, Washington, DC 20460. Administrator’s Conference Room 1103 economic assessment of the Clean Air The public is welcome to attend the West Tower of Waterside Mall at the Act, the four fundamental goals of the meeting on a space-available basis. U.S. Environmental Protection Agency, first Prospective Study to be submitted Additional instructions about how to 401 M Street SW, Washington, DC to Congress are stated succinctly as participate in the public meeting can be 20460. The public is welcome to attend follows: obtained by calling Ms. Diana L. Pozun the meeting on a space-available basis. (a) To facilitate greater understanding at (202) 260–8432 prior to the meeting. Additional instructions about how to of the value of America’s overall In this meeting, the Subcommittee participate in the public meeting can be investment in clean air, particularly the plans to review the draft documents obtained by calling Ms. Diana L. Pozun value of the additional requirements pertaining to the Clean Air Act at (202) 260–8432 prior to the meeting. established by the 1990–CAAA, Amendments (CAAA) section 812 The Council plans to discuss results of (b) To facilitate greater understanding Prospective Study data, emissions the preliminary findings and of where future investments in air modeling assumptions, methodology, recommendations of its Air Quality pollution control might yield the results and documentation. In previous Models Subcommittee (AQMS) and greatest reduction in adverse human public teleconference meetings of the Health and Ecological Effects health and/or environmental effects for Council (See 61 FR 54196, Thursday, Subcommittee (HEES) in relation to the the resources expended, (c) To help evaluate the significance October 17, 1996, and 62 FR 10045, emissions estimates, modeling of potential new and emerging Wednesday, March 5, 1997 for further assumptions, methodology, results and information pertaining to the benefits information), the Council advised the documentation of the Prospective and costs of air pollution control, and Agency staff that the Subcommittee Study. The various draft documents (d) To help identify areas of economic should review the emissions modeling pertaining to the draft Prospective Study and scientific research where additional information before proceeding to are not available from the Science effort might improve the conduct any model runs. The May 5, Advisory Board, but may be obtained by comprehensiveness of and/or decrease 1997 public teleconference (See 62 FR contacting Ms. Catrice Jefferson (see the uncertainty associated with future 19320, Monday, April 21, 1997) of the below for ordering information). To estimates of the benefits and costs of air AQMS was conducted for this purpose discuss technical aspects of the pollution control. and produced a letter report (See EPA– Prospective Study draft documents, Pursuant to the above four goals, the SAB–COUNCIL–LTR–97–012, dated please call Mr. James DeMocker, Office Agency has embarked on the September 9, 1997 for further of Air and Radiation (see below for Prospective Study activities. These information). further information). activities involve a number of 2b. Health and Ecological Effects 2d. For Further Information component studies, such as analytical Subcommittee design, scenario development, Please contact the SAB staff (see emissions profiles, air quality modeling, The Health and Ecological Effects below) to obtain agendas and to physical effects modeling, direct cost Subcommittee (HEES) of the Advisory determine the logistics and details of the estimation, sector studies, air toxics Council on Clean Air Compliance individual public meetings. analysis, economic valuation, Analysis will meet to review draft To discuss technical aspects of the comparison of benefits and costs, and documents pertaining to the health and draft documents pertaining to the CAA report generation. Working drafts of ecological aspects of the Clean Air Act section 812 Prospective Study, please relevant portions of these components, Amendments (CAAA) section 812 contact Mr. James DeMocker, Office of along with focused charges will be Prospective Study data, emissions Policy Analysis and Review (OPAR) presented to the Council and its two modeling assumptions, methodology, (Mail Code 6103), US Environmental subcommittees, the Air Quality Models results and documentation. The Protection Agency, 401 M Street, SW, Subcommittee (AQMS) and the Health Subcommittee will meet on Thursday, Washington, DC 20460. Tel. (202) 260– and Ecological Effects Subcommittee January 29, 1998, from 9 a.m. to 5 p.m. 8980; FAX (202) 260–9766, or via the (HEES), in the upcoming meetings and Friday, January 30, 1998 from 9 Internet at: described below. The draft documents a.m. to 4 p.m. The meeting will take [email protected]. To that present, compile and document the place in the Administrator’s Conference obtain copies of the draft documents results and methodologies used for the Room 1103 West Tower of Waterside pertaining to the CAA Section 812 Prospective Study, including the Mall at the U.S. Environmental Prospective Study, please contact Ms. Appendices to the future draft Protection Agency, 401 M Street SW, Catrice Jefferson, Office Manager, Office Prospective Study report, which are the Washington, DC 20460. The public is of Policy Analysis and Review (OPAR), subject of these reviews will be welcome to attend the meeting on a (Mail Code 6103), US Environmental available upon request from the space-available basis. Additional Protection Agency, 401 M Street, SW, originating EPA office (See below for instructions about how to participate in Washington, DC 20460. Tel. (202) 260– details). the public meeting can be obtained by 5580; FAX (202) 260–9766, or via the Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67365

Internet at jefferson.catrice least 35 copies) received in the SAB FOR FURTHER INFORMATION CONTACT: By @epamail.epa.gov. Staff Office sufficiently prior to a mail: James A. Hollins, Office of To obtain copies of the meeting meeting date (usually one week prior to Pesticide Programs (7502C), agendas, please contact Ms. Diana L. a meeting), may be mailed to the Environmental Protection Agency, 401 Pozun, Secretary to the Council, AQMS Council and its respective AQMS and M St., SW., Washington, DC 20460. and HEES Science Advisory Board HEES subcommittees prior to its Office location for commercial courier, (1400), U.S. Environmental Protection meeting; comments received too close to delivery, telephone number and e-mail: Agency, Washington DC 20460; at Tel. the meeting date will normally be Rm. 216, Crystal Mall #2, 1921 Jefferson (202) 260–8432; FAX (202) 260–7118; or provided to the Council and its Davis Highway, Arlington, VA, (703) via the Internet: subcommittees in the meeting. Written 305–5761; e-mail: [email protected]. To comments may be provided up until the [email protected]. discuss technical or logistical aspects of time of the meeting. SUPPLEMENTARY INFORMATION: the Council or its AQMS and HEES Dated: December 18, 1997. I. Introduction subcommittee review process or to Donald G. Barnes, Ph. D., submit written comments, please Staff Director, Science Advisory Board. Section 6(f)(1) of FIFRA provides that contact Dr. K. Jack Kooyoomjian, [FR Doc. 97–33613 Filed 12–23–97; 8:45 am] a registrant of a pesticide product may Designated Federal Official to the at any time request that any of its BILLING CODE 6560±50±P Council, AQMS and HEES, at Tel. (202) pesticide registrations be amended to 260–2560; FAX (202) 260–7118; or via delete one or more uses. The Act further the Internet: kooyoomjian.jack ENVIRONMENTAL PROTECTION provides that, before acting on the @epamail.epa.gov. Members of the AGENCY request, EPA must publish a notice of public who wish to attend these public receipt of any such request in the meetings should contact Ms. Pozun at Federal Register. Thereafter, the least one week prior to the meeting of [OPP±34119; FRL 5761±8] Administrator may approve such a interest to express your intention to request. attend. Notice of Receipt of Requests for Amendments to Delete Uses in Certain II. Intent to Delete Uses To request time to provide public Pesticide Registrations comments at the meetings, please This notice announces receipt by the contact Ms. Diana L. Pozun in writing by Agency of applications from registrants AGENCY: Environmental Protection mail, FAX or E–Mail addresses given Agency (EPA). to delete uses in the seven pesticide above no later than one week prior to registrations listed in the following each of the meetings. ACTION: Notice. Table 1. These registrations are listed by registration number, product names, Providing Oral or Written Comments at SUMMARY: In accordance with section active ingredients and the specific uses SAB Meetings 6(f)(1) of the Federal Insecticide, deleted. Users of these products who The Science Advisory Board (SAB) Fungicide and Rodenticide Act (FIFRA), desire continued use on crops or sites expects that public statements presented as amended, EPA is issuing a notice of being deleted should contact the at its meetings will not be repetitive of receipt of request for amendment by applicable registrant before June 22, previously submitted oral or written registrants to delete uses in certain 1998 to discuss withdrawal of the statements. In general, opportunities for pesticide registrations. applications for amendment. This 180– oral comment at meetings will be DATES: Unless a request is withdrawn, day period will also permit interested usually limited to five minutes per the Agency will approve these use members of the public to intercede with speaker and no more than thirty deletions and the deletions will become registrants prior to the Agency approval minutes total. Written comments (at effective on June 22, 1998. of the deletion.

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA Reg No. Product Name Active Ingredient Delete From Label

000241±00356 Triforine Technical Triforine Almonds, apples, apricots, cherries, nectarines, plums,prunes, asparagus, high bush blueberries, cranberries 004581±00280 TOPSIN M Technical Thiophante-Methyl Celery 004581±00322 TOPSIN M 70W Thiophante-Methyl Celery 004581±00352 TOPSIN M 4.5F Thiophante-Methyl Celery 004581±00372 TOPSIN M 85WDG Thiophante-Methyl Celery 004581±00377 TOPSIN M WSB Thiophante-Methyl Celery 008764±00001 Freshgard 25 Sodium o-phenylphenate Apples, cantaloupes, carrots, cherries, cucumbers, nectarines, peaches, peppers, pineapples, plums, sweet potatoes, toma- toes

The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA company number. 67366 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

TABLE 2. Ð REGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

Com- pany No. Company Name and Address

000241 American Cyanamid Co., Agricultural Research Division, P.O. Box 400, Princeton, NJ 08543. 004581 Elf Atochem North America, Inc., 2000 Market Street, Philadelphia, PA 19103. 008764 FMC Corporation, Citrus Systems Division, 1540 Linden St., Riverside, CA 92507.

III. Existing Stocks Provisions DATES: Written comments should be FEDERAL COMMUNICATIONS The Agency has authorized registrants submitted on or before January 23, 1998. COMMISSION to sell or distribute product under the If you anticipate that you will be previously approved labeling for a submitting comments, but find it [DA 97±2639; CC Docket No. 90±571] period of 18 months after approval of difficult to do so within the period of the revision, unless other restrictions time allowed by this notice, you should Notice of Telecommunications Relay have been imposed, as in special review advise the contact listed below as soon Services (TRS) Applications for State actions. as possible. Certification Accepted Dated: December 8, 1997. ADDRESSES: Direct all comments to Judy Released: December 18, 1997. Boley, Federal Communications Linda A. Travers, Commission, Room 234, 1919 M St., Notice is hereby given that the state Director, Information Resources Services N.W., Washington, DC 20554 or via listed below has applied to the Division, Office of Pesticide Programs. internet to [email protected]. Commission for State Telecommunications Relay Service [FR Doc. 97–33450 Filed 12–23–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: For (TRS) Certification. Current state BILLING CODE 6560±50±F additional information or copies of the certifications expire July 25, 1998. information collection(s), contact Judy Applications for certification, covering Boley at 202–418–0214 or via internet at the five year period of July 26, 1998 to FEDERAL COMMUNICATIONS [email protected]. July 25, 2003, must demonstrate that the COMMISSION SUPPLEMENTARY INFORMATION: state TRS program complies with the Commission’s rules for the provision of Notice of Public Information OMB Control No.: 3060–0348. TRS, pursuant to Title IV of the Collection(s) Submitted to OMB for Title: Section 76.79, Records available Americans with Disabilities Act (ADA), Review and Approval for public inspection. 47 U.S.C. 225. These rules are codified at 47 CFR 64.601–605. December 17, 1997. Form No.: FCC Form 457. Copies of applications for certification SUMMARY: The Federal Communications Type of Review: Extension of a are available for public inspection at the Commission, as part of its continuing currently approved collection. Commission’s Common Carrier Bureau, effort to reduce paperwork burden Network Services Division, Room 235, invites the general public and other Respondents: Businesses or other for 2000 M Street, N.W., Washington, D.C., Federal agencies to take this profit. Monday through Thursday, 8:30 AM to opportunity to comment on the Number of Respondents: 2,125. 3:00 PM (closed 12:30 to 1:30 PM) and following information collection(s), as Estimated Time Per Response: 2 the FCC Reference Center, Room 239, required by the Paperwork Reduction hours. 1919 M Street, N.W., Washington, D.C., Act of 1995, Public Law 104–13. An Frequency of Response: daily, from 9:00 AM to 4:30 PM. agency may not conduct or sponsor a Recordkeeping requirement. Interested persons may file comments collection of information unless it on or before January 20, 1997. displays a currently valid control Cost to Respondents: N/A. Comments should reference the relevant number. No person shall be subject to Total Annual Burden: 4,250 hours. state file number of the state application any penalty for failing to comply with Needs and Uses: Section 76.79 that is being commented upon. One a collection of information subject to the requires that every cable and original and five copies of all comments Paperwork Reduction Act (PRA) that multichannel video program distributor must be sent to Magalie Roman Salas, does not display a valid control number. (MVPD) employment unit maintain, for Secretary, Federal Communications Comments are requested concerning (a) public inspection, a file containing Commission, 1919 M Street, N.W., whether the proposed collection of copies of all annual employment reports Washington, D.C. 20554. Two copies information is necessary for the proper and related documents. This collection also should be sent to the Network performance of the functions of the involves the maintenance of a public Services Division, Common Carrier Commission, including whether the inspection file. The Commission does Bureau, 2000 M Street, N.W., Room 235, information shall have practical utility; not dictate how these records are to be Washington, D.C. 20554. (b) the accuracy of the Commission’s kept. The data is used by the general Applications received after October 1, burden estimate; (c) ways to enhance public to assess a cable unit’s/MVPD’s 1997, for which no extension has been the quality, utility, and clarity of the EEO program. information collected; and (d) ways to requested before October 1, 1997, must minimize the burden of the collection of Federal Communications Commission. be accompanied by a petition explaining information on the respondents, Magalie Roman Salas, the circumstances of the late-filing and including the use of automated Secretary. requesting acceptance of the late-filed collection techniques or other forms of [FR Doc. 97–33580 Filed 12–23–97; 8:45 am] application. information technology. BILLING CODE 6712±01±P File No: TRS–97–50. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67367

Applicant: State of New Hampshire general topic will be emergency Maritime Commission, 800 North Public Utilities Commission, State of communication matters relating to EAS. Capitol Street, N.W., Washington, D.C. New Hampshire. 20573, (Telephone: (202) 523–5800). Summary of Proposed Agenda For further information, contact Al FOR FURTHER INFORMATION CONTACT: McCloud, (202) 418–2499, —Orientation. Send requests for copies of the current [email protected], or Andy Firth, (202) —Remarks by FCC Chairman and/or OMB clearances to: George D. Bowers, 418–2224 (TTY), [email protected], at the FCC Defense Commissioner. Director Office of Information Resources Network Services Division, Common —Presentations by the National Weather Management, Federal Maritime Carrier Bureau, Federal Service and Federal Emergency Commission, 800 North Capitol Street, Communications Commission. Management Agency. N.W., Washington, D.C. 20573, —Review of issues and FCC actions/ (Telephone: (202) 523–5834). Federal Communications Commission. items concerning EAS. SUPPLEMENTARY INFORMATION: Magalie Roman Salas, —Updates on state and local EAS plans. OMB Approval Number: 3072–0055 Secretary. —EAS working groups. —Future EAS requirements and NAC Expires May 31, 1998. [FR Doc. 97–33579 Filed 12–23–97; 8:45 am] Abstract: Section 8 of the Shipping BILLING CODE 6712±01±P recommendations to FCC. —Other Business. Act of 1984 requires common carriers —Adjournment. and conferences of such common carriers to file with the Commission and FEDERAL COMMUNICATIONS Administrative Matters keep open for public inspection, tariffs COMMISSION Attendance at the NAC meeting is showing all rates, charges, open to the interested public, but classifications, rules and practices for [DA 97±2624] limited to space availability. Members transportation of cargo between the U.S. of the general public may file a written and foreign ports. Section 8(c) of the Act Emergency Alert System National also provides for the filing of service Advisory Committee statement with the FCC at the above contact address before or after the contracts and statements of the AGENCY: Federal Communications meeting. Members of the public wishing contracts’ essential terms with the Commission. to make an oral statement during the Commission. 46 CFR 514 establishes the requirements, format and user charges ACTION: Notice of Advisory Committee meeting must consult with the NAC at for the electronic publication, filing and Meeting. the above FCC contact address prior to the meeting. Minutes of the meeting will retrieval of tariffs, as well as service SUMMARY: In accordance with Section be available after the meeting at the contracts and their essential terms, 10(a)(2) of the Federal Advisory above contact address. covering the transportation of property performed by common carriers in the Committee Act (Public Law 92–463, 5 Federal Communications Commission. U.S.C., Appendix 2) announcement is foreign commerce of the United States Magalie Roman Salas, made of the following advisory and by combinations of such common committee meeting: Secretary. carriers, including through [FR Doc. 97–33578 Filed 12–23–97; 8:45 am] transportation offered in conjunction Name of Committee: National Advisory BILLING CODE 6712±01±P with one or more carriers not otherwise Committee. subject to the Shipping Act of 1984. Subject: Emergency Alert System. Date of Meeting: January 27, 1998. Needs and Uses: In order to Time of Meeting: 9 am. FEDERAL MARITIME COMMISSION effectively discharge its statutorily- Place: National Association of assigned duties, the Commission uses Broadcasters, 1771 N Street, NW., Notice of Request for Public filed tariff and service contract data for Washington, DC 20036–2891. Comments Regarding Extensions to surveillance and investigatory purposes, Existing OMB Clearances and, in its proceedings, adjudicates FOR FURTHER INFORMATION CONTACT: Ms. related issues raised by private parties. Bonnie Gay, Emergency Alert System AGENCY: Federal Maritime Commission. Frequency: The publishing and filing Staff, Stop Code 1500B1, Federal ACTION: Notice. of tariffs and the filing of service Communications Commission, 1919 M contracts are not assigned a specific SUMMARY: The FMC is preparing Street, NW, Washington, DC 20554 time frame by the Commission; they are submissions to the Office of (phone: 202-418–1228)(fax: 202–418– submitted as circumstances warrant. Management and Budget (OMB) for 2817). That is, a common carrier or conference SUPPLEMENTARY INFORMATION: In 1994, continued approval of the following of such carriers can only charge its the Federal Communications information collections (extensions with customers rates that are on file with the Commission (FCC) established the no changes) under the provisions of the Commission. Rate increases must be Emergency Alert System (EAS) to Paperwork Reduction Act of 1995, as filed on 30 days notice, while decreases replace the Emergency Broadcast amended (44 U.S.C. Chapter 35): OMB can be filed to take effect on immediate System (EBS). EAS uses various No. 3072–0055 (Tariffs and Service notice. communications technologies, such as Contracts); OMB No. 3072–0045 Type of Respondents: Common broadcast stations and cable systems, to (Agreements); and OMB No. 3072–0001 carriers by water are persons who hold alert the public regarding national, state (Admission to Practice). Comments themselves out to the general public to and local emergencies. At the same submitted in response to this notice will provide transportation by water of cargo time, the FCC added a new part 11 to be summarized and/or included in the between the United States and a foreign its rules containing EAS regulations. 47 request for OMB approval and will country for compensation, who assume CFR part 11. The National Advisory become a matter of public record. the responsibility for the transportation Committee (NAC) was established to DATES: Comments must be submitted on from origin to destination and use a assist the FCC administer EAS. Its first or before February 23, 1998. vessel operating on the high seas or the meeting will be held on January 27, ADDRESSES: Send comments to: Edward Great Lakes between a U.S. port and a 1998, in Washington, DC, and the P. Walsh, Managing Director, Federal foreign country. 67368 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Number of annual respondents: The Number of Annual Respondents: Over Total Annual Burden: Ten manhours Commission estimates an annual the last five years the Commission has per year. respondent universe of 3,267. This averaged 358 agreement filings a year Before the Commission submits these number varies as persons file tariffs. from an estimated potential universe of renewal packages to the Office of Estimated time per response: The 764 regulated entities. Starting in mid- Management and Budget, the average time for preparing and filing 1996, certain agreements are required to Commission is inviting public, written tariffs and service contracts is estimated file quarterly monitoring reports under comments on: (a) whether the proposed at 122 person hours. Estimated time per these regulations. The number of annual collections of information are necessary respondent for recordkeeping respondents under this program will for the proper performance of the requirements is estimated at 6 person vary according to the number of functions of the agency, including hours. agreements subject to the reporting whether the information will have Total Annual Burden: The obligation. Last year, 235 agreements practical utility; (b) the accuracy of the Commission estimates the manhour were subject; they filed 940 monitoring Commission’s burden estimates for the burden to file foreign tariffs, service reports. proposed collections of information; (c) contracts and essential terms at 399,829; Estimated Time Per Response: The ways to enhance the quality, utility, and recordkeeping requirements are time for preparing and filing an clarity of the information to be estimated at 12,080 person hours. agreements can range anywhere from as collected; and (d) ways to minimize the OMB Approval Number: 3072–0045 little as three staff-hours to as much as burden of the collections of the (Expires May 31, 1998). 150 staff-hours. The estimated average information on respondents, including Abstract: The Shipping Act of 1984, burden per respondent is 90 staff-hours. through the use of automated collection 46 U.S.C. app. § 1701 et seq., requires Time required for preparing monitoring techniques or other forms of information certain classes of agreements between reports varies according to the technology. and among ocean common carriers and complexity of the filing obligation. Class marine terminal operators to be filed Ronald D. Murphy, C agreements have the least burden, and with the Commission, specifies the Assistant Secretary. mandatory content of those agreements, it is estimated to be about 20 staff-hours. [FR Doc. 97–33615 Filed 12–23–97; 8:45 am] Class A/B agreements require more and defines the Commission’s BILLING CODE 6730±01±M authorities and responsibilities in specific data and hence a greater overseeing these agreements. 46 CFR burden. It is estimated that Class B 572 establishes the form and manner for monitoring reports require about 120 FEDERAL MARITIME COMMISSION filing agreements and for the underlying staff-hours, and Class A reports about commercial data necessary to evaluate 160 staff-hours. Estimated time per Notice of Agreement(s) Filed agreements. respondent under the record-keeping obligations of the regulation is five staff- The Commission hereby gives notice Needs and Uses: Under its pre- of the filing of the following effective review process, the hours. Total Annual Burden: The total agreement(s) under the Shipping Act of Commission reviews agreement filings 1984. to determine statutory and regulatory annual burden on respondents is estimated at 115,000 staff-hours, Interested parties can review or obtain compliance, as well as to assess their copies of agreements at the Washington, anticompetitive impact. After 110,000 staff-hours as the filing burden, and 5,000 staff-hours as the record- DC offices of the Commission, 800 agreements becomes effective, the North Capitol Street, N.W., Room 962. Commission monitors agreement keeping burden. These estimates are based on anticipated filings over the Interested parties may submit comments activities to ensure continued statutory on an agreement to the Secretary, and regulatory compliance. To next year. OMB Approval Number: 3072–0001 Federal Maritime Commission, accomplish this, the Commission Washington, DC 20573, within 10 days continually gathers, reviews, and (Expires May 31, 1998). Abstract: Qualified persons who of the date this notice appears in the interprets commercial data regarding the Federal Register. impact of agreements on competition, desire to practice before the prices, and service in the U.S. foreign Commission must complete and file Agreement No.: 202–010714–023 commerce. Form FMC–12 (Application for Title: Trans-Atlantic American Flag Frequency: The Commission has no Admission to Practice before the Federal Liner Operators control over how frequently agreements Maritime Commission) with the Parties: are entered into; this is solely a matter Commission. Farrell Lines Incorporated between the negotiating parties. When Needs and Uses: The Commission Lykes Lines Ltd., LLC parties do reach an agreement that falls uses data contained in the application to Sea-Land Service, Inc. under the jurisdiction of the 1984 determine to whether applicant have the Synopsis: The proposed amendment Shipping Act, that agreement must be necessary qualifications to enable them would sectionalize the Agreement’s filed with the Commission. Ongoing to represent others in matters before the geographic scope into three surveillance of agreement activities is Commission. subsections and would provide for conducted through the review of Frequency: The collection of the sectional membership, voting, minutes and quarterly monitoring information is on a one-time only basis. independent action, and service reports filed by the more Type of Respondents: Persons contracting. A member not anticompetitive agreements. desiring to practice before the participating in a section to which it Type of Respondents: Parties that Commission in quasi-judicial hearings. otherwise provides service would be enter into agreements subject to the Number of annual respondents: The free to act unilaterally with respect Commission’s oversight are ocean Commission estimates there are thereto. The amendment also makes a common carriers and marine terminal approximately 10 respondents annually number of nonsubstantive, operators operating in the foreign for this one-time response. administrative changes to the oceanborne commerce of the United Estimated Time per response: Agreement. States. Approximately one hour. Agreement No.: 203–011325–013 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67369

Title: Westbound Transpacific Sea-Land Service, Inc. final decision of the Commission shall Stabilization Agreement Synopsis: The proposed modification be issued by April 20, 1999. Parties: permits Sea-Land to exercise its Ronald D. Murphy, American President Lines, Ltd. renewal option by extending the Assistant Secretary. Evergreen Marine Corporation terms until October 31, 2001. In [FR Doc. 97–33614 Filed 12–23–97; 8:45 am] Hanjin Shipping Co., Ltd. addition, the modification amends BILLING CODE 6730±01±M Hapag-Lloyd Container Linie GmbH Hyundai Merchant Marine Co., Ltd. Section 4, Rental, in its entirety; revises Exhibit D—Throughput Rates; Kawasaki Kisen Kaisha, Ltd. FEDERAL MARITIME COMMISSION A.P. Moller-Maersk Line and increases the fees and charges for Mitsui O.S.K. Lines the rental and throughput rates. Small Business Regulatory Neptune Orient Lines, Ltd. Dated: December 18, 1997. Enforcement Fairness Act: Nippon Yusen Kaisha Line By Order of the Federal Maritime Implementation Orient Overseas Container Line, Inc. Commission. AGENCY: P&O Nedlloyd B.V. Federal Maritime Commission. Ronald D. Murphy, P&O Nedlloyd Limited ACTION: Notice. Assistant Secretary. Sea-Land Service, Inc. SUMMARY: [FR Doc. 97–33506 Filed 12–23–97; 8:45 am] On March 29, 1996, Public Synopsis: The proposed modification Law 104–121 was enacted. Title II of the provides for the parties to exchange BILLING CODE 6730±01±M bill, called the ‘‘Small Business their rates on wastepaper and metal Regulatory Enforcement Fairness Act of scrap, to charge only the rates and 1996’’ (‘‘SBREFA’’), affects the Federal FEDERAL MARITIME COMMISSION changes so declared, and to be subject Maritime Commission’s to neutral body policing. (‘‘Commission’’) rulemaking procedures Agreement No.: 203–011506–001 [Docket No. 97±24] and will attach additional requirements Title: Matson/APL Space Sharing to other Commission regulatory activity Agreement Trade Net, Inc. v. Cho Yang Shipping that may impact upon small businesses. Parties: Co., LTD.; Notice of Filing of Complaint This Notice defines ‘‘small business’’ Matson Navigation Company, Inc. and Assignment for Commission regulatory purposes; American President Lines, Ltd. announces new procedures for Synopsis: The proposed modification Notice is given that a complaint filed rulemakings affecting small businesses; expands the geographic scope of the by Trade Net, Inc. (‘‘Complainant’’) and establishes two programs required parties’ space sharing agreement against Cho Yang Shipping Co., Ltd. by SBREFA: (1) A program for include ports and points in Mexico. (‘‘Respondent’’) was served December responding to certain informal inquiries The modification also revises the 19, 1997. Complainant alleges that from small businesses; and (2) a policy vessels to be used under the Respondent has violated section 8(c) of regarding reduction or waiver of civil agreement and provides for other the Shipping Act of 1984 (‘‘the Act’’), 46 penalties in certain cases involving conforming arrangements in U.S.C. app. § 1707, by failing and small businesses. connection with equipment refusing to make available the essential EFFECTIVE DATE: December 24, 1997. interchange and stevedoring/terminal terms of a service contract to FOR FURTHER INFORMATION CONTACT: services. Complainant, a similarly situated Vern W. Hill, Director, Bureau of Agreement No.: 202–011528–006 shipper, on the same basis as they have Enforcement, Federal Maritime Title: Japan/U.S. Eastbound Freight been made applicable to the original Commission, 800 North Capitol Street, Conference contract shipper. NW., Washington, DC 20573, (202) 523– Parties: This proceeding has been assigned to 5783. American President Lines, Ltd. the office of Administrative Law Judges. SUPPLEMENTARY INFORMATION: Sections Hapag-Lloyd Container Line GMBH Hearing in this matter, if any is held, 202–245, Title II of Public Law 104–121, Kawasaki Kisen Kaisha, Ltd. shall commence within the time effective June 27, 1996, place a number Mitsui O.S.K. Lines, Ltd. limitations prescribed in 46 CFR 502.61, of obligations on the Commission A.P. Moller-Maersk Line whenever it regulates ‘‘small business Neptune Orient Lines Limited and only after consideration has been given by the parties and the presiding concerns’’ as defined by 15 U.S.C. 632 Orient Overseas Container Line and regulations issued thereunder by (U.S.A.) officer to the use of alternative forms of dispute resolution. The hearing shall the Small Business Administration P&O Nedlloyd B.V. (‘‘SBA’’). P&O Nedlloyd Limited include oral testimony and cross- Sea-Land Service, Inc. examination in the discretion of the ‘‘Small Business ’’ Defined Wilhelmsen Lines AS presiding officer only upon proper Initially, the Commission must decide Synopsis: The proposed amendment showing that there are genuine issues of whether to adopt the SBA’s definitions provides that P&O Nedlloyd, B.V. and material fact that cannot be resolved on of ‘‘small business’’ as being appropriate P&O Nedlloyd Limited shall be the basis of sworn statements, affidavits, for the Commission’s regulatory considered a single member for voting depositions, or other documents or that purposes. Alternatively, the and quorum purposes in conducting the nature of the matter in issue in such Commission may, after consultation the Agreement’s business. that an oral hearing and cross- with the Office of Advocacy of the SBA, Agreement No.: 224–200147–005 examination are necessary for the and after providing opportunity for Title: Jacksonville Port Authority/Sea- development of an adequate record. public comment, establish its own Land Service, Inc., Marine Terminal Pursuant to the further terms of 46 CFR standards for determining which of its Agreement 502.61, the initial decision of the regulated entities should appropriately Parties: presiding officer in this proceeding shall be considered small businesses within Jacksonville Port Authority be issued by December 21, 1998, and the the context of Commission regulation, 67370 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices and publish such standards in the The dilemma is that, unlike other substantiate its claim and rebut the Federal Register. agencies which may choose to develop presumption. their own standards, the Commission To make that initial determination, Rulemaking Affecting Small Businesses the Commission reviewed SBA neither collects nor maintains any data classifications and standards, and regarding the number of employees or Section 241 of Title II amends the consulted with the SBA’s Office of gross annual revenues of the entities it Regulatory Flexibility Act (‘‘RFA’’), 5 Advocacy. From these sources, we regulates. Indeed, we have no U.S.C. 603, and sets forth additional learned that SBA definitions, preexisting regulatory purpose for doing requirements applicable to rulemaking classifications and standards are so. Thus, for the Commission to create proceedings that will have a significant intended to be as inclusive of small standards by which to define ‘‘small economic impact on a substantial businesses as possible; a purpose which businesses’’, and to determine which number of small businesses. Under does necessarily coincide with the regulated entities fall within those section 242, small businesses now can Commission’s regulatory mandate. standards, a major collection of data seek judicial review of Commission compliance with RFA requirements. The SBA catalogues businesses along from all industry segments would have industry lines using the Standard to be undertaken. Moreover, many of the Compliance Guides Industrial Classification Manual (‘‘SIC’’) Commission’s regulated entities are foreign domiciles from whom such data As required by section 212, each rule published by the Executive Office of the promulgated by the Commission in the President, Office of Management and is not readily accessible. Even assuming sufficient data could be obtained by the future that significantly affects a Budget. SBA then, in accordance with substantial number of small businesses its regulations at 13 CFR 121.201, Commission, the collection and requisite economic analysis of that data will include a ‘‘compliance guide’’ to determines which entities in each assist small businesses in complying classification are small business would entail an unfeasible expenditure of time and resources. For these reasons, with that rule. The content of the establishments based upon the number the Commission has determined to compliance guide may be taken into of their employees or the adopt the SBA’s inclusive standards. account by a reviewing court ‘‘as establishment’s annual receipts in Thus, in the future, the Commission evidence of the reasonableness or millions of dollars. will be considering the small business appropriateness’’ of any proposed The Commission identified the impact of many of its regulatory penalties for noncompliance with the following SIC categories and codes as undertakings. rule. falling within our regulatory However, it is apparent that many jurisdiction: Negative Certifications and Regulatory Commission regulated entities are Flexibility Analyses 4412 Deep Sea Foreign Transportation of VOCCs, PVOs and MTOs which Freight (Vessel Operating Common generally are very large companies with The RFA requires federal agencies Carriers—‘‘VOCCs’’) far in excess of 500 employees, in the either to certify that a ‘‘ * * * rule will 4481 Deep Sea Transportation of Passengers case of VOCCs and PVOs, and $18.5 not have a significant economic impact (Passenger Vessel Operators—‘‘PVOs’’) million in gross revenues in the case of on a substantial number of small 4491 Marine Cargo Handing (Marine MTOs. These companies, as well as entities’’, or to prepare a regulatory Terminal Operators—‘‘MTOs’’) flexibility analysis. Because there are no 4731 Arrangement of Transportation of conferences or associations of such companies, generally represented by developed standards or decisional Freight and Cargo (Ocean Freight guidelines available for measuring Forwarders—‘‘OFFs’’; and Non-Vessel retained counsel, frequently raise, Operating Common Carriers— informally, complex issues responding ‘‘significant economic impact’’ or ‘‘NVOCCs’’) to which involves considerable ‘‘substantial number of small entities’’, Commission time and effort. Such the meaning of those terms will be Business entities in Categories 4412 entities are not the intended small developed on a case by case basis. and 4481, VOCCs and PVOs, are business beneficiaries of SBREFA. If a proposed rule will not have a evaluated by SBA according to their Accordingly, the Commission is significant economic impact on a number of employees. The SBA has making a rebuttable presumption that substantial number of small entities, determined that if such business VOCCs and PVOs, as well as either adverse or beneficial, an initial establishments have less than 500 conferences and associations comprised regulatory flexibility analysis is not employees, they qualify as a small of VOCC and PVO members, have more required. In these instances, the RFA businesses for SBA purposes. Business than 500 employees, and that MTOs at authorizes the Commission’s Chairman establishments in Categories 4491 and United States ports, as well as to make a negative certification with 4731, NVOCCs, OFFs and MTOs, are conferences and associations of such respect to that rulemaking. To make this evaluated by their annual receipts in MTOs, earn gross revenues in excess of threshold determination, the millions of dollars. For these categories, $18.5 million per year. Thus, VOCCs, Commission will undertake a SBA determined that business PVOs and MTOs are presumed not to be preliminary analysis to evaluate the establishments with annual receipts small businesses encompassed within economic impact of a proposed rule on (gross annual revenues) or less than the programs and policies mandated by small business entities. Once this $18.5 million are small businesses. SBREFA. preliminary analysis is completed, the As stated, the Commission could Nevertheless, any VOCC or PVO with Commission either will make a negative accept these SBA standards and treat fewer than 500 employees, or any MTO certification or undertake an initial VOCCs and PVOs having fewer than 500 with less than $18.5 million in gross regulatory flexibility analysis. A employees, and MTOs, OFFs and annual revenues, that seeks to be treated certification of a finding of no NVOCCS having less than $18.5 million as a small business for Commission significant impact on a substantial in gross annual revenues, as small regulatory purposes, may submit a number of entities will be published businesses; or, following established request to such treatment to the with the proposed rule in the Federal procedures, we could develop our own Secretary of the Commission, along with Register and will be accompanied by an standards more closely oriented to the payroll or gross annual revenues explanation of the factual and economic Commission’s regulatory framework. evidence, as applicable, sufficient to bases for the certification. The negative Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67371 certification is subject to judicial tariff filings, licensing and bonding, as under this program in order to review. well as procedural matters. Others are document the name and description of When a proposed rule is expected to far more complex and time consuming, the inquirer, relevant dates, and the have a significant economic impact, involving contingencies and variables substance of the inquiry and the beneficial or adverse, on a substantial that must be clarified or resolved even response thereto. number of small entities, an initial before the precise issue can be Depending on subject matter, regulatory flexibility analysis will be identified. Most often, the latter type inquiries by entities that are small prepared. The initial regulatory inquiries, and those requiring lengthy businesses shall be submitted to the flexibility analysis or a summary of it discussions and follow-up discussions, following individuals at the Federal will be published in the Federal are from VOCCs, PVOs and MTOs Maritime Commission, 800 North Register with the proposed rule. through their retained counsel. For the Capitol Street, N.W., Washington, D.C. Under section 603(b) of the RFA, each same reasons discussed above, the 20573–0001; or at the telephone number initial regulatory flexibility analysis is Commission does not consider inquiries or e-mail address listed below: required to address: (1) reasons why the from these sources to be within the PASSENGER VESSEL CERTIFICATION agency is considering the action, (2) the contemplation of the informal inquiry objectives and legal basis for the program required by SBREFA. Theodore A. Zook ...... 202–523–5856; proposed rule, (3) the kind and number While the Commission will continue [email protected] of small entities to which the proposed to provide informal assistance to all Curt L. Ohlsson ...... 202–523–5856; rule will apply, (4) the projected persons subject to its jurisdiction, with [email protected] reporting, record keeping and other respect to inquiries from small OCEAN FREIGHT FORWARDERS compliance requirements of the businesses, current practices are being proposed rule, and (5) federal rules that augmented because of SBREFA’s new Betty J. Bennett ...... 202–523–5843; [email protected] may duplicate, overlap or conflict with requirements that: Elnora V. Howard ...... 202–523–5843; the proposed rule. In addition, each (1) After 2 years, the Commission [email protected] initial regulatory flexibility analysis must report on the scope of the must describe any significant Commission’s program and the VOCC, NVOCC and MTO TARIFF alternatives to the proposal that achievements of the program in MATTERS accomplish the statutory objectives and assisting small businesses to comply James G. Cannon ...... 202–523–5818; minimize the significant negative with agency statutes and regulations; [email protected] economic impact of the proposal on and Roland E. Ramlow ...... 202–523–5818; small entities. (2) The agency may be held [email protected] When the Commission issues a final accountable for the content of its advice Martin W. Wilson...... 202–523–5818; rule, it will prepare a final regulatory regarding an inquirer’s compliance with [email protected] flexibility analysis or certify that the statutory or regulatory requirements. Ernest L. Estes ...... 202–523–5818; The substance of such advice can be [email protected] rule will not have a significant James H. McEachin ...... 202–523–5818; economic impact on a substantial raised in any subsequent appeal of a [email protected] number of small entities. A final civil penalty imposed against a regulatory flexibility analysis will participating small business entity. SERVICE CONTRACT MATTERS discuss the comments received, the In accordance with SBREFA, and Theodore A. Zook ...... 202–523–5856; alternatives considered and the because of its reporting and [email protected] rationale for the final rule. The analysis accountability provisions, the Mamie H. Black...... 202–523–5856; itself or a summary thereof will be Commission is establishing the [email protected] published in the Federal Register with following procedures: Roland E. Ramlow ...... 202–523–5856; the final rule. The final regulatory Small businesses subject to [email protected] flexibility analysis is subject to judicial Commission jurisdiction are invited to AUTOMATED TARIFF FILING AND review. make informal inquiries regarding the INFORMATION (‘‘ATFI’’) lawfulness of their own activities. This REGISTRATIONS Programs and Policies To Address program will apply to those small Small Business Concerns busineses that, at the time fo the Anne E. Trotter ...... 202–523–5818; SBREFA requires: inquiry, identify themselves and the [email protected] type of their business operations, for Hattie R. Broadnax...... 202–523–5818; (1) That the Commission establish a [email protected] program for responding to informal example, NVOCC or OFF. compliance inquiries from small Inquiries may be submitted by ATFI ACCESS, USE AND FEES businesses (section 213); and (2) That telephone, letter or e-mail depending Pat N. Gorski ...... 202–523–5834; [email protected] the Commission establish a policy or upon the nature and complexity of the program for reduction or waiver of civil inquiry as determined, ultimately, by AGREEMENT MATTERS penalties for violations by small the person receiving the inquiry. Jeremiah D. Hospital...... 202–523–5793; businesses of statutory or regulatory Additional information may be required [email protected] requirements (section 223). and requested. Responses will be prvovided by telephone, letter or e-mail, TRADE MONITORING MATTERS Program to Respond To Informal as appropriate in the opinion of the Frank J. Schwarz ...... 202–523–5845; Inquiries From Small Businesses person responding. [email protected] The staff of the Commission has The program goal is to provide The Office of Informal Inquiries, always responded informally to prompt telephonic advice when Complaints and Informal Dockets telephonic inquiries from the regulated possible, or a written response within (‘‘OIIC’’) (Telephone: 202–523–5807, E- public. Such inquiries are received 20 days of the date that all necessary mail: [email protected]) will continue to daily, and often are handled routinely. information has been received. The receive informal complaints and will Many inquiries involve simple Commission will make and retain attempt informally to resolve related questions regarding matters such as records of each informal inquiry made disputes. OIIC also will be the 67372 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices designated recipient of inquiries from found to be violating Commission Office, 901 Market Street, Suite 570, San small businesses under SBREFA with statutes or regulations. Francisco, CA 94103. (415) 356–5270. respect to subjects not specified above. Under this program, each subject of SUPPLEMENTARY INFORMATION: Pursuant Questions regarding the Commission’s an investigation will be evaluated to to Section 6(f) of the Federal Trade Rules of Practice and Procedure, 46 CFR determine whether, in the Commission Act, 38 Stat. 721, 15 U.S.C. Part 502, do not fall within the scope of circumstances of that particular case, a 46, and Section 2.34 of the this program and should be directed to demand for civil penalties, or Commission’s Rules of Practice (16 CFR the Office of the Secretary (202–523– compliance and waiver of civil 2.34), notice is hereby given that the 5725). Other requests for assistance from penalties, would be the more effective above-captioned consent agreement persons not covered by SBREFA, as in regulatory tool. In making this containing a consent order to cease and the past, may be directed, as applicable, determination, the following factors will desist, having been filed with and to the Office of the General Counsel be considered: accepted, subject to final approval, by (202–523–5740), Bureau of Enforcement 1. Whether the violation was knowing the Commission, has been placed on the (202–523–5783), Bureau of Economics and willful, involved fraud or financial public record for a period of sixty (60) and Agreement Analysis (202–523– gain or caused injury to the public; days. The following Analysis to Aid 5787) or the Bureau of Tariffs, 2. The subject’s history of prior Public Comment describes the terms of Certification and Licensing (202–523– offenses; the consent agreement, and the 3. Extent to which the subject 5796; [email protected]). allegations in the accompanying demonstrates a good faith desire to complaint. An electronic copy of the Reduction or Waiver Of Civil Penalties comply with Commission requirements full text of the consent agreement for Violations by Small Business in the future; and package can be obtained from the 4. The subject’s ability to pay a civil Commission Actions section of the FTC As stated above, SBREFA (§ 223) penalty. requires that the Commission establish Home Page (for December 17, 1997), on Appropriate records will be the World Wide Web, at ‘‘http:// a policy for reduction or waiver of civil maintained in order for the Commission penalties for statutory or regulatory www.ftc.gov/os/actions97.htm.’’ A to fulfill its responsibility for filing paper copy can be obtained from the violations by small businesses. Within required reports to Congress. two years, the Commission must report FTC Public Reference Room, Room H– to four Congressional Committees on: By the Commission. 130, Sixth Street and Pennsylvania (1) The scope of the policy or program; Ronald D. Murphy, Avenue, N.W., Washington, D.C. 20580, (2) the number of enforcement actions Assistant Secretary. either in person or by calling (202) 326– that qualified or failed to quality for the [FR Doc. 97–33560 Filed 12–23–97; 8:45 am] 3627. Public comment is invited. Such comments or views will be considered program or policy; and (3) the total BILLING CODE 6730±01±M amount of penalty reductions and by the Commission and will be available waivers granted. SBREFA and its for inspection and copying at its principal office in accordance with legislative history suggest certain FEDERAL TRADE COMMISSION approaches, i.e., consider ability to pay; Section 4.9(b)(6)(ii) of the Commission’s consider good faith shown by the small [File No. 962±3154] Rules of Practice (16 CFR 4.9(b)(6)(ii)). business; require that the violation be Honeywell Inc.; Analysis to Aid Public Analysis of Proposed Consent Order to discovered through an agency supported Comment Aid Public Comment compliance assistance program; and The Federal Trade Commission has AGENCY: Federal Trade Commission. allow for violations to be corrected accepted an agreement, subject to final within a reasonable time. Repeat ACTION: Proposed Consent Agreement. approval, to a proposed consent order offenses or violations involving willful SUMMARY: The consent agreement in this from respondent Honeywell Inc. or criminal conduct are not intended to (‘‘Honeywell’’) a Delaware corporation. be included within the policy. matter settles alleged violations of federal law prohibiting unfair or The proposed consent order has been Reduction of Civil Penalties deceptive acts or practices or unfair placed on the public record for sixty (60) days for reception of comments by methods of competition. The attached The Commission already is subject to interested persons. Comments received Analysis to Aid Public Comment statutory requirements with regard to during this period will become part of describes both the allegations in the civil penalties, including consideration the public record. After sixty (60) days, draft complaint that accompanies the of a respondent’s ability to pay, as well the Commission will again review the consent agreement and the terms of the as its size and financial condition and agreement and the comments received consent order—embodied in the consent the circumstances of the violation. The and will decide whether it should agreement—that would settle these Commission has followed those withdraw from the agreement and take allegations. requirements in the past and will other appropriate action or make final continue to do so in the future. In DATES: Comments must be received on the agreement’s proposed order. addition, appropriate records will be or before February 23, 1998. Honeywell manufacturers and maintained so that the Commission can ADDRESSES: Comments should be markets various types of air cleaning fulfill its responsibility to file requisite directed to: FTC/Office of the Secretary, products, including a line of portable, reports to Congress. Room 159, 6th St. and Pa. Ave., N.W., room air cleaners. These ‘‘Honeywell Washington, D.C. 20580. Air Purifiers’’ include an ‘‘enviracaire Voluntary Compliance and Waiver of FOR FURTHER INFORMATION CONTACT: True HEPA filter.’’ The Commission’s Civil Penalties Linda K. Badger, Federal Trade complaint charges that respondent’s The Commission has established an Commission, San Francisco Regional advertising for the Honeywell Air internal policy, to be used in Office, 901 Market Street, Suite 570, San Purifier included unsubstantiated appropriate cases, to obtain ‘‘voluntary’’ Francisco, CA 94103. (415) 356–5270. claims of efficacy and allergy relief. compliance by, and waiver of civil Kerry O’Brien, Federal Trade Specifically, the complaint alleges that penalties against, small businesses Commission, San Francisco Regional the respondent did not possess adequate Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67373 substantiation for claims that: (1) The Furthermore, claims that state or imply standards are being issued to update the filter in a Honeywell Air Purifier a level of performance under any set of 1983 ‘‘Standards for Internal Controls in removes 99.97% of mold spores, dust conditions, such as household loving the Federal Government.’’ The proposed mite allergens, bacteria and viruses from conditions, must be substantiated by standards incorporate the existing the air that people breathe under evidence that either relates to such standards and the components of household living conditions; (2) The conditions or that was extrapolated to internal control covered in Internal filter in a Honeywell Air Purifier such conditions by generally accepted Control—Integrated Framework, removes nearly all or 99.97% of procedures. The specific claims covered Committee of Sponsoring Organizations impurities from the air that people by Part I include any representation: (1) of the Treadway Commission (COSO), breathe under household living about such products’s ability to September 1992. The proposed conditions; (3) Consumers who use a eliminate, remove, clear, or clean any standards are intended to assist program Honeywell Air Purifier that changes the quantity of indoor air contaminants and financial managers achieve the air in a room six or more times per hour under household living conditions; and internal control objectives of their will experience noticeable symptom (2) that such product will perform under organizations. This notice indicates that relief from allergies and other any set of conditions, including the proposed standards are available respiratory problems; and (4) Honeywell household living conditions. from GAO for review and comment. Air Purifiers provide proven relief from Part II of the proposed consent order DATES: Comments must be received by allergy symptoms. includes fencing-in relief, requiring that March 11, 1998. According to the proposed complaint, Honeywell possess competent and ADDRESSES: Copies of the internal the 99.97% figure used in Honeywell’s reliable evidence, which when control standards draft are available by advertisement refers to the filter’s appropriate must be competent and (1) pick-up at Document Distribution, expected efficiency in removing reliable scientific evidence, for any U.S. General Accounting Office, Room particles that actually pass through the claim about the performance, health or 1100, 700 4th Street, NW. (corner of 4th filter. While the filter’s efficiency is a other benefits, or efficacy of any air and G Streets, NW.), Washington, DC; factor in assessing the effectiveness of cleaning product which is normally (2) mail from U.S. General Accounting an air purifier in particulate removal, used for personal, family, or household Office, P.O. Box 37050, Washington, DC this figure overstates the actual purposes. 20013; (3) phone at 202–512–6000 or effectiveness of the air purifier in The proposed order also requires that FAX 202–512–6061 or TDD 202–512– removing pollutants from the air in a respondent to maintain materials relied 2537; or (4) on GAO’s home page (http:/ user’s environment. The actual upon to substantiate claims covered by /www.gao.gov) on the Internet. effectiveness of an air purifier, the order; to provide a copy of the Comments should be addressed to the according to the proposed complaint, consent agreement to all employees or Robert W. Gramling, Director, Corporate depends on a variety of factors representatives involved in the Audits and Standards, Accounting and including, the amount of air that the air preparation and placement of the Information Management Division, U.S. purifier processes, the nature of the company’s advertisements, as well as to General Accounting Office, 441 G Street pollutant, and the rate at which the all company executives and marketing NW., Room 5089, Washington, DC pollutant is being introduced into the and sales managers; to notify the 20548. environment. Commission of any changes in corporate Additionally, with respect to the FOR FURTHER INFORMATION CONTACT: structure that might affect compliance allergy relief claims made by Robert W. Gramling, 202–512–9406. with the order; and to file one or more Honeywell, the proposed complaint SUPPLEMENTARY INFORMATION: Beginning reports detailing compliance with the states that there is no guarantee that an with the Accounting and Auditing Act order. individual who suffers from allergies or of 1950, agency heads have been The purpose of this analysis is to other respiratory problems will derive a required to establish and maintain facilitate public comment on the discernible reduction in symptoms effective internal control. Since then, through the use of these or other air proposed order. It is not intended to other laws have required renewed focus purifiers. Whether individuals will constitute an official interpretation of on internal control. The Federal derive such relief depends on many the agreement and proposed order or to Managers’ Financial Integrity Act variables including, the source and modify in any way their terms. (FMFIA) of 1982, for example, requires severity of their allergies, whether the Donald S. Clark, agency heads periodically to evaluate allergens at issue tend to remain Secretary. their systems of internal control, using airborne, the rate at which the allergens [FR Doc. 97–33575 Filed 12–23–97; 8:45 am] the guidance issued by the Office of are emitted into their homes or offices, BILLING CODE 6750±01±M Management and Budget, and to prepare and other environmental factors. a report on whether their systems The proposed consent order contains conform to the standards issued by the provisions designed to remedy the GENERAL ACCOUNTING OFFICE GAO. Most recently, the Federal violations charged and to prevent the Financial Management Improvement respondent from engaging in similar [GAO/AIMD±98±21.3.1] Act (FFMIA) of 1996, in focusing on financial management systems, acts and practices in the future. Standards for Internal Control in the Part I of the proposed order would identified internal control as an integral Federal Government prohibit Honeywell from making certain part of those systems. The OMB Circular efficacy claims about Honeywell Air AGENCY: General Accounting Office. A–123, ‘‘Management Accountability  Purifiers, enviracaire True HEPA ACTION: Notice of document availability. and Control,’’ June 21, 1995, provides filters, or any other air cleaning product the requirements for assessing controls. which is normally used for personal, SUMMARY: The General Accounting Over the years, GAO has issued family, or household purposes, unless at Office (GAO) is seeking public comment numerous publications to assist the time of making the claims it on the proposed ‘‘Standards for Internal agencies in establishing and possesses and relies upon competent Controls in the Federal Government maintaining effective internal control and reliable scientific evidence. dated December 1997.’’ The proposed systems. In 1983, GAO drew on its 67374 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices previously issued guidance and experts health; radiation effects research; Eligible Applicant throughout government, private sector, environmental studies and toxicology; Assistance was provided only to the and academic communities to develop and children, youth and families. The National Academy of Sciences, and issue ‘‘Standards for Internal purpose of this cooperative agreement is Washington, D.C. No other applications Controls in the Federal Government’’ to to provide access to expertise regarding were solicited. The National Academy facilitate implementation of FMFIA. matters of interest to PHS, including of Sciences (NAS) is the only Although those standards remain independent advice on how complex organization that has the ability to conceptually sound and are used issues might be defined and addressed assemble such National scientific throughout the federal government, this in discrete studies and on planning to expertise in a range of health-related update enhances the standards by address the problems and issues fields to furnish independent advice recognizing recent internal control identified. and guidance of the highest quality with evaluation guidance developed by the FOR FURTHER INFORMATION CONTACT: an unparalleled level of objectivity. This private sector with assistance from GAO Cindy Oswald, Contract Specialist, combination of advice and objectivity is and others, as well as to giving greater Program Support Center, AOS/Division a distinct asset to the PHS in carrying recognition to the increasing use of of Acquisition Management, 5600 out its mission. information technology. Fishers Lane, Room 5–101, Rockville, The internal control standards Maryland 20857, for information about Catalog of Federal Domestic Assistance contained in the proposed standards this program, and Linda Meyers, Ph.D., Number follow the COSO guidance closely and Office of Disease Prevention and Health A Catalog of Federal Domestic refer to portions of OMB Circular A–123 Promotion, Office of Public Health and Assistance Number is not required that provide guidance for evaluating Science, Room 738–G, 200 because the project is the only one internal control. However, two of the Independence Avenue, S.W., funded in this activity. standards concerning management Washington, DC 20201, for reporting on internal control and programmatic technical assistance. Executive Order 12372 Review resolution of audit findings are SUPPLEMENTARY INFORMATION: This application is not subject to standards not addressed by COSO but Approximately $450,000 will be Intergovernmental Review of Federal reflect the public’s demand for a high available in FY 1998 to support this Programs as governed by Executive level of accountability for government project. This award was effective Order 12372. stewardship of resources. These two December 1, 1997, for a 12-month standards are currently required by law Public Health System Reporting budget period with a project period of and by the existing internal control Requirements 5 years. Funding estimates may vary standards. Appendix II cross-references and are subject to change. Continuation This program is not subject to the the existing standards with those awards within the project period will be Public Health System Reporting proposed in the document. made if progress is satisfactory and Requirements. Comments received will be reviewed funds are available. and the proposed standards will be Dated: December 17, 1997. The PHS is committed to achieving revised as necessary. Publication of the Susanne A. Stoiber, the health promotion and disease final standards will be announced in the Acting Deputy Assistant Secretary for Health prevention objectives of Healthy People Federal Register. (Disease Prevention and Health Promotion). 2000, an HHS-led national activity to Gene L. Dodaro, [FR Doc. 97–33504 Filed 12–23–97; 8:45 am] reduce morbidity and mortality and BILLING CODE 4160±17±M Assistant Comptroller General for Accounting improve the quality of life. This and Information Management. announcement is related to objectives in [FR Doc. 97–33623 Filed 12–23–97; 8:45 am] nearly all priority areas. (To order a DEPARTMENT OF HEALTH AND BILLING CODE 1610±02±P copy of ‘‘Healthy People 2000: HUMAN SERVICES Midcourse Review and Revisions,’’ contact the Superintendent of Office of the Secretary DEPARTMENT OF HEALTH AND Documents, Government Printing HUMAN SERVICES Office, P.O. Box 371954, Pittsburgh, PA Notice of Availability 15250–7954; Telephone (202) 512–1800; Office of the Secretary AGENCY: Office of Disease Prevention Internet address: http:// and Health Promotion, Office of Public Cooperative Agreement With the www.access.gpo.gov/index.html.) Health and Science. National Academy of Sciences Authority ACTION: Commission on Dietary AGENCY: Office of Public Health and This program is authorized under Supplement Labels: Notice of Science. Sections 301 and 1701 of the Public Availability of Final Report. Health Act. ACTION: Notice. SUMMARY: The Department of Health and Human Services (HHS) is providing SUMMARY: On behalf of the Public Health Smoke-free Workplace Service agencies (PHS), the Office of The PHS strongly encourages all notice of the availability of the Report Public Health and Science has entered funding recipients to provide a smoke- of the Commission on Dietary into a cooperative agreement with the free workplace and promote the non-use Supplement Labels. National Academy of Sciences to of all tobacco products, and Public Law DATES: The final report of the provide core support for activities in a 103–227, the Pro-Children’s Act of 1994, Commission on Dietary Supplement number of health areas, including health prohibits smoking in certain facilities Labels was delivered to the Secretary, promotion and disease prevention; that receive Federal funds in which Health and Human Services, the health care services; neuroscience and education, library, day care, health care, President, and Congress on November behavioral health; health sciences and early childhood development 24, 1997. policy; food and nutrition; international services are provided to the children. FOR FURTHER INFORMATION CONTACT: Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67375

The final report of the Commission is Dated: December 11, 1997. identified 275 hazardous substances available from the Superintendent of Susanne A. Stoiber, that ATSDR and EPA determined pose Documents, Government Printing Acting Deputy Assistant Secretary for Health the most significant potential threat to Office, P.O. Box 371954, Pittsburgh, PA (Disease Prevention and Health Promotion), human health. The availability of the 15250–7954 (202–512–1800) (Stock U.S. Department of Health and Human revised list of the 275 most hazardous Number 017–001–00531–2). The final Services. substances was announced in the report is also available on the [FR Doc. 97–33502 Filed 12–23–97; 8:45 am] Federal Register on November 17, 1997 INTERNET at http://web.health.gov/ BILLING CODE 4160±17±M (62 FR 61332). For prior versions of the dietsupp/. For additional information, list of substances see Federal Register contact Kenneth D. Fisher, Ph.D., notices dated April 29, 1996 (61 FR DEPARTMENT OF HEALTH AND 18744); April 17, 1987 (52 FR 12866); Executive Director, Commission on HUMAN SERVICES Dietary Supplement Labels, Office of October 20, 1988 (53 FR 41280); October Disease Prevention and Health Agency for Toxic Substances and 26, 1989 (54 FR 43619); October 17, Promotion, Room 738G, Hubert H. Disease Registry 1990 (55 FR 42067); October 17, 1991 Humphrey Building, 200 Independence (56 FR 52166); October 28, 1992 (57 FR [ATSDR±131] 48801); and February 28, 1994 (59 FR Ave. S.W., Washington, D.C. 20201, 9486). (202) 690–5526 or facsimile (202–205– Availability of Final Toxicological 0463). Profiles Notice of the availability of drafts of the ninth set of toxicological profiles for SUPPLEMENTARY INFORMATION: Public AGENCY: Agency for Toxic Substances public review and comment was Law 103–417, Section 12, authorized and Disease Registry (ATSDR), published in the Federal Register on the establishment of a Commission on Department of Health and Human October 30, 1995 (60 FR 55272), with Dietary Supplement Labels whose seven Services (HHS). notice of a 90-day public comment members were appointed by the ACTION: Notice of availability. period for each profile, starting from the President in November, 1995. The SUMMARY: This notice announces the actual release date. Following the close appointments to the Commission by the availability of three new final and eight of each comment period, chemical- President and the establishment of the updated final toxicological profiles of specific comments were addressed, and Commission by the Secretary of Health priority hazardous substances where appropriate, changes were and Human Services reflect the comprising the ninth set prepared by incorporated into each profile. The commitment of the President and the ATSDR. public comments and other data Secretary to the development of a sound FOR FURTHER INFORMATION CONTACT: Ms. submitted in response to the Federal and consistent regulatory policy on Loretta Norman, Division of Toxicology, Register notice bear the docket control labeling of dietary supplements. Agency for Toxic Substances and number ATSDR–102. This material is The Commission has conducted a Disease Registry, Mailstop E–29, 1600 available for public inspection at the study that provides recommendations Clifton Road, NE., Atlanta, Georgia Division of Toxicology, Agency for Toxic Substances and Disease Registry, for regulation of label claims and 30333, telephone (404) 639–6322. Building 4, Suite 2400, Executive Park statements for dietary supplements, SUPPLEMENTARY INFORMATION: The Drive, Atlanta, Georgia, (not a mailing including the use of supplemental Superfund Amendments and address) between 8 a.m. and 4:30 p.m., literature in connection with their sale Reauthorization Act (SARA) (Pub. L. 99–499) amends the Comprehensive Monday through Friday, except legal and, in addition, procedures for holidays. evaluation of label claims. The Environmental Response, Commission has also considered how Compensation, and Liability Act Availability best to provide truthful, scientifically (CERCLA or Superfund) (42 U.S.C. 9601 valid, and non-misleading information et seq.) by establishing certain This notice announces the availability to consumers in order that they may requirements for ATSDR and the of three new final and eight updated Environmental Protection Agency (EPA) final toxicological profiles comprising make informed health care choices for with regard to hazardous substances the ninth set prepared by ATSDR. The themselves and their families. which are most commonly found at following toxicological profiles are now In accordance with the provisions of facilities on the CERCLA National available through the U.S. Department its Charter, dated February 13, 1997, Priorities List (NPL). Among these of Commerce, National Technical delivery of the Commission’s final statutory requirements is a mandate for Information Service (NTIS), 5285 Port report constitutes completion of the the Administrator of ATSDR to prepare Royal Road, Springfield, Virginia 22161, function of the Commission. toxicological profiles for each substance telephone 1–800–553–6847. There is a Accordingly, the Commission has been included on the priority lists of charge for these profiles as determined discharged. hazardous substances. These lists by NTIS.

Toxicological profile NTIS order No. CAS No.

Ninth Set: 1. BENZENE (UPDATE) ...... PB98±101157 000071±43±2 2. CHLORFENVINPHOS ...... PB98±101116 000470±90±6 3. CHLOROFORM (UPDATE) ...... PB98±101140 000067±66±3 4. CHLORPYRIFOS ...... PB98±103088 002921±88±2 5. CYANIDE (UPDATE) ...... PB98±101207 000057±12±5 AMMONIUM THIOCYANATE ...... 001762±95±4 CYANAZINE ...... 021725±46±2 HYDROGEN CYANIDE ...... 000074±90±8 SODIUM CYANIDE ...... 000143±33±9 67376 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Toxicological profile NTIS order No. CAS No.

THIOCYANATE ...... 000302±04±5 POTASSIUM CYANIDE ...... 000151±50±8 CALCIUM CYANIDE ...... 000592±01±8 COPPER(I) CYANIDE ...... 000544±92±3 POTASSIUM SILVER CYANIDE ...... 000506±61±6 CYANOGEN ...... 000460±19±5 CYANOGEN CHLORIDE ...... 000506±77±4 6. DICHLORVOS ...... PB98±101124 000062±73±7 7. NICKEL (UPDATE) ...... PB98±101199 007440±02±0 NICKEL CHLORIDE ...... 007718±54±9 NICKEL OXIDE ...... 001313±99±1 NICKEL SULFATE ...... 007786±81±4 NICKEL SUBSULFIDE ...... 012035±72±2 NICKEL ACETATE ...... 000373±02±4 NICKEL NITRATE ...... 013138±45±9 8. POLYCHLORINATED BIPHENYLS (UPDATE) ...... PB98±101173 001336±36±3 AROCLOR 1016 ...... 012674±11±2 AROCLOR 1221 ...... 011104±28±2 AROCLOR 1232 ...... 011141±16±5 AROCLOR 1242 ...... 053469±21±9 AROCLOR 1248 ...... 012672±29±6 AROCLOR 1254 ...... 011097±69±1 AROCLOR 1260 ...... 011096±82±5 AROCLOR 1262 ...... 037324±23±5 AROCLOR 1268 ...... 011100±14±4 9. TETRACHLOROETHYLENE (UPDATE) ...... PB98±101181 000127±18±4 10. TRICHLOROETHYLENE (UPDATE) ...... PB98±101165 000079±01±6 11. VINYL CHLORIDE (UPDATE) ...... PB98±101132 000075±01±4

Dated: December 17, 1997. Reauthorization Act (SARA) of 1986 the Federal Register on October 18, Georgi Jones, (Pub. L. 99–499) amended the 1994 (59 FR 52549), with notice of a 90- Director, Office of Policy and External Affairs, Comprehensive Environmental day public comment period for each Agency for Toxic Substances and Disease Response, Compensation, and Liability profile, starting from the actual release Registry. Act of 1980 (Superfund) or CERCLA. date. Following the close of each [FR Doc. 97–33507 Filed 12–23–97; 8:45 am] Section 211 of SARA also amended comment period, chemical-specific BILLING CODE 4163±70±P Title 10 of the U.S. Code, creating the comments were addressed, and where Defense Environmental Restoration appropriate, changes were incorporated Program. Section 2704(a) and (b) of Title into each profile. DEPARTMENT OF HEALTH AND 10 of the U.S. Code directs the Secretary HUMAN SERVICES of Defense to notify the Secretary of The public comments, the Health and Human Services of not less classification of and response to those Agency For Toxic Substances and than 25 of the most commonly found, comments, and other data submitted in Disease Registry unregulated hazardous substances at response to the Federal Register notice [ATSDR±132] defense facilities. The Secretary of HHS bear the docket control number ATSDR– shall take necessary steps to ensure the 86. This material is available for public Availability of Final Toxicological timely preparation of toxicological inspection at the Division of Toxicology, Profiles profiles of these substances. Each profile Agency for Toxic Substances and includes an examination, summary and Disease Registry, Building 4, Suite 2400, AGENCY: Agency for Toxic Substances interpretation of available toxicological Executive Park Drive, Atlanta, Georgia and Disease Registry (ATSDR), information and epidemiological (not a mailing address), between 8 a.m. Department of Health and Human evaluations. This information and these and 4:30 p.m., Monday through Friday, Services (HHS). data are used to ascertain the levels of except legal holidays. ACTION: Notice of availability. significant human exposure for the substance and the associated health Availability SUMMARY: This notice announces the effects. The profiles include a availability of nine final toxicological determination of whether adequate This notice announces the availability profiles on unregulated hazardous information on the health effects of each of nine final toxicological profiles for substances prepared by ATSDR for the substance is available or under the Department of Defense. The Department of Defense. development. When adequate following toxicological profiles are now FOR FURTHER INFORMATION CONTACT: Ms. information is not available, in available through the U.S. Department Loretta Norman, Division of Toxicology, cooperation with the National of Commerce, National Technical Agency for Toxic Substances and Toxicology Program (NTP), ATSDR may Information Service (NTIS), 5285 Port Disease Registry, Mailstop E–29, 1600 plan a program of research designed to Royal Road, Springfield, Virginia 22161, Clifton Road, NE., Atlanta, Georgia determine these health effects. telephone 1–800–553–6847. There is a 30333, telephone (404) 639–6322. Notice of the availability of nine new charge for these profiles as determined SUPPLEMENTARY INFORMATION: The draft toxicological profiles for public by NTIS. Superfund Amendments and review and comment was published in Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67377

Toxicological profile NTIS order No. CAS No.

1. Di±N±OCTYLPHTHALATE ...... PB98±101033 000117±84±0 2. ETHYLENE GLYCOL/ ...... PB98±101108 000107±21±1 PROPYLENE GLYCOL ...... 000057±55±6 3. HEXACHLOROETHANE ...... PB98±101041 000067±72±1 4. HMX ...... PB98±101058 002691±41±0 5. HYDRAULIC FLUIDS ...... PB98±101066 VARIOUS 6. HYDRAZINES ...... PB98±101025 000302±01±2 1,1-DIMETHYLHYDRAZINE ...... 000057±14±7 1,2-DIMETHYLHYDRAZINE ...... 000540±73±8 DIMETHYLHYDRAZINE ...... 030260±66±3 7. MINERAL-BASED CRANKCASE OIL ...... PB98±101066 008002±05±9 8. TITANIUM TETRACHLORIDE ...... PB98±101074 007550±45±0 9. WHITE PHOSPHORUS ...... PB98±101082 007723±14±0

Dated: December 17, 1997. National Vaccine Plan and NVAC’s role in licensure and use of safe and effective new Georgi Jones, defining priorities for action; unmet needs vaccines; combination vaccines, strategic Director, Office of Policy and External Affairs, funding—past, present and future; adult options; and defining future vaccines policy Agency for Toxic Substances and Disease immunization: report of the workgroup; use issues for travelers’ vaccines. Registry. of non-traditional sites for adult Name: Subcommittee on Vaccine Safety. immunization; influenza: a growing need for [FR Doc. 97–33508 Filed 12–23–97; 8:45 am] Time and Date: 2 p.m.–5 p.m., January 12, pandemic preparedness; and a discussion on 1998. BILLING CODE 4163±70±P vaccines for international travel. Place: Hubert H. Humphrey Building, In addition, there will be updates on Room 800, 200 Independence Avenue, SW, welfare reform and effects on immunization; Washington, DC 20201. DEPARTMENT OF HEALTH AND moving towards a Department of Health and Status: Open to the public, limited only by HUMAN SERVICES Human Services’ vaccine safety action plan; the space available. work group on philosophical exemptions— Purpose: This subcommittee will review Centers for Disease Control and final report; the presidential initiative on issues relevant to vaccine safety and adverse Prevention immunization registries; global use of reactions to vaccines. critically needed vaccines—strategies to Matters To Be Discussed: This National Vaccine Advisory Committee consider. There will be reports from the subcommittee will hold discussions (NVAC), Subcommittee on Future Subcommittee on Immunization Coverage, regarding its goals; a report from the Task Vaccines, Subcommittee on Subcommittee on Future Vaccines, and Force on Safer Childhood Vaccines; a project Subcommittee on Vaccine Safety. Immunization Coverage, and report on benefit-risk communication Name: Subcommittee on Immunization curriculum development; and agenda items Subcommittee on Vaccine Safety: Coverage. Meetings for the next meeting. Time and Date: 2 p.m.–5 p.m., January 12, Agenda items are subject to change as In accordance with section 10(a)(2) of 1998. priorities dictate. the Federal Advisory Committee Act Place: Hubert H. Humphrey Building, Contact Person for More Information: Room 423A, 200 Independence Avenue, SW, Felecia D. Pearson, Committee Management (Pub. L. 92–463), the Centers for Disease Washington, DC 20201. Control and Prevention (CDC) Specialist, NVPO, CDC, 1600 Clifton Road, Status: Open to the public, limited only by NE, M/S D50, Atlanta, Georgia 30333, announces the following Federal the space available. telephone 404/639–4450. advisory committee meetings. Purpose: This subcommittee will identify and propose solutions that provide a Dated: December 19, 1997. Name: National Vaccine Advisory Carolyn J. Russell, Committee (NVAC). multifaceted and holistic approach to Times and Dates: 9 a.m.–2 p.m., January reducing barriers that result in low Director, Management Analysis and Services 12, 1998. 8:30 a.m.–1:15 p.m., January 13, immunization coverage for children. Office, Centers for Disease Control and 1998. Matters To Be Discussed: This Prevention (CDC). Place: Hubert H. Humphrey Building, subcommittee will hold a discussion on the [FR Doc. 97–33666 Filed 12–23–97; 8:45 am] review of recommendations from the Room 800, 200 Independence Avenue, SW, BILLING CODE 4163±18±P Washington, DC 20201. document, ‘‘Strategies to Sustain Status: Open to the public, limited only by Immunization Coverage,’’ and the finalization of those recommendations. the space available. DEPARTMENT OF HEALTH AND Name: Subcommittee on Future Vaccines. Notice: In the interest of security, the HUMAN SERVICES Department has instituted stringent Time and Date: 2 p.m.–5 p.m., January 12, 1998. procedures for entrance to the Hubert H. Food and Drug Administration Humphrey Building by non-government Place: Hubert H. Humphrey Building, employees. Thus, persons without a Room 405A, 200 Independence Avenue, SW, [Docket No. 97D±0148] government identification card should plan Washington, DC 20201. to arrive at the building each day either Status: Open to the public, limited only by International Conference on between 8 and 8:30 a.m. or 12:30 and 1 p.m. the space available. Harmonisation; Guidance on so they can be escorted to the meeting. Purpose: The Subcommittee on Future Impurities: Residual Solvents Entrance to the meeting at other times during Vaccines will develop policy options and the day cannot be assured. guide national activities which will lead to AGENCY: Food and Drug Administration, accelerated development, licensure, and best Purpose: This committee advises and HHS. makes recommendations to the Director of use of new vaccines in the simplest possible the National Vaccine Program on matters immunization schedules. ACTION: Notice. related to the Program responsibilities. Matters To Be Discussed: This Matters To Be Discussed: Agenda items subcommittee will hold discussions SUMMARY: The Food and Drug will include updates on the National Vaccine regarding the continued evaluation of Administration (FDA) is publishing a Program Office (NVPO) activities; the methods to remove barriers to development, guidance entitled ‘‘Q3C Impurities: 67378 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Residual Solvents.’’ The guidance was the Japanese Ministry of Health and such approach satisfies the prepared under the auspices of the Welfare, the Japanese Pharmaceutical requirements of the applicable statute, International Conference on Manufacturers Association, the Centers regulations, or both. Harmonisation of Technical for Drug Evaluation and Research As with all of FDA’s guidances, the Requirements for Registration of (CDER) and Biologics Evaluation and public is encouraged to submit written Pharmaceuticals for Human Use (ICH). Research (CBER), FDA, and the comments with new data or other new The guidance recommends acceptable Pharmaceutical Research and information pertinent to this guidance. amounts of residual solvents in Manufacturers of America. The ICH The comments in the docket will be pharmaceuticals for the safety of the Secretariat, which coordinates the periodically reviewed, and, where patient, and recommends the use of less preparation of documentation, is appropriate, the guidance will be toxic solvents in the manufacture of provided by the International amended. The public will be notified of drug substances and dosage forms. Federation of Pharmaceutical any such amendments through a notice DATES: Effective December 24, 1997. Manufacturers Associations (IFPMA). in the Federal Register. Submit written comments at any time. The ICH Steering Committee includes Interested persons may, at any time, representatives from each of the ICH ADDRESSES: Submit written comments submit written comments on the on the guidance to the Dockets sponsors and the IFPMA, as well as guidance to the Dockets Management Management Branch (HFA–305), Food observers from the World Health Branch (address above). Two copies of and Drug Administration, 12420 Organization, the Canadian Health any comments are to be submitted, Protection Branch, and the European Parklawn Dr., rm. 1–23, Rockville, MD except that individuals may submit one Free Trade Area. 20857. Copies of the guidance are copy. Comments are to be identified In the Federal Register of May 2, 1997 with the docket number found in available from the Drug Information (62 FR 24302), FDA published a draft Branch (HFD–210), Center for Drug brackets in the heading of this tripartite guideline entitled ‘‘Impurities: document. The guidance and received Evaluation and Research, Food and Residual Solvents’’ (Q3C). The notice Drug Administration, 5600 Fishers comments may be seen in the office gave interested persons an opportunity above between 9 a.m. and 4 p.m., Lane, Rockville, MD 20857, 301–827– to submit comments by June 16, 1997. 4573. Monday through Friday. An electronic After consideration of the comments version of this guidance is available on FOR FURTHER INFORMATION CONTACT: received and revisions to the guidance, the Internet (http://www.fda.gov/cder/ Regarding the guidance: John J. Gibbs, a final draft of the guidance was Center for Drug Evaluation and guidance.htm). submitted to the ICH Steering The text of the guidance follows: Research (HFD–820), Food and Committee and endorsed by the three Drug Administration, 5600 Fishers participating regulatory agencies on July Q3C Impurities: Residual Solvents 1 Lane, Rockville, MD 20857, 301– 17, 1997. 1. Introduction 827–6430. In accordance with FDA’s Good Regarding ICH: Janet J. Showalter, The objective of this guidance is to Guidance Practices (62 FR 8961, recommend acceptable amounts for residual Office of Health Affairs (HFY–20), February 27, 1997), this document has solvents in pharmaceuticals for the safety of Food and Drug Administration, been designated a guidance, rather than the patient. The guidance recommends use of 5600 Fishers Lane, Rockville, MD a guideline. less toxic solvents and describes levels 20857, 301–827–0864. Residual solvents in pharmaceuticals considered to be toxicologically acceptable SUPPLEMENTARY INFORMATION: In recent are organic volatile chemicals that are for some residual solvents. years, many important initiatives have used or produced in the synthesis of Residual solvents in pharmaceuticals are been undertaken by regulatory drug substances or excipients, or in the defined here as organic volatile chemicals that are used or produced in the manufacture authorities and industry associations to preparation of drug products. They are of drug substances or excipients, or in the promote international harmonization of not completely removed by practical preparation of drug products. The solvents regulatory requirements. FDA has manufacturing techniques. The are not completely removed by practical participated in many meetings designed guidance recommends acceptable manufacturing techniques. Appropriate to enhance harmonization and is amounts of residual solvents in selection of the solvent for the synthesis of committed to seeking scientifically pharmaceuticals for the safety of the drug substance may enhance the yield, or based harmonized technical procedures patient. The guidance recommends the determine characteristics such as crystal for pharmaceutical development. One of use of less toxic solvents and describes form, purity, and solubility. Therefore, the the goals of harmonization is to identify levels considered to be toxicologically solvent may sometimes be a critical parameter in the synthetic process. This and then reduce differences in technical acceptable for some residual solvents. guidance does not address solvents requirements for drug development The guidance applies to residual deliberately used as excipients nor does it among regulatory agencies. solvents in drug substances, excipients, address solvates. However, the content of ICH was organized to provide an and drug products, and to all dosage solvents in such products should be opportunity for tripartite harmonization forms and routes of administration. The evaluated and justified. initiatives to be developed with input guidance does not apply to potential Since there is no therapeutic benefit from from both regulatory and industry new drug substances, excipients, or residual solvents, all residual solvents should representatives. FDA also seeks input drug products used during the clinical be removed to the extent possible to meet from consumer representatives and research stages of development, nor product specifications, good manufacturing others. ICH is concerned with practices, or other quality-based does it apply to existing marketed drug requirements. Drug products should contain harmonization of technical products. requirements for the registration of This guidance represents the agency’s 1 This guidance represents the agency’s current pharmaceutical products among three current thinking on acceptable amounts thinking on acceptable amounts of residual solvents regions: The European Union, Japan, of residual solvents in pharmaceuticals. in pharmaceuticals. It does not create or confer any and the United States. The six ICH It does not create or confer any rights for rights for or on any person and does not operate to bind FDA or the public. An alternative approach sponsors are the European Commission, or on any person and does not operate may be used if such approach satisfies the the European Federation of to bind FDA or the public. An requirements of the applicable statute, regulations, Pharmaceutical Industries Associations, alternative approach may be used if or both. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67379 no higher levels of residual solvents than can The guidance applies to all dosage forms Option 1: The concentration limits in be supported by safety data. Some solvents and routes of administration. Higher levels of parts per million (ppm) stated in Table that are known to cause unacceptable residual solvents may be acceptable in 2 can be used. They were calculated toxicities (Class 1, Table 1) should be certain cases such as short-term (30 days or less) or topical application. Justification for using equation (1) below by assuming a avoided in the production of drug product mass of 10 grams (g) substances, excipients, or drug products these levels should be made on a case-by- unless their use can be strongly justified in case basis. administered daily. See Appendix 2 of this document for a risk-benefit assessment. Some solvents 1000 × PDE associated with less severe toxicity (Class 2, additional background information related to ()()1 Concentration ppm = Table 2) should be limited in order to protect residual solvents. dose patients from potential adverse effects. 3. General Principles Here, PDE is given in terms of mg/day and Ideally, less toxic solvents (Class 3, Table 3) dose is given in g/day. should be used where practical. The 3.1 Classification of Residual Solvents by complete list of solvents included in this Risk Assessment These limits are considered acceptable for guidance is given in Appendix 1. The term ‘‘tolerable daily intake’’ (TDI) is all substances, excipients, or products. The lists are not exhaustive and other used by the International Program on Therefore, this option may be applied if the solvents can be used and later added to the Chemical Safety (IPCS) to describe exposure daily dose is not known or fixed. If all lists. Recommended limits of Class 1 and 2 limits of toxic chemicals and the term excipients and drug substances in a solvents or classification of solvents may ‘‘acceptable daily intake’’ (ADI) is used by formulation meet the limits given in Option change as new safety data becomes available. the World Health Organization (WHO) and 1, then these components may be used in any Supporting safety data in a marketing other national and international health proportion. No further calculation is application for a new drug product authorities and institutes. The new term necessary provided the daily dose does not containing a new solvent may be based on ‘‘permitted daily exposure’’ (PDE) is defined exceed 10 g. Products that are administered in the present guidance as a concepts in this guidance or the concept of in doses greater than 10 g per day should be pharmaceutically acceptable intake of qualification of impurities as expressed in considered under Option 2. the guidance for drug substance (Q3A, residual solvents to avoid confusion of Option 2: It is not considered necessary for Impurities in New Drug Substances) or drug differing values for ADI’s of the same product (Q3B, Impurities in New Drug substance. each component of the drug product to Products), or all three guidances. Residual solvents assessed in this guidance comply with the limits given in Option 1. are listed in Appendix 1 by common names The PDE in terms of mg/day as stated in 2. Scope of the Guidance and structures. They were evaluated for their Table 2 can be used with the known Residual solvents in drug substances, possible risk to human health and placed maximum daily dose and equation (1), as excipients, and drug products are within the into one of three classes as follows: shown in Option 1 in the previous paragraph, scope of this guidance. Therefore, testing Class 1 solvents: Solvents to be avoided— to determine the concentration of residual Known human carcinogens, strongly should be performed for residual solvents solvent allowed in drug product. Such limits when production or purification processes suspected human carcinogens, and environmental hazards. are considered acceptable provided that it are known to result in the presence of such has been demonstrated that the residual solvents. It is only considered necessary to Class 2 solvents: Solvents to be limited— solvent has been reduced to the practical test for solvents that are used or produced in Nongenotoxic animal carcinogens or minimum. The limits should be realistic in the manufacture or purification of drug possible causative agents of other irreversible substances, excipients, or drug products. toxicity such as neurotoxicity or relation to analytical precision, Although manufacturers may choose to test teratogenicity. manufacturing capability, and reasonable Solvents suspected of other significant but the drug product, a cumulative method may variation in the manufacturing process and reversible toxicities. be used to calculate the residual solvent the limits should reflect contemporary Class 3 solvents: Solvents with low toxic levels in the drug product from the levels in manufacturing standards. potential— the ingredients used to produce the drug Option 2 may be applied by adding the Solvents with low toxic potential to man; product. If the calculation results in a level no health-based exposure limit is needed. amounts of a residual solvent present in each equal to or below that recommended in this Class 3 solvents have PDE’s of 50 milligrams of the components of the drug product. The guidance, no testing of the drug product for (mg) or more per day. sum of the amounts of solvent per day should residual solvents need be considered. If, be less than that given by the PDE. however, the calculated level is above the 3.2 Methods for Establishing Exposure Limits Consider an example of the use of Option recommended level, the drug product should The method used to establish permitted 1 and Option 2 applied to acetonitrile in a be tested to ascertain whether the daily exposures for residual solvents is drug product. The permitted daily exposure formulation process has reduced the relevant presented in Appendix 3. Summaries of the to acetonitrile is 4.1 mg per day; thus, the solvent level to within the acceptable toxicity data that were used to establish Option 1 limit is 410 ppm. The maximum amount. Drug product should also be tested limits are published in Pharmeuropa, Vol. 9, administered daily mass of a drug product is if a solvent is used during its manufacture. No. 1, Supplement, April 1997. This guidance does not apply to potential 5.0 g, and the drug product contains two new drug substances, excipients, or drug 3.3 Options for Describing Limits of Class 2 excipients. The composition of the drug products used during the clinical research Solvents product and the calculated maximum content stages of development, nor does it apply to Two options are available when setting of residual acetonitrile are given in the existing marketed drug products. limits for Class 2 solvents. following table.

Component Amount in formulation Acetonitrile content Daily exposure

Drug substance 0.3 g 800 ppm 0.24 mg Excipient 1 0.9 g 400 ppm 0.36 mg Excipient 2 3.8 g 800 ppm 3.04 mg Drug product 5.0 g 728 ppm 3.64 mg

Excipient 1 meets the Option 1 limit, but product do not meet the Option 1 limit. 2 limit of 4.1 mg per day and thus conforms the drug substance, excipient 2, and drug Nevertheless, the product meets the Option to the recommendations in this guidance. 67380 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Consider another example using product is 5.0 g, and the drug product maximum content of residual acetonitrile are acetonitrile as residual solvent. The contains two excipients. The composition of given in the following table. maximum administered daily mass of a drug the drug product and the calculated

Component Amount in formulation Acetonitrile content Daily exposure

Drug substance 0.3 g 800 ppm 0.24 mg Excipient 1 0.9 g 2,000 ppm 1.80 mg Excipient 2 3.8 g 800 ppm 3.04 mg Drug product 5.0 g 1,016 ppm 5.08 mg

In this example, the product meets neither Validation of methods for residual solvents If Class 1 solvents are likely to be present, the Option 1 nor the Option 2 limit according should conform to ICH guidances ‘‘Q2A Text they should be identified and quantified. to this summation. The manufacturer could on Validation of Analytical Procedures’’ and ‘‘Likely to be present’’ refers to the solvent test the drug product to determine if the ‘‘Q2B Validation of Analytical Procedures: used in the final manufacturing step and to formulation process reduced the level of Methodology.’’ solvents that are used in earlier acetonitrile. If the level of acetonitrile was manufacturing steps and not removed not reduced during formulation to the 3.5 Reporting Levels of Residual Solvents allowed limit, then the manufacturer of the Manufacturers of pharmaceutical products consistently by a validated process. drug product should take other steps to need certain information about the content of If solvents of Class 2 or Class 3 are present reduce the amount of acetonitrile in the drug residual solvents in excipients or drug at greater than their Option 1 limits or 0.5 product. If all of these steps fail to reduce the substances in order to meet the criteria of this percent, respectively, they should be level of residual solvent, in exceptional cases guidance. The following statements are given identified and quantified. the manufacturer could provide a summary as acceptable examples of the information of efforts made to reduce the solvent level to that could be provided from a supplier of 4. Limits of Residual Solvents excipients or drug substances to a meet the guidance value, and provide a risk- 4.1 Solvents to Be Avoided benefit analysis to support allowing the pharmaceutical manufacturer. The supplier product to be utilized with residual solvent might choose one of the following as Solvents in Class 1 should not be at a higher level. appropriate: employed in the manufacture of drug • Only Class 3 solvents are likely to be substances, excipients, and drug products 3.4 Analytical Procedures present. Loss on drying is less than 0.5 because of their unacceptable toxicity or their Residual solvents are typically determined percent. deleterious environmental effect. However, if • using chromatographic techniques such as Only Class 2 solvents X, Y, * * * are their use is unavoidable in order to produce gas chromatography. Any harmonized likely to be present. All are below the Option a drug product with a significant therapeutic procedures for determining levels of residual 1 limit. (Here the supplier would name the advance, then their levels should be solvents as described in the pharmacopoeias Class 2 solvents represented by X, Y, * ** should be used, if feasible. Otherwise, .) restricted as shown in Table 1, unless manufacturers would be free to select the • Only Class 2 solvents X, Y, * * * and otherwise justified. The solvent 1,1,1- most appropriate validated analytical Class 3 solvents are likely to be present. Trichloroethane is included in Table 1 procedure for a particular application. If only Residual Class 2 solvents are below the because it is an environmental hazard. The Class 3 solvents are present, a nonspecific Option 1 limit and residual Class 3 solvents stated limit of 1,500 ppm is based on a method such as loss on drying may be used. are below 0.5 percent. review of the safety data.

TABLE 1.ÐCLASS 1 SOLVENTS IN PHARMACEUTICAL PRODUCTS (SOLVENTS THAT SHOULD BE AVOIDED)

Concentration limit Solvent (ppm) Concern

Benzene 2 Carcinogen Carbon tetrachloride 4 Toxic and environmental hazard 1,2-Dichloroethane 5 Toxic 1,1-Dichloroethene 8 Toxic 1,1,1-Trichloroethane 1,500 Environmental hazard

4.2 Solvents to Be Limited to the nearest 0.1 mg/day, and determination. Precision should be Solvents in Table 2 should be limited concentrations are given to the nearest determined as part of the validation of in pharmaceutical products because of 10 ppm. The stated values do not reflect the method. their inherent toxicity. PDE’s are given the necessary analytical precision of

TABLE 2.ÐCLASS 2 SOLVENTS IN PHARMACEUTICAL PRODUCTS

Concentration Solvent PDE (mg/day) limit (ppm)

Acetonitrile 4.1 410 Chlorobenzene 3.6 360 Chloroform 0.6 60 Cyclohexane 38.8 3,880 1,2-Dichloroethene 18.7 1,870 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67381

TABLE 2.ÐCLASS 2 SOLVENTS IN PHARMACEUTICAL PRODUCTSÐContinued

Concentration Solvent PDE (mg/day) limit (ppm)

Dichloromethane 6.0 600 1,2-Dimethoxyethane 1.0 100 N,N-Dimethylacetamide 10.9 1,090 N,N-Dimethylformamide 8.8 880 1,4-Dioxane 3.8 380 2-Ethoxyethanol 1.6 160 Ethyleneglycol 6.2 620 Formamide 2.2 220 Hexane 2.9 290 Methanol 30.0 3,000 2-Methoxyethanol 0.5 50 Methylbutyl ketone 0.5 50 Methylcyclohexane 11.8 1,180 N-Methylpyrrolidone 48.4 4,840 Nitromethane 0.5 50 Pyridine 2.0 200 Sulfolane 1.6 160 Tetralin 1.0 100 Toluene 8.9 890 1,1,2-Trichloroethene 0.8 80 Xylene1 21.7 2,170 1 Usually 60% m-xylene, 14% p-xylene, 9% o-xylene with 17% ethyl benzene.

4.3 Solvents with Low Toxic Potential there are no long-term toxicity or of 50 mg per day or less (corresponding Solvents in Class 3 (shown in Table carcinogenicity studies for many of the to 5,000 ppm or 0.5 percent under 3) may be regarded as less toxic and of solvents in Class 3. Available data Option 1) would be acceptable without lower risk to human health. Class 3 indicate that they are less toxic in acute justification. Higher amounts may also includes no solvent known as a human or short-term studies and negative in be acceptable provided they are realistic health hazard at levels normally genotoxicity studies. It is considered in relation to manufacturing capability accepted in pharmaceuticals. However, that amounts of these residual solvents and good manufacturing practice (GMP).

TABLE 3.ÐCLASS 3 SOLVENTS WHICH SHOULD BE LIMITED BY GMP OR OTHER QUALITY-BASED REQUIREMENTS

Acetic acid Heptane Acetone Isobutyl acetate Anisole Isopropyl acetate 1-Butanol Methyl acetate 2-Butanol 3-Methyl-1-butanol Butyl acetate Methylethyl ketone tert-Butylmethyl ether Methylisobutyl ketone Cumene 2-Methyl±1-propanol Dimethyl sulfoxide Pentane Ethanol 1-Pentanol Ethyl acetate 1-Propanol Ethyl ether 2-Propanol Ethyl formate Propyl acetate Formic acid Tetrahydrofuran

4.4 Solvents for Which No Adequate drug substances, or drug products. However, should supply justification for residual levels Toxicological Data Were Found no adequate toxicological data on which to of these solvents in pharmaceutical products. The following solvents (Table 4) may also base a PDE were found. Manufacturers be of interest to manufacturers of excipients,

TABLE 4.ÐSOLVENTS FOR WHICH NO ADEQUATE TOXICOLOGICAL DATA WERE FOUND

1,1-Diethoxypropane Methylisopropyl ketone 1,1-Dimethoxymethane Methyltetrahydrofuran 2,2-Dimethoxypropane Petroleum ether Isooctane Trichloroacetic acid Isopropyl ether Trifluoroacetic acid 67382 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Glossary Neurotoxicity: The ability of a substance to Reversible toxicity: The occurrence of Genotoxic carcinogens: Carcinogens that cause adverse effects on the nervous system. harmful effects that are caused by a substance produce cancer by affecting genes or NOEL: Abbreviation for no-observed-effect and which disappear after exposure to the chromosomes. level. substance ends. LOEL: Abbreviation for lowest-observed No-observed-effect level: The highest dose Strongly suspected human carcinogen: A effect level. of substance at which there are no substance for which there is no Lowest-observed effect level: The lowest biologically significant increases in epidemiological evidence of carcinogenesis dose of substance in a study or group of frequency or severity of any effects in the but there are positive genotoxicity data and studies that produces biologically significant exposed humans or animals. clear evidence of carcinogenesis in rodents. increases in frequency or severity of any PDE: Abbreviation for permitted daily Teratogenicity: The occurrence of effects in the exposed humans or animals. structural malformations in a developing Modifying factor: A factor determined by exposure. fetus when a substance is administered professional judgment of a toxicologist and Permitted daily exposure: The maximum during pregnancy. applied to bioassay data to relate that data acceptable intake per day of residual solvent safely to humans. in pharmaceutical products. BILLING CODE 4160±01±F Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67383

Appendix 1. List of Solvents Included in the Guidance 67384 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67385 67386 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

BILLING CODE 4160±01±F Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67387

Appendix 2. Additional Background ‘‘Linear Interpolation Algorithm for Low S= kM0. 67 ()2 Dose Assessment of Toxic Substance,’’ A2.1 Environmental Regulation of Organic Journal of Environmental Pathology and in which M = body mass, and the constant Volatile Solvents Toxicology, 4:305, 1980) is appropriate for k has been taken to be 10. The body weights Several of the residual solvents frequently Class 1 carcinogenic solvents. Only in cases used in the equation are those shown below used in the production of pharmaceuticals where reliable carcinogenicity data are in Table A3.1. are listed as toxic chemicals in available should extrapolation by the use of F2 = A factor of 10 to account for variability Environmental Health Criteria (EHC) mathematical models be applied to setting between individuals. monographs and the Integrated Risk exposure limits. Exposure limits for Class 1 A factor of 10 is generally given for all Information System (IRIS). The objectives of solvents could be determined with the use of organic solvents, and 10 is used consistently such groups as the IPCS, the U.S. a large safety factor (i.e., 10,000 to 100,000) in this guidance. Environmental Protection Agency (EPA), and with respect to the NOEL. Detection and F3 = A variable factor to account for toxicity FDA include the determination of acceptable quantitation of these solvents should be by studies of short-term exposure. exposure levels. The goal is protection of state-of-the-art analytical techniques. F3 = 1 for studies that last at least one half- human health and maintenance of Acceptable exposure levels in this lifetime (1 year for rodents or rabbits; 7 years environmental integrity against the possible guidance for Class 2 solvents were for cats, dogs and monkeys). deleterious effects of chemicals resulting established by calculation of PDE values F3 = 1 for reproductive studies in which from long-term environmental exposure. The according to the procedures for setting the whole period of organogenesis is covered. methods involved in the estimation of exposure limits in pharmaceuticals F3 = 2 for a 6-month study in rodents, or maximum safe exposure limits are usually (Pharmacopeial Forum, Nov-Dec 1989), and a 3.5-year study in nonrodents. based on long-term studies. When long-term the method adopted by IPCS for Assessing F3 = 5 for a 3-month study in rodents, or study data are unavailable, shorter term a 2-year study in nonrodents. study data can be used with modification of Human Health Risk of Chemicals (EHC 170, F3 = 10 for studies of a shorter duration. the approach such as use of larger safety WHO, 1994). These methods are similar to In all cases, the higher factor has been used factors. The approach described therein those used by the U.S. EPA (IRIS) and the for study durations between the time points, relates primarily to long-term or lifetime U.S. FDA (Red Book) and others. The method e.g., a factor of 2 for a 9-month rodent study. exposure of the general population in the is outlined here to give a better F4 = A factor that may be applied in cases ambient environment, i.e., ambient air, food, understanding of the origin of the PDE drinking water, and other media. values. It is not necessary to perform these of severe toxicity, e.g., nongenotoxic calculations in order to use the PDE values carcinogenicity, neurotoxicity or A2.2 Residual Solvents in Pharmaceuticals tabulated in Section 4 of this document. teratogenicity. In studies of reproductive Exposure limits in this guidance are PDE is derived from the NOEL or the LOEL toxicity, the following factors are used: established by referring to methodologies and in the most relevant animal study as follows: F4 = 1 for fetal toxicity associated with maternal toxicity. toxicity data described in EHC and IRIS × monographs. However, some specific = NOEL Weight Adjustment F4 = 5 for fetal toxicity without maternal PDE ()1 toxicity. assumptions about residual solvents to be F1× F2 × F3 × F4 × F5 used in the synthesis and formulation of F4 = 5 for a teratogenic effect with pharmaceutical products should be taken The PDE is derived preferably from a NOEL. maternal toxicity. into account in establishing exposure limits. If no NOEL is obtained, the LOEL may be F4 = 10 for a teratogenic effect without They are as follows: used. Modifying factors proposed here, for maternal toxicity. (1) Patients (not the general population) relating the data to humans, are the same F5 = A variable factor that may be applied use pharmaceuticals to treat their diseases or kind of ‘‘uncertainty factors’’ used in EHC if the no effect level was not established. for prophylaxis to prevent infection or (EHC 170, WHO, Geneva, 1994), and When only an LOEL is available, a factor disease. ‘‘modifying factors’’ or ‘‘safety factors’’ in of up to 10 could be used depending on the (2) The assumption of lifetime patient Pharmacopeial Forum. The assumption of severity of the toxicity. exposure is not necessary for most 100 percent systemic exposure is used in all The weight adjustment assumes an pharmaceutical products but may be calculations regardless of route of arbitrary adult human body weight for either appropriate as a working hypothesis to administration. sex of 50 kilograms (kg). This relatively low reduce risk to human health. The modifying factors are as follows: weight provides an additional safety factor (3) Residual solvents are unavoidable F1 = A factor to account for extrapolation against the standard weights of 60 kg or 70 components in pharmaceutical production between species. kg that are often used in this type of and will often be a part of drug products. F1 = 5 for extrapolation from rats to calculation. It is recognized that some adult (4) Residual solvents should not exceed humans. patients weigh less than 50 kg; these patients recommended levels except in exceptional F1 = 12 for extrapolation from mice to are considered to be accommodated by the circumstances. humans. built-in safety factors used to determine a (5) Data from toxicological studies that are F1 = 2 for extrapolation from dogs to PDE. If the solvent was present in a used to determine acceptable levels for humans. formulation specifically intended for residual solvents should have been generated F1 = 2.5 for extrapolation from rabbits to pediatric use, an adjustment for a lower body using appropriate protocols such as those humans. weight would be appropriate. described, for example, by the Organization F1 = 3 for extrapolation from monkeys to As an example of the application of this for Cooperation and Development, EPA, and humans. equation, consider a toxicity study of the FDA Red Book. F1 = 10 for extrapolation from other acetonitrile in mice that is summarized in animals to humans. Pharmeuropa, Vol. 9, No. 1, Supplement, Appendix 3. Methods for Establishing F1 takes into account the comparative surface April 1997, page S24. The NOEL is Exposure Limits area:body weight ratios for the species calculated to be 50.7 mg kg-1 day-1. The PDE The Gaylor-Kodell method of risk concerned and for man. Surface area (S) is for acetonitrile in this study is calculated as assessment (Gaylor, D. W., and R. L. Kodell, calculated as: follows:

−1 − 1 50. 7mg kg day× 50 kg − PDE = = 4. 22 mg day 1 12× 10 × 5 × 1 × 1

In this example, F1 = 12 to account for the extrapolation from F2 = 10 to account for differences between mice to humans. individual humans. 67388 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

F3 = 5 because the duration of the study was F4 = 1 because no severe toxicity was F5 = 1 because the no effect level was only 13 weeks. encountered. determined.

TABLE A3.1ÐVALUES USED IN THE CALCULATIONS IN THIS DOCUMENT

Rat body weight 425 g Mouse respiratory volume 43 liter (L)/day

Pregnant rat body weight 330 g Rabbit respiratory volume 1,440 L/day

Mouse body weight 28 g Guinea pig respiratory volume 430 L/day

Pregnant mouse body weight 30 g Human respiratory volume 28,800 L/day

Guinea pig body weight 500 g Dog respiratory volume 9,000 L/day

Rhesus monkey body weight 2.5 kg Monkey respiratory volume 1,150 L/day

Rabbit body weight (pregnant or not) 4 kg Mouse water consumption 5 milliliter (mL)/day

Beagle dog body weight 11.5 kg Rat water consumption 30 mL/day

Rat respiratory volume 290 L/day Rat food consumption 30 g/day

The equation for an ideal gas, PV = nRT, is units of mg/L or mg/cubic meter (m3). tetrachloride (molecular weight 153.84) used to convert concentrations of gases used Consider as an example the rat reproductive summarized in Pharmeuropa, Vol. 9, No. 1, in inhalation studies from units of ppm to toxicity study by inhalation of carbon Supplement, April 1997, page S9.

×−6 × − 1 n =P = 300 10atm 153840 mg mol =46. 15 mg = − − 1./ 89 mg L V RT 0. 082L atm K1 mol 1 × 298 K 24.45 L

The relationship 1000 L = 1 m3 is used to reasonably comply with the normal 1997. These data may be collected convert to mg/m3. clearance procedures because of a starting January 1, 1998. Other data (as Dated: December 16, 1997. statutory deadline imposed by section the Secretary deems necessary) may be William K. Hubbard, 1853(a)(3) of the Balanced Budget Act of required beginning July 1, 1998. Associate Commissioner for Policy 1997. Without this information, HCFA The BBA also requires the Secretary Coordination. would not be able to properly to implement a risk adjustment [FR Doc. 97–33639 Filed 12–23–97; 8:45 am] implement the requirements set forth in methodology that accounts for variation in per capita costs based on health BILLING CODE 4160±01±F the statute. HCFA is requesting OMB review and status. This payment method must be approval of this collection by 12/31/97, implemented no later than January 1, DEPARTMENT OF HEALTH AND with a 180-day approval period. Written 2000. The encounter data are necessary HUMAN SERVICES comments and recommendations will be to implement a risk adjustment accepted from the public if received by methodology. Health Care Financing Administration the individual designated below, by 12/ Hospital data from the period, July 1, 29/97. 1997—June 30, 1998, will serve as the [Form #HCFA±R±224] During this 180-day period HCFA will basis for plan-level estimates of risk Emergency Clearance: Public pursue OMB clearance of this collection adjusted payments. These estimates will Information Collection Requirements as stipulated by 5 CFR 1320.5. be provided to plans by March, 1999. Submitted to the Office of Management Type of Information Collection Encounter data collected from and Budget (OMB) Request: New collection; subsequent time periods will serve as Title of Information Collection: the basis for actual payments to plans In compliance with the requirement Collection of Managed Care Data Using for CY 2000 and beyond. of section 3506(c)(2)(A) of the the Uniform Institutional Providers In implementing the requirements of Paperwork Reduction Act of 1995, the Form (HCFA–1450/UB–92) and the BBA, hospitals will submit data to Health Care Financing Administration Supporting Statute Section 1853(a)(3) of the managed care plan for enrollees who (HCFA), Department of Health and the Balanced budget Act of 1997; have a hospital discharge using the Human Services (DHSS), has submitted Form No.: HCFA–R–224; HCFA–1450 (UB–92), Uniform to the Office of Management and Budget Use: Section 1853(a)(3) of the Institutional Provider Claim Form. (OMB) the following request for Balanced Budget Act (BBA) requires Encounter data for hospital discharges Emergency review. We are requesting an Medicare+Choice organizations, as well occurring on or after July 1, 1997 are emergency review because the as eligible organizations with risk- required. While submission from the collection of this information is needed sharing contracts under section 1876, to hospital to the plan is required, plans prior to the expiration of the normal submit encounter data. Data regarding are provided with a start-up period time limits under OMB’s regulations at inpatient hospital services are required during which time an alternate 5 CFR, Part 1320. The Agency cannot for periods beginning on or after July 1, submission route is permitted. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67389

The six month start up period, hospital encounter data to a FI. All data Dated: December 16, 1997. beginning January 1, 1998 will enable submitted after July 1, 1998 will be John P. Burke III, plans to accomplish the requirements of transmitted using this linkage. (See HCFA Reports Clearance Officer, HCFA, the BBA by the end of the start-up Attachment 1 for additional information Office of Information Services, Information period, or June 30, 1998. Special on the transmission of data to HCFA.) Technology Investment Management Group, procedures have been identified to Each plan and/or contract will use a Division of HCFA Enterprise Standards. ensure that hospital encounter data are single FI. [FR Doc. 97–33556 Filed 12–23–97; 8:45 am] submitted for discharges occurring on or HCFA will establish a series of BILLING CODE 4120±03±P after July 1, 1997 and before June 30, interim deadlines to ensure that plans 1998. The special procedures for the are making sufficient progress toward start up period include the following: accomplishing this linkage no later than DEPARTMENT OF HEALTH AND 1. In order to provide plans with an June 30, 1998. HCFA will assist plans in HUMAN SERVICES estimate of their Average Payment Rate initiating discussions with their FI. (APR) by March, 1999, HCFA must After plans have established linkages Health Care Financing Administration receive data on hospital discharges that to a FI, hospitals will submit HCFA– 1450 (UB–92) forms to the managed care Announcement of Office of occurred on or after July 1, 1997 and Management and Budget (OMB) before December 31, 1997, as well as plan. The HCFA–1450 (UB92) form is identical to the one used by hospitals in Control Numbers for Agency encounter data on discharges that occur Information Collections Approved during the start up period, or January 1, billing for Medicare fee-for-service claims. After receiving the pseudo claim Under the Paperwork Reduction Act of 1998 through June 30, 1998. Currently, 1995 most plans do not have the capacity to from the hospital, the plan attaches the plan identifier, which is the HCFA submit data electronically to a fiscal AGENCY: Health Care Financing intermediary (FI), and the FIs are not assigned managed care organization (MCO) Contract Number, and submits Administration. capable of receiving these data. This notice announces and displays Therefore, during this period only, the pseudo-claim electronically to the fiscal intermediary (FI). The data OMB control numbers for Health Care unless an alternative approach is Financing Administration (HCFA) approved by HCFA, hospitals must processing flow by the FI is very similar to current claims processing for the fee- information collections that have been submit completed UB–92s for the Plan’s approved by OMB. enrollees. These pseudo-claims must be for-service system, except that no submitted to the hospital’s regular fiscal payment is authorized to the plan. Under OMB’s regulations intermediary. This is a current Pseudo claims will flow though the FI implementing the Paperwork Reduction requirement for hospitals, and they are to our Common Working File (CWF) and Act (PRA), 44 U.S.C. 3501, each agency expected to comply with this will be retained by HCFA; that proposes to collect information Frequency: On occasion; requirement throughout this period. must submit its proposal for OMB Affected Public: Business or other for- review and approval in accordance with Plans must provide hospitals with the profit, not-for-profit institutions, and Medicare identification number of all 5 C.F.R. Part 1320. Once OMB has Federal government; approved an agency’s proposed enrollees admitted who have Medicare Number of Respondents: 6,700; coverage. collection of information and issues a Total Annual Responses: 1.9 million; control number, the agency must If hospitals are unable to submit these Total Annual Hours: 32,833. display the control number. data on behalf of the plan during the To obtain copies of the supporting start-up period, an alternate method of statement and any related forms for the OMB regulations provide for submitting the data may be developed proposed paperwork collections alternative methods of displaying OMB by HCFA. If such a method is referenced above, E-mail your request, control numbers. In the case of developed, it would require the plans to including your address, phone number, collections of information published in submit a subset of data elements that are and HCFA form number(s) referenced regulations, display is to be ‘‘provided found on the UB–92. Possible data above, to [email protected], or call in a manner that is reasonably elements include the following: Plan the Reports Clearance Office on (410) calculated to inform the public.’’ To Contract Number; HIC (or Medicare 786–1326. meet this requirement an agency may Identification Number); enrollee’s name; Interested persons are invited to send display such information in the Federal enrollee’s state and county of residence; comments regarding the burden or any Register by publishing such information enrollee’s birthdate and gender; other aspect of these collections of in the preamble or the regulatory text, Medicare Provider Number for the information requirements. However, as or in a technical amendment to the Hospital; claim from and thru date; noted above, comments on these regulation, or in a separate notice admission date; and principal and information collection and announcing OMB approval of the secondary diagnoses codes. HCFA will recordkeeping requirements must be collection of information. specify the data elements, submission mailed and/or faxed to the designee To comply with this requirement route, and format for these data. referenced below, by 12/29/97: HCFA has chosen to publish this notice 2. During the start up period, the plan Office of Information and Regulatory announcing OMB approval of the is expected to establish an electronic Affairs, Office of Management and collections of information published in data linkage to a FI to be determined by Budget, Room 10235, New Executive regulations. As stated above, this notice HCFA. By June 30, 1998, the Plan is Office Building, Washington, DC announces and displays the assigned expected to have completed this 20503, Fax Number: (202) 395–6974 OMB control numbers for HCFA’s linkage, including testing of the linkage, or (202) 395–5167, Attn: Allison information collections that have been and to be capable of transmitting Herron Eydt, HCFA Desk Officer. approved by OMB.

42 CFR OMB control Nos.

403.210 ...... 0938±0640 67390 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

42 CFR OMB control Nos.

405.262 ...... 0938±0267 405.374 ...... 0938±0270 405.427 ...... 0938±0155 405.711 ...... 0938±0045 405.807 ...... 0938±0033 405.821 ...... 0938±0034 405.1632 ...... 0938±0454 405.1701±.1726 ...... 0938±0273 405.2100±.2171 ...... 0938±0386 405.2110, 405.2112 ...... 0938±00657 & 0658 405.2133 ...... 0938±0046 & 0447 & 0448 405.2135±.2171 ...... 0938±0360 405.2401 ...... 0938±0685 406.13 ...... 0938±0080 406.15 ...... 0938±0501 406.28, 407.27 ...... 0938±0025 407.10, .11 ...... 0938±0245 407.18 ...... 0938±0679 407.40 ...... 0938±0035 408.6 ...... 0938±0041 409.40±.50, 410.36 ...... 0938±0357 410.1 ...... 0938±0679 410.38 ...... 0938±0534 410.40 ...... 0938±0042 & 0685 410.69 ...... 0938±0685 410.170 ...... 0938±0357 411.4±.15 ...... 0938±0357 411.15 ...... 0938±0224 & 0357 411.20±411.206 ...... 0938±0565 411.404, 411.406 ...... 0938±0465 411.408 ...... 0938±0566 412.20±.32 ...... 0938±0358 412.40±.62 ...... 0938±0359 412.44, 412.46 ...... 0938±0445 412.92 ...... 0938±0477 412.105 ...... 0938±0456 412.106 ...... 0938±0691 412.116 ...... 0938±0269 412.256 ...... 0938±0573 413.13 ...... 0938±0463 413.16 ...... 0938±0583 413.17, 413.20 ...... 0938±0202 413.20, 413.24 ...... 0938±0022 & 0037 & 0050 & 0102 & 0107 & 0301 & 0463 & 0511 413.56 ...... 0938±0463 413.64 ...... 0938±0269 413.157 ...... 0938±0463 413.170 ...... 0938±0296 414.40 ...... 0938±0008 414.330 ...... 0938±0372 414.451, 414.452, 414.456, 414.460 ...... 0938±0685 416.43 ...... 0938±0506 416.47 ...... 0938±0266 & 0506 417.1±.106 ...... 0938±0469 417.124 ...... 0938±0472 417.126 ...... 0938±0701 417.143, 417.408 ...... 0938±0470 417.436 ...... 0938±0610 417.470 ...... 0938±0701 417.479, 417.500 ...... 0938±0700 417.801 ...... 0938±0610 418.22, 418.24, 418.28, 418.30, 418.56, 418.58, 418.70, 418.74, 418.80, 418.83, 418.96, 418.100 ...... 0938±0302 420.200±.206 ...... 0938±0086 421.100 ...... 0938±0357 422.430 ...... 0938±0390 424.5 ...... 0938±0534 424.20 ...... 0938±0454 424.22 ...... 0938±0357 & 0589 424.32 ...... 0938±0008 424.57 ...... 0938±0685 424.73 ...... 0938±0685 424.123 ...... 0938±0484 424.124 ...... 0938±0042 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67391

42 CFR OMB control Nos.

430.10±.20 ...... 0938±0193 430.12 ...... 0938±0610 & 0673 431.20 ...... 0938±0610 431.1±431.865 ...... 0938±0062 431.8 ...... 0938±0300 431.17 ...... 0938±0467 431.110 ...... 0938±0390 431.107 ...... 0938±0610 431.306 ...... 0938±0502 431.630 ...... 0938±0445 431.800 ...... 0938±0094 431.802±.822 ...... 0938±0246 431.814 ...... 0938±0146 & 0147 431.820 ...... 0938±0144 431.865 ...... 0938±0094 & 0246 431.940±431.965 ...... 0938±0467 433.68, 433.74 ...... 0938±0618 433.110±.131 ...... 0938±0487 433.110, 433.112±433.114, 433.116, 433.117, 433.119, 433.121, 433.122, 433.127, 433.130, 433.131 ...... 0938±0247 433.138 ...... 0938±0502 433.139 ...... 0938±0502 434.27 ...... 0938±0572 434.28 ...... 0938±0610 434.44, 434.67, 434.70 ...... 0938±0700 435.1±435.1011 ...... 0938±0062 435.217, 435.726, 435.735 ...... 0938±0449 435.940±.965 ...... 0938±0467 440.1±.270 ...... 0938±0062 440.10 ...... 0938±0449 440.30 ...... 0938±0685 441.250±.300 ...... 0938±0481 441.302 ...... 0938±0449 441.303 ...... 0938±0272 442.1±.119 ...... 0938±0062 & 0379 442.10±.119 ...... 0938±0355 442.30 ...... 0938±0678 447.31 ...... 0938±0287 447.53 ...... 0938±0429 447.253 ...... 0938±0523 447.255 ...... 0938±0193 447.272 ...... 0938±0618 447.280 ...... 0938±0624 447.299 ...... 0938±0618 455.100±.106 ...... 0938±0086 456.650±.657 ...... 0938±0061 456.654 ...... 0938±0445 456.700, 456.705, 456.709, 456.711, 456.712 ...... 0938±0659 466.71, 466.73, 466.74, 466.78, 466.80, 466.94 ...... 0938±0445 473.18, 473.34, 473.36, 473.42 ...... 0938±0443 476.104, 476.105, 476.116, 476.134 ...... 0938±0426 482.1±.66 ...... 0938±0380 482.2±.57 ...... 0938±0382 482.12, 482.22 ...... 0938±0328 482.27 ...... 0938±0328 & 0698 482.41 ...... 0938±0242 482.30, 482.41, 482.43, 482.53, 482.56, 482.57, 482.60±.62 ...... 0938±0328 & 0378 482.66 ...... 0938±0328 & 0624 483.10 ...... 0938±0610 483.70 ...... 0938±0242 483.400±.480 ...... 0938±0062 & 0678 483.440, 483.450, 483.460 ...... 0938±0366 483.470 ...... 0938±0242 484.1±.52 ...... 0938±0365 484.10 ...... 0938±0610 484.18 ...... 0938±0357 484.48 ...... 0938±0519 484.52 ...... 0938±0687 485.56, 485.58, 485.60, 485.64, 485.66 ...... 0938±0267 485.701±.729 ...... 0938±0273 & 0065 485.709, 485.711, 485.717, 485.719, 485.721, 485.723, 485.725, 485.727, 485.729 ...... 0938±0336 486.100±.110 ...... 0938±0338 486.150±.163 ...... 0938±0258 & 0071 486.155, 486.161, 486.163 ...... 0938±0336 486.301±.325 ...... 0938±0391, 0512 & 0688 67392 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

42 CFR OMB control Nos.

488.1±.28 ...... 0938±0355 488.4 ...... 0938±0690 488.18 ...... 0938±0667 488.26 ...... 0938±0379 488.60 ...... 0938±0360 489.20 ...... 0938±0667 489.21 ...... 0938±0357 489.24 ...... 0938±0667 489.27 ...... 0938±0692 489.40±.41 ...... 0938±0383 489.102 ...... 0938±0610 491.1±.11 ...... 0938±0074 491.2 ...... 0938±0685 491.9 ...... 0938±0334 493.1±.2001 ...... 0938±0151, 0170, 0544, 0581, 0612 & 0653 493.501, 493.506, 493.513, 493.515 ...... 0938±0686 493.1840 ...... 0938±0655 498.40±.95 ...... 0938±0486 & 0567 1003.100, 1003.101, 1003.103 ...... 0938±0700 1004.40, 1004.50, 1004.60, 1004.70 ...... 0938±0444

45 CFR OMB control Nos.

146.111, .115, .117, .150, .152, .160, .180 ...... 0938±0702 148.120, .122, .124, .128 ...... 0938±0703

Dated: December 17, 1997. SUPPLEMENTARY INFORMATION: impose a permissive exclusion in John P. Burke III, I. Background accordance with section 1128(b)(7) of HCFA Reports Clearance Officer, HCFA Office the Act. We indicated that these draft of Information Services, Information Purpose and Rationale criteria were designed to allow for the Technology Investment Management Group; Section 1128(b)(7) of the Social more effective development of OIG Division of HCFA Enterprise Standards. Security Act (the Act) authorizes the investigations and investigative plans; [FR Doc. 97–33555 Filed 12–23–97; 8:45 am] Secretary, and by delegation the establish an objective basis for the OIG’s BILLING CODE 4120±03±P Inspector General, to exclude a provider permissive exclusion decisions; from Medicare, Medicaid and the other evaluate a provider’s trustworthiness to Federal health care programs for continue to conduct business with the DEPARTMENT OF HEALTH AND engaging in conduct described in Medicare, Medicaid and other Federal HUMAN SERVICES sections 1128A and 1128B of the Act. health care programs; and positively These latter provisions establish influence providers’ future behavior Office of Inspector General administrative and criminal sanctions, through the development of corporate Criteria for Implementing Permissive respectively, against individuals and integrity programs and other conduct Exclusion Authority Under Section entities that (1) submit, or cause to be contemplated by the exclusion criteria. 1128(b)(7) of the Social Security Act submitted, false or fraudulent claims to The factors listed in these proposed Medicare and the Federal and State guidelines were derived from two AGENCY: Office of Inspector General health care programs; or (2) offer, pay, principal sources—the regulations (OIG), HHS. solicit or receive remuneration in return governing exclusions under sections ACTION: Notice. for the referral of business reimbursed 1128(b)(7) and 1128A of the Act (42 CFR by Medicare or Medicaid, a violation of parts 1001 and 1003), and the decisions SUMMARY: This notice sets forth the non- the Medicare and Medicaid anti- of the Departmental Appeals Board binding guidelines, to be used by the kickback statute. Exclusions in (DAB) in exclusion matters. The factors OIG in assessing whether to impose a accordance with section 1128(b)(7) of derived from DAB decisions reflected permissive exclusion in accordance the Act, based on such conduct, are the analysis of the remedial purpose of with section 1128(b)(7) of the Social permissive in nature, that is, the program exclusion that is, to protect Security Act. These guidelines identify Secretary has the discretion whether to Federal health care programs by specific factors with regard to whether exclude or not to exclude. Respondents determining whether the respondent is an individual’s or entity’s continued in these administrative exclusion sufficiently trustworthy to participate. participation in the Medicare, Medicaid proceedings have the right to a hearing Structure of Permissive Exclusion and other Federal health care programs before a Department of Health and Criteria will pose a risk to the programs or Human Services administrative law program beneficiaries, and explain how judge prior to the imposition of an The proposed exclusion criteria were these factors would be used by the OIG exclusion. organized into four general categories of to assess a permissive exclusion On October 24, 1997, the OIG factors bearing on the trustworthiness of decision. published a proposed policy statement a provider that has allegedly engaged in FOR FURTHER INFORMATION CONTACT: in the Federal Register (62 FR 55410) in health care fraud and abuse— Joel Schaer, Office of Counsel to the the form of non-binding guidelines to be • The first category addressed the Inspector General (202) 619–0089. used by the OIG in assessing whether to circumstances and seriousness of the Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67393 underlying misconduct. The factors to II. Criteria To Implement the OIG’s 2. Did the defendant cooperate with be considered are historical in nature Permissive Exclusion Authority Under investigators and prosecutors, and and rely on past misconduct as an Section 1128(b)(7) timely respond to lawful requests for indicator of the defendant’s propensity The following criteria may be used to documents and the provision of for future abuse of the programs. determine whether or not it is evidence regarding the involvement of • The second category considered the appropriate to impose a permissive other individuals in a particular defendant’s response to the allegations exclusion in accordance with section scheme, thereby demonstrating or determination of wrongdoing. These 1128(b)(7) of the Act (42 U.S.C. 1320a– trustworthiness? factors indicate whether the defendant 3. Has the defendant made or agreed is willing to affirmately modify his or 7(b)(7)). These criteria are informal and non-binding, and may be used as a to make full restitution to the Federal her conduct, make injured parties and/or state health care programs, whole, and otherwise acknowledge and guide to assist the OIG in determining in which cases an exclusion should be thereby demonstrating present remedy past wrongdoing. responsibility and willingness to • The third category identified imposed. The presence or absence of any or all of the factors that appear conform to applicable laws, regulations various other factors relevant to and program requirements? assessing the likelihood of a future below does not constitute the sole 4. Has the defendant paid or agreed to violation of the law. The grounds for determining whether pay all criminal, civil, and implementation of an adequate exclusion is appropriate. There is a corporate integrity program is a key presumption that some period of administrative fines, penalties, and consideration. exclusion should be imposed against an assessments resulting from the improper • The fourth category related to the individual or entity that has defrauded activity? defendant’s financial ability to provide Medicare or other Federal and State 5. Has the defendant taken steps to quality health care services. health care programs. undo the questionable conduct or mitigate the ill effects of the Interested parties were invited to A. The Circumstances of the Misconduct misconduct, e.g., appropriate comment on these draft criteria and and Seriousness of the Offense submit their written comments to the disciplinary action against the OIG for consideration. The OIG received 1. Was a criminal sanction imposed? individuals responsible for the activity two timely-filed public comments in The amount of any criminal fine or that constitutes cause for exclusion, or accordance with that solicitation penalty imposed, and the length of any other corrective action? request. As a result of those comments, period of incarceration that is ordered, 6. Has the defendant acknowledged we are making two technical revisions is evidence of the seriousness of the its wrongdoing and changed its to the final guidelines. The first change statutory misconduct, and may have an behavior, thereby demonstrating future relates to section D and the defendant’s impact on the exclusion determination. trustworthiness? financial ability to provide quality 2. Was there evidence of (i) physical health care services. We are clarifying or mental harm to patients or (ii) C. Likelihood that Offense or Some this section to indicate its application financial harm to the Medicare or any of Similar Abuse Will Occur Again only to entities and not individual the other Federal and State health care 1. Was the misconduct the result of a practitioners. Second, we are revising programs? If financial loss to the unique circumstance not likely to recur? the language in paragraph 3 of section programs occurred, what was the extent Is there minimal risk of repeat conduct? A to address the ‘‘knowledge standard.’’ of such loss? Exclusion may be 2. Have prior and subsequent conduct Specifically, we are now indicating that appropriate not only in cases where been exemplary or improper? a criterion would be whether there is actual harm is present, but potential 3. What prior measures had been evidence that the defendant knew, or harm as well. taken to ensure compliance with the should have known, that his or her 3. Is the misconduct an isolated law? Can the defendant demonstrate conduct was prohibited. incident or a continuous pattern of that it had an effective compliance plan We believe that the revised internal wrongdoing over a significant period of in place when the activities that guidelines set forth below should now time? Is there evidence that the constitute cause for exclusion occurred? establish specific criteria on which the defendant knew, or should have known, OIG may base its decision as to whether that his or her conduct was prohibited? A. Did the defendant make any efforts to seek the imposition of a permissive Has the defendant had the same or to contact the OIG, HCFA, or its exclusion against a health care provider previous problems with the OIG, the contractors to determine whether its in accordance with section 1128(b)(7) of Health Care Financing Administration conduct complied with the law and the Act. While these revised exclusion (HCFA), the carrier or intermediary, or applicable program requirements? Were criteria will now serve as internal the State? What was the nature of these any contacts documented? agency guidelines for the OIG, these problems? B. Did the defendant bring the activity criteria may be subject to further 4. Was the defendant’s involvement in in question to the attention of the modification at any time. They are not the misconduct active or passive? Was appropriate Government officials prior intended to limit or bind the OIG’s the defendant aware of the misconduct to any Government action, e.g., was discretionary authority to exclude when it was occurring? Did the there any voluntary disclosure regarding individuals or entities that pose a risk defendant play a role in the the alleged wrongful conduct? to Medicare, Medicaid and other misconduct? C. Did the defendant have effective Federal health care programs or program standards of conduct and internal beneficiaries. These criteria do not B. Defendant’s Response to Allegations/ control systems in place at the time of create any rights or privileges in favor Determination of Unlawful Conduct the wrongful activity, e.g., was there a of any party. In addition, these criteria 1. What was the defendant’s response corporate compliance program in place? do not supplant to modify in any way to any actual or potential legal If there was an existing corporate the OIG regulations, codified at 42 CFR violations or harm to the programs or compliance plan: part 1001, governing program their beneficiaries? Was the response (i) How long had the compliance plan exclusions. appropriate and credible? been in effect? 67394 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

(ii). What problems had been Attendance by the public will be limited Time: 2:30 p.m. identified as a result of the compliance to space available. Place: National Institute of Environmental plan? In accordance with the provisions set Health Sciences, North Campus, Building forth in secs. 552b(c)(4) and 552b(c)(6), 4401, Room 3446, Research Triangle Park, (iii). Were any overpayments or NC 27709. systemic changes made if problems Title 5, U.S.C. and sec. 10(d) of Pub. L. Contact Person: Dr. Carol Shreffler, were identified? 92–463, the meeting of the Council will National Institute of Environmental Health (iv) Were appropriate staff sufficiently be closed to the public on Thursday, Sciences, P.O. Box 12233, Research Triangle trained in applicable policies and February 5, from 4:30 p.m. to recess for Park, NC 27709, (919) 541–1445. procedures pertaining to Medicare and the review of the Intramural Research Purpose/Agenda: To review and evaluate other Federal and State health care Program. grant applications. The meeting will also be closed on This meeting will be closed in accordance programs? with the provisions set forth in secs. (v) Was there a corporate compliance Friday, February 6, from 10:00 a.m. to adjournment for the discussion and 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. officer and an effective corporate Grant applications and/or proposals and the compliance committee in place (if evaluation of grant applications. These discussions could reveal confidential trade appropriate to the size of the company)? applications and the discussions could secrets or commercial property such as (vi) Were regular audits undertaken at reveal confidential trade secrets or patentable material and personal information the time of the unlawful activity? commercial property such as a concerning individuals associated with the patentable material and personal applications and/or proposals, the disclosure 4. What measures have been taken, or information concerning individuals of which would constitute a clearly will be taken, to ensure compliance associated with the applications, the unwarranted invasion of personal privacy. with the law? Has the defendant agreed disclosure of which would constitute a (Catalog of Federal Domestic Assistance to implement adequate compliance clearly unwarranted invasion of Programs Nos. 93.113, Biological Response to measures, including institution of a personal privacy. Environmental Agents; 93.114, Applied corporate integrity plan? Toxicological Research and Testing; 93.115, Ms. June McCann, Committee Biometry and Risk Estimation; 93.894, D. Financial Responsibility Management Officer for the National Resource and Manpower Development, Institute on Aging, National Institutes of If the defendant is an entity and is National Institutes of Health) Health, Gateway Building, 7201 permitted to continue program Dated: December 17, 1997. Wisconsin Avenue, Suite 2C218, participation, is that defendant able to LaVerne Y. Stringfield, Bethesda, Maryland 20892 (301/496– operate without a real threat of Committee Management Officer, NIH. 9322), will provide a summary of the bankruptcy and without a real threat to [FR Doc. 97–33491 Filed 12–23–97; 8:45 am] meeting and a roster of committee its ability to provide quality health care members upon request. BILLING CODE 4140±01±M items or services? Individuals who plan to attend and Dated: December 16, 1997. need special assistance, such as sign DEPARTMENT OF HEALTH AND June Gibbs Brown, language interpretation or other HUMAN SERVICES Inspector General. reasonable accommodations, should [FR Doc. 97–33524 Filed 12–23–97; 8:45 am] contact Ms. McCann at (301) 496–9322, National Institutes of Health BILLING CODE 4150±04±M in advance of the meeting. (Catalog of Federal Domestic Assistance National Institute of Allergy and Program No. 93.866, Aging Research, Infectious Diseases; Notice of Meeting: DEPARTMENT OF HEALTH AND National Institutes of Health) Allergy, Immunology, and HUMAN SERVICES Dated: December 17, 1997. Transportation Research Committee LaVerne Y. Stringfield, National Institutes of Health (NIH) Pursuant to Pub. L. 92–463, notice is Committee Management Officer, NIH. hereby given of the meeting of the National Institute on Aging; Notice of [FR Doc. 97–33490 Filed 12–23–97; 8:45 am] Allergy, Immunology, and Meeting of the National Advisory BILLING CODE 4140±01±M Transplantation Research Committee on Council on Aging February 10–12, 1998, at the Belmont Manor House and Conference Center, Pursuant to Pub. L. 92–463, notice is DEPARTMENT OF HEALTH AND 6555 Belmont Woods Road, Elkridge, hereby given of the meeting of the HUMAN SERVICES Maryland. National Advisory Council on Aging, The meeting will be open to the National Institute on Aging, Thursday, National Institutes of Health public from 8:30 a.m. to 9:30 a.m. on February 5, and Friday, February 6, National Institute of Environmental February 10 to discuss administrative 1998, to be held at the National details relating to committee business Institutes of Health, Natcher Building, Health Sciences; Notice of Closed Meeting and program review, and for a report Conference Room F1 and 2, Bethesda, from the Acting Director, Division of Maryland. This meeting will be open to Pursuant to Section 10(d) of the Extramural Activities, which will the public on Thursday, February 5, Federal Advisory Committee Act, as include a discussion of budgetary from 1:00 to 4:30 p.m. for a status report amended (5 U.S.C. Appendix 2), notice matters. Attendance by the public will by the Director, NIA, and the Behavioral is hereby given of the following be limited to space available. and Social Research Program and National Institute of Environmental In accordance with the provisions set Intramural Research Program Reviews. Health Sciences Special Emphasis Panel forth in secs. 552b(c)(4) and 552b(c)(6), The meeting will be open again on (SEP) meeting: Title 5, U.S.C. and sec. 10(d) of Pub. L. Friday, February 6, from 8:00 to 10:00 Name of SEP: Review of Conference Grants 92–463, the meeting will be closed to a.m. for a report on the Working Group (R13s) and Conference Cooperative the public for the review, discussion, on Program, a report on the Council Agreements (U13s) Telephone Conference and evaluation of individual grant Task Force on Minority Aging and Call. applications and contract proposals Highlights of Recent Research Findings. Date: January 9, 1998. from 9:30 a.m. on February 10 until Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67395 adjournment on February 12. These Acquired Immunodeficiency Syndrome (Catalog of Federal Domestic Assistance applications, proposals, and the Subcommittee will be held at the Program Nos. 93.855 Immunology, Allergic discussions could reveal confidential National Institutes of Health, Bethesda, and Immunologic Diseases Research, 93.856, trade secrets or commercial property Maryland. Microbiology and Infectious Diseases Research, National Institutes of Health) such as patentable material and The meeting of the full Council will personal information concerning be open to the public on February 2 in Dated: December 16, 1997. individuals associated with the Building 31C, Conference Room 6, from LaVerne Y. Stringfield, applications and proposals, the 1 p.m. to approximately 3:30 p.m. for Committee Management Officer, NIH. disclosure of which would constitute a general discussion and program [FR Doc. 97–33495 Filed 12–23–97; 8:45 am] clearly unwarranted invasion of presentations. BILLING CODE 4140±01±M personal privacy. On February 3 the meetings of the Ms. Claudia Goad, Committee NAAIDC Allergy and Immunology Management Officer, National Institute Subcommittee, NAAIDC Microbiology DEPARTMENT OF HEALTH AND of Allergy and Infectious Diseases, Solar and Infectious Diseases Subcommittee HUMAN SERVICES Building, Room 3C2, National Institute will be open to the public from 8:30 National Institutes of Health of Health, Bethesda, Maryland 20892, a.m. until adjournment. The 301–496–7601, will provide a summary subcommittees will meet in Building National Institute on Deafness and of the meeting and a roster of committee 31C, conference rooms 8 and 6 Other Communication Disorders; members upon request. Individuals who respectively. Notice of Meeting of the National plan to attend and need special In accordance with the provisions set Deafness and Other Communication assistance, such as sign language forth in secs. 552b(c)(4) and 552b(c)(6), Disorders Advisory Council and Its interpretation or other reasonable Title 5, U.S.C. and sec. 10(d) of Pub. L. Planning Subcommittee accommodations, should contact Ms. 92–463, the meeting of the NAAIDC Goad in advance of the meeting. Acquired Immunodeficiency Syndrome Pursuant to Pub. L. 92–463, notice is Dr. Kevin M. Callahan, Scientific Subcommittee, NAAIDC Allergy and hereby given of the meeting of the Review Administrator, Allergy, Immunology Subcommittee and the National Deafness and Other Immunology and Transplantation NAAIDC Microbiology and Infectious Communication Disorders Advisory Research Committee, NIAID, NIH, Solar Diseases Subcommittee will be closed to Council and its Planning Subcommittee Building, Room 4C20, Bethesda, the public for approximately four hours on January 21–22, 1998, at the National Maryland 20892, telephone 301–496– for review, evaluation, and discussion of Institutes of Health, 9000 Rockville 8424, will provide substantive program individual grant applications. It is Pike, Bethesda, Maryland. The meeting information. anticipated that this will occur from of the full Council will be held in (Catalog of Federal Domestic Assistance 8:30 a.m. until approximately 1 p.m. on Conference Room 6, Building 31C, and Program Nos. 93.855, Immunology, Allergic February 2, in conference rooms 7, 8 the meeting of the Subcommittee will be and Immunologic Diseases Research, and 6 respectively. The meeting of the in Conference Room 7, Building 31C. National Institutes of Health) full Council will be closed from 3:30 The meeting of the Planning Dated: December 16, 1997. p.m. until recess on February 2 for the Subcommittee will be open to the LaVerne Y. Stringfield, review, discussion, and evaluation of public on January 21 from 2 p.m. until Committee Management Officer, NIH. individual grant applications. These 3 p.m. for the discussion of policy [FR Doc. 97–33494 Filed 12–23–97; 8:45 am] applications and the discussions could issues. The meeting of the full Council BILLING CODE 4140±01±M reveal confidential trade secrets or will be open to the public on January 22 commercial property such as patentable from 8:30 a.m. until 11:30 a.m. for a material, and personal information report from the Institute Director and DEPARTMENT OF HEALTH AND concerning individuals associated with discussion of extramural policies and HUMAN SERVICES the applications, disclosure of which procedures at the National Institutes of would constitute a clearly unwarranted Health and the National Institute on National Institutes of Health invasion of personal privacy. Deafness and Other Communication Ms. Claudia Goad, Committee Disorders. Attendance by the public will National Institute of Allergy and Management Officer, National Institute be limited to space available. Infectious Diseases; Notice of of Allergy and Infectious Diseases, Solar Meetings: National Advisory Allergy In accordance with the provisions set Building, Room 3C26, National and Infectious Diseases Council; forth in Sections 552b(c)(4) and Institutes of Health, Bethesda, Maryland Acquired Immunodeficiency Syndrome 552b(c)(6), Title 5, United States Code 20892, 301–496–7601, will provide a Subcommittee; Allergy and and Section 10(d) of Pub. L. 92–463, the summary of the meeting and a roster of Immunology Subcommittee; meeting of the Planning Subcommittee committee members upon request. Microbiology and Infectious Diseases on January 21 will be closed to the Individuals who plan to attend and Subcommittee public from 3 p.m. to adjournment. The need special assistance, such as sign meeting of the full Council will be Pursuant to Pub. L. 92–463, notice is language interpretation or other closed to the public on January 22 from hereby given of the meeting of the reasonable accommodations, should 12:30 p.m. until adjournment. The National Advisory Allergy and contact Ms. Goad in advance of the meetings will include the review, Infectious Diseases Council, National meeting. discussion, and evaluation of individual Institute of Allergy and Infectious Dr. Lawrence Deyton, Acting Director, grant applications. The applications and Diseases, and its subcommittees on Division of Extramural Activities, the discussions could reveal February 2–3, 1998. Meetings of the NIAID, NIH, Solar Building, Room confidential trade secrets or commercial Council, NAAIDC Allergy and 3C20, 6003 Executive Boulevard, property such as patentable material, Immunology Subcommittee, NAAIDC Rockville, Maryland 20892, telephone and personal information concerning Microbiology and Infectious Diseases 301–496–7291, will provide substantive individuals associated with the Subcommittee and the NAAIDC program information. applications, the disclosure of which 67396 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices would constitute a clearly unwarranted Time: 2:00 p.m. Name of SEP: Behavioral and invasion of personal privacy. Place: NIH, Rockledge 2, Room 4186, Neurosciences. Further information concerning the Telephone Conference. Date: January 7, 1998. Council and Subcommittee meeting may Contact Person: Dr. Gerald Liddel, Time: 2:00 p.m. Scientific Review Administrator, 6701 be obtained from Dr. Craig A. Jordan, Place: NIH, Rockledge 2, Room 5172, Rockledge Drive, Room 4186, Bethesda, Telephone Conference. Executive Secretary, National Deafness Maryland 20892, (301) 435–1150. and Other Communication Disorders Contact Person: Dr. Leonard Jakubczak, Name of SEP: Microbiological Sciences. Scientific Review Administrator, 6701 Advisory Council, National Institute on Date: March 19–20, 1998. Rockledge Drive, Room 5172, Bethesda, Deafness and Other Communication Time: 8:30 a.m. Maryland 20892, (301) 435–1247. Disorders, National Institutes of Health, Place: Holiday Inn, Bethesda, MD. Name of SEP: Behavioral and Executive Plaza South, Room 400C, Contact Person: Dr. Jean Hickman, Scientific Review Administrator, 6701 Neurosciences. 6120 Executive Blvd., MSC67180, Date: January 8, 1998. Bethesda, Maryland 20892, (301) 496– Rockledge Drive, Room 4178, Bethesda, Maryland 20892, (301) 435–1146. Time: 2:00 p.m. 8693. A summary of the meeting and Place: NIH, Rockledge 2, Room 5172, rosters of the members may also be Purpose/Agenda: To review Small Business Innovaiton Research. Telephone Conference. obtained from his office. For individuals Name of SEP: Multidisciplinary Sciences. Contact Person: Dr. Leonard Jakubczak, who plan to attend and need special Date: March 9–10, 1998. Scientific Review Administrator, 6701 assistance such as sign language Time: 8:00 a.m. Rockledge Drive, Room 5172, Bethesda, interpretation or other reasonable Place: Woodfin Suites, Rockville, MD. Maryland 20892, (301) 435–1247. accommodations, please contact Dr. Contact Person: Dr. Nadarajen A. Name of SEP: Behavioral and Jordan at least two weeks prior to the Vydelingum, Scientific Review Neurosciences. meeting. Administrator, 6701 Rockledge Drive, Room Date: January 9, 1998. 5210, Bethesda, Maryland 20892, (301) 435– Time: 2:00 p.m. (Catalog of Federal Domestic Assistance 1176. Place: NIH, Rockledge 2, Room 5172, Program No. 93.173 Biological Research The meetings will be closed in accordance Telephone Conference. Related to Deafness and Communication with the provisions set forth in secs. Contact Person: Dr. Leonard Jakubczak, Disorders) 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Scientific Review Administrator, 6701 Dated: December 16, 1997. Applications and/or proposals and Rockledge Drive, Room 5172, Bethesda, LaVerne Y. Stringfield, discussions could reveal confidential trade secrets or commercial property such as Maryland 20892, (301) 435–1247. Committee Management Officer, NIH. patentable material and personal information Name of SEP: Biological and Physiological [FR Doc. 97–33496 Filed 12–23–97; 8:45 am] concerning individuals associated with the Sciences. BILLING CODE 4140±01±M applications and/or proposals, the disclosure Date: January 19, 1998. of which would constitute a clearly Time: 11:00 a.m. unwarranted invasion of personal privacy. Place: NIH, Rockledge 2, Room 4148, DEPARTMENT OF HEALTH AND (Catalog of Federal Domestic Assistance Telephone Conference. HUMAN SERVICES Program Nos. 93.306, 93.333, 93.337, 93.393– Contact Person: Dr. Philip Perkins, 93.396, 93.837–93.844, 93.846–93.892, Scientific Review Administrator, 6701 National Institutes of Health 93.893, National Institutes of Health, HHS) Rockledge Drive, Room 4148, Bethesda, Dated: December 17, 1997. Maryland 20892, (301) 435–1718. Center for Scientific Review; Notice of LaVerne Y. Stringfield, Name of SEP: Biological and Physiological Closed Meetings Committee Management Officer, NIH. Sciences. Pursuant to Section 10(d) of the [FR Doc. 97–33492 Filed 12–23–97; 8:45 am] Date: January 22, 1998. Time: 11:00 a.m. Federal Advisory Committee Act, as BILLING CODE 4140±01±M Place: NIH, Rockledge 2, Room 4148, amended (5 U.S.C. Appendix 2), notice Telephone Conference. is hereby given of the following Center DEPARTMENT OF HEALTH AND Contact Person: Dr. Philip Perkins, for Scientific Review Special Emphasis Scientific Review Administrator, 6701 Panel (SEP) meetings: HUMAN SERVICES Rockledge Drive, Room 4148, Bethesda, Purpose/Agenda: To review individual National Institutes of Health Maryland 20892, (301) 435–1718. grant applications. The meetings will be closed in accordance Name of SEP: Clinical Sciences. Center for Scientific Review; Notice of with the provisions set forth in secs. Date: January 7, 1998. Closed Meetings 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Time: 1:00 p.m. Applications and/or proposals and the Place: NIH, Rockledge 2, Room 4214, Pursuant to Section 10(d) of the discussions could reveal confidential trade Telephone Conference. Federal Advisory Committee Act, as secrets or commercial property such as Contact Person: Dr. Dan McDonald, patentable material and personal information Scientific Review Administrator, 6701 amended (5 U.S.C. Appendix 2), notice concerning individuals associated with the Rockledge Drive, Room 4214, Bethesda, is hereby given of the following Center Maryland 20892, (301) 435–1215. for Scientific Review Special Emphasis applications and/or proposals, the disclosure of which would constitute a clearly Name of SEP: Biological and Physiological Panel (SEP) meetings: unwarranted invasion of personal privacy. Sciences. Purpose/Agenda: To review individual (Catalog of Federal Domestic Assistance Date: January 14, 1998. grant applications. Time: 1:00 p.m. Name of SEP: Behavioral and Program Nos. 93.306, 93.333, 93.337, 93.393– Place: NIH, Rockledge 2, Room 6158, Neurosciences. 93.396, 93.837–93.844, 93.846–93,878, Telephone Conference. Date: January 6, 1998. 93.892, 93,893, National Institutes of Health Contact Person: Dr. Sooja Kim, Scientific Time: 2:00 p.m. HHS) Review Administrator, 6701 Rockledge Drive, Place: NIH, Rockledge 2, Room 5172, Dated: December 17, 1997. Room 6158, Bethesda, Maryland 20892, (301) Telephone Conference. LaVerne Y. Stringfield, 435–1780 Contact Person: Dr. Leonard Jakubczak, Committee Management Officer, NIH. Name of SEP: Microbiological and Scientific Review Administrator, 6701 Immunological Sciences. Rockledge Drive, Room 5172, Bethesda, [FR Doc. 97–33493 Filed 12–23–97; 8:45 am] Date: January 14, 1998. Maryland 20892, (301) 435–1247. BILLING CODE 23±414±001±M Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67397

DEPARTMENT OF HOUSING AND assistance providers interested in any Division, Naval Facilities Engineering URBAN DEVELOPMENT such property should send a written Command, Code 241A, 200 Stovall expression of interest to HHS, addressed Street, Alexandria, VA 22332–2300; [Docket No. FR±4235±N±35] to Brian Rooney, Division of Property (703) 325–7342; (These are not toll-free Federal Property Suitable as Facilities Management, Program Support Center, numbers). To Assist the Homeless HHS, room 5B–41, 5600 Fishers Lane, Dated: December 18, 1997. Rockville, MD 20857; (301) 443–2265. Fred Karnas, Jr., AGENCY: Office of the Assistant (This is not a toll-free number.) HHS Deputy Assistant Secretary for Economic Secretary for Community Planning and will mail to the interested provider an Development. Development, HUD. application packet, which will include TITLE V, FEDERAL SURPLUS PROPERTY ACTION: Notice. instructions for completing the application. In order to maximize the PROGRAM FEDERAL REGISTER REPORT SUMMARY: This Notice identifies opportunity to utilize a suitable FOR 12/26/97 unutilized, underutilized, excess, and property, providers should submit their Suitable/Available Properties surplus Federal property reviewed by written expressions of interest as soon Buildings (by State) HUD for suitability for possible use to as possible. For complete details assist the homeless. concerning the processing of Michigan FOR FURTHER INFORMATION CONTACT: applications, the reader is encouraged to Eagle Harbor Lighthouse/ refer to the interim rule governing this Rt. 26 Mark Johnston, room 7256, Department Eagle Harbor Co: Keweenaw MI 44950 of Housing and Urban Development, program, 24 CFR part 581. For properties listed as suitable/to be Landholding Agency: GSA 451 Seventh Street SW, Washington, DC Property Number: 549740018 20410; telephone (202) 708–1226; TDD excess, that property may, if Status: Excess number for the hearing- and speech- subsequently accepted as excess by Comment: 2 bldgs., 3111 sq. ft. combined, impaired (202) 708–2565 (these GSA, be made available for use by the presence of asbestos/lead paint, most telephone numbers are not toll-free), or homeless in accordance with applicable recent use—museum and storage call the toll-free Title V information line law, subject to screening for other GSA Number: 1–U–MI–420A at 1–800–927–7588. Federal use. At the appropriate time, Virginia HUD will publish the property in a SUPPLEMENTARY INFORMATION: Bldg. SP–247 In Notice showing it as either suitable/ accordance with 24 CFR part 581 and Naval Base Norfolk available or suitable/unavailable. Norfolk VA 23511– section 501 of the Stewart B. McKinney For properties listed as suitable/ Landholding Agency: Navy Homeless Assistance Act (42 U.S.C. unavailable, the landholding agency has Property Number: 779720106 11411), as amended, HUD is publishing decided that the property cannot be Status: Unutilized this Notice to idenfy Federal buildings declared excess or made available for Comment: 3206 sq. ft., no utilities, presence and other real property that HUD has use to assist the homeless, and the of asbestos/lead paint, off-site use only reviewed for suitability for use to assist property will not be available. Bldg. NM–59A the homeless. The properties were Properties listed as unsuitable will Naval Base Norfolk Norfolk VA 23511– reviewed using information provided to not be made available for any other HUD by Federal landholding agencies Landholding Agency: Navy purpose for 20 days from the date of this Property Number: 779730069 regarding unutilized and underutilized Notice. Homeless assistance providers Status: Excess buildings and real property controlled interested in a review by HUD of the Comment: 14,044 sq. ft., presence of asbestos, by such agencies or by GSA regarding determination of unsuitability should most recent use—mobile facilities shop, its inventory of excess or surplus call the toll free information line at 1– off-site use only Federal property. This Notice is also 800–927–7588 for detailed instructions West Virginia published in order to comply with the or write a letter to Mark Johnston at the Emit Jennings House December 12, 1988 Court Order in address listed at the beginning of this New River Gorge National River National Coalition for the Homeless v. Notice. Included in the request for Huffman Drive Veterans Administration, No. 88–2503– review should be the property address McCreery Co: Raleigh WV 25934– OG (D.D.C.). (including zip code), the date of Landholding Agency: Interior Properties reviewed are listed in this publication in the Federal Register, the Property Number: 619740002 Notice according to the following landholding agency, and the property Status: Excess categories: Suitable/available, suitable/ number. Comment: 1400 sq. ft. concrete block, needs unavailable, suitable/to be excess, and For more information regarding rehab, off-site use only unsuitable. The properties listed in the particular properties identified in this Webb House three suitable categories have been Notice (i.e., acreage, floor plan, existing New River Gorge National River Rt. 41 North reviewed by the landholding agencies, sanitary facilities, exact street address), McCreery Co: Raleigh WV 25934– and each agency has transmitted to providers should contact the Landholding Agency: Interior HUD: (1) Its intention to make the appropriate landholding agencies at the Property Number: 619740003 property available for use to assist the following addresses: Interior: Ms. Lola Status: Excess homeless, (2) its intention to declare the Knight, Department of the Interior, 1849 Comment: 288 sq. ft. dwelling, off-site use property excess to the agency’s needs, or C Street, NW, Mail Stop 5512–MIB, only (3) a statement of the reasons that the Washington, DC 20240; (202) 208–4080; Gilliam House property cannot be declared excess or GSA: Mr. Brian K. Polly, Assistant New River Gorge National River made available for use as facilities to Commissioner, General Services Rt. 41 North assist the homeless. Administration, Office of Property McCreery Co: Raleigh WV 25934– Landholding Agency: Interior Propertites listed as suitable/available Disposal, 18th and F Streets, NW, Property Number: 619740004 will be available exclusively for Washington, DC 20405; (202) 501–2059; Status: Excess homeless use for a period of 60 days Navy: Mr. Charles C. Cocks, Department Comment: 448 sq. ft. dwelling, off-site use from the date of this Notice. Homeless of the Navy, Director, Real Estate Policy only 67398 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Unsuitable Properties SUMMARY: The Fish and Wildlife Service Conservation Agreement, working Buildings (by State) announces an extension of the public cooperatively with other agencies, in an review and comment period for the effort to reduce the threats affecting the Guam Draft Conservation Agreement for the spotted frog. Bldg. 609 spotted frog (Rana luteiventris) in Utah. Public Comments Solicited Naval Forces Marianas The Service announced the availability ComNavMar Co: Waterfront Annex GU The Service will use information 96540–0051 of the draft Conservation Agreement for Landholding Agency: Navy the Wasatch Front and West Desert received in its determination on Property Number: 779740085 populations (Utah) of spotted frog for whether it should be a signatory party Status: Unutilized review and comment on November 28, to the agreement. Comments or Reason: Secured Area Extensive deterioration 1997 (62 FR 63375). The original suggestions from the public, other Bldg. 611 comment period requested comments be concerned government agencies, the Naval Forces Marianas received on or before December 29, scientific community, industry, or any ComNavMar Co: Waterfront Annex GU 1997. On December 16, 1997, the other interested party concerning this 96540–0051 Service received an official request for draft document are hereby solicited. All Landholding Agency: Navy an extension of the comment period to comments and materials received will Property Number: 779740086 the week of January 13, 1998. be considered prior to the approval of Status: Unutilized DATES: any final document. Reason: Secured Area Extensive deterioration Comments on the Draft Conservation Agreement must now be Author North Carolina received on or before January 16, 1998, Bldg. 45, Camp Lejeune to be considered by the Service during The primary author of this notice is Camp Lejeune Co: Onslow NC 28542–0004 preparation of the final conservation Janet A. Mizzi, Utah Field Office (see Landholding Agency: Navy agreement and prior to the Service’s ADDRESSES section) (telephone 801/524– Property Number: 779740087 determination whether it will be a 5001). Status: Excess Reason: Secured Area Extensive deterioration signatory party to the agreement. Authority ADDRESSES: Persons wishing to review Bldg. 420, Camp Lejeune The authority for this action is the Camp Lejeune Co: Onslow NC 28542–0004 the Draft Conservation Agreement may obtain a copy by contacting the Field Endangered Species Act of 1973, as Landholding Agency: Navy amended (16 U.S.C. 1531 et seq.), the Property Number: 779740088 Supervisor, U.S. Fish and Wildlife Status: Excess Service, 145 East 1300 South, Suite 404, Fish and Wildlife Act of 1956, the Fish Reason: Secured Area Extensive deterioration Salt Lake City, Utah 84115. Written and Wildlife Service Coordination Act Bldg. TP463, Camp Lejeune comments and materials regarding the of 1964, and the National Memorandum Camp Lejeune Co: Onslow NC 28542–0004 Draft Conservation Agreement should of Understanding (94(SMU–056)). Landholding Agency: Navy also be directed to the same address. Dated: December 18, 1997. Property Number: 779740089 Comments and written materials will be Ralph O. Morgenweck, Status: Excess Reason: Secured Area Extensive deterioration available upon request for public Regional Director, Denver, Colorado. inspection, by appointment, during [FR Doc. 97–33538 Filed 12–23–97; 8:45 am] Ohio normal business hours at the above BILLING CODE 4310±55±M Newtown Fish Toxicology address. 3411 Church Street FOR FURTHER INFORMATION CONTACT: Mr. Newton Co: Hamilton OH 44244– DEPARTMENT OF THE INTERIOR Landholding Agency: GSA Reed E. Harris, Field Supervisor (see ADDRESSES section) (telephone 801/524– Property Number: 549740019 Bureau of Indian Affairs Status: Excess 5001). Reason: Within 2000 ft. of flammable or SUPPLEMENTARY INFORMATION: The Final Determination Against Federal explosive material within airport runway spotted frog (Rana luteiventris) is a Acknowledgment of the Mobile- clear zone candidate for Federal listing pursuant to GSA Number: 1–Z–OH–806 Washington County Band of Choctaw the Endangered Species Act of 1973, as Indians of South Alabama (MOWA) [FR Doc. 97–33503 Filed 12–23–97; 8:45 am] amended. In 1989 the Service received BILLING CODE 4210±29±M a petition from the Board of Directors of AGENCY: Bureau of Indian Affairs, the Utah Nature Study Society Interior. requesting that the Service add the ACTION: Notice of Final Determination. DEPARTMENT OF THE INTERIOR spotted frog (then referred to as Rana pretiosa) to the List of Threatened and SUMMARY: This notice is published in Fish and Wildlife Service Endangered Species. The Service accordance with authority delegated by subsequently published a notice of a 90- the Secretary of the Interior to the 50 CFR Part 17 day finding in the Federal Register (54 Assistant Secretary—Indian Affairs RIN 1018± FR 42529) on October 17, 1990, and a (Assistant Secretary) by 209 DM 8. notice of a 12-month petition finding in Notice is hereby given that the Endangered and Threatened Wildlife the Federal Register (58 FR 27260) on Assistant Secretary declines to and Plants; Extension of Comment May 7, 1993. In the 12-month petition acknowledge that the Mobile— Period for Draft Conservation finding the Service found that listing of Washington County Band of Choctaw Agreement for the Wasatch Front and the spotted frog as threatened in some Indians of South Alabama (MOWA), West Desert Populations (Utah) of portions of its range was warranted but 1080 West Red Fox Road, Mt. Vernon, Spotted Frog (Rana luteiventris) precluded by other higher priority Alabama 36560, exists as an Indian tribe AGENCY: Fish and Wildlife Service, listing actions. within the meaning of Federal law. This Interior. Shortly after the 12-month petition notice is based on the determination finding the Utah Department of Natural that the group does not satisfy one of the ACTION: Extension of comment period. Resources began development of a mandatory criteria set forth in 25 CFR Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67399

83.7, namely criterion 83.7 (e). Finding demonstrated that the MOWA the historical Choctaw, Cherokee, and Therefore, the MOWA do not meet the clearly did not meet criterion 83.7 (e), Creek tribes and narrowed its core requirements necessary for a thus meeting the burden of proof ancestors from 30 to 5 individuals. The government-to-government relationship required of the Government for making petitioner submitted additional with the United States, 25 CFR 83.10 a Proposed Finding under 83.10 (e). evidence on four of the five of these (m). Once the Proposed Finding has been ancestors from whom it claimed DATES: This determination is final and issued, however, the burden of proof descent. The BIA searched for evidence, is effective 90 days after publication in shifts to the petitioner for rebuttal. The but could not locate any evidence the Federal Register, unless a request standard of proof which must be met in connecting these four claimed core for reconsideration is filed with the the petitioner’s response to the ancestors to the Choctaw or to any other Interior Board of Indian Appeals (IBIA) Proposed Finding is a lesser one, the historical tribe. Neither the petitioner by the petitioner or any interested party ‘‘reasonable likelihood of the validity of nor the BIA found documentation no later than 90 days after publication, the facts’’ standard described in 25 CFR acceptable to the Secretary that the core 25 CFR 83.11. 83.6, the same standard used for all ancestors claimed to be Indian by the acknowledgment determinations. If, in FOR FURTHER INFORMATION CONTACT: MOWA, were descendants of the its response to the Proposed Finding, Holly Reckord, Chief, Branch of historical Choctaw tribe or any other the petitioner can show that it meets the Acknowledgment and Research, (202) Native American tribe. ‘‘reasonable likelihood of the validity of 208–3592. A request for a copy of the The BIA found that all the MOWA the facts’’ standard, and thus report which summarizes the evidence members descend from two core demonstrates descent from a historical and analyses that are the basis for this families that resided in southwestern tribe, or historical tribes which Final Determination should be Alabama by about 1830. Neither these amalgamated, then the BIA will addressed to the Bureau of Indian two families nor their ancestors were undertake a full review of the petition Affairs, Branch of Acknowledgment and found to be members of a historical tribe under all seven of the mandatory of American Indians, or of tribes which Research, 1849 C Street NW, Mailstop criteria. However, the MOWA’s 4603-MIB, Washington, D.C. 20240, or is response to the Proposed Finding did had combined and functioned as a available at www.doi.gov/bia/ single American Indian entity. The l not establish under the ‘‘reasonable ack res.html. likelihood of the validity of the facts’’ extensive evidence on these two SUPPLEMENTARY INFORMATION: The standard that the MOWA met criterion families either does not support, or in MOWA submitted a documented 83.7 (e). No new evidence was part disproves, Indian ancestry. Only petition on April 28, 1988, and received submitted or found which rebutted the one percent of the petitioner’s an ‘‘obvious deficiency review’’ (OD) conclusions of the Proposed Finding. membership could document any from the Bureau of Indian Affairs (BIA) Therefore, the MOWA response did not American Indian ancestry through the dated February 15, 1990. On November trigger a BIA evaluation of the MOWA fifth core ancestor (see above) whose 8, 1991, the MOWA responded to the petition under all seven mandatory lines married into the families in the OD review and on November 19, 1991, criteria. late 1880’s and early 1900’s. Except for the petition was placed on the ‘‘ready’’ The Final Determination is based this one percent, Indian records for list of petitioners waiting to be placed upon a new analysis of all the Alabama do not include the known on active consideration. The AS-IA’s information in the record. This includes ancestors of the petitioner. There was no investigation of the petition and the information available for the evidence in the substantial body of response to the OD review found little Proposed Finding, the information documentation submitted by the or no evidence that the petitioner can submitted by the petitioner in its petitioner, or in the independent meet criterion (e) of 83.7, descent from response to the Proposed Finding, and research by the BIA, to demonstrate a historical tribe or from historical tribes new evidence collected by the BIA Choctaw ancestry or any other Indian which combined and functioned as a researchers for evaluation purposes. ancestry for 99% of the petitioner’s single autonomous political entity. Interested and informed parties did not membership. Thus, the petitioner fails Under 25 CFR 83.10 (e) of the Federal submit evidence during the comment to meet criterion (e), descent from a acknowledgment regulations, an period. Two individuals submitted historical tribe. expedited Proposed Finding may be comments after the close of the response The Proposed Finding concluded that issued by the Assistant Secretary when period, which were not considered in the petitioner’s claim that its members there is little or no evidence that the the preparation of the final descended from ‘‘full and mixed blood petitioner can meet one of the determination in accord with 25 CFR Choctaws, Creeks, Cherokees, and mandatory criteria (e), (f), or (g) of 83.7. 83.10 (l) (l). Also, numerous form letters Chickasaws who avoided removal West Expedited findings may only be done were received out of time and all were during the Indian removal in the after the petition is complete and before transmitted to the Solicitor’s office for 1830’s’’ is not valid. The AS-IA found the petition has been placed on active retention for transmittal to the IBIA or that: consideration. A notice of the expedited the AS-IA in the event of a remand. (1) The petitioner’s core ancestral Proposed Finding to decline to None of the evidence submitted by the families did not have documented acknowledge the MOWA was published petitioner or located by the BIA during American Indian ancestry; in the Federal Register on January 5, the evaluation process demonstrates 1995 (60 FR 1874). that the core ancestors of the MOWA (2) The actual MOWA progenitors The Proposed Finding found that the were Choctaw or of other Indian from the 1880’s were not documented as petitioner clearly did not meet the ancestry. descendants of the known, removal-era, requirements of criterion 83.7 (e), Initially the petitioner claimed Indians claimed by the petitioner; and descent from a historical tribe. To make descent from six historical Indian tribes: (3) Many of the persons in the early a Proposed Finding under 83.10 (e), the Apache, Cherokee, Chickasaw, Choctaw, 19th century ‘‘founding Indian burden of proof is on the Government to Creek, and Houma. In its Response to community’’ claimed by the petitioner show that the petitioner clearly does not the Proposed Finding, the petitioner were not demonstrated to be Choctaw, meet the criterion. The Proposed continued to claim ancestry only from or even American Indian. 67400 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

(4) Only one percent of the publication unless the petitioner or any consideration, and more information petitioner’s membership can document interested party files a request for concerning unexploded military American Indian ancestry. reconsideration of this determination ordnance on site has become available. In its response to the Proposed with the Interior Board of Indian These topics are analyzed in the Finding, the petitioner submitted Appeals (83.11(a)(1)). The petitioner’s or Supplemental Analysis which is being evidence including letters, photographs, interested party’s request must be distributed for public review through interviews, school/church records, received no later than 90 days after the January 9, 1998. published secondary sources, publication of the Assistant Secretary’s FOR FURTHER INFORMATION CONTACT: newspaper/journal articles, court determination in the Federal Register Ward Valley Project Coordinator Bureau documents, Federal documents, land (83.11(a)(2)). of Land Management, California State records, maps, and time lines. Every Dated: December 17, 1997. Office, 2135 Butano Drive, Sacramento, piece of evidence submitted was California 95825; tel: (916) 978–4630. reviewed and it is concluded that: Kevin Gover, (1) Some of the evidence was either Assistant Secretary—Indian Affairs. Carl Rountree, irrelevant to criterion 83.7(e) because it [FR Doc. 97–33532 Filed 12–23–97; 8:45 am] Deputy State Director, Natural Resources. did not demonstrate genealogical BILLING CODE 4310±02±P [FR Doc. 97–33544 Filed 12–23–97; 8:45 am] descent from four claimed ancestors or BILLING CODE 4310±40±P descent from any historical tribe; (2) Much of the evidence was oral DEPARTMENT OF THE INTERIOR history and was unreliable when tested. DEPARTMENT OF THE INTERIOR Much of the evidence was found to be Bureau of Land Management unsubstantiated by primary Bureau of Land Management Notice of Availability and Public documentation; and [AZ±910±0777±61±241A] (3) The evidence did not connect Comment Period on Supplemental known MOWA ancestors to the Analysis to Environmental State of Arizona Resource Advisory individuals whom the MOWA claimed Assessment No. CA±069±EA7±42; Council Meeting were Native American or to a historical Tritium and Related Materials Testing AGENCY: Indian tribe. on Public Lands in Ward Valley, San Bureau of Land Management, (4) The evidence disproved Indian Bernardino County, CA Interior. ACTION: Arizona Resource Advisory ancestry to some of the MOWA AGENCY: Bureau of Land Management. ancestors. Council Meeting, notice of meeting. ACTION: The BIA searched for evidence on the Public comment period on local, state, and national levels. The Supplemental Analysis. SUMMARY: This notice announces a tour and meeting of the Arizona Resource core ancestors of the petitioning group SUMMARY: The Department of the are known. None of the primary records Advisory Council. The tour and meeting Interior (DOI), Bureau of Land will be held January 23–24, 1998 in demonstrated that these documented, Management (BLM) has prepared a known core ancestors were American Safford, Arizona. On January 23, the Supplemental Analysis on simultaneous RAC will tour a grazing allotment along Indian, or were descendants of a drilling activities by DOI/BLM and the historical tribe. The BIA also searched the Gila River and discuss various State of California, Department of issues involved in the Safford Field the records of the historical tribes which Health Services, and on related issues. the petitioner claimed and found no Office Livestock Grazing Biological EFFECTIVE DATE: Public comments on the connection between the MOWA core Opinion. The tour will start at 8:00 a.m. Supplemental Analysis must be ancestors and these historical tribes. from the BLM Safford Field Office and received by January 9, 1998. The MOWA response to the Proposed will conclude at 5:00 p.m. The Safford Finding offered no basis for reversing ADDRESSES: Copies of the Supplemental Field Office is located at 711 14th the conclusions of the Proposed Finding Analysis may be obtained upon request. Avenue. On January 24, the RAC will against Federal acknowledgment of the Submit requests to: External Affairs conduct a one-day business meeting. MOWA. The evidence in the record Staff, Bureau of Land Management, Again, the meeting will be held at the does not support the petitioner’s claim California Desert District, 6221 Box Safford Field Office, starting at 8:00 am. that it descends from a historical tribe. Springs Blvd., Riverside, CA 92507; or until approximately 2:00 p.m. The The record does not provide substantive to: External Affairs Staff, Bureau of Land agenda items to be covered at the evidence or any reason to believe that Management, California State Office, meeting include review of previous additional research might uncover such 2135 Butano Drive, Sacramento, meeting minutes; BLM State Director’s evidence. The MOWA petitioner has not California 95825. The EA is also Update on legislation, regulations and demonstrated by a ‘‘reasonable available on the Internet at: statewide planning efforts; Update on likelihood of the validity of the facts’’ www.ca.blm.gov. Safford and Tucson Biological standard that it meets the requirements SUPPLEMENTARY INFORMATION: DOI and Opinions; Presentation on a study of criterion 83.7(e). There is thus no BLM prepared an Environmental performed on the Gila River Watershed need to complete a full evaluation of the Assessment, EA No. CA–069–EA7–42, and its Runoff; and Reports by the documented petition under all seven of on proposed tritium and related Standards and Guidelines, Recreation the mandatory criteria. The petitioner materials testing and a proposal by the and Public Relations Working Groups; fails to meet the requirements for State of California to conduct rainfall Reports from RAC members; RAC Federal acknowledgment as an Indian infiltration studies. The EA was released Discussion on future meeting dates and Tribe. for public review on November 6, 1997. locations. A public comment period will The Proposed Finding which declined Since the initial EA was released, new take place at 11:30 a.m. January 24, 1998 to acknowledge that the petitioner is an information has become available that is for any interested publics who wish to Indian tribe is affirmed. This relevant to the DOI/BLM and State address the Council. determination is final and will become proposals. Specifically, a simultaneous FOR FURTHER INFORMATION CONTACT: effective 90 days from the date of drilling alternative is under Deborah Stevens, Bureau of Land Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67401

Management, Arizona State Office, 222 entry under the general land laws, mining claims that pre-date this North Central Avenue, Phoenix, Arizona including the United States mining withdrawal, several segments (sites) of 85004–2203, (602) 417–9215. laws, subject to valid existing rights, the Butte Creek are not encumbered with Michael A. Ferguson, provision of existing withdrawals, and mining claims. These sites have become Deputy State Director, Resources Division. other segregations of record. extremely popular for recreational Appropriation of any of the land mineral collection via panning, sluicing [FR Doc. 97–33539 Filed 12–23–97; 8:45 am] described in this order under the and dredging. BILLING CODE 4310±32±M general mining laws prior to the date The authority for this fee adjustment and time of restoration is unauthorized. is 43 CFR 8372. Any person who engages in mineral collection within the DEPARTMENT OF THE INTERIOR Any such attempted appropriation, including attempted adverse possession Forks of Butte Creek Special Recreation Bureau of Land Management under 30 U.S.C. 38 (1988), shall vest no Area in violation of permit terms or rights against the United States. Acts stipulations may be subject to a fine not [WY±921±1430±01; WYW 126227] required to establish a location and to to exceed $1,000 and/or imprisonment initiate a right of possession are not to exceed 12 months. Opening of Land in a Proposed governed by State law where not in Charles M. Schultz, Withdrawal; Wyoming conflict with Federal law. The Bureau of Redding Area Manager. AGENCY: Bureau of Land Management, Land Management will not intervene in [FR Doc. 97–33409 Filed 12–23–97; 8:45 am] Interior. disputes between rival locators over BILLING CODE 4310±40±P ACTION: Notice. possessory rights since Congress has provided for such determinations in SUMMARY: This notice cancels a local courts. DEPARTMENT OF THE INTERIOR withdrawal application insofar as it Alan R. Pierson, affects 1410.00 acres of public land and State Director. Bureau of Land Management opens the land to surface entry and [FR Doc. 97–33536 Filed 12–23–97; 8:45 am] [AZ±010±98±1610] mining. It has been and remains open to BILLING CODE 4310±22±M mineral leasing. The remaining portion Arizona Strip District Resource of the withdrawal application will Management Plan: Intent To Amend continue to be processed unless it is DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management. cancelled or denied. ACTION: Notice of intent to amend the EFFECTIVE DATE: Bureau of Land Management December 24, 1998. Arizona Strip Resource Management FOR FURTHER INFORMATION CONTACT: [CA±360±1230±00] Plan, Arizona. Janet Booth, BLM Wyoming State Office (WY 921), P.O. Box 1828, Cheyenne, Special AreaÐFee Adjustment SUMMARY: Pursuant to the BLM Planning Regulations (43 CFR part 1600) this Wyoming 82003, 307–775–6124. AGENCY: Bureau of Land Management notice advises the public that the SUPPLEMENTARY INFORMATION: A Notice (BLM), Interior. Arizona Strip Field Office, Bureau of of Proposed Withdrawal published in ACTION: Notice of fee adjustment for use the Federal Register, 59 FR 5441, on Land Management, is proposing to of Special Area within Butte County, amend the Arizona Strip Resource February 4, 1994, for the Bureau of Land California. Management (BLM) to protect important Management Plan to establish allowable paleontological resources on Big Cedar SUMMARY: The BLM is adjusting the resource uses on the Lee’s Ferry Grazing Ridge near Tensleep, Wyoming. After daily fee from $2.50 per site, per day to Allotment. In accordance with 43 CFR completing an environmental $5.00 per site, per day for recreational part 4100.0–8 ‘‘The authorized officer assessment, the BLM determined that mineral collection at the Forks of Butte shall manage livestock grazing on public certain land is no longer needed for the Creek Special Recreation Management lands under the principle of multiple withdrawal. The land is described as Area. This fee adjustment is required to use and sustained yield, and in follows: reflect the current market value of the accordance with applicable land use plans. Land use plans shall establish Sixth Principal Meridian, Wyoming recreation opportunity being offered by BLM, and to reduce over-crowding and allowable resource uses (either singly or T. 45 N., R. 89 W., degradation within the Special in combination), related levels of Sec. 8, E1⁄2SE1⁄4; Recreation Management Area. production or use to be maintained, Sec. 9, W1⁄2SW1⁄4; areas of use, * * *’’. The Bureau of 1 1 1 1 1 DATES: This fee adjustment will take Sec. 16, W ⁄2NW ⁄4, S ⁄2SW ⁄4SW ⁄4; Land Management, in cooperation with 1 2 1 2 effect January 1, 1998. Sec. 17, E ⁄ E ⁄ ; the Lee’s Ferry Grazing permittee, Sec. 20, E1⁄2E1⁄2; FOR FURTHER INFORMATION CONTACT: desires to retire the grazing preferences Sec. 21, W1⁄2W1⁄2, NE1⁄4NW1⁄4, Charles M. Schultz, Area Manager, 1 1 1 associated with the grazing allotment to NE ⁄4SE ⁄4NW ⁄4; Bureau of Land Management, 355 Sec. 28, W1⁄2E1⁄2NW1⁄4, NE1⁄4SE1⁄4NW1⁄4, alleviate conflicts between livestock and Hemsted Drive, Redding, CA 96002. W1⁄2NW1⁄4, N1⁄2SW1⁄4, N1⁄2SW1⁄4SW1⁄4, recreationist using the narrow Paria SW1⁄4SW1⁄4SW1⁄4; SUPPLEMENTARY INFORMATION: The Forks River Canyon corridor. Sec. 29, E1⁄2E1⁄2; of Butte Creek Special Recreation The main issues anticipated in this Sec. 32, E1⁄2NE1⁄4; Management Area in Butte County, plan amendment are: (1) potential Sec. 33, NE1⁄4NE1⁄4NW1⁄4, California, was placed under protective impacts on recreation opportunities; (2), 1 1 1 1 1 1 NW ⁄4NW ⁄4NW ⁄4, S ⁄2N ⁄2NW ⁄4, withdrawal (S 4528) by Public Land and potential impacts on the socio- S1⁄2NW1⁄4. Order 5329 on January 18, 1973, to economics of Coconino County, The area described contains 1,410 acres in segregate the area from all forms of Arizona. Washakie County. appropriation, including the mining This amendment is limited to the area At 9 a.m. on December 24, 1997 the laws. While the mineral rights to much contained within the Lee’s Ferry land will be opened to location and of this area continue to be held under Allotment on the Arizona Strip. 67402 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

A land use plan amendment and ACTION: Notice of availability and 60-day public. Each area receives management environmental analysis will be prepared comment period. or protection based on its unique needs, for the subject lands by an in consultation and coordination with interdisciplinary team including range, SUMMARY: The BLM, Farmington District the public. The Farmington District has wildlife, and recreation specialists. announces the availability of a draft completed inventories of areas Resource Management Plan (RMP) DATES: Interested parties may submit containing unique or sensitive cultural Amendment/preliminary Finding of No resources and has designated a sample comments to the Field Manager at the Significant Impact and Supporting address shown below on or before as ACECs. In addition the District has Environmental Assessment (EA). This reviewed nominations both internally February 20, 1998. document discusses the designation of ADDRESSES: Comments should be sent to and from the public to consider several 44 new ACESs including the expansion areas as ACECs based on cultural the Field Manager, Bureau of Land of three existing Special Management values. Management, Arizona Strip BLM, 345 E. Area and their designation as ACESs. Riverside Drive, St. George, Utah 84790. Approximately 10,592.76 federal acres The draft document discusses two FOR FURTHER INFORMATION CONTACT: are identified for designation. In alternatives, the No Action Alternative Robert Sandberg, Arizona Strip Field addition to designation, the plan and the Proposed Action. The BLM’s Office, Bureau of Land Management, amendment, when approved, will guide preferred alternative is to implement the 345 E. Riverside Drive, St. George, Utah the BLM programs and management Proposed Action by designating and 84790, (435) 688–3200 to obtain practices within the ACECs. managing 44 new ACECs, including the additional information regarding this DATES: Written comments relating to the expansion of three existing Special plan amendment. The existing land use designation of ACECs, management Management Areas and their plans and maps are available for review activities within the ACECs, and the EA designation as ACECs. These at the Interagency Office in St. George, will be taken for the next 60 days. management prescription proposals Utah. Comments must be postmarked on or represent the highest level of resource George Cropper, before March 11, 1998. protection and continued public use. Program Manager. ADDRESSES: Comments should be sent to The proposed ACECs represent seven [FR Doc. 97–33545 Filed 12–23–97; 8:45 am] District Manager, BLM Farmington site types: Chacoan Outliers, Chacoan Roads, Navajo Refugee (Pueblito) Sites, BILLING CODE 4310±32±P District, 1235 La Plata Highway, Suite A, Farmington, New Mexico 87401. Navajo Habitation Sites (Non-pueblito), FOR FURTHER INFORMATION CONTACT: Lee Pictograph and Petroglyph Sites, DEPARTMENT OF THE INTERIOR Otteni, District Manager, BLM Historic Sites, and Native American Farmington District at (505) 599–6300 or Traditional Use and Sacred Areas. [NM±070±1050±00] Peggy Gaudy, Project Leader, Management prescriptions are site Farmington District at (505) 599–6337. specific depending on both the site type Cultural Resources Areas Critical SUPPLEMENTARY INFORMATION: ACECs are and the current development in each Environmental Concern (ACECs) for proposed ACEC. the Farmington District, NM land designations unique to the BLM. The purpose of ACECs is to recognize, Eight Chacoan Outliers have been AGENCY: Bureau of Land Management protect, and manage unique or sensitive identified and proposed for ACEC (BLM) Interior. resources of potential hazards to the designation. They are:

Name Legal description

Toh-la-kai ...... T16N R18W Sec. 33 SW/4SE/4SE/4. Bee Burrow ...... T19N R11W Sec. 27 W/2SW/4, S/2NW/4. Sec. 28 SE/4, S/2NE/4. Sec. 29 SW/4SE/4. Sec. 33 N/2N/2NE/4. Indian Creek ...... T20N R13W Sec. 7 S/2NW/4, W/2SW/4NE/4. Upper Kin Klizhin ...... T20N R11W Sec. 22 NE/4NE/4. Sec. 23 W/2NW/4NW/4. Bis sa' ani ...... T21N R9W Sec. 3 portions of N/2NW/4. Sec. 4 portions of N/2N/2. Morris 41 ...... T32N R13W Sec. 15 SE/4SW/4, portions of NE/4SW/4, portions of W/2SW/4SE/4. Andrews Ranch ...... T14N R11W Sec. 32 NE/4NE/4SE/4, S/2SE/4NE/4. Sec. 33 all. Sec. 34 SW/4, NE/4SE/4, S/2SW/4NE/4, W/2NE/4SE/4, SW/4SE/4NE/4. Church Rock Outlier ...... T16N R16W Sec. 20 SE/4.

Management prescriptions for Chacoan Outliers vary slightly with the needs of each site, but in general they include preparation of Cultural Resources Management Plans at sites without existing plans, designation as ‘‘closed’’ or ‘‘limited’’ Off-Highway Vehicle (OHV) areas, if possible acquisition of non-federal minerals, withdrawal from mineral leasing or sale, coordination with lease holders to minimize resource damage and withdrawal from land or resource modification or sale. No new rights-of-way will be issued. The only exception is where a new right-of-way will be issued in existing disturbance at Church Rock Outlier. The BLM will coordinate with existing right-of-way and easement holders, and continue monitoring and patrol programs. Also proposed is complete Historic American Buildings Survey (HABS) docu- mentation on sites which have not been documented, stabilize structures as needed, conduct cultural inventories, complete cadastral survey and fences as needed, nominate to the National Register of Historic Places and World Heritage List, consolidate previous research data, and designate as Class I Visual Resource Management areas. Church Rock Outlier will be proposed for inclusion as a Chaco Culture Archaeological Protection Site. Private and state lands have been identified for acquisition at Andrews Ranch if there are willing participants. Three Chacoan Roads have been identified and proposed for ACEC designation. They are: Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67403

Name Legal description

North Road:. Segment 1 ...... T23N R10W Sec. 17 W/2W/2SW/4. Sec. 18 W/2W/2W/2. Sec. 19 W/2W/2W2. Sec. 30 W/2W/2W2. T23N R11W Sec. 12 SE/4. Sec. 13 E/2. Sec. 24 E/4. Sec. 25 SE/4. Segment 2 ...... T23N R10W Sec. 6 W/2W/2. T23N R11W Sec. 1 N/2SE/4, SW/4SE/4, N/2SE/4SE/4. T24N 410W Sec. 31 W/2W/2. T24N R11W Sec. 36 E/2. Segment 3 ...... T24N R10W Sec. 7 W/2W/2. Sec. 18 W/2W/2. Sec. 19 W/2W/2. Sec. 30 NW/4NW/4. T24N R11W Sec. 12 E/2SE/4. Segment 4 ...... T24N R11W Sec. 1 E/2SE/4. Segment 5 ...... T25N R10W Sec. 30 SW/4. Sec. 31 NW/4. Segment 6 ...... T25N R10W Sec. 19 E/2NW/4, E/2NW/4NW/4, E/2SW/4NW/4, W/2W/2NE/4. Segment 7 ...... T25N R10W Sec. 6 E/2NW/4, E/2SW/4, W/2SE/4. Sec. 7 E/2W/2W/2. T26N R10W Sec. 6 E/2. Sec. 18 E/2. Sec. 19 W/2E/2, W/2E/2E/2, E/2E/2W/2. Sec. 30 W/2E/2, W/2E/2E/2, E/2E/2W/2. Sec. 31 W/2E/2, E/2W/2. T27N R10W Sec. 31 E/2. Ah-shi-sle-pah Road ...... T22N R11W Sec. 6 all. Crownpoint Steps and Herradura ...... T16N R12W Sec. 6 all.

Management prescriptions for Chacoan Roads vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ‘‘closed’’ or ‘‘limited’’ Off-Highway Vehicle areas, if possible acquisition of minerals which are not under federal ownership, withdrawal from oil and gas leasing or sale under 160 acres, with other ‘‘no surface occupancy’’ lease stipulation on other parcels, withdrawal from other mineral entry, withdrawal from land or resource modification or sale, coordination with existing lease holders to minimize resource damage, and acquisition of identified private lands. No new rights-of-way will be issued in the 160 acres containing Halfway House or the Crownpoint Steps and Herradura parcel, or across parallel roads and the ‘‘Quads.’’ In other areas, rights-of-way will only be authorized with intensive roads inventory. The BLM will coordinate with existing right-of-way holders. Also proposed is to conduct roads inventories, nominate to National Register of Historic Places, consolidate previous research date, and designate as Class II Visual Resource Management areas (the 40 acres containing Halfway House in Segment 6 have already been designated and will remain a Class I area). Nine Navajo Refugee (Pueblito) Sites have been identified and proposed for ACEC designation. They are:

Name Legal description

Deer House ...... T24N R7W Sec. 15 NW/4NW/4. NM 01±39344 ...... T27N R7W Sec. 33 NE/4SW/4, NW/4SE/4. Kachina Mask ...... T28N R8W Sec. 11 SW/4SE/4SW/4. Hummingbird ...... T24N R6W Sec. 29 NW/4SW/4. Blanco Mesa ...... T26N R8W Sec. 12 S/2NW/4SE/4, N/2SW/4SE/4, S/2NE/4SW/4, SE/4NW/4SW/4, E/2SW/4SW/4, NE/4SE/4SW/4, W/2SE/4SW/4. Ye'is-in-Row ...... T28N R6W Sec. 20 NW/4NE/4. Kiva ...... T26N R7W Sec. 14 W/2NE/4NE/4, E/2NW/4NE/4. Pretty Woman ...... T25N R8W Sec. 21 E/2E/2NE/4. Sec. 22 W/2W/NW/4. Gomez Point ...... T27N R7W Sec. 1 S/2SW/4NW/4, N/2SW/4SW/4, SW/4SE/4NW/4, NW/4NE/4SE/4.

Management prescriptions for Navajo Refugee (Pueblito) Sites vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ‘‘closed’’ or ‘‘limited’’ Off- Highway Vehicle areas, no surface occupancy oil and gas lease stipulation withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. New rights-of-way will only be authorized in existing right-of-way disturbance and the BLM will coordinate with existing right-of-way and easement holders. Also proposed is complete Historic America Building Survey documentation, nominate to National Register of Historic Places, and stabilize structure as needed. The proposed ACECs will be designated as Class II Visual Resource Management areas. Two Navajo Habitation Sites (Non-pueblito) have been identified and proposed for ACEC designation. They are:

Name Legal description

Gould Pass Camp ...... T27N R7W Sec. 6 W/2SW/4NW/4. 67404 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Name Legal description

T27N R8W Sec. 1 E/2SE/4NE/4. Superior Mesa Community ...... T26N R7W Sec. 26 W/2W/2, W/2NE/4NW/4, W/2SE/4NW/4, W/2SNE/4SW/4, W/2SE/4SW/4. Sec. 27 E/2E/2

Management prescriptions for the Navajo Habitation Sites (Non-pueblito) include preparation of Cultural Resource Management Plans, designation as ‘‘closed’’ OHV area at Gould Pass Camp and ‘‘limited’’ OHV area at Superior Mesa Community, no surface occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. Also proposed is that new rights-of-way will only be authized in existing right-of-way disturbance, coordinate with exiting right-of-way holders, and designate as Class II Visual Resource Management areas. The ACECs will be nominated to the National Register of Historic Places. Fifteen Petroglyph and Pictograph Sites have been identified and proposed for ACEC designation. They are:

Name Legal description

Pregnant Basketmaker ...... T30N R8W Sec. 35 S/2SW/4NE/4SW/4, N/2NW/4SE/4SW/4. Encierro Canyon ...... T28N R6W Sec. 29 S/2NE/4. NM 01±39236 ...... T27N R6W Sec. 6 NW/4NW/4SW/4. Delgadita/Pueblo Canyons ...... T28N R7W Sec. 16 W/2NE/4, N/2N/2SW/4, S/2S/2NW/4, N/2N/2SE/4. Cibola Canyon ...... T26N R7W Sec. 36 S/2SE/4SW/4. T25N R7W Sec. 1 N/2NE/4NW/4. Bi Yaazh ...... T24N R7W Sec. 23 E/2NW/4NW/4, W/2NE/4NW/4. Four Ye'i ...... T24N R6W Sec. 10 SE/4NW/4SE/4,SW/4NE/4SE/4, NE/4SW/4SE/4, NW/4SE/4SE/4. Largo Canyon Star Ceiling ...... T27N R8W Sec. 3 N/2SE/4SE/4. Star Spring ...... T29N R8W Sec. 35 E/2SE/4NE/4. Sec. 36 W/2W/2SW/4NW/4. Blanco Star Panel ...... T28N R9W Sec. 26 S/2SE/4SW/4. Shield Bearer ...... T30N R8W Sec. 34 SE/4NE/4NE/4, NE/4SE/4NE/4. Sec. 35 SW/4NW/4NW/4, NW/4SW/4NW/4. Big Star ...... T27N R7W Sec. 3 SE/4SE/4. Rabbit Tracks ...... T27N R6W Sec. 6 S/2NE/4NW/4NW/4, N/2SE/4NW/4NW/4. Carrizo Cranes ...... T27N R6W Sec. 6 NE/4NE/4SW/4, N/2SE/4NE/4SW/4. Martinez Canyon ...... T27N R6W Sec. 10 W/2SW/4SE/4, E/2SE/4SW/4.

Management prescriptions for Petroglyph and Piectograh Sites vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ‘‘closed’’ or ‘‘limited’’ Off- Highway Vehicle areas, no surface occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. State land and minerals at two sites and private surface at one site have been identified for acquisition if there are willing participants. New rights-of-way will only be authorized in existing right-of-way disturbance and the BLM will coordinate with existing right-of-way holders. Also proposed is nomination to the National Register of Historic Places, Class III cultural inventories including detail documentation of images, withdrawal of 55 acres from grazing, and designation as Class II Visual Resource Management areas. Six Historic Sites have been identified and are proposed for ACEC designation. They are:

Name Legal description

Dogie Canyon School ...... T26N R6W Sec. 19 NW/4NE/4SW/4. Rock HouseÐNestor Martin Homestead .. T25N R6W Sec. 27 W/2SW/4SW/4. Sec. 28 E/2E/2SE/4SE/4. Gonzales CanyonÐSenon S ...... T25N R6W Sec. 23 E/2SE/4NE/4. Sec. 24 W/2SW/4NW/4. Martin Apodaco Homestead ...... T25N R6W Sec. 35 NW/4NE/4SW/4, N/2NW/4SW/4, SE/4NW/4, S/2SW/4NW/4. Margarita Martinez Homestead ...... T24N R6W Sec. 10 SE/4NW/4NW/4. Santos Peak ...... T27N R5W Sec. 6 SE/4SE/4, S/2NE/4SE/4, SE/4NW/4SE/4, E/2,SW/4NE/4. Sec. 7 N/2NE/4NE/4, NE/4NW/4NE/4.

Management prescriptions for Historic Sites vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ‘‘closed’’ or ‘‘limited’’ Off-Highway Vehicle areas, no surface occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. New rights-of-way will only be authorized in existing rights-of-way disturbance and the BLM will coordinate with existing right-of-way and easement holders. Also proposed is nomination to the National Register of Historic Places, conduct stabilization of structures as needed, withdrawal of 35 acres from grazing and designation as Class II Visual Resource Management area. Private minerals have been identified for acquisition at three sites. One Native American Traditional Use and Sacred Area has been identified and is proposed for ACEC designation. It is:

Name Legal description

Cho'li'i [Gobernador Knob] ...... T28N R5W Sec. 22 SE/4SE/4. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67405

Name Legal description

Sec. 23 S/2SW/4. Sec. 26 NW/4. Sec. 27 E/2NE/4.

Management prescriptions for the DEPARTMENT OF THE INTERIOR Dated: December 12, 1997. Native American Traditional use and John Quinley, Sacred Area include preparation of a National Park Service Acting Regional Director, Alaska Region. Cultural Resource Management Plan, [FR Doc. 97–33543 Filed 12–23–97; 8:45 am] Glacier Bay National Park and designation as a ‘‘limited’’ Off-Highway BILLING CODE 4310±70±P Vehicle area, no surface occupancy oil Preserve; Notice of Public Workshops and gas lease stipulation, withdrawal on Commercial Fishing from non-oil and gas mineral leasing or INTERNATIONAL DEVELOPMENT AGENCIES: National Park Service, sale, coordination with lease holders to COOPERATION AGENCY minimize resource damage, and Interior. withdrawal from land or resource ACTION: Notice of Public Workshops on Agency for International Development modification or sale. New rights-of-way Glacier Bay National Park Commercial Board for International Food and will only be authorized in existing right- Fishing Proposal of-way disturbance and the BLM will Agricultural Development One coordinate with existing right-of-way Hundred and Twenty-Fifth Meeting; SUMMARY: The National Park Service holders. Also proposes is nomination to Notice of Meeting will conduct public workshops on the the National Register of Historic Places, Glacier Bay National Park commercial Pursuant to the Federal Advisory conduct Class III cultural and fishing proposal in Juneau, Alaska in Committee Act, notice is hereby given of ethnographic inventories, and the one hundred and twenty-fifth designation as Class II Visual Resource January and February, 1998. The workshops will include discussion of meeting of the Board for International Management area. The area will remain Food and Agricultural Development open for Native American religious data and management information regarding commercial fisheries (BIFAD). The meeting will be held from practices. 9 a.m. to 5 p.m. on February 9, and from occurring within the park, and ongoing 9 a.m. to 12:15 p.m. on February 10, Additional data on management and proposed research associated with prescriptions for individual ACECs can 1998, both days, at the Pan-American commercial fishing activities. NPS be found in this RMP amendment. Health Organization, located at 525 23rd published a Proposed Rule on April 16, Street NW., Washington, DC 20523, in Public participation has occurred 1997 (62 FR 18547) and is preparing an throughout the RMP Amendment Conference Room B. Environmental Assessment regarding As part of its two-day agenda, Board process. A Notice of Intent was filed in commercial fishing within the park members will discuss the Food Aid the Federal Register (Vol. 61, No. 39 scheduled for release in March, 1998. Code of Conduct; enhancing Pages 7273–7274) on February 27, 1996. NPS is sponsoring public workshops to interactions and information exchange An article was published in the improve public understanding of issues among key groups such as the private Farmington Daily Times on March 6, associated with commercial fishing in sector and universities; and the 1996, notifying the public that the BLM the park. Open houses and formal involvement of the USDA’s Agriculture was requesting public input on public hearings on the Proposed Rule Research Service in USAID’s activities. proposed ACECs. Comments received and Environmental Assessment will be It will also receive an update from the during this 60-day comment period will held in April, 1998 in Alaskan Board’s task force reviewing the be considered in preparation of the communities and Seattle, Washington Collaborative Research Support Program Farmington RMP Amendment and guidelines. supporting EA. Copies have been sent to before the May 15, 1998 public comment deadline. Notice of these The meeting is open to the public. identified concerned and affected Any interested person may attend the publics. A public meeting on this hearings will be published in the Federal Register. meeting, may file written statements document is scheduled for February 10, with the Committee before or after the 1998. Single copies of the draft DATES: Public workshops will be held meeting, or present any oral statements Farmington RMP Amendment/ on January 8 and February 3, 1998 from in accordance with procedures Preliminary Finding of No Significant 10:00 a.m. to 5:00 p.m. established by the Committee, to the Impact (FONSI) and supporting EA for extent that time available for the LOCATIONS: The January 8 public the 44 ACECs may be obtained from the meeting permits. BLM Farmington District, 1235 La Plata workshop will be held in the Hickel Those wishing to attend the meeting Highway, Suite A, Farmington, NM Room at Centennial Hall in Juneau, should contact Mr. George Like at the 87401. A public reading copy is Alaska. The February 3 public Agency for International Development, available for review at the BLM New workshop will be held in the Ronald Reagan Building, Office of Mexico State Office, 1474 Rodeo Road, Lumberjack Room at the Westmark Agriculture and Food Security, 1300 Santa Fe, New Mexico. Hotel, Juneau, Alaska. Pennsylvania Avenue NW., Room 2.11– Dated: December 22, 1997. FOR FURTHER INFORMATION CONTACT: J. M. 072, Washington, DC 20523–2110, telephone (202) 712–1436, fax (202) Lee Otteni, Brady, Superintendent, Glacier Bay National Park and Preserve, P.O. Box 216–3010 or internet [[email protected]] District Manager, Farmington. with your full name. 140, Gustavus, Alaska 99826, [FR Doc. 97–33540 Filed 12–23–97; 8:45 am] Anyone wishing to obtain additional Telephone: (907) 697–2230. BILLING CODE 4310±FB±M information about BIFAD should 67406 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices contact Mr. Tracy Atwood the accessing its internet server (http:// Staff Report Designated Federal Officer for BIFAD. www.usitc.gov or ftp://ftp.usitc.gov). The prehearing staff report in this Write him in care of the Agency for SUPPLEMENTARY INFORMATION: investigation will be placed in the International Development, Ronald Background nonpublic record on April 10, 1998, and Reagan Building, Office of Agriculture a public version will be issued and Food Security, 1300 Pennsylvania Section 753(a) of the Act provides thereafter, pursuant to section 207.22 of Avenue NW., Room 2.11–005, that, in the case of a countervailing duty the Commission’s rules. Washington, DC 20523–2110, telephone order issued under section 303 of the him at (2020 712–5571, or fax (202) Act with respect to which the Hearing 216–3010. requirement of an affirmative The Commission will hold a hearing Tracy Atwood, determination of material injury under in connection with this investigation AID Designated Federal Officer (Chief, Food section 303(a)(2) was not applicable at beginning at 9:30 a.m. on May 5, 1998, Policy Division, Office of Agriculture and the time the order was issued, interested at the U.S. International Trade Food Security, Economic Growth Center, parties may request that the Commission Building. Requests to Bureau of Global Programs). Commission initiate an investigation to appear at the hearing should be filed in [FR Doc. 97–33523 Filed 12–23–97; 8:45 am] determine whether an industry in the writing with the Secretary to the BILLING CODE 6116±01±M United States is likely to be materially Commission on or before April 27, 1998. injured by reason of imports of the A nonparty who has testimony that may subject merchandise if the order is aid the Commission’s deliberations may INTERNATIONAL TRADE revoked. Such a request concerning the request permission to present a short COMMISSION countervailing duty order on extruded statement at the hearing. All parties and rubber thread from Malaysia was filed [Investigation No. 753±TA±34] nonparties desiring to appear at the on June 30, 1995, by North American hearing and make oral presentations Extruded Rubber Thread From Rubber Thread, Fall River, MA. should attend a prehearing conference Malaysia Participation in the Investigation and to be held at 9:30 a.m. on April 29, Public Service List 1998, at the U.S. International Trade AGENCY: United States International Commission Building. Oral testimony Persons wishing to participate in the Trade Commission. and written materials to be submitted at investigation as parties must file an ACTION: Initiation and scheduling of a the public hearing are governed by countervailing duty investigation. entry of appearance with the Secretary to the Commission, as provided in sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. SUMMARY: The Commission hereby gives section 201.11 of the Commission’s rules, no later than 21 days prior to the Parties must submit any request to notice of the initiation of countervailing present a portion of their hearing duty investigation No. 753–TA–34 hearing date specified in this notice. Industrial users and (if the merchandise testimony in camera no later than 7 under section 753(a) of the Tariff Act of days prior to the date of the hearing. 1930 (19 U.S.C. 1675b(a)) (the Act) to under investigation is sold at the retail determine whether an industry in the level) representative consumer Written Submissions organizations have the right to appear as United States is likely to be materially Each party who is an interested party parties in Commission countervailing injured by reason of imports from shall submit a prehearing brief to the Malaysia of extruded rubber thread, duty investigations. The Secretary will prepare a public service list containing Commission. Prehearing briefs must provided for in subheading 4007.00.00 conform with the provisions of section of the Harmonized Tariff Schedule of the names and addresses of all persons, or their representatives, who are parties 207.23 of the Commission’s rules; the the United States, if the countervailing deadline for filing is April 17, 1998. duty order on such merchandise is to this investigation upon the expiration of the period for filing entries of Parties may also file written testimony revoked. in connection with their presentation at For further information concerning appearance. Copies of draft questionnaires will be sent for comment the hearing, as provided in section the conduct of this investigation and 207.24 of the Commission’s rules, and rules of general application, consult the to parties who filed an entry of appearance by January 16, 1998. posthearing briefs, which must conform Commission’s Rules of Practice and with the provisions of section 207.25 of Procedure, part 201, subparts A through Limited Disclosure of Business the Commission’s rules. The deadline E (19 CFR part 201), and part 207 (19 Proprietary Information (BPI) Under an for filing posthearing briefs is May 12, CFR part 207). Administrative Protective Order (APO) 1998; witness testimony must be filed EFFECTIVE DATE: December 15, 1997. and BPI Service List no later than three days before the FOR FURTHER INFORMATION CONTACT: Pursuant to section 207.7(a) of the hearing. In addition, any person who Debra Baker (202–205–3180), Office of Commission’s rules, the Secretary will has not entered an appearance as a party Investigations, U.S. International Trade make BPI gathered in this investigation to the investigation may submit a Commission, 500 E Street SW., available to authorized applicants written statement of information Washington, DC 20436. Hearing- representing interested parties (as pertinent to the subject of the impaired persons can obtain defined in 19 U.S.C. 1677(9)) who are investigation on or before May 12, 1998. information on this matter by contacting parties to the investigation under the On June 4, 1998, the Commission will the Commission’s TDD terminal on 202– APO issued in the investigation, make available to parties all information 205–1810. Persons with mobility provided that the application is made on which they have not had an impairments who will need special not later than 21 days prior to the opportunity to comment. Parties may assistance in gaining access to the hearing date specified in this notice. A submit final comments on this Commission should contact the Office separate service list will be maintained information on or before June 8, 1998, of the Secretary at 202–205–2000. by the Secretary for those parties but such final comments must not General information concerning the authorized to receive BPI under the contain new factual information and Commission may also be obtained by APO. must otherwise comply with section Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67407

207.30 of the Commission’s rules. All Department of Justice (DOJ), Justice registrants’ Social Security Number and/ written submissions must conform with Management Division, Information or Tax Identification Number. The OCR the provisions of section 201.8 of the Management and Security Staff, will enable DEA to increase efficiency Commission’s rules; any submissions Attention: Department Clearance and accelerate processing of registrant that contain BPI must also conform with Officer, Suite 850, 1001 G Street, NW., applications. Social Security Number the requirements of sections 201.6, Washington, DC 20530. Additionally, and/or Tax Identification Numbers are 207.3, and 207.7 of the Commission’s comments may be submitted to DOJ via requested to correctly identify rules. facsimile to (202) 514–1590. registrants, to expedite application In accordance with sections 201.16(c) Written comments and suggestions processing, database integration and and 207.3 of the Commission’s rules, from the public and affected agencies telephone system upgrades. each document filed by a party to the concerning the proposed collection of 5. An estimate of the total number of investigation must be served on all other information should address one or more respondents and the amount of time parties to the investigation (as identified of the following four points: estimated for an average respondent to by either the public or BPI service list), 1. Evaluate whether the proposed respond: 1,197 respondents at 1 and a certificate of service must be collection of information is necessary response per year at 30 minutes per timely filed. The Secretary will not for the proper performance of the response. accept a document for filing without a functions of the agency, including 6. An estimate of the total public certificate of service. whether the information will have burden (in hours) associated with the Authority: This investigation is being practical utility; collection: 599 annual burden hours. conducted under authority of title VII of the 2. Evaluate the accuracy of the Public comments on this proposed Tariff Act of 1930; this notice is published agencies estimate of the burden of the information collection is strongly pursuant to section 207.46 of the proposed collection of information, encouraged. Commission’s rules. including the validity of the If additional information is required Issued: December 16, 1997. methodology and assumptions used; contact: Mr. Robert B. Briggs, Clearance By order of the Commission. 3. Enhance the quality, utility, and Officer, United States Department of Donna R. Koehnke, clarity of the information to be Justice, Information Management and collected; and Security Staff, Justice Management Secretary. 4. Minimize the burden of the [FR Doc. 97–33596 Filed 12–23–97; 8:45 am] Division, Suite 850, Washington Center, collection of information on those who 1001 G Street, NW., Washington, DC BILLING CODE 7020±02±P are to respond, including through the 20530. use of appropriate automated, electronic, mechanical, or other Dated: December 18, 1997. DEPARTMENT OF JUSTICE technological collection techniques or Robert B. Briggs, other forms of information technology, Department Clearance Officer, United States Drug Enforcement Administration e.g., permitting electronic submission of Department of Justice. [FR Doc. 97–33570 Filed 12–24–97; 8:45 am] Agency Information Collection responses. BILLING CODE 4410±09±M Activities; Revision of a Current Overview of the Information Collection Approved Information Collection; 1. Type of Information Collection: Comment Request Revision of a currently approved DEPARTMENT OF JUSTICE ACTION: Notice of information collection collection. Drug Enforcement Administration under review; Application for 2. Title of the Form/Collection: Application for Registration (DEA Form Registration (DEA Form 363) and Agency Information Collection 363) and Application for Registration Application for Registration Renewal Activities: Revision of a Current Renewal (DEA Form 363a). (DEA Form 363a). Approved Information Collection: 3. Agency form number: DEA Form Comment Request Office of Management and Budget 363, DEA Form 363a; Applicable approval is being sought for the component of the Department of Justice ACTION: Notice of information collection information collection listed below. sponsoring the collection: Office of under review; Application for This proposed information collection Diversion Control, Drug Enforcement Registration (DEA Form 225) and was previously published in the Federal Administration; Department of Justice. Application for Registration Renewal Register on July 7, 1997 at 62 FR 36306, 4. Affected public who will be asked (DEA Form 225a). allowing for a 60-day public comment or required to respond, as well as a brief period. abstract: Primary: State, Local, or Tribal Office of Management and Budget The purpose of this notice is to allow Government, Other: Business or other approval is being sought is being sought an additional 30 days for public for-profit and not-for-profit institutions. for the information collection listed comments until January 23, 1998. Practitioners who dispense narcotic below. This proposed information Written comments and/or suggestions drugs to individuals for maintenance of collection was previously published in regarding the item(s) contained in this detoxification treatment must register the Federal Register on July 7, 1997 at notice, especially regarding the with the DEA under the Narcotic Addict 62 FR 36306, allowing for a 60-day estimated public burden and associated Treatment Act of 1974. Registration is public comment period. response time, should be directed to the needed for control measures and is used The purpose of this notice is to allow Office of Management and Budget, to prevent diversion. an additional 30 days for public Office of Information and Regulatory These revisions of the forms will not comments until January 23, 1998. Affairs, Attention: DOJ Desk Officer, add any burden to the affected public. Written comments and/or suggestions Washington, DC 20530. Additionally, The subject forms are being revised to regarding the item(s) contained in this comments may be submitted to OMB via provide the ability to use an Optical notice, especially regarding the facsimile to (202) 395–7285. Comments Character Reader (OCR) for form estimated public burden and associated may also be submitted to the processing and to provide for response time, should be directed to the 67408 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Office of Management and Budget, Registration provides a closed system of allowing for a 60-day public comment Office of Information and Regulatory distribution to control the flow of period. Affairs, Attention: DOJ Desk Officer, controlled substances through the The purpose of this notice is to allow Washington, DC 20530. Additionally, distribution chain. an additional 30 days for public comments may be submitted to OMB via These revisions of the forms will not comments until January 23, 1998. facsimile to (202) 395–7285. Comments add any burden to the affected public. Written comments and/or suggestions may also be submitted to the The subject forms are being revised to regarding the item(s) contained in this Department of Justice (DOJ), Justice provide the ability to use an Optical notice, especially the estimated public Management Division, Information Character Reader (OCR) for form burden and associated response time, Management and Security Staff, processing and to provide for registrants should be directed to the Office of Attention: Department Clearance Social Security Number and/or Tax Management and Budget, Office of Officer, Suite 850, 1001 G Street, NW, Identification Number. The OCR will Information and Regulatory Affairs, Washington, DC 20530. Additionally, enable DEA to increase efficiency and Attention DOJ Desk Officer, comments may be submitted to DOJ via accelerate processing of registrant Washington, DC 20530. Additionally, facsimile to (202) 514–1590. applications. Social Security Number comments may be submitted to OMB via Written comments and suggestions and/or Tax Identification Numbers are facsimile to (202) 395–7285. Comments from the public and affected agencies requested to correctly identify may also be submitted to the concerning the proposed collection of registrants, to expedite application Department of Justice (DOJ), Justice information should address one or more processing, database integration and Management Division, Information of the following four points: telephone system upgrades. Management and Security Staff, 1. Evaluate whether the proposed 5. An estimate of the total number of Attention: Department Clearance collection of information is necessary respondents and the amount of time Officer, Suite 850, 1001 G Street, NW, for the proper performance of the estimated for an average respondent to Washington, DC 20530. Additionally, functions of the agency, including respond: 10,000 respondents at 1 comments may be submitted to DOJ via whether the information will have response per year at 30 minutes per facsimile to (202) 514–1590. practical utility; response. Written comments and suggestions 2. Evaluate the accuracy of the 6. An estimate of the total public from the public and affected agencies agencies estimate of the burden of the burden (in hours) associated with the concerning the proposed collection of proposed collection of information, collection: 5,000 annual burden hours. information should address one or more including the validity of the Public comments on this proposed of the following four points: methodology and assumptions used; information collection is strongly 1. Evaluate whether the proposed 3. Enhance the quality, utility, and encouraged. collection of information is necessary clarity of the information to be If additional information is required for the proper performance of the collected; and contact: Mr. Robert B. Briggs, Clearance functions of the agency, including 4. Minimize the burden of the Officer, United States Department of whether the information will have collection of information on those who Justice, Information Management and practical utility; are to respond, including through the Security Staff, Justice Management 2. Evaluate the accuracy of the use of appropriate automated, Division, Suite 850, Washington Center, agencies estimate of the burden of the electronic, mechanical, or other 1001 G Street, NW., Washington, DC proposed collection of information, technological collection techniques or 20530. including the validity of the other forms of information technology, methodology and assumptions used; e.g., permitting electronic submission of Dated: December 18, 1997. 3. Enhance the quality, utility, and responses. Robert B. Briggs, Department Clearance Officer, United States clarity of the information to be Overview of the Information Collection Department of Justice. collected; and 1. Type of Information Collection: [FR Doc. 97–33571 Filed 12–23–97; 8:45 am] 4. Minimize the burden of the Revision of a currently approved BILLING CODE 4410±01±M collection of information on those who collection. are to respond, including through the 2. Title of the Form/Collection: use of appropriate automated, Application for Registration (DEA Form DEPARTMENT OF JUSTICE electronic, mechanical, or other 225) and Application for Registration technological collection techniques or Renewal (DEA Form 225a). Drug Enforcement Administration other forms of information technology, 3. Agency form number: DEA Fort e.g., permitting electronic submissions Agency Information Collection 225, DEA Form 225a; Applicable of responses. Activities; Revision of a Current component of the Department of Justice Approved Information Collection: Overview of the Information Collection sponsoring the collection; Office of Comment Request Diversion Control, Drug Enforcement 1. Type of Information Collection: Administration, Department of Justice. ACTION: Notice of information collection Revision of a currently approved 4. Affected public who will be asked under review; Application for collection. or required to respond, as well as a brief Registration (DEA Form 224) and 2. Title of the Form/Collection: abstract: Primary: Business or other for- Application for Registration Renewal Application for Registration (DEA Form profit, Other: individuals or households, (DEA Form 224a). 224) and Application for Registration Not-for-profit institutions and State, Renewal (DEA Form 224a). Local or Tribal Government. Office of Management and Budget 3. Agency form number: DEA Form The Controlled Substances Act approval is being sought for the 224, DEA Form 224a; Applicable requires all firms and individuals who information collection listed below. component of the Department of Justice manufacture, distribute, import, export, This proposed information collection sponsoring the collection: Office of conduct research or dispense controlled was previously published in the Federal Diversion Control, Drug Enforcement substances to register with DEA. Register on July 7, 1997 at 62 FR 36306, Administration, Department of Justice. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67409

4. Affected public who will be asked Reports Midyear Population Counts and Statistics, Office of Justice Programs, or required to respond, as well as a brief Advance Year-end Population Counts— United States Department of Justice. abstract: Primary: Business or other for- National Prisoner Statistics 1997. (4) Affected public who will be asked profit, Other: individuals or households, to respond, as well as a brief abstract: Not-for-profit institutions and State, The proposed information collection Primary: State Departments of Local or Tribal Government. is published to obtain comments from Corrections. Others: The Federal Bureau All firms and individuals who the public and affected agencies. of Prisons. For the NPS–1A form, 52 distribute or dispense controlled Comments are encouraged and will be central reporters (one from each State, substances must register with the DEA accepted for sixty days from the date the District of Columbia, and the under the Controlled Substances Act. listed at the top of this page in the Federal Bureau of Prisons) responsible Registration is needed for control Federal Register. This process is in for keeping records on inmates will be measures over legal handlers of accordance with the Paperwork asked to provide information for the controlled substances and is used to Reduction Act of 1995. following categories: monitor their activities. Request written comments and (a) As of June 30, 1996 and June 30, These revisions of the forms will not suggestions from the public and affected 1997, the number of male and female add any burden to the affected public. agencies concerning the proposed inmates under their jurisdiction with The subject forms are being revised to collection of information. Your maximum sentences of more than one provide the ability to use an Optical comments should address one or more year, one year or less; and unsentenced Character Reader (OCR) for form of the following four points: inmates; and (1) Evaluate whether the collection of processing and to provide for registrants (b) As of June 30, 1996 and June 30, information is necessary for the proper Social Security Number and/or Tax 1997, the number of male and female performance of the functions of the Identification Number. The OCR will inmates in their custody with maximum agency, including whether the enable DEA to increase efficiency and sentences of more than one year, one information will have practical utility; accelerate processing of registrant year or less; and unsentenced inmates. (2) Evaluate the accuracy of the applications. Social Security Number For the NPS–1B form, 52 central agency’s estimate of the burden of the and/or Tax Identification Numbers are reporters (one from each State, the collection of information, including the requested to correctly identify District of Columbia, and the Federal validity of the methodology and registrants, to expedite application Bureau of Prisons) responsible for processing, database integration and assumptions used; (3) Enhance the quality, utility and keeping records on inmates will be telephone system upgrades. asked to provide information for the 5. An estimate of the total number of clarity of the information to be collected; and following categories: respondents and the amounts of time (a) As of December 31, 1996 and estimated for an average respondent to (4) Minimize the burden of the collection of information on those who December 31, 1997, the number of male respond: 355,000 respondents at 1 and female inmates under their response per year at 12 minutes per are to respond, including through the use of appropriate automated, jurisdiction with maximum sentences of response. more than one year, one year or less; 6. An estimate of the total public electronic, mechanical, or other technological collection techniques or and unsentenced inmates; burden (in hours) associated with the (b) The number of inmates housed in collection: 71,000 annual burden hours. other forms of information technology, e.g., permitting electronic submission of county or other local authority Public comments on this proposed correctional facilities, or in other state information collection are strongly responses. If you have additional comments, or Federal facilities on December 31, encouraged. 1997 solely to ease prison crowding; If additional information is required suggestions, or additional information, (c) As of the direct result of state contact: Mr. Robert B. Briggs, Clearance especially regarding the estimated prison crowding during 1997, the Officer, United States Department of public burden and associated response number of inmates released via court Justice, Information Management and time, please write to Dr. Jan M. Chaiken, order, administrative procedure or Security Staff, Justice Management Director, Bureau of Justice Statistics, statute, accelerated release, sentence Division, Suite 850, Washington Center, 810 Seventh St. NW, Washington, D.C. reduction, emergency release, or other 1001 G Street, NW, Washington, DC 20531. If you need a copy of the expedited release; and 20530. collection instruments with instructions, or have additional (d) The aggregate rated, operational, Dated: December 18, 1997. information, please contact James and design capacities, by sex, of each Robert B. Briggs, Stephan at (202) 616–3289, or via State’s correctional facilities at year-end Department Clearance Officer, United States facsimile at 202–307–1463. 1997. Department of Justice. Overview of this information The Bureau of Justice Statistics uses [FR Doc. 97–33572 Filed 12–23–97; 8:45 am] collection: this information in published reports BILLING CODE 4410±09±M (1) Type of information collection. and for the U.S. Congress, Executive Revision of currently approved Office of the President, practitioners, collection. researchers, students, the media, and DEPARTMENT OF JUSTICE (2) The title of the Form/Collection: others interested in criminal justice Prison Population Reports Midyear statistics. Office of Justice Programs Counts; and Prison Population Report (5) An estimate of the total number of Bureau of Justice Statistics; Agency Advance Year-end Counts—National respondents and the amount of time Information Collection Activities: Prisoner Statistics 1997. needed for an average respondent to Proposed Collection; Comment (3) The agency form number and the respond: 52 respondents each taking an Request applicable component of the average 2.5 hours to respond. Department sponsoring the collection. (6) An estimate of the total public ACTION: Notice of Information Collection Form: NPS–1A; and NPS–1B. burden (in hours) associated with the Under Review: Prison Population Corrections Unit, Bureau of Justice collection: 130 annual burden hours. 67410 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

If additional information is required, (OMB) for review and approval in functions of the agency, including contact: Mr. Robert B. Briggs, Clearance accordance with the Paperwork whether the information will have Officer, United States Department of Reduction Act of 1995 (Pub. L. 104–13, practical utility; Justice, Information Management and 44 U.S.C. Chapter 35). A copy of each • Evaluate the accuracy of the Security Staff, Justice Management individual ICR, with applicable agency’s estimate of the burden of the Division, Suite 850, Washington Center, supporting documentation, may be proposed collection of information, 1001 G Street, NW Washington, DC obtained by calling the Department of including the validity of the 20530. Labor, Departmental Clearance Officer, methodology and assumptions used; Dated: December 18, 1997. Todd R. Owen (202) 219–5096 ext. 143) • Enhance the quality, utility, and Robert B. Briggs, or by E-Mail to [email protected]. clarity of the information to be Individuals who use a Department Clearance Officer, United States collected; and Department of Justice. telecommunications device for the deaf • Minimize the burden of the (TTY/TDD) may call (202) 219–4720 [FR Doc. 97–33604 Filed 12–23–97; 8:45 am] collection of information on those who between 1:00 p.m. and 4:00 p.m. Eastern BILLING CODE 4410±18±M are to respond, including through the time, Monday–Friday. use of appropriate automated, Comments should be sent to Office of electronic, mechanical, or other Information and Regulatory Affairs, DEPARTMENT OF LABOR technological collection techniques or Attn: OMB Desk Officer for BLS, DM, other forms of information technology, Office of the Secretary ESA, ETA, MSHA, OSHA, PWBA, or e.g., permitting electronic submission of VETS, Office of Management and responses. Budget, Room 10235, Washington, DC Submission for OMB Review; Agency: Bureau Labor Statistics. Comment Request 20503 ((202) 395–7316), on or before January 23, 1998. Title: Construction Industry Benefits December 19, 1997. The OMB is particularly interested in Test. The Department of Labor (DOL) has comments which: OMB Number: 1220–New. submitted the following public • Evaluate whether the proposed Frequency: Annually. information collection requests (ICRs) to collection of information is necessary Affected Public: Business or other for- the Office of Management and Budget for the proper performance of the profit.

Number of re- Average min- Fiscal year average spondents per Responses Total response utes per Total burden year per year per year response hours

BLS 3038A ...... 550 1 468 75 585 BLS 3038B ...... 550 1 468 35 273 BLS 3038D ...... 550 1 468 180 1,404 Quality Assurance ...... 117 1 117 10 20 Average Annual Burden ...... 550 1 468 293 2,282

Total Annualized capital/startup maintain records to 2 hours for DEPARTMENT OF LABOR costs: 0. employees to have medical exams. Bureau of Labor Statistics Total annual costs (operating/ Total Burden Hours: 1,623,945. maintaining systems or purchasing services): 0. Total Annualized capital/startup Proposed Collection; Comment Description: The Employment costs: 0. Request Total annual costs (operating/ Standard Administration (ESA) and the ACTION: Notice. Bureau of Labor Statistics (BLS) Office maintaining systems or purchasing of Compensation and Working services): $4,699,000. SUMMARY: The Department of Labor, as Conditions intend to test the availability Description: The purpose of this part of its continuing effort to reduce and feasibility of collection and standard and its information collection paperwork and respondent burden, publication of benefit incidence and is designed to provide protection from conducts a pre-clearance consultation cost for specific construction the adverse health effects associated program to provide the general public occupations in local areas. The purpose with occupational exposure to lead. The and Federal agencies with an is to provide ESA with an alternative opportunity to comment on proposed method for arriving at determinations as standard requires employers to monitor employee health and to provide and/or continuing collections of stipulated by the Davis-Bacon Act. information in accordance with the Agency: Occupational Safety and employees with information about their exposures and the health effects of Paperwork Reduction Act of 1998 Health Administration. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This injuries. Title: Lead in General Industry (29 program helps to ensure that requested CFR Part 1910.1025). Todd R. Owen, data can be provided in the desired OMB Number: 1218–0092 (extension). Departmental Clearance Officer. format, reporting burden (time and Frequency: On Occasion. [FR Doc. 97–33565 Filed 12–23–97; 8:45 am] financial resources) is minimized, Affected Public: Business or other for- BILLING CODE 4510±24±M collection instruments are clearly profit; Federal Government; State, Local understood, and the impact of collection or Tribal Government. requirements on respondents can be Number of Respondents: 50,031. properly assessed. Currently, the Bureau Estimated Time Per Respondent: Time of Labor Statistics (BLS) is soliciting per response ranges from 5 minutes to comments the proposed revision of the Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67411

‘‘International Price Program—U.S. Avenue, N.E., Washington, D.C. 20212. Advisors, and the Federal Reserve Board Export Price Indexes’’. Ms. Kurz can be reached on 202–606– utilize these statistics on a regular basis A copy of the proposed information 7628 (this is not a toll free number). to improve these agencies’ formulation collection request (ICR) can be obtained and evaluation of monetary and fiscal SUPPLEMENTARY INFORMATION: by contacting the individual listed policy, and evaluation of the general below in the ADDRESSES section of this I. Background business environment. notice. The U.S. Export Price Indexes, II. Current Actions DATES: Written comments must be produced continuously by the Bureau of submitted to the office listed in the Labor Statistics’ International Price The IPP continues to modernize data addressee section below on or before Program (IPP) since 1971, measure price collection and processing to permit February 23, 1998. change over time for all categories of more timely release of its indexes and The Bureau of Labor Statistics is exported products, as well as many to reduce reporter burden. The IPP is particularly interested in comments services. The Office of Management and using the telephone rather than personal which: Budget has listed the Export Price visits for new item initiation in limited • Evaluate whether the proposed Indexes as a major economic indicator situations. We believe that initiation by collection of information is necessary since 1982. telephone reduces reporting burden for the proper performance of the The indexes are widely used in both with no loss in response. Other functions of the agency, including the public and private sectors. The potential initiation techniques to reduce whether the information will have primary public sector use is deflation of burden being reviewed includes less practical utility; the U.S. Trade statistics and the Gross frequent sampling of more stable item • Evaluate the accuracy of the Domestic Product; the indexes also are areas, use of broader item areas in agency’s estimate of the burden of the used in formulating U.S. trade policy certain cases, and retention of items proposed collection of information, and in trade negotiations with other initiated in previous samples. To reduce including the validity of the countries. In the private sector, uses of the time required for processing new methodology and assumptions used; the Export Price Indexes include market items, direct entry of initiation data • Enhance the quality, utility, and analysis, inflation forecasting, contract from the field will be tested. Also, for clarity of the information to be escalation, and replacement cost repricing, the use of fax telephone lines collected; and accounting. to permit direct collection and entry • Minimize the burden of the The International Price Program into our database is being considered. In collection of information on those who indexes are viewed as a sensitive addition, use of the Internet for monthly are to respond, including through the indicator of the economic environment. repricing is being reviewed, contingent use of appropriate automated, The Department of Commerce uses the upon the resolution of questions relating electronic, mechanical, or other monthly statistics to produce monthly to the security of the data. technological collection techniques or and quarterly estimates of inflation- Type of Review: Revision of a other forms of information technology, adjusted trade flows. Without currently approved collection. e.g., permitting electronic submissions continuation of data collection, it would Agency: Bureau of Labor Statistics. of responses. be extremely difficult to construct Title: International Price Program/U.S. ADDRESSES: Send comments to Karin G. accurate estimates of the U.S. Gross Export Product Information. Kurz, BLS Clearance Officer, Division of Domestic Product. In addition, Federal OMB Number: 1220–0025. Management Systems, Bureau of Labor policy-makers in the Department of the Affected Public: Business or other for- Statistics, Room 3255, 2 Massachusetts Treasury, the Council of Economic profit.

Average time Estimated total Form Total Frequency Total annual per response burden respondents responses (hours) (hours)

Form 2894B ...... 1613 Annually ...... 1,613 .75 1,210 Form 3008B ...... 1613 Annually ...... 1,613 .25 403.25 Form 3007D ...... 3235 Monthly, quarterly ...... 38,540 .53 20,426.2

Total ...... 4848 ...... 41,766 ...... 22,039

Total Burden Cost (capital/startup): Signed at Washington, D.C., this 18th day DEPARTMENT OF LABOR $0. of December, 1997. Mine Safety and Health Administration Total Burden Cost (operating/ W. Stuart Rust, Jr., maintenance): $0. Chief, Division of Management Systems, Fee Adjustments for Testing, Bureau of Labor Statistics. Comments submitted in response to Evaluation, and Approval of Mining [FR Doc. 97–33564 Filed 12–23–97; 8:45 am] this notice will be summarized and/or Products BILLING CODE 4510±24±M included in the request for Office of AGENCY: Mine Safety and Health Management and Budget approval of the Administration (MSHA), Labor. information collection request; they also ACTION: Notice of fee adjustments. will become a matter of public record. SUMMARY: This notice revises MSHA’s user fees for testing, evaluation, and approval of certain products manufactured for use in underground mines. These fees are based on fiscal 67412 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices year 1997 data and reflect changes in an hourly basis. The hourly rates are relatively small range of difference in approval processing operations as well recalculated each year and published in the separately computed direct costs for as costs incurred to process approval the Federal Register. This calculation each product approval program. The actions. involves an assessment of the direct and result has been the annual publication DATES: These fee schedules are effective indirect costs associated with the of an unnecessarily complicated listing from January 1, 1998 through December services performed. Direct costs are of separate hourly rates with relatively 31, 1998. Approval applications based on current compensation and little variation. This has undoubtedly postmarked before January 1, 1998 will benefit costs for technical and support created confusion and frustration for be chargeable under the fee schedules as personnel directly involved in those mining product manufacturers published on December 27, 1996. providing the services. Indirect costs are who submit requests for A&CC services FOR FURTHER INFORMATION CONTACT: based on a proportionate share of the under more than one product category. Steven J. Luzik, Chief, Approval and cost of activities which support the A&CC is simplifying the computation Certification Center, R.R. 1, Box 251, approval service, including management of direct costs for 1998 so as to produce Triadelphia, West Virginia 26059, (304) and administration of the A&CC, facility a uniform hourly rate across all of the 547–2029 or (304) 547–0400. operating costs and amortization and product approval categories. This has depreciation of facilities and equipment. been accomplished by simply SUPPLEMENTARY INFORMATION: In general, Indirect costs have been applied calculating a weighted average direct MSHA has computed the revised fees uniformly in computing the hourly rates cost for all the services provided by based on the cost to the government to for the various services provided. A&CC in the processing of requests for provide testing, evaluation, and testing, evaluation and approval of approval of products manufactured for Direct costs, however, have been mining products. The result is a single use in underground mines. On May 8, separately computed for each product hourly rate which is now uniformly 1987 (52 FR 17506), MSHA published a approval program. This has resulted in applied regardless of product type. final rule, 30 CFR Part 5—Fees for the inclusion of over 100 different fee Testing, Evaluation, and Approval of categories being published in the annual Programs that were previously Mining Products, which established the Federal Register notice. The intent of administered using a flat rate billing specific procedures for fee calculation, this breakdown has been to establish convention will remain in the schedule administration, and revisions. This hourly rates which reflect as accurately as such. See the schedule for the revised fee schedule is established in as possible the actual cost of performing appropriate flat/hourly rates. accordance with the procedures of that services by product type. Dated: December 18, 1997. rule. Experience has shown that since J. Davitt McAteer, For a majority of the services 1987, the year in which 30 CFR Part 5 Assistant Secretary for Mine Safety and provided by A&CC, fees are charged on was promulgated, there has been a Health.

FEE SCHEDULE EFFECTIVE JANUARY 1, 1998 [(Based on FY 1997 data]

Action Title Hourly Rate Flat Rate

Testing, Evaluation, and Approval of all products ...... $59 ...... 30 CFR PART 15ÐEXPLOSIVES 12 Approval Evaluation 1 ...... 59 ...... Permissibility Tests for Explosives: Weigh-in ...... 462 Physical Exam: First size ...... 325 Chemical Analysis ...... 1,977 Air GapÐMinimum Product Firing Temperature ...... 460 Air GapÐRoom Temperature ...... 352 Pendulum Friction Test ...... 163 Detonation Rate ...... 352 Gallery Test 7 ...... 7,436 Gallery Test 8 ...... 5,533 Toxic Gases (Large Chamber) ...... 805 Permissibility Tests for Sheathed Explosives: Physical Examination ...... 128 Chemical Analysis ...... 1,044 Gallery Test 9 ...... 1,944 Gallery Test 10 ...... 1,944 Gallery Test 11 ...... 1,944 Gallery Test 12 ...... 1,944 Drop Test ...... 648 Temperature Effects/Detonation ...... 672 Toxic Gases ...... 580 14 Approval Extension ...... 59 ...... 15 Statement of Test and Evaluation (ST&E) ...... 54 17 Statement of Test and Evaluation (ST&E) Extension ...... 54 20 Stamped Revision Acceptance (SRA)2 ...... 403 23 Field Approval ...... 103 29 Dust Collector Approval with Cert. of Performance ...... 297 40 Stamped Notification Acceptance Program (SNAP) ...... 443 40 Stamped Notification Acceptance Program (SNAP) ST&E ...... 33 47 PermitÐExtension of Time ...... 276 52 Mine Wide Monitoring System (MWMS) Barrier Classification ...... 87 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67413

FEE SCHEDULE EFFECTIVE JANUARY 1, 1998ÐContinued [(Based on FY 1997 data]

Action Title Hourly Rate Flat Rate

00 Retesting for Approval as a Result of Post-Approval Product Audit 3 ...... 1 Full approval fee consists of evaluation cost plus applicable test costs. 2 Fee covers SRA application accompanied by up to five documents. 3 Fee based upon the approval schedule in effect at the time of retest. Note: When testing and evaluation are required at locations other than MSHA's premises, the applicant shall reimburse MSHA for traveling, subsistence, and incidental expenses of MSHA's representation in accordance with standardized government travel regulations. This reimburse- ment is in addition to the fees charged for evaluation and testing.

[FR Doc. 97–33584 Filed 12–23–97; 8:45 am] A Notice of Consideration of DP&L, as described herein, not be BILLING CODE 4510±43±P Approval of Application Regarding completed by December 31, 1998, this Proposed Corporate Restructuring was Order shall become null and void, published in the Federal Register on provided, however, on application and NUCLEAR REGULATORY December 8, 1997 (62 FR 64600), and an for good cause shown, such date is COMMISSION Environmental Assessment and Finding extended. of No Significant Impact was published This Order is effective upon issuance. Docket No. 50±354 in the Federal Register on December 8, IV 1997 (62 FR 64603). Atlantic City Electric Company (Hope By January 23, 1998, any person Creek Generating Station); Order Under 10 CFR 50.80, no license shall be transferred, directly or indirectly, adversely affected by this Order may file Approving Application Regarding a request for a hearing with respect to Merger Agreement Between Atlantic through transfer of control of the license, unless the Commission gives its issuance of the Order. Any person Energy, Inc. (Parent of Atlantic City requesting a hearing shall set forth with consent in writing. Upon review of the Electric Company) and Delmarva particularity how that interest is information submitted in the letter and Power and Light Company adversely affected by this Order and application of April 30, 1997, and shall address the criteria set forth in 10 I supplement dated November 7, 1997, CFR 2.714(d). Atlantic City Electric Company (ACE) the NRC staff has determined that the If a hearing is to be held, the and Public Service Electric and Gas proposed merger of Atlantic Energy, Inc. Commission will issue an order Company (PSE&G) are co-holders of and DP&L will not affect the designating the time and place of such Facility Operating License No. NPF–57, qualifications of ACE as a holder of the hearing. issued by the U.S. Nuclear Regulatory license, and that the transfer of control The issue to be considered at any Commission (NRC or Commission) of the license for Hope Creek, to the such hearing shall be whether this pursuant to Part 50 of Title 10 of the extent effected by the proposed merger, Order should be sustained. Code of Federal Regulations (10 CFR is otherwise consistent with applicable Any request for a hearing must be Part 50) for operation of the Hope Creek provisions of law, regulations, and filed with the Secretary of the Generating Station (Hope Creek). Under orders issued by the Commission, Commission, U.S. Nuclear Regulatory the license, PSE&G is authorized to subject to the conditions stated herein. Commission, Washington, DC 20555– possess, use, and operate the facility, These findings are supported by a safety 0001, Attention: Rulemakings and and ACE is authorized to possess the evaluation dated December 18, 1997. Adjudications Staff, or may be delivered facility. Hope Creek is located in Salem III to the Commission’s Public Document County, New Jersey. Room, The Gelman Building, 2120 L Accordingly, pursuant to Sections Street, NW., Washington, DC by the II 161b, 161i, 161o, and 184 of the Atomic above date. Copies should be also sent By application filed by ACE under Energy Act of 1954, as amended, 42 to the Office of the General Counsel and cover of a letter dated April 30, 1997, USC §§ 2201(b), 2201(i), 2201(o), and to the Director, Office of Nuclear from John H. O’Neill, Jr., of Shaw, 2234, and 10 CFR 50.80, it is hereby Reactor Regulation, U.S. Nuclear Pittman, Potts & Trowbridge, attorney ordered that the Commission approves Regulatory Commission, Washington, for ACE, supplemented by letter dated the application regarding the proposed DC 20555–0001, and to John H. O’Neill, November 7, 1997, ACE requested the merger of Atlantic Energy, Inc. and Jr., Shaw, Pittman, Potts & Trowbridge, Commission’s approval, pursuant to 10 DP&L subject to the following 2300 N Street, NW., Washington, DC, CFR 50.80, of the indirect transfer of the conditions: (1) ACE shall provide the 20037, attorney for ACE. license, to the extent held by ACE, that Director of the Office of Nuclear Reactor For further details with respect to this would result from the consummation of Regulation a copy of any application, at action, see the application filed by ACE a merger agreement between Atlantic the time it is filed, to transfer (excluding under cover of a letter dated April 30, Energy, Inc. (parent of ACE) and grants of security interests or liens) from 1997, from John H. O’Neill, Jr., of Shaw, Delmarva Power and Light Company ACE to its proposed parent or to any Pittman, Potts & Trowbridge, as (DP&L). Under the merger agreement, other affiliated company, facilities for supplemented by a letter dated Atlantic Energy, Inc. and DP&L would the production, transmission, or November 7, 1997, and the safety form a new holding company, Conectiv, distribution of electric energy having a evaluation dated December 18, 1997, Inc., under which ACE and DP&L would depreciated book value exceeding 10 which are available for public become wholly owned subsidiaries. No percent (10%) of ACE’s consolidated net inspection at the Commission’s Public direct transfer of the license would utility plant, as recorded on ACE’s Document Room, The Gelman Building, occur. PSE&G is not involved in the books of account; and (2) should the 2120 L Street, NW., Washington, DC, merger. merger of Atlantic Energy, Inc. and and at the local public document room 67414 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices at the Pennsville Public Library, 190 the licenses would occur. PSE&G and net utility plant, as recorded on DP&L’s South Broadway, Pennsville, NJ. PECO Energy Company are not involved books of account; and (3) should the Dated at Rockville, Maryland, this 18th day in the merger. merger of Atlantic Energy, Inc. and of December 1997. A Notice of Consideration of DP&L, as described herein, not be For the Nuclear Regulatory Commission. Approval of Application Regarding completed by December 31, 1998, this Proposed Corporate Restructuring was Samuel J. Collins, Order shall become null and void, published in the Federal Register on provided, however, on application and Director, Office of Nuclear Reactor December 8, 1997 (62 FR 64601), and an Regulation. for good cause shown, such date is Environmental Assessment and Finding [FR Doc. 97–33546 Filed 12–23–97; 8:45 am] extended. of No Significant Impact was published This Order is effective upon issuance. BILLING CODE 7590±01±P in the Federal Register on December 8, 1997 (62 FR 64601). IV Under 10 CFR 50.80, no license shall NUCLEAR REGULATORY By January 23, 1998, any person be transferred, directly or indirectly, COMMISSION through transfer of control of the adversely affected by this Order may file a request for a hearing with respect to [Docket Nos. 50±277 and 50±278] license, unless the Commission gives its consent in writing. Upon review of the issuance of the Order. Any person Atlantic City Electric Company information submitted in the letter and requesting a hearing shall set forth with Delmarva Power and Light Company application of April 30, 1997, and particularity how that interest is (Peach Bottom Atomic Power Station, supplement dated November 7, 1997, adversely affected by this Order and Units 2 and 3); Order Approving the NRC staff has determined that the shall address the criteria set forth in 10 Application Regarding Merger proposed merger of Atlantic Energy, Inc. CFR 2.714(d). Agreement Between Atlantic Energy, and DP&L will not affect the If a hearing is to be held, the Inc. (Parent of Atlantic City Electric qualifications of ACE and DP&L as Commission will issue an order Company) and Delmarva Power and holders of the licenses, and that the designating the time and place of such Light Company transfer of control of the licenses for hearing. PBAPS, to the extent effected by the I The issue to be considered at any proposed merger, is otherwise such hearing shall be whether this Atlantic City Electric Company (ACE) consistent with applicable provisions of Order should be sustained. and Delmarva Power and Light law, regulations, and orders issued by Any request for a hearing must be Company (DP&L) are co-holders of the Commission, subject to the filed with the Secretary of the Facility Operating Licenses Nos. DPR– conditions stated herein. These findings Commission, U.S. Nuclear Regulatory 44 and DPR–56, along with Public are supported by a safety evaluation Commission, Washington, DC 20555– Service Electric and Gas Company dated December 18, 1997. 0001, Attention: Rulemakings and (PSE&G) and PECO Energy Company, III Adjudications Staff, or may be delivered issued by the U.S. Nuclear Regulatory to the Commission’s Public Document Accordingly, pursuant to Sections Commission (NRC or Commission) Room, The Gelman Building, 2120 L pursuant to Part 50 of Title 10 of the 161b, 161i, 161o, and 184 of the Atomic Energy Act of 1954, as Street, NW., Washington, DC by the Code of Federal Regulations (10 CFR above date. Copies should be also sent Part 50) for operation of the Peach amended, 42 USC §§ 2201(b), 2201(i), 2201(o), and 2234, and 10 CFR 50.80, It to the Office of the General Counsel and Bottom Atomic Power Station, Units 2 to the Director, Office of Nuclear and 3 (PBAPS). Under the licenses, is hereby ordered that the Commission approves the application regarding the Reactor Regulation, U.S. Nuclear PECO Energy Company is authorized to Regulatory Commission, Washington, possess, use, and operate the facilities, proposed merger of Atlantic Energy, Inc. and DP&L subject to the following DC 20555–0001, and to John H. O’Neill, and ACE, DP&L, and PSE&G are Jr., Shaw, Pittman, Potts & Trowbridge, authorized to possess the facilities. conditions: (1) ACE shall provide the Director of the Office of Nuclear Reactor 2300 N Street, NW., Washington, DC, PBAPS is located in York County, 20037, attorney for ACE and DP&L. Pennsylvania. Regulation a copy of any application, at the time it is filed, to transfer (excluding For further details with respect to this II grants of security interests or liens) from action, see the application filed by ACE By application filed by ACE and ACE to its proposed parent or to any and DP&L under cover of a letter dated DP&L under cover of a letter dated April other affiliated company, facilities for April 30, 1997, from John H. O’Neill, Jr., 30, 1997, from John H. O’Neill, Jr., of the production, transmission, or of Shaw, Pittman, Potts & Trowbridge, Shaw, Pittman, Potts & Trowbridge, distribution of electric energy having a as supplemented by a letter dated attorney for ACE and DP&L, depreciated book value exceeding 10 November 7, 1997, and the safety supplemented by letter dated November percent (10%) of ACE’s consolidated net evaluation dated December 18, 1997, 7, 1997, ACE and DP&L requested the utility plant, as recorded on ACE’s which are available for public Commission’s approval, pursuant to 10 books of account; (2) DP&L shall inspection at the Commission’s Public CFR 50.80, of the indirect transfer of the provide the Director of the Office of Document Room, The Gelman Building, licenses, to the extent held by ACE and Nuclear Reactor Regulation a copy of 2120 L Street, NW., Washington, DC, DP&L, that would result from the any application, at the time it is filed, and at the local public document room consummation of a merger agreement to transfer (excluding grants of security in the Government Publications Section, between Atlantic Energy, Inc. (parent of interests or liens) from DP&L to its State Library of Pennsylvania, ACE) and DP&L. Under the merger proposed parent or to any other (REGIONAL DEPOSITORY) Education agreement, Atlantic Energy, Inc. and affiliated company, facilities for the Building, Walnut Street and DP&L would form a new holding production, transmission, or Commonwealth Avenue, Box 1601, company, Conectiv, Inc., under which distribution of electric energy having a Harrisburg, Pennsylvania. ACE and DP&L would become wholly depreciated book value exceeding 10 Dated at Rockville, Maryland, this 18th day owned subsidiaries. No direct transfer of percent (10%) of DP&L’s consolidated of December 1997. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67415

For the Nuclear Regulatory Commission. Philadelphia Electric Company are not books of account; and (3) should the Samuel J. Collins, involved in the merger. merger of Atlantic Energy, Inc. and Director, Office of Nuclear Reactor A Notice of Consideration of DP&L, as described herein, not be Regulation. Approval of Application Regarding completed by December 31, 1998, this [FR Doc. 97–33547 Filed 12–23–97; 8:45 am] Proposed Corporate Restructuring was Order shall become null and void, BILLING CODE 7590±01±P published in the Federal Register on provided, however, on application and December 8, 1997 (62 FR 64600), and an for good cause shown, such date is Environmental Assessment and Finding extended. NUCLEAR REGULATORY of No Significant Impact was published This Order is effective upon issuance. COMMISSION in the Federal Register on December 8, 1997 (62 FR 64602). IV Under 10 CFR 50.80, no license shall [Docket Nos. 50±272 and 50±311] By January 23, 1998, any person be transferred, directly or indirectly, adversely affected by this Order may file Atlantic City Electric Company through transfer of control of the a request for a hearing with respect to Delmarva Power and Light Company license, unless the Commission gives its issuance of the Order. Any person (Salem Nuclear Generating Station, consent in writing. Upon review of the requesting a hearing shall set forth with Units 1 and 2); Order Approving information submitted in the letter and particularity how that interest is Application Regarding Merger application of April 30, 1997, and adversely affected by this Order and Agreement Between Atlantic Energy, supplement dated November 7, 1997, shall address the criteria set forth in 10 Inc. (Parent of Atlantic City Electric the NRC staff has determined that the CFR 2.714(d). proposed merger of Atlantic Energy, Inc. Company) and Delmarva Power and If a hearing is to be held, the Light Company and DP&L will not affect the qualifications of ACE and DP&L as Commission will issue an order designating the time and place of such I holders of the licenses, and that the transfer of control of the licenses for hearing. Atlantic City Electric Company (ACE) Salem, to the extent effected by the The issue to be considered at any and Delmarva Power and Light proposed merger, is otherwise such hearing shall be whether this Company (DP&L) are co-holders of consistent with applicable provisions of Order should be sustained. Facility Operating Licenses Nos. DPR– law, regulations, and orders issued by Any request for a hearing must be 70 and DPR–75, along with Public the Commission, subject to the filed with the Secretary of the Service Electric and Gas Company conditions stated herein. These findings Commission, U.S. Nuclear Regulatory (PSE&G) and Philadelphia Electric are supported by a safety evaluation Commission, Washington, DC 20555– Company [also known as PECO Energy dated December 18, 1997. 0001, Attention: Rulemakings and Company], issued by the U.S. Nuclear Adjudications Staff, or may be delivered Regulatory Commission (NRC or III to the Commission’s Public Document Commission) pursuant to Part 50 of Accordingly, pursuant to Sections Room, The Gelman Building, 2120 L Title 10 of the Code of Federal 161b, 161i, 161o, and 184 of the Atomic Street, NW., Washington, D.C. by the Regulations (10 CFR Part 50), for Energy Act of 1954, as amended, 42 above date. Copies should be also sent operation of the Salem Nuclear USC §§ 2201(b), 2201(i), 2201(o), and to the Office of the General Counsel and Generating Station, Units 1 and 2 2234, and 10 CFR 50.80, It is hereby to the Director, Office of Nuclear (Salem). Under the licenses, PSE&G is ordered that the Commission approves Reactor Regulation, U.S. Nuclear authorized to possess, use, and operate the application regarding the proposed Regulatory Commission, Washington, the facilities, and ACE, DP&L, and merger of Atlantic Energy, Inc. and DC 20555–0001, and to John H. O’Neill, Philadelphia Electric Company are DP&L subject to the following Jr., Shaw, Pittman, Potts & Trowbridge, authorized to possess the facilities. conditions: (1) ACE shall provide the 2300 N Street, NW., Washington, DC, Salem is located in Salem County, New Director of the Office of Nuclear Reactor 20037, attorney for ACE and DP&L. Jersey. Regulation a copy of any application, at For further details with respect to this the time it is filed, to transfer (excluding II action, see the application filed by ACE grants of security interests or liens) from and DP&L under cover of a letter dated By application filed by ACE and ACE to its proposed parent or to any April 30, 1997, from John H. O’Neill, Jr., DP&L under cover of a letter dated April other affiliated company, facilities for of Shaw, Pittman, Potts & Trowbridge, 30, 1997, from John H. O’Neill, Jr., of the production, transmission, or as supplemented by a letter dated Shaw, Pittman, Potts & Trowbridge, distribution of electric energy having a November 7, 1997, and the safety attorney for ACE and DP&L, depreciated book value exceeding 10 evaluation dated December 18, 1997, supplemented by letter dated November percent (10%) of ACE’s consolidated net which are available for public 7, 1997, ACE and DP&L requested the utility plant, as recorded on ACE’s inspection at the Commission’s Public Commission’s approval, pursuant to 10 books of account; (2) DP&L shall Document Room, The Gelman Building, CFR 50.80, of the indirect transfer of the provide the Director of the Office of 2120 L Street, NW., Washington, DC, licenses, to the extent held by ACE and Nuclear Reactor Regulation a copy of and at the local public document room DP&L, that would result from the any application, at the time it is filed, located at the Salem Free Public Library, consummation of a merger agreement to transfer (excluding grants of security 112 West Broadway, Salem, NJ. between Atlantic Energy, Inc. (parent of interests or liens) from DP&L to its ACE), and DP&L. Under the merger proposed parent or to any other Dated at Rockville, Maryland, this 18th day of December 1997. agreement, Atlantic Energy, Inc. and affiliated company, facilities for the DP&L would form a new holding production, transmission, or For the Nuclear Regulatory Commission. company, Conectiv, Inc., under which distribution of electric energy having a Samuel J. Collins, ACE and DP&L would become wholly depreciated book value exceeding 10 Director Office of Nuclear Reactor Regulation. owned subsidiaries. No direct transfer of percent (10%) of DP&L’s consolidated [FR Doc. 97–33548 Filed 12–23–97; 8:45 am] the licenses would occur. PSE&G and net utility plant, as recorded on DP&L’s BILLING CODE 7590±01±P 67416 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

NUCLEAR REGULATORY For the Atomic Safety and Licensing ACRS staff engineer, Mr. Amarjit Singh COMMISSION Board. (telephone 301/415–6899) between 7:30 Charles Bechhoefer, a.m. and 4:15 p.m. (EST). Persons [Docket No. 030±31373±CivP; ASLBP No. 0Chairman Administrative Judge. planning to attend this meeting are 98±735±01±CivP; EA 97±207] [FR Doc. 97–33551 Filed 12–23–97; 8:45 am] urged to contact the above named BILLING CODE 7590±01±P individual one or two working days Atomic Safety and Licensing Board; In prior to the meeting to be advised of any the Matter of Conam Inspection, Inc., potential changes to the agenda, etc., Itasca, Illinois (License No. 12±16559± NUCLEAR REGULATORY that may have occurred. 01), Order Imposing Civil Monetary COMMISSION Dated: December 17, 1997. Penalty; Notice of Hearing Advisory Committee on Reactor Gail H. Marcus, Acting Deputy Executive Director. December 18, 1997. Safeguards, Subcommittee Meeting on Fire Protection; Notice of Meeting [FR Doc. 97–33552 Filed 12–23–97; 8:45 am] Notice is hereby given that, by BILLING CODE 7590±01±P Memorandum and Order (Granting The ACRS Subcommittee on Fire Request for Hearing and Scheduling Protection will hold a meeting on Prehearing Conference), dated December January 22, 1998, Room T–2B3, 11545 NUCLEAR REGULATORY 17, 1997, the Atomic Safety and Rockville Pike, Rockville, Maryland. COMMISSION Licensing Board has granted the request The meeting will be open to public Advisory Committee on Reactor of Conam Inspection, Inc. (Conam or attendance. Safeguards Subcommittee Meeting on Licensee), for a hearing in the above- The agenda for the subject meeting shall be as follows: Human Factors; Revised titled proceeding. The hearing concerns Thursday, January 22, 1998–8:30 a.m. The meeting of the ACRS the Order Imposing a Civil Monetary until the conclusion of business. Penalty in the amount of $16,000, The Subcommittee will review the Subcommittee on Human Factors issued by the NRC Staff on November 5, staff’s schedule and status for the scheduled to be held on January 20, 1997 (published at 62 FR 60923 development of the proposed Fire 1998, Room T–2B3, 11545 Rockville (November 13, 1997)). The parties to the Protection Rule. The purpose of this Pike, Rockville, Maryland has been proceeding are Conam and the NRC meeting is to gather information, rescheduled for Wednesday, January 21, Staff. The issues to be considered at the analyze relevant issues and facts, and 1998, 8:30 a.m. until 5:00 p.m. Notice of hearing are (a) whether the Licensee was formulate proposed positions and this meeting was previously published in violation of the Commission’s actions, as appropriate, for deliberation in the Federal Register on Tuesday, requirements as set forth in Violations by the full Committee. December 16, 1997. (62 FR 65824). All I.B and I.C of the Notice of Violation Oral statements may be presented by other items pertaining to this meeting remain the same as previously and Proposed Imposition of Civil members of the public with the concurrence of the Subcommittee published. Penalty (NOV), dated June 9, 1997; and For further information please contact Chairman; written statements will be (b) whether, on the basis of such the cognizant ACRS staff engineer, Mr. accepted and made available to the violations and the additional violations Noel F. Dudley (telephone 301/415– Committee. Electronic recordings will set forth in the NOV that the Licensee 6888) between 7:30 a.m. and 4:15 p.m. be permitted only during those portions admitted, the Order Imposing a Civil (EST). Monetary Penalty should be sustained. of the meeting that are open to the public, and questions may be asked only Dated: December 17, 1997. Materials concerning this proceeding by members of the Subcommittee, its Gail H. Marcus, are on file at the Commission’s Public consultants, and staff. Persons desiring Acting Deputy Executive Director. Document Room, 2120 L St. N.W., to make oral statements should notify [FR Doc. 97–33553 Filed 12–23–97; 8:45 am] Washington, D.C. 20555, and at the the cognizant ACRS staff engineer BILLING CODE 7590±01±P Commission’s Region III Office, 801 named below five days prior to the Warrenville Road, Lisle, Illinois 60532– meeting, if possible, so that appropriate 4351. arrangements can be made. NUCLEAR REGULATORY During the course of this proceeding, During the initial portion of the COMMISSION meeting, the Subcommittee, along with the Licensing Board, as necessary, will [Docket No. 40±08968] conduct one or more prehearing any of its consultants who may be conferences and evidentiary hearing present, may exchange preliminary Hydro Resources, Inc.; Issuance of the sessions. The time and place of these views regarding matters to be Safety Evaluation Report for the sessions will be announced in Licensing considered during the balance of the Crownpoint Uranium Solution Mining Board Orders. The first prehearing meeting. Project, Crownpoint, NM The Subcommittee will then hear conference is scheduled for January 14, presentations by and hold discussions AGENCY: Nuclear Regulatory 1998, and is to be conducted through a with representatives of the NRC staff, Commission. telephone conference call. Except for and other interested persons regarding SUMMARY: The U.S. Nuclear Regulatory conferences conducted by telephone this review. Commission (NRC) staff has issued its conference calls (which are in any event Further information regarding topics Safety Evaluation Report (SER), dated to be transcribed), members of the to be discussed, whether the meeting December 1997, for Hydro Resources, public are invited to attend any such has been canceled or rescheduled, the Inc.’s (HRI’s) proposed Crownpoint sessions. Chairman’s ruling on requests for the Uranium Solution Mining Project at Dated: December 18, 1997 at Rockville, opportunity to present oral statements Crownpoint, NM. The SER documents Maryland. and the time allotted therefor can be the NRC staff’s safety review of the obtained by contacting the cognizant project. The SER and the Crownpoint Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67417

Uranium Mining Project Final provide the bases for NRC’s decision to public concerning the Board’s value Environmental Impact Statement (FEIS), tissue a source material license to HRI statement, which follows. dated February 1997 (NUREG–1508), 30 days from issuance of the SER. The Board takes very seriously its role provide the basis for NRC’s decision to Dated at Rockville, Maryland, this 4th day as a major source of technical and issue a 10 CFR Part 40 source material of December 1997. scientific peer review of the nation’s license to HRI. The staff will issue a For the Nuclear Regulatory Commission. program to package, transport, and dispose of high-level radioactive waste license to HRI 30 days from issuance of Joseph J. Holonich, the SER. The license will authorize HRI and spent nuclear fuel. To that end, the Chief, Uranium Recovery Branch, Division to construct and operate in situ leach Board will: of Waste Management, Office of Nuclear • Ensure Board practices and (ISL) mining facilities at the Crownpoint Material Safety and Safeguards. procedures are conducted with integrity Project for a period of five years. In [FR Doc. 97–33549 Filed 12–23–97; 8:45 am] preparing the SER, the NRC staff and objectivity that are beyond BILLING CODE 2590±01±M reviewed HRI’s license application reproach. submittals and its Consolidated • Produce timely, complete, Operations Plan, Revision 2.0 (dated comprehensive, and thoughtful August 15, 1997), against the applicable NUCLEAR WASTE TECHNICAL scientific and techical analyses. • regulations in 10 CFR parts 19, 20, 40, REVIEW BOARD Communicate the Board’s findings and 71. The SER supports the NRC and recommendations at least twice a staff’s finding that issuing the license to Notice of Meeting year clearly, and in a timely manner that is most beneficial to the Congress, the HRI will be in accordance with the Board Meeting: January 20 (beginning Department of Energy, and the public. aforementioned regulations, and with at 1 p.m.) & 21, 1998—Amargosa Valley, • Ensure the Board’s findings and all applicable safety requirements of the Nevada: Department of Energy (DOE) recommendations are based on current Atomic Energy Act of 1954 (AEA), as program update, public input to the amended. and accurate information. Nuclear Waste Technical Review Board, • Ensure the Board conducts itself in FOR FURTHER INFORMATION CONTACT: the DOE thermal testing program, an open and accessible manner. Mr. Robert D. Carlson of the Uranium saturated zone hydrology, and the The Board will ask those present to Recovery Branch, Mail Stop TWFN 7– saturated zone expert elicitation project. answer three questions: J9, Division of Waste Management, Pursuant to its authority under 1. Does the Board conduct its Office of Nuclear Material Safety and section 5051 of Public Law 100–203, the meetings in an open, objective, and fair Safeguards, U.S. Nuclear Regulatory Nuclear Waste Policy Amendments Act manner? For example, are members of Commission, Washington, D.C. 20555. of 1987, the Nuclear Waste Technical the public treated with respect and Telephone (301) 415–8165; e-mail Review Board will hold its winter consideration when participating in the [email protected]. meeting on Tuesday and Wednesday, meetings? SUPPLEMENTARY INFORMATION: On April January 20–21, 1998, in Amargosa 2. Given the technical and often 25, 1998, HRI submitted an application Valley, Nevada. The meeting, which is detailed nature of the Board’s work, to NRC proposing to construct and open to the public, will be held at the does the Board explain its major points operate an ISL uranium mining facility Longstreet Inn and Casino, HCR 70, Box and positions in reports and letters so in McKinley County, near Church Rock, 559, Amargosa Valley, Nevada 89020; that they are understandable? For New Mexico. HRI later amended its Tel (702) 372–1777; Fax (702) 372–1280. example, is there a general application to include additional ISL The meeting will include an update understanding of the reasons for the operations in McKinley County, near an on the DOE’s nuclear waste Board’s recommendation to construct an area of land referred to as Unit 1, and management program and activities at east-west crossing of the potential Crownpoint, NM. Together, the three Yucca Mountain, Nevada, and sessions repository block at Yucca Mountain? sites comprise HRI’s Crownpoint on the DOE’s thermal testing program, 3. Most important, to what extent is Uranium Solution Mining Project. saturated zone flow and transport the Board a credible source of scientific The NRC staff’s environmental review modeling, and the saturated zone expert and technical advice to the Department of the Crownpoint Project is elicitation project. A session also will be of Energy and the Congress? In general, documented in the FEIS, pursuant to held concerning the board’s activities what is the basis for your opinion? CFR Part 51. The NRC staff concluded under the Government Performance and In responding to these questions, that HRI’s proposed Crownpoint Project Results Act (GPRA). A detailed agenda those present will be asked to keep in was environmentally acceptable, and will be available approximately two mind that the scope of the Board’s work that potential impacts of the proposed weeks prior to the meeting by fax or e- is defined specifically in federal law. project could be mitigated. These mail, or at the Board’s website, That law, P.L. 100–203, December 22, mitigative measures will be enumerated www.nwtrb.gov. 1987, mandates that the Board is to as conditions in HRI’s source materials In 1993, the Congress passed the evaluate the scientific and technical license. Additionally, the NRC staff Government Performance and Results work of the Department of Energy in its completed its safety evaluation of the Act, intending to improve confidence in commercial nuclear waste disposal Crownpoint Project and documented its government by holding agencies program, including waste packaging and review in the SER. Based on its review, accountable for activities that affect transportation activities. the NRC staff concluded that issuance of taxpayers lives. The law requires every Time has been set aside for oral a source material license, with certain federal agency to develop a strategic comments from the public on these conditions specified in the license, plan, including the critical component issues. Depending on the number of would not be inimical to the common of a statement addressing how the speakers, time limits may have to be defense and security or to the public’s agency plans to conduct itself while imposed. Preprinted comment sheets health and safety, and otherwise meets carrying out its mission. During the will be available at the meeting for use the requirements of 10 CFR parts 19, 20, GPRA session at the winter meeting in in submitting written comments. 40, and 71, and the AEA. The NRC Amargosa Valley, Nevada, the Board Also, additional time has been set staff’s conclusions in the FEIS and SER would like to solicit comments from the aside on both days for the public to 67418 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices comment on the technical issues raised DATES: Comments should be submitted The PBGC is soliciting public during the meeting. Those wishing to by February 23, 1998. comments to— • speak are encouraged to sign the Public ADDRESSES: Comments may be mailed to Evaluate whether the proposed Comment Register at the check-in table. the Office of the General Counsel, suite collection of information is necessary A time limit may have to be set on the 340, Pension Benefit Guaranty for the proper performance of the length of individual remarks; however, Corporation, 1200 K Street, NW., functions of the agency, including written comments of any length may be Washington, DC 20005–4026, or whether the information will have submitted for the record. delivered to that address between 9 a.m. practical utility; • Transcripts of this meeting will be and 4 p.m. on business days. Written Evaluate the accuracy of the available via e-mail, on computer disk, comments will be available for public agency’s estimate of the burden of the or on a library-loan basis in paper inspection at the PBGC’s proposed collection of information, format from Davonya Barnes, Board Communications and Public Affairs including the validity of the staff, beginning February 18, 1998. For methodology and assumptions used; Department, suite 240 at the same • further information, contact Frank address, between 9 a.m. and 4 p.m. on Enhance the quality, utility, and Randall, External Affairs, 2300 business days. clarity of the information to be collected; and Clarendon Boulevard, Suite 1300, FOR FURTHER INFORMATION CONTACT: • Minimize the burden of the Arlington, Virginia 22201–3367; (Tel) Deborah C. Murphy, Attorney, office of 703–235–4473; (Fax) 703–235–4495; (E- collection of information on those who the General Counsel, Pension Benefit are to respond, including through the mail) [email protected]. Guaranty Corporation, 1200 K Street, The Nuclear Waste Technical Review use of appropriate automated, NW., Washington, DC 20005–4026, 202– electronic, mechanical, or other Board was created by Congress in the 326–4024. (For TTY and TDD, call 800– Nuclear Waste Policy Amendments Act technological collection techniques or 877–8339 and request connection to other forms of information technology, of 1987 to evaluate the technical and 202–326–4024). scientific validity of activities e.g., permitting electronic submission of SUPPLEMENTARY INFORMATION: Section responses. undertaken by the DOE in its program 4041A(f)(2) of the Employee Retirement to manage the disposal of the nation’s Income Security Act of 1974 (‘‘ERISA’’) Issued in Washington, DC, this 18th day of December, 1997. commercial spent nuclear fuel and gives the PBGC authority to prescribe defense high-level waste. In the same reporting requirements for terminated David M. Strauss, legislation, Congress directed the DOE multiemployer pension plans covered Executive Director, Pension Benefit Guaranty to characterize a site at Yucca Mountain, by Title IV of ERISA. Corporation. Nevada, for its suitability as a potential The PBGC’s regulation on Notice of [FR Doc. 97–33576 Filed 12–23–97; 8:45 am] location for a permanent repository for Termination for Multiemployer Plans BILLING CODE 7708±01±P the disposal of that waste. (29 CFR Part 4041A Subpart B) requires Dated: December 19, 1997. the filing of a notice of termination with the PBGC by a multiemployer plan that PENSION BENEFIT GUARANTY William Barnard, CORPORATION Executive Director, Nuclear Waste Technical has terminated either by plan Review Board. amendment or by mass withdrawal. The Proposed Submission of Information [FR Doc. 97–33569 Filed 12–23–97; 8:45 am] notice must contain certain basic Collection for OMB Review; Comment BILLING CODE 6820±AM±M information such as the plan’s identity, Request; Extension of Special the date of termination, and the plan’s Withdrawal Liability Rules most recent Form 5500. In addition, a plan that has terminated by mass AGENCY: Pension Benefit Guaranty PENSION BENEFIT GUARANTY withdrawal must supply certain Corporation. CORPORATION financial information to enable the ACTION: Notice of intention to request Proposed Submission of Information PBGC to assess the likelihood of benefit extension of OMB approval. Collection for OMB Review; Comment reductions or suspensions under the plan and the need for PBGC financial SUMMARY: The Pension Benefit Guaranty Request; Notice of Termination for Corporation (‘‘PBGC’’) intends to Multiemployer Plans assistance to the plan. More information is required with respect to mass request that the Office of Management AGENCY: Pension Benefit Guaranty withdrawal terminations because the and Budget (‘‘OMB’’) extend approval, Corporation. risk of plan insolvency is greater in under the Paperwork Reduction Act, of a collection of information in its ACTION: Notice of intention to request these cases. (The regulation may be regulation on Extension of Special extension of OMB approval. accessed on the PBGC’s home page at http://www.pbgc.gov.) Withdrawal Liability Rules (29 CFR Part SUMMARY: The Pension Benefit Guaranty The collection of information under 4203) (OMB control number 1212–0023; Corporation (‘‘PBGC’’) intends to the regulation has been approved by expires March 31, 1998). This notice request that the Office of Management OMB under control number 1212–0020 informs the public of the PBGC’s intent and Budget (‘‘OMB’’) extend approval, through March 31, 1998. The PBGC and solicits public comment on the under the Paperwork Reduction Act, of intends to request that OMB extend its collection of information. a collection of information in its approval for another three years. An DATES: Comments should be submitted regulation on Notice of Termination for agency may not conduct or sponsor, and by February 23, 1998. Multiemployer Plans (29 CFR Part a person is not required to respond to, ADDRESSES: Comments may be mailed to 4041A Subpart B) (OMB control number a collection of information unless it the Office of the General Counsel, suite 1212–0020; expires March 31, 1998). displays a currently valid OMB control 340, Pension Benefit Guaranty This notice informs the public of the number. The PBGC estimates that the Corporation, 1200 K Street, NW., PBGC’s intent and solicits public total annual hour burden of the Washington, DC 20005–4026, or comment on the collection of regulation is one hour and that the total delivered to that address between 9 a.m. information. annual cost burden is $34,125. and 4 p.m. on business days. Written Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67419 comments will be available for public • Enhance the quality, utility, and dealers that operate BDTSs and with inspection at the PBGC’s clarity of the information to be ensuring compliance with Rule 17a–23. Communications and Public Affairs collected; and The Commission staff estimates the • Department, suite 240 at the same Minimize the burden of the average number of hours necessary for address, between 9 a.m. and 4 p.m. on collection of information on those who each BDTS sponsor to comply with Rule business days. are to respond, including through the 17a–23 is 46 hours annually. The total FOR FURTHER INFORMATION CONTACT: use of appropriate automated, burden is 6,542 hours annually for the Deborah C. Murphy, Attorney, office of electronic, mechanical, or other broker-dealers operating BDTSs, based the General Counsel, Pension Benefit technological collection techniques or upon past submissions. The average cost Guaranty Corporation, 1200 K Street, other forms of information technology, per hour is approximately $7.00. NW., Washington, DC 20005–4026, 202– e.g., permitting electronic submission of Therefore, the total annual cost of 326–4024. (For TTY and TDD, call 800– responses. compliance for the 143 broker-dealers 877–8339 and request connection to Issued in Washington, DC, this 18th day of operating BDTSs is $46,046.00. 202–326–4024). December, 1997. The retention period for the SUPPLEMENTARY INFORMATION: Sections David M. Strauss, recordkeeping requirement under Rule 4203(f) and 4208(e)(3) of the Employee Executive Director, Pension Benefit Guaranty 17a–23 is three years following the date Retirement Income Security Act of 1974 Corporation. of a record or notice prepared pursuant (‘‘ERISA’’) provide for the PBGC’s [FR Doc. 97–33577 Filed 12–23–97; 8:45 am] to the rule. The recordkeeping issuance of regulations under which the BILLING CODE 7708±01±P requirement under Rule 17a–23 is PBGC may approve a multiemployer mandatory to assist the Commission pension plan’s adoption of special rules with monitoring broker-dealers that for determining whether a complete or operate BDTSs and with ensuring partial withdrawal from the plan has SECURITIES AND EXCHANGE compliance with the rule. Rule 17a–23 occurred. Section 4203(f) also sets COMMISSION does involve the collection of standards for the approval of such confidential information. Please note Submission for OMB Review; special rules. that an agency may not conduct or Comment Request The PBGC’s regulation on Extension sponsor, and a person is not required to of Special Withdrawal Liability Rules Upon Written Request, Copies Available respond to, a collection of information (29 CFR Part 4203) requires the plan From: Securities and Exchange unless it displays a currently valid sponsor of a plan that adopts special Commission, Office of Filings and control number. rules to submit information about the Information Services, Washington, DC General comments regarding the rules, the plan, and the industry in 20549 estimated burden hours should be which the plan operates with its request Extension: directed to the following persons: (i) for PBGC approval of the rules. The Rule 17a–23 SEC File No. 270–387, OMB Desk Officer for the Securities and PBGC uses that information in Control No. 3235–0442 Exchange Commission, Office of determining whether the plan’s special Notice is hereby given that pursuant Information and Regulatory Affairs, withdrawal liability rules meet the to the Paperwork Reduction Act of 1995 Office of Management and Budget, requirements of ERISA. (The regulation (44 U.S.C. 3501 et seq.), the Securities Room 3208, New Executive Office may be accessed on the PBGC’s home and Exchange Commission Building, Washington, D.C. 20503; and page at http://www.pbgc.gov.) (‘‘Commission’’) has submitted to the (ii) Michael E. Bartell, Associate The collection of information under Office of Management and Budget a Executive Director, Office of the regulation has been approved by request for extension of the previously Information Technology, Securities and OMB under control number 1212–0023 approved collection of information Exchange Commission, 450 Fifth Street, through March 31, 1998. The PBGC discussed below. N.W., Washington, D.C. 20549. intends to request that OMB extend its Comments must be submitted to OMB approval for another three years. An Rule 17a–23 and Form 17A–23 within 30 days of this notice. agency may not conduct or sponsor, and Recordkeeping and Reporting Dated: December 17, 1997. Requirements Relating to Broker-Dealer a person is not required to respond to, Margaret H. McFarland, a collection of information unless it Trading Systems Deputy Secretary. displays a currently valid OMB control Rule 17a–23 and Form 17A–23 under number. The PBGC estimates that the [FR Doc. 97–33585 Filed 12–23–97; 8:45 am] the Securities Exchange Act of 1935 BILLING CODE 8010±01±M total annual hour burden of the establish recordkeeping and reporting regulation is one hour and that the total requirements for approximately 143 annual cost burden is $2,400. registered broker-dealers that operate SECURITIES AND EXCHANGE The PBGC is soliciting public certain automated trading systems COMMISSION comments to— (‘‘Broker-Dealer Trading System’’ or • Evaluate whether the proposed ‘‘BDTS’’). Rule 17a–23 requires any Submission for OMB Review; collection of information is necessary registered broker-dealer that sponsors a Comment Request for the proper performance of the BDTS to maintain participant, volume, functions of the agency, including and transaction records. Rule 17a–23 Upon Written Request, Copies Available whether the information will have and Form 17A–23 also require system From: Securities and Exchange practical utility; sponsors to submit three reports to the Commission Office of Filings and • Evaluate the accuracy of the Commission and, under certain Information Services Washington, DC agency’s estimate of the burden of the circumstances, to an appropriate self- 20549 proposed collection of information, regulatory organization. These Extension: including the validity of the recordkeeping requirements assist the Rule 15c3–3, SEC File No. 270–87, OMB methodology and assumptions used; Commission with monitoring broker- Control No. 3235–0078 67420 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Notice is hereby given that pursuant must be submitted to OMB within 30 Interested persons may request a to the Paperwork Reduction Act of 1995 days of this notice. hearing by writing to the SEC’s (44 U.S.C. 3501 et seq.) the Securities Dated: December 15, 1997. Secretary and serving applicants with a and Exchange Commission Margaret H. McFarland, copy of the request, personally or by (‘‘Commission’’) has submitted to the mail. Hearing requests should be Deputy Secretary. Office of Management and Budget a received by the SEC by 5:30 p.m. on request for extension of the previously [FR Doc. 97–33586 Filed 12–23–97; 8:45 am] January 9, 1998, and should be approved collection of information BILLING CODE 8010±01±M accompanied by proof of service on discussed below. applicants in the form of an affidavit or, for lawyers, a certificate of service. Rule 15c3–3 Customer Protection— SECURITIES AND EXCHANGE Hearing requests should state the nature Reserves and Custody of Securities COMMISSION of the writer’s interest, the reason for the Rule 15c3–3 (‘‘Rule’’) requires [Investment Company Act Release No. request, and the issues contested. registered broker-dealers to maintain 22947; 812±10890] Persons who wish to be notified of a certain records in connection with their hearing may request notification by compliance with the Rule’s Merrill Lynch & Co., Inc., et al.; Notice writing to the SEC’s Secretary. of Application requirements that broker-dealers ADDRESSES: Secretary, SEC, 450 Fifth maintain possession and control of and December 19, 1997. Street, N.W., Washington, D.C. 20549. segregate customer funds and securities. AGENCY: Securities and Exchange Applicants: Merrill Lynch, World Commission staff estimates that the Commission (‘‘SEC’’). Financial Center, North Tower, 250 average number of hours necessary for ACTION: Notice of application for Vesey Street, New York, New York each broker-dealer to make the required exemption under section 6(c) of the 10281–1318; Mercury and MAM computations pursuant to the Rule is 2.5 Investment Company Act of 1940 (the International, 33 King William Street, hours per response. In order to ‘‘Act’’) from section 15(a) of the Act. London, England EC4R 9AS; MAM demonstrate compliance with the Rule, Channel Islands, Forum House, approximately 326 broker-dealers Summary of Application: Applicants Grenville Street, St. Helier, Jersey choose to make a weekly computation seek an order to permit the JE48RL, Channel Islands. and 127 broker-dealers choose to make implementation, without shareholder FOR FURTHER INFORMATION CONTACT: a monthly computation. Accordingly, approval, of new investment advisory or John K. Forst, Attorney Advisor, at (202) the total is approximately 48,290 hours sub-advisory agreements (‘‘New 942–0569, or Mary Kay Frech, Branch annually for all broker-dealers, based Agreements’’) between Mercury Asset Chief, at (202) 942–0564 (Office of upon past submissions. The average cost Management International Limited Investment Company Regulation, per hour is approximately $60. (‘‘MAM International’’) and Mercury Division of Investment Management). Consequently, the staff estimates that Asset Management International SUPPLEMENTARY INFORMATION: The the total cost of compliance with the Channel Islands Ltd. (‘‘MAM Channel following is a summary of the Rule for all broker-dealers is $2,897,400. Islands’’) (collectively, the ‘‘Advisers’’) application. The complete application The retention period for the and various registered investment may be obtained for a fee at the SEC’s recordkeeping requirement under the companies (each a ‘‘Fund’’ and Public Reference Branch, 450 Fifth Rule is three years following the date of collectively, the ‘‘Funds’’) in connection Street, N.W., Washington, D.C. 20549 a report prepared pursuant to the rule. with the acquisition of Mercury Asset (tel. 202–942–8090). The recordkeeping requirement under Management Group plc (‘‘Mercury’’) by the Rule is mandatory to assist the Merrill Lynch & Co., Inc. (‘‘Merrill Applicant’s Representations Commission with monitoring broker- Lynch’’). The order would cover a 1. Merrill Lynch, through its dealers and ensuring compliance with period of up to 150 days following the subsidiaries, provides investment, the Rule. The information collected later of the date on which the financing, insurance, and related under this Rule is kept confidential to assignment of the existing investment services on a global basis. Mercury, a the extent permitted by the Freedom of advisory contracts is deemed to have holding company whose shares are Information Act and any other occurred (i.e., the date Merrill Lynch is listed on the London Stock Exchange, applicable law. Please note that an deemed to control the issued share provides investment and related agency may not conduct or sponsor, and capital of Mercury (the ‘‘Assignment services through its subsidiaries on a a person is not required to respond to, Date’’)) or the date upon which the global basis. The Advisers are a collection of information unless it requested order is issued (but in no investment advisers registered under the displays a currently valid control event later than July 15, 1998) (the Investment Advisers Act of 1940. MAM number. ‘‘Interim Period’’). The order also would International provides discretionary Written comments regarding the permit the Advisers to receive all fees international investment portfolio above information should be directed to earned under the New Agreements management services to individual and the following persons: (i) Desk Officer during the Interim Period following institutional clients. MAM International for the Securities and Exchange shareholder approval. provides investment advice to its Commission, Office of Information and Applicants: Merrill Lynch, Mercury, wholly-owned subsidiary, MAM Regulatory Affairs, Office of and the Advisers. Channel Islands. MAM Channel Islands Management and Budget, Room 3208, Filing Dates: The application was acts as investment adviser and MAM New Executive Office Building, filed on December 10, 1997. Applicants International acts as sub-adviser for The Washington, D.C. 20503; and (ii) have agreed to file an amendment Europe Fund, Inc. and The United Michael E. Bartell, Associate Executive during the notice period, the substance Kingdom Fund Inc., each a management Director, Office of Information of which is included in this notice. investment company registered under Technology, Securities and Exchange Hearing or Notification of Hearing: An the Act. MAM International also acts as Commission, 450 Fifth Street, N.W., order granting the application will be investment sub-adviser to the Global Washington, D.C. 20549. Comments issued unless the SEC orders a hearing. Bond Series of Fortis Series Fund, Inc., Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67421 a management investment company promptly schedule a meeting of of the voting securities of Mercury as registered under the Act. shareholders to vote on the approval of early as mid-December. Applicants state 2. On November 19, 1997, the boards the New Agreements to be held within that they are concerned that if an of directors of Merrill Lynch and 150 days after the commencement of the assignment does exist, the Existing Mercury announced that they had Interim Period, but in no event later Agreements will terminate by their agreed on the terms of a recommended than July 15, 1998. terms. cash offer (the ‘‘Offer’’) under which 6. Applicants also request an 3. Rule 15a–4 provides, in pertinent Merrill Lynch, through its newly-formed exemption to permit the Advisers to part, that if an investment advisory wholly-owned subsidiary, ML Invest receive from each Fund all fees earned contract with a registered investment plc, would seek to acquire all of the under the New Agreements during the company is terminated by an issued share capital of Mercury (the Interim Period, if an to the extent the assignment, the adviser may continue to ‘‘Transaction’’). Applicants state that, New Agreements are approved by the serve for 120 days under a written upon completion of the Transaction, it shareholders of each Fund.1 Applicants contract that has not been approved by is intended that Mercury will be state that the fees to be paid during the the company’s shareholders, provided combined with the worldwide Interim Period will not be greater than that (as) the new contract is approved by institutional business of Merrill Lynch the fees currently paid by the Funds. the company’s board of directors Asset Management, L.P. and Fund Asset 7. Applicants propose to enter into (including a majority of the non- Management, L.P., which are both escrow arrangements with an interested directors); (b) the owned and controlled by Merrill Lynch, unaffiliated financial institution (the compensation to be paid under the new to form Merrill Lynch Mercury Asset ‘‘Escrow Agent’’). The advisory fees contract does not exceed the Management. Applicants expect that all payable by the Funds under the New compensation that would have been conditions to the Offer, including Agreements during the Interim Period paid under the contract most recently receipt of all necessary regulatory will be paid into an interest-bearing approved by the company’s approvals, will be fulfilled by or after escrow account. The Escrow Agent will shareholders; and (c) neither the adviser late December 1997. pay the amounts in the escrow account not any controlling person of the adviser 3. Applicants state that the (including interest) to the Advisers only ‘‘directly or indirectly receive money or Transaction could be deemed to result after the New Agreements are approved other benefit’’ in connection with the in an assignment of the existing by the shareholders of the relevant Fund assignment. Applicants state that advisory and sub-advisory contracts in accordance with section 15(a) of the because Merrill Lynch, Mercury and/or between the Funds and the Advisers Act. If shareholder approval is not the Advisers may be deemed to receive (the ‘‘Existing Agreements’’) and, thus, given, the Escrow Agent will return the a benefit in connection with the their automatic termination. Applicants moneys to the appropriate Fund. Before Transaction, there is a question as to request an exemption to permit any such release is made, the Boards applicants’ ability to rely on rule 15a– implementation, prior to obtaining will be notified. 4. However, applicants submit that shareholder approval, of the New granting the requested exemption would Agreements. The requested exemption Applicants’ Legal Analysis be within the spirit of rule 15a–4. will cover the Interim Period of not 1. Section 15(a) of the Act provides, 4. Section 6(c) provides that the SEC more than 150 days beginning on the in pertinent part, that it is unlawful for may exempt any person, security, or later of the Assignment Date or the date any person to serve as an investment transaction from any provision of the of the issuance of the requested order adviser to a registered investment Act, if and to the extent that such and continuing, in respect of each Fund, company, except pursuant to a written exemption is necessary or appropriate through the date on which each New contract that has been approved by the in the public interest and consistent Agreement is approved or disapproved vote of a majority of the outstanding with the protection of investors and the by the respective Fund’s shareholders, voting securities of the investment purposes fairly intended by the policy but in no event after July 15, 1998. company. Section 15(a) further requires and provisions of the Act. Applicants Applicants represent that, during the that the written contract provide for its believe that the requested relief meets Interim Period, the New Agreements automatic termination in the event of its this standard. will contain identical terms and ‘‘assignment.’’ Section 2(a)(4) of the Act 5. Applicants note that the terms and conditions as the Existing Agreements, defines the term ‘‘assignment’’ to the timing of the Transaction were except in each case for the names of the include any direct or indirect transfer of determined by Merrill Lynch and parties, effective dates, termination an investment advisory contract by the Mercury in response to a number of dates, and the escrow provisions. assignor or a controlling block of the factors beyond to scope of the Act and 4. On December 11, 1997, the board assignor’s outstanding voting securities substantially unrelated to the Funds or of directors of each Fund (the ‘‘Board’’) by a security holder of the assignor. the Advisers. Applicants state that it is met, in accordance with section 15(c) of 2. Applicants state that it is possible not possible for the Funds to obtain the Act, so that they could evaluate that Merrill Lynch may be deemed to shareholder approval of the New whether the terms of the New have obtained control of more than 25% Agreements prior to the Assignment Agreements, including the escrow Date. Applicants submit that the Boards provisions, are in the best interests of 1 Applicants state that if the Assignment Date have approved the New Agreements, the Funds and their shareholders. Each precedes issuance of the requested order, the and the shareholders of the Funds will of the Boards voted to approve the New advisers will continue to serve as investment be further protected by the Agreements in accordance with section advisers after the Assignment Date (and prior to the establishment of the escrow account issuance of the order) in a manner consistent with 15(c). their fiduciary duty to continue to provide advisory described in the application. 5. Applicants submit that it will not services to the Funds even though approval of the 6. Applicants submit that the be possible to obtain shareholder new arrangements has not yet been secured from Advisers will take all appropriate steps approval of New Agreements in the Funds’ shareholders. Applicants also state that to ensure that the scope and quality of the Funds may be required to pay, with respect to accordance with section 15(a) of the Act the period until receipt of the order, no more than advisory and other services provided to prior to the Assignment Date. the actual out-of-pocket cost to the Advisers for the Funds during the Interim Period Applicants state the each Fund will providing advisory services. will be at least equivalent to the scope 67422 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices and quality of services previously and quality of services previously Margaret H. McFarland, provided. During the Interim Period, the provided. In the event of any material Deputy Secretary. Advisers would operate under the New change in the personnel providing [FR Doc. 97–33525 Filed 12–23–97; 8:45 am] Agreements, which would have the services pursuant to the advisory BILLING CODE 8010±01±M same terms and conditions as the agreements, the Advisers will apprise respective Existing Agreements, except and consult with the Boards of the for the effective dates, termination dates affected Funds in order to assure that SECURITIES AND EXCHANGE and escrow provisions. Applicants the Boards, including a majority of the COMMISSION believe that the level of service provided Disinterested Directors, are satisfied that [Release No. 34±39449; File No. SR± by the Advisers will remain the same the services provided will not be MBSCC±97±08] under the New Agreements as under the diminished in scope or quality. existing ones. Self-Regulatory Organizations; MBS 7. Applicants believe that the best For the Commission, by the Division of Clearing Corporation; Notice of Filing interests of shareholders of the Funds Investment Management, pursuant to and Immediate Effectiveness of delegated authority. would be served by allowing for the Proposed Rule Change Relating to the implementation of the New Agreements Margaret H. McFarland, Electronic Pool Notification Service's during the Interim Period. Applicants Deputy Secretary. Fee Schedule state that allowing the implementation [FR Doc. 97–33595 Filed 12–23–97; 8:45 am] of the New Agreements will ensure that December 15, 1997. BILLING CODE 8010±01±M there will be no disruption to the Pursuant to Section 19(b)(1)1 of the investment program and the delivery of Securities Exchange Act of 1934 related services to the Funds because SECURITIES AND EXCHANGE (‘‘Act’’), notice is hereby given that on the personnel that provide such services COMMISSION October 22, 1997, the MBS Clearing to the Funds will remain substantially Corporation (‘‘MBSCC’’) filed with the the same as before the Transaction. Securities and Exchange Commission [Release No. 34±39402A; File No. SR± Applicants’ Conditions (‘‘Commission’’) the proposed rule Amex±97±46] change as described in Items I, II, and Applicants agree as conditions to the III below, which items have been issuance of the exemptive order Self-Regulatory Organizations; Notice of Filing and Order Granting Immediate prepared primarily by MBSCC. The requested by the application that: Commission is publishing this notice to Effectiveness of Proposed Rule 1. The New Agreements to be solicit comments from interested Change by American Stock Exchange, implemented following the persons on the proposed rule change. commencement of the Interim Period Incorporated Relating to the Listing of will have the same terms and conditions Commodity Indexed Preferred or Debt I. Self-Regulatory Organization’s as the respective Existing Agreements, Securities Statement of the Terms of Substance of except for the effective dates, the Proposed Rule Change December 17, 1997. termination dates, and escrow The text of the proposed rule change provisions. Notice of Corrections consists of modifications to the 2. Fees payable to the Advisers by the Electronic Pool Notification (‘‘EPN’’) Funds for the period covered by the On December 4, 1997 the Securities schedule of charges, which is attached order will be maintained during the and Exchange Commission (‘‘SEC’’ or as Exhibit A to the filing. Interim Period in an interest-bearing ‘‘Commission’’) issued a notice of filing escrow account, and will be paid (1) to and order granting immediate II. Self-Regulatory Organization’s the Advisers after the requisite approval effectiveness of proposed rule change by Statement of the Purpose of, and by shareholders is obtained, or (b) in the the American Stock Exchange, Statutory Basis for, the Proposed Rule absence of such approval, to the Incorporated (‘‘Amex’’) relating to the Change relevant Fund. listing of commodity indexed preferred In its filing with the Commission, 3. Each Fund will promptly schedule or debt securities 1 pursuant to section MBSCC included statements concerning a meeting of shareholders to vote on 19(b)(1) of the Securities Exchange Act the purpose of and basis for the approval of the New Agreements to be of 1934, as amended (‘‘Act’’),2 and proposed rule change and discussed any held within 150 days after the paragraph (e)(6) of Rule 19b–4 under the comments it received on the proposed commencement of the Interim Period, Act.3 The following sentence should be rule change. The text of these statements but in no event later than July 15, 1998. deleted from the first paragraph of may be examined at the places specified 4. Merrill Lynch and/or Mercury will Section A—Self-Regulatory in Item IV below. MBSCC has prepared pay the costs of preparing and filing the Organization’s Statement of the Purpose summaries, set forth in sections (A), (B), application and the costs relating to the of, and Statutory Basis for, the Proposed and (C) below, of the most significant solicitation of approval of the Funds’ Rule Change: ‘‘[T]he Exchange also will aspects of such statements.2 shareholders of the New Agreements. 5. The Advisers will take all require that the issuer have a minimum (A) Self-Regulatory Organization’s appropriate steps to ensure that the tangible net worth of $150 million.’’ Statement of the Purpose of, and scope and quality of advisory and other For the Commission, by the Division of Statutory Basis for, the Proposed Rule services provided to the Funds during Market Regulation, pursaunt to delegated Change authority.4 the Interim Period will be at least MBSCC currently assesses message equivalent, in the judgment of the processing fees as reflected in the EPN respective Boards, including a majority 1 Securities Exchange Act Release No. 34–39402 (December 4, 1997) 62 FR 65459 (December 12, Schedule of Charges. MBSCC assesses of the directors who are not ‘‘interested 1997). persons’’ of the Funds, as defined in 2 15 U.S.C. 78s(b)(1). 1 15 U.S.C. 78s(b)(1). section 2(a)(19) of the Act (the 3 17 CFR 240.19b–4(e)(6). 2 The Commission has modified the text of the ‘‘Disinterested Directors’’), to the scope 4 17 CFR 200.30–3(a)(12). summaries prepared by MBSCC. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67423

‘‘On Send’’ fees of $.25/million current thereunder because the proposal SECURITIES AND EXCHANGE face from 8:00 a.m. to 1:00 p.m. and constitutes a stated policy, practice, or COMMISSION $1.25/million current face from 3:00 interpretation with respect to the [Release No. 34±39458; File No. SR±NASD± p.m. to 5:00 p.m. MBSCC also assesses meaning, administration, or 97±87] a message processing ‘‘On Receive’’ fee enforcement of existing MBSCC rules. of $.50/million current face 8:00 a.m. to At any time within sixty days of the Self-Regulatory Organizations; Notice 1:00 p.m. MBSCC does not charge a filing of such rule change, the of Filing and Order Granting message processing On Receive fee from Commission may summarily abrogate Accelerated Approval of Proposed 3:00 p.m. to 5:00. such rule change if it appears to the Rule Change by the National On occasion, MBSCC may open the Commission that such action is Association of Securities Dealers, Inc. EPN service before 8:00 a.m. or close it necessary or appropriate in the public Relating to Extending the Pilot after 5:00 p.m. to accommodate the Injunctive Relief Rule processing needs of its participants.3 interest, for the protection of investors, When this happens, MBSCC does not or otherwise in furtherance of the December 17, 1997. charge higher fees for the additional purposes of the Act. Pursuant to Section 19(b)(1) of the usage. The proposed rule change IV. Solicitation of Comments Securities Exchange Act of 1934 codifies this practice by amending the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 EPN Schedule of Charges to reflect that Interested persons are invited to notice is hereby given that on December the ‘‘On Send’’ fee will be $.25/million submit written data, views, and 8, 1997, the National Association of from the opening of business to 1:00 arguments concerning the foregoing. Securities Dealers, Inc. (‘‘NASD’’ or p.m. and $1.25/million from 3:00 p.m. Persons making written submissions ‘‘Association’’) filed with the Securities to the close of business. The proposed should file six copies thereof with the and Exchange Commission rule change also amends fees to reflect Secretary, Securities and Exchange (‘‘Commission’’) the proposed rule that the EPN ‘‘On Receive’’ fee will be Commission, 450 Fifth Street, NW., change as described in Items I and II below, which Items have been prepared $.50/million from the opening of Washington, DC 20549. Copies of the by the self-regulatory organization. The business to 1:00 p.m. and no charges submission, all subsequent Commission is publishing this notice to from 3:00 p.m. to the close of business. amendments, all written statements As a result, MBSCC’s schedule of solicit comments on the proposed rule with respect to the proposed rule charges now reflects that message change from interested persons. change that are filed with the processing fees will not be altered when I. Self-Regulatory Organization’s the normal hours of operation for the Commission, and all written communications relating to the Statement of the Terms of Substance of EPN service are extended. MBSCC the Proposed Rule Change believes that the proposed rule change proposed rule change between the is consistent with the requirements of Commission and any person, other than NASD Regulatory is herewith filing a Section 17A of the Act 4 and the rules those that may be withheld from the proposed rule change to extend for six and regulations thereunder because it public in accordance with the months the pilot injunctive relief rule, will promote the prompt and accurate provisions of 5 U.S.C. 552, will be Rule 10335 (formerly Section 47) of the clearance and settlement of securities available for inspection and copying in Code of Arbitration Procedure (‘‘Code’’). transactions. the Commission’s Public Reference II. Self-Regulatory Organization’s Section, 450 Fifth Street, NW., (B) Self-Regulatory Organization’s Statement of the Purpose of, and Washington, DC 20549. Copies of such Statement on Burden on Competition Statutory Basis for, the Proposed Rule filing also will be available for Change MBSCC does not believe that the inspection and copying at the principal proposed rule change will impact or In its filing with the Commission, the office of MBSCC. All submissions self-regulatory organization included impose a burden on competition. should refer to File No. SR–MBSCC–97– statements concerning the purpose of (C) Self-Regulatory Organization’s 08 and should be submitted by January and basis for the proposed rule change Statement on Comments on the 14, 1998. and discussed any comments it received Proposed Rule Change Received From For the Commission by the Division of on the proposed rule change. The text Members, Participants or Others Market Regulation, pursuant to delegated of these statements may be examined at No written comments have been authority.7 the places specified in Item III below. solicited or received. MBSCC will notify Margaret H. McFarland, The self-regulatory organization has prepared summaries, set forth in the Commission of any written Deputy Secretary. comments received by MBSCC. Sections A, B, and C below, of the most [FR Doc. 97–33527 Filed 12–23–97; 8:45 am] significant aspects of such statements. III. Date of Effectiveness of the BILLING CODE 8010±01±M Proposed Rule Change and Timing for A. Self-Regulatory Organization’s Commission Action Statement of the Purpose of, and Statutory Basis for, the Proposed Rule The foregoing rule change has become Change effective pursuant to Section 19(b)(3)(A)(i) of the Act 5 and pursuant 1. Purpose to Rule 19b–4(e)(1)6 promulgated NASD Regulation’s injunctive relief rule, Rule 10335 of the Code, provides 3 Conversation between Richard Paley, Associate a procedure for obtaining injunctive Counsel, MBSCC, and Jeffrey Mooney, Attorney, Division of Market Regulation, Commission relief in arbitration and for expediting (November 6, 1997). proceedings for injunctive relief in 4 15 U.S.C. 78q–1. 5 15 U.S.C. 78s(b)(3)(A)(i). 1 15 U.S.C. 78s(b)(1). 6 17 CFR 240.19b–4(e)(1). 7 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 67424 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices intra-industry disputes. Rule 10335 took interpretations of the Rule in response the Commission’s Public Reference effect on January 3, 1996, for a one-year thereto. Room. Copies of such filing will also be pilot period. The initial pilot period was The NASD requests the Commission available for inspection and copying at subsequently extended on January 3, to find good cause, pursuant to Section the principal office of the NASD. All 1997 for another year in order to permit 19(b)(2) of the Act, for approving the submissions should refer to File No. NASD Regulation’s Office of Dispute proposed rule change prior to the SR–NASD–97–87 and should be Resolution to gain additional experience thirtieth day after publication in the submitted by January 14, 1998. with the rule before determining Federal Register. Rule 10335 expires by whether the rule should be made its terms on January 3, 1998. As IV. Commission’s Findings and Order permanent, the pilot period should be discussed above, NASD Regulation Granting Accelerated Approval of extended, or the rule should be believes that Rule 10335 represents a Proposed Rule Change permitted to terminate by its terms.3 significant improvement to the The Commission finds that the procedures for resolving intra-industry In September 1997, the NASD proposed rule change to extend the pilot published a Notice to Members (97–59) disputes, and that an extension will injunctive relief rule is consistent with requesting comment on the rule.4 At permit more careful consideration of the requirements of the Act and the that time, approximately 433 cases had modifications in response to comments. rules and regulations thereunder been filed in which injunctive relief was Accordingly, NASD Regulation believes applicable to a national securities sought pursuant to the rule. The average that it is in the interest of users of Rule 10335 for the procedures to remain in exchange, and particularly with Section number of days between filing and the 7 arbitrator’s initial injunctive relief order effect without interruption. 15A(b)(6) of the Act. Rule 10335 is intended to provide a pilot system was approximately 7.5 days. The 2. Statutory Basis majority of cases in which injunctive within the NASD arbitration forum to relief was sought involved associated NASD Regulation believes that the process requests for temporary persons leaving one firm for another. In proposed rule change is consistent with injunctive relief. The Rule is intended most but not all cases, the associated the provisions of Section 15A(b)(6) of principally to facilitate the disposition person’s former firm was the petitioner. the Act 6 in that extending the of employment disputes and related The Notice to Members sought comment effectiveness of the injunctive relief disputes concerning whether registered on how the injunctive relief and procedures will serve the public interest representatives who move to other firms expedited proceedings work and how by enhancing the satisfaction with the may transfer their accounts to their new they could be improved, and identified arbitration process afforded by firms. The Commission finds it is more than twenty specific questions expeditious resolution of certain appropriate to extend the pilot for six based on previous comments received disputes. months. During that time the NASD from users of the rule. The comment B. Self-Regulatory Organization’s Regulation will be able to evaluate the period closed on October 31, 1997. The Statement on Burden on Competition success of the Rule, to adequately NASD has received 19 comment letters review the comments received, and to The NASD does not believe that the in response to the Notice to Members.5 determine whether to extend the pilot proposed rule change will impose any On the basis of NASD Regulation’s further or make the Rule permanent. burden on competition. experience and the comments of the The Commission finds good cause for participants, NASD Regulation believes C. Self-Regulatory Organization’s approving the proposed rule change that the procedures set forth in Rule Statement on Comments on the prior to the thirtieth day after the date 10335 represent a significant Proposed Rule Change Received From of publication of notice of filing thereof improvement to the procedures for Members, Participants or Others in the Federal Register. The resolving intra-industry disputes. No written comments were either Commission believes that accelerated However, NASD Regulation also solicited or received. approval of the proposal is appropriate believes that additional time is because members will continue to have III. Solicitation of Comments necessary to adequately review the the benefit of injunctive relief in comments received about the rule and Interested persons are invited to arbitration without interruption. The to evaluate how the Rule could be submit written data, views and Rule was previously available through improved to meet the needs of the arguments concerning the foregoing. the pilot and the Commission is participants more effectively. Persons making written submissions extending the pilot for only six months. Accordingly, NASD Regulation is should file six copies thereof with the The Commission believes, therefore, proposing to extend the injunctive relief Secretary, Securities and Exchange that granting accelerated approval of the Rule as a pilot program for another six Commission, 450 Fifth Street, N.W., proposed rule change is consistent with months. During the next six months Washington, D.C. 20549. Copies of the Section 15A of the Act. NASD Regulation will review the submission, all subsequent comments received in response to amendments, all written statements It is therefore ordered, pursuant to 8 Notice to Members 97–59, as well as with respect to the proposed rule Section 19(b)(2) that the proposed rule comments from arbitrators and NASD change that are filed with the change (SR–NASD–97–87) is hereby employees who have had experience Commission, and all written approved on an accelerated basis for a with the application of the rule, and communications relating to the six-month pilot basis, through July 3, will develop modifications or proposed rule change between the 1998. Commission and any person, other than For the Commission, by the Division of 3 See Securities Exchange Act Release No. 38069 those that may be withheld from the Market Regulation, pursuant to delegated 9 (December 20, 1996), 61 FR 68806 (December 30, public in accordance with the authority. 1996). 4 provisions of 5 U.S.C. 552, will be A copy of Notice to Members 97–59 is attached 7 15 U.S.C. 78o–3(b)(6). as Exhibit 2 to the filing. available for inspection and copying at 5 The comment letters are attached as Exhibit 3 8 15 U.S.C. 78s(b)(2). to the filing. 6 15 U.S.C. 78o–3. 9 17 CFR 200.30–3(a)(12). Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67425

Margaret H. McFarland, December 12, 1997, the Phlx submitted between the Mexican peso (‘‘MXP’’) and Deputy Secretary. to the Commission Amendment No. 3 to the U.S. dollar (‘‘USD’’) in U.S. terms [FR Doc. 97–33526 Filed 12–23–97; 8:45 am] the proposal.7 No comment letters were (USD/MXP), or as an inverse contract BILLING CODE 8010±01±M received on the proposed rule change. (MXP/USD) (i.e., the trading currency is This order approves the Exchange’s Mexican pesos and the underlying proposal, as amended. currency is U.S. dollars). The contract SECURITIES AND EXCHANGE size for the customized contract in U.S. II. Description of the Proposal COMMISSION terms would be 250,000 MXP.10 The The Phlx proposes to amend its rules premium will be .00001 USD per unit or [Release No. 34±39460; International Series to accommodate the trading of Release No. 1109; File No. SR±Phlx±97±22] 2.50 USD for an option contract having customized foreign currency options on a unit of trading of 250,000 MXP. The Self-Regulatory Organizations; Order the Mexican peso. Currently, the Phlx contract size for the inverse would be Approving a Proposed Rule Change, offers listed FCOs on the British pound, 50,000 USD. The premium will be .0001 as Amended, and Notice of Filing and French franc, Swiss franc, Japanese yen, MXP per unit or 5.00 MXP for an option Order Granting Accelerated Approval Canadian dollar, Australian dollar, contract having a unit of trading of of Amendment Nos. 2 and 3 to the German mark and the European 50,000 USD. Proposed Rule Change by the Currency Unit. Since November 1994, No cross rate FCO on the peso will be Philadelphia Stock Exchange, Inc., the Exchange has offered the ability to offered at this time except for the Relating to the Trading of Customized trade customized contracts on all of the Mexican peso against the Canadian Foreign Currency Options on the above currencies in relation to the U.S. dollar (‘‘CAD’’). The contract size for the 8 Mexican Peso dollar or in relation to each other. In cross-rate (CAD/MXP) would be 250,000 1995, the Exchange listed for trading MXP. The premium will be .00001 CAD December 17, 1997. customized options on the Italian Lira per unit or 2.50 CAD for an option and the Spanish peseta.9 The Exchange I. Introduction contract having a unit of trading of is proposing to list and trade 250,000 MXP. The contract size for the On May 2, 1997, the Philadelphia customized options on the Mexican cross-rate (MXP/CAD) would be 50,000 Stock Exchange, Inc. (‘‘Phlx’’ or peso pursuant to Phlx Rule 1069. The CAD. The premium will be .0001 MXP ‘‘Exchange’’) pursuant to Section Exchange is requesting approval to trade per unit or 5.00 MXP for an option 19(b)(1) of the Securities Exchange Act the peso only against the U.S. dollar and contract having a unit of trading of of 1934 (‘‘Act’’) 1 and Rule 19b–4 the Canadian dollar. In making this 2 50,000 CAD. thereunder, filed with the Securities proposal, the Exchange states that it Consistent with Exchange Rule and Exchange Commission (‘‘SEC’’ or wants to capitalize upon Mexico’s 1069(j), no quote spread parameters will ‘‘Commission’’) a proposed rule change position near the forefront of the world’s apply to these contracts. The Exchange to amend its rules to accommodate the emerging markets, as well as the also proposes to amend Rules 1033 and trading of customized foreign currency increased activity in Mexican equities 3 1034 to explain how premiums will be options (‘‘FCOs’’) on the Mexican peso. and derivative securities based on quoted and what the minimum On May 21, 1997, the Phlx submitted to Mexican markets. fractional change will be for USD/MXP. the Commission Amendment No. 1 to Because the peso would only trade as The Exchange proposes to apply 4 the proposal. Notice of the proposal a customized contract, there would be customer margin ‘‘add-on’’ percentage was published for comment and no continuously quoted series of peso of 17% for customized MXP contracts.11 appeared in the Federal Register on contracts. Phlx Rule 1069(a)(1) provides In no event will the Exchange reduce 5 May 30, 1997. On July 15, 1997, the that customized options contracts may the margin levels for customized FCOs Phlx submitted to the Commission be traded on any approved underlying involving the peso below the 17% level 6 Amendment No. 2 to the proposal. On foreign currency pursuant to Phlx Rule without the prior approval of the 1009. Therefore, the Exchange proposes Commission pursuant to Section 19(b) 1 15 U.S.C. 78s(b)(1). to amend Phlx Rule 1009 to add the of the Act. Whenever the customer 2 17 CFR 240.19b–4. Mexican peso to the list of approved 3 Customized FCOs provide investors with the margin levels for customized FCOs on underlying foreign currencies. Pursuant the peso are changed, the Exchange will ability, within specified limits, to trade FCOs with to Phlx Rule 1069(a)(1)(B), users would customized strike prices, cross-rate FCOs on any promptly notify the Exchange’s be able to trade customized contracts two approved currencies, and FCOs where the U.S. membership and the public. The dollar is the underlying currency. In addition, FCO Exchange represents that this margin participants may express quotes for customized Commission, dated July 11, 1997 (‘‘Amendment No. FCOs as a percentage of the underlying currency, 2’’). level covers at least 99% of all five day in addition to quoting in terms of the base currency 7 In Amendment No. 3, the Phlx proposes to price movements over the last three per unit of the underlying currency. See Securities increase the proposed customer margin for FCOs on years.12 Exchange Act Release No. 34925 (November 1, the Mexican Peso from 8% to 17%. Further, the As with customized FCOs currently 1994), 59 FR 55720 (November 8, 1995) (‘‘Release Phlx states that the margin level of 17% will remain No. 34–34925’’). in effect until the Phlx receives Commission being listed by the Phlx. The Options 4 In Amendment No. 1, the Phlx clarified the approval for the new customer margining system contract specifications for the U.S. dollar/Mexican which will be filed with the Commission after it is 10 Based on an exchange rate of 8.1070 Mexican Peso contract, the inverse contract (Mexican Peso/ approved by the Phlx Board of Directors. If peso/U.S. dollars on December 9, 1997, as U.S. dollar), and the Canadian dollar cross-rates, as approved by the Commission, margin for options on published in The Wall Street Journal, this would described more fully herein. See Letter from the Mexican peso would then be set at levels correspond to an opening position for a Mexican Nandita Yagnik, Phlx, to Margaret Blake, Office of established by the new margining system. See Letter peso FCO transaction (i.e., 100 contracts) valued at Market Supervision (‘‘OMS’’), Division of Market from Nandita Yagnik, Phlx, to John Ayanian, OMS, approximately $3,083,000. Regulation (‘‘Market Regulation’’), Commission, Market Regulation, Commission, dated December 11 For these purposes, ‘‘add-on’’ is the percentage dated May 21, 1997. 10, 1997. of the current market value of the currency a 5 See Securities Exchange Act Release No. 38667 8 See Securities Exchange Act Release No. 34925 Customized FCO that the holder of a ‘‘short’’ (May 22, 1997), 62 FR 29385. (November 1, 1994), 59 FR 55720 (November 8, position must pay in addition to the current market 6 In Amendment No. 2, the Phlx proposes to set 1994). value of each Customized FCO. The 17% add-on the position limit for the Mexican Peso at 100,000 9 See Securities Exchange Act Release No. 36255 applies to both initial and maintenance margin contracts. See Letter from Nandita Yagnik, Phlx, to (September 20, 1995), 60 FR 50229 (September 28, positions in Mexican peso options. Margaret Blake, OMS, Market Regulation, 1995). 12 See Amendment No. 3, supra note 7. 67426 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Clearing Corporation (‘‘OCC’’) will clear Third, the Commission believes it is Second, the proposal in Amendment and settle all trades in customized FCOs reasonable for the Phlx to set a position No. 3 to increase the margin level for involving the peso. Because quotes in limit of 100,000 contracts for options on customized FCOs (including customized these options will not be continuously the Mexican peso because the total U.S. cross-rates with the Canadian dollar) updated or otherwise priced by the dollar value position limit is similar to involving the Mexican peso serves an Phlx, OCC will generate a theoretical those approved for the Spanish peseta investor protection purpose by reducing price based on the prices and quotes of and the Italian lira. For example, the the risks that can arise from inadequate the customized FCOs and the closing total U.S. dollar value position limit for margin levels. Additionally, the value of the relevant underlying FCOs on the Italian lira when approved Commission notes that the changes set currency. OCC will use this price to was $3,096,000,000.19 Currently, the forth in Amendment No. 3 impose more market the customized FCO contracts total U.S. dollar value position limit for restrictive standards than those involving the peso daily and to calculate FCOs on the Mexican peso is contained in the original proposal margin requirements.13 approximately $3,083,000,000.20 which was published in the Federal Additionally, the Commission notes that III. Commission Finding and Register for the full 21-day comment the proposed position limit of 100,000 Conclusions period without any comments being contracts for customized FCOs received by the Commission. The Commission finds that the (including customized cross-rates with proposed rule change is consistent with the Canadian dollar) involving the Accordingly, the Commission believes the requirements of the Act and the Mexican peso imposes more restrictive that Amendment Nos. 2 and 3 are rules and regulations thereunder limits than Phlx Rule 1001 would consistent with Section 6(b)(5) of the applicable to a national securities otherwise provide.21 Act and that good cause exists to exchange, and, in particular, the Fourth, the Exchange has proposed approve these amendments on an requirements of Section 6(b)(5) of the adequate customer margin requirements accelerated basis. Act.14 First, the Commission believes for customized FCOs on the Mexican Interested persons are invited to that the trading of listed customized peso. The proposed add-on margin (i.e., submit written data, views and FCOs on the peso should provide 17%) provides sufficient coverage to arguments concerning Amendment Nos. investors with a hedging and risk account for historical and potential 2 and 3. Persons making written transfer vehicle that will reflect the volatility in the peso in relation to the submissions should file six copies overall movement of the peso in relation U.S. dollar. Moreover, customized cross- thereof with the Secretary, Securities to the U.S. dollar and the Canadian rates involving the peso and the and Exchange Commission, 450 Fifth dollar. In this regard, customized FCOs Canadian dollar will be margined at the Street, N.W., Washington, D.C. 20549. on the peso should provide investors 17% margin add-on level. As a result, Copies of the submission, all subsequent with an efficient and effective means of the Commission believes that the amendments, all written statements managing risk associated with the proposed customer margin levels will with respect to the proposed rule 15 peso. result in adequate coverage of contract change that are filed with the Second, customized FCOs on the peso obligations and are designed to reduce Commission, and all written will trade within the Exchange’s risks arising from inadequate margin communications relating to the existing framework for customized levels for customized FCOs involving proposed rule change between the FCOs, unless otherwise amended the Mexican peso. Commission and any person, other than herein, which the Commission has The Commission finds good cause for those that may be withheld from the previously found to adequately address approving Amendment Nos. 2 and 3 to public in accordance with the the Commission’s regulatory concerns.16 the proposed rule change prior to the provisions of 5 U.S.C. 552, will be Specifically, this framework includes, thirtieth day after the date of available for inspection and copying at among other things, rules pertaining to: publication of notice of filing thereof in the Commission’s Public Reference obligations of specialists and registered the Federal Register. As noted above, in Section, 450 Fifth Street, N.W., options traders (Rule 1014); position proposed Amendment No. 2, the Phlx Washington, D.C. 20549. Copies of such 17 limits (Rule 1001); exercise limits sets a position limit that, in total U.S. filing will also be available for (Rule 1002); bids and offers (Rule 1033); dollar value terms, is similar to position inspection and copying at the principal minimum fractional changes (Rule limits approved for options on the office of the Phlx. All submissions 1034); and trading rotations, halts, and Spanish peseta and the Italian lira. In should refer to SR–Phlx–97–22 and 18 suspensions (Rule 1047). addition, the Phlx’s proposal to set should be submitted by January 14, similar position limits for options on the 1998. 13 Telephone conversation between Nandita Spanish peseta and the Italian lira was Yagnik, Phlx, and John Ayanian, OMS, Market published in the Federal Register for It is therefore ordered, pursuant to Regulation, Commission, on December 17, 1997. the full 21-day comment period without Section 19(b)(2) of the Act,22 that the 14 15 U.S.C. 78f(b)(5). any comments being received by the proposed rule change (File No. SR– 15 In approving this rule, the Commission notes Phlx–97–22) is approved, as amended. that it has considered the proposed rule’s impact on Commission. For the Commission, by the Division of efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 19 Based on an exchange rate of 1,1615 Italian Market Regulation, pursuant to delegated 16 See Release No. 34–34925, supra note 3. lira/U.S. dollar on August 23, 1995, as published in authority.23 17 Phlx Rule 1001 generally provides for position The Wall Street Journal. Based on an exchange rate Margaret H. McFarland, limits of 200,000 contracts on the same side of the of 1,753 Italian lira/U.S. dollar on December 9, market relating to the same foreign currency, unless 1997, as published in The Wall Street Journal, the Deputy Secretary. otherwise noted in the text of the rule. In total U.S. dollar value position limit was [FR Doc. 97–33587 Filed 12–23–97; 8:45 am] Amendment No. 2, the Phlx proposed lower approximately $2,852,000,000. BILLING CODE 8010±01±M position limits of 100,000 contracts for options on 20 Based on an exchange rate of 8.1070 Mexican the Mexican peso. See Phlx Rule 1001, commentary peso/U.S. dollar on December 9, 1997, as published .05(b). in The Wall Street Journal. 22 15 U.S.C. 78s(b)(2). 18 Id. 21 See supra note 17. 23 17 CFR 200.30–3(a)(12). Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67427

SMALL BUSINESS ADMINISTRATION Reduction Act of 1995. The information DEPARTMENT OF STATE collections listed below have been [Public Notice No. 2669] Region IV, North Florida District, submitted to OMB for emergency Jacksonville, Florida; Advisory Council clearance. OMB approval has been Proposed Unidroit Convention and its Meeting; Public Meeting requested by December 29, 1997: Aircraft Protocol Meeting Notice The U.S. Small Business 1. 0960-NEW. The Social Security AGENCY: Department of State. Administration, North Florida District Administration (SSA) is piloting ACTION: Notice is hereby given of an Office, Jacksonville, Florida, Advisory disability redesign models, one of which Advisory Committee meeting to be held Council will hold a public meeting from is the Full Process Model (FPM). A key 12:00 p.m. to 2:00 p.m., January 8, 1998, on Thursday, February 26 starting at element of the FPM is the predecision 9:00 a.m. in the Civil Aeromedical at the Latin-American Club, 5110 interview (PDI) which gives claimants Lourcey Road, Jacksonville, Florida, to Institute auditorium, Room 254, located about to be denied disability benefits at 6500 S. MacArthur Blvd, Oklahoma discuss such matters as may be the opportunity to speak directly with presented by members, staff of the U.S. City, Oklahoma. The meeting will end at the decision maker and/or submit or before 1:00 p.m. on February 26. Small Business Administration, or additional medical evidence before a others present. There may be an afternoon session from For further information, write or call final decision is made. In the first 8 2:00 p.m. to 5:00 p.m. for further Claudia D. Taylor, U.S. Small Business months of the pilot, SSA has found that discussion. Administration, 7825 Baymeadows only about half the applicants respond to the letter. SSA is concerned that Attendence: The meeting is open to Way, Suite 100–B, Jacksonville, Florida the public, free of charge, and is limited 32256–7504, telephone (904) 443–1933. applicants may not understand the letter, so it is proposing to conduct a to available seating. It may be of interest Debra Silimeo, to persons associated with the selling, Deputy Associate Administrator, Office of survey to determine the reasons individuals are not responding. The leasing, and financing of aircraft and Communications & Public Communications. aircraft engines, including persons who respondents are a random sample of [FR Doc. 97–33497 Filed 12–23–97; 8:45 am] search title, give title opinions, submit title II and title XVI applicants who BILLING CODE 8025±01±P conveyances for recordation to the FAA have recently received a PDI letter. Aircraft Registry, or otherwise Number of respondents: 500. participate in aircraft financing. SMALL BUSINESS ADMINISTRATION Frequency of Response: 1. Nature: The meeting is intended only to provide information. No formal Boston, Region IÐAdvisory Council; Average Burden Per Response: 5 Public Meeting record will be made. No written minutes. comments will be accepted from the The U.S. Small Business Estimated Annual Burden: 42 hours. audience. Administration Region I Advisory To receive a copy of the form or Agenda: Council, located in the geographical clearance packages, call the SSA (1) Introductory remarks. (2) Purpose of UNIDROIT Convention. area of Boston, will hold a public Reports Clearance Officer on (410) 965– meeting at 10:00a.m. on Thursday, (3) Status of actions taken (UNIDROIT 4125 or write to him at the address Convention and Aircraft Protocol). January 15, 1998, at the Boston District listed below. Written comments and Office, Room 265, to discuss such (4) Summary of UNIDROIT recommendations regarding the matters as may be presented by Convention with emphasis on information collection(s) should be members and staff of the U.S. Small registration of international interests. directed to the OMB Desk Officer and Business Administration, or others (5) Summary of Aircraft Protocol. present. SSA Reports Clearance Officer at the (6) Relationship of UNIDROIT For further information, please write following addresses: Convention to existing laws and treaties. (7) Question and Answer Period. or call Ms. Mary E. McAlency, District (OMB) Director, U.S. Small Business Background: The United States Administration, 10 Causeway Street, Office of Management and Budget, Government, through the United States Room 265, Boston, Massachusetts, OIRA, Attn: Laura Oliven, New Department of State, has been 02222–1093, telephone (615) 565–5560. Executive Office Building, Room participating with other nations in Debra Silimeo, 10230, 725 17th St., NW, Washington, studying a proposed multilateral convention (UNIDROIT Convention) to Deputy Associate Administrator, Office of D.C. 20503 Communication & Public Liaison. protect international secured interests in (SSA) mobile equipment, including aircraft. [FR Doc. 97–33498 Filed 12–23–97; 8:45 am] A preliminary draft of the UNIDROIT BILLING CODE 8025±01±P Social Security Administration, Convention will be submitted to the DCFAM, Attn: Nicholas E. Tagliareni, UNIDROIT Governing Council in early 6401 Security Blvd, 1–A–21 1998. Thereafter, it is expected that the SOCIAL SECURITY ADMINISTRATION Operations Bldg., Baltimore, MD draft will be circulated to States to Agency Information Collection 21235 determine whether to proceed to Activities; Request for Emergency Dated: December 17, 1997. intergovernmental negotiations to conclude the Convention. Review by the Office of Management Nicholas E. Tagliareni, and Budget As proposed, the UNIDROIT Reports Clearance Officer, Social Security Convention would not take effect unless The Social Security Administration Administration. a protocol has been adopted for a publishes a list of information collection [FR Doc. 97–33432 Filed 12–23–97; 8:45 am] specific category of mobile objects. In packages that will require clearance by BILLING CODE 4190±29±P that regard, UNIDROIT’s Aircraft OMB in compliance with P.L. 104–13 Equipment Protocol Group has effective October 1, 1995, the Paperwork completed a preliminary draft protocol 67428 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices which would pertain to certain large The purpose of this notice is to improve pilots employed by Business Airfreight airframes and large helicopters, and jet the public’s awareness of, and (BAF) to replace navigation lightbulbs, and turbine engines. participation in, this aspect of FAA’s landing lightbulbs, taxi lightbulbs, The UNIDROIT Convention and regulatory activities. Neither publication missing or broken static wicks, and Aircraft Equipment Protocol together, of this notice nor the inclusion or missing or broken bonding straps on when and if adopted and enacted into omission of information in the summary BAF’s aircraft used in operations law by contracting states would provide is intended to affect the legal status of conducted under 14 CFR part 135. a comprehensive international system to any petition or its final disposition. Dispositions of Petitions protect leasing and financing interests. DATES: Comments on petitions received Significant features might include must identify the petition docket Docket No.: 28357. default remedies, priorities, and number involved and must be received Petitioner: United Airlines, Inc. establishment of an international on or before January 16, 1997. Sections of the FAR Affected: 14 CFR registration system to register (record) ADDRESSES: Send comments on any 145.45(f). international consensual interests, non- petition in triplicate to: Federal Description of Relief Sought consensual interests, assignments, Aviation Administration, Office of the Disposition: To permit United Airlines, prospective assignments, and Chief Counsel, Attn: Rule Docket (AGC– Inc., to continue to make available to all subordinations. 200), Petition Docket No. ll, 800 of its supervisory and inspection It is anticipated that the international Independence Avenue, SW., personnel one copy of its repair station registration system would be primarily Washington, D.C. 20591. inspection procedures manual, rather an electronic notice system. As Comments may also be sent than providing a copy of the manual to proposed, the international registration electronically to the following internet each of these individuals. system is not intended to interfere with address: 9–NPRM–[email protected]. countries’ existing national registration The petition, any comments received, Grant, December 1, 1997, Exemption and recordation systems (e.g., Parts 47 and a copy of any final disposition are No. 6393A. and 49 of the Federal Aviation filed in the assigned regulatory docket Docket No.: 28835. Regulations). and are available for examination in the Petitioner: Southwest Airlines Co. FOR FURTHER INFORMATION CONTACT: Rules Docket (AGC–200), Room 915G, Joseph R. Standell, Aeronautical Center FAA Headquarters Building (FOB 10A), Sections of the FAR Affected: 14 CFR Counsel, Federal Aviation 800 Independence Avenue, SW., 43.3. Administration, P.O. Box 25082, Washington, D.C. 20591; telephone Description of Relief Sought Oklahoma City, OK 73125, telephone (202) 267–3132. Disposition: To permit ramp supervisors number (405) 954–3296; fax number FOR FURTHER INFORMATION CONTACT: employed by Southwest to take aircraft (405) 954–4676. Heather Thorson (202) 267–7470 or brake temperature readings on arrival of its aircraft. Dated: December 17, 1997. Angela Anderson (202) 267–9681 Office Harold S. Burman, of Rulemaking (ARM–1), Federal Denial, December 5, 1997, Exemption No. 6704. Executive Director, Secretary of State’s Aviation Administration, 800 Advisory Committee on Private International Independence Avenue, SW., Docket No.: 28776. Washington, DC 20591. Law, United States Department of State. Petitioner: Mr. Dwight E. Reber and This notice is published pursuant to [FR Doc. 97–33626 Filed 12–23–97; 8:45 am] Mrs. Cori P. Reber. paragraphs (c), (e), and (g) of § 11.27 of BILLING CODE 4701±08±M Part 11 of the Federal Aviation Sections of the FAR Affected: 14 CFR Regulations (14 CFR Part 11). 21.25(a)(2), 21.29(a), and 21.185(c). Description of Relief Sought DEPARTMENT OF TRANSPORTATION Issued in Washington, D.C., on December 19, 1997. Disposition: To permit Mr. And Mrs. Reber to be entitled to a restricted Federal Aviation Administration Donald P. Byrne, Assistant Chief Counsel for Regulations. category type certificate and [Summary Notice No. PE±97±63] airworthiness certificate for their Kamov Petitions for Exemption Ka–26 light twin-engine helicopter. Petition for Exemption; Summary of Docket No.: 29077. Denial, December 2, 1997, Exemption Petitions Received; Dispositions of Petitioner: Bombardier Inc. No. 6702. Petitions Issued Sections of the FAR Affected: 14 CFR Petition for Exemption AGENCY: Federal Aviation 25.1435(b)(1). Administration (FAA), DOT. Description of Relief Sought: In lieu of Docket No.: 29077. the requirements of 14 CFR ACTION: Notice of petitions for Petitioner: Bombardier Inc. 25.1435(b)(1) for a complete hydraulic exemptions received and of dispositions Regulations Affected: 25.1435(b)(1). of prior petitions. system proof pressure test on the airplane, Bombardier proposes to Description of Petition: In lieu of the requirements of 14 CFR 25.1435(b)(1) SUMMARY: Pursuant to FAA’s rulemaking conduct a proof pressure test at the for a complete hydraulic system proof provisions governing the application, system relief pressure, 3400 psig, and pressure test on the airplane, processing, and disposition of petitions component testing at 1.5 times operating Bombardier proposes to conduct a proof for exemption (14 CFR Part 11), this pressure (4500 psi) per § 25.1435(a)(2). pressure test at the system relief notice contains a summary of certain Docket No.: 29052. pressure, 3400 psig, and component petitions seeking relief from specified Petitioner: Business Airfreight. testing at 1.5 times operating pressure requirements of the Federal Aviation Sections of the FAR Affected: 14 CFR (4500 psi) per § 25.1435(a)(2). Regulations (14 CFR Chapter I), 43.3. dispositions of certain petitions Description of Relief Sought: To [FR Doc. 97–33621 Filed 12–24–97; 8:45 am] previously received, and corrections. permit appropriately trained certificated BILLING CODE 4910±13±M Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67429

DEPARTMENT OF TRANSPORTATION Director Signal Engineering, discontinuance and removal of the 4515 Kansas Avenue, hand-operated electric rail locks, on the Federal Railroad Administration Kansas City, Kansas 66106. single main track Ouachita River Bridge, The Burlington Northern and Santa Fe milepost 528.2, approximately 27 miles Application for Approval of Railway seeks approval of the proposed south of Monroe, Louisiana, on the Discontinuance or Modification of a modification of the traffic control Monroe Subdivision. Railroad Signal System or Relief from system, on the No. 2 Main Track, The reason given for the proposed the Requirements of Signal System between 30th Street and Bravo, milepost changes is to modernize the operation of Regulations 2.2 and milepost 5.6, near Kansas City, the Ouachita River Bridge. Kansas, Fort Scott Subdivision, Kansas Pursuant to Title 49 Code of Federal BS–AP–No. 3452 Regulations (CFR) Part 235 and 49 Division, consisting of the U.S.C. App. 26, the following railroads discontinuance and removal of Applicant: Union Pacific Railroad have petitioned the Federal Railroad automatic absolute signal 6RB, which is Company, Administration (FRA) seeking approval located on the elevator track and Mr. P. M. Abaray, for the discontinuance or modification controlled by the switch position of the Chief Engineer-Signals/Quality, of the signal system or relief from the Electric Lock 7. 1416 Dodge Street, Room 1000, requirements of 49 CFR Part 236 as The reason given for the proposed Omaha, Nebraska 68179–1000. detailed below. changes is to improve train operations The Union Pacific Railroad Company in the area, and that the switch is seeks approval of the proposed Block Signal Application (BS–AP)–No. electrically locked in CTC territory, and discontinuance and removal of the rail 3446 does not require a signal. locks and associated power-operated Applicant: SOO Line Railroad BS–AP–No. 3449 switch machines, on the single main Company, track Canal Bridge, milepost 6.2, near Mr. Roscoe VanPelt, Applicant: Union Pacific Railroad Port Allen, Louisiana, on the Avoyelles District Coordinator Signals & Company, Branch. Communications, Mr. P. M. Abaray, The reason given for the proposed Chief Engineer-Signals/Quality, Canadian Pacific Railway, changes is to modernize the operation of 1416 Dodge Street, Room 1000, the Canal Bridge. 105 South 5th Street, Box 530, Omaha, Nebraska 68179–1000. Minneapolis, Minnesota 55440 The Union Pacific Railroad Company BS–AP–No. 3453 The SOO Line Railroad Company seeks approval of the proposed seeks approval of the proposed Applicant: National Railroad Passenger discontinuance and removal of the rail Corporation, discontinuance and removal of the locks and associated power-operated automatic block signals, on the single Mr. R. C. VanderClute, switch machines, on the single main Vice President, Operations, main track, between milepost 12.27 and track Morley Bridge, milepost 95.0, near milepost 16.55, near St. Paul, 60 Massachusetts Avenue, N.E., Morley, Louisiana, on the Alexandria Washington, D.C. 20002. Minnesota, on the Paynesville Subdivision. Subdivision, consisting of the removal The reason given for the proposed The National Railroad Passenger of signals No. 2 and No. 3. changes is to modernize the operation of Corporation seeks approval of the The reason given for the proposed the Morley Bridge. proposed conversion of a portion of ‘‘R’’ changes is that the facilities are no Interlocking, at Sunnyside Yard, longer needed for present operations BS–AP–No. 3450 milepost E3.7, Queens Borough, New and to reduce maintenance. Applicant: Union Pacific Railroad York, on the Metropolitan Division of the Northeast Corridor, to a modern BS–AP–No. 3447 Company, Mr. P. M. Abaray, Yard Switching Center, with yard Applicant: Central Kansas Railway, Chief Engineer-Signals/Quality, switches and route indicators to L.L.C., 1416 Dodge Street, Room 1000, authorize non-passenger train Mr. L. R. Mitchell, Omaha, Nebraska 68179–1000. movements to and from the yard. The Superintendent, The Union Pacific Railroad Company proposed changes include reliable logic 1825 West Harry Street, seeks approval of the proposed to protect against conflicting routes, Wichita, Kansas 67213. discontinuance and removal of the rail yard switches locked for movements The Central Kansas Railway, L.L.C. locks and associated power-operated with non-vital logic, and route seeks approval of the proposed switch machines, on the single main indicators which will not permit discontinuance and removal of the track Melville Bridge, milepost 129.7, movements exceeding Restricted Speed. automatic block signal (ABS) system, on near Melville, Louisiana, on the The reasons given for the proposed the single main track, between Alexandria Subdivision. changes are that the original electro- Bridgeport, Kansas, milepost 491.2 and The reason given for the proposed pneumatic switches with mechanical Towner, Colorado, milepost 747.5. changes is to modernize the operation of locking bed at ‘‘R’’ Interlocking is 87 The reason given for the proposed the Melville Bridge. years old and in need of replacement, changes is that the present train traffic and maintenance of the interlocking in in the area does not warrant the need for BS–AP–No. 3451 a yard area, where no train movements the ABS system, and the signal pole line Applicant: Union Pacific Railroad carry revenue passengers, can no longer is in fragile condition and will not Company, be justified. survive the first ice storm of the season. Mr. P. M. Abaray, Any interested party desiring to Chief Engineer-Signals/Quality, protest the granting of an application BS–AP–No. 3448 1416 Dodge Street, Room 1000, shall set forth specifically the grounds Applicant: Burlington Northern and Omaha, Nebraska 68179–1000. upon which the protest is made, and Santa Fe Railway, The Union Pacific Railroad Company contain a concise statement of the Mr. William G. Peterson, seeks approval of the proposed interest of the protestant in the 67430 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices proceeding. The original and two copies SUPPLEMENTARY INFORMATION: applicable Federal motor vehicle safety of the protest shall be filed with the Background standards, is substantially similar to a Associate Administrator for Safety, motor vehicle manufactured for FRA, 400 Seventh Street, S.W., Mail Under 49 U.S.C. 30141(a)(1)(A), a importation into and/or sale in the Stop 25, Washington, D.C. 20590 within motor vehicle that was not originally United States, and certified under 49 45 calendar days of the date of manufactured to conform to all U.S.C. 30115, as specified in Annex A, publication of this notice. Additionally, applicable Federal motor vehicle safety and is capable of being readily altered one copy of the protest shall be standards shall be refused admission to conform to all applicable Federal furnished to the applicant at the address into the United States unless NHTSA motor vehicle safety standards. listed above. has decided that the motor vehicle is substantially similar to a motor vehicle Authority: 49 U.S.C. 30141(a)(1)(A) and FRA expects to be able to determine (b)(1); 49 CFR 593.8; delegations of authority these matters without an oral hearing. originally manufactured for importation at 49 CFR 1.50 and 501.8. into and sale in the United States, However, if a specific request for an oral Issued on: December 19, 1997. hearing is accompanied by a showing certified under 49 U.S.C. 30115, and of the same model year as the model of the Marilynne Jacobs, that the party is unable to adequately Director, Office of Vehicle Safety Compliance. present his or her position by written motor vehicle to be compared, and is statements, an application may be set capable of being readily altered to Annex A.—Nonconforming Motor for public hearing. conform to all applicable Federal motor Vehicles Decided To Be Eligible for vehicle safety standards. Importation Issued in Washington, D.C. on December Petitions for eligibility decisions may 10, 1997. be submitted by either manufacturers or 1. Docket No. 97–060 Grady C. Cothen, Jr., importers who have registered with Nonconforming Vehicles: 1991–1996 Deputy Associate Administrator, NHTSA pursuant to 49 CFR Part 592. As Lexus SC300 and SC400 for Safety Standards and specified in 49 CFR 593.7, NHTSA Substantially similar U.S.-certified Program Development. publishes notice in the Federal Register vehicles: 1991–1996 Lexus SC300 [FR Doc. 97–33554 Filed 12–23–97; 8:45 am] of each petition that it receives, and and SC400 Notice of Petition published at: 62 FR BILLING CODE 4910±06±P affords interested persons an opportunity to comment on the petition. 48709 (September 16, 1997) At the close of the comment period, Vehicle Eligibility Number: VSP–225 DEPARTMENT OF TRANSPORTATION NHTSA decides, on the basis of the 2. Docket No. 97–061 petition and any comments that it has Nonconforming Vehicles: 1979 Jeep National Highway Traffic Safety received, whether the vehicle is eligible CJ–7 Administration for importation. The agency then Substantially similar U.S.-certified publishes this decision in the Federal vehicles: 1979 Jeep CJ7 [Docket Nos. 97±060; Notice 2; 97±061; Notice of Petition published at: 62 FR Notice 2; 97±064; Notice 2; 97±065; Notice Register. 2; 97±068; Notice 2; 97±069; Notice 2; NHTSA received petitions from 48711 (September 16, 1997) NHTSA±97±3021] registered importers to decide whether Vehicle Eligibility Number: VSP–224 the vehicles listed in Annex A to this 3. Docket No. 97–064 Decision That Certain Nonconforming notice are eligible for importation into Nonconforming Vehicles: 1990–1993 Motor Vehicles Are Eligible for the United States. To afford an BMW K1 Motorcycles Importation opportunity for public comment, Substantially similar U.S.-certified NHTSA published notice of these vehicles: 1990–1993 BMW K1 AGENCY: National Highway Traffic Motorcycles Safety Administration (NHTSA), DOT. petitions as specified in Annex A. The reader is referred to those notices for a Notice of Petition published at: 62 FR ACTION: Notice of decision by NHTSA thorough description of the petitions. 51177 (September 30, 1997) that certain nonconforming motor No comments were received in response Vehicle Eligibility Number: VSP–228 vehicles are eligible for importation. to these notices. Based on its review of 4. Docket No. 97–065 the information submitted by the Nonconforming Vehicles: 1986—1997 SUMMARY: This notice announces Suzuki GSXR 1100 Motorcycles decisions by NHTSA that certain motor petitioners, NHTSA has decided to grant the petitions. Substantially similar U.S.-certified vehicles not originally manufactured to vehicles: 1986—1997 Suzuki GSXR comply with all applicable Federal Vehicle Eligibility Number for Subject 1100 Motorcycles motor vehicle safety standards are Vehicles Notice of Petition published at: 62 FR eligible for importation into the United The importer of a vehicle admissible 51178 (September 30, 1997) States because they are substantially Vehicle Eligibility Number: VSP–227 similar to vehicles originally under any final decision must indicate on the form HS–7 accompanying entry 5. Docket No. 97–068 manufactured for importation into and/ Nonconforming Vehicles: 1990–1991 or sale in the United States and certified the appropriate vehicle eligibility number indicating that the vehicle is Mercedes Benz 420 SE by their manufacturers as complying Substantially similar U.S.-certified with the safety standards, and they are eligible for entry. Vehicle eligibility numbers assigned to vehicles admissible vehicles: 1990–1991 Mercedes Benz capable of being readily altered to 420 SEL conform to the standards. under this decision are specified in Annex A. Notice of Petition published at: 62 FR DATES: These decisions are effective as 53047 (October 10, 1997) of the date of their publication in the Final Decision Vehicle Eligibility Number: VSP–230 Federal Register. Accordingly, on the basis of the 6. Docket No. 97–069 FOR FURTHER INFORMATION CONTACT: foregoing, NHTSA hereby decides that Nonconforming Vehicles: 1987–1995 George Entwistle, Office of Vehicle each motor vehicle listed in Annex A to BMW K75S Motorcycles Safety Compliance, NHTSA (202–366– this notice, which was not originally Substantially similar U.S.-certified 5306). manufactured to comply with all vehicles: 1987–1995 BMW K75S Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67431

Motorcycles electronic fund transfers from accounts to comply with the two-year home Notice of Petition published at: 62 FR maintained at financial institutions to residence requirement of 212(e) of the 53048 (October 10, 1997) collect monies for government agencies. Immigration and Nationality Act. Vehicle Eligibility Number: VSP–229 Current Actions: Extension of DATES: This amendment shall become 7. Docket No. NHTSA 3021 currently approved collection. effective upon publication in the Nonconforming Vehicles: 1994–1997 Type of Review: Regular. Federal Register. BMW R1100 Motorcycles Affected Public: Businesses or other ADDRESSES: Comments and requests for Substantially similar U.S.-certified for-profit. further information should be addressed vehicles: 1994–1997 BMW R1100 Estimated Number of Respondents: to: Patricia B. Gribben, Chief, Waiver Motorcycles 100,000. Review Branch, Exchange Visitor Notice of Petition published at: 62 FR Estimated Time Per Respondent: 15 Program Services, USIA, 301 Fourth 54896 (October 22, 1997) minutes. Street, SW, Suite 700, Washington, DC Vehicle Eligibility Number: VSP–231 Estimated Total Annual Burden 20547, telephone (202) 401–9800. [FR Doc. 97–33616 Filed 12–23–97; 8:45 am] Hours: 25,000. SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 4910±59±P Comments: Comments submitted in to the provisions of section 212(e) of the response to this notice will be Immigration and Nationality Act, as summarized and/or included in the amended (8 U.S.C. 1182(E), The DEPARTMENT OF THE TREASURY request for Office of Management and Secretary of State designated on April Budget approval. All comments will 25, 1972, a list of fields of specialized Fiscal Service become a matter of public record. knowledge or skill (referred to as the Comments are invited on: (a) whether Exchange Visitor Skills List) and those Financial Management Service; the collection of information is countries which clearly required the Proposed Collection of Information: necessary for the proper performance of services of persons engaged in one or Authorization Agreement for the functions of the agency, including more of such fields. Any alien who was Preauthorized Payment whether the information shall have a national or resident of one of those practical utility; (b) the accuracy of the countries and obtained an exchange AGENCY: Financial Management Service, agency’s estimate of the burden of the Fiscal Service, Treasury. visitor visa and/or became a participant collection of information; (c) ways to in an Exchange Visitor Program ACTION: Notice and request for enhance the quality, utility, and clarity involving a designated field of comments. of the information to be collected; (d) specialized knowledge or skill after the ways to minimize the burden of the SUMMARY: The Financial Management effective date of that notice was subject collection of information on Service, as part of its continuing effort to the two-year home country physical respondents, including through the use to reduce paperwork and respondent presence requirement of section 212(e) of automated collection techniques or burden, invites the general public and of the Immigration and Nationality Act other forms of information technology; other Federal agencies to take this and 22 CFR 41.65(b). and (e) estimates of capital or start-up opportunity to comment on a Pursuant to the provisions of costs and costs of operation, continuing information collection. By Reorganization Plan No. 2 of 1977, maintenance and purchase of services to this notice, the Financial Management section 217 of the United States provide information. Service solicits comments concerning Information Agency Authorization Act the form ‘‘Authorization Agreement for Dated: December 17, 1997. of August 24, 1982 (Pub. L. 97–241) and Preauthorized Payment.’’ Mitchell A. Devine, Executive Order Nos. 12048 (March 27, 1978) and 12388 (October 14, 1982) the DATES: Written comments should be Assistant Commissioner. Director, United States Information received on or before February 23, 1998. [FR Doc. 97–33505 Filed 12–23–97; 8:45 am] Agency, on June 12, 1984 further BILLING CODE 4810±35±M ADDRESSES: Direct all written comments amended the 1972 Exchange Visitor to Financial Management Service, 3361– Skills list, as revised in 1978, to increase L 75th Avenue, Landover, Maryland the designated fields of specialized 20785. UNITED STATES INFORMATION knowledge of skills. The 1984 FOR FURTHER INFORMATION CONTACT: AGENCY amendment gave notice of the addition Requests for additional information or Exchange Visitor Program; Skills List of China and the deletion of Cambodia, copies of the form(s) and instructions Iran and Viet-Nam from the skills list as should be directed to the Cash AGENCY: United States Information well as the indefinite suspension of Management Directorate, 401–14th Agency. Afghanistan. In September, 1986 an Street, S.W., Washington, D.C. 20227, ACTION: Amendment to delete the Czech amendment reflected the deletion of (202) 874–6540. Republic from the Exchange Visitor South Africa, addition of Iraq and SUPPLEMENTARY INFORMATION: Pursuant Skills List. Retroactive release from changes in Group 4 for the People’s to the Paperwork Reduction Act of 1995 Skills List obligation for all countries Republic of China. It also clarifies that (44 U.S.C. 3506(c)(2)(A)), the Financial without skills lists. the skills list for the People’s Republic Management Service solicits comments of China is not applicable to exchange on the collection of information SUMMARY: The Exchange Visitor Skills visitors from Taiwan. A February 1987 described below. List is amended by deleting the fields of amendment gave notice of the indefinite Title: Authorization Agreement for specialization for the Czech Republic at suspension of Libya and the addition of Preauthorized Payment. the request of the Government of the two fields to Group (1) of the skills list OMB Number: 1510–0059. Czech Republic. Also, in the case of all for the People’s Republic of China. Form Number: SF 5510. governments which have requested Amendments in March and April, 1987, Abstract: This form is used to collect removal from the skills list, their contained date corrections. An information from remitters (individuals citizens are retroactively no longer amendment in December, 1988 added and corporations) to authorize required, on the basis of the skills list, additional fields to the skills list for the 67432 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

People’s Republic of China and in July, ACTION: Seeking private sector partners, and other relationships designed to 1993 an amendment removed Spain joint ventures & corporate underwriting. further its mission while reducing the from the skills list. expenditure of taxpayer dollars. The SUMMARY: A comprehensive revised Skills List The Voice of America (VOA) Agency is authorized, pursuant to 22 is the United States Government’s was published in the Federal Register U.S.C. 1437, to encourage and utilize world-wide broadcasting service and a on January 16, 1997. This list became private agencies’ participation, major component of the U.S. effective March 17, 1997. including existing American press, Information Agency’s (USIA) This notice amends FR Vol. 62, Doc. publishing, radio, et. al., in carrying out International Broadcasting Bureau. VOA 97–677, January 16, 1997. its mission. Accordingly, the Exchange Visitor has an unparalleled worldwide news Skills List, is further amended by gathering service, with more than 25 Accordingly, the U.S. Information deleting the Czech Republic from said bureaus around the globe; it produces a Agency and its International list. It also provides retroactive release wide variety of programming in 52 Broadcasting Bureau are seeking private from the skills list obligation for citizens languages, including English, reaching sector partners for its various VOA of countries which are not listed on the about 86 million people around the programs and program services. Exchange Visitor Skills List. globe; it has a 55-year worldwide Agreements with more than one reputation for accuracy and excellence, organization could result from this Dated: December 18, 1997. making it far and away the best known announcement. Written expressions of Les Jin, and respected American source of news interest should be submitted to John G. General Counsel. and information in the world; millions Busch, Office of Contracts, 301 4th St., [FR Doc. 97–33499 Filed 12–23–97; 8:45 am] of people have learned English by SW., Room M–22, Washington, DC BILLING CODE 8230±01±M listening to the English teaching and 20547; telephone no. 202–205–5480; fax Special English programs of VOA; many no. 202–105–5466; or Internet: of its language services, such as the [email protected]. All UNITED STATES INFORMATION Spanish and Portuguese Services for correspondence will be considered. AGENCY Latin America (VOA Latin America), Dated: December 18, 1997. Voice of America Seeks Private Sector now work with a strong line-up of about 107 local affiliate stations. John G. Busch, Partners, Joint Ventures & Corporate Senior Contracting Officer, Office of Underwriting VOA is prepared to explore a variety of possible arrangements with the Contracts. AGENCY: United States Information private sector and accept proposals for [FR Doc. 97–33568 Filed 12–23–97; 8:45 am] Agency. joint ventures, corporate underwriting, BILLING CODE 8230±01±M federal register December 24,1997 Wednesday Commerce; Notice System fortheU.S.Departmentof Alternative PersonnelManagement Personnel DemonstrationProject; Management Office ofPersonnel Part II 67433 67434 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

OFFICE OF PERSONNEL Congress in 1996 (Pub. L. 104–113). authority and responsibility to MANAGEMENT Independent surveys have demonstrated supervisors and managers. Believing that a majority of NIST employees are that many supervisors do not properly Personnel Demonstration Project; satisfied with the demonstration project. and fairly execute supervisory Alternative Personnel Management The Federal Employees Pay responsibilities or utilize the power and System for the U.S. Department of Comparability Act of 1990 included tools provided under the current Commerce many of the interventions tested management system, these employees successfully at NIST. The DoC project is fear a new system that gives supervisors AGENCY: Office of Personnel designed to test whether the additional authority over their career Management. interventions of the NIST project can be and pay. Employees specifically ACTION: Notice of approval of a successful in DoC environments with questioned whether proper controls demonstration project final plan. different missions and different would be in place to prevent SUMMARY: Title VI of the Civil Service organizational hierarchies. Like the management abuse in the Reform Act, now codified in 5 U.S.C. NIST project, the DoC Demonstration administration of the performance 4703, authorizes the Office of Personnel Project involves simplified position appraisal and classification systems. Management (OPM) to conduct classification, pay for performance, and Comments focused on the potential for demonstration projects that experiment simplified recruiting and examining favoritism and unfair treatment of with new and different human resources processes. employees in the distribution of ratings and awards. Employees also questioned management concepts to determine 2. Overview whether changes in policies and whether pay pool managers would have A total of 67 oral and written the requisite knowledge to make fair procedures result in improved Federal comments were received in response to decisions about the work of all human resources management. This the first Federal Register Notice of May employees in the pay pool. demonstration project is designed to 2, 1997. These comments were a Response. The Department will replicate many of the features of the valuable source of input for the implement a number of measures to National Institute of Standards and Department of Commerce ensure management accountability. Technology (NIST) demonstration Demonstration Project. All comments These will include: (1) employee focus project created by Congress pursuant to have been considered, and changes to groups, (2) supervisory training, and (3) the National Bureau of Standards the project plan have been made where oversight. Authorization Act for Fiscal Year 1987 deemed appropriate. Changes to the Employee focus groups: Annual (Pub. L. 99–574). This project will cover plan involve supervisory pay, project evaluations will utilize units of four Department of Commerce performance-based reduction-in-force employee focus groups as an important (DoC) organizations: retention credit, and the extended source of data in measuring the degree (1) Technology Administration to which project interventions are —Office of the Under Secretary probationary period for employees in the Scientific and Engineering Career accomplishing desired objectives. —Office of Technology Policy Training: Supervisors and managers (2) Economics and Statistics Path. In addition to these changes, several sections of the plan have been will receive detailed training in the new Administration authorities they are to exercise. —Bureau of Economic Analysis clarified and expanded. Some editorial Classification training will emphasize (3) National Telecommunications and changes and corrections were also the underlying principles of project Information Administration made. classification and will instruct —Institute for Telecommunication 3. Summary of Comments supervisors on the application of these Sciences (4) National Oceanic and Atmospheric Nine speakers commented on the first principles to classification decisions. Administration Federal Register Notice at the five Training on the performance appraisal —Units of the Office of Oceanic and public hearings. A total of 58 letters system will cover performance Atmospheric Research were received, with one letter bearing planning, monitoring, feedback, and —Units of the National 20 signatures. A variety of issues and appraisal. In addition, supervisors will Environmental Satellite, Data, and concerns were raised; however, receive training on the automated Information Service recurring comments addressed five performance pay increase system and —Units of the National Marine major topics: will be required to conduct a simulation Fisheries Service (1) accountability, (2) reduction-in- of the performance evaluation and rewards system prior to the actual end- DATES: This demonstration project will force (RIF) retention credit, (3) impact of of-year performance appraisal. The be implemented on March 24, 1998. the project on equal employment opportunity (EEO)/Diversity, (4) pay training will also cover the pay pool FOR FURTHER INFORMATION CONTACT: (1) administration, and manager’s responsibilities for reviewing Department of Commerce: Darlene F. (5) performance appraisal. Other and reconciling ratings and ensuring Haywood, U.S. Department of issues raised include classification, equity and consistency in performance Commerce, 1400 Constitution Avenue, employee input, project evaluation, and plans and ratings. N.W., Room 5004, Washington, DC communication. The following Oversight: The authorities delegated 20230, 202–482–3620; (2) OPM: Judith summarizes the written and oral to supervisors under this demonstration B. White, U.S. Office of Personnel comments by topic and provides a project will be subject to three levels of Management, 1900 E Street, N.W., Room response to each. oversight. The Office of Personnel 7460, Washington, DC 20415, 202–606– Management will oversee the project 1526. (1) Accountability under the authority of 5 U.S.C. 4703. SUPPLEMENTARY INFORMATION: Comments. A majority (about two- The DoC Departmental Personnel thirds) of the comments from Management Board (DPMB) will manage 1. Background individuals and organized groups and oversee authority delegated to the The NIST Demonstration Project was expressed a high level of concern that Operating Personnel Management successful and was made permanent by the demonstration project gives more Boards (OPMBs) in participating Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67435 organizations, and OPMBs will monitor to more closely parallel agency Response. Organizations participating authorities delegated to supervisors, historical experience, the project plan in the demonstration project will be withdrawing them when warranted. has been revised to grant performance- required to maintain compensation (a) Classification: Under authority based RIF retention credit to employees costs at the levels they would have delegated by the OPMBs, servicing who rank in the top 20 percent of their reached under the current system. A human resources management staff will career path within a pay pool, rather decision to grant permanent salary monitor and review classification than the top 10 percent. increases for time credited toward decisions made by managers to ensure within-grade increases would result in (3) Impact of the Project on EEO and consistent and uniform application of immediate cost escalation prior to Diversity classification policies and guidelines. implementation that would distort base When classification actions are found to Comments. Several employees cost calculations. Such a decision be inconsistent with established expressed concern that the would be counter to Departmental cost policies, the servicing human resources demonstration project would not containment goals. Moreover, under the management specialist will attempt to support existing EEO and Diversity demonstration project, the salaries of resolve the inconsistency with the goals. Specific questions were raised good performers will soon overtake responsible supervisor. If agreement about the impact of the project on the salaries they would have reached with cannot be reached, the issue will be hiring of women and minorities and WIGIs through the following provisions referred to a Classification Review Panel whether these groups would receive an of the project plan: (CRP). The CRP is an ad hoc advisory equitable share of promotions, pay (1) Annual Performance Pay panel established by authority of the increases, and bonuses. Increases: The new pay system provides OPMB to review proposed classification Response. EEO and Diversity goals of an opportunity for a performance pay actions referred to it by the servicing the Department will not change under increase each year, regardless of an Human Resources Manager. the demonstration project. On an annual employee’s position in the band. This is (b) Performance Evaluation: OPMBs basis, the Department will continue to in contrast to the waiting periods of one will oversee the operating unit annual submit an annual report and update of to three years for a WIGI in the General performance appraisal process, from affirmative employment to the Equal Schedule (GS) system. The potential development of plans to individual pay Employment Opportunity Commission. size of a performance pay increase in increases and bonuses. OPMBs will also In addition, Diversity Plans and the new system is significantly higher establish operating unit guidelines on Diversity Councils now in place will than the size of a GS within-grade performance elements. continue to be required for increase. organizations participating in the (2) Removal of Grade Barriers: Broad (2) Reduction-in-Force (RIF) Retention demonstration project. Also, Senior banding removes the pay barriers Credit Executive Service managers will between the GS grades that are placed About half of all comments received continue to be rated on a Diversity in the same band. For example, because addressed two related concerns with critical element. The Project Evaluation grades GS–7 and GS–8 will be placed in respect to RIF retention credit: loss of Model will include criteria that will the same band in the Support Career current performance-based credit and track hiring, award, promotion, and Path, employees who previously the percentage of employees eligible for retention data in order to closely reached the top of the GS–7 grade will credit under the project. monitor the impact of the project on now have access to the GS–8 pay range. workforce diversity. A variety of data (3) Potential for Higher Pay Increases (a) Loss of current credit sources will be used. These include Upon Promotion: When an employee is Comments. Employees thought it records in servicing human resources promoted to a higher band, the unfair that conversion to the management offices (including records employee’s salary may be set at any demonstration project would result in of recruitment sources) and records of point in the range of the higher band as the loss of performance-based RIF credit EEO complaints. long as the new salary represents an acquired under the current system. increase of at least 6 percent. Response. The demonstration project (4) Pay Administration (4) Supervisory Performance Pay: will introduce a new ‘‘pay-for- Two major compensation issues were Through pay for performance, performance’’ personnel system, and it raised. Several employees objected to supervisors have salary potential 6 is intended that all employees enter the the manner in which they would be percent higher than the normal ceiling system on an equal basis, i.e, on a ‘‘level compensated for time credited toward of a band. their next within-grade increase. In playing field.’’ Allowing some (b) Supervisory Performance Pay employees to bring forward addition, some employees questioned performance-based RIF credit gained the appropriateness of the supervisory Comments. Several employees under the current system would give pay differential. questioned the appropriateness of the those employees an unfair advantage. immediate salary increase that (a) Within-Grade Increase (WIGI) Payout supervisors would receive under the (b) Percentage of Employees Eligible for Comments. Employees objected to the demonstration project. Some stated that Credit one-time lump sum payment for time supervisors would receive additional Comments. A number of employees credited toward the next within-grade compensation because they would objected to the provision that would increase on the grounds that it would convert to a higher pay band on the award performance-based credit for only result in a negative impact on their basis of their supervisory duties, and those employees who rank in the top ten salary and retirement contributions and therefore, an automatic pay increase percent of their career paths. earnings. In lieu of the lump sum, some would result in double compensation Response. The objective of this feature suggested that the WIGI payout be for supervision. Some asserted that this is to reward performance that is truly processed as a base pay increase. Others policy conflicts with the basic ‘‘pay-for- outstanding. Consequently, the group of felt that they should be given a choice performance’’ concept and suggested employees receiving this credit must, by between a one-time payment and a that any pay incentive awarded definition, be limited. However, in order permanent salary increase. supervisors should be given after the 67436 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices first performance appraisal cycle, if (b) Linking the Annual Comparability over into the demonstration project. earned through performance. Increase to Performance Some questioned the basis for grouping Response. The proposed project plan Comments. Several employees occupations into four career paths, and provided for an automatic pay expressed concern about the proposal to a few employees questioned the career differential for supervisors in the allow only those employees with a path decisions for their occupations. Scientific and Engineering (ZP) Career current annual performance rating of Others expressed dissatisfaction with Path only. The amount of this type of Eligible to receive the annual general what they consider the ‘‘arbitrary’’ differential was to be fixed at 3 percent comparability increase. They consider structure of the pay bands, believing or 6 percent, for first-level and second- the annual increase a cost-of-living that employees who convert to the top level (and higher) supervisors, increase, which should not be tied to of their bands will have minimal respectively. However, as a result of performance. opportunity for pay increases. comments received, this feature of the Response. The annual General Response. (1) Classification system has been eliminated. ZP Schedule (GS) pay adjustment is Standards: Under the demonstration supervisors will not be given an authorized under 5 U.S.C. 5303. It is project, OPM classification standards immediate salary increase upon based on the cost of labor, not the cost will not be used. They will be replaced conversion to the demonstration project. of living. GS pay adjustments are linked with more streamlined classification Supervisors in all career paths will be to changes in the Employment Cost standards that have been developed to eligible for salaries up to 6 percent Index (ECI), which measures the overall cover the work in the participating higher than the maximum rates of their rate of change in employers’ organizations. Each pay band in a career pay bands, and there will be no compensation costs in the private and path will have a narrative standard that differentiation in the amount of the public sector, excluding the Federal uses two factors: increase based on supervisory level. Government. The demonstration project (1) Duties and Responsibilities and (2) Any employee who meets the is based on the principle of pay for Knowledge, Skills, and Abilities (KSAs). demonstration project definition of performance; therefore, all pay At each successively higher band, the ‘‘supervisor’’ will be eligible for the 6 increases, including the annual standards describe a higher level of percent increase, which may be reached comparability increase, are tied to work and a higher level of KSAs through performance pay increases performance. required to successfully perform the granted through the regular performance work. These standards will simplify the appraisal process (see Section III(D)(4) (c) Use of All Critical Elements in classification process, make it more Supervisory Performance Pay). Performance Plans understandable to managers and employees, and reduce the time 1. (5) Performance Appraisal Comments. Some employees expressed concern about the required to make classification About half of all comments received requirement for all elements in a decisions. addressed the performance appraisal performance plan to be critical (2) Career Paths: The four career paths process. Issues raised focused on three elements. In their opinion, this will are intended to replace the GS method major areas: ranking versus teamwork, make it easier for supervisors to of grouping occupations. Under the linking the annual comparability withhold pay increases or bonuses, or current system, GS occupations are increase to performance, and the even initiate removal, when one placed in occupational groups according requirement for all performance element is rated Unsatisfactory. to general subject matter. Each group elements to be critical. Response. The requirement for all includes both two-grade and one-grade interval occupations, with each type (a) Impact of Ranking on Teamwork elements in a performance plan to be critical is not a departure from the receiving different treatment for Comments. Several employees current performance appraisal system. classification and other purposes. By commented that ranking employees by The demonstration project will not contrast, career paths group occupations performance score will pit employees require that noncritical elements used in that have parallel career patterns and against each other, create a competitive the current system be changed to critical can be similarly treated for staffing, work environment, and destroy elements under the project. The project classification, pay, and other personnel teamwork. simply eliminates noncritical elements. purposes. Response. Under the demonstration Also, while noncritical elements may (3) Pay Bands: Pay bands are designed project, employees will be rated against now be included in an employee’s to parallel the typical career patterns for the criteria in their performance plans performance plan, they have very little occupations in a career path. For and ranked accordingly. There will be weight. Under the current system, example, in the Scientific and no direct comparison of employees’ unacceptable performance in one Engineering (ZP) Career Path, performance. It is expected that more critical element results in a mandatory professional technical employees begin competitive salaries that are directly rating of Unacceptable. Likewise, under their careers as trainees (Band I), move tied to performance will improve both the demonstration project, unsuccessful through a developmental stage that individual and organizational performance on one element will result builds on professional knowledge performance. Furthermore, the in a rating of Unsatisfactory. gained through undergraduate work demonstration project performance (Band II), proceed to independent, full appraisal system is flexible enough to (6) Other Comments performance research or operational reward those aspects of work that Employees addressed a number of work (Band III), acquire program require cooperation and teamwork. For other issues including classification, responsibility (Band IV), and achieve example, in units requiring high levels employee input to the project, project broad recognition as an authority in the of cooperation and teamwork to evaluation, and communication. field (Band V). accomplish organizational goals, (4) Potential for Pay Increases: Within supervisors may include contributions (a) Classification each pay band, the maximum potential to the team’s accomplishments in Comments. One employee expressed for a performance pay increase is performance plans and rate employees concern that problems with the current highest for employees in interval one accordingly. GS classification standards would carry and lowest for employees in interval Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67437 three. This arrangement is intended to (d) Communication by the printing process. Specifically the slow salary increases as employees Comment. One employee commented table has been corrected to show no GS– move through a band, duplicating the that the level of communication to 15 positions in the GS–1340 effect of the longer waiting periods for employees about the project had been Meteorology Series and a total of 235 GS within-grade increases as GS inadequate. positions in this occupation. employees move through the steps of a Response. All employees were invited (4) Page 24262: Mountain grade. to attend general briefings on the Administrative Support Center (MASC) Comments. Some employees proposed demonstration project in has been deleted from Table 4, since questioned whether their occupations March, April, and early May of this MASC will not participate in the were assigned to the appropriate career year. At these briefings, employees demonstration project. paths. received handouts describing the key (5) Page 24263: The definitions of the Response. The four career paths used features of the project. The publication four career paths have been expanded in the Department of Commerce of the first Federal Register Notice was for clarification. (6) Page 24265: Paragraph B2(a) has Demonstration Project as well as announced in a general bulletin issued been revised to restrict direct placement of occupations in those paths to all employees during the week of May examination and the associated replicate the NIST system. Career path 5, 1997. In that announcement, requirement for Applicant Supply Files determinations for occupations not employees were informed that the to occupations for which there is covered by the NIST project are based Federal Register Notice was documented evidence that skills are in on the definitions of career paths. immediately available on the Office of short supply. However, after the first year of Personnel Management Internet Home (7) The requirement for all employees Page. Shortly thereafter, the publication operation, questions concerning changes in the Scientific and Engineering (ZP) of the Federal Register Notice was in career path may be considered. Career Path to serve a three-year announced on the Department of probationary period has been modified. (b) Employee Input Commerce Internet Home Page, and The three-year probationary period will numerous copies were distributed to all Comment. A few employees felt that be applicable to only those ZP servicing human resources offices for the project plan had not received any employees who are assigned to research dissemination to employees. An article input from employees and that this and development positions as identified on the demonstration project appeared could adversely impact relationships by the functional code assigned in in the May/June 1997 issue of the between management and employees. conjunction with the classification Department’s Commerce People Response. Numerous briefings were process. All other ZP employees will provided to employees and union magazine. In addition, a video which provides an overview of the project was serve a one-year probationary period. representatives prior to the public (For further explanation, see Section hearings. Employees were given an developed and made available to employees, and several follow-up III(B)(10) Probationary Period.) opportunity to provide oral comments at (8) Page 24266: The provisions for briefings were conducted. To ensure five public hearings held between June awarding performance-based RIF that employees are kept informed on the 9 and June 26, 1997. These hearings retention credit have been changed. An project, the Department will issue a were held in locations across the employee with an overall performance country that were accessible to most Demonstration Project Newsletter periodically. score in the top 20 percent (as opposed employees. In addition, the first Federal to the top 10 percent) of scores within Register Notice, published on May 2, 4. Demonstration Project System a career path in a pay pool will be 1997, informed employees that written Changes credited with 10 additional years of comments would be accepted through The following directs readers to the service for retention purposes. July 10, 1997. As a result of comments substantive changes and clarifications to (9) Page 24267: The demonstration received from employees during the the project plan. The page numbers project definition of ‘‘supervisor’’ has public comment period, several changes below refer to the pages of the proposed been clarified and expanded. Minimum have been made to the project plan. plan, published in the Federal Register criteria for classification of a position as (c) Project Evaluation on May 2, 1997. ‘‘supervisory’’ have been included. (1) Page 24256, 24258, and 24260: The (10) Page 24267: The section ‘‘Locality Comments. Several employees Office of the Chief Financial Officer/ Pay’’ has been clarified. Specifically, the commented on the design of the Project Assistant Secretary for Administration sentence dealing with special rates and Evaluation Model. Specifically, it was and the Office of the General Counsel locality rates has been rewritten to suggested that employee morale be have been deleted, as those indicate that for bands affected by measured since a direct link exists organizations will not participate in the special rates, the maximum rate will be between morale and organizational project. the higher of the special rate or the performance, that employee opinions be (2) Page 24259: Two laboratories of locality rate, rather than the special rate one of the data sources for evaluation of the Office of Oceanic and Atmospheric and the locality rate. the project, and that EEO complaints Research (OAR) that were inadvertently (11) Page 24267: The policy on and grievance patterns be incorporated listed have been deleted since they will supervisory pay has been revised. into the evaluations. not participate in the demonstration Supervisors in the Scientific and Response. The Project Evaluation project. These are the Geophysical Fluid Engineering (ZP) Career Path will not be Model will include employee surveys as Dynamics Laboratory, in Princeton, New eligible for immediate salary increases a source of data. The surveys will Jersey, and the Pacific Marine upon conversion to the demonstration include criteria to measure Environmental Laboratory, in Seattle, project. Supervisors in all career paths organizational climate and general Washington. In addition, all of the will be eligible for salaries up to 6 concerns. In addition, as part of the locations for each of the participating percent higher than the maximum rates evaluation process, data on EEO laboratories have been listed. of their pay bands, and there will be no complaints and grievances will be (3) Page 24262: Table 3 has been differentiation in the amount of the monitored. changed to correct an error introduced increase based on supervisory level. 67438 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Any employee who meets the participation and review by the Office of the Department provides a wide variety demonstration project definition of Personnel Management (OPM). The of programs, some of which are ‘‘supervisor’’ will be eligible for the demonstration project will pursue included in the proposed coverage of maximum increase of 6 percent, which several key objectives of the National the project. may be reached through performance Performance Review: to simplify the The current system has three major pay increases granted through the current classification system for greater impediments to a manager’s ability to regular performance appraisal process. flexibility in classifying work and effectively manage human resources and (12) Page 24268: In the section paying employees; to establish a shape the workforce: (1) Hiring entitled ‘‘Pay Setting Upon Movement performance management and rewards restrictions, (2) an overly complex job of an Employee to a Different Pay Area,’’ system for improving individual and classification system, and (3) poor tools the formula for determining the pay rate organizational performance; and to for rewarding and motivating in the new area was printed incorrectly improve recruiting and examining to employees. These impediments, and has been corrected. attract highly qualified candidates and embedded in a system that does not (13) Page 24274: The Project get new hires aboard faster. The assist managers in removing poor Evaluation Model has been revised to duration of the project will be 5 years, performers, build stagnation in the include the objective of ‘‘Support for except that the project may be extended workforce and waste valuable time. EEO and Diversity goals.’’ by OPM if further testing and evaluation C. Changes Required/Expected Benefits (14) Page 24276: In the ‘‘Project are warranted. Management’’ section, the role of the The proposed project will test The innovations of the project and DoC Acting Chief Financial Officer/ whether the interventions of the NIST their objectives are: Assistant Secretary for Administration project can be successful in other 1. Classification (now the Director of the National environments. Other reasons for testing Institute of Standards and Technology) the NIST interventions in the Career paths will replace occupational as chairman has been clarified to show Department are: (1) all of the diverse groups, broad bands will replace grades, that the role is specific to the operating units in the proposed and Departmental broad-band standards individual, who will serve as Chair of coverage are within the same will replace OPM classification the DPMB through the first cycle of the Department, the U.S. Department of standards. The classification system will project’s operation. After the first cycle, Commerce, which is also the parent be automated and classification chairmanship of the Board will be agency of NIST; (2) several of the authority will be delegated to line assumed by one of the members of the operating units in the proposed managers. These changes are intended to Board. coverage have served for eight years as simplify and speed up the classification Janice R. Lachance, comparison sites for the NIST project; process, make the process more Director. and (3) during the implementation and serviceable and understandable, operation of the NIST project, DoC and Table of Contents improve the effectiveness of NIST staff worked closely with the U.S. I. Executive Summary classification decision-making and Department of Agriculture’s National II. Introduction accountability, and facilitate pay for Finance Center, which provides A. Purpose performance. Broad bands provide B. Problems with the Present System personnel and payroll computing and larger classification targets that can be C. Changes Required/Expected Benefits database services to all of DoC, defined by shorter, simpler, and more D. Participating Organizations including NIST and the units proposed understandable classification standards. E. Participating Employees for the new project. F. Labor Participation This simpler system will be easier to G. Project Design/Methodology II. Introduction automate, will require fewer resources III. Personnel System Changes to operate, and will facilitate delegation A. Purpose A. Position Classification to line managers. B. Staffing The purpose of the proposed project By providing broader and more C. Reduction-in-Force is to strengthen the contribution of D. Pay Administration flexible pay ranges for setting entry pay, E. Performance Evaluation and Rewards human resources management in broad banding will provide hiring IV. Conversion or Movement from a Project helping to achieve the missions of officials with an important tool for Position to a General Schedule Position specific operating units of the attracting high-quality candidates and A. Grade-Setting Provisions Department of Commerce. The project thus contribute to the objective of B. Pay-Setting Provisions conducted by NIST successfully increasing the quality of new hires. V. Budget Discipline demonstrated that certain innovative By providing more flexible pay setting A. Reprogramming Costs changes could improve human based on performance, broad banding B. Base Cost Assessment C. Funding Pools for Performance Pay resources management in the NIST will give managers the ability to Increases and Bonuses environment. The proposed project will increase the pay of good performers to D. Budget Monitoring test whether these same innovations higher and more competitive levels, VI. Project Evaluation will produce similarly successful results thus improving the retention of good VII. Project Management in other DoC environments. performers. At the same time, the VIII. Training potential for higher pay increases for B. Problems With the Present System A. Manager and Supervisor Training good performance, supported by the B. Employee Training The Department of Commerce C. Support Staff Training broader pay ranges of broad banding, IX. Experimentation and Revision encourages, serves, and promotes the will contribute to the objective of X. Authorities and Waiver of Laws and Nation’s international trade, economic improving organizational and Regulations Required growth, and technological advancement. individual performance. Within this framework, and in the I. Executive Summary interest of promoting the national 2. Staffing This project was designed by the interest through the encouragement of Staffing methods will include two Department of Commerce with the competitive free enterprise system, that were implemented in the NIST Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67439

Demonstration Project and which are within-grade increases, quality step performance within peer groups and now available to all agencies through increases, and promotions from one grant performance pay increases examining authority delegated by OPM. grade to a higher grade when both according to the ranking. Highly ranked For the sake of simplification and to grades are now in the same band, will employees within a peer group receive parallel the NIST Demonstration Project, be used instead to grant performance- relatively high pay increases and lower they are retained with the same titles based pay increases within bands. The ranked employees receive relatively under the Department of Commerce amount of the basic pay and locality pay lower pay increases. Bonuses are Demonstration Project: Direct increases approved by Congress and the granted at the discretion of the Examination and Agency-Based President, however, will continue to be supervisor following the performance Staffing. In addition, there will be applied to pay schedules and to the appraisal process. placements under Merit Assignment salaries of employees with a The performance appraisal process is and various noncompetitive appointing performance rating of Eligible. Other intended to (1) promote good authorities. OPM registers will not be pay tools are supervisory performance performance; (2) encourage a continuing used, but positions in occupations pay, flexible pay setting for new hires, dialogue between supervisors and covered by the Luevano Consent Decree and more flexible pay setting upon employees on organizational objectives, (Administrative Careers with America promotion. supervisory expectations, employee or successor programs) will be filled Pay for performance promotes fairness performance, employee needs for using OPM guidance. Other through the peer ranking process and assistance and guidance, and employee supplemental staffing tools will include provides a motivational tool and a development; and (3) provide a basis for such elements as paid advertising, retention tool. As a motivational tool, performance-related decisions in flexible entry salaries, probation, local the promise of higher pay increases for employee development, pay, rewards, authority for recruiting and retention good performance encourages high assignment, promotion, and retention. payments, and more flexible pay achievement. As a retention tool, pay for The system will more effectively increases associated with promotion. performance allows the organization to communicate to employees how they These changes are intended to attract quickly move the salaries of good are performing in relation to their peers, high-quality candidates, speed up the performers to levels that are more the rewards of good performance, and recruiting and examining process, competitive in the labor market. the consequences of poor performance. increase the effectiveness of the Supervisory performance pay Performance-based pay increases give probationary review process, and provides an incentive for supervisors, an operating unit the ability to raise the increase the retention of good addressing the objective of improved pay of good performers more rapidly, performers. individual and organizational thus improving retention of good Agency-based staffing, supported by performance. Supervisory performance performers. The potential for higher pay paid advertising, will allow hiring pay also addresses the objective of increases for good performance will officials to focus on more relevant improving retention by raising the pay encourage achievement and promote the recruiting sources. Direct examination of high-performing supervisors to more objective of improved individual and will allow managers to hire individuals competitive levels. organizational performance. with shortage skills as they find them, Flexible pay setting for new hires is get them on board faster, and avoid the a recruiting tool that gives hiring 5. Performance Bonuses loss of good candidates who may grow officials greater flexibility to offer more In accordance with 5 CFR 451, at the impatient with a long hiring process, competitive salaries to high-quality end of the annual performance period, thus contributing to the objectives of candidates, addressing the objective of Rating Officials, with the approval of increased quality of new hires and improving the quality of new hires. The Pay Pool Managers, will have the better fit between position requirements greater flexibility in setting pay upon opportunity to reward employee and candidate skills. promotion gives managers another performance with bonuses up to The three-year probationary period retention tool to help retain top $10,000. Bonuses address two will help ensure that scientists and performers. objectives. First, rewarding achievement engineers who are retained beyond 4. Performance Appraisal will make high achievers more likely to probation are capable of carrying out the remain, thus improving retention of the full cycle of research and development The new system replaces the current best performers. Second, the potential (R&D) work, thus contributing to the five-level rating system with a two-level for bonuses for achievement will objectives of high-quality hires and a rating system, using Unsatisfactory and encourage improved individual high-performing workforce. (See Section Eligible labels. (Unsatisfactory is performance. III(B)(10) Probationary Period.) Local equivalent to Unacceptable, as used in authority for recruiting and retention Part 430 of Title 5, Code of Federal 6. More Efficient Systems payments will provide extra incentives Regulations.) The most important The Department will improve the for hiring and retaining individuals with feature of the proposed performance efficiency of human resource systems by shortage skills, thus contributing to the appraisal system is that it is based on streamlining procedures, reducing objectives of increasing the quality of the application of a weighted 100-point paperwork, and automating processes new hires, improving the fit between scoring system linked to pay for wherever possible. position requirements and individual performance. As in the current system, 7. Line Management Authority qualifications, and improving the each employee has an individual retention of good performers. performance plan composed of several Under the demonstration project, performance elements (all of which are greater authority and accountability will 3. Pay critical elements) that are measured be delegated to line managers. This The most important change in pay with the 100-point scoring system in delegation is intended to improve the administration is the introduction of conjunction with the application of effectiveness of human resources pay for performance, which will govern benchmark performance standards. management by strengthening the role individual pay progression within Based on the resulting total scores, of line managers as the human resources bands. Funds currently applied to supervisors rank employees by managers of their units. The project will 67440 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices be managed by the Departmental and balance of payments. The bureau severe storms, air resources, Personnel Management Board (DPMB). also develops surveys and other tools oceanography, and geophysical fluid Through the first cycle, the Board will for analyzing and forecasting economic dynamics. This diversity provides a rich be chaired by the Director of the developments. This coverage provides a new R&D environment for the testing of National Institute of Standards and test of the NIST system in an broad banding principles. OAR and ERL Technology. Following that, one of the environment that uses economists and headquarters are located in Silver Board members will assume the role of accountants as analysts, reporters, and Spring, Maryland. All ERL laboratories Chairman. Each major operating unit forecasters. BEA is located at 1441 L will be included in the project, except will have its own Operating Personnel Street, N.W., Washington, D.C. the Great Lakes Environmental Research Management Board (OPMB) to manage The economic analysis work of the Laboratory (Ann Arbor, MI), the and oversee local operations. (See the organization is reflected in the following Geophysical Fluid Dynamics Laboratory section on Project Management.) key occupations: Economist, (Princeton, NJ), and the Pacific Marine Accountant, Financial Administrator, D. Participating Organizations Environmental Laboratory (Seattle, Computer Specialist, Statistician, and WA). The project laboratories are: The Department of Commerce Statistical Assistant. Aeronomy Laboratory—Boulder, CO encourages, serves, and promotes the Atlantic Oceanographic and Nation’s international trade, economic Institute for Telecommunication Meteorology Laboratory—Miami, FL; growth, and technological advancement. Sciences (ITS), National Silver Spring, MD; San Diego, CA; Within this framework, and in the Telecommunications and Information Norfolk, VA; and Seattle, WA. interest of promoting the national Administration Air Resources Laboratory—Silver interest through the encouragement of ITS is a major component of the Spring, MD; Boulder, CO; Research the competitive free enterprise system, National Telecommunications and Triangle Park, NC; Oak Ridge, TN; Las the Department provides a wide variety Information Administration (NTIA). ITS Vegas, NV; and Idaho Falls, ID of programs, some of which are is the principal Federal Climate Diagnostic Center—Boulder, CO included in the proposed coverage. The telecommunications research and engineering laboratory. The Institute Climate Monitoring and Diagnostics following organizations will participate Laboratory—Boulder, CO; Hilo, HI; in the project: conducts telecommunications research in support of NTIA’s responsibilities in Barrow, AK; Pago Pago, American Technology Administration (TA) advising the President on Samoa; South Pole, Antarctica The Technology Administration, telecommunications and information Environmental Technology which oversees NIST and the National policy; developing U.S. plans and Laboratory—Boulder, CO Forecast Technical Information Service (NTIS), policies in international forums; and Systems Laboratory—Boulder, CO was established by Congress in 1988 as developing policy for Federal use of the National Severe Storms Laboratory— the premier technology agency working radio frequency spectrum. This Norman, OK Space Environmental with U.S. industry in improving application will test how well the NIST Laboratory—Boulder, CO competitiveness and increasing the interventions work in a research and The dominant occupation within OAR impact of technology on economic development (R&D) environment quite is Meteorologist. Other key occupations growth. The TA coverage would include different from the NIST environment. are Physical Scientist, Physicist, only the Office of the Under Secretary ITS is located in Boulder, Colorado. Electronics Engineer, Computer for Technology Administration and the The ITS R&D work is carried out Specialist, Electronics Technician, Office of Technology Policy. This primarily by Electronics Engineers, with Physical Science Technician, and coverage would be an opportunity to help from Mathematicians. Mathematician. apply broad banding principles to a The remaining units are subunits of National Environmental Satellite, Data, policy, planning, and development the National Oceanic and Atmospheric and Information Service (NESDIS) environment dealing with issues vital to Administration (NOAA): the future of the U.S. economy as it is NESDIS operates NOAA’s satellites Office of Oceanic and Atmospheric and ground facilities; collects, affected by technology. TA offices in the Research (OAR) proposed coverage are located at the processes, and distributes remotely DoC headquarters building in OAR is the primary research and sensed data; conducts studies, plans Washington, D.C. development unit of NOAA. OAR new systems, and carries out the The key occupations are: General provides the science and technology to engineering required to develop and Administration, Management Analyst, support improvements in NOAA implement new or modified satellite and General Business Specialist. services and address current and future systems; carries out research and problems. OAR conducts research development on satellite products and Bureau of Economic Analysis (BEA), programs in coastal, marine, services; provides ocean data Economics and Statistics atmospheric, and space sciences management and services to researchers Administration through its own laboratories and offices, and other users; and acquires, stores, BEA is responsible for providing a as well as through networks of and disseminates worldwide data current picture of the U.S. economy university-based programs. The work related to solid earth geophysics, solar- through the preparation, development, consists of research, modeling, and terrestrial physics, and marine geology and interpretation of the national environmental observations relating to and geophysics. NESDIS provides both income and product accounts showing weather, climate, and environmental a technical operations environment and the gross domestic product, business resources. The laboratory component of a new R&D environment for testing the and other components of the national OAR is the Environmental Research NIST interventions. NESDIS wealth accounts, industrial market Laboratories (ERL). ERL includes headquarters and most of its offices are interrelationships traced by the input- research laboratories in space located in Suitland, Maryland. Ground output accounts, and other accounts environment, aeronomy, environmental stations are located at Wallops Island, showing such economic indicators as technology, weather forecast systems, Virginia, and Fairbanks, Alaska. The personal income, foreign investment, climate monitoring and diagnostics, National Climatic Data Center is located Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67441 in Asheville, North Carolina. All of health of coastal marine habitats. NMFS Fish Biologist, Biologist, Microbiologist, NESDIS will be included in the project, brings in a variety of work in the and Biology Technician. Other except for the Wallops Island ground biological sciences never before important occupations are Chemist, station. addressed by broad banding principles. Oceanographer, Wildlife Biologist, The key occupations within NESDIS In addition to the headquarters office Computer Specialist, and General are Physical Scientist, Meteorologist, in Silver Spring, Maryland, there are Business Specialist. Computer Specialist, Oceanographer, five regions, each of which consists of E. Participating Employees Physical Science Technician, a Regional Office and a Fisheries Meteorological Technician, Electronics Science Center. The regional offices are The project covers all positions that Engineer, Engineering Technician, located in the following areas: Northeast would otherwise be in the General Geophysicist, and Mathematician. (Gloucester, Massachusetts); Southeast Schedule (GS) system. Wage Grade National Marine Fisheries Service (St. Petersburg, Florida); Northwest positions are not included. (NMFS) (Seattle, Washington); Southwest (Long Table 1 shows the total number of The mission of the National Marine Beach, California); and Alaska (Juneau). employees in each operating unit to be Fisheries Service is the stewardship of All the above units of NMFS will be covered by the project. Table 2 lists the living marine resources for the benefit of included in the project except for the occupational series in which current the Nation through their science-based following: in Headquarters, the Office of positions are classified and shows the conservation and management and Enforcement and the Inspection number of employees in each series. promotion of the health of their Services Division; and in the regions, The OPM occupational series will be environment. NMFS supports domestic the Fisheries Science Centers located in retained. The series are listed under the and international conservation and Woods Hole, Massachusetts; Miami, career path in which they will be management of living marine resources. Florida; Seattle, Washington; La Jolla, placed. (See Position Classification for The goals of NMFS are to rebuild and California; and the Alaska Center definitions of the four career paths.) maintain sustainable fisheries, to located in Seattle, Washington. Table 3 shows the number of covered promote the recovery of protected NMFS is supported mainly by employees in each series, by General species, and to protect and maintain the occupations in the biological sciences: Schedule grade.

TABLE 1.ÐNUMBER OF COVERED EMPLOYEES BY UNIT

Operating unit Number

TA ...... 35 BEA, ESA ...... 414 ITS, NTIA ...... 82 NOAA ...... 2114 OAR ...... (640) NESDIS ...... (736) NMFS ...... (738)

Total ...... 2645

TABLE 2.ÐOCCUPATIONAL SERIES, BY CAREER PATH

Series Title Number

Scientific and Engineering (ZP) Career Path

101 ...... Social Scientist ...... 2 110 ...... Economist ...... 247 184 ...... Sociologist * ...... 1 190 ...... Anthropologist * ...... 1 334 ...... Computer Specialist ...... 267 401 ...... Biologist ...... 51 403 ...... Microbiologist ...... 4 408 ...... Ecologist * ...... 4 480 ...... Fish Administrator * ...... 43 482 ...... Fish Biologist * ...... 182 486 ...... Wildlife Biologist * ...... 2 499 ...... Biological Science Student ...... 1 701 ...... Veterinary Medical Officer * ...... 1 801 ...... General Engineer ...... 3 810 ...... Civil Engineer ...... 8 830 ...... Mechanical Engineer ...... 3 850 ...... Electrical Engineer ...... 1 854 ...... Computer Engineer ...... 2 855 ...... Electronics Engineer ...... 96 861 ...... Aerospace Engineer * ...... 1 899 ...... Engineering Trainee ...... 1 1301 ...... Physical Scientist ...... 198 1310 ...... Physicist ...... 71 1313 ...... Geophysicist * ...... 12 1315 ...... Hydrologist * ...... 1 67442 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

TABLE 2.ÐOCCUPATIONAL SERIES, BY CAREER PATHÐContinued

Series Title Number

1320 ...... Chemist ...... 23 1330 ...... Astronomer ...... 8 1340 ...... Meteorologist * ...... 226 1350 ...... Geologist ...... 2 1360 ...... Oceanographer ...... 77 1372 ...... Geodesist ...... 3 1382 ...... Food Technologist * ...... 2 1399 ...... Physical Science Student ...... 1 1515 ...... Operations Research Analyst ...... 1 1520 ...... Mathematician ...... 24 1529 ...... Mathematical Statistician ...... 1 1530 ...... Statistician ...... 13 1550 ...... Computer Scientist ...... 7

ZP ...... Total ...... 1591

Scientific and Engineering Technician (ZT) Career Path

332 ...... Computer Operator ...... 3 392 ...... Radio Frequency Technician ...... 2 404 ...... Biology Technician ...... 9 802 ...... Engineering Technician ...... 28 856 ...... Electronics Technician ...... 22 1311 ...... Physical Science Technician ...... 79 1341 ...... Meteorological Technician * ...... 41 1531 ...... Statistical Clerk/Assistant * ...... 21

ZT ...... Total ...... 205

Administrative (ZA) Career Path

130 ...... Foreign Affairs Specialist * ...... 11 131 ...... International Relations Specialist * ...... 7 260 ...... Equal Employment Specialist ...... 4 301 ...... Miscellaneous Administration ...... 77 340 ...... Program Manager ...... 2 341 ...... Administrative Officer ...... 22 342 ...... Support Services Specialist * ...... 3 343 ...... Management Analyst ...... 76 346 ...... Logistics Management Specialist * ...... 2 391 ...... Telecommunications Specialist ...... 1 501 ...... Financial Administrator ...... 10 510 ...... Accountant ...... 46 560 ...... Budget Analyst ...... 28 610 ...... Nurse * ...... 1 696 ...... Consumer Safety Specialist * ...... 1 930 ...... Appeals Officer * ...... 2 1001 ...... General Arts and Information ...... 3 1035 ...... Public Affairs Specialist ...... 6 1082 ...... Writer/Editor ...... 14 1083 ...... Technical Writer/Editor ...... 4 1084 ...... Visual Information Specialist ...... 7 1101 ...... General Business Specialist ...... 72 1140 ...... Trade Specialist ...... 8 1165 ...... Loan Specialist * ...... 16 1410 ...... Librarian ...... 13 1412 ...... Technical Information Specialist ...... 5 1654 ...... Printing Manager ...... 1 1670 ...... Equipment Specialist ...... 1 1712 ...... Training Instructor * ...... 1 1750 ...... Instructional Systems Specialist * ...... 1 ZA ...... Total ...... 445 Support (ZS) Career Path

29 ...... Environmental Protection Assistant * ...... 1 303 ...... Miscellaneous Clerk/Assistant ...... 72 305 ...... Mail and File Clerk ...... 3 309 ...... Correspondence Clerk/Assistant ...... 1 318 ...... Secretary ...... 190 322 ...... Clerk-Typist ...... 2 326 ...... Office Automation Clerk/Assistant ...... 40 335 ...... Computer Clerk/Assistant ...... 43 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67443

TABLE 2.ÐOCCUPATIONAL SERIES, BY CAREER PATHÐContinued

Series Title Number

344 ...... Management Clerk/Assistant ...... 5 399 ...... Student Trainee ...... 8 525 ...... Accounting Technician ...... 8 561 ...... Budget Clerk/Assistant ...... 3 963 ...... Legal Instruments Examiner * ...... 9 1087 ...... Editorial Clerk/Assistant ...... 1 1101 ...... Trade Information/Financial Assistant * ...... 7 1105 ...... Purchasing Agent ...... 4 1411 ...... Library Technician ...... 4 2005 ...... Supply Clerk/Assistant ...... 2 2102 ...... Transportation Clerk/Assistant ...... 1

ZS ...... Total ...... 404 * These occupations were not tested by the NIST project.

BILLING CODE 6325±01±P 67444 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67445 67446 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67447

BILLING CODE 6325±01±C staffing, and compensation, however, otherwise provided in the project plan, Senior Executive Service and ST–3104 will not change. Neither SES nor ST– laws and regulations pertaining to GS Positions 3104 employees will be subject to the employees (e.g., overtime pay and cost- pro rata share payouts upon conversion of living allowance provisions) continue The personnel systems for SES to the demonstration project. Pay in force for all project employees in the positions (see 5 U.S.C. 3131–3136 and 5 adjustments for their positions under same way as they do for GS employees. U.S.C. 5381–5385) will not change for the project will be carried out in the project. SES classification, staffing, accordance with existing Federal rules F. Labor Participation compensation, performance appraisal, pertaining to SES and ST–3104 pay awards, and reduction-in-force will be adjustments. All unions affected by the project are based on standard SES methods. The local units of the American Federation personnel systems for ST–3104 General Schedule Positions of Government Employees (AFGE). All positions (see 5 U.S.C. 3104 and 5376) All General Schedule (GS and GM) of the AFGE representation is within the will change only to the extent that ST– positions are incorporated in the new National Oceanic and Atmospheric 3104 positions are in the same career path/pay band system. The Administration (NOAA). The following performance appraisal, awards, and within-grade increases of the General table shows the number of project reduction-in-force systems as General Schedule will be replaced by the annual employees represented by each union Schedule positions. Classification, performance pay increases. Except as local.

TABLE 4.ÐBARGAINING UNIT COVERAGE

Employees Operating unit Location Union local covered

NESDIS ...... Camp Springs, MD ...... AFGE 3680 ...... 118 Asheville, NC ...... AFGE 146 ...... 146 NMFS ...... Silver Spring, MD ...... AFGE 2703 ...... 169 OAR ...... Research Triangle Park, NC ...... AFGE 3347 ...... 39

The project operating units provided Implementation Bargaining to each of 1. Selection of Innovations: After numerous briefings on the project to these unions on the conditions and review of the innovations tested at employees and union representatives. provisions of the proposed project. All NIST, the Department has determined Human resources representatives of the unions on the list have agreed to that all would have potential benefit in traveled to the various organizational the project. other DoC units and therefore should be locations to conduct three-hour G. Project Design/Methodology included in the proposed project. These information briefings. In addition, each innovations, and the procedures The project methodology is to bargaining unit covered was invited to associated with them, are described introduce into selected DoC operating below under Position Classification, send a representative to Boulder, units certain innovations in human Colorado, at management’s cost to resources management, and to evaluate Staffing, Reduction-in-Force, Pay receive further information on the over time the effects of those Administration, and Performance project and to interact with a panel of innovations on the ability of the Evaluation and Rewards. NIST managers and employees currently operating units to manage their human 2. Selection of Operating Units: The in the NIST project. The project resources. The methodology includes Department has selected several operating units offered Impact and the following steps: operating units (See Participating 67448 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Organizations.) that will provide a Evaluation.) The evaluation will be grade interval professional technical useful test of whether the innovations designed to determine whether the positions in the physical, engineering, successfully tested at NIST will produce innovations are achieving the goals and biological, mathematical, computer and similarly successful results in other objectives described in the following social science occupations; and student environments. sections and are operating within trainee positions in these disciplines. 3. Establishment of Goals and acceptable cost limits. (See Budget (b) Scientific and Engineering Objectives: The following section on Discipline.) Technician (ZT): one-grade interval Goals and Objectives describes the III. Personnel System Changes positions support scientific and overall goals of the project and the engineering activities through the objectives associated with each of the A. Position Classification application of various skills and innovations. 1. Introduction techniques in the electrical, mechanical, 4. Partnership: The Department has physical science, biological, sought input on the proposal from each Career paths will replace occupational mathematical, and computer fields; and affected local union. (See Labor groups, broad bands will replace grades, student trainee fields. and Departmental broad-band standards Participation.) The Department will also (c) Administrative (ZA): two-grade will replace OPM classification ensure that partnership in accordance interval positions in such administrative standards. The classification system will with Executive Order 12871 continues and managerial fields as finance, be automated, and classification to be an integral part of planning and procurement, personnel, librarianship, authority will be delegated to line implementation. public information and program and managers. 5. Baseline Evaluation: To provide a management analysis; and student basis of comparison between employee These changes are intended to trainee positions in these fields. opinions of the current system and their simplify and speed up the classification future opinions of the project system, process, make the process more (d) Support (ZS): one-grade interval each employee in the covered operating serviceable and understandable, positions that provide administrative units will be asked to complete an improve the effectiveness of support through the application of opinion questionnaire on the current classification decision-making and typing, clerical, secretarial, assistant, system prior to implementation of the accountability, and facilitate pay for and similar knowledge and skills; project. To establish a baseline cost performance. Broad bands provide positions that provide specialized analysis, each operating unit will be larger classification targets that can be facilities support, such as guards and required to analyze its personnel costs defined by shorter, simpler, and more firefighters; and student trainee during fiscal years 1994, 1995, and understandable classification standards. positions in these areas. 1996. This simpler system will be easier to 3. Bands 6. Training: The Department and the automate, will require fewer resources operating units will provide training to to operate, and will facilitate delegation Each career path is divided into five human resources staff, managers, and to line managers. bands, which replace GS grades. The employees prior to implementation of By providing broader and more maximum rate of a band is step 10 of the the project and will provide additional flexible pay ranges for setting entry pay, highest GS grade in the band including training to managers on the pay-for- broad banding will provide hiring locality rates in the 48 contiguous States performance system prior to the end of officials with an important tool for and the District of Columbia. When a the first performance cycle. (See attracting high-quality candidates and special rate for an occupation in the Training.) thus will contribute to the objectives of band is higher than the applicable 7. Implementation: To ensure a increasing the quality of new hires and locality rate, the Departmental smooth implementation, the Department improving workforce performance. Personnel Management Board will have and the operating units will emphasize By providing more flexible pay setting to use the maximum applicable special top management support; the based on performance, broad banding rate to set the maximum rate of the band development of detailed operating will give managers the ability to for specific occupations in certain procedures prior to implementation; increase the pay of good performers to geographical areas. (See Pay thorough training of managers and higher and more competitive levels, Administration.) For each regular band, human resources office staff; step-by- thus improving the retention of good there is a corresponding supervisory step implementation planning; adequate performers. At the same time, the band for employees who receive backup systems, particularly in promise of higher pay increases for good supervisory performance pay. The automated personnel and payroll performance, supported by the broader supervisory band has the same systems; and sufficient operating pay ranges of broad banding, will minimum rate as the nonsupervisory resources. contribute to the objective of improving band, but has a maximum rate 6 percent 8. Operation: The Department will organizational and individual higher than the maximum rate of the exercise continual oversight, under the performance. nonsupervisory band. Positions in the direction of the Departmental Personnel supervisory band include positions that 2. Career Paths Management Board (See Project meet the DoC Demonstration Project Management.) to ensure that project A career path aggregates comparable definition of ‘‘supervisor’’. (See Pay authorities and procedures are occupations that have parallel career Administration.) The following chart administered correctly. patterns and are suitable for similar shows the four project career paths, the 9. Evaluation: The Department will treatment in staffing, classification, pay, bands in each career path, and the arrange for an annual evaluation of the and other personnel functions. relationship between bands and General project under an OPM-approved There are four career paths: (a) Schedule grades. evaluation plan. (See Project Scientific and Engineering (ZP): two- BILLING CODE 6325±01±P Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67449

BILLING CODE 6325±01±C consistent and uniform application of (DPMB or designee). The decision of the 4. Occupational Series classification policies and guidelines. Department will be final. Under this authority, the Department’s Details pertaining to the classification The General Schedule occupational Director for Human Resources appeals process are found in the project series will be retained. Existing OPM operating procedures. occupational series may be added or Management will establish a plan to deleted in response to programmatic review the accuracy of classification B. Staffing needs. decisions made by line managers and make periodic reports to the DPMB. A 1. Introduction 5. Classification Standards variety of approaches will be used to The project operating units will use a Each classification standard will conduct classification reviews, such as variety of staffing methods to fill describe each band in two factors: (1) regularly scheduled Departmental positions, including Direct Examination, general duties and responsibilities and oversight reviews as well as ad hoc Agency-Based Staffing, Merit (2) knowledge, skills, and abilities. reviews conducted to address specific Assignment, and various These two factors complement each classification issues identified through noncompetitive placements. Recruiting other at each band in a career path and data analysis, random sampling of and examining will be carried out may not be separated in classifying a classification actions, project evaluation directly by the operating units except position. OPM classification standards reports, etc. The Governmentwide for positions covered by the Luevano will not be used. system of approval of SES and ST–3104 Consent Decree. OPM registers will not positions will be maintained. be used. These methods will be 6. Position Descriptions supplemented by other staffing tools, Line managers will follow an 8. Classification Appeals such as paid advertising, flexible entry automated menu-driven process to salaries, probation, recruitment and classify positions and produce position An employee covered by the DoC retention payments, and flexible pay descriptions. Demonstration Project may appeal the increases associated with promotion. career path (when the position is in a The Department will make necessary 7. Delegation of Classification Authority series that may be assigned to more than adjustments in response to future The Operating Personnel Management one career path, e.g., GS–1101), revisions in staffing statutes. These Boards (OPMBs) will oversee the occupational series, or pay band of his changes are intended to attract higher delegation of classification authority to or her position at any time. An quality candidates, speed up the line managers. Under authority employee wishing to formally appeal recruiting and examining process, delegated by the DPMB, the must first appeal to the Operating Unit increase the effectiveness of the Department’s human resources staff will (OU). If the employee is dissatisfied probationary review process, and monitor and review classification with the OU decision, he or she may improve the retention of good decisions made by managers to ensure appeal further to the Department level performers. 67450 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Agency-based staffing, supported by 2.9 GPA (on a 4.0 scale) in a job-related connected disability of 10 percent or paid advertising, will allow hiring major or a master’s degree in a job- more. (These preference eligibles are officials to focus on more relevant related field constitute a shortage given absolute preference except when recruiting sources. Direct examination category; candidates for positions at the position is at Band III or above in will allow managers to hire individuals Band I of the ZT Career Path who have the Scientific and Engineering Career with shortage skills as they find them, at least a 2.9 GPA in a job-related field Path.) Selecting officials may choose get them on board faster, and avoid the during a minimum of at least 2 years in any of these preference eligibles when loss of good candidates who may grow an accredited college, junior college, or more than one are referred. impatient with a long hiring process, technical institute constitute a shortage thus contributing to the objectives of category; and candidates for positions at (b) Rating and ranking increasing the quality of new hires and Band II of the ZT Career Path who have Rating and ranking (including veteran improving the fit between position at least a 2.9 GPA in a job-related field preference and ‘‘rule-of-three’’ requirements and candidate skills. The in 4 years of college study constitute a procedures) will be used when the list three-year probationary period will help shortage category. of qualified candidates contains: ensure that scientists and engineers who 3. Agency-Based Staffing are retained beyond probation are (1) More than three candidates; or capable of carrying out a full cycle of Agency-based staffing procedures will (2) Two or more candidates including R&D work, thus contributing to the be used to fill vacancies not covered by at least one preference eligible (except objectives of high-quality hires and a direct examination or the project when direct referral of a 10-point high-performing workforce (see Section operating unit Merit Assignment Plan veteran is made under (a)(2) above). III(B)(10)). Local authority for recruiting (MAP). Vacancies filled by agency-based 7. Priority Placement and retention payments will provide procedures will be advertised at a extra incentives for hiring and retaining minimum through the Governmentwide All Department of Commerce and individuals with shortage skills, thus automated employment information OPM priority placement programs will contributing to the objectives of system operated by OPM. be followed. increasing the quality of new hires, 4. Merit Assignment Plan (MAP) improving the fit between position 8. Paid Advertising MAP procedures will be used to fill requirements and individual positions restricted to current or former Paid advertising may be used as one qualifications, and improving the Federal employees with competitive of the first steps in recruitment without retention of good performers. status. These plans will be amended to having to first try unpaid methods. 2. Direct Examination include any demonstration project 9. Private Sector Temporaries The project will apply two direct flexibilities. examination authorities: (a) Direct 5. Applicant Supply Files Private sector temporary help services Examination: Critical Shortage may be used as appropriate. The operating units will advertise the Occupations and (b) Direct availability of job opportunities in Examination: Critical Shortage Highly 10. Probationary Period direct-examination occupations by Qualified Candidates. These vacancies continuous posting of an Applicant Probation under the project will will normally be filled through direct Supply Bulletin (that conforms with the follow current law and regulations, recruiting by selecting officials, requirements of 5 U.S.C. 3327) on the except for employees in the Scientific supplemented by a required search of Governmentwide automated and Engineering (ZP) Career Path the operating unit Applicant Supply employment information system performing research and development File. Direct examination procedures are operated by OPM. The operating units (R&D) work. ZP employees performing not exempt from the application of will accept applications for this file on R&D work will be required to serve a veteran preference rules. an open-continuous basis for all direct- probationary period of three years, (a) Direct Examination: Critical Shortage hire authorities. Selecting officials will except that a supervisor may end the Occupations be able to recruit directly for applicants, probationary period of a subordinate R&D employee at any time after one Direct examination procedures will be but any applicants they find must year. Near the end of the first year of the used for categories of occupations that compete with applicants who apply R&D employee’s probationary period, require skills that are in short supply. through the Applicant Supply Bulletin the supervisor will be required to decide Included in this group are specific and other applicants whose applications whether to: (1) change the employee occupations in two categories listed in are stored in the operating unit from probationary status to non- the Project Operating Procedures: (1) Applicant Supply File. probationary status; (2) remove the some occupations for which there is a 6. Referral Procedures for Direct employee; or (3) continue the employee special rate under the General Schedule Examination and Agency-Based Staffing on probation. If the employee is pay system, and (2) some occupations at Authorities continued on probation, the supervisor Pay Band III and above in the ZP Career Either direct referral or rating and must select from the same options near Path. Any position in these shortage ranking will be used to refer applicants the end of the second year of probation. categories may be filled through direct for vacancies under direct examination If probation is continued into the third examination procedures. and agency-based staffing authorities. year, the supervisor must make a final (b) Direct Examination: Critical Shortage (a) Direct referral decision on whether to retain or remove Highly Qualified Candidates the employee near the end of the third A qualified candidate may be referred and final year of probation. Direct examination procedures will be directly without rating and ranking: used for additional positions for which (1) When there are no more than three The purpose of the three-year there is a shortage of highly qualified qualified candidates and no preference probationary period for scientists and candidates. Candidates for positions at eligibles; or engineers performing R&D work is to Band I or II of the ZP Career Path who (2) If the candidate is a preference allow a hiring official to view the full have a bachelor’s degree with at least a eligible with a compensable Service- cycle of a research assignment before Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67451 making a final decision on retaining the The time-in-band requirement for 4. Link Between Bands and Grades employee. The one-year probationary promotion eligibility is 52 weeks, with OPM reduction-in-force regulations period is insufficient to cover the full two exceptions: (1) an employee may be on assignment rights (5 CFR 351.701) cycle of research and development from promoted from Band I to Band II in the will be applied to the project by assignment of a research project to Support Career Path without time substituting ‘‘one band’’ for ‘‘three publication of results. For other restriction; and (2) an employee may be grades’’ and ‘‘two bands’’ for ‘‘five positions, the one-year probationary promoted from Band II to Band III in the grades.’’ period is adequate. Support Career Path without time D. Pay Administration 11. Qualification Standards restriction if the employee was not promoted from a Band I to a Band II 1. Introduction The qualifications required for position during the previous 52 weeks. placement within a band and within a The most important change in pay (For pay provisions related to administration is the introduction of career path will be based on the OPM promotion, see Pay Administration.) Qualification Standards for General pay for performance, which will govern Schedule Positions, except that testing C. Reduction-in-force individual pay progression within requirements will not be used and the bands. The amount of the basic pay and 1. Introduction Superior Academic Criterion will be locality pay increases approved by defined as a 2.9 GPA (on a 4.0 scale). The project operating units will Congress and the President will continue to be applied to pay schedules The minimum qualifications for the follow reduction-in-force procedures and employee salaries, with the occupation and for the GS grade contained in law and regulation, except variations described below. Other pay corresponding to the lowest grade in the that career path will be added to the tools are supervisory performance pay, band will apply. The DPMB may definition of competitive areas, flexible pay setting for new hires, and authorize new or modified qualification retention credit for performance will be more flexible pay setting upon standards based on current practices in based on performance ranking, and promotion. the scientific, engineering, and grades will be converted to bands for the computer science fields and to reflect Pay for performance promotes fairness purpose of interpreting reduction-in- and provides a motivational tool and a modern curricula in recognized degree force regulations. programs. retention tool. It is fair that higher The objective of the link between achievement should produce higher 12. Recruitment and Retention career paths and competitive areas is to rewards. In particular, the quality work Payments improve the fit between the skills of that arises from a commitment to the The project operating units may grant displaced employees and the positions goals and objectives of the organization recruiting and retention payments in they are offered through reduction-in- should be rewarded by higher pay appropriate circumstances, not to force procedures. The objective of the increases. As a motivational tool, the exceed $10,000 or 25 percent of basic link between performance and retention promise of higher pay increases for good pay, whichever is greater. Decisions on standing is to continue to make performance encourages high allowances will be based on market performance a factor in retention during achievement. As a retention tool, pay for factors such as salary comparability and reduction-in-force. performance allows the organization to salary offer issues, relocation and more quickly move the salaries of good 2. Competitive Areas dislocation issues, programmatic performers to levels that are more urgency, emerging technologies, Each of the four career paths in each competitive in the labor market. turnover rates, special qualifications, project operating unit local commuting Supervisory performance pay and shortage categories or scarcity of area will be a separate competitive provides an extra performance incentive positions unique to the operating unit. area—separate from the other career for supervisors, addressing the objective All scientific, engineering, and other paths and separate from the competitive of improved individual and organizational performance. hard-to-fill positions will be eligible. areas of other operating unit employees. Recruitment and retention payments Supervisory performance pay also will not be considered part of basic pay. 3. Link Between Performance and addresses the objective of improving Retention retention by raising the pay of high- 13. Travel Expenses performing supervisors to more Travel and transportation expenses, An employee with an overall competitive levels. Flexible pay setting advancement of funds, per diem performance score in the top 20 percent for new hires is a recruiting tool that expenses incident to travel, and/or of scores within a career path in a pay gives hiring officials greater flexibility to relocation expenses may be provided to pool (See Performance Evaluation and offer more competitive salaries to high- new hires in the same manner as is Rewards below.) will be credited with quality candidates, addressing the authorized in sections 5723, 5724, 10 additional years of service for objective of improving the quality of 5724a, 5724b, and 5724c of title 5, U.S. retention purposes. The total credit will new hires. The greater flexibility in Code. Recipients must sign service be based on the employee’s three most setting pay upon promotion gives agreements indicating commitment to at recent annual performance scores managers another retention tool to help least 12 months of continued service. received during the 4-year period prior retain top performers. to an established cutoff date, for a 14. Promotion potential total credit of 30 years. Career 2. Pay for Performance A promotion is a change of an status and veteran preference will Pay for performance has three employee to (1) a higher band in the continue to have the same effect on components: (a) the annual adjustment same career path, or (2) a band in retention standing as they now have to basic pay, which includes the annual another career path in combination with under current regulations. No general increase and the locality pay an increase in pay. To be eligible for performance-related retention credit increase; (b) annual performance pay promotion, an employee must have a will convert to this system from any increases; and (c) bonuses. The first current performance rating of Eligible. other performance appraisal system. component, the annual adjustment to 67452 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices basic pay, is set according to the group grievances and more serious An employee’s rate of basic pay subsections referring to general and unresolved complaints to a higher level payable under any pay band may not locality increases. The second supervisor or manager; (f) effect minor exceed the rate of basic pay payable for component, performance pay increases, disciplinary measures, such as warnings Level IV of the Executive Schedule. An is set according to the procedures under and reprimands, recommending other employee’s aggregate monetary Performance Evaluation and Rewards. action in more serious cases; (g) identify compensation for a calendar year may The third component, bonuses, is developmental and training needs of not exceed the basic rate of pay for managed in accordance with the employees, providing or arranging for Level I of the Executive Schedule, as subsection on Performance Bonuses needed development and training; (h) required by 5 U.S.C. 5307 and OPM under Performance Evaluation and find ways to improve production or regulations in Subpart B of 5 CFR 530. Rewards. increase the quality of the work developed; and (i) develop performance 6. Locality Pay 3. Placement in a Lower Band standards. Locality pay is implemented as basic An employee whose performance Supervisory performance pay will be pay for all purposes except as otherwise rating is Unsatisfactory does not receive considered a part of basic pay. Upon provided in this plan. The locality the annual adjustment to basic pay. conversion to the project, all eligible adjustment will be applied to the Because the minimum pay rate for each supervisory positions will be placed in minimum and maximum rates of each band is increased each year by the the supervisory bands. The incumbents band, as applicable. For bands affected amount of the annual adjustment to of these positions will be converted at by special rates, the maximum rate will basic pay, it is possible that the new their basic pay (including special rates be the higher of the special rate or the minimum rate of a band will exceed the or locality pay) at the time of locality rate. A locality adjustment may basic pay of an employee in that band conversion. New hires into supervisory be applied to an eligible employee’s who does not receive the annual positions after the date of conversion basic pay only to the extent that it does adjustment to basic pay due to will have their pay set at the not cause the employee’s basic pay to unsatisfactory performance. When this supervisor’s discretion within the pay exceed the maximum rate of the band. happens, the employee is placed in the range of the applicable supervisory 7. Special Salary Rates next lower band. This placement shall band. not be considered an adverse action Supervisors in all career paths will be When appropriate, special salary rates under 5 U.S.C. 7512, nor shall grade eligible for salaries up to 6 percent will be used to determine employees’ (i.e., band) retention under 5 U.S.C. higher than the maximum rate of their maximum pay rates in lieu of the 5362 be applicable. pay bands. The amount by which a normal pay band ceilings. The supervisor’s pay exceeds the maximum provisions of current regulations (5 CFR 4. Supervisory Performance Pay rate of the band constitutes supervisory 530.303) will be followed to determine Employees who meet the performance pay. The higher salaries the appropriateness of special salary demonstration project definition of shall be reached through performance rates. As provided for under these ‘‘supervisor’’ will be eligible for pay increases granted through the regulations, special salary rates will be supervisory performance pay. Positions regular performance appraisal cycle. restricted to occupations and/or that require incumbents to spend 25 The payment of supervisory geographic locations for which there is percent or more of their time performing performance pay is not considered a an existing or likely difficulty in the all of the following duties will be titled promotion or a competitive action. recruitment or retention of well- ‘‘supervisory’’ for classification and Supervisory performance pay will be qualified personnel. other official purposes and will be canceled when an employee’s 8. Effect of General and Locality Pay eligible for supervisory performance supervisory responsibilities are Increases on Bands pay. discontinued. The cancellation of 1. Assign and review work daily, supervisory pay does not constitute an The minimum and maximum rates of weekly, or monthly; adverse action, and there is no right of each band will be increased at the time 2. Assure that production and appeal under 5 U.S.C. Chapter 75. Pay of a general pay increase under 5 U.S.C. accuracy requirements are met; retention under 5 U.S.C. 5363 is not 5303 and/or a locality pay increase 3. Approve leave; applicable. Before entering a under 5 U.S.C. 5304 or 5304a so that 4. Evaluate work performance of supervisory position, an employee will they equal the new locality-adjusted subordinates; and be required to sign a statement minimum and maximum rates of the 5. Exercise at least four of the certifying that the employee grades corresponding to the band. The following authorities and understands that the supervisory pay maximum rates of bands set according responsibilities: (a) plan work to be will be canceled when the employee to special rates, however, may exceed accomplished by subordinates, set and ceases to be a supervisor. this amount to the extent necessary to adjust short-term priorities, and prepare equal the 10th step of the appropriate 5. Pay and Compensation Ceilings schedules for completion of work; (b) special rate scale if that rate is higher. assign work to subordinates based on The maximum rate for a band priorities, selective consideration of the (excluding special bands established to 9. Effect of General and Locality Pay difficulty and requirements of allow for supervisory performance pay) Increases on Individual Pay assignments, and the capabilities of will be equal to the maximum rate— GS Only employees with a current annual employees; (c) give advice, counsel, or rate, locality rate, or special rate, as performance rating of record of Eligible instruction to employees on both work applicable—payable to GS employees may receive an increase in their basic and administrative matters; (d) for the grades corresponding to the pay at the time of band adjustments. interview candidates for positions in the band. An employee’s basic pay may not This increase in basic pay will reflect unit and recommend appointment, exceed the maximum rate of the any applicable general and/or locality promotion, or reassignment to such employee’s band (including a pay increase for General Schedule positions; (e) hear and resolve supervisory band), except for employees employees. The increase in basic pay for complaints from employees, referring receiving retained rates of pay. eligible employees whose basic pay is at Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67453 the ceiling of their band will equal the increase in General Schedule rates factor. (For example, if the locality increase in the ceiling. under 5 U.S.C. 5303 (e.g., 1.02 if the payment percentage for an area The basic pay increase for eligible general increase is 2 percent). The increased from 4.23 percent to 5.48 employees whose basic pay is below the second factor is the locality pay increase percent, the locality pay increase factor ceiling of their band will be calculated factor, which is derived by dividing the would be 1.0548 divided by 1.0423, or by applying two factors to the newly applicable locality pay approximately 1.012.) Thus, the new employee’s rate of pay. One factor is the percentage factor by the formerly rate of basic pay would be calculated general increase factor representing the applicable locality pay percentage using the following formula:

1+ newly applicable locality pay percentage new pay rate = general increase factor × × former pay rate 1+ formerly applicable locality pay percentage

However, a basic pay increase will be project, GS grades will translate directly is by lateral transfer or lateral applied only to the extent that it does to the project’s career path and band reassignment, the employee’s GS grade not cause an employee’s basic pay to structure. Employees will be converted will translate directly to the project’s exceed the ceiling of the applicable at their current highest rate under the career path/band structure, and the band. GS pay system (i.e., highest of locality employee’s rate of basic pay under the rate or special rate or similar rate) at the demonstration project will equal his or 10. Basic Pay time of conversion. No one’s salary will her current highest rate under the GS Employees covered by the project will be reduced as a result of the conversion. pay system (i.e., highest of locality rate not have separate basic pay rates and When conversion of an employee into or special rate or similar rate). When a locality pay rates, as do General the project is accompanied by a lateral transfer or lateral reassignment is Schedule employees. Project basic pay geographic move, the employee’s GS accompanied by a geographic move, the rates will be basic pay for all purposes, pay entitlements (including any locality employee’s GS pay entitlements except as specifically provided in the rate or special rate) in the new area will (including any locality rate or special demonstration project plan. be determined before converting the rate) in the new area will be determined employee’s pay to the demonstration 11. Pay Setting Upon Promotion before converting the employee’s pay to project pay system. the demonstration project pay system. The new basic pay rate upon At the time of conversion, each When the movement is by new promotion may be set at any level in the converted employee will be given a appointment, promotion, reassignment new band (If the move is to a different lump-sum cash payment for the time with pay adjustment (through merit career path, any band in the new career credited to the employee toward what assignment plan competition), or path would be considered a ‘‘new would have been the employee’s next transfer to ‘‘higher grade’’ (i.e., to a band band.’’), except that the minimum pay within-grade increase. The payment for higher than the band that corresponds to increase upon promotion is 6 percent. a General Schedule employee will be the employee’s current GS grade), the computed by (1) calculating the ratio of OPMBs will establish operating unit new pay rate is set according to project (a) the number of days the employee guidelines and delegate approval pay setting flexibilities for new hires will have spent in the employee’s authority for setting pay levels for and promotions. promotions. current rate through the day prior to the day of conversion, to (b) the total 15. Pay Setting Upon Movement of an 12. Pay Setting for New Hires number of days in the employee’s Employee to a Different Pay Area The setting of initial salaries within current waiting period for a regular bands for new appointees will be within-grade increase (364, 728, or 1092 Employees who move (voluntarily or flexible, particularly for hard-to-fill days), and (2) multiplying that ratio by involuntarily) from one geographic area positions in the Scientific and the dollar value of the employee’s next to another within their operating unit Engineering Career Path. OPMBs will within-grade increase, as in effect at the will have their pay adjusted to account establish operating unit guidelines and time of conversion. for any change in the band maximum delegate approval authority for setting rates between the two areas. This 14. Movement of GS Employees From pay levels for new hires. adjustment ensures that the employee’s Other Organizations to the relative position in the band (measured 13. Conversion of Employees From the Demonstration Project as a percentage of the band maximum General Schedule to the Demonstration GS employees can move into the rate) will be maintained upon Project project from other organizations through movement. The pay rate in the new area For employees being converted from transfer, reassignment, promotion, or will be derived using the following the GS pay system to the demonstration new appointment. When the movement formula:

pay band maximum rate after movement new pay rate = former pay rate × pay band maximum rate before movement

The new pay rate is calculated before movement from one pay area to a lower- provisions of 5 U.S.C. 5363. (The any other simultaneous pay action (e.g., paying area shall not be considered a employee retains the right to grieve or general pay adjustment or promotion reduction in basic pay under the file a complaint regarding a geographic effective on the same date). Any adverse action provisions of 5 U.S.C. reassignment if there is an allegation of reduction in pay solely attributable to a 7512(4) or under the pay retention 67454 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices a violation of nondiscrimination statutes performance evaluation and rewards employee’s performance is not or a prohibited personnel practice.) system, except that the Departmental satisfactory on one or more critical Personnel Management Board may elements and place the employee on a 16. Severance Pay remove from the system any position Performance Improvement Plan. OPM severance pay regulations (5 not filled by career or career conditional 7. Performance Ratings CFR 550.703) will be applied to the appointment. ST–3104 employees will project by substituting ‘‘one band’’ for have their performance evaluated under The demonstration project ‘‘two grades’’ and ‘‘two grades or pay the structure of the performance performance ratings of record are levels.’’ evaluation system and may receive Eligible (for performance pay increase, 17. Grade and Pay Retention bonuses, but do not receive performance bonus, and annual adjustment to basic pay increases. Members of the Senior pay) and Unsatisfactory. The Eligible Grade and pay retention will follow Executive Service will remain under the rating of record covers the same current law and regulations, except as non-demonstration DoC SES performance range as the former ratings allowed by specific waiver (e.g., ‘‘career performance appraisal, pay, and bonus of Marginal, Fully Successful, path and band’’ for ‘‘grade’’). Specific system. Commendable, and Outstanding. waivers are listed in the section entitled, Upon conversion to the Unsatisfactory covers the same Authorities and Waiver of Laws and demonstration project, any performance range as the former ratings Regulations Required. administrative action already initiated of Unsatisfactory and Unacceptable. An E. Performance Evaluation and Rewards under a previous appraisal program will employee whose performance is not continue to be processed in accordance satisfactory is placed on a performance 1. Introduction with the requirements and procedures improvement plan and given an The most important feature of the of the program in effect when the action opportunity to improve before a final performance evaluation system is that it was initiated. rating of record is assigned. is based on the application of a 8. Performance Scores weighted 100-point scoring system in 3. Performance Cycle support of pay for performance. As in The performance year begins October Each element is evaluated the current system, each employee has 1 and ends September 30. The stages of individually against the benchmark an individual performance plan the performance cycle are performance performance standards and any composed of several performance planning, performance review, supplemental standards. If a single elements. Through application of performance appraisal, and element in an employee’s plan is rated benchmark performance standards and a performance-related decisions. Unsatisfactory, the rating of record is 100-point scoring system, supervisors Unsatisfactory and there is no rank employees by performance within 4. Performance Plans performance score. If all elements meet peer groups and grant performance pay Performance plans will be developed at least the minimally acceptable increases according to the ranking. each year by supervisors with input benchmark, the rating of record is Highly ranked employees within a peer from employees. Critical performance Eligible. Rating Officials score the group receive relatively high pay elements will be established for each performance of employees rated Eligible increases and lower ranked employees position. (All elements are critical.) The on a 100-point scale, which corresponds receive relatively lower pay increases. supervisor weights each element so that to the 100-point element weighted scale. The performance appraisal process is the total weight of all elements is 100 An individual element score may be as intended to (1) promote good points. Benchmark performance high as the weight of that element. The performance; (2) encourage a continuing standards define the range of total performance score is the sum of the dialogue between supervisors and performance. A supervisor may add element scores. A perfect score on each employees on organizational objectives, supplemental standards to a element would produce a total score of supervisory expectations, employee performance plan to further elaborate on 100 points. performance, employee needs for the benchmark performance standards. assistance and guidance, and employee 9. Performance Ranking development; and (3) provide a basis for 5. Mid-Year Review Employees are ranked, by performance-related decisions in A required mid-year review addresses performance score, within a peer group. employee development, pay, rewards, mid-year accomplishments, A peer group may involve no more than assignment, promotion, and retention. performance successes and deficiencies, one career path, but may be otherwise The system will more effectively and any need for performance plan organized by any combination of communicate to employees how they modifications. Additional reviews may organization, occupation, band, or are performing in relation to their peers, be held as needed. appointment type. Rating Officials rank their own employees, then Pay Pool the rewards for good performance, and 6. Performance Appraisal the consequences of poor performance. Managers interleave the rankings of Performance-based pay increases give Performance appraisals bring subordinate Rating Officials to produce an operating unit the ability to raise the supervisors and employees together to peer group rankings at the pay pool pay of good performers more rapidly, discuss performance and level. A Pay Pool Manager is a line thus improving retention of good accomplishments during the manager who manages his or her performers. The promise of higher pay performance year. The appraisals lead to organization’s pay increase and bonus increases for good performance will decisions by supervisors and Pay Pool funds and has final decision authority encourage achievement and promote the Managers on performance scores, over the performance scores, objective of improved individual and performance ratings, performance pay performance pay increases, and bonuses organizational performance. increases, and bonuses. Performance of subordinate employees. appraisal is scheduled for the final 2. Coverage weeks of the performance year. 10. Performance Pay Decisions All employees covered by the project However, at any time of the year, a The Performance Pay Table divides will be covered by the project supervisor may determine that an each band into three segments or Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67455 intervals. Each interval is linked to a project pay band to an equivalent GS grade in the band (i.e., between step 1 range of potential percentage pay grade and the employee’s project rate of and step 4), then the employee shall be increases beginning at zero and pay to an equivalent GS rate of pay. The converted to that next higher applicable progressing to a maximum percentage converted GS grade and rates of pay grade; (2) An employee will not be pay increase. The maximum must be determined before movement converted to a lower grade than the performance pay increase an employee out of the project and any grade held by the employee may receive, therefore, depends on the accompanying geographic movement, immediately preceding a conversion, interval into which the employee’s promotion, or other simultaneous lateral reassignment, or lateral transfer salary falls. The Pay Pool Manager action. For lateral reassignments and in the project unless since that time the makes a performance pay decision for lateral transfers, the converted GS grade employee has undergone a reduction in each employee in a peer group, based on and rates of pay will become the band; (3) In Band I of the ZP and ZA the Pay Pool Manager’s ranking and the employee’s actual GS grade and rates of Career Paths, students without a pay increase ranges in the Performance pay, unless immediately affected by a bachelor’s degree or comparable Pay Table. Within a peer group, an simultaneous geographic movement or experience are converted no higher than employee may not receive a higher another pay action. For non-lateral GS–4. proportion-of-range than a higher- transfers, promotions, and other actions, B. Pay-Setting Provisions ranking employee or a lower proportion- the converted GS grade and rates of pay of-range than a lower-ranking employee. will be deemed to be the employee’s An employee’s pay within the Proportion-of-range is the percentage of grade and rates of pay at the time of converted GS grade is set by converting the maximum pay increase allowed for movement out of the project and will be the project rate to GS pay rates in a particular interval of a pay band, i.e., used in applying applicable pay setting accordance with the following rules: a percent of a percent. For example, if rules (e.g., promotion rules.) 1. The pay conversion is done before any geographic movement or other pay- the pay increase range for the pay A. Grade-Setting Provisions interval is 0–12 percent, and the related action that coincides with the employee receives a 9 percent increase, An employee in a band corresponding employee’s movement out of the that employee receives a proportion-of- to a single GS grade is converted to that demonstration project. range that equals 75 percent of the grade. An employee in a band 2. An employee’s project rate is maximum 12 percent. corresponding to two or more grades is converted to a rate on the highest converted to one of those grades applicable rate range for the converted 11. Performance Bonuses according to the following rules: GS grade (including a rate range in the Bonuses are the only cash awards 1. The employee’s project basic rate of GS base schedule, a rate range in the directly linked to the project pay is compared with step 4 rates in the applicable locality rate schedule, or a performance appraisal system, and are highest applicable GS rate range rate range in a special rate schedule for awarded at the end of the performance (including a rate range in the GS base the employee’s occupation). year in conjunction with decisions on schedule, a rate range in the applicable 3. If the highest applicable rate range performance pay increases. A Pay Pool locality rate schedule, or a rate range in is a locality pay rate range, the project Manager may award a bonus to any a special rate schedule for the rate is converted to a GS locality rate of employee with an Eligible rating. The employee’s occupation). If the series is pay. If this rate falls between two steps OPMBs will determine the bonus a two-grade interval series, only odd- in the locality-adjusted schedule, the authority to be delegated to their pay numbered grades are considered below rate must be set at the higher step. The pool managers. GS–11. converted GS rate of basic pay is the GS Bonuses address two objectives. First, 2. If the employee’s pay rate equals or base rate corresponding to the converted the ability to reward the exceeds the applicable step 4 rate of the GS locality rate (i.e., same step accomplishments of good performers highest GS grade in the band, the position). (If this employee is also will make them more likely to remain, employee is converted to that grade. covered by a special rate schedule as a thus improving the retention of high 3. If the employee’s pay rate is lower GS employee, the converted special rate achievers. Second, the promise of than the applicable step 4 rate of the will be determined based on the GS step bonuses for achievement will encourage highest grade, the pay rate is compared position. This underlying special rate improved individual performance. with the step 4 rate of the second will be basic pay for certain purposes highest grade in the employee’s band. If for which the employee’s higher locality 12. Action Based on Unsatisfactory the employee’s pay rate equals or rate is not basic pay.) Performance exceeds step 4 of the second highest 4. If the highest applicable rate range If, after an opportunity to improve, an grade, the employee is converted to that is a special rate range, the project rate employee’s performance is still not grade. is converted to a special rate. If this rate satisfactory, the operating unit will give 4. This process is repeated for each falls between two steps in the special a rating of Unsatisfactory and must take successively lower grade in the band rate schedule, the rate must be set at the action to reassign or remove the until a grade is found in which the higher step. The converted GS rate of employee, or place the employee in a employee’s rate of basic pay equals or basic pay will be the GS rate lower band, in accordance with exceeds the applicable step 4 rate of the corresponding to the converted special performance action provisions in law grade. The employee is then converted rate (i.e., same step position). and regulation. at that grade. If the employee’s rate of 5. Exception: If an employee’s project pay is below the step 4 rate of the lowest rate exceeds the maximum rate of the IV. Conversion or Movement From a grade in the band, the employee is highest applicable rate range upon Project Position to a General Schedule converted to the lowest grade. conversion to the General Schedule, the Position 5. Exceptions: (1) If the employee’s affected employee’s project rate will be If a DoC Demonstration Project pay rate exceeds the maximum rate of converted to a retained rate under 5 employee moves to a General Schedule the grade assigned under the above- U.S.C. 5363. If an employee is entitled position, the following procedures will described ‘‘step 4’’ rule but fits in the to a special rate under the General be used to convert the employee’s rate range for the next higher applicable Schedule, the project rate is converted 67456 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices directly to a retained rate. If an A. Reprogramming Costs assessment. That is, base costs for employee is only entitled to locality pay The following actions and their costs promotions, within-grade increases, and under the General Schedule, the will be eliminated by the new system: cash awards in a particular band and retained rate is derived by dividing the 1. Promotions from one grade to a career path will form the basis for project rate by the applicable locality higher grade where both grades are now project spending in the same band and pay factor (i.e., 1 plus the locality in the same broad band. For example, career path. 2. Formulas will be devised to payment percentage). Thus, the locality- because Band III of both the ZP and ZA authorize pay increase and bonus pools adjusted retained rate will equal the career paths will cover the same pay up to the limits calculated from base- project rate the employee had been range as current grades GS–11 and GS– year spending. For each pool, the receiving before conversion. Since the 12, there will be no more promotions authorized spending ceiling will depend employee’s total rate of pay is not from GS–11 to GS–12. on the number of employees in the pool reduced upon conversion, this change to 2. Regularly scheduled Within-Grade by career path, band, and salary. converted rates under the General Increases and Quality Step Increases. 3. No allocation will be placed in Schedule will not be considered a There are no steps in the broad band performance pay increase pools for reduction in basic pay under 5 U.S.C. system. These actions will be employees who are not eligible for a 5363 or 7512. eliminated. performance pay increase, such as those 6. After conversion or movement out 3. Cash awards related to the who have insufficient time in the of the demonstration project, an performance appraisal cycle. (These position to be rated and those whose employee’s converted GS rates will be funds will be applied to bonus pools salaries are at the ceilings of their bands. used in applying GS pay administration only—not to pay pools). No money will be placed in bonus pools rules, as necessary, in lieu of using his The cost savings from eliminating for employees not eligible for a bonus, or her demonstration project rate. Thus, these actions will be used to finance the such as those not eligible for a for example, the converted GS rate of following new actions: basic pay (or converted special rate, if performance rating or who are not on —Performance-based pay increases the payroll the last day of the applicable) will be used in applying GS within bands, including the ability to rules for promotions, maximum payable performance cycle. increase the pay of supervisors, 4. The potential size of performance rate determinations, and pay retention, through performance-based pay as appropriate. For conversions upon pay increases will be relatively high for increases, to a higher level than under employees whose salaries are near the termination of the project and for lateral the current system. There is no reassignments, the converted GS rates minimum rate of the band and relatively guaranteed performance pay increase low for those whose salaries are near the will become the employee’s GS rates in the proposed system, however, for immediately after movement out of the maximum rate of the band. This Eligible performance; and arrangement imposes a reduced rate of demonstration project (before —Performance bonuses. processing any accompanying salary increases as an individual geographic move). B. Base Cost Assessment advances in the band, similar to the reduced rate of within-grade increases C. Equivalent Increase Determination In order to determine whether project in a General Schedule grade imposed by costs are being maintained at acceptable the one-year, two-year, and three-year Service under the demonstration levels, a base assessment of pre-project waiting periods. project is creditable for within-grade costs will be needed. Costs will be 5. There will be no guaranteed increase purposes upon conversion back computed as annual averages over three performance pay increase in the to the GS pay system. Performance pay pre-project years: Fiscal Years 1994, proposed system. An employee with an increases (including a zero increase) 1995, and 1996. The costs of all Eligible performance rating may, if under the demonstration project are personnel actions of types that are being ranked at or near the bottom of a peer equivalent increases for the purpose of replaced by project systems will be group, get no performance pay increase. determining the commencement of a totaled and averaged. 6. Although Pay Pool Managers will within-grade increase waiting period not be allowed, under normal under 5 CFR 531.405(b). C. Funding Pools for Performance Pay Increases and Bonuses circumstances, to exceed their allocated V. Budget Discipline pay increase and bonus pools, they will The results of the base cost be allowed to spend less than the full Each project operating unit will assessment will provide a basis for: (1) amounts of their pools. maintain compensation during the setting maximum spending limits; and 7. Funds previously used to pay cash project at the level it would have (2) constructing performance pay awards will be applied to bonus pools reached under the current system. increase and bonus funding pools by only—not to performance pay pools. Current costs will be reallocated to organization, career path, band, and cover project costs. To ensure salary. Performance pay pools for D. Budget Monitoring appropriate carryover of costs from pre- project employees will be subject to the These procedures permit changes in project to project years, a base same budgetary constraints and operating unit expenditures which assessment will be made using three reductions imposed on other result from legislatively mandated base years: Fiscal Years 1994, 1995, and Department funding allocations. Neither program changes and changes in Federal 1996. Budget discipline will be required allocations nor authorizations convey pay and benefits. The operating units and achieved by imposing specific funding. Therefore, managers will be may offset selected salary increases with funding principles (described in detail required to make payout decisions tied savings by reducing turnover, in the section on Funding Pools for to their individual budgets, within eliminating unnecessary overhead, and Performance Pay Increases and allocations. The following principles cutting other personnel costs. Bonuses). Finally, both longitudinal and will be observed: The operating units will measure their site comparisons will be used to ensure 1. In terms of career paths and bands, adherence to cost control by preparing that spending remains within acceptable costs will be kept for the most part budget estimates based on prescribed limits. where they are found in the base Federal budget processes and Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67457 monitoring actual spending under the missions and workforces of the project that the project is designed to achieve. project against these budget estimates. units. The Objectives column and the Two cost comparisons will be used: b. Periodically, the rate of increase in Interventions column together serve as salaries in the project units will be the project hypotheses; i.e., the 1. Longitudinal Comparisons compared to the rate of increase in hypotheses to be tested are that the a. Project costs will be calculated on salaries in the comparison units. objectives will be achieved by the an established schedule. c. When it is found that salaries in interventions linked to them. Most b. Costs will be compared against the project units are outpacing salaries in objectives are linked to more than one spending limits calculated from the base comparison units, and the differences intervention. Each intervention is years to ensure that budget limitations cannot be explained by non-project associated with at least one expected are not being exceeded. variables, appropriate adjustments will result. The Measures column lists c. Each year, the funding of the be made in project funding. means by which actual results will be performance pay increase and bonus measured. Other measures of results VI. Project Evaluation pools will be used as an opportunity to may be used in order to fully evaluate ‘‘balance the books.’’ That is, the The Department will arrange for the hypotheses. The Data Sources funding of the pools will be limited to annual evaluations of the project under column shows where data required for the amount that is judged to maintain an OPM-approved evaluation plan. The the measurements can be found. budget discipline. evaluation will be designed to A hypothesis will be supported—that determine whether the interventions are is, the intervention will be deemed to 2. Site Comparisons achieving the goals and objectives of the have achieved the objective—when a. A number of non-project units will project within acceptable cost limits. actual results are found to match be selected from within the Department (See Costs.) expected results. Tests of hypotheses to serve as comparison sites. The The following table lays out the will be made by comparing results to comparison sites will be selected to project evaluation model, beginning appropriately defined comparison reflect, as nearly as possible, the with and flowing from the objectives groups.

TABLE 5.ÐPROJECT EVALUATION MODEL

Objectives Interventions Expected results Measures Data sources

Increased quality of new Agency-Based Staffing ..... Hiring officials will be able • Hiring officials' judg- • Interviews with hiring of- hires; improved fit be- to focus on more rel- ments of the improve- ficials. tween position require- evant recruiting sources ment in the quality of • Focus groups. ments and individual and avoid losing can- new hires. • HRM office records on qualifications; greater didates who grow impa- • Hiring officials' judg- offers and acceptances. likelihood of getting a tient with long hiring ments of improvements • Periodic employee/su- highly qualified candidate. processes. in the fit of qualifications pervisor surveys. of new hires. • Exit interviews. • Rate of acceptance of offers. Direct Examination ...... For skill areas in which • Hiring officials' judg- • Interviews with hiring of- well qualified individuals ments of the improve- ficials. are hard to find, man- ment in the quality of • Focus groups. agers will be able to hire new hires. • HRM office records on good candidates as they • Hiring officials' judg- offers and acceptances. find them, thus avoiding ments of improvements • Periodic employee/su- the loss of well qualified in the fit of qualifications pervisor surveys. individuals through of new hires. delays. • Rate of acceptance of offers. Broad-band Classification Broad bands and flexible • Hiring officials' judg- • Interviews with hiring of- System, in conjunction entry salaries within ments of the improve- ficials. with Flexible Entry Sala- bands provide a more ment in the quality of • Focus groups. ries. competitive range of new hires. • HRM office records on entry salaries for man- • Hiring officials' judg- offers and acceptances. agers to use in negotiat- ments of improvements • Periodic employee/su- ing with candidates, thus in the fit of qualifications pervisor surveys. increasing the ability to of new hires. hire highly qualified can- • Rate of acceptance of didates. offers. More Flexible Paid Adver- Managers will be able to Number of selections re- HRM office records. tising. make greater use of sulting from paid adver- paid advertising, thus tising. expanding the scope of recruiting efforts or fo- cusing the recruitment effort on specialized sources. 67458 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

TABLE 5.ÐPROJECT EVALUATION MODELÐContinued

Objectives Interventions Expected results Measures Data sources

3-Year Probationary Pe- Greater likelihood that sci- Number of scientists and • Automated history file riod for Scientists and entists and engineers engineers released dur- data. Engineers. who are retained after ing probation after the • HRM office records. probation will be capa- first year. ble of the full range of R&D functions. Local Authority for Recruit- The ability of managers to Number of selections • HRM office records. ment Payments. grant recruitment pay- made for which the re- • Interviews with hiring of- ments during negotia- cruitment payment was ficials. tions with highly quali- instrumental in attracting • Focus groups. fied candidates will in- the candidate. crease competitiveness. Increased retention of good Broad-Band Classification Broad-banding gives an Turnover rates among Automated history file performers. System. operating unit the ability good performers. data. to raise the pay of good Turnover rates of low per- performers to higher and formers. more competitive levels, thus improving retention of good performers. Performance-Based Pay Performance-based pay Turnover rates among • Automated history file Increases. increases give an oper- good performers. data. ating unit the ability to • Interviews with hiring of- raise the pay of good ficials. performers more rapidly, • Focus groups. thus improving retention of good performers. Bonuses ...... The ability to reward the Turnover rates compared Automated history file accomplishments of to size of bonus. data. good performers will make them more likely to remain. Local Authority for Reten- The ability of managers to A count of the instances in • HRM office records. tion Payments. grant retention pay- which a retention pay- • Interviews with hiring of- ments will improve their ment is instrumental in ficials. ability to retain employ- retaining an employee • Focus groups. ees in critical skill areas who would otherwise in a job-related course have left. of study. Supervisory Performance The ability to raise the pay Turnover rates among su- Automated history file Pay. of high-performance su- pervisors in relation to data. pervisors to higher lev- pay and performance. els will make their sala- ries more competitive, improving retention. More Flexible Pay In- Flexible pay increases Turnover rates in relation Automated history file crease Upon Promotion. upon promotion gives an to pay and performance. data. operating unit the ability to raise the pay of high- performing employees and employees in critical skill areas to higher and more competitive levels, thus improving their re- tention. Improved individual and or- Two-Level, 100-Point, This system will more ef- Judgments of Pay Pool • Interviews with hiring of- ganizational performance. Peer Group Perform- fectively communicate to Managers, Rating Offi- ficials. ance Appraisal System. employees how they are cials, and Employees. • Periodic employee/su- performing in relation to pervisor surveys. their peers, the con- • Focus groups. sequences of poor per- formance, and the re- wards for good perform- ance. Pay Increases Linked to The promise of higher pay Judgments of managers, • Periodic employee/su- Performance. increases for high supervisors, and em- pervisor surveys. achievement will encour- ployees. • Focus groups. age improved perform- ance. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67459

TABLE 5.ÐPROJECT EVALUATION MODELÐContinued

Objectives Interventions Expected results Measures Data sources

Supervisory Performance The promise of higher pay Judgments of higher-level • Management interviews. Pay. levels for effective su- managers. pervision will encourage improved supervisory performance. Bonuses Linked to Per- The promise of bonuses Judgments of managers, • Periodic employee/su- formance. for good performance supervisors, and em- pervisor surveys. will encourage improved ployees. • Focus groups. performance. Hiring interventions (listed By improving the quality of Judgments of managers • Interviews with hiring of- above). new hires, the hiring and supervisors. ficials. interventions will gradu- • Focus groups. ally produce a higher- performing workforce. Retention Interventions By improving the retention Judgments of managers • Interviews with hiring of- (listed above). of good performers, the and supervisors. ficials. quality of the workforce • Focus groups. will be higher than it oth- erwise would be. More effective human re- Broad-Band Classification The broad-band classifica- Judgments of managers, • Interviews with man- sources management. tion system will be sim- supervisors, and em- agers. pler to use, more under- ployees. • Periodic employee/su- standable to managers pervisor surveys. and employees, and more accurate. More effective human re- Delegated Classification Line managers understand Judgments of managers • Interviews with hiring of- sources management Authority to Managers. the organizational mis- and supervisors. ficials. (cont.) sion and the work relat- • Periodic employee/su- ed to the mission and pervisor surveys. are therefore better pre- Focus groups. pared to classify the work. Delegated Pay Authority to Line managers are in a Judgments of managers • Interviews with hiring of- Managers. better position to under- and supervisors. ficials. stand the labor market • Focus groups. forces related to the work they manage and will therefore be more effective pay mangers. More efficient human re- Automated Broad-Band The broad-band classifica- • Judgments of managers • Interviews with hiring of- sources management. Classification System. tion system will be sim- and supervisors. ficials. pler, faster, easier to • Time required to • Periodic employee/su- automate, require fewer produce position de- pervisor surveys. resources to operate, scriptions and classify • Focus groups. and involve fewer classi- positions. • HRM office records. fication decisions. • Number of classification • Automated history file. decisions. Support for EEO/Diversity Hiring Interventions (listed Managers will be able to • Increases in the num- • HRM and EEO records goals in recruiting, re- above). hire good minority can- bers of minorities hired. on offers and accept- warding, paying, and re- didates as they find ances. taining minorities; provid- them, thus avoiding the ing opportunities for a di- loss of well qualified mi- verse workforce; and in norities through delays. maximizing contributions of all employees. Performance-Based Pay Performance-based pay Comparisons between pay • HRM records. Increases. increases give an oper- of minorities and non- ating unit the ability to minorities. raise the pay of good performers. Bonuses ...... The ability to reward good Comparisons between the • HRM records. performers will allow bonuses received by mi- managers to more easily norities and non-minori- recognize the perform- ties. ance of minorities. 67460 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

TABLE 5.ÐPROJECT EVALUATION MODELÐContinued

Objectives Interventions Expected results Measures Data sources

Pay Interventions (listed Supervisory pay bands, Comparisons between the • HRM records. above). flexible pay increases salaries of minorities upon promotion, and and non-minorities. flexible entry salaries will allow managers greater flexibilities in paying minorities at competitive salaries. Retention Interventions Broad-banding, flexibilities Turnover rates of minori- • Automated history file (listed above). in setting pay, perform- ties in relation to pay for data/EEO records. ance pay increases, and performance. bonuses, will make it easier for supervisors to retain good performing minorities.

VII. Project Management Management Board to oversee local for Human Resources Management will operations. serve as Executive Secretary. Each The Office of Personnel Management The Director of NIST will chair the OPMB will typically be chaired by the will oversee the project under its Departmental Personnel Management senior manager designated to serve on demonstration project authority in 5 Board through the first cycle. After the the DPMB. The operating units will U.S.C. 4703. The DoC Departmental first cycle, chairmanship of the Board appoint other key managers to their Personnel Management Board will will be assumed by one of the members boards as they think appropriate. manage the project at the Department of the Board. The DPMB members will level. Each major operating unit will be senior managers of the operating The following table lists the separate have its own Operating Personnel units in the project. The DoC Director responsibilities of these three bodies.

TABLE 6.ÐPROJECT AUTHORITIES

Project authorities Arena OPM DPMB OPMB

General ...... • Final approval authority for the • Approval authority within the • Establishing operating unit Project Plan, operating proce- Department for the Project Plan project guidelines within the dures, and any future changes and operating procedures. Project Plan, operating proce- to the plan or operating proce- • Approval authority within the dures, and DPMB policies. dures. Department for proposing • Management of authorities out- changes in the Project Plan or lined below and any additional operating procedures to OPM. athorities delegated by the DPMB. • Monitoring the success of • Delegating authority to man- project interventions so as to agers within the operating unit, propose appropriate mid-course including the withdrawal of au- corrections to OPM. thority when warranted. • Setting project policies within • Assuring adequate resources the parameters of the Project for implementing and operating Plan and operating procedures. the project within the operating • Delegating authority to OPMBs, unit. including the withdrawal of au- • Overseeing training of operating thority when warranted. unit managers, employees, and • Exercising the authority to make support staff in project policies exceptions to normal project and procedures. procedures on a case-by-case basis when it believes an ex- ception is warranted (the OPMBs will not have this au- thority). • Assuring adequate resources for designing, implementing, and operating the project. • Establishing a training plan to train managers, employees, and support staff in project policies and procedures. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67461

TABLE 6.ÐPROJECT AUTHORITIESÐContinued

Project authorities Arena OPM DPMB OPMB

Position Classification ...... • Approval of the project Classi- • Setting project classification pol- • Establishing operating unit clas- fication Interventions. icy within the Project Plan and sification guidelines within the operating procedures. Project Plan, operating proce- • Approving automated classifica- dures, and DPMB policies. tion systems and classification • Delegating classification author- standards. ity to operating unit managers. • Establishing career ladders. • Ensuring proper classification of positions within the operating unit. • Resolving issues in operating unit classifications. • Approving or delegating the ap- proval of new specialty descriptors. Staffing ...... • Approval of the project Staffing • Approving project staffing poli- • Establishing operating unit staff- Interventions. cies. ing guidelines within the Project • Establishing policy and criteria Plan, operating procedures, and for recruiting and retention pay- DPMB policies. ments. • Approving or delegating the ap- proval of individual recruiting and retention payments. • Establishing career ladders. • Approving use of recruiting services. • Delegating and overseeing use of paid advertising. • Overseeing the application of the three-year probationary pe- riod. • Establishing operating unit prac- tices on vacancy distribution, opening timeframes, and similar local issues. Reduction in Force ...... • Approval of the project reduc- • Approving project reduction-in- • Establishing operating unit re- tion-in-force Interventions. force policies. duction-in-force guidelines with- in the Project Plan, operating procedures, and DPMB policies. • Establishing procedures on op- erating unit competitive levels. • Establishing guidelines for, and overseeing, reductions in force within the operating unit. Pay Administration ...... • Approval of the project Pay Ad- • Approving project pay adminis- • Establishing operating unit pay ministration Interventions. tration and pay for performance guidelines within the Project polices. Plan, operating procedures, and • Approving project pay tables .... DPMB policies. • Approving performance pay in- • Establishing operating unit per- crease ranges. formance pay increase pools. • Approving automated perform- • Establishing operating unit ance pay increase systems. guidelines and delegating ap- • Approving formulas used to de- proval authorities for setting pay velop performance pay increase levels for new hires and pro- pools. motions. Performance Evaluation ...... • Approval of the project Perform- • Approving project performance • Establishing operating unit per- ance Evaluation Interventions. evaluation policies. formance evaluation guidelines • Approving project-wide forms within the Project Plan, operat- for performance plans and ap- ing procedures, and DPMB poli- praisals and for recording out- cies. comes. • Overseeing the operating unit annual performance appraisal process, from development of plans to individual pay in- creases and bonuses. •• • Establishing operating unit guidelines on performance ele- ments. •• • Delegating rating, review, and pay pool management authori- ties. 67462 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

TABLE 6.ÐPROJECT AUTHORITIESÐContinued

Project authorities Arena OPM DPMB OPMB

Bonuses ...... • Approval of the project Bonus • Approving project bonus poli- • Establishing operating unit Interventions. cies. bonus guidelines within the • Delegating bonus limits to Project Plan, operating proce- OPMBs. dures, and DPMB policies. • Delegating bonus limits to pay pool managers. • Establishing operating unit bonus pools. Costs and Budget Discipline ...... • Approval of the project cost • Approving project budget poli- • Establishing and overseeing op- plan. cies. erating unit budget procedures. • Assuring operating unit budget discipline. • Designating pay pool man- agers. • Establishing and overseeing the use of operating unit perform- ance pay increase and bonus pools. Project Evaluation ...... • Approval of the project Evalua- • Approving the approach for se- • Overseeing and assuring oper- tion Model. lecting an evaluator to carry out ating unit participation in project • Approval of evaluation reports .. the annual project evaluation. evaluations, including data col- • Assuring adequate resources lection, focus group participation for project evaluation. by operating unit employees, • Approving project policies for in- and availability of managers for ternal Departmental assess- interviews. ments. • Approving objectives and proce- dures for internal operating unit assessments.

VIII. Training Rating Official and Pay Pool Manager rights and grievance procedures. The project operating units will will be trained in the automated Employees will be given ample schedule training for managers, performance pay increase system. opportunity to ask questions at the supervisors, employees, and support During the simulation, Rating Officials presentations and will be given the staff. and Pay Pool Managers will carry out names and numbers of individuals to the appraisal, scoring, rating, and call if they have questions later. A. Manager and Supervisor Training performance pay increase process just as In addition to the general The operating units will give they would at the end of a performance presentations that will be scheduled for managers and supervisors general year, but for training purposes only. The all employees, supervisors will be training in the overall features of the results will not be official and will not instructed to pass along more project and specific hands-on training in be communicated to employees. This individualized information about the the new authorities they are to exercise. training exercise was used in the first system in conjunction with the Computer training facilities will be used year of the NIST project and was found implementation of those systems. For to teach managers and supervisors how to be an effective approach to revealing example, at the time supervisors give to use the automated classification and correcting problems and employees their new project position system to produce position descriptions. misunderstandings prior to the real end- descriptions, the supervisors will The classification training will of-year process. explain the position descriptions, the emphasize principles of project B. Employee Training process that produced them, and the classification, such as the classification process for keeping them current. Also, logic embedded in the automated Through general presentations, at the time of the performance appraisal classification system, career path handouts, and direct training from simulation, supervisors will explain to coverage criteria, occupational series supervisors, employees will be given an employees how they fit into the definitions and coverage, proper understanding of project systems and performance scoring and peer-group classification by bands in accordance how those systems affect them. ranking process and how the process with project classification standards, In the general presentations leads to decisions on performance pay sound titling practices, and economic scheduled for everyone covered by the increases. and effective position management. project, employees will be led through C. Support Staff Training Managers and supervisors will also be all project systems, from classification given specific training in performance to pay administration to pay for There are three categories of support appraisal and pay for performance. A performance. As each system is staff: (1) Personnel specialists in the key part of this training will be a presented, it will be contrasted with the various HRM offices serving project simulation of the performance General Schedule system so employees operating units; (2) budget specialists in evaluation and rewards system prior to can see how the system is changing and operating unit budget offices assigned to the actual end-of-year performance how the changes affect them. The monitor and advise on budget discipline evaluation. Prior to the simulation, each presentations will also cover employee issues and specifically to assist in Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67463 establishing performance pay increase Section 5304 Locality-based Section 351.403 Competitive level in and bonus pools; and (3) administrative comparability payments RIF officers in the operating units, who will Section 5305 Special Pay Authority Section 351.504 Credit for assist in processing personnel actions, Subchapter III of chapter 53 General performance distributing local performance pay Schedule Pay Rates Section 351.701 Assignment involving increase and bonus pools, and Subchapter VI of chapter 53 Grade displacement electronically transmitting Pay Pool and Pay Retention Part 511 Classification under the Manager decisions to the automated (Waiver is applicable only to allow General Schedule payroll system. the following modifications: (1) Using Part 530 Subpart C, Special salary rate Two of the HRM offices that will bands in lieu of grades; (2) providing no schedules serve project operating units have band retention if reduction in band is served the NIST Demonstration Project Part 531 Pay under the General caused by employee’s pay being Schedule since its implementation in 1988. These exceeded by band minimum rate; (3) Part 536 Grade and Pay Retention two offices will help train personnel providing no pay retention upon specialists in the other HRM offices. reduction in pay caused solely by (Waived only to allow the following Budget specialists in the operating geographic movement; (4) providing no modifications: (1) Using bands in lieu of units, besides receiving the general pay retention upon conversion to the grades; (2) providing no band retention employee training, will receive advice General Schedule as long as the if reduction in band is caused by from a NIST budget specialist and will employee’s total rate of pay is not employee’s pay being exceeded by band receive further training on the reduced; and (5) providing no pay minimum rate; (3) providing no pay distribution of performance pay increase retention upon cancellation of retention upon reduction in pay caused and bonus pools during the simulation supervisory performance pay). solely by geographic movement; (4) of the performance evaluation and Section 5753–5754 Recruitment and providing no pay retention upon rewards system. Administrative officers relocation bonuses; Retention conversion to the General Schedule as will be invited to take part in the allowances (except that relocation long as the employee’s total rate of pay supervisory training sessions and will bonuses under Section 5753 continue to is not reduced; and (5) providing no pay also receive further training during the apply) retention upon cancellation of simulation of the performance Section 7512(3) Actions covered supervisory performance pay.) evaluation and rewards system. (Waiver is applicable only to use Section 550.703 Definition of IX. Experimentation and Revision bands in lieu of grades and to exclude reasonable offer Many aspects of a demonstration from section 7512(3) reductions in band (Waiver is applicable only to allow project are experimental. Modifications not accompanied by a reduction in pay, substitution of (1) ‘‘one band’’ for ‘‘two must be made from time to time as due to the employee’s pay being grade or pay levels’’ and ‘‘two grades’’ experience is gained, results are exceeded by the band minimum rate.) and (2) ‘‘band’’ for ‘‘grade.’’) analyzed, and conclusions are reached Section 7512(4) Actions covered Part 575, Subpart A, Recruitment on how the system is working. The (Waiver is applicable only to allow bonuses DPMB, with OPM approval, will the following modifications: (1) Exclude Part 575, Subpart C, Retention authorize minor modifications, such as reductions in pay that are solely due to allowances changes in the occupational series in a recomputation upon geographic Section 752.401(a)(3) Coverage, career path, without further notice. movement; (2) exclude conversions to Reductions in grade Major changes, such as a change in the GS pay that do not result in a reduction (Waiver is applicable only to use number of career paths, will require in the employee’s total rate of pay; and bands in lieu of grades and to exclude OPM approval and will be published in (3) exclude reductions in pay due to the reductions in band not accompanied by the Federal Register. cancellation of supervisory performance a reduction in pay due to the pay.) X. Authorities and Waiver of Laws and employee’s pay being exceeded by the Regulations Required Title 5, Code of Federal Regulations band minimum rate.) The following waivers of law and Section 315.801 Probationary period; Section 752.401(a)(4) Coverage, regulation are necessary: when required Reductions in pay Title 5, U.S. Code (Waived only for research and (Waiver is applicable only to exclude Section 3308 Competitive Service; development positions in the Scientific reductions in pay that are solely due to examinations, educational requirements and Engineering Career path). recomputation upon geographic prohibited; exceptions Section 315.802 Length of movement; (2) exclude conversions to Section 3502(a)(4) Order of retention probationary period GS pay that do not result in a reduction in the employee’s total rate of pay; and (Waiver is applicable to allow the use (Waived only for positions in the (3) exclude reductions in pay due to the of ‘‘performance scores’’ in lieu of Scientific and Engineering Career path). cancellation of supervisory performance ‘‘efficiency or performance ratings.’’) Section 351.401 Determining retention pay.) Chapter 51 Classification standing Section 5303 Annual adjustments to Section 351.402 Competitive area in [FR Doc. 97–33458 Filed 12–23–97; 8:45 am] pay schedules RIF BILLING CODE 6325±01±P federal register December 24,1997 Wednesday Comment Period;ProposedRule Hazardous AirPollutants;Extensionof Amended ProposedTestRulefor 40 CFRPart799 Protection Agency Environmental Part III 67465 67466 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

ENVIRONMENTAL PROTECTION described in this action, and to No. 7647–01–0), hydrogen fluoride AGENCY comment accordingly. (CAS No. 7664–39–3), maleic anhydride DATES: Written comments on this (CAS No. 108–31–6), methyl isobutyl 40 CFR Part 799 proposed rule must be received by EPA ketone (CAS No. 108–10–1), methyl on or before February 9, 1998. The methacrylate (CAS No. 80–62–6), [OPPTS±42187L; FRL±5742±2] public comment period on the June 26, naphthalene (CAS No. 91–20–3), phenol 1996 proposed rule is being extended (CAS No. 108–95–2), phthalic RIN 2070±AC76 from January 9, 1998 to February 9, anhydride (CAS No. 85–44–9), 1,2,4– Amended Proposed Test Rule for 1998. trichlorobenzene (CAS No. 120–82–1), Hazardous Air Pollutants; Extension of ADDRESSES: Submit three copies of 1,1,2-trichloroethane (CAS No. 79–00– Comment Period written comments on the proposed 5), and vinylidene chloride (CAS No. HAPs test rule, as amended, identified 75–35–4). AGENCY: Environmental Protection by document control number (OPPTS– The Agency also offered to consider Agency (EPA). 42187A; FRL–4869–1) to: U.S. the use of PK and other mechanistic ACTION: Amended proposed rule; Environmental Protection Agency, data as a means to permit route-to-route extension of comment period. Office of Pollution Prevention and extrapolation of data from the existing Toxics (OPPT), Document Control chemical data base as an alternative to SUMMARY: EPA is amending the Office (7407), Rm. G–099, 401 M St., conducting some or all of the testing proposed rule issued under section 4(a) SW., Washington, DC 20460. See Unit that would be required under the of the Toxic Substances Control Act V. of this preamble for further proposed HAPs test rule. Since this (TSCA) (61 FR 33178, June 26, 1996) instructions. original proposal, EPA has promulgated that would require manufacturers and Comments and data may also be eleven new TSCA health effects test processors to test those hazardous air submitted electronically to guidelines, received eight ECA pollutants (HAPs) specified in the [email protected]. Follow the proposals for PK studies and prepared proposal for certain health effects. instructions under Unit V. of this preliminary technical analyses for each Under this amended HAPs test rule document. No confidential business of these PK proposals, and updated the proposal (‘‘amended HAPs proposal’’), information (CBI) should be submitted economic assessment in light of the EPA would require that testing be through e-mail. changes to the guidelines that are conducted using eleven TSCA health FOR FURTHER INFORMATION CONTACT: For explained in this amended HAPs test effects test guidelines issued by EPA on general information: Susan B. Hazen, rule proposal. In addition, EPA has August 15, 1997 (62 FR 43820), codified Director, Environmental Assistance identified needed changes and at 40 CFR part 799, subpart H, instead Division (7408), Rm. ET–543B, Office of clarifications to the proposed HAPs test of the eleven OPPTS draft harmonized Pollution Prevention and Toxics, U.S. rule. This action amends the original test guidelines cross-referenced in the Environmental Protection Agency, 401 HAPs proposal to include these changes June 26, 1996 proposed rule. The M St., SW., Washington, DC 20460; and clarifications. Agency is soliciting comments on the telephone: (202) 554–1404; TDD: (202) For all aspects of the original HAPs application of these part 799 test 554–0551; e–mail: TSCA– test rule proposal that are not addressed guidelines to the amended proposed [email protected]. For technical by this amended proposal, the HAPs test rule. In addition, the Agency information contact: Richard W. discussion in the preamble of the is amending the proposed HAPs test Leukroth, Jr. , Project Manager, original HAPs test rule proposal rule by removing the testing Chemical Control Division (7405), continues to apply. requirements for phenol; specifying Office of Pollution Prevention and Table of Contents export notification requirements; Toxics, U.S. Environmental Protection I. Background reviewing the status of the proposals for Agency, 401 M St., SW., Washington, II. TSCA Test Guidelines for HAPs enforceable consent agreements (ECAs) DC, 20460; telephone: (202) 260–0321; Chemicals fax: (202) 260–8850; e-mail: A. Background to Test Guidelines Used in for pharmacokinetics (PK) studies this Amendment submitted by industry; revising the [email protected]. B. Summary of Basic Testing Requirement economic assessment; including SUPPLEMENTARY INFORMATION: In the Changes Proposed by this Amendment additional support documents in the Federal Register of June 26, 1996 (61 FR III. Changes and Clarifications rulemaking record; and describing other 33178), EPA issued a proposed test rule A. Phenol—Removal of Testing changes and clarifications to the for the following hazardous air pollutant Requirements proposed test rule. In addition, EPA is chemicals that would require health B. Export Notification Requirements inviting ECA proposals for all of the effects testing to be conducted using C. Persons Required to Test HAPs chemicals for which PK proposals eleven draft harmonized test guidelines D. Testing Subject to GLP Requirements E. Cresols—Clarification of Test Substances have not been received to provide for developed by EPA’s Office of F. Use of Acute and Non-Acute Data in alternative testing to meet the Prevention, Pesticides and Toxic Residual Risk Determinations requirements contained in the proposed Substances (OPPTS): 1,1’-biphenyl (CAS G. Submission of Equivalence Data HAPs test rule, as amended in this No. 92–52–4), carbonyl sulfide (CAS No. H. Other Changes to Regulatory Text notice. 463–58–1), chlorine (CAS No. 7782–50– IV. Status of Proposals for EPA is also extending the public 5), chlorobenzene CAS No. 108–90–7), Pharmacokinetics Studies and Other comment period in order to provide chloroprene (CAS No. 126–99–8), ortho- Proposals for Enforceable Consent interested individuals with sufficient cresol (CAS No. 95–48–7), meta-cresol Agreements and Orders time to consider the effects of the newly (CAS No. 108–39–4), para-cresol (CAS A. Proposals for PK Studies B. Other Proposals for ECAs promulgated TSCA test guidelines No. 106–44–5), diethanolamine (CAS C. The ECA Negotiation Process referenced in enforceable test standards No. 111–42–2), ethylbenzene (CAS No. V. Public Record and Electronic in this amended HAPs proposal, the 100–41–4), ethylene dichloride (CAS Submissions economic assessment for this No. 107–06–2), ethylene glycol (CAS VI. Regulatory Assessment Requirements amendment, and other changes No. 107–21–1), hydrochloric acid (CAS A. Economic Assessment Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67467

B. Executive Order 12866 and Executive to respond to the PK ECA proposals are made mandatory to provide for Order 12898; Unfunded Mandates Reform submitted by industry. enforceability. Table 1 in § 799.5053 of Act By this action, EPA is extending the this amended proposal shows how the C. Regulatory Flexibility Act public comment period of the original TSCA test guidelines would be D. Paperwork Reduction Act HAPs proposed rule from January 9, E. Executive Order 13045 referenced in enforceable test standards 1998 to February 9, 1998. This for the HAPs test rule. I. Background extension of the comment period is An explanation of the process by On June 26, 1996 (61 FR 33178), EPA needed to provide commenters with which the TSCA test guidelines were proposed, under TSCA section 4(a), 15 sufficient time to consider the effects of developed from the OPPTS draft U.S.C. 2603(a), the testing of 21 HAPs the TSCA test guidelines, the economic harmonized test guidelines, along with for certain health effects (the ‘‘original assessment for the amended HAPs a discussion of the significant changes HAPs test rule proposal’’). The proposal proposal and other changes described in made to the draft harmonized guidelines also invited the submission of proposals this action, and to comment in developing the TSCA guidelines, is for enforceable consent agreements accordingly. described in the final rule adding the (ECAs) for the HAPs chemicals which II. TSCA Test Guidelines for HAPs new TSCA test guidelines to 40 CFR would include pharmacokinetics (PK) Chemicals part 799, subpart H (62 FR 43820, studies (61 FR 33178, 33189). On August 15, 1997) (FRL–5719–5). The September 11, 1996 (61 FR 47853) A. Background to Test Guidelines Used official record for the rulemaking for the (FRL–5395–9), EPA announced a public in this Amendment TSCA test guidelines has been meeting on the proposed HAPs test rule. The original proposed HAPs test rule established under document control The public meeting was held on October cross-referenced eleven draft number OPPTS–42193, and has been 1, 1996; a transcript of the meeting is harmonized health effects test included in the record for this included in the record for this guidelines developed by the Office of rulemaking. This record contains the rulemaking. In response to requests Pollution Prevention and Toxic basic information considered by EPA in from industry, on October 2, 1996, EPA Substances (OPPTS) of the EPA. These developing the TSCA test guidelines. held a meeting with potential submitters draft OPPTS harmonized guidelines had The record includes the OPPTS draft of alternative testing proposals that previously been made available for harmonized health effects test would include PK studies. At this public comment in the Federal Register guidelines, references contained in the meeting, EPA clarified the types of of June 20, 1996 (61 FR 31522 (FRL– TSCA test guidelines, an explanation of information the Agency was seeking in 5367–7)). The draft harmonized the process of developing OECD test the PK ECA proposals. A copy of the guidelines were designated as the guidelines for genetic toxicity with meeting summary is included in the OPPTS draft Series 870 test guidelines EPA’s role in this international process, record for this rulemaking. in the June 20, 1996 Federal Register and the final report of the Scientific The deadline for written comments on announcement. In the original HAPs Advisory Panel that provided peer the proposed HAPs test rule contained proposal, EPA stated that it was review comments to EPA which were in the June 26, 1996 Federal Register considering one of three alternative considered by the Agency in developing proposal was December 23, 1996. EPA approaches for referencing test the OPPTS final harmonized guidelines. has successively extended the comment guidelines in the test standards B. Summary of Basic Testing period on this proposed rule as follows: proposed for HAPs testing (61 FR 33178, Requirement Changes Proposed by this On October 18, 1996 (61 FR 54383) 33187). Deficiencies with each of the Amendment (FRL–5571–3), the comment period was three approaches led EPA to promulgate extended from December 23, 1996 to eleven TSCA health effect guidelines on The eleven TSCA test guidelines January 31, 1997; on December 23, 1996 August 15, 1997 (62 FR 43820), codified which are specified as basic testing (61 FR 67516) (FRL–5580–6), it was at 40 CFR part 799, subpart H. EPA is requirements in Table 1 of § 799.5053 extended from January 31, 1997 to proposing to cross-reference these that EPA is proposing to use for testing March 31, 1997; on February 28, 1997 guidelines in the test standards the chemicals in the HAPs test rule are (62 FR 9142) (FRL–5592–1), it was proposed for HAPs testing, and intends as follows: extended from March 31, 1997 to April to cross-reference them, as appropriate, 1. TSCA acute inhalation toxicity 30, 1997; on March 28, 1997 (62 FR in subsequent TSCA section 4(a) test with histopathology, 40 CFR 799.9135. 14850) (FRL–5598–4), it was extended rules. Until the establishment of the 2. TSCA subchronic inhalation from April 30, 1997 to June 30, 1997; on new TSCA test guidelines in subpart H, toxicity, 40 CFR 799.9346. May 30, 1997 (62 FR 29318) (FRL–5831– EPA had been cross-referencing in test 3. TSCA prenatal developmental 6), it was extended from June 30, 1997 rules an earlier set of TSCA test toxicity, 40 CFR 799.9370. to August 15, 1997; on July 15, 1997 (62 guidelines in 40 CFR parts 795 through 4. TSCA reproduction and fertility FR 37833) (FRL–5732–2), it was 798, originally promulgated in 1985 (50 effects, 40 CFR 799.9380. extended from August 15, 1997 to FR 39252, September 27, 1985). 5. TSCA carcinogenicity, 40 CFR September 30, 1997; on September 26, The Agency, in developing the TSCA 799.9420. 1997 (62 FR 50546) (FRL–5748–8), it test guidelines established in part 799, 6. TSCA bacterial reverse mutation was extended from September 30, 1997 subpart H, adopted seven of the OPPTS test, 40 CFR 799.9510. to December 1, 1997; and on November final harmonized test guidelines and 7. TSCA in vitro mammalian cell gene 28, 1997 (62 FR 63299) (FRL–5759–2), it four guidelines developed by the mutation test, 40 CFR 799.9530. was extended from December 1, 1997 to Organization for Economic Cooperation 8. TSCA mammalian bone marrow January 9, 1998. These extensions to the and Development (OECD). The only chromosomal aberration test, 40 CFR comment period were necessary to significant difference between the TSCA 799.9538. allow the Agency more time to finalize test guidelines and the OPPTS final 9. TSCA mammalian erythrocyte eleven TSCA health effects test harmonized test guidelines is that micronucleus test, 40 CFR 799.9539. guidelines to be cross-referenced in this certain recommended procedures in the 10. TSCA neurotoxicity screening amended HAPs test rule proposal, and OPPTS final harmonized test guidelines battery, 40 CFR 799.9620. 67468 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

11. TSCA immunotoxicity, 40 CFR test guidelines would not provide a 870.5300 ‘‘In vitro mammalian cell gene 799.9780. sufficient basis for developing OPPTS mutation test,’’ which in turn, provided EPA is proposing to use the TSCA test final harmonized test guidelines for the basis for TSCA test guideline guideline § 799.9370 ‘‘TSCA prenatal genotoxicity and looked to international § 799.9530 ‘‘TSCA in vitro mammalian developmental toxicity’’ as the basic efforts begun in 1989 by the OECD to cell gene mutation test.’’ testing requirement for developmental develop an internationally accepted set The OECD final revision guideline toxicity testing in this amended of genotoxicity test guidelines. By 475 ‘‘Mammalian bone marrow proposal. This guideline is based on the September 1996, four OECD chromosome aberration test’’ was OPPTS final harmonized 870.3700 genotoxicity test guidelines had adopted as OPPTS final harmonized test guideline entitled ‘‘Prenatal undergone extensive peer review and guideline, 870.5385 ‘‘Mammalian bone Developmental Toxicity Study’’ (to be revision that included participation by marrow chromosomal aberration test,’’ published when all OPPTS harmonized U.S. scientific experts in the area of which in turn, provided the basis for health effects guidelines have been genotoxicity. The four OECD final TSCA test guideline § 799.9538 ‘‘TSCA finalized). The original HAPs proposal revision genotoxicity test guidelines mammalian bone marrow chromosomal cross-referenced OPPTS draft 870.3600 were approved by the member countries aberration test.’’ ‘‘Inhalation Developmental Toxicity of the OECD in September 1996. In Study’’ as the guideline for the The OECD final revision test February 1997, these four genotoxicity guideline 474 ‘‘Mammalian erythrocyte developmental toxicity endpoint. The guidelines were read from the OECD Agency prefers the approach taken by micronucleus test’’ was adopted as homepage (http://www.oecd.org/ehs/ OPPTS final harmonized test guideline, the OPPTS final harmonized 870.3700 test/testlist.htm). OPPTS reformatted guideline (the basis for the TSCA 870.5395 ‘‘Mammalian erythrocyte these documents and designated them micronucleus test,’’ which in turn, § 799.9370 guideline) over that taken by as OPPTS final Series 870 harmonized the OPPTS draft 870.3600 guideline provided the basis for TSCA test test guidelines, to be published when all guideline § 799.9539 ‘‘TSCA because the OPPTS final harmonized OPPTS harmonized health effects 870.3700 guideline provides a broader mammalian erythrocyte micronucleus guidelines have been finalized. These test.’’ testing approach. Furthermore, the four Series 870 final OPPTS harmonized OPPTS final harmonized 870.3700 test guidelines were adopted and EPA has documented the Agency’s guideline incorporates the testing published as TSCA test guidelines at 40 participation in the OECD revision specifications included in the OPPTS CFR part 799, subpart H (62 FR 43820, process for updating the genotoxicity draft 870.3600 guideline. August 15, 1997). test guidelines (U.S. EPA Memorandum, The original HAPs proposal cross- In summary, the genotoxicity test March 10, 1997 (a)), the relationship referenced four OPPTS draft Series 870 guidelines to be cross-referenced as among the OPPTS draft Series 870 harmonized genotoxicity test guidelines: basic testing requirements by this harmonized genotoxicity test guidelines 870.5385 ‘‘In vivo Mammalian amended HAPs proposal were cross-referenced in the original HAPs Cytogenetics Tests: Bone Marrow developed based on the following test rule proposal, the OECD test Chromosomal Analysis;’’ 870. 5395 ‘‘In documents: guidelines, and the OPPTS final Series vivo Mammalian Cytogenetics Tests: The OECD final revision test 870 harmonized test guidelines (U.S. Erythrocyte Micronucleus Assay;’’ guideline 471/472 ‘‘Bacterial reverse EPA Memoranda, February 27, 1997; 870.5100 ‘‘Escherichia coli WP2 and mutation assay’’ was adopted as OPPTS and March 10, 1997(b)), and the WP2 uvrA Reverse Mutation Assays;’’ final harmonized test guideline, relationship between the TSCA 40 CFR and 870.5300 ‘‘Detection of Gene 870.5100 ‘‘Bacterial reverse mutation part 799 series test guidelines and the Mutations in Somatic Cells in Culture.’’ test,’’ which in turn, provided the basis OECD test guidelines in the record for See Unit IV.C. ‘‘Test Guidelines’’ of the for TSCA test guideline § 799.9510 this rulemaking (see also 62 FR 43820, original HAPs test rule proposal and ‘‘TSCA bacterial reverse mutation test.’’ August 15, 1997). Copies of these Table 1 in § 799.5053 of the original The OECD final revision test documents are available as described in HAPs proposal (61 FR 33178, 33187, guideline 476 ‘‘In vitro mammalian cell Unit V. of this preamble. 33197–33199). OPPTS later determined gene mutation test’’ was adopted as These changes are summarized in the that the above-referenced genotoxicity OPPTS final harmonized test guideline, following Table 1. Table 1.ÐList of TSCA Test Guidelines Cross-referenced in the Proposed HAPs Test Rule, As Amended, and the Corresponding OPPTS Draft Harmonized Test Guidelines

TSCA test guidelines cross-referenced in the amended HAPs OPPTS draft harmonized test guidelines cross-referenced in test rule proposal (40 CFR) the original HAPs test rule proposal

799.9135 TSCA acute inhalation toxicity with histopathology 870.1350 Acute Inhalation Toxicity with Histopathology 799.9346 TSCA subchronic inhalation toxicity 870.3465 Subchronic Inhalation Toxicity 799.9370 TSCA prenatal developmental toxicity (derived from 870.3600 Inhalation Developmental Toxicity Study 870.3700)1 799.9380 TSCA reproduction and fertility effects 870.3800 Reproduction and Fertility Effects 799.9420 TSCA carcinogenicity 870.4200 Carcinogenicity 799.9510 TSCA bacterial reverse mutation test (derived from 870.5100 Escherichia coli WP2 and WP2uvrA Reverse OECD 471/472)1 Mutation Assays 799.9530 TSCA in vitro mammalian cell gene mutation test 870.5300 Detection of Gene Mutations in Somatic Cells in (derived from OECD 476)1 Culture 799.9538 TSCA mammalian bone marrow chromosomal 870.5385 In vivo Mammalian Cytogenetics Tests: Bone Marrow aberration test (derived from OECD 475)1 Chromosomal Analysis Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67469

Table 1.ÐList of TSCA Test Guidelines Cross-referenced in the Proposed HAPs Test Rule, As Amended, and the Corresponding OPPTS Draft Harmonized Test GuidelinesÐContinued

TSCA test guidelines cross-referenced in the amended HAPs OPPTS draft harmonized test guidelines cross-referenced in test rule proposal (40 CFR) the original HAPs test rule proposal

799.9539 TSCA mammalian erythrocyte micronucleus test 870.5395 In vivo Mammalian Cytogenetics Tests: Erythrocyte (derived from OECD 474)1 Micrnucleus Assay 799.9620 TSCA neurotoxicity screening battery 870.6200 Neurotoxicity Screening Battery 799.9780 TSCA immunotoxicity 870.7800 Immunotoxicity 1 See explanation of derivation in Unit II.B. of this preamble.

A revised § 799.5053 ‘‘Chemical requirements under TSCA section 12(b). requirements of TSCA section 12(b) testing requirements for hazardous air EPA received adverse comment with appear at 40 CFR part 707, subpart D. pollutants,’’ based on the use of the respect to making entities that are not In brief, as of the effective date of the TSCA test guidelines for HAPs chemical signatory to the ECA subject to export HAPs test rule, an exporter of any testing, is included as part of this notification requirements for phenol. subject HAP chemical would be amended proposal. Because of those adverse comments, on required to report to EPA the first export The eleven TSCA test guidelines May 23, 1997 (62 FR 28368), EPA or intended export of the chemical to described in Table 1 of this preamble removed the export notification rule. each foreign country of export. EPA are included in the record for this EPA did not withdraw the Order or the would then notify the foreign rulemaking. The Federal Register notice ECA, and signatories to the ECA remain government about the HAPs test rule as containing the TSCA test guidelines is subject to export notification it relates to that chemical. available electronically from the EPA’s requirements. EPA intends to propose a Accordingly, EPA is amending the World Wide Web site, http:// phenol export notification rule at a original proposed HAPs test rule to www.epa.gov/fedrgstr/, under the future time. Because EPA anticipates require export notification for all the heading: ‘‘Rules and Regulations;’’ by receiving the necessary test data on chemicals for which testing would be internet e-mail: phenol pursuant to the ECA and Order, required under the amended HAPs [email protected]; by mail; EPA is amending the proposed HAPs proposal, and has changed § 799.5053 or, from the TSCA Non-Confidential test rule to remove all phenol testing accordingly. Information Center, Rm. NE–B607, 401 requirements. M St., SW., Washington, DC 20460. The documents entitled: ‘‘Economic C. Persons Required to Test EPA is soliciting comments on the Assessment for the Amended Proposed eleven TSCA test guidelines to be TSCA Section 4(a) Test Rule for 21 1. General. In the original HAPs incorporated in enforceable test Hazardous Air Pollutants,’’ discussed in proposal, EPA indicated that persons standards under this amended HAPs Units VI.A. and VI.D. of this preamble, who manufacture HAP chemicals proposal. To be considered in this and ‘‘Additional Information on Small included in the proposed rule as rulemaking, comments must be Entity Impacts of the Amended byproducts, as defined in 40 CFR submitted in the manner specified in Proposed TSCA Section 4(a) Test Rule 791.3(c), would be subject to the the ‘‘ADDRESSES’’ section at the for 21 Hazardous Air Pollutants,’’ requirements set forth in the proposed beginning of this document. discussed in Unit VI.C. of this preamble, rule. In addition, EPA proposed to have not yet been modified to reflect the exempt those manufacturers and III. Changes and Clarifications reductions in impact and burden processors that produce the HAP In addition to cross-referencing the associated with the deletion of phenol chemicals included in the proposed rule TSCA test guidelines, this amended testing, but will be so modified by the only as an impurity, as defined in 40 HAPs proposal is making other changes time the final rule is promulgated. CFR 790.3, because it would be difficult and clarifications to the original HAPs Unit VI. of this preamble contains and prohibitively expensive for EPA, proposal, which are set forth as follows: data from the above economic manufacturers, and processors to assessment with all references to phenol identify with complete assurance all A. Phenol—Removal of Testing removed. Similarly, Table 1 in chemical substances that contain the Requirements § 799.5053, which sets forth the testing HAP chemicals included in the The original HAPs proposal included required for the chemicals in the proposed rule solely as an impurity and testing requirements for phenol (CAS proposed HAPs test rule, as amended, EPA would find it difficult to apply No. 108–95–2). On January 17, 1997, does not include phenol. both the exemption and reimbursement EPA published a document (62 FR 2607) processes to those who manufacture which announced a testing consent B. Export Notification Requirements and/or process these HAP chemicals order (Order) under TSCA section 4 that In the original HAPs proposal, EPA solely as an impurity. Furthermore, the incorporated an ECA concluded did not state that export notification Agency indicated that EPA’s data between EPA and fourteen specified under TSCA section 12(b), 15 U.S.C. reimbursement regulations established companies. In the ECA, the companies 2611(b), would be required for the HAPs under TSCA section 4(c) (40 CFR part agreed to perform certain health effects chemicals in the final rule. Section 12(b) 791) state that those persons who tests on phenol. In addition, the January of TSCA requires all persons who export manufacture or process chemical 17 document included a direct final rule or intend to export a chemical substance substances as impurities are not subject which added phenol to the list of or mixture for which the submission of to test requirements unless a particular chemical substances in 40 CFR 799.5000 data is required under TSCA section 4 test rule specifically states otherwise (40 that are subject to testing consent orders to notify EPA of this export or intent to CFR 791.48(b)) and that EPA found no and hence subject to export notification export. Regulations interpreting the basis to propose such a requirement for 67470 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules the original HAPs proposal (61 FR less than 500 kg (1,100 lb) of the intermediates, as defined at 40 CFR 33178, 33189, 33190). chemical annually, and persons who 704.3, are not to be considered in EPA has received inquiries from manufacture small quantities of the determining whether a person is industry seeking clarification of the chemical solely for research and responsible for HAP chemical testing.) distinction between byproduct and development, are not required to If, during the last complete corporte impurity in a variety of contexts in the comply with the rule unless directed to fiscal year prior to the publication of the manufacture of products and in the do so by EPA in a subsequent notice if final rule in the Federal Register, a course of chemical processing (see no manufacturer has submitted a notice person manufactured 25,000 lb or more document numbers 3, 8, 9, 10, 11, 12, of its intent to conduct testing.) Under of a HAP chemical, as such, or in and 14 referenced in Unit V.I. of this the original HAPs proposal, all other another substance or mixture at a preamble). EPA’s review has revealed manufacturers were required to comply concentration of one percent or more (as that certain HAP chemicals included in with the rule when promulgated long as the amount of the HAP chemical this amended HAPs proposal are (‘‘initially comply’’). is equal to or in excess of 25,000 lb), manufactured or processed as The criteria proposed in this amended that person would be required to byproducts or impurities in quantities proposed rule provide an equitable comply initially with the rule. large enough that they can be identified means for determining which entities This approach is consistent with the in databases available to the Agency would be initially and secondarily policy of the United States, expressed (Chemical Update System (CUS), Toxic responsible for testing HAPs chemicals: by Congress in section 2(b)(1) of TSCA, Release Inventory (TRI), Aerometric testing would be conducted primarily 15 U.S.C. 2601(b)(1), that development Information Retrieval System Facility by persons owning facilities at which of data regarding the effect of chemical Subsystem (AFS)). Certain owners and large volumes of HAPs chemicals are substances and mixtures on human operators of facilities that have, during manufactured, while persons owning health and the environment should be the latest year prior to the publication facilities at which smaller volumes of the responsibility of those who of the final HAPs rule in the Federal HAPs chemicals are manufactured manufacture and process such Register, manufactured (including would only be required to comply with chemicals. The following examples are imported) or processed HAP chemicals the rule if no manufacturer submits a provided to guide companies in included in this amended proposal in notice of its intent to conduct testing. determining whether they are subject to amounts equal to or greater than 25,000 It is reasonable to expect that persons the proposed HAPs test rule, as lb are required under section 313 of the who manufacture or process chemicals amended: Emergency Planning and Community containing HAPs should know the a. Class 1 and Class 2 substances. Right-To-Know Act (EPCRA), 42 U.S.C. composition of the chemicals they Under the amended HAPs proposal, 11023, to report the TRI releases of these manufacture or process at or above one testing would be required for HAP substances and, accordingly, know or percent by weight, and should know if chemicals included in the proposed rule should know whether they are they manufacture or process 25,000 lb that are manufactured (including manufacturing or processing these HAP or more of a chemical per year at any imported) or processed in the form of a chemicals. (EPCRA section 313 also facility. Accordingly, EPA is amending Class 1 substance or as a component of requires reporting by facilities that use the proposal to specify those who must a Class 2 substance. A Class 1 substance 10,000 lb or more of a listed toxic initially comply with the HAPs rule: (1) is a chemical substance with a chemical during a calendar year). The any person who during the last composition that can be represented by toxic chemicals release reporting complete corporate fiscal year prior to a specific, complete chemical structure regulations promulgated pursuant to the publication of the final rule in the diagram. Examples of Class 1 substances EPCRA section 313 additionally provide Federal Register, manufactured are 1,1,2-trichloroethane, 1,1’-biphenyl a de minimis exemption for chemicals (including imported) at a particular and hydrochloric acid. A Class 2 otherwise subject to TRI requirements facility any of the HAP chemicals substance is a complex combination of when the chemicals are present in included in this amended HAPs substances that cannot be represented mixtures in concentrations of less than proposal in an amount equal to or in by a specific, complete chemical one percent by weight (or 0.1% for excess of 25,000 lb (regardless of the structure diagram. Examples of Class 2 carcinogens) (40 CFR 372.38(a)). form of the HAP chemical, i.e., as a substances are light paraffinic distillates Class 1 substance, as a component of a Because chemical manufacturers and (petroleum), brominated soybean oil, mixture, as a byproduct, as an impurity, processors are among the persons and propoxylated tall oil. Class 1 and as a component of a Class 2 substance, required to report to TRI, manufacturers Class 2 substances that are in U.S. or as an isolated intermediate), and (2) and processors generally should know commerce are listed on the TSCA any person who during the last the composition of chemicals that they chemical substance inventory and have complete corporate fiscal year prior to manufacture or process at least at or Chemical Abstracts Service (CAS) the publication of the final rule, above one percent by weight of numbers. See 40 CFR 720.45(a)(1)(i) for composition. manufactured (including imported) at a the distinction between Class 1 By this amendment, EPA is proposing particular facility any of the HAP substances and Class 2 substances. to modify criteria to determine when chemicals as a component of a chemical persons subject to the HAPs test rule substance or mixture that comprises one Example 1: Producer—Class 2 Substance must comply with the rule. The original percent or more by weight of the Containing a HAP Chemical HAPs proposal did not provide a chemical substance or mixture, as long Company Z produces chemical substance volume cutoff beyond the provisions of as the amount of the HAP chemical is E. Chemical substance E has a Chemical 40 CFR 790.42(a) for manufacturers and equal to or in excess of 25,000 lb. EPA Abstract Service (CAS) number, includes processors as a means for determining is proposing to amend the ‘‘Persons several different chemical species, and when certain classes of persons would required to submit study plans, conduct cannot be represented by a specific, complete chemical structure diagram, i.e., it is a Class be required to comply with the rule. tests and submit data’’ text of § 799.5053 2 substance. Chemical substance E appears (The regulations cited above provide to reflect this change. (‘‘Naturally on the TSCA Chemical Substance Inventory that, while legally subject to a test rule, occurring substances,’’ as described at and was reported as a Class 2 substance. The processors, persons who manufacture 40 CFR 710.4(b), and non-isolated composition of chemical substance E Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67471 includes chemical B (which is a HAP information regarding the status of processors chemicals to form chemical substance I, chemical that is included in the amended is provided in this Unit of the preamble. which the company isolates, packages and HAPs proposal) that was produced in the b. HAPs present as part of mixtures. distributes in commerce. Chemical substance manufacture of chemical substance E. I does not contain any HAP chemical because Chemical B is normally present in Under the amended HAPs proposal, chemical B in chemical substance H concentrations that range from 1 to 6 percent testing would be required for HAP completely reacts in the formation of by weight of chemical substance E. chemicals included in the proposed rule chemical substance I. that are manufactured (including Company Status: EPA considers Company Company Status: Chemical substance H is Z to be a producer of HAP chemical B. imported) or processed as part of a a ‘‘non-isolated intermediate,’’ defined at 40 Irrespective of whether it intended HAP mixture, as that term is defined by CFR 704.3. Although HAP chemical B is chemical B to be an integral part of chemical TSCA section 3(8). For example, a formed as part of chemical substance H, substance E, Company Z is a producer of combination of substances that is chemical B is reacted entirely in the HAP chemical B, if the amount of HAP manufactured as a result of a chemical continuous flow process. Therefore, the chemical B produced at a concentration of reaction, but that could have been company would not be subject to the requirements of the amended HAPs proposal one percent or greater at any facility during prepared without chemical reaction, is the company’s last complete corporate fiscal because the final product, chemical considered a mixture under TSCA substance I, does not contain HAP chemical year were more than 25,000 lb, Company Z section 3(8). If a HAP chemical is would be required to comply initially with B. produced as a result of this chemical the rule. If Class 2 chemical substance H had been reaction, the person who manufactured removed from the reaction vessel, stored, and Example 2: Processor—Class 2 Substance the mixture has also manufactured the Containing a HAP Chemical reacted later to form chemical substance I, HAP chemical. A person who produced chemical substance H would have been an Company Z, which produces chemical the same mixture but without chemical isolated intermediate that contained HAP substance E as discussed in Example 1, also reaction would be considered to be a chemical B. In this case, the company would applies chemical separation techniques on HAP processor. be required to comply initially with the chemical substance E (a Class 2 substance amended HAPs proposal, if the amount of that contains HAP chemical B) to produce Example 3: Manufacturers of Mixtures HAP chemical B that is manufactured during chemical substances F and G. The separation Two companies, Company Y and Company the company’s last complete corporate fiscal proceeds without chemical reaction and no Z, produce mixtures as commercial products year prior to the publication of the rule in the additional amount of HAP chemical B is that have the same composition and that Federal Register were 25,000 lb or more at produced. Chemical substance F, a Class 2 contain HAP chemical B in concentrations any facility, due to the company’s production substance, contains some of the HAP that exceed one percent by weight of the of a HAP chemical as part of an isolated chemical B that was a component of mixture. Company Y purchases the intermediate. chemical substance E in concentrations that components of the mixture and combines 2. Processors. The Agency has exceed one percent by weight. Chemical them without a chemical reaction occurring. substance F has no separate commercial Company Z creates the mixture by reacting proposed findings under TSCA sections purpose and is disposed of as waste. chemicals. During the chemical reaction HAP 4(a)(1)(A) and 4(a)(1)(B) for the Chemical substance G, a Class 1 substance, chemical B is formed. manufacturing and processing of the also contains some HAP chemical B in Company Status: Company Z has chemicals contained in the proposed concentrations that exceed one percent by manufactured HAP chemical B and would be HAPs test rule. See Supporting weight of G. required to comply initially with the Documentation 3(a), (b) and (c) and Company Status: Company Z is considered amended HAPs proposal if the total amount References 11, 12 and 16 as cited in to be a processor of HAP chemical B with of chemical B manufactured is 25,000 lb or Unit III.C. ‘‘Review of Data and respect to the production of chemical more at any facility during the company’s Selection of HAPs’’ and Unit V. substance F, a byproduct, and chemical last complete corporate fiscal year prior to ‘‘Findings’’ of the original HAPs test substance G, a commercial product. the publication of the test rule. Company Y rule proposal (61 FR 33178, 3384, However, Company Z remains responsible is a processor of HAP chemical B and, therefore, must comply with the 33185, 33190). The terms ‘‘process’’ and for producing HAP chemical B because of its ‘‘processor’’ are defined at TSCA original production of chemical substance E requirements of the rule only if directed to (see Example 1 above). Therefore, as a do so by EPA in a subsequent Federal sections 3(10) and 3(11), respectively manufacturer and processor of HAP chemical Register notice because no manufacturer has Accordingly, in the preamble to the B, Company Z would be required to comply submitted a notice of its intent to conduct original HAPs proposal (61 FR 33178, initially with the amended HAPs test rule testing. 33189), EPA stated that persons who proposal if the total amount of the HAP c. Isolated intermediates. Under the manufacture (including import) or chemical B component were 25,000 lb or amended HAPs proposal, testing would process, or intend to manufacture or more at any facility during the company’s be required for HAP chemicals included process, any of the HAPs chemicals last complete corporate fiscal year after the in the proposed rule that are would be subject to the testing publication of the rule. If another company requirements in the rule. The preamble had purchased chemical substance E from manufactured (including imported) or Company Z and had performed a similar processed in the form of isolated also explained that manufacturers separation process resulting in the intermediates. HAP chemicals produced would be required to submit letters of production of chemical substances F and G, in the form of non-isolated intent to conduct testing or exemption both of which contain HAP chemical B as an intermediates (as defined at 40 CFR applications under 40 CFR 790.45. unintentionally present component, the 704.3) are not subject to the amended However, under 40 CFR 790.42, purchaser would be considered only to be a HAPs proposal. processors, small-quantity processor of HAP chemical B as an impurity manufacturers, and manufacturers of and, therefore, as a processor, must comply Example 4: Producer—Non-isolated and Isolated Intermediates small quantities solely for research and with the requirements of the rule only if development purposes would not be directed to do so by EPA in a subsequent A company produces but does not isolate required to submit letters of intent or Federal Register notice because no chemical substance H, a Class 2 substance manufacturer has submitted a notice of its that contains HAP chemical B in exemption applications unless directed intent to conduct testing. (Note that HAP concentrations that exceed one percent by to do so in a subsequent notice as chemical B was present in chemical weight. Immediately following this described in 40 CFR 790.48(b). substances F and G at greater than one production in a continuous flow process, The text of § 799.5053 in the original percent concentration). Additional chemical substance H is reacted with other HAPs test rule proposal did not include 67472 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules processors in the class of persons explained in Appendix A of EPA’s proposal (61 FR 33178, 33185, 33186). required to submit study plans, conduct economic assessment and the additional See Unit X. A. ‘‘Supporting tests, and submit data. The text of information document on small Documentation’’ of the original HAPs § 799.5053, however, did reference the business impacts prepared for this proposal, Items (1)(g) and (j) (61 FR fact that processors (and small-quantity assessment, EPA relied on information 33178, 33194). It should be noted that manufacturers and manufacturers of taken from the TRI and AFS databases the data for cresols summarized in the small quantities solely for research and to identify facilities releasing carbonyl table entitled ‘‘TSCA Section 4 (a) development purposes) would become sulfide (see Units VI.A., VI.C., and VI.D. Statutory Findings’’ (61 FR 33178, subject to these requirements only after of this preamble). EPA recognizes that 33191) are based on the mixture of all notification in the Federal Register that these facilities may not represent the three cresol isomers. As previously no manufacturer had notified EPA of its complete universe of facilities that stated (61 FR 33178, 33186), EPA intent to conduct testing. produce carbonyl sulfide and that the believes that it would be very The text of § 799.5053 of this information derived from these burdensome to test every possible amended HAPs proposal makes it clear databases is not exhaustive. To the variation of the cresol mixture and is that while processors would be extent that there are additional therefore proposing to test each isomer. included in the class of persons subject manufacturers not identified in the This approach follows that taken in the to the rule, processors, small quantity Agency’s economic assessment, the final test rule for cresols (51 FR 15771, manufacturers, manufacturers of small testing burden on any individual 15776, April 28, 1986). quantities of HAP chemicals solely for manufacturer may be reduced. Table 1 in § 799.5053, which sets research and development purposes and D. Testing Subject to GLP Requirements forth the testing required for the persons who, at any facility, chemicals in the proposed HAPs test In this amended HAPs proposal, EPA manufacture a HAP chemical subject to rule, as amended, has been changed to is clarifying the text of § 799.5053 to this rule in an amount less than 25,000 clarify that testing is required for each indicate that the required testing under lb or as a component of a chemical cresol isomer. substance or mixture and comprises less the HAPs test rule shall be carried out than one percent by weight of the following TSCA Good Laboratory F. Use of Acute and Non-Acute Data in chemical substance or mixture (as long Practice Standards (40 CFR part 792). Residual Risk Determinations as the amount of the HAP chemical is The text of § 799.5053 in the original EPA is correcting an error in the equal to or in excess of 25,000 lb) would HAPs proposal stated that, among other preamble to the original HAPs proposal. need to comply with the requirements things, testing should be conducted as In Unit II. ‘‘Uses of Data’’ (61 FR 33178, to submit study plans, conduct tests, specified in 40 CFR part 792 (see 61 FR 33179 (third column)), the Agency and submit data only if no manufacturer 33178, 33197), but did not indicate that submits a notice of its intent to conduct GLPs are codified at 40 CFR part 792. indicated that non-acute data will be testing and if these persons are directed The text of § 799.5053 contained in this used by EPA to meet its statutory to do so in a subsequent notice amended HAPs proposal clarifies this obligation under section 112(f) of the published in the Federal Register. point. Clean Air Act (CAA), 42 U.S.C. 7412(f), 3. Carbonyl sulfide. The original to assess residual risk after the E. Cresols—Clarification of Test HAPs proposal identified carbonyl imposition of technology-based Substances sulfide as the first chemical substance to emission standards (maximum be subject to a TSCA section 4 test rule EPA is clarifying that the provision of achievable control technology or MACT that is produced almost exclusively as a the HAPs test rule relating to cresols standards) required by CAA section byproduct (61 FR 33178, 33190). In the requires separate testing of each cresol 112(d), 42 U.S.C. 7412(d). However, as original HAPs proposal, EPA noted that isomer (i.e., ortho-isomer (CAS No. 95– discussed at the public meeting held on persons who manufacture the subject 48–7), meta-isomer (CAS No.108–39–4), the proposed HAPs test rule on October HAPs chemicals, including carbonyl and para-isomer (CAS No. 106–44–5)), 1, 1996, the Agency intends that the sulfide, as byproducts, as defined in 40 as indicated in Table 1 in § 799.5053 in residual risk determinations under the CFR 791.3(c), would be subject to the both the original HAPs proposal and Clean Air Act be based on both acute testing requirements set forth in the this amended HAPs proposal. Therefore, and non-acute data. See pages 24 and 25 proposed rule. EPA also indicated that each cresol isomer is subject to acute of the official transcript of the October all persons reporting the release of toxicity, subchronic toxicity, 1, 1996 public meeting on the proposed carbonyl sulfide to the TRI pursuant to neurotoxicity, and immunotoxicity test rule, included as part of this section 313 of EPCRA would be testing (61 FR 33178, 33198). rulemaking record. Documentation supporting the findings considered to be manufacturers of G. Submission of Equivalence Data carbonyl sulfide and would be subject to for each cresol isomer, and all other the provisions of the HAPs test rule. subject HAPs chemicals, was previously In Unit V. F. ‘‘Persons Required To In preparing the economic analysis for described in Unit III. C. ‘‘Review of Data Test’’ of the original HAPs proposal (61 carbonyl sulfide for the amended HAPs and Selection of HAPs’’ and Unit V. FR 33178, 33189–33190), EPA did not proposal, EPA utilized information from ‘‘Findings’’ of the original HAPs indicate that those who file exemption 1995 reports to both the TRI and AFS proposal (61 FR 33178, 33184, 33185, applications would not be required to databases. For 1995, all those reporting 33190). See Unit X. A. ‘‘Supporting submit equivalence data, although this release information to the TRI and AFS Documentation,’’ Items (3)(a), (b), and (c was indicated in Unit VII.B. of the databases on carbonyl sulfide are ) and Unit X. B. ‘‘References,’’ Items original HAPs proposal. EPA is manufacturers. (11), (12), and (16) of the original HAPs clarifying that the Agency is not The Agency is hereby clarifying that proposal (see 61 FR 33178, 33195). proposing to require those who file all persons who manufacture carbonyl Testing of cresols in particular is exemption applications to submit sulfide would be subject to the HAPs discussed at Unit III. D. ‘‘Previous TSCA equivalence data as a condition for testing requirements, whether or not Testing Actions Affecting These exemption from the testing for the they report release information to the Chemical Substances’’ and Unit IV. B. chemical substances subject to the HAPs TRI, or in EPA’s AIRS AFS database. As ‘‘Test Substance’’ of the original HAPs test rule. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67473

H. Other Changes to Regulatory Text 6. Paragraph (b)(5) ‘‘Reproductive data from existing studies for the subject In addition to the changes made to the toxicity and fertility study test HAPs chemicals (61 FR 33178, 33188, text and table in § 799.5053 ‘‘Chemical modifications’’ of § 799.5053 in the 33189). The PK studies would be used testing requirements for hazardous air original HAPs proposal has been deleted to inform the Agency about route-to- pollutants’’ of the amended HAPs since it contains the same requirements route extrapolation of toxicity data from proposal that are set forth in previous as paragraphs (b)(1)(ii)(A) and routes other than inhalation when it is sections of Unit III. of this preamble, the (b)(1)(ii)(B), which specify that the route scientifically defensible in order to following changes have been made: of exposure would be either vapor- empirically derive the inhalation risk. 1. EPA has changed the titles of phase inhalation or inhalation of The PK proposals could form the basis columns 2, 3, and 4 in Table 1 of aerosol. for negotiation of enforceable consent 7. In the original HAPs proposal, the § 799.5053 of the original HAPs agreements (ECAs) that would provide guideline for developmental toxicity proposal (61 FR 33178, 33197–33199) for testing in lieu of some or all of the testing (OPPTS draft 870.3600) cited in from: ‘‘Chemical substance/required tests proposed in the HAPs test rule, as Table 1 of § 799.5053 (61 FR 33178, amended. testing,’’ ‘‘OPPTS harmonized 33197–33199) would have required The Agency has received alternative guidelines,’’ and ‘‘Specific requirements developmental testing to be conducted testing proposals for eight HAPs under this section’’ to: ‘‘Chemical name/ using inhalation as the route of chemicals. These proposals are as types of testing,’’ ‘‘Basic testing exposure. The TSCA prenatal follows: requirements (test guideline),’’ and developmental toxicity test guideline (1) Diethanolamine (CAS No. 111–42– ‘‘Changes from guideline.’’ The Agency (40 CFR 799.9370) specified for 2), submitted by the Chemical believes that this change of developmental toxicity testing in this Manufacturers Association, nomenclature clarifies the meaning of amended HAPs proposal does not Alkanolamines Panel, and entitled Table 1. The corresponding description indicate the route of exposure for ‘‘Proposal for Pharmacokinetics Studies throughout the text of § 799.5053 has testing. Table 1 of § 799.5053 has been of Diethanolamine’’ (November 25, been revised to incorporate these changed to include specific references 1996). changes. to the route of exposure for each HAP (2) Ethylene dichloride (CAS No. 107– 2. In the original HAPs proposal at chemical substance for which 06–2), submitted by the HAP Task § 799.5053, EPA indicated that ‘‘E. coli developmental toxicity testing is Force, and entitled ‘‘Proposal for reverse mutation’’ and ‘‘gene mutation’’ proposed under this amended HAPs Pharmacokinetics Study of Ethylene tests would be required for the HAP proposal. Dichloride’’ (November 22, 1996). chemical carbonyl sulfide. The titles of 8. In this amended HAPs proposal, (3) Ethylene glycol (CAS No. 107–21– these tests have been changed in EPA cites the TSCA immunotoxicity test 1), submitted by the Chemical § 799.5053 of the amended HAPs guideline (40 CFR 799.9780) in Table 1 Manufacturers Association, Ethylene proposal to ‘‘Bacterial reverse mutation’’ of § 799.5053 (61 FR 33178, 33197– Glycol Panel, and entitled ‘‘Proposal for and ‘‘Mammalian gene mutation,’’ 33199). This test guideline contains four Pharmacokinetic Studies of Ethylene respectively, to reflect corresponding different test methods. EPA is proposing Glycol’’ (November 5, 1996). changes in the titles of the referenced that immunotoxicity testing under the (4) Hydrogen fluoride (CAS No. 7664– guidelines. HAPs test rule include only the 39–3), submitted by the Chemical 3. In the original HAPs proposal at determination of antibody response to Manufacturers Association, Hydrogen § 799.5053, EPA designated paragraph the administration of sheep red blood Fluoride Panel, and entitled ‘‘Proposal (b)(1)(ii)(C) in Table 1 to indicate an oral cell antigen. The Agency is further for a Physiologically-Based route of exposure. No testing via an oral proposing that either the antibody Pharmacokinetic (PBPK) Model for route of exposure was required in Table plaque-forming cell assay Hydrogen Fluoride’’ (November 22, 1. Consequently, paragraph (b)(1)(ii)(C) (§ 799.9780(g)(1)(i)) or the ELISA 1996). has been changed. In the amended immunoglobulin quantification assay (5) Maleic anhydride (CAS No. 108– HAPs proposal, this paragraph now (§ 799.9780(g)(1)(ii)) shall be used to 31–6), submitted by the Chemical indicates a vapor-phase route of meet the testing requirements. The Manufacturers Association, Maleic exposure specifically for in vitro natural killer cell assay Anhydride Panel, and entitled cytogenetics testing. (§ 799.9780(g)(1)(iii)) and the ‘‘Developing an Inhalation Testing 4. In the original HAPs proposal, EPA enumeration of splenic or peripheral Program for Maleic Anhydride’’ did not indicate the route of exposure blood cells (§ 799.9780(g)(2)) are not (November 8, 1996). for the in vitro cytogenetics testing for being proposed for HAPs testing. (6) Phthalic anhydride (CAS No. 85– the HAP chemical carbonyl sulfide (61 Accordingly, § 799.5053(b)(4) has been 44–9), submitted by the Chemical FR 33178, 33199). EPA is indicating in changed to clarify the immunotoxicity Manufacturers Association, Phthalic Table 1 of § 799.5053 that the route of testing requirements and Table 1 of Anhydride Producers Task Group, and exposure for the Bacterial reverse § 799.5053 includes notations to so entitled ‘‘Testing Proposal of the mutation and the Mammalian gene indicate. Chemical Manufacturers Association, mutation testing would be vapor-phase Phthalic Anhydride Producers Task as indicated in paragraph (b)(1)(ii)(C). IV. Status of Proposals for Group in Response to EPA’s Proposed 5. In the original HAPs proposal, EPA Pharmacokinetics Studies and Other Rule for Phthalic Anhydride’’ omitted additional testing requirements Proposals for Enforceable Consent (November 22, 1996). in the test standard for acute toxicity Agreements and Orders (7) 1,2,4-Trichlorobenzene (CAS No. testing for chlorobenzene in Table 1 of A. Proposals for PK Studies 120–82–1), submitted by the § 799.5053 (61 FR 33178, 33198). Chlorobenzene Producers Association Revised § 799.5053 corrects Table 1 to 1. EPA’s Invitation for Proposals (CPA), and entitled ‘‘Proposal to Use the include the additional testing In the original HAPs proposal, EPA Pharmacokinetics, Physical, and requirements specified in paragraph invited proposals for pharmacokinetics Chemical Properties of 1,2,4- (b)(2) ‘‘Modifications applicable to acute studies and other mechanistic data to Trichlorobenzene to Fill Data Gaps’’ testing’’ for chlorobenzene. support route-to-route extrapolation of (November 25, 1996). 67474 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

(8) 1,1,2-Trichloroethane (CAS No. 1,2,4-trichlorobenzene, ethylene glycol, EPA is hereby inviting the submission 79–00–5), submitted by the HAP Task diethanolamine and 1,1,2- of proposals for ECAs on all the HAPs Force, and entitled ‘‘Proposal for trichloroethane) and sent each to the chemicals for which ECA proposals Pharmacokinetics Study of 1,1,2- appropriate submitter. EPA notes that, have not been received, but not for Trichloroethane’’ (November 22, 1996). as a result of unexpected complexities phenol (see Unit III.A. of this preamble). Copies of the PK proposals and the arising in the review of the PK proposals Such proposals must clearly describe Agency’s preliminary technical analyses and contrary to the statement in the the rationale for proposing an of these proposals have been placed in preamble to the proposed HAPs test alternative testing program, detail the the public record for this action rule, the Agency has not been able to full extent of the testing to be performed (OPPTS–42187B, FRL–4869–1). conclude ECAs relating to PK studies under the proposal, and describe how 2. The Agency’s Evaluation of the within 12 months of the date of the the proposed testing would meet the Proposals HAPs test rule proposal. EPA expects to testing requirements contained in the make further progress on these ECAs in proposed HAPs test rule, as amended. The following provides a background the next few months. ECA proposals to provide testing to EPA’s method of evaluating the PK In each preliminary technical alternative to that described in the proposals. As the original HAPs response to a submitter of a PK proposed HAPs test rule, as amended, proposal indicated (61 FR 33178, proposal, EPA requested the submitter should be labeled: ‘‘ECA Proposal for 33189), EPA used the Gerrity and Henry either to express a continued interest in (HAP chemical name) to Provide (1990) decision tree as an element in pursuing the ECA process as an activity Alternative Testing to Meet HAPs Rule evaluating the PK proposals and also distinct from the test rule process, in Testing Requirements,’’ identified by used mechanistic data in determining light of the Agency’s preliminary Document Control Number (OPPTS– the appropriateness of route-to-route technical analysis, or to submit a 42187B; FRL–5742–2), and sent to U.S. extrapolation from the existing data base revised proposal which takes into Environmental Protection Agency, as an alternative to conducting some or consideration the Agency’s comments. Office of Pollution Prevention and all of the testing required under the Depending on each submitter’s Toxics, Document Control Office (7407), proposed HAPs test rule. response, EPA will determine whether Room G–099, 401 M St., SW., Pharmacokinetics and mechanistic data or not to proceed with the ECA process Washington, DC 20460. Proposals for may be used to inform the Agency about for that particular PK proposal. ECAs must be received no later than route-to-route extrapolation when EPA February 9, 1998. EPA will also seek to B. Other Proposals for ECAs determines that extrapolation from complete the development of any ECAs existing studies may provide sufficient EPA has received a proposal to expeditiously, and, whenever possible, data to substitute for required testing develop a non-PK-related ECA for the will work to complete such agreements under the proposed rule. HAP chemical methyl isobutyl ketone within 12 months from the date of the Pharmacokinetics and mechanistic data (CAS No. 108–10–1). This proposal was Agency’s acceptance of the proposal. alone may not be used to substitute for submitted to the Agency by the EPA will review the submissions and proposed required testing when studies Chemical Manufacturers Association may select candidates for negotiation by a route other than inhalation do not Ketones Panel on December 11, 1996, based on the ability of the proposal to exist or are deemed by EPA to be and is entitled ‘‘Alternative Testing fulfill the data requirements that are set inadequate. In such cases, however, Proposal for Methyl Isobutyl Ketone.’’ In forth in this amended HAPs proposal. If pharmacokinetics and mechanistic data addition, the EPA has received a the Agency decides to proceed with the may be used to support a decision that proposal to develop an ECA for the HAP ECA process, it will publish a notice in required testing could be conducted chemical 1,1’-biphenyl (CAS No. 92– the Federal Register soliciting persons using routes other than inhalation (see 52–4). This proposal submitted by the interested in participating in or document referenced in Unit V.J.2. of Biphenyl Workgroup on October 7, monitoring negotiations for the this preamble). 1997, is entitled ‘‘Developing a Test development of ECAs for PK studies to In many cases, the proposals that EPA Plan for Assessing the Potential Risks of notify the Agency in writing. received went beyond PK by including Inhaled Biphenyl.’’ EPA has agreed to alternate testing strategies to respond to review the contents of these proposals C. The ECA Negotiation Process the testing identified in the proposed and to provide comments on their Under its regulations, EPA is required HAPs test rule. EPA’s evaluations of technical merit and relevance to the to provide the public with an these proposals identify changes or proposed HAPs testing requirements. opportunity to comment on and additions that provide for testing of EPA also received a proposal to enter participate in the development of ECAs. these HAP chemicals as an alternative to into an ECA from the Chemical (The procedures for ECA negotiations the testing contained in the proposed Manufacturers Association Cresols are described at 40 CFR 790.22(b).) HAPs test rule. If this testing is Panel to develop an alternative to the Under the ECA process, EPA will incorporated into ECAs, and if the data proposed HAPs testing for cresols. The publish a notice in the Federal Register resulting from testing under the ECAs proposal was dated April 9, 1997 and soliciting interested parties to are acceptable to the Agency, such was accompanied by a document participate in or monitor negotiations testing will provide an alternative to entitled ‘‘Toxicological Profile for for ECAs on those HAPs chemicals for some or all of the testing proposed for Cresols.’’ The proposal focused on which the Agency has decided to these substances in the HAPs test rule. testing for only the ortho-cresol isomer. proceed. The notice will also announce If testing under these ECAs does not Subsequent telephone conversations a date for one or more public meetings fulfill the Agency’s needs, EPA reserves between EPA and the Panel to negotiate the ECAs. At the meetings the right to meet these needs through representative identified that the to negotiate the PK ECAs, EPA may raise rulemaking. proposal was not fully developed (see issues, based on the Agency’s further The Agency has prepared preliminary documents referenced in Units V.G.3. review of the PK proposals, that differ technical analyses of each PK proposal and V.G.4. of this preamble). The from those contained in the Agency’s (ethylene dichloride, hydrogen fluoride, proposal was later withdrawn by the preliminary technical analyses. If ECAs maleic anhydride, phthalic anhydride, CMA Cresols Panel. are successfully concluded, they will be Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67475 incorporated into testing consent orders, amended, may be filed online at many Enforceable Consent Agreements for by which means they become Federal Depository Libraries. Pharmacokinetics Studies’’ (61 FR enforceable. All comments which contain 54383, October 18, 1996). It is important that all submitters of information claimed as CBI must be 8. ‘‘Proposed Test Rule for Hazardous ECA proposals—and potential clearly marked as such. Three sanitized Air Pollutants; Extension of Comment submitters—recognize the significance copies of any comments containing Period on Proposed Rule’’ (61 FR 67516, of responding to the request for information claimed as CBI must also be December 23, 1996). comments on the proposed HAPs test submitted and will be placed in the 9. ‘‘Testing Consent Order for Phenol’’ rule, as amended. The submission of a public record for this rulemaking. (62 FR 2607, January 17, 1997). proposal to develop an ECA to conduct Persons submitting information any 10. ‘‘Proposed Test Rule for testing alternative to that contained in portion of which they believe is entitled Hazardous Air Pollutants; Extension of the HAPs test rule is no guarantee that to treatment as CBI by EPA must assert Comment Period on Proposed Rule’’ (62 the process will conclude with an a business confidentiality claim in FR 9142, February 28, 1997). agreement. Comments on the proposed accordance with 40 CFR 2.203(b) for 11. ‘‘Proposed Test Rule for HAPs test rule, as amended, should be each such portion. This claim must be Hazardous Air Pollutants; Extension of submitted as an activity separate from made at the time that the information is Comment Period on Proposed Rule’’ (62 the ECA process. To be considered in submitted to EPA. If a submitter does FR 14850, March 28, 1997). this rulemaking, comments must be not assert a confidentiality claim at the 12. ‘‘Testing Consent Order for submitted in the manner specified in time of submission, EPA will make the Phenol’’ (62 FR 28368, May 23, 1997). the ‘‘ADDRESSES’’ section at the information available to the public 13. ‘‘Proposed Test Rule for beginning of this document. without further notice to the submitter. Hazardous Air Pollutants; Extension of No CBI should be submitted Comment Period on Proposed Rule’’ (62 V. Public Record and Electronic electronically. FR 29318, May 30, 1997). Submissions Electronic Availability: Internet: 14. ‘‘Proposed Test Rule for The official record for this Electronic copies of this document and Hazardous Air Pollutants; Extension of rulemaking, including the public various support documents are available Comment Period on Proposed Rule’’ (62 version, which does not include any from the EPA Home Page at the Federal FR 37833, July 15, 1997). information claimed as CBI, has been Register - Environmental Documents 15. ‘‘Toxic Substances Control Act established for this rulemaking under entry for this document under Test Guidelines’’ (62 FR 43820, August document control number (OPPTS– ‘‘Regulations’’ (http://www.epa.gov/ 15, 1997). 42187A; FRL–4869–1). This docket also fedrgstr/EPA-TOX/1997/). Fax-On- 16. ‘‘Proposed Test Rule for includes all material and submissions Demand: Using a faxphone call 202– Hazardous Air Pollutants; Extension of filed under docket number OPPTS– 401–0527 and select item 4640 for an Comment Period on Proposed Rule’’ (62 42193 (FRL–5719–5), the record for the index of available material and FR 50546, September 26, 1997). rulemaking for the TSCA test corresponding item numbers related to 17. ‘‘Proposed Test Rule for guidelines, and all material and this document. Hazardous Air Pollutants; Extension of submissions filed under docket number In addition to the documents listed in Comment Period on Proposed Rule’’ (62 OPPTS–42187B (FRL–4869–1), the Unit X. of the original HAPs proposal, FR 63299, November 28, 1997). B. TSCA Test guidelines referenced in record for the receipt of proposals for the record includes the following this amended HAPs proposal consisting developing ECAs for alternative testing documents that are referenced in this of: of HAPs chemicals. This record contains amended HAPs proposal. Note that 1. 799.9135 TSCA acute inhalation the basic information considered by certain documents are listed in both the toxicity with histopathology (62 FR EPA in developing this proposed rule, original HAPs proposal and the 43820, 43824-43828, August 15, 1997). as amended, and appropriate Federal amended HAPs proposal. 2. 799.9346 TSCA subchronic Register notices. The public version of A. Federal Register notices pertaining inhalation toxicity (62 FR 43820, 43828- this record, including printed, paper to this amended HAPs proposal consisting of: 43832, August 15, 1997). versions of electronic comments, is 3. 799.9370 TSCA prenatal available for inspection from 12 noon to 1. ‘‘Toxic Substances Control Act Test Guidelines’’ (50 FR 39252, September developmental toxicity (62 FR 43820, 4 p.m., Monday through Friday, 43832-43834, August 15, 1997). excluding legal holidays. The public 27, 1985). 2. ‘‘Cresols; Testing Requirements’’ 4. 799.9380 TSCA reproduction and record is located in the TSCA (51 FR 15771, April 28, 1986). fertility effects (62 FR 43820, 43834- Nonconfidential Information Center, 3. ‘‘Small Business Size Standards’’ 43838, August 15, 1997). Rm. NE–B607, 401 M St., SW., (61 FR 3280, January 31, 1996). 5. 799.9420 TSCA carcinogenicity (62 Washington, DC 20460. 4. ‘‘Proposed Testing Guidelines; FR 43820, 43838-43842, August 15, Electronic comments can be sent Notice of Availability and Request for 1997). directly to EPA at: Comments’’ (61 FR 31522, June 20, 6. 799.9510 TSCA bacterial reverse [email protected] 1996). mutation test (62 FR 43820, 43842- Electronic comments must be submitted 5. ‘‘Proposed Test Rule for Hazardous 43846, August 15, 1997). as an ASCII file avoiding the use of Air Pollutants; Proposed Rule’’ (61 FR 7. 799.9530 TSCA in vitro mammalian special characters and any form of 33178, June 26, 1996). cell gene mutation test (62 FR 43820, encryption. Comments and data will 6. ‘‘Proposed Test Rule for Hazardous 43846-43850, August 15, 1997). also be accepted on disks in Air Pollutants; Notice of Public 8. 799.9538 TSCA mammalian bone WordPerfect 5.1 file format or ASCII file Meeting’’ (61 FR 47853, September 11, marrow chromosomal aberration test (62 format. All comments and data in 1996). FR 43820, 43850-43853, August 15, electronic form must be identified by 7. ‘‘Proposed Test Rule for Hazardous 1997). document control number (OPPTS– Air Pollutants; Extension of Comment 9. 799.9539 TSCA mammalian 42187A; FRL–4869–1). Electronic Period on Proposed Rule and Extension erythrocyte micronucleus test (62 FR comments on this proposed rule, as of Period for Receipt of Proposals for 43820, 43853-43857, August 15, 1997). 67476 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

10. 799.9620 TSCA neurotoxicity Nelson. HAPs Rule: OECD Process for EPA’s Proposed Rule for Phthalic screening battery (62 FR 43820, 43857- Update of Genetic Toxicity Test Anhydride’’ (November 22, 1996). 43860, August 15, 1997). Guidelines, March 10, 1997(a). 12. U.S. EPA. ‘‘Preliminary EPA 11. 799.9780 TSCA immunotoxicity 2. USEPA. Memorandum, Michael C. Technical Analysis of Proposed (62 FR 43820, 43860-43864, August 15, Cimino to Roger Nelson. Genotoxicity Industry Pharmacokinetics (PK) Strategy 1997). Test Guidelines for the HAPs Rule, for Phthalic Anhydride,’’ with cover C. OPPTS draft harmonized test February 27, 1997. letter (July 10, 1997). guidelines cross-referenced in the 3. USEPA. Memorandum, Michael C. 13. Chlorobenzene Producers original HAPs proposal consisting of: Cimino to Richard Leukroth. HAPs Association, ‘‘Proposal to Use the 1. Acute Inhalation Toxicity with Rule: Adaptation of OECD Genotoxicity Pharmacokinetics, Physical, and Histopathology, OPPTS 870.1350, EPA Test Guidelines, March 10, 1997(b). Chemical Properties of 1,2,4- Pub. No. 712-C-96-291, June 1996. 4. Final report of the FIFRA Scientific Trichlorobenzene to Fill Data Gaps’’ 2. Subchronic Inhalation Toxicity, Advisory Panel meeting, held October (November 25, 1996). OPPTS 870.3465, EPA Pub. No. 712-C- 29-30, 1996. 14. U.S. EPA, ‘‘Preliminary EPA 96-204, June 1996. F. PK-related documents consisting Technical Analysis of Proposed 3. Inhalation Developmental Toxicity of: Industry Pharmacokinetics (PK) Strategy Study, OPPTS 870-3600, EPA Pub. No. 1. Chemical Manufacturers for 1,2,4-Trichlorobenzene,’’ with cover 712-C-96-206, June 1996. Association, Alkanolamines Panel, letter (July 15, 1997). 4. Reproduction and Fertility Effects, ‘‘Proposal for Pharmacokinetics Studies 15. HAP Task Force, ‘‘Proposal for OPPTS 870.3800, EPA Pub. No. 712-C- of Diethanolamine’’ (November 25, Pharmacokinetics Study of 1,1,2- 96-208, February 1996. 1996). Trichloroethane’’ (November 22, 1996). 5. Carcinogenicity, OPPTS 870.4200, 2. U.S. EPA, ‘‘Preliminary EPA 16. U.S. EPA, ‘‘Preliminary EPA EPA Pub. No. 712-C-96-211, June 1996. Technical Analysis of Proposed Technical Analysis of Proposed 6. Escherichia coli WP2 and WP2 Industry Pharmacokinetics (PK) Strategy Industry Pharmacokinetics (PK) Strategy uvrA Reverse Mutation Assays, OPPTS for Diethanolamine’’ (November 21, 870.5100, EPA Pub. No. 712-C-96-247, for 1,1,2-Trichloroethane,’’ with cover 1997). letter (June 26, 1997). June 1996. 3. HAP Task Force, ‘‘Proposal for 7. Detection of Gene Mutations in G. Other ECA proposals and related Pharmacokinetics Study of Ethylene Somatic Cells in Culture, OPPTS correspondence consisting of: Dichloride’’ (November 22, 1996). 870.5300, EPA Pub. No. 712-C-96-221, 1. Chemical Manufacturers 4. U.S. EPA, ‘‘Preliminary EPA June 1996. Association, Ketones Panel, Technical Analysis of Proposed 8. In Vivo Mammalian Cytogenetics ‘‘Alternative Testing Proposal for Industry Pharmacokinetics (PK) Strategy Tests: Bone Marrow Chromosomal Methyl Isobutyl Ketone,’’ December 11, for Ethylene Dichloride,’’ with cover Analysis, OPPTS 870.5385, EPA Pub. 1996 . letter (June 26, 1997). No. 712-C-96-225, June 1996. 2. Letter from Charles M. Auer, EPA, 9. In Vivo Mammalian Cytogenetics 5. Chemical Manufacturers to Barbara Francis, Chemical Tests: Erythrocyte Micronucleus Assay, Association, Ethylene Glycol Panel, Manufacturers Association, March 3, OPPTS 870.5395, EPA Pub. No. 712-C- ‘‘Proposal for Pharmacokinetic Studies 1997. 96-226, June 1996. of Ethylene Glycol’’ (November 5, 1996). 3. Letter from Carol R. Stack, 10. Neurotoxicity Screening Battery, 6. U.S. EPA, ‘‘Preliminary EPA Chemical Manufacturers Association, OPPTS 870.6200, EPA Pub. No. 712-C- Technical Analysis of Proposed Cresols Panel to Charles M. Auer, EPA, 96-238, June 1996. Industry Pharmacokinetics (PK) Strategy April 9, 1997 (with attachment). 11. Immunotoxicity, OPPTS 870.7800, for Ethylene Glycol, with cover letter 4. Contact report by Richard W. EPA Pub. No. 712-C-96-351, June 1996. (August 26, 1997). Leukroth, EPA, regarding discussion D. Other guidelines referenced in this 7. Chemical Manufacturers with Leah Porter and Elizabeth Watson, proposal: Association, Hydrogen Fluoride (HF) Chemical Manufacturers Association, 1. OECD final revision test guideline Panel, ‘‘Proposal for a Physiologically- Cresols Panel, May 19, 1997. 471 / 472 ‘‘Bacterial reverse mutation Based Pharmacokinetic (PBPK) Model 5. Biphenyl Work Group, ‘‘Developing assay,’’ as read from the OECD for Hydrogen Fluoride’’ (November 22, a Test Plan for Assessing the Potential homepage: http://www.oecd.org/ehs/ 1996). Risk of Inhaled Biphenyl,’’ with cover test/ testlist.htm (February 1997). 8. U.S. EPA, ‘‘Preliminary EPA letter and attachment (October 7, 1997). 2. OECD final revision test guideline Technical Analysis of Proposed 6. Letter from Charles Auer, EPA to 476 ‘‘In vitro mammalian cell gene Industry Pharmacokinetics (PK) Strategy John Murray, Biphenyl Work Group, mutation test,’’ as read from the OECD for Hydrogen Fluoride’’ (June 26, 1997). November 4, 1997. homepage: http://www.oecd.org/ehs/ 9. Chemical Manufacturers H. Technical support documents test/ testlist.htm (February 1997). Association, Maleic Anhydride Panel, consisting of: 3. OECD final revision guideline 475 ‘‘Developing an Inhalation Testing 1. U.S. EPA, ‘‘Economic Assessment ‘‘Mammalian bone marrow chromosome Program for Maleic Anhydride’’ for the Amended Proposed TSCA aberration test,’’ as read from the OECD (November 8, 1996). Section 4(a) Test Rule for 21 Hazardous homepage: http://www.oecd.org/ehs/ 10. U.S. EPA, ‘‘Preliminary EPA Air Pollutants,’’ OPPT/EETD/EPAB, test/ testlist.htm (February 1997). Technical Analysis of Proposed November 14, 1997. 4. OECD final revision test guideline Industry Pharmacokinetics (PK) Strategy 2. U.S. EPA, ‘‘Section 4 Test Rule 474 ‘‘Mammalian erthyrocyte for Maleic Anhydride,’’ with cover letter Support for 21 Hazardous Air micronucleus test,’’ as read from the (July 10, 1997). Pollutants,’’ OPPT/EETD/EPAB, April 4, OECD homepage: http://www.oecd.org/ 11. Chemical Manufacturers 1995 (economic analysis for the original ehs/test/ testlist.htm (February 1997). Association, Phthalic Anhydride HAPs proposal). E. Test Guideline Support documents Producers Task Group, ‘‘Testing 3. U.S. EPA, ‘‘Additional Information referenced in this proposal: Proposal of the Chemical Manufacturers on Small Entity Impacts for the 1. USEPA. Memorandum, Angela Association, Phthalic Anhydride Amended Proposed TSCA Section 4(a) Auletta and Michael Cimino to Roger Producers Task Group in Response to Test Rule for 21 Hazardous Air Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67477

Pollutants,’’ OPPT/EETD/EPAB, phone call from Sharon Berryhill, use of the 11 TSCA test guidelines November 14, 1997. Samendon Oil Corp., October 17, 1997. cross-referenced in this amended 4. U.S. EPA, ‘‘TSCA Test Guidelines: 15. Contact report from Richard proposal. The total cost of providing test Cost Estimates for Health Effects Leukroth and Gary Timm, EPA, of data on the HAPs chemicals under this Testing,’’ OPPT/EETD/RIB, various phone call from Ray Scholten, Union amended proposal is estimated to range dates. Camp, October 20, 1997. from $22.6 million to $39.3 million. 5. U.S. EPA, ‘‘EPA Interim Guidance 16. Letter from Charles M. Auer, EPA, These costs do not include data for for Implementing the Small Business to Gene P. Current, Weirton Steel Corp., phenol, which, as explained in Unit Regulatory Enforcement Fairness Act,’’ November 21, 1997. III.A. of this preamble, has been EPA SBREFA Task Force, February 5, 17. Letter from Charles M. Auer, EPA, removed from the amended HAPs 1997. to Ed J. Dulac, Air Products and proposal. By comparison, the costs of 6. U.S. EPA, ‘‘Draft Review of Chemicals, Inc., November 21, 1997. providing test data on the HAPs Economic Impact Methodology Applied 18. Letter from Charles M. Auer, EPA, chemicals under the original proposal to TSCA Section 4 Test Rules,’’ OPPT/ to Steve Vasko, Eastalco Aluminum were estimated to range from $25.2 ETD/RIB, September 23, 1988. Company, November 21, 1997. million to $41.4 million (as indicated in 7. U.S. EPA, ‘‘Economic Analysis in 19. Letter from Charles M. Auer, EPA, the economic analysis for the original Support of the Final Rule to Amend to Charlie Gjersvik, Goodwin & Broms, proposal). The costs developed in the TSCA Section 12(b),’’ OPPT/ETD/RIB, Inc., November 21, 1997. economic assessment are based on test June 1992. 20. Letter from Charles M. Auer, EPA, cost estimates that have been placed in I. Letters, Facsimiles, electronic to Rudolph J. Breglia, BP Oil, November the record for this rulemaking. correspondence, and contact reports 21, 1997. According to 40 CFR 790.42(a)(2), consisting of: 21. Letter from Charles M. Auer, EPA, while legally subject to the HAPs test 1. Letter from Gene P. Current, to Sharon Berryhill, Samendon Oil rule, processors of a HAP chemical Weirton Steel Corp., to Gary Timm, Corp., November 21, 1997. would be required to comply with the EPA, August 26, 1996. 22. Letter from Charles M. Auer, EPA, requirements of the rule only if they are 2. Letter from Marian K. Stanley, directed to do so in a subsequent notice Chemical Manufacturers Association, to to Roy Scholten, Union Camp, November 21, 1997. as set forth in 40 CFR 790.48(b). EPA Gary Timm, EPA, August 28, 1996. would only issue such a notice if no 3. Electronic correspondence from Ed J. Meeting summaries consisting of: manufacturer or importer submits a J. Dulac, Air Products and Chemicals, 1. Transcript of Public Meeting. notice of its intent to conduct testing. Inc., to Gary Timm, EPA, September 11, October 1, 1996. ‘‘Proposed Test Rule The Agency has never in fact notified 1996. for Hazardous Air Pollutants 40 CFR 4. Letter from Charles M. Auer, EPA, Part 799.’’ Prepared by: Carol J. Thomas processors of their obligation to test to Kathleen Roberts, Chemical Stenotype Reporting Services, Inc., 3162 under such a notice, or applied the Manufacturers Association, September Musket Court, Fairfax, VA 22030 reimbursement procedures of 40 CFR 20, 1996. 2. Meeting Notes for the part 791 to processors or even to 5. Letter from Charles M. Auer, EPA, Pharmacokinetics Enforceable Consent manufacturers. Since EPA has identified to Elizabeth Watson, Chemical Agreement Meeting. October 2, 1996. at least one manufacturer or importer for Manufacturers Association, September Prepared by: Leah Freeman and Michael each HAP chemical, the Agency 20, 1996. Neal, Environmental Science Center, presumes that at least one such 6. Letter from Charles M. Auer, EPA, Syracuse Research Corporation, manufacturer or importer would submit to Jack Murray, Synthetic Organic Syracuse, NY 13210. a notice of intent to conduct testing for Chemical Manufacturers Association, 3. Notes of EPA meeting with the each chemical and would actually September 20, 1996. Hydrogen Fluoride Panel, November 4, conduct such testing, and thus that 7. Letter from Charles M. Auer, EPA, 1996. processors would not, at least initially, to Caffey Norman, Halogenated Solvents 4. Summary of meeting with be burdened with the need to comply Industry Alliance, September 20, 1996. Halogenated Solvents Industry Alliance with the rule. Thus, in the economic 8. Fax transmittal from Rudolph J. HAP Task Force on 1,1,2- assessment processors of the subject Breglia, BP Oil, to Gary Timm, EPA, Trichloroethane and Ethylene chemicals are not included. September 26, 1996. Dichloride, November 5, 1996. To evaluate the potential economic 9. Electronic correspondence from 5. Summary of meeting with Small effect of testing on HAP manufacturers and importers, EPA estimated the Steve Vasko, Eastalco Aluminum Business Administration on definition impact of the testing requirements as a Company, to Gary Timm, EPA, October of ‘‘small business’’ to be proposed in percentage of chemical sales price. This 1, 1996. the amended HAPs test rule, October 1, measure compares annual revenues 10. Electronic correspondence from 1997. Charlie Gjersvik, Goodwin & Broms, from the sale of a chemical to the Inc., to Gary Timm, EPA, October 25, VI. Regulatory Assessment annualized testing costs for that 1996. Requirements chemical. Annualized testing costs divide testing expenditures in the first 11. Fax transmittal from Rudolph J. A. Economic Assessment Breglia, BP Oil, to Dayton Eckerson, year into an equivalent, constant yearly EPA, November 21, 1996. EPA has prepared a revised economic expenditure over a longer period of 12. Letter from Charles M. Auer, EPA, assessment entitled ‘‘Economic time. To calculate the percent price to Rudolph J. Breglia, BP Oil, July 29, Assessment for the Amended Proposed impact, testing costs (which include 1997. TSCA Section 4(a) Test Rule for 21 both laboratory and administrative 13. Note from Angela F. Hofmann, Hazardous Air Pollutants.’’ This report expenditures) are annualized over 15 EPA, to Kevin Bromberg, Small evaluates the potential for significant years using a 7 percent discount rate. Business Administration, September 9, economic impacts as a result of the Annualized testing costs are then 1997. testing required by this amended HAPs divided by the total supply of the HAP 14. Contact report from Richard proposal. The costs estimated in the chemical to derive the annualized unit Leukroth and George Semeniuk, EPA, of economic assessment are based on the test costs. The percent price impact is 67478 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules calculated by dividing the annualized public reporting burden hours for the burden hours (see Table C–3 of the unit test costs by the sales price and HAP chemicals in this amended HAPs economic assessment) estimated by multiplying by 100. test rule proposal are presented in the EPA, which are presented in greater The upper-bound estimated total costs following Table 2. This table shows the detail in the revised economic of testing (including both laboratory maximum test costs, maximum price assessment document included in the costs and administrative costs), impacts (see Table 26 of the economic public record for this action. annualized tests costs, price impact, and assessment) and public reporting Table 2.ÐSummary of Economic Analysis for the Amended HAPs Test Rule Proposal

Maximum test costs Maximum price Public reporting Chemical substances1 Total ($) Annualized ($) impact (%) burden hours

1,1'-Biphenyl 2,518,183 276,483 0.7292 20,540 Carbonyl Sulfide 3,873,496 425,289 0.0424 35,560 Chlorine 105,186 11,549 0.0005 1,102 Chlorobenzene 1,218,931 133,832 0.1315 9,625 Chloroprene 1,592,388 174,836 0.0601 12,705 Cresol (3 isomers) 3,656,794 401,496 0.6069 28,875 Diethanolamine 2,518,183 276,483 0.2451 20,540 Ethylbenzene 1,934,638 212,413 0.0111 16,200 Ethylene Dichloride 2,397,668 263,251 0.0076 19,816 Ethylene Glycol 1,218,931 133,832 0.0068 9,625 Hydrochloric Acid 105,186 11,549 0.0048 1,102 Hydrogen Fluoride 2,518,183 276,483 0.1108 20,540 Maleic Anhydride 2,220,874 243,840 0.1258 22,755 Methyl Isobutyl Ketone 1,182,703 129,854 0.1384 9,247 Methyl Methacrylate 1,934,638 212,413 0.0200 16,200 Naphthalene 1,182,703 129,854 0.2081 9,247 Phthalic Anhydride 3,761,420 412,984 0.1174 34,513 1,2,4-Trichlorobenzene 977,636 107,339 0.8587 8,780 1,1,2-Trichloroethane 3,839,620 421,570 0.4138 35,275 Vinylidene Chloride 514,871 56,530 0.0853 4,561

Total 39,272,229 4,311,879 336,808 1 The requirement for phenol testing has been removed from the amended HAPs proposal (see Unit III.A. of this preamble).

EPA believes, on the basis of these attributable to the conclusion of any assessing chemical risks and in taking calculations, that the proposed testing of ECAs between EPA and industry. appropriate action within their the HAPs chemicals does not impose While the rule imposes costs, it also programs. any significant economic impact. has significant benefits which were not EPA is seeking comment on the Because these chemical substances have evaluated in the Agency’s economic revised economic assessment. To be relatively large production volumes, the assessment. The data obtained from the considered in this rulemaking, annualized costs of testing, expressed as HAPs test rule will assist the Agency in comments must be submitted in the a percentage of annual revenue, are very making regulatory decisions concerning manner specified in the ‘‘ADDRESSES’’ small—ranging from 0.0005 to 0.86 the protection of human health from section at the beginning of his percent. Costs of testing are therefore respiratory diseases such as asthma, document. found to be insignificant relative to emphysema and respiratory cancer; B. Executive Order 12866 and Executive revenues for companies producing these neurotoxicity; birth defects; and Order 12898; Unfunded Mandates chemical substances. In addition, the reproductive malfunction that are Reform Act TSCA section 12(b) export notification believed to be related to exposure to the requirements that would be triggered by hazardous air pollutant chemicals Because the overall costs associated the final rule are expected to have a included in this rule. Specifically, data with testing under the amended HAPs negligible impact on exporters—that of from this test rule will be used for the proposal are expected to decrease less than 1 percent of sales revenue. As determination of significant residual relative to the original proposal, the discussed in more detail in the risk after the imposition of MACT amended proposal does not contain any economic assessment, the Agency efforts to reduce human exposure to provisions that would require additional expects that the impact of the final these chemicals. The data will also consideration by the Office of HAPs rule will be less than that assist other agenices (e.g., Agency for Management and Budget (OMB) under estimated in the original proposal. Toxic Substances and Disease Registry, Executive Order 12866, entitled Although not considered in the National Institute for Occupational Regulatory Planning and Review (58 FR economic assessment, EPA also Safety and Health, Occupational Safety 51735, October 4, 1993) or Executive anticipates further reductions in the and Health Administration, Consumer Order 12898, entitled Federal Actions to estimated cost of the final rule Product Safety Commission) in Address Environmental Justice in Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67479

Minority Populations and Low-Income a significant economic impact on a Pollutants’’ (see Unit V.H.3. of this Populations (59 FR 7629, February 16, substantial number of small entities. document). 1994). Similarly, the amended proposal In the small entity analysis, the EPA is seeking comment on the use of does not require any actions under Title Agency has used the definition of a the Agency’s definition of ‘‘small II of the Unfunded Mandates Reform ‘‘small business’’ that is codified at 40 business,’’ the ‘‘Additional Information Act of 1995 (UMRA) (Pub. L. 104–4). CFR 704.3 as ‘‘small manufacturer or on Small Entity Impacts of the The Agency’s activities related to these importer,’’ which has been used for the Amended Proposed TSCA Section 4(a) regulatory assessment requirements are general reporting and record keeping Test Rule for 21 Hazardous Air discussed in the original proposed rule. provisions for TSCA section 8(a) Pollutants’’ document, as well as the small entity impacts analysis in the C. Regulatory Flexibility Act information gathering rules. According to section 601(3) of the RFA, agencies original proposal (61 FR 33178, 33196). For the original proposed HAPs test must use the definition of ‘‘small EPA has consulted with the Office of rule, EPA determined under section business’’ that is provided under the Advocacy of the SBA concerning the 605(b) of the Regulatory Flexibility Act Small Business Act, 15 U.S.C. 631 et Agency’s use of the EPA definition. A (RFA), 5 U.S.C. 601 et seq., that the seq., unless it establishes an alternative summary of the meeting is in the record HAPs test rule, if finalized as proposed, definition. The Agency may use the for this rulemaking (see document would not result in a significant alternative definition for RFA purposes referenced in Unit V.J.5. of this economic impact on small businesses. only after it has consulted with the preamble). See Unit XI.B. of the preamble to the Office of Advocacy of the Small Any comments regarding the impacts original HAPs proposal (61 FR 33178, Business Administration (SBA) and that this action may impose on small 33196). In conjunction with this provided an opportunity for public entities should be submitted to the amended proposal, EPA has prepared comment. Agency in the manner specified under ‘‘ADDRESSES’’ at the beginning of this and placed in the record for this action, Under the TSCA-related definition document. a document that gives additional used by EPA, a manufacturer or information on small entity impacts. As importer is considered to be a ‘‘small D. Paperwork Reduction Act presented in this additional analysis, business’’ if it meets either of the The information collection the new TSCA test guidelines cross- following criteria: (1) total annual sales requirements associated with test rules referenced in the amended HAPs of the company, combined with those of under TSCA section 4(a) in general, proposal do not affect the Agency’s any parent company, are below $40 have been approved by the Office of previous determination with regard to million and annual production volume Management and Budget (OMB) small entity impacts. Since processors or importation volume at the facility is pursuant to the Paperwork Reduction would not, at least initially, be less than or equal to 100,000 pounds; or Act, 44 U.S.C. 3501 et seq. (PRA) under burdened with the need to comply with (2) total annual sales of the company, OMB control number 2070–0033 (EPA the rule, processors are not included in combined with those of any parent ICR No. 1139). The information the small entity analysis (see company, are below $4 million (40 CFR collection requirements contained in explanation regarding processors in the 704.3). This definition also includes a this amended proposed rule, however, discussion of the economic assessment provision that allows EPA to adjust the are not effective until the final rule, at in Unit VI.A. of this preamble). total annual sales values for inflation which point the total estimated burden EPA does not believe that the impacts whenever the Agency deems it hours will be added to the total burden described in the analysis constitute a necessary to do so. EPA believes that approved by OMB under control significant economic impact on a specified levels of total annual sales, in number 2070–0033. An Agency may not substantial number of small entities. conjunction with those for annual conduct or sponsor, and a person is not The analysis states that the worst-case production or import volume, indicate required to respond to a collection of estimate shows that, on a HAP chemical the ability of a company to support information subject to OMB approval by HAP chemical basis, a total of 8 chemical testing without significant under the PRA, unless it has been manufacturers/importers (out of 365 costs or burden. approved by OMB and displays a manufacturers/importers initially The small business size standards currently valid OMB control number. burdened) may be affected by the rule. promulgated by the SBA (61 FR 3280, The OMB control numbers for EPA’s No manufacturers/importers for whom 3289–3291, January 31, 1996) for regulations, after initial display in the revenue data were available would be chemical manufacturers are based solely preamble of the final rules, are listed in impacted by test costs that exceed 1 on the number of employees. For 40 CFR part 9. percent of their sales. For 8 chemical manufacturing, however, the The list of public reporting burdens manufacturers/importers whose number of employees may not be for the collection of information for revenues could not be determined, the closely related to the total annual sales chemical substances under the proposed size of the testing burden could not be of a company. Since chemical testing HAPs test rule, as amended, as well as determined and, therefore, the potential primarily requires a financial outlay, the numbers for the total public for impacts at greater than 1 percent of EPA believes that the number of reporting burden and the overall average sales could not be ruled out. employees is a less reliable measure of per chemical have changed from the Nevertheless, in this context the rule a company’s ability to support testing numbers used in Unit XI.C. of the would be unlikely to have a significant than is a company’s total annual sales. preamble to the original HAPs proposal economic impact on a substantial Therefore, in this rulemaking, the (see: ‘‘Paperwork Reduction Act’’ (61 FR number of small entities because the Agency is proposing to use the 33178, 33196)). As described in Unit impacts of 1 percent or greater would be definition that appears at 40 CFR 704.3. VI.A. of this preamble, EPA has on fewer than 100 affected small This definition is discussed in the prepared an economic assessment entities. document entitled, ‘‘Additional which identifies the costs and burdens Therefore, the Agency certifies that Information on Small Entity Impacts of associated with the testing of the HAPs the HAPs test rule, if finalized according the Amended Proposed TSCA section chemicals under the 11 TSCA test to this amended proposal, will not have 4(a) Test Rule for 21 Hazardous Air guidelines referenced in this amended 67480 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules proposal. Table 3 compares the for each of the HAPs chemicals in the hours for each HAP chemical in the estimated public reporting burden hours amended proposal with the burden original proposal. Table 3.ÐComparison of Estimated Public Reporting Burden for the Original and Amended HAPs Test Rule Proposals

Estimated public reporting burden HAPs chemical Original HAPs test rule proposal Amended HAPs test rule proposal

1,1'-Biphenyl 20,620 20,540 Carbonyl sulfide 47,644 35.560 Chlorine 693 1,102 Chlorobenzene 7,707 9,625 Chloroprene 13,039 12,705 ortho-Cresol 6,048 9,625 meta-Cresol 6,048 9,625 para-Cresol 6,048 9,625 Diethanolamine 21,826 20,540 Ethylbenzene 14,400 16,200 Ethylene dichloride 16,707 19,816 Ethylene glycol 7,816 9,625 Hydrochloric acid 693 1,102 Hydrogen fluoride 18,068 20,540 Maleic anhydride 35,849 22,755 Methyl isobutyl ketone 10,471 9,247 Methyl methacrylate 14,400 16,200 Naphthalene 10,580 9,247 Phenol1 693 Phthalic anhydride 51,032 34,513 1,2,4-Trichlorobenzene 8,091 8,780 1,1,2-Trichloroethane 33,133 35,275 Vinylidene chloride 5,439 4,561 Av. Per HAPs response: 15,524 15,309 Total (all HAPs): 357,045 336,808 1 The requirement for phenol testing has been removed from the amended HAPs proposal (see Unit III.A. of this preamble).

The total public reporting is now information, processing and Comments are requested on the estimated to be 336,808 burden hours maintaining information, and disclosing Agency’s need for this information, the for all responses, as compared to the and providing information; adjust the accuracy of the provided burden 357,045 burden hours indicated in the existing ways to comply with any estimates, and any suggested methods original proposal. The overall average previously applicable instructions and for minimizing respondent burden, public reporting burden for each HAP requirements; train personnel to be able including through the use of automated chemical is 15,309 burden hours, as to respond to a collection of collection techniques. Send comments compared to the 15,524 burden hours information; search data sources; to EPA as part of your overall comments estimated in the original proposal. The complete and review the collection of on this proposed action in the manner overall average burden for each HAP information; and transmit or otherwise specified in the ‘‘ADDRESSES’’ section chemical that is presented in the table disclose the information. The burden at the beginning of this document, or to in Unit XI.C. of the original HAPs hours contained in the original the Director, OPPE Regulatory proposal was calculated based on a total economic analysis and the table in Unit Information Division, U.S. HAPs chemical count of 23 chemicals XI.C. of the original HAPs proposal (61 Environmental Protection Agency (Mail (each cresol isomer was considered to FR 33178, 33196), however, were based Code 2137), 401 M Street, SW., be a separate chemical moiety) (61 FR only on burdens associated with the Washington, DC 20460, with a copy to 33178, 33196). This method was also cost of laboratory testing and not the the Office of Information and Regulatory used to calculate the overall average other activities described in the PRA. Affairs, Office of Management and public reporting burden for each HAP In addition, the total burden hours for Budget, 725 17th St., N.W., Washington, chemical for the amended HAPs cresols that were presented in the DC 20503, marked ‘‘Attention: Desk proposal after the removal of data for ‘‘Paperwork Reduction Act’’ section of Officer for EPA.’’ Please remember to phenol (a count of 22 chemicals). the original HAPs proposal were not include the OMB control number in any As defined by the PRA and 5 CFR reported correctly in the chemical-by- correspondence. In developing the final 1320.3, ‘‘burden’’ means the total time, chemical table at 61 FR 33196. The rule, the Agency will address any effort, or financial resources expended reported 6,048 hours was the estimate comments received regarding the by persons to generate, maintain, retain, calculated for each cresol isomer, not all information collection requirements or disclose or provide information to or three isomers as indicated in the table. contained in this proposal. for a Federal agency. This includes the Nevertheless, the total burden of time needed to review instructions; 357,045 hours for all responses that was E. Executive Order 13045 develop, acquire, install, and utilize indicated in the original HAPs proposal Neither the original HAPs proposal technology and systems for the purposes did include the burdens for all three nor this amended proposal requires of collecting, validating, and verifying cresol isomers. special consideration by OMB pursuant Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67481 to the terms of Executive Order 13045, which is directly responsible for year prior to the effective date specified entitled ‘‘Protection of Children from importing the substance and which in Table 1, at no facility, manufacture Environmental Health Risks and Safety controls the import transaction, and such substance in an amount equal to or Risks’’ (62 FR 19885, April 23, 1997), may in some cases be the organization’s in excess of 25,000 lb as a component because the Executive Order does not headquarters office in the United States. of another chemical substance or apply to rulemakings initiated prior to (ii) All persons who, during the last mixture in which the proportion of the the issuance of the Order, in this complete corporate fiscal year prior to substance specified in Table 1 is equal instance, June 26, 1996, or actions the effective date specified in Table 1 in to or in excess of one percent by weight expected to have an economic impact of paragraph (a)(6) of this section, must comply with the requirements of less than $100 million. manufacture (including import, the rule only if directed to do so by EPA List of Subjects in 40 CFR Part 799 manufacture as a byproduct as defined in a subsequent notice because no in 40 CFR 791.3(c), and manufacture, manufacturer has submitted a notice of Environmental protection, Chemicals, including import, as an impurity as its intent to conduct testing. Hazardous substances, Reporting and defined in 40 CFR 790.3) or process any (3) Export notification. All persons recordkeeping requirements, chemical substance specified in Table 1 Incorporation by reference. who export or intend to export a in the form of a Class 1 substance (as chemical substance listed in Table 1 in Dated: December 15, 1997. described in 40 CFR 720.45(a)(1)(i)), or paragraph (a)(6) of this section are Lynn R. Goldman, a component of a Class 2 substance (as subject to part 707, subpart D, of this described in 40 CFR 720.45(a)(1)(i)) or Assistant Administrator for Prevention, chapter. mixture (as defined in TSCA section Pesticides and Toxic Substances. (4) Applicability of test guidelines. 3(8)), but not as a component of a The guidelines and test standards cited Therefore, it is proposed that 40 CFR naturally-occurring substance (as in Table 1 in paragraph (a)(6) of this chapter I, subchapter R, be amended as defined in 40 CFR 710.4(b)) or a non- section are referenced here as they exist follows: isolated intermediate (as defined in 40 on the effective date listed in Table 1 for CFR 704.3), at a facility shall: submit PART 799Ð[AMENDED] that specific test. Testing shall be letters of intent to conduct testing, conducted in accordance with test 1. The authority citation for part 799 submit study plans, conduct testing standards specified in Table 1, which would continue to read as follows: under TSCA Good Laboratory Practice references TSCA health effects test Standards, and submit data, as specified Authority: 15 U.S.C. 2603, 2611, 2625. guidelines codified at subpart H of this in this section and part 792 of this part. 2. Section 799.5053 as proposed to be chapter, or submit exemption added at 61 FR 33197, June 26, 1996, is applications, as specified in part 790 of (5) Testing requirements. The revised to read as follows: this chapter. chemical substances identified by § 799.5053 Chemical testing requirements (iii) As explained in part 790 of this Chemical Abstracts Service (CAS) for hazardous air pollutants. chapter, processors, small-quantity number and chemical name in Table 1 in paragraph (a)(6) of this section shall (a) General testing provisions—(1) manufacturers, and manufacturers of Identification of test substance. Table 1 small quantities of the chemical be tested in accordance with the test in paragraph (a)(6) of this section substances specified in Table 1 solely standards set forth in Table 1. The identifies those chemical substances for research and development purposes column labeled ‘‘Basic testing that shall be tested in accordance with must comply with the requirements of requirements (test guideline)’’ this section. The purity of each test the rule only if directed to do so by EPA references the applicable TSCA test substance shall be 97 percent or greater in a subsequent notice because no guideline on which the test standard is unless otherwise specified. manufacturer has submitted a notice of based, and the column entitled (2) Persons required to submit study its intent to conduct testing. ‘‘Changes from guideline’’ lists the ways plans, conduct tests, and submit data. (iv) Manufacturers of a chemical in which the specific test standard (i) For purposes of this section, the term substance specified in Table 1 who, differs from the basic testing ‘‘facility’’ is defined as ‘‘all buildings, during the last complete corporate fiscal requirement (test guideline), as equipment, structures, and other year prior to the effective date specified specified in paragraph (b) of this stationary items which are located on a in Table 1, at no facility, manufacture section. single site or on contiguous or adjacent such substance in an amount equal to or (6) Reporting requirements. Interim sites and which are owned or operated in excess of 25,000 lb must comply with progress reports for each test shall be by the same person (or by any person the requirements of the rule only if submitted every 6 months, beginning 6 which controls, is controlled by, or is directed to do so by EPA in a months after the effective date of any under common control with such subsequent notice because no specific test listed in the following person). A facility may contain more manufacturer has submitted a notice of Table 1. Final reports for any specific than one establishment.’’ The facility for its intent to conduct testing. test shall be submitted by the deadlines a person who imports a chemical (v) Manufacturers of a chemical indicated as the number of months after substance is the facility of the operating substance specified in Table 1 who, the effective date shown in the unit within the person’s organization during the last complete corporate fiscal following Table 1.

TABLE 1

Test standard Chemical name/types of Effective CAS No. testing Basic testing require- Final report date ments (test guideline) Changes from guideline

75±35±4 Vinylidene chloride: 67482 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

TABLE 1ÐContinued

Test standard Chemical name/types of Effective CAS No. testing Basic testing require- Final report date ments (test guideline) Changes from guideline

Acute 799.9135 (b)(2) 21 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B)

79±00±5 1,1,2-Trichloroethane: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Developmental 799.9370 (b)(1)(ii)(A) 12 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Carcinogenicity 799.9420 (b)(1)(i)(D), (b)(1)(ii)(A) 60 mo In vivo cytogenetics 799.9538 or 799.9539 (b)(1)(ii)(A) 14 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo

80±62±6 Methyl methacrylate: Acute 799.9135 (b)(2) 21 mo Developmental 799.9370 (b)(1)(i)(A), (b)(1)(ii)(A) 12 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 21 mo

85±44±9 Phthalic anhydride: Acute 799.9350 (b)(2) 21 mo Subchronic 799.9346 (b)(1)(ii)(B), (b)(3) 18 mo Developmental 799.9370 (b)(1)(ii)(B) 12 mo Reproductive 799.9380 (b)(1)(ii)(B) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(B), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Carcinogenicity 799.9420 (b)(1)(ii)(B) 60 mo Immunotoxicity 799.9780 (b)(1)(ii)(B), (b)(4) 18 mo

91±20±3 Naphthalene: Acute 799.9135 (b)(2) 21 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 21 mo

92±52±4 1,1'-Biphenyl: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(1)(ii)(B), (b)(3) 18 mo Developmental 799.9370 (b)(1)(i)(A), (b)(1)(ii)(B) 12 mo Reproductive 799.9380 (b)(1)(ii)(B) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(B), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(B), (b)(4) 18 mo

95±48±7 ortho-Cresol: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A) 21 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo

108±39±4 meta-Cresol: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A) 21 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo

106±44±5 para-Cresol: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A) 21 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67483

TABLE 1ÐContinued

Test standard Chemical name/types of Effective CAS No. testing Basic testing require- Final report date ments (test guideline) Changes from guideline

100±41±4 Ethylbenzene: Acute 799.9135 (b)(2) 21 mo Developmental 799.9360 (b)(1)(i)(A), (b)(1)(ii)(A) 12 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 21 mo

107±06±2 Ethylene dichloride: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Developmental 799.9370 (b)(1)(i)(C), (b)(1)(ii)(A) 12 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B)

107±21±1 Ethylene glycol: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo

108±10±1 Methyl isobutyl ketone: Acute 799.9135 (b)(2) 21 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 29 mo

108±31±6 Maleic anhydride: Acute 799.9135 (b)(2) 21 mo Developmental 799.9370 (b)(1)(i)(A), (b)(1)(ii)(A) 12 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Carcinogenicity 799.9420 (b)(1)(ii)(A) 60 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 21 mo

108±90±7 Chlorobenzene: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo

111±42±2 Diethanolamine: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(1)(ii)(B), (b)(3) 18 mo Developmental 799.9370 (b)(1)(ii)(B) 12 mo Reproductive 799.9380 (b)(1)(ii)(B) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(B), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(B), (b)(4) 18 mo

120±82±1 1,2,4-Trichlorobenzene: Acute 799.9135 (b)(2) 21 mo Developmental 799.9370 (b)(1)(ii)(A) 12 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 21 mo

126±99±8 Chloroprene: Acute 799.9135 (b)(2) 21 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) 67484 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

TABLE 1ÐContinued

Test standard Chemical name/types of Effective CAS No. testing Basic testing require- Final report date ments (test guideline) Changes from guideline

Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 21 mo

463±58±1 Carbonyl sulfide: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Developmental 799.9370 (b)(1)(ii)(A) 12 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Carcinogenicity 799.9420 (b)(1)(ii)(A) 60 mo Bacterial reverse mutation 799.9510 (b)(1)(ii)(C) 6 mo Mammalian gene mutation 799.9530 (b)(1)(ii)(C) 6 mo In vivo cytogenetics 799.9538 or 799.9539 (b)(1)(ii)(A) 14 mo Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo

7647±01±0 Hydrochloric acid: Acute 799.9135 (b)(2) 21 mo

7664±39±3 Hydrogen fluoride: Acute 799.9135 (b)(2) 21 mo Subchronic 799.9346 (b)(3) 18 mo Developmental 799.9370 (b)(1)(ii)(A) 12 mo Reproductive 799.9380 (b)(1)(ii)(A) 29 mo Neurotoxicity 799.9620 (b)(1)(ii)(A), (b)(1)(iii)(A), 21 mo (b)(1)(iii)(B) Immunotoxicity 799.9780 (b)(1)(ii)(A), (b)(4) 18 mo

7782±50±5 Chlorine: Acute 799.9135 (b)(2) 21 mo

(b) Changes from TSCA test (A) Exposed for a 4-hour period in an 2959. Copies may be inspected at the guidelines. The provisions in acute study. above address or at the Office of the paragraphs (b)(1) through (b)(4) of this (B) Exposed for 6 hours per day, 5 Federal Register, 800 North Capitol section when referenced in Table 1 in days per week for a 90-day period in a Street, NW., Suite 700, Washington, DC. paragraph (a)(6) of this section under subchronic study. For information on this test guideline, the column ‘‘Changes from guideline,’’ (2) Modifications applicable to acute the references in paragraph (b)(2)(iii) of specify the manner in which the testing. When referenced in Table 1 in this section should be consulted. specific test standard differs from the paragraph (a)(6) of this section, all (ii) Results of respiratory sensory TSCA test guideline upon which it is provisions in this paragraph apply. irritation assay. Results shall be based. (i) The appraisal of pulmonary reported as follows: (1) Modifications applicable to all irritation shall be evaluated during (A) Data shall be included in the final testing. Only those provisions exposure to the substance by the use of report and tabulated to show: specifically referenced in Table 1 in the mouse respiratory sensory irritation (1) The magnitude of change in paragraph (a)(6) of this section apply. assay method as outlined in ASTM E– respiratory rate with exposure 981–84 (see paragraph (b)(2)(iii)(C) of (i) Test species. The test animal shall concentration and with time for each this section). This method assesses the be: animal. breathing patterns of test animals. This (A) A mammalian species other than (2) A response concentration, which incorporation by reference was the rat. indicates the concentration at which the approved by the Director of the Federal respiration rate is decreased by 50% (B) A mammalian species other than Register in accordance with 5 U.S.C. (RD50), will be calculated, along with the mouse. 552(a) and 1 CFR part 51. This material the 95% confidence limits. (C) A mammalian species other than is incorporated as it exists on the date (B) Time-effect curves shall be the rabbit. of approval and notice of any change in included in the final report to evaluate (D) The male rat and the female this material will be published in the the onset and shape of the response. mouse. Federal Register. Copies of the (iii) References. (ii) Route of exposure. Animals shall incorporated material may be examined (A) Alarie, Y., and Luo, J.E. ‘‘Sensory be exposed: at the TSCA Nonconfidential Irritation by Airborne Chemicals: A (A) Via vapor-phase inhalation. Information Center, Rm. NE–B607, 401 basis to establish acceptable levels of (B) Via inhalation of aerosol. M St., SW., Washington, DC, 20460 or exposure.’’ Toxicology of the Nasal (C) Via vapor-phase. by contacting the American Society for Passages. Hemisphere Publishing (iii) Duration and frequency of Testing and Materials (ASTM), 100 Bar Corporation: New York pp. 91–100 exposure. The test animal shall be: Harbor Drive, Conshohoken, PA 19428– (1986). Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67485

(B) Alarie, Y., and Stokinger, H.E. and the medial surfaces of the vocal Information Center, Rm. NE–B607, 401 ‘‘Sensory Irritation by Airborne processes of the arytenoid cartilages. M St., SW., Washington, DC, 20460, for Chemicals.’’ CRC Critical Reviews in (ii) Bronchoalveolar lavage. the Burleson citation by contacting the Toxicology. pp. 299–363 (1973). Bronchoalveolor lavage shall be Society for Experimental Biology and (C) ASTM. ‘‘Standard Test Method for performed as follows: Medicine, at Blackwell Science Ltd., Estimating Sensory Irritancy of Airborne (A) The lungs shall be lavaged in situ 238 Main Street, Cambridge, MA 02142, Chemicals.’’ In: 1984 Annual Book of or after sacrifice. If the study will not be and for the Gilmour and Selgrade ASTM Standards. Water and compromised, one lobe of the lungs may citation by contacting Academic Press, Environmental Technology. Section 11. be used for lung lavage while the other Inc., Toxicology and Applied Volume 11.04 Designation E 981–84 pp. is fixed for histologic evaluation. The Pharmacology, 62777 Sea Harbor Drive, 572–584 (1984). lungs shall be lavaged using Orlando, FL 32887. Copies may be (3) Modifications applicable to physiological saline after cannulation of inspected at the above address or at the subchronic testing. When referenced in the trachea. The lavages shall consist of Office of the Federal Register, 800 North Table 1 of this section, all provisions in two washes each of which consists of Capitol Street, NW., suite 700, this paragraph apply. approximately 80 percent (e.g., 5 ml in Washington, DC. The following (i) Respiratory tract pathology. rats and 1 ml in mice) of total lung references may be consulted: Respiratory tract pathology shall be volume. Additional washes merely tend performed as follows: (1) Burleson, G.R. et al. ‘‘Poly (I): poly (A) Care shall be taken that the to reduce the concentrations of the (C)-enhanced alveolar peritoneal method used to kill the animal does not material collected. The lung lavage fluid macrophage phagocytosis: result in damage to the tissues of the shall be stored on ice at approximately Quantification by a new method upper or lower respiratory tract. The 5 deg. C until assayed. utilizing fluorescent beads.’’ heart-lung, including the trachea, shall (B) The following parameters shall be Proceedings of the Society for be removed in bloc. determined in the lavage fluid as Experimental Biology and Medicine. (B) Representative sections of the indicators of cellular damage in the 184:468–476 (1987). lungs shall be examined histologically. lungs: total protein, cell count and (2) Gilmour, G.I., and Selgrade, M.K. This shall include trachea, major percent leukocytes. In addition, a ‘‘A Comparison of the Pulmonary conducting airways, alveolar region, phagocytosis assay using the procedure Defenses against Streptococcal Infection terminal and respiratory bronchioles, of Burleson or Gilmour and Selgrade in Rats and Mice Following O3 alveolar ducts and sacs, and interstitial (Burleson et al., 1987; Gilmour and Exposure: Differences in Disease tissues. Selgrade, 1993) shall be performed to Susceptibility and Neutrophil (C) The nasopharyngeal tissue shall be determine macrophage activity. This Recruitment.’’ Toxicology and Applied examined for histopathologic lesions. incorporation by reference was Pharmacology. 123:211–218 (1993). approved by the Director of the Federal This shall include sections through the (4) Modifications applicable to Register in accordance with 5 U.S.C. nasal cavity, and examination of the immunotoxicity testing. The natural 552(a) and 1 CFR part 51. This material squamous, transitional, respiratory, and killer cell assay and enumeration of is incorporated as it exists on the date olfactory epithelia. splenic or peripheral blood cells in (D) The larynx mucosa shall be of approval and notice of any change in § 799.9789 (g)(1)(iii) and (g)(2) are not examined for histopathologic changes. this material will be published in the required. Sections of the larynx to be examined Federal Register. Copies of the include the epithelium covering the incorporated material may be obtained [FR Doc. 97–33451 Filed 12–23–97; 8:45 am] base of the epiglottis, the ventral pouch, from the TSCA Nonconfidential BILLING CODE 6560±50±F federal register December 24,1997 Wednesday Solicitation ofApplications;Notice Grants ProgramforFiscalYear1998; Biotechnology RiskAssessmentResearch and ExtensionService Cooperative StateResearch,Education, Agricultural ResearchService Agriculture Department of Part IV 67487 67488 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

DEPARTMENT OF AGRICULTURE scientific information derived from the requested in this solicitation. In risk assessment research that it funds. addition, proposals must include Agricultural Research Service Research proposals submitted to the detailed descriptions of the Cooperative State Research, Program must be applicable to the experimental design and appropriate Education, and Extension Service purpose of the Program to be statistical analyses to be done. The considered. Program strongly encourages the inclusion of statisticians and risk Biotechnology Risk Assessment Applicant Eligibility Research Grants Program for Fiscal analysis researchers as co-principal Year 1998; Solicitation of Applications Proposals may be submitted by any investigators or contractors. United States public or private research Awards will not be made for clinical AGENCY: Agricultural Research Service; or educational institution or trials, commercial product Cooperative State Research, Education, organization. development, product marketing and Extension Service, USDA. Available Funding strategies, or other research deemed not ACTION: Notice of Biotechnology Risk appropriate to risk assessment. Assessment Research Grants Program; Subject to the availability of funds, Proposal Evaluation Fiscal Year 1998 solicitation of the anticipated amount available for applications. support of the Program in FY 1998 is Proposals will be evaluated by the $1.5 million. Administrator assisted by a peer panel SUMMARY: Applications are invited for Section 712 of the Agriculture, Rural of scientists for scientific merit, competitive grant awards under the Development, Food and Drug qualifications of project personnel, Biotechnology Risk Assessment Administration, and Related Agencies adequacy of facilities, and relevance to Research Grants Program (the Appropriations Act, 1998 (Pub. L. 105– both risk assessment research and ‘‘Program’’) for fiscal year (FY) 1998. 86), prohibits CSREES from using the regulation of agricultural biotechnology. The authority for the Program is funds available for the Program for FY contained in section 1668 of the Food, 1998 to pay indirect costs exceeding 14 Areas of Research To Be Supported in Agriculture, Conservation, and Trade per centum of the total Federal funds Fiscal Year 1998 Act of 1990 (7 U.S.C. 5921). The provided under each award on Proposals addressing the following Program is administered by the competitively awarded research grants. topics are requested: Cooperative State Research, Education, Section 716 of the Agriculture, Rural 1. Research on the introduction into and Extension Service (CSREES) and the Development, Food and Drug the environment (not in a contained Agricultural Research Service (ARS) of Administration, and Related Agencies facility) of genetically engineered the U.S. Department of Agriculture. Appropriations Act, 1998, encourages organisms. The data collected may DATES: Proposals are due March 24, entities to use grant funds to purchase include: survival; reproductive fitness; 1998. only American-made equipment or genetic stability; genetic recombination; FOR FURTHER INFORMATION CONTACT: Dr. products in the case of any equipment horizontal gene transfer; loss of genetic Edward K. Kaleikau, USDA/CSREES, or product that may be authorized to be diversity; or enhanced competitiveness. (202) 401–1901, Dr. Daniel D. Jones, purchased with the funds provided The organisms may include: fungi; USDA/CSREES, (202) 401–6854, or Dr. under this program. bacteria; viruses; microorganisms; Robert M. Faust, USDA/ARS, (301) 504– CSREES and ARS will competitively plants; arthropods; fish; birds; 6918. award research grants to support mammals; and other animals. science-based biotechnology regulation 2. Research on large-scale deployment SUPPLEMENTARY INFORMATION: and thus help address concerns about of genetically engineered organisms; Table of Contents the effects of introducing genetically especially commercial uses of such modified organisms into the organisms, with special reference to Purpose Applicant Eligibility environment and help regulators in considerations that may not be revealed Available Funding developing policies regarding such through small-scale evaluations and Program Description introduction. tests. This may include monitoring Proposal Evaluation The Program’s research emphasis is locations where transgenic virus Areas of Research to be Supported in Fiscal on risk assessment and not risk resistant plants (expressing viral Year 1998 management. The Program defines risk transgenes) are grown on a commercial Applicable Regulations assessment research as the science- scale or in large-scale production for Programmatic Contact based evaluation and interpretation of viral strains which overcome the How to Obtain Application Materials factual information in which a given Proposal Format resistance phenotype. The analysis of Compliance with the National Environmental hazard, if any, is identified, and the resistance-breaking strains should Policy Act (NEPA) consequences associated with the include analyzing whether the strain Proposal Submission and Due Date hazard are explored. The Program arose via recombination between viral Additional Information defines risk management as (1) research transgenes and the viral genome. Such aimed primarily at reducing risks of projects should survey the production Purpose biotechnology-derived agents and (2) a sites for two to three years. The purpose of the Program is to policy and decision-making process that 3. Research to develop statistical assist Federal regulatory agencies in uses risk assessment data in deciding methodology and quantitative measures making science-based decisions about how to avoid or mitigate the of risks associated with field testing of the safety of introducing into the consequences identified in a risk genetically modified organisms. environment genetically modified assessment. Proposals must be relevant 4. The Program will, subject to organisms, including plants, to risk assessment to be eligible for this resource availability, provide partial microorganisms, fungi, bacteria, viruses, Program. funding to organize a scientific research arthropods, fish, birds, mammals and Proposals must include a statement conference that brings together other animals. The Program describing the relevance of the proposed scientists and regulators to review the accomplishes this purpose by providing project to one or more of the topics science-based evidence, if any, that the Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67489 introduction of a pest resistance gene Dr. Daniel D. Jones, Cooperative State must be included in the proposal. The into a crop plant poses the risk of Research, Education, and Extension applicant shall review the following increasing the fitness of weedy, sexually Service, U.S. Department of categorical exclusions and determine if compatible relatives of the crop plant. Agriculture, STOP 2220, 1400 the proposed project may fall within Data considered should include the Independence Avenue, S.W., one of the categories: introduction of pest resistance genes by Washington, D.C. 20250–2220, (1) Department of Agriculture conventional breeding or by a process Telephone: (202) 401–6854 Categorical Exclusions (7 CFR 1b.3) involving recombinant DNA. The or conference should provide an Dr. Robert M. Faust, Agricultural (i) Policy development, planning and opportunity to address how experiments Research Service, U.S. Department of implementation which are related to could be designed to test whether a pest Agriculture, Room 338, Building 005, routine activities such as personnel, resistance gene increases the fitness of BARC-West, Beltsville, MD 20705, organizational changes, or similar weeds in the field. The scientific Telephone: (301) 504–6918 administrative functions; (ii) Activities which deal solely with steering committee for the conference How To Obtain Application Materials should include a broad representation of the funding of programs, such as disciplines, including ecology, Copies of this solicitation, the program budget proposals, population biology, plant pathology, administrative provisions for the disbursements, and transfer or entomology, plant breeding, and others Program (7 CFR Part 3415), and the reprogramming of funds; (iii) Inventories, research activities, as appropriate. Evaluation criteria of Application Kit, which contains and studies, such as resource submitted proposals will include: required forms, certifications, and inventories and routine data collection choice of topics and selection of instructions for preparing and when such actions are clearly limited in speakers; general format of the submitting applications for funding, context and intensity; conference, especially with regard to its may be obtained by contacting: Proposal Services Unit, Grants Management (iv) Educational and informational appropriateness for fostering scientific programs and activities; exchange; provisions for wide Branch, Office of Extramural Programs, Cooperative State Research, Education, (v) Civil and criminal law participation from the scientific and enforcement and investigative activities; regulatory community and others as and Extension Service, U.S. Department of Agriculture, STOP 2245, 1400 (vi) Activities which are advisory and appropriate; qualifications of the consultative to other agencies and Independence Avenue, S.W., organizing committee and public and private entities; and Washington, D.C. 20250–2245, appropriateness of invited speakers to (vii) Activities related to trade the topic areas being covered; and Telephone Number: (202) 401–5048. representation and market development Application materials may also be appropriateness of the budget requested activities abroad. and qualifications of the project requested via Internet by sending a personnel. message with your name, mailing (2) CSREES and ARS Categorical address (not e-mail) and telephone Exclusions (7 CFR 3407.6 and 7 CFR Applicable Regulations number to [email protected] which 520.5) This Program is subject to the states that you wish to receive a copy of Based on previous experience, the administrative provisions found in 7 the application materials for the FY following categories of CSREES and CFR part 3415, which set forth 1998 Biotechnology Risk Assessment ARS actions are excluded because they procedures to be followed when Research Grants Program. The materials have been found to have limited scope submitting grant proposals, rules will then be mailed to you (not e- and intensity and to have no significant governing the evaluation of proposals, mailed) as quickly as possible. individual or cumulative impacts on the the awarding of grants, and post-award Proposal Format quality of the human environment: administration of such grants. Several (i) The following categories of The format guidelines for full research research programs or projects of limited other Federal statutes and regulations proposals, found in the administrative apply to grant proposals considered for size and magnitude or with only short- provisions for the Program at term effects on the environment: review or to grants awarded under this § 3415.4(d), should be followed for the Program. These include but are not (A) Research conducted within any preparation of proposals under the laboratory, greenhouse, or other limited to: Program in FY 1998. (Note that the 7 CFR Part 3019, as amended by 62 contained facility where research Department elects not to solicit practices and safeguards prevent FR 45934—USDA implementation of preproposals in FY 1998.) OMB Circular A–110, Uniform environmental impacts; (B) Surveys, inventories, and similar Administrative Requirements for Grants Compliance With the National studies that have limited context and and Agreements with Institutions of Environmental Policy Act (NEPA) minimal intensity in terms of changes in Higher Education, Hospitals and Other As outlined in 7 CFR Part 3407 and the environment; and Nonprofit Organizations. 7 CFR Part 520 (the CSREES and ARS (C) Testing outside of the laboratory, Programmatic Contact regulations implementing the National such as in small, isolated field plots, Environmental Policy Act of 1969), which involves the routine use of For additional information on the environmental data for any proposed familiar chemicals or biological Program, please contact: project is to be provided to CSREES and materials. Dr. Edward K. Kaleikau, Cooperative ARS so that CSREES and ARS may (ii) Routine renovation, rehabilitation, State Research, Education, and determine whether any further action is or revitalization of physical facilities, Extension Service, U.S. Department of needed. Form CSREES–1234, ‘‘NEPA including the acquisition and Agriculture, STOP 2241, 1400 Exclusions Form’’ (copy in Application installation of equipment, where such Independence Avenue, S.W., Kit), indicating the applicant’s opinion activity is limited in scope and Washington, D.C. 20250–2241, of whether or not the project falls within intensity. Telephone: (202) 401–1901 one or more categorical exclusions, In order for CSREES and ARS to or along with supporting documentation, determine whether any further action is 67490 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices needed with respect to NEPA, pertinent should be typed on one side of the page Cooperative State Research, Education, information regarding the possible only. Each copy of each proposal must and Extension Service, U.S. Department environmental impacts of a particular be stapled securely in the upper of Agriculture, Room 303, Aerospace project is necessary; therefore, a lefthand corner (DO NOT BIND). All Center, 901 D Street, S.W., Washington, separate statement must be included in copies of the proposal must be D.C. 20024, Telephone: (202) 401–5048. the proposal indicating whether the submitted in one package. Additional Information applicant is of the opinion that the Where and When To Submit project falls within a categorical The Biotechnology Risk Assessment exclusion and the reasons therefor. If it Proposals must be postmarked by Research Grants Program is listed in the is the applicant’s opinion that the March 24, 1998 to be eligible for the Catalog of Federal Domestic Assistance project proposed falls within the program. Proposals received after the under No. 10.219. For reasons set forth categorical exclusions, the specific deadline date of March 24, 1998, as in the final rule-related Notice to 7 CFR exclusions must be identified. The indicated either by the postmark date on part 3015, subpart V (48 FR 29115, June information submitted shall be First Class or express mail, or by the 24, 1983), this Program is excluded from identified as ‘‘NEPA Considerations’’ date on a courier bill of lading, will be the scope of Executive Order No. 12372 and the narrative statement shall be returned without review. Proposals which requires intergovernmental placed after the coversheet of the must be sent to the following address: consultation with State and local proposal. Biotechnology Risk Assessment officials. Even though a project may fall within Research Grants Program, c/o Proposal Under the provisions of the the categorical exclusions, CSREES and Services Unit, Grants Management Paperwork Reduction Act of 1995 (44 ARS may determine that an Branch, Office of Extramural Programs, U.S.C. chapter 35), the collection of Environmental Assessment or an Cooperative State Research, Education, information requirements contained in Environmental Impact Statement is and Extension Service, U.S. Department this Notice have been approved under necessary for an activity, if substantial of Agriculture, STOP 2245, 1400 OMB Document No. 0524–0022. controversy on environmental grounds Independence Avenue, S.W., Done at Washington, D.C., on this 15 day exists or if other extraordinary Washington, D.C. 20250–2245, of December, 1997. conditions or circumstances are present Telephone: (202) 401–5048. Colien Hefferan, Proposals delivered by hand must be which may cause such activity to have received at the following address by Associate Administrator, Cooperative State a significant environmental effect. Research, Education, and Extension Service. March 24, 1998 (note that the zip code Proposal Submission and Due Date differs from that shown above): Edward B. Knipling, Biotechnology Risk Assessment Associate Administrator, Agricultural What To Submit Research Grants Program, c/o Proposal Research Service. An original and 14 copies of a Services Unit, Grants Management [FR Doc. 97–33500 Filed 12–23–97; 8:45 am] proposal must be submitted. Proposals Branch, Office of Extramural Programs, BILLING CODE 3410±22±P federal register December 24,1997 Wednesday Management (ISM)Code);FinalRule Prevention (InternationalSafety Safe OperationofShipsandforPollution International ManagementCodeforthe 46 CFRPart2,etal. 33 CFRPart96 Coast Guard Transportation Department of Part V 67491 67492 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION DC 20593–0001, telephone (202) 267– hearings but none were held. Reasons 1053, or fax (202) 267–4570. for not holding public hearings before Coast Guard the publishing of this rule are explained SUPPLEMENTARY INFORMATION: in the ‘‘Discussion of Comments and 33 CFR Part 96 Regulatory History Changes’’ section of this rule. 46 CFR Parts 2, 31, 71, 91, 107, 115, In May of 1994, the ISM Code was Background and Purpose adopted as Chapter IX of the 126, 175, 176, and 189 This rule is necessary to fulfill the International Convention for the Safety mandates of 46 U.S.C. 3203, as added by [CGD 95±073] of Life at Sea (SOLAS) 1974, as section 602 of the Coast Guard RIN 2115±AF44 amended. The ISM Code’s adoption Authorization Act of 1996 (Pub. L. 104– occurred at the International Maritime 324, 110 Stat. 3901). The purpose of this International Management Code for the Organization’s (IMO’s) Conference of rule is to establish national safety Safe Operation of Ships and for Contracting Governments to SOLAS in management system standards and Pollution Prevention (International London at IMO’s Headquarters. requirements for the development, Safety Management (ISM) Code) On October 19, 1996, the President documentation, auditing, and signed into law the Coast Guard AGENCY: Coast Guard, DOT. completion of certification by vessel Authorization Act of 1996 as Pub. L. owners or responsible persons. These ACTION: Final rule. 104–324, 110 Stat. 3901. Section 602 of vessel safety management system the Act added Chapter 32 to Title 46 SUMMARY: In a Notice of Proposed regulations are consistent with the U.S. Code, ‘‘Management of Vessels.’’ 46 Rulemaking (NPRM) published on May international regulations of Chapter IX U.S.C. 3203 mandated the Secretary of 1, 1997, the Coast Guard proposed of the International Convention for the Transportation to develop regulations national regulations for responsible Safety of Life at Sea (SOLAS) 1974, as for the implementation of safety persons and their vessel(s) engaged on amended. Chapter IX of SOLAS requires management systems which are international and domestic voyages, to that all vessels to which SOLAS is consistent with the International Safety develop safety management systems to applicable, and their companies, have Management (ISM) Code, for vessels and enhance vessel operating safety at sea, effective safety management systems their companies which are engaged on prevent human injury or loss of life, and developed to meet the performance foreign voyages. avoid damage to the environment, in elements of the International Safety On April 24, 1997, the Secretary of particular to the marine environment, Management (ISM) Code (International Transportation delegated to the and to property. Section 602 of the Maritime Organization (IMO) Resolution Commandant of the Coast Guard the Coast Guard Authorization Act of 1996 A.741(18)). responsibilities under 46 U.S.C. Chapter (Pub. L. 104–324) requires this action. The development of these 32 and 46 U.S.C. 3103 for the This final rule completes those requirements has been fueled by the implementation and enforcement of standards which will allow U.S. vessels continued occurrences of significant safety management systems on U.S. that are certificated to engage on marine casualties despite engineering vessels engaged on foreign voyages. This international voyages to meet the and technological innovations to stop delegation was published as a final rule mandatory certification requirements, or such casualties over the last two in the Federal Register (62 FR 19935) voluntarily meet these safety standards decades. In an effort to further reduce and codified in 49 CFR 1.46 (fff) and for domestic voyages. It also provides these casualties, the Coast Guard (ggg). standards to permit recognized evaluated the role of the ‘‘human On May 1, 1997, the Coast Guard organizations to apply for authorization element’’ in the maritime safety published a NPRM (62 FR 23705) in the from the U.S. to complete external equation. Recent casualty studies Federal Register on implementation audits and issue international concluded that in excess of 80 percent standards for safety management convention certificates for U.S. vessels of all high consequence marine systems for vessels and their companies on behalf of the U.S. casualties may be directly or indirectly that are certificated to engage on attributable to the ‘‘human element.’’ DATES: This final rule is effective on international voyages. These proposed Consequently, the international January 23, 1998. The incorporation by regulations provided standards for: maritime community saw the need to reference of certain publications listed • The development and compliance of emphasize shipboard safety in the rule are approved by the Director safety management systems for U.S. management practices to minimize of the Federal Register on January 23, vessels and their companies; human errors or omissions. These types 1998. • Mandatory certification of safety of errors play a part in virtually every ADDRESSES: Unless indicated, management systems to international casualty, including those where documents referred to in this preamble levels; structural or equipment failure may be are available for inspection or copying • Voluntary certification of safety the direct cause. at the office of the Executive Secretary, management systems for U.S. domestic The U.S. has been at the forefront Marine Safety Council (G–LRA/3406), trading vessels; and providing input, analysis and direction U.S. Coast Guard Headquarters, 2100 • Authorization by the U.S. to for the IMO’s development of these Second Street SW., Washington, DC organizations to complete external international regulations. The U.S. 20593–0001, between 9:30 a.m. and 2 audits and certification of U.S. vessels recognized that the human element p.m., Monday through Friday, except required to meet the U.S. and needed to be addressed and initiated the Federal holidays. The telephone number international safety management system Prevention Through People (PTP) is (202) 267–1477. standards. program which examines and defines FOR FURTHER INFORMATION CONTACT: Mr. The NPRM comment period closed on the critical role that the human element Robert M. Gauvin, Project Manager, July 30, 1997. During the 90 day plays in maritime safety. The PTP Vessel and Facility Operating Standards comment period, 51 documents were concept asserts that safe and profitable Division (G–MSO–2), U.S. Coast Guard, received that contained 118 comments. operations require a systematic 2100 Second Street SW., Washington, Seventeen comments requested public approach toward the constant and Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67493 balanced interaction between the or incidents that can adversely impact management system guidelines in NVIC elements of management, the work the marine environment can occur. 2–94. Comments received at these environment, individual behavior, and The ISM Code performance elements meetings were audiotaped and are a part appropriate technology. The ISM Code require the development of safety of this docket. offers a systematic approach to mariners management systems which document Discussion of Comments and Changes with the policy and procedures needed and communicate the owner’s operation to understand their duties and address policy, chain of authority, and The Coast Guard received a total of 51 the human element issues and risks that operational and emergency procedures. documents containing 118 comments to can prevent casualties from occurring. It also requires management reviews, the public docket. This section of the The voluntary certification of safety internal audits and correction(s) of non- preamble discusses the comments management systems by U.S. vessels in conformities as directed by company’s received and the Coast Guard’s domestic trade supports the PTP management procedures. The responses and changes to the proposed strategies to bring government and documentation of a safety management rule. This section is divided into three industry together in making cultural system provides the basis for auditing parts. First, we discuss the comments change and partnerships to address the an employee’s knowledge, ashore and that request public hearings. Second, we human element in maritime operations afloat, of the company’s procedures and discuss the comments on specific CFR and pollution prevention. policies. It illustrates owner, manager cites. Third, we discuss the general Accordingly, the Coast Guard and Master responsibilities specifically comments concerning other issues endorsed the guidance provided by the and ensures awareness of national and relating to this rulemaking and the ISM Code in IMO Resolution A.741(18), international standards in the system’s implementation of safety management and provided it as a reference in procedures. system requirements. Navigation and Vessel Inspection The ISM Code performance standards Comments Requesting Public Hearings Circular No. 2–94 (NVIC 2–94) are broad based to allow flexibility for Sixteen comments requested a public published March 15, 1994, ‘‘Guidance the differences that each responsible hearing to discuss the requirements in Regarding Voluntary Compliance with person has to work with in managing a 33 CFR 96.250(f)(4), involving the the International Management Code for variety of vessels or just one. A safety the Safe Operation of Ships and for determination of medical fitness for management system is seen as a living seafarers. The concern expressed was Pollution Prevention.’’ system that will change and grow as the In May 1994, Chapter IX of SOLAS, that this section permitted amendments responsible person, his or her managers to the standards that determined the ‘‘Management for the Safe Operation of and shore-based and vessel-based Ships,’’ was adopted by the U.S. at the medical fitness of mariners. The Coast personnel see the need for change, or as Guard is not amending any regulations IMO’s Conference of Contracting technology and vessel operations Governments to SOLAS, 1974. Chapter or standards regarding the change. The best safety management determination of medical fitness for IX of SOLAS mandates that all vessels system is one where there is subject to SOLAS, and their companies, mariners as part of this rulemaking. This commitment from the top management rulemaking only requires that the have effective safety management of the company and its personnel to act systems developed and in use that responsible person provide procedures safely and in an environmentally or policies in the safety management conform to the performance elements of responsible manner at all times. The the ISM Code (IMO Resolution system on how these existing accessibility of senior management A.741(18)). Companies whose U.S. flag requirements are managed by the throughout the development of the vessels trade internationally (engaged company. We do not intend to hold safety management system and on a foreign voyage) and are subject to public hearings due to these requests, as throughout the systems life, is also a key SOLAS, must have their safety they would require actions on factor to its success. management system externally audited regulations outside the scope of this To ensure that the U.S. public and and must receive the appropriate rulemaking. We understand the maritime industry understood the international certificates from the U.S. importance of these requests and asked mandatory requirements of the ISM or from an organization authorized to the Executive Director of the Merchant Code, the Coast Guard published a act on behalf of the U.S. Marine Personnel Advisory Committee The ISM Code marks a significant notice in the Federal Register on (MERPAC) to place these comments and philosophical shift in the maritime October 5, 1995 (60 FR 52143). This concerns on the Committee’s working community’s approach to safety by notice explained the adoption of the agenda to discuss in its public meetings recognizing the human element’s role in ISM Code by the Contracting Parties of with the Coast Guard. The Executive preventing marine casualties and SOLAS, and scheduled four public Director of MERPAC and the ensuring vessels are operated meetings held at the following times Committee’s Chairperson agreed to responsibly in accordance with and locations: place it on MERPAC’s working agenda. domestic and international standards. October 30, 1995, Federal Building, MERPAC is a federal advisory The ISM Code is seen as a major Seattle, Washington; committee appointed by the Secretary of contributor to industry’s self-evaluation November 1, 1995, Port Authority the Department of Transportation under and actions to address the human Building, Long Beach, California; the Federal Advisory Committee Act (5 element concerns. It is intended to November 13, 1995, Holiday Inn U.S.C. App. 2). MERPAC is composed of change the current approach of Downtown, New Orleans, Louisiana; marine industry personnel appointed to regulatory compliance from industry’s and advise the Coast Guard on merchant passive defect notification and November 16, 1995, Port Authority marine issues. The Committee offers an correction response mode to an Building, New York City, New York. open forum to hear individuals, groups aggressive approach to safety and At these public meetings, the Coast or industry specific concerns, then environmental protection. Under this Guard received comments on works to provide the Coast Guard with proactive approach, potential implementation of the international recommendations as to what actions discrepancies are resolved by the requirements and provide a presentation may be needed. MERPAC has addressed companies themselves before casualties on the U.S.’s voluntary safety the issue of mariner’s physical fitness 67494 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations standards in the past and will, when change this phrase. ‘‘On an international One comment requested that the term changes are proposed, address it in the voyage’’ is described in 46 CFR 2.01–8, ‘‘responsible person’’ be replaced by the future. MERPAC’s next meeting is entitled ‘‘Application of regulations to term ‘‘owner’’ because of possible scheduled for May 1, 1998. A notice vessels or tankships on an international confusion with the term ‘‘responsible announcing the Committee’s working voyage.’’ For consistency throughout party,’’ which is defined in the Oil agenda, schedule and place of meeting title 46 CFR, we have not changed the Pollution Act of 1990 (OPA 90). The will be published in the Federal final rule. Coast Guard does not agree with this Register. The fourth comment on these sections comment and has not changed the One comment requested a public recommends that a specific subpart be definition of the ‘‘responsible person.’’ hearing if the Coast Guard does not plan developed for foreign vessel Responsible party is defined in section to include specific protections for the requirements, separate from regulations 1001(32) of OPA 90 to clarify liability of Northern Right Whale in the final rule. for U.S. vessels in subparts A, B and C. the owners and operators of vessels, The focus of the proposed rule is to The comment suggested that this new onshore facilities, offshore facilities, implement safety management systems subpart include requirements for foreign deepwater ports, and pipelines in the consistent with the ISM Code. The Coast vessels whose countries are parties to event of an oil spill. The Coast Guard’s Guard does not intend to hold a public SOLAS and those vessels whose definition of responsible person in this hearing in response to this request. countries are not, similar to 33 CFR rulemaking clearly relates to Comments about protection of the 96.370. The Coast Guard disagrees that responsbility surrounding the Northern Right Whale and the ISM Code a separate subpart is needed, but has development and use of safety are addressed in detail in the final added language in § 96.390(a) to ensure management systems ashore and aboard section of these comment responses. that it is understood that actions for vessels. One comment suggested redefining Comments Relating to Specific CFR safety management system certification the term ‘‘company’’ to include the Sections by vessels whose countries are a party to SOLAS are acceptable as an definition of an ‘‘operator’’ as defined in All changes to each section of the rule equivalent to the requirements of 33 30 CFR 250.2 of the Mineral and are discussed within the following CFR part 96, subparts B and C. Further Management Service’s regulations for paragraphs. discussions of this matter are found in offshore oil and gas exploration. The 1. 33 CFR 96.110, 96.210, and 96.310. Coast Guard does not agree. There are Four comments were received on these paragraph 27 of this comment reply section of the final rule preamble. times when a lessee or operator of an sections which discussed who these offshore oil or gas exploration vessel The Coast Guard amended subparts apply to. Two comments found becomes responsible by contract with § 96.210(a)(2)(I) by removing the word the use of the terminology ‘‘trades in the owner of the vessel to assume the ‘‘passenger’’ in that sentence. Under 46 U.S. waters,’’ or ‘‘on an international duties imposed by these rules. When U.S.C. 3202(a)(1)(A) ‘‘a vessel voyage,’’ or ‘‘engaged on a foreign this occurs, a written designation of that transporting more than 12 passengers voyage’’ to be confusing in determining responsibility must be provided by the ** *’’ must comply with these which vessels and persons must comply owner to the lessee or operator of the regulations, not just a passenger vessel. with the proposed regulations. One contracted vessel and placed in the The Coast Guard removed this word to comment requested that ‘‘vessel engaged documentation of the safety on a foreign voyage,’’ be used ensure the meaning that all vessels management system as required by the throughout the rulemaking as it carrying more than 12 passengers, not ISM Code. This is part of the safety conforms to the statutory requirements just passenger vessels, must comply management system’s documents and of 46 U.S.C. 3201. We agree and amend with these regulations. reports required by § 96.250(b)(2), and proposed §§ 96.110, 96.210 and 96.310, The Coast Guard amended there is no need to expand on the to use the phrase, ‘‘vessel engaged on a §§ 96.210(a)(2)(i) and (d)(1)(i), 96.330(a) definition of ‘‘company’’. foreign voyage,’’ as defined in § 96.120. and (d), 96.340(a) and (d), 96.370(a), and One comment requested that the term For purposes of clarification regarding 96.390(a)(2) as the statements were to ‘‘recognized organization’’ be changed foreign vessel voyages that come under require that these sections applied to to a ‘‘member of the International U.S. jurisdiction, the Coast Guard vessels transporting or carrying ‘‘more Association of Classification Societies amends §§ 96.110(c), 96.210(a)(3) and than 12 passengers’’ as stated in 46 (IACS).’’ The Coast Guard does not agree 96.310(c), by adding the words, ‘‘bound U.S.C. 3202(a)(1)(A), and not ‘‘12 or with this comment. Other organizations, for ports or places under the jurisdiction more passengers.’’ outside the membership of IACS, may of the U.S.’’ This will ensure that a 2. 33 CFR 96.120. Five comments apply and be recognized if they meet the foreign vessel or self-propelled mobile were received on definitions in this requirements of 46 CFR part 8. The offshore drilling unit (MODU) are held section. One comment requested that a regulations of that part do not limit the accountable to the requirements and definition for ‘‘designated person’’ be application or recognition of any certification of safety management added to this section to ensure that this organization because they are or are not, systems when navigating in U.S. waters. person’s responsibilities for overseeing members of IACS. The Coast Guard has A foreign vessel engaged on a foreign the safety management system is not amended the definition of a recognized voyage, involving innocent passage confused with the responsibilities of the organization in this section to be clear through waters subject to the ‘‘responsible person.’’ It should also be on which requirements of 46 CFR part jurisdiction of the U.S. will not be understood that a responsible person 8, an organization must meet to be boarded under these regulations. with a large fleet of vessels can assign accepted. As subparts C and D of 46 The second and third of these the responsibility of the designated CFR part 8 provides requirements for comments also discussed the use of the person to more than one employee, or other international certificate phrase, ‘‘on an international voyage’’ in that a designated person could be authorizations and the U.S. Alternate 46 CFR 31.40–30(a), 71.75–13(a), 91.60– responsible for more than one vessel. Compliance Program, which have no 30(a), 107.415(a), 115.925(a), 126.480(a), The Coast Guard agrees with the effect on U.S. ISM Code certification 176.925(a), and 189.60–30(a). The Coast comment and has added a definition for authorization, these subparts are Guard does not agree with a need to designated person to this section. removed from the definition. This Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67495 change of definition has also required primarily to carry dry cargo in bulk; or provide a safe work environment ‘‘for’’ changes to the language in the definition ore carriers; or combination carriers.’’ the vessel. The intent of the ISM Code of an ‘‘Authorized Organization Acting Bulk carriers that meet this is to require a safe working environment on behalf of the U.S.’’ and §§ 96.400(a), interpretation are required to meet the ‘‘on board’’ the vessel. The Coast Guard 96.410 and 96.430(b) (formerly first effective date of the ISM Code, July agrees with the comment and has § 96.430(a)(5)). Also, we have removed 1, 1998. Other vessels, which carry bulk reworded the paragraph to clarify its the phrase ‘‘national or international’’ cargoes, but do not meet this meaning and be consistent with the ISM from the recognized organization interpretation, must meet the second Code. definition for consistency with subpart effective date of the ISM Code (July 1, 4. 33 CFR 96.230(b) and 96.230(c). D. 2002), as required by § 96.210. The U.S. Five comments requested that we One comment inquired whether the has decided to accept this IMO amend these paragraphs because the phrase, ‘‘vessel engaged on a foreign interpretation to SOLAS. This ‘‘listing’’ of safeguards and continuous voyage’’ includes the operation of U.S. rulemaking has not defined bulk improvement methods is not the same flag oilfield crewboats to and from carriers, but intends to use all vessel as ‘‘establishing or implementing’’ those foreign ports during operations type definitions as provided by safeguards. The Coast Guard agrees with supporting oil exploration programs Regulation 1 of Chapter IX of SOLAS. the comments and amends paragraphs internationally. Such vessels that are For clarity, we added a new paragraph (b) and (c) accordingly. offshore supply vessels (OSVs) of 500 (a) to the definition section to explain 5. 33 CFR 96.230(d). One comment gross tons or more, or are carrying more that we will use the definitions requested that this paragraph be struck than 12 passengers, would be provided by Chapter IX of SOLAS, and from the final rule because ensuring considered engaged on a foreign voyage not the definitions in Title 46 of the U.S. compliance with the many under paragraph (b) of the term’s Code. international, national, industry definition. This definition states that a 3. 33 CFR 96.230(a). Four comments standards and codes is unworkable and vessel is considered to be on a foreign were received on this paragraph. Two a second comment requested that the voyage when, ‘‘making a voyage requested clarification whether these term ‘‘industry guidelines’’ be expanded between places outside the United practices have to be in writing. One to ‘‘maritime industry guidelines.’’ We States’’ (§ 96.120). These crewboats comment noted that requiring written disagree that this paragraph is must meet the requirements of 33 CFR practices would impose requirements unworkable or should be struck, but part 96 and the ISM Code for safety on U.S. vessels that are not required on have amended it to include maritime management systems, when certificated foreign vessels. We agree. Requiring regulations and standards in the safety for such voyages. No changes were these objectives in writing would extend management system. It does not require made to the final rules in response to U.S. vessel requirements beyond any more actions than those already this comment. requirements for a foreign vessel under completed by foreign vessels under their In November 1997, the SOLAS the ISM Code. This change would also ISM Code compliance responsibilities. Conference on the Safety of Bulk require a foreign vessel that operates in The Coast Guard agrees with the Carriers was held at IMO’s headquarters the U.S. to complete further work on comment recommending the use of the in London. During this conference, a their safety management system that phrase, ‘‘maritime industry guidelines’’ new Chapter XII of SOLAS was adopted, exceeds the requirements of the ISM and amends this paragraph in the final entitled ‘‘Additional Safety Measures for Code. We amend the rule to remove the rule. To ensure clarity, we amended this Bulk Carriers.’’ During deliberations on term ‘‘written’’ and have reworded the paragraph to use the word ‘‘relevant.’’ this new chapter of SOLAS an paragraph to ensure that the objectives 6. 33 CFR 96.240(b). One comment interpretation was adopted regarding required by this section are consistent discussed that this paragraph was the definition of a bulk carrier. This with the ISM Code. unclear, because as drafted, it appeared interpretation is found in Resolution 6 The third comment requested that foreign vessels would be required to of the resolutions adopted by the clarification of the term ‘‘type’’ of comply with U.S. national standards conference. This interpretation pertains vessel, and suggested that this definition and U.S. regulations for ship to the definition of bulk carrier in would have the same meaning as vessel construction and operation not normally Regulation 1.6 of Chapter IX of SOLAS ‘‘category.’’ This terminology is required applicable to foreign flag vessels. The on the ISM Code, as well as the new to be used on the Document of comment pointed out that this is Chapter XII on Bulk Carrier Safety. The Compliance certificate to illustrate what inconsistent with the ISM Code. This definition in Chapter IX is, ‘‘Bulk carrier type of vessel(s) a company’s safety was not the intent of the proposed means a ship which is constructed management system is developed to requirements. We have amended this generally with single deck, top-side manage. If the type of vessel(s) a paragraph to make it clear that foreign tanks and hopper side tanks in cargo responsible person owns changes, then vessels need to follow U.S. regulations spaces, and is intended primarily to the safety management system must be applicable to them when they operate in carry dry cargo in bulk, and includes amended to include the specifics of U.S. waters. such types as ore carriers and managing the new or different vessel 7. 33 CFR 96.240(c). One comment combination carriers.’’ The type. Vessel types are: passenger ship; discussed that the documentation which interpretation removes the ambiguity of passenger high-speed craft; cargo high- describes the levels of communication the term ‘‘constructed generally.’’ speed craft; bulk carrier; oil tanker; was not a functional requirement of Specifically, the resolution ‘‘Urges chemical tanker; gas carrier; MODU; and safety management systems. The SOLAS Contracting Governments to other cargo ship. The term ‘‘cargo ship’’ comment suggests that requiring this interpret the definition of the term used to describe a vessel type under documentation would be an arduous ‘‘bulk carrier’’ given in regulation IX/ SOLAS has the same meaning as task with respect to the operation of a 1.6, for the purpose of the application of ‘‘freight vessel’’ for these regulations. self-propelled MODU, because the SOLAS regulation IX/2.1.2 * * * to The final comment on this paragraph organizational makeup of the vessel mean: ships constructed with a single noted that, as drafted, the meaning of changes depending on whether the deck, top-side tanks and hopper side this paragraph could be interpreted to vessel is navigating, or is anchored in tanks in cargo spaces and intended require the safety management system to oil exploration operations. The Coast 67496 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

Guard disagrees. The directions and Analysis (G-MOA), at Coast Guard that the documentation and reporting management needed for this type of Headquarters. requirements will contain sensitive operation between the responsible 9. 33 CFR 96.240(e). One comment company information that, while person, the navigating crew, whomever objected to the use of the word essential for purposes of company manages the operational drilling crew ‘‘procedures’’ in this paragraph stating personnel use, should not be made and the supervising staff of the drilling that the functional requirements should publicly available for use in civil crew aboard the MODU itself, is exactly define a ‘‘process’’ for ensuring an proceedings. The Coast Guard agrees the situation that this requirement appropriate response to emergency that for a safety management system to addresses. No change has been made to situations. The Coast Guard disagrees work correctly and to be continuously this requirement in the final rule. because the paragraph, as drafted, is self-improving, it requires the proactive 8. 33 CFR 96.240(d). One comment interpreted broadly and will define a actions of the responsible person to questioned the Coast Guard’s authority process for response as required by the have reports completed on non- to require ‘‘near accident reporting’’ in ISM Code. Multiple levels of conformities and hazardous situations, this paragraph, arguing that this was management, such as on a MODU and no matter how minor or major, so that inconsistent with the ISM Code. We third party managed vessel, need to management reviews can be completed disagree. Section 9.1 of the ISM Code define their ‘‘processes’’ in terms of and corrections made to the safety requires that, ‘‘The safety management procedures in a safety management management system accordingly. system should include procedures system for it to work. Procedures that However, the Coast Guard cannot ensuring that non-conformities, define these processes can be used as provide any protection for these records accidents and hazardous situations are training tools, tracking tools, and action because to do so would exceed its reported to the company, investigated tools. This requirement does not require authority granted in 46 U.S.C. Chapter and analyzed with the objective of a new process to be developed if they 32. To clarify our intent, a note has been improving safety and pollution are already in hand or developed under added at the end of the table in § 96.250, prevention.’’ The Coast Guard interprets current regulation or management in the final rule. that near-accident reporting is procedures. No change is made in 12. 33 CFR 96.250(b). Three hazardous situation reporting. The Coast response to this comment. comments were received on this 10. 33 CFR 96.240(g). Two comments Guard has also reinforced the meaning paragraph. The first comment requested discussed expanding this paragraph to of this requirement in the standards clarification whether the requirement include the use of objective internal provided by § 96.250(i). for the company’s responsibility and safety assessments in place of internal authority statement should extend to all The comment also suggests amending auditing, and stated that safety vessels owned by the responsible this paragraph to conform to the ISM management systems should be person, or just the vessels of the Code. Specifically, the comment reviewed to evaluate their efficiency company that must comply with this suggests revising the language to say against established industry evaluation part. The Coast Guard contends that it ‘‘procedures for reporting * * * non- procedures. Both comments contain would be to the responsible person’s conformities with the ISM Code,’’ as merit, and the Coast Guard agrees that benefit to have all vessels that he or she opposed to ‘‘non-conformities with the the efficiency and measurement of owns meet the safety management safety management system.’’ The Coast safety management system impacts and system requirements of this part. Guard disagrees that only non- their effectiveness should be However, only vessels required to meet conformities with the ISM Code should determined. However, the Coast Guard 33 CFR part 96, are required to be be included here. The functional disagrees with the need for such covered by this requirement. requirements of a safety management requirements in the final rule. The The second comment discussed the system must ensure the continuous suggested requirements would extend possibility of confusion regarding the evaluation and appropriate managerial responsibility past the determination of the responsible person improvement of the safety management minimum requirements of the ISM on a self-propelled MODU, between the system by the company’s management. Code. Therefore, no changes are made in owner, operator, lessee, or drilling However, to ensure clarity this response to this comment. contractor. The delineation of the paragraph is amended. 11. 33 CFR 96.250. Five comments relationships of these persons or One comment supported § 96.240(d) were received on this section. One companies involved in a MODU’s as drafted, and emphasized the comment noted that both functional and operation should be explained by the importance of near-miss reporting and documentary requirements are included company’s policies and procedures. follow-up to establish lessons learned. in the table within § 96.250. The Proper explanation of these We agree. The Coast Guard, in comment recommended referencing the relationships in the safety management partnership with the Federal Maritime documentary requirements of § 96.240 system ensures that personnel Administration (MARAD), is developing to the table within § 96.250. The Coast responsible for specific duties involving a nationwide voluntary near-miss Guard does not agree that there is a need safe operation, and the services accident reporting program to compile to cross reference the requirements of provided to the vessel by contracted lessons learned for the education of § 96.240, as the requirements for personnel, will understand their mariners and maritime industry. When performance objectives documentation responsibilities correctly thereby completed, the Coast Guard will publish are already covered within the reducing human element errors which policy on the use of the national near- requirements of the table in § 96.250. can cause accidents. It will also enhance miss accident reporting program and a Four comments suggested that these the vessel’s response to casualties and responsible person’s ability to use the regulations should contain provisions to accidents, resulting in mitigation U.S. national program to conform with protect records that are maintained as damages to the vessel and the the requirements of near-accident or part of a safety management system. The environment, or injury to vessel hazardous situation reporting required comments request that the regulations personnel. by the ISM Code. The Coast Guard’s be amended to prohibit use of these The third comment on this paragraph program manager for this project is the records in civil or administrative discussed subparagraph (b)(4), which Chief, Office of Investigations and proceedings. Specific concerns were requires the safety management system Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67497 to contain a statement that describes the such contentions be deleted from this the relevant rules, regulations, codes company’s responsibilities to ensure paragraph. During some duties, the and guidelines, which was a subtle adequate resources. The comment Master of the vessel will be the difference from than ‘‘an adequate further states that describing this responsible person’s representative understanding’’ required by the ISM responsibility in the safety management contracting and supervising vessel Code. We agree that this statement may system does not necessarily mean that support from shore-based resources, as be misinterpreted to require more than the company bears responsibility. We well as directing resources from the what would be consistent with the ISM understand that vessel resources can be vessel managing company. The safety Code and have changed the language provided by a myriad of contract management system should clearly accordingly. companies and personnel not under the describe these duties to allow the One comment discussed that there direct control of the responsible person. Master to understand his or her should be an understanding that the Safe management does not point fingers responsibilities and decision-making documentation of training identified but ensures communications so when policies. This will also help shore-based and required by other national problems develop, there are clear resources understand their duties, their regulations or international policies that employees can follow to importance to the vessel, and their conventions, can be documented under make decisions. The reasoning that the responsibilities to the vessel Master as the safety management system in performance objectives of these safety a manager. The Coast Guard does not compliance with these requirements management system standards are so agree with these comments and has not and also meet the requirements for general is to allow them to be amended this paragraph of the final training and documentation of the customized to specific type vessel rule. International Convention on Standards operation for ease of the user. No 15. 33 CFR 96.250(e). Two comments of Training, Certification and changes have been made to the final were received on this paragraph. One Watchkeeping for Seafarers, 1978, as rule due to these comments. discussed that the Master of a vessel amended in 1995 (STCW). The Coast 13. 33 CFR 96.250(c). One comment does not have overall authority for Guard agrees with this comment, and requested that the term ‘‘oversee’’ used vessel operation because the Master’s this understanding is stated in NVIC 4– in this paragraph, be changed to the authority is overridden by flag state, 97 (Guidance on Company Rules and word ‘‘monitor’’ to describe the actions coastal state, and numerous other Responsibilities under the 1995 required of the designated person. The governmental authorities. We respond Amendments to the STCW). NVIC 4–97 Coast Guard agrees with this comment that the Master is the responsible states, ‘‘If you operate your vessel under and amends this paragraph in the final person’s representative on the vessel a safety management system (SMS) in rule. and all authorities that can be expected compliance with the International 14. 33 CFR 96.250(d). Three of the Master should be supported by Safety Management (ISM) Code and comments were received on this the safety management system. The hold a valid Safety Management paragraph. One comment stated that not Master has overriding responsibility and Certificate (SMC) and Document of all vessels are certificated or required by authority to ensure that the vessel is Compliance issued by the Coast Guard the provisions of national regulations to operated safely, and consistently with under 46 U.S.C. 3205, you are presumed have Masters, but instead may have all applicable laws. When the Master is to be in compliance with STCW Persons-In-Charge. The Coast Guard not specified, it is impossible to expect Regulation I/14.’’ On the other hand, agrees with this comment, but has not the individual employed as the Master NVIC 7–97 (Guidance on the STCW amended the regulation. The Coast to provide proper leadership or decision Quality Standard System (QSS) for Guard uses the term Master to be making clarity. Where the Master Merchant Mariner Courses or Training consistent with the ISM Code. follows international, national, coastal, Programs), explains that, ‘‘* * * In Additionally, all U.S. vessels or local regulations or directions, order for shipping companies that are mandatorily required to meet the safety regarding management of a vessel, he/ ISM Code certified to have their training management system requirements of she is making decisions on how to use meet the STCW QSS requirement, their this part are certificated to have Masters these factors in the efficient and safe training program must meet the criteria on board. The Coast Guard understands operation of the vessel taking into in 46 CFR 10.309. that there are vessels which can account the policies provided by the It should be remembered that voluntarily meet these standards, such safety management system. documentation and training as non self-propelled MODUs, which The second comment encouraged the requirement programs developed by a are not required to have a Master but a Coast Guard to amend this paragraph by company can cover a magnitude of Person-In-Charge as senior manager of adding a subparagraph (3) which states, different vessel type specific the vessel. The Coast Guard is ‘‘Responsibility with the bridge team requirements. Each vessel type, under developing a new chapter in Volume II and officers on watch to monitor the umbrella of a company’s safety of it’s Marine Safety Manual (MSM), on navigation, collision avoidance, and management system, may only need to the U.S. safety management system communications while the ship is use those portions of the training and compliance and enforcement policies piloted.’’ The Coast Guard does not documentation program of the total which will be used by the Coast Guard agree that this statement needs to be company system that are applicable due and organizations authorized, to audit added to this paragraph because this to the vessel type, area of operation, or and certificate safety management requirement for providing procedures specific requirements under other systems. The Coast Guard has not for shipboard operations is covered by conventions, laws or regulations. No amended this paragraph because the paragraphs (f) and (g) of the table in changes were made to this section in MSM guidance will clarify that the term § 96.250. The Coast Guard has made no response to this comment. ‘‘Master’’ includes a Person-In-Charge in changes to the final rule due to either of One comment discussed the need to this situation. these comments. reevaluate federal manning levels The other two comments questioned 16. 33 CFR 96.250(f). Four comments required on U.S. vessels, suggesting that whether a vessel’s Master is capable of were received on this paragraph. One current manning levels do not reflect having responsibility and authority over comment discussed that the statement the additional personnel which will be shore-based resources, and asked that in § 96.250(f)(6) required knowledge of needed to satisfy the requirements of the 67498 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

ISM Code. The comment stated that the The Coast Guard disagrees with the first 20. 33 CFR 96.320(f). Three comments ISM Code places more duties on vessel comment and has not altered the format were received on this section regarding personnel than were expected when of this section or table in the final rule. the reporting of non-conformities to the manning levels were established. The The Coast Guard agrees that there may company’s owner or vessel’s Master at Coast Guard disagrees with this be confusion understanding completion of a safety management comment. We received comments from subparagraph (2) and has added the audit. The comments requested that this companies that have safety management words ‘‘and deficiency’’ after ‘‘non- paragraph be amended to require systems in operation. They developed conformity’’ to ensure that the auditors to issue reports of non- those safety management systems by requirement is understood. conformities to the company’s owner initially reviewing existing company 18. 33 CFR 96.250(k). Two comments and vessel’s Master. It was also management policies and procedures. were received on the control of recommended that the safety By doing this, they found numerous documentation required by this management system’s designated person antiquated, unnecessary or duplicative paragraph. One comment requested that receive copies of this reports as well. management procedures and the word ‘‘destroyed’’ be changed to The Coast Guard agrees in part and documentation which could be ‘‘removed’’ in subparagraph (4). We amends this section to require auditors eliminated. Thus, they reduced the agree with this request and amend the to provide these reports to a company’s management overhead that they had word in the final rule. The second owner when the company is audited, been experiencing before placing the comment stated that the meaning of data and to a vessel’s owners and Master safety management system in operation. maintenance is unclear and that the when a vessel is audited. If a company If policies are not needed due to complete paragraph does not provide wants its designated person to receive a changes in the company, management, specific direction on data control. The copy of this non-conformity report, it is regulations, policies, or for a number of requirements for safety management recommended that this request be made other different reasons, then they should systems were written in general to the auditors prior to the audit being be removed or amended. By doing this performance element style to allow completed on behalf of the company. the management system and oversight different types of companies to tailor 21. 33 CFR 96.330. One comment reporting is reduced in size, which does their systems to their specific needs. expressed concern that this section not increase the personnel needed to Some companies may use paper based would require multiple Document of operate a vessel safely. No changes have systems, other computer based, a third Compliance certificates to be issued by been made to the final rules due to this company a mixture of both. No matter each flag state for a multi-flagged fleet comment. how this data is displayed or under one responsible person’s The final comment on this paragraph communicated, it will be controlled ownership. Multiple certificates may recommends that all personnel should equally and in compliance with these not be required as the international receive general safety management standards. The Coast Guard disagrees interpretation for their issuance allows system familiarization when joining a that further amendments are needed, flag states to agree to accept each others vessel and also six further specific because these standards allow flexibility certificates for safety management levels of training. These include: three for development of systems system compliance. Each situation may support level training programs; two documentation. Consequently, we have be different and to verify the U.S. operational level training programs; and not made any changes to the final rule acceptance of other flag state certificates one level of management training due to this comment. contact Commandant (G–MOC–2), programs. The Coast Guard supports a Vessel Compliance Division, 2100 company’s use of training, at whatever 19. 33 CFR 96.250(l). Two comments Second Street SW., Washington DC level necessary to ensure that policies were received on this paragraph. One and procedures of the management comment requested the word 20593–0001 in writing, by telephone system are understood by their staffs ‘‘deficiencies,’’ in subparagraph (4) be (202) 267–1464, or by facsimile (202) aboard a vessel or working ashore in changed to ‘‘non-conformities,’’ to 267–0506. No changes were made to support of a vessel. We agree that if a conform with the ISM Code. In this this section of the final rule due to this company evaluates its safety case, the Coast Guard agrees that comment. management system and finds a need to confusion could occur on what requires 22. 33 CFR 96.330(f). One comment develop training to ensure the proper timely action for the system and has requested that this paragraph be understanding and use of the system, added the words ‘‘non-conformities or’’ amended because it requires the then the training should be initiated by before the word ‘‘deficiencies’’ in Document of Compliance certificate to that company. In NVIC 4–97, the Coast subparagraph (4) in the final rule. be verified annually, instead of the Guard recommended that ship-specific The second comment stated that company’s safety management system. familiarization include directing a new proposed section § 96.240 of the The Coast Guard agrees and amends this crew member’s attention to the vessel’s regulations should include the paragraph to ensure the verification of safety management system. However, requirements of section 12 of the ISM the system and not the certificate in the the Coast Guard has not made changes Code that require evaluating the final rule. to this section of the final rule, as the efficiency of the system and reviewing 23. 33 CFR 96.330(g)(1), 96.340(g)(1), comment requests additional training the safety management system with and 96.340(f). Four comments were which exceeds the requirements of the established procedures. The Coast received on these paragraphs. Two ISM Code. Guard agrees and notes that these comments requested that the revocation 17. 33 CFR 96.250(j). Three comments requirements are already included in of a Document of Compliance certificate were received on this paragraph. One § 96.250(l)(1). Critical management or Safety Management Certificate not be comment requested that the format of review of the system, as well as non- based on the failure of the responsible the paragraph and subparagraphs be conformity and deficiency reports, are person to request an audit, but rather on changed to mirror the ISM Code, and necessary to evaluate whether the the failure to complete an audit. The two comments requested that system is running properly. No changes Coast Guard agrees with this comment subparagraph (2) have the word ‘‘non- to the text of the final regulations were and amends these paragraphs in the conformity,’’ changed to ‘‘deficiency.’’ made due to this comment. final rule. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67499

The next comment pointed out that this vessel would be considered an The Coast Guard is working to when a vessel is laid up or taken out of individual vessel that was just complete policy development which service for a period of time the Safety purchased by or just brought under the falls into line with this request. A port Management Certificate may lapse, if management of a responsible person. No state control NVIC is being developed the vessel is unmanned for long periods change to the final rule was made due which describes the Coast Guard of time. Because there are no personnel to this comment. boarding policy for foreign vessels working under a safety management 26. 33 CFR 96.380. Two comments including examination of the vessel system when a vessel is laid up, the were received on this section. One safety management system and certificate cannot be validated or comment stated that the use of a civil certificates. This NVIC will discuss endorsed. When brought back into penalty under 46 USC 3318 is not normal actions during a port state service, the responsible person can consistent with the law for violations of control examination of a foreign vessel request that an initial audit of the vessel compliance with documentation by the U.S., and what clear grounds be completed when the vessel is responsibilities under these regulations. must be found of observed non- remanned, and a new Safety The comment went further to state that compliance with a safety management Management Certificate can be issued. a suitable grace period for the system before an expanded Coast Guard No change to the final rule was made production of certificate copies, or a examination will be completed. The due to this comment. grace period to bring the vessel into Coast Guard expects to have this NVIC The last comment stated that compliance, along the line of a formal published in the same time frame as this § 96.340(f) should be amended as it requirement (CG Form 835) be issued final rule. However, we disagree that requires foreign vessels to meet U.S. prior to actions to assess a civil penalty. this policy requires review and requirements for safety management The requirement as written states that comment by the maritime industry. system audits. A foreign vessel which is the ‘‘* * * vessel owner, charterer, These procedures for safety certificated by its flag state or by an managing operator, agent, Master, or any management system evaluation fall in- organization who acting on behalf of the other individual in charge of the vessel line with the U.S. port state control flag state, completes a safety that is subject to this part, may be liable program already in existence and meets management system audit following the for a civil penalty * * *.’’ The proposed the port state control regulations of guidelines of IMO Resolution A.788(19), regulations do not say that the Coast SOLAS and the IMO Procedures for Port meeting the same requirements found in Guard must pursue a civil penalty. State Control. No changes have been these regulations. The Coast Guard will Traditionally, the Coast Guard has made to this section of the final rule due accept such a determination as required considered all possible administrative to this comment. by the articles of SOLAS. No changes actions in dealing with incidents of non- 27. 33 CFR 96.390(a). One comment have been made to this section of the compliance. The Coast Guard wrote this stated that this subparagraph would final rule due to this comment. section to ensure that affected prohibit Coast Guard acceptance of The Coast Guard has added wording companies and individuals were aware foreign issued international to § 96.330(g), with a new subparagraph that civil penalties were a possible management certificates which met (3), to ensure that their personnel and sanction for violations of these SOLAS guidelines, unless they would auditors of an authorized organization regulations. It is the Coast Guard’s attest to full compliance with U.S. acting on their behalf, can complete opinion that civil penalties authorized regulations. The Coast Guard agrees that audits and reviews of safety under 46 U.S.C. 3318 apply to violations as written, this requirement provides a management systems properly and of these regulations because these limitation of acceptance of foreign effectively. A Document of Compliance penalty provisions are applicable to issued certificates which is not certificate may be revoked if the Coast violations of laws and regulations consistent with SOLAS. This Guard or an authorized organization is issued under the authority of 46 U.S.C. subparagraph has been amended in the denied or restricted access to the vessel, Part B, which includes 46 U.S.C. final rule to ensure that such certificates records, or personnel necessary to Chapter 32. would be acceptable when issued in ensure compliance with 33 CFR part 96. The second comment discussed accordance with Chapter IX of SOLAS Neither the Coast Guard, nor an concerns surrounding § 96.380(a)(2), and the IMO Guidelines for Contracting authorized organization acting on its which allows the Coast Guard to board Parties to SOLAS. behalf, should be expected to certificate a vessel to verify that the vessel’s crew 28. 33 CFR 96, Part D. Two comments compliance with any international or shore-based personnel are following were received regarding organizations convention regulation, unless all needed the procedures and policies of the safety who have applied to be recognized and information and records for that review management system while operating the are authorized to complete external are provided by the vessel’s or vessel or transferring cargoes. The audits and certification of safety company’s personnel. comment concluded that this action management systems for U.S. vessels 24. 33 CFR 96.340(e)(2). One would go well beyond the authority and their companies. One comment comment requested that the wording in internationally recognized for port state questioned the use of the term this section regarding the ‘‘anniversary control examinations found in SOLAS: ‘‘expertise,’’ and whether that term date’’ of the intermediate verification Chapter I, regulation 19; Chapter IX, encompassed the marine field, quality audit be amended for clarity. The Coast regulation 6; Chapter XI, regulation 4; as systems, or both, and whether this Guard agrees and amended the final rule well as the IMO Procedures for Port authorization should be limited to with the words ‘‘period of validity’’ State Control. The comment also classification societies. The comment rather than the ‘‘anniversary date.’’ requested that we modify this further stated that anyone with an 25. 33 CFR 96.360(a)(2). One subparagraph to conform with appropriate marine business and comment was received on this section internationally recognized port state academic background is qualified to act which requested a determination of control guidelines. The comment further on behalf of the U.S. in ISM Code ‘‘* * * a U.S. vessel which is new to requested that we draft Coast Guard auditing and certification. the responsible person or their policy on these actions and distribute These requirements are based in part, company.’’ For an interim Safety them for comment to the maritime on the guidelines provided by IMO Management Certificate to be issued, industry prior to their implementation. Resolution A.739(18), which are 67500 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations incorporated by reference in § 96.130. 30. 33 CFR 96.430. Four comments explain training and recertification These international guidelines provide were received on this section. One methods; and (3) describe the code of minimum standards to ensure comment discussed the reciprocity ethics the auditors must follow. An organizations authorized by any flag requirement of 46 U.S.C. 3316 for a organization’s auditor standards will be state, worldwide, will provide uniform foreign classification society to be approved as part of the organization’s actions and oversight when their authorized to act on behalf of the U.S. application package to be authorized to personnel complete actions regarding to complete external audits and act on behalf of the U.S., and will be vessel surveying and auditing in the certification of safety management part of the U.S. written agreement with marine field. This is important to the systems. The comment stated the organization as required by owner of a vessel and the flag state, reciprocity with ABS should not be § 96.440(c). No change was made to this because as it ensures that the required because a subsidiary corporate section of the final rule due to these international certificates issued by entity of ABS is providing these comments. authorized organizations acting on functions, not ABS, thus there is no As the reciprocity requirement effects behalf of a flag state, will be accepted need for the documentation of only foreign classification societies worldwide, on face value, for reciprocity by a foreign classification which can be authorized to act on behalf compliance with international society. The Coast Guard does not agree. of the Coast Guard under this section, conventions. The Coast Guard disagrees Currently, ABS certification comes old paragraph (a)(5) of this section has that ‘‘just anyone’’ can meet these under the voluntary system of NVIC 2– become a new paragraph (b) for clarity. requirements. Coast Guard requirements 94 which is not subject to the provisions Old paragraph (b) is now paragraph (c). for recognition of organizations are of 46 U.S.C. 3316. Under these 31. 33 CFR 96.480. One comment rigorous and conform to the IMO regulations, all future written cautioned that the termination of guidelines. The Coast Guard expects agreements for authorization to act on authority from an organization acting on and will ensure that actions by an behalf of the U.S. regarding the behalf of the U.S. could have extreme organization acting on its behalf are mandatory certification of safety consequences on vessel operation for incontestable under any port state management systems will be made with vessels certificated by that organization. scrutiny. Any organization, with a ABS under the provisions of 46 U.S.C. Specific concern was expressed for proven history of marine experience 3316. Under this agreement, ABS will situations in which the vessel’s Safety working with and making decisions not be able to use subsidiary group Management Certificate is near based on maritime industry standards, offices to complete these actions for the expiration when the authorization is national standards and regulations, and U.S. No change was made in the final terminated. Also, the comment international guidelines and rule due to this comment. questioned the obligatory notification The second comment recommended conventions, may meet these requirements of companies and vessels that the Coast Guard also accept the requirements. The organization, due to certificated by the terminated quality standards of ASQC Q9002 and the auditing expertise needed for ISM organization. In all cases, the Coast quality management standards of ASQC Code certification, must also provide a Guard will request information from the certified level of standards that it can C9001 and C9002. The Coast Guard disagrees. Under 46 CFR 8.230(a)(15), an administrative files of the organization meet for its personnel to complete being terminated to understand the audits. The requirements are restrictive organization must meet ANSI/ASQC Q9001 or an equivalent quality standard effect of termination on the companies because the Coast Guard must ensure to be recognized. No other quality and vessels certificated by the that the U.S. marine transportation standard is incorporated in 46 CFR part organization. The Coast Guard will industry is able to operate, 8. For purposes of consistency, no assist any company and vessel to uninterrupted, worldwide. others will be incorporated here either. maintain certification while transferring The second comment on this part Quality management standards (ASQC to another authorized organization. The recommended that organizations C9001 and C9002) are not required for original certificates of the terminated already accepted by the Coast Guard to recognition of an organization, so none organization will remain valid until issue voluntary certificates, under NVIC will be required here. No changes have expiration or periodic audit which will 2–94, should be automatically been made to this section of the final allow continuity with a new authorized authorized to issue mandatory ISM rule due to this comment. organization. There should be no extra Code certificates on behalf of the U.S. The third and fourth comments on cost for the company or vessel as the without having to reapply under these this section questioned the terminology audit actions required by the new regulations. The Coast Guard disagrees used in § 96.430(a)(3), and inquired organization are the same actions that and expects these organizations will whether a recognized organization would have been completed by the apply under this part. No changes were could use subsidiary organizations and original certifying organization. This made to this section of the final rule due their auditors to carry out audits and paragraph was also edited to ensure to these comments. certification in accordance with the IMO clarity. 29. 33 CFR 96.410. One comment was guidelines and the ISM Code. The Coast The Coast Guard will enter into a received on this section which stated Guard disagrees and has explicitly written agreement with all organizations that the term ‘‘safety management written this subparagraph to ensure that receiving authorization under this part, certificates’’ should not be used in this only exclusive auditors of organizations as stated in § 96.460. Failure to notify section because it has a specific authorized to act on behalf of the U.S. affected companies or vessels upon meaning, and should not be used to are used by these organizations to termination of authority for safety refer to these certificates in a general complete audits under this management system certification, will way. The Coast Guard agrees with this authorization. When the Coast Guard result in a review by the Coast Guard of comment and has changed this section reviews an organization’s application the ability of the organization to to eliminate confusion. The Coast Guard for authorization authority under this complete any actions on behalf of the has also edited this section to make it subpart, quality standards must: (1) Coast Guard. Additionally, this easier to read by removing the words Demonstrate how the organization termination could affect any or all other ‘‘wish to’’ from this section. selected individuals as auditors; (2) delegated authorities, in such a Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67501 situation. The final rule was not addition of paragraph (d) to this section rules as written. One comment also changed due to these comments. of the regulations for small passenger requested confirmation that operation of 32. 46 CFR 126.480(a). Three vessels. This amendment does not large passenger vessels around the comments were received on this section. mitigate or soften the applicability. This islands of Hawaii constituted coastal Two comments discussed the use of the paragraph provides an equivalent means trade and would not require mandatory phrase ‘‘offshore supply vessels (OSVs) for these small vessel owners to meet development and certification of a engaged on foreign voyages’’ and the safety management system safety management system. A U.S. questioned the applicability of the 33 requirements. An equivalence is not an vessel certificated to a limited route of CFR part 96 on OSVs and ocean-going exemption. The Coast Guard developed coastal operations within the Hawaiian towing vessels certificated for a job aid with the assistance of a marine island chain is not required to meet this international voyages. The applicability industry working group. This job aid part. However, if the vessel involved in of those regulations to OSVs and towing can be used as an example of what an this operation holds an international vessels on international voyages is owner of a small passenger vessel may registry and a Certificate of Inspection determined by whether these vessels are do to establish an equivalent safety authorizing international voyages, even over 500 gross tons and are ‘‘vessel(s) management system. Section 175.540(d) though the owner of the vessel limits its engaged on a foreign voyage’’ as that does not reduce the effectiveness of the operations, this vessel would have to term is defined in 46 U.S.C. 3201 and safety management system, but instead meet all SOLAS requirements and be this part. No change was made to the provides direction to these small certificated to the ISM Code. final rule due to these comments. passenger vessel owners to help them One comment requested that the The final comment sought develop their systems so they can be safety management system requirements clarification when the ISM Code applied certificated by the cognizant Coast be placed in each part of title 46 of the to OSVs and ocean-going towing vessels Guard OCMI. CFR to correspond to each type of vessel under the vessel admeasurement Two comments did not support an required to meet the ISM Code. The system. The ISM Code applies to vessels exemption for small passenger vessels Coast Guard does not agree that this engaged on a foreign voyage. In the case due to their limited operation or should be done as the agency has of OSVs and ocean-going towing company sizes. The Coast Guard actively reduced the number of vessels, the ISM Code applies only if the disagrees. These vessels are not being regulations where possible, including vessel is 500 gross tons or greater, as exempted from the requirements, but elimination of redundant parallel OSVs and towing vessels are considered are offered a cost-effective course of regulations in the CFR. The limited freight (cargo) vessels for purposes of action to implement the regulations due reference in each part of Title 46 SOLAS. Because the applicability of the to their size, limitation of operation, and affected by the final rules in 33 CFR part statue implementing the ISM Code historical low risk with proven safety 96 will allow ease of reference and provisions is based on tonnage (see 46 records. The Coast Guard job aid continuity of using the regulations for U.S.C. 3202) and this statute was developed for these vessels provides a all vessels affected by these enacted after July 18, 1994, its customized safety management system requirements. No change to the final applicability to vessels is based on their program, which will support small rule has been completed due to these international convention tonnage passenger vessels with limited comments. because of 46 U.S.C. 14302(b). However, international routes. It does not remove 35. Two general comments supported under 46 U.S.C. 14305, a vessel owner any of the requirements of 33 CFR part may request that a vessel be measured 96. A small passenger vessel owner can the use of plain English in the under the regulatory tonnage system request a job aid at no charge from the development of these regulations by the and under those circumstances the local cognizant OCMI. Coast Guard. Each described the use of applicability of SOLAS, as well as the The final comment requested the question and answer format as other enumerated statutes, would be clarification whether the Coast Guard useful, but both felt that the style did based on the vessel’s regulatory tonnage. would allow a small passenger vessel not provide enough detail to really This means that the owner of an OSV or approved and actively using the answer the questions posed. One towing vessel that has a convention Streamlined Inspection Program (SIP) to comment stated that the questions did tonnage greater than 500 gross tons use that program as an equivalent to the not appear to be answered. The other could elect to have the vessel safety management system comment felt that the standards of plain admeasured under the regulatory requirements. The SIP program is based English were not followed adequately. tonnage system, and if the vessel had a on performance elements similar to the The Coast Guard’s authority for regulatory tonnage of less than 500 gross safety management system developing these regulations required tons, these regulations would not apply. requirements. The Coast Guard may consistency with the ISM Code. The However, the applicability of all other allow this if an owner developed a ISM Code’s standards are general in laws enumerated in 46 U.S.C. 14305 program that included all the nature to allow flexibility for different would also be determined based on the requirements of 33 CFR part 96. This types of vessel companies to meet them optional regulatory tonnage (see 46 program would be provided to the without restricting their creativity or U.S.C. 14305(b)). NVIC 11–93, Change 2, cognizant OCMI for review and mandating a specific management style. discusses when regulatory tonnages may acceptance after discussion and Other international or U.S. quality be used by a vessel owner to determine recommendations are received from the standards and management standards the applicability of SOLAS authorized organization certificating the are written following the same logic. No requirements. No changes in the final safety management system. However, change to the final rule has been made rule have been made as a result of these the Coast Guard made no changes or due to these comments. comments. amendments to this section due to these 36. Two general comments discussed 33. 46 CFR 175.540(d). Four comments. the need to carefully oversee safety comments were received on this section. management system development and One comment stated that the General Comments (Non-CFR Specific) certification programs for U.S. and applicability of the requirements of 33 34. Four general comments were foreign vessels. The comments pointed CFR part 96 are mitigated by the received which supported the proposed out that Coast Guard personnel should 67502 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations be specifically trained to oversee these revocation of authorizations by the flag vessel owner, or through the designated new requirements. We agree. state when necessary. In the event that person to the vessel’s owner. By U.S. Coast Guard marine inspectors these actions do not appropriately documenting these circumstances in the and program managers have been address non-compliance, the Coast safety management system, a critical trained to meet national auditing Guard will continue to heighten its review by the vessel management will standards. Since 1995, approximately oversight and boardings of vessels be performed and new or corrected 120 Coast Guard marine inspectors certificated by these organizations. This policies or procedures placed into the completed a course which is specifically may lead to interventions, detentions safety management system to assist the based on the auditor standards of ANSI and denial of entry into U.S. ports and Master. The Coast Guard has made no ASQC Q 9001 and the ISM Code. The places. No change has been made to the change to the final rule due to this Coast Guard also reviewed its in-house final rule due to these comments. comment. training programs for marine safety 38. One general comment 41. Two general comments responsibilities and included recommended that a Master’s or crew’s recommended that the final rule provide compliance and enforcement of the ISM unfamiliarity with the company’s safety a list of administrative requirements or Code in each basic marine safety management system and training detailed guidance on the issues of training course. No changes have been requirements of a safety management revocation of a Document of made to the final rule due to these system should be clear grounds to Compliance certificate or a Safety comments. perform a more extensive examination Management Certificate. The Coast 37. One general comment stated that of a foreign flag vessel during a routine Guard will provide guidance for such there are numerous organizations boarding by the Coast Guard. The Coast actions in the new chapter of Volume II worldwide, who may be authorized by Guard agrees with the comment and of the Coast Guard Marine Safety an Administration to complete ISM developed its port state control boarding Manual on the compliance and Code audits and certification, whose procedures to allow for an expanded enforcement of safety management abilities to act on behalf of an examination of a foreign vessel’s safety systems for U.S. vessels. The Coast Administration may be questionable. management system when this situation Guard determined that placing this Two other general comments alluded to is found during a routine Coast Guard policy in regulations would limit its the same problem, and provided boarding. As the policy for Coast Guard ability to consider all necessary suggestions on how these organizations actions required during port state circumstances and make decisions on a should be rated for performance and examinations of foreign vessels are case-by-case basis. how port state targeting schemes could covered in the NVIC on ISM Code All Coast Guard actions to enforce be modified when a specific compliance for foreign vessels, the final safety management system requirements organization fails to complete its rule has not been changed due to this on U.S. vessels and their companies can authorized responsibilities. comment. be appealed to the Coast Guard under 46 The Coast Guard agrees. Coast Guard 39. Two general comments CFR 1.03, ‘‘Rights to Appeal.’’ This program managers will monitor and recommended the Coast Guard require section provides time frames and compare compliance with the ISM Code foreign vessels to provide information in procedures for use by the maritime for all flag states, authorized advance of their U.S. port arrivals to industry to effectively question actions organizations, companies and foreign ensure their compliance with the ISM taken by the Coast Guard in enforcing flagged vessels. Because this Code. The Coast Guard agrees with revocations on these certificates, as information will be monitored centrally these comments and on December 11, needed. No change has been made to the by Coast Guard Headquarters program 1997, published an Interim Rule in a final rule due to these comments. managers, compliance infractions will separate rulemaking (CGD 97–067) to 42. One comment stated that the be tailed and may affect the targeting require this advance notice of arrival proposed regulations do not fully scheme for specific foreign vessels, flag requirement (62 FR 65203). No change anticipate problems and provide states, and vessel owners or authorized has been made to this rulemaking due direction necessary to manage important organizations. This information will to these comments. day-to-day operations with regard to the enable the Coast Guard to modify its 40. One general comment requested endangered Northern Right Whale. In targeting scheme, if necessary, to ensure the Coast Guard review all current particular, the comment expressed that vessels with continuous regulations that place the responsibility concern that the ISM Code regulations noncompliance issues receive a higher for the safe operation of a vessel on the were too narrowly focused and sought level of oversight and boardings when vessel’s Master, and where appropriate, various clarifications regarding the in U.S. ports. share some of that responsibility with application of the regulations to The Coast Guard will use the the designated person. The Coast Guard protected species and their critical information collected to provide IMO disagrees. As defined in § 96.120, the habitats. It suggested that the language and flag states with reports on port state designated person does not have a in proposed § 96.250(g) be amended to interventions, detentions and denials of responsibility for operation of the specifically include operation plans and U.S. port entries required by the port vessel. The designated person’s instructions with respect to protected state reporting requirements of SOLAS. responsibility is to monitor the safety species in their critical habitats. If a specific authorized organization management system of the company and The ISM Code does not define continuously fails to complete its the vessel(s), as directed by the specific operating procedures or assigned duties, such reports will responsible person. If problems arise practices, but instead provides broad, illustrate these failures to all SOLAS with the policies and procedures for the general performance elements as Contracting Parties, who can increase safe operations of the vessel which the guidelines to be applied by ship owners their port state control requirements on Master does not believe he or she has and their companies to shoreside vessels certificated by this organization the right tools to manage, those operations and to their vessels. on behalf of any flag state. This will problems should be communicated to Shipping is a varied industry with help flag states recognize the need for the vessel’s owner. The Master can numerous types of companies operating extended oversight when continuous communicate through the safety under a large range of different problems are documented, and promote management system, or directly to the conditions. The ISM Code guidelines Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67503 are based on general principles and publications covering critical habitat U.S. commercial vessels would result in objectives to promote the development areas of the Northern Right Whale. significant benefits and we will support of sound management and operating These warnings include the the development of such programs. 46 practices within the industry as a requirements of 50 CFR parts 217 and U.S.C. 3202 states that U.S. domestic whole. Its purpose is to require 222 that establish Northern Right Whale vessels may voluntarily meet the companies to establish operating avoidance measures for vessels and requirements of that Chapter, but does practices and policies so that company reporting criteria for whale strikes. not provide the Coast Guard with the management will be in a position to Coast Guard navigation safety authority to require such safety ensure that their vessels comply with all requirements for foreign and U.S. management systems on these U.S. applicable international and U.S. laws vessels are established in 33 CFR part domestic vessels. Thus, the final rule for purposes of safety and 164. These regulations include has not been changed due to these environmental protection. It does not requirements for vessels to have aboard comments. seek to define or incorporate detailed the current edition of the U.S. Coast 46. Editorial changes. 46 CFR regulatory requirements, but instead to Pilot for the area in which vessels are §§ 33.40–30 (a) & (b), 71.75–13 (a) & (b), establish the management structure that operating. In addition, other regulations 91.60–30 (a) & (b), 107.415 (a) & (b), will ensure that requirements applicable require vessels to have aboard proper 126.480 (a) & (b), and 186.60–30 (a) & to vessels are communicated to operating radiotelephone equipment (b). In these sections, paragraphs (a) and shoreside and vessel personnel, and that will allow vessels to monitor (b) have been combined to make it clear complied with. Thus, the requirements frequencies over which Notices to that only those vessels to which 33 CFR in this regulation are expressed in broad Mariners are broadcast. Compliance part 96 applies must have the ISM terms so they may have widespread with the ISM Code requirements in this certificates. application. As expressed in the part means that companies that own and 33 CFR 96.100. The public law cite comment, the suggestions applicable to operate vessels will have in place the was removed and replaced with 46 protected species are too narrow to be means to ensure that vessel Master are U.S.C. Chapter 32, which is the addressed in this rulemaking. aware of these requirements, that they authority for this subparts purpose. This does not mean that these comply and that corporate officers are 33 CFR 96.400(a). In the last sentence regulations will not beneficially effect aware of, and correct, instances of of this paragraph, the term ‘‘delegated endangered species or their critical noncompliance. For these reasons, no to’’ is replaced with the term ‘‘delegated habitats. Besides the beneficial effect change has been made to the final rule by’’. This will correctly reflect that that company policies and management due to these comments. audits and certification functions are structures promoting safe, 43. One comment focused on the not delegated ‘‘to’’ the Coast Guard. environmentally sound vessel introduction of injurious exotic species They are delegated to the recognized operations will have on the marine into U.S. coastal and riparian waters organization ‘‘by’’ the Coast Guard. environment in general, including through ballast water discharges by 33 CFR 96.470. In this section, the protected species, the management vessels engaged on foreign voyages to terms ‘‘of recognized organizations’’ is structure and policies put in place ports or places in the U.S. The Coast added to clarify which Commandant’s through the ISM Code will promote Guard is currently developing new list the removal may be from. compliance with all applicable laws, regulations to address vessel discharges including environmental efforts. Under of ballast water into U.S. waters. The Incorporation by Reference these regulations, company management Coast Guard is also monitoring actions The Director of the Federal Register would establish an operational and at IMO which involve these vessel has approved the material in § 96.130 management structure that would operations. No change has been made to for incorporation by reference under 5 ensure that vessel Masters and crews the final rule due to this comment. U.S.C. 552 and 1 CFR part 51. Copies of within their fleets would be provided 44. One general comment requested the material are available from the with the applicable safety and that an interim rule be published by the sources listed in that section. environmental requirements for Coast Guard for review and comment on Regulatory Evaluation operations in U.S. waters. Additionally, this rulemaking prior to the final rule the system would ensure that necessary being published. We disagree. As This final rule is not a significant training would be conducted. The written comments on the proposed regulatory action under section 3(f) of system would then be audited rulemaking did not point to any Executive Order 12866 and does not periodically to determine whether the significant problems nor any problems require an assessment of potential costs system is working and compliance is that have not been addressed in the final and benefits under section 6(a)(3) of that occurring. rule, the Coast Guard does not expect Order. It has not been reviewed by the An example of how this would work that publishing an interim rule would Office of Management and Budget under involves the Northern Right Whale. The markedly improve the regulations nor that Order. It is not significant under the Coast Guard is working closely with the assist vessel owners in complying with regulatory policies and procedures of National Marine Fisheries Service and the ISM Code by its first effective date the Department of Transportation (DOT) its charter agency, the National of July 1, 1998. Therefore, the Coast (44 FR 11040; February 26, 1979). Oceanographic and Atmospheric Guard has completed this rulemaking The basis for the number of vessels Administration (NOAA), to develop process by publishing this final rule. effected by this rulemaking was national programs to assist in protection 45. Two general comments were made developed from the Coast Guard’s of the Northern Right Whale by by one commentor on: (1) Mandatory Marine Safety Management System providing mariners operating directions requirements for safety management (MSMS) database on vessel inspection, for the whale’s critical habitat areas on systems on U.S. domestic vessels; and documentation and certification files. the east coast of the United States. Part (2) the benefits that would be reaped by From this source it was determined that of this effort is the publication of these domestic vessels compliance with there are 415 vessels with 163-discreet navigation warnings for the Northern these regulations. owners that hold Safety of Life at Sea Right Whale in Coast Guard Notices to The Coast Guard contends that the (SOLAS) certificates and are considered Mariners and in the U.S. Coast Pilot use of safety management systems by all to be subject to the mandatory 67504 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations application of the ISM Code. There are • Large Companies: $38.5 million. beneficial use of shoreline and cleanup 186 vessels that must comply with this • Total: $49.5 million (1998–2007 for ‘‘small’’ spills. regulation by July 1, 1998, and 229 inclusive). We identified relevant accidents that vessels that must comply by July 1, • The average cost per year: $5.0 occurred between 1993–1995 and 2002. million. developed factors to estimate their cost to society. The following steps were Costs Benefits used to estimate the annual reduction in Three distinct processes were used to A study was conducted to identify the future marine casualty costs that may be derive the costs to implement and significant types and circumstances of expected from ISM Code maintain the ISM Code. They include U.S. vessel accidents potentially implementation: developing a safety management system, preventable due to ISM Code 1. The projected costs were divided certification and audit fees, and training compliance. The data used to support into three categories depending on the Coast Guard and authorized the analysis of ISM Code benefits was cause of the casualty. The three organization personnel to conduct drawn from the MSMS Marine categories were personnel nature, any management system audits. Investigation Module (MINMOD) and primary nature other than pollution, The following cost estimates are a vessel information files. Marine and pollution casualties. result of one set of choices made by an Casualty Investigation Reports (MCIR’s) 2. Based on the study’s findings, a organization managing relevant U.S. were included in the study if they percentage range was created. This vessels in a normal and prudent involved either currently-registered U.S. range expressed the expectation of manner, but not having a safety vessels, that would be subject to the ISM future casualties with the management program that meets the Code or if a Human Factors Supplement implementation of the ISM Code final ISM Code. This scenario and was filed in the case. A Human Factors rule. maintenance of a safety management Supplement contains a standardized 3. The STCW rulemaking creates system assumes the employment of a ‘‘class’’ or ‘‘subclass’’ designation of a some of the same benefits as separate staff person with fleet-wide particular human factor or factors implementation of the ISM Code. The responsibility for safety, environmental considered by the investigating officer average annual cost reduction from the protection, and general quality control. to have contributed to the accident. implementation of STCW were taken On-going distribution of updated safety Only MCIR with problems considered into account to avoid double counting of and technical documents is a normal by the Coast Guard to be preventable benefits. company practice. The operator through ISM Code procedures were 4. The expected percentage impact of routinely maintains data-processing and retained. There were 214 such cases ISM Code implementation was then communication capability adequate to over the three year period (1993–1995). applied to produce the expected cost handle the ship-to-shore information These benefits needed to be quantified. reduction. flow required by the ISM Code. It was Five factors were used to estimate the After all of these procedures were assumed that the owner or operator is cost of the 214 relevant casualties. The followed an estimated benefit range was responsible for more than one vessel. five factors are listed below: (The dollar determined. The range for the economic The start-up costs for initiating a figures below reflect a 1997 dollar benefit of expected avoided costs of all safety management system is calculated value.) relevant accident types combined was at approximately $150K per company 1. Vessel and property damage: The estimated to be $6.9 to $12.8 million per and $2K per vessel, with recurring total dollar damage value per casualty year, dominated by the $6.4 to $12.2 expenses estimated to be $10K per has been estimated to be $10,000. million estimated for reduction in the vessel for system maintenance. 2. Injuries: The total dollar damage costs of personnel casualties. To clearly describe the effected value per injury has been estimated to population and improve the regulatory be $424,174. Cost-Benefit analysis, shipping concerns were 3. Deaths: The number of deaths or The total average cost for this final separated into three categories of large, missing persons shown in the MCIR rule (1998–2007) has been estimated at medium and small sized companies. For record multiplied by $2,700,000. This $49.5 million. This is approximately all companies, the cost is compiled for factor is currently recommended by $5.0 million per year. The range for the a 10-year period (1998–2007 inclusive). DOT for use in regulatory impact economic benefit of expected avoided For large companies, which is estimated estimation. costs of all relevant accident types to be 71 of the total 163 companies 4. Vessel Downtime: An average combined was estimated to be $6.9 to effected, the start-up cost is vessel downtime cost of $224,337 was $12.8 million per year. approximately $38.5 million. The arrived at by averaging all vessel The estimated cost-benefit for this average cost for these 71 companies per damage evaluations shown in the MICR final rule was calculated by dividing the year is estimated to be $3.8 million. For records other than for vessels evaluated measure’s present value cost by the medium companies, the total cost for as either seaworthy or as a total loss. measure’s present value benefit. The the 27 companies is approximately $7.8 This is the same factor that was used in estimated cost-benefit range for this rule million. The average cost for these the study completed for the is 0.39 to 0.72. A rule with a cost-benefit medium companies is estimated to be International Convention on Standards factor of less than 1.0 implies that $780,000 per year. Out of a total of 65 of Training, Certification and efficient standards have been set by small companies, only 12 companies Watchkeeping for Seafarers (STCW) balancing the costs of anticipated face these costs, and the total cost is rulemaking, implementation benefits. abatement against the benefits of approximately $3.2 million. The average 5. Environmental Damage: Any expected avoided costs. Therefore, this cost per year for these 12 small spillage recorded in the MCIR record is rulemaking can be deemed as cost companies is estimated to be $320,000. converted to 42-gallon barrel terms and effective. multiplied by $15,810. This is the Total Costs average cost used in the benefit study Small Entities • Small Companies: $3.2 million. done for STCW to represent per-barrel Under the Regulatory Flexibility Act • Medium Companies: $7.8 million. costs of natural resource damage, loss of (5 U.S.C. 601 et seq.), the Coast Guard Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67505 considered whether this rule will have When developing the small passenger Title 46, chapter 32 also requires that a significant economic impact on a vessel equivalence, the Coast Guard a responsible person’s company and substantial number of small entities. considered cost issues. Cost was not the U.S. vessel(s) possess Document of ‘‘Small entities’’ include small only reason used by the Coast Guard to Compliance certificates and Safety businesses, not-for-profit organizations determine that small passenger vessel Management Certificates, respectively, that are independently owned and operations could benefit equally by an as evidence of compliance with the ISM operated and are not dominant in their equivalence to the requirements Code. Recognized organizations fields, and governmental jurisdictions provided in these regulations. Their authorized to act on behalf of the U.S. with populations of less than 50,000. historical operational risk was and the Coast Guard will issue these Our initial evaluation was that this evaluated, the traditional policies that certificates. To prepare and issue these rule would effect approximately 72 are used to regulate international international management certificates, small entities, whose U.S. small conventions on these vessels, and the an amendment to existing information passenger vessels operate on small number of vessels within this type collection request 2115–0056 was international voyages. For purposes of of vessels which would be impacted. submitted to OMB. The Coast Guard is also required by the the ‘‘small entity’’ analysis, the Coast Safety management systems will be Guard considered the 72 vessels owned Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and the Small Business externally audited and reported on by by 65 companies as small entities. To an authorized organization through a ease the burden on small entities 54 of Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), to evaluate the review of the internal audit reports these are allowed to apply for an prepared by a company. Since the Coast equivalence to these requirements to impact of new federal regulations and the ability to assist these businesses. Guard reviews this information that significantly reduce their cost to documents the ISM Code compliance, develop and certify their safety Also, what played a factor was verbal existing collection request 2115–0626 management systems, if they opt to do comments received from operators of also requires amendment and was so. No comments or statements were such vessels at the public meetings held submitted to OMB for approval. received during the NPRM on the at four ports in the October and impact of this rulemaking on small November 1995 time frame at the As described above, the Coast Guard entities. No change or amendment to the initiation of this rulemaking process. submitted new and amended final rule was completed that would The Coast Guard has seen great success information collection requests alter the effect already stated in the with using an equivalence option with pursuant to the estimates described in NPRM on small entities. Therefore, the these vessel types and agreed that no the NPRM. No comments were received Coast Guard certifies under section reduction of safety would be incurred to the NPRM docket regarding these 605(b) of the Regulatory Flexibility Act by using this option in the enforcement estimates. No change was made to the (5 U.S.C. 601 et seq.) that this final rule of these new regulations. No change has proposed regulatory text which would will not have a significant economic been made to the final rule due to this require new information collection impact on a substantial number of small comment. requests. Also, no change was made to The Coast Guard is also providing entities. the final rule which would affect those these small entity owners with a job aid estimates. Assistance for Small Entities on safety management system development which will help them As required by 5 U.S.C. 3507(d), the In accordance with section 213(a) of meet these standards and will cut the Coast Guard submitted a copy of this the Small Business Regulatory cost of their having to go to a third party rule to the Office of Management and Enforcement Fairness Act of 1996 (Pub. source for support and training. These Budget (OMB) for its review of the L. 104–121), the Coast Guard offered to small passenger vessel owners will be collection of information. OMB has assist small entities in understanding provided with continued support by the approved the collection. The section the rule so that they could better local cognizant OCMI to ensure that numbers are: 33 CFR 96.250, 96.320, evaluate its effects on them and their vessels have a properly operating 96.330, 96.340, 96.350, 96.360, and 46 participate in the rulemaking process. safety management system which is CFR 2.01–25, 31.40–30, 71.75–13, No written requests were received by certificated prior to the effective date of 71.75–20, 91.60–30, 91.60–40, 107.417, the Coast Guard to provided assistance these requirements. 115.925, 126.480, 175.540, 176.925, for the development of safety 176.930,189.60–30, 189.60–40; and the Collection of Information management systems by small entities. corresponding approval numbers from One comment stated that the This final rule provides for a OMB are OMB Control Number(s), equivalence option provided for small collection of information under the 2115–0056; 2115–0057, and 2115–0626, passenger vessels as unnecessary, if the Paperwork Reduction Act of 1995 (44 which expire on August 31, 2000. limiting factor is the cost incurred to be U.S.C. 3501 et seq.). certificated by an organization acting on Information is collected to show the Persons are not required to respond to behalf of the U.S. The Coast Guard compliance status of responsible a collection of information unless it disagrees. persons and their U.S. vessels to the displays a currently valid OMB control This final rule offers an option for Coast Guard by recognized number. small entities to develop an equivalent organizations authorized by the Coast Federalism safety management system in concert Guard to act on behalf of the U.S. A with the cognizant Coast Guard OCMI. responsible person must establish a The Coast Guard completed an This option will significantly reduce the safety management system and prepare analysis of this final rule under the cost for the safety management system internal audit reports for the responsible principles and criteria contained in and will allow direct auditing and person’s company and vessel(s) which Executive Order 12612 and has certification by the Coast Guard. No demonstrate compliance with the ISM determined that this rule does not have extra fee will be required for these Code. Preparation of these reports sufficient implications for federalism to owners who elect to take advantage of required a new information collection warrant the preparation of a Federalism this option. request submittal to OMB. Assessment. 67506 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

Federal Preemption requirements, Safety management Subpart BÐCompany and Vessel Safety systems. Management Systems Historically, the Coast Guard has 96.200 Purpose. inspected vessels for their compliance 46 CFR Part 71 96.210 Who does this subpart apply to? with Federal regulations and Marine safety, Passenger vessels, 96.220 What makes up a safety management international standards to which the Reporting and recordkeeping system? United States is a party that address the requirements, Safety management 96.230 What objectives must a safety management system meet? safety of vessels and protection of the systems. marine environment. These regulations 96.240 What functional requirements must implement the provisions of the 46 CFR Part 91 a safety management system meet? International Convention for the Safety 96.250 What documents and reports must a Cargo vessels, Marine safety, safety management system have? of Life at Sea, 1974, (SOLAS) as Reporting and recordkeeping amended, to which the United States is Subpart CÐHow Will Safety Management requirements, Safety management Systems Be Certificated and Enforced? a party. As a party to this Convention, systems. the United States has agreed to 96.300 Purpose. implement its provisions for vessels 46 CFR Part 107 96.310 Who does this subpart apply to? 96.320 What is involved to complete a flying the flag of the United States and Marine safety, Oil and gas to apply these provisions to foreign safety management audit and when is it exploration, Reporting and required to be completed? vessels in accordance with the recordkeeping requirements, Safety 96.330 Document of Compliance certificate: enforcement regime established within management systems, Vessels. what is it and when is it needed? the Convention. In addition, actions by 96.340 Safety Management Certificate: what state and local governments that seek to 46 CFR Part 115 is it and when is it needed? impose different standards than those Marine safety, Passenger vessels, 96.350 Interim Document of Compliance imposed by these regulations would Reporting and recordkeeping certificate: what is it and when can it be frustrate the desire of Congress to requirements, Safety management used? impose uniform, international standards 96.360 Interim Safety Management systems. Certificate: what is it and when can it be relating to the implementation of safety 46 CFR Part 126 used? management systems for vessels when it 96.370 What are the requirements for enacted 46 U.S.C. Chapter 32. It is the Marine safety, Offshore supply vessels of countries not party to Chapter Coast Guard’s opinion that the vessels, Reporting and recordkeeping IX of SOLAS? Supremacy Clause of the Constitution requirements, Safety management 96.380 How will the Coast Guard handle would preempt state and local systems. compliance and enforcement of these regulations that seek to impose different regulations? or higher standards than those 46 CFR Part 175 96.390 When will the Coast Guard deny entry into a U.S. port? established in these regulations. Marine safety, Passenger vessels, Reporting and recordkeeping Subpart DÐAuthorization of Recognized Environment requirements, Safety management Organizations To Act on Behalf of the U.S. The Coast Guard considered the systems. 96.400 Purpose. 96.410 Who does this subpart apply to? environmental impact of this final rule 46 CFR Part 176 and concluded during the rulemaking 96.420 What authority may an organization stage that under paragraph 2.B.2.e(34) of Marine safety, Passenger vessels, ask for under this regulation? Reporting and recordkeeping 96.430 How does an organization submit a Commandant Instruction M16475.1B, request to be authorized? this rule is categorically excluded from requirements, Safety management 96.440 How will the Coast Guard decide further environmental documentation. systems. whether to approve an organization’s Paragraph 2.B.2.e(34)(d) categorically 46 CFR Part 189 request to be authorized? excludes regulations concerning 96.450 What happens if the Coast Guard manning, documentation, measurement, Marine safety, Oceanographic disapproves an organization’s request to inspection and equipping of vessels. A research vessels, Reporting and be authorized? ‘‘Categorical Exclusion Determination’’ recordkeeping requirements, Safety 96.460 How will I know what the Coast management systems. Guard requires of my organization if my is available in the docket for inspection organization receives authorization? or copying where indicated under For the reasons discussed in the 96.470 How does the Coast Guard terminate ADDRESSES. preamble, the Coast Guard amends 33 an organization’s authorization? CFR Chapter I and 46 CFR Chapter I as List of Subjects 96.480 What is the status of a certificate if follows: the issuing organization has its authority 33 CFR Part 96 terminated? TITLE 33ÐNAVIGATION AND 96.490 What further obligations exist for my Administrative practice and NAVIGABLE WATERS organization if the Coast Guard procedure, Incorporation by reference, terminates its authorization? Marine safety, Reporting and 1. Add part 96 to read as follows: 96.495 How can I appeal a decision made recordkeeping requirements, Safety by an authorized organization? management systems, Vessels. PART 96ÐRULES FOR THE SAFE Authority: 46 U.S.C. 3201 et. seq.; 46 OPERATION OF VESSELS AND U.S.C. 3103; 46 U.S.C. 3316, 33 U.S.C. 1231; 46 CFR Part 2 SAFETY MANAGEMENT SYSTEMS 49 CFR 1.45, 49 CFR 1.46. Marine safety, Reporting and Subpart AÐGeneral Subpart AÐGeneral recordkeeping requirements, Vessels. Sec. § 96.100 Purpose. 46 CFR Part 31 96.100 Purpose. 96.110 Who does this subpart apply to? This subpart implements Chapter IX Cargo vessels, Marine safety, 96.120 Definitions. of the International Convention for the Reporting and recordkeeping 96.130 Incorporation by reference. Safety of Life at Sea (SOLAS), 1974, Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67507

International Management Code for the responsibilities imposed by this part or (ii) agreed to assume, with respect to Safe Operation of Ships and for the ISM Code. the vessel, responsibility for complying Pollution Prevention (International Designated person means a person or with all the requirements of this part. Safety Management (ISM) Code), as persons designated in writing by the (3) A responsible person may be a required by 46 U.S.C. Chapter 32. responsible person who monitors the company, firm, corporation, association, Note: Chapter IX of SOLAS is available safety management system of the partnership or individual. from the International Maritime company and vessel and has: Safety management audit means a Organization, Publication Section, 4 Albert (1) Direct access to communicate with systematic and independent Embankment, London, SE1 75R, United the highest levels of the company and examination to determine whether the Kingdom, Telex 23588. Please include with all management levels ashore and safety management system activities and document reference number ‘‘IMO–190E’’ in aboard the company’s vessel(s); related results comply with planned your request. (2) Responsibility to monitor the arrangements and whether these safety and environmental aspects of the § 96.110 Who does this subpart apply to? arrangements are implemented operation of each vessel; and effectively and are suitable to achieve This subpart applies to you if— (3) Responsibility to ensure there are objectives. (a) You are a responsible person who adequate support and shore-based owns a U.S. vessel(s) and must comply resources for vessel(s) operations. Safety Management Certificate means with Chapter IX of SOLAS; Document of Compliance means a a document issued to a vessel which (b) You are a responsible person who certificate issued to a company or signifies that the responsible person or owns a U.S. vessel(s) that is not required responsible person that complies with its company, and the vessel’s shipboard to comply with Chapter IX of SOLAS, the requirements of this part or the ISM management operate in accordance with but requests application of this subpart; Code. the approved safety management (c) You are a responsible person who International Safety Management system. owns a foreign vessel(s) engaged on a (ISM) Code means the International Safety Management System means a foreign voyage, bound for ports or Management Code for the Safe structured and documented system places under the jurisdiction of the U.S., Operation of Ships and Pollution enabling Company and vessel personnel which must comply with Chapter IX of Prevention, Chapter IX of the Annex to to effectively implement the responsible SOLAS; or the International Convention for the person’s safety and environmental (d) You are a recognized organization Safety of Life at Sea (SOLAS), 1974. protection policies. applying for authorization to act on Non-conformity means an observed SOLAS means the International behalf of the U.S. to conduct safety situation where objective evidence Convention for the Safety of Life at Sea, management audits and issue indicates the non-fulfillment of a 1974, as amended. international convention certificates. specified requirement. Vessel engaged on a foreign voyage Major non-conformity means an § 96.120 Definitions. means a vessel to which this part identifiable deviation which poses a applies that is— (a) Unless otherwise stated in this serious threat to personnel or vessel (1) Arriving at a place under the section, the definitions in Chapter IX, safety or a serious risk to the Regulation 1 of the International jurisdiction of the United States from a environment and requires immediate place in a foreign country; Convention for the Safety of Life at Sea corrective action; in addition, the lack of (2) Making a voyage between places (SOLAS) apply to this part. effective and systematic implementation outside the United States; or (b) As used in this part— of a requirement of the ISM Code is also Administration means the considered a major non-conformity. (3) Departing from a place under the Government of the State whose flag the Objective Evidence means jurisdiction of the United States for a ship is entitled to fly. quantitative or qualitative information, place in a foreign country. Authorized Organization Acting on records or statements of fact pertaining § 96.130 Incorporation by reference. behalf of the U.S. means an organization to safety or to the existence and that is recognized by the Commandant implementation of a safety management (a) The Director of the Federal of the U.S. Coast Guard under the system element, which is based on Register approves certain material that minimum standards of subparts A and observation, measurement or test and is incorporated by reference into this B of 46 CFR part 8, and has been which can be verified. subpart under 5 U.S.C. 552(a) and 1 CFR authorized under this section to conduct Officer In Charge, Marine Inspection part 51. To enforce any edition other certain actions and certifications on (OCMI) means the U.S. Coast Guard than that specified in paragraph (b) of behalf of the United States. officer as described in 46 CFR 1.01– this section, the Coast Guard must Captain of the Port (COTP) means the 15(b), in charge of an inspection zone publish notice of the change in the U.S. Coast Guard officer as described in described in 33 CFR part 3, or that Federal Register and the material must 33 CFR 6.01–3, commanding a Captain person’s authorized representative. be available to the public. You may of the Port zone described in 33 CFR Recognized organization means an inspect all material at the Office of the part 3, or that person’s authorized organization which has applied and Federal Register, 800 North Capitol St., representative. been recognized by the Commandant of NW., Suite 700, Washington, DC and at Commandant means the the Coast Guard to meet the minimum the U.S. Coast Guard, Office of Design Commandant, U.S. Coast Guard. standards of 46 CFR part 8, subparts A and Engineering Standards (G–MSE), Company means the owner of a and B. 2100 Second St., SW., Washington, DC vessel, or any other organization or Responsible person means— 20593–0001, and receive it from the person such as the manager or the (1) The owner of a vessel to whom source listed in paragraph (b) of this bareboat charterer of a vessel, who has this part applies, or section. assumed the responsibility for operation (2) Any other person that— (b) The material approved for of the vessel from the shipowner and (i) has assumed the responsibility incorporation by reference in this who on assuming responsibility has from the owner for operation of the subpart and the sections affected are as agreed to take over all the duties and vessel to which this part applies; and follows: 67508 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

American National Standards (1) A barge; management skills of personnel ashore Institute (ANSI)—11 West 42nd St., New (2) A recreational vessel not engaged and aboard vessels, including York, NY 10036. in commercial service; preparation for emergencies related to ANSI/ASQC Q9001–1994, Quality (3) A fishing vessel; both safety and environmental Systems—Model for Quality (4) A vessel operating only on the protection; and Assurance in Design, Development, Great Lakes or its tributary and (d) Ensure compliance with Production, Installation, and connecting waters; or mandatory rules and regulations, taking Servicing, 1994—96.430 (5) A public vessel, which includes a into account relevant national and International Maritime Organization U.S. vessel of the National Defense international regulations, standards, IMO—4 Albert Embankment, London, Reserve Fleet owned by the U.S. codes and maritime industry guidelines, SE1 7SR, United Kingdom. Maritime Administration and operated when developing procedures and in non-commercial service. Resolution A.741(18), International policies for the safety management (c) Any responsible person and their Management Code for the Safe system. company who owns and operates a U.S. Operation of Ships and for Pollution flag vessel(s) which does not meet the § 96.240 What functional requirements Prevention, November 4, 1993— conditions of paragraph (a), may must a safety management system meet? 96.220, 96.370 Resolution A.788 (19), Guidelines on voluntarily meet the standards of this The functional requirements of a Implementation of the International part and Chapter IX of SOLAS and have safety management system must Safety Management (ISM) Code by their safety management systems include— Administrations, November 23, certificated. (a) A written statement from the 1995—96.320, 96.440 (d) The compliance date for the responsible person stating the Resolution A.739(18), Guidelines for the requirements of this part are— company’s safety and environmental Authorization of Organizations Acting (1) On or after July 1, 1998, for— protection policy; (i) Vessels transporting more than 12 on Behalf of the Administration, (b) Instructions and procedures to passengers engaged on a foreign voyage; November 4, 1993—96.440 provide direction for the safe operation or of the vessel and protection of the (ii) Tankers, bulk freight vessels, or Subpart BÐCompany and Vessel environment in compliance with the high speed freight vessels of at least 500 Safety Management Systems applicable U.S. Code of Federal gross tons or more, engaged on a foreign Regulations, and international § 96.200 Purpose. voyage. conventions to which the U.S. is a party This subpart establishes the minimum (2) On or after July 1, 2002, for other (SOLAS, MARPOL, etc.); standards that the safety management freight vessels and self-propelled mobile system of a company and its U.S. flag offshore drilling units (MODUs) of at (c) Documents showing the levels of vessel(s) must meet for certification to least 500 gross tons or more, engaged on authority and lines of communication comply with the requirements of 46 a foreign voyage. between shoreside and shipboard U.S.C. 3201–3205 and Chapter IX of personnel; SOLAS, 1974. It also permits companies § 96.220 What makes up a safety (d) Procedures for reporting accidents, management system? with U.S. flag vessels that are not near accidents, and non-conformities required to comply with this part to (a) The safety management system with provisions of the company’s and voluntarily develop safety management must document the responsible vessel’s safety management system, and systems which can be certificated to person’s— the ISM Code; (1) Safety and pollution prevention standards consistent with Chapter IX of (e) Procedures to prepare for and policy; SOLAS. respond to emergency situations by (2) Functional safety and operational shoreside and shipboard personnel; § 96.210 Who does this subpart apply to? requirements; (a) This subpart applies— (3) Recordkeeping responsibilities; (f) Procedures for internal audits on (1) To a responsible person who owns and the operation of the company and or operates a U.S. vessel(s) engaged on (4) Reporting responsibilities. vessel(s) safety management system; and a foreign voyage which meet the (b) A safety management system must (g) Procedures and processes for conditions of paragraph (a)(2) of this also be consistent with the functional management review of company section; standards and performance elements of internal audit reports and correction of (2) To all U.S. vessels engaged on a IMO Resolution A.741(18). non-conformities that are reported by foreign voyage that are— these or other reports. (i) A vessel transporting more than 12 § 96.230 What objectives must a safety passengers; or management system meet? § 96.250 What documents and reports must a safety management system have? (ii) A tanker, a bulk freight vessel, a The safety management system must: freight vessel or a self-propelled mobile (a) Provide for safe practices in vessel The documents and reports required offshore drilling unit (MODU) of 500 operation and a safe work environment for a safety management system under gross tons or more; and onboard the type of vessel the system is § 96.330 or § 96.340 must include the (3) To all foreign vessels engaged on developed for; written documents and reports itemized a foreign voyage, bound for ports or (b) Establish and implement in Table 96.250. These documents and places under the jurisdiction of the U.S., safeguards against all identified risks; reports must be available to the and subject to Chapter IX of SOLAS. (c) Establish and implement actions to company’s shore-based and vessel(s)- (b) This subpart does not apply to— continuously improve safety based personnel: Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67509

TABLE 96.250.ÐSAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTS

Type of documents and reports Specific requirements

(a) Safety and environmental policy statements ...... (1) Meet the objectives of § 96.230; and (2) Are carried out and kept current at all levels of the company; (b) Company responsibilities and authority statements ...... (1) The owners name and details of responsibility for operation of the company and vessel(s); (2) Name of the person responsible for operation of the company and vessel(s), if not the owner; (3) Responsibility, authority and interrelations of all personnel who manage, perform, and verify work relating to and affecting the safety and pollution prevention operations of the company and vessel(s); and (4) A statement describing the company's responsibility to ensure ade- quate resources and shore-based support are provided to enable the designated person or persons to carry out the responsibilities of this subpart. (c) Designation in writing of a person or persons to monitor the safety (1) Have direct access to communicate with the highest levels of the management system for the company and vessel(s). company and with all management levels ashore and aboard the company's vessel(s); (2) Have the written responsibility to monitor the safety and environ- mental aspects of the operation of each vessel; and (3) Have the written responsibility to ensure there are adequate sup- port and shore-based resources for vessel(s) operations. (d) Written statements that define the Master's responsibilities and au- (1) Carry out the company's safety and environmental policies; thorities. (2) Motivate the vessel's crew to observe the safety management sys- tem policies; (3) Issue orders and instructions in a clear and simple manner; (4) Make sure that specific requirements are carried out by the vessel's crew and shore-based resources; and (5) Review the safety management system and report non-conformities to shore-based management. (e) Written statements that the Master has overriding responsibility and (1) Ability to make decisions about safety and environmental pollution; authority to make vessel decisions. and (2) Ability to request the company's help when necessary. (f) Personnel procedures and resources which are available ashore and (1) Masters of vessels are properly qualified for command; aboard ship.. (2) Masters of vessels know the company's safety management sys- tem; (3) Owners or companies provide the necessary support so that the Master's duties can be safely performed; (4) Each vessel is properly crewed with qualified, certificated and medi- cally fit seafarers complying with national and international require- ments; (5) New personnel and personnel transferred to new assignments in- volving safety and protection of the environment are properly intro- duced to their duties; (6) Personnel involved with the company's safety management system have an adequate understanding of the relevant rules, regulations, codes and guidelines; (7) Needed training is identified to support the safety management sys- tem and ensure that the training is provided for all personnel con- cerned; (8) Communication of relevant procedures for the vessel's personnel involved with the safety management system is in the language(s) understood by them; and (9) Personnel are able to communicate effectively when carrying out their duties as related to the safety management system. (g) Vessel safety and pollution prevention operation plans and instruc- (1) Define tasks; and tions for key shipboard operations.. (2) Assign qualified personnel to specific tasks. (h) Emergency preparedness procedures...... (1) Identify, describe and direct response to potential emergency ship- board situations; (2) Set up programs for drills and exercises to prepare for emergency actions; and (3) Make sure that the company's organization can respond at any- time, to hazards, accidents and emergency situations involving their vessel(s). (i) Reporting procedures on required actions...... (1) Report non-conformities of the safety management system; (2) Report accidents; (3) Report hazardous situations to the owner or company; and (4) Make sure reported items are investigated and analyzed with the objective of improving safety and pollution prevention. 67510 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

TABLE 96.250.ÐSAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTSÐContinued

Type of documents and reports Specific requirements

(j) Vessel maintenance procedures. (These procedures verify that a (1) Inspect vessel's equipment, hull, and machinery at appropriate in- company's vessel(s) is maintained in conformity with the provisions tervals; of relevant rules and regulations, with any additional requirements (2) Report any non-conformity or deficiency with its possible cause, if which may be established by the company.). known; (3) Take appropriate corrective actions; (4) Keep records of these activities; (5) Identify specific equipment and technical systems that may result in a hazardous situation if a sudden operational failure occurs; (6) Identify measures that promote the reliability of the equipment and technical systems identified in paragraph (j)(5), and regularly test standby arrangements and equipment or technical systems not in continuous use; and (7) Include the inspections required by this section into the vessel's operational maintenance routine. (k) Safety management system document and data maintenance ...... (1) Procedures which establish and maintain control of all documents and data relevant to the safety management system. (2) Documents are available at all relevant locations, i.e., each vessel carries on board all documents relevant to that vessels operation; (3) Changes to documents are reviewed and approved by authorized personnel; and (4) Outdated documents are promptly removed. (l) Safety management system internal audits which verify the safety (1) Periodic evaluation of the safety management system's efficiency and pollution prevention activities. and review of the system in accordance with the established proce- dures of the company, when needed; (2) Types and frequency of internal audits, when they are required, how they are reported, and possible corrective actions, if necessary; (3) Determining factors for the selection of personnel, independent of the area being audited, to complete internal company and vessel au- dits; and (4) Communication and reporting of internal audit findings for critical management review and to ensure management personnel of the area audited take timely and corrective action on non-conformities or deficiencies found. Note: The documents and reports required by this part are for the purpose of promoting safety of life and property at sea, as well as protection of the environment. The documents and reports are intended to ensure the communication and understanding of company and vessel safety management systems, which will allow a measure of the systems effectiveness and its responsible person to continuously improve the system and safety the system provides.

Subpart CÐHow Will Safety (d) If you are a recognized (c) Actions required during safety Management Systems Be Certificated organization authorized by the U.S. to management audits for a company and and Enforced? complete safety management audits and their U.S. vessel(s) are— certification required by this part. (1) Review and verify the procedures § 96.300 Purpose. and documents that make up a safety This subpart establishes the standards § 96.320 What is involved to complete a management system, as defined in safety management audit and when is it for the responsible person of a company required to be completed? subpart B of this part. and its vessel(s) to obtain the required (2) Make sure the audit complies with (a) A safety management audit is any and voluntary, national and this subpart and is consistent with IMO of the following: international certification for the (1) An initial audit which is carried Resolution A.788(19), Guidelines on company’s and vessel’s safety out before a Document of Compliance Implementation of the International management system. certificate or a Safety Management Safety Management (ISM) Code by Administrations. § 96.310 Who does this subpart apply to? Certificate is issued; (2) A renewal audit which is carried (3) Make sure the audit is carried out This subpart applies: out before the renewal of a Document of by a team of Coast Guard auditors or (a) If you are a responsible person Compliance certificate or a Safety auditors assigned by a recognized who owns a vessel(s) registered in the Management Certificate; organization authorized to complete U.S. and engaged on a foreign voyage(s), (3) Periodic audits including— such actions by subpart D of this part. or holds certificates or endorsement of (i) An annual verification audit, as (d) Safety management audits for a such voyages; described in § 96.330(f) of this part, and company and their U.S. vessel(s) are (b) If you are a responsible person (ii) An intermediate verification audit, required— who owns a vessel(s) registered in the as described in § 96.340(e)(2) of this (1) Before issuing or renewing a U.S. and volunteer to meet the part. Document of Compliance certificate, standards of this part and Chapter IX of (b) A satisfactory audit means that the and to keep a Document of Compliance SOLAS; auditor(s) agrees that the requirements certificate valid, as described in (c) To all foreign vessels engaged on of this part are met, based on review and §§ 96.330 and 96.340 of this part. a foreign voyage, bound for ports or verification of the procedures and (2) Before issuing or renewing a Safety places under the jurisdiction of the U.S., documents that make up the safety Management Certificate, and to and subject to Chapter IX of SOLAS; or management system. maintain the validity of a Safety Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67511

Management Certificate, as described in or more, must carry a valid copy of the Certificate even if your vessel is not § 96.340 of this part. company’s Document of Compliance required to by paragraph (a) of this However, any safety management audit certificate onboard when on a foreign section. for the purpose of verifying a vessel’s voyage. (c) Your U.S. vessel may only be safety management system will not be (e) A valid Document of Compliance issued a Safety Management Certificate scheduled or conducted for a company’s certificate covers the type of vessel(s) on or have it renewed when your company U.S. vessel unless the company first has which a company’s safety management holds a valid Document of Compliance undergone a safety management audit of system initial safety management audit certificate issued under § 96.330 of this the company’s safety management was based. The validity of the part and the vessel has completed a system, and has received its Document Document of Compliance certificate satisfactory safety management audit of of Compliance certificate. may be extended to cover additional the vessel’s safety management system (e) Requests for all safety management types of vessels after a satisfactory safety set out in § 96.320 of this part. management audit is completed on the audits for a company and its U.S. (d) A copy of your company’s valid company’s safety management system vessel(s) must be communicated— Document of Compliance certificate (1) By a responsible person directly to which includes those additional vessel must be on board all U.S. and foreign a recognized organization authorized by types. vessels which carry more than 12 the U.S. (f) A Document of Compliance passengers, and must be onboard a (2) By a responsible person within the certificate is valid for 60 months. The tanker, bulk freight vessel, freight time limits for an annual verification company’s safety management system vessel, or a self-propelled mobile audit, described in § 96.330(f) of this must be verified annually by the Coast offshore drilling unit of 500 gross tons part, and for an intermediate Guard or by an authorized organization or more, when engaged on foreign verification audit, described in acting on behalf of the U.S. through a voyages or within U.S. waters. § 96.340(e)(2) of this part. If he or she safety management verification audit, does not make a request for a safety within three months before or after the (e) A Safety Management Certificate is management annual or verification certificate’s anniversary date. valid for 60 months. The validity of the audit for a valid Document of (g) Only the Coast Guard may revoke Safety Management Certificate is based Compliance certificate issued to a a Document of Compliance certificate on— company or a valid Safety Management from a company which owns a U.S. (1) A satisfactory initial safety Certificate issued to a vessel, this is vessel. The Document of Compliance management audit; cause for the Coast Guard to revoke the certificate may be revoked if— (2) A satisfactory intermediate certificate as described in §§ 96.330 and (1) The annual safety management verification audit requested by the 96.340 of this part. audit and system verification required vessel’s responsible person, completed (f) If a non-conformity with a safety by paragraph (f) of this section is not between the 24th and 36th month of the management system is found during an completed by the responsible person; or certificate’s period of validity; and audit, it must be reported in writing by (2) Major non-conformities are found (3) A vessel’s company holding a the auditor: in the company’s safety management valid Document of Compliance (1) For a company’s safety system during a safety management certificate. When a company’s management system audit, to the audit or other related survey or Document of Compliance certificate company’s owner; and inspection being completed by the Coast (2) For a vessel’s safety management Guard or the recognized organization expires or is revoked, the Safety system audit, to the company’s owner chosen by the company or responsible Management Certificate for the and vessel’s Master. person. company-owned vessel(s) is invalid. (3) The Coast Guard or an authorized (f) Renewal of a Safety Management § 96.330 Document of Compliance organization acting on its behalf is Certificate requires the completion of a certificate: what is it and when is it needed? denied, or restricted access to, any satisfactory safety management system (a) You must hold a valid Document vessel, record or personnel of the audit which meets all of the of Compliance certificate if you are the company, at any time necessary to requirements of subpart B in this part. responsible person who, or company evaluate the safety management system. A renewal of a Safety Management which, owns a U.S. vessel engaged on (h) When a company’s valid Certificate cannot be started unless the foreign voyages, carrying more than 12 Document of Compliance certificate is company which owns the vessel holds passengers, or is a tanker, bulk freight revoked by the Coast Guard, a a valid Document of Compliance vessel, freight vessel, or a self-propelled satisfactory safety management audit certificate. mobile offshore drilling unit of 500 must be completed before a new (g) Only the Coast Guard may revoke gross tons or more. Document of Compliance certificate for a Safety Management Certificate from a (b) You may voluntarily hold a valid the company’s safety management U.S. vessel. The Safety Management Document of Compliance certificate, if system can be reissued. Certificate will be revoked if— you are a responsible person who, or a company which, owns a U.S. vessel not § 96.340 Safety Management Certificate: (1) The vessel’s responsible person included in paragraph (a) of this section. what is it and when is it needed? has not completed an intermediate (c) You will be issued a Document of (a) Your U.S. vessel engaged on a safety management audit required by Compliance certificate only after you foreign voyage must hold a valid Safety paragraph (e)(2) of this section; or complete a satisfactory safety Management Certificate if it carries (2) Major non-conformities are found management audit as described in more than 12 passengers, or if it is a in the vessel’s safety management § 96.320 of this part. tanker, bulk freight vessel, freight system during a safety management (d) All U.S. and foreign vessels that vessel, or a self-propelled mobile audit or other related survey or carry more than 12 passengers or a offshore drilling unit of 500 gross tons inspection being completed by the Coast tanker, bulk freight vessel, freight or more. Guard or the recognized organization vessel, or a self-propelled mobile (b) Your U.S. vessel may voluntarily chosen by the vessel’s responsible offshore drilling unit of 500 gross tons hold a valid Safety Management person. 67512 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

§ 96.350 Interim Document of Compliance management system and the planned set (2) The vessel’s crew or shore-based certificate: what is it and when can it be up arrangements; personnel are following the procedures used? (5) Written documented instructions and policies of the safety management (a) An Interim Document of have been extracted from the safety system while operating the vessel or Compliance certificate may be issued to management system and given to the transferring cargoes. help set up a company’s safety vessel prior to sailing; (b) A foreign vessel that does not management system when— (6) The company plans an internal comply with these regulations, or one (1) A company is newly set up or in audit of the vessel within three months; on which the vessel’s condition or use transition from an existing company and into a new company; or (7) The relevant information from the of its safety management system do not (2) A new type of vessel is added to safety management system is written in substantially agree with the particulars an existing safety management system English, and in any other language of the Document of Compliance and Document of Compliance certificate understood by the vessel’s personnel. certificate, Safety Management for a company. Certificate or other required evidence of (b) A responsible person for a § 96.370 What are the requirements for compliance, may be detained by order company operating a U.S. vessel(s) that vessels of countries not party to Chapter IX of the COTP or OCMI. This may occur meets the requirements of paragraph (a) of SOLAS? at the port or terminal where the of this section, may send a request to a (a) Each foreign vessel which carries violation is found until, in the opinion recognized organization authorized to more than 12 passengers, or is a tanker, of the detaining authority, the vessel can act on behalf of the U.S. to receive an bulk freight vessel, freight vessel, or go to sea without presenting an Interim Document of Compliance self-propelled mobile offshore drilling unreasonable threat of harm to the port, certificate that is valid for a period up unit of 500 gross tons or more, operated the marine environment, the vessel or to 12 months. To be issued the Interim in U.S. waters, under the authority of a its crew. The detention order may allow Document of Compliance certificate the country not a party to Chapter IX of the vessel to go to another area of the vessel’s company must— SOLAS must— port, if needed, rather than stay at the (1) Demonstrate to an auditor that the (1) Have on board valid place where the violation was found. company has a safety management documentation showing that the vessel’s (c) If any vessel that must comply system that meets § 96.230 of this part; company has a safety management with this part or with the ISM Code and system which was audited and assessed, (2) Provide a plan for full consistent with the International Safety does not have a Safety Management implementation of a safety management Management Code of IMO Resolution Certificate and a copy of its company’s system within the period that the A.741(18); Document of Compliance certificate on Interim Document of Compliance (2) Have on board valid board, a vessel owner, charterer, certificate is valid. documentation from a vessel’s Flag managing operator, agent, Master, or any Administration showing that the other individual in charge of the vessel § 96.360 Interim Safety Management vessel’s safety management system was that is subject to this part, may be liable Certificate: what is it and when can it be audited and assessed to be consistent for a civil penalty under 46 U.S.C. 3318. used? with the International Safety For foreign vessels, the Coast Guard may (a) A responsible person may apply Management Code of IMO Resolution request the Secretary of the Treasury to for an Interim Safety Management A.741(18); or withhold or revoke the clearance Certificate when— (3) Show that evidence of compliance required by 46 U.S.C. App. 91. The (1) A responsible person takes was issued by either a government that Coast Guard may ask the Secretary to delivery of a new U.S. vessel; or is party to SOLAS or an organization permit the vessel’s departure after the (2) Takes responsibility for the recognized to act on behalf of the bond or other surety is filed. management of a U.S. vessel which is vessel’s Flag Administration. new to the responsible person or their (b) Evidence of compliance must § 96.390 When will the Coast Guard deny company. contain all of the information in, and entry into a U.S. port? (b) An Interim Safety Management have substantially the same format as (a) Except for a foreign vessel entering Certificate is valid for 6 months. It may a— be issued to a U.S. vessel which meets U.S. waters under force majeure, no (1) Document of Compliance vessel shall enter any port or terminal the conditions of paragraph (a) of this certificate; and section, when— of the U.S. without a safety management (2) Safety Management Certificate. system that has been properly (1) The company’s valid Document of (c) Failure to comply with this section certificated to this subpart or to the Compliance certificate or Interim will subject the vessel to the compliance requirements of Chapter IX of SOLAS Document of Compliance certificate and enforcement procedures of § 96.380 if— applies to that vessel type; of this part. (2) The company’s safety management (1) It is engaged on a foreign voyage; system for the vessel includes the key § 96.380 How will the Coast Guard handle and elements of a safety management compliance and enforcement of these (2) It is carrying more than 12 system, set out in § 96.220, applicable to regulations? passengers, or a tanker, bulk freight this new type of vessel; (a) While operating in waters under (3) The company’s safety management the jurisdiction of the United States, the vessel, freight vessel, or self-propelled system has been assessed during the Coast Guard may board a vessel to mobile offshore drilling unit of 500 safety management audit to issue the determine that— gross tons or more. Document of Compliance certificate or (1) Valid copies of the company’s (b) The cognizant COTP will deny demonstrated for the issuance of the Document of Compliance certificate and entry of a vessel into a port or terminal Interim Document of Compliance Safety Management Certificate are on under the authority of 46 U.S.C. 3204(c), certificate; board, or evidence of the same for to any vessel that does not meet the (4) The Master and senior officers of vessels from countries not party to requirements of paragraph (a) of this the vessel are familiar with the safety Chapter IX of SOLAS; and section. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67513

Subpart DÐAuthorization of C9001 for safety management auditing with recognized industry standards and Recognized Organizations To Act on and certification; or IMO Resolution A.788(19); Behalf of the U.S. (iii) The organization has an (5) Acceptable standards for internal equivalent internal quality standard auditing and management review; § 96.400 Purpose. system recognized by the Coast Guard to (6) Record-keeping standards for (a) This subpart establishes criteria complete safety management audits and safety management auditing and and procedures for organizations certification. certification; recognized under 46 CFR part 8, (3) A list of the organization’s (7) Methods for reporting non- subparts A and B, to be authorized by exclusive auditors qualified to complete conformities and recording completion the Coast Guard to act on behalf of the safety management audits and their of remedial actions; U.S. The authorization is necessary in operational area; and (8) Methods for certifying safety order for a recognized organization to (4) A written statement that the management systems; (9) Methods for periodic and perform safety management audits and procedures and records of the intermediate audits of safety certification functions delegated by the recognized organization regarding its management systems; Coast Guard as described in this part. actions involving safety management (10) Methods for renewal audits of (b) To receive an up-to-date list of system audits and certification are safety management systems; recognized organizations authorized to available for review annually and at any act under this subpart, send a self- (11) Methods for handling appeals; time deemed necessary by the Coast and addressed, stamped envelope and Guard. written request to the Commandant (G– (12) Overall procedures consistent (b) If the organization is a foreign MSE), 2100 Second Street SW., with IMO Resolution A.739(18), classification society that has been Washington, DC 20593–0001. ‘‘Guidelines for the Authorization of recognized under 46 CFR part 8, Organizations Acting on Behalf of the § 96.410 Who does this regulation apply subparts A and B, and wishes to apply Administration.’’ to? for authorization under this part, it must (b) After a favorable evaluation of the This subpart applies to all demonstrate the reciprocity required by organization’s written request, the Coast organizations recognized by the U.S. 46 U.S.C. 3316 for ISM Code Guard will arrange to visit the under 46 CFR part 8, subpart A and B, certification. The organization must organization’s corporate offices and port who wish to seek authorization to provide, with its request for offices for an on-site evaluation of conduct safety management audits and authorization an affidavit from the operations. issue relevant international safety government of the country in which the (c) When a request is approved, the certificates under the provisions of the classification society is headquartered. recognized organization and the Coast ISM Code and voluntary certificates on This affidavit must provide a list of Guard will enter into a written behalf of the U.S. authorized delegations by the flag state agreement. This agreement will define of the administration of the foreign the scope, terms, conditions and § 96.420 What authority may an classification society’s country to the requirements of the authorization. organization ask for under this regulation? American Bureau of Shipping, and Conditions of this agreement are found (a) An organization may request indicate any conditions related to the in § 96.460 of this part. authorization to conduct safety delegated authority. If this affidavit is management audits and to issue the not received with a request for § 96.450 What happens if the Coast Guard following certificates: authorization from a foreign disapproves an organization's request to be authorized? (1) Safety Management Certificate; classification society, the request for (2) Document of Compliance authorization will be disapproved and (a) The Coast Guard will write to the certificate; returned by the Coast Guard. organization explaining why it did not (3) Interim Safety Management (c) Upon the satisfactory completion meet the criteria for authorization. Certificate; and of the Coast Guard’s evaluation of a (b) The organization may then correct (4) Interim Document of Compliance request for authorization, the the deficiencies and reapply. certificate. organization will be visited for an (b) [Reserved] § 96.460 How will I know what the Coast evaluation as described in § 96.440(b) of Guard requires of my organization if my § 96.430 How does an organization submit this part. organization receives authorization? a request to be authorized? § 96.440 How will the Coast Guard decide (a) Your organization will enter into a (a) A recognized organization must whether to approve an organization's written agreement with the Coast Guard. send a written request for authorization request to be authorized? This written agreement will specify— to the Commandant (G–MSE), Office of (1) How long the authorization is Design and Engineering Standards, 2100 (a) First, the Coast Guard will evaluate valid; Second Street SW, Washington, DC the organization’s request for (2) Which duties and responsibilities 20593–0001. The request must include authorization and supporting written the organization may perform, and the following: materials, looking for evidence of the which certificates it may issue on behalf (1) A statement describing what type following— of the U.S.; of authorization the organization seeks; (1) The organization’s clear (3) Reports and information the (2) Documents showing that— assignment of management duties; organization must send to the (i) The organization has an internal (2) Ethical standards for managers and Commandant (G–MOC); quality system with written policies, auditors; (4) Actions the organization must take procedures and processes that meet the (3) Procedures for auditor training, to renew the agreement when it expires; requirements in § 96.440 of this part for qualification, certification, and and safety management auditing and requalification that are consistent with (5) Actions the organization must take certification; or recognized industry standards; if the Coast Guard should revoke its (ii) The organization has an internal (4) Procedures for auditing safety authorization or recognition under 46 quality system based on ANSI/ASQC management systems that are consistent CFR part 8. 67514 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

(b) [Reserved] (b) If you are not satisfied with the E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., organization’s decision, you may appeal p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 § 96.470 How does the Coast Guard directly to the Commandant (G–MOC). Comp., p. 351; 49 CFR 1.46. Section 31.10– terminate an organization's authorization? 21 also issued under the authority of Sect. You must make your appeal in writing, 4109, Pub. L. 101–380, 104 Stat. 515. At least every 12 months, the Coast including any documentation and Guard evaluates organizations evidence you wish to be considered. 5. Add § 31.40–30 to read as follows: authorized under this subpart. If an You may ask the Commandant (G–MOC) organization fails to maintain acceptable § 31.40±30 Safety Management to stay the effect of the appealed CertificateÐT/ALL. standards, the Coast Guard may decision while it is under review. All tankships to which 33 CFR part 96 terminate that organization’s (c) The Commandant (G–MOC) will authorization, remove the organization applies on an international voyage must make a decision on your appeal and have a valid Safety Management from the Commandant’s list of send you a response in writing. That recognized organizations, and further Certificate and a copy of their decision will be the final Coast Guard company’s valid Document of evaluate the organization’s recognition action on your request. under 46 CFR part 8. Compliance certificate on board. TITLE 46ÐSHIPPING 6. In § 31.40–40, revise paragraph (b) § 96.480 What is the status of a certificate to read as follows: if the issuing organization has its authority PART 2ÐVESSEL INSPECTIONS terminated? § 31.40±40 Duration of Convention 2. Revise the authority citation for certificatesÐT/ALL. Any certificate issued by an part 2 to read as follows: organization authorized by the Coast * * * * * Guard whose authorization is later Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; (b) A Cargo Ship Safety Construction terminated remains valid until— 46 U.S.C. 3103, 3205, 3306, 3703; E.O. 12234, Certificate and a Safety Management (a) Its original expiration date, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 Certificate shall be issued for a period (b) The date of the next periodic audit CFR 1.46; Subpart 2.45 also issued under the of not more than 60 months. authority of Act Dec. 27, 1950, Ch. 1155, * * * * * required to maintain the certificate’s secs. 1, 2, 64 Stat 1120 (see 46 U.S.C. App. validity, or note prec.1). (c) Whichever of paragraphs (a) or (b) PART 71ÐINSPECTION AND occurs first. 3. In § 2.01–25, add paragraph CERTIFICATION (a)(1)(ix) and revise paragraph (a)(2) to 7. Revise the authority citation for § 96.490 What further obligations exist for read as follows: an organization if the Coast Guard part 71 to read as follows: terminates its authorization? § 2.01±25 International Convention for Authority: 33 U.S.C. 1321(j); 46 U.S.C. The written agreement by which an Safety of Life at Sea, 1974. 2113, 3205, 3306; E.O. 12234, 45 FR 58801; organization receives authorization from (a) * * * 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 the Coast Guard places it under certain (1) * * * FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. obligations if the Coast Guard revokes (ix) Safety Management Certificate. that authorization. The organization (2) The U.S. Coast Guard will issue 8. Add § 71.75–13 to read as follows: through the Officer In Charge, Marine agrees to send written notice of its § 71.75±13 Safety Management Certificate. termination to all responsible persons, Inspection, the following certificates All vessels to which 33 CFR part 96 companies and vessels that have after performing an inspection or safety applies on an international voyage must received certificates from the management audit of the vessel’s have a valid Safety Management organization. In that notice, the systems and determining the vessel Certificate and a copy of their organization must include— meets the applicable requirements: company’s valid Document of (a) A written statement explaining (i) Passenger Ship Safety Certificate. Compliance certificate on board. why the organization’s authorization (ii) Cargo Ship Safety Construction Certificate, except when issued to cargo 9. In § 71.75–20, revise paragraph (a) was terminated by the Coast Guard; to read as follows: (b) An explanation of the status of ships by a Coast Guard recognized issued certificates; classification society at the option of the § 71.75±20 Duration of certificates. (c) A current list of organizations owner or agent. (a) The certificates are issued for a authorized by the Coast Guard to (iii) Cargo Ships Safety Equipment period of not more than 12 months, with conduct safety management audits; and Certificate. exception to a Safety Management (d) A statement of what the (iv) Exemption Certificate. Certificate which is issued for a period companies and vessels must do to have (v) Nuclear Passenger Ship Safety of not more than 60 months. Certificate. their safety management systems * * * * * transferred to another organization (vi) Nuclear Cargo Ship Safety authorized to act on behalf of the U.S. Certificate. PART 91ÐINSPECTION AND (vii) Safety Management Certificate, CERTIFICATION § 96.495 How can I appeal a decision made except when issued by a recognized by an authorized organization? organization authorized by the Coast 10. Revise the authority citation for (a) A responsible person may appeal Guard. part 91 to read as follows: a decision made by an authorized * * * * * Authority: 33 U.S.C. 1321(j); 46 U.S.C. organization by mailing or delivering to 3205, 3306; E.O. 12234; 45 FR 58801; 3 CFR, the organization a written request for PART 31ÐINSPECTION AND 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, reconsideration. Within 30 days of CERTIFICATION 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. receiving your request, the authorized 11. Add § 91.60–30 to read as follows: organization must rule on it and send 4. Revise the authority citation for you a written response. They must also part 31 to read as follows: § 91.60±30 Safety Management Certificate. send a copy of their response to the Authority: 33 U.S.C. 1321(j); 46 U.S.C. All vessels to which 33 CFR part 96 Commandant (G–MOC). 2103, 3205, 3306, 3703; 49 U.S.C. 5103, 5106; applies on an international voyage must Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67515 have a valid Safety Management Authority: 46 U.S.C. 3205, 3306; 33 U.S.C. (b) All such vessels must meet the Certificate and a copy of their 1321(j); E.O. 11735, 38 FR 21243, 3 CFR, applicable requirements of 33 CFR part company’s valid Document of 1971–1975 Comp., p. 793; 49 CFR 1.46. 96. Compliance certificate on board. 18. Add § 126.480 to read as follows: (c) A Safety Management Certificate is 12. In § 91.60–40, revise paragraph (b) issued for a period of not more than 60 to read as follows: § 126.480 Safety Management Certificate. months. 23. Revise § 176.930 to read as § 91.60±40 Duration of certificates. (a) All offshore supply vessels of 500 gross tons or over to which 33 CFR part follows: * * * * * 96 applies, on an international voyage § 176.930 Equivalents. (b) A Cargo Ship Safety Construction must have a valid Safety Management Certificate and a Safety Management Certificate and a copy of their As outlined in Chapter I (General Certificate are issued for a period of not company’s valid Document of Provisions) Regulation 5, of SOLAS, the more than 60 months. Compliance certificate on board. Commandant may accept an equivalent to a particular fitting, material, * * * * * (b) A Safety Management Certificate is apparatus, or any particular provision issued for a period of not more than 60 PART 107ÐINSPECTION AND required by SOLAS regulations if months. CERTIFICATION satisfied that such equivalent is at least as effective as that required by the 13. Revise the authority citation for PART 175ÐGENERAL PROVISIONS regulations. An owner or managing part 107 to read as follows: 19. Revise the authority citation for operator of a vessel may submit a Authority: 43 U.S.C. 1333; 46 U.S.C. 3205, part 175 to read as follows: request for the acceptance of an 3306, 5115; 49 CFR 1.45, 1.46; § 107.05 also equivalent following the procedures in issued under the authority of 44 U.S.C. 3507. Authority: 46 U.S.C. 2103, 3205, 3306, 3703; 49 U.S.C. App. 1804; 49 CFR 1.45, 1.46; § 175.540 of this chapter. The 14. Add § 107.415 to read as follows: 175.900 also issued under authority of 44 Commandant will indicate the U.S.C. 3507. acceptance of an equivalent on the § 107.415 Safety Management Certificate. vessel’s SOLAS Passenger Ship Safety (a) All self-propelled mobile offshore 20. In § 175.540, add paragraph (d) to Certificate or Safety Management drilling units of 500 gross tons or over read as follows: Certificate, as appropriate. to which 33 CFR part 96 applies, on an § 175.540 Equivalents. international voyage must have a valid PART 189ÐINSPECTION AND Safety Management Certificate and a * * * * * CERTIFICATION copy of their company’s valid Document (d) The Commandant may accept of Compliance certificate on board. alternative compliance arrangements in 24. Revise the authority citation for (b) A Safety Management Certificate is lieu of specific provisions of the part 189 to read as follows: issued for a period of not more than 60 International Safety Management (ISM) Authority: 33 U.S.C. 1321(j); 46 U.S.C. months. Code (IMO Resolution A.741(18)) for the 2113, 3205, 3306; E.O. 12234, 45 FR 58801, purpose of determining that an 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 PART 115ÐINSPECTION AND equivalent safety management system is FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR CERTIFICATION in place on board a vessel. The 1.46. Commandant will consider the size and 15. Revise the authority citation for 25. Add § 189.60–30 to read as corporate structure of a vessel’s follows: part 115 to read as follows: company when determining the Authority: 33 U.S.C. 1321(j); 46 U.S.C. acceptability of an equivalent system. § 189.60±30 Safety Management 2103, 3205, 3306; 49 U.S.C. App. 1804; E.O. Requests for determination of Certificate. 11735, 38 FR 21243, 3 CFR, 1971–1975 equivalency must be submitted to All vessels to which 33 CFR part 96 Comp., p. 743; E.O. 12234, 45 FR 58801, 3 Commandant (G–MOC) via the applies on an international voyage must CFR, 1980 Comp., p. 277; 49 CFR 1.46. cognizant OCMI. have a valid Safety Management 16. Add § 115.925 to read as follows: Certificate and a copy of their PART 176ÐINSPECTION AND company’s valid Document of § 115.925 Safety Management Certificate. CERTIFICATION Compliance certificate on board. (a) All vessels that carry more than 12 26. In § 189.60–40, revise paragraph passengers on an international voyage 21. Revise the authority citation for (b) to read as follows: must have a valid Safety Management part 176 to read as follows: § 189.60±40 Duration of certificates. Certificate and a copy of their Authority: 33 U.S.C. 1321(j); 46 U.S.C. company’s valid Document of 2103, 3205, 3306; 49 U.S.C. App. 1804; E.O. * * * * * Compliance certificate on board. 11735, 38 FR 21243, 3 CFR, 1971–1975 (b) A Cargo Ship Safety Construction (b) All such vessels must meet the Comp., p. 793; E.O. 12234, 45 FR 58801, 3 Certificate and a Safety Management applicable requirements of 33 CFR part CFR, 1980 Comp., p. 277; 49 CFR 1.46. Certificate are issued for a period of not 96. 22. Add § 176.925 to read as follows: more than 60 months. (c) A Safety Management Certificate is * * * * * issued for a period of not more than 60 § 176.925 Safety Management Certificate. Dated: December 16, 1997. months. (a) All vessels that carry more than 12 R.C. North, PART 126ÐINSPECTION AND passengers on an international voyage Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety and CERTIFICATION must have a valid Safety Management Certificate and a copy of their Environmental Protection. 17. Revise the authority citation for company’s valid Document of [FR Doc. 97–33528 Filed 12–19–97; 3:32 pm] part 126 to read as follows: Compliance certificate on board. BILLING CODE 4910±14±M federal register December 24,1997 Wednesday New SystemofRecords;Notice Privacy Actof1974;Establishmenta (Privacy Act);FinalRule Records MaintainedonIndividuals 10 CFRPart1008 Energy Department of Part VI 67517 67518 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: January 29, 1997 (62 FR 4404). No I. Background comments were received. 10 CFR Part 1008 II. Procedural Requirements II. Procedural Requirements RIN 1901±AA62 A. Regulatory Review A. Regulatory Review B. Review Under Executive Order 12988 C. Review Under the Regulatory Flexibility Today’s regulatory action has been Records Maintained on Individuals determined not to be a ‘‘significant (Privacy Act) Act D. Review Under the Paperwork Reduction regulatory action’’ under Executive Act Order 12866, ‘‘Regulatory Planning and AGENCY: Department of Energy. E. Review Under Executive Order 12612 Review,’’ (58 FR 51735, October 4, ACTION: Final rule. F. Review Under the National Environmental 1993). Accordingly, today’ s action was Policy Act not subject to review under the SUMMARY: The Department of Energy G. Review Under Small Business Regulatory Executive Order by the Office of (DOE) amends its Privacy Act Enforcement Fairness Act of 1996 Information and Regulatory Affairs. regulations by adding a system of I. Background B. Review Under Executive Order 12988 records to the list of systems exempted from certain subsections of the Act. The Privacy Act of 1974, as amended, With respect to the review of existing Exemption from certain subsections is at 5 U.S.C. 552a (k) provides that the regulations and the promulgation of needed to enable the Office of Inspector head of an agency may exempt an new regulations, section 3(a) of General (OIG) to perform its duties and agency system of records from certain Executive Order 12988, ‘‘Civil Justice responsibilities. The system of records provisions of the Act. Accordingly, this Reform,’’ 61 FR 4729 (February 7, 1996), is entitled ‘‘Allegation-Based system of records is added to the list of imposes on Executive agencies the Inspections Files of the Office of systems exempted by the Department of general duty to adhere to the following Inspector General,’’ and allows the Energy from certain subsections of the requirements: (1) Eliminate drafting Office of Inspector General to perform Act. errors and ambiguity; (2) write its functions mandated by statute, The purpose of this rule is to amend regulations to minimize litigation; and regulation or executive order. This the DOE’s Privacy Act regulations to (3) provide a clear legal standard for system will maintain documents enable the Office of Inspector General to affected conduct rather than a general collected in the process of conducting carry out its duties and responsibilities standard and promote simplification inspections. An Office of Inspector as mandated by the Inspector General and burden reduction. With regard to General inspection is an examination of Act. The Inspector General is mandated the review required by section 3(a), DOE or DOE contractor organizations, to promote economy, effectiveness, and section 3(b) of Executive Order 12988 programs, projects, functions, or efficiency within the agency and to specifically requires that Executive activities. This system of records covers prevent and detect fraud, waste and agencies make every reasonable effort to only the files of inspections predicated abuse in agency programs and ensure that the regulation: (1) Clearly on allegations or complaints and which operations. specifies the preemptive effect, if any; identify subjects or sources of The Office of Inspections in the Office (2) clearly specifies any effect on information by name. Inspections of Inspector General compiles various existing Federal law or regulation; (3) performed relate to sensitive allegations files that are collected and maintained provides a clear legal standard for of wrongdoing received concerning to assist in the performance of the affected conduct while promoting certain individuals, including agency functions of the Office of Inspector simplification and burden reduction; (4) and DOE contractor employees, or other General. The Office of Inspections specifies the retroactive effect, if any; (5) persons or entities with some performs various inspections and adequately defines key terms; and (6) relationship to the agency. Allegations analyses as required by the Office of addresses other important issues include, but are not limited to, abuse of Inspector General. An inspection by the affecting clarity and general authority; misuse of government time, Office of Inspector General is an draftsmanship under any guidelines property, or position; conflicts of examination of a DOE or DOE contractor issued by the Attorney General. Section interest; whistleblower reprisal; or other organization, program, project, function, 3(c) of Executive Order 12988 requires non-criminal violations of law, rules, or or activity. This system of records Executive agencies to review regulations regulations. covers only the files of inspections in light of applicable standards in predicated on allegations or complaints section 3(a) and section 3(b) to EFFECTIVE DATE: January 23, 1998. and which identify subjects or sources determine whether they are met or it is FOR FURTHER INFORMATION CONTACT: of information by name. Inspections unreasonable to meet one or more of Jacqueline M. Becker, Office of performed relate to sensitive allegations them. DOE has completed the required Inspector General, U.S. Department of of wrongdoing received concerning review and determined that, to the Energy, IG–1, 1000 Independence certain individuals, including agency extent permitted by law, this regulation Avenue, S.W., Washington, D.C. 20585, employees, or other persons or entities meets the relevant standards of (202) 586–4393; or GayLa D. Sessoms, with some relationship to the agency Executive Order 12988. Director, Freedom of Information Act and DOE contractors. Allegations and Privacy Act Division, U.S. include, but are not limited to, abuse of C. Review Under the Regulatory Department of Energy, HR–73, 1000 authority; misuse of government time, Flexibility Act Independence Avenue, S.W., property, or position; conflicts of This rule was reviewed under the Washington, D.C. 20585, (202) 586– interest; whistleblower reprisal; or other Regulatory Flexibility Act of 1980, Pub. 5955; or Abel Lopez, Office of General non-criminal violations of law, rules, or L. 96–354. The Regulatory Flexibility Counsel, U.S. Department of Energy, regulations. Act requires the preparation of a GC–80, 1000 Independence Avenue, A notice of proposed rulemaking and regulatory flexibility analysis for any S.W., Washington, D.C. 20585, (202) corresponding system notice were proposed rule which is likely to have a 586–8618. published in the Federal Register on significant economic impact on a Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67519 substantial number of small entities. F. Review Under the National List of Subjects in 10 CFR Part 1008 The Department of Energy certified that Environmental Policy Act Privacy. the rule will not have a significant This rulemaking amends the economic impact on a substantial Issued in Washington, D.C. on November Department’s regulations that 25, 1997. number of small entities. The implement the Privacy Act at 10 CFR Archer L. Durham, Department did not receive any part 1008, ‘‘Records Maintained on comments on the certification. Assistant Secretary for Human Resources and Individuals (Privacy Act),’’ by adding a Administration. new system of records to the list of D. Review Under the Paperwork systems exempted from certain For the reasons set forth in the Reduction Act subsections of the Privacy Act. Under preamble, 10 CFR part 1008 is amended as set forth below: No new information collection or the new system of records, the record keeping requirements are Department would maintain documents PART 1008ÐRECORDS MAINTAINED imposed by this rule. As a result, no collected in inspections conducted by ON INDIVIDUALS (PRIVACY ACT) OMB clearance is required under the the Office of Inspector General. Paperwork Reduction Act of 1980 (44 Implementation of this rule would only 1. The authority citation continues to U.S.C. 3501 et seq.). affect the manner in which certain files read as follows: are maintained and made accessible to Authority: 42 U.S.C. 7101, et seq., E. Review Under Executive Order 12612 the public, and would not result in Executive Order 12091, (42 FR 46267), 5 environmental impacts. The Department U.S.C. 552a. Executive Order 12612, entitled has therefore determined that this rule ‘‘Federalism,’’ 52 FR 41685 (October 30, is covered under the Categorical 2. Section 1008.12 is amended by 1987), requires that regulations, rules, Exclusion found at paragraph A.5 of adding paragraphs (b)(2)(ii)(M) and legislation, and any other policy actions Appendix A to Subpart D, 10 CFR part (b)(3)(ii)(O) to read as follows: be reviewed for any substantial direct 1021, which applies to the amendment § 1008.12 Exemptions. effects on States, on the relationship or interpretation of existing regulation * * * * * between the Federal Government and that does not change the environmental (b) * * * the States, or in the distribution of effect of the rule being amended. (2) * * * power and responsibilities among Accordingly, neither an environmental (ii) * * * various levels of Government. If there assessment nor an environmental (M) Allegation-Based Inspections are sufficient substantial direct effects, impact statement is required. Files of the Office of Inspector General then the Executive Order requires G. Review Under Small Business (DOE–83). preparation of a federalism assessment Regulatory Enforcement Fairness Act of (3) * * * to be used in all decisions involved in 1996 (ii) * * * promulgating and implementing a new As required by 5 U.S.C. 801, DOE will (O) Allegation-Based Inspections Files policy action. This rule will not affect report to Congress on the promulgation of the Office of Inspector General (DOE– States, or the relationship between the of the rule prior to its effective date. The 83). Federal Government and the States, in report will state that it has been * * * * * any direct way. determined that the rule is not a ‘‘major [FR Doc. 97–33600 Filed 12–23–97; 8:45 am] rule’’ as defined by 5 U.S.C. 804(3). BILLING CODE 6450±01±P 67520 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: The DOE avoid endangering sources or Office of published for public comment in the Inspections personnel. Privacy Act of 1974; Establishment of Federal Register on January 29, 1997, The information that is exempt a New System of Records (62 FR 4409) a proposed system of includes, but is not limited to, records entitled ‘‘Allegation-Based information that identifies program AGENCY: Department of Energy. Inspections Files of the Office of operating procedures, program ACTION: Final notice; establishment of a Inspector General.’’ No comments were operation violations, program new system of records. received concerning the proposed management violations, and alleged SUMMARY: The Department of Energy system. This system of records covers violators. This information consists of (DOE) published in the Federal Register only files of inspections based on identifying data and information about on January 29, 1997, (62 FR 4408) a allegations and complaints and which fraud, waste, or mismanagement. Other proposed system of records identified as identify subjects or sources of exempt data include documentation, DOE–83, and entitled ‘‘Allegation-Based information by name. The system of information from informants, Inspections Files of the Office of records is necessary to perform the complainants, contractor personnel, Inspector General.’’ The Office of functions of the Office of Inspector reports by inspectors, and information Inspector General’s Office of Inspections General. Exemptions to certain that can identify an individual. compiles various files that are collected provisions of the Privacy Act also are When a Privacy Act request for and maintained to assist in the necessary and are published herein. exempt records concerning an performance of the functions of the Allegation-Based Inspections Files are individual is received from that Office of Inspector General. The Office maintained to document information individual, that request will be of Inspections performs various concerning allegations or complaints processed under the Freedom of inspections and analyses as required by about DOE or DOE contractor programs Information Act. This will provide the the Office of Inspector General. An or operations. The files may contain maximum disclosure of responsive Office of Inspector General inspection is information about civil or records to the individual. This system is established pursuant to an examination of a DOE or DOE administrative wrongdoing, or about the Inspector General Act of 1978, as contractor organization, program, fraud, waste, or mismanagement, or amended, 5 U.S.C. App. 3. The statute project, function, or activity. other violations of law or regulation. This system of records covers only the This information could be the basis for mandates that the Inspector General files of inspections based on allegations administrative corrective action or provide leadership and coordination, or complaints and which identify referrals to appropriate authorities for and recommend policies for activities subjects or sources of information by civil or criminal investigation or designed to promote economy, name. Inspections performed relate to prosecution. effectiveness, and efficiency in the sensitive allegations of wrongdoing The Allegation-Based Inspections administration of DOE programs or received concerning certain individuals, Files contain information that if operations. The Inspector General is including agency or DOE contractor disclosed would substantially also mandated to conduct activities employees, or other persons or entities compromise the effectiveness of Office relating to the prevention or detection of of Inspector General inspections and with some relationship to the agency. fraud or abuse in these programs or inquiries. These files contain Allegations include, but are not limited operations. information about informants, The maintenance of this system could to, abuse of authority; misuse of complainants, contractor personnel, have a substantial effect on the privacy government time, property, or position; sources of information, witnesses, and and other rights of individuals. conflicts of interest; whistleblower inspections personnel. These files also However, the Department has adopted reprisal; or other non-criminal contain the names of persons or measures to ensure that maintaining this violations of law, rules, or regulations. agencies who have received certain information will not compromise the The system of records contains but is information contained in these files. privacy and other rights of the affected not limited to, work papers; summaries Information in this system of records individuals. The information will be of work papers; memoranda of is maintained pursuant to certain collected only for the stated purpose, interviews; interview notes; memoranda functions of the Inspector General (IG). access to the information will be to the file; memoranda for the record; Those functions require that the Office restricted, and the information will be information provided by complainants, of Inspections conduct inspections and maintained in a secured manner. contractors, and other interested parties; analyses of Departmental operations and The text of the system notice is set and related documentation. programs. Exemptions from certain forth below. FOR FURTHER INFORMATION CONTACT: provisions of the Privacy Act are needed Issued in Washington, D.C. on 1997. Jacqueline M. Becker, Office of to accomplish the inspection function of Archer L. Durham, Inspector General, U.S. Department of the Office of Inspector General, to Energy, IG–1, 1000 Independence maintain the integrity and Assistant Secretary for Human Resources and Administration. Avenue, S.W., Washington, D.C. 20585, confidentiality of personal information, (202) 586–4393; or GayLa D. Sessoms, and to prevent disclosure of sensitive or DOE±83 Director, Freedom of Information Act classified information. These and Privacy Act Division, U.S. exemptions are also needed to prevent SYSTEM NAME: Department of Energy, HR–73, 1000 subjects of inspections or inquiries from Allegation-Based Inspections Files of Independence Avenue, S.W., frustrating the inspection or inquiry the Office of Inspector General. Washington, D.C. 20585, (202) 586– process and to prevent the disclosure of SECURITY CLASSIFICATION: 5955; or Abel Lopez, Office of General inspection or inquiry techniques. Generally unclassified. Some records Counsel, U.S. Department of Energy, Finally, these exemptions enable the may contain classified material. GC–80, 1000 Independence Avenue, Inspector General to fulfill S.W., Washington, D.C. 20585, (202) commitments to protect the SYSTEM LOCATION: 586–8618. confidentiality of sources, to maintain Official Allegation-Based Inspections EFFECTIVE DATE: December 24, 1997. access to sources of information, and to Files are located at: Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67521

U.S. Department of Energy, Office of protected under 10 CFR part 708 and 41 issuance of a security clearance, the Inspector General, Headquarters, 1000 U.S.C. § 265. reporting of an investigation of an Independence Avenue, S.W., employee, the letting of a contract, or Washington, D.C. 20585. ROUTINE USES OF RECORDS MAINTAINED IN THE the issuance of a license, grant, or other SYSTEM, INCLUDING CATEGORIES OF USERS AND U.S. Department of Energy, Office of PURPOSES OF SUCH USES: benefit, to the extent that the Inspector General, P.O. Box 5400, Pursuant to the Inspector General Act information is relevant and necessary to Albuquerque, New Mexico 87115. of 1978, as amended, 5 U.S.C. App. 3, the requesting agency’s decision on the U.S. Department of Energy, Office of information contained in the files of the matter and the Department deems the Inspector General, P.O. Box 2254, Office of Inspector General, Office of disclosure to be compatible with the Livermore, California 94551. Inspections is collected and maintained purpose for which the Department U.S. Department of Energy, Office of in carrying out the duties and collected the information. Inspector General, P.O. Box 62, Room responsibilities of the Inspector General 4. For purposes of settlement of 502, Oak Ridge, Tennessee 37831. to evaluate the effectiveness and claims and the preparation and conduct U.S. Department of Energy, Office of efficiency of an operation, determine of litigation, a record in this system of Inspector General, Building 703–41A, compliance with laws and regulations, records may be disclosed to: (1) The Aiken, South Carolina 29802. evaluate Departmental program Department’s and its contractors’ counsel; (2) other counsel representing CATEGORIES OF INDIVIDUALS COVERED BY THE operations and results, prevent and SYSTEM: detect fraud and abuse in such programs the United States Government; (3) individuals or companies represented Individuals who are the subjects of and operations and, assure the investigation of complaints by by Department counsel or counsel to inspections or inquiries concerning other United States Government allegations or complaints, individuals contractor employees alleging retaliation for making disclosures agencies; (4) opposing counsel; (5) who have pertinent knowledge about persons possessing information the inspection or inquiry, individuals protected under 10 CFR part 708 and 41 U.S.C. 265. Material compiled is used pertaining to the claims or litigation to authorized to furnish information, the extent necessary to obtain relevant confidential informants, complainants, for prosecutive, civil, or administrative actions. information; and (6) claimants or other Office of Inspector General inspections parties to the claim or litigation. personnel, and other individuals 1. Pursuant to § 552a(b)(7), the involved in these inspections. Department will provide a record within 5. A record from this system of this system of records for law records may be disclosed in court or CATEGORIES OF RECORDS IN THE SYSTEM: enforcement purposes at the prior administrative proceedings to the Inspection files predicated on written request of the head (or designee tribunals, counsel, other parties, allegations or complaints and which of the head) of a Federal agency or witnesses, and the public (in publicly identify subjects or sources of instrumentality. In the event that a available pleadings, filings, or information by name. Inspections record within this system of records, discussion in open court) when performed relate to sensitive allegations alone or in conjunction with other individuals or entities listed below are of wrongdoing received concerning information, indicates a violation or parties to, or have an interest in, the certain individuals, including agency potential violation of law, regulation, litigation or proceedings and the employees, or other persons or entities policy, or procedure, whether civil, Department determines that such with some relationship to the agency. criminal, or regulatory in nature, and disclosure: (1) Is relevant to, and Allegations include, but are not limited whether arising by general statute or necessary for, the proceeding and (2) is to, abuse of authority; misuse of particular program pursuant thereto, the compatible with the purpose for which government time, property, or position; Department, at its initiative, may refer the Department collected the records: conflicts of interest; whistleblower relevant records in the system of records (a) The agency, or any component thereof; reprisal; or other non-criminal as a routine use to the appropriate (b) Any employee of the agency in his or violations of law, rules, or regulations. agency, whether Federal, State, local, or her official capacity; foreign, charged with the responsibility (c) Any employee of the agency in his or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: of investigating or prosecuting such her individual capacity where the United The Inspector General Act of 1978, as violation or charged with enforcing or States has agreed to represent the employee; amended, 5 U.S.C. App. 3. implementing the statute, rule, (d) The agency’s contractors and regulation, or order. contractors’ employees where the PURPOSE(S): 2. To disclose information to any Department has agreed, or is obligated by Pursuant to the Inspector General Act statute, to represent such persons; and source from which additional (e) The parties and their representatives in of 1978, as amended, 5 U.S.C. App. 3, information is requested, when a 10 CFR part 708 or 41 U.S.C. § 265 the records in this system are used by necessary to obtain information relevant proceeding. the Office of Inspector General in to an Office of Inspector General furtherance of the responsibilities of the inspection. The source will be provided 6. A record from this system of Inspector General. These such information from the system of records may be disclosed to foreign responsibilities include evaluating the records only to the extent necessary to governments or international effectiveness and efficiency of an identify the individual, inform the organizations, in accordance with operation, determining compliance with source of the purpose(s) of the request, treaties, international conventions, or laws and regulations, evaluating and to identify the type of information executive agreements. Departmental program operations and requested. 7. A record from this system of results, preventing and detecting fraud 3. A record from this system of records may be disclosed as a routine and abuse in such programs and records may be disclosed to a Federal use to the Office of Management and operations, and assuring the agency, in response to its written Budget (OMB) in connection with the investigation of complaints by request, to facilitate the requesting review of private relief legislation as set contractor employees alleging agency’s decision concerning the hiring forth in OMB Circular No. A–19 at any retaliation for making disclosures or retention of an employee, the stage of the legislative coordination and 67522 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices clearance process as set forth in that destroyed by shredding, burning, or disclosure of the record and the name Circular. burial in a sanitary landfill, as and address of the recipient. The 8. A record from this system of appropriate. Automated files are Department of Energy has programs records may be disclosed to Department handled and maintained according to involving classified material which may contractors in performance of their approved security processes. be the subject of Office of Inspections contracts, and their officers and review. The application of this employees who have a need for the SYSTEM MANAGER AND ADDRESS: accounting provision to reviews record in the performance of their duties Deputy Inspector General for involving properly classified material subject to the same limitations Inspections, U.S. Department of Energy, could reveal classified material. If this applicable to Department officers and Room 5B–250, 1000 Independence information about classified material employees under the Privacy Act. Avenue, S.W., Washington, D.C. 20585. were disclosed, national security might 9. A record from this system of NOTIFICATION PROCEDURES: be compromised. records may be disclosed to a member An example of an issue involving The Department of Energy has classified material which can affect of Congress submitting a request exempted the system from this involving an individual when the national security would be a review of requirement. See the Exemption section the Department’s maintenance or individual has requested assistance of this notice. from the member with respect to the transportation of special nuclear subject matter of the record, and the RECORD ACCESS PROCEDURES: material. Such information could be member of Congress provides a copy of Same as Notification Procedures utilized by terrorist groups. Another the individual’s request or another above. example would be Departmental work written statement clearly delineating the with intelligence information obtained scope of the individual’s request for CONTESTING RECORD PROCEDURES: from other Federal agencies. assistance. Same as Notification Procedures (2) 5 U.S.C. 552a(d), (e)(4) (G) and (H), 10. A record from this system of above. and (f) relate to the following: an records which contains medical and/or individual’s right to be notified of the RECORD SOURCE CATEGORIES: psychological information may be existence of records pertaining to such disclosed to the physician or mental Subject individuals; individuals and individual; requirements for identifying health professional of any individual organizations that have pertinent an individual who requests access to or submitting a request for access to the knowledge about a subject individual or amendment of records; and agency record under the Privacy Act of 1974 corporate entity; those authorized by an procedures relating to access to and and the Department’s Privacy Act individual to furnish information; amendment of records and the content regulations if, in its sole judgment and confidential informants; and Federal of information contained in such good faith, the Department believes that Bureau of Investigation (FBI) and other records. If these provisions were applied disclosure of the medical and/or Federal, state, and local entities. to classified material in the Allegation- psychological information directly to Based Inspections Files, this could (1) SYSTEM EXEMPTED FROM CERTAIN PROVISIONS interfere with inspections or inquiries the individual who is the subject of the OF THE ACT: undertaken in connection with national record could have an adverse effect Under 5 U.S.C. 552a(k) (1) and (2) of upon that individual, in accordance security; (2) disclose the identity of the Privacy Act, this system is exempt sources kept secret to protect national with the provisions of 5 U.S.C. from the following subsections: security and/or reveal classified 552a(f)(3) and applicable Department 5 U.S.C. 552a(c)(3) information kept secret to protect regulations. 5 U.S.C. 552a(d) national security information supplied POLICIES AND PRACTICES FOR STORING, 5 U.S.C. 552a(e)(1) by these sources; or (3) generally violate RETRIEVING, ACCESSING, RETAINING, AND 5 U.S.C. 552a(e)(4) (G) and (H) the secrecy of the classification. DISPOSING OF RECORDS IN THE SYSTEM: 5 U.S.C. 552a(f) Executive Order 12863 provides the Exemption (k)(1) provides that the STORAGE: Inspector General with oversight head of an agency may exempt an responsibilities pertaining to Paper, micrographic, and/or agency system of records from certain intelligence activities which are electronic media. provisions of the Privacy Act if the potentially unlawful or contrary to RETRIEVABILITY: system of records is subject to Section Presidential directive. When reviewing By name of individual involved, case 552(b)(1) of the Freedom of Information these issues, the Office of Inspections number, report title, or subject matter. Act, 5 U.S.C. 552. That section of the may compile information pertaining to Freedom of Information Act protects foreign energy matters. Disclosure of SAFEGUARDS: from disclosure properly classified such information could identify Allegation-Based Inspections Files are national security information. sensitive sources and methods used by maintained within locked containers or The system of records will exempt the national intelligence community. areas. Classified information is properly classified national security The Office of Inspections may compile maintained in locked General Services information in the Office of Inspector information regarding classified Administration approved class 6 General’s Allegation-Based Inspections technology being developed by the security containers. Data maintained on Files. The detailed reasons for Department or other agencies. personal computers can be accessed exemptions under 5 U.S.C. 552a(k)(1) Disclosure of this information could only by authorized staff using follow: identify sensitive Departmental projects established procedures. (1) 5 U.S.C. 552a(c)(3) requires that, or operations that could be targets for upon request, an agency must give an foreign intelligence service collection RETENTION AND DISPOSAL: individual named in a record an operations. Records retention and disposal accounting which reflects the disclosure (3) 5 U.S.C. 552a(e)(1) requires each authorities are contained in DOE Order of the record to other persons or agency to maintain in its records only 200.1., ‘‘Information Management agencies. This accounting must state the such information about an individual Program.’’ Records within DOE are date, nature, and purpose of each that is relevant and necessary to Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67523 accomplish a purpose of the agency could result in the altering or such information about an individual required by statute or Executive Order. destruction of documentary evidence, that is relevant and necessary to The Office of Inspector General does not improper influencing of witnesses, and accomplish a purpose of the agency create the material it collects and has no other activities that could impede or required by statute or Executive Order. control over the content of that material. compromise the inspection or inquiry. An exemption from the foregoing is There are additional reasons why (2) 5 U.S.C. 552a(d), (e)(4)(G) and (H), needed because: application of this provision could and (f) relate to the following: an impair inspections and interfere with individual’s right to be notified of the a. It is not always possible to detect the statutory responsibilities of the existence of records pertaining to such the relevance or necessity of specific Office of Inspector General. It is not individual; requirements for identifying information in the early stages of an always possible to detect the relevance an individual who requests access to or inspection involving a complaint or or necessity of specific information in amendment of records; and agency allegation. the early stages of an inspection or procedures relating to access to and b. Relevance and necessity are inquiry. This applies when an amendment of records and the content questions of judgment and timing. What inspection or inquiry uses properly of information contained in such appears relevant and necessary when classified information. Relevance and records. This system is exempt from the collected may ultimately be determined necessity are questions of judgment and foregoing provisions for the following to be unnecessary. It is only after the timing, and it is only after the reasons: to notify an individual, at the information is evaluated or the information is evaluated that the individual’s request, of the existence of inspection is closed that the relevancy relevancy and necessity of such records in an inspection file pertaining and necessity of such information can information can be established. to a complaint or allegation about the be established. Furthermore, information outside the individual or to grant access to this type scope of the Office of Inspector of inspection file could (1) interfere c. In any inspection involving a General’s jurisdiction may be helpful in with inspections or proceedings complaint or allegation, the Inspector establishing patterns of activities or predicated on a complaint or allegation, General may obtain information problems or in developing information (2) constitute an unwarranted invasion concerning the violation of laws other that should be referred to other entities. of the personal privacy of others, (3) than those within the scope of his Such information cannot always readily disclose the identity of confidential jurisdiction. In the interest of effective be segregated. sources and reveal confidential law enforcement, the Inspector General The detailed reasons for the information supplied by those sources, should be able to retain this information exemptions under 5 U.S.C. 552a(k)(2) or (4) disclose inspection techniques as it may aid in establishing patterns of follow: (1) 5 U.S.C. 552a(c)(3) requires and procedures. program violations or criminal activity that, upon request, an agency must give In addition, this system is exempt and provide leads for those law an individual named in a record an from paragraph (d)(2) of this section. To enforcement agencies charged with accounting which reflects the disclosure require the Office of the Inspector enforcing other segments of criminal or of the record to other persons or General to amend information thought civil law. agencies. This accounting must state the to be incorrect, irrelevant, or untimely, d. In conducting an inspection or date, nature, and purpose of each because of the nature of the information inquiry involving a complaint or disclosure of the records and the name collected and the essential length of allegation, information obtained may and address of the recipient. To apply time it is maintained, would create an relate to the main purpose of the this provision would alert those who impossible administrative and inspection or inquiry as well as to may be the subjects of an inspection or investigative burden by forcing the matters under the jurisdiction of another inquiry pertaining to an allegation or agency to continuously retrograde its agency. Such information is not readily complaint to the existence of the inspections attempting to resolve segregable. inspection or inquiry or that they are the questions of accuracy. subjects of such an inspection or (3) 5 U.S.C. 552a(e)(1) requires each [FR Doc. 97–33601 Filed 12–23–97; 8:45 am] inquiry. Release of this information agency to maintain in its records only BILLING CODE 6450±01±P federal register December 24,1997 Wednesday Supplement toRules;FinalRule Classification SocietyandU.S. Alternate ComplianceviaRecognized 46 CFRPart1,etal. 33 CFRPart151 Coast Guard Transportation Department of Part VII 67525 67526 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION 1), telephone (202) 267–2997, fax (202) on vessels using qualified marine 267–4816. surveyors. Many of the items examined Coast Guard by the classification society surveyors SUPPLEMENTARY INFORMATION: are the same as those examined by Coast 33 CFR Part 151 Regulatory History Guard marine inspectors in their On December 27, 1996, the Coast inspections for certification. 46 CFR Parts 1, 8, 31, 69, 71, 91, 107, Thus, there is duplication of effort 153, and 154 Guard published an interim rule entitled ‘‘Vessel Inspection Alternatives; between the Coast Guard and the ABS involving safety of vessels that results in [CGD 95±010] Classification Procedures’’ in the extra costs to U.S. vessel owners. In Federal Register (61 FR 68510). The RIN 2115±AF11 light of the authority in 46 U.S.C. 3316 Coast Guard received 17 letters to delegate vessel inspections and Alternate Compliance via Recognized commenting on the interim rule. No examinations to ABS, the Coast Guard, Classification Society and U.S. public hearing was requested, and none in order to address the concerns of the Supplement to Rules was held. vessel owners regarding these costs, AGENCY: Coast Guard, DOT. Background and Purpose examined the feasibility of an ACTION: Final rule. On October 4, 1994, the Coast Guard alternative to the current situation that published a notice of proposed would avoid the duplication of SUMMARY: The Coast Guard is issuing inspections between ABS and the Coast rulemaking (NPRM) entitled ‘‘Alternate regulations to provide owners of U.S. Guard. A joint Coast Guard/ABS task Inspection Compliance Programs for the tank vessels, passenger vessels, cargo force compared the Coast Guard U.S. Maritime Industry’’ in the Federal vessels, miscellaneous vessels and requirements in the Code of Federal Register (59 FR 50537). In the comments mobile offshore drilling units an Regulations (CFR) to the class submitted in response to this NPRM, alternative method to fulfill the requirements in ABS class rules, members of the U.S. maritime industry requirements for vessel design, SOLAS, and the International noted the continuing economic pressure inspection and certification. Under this Convention for the Prevention of on the U.S. oceangoing merchant fleet final rule, the Coast Guard can issue a Pollution from Ships, as amended, and commercial shipbuilding industry. certificate of inspection based upon (MARPOL 73/78) concerning the design, Additional comments were submitted reports by a recognized, authorized construction and safety systems for calling for reduction of the cost classification society that the vessel oceangoing merchant vessels. The disadvantage attributed to Coast Guard complies with the International purpose of this comparison was to inspection and certification of U.S. Convention for the Safety of Life at Sea identify redundancies between the merchant vessels in order to improve (SOLAS), 1974, as amended, the requirements and to determine if the the international competitiveness of the International Convention for the class and international requirements, U.S. merchant fleet. Prevention of Pollution from Ships, which U.S. vessels must currently In order to address these concerns, the 1973, as modified by the Protocol of comply with, could be used in place of Coast Guard sought a means to alleviate 1978 relating thereto (MARPOL 73/78), Coast Guard regulatory requirements. the cost burdens on the maritime other applicable international The standard used was whether industry that resulted from the Coast conventions, classification society rules compliance with the class and Guard inspection program. The Coast and other specified requirements. This international standards would achieve a Guard has had authority under 46 new procedure will reduce the burden level of safety equivalent to compliance U.S.C. § 3116 to rely on reports, on vessel owners and operators by with Coast Guard regulatory documents and certificates issued by the establishing an alternative to the current requirements. American Bureau of Shipping (ABS) in Coast Guard inspection system that The task force determined that many carrying out its responsibilities for results in plan reviews and inspections Coast Guard regulatory requirements safety of U.S. merchant vessels and to by the vessel’s classification society as could be satisfied by certification of delegate to ABS the inspection or well as by the Coast Guard. compliance with ABS classification examination of these vessels. The Coast rules, SOLAS, MARPOL 73/78, or DATES: This final rule is effective Guard had in fact delegated to ABS the combination of the three. This led to the January 23, 1998. Section 8.440 applied authority to issue certain certificates development of a U.S. Supplement to to existing vessels as of July 31, 1997. required by international conventions, the ABS classification rules. This The incorporation by reference of such as the International Convention for supplement addresses those areas where certain publications listed in the rule is the Safety of Life at Sea (SOLAS) Cargo current Coast Guard requirements are approved by the Director of the Federal Ship Safety Construction Certificate. not embodied by either ABS Register on January 23, 1998. Compliance with these standards is classification rules or international ADDRESSES: Documents as indicated in required for oceangoing vessels, i.e. conventions. this preamble are available for vessels trading in foreign countries. The Coast Guard concluded that the inspection or copying at the office of the Additionally, insurance companies design requirements and survey Executive Secretary, Marine Safety require that, before a vessel is insured, provisions of ABS classification rules, Council (G–LRA/3406), U.S. Coast it be classed. This means that a applicable international conventions Guard Headquarters, 2100 Second Street classification society must survey a and the U.S. Supplement to the ABS SW., room 3406, Washington, DC vessel for compliance with its class classification rules provide a level of 20593–0001, between 9:30 a.m. and 2 rules. Class rules are rules developed by safety equivalent to corresponding p.m., Monday through Friday, except the particular classification society to Federal regulations. Federal holidays. The telephone number cover the design, construction and As a result of this effort, the Alternate is 202–267–1477. maintenance of vessels. To ensure Compliance Program (ACP) was FOR FURTHER INFORMATION CONTACT: compliance with these class rules and developed to reduce redundant LCDR Daniel Pippenger, Marine Safety with international standards, inspection efforts without jeopardizing and Environmental Protection (G–MSE– classification societies perform surveys safety. The Coast Guard expects that, Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67527 under the ACP, vessel owners and classification society whose authority to Carriage of Liquefied Gases in Bulk’’ are operators will have reduced vessel participate in the ACP is terminated. If correctly titled the ‘‘International down time, greater flexibility in a classification society is no longer Certificate of Fitness for the Carriage of scheduling inspections, and greater eligible to participate in the ACP, the Dangerous Chemicals in Bulk’’ and the flexibility in meeting required certificates issued by that society would ‘‘International Certificate of Fitness for standards. remain valid subject to any termination the Carriage of Liquefied Gases in The Coast Guard conducted an ACP of authorization to issue those Bulk’’. pilot program, which was announced by certificates on behalf of the Coast Guard Participation of a vessel in the ACP is the Federal Register notice of February as detailed in § 8.330. Also, the Coast contingent upon several items in 3, 1995 (60 FR 6687). Its purpose was Guard will notify a vessel owner of the § 8.410. One requirement is that the to test and evaluate the standards and time frame required for such action. vessel be ‘‘classed’’ by a recognized procedures developed for the ACP. Because of the many variables involved classification society that is authorized Sixty-two ships were enrolled in the in the possible termination of authority to participate in the ACP. To clearly pilot program which ended on July 31, of a classification society to participate convey the Coast Guard’s understanding 1997. The ACP was implemented on in the ACP, such as the reason for of what it means for a vessel to be that date under the regulations termination or the number of ships ‘‘classed,’’ the Coast Guard added a described in the following paragraphs. involved, it is not reasonable to set a definition of the term to § 8.100. On June 22, 1995, the Coast Guard specific time limit for accomplishment The applicability in § 8.410 specified published a NPRM entitled ‘‘Alternate of the required action. that the ACP applies to all U.S. flag Compliance via Recognized The current regulatory text regarding vessels that meet certain requirements. Classification Society and U.S. four of the certificates listed in § 8.320 However, the ACP is currently open to Supplement to Rules’’ in the Federal (International Certificate of Fitness for U.S. flag tank vessels, passenger vessels, Register (60 FR 32478). The NPRM the Carriage of Dangerous Chemicals in cargo vessels, miscellaneous vessels, proposed regulatory changes to allow Bulk; International Certificate of Fitness and mobile offshore drilling units owners, operators, shipbuilders, and for the Carriage of Liquefied Gases in (MODUs). To accurately reflect these designers of U.S. flagged tank vessels, Bulk; MARPOL 73/78 International Oil limitations, § 8.410 will refer each passenger vessels, cargo vessels, Pollution Prevention Certificate; and vessel type to the appropriate miscellaneous vessels and mobile MARPOL 73/78 International Oil subchapter of 46 CFR containing the offshore drilling units to use the Pollution Prevention Certificate for the authorization to use the ACP in place of services of a recognized classification Carriage of Noxious Liquid Substances other requirements. society to conduct inspection and plan in Bulk) allows only the Coast Guard to 46 CFR subchapter G, § 69.27(b) review functions now performed by the issue these certificates to U.S. flag requires an organization to be a full Coast Guard. vessels. The intent of this rulemaking is member of the International Association The NPRM proposed establishment of to allow certain classification societies of Classification Societies (IACS) and the ACP through addition of new to issue these certificates on behalf of incorporated under the laws of the sections in 46 CFR parts 31 (31.01–3), the U.S. as well. Therefore, modification United States, a State of the United 71 (71.15–5), 91 (91.15–5), and 107 to 33 CFR part 151, 46 CFR part 153 and States, or the District of Columbia to be (107.205). These sections would allow 154 are necessary. eligible for delegated tonnage the owner or operator of a vessel to In § 8.100, the definition of ‘‘MARPOL measurement authority. There is no submit the vessel for inspection by a 73/78’’ was changed to be consistent statutory requirement for these criteria recognized classification society. The with the definition in 33 U.S.C. 1901. and they are inconsistent with the intent classification society would survey the As the ACP has been implemented, of the ACP rulemaking, which is to vessel and document compliance with the Coast Guard has recognized that allow classification societies, regardless applicable international requirements, additional references to rules and of home country, meeting the standards class rules and its U.S. supplement. The approved supplements are necessary. in part 8, to be recognized and delegated cognizant Coast Guard Officer-in- Because a supplement is approved authority to perform services on behalf Charge, Marine Inspection, could then related to a specific year of classification of the Coast Guard. Therefore, the final issue a certificate of inspection based society rules and international rule modifies this section so the ACP upon the classification society’s reports conventions, it is appropriate to update can function as intended. documenting that the vessel is classed and approve the supplement each time The Coast Guard received a total of 17 and that it complies with all applicable a new set of classification society rules letters that commented on the ACP requirements. are approved. Therefore, each year, the interim rule. All letters expressed On December 27, 1996, the Coast Coast Guard anticipates approving and support for the program. One comment Guard published an interim rule incorporating a set of classification specifically mentioned the reduced cost entitled ‘‘Vessel Inspection Alternatives; society rules and a companion and increased options the ACP will give Classification Procedures’’ in the supplement. To facilitate this process, the maritime industry. Some letters Federal Register (61 FR 68510). This the Coast Guard eliminated the direct contained suggestions for improvement rulemaking with the addition of other listing of approved classification society in areas that may need adjustment. The 46 CFR sections not included in the rules and supplements in the applicable following discussion addresses these NPRM, implemented the ACP program. 46 CFR parts (31, 71, 91, and 107) and comments. modified the language of those sections Ten comments addressed issues Discussion of Comments and Changes to refer the user to one section for a list relating to reciprocity. One comment In a continuous effort to refine the of incorporated classification society noted that not all classification societies ACP, several minor technical changes rules and supplements in § 8.110(b). can ‘‘certify’’ in their own home are needed to facilitate clear application In § 8.320, the list of certificates country. These comments recommended of this rule. requires correction. The ‘‘SOLAS modification of acceptance to include The Coast Guard amended the text of Certificate of Fitness for the Carriage of recognition when authorization to ABS 46 CFR 8.450 to clarify the status of Dangerous Chemicals in Bulk’’ and the is equal to that allowed by the country international certificates issued by a ‘‘SOLAS Certificate of Fitness for the of origin. The Coast Guard will delegate 67528 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations the authority to issue listed certificates capability and performance of the or an equivalent quality standard. when all of the conditions for classification society to ensure they are Therefore, the Coast Guard makes no reciprocity, recognition, and adequate to perform the extensive change in response to this comment. authorization are met. This approach is delegations granted under the ACP. The Five comments recommended consistent with the language in the Coast Guard is making no change to this changes to the applicability of the ACP. Coast Guard Authorization Act of 1996 requirement. These comments noted that the ACP (Pub. L. 140–324), and will result in the One comment requested that the should not be restricted only to vessels most efficient delegation program. To Safety Certificate for High Speed Craft engaged on international voyages but allow the appropriate flexibility needed be added to the functions that may be should be open to all vessels that meet for successful application of the ACP delegated in § 8.320. The Coast Guard international requirements regardless of program, the Coast Guard will modify does not agree. The High Speed Craft their ports of call. The term § 8.120(a). The Coast Guard will grant Code is new and has had very limited international voyages was used in authorization to a foreign classification application in the U.S. Until further § 8.410 to ensure that vessels in the ACP society to issue international certificates experience and familiarity are gained carried all applicable international on a ‘‘case-by-case’’ basis. Some of the with the High Speed Craft Code for U.S. certificates and was not intended to factors that the Coast Guard may flag vessels, the Coast Guard does not restrict ACP to only those vessels that consider in granting authorization are: plan to delegate this function. engage on international voyages. The • Whether the foreign classification One comment suggested adding the Coast Guard will modify the wording of society has a satisfactory port state SOLAS Passenger Vessel Safety § 8.410(b). Instead of the phrase control history; Certificate to those listed in § 8.320. ‘‘engaged in international voyages’’, the • Whether the foreign classification Passenger vessels may qualify for Coast Guard will use the term society has met the criteria contained in participation in the ACP. However, the ‘‘certificated for international voyages’’. 46 CFR 8.230; Coast Guard intends to maintain first This clearly expresses the intent that a • Whether the foreign classification hand involvement in the issuance of vessel participating in the ACP will society developed a U.S. supplement to this certificate due to the degree of risk have a valid set of all certificates its class rules for use in the ACP that is involved. The Coast Guard will retain necessary to engage in an international in accordance with 46 CFR 8.430, as authority for issuance of the SOLAS voyage. appropriate; and whether the home Passenger Vessel Safety Certificate. The ACP is solidly based on the safety government of the foreign classification One comment was from the United system comprised of the following society has provided, or will States Environmental Protection Agency elements: Compliance with all relevant simultaneously provide, ABS sufficient (EPA). The EPA expressed concern international requirements, access to inspect, certify and provide about authorizing a classification classification society rules, and the related services to vessels documented society to issue the International Air relevant U.S. supplement. This safety in that country. Pollution Prevention (IAPP) and the system is being accepted in the ACP as One of the comments suggested that Engine International Air Pollution an equivalent to the system embodied in the Coast Guard establish an annual Prevention (EIAPP) certificates under Title 46 of the CFR. Thus, U.S. flagged review of reciprocity provisions. An MARPOL Annex VI. Section 8.320 does vessels that do not carry valid and annual review of reciprocity is not permit delegation of these appropriate certificates necessary to unnecessary. In the event that the certificates to a classification society. No engage in international voyages, American Bureau of Shipping change is made in response to this regardless of class, are not eligible to undergoes any changes in their foreign comment. participate in the ACP. government authorizations, it is One comment addressed the Two comments related to the use of reasonable to expect that the Coast definition of the term ‘‘gross tons’’ in exclusive surveyors for all work done on Guard will be notified by the American § 8.100. The comment stated that the behalf of the Coast Guard. One comment Bureau of Shipping of any such terms ‘‘method used by flag state requested the use of exclusive surveyors changes, at which time the Coast Guard administration’’ are confusing and for all ACP work. With the exception of will review the applicable reciprocity unnecessary since subpart A is limited tonnage measurement, the Coast Guard provisions for appropriate resolution. to U.S. flag vessels. The Coast Guard agrees and notes that this is already Two comments recommended the does not concur. This terminology is required under § 8.130(a)(25). removal of the 2-year trial period prior necessary because classed tonnage is an Restricting tonnage measurement to to being eligible to participate in the element of the minimum standards for exclusive surveyors is contrary to ACP as required in § 8.420. The Coast a recognized classification society in current practice and would reduce Guard does not agree. The ACP is a very § 8.230. The Coast Guard intends to flexibility and probably result in higher comprehensive program that covers allow class societies to count all vessel cost to the public. Section 8.130(a)(25) issues not addressed by international tonnage they class, regardless of the flag has been modified to allow the use of convention requirements. In the ACP, administration. Because not all part-time employees or independent participating vessels have limited administrations apply the International contractors to provide tonnage involvement with the Coast Guard and Convention on Tonnage Measurement of measurement services. the Certificate of Inspection (COI) is Ships, 1969, to all measured vessels, The other comment requested the use based largely on classification society this clause is necessary. of one classification society’s exclusive reports. The Coast Guard has limited One comment questioned the use of surveyors by other classification experience with foreign classification the American National Standards societies if the two societies involved societies. Therefore, it is prudent to Institute (ANSI) standard ANSI/ASQC have a bilateral agreement. The Coast maintain this 2-year trial period in order Q9001 in place of the international Guard does not agree. When authorizing to gain experience with foreign standard ISO 9001. The Coast Guard a classification society to do work classification societies, their rules, agrees that the international standard is related to the ACP, the Coast Guard surveyors, and procedures. also acceptable. As stated in the rule, a accepts a classification society’s rules, Additionally, the 2-year period will classification society may meet the survey procedures and processes as an allow the Coast Guard to assess the requirements of the ANSI/ASQC Q9001 acceptable alternative to federal Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67529 regulations. A classification society’s right to refuse to conduct services. The class societies. The Coast Guard agrees own exclusive surveyors are in the best Coast Guard agrees. However, the that the ACP allows foreign position to accurately enforce these interim rule does not restrict the classification societies to apply for items. Given the scope of delegation and classification society actions in this recognition and authorization to the minimal Coast Guard presence on regard. In consideration of this perform delegated functions under part ACP vessels, the Coast Guard makes no comment, the Coast Guard modified the 8. However, the Coast Guard retains the change in response to this comment. text in § 8.130(a)(10) to recognize that a authority to issue COIs. However, based on these comments, the classification society may have occasion One comment recommended a change Coast Guard has added a definition of to refuse to attend a vessel for which it in the term ‘‘serviced’’ in § 8.230(a)(17). ‘‘exclusive surveyor’’ to § 8.100 for has performed a delegated function on The Coast Guard agrees and has clarification. behalf of the Coast Guard, when clarified the language. The change will One comment recommended a requested by the Coast Guard. ensure that vessels on which a delegated specific classification society not be One comment requested that function has been performed comply allowed to participate in the ACP. The documents be ‘‘in a language which is with all statutory requirements related Coast Guard appreciates the intent of mutually acceptable to both parties.’’ to the delegation functions. the individual to improve the program. The Coast Guard does not agree. The Three comments encouraged user fee All applications for recognition and Coast Guard requires documents related reduction. The Coast Guard agrees that authorization are carefully reviewed in to delegated functions to be in English. participation in ACP may result in accordance with part 8. Any There is no change to § 8.130(a)(18) or lower fees. However, the purpose of this classification society meeting these § 8.230(a)(7) and (8) in response to this rulemaking is not to make changes to requirements may enter the program. comment. user fees. There are no changes made to The Coast Guard has made no change in One comment suggests that the Coast this rule in response to this comment. response to this comment. Guard accept oversight monitoring by Two comments concerned One comment recommended that other administrations. The Coast Guard supplements. One pointed out the authority to issue certificates be revoked agrees that oversight and monitoring necessity of the supplement. The other if reciprocity conditions were no longer activities conducted by other encouraged that the supplement be being satisfied. Reciprocity is required administrations may be useful to the simplified and used to lead to by U.S. law in the Coast Guard delegated functions of the ACP. The harmonization with industry standards. Authorization Act of 1996 (Pub. L. 104– Coast Guard does not agree that any The Coast Guard agrees with the spirit 324, 110 Stat. 3901). The Coast Guard added text to § 8.130(a)(22) is of these comments. In general, a agrees and has modified §§ 8.330 and warranted. The intent of this agreement supplement for the ACP contains cites 8.450 accordingly. condition is to ensure that an authorized from four sources: One comment contained classification society will allow the • Statutory Requirements, recommendations on document Coast Guard the necessary access to • SOLAS Interpretations, availability. It requested all documents perform its own oversight activities. • Critical safety issues where the to be maintained in a public docket. The This agreement condition does not combination of classification society Coast Guard disagrees. Some prohibit other means of attaining rules and international conventions do information submitted during the information as part of the Coast Guard’s not provide an equivalent level of safety application for recognition of a oversight activities. to the CFR, or classification society is clearly One comment stated that reciprocity • Other requirements that apply to all proprietary and therefore inappropriate was intended to solidify ABS market ships (primarily navigation safety and for release. Information regarding shares and not to advance marine safety. pollution prevention). recognition and authorization status The Coast Guard disagrees. Reciprocity Because all classification society rules will be available in accordance with the is included because it is required under are not identical in scope, the Freedom of Information Act. The Coast the Coast Guard Authorization Act of supplement is needed. The Coast Guard Guard is making no change in response 1996 (Pub. L. 104–324). This provision is actively pursuing harmonized to this comment. may increase the choices available to international interpretations to SOLAS. One comment on § 8.320(a)(7) the marine industry and result in lower Where the combination of classification recommended the removal of the term costs. The Coast Guard makes no change society rules and international ‘‘SOLAS’’ from the ‘‘SOLAS Mobile in response to this comment. conventions do not provide an Offshore Drilling Unit Safety One comment requested amendment equivalent level of safety, the Coast Certificate.’’ The Coast Guard agrees and to § 8.410(b) to further expand ACP Guard intends to pursue these items will correct this certificate title to applicability to foreign flag MODUs individually with the classification ‘‘International Maritime Organization required to obtain a letter of compliance society or through amendment of the (IMO) Mobile Offshore Drilling Unit under 33 CFR subchapter N. The Coast international convention as appropriate. Safety Certificate.’’ Guard does not agree. The ACP is Ideally, these Coast Guard efforts may One comment stated that load line available for U.S. flag vessels as an result in an equivalent level of safety and tonnage admeasurement should be alternative to compliance with U.S. and remove the need for additions to harmonized to require reciprocity with regulations. The Coast Guard reiterates classification society rules. In addition, the delegations under ACP. The Coast that the safety system of class rules, the Coast Guard has pursued Guard does not agree. Delegation of international conventions, and the harmonization with industry standards these functions is permitted under 46 supplement to class rules is considered and will continue to seek additional U.S.C. 5107 and 46 U.S.C. 14103, as an alternative to U.S. regulations. opportunities to do so. There are no respectively, and reciprocity is not an Foreign flag vessels are not subject to changes as a result of these comments. element of the conditions of delegation. U.S. vessel standards and therefore, are One comment encouraged the Coast The Coast Guard is making no change in not considered in this program. There is Guard to accept foreign class standards response to this comment. no change in response to this comment. without rigid adherence to U.S. One comment stated that a recognized One comment welcomed the ACP regulations. The Coast Guard agrees that classification society should have the because COIs can be issued by foreign an individual regulation, considered in 67530 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations isolation, may not always be the best or societies. The ACP is now available to The Coast Guard expects this rule to most suitable standard for a particular foreign based classification societies as provide an economic benefit to the vessel. However, the Coast Guard well. There is no change made as a owners and operators of U.S. flagged considers the Code of Federal result of this comment. vessels. Currently, 549 U.S. vessels may Regulations (CFR) to represent a One comment questioned how be eligible to participate in this optional comprehensive set of standards for appeals will be handled. There are two ACP. The Coast Guard estimates that commercial vessel safety. The Coast different levels of appeals. In the first while a vessel owner may have to pay Guard has worked extensively with the level, a vessel owner, operator, or an additional $5,000 in classification U.S. maritime industry in the builder may desire to appeal the society fees for functions presently application of standards other than decision of an ACP authorized performed by the Coast Guard, the those specifically prescribed in the CFR, classification society or the Coast Guard. savings in design, construction and and has allowed use of equivalent This procedure is defined in Coast operating costs will recover this expense standards in many cases. The Coast Guard policy guidance and is published many times over during the lifetime of Guard will ensure that a double as Navigation and Vessel Inspection the vessel. Moreover, ships built and standard does not develop between Circular (NVIC) No. 2–95, Change 1. On maintained to SOLAS, MARPOL 73/78, vessels that participate in ACP and another level, a classification society recognized classification society rules those that do not. ACP standards will may wish to appeal the decision of the and accepted U.S. supplement are remain equivalent in scope and result in Coast Guard with respect to its expected to experience greater no reduction in safety. There is no application for recognition. There was competitiveness in the worldwide change made as a result of this no appeal provision in the Interim Rule shipping market. comment. for this condition. In response to this Additionally, streamlining the Two comments addressed reporting comment, the Coast Guard has added a certification process will reduce time requirements for port-state control provision for a classification society to frames for Coast Guard involvement in violations. One comment recommended appeal the decision of the Coast Guard the COI process from an average of over a change in the term ‘‘ensure’’ in § 8.230 in § 8.420, related to the recognition 50 hours to 10 hours or less. Because the paragraphs (a)(16) and (a)(17). The application. vessel is already inspected by the comment contends that no classification classification society, this program will One comment recommended that the society has the power to ensure reduce duplication of effort, decrease criteria for recognition be modified to be compliance. Compliance is dependent vessel ‘‘down time’’ and permit greater performance based. The comment on factors outside of the control of the scheduling flexibility. Lower suggested dropping the size and age classification societies. The Coast Guard construction and operating costs, greater criteria and the use of the term agrees and will modify the text to more flexibility for the vessel in the global ‘‘adequate’’ within the list. The Coast accurately reflect this condition. market and additional availability for One comment recommended that Oil Guard agrees in part. Performance is vessel hire will offset the costs incurred Spill Recovery Vessels (OSRVs) be important. However, other criteria through the alternate plan review and included in ACP with appropriate required by the rule indicate inspection process utilizing a modification to corresponding characteristics of the classification recognized classification society. The regulations for this vessel type. The society that the Coast Guard determines Coast Guard specifically solicits absence of specific regulations for to be necessary to assess quality prior to comments on potential costs, savings OSRVs precludes their inclusion in the recognition. Considering the importance and benefits. ACP at this time. The Coast Guard will of the delegated work, no change is The Coast Guard expects no impact to consider participation of OSRVs after made in response to this comment. the regulatory assessment as a result of determining what regulations apply to Incorporation by Reference changes to this rulemaking. them. One comment encouraged The Director of the Federal Register Small Entities classification society fee restraints for has approved the material in § 8.110 for Under the Regulatory Flexibility Act vessels participating in the ACP. While incorporation by reference under 5 (5 U.S.C. 601 et seq.), the Coast Guard the intent of this rulemaking is to U.S.C. 552 and 1 CFR part 51. Copies of considered whether this rule will have reduce the cost associated with dual the material are available from the a significant economic impact on a inspection, the Coast Guard will not be sources listed in that section. substantial number of small entities. involved with the establishment of Regulatory Evaluation ‘‘Small entities’’ include small classification society fees for services businesses, not-for-profit organizations related to the ACP program. The ACP is This rule is not a significant that are independently owned and a voluntary program and traditional regulatory action under section 3(f) of operated and are not dominant in their Coast Guard inspection remains Executive Order 12866 and does not fields, and governmental jurisdictions available to U.S. flag vessels that require require an assessment of potential costs with populations of less than 50,000. Coast Guard certification. and benefits under section 6(a)(3) of that This rule change provides an One comment expressed concern order. It has not been reviewed by the alternative to complying with existing about the ACP being used to bring more Office of Management and Budget under regulations. The Coast Guard vessels under ABS class. The Coast that order. It is not significant under the determined this rulemaking will have a Guard disagrees. Initially, the ACP was regulatory policies and procedures of positive economic impact if the owner developed with ABS based on the the Department of Transportation (DOT) chooses to participate in the ACP. extensive experience that the Coast (44 FR 11040; February 26, 1979). Because of the current structure of the Guard has with delegation of The Coast Guard expects the industry, it is not expected that any certification functions to ABS. Until the economic impact of this rule to be so small businesses will be affected by the passage of the Coast Guard minimal that a full Regulatory rule. However, under Section 601 of the Authorization Act of 1996 (Pub. L. 104– Evaluation under paragraph 10e of the Regulatory Flexibility Act, the Coast 324), delegation of this nature was regulatory policies and procedures of Guard has provided a flexible approach restricted by law to U.S. classification DOT is unnecessary. which could benefit any small Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67531 businesses which choose to enter this tend to move from port to port in the (Government agencies), Reporting and industry. This rulemaking will have no national market place, these safety recordkeeping requirements. impact on vessel owners who do not requirements need to be national in 46 CFR Part 8 choose to participate in this program. scope to avoid numerous, unreasonable Therefore, the Coast Guard certifies and burdensome variances. Therefore, Administrative practice and under section 605(b) of the Regulatory this action will preempt State action procedure, Incorporation by reference, Flexibility Act (5 U.S.C. 601 et seq.) that addressing the same matter. Organization and functions this final rule will not have a significant (Government agencies), Reporting and Federal Preemption economic impact on a substantial recordkeeping requirements. number of small entities. Historically, the Coast Guard has 46 CFR Part 31 inspected vessels for their compliance Assistance for Small Entities with Federal regulations that address Marine safety, Reporting and In accordance with section 213(a) of the safety of a vessel and protection of recordkeeping requirements, Tank the Small Business Regulatory the marine environment. These vessels. Enforcement Fairness Act of 1996 (Pub. regulations establish design, 46 CFR Part 69 L. 104–121), the Coast Guard offers to construction, equipment, manning and Measurement standards, Penalties, assist small entities in understanding other inspection standards that are part Reporting and recordkeeping the rule so that they may better evaluate of international conventions to which requirements, Vessels. its effects on them and participate in the the U.S. is a party as well as other rulemaking process. Assistance with inspection standards that assure the 46 CFR Part 71 provisions of this final rule can be safety of a vessel participating in this Marine safety, Passenger vessels, obtained by contacting Commandant alternative inspection program. The Reporting and recordkeeping (G–MSE), Office of Design and certificate of inspection issued to a requirements. Engineering Standards, 2100 Second vessel by the Coast Guard as a result of Street, SW., Washington, DC 20593– this inspection program indicates that 46 CFR Part 91 0001, telephone 202–267–2997. the vessel is safe for the service in Cargo vessels, Marine safety, Collection of Information which it is engaged. It is the Coast Reporting and recordkeeping Guard’s opinion that the Supremacy requirements. This final rule provides for a Clause of the Constitution would collection of information under the preempt state and local regulations that 46 CFR Part 107 Paperwork Reduction Act of 1995 (44 seek to impose different or higher Marine safety, Oil and gas U.S.C. 3501 et seq.). Vessel inspection standards governing the inspection of a exploration, Reporting and reports are needed to document the U.S. vessel as established in these recordkeeping requirements, Vessels. compliance of a vessel with recognized regulations. classification society rules, the accepted 46 CFR Part 153 U.S. supplement to rules, and Environment Administrative practice and applicable international maritime safety The Coast Guard considered the procedure, Cargo vessels, Hazardous and marine environmental conventions. environmental impact of this rule and materials transportation, Marine safety, Classification societies recognized to concluded that under paragraph 2.B.2 of Reporting and recordkeeping participate in this program will submit Commandant Instruction M16475.1B, requirements, Water pollution control. copies of reports they routinely prepare this rule is categorically excluded from 46 CFR Part 154 to the Coast Guard. further environmental documentation. As required by 5 U.S.C. 3507(d), the This rule is excluded based on its Cargo vessels, Gases, Hazardous Coast Guard submitted a copy of this inspection and equipment aspects. A materials transportation, Marine safety, rule to the Office of Management and Categorical Exclusion Determination is Reporting and recordkeeping Budget (OMB) for its review of the available in the docket for inspection or requirements. collection of information. OMB has copying where indicated under For the reasons set out in the approved the collection. The section ADDRESSES. preamble, under the authority of 46 numbers are: §§ 31.01–3, 71.15–5, Since the combination of U.S.C. 3306, the Coast Guard amends 33 91.15–5, and 107.205, and the classification society rules, applicable CFR part 151 and 46 CFR parts 1, 8, 31, corresponding approval number from international conventions and the U.S. 69, 71, 91 107, 153, and 154 as follows: OMB is OMB Control Number 2115– supplement to the rules have been 0626, which expires on June 30, 1999. determined to provide a level of safety PART 151ÐVESSELS CARRYING OIL, Persons are not required to respond to equivalent to current Coast Guard NOXIOUS LIQUID SUBSTANCES, a collection of information unless it regulations, the Coast Guard expects GARBAGE, MUNICIPAL OR displays a currently valid OMB control that this rulemaking will have no COMMERCIAL WASTE, AND BALLAST number. adverse environmental impact. WATER Federalism List of Subjects 1. The authority citation for part 151 The Coast Guard has analyzed this continues to read as follows: 33 CFR Part 151 rule under the principles and criteria Authority: 33 U.S.C. 1321(j)(1)(c) and contained in Executive Order 12612 and Administrative practice and 1903(b); E.O. 12777, 3 CFR, 1991 Comp. P. has determined that this rule does not procedure, Oil pollution, Penalties, 351; 49 CFR 1.46. have sufficient federalism implications Reporting and recordkeeping 2. Revise § 151.19(c) to read as to warrant a Federalism Assessment. requirements, Water pollution control. follows: The authority to regulate safety requirements of U.S. vessels is 46 CFR Part 1 § 151.19 International Oil Pollution committed to the Coast Guard by Administrative practice and Prevention (IOPP) Certificates. statute. Furthermore, since these vessels procedure, Organization and functions * * * * * 67532 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

(c) An IOPP Certificate is issued by a 8.420 Classification society authorization to method utilized by the flag state COTP, OCMI, or a classification society participate in the Alternate Compliance administration of that vessel. authorized under 46 CFR part 8, after a Program. MARPOL 73/78 means the Protocol of satisfactory survey in accordance with 8.430 U.S. Supplement to class rules. 1978 relating to the International 8.440 Vessel enrollment in the Alternate the provisions of § 151.17. Compliance Program. Convention for the Prevention of * * * * * 8.450 Termination of classification society Pollution from Ships, 1973, and authority. includes the Convention which means § 151.37 [Amended] Authority: 46 U.S.C. 3306; 46 U.S.C. 3316, the International Convention for the 3. In § 151.37, in paragraphs (a), (b), as amended by Sec. 607, Pub. L. 104–324, Prevention of Pollution from Ships, and (c), remove the words ‘‘Coast Guard 110 Stat. 3901; 46 U.S.C. 3703; 49 CFR 1.45, 1973, including Protocols I and II and issues’’ and add, in its place, the words 1.46. Annexes I, II, and V thereto, including ‘‘Coast Guard or a classification society any modification or amendments to the authorized under 46 CFR part 8 issues’’. Subpart AÐGeneral Convention, Protocols or Annexes which have entered into force for the PART 1ÐORGANIZATION, GENERAL § 8.100 Definitions. United States. COURSE AND METHODS GOVERNING Authorized Classification Society Officer in Charge, Marine Inspection MARINE SAFETY FUNCTIONS means a recognized classification (OCMI) means any person from the 4. The authority citation for part 1 society that has been delegated the civilian or military branch of the Coast continues to read as follows: authority to conduct certain functions Guard designated as such by the and certifications on behalf of the Coast Commandant and who, under the Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 Guard. U.S.C. 7701; 49 CFR 1045, 1.46; § 1.01–35 superintendence and direction of a also issued under the authority of 44 U.S.C. Class Rules means the standards Coast Guard District Commander, is in 3507. developed and published by a charge of an inspection zone for the classification society regarding the performance of duties with respect to 5. Add § 1.03–15(h)(4) to read as design, construction and certification of follows: the inspection, enforcement, and commercial vessels. administration of 46 U.S.C., Revised § 1.03±15 General. Classed means that a vessel meets the Statutes, and acts amendatory thereof or * * * * * classification society requirements that supplemental thereto, and rules and (h) * * * embody the technical rules, regulations, regulations thereunder. (4) Commandant (G–MSE) for appeals standards, guidelines and associated Recognized Classification Society involving the recognition of a surveys and inspections covering the means the American Bureau of Shipping classification society. design, construction and through-life or other classification society * * * * * compliance of a ship’s structure and recognized by the Commandant under 6. Revise part 8 to read as follows: essential engineering and electrical this part. systems. SOLAS means International PART 8ÐVESSEL INSPECTION Commandant means the Commandant Convention for the Safety of Life at Sea, ALTERNATIVES of the Coast Guard. 1974, as amended. Delegated Function means a function Subpart AÐGeneral related to Coast Guard commercial § 8.110 Incorporation by reference. Sec. vessel inspection which has been (a) Certain material is incorporated by 8.100 Definitions. delegated to a classification society. reference into this subchapter with the 8.110 Incorporation by reference. Delegated functions may include approval of the Director of the Federal 8.120 Reciprocity. Register under 5 U.S.C. 552(a) and 1 8.130 Agreement conditions. issuance of international convention certificates and participation in the CFR Part 51. To enforce any edition Subpart BÐRecognition of a Classification Alternate Compliance Program under other than that specified in paragraph Society this part. (b) of this section, the Coast Guard must 8.200 Purpose. Delegated Function Related to publish notice of the change in the 8.210 Applicability. General Vessel Safety Assessment Federal Register and the material must 8.220 Recognition of a classification means issuance of the SOLAS Cargo be available to the public. All material society. is available for inspection at the Office 8.230 Minimum standards for a recognized Ship Safety Construction Certificate or classification society. issuance of the SOLAS Cargo Ship of the Federal Register, 800 North 8.240 Application for recognition. Safety Equipment Certificate. Capitol St., NW., Suite 700, Washington, 8.250 Acceptance of standards and Exclusive Surveyor means a person DC and at the U.S. Coast Guard, Office functions delegated under existing who is employed solely by a of Design and Engineering Standards, regulations. classification society and is authorized 2100 Second St., SW., Washington, DC 8.260 Revocation of classification society to conduct vessel surveys. Independent 20593–0001, and is available from the recognition. surveyors, hired on a case-by-case basis, sources listed in paragraph (b). Subpart CÐInternational Convention or surveyors of another classification (b) The material incorporated by Certificate Issuance society are not considered exclusive reference in this subchapter and the 8.300 Purpose. surveyors for the performance of sections affected are as follows: 8.310 Applicability. delegated functions on behalf of the American Bureau of Shipping 8.320 Classification society authorization to Coast Guard. (ABS)—Two World Trade Center, 106th issue international certificates. Gross Tons means vessel tonnage Floor, New York, NY 10048. 8.330 Termination of classification society measured in accordance with the Rules for Building and Classing Steel authority. International Convention on Tonnage Vessels, 1996—31.01–3(b), 71.15–5(b), Subpart DÐAlternate Compliance Program Measurement of Ships, 1969. Vessels 91.15–5(b) 8.400 Purpose. not measured by this convention must U.S. Supplement to ABS Rules for Steel 8.410 Applicability. be measured in accordance with the Vessels for Vessels on International Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67533

Voyages, 21 October 1996—31.01– provisions of its agreement with the (11) Honor appeal decisions made by 3(b), 71.15–5(b), 91.15–5(b) Commandant. Any agreement between the Commandant (G–MSE) or American National Standards the Commandant and a recognized Commandant (G–MOC) on issues Institute (ANSI)—11 West 42nd St., New classification society authorizing the related to delegated functions. York, NY 10036. performance of delegated functions will (12) Apply U.S. flag administration ANSI/ASQC Q9001–1994, Quality be written and will require the interpretations, when they exist, to Systems—Model for Quality classification society to comply with international conventions for which the Assurance in Design, Development, each of the following: classification society has been delegated Production, Installation, and (1) Issue any certificates related to a authority to certificate or perform other Servicing, 1994—8.230 delegated function in the English functions on behalf of the Coast Guard. language. (13) Obtain approval from the § 8.120 Reciprocity. (2) Maintain a corporate office in the Commandant (G–MOC) prior to granting (a) The Commandant may delegate United States that has adequate exemptions from the requirements of authority to a classification society that resources and staff to support all international conventions, class rules, has its headquarters in a country other delegated functions and to maintain and the U.S. supplement to class rules. than the United States only to the extent required associated records. (14) Make available to the Coast that the flag state administration of that (3) Maintain all records in the United Guard all records, in the English country delegates authority and States related to delegated functions language, related to equivalency provides access to the American Bureau conducted on behalf of the Coast Guard. determinations or approvals made in the of Shipping to inspect, certify and (4) Make available to appropriate course of delegated functions conducted provide related services to vessels Coast Guard representatives vessel on behalf of the Coast Guard. flagged by that country. The status information and records, (15) Report to the Coast Guard all Commandant will determine reciprocity including outstanding vessel information specified in the agreement on a ‘‘case-by-case’’ basis. deficiencies or classification society at the specified frequency and to the (b) In order to demonstrate that the recommendations, in the English specified Coast Guard office or official. conditions described in paragraph (a) of language, on all vessels for which the (16) Grant the Coast Guard access to this section are satisfied, a classification classification society has performed any all plans and documents, including society must provide to the Coast Guard delegated function on behalf of the reports on surveys, on the basis of an affidavit, from the government of the Coast Guard. which certificates are issued or country that the classification society is (5) Report to the Commandant (G– endorsed by the classification society. (17) Identify a liaison representative headquartered in, listing the authorities MOC) the names and official numbers of to the Coast Guard. delegated by the flag state any vessels removed from class for (18) Provide regulations, rules, administration of that country to the which the classification society has instructions and report forms in the American Bureau of Shipping, and performed any delegated function on English language. indicating any conditions related to the behalf of the Coast Guard and include delegated authority. (19) Allow the Commandant (G–M) to a description of the reason for the participate in the development of class (c) The Commandant will not removal. consider an application for rules. (6) Report to the Commandant (G– authorization to perform a delegated (20) Inform the Commandant (G–M) of MOC) all port state detentions on all function submitted under this part until all proposed changes to class rules. vessels for which the classification the conditions described in paragraph (21) Provide the Commandant (G–M) society has performed any delegated (a) of this section are satisfied. Where the opportunity to comment on any function on behalf of the Coast Guard simultaneous authorization by a foreign proposed changes to class rules and to when aware of such detention. government for ABS is involved, this respond to the classification society’s (7) Annually provide the requirement may be waived. disposition of the comments made by (d) The Commandant will not Commandant (G–MOC) with its register the Coast Guard. evaluate a classification society for of classed vessels. (22) Furnish information and required recognition until the conditions (8) Ensure vessels meet all access to the Coast Guard to conduct described in paragraph (a) of this requirements for class of the accepting oversight of the classification society’s section are satisfied for at least one of classification society prior to accepting activities related to delegated functions the authorized delegations being sought. vessels transferred from another conducted on behalf of the Coast Guard. Where simultaneous recognition by a classification society. (23) Allow the Coast Guard to foreign government for ABS is involved, (9) Suspend class for vessels that are accompany them on internal and this requirement may be waived. overdue for special renewal or annual external quality audits and provide (e) The Commandant may make a survey. written results of such audits to delegation regarding load lines under 46 (10) Attend any vessel for which the appropriate Coast Guard U.S.C. 5107 or measurement of vessels classification society has performed any representatives. under 46 U.S.C. 14103 without regard to delegated function on behalf of the (24) Provide the Coast Guard access the conditions described in paragraph Coast Guard at the request of the necessary to audit the authorized (a) of this section. appropriate Coast Guard officials, classification society to ensure that it without regard to the vessel’s location— continues to comply with the minimum § 8.130 Agreement conditions. unless prohibited to do so under the standards for a recognized classification (a) Delegated functions performed by, laws of the United States, the laws of society. and statutory certificates issued by, an the jurisdiction in which the vessel is (25) Use only exclusive surveyors of authorized classification society will be located, the classification society’s that classification society to accomplish accepted as functions performed by, or home country domestic law, or where all work done on behalf of, or under any certificates issued by, the Coast Guard, the classification society considers an delegation from, the Coast Guard. For provided that the classification society unacceptable hazard to life and/or tonnage-related measurement service maintains compliance with all property exists. only, however, classification societies 67534 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations may use part-time employees or (3) Establish that it has a history of (22) Not have any business interest in, independent contractors in place of appropriate changes to class rules based or share of ownership of, any vessel in exclusive surveyors. on their application and the overall its classed fleet; and (26) Allow its surveyors to participate performance of its classed fleet; (23) Not be involved in any activities in training with the Coast Guard (4) Have a total classed tonnage of at which could result in a conflict of regarding delegated functions. least 10 million gross tons; interest. (b) Amendments to an agreement (5) Have a classed fleet of at least (b) Recognition may be granted after between the Coast Guard and an 1,500 ocean-going vessels over 100 gross it is established that the classification authorized classification society will tons; society has an acceptable record of become effective only after consultation (6) Have a total classed tonnage of vessel detentions attributed to and written agreement between parties. ocean-going vessels over 100 gross tons classification society performance under (c) Agreements may be terminated by totaling no less than 8 million gross the Coast Guard Port State Control one party only upon written notice to tons; Program. the other party. Termination will occur (7) Publish and maintain class rules in § 8.240 Application for recognition. sixty days after written notice is given. the English language for the design, (a) A classification society must apply construction and certification of ships Subpart BÐRecognition of a for recognition in writing to the and their associated essential Classification Society Commandant (G–MSE). engineering systems; (b) An application must indicate § 8.200 Purpose. (8) Maintain written survey which specific authority the This subpart establishes criteria and procedures in the English language; classification society seeks to have procedures for vessel classification (9) Have adequate resources, delegated. societies to obtain recognition from the including research, technical, and (c) Upon verification from the Coast Coast Guard. This recognition is managerial staff, to ensure appropriate Guard that the conditions of reciprocity necessary in order for a classification updating and maintaining of class rules have been met in accordance with society to become authorized to perform and procedures; § 8.120, the requesting classification vessel inspection and certification (10) Have adequate resources and society must submit documentation to functions delegated by the Coast Guard geographical coverage to carry out all establish that it meets the requirements as described in this part. plan review and vessel survey activities of § 8.230. associated with delegated functions as § 8.210 Applicability. well as classification society § 8.250 Acceptance of standards and functions delegated under existing This subpart applies to all vessel requirements; regulations. classification societies seeking (11) Employ a minimum of 150 (a) Classification society class rules recognition by the Coast Guard. exclusive surveyors; (12) Have adequate criteria for hiring will only be accepted as equivalent to § 8.220 Recognition of a classification and qualifying surveyors and technical Coast Guard regulatory standards when society. staff; that classification society has received authorization to conduct a related (a) A classification society must be (13) Have an adequate program for delegated function. recognized by the Commandant before it continued training of surveyors and (b) A recognized classification society may receive statutory authority technical staff; may not conduct any delegated function delegated by the Coast Guard. (14) Have a corporate office in the under this title until it receives a (b) In order to become recognized, a United States that provides a separate written authorization from the classification society must meet the continuous management and Commandant to conduct that specific requirements of § 8.230. administrative presence; function. (c) A classification society found to (15) Maintain an internal quality meet the criteria for recognition will be system based on ANSI/ASQC Q9001 or § 8.260 Revocation of classification notified in writing by the Commandant. an equivalent quality standard; society recognition. (d) If the Coast Guard determines that (16) Determine classed vessels comply A recognized classification society a classification society does not meet with class rules, during appropriate which fails to maintain the minimum the criteria for recognition, the Coast surveys and inspection; standards established in this part will be Guard will provide the reason for this (17) Determine that attended vessels reevaluated and its recognized status determination. comply with all statutory requirements (e) A classification society may revoked if warranted. related to delegated functions, during reapply for recognition upon correction appropriate surveys and inspection; Subpart CÐInternational Convention of the deficiencies identified by the (18) Monitor all activities related to Certificate Issuance Coast Guard. delegated functions for consistency and § 8.300 Purpose. § 8.230 Minimum standards for a required end-results; This subpart establishes options for recognized classification society. (19) Maintain and ensure compliance vessel owners and operators to obtain with a Code of Ethics that recognizes the (a) In order to receive recognition by required international convention inherent responsibility associated with the Coast Guard a classification society certification through means other than delegation of authority; must: those prescribed elsewhere in this (20) Not be under the financial control (1) Establish that it has functioned as chapter. an international classification society of shipowners or shipbuilders, or of for at least 30 years with its own class others engaged commercially in the § 8.310 Applicability. rules; manufacture, equipping, repair or This subpart applies to: (2) Establish that is has a history of operation of ships; (a) Recognized classification societies; appropriate corrective actions in (21) Not be financially dependent on and addressing vessel casualties and cases of a single commercial enterprise for its (b) All U.S. flag vessels that are nonconformity with class rules; revenue; certificated for international voyages Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67535 and are classed by a recognized society that has its headquarters in that the Commandant in writing in classification society that is authorized country. accordance with 46 CFR 1.03–15(h)(4). by the Coast Guard to issue the (c) Certificates issued by a (e) The Coast Guard will enter into a applicable international certificate as classification society which has had its written agreement with a recognized specified in this subpart. authorization terminated will remain classification society authorized to valid until the next classification society participate in the ACP. This agreement § 8.320 Classification society authorization survey associated with that certificate is will define the scope, terms, conditions to issue international certificates. required or until the certificate expires, and requirements of the necessary (a) The Commandant may authorize a whichever occurs first. delegation. Conditions of this agreement recognized classification society to issue are presented in § 8.130. certain international convention Subpart DÐAlternate Compliance certificates. Authorization will be based Program § 8.430 U.S. Supplement to class rules. on review of: Prior to receiving authorization to (1) Applicable class rules; and § 8.400 Purpose. participate in the ACP, a recognized (2) Applicable classification society This subpart establishes an alternative classification society must prepare, and procedures. to subpart 2.01 of this chapter for receive Commandant (G–MSE) approval (b) The Coast Guard may delegate certification of United States vessels. of, a U.S. Supplement to the recognized issuance of the following international § 8.410 Applicability. classification society’s class rules. This convention certificates to a recognized supplement must include all regulations This subpart applies to: classification society: (a) Recognized classification societies; applicable for issuance of a Certificate of (1) International Load Line Certificate; and Inspection (COI) which are not, in the (2) International Tonnage Certificate (b) U.S. flag vessels that are opinion of the Commandant, adequately (1969); certificated for international voyages established by either the class rules of (3) SOLAS Cargo Ship Safety and are classed by a recognized that classification society or applicable Construction Certificate; classification society that is authorized international regulations. (4) SOLAS Cargo Ship Safety by the Coast Guard to participate in the § 8.440 Vessel enrollment in the Alternate Equipment Certificate; Alternate Compliance Program (ACP) as (5) International Certificate of Fitness Compliance Program. specified in this subpart and whose (a) In place of compliance with other for the Carriage of Dangerous Chemicals vessel type is authorized to participate in Bulk; applicable provisions of this title, the in the ACP per the applicable owner or operator of a vessel subject to (6) International Certificate of Fitness subchapter of 46 CFR chapter I. for the Carriage of Liquefied Gases in plan review and inspection under this Bulk; § 8.420 Classification society authorization subchapter for initial issuance or (7) International Maritime to participate in the Alternate Compliance renewal of a COI may submit the vessel Organization (IMO) Mobile Offshore Program. for classification, plan review and Drilling Unit Safety Certificate; (a) The Commandant may authorize a inspection by a recognized classification (8) MARPOL 73/78 International Oil recognized classification society to society authorized by the Coast Guard to Pollution Prevention Certificate; and participate in the ACP. Authorization determine compliance with applicable (9) MARPOL 73/78 International Oil will be based on a satisfactory review of: international treaties and agreements, Pollution Prevention Certificate for the (1) Applicable class rules; and the classification society’s class rules, Carriage of Noxious Liquid Substances (2) Applicable classification society and the U.S. Supplement prepared by in Bulk. procedures. the classification society and accepted (c) The Coast Guard will enter into a (b) Authorization for a recognized by the Coast Guard. written agreement with a recognized classification society to participate in (b) A vessel owner or operator classification society authorized to issue the ACP will require development of a wishing to have a vessel inspected international convention certificates. U.S. Supplement to the society’s class under paragraph (a) of this section shall This agreement will define the scope, rules that meets the requirements of submit an Application for Inspection of terms, conditions and requirements of § 8.430 of this part, which must be U.S. Vessel (CG–3752) to the cognizant that delegation. Conditions of these accepted by the Coast Guard. OCMI, and indicate on the form that the agreements are presented in § 8.130. (c) A recognized classification society inspection will be conducted by an will be eligible to receive authorization authorized classification society under § 8.330 Termination of classification to participate in the ACP only after it the ACP. society authority. has performed a delegated function (c) Based on reports from an (a) The Coast Guard may terminate an related to general vessel safety authorized classification society that a authorization agreement with a assessment, as defined in § 8.100, for a vessel complies with applicable classification society if: two-year period. international treaties and agreements, (1) The Commandant revokes the (d) If, after this two-year period, the the classification society’s class rules, classification society’s recognition, as Coast Guard finds that the recognized and the U.S. Supplement prepared by specified in § 8.260; or classification society has not the classification society and accepted (2) The classification society fails to demonstrated the necessary satisfactory by the Coast Guard, the cognizant OCMI comply with the conditions of the performance or lacks adequate may issue a certificate of inspection to authorization agreement as specified in experience, the recognized classification the vessel. If the OCMI declines to issue § 8.130. society will not be eligible to participate a certificate of inspection even though (b) In the event that a flag in the ACP. The Coast Guard will the reports made by the authorized administration of a country changes provide the reason for this classification society indicate that the conditions related to the authority that determination to the recognized vessel meets applicable standards, the is delegated to ABS, the Commandant classification society. A classification vessel owner or operator may appeal the may modify or revoke the Coast Guard’s society may appeal the decision of the OCMI decision as provided in subpart authorization of that classification Coast Guard concerning recognition to 1.03 of this chapter. 67536 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

(d) If reports from an authorized PART 31ÐINSPECTION AND § 71.15±5 Alternate compliance. classification society indicate that a CERTIFICATION (a) In place of compliance with other vessel does not comply with applicable applicable provisions of this subchapter, international treaties and agreements, 7. The authority citation for part 31 the owner or operator of a vessel subject the classification society’s class rules, continues to read as follows: to plan review and inspection under and the U.S. Supplement prepared by Authority: 33 U.S.C. 1321(j); 46 U.S.C. this subchapter for initial issuance or the classification society and accepted 3306; 46 U.S.C. 3316, as amended by Sec. renewal of a Certificate of Inspection by the Coast Guard, the cognizant OCMI 607, Pub. L. 104–324, 110 Stat. 3901; 46 may comply with the Alternate may decline to issue a certificate of U.S.C. 3703, 5115, 8105; 49 U.S.C. App. Compliance Program provisions of part inspection. If the OCMI declines to issue 1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 8 of this chapter. a certificate of inspection, the vessel Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp., p. 793; 49 CFR 1.46. (b) For the purposes of this section, a owner or operator may: list of authorized classification societies (1) Correct the reported deficiencies 8. Revise § 31.01–3 to read as follows: is available from Commandant (G– and make arrangements with the § 31.01±3 Alternate compliance. MSE). Approved classification society classification society for an additional rules and supplements are contained in inspection; (a) In place of compliance with other 46 CFR 8.110(b). (2) Request inspection by the Coast applicable provisions of this subchapter, Guard under other provisions of this the owner or operator of a vessel subject PART 91ÐINSPECTION AND subchapter; or to plan review and inspection under CERTIFICATION (3) Appeal via the authorized this subchapter for initial issuance or classification society to the Chief, Office renewal of a Certificate of Inspection 13. The authority citation for part 91 of Compliance, Commandant (G–MOC), may comply with the Alternate continues to read as follows: U.S. Coast Guard, 2100 Second St. SW., Compliance Program provisions of part Authority: 33 U.S.C. 1321(j); 46 U.S.C. Washington, DC 20593–0001. 8 of this chapter. 3306; 46 U.S.C. 3316, as amended by Sec. 607, Pub. L. 104–324, 110 Stat. 3901; E.O. § 8.450 Termination of classification (b) For the purposes of this section, a 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. society authority. list of authorized classification societies 277; E.O. 11735, 38 FR 21243, 3 CFR, 1971– (a) The Coast Guard may terminate an is available from Commandant (G– 1975 Comp., p. 793; 49 CFR 1.46. authorization agreement with a MSE). Approved classification society classification society to participate in rules and supplements are contained in 14. Revise § 91.15–5 to read as the Alternate Compliance Program if: 46 CFR § 8.110(b). follows: (1) The Commandant revokes the § 91.15±5 Alternate compliance. classification society’s recognition, as PART 69ÐMEASUREMENT OF specified in § 8.260; or VESSELS (a) In place of compliance with other (2) The classification society fails to applicable provisions of this subchapter, comply with the conditions of the 9. The authority citation for part 69 the owner or operator of a vessel subject authorization agreement as specified in continues to read as follows: to plan review and inspection under § 8.130. Authority: 46 U.S.C. 2301, 14103; 49 CFR this subchapter for initial issuance or (b) In the event that a flag 1.46. renewal of a Certificate of Inspection may comply with the Alternate administration of a country changes 10. Amend § 69.27 by redesignating conditions related to the authority that Compliance Program provisions of part paragraphs (b)(3), (b)(4) and (b)(5) as is delegated to ABS, the Commandant 8 of this chapter. paragraphs (b)(4), (b)(5), and (b)(6), may modify or revoke the Coast Guard’s (b) For the purposes of this section, a respectively and by adding a new authorization of that classification list of authorized classification societies paragraph (b)(3) to read as follows: society that has its headquarters in that is available from Commandant (G– country. § 69.27 Delegation of authority to measure MSE). Approved classification society (c) Certificates issued by a vessels. rules and supplements are contained in classification society which has had its * * * * * 46 CFR 8.110(b). authorization to participate in the (b) * * * Alternate Compliance Program PART 107ÐINSPECTION AND (3) In lieu of the requirements in terminated will be subject to the CERTIFICATION paragraphs (b)(1) and (2) of this section, provisions of § 8.330. 15. The authority citation for part 107 (d) Owners or operators of vessels is a recognized classification society continues to read as follows: enrolled in the ACP and classed by a under the requirements of 46 CFR part classification society that has its 8. Authority: 43 U.S.C. 1333; 46 U.S.C. 3306; authority to participate in the ACP * * * * * 46 U.S.C. 3316, as amended by Sec. 607, Pub. terminated must: L. 104–324, 110 Stat. 3901; 46 U.S.C 5115; 49 (1) Change the classification society PART 71ÐINSPECTION AND CFR 1.45, 1.46; § 107.05 also issued under for the vessel to a classification society CERTIFICATION authority of 44 U.S.C. 3507. that is authorized to participate in the 16. Revise § 107.205 to read as 11. The authority citation for part 71 ACP; or follows: (2) Disenroll the vessel from the ACP. continues to read as follows: (e) The Coast Guard will provide Authority: 33 U.S.C. 1321(j); 46 U.S.C. § 107.205 Alternate compliance. guidance to a vessel owner affected by 2113, 3306; 46 U.S.C. 3316, as amended by (a) In place of compliance with other the revocation of a classification Sec. 607, Pub. L. 104–324, 110 Stat. 3901; applicable provisions of this subchapter, society’s authority to participate in the E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., the owner or operator of a vessel subject ACP. This will include notification of p. 277; E.O. 12777, 56 FR 54757, 3 CFR 1991 to plan review and inspection under Comp., p. 351; 49 CFR 1.46. when the action required under this subchapter for initial issuance or paragraph (d) of this section must be 12. Revise § 71.15–5 to read as renewal of a Certificate of Inspection completed. follows: may comply with the Alternate Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67537

Compliance Program provisions of part 18. In § 153.12, revise the Authority: 46 U.S.C. 3703, 9101; 49 CFR 8 of this chapter. introductory paragraph to read as 1.46. (b) For the purposes of this section, a follows: 20. Revise § 154.19(a) introductory list of authorized classification societies § 153.12 IMO certificates for United States text to read as follows: is available from Commandant (G-MSE). ships. Approved classification society rules § 154.19 U.S. flag vessel: IMO certificate and supplements are contained in 46 Either a classification society issuance. CFR 8.110(b). authorized under 46 CFR part 8, or the (a) Either a classification society Officer in Charge, Marine Inspection, authorized under 46 CFR part 8, or the PART 153ÐSHIPS CARRYING BULK issues a United States ship an IMO Coast Guard Officer in Charge, Marine LIQUID, LIQUEFIED GAS, OR Certificate endorsed to allow the Inspection, issues an IMO Certificate to COMPRESSED GAS HAZARDOUS carriage of a hazardous material or NLS a U.S. flag vessel when requested by the MATERIALS cargo in Table 1 of this part if the owner or representative, if— following requirements are met: * * * * * 17. The authority citation for part 153 * * * * * continues to read as follows: Dated: December 17, 1997. R. C. North, Authority: 46 U.S.C. 3703; 49 CFR 1.46. PART 154ÐSAFTEY STANDARDS FOR Section 153.40 issued under 49 U.S.C. 5103. SELF-PROPELLED VESSELS Rear Admiral, U.S. Coast Guard, Assistant Sections 153.470 through 153.491, 153.110 CARRYING BULK LIQUEFIED GASES Commandant for Marine Safety and through 153.1132, and 153.1600 through Environmental Protection. 153.1608 also issued under 33 U.S.C. 19. The authority citation for part 154 [FR Doc. 97–33477 Filed 12–23–97; 8:45 am] 1903(b). continues to read as follows: BILLING CODE 4910±14±U federal register December 24,1997 Wednesday Report; Notice Program; Publicationofthe1997Annual The InternationalResearchandStudies Education Department of Part VIII 67539 67540 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

DEPARTMENT OF EDUCATION specialists in government, education, 1997 Program Activities and the private sector; The International Research and In fiscal year 1997, 21 new grants (b) Studies and surveys to assess the Studies Program; Annual Report ($1,822,145) and 12 continuation grants use of graduates of programs supported ($962,523) were awarded under the AGENCY: Department of Education. under this title by governmental, International Research and Studies educational, and private sector Program. All of these grants are active ACTION: Publication of the 1997 annual organizations and other studies currently and will be monitored through report. assessing the outcomes and progress reports submitted by grantees. effectiveness of programs so supported; Grantees have 90 days after the SUMMARY: Section 606 of the Higher expiration of the grant to submit the (c) Comparative studies of the Education Act of 1965 (HEA), as products resulting from their research to effectiveness of strategies to provide amended, authorizes the Secretary of the Department of Education for review international capabilities at institutions Education to provide assistance to and acceptance. conduct research, studies, and surveys, of higher education; Completed Research and develop specialized instructional (d) Research on more effective materials that further the purposes of methods of providing instruction and The first grants under the authority of Part A of Title VI of the HEA. achieving competency in foreign section 606, previously authorized Purpose languages; under section 605, were awarded in fiscal year 1981. Most of the research (e) The development and publication Under the International Research and projects funded in FY 1981 through FY of specialized materials for use in Studies Program, the Secretary of 1993 have been completed and reported foreign language, area studies, and other Education awards grants and contracts in previous annual reports. However, a international fields, or for training for— number of completed research projects foreign language, area, and other (a) Studies and surveys to determine resulting from grants made during prior the needs for increased or improved international specialists; and fiscal years have been received during instruction in foreign language, area (f) The application of performance the past year. A listing of this completed studies, or other international fields, tests and standards across all areas of research follows. Grants from fiscal including the demand for foreign foreign language instruction and years 1994, 1995, and 1996 are still language, area, and other international classroom use. ongoing, or have recently expired.

Title Author/location

Analysis of pre- and post-Program Performance Data for Participants in ACTR and Bryn Mawr College, 1776 Massachusetts Avenue NW, the American Council of Teachers of Russian (ACTR) Semester Pro- Washington, DC 20036, Dan Davidson. grams of Advanced Russian Study in Moscow and St. Petersburg. The Foreign Language and International Studies Program of Title VI of Georgetown University, Department of Linguistics, 37th and O Streets the Higher Education Act Part A, Section 606: An Assessment Study. NW., Washington, DC 20057, Richard T. Thompson. Learning Strategies in Elementary Schools Language Immersion Pro- Georgetown University, Language Research Projects, 2600 Virginia grams. Avenue NW., Washington, DC 20037±1905, Anna Uhl Chamot. Teaching Materials Relating to the Middle East for Middle and Second- Emory University, Middle East Research, Program, 203 Bowden Hall, ary School Teachers. Atlanta, GA 30322, Kenneth W. Stein. Learner's Dictionary of Haitian Creole ...... Indiana University, Ballantine Hall 604, Bloomington, IN 47405, Albert Valdman. A Reference Grammar of Hausa ...... Indiana University, Institute for the Study of Nigerian Languages and Cultures, Memorial Hall 215, Bloomington, IN 47405±6701, Paul Newman. Business ArabicÐLanguage, Culture and Communication. Intermediate The University of Michigan, Department of Near Eastern Studies, and Advanced Levels. 3,074 Frieze Building, Ann Arbor, MI 48109±1285, Raji Rammuny. Teaching about the Americas: Electronic Curriculum ...... University of New Mexico, Latin American Institute, 801 Yale NE, Albu- querque, NM 87131±1016, Roma Arellano and Lisa Falk. Foreign Language Registrations in U.S. Colleges and Universities Fall Modern Language Association, 10 Astor Place, New York, NY 10003, 1995. Richard Brod. Foreign Language Enrollments in Public Secondary Schools Fall 1994 American Council on the Teaching of Foreign Languages, 6 Executive Plaza, Yonkers, NY 10701, Jamie B. Draper and June H. Hicks. Textbook Component of a Russian Language Video Course When in State University of New York at Albany, Office for Research Adminis- Russia. tration 216, Albany, NY 12222, Sophia Lubensky. The China Curriculum Development and Dissemination Project ...... The American Forum for Global Education, 120 Wall Street Suite 2600, New York, NY 10005, Hazel Sara Greenberg. Implementation and Evaluation of an Innovative Japanese Program for Carnegie Mellon University, Department of Modern Languages, Baker Elementary School (FLES). Hall 160, Pittsburgh, PA 15213±3890, Richard Tucker and Richard Donato. Competency-Based Materials for the Teaching of Reading in Indo- University of Wisconsin, Department of South Asian Studies, Madison, nesian. WI 53706, Ellen Rafferty. Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67541

Title Author/location

Development of Instructional Materials about Africa for Elementary and University of Wisconsin, African Studies Program, 205 Ingraham Hall, Secondary School Levels of Education. 1155 Observatory Drive, Madison, WI 53706, James Delehanty.

To obtain a copy of a completed application packages referred to in this Government Printing Office toll free at study, contact the author at the given notice in an alternative format (e.g. 1–888–293–6498. address. Braille, large print, audiotape, or Anyone may also view these FURTHER INFORMATION: For a copy of this computer diskette) by contacting the documents in text copy only on an report and further information regarding Department as listed above. Electronic electronic bulletin board of the the International Research and Studies Access to This Document Department. Telephone: (202) 219–1511 Program, write to Jose L. Martinez, Anyone may view this document, as or, toll free, 1–800–222–4922. The Program Officer, International well as all other Department of documents are located under Option Education and Graduate Programs Education documents published in the G—Files/Announcements, Bulletins, Service, United States Department of Federal Register, in text of portable and Press Releases. Education, 600 Independence Avenue, document format (pdf) on the World Note: The official version of a S. W., Washington, DC 20202–5247. Wide Web at either of the following document is the document published in Telephone number: (202) 401–9784. sites: the Federal Register. Individuals who use a http://ocfo.ed.gov/fedreg.htm Program Authority: 20 U.S.C. telecommunication device for the deaf (TDD) may call the Federal Information http://www.ed.gov/news.html Dated: December 16, 1997. Relay Service (FIRS) at 1–800–877–8339 To use the pdf you must have the Adobe David A. Longanecker, between 8 a.m. and 8 p.m., Eastern time, Acrobat Reader Program with Search, Assistant Secretary for Postsecondary Monday through Friday. which is available free at either of the Education. Individuals with disabilities may previous sites. If you have questions [FR Doc. 97–33598 Filed 12–23–97; 8:45 am] obtain a copy of this notice or the about using the pdf, call the U.S. BILLING CODE 4000±01±P federal register December 24,1997 Wednesday and RequestforComments;Notice Rehabilitation Research;PublicMeeting National InstituteonDisabilityand Education Department of Part IX 67543 67544 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

DEPARTMENT OF EDUCATION who use a telecommunications device computer diskette) on request to Nell for the deaf (TDD) may call 703–524– Bailey. National Institute on Disability and 6639. Requests to provide oral SUPPLEMENTARY INFORMATION: There will Rehabilitation Research; Meeting comments may also be sent through the be additional public meetings in other Internet: [email protected]. AGENCY: Department of Education. regions of the country during the NIDRR invites written comments from months of February, March and April, ACTION: Notice of Public Meeting and those who will be unable to provide oral 1998. The dates and locations of these Request for Comments. comments at the public meetings. meetings will be announced in a SUMMARY: The National Institute on Written comments should be received separate Federal Register notice. by April 30, 1998. Written comments Disability and Rehabilitation Research Electronic Access to This Document (NIDRR) is interested in gathering should be addressed to Ms. Nell Bailey, information from consumers, families, RESNA Technical Assistance Project, Anyone may view this document, as service providers, advocacy 1700 N. Moore St., Suite 1540, well as all other Department of organizations, community groups, State Arlington, VA 22209. Written comments Education documents published in the agencies, and other stakeholders on may also be sent through the Internet: Federal Register, in text of portable existing and future needs for assistive [email protected]. document format (pdf) on the World technology services and devices, The meeting site is accessible to Wide Web at either of the following systemic barriers to meeting those individuals with disabilities. An sites: needs, and successful approaches that individual with a disability who will http://ocfo.ed.gov/fedreg.htm have been used to remove barriers to the need an auxiliary aid or service to http://www.ed.gov/news.html acquisition of assistive technology participate in the meeting (e.g. To use the pdf you must have the Adobe services and devices for individuals interpreting service, assistive listening Acrobat Reader Program with Search, with disabilities. device, or materials in an alternate which is available free at either of the NIDRR invites interested parties to format) should notify the contact person previous sites. If you have questions submit written comments or present listed in this notice at least two weeks about using the pdf, call the U.S. oral comments at a public meeting on before the scheduled meeting date. Government Printing Office toll free at current assistive technology needs and Although the Department will attempt 1–888–293–6498. issues, as well as future directions for to meet a request received after that Anyone may also view these meeting those needs. The purpose of the date, the requested auxiliary aid or documents in text copy only on an meeting is to help formulate future service may not be available because of electronic bulletin board of the policy related to assistive technology for insufficient time to arrange it. Department. Telephone: (202) 219–1511 persons with disabilities. FOR FURTHER INFORMATION CONTACT: Nell or, toll free, 1–800–222–4922. The DATE AND TIME: The public meeting is Bailey. Telephone: (703) 524–6686, ext. documents are located under Option scheduled to be held on Thursday, 305. Individuals who use a G—Files/Announcements, Bulletins, January 15, 1998 from 9:30 a.m. to 4:00 telecommunications device for the deaf and Press Releases. p.m. (TDD) may call (703) 524–6639. Note: The official version of a document is ADDRESSES: The public meeting will be Individuals with disabilities who plan the document published in the Federal held at the Crystal Gateway Marriott at to attend the meeting and require Register. 1700 Jefferson Davis Highway, reasonable accommodations should Dated: December 18, 1997. Arlington, Virginia. submit the request two week in advance Judith E. Heumann, COMMENTS: Persons desiring to provide of the meeting to Nell Bailey. Assistant Secretary for Special Education and oral comments at the public meeting Individuals with disabilities may obtain Rehabilitative Services. should telephone Ms. Nell Bailey on this document in an alternate format [FR Doc. 97–33599 Filed 12–23–97; 8:45 am] (703) 524–6686, ext. 305. Individuals (e.g., Braille, large print, audiotape, or BILLING CODE 4000±01±P federal register December 24,1997 Wednesday (Public Law105±85) Authorization ActforFiscalYear1998 1212 oftheNationalDefense Delegation ofAuthorityUnderSection Memorandum ofDecember19,1997Ð The President Part X 67545

67547

Federal Register Presidential Documents Vol. 62, No. 247

Wednesday, December 24, 1997

Title 3— Memorandum of December 19, 1997

The President Delegation of Authority Under Section 1212 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85)

Memorandum for the Secretary of Commerce

By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate the functions and authorities conferred upon the President by section 1212 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85) to the Secretary of Commerce, who is authorized to redelegate these functions and authorities consistent with applicable law. Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. You are authorized and directed to published this memorandum in the Federal Register. œ–

THE WHITE HOUSE, Washington, December 19, 1997. [FR Doc. 97–33838 Filed 12–23–97; 8:45 am] Billing code 3510–BP–M i

Reader Aids Federal Register Vol. 62, No. 247 Wednesday, December 24, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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 E-mail [email protected] the revision date of each title. 3 CFR Proposed Rules: Laws 51...... 66033 For additional information 523±5227 Proclamations: 70...... 63471 7056...... 64127 Presidential Documents 205...... 65850 7057...... 64131 610...... 64174 523±5227 Executive orders and proclamations 7058...... 65003 729...... 63678 The United States Government Manual 523±5227 7059...... 65309 800...... 66036 7060...... 65987 810...... 66036 7061...... 66251 Other Services 966...... 66312 Executive Orders: 980...... 66312 Electronic and on-line services (voice) 523±4534 13069...... 65989 985...... 67297 Privacy Act Compilation 523±3187 13070...... 66493 1301...... 65226 TDD for the hearing impaired 523±5229 Administrative Orders: Presidential Determinations: 8 CFR ELECTRONIC BULLETIN BOARD No. 98±4 of November 213a...... 64048 14, 1997 ...... 63823 299...... 64048 Free Electronic Bulletin Board service for Public Law numbers, No. 98±5 of November Federal Register finding aids, and list of documents on public 17, 1997 ...... 63619 9 CFR inspection. 202±275±0920 No. 96±6 of December 50...... 66259 FAX-ON-DEMAND 2, 1997 ...... 65005 78...... 64134, 65596 No. 96±7 of December 91...... 64265 You may access our Fax-On-Demand service with a fax machine. 5, 1997 ...... 66253 93...... 64265 There is no charge for the service except for long distance No. 96±8 of December 94...... 65747, 65999 telephone charges the user may incur. The list of documents on 5, 1997 ...... 66255 Proposed Rules: public inspection and the daily Federal Register’s table of 85...... 65630 contents are available. The document numbers are 7050-Public 5 CFR 381...... 64767 Inspection list and 7051-Table of Contents list. The public 213...... 63627 441...... 64767 inspection list is updated immediately for documents filed on an 315...... 63627 emergency basis. 410...... 63630 10 CFR 531...... 65311 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 30...... 63634 532 ...... 66973, 67257, 67258 FILE. Documents on public inspection may be viewed and copied 32...... 63634 551...... 67238 in our office located at 800 North Capitol Street, NW., Suite 700. 50...... 63825, 66977 The Fax-On-Demand telephone number is: 301±713±6905 Proposed Rules: 70...... 63825 831...... 67295 73...... 63640 842...... 67295 1008...... 67518 FEDERAL REGISTER PAGES AND DATES, DECEMBER 870...... 67295 1703...... 66815 890...... 67295 Proposed Rules: 63441±63626...... 1 591...... 63630 40...... 65039 63627±63824...... 2 1201...... 66813 50 ...... 63892, 63911, 66038 63825±64130...... 3 70...... 63911 64131±64262...... 4 7 CFR 64263±64510...... 5 2...... 65593 11 CFR 64511±64676...... 8 17...... 63606 Proposed Rules: 64677±65004...... 9 58...... 66257 100...... 66832 65005±65196...... 10 247...... 64511 102...... 67300 65197±65308...... 11 301 ...... 64133, 64263, 64677 104...... 67300 65309±65592...... 12 319...... 65007 108...... 67300 320...... 65007 65593±65740...... 15 114...... 65040, 66832 330...... 65007 65741±65990...... 16 352...... 65007 12 CFR 65991±66250...... 17 401...... 63631, 65313 8...... 64135 66251±66494...... 18 422...... 65321 202...... 66412 66495±66812...... 19 437...... 65338 203...... 66259 66813±66972...... 22 443...... 65344 226...... 63441, 66179 66973±67256...... 23 454...... 63631 265...... 64996 67257±67548...... 24 457 ...... 63631, 63633, 65130, 506...... 66260, 67117 65313, 65321, 65338, 65344, 516...... 64138 65741, 65991, 67117 543...... 64138 927...... 66495 544...... 66260, 67117 1209...... 66973 545 ...... 64138, 66260, 67117 1412...... 63441 552 ...... 64138, 66260, 67117 1944...... 67216 556...... 64138 2003...... 67258 559...... 66260, 67117 ii Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Reader Aids

560...... 66260, 67117 274...... 64687, 64968 202...... 65180 100...... 65021, 66995 561...... 66260, 67117 Proposed Rules: 203...... 65180 117 ...... 63847, 66005, 66006 563 ...... 64138, 66260, 67117 1...... 66569 570...... 64634 151...... 67526 565...... 66260, 67117 33...... 66569 888...... 64521 160...... 65203 567...... 66260, 67117 Proposed Rules: 165...... 65022 575...... 66260, 67117 18 CFR 180...... 66488 Proposed Rules: 614...... 63644, 66816 62...... 67031 35...... 64688 25 CFR 703...... 64146 37...... 64715 66...... 67031 704...... 64148 401...... 64154 Proposed Rules: 117...... 66039 790...... 65197 514...... 65775 791...... 64266 19 CFR 36 CFR 26 CFR 934...... 65197 4...... 66521 701...... 64279 960...... 66977 25...... 66987 Proposed Rules: 1806...... 64440 20 CFR 54...... 66932 602...... 66987 1...... 63488 Proposed Rules: 255...... 64161 14...... 63488 225...... 64997 340...... 64273 Proposed Rules: 242...... 66216 1...... 64190, 66575 226...... 64769 404...... 64274 327...... 64192 31...... 67304 404...... 64177 422...... 64274 1190...... 67320 405...... 64177 52...... 67013 Proposed Rules: 1191...... 67320 708a...... 64185 54...... 66967 10...... 67120 708b...... 64187 25...... 67120 28 CFR 37 CFR 14 CFR 211...... 64188 0...... 63453 202...... 63657, 66822 422...... 63681 39 ...... 63622, 63828, 63830, 540...... 65184, 65196 Proposed Rules: 253...... 63502, 65777 63831, 63835, 63836, 64268, 21 CFR 29 CFR 64511, 64513, 64514, 64517, 255...... 63506, 65778 64519, 64680, 65009, 65011, 5...... 67270 520...... 64956 38 CFR 65198, 65352, 65355, 65597, 101 ...... 63647, 63653, 64634, 521...... 64956 65600, 65601, 65603, 65604, 66275 522...... 64956 4...... 65207 65749, 65750, 66001, 66264, 179...... 64102, 64107 523...... 64956 17...... 64722 66266, 66268, 66269, 66271, 211...... 66522 527...... 64956 21 ...... 63847, 63848, 66277 66498, 66500, 66502, 66506, 500...... 66982 1614...... 63847 36...... 63454 66508, 66511, 66512, 66980 520...... 65020 1910...... 65203, 66275 Proposed Rules: 71 ...... 64148, 64150, 64151, 522...... 66983 2590...... 66932 21...... 66320 64152, 64268, 64268, 64269, 524...... 65752 4011...... 65607 20...... 64790 64271, 64272, 64273, 64521, 558 ...... 66522, 66984, 66985, 4022...... 65607 4044...... 65609, 65610 65012, 65013, 65014, 65015, 66986, 67273 39 CFR 65201, 65357, 65358, 65606, 806...... 67274 Proposed Rules: 111...... 63850 66179, 66818, 67265, 67266, 866...... 66003 1910...... 65388 255...... 66996 67267 Proposed Rules: 2550...... 66908 262...... 64280 4022...... 66319 73 ...... 65359, 65360, 66002, 200...... 64048 265...... 64280 67268, 67269 801...... 67011 30 CFR 954...... 66997 91...... 66248 803...... 67011 804...... 67011 206...... 65753 40 CFR 93...... 66248 250...... 67278 95 ...... 65016, 65361, 65363 806...... 67011 9...... 66278 807...... 67011 251...... 67278 97 ...... 63447, 63449, 63451 901...... 66819 52 ...... 63454, 63456, 63658, 121...... 65202, 66248 808...... 65384, 66179 Proposed Rules: 64284, 64522, 64722, 64725, 135...... 66248 810...... 67011 56...... 65777, 67013 65224, 65611, 65613, 66007, 255...... 63837, 66272 820...... 67011 66279, 66822, 66998, 67000, 821...... 67011 57 ...... 64789, 65777, 67013 1260...... 63452 62...... 65777, 67013 67002, 67004, 67006 Proposed Rules: 876...... 65770 58...... 67009 1002...... 67011 70...... 65777, 67013 39 ...... 63473, 63475, 63476, 71...... 65777, 67013 62...... 65616 63624, 63912, 63914, 64523, 1020...... 65235, 67011 63...... 64736, 65022 1308...... 64526 75...... 64789 64775, 64777, 64779, 64780, 913...... 67014 64...... 63662 64782, 64784, 64785, 64787, 22 CFR 917...... 63684, 65044 70...... 63662 65227, 65228, 65230, 65231, 926...... 63685, 64327 71...... 63662 120...... 67274 65233, 65768, 66315, 66317, 936...... 65632 72...... 66278 123...... 67274 66560, 66561, 66562, 66563, 946...... 67016 73...... 66278 66565, 66567, 67300, 67303 124...... 67274 74...... 66278 71 ...... 63916, 63917, 64321, 126...... 67274 31 CFR 75...... 66278 64321, 64322, 64323, 64525, 127...... 67274 500...... 64720 77...... 66278 129...... 67274 65040, 65041, 65308, 65383, Proposed Rules: 78...... 66278 65631, 66838, 66840 Proposed Rules: 356...... 64528 80...... 63853 22...... 63478 81 ...... 64284, 64725, 65025 15 CFR 51...... 63478 32 CFR 180 ...... 63662, 63858, 64048, 295...... 64682 53...... 63478 175...... 66523 64287, 64294, 65030, 65365, 922...... 66003 199...... 66989, 66992 65367, 65369, 66008, 66014, 23 CFR Proposed Rules: 318...... 67291 66020 806...... 65043 1327...... 63655 320...... 65020 185 ...... 64048, 64284, 64287, 960...... 65384 Proposed Rules: Proposed Rules: 66020 655...... 64324 199...... 64191, 67018 186...... 64048, 66020 17 CFR 901...... 63485 261...... 63458 15...... 65203 24 CFR 989...... 67305 264...... 64636, 64795 230...... 64968, 65043 100...... 66424 265...... 64636 239...... 64968 103...... 66424 33 CFR 268...... 64504 270...... 64968 201...... 65180 96...... 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300...... 65225 146...... 66932 66294, 66295, 66530, 66826 172...... 66898 721...... 64738 205...... 64301 74...... 65392 174...... 66898 Proposed Rules: 232...... 64301 Proposed Rules: 175...... 66898 51...... 64532, 66841 233...... 64301 1...... 65780, 66321 176...... 66898 52 ...... 63687, 64329, 64543, 235...... 64301 21...... 65780 177...... 66898 647389, 65046, 65634, 250...... 64301 32...... 65053 194...... 67292 66040, 66042, 66043, 66046, 251...... 64301 73 ...... 63690, 65781, 65782, 199...... 67293 66576, 66843, 67034, 67035, 255...... 64301 66323, 66324 219...... 63464, 63675 74...... 65780 67320 256...... 64301 225...... 63675 62...... 65635 257...... 64301 48 CFR 240...... 63464 63...... 65049, 66049 1110...... 66825 1241...... 65378 80...... 63918 Ch. I...... 64912, 64952 Proposed Rules: Proposed Rules: 81...... 63687, 66578 1...... 64913, 64940 1302...... 65778 Ch. X...... 64193 85...... 66841 2...... 64914 172...... 66903 112...... 63812 46 CFR 4...... 64915, 64916 5...... 64914 174...... 66903 144...... 67035 1...... 67526 6...... 64916 175...... 66903 146...... 67035 2...... 67492 7...... 64914 176...... 66903 194...... 64327 8...... 67526 8...... 64914, 64916 177...... 66903 441...... 66182, 67323 31...... 67492, 67526 9...... 64914 195...... 65635 721...... 64738 69...... 67526 12...... 64914, 64916 213...... 65401 799 ...... 67036, 67038, 67466 71...... 67492, 67526 13...... 64914, 64916 243...... 65479 91...... 67492, 67526 41 CFR 16...... 64914, 64916 572...... 64546 107...... 67492, 67526 17...... 64914 51±2...... 66527 114...... 64303 19 ...... 64914, 64916, 64940 51±4...... 66527 115...... 67492 22...... 64914 50 CFR 51±6...... 66527 116...... 64303 25...... 64929 17...... 64306, 66295 60±1...... 66970 117...... 64303 29...... 64930 20...... 63608 60±999...... 66970 118...... 64303 31 ...... 64930, 64931, 64932 222...... 63467 105±60...... 64740 121...... 64303 32...... 64914, 64916 285...... 66828 301...... 63798 122...... 64303 33...... 64914, 64933 600...... 66531 126...... 67492 42 CFR 34...... 64914 622 ...... 63677, 66304, 67010 153...... 67526 37...... 64914 416...... 66726 154...... 67526 648 ...... 63872, 64765, 66304 38...... 64914 660...... 63876 417...... 63669 175 ...... 64303, 65739, 67492 39...... 64914 679 ...... 63877, 63878, 63880, 482...... 66726 176...... 67492 41...... 64916 64760, 65379, 65622, 65626, 483...... 67174 177...... 64303 42 ...... 64915, 64931, 64934, 66031, 66311, 66829 485...... 66726 178...... 64303 64940 489...... 66726 180...... 64303 43...... 64916 Proposed Rules: Proposed Rules: 185...... 64303 45...... 64914 14...... 64335 1001...... 63689, 65049 189...... 67492 46...... 64914 17 ...... 64337, 64340, 64799, 514...... 63463 47...... 64936 64800, 65237, 65783, 65787, 43 CFR 49...... 64916 66325, 66583, 67041, 67324 418...... 66442 47 CFR 51...... 64914 23...... 64347 3740...... 65376 20...... 63864 52 ...... 64914, 64915, 64916 100...... 66216 3810...... 65376 22...... 63864 53 ...... 64914, 64916, 64934, 226...... 66584 3820...... 65376 25...... 64167 64936, 64940 227...... 66325 Proposed Rules: 43...... 64741 5231...... 66826 229...... 65402 4...... 64544 52...... 64759 Proposed Rules: 425...... 66325 54...... 65036, 65389 204...... 65782 600...... 65055, 66844 44 CFR 63...... 64741 1843...... 64545 622...... 65056 61...... 66026 64...... 64741, 64759 1852...... 64545 648...... 65055, 66844 69...... 65619, 66029 660...... 66049 45 CFR 73 ...... 63674, 65392, 65764, 49 CFR 679 ...... 63690, 65402, 65635, Ch. XI...... 66529 65765, 65766, 66030, 66031, 171...... 65188, 66900 65638, 65644, 67041 iv Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Reader Aids

REMINDERS performance, and other ENVIRONMENTAL Arizona; comments due by The items in this list were retention rights; PROTECTION AGENCY 12-29-97; published 11- editorially compiled as an aid published 11-24-97 Air programs: 19-97 to Federal Register users. STATE DEPARTMENT Fuels and fuel additivesÐ Mississippi; comments due Inclusion or exclusion from International traffic in arms; Northern Mariana Islands; by 12-29-97; published this list has no legal miscellaneous amendments; anti-dumping and 11-19-97 significance. published 12-24-97 detergent additization North Carolina et al.; requirements for comments due by 12-29- conventional gasoline; 97; published 11-19-97 COMMENTS DUE NEXT RULES GOING INTO exemption petition; HEALTH AND HUMAN EFFECT DECEMBER 24, WEEK comments due by 1-2- SERVICES DEPARTMENT 1997 98; published 12-3-97 Food and Drug AGRICULTURE Northern Mariana Islands; Administration DEPARTMENT AGRICULTURE anti-dumping and Food for human consumption: DEPARTMENT Agricultural Marketing detergent additization Food labelingÐ Agricultural Marketing Service requirements for Salt, salt substitutes, Service Walnuts grown in California; conventional gasoline; exemption petition; seasoning salt (e.g., Pears (Bartlett) grown in comments due by 12-29-97; comments due by 1-2- garlic salt); serving Oregon et al.; published 11- published 10-30-97 98; published 12-3-97 sizes; reference 24-97 AGRICULTURE amount; comments due DEPARTMENT Air quality implementation AGRICULTURE plans; approval and by 1-2-98; published DEPARTMENT Federal Crop Insurance promulgation; various 12-2-97 Farm Service Agency Corporation States: HEALTH AND HUMAN Organization, functions, and Crop insurance regulations: Louisiana; comments due by SERVICES DEPARTMENT authority delegations: Fresh market tomatoes, etc.; 1-2-98; published 12-2-97 Health Care Financing Rural Development Mission comments due by 12-29- Air quality planning purposes; Administration Area; published 12-24-97 97; published 12-2-97 designation of areas: Medicare: AGRICULTURE COMMERCE DEPARTMENT Alaska; comments due by Physician fee schedule DEPARTMENT Export Administration 1-2-98; published 12-2-97 (1998 CY); payment Rural Business-Cooperative Bureau Pesticides; tolerances in food, policies and relative value Service Export licensing: animal feeds, and raw unit adjustments and Organization, functions, and agricultural commodities: clinical psychologist fee Commerce control listÐ schedule; establishment; authority delegations: Specially designed; 4-(2,2-difluoro-1,3- benzodioxol-4-yl)-1H- comments due by 12-30- Rural Development Mission definition; comments 97; published 10-31-97 Area; published 12-24-97 due by 12-29-97; pyrrole-3-carbonitrile; comments due by 12-29- Physician fee schedule AGRICULTURE published 10-29-97 97; published 10-29-97 (1998 CY); payment DEPARTMENT COMMERCE DEPARTMENT Avermectin; comments due policies and relative value Rural Housing Service National Oceanic and by 12-29-97; published unit adjustments Organization, functions, and Atmospheric Administration 10-29-97 Practice expense relative authority delegations: Fishery conservation and Lambda-cyhalothrin; value units adjustments; Rural Development Mission management: comments due by 12-29- implementation delay; Area; published 12-24-97 Alaska; fisheries of 97; published 10-29-97 comments due by 12- 30-97; published 10-31- AGRICULTURE Exclusive Economic Tebuconazole; comments 97 DEPARTMENT ZoneÐ due by 12-29-97; Rural Utilities Service Bering sea and Aleutian published 10-29-97 INTERIOR DEPARTMENT Organization, functions, and Islands groundfish; Water programs: Fish and Wildlife Service authority delegations: comments due by 1-2- Oil pollution prevention and Endangered and threatened Rural Development Mission 98; published 12-17-97 response; non- species: Area; published 12-24-97 Caribbean, Gulf and South transportation related Findings on petitions, etc.Ð Atlantic fisheriesÐ HEALTH AND HUMAN onhore and offshore Northern goshawk; SERVICES DEPARTMENT Gulf of Mexico reef fish; facilities; comments due comments due by 12- comments due by 12- by 1-2-98; published 12-2- 29-97; published 9-29- Food and Drug 97 Administration 29-97; published 12-10- 97 97 FARM CREDIT Animal drugs, feeds, and NUCLEAR REGULATORY ADMINISTRATION related products: Carribbean, Gulf, and South COMMISSION Atlantic fisheriesÐ Farm credit system: Decoquinate and bacitracin Production and utilization zinc with roxarsone; Snapper grouper fishery; Loan policies and facilities; domestic licensing: published 12-24-97 comments due by 12- operationsÐ Light-water power reactors; 29-97; published 10-30- Organization, functions, and Loan sales into secondary criticality accident 97 authority delegations: markets; relief from requirements; comments Magnuson Act provisions; minimum stock due by 1-2-98; published Center for Devices and comments due by 12-29- purchase and borrower 12-3-97 Radiological Health; 97; published 12-10-97 rights requirements; published 12-24-97 Production and utilization Land Remote Sensing Policy comments due by 1-2- facitilities; domestic PERSONNEL MANAGEMENT Act of 1992: 98; published 12-2-97 licensing: OFFICE Private land remote-sensing FEDERAL Light-water power reactors; Employment: space systems; licensing COMMUNICATIONS criticality accident Reduction in forceÐ provisions; comments due COMMISSION requirements; comments Retention service credit by 1-2-98; published 11-3- Radio stations; table of due by 1-2-98; published based on job 97 assignments: 12-3-97 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Reader Aids v

PERSONNEL MANAGEMENT TRANSPORTATION Fairchild; comments due by Session, has been completed. OFFICE DEPARTMENT 1-2-98; published 11-3-97 It will resume when bills are Absence and leave: Privacy Act; implementation; Fokker; comments due by enacted into Public Law Emergency leave transfer comments due by 12-29-97; 12-29-97; published 11- during the second session of program; comments due published 11-28-97 28-97 the 105th Congress, which by 1-2-98; published 11-3- TRANSPORTATION General Electric Co.; convenes on January 27, 97 DEPARTMENT comments due by 12-30- 1998. Excepted service: Federal Aviation 97; published 10-31-97 Administration Note: A Cumulative List of Student educational Airworthiness standards: Air carrier certification and Public Laws will be published employment program; Special conditionsÐ operations: in the Federal Register on comments due by 1-2-98; Learjet Inc. model 55 Air tour operators; Hawaii; December 31, 1997. published 12-2-97 airplane; comments due comments due by 12-29- by 12-29-97; published Health benefits, Federal 97; published 10-30-97 employees: 11-12-97 Air traffic operating and flight Atlantic high offshore airspace Disenrollment; comments rules, etc.: area; comments due by 1-2- due by 12-29-97; Grand Canyon National 98; published 11-18-97 Public Laws Electronic published 11-28-97 Park, CO; special flight Class E airspace; comments Notification Service rules in vicinity (SFAR SECURITIES AND due by 12-29-97; published (PENS) No. 50-2)Ð EXCHANGE COMMISSION 11-20-97 Securities: Noise limitations; comments due by 12- TRANSPORTATION Shareholder proposals; 30-97; published 10-31- DEPARTMENT comments due by 1-2-98; Note: In order to provide 97 Research and Special published 11-25-97 better and faster service, Airworthiness directives: Programs Administration PENS will begin using a new Small entities; penalty- Airbus; comments due by Pipeline safety: mailing-list management reduction policy statement; 12-29-97; published 11- Leak detection industry software. Effective January 5, comments due by 12-31- 28-97 standard; incorporation by 1997, if you wish to continue 97; published 4-4-97 Airbus Industrie; comments reference; comments due or begin receiving notification STATE DEPARTMENT due by 12-31-97; by 12-29-97; published of newly enacted Public Laws, Consular services; fee published 12-1-97 10-29-97 you will need to resubscribe schedule: Boeing; comments due by TREASURY DEPARTMENT or subscribe to PENS by Adjustments; comments due 12-29-97; published 10- Customs Service sending E-mail to by 12-31-97; published 28-97 Export control: [email protected] with the message: 12-1-97 Dornier; comments due by Used motor vehicles; 12-29-97; published 11- TRANSPORTATION exportation requirements; 28-97 SUBSCRIBE PUBLAWS-L DEPARTMENT comments due by 12-29- FIRSTNAME LASTNAME Empresa Brasileira de 97; published 10-28-97 Coast Guard Aeronautica S.A.; Ports and waterways safety: comments due by 12-29- The text of laws is not Mississippi River, LA; 97; published 11-28-97 LIST OF PUBLIC LAWS available through this service regulated navigation area; Extra Flugzeugbau GmbH; and we cannot respond to comments due by 12-29- comments due by 12-29- The List of Public Laws for specific inquiries sent to this 97; published 10-30-97 97; published 10-23-97 the 105th Congress, First address.